11–19–03 Wednesday Vol. 68 No. 223 Nov. 19, 2003

Pages 65153–65382

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1 II Federal Register / Vol. 68, No. 223 / Wednesday, November 19, 2003

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2 III

Contents Federal Register Vol. 68, No. 223

Wednesday, November 19, 2003

Advisory Council on Historic Preservation Committee for the Implementation of Textile Agreements See Historic Preservation, Advisory Council NOTICES Cotton, wool, and man-made textiles: Agriculture Department Guatemala, 65251–65252 See Commodity Credit Corporation Hungary, 65252 See Foreign Agricultural Service India, 65253–65254 See Forest Service Indonesia, 65254–65256 See Grain Inspection, Packers and Stockyards Textile and apparel categories: Administration Caribbean Basin Trade Partnership Act; short supply See Natural Resources Conservation Service requests— Printed 100 percent rayon herringbone fabric, 65256 Alcohol and Tobacco Tax and Trade Bureau Commodity Credit Corporation NOTICES NOTICES Agency information collection activities; proposals, Agricultural commodities available for donation overseas: submissions, and approvals, 65343–65344 Nonfat dry milk, 65238 Arts and Humanities, National Foundation Commodity Futures Trading Commission See National Foundation on the Arts and the Humanities NOTICES Meetings; Sunshine Act, 65256–65257 Census Bureau NOTICES Customs and Border Protection Bureau Agency information collection activities; proposals, NOTICES submissions, and approvals, 65241–65244 Senior Executive Service: Performance Review Board; membership, 65303–65304 Trade name recordation applications: Centers for Disease Control and Prevention DISPALCA, 65304 NOTICES Agency information collection activities; proposals, Defense Department submissions, and approvals, 65290–65291 RULES Civilian health and medical program of uniformed services Centers for Medicare & Medicaid Services (CHAMPUS): RULES TRICARE program— Medicare: National Defense Authorization Act for 2003 FY; National coverage and local coverage determinations; implementation; inpatient mental health care review preauthorization eliminated and dental program Correction, 65346 expanded, 65172–65174

Children and Families Administration Energy Department NOTICES See Federal Energy Regulatory Commission Organization, functions, and authority delegations: Regional offices, 65291–65303 Environmental Protection Agency PROPOSED RULES Air quality implementation plans; approval and Coast Guard promulgation; various States: RULES Montana, 65229–65234 Drawbridge operations: Pennsylvania, 65234–65237 Florida, 65175–65177 NOTICES Wisconsin, 65174–65175 Agency information collection activities; proposals, Ports and waterways safety: submissions, and approvals, 65276–65277 Coronado and Imperial Beach, San Diego, CA; security Meetings: zone, 65177–65179 Environmental Policy and Technology National Advisory Regattas and marine parades: Council, 65277–65278 Eastport Yacht Club Lights Parade, 65174 Pesticide, food, and feed additive petitions: PROPOSED RULES C.P. Hall Co., 65279–65281 Ports and waterways safety: Valent BioSciences Corp., 65281–65285 Savannah River, GA; regulated navigation area, 65227– Pesticide registration, cancellation, etc.: 65229 Thermo Trilogy Corp., 65278–65279 Pesticides; experimental use permits, etc.: Commerce Department Dow AgroSciences LLC, 65285–65286 See Census Bureau See Foreign-Trade Zones Board Executive Office of the President See International Trade Administration See Presidential Documents

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Federal Aviation Administration United Parcel Service, Inc., 65289 RULES Air carrier certification and operations: Federal Reserve System Major repair data development (SFAR No. 36), 65375– NOTICES 65379 Banks and bank holding companies: Air traffic operating and flight rules, etc.: Formations, acquisitions, and mergers, 65289 Iraq; flights within territory and airspace; overflights Permissible nonbanking activities, 65289–65290 permission, 65381–65382 Airworthiness directives: Financial Management Service Titeflex Corp., 65157–65159 See Fiscal Service Class E airspace, 65159–65164 PROPOSED RULES Fiscal Service Class E airspace, 65224–65227 NOTICES NOTICES Surety companies acceptable on Federal bonds: Advisory circulars; availability, etc.: RLI Indemnity Co., 65344–65345 Airworthiness designee information, 65340–65341 Exemption petitions; summary and disposition, 65341– Food and Drug Administration 65342 RULES Passenger facility charges; applications, etc.: Animal drugs, feeds, and related products: Altoona-Blair County Airport, PA, 65342 Dexamethasone injection, 65168–65169 NOTICES Federal Deposit Insurance Corporation Meetings: NOTICES Food Safety and Applied Nutrition Center; workshop, Agency information collection activities; proposals, 65303 submissions, and approvals, 65286–65287 Foreign Agricultural Service Federal Energy Regulatory Commission NOTICES NOTICES Trade adjustment assistance; applications, petitions, etc.: Electric rate and corporate regulation filings: Georgia Shrimp Association, 65238 Black Hills Corp., et al., 65261–65263 South Carolina Shrimpers’ Association, 65239 Blue Canyon Windpower LLC et al., 65263–65265 Texas Shrimp Association, 65239 Environmental statements; notice of intent: Idaho Power Co., Hells Canyon Hydropower Project; Foreign-Trade Zones Board meeting, 65265–65266 NOTICES Lake Charles Express, LLC, 65266–65268 Applications, hearings, determinations, etc.: TransColorado Gas Transmission Co., 65268–65270 New Jersey Hydroelectric applications, 65270–65275 International Flavors & Fragrances, Inc.; flavor and Meetings: fragrances products manufacturing facilities, CenterPoint Energy Gas Transmission Co.; technical 65244–65245 conference, 65275 L’ Oreal USA, Inc.; cosmetic and beauty products Cheyenne Plains Gas Pipeline Co., et al., 65275 manufacturing and warehousing facilities, 65245– Freeport LNG Development, L.P.; project environmental 65246 impact statement, 65275 Puerto Rico Practice and procedure: Pepsi-Cola Manufacturing International, Ltd.; soft drink Off-the-record communications, 65275–65276 and juice beverage concentrate manufacturing Applications, hearings, determinations, etc.: plant, 65246 ANR Pipeline Co., 65257 Tennessee CenterPoint Energy - Mississippi River Transmission Sharp Manufacturing Company of America; consumer Corp., 65257 and business electronics manufacturing facilities, Colorado Interstate Gas Co., 65258 65246–65247 Dominion Transmission, Inc., 65258 Iroquois Gas Transmission System, L.P., 65258 Forest Service Overthrust Pipeline Co., 65259 NOTICES Paiute Pipeline Co., 65259 Agency information collection activities; proposals, Questar Pipeline Co., 65259–65260 submissions, and approvals, 65239–65240 Tennessee Gas Pipeline Co., 65260–65261 Environmental statements; notice of intent: Texas Gas Transmission, LLC, 65261 Umpqua National Forest, OR, 65240 Wyoming Interstate Co., Ltd., 65261 Meetings: Resource Advisory Committees— Federal Maritime Commission Mineral County, 65240 NOTICES Agreements filed, etc., 65287 Grain Inspection, Packers and Stockyards Administration Investigations, hearings, petitions, etc.: PROPOSED RULES Bax Global, Inc., 65287–65288 Fees: C.H. Robinson Worldwide, Inc., 65288 Official Inspection and weighing services, 65210–65224 National Customs Brokers and Forwarders Association of America, Inc., 65288 Health and Human Services Department Ocean World Lines, Inc., 65288–65289 See Centers for Disease Control and Prevention

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See Centers for Medicare & Medicaid Services Minerals Management Service See Children and Families Administration RULES See Food and Drug Administration Outer Continental Shelf; oil, gas, and sulphur operations: American Petroleum Institute Recommended Practice Historic Preservation, Advisory Council 14C; incorporation by reference; correction, 65172 NOTICES NOTICES Reports and guidance documents; availability, etc.: Agency information collection activities; proposals, Preserve America; improving Federal agency planning submissions, and approvals, 65305–65309 and accountability, 65238 Environmental statements; availability, etc.: Alaska OCS— Oil and gas lease sales, 65309 Homeland Security Department Environmental statements; notice of intent: See Coast Guard Gulf of Mexico OCS— See Customs and Border Protection Bureau Oil and gas lease sales, 65309–65310 Outer Continental Shelf operations: Housing and Urban Development Department Alaska Region— NOTICES Oil and gas lease sales, 65310 Meetings: Manufactured Housing Consensus Committee, 65304 National Foundation on the Arts and the Humanities NOTICES Interior Department Meetings: See Land Management Bureau Combined Arts Advisory Panel, 65320 See Minerals Management Service Partnerships Advisory Panel, 65320 See National Park Service National Highway Traffic Safety Administration RULES Internal Revenue Service Motor vehicle safety standards: PROPOSED RULES Occupant crash protection— Income taxes: Future air bags designed to create less risk of serious Partnership transactions involving long-term contracts; injuries for small women and young children, etc., accounting method 65179–65201 Correction, 65346 NOTICES National Park Service Agency information collection activities; proposals, NOTICES submissions, and approvals, 65345 Agency information collection activities; proposals, Meetings: submissions, and approvals, 65311–65313 Taxpayer Advocacy Panels, 65345 Environmental statements; availability, etc.: Big Thicket National Preserve, TX, 65313 International Trade Administration Padre Island National Seashore, TX, 65313–65314 NOTICES Meetings: Antidumping: Delaware Water Gap National Recreation Area Citizen Canned pineapple fruit from— Advisory Commission, 65314 Thailand, 65247–65249 Native American Graves Protection and Repatriation Refined brown aluminum oxide from— Review Committee, 65314 China, 65249–65250 National Register of Historic Places: Export trade certificates of review, 65250–65251 Pending nominations, 65314–65316

International Trade Commission Natural Resources Conservation Service RULES PROPOSED RULES Practice and procedure: Emergency Water Protection Program; implementation, Investigations relating to global and bilateral safeguard 65202–65210 actions, market disruption, and relief actions review, 65164–65168 Nuclear Regulatory Commission NOTICES Regulatory guides; issuance, availability, and withdrawal, Justice Department 65320–65321 See Prisons Bureau NOTICES Postal Rate Commission Pollution control; consent judgments: RULES American Cyanamid, et al., 65316–65319 Practice and procedure: Estate of J.J. Oberbillig, 65319 Postal Service data submissions; periodic reporting rules; Metropolitan St. Louis Sewer District, et al., 65319–65320 update, 65347–65373

Land Management Bureau Presidential Documents NOTICES PROCLAMATIONS Meetings: Special observances: Resource Advisory Councils— National American Indian Heritage Month (Proc. 7735), Mojave Southern Great Basin, 65304–65305 65153–65154

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National Employer Support of the Guard and Reserve Textile Agreements Implementation Committee Week (Proc. 7736), 65155–65156 See Committee for the Implementation of Textile Agreements Prisons Bureau RULES Transportation Department Inmate control, custody, care, etc.: See Federal Aviation Administration Occupational education programs, 65169–65170 See National Highway Traffic Safety Administration Postsecondary education programs, 65170–65172 See Surface Transportation Board Public Debt Bureau See Fiscal Service Treasury Department See Alcohol and Tobacco Tax and Trade Bureau Securities and Exchange Commission See Fiscal Service NOTICES See Internal Revenue Service Agency information collection activities; proposals, submissions, and approvals, 65321–65322 Investment Company Act of 1940: Separate Parts In This Issue Shares substitution applications— Principal Life Insurance Co., et al., 65323–65328 Public Utility Holding Company Act of 1935 filings, 65328– Part II 65330 Postal Rate Commission, 65347–65373 Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 65330–65332 Part III Cincinnati Stock Exchange, Inc., 65332–65333 Transportation Department, Federal Aviation Depository Trust Co., 65333–65335 Administration, 65375–65379 International Securities Exchange, Inc., 65335–65336 New York Stock Exchange, Inc., 65336–65337 Part IV Pacific Exchange, Inc., 65337–65339 Transportation Department, Federal Aviation Applications, hearings, determinations, etc.: Administration, 65381–65382 Ziegler Companies, Inc., 65322–65323

Small Business Administration NOTICES Reader Aids Disaster loan areas: Consult the Reader Aids section at the end of this issue for Texas, 65339–65340 phone numbers, online resources, finding aids, reminders, Virginia, 65340 and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents Surface Transportation Board LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Railroad operation, acquisition, construction, etc.: archives, FEDREGTOC-L, Join or leave the list (or change CSX Transportation, Inc., 65342–65343 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 7735...... 65153 7736...... 65155 7 CFR Proposed Rules: 624...... 65202 800...... 65210 14 CFR 39...... 65157 71 (5 documents) ...... 65159, 65161, 65162, 65163 91...... 65382 121...... 65376 135...... 65376 145...... 65376 Proposed Rules: 71...... 65224 19 CFR 206...... 65164 21 CFR 522...... 65168 26 CFR Proposed Rules: 1...... 65346 28 CFR 544 (2 documents) ...... 65169, 65170 30 CFR 250...... 65172 32 CFR 199...... 65172 33 CFR 100...... 65174 117 (2 documents) ...... 65174, 65175 165...... 65177 Proposed Rules: 165...... 65227 39 CFR 3001...... 65348 40 CFR Proposed Rules: 52 (2 documents) ...... 65229, 65234 42 CFR 426...... 65346 49 CFR 571...... 65179

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Federal Register Presidential Documents Vol. 68, No. 223

Wednesday, November 19, 2003

Title 3— Proclamation 7735 of November 14, 2003

The President National American Indian Heritage Month, 2003

By the President of the United States of America

A Proclamation During National American Indian Heritage Month, we honor the accomplish- ments and culture of American Indians and Alaska Natives and recognize their contributions to our country. To help educate Americans and illustrate the important role of these native people to our Nation, the new National Museum of the American Indian will open next year. American Indians and Alaska Natives have a long tradition of serving with pride and accomplishment in the United States Armed Forces. Today, their patriotism is reflected in the more than 13,000 American Indians and Alaska Natives serving on active duty and the more than 6,400 reservists. In Iraq, Specialist Lori Piestewa of the Army’s 507th Maintenance Company and a member of the Hopi tribe, was the first American servicewoman killed in Operation Iraqi Freedom and the only known American Indian woman killed in action in any conflict. Her bravery, service, and sacrifice are an inspiration to our men and women in uniform and to all Americans. To ensure the future success of America’s tribal communities, my Administra- tion is committed to improving education, increasing employment and eco- nomic development, and ensuring better access to health and human services for all American Indians and Alaska natives. Government-wide, we proposed in the 2004 Budget to spend over $11 billion on Native American programs. The Department of Education’s Office of Indian Education is working to implement the No Child Left Behind Act of 2001 within the Native American community. Indian tribes, schools, and local education agencies that serve American Indian and Native Alaska children will have access to nearly $122 million in grants to improve education opportunities. In addition, the Department of the Interior’s 2004 program includes over $49 million for America’s tribal colleges and universities. This investment will help American Indian students reach their full potential and achieve their dreams. We are also working to address the healthcare needs of American Indians, particularly the rising incidence of diabetes. The United States has a strong relationship with American Indian tribes and Alaska Native entities. By continuing to work on a government-to- government basis with these tribal governments, we are fostering greater understanding and promoting tribal self-determination and self-governance. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim November 2003 as National American Indian Heritage Month. This month, I encourage citizens to learn more about the rich heritage of American Indians and Alaska Natives and the role they have played in building and sustaining our Nation and to commemorate this month with appropriate programs and activities.

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IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of November, in the year of our Lord two thousand three, and of the Independence of the United States of America the two hundred and twenty- eighth. W

[FR Doc. 03–29072 Filed 11–18–03; 8:45 am] Billing code 3195–01–P

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Proclamation 7736 of November 14, 2003

National Employer Support of the Guard and Reserve Week, 2003

By the President of the United States of America

A Proclamation From before the American Revolution, to the Civil War, to the wars in Vietnam and the Persian Gulf, our National Guard and Reserve have served our country with distinction. Today, our National Guard and Reserve forces are active on every front in the War on Terror. During National Employer Support of the Guard and Reserve Week, we honor our courageous citizen- soldiers and their employers, whose continued support is vital to the success of our Armed Forces and to the strength of our country. America’s Guard and Reserve personnel are training hard and deploying frequently to meet new challenges worldwide. These brave defenders have performed combat operations in Iraq and Afghanistan. They have provided security at Guantanamo Bay. They have prepared for homeland security missions. Our Nation is blessed and grateful for the service of the brave men and women of the National Guard and Reserve. By supporting our Guardsmen and Reservists, employers across our Nation also are helping to advance freedom and democracy around the world. At the same time, these employers benefit from the experience and leadership skills these citizen-soldiers bring home. Employer support of our Guard and Reserve in the United States and abroad helps ensure our troops are mission-ready and is a source of pride and assurance for all Americans. This country is grateful to employers and workers for their support of Guard and Reserve members and their families. Because military deployment often disrupts families and businesses, my Administration is working to make deployments more predictable. Together, our National Guard and Re- serve forces and their employers are united in purpose and reflect the highest standards of professionalism and honor. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim November 16 through November 22, 2003, as National Employer Support of the Guard and Reserve Week. I encourage all Americans to join me in expressing our heartfelt thanks to the members of our National Guard and Reserve and their civilian employers for their extraordinary sacrifices on behalf of our Nation. I also call on State and local officials, private organizations, businesses, and all military commanders to observe this week with appropriate ceremonies and activities.

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IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of November, in the year of our Lord two thousand three, and of the Independence of the United States of America the two hundred and twenty- eighth. W

[FR Doc. 03–29073 Filed 11–18–03; 8:45 am] Billing code 3195–01–P

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Rules and Regulations Federal Register Vol. 68, No. 223

Wednesday, November 19, 2003

This section of the FEDERAL REGISTER 12 New England Executive Park, However, as detailed above, no change contains regulatory documents having general Burlington, MA. You may examine the to the AD is needed because the applicability and legal effect, most of which service information, by appointment, at statement ‘‘installed on, but not limited are keyed to and codified in the Code of the FAA, New England Region, Office of to’’ already includes the entire fleet. Federal Regulations, which is published under the Regional Counsel, 12 New England 50 titles pursuant to 44 U.S.C. 1510. Ensure Adequacy of Service Bulletins Executive Park, Burlington, MA; or at The Code of Federal Regulations is sold by the Office of the Federal Register, 800 One commenter notes that the service the Superintendent of Documents. Prices of North Capitol Street, NW., suite 700, bulletins should contain adequate new books are listed in the first FEDERAL Washington, DC. information to do the inspection REGISTER issue of each week. FOR FURTHER INFORMATION CONTACT: requirements, and that an adequate Terry Fahr, Aerospace Engineer, Boston number of spare hoses should be made Aircraft Certification Office, FAA, available. DEPARTMENT OF TRANSPORTATION Engine and Propeller Directorate, 12 The FAA agrees. The alert service bulletins contain adequate information Federal Aviation Administration New England Executive Park, Burlington, MA 01803–5299; telephone to do the inspection requirements, and (781) 238–7155; fax (781) 238–7199. the FAA has been advised by Titeflex 14 CFR Part 39 Corporation that an adequate supply of SUPPLEMENTARY INFORMATION: The FAA spare hoses is available. [Docket No. 2002–NE–22–AD; Amendment proposed to amend 14 CFR Part 39 with 39–13369; AD 2003–23–05–AD] a proposed airworthiness directive (AD). Correct a Reference to Service Bulletins RIN 2120–AA64 The proposed AD applies to certain One commenter requests that the Titeflex Corporation hoses installed on reference to service bulletins listed in Airworthiness Directives; Titeflex Boeing 737–300, –400, –500, –600, Table 1, be removed from the Corporation –700, –700C, –800, –900, 747–400, 757– compliance paragraph preceding Table AGENCY: Federal Aviation 200, –300, 767–200, –300, and –300F 1 because those service bulletins are not Administration (FAA), DOT. airplanes. We published the proposed referenced in Table 1. AD in the Federal Register on March 13, ACTION: Final rule. The FAA does not agree. The 2003 (68 FR 11999). That action compliance paragraph mandates the SUMMARY: The FAA is adopting a new proposed to require within 24 months inspection of the manufacture date code airworthiness directive (AD) for certain after the effective date of the AD, on all hoses listed in Table 1 of this AD, Titeflex Corporation hoses installed on inspection of hoses for proper date and using the Accomplishment Instructions Boeing 737–300, –400, –500, –600, paint code, replacement if necessary, of the applicable Boeing alert service –700, –700C, –800, –900, 747–400, 757– and inspection for proper heat treatment bulletins (ASBs) contained in Table 1 of 200, –300, 767–200, –300, and –300F of aluminum B-nuts, if necessary. this AD. Table 1 lists six different Alert airplanes. This AD requires, within 24 Comments Service Bulletins. Therefore, no change months after the effective date of the will be made to the AD. AD, inspection of certain Titeflex We provided the public the opportunity to participate in the Allow Use of Aircraft Records For AD Corporation hoses for proper date and Compliance paint code, replacement if necessary, development of this AD. We have and inspection for proper heat treatment considered the comments received. One commenter requests that the use of aluminum B-nuts, if necessary. This List Only Specific Aircraft of aircraft records be permitted as an AD is prompted by certain Titeflex alternate means of compliance (AMOC) One commenter requests that only Corporation hoses discovered with with the inspections requirements of specific aircraft be listed in the incorrect heat treatment of B-nuts. We this AD. applicability, and requests that we are issuing this AD to prevent fire The FAA agrees. The operator can eliminate the statement ‘‘used on, but extinguishing system and fuel system request an AMOC and the FAA will not limited to’’ from the applicability hose failure due to improperly heat review the operator’s records to statement. treated aluminum B-nuts. determine AMOC acceptability. The FAA does not agree. Since the DATES: This AD becomes effective hoses can be used on many airplanes, New Revision to Service Bulletin December 24, 2003. The Director of the the FAA uses the statement ‘‘used on, The proposed AD incorporated by Federal Register approved the but not limited to’’ to include any reference Boeing ASB 737–26A1109, incorporation by reference of certain operator who may have installed a hose Revision 1, dated November 7, 2002. publications listed in the regulations as on an airplane other than the ones The final rule has replaced that ASB of December 24, 2003. called out in the service bulletins. with Boeing ASB 737–26A1109, ADDRESSES: You can get the service Revision 2, dated May 8, 2003. information identified in this AD from Entire Fleet’s Effectivity Boeing Commercial Airplane Group, PO One commenter requests that the AD Conclusion Box 3703, Seattle, Washington 98124– include the entire fleet’s effectivity, We have carefully reviewed the 2207; telephone (206) 544–5000. because hoses may have been available data, including the comments You may examine the AD docket, by exchanged between aircraft. received, and determined that air safety appointment, at the FAA, New England The FAA agrees that hoses may have and the public interest require adopting Region, Office of the Regional Counsel, been exchanged between aircraft. the AD with the changes described

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previously. We have determined that (3) Will not have a significant 2003–23–05 Titeflex Corporation: these changes will neither increase the economic impact, positive or negative, Amendment 39–13369. Docket No. economic burden on any operator nor on a substantial number of small entities 2002–NE–22–AD. increase the scope of the AD. under the criteria of the Regulatory Effective Date Flexibility Act. Changes to 14 CFR Part 39—Effect on (a) This AD becomes effective the AD We prepared a summary of the costs December 24, 2003. to comply with this AD and placed it in On July 10, 2002, the FAA published the AD Docket. You may get a copy of Affected ADs a new version of 14 CFR part 39 (67 FR this summary by sending a request to us (b) None. 47997, July 22, 2002), which governs the at the address listed under ADDRESSES. Applicability FAA’s AD system. That regulation now Include ‘‘AD Docket No. 2002–NE–22– includes material that relates to altered AD’’ in your request. (c) This AD applies to certain Titeflex products, special flight permits, and Corporation hoses that are identified by alternative methods of compliance. The List of Subjects in 14 CFR Part 39 Boeing part number (P/N), or for certain material previously was included in hoses, by Titeflex parts manufacturer Air transportation, Aircraft, Aviation approval (PMA) P/N in this AD. These hoses each individual AD. Since the material safety, Incorporation by reference, are used on, but not limited to, Boeing 737– is included in 14 CFR part 39, we will Safety. 300, –400, –500, –600, –700, –700C, –800, not include it in future AD actions. and –900; 757–200 and –300; 767–200, –300, Adoption of the Amendment Regulatory Findings and –300F; and 747–400 airplanes. We have determined that this AD will ■ Accordingly, under the authority Unsafe Condition not have federalism implications under delegated to me by the Administrator, (d) This AD is prompted by certain Titeflex Executive Order 13132. This AD will the Federal Aviation Administration Corporation hoses discovered with incorrect not have a substantial direct effect on amends 14 CFR part 39 as follows: heat treatment of B-nuts. The actions specified in this AD are intended to prevent the States, on the relationship between fire extinguishing system and fuel system the national government and the States, PART 39—AIRWORTHINESS DIRECTIVES hose failure due to improperly heat treated or on the distribution of power and aluminum B-nuts. responsibilities among the various ■ 1. The authority citation for part 39 levels of government. Compliance continues to read as follows: For the reasons discussed above, I (e) Compliance with this AD is required as certify that this AD: Authority: 49 U.S.C. 106(g), 40113, 44701. indicated, unless already done. (f) Within 24 months after the effective (1) Is not a ‘‘significant regulatory § 39.13 [Amended] date of this AD, inspect the manufacture date action’’ under Executive Order 12866; code on all hoses listed in Table 1 of this AD. (2) Is not a ‘‘significant rule’’ under ■ 2. The FAA amends § 39.13 by adding Use the Accomplishment Instructions of the DOT Regulatory Policies and Procedures the following new airworthiness applicable Boeing alert service bulletins (44 FR 11034, February 26, 1979); and directive (AD): (ASB) contained in the following Table 1.

TABLE 1.—APPLICABLE HOSE P/NS

Titeflex PMA Airplane model Boeing hose P/N P/N Used for Applicable alert service bulletin

(1) 737–300, –400, and –500 air- S312N512–5 113701–5 Engine and cargo compartment 737–26A1108, Revision 1, dated planes. S312N512–6 113701–6 fire extinguishing bottles. June 27, 2002. BACH5R0110YP BACH5S0110XN (2) 737–600, –700,–700C, –800, S316A001–1 115398–1 Engine, auxiliary power unit 737–26A1109, Revision 12, dated –900 airplanes. S316A001–2 115398–2 (APU), and cargo compartment May 8, 2003. S312N512–15 113701–15 and fire extinguishing bottles, S312N512–17 113701–17 and wing-to-strut fuel hoses. S312N512–18 113701–18 BACH5R0110YP BACH5S0110XN (3) 747–400 airplanes ...... BACH5R0080YY Forward cargo and main deck 747–26A2269, Revision 1, dated BACH5R0140YU cargo compartment fire extin- June 6, 2002. BACH5S0140XT guishing bottles.. BACH5R0186YY BACH5R0186XX BACH5S0080XX BACH5S0080YY BACH5S0110XN (4) 757–200 airplanes ...... S312N512–1 113701–1 Engine, APU, and cargo compart- 757–26A0043, Revision 1, dated S312N512–2 113701–2 ment fire extinguishing bottles. November 14, 2002. S312N512–3 113701–3 S312N512–4 113701–4 BACH5R0110YP BACH5S0110XN

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TABLE 1.—APPLICABLE HOSE P/NS—Continued

Titeflex PMA Airplane model Boeing hose P/N P/N Used for Applicable alert service bulletin

(5) 757–300 airplanes ...... S312N512–1 113701–1 Engine and cargo compartment 757–26A0044, Revision 1, dated S312N512–2 fire extinguishing bottles. November 14, 2002. S312N512–3 113701–2 S312N512–4 113701–3 BACH5R0110YP 113701–4 BACH5S0074XN (6) 767–200, –300, and –300F air- BACH5R0085YU Cargo compartment fire extin- 767–26A0121, dated December planes. BACH5R0140YU guishing bottles. 19, 2001. BACH5S0077XT BACH5S0140XT BACH5S0184XX BACH5R0127YY

(g) If the hose manufacture date code is Credit For Previous Inspections Material Incorporated by Reference before 11/99 or after 1/01, or if the (j) Previous inspections performed using (l) The Director of the Federal Register manufacture date is 11/99 through 1/01 and ASB 737–26A1108, dated November 15, approved the incorporation by reference of there is a permanent white dot on the ID 2001, ASB 737–26A1109, dated November the documents listed in the following Table band, no further action is required for that 15, 2001, ASB 737–26A1109, Revision 1, 2 in accordance with 5 U.S.C. 552(a) and 1 dated November 7, 2002, ASB 747–26A2269, hose. CFR part 51. You can get a copy from Boeing (h) If the hose manufacture date code is 11/ dated November 1, 2001, ASB 757–26A0043, Commercial Airplane Group, PO Box 3707, 99 through 1/01 inclusive and there is no dated November 15, 2001, and ASB 757– Seattle, Washington 98124–2207. You can permanent white dot on the ID band, replace 26A0044, dated November 15, 2001, comply with the inspection requirements of this AD. review copies at the FAA, New England the hose with a serviceable hose or perform Region, Office of the Regional Counsel, 12 an indirect conductive inspection/test for Alternative Methods of Compliance New England Executive Park, Burlington, proper heat treat. Use the accomplishment (k) The Manager, Boston Aircraft MA; or at the Office of the Federal Register, instructions of the applicable ASB listed in Certification Office, has the authority to 800 North Capitol Street, NW, suite 700, Table 1 of this AD. approve alternative methods of compliance Washington, DC. (i) Replace the hose with a serviceable hose for this AD if requested using the procedures if any B-nut is improperly heat treated. found in 14 CFR 39.19.

TABLE 2.—INCORPORATION BY REFERENCE

Alert service bulletin Page number(s) Revision Date

737–26A1108 ...... ALL ...... 1 ...... June 27, 2002. Total Pages: 48 737–26A1109 ...... ALL ...... 2 ...... May 8, 2003. Total Pages: 68 747–26A2269 ...... ALL ...... 1 ...... June 6, 2002. Total Pages: 36 757–26A0043 ...... ALL ...... 1 ...... November 14, 2002. Total Pages: 40 757–26A0044 ...... ALL ...... 1 ...... November 14, 2002. Total Pages: 34 767–26A0121 ...... ALL ...... Original ...... December 19, 2001. Total Pages: 20

Related Information DEPARTMENT OF TRANSPORTATION Navigation (RNAV) Global Positioning (m) None. System (GPS) Standard Instrument Federal Aviation Administration Approach Procedures (SIAPs) and a Issued in Burlington, Massachusetts, on November 10, 2003. nondirectional radio beacon (NDB) SIAP 14 CFR Part 71 have been developed to serve Stanton Francis A. Favara, [Docket No. FAA–2003–16411; Airspace County Municipal Airport. The existing Acting Manager, Engine and Propeller Docket No. 03–ACE–77] SIAP serving Stanton County Municipal Directorate, Aircraft Certification Service. Airport will be cancelled when these [FR Doc. 03–28730 Filed 11–18–03; 8:45 am] Modification of Class E Airspace; new SIAPs become effective. An BILLING CODE 4910–13–P Johnson, KS examination of controlled airspace for AGENCY: Federal Aviation Johnson, KS revealed a discrepancy in Administration (FAA), DOT. the Stanton County Municipal Airport ACTION: Direct final rule; request for Airport Reference Point (ARP) used in comments. the legal description of the Class E airspace area. The examination also SUMMARY: This action modifies the revealed that this airspace area does not Johnson, KS Class E airspace area. Area provide adequate airspace for diverse

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departures. This action provides also encompasses required airspace for docket numbers and be submitted in controlled airspace of appropriate the newly developed RNAV (GPS) triplicate to the address listed above. dimensions to protect aircraft departing SIAPs that serve Runway (RWY) 17 and Commenters wishing the FAA to Stanton County Municipal Airport in RWY 35 at Stanton County Municipal acknowledge receipt of their comments instrument weather conditions and Airport. The new NDB SIAP has a on this notice must submit with those aircraft executing SIAPs to the airport. higher final approach fix crossing comments a self-addressed, stamped It also incorporates the revised Stanton altitude than the NDB or GPS SIAP postcard on which the following County Municipal Airport ARP into the being cancelled. This eliminates the statement is made: ‘‘Comments to Class E airspace legal description and need for the north extension of the Docket No. FAA–2003–16411/Airspace brings the airspace area and legal Johnson, KS Class E airspace area. This Docket No. 03–ACE–77.’’ The postcard description into compliance with FAA action brings the legal description of will be date/time stamped and returned Orders. this airspace area into compliance with to the commenter. FAA Order 7400.2E. The area will be DATES: This direct final rule is effective Agency Findings on 0901 UTC, February 19, 2004. depicted on appropriate aeronautical Comments for inclusion in the Rules charts. Class E airspace areas extending The regulations adopted herein will Docket must be received on or before upward from 700 feet or more above the not have a substantial direct effect on December 16, 2003. surface of the earth are published in the States, on the relationship between paragraph 6005 of FAA Order 7400.9L, ADDRESSES: Send comments on this the national Government and the States, dated September 2, 2003, and effective proposal to the Docket Management or on the distribution of power and September 16, 2003, which is System, U.S. Department of responsibilities among the various incorporated by reference in 14 CFR Transportation, Room Plaza 401, 400 levels of government. Therefore, it is 71.1. The Class E airspace designation Seventh Street, SW., Washington, DC determined that this final rule does not listed in this document will be 20590–0001. You must identify the have federalism implications under published subsequently in the Order. docket number FAA–2003–16411/ Executive Order 13132. Airspace Docket No. 03–ACE–77, at the The Direct Final Rule Procedure The FAA has determined that this beginning of your comments. You may The FAA anticipates that this regulation is noncontroversial and also submit comments on the Internet at regulation will not result in adverse or unlikely to result in adverse or negative http://dms.dot.gov. You may review the negative comment and, therefore, is comments. For the reasons discussed in public docket containing the proposal, issuing it as a direct final rule. Previous the preamble, I certify that this any comments received, and any final actions of this nature have not been regulation (1) is not a ‘‘significant disposition in person in the Dockets controversial and have not resulted in regulatory action’’ under Executive Office between 9 a.m. and 5 p.m., adverse comments or objections. Unless Order 12866; (2) is not a ‘‘significant Monday through Friday, except Federal a written adverse or negative comment, rule’’ under Department of holidays. The Docket Office (telephone or a written notice of intent to submit Transportation (DOT) Regulatory 1–800–647–5527) is on the plaza level an adverse or negative comment is Policies and Procedures (44 FR 11034, fo the Department of Transportation received within the comment period, February 26, 1979); and (3) if NASSIF Building at the above address. the regulation will become effective on promulgated, will not have a significant FOR FURTHER INFORMATION CONTACT: the date specified above. After the close economic impact, positive or negative, Kathy Randolph, Air Traffic Division, of the comment period, the FAA will on a substantial number of small entities Airspace Branch, ACE–520C, DOT publish a document in the Federal under the criteria of the Regulatory Regional Headquarters Building, Federal Register indicating that no adverse or Flexibility Act. Aviation Administration, 901 Locust, negative comments were received and List of Subjects in 14 CFR Part 71 Kansas City, MO 64106; telephone: confirming the date on which the final (816) 329–2525. rule will become effective. If the FAA Airspace, Incorporation by reference, SUPPLEMENTARY INFORMATION: This does receive, within the comment Navigation (air). amendment to 14 CFR 71 modifies the period, an adverse or negative comment, Adoption of the Amendment Class E airspace area extending upward or written notice of intent to submit from 700 feet above the surface at such a comment, a document ■ Accordingly, the Federal Aviation Johnson, KS. A review of controlled withdrawing the direct final rule will be Administration amends 14 CFR part 71 airspace at Johnson, KS revealed a published in the Federal Register, and as follows: discrepancy in the Stanton County a notice of proposed rulemaking may be Municipal Airport ARP used in the legal published with a new comment period. PART 71—DESIGNATION OF CLASS A, description for this airspace area. The CLASS B, CLASS C, CLASS D, AND review also indicates existing 700 feet Comments Invited CLASS E AIRSPACE AREAS; Above Ground Level (AGL) airspace Interested parties are invited to AIRWAYS; ROUTES; AND REPORTING does not meet criteria for diverse participate in this rulemaking by POINTS departures as specified in FAA Order submitting such written data, views, or 7400.2E, Procedures for Handling arguments, as they may desire. ■ 1. The authority citation for part 71 Airspace Matters. The criteria in FAA Comments that provide the factual basis continues to read as follows: Order 7400.2E for an aircraft to reach supporting the views and suggestions Authority: 49 U.S.C. 106(g), 40103, 40113, 1200 feet AGL is based on a standard presented are particularly helpful in 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– climb gradient of 200 feet per mile plus developing reasoned regulatory 1963 Comp., p. 389. the distance from the ARP to the end of decisions on the proposal. Comments § 71.1 [Amended] the outermost runway. Any fractional are specifically invited on the overall part of a mile is converted to the next regulatory, aeronautical, economic, ■ 2. The incorporation by reference in 14 higher tenth of a mile. The area is environmental, and energy-related CFR 71.1 of Federal Aviation enlarged to conform to the criteria in aspects of the proposal. Administration Order 7400.9L, dated FAA Order 7400.2E. This airspace area Communications should identify both September 2, 2003, and effective

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September 16, 2003, is amended as was proposed in order to add Class E Adoption of the Amendment follows: airspace sufficient in size to contain ■ In consideration of the foregoing, the Paragraph 6005 Class E airspace areas aircraft while executing two new SIAPs extending upward from 700 feet or more for the Kivalina Airport. The new Federal Aviation Administration above the surface of the earth. approaches are (1) Area Navigation- amends 14 CFR part 71 as follows: * * * * * Global Positioning System (RNAV GPS) Runway 30 original, and (2) RNAV PART 71—DESIGNATION OF CLASS A, ACE KS E5 Johnson, KS (GPS) Runway 12 original. Interested CLASS B, CLASS C, CLASS D, AND Johnson, Stanton County Municipal Airport, parties were invited to participate in CLASS E AIRSPACE AREAS; KS AIRWAYS; ROUTES; AND REPORTING ° ′ ″ ° ′ ″ this rulemaking proceeding by (Lat. 37 34 58 N., long. 101 43 58 W.) submitting written comments on the POINTS That airspace extending upward from 700 proposal to the FAA. No public feet above the surface within a 6.5-mile comments have been received, thus, the ■ 1. The authority citation for 14 CFR radius of Stanton County Municipal Airport. rule is adopted as proposed. part 71 continues to read as follows: * * * * * The area will be depicted on Authority: 49 U.S.C. 106(g), 40103, 40113, Issued in Kansas City, MO, on October 30, aeronautical charts for pilot reference. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 2003. The coordinates for this airspace docket 1963 Comp., p. 389. Paul J. Sheridan, are based on North American Datum 83. § 71.1 [Amended] Acting Manager, Air Traffic Division Central The Class E airspace areas designated as Region. 700/1200 foot transition areas are ■ 2. The incorporation by reference in 14 [FR Doc. 03–28825 Filed 11–18–03; 8:45 am] published in paragraph 6005 of FAA CFR 71.1 of Federal Aviation BILLING CODE 4910–13–M Order 7400.9L, Airspace Designations Administration Order 7400.9L, Airspace and Reporting Points, dated September Designations and Reporting Points, DEPARTMENT OF TRANSPORTATION 2, 2003, and effective September 16, dated September 2, 2003, and effective 2003, which is incorporated by September 16, 2003, is amended as Federal Aviation Administration reference in 14 CFR 71.1. The Class E follows: airspace designation listed in this * * * * * 14 CFR Part 71 document will be revoked and revised subsequently in the Order. Paragraph 6005 Class E airspace extending [Docket No. FAA–2003–15695; Airspace upward from 700 feet or more above the Docket No. 03–AAL–17] The Rule surface of the earth. Establishment of Class E Airspace; This revision to 14 CFR part 71 * * * * * Kivalina, AK establishes Class E airspace at Kivalina, AAL AK E5 Kivilina, AK [New] Alaska. This additional Class E airspace AGENCY: Kivilina Airport, AK Federal Aviation was created to accomodate aircraft Administration (FAA), DOT. (Lat. 67°44′10″ N., long. 164°33′49″ W.) executing new SIAPs and will be ACTION: Final rule. depicted on aeronautical charts for pilot That airspace extending upward from 700 feet above the surface within a 6.3-mile reference. The intended effect of this SUMMARY: This action establishes Class radius of the Kivilina Airport and that rule is to provide adequate controlled E airspace at Kivalina, AK to provide airspace extending upward from 1,200 feet adequate controlled airspace to contain airspace for IFR operations at Kivalina above the surface within an area bounded by aircraft executing two new Standard Airport, Kivalina, Alaska. 67°16′50″ N., 163°46′00″ W., to 67°12′50″ N., Instrument Approach Procedures The FAA has determined that this 163°53′00″ W., to 67°30′00″ N., 164°30′00″ (SIAP). This Rule results in new Class regulation only involves an established W., to point of beginning and that airspace E airspace upward from 700 feet (ft.) body of technical regulations for which extending upward from 1,200 feet above the and 1,200 ft. above the surface at frequent and routine amendments are surface between Federal Colored Airway Kivalina, AK. necessary to keep them operationally Blue 2 and Victor Airway V531 south of a ° ′ ″ EFFECTIVE DATE: 0901 UTC, February 19, current. It, therefore—(1) is not a line at 68 10 00 N. to the point at which B2 ° ′ ″ ° ′ ″ 2004. ‘‘significant regulatory action’’ under and V531 join at 67 19 50 N., 163 28 00 W., excluding that airspace designated for FOR FURTHER INFORMATION CONTACT: Executive Order 12866; (2) is not a Federal airways. Derril Bergt, AAL–531, Federal Aviation ‘‘significant rule’’ under DOT Administration, 222 West 7th Avenue, Regulatory Policies and Procedures (44 * * * * * Box 14, Anchorage, AK 99513–7587; FR 11034; February 26, 1979); and (3) Issued in Anchorage, AK, on October 27, telephone number (907) 271–2796; fax: does not warrant preparation of a 2003. regulatory evaluation as the anticipated (907) 271–2850; e-mail: Trent S. Cummings, [email protected]. Internet address: impact is so minimal. Since this is a Manager, Air Traffic Division, Alaskan http://www.alaska.faa.gov/at. routine matter that will only affect air traffic procedures and air navigation, it Region. SUPPLEMENTARY INFORMATION: is certified that this rule will not have [FR Doc. 03–28823 Filed 11–18–03; 8:45 am] History a significant economic impact on a BILLING CODE 4910–13–P On Tuesday, August 19, 2003, the substantial number of small entities FAA proposed to revise part 71 of the under the criteria of the Regulatory Federal Aviation Regulations (14 CFR Flexibility Act. part 71) to create new Class E airspace List of Subjects in 14 CFR Part 71 upward from 700 ft. above the surface and 1,200 ft. above the surface at Airspace, Incorporation by reference, Kivalina, AK (68 FR 49727). The action Navigation (air).

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DEPARTMENT OF TRANSPORTATION published in paragraph 6005 of FAA dated September 2, 2003, and effective Order 7400.9L, Airspace Designations September 16, 2003, is amended as Federal Aviation Administration and Reporting Points, dated September follows: 2, 2003, and effective September 16, * * * * * 14 CFR Part 71 2003, which is incorporated by reference in 14 CFR 71.1. The Class E Paragraph 6005 Class E airspace extending [Docket No. FAA–2003–15693; Airspace upward from 700 feet or more above the Docket No. 03–AAL–13] airspace designation listed in this surface of the earth. document will be revoked and revised * * * * * Establishment of Class E Airspace; subsequently in the Order. AAL AK E5 Akiak, AK [New] Akiak, AK The Rule Akiak Airport, AK AGENCY: Federal Aviation This revision to 14 CFR part 71 (Lat. 60°54′10″ N., long. 161°13′50″ W.) Administration (FAA), DOT. establishes Class E airspace at Akiak, That airspace extending upward from 700 ACTION: Final rule. Alaska. This additional Class E airspace feet above the surface within a 6.3-mile was created to accomodate aircraft radius of the Akiak Airport excluding that SUMMARY: This action establishes Class executing new SIAPs and will be airspace within the Bethel, Alaska Class E E airspace at Akiak, AK to provide depicted on aeronautical charts for pilot Airspace area. adequate controlled airspace to contain reference. The intended effect of this * * * * * aircraft executing two new Standard rule is to provide adequate controlled Instrument Approach Procedures Issued in Anchorage, AK, on October 27, airspace for IFR operations at Akiak 2003. (SIAP). This Rule results in new Class Airport, Akiak, Alaska. Trent S. Cummings, E airspace upward from 700 feet (ft.) The FAA has determined that this above the surface at Akiak, AK. regulation only involves an established Manager, Air Traffic Division, Alaskan Region. EFFECTIVE DATE: 0901 UTC, February 19, body of technical regulations for which [FR Doc. 03–28822 Filed 11–18–03; 8:45 am] 2004. frequent and routine amendments are BILLING CODE 4910–13–P FOR FURTHER INFORMATION CONTACT: necessary to keep them operationally Derril Bergt, AAL–531, Federal Aviation current. It, therefore—(1) is not a ‘‘significant regulatory action’’ under Administration, 222 West 7th Avenue, DEPARTMENT OF TRANSPORTATION Box 14, Anchorage, AK 99513–7587; Executive Order 12866; (2) is not a telephone number (907) 271–2796; fax: ‘‘significant rule’’ under DOT Federal Aviation Administration (907) 271–2850; e-mail: Regulatory Policies and Procedures (44 [email protected]. Internet address: FR 11034; February 26, 1979); and (3) 14 CFR Part 71 http://www.alaska.faa.gov/at. does not warrant preparation of a regulatory evaluation as the anticipated [Docket No. FAA–2003–15091; Airspace SUPPLEMENTARY INFORMATION: impact is so minimal. Since this is a Docket No. 03–AAL–08] History routine matter that will only affect air Establishment of Class E Airspace; On Monday, August 11, 2003, the traffic procedures and air navigation, it Kotlik, AK FAA proposed to revise part 71 of the is certified that this rule will not have Federal Aviation Regulations (14 CFR a significant economic impact on a AGENCY: Federal Aviation part 71) to create new Class E airspace substantial number of small entities Administration (FAA), DOT. upward from 700 ft. above the surface under the criteria of the Regulatory ACTION: Final rule. at Akiak, AK (68 FR 47516). The action Flexibility Act. SUMMARY: This action establishes Class was proposed in order to add Class E List of Subjects in 14 CFR Part 71 E airspace at Kotlik, AK to provide airspace sufficient in size to contain Airspace, Incorporation by reference, adequate controlled airspace to contain aircraft while executing two new SIAPs Navigation (air). aircraft executing two new Standard for the Akiak Airport. The new Instrument Approach Procedures approaches are (1) Area Navigation- Adoption of the Amendment (SIAP). This Rule results in new Class Global Positioning System (RNAV GPS) ■ E airspace upward from 700 feet (ft.) Runway 03 original, and (2) RNAV In consideration of the foregoing, the above the surface at Kotlik, AK. (GPS) Runway 21 original. New Class E Federal Aviation Administration controlled airspace extending upward amends 14 CFR part 71 as follows: EFFECTIVE DATE: 0901 UTC, February 19, 2004. from 700 feet above the surface within PART 71—DESIGNATION OF CLASS A, a 6.3-mile radius of the Akiak Airport CLASS B, CLASS C, CLASS D, AND FOR FURTHER INFORMATION CONTACT: excluding that airspace within the CLASS E AIRSPACE AREAS; Derril Bergt, AAL–531, Federal Aviation Bethel, Alaska Class E airspace area is AIRWAYS; ROUTES; AND REPORTING Administration, 222 West 7th Avenue, established by this action. Interested POINTS Box 14, Anchorage, AK 99513–7587; parties were invited to participate in telephone number (907) 271–2796; fax: this rulemaking proceeding by ■ 1. The authority citation for 14 CFR (907) 271–2850; e-mail: submitting written comments on the part 71 continues to read as follows: [email protected]. Internet address: proposal to the FAA. No public Authority: 49 U.S.C. 106(g), 40103, 40113, http://www.alaska.faa.gov/at. comments have been received, thus, the 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– SUPPLEMENTARY INFORMATION: rule is adopted as proposed. 1963 Comp., p. 389. The area will be depicted on History aeronautical charts for pilot reference. § 71.1 [Amended] On Monday, August 11, 2003, the The coordinates for this airspace docket ■ 2. The incorporation by reference in 14 FAA proposed to revise part 71 of the are based on North American Datum 83. CFR 71.1 of Federal Aviation Federal Aviation Regulations (14 CFR The Class E airspace areas designated as Administration Order 7400.9L, Airspace part 71) to create new Class E airspace 700/1200 foot transition areas are Designations and Reporting Points, upward from 700 ft. above the surface

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at Kotlik, AK (68 FR 47518). The action List of Subjects in 14 CFR Part 71 aircraft executing two new Standard was proposed in order to add Class E Airspace, Incorporation by reference, Instrument Approach Procedures airspace sufficient in size to contain Navigation (air). (SIAP). This Rule results in new Class aircraft while executing two new SIAPs E airspace upward from 700 feet (ft.) for the Kotlik/New Airport. The new Adoption of the Amendment above the surface at Chevak, AK. approaches are (1) Area Navigation- ■ In consideration of the foregoing, the EFFECTIVE DATE: 0901 UTC, February 19, Global Positioning System (RNAV GPS) Federal Aviation Administration 2004. Runway 2 original, and (2) RNAV (GPS) amends 14 CFR part 71 as follows: FOR FURTHER INFORMATION CONTACT: Runway 20 original. New Class E Derril Bergt, AAL–531, Federal Aviation controlled airspace extending upward PART 71—DESIGNATION OF CLASS A, Administration, 222 West 7th Avenue, from 700 feet above the surface within CLASS B, CLASS C, CLASS D, AND Box 14, Anchorage, AK 99513–7587; a 7.3 mile radius of the Kotlik/New CLASS E AIRSPACE AREAS; telephone number (907) 271–2796; fax: Airport is established by this action. AIRWAYS; ROUTES; AND REPORTING (907) 271–2850; e-mail: Interested parties were invited to POINTS [email protected]. Internet address: participate in this rulemaking ■ http://www.alaska.faa.gov/at . proceeding by submitting written 1. The authority citation for 14 CFR SUPPLEMENTARY INFORMATION: comments on the proposal to the FAA. part 71 continues to read as follows: No public comments have been Authority: 49 U.S.C. 106(g), 40103, 40113, History received, thus, the rule is adopted as 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. On Monday, August 11, 2003, the proposed. FAA proposed to revise part 71 of the The area will be depicted on § 71.1 [Amended] Federal Aviation Regulations (14 CFR aeronautical charts for pilot reference. ■ 2. The incorporation by reference in 14 part 71) to create new Class E airspace The coordinates for this airspace docket CFR 71.1 of Federal Aviation upward from 700 ft. above the surface are based on North American Datum 83. Administration Order 7400.9L, Airspace at Chevak, AK (68 FR 47515). The action The Class E airspace areas designated as Designations and Reporting Points, was proposed in order to add Class E 700/1200 foot transition areas are dated September 2, 2003, and effective airspace sufficient in size to contain published in paragraph 6005 of FAA September 16, 2003, is amended as aircraft while executing two new SIAPs Order 7400.9L, Airspace Designations follows: for the Chevak Airport. The new and Reporting Points, dated September approaches are (1) Area Navigation- * * * * * 2, 2003, and effective September 16, Global Positioning System (RNAV GPS) 2003, which is incorporated by Paragraph 6005 Class E airspace extending Runway 14 original, and (2) RNAV reference in 14 CFR 71.1. The Class E upward from 700 feet or more above the (GPS) Runway 32 original. New Class E airspace designation listed in this surface of the earth. controlled airspace extending upward document will be revoked and revised * * * * * from 700 feet above the surface within subsequently in the Order. AAL AK E5 Kotlik, AK [New] a 6.3-mile radius of the Chevak Airport The Rule Kotlik/New Airport, AK excluding that airspace within the ° ′ ″ ° ′ ″ Hooper Bay, Alaska Class E airspace This revision to 14 CFR part 71 (Lat. 63 01 50 N., long. 163 31 58 W.) That airspace extending upward from 700 area is established by this action. establishes Class E airspace at Kotlik, Interested parties were invited to Alaska. This additional Class E airspace feet above the surface within a 7.3-mile radius of the Kotlik/New Airport. participate in this rulemaking was created to accomodate aircraft * * * * * proceeding by submitting written executing new SIAPs and will be comments on the proposal to the FAA. depicted on aeronautical charts for pilot Issued in Anchorage, AK, on October 27, No public comments have been reference. The intended effect of this 2003. received, thus, the rule is adopted as rule is to provide adequate controlled Trent S. Cummings, proposed. airspace for IFR operations at Kotlik/ Manager, Air Traffic Division, Alaskan The area will be depicted on New Airport, Kotlik, Alaska. Region. aeronautical charts for pilot reference. The FAA has determined that this [FR Doc. 03–28821 Filed 11–18–03; 8:45 am] The coordinates for this airspace docket regulation only involves an established BILLING CODE 4910–13–P are based on North American Datum 83. body of technical regulations for which The Class E airspace areas designated as frequent and routine amendments are 700/1200 foot transition areas are necessary to keep them operationally DEPARTMENT OF TRANSPORTATION published in paragraph 6005 of FAA current. It, therefore—(1) is not a Federal Aviation Administration Order 7400.9L, Airspace Designations ‘‘significant regulatory action’’ under and Reporting Points, dated September Executive Order 12866; (2) is not a 14 CFR Part 71 2, 2003, and effective September 16, ‘‘significant rule’’ under DOT 2003, which is incorporated by Regulatory Policies and Procedures (44 [Docket No. FAA–2003–15694; Airspace reference in 14 CFR 71.1. The Class E FR 11034; February 26, 1979); and (3) Docket No. 03–AAL–12] airspace designation listed in this does not warrant preparation of a document will be revoked and revised Establishment of Class E Airspace; regulatory evaluation as the anticipated subsequently in the Order. impact is so minimal. Since this is a Chevak, AK The Rule routine matter that will only affect air AGENCY: Federal Aviation traffic procedures and air navigation, it Administration (FAA), DOT. This revision to 14 CFR part 71 is certified that this rule will not have ACTION: Final rule. establishes Class E airspace at Chevak, a significant economic impact on a Alaska. This additional Class E airspace substantial number of small entities SUMMARY: This action establishes Class was created to accomodate aircraft under the criteria of the Regulatory E airspace at Chevak, AK to provide executing new SIAPs and will be Flexibility Act. adequate controlled airspace to contain depicted on aeronautical charts for pilot

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reference. The intended effect of this airspace within the Hooper Bay, Alaska Class be submitted electronically to the extent rule is to provide adequate controlled E Airspace area. provided by section 201.8 of the airspace for IFR operations at Chevak * * * * * Commission’s rules, as amended at 67 Airport, Chevak, Alaska. Issued in Anchorage, AK, on October 27, FR 68063 (Nov. 8, 2002) and 68 FR The FAA has determined that this 2003. 32971 (June 4, 2003). regulation only involves an established Trent S. Cummings, FOR FURTHER INFORMATION CONTACT: body of technical regulations for which Manager, Air Traffic Division, Alaskan William W. Gearhart, Esq., Office of the frequent and routine amendments are Region. General Counsel, United States necessary to keep them operationally [FR Doc. 03–28820 Filed 11–18–03; 8:45 am] International Trade Commission, current. It, therefore—(1) is not a BILLING CODE 4910–13–P telephone 202–205–3091. Hearing- ‘‘significant regulatory action’’ under impaired persons are advised that Executive Order 12866; (2) is not a information on this matter can be obtained by contacting the ‘‘significant rule’’ under DOT INTERNATIONAL TRADE Commission’s TDD terminal at 202– Regulatory Policies and Procedures (44 COMMISSION FR 11034; February 26, 1979); and (3) 205–1810. General information does not warrant preparation of a 19 CFR Part 206 concerning the Commission also may be regulatory evaluation as the anticipated obtained by accessing its Internet server, impact is so minimal. Since this a Investigations Relating to Global and http://www.usitc.gov. routine matter that will only affect air Bilateral Safeguard Actions, Market SUPPLEMENTARY INFORMATION: The traffic procedures and air navigation, it Disruption, Trade Diversion, and preamble below is designed to assist is certified that this rule will not have Review of Relief Actions readers in understanding the interim a significant economic impact on a amendments the Commission is making AGENCY: International Trade substantial number of small entities to its Rules of Practice and Procedure in Commission. under the criteria of the Regulatory part 206. The preamble begins with a Flexibility Act. ACTION: Interim rules with request for discussion of the background of the comments. rulemaking, then explains why an List of Subjects in 14 CFR Part 71 interim rulemaking procedure was SUMMARY: The United States adopted, provides a section-by-section Airspace, Incorporation by reference, International Trade Commission analysis of the interim amendments, Navigation (air). (Commission) amends its interim Rules and ends with a regulatory analysis of Practice and Procedure for Adoption of the Amendment addressing government-wide statutes investigations relating to alleged market and issuances on rulemaking. The ■ disruption from imports from China. In consideration of the foregoing, the Commission encourages members of the These amendments are necessary to Federal Aviation Administration public to comment—in addition to any respond to exigencies created by amends 14 CFR part 71 as follows: other comments they wish to make statutory time constraints and to address regarding the amendments—on whether PART 71— DESIGNATION OF CLASS concerns created by the existing rules. the amendments are in language that is A, CLASS B, CLASS C, CLASS D, AND The intended effect of the amendments sufficiently plain for users of the rules CLASS E AIRSPACE AREAS; is to resolve concerns created by the to understand. AIRWAYS; ROUTES; AND REPORTING existing rules, codify actual Commission POINTS practice, and provide consistency in and Background greater transparency regarding the Section 421(b) of the Trade Act of ■ 1. The authority citation for 14 CFR subject Commission investigations. 1974, as amended, requires the part 71 continues to read as follows: DATES: Effective Date: These Commission to investigate, in specified Authority: 49 U.S.C. 106(g), 40103, 40113, amendments are effective as of circumstances, ‘‘to determine whether 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– November 19, 2003, but do not apply to products of the People’s Republic of 1963 Comp., p. 389. petitions filed on or before the effective China are being imported into the § 71.1 [Amended] date or to investigations in progress as United States in such increased of the effective date. quantities or under such conditions as ■ 2. The incorporation by reference in 14 Comment Date: The deadline for filing to cause or threaten to cause market CFR 71.1 of Federal Aviation written comments on the amendments disruption to the domestic producers of Administration Order 7400.9L, Airspace is 5:15 p.m. on January 20, 2004. The like or directly competitive products.’’ Designations and Reporting Points, comments must arrive at the address The circumstances that mandate the dated September 2, 2003, and effective listed below by that deadline in order to initiation of an investigation include the September 16, 2003, is amended as receive consideration by the filing of a petition by an entity, follows: Commission and its staff. See sections including a trade association, firm, * * * * * 201.3 and 201.8 of the Commission’s certified or recognized union, or group Rules of Practice and Procedure (19 CFR of workers, which is representative of an Paragraph 6005 Class E airspace extending 201.3 and 201.8). industry. upward from 700 feet or more above the ADDRESSES: surface of the earth. A signed original and 3 Public Law 106–286, 114 Stat. 880, copies of each set of comments on these which added section 421 to the Trade * * * * * amendments to the Commission’s rules, Act, was signed by the President on AAL AK E5 Chevak, AK [New] along with a cover letter, should be October 10, 2000. The Commission Chevak Airport, AK submitted by mail or hand-delivery to promulgated interim rules for petitions (Lat. 61°31′01″ N., long. 165°35′01″ W.) Marilyn R. Abbott, Secretary, United and investigations under section 421, That airspace extending upward from 700 States International Trade Commission, which are set forth in part 206, subparts feet above the surface within a 6.3-mile 500 E Street, SW., Room 112, A and E, of the Commission’s Rules of radius of the Chevak Airport excluding that Washington, DC 20436. Comments may Practice and Procedure. See 67 FR 8183

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(Feb. 22, 2002) and 67 FR 38614 (June rules of agency organization, procedure publication requirement and the agency 5, 2002). or practice; or (2) the agency for good publishes that finding along with the The Commission has completed three cause finds that notice and public rules. The Commission finds that the such investigations to date. See 68 FR comment on the rules are impracticable, facts and circumstances described above 48938 (Aug. 15, 2003), 68 FR 8926 (Feb. unnecessary, or contrary to the public also constitute good cause for the 26, 2003), and 67 FR 69557 (Nov. 18, interest, and the agency incorporates purpose of invoking that exemption. 2002). A fourth investigation is in that finding and the reasons therefor The Commission recognizes that progress. See 68 FR 54010 (Sept. 15, into the rules adopted by the agency. interim amendments to the rules should 2003). Each investigation was initiated In this instance, the Commission has not respond to anything more than the in response to a petition. The determined that the requisite exigencies created by the aforesaid facts Commission’s experiences with those circumstances exist for dispensing with and circumstances. Each amendment set petitions and investigations have led it the notice, comment, and advance forth in this notice accordingly does one to conclude that provisions of the publication procedure that ordinarily or more of the following: (1) Addresses interim rules should be revised without precedes the adoption of Commission a concern regarding the existing rule delay. rules. For purposes of invoking the specifying the required content of a section 553(b) exemption from The Procedure for Adopting the Interim petition under section 421(b) of the publishing a notice of proposed Amendments Trade Act; (2) provides clarity about the rulemaking that solicits public petitioner’s obligation to serve copies of The Commission ordinarily comment, the Commission finds that the the petition on other parties to the promulgates amendments to the Code of interim amendments to part 206 are investigation, the appropriate content of Federal Regulations in accordance with ‘‘agency rules of procedure and written comments filed after submission the rulemaking procedure in section 553 practice.’’ of the post-hearing briefs, and the of the Administrative Procedure Act In light of the statutory time closing of the investigative record; or (3) (APA) (5 U.S.C. 553). That procedure constraints for an investigation under resolves a matter not adequately entails publishing a notice of proposed section 421(b), the petitioner and the addressed in the current rules, such as rulemaking in the Federal Register that petition must serve as primary sources the deadline for the petitioner to serve solicits public comment on the of information in each investigation copies of the petition on other parties to proposed amendments, considering the based on a petition. The current rules do the investigation following notification public comments in deciding on the not require the petition to provide by the Secretary to the Commission of final content of the amendments, and certain information that is critical for acceptance of an administrative publishing the final amendments at the commencement of key investigative protective order application or issuance least 30 days prior to their effective activity such as the preparation and of a service list and amendment thereto. date. In this instance, however, the issuance of Commission questionnaires The Commission will replace the Commission is amending its rules in 19 and the verification of allegations set interim rules in part 206 with final rules CFR part 206 on an interim basis, forth in the petition. As a result, the promulgated in accordance with the effective upon publication of this notice issuance of questionnaires and the notice, comment, and advance in the Federal Register. verification process have been delayed publication procedure prescribed in The Commission’s authority to adopt and petitioners have been forced to section 553 of the APA after taking into interim amendments without following compile and provide the necessary account (1) all comments received in all steps listed in section 553 of the APA information on an expedited basis after response to the interim rules as is derived from section 335 of the Tariff the petition was filed and the statutory originally adopted (see 67 FR 8183), (2) Act of 1930 (19 U.S.C. 1335) and section period for completing the investigation any comments received in response to 553 of the APA. had begun to run. the amendments set forth in this notice, Section 335 of the Tariff Act Experience also has shown that there and (3) the experience acquired in all authorizes the Commission to adopt is a need for greater clarity regarding (1) investigations under section 421(b) that such reasonable procedures, rules, and the petitioner’s service of public and/or are conducted prior to commencement regulations as it deems necessary to nonconfidential copies of the petition of the APA procedure for final carry out its functions and duties. The on other parties to the investigation, (2) rulemaking. Commission has determined that the limitations on the content of written need for interim rulemaking is clear in comments filed by parties following Section-by-Section Analysis of the this instance. Section 421 of the Trade submission of their post-hearing briefs, Interim Amendments Act requires the Commission to evaluate and (3) the closing of the investigative Section 206.44 the petition, institute the requested record. investigation, conduct a hearing, The facts and circumstances Paragraphs (a)–(i) of section 206.44 compile an investigative record, and described above make it necessary for list the required content of a petition for make the required determination(s) in the Commission to amend the existing an investigation under section 421(b)(1) each investigation ‘‘at the earliest rules without delay. Hence, it would be of the Act. The Commission amends practicable time’’ but no later than the impracticable for the Commission to section 206.44 by making substantive prescribed deadline. Rulemaking is publish a notice of proposed and/or technical revisions to existing essential for orderly administration and rulemaking, and to consider any paragraphs (a), (c), (j), and (i) and compliance with the duties, comments received in response to the adding a new paragraph (j). responsibilities, and deadlines imposed notice, prior to making the necessary Paragraph (a). Paragraph (a) of section by section 421. rule changes. 206.44 imposes the basic requirement Section 553(b) of the APA allows an Section 553(d)(3) of the APA allows that the petition must provide specific agency to dispense with publication of an agency to dispense with the information to support the claim that a notice of proposed rulemaking when publication of notice of final rules at products of the People’s Republic of the following circumstances exist: (1) least thirty days prior to their effective China are being imported into the The rules in question are interpretive date if the agency finds that good cause United States in such increased rules, general statements of policy, or exists for not meeting the advance quantities or under such conditions as

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to cause or threaten to cause market petitioner. Requiring the aforesaid The new paragraph (j) also includes a disruption to the domestic producers of information to be set forth in the paragraph (j)(4) that requires the like or directly competitive products. petition will expedite the Commission’s petition to furnish information to Paragraph (a) also states that each gathering of information and relieve the support each allegation of a lost sale or petition should provide the information petitioner from having to provide it on lost revenue. The required supporting specified in paragraphs (a) through (i)— an expedited basis after the petition is information includes the date, value, i.e., a product description and filed. and product quantity of each such information about representativeness, New Paragraph (j). Much of the alleged loss. It also includes the name imports, domestic production, injury or information that will be critical in of the company that lost the sale, the threat of injury, cause of injury, critical helping the Commission make the name of the customer involved, and the circumstances, the relief sought and the required determination(s) in an name of the company that captured the purpose thereof—to the extent that such investigation under section 421(b)(1) of sale or whose competition resulted in information is reasonably available to the Trade Act is obtained from the lost revenue, and company the petitioner with due diligence. responses to Commission addresses, contact persons, and The Commission redesignates the questionnaires. The Commission seeks telephone numbers. The Commission current paragraph (a) as paragraph to issue the questionnaires as believes that requiring the petition to (a)(1). The Commission adds a new expeditiously as possible. However, provide such information will facilitate paragraph (a)(2) that requires an Commission staff cannot complete the staff verification of the allegation and additional certification if the petition drafting of questionnaires or mail them will relieve the petitioner of the burden fails to include any data or information until it has compiled certain of having to furnish the information on that is required by a provision of section information about the subject products a expedited basis after the petition is 206.44 that applies to a petition for an and the names and addresses of filed. investigation under section 421(b)(1) of domestic and foreign producers, Current Paragraph (j). Having the Act. In such a case, the new importers, and purchasers believed to amended section 206.44 by adding a paragraph (a)(2) will require the petition have information relevant to the new paragraph (j) as discussed above, to include a certification that the investigation. Section 206.44 does not the Commission redesignates the missing information was not reasonably currently require the petition to provide current paragraph (j) as paragraph (k). available to the petitioner. The such information. The Creation of a New Section 206.44a Commission intends for the additional The Commission accordingly adds a certification to impress upon each new paragraph (j) to section 206.44. The Commission further amends Part petitioner the importance of exercising Paragraph (j)(1) requires the petition to 206 of its Rules of Practice and due diligence to compile and submit the include the name, address, and Procedure by adding a new section information specified in section 206.44 telephone number of each U.S. importer 206.44a to establish special rules for to the extent that the information is and producer in China of the products investigations under section 421(b) of reasonably available to the petitioner. under investigation. Paragraph (j)(3) the Trade Act. The Commission also amends requires the petition to furnish the Paragraph (a) of the new section paragraph (a) of section 206.44 to make name, address, primary contact person, 206.44a addresses the petitioner’s technical revisions. Paragraph (a) and telephone number for each of the 10 obligation to serve confidential and/or contains two references to ‘‘paragraphs largest purchasers of each domestic public copies of the petition on other (b)–(i).’’ Because the Commission is producer represented in, or that parties to the investigation and provides adding a new paragraph (j) to section employs or formerly employed workers for earlier service of the petition. The 206.44 (as discussed below), the represented in, the petition. The Commission intends for paragraph (a) to Commission changes the reference from Commission believes that the provide clarity about a matter not ‘‘paragraphs (b)–(i)’’ to ‘‘paragraphs (b)– information required by paragraphs adequately addressed in the current (j).’’ (j)(1) and (j)(3) should be readily rules, namely the deadline for the Paragraph (c). A petition for an available to petitioner(s) from its (their) petitioner to serve copies of the petition investigation under section 421(b)(1) of own records, public sources, or other on other parties to the investigation the Act must be filed by an entity sources. following notification by the Secretary described in 19 U.S.C. 2252(a)—that is, New paragraph (j) of section 206.44 of approval of an application for an entity, including a trade association, includes a paragraph (j)(2) that requires disclosure under an administrative firm, certified or recognized union, or the petition to provide a detailed protective order, before establishment of group of workers, which is description of each product for which a service list; the deadline for such representative of an industry. To enable the petitioner wants the Commission to service upon notification of the the investigative staff to promptly verify seek pricing information in its establishment of a service list; and the the information that the petition questionnaires and an explanation of deadline for such service upon provides to comply with paragraph (c) why the petitioner believes the notification of an amendment of the of section 206.44, the Commission Commission should collect pricing service list. revises paragraph (c)(1) to require the information for that product. Paragraph (b) of the new section petition to include the name and The Commission believes that having 206.44a addresses the submission of telephone number of a contact person the information specified in paragraphs written comments by parties after for each producer that is represented in (j)(1), (j)(2), and (j)(3) should enable the submission of their post-hearing briefs. the petition or that employs or investigative staff to prepare and mail The Commission adopts this paragraph previously employed workers the Commission questionnaires to provide greater clarity on the issue of represented in the petition. The sooner—which, in turn, would give the when the record closes. The Commission also revises paragraph recipients more time to respond and Commission also intends for paragraph (c)(3) to require the petition to provide give the staff, the Commission, and (b) to have the effect of preventing the the name and telephone number of a authorized representatives of parties to recurrence of a problem that occurred in contact person for each other producer the investigation more time to evaluate a recently completed investigation, of the domestic product known to the the responses. namely, a party’s inclusion of new

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information in written comments costs or prices for consumers, List of Subjects in 19 CFR Part 206 submitted after the post-hearing briefs individual industries, Federal, State, or Administrative practice and were filed. Paragraph (b) is similar to local government agencies, or procedure, investigations. section 207.30(b) of the Commission’s geographic regions, or (3) significant ■ For the reasons stated in the preamble, Rules of Practice and Procedure (19 CFR adverse effects on competition, the Commission amends 19 CFR part 206 207.30(b)), which governs parties’ employment, investment, productivity, as follows: written comments on new information innovation, or on the ability of United during the final phase of a States-based enterprises to compete PART 206—INVESTIGATIONS countervailing duty investigation or an with foreign-based enterprises in RELATING TO GLOBAL AND antidumping duty investigation under domestic or foreign markets. BILATERAL SAFEGUARD ACTIONS, Title VII of the Tariff Act of 1930. The Accordingly, no regulatory impact MARKET DISRUPTION, AND REVIEW Commission intends for paragraph (b) of assessment is required. OF RELIEF ACTIONS the new section 206.44a to make it clear that a party to an investigation under Executive Order 13132 ■ 1. The authority citation for part 206 section 421(b) of the Trade Act should continues to read as follows: The interim amendments to part 206 not include new information in of the Commission’s rules do not Authority: 19 U.S.C. 1335, 2251–2254, comments filed after the submission of contain federalism implications 2451–2451a, 3351–3382; secs. 103, 301–302, its post-hearing brief, unless the Pub. L. 103–465, 108 Stat. 4809. warranting the preparation of a Commission grants the party leave to do ■ 2. Amend § 206.44 by revising so. Federalism Assessment pursuant to Executive Order 13132 (64 FR 43255, paragraph (a), revising paragraphs (c)(1) Regulatory Analysis Aug. 4, 1999). and (c)(3), re-designating paragraph (j) as paragraph (k), and adding a new The Regulatory Flexibility Act The Unfunded Mandates Reform Act of paragraph (j), to read as follows: 1995 The Commission notes that the § 206.44 Contents of a petition under Regulatory Flexibility Act (5 U.S.C. 601 section 421(b) or (o) of the Trade Act. et seq.) is inapplicable to this The interim amendments to part 206 (a) Petitions under section 421(b). (1) rulemaking because it is not one for of the Commission’s rules will not result A petition for relief under section 421(b) which a notice of proposed rulemaking in the expenditure by State, local, and of the Trade Act shall provide specific is required under section 553(b) of the tribal governments, in the aggregate, or information in support of the claim that APA. (See the discussion above by the private sector, of $100,000,000 or products of the People’s Republic of concerning the procedure for adopting more in any one year, and will not China are being imported into the the interim amendments.) significantly or uniquely affect small Even if the Regulatory Flexibility Act governments. Therefore, no actions are United States in such increased applied, the Commission’s interim deemed necessary under the provisions quantities or under such conditions as amendments to part 206 are not likely of the Unfunded Mandates Reform Act to cause or threaten to cause market to affect small entities in the manner of 1995 (2 U.S.C. 1501 et seq.). disruption to the domestic producers of that the Act is intended to prevent. The like or directly competitive products. In The Small Business Regulatory addition, such petition shall include the interim amendments are agency rules of Enforcement Fairness Act of 1996 procedure and practice. Some information described in paragraphs (b) procedures codified in the amendments through (j) of this section. The petition The interim amendments to part 206 shall provide the information required are the same as or substantially similar of the Commission’s rules are not major to procedures codified in existing rules by this paragraph and paragraphs (b) rules as defined by section 804 of the through (j) of this section to the extent for other types of investigations. Small Business Regulatory Enforcement Moreover, the Commission has no that such information is reasonably Fairness Act of 1996 (5 U.S.C. 801 et available to the petitioner with due reason to believe, at this point, that a seq.). The interim amendments will not large number of the petitioners will be diligence. result in an annual effect on the (2) If the petition fails to provide any small entities. For those reasons, the economy of $100,000,000 or more; a item of information specified in Commission certifies, pursuant to 5 major increase in costs or prices; or paragraphs (b) through (j) of this section, U.S.C. 605(b), that the interim rule significant adverse effects on the petition shall include a certification amendments in this notice will not have competition, employment, investment, that such information was not a significant economic impact on a productivity, innovation, or on the reasonably available to the petitioner. substantial number of small entities. ability of United States-based * * * * * Executive Order 12866 companies to compete with foreign- (c) Representativeness. Each petition The Commission has determined that based companies in domestic and shall include: the interim amendments to part 206 do export markets. (1) The names and street addresses of not meet the criteria described in The Contract With America the firms represented in the petition section 3(f) of Executive Order 12866 Advancement Act of 1996 and/or the firms employing or (58 FR 51735, Oct. 4, 1993) and thus do previously employing the workers not constitute a significant regulatory The interim amendments to part 206 represented in the petition, the locations action for purposes of the Executive of the Commission’s rules are exempt of the establishments in which each Order. As noted, they merely respond to from the reporting requirements of the such firm produces the domestic exigencies created by the statutory time Contract With America Advancement product, and the telephone number and constraints and concerns created by the Act of 1996 (Pub. L. 104–121) because contact person(s) for each such firm; existing rules. The interim amendments they concern rules of agency procedure * * * * * to part 206 will not result in (1) an or practice that do not substantially (3) The names and street addresses of annual effect on the economy of $100 affect the rights or obligations of non- all other producers of the domestic million or more, (2) a major increase in agency parties. product known to the petitioner, and

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the telephone number and contact that have not been served pursuant to DEPARTMENT OF HEALTH AND person(s) for each such producer. paragraph (a)(1)(i) of this section within HUMAN SERVICES (j) Additional information. The 2 calendar days of the establishment petition shall include: and issuance of the Secretary’s list. Food and Drug Administration (1) The names of all U.S. importers and all producers in China of the subject (2) As the Secretary adds new 21 CFR Part 522 merchandise known to petitioner, and authorized applicants to the service list the street address, telephone and fax described in paragraph (a)(1) of this Implantation or Injectable Dosage number, and primary contact person(s) section, the Secretary shall notify the Form New Animal Drugs; for each such importer and producer in petitioner and issue an amended list, Dexamethasone Injection China; and the petitioner shall serve new lead AGENCY: Food and Drug Administration, (2) A detailed description of each authorized applicants with a copy of the HHS. product for which the petitioner petition in the same manner as under ACTION: requests the Commission to seek pricing paragraph (a)(1)(i) of this section. Final rule. information in its questionnaires, and (3) The petitioner shall serve a copy SUMMARY: The Food and Drug an explanation of why the petitioner of the non-confidential version of the Administration (FDA) is amending the believes the Commission should collect petition on those persons enumerated animal drug regulations to reflect pricing information for each such on the list established by the Secretary approval of an abbreviated new animal product; pursuant to § 201.11(d) of this chapter drug application (ANADA) filed by (3) For each domestic producer Cross Vetpharm Group, Ltd. The represented by petitioner, the company within 2 calendar days of the establishment and issuance of the ANADA provides for the veterinary names of its 10 largest purchasers, and prescription use of dexamethasone the street address, telephone number, Secretary’s list, and on any additional persons within 2 calendar days of injectable solution in dogs, cats, cattle, and primary contact person(s) for each and horses. such purchaser; receiving notification from the Secretary DATES: (4) For each allegation of lost sales of an amended list. This rule is effective November 19, 2003. and/or lost revenues, supporting (4) The petitioner shall attest service information with regard to each such FOR FURTHER INFORMATION CONTACT: of the petition by filing a certificate of Lonnie W. Luther, Center for Veterinary alleged loss, including the name of the service with the Commission. company represented by petitioner that Medicine (HFV–104), Food and Drug lost the sale or revenue, the name of the (b) Comment on information. The Administration, 7519 Standish Pl., company that captured the sale or parties shall have an opportunity to file Rockville, MD 20855, 301–827–8549, e- whose competition resulted in lost comments on any information disclosed mail: [email protected]. revenue (including company street to them after they have filed their SUPPLEMENTARY INFORMATION: Cross address, company contact person, and posthearing brief. Comments shall Vetpharm Group Ltd., Broomhill Rd., telephone and fax numbers for each concern only such information, and Tallaght, Dublin 24, Ireland, filed contact person), the date and total value shall not exceed 15 pages of textual ANADA 200–312 that provides for use of the lost sale or lost revenue, and the material, double-spaced and on single- of DEXIUM (dexamethasone) Solution total quantity of product involved (by sided stationery measuring 81⁄2 x 11 for the treatment of primary bovine weight or number of units). inches. A comment may address the ketosis and as an anti-inflammatory (k) Petitions under section 421(o). accuracy, reliability, or probative value agent in dogs, cats, cattle, and horses. * * * * * of such information by reference to Cross Vetpharm Group’s DEXIUM ■ 2. Amend part 206 by adding § 206.44a information elsewhere in the record, in Solution is approved as a generic copy to read as follows: which case the comment shall identify of Schering-Plough Animal Health’s where in the record such information is AZIUM Solution 2 milligrams, approved § 206.44a Special rules for conducting under NADA 12–559. The ANADA is found. New factual information and investigations under section 421(b) of the approved as of October 20, 2003, and arguments based on that information Trade Act. the regulations are amended in 21 CFR shall be disregarded. The date on which (a) Service of the petition. (1)(i) The 522.540 to reflect the approval. The Secretary shall promptly notify a such comments must be filed will be basis of approval is discussed in the petitioner when, before the specified by the Commission when it freedom of information summary. establishment of a service list under specifies the time that information will In accordance with the freedom of § 206.17(a)(4) of this part, he or she be disclosed. The record shall close on information provisions of 21 CFR part approves an application under the date such comments are due, except 20 and 21 CFR 514.11(e)(2)(ii), a § 206.17(a)(2) of this part pursuant to with respect to changes in bracketing of summary of safety and effectiveness § 206.47. When practicable, this confidential business information data and information submitted to notification shall be made by facsimile permitted by § 206.8(c) of this part. support approval of this application transmission. The petitioner shall then Issued: November 13, 2003. may be seen in the Division of Dockets serve a copy of the petition, including Management (HFA–305), Food and Drug By Order of the Commission. all confidential business information, on Administration, 5630 Fishers Lane, rm. the approved lead authorized applicants Marilyn R. Abbott, 1061, Rockville, MD 20852, between 9 in accord with § 206.17(f) within 2 Secretary to the Commission. a.m. and 4 p.m., Monday through calendar days of the time notification is [FR Doc. 03–28879 Filed 11–18–03; 8:45 am] Friday. made by the Secretary. BILLING CODE 7020–02–P The agency has determined under 21 (ii) Upon establishment and issuance CFR 25.33(a)(1) that this action is of a of the service list, the petitioner shall type that does not individually or serve the lead authorized applicants cumulatively have a significant effect on enumerated on the list established by the human environment. Therefore, the Secretary pursuant to § 206.17(a)(4) neither an environmental assessment

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nor an environmental impact statement community within, rather than outside, Immigration and Naturalization Service) is required. the United States upon release. is responsible for informing us when an This rule does not meet the definition DATES: This rule is effective December inmate/detainee’s designated country of of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 19, 2003. removal will not accept his/her return. it is a rule of ‘‘particular applicability.’’ ADDRESSES: Rules Unit, Office of In these regulations, we revised the Therefore, it is not subject to the General Counsel, Bureau of Prisons, 320 occupational education application congressional review requirements in 5 First Street, NW., Washington, DC procedures consistent with our revised U.S.C. 801–808. 20534. procedures for postsecondary education programs (see our proposed rule List of Subject in 21 CFR Part 522 FOR FURTHER INFORMATION CONTACT: published on July 17, 2000 at 65 FR Animal drugs. Sarah Qureshi, Office of General 44399). We also reorganized the ■ Therefore, under the Federal Food, Counsel, Bureau of Prisons, phone (202) provisions to remove obsolete or Drug, and Cosmetic Act and under 307–2105 e-mail [email protected]. redundant provisions and improve authority delegated to the Commissioner SUPPLEMENTARY INFORMATION: The clarity. of Food and Drugs and redelegated to the Bureau published this rule change as a Executive Order 12866 Center for Veterinary Medicine, 21 CFR proposed rule on July 17, 2000 (65 FR part 522 is amended as follows: 44401). We received no comments on The Office of Management and Budget the proposed rule. (OMB) determined that certain rules are PART 522—IMPLANTATION OR What Will This Rule Change Do? part of a category of actions which are INJECTABLE DOSAGE FORM NEW not ‘‘significant regulatory actions’’ ANIMAL DRUGS This rule change revises our under section 3(f) of Executive Order regulations on occupational education 12866. Because this rule falls within ■ 1. The authority citation for 21 CFR programs to allow inmates currently that category, OMB did not review it. part 522 continues to read as follows: under an order of deportation, Executive Order 13132 Authority: 21 U.S.C. 360b. exclusion, or removal, to participate in Bureau occupational education This regulation will not have § 522.540 [Amended] programs if Bureau resources are substantial direct effects on the States, ■ 2. Section 522.540 Dexamethasone available after participation by inmates on the relationship between the national injection is amended in paragraph who will be released within the United government and the States, or on (a)(2)(i) by removing ‘‘and 059130’’ and States. This rule change also removes distribution of power and by adding in its place ‘‘, 059130, and obsolete or redundant provisions. responsibilities among the various 061623’’. The proposed rule which we levels of government. Under Executive published on July 17, 2000, would have Dated: November 3, 2003. Order 13132, this rule does not have excluded inmates under orders of sufficient federalism implications for Stephen F. Sundlof, deportation, exclusion or removal from Director, Center for Veterinary Medicine. which we would prepare a Federalism participation in Bureau occupational Assessment. [FR Doc. 03–28872 Filed 11–18–03; 8:45 am] education programs. However, after BILLING CODE 4160–01–S internal deliberation, the Bureau has Regulatory Flexibility Act determined that there is a less restrictive The Director of the Bureau of Prisons, alternative to excluding such inmates under the Regulatory Flexibility Act (5 DEPARTMENT OF JUSTICE from participation: We will instead U.S.C. 605(b)), reviewed this regulation. allow participation by such inmates if By approving it, the Director certifies Bureau of Prisons Bureau resources are available after that it will not have a significant participation by inmates who will be economic impact upon a substantial 28 CFR Part 544 released within the United States. number of small entities because: This [BOP–1096–F] In limiting participation by inmates rule is about the correctional under an order of deportation, removal, management of offenders committed to RIN 1120–AA92 or exclusion from consideration, we the custody of the Attorney General or Occupational Education Programs intend to help ensure that available the Director of the Bureau of Prisons, educational opportunities for and its economic impact is limited to AGENCY: Bureau of Prisons, Justice. occupational training ordinarily will be the Bureau’s appropriated funds. ACTION: Final rule. allocated to inmates who will be returning to the community within, Unfunded Mandates Reform Act of SUMMARY: In this document, the Bureau rather than outside, the United States 1995 of Prisons (Bureau) amends its upon release. This rule will not cause State, local regulations on occupational education Under these rules, regardless of and tribal governments, or the private programs to allow inmates currently availability of resources, we may sector, to spend $100,000,000 or more in under an order of deportation, consider an inmate or detainee currently any one year, and it will not exclusion, or removal, to participate in under an order of deportation, significantly or uniquely affect small Bureau occupational education exclusion, or removal for placement in governments. We do not need to take programs if Bureau resources are an occupational education program if action under the Unfunded Mandates available after participation by inmates the Attorney General determines that Reform Act of 1995. who will be released within the United the inmate or detainee cannot be States. This rule also removes obsolete removed from the United States because Small Business Regulatory Enforcement or redundant provisions. We intend this the designated country of removal will Fairness Act of 1996 amendment to help ensure that we not accept his/her return. This rule is not a major rule as allocate available educational Under internal agency procedures, the defined by § 804 of the Small Business opportunities for occupational training Bureau of Immigration and Customs Regulatory Enforcement Fairness Act of to inmates who will be returning to the Enforcement (BICE, formerly the 1996. This rule will not result in an

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annual effect on the economy of removal may participate in an postsecondary education programs $100,000,000 or more; a major increase institution’s occupational education courses offered as part of an in costs or prices; or significant adverse program if Bureau resources permit after occupational education program. effects on competition, employment, meeting the needs of other eligible Occupational education programs are investment, productivity, innovation, or inmates. covered in separate Bureau regulations. on the ability of United States-based (2) Inmates under orders of DATES: This rule is effective December companies to compete with foreign- deportation, exclusion, or removal who 19, 2003. based companies in domestic and the Attorney General has determined ADDRESSES: Rules Unit, Office of export markets. cannot be removed from the United General Counsel, Bureau of Prisons, 320 States because the designated country of List of Subjects in 28 CFR Part 544 First Street, NW., Washington, DC removal will not accept the inmate’s 20534. Prisoners. return are exempted from the limitation FOR FURTHER INFORMATION CONTACT: Harley G. Lappin, in paragraph (b)(1) of this section, and may participate in an institution’s Sarah Qureshi, Office of General Director, Bureau of Prisons. occupational education in the same Counsel, Bureau of Prisons, phone (202) ■ Under the rulemaking authority vested manner as other eligible inmates. 307–2105. in the Attorney General in 5 U.S.C. SUPPLEMENTARY INFORMATION: In this 552(a) and delegated to the Director, § 544.52 Levels of Occupational Education document, the Bureau amends its Bureau of Prisons, we amend 28 CFR part Programs. regulations on postsecondary education 544 as follows. Occupational education programs are programs to exclude courses offered as SUBCHAPTER C—INSTITUTIONAL offered at the certificate level and the part of an occupational education MANAGEMENT classroom level. Each level may include program, which we cover in separate the following types of training: Bureau regulations. PART 544—EDUCATION (a) Exploratory Training. Exploratory Under this final rule, the inmate is training is a study of occupations and responsible for paying postsecondary ■ 1. Revise the authority citation for 28 industries for the purpose of providing education tuition costs either through CFR part 544 to read as follows: the student with a general knowledge of personal funds, community resources, Authority: 5 U.S.C. 301; 18 U.S.C. 3621, the occupation and the world of work, or scholarships available to the inmate. 3622, 3624, 4001, 4042, 4081, 4082 (Repealed rather than specific skill development. We intend this amendment to simplify in part as to offenses committed on or after (b) Marketable Training. Marketable the organization of the Bureau’s November 1, 1987), 5006–5024 (Repealed training provides specific entry-level or regulations and to conform with the October 12, 1984 as to offenses committed advanced job skills. Marketable training usual community standards of after that date), 5039; 28 U.S.C. 509, 510. may include ‘‘live work’’, that is, the government-funded educational ■ 2. Subpart F is revised to read as training would result in a product or opportunities available to the general follows: service produced by the inmate for public. actual use by the institution, FPI, We published this rule change as a Subpart F—Occupational Education proposed rule on July 17, 2000 (65 FR Programs another federal agency, or community service project. 44400). We received two comments on Sec. (c) Apprentice Training. Apprentice the proposed rule. 544.50 Purpose and scope. 544.51 Procedures. training provides an inmate the First Public Comment opportunity to participate in training 544.52 Levels of Occupational Education One commenter proposed that we Programs. which prepares the inmate for employment in various trades through include brief language in our rule to Subpart F—Occupational Education structured apprenticeship programs allow staff to use the postsecondary Programs approved at the state and national levels education programs as a sign of positive by the Bureau of Apprenticeship and adjustment by an inmate, favorably § 544.50 Purpose and scope. Training, U.S. Department of Labor. affecting the custody score on our The Bureau of Prisons offers eligible Custody Classification Form. inmates the opportunity under its [FR Doc. 03–28853 Filed 11–18–03; 8:45 am] The Bureau uses the Custody occupational education programs to BILLING CODE 4410–05–P Classification Form to accurately participate in occupational education evaluate and classify an inmate so that courses for the purpose of obtaining we can give the inmate an appropriate DEPARTMENT OF JUSTICE marketable skills designed to enhance security level. The Bureau must properly determine an inmate’s security post-release employment opportunities. Bureau of Prisons level to ensure the safety and security of § 544.51 Procedures. the inmate and the institution. (a) Eligibility. All inmates are eligible 28 CFR Part 544 The Custody Classification Form that to participate in an institution’s [BOP–1019–F] the commenter refers to is made up of occupational education program. An many factors that staff can use to eligible inmate must apply through the RIN 1120–AA25 evaluate the inmate. One of these factors inmate’s unit team for placement Postsecondary Education Programs is called ‘‘Responsibility consideration. The unit team will Demonstrated.’’ To illustrate an inmate’s determine whether the occupational AGENCY: Bureau of Prisons, Justice. level of responsibility, we instruct our education course is appropriate for the ACTION: Final rule. staff to consider the inmate’s general inmate’s apparent needs. demeanor as reflected in peer group (b) Special considerations for inmates SUMMARY: The Bureau of Prisons associates, degree of program under orders of deportation, exclusion, (Bureau) finalizes, without change, a involvement, level of dependability, and or removal: (1) Generally, inmates under proposed rule it published on July 17, nature of interaction with staff and other orders of deportation, exclusion, or 2000, at 65 FR 44400 to exclude from inmates.

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Although staff determine what reviewed by the Office of Management SUBCHAPTER C—INSTITUTIONAL behavior illustrates the inmate’s level of and Budget. MANAGEMENT responsibility, postsecondary education Executive Order 13132 programs are not excluded. Under PART 544—EDUCATION current Bureau policy, staff may use This regulation will not have ■ 1. Revise the authority citation for 28 postsecondary education programs as a substantial direct effects on the States, CFR part 544 to read as follows: sign of positive adjustment by an on the relationship between the national inmate, as the commenter suggests. government and the States, or on Authority: 5 U.S.C. 301; 18 U.S.C. 3621, Because our current policy already 3622, 3624, 4001, 4042, 4081, 4082 (Repealed distribution of power and in part as to offenses committed on or after allows for the commenter’s suggestion, responsibilities among the various November 1, 1987), 5006–5024 (Repealed and because this is a matter of internal levels of government. Under Executive October 12, 1984 as to offenses committed agency administration, we do not add Order 13132, this rule does not have after that date), 5039; 28 U.S.C. 509, 510. further language to this final rule on this sufficient federalism implications for subject. which we would prepare a Federalism ■ 2. Revise Subpart C as follows: Second Public Comment Assessment. Subpart C—Postsecondary Education Programs for Inmates The second commenter suggested that Regulatory Flexibility Act Sec. we should include language in the rule The Director of the Bureau of Prisons, ‘‘restricting refusal of postsecondary 544.20 Purpose and scope. under the Regulatory Flexibility Act (5 544.21 Procedures. courses based solely on the information U.S.C. 605(b)), reviewed this regulation. contained within the course (syllabus or By approving it, the Director certifies Subpart C—Postsecondary Education informational) text.’’ The commenter that it will not have a significant Programs for Inmates felt that ‘‘refusal should be limited to economic impact upon a substantial § 544.20 Purpose and scope. courses that pose a tangible threat, such number of small entities because: This as contact/handling of chemicals, rule is about the correctional The Bureau of Prisons offers inmates unauthorized objects, or the required management of offenders committed to the opportunity under its postsecondary construction of unauthorized * * * the custody of the Attorney General or education program to participate in objects. Except in extreme the Director of the Bureau of Prisons, postsecondary education courses circumstances, a decision to refuse a and its economic impact is limited to (courses for college credit other than postsecondary course should not be the Bureau’s appropriated funds. those courses which pertain to made based solely on the knowledge occupational education programs) offered by a particular text.’’ Unfunded Mandates Reform Act of which have been determined to be Because of the many different security 1995 appropriate in light of the institution’s levels and individual characteristics of This rule will not cause State, local need for discipline, security, and good our institutions, we afford our Wardens and tribal governments, or the private order. Participation in postsecondary discretion in determining where sector, to spend $100,000,000 or more in education courses which are part of possible security risks might arise. The any one year, and it will not occupational education programs is Warden delegates this responsibility to significantly or uniquely affect small governed by the provisions of the the postsecondary education governments. We do not need to take Bureau’s occupational education coordinator, who, under § 544.21(b) of action under the Unfunded Mandates program (see subpart F of this part). these regulations, ‘‘determines that the Reform Act of 1995. course is appropriate in light of the § 544.21 Procedures. institution’s need for discipline, Small Business Regulatory Enforcement (a) The Warden or designee must security, and good order.’’ Fairness Act of 1996 appoint a postsecondary education If we do what the commenter suggests This rule is not a major rule as coordinator (ordinarily an education by articulating a uniform set of factors staff member) for the institution. The for Wardens to consider when defined by § 804 of the Small Business Regulatory Enforcement Fairness Act of postsecondary education coordinator is determining whether or not to allow an responsible for coordinating the inmate to take a particular course, we 1996. This rule will not result in an annual effect on the economy of institution’s postsecondary education remove the Warden’s discretion. program. Also, because our institutions are $100,000,000 or more; a major increase (b) An inmate who wishes to varied and have individual in costs or prices; or significant adverse participate in a postsecondary education characteristics, a uniform set of effects on competition, employment, course must apply through the guidelines would curtail a Warden’s investment, productivity, innovation, or postsecondary education coordinator. If flexibility in dealing with a particular on the ability of United States-based the postsecondary education institution’s unique situation or security companies to compete with foreign- coordinator determines that the course issue. based companies in domestic and In addition, how a Warden makes the export markets. is appropriate in light of the institution’s need for discipline, decision to allow or deny a particular List of Subjects in 28 CFR Part 544 course is an internal, agency security, and good order, the inmate administrative matter. For these reasons, Prisoners. may enroll provided that: (1) The inmate meets eligibility we do not add further language to this Harley G. Lappin, final rule on this subject. requirements for the course which have Director, Bureau of Prisons. been set by the course provider, Executive Order 12866 ■ Under the rulemaking authority vested (2) The inmate is responsible for The Director determined that this rule in the Attorney General in 5 U.S.C. payment of any tuition either through is not a ‘‘significant regulatory action’’ 552(a) and delegated to the Director, personal funds, community resources, under section 3(f) of Executive Order Bureau of Prisons, we amend 28 CFR part or scholarships available to the inmate, 12866, and therefore it was not 544 as follows. and

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(3) The unit team determines that the Correction of Publication DEPARTMENT OF DEFENSE course is appropriate for the inmate’s apparent needs. ■ Accordingly, 30 CFR Part 250 is Office of the Secretary corrected by making the following [FR Doc. 03–28852 Filed 11–18–03; 8:45 am] correcting amendment: 32 CFR Part 199 BILLING CODE 4410–05–P

PART 250—OIL AND GAS AND RIN 0720–AA85 SULPHUR OPERATIONS IN THE DEPARTMENT OF THE INTERIOR OUTER CONTINENTAL SHELF TRICARE; Changes Included in the National Defense Authorization Act for Minerals Management Service ■ 1. The authority citation for part 250 Fiscal Year 2003 (NDAA–03) continues to read as follows: AGENCY: Office of the Secretary, DoD. 30 CFR Part 250 Authority: 43 U.S.C. 1331, et seq. ACTION: Interim final rule. ■ RIN 1010–AC93 2. In § 250.803, revise paragraph (b)(7) to read as follows: SUMMARY: This interim final rule Oil and Gas and Sulphur Operations in § 250.803 Additional production system contains several provisions found in the the Outer Continental Shelf— requirements. NDAA–03, Public Law 107–314, signed Document Incorporated by on December 2, 2002. Specifically this Reference—API RP 14C * * * * * rule addresses eliminating the (b)(7) Gas compressors. You must requirement for TRICARE AGENCY: Minerals Management Service equip compressor installations with the preauthorization of inpatient mental (MMS), Interior. following protective equipment as health care for Medicare-eligible ACTION: Correcting amendment. required in API RP 14C, Sections A4 beneficiaries where Medicare is primary payer and has already authorized the SUMMARY: This document makes a and A8 (incorporated by reference as care using Medicare certification of correction to the final rule titled ‘‘Oil specified in § 250.198). individual professional providers as and Gas and Surphur Operations in the (i) A Pressure Safety High (PSH), a sufficient documentation to also certify Outer Continental Shelf—Document Pressure Safety Low (PSL), a Pressure individual professional providers under Incorporated by Reference—API RP Safety Valve (PSV), and a Level Safety TRICARE; and expanding the TRICARE 14C’’ that was published August 9, 2002 High (LSH), and an LSL to protect each Dental Program (TDP) eligibility for (67 FR 51757). A portion of the text in interstage and suction scrubber. dependents of deceased members. 30 CFR 250.803(b) was inadvertently (ii) A Temperature Safety High (TSH) Public comments are invited and will be deleted. This amendment will add the on each compressor discharge cylinder. considered for possible revisions to the paragraphs back into the regulation. final rule. EFFECTIVE DATE: This rule becomes (iii) The PSH and PSL shut-in sensors effective on November 19, 2003. and LSH shut-in controls protecting DATES: This rule is effective November compressor suction and interstage 19, 2003. The effective date for the 32 FOR FURTHER INFORMATION CONTACT: scrubbers shall be designated to actuate CFR 199.4(a)(12)(ii)(E)(2) is October 1, Wilbon Rhome, Operations Analysis automatic shutdown valves (SDV) 2003. The effective date for 32 CFR Branch at (703) 787–1587. located in each compressor suction and 199.13(c)(3)(ii)(E)(2) is December 2, SUPPLEMENTARY INFORMATION: fuel gas line so that the compressor unit 2002. Background and the associated vessels can be APPLICABILITY: The applicability date for The final regulations that are the isolated from all input sources. All 32 CFR 199.6(c)(2)(v) is for any subject of this correction supersede automatic SDV’s installed in compressor TRICARE contract entered into on or Section 250.803(b)(7) paragraphs (i), (ii), suction and fuel gas piping shall also be after December 2, 2002. actuated by the shutdown of the prime (iii), and (iv), Title 30 of the CFR, parts COMMENTS: Comments will be accepted 200 to 699 inadvertently deleted. mover. Unless otherwise approved by the District Supervisor, gas—well gas until January 20, 2004. Need for Correction affected by the closure of the automatic ADDRESSES: Forward comments to As published, the final regulations SDV on a compressor suction shall be Medical Benefits and Reimbursement contain deletions that need to be diverted to the pipeline or shut in at the Systems, TRICARE Management reinstated. wellhead. Activity, 16401 East Centretech Parkway, Aurora, Colorado 80011–9066. List of Subjects in 30 CFR Part 250 (iv) A blowdown valve is required on the discharge line of all compressor FOR FURTHER INFORMATION CONTACT: Ann Continental shelf, Environmental installations of 1,000 horsepower (746 N. Fazzini, (303) 676–3803 (The impact statements, Environmental sections of this rule regarding protection, Government contracts, kilowatts) or greater. elimination of mental health Incorporation by reference, * * * * * preauthorization and Medicare Investigations, Mineral royalties, Oil Dated: October 30, 2003. providers as TRICARE providers) or and gas development and production, Rebecca W. Watson, Major Shannon Lynch, (303) 676–3496 Oil and gas exploration, Oil and gas (The section of this rule regarding the reserves, Penalties, Pipelines, Public Assistant Secretary—Land and Minerals Management. TRICARE Dental Program). Questions lands—mineral resources, Public lands- regarding payment of specific claims rights-of-way, Reporting and [FR Doc. 03–28869 Filed 11–18–03; 8:45 am] should be addressed to the appropriate recordkeeping requirements, Sulphur BILLING CODE 4310–MR–P TRICARE contractor. development and production, Sulphur exploration, Surety bonds. SUPPLEMENTARY INFORMATION:

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I. Elimination of Mental Health Pre- who are sanctioned or who have Paperwork Reduction Act Authorization program integrity violations under This rule, as written, imposes no Section 701 of the NDAA–03 Medicare, TRICARE, or other Federal burden as defined by the Paperwork eliminates the preauthorization health programs. Such providers are Reduction Act of 1995 (44 U.S.C. 3501– requirement for inpatient mental health specifically excluded as TRICARE 3511). If, however, any program where Medicare is primary payer and providers. implemented under this rule causes has already authorized the care. III. TRICARE Dental Program such a burden to be imposed, approval Currently, in situations were a Medicare thereof will be sought from the Office of beneficiary, who is also TRICARE Currently, eligibility in the TDP Management and Budget in accordance eligible, receives inpatient mental includes any such dependent of a with the Act, prior to implementation. health care, TRICARE applies its rules member who died while on active duty List of Subjects in 32 CFR Part 199 for preauthorization even though for a period of more than 30 days or a TRICARE is not the primary payer. The member of the Ready Reserve if the Claims, Dental health, Health care, language found in section 701 of the dependent was enrolled on the date of Health insurance, Individuals with NDAA–03 changes the way we currently the death of the member. The exception disabilities, Military personnel. operate. Once this change is to this is that the term does not include ■ Accordingly, 32 CFR Part 199 is implemented, Medicare beneficiaries the dependent after the end of the three- amended as follows: who are also TRICARE eligible, will year period beginning on the date of the follow Medicare’s rules until their member’s death. Section 703 of the PART 199—[AMENDED] NDAA FY03 TRICARE changes Medicare benefit is exhausted. Once the ■ 1. The authority citation for part 199 eligibility in the TDP by including any Medicare benefit is exhausted, continues to read as follows: TRICARE’s rules regarding such dependent of a member who dies preauthorization will apply. We expect while on active duty for a period of Authority: 5 U.S.C. 301; 10 U.S.C. chapter implementation of this change will more than 30 days or a member of the 55. reduce providers’ administrative burden Ready reserve if, on the date of the ■ 2. Section 199.4 is amended by as they will no longer have to obtain a death of the member, the dependent is revising paragraph (a)(12)(ii)(A) and the preauthorization from TRICARE until enrolled in dental benefits plan or is not first sentence in paragraph (b)(6)(ii)(A) the beneficiary’s Medicare benefit is enrolled in such a plan by reason of a and adding a new paragraph (a)(12)(ii)(E) exhausted. It will also reduce the discontinuance of a former enrollment to read as follows: burden on our contractors as they will due to transfer to a duty station where be required to obtain preauthorization dental care is provided to the member’s § 199.4 Basic program benefits. only after the patient’s Medicare eligible dependents under a program (a) * * * benefits are exhausted. other than that plan. The exception (12) * * * Additionally, Section 701 of the remains that the term does not include (ii) Preadmission authorization. (A) NDAA–03 continues our current policy the dependent after the end of the three- This section generally requires that pre-authorization is not required in year period beginning on the date of the preadmission authorization for all non- the case of an emergency. member’s death. emergency inpatient mental health services and prompt continued stay II. Medicare Provider Certification IV. Regulatory Procedures authorization after emergency Applicable to TRICARE Individual admissions with the exception noted in Section 801 of title 5, United States Professional Providers paragraph (a)(12)(ii) of this section. It Code, and Executive Order 12866 also requires preadmission Section 705 of the NDAA–03 provides requires certain regulatory assessments authorization for all admissions to a that Medicare certification of individual and procedures for any major rule or partial hospitalization program, without professional providers shall be significant regulatory action, defined as exception, as the concept of an considered sufficient documentation to one that would result in an annual effect emergency admission does not pertain also certify authorized individual of $100 million or more on the national to a partial hospitalization level of care. professional providers under TRICARE. economy or which would have other Institutional services for which payment When an individual professional substantial impacts. provider has been certified by Medicare would otherwise be authorized, but and meets one of the TRICARE The Regulatory Flexibility Act (RFA) which were provided without individual professional provider requires that each Federal agency compliance with preadmission categories, the Medicare certification prepare, and make available for public authorization requirements, do not shall be considered sufficient comment, a regulatory flexibility qualify for the same payment that would documentation to certify the provider analysis when the agency issues a be provided if the preadmission under TRICARE. regulation which would have a requirements had been met. Our contractors are currently in significant impact on a substantial * * * * * compliance with this provision. By number of small entities. (E) Preadmission authorization for accepting Medicare certification as This is not a major rule under 5 U.S.C. inpatient mental health services is not sufficient documentation, TRICARE has 801. It is a significant regulatory action required in the following cases: reduced the administrative burden of but not economically significant. In (1) In the case of an emergency. separately applying for certification addition, we certify that this proposed (2) In a case in which benefits are under two federal health care programs. rule will not significantly affect a payable for such services under part A While our contractors are currently in substantial number of small entities. of title XVIII of the Social Security Act compliance with this provision this This rule has been designated as (42 U.S.C. 1395c et seq.) subject to interim final rule is necessary to add the significant and has been reviewed by paragraph (a)(12)(iii) of this section. statutory language to our regulation. the Office of Management and Budget as (3) In a case of inpatient mental health Section 705 continues the current required under the provisions of E.O. services in which paragraph (a)(12)(ii) of TRICARE policy of excluding providers 12866. this section applies, the Secretary shall

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require advance authorization for a U.S.C. 10143 and 10144(b) respectively, DATES: 33 CFR 100.511 will be enforced continuation of the provision of such if on the date of the death of the from 4:45 p.m. to 9:15 p.m. on services after benefits cease to be member, the dependent is enrolled in December 13, 2003. payable for such services under such the TDP, or if not enrolled by reason of FOR FURTHER INFORMATION CONTACT: part A. a discontinuance of a former enrollment Ronald Houck, Marine Events * * * * * under paragraphs (c)(4)(ii) and (c)(4)(iii) Coordinator, Commander, Coast Guard (b) * * * of this section shall be eligible for Activities Baltimore, 2401 Hawkins (6) * * * continued enrollment in the TDP for up Point Road, Baltimore, MD 21226–1971, (iii) Preauthorization requirements. to three (3) years from the date of the (410) 576–2513. (A) With the exception noted in member’s death. This 3-year period of SUPPLEMENTARY INFORMATION: The paragraph (a)(12)(ii)(E) of this section, continued enrollment also applies to Eastport Yacht Club will sponsor a all non-emergency admissions to an dependents of active duty members who lighted boat parade on the waters of Spa acute inpatient hospital level of care died within the year prior to the Creek and the Severn River at must be authorized prior to the beginning of the TDP while the Annapolis, Maryland. The event will admission. * * * dependents were enrolled in the consist of approximately 75 boats * * * * * TFMDP. This continued enrollment is traveling at slow speed along two not contingent on the Selected Reserve ■ 3. Section 199.6 is amended by adding separate parade routes in Annapolis or Individual Ready Reserve member’s a new paragraph (c)(2)(v) to read as Harbor. The participating boats will own enrollment in the TDP. During the follows: range in length from 10 to 90 feet, and three-year period of continuous each will be decorated with holiday § 199.6 Authorized providers. enrollment, the government will pay lights. In order to ensure the safety of * * * * * both the Government and the participants, spectators and transiting (c) * * * beneficiary’s portion of the premium vessels, 33 CFR 100.511 will be (2) * * * share. enforced for the duration of the event. (v) Subject to section 1079(a) of title * * * * * Under provisions of 33 CFR 100.511, 10, U.S.C., chapter 55, a physician or Dated: November 12, 2003. vessels may not enter the regulated area other health care practitioner who is L.M. Bynum, without permission from the Coast eligible to receive reimbursement for Guard Patrol Commander. Spectator Alternate OSD Federal Register Liaison services provided under Medicare (as Officer, Department of Defense. vessels may anchor outside the defined in section 1086(d)(3)(C) of title regulated area but may not block a [FR Doc. 03–28756 Filed 11–18–03; 8:45 am] 10 U.S.C., chapter 55) shall be navigable channel. Because these considered approved to provide medical BILLING CODE 5001–06–M restrictions will be enforced for a care authorized under section 1079 and limited period, they should not result in section 1086 of title 10, U.S.C., chapter a significant disruption of maritime 55 unless the administering Secretaries DEPARTMENT OF HOMELAND traffic. have information indicating Medicare, SECURITY In addition to this notice, the TRICARE, or other Federal health care maritime community will be provided program integrity violations by the Coast Guard extensive advance notification via the physician or other health care Local Notice to Mariners, marine practitioner. That is, TRICARE shall 33 CFR Part 100 information broadcasts, and area accept Medicare certification of newspapers, so mariners can adjust providers who have a like class of [CGD05–03–175] their plans accordingly. providers under TRICARE without RIN 1625–AA08 Dated: October 27, 2003. further authorization unless that Sally Brice-O’Hara, provider is under sanctions as stated Special Local Regulations for Marine Rear Admiral, U.S. Coast Guard, Commander, herein. Providers without a like class Events; Approaches to Annapolis Fifth Coast Guard District. (i.e., chiropractors) under TRICARE Harbor, Spa Creek and Severn River, [FR Doc. 03–28816 Filed 11–18–03; 8:45 am] shall be denied. Annapolis, MD BILLING CODE 4910–15–P * * * * * ■ 4. Section 199.13 is amended revising AGENCY: Coast Guard, DHS. paragraph (c)(3)(ii)(E)(2) to read as ACTION: Notice of implementation of DEPARTMENT OF HOMELAND follows: regulation. SECURITY § 199.13 TRICARE Dental Program. SUMMARY: The Coast Guard is Coast Guard (c) * * * implementing the special local (3) * * * regulations during the Eastport Yacht 33 CFR Part 117 Club Lights Parade, a marine event to be (ii) * * * [CGD08–03–045] (E) * * * held December 13, 2003, on the waters (2) Continuation of eligibility for of Spa Creek and the Severn River at RIN 1625–AA09 dependents of service members who die Annapolis, Maryland. These special while on active duty or while a member local regulations are necessary to Drawbridge Operating Regulation; St. of the Selected Reserve or Individual control vessel traffic due to the confined Croix River, Prescott, WI Ready Reserve. Eligible dependents of nature of the waterway and expected AGENCY: Coast Guard, DHS. active duty members while on active vessel congestion during the event. The ACTION: Notice of temporary deviation duty for a period of thirty-one (31) days effect will be to restrict general from regulations. or more and eligible dependents of navigation in the regulated area for the Selected Reserve or Individual Ready safety of event participants, spectators SUMMARY: The Commander, Eighth Reserve members, as specified in 10 and vessels transiting the event area. Coast Guard District has issued a

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temporary deviation from the regulation closed to navigation position. This FOR FURTHER INFORMATION CONTACT: Mr. governing the operation of the deviation has been coordinated with Barry Dragon, Project Officer, Seventh Burlington Northern Railroad waterway users. No objections were Coast Guard District, Bridge Branch, at Drawbridge, across the St. Croix River, received. (305) 415–6743. mile 0.2, at Prescott, Wisconsin. This In accordance with 33 CFR 117.35(c), SUPPLEMENTARY INFORMATION: deviation allows the drawbridge to this work will be performed with all due remain closed to navigation except upon speed in order to return the bridge to Regulatory History 24 hours notice to open for 28 days from normal operation as soon as possible. 8 a.m., November 17, 2003, until 11:59 This deviation from the operating On May 20, 2003, we published a p.m., December 14, 2003, central regulations is authorized under 33 CFR notice of proposed rulemaking (NPRM) standard time. The deviation will 117.35. entitled Drawbridge Operation facilitate maintenance work on the Dated: November 6, 2003. Regulations; Canaveral Barge Canal, Cape Canaveral, Brevard County, FL, in bridge that is essential to the continued Roger K. Wiebusch, safe operation of the drawbridge. the Federal Register (68 FR 27504). We Bridge Administrator. DATES: received two letters commenting on the This temporary deviation is [FR Doc. 03–28815 Filed 11–18–03; 8:45 am] effective from 8 a.m., November 17, proposed rule. No public meeting was BILLING CODE 4910–15–P 2003, until 11:59 p.m., December 14, requested, and none was held. 2003. Background and Purpose ADDRESSES: Materials referred to in this DEPARTMENT OF HOMELAND notice are available for inspection or SECURITY The Christa McAuliffe Bridge, SR 3, copying at the office of the Eighth Coast across the Canaveral Barge Canal is a Guard District, Bridge Administration Coast Guard twin, double bascule leaf bridge with a Branch, Commander (obr), Eighth Coast vertical clearance of 21.6 feet at mean Guard District, 1222 Spruce Street, St. 33 CFR Part 117 high water and a horizontal clearance of Louis, MO 63103–2832, between 8 a.m. 90.3 feet. The current operating and 4 p.m., Monday through Friday, [CGD07–02–160] regulations, published in 33 CFR except Federal holidays. The Bridge 117.273(a), provide for the bridge to Administration Branch maintains the RIN 1625–AA09 open on signal from 6 a.m. to 10 p.m. except that, from 6:15 a.m. to 7:45 a.m. public docket for this temporary Drawbridge Operation Regulation; deviation. and from 3:30 p.m. to 5:15 p.m., Canaveral Barge Canal, Cape Monday through Friday, except Federal FOR FURTHER INFORMATION CONTACT: Canaveral, Brevard County, FL holidays, the bridge need not open for Roger K. Wiebusch, Bridge the passage of vessels. From 10:01 p.m. AGENCY: Coast Guard, DHS. Administrator, Commander (obr), Eighth to 5:59 a.m., everyday, the bridge shall Coast Guard District, 1222 Spruce ACTION: Final rule. open on signal if at least three hours Street, St. Louis, MO 63103–2832, (314) notice is given to the bridge tender. The 539–3900, extension 2378. SUMMARY: The Coast Guard is changing the operating regulations of the Christa bridge shall open as soon as possible for SUPPLEMENTARY INFORMATION: The McAuliffe Bridge, SR 3, across the the passage of public vessels of the Burlington Northern Santa Fe Railroad Canaveral Barge Canal at Cape United States, tugs and tows and vessels requested a temporary deviation on Canaveral, Florida. Under this final rule, in distress. The local residents October 17, 2003 for the operation of the the bridge need open only twice an hour requested a change to the current drawbridge to allow the bridge owner from 6 a.m. to 10 p.m. for vessel traffic, operating schedule to ease the flow of time for preventative maintenance. except during the morning and evening vehicular traffic on and off of Cape Presently, the draw opens on signal for rush hours when the bridge may remain Canaveral through their neighborhood. passage of river traffic; except that from closed to facilitate vehicular traffic. The On May 22, 2002, a temporary final rule December 15 through March 31, the rule will also require the bridge to open was published in the Federal Register draw must open on signal if at least 24 with 3 hours notice from 10:01 p.m. to (67 FR 35903) to facilitate repairs to the hours notice is given. This deviation 5:59 a.m. This change will improve the bridge. In pertinent part, for four allows the bridge to remain closed to flow of vehicular traffic without months, from 8:15 a.m. to 3 p.m., navigation except upon 24 hours notice significantly impacting the needs of Monday through Friday except Federal to open for 28 days from 8 a.m., navigation. holidays, the draw opened on the hour November 17, 2003, until 11:59 p.m., and half hour for the passage of vessels. December 14, 2003, Central Standard DATES: This rule is effective December This temporary change to the bridge Time. Vessels not exceeding the vertical 19, 2003. openings for a limited time during the clearance of the drawbridge may pass ADDRESSES: Comments and material day met the reasonable needs of under the drawbridge during repairs. received from the public, as well as navigation and improved the flow of There are no alternate routes for vessels documents indicated in this preamble as vehicular traffic in the neighborhood transiting through mile 0.2, St. Croix being available in the docket, are part of while facilitating repairs to the bridge. River. docket [CGD07–02–160] and are In addition, the difference between the The Burlington Northern Santa Fe available for inspection or copying at number of bridge openings under the Railroad Drawbridge provides a vertical Commander (obr), Seventh Coast Guard temporary rule and the historical clearance of 20.4 feet above normal pool District, 909 SE 1st Avenue, Room 432, number of bridge openings under the in the closed to navigation position. Miami, FL 33131, between 7:30 a.m. and existing, permanent rule is minimal. Navigation on the waterway consists 4 p.m., Monday through Friday, except Accordingly, based on the results of the primarily of recreational watercraft. In Federal holidays. The Bridge Branch of temporary rule and the minimal order to repair the bridge console and the Seventh Coast Guard District difference in bridge openings, the final associated electrical system, the bridge maintains the public docket for this rule will meet the reasonable needs of must be kept inoperative and in the rulemaking. navigation on this waterway.

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Discussion of Comments and Changes participate in the rulemaking process. an economically significant rule and We received two comments Small businesses may send comments would not create an environmental risk concerning this rule, one from the on the actions of Federal employees to health or risk to safety that might Florida Division of Historical Resources, who enforce, or otherwise determine disproportionately affect children. compliance with, Federal regulations to which determined that this rule did not Indian Tribal Governments affect historical properties, and one the Small Business and Agriculture from a concerned citizen, which stated Regulatory Enforcement Ombudsman This rule does not have tribal that the rule would not relieve vehicular and the Regional Small Business implications under Executive Order traffic congestion due to the dynamics Regulatory Fairness Boards. The 13175, Consultation and Coordination of vehicular traffic routing problems in Ombudsman evaluates these actions with Indian Tribal Governments, a nearby intersection. While the annually and rates each agency’s because it does not have a substantial intersection in question may contribute responsiveness to small business. If you direct effect on one or more Indian to overall traffic difficulties, this rule wish to comment on actions by tribes, on the relationship between the will assist in easing traffic flow during employees of the Coast Guard, call 1– Federal Government and Indian tribes, peak vehicular hours of movement to 888–REG–FAIR (1–888–734–3247). or on the distribution of power and and from Cape Canaveral. responsibilities between the Federal Collection of Information Government and Indian tribes. Regulatory Evaluation This rule calls for no new collection Energy Effects This rule is not a ‘‘significant of information under the Paperwork regulatory action’’ under section 3(f) of Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this rule under Executive Order 12866, Regulatory 3520). Executive Order 13211, Actions Concerning Regulations That Planning and Review, and does not Federalism require an assessment of potential costs Significantly Affect Energy Supply, and benefits under section 6(a)(3) of that A rule has implications for federalism Distribution, or Use. We have Order. The Office of Management and under Executive Order 13132, determined that it is not a ‘‘significant Budget has not reviewed it under that Federalism, if it has a substantial direct energy action’’ under that order, because Order. It is not ‘‘significant’’ under the effect on State or local governments and it is not a ‘‘significant regulatory action’’ regulatory policies and procedures of would either preempt State law or under Executive Order 12866 and is not the Department of Homeland Security impose a substantial direct cost of likely to have a significant adverse effect (DHS). The Coast Guard expects the compliance on them. We have analyzed on the supply, distribution, or use of economic impact of this rule to be so this rule under that Order and have energy. It has not been designated by the minimal that a full Regulatory determined that it does not have Administrator of the Office of Evaluation is unnecessary. The final implications for federalism. Information and Regulatory Affairs as a significant energy action. Therefore, it rule only slightly modifies the current Unfunded Mandates Reform Act closure periods, from 6:15 a.m. to 7:45 does not require a Statement of Energy a.m. and 3:30 p.m. to 5:15 p.m., to 6:15 The Unfunded Mandates Reform Act Effects under Executive Order 13211. of 1995 (2 U.S.C. 1531–1538) requires a.m. to 8:15 a.m. and 3:10 p.m. to 5:59 Environment p.m. The final rule also continues to Federal agencies to assess the effects of provide for regular openings, from 6 their discretionary regulatory actions. In We have analyzed this rule under a.m. to 10 p.m., twice an hour, which particular, the Act addresses actions Commandant Instruction M16475.1D, results in almost the same number of that may result in the expenditure by a which guides the Coast Guard in openings provided under the existing State, local, or tribal government, in the complying with the National rule. aggregate, or by the private sector of Environmental Policy Act of 1969 $100,000,000 or more in any one year. (NEPA) (42 U.S.C. 4321–4370f), and Small Entities Though this rule will not result in such have concluded that there are no factors Under the Regulatory Flexibility Act an expenditure, we do discuss the in this case that would limit the use of (5 U.S.C. 601–612), we have considered effects of this rule elsewhere in this a categorical exclusion under section whether this rule would have a preamble. 2.B.2 of the Instruction. Therefore, this significant economic impact on a rule is categorically excluded, under Taking of Private Property substantial number of small entities. figure 2–1, paragraph (32)(e), of the The term ‘‘small entities’’ comprises This rule will not effect a taking of Instruction, from further environmental small businesses, not-for-profit private property or otherwise have documentation. Coast Guard categorical organizations that are independently taking implications under Executive exclusions include the promulgation of owned and operated and are not Order 12630, Governmental Actions and operating regulations for drawbridges by dominant in their fields, and Interference with Constitutionally the Bridge Administration Program. governmental jurisdictions with Protected Property Rights. populations of less than 50,000. List of Subjects in 33 CFR Part 117 Civil Justice Reform The Coast Guard certifies under 5 Bridges. U.S.C. 605(b) that this rule would not This rule meets applicable standards ■ For the reasons discussed in the have a significant economic impact on in sections 3(a) and 3(b)(2) of Executive preamble, the Coast Guard amends 33 a substantial number of small entities. Order 12988, Civil Justice Reform, to CFR part 117 as follows: minimize litigation, eliminate Assistance for Small Entities ambiguity, and reduce burden. PART 117—DRAWBRIDGE Under section 213(a) of the Small OPERATION REGULATIONS Business Regulatory Enforcement Protection of Children Fairness Act of 1996 (Pub. L. 104–121), We have analyzed this rule under ■ 1. The authority citation for part 117 we offered to assist small entities in Executive Order 13045, Protection of continues to read as follows: understanding the rule so that they can Children from Environmental Health Authority: 33 U.S.C. 499; Department of better evaluate its effects on them and Risks and Safety Risks. This rule is not Homeland Security Delegation No. 0170.1; 33

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CFR 1.05–1(g); Section 117.255 also issued documents indicated in this preamble as including the establishment of security under authority of Pub. L. 102–587, 106 Stat. being available in the docket, are part of and safety zones, to prevent or respond 5039. docket [COTP San Diego 03–033] and to acts of terrorism against individuals, ■ 2. § 117.273(a) is revised to read as are available for inspection or copying vessels or public or commercial follows: at Marine Safety Office San Diego, 2716 structures. North Harbor Drive, San Diego, CA The Coast Guard also has authority to § 117.273 Canaveral Barge Canal. 92101–1064 between 8 a.m. and 4 p.m., establish security zones pursuant to the (a) The draws of the Christa McAuliffe Monday through Friday, except Federal Act of June 15, 1917, as amended by the bridge, SR 3, mile 1.0, across the holidays. Magnuson Act of August 9, 1950 (50 Canaveral Barge Canal need only open FOR FURTHER INFORMATION CONTACT: U.S.C. 191 et seq.) and implementing daily for vessel traffic on the hour and Petty Officer Austin Murai, USCG, c/o regulations promulgated by the half-hour from 6 a.m. to 10 p.m.; except U.S. Coast Guard Captain of the Port, President in subparts 6.01 and 6.04 of that from 6:15 a.m. to 8:15 a.m. and telephone (619) 683–6495 part 6 of title 33 of the Code of Federal from 3:10 p.m. to 5:59 p.m., Monday Regulations. SUPPLEMENTARY INFORMATION: through Friday, except Federal holidays, In this particular rulemaking, to the bridge need not open. From 10:01 Regulatory Information address the aforementioned security p.m. to 5:59 a.m., everyday, the bridge concerns and to take steps to prevent We did not publish a notice of the catastrophic impact that a terrorist shall open on signal if at least 3 hours proposed rulemaking (NPRM) for this notice is given to the bridge tender. The attack against naval vessels and regulation. Under 5 U.S.C. 553(b)(B), the personnel would have on the public bridge shall open as soon as possible for Coast Guard finds that good cause exists the passage of tugs with tows, public interest, the Coast Guard is establishing for not publishing an NPRM. Any delay a security zone off the coast of San vessels of the United States and vessels in implementing this rule would be in distress. Diego. contrary to the public interest since The security zone consists of the * * * * * immediate action is necessary to protect navigable waters of the Pacific Ocean off Dated: October 31, 2003. the vessels and crew involved in this San Diego, California in the areas Harvey E. Johnson, Jr., operation. known locally as Coronado and Imperial Rear Admiral, U.S. Coast Guard Commander, Under 5 U.S.C. 553(d)(3), the Coast Beach. The exact coordinates can be Seventh Coast Guard District. Guard finds that good cause exists for found in the regulatory text. [FR Doc. 03–28814 Filed 11–18–03; 8:45 am] making this rule effective less than 30 This rule is effective from 8 a.m. BILLING CODE 4910–15–P days after publication in the Federal (p.s.t.) on November 10, 2003, until Register. 11:59 p.m. (p.s.t.) on November 21, Due to complex planning and national 2003. DEPARTMENT OF HOMELAND security reasons, information regarding Persons and vessels are prohibited SECURITY the precise location and date of the from entering into, transiting through, event necessitating promulgation of this loitering, or anchoring within this Coast Guard security zone and other logistical details security zone unless authorized by the surrounding the event were not Captain of the Port, or his designated 33 CFR Part 165 provided until a date fewer than 30 days representative. prior to the event. Due to the sensitive [COTP San Diego 03–033] nature of the operations involved, it was Discussion of Rule RIN 1625–AA00 necessary for this information to be The United States Navy will be finalized at a later date. conducting military operations on the Security Zone: Pacific Ocean, San navigable waters of the Pacific Ocean off Background and Purpose Diego, CA the coast of San Diego, California. Since the September 11, 2001 terrorist AGENCY: Coast Guard, DHS. Persons and vessels are prohibited from attacks on the World Trade Center in entering into this security zone unless ACTION: Temporary final rule. New York, the Pentagon in Arlington, authorized by the Captain of the Port or SUMMARY: The Coast Guard is Virginia and Flight 93, the Federal his designated representative. Each establishing a security zone off the coast Bureau of Investigation (FBI) has issued person and vessel in a security zone of Coronado and Imperial Beach in San several warnings concerning the shall obey any direction or order of the Diego, California in support of naval potential for additional terrorist attacks COTP. The COTP may remove any military operations for the purposes of within the United States. In addition, person, vessel, article, or thing from a national security. This security zone is the ongoing hostilities in Afghanistan security zone. No person may board, or necessary to protect the vessels and and Iraq have made it prudent to U.S. take or place any article or thing on crew involved in these military ports to be on a higher state of alert board, any vessel in a security zone operations. Persons and vessels are because Al-Qaeda and other without the permission of the COTP. prohibited from entering into, transiting organizations have declared an ongoing Vessels or persons violating this through, loitering, or anchoring within intention to conduct armed attacks on section will be subject to the penalties this security zone unless authorized by U.S. interests worldwide. set forth in 33 U.S.C. 1232 and 50 U.S.C. the Captain of the Port, or his In its effort to thwart terrorist activity, 192. Pursuant to 33 U.S.C. 1232, any designated representative. the Coast Guard has increased safety violation of the security zone described and security measures on U.S. ports and herein, is punishable by civil penalties DATES: This rule is effective from 8 a.m. waterways. As part of the Diplomatic (not to exceed $27,500 per violation, (p.s.t.) on November 10, 2003, until Security and Antiterrorism Act of 1986 where each day of a continuing 11:59 p.m. (p.s.t.) on November 21, (Pub. L. 99–399), Congress amended violation is a separate violation), 2003. section 7 of the Ports and Waterways criminal penalties (imprisonment up to ADDRESSES: Comments and material Safety Act (PWSA), 33 U.S.C. 1226, to 6 years and a maximum fine of received from the public, as well as allow the Coast Guard to take actions, $250,000) and in rem liability against

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the offending vessel. Any person who a significant economic impact on a their discretionary regulatory actions. In violates this section using a dangerous substantial number of small entities. particular, the Act addresses actions weapon or who engages in conduct that The security zone will not have a that may result in the expenditure by a causes bodily injury or fear of imminent significant economic impact on a State, local, or tribal government, in the bodily injury to any officer authorized substantial number of small entities for aggregate, or by the private sector of to enforce this regulation, also faces several reasons: small vessel traffic can $100,000,000 or more in any one year. imprisonment up to 12 years. Vessels or pass safely around the security zone and Though this rule will not result in such persons violating this section are also vessels engaged in recreational expenditure, we do discuss the effects of subject to the penalties set forth in 50 activities, sightseeing and commercial this rule elsewhere in this preamble. U.S.C. 192: seizure and forfeiture of the fishing have ample space outside of the vessel to the United States, a maximum security zones to engage in these Taking of Private Property criminal fine of $10,000, and activities. Small entities and the This rule will not effect a taking of imprisonment up to 10 years. maritime public will be advised of this private property or otherwise have The Captain of the Port will enforce security zone via public notice to taking implications under Executive these zones and may enlist the aid and mariners. cooperation of any Federal, State, Order 12630, Governmental Actions and county, municipal and private agency to Assistance for Small Entities Interference with Constitutionally assist in the enforcement of the Under section 213(a) of the Small Protected Property Rights. regulation. This regulation is proposed Business Regulatory Enforcement Civil Justice Reform under the authority of 33 U.S.C. 1226 in Fairness Act of 1996 (Pub. L. 104–121), addition to the authority contained in we offer to assist small entities in This rule meets applicable standards 50 U.S.C. 191 and 33 U.S.C. 1231. understanding the rule so that they in sections 3(a) and 3(b)(2) of Executive Regulatory Evaluation could better evaluate its effects on them Order 12988, Civil Justice Reform, to and participate in the rulemaking minimize litigation, eliminate This rule is not a ‘‘significant process. If the rule will affect your small ambiguity, and reduce burden. regulatory action’’ under section 3(f) of business, organization, or government Executive Order 12866, Regulatory jurisdiction and you have questions Protection of Children Planning and Review, and does not concerning its provisions or options for require an assessment of potential costs We have analyzed this rule under compliance, please contact the person Executive Order 13045, Protection of and benefits under section 6(a)(3) of that listed under FOR FURTHER INFORMATION Children from Environmental Health Order. The Office of Management and CONTACT for assistance in understanding Risks and Safety Risks. This rule is not Budget has not reviewed it under that this rule. Order. It is not ‘‘significant’’ under the Small businesses may send comments an economically significant rule and regulatory policies and procedures of on the actions of Federal employees does not create an environmental risk to the Department of Homeland Security who enforce, or otherwise determine health or risk to safety that may (DHS). compliance with, Federal regulations to disproportionately affect children. Due to national security interests, the the Small Business and Agriculture Indian Tribal Governments implementation of this security zone is Regulatory Enforcement Ombudsman necessary for the security of the Navy and the Regional Small Business This rule does not have tribal and its vessels and crews. The size of Regulatory Fairness Boards. The implications under Executive Order the zone is the minimum necessary to Ombudsman evaluates these actions 13175, Consultation and Coordination provide for the security of the vessels annually and rates each agency’s with Indian Tribal Governments, involved in the military operations. responsiveness to small business. If you because it does not have a substantial Most of the entities likely to be affected wish to comment on actions by direct effect on one or more Indian are pleasure craft engaged in employees of the Coast Guard, call 1– tribes, on the relationship between the recreational activities and sightseeing. 888–REG–FAIR (1–888–734–3247). Federal Government and Indian tribes, Any hardships experienced by persons or on the distribution of power and Collection of Information or vessels are considered minimal responsibilities between the Federal compared to the national interest in This rule calls for no new collection Government and Indian tribes. protecting the Naval vessels. of information under the Paperwork Accordingly, full regulatory evaluation Reduction Act of 1995 (44 U.S.C. 3501– Energy Effects under the regulatory policies and 3520). procedures of the DHS is unnecessary. We have analyzed this rule under Federalism Executive Order 13211, Actions Small Entities A rule has implications for federalism Concerning Regulations That Under the Regulatory Flexibility Act under Executive Order 13132, Significantly Affect Energy Supply, (5 U.S.C. 601–612), we have considered Federalism, if it has a substantial direct Distribution, or Use. We have whether this rule would have a effect on State or local governments and determined that it is not a ‘‘significant significant economic impact on a would either preempt State law or energy action’’ under that order because substantial number of small entities. impose a substantial direct cost of it is not a ‘‘significant regulatory action’’ The term ‘‘small entities’’ comprises compliance on them. We have analyzed under Executive Order 12866 and is not small businesses, not-for-profit this rule under that Order and have likely to have a significant adverse effect organizations that are independently determined that it does not have on the supply, distribution, or use of owned and operated and are not implications for federalism. energy. The Administrator of the Office dominant in their fields, and of Information and Regulatory Affairs governmental jurisdictions with Unfunded Mandates Reform Act has not designated it as a significant populations of less than 50,000. The Unfunded Mandates Reform Act energy action. Therefore, it does not The Coast Guard certifies under 5 of 1995 (2 U.S.C. 1531–1538) requires require a Statement of Energy Effects U.S.C. 605(b) that this rule will not have Federal agencies to assess the effects of under Executive Order 13211.

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Environment security zone by all persons and vessels the definition of ‘‘Plane B’’ and ‘‘Plane We have analyzed this rule under is prohibited, unless authorized by the D’’ as they relate to test dummy Commandant Instruction M16475.1D, Captain of the Port, or his designated positioning, Point 1 under the low risk which guides the Coast Guard in representative. Mariners are advised deployment tests, and addresses other complying with the National that the security zone will not restrict reference points and definitions. This Environmental Policy Act of 1969 the main navigational channel and document also amends the list of child (NEPA) (42 U.S.C. 4321–4370f), and transit through the channel is not restraint systems required for certain have concluded that there are no factors prohibited. Mariners requesting compliance testing. A previous in this case that would limit the use of permission to transit through the document has already dealt with the a categorical exclusion under section security zone may request authorization time sensitive issues and minor 2.B.2 of the Instruction. Therefore, this to do so from Captain of the Port or his technical issues raised in the petitions for reconsideration. rule is categorically excluded, under designated representative. The Coast figure 2–1, paragraph (34)(g), of the Guard can be contacted via VHF–FM DATES: Effective date: The amendments Instruction, from further environmental channel 16. made in this rule are effective January documentation. Dated: November 7, 2003. 20, 2004. A final ‘‘Environmental Analysis Stephen P. Metruck, Petitions: Petitions for reconsideration must be received by January 5, 2004 and Check List’’ and a final ‘‘Categorical Commander, U.S. Coast Guard, Captain of Exclusion Determination’’ are available the Port, San Diego. should refer to this docket and the notice number of this document and be in the docket where indicated under [FR Doc. 03–28810 Filed 11–18–03; 8:45 am] submitted to: Administrator, National ADDRESSES. BILLING CODE 4910–15–P Highway Traffic Safety Administration, List of Subjects in 33 CFR Part 165 400 Seventh St., SW., Washington, DC 20590. Harbors, Marine safety, Navigation DEPARTMENT OF TRANSPORTATION (water), Reporting and record-keeping ADDRESSES: Submissions may be made requirements, Security measures, National Highway Traffic Safety [identified by DOT DMS Docket Number Waterways. Administration NHTSA–03–16476, Notice 1] by any of ■ the following methods: For the reasons discussed in the • preamble, the Coast Guard amends 33 49 CFR Part 571 Web Site: http://dms.dot.gov. CFR Part 165 as follows: Follow the instructions on the DOT [Docket No. NHTSA 03–16476, Notice 1] electronic docket site. • Fax: 1–202–493–2251. PART 165—REGULATED NAVIGATION RIN 2127–AI82 • AREAS AND LIMITED ACCESS AREAS Mail: Docket Management Facility; Federal Motor Vehicle Safety U.S. Department of Transportation, 400 ■ 1. The authority citation for part 165 Standards; Occupant Crash Protection Seventh Street, SW., Nassif Building, continues to read as follows: Room PL–401, Washington, DC 20590– AGENCY: National Highway Traffic 001. Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. • Chapter 701; 50 U.S.C. 191, 195; 33 CFR Safety Administration (NHTSA), DOT. Hand Delivery: Room PL–401 on 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. ACTION: Final rule; response to petitions the plaza level of the Nassif Building, 107–295, 116 Stat. 2064; Department of for reconsideration. 400 Seventh Street, SW., Washington, Homeland Security Delegation No. 0170.1. DC, between 9 am and 5 pm, Monday SUMMARY: ■ 2. Add new § 165.T11–031 to read as This document responds, in through Friday, except Federal follows: part, to petitions for reconsideration of Holidays. the amendments we made in December • Federal eRulemaking Portal: Go to § 165.T11–031 Security Zone: Pacific 2001 to our May 2000 Advanced Air Bag http://www.regulations.gov. Follow the Ocean, San Diego, CA. Rule. Because of time constraints faced online instructions. (a) Location. The navigable waters by vehicle manufacturers in certifying a Instructions: All submissions must encompassed by a line connecting the portion of their fleet to the advanced air include the agency name and docket following points: starting from a point bag requirements, we bifurcated our number or Regulatory Identification on shore at 32°38.88′ N, 117°09.02′ W, response. This document addresses Number (RIN) for this rulemaking. Note then west to point 32°38.88’ N, detailed seat and dummy positioning that all comments received will be 117°12.2′ W, then southwest to point procedures. In particular, we are posted without change to http:// 32°36.70′ N, 117°13.83′ W, then south to responding to those portions regarding dms.dot.gov including any personal point 32°32.88′ N, 117°13.83′ W, then seat positioning procedures when using information provided. Please see the east along latitude 32°32.88′ N to the 5th percentile adult female test Privacy Act heading under Rulemaking shoreline. dummy in the barrier test and the low Analysis and Notices. (b) Enforcement period. This section risk deployment test; when using the 3- Docket: For access to the docket to will be enforced from 8 a.m. (P.s.t.) on year-old and 6-year-old test dummies in read background documents or November 10, 2003, until 11:59 p.m. the low risk deployment test; the fore comments received, go to http:// (P.s.t.) on November 21, 2003. If the and aft seat location for rear facing child dms.dot.gov at any time or to Room PL– Coast Guard terminates enforcement of restraint systems (RFCRSs); and the seat 401 on the plaza level of the Nassif this security zone prior to the scheduled track position for the low risk Building, 400 Seventh Street, SW., termination time, the Captain of the Port deployment test. This document Washington, DC, between 9 am and 5 will cease enforcement of this safety responds to test dummy positioning pm, Monday through Friday, except zone and will announce that fact via procedure issues, specifically those Federal Holidays Broadcast Notice to Mariners. addressing foot positioning of the 5th FOR FURTHER INFORMTION CONTACT: For (c) Regulations. In accordance with percentile adult female test dummy; non-legal issues, you may contact Louis the general regulations in § 165.33 of positioning out-of-position test Molino, Office of Crashworthiness this part, entry into, transit through, dummies; and positioning of test Standards, at (202) 366–2264, and fax loitering, or anchoring within this dummy hands. This document amends him at (202) 493–2739.

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For legal issues, you may contact require that future air bags be designed final rule. These petitions were filed by Christopher Calamita or Rebecca to minimize such risk. the Alliance of Automobile MacPherson, Office of Chief Counsel, at The issuance of the Advanced Air Bag Manufacturers (Alliance), Volkswagen, (202) 366–2992, and fax them at (202) Rule completed the implementation of Honda, Porsche, DaimlerChrysler, and 366–3820. our 1996 comprehensive plan for Toyota. Additionally, BMW, and You may send mail to these officials reducing air bag risks. The rule was also Autoliv (an air bag manufacturer) filed at the National Highway Traffic Safety required by the Transportation Equity petitions shortly after the deadline for Administration, 400 Seventh St., SW., Act for the 21st Century (TEA 21), filing petitions for reconsideration had Washington, DC 20590. which was enacted in 1998. TEA 21 passed. Under agency regulation (49 SUPPLEMENTARY INFORMATION: required us to issue a rule amending CFR 553.35(a)), late filed petitions for FMVSS No. 208: reconsideration are treated as petitions Table of Contents to improve occupant protection for occupants for rulemaking. However, BMW and I. Background of different sizes, belted and unbelted, under Autoliv’s petitions did not raise any II. Petitions for Reconsideration Federal Motor Vehicle Safety Standard No. issues that had not also been addressed III. Summary of Response to Petitions 208, while minimizing the risk to infants, by timely petitions. Thus as a practical IV. Seat Positioning Procedures children, and other occupants from injuries matter, the issues in BMW and Autoliv’s A. Barrier Test (5th Percentile Adult and deaths caused by air bags, by means that include advanced air bags. petitions will be considered as part of Female Test Dummy), Low Risk the agency response to the timely-filed Deployment Test (5th Percentile Eight petitions for reconsideration of petitions for reconsideration. TRW Adult Female, 3-year-old, and 6- the Advanced Air Bag Rule were submitted a request for clarification on year-old Test Dummies), and Other submitted to the agency (see Docket No. one of the issues raised by other Test Procedures NHTSA 00–7013). In addition, NHTSA petitioners, namely the positioning of B. Rear Facing Child Restraint System received two requests for clarification the 3-year-old and 6-year-old dummies (RFCRS) (Low Risk Deployment and within the time period for filing for the ‘‘head on the instrument panel Indicant Test Procedures) petitions and three comments that test.’’ Ford submitted a request for C. Low Risk Deployment Test would have been considered petitions interpretation (RFI) concerning dummy Procedures—Seat Track Position for reconsideration had they been timely positioning. To the extent that Ford’s V. Test Dummy Positioning Procedures filed. RFI overlaps timely petitions, it will be Petitioners raised a large number of A. Left foot—5th Percentile Adult addressed in this document. Several concerns about the various test Female Test Dummy (Barrier Test) supplemental docket submissions were procedures in their written submissions. B. Right Foot—5th Percentile Adult also made after the deadline. These To adequately address these issues, the Female Test Dummy (Barrier Test) documents provided additional agency held a technical workshop so C. Chin-on-Steering Wheel Test information on issues previously raised that we could better understand the Procedure in the petitions for reconsideration. In specific concerns and better determine D. Head-on-Instrument Panel Test addition, Evenflo, a child restraint if the test procedures needed Procedure manufacturer, has petitioned the agency 1. Test Dummy Height refinement.1 All submissions were addressed in to remove certain Evenflo restraints 2. Torso Positioning from Appendix A and replace them E. Hand Positioning the agency response published in the Federal Register on December 18, 2001 with other models. Some of the issues VI. Planes, Points, and Definitions raised by that petition are discussed in A. Plane B and several changes were made to the today’s rule. B. Plane D and Plane C Advanced Air Bag Rule (66 FR 65376; C. Point 1 (Low Risk Deployment Docket No. NHTSA 01–11110) In this document, we are responding Test) (December 2001 final rule). These to those portions of the petitions D. ’’Air Bag System’ changes included a number of regarding detailed seat and test dummy VII. Miscellaneous Issues refinements to the test dummy positioning procedures, positioning A. Separation in Test Speed Between positioning procedures for the 5th reference planes, low risk deployment the Low Risk Deployment Indicant percentile adult female, 12-month-old, and unbelted barrier test speeds, and the Unbelted Barrier Test 3-year-old, and 6-year-old test dummies inclusion of CRSs in FMVSS No. 208 B. Test Procedures for Automatic used in the barrier tests and the low risk Appendix A for suppression testing, and Suppression Requirements (Belt deployment tests. The December 2001 the use of neck and chest injury criteria Cinching) final rule also amended the list of child in in-position tests. The remaining C. Appendix A of FMVSS No. 208 restraint systems in Appendix A for use issues raised by petitioners have been D. Neck and Chest Injury Criteria in certain compliance tests. The list was addressed in a previous notice. (68 FR E. Technical Corrections of the amended to remove those restraints no 504; January 6, 2003.) Regulatory Text longer in production and replacement III. Summary of Response to Petitions VIII. Rulemaking Analysis and Notices restraints were added. As previously noted, this document II. Petitions for Reconsideration I. Background addresses the remaining issues raised in On May 12, 2000, we published an We have received eight petitions for the petitions for reconsideration: Issues interim final rule to require advanced reconsideration of the December 2001 impacting seat positioning procedures air bags (65 FR 30680: Docket No. and dummy positioning procedures, NHTSA 00–7013; Notice 1) (Advanced 1 The workshop was held on December 6, 2000 at other test procedure clarifications, NHTSA’s Vehicle Research and Test Center in East Air Bag Rule). The rule addressed the Liberty, Ohio. Representatives of 18 vehicle issues associated with the child risk of serious air bag-induced injuries, manufacturers and 13 seat, sensor, and dummy restraints specified in Appendix A of particularly for small women and young manufacturers attended the workshop. Five FMVSS No. 208, and corrections to children, and amended Federal Motor different vehicles were used as test vehicles. Some inadvertent changes that were made to of the five had been provided by manufacturers Vehicle Safety Standard (FMVSS) No. because they were experiencing particular problems the regulatory text in the December 2001 208, Occupant crash protection, to with the existing test procedures in these vehicles. final rule.

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We are amending several seat dummy is moved forward its height is following the seating procedure. With positioning and dummy positioning test to be maintained from the point the respect to S16.2.10.3.2, Autoliv stated: procedures for the purpose of dummy loses contact with the seat The problem arises if [the correct mid- clarification and to accommodate design cushion. The low risk deployment position] results in a discrepancy between diversity. Based on petitioners requests, testing positioning procedures are also the seat cushion angle and the ‘‘seat cushion the dummy positioning procedures for amended to reflect that the femur angle reference angle’’—where do you hold the the barrier test and the low risk of the test dummy with respect to the height as you adjust the cushion angle? It deployment test with the 5th percentile horizontal plane must be maintained. would seem logical that the midpoint height adult female test dummy are being In response to petitions to amend the should be held at the h-point, but this is not amended for clarity. The positions will reference point for positioning out-of- the most convenient reference to use, as it is not an actual part of the seat. (Docket No. be maintained as initially intended, but position dummies, we are establishing NHTSA 2001–11110–7.) the regulatory text is modified to clarify an objective method to transfer a point the descriptions of seat adjustment onto the air bag cover, relying on the Mitsubishi questioned whether the controls and to add a definition of ‘‘seat volumetric center of the folded air bag revised S16.2.10.3.3 takes into account cushion reference.’’ To clarify the seat and the volumetric center of the static the type of seat cushion capable of being set-up for the infant low risk inflated air bag. adjusted up and down independently of deployment test using RFCRSs, we are This document also deals with issues the seat back, or if S16.2.10.3.3 applies amending the regulatory text to specify associated with child restraints only to up and down height adjustment that the test is to be performed with the specified in Appendix A of FMVSS No. mechanisms as they relate to the whole seat in the full forward position only. To 208, and sets forth the methodology that seat. further clarify the infant low risk the agency will utilize in making Ford, in its RFI, asked a related deployment test seat set-up and changes to the appendix in the future. question about the position of the seat eliminate any inadvertent confusion Specifically, the appendix is amended in the low risk deployment test with the created by the December 2001 final rule, to remove CRSs that are no longer in 5th percentile adult female test dummy we are also amending the seating production and add CRSs that have the (S26.2.3). Ford asked: positioning procedure for the 64 km/h LATCH system. Several minor, non- Is a seat with separate controls/mechanism (40 mph) indicant test to specify that it substantive changes are also made to the for adjusting the front and rear seat height an be performed at the full forward, final rule. example of an ‘‘independent seat cushion middle, and full rearward seat positions. While the effective date of the angle adjustment mechanism’’? If it is, then would setting front and rear heights We are denying petitioners’ request that amendments adopted today is sixty days the passenger low risk deployment independently to their respective mid height after publication, manufacturers may positions represent the proper seat cushion indicant test only be performed with the choose to comply with the new angle setting? seat in the mid-track position. requirements prior to such time. If Based on these petitions, there As a result of issues raised by asked, manufacturers will be required to appears to be some confusion in how to petitioners and to address the use of tell NHTSA which set of requirements position the seat, both in terms of height asymmetrical seats, the dummy it relied on in certifying a particular and seat cushion angle, as well as the positioning procedures for the 5th vehicle. percentile adult female test dummy in interaction between these two the barrier tests and the procedures for IV. Seat Positioning Procedures requirements. Therefore, the agency is amending the regulatory language to advanced air bag tests with a CRS now A. Barrier Test (5th Percentile Adult clarify the positioning procedures in reference the seating reference point Female Test Dummy), Low Risk S16.2 and S26.2 of FMVSS No. 208. The (SgRP) when determining the Deployment Test (5th Percentile Adult position will be maintained as initially longitudinal centerline of a bucket seat Female, 3-Year-Old, and 6-Year-Old intended, but is now clarified by the cushion. Test Dummies), and Other Test In this document, we also address modification of the descriptions of seat Procedures several issues that deal with dummy adjustment controls and the addition of positioning procedures. We are Based on requests for clarification in a definition of ‘‘seat cushion reference.’’ establishing a prioritized list of three several petitions for reconsideration, we The regulatory text frequently uses foot positioning adjustments to clear are amending the regulatory language to the term ‘‘controls which move the seat undesirable contact by the left foot of clarify the seat positioning procedures fore and aft,’’ and in traditional seat the 5th percentile adult female test for the barrier test and low risk designs this would refer to the seat track dummy in the barrier tests. In response deployment testing procedures. In their adjustment. In fully powered seats there to a request for guidance in the petitions for reconsideration, Mitsubishi is typically an analogous control. instances where the heel of the right and Autoliv requested clarification of However, both the manual and powered foot cannot initially contact the vehicle the requirements for seat cushion height adjustments often also cause the seat floor, the agency is amending the and angle as they relate to the mid- height to change slightly, due to the compliance test procedure to allow for height determination. The December pan/seat track angle from horizontal. As the extension of the lower leg towards 2001 final rule amended the seating a result there may not be a seat the accelerator. The procedure for procedure for the 5th percentile adult adjustment mechanism that solely positioning the test dummy in the female test dummy in the barrier test. moves the seat fore and aft. Therefore, driver’s seat for the low risk deployment The amendments addressed the in S16.2 and S26.2, we are amending test is amended to limit adjustment potential problem of early dummy ‘‘seat adjustment’’ to include the phrase, positions so there is no contact between contact with the steering wheel, steering ‘‘control which primarily moves the seat the dummy legs and the steering wheel. column, or knee bolster when the fore and aft.’’ (Emphasis added.) For As a result of issues raised by dummy is in the full forward position. consistency, similar amendments are petitioners, the positioning procedures Autoliv stated that there is sometimes being made to S16.3 and S26.3. for the 3-year-old and 6-year-old a conflict between achieving the true S20, S22, and S24, which define test dummies in low risk deployment testing midpoint height and maintaining the procedures for the suppression and low are amended to indicate that as the seat cushion reference angle when risk deployment testing for 12-month-

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old, 3-year-old, and 6-year-old dummies Section 20.1.2 states that certification is ‘‘manufacturer’s to rely on seat track and activation testing using the 5th required at full forward, middle and full based systems to assure a low risk percentile adult female test dummy, rearward positions. S20.4.1, which is deployment at speeds up to 26 km/h (16 respectively, utilize the seat cushion under the low risk deployment test mph).’’ 66 FR 65376, 65393. reference angle generated in procedure, simply specifies a full The Alliance again petitioned the S16.2.10.3.1. Although petitioners did forward position. DaimlerChrysler agency to amend S22.5 so that for not refer to these sections, we believe recommended that if it is the agency’s systems that do not rely on seat-track- that consistency between S16 and S26 desire to perform the low risk based sensors to determine the air bag and S20, S22, and S24 is important. As deployment test in the full forward deployment stage, the low risk such, these sections are being similarly position, the agency should place the deployment 26 km/h (16 mph) indicant amended. phrase ‘‘unless otherwise specified’’ test would only be performed at the For additional clarification, we are into S20.1.1. This would be consistent mid-track position. The Alliance stated adding a definition of ‘‘seat cushion with the regulatory text covering the 3- that for such systems, testing in all reference point’’ (SCRP) as a new year-old low risk deployment test in positions was superfluous. section, S16.3.1.12. The SCRP is a point S22.1.2. There is not sufficient reason to grant on the side of the seat cushion. This We do not believe there is any Alliance’s request. The test is done definition, along with seat cushion inconsistency between the general simply to determine the stage of air bag angle, clearly specifies the desired seat seating positioning procedures and the deployment and is not required to have position. The mid-height positioning low risk deployment tests. Although an instrumented dummy. If a previously specified in S20, S22, and S20.1.2 does not make the qualifying manufacturer’s system is not affected by S24 is maintained, but now defined in statement, ‘‘unless otherwise specified,’’ seat track position, then the seat terms of the SCRP. S20.1.9, Seat set-up, does. However, in position will not influence the air bag It is also important to note that if the order to alleviate confusion, we are deployment stage(s), and only a single regulatory text requires ‘‘seat amending S20.1.2 to include the phrase test would be needed. adjustment,’’ this is a change in position ‘‘unless otherwise specified.’’ The text of the entire seat including the seat in S20.1.2 is now consistent with V. Test Dummy Positioning Procedures cushion and back. If ‘‘seat cushion’’ or S22.1.2 and S24.1.2, which specify seat A. Left Foot—5th Percentile Adult ‘‘seat back’’ is specified, it indicates track positions in the General Provisions Female Test Dummy (Barrier Test) adjustment of these components for the requirements using the 3-year- independent of the rest of the seat. old and 6-year-old, respectively. We are clarifying the guidance for We recognize that the amendments In light of the petitioner’s confusion, pedal interference with the dummy’s made to the barrier tests that use the 5th the agency is also amending S20.4.9, left foot by establishing a prioritized list percentile adult female test dummy may which specifies the required seating of avoidance positioning and we are be appropriate for incorporation into the position for the 64 km/h (40 mph) extending this guidance to avoiding barrier tests that use the 50th percentile indicant test. It may have been unclear undesirable contact with the foot rest. adult male test dummy. However, we from the text in the December 2001 final The December 2001 final rule amended also recognize the time sensitive nature rule that the indicant test is to be the driver’s left foot positioning of the petitions for reconsideration and performed in the rearward facing requirement for the 5th percentile adult the need to address the issues raised in position at the full forward, middle, and female test dummy under FMVSS No. those petitions. Therefore, at this time full rearward seat positions. In the 208, by stipulating that the foot must we are not incorporating such December 2001 final rule, the position not be placed on the foot rest or wheel- amendments into the barrier tests that reference in S20.4.9 was changed from well projection. Mitsubishi, Honda, and use the 50th percentile adult male S20.2.1 to S20.4. This change served to Toyota have further petitioned the dummy, but may consider such changes emphasize that only the rearward facing agency regarding procedures for at a later date. position of the CRS is necessary for the positioning the left foot of the 5th 64 km/hr (40 mph) indicant test. percentile adult female test dummy in B. Rear Facing Child Restraint System However, this had the inadvertent effect the barrier test. Mitsubishi, Toyota, and (RFCRS) (Low Risk Deployment and of limiting the indicant test to only the Honda recommended revisions to the Indicant Test Procedures) full forward position of the seat. This placement of the left foot. In the December 2001 final rule, the was not our intent. Therefore, S20.4.9 is Mitsubishi and Honda petitioned the agency specified seat track, seat height, amended to reference S20.4 for the agency to allow the left foot of the head restraint, and seat back angle in dummy positioning and S20.2.1 for the dummy to be placed on the foot rest in the positioning procedures for each of seat track positions; full forward, the frontal barrier test, just as the 50th the low risk deployment tests, including middle, and full rearward. percentile adult male dummy’s foot is the infants in RFCRS test option. placed in the frontal barrier test. Toyota DaimlerChrysler subsequently C. Low Risk Deployment Test suggested a revision to S16.3.2.2.3 to petitioned the agency, requesting Procedure—Seat Track Position avoid a conflict between the knee and clarification as to whether the infants in We are denying the petition to amend foot positions. RFCRS test option, under the the seat track position requirements for Honda stated that if, because of the requirements of S19.3 of FMVSSS No. the low risk deployment 26 km/h (16 variability of the knee positioning, a 208, is performed with the seat in the mph) indicant test under S22.5. The small part of the left foot sits on the foot full forward position only, or in the full Advanced Air Bag Rule specified the rest there will be an increase in chest forward, middle, and full rearward use of the 50th percentile adult male and femur loads due to ankle rotation. positions. test dummy in the mid-track position. Honda additionally stated that if DaimlerChrysler claimed that there is The December 2001 final rule amended positioning resulted in the left foot an inconsistency in the seating position the passenger side requirement to a 5th resting on the foot rest, ‘‘it is not natural requirements of the General Provisions percentile adult female test dummy or reasonable that the foot should be of S20.1.2 and the low risk deployment seated in any track position. The agency moved rearward so that the heel does test procedure specified in S20.4.1. stated that it did not want not contact the foot rest.’’

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Mitsubishi requested guidance on B. Right Foot—5th Percentile Adult dummy chin hooking on the steering what should be done to avoid foot rest Female Test Dummy (Barrier Test) rim. As part of the response, we contact. They stated that the dummy Autoliv petitioned the agency to provided a well-defined contact point could be rotated about the center of the provide guidance on instances where on the chin. Another part of the waist area to get the foot off of the foot the driver’s right foot cannot reach the response was to allow for the rest. Mitsubishi also requested guidance floor when positioned according to repositioning of the steering wheel, if on what to do if the foot were to get S16.3.2.2. Autoliv stated that one necessary, to get the chin and steering wheel to the proper relative position. caught behind the clutch or brake pedal solution would be to lower the seat, but Volkswagen stated that this change or between the pedal and the foot rest. that this may not work for all vehicles. could result in more stringent Toyota stated that placing the left The Ford RFI also indicated that there requirements, yet as the agency stated in knee ‘‘the same distance from the are some Ford models where the the December 2001 preamble, ‘‘(t)he midsagittal plane of the dummy as the driver’s right heel cannot touch the floor purpose of the chin-on-rim test is to right knee,’’ as specified by S16.3.2.1.8, while maintaining the specified contact determine the risk of injury when a would naturally position the left foot on with the accelerator. person’s chest is directly in the path of the foot rest. However, according to Autoliv’s request for guidance has the deploying air bag.’’ (66 FR 65376, S16.3.2.2.3, the left foot is not to be merit; however, the agency does not 65396.) The goal has always been to test placed on the foot rest. Toyota stated believe that lowering the seat is an that priority should be given to in the worst-case configuration. acceptable solution for any vehicle. To Autoliv stated that they were positioning the dummy so that the left address the situation where the heel concerned that lowering the steering foot is not on the ‘‘wheel-well projection cannot initially contact the vehicle wheel to position the rim for contact or foot rest.’’ floor, the agency is amending the with the dummy chin may pin the We have determined that further compliance test procedure to allow for occupant in place, affecting the dummy guidance is required as to the necessary the extension of the lower leg towards injury readings. Autoliv petitioned the action to be taken if foot rest/wheel well the accelerator pedal rather than leaving agency, asking for clarification on the contact occurs. The regulatory text, in the leg hanging vertically. For the amount of ‘‘effort’’ that should be S16.3.2.2.5, does give guidance on what situation where the heel can initially exerted in positioning the steering to do if pedal interference occurs. We contact the floor, but cannot maintain wheel if contact occurs with the dummy are clarifying the guidance on pedal contact and reach the pedal, lower leg legs. Ford raised similar concerns in interference and extending it to foot rest extension with the heel leaving the floor their RFI. Autoliv also requested contact. is also the preferred position. If the final clarification on whether the agency’s Currently, to avoid pedal contact, the position results in the heel being off of intent was to allow angular adjustment foot may be rotated and, if necessary, the floor, a spacer block is to be used to of the steering wheel, and, if adjustment the leg may be rotated at the hip. support the foot. other than angular adjustment of the Although rotation of the foot and hip C. Chin-on-Steering Wheel Test steering wheel is allowed, what is the may be effective at clearing contact with Procedure order of adjustment. the pedals, in vehicles with a small In response to the question raised by The Advanced Air Bag Rule adopted space between the pedal and foot rest, Autoliv, S26.3.7 is amended. The a low risk deployment test to address this action may lead to contact with the regulatory text will now limit the risk air bags pose to out-of-position foot rest. However, an effective means of adjustment to positions that would not drivers, particularly those of small clearing both pedal and foot rest/wheel cause contact between the dummy legs stature. The test is performed using two well contact may be to fit the foot under and steering wheel. This is consistent ‘‘worst case’’ positions: placing the the pedal. To achieve this, the ankle with the dummy positioning in the rigid dummy’s chin on the module and joint may need to be extended such that barrier test, which uses the 5th placing the dummy’s chin on the the toes are closer to the toe pan. percentile adult female test dummy steering wheel. The December 2001 (S16.3.2.1.8). We are establishing a prioritized list final rule amended S26.3.7 of FMVSS Conversely, clarification is not of three foot positioning adjustments to No. 208 to specify a point on the necessary in the regulatory text related clear the undesirable contact. In order, dummy’s chin, which is to rest on the to the allowable types of steering wheel starting with highest priority, the first is upper most point of the steering wheel, adjustment. S26.3.2 indicates that the foot rotation (adduction/abduction), the to adequately ensure that the dummy’s geometric center of the entire range of second is ankle joint extension (foot chin would not catch on the steering steering wheel adjustments is to be plantar flexion), and the third is leg wheel. found. Therefore, when positioning the rotation at the hip. Each subsequent Volkswagen stated that the December steering wheel to comply with S26.3.7, adjustment allows all previous 2001 amendments to S26.3.7 introduced the tester is not limited to angular adjustments. additional steering wheel adjustment adjustment. Further, it is not necessary For some vehicles there may be no that could significantly affect the to specify the order of adjustment. position which totally avoids pedal and stringency of the test because of the Although it may be technically correct foot rest contact. For these situations, lower position. They believed that there that the point of contact on the steering pedal avoidance has priority. This may, was no justification presented for the wheel may not be unique, i.e., there may in some small percentage of vehicles, change and petitioned to amend the test be a line of potential contact points, we force the foot to rest partially on the foot as prescribed under the Advanced Air believe the variation in the steering rest. Although some petitioners wished Bag Rule. wheel orientation will be quite small. to avoid such positioning, the only other We believe the change in steering Mitsubishi stated that the preamble to alternative would be to force foot wheel position was justified. Toyota’s the December 2001 final rule appears to positioning on the entire foot rest. petition for reconsideration of the state that the initial thorax instrument However, we believe that this is a more Advance Air Bag Rule asked that cavity rear face angle should take unnatural position than partial foot rest NHTSA provide a more detailed test precedence during dummy position, but contact. procedure to avoid the possibility of the further on in the preamble it appears

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that keeping the dummy parallel to the stated that dummy torso rotation could In conducting compliance tests, the steering wheel angle should take result in a relatively severe leg angle, as agency has not experienced the problem precedence. Mitsubishi requested measured against the pelvis, but ‘‘we described by Autoliv and no other clarification on what should take believe it is more critical that the head comments were made related to this precedence during dummy positioning. contact the (IP) than that [the leg] angle issue. The problem could be an anomaly With respect to Mitsubishi’s remain constant.’’ (66 FR 65376, 65395.) in the Autoliv dummy related to wrist comment, positioning the thorax The first statement implies that which if joint interference with the dummy skin. instrument cavity rear face 6 degrees the appropriate head position requires As such, we are denying Autoliv’s forward of the steering wheel angle is the femur to rotate out-of-position with petition with respect to amending the the methodology prescribed to ensure respect to the horizontal plane, this is language on dummy hand positioning. that the dummy torso is parallel to the acceptable. The second statement steering wheel. implies that if the torso to femur angle VI. Planes, Points, and Definitions D. Head-on-Instrument Panel Test must become severe in order to A. Plane B Procedure simultaneously provide the appropriate Based on issues raised by a petitioner, head position while maintaining leg we are amending the dummy seating 1. Test Dummy Height position with respect to the horizontal positioning procedures for the 5th plane, this is acceptable. The December S22.4.3.4 and S24.4.3.4 of FMVSS No. percentile adult female dummy and 2001 final rule amended the regulatory 208 were modified in the December Plane B for child safety tests to reference text to reflect the second statement in 2001 final rule so that, as a dummy is the SgRP. As finalized in the December that it required the femur angle with pushed forward, the height of the 2001 final rule, S16.3.1.10 (general respect to the horizontal plane to be dummy must be maintained. (66 FR provision for the 5th percentile adult 65394.) Autoliv and BMW commented maintained. In their petitions for reconsideration female dummy seating positioning that requiring the dummy’s height to be procedures) and S20.1.10 (general maintained as it is pushed forward did of the December 2001 final rule, Toyota and BMW commented that requiring the provision of the test procedure for the not make sense until the dummy leaves requirements to provide protection for the seat. Clearly, to the extent that a seat thigh position to be maintained under the positioning procedures of S22.4.3.5 infants in rear facing and convertible is not a horizontal flat surface, the child restraints and car beds) of FMVSS dummy height will change until it loses and S24.4.3.5 was not possible because of the molded hip joint of the dummies. No. 208 used the seat cushion centerline contact with the seat cushion. The as a reference (Plane B). The December preamble to the December 2001 final We have determined that in some vehicles, as indicated by the Toyota and 2001 final rule defined the longitudinal rule was silent on the reason for this centerline as being at the center of the restriction. Therefore, S22.4.3.4 and BMW petitions, the required angle between the torso and the femurs is too widest part of the seat cushion. In their S24.4.3.4 are amended to indicate that petition, Mitsubishi stated that for dummy height is to be maintained from small for the dummy to physically accommodate because of insufficient asymmetric seat cushions the centerline the point the dummy loses contact with will not pass through the seat back the seat cushion. articulation. Therefore, we are amending the regulation so that the centerline, and that the difference can 2. Torso Positioning femurs may be released from their be significant. They further stated: S22.4.3.4 and S24.4.3.4 were also horizontal constraints to achieve the (T)he offset dummy position created by modified in the December 2001 final appropriate head position, if a specific positioning the test dummy based on the rule by adding the restriction that, as the condition is met. The orientation of the centerline of an asymmetric seat cushion can dummy is pushed forward the angle of legs is to be maintained with respect to cause the test dummy to shift as the vehicle is towed toward the barrier, which could the thigh with respect to the horizontal the horizontal until a force on the dummy torso of 222 N (50 lb) is adversely affect test repeatability. (Docket had to be maintained. (66 FR 65376, No. NHTSA 2001–11110–2.) 65394.) This was in response to a reached. At that point the legs are petition for reconsideration from Honda, allowed to rotate about their point of Mitsubishi recommended that for in which Honda stated that the leg contact with the seat. If the legs have bucket seats the seat back centerline position could affect the dummy already lost seat contact or lose seat should be used as the reference, but the measurements. Also in response to the contact during the process of leg diagrams they submitted used the SgRP Advanced Air Bag Rule, Volkswagen rotation, the entire dummy is as the reference point. The Ford RFI also and DaimlerChrysler recommended that constrained to rotate about its H-point. requested that S16.3.1.10, under the the dummy femurs be kept parallel to The 222 N (50 lb) force specification general provisions for the 5th percentile the floor pan. was selected because it is less than the adult female test dummy seating The preamble to the December 2001 311 N (70 lb) force specified in S22.4.3.6 positioning procedures, be amended to final rule contained statements that and S24.4.3.6 that can be used to keep reference the SgRP for bucket seats. seemed to contradict each other. First, the dummy in place. The Advanced Air Bag Rule used ‘‘the center of the seat cushion’’ to position the agency stated that we were rejecting E. Hand Positioning the recommendations of Volkswagen the 5th percentile female test dummy in and DaimlerChrysler. (66 FR 65376, Under S22.4.2.2.3, S22.4.3.2.3, the rigid barrier test and Plane B in the 65395.) Then we stated that head S24.4.3.2(c), S26.2.4.5, and S26.3.4.5, child protection tests. In the Mitsubishi contact with the IP is critical, even if the test dummies are to be positioned with petition for reconsideration of the legs must be rotated out of the their hands ‘‘in contact with the thighs.’’ Advanced Air Bag Rule, it asked for horizontal plane.2 The preamble then Autoliv petitioned for the positioning clarification on dummy position relative text to require hands be placed ‘‘beside to the center of the seat cushion. Also 2 Although the preamble made reference to the the thighs.’’ Autoliv stated that they do in response to the Advanced Air Bag horizontal plane (66 FR 65376, 65395), the not believe it is possible to place the Rule, Toyota petitioned for Plane B to regulatory text did not require that the thighs be in hands in contact with the thighs reference the seat’s H-point. In the this plane. Rather, it was required that the thighs maintain their position with respect to the without using tape or some other agency’s December 2001 response to horizontal plane (66 FR 65376, 65416 and 65418). method. clarify the reference point, we defined

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the center of the seat as being center of the opening through which the determine an axis of air bag determined at the widest part of the seat air bag deploys. ‘‘The agency stated in deployment. However, in some cases cushion. We stated that we rejected the preamble of the December 2001 final the bag may not deploy in a uniform or Toyota’s petition because the difference rule that ‘‘[t]his would not necessarily repeatable manner, resulting in an in lateral position between the H-point be the same as the geometric center of unacceptable level of variability in the and the center of the seat, as we were the air bag cover. Rather, it would be the target point. Additionally, we have defining it, would not be significant. geometric center of whatever frame or observed deployments where the cover We believe that the current Mitsubishi casing is used to allow the air bag to deflects the bag and causes it to initially petition raises a valid issue, and are deploy in a controlled manner.’’ squeeze out along an axis away from the amending the definition of the Toyota and Volkswagen petitioned occupant towards the vehicle floor pan. longitudinal centerline of a bucket seat the agency as a result of a lack of clarity This would result in a very low target cushion, which is used in the dummy with the regulatory text. The Ford RFI point. seating positioning procedures also asked for clarification on the target In developing a reference, our initial (sometimes by reference to Plane B) for point as contained in S26.2 (driver out- assumption was that the target point the 5th percentile adult female dummy of-position test Position 1—Chin on should be located somewhere on the air and the positioning procedures for Module). Toyota asked if the geometric bag cover surface because the test advanced air bag tests with a CRS. The center is to be measured for the tear dummy would be in a position to either amended definition now references the seam of the air bag door or for the be struck by the deploying air bag cover seating reference point (SgRP). There are opening through which the air bag or by the air bag pushing through its current seat designs that lack symmetry, deploys. Ford asked if the geometric cover into the passenger compartment. both in terms of seat cushion and seat center should be ‘‘determined in three- A target line could be defined as the back. This may become even more dimensional space,’’ or ‘‘from a intersection of a vehicle’s vertical common with the proliferation of seat- projection of the opening to a single longitudinal plane, which bisects the air mounted side air bags and seats with plane parallel to the steering wheel rim bag laterally, and the portion of the air fully integrated belts. The argument that or to the airbag reaction surface.’’ Ford bag cover surface that is displaced the difference between the middle of the continued: during air bag deployment. The target widest part of the seat and the center of If the cover of the airbag is ‘‘adaptive’’ to point would then be the mid-point of the designated seating position (H-point differing conditions; e.g. varying deployment the target line. While this may be a or SgRP) is not significant may not be path dependent upon resistance to bag relatively simple determination for a valid with some current and future seat opening, which ‘‘opening’’ should be used: rigid door-type cover, it would be designs. the ‘‘opening’’ common to a normal difficult for a flexible flap-type It is the agency’s intent to have the deployment or the anticipated ‘‘alternative configuration because the portion of the 5th percentile adult female test dummy opening’’ for low risk deployment cover displaced during deployment is conditions? and the CRS placed in a normal lateral hard to define. Also, the mid-point of position. Therefore, S16.3.1.10 under Both Toyota and Volkswagen the intersection of the air-bag cover with the dummy seating positioning recommended amended language to the vehicle longitudinal plane may have procedures for the 5th percentile adult clarify the reference point. Toyota no relationship to the path the air bag female test dummy and S20.1.10 under suggested that the phrase of interest be takes when deploying. the test procedures for the child safety changed to the ‘‘point where the air bag Another method considered for tests are amended, for bucket seats, to door intersects the horizontal line defining the target point was to reference the SgRP, which the traveling through the center point of the determine the unobstructed deployment manufacturers will provide to the inflator.’’ Volkswagen stated that in path of the air bag into the passenger agency. order to make the identification of the compartment (Clear Deployment Path We recognize that the amendments target point more objective in the 3-year- Method). Toyota’s recommendation for made to the barrier test that uses the 5th old and 6-year-old dummy tests, the revision to the target point location percentile adult female test dummy may regulatory text describing the target involved the intersection of an be appropriate for incorporation into the point should be amended to read the imaginary axis or ‘‘axis of deployment,’’ barrier tests that use the 50th percentile ‘‘point determined by the perpendicular with the outer surface of the air bag adult male test dummy. However, as projection onto the instrument panel of cover. Toyota recommended that the stated above, we also recognize the time the geometric center of the opening in axis of deployment be defined by the sensitive nature of the petitions for the inflator module through which the centerline of the air bag inflator. This reconsideration and the need to address air bag deploys into the occupant does not work well if the inflator is the issues raised in those petitions. compartment.’’ remotely located with respect to the air Therefore, we are not at this time We agree that the regulatory text bag. incorporating such amendments into the adopted in the December 2001 final rule We have determined that a technique barrier test that uses the 50th percentile is not sufficiently objective, and are similar to the Clear Deployment Path adult male dummy, but may consider establishing an objective method to Method is best for determining the such changes at a later date. transfer a point onto the air bag cover. target point. The technique adopted in The agency considered several methods this document, the Static Inflated Air B. Plane D and Plane C for identifying this point and is Bag Method, is similar to the Clear Path ‘‘Plane D’’ and ‘‘Plane C,’’ which are adopting a method that relies on the Deployment Path Method in that the used to position test dummies in the volumetric center of the folded air bag reference axis passes through the out-of-position test procedures, are and the volumetric center of the static volumetric center of the folded air bag, redefined to reference an axis based on inflated air bag (Static Inflated Air Bag but differs by also using the volumetric the volumetric center of the folded and Method). center of the static inflated air bag. the volumetric center of the static One method considered was the use Determination of the direction of the inflated air bag. The December 2001 of high-speed film or video of the deployment axis is done by blocking the final rule had defined ‘‘Plane D’’ and deploying bag in a static environment air bag vents and inflating the air bag. ‘‘Plane C’’ by referencing the ‘‘geometric and without test dummies present to For air bags that vent through the bag

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material, it may be necessary to seal the should revert back to that specified in concerned that inflatable knee bolsters material to reduce the venting. The the Advanced Air Bag final rule. could negatively impact the volumetric center of the static fully In the preamble to the December 2001 repeatability of the low risk deployment inflated air bag is the second point that final rule we decided against measuring tests, even though they would inflate in the deployment axis passes through. ‘‘Point 1’’ relative to fixed hardware a real crash. Only the infant low risk The intersection of this reference axis because we determined that degree of deployment test is conducted with the and the surface of the dash board or specificity is not required, and also seat belt fastened. Accordingly, any steering wheel hub is the point used to there is very little exposed fixed inflatable restraints incorporated into line-up the dummy for the low risk hardware from which to reference. the seat belt should not impact the test. deployment tests. When marking a While the chest jacket moves about the In order to maximize repeatability, we target point at this intersection, we will dummy’s ribcage the upper edge of the have decided that only the frontal air allow a tolerance of ±6 mm (±0.2 in). A chest jacket remains in largely the same bag should be deployed in the low risk reference point on the dummy is aligned location, making it a preferable point of deployment tests. More specifically, with vertical and horizontal planes that reference. (66 FR 65376, 65395.) only the dash or steering wheel pass through the previously defined Furthermore, ‘‘Point 1’’ was defined in mounted air bag should be deployed in dash board or steering wheel hub target the Advanced Air Bag Rule using the these tests. We do not believe that the point. We will allow the reference chest/rib plate, but was redefined to regulatory text should be amended to planes a tolerance of ±10 mm (±0.4 in) address concerns raised by specify this because there may be a about the target point. This is in manufacturers’ during the December future frontal air bag mounting location recognition that the target point 2000 technical workshop. Based on the other than the dash or steering wheel. placement on the dash board or steering above, we are denying Toyota’s petition The agency also notes that for the wheel hub will have inherent variability to amend the definition of ‘‘Point 1.’’ suppression option, only the frontal air as will the placement of the dummy bag (dash or steering wheel mounted) D. ‘‘Air Bag System’’ reference point on the target. should be suppressed. Again, we have Key to this method is that the air bag DaimlerChrysler requested no data to determine if other must be inflated with sufficient pressure clarification of two issues pertaining to pyrotechnic devices should be that no additional pressure alters the the phrase ‘‘deploy the right front suppressed in the suppression location of the center of volume. In outboard frontal air bag system,’’ as it compliance option. These other devices addition, the inflated air bag must be appears in the test procedures for the should be suppressed at the option of stationary. Thus, it may be necessary to low risk deployment tests (S20.4.9, the manufacturer, who should be in a dampen any inherent oscillation. In S22.4.4 and S24.4.4). First, position to determine the relative merits reality, the agency anticipates that DaimlerChrysler asked if it is the of suppression or deployment. manufacturers will provide the target agency’s intent to have, in addition to The DaimlerChrysler petition also point based on their computer based the air bag, other pyrotechnic devices indicated a concern with the reference drawings of the air bag system and such as seat belt pretensioners, to the ‘‘right front outboard frontal air surrounding structure. inflatable seat belts, inflatable knee bag’’ in S20.4.9, 22.4.4, and 24.4.4. The The Static Inflated Air Bag Method bolsters, etc. also deploy. Second, they more appropriate term and the term provides a more objective procedure point out that if the reference to ‘‘right’’ used elsewhere is ‘‘passenger air bag.’’ and more clearly defines the previous air bags is intended to signify passenger- Accordingly, we have replaced ‘‘right intent of the agency when it specified side air bags, this would not be front outboard’’ with ‘‘front outboard the ‘‘opening through which the air bag appropriate for right hand drive passenger’’ in these sections. For deploys.’’ Furthermore, the Static vehicles. consistency the regulatory text has also Inflated Air Bag Method does not have While neither ‘‘air bag [system]’’ or been amended to replace the term ‘‘left the major disadvantages of the other ‘‘inflatable restraint [system]’’ is defined front outboard frontal air bag’’ with methods discussed. in FMVSS No. 208 or any other place in ‘‘driver frontal air bag’’ in S26.4. The agency will monitor the 49 CFR Part 571, the intent of the term VII. Miscellaneous Issues deployment path of air bags using high- ‘‘air bag’’ is to describe the components speed cinematography during that make up the passenger-side dash- A. Separation in Test Speed Between compliance and research test programs mounted and driver-side steering wheel the Low Risk Deployment Indicant and to confirm that our method continues to hub-mounted, inflatable restraints used the Unbelted Barrier Test adequately represent the trajectory of for occupant protection in a frontal DaimlerChrysler petitioned the the air bag itself. impact. This does not refer to any other agency to amend FMVSS No. 208 such pyrotechnic system such as a belt C. Point 1 (Low Risk Deployment Test) that a 14 km/h (9 mph) separation exists pretensioner or inflatable knee bolster. between the low risk deployment The December 2001 final rule We are not aware of other pyrotechnic indicant test (S22.5) and the Unbelted redefined the location of ‘‘Point 1’’ to devices contemplated for vehicles in Barrier Test (S5.1.2(b) and S16.1(b)). place it in a location relative to the frontal impacts, such as inflatable belts The petition is denied. DaimlerChrysler upper edge of the chest jacket rather or inflatable seat components intended had previously requested similar than the center of the chest/rib plate. to reduce occupant submarining, but amendments in comments to the (‘‘Point 1’’ is a point on the child such devices would not be included in Supplementary Notice of Proposed dummy’s chest used for positioning the the term ‘‘air bag.’’ Rulemaking (SNPRM) (64 FR 60556; dummy in the low risk deployment tests The agency has no data on the effect November 5, 1999) and comments to the under S22.4 and S24.4.) Toyota stated deploying devices other than the frontal Advanced Air Bag Rule.3 that the new location of ‘‘Point 1’’ on air bag will have on the Advanced Air In the SNPRM, the agency proposed a the flexible jackets of the 3-year-old and Bag Rule low risk deployment test 29 km/h (18 mph) indicant test. We 6-year-old dummies will result in procedure. Nor do we have any data on variability. Further, they petitioned that the performance of any of these other 3 See, DaimlerChrysler’s comments and petitions because this change was made without pyrotechnic devices for out-of-position at NHTSA–1999–6407–44 and NHTSA–2001– sufficient notice, the regulatory text occupants in the field. We are 11110–7.

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further proposed a minimum unbelted Thus, if a vehicle manufacturer faces a B. Test Procedures for Automatic test speed of 29 km/h (18 mph) and situation where deployment of both stages of Suppression Requirements (Belt stated we were considering a maximum a dual stage air bag is necessary to meet the Cinching) unbelted barrier test requirements for 50th unbelted test speed of between 40 and percentile adult male dummies in a 32 km/ In compliance testing for the 48 km/h (25 and 30 mph). In h (20 mph) crash test, and, because of gray automatic suppression features with DaimlerChrysler’s comments to the zone issues, it is possible that both stages CRSs under S20.2, S22.2, and S24.2, the SNPRM, it requested that the only may fire in a 26 km/h (16 mph) crash, the belted tests require the seat belt to be unbelted test speed should be 40 km/h manufacturer can design its air bag system, cinched down at 134 N (30 lb) as (25 mph). It further commented that the using occupant recognition technology, so that only the first stage will fire in the measured at the outboard section of the indicant test should be at a speed of 24 lap belt. Some manufacturers place a km/h (15 mph) so that a 16 km/h (10 presence of 5th percentile adult female dummies in crash tests at these severity button (latchplate button) on belts, mph) ‘‘gray zone’’ would exist between levels. (66 FR 65376, 65384.) which can prevent the belt from being the two tests. DaimlerChrysler and other cinched down to the required level. commenters stated that there was a In DaimlerChrysler’s petition for reconsideration to the December 2001 These buttons are placed on belts to conflict between meeting the low risk keep the buckle from sliding down on requirements and meeting the unbelted final rule, it again requested additional test speed separation and repeated its the unsecured belt, ensuring that the rigid barrier test with the 50th latchplate remains accessible by percentile adult male test dummies. desire for a 14 km/h (9mph) separation. It also stated that the agency restricting the movement of the Air bags designed to vary their misinterpreted DaimlerChrysler’s latchplate on the seat belt. In the performance in response to sensed petition to the Advanced Air Bag Rule, December 2001 final rule, we stated differences in crash severity or other in that an unbelted test speed of 40 km/ that: conditions have a range of conditions in h (25 mph) was only one potential result While we are not adding a provision to the which the air bag changes from one of a 14 km/h (9mph) test speed regulatory text, we do intend to remove the level of performance to another; i.e. separation. It gave the example of plastic button if it prevents us from reaching ‘‘gray zones.’’ At very low speeds, there conducting the low risk deployment a 134 N (30 lbf) force. This button is not may be uncertainty within a gray zone indicant test at 23 km/h (14 mph) with required under any Federal motor vehicle safety standards. (66 FR 65376, 65389.) about whether the air bag will deploy or a minimum test speed for the unbelted not deploy, and at higher speeds, there test of 37 km/h (23 mph). It further DaimlerChrysler petitioned the agency will be uncertainty about which level of stated that using the 5th percentile adult to require that no compliance test performance will be triggered. female test dummy in the indicant test procedure detailed in S20.2, S22.2, or Manufacturers stated that in many cases provides no relief because the problem S24.2 allow the removal of latchplate a first stage air bag that would not harm at hand is one of crash severity sensing buttons. DaimlerChrysler claimed that children would not be sufficient to and not occupant classification. this button is necessary to meet the satisfy the injury criteria performance The agency may have provided a requirement of S7.4.4, Latchplate limits for the 50th percentile adult male single interpretation of access, of FMVSS No. 208, and that test dummy in a test at 40 km/h (25 DaimlerChrysler’s previous petition for testing requiring the removal of the mph) and may be insufficient to certify a 14 km/h (9 mph) separation request by button ‘‘may force manufacturers to compliance in a 29 km/h (18 mph) test. viewing it as a request for a 40 km/h (25 certify to a non-saleable condition.’’ In response to DaimlerChrysler and mph) unbelted test. But given an DaimlerChrysler’s petition with other commenters, the Advanced Air unbelted test of 40 km/h (25 mph), any regard to the latchplate button is denied. Bag Rule reduced the indicant test other interpretation that keeps the It is critical to achieve the cinch down speed to 26 km/h (16 mph) and selected minimum unbelted test below 40 km/h load of 134 N (30 lbf) in order to test the a speed range for the unbelted test of (25 mph) would result in a low risk suppression systems in what we have 32–40 km/h (20–25 mph). In the deployment indicant test speed of less found to be a real world configuration. preamble to the Advanced Air Bag Rule than 26 km/h (16 mph). Keeping the latchplate button (or we stated that we believed the speed The NPRM for the Advanced Air Bag webbing loop in the case of GM difference (6 km/h gray zone) should be Rule (63 FR 49958; September 18, 1998) vehicles) will, in some instances, not sufficient to resolve manufacturers’ proposed 32 km/h (20 mph) as the allow this force to be achieved. concerns. impact speed for the low risk However, for many vehicles the button In DaimlerChrysler’s petition for deployment indicant test. The SNPRM is not a problem. Removing the button reconsideration to the Advanced Air proposed 29 km/h (18 mph) and the to allow achievement of the required Bag Rule, it once again requested Advanced Air Bag Rule required 26 km/ cinch down load allows for the agency additional separation between the h (16 mph) for the low risk deployment to have a more objective requirement. indicant and low risk deployment tests. indicant test. Any further reduction in Further, removal of the button for On this occasion the request was the indicant test speed may result in a suppression testing does not result in reduced to 14 km/h (9 mph) of further reduction in the benefits to vehicle certification in a ‘‘non-saleable separation. The basis for its request was children and adults who happen to be condition.’’ Many other test procedures the same as when it commented on the out-of-position in a crash above this in the FMVSSs require modifications to SNPRM. In the preamble of the threshold speed. This reduction may the vehicle as a specific aspect of December 18, 2001 final rule, the agency create the situation where no bag performance. For example, FMVSS No. stated that DaimlerChrysler was deploys during the indicant test. 207, Seating systems, requires bracing to basically arguing again for an unbelted DaimlerChrysler’s petition provides be added between the seat base and seat test speed of 40 km/h (25 mph) and no new information and makes no new back before pulling on the seat to test denied the petition. However the arguments related to the issue of an the strength of the seat anchorage to the December 2001 final rule did limit the appropriate ‘‘gray zone’’ separating the vehicle. The cinch force required for the test dummy size for the indicant test on low risk deployment indicant test and suppression test is to test a ‘‘worst case the passenger side to the 5th percentile the unbelted test. Therefore, scenario,’’ and removal of the latchplate adult female test dummy. We stated: DaimlerChrysler’s petition is denied. button simply allows the belt to be

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cinched to force levels that reflect this in the appendix. This approach will opposed to the previous list) was scenario. allow us to limit Appendix A to those permissible so long as the manufacturer restraints that represent large portions of notified the agency that it was C. Appendix A of FMVSS No. 208 the CRS market, while including exercising this option. The Alliance, with emphasis added exceptionally large or small restraints. We are concerned that a two-year lead from Mitsubishi, Volkswagen, and We believe a combination of restraints time could result in a greater percentage Porsche, petitioned for changes to is needed to assure the robustness of of the CRSs in Appendix A being Appendix A of FMVSS No. 208. automatic suppression systems under removed from production before the Appendix A lists which car beds and real world conditions. amended appendix takes effect. CRSs the agency may use to test the We believe this annual review will Additionally, the one-year lead time is suppression system of a vehicle. The serve to maintain a spectrum of CRSs in consistent with the agency’s intent that Alliance, Volkswagen, and Porsche the appendix that are representative of occupant detection systems be robust requested that the list include the the CRS population in production at and able to detect any CRS, including production dates for the CRSs. The that time. This routine assessment will those that are relatively new to the Alliance stated that alterations to the ensure that only relatively current market. However, in recognition that CRS list should only be made if the restraints will be used for compliance manufacturers need to know what CRSs alteration will affect certification of a testing. It will also enable NHTSA to will be included as they design their vehicle. Mitsubishi, Volkswagen, and determine the availability of the CRSs new models, we have decided to Porsche believe that surrogate devices and determine any change in design, slightly change our position on lead being developed at UMTRI should other than those that are purely time by making any changes to replace the list of CRSs as soon as cosmetic. Although NHTSA will review Appendix A effective for the next model possible. Mitsubishi requested a 2-year the appendix every year, we may not year introduced one year after phase-in for changes to Appendix A and amend it annually. In those years where publication of the final rule modifying stated that it believes FMVSS No. 213, we tentatively conclude that the Appendix A. (Consistent with our past Child restraint systems, could specify appendix needs updating, we will practice, for this purpose, the model the weight and shell dimensions of publish an NPRM with a 30 day year begins on September 1 of the prior CRSs. However they have not petitioned comment period. This shorter comment calendar year.) This will result in a one to have FMVSS No. 213 amended. period will allow us to issue a final rule to two year lead time. For example, if As noted earlier, Evenflo has also expeditiously, reducing the possibility Appendix A were updated March 1, petitioned the agency to remove certain that a proposed restraint will no longer 2004, the revised appendix would Evenflo seats from Appendix A and be available for purchase on the date of become effective September 1, 2005, a replace them with newer, LATCH publication. period of eighteen months after models. Evenflo states that the older Even with diligent review of publication. We believe this approach seats should be removed because only Appendix A, there may be rare will allow manufacturers to tie their LATCH seats have been manufactured occasions when a new addition to the certification to the automatic since September 1, 2002. list becomes unavailable or undergoes a suppression requirements with the A recent analysis by the agency found significant design change between the introduction of a new model year. that about one fourth of the CRSs time an amendment is proposed and However, as explained further below, currently in Appendix A are no longer when it is issued as a final rule. Under we are concerned about the fact that available. This is indicative of the this limited circumstance, the agency CRSs with LATCH (Lower Anchors and dynamic nature of the CRS industry. would not use the unavailable or altered Tethers for Children) are increasingly Because of the nature of this industry, CRS for compliance testing and the used in the real world for transporting NHTSA has decided to perform an manufacturers would likewise be children. There have been no CRSs with annual review of Appendix A with the relieved of any burden to procure the LATCH included in Appendix A since objective of making appropriate CRS or use it to test for suppression. the initial publication of the May 2000 updates. The number of CRSs in Conversely, if a CRS becomes Advanced Air Bag Rule. Therefore, for Appendix A may change slightly as it is unavailable or is altered after this final rule, we are taking exception updated. This is because the review may publication of the list, we will assume to our future process and are requiring identify different trends in the use of that the manufacturer was able to that the effective date for the CRSs listed CRSs from prior periods. Because it is acquire the CRS and has it available for in this notice be September 1, 2004. impossible to know the nature of these certification testing. The effect of this The September 1, 2004 effective date trends, we cannot commit to increasing requirement is that vehicle for Appendix A should not present a or decreasing the number of restraints in manufacturers and NHTSA will need to problem for manufacturers. By Appendix A by a set number. As a procure all child restraints listed in September 1, 2004, LATCH attachments general guideline, however, we believe Appendix A not already in their will have been required for two years, the number of CRSs should not vary by possession when the list is published. as established under the March 5, 1999 more than 10–20 percent absent The preamble to the December 2001 final rule (64 FR 10786). Vehicle dramatic changes in the design of final rule stated that, to provide manufacturers have been aware of the restraints. sufficient lead time for vehicle changes to CRSs and should have been In deciding whether to amend compliance, any future changes to testing accordingly. Even if the CRSs Appendix A, NHTSA will consider a Appendix A would have an effective used for testing by the manufacturers number of factors, such as whether a date of one year after publication of the were not the models in Appendix A, the particular restraint has been a high amended list. 66 FR 65376, 65390. This LATCH mechanisms should be volume model, whether it has mass and means that after a new CRS appears in substantially similar. As such, providing dimensions that are representative of Appendix A, manufacturers would not less than one year of lead time for many restraints on the market, whether have to certify compliance of their compliance with the amended appendix its mass and dimensions represent vehicles when using that restraint for a is not unduly burdensome. outliers, and whether a variety of full year. We also stated that ‘‘early We have determined that Alliance’s restraint manufacturers are represented compliance’’ with the amended list (as petition for Appendix A to be altered

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only when a change to a CRS would manufacturers to procure all restraints to the list (designated by ‘‘Effective’’). affect vehicle certification is not in the appendix promptly after the Thus, for vehicles produced as of practical from either a regulatory or revised appendix is published. The September 1, 2004, up to 21 child manufacturing perspective. The agency may specify a production end restraints may be used in testing. agency’s knowledge of particular date in an amendment to the appendix D. Neck and Chest Injury Criteria suppression systems, typically, is not if a CRS undergoes a significant change sufficient to allow us to make such without a change in the name and DaimlerChrysler petitioned the determinations. Likewise, limiting model number and the agency wishes to agency to use neck injury criteria (Nij) changes to the appendix based on keep the older version on the list. only in static out-of-position tests and whether a CRS would affect vehicle Beginning in September 2000, vehicle not in belted and unbelted in-position certification could result in manufacturers were required to begin a tests. DaimlerChrysler also petitioned manufacturers designing systems that phase-in of vehicles with child restraint the agency to use a threshold of 73 g for only test obsolete restraints. While such anchorage systems, consisting of a tether the 5th percentile adult female test a scenario may not prove particularly anchorage and two lower anchorages. dummy chest acceleration. problematic from a compliance (See FMVSS No. 225.) CRS In comments to the SNPRM (NHTSA– perspective, it could prove quite risky in manufacturers began selling CRSs with 1999–6407–44) and in a petition for the real world. The intent of requiring LATCH to utilize these vehicle reconsideration on the Advanced Air automatic suppression systems to detect anchorages, and as of September 1, Bag Rule (NHTSA–2000–7013–022), the presence of CRSs that are on the 2002, all CRSs must have LATCH. As DaimlerChrysler asked for this change to market is to ensure that the systems noted by Evenflo, all child restraints the chest acceleration performance limit actually work in the real world. If a currently manufactured, other than as well as expressed a desire for the change to a CRS were clearly cosmetic, booster seats, harnesses, and the car elimination of Nij from the regulation. such as color scheme or upholstery, the bed, are required to have LATCH. In the December 2001 final rule, we list would not be affected. Accordingly, the agency believes it is denied both of DaimlerChrysler’s We continue to believe that the CRS imperative to add some LATCH seats to petitions. In denying the petition for a surrogates under development by the appendix and to have them tested in 73 g threshold, the agency relied on UMTRI are insufficiently representative the next model year. When the crash tests in which the lower thorax/ of the CRS market to adopt at this time. amendments made to Appendix A in abdomen of the 5th percentile adult The surrogates do not attempt to this document are effective, September female test dummy contacted the represent dimensional outliers. As such, 1, 2004, CRSs with LATCH will have steering wheel rim, producing high they cannot ensure the robustness of an been required for almost two years. To chest g measurements and low chest automatic suppression system under reflect this change in the market, two deflection. Chest deflection, measured real world conditions. Additionally, new LATCH CRSs are included in the only at the central upper thorax, and without amending FMVSS No. 213 to amended Appendix A. We have decided chest acceleration with a performance require restraints to be dimensionally against replacing all of the seats other limit of 73 g would not identify these similar to the surrogates, there is no than booster seats and the car bed with cases of steering wheel rim contact as assurance that the surrogates will new LATCH seats because to do so injurious, whereas a performance limit continue to represent even the average would dramatically amend the of 60 g would. See 66 FR 65376, 65398. dimensions of restraints on the market. appendix and would fail to account for The agency also determined that the Nij We have already determined that it is those non-LATCH seats still widely in formula incorporates the relevant inappropriate to amend FMVSS No. 213 use. As subsequent amendments are measurements for evaluating neck to accommodate the requirements of made to the appendix, these older seats injury during frontal impact and that FMVSS No. 208. will be replaced to account for their much of the automotive industry has We recognize that Appendix A is not decreased presence in vehicles. accepted Nij as a valid injury perfect. Indeed, regularly updating the In a related issue, we note that many measurement. See 66 FR 65376, 65399. appendix is a significant amount of child restraint manufacturers place an DaimlerChrysler has not provided any work for the agency. Nevertheless, at expiration date, typically six years, on new information with respect to these this time there is no alternative that will their seats. Given the intent of child two issues in its current petition for test whether automatic suppression restraint manufacturers that the reconsideration. The agency still systems are capable of recognizing those restraints not be used after their concurs with our previous child restraints that are likely to be used expiration date, this information will determination and therefore is denying by the owners of vehicles with also be considered by the agency in DaimlerChrysler’s petition with respect advanced air bags. Appendix A amendment proposals. to the chest g and Nij measurements. We do find that the industry request Appendix A requires that vehicles that we identify specific CRS certified to FMVSS No. 208 S19, S21, or E. Technical Corrections of the production dates has merit. This will S23 and produced between December Regulatory Text allow for a more precise identification 18, 2001 and September 1, 2004 may be S14.3(a) contains a typographical of which CRSs may be used in tested with one car bed, ten rear facing error which is corrected in this compliance testing. However, in future child restraints, seven forward facing document. As correctly identified in the amendments, Appendix A will, as a child restraints, and four booster seats heading, this section applies to vehicles general matter, only include the for a possible 22 child restraints. All of manufactured on or after September 1, production start dates, since the agency the child restraints used in testing must 2007 and before September 1, 2010. The is in no position to know, beforehand, be manufactured after December 1, regulatory text incorrectly states that it when a restraint manufacturer will 1999. applies to vehicles manufactured on or cease production of a particular model. As of September 1, 2004, three of the before September 1, 2007 and before The fact that a particular restraint may rear facing child restraints will not be September 1, 2010. This error has been not be produced for the entire time that used in testing (designated by corrected. it is included in Appendix A ‘‘Terminated’’), while two additional In the December 18, 2001 final rule underscores the need for vehicle forward facing child restraints are added the reference to ‘‘Plane A’’ in S20.2.1.2

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was inadvertently changed to ‘‘Plane.’’ D. Executive Order 13132 (Federalism) any new information collection This error has been corrected. The agency has analyzed this requirements. The dummy positioning procedures rulemaking in accordance with the H. Regulation Identifier Number (RIN) for the 3-year-old test dummy, 6-year- principles and criteria contained in The Department of Transportation old test dummy, and the 5th percentile Executive Order 13132 and has assigns a regulation identifier number adult female test dummy have been determined that it does not have (RIN) to each regulatory action listed in amended to specify a degree of latitude sufficient federalism implications to when positioning a dummy in reference warrant consultation with State and the Unified Agenda of Federal to its midsagittal plane. This tolerance local officials or the preparation of a Regulations. The Regulatory Information is in recognition that the placement of federalism summary impact statement. Service Center publishes the Unified the dummy reference line coincident to The final rule has no substantial effects Agenda in April and October of each a plane or point on the vehicle will have on the States, or on the current Federal- year. You may use the RIN contained in inherent variability. State relationship, or on the current the heading at the beginning of this document to find this action in the VIII. Rulemaking Analyses and Notices distribution of power and responsibilities among the various local Unified Agenda. A. Executive Order 12866 and DOT officials. I. Plain Language Regulatory Policies and Procedures E. Unfunded Mandates Reform Act Executive Order 12866 requires each NHTSA has considered the impact of agency to write all rules in plain this rulemaking action under Executive The Unfunded Mandates Reform Act of 1995 requires agencies to prepare a language. Standard No. 208 is extremely Order 12866 and the Department of difficult to read as it contains multiple Transportation’s regulatory policies and written assessment of the costs, benefits and other effects of proposed or final cross-references and has retained all of procedures. This rulemaking document rules that include a Federal mandate the requirements applicable to vehicle has not been reviewed by the Office of likely to result in the expenditure by of different classes at different times. Management and Budget under E.O. State, local or tribal governments, in the Because portions of today’s rule amend 12866, ‘‘Regulatory Planning and aggregate, or by the private sector, of existing text, much of that complexity Review,’’ because it was not deemed more than $100 million annually remains. Additionally, the availability significant under the executive order. (adjusted for inflation with base year of of multiple compliance options, The rulemaking action has also been 1995). While the May 2000 final rule is differing injury criteria and a dual determined to not be significant under likely to result in over $100 million of phase-in have added to the complexity the Department’s regulatory policies and annual expenditures by the private of the regulation, particularly as the procedures. The agency has concluded sector, today’s final rule makes only various requirements and options are that the impacts of today’s amendments small adjustments to the December 2001 accommodated throughout the initial are so minimal that a regulatory rule, which, in turn, made only small phase-in. Once the initial phase-in is evaluation is not required. Rather, adjustments to the May 2000 rule. complete, much of the complexity will readers who are interested in the overall Accordingly, this final rule will not disappear. At that time, it would be costs and benefits of advanced air bags result in a significant increase in cost to appropriate to completely revise are referred to the agency’s Final the private sector. Standard No. 208 to remove any Economic Assessment for the May 2000 options, requirements, and final rule (Docket No. NHTSA–2000– F. Executive Order 12778 (Civil Justice differentiations as to vehicle class that 7013–02). NHTSA has determined that Reform) are no longer applicable. the costs and benefits analysis provided This final rule does not have any in that document are unaffected by retroactive effect. Under section 49 J. Executive Order 13045 today’s rule. U.S.C. 30103, whenever a Federal motor Executive Order 13045 applies to any B. Regulatory Flexibility Act vehicle safety standard is in effect, a rule that: (1) Is determined to be state may not adopt or maintain a safety ‘‘economically significant’’ as defined We have considered the effects of this standard applicable to the same aspect under E.O. 12866, and (2) concerns an rulemaking action under the Regulatory of performance which is not identical to environmental, health or safety risk that Flexibility Act (5 U.S.C. 601 et seq.) the Federal standard, except to the NHTSA has reason to believe may have This action will not have a significant extent that the state requirement a disproportionate effect on children. If economic impact on a substantial imposes a higher level of performance the regulatory action meets both criteria, number of small businesses because it and applies only to vehicles procured we must evaluate the environmental does not significantly change the for the State’s use. 49 U.S.C. 30161 sets health or safety effects of the planned requirements of the May 2000 final rule forth a procedure for judicial review of rule on children, and explain why the or the December 2001 final rule. Small final rules establishing, amending or planned regulation is preferable to other organizations and small governmental revoking Federal motor vehicle safety potentially effective and reasonably units will not be significantly affected standards. That section does not require feasible alternatives considered by us. since the potential cost impacts submission of a petition for This rulemaking directly involves associated with this rule remain reconsideration or other administrative decisions based on health risks that unchanged from the December 2001 proceedings before parties may file suit disproportionately affect children, final rule. in court. namely, the risk of deploying air bags to children. However, this rulemaking C. National Environmental Policy Act G. Paperwork Reduction Act serves to reduce, rather than increase, NHTSA has analyzed these Under the Paperwork Reduction Act that risk. amendments for the purposes of the of 1995, a person is not required to National Environmental Policy Act and respond to a collection of information K. National Technology Transfer and determined that they will not have any by a Federal agency unless the Advancement Act significant impact on the quality of the collection displays a valid OMB control Section 12(d) of the National human environment. number. This rule does not establish Technology Transfer and Advancement

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Act (NTTAA) requires NHTSA to ■ 2. Section 571.208 is amended by determine the maximum and minimum evaluate and use existing voluntary revising S14.3(a), S16.2.10, S16.3.1, heights of the seat reference point, while consensus standards 4 in its regulatory S16.3.2, S16.3.3, S20.1.2, S20.1.9, maintaining, as closely as possible, the activities unless doing so would be S20.1.10, S20.2.1.3, S20.3.1, S20.4.1, angle determined in S16.2.10.3.1. Set inconsistent with applicable law (e.g., S20.4.4, S20.4.9, S22.1.2, S22.1.7, the seat reference point at the midpoint the statutory provisions regarding S22.2.2.1, S22.2.2.3, S22.2.2.4, S22.2.2.5, height with the seat cushion reference NHTSA’s vehicle safety authority) or S22.2.2.6, S22.2.2.7, S22.3.1, S22.4.1, line angle set as closely as possible to otherwise impractical. In meeting that S22.4.2, S22.4.3, S22.4.4, S24.1.2, the angle determined in S16.2.10.3.1. requirement, we are required to consult S24.2.3, S24.3.1, S24.4.1, S24.4.2, Mark location of the seat for future with voluntary, private sector, S24.4.3, S24.4.4, S26.2.2, S26.2.3, reference. consensus standards bodies. Examples S26.2.4.1, S26.3.1, S26.3.4.1, S26.3.6, * * * * * of organizations generally regarded as S26.3.7, S26.4, and Appendix A, and by S16.3.1 General provisions and voluntary consensus standards bodies adding figure 13 to read as follows: definitions. include the American Society for S16.3.1.1 All angles are measured Testing and Materials (ASTM), the § 571.208 Standard No. 208; Occupant crash protection. with respect to the horizontal plane Society of Automotive Engineers (SAE), unless otherwise stated. * * * * * and the American National Standards S16.3.1.2 The dummy’s neck bracket Institute (ANSI). If NHTSA does not use S14.3(a) For vehicles manufactured for sale in the United States on or after is adjusted to align the zero degree available and potentially applicable index marks. voluntary consensus standards, we are September 1, 2007, and before September 1, 2010, a percentage of the S16.3.1.3 The term ‘‘midsagittal required by the Act to provide Congress, plane’’ refers to the vertical plane that through OMB, an explanation of the manufacturer’s production, as specified in S14.3.1, shall meet the requirements separates the dummy into equal left and reasons for not using such standards. right halves. The agency is not aware of any new specified in S14.5.1(b) (in addition to the other requirements of this standard). S16.3.1.4 The term ‘‘vertical voluntary consensus standards longitudinal plane’’ refers to a vertical addressing the changes made to the May * * * * * plane parallel to the vehicle’s S16.2.10 Driver and passenger seat 2000 final rule or the December 2001 longitudinal centerline. final rule as a result of this final rule. set-up. S16.2.10.1 Lumbar support S16.3.1.5 The term ‘‘vertical plane’’ L. Privacy Act adjustment. Position adjustable lumbar refers to a vertical plane, not necessarily supports so that the lumbar support is parallel to the vehicle’s longitudinal Anyone is able to search the centerline. electronic form of all submissions in its lowest, retracted or deflated adjustment position. S16.3.1.6 The term ‘‘transverse received into any of our dockets by the instrumentation platform’’ refers to the name of the individual submitting the S16.2.10.2 Other seat adjustments. Position any adjustable parts of the seat transverse instrumentation surface comment or petition (or signing the inside the dummy’s skull casting to comment or petition, if submitted on that provide additional support so that they are in the lowest or most open which the neck load cell mounts. This behalf of an association, business, labor surface is perpendicular to the skull union, etc.). You may review DOT’s adjustment position. Position any adjustable head restraint in the lowest cap’s machined inferior-superior complete Privacy Act Statement in the mounting surface. Federal Register published on April 11, and most forward position. S16.2.10.3 Seat position adjustment. S16.3.1.7 The term ‘‘thigh’’ refers to 2000 (Volume 65, Number 70; Pages If the passenger seat does not adjust the femur between, but not including, 19477–78) or you may visit http:// independently of the driver seat, the the knee and the pelvis. dms.dot.gov. driver seat shall control the final S16.3.1.8 The term ‘‘leg’’ refers to List of Subjects in 49 CFR Part 571 position of the passenger seat. the lower part of the entire leg, including the knee. Imports, Motor vehicle safety, S16.2.10.3.1 Using only the controls that primarily move the seat and seat S16.3.1.9 The term ‘‘foot’’ refers to Reporting and recordkeeping the foot, including the ankle. requirements, Tires. cushion independent of the seat back in the fore and aft directions, move the seat S16.3.1.10 The longitudinal ■ In consideration of the foregoing, cushion reference point (SCRP) to the centerline of a bucket seat cushion is NHTSA amends 49 CFR Chapter V as rearmost position. Using any part of any defined by a vertical plane that passes follows: control, other than those just used, through the SgRP and is parallel to the determine the full range of angles of the longitudinal centerline of the vehicle. PART 571—FEDERAL MOTOR seat cushion reference line and set the S16.3.1.11 For leg and thigh angles, VEHICLE SAFETY STANDARDS seat cushion reference line to the use the following references: S16.3.1.11.1 Thigh—a straight line ■ middle of the range. Using any part of 1. The authority citation for part 571 of on the thigh skin between the center of Title 49 continues to read as follows: any control other than those that primarily move the seat or seat cushion the 1/2–13 UNC–2B tapped hole in the Authority: 49 U.S.C. 322, 30111, 30115, fore and aft, while maintaining the seat upper leg femur clamp (see drawings 30117, and 30166; delegation of authority at cushion reference line angle, place the 880105–504 (left thigh) and 880105–505 49 CFR 1.50. SCRP to its lowest position. (right thigh), upper leg femur clamp) S16.2.10.3.2 Using only the control and the knee pivot shoulder bolt (part 4 Voluntary consensus standards are technical standards developed or adopted by voluntary that primarily moves the seat fore and 880105–527 in drawing 880105–528R & consensus standards bodies. Technical standards aft, move the seat reference point to the 528L, sliding knee assembly without are defined by the NTTAA as ‘‘performance-based full forward position. potentiometer). or design-specific technical specifications and S16.2.10.3.3 If the seat or seat S16.3.1.11.2 Leg—a straight line on related management systems practices.’’ They pertain to ‘‘products and processes, such as size, cushion height is adjustable, other than the leg skin between the center of the strength, or technical performance of a product, by the controls that primarily move the ankle shell (parts 880105–609 & 633 in process or material.’’ seat or seat cushion fore and aft, drawing 880105–660, ankle assembly)

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and the knee pivot shoulder bolt (part rearward on the dummy’s knees to force S16.3.2.1.9 For vehicles without 880105–527 in drawing 880105–528R & the pelvis into the seat so there is no gap adjustable seat backs, adjust the lower 528L, sliding knee assembly without between the pelvis and the seat back or neck bracket to level the head as much potentiometer). until contact occurs between the back of as possible. For vehicles with adjustable S16.3.1.12 The term ‘‘seat cushion the dummy’s calves and the front of the seat backs, while holding the thighs in reference point’’ (SCRP) means a point seat cushion. place, rotate the seat back forward until placed on the outboard side of the seat S16.3.2.1.7 Gently rock the upper the transverse instrumentation platform cushion at a horizontal distance torso laterally in a side to side motion of the head is level to within ±0.5 between 150 mm (5.9 in) and 250 mm three times through a ±5 degree arc degree, making sure that the pelvis does (9.8 in) from the front edge of the seat (approximately 51 mm (2 in) side to not interfere with the seat bight. Inspect used as a guide in positioning the seat. side). the abdomen to ensure that it is S16.3.1.13 The term ‘‘seat cushion S16.3.2.1.8 If needed, extend the properly installed. If the torso contacts reference line’’ means a line on the side legs slightly so that the feet are not in the steering wheel, adjust the steering of the seat cushion, passing through the contact with the floor pan. Let the wheel in the following order until there seat cushion reference point, whose thighs rest on the seat cushion to the is no contact: telescoping adjustment, projection in the vehicle vertical extent permitted by the foot movement. lowering adjustment, raising longitudinal plane is straight and has a Keeping the leg and the thigh in a adjustment. If the vehicle has no known angle with respect to the vertical plane, place the foot in the adjustments, or contact with the steering horizontal. vertical longitudinal plane that passes wheel cannot be eliminated by S16.3.2 Driver dummy positioning. through the centerline of the accelerator adjustment, position the seat at the next S16.3.2.1 Driver torso/head/seat pedal. Rotate the left thigh outboard detent where there is no contact with back angle positioning. the steering wheel as adjusted in S16.3.2.1.1 With the seat in the about the hip until the center of the knee is the same distance from the S16.2.9. If the seat is a power seat, position determined in S16.2.10.3.3, use position the seat to avoid contact while only the control that primarily moves midsagittal plane of the dummy as the right knee ±5 mm (±0.2 in). Using only assuring that there is a maximum of 5 the seat fore and aft to place the seat in mm (0.2 in) distance between the the control that primarily moves the seat the rearmost position. If the seat steering wheel as adjusted in S16.2.9 fore and aft, attempt to return the seat cushion reference line angle and the point of contact on the dummy. automatically changes as the seat is to the full forward position. If either of S16.3.2.1.10 If it is not possible to moved from the full forward position, the dummy’s legs first contacts the achieve the head level within ±0.5 maintain, as closely as possible, the seat steering wheel, then adjust the steering degrees, minimize the angle. cushion reference line angle determined wheel, if adjustable, upward until S16.3.2.1.11 Measure and set the in S16.2.10.3.1, for the final forward contact with the steering wheel is dummy’s pelvic angle using the pelvic position when measuring the pelvic avoided. If the steering wheel is not angle gauge (drawing TE–2504, angle as specified in S16.3.2.1.11. The adjustable, separate the knees enough to incorporated by reference in 49 CFR seat cushion reference angle position avoid steering wheel contact. Proceed Part 572, Subpart O of this chapter). The may be achieved through the use of any with moving the seat forward until angle shall be set to 20.0 degrees ±2.5 seat or seat cushion adjustments other either the leg contacts the vehicle degrees. If this is not possible, adjust the than that which primarily moves the interior or the seat reaches the full pelvic angle as close to 20.0 degrees as seat or seat cushion fore-aft. forward position. (The right foot may possible while keeping the transverse S16.3.2.1.2 Fully recline the seat contact and depress the accelerator and/ instrumentation platform of the head as back, if adjustable. Install the dummy or change the angle of the foot with level as possible by adjustments into the driver’s seat, such that when respect to the leg during seat specified in S16.3.2.1.9 and the legs are positioned 120 degrees to movement.) If necessary to avoid S16.3.2.1.10. the thighs, the calves of the legs are not contact with the vehicles brake or clutch S16.3.2.1.12 If the dummy is touching the seat cushion. pedal, rotate the test dummy’s left foot contacting the vehicle interior after S16.3.2.1.3 Bucket seats. Place the about the leg. If there is still these adjustments, using only the dummy on the seat cushion so that its interference, rotate the left thigh control that primarily moves the seat midsagittal plane is vertical and outboard about the hip the minimum fore and aft, move the seat rearward coincides with the vertical longitudinal distance necessary to avoid pedal until there is a maximum of 5 mm (0.2 plane through the center of the seat interference. If a dummy leg contacts in) between the contact point of the cushion, within ±10 mm (±0.4 in). the vehicle interior before the full dummy and the interior of the vehicle S16.3.2.1.4 Bench seats. Position the forward position is attained, position or if it has a manual seat adjustment, to midsagittal plane of the dummy vertical the seat at the next detent where there the next rearward detent position. If and parallel to the vehicle’s longitudinal is no contact. If the seat is a power seat, after these adjustments, the dummy centerline and aligned within ±10 mm move the seat fore and aft to avoid contact point is more than 5 mm (0.2 in) (±0.4 in) of the center of the steering contact while assuring that there is a from the vehicle interior and the seat is wheel rim. maximum of 5 mm (0.2 in) distance still not in its forwardmost position, S16.3.2.1.5 Hold the dummy’s between the vehicle interior and the move the seat forward until the contact thighs down and push rearward on the point on the dummy that would first point is a maximum of 5 mm (0.2 in) upper torso to maximize the dummy’s contact the vehicle interior. If the from the vehicle interior, or if it has a pelvic angle. steering wheel was moved, return it to manual seat adjustment, move the seat S16.3.2.1.6 Place the legs at 120 the position described in S16.2.9. If the to the closest detent position that causes degrees to the thighs. Set the initial steering wheel contacts the dummy’s no contact, or until the seat reaches its transverse distance between the leg(s) prior to attaining this position, forwardmost position, whichever occurs longitudinal centerlines at the front of adjust it to the next higher detent, or if first. the dummy’s knees at 160 to 170 mm infinitely adjustable, until there is 5 mm S16.3.2.2 Driver foot positioning. (6.3 to 6.7 in), with the thighs and legs (0.2 in) clearance between the wheel S16.3.2.2.1 If the vehicle has an of the dummy in vertical planes. Push and the dummy’s leg(s). adjustable accelerator pedal, adjust it to

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the full forward position. If the heel of centerline as far forward as possible position may be achieved through the the right foot can contact the floor pan, with the heel resting on the floor pan. use of any seat or seat cushion follow the positioning procedure in (a). S16.3.2.2.6 If the left foot does not adjustments other than that which If not, follow the positioning procedure contact the floor pan, place the foot primarily moves the seat or seat cushion in (b). parallel to the floor and place the leg as fore-aft. (a) Rest the right foot of the test perpendicular to the thigh as possible. S16.3.3.1.2 Fully recline the seat dummy on the undepressed accelerator If necessary to avoid contact with the back, if adjustable. Install the dummy pedal with the rearmost point of the vehicle’s brake pedal, clutch pedal, into the passenger seat, such that when heel on the floor pan in the plane of the wheel-well, or foot rest, use the three the legs are 120 degrees to the thighs, pedal. If the foot cannot be placed on foot position adjustments listed in (a)– the calves of the legs are not touching the accelerator pedal, set it initially (c). The adjustment options are listed in the seat cushion. perpendicular to the leg and then place priority order, with each subsequent S16.3.3.1.3 Bucket seats. Place the it as far forward as possible in the option incorporating the previous. In dummy on the seat cushion so that its direction of the pedal centerline with making each adjustment, move the foot midsagittal plane is vertical and the rearmost point of the heel resting on the minimum distance necessary to coincides with the vertical longitudinal the floor pan. If the vehicle has an avoid contact. If it is not possible to plane through the center of the seat adjustable accelerator pedal and the avoid all prohibited foot contact, cushion, within ±10 mm (±0.4 mm). right foot is not touching the accelerator priority is given to avoiding brake or S16.3.3.1.4 Bench seats. Position the pedal when positioned as above, move clutch pedal contact; midsagittal plane of the dummy vertical the pedal rearward until it touches the (a) Rotate (abduction/adduction) the and parallel to the vehicle’s longitudinal right foot. If the accelerator pedal in the test dummy’s left foot about the lower centerline and the same distance from full rearward position still does not leg, the vehicle’s longitudinal centerline, touch the foot, leave the pedal in that (b) Plantar flex the foot, within ±10 mm (±0.4 in), as the position. Extend the foot and lower leg (c) Rotate the left leg outboard about midsagittal plane of the driver dummy. by decreasing the knee flexion angle the hip. S16.3.3.1.5 Hold the dummy’s S16.3.2.3 Driver arm/hand until any part of the foot contacts the thighs down and push rearward on the positioning. undepressed accelerator pedal. If the upper torso to maximize the dummy’s S16.3.2.3.1 Place the dummy’s foot does not contact the pedal, place pelvic angle. upper arms adjacent to the torso with the highest part of the foot at the same the arm centerlines as close to a vertical S16.3.3.1.6 Place the legs at 120 height as the highest part of the pedal. longitudinal plane as possible. degrees to the thighs. Set the initial (b) Extend the foot and lower leg by S16.3.2.3.2 Place the palms of the transverse distance between the decreasing the knee flexion angle until dummy in contact with the outer part of longitudinal centerlines at the front of any part of the foot contacts the the steering wheel rim at its horizontal the dummy’s knees at 160 to 170 mm undepressed accelerator pedal or the centerline with the thumbs over the (6.3 to 6.7 in), with the thighs and legs highest part of the foot is at the same steering wheel rim. of the dummy in vertical planes. Push height as the highest part of the pedal. S16.3.2.3.3 If it is not possible to rearward on the dummy’s knees to force If the vehicle has an adjustable position the thumbs inside the steering the pelvis into the seat so there is no gap accelerator pedal and the right foot is wheel rim at its horizontal centerline, between the pelvis and the seat back or not touching the accelerator pedal when then position them above and as close until contact occurs between the back of positioned as above, move the pedal to the horizontal centerline of the the dummy’s calves and the front of the rearward until it touches the right foot. steering wheel rim as possible. seat cushion. S16.3.2.2.2 If the ball of the right S16.3.2.3.4 Lightly tape the hands to S16.3.3.1.7 Gently rock the upper foot does not contact the pedal, increase the steering wheel rim so that if the torso laterally side to side three times the ankle plantar flexion angle such that hand of the test dummy is pushed through a ±5 degree arc (approximately the toe of the foot contacts or is as close upward by a force of not less than 9 N 51 mm (2 in) side to side). as possible to contact with the (2 lb) and not more than 22 N (5 lb), the S16.3.3.1.8 If needed, extend the undepressed accelerator pedal. tape releases the hand from the steering legs slightly so that the feet are not in S16.3.2.2.3 If, in its final position, wheel rim. contact with the floor pan. Let the the heel is off of the vehicle floor, a S16.3.3 Passenger dummy thighs rest on the seat cushion to the spacer block must be used under the positioning. extent permitted by the foot movement. heel to support the final foot position S16.3.3.1 Passenger torso/head/seat With the feet perpendicular to the legs, (see figure 13). The surface of the block back angle positioning. place the heels on the floor pan. If a heel in contact with the heel must have an S16.3.3.1.1 With the seat at the mid- will not contact the floor pan, place it inclination of 30 degrees, measured height in the full forward position as close to the floor pan as possible. from the horizontal, with the highest determined in S16.2.10.3.3, use only the Using only the control that primarily surface towards the rear of the vehicle. control that primarily moves the seat moves the seat fore and aft, attempt to S16.3.2.2.4 Place the left foot on the fore and aft to place the seat in the return the seat to the full forward toe-board with the rearmost point of the rearmost position, without adjusting position. If a dummy leg contacts the heel resting on the floor pan as close as independent height controls. If the seat vehicle interior before the full forward possible to the point of intersection of cushion reference line angle position is attained, position the seat at the planes described by the toe-board automatically changes as the seat is the next detent where there is no and floor pan, and not on or in contact moved from the full forward position, contact. If the seats are power seats, with the vehicle’s brake pedal, clutch maintain as closely as possible the seat position the seat to avoid contact while pedal, wheel-well projection or foot rest, cushion reference line angle in assuring that there is a maximum of 5 except as provided in S16.3.2.2.6. S16.2.10.3.1, for the final forward mm (0.2 in) distance between the S16.3.2.2.5 If the left foot cannot be position when measuring the pelvic vehicle interior and the point on the positioned on the toe board, place the angle as specified in S16.3.3.1.11. The dummy that would first contact the foot perpendicular to the lower leg seat cushion reference line angle vehicle interior.

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S16.3.3.1.9 For vehicles without S16.3.3.3.2 Place the palms of the the vehicle longitudinal centerline adjustable seat backs, adjust the lower dummy in contact with the outside of through the longitudinal centerline of neck bracket to level the head as much the thighs. the front outboard passenger vehicle as possible. For vehicles with adjustable S16.3.3.3.3 Place the little fingers in seat cushion. For bench seats, ‘‘Plane B’’ seat backs, while holding the thighs in contact with the seat cushion. refers to a vertical plane through the place, rotate the seat back forward until * * * * * front outboard passenger vehicle seat the transverse instrumentation platform S20.1.2 Unless otherwise specified, parallel to the vehicle longitudinal of the head is level to within ±0.5 each vehicle certified to this option centerline the same distance from the degrees, making sure that the pelvis shall comply in tests conducted with longitudinal centerline of the vehicle as does not interfere with the seat bight. the front outboard passenger seating the center of the steering wheel. Inspect the abdomen to insure that it is position, if adjustable fore and aft, at * * * * * properly installed. full rearward, middle, and full forward S20.3.1 Each vehicle certified to this S16.3.3.1.10 If it is not possible to positions. If the child restraint or option shall comply in tests conducted orient the head level within ±0.5 dummy contacts the vehicle interior, with the front outboard passenger degrees, minimize the angle. move the seat rearward to the next seating position, if adjustable fore and S16.3.3.1.11 Measure and set the detent that provides clearance, or if the aft, at the mid-height, in the full dummy’s pelvic angle using the pelvic seat is a power seat, using only the rearward and middle positions angle gauge (drawing TE–2504, control that primarily moves the seat determined in S20.1.9.4, and the incorporated by reference in 49 CFR fore and aft, move the seat rearward forward position determined in Part 572, Subpart O, of this chapter). while assuring that there is a maximum S16.3.3.1.8. of 5 mm (0.2 in) clearance between the The angle shall be set to 20.0 degrees * * * * * dummy or child restraint and the ±2.5 degrees. If this is not possible, S20.4.1 Position the front outboard vehicle interior. adjust the pelvic angle as close to 20.0 passenger vehicle seat at the mid-height degrees as possible while keeping the * * * * * in the full forward position determined transverse instrumentation platform of S20.1.9 Seat set-up. Unless in S20.1.9.4, and adjust the seat back (if the head as level as possible, as otherwise stated. adjustable independent of the seat) to S20.1.9.1 Lumbar support specified in S16.3.3.1.9 and the nominal design position for a 50th adjustment. Position adjustable lumbar S16.3.3.1.10. percentile adult male as specified in supports so that the lumbar support is S8.1.3. Position adjustable lumbar S16.3.3.1.12 If the dummy is in its lowest, retracted or deflated supports so that the lumbar support is contacting the vehicle interior after adjustment position. in its lowest, retracted or deflated these adjustments, using only the S20.1.9.2 Other seat adjustments. adjustment position. Position any control that primarily moves the seat Position any adjustable parts of the seat adjustable parts of the seat that provide fore and aft, move the seat rearward that provide additional support so that additional support so that they are in until there is a maximum of 5 mm (0.2 they are in the lowest or most open the lowest or most open adjustment in) between the contact point of the adjustment position. position. If adjustable, set the head dummy and the interior of the vehicle S20.1.9.3 Set the seat and seat restraint at the full down and most or if it has a manual seat adjustment, to cushion in the position determined in forward position. If the child restraint or the next rearward detent position. If S16.2.10.3.1. dummy contacts the vehicle interior, do after these adjustments, the dummy S20.1.9.4 Using only the control that the following: using only the control contact point is more than 5 mm (0.2 in) primarily moves the seat in the fore and that primarily moves the seat in the fore from the vehicle interior and the seat is aft direction, determine the full and aft direction, move the seat still not in its forwardmost position, rearward, middle, and full forward rearward to the next detent that move the seat forward until the contact positions of the SCRP. Using any part of provides clearance; or if the seat is a point is a maximum of 5 mm (0.2 in) any seat or seat cushion adjustments, power seat, move the seat rearward from the vehicle interior, or if it has a other than that which primarily moves while assuring that there is a maximum manual seat adjustment, move the seat the seat or seat cushion fore-aft, of 5 mm (0.2 in) clearance. to the closest detent position that causes determine the SCRP mid-point height no contact, or until the seat reaches its for each of the three fore-aft test * * * * * forwardmost position, whichever occurs positions, while maintaining, as closely S20.4.4 For bucket seats, ‘‘Plane B’’ first. as possible, the seat cushion reference refers to a vertical plane parallel to the vehicle longitudinal centerline through S16.3.3.2 Passenger foot positioning. line middle angle determined in the longitudinal centerline of the front S16.3.3.2.1 Place the passenger’s feet S16.2.10.3.1. S20.1.9.5 The seat back angle, if outboard passenger seat cushion. For flat on the toe board. adjustable, is set at the manufacturer’s bench seats, ‘‘Plane B’’ refers to a S16.3.3.2.2 If the feet cannot be nominal design seat back angle for a vertical plane through the front placed flat on the toe board, set them 50th percentile adult male as specified outboard passenger seat parallel to the perpendicular to the leg centerlines and in S8.1.3. vehicle longitudinal centerline that is place them as far forward as possible S20.1.9.6 If adjustable, set the head the same distance from the longitudinal with the heels resting on the floor pan. restraint at the full down and full centerline of the vehicle as the center of If either foot does not contact the floor forward position. the steering wheel. pan, place the foot parallel to the floor S20.1.10 The longitudinal centerline * * * * * pan and place the lower leg as of a bucket seat cushion is defined by S20.4.9 Deploy the front outboard perpendicular to the thigh as possible. a vertical plane that passes through the passenger frontal air bag system. If the S16.3.3.3 Passenger arm/hand SgRP and is parallel to the longitudinal air bag system contains a multistage positioning. centerline of the vehicle. inflator, the vehicle shall be able to S16.3.3.3.1 Place the dummy’s * * * * * comply at any stage or combination of upper arms in contact with the seat back S20.2.1.3 For bucket seats, ‘‘Plane stages or time delay between successive and the torso. B’’ refers to a vertical plane parallel to stages that could occur in the presence

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of an infant in a rear facing child (b) In the case of vehicles equipped (f) Start the vehicle engine or place restraint and a 49 CFR Part 572, Subpart with bench seats, position the the ignition in the ‘‘on’’ position, R 12-month-old CRABI dummy midsagittal plane of the dummy whichever will turn on the suppression positioned according to S20.4, and also vertically and parallel to the vehicle’s system, and then close all vehicle doors. with the seat at the mid-height, in the longitudinal centerline and the same (g) Wait 10 seconds, then check middle and full rearward positions distance from the vehicle’s longitudinal whether the air bag is deactivated. determined in S20.1.9.4, in a rigid centerline, within ±10 mm (±0.4 in), as S22.2.2.4 Sitting on seat edge, spine barrier crash test at speeds up to 64 km/ the center of the steering wheel. In the vertical, hands by the dummy’s sides. h (40 mph). case of vehicles equipped with bucket (a) In the case of vehicles equipped * * * * * seats, position the midsagittal plane of with bench seats, position the S22.1.2 Unless otherwise specified, the dummy vertically such that it midsagittal plane of the dummy each vehicle certified to this option coincides with the longitudinal vertically and parallel to the vehicle’s shall comply in tests conducted with centerline of the seat cushion, within longitudinal centerline and the same ±10 mm (±0.4 in). Position the torso of distance from the vehicle’s longitudinal the front outboard passenger seating ± ± position at the mid-height, in the full the dummy against the seat back. centerline, within 10 mm ( 0.4 in), as rearward, middle, and the full forward Position the dummy’s thighs against the the center of the steering wheel. In the positions determined in S22.1.7.4. If the seat cushion. case of vehicles equipped with bucket dummy contacts the vehicle interior, (c) Allow the legs of the dummy to seats, position the midsagittal plane of using only the control that primarily extend off the surface of the seat. the dummy vertically such that it moves the seat fore and aft, move the (d) Rotate the dummy’s upper arms coincides with the longitudinal down until they contact the seat back. centerline of the seat cushion, within seat rearward to the next detent that ± ± provides clearance. If the seat is a power (e) Rotate the dummy’s lower arms 10 mm ( 0.4 in). (b) Position the dummy in the seated seat, move the seat rearward while until the dummy’s hands contact the position forward in the seat such that assuring that there is a maximum of 5 seat cushion. the legs are vertical and the back of the mm (0.2 in) clearance. (f) Start the vehicle engine or place the ignition in the ‘‘on’’ position, legs rest against the front of the seat * * * * * with the spine vertical. If the dummy’s S22.1.7 Seat set-up. Unless whichever will turn on the suppression system, and then close all vehicle doors. feet contact the floor pan, rotate the legs otherwise stated, forward until the dummy is resting on S22.1.7.1 Lumbar support (g) Wait 10 seconds, then check whether the air bag is deactivated. the seat with the feet positioned flat on adjustment. Position adjustable lumbar the floor pan and the dummy spine * * * * * supports so that the lumbar support is vertical. To keep the dummy in S22.2.2.3 Sitting on seat with back in its lowest, retracted or deflated position, a material with a maximum not against seat back. adjustment position. breaking strength of 311 N (70 lb) may (a) Position the dummy in the seated S22.1.7.2 Other seat adjustments. be used to hold the dummy. Position any adjustable parts of the seat position and place it on the right front (c) Place the upper arms parallel to that provide additional support so that outboard seat. the spine. they are in the lowest or most open (b) In the case of vehicles equipped (d) Lower the dummy’s lower arms adjustment position. with bench seats, position the such that they contact the seat cushion. S22.1.7.3 Set the seat and seat midsagittal plane of the dummy (e) Start the vehicle engine or place cushion in the position determined in vertically and parallel to the vehicle’s the ignition in the ‘‘on’’ position, S16.2.10.3.1. longitudinal centerline and the same whichever will turn on the suppression S22.1.7.4 Using only the control that distance from the vehicle’s longitudinal system, and then close all vehicle doors. primarily moves the seat in the fore and centerline, within ±10 mm (±0.4 in), as (f) Wait 10 seconds, then check aft direction, determine the full the center of the steering wheel. In the whether the air bag is deactivated. rearward, middle, and full forward case of vehicles equipped with bucket S22.2.2.5 Standing on seat, facing positions of the SCRP. Using any part of seats, position the midsagittal plane of forward. any seat or seat cushion adjustments the dummy vertically such that it (a) In the case of vehicles equipped other than that which primarily moves coincides with the longitudinal with bench seats, position the the seat or seat cushion fore-aft, centerline of the seat cushion, within midsagittal plane of the dummy determine the SCRP mid-point height ±10 mm (±0.4 in). Position the dummy vertically and parallel to the vehicle’s for each of the three fore-aft test with the spine vertical so that the longitudinal centerline and the same positions, while maintaining, as closely horizontal distance from the dummy’s distance from the vehicle’s longitudinal as possible, the seat cushion reference back to the seat back is no less than 25 centerline, within ±10 mm (±.4 in), as line angle determined in S16.2.10.3.1. mm (1.0 in) and no more than 150 mm the center of the steering wheel rim. In S22.1.7.5 The seat back angle, if (6.0 in), as measured along the dummy’s the case of vehicles equipped with adjustable, is set at the manufacturer’s midsagittal plane at the mid-sternum bucket seats, position the midsagittal nominal design seat back angle for a level. To keep the dummy in position, plane of the dummy vertically such that 50th percentile adult male as specified a material with a maximum breaking it coincides with the longitudinal in S8.1.3. strength of 311 N (70 lb) may be used centerline of the seat cushion, within S22.1.7.6 If adjustable, set the head to hold the dummy. ±10 mm (±0.4 in). Position the dummy restraint at the full down and full (c) Position the dummy’s thighs in a standing position on the right front forward position. against the seat cushion. outboard seat cushion facing the front of * * * * * (d) Allow the legs of the dummy to the vehicle while placing the heels of S22.2.2.1 Sitting on seat with back extend off the surface of the seat. the dummy’s feet in contact with the against seat back. (e) Position the upper arms parallel to seat back. (a) Position the dummy in the seated the spine and rotate the dummy’s lower (b) Rest the dummy against the seat position and place it on the right front arms until the dummy’s hands contact back, with the arms parallel to the outboard seat. the seat cushion. spine.

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(c) If the head contacts the vehicle (b) Position the dummy in a kneeling in S8.1.3. Position any adjustable parts roof, recline the seat so that the head is position in the right front outboard seat of the seat that provide additional no longer in contact with the vehicle with the dummy facing the rear of the support so that they are in the lowest or roof, but allow no more than 5 mm (0.2 vehicle. Position the dummy such that most open adjustment position. If in) distance between the head and the the dummy’s head and torso are in adjustable, set the head restraint in the roof. If the seat does not sufficiently contact with the seat back. Push down lowest and most forward position. recline to allow clearance, omit the test. on the legs so that they contact the seat S22.4.2.2 Place the dummy in the (d) If necessary use a material with a as much as possible and then release. front outboard passenger seat such that: maximum breaking strength of 311 N Place the arms parallel to the spine. S22.4.2.2.1 The midsagittal plane is (70 lb) or spacer blocks to keep the (c) Start the vehicle engine or place coincident with Plane D within ±10 mm dummy in position. the ignition in the ‘‘on’’ position, (±0.4 in). (e) Start the vehicle engine or place whichever will turn on the suppression S22.4.2.2.2 The legs are initially the ignition in the ‘‘on’’ position, system, and then close all vehicle doors. vertical to the floor pan. The legs and whichever will turn on the suppression (d) Wait 10 seconds, then check thighs shall be adjusted to the extent system, and then close all vehicle doors. whether the air bag is deactivated. necessary for the head/torso to contact the instrument panel as specified in (f) Wait 10 seconds, then check * * * * * S22.4.2.3. whether the air bag is deactivated. S22.3.1 Each vehicle certified to this S22.4.2.2.3 The upper arms are S22.2.2.6 Kneeling on seat, facing option shall comply in tests conducted parallel to the torso and the hands are forward. with the front outboard passenger (a) In the case of vehicles equipped in contact with the thighs. seating position at the mid-height, in the with bench seats, position the S22.4.2.3 Without changing the seat full rearward, and middle positions midsagittal plane of the dummy position and with the dummy’s thorax determined in S22.1.7.4, and the vertically and parallel to the vehicle’s instrument cavity rear face vertical, forward position determined in longitudinal centerline and the same move the dummy forward until the S16.3.3.1.8. distance from the vehicle’s longitudinal dummy head/torso contacts the centerline, within ±10 mm (±0.4 in), as * * * * * instrument panel. If the dummy loses the center of the steering wheel. In the S22.4.1 Each vehicle that is certified contact with the seat cushion because of case of vehicles equipped with bucket as complying with S21.4 shall meet the the forward movement, maintain the seats, position the midsagittal plane of following test requirements with the 49 height of the dummy and the angle of the dummy vertically such that it CFR Part 572, Subpart P 3-year-old child the thigh with respect to the torso. Once coincides with the longitudinal dummy in both of the following contact is made, raise the dummy centerline of the seat cushion, within positions: Position 1 (S22.4.2) and vertically until Point 1 lies in Plane C ±10 mm (±0.4 in). Position 2 (S22.4.3). within ±10 mm (±0.4 in). If the dummy’s (b) Position the dummy in a kneeling S22.4.1.1 Locate and mark a point head contacts the windshield and keeps position in the right front outboard seat on the front of the dummy’s chest jacket Point 1 from reaching Plane C, lower the with the dummy facing the front of the on the midsagittal plane that is 114 mm dummy until there is no more than 5 ± ± vehicle with its toes at the intersection (4.5 in) 3 mm ( 0.1 in) along the mm (0.2 in) clearance between the head of the seat back and seat cushion. surface of the skin from the top of the and the windshield. (The dummy shall Position the dummy so that the spine is skin at the neck line. This is referred to remain in contact with the instrument vertical. Push down on the legs so that as ‘‘Point 1.’’ panel while being raised or lowered, they contact the seat as much as S22.4.1.2 Mark a point on the which may change the dummy’s fore-aft possible and then release. Place the instrument panel that is longitudinally position.) arms parallel to the spine. and transversely, as measured along the S22.4.2.4 If possible, position the (c) If necessary use a material with a surface of the instrument panel, within legs of the dummy so that the legs are maximum breaking strength of 311 N ±6 mm (±0.2 in) of the point that is vertical and the feet rest flat on the floor (70 lb) or spacer blocks to keep the defined by the intersection of the pan of the vehicle. If the positioning dummy in position. instrument panel and a line between the against the instrument panel does not (d) Start the vehicle engine or place volumetric center of the smallest allow the feet to be on the floor pan, the the ignition in the ‘‘on’’ position, volume that can encompass the folded feet shall be parallel to the floor pan. whichever will turn on the suppression undeployed air bag and the volumetric S22.4.2.5 If necessary, material with system, and then close all vehicle doors. center of the static fully inflated air bag. a maximum breaking strength of 311 N (e) Wait 10 seconds, then check S22.4.1.3 Locate the vertical plane (70 lb) and spacer blocks may be used whether the air bag is deactivated. parallel to the vehicle longitudinal to support the dummy in position. The S22.2.2.7 Kneeling on seat, facing centerline through the point located in material should support the torso rather rearward. S22.4.1.2. This is referred to as ‘‘Plane than the head. Support the dummy so (a) In the case of vehicles equipped D.’’ that there is minimum interference with with bench seats, position the S22.4.1.4 Locate the horizontal the full rotational and translational midsagittal plane of the dummy plane through the point located in freedom for the upper torso of the vertically and parallel to the vehicle’s S22.4.1.2. This is referred to as ‘‘Plane dummy and the material does not longitudinal centerline and the same C.’’ interfere with the air bag. distance from the vehicle’s longitudinal S22.4.2 Position 1 (chest on S22.4.3 Position 2 (head on centerline, within ±10 mm (±0.4 in), as instrument panel). instrument panel). the center of the steering wheel. In the S22.4.2.1 Set the seat and seat S22.4.3.1 Place the front outboard case of vehicles equipped with bucket cushion in the positions determined in passenger seat at the mid-height, in full seats, position the midsagittal plane of S16.2.10.3.1. If the seat back is rearward seating position determined in the dummy vertically such that it adjustable independent of the seat, S22.1.7.4. Place the seat back, if coincides with the longitudinal place the seat back at the manufacturer’s adjustable independent of the seat, at centerline of the seat cushion, within nominal design seat back angle for a the manufacturer’s nominal design seat ±10 mm (±0.4 in). 50th percentile adult male as specified back angle for a 50th percentile adult

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male as specified in S8.1.3. Position any is achieved. If seat contact is lost prior the dummy vertically such that it adjustable parts of the seat that provide to or during femur rotation out of the coincides with the longitudinal additional support so that they are in horizontal plane, constrain the dummy centerline of the seat cushion, within the lowest or most open adjustment to rotate about the dummy H-point. ±10 mm (±0.4 in). For bench seats, position. If adjustable, set the head S22.4.3.6 If necessary, material with position the midsagittal plane of the restraint in the lowest and most forward a maximum breaking strength of 311 N dummy vertically and parallel to the position. (70 lb) and spacer blocks may be used vehicle’s longitudinal centerline and the S22.4.3.2 Place the dummy in the to support the dummy in position. The same distance from the longitudinal front outboard passenger seat such that: material should support the torso rather centerline of the vehicle, within ±10 S22.4.3.2.1 The midsagittal plane is than the head. Support the dummy so mm (±0.4 in), as the center of the ± coincident with Plane D within 10 mm that there is minimum interference with steering wheel. ± ( 0.4 in). the full rotational and translational (b) Place the dummy’s back against S22.4.3.2.2 The legs are vertical to freedom for the upper torso of the the seat back and rest the dummy’s the floor pan, the back of the legs are in dummy and the material does not thighs on the seat cushion. contact with the seat cushion, and the interfere with the air bag. (c) Allow the legs and feet of the dummy’s thorax instrument cavity rear S22.4.4 Deploy the front outboard dummy to extend off the surface of the face is vertical. If it is not possible to passenger frontal air bag system. If the seat. If this positioning of the dummy’s position the dummy with the legs in the frontal air bag system contains a legs is prevented by contact with the prescribed position, rotate the legs multistage inflator, the vehicle shall be instrument panel, using only the control forward until the dummy is resting on able to comply with the injury criteria that primarily moves the seat fore and the seat with the feet positioned flat on at any stage or combination of stages or aft, move the seat rearward to the next the floor pan, and the back of the legs time delay between successive stages detent that provides clearance. If the are in contact with the front of the seat that could occur in a rigid barrier crash seat is a power seat, move the seat cushion. Set the transverse distance test at or below 26 km/h (16 mph), rearward, while assuring that there is a between the longitudinal centerlines at under the test procedure specified in maximum of 5 mm (0.2 in) distance the front of the dummy’s knees at 86 to S22.5. between the vehicle interior and the 91 mm (3.4 to 3.6 in), with the thighs part of the dummy that was in contact and the legs of the dummy in vertical * * * * * S24.1.2 Unless otherwise specified, with the vehicle interior. planes. (d) Rotate the dummy’s upper arms S22.4.3.2.3 The upper arms are each vehicle certified to this option toward the seat back until they make parallel to the torso and the hands are shall comply in tests conducted with contact. in contact with the thighs. the front outboard passenger seating S22.4.3.3 Using only the control that position at the mid-height, in the full (e) Rotate the dummy’s lower arms primarily moves the seat in the fore and rearward seat track position, the middle down until they contact the seat. (f) Close the vehicle’s passenger-side aft direction, move the seat forward, seat track position, and the full forward door and then start the vehicle engine while maintaining the thorax seat track position as determined in this or place the ignition in the ‘‘on’’ instrument cavity rear face orientation section. Using only the control that position, whichever will turn on the until any part of the dummy contacts primarily moves the seat in the fore and suppression system. the vehicle’s instrument panel. aft direction, determine the full S22.4.3.4 If dummy contact has not rearward, middle, and full forward (g) Push against the dummy’s left been made with the vehicle’s positions of the SCRP. Using any seat or shoulder to lean the dummy against the instrument panel at the full forward seat cushion adjustments other than that door; close all remaining doors. seating position of the seat, slide the which primarily moves the seat fore-aft, (h) Wait ten seconds, then check dummy forward until contact is made. determine the SCRP mid-point height whether the air bag is deactivated. Maintain the thorax instrument cavity for each of the three fore-aft test * * * * * rear face vertical orientation. If the positions, while maintaining as closely S24.3.1 Each vehicle certified to this dummy loses contact with the seat, from as possible, the seat cushion angle option shall comply in tests conducted that point forward, maintain the height determined in S16.2.10.3.1. Set the seat with the front outboard passenger of the dummy. Except as provided in back angle, if adjustable independent of seating position at the mid-height, in the S22.4.3.5, maintain the angle of the the seat, at the manufacturer’s nominal full rearward and middle positions thigh with respect to the horizontal. design seat back angle for a 50th determined in S24.1.2, and the forward S22.4.3.5 If head/torso contact with percentile adult male as specified in position determined in S16.3.3.1.8. the instrument panel has not been S8.1.3. If the dummy contacts the * * * * * made, maintain the angle of the thighs vehicle interior, move the seat rearward S24.4.1 Each vehicle that is certified with respect to the horizontal while to the next detent that provides as complying with S23.4 shall meet the applying a force towards the front of the clearance. If the seat is a power seat, following test requirements with the 49 vehicle on the spine of the dummy move the seat rearward while assuring CFR Part 572, Subpart N 6-year-old between the shoulder joints until the that there is a maximum of 5 mm (0.2 child dummy in both of the following head or torso comes into contact with in) distance between the vehicle interior positions: Position 1 (S24.4.2) or the vehicle’s instrument panel or until and the point on the dummy that would Position 2 (S24.4.3). a maximum force of 222 N (50 lb) is first contact the vehicle interior. S24.4.1.1 Locate and mark a point achieved. If the head/torso is still not in * * * * * on the front of the dummy’s chest jacket contact with the instrument panel, hold S24.2.3 Sitting back in the seat and on the midsagittal plane that is 139 mm the femurs and release the 222 N (50 lb) leaning on the right front passenger (5.5 in) ±3 mm (±0.1in) along the surface force. While maintaining the relative door. of the skin from the top of the skin at angle between the torso and the femurs, (a) Position the dummy in the seated the neckline. This is referred to as roll the dummy forward on the seat position and place the dummy in the ‘‘Point 1.’’ cushion, without sliding, until head/ right front outboard seat. For bucket S24.4.1.2 Mark a point on the torso contact with the instrument panel seats, position the midsagittal plane of instrument panel that is longitudinally

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and transversely, as measured along the with the instrument panel while being seat, from that point forward maintain surface of the instrument panel, within raised or lowered which may change the the height of the dummy. Except as ±6 mm (±0.2 in) of the point that is dummy’s fore-aft position.) provided in S24.4.3.5, maintain the defined by the intersection of the S24.4.2.4 If necessary, material with angle of the thigh with respect to the instrument panel and a line between the a maximum breaking strength of 311 N horizontal. volumetric center of the smallest (70 lb) and spacer blocks may be used S24.4.3.5 If head/torso contact with volume that can encompass the folded to support the dummy in position. The the instrument panel has not been undeployed air bag and the volumetric material should support the torso rather made, maintain the angle of the thighs center of the static fully inflated air bag. than the head. Support the dummy so with respect to the horizontal while S22.4.1.3 Locate the vertical plane that there is minimum interference with applying a force towards the front of the parallel to the vehicle longitudinal the full rotational and translational vehicle on the spine of the dummy centerline through the point located in freedom for the upper torso of the between the shoulder joints until the S24.4.1.2. This is referred to as ‘‘Plane dummy and the material does not head or torso comes into contact with D.’’ interfere with the air bag. the vehicle’s instrument panel or until S24.4.1.4 Locate the horizontal S24.4.3 Position 2 (head on a maximum force of 222 N (50 lb) is plane through the point located in instrument panel). achieved. If the head/torso is still not in S24.4.1.2. This is referred to as ‘‘Plane S24.4.3.1 Place the front outboard contact with the instrument panel, hold C.’’ passenger seat at the mid-height full the femurs and release the 222 N (50 lb) S24.4.2 Position 1 (chest on rearward seating position determined in force. While maintaining the relative instrument panel). S24.1.2. Place the seat back, if angle between the torso and the femurs, S24.4.2.1 Set the seat and seat adjustable independent of the seat, at roll the dummy forward on the seat, cushion in the positions determined in the manufacturer’s nominal design seat without sliding, until head/torso contact S16.2.10.3.1. If the seat back is back angle for a 50th percentile adult with the instrument panel is achieved. adjustable independent of the seat, male as specified in S8.1.3. Position any If seat contact is lost prior to or during place the seat back at the manufacturer’s adjustable parts of the seat that provide femur rotation out of the horizontal nominal design seat back angle for a additional support so that they are in plane, constrain the dummy to rotate 50th percentile adult male as specified the lowest or most open adjustment about the dummy H-point. in S8.1.3. Position any adjustable parts position. Position an adjustable head S24.4.3.6 If necessary, material with of the seat that provide additional restraint in the lowest and most forward a maximum breaking strength of 311 N support so that they are in the lowest or position. (70 lb) and spacer blocks may be used most open adjustment position. If S24.4.3.2 Place the dummy in the to support the dummy in position. The adjustable, set the head restraint in the front outboard passenger seat such that: material should support the torso rather (a) The midsagittal plane is coincident lowest and most forward position. than the head. Support the dummy so S24.4.2.2 Remove the legs of the with Plane D within ±10 mm (±0.4 in). that there is minimum interference with dummy at the pelvic interface. (b) The legs are perpendicular to the S24.4.2.3 Place the dummy in the floor pan, the back of the legs are in the full rotational and translational front outboard passenger seat such that: contact with the seat cushion, and the freedom for the upper torso of the (a) The midsagittal plane is coincident dummy’s thorax instrument cavity rear dummy and the material does not with Plane D within ±10 mm (±0.4 in). face is 6 degrees forward of vertical. If interfere with the air bag. (b) The upper arms are parallel to the it is not possible to position the dummy S24.4.4 Deploy the front outboard torso and the hands are next to where with the legs in the prescribed position, passenger frontal air bag system. If the the thighs would be. rotate the legs forward until the dummy frontal air bag system contains a (c) Without changing the seat position is resting on the seat with the feet multistage inflator, the vehicle shall be and with the dummy’s thorax positioned flat on the floor pan and the able to comply with the injury criteria instrument cavity rear face 6 degrees back of the legs are in contact with the at any stage or combination of stages or forward of the vertical, move the front of the seat cushion. Set the time delay between successive stages dummy forward until the dummy head/ transverse distance between the that could occur in a rigid barrier crash torso contacts the instrument panel. If longitudinal centerlines at the front of test at or below 26 km/h (16 mph), the dummy loses contact with the seat the dummy’s knees at 112 to 117 mm under the test procedure specified in cushion because of the forward (4.4 to 4.6 in), with the thighs and the S22.5. movement, maintain the height of the legs of the dummy in vertical planes. * * * * * dummy while moving the dummy (c) The upper arms are parallel to the S26.2.2 Mark a point on the steering forward. If the head contacts the torso and the hands are in contact with wheel cover that is longitudinally and windshield before head/torso contact the thighs. transversely, as measured along the with the instrument panel, maintain the S24.4.3.3 Using only the control that surface of the steering wheel cover, thorax instrument cavity angle and primarily moves the seat in the fore and within ±6 mm (±0.2 in) of the point that move the dummy forward such that the aft direction, move the seat forward, is defined by the intersection of the head is following the angle of the while maintaining the thorax steering wheel cover and a line between windshield until there is head/torso instrument cavity rear face orientation the volumetric center of the smallest contact with the instrument panel. Once until any part of the dummy contacts volume that can encompass the folded contact is made, raise or lower the the vehicle’s instrument panel. undeployed air bag and the volumetric dummy vertically until Point 1 lies in S24.4.3.4 If dummy contact has not center of the static fully inflated air bag. Plane C within ±10 mm (±0.4 in). If the been made with the vehicle’s Locate the vertical plane parallel to the dummy’s head contacts the windshield instrument panel at the full forward vehicle longitudinal centerline through and keeps Point 1 from reaching Plane seating position of the seat, slide the the point located on the steering wheel C, lower the dummy until there is no dummy forward on the seat until cover. This is referred to as ‘‘Plane E.’’ more than 5 mm (0.2 in) clearance contact is made. Maintain the thorax S26.2.3 Place the seat and seat between the head and the windshield. instrument cavity rear face orientation. cushion in the position achieved in (The dummy shall remain in contact If the dummy loses contact with the S16.2.10.3.1. If the seat or seat cushion

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is adjustable in the vertical direction by closely as possible. Place the SCRP in S26.3.7 If the steering wheel can be adjustments other than that which the mid-height position. If the seat back adjusted so that the chin point can be primarily moves the seat or seat cushion is adjustable independent of the seat, in contact with the rim of the uppermost fore-aft, determine the maximum and place the seat back at the manufacturer’s portion of the steering wheel, adjust the minimum heights of the SCRP at this nominal design seat back angle for a steering wheel to that position. If the position, while maintaining the seat 50th percentile adult male as specified steering wheel contacts the dummy’s cushion reference line angle as closely in S8.1.3. Position any adjustable parts leg(s) prior to attaining this position, as possible. Place the SCRP in the mid- of the seat that provide additional adjust it to the next highest detent, or if height position. If the seat back is support so that they are in the lowest or infinitely adjustable, until there is a adjustable independent of the seat, most open adjustment position. Position maximum of 5 mm (0.2 in) clearance place the seat back at the manufacturer’s an adjustable head restraint in the between the wheel and the dummy’s nominal design seat back angle for a lowest position. leg(s). Readjust the dummy’s torso such 50th percentile adult male as specified * * * * * in S8.1.3. Position any adjustable parts that the thorax instrument cavity rear of the seat that provide additional S26.3.4.1 The midsagittal plane is face is 6 degrees forward of the steering coincident with Plane E within ±10 mm wheel angle. Position the dummy so support so that they are in the lowest or ± most open adjustment position. Position ( 0.4 in). that the chin point is in contact, or if an adjustable head restraint in the * * * * * contact is not achieved, as close as lowest and most forward position. S26.3.6 While maintaining the spine possible to contact with the rim of the * * * * * angle, position the dummy so that a uppermost portion of the steering S26.2.4.1 The midsagittal plane is point on the chin 40 mm (1.6 in) ±3 mm wheel. coincident with Plane E within ±10 mm (±0.1 in) below the center of the mouth * * * * * (±0.4 in). ± ± (chin point) is, within 10 mm ( 0.4 in), S26.4 Deploy the driver frontal air in contact with a point on the steering * * * * * bag system. If the frontal air bag system wheel rim surface closest to the dummy S26.3.1 Place the seat and seat contains a multistage inflator, the cushion in the position achieved in that is 10 mm (0.4 in) vertically below vehicle shall be able to comply with the S16.2.10.3.1. If the seat or seat cushion the highest point on the rim in Plane E. injury criteria at any stage or is adjustable in the vertical direction by If the dummy’s head contacts the adjustments other than that which vehicle windshield or upper interior combination of stages or time delay primarily moves the seat or seat cushion before the prescribed position can be between successive stages that could fore-aft, determine the maximum and obtained, lower the dummy until there occur in a rigid barrier crash test at or minimum heights of the seat reference is no more than 5 mm (0.2 in) clearance below 26 km/h (16 mph), under the test point at this position, while maintaining between the vehicle’s windshield or procedure specified in S22.5. the seat cushion reference line angle as upper interior, as applicable. * * * * *

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* * * * * Appendix A to § 571.208—Selection of Administration to test the suppression Child Restraint Systems system of a vehicle manufactured on or after the effective date specified that has been A. The following car bed, manufactured on certified as being in compliance with 49 CFR or after December 1, 1999, may be used by the National Highway Traffic Safety 571.208 S19:

Effective and termination dates January 17, 2002 September 1, 2004

Cosco Cream Ride 02–719 ...... Effective ...... Remains Effective.

B. Any of the following rear facing child system of a vehicle manufactured on or after with a removable base, the test may be run restraint systems, manufactured on or after the effective date and prior to the termination either with the base attached or without the December 1, 1999, may be used by the date specified that has been certified as being base. National Highway Traffic Safety in compliance with 49 CFR 571.208 S19. Administration to test the suppression When the restraint system comes equipped

Effective and termination dates January 17, 2002 September 1, 2004

Britax Handle with Care 191 ...... Effective ...... Remains Effective. Century Assura 4553 ...... Effective ...... Remains Effective. Century Avanta SE 41530 ...... Effective ...... Terminated. Century Smart Fit 4543 ...... Effective ...... Remains Effective. Cosco Arriva 02727 ...... Effective ...... Remains Effective. Cosco Opus 35 02603 ...... Effective ...... Terminated. Evenflo Discovery Adjust Right 212 ...... Effective ...... Remains Effective. Evenflo First Choice 204 ...... Effective ...... Remains Effective. Evenflo On My Way Position Right V 282 ...... Effective ...... Terminated. Graco Infant 8457 ...... Effective ...... Remains Effective.

C. Any of the following forward-facing Safety Administration to test the suppression in compliance with 49 CFR 571.208 S19, or convertible child restraint systems, system of a vehicle manufactured on or after S21: manufactured on or after December 1, 1999, the effective date and prior to the termination may be used by the National Highway Traffic date specified that has been certified as being

Effective and termination dates January 17, 2002 September 1, 2004

Britax Roundabout 161 ...... Effective ...... Remains Effective. Britax Expressway ISOFIX ...... Effective. Century Encore 4612 ...... Effective ...... Remains Effective. Century STE 1000 4416 ...... Effective ...... Remains Effective. Cosco Olympian 02803 ...... Effective ...... Remains Effective. Cosco Touriva 02519 ...... Effective ...... Remains Effective. Evenflo Horizon V 425 ...... Effective ...... Remains Effective. Evenflo Medallion 254 ...... Effective ...... Remains Effective. Safety 1st Comfort Ride 22–400 ...... Effective.

D. Any of the following forward-facing Safety Administration as test devices to test that has been certified as being in compliance toddler/belt positioning booster systems, the suppression system of a vehicle with 49 CFR 571.208 S21 or S23: manufactured on or after December 1, 1999, manufactured on or after the effective date may be used by the National Highway Traffic and prior to the termination date specified

Effective and termination dates January 17, 2002 September 1, 2004

Britax Roadster 9004 ...... Effective ...... Remains Effective. Century Next Step 4920 ...... Effective ...... Remains Effective. Cosco High Back Booster 02–442 ...... Effective ...... Remains Effective. Evenflo Right Fit 245 ...... Effective ...... Remains Effective.

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Issued: November 7, 2003. Stephen R. Kratzke, Associate Administrator for Rulemaking. [FR Doc. 03–28479 Filed 11–18–03; 8:45 am] BILLING CODE 4910–59–P

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Proposed Rules Federal Register Vol. 68, No. 223

Wednesday, November 19, 2003

This section of the FEDERAL REGISTER also be submitted via e-mail to Regulatory Flexibility Act contains notices to the public of the proposed [email protected]. All electronic issuance of rules and regulations. The It has been determined that the comments must be submitted as Word Regulatory Flexibility Act is not purpose of these notices is to give interested or Word Perfect file. Files that cannot be persons an opportunity to participate in the applicable to this rule since it does not rule making prior to the adoption of the final accessed or files that contain special contain a major proposal requiring rules. characters or any form of encryption preparation of a regulatory analysis. that cannot be accessed will not be These proposed regulations will not accepted or considered. have a significant economic impact on DEPARTMENT OF AGRICULTURE FOR FURTHER INFORMATION CONTACT: a substantial number of small entities. Natural Resources Conservation Victor Cole, (202) 690–4575, Watersheds Environmental Evaluation and Wetlands Division, Natural Service This proposed draft rule is supported Resources Conservation Service, or for by a Programmatic Environmental 7 CFR Part 624 information regarding floodplain Impact Statement (PEIS) that was made easements, contact Martha Joseph (202) available in draft form for public review Emergency Watershed Protection 720–7157, Watersheds and Wetlands on December 16, 1999 (64 FR 70212). Program Division, Natural Resources NRCS will consider both the comments AGENCY: Natural Resources Conservation Service. received on the draft PEIS and this rule Conservation Service. SUPPLEMENTARY INFORMATION: in formulation of the final regulation. ACTION: Notice of proposed rulemaking Copies of the draft PEIS may be with request for comments. Background obtained from the Watersheds and Wetlands Division, Natural Resources The Secretary of Agriculture SUMMARY: The Natural Resources Conservation Service, USDA, P.O. Box cooperates with other Federal, State, Conservation Service (NRCS) proposes 2890, Washington, DC 20013–2890. several changes to the implementation and local agencies in the recovery from of the Emergency Watershed Protection natural disasters such as hurricanes, GPEA Statement (EWP) Program to improve the tornadoes, fires, drought, and floods NRCS is committed to compliance effectiveness of its response to natural through implementation of the EWP with the GPEA, which requires disasters. These changes to the existing Program (authorized by Section 216 of Government agencies, in general, to program regulations include the The Flood Control Act of 1950, Public provide the public the option of following: Law 81–516, 33 U.S.C. 701b–1; Section submitting information or transacting • Modifying the cost-share rate for 403 of the Agricultural Credit Act of business electronically to the maximum program assistance; 1978, Public Law 95–334, as amended extent possible. • Clarifying that EWP assistance is by Section 382, of the Federal Paperwork Reduction Act not available for Federal lands except in Agriculture Improvement and Reform situations where safeguards are Act of 1996, Public Law 104–127, 16 This draft final rule does not change followed to avoid inappropriate U.S.C. 2203). EWP, through local the reporting or record-keeping burden augmentation of appropriations; previously required. • sponsors, provides emergency measures Allowing a greater Federal share in for run-off retardation and erosion areas that qualify as limited resource Executive Order 13132 control to areas where a sudden areas; and This draft rule complies with • impairment of a watershed threatens life Describing the parameters under Executive Order 13132 ‘‘Federalism.’’ In which the agency will purchase or property. The Secretary of Agriculture has delegated authority for pursuing the revision of this rule, NRCS floodplain easements as a means to limit prepared a PEIS in accordance with the flood damages and reduce future administration of EWP to the Chief of NRCS. National Environmental Policy Act Federal obligations. (NEPA) guidelines. Preparation of the DATES: Comments on this proposed Executive Order 12866 PEIS included an extensive ‘‘scoping rulemaking must be received by January process,’’ which included six public 20, 2004 to be considered in the The Office of Management and Budget meetings held in different regions of the development of the final rule. has determined that this proposed rule country; contact with State agencies, ADDRESSES: All comments concerning is a ‘‘significant action’’ for the purposes primarily the emergency management this proposed rule should be addressed of Executive Order 12866. Pursuant to and fish and wildlife divisions; and to Director, Watersheds and Wetlands § 6(a)(3) of Executive Order 12866, publication of the draft PEIS in the Division, Natural Resources NRCS has conducted an economic Federal Register. Concerns in response Conservation Service, USDA, P.O. Box analysis of the potential impacts to the publication of the draft PEIS 2890, Washington, DC 20013–2890; or associated with this proposed rule. The primarily centered on compliance with fax to (202) 720–2143. This rule may economic analysis concluded that NRCS historic preservation requirements of also be accessed, and comments is conducting the EWP program in a individual States. In particular, it was submitted, electronically. Users can manner that provides significant recommended that NRCS coordinate all access the NRCS Watersheds and benefits related to costs. A copy of this activities with the respective State Wetlands Division Homepage at http:// cost-benefit analysis is available upon historic preservation officer. Much www.nrcs.usda.gov/. Comments may request from the address listed above. praise was received for the program

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from government officials at all levels stripped of protective vegetation by fire rulemaking are adopted in a final rule and the public. Through the NEPA or drought. If these watershed after the opportunity for public process, consultation is done on a impairments are not addressed, they comment. routine basis. NRCS established policies would pose a serious threat of injury, Section-by-Section Discussion of loss of life, or devastating property that require ‘‘pre-disaster planning’’ be Proposed Rule Provisions carried out with all affected State and damage should a subsequent event Federal agencies to ensure everyone occur. Section 624.1 Purpose. This understands what NRCS will do in the NRCS is initiating proposed proposed section would modify the event of a disaster. rulemaking to codify existing EWP existing section to clarify the purpose of program implementation and institute the EWP Program. Executive Order 12998 programmatic changes that allow the Section 624.2 Objective. This This draft rule has been reviewed in repair of enduring conservation proposed section would modify the accordance with Executive Order 12998. practices, limit repeated site repairs, existing section to state that NRCS The provisions of this rule are not allow additional easement purchases, assists sponsors in the implementation retroactive. Furthermore, the provisions address environmental justice issues, of ‘‘emergency recovery measures.’’ of this draft rule pre-empt State and and limits treatments on Federal lands. Section 624.3 Scope. This proposed local laws to the extent that such laws To implement the proposed action, section would revise the existing section are inconsistent with this proposed rule. NRCS would incorporate changes in and combine subparagraphs (a) and (b) Before an action may be brought in a program administration and in project in the current regulation. Federal court of competent jurisdiction, execution dealing with traditional Section 624.4 Definitions. The the administrative appeal rights watershed impairments. It would proposed section would rename the afforded persons at 7 CFR parts 614 and expand the program by providing for current section and would modify the 11 must be exhausted. floodplain sediment deposition section to provide definitions for the removal, and repair damaged structural EWP program. The ability to provide Unfunded Mandates Reform Act of conservation practices to the list of assistance on Forest Service lands as 1995 watershed impairments EWP currently identified in the existing § 624.4 is being Pursuant to Title II of the Unfunded addresses. Additionally, the proposed eliminated from the rule to avoid Mandates Reform Act of 1995, Pub. L. changes include allowing for up to 90 inappropriate augmentation of 104–4, NRCS assessed the effects of this percent cost-share for limited resource appropriations for Forest Service rulemaking action on State, local, and areas, limit repair to twice in a ten year restoration activities. Assistance on tribal governments, and the public. This period, eliminate the single beneficiary National Forest System lands or other action does not compel the expenditure requirement, funds will not be used on Federal lands can be provided in of $100 million or more by any State, Federal lands, purchase of easements on situations where appropriate safeguards local, or tribal government, or the non-agricultural lands, and establish are followed to avoid such private sector; therefore, a statement one easement category. augmentation. under Section 202 of the Unfunded The purpose and need for the NRCS Section 624.5 Coordination. This Mandates Reform Act of 1995 is not proposed action are to provide proposed section would include a required. administrative transparency that discussion of NRCS coordination in ensures that the public is fully informed both presidentially declared and State Discussion of the Proposed Changes to of program operations. Program delivery conservationist-declared disasters. 7 CFR Part 624 improvements are designed to enable Section 624.6 Program Overview NRCS field and State office personnel to administration. This proposed section provide EWP assistance more effectively now describes the NRCS administration The Emergency Watershed Protection and efficiently. NRCS believes that these of the EWP Program, eligibility, and (EWP) Program helps remove threats to improvements would more fully, sponsor responsibilities. life and property that remain in the equitably, and consistently meet the Section 624.6(b)(1) Exigency. This nation’s watersheds in the aftermath of needs of people requiring emergency proposed paragraph has been modified natural disasters such as floods, assistance. Program improvements are to clarify exigency situations. NRCS has hurricanes, tornadoes, and wildfires. designed to address environmental, encountered various cases where the The EWP Program is administered by economic, and social concerns and term ‘‘exigency’’ (previously found in the U.S. Department of Agriculture values. § 624.5(a)(1)(iv)) is applied too liberally (USDA) Natural Resources Conservation Proposed changes were identified, and implemented for purposes for Service (NRCS), which provides discussed, and refined in an ongoing which it was not intended. technical and financial assistance to comprehensive program review that Interpretations of the terms ‘‘exigency’’ local sponsoring authorities to preserve NRCS initiated. The process included and ‘‘non-exigency’’ (previously found life and property threatened by disaster extensive opportunities for public in § 624.5(a)(1)(B)) vary widely within for runoff retardation and soil-erosion participation and identified substantive NRCS. In some cases, an ‘‘exigency’’ prevention. Funding is typically ways to improve the environmental, allowed certain contracting procedures provided through Congressional economic, social, and technical to be waived inappropriately; in others, emergency supplemental soundness of Program activities. NRCS ‘‘exigency’’ was used to fund projects appropriations. Threats that the EWP is now initiating the proposed inappropriately; and in still others, Program addresses are termed rulemaking needed to implement the ‘‘exigency’’ is used inappropriately to watershed impairments. These include, changes to the codified EWP qualify for a U.S. Army Corps of but are not limited to, debris-clogged regulations. The National EWP Manual Engineers (USACE) nationwide general stream channels, undermined and (policy), and Handbook (procedures) permit. unstable streambanks, jeopardized water will also need to be revised to reflect the NRCS did not intend these control structures and public changes that NRCS has already interpretations when the two categories infrastructure, wind-borne debris instituted, and those that will be (exigency and non-exigency) were removal, and damaged upland sites adopted if the policies proposed in this established. Rather, the original intent

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was to allow NRCS to respond quickly alleviate the exigency situation well as programs administered by other to only those situations that needed immediately when: Federal and State agencies, are available immediate attention and that could be • A damage survey report is to plan and implement protective addressed within 30 days. Current completed practices to solve recurring problems. regulations tie cost-sharing to this • Procurement authority is secured This proposed EWP Program change designation, although NRCS has not • EWP funds are available would encourage individuals and • applied the higher cost-sharing rate A sponsor is selected and local project sponsors to seek more funds are available originally set for exigencies for the past • appropriate programs to solve existing 7 years. Instead, NRCS has applied a Necessary land rights have been long-term and recurring resource single cost-share rate of 75 percent to acquired problems. exigent and non-exigent situations. The clarification proposed by this NRCS believes the impacts of limiting However, NRCS recognizes there may be section would limit the number of the number of times EWP funds can be unique situations that require a waiver situations where immediate action is used to repair the same site will be from this cost-sharing rate. We had taken to those that are of an extremely minimal, but the change is necessary to added Section 624.11 Waivers which critical nature, which was the intent of avoid those cases where funds may be allows the NRCS Deputy Chief for the existing regulations. The proposed used for repetitive repairs. Programs to waive any provision of changes would save time by focusing on Section 624.6(b)(2)(iv). This proposed these regulations to the extent allowed actions requiring immediate attention paragraph would clarify that NRCS can by law. Examples may include allowing during emergency recovery efforts and only provide EWP assistance on Federal up to 100 percent cost-sharing with allowing NRCS state offices to be more lands in situations where safeguards are limited resource areas or communities, responsive to local needs. followed to avoid inappropriate or situations involving environmental Section 624.6(b)(2) Limitations. NRCS augmentation of appropriations. justice. is proposing to add this new paragraph Section 624.6(b)(3). This proposed Under the proposed action, the term to describe the number of times an paragraph describes those sites that will exigency would be clarified and the impacted location may be eligible for be eligible for EWP where structural/ term non-exigency would be eliminated EWP assistance. This proposed enduring/long-life conservation since all eligible sites would be paragraph also contains limitations practices exist. This proposed change to considered watershed emergencies and found in the current regulations at the regulations currently found in the purpose of the current and proposed § 624.7. Repeat disasters may strike an § 624.7(d) would provide for a blanket exigency classification is to expedite area and require EWP recovery policy exception first established by the EWP recovery measures where an assistance frequently at one location. NRCS Chief in 1996 for NRCS-assisted immediate threat exists. NRCS believes Under this proposed rulemaking, NRCS flood control structures. The EWP this clarification would result in more would limit repairs under EWP to twice Program regulations currently prohibit uniform delivery of the EWP Program. within a 10-year period for the same providing assistance for these projects Clarification of exigency and removal of cause (i.e., flooding) at the same site. If unless the NRCS Chief grants an the term non-exigency would ensure a site already has been restored twice exception. In 1996, the Chief granted a consistent interpretation, and the with EWP assistance and less than 10 blanket exception to this requirement, change should not affect program years has elapsed between the disaster and assistance has been provided as funding. that triggered the first repair and the needed. This proposal section would Recognizing that certain situations disaster triggering a third repair, the allow repair of NRCS-assisted structural require immediate attention, this only option available under EWP would practices, such as dams and channels, proposed section would modify the be purchasing a floodplain easement on constructed under the Small Watershed current regulation to add language that the damaged site. Under this proposed Protection and Flood Control Program clarifies ‘‘exigency’’ situations that regulation, The Department of (authorized by the Watershed Protection require immediate attention. Exigency Agriculture (USDA) would review the and Flood Prevention Act of 1954, situations typically exhibit an extremely prospective site to ascertain the Public Law 83–566, 16 U.S.C. 1001– high potential for loss of life or frequency of EWP recovery assistance at 1008), Flood Prevention Program significant property damage unless the location. (authorized by the Flood Control Act of immediate action is taken. For example, if a structure was 1944, Public Law 78–534), Resource Occasionally, a site affected by a protected from destruction twice using Conservation and Development natural disaster demands immediate EWP assistance for two separate events, Program, and the Pilot Watershed action to minimize potential threats of regardless of the practice used or the Program. life and/or property, including when location of the protection efforts, EWP When a disaster strikes, NRCS- another event may occur shortly funds would not be available for a third assisted flood control structures may be thereafter. Two examples of such a protection effort within the 10-year damaged beyond the level that would situation are (1) debris jamming into a period for the same cause. However, for normally be expected to be repaired bridge or culvert, causing water to back repairs of dikes, levees, berms, and under routine operation and up and possibly endanger nearby similar structures, because these maintenance activities and may be buildings or the bridge and associated structures can run contiguously for beyond the sponsor’s ability to make road; and (2) a streambank undercutting miles, a specific location on a structure necessary repairs. For example, when an a building that, if not stabilized is considered one EWP site to determine auxiliary spillway is damaged, extensive immediately, could result in the loss of whether future impacts to this site on repairs may be required to prevent the building. the structure are eligible for EWP funds. catastrophic failure that could result in This proposed clarification to the Thus, repairs can be made repetitively loss of life or property and to provide regulations still ensures immediate so long as the same location is not an opportunity for the dam to function action when no reasonable alternative is repetitively repaired more than twice properly in the future. available. The NRCS State within 10 years. Under the proposed action, existing conservationist would be authorized to EWP focuses upon disaster recovery structural/enduring/long-life carry out the needed recovery work to efforts while other USDA programs, as conservation practices that are damaged

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during disaster events would be eligible agricultural productivity, public health and cause the death of livestock and for EWP Program technical and cost- and safety, and the environment are poultry. Debris removal will typically be share assistance. This provision would often threatened in the aftermath of associated with the removal of debris allow repair of conservation practices disasters that occur outside these limits. from upstream of bridges and culverts, that may include grassed waterways, NRCS proposes that the availability of or in upland areas where buildup of terraces, embankment ponds, EWP Program assistance expand to debris in a waterway will cause flooding diversions, and water conservation include practices needed on all of homes and other structures. systems. Nonstructural and/or privately owned lands. This provision The practice components adopted to management practices such as of the proposed regulation would address upland debris deposition could conservation tillage would not be expand the EWP Program to include include, but not be limited to: eligible. Additionally, natural disaster areas away from streams and would • Creating access when needed to recovery practices where assistance is allow the removal of sediment and other move trucks and heavy equipment to a provided under the Emergency debris from agricultural land (croplands, debris site Conservation Program (ECP) orchards, vineyards, and pastures) and • Using chain saws, other power administered by the Farm Service windblown debris, particularly in areas tools, winches, and other machinery Agency would not be eligible for EWP considered environmentally sensitive. and heavy equipment to gather and assistance. EWP differs significantly Environmentally sensitive areas may process the debris for onsite disposal or from ECP because a sponsor is required include lands especially vulnerable to removal for EWP recovery work, and unlike ECP, damage from the products of erosion, • Disposing of debris in accordance EWP recovery assistance does not points of groundwater re-charge, habitat with local rules and regulations on-site provide financial assistance directly to of endangered or threatened species, or by burial, chipping, or burning individuals. NRCS is interested in cultural resource sites. This provision of • Loading on trucks for removal and receiving comments related to this the proposed regulation also provides disposal off-site in approved sites or proposed expansion of the eligibility of for EWP assistance for drought recovery landfills based upon the composition of EWP assistance to allow repair of activities. the material conservation practices. Deposits of large quantities of • Obtaining special technical Under this proposed paragraph, NRCS sediments and other debris on assistance and personnel to handle floodplains usually occurs from major could provide EWP assistance toward hazardous materials such as asbestos, flooding. Such materials are usually upgrading damaged or undersized petroleum products, propane, or other coarse and infertile, and frequently practices for structural/enduring/long- compressed gas containers, or other destroy or smother plants and impair life conservation practices when potentially hazardous or toxic normal agricultural use. This is a technology advances or construction compounds or materials normal occurrence in the dynamics of techniques warrant. All structural/ • Grading, shaping, and revegetating, floodplain systems, but it can jeopardize enduring/long-life conservation by seeding or planting, any portion of the productivity of agricultural lands. practices for which the sponsor is the area affected by the debris removal Under this proposed regulation, NRCS required to obtain a permit issued by a operation would consider alternative practices to Federal, State, or local entity shall be Drought recovery practices are designed and installed to meet the address the type of damage such as: • Removing and disposing the generally temporary in nature and are permit requirements or NRCS standards, intended to reduce the consequences of whichever is greater. sediment and other debris • a drought. EWP assistance typically The benefits obtained by adopting this Incorporating the sediment into the includes providing temporary water for proposal include: underlying soil • • Allowing repair work that would Offering to purchase a floodplain livestock to reduce the use of drought address conservation needs that may not easement (see § 624.10) impacted water sources, or prescribed be covered by other programs; Whether these sites qualify for EWP grazing and/or purchasing and • Helping to ensure that practices assistance and the most effective transporting hay, which allows will be repaired and remain functional alternative treatment depends upon rangeland to recover more rapidly. rather than being abandoned and many factors: Size of the particles, Planting vegetation may be used to becoming a hazard; depth of material deposited, lateral reduce soil erosion. EWP assistance will • Allowing the EWP Program to assist extent of the deposit, land use and soil not be used during drought situations to more landowners so that a greater type of the underlying material, and install permanent practices or number of people will benefit from value of the land to the entire structures, including water wells, natural resource protection; agricultural operation. Floodplain irrigation systems, or purchase of • Providing rapid treatment of natural easements (see § 624.10) can provide portable equipment (i.e., water pumps). resources by the EWP Program that disaster relief where there is too much EWP practices during drought situations might prevent further damage on and off debris to incorporate or haul off-site, or will not be conducted at the expense of site; and otherwise dispose. another natural resource, such as • Encouraging needed repairs by Most debris that is deposited on pumping or releasing water from a water sponsors by providing assistance upland areas is carried from winds of body to an extent that is through the EWP Program. hurricanes or tornadoes. Such debris environmentally detrimental. Section 624.6(c). This proposed may cover portions of several Section 624.6(d) Documentation. This provision would expand the areas now watersheds and normally consists of proposed paragraph would rename the covered under the EWP Program. downed trees, utility poles, and fence existing section 624.6(d). The Currently, EWP Program work is posts; livestock and poultry carcasses; information found in this paragraph normally confined to watercourses and or building materials, such as clarifies the language found in the areas immediately adjacent, except in insulation, shingles, metal roofing, existing regulation at § 624.6(b). case of drought or fire where work may metal siding, and similar non- Section 624.6(e) Implementation. This be carried out on critical areas in upland biodegradable materials. Similarly, ice proposed paragraph would rename the portions of a watershed. However, storms may result in debris deposition existing section 624.7(e) and would

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contain language previously found in effective and efficient use of limited and follow the priorities set by those the existing regulation at § 624.6(c). EWP funding. When a State agencies. Section 624.7 Cost share assistance. conservationist declares a local disaster, Section 624.9 Time limits. This This proposed section would rename he or she would typically follow these proposed section has been renamed, and the existing section and establish a cost- proposed priorities to determine the it would simplify time limits associated share rate of up to 75 percent for order in which sites would be with the obligation of funds and certain implementation of EWP measures and recovered. In some cases, the State limits for completion of work. NRCS up to 90 percent for limited-resource conservationist may deviate from the proposes a single time frame (220 days areas. list of priorities due to the damage after the date when the funds are Under current EWP program situation (e.g., a building may not be in committed to the State conservationist regulations at § 624.5(c)(1)(ii) and immediate jeopardy but giving its repair by the national office) to complete the § 624.5(C)(2)(i), impairments a higher priority may avoid adverse work. determined to be non-exigencies receive impacts to a cultural resource) or based Section 624.10 Floodplain easement. up to 80 percent Federal funding, and upon the sponsor’s priorities and ability This proposed section is being added to exigencies receive up to 100 percent to undertake the project. NRCS address administration of EWP Federal funding. The proposal to priorities are listed in the following floodplain easements. eliminate the exigency and non- table. Section 382 of the Federal Agriculture exigency categories would also Improvement and Reform Act of 1996, eliminate the differential cost-share rate. NRCS PRIORITY ORDER OF EWP Public Law 104–127, amended the EWP A single category of emergency would FUNDING authority to provide for the purchase allow for a single cost-share rate. In floodplain easements as an emergency addition, NRCS would reduce the Priority Damage situation measure. Since 1996, NRCS has general cost-share ceiling to align it with purchased floodplain easements on the 75 percent rate used in related 1 ...... Exigency. agricultural lands that qualify for EWP Federal programs. However, some 2 ...... Sites where there is a serious, but assistance. Floodplain easements increase in the Federal cost-share rate not immediate, threat to human restore, protect, maintain, and enhance may be warranted for sponsors within life. the functions of wetlands and riparian limited-resource areas. Without such 3 ...... Sites where property, structures, areas; conserve natural values including assistance, NRCS believes that the needs utilities, or other important infra- fish and wildlife habitat, water quality, of such areas will not be met if only 75 structure components are threatened. flood water retention, ground water percent cost-share rate is available. 4 ...... Sites with federally protected re- recharge, and open space; and safeguard Therefore, NRCS proposes in section sources, including: lives and property from floods, drought, 624.7(b) to allow sponsors of limited- Sites inhabited by federally listed and the products of erosion. resource areas to be eligible to receive threatened and endangered NRCS may purchase EWP easements up to 90 percent Federal funding. (T&E) species or containing the on any floodplain lands that have been The proposed definition of a limited- species designated critical habi- impaired within a 12-month period or resource area (see proposed definition tat where the individuals of the that have a history of repeated flooding in 624.4(d)) is a county where average species or the critical habitat (i.e., flooded at least two times during housing values are less than 75 percent would be in jeopardy without the past 10 years). Since offers into the the EWP practice; of the State average, per capita income program may exceed funding, NRCS is less than 75 percent of the national Sites that contain or are in prox- imity to cultural sites listed on maintains a list of easement offers that per capita income, and unemployment the National Register of Historic meet basic eligibility criteria at the time during the preceding 3 years is twice the Places where the listed re- of application, and these offers continue available U.S. average. All three criteria source would be jeopardized if to be eligible pending availability of would have to be met to qualify. NRCS the EWP practice were not in- funding. would use the most recent U.S. census stalled; Under the floodplain easement and unemployment data to make this Sites where prime farmland sup- option, a landowner offers to sell to determination. Local data may be used porting high value crops is NRCS a permanent easement that for small communities. threatened; provides NRCS with the full rights to Sites containing wetlands that If a natural disaster strikes a limited- restore and enhance the floodplain’s resource community in a non- would be damaged or de- stroyed without the EWP prac- functions and values. In exchange, a designated limited-resource area, the tice; and landowner receives an easement NRCS State conservationist would have Sites that have a major effect on payment in an amount calculated as the the authority to document the limited- water quality. least of one of the three following resource status using State census data 5 ...... Sites containing unique habitat— values: for the three factors mentioned above supporting State-listed T&E (i) A geographic rate established by and approve the 90 percent cost-share species or species of concern, the NRCS State conservationist; rate for that community. In no case recreation, or State- identified (ii) a value based on a market would this procedure be used for a unit sensitive habitats other than appraisal analysis for agricultural uses smaller than a ‘‘community,’’ as defined wetlands. or assessment for agricultural land; or 6 ...... Other lands not listed above. in proposed section 624.4(d). (iii) the landowner’s offer, if one has Section 624.8(b). This proposed been made. paragraph would clarify and replace Currently, in a presidentially declared NRCS may pay up to 100 percent of language previously found in the disaster, NRCS coordinates with the the restoration costs of the easement. current regulation § 624.10. Federal Emergency Management Agency Restoration efforts include both Section 624.8(c)(3) Funding Priorities. (or the State agency with emergency structural and non-structural practices. This proposed paragraph is being added recovery responsibilities). NRCS would To the extent practicable, NRCS may to provide guidelines for establishing continue to do so after the actively restore the natural features and funding priorities to allow the most implementation of this proposed change characteristics of the floodplain through

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re-creating the topographic diversity, and to allow NRCS to provide assistance recovery work, including the purchase increasing the duration of inundation for disaster recovery. of floodplain easements. Emergency and saturation, and providing for the re- watershed protection is authorized in List of Subjects in 7 CFR Part 624 establishment of native vegetation. The the 50 States, the District of Columbia, landowner is provided the opportunity Disaster assistance, Floodplain the Commonwealth of Puerto Rico, the to participate in the restoration efforts. easement, Flooding, Imminent threat, U.S. Virgin Islands, Guam, the Landowners retain several rights to Natural disaster, and Watershed Commonwealth of the Northern Mariana the property, including the right of quiet impairment. Islands, and American Samoa. enjoyment, the right to control public Accordingly, for the reasons stated in § 624.4 Definitions. access, and the right to undeveloped the preamble, it is proposed that Title 7 recreational use such as hunting and of the Code of Federal Regulations be (a) Defensibility means the extent to fishing. At any time, a landowner may amended by revising Part 624 to read as which an alternative action is: (1) More beneficial than adverse in obtain authorization from NRCS to follows: engage in other activities if NRCS the extent and intensity of its determines it will be compatible with PART 624—EMERGENCY environmental and economic effects; the protection and enhancement of the WATERSHED PROTECTION (2) In compliance with Federal, State, easement’s floodplain functions and and local laws; values. These compatible uses may Sec. (3) Acceptable to affected individuals include managed timber harvest, 624.1 Purpose. and communities; 624.2 Objective. (4) Effective in restoring or protecting periodic haying, or grazing. NRCS 624.3 Scope. the natural resources; determines the amount, method, timing, 624.4 Definitions. (5) Complete with all necessary intensity, and duration of any 624.5 Coordination. components included; and compatible use that might be 624.6 Program administration. (6) Efficient in achieving the desired authorized. While a landowner can 624.7 Cost-sharing. outcome. realize economic returns from an 624.8 Assistance. (b) Exigency means those situations activity allowed for on the easement 624.9 Time limits. that demand immediate action to avoid area, a landowner will not be assured of 624.10 Floodplain easements. 624.11 Waivers. potential loss of life or property, any specific level or frequency of such including situations where a second use, and the authorization does not vest Authority: Sec. 216, Pub. L. 81–516, 33 event may occur shortly thereafter that any right of any kind to the landowner. U.S.C. 701b–1; Sec. 403, Pub. L. 95–334, as could compound the impairment, cause Cropping would not be authorized as a amended, 16 U.S.C. 2203; 5 U.S.C. 301. new damages or the potential loss of life compatible use, and haying or grazing if action to remedy the situation is not § 624.1 Purpose. would not be authorized as a compatible taken immediately. use on lands that are being returned to The Natural Resources Conservation (c) Floodplain easement means a woody vegetation. Service (NRCS) is responsible for reserved interest easement, which is an While NRCS currently only purchases administering the Emergency Watershed interest in land, defined and delineated floodplain easements on agricultural Protection (EWP) Program. This part in a deed whereby the landowner lands, NRCS is proposing purchasing sets forth the requirements and conveys all rights and interest in the floodplain easements on non- procedures for Federal assistance, property to the grantee, but the agricultural lands. NRCS plans to administered by NRCS, under Section landowner retains those rights, title, and expand the availability of floodplain 216, Public Law 81–516, 33 U.S.C. interest in the property which are easements to low population density, 701b–1; and Section 403 of the specifically reserved to the landowner non-agricultural lands. Structures Agricultural Credit Act of 1978, Public in the easement deed. within the floodplain easement may be Law 95–334, as amended by Section (d) Imminent threat means a demolished or relocated outside the 382, of the Federal Agriculture substantial natural occurrence that 100-year floodplain, whichever costs Improvement and Reform Act of 1996, could cause significant damage to less. Public Law 104–127, 16 U.S.C. 2203. property or threaten human life. This element of the proposed rule (e) Limited resource area or would tend to increase program costs in § 624.2 Objective. community is defined as a unit of the short-term, but reduce costs to the The objective of the EWP Program is government or a group of people within Federal government in the long-term, as to assist sponsors, landowners, and a bounded geographical area who people and structures in non- operators in implementing emergency interact within shared institutions, and agricultural areas are relocated out of recovery measures for runoff retardation who possess a common sense of the floodplain. In addition, as more and erosion prevention to relieve interdependence and belonging where: acreage is returned to open space, the imminent hazards to life and property (1) Housing values are less than 75 floodplain would function in a more created by a natural disaster that causes percent of the State housing value natural state with increased long-term a sudden impairment of a watershed. average; public benefits. (2) Per capita income is 75 percent or Section 624.11 Waivers. This section § 624.3 Scope. less than the National per capita is being proposed to provide NRCS with EWP technical and financial income; and the opportunity to waive those assistance may be made available to a (3) Unemployment is at least twice provisions of the proposed rule that are qualified sponsor, or landowners when the U.S. average over the past 3 years not prohibited by the law. Situations a floodplain easement is the selected based upon the annual unemployment may arise that could be addressed alternative, upon a qualified sponsor or figures. through the EWP Program but proposed landowner’s request when a Federal NRCS will use the most recent provisions in this proposed regulation emergency is declared by the President National census information available may restrict or not allow NRCS to or when a local emergency is declared when determining (1) and (2) above. provide EWP assistance. This section is by the NRCS State conservationist. This (f) Natural occurrence includes, but is being proposed to avoid these situations program is designed for emergency not limited to, floods, fires, windstorms,

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hurricanes, typhoons, tornadoes, applied towards the sponsor’s appropriations for other Federal earthquakes, volcanic actions, slides, applicable cost-share of construction agencies. and drought. costs include: (3) Repair of structural/enduring/long- (g) Project sponsor means a legal (A) Cash, life conservation practices. subdivision of a State government or a (B) In-kind services such as labor, (i) Sponsors may receive EWP State agency, other government entities, equipment, design, surveys, contract assistance for long-life conservation or any Native American tribe or tribal administration and construction practices including, but not limited to, organization as defined in section 4 of inspection, and other services as grassed waterways, terraces, the Indian Self-Determination and determined by the State conservationist; embankment ponds, diversions, and Education Assistance Act (25 U.S.C. or water conservation systems, except 450b), with a legal interest in or (C) A combination of cash and in-kind where assistance is provided under the responsibility for the values threatened services; Emergency Conservation Program by a watershed emergency; is capable of (ii) Obtain any necessary real property administered by the Farm Service obtaining necessary land rights; and is rights, water rights, and regulatory Agency. capable of carrying out any operation permits; and (ii) EWP assistance may be available and maintenance responsibilities that (iii) Agree to provide for any required for the repair of certain structural may be required. operation and maintenance of the practices (i.e., dams and channels) (h) Watershed emergency means completed emergency measures. originally constructed under Public Law adverse impacts to resources exist when (3) The sponsor is responsible for 100 83–566, Public Law 78–534, Subtitle H a natural occurrence causes a sudden percent of the costs associated with of Title XV of the Agriculture and Food impairment of a watershed and creates meeting the requirements found in Act of 1981 (16 U.S.C. 3451 et seq.), an imminent threat to life or property. paragraphs (a)(2)(ii) and (a)(2)(iii) of this commonly known as the Resource (i) Watershed impairment means the section. Conservation and Development situation that exists when the ability of (b) Eligibility. NRCS will provide Program, and the Pilot Watershed a watershed to carry out its natural assistance based upon the NRCS State Program of the Department of functions is reduced to the point where conservationist’s determination that the Agriculture Appropriation Act of 1954 an imminent threat to health, life, or current condition of the land or (Public Law 83–156; 67 Stat. 214). EWP property is created. This impairment watershed impairment poses a threat to assistance may not be used to perform can also include sediment and debris health, life, or property. This assistance operation and maintenance activities deposition in floodplains and upland includes EWP practices associated with specified in the agreement for the portions of the watershed. the removal of public health and safety covered structure project entered into threats, and restoration of the natural with the eligible local organization § 624.5 Coordination. environment after disasters, including responsible for the works of (a) If the President declares an area to acquisition of floodplain easements. improvement. be a major disaster area, NRCS will (1) Priority EWP assistance is (iii) NRCS may authorize EWP provide assistance which will be available to alleviate exigency situations assistance for modifying damaged coordinated through the Federal (exigency is defined in § 624.4(b)). practices when technology advances or Emergency Management Agency Sponsors must complete practices construction techniques warrant (FEMA) or its designee. deemed necessary under an exigency modifications. (b) When an NRCS State situation within 5 days of the site (iv) EWP assistance is not available conservationist determines that a becoming accessible. NRCS may for repair or rehabilitation of watershed impairment exists but the approve assistance for temporary nonstructural management practices President does not declare an area to be correction practices to relieve an such as conservation tillage. a major disaster area, FEMA does not exigency situation until a more (4) Increased level of protection. In coordinate assistance. In this situation, acceptable solution can be designed and cases other than those described in NRCS will provide assistance, assume implemented. paragraph (b)(3)(iii) of this section, if the the lead, and coordinate work with the (2) Limitations. sponsor desires to increase the level of State office of emergency preparedness (i) In cases where the same type of protection that would be provided by and other Federal, tribal, or local natural event occurs within a 10-year the EWP practice, the sponsor shall pay agencies involved with emergency period and the site has been repaired 100 percent of the upgrade or additional activities, as appropriate. twice within that period using EWP work unless the upgrade is the result of assistance, then EWP assistance is permit requirements necessary to § 624.6 Program administration. limited to those sites eligible for the implement the recovery. (a) Sponsors. (1) When the State purchase of a floodplain easement as (c) Eligible practices. NRCS will only conservationist declares that a described in § 624.10 of this part. provide assistance for measures that: watershed impairment exists, NRCS (ii) EWP assistance shall not be used (1) Provide protection from additional may, upon request, make assistance to perform operation or maintenance flooding or soil erosion; available to a sponsor who must be a such as the periodic work that is (2) Reduce threats to life or property State or political subdivision thereof, necessary to maintain the efficiency and from a watershed impairment, including qualified Indian tribe or tribal effectiveness of a measure to perform as sediment and debris removal in organization, or unit of local originally designed and installed. floodplains and uplands; government. Private entities may not (iii) EWP assistance shall not be used (3) Restore the hydraulic capacity to receive assistance except through the to repair, rebuild, or maintain private or the natural environment to the sponsorship of a governmental entity. public transportation facilities, public maximum extent practical; (2) Sponsors must: utilities, or similar facilities. (4) Provide temporary water for (i) Contribute their share of the project (iv) EWP assistance shall not be livestock to reduce the use of drought costs by providing funds or certain provided on any Federal lands, unless impacted water sources, prescribed services necessary to undertake the adequate safeguards are followed to grazing or purchasing and transporting activity. Contributions that may be avoid inappropriate augmentation of hay to allow rangeland to recover; and

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(5) Are economically and EWP practices. In rare occurrences or designee. This information will be environmentally defensible and where mitigation cannot be installed submitted no later that 60 days from technically sound. concurrently, plans shall require receipt of the formal request from the (d) Documentation. NRCS shall mitigation be accomplished as soon as sponsor. NRCS may not commit funds document the economic rationale of practical. until notified by the Chief, or his proposed practices in appropriate detail (f) NRCS may determine that a designee, of the availability of funds. before the allocation of emergency measure is not eligible for assistance for (c) Before the release of financial funding, including projects under any reason, including economic and assistance, NRCS will enter into an consideration for floodplain easements environmental factors or technical agreement with a sponsor that specifies in § 624.10. Generally, the expected feasibility. the responsibilities of the sponsor under value of the property restored should § 624.7 Cost sharing. this part, including any required exceed the cost of emergency measures, operation and maintenance including taking into consideration (a) Except as provided in paragraph responsibilities. (b) of this section, the Federal environmental benefits. Documentation (1) NRCS will only provide funding contribution toward the implementation shall include, but is not limited to: for work that is necessary to reduce of emergency measures shall not exceed (1) Number of locations and extent of applicable threats. 75 percent of the construction cost of damage, including environmental and (2) Efforts must be made to avoid or cultural resources at risk, because of the such emergency measures, including work done to offset or mitigate adverse minimize adverse environmental watershed impairment; impacts associated with the (2) Estimated damages to the values at impacts as a result of the emergency implementation of emergency measures, risk if the threat is imminent but not yet measures. to the extent practicable, giving special realized; (b) If NRCS determines that an area (3) Events that must occur for any qualifies as a limited resource area, the attention to protecting cultural imminent threat to be realized and the Federal contribution toward the resources and fish and wildlife habitat. estimated probability of their implementation of emergency measures (3) Funding priorities. NRCS shall occurrence both individually and shall not exceed 90 percent of the provide EWP assistance based on the collectively; construction cost of such emergency following criteria: (4) Estimates of the nature, extent, and measures. (i) Exigency situations; costs of the emergency practices to be (c) If a natural disaster strikes a (ii) Sites where there is a serious, but constructed to recover from an actual limited resource community in a non- not immediate threat to human life; threat or relieve an imminent threat; designated limited-resource area, the (iii) Sites where buildings, utilities, or (5) Thorough description of the NRCS State conservationist has the other important infrastructure beneficial and adverse effects on authority to document the limited components are threatened; environmental resources, including fish resource status using census data for the (iv) Sites with federally protected and wildlife habitat; three factors listed in § 624.4(g)(1) resources, including, but not limited to: (6) Description of water quality and through (3) of this part, and approve the (A) Sites inhabited by federally listed water conservation impacts, as 90 percent cost-share rate for that threatened and endangered species or appropriate; community. In no case would this containing the species designated (7) Analysis of effects on downstream procedure be used for a unit smaller critical habitat where the individuals of water rights; and than a community. the species or critical habitat would be (8) Other information deemed in jeopardy without the EWP practice; appropriate by NRCS to describe § 624.8 Assistance. adequately the environmental impacts (a) Sponsors must submit a formal (B) Sites that contain or are in the to comply with the National request to the State conservationist for proximity to cultural sites listed on the Environmental Policy Act, Endangered assistance within 60 days of the natural National Register of Historic Places Species Act, National Historic disaster occurrence, or 60 days from the where the listed resource would be Preservation Act, and related date when access to the sites becomes jeopardized if the EWP practice were requirements. available. Requests shall include a not installed; (e) Implementation. When planning statement that the sponsors understand (C) Sites where prime farmland emergency recovery practices, NRCS their responsibilities and are willing to supporting high value crops is shall place emphasis on measures that pay its cost-shared percentage and threatened; are the most economical and are to be information pertaining to the natural (D) Sites containing wetlands that accomplished by using the least disaster, including the nature, location, would be damaged or destroyed without damaging practical construction and scope of the problems and the the EWP practice; and, techniques and equipment that retain as assistance needed. (E) Sites that have a major affect on much of the existing characteristics of (b) On receipt of a formal request for water quality. the landscape and habitat as possible. EWP assistance, the State (v) Sites containing unique habitat, Construction of emergency practices conservationist shall immediately including but not limited to, State-listed may include, but are not limited to, investigate the emergency situation to threatened and endangered species, fish timing of the construction to avoid determine whether EWP is applicable. and wildlife management areas, or impacting fish spawning, clearing of The State conservationist will take into State-identified sensitive habitats; and, right-of-ways, reshaping spoil, debris account the funding priorities identified (vi) Other lands not listed above. removal, use of bioengineering in paragraph (c)(3) of this section. The techniques, and revegetation of State conservationist will forward the § 624.9 Time limits. disturbed areas. Mitigation actions damage survey report, which provides Funds must be obligated by the State needed to offset potential adverse the information pertaining to proposed conservationist and construction impacts of the EWP practices should be EWP practice(s) and indicates the completed within 220 calendar days planned for installation before, or amount of funds necessary to undertake after the date funds are committed to the concurrent with, the installation of the the Federal portion, to the NRCS Chief State conservationist.

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§ 624.10 Floodplain easements. (6) NRCS may provide up to 100 States under the easement. The (a) General. Notwithstanding any percent of the restoration and landowner shall be liable for any costs limitations found in this part, NRCS enhancement costs of the easement. incurred by the United States as a result may purchase floodplain easements as NRCS may enter into an agreement to of the landowner’s negligence or failure an emergency measure. NRCS will only ensure that identified practices are to comply with easement or agreement purchase easements from landowners implemented. NRCS, the landowner, or obligations. on a voluntary basis. other designee may implement (3) In addition to any and all legal and (b) Floodplain easements. (1) identified practices. Restoration and equitable remedies as may be available Floodplain easements established under enhancement efforts may include both to the United States under applicable this part shall be: structural and non-structural practices. law, NRCS may withhold any easement (i) Held by the United States, through An easement acquired under this part and cost-share payments owing to the Secretary of Agriculture; shall provide NRCS with the full landowners at any time there is a (ii) Administered by NRCS or its authority to restore, protect, manage, material breach of the easement designee; and maintain, and enhance the functions covenants or any associated agreements. (iii) Perpetual in duration; and values of the floodplain. Such withheld funds may be used to (2) Eligible land. NRCS may (7) The landowner shall: offset costs incurred by the United determine that land is eligible under (i) Comply with the terms of the States, in any remedial actions, or this section if: easement; (i) The floodplain lands were retained as damages pursuant to court (ii) Comply with all terms and order or settlement agreement. damaged by flooding within the last 12 conditions of any associated agreement; months or have been subject to flood (4) NRCS shall be entitled to recover and, any and all administrative and legal damage at least twice within the (iii) Convey title to the easement that previous 10 years; or costs, including attorney’s fees or is acceptable to NRCS and warrant that expenses, associated with any (ii) Other lands within the floodplain the easement is superior to the rights of that would contribute to the restoration enforcement or remedial action. all others, except for exceptions to the (5) On the violation of the terms or of the flood storage and flow, erosion title that are deemed acceptable by control, or that would improve the conditions of the easement or related NRCS. agreement, the easement shall remain in practical management of the easement; (8) Structures, including buildings, or, force, and NRCS may require the within the floodplain easement may be landowner to refund all or part of any (iii) Lands that would be inundated or demolished and removed, or relocated adversely impacted as a result of a dam payments received by the landowner outside the 100-year floodplain. under this Part, together with interest breach. (c) Easement modifications. (1) After (3) Ineligible land. NRCS may thereon as determined appropriate by an easement has been recorded, no determine that land is ineligible under NRCS. modification will be made in the this section if: (6) All the general penal statutes (i) Implementation of restoration easement except by mutual agreement relating to crimes and offenses against practices would be futile due to on-site with the Chief and the landowner. the United States shall apply in the (2) Approved modifications will be or off-site conditions; administration of floodplain easements made only in an amended easement (ii) The land is subject to an existing acquired under this part. easement or deed restriction that which is duly prepared and recorded in provides sufficient protection or conformity with standard real estate § 624.11 Waivers. restoration of the floodplain’s functions practices, including requirements for To the extent allowed by law, the and values; or title approval, subordination of liens, NRCS Deputy Chief for Programs may (iii) The purchase of an easement and recordation. waive any provision of these would not meet the purposes of this (3) The Chief may approve regulations. part. modifications to facilitate the practical administration and management of the Signed in Washington, DC on October 29, (4) Compensation for easements. A 2003. landowner will receive the lesser of the easement area or the program so long as Bruce I. Knight, three following values as an easement the modification will not adversely payment: affect the functions and values for Chief, Natural Resources Conservation (i) A geographic rate established by which the easement was acquired. Service. the NRCS State conservationist, if one (4) Modifications must result in equal [FR Doc. 03–28793 Filed 11–18–03; 8:45 am] has been established; or greater environmental and economic BILLING CODE 3410–16–P (ii) A value based on a market values to the United States. appraisal analysis for agricultural uses (d) Enforcement. (1) In the event of a or assessment for agricultural land; or violation of an easement, the violator DEPARTMENT OF AGRICULTURE (iii) The landowner’s offer, if one has shall be given reasonable notice and an Grain Inspection, Packers and been made. opportunity to correct the violation (5) NRCS will not acquire any within 30 days of the date of the notice, Stockyards Administration easement unless the landowner accepts or such additional time as NRCS may the amount of the easement payment allow. 7 CFR Part 800 that is offered by NRCS. The easement (2) Notwithstanding paragraph (c)(1) payment may or may not equal the fair of this section, NRCS reserves the right RIN 0580–AA80 market value of the interests and rights to enter upon the easement area at any to be conveyed by the landowner under time to remedy deficiencies or easement Fees for Official Inspection and Official the easement. By voluntarily violations. Such entry may be made at Weighing Services participation in the program, a the discretion of NRCS when such AGENCY: Grain Inspection, Packers and landowner waives any claim to actions are deemed necessary to protect Stockyards Administration, USDA. additional compensation under EWP important floodplain functions and ACTION: Proposed rule. based on fair market value. values or other rights of the United

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SUMMARY: The Grain Inspection, Packers Commentors should also send a copy except for the one positive year GIPSA and Stockyards Administration (GIPSA) of any comments that concern revenue exceeded the costs by $88,000. proposes several changes to the fee information collection and GIPSA recognizes the need to reduce schedule for official inspection and recordkeeping requirements to the inspection and weighing costs as much weighing services performed under the Office of Information and Regulatory as possible before increasing fees. authority of the United States Grain Affairs, OMB, Attention: Desk Officer Therefore, GIPSA has taken action Standards Act (USGSA), as amended. for GIPSA, Washington, DC 20503. through the years to minimize payroll The USGSA provides the authority to FOR FURTHER INFORMATION CONTACT: costs. These actions include utilizing charge and collect reasonable fees to David Orr, Director, Field Management employee buyouts to remove high- cover the cost of performing official Division, e-mail address: salaried, senior employees from the services. These fees also cover the costs [email protected], telephone (202) active employment list; taking associated with administrative and 720–0228. advantage of employee attrition to reduce total staff by not hiring to fill supervisory activities related to official SUPPLEMENTARY INFORMATION: services. vacant positions; hiring and scheduling After a review of the financial status Background more part-time and intermittent employees to better manage staff costs of GIPSA, including a comparison of the The USGSA (7 U.S.C. 71 et seq.) during fluctuating work periods; and costs and revenues associated with authorizes GIPSA to provide official reducing the amount of paid overtime official services, and administrative and grain inspection and weighing services, via creative scheduling processes. supervisory activities; GIPSA is and to charge and collect reasonable Although GIPSA has observed a 14 proposing changes to the fee schedule. fees for performing these services. The percent reduction in paid hours and has These proposed changes include fees collected are to cover, as nearly as reduced overtime pay by 2 percent, this eliminating provisions for the 3-month practicable, GIPSA’s costs for is not enough to avoid continued and 6-month contracts; increasing the 1- performing these services, including year contract hourly rate by financial losses. related administrative and supervisory GIPSA has completed a review of the approximately 20 percent and the non- costs contract hourly rate by 47 percent; grain inspection and weighing programs GIPSA adopted its current fee and has determined it is necessary to increasing hourly rates for services not structure (61 FR 43301) effective performed at an applicant’s facility by amend the fees in order to replenish the October 1, 1996, for services provided retained earnings accounts and to approximately 11.5 percent; increasing by GIPSA employees. This fee structure unit fees for additional tests provided by maintain a 3-month operating reserve. change was needed because advances in The proposed changes are targeted to GIPSA; eliminating the 6-level technology had allowed exporters to administrative tonnage fee and recover employee costs directly related improve operational efficiencies, which, to services provided and to recover the replacing it with regional administrative in turn, had reduced the number of tonnage fees; eliminating the unit fee costs associated with administering and GIPSA personnel required to service supervising the grain inspection and charged to delegated States for export certain facilities. The fee structure was ships and replacing it with a tonnage weighing programs. Maintaining changed from primarily using hourly GIPSA’s financial stability will assure fee; increasing hourly fees for special fees to recover costs to a method that continued inspection and weighing weighing services by approximately 30 uses a mix of hourly and unit fees for services to the grain industry which will percent above the non-contract hourly its inspection and weighing services. further facilitate the sound and orderly rate; and establishing a $500 usage fee Direct service costs are recovered marketing of grain in domestic and per facility when the GIPSA test car is through hourly fees charged for export markets. used to test track scales. employees providing the inspection and To minimize the impact of a fee These proposed changes are needed to weighing services. Administrative costs increase, GIPSA has decided to propose replenish the retained earnings accounts are recovered by a tonnage fee applied fee rates that collect sufficient revenue and to maintain a 3-month operating to grain inspected and weighed as to immediately cover operating reserve. Further, maintaining GIPSA’s shipments from an export facility. expenses, while striving to create a 3- financial stability will assure continued Export grain companies are paying for month operating reserve by FY 2010. inspection and weighing services to the direct labor costs and pay a share of the These proposed fees are designed to grain industry which will further local and national administrative costs. collect sufficient annual revenue facilitate the sound and orderly Since implementing the fees in 1996, through FY 2007, to achieve an average marketing of grain in domestic and GIPSA has adjusted hourly fees to estimated positive $1,000,000 balance export markets. correspond with annual Federal pay annually based on an inspection volume DATES: Written comments must be increases. of 80 MMT per year. The cost of living submitted on or before January 20, 2004. This action is necessary since projections used in calculating future ADDRESSES: Interested persons are employee payroll costs account for salary and benefits out to FY 2007 were encouraged to submit comments via approximately 84 percent of GIPSA’s supplied by OMB as set forth in their electronic mail or Internet to total operating budget. The current Federal Register publication (68 FR [email protected]. Hardcopy USGSA fees were published in the 12388) on March 14, 2003. GIPSA will written comments may be sent to Tess Federal Register on June 2, 2003, (68 FR evaluate the financial status of the grain Butler, GIPSA, USDA, 1400 32623) and became effective on July 2, inspection and weighing program on a Independence Avenue, SW., Room 2003. continuous basis to determine if it is 1647–S, Washington, DC 20250–3604, GIPSA regularly reviews its programs meeting the goal of obtaining a 3-month or fax to (202) 690–2755. All comments to determine if the fees are adequate. operating reserve by FY 2010 and to should make reference to the date and Since implementing the fees in 1996, determine if other adjustments are page number of this issue of the Federal GIPSA has only experienced one year necessary. While GIPSA may not fully Register, and will be available for public where the revenues exceeded the costs. replenish its 3-month reserve until FY inspection in the above office during Annual losses have been between $1 2010, it is critical that action is taken to regular business hours (7 CFR 1.27 (b)). million to $1.7 million since 1996 start to replenish it. GIPSA proposes to

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gradually replenish a reserve rather than Grain marketing strategies and administrative costs have increased due sharply increase fees in the short term shortfalls in expected export volume to increased employee benefit costs, to immediately replenish it. GIPSA have also had a negative effect on increases in payroll caused by longevity welcomes all comments regarding the GIPSA’s revenue. Since 1996, some pay, and increases in payroll due to proposed action and encourages the grain exporting facilities have locality pay. Costs not related to public to submit comments regarding automated their material handling employees have also increased. These alternatives to the fee structure that systems which requires fewer local and national administrative costs would accelerate the replenishment of inspection and weighing personnel to include rent, communications, utilities, the retained earnings account and the 3- provide service and makes the elevator and other administrative support month operating reserve. more efficient. This improved efficiency services. Based on its evaluation, GIPSA has triggered a shift in locations where identified the costs and determined Proposed Action grain is loaded. these hourly rates need to increase by GIPSA is proposing changes to the fee Since grain marketing strategies have approximately 11.5 percent to recover schedule to collect fees to recover the shifted the movement of grain at the the additional costs. cost of services and to recover the export market, GIPSA needs to re- Unit Fees. In addition to hourly fees, administrative and supervisory costs evaluate the hourly rates charged at GIPSA also charges unit fees for related to these services. The proposed these facilities. additional services. These unit fees are changes include (1) eliminating GIPSA established a 3-month and 6- charged in addition to the hourly rate provisions for the 3-month and 6-month month contract rate for facilities that when the services are provided at an contracts; (2) increasing the 1-year had fluctuating workloads; however, applicant’s facility in an onsite contract hourly rate by approximately GIPSA had only one 3-month contract laboratory. These unit fees are based on 20 percent and the non-contract hourly and one 6-month contract during FY the cost of equipment and supplies rate by 47 percent; (3) increasing hourly 2002 and had none of these contracts in needed to conduct the test. GIPSA also rates for services not performed at an FY 2003. GIPSA has learned through the charges unit fees for services performed applicant’s facility by approximately years of contracting that it is extremely at other than an applicant’s facility in a 11.5 percent; (4) increasing unit fees for difficult to accurately project an GIPSA laboratory and for some additional tests provided by GIPSA; (5) employees non-revenue producing time miscellaneous services. These unit fees eliminating the 6-level administrative when utilizing 3-month and 6-month are designed to recover the direct costs tonnage fee and replacing it with contracts. Therefore, GIPSA has decided of the services (salary, equipment, and regional administrative tonnage fees; (6) it is best to provide service with either supplies) along with administrative and eliminating the unit fee charged to a one-year contract or with the non- supervisory costs. GIPSA has not made delegated States for export ships and contract rate. Therefore, GIPSA plans to any adjustments to the unit fees for replacing it with a tonnage fee; (7) abolish provisions for the 3-month and services provided at an applicant’s increasing hourly fees for special 6-month contracts. facility in an onsite laboratory since the weighing services by approximately 30 GIPSA conducted a detailed, port-by- fees were first promulgated in 1996. Due percent above the non-contract hourly port evaluation of its costs and revenue to the increased costs for providing rate; and (8) establishing a $500 usage streams for both contract and non- services, GIPSA proposes to adjust the fee per facility when the GIPSA test car contract employees. GIPSA found that unit fees in section 800.71 to reflect is used to test track scales. payroll increases caused by grade these costs. Contract and Hourly Rates. GIPSA has increases, longevity pay, and locality As GIPSA updates these unit fees, it determined the hourly rates for services pay have exceeded the cost-of-living also provides GIPSA a chance to remove performed at export facilities by GIPSA increases that GIPSA has charged obsolete services from the list. At one employees do not cover total salary and annually. Further, GIPSA found that time, GIPSA offered aflatoxin tests using benefits costs. Despite implementing changes in grain distribution have the thin-layer chromatography (TLC) changes to correspond to annual Federal increased non-revenue periods for method. GIPSA discontinued the use of pay increases totaling 30 percent over certain workers. The evaluation showed this test in 1998 because of the the years; salary and benefit costs have the actual level of revenue-producing hazardous chemical materials required increased 36 percent due to increased time likely to be expected from contract to conduct the test and rapid test kits employee benefit costs, longevity pay and non-contract workers. Based on its were available for field use which were and locality pay. Increased employee evaluation, GIPSA has determined that safer and less expensive. GIPSA is cost (salaries and benefits) is not the to adequately cover service costs and removing the method from the fee only reason the hourly fees are not start to replenish its reserves, it is schedule since this test is no longer covering the costs of services at the necessary to increase the annual available. The unit fee for aflatoxin will export market. contract rate by approximately 20 recover the costs of the quick test kits When GIPSA established the hourly percent and to increase the non-contract currently used at field offices. rates in 1996, certain assumptions were hourly rate by approximately 47 percent Administrative Tonnage Fee. GIPSA made to establish those rates. Those in order to recover the costs of the pool. also utilizes a 6-level tonnage fee assumptions included the historic GIPSA also charges hourly fees for designed to recover the local and volume of grain moving through the services performed at other than export national administrative and supervisory export facilities, the number of hours facilities. These fees are designed to costs which are not covered by unit fees needed to load that volume of grain, and recover GIPSA employee salary and and hourly fees assessed at other than the anticipated non-revenue producing benefits costs along with a portion of export facilities. This fee is only charged time experienced by our employees. administrative and supervisory costs. to facilities in the United States that Hourly fees, both contract rate and non- Again, despite fee increases to have export grain inspected by GIPSA. contract rate, were established based on accommodate the annual Federal pay The 6-level administrative tonnage fee these assumptions. These assumptions, increases, the current fees do not is designed to reduce fees as the however, have not held true over the sufficiently cover costs. Like the inspection volume increases. These fees years due to the changes in grain employee costs at export, employee have also been adjusted through the marketing. service costs and employee years to reflect the annual Federal pay

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raises. The following table illustrates implemented in 1996 and what is how the fee levels are structured and current for the same levels. indicates what was originally

ADMINISTRATIVE TONNAGE FEES

1996 fees Current fees Metric ton ranges ($ per metric ton) ($ per metric ton)

1–1,000,000 ...... 0.090 0.1199 1,000,001–1,500,000 ...... 0.082 0.1094 1,500,001–2,000,000 ...... 0.042 0.0591 2,000,001–5,000,000 ...... 0.032 0.0437 5,000,001–7,000,000 ...... 0.017 0.0239 7,000,001 + ...... 0.002 0.0109

When GIPSA introduced the 6-level 1: Specific field office tonnage fees; percent (Alternative 3). Although all the tonnage fee in 1996, the World Alternative 2: A flat rate national field offices collected revenues to Agricultural Outlook Board projected administrative tonnage fee; and recover the total administrative costs of grain exports to increase 2.5 percent Alternative 3: Increasing the current 6- GIPSA; not all field offices collected annually, and reach 131 MMT by 2001. level tonnage fee by 27 percent. The revenue to offset their individual office With this in mind, GIPSA decided to analysis used actual FY 2002 costs, costs. GIPSA is also concerned that use 85 MMT as the target level for revenue, and volume of export grain shifting market trends may make the 6- setting fees. This would be the inspected by GIPSA. level tonnage fee unreliable since the breakeven point. GIPSA could expect to The specific field office tonnage fee revenues are dependent on the volume recover costs if billable tonnage were 85 (Alternative 1) was designed to recover of grain handled by each facility. MMT or more. Conversely, costs would local overhead costs and a part of the After considering these alternatives, exceed the revenues if billable tonnage national administrative costs. Local GIPSA proposes adopting the specific were less than 85 MMT. Since 1996, administrative costs were divided by the field office administrative tonnage fee GIPSA had only one year where the tonnage observed by that field office to structure (Alternative 1). Under this fee billable tonnage reached the 85 MMT determine the cost per ton needed by structure, local export facilities mark at 85.2 MMT. Although GIPSA the field office to cover expenses. financially support their field office recovered the costs that year, the other National administrative costs were administrative costs and every ton of years had losses between $1 million and divided by the total export tons serviced grain exported from field office service $1.7 million. The decision to use 85 by GIPSA at all field offices to areas is assessed an identical fee to MMT as the breakeven basis for the determine the cost per ton needed to cover headquarters costs. This will administrative tonnage fee has recover administrative costs at ensure that headquarters costs are contributed to the revenue shortfall. headquarters. The sum of the two per collected regardless of where the grain Other changes in market practices ton costs (local and national) was used is exported. This proposed tonnage fee further reduced revenue collected. to establish a specific field office also puts each field office in an Exports handled by the New Orleans tonnage fee. GIPSA determined the use independent financial position and Field Office facilities increased from 72 of specific field office tonnage fees encourages customers to work directly percent of the total tons serviced by resulted in each field office collecting with each field office to continue the GIPSA in FY 1996 to 78.6 percent in FY sufficient revenue to cover local implementation of grain handling 2002. During the same period, the administrative costs as well as efficiencies while raising the awareness League City Field Office export tonnage headquarters administrative costs. of local administrative and supervisory decreased from 13 to 12 percent and the A flat rate national administrative costs. This action should foster the Portland Field Office volume declined tonnage fee (Alternative 2) was designed further development and from 10 to 7 percent. In addition, the to recover total administrative costs but implementation of grain handling Baltimore Field Office was closed due to not necessarily each field office efficiencies by grain companies to no volume in FY 2002. These market collecting revenues to recover the local reduce the cost of GIPSA services. Also, shifts resulted in less revenue being costs. This tonnage fee was calculated this process makes administrative and collected per metric ton than originally by dividing GIPSA’s total administrative supervisory costs more transparent to predicted since the shift in New Orleans costs (field offices and headquarters) by the industry. resulted in more tons loaded at a lower the total tons of U.S. export grain GIPSA developed the new per-ton cost due to the 6-level fee serviced by GIPSA. GIPSA determined administrative tonnage fees by structure. Export volume increased and the flat rate national administrative projecting GIPSA costs to the FY 2007 the revenue per ton decreased. tonnage fee would collect the revenues level and assuming GIPSA billable GIPSA’s analysis of the financial to recover the total administrative costs tonnage will be 80 MMT. GIPSA information for the 6-level but only the New Orleans Field Office determined the field office tonnage rates administrative tonnage fee shows the received revenue to recover the field would be $0.167 per ton for elevators revenues from it are not recovering the office administrative costs. All other serviced by the League City Field Office, costs. To better recover field office field offices did not recover their local $0.067 per ton for elevators serviced by administrative and supervisory costs in administrative costs. the New Orleans Field Office, $0.136 today’s export grain marketing GIPSA determined if increasing the per ton for elevators serviced by the environment, GIPSA analyzed three current 6-level tonnage fee was to Portland Field Office, and $0.184 for potential changes to the current become a viable option, those fees elevators serviced by the Toledo Field administrative tonnage fee: Alternative would have to be increased by 27 Office.

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When GIPSA implemented the program, GIPSA plans to change this fee costs have exceeded revenue for the last administrative tonnage fees, it also from a unit fee to a tonnage fee. The several years by approximately $25,000 provided for a monthly payment of tonnage fee would be set at $0.016 per per year. This is due to hourly fees not administrative fees to level out the ton since this is what GIPSA calculated fully recovering the cost of the service payments over the year based on the as the amount needed to recover costs. representative and an increase in the expected tonnage handled by a facility. GIPSA proposes to change the fees cost of maintaining the aging test cars This provision, located in section shown in 7 CFR 800.71, Schedule C- and other equipment used in the 800.73 (e) of the regulations, was used Fees for FGIS Supervision of Official program. Consequently, the total to level out the tonnage rates over a year Inspection and Weighing Services funding and revenue are not meeting the instead of paying in incremental levels. Performed by Delegated States and/or cost of the program. GIPSA reviewed the need to preserve Designated Agencies in the United Although the test cars GIPSA uses in this regulation and determined it was no States by removing the $49.20 unit fee this program are properly maintained to longer needed. Proposing specific field for ships and replacing it with the provide an accurate service, more office tonnage rates that will not change $0.016 per ton fee which GIPSA frequent repair services are needed due due to increased volume does not determined is needed to help recover to the age of the test cars. This is require a monthly payment program to the cost of administration and increasing the cost of the program. level the costs. Further, the provision supervision of the official agency Eventually, GIPSA will need to replace for the monthly payment process has program. test cars in order to continue providing not been used by industry. Therefore, Special Weighing Services. GIPSA this valuable service to the railroad GIPSA is proposing to remove this also provides special weighing services industry. GIPSA had solicited bids to provision from the regulations. to the grain industry and other build a new car; however, the initial bid Delegated State Ship Fees. GIPSA also industries requiring accurate weights. cost was in excess of $200,000 and oversees the activities of delegated These services include scale testing and GIPSA did not have the funds to cover States and designated agencies that certification, evaluations of weighing that cost. To collect the funds needed to provide official services on behalf of and material handling systems used to maintain and replace test cars, GIPSA GIPSA. To support this activity, GIPSA automate weighing functions, National proposes to implement a user fee of also charges a supervision fee to the Type Evaluation Program scale $500 per facility when the test car is agencies to recover this cost. The evaluations, mass standards calibration used to test commercial track scales. current fees for the supervision of and reverification services, and special Implementing a specific fee for the use inspection and weighing services weighing projects. GIPSA provides these of the test cars will assure that only performed by the agencies were services through scale specialists those companies that use the test cars published in the Federal Register on located at certain field offices and in are contributing towards the expenses September 23, 1985, (50 FR 28303), and headquarters. directly related to the test cars. These became effective on October 1, 1985. Scale specialists are highly expenses include both the maintenance GIPSA currently assesses a $49.20 fee specialized individuals who are trained of the test cars and costs associated with for every ship inspected by a delegated in scale operation and the operation of the replacement of the test cars. State. This fee is then passed on to the test equipment. Scale specialists are in GIPSA has determined that applying exporter by the delegated State. a different job classification and grade a $500 service fee to the 50 locations As GIPSA evaluated the level than inspectors or weighers serviced by GIPSA for using the GIPSA administrative and supervisory fees because of their unique responsibility. test car, in addition to the hourly fee for needed to cover field office and national Consequently, they are classified at a the service representative, should raise administrative and supervisory costs, higher grade level. On average, scale sufficient funds to recover the annual GIPSA also considered the contribution specialist costs are 30 percent higher loses of $25,000. GIPSA, by recovering of revenue collected from official than the cost of agricultural commodity this annual financial loss, will be able agencies to cover the costs of graders. Therefore, GIPSA needs to set to maintain the test cars in good repair administration and supervision of their the hourly fee for special weighing and initiate retained earnings to programs. GIPSA initiated this review services at a level approximately 30 contribute towards the purchase of new by determining the total administrative percent higher than the fee established test cars in the future. GIPSA will not and supervisory costs of overseeing the for non-contract services. apply the $500 usage fee to the AAR official agencies ($2,330,343) and the GIPSA also owns and operates five scales tested under the agreement since total number of metric tons inspected by railroad test cars that are used to test AAR’s costs are covered through the official agencies in both the domestic and calibrate railroad master scales and service agreement. and export markets (150,650,608 metric commercial track scales. The National In summary, GIPSA is authorized by tons) to determine the overall cost per Bureau of Standards (NBS) master scale the USGSA to charge and collect ton needed to cover these administrative testing program transferred to GIPSA in reasonable fees for performing official and supervisory costs. This resulted in 1980 under an agreement between NBS, inspection and weighing services. The a need to collect $0.016 per metric ton. the Association of American Railroads fees are to cover, as nearly as In FY 2002, delegated States (AAR), and then, the Federal Grain practicable, GIPSA’s costs for inspected 37,586,754 metric tons of Inspection Service. Under this performing inspection and weighing grain (655 ships) and GIPSA collected agreement, GIPSA is responsible for services, including related $32,226 in revenues from the $49.20 per maintaining the master scale in Chicago administrative and supervisory costs. ship fee. This makes the current ship fee and annual testing and calibration of GIPSA has determined the current fees equivalent to $0.00086 per metric ton. other railroad master scales located are not recovering these costs despite This is short of the $0.016 per metric throughout the United States. efforts to reduce these costs over the ton GIPSA calculated as needed to GIPSA’s railroad track scale testing years. recover costs. Since the current ship fee program is funded by the service Accordingly, GIPSA is proposing is contributing very little to recover the agreement with AAR and by revenues changes to the fee schedule. These costs of administration and supervision collected from non-AAR customers. The proposed changes include (1) of the delegation and designation railroad track scale testing program eliminating provisions for the 3-month

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and 6-month contracts; (2) increasing provided by GIPSA; (5) eliminating the percent above the non-contract hourly the 1-year contract hourly rate by 6-level administrative tonnage fee and rate; and (8) establishing a $500 usage approximately 20 percent and the non- replacing it with regional administrative fee per facility when the GIPSA test car contract hourly rate by 47 percent; (3) tonnage fees; (6) eliminating the unit fee is used to test track scales. increasing hourly rates for services not charged to delegated States for export These proposed changes should performed at an applicant’s facility by ships and replacing it with a tonnage generate additional average annual approximately 11.5 percent; (4) fee; (7) increasing hourly fees for special increasing unit fees for additional tests weighing services by approximately 30 revenues as noted in the following table.

Projected annual Projected annual Changes to fee schedule FY02 revenue revenue revenue increase

Eliminating 3-month and 6-month contracts ...... $31,063 $0 $(31,063) Increasing 1-year contract and non-contract hourly rates ...... 16,220,331 18,515,129 2,294,798 Increasing hourly rates not at facility ...... 13,886 16,928 3,042 Increasing unit fees for testing services ...... 677,854 930,110 252,256 Substituting regional tonnage fee for 6-level administrative fee ...... 4,845,464 6,905,679 2,060,215 Substituting tonnage fee for unit fees on delegated State ship inspections ...... 32,226 601,388 569,162 Increasing hourly fees for special weighing services ...... 426,195 519,552 93,357 Establishing test car usage fee ...... 0 25,000 25,000

Totals ...... 22,247,019 27,513,786 5,266,767

These proposed changes are needed to proposed changes to the fee schedule illustrates how gradually restoring the restore the retained earnings accounts should gradually replenish the retained fund is projected over time. and to maintain a 3-month operating earnings account and the 3-month reserve. GIPSA has projected that the operating reserve. The following table

PROJECTED FINANCIAL POSITION FOR GIPSA

FY 03 FY 04 FY 05 FY 06 FY 07

Shortfall in Retained Earnings ...... $1,945,000 $1,573,000 $¥926,000 $¥2,705,000 $¥3,740,000 3-Month Operating Reserve ...... 6,475,000 6,680,000 6,853,000 7,034,000 7,219,000

Total Need ...... 8,420,000 8,253,000 5,927,000 4,329,000 3,479,000

GIPSA will evaluate the financial Regulatory Impact Assessment (RIA) GIPSA determined a minimum of 85 status of the grain inspection and consisting of a statement of the need for million metric tons (MMT) of billable weighing program every six months to the proposed action, an examination of tonnage was needed to break even. determine if it is meeting the goal of alternative approaches, and an analysis Since implementing the fees in 1996, obtaining a 3-month operating reserve of the benefits and costs. GIPSA has only experienced one year by fiscal year 2010. Using the projected Need for Proposed Action. The where the revenues exceeded the costs. information in the above table, GIPSA USGSA requires GIPSA to charge and That year the billable tonnage reached will assess if the revenue collection collect reasonable fees for performing 85 MMT. The other years had billable trend is comparable to the financial official inspection and weighing tonnage below the 85 MMT target and objectives of the table. GIPSA would services. The fees are to cover, as nearly costs exceeded the revenues in those consider further adjusting the fees if it as practicable, GIPSA’s costs for years due to the changes in grain becomes apparent that GIPSA’s goal to performing inspection and weighing marketing. Annual losses have been restore the retained earnings accounts services, including related between $1 million to $1.7 million since and to obtain a 3-month operating administrative and supervisory costs. 1996; except for the one positive year reserve is not achievable by fiscal year GIPSA changed the inspection and GIPSA revenue exceeded the costs by 2010. weighing fees in 1996 (61 FR 43301) $88,000. Maintaining GIPSA’s financial from using predominately hourly fees to The continued financial deficits stability will assure continued the current method of using a mixture prompted GIPSA to initiate a detailed inspection and weighing services to the of hourly fees, unit fees, and tonnage analysis of the user fees and operating grain industry which will further fees. Hourly fees are designed to recover costs to determine why revenues were facilitate the sound and orderly the salary and benefit costs for those not supporting the costs and to marketing of grain in domestic and employees (pool) that perform work at determine what action was needed. At export markets. an export grain elevator. Unit fees are the same time, it must be recognized designed to recover the costs of tests that the U.S. grain market is very Executive Orders 12866 and 12988 along with administrative and dynamic and constantly changing which This proposed rule has been supervisory costs. Tonnage fees are makes it difficult to precisely predict determined to be significant for the designed to recover local and national and project long-term market trends. purposes of Executive Order 12866 and, administrative and supervisory costs. Transportation costs, grain handling therefore, has been reviewed by the GIPSA implemented the new fees costs, global pricing, environmental Office of Management and Budget expecting exports to increase. Export conditions, crop quality conditions, (OMB). GIPSA has prepared a volume is a critical condition since phytosanitary issues, and crop

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production are some of the issues that employees have converted to the new grain that is inspected and weighed, and influence the changing grain market. Federal Employees Retirement System the track scale testing program is not Since implementing the fees in 1996, (FERS) and all new employees are in producing the revenue needed to GIPSA has adjusted hourly fees to FERS. The FERS is patterned after a maintain the testing program. correspond with annual Federal pay typical retirement system used by non- GIPSA charges unit fees for additional increases. This action is necessary since Federal companies in that the employer services provided at an applicant’s employee payroll costs account for must pay into social security and facility in an onsite GIPSA laboratory. approximately 84 percent of GIPSA’s matches contributions into a 401(k) These unit fees are charged in addition total operating budget. Although these plan. to the hourly rate. These unit fees are fee adjustments were made through the Grain marketing strategies and export designed to recover the costs of the years, GIPSA costs continue to exceed volume have also had a negative effect equipment and supplies needed to its revenues. on GIPSA’s revenue. Since FY 1996, provide the service. GIPSA has not GIPSA recognizes the need to reduce some grain exporting facilities have made any adjustments to these unit fees inspection and weighing costs as much automated their material handling since they were first promulgated in as possible before increasing fees. systems which requires fewer 1996. Therefore, GIPSA has taken action inspection and weighing personnel to Currently, GIPSA assesses $49.20 per through the years to minimize payroll provide service and makes the elevator ship to delegated States for providing costs. These actions include utilizing more efficient. This improved efficiency official inspection and weighing employee buyouts to remove high- has triggered a shift in locations where services. This fee is collected to recover salaried, senior employees from the export grain is loaded. For example, the administrative and supervision costs of active employment list; taking New Orleans Field Office facilities the official agencies. GIPSA has advantage of employee attrition to increased their export capacity from 72 determined the delegated States should reduce total staff by not hiring to fill percent of the total tons serviced by be contributing $0.016 per ton towards vacant positions; hiring and scheduling GIPSA in FY 1996 to 78.6 percent in FY administrative and supervisory costs. more part-time and intermittent 2002. During the same timeframe, the However, the $49.20 per ship fee is only employees to better manage staff costs League City Field Office export tonnage recovering an amount equivalent to during fluctuating work periods; and decreased from 13 to 12 percent and the $0.00086 per ton. reducing the amount of paid overtime Portland Field Office volume declined GIPSA also provides special weighing via creative scheduling processes. from 10 to 7 percent. These market services to the industry. These services Although GIPSA has observed a 14 shifts resulted in less revenue being include scale testing and certification, percent reduction in paid hours and has collected per metric ton than originally evaluations of weighing and material reduced overtime pay by 2 percent, this planned because of the 6-level handling systems, National Type is not enough to avoid continued administrative tonnage fee. The New Evaluation Program scale evaluations, financial losses. Orleans Field Office exports average mass standards calibration and GIPSA’s financial review detected revenue was $0.048 per ton in 2002 reverification services, and special where the program losses were while League City average revenue was weighing projects. GIPSA provides these occurring. GIPSA has determined the $0.090 per ton and Portland’s average services through scale specialists hourly fees for services performed at the revenue was $0.098 per ton. GIPSA located at certain field offices and in export elevator are not recovering the estimates this shift in grain movements headquarters. Scale specialists are in a full cost of the pool. The base salary and resulted in a revenue loss of different job classification and grade benefits for the pool have increased approximately $660,000. Further, level than inspectors or weighers beyond the annual Federal pay increase billable tonnage is not reaching the 85 because of their unique responsibility. adjustments. Locality pay was not MMT targeted in the 1996 fee schedules Consequently, they are classified at a factored into the yearly cost-of-living as the break even point. Therefore, higher grade level. On average, scale increases nor was longevity pay revenue predictions based on billable specialist costs are 30 percent higher increases. When the current fee was first tonnage were higher than what was than the cost of agricultural commodity established in 1996, the base contract actually billed. graders. Therefore, GIPSA needs to set hourly fee was based on a GS–9, step 5 GIPSA has evaluated the the hourly fee for special weighing pay level which was the average pay administrative tonnage fee and services at a level approximately 30 level for the pool. Today the average determined it is not recovering its share percent higher than the fee established pool pay level is a GS–9, step 8. This of local and national administrative and for non-contract services. equates to an average additional annual supervisory costs because of increased The track scale testing program also salary cost of $3,500 per GS–9 inspector. employee costs not related to annual uses special weighing equipment (test Locality pay may also increase this cost pay increases, shifting grain exports to cars) to test track scales. These cars by an additional 9 percent to 18 percent lower revenue per ton markets, and require maintenance and need to be depending on the geographic location of exports not reaching the 85 MMT mark replaced in the future. To assist in the employee. to break even. Local and national costs recovering the costs associated with Benefits paid to employees have also such as rent, communications, utilities, these railcars, GIPSA would charge a increased. In FY 1996, employee benefit and other administrative support $500 unit fee each time the car is used costs averaged 19 percent. Since that services have also increased since 1996. at a facility. time, overall benefit costs have Adjustments to the fees during the years GIPSA has concluded that despite increased 6 percent and now average 25 have not compensated for these cost efforts to reduce the cost of services, percent. Many factors have led to this increases. including administrative and increase. Health and life insurance As GIPSA reviewed its financial supervisory activities, the revenues premiums have increased along with status, it also concluded that unit fees collected from the current user fees are Office of Worker’s Compensation are not recovering the cost of providing less than the costs associated with these Program (OWCP) costs. GIPSA pays all the service, supervision fees charged to services. Consequently, GIPSA must re- OWCP costs since the government is self delegated States for ships are not evaluate the design and application of insured. Since FY 1996, some sufficient compared to the quantity of user fees to recover the costs of

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providing service in order to place the facilitate the orderly marketing of grain employees, the number and types of agency in a sound financial status. in the domestic and export markets. elevators serviced, and the volume of GIPSA is statutorily required to charge Alternatives. Various methods were grain exported from that area. Fiscal fees to cover the cost of service. To do considered by which the objectives of Year 2002 information for each field this, GIPSA has projected the potential the rule could be accomplished. GIPSA office was used to analyze and compare costs out to FY 2007 and plans to thoroughly evaluated the method of the expected revenues for the various replenish the operating reserve fund structuring fees prior to the alternatives because the information is back to its 3-month level by FY 2010. implementation of the last major fee the most current and is indicative of The cost of living projections used in schedule revision in 1996. GIPSA recent marketing trends. This calculating future salary and benefits determined at that time that the information was used to detail the cost were supplied by OMB as published in combination of hourly fees and unit fees recovery by each field office. provided customers with the the Federal Register (68 FR 12388) on Table 1 indicates the 5 GIPSA export March 14, 2003. Additionally, GIPSA is information they need to determine the costs of specific inspection and field offices (the Baltimore office was also adjusting the projected billable closed in November 2002), the number tonnage to set full cost recovery from 85 weighing services because the fees are more specific. of elevators in each field office area, the MMT to 80 MMT. GIPSA believes that number of metric tons inspected, the this revised projection is necessary The design and implementation of the administrative tonnage fee to recover amount of revenue collected from the because annual billable tonnage has local and national administrative and tonnage fee for each field office, the averaged near 80 MMT from 1996 to supervisory costs is another important field office administrative cost related to 2002. The 80 MMT does not include component of this proposal. GIPSA tonnage revenue, the headquarters export grain shipments serviced by evaluated and compared three different administrative cost related to tonnage delegated States, land carrier exports to alternatives for charging administrative revenue, the amount of both the field Mexico and Canada serviced by tonnage fees: Alternative 1: Establishing office and headquarters administrative designated agencies, small shipments an administrative tonnage fee specific to cost, and the amount each field office exported under the 15,000 metric ton each field office, Alternative 2: was deficient. Table 1 demonstrates that exemption program, or other export Establishing a fixed rate national some offices did not cover their shipments not requiring Federal administrative tonnage fee, or individual administrative and services. Alternative 3: Increasing the current 6- supervisory costs i.e., Baltimore, GIPSA has determined that this action level administrative tonnage rates by 27 Portland, and Toledo) and all failed to is needed to recover the costs of percent. cover the total administrative and providing services and to maintain a GIPSA analyzed the various supervisory costs of the combined field professional workforce to inspect and alternatives in relation to each field office and headquarters cost as a result weigh grain for the grain industry. In office area because each field office is of the employee cost increases and the doing so, GIPSA will continue to unique when considering the number of changes in grain marketing.

TABLE 1.—ACTUAL ADMINISTRATIVE METRIC TONNAGE FEES AND COSTS (FY 2002 DATA)

FY2002 tons FY 2002 ton Field office F/O portion Total F/O & Amt. short for Field office No. elev. inspected revenue admin. cost of H.Q. H.Q. admin. cost recovery admin. cost 1 cost

Baltimore ...... 3 876,586 $110,952 $120,717 $38,394 $159,112 $(48,160) League City ...... 7 10,071,370 905,972 880,749 441,126 1,321,875 (415,904) New Orleans ...... 13 64,622,607 3,126,212 778,759 2,830,470 3,609,229 (483,017) Portland ...... 3 4,142,092 406,895 416,166 181,424 597,589 (190,695) Toledo ...... 6 2,555,750 295,433 353,006 111,942 464,948 (169,514)

Total ...... 32 82,268,405 4,845,464 2,549,397 3,603,356 6,152,753 (1,307,290) 1 Headquarters cost portion per field office calculated by dividing the total amount of headquarters cost by the total number of metric tons in- spected. That amount ($0.0438 per ton) was then multiplied by the number of tons inspected by each field office.

Table 2 indicates the average revenue alternative. There are differences in the decreases the amount per ton collected per ton collected by each office, the actual average revenue collected per ton as the total tonnage increases. Under component amounts of administrative in each office for FY 2002. This ranges Alternative 3, these differences in and supervisory revenues per ton from $0.048 per ton in New Orleans to revenue collected from each field office needed to meet field office and $0.127 per ton in Baltimore. These would continue because the current 6- headquarters costs, and the estimated differences are due to the 6-level level administrative tonnage fee would cost per metric ton calculated for each administrative tonnage fee which remain in effect.

TABLE 2.—ADMINISTRATIVE TONNAGE FEE COMPARISON (FY 2002 DATA)

Actual Dollars per ton needed Dollars per ton needed to recover total overhead FY02 to recover F/O & H.Q. Field office revenue costs per ton Alternative 1 re- Alternative 2 one Alternative 3 in- per ton gional per ton total admin. fee per ton crease ranges fee F/O H.Q. 1 overhead ton by 27%

Baltimore ...... $0.127 $0.138 $0.044 $0.182 $0.075 $0.162 League City...... 0.090 0.087 0.044 0.131 0.075 0.115

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TABLE 2.—ADMINISTRATIVE TONNAGE FEE COMPARISON (FY 2002 DATA)—Continued

Dollars per ton needed Dollars per ton needed to recover total overhead Actual to recover F/O & H.Q. Field office FY02 costs per ton Alternative 1 re- Alternative 3 in- revenue gional per ton total Alternative 2 one crease ranges fee per ton admin. fee per ton F/O H.Q. 1 overhead ton by 27%

New Orleans...... 0.048 0.012 0.044 0.056 0.075 0.062 Portland ...... 0.098 0.100 0.044 0.144 0.075 0.126 Toledo ...... 0.116 0.139 0.044 0.183 0.075 0.149 1 $0.0438 rounded to $0.044.

The administrative and supervisory in the unique field office tonnage rate Table 3 shows the projected cost attributed to headquarters in Table required to cover the entire field office administrative tonnage revenues based 2 is $0.044 (rounded from $0.0438) per administrative costs and the field office on the tonnage fees from Table 2. The metric ton inspected. This amount is portion of the national administrative projected information shows all offices determined by dividing the amount of cost. Establishing a fixed rate national collect sufficient revenues to cover the headquarters cost ($3,603,356 from administrative tonnage fee (Alternative local administrative and supervisory Table 1) by the number of total metric 2) tonnage rates is arrived at by taking costs as well as the headquarters cost tons inspected (82,268,405 tons from the total administrative costs (all field when the regional tonnage fees are used Table 1). The administrative cost of each office costs plus headquarters costs) (Alternative 1). The other alternatives office is determined by dividing the divided by the total billable tonnage. cover the total cost of administration offices administrative cost (from Table This results in a single tonnage fee that and supervision; however, some offices 1) by the number of metric tons is applicable to all GIPSA customers. do not collect the revenues needed to inspected by each office (from Table 1). Increasing the current 6-level In Table 2, establishing an administrative tonnage fee (Alternative support the field office costs and some administrative tonnage fee specific to 3) is arrived at by taking the current do not cover the total of the field office each field office (Alternative 1) is tonnage rate tables and increasing them cost combined with a portion of the arrived at by combining the calculated by 27 percent. The 27 percent increase headquarters administrative cost as a field office tonnage rate with the is what GIPSA determined the shortage result of the employee cost increases headquarters tonnage rate. This results was in the revenue to the costs. and the changes in grain marketing.

TABLE 3.—ADMINISTRATIVE TONNAGE FEE REVENUE COMPARISON (FY 2002 DATA)

Alternative 3 Total needed F/ Alternative 1 Alternative 2 increase ranges Field office FY02 ton O & H.Q. admin- regional per ton one admin. fee ton fee by 27% istrative cost revenue per ton revenue revenue

Baltimore ...... 876,586 $159,112 $159,112 $65,569 $142,019 League City...... 10,071,370 1,321,875 1,321,875 753,339 1,159,644 New Orleans...... 64,622,607 3,609,229 3,610,173 4,833,775 4,006,405 Portland ...... 4,142,092 597,589 597,589 309,829 520,826 Toledo ...... 2,555,750 464,948 467,039 191,170 380,394

Total ...... 82,268,405 6,152,753 6,155,789 6,153,682 6,209,288

All alternatives collect the targeted The national administrative fee fees are calculated to recover the amount needed to fully fund both field approach (Alternative 2) relies heavily projected increases in administrative and headquarters overhead in total. on the New Orleans Field Office to and supervisory costs related to GIPSA believes each field office should support the administrative and employee costs as determined by the collect sufficient revenue from supervisory costs of the other offices. OMB estimates and based on a customers to support the local field The alternative to increase the current 6- minimum 80 MMT of billable tonnage. level tonnage fee structure by 27 percent office administrative and supervisory Table 4 lists the expected tonnage and costs in addition to their share of the (Alternative 3) results in the same situation. After a complete evaluation, the expected administrative and national administrative and supervisory supervisory costs for field offices and costs. This would put each field office GIPSA believes the regional tonnage method (Alternative 1) is the best headquarters projected out to FY 2007. in an independent financial position approach to collect revenues for these This information was then used to and would encourage customers to work costs. Under Alternative 1, users of the determine the specific field office directly with each field office and service would be paying their share of tonnage rate needed to recover field headquarters to continue the the local costs of operating and office costs and the tonnage rate needed implementation of grain handling maintaining a field office in their port to recover the headquarters cost. The efficiencies while raising the awareness area. GIPSA proposes to establish new field office tonnage rate in Table 4 was of local administrative and supervisory administrative tonnage fees based on the arrived at by dividing the projected field costs. concept of Alternative 1. These tonnage office cost by the projected tonnage.

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TABLE 4.—PROJECTED ADMINISTRATIVE METRIC TONNAGE FEES AND COSTS (FY 2007 PROJECTION)

Projected Projected total Field office No. elev. Projected tons Projected F/O admin. ton- F/O & H.Q. inspected admin. cost nage fee for admin. cost field offices 1

Baltimore ...... Field office was closed and elevators and costs redistributed to other field offices. League City ...... 7 9,130,000 1,048,000 $0.115 $1,522,760 New Orleans ...... 14 63,330,000 946,000 0.015 4,239,160 Portland ...... 3 5,335,000 447,000 0.084 724,420 Toledo ...... 8 2,253,000 296,000 0.131 413,156

Total ...... 32 80,048,000 2,737,000 (2) ...... 1 The projected fees for some locations are lower than or equal to those of FY 2002. This is due to changes in expected export volumes, redis- tribution of workload and costs due to the closing of the Baltimore Field Office, and certain one-time costs. 2 The projected fee needed to recover the headquarters cost ($0.052) was calculated by dividing the total amount of headquarters cost ($4,154,000) by the total number of metric tons inspected.

Table 5 combines the field office revenue for each field office by headquarters) for each field office (from tonnage rates with the headquarters multiplying the projected tons for each Table 4) to determine if each field office tonnage rates to calculate the specific field office by the specific field office collected sufficient revenues to cover field office tonnage rate that would be rate. The projected revenue for each their costs. proposed. The projected tonnage rate office was compared to the projected was used to calculate the projected total costs (field office and

TABLE 5.—PROJECTED COSTS AND REVENUES COLLECTED BY FIELD OFFICE (FY 2007 PROJECTION)

Projected administrative Projected fees and revenue tonnage fee Field office Projected tons Projected ton- Projected cost/ inspected Projected revenue F/O H.Q. nage fee revenue ($) ($/ton) 1 balance ($)

League City ...... 9,130,000 0.115 0.052 0.167 1,524,710 1,950 New Orleans ...... 63,330,000 0.015 0.052 0.067 4,243,110 3,950 Portland ...... 5,335,000 0.084 0.052 0.136 725,560 1,140 Toledo ...... 2,253,000 0.131 0.052 0.183 412,299 (857)

Total ...... 80,048,000 6,905,679 1 The projected fees for some locations are lower than or equal to those of FY 2002. This is due to changes in expected export volumes, redis- tribution of workload and costs due to the closing of the Baltimore Field Office, and certain one-time costs.

Table 5 demonstrates that the and supervisory costs. This resulted in this is what GIPSA calculated as the projected tonnage fees produce revenues $0.016 per metric ton to cover amount needed to recover costs. to cover, as nearly as practicable, overall administration and supervision of Summary of Benefits. This proposal costs for each field office. The Toledo official agencies. would allow GIPSA to collect revenues Field Office calculated tonnage rate, Currently, GIPSA assesses $49.20 per from our customers to support direct however, does not cover their costs. ship to delegated States for providing service costs along with the Therefore, GIPSA increased their rate by administrative and supervisory costs of official inspection and weighing one-tenth of a cent per ton to fully providing these services. The revenues services. This fee is then passed on to recover their costs. collected from this proposal would the exporter by the delegated State. In As GIPSA evaluated the provide GIPSA the resources needed to FY 2002, delegated States exported administrative and supervisory fees replenish the retained earnings account 37,586,754 metric tons of grain (655 needed to cover field office and national to a 3-month operating reserve. This administrative and supervisory costs, ships) and GIPSA collected $32,226 in proposed increase in fees is needed to GIPSA also considered the contribution revenues from the $49.20 per ship fee. recover the costs of providing service of revenue collected from official This makes the current ship fee and to provide the financial foundation agencies to cover the costs of equivalent to $0.00086 per metric ton. for GIPSA to maintain a highly skilled administration and supervision of their This is far less than the $0.016 per and professional work force to inspect programs. GIPSA initiated this review metric ton GIPSA calculated was and weigh grain. The proposed action by determining the total administrative needed to recover costs. Since the would also foster further development and supervisory costs of overseeing the current ship fee is contributing very of grain handling efficiencies official agencies ($2,330,343) and the little to recover the costs of implemented by grain companies. This total number of metric tons inspected by administration and supervision of the would further reduce the cost of GIPSA official agencies in both the domestic delegation and designation program, services by reducing the number of and export markets (150,650,608 metric GIPSA plans to change this fee from a employees needed to provide service. tons) to determine the overall cost per unit fee to a tonnage fee. The tonnage These combined actions would assist ton needed to cover these administrative fee would be set at $0.016 per ton since GIPSA in fulfilling its mission to

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facilitate the marketing of grain in policies unless they present Respondents: Export grain companies. domestic and export markets by irreconcilable conflict with this rule. Estimated annual number of assuring continued inspection and There are no administrative procedures respondents: 18. weighing services to the grain industry. that must be exhausted prior to any Estimated annual number of User fees promote the internalization judicial challenge to provisions of this responses per respondent: 4.00. of the real cost of providing inspection rule. Estimated annual number of and weighing services in consumer responses: 72. transaction decisions. User fees also Paperwork Reduction Act and Estimated total annual burden on achieve savings in Government Government Paperwork Elimination Act respondents: 23.76 hours. expenditures, and, therefore, reduce the In compliance with the Paperwork Copies of this information collection tax support necessary for the system to Reduction Act of 1995 (44 U.S.C. can be obtained from Tess Butler, operate at a given level. These tax funds Chapter 35), the information collection GIPSA, USDA, 1400 Independence can then be used in other programs or and recordkeeping requirements Avenue, SW., Room 1647–S, to reduce taxes overall and, thus, included in this proposed rule have Washington, DC 20250–3604. diminish the efficiency losses associated been submitted for approval to the GIPSA is committed to compliance with the generation of taxes (deadweight Office of Management and Budget with the Government Paperwork loss plus collection costs). The revision (OMB). Please send written comments Elimination Act, which requires of user fees helps ensure that the user to the Office of Information and Government agencies, in general, to fees adequately reflect the cost of Regulatory Affairs, OMB, Attention: provide the public the option of performing the services over time. Desk Officer for GIPSA, Washington, DC submitting information or transacting Summary of Costs. GIPSA has 20503. Please state that your comments business electronically to the maximum determined that the total cost to the refer to GIPSA Fees for Official extent possible. grain industry to implement the Inspection and Official Weighing Civil Rights Review proposed changes will be approximately Services. Please send a copy of your $5,266,767 per year. This represents an comments to: (1) Tess Butler, GIPSA, In promulgating this regulation, approximate 21 percent increase in USDA, 1400 Independence Avenue, GIPSA considered the potential civil revenues or an average increase of 6.5 SW., Room 1647–S, Washington, DC rights implications on minorities, cents per ton. These calculations are 20250–3604, and (2) Clearance Officer, women, or persons with disabilities and based on the assumptions that the OCIO, USDA, room 404–W, 14th Street prepared a Civil Rights Impact Analysis projected OMB employee costs for and Independence Avenue, SW., to ensure that no person or group shall continued annual Federal pay increases Washington, DC 20250. A comment to be discriminated against on the basis of will increase a total of 17.38 percent OMB is best assured of having its full race, color, sex, national origin, religion, from FY 2002 to FY 2007 and GIPSA effect if OMB receives it within 30 days age disability, or marital or family will collect revenue from a minimum of of publication of this proposed rule. status. GIPSA has considered potential 80 MMT per year which was used to The proposed rule would require civil rights implications of this establish the tonnage fee. GIPSA would applicants to complete Form FGIS–4, proposed rule on minorities, women, or collect this additional revenue by (1) Application and Agreement for Contract persons with disabilities to ensure that increasing the 1-year contract hourly Services, if they intend to enter into a no person or group will be rate by approximately 20 percent and one-year contract service agreement discriminated against on the basis of the non-contract hourly rate by 47 with GIPSA. race, color, sex, national origin, religion, percent and eliminating provisions for We are soliciting comments from the age, disability, or marital or familial the 3-month and 6-month contracts; (2) public concerning our proposed status. The proposed rule will apply in increasing hourly rates for services not information collection and the same manner to all persons and performed at an applicant’s facility by recordkeeping requirements. These groups whose activities are regulated, approximately 11.5 percent; (3) comments will help us: regardless of race, gender, national increasing unit fees for additional tests (1) Evaluate whether the proposed origin, or disability. Information provided by GIPSA; (4) eliminating the information collection is necessary for indicates that the proposal will have no 6-level administrative tonnage fee and the proper performance of our agency’s effect on protected populations. replacing it with regional administrative functions, including whether the Regulatory Flexibility Act Certification tonnage fees; (5) eliminating the unit fee information will have practical utility; charged to delegated States for export (2) Evaluate the accuracy of our GIPSA has determined that this ships and replacing it with a tonnage estimate of the burden of the proposed proposed rule will not have a significant fee; (6) increasing hourly fees for special information collection, including the economic impact on a substantial weighing services by approximately 30 validity of the methodology and number of small entities, as defined in percent above the non-contract hourly assumptions used; the Regulatory Flexibility Act (5 U.S.C. rate; and (7) establishing a $500 usage (3) Enhance the quality, utility, and 601 et seq.). The USGSA (7 U.S.C. 71 et fee per facility when the GIPSA test car clarity of the information to be seq.) authorizes GIPSA to provide is used to test track scales. collected; and official grain inspection and weighing This proposed rule has been reviewed (4) Minimize the burden of the services, and to charge and collect under Executive Order 12988, Civil information collection on those who are reasonable fees for performing these Justice Reform. This action is not to respond (such as through the use of services. The fees collected are to cover, intended to have a retroactive effect. appropriate automated, electronic, as nearly as practicable, GIPSA’s costs The USGSA provides in Sec. 87g that no mechanical, or other technological for performing these services, including subdivision may require or impose any collection techniques or other forms of related administrative and supervisory requirements or restrictions concerning information technology; e.g., permitting costs the inspection, weighing, or description electronic submission of responses). GIPSA adopted its current fee of grain under the USGSA. Otherwise, Estimate of burden: Public reporting structure (61 FR 43301) effective this proposed rule would not preempt burden for this action is estimated to October 1, 1996, for services provided any State or local laws, regulations, or average 0.33 hours per response. by GIPSA employees. This fee structure

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change was needed because advances in recover employee costs directly related GIPSA also provides nonmandatory technology had allowed exporters to to services provided and to recover the inspection and weighing services at improve operational efficiencies, which, costs associated with administering and other than export locations. in turn, had reduced the number of supervising the grain inspection and Approximately 75 different applicants GIPSA personnel required to service weighing programs. Maintaining receive nonmandatory inspection certain facilities. The fee structure was GIPSA’s financial stability will assure services each year and approximately 50 changed from primarily using hourly continued inspection and weighing different locations receive track scale fees to recover costs to a method that services to the grain industry which will tests as a miscellaneous service each uses a mix of hourly and unit fees for further facilitate the sound and orderly year. While most of these applicants are its inspection and weighing services. marketing of grain in domestic and large businesses, we assume that the Direct service costs are recovered export markets. proposed increases should not through hourly fees charged for To minimize the impact of a fee significantly affect many small employees providing the inspection and increase, GIPSA has decided to propose businesses requesting these official weighing services. Administrative costs fee rates that collect sufficient revenue services. Furthermore, any of these are recovered by a tonnage fee applied to immediately cover operating applicants that wish to avoid the fee to grain inspected and weighed as expenses, while striving to create a 3- increase may do so by using an shipments from an export facility. month operating reserve by FY 2010. alternative source for these services. Export grain companies are paying for These proposed fees are designed to Such a decision should not prevent the direct labor costs and pay a share of the collect sufficient annual revenue business from marketing its product or local and national administrative costs. through FY 2007, to achieve an average conducting business as usual. Since implementing the fees in 1996, estimated positive $1,000,000 balance GIPSA has determined that the total GIPSA has adjusted hourly fees to annually based on an inspection volume cost to the grain industry to implement correspond with annual Federal pay of 80 MMT per year. The cost of living the proposed changes will be increases. This action is necessary since projections used in calculating future approximately $5,266,767 per year. This employee payroll costs account for salary and benefits out to FY 2007 were represents an approximate 21 percent approximately 84 percent of GIPSA’s supplied by OMB as set forth in their increase in revenues or an average total operating budget. The current Federal Register publication (68 FR increase of 6.5 cents per ton. These USGSA fees were published in the 12388) on March 14, 2003. GIPSA will calculations are based on the Federal Register on June 2, 2003, (68 FR evaluate the financial status of the grain assumptions that the projected OMB 32623) and became effective on July 2, inspection and weighing program on a employee costs for continued annual 2003. continuous basis to determine if it is Federal pay increases will increase a GIPSA regularly reviews its programs total of 17.38 percent from FY 2002 to meeting the goal of obtaining a 3-month to determine if the fees are adequate. FY 2007 and GIPSA will collect revenue operating reserve by FY 2010 and to Since implementing the fees in 1996, from a minimum of 80 MMT per year determine if other adjustments are GIPSA has only experienced one year which was used to establish the tonnage necessary. where the revenues exceeded the costs. fee. Annual losses have been between $1 Under the provisions of the United Most users of the official inspection million to $1.7 million since 1996 States Grain Standards Act, grain and weighing services do not meet the except for the one positive year GIPSA exported from the United States must be requirements for small entities. Further, revenue exceeded the costs by $88,000. officially inspected and weighed. GIPSA is required by statute to make GIPSA recognizes the need to reduce Mandatory inspection and weighing services available and to recover, as inspection and weighing costs as much services are provided by GIPSA at 32 nearly as practicable, the costs of as possible before increasing fees. export facilities and by delegated States providing such services. Additionally, Therefore, GIPSA has taken action at 19 export facilities. All of these GIPSA has not identified any other through the years to minimize payroll facilities are owned by multi-national Federal rules which may duplicate, costs. These actions include utilizing corporations, large cooperatives, or overlap, or conflict with this proposed employee buyouts to remove high- public entities that do not meet the rule. Therefore, Donna Reifschneider, salaried, senior employees from the requirements for small entities Administrator, GIPSA, has determined active employment list; taking established by the Small Business that this proposed rule will not have a advantage of employee attrition to Administration. Further, the regulations significant economic impact on a reduce total staff by not hiring to fill are applied equally to all entities. substantial number of small entities as vacant positions; hiring and scheduling The USGSA (7 U.S.C. 87f–1) requires defined in the Regulatory Flexibility Act more part-time and intermittent the registration of all persons engaged in (5 U.S.C. 601 et seq.). employees to better manage staff costs the business of buying grain for sale in during fluctuating work periods; and foreign commerce. In addition, those List of Subjects in 7 CFR Part 800 reducing the amount of paid overtime individuals who handle, weigh, or Administrative practice and via creative scheduling processes. transport grain for sale in foreign procedure; Grain. Although GIPSA has observed a 14 commerce must also register. The For the reasons set out in the percent reduction in paid hours and has USGSA regulations (7 CFR 800.30) preamble, 7 CFR Part 800 is proposed to reduced overtime pay by 2 percent, this define a foreign commerce grain be amended as follows: is not enough to avoid continued business as persons who regularly financial losses. engage in buying for sale, handling, PART 800—GENERAL REGULATIONS GIPSA has completed a review of the weighing, or transporting grain totaling 1. The authority citation for part 800 grain inspection and weighing programs 15,000 metric tons or more during the continues to read as follows: and has determined it is necessary to preceding or current calendar year. At amend the fees in order to replenish the present, there are 90 registrants Authority: Pub. L. 94–582, 90 Stat. 2867, retained earnings accounts and to registered to export grain. While most of as amended (7 U.S.C. 71 et seq.) maintain a 3-month operating reserve. the 90 registrants are large businesses, 2. Section 800.71 is amended by The proposed changes are targeted to we assume that some may be small. revising paragraph (a), Schedule A and

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Tables 1 and 2 in Schedule C to read as § 800.71 Fees assessed by the Service. Schedule A—Fees for Official follows: (a) * * * Inspection and Weighing Services Performed in the United States

TABLE 1.—FEES FOR OFFICIAL SERVICES PERFORMED AT AN APPLICANT’S FACILITY IN AN ONSITE FGIS LABORATORY 1

Monday to Monday to Saturday, Friday (6 Friday (6 Sunday, Holidays a.m. to 6 p.m. to 6 and Over- p.m.) a.m.) time 2

(1) Inspection and Weighing Services Hourly Rates (per service representative): 1-year contract ($ per hour) ...... 36.00 37.60 43.00 64.00 Noncontract ($ per hour) ...... 64.00 64.00 64.00 64.00

(2) Additional Tests (cost per test, assessed in addition to the hourly rate) 3 (i) Aflatoxin (rapid test kit method) ...... $10.00 (ii) Corn oil, protein, and starch (one or any combination) ...... 2.25 (iii) Soybean protein and oil (one or both) ...... 2.25 (iv) Wheat protein (per test) ...... 2.25 (v) Sunflower oil (per test) ...... 2.25 (vi) Vomitoxin (qualitative) ...... 12.50 (vii) Vomitoxin (quantitative) ...... 18.50 (viii) Waxy corn (per test) ...... 2.25 (ix) Fees for other tests not listed above will be based on the lowest noncontract hourly rate...... (x) Other services ...... (a) Class Y Weighing (per carrier) ...... (1) Truck/container ...... 30 (2) Railcar ...... 1.25 (3) Barge ...... 2.50 (3) Administrative Fee (assessed in addition to all other applicable fees, only one administrative fee will be assessed when inspection and weighing services are performed on the same carrier). (i) All outbound carriers serviced by the specific field office (per-metric ton). (a) League City ...... $0.167 (b) New Orleans ...... $0.067 (c) Portland ...... $0.136 (d) Toledo ...... $0.184 1 Fees apply to original inspection and weighing, reinspection, and appeal inspection service and include, but are not limited to, sampling, grading, weighing, prior to loading stowage examinations, and certifying results performed within 25 miles of an employee’s assigned duty sta- tion. Travel and related expenses will be charged for service outside 25 miles as found in 800.72 (a). 2 Overtime rates will be assessed for all hours in excess of 8 consecutive hours that result from an applicant scheduling or requesting service beyond 8 hours, or if requests for additional shifts exceed existing staffing. 3 Appeal and reinspection services will be assessed the same fee as the original inspection service.

TABLE 2.—SERVICES PERFORMED AT OTHER THAN AN APPLICANT’S FACILITY IN AN FGIS LABORATORY. 12

(1) Original Inspection and Weighing (Class X) Services: 12 (i) Sampling only (use hourly rates from Table 1). (ii) Stationary lots (sampling, grade/factor, & checkloading): (a) Truck/trailer/container (per carrier) ...... $20.00 (b) Railcar (per carrier) ...... 29.70 (c) Barge (per carrier) ...... 187.50 (d) Sacked grain (per hour per service representative plus an administrative fee per hundredweight) (CWT) ...... 0.04 (iii) Lots sampled online during loading (sampling charge under (i) above, plus): (a) Truck/trailer container (per carrier) ...... 12.00 (b) Railcar (per carrier) ...... 25.00 (c) Barge (per carrier) ...... 128.10 (d) Sacked grain (per hour per service representative plus an administrative fee per hundredweight) (CWT) ...... 0.04 (iv) Other services: (a) Submitted sample (per sample—grade and factor) ...... 12.00 (b) Warehouseman inspection (per sample) ...... 21.00 (c) Factor only (per factor—maximum 2 factors) ...... 5.70 (d) Checkloading/condition examination (use hourly rates from Table 1, plus an administrative fee per hundredweight if not previously assessed)(CWT) ...... 0.04 (e) Reinspection (grade and factor only. Sampling service additional, item (i) above) ...... 13.00 (f) Class X Weighing (per hour per service representative) ...... 64.00 (v) Additional tests (excludes sampling): (a) Aflatoxin (rapid test kit method) ...... 30.00 (b) Corn oil, protein, and starch (one or any combination) ...... 10.00 (c) Soybean protein and oil (one or both) ...... 10.00 (d) Wheat protein (per test) ...... 10.00 (e) Sunflower oil (per test) ...... 10.00 (f) Vomitoxin (qualitative) ...... 31.00 (g) Vomitoxin (quantitative) ...... 38.50 (h) Waxy corn (per test) ...... 10.00

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TABLE 2.—SERVICES PERFORMED AT OTHER THAN AN APPLICANT’S FACILITY IN AN FGIS LABORATORY. 12—Continued (i) Canola (per test—00 dip test) ...... 10.00 (j) Pesticide Residue Testing: 3 (1) Routine Compounds (per sample) ...... 216.00 (2) Special Compounds (per service representative) ...... 115.00 (k) Fees for other tests not listed above will be based on the lowest noncontract hourly rate from Table 1 ...... (2) Appeal inspection and review of weighing service: 4 (i) Board Appeals and Appeals (grade and factor) ...... 82.00 (a) Factor only (per factor—max 2 factors) ...... 43.00 (b) Sampling service for Appeals additional (hourly rates from Table 1) ...... (ii) Additional tests (assessed in addition to all other applicable fees): (a) Aflatoxin (rapid test kit method) ...... 30.00 (b) Corn oil, protein, and starch (one or any combination) ...... 17.70 (c) Soybean protein and oil (one or both) ...... 17.70 (d) Wheat protein (per test) ...... 17.70 (e) Sunflower oil (per test) ...... 17.70 (f) Vomitoxin (per test—qualitative) ...... 41.00 (g) Vomitoxin (per test—quantitative) ...... 47.00 (h) Vomitoxin (per test—HPLC Board Appeal) ...... 141.00 (i) Pesticide Residue Testing: 3 (1) Routine Compounds (per sample) ...... 216.00 (2) Special Compounds (per service representative) ...... 115.00 (j) Fees for other tests not listed above will be based on the lowest noncontract hourly rate from Table 1 ...... (iii) Review of weighing (per hour per service representative) ...... 82.60 (3) Stowage examination (service-on-request): 3 (i) Ship (per stowage space) (minimum $255.00 per ship) ...... 51.00 (ii) Subsequent ship examinations (same as original) (minimum $153.00 per ship).. (iii) Barge (per examination) ...... 41.00 (iv) All other carriers (per examination) ...... 16.00 1 Fees apply to original inspection and weighing, reinspection, and appeal inspection service and include, but are not limited to, sampling, grading, weighing, prior to loading stowage examinations, and certifying results performed within 25 miles of an employee’s assigned duty sta- tion. Travel and related expenses will be charged for service outside 25 miles as found in § 800.72 (a). 2 An additional charge will be assessed when the revenue from the services in Schedule A, Table 2, does not cover what would have been col- lected at the applicable hourly rate as provided in § 800.72 (b). 3 If performed outside of normal business, 11⁄2 times the applicable unit fee will be charged. 4 If, at the request of the Service, a file sample is located and forwarded by the Agency, the Agency may, upon request, be reimbursed at the rate of $2.65 per sample by the Service.

TABLE 3.—MISCELLANEOUS SERVICES 1

(1) Grain grading seminars (per hour per service representative) 2 ...... $64.00 (2) Certification of diverter-type mechanical samplers (per hour per service representative) 2 ...... 64.00 (3) Special weighing services (per hour per service representative) 2 (i) Scale testing and certification ...... 83.20 (ii) Scale testing and certification of railroad track scales ...... 83.20 (iii) Evaluation of weighing and material handling systems ...... 83.20 (iv) NTEP Prototype evaluation (other than Railroad Track Scales) ...... 83.20 (v) NTEP Prototype evaluation of Railroad Track Scale ...... 83.20 (vi) Use of GIPSA railroad track scale test equipment per facility for each requested service. (Track scales tested under the Association of American Railroads agreement are exempt.) ...... 500.00 (vii) Mass standards calibration and reverification ...... 83.20 (viii) Special projects ...... 83.20 (4) Foreign travel (per day per service representative) ...... 510.00 (5) Online customized data EGIS service: (i) One data file per week for 1 year ...... 500.00 (ii) One data file per month for 1 year ...... 300.00 (6) Samples provided to interested parties (per sample) ...... 3.00 (7) Divided-lot certificates (per certificate) ...... 1.75 (8) Extra copies of certificates (per certificate) ...... 1.75 (9) Faxing (per page) ...... 1.75 (10) Special mailing (actual cost) ...... (11) Preparing certificates onsite or during other than normal business hours (use hourly rates from Table 1) ...... 1 Any requested service that is not listed will be performed at $64.00 per hour. 2 Regular business hours—Monday through Friday—service provided at other than regular hours charged at the applicable overtime hourly rate.

* * * * * Weighing Services Performed by Delegated States and/or Designated Schedule C—Fees for FGIS Agencies in the United States 1 Supervision of Official Inspection and

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TABLE 1

Official inspection Inspection services (bulk or sacked grain) or reinspection services

(1) Official sample-lot inspection service (white certificate): (i) For official grade and official factor determinations: (a) Truck or trailer (per inspection) 2 ...... $0.30 (b) Boxcar or hopper car (per inspection) 2 ...... 0.95 (c) Barge (per inspection) 2 ...... 6.15 (d) Ship (per metric ton) 3 ...... 0.016 All other lots (per inspection) 24 ...... 0.30 (ii) For official factor or official criteria determinations: (a) Factor determination (per inspection) (maximum 2 factors) 5 ...... 0.20 (b) Official criteria 26 ...... 0.20 (2) Stowage examination certificates: (i) Ship (per stowage certificate) ...... 3.00 (ii) Other carriers (per stowage certificate) ...... 0.20 (3) Warehouseman’s sample-lot inspection service (yellow certificate) or submitted sample inspection service (pink certifi- cate): (i) For official grade and official factor determination (per inspection) ...... 0.30 (ii) For official factor or official criteria determinations: (a) Factor determination (per inspection) (maximum 2 factors) 5 ...... 0.20 (b) Official criteria 26 ...... 0.20 (4) Reinspection services: (i) Truck, boxcar, hopper car, barge, ship, warehouseman’s sample-lot, submitted sample, factor determination, and all other lots (per sample inspected) ...... 0.30 (ii) Official criteria 26 ...... 0.20 Note: The footnotes for table 1 are shown at the end of table 2.

TABLE 2

Official weighing services Official services (bulk or sacked grain) (Class X) (Class Y)

Official weighing services: (i) Truck or trailer (per carrier) ...... $0.30 $0.20 (ii) Boxcar or hopper car (per carrier) ...... 95 .25 (iii) Barge (per carrier) ...... 6.15 1.55 (iv) Ship 37 ...... 0.016/metric ton 12.30/ship (v) All other lots (per lot or part lot) 4 ...... 30 .20 1 The fees include the cost of supervision functions performed by the Service for official inspection and weighing services performed by dele- gated States and/or designated agencies. 2 A fee shall be assessed for each carrier or sample inspected if a combined lot certificate is issued or a uniform loading plan is used to deter- mine grade. 3 A fee shall be assessed per ship regardless of the number of lots or sublots loaded at a specific service point. A fee shall not be assessed for divided-lot certificates. 4 Inspection services for all other lots include, but are not limited to, sampling service, condition examinations, and examination of grain in bins and containers. For weighing services, all other lots include, but are not limited to, seavans, and inhouse bin transfers. 5 Fees shall be assessed for a maximum of two factors. If more than two factors are determined, fees are assessed at rates in table 1 (1)(i) or (3)(i) above, as applicable, based on carrier or type sample represented. 6 Official criteria includes, but is not limited to, protein and oil analyses. A fee shall be assessed for each sample tested. 7 A Class Y ship fee shall be assessed for shipments destined for domestic markets only.

* * * * * DEPARTMENT OF TRANSPORTATION Southeast, AK in support of a lower altitude Instrument Flight Rules (IFR) § 800.73 [Amended] Federal Aviation Administration route structure. The FAA, under the 3. Section 800.73, paragraph (e) is Capstone program, is using technology removed; paragraph (f) is redesignated 14 CFR Part 71 developed to take advantage of the as (e); paragraph (g) is redesignated as [Docket No. FAA–2003–16342; Airspace benefits of the Global Positioning (f). Docket No. 03–AAL–15] System (GPS) and the Wide Area Augmentation System (WAAS) to David R. Shipman, Proposed Establishment of Class E enhance safety for aircraft utilizing IFR Acting Administrator, Grain Inspection, Airspace; Southeast, AK and Visual Flight Rules (VFR) Packers and Stockyards Administration. operations. With the support of the [FR Doc. 03–28831 Filed 11–18–03; 8:45 am] AGENCY: Federal Aviation Administration (FAA), DOT. Alaska Aviation Industry Council, the BILLING CODE 3410–EN–P Capstone demonstration program that ACTION: Notice of proposed rulemaking. has utilized GPS/WAAS technology SUMMARY: This action proposes to successfully in the Yukon-Kuskokwim establish new Class E airspace over Delta area is being extended into

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Southeast Alaska. The Capstone telephone number (907) 271–2796; fax: NPRM’s should contact the FAA’s initiative will establish Special GPS/ (907) 271–2850; e-mail: Office of Rulemaking, (202) 267–9677, WAAS enroute IFR airways that permit [email protected]. Internet address: to request a copy of Advisory Circular flight at significantly lower altitudes http://www.alaska.faa.gov/at. No. 11–2A, Notice of Proposed than those available on airways SUPPLEMENTARY INFORMATION: Rulemaking Distribution System, which constructed from land based describes the application procedure. Comments Invited Navigational Aids (NAVAIDS). In The Proposal addition, both Special and Public Interested parties are invited to Standard Instrument Approach and participate in this proposed rulemaking The FAA is considering an Departure Procedures will be developed by submitting such written data, views, amendment to the Code of Federal to/from airports throughout the region. or arguments as they may desire. Regulations (14 CFR Part 71) to establish The Special IFR enroute and arrival/ Comments that provide the factual basis additional Class E airspace over departure procedures will be authorized supporting the views and suggestions Southeast Alaska. The intended effect of for specific operators who have FAA presented are particularly helpful in this proposal is to: (1) Provide adequate approved equipment and training. developing reasoned regulatory controlled airspace for commercial air Additional Class E airspace is needed decisions on the proposal. Comments carriers and others conducting to enable operations under IFR to are specifically invited on the overall Instrument Flight Rules (IFR) operations support the Capstone initiative. regulatory, aeronautical, economic, in Southeast Alaska, (2) Validate new Specifically, this action proposes to environmental, and energy-related operational procedures and equipment establish controlled airspace extending aspects of the proposal. in the IFR environment, (3) Provide an from 1,200 feet above ground level Communications should identify both enroute IFR structure for operations that (AGL) upwards, to the base of the Class docket numbers and be submitted in can be flown safely at significantly E airspace extending upward from triplicate to the address listed above. lower altitudes than those permitted on 14,500 feet above the ground, within an Commenters wishing the FAA to airways based on land based NAVAIDS, area beginning at lat. 58°54′25.2″ N., acknowledge receipt of their comments and (4) Provide IFR access via Public long. 137°31′55.3″ W. to lat. 58°38′33.2″ on this notice must submit with those and Special approach and departure N., long. 138°12′21.25″ W., thence comments a self-addressed, stamped procedures to airports not otherwise southeast along the offshore airspace 12 postcard on which the following able to connect to the IFR infrastructure. nautical miles west of and parallel to statement is made: ‘‘Comments to The Flight Standards Division within the shoreline to the point of intersection Docket No. FAA–2003–16342/Airspace the Alaskan Region will authorize the with the Alaska/Canada Border, thence Docket No. 03–AAL–15.’’ The postcard use of specific Special procedures for along the Alaska/Canada Border to the will be date/time stamped and returned properly equipped aircraft where the point of beginning excluding that to the commenter. flight crews have received the airspace designated for federal airways. All communications received on or appropriate training. before the specified closing date for Satellite-based navigation and DATES: Comments must be received on comments will be considered before positioning is a core element of our or before January 5, 2004. taking action on the proposed rule. The National Airspace System (NAS) ADDRESSES: Send comments on the proposal contained in this notice may modernization plans, and is critical to proposal to the Docket Management be changed in light of comments achieving a seamless, efficient global System, U.S. Department of received. All comments submitted will aviation system. Over the period of the Transportation, Room Plaza 401, 400 be available for examination in the past few years, the Federal Aviation Seventh Street, SW., Washington, DC public docket both before and after the Administration (FAA) has been working 20590–0001. You must identify the closing date for comments. A report with commercial, military, and general docket number FAA–2003–16342/ summarizing each substantive public aviation (GA) users to develop a global Airspace Docket No. 03–AAL–15, at the contact with FAA personnel concerned satellite-based navigation system beginning of your comments. You may with this rulemaking will be filed in the independent of conventional ground also submit comments on the Internet at docket. based navigation aids. Alaska was http://dms.dot.gov. You may review the selected to expand this program through Availability of Notice of Proposed public docket containing the proposal, a Research & Development Rulemaking’s (NPRM’s) any comments received, and any final demonstration program called Capstone. disposition in person in the Dockets An electronic copy of this document The selection of Alaska for the Office between 9 a.m. and 5 p.m., may be downloaded through the demonstration project was Monday through Friday, except Federal Internet at http://dms.dot.gov. Recently recommended by the National holidays. The Docket Office (telephone published rulemaking documents can Transportation Safety Board (NTSB) in 1–800–647–5527) is on the plaza level also be accessed through the FAA’s web their 1995 ‘‘Safety Study of Aviation of the Department of Transportation page at http://www.faa.gov or the Safety in Alaska.’’ In part this study NASSIF Building at the above address. Superintendent of Document’s web page concludes: An informal docket may also be at http://www.access.gpo.gov/nara. examined during normal business hours To the Federal Aviation Administration— Additionally, any person may obtain Implement * * * a model program in the at the office of the Regional Air Traffic a copy of this notice by submitting a Arctic and southeast regions of Alaska to Division, Federal Aviation request to the Federal Aviation demonstrate a low altitude instrument flight Administration, Manager, Operations Administration, Office of Air Traffic rules (IFR) system that better fulfills the Branch, AAL–530, Federal Aviation Airspace Management, ATA–400, 800 needs of Alaska’s air transportation system. Administration, 222 West 7th Avenue, Independence Avenue, SW., The model program should include the Box 14, Anchorage, AK 99513–7587. Washington, DC 20591 or by calling following components: (1) The use of the global positioning system FOR FURTHER INFORMATION CONTACT: (202) 267–8783. Communications must (GPS) as a sole source of navigational Derril Bergt, AAL–531, Federal Aviation identify both docket numbers for this information for en route navigation and for Administration, 222 West 7th Avenue, notice. Persons interested in being nonprecision instrument approaches at a Box 14, Anchorage, AK 99513–7587; placed on a mailing list for future representative number of airports where

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instrument approaches do not currently exist will deploy a ground infrastructure for contain the new IFR enroute and * * * (2) The use of satellite-based voice weather observation, data link terminal procedures being developed by communications and satellite-based, Mode S, communications, surveillance, and the Capstone program. This controlled or VHF data link (for aircraft position and altitude) between aircraft in flight and air Flight Information Services (FIS) to airspace is needed to provide air traffic traffic controllers * * * (4) The use of improve safety and enable control services for the new enroute and currently uncontrolled airspace for IFR implementation of new procedures. terminal public and special instrument departures, en route flight, and instrument Under the Capstone program, the FAA procedures. If this action is adopted, it approaches in the demonstration program will develop Area Navigation (RNAV) will enhance flight safety by reducing region * * * GPS-based instrument approach and the potential for midair collisions, From the time of its conception, the departure procedures to remote provide more accurate aircraft FAA Alaskan Region’s Capstone communities, including those serviced navigation, enable flight tracking for Program has been an accelerated effort by seaplanes, such as Angoon. In ATC and commercial operators, provide to improve aviation safety and addition, the FAA will develop an better communications, enable transfer efficiency. Capstone will further the enroute IFR structure in Southeast of weather and flight information program through installation of GPS Alaska that will be available to suitably between pilots and ATC, enable based avionics and data link equipped and trained IFR commercial surveillance and the use of radar communications suites in most and private operators. This enroute separation standards for ATC IFR commercial aircraft serving Southeast structure will provide GPS low altitude separation and tracking, and will Alaska. Up to 200 aircraft will be routes that access existing public and improve access to airports in Southeast equipped. Compatible ground systems, Special instrument approach and Alaska. equipment, and services will also be departure procedures at Ketchikan, The proposed new Class E airspace in provided. The name ‘‘Capstone’’ is Klawock, Wrangell, Petersburg, Kake, areas that are currently Class G airspace derived from the program’s effect of Sitka, and Juneau. The minimum will have an impact on pilot’s flight drawing and holding together concepts enroute altitudes available on the visibility and cloud avoidance and recommendations contained in segments of the Capstone enroute routes requirements when flying under Visual reports from the Radio will be significantly lower than those Flight Rules (VFR), during the day Telecommunications Conference of available on the public Federal Airway above 1,200 feet AGL. The flight America (RTCA), the National system. In the future, additional IAPs visibility requirement for VFR Transportation Safety Board (NTSB), the will be considered for development for operations in the new Class E airspace MITRE Corporation’s Center for additional airports and waterlanes in below 10,000 feet MSL will increase to Advanced Aviation System Southeast Alaska. three (3) statute miles. VFR weather Development (CAASD), and Alaskan The purpose of this proposal is to minimums are shown in the following aviation industry representatives. In create controlled airspace within table extracted from 14 CFR 91.155 addition to the avionics suites, Capstone Southeast Alaska that is sufficient to Basic VFR weather minimums:

BASIC VFR WEATHER MINIMUMS

Flight visibility Distance from clouds

Class G (Uncontrolled)

1,200 feet or less AGL, day ...... 1 statute mile ...... Clear of Clouds. 1,200 feet or less AGL, night ...... 3 statute miles ...... 500 feet below, 1,000 feet above, 2,000 feet horizontal. 1,200 feet or more and less than 10,000 feet MSL, day ...... 1 statute miles ...... 500 feet below, 1,000 feet above, 2,000 feet horizontal. 1,200 feet or more and less than 10,000 feet MSL, night .... 3 statute miles ...... 500 feet below, 1,000 feet above, 2,000 feet horizontal. More than 1,200 feet AGL and at or above 10,000 feet 5 statute miles ...... 1,000 feet below, 1,000 feet above, 1 statute mile hori- MSL. zontal.

Class E (Controlled)

Less than 10,000 feet MSL ...... 3 statute miles ...... 500 feet below, 1,000 feet above, 2,000 feet horizontal. At or above 10,000 feet MSL ...... 5 statute miles ...... 1,000 feet below, 1,000 feet above, 1 statute mile hori- zontal.

The area would be depicted on document would be published preparation of a regulatory evaluation as aeronautical charts for pilot reference. subsequently in the Order. the anticipated impact is so minimal. The coordinates for this airspace docket The FAA has determined that this Since this is a routine matter that will are based on North American Datum 83. proposed regulation only involves an only affect air traffic procedures and air The Class E airspace areas designated as established body of technical navigation, it is certified that this rule, 700/1200 foot transition areas are regulations for which frequent and when promulgated, will not have a published in paragraph 6005 in FAA routine amendments are necessary to significant economic impact on a Order 7400.9L, Airspace Designations keep them operationally current. It, substantial number of small entities and Reporting Points, dated September therefore—(1) is not a ‘‘significant under the criteria of the Regulatory 2, 2003, and effective September 16, regulatory action’’ under Executive Flexibility Act. 2003, which is incorporated by Order 12866; (2) is not a ‘‘significant List of Subjects in 14 CFR Part 71 reference in 14 CFR 71.1. The Class E rule’’ under DOT Regulatory Policies airspace designations listed in this and Procedures (44 FR 11034; February Airspace, Incorporation by reference, 26, 1979); and (3) does not warrant Navigation (air).

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The Proposed Amendment DEPARTMENT OF HOMELAND indicate the specific section of this SECURITY document to which each comment In consideration of the foregoing, the applies, and give the reason for each Federal Aviation Administration Coast Guard comment. Please submit all comments proposes to amend 14 CFR part 71 as and related material in an unbound follows: 33 CFR Part 165 format, no larger than 81⁄2 by 11 inches, suitable for copying. If you would like [CGD07–03–147] PART 71—DESIGNATION OF CLASS A, to know they reached us, please enclose CLASS B, CLASS C, CLASS D, AND RIN 1625–AA11 a stamped, self-addressed postcard or CLASS E AIRSPACE AREAS; envelope. We will consider all AIRWAYS; ROUTES; AND REPORTING Regulated Navigation Area: Savannah comments and material received during POINTS River, Savannah, GA the comment period. We may change this proposed rule in view of them. AGENCY: 1. The authority citation for 14 CFR Coast Guard, DHS. Public Meeting part 71 continues to read as follows: ACTION: Notice of proposed rulemaking. We do not plan to hold a public Authority: 49 U.S.C. 106(g), 40103, 40113, SUMMARY: The Coast Guard proposes to meeting. But you may submit a request 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– change the regulated navigation area to for a meeting by writing to MSO 1963 Comp., p. 389. improve vessel traffic flow on the Savannah (see ADDRESSES) explaining Savannah River during Liquid Natural § 71.1 [Amended] why one would be beneficial. If we Gas (LNG) tankship transits. Under the determine that one would aid this 2. The incorporation by reference in current regulation, vessels greater than rulemaking, we will hold one at the 14 CFR 71.1 of Federal Aviation 1600 gross tons are not permitted within time and place announced by a later Administration Order 7400.9L, Airspace the regulated area during LNG tankship notice in the Federal Register. Designations and Reporting Points, transits without the express permission Background and Purpose dated September 2, 2003, and effective of the Captain of the Port. This proposed September 16, 2003, is to be amended rule would allow all vessels greater than The port of Savannah is currently as follows: 1600 gross tons to transit the area during receiving Liquid Natural Gas (LNG) LNG tankship transits provided they tankships, ranging from two to eight * * * * * come no closer than 2 nautical miles vessels per month, at the Southern LNG Paragraph 6006 En Route Domestic from the LNG vessel without specific Elba Island facility. The Coast Guard Airspace Areas. authorization from the Captain of the currently has a regulated navigation area * * * * * Port. (RNA) in effect for LNG tankship transits which restricts vessel movement AAL AK E6 Southeast, AK [New] DATES: Comments and related material must reach the Coast Guard on or before from Fort Jackson, which is upriver That airspace extending upward from February 17, 2004. from the Elba Island LNG facility, and 1,200 feet AGL to the base of overlaying Class continues down the length of the ADDRESSES: You may mail comments E airspace above 14,500 feet MSL, within an Savannah River and extends offshore to and related material to Coast Guard area beginning at lat. 58°54′25.2″ N., long. the Savannah River Channel Entrance Marine Safety Office Savannah, Juliette 137°31′55.3″ W. to lat. 58°38′33.2″ N., long. Sea Buoy. After nearly two years of Gordon Low Federal Building, Suite 138°12′21.25″ W., thence southeast along the experience with LNG tankship transits 1017, 100 W. Oglethorpe, Savannah, offshore airspace 12 nautical miles west of on the Savannah River, the Coast Guard Georgia 31401. Coast Guard Marine and parallel to the shoreline to the point of is proposing to change the current RNA Safety Office Savannah maintains the intersection with the Alaska, United States/ to allow vessels of 1600 gross tons or public docket for this rulemaking. Canada Border, thence along the Alaska, greater to enter the RNA during LNG Comments and material received from United States/Canada Border to the point of tankship transits, provided they come the public, as well as documents beginning excluding that airspace designated no closer than 2 nautical miles to the indicated in this preamble as being for federal airways and excluding that LNG tankship. Vessels less than 1600 available in the docket [CGD07–03– airspace within the Ketchikan, AK Class E5, gross tons will still be permitted to 147], will become part of this docket the Klawock, AK Class E5, the Wrangell, AK transit the RNA during LNG tankship and will be available for inspection or Class E5, the Petersburg, AK Class E5, the transits provided they maintain a safe copying at Marine Safety Office Kake, AK Class E5, the Sitka, AK Class E5, distance from transiting LNG tankships. Savannah, between 7:30 a.m. and 4:30 and the Juneau, AK Class E5 airspace areas. This proposed rule would potentially p.m., Monday through Friday, except * * * * * reduce port congestion during LNG Federal holidays. Issued in Anchorage, AK, on October 27, transits and decrease delays to vessels, FOR FURTHER INFORMATION CONTACT: 2003. facilities and terminals on the Savannah Lieutenant Commander Lawrence River. A safe distance of two nautical Trent S. Cummings, Greene, at the Marine Safety Office miles for vessels 1600 gross tons and Manager, Air Traffic Division, Alaskan Savannah; phone (912) 652–4353 greater is necessary to protect the safety Region. extension 205. of life and property on the navigable [FR Doc. 03–28824 Filed 11–18–03; 8:45 am] SUPPLEMENTARY INFORMATION: waters from hazards associated with BILLING CODE 4910–13–P Request for Comments LNG activities. We encourage you to participate in Discussion of Proposed Rule this rulemaking by submitting During the movement of an LNG comments and related material. If you tankship, other vessels of 1600 gross do so, please include your name and tons or greater would be required to address, identify the docket number for maintain a safe distance of two nautical this rulemaking [CGD07–03–147], miles ahead of, or astern of, the

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transiting LNG tankship. All other why you think it qualifies and how and Order 12630, Governmental Actions and requirements in the existing RNA to what degree this rule would Interference with Constitutionally remain unchanged. Except for a vessel economically affect it. Protected Property Rights. that is moored at a marina, wharf, or Assistance for Small Entities Civil Justice Reform pier, and remains moored, no vessel 1600 gross tons or greater could Under section 213(a) of the Small This rule meets applicable standards approach within two nautical miles of a Business Regulatory Enforcement in sections 3(a) and 3(b)(2) of Executive Liquid Natural Gas (LNG) tankship that Fairness Act of 1996 (Pub. L. 104–121), Order 12988, Civil Justice Reform, to is underway within the RNA without we want to assist small entities in minimize litigation, eliminate the permission of the Captain of the Port understanding this proposal so that they ambiguity, and reduce burden. (COTP). This proposed change would could better evaluate its effects on them improve traffic flow on the Savannah and participate in the rulemaking. If the Protection of Children River by limiting delays caused by the rule would affect your small business We have analyzed this rule under current requirement, which restricts and you have questions concerning its Executive Order 13045, Protection of vessels of 1600 gross tons or greater provisions or options for compliance, Children from Environmental Health from entering any part of the RNA please contact the person listed under Risks and Safety Risks. This rule is not during the transit of an LNG tankship. FOR FURTHER INFORMATION CONTACT. an economically significant rule and The four nautical mile zone (two miles Small businesses may also send does not create an environmental risk to upriver and downriver) centered on a comments on the actions of Federal health or risk to safety that might transiting LNG tankship will maintain employees who enforce, or otherwise disproportionately affect children. public and maritime safety by determine compliance with, Federal minimizing the risk of collision, allision regulations to the Small Business and Indian Tribal Governments or grounding and the possible release of Agriculture Regulatory Enforcement This rule does not have tribal LNG. Ombudsman and the Regional Small implications under Executive Order Regulatory Evaluation Business Regulatory Fairness Boards. 13175, Consultation and Coordination The Ombudsman evaluates these with Indian Tribal Governments, This rule is not a ‘‘significant actions annually and rates each agency’s because it does not have a substantial regulatory action’’ under section 3(f) of responsiveness to small business. If you direct effect on one or more Indian Executive Order 12866, Regulatory wish to comment on actions by tribes, on the relationship between the Planning and Review, and does not employees of the Coast Guard, call 1– Federal Government and Indian tribes, require an assessment of potential costs 888–REG–FAIR (1–888–734–3247). or on the distribution of power and and benefits under section 6(a)(3) of that responsibilities between the Federal Order. The Office of Management and Collection of Information Government and Indian tribes. Budget has not reviewed it under that This rule calls for no new collection Order. It is not significant under the of information under the Paperwork Energy Effects regulatory policies and procedures of Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this rule under the Department of Homeland Security. 3520). Executive Order 13211, Actions Small Entities Federalism Concerning Regulations That Under the Regulatory Flexibility Act A rule has implications for federalism Significantly Affect Energy Supply, (5 U.S.C. 601–612), we have considered under Executive Order 13132, Distribution, or Use. We have whether this rule would have a Federalism, if it has a substantial direct determined that it is not a ‘‘significant significant economic impact on a effect on State or local governments and energy action’’ under that order because substantial number of small entities. would either preempt State law or it is not a ‘‘significant regulatory action’’ The term ‘‘small entities’’ comprises impose a substantial direct cost of under Executive Order 12866 and is not small businesses, not-for-profit compliance on them. We have analyzed likely to have a significant adverse effect organizations that are independently this rule under that Order and have on the supply, distribution, or use of owned and operated and are not determined that it does not have energy. It has not been designated by the dominant in their fields, and implications for federalism. Administrator of the Office of governmental jurisdictions with Information and Regulatory Affairs as a populations of less than 50,000. Unfunded Mandates Reform Act significant energy action. Therefore, it The Coast Guard certifies under 5 The Unfunded Mandates Reform Act does not require a Statement of Energy U.S.C. 605(b) that this rule will not have of 1995 (2 U.S.C. 1531–1538) requires Effects under Executive Order 13211. a significant economic impact on a Federal agencies to assess the effects of Environment substantial number of small entities. their discretionary regulatory actions. In Delays for inbound and outbound traffic particular, the Act addresses actions We considered the environmental due to LNG transits will be minimized that may result in the expenditure by a impact of this rule and concluded that, through this change and through pre- State, local, or tribal government, in the under figure 2–1, paragraph (34)(g), of transit conferences between the pilots aggregate, or by the private sector of Commandant Instruction M16475.1D, and the Coast Guard Captain of the Port. $100,000,000 or more in any one year. this rule is categorically excluded from The RNA requirements are less Though this proposed rule would not further environmental documentation. burdensome for smaller vessels, which result in such an expenditure, we do A ‘‘Categorical Exclusion are more likely to be small entities. discuss the effects of this rule elsewhere Determination’’ is available in the If you think that your business, in this preamble docket where indicated under organization, or governmental ADDRESSES. jurisdiction qualifies as a small entity Taking of Private Property List of Subjects in 33 CFR Part 165 and that this rule would have significant This rule would not effect a taking of economic impact on it, please submit a private property or otherwise have Harbors, Marine safety, Navigation comment (see ADDRESSES) explaining taking implications under Executive (water), Reporting and record keeping

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requirements, Safety measures, aerodynamic diameter less than or equal view the public rulemaking file at the Waterways. to 10 micrometers (PM10) in order to Regional Office Monday through Friday, For the reasons discussed in the attain the PM10 National Ambient Air 8 a.m. to 4 p.m., excluding Federal preamble, the Coast Guard proposes to Quality Standards (NAAQS) in holidays. amend 33 CFR part 165 as follows: Thompson Falls. Using the PM10 clean 2. Copies of the State submittal are data areas approach, we propose to also available for public inspection PART 165—REGULATED NAVIGATION approve the control measures and the during normal business hours, by AREAS AND LIMITED ACCESS AREAS emissions inventory that were appointment at the State Air Agency. 1. The authority citation for part 165 submitted as part of the PM10 Copies of the State documents relevant continues to read as follows: nonattainment area SIP for Thompson to this action are also available for Falls. Also, we will be taking action on public inspection at the Montana Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. other portions of the June 26, 1997, and Department of Environmental Quality, Chapter 701; 50 U.S.C. 191; 33 CFR 1.05–1(g), June 13, 2000, submittals at a later time. Air and Waste Management Bureau, 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 1520 E. 6th Avenue, Helena, Montana 116 Stat. 2064; Department of Homeland We are acting under section 110 of the Security Delegation No. 0170.1. Clean Air Act (CAA or Act) for this 59620. proposed approval. 3. Electronic Access. You may access 2. In § 165.756, paragraph (d)(1)(i) is this Federal Register document DATES: Written comments must be revised to read as follows: electronically through the received on or before December 19, Regulations.gov Web site located at § 165.756 Regulated Navigation Area; 2003. Savanah River, Georgia. http://www.regulations.gov where you ADDRESSES: Written comments may be can find, review, and submit comments * * * * * submitted by mail to Richard R. Long, on, Federal rules that have been (d) * * * Director, Air and Radiation Program, (1) * * * published in the Federal Register, the (i) Except for a vessel that is moored Mailcode 8P–AR, Environmental Government’s legal newspaper, and are at a marina, wharf, or pier, and remains Protection Agency (EPA), Region 8, 999 open for comment. moored, no vessel 1600 gross tons or 18th Street, Suite 300, Denver, Colorado For public commenters, it is greater may approach within two 80202–2466. Comments may also be important to note that EPA’s policy is nautical miles of an LNG tankship that submitted electronically, or through that public comments, whether is underway within the RNA without hand delivery/courier. Please follow the submitted electronically or in paper, the permission of the Captain of the Port detailed instructions described in (Part will be made available for public viewing at the EPA Regional Office, as (COTP). (I)(B)(1)(i) through (iii)) of the SUPPLEMENTARY INFORMATION section. EPA receives them and without change, * * * * * FOR FURTHER INFORMATION CONTACT: unless the comment contains Dated: October 28, 2003. Laurel Dygowski, EPA Region 8, 999 copyrighted material, CBI, or other H.E. Johnson, 18th Street, Suite 300, MS 8P–AR, information whose disclosure is Rear Admiral, U.S. Coast Guard, Commander, Denver, CO 80202, 303–312–6144, e- restricted by statute. When EPA Seventh Coast Guard District. mail [email protected]. identifies a comment containing [FR Doc. 03–28813 Filed 11–18–03; 8:45 am] SUPPLEMENTARY INFORMATION: copyrighted material, EPA will provide BILLING CODE 4910–15–P a reference to that material in the I. General Information version of the comment that is placed in A. How Can I Get Copies of This the official public rulemaking file. The ENVIRONMENTAL PROTECTION Document and Other Related entire printed comment, including the AGENCY Information? copyrighted material, will be available at the Regional Office for public 40 CFR Part 52 1. The Regional Office has established inspection. an official public rulemaking file [MT–001–0005, MT–001–0006; FRL–7588–8] available for inspection at the Regional B. How and to Whom Do I Submit Office. EPA has established an official Comments? Approval and Promulgation of Air public rulemaking file for this action You may submit comments Quality Implementation Plans; under MT–001–0005, MT–001–0006. electronically, by mail, or through hand Montana; Thompson Falls PM10 The official public file consists of the delivery/courier. To ensure proper Nonattainment Area Control Plan documents specifically referenced in receipt by EPA, identify the appropriate AGENCY: Environmental Protection this action, any public comments rulemaking identification number by Agency (EPA). received, and other information related including the text ‘‘Public comment on ACTION: Proposed rule. to this action. Although a part of the proposed rulemaking MT–001–0005, official docket, the public rulemaking Mt–001–0006’’ in the subject line on the SUMMARY: EPA is proposing to approve file does not include Confidential first page of your comment. Please State Implementation Plan (SIP) Business Information (CBI) or other ensure that your comments are revisions submitted by the Governor of information whose disclosure is submitted within the specified comment Montana on June 26, 1997, and June 13, restricted by statute. The official public period. Comments received after the 2000. (Portions of the June 26, 1997, rulemaking file is the collection of close of the comment period will be submittal were withdrawn by the materials that is available for public marked ‘‘late.’’ EPA is not required to Governor of Montana on February 8, viewing at the Air and Radiation consider these late comments. 1999.) These revisions contain an Program, EPA Region 8, 999 18th Street, 1. Electronically. If you submit an inventory of emissions for Thompson Suite 300, Denver, CO. EPA requests electronic comment as prescribed Falls and establish and require that if at all possible, you contact the below, EPA recommends that you continuation of all control measures contact listed in the FOR FURTHER include your name, mailing address, adopted and implemented for INFORMATION CONTACT section to and an e-mail address or other contact reductions of particulate matter with an schedule your inspection. You may information in the body of your

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comment. Also include this contact 300, Denver, Colorado 80202–2466. 7. Make sure to submit your information on the outside of any disk Please include the text ‘‘Public comments by the comment period or CD–ROM you submit, and in any comment on proposed rulemaking MT– deadline identified. cover letter accompanying the disk or 001–0005, MT–001–0006’’ in the subject 8. To ensure proper receipt by EPA, CD–ROM. This ensures that you can be line on the first page of your comment. identify the appropriate regional file/ identified as the submitter of the 3. By Hand Delivery or Courier. rulemaking identification number in the comment and allows EPA to contact you Deliver your comments to: Richard R. subject line on the first page of your in case EPA cannot read your comment Long, Director, Air and Radiation response. It would also be helpful if you due to technical difficulties or needs Program, Mailcode 8P–AR, provided the name, date, and Federal further information on the substance of Environmental Protection Agency Register citation related to your your comment. EPA’s policy is that EPA (EPA), Region 8, 999 18th Street, Suite comments. will not edit your comment, and any 300, Denver, Colorado 80202–2466. II. Summary of SIP Revision identifying or contact information Such deliveries are only accepted provided in the body of a comment will Monday through Friday, 8 a.m. to 4:55 A. Background be included as part of the comment that p.m., excluding Federal holidays. is placed in the official public docket. The Thompson Falls area was If EPA cannot read your comment due C. How Should I Submit CBI to the designated nonattainment for PM10 and to technical difficulties and cannot Agency? classified as moderate under section 107(d)(3) of the Clean Air Act on contact you for clarification, EPA may Do not submit information that you 1 not be able to consider your comment. December 21, 1993. See 57 FR 43846 consider to be CBI electronically to EPA. (September 22, 1992), 58 FR 67334 i. E-mail. Comments may be sent by You may claim information that you electronic mail (e-mail). Please send any (December 21, 1993) and 40 CFR 81.327 submit to EPA as CBI by marking any (Sanders County (part)). The Thompson comments simultaneously to part or all of that information as CBI (if [email protected] and Falls designation became effective on you submit CBI on disk or CD–ROM, January 20, 1994. The air quality [email protected] and include mark the outside of the disk or CD–ROM the text ‘‘Public comment on proposed planning requirements for moderate as CBI and then identify electronically PM nonattainment areas are set out in rulemaking MT–001–0005, MT–001– within the disk or CD–ROM the specific 10 0006’’ in the subject line. EPA’s e-mail subparts 1 and 4 of title I of the Act. information that is CBI). Information so Subpart 1 applies to nonattainment system is not an ‘‘anonymous access’’ marked will not be disclosed except in system. If you send an e-mail comment areas generally and subpart 4 applies to accordance with procedures set forth in PM nonattainment areas. At times, directly without going through 40 CFR part 2. 10 ‘‘Regulations.gov’’ (see below), EPA’s e- subpart 1 and subpart 4 overlap or In addition to one complete version of conflict. We have attempted to clarify mail system will automatically capture the comment that includes any your e-mail address. E-mail addresses the relationship among these provisions information claimed as CBI, a copy of in guidance entitled the ‘‘General that are automatically captured by the comment that does not contain the EPA’s e-mail system are included as Preamble’’ (see 57 FR 13498, April 16, information claimed as CBI must be 1992, and 57 FR 18070, April 28, 1992) part of the comment that is placed in the submitted for inclusion in the official official public docket. and, as appropriate, in today’s notice. public regional rulemaking file. If you ii. Regulations.gov. Your use of submit the copy that does not contain B. What Requirements Do States Need Regulations.gov is an alternative method CBI on disk or CD–ROM, mark the To Follow in Developing PM10 of submitting electronic comments to Nonattainment Area SIPs? EPA. Go directly to Regulations.gov at outside of the disk or CD–ROM clearly http://www.regulations.gov, then click that it does not contain CBI. Information Our ‘‘General Preamble’’ describes our on the button ‘‘TO SEARCH FOR not marked as CBI will be included in preliminary views on how we will REGULATIONS CLICK HERE,’’ and the public file and available for public review SIPs and SIP revisions submitted select Environmental Protection Agency inspection without prior notice. If you under title I of the Act, including State- have any questions about CBI or the as the Agency name to search on. The submitted SIPs for moderate PM10 list of current EPA actions available for procedures for claiming CBI, please nonattainment areas (see generally 57 comment will be listed. Please follow consult the person identified in the FOR FR 13498, April 16, 1992, and 57 FR the online instructions for submitting FURTHER INFORMATION CONTACT section. 18070, April 28, 1992). In this comments. The system is an D. What Should I Consider as I Prepare document, we are applying our ‘‘anonymous access’’ system, which My Comments for EPA? interpretations considering the specific means EPA will not know your identity, factual issues presented. You may find the following e-mail address, or other contact A State containing a moderate PM10 information unless you provide it in the suggestions helpful for preparing your nonattainment area designated after the body of your comment. comments: 1990 Amendments is normally required iii. Disk or CD-ROM. You may submit 1. Explain your views as clearly as to submit several provisions within 18 comments on a disk or CD–ROM that possible. months of the effective date of the you mail to the mailing address 2. Describe any assumptions that you designation. These provisions were due identified in Section 2, directly below. used. for the Thompson Falls area by July 20, These electronic submissions will be 3. Provide any technical information 1995. They include an emissions accepted in WordPerfect, Word or ASCII and/or data you used that support your inventory, control measures, an file format. Avoid the use of special views. attainment demonstration, quantitative characters and any form of encryption. 4. If you estimate potential burden or 2. By Mail. Send your comments to: costs, explain how you arrived at your 1 The 1990 Amendments to the Clean Air Act Richard R. Long, Director, Air and estimate. made significant changes to the Act. See Public Law 5. Provide specific examples to 101–549, 104 Stat. 2399. References herein are to Radiation Program, Mailcode 8P–AR, the Clean Air Act, as amended (‘‘the Act’’). The Environmental Protection Agency illustrate your concerns. Clean Air Act is codified, as amended, in the U.S. (EPA), Region 8, 999 18th Street, Suite 6. Offer alternatives. Code at 42 U.S.C. 7401, et seq.

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milestones for reasonable further final rulemaking action declaring that monitoring stations, and the method of progress (RFP), and contingency the Thompson Falls PM10 data reporting and annual review for the measures. Requirements for the control nonattainment area was in attainment of stations. The stations are to monitor measures include: Provisions to assure the PM10 standard based on 1998–2000 ambient levels of criteria pollutants (for that reasonably available control monitoring data and that the area had which NAAQS have been established). measures (RACM), including reasonably attained the standard by its attainment All SLAMS are to be operated in available control technologies (RACT), date. The applicable attainment date as accordance with the criteria established shall be implemented no later than four required by the CAA for Thompson in 40 CFR 58, subpart B, and are to be years after designation, which was Falls was December 31, 2000. If you sited according to 40 CFR 58, appendix January 20, 1998, for Thompson Falls. wish to obtain more information E. Reference or equivalent monitors are However, under the PM10 clean data regarding our attainment determination, to be used as defined in 40 CFR 50.1 areas approach that we are proposing to please see our November 1, 2001, and the quality assurance procedures use here, we are only proposing to Federal Register document. are to be followed as outlined in 40 CFR require the control measures (including To use the PM10 clean data areas 58, appendix A. On December 21, 1993 the provisions for enforcing those approach, an area must be attaining (see 58 FR 67324), we approved measures) and the emissions inventory with the three most recent years of revisions to the state-wide monitoring for Thompson Falls. quality assured data at the time of the SIP to update the existing monitoring proposed notice. In this case, the three SIP. 1. Clean Data Areas Approach most recent years are 2000–2002. During Monitoring in Thompson Falls for The clean data areas approach applies the 2000–2002 period, data was PM10 is currently performed at the EPA’s clean data policy concept, already collected at the Thompson Falls High Thompson Falls High School station in place for ozone nonattainment areas 2, School station (AQS identification #30– (AQS identification #30–089–0007). to selected PM10 nonattainment areas in 089–0007). The regulatory requirement EPA Region VIII conducts periodic order to approve control measures for for data capture in 40 CFR part 50, reviews of Montana’s ambient air these areas into the SIP. The approach Appendix K, is 75 percent on a network, which includes the Thompson only applies to PM10 areas with simple quarterly basis. The 2000–2002 Falls site. Based on these reviews, our PM10 source problems, such as monitoring data shows no exceedances monitoring staff has approved this residential wood combustion and of either the 24-hour or annual PM10 monitoring station. fugitive dust problems. If an area meets NAAQS during this period, and data C. Control Measure Requirements the following requirements, the state capture met the 75 percent criterion will no longer be required to develop an with the exception of two quarters. Data The moderate PM10 nonattainment attainment demonstration, contingency capture was 73 percent during the third areas, designated after the 1990 measures or a RFP demonstration. The quarter of 2000 and 71 percent during Amendments, must submit provisions area must meet the following the fourth quarter of 2001. According to to ensure that RACM is implemented no requirements: the ‘‘Guideline on Exceptions to Data later than 4 years after designation, (a) The area must be attaining the Requirements for Determining which was January 20, 1998 for PM10 NAAQS with the three most recent Attainment of Particulate Matter Thompson Falls (see sections 172(c)(1) years of quality-assured air quality data. Standards’’ (see EPA document #405–/ and 189(a)(1)(C)). The General Preamble (b) The state must continue to operate 4–87–005, April 1987), when data contains a detailed discussion of our an appropriate PM10 air quality capture is at least 50 percent but less interpretation of the RACM monitoring network, in accordance with than 75 percent, data may be substituted requirements (see 57 FR 13539–13545 40 CFR part 58, in order to verify the for the missing data. Per the above- and 13560–13561). attainment status of the area. referenced guideline, monitoring data The State should identify available (c) The control measures for the area, from the same quarter in any one of the control measures to make sure they are which were responsible for bringing the years use to determine attainment may reasonable and that they meet the area’s area into attainment, must be approved be substituted for missing PM10 data. attainment needs, (see 57 FR 13540– by EPA as meeting the CAA The maximum PM10 value that was 13544). A State may reject an available requirements for RACM/RACT. observed in that quarter over the last control measure if it is technologically (d) A PM10 emissions inventory must three years is substituted for missing infeasible or unreasonably expensive. In be completed for the area. scheduled sampling days. When we addition, RACM doesn’t require controls on emissions from sources that are III. Analysis of Requirements To Use apply data substitution per the above- insignificant (de minimis) and doesn’t Clean Data Areas Approach referenced guideline, we find no exceedances of the 24-hour or annual require an area to use all available A. Attainment of the PM10 NAAQS PM10 NAAQS for the 2000–2002 period. control measures if it demonstrates timely attainment and if using Whether an area has attained the PM10 B. Continued Operation of PM 10 additional controls wouldn’t expedite NAAQS is based exclusively upon Monitoring Network measured air quality levels over the attainment. The Montana Department of most recent and complete three calendar Thompson Falls Control Measures year period. See 40 CFR part 50 and 40 Environmental Quality (MDEQ) will Montana’s SIP revisions for CFR 50, appendix K. On November 1, continue to operate its PM10 air quality Thompson Falls contain control 2001 (66 FR 55102), we published a monitoring network in accordance with 40 CFR part 58, in order to verify the measures for sources of re-entrained 2 See memorandum from John Seitz, Director, attainment status of the area. We fugitive dust that were adopted on June Office of Air Quality Planning and Standards approved Montana’s state-wide air 24, 1997, and are part of a maintenance (OAQPS) to Regional Division Directors entitled quality monitoring program on March 9, agreement between the city of ‘‘Reasonable Further Progress, Attainment 1981 (see 46 FR 15686). This approval Thompson Falls, the Montana Demonstration, and Related Requirements for Ozone Nonattainment Areas Meeting the Ozone established the state and local air Department of Transportation (MDT) National Ambient Air Quality Standard,’’ May 10, monitoring station (SLAMS) network, and the MDEQ. The maintenance 1995. the maintenance requirements for the agreement is applicable inside the

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Thompson Falls PM10 nonattainment business day that the highway becomes nonattainment plan for Thompson Falls area, which encompasses the majority of temporarily or permanently ice-free and resulted in the attainment of the PM10 the city. Per the maintenance agreement, the temperatures are expected to remain NAAQS. The Thompson Falls control street sweeping is the primary PM10 above 35° F for a 24-hour period. Unless plan was adopted on June 24, 1997, and control strategy, as Thompson Falls interrupted by additional snowfall or implemented by the applicable experiences high concentrations of PM10 temperatures below 35° F, the city of implementation date of January 20, during the late winter and early spring. Thompson Falls is required to have 1998, specified by the CAA. We are The maintenance agreement also priority routes swept clean within four approving the Thompson Falls PM10 specifies the type of sanding or chip seal business days. During summer months, plan control strategies as satisfying the material that may be used by the MDT priority routes and Highway 200 will be RACM requirement. and the city of Thompson Falls on swept on an as needed basis. In the As required under the CAA, all paved roads and parking lots, and event that a PM10 exceedance occurs measures in the SIP must be enforceable includes provisions for the paving of within the Thompson Falls by EPA and the State (see sections parking lots, alleys and unpaved roads nonattainment area, the maintenance 172(c)(6) and 110(a)(2)(A) of the Act and within the Thompson Falls central agreement includes contingency 57 FR 13556). Our criteria addressing business dustrict. measures that will remain in effect until the enforceability of SIPs and SIP Street Sweeping Requirements. The such time as the SIP control measures revisions were stated in a September 23, MDT is responsible for approximately are revised and approved by EPA. In the 1987, memorandum (with attachments) 4.83 km of street sweeping on Highway event of a PM10 exceedance, the city of from J. Craig Potter, Assistant 200 from the western limits of the PM10 Thompson Falls shall increase its Administrator for Air and Radiation, et nonattainment area boundary through frequency of street sweeping on priority al. (see 57 FR 13541). Nonattainment the city to the Harvest Food store east routes from four business days to two area plan provisions also must contain of town. The city of Thompson Falls is business days and the MDT shall a program to provide for enforcement of responsible for street sweeping 5.8 km increase its street sweeping frequency control measures and other elements in of local priority routes as listed below. on Highway 200 from two business days the SIP (see section 110(a)(2)(C) of the to one business day. Act). When a State relies on a local CITY STREET SWEEPING PRIORITY Both the city of Thompson Falls and government for the implementation of ROUTES the MDT will only apply sanding or any SIP provision, the State is chip seal material on paved roads and responsible for ensuring adequate Approximate length parking lots that has a durability of implementation of the provision. See Route (in miles) greater than or equal to 9 as defined by section 110(a)(2)(E) of the Act. the Montana Modified L.A. Abrasion The maintenance agreement between Golf from City Shop to .20 test. The sanding or chip seal material the city of Thompson Falls, the MDT Haley. will have a material content smaller and the MDEQ provides new Haley from Golf to Ferry .85 than 200 mesh that does not exceed 4.0 requirements for street sweeping, Bus Loop at Jr. High ...... 20 percent oven dry weight as determined determines the type of sanding or chip Ferry from Jr. High to .25 seal material that can be used on paved Preston. by a standard wet sieving method. Preston from Ferry to .15 Other Requirements. The roads and parking lots and specifies East Crossing and maintenance agreement also includes requirements for the paving of new East Crossing from provisions for the paving of streets and streets, roads or parking lots within the Preston to Main. parking lots. Within the central business Thompson Falls central business Preston from East .20 district of Thompson Falls, the city of district. In order to make these Crossing to Clay. Thompson Falls may not construct any requirements an enforceable part of the Clay from Preston to 5th .40 new street or road unless it is paved or Thompson Falls PM10 SIP, the State West Crossing from .15 construct any new parking lot with a adopted and incorporated the Main to Gallatin. capacity greater than 15 vehicles or maintenance agreement requirements in Washington from Pres- .35 more than 50 vehicles/day turnover a Board Order to be approved as part of ton to 4th. Spruce from Preston to .35 unless the parking lot is paved. the State of Montana Air Quality 3rd. The Thompson Falls nonattainment Control Implementation Plan. We have Gallatin from Preston to .25 area does include significant emissions reviewed the maintenance agreement for 3rd. from point sources; however, the MDEQ enforceability and determined that it Jefferson from Preston .25 chose not to implement any RACT meets all the criteria included in the to 3rd. measures at these sources and to focus September 23, 1987, Potter Total ...... 3.6 miles = 5.8 km on reducing emissions from area Memorandum. sources. This approach is allowed under The MDEQ has the authority to During winter months, the MDT is the Clean Air Act due to the fact that implement and enforce the maintenance required to commence street sweeping Montana has demonstrated that agreement adopted by the Montana on Highway 200 on the first business Thompson Falls did not need to Board of Environmental Review day that the highway becomes implement RACT for point sources in (MBER). Any failure by the city or the temporarily or permanently ice-free and order to attain the 24-hour PM10 Montana Department of Transportation the temperatures are expected to remain standard; the implemented control to perform their specific obligations above 35° F for a 24-hour period. Unless measures (RACM) were enough to bring under this agreement would warrant interrupted by additional snowfall or the area into attainment. See 57 FR enforcement by MDEQ. temperatures below 35° F, the MDT is 13541 of the General Preamble. The State also submitted a State required to have Highway 200 swept We have reviewed the State’s Attorney General’s opinion interpreting clean within two business days. During documentation and have concluded that the authority of MDEQ to enforce any winter months, the city of Thompson it adequately justifies the control State and local air quality provisions if Falls is required to commence street measures that are being used. The a local air quality program fails to do so. sweeping on priority routes on the first implementation of Montana’s PM10 In practice, MBER issues a board order

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when it approves a local program or as part of the SIP on August 13, 2001 Federal rulemaking procedure by amendments to a program. Since the (see 66 FR 42427). New source review submitting written comments to the Montana Clean Air Act (MCAA) requirements that were approved into EPA Regional office listed in the authorizes MDEQ to enforce board the SIP will continue to be in effect. ADDRESSES section of this document. orders issued by MBER, MDEQ has the However, the requirements under CAA V. Statutory and Executive Order authority to assume jurisdiction over, section 172(c) for developing attainment Reviews and implement, an approved local demonstrations, RFP demonstrations, program. However, the MCAA also and contingency measures are waived Under Executive Order 12866 (58 FR requires a hearing before MBER before due to the fact that the areas which are 51735, October 4, 1993), this proposed such an assumption of jurisdiction and eligible under this approach have action is not a ‘‘significant regulatory authority can be taken. already attained the PM10 NAAQS and action’’ and therefore is not subject to have met RFP. Any sanctions clocks that review by the Office of Management and D. Emissions Inventory may be running for an area due to Budget. For this reason, this action is Section 172(c)(3) of the Act requires failure to submit, or disapproval of, any also not subject to Executive Order that nonattainment plan provisions attainment demonstration, RFP or 13211, ‘‘Actions Concerning Regulations include a comprehensive, accurate, contingency measure requirements, are That Significantly Affect Energy Supply, current inventory of actual emissions stopped. In addition, areas are still Distribution, or Use’’ (66 FR 28355, May from all sources of relevant pollutants in required to demonstrate transportation 22, 2001). This proposed action merely the nonattainment area. MDEQ conformity using the build/no-build proposes to approve state law as submitted an emissions inventory for test, or the no-greater-than-1990 test. meeting Federal requirements and Thompson Falls on June 26, 1997, The emissions budget test would not be imposes no additional requirements withdrew that inventory on February required, because the requirements for beyond those imposed by state law. 28, 1999, and resubmitted it with an attainment demonstration and RFP, Accordingly, the Administrator certifies revisions on June 13, 2000. which establish the budgets, no longer that this proposed rule will not have a MDEQ chose July 1990 through June apply. The applicable tests for general significant economic impact on a 1991 as the Thompson Falls base year conformity still apply. The use of the substantial number of small entities inventory of PM10 emissions. The clean data areas approach doesn’t act as under the Regulatory Flexibility Act (5 results of the emissions inventory a CAA section 107(d) redesignation, but U.S.C. 601 et seq.). Because this rule indicate that area sources contribute only serves to approve nonattainment proposes to approve pre-existing approximately 77 percent of the total area SIPs required under part D of the requirements under state law and does emissions for the area, of which re- CAA. not impose any additional enforceable entrained road dust (from paved roads) duty beyond that required by state law, contributes approximately 59 percent IV. Proposed Action it does not contain any unfunded and woodburning contributes We are proposing to approve State mandate or significantly or uniquely approximately 14.4 percent. Stationary Implementation Plan (SIP) revisions affect small governments, as described sources accounted for 23 percent of the submitted by the Governor of Montana in the Unfunded Mandates Reform Act emissions inventory (this figure on June 26, 1997, and June 13, 2000. of 1995 (Pub. L. 104–4). includes 2.8 percent for industrial road The June 26, 1997, submittal revises the This proposed rule also does not have dust).3 SIP by adding the Thompson Falls Air tribal implications because it will not EPA is proposing to approve the Pollution Control Plan and an emissions have a substantial direct effect on one or emission inventory for Thompson Falls inventory for the Thompson Falls PM10 more Indian tribes, on the relationship because it is accurate and nonattainment area. On February 28, between the Federal Government and comprehensive, and consistent with the 1999, the Governor of Montana Indian tribes, or on the distribution of requirements of sections 172(c)(3) and withdrew all chapters of the Thompson power and responsibilities between the 110(a)(2)(K) of the Act.4 Falls Air Pollution Control Plan Federal Government and Indian tribes, In addition to the above requirements submitted on June 26, 1997, except as specified by Executive Order 13175 for the use of the clean data areas chapters 45.2, 45.10.10 and 45.10.12 (65 FR 67249, November 9, 2000). This approach, any requirements that are and the emissions inventory. The June action also does not have Federalism dependent solely on designation or 13, 2000 submittal contains corrections implications because it does not have classification, such as new source to chapter 45.10.10 of the Thompson substantial direct effects on the States, review (NSR) and RACM/RACT, will Falls Air Pollution Control Plan and the on the relationship between the national remain in effect. New source review emissions inventory submitted on June government and the States, or on the requirements have been approved as 26, 1997. Chapters 45.2, 45.10.10 and distribution of power and part of the Administrative Rules of 45.10.12 of the Thompson Falls Air responsibilities among the various Montana, title 17, chapter 8, Pollution Control Plan include the PM10 levels of government, as specified in subchapters 8 and 9 and were approved control measures, control demonstration Executive Order 13132 (64 FR 43255, and enforceability sections of the plan. August 10, 1999). This action merely 3 Emissions from Conoco Inc. were not included We are proposing to approve the proposes to approve a State rule in the Thompson Falls emissions inventory even though Conoco is inside the emissions inventory emissions inventory for Thompson Falls implementing a Federal standard, and boundary. Conoco operates an unloading facility in and chapters 45.2, 45.10.10 and does not alter the relationship or the Thompson Falls; this is a minor source (emissions 45.10.12 of the Thompson Falls Air distribution of power and are less than 100 tons per year for any one Pollution Control Plan using the PM10 responsibilities established in the Clean pollutant) with a state-issued permit. Actual PM10 emissions from this source are very low as most of clean areas data approach. Air Act. This proposed rule also is not the emissions are volatile organic compounds We are soliciting public comments on subject to Executive Order 13045 (VOCs). the issues discussed in this document, ‘‘Protection of Children from 4 EPA issued guidance on PM10 emissions or on other relevant matters. If you Environmental Health Risks and Safety inventories prior to the enactment of the Clean Air Act Amendments in the form of the 1987 PM–10 submit comments, they will be Risks’’ (62 FR 19885, April 23, 1997), SIP Development Guideline. The guidance provided considered before we take final action. because it is not economically in this document is consistent with the revised Act. Interested parties may participate in the significant.

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In reviewing SIP submissions, EPA’s DATES: Written comments must be The MOBILE model calculates role is to approve state choices, received on or before December 19, emissions of VOCs, NOX and carbon provided that they meet the criteria of 2003. monoxide (CO) from passenger cars, the Clean Air Act. In this context, in the ADDRESSES: Written comments may be motorcycles, buses, and light-duty and absence of a prior existing requirement mailed to Robert Kramer, Chief, Energy, heavy-duty trucks. The model accounts for the State to use voluntary consensus Radiation and Indoor Environment, for the emission impacts of factors such standards (VCS), EPA has no authority Mailcode 3AP23, U.S. Environmental as changes in vehicle emission to disapprove a SIP submission for Protection Agency, Region III, 1650 standards, changes in vehicle failure to use VCS. It would thus be Arch Street, Philadelphia, Pennsylvania populations and activity, and variation inconsistent with applicable law for 19103. Copies of the documents relevant in local conditions such as temperature, EPA, when it reviews a SIP submission, to this action are available for public humidity, fuel quality, and air quality to use VCS in place of a SIP submission inspection during normal business programs. The MOBILE model is used to that otherwise satisfies the provisions of hours at the Air Protection Division, calculate current and future inventories the Clean Air Act. Thus, the U.S. Environmental Protection Agency, of motor vehicle emissions at the requirements of section 12(d) of the Region III, 1650 Arch Street, national and local level. These National Technology Transfer and Philadelphia, Pennsylvania 19103; inventories are used to make decisions Advancement Act of 1995 (15 U.S.C. andthe Pennsylvania Department of about air pollution policies and 272 note) do not apply. This proposed Environmental Protection, Bureau of Air programs at the local, State and national rule does not impose an information Quality Control, P.O. Box 8468, 400 level. MOBILE-based inventories are collection burden under the provisions Market Street, Harrisburg, Pennsylvania also used to meet the Federal Clean Air of the Paperwork Reduction Act of 1995 17105. Act’s SIP and transportation conformity (44 U.S.C. 3501 et seq.). requirements. FOR FURTHER INFORMATION CONTACT: The MOBILE model was first List of Subjects in 40 CFR Part 52 Martin T. Kotsch, Energy, Radiation and developed in 1978. It has been updated Indoor Environment Branch, U.S. Environmental protection, Air many times to reflect changes in the Environmental Protection Agency, 1650 pollution control, Incorporation by vehicle fleet and fuels, to incorporate Arch Street, Mail Code 3AP23, reference, Intergovernmental relations, EPA’s growing understanding of vehicle Philadelphia, Pennsylvania 19103– Particulate matter, Reporting and emissions, and to cover new emissions 20209, (215) 814–3335, or by e-mail at recordkeeping requirements. regulations and modeling needs. EPA [email protected]. Dated: November 12, 2003. released MOBILE6, a new version of the SUPPLEMENTARY INFORMATION: motor vehicle emissions factor model on Robert E. Roberts, I. Background January 29, 2002 (67 FR 4254). Although Regional Administrator, Region VIII. some minor updates were made in 1996 On May 7, 1997 (62 FR 24826), EPA [FR Doc. 03–28910 Filed 11–18–03; 8:45 am] with the release of MOBILE5b, approved Pennsylvania’s redesignation BILLING CODE 6560–50–P MOBILE6 is the first major revision to request and ten year plan for continued MOBILE since MOBILE5a was released maintenance of the 1-hour ozone in 1993. Beginning in January of 2004, ENVIRONMENTAL PROTECTION NAAQS in the Reading area as a all conformity determinations for new AGENCY revision to the Pennsylvania SIP. This Transportation Improvement Programs maintenance plan included, among and/or Transportation Plans will be 40 CFR Part 52 other things, MOBILE5-based motor required to use the MOBILE6 emissions vehicle emissions budgets (MVEBs). model to demonstrate conformity. [PA 210–4302; FRL–7588–4] On October 14, 2003, the Pennsylvania Department of II. Summary of the Proposed SIP Approval and Promulgation of Air Environmental Protection (DEP) Revisions to the Reading Area Quality Implementation Plans; submitted a request that EPA parallel Maintenance Plan Pennsylvania; Revisions To Update the process revisions to the Pennsylvania 1-Hour Ozone Maintenance Plan for the SIP’s 1-hour ozone maintenance plan for A. Revisions to the Motor Vehicle Reading Area (Berks County) the Reading area. Emission Budgets (MVEBs) The maintenance plan identifies and In the original maintenance plan AGENCY: Environmental Protection establishes the applicable MVEBs for approved for the Reading area on May Agency (EPA). the Reading area to which the area’s 7, 1997 (62 FR 24826), emissions growth ACTION: Proposed rule. transportation improvement program was projected for all source categories and long range transportation plan must (point, area, and highway mobile) SUMMARY: EPA is proposing to approve conform. Conformity to MVEBs in a SIP starting with the year that the area a State Implementation Plan (SIP) means that transportation activities will attained the NAAQS (1992). Those revision submitted by the not produce new air quality violations, original mobile emissions budgets were Commonwealth of Pennsylvania. This worsen existing violations, or delay projected based on the MOBILE5 revision amends Pennsylvania’s ten- timely attainment of the NAAQS. The emissions model. The October 14, 2003, year plan to maintain the 1-hour ozone Reading area maintenance plan proposed SIP revision amends the national ambient air quality standard identifies and establishes the applicable mobile inventories for the attainment (NAAQS) in the Reading area (Berks MVEBs for the Reading area for both year (1992) and the MVEBs for 2004 and County). The maintenance plan is being volatile organic compounds (VOC) and 2007 using MOBILE6. amended to revise the attainment year nitrogen oxides (NOX), which are inventories and motor vehicle emission precursors of ground level ozone, for the B. Revisions to the Contingency budgets using MOBILE6. The years 1992, 2004, and 2007. Measures contingency measures portion of the The MOBILE model is an EPA In the original maintenance plan for plan is also being amended. This action emissions factor model for estimating the Reading area, the Commonwealth’s is being taken under the Clean Air Act. pollution from on-road motor vehicles. motor vehicle inspection and

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maintenance (I&M) program was policy guidance also requires the B. The Revised Motor Vehicle Emissions identified as a contingency measure. Commonwealth to consider whether Budgets (MVEBs) The October 14, 2003, proposed SIP growth and control strategy assumptions revision moves the I&M program from for non-motor vehicle sources (i.e., For the Reading area maintenance the contingency measures portion of the point, area, and non-road mobile plan, the MVEBs are the projected on- plan and makes it part of the sources) were still accurate at the time road mobile source components of the maintenance strategy. Improved rule the October 14, 2003, proposed revision 2004 and 2007 maintenance inventories. effectiveness will remain as a was developed. Pennsylvania has Table 2 below summarizes contingency measure in the reassessed the growth and control Pennsylvania’s proposed revised maintenance plan. strategy assumptions for non-motor MOBILE6-based budgets. These budgets III. EPA’s Evaluation of the Proposed vehicle sources, and concluded that were developed using the latest Revisions to the Reading Area these assumptions continue to be valid planning assumptions, including 2002 Maintenance Plan for the 1-hour ozone maintenance vehicle registration data, vehicle miles demonstration for the Reading area. traveled, speeds, fleet mix, and SIP A. The Revised Attainment Year (1992) Table 1 summarizes the MOBILE6- control measures. Because DEP’s Emission Inventories based motor vehicle emissions October 14, 2003, submittal satisfies the The DEP’s October 14, 2003, proposed inventories in tons per summer day conditions outlined in EPA’s MOBILE6 revisions revise the 1992 attainment (tpd) for the 1992 attainment year in the Policy guidance, and demonstrates that year motor vehicle emissions Reading area. the new levels of motor vehicle inventories and the 2004 and 2007 emissions calculated using MOBILE6 MVEBs using the MOBILE6 model. EPA TABLE 1.—MOBILE6-BASED MOTOR continue to support maintenance of the has articulated its policy regarding the VEHICLE EMISSIONS INVENTORIES 1-hour ozone NAAQS, EPA is proposing use of MOBILE6 in SIP development in FOR THE READING AREA to approve these budgets. its ‘‘Policy Guidance on the Use of MOBILE6 for SIP Development and Maintenance 1992 Attainment year Transportation Conformity’’ 1. EPA’s area review of the DEP’s October 14, 2003, VOC (tpd) NOX (tpd) submittal indicates that it has Reading ...... 27.25 35.57 appropriately applied this policy. EPA

TABLE 2.—MOBILE6-BASED MVEBSINTHEMAINTENANCE PLAN FOR THE READING AREA

2004 2007 Maintenance Area VOC (tpd) NOX (tpd) VOC (tpd) NOX (tpd)

Reading Area (Berks County) ...... 17.02 28.99 13.81 23.06

The October 14, 2003, submittal demonstrate long term maintenance of either electronic or written comments. demonstrates that the new levels of the 1-hour ozone standard for the To ensure proper receipt by EPA, motor vehicle emissions calculated Reading area. These revisions are being identify the appropriate rulemaking using MOBILE6 continue to support the proposed under a procedure called identification number PA 210–4302 in demonstration of maintenance of the 1- parallel processing, whereby EPA the subject line on the first page of your hour ozone NAAQS for the Reading proposes rulemaking action concurrent comment. Please ensure that your area. This is evidenced by the fact that with the Commonwealth’s procedures comments are submitted within the the 2004 and 2007 MVEBs shown in for amending its SIP. If the proposed specified comment period. Comments Table 2 continue to be well below the revisions are substantially changed in received after the close of the comment 1992 MOBILE6 based MVEBs for their areas other than those identified in this period will be marked ‘‘late.’’ EPA is not attainment year. notice, EPA will evaluate those changes required to consider these late and may publish another notice of comments. IV. EPA’s Proposed Action proposed rulemaking. If no substantial 1. Electronically. If you submit an EPA is proposing to approve the changes are made other than those areas electronic comment as prescribed Commonwealth of Pennsylvania’s cited in this notice, EPA will publish a below, EPA recommends that you proposed revisions to the maintenance Final Rulemaking Notice on the include your name, mailing address, plan for the Reading area which were revisions. The final rulemaking action and an e-mail address or other contact submitted on October 14, 2003. Long by EPA will occur only after the SIP information in the body of your term maintenance of the NAAQS is revisions have been adopted by comment. Also include this contact deemed to be demonstrated when total Pennsylvania and submitted formally to information on the outside of any disk projected growth in emissions in all EPA for incorporation into the SIP. or CD–ROM you submit, and in any categories remains below the level of EPA is soliciting public comments on cover letter accompanying the disk or emissions that occurred in the the issues discussed in this document. CD–ROM. This ensures that you can be attainment year. EPA’s review of the These comments will be considered identified as the submitter of the DEP’s October 14, 2003, submittal before taking final action. Interested comment and allows EPA to contact you indicates that the proposed revisions to parties may participate in the Federal in case EPA cannot read your comment the maintenance plan continue to rulemaking procedure by submitting due to technical difficulties or needs

1 Memorandum, ‘‘Policy Guidance on the Use of Conformity,’’ issued January 18, 2002. A copy of this memorandum can be found on EPA’s Web site MOBILE6 for SIP development and Transportation at http://www.epa.gov/otaq/transp/traqconf.htm.

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further information on the substance of the official public rulemaking file. The V. Statutory and Executive Order your comment. EPA’s policy is that EPA entire printed comment, including the Reviews will not edit your comment, and any copyrighted material, will be available Under Executive Order 12866 (58 FR identifying or contact information at the Regional Office for public 51735, October 4, 1993), this proposed provided in the body of a comment will inspection. action is not a ‘‘significant regulatory be included as part of the comment that Submittal of CBI Comments action’’ and therefore is not subject to is placed in the official public docket. review by the Office of Management and If EPA cannot read your comment due Do not submit information that you Budget. For this reason, this action is to technical difficulties and cannot consider to be CBI electronically to EPA. also not subject to Executive Order contact you for clarification, EPA may You may claim information that you 13211, ‘‘Actions Concerning Regulations not be able to consider your comment. submit to EPA as CBI by marking any That Significantly Affect Energy Supply, i. E-mail. Comments may be sent by part or all of that information as CBI (if Distribution, or Use’’ (66 FR 28355, May electronic mail (e-mail) to you submit CBI on disk or CD–ROM, 22, 2001). This proposed action merely [email protected], attention PA mark the outside of the disk or CD–ROM proposes to approve Commonwealth 210–4302. EPA’s e-mail system is not an as CBI and then identify electronically law as meeting Federal requirements ‘‘anonymous access’’ system. If you within the disk or CD–ROM the specific send an e-mail comment directly and imposes no additional requirements information that is CBI). Information so beyond those imposed by without going through Regulations.gov, marked will not be disclosed except in EPA’s e-mail system automatically Commonwealth law. Accordingly, the accordance with procedures set forth in Administrator certifies that this captures your e-mail address. E-mail 40 CFR part 2. addresses that are automatically proposed rule will not have a significant In addition to one complete version of economic impact on a substantial captured by EPA’s e-mail system are the comment that includes any included as part of the comment that is number of small entities under the information claimed as CBI, a copy of Regulatory Flexibility Act (5 U.S.C. 601 placed in the official public docket. the comment that does not contain the ii. Regulations.gov. Your use of et seq.). Because this rule proposes to information claimed as CBI must be approve pre-existing requirements Regulation.gov is an alternative method submitted for inclusion in the official of submitting electronic comments to under state law and does not impose public regional rulemaking file. If you any additional enforceable duty beyond EPA. Go directly to Regulations.gov at submit the copy that does not contain http://www.regulations.gov, then select that required by state law, it does not CBI on disk or CD–ROM, mark the contain any unfunded mandate or ‘‘Environmental Protection Agency’’ at outside of the disk or CD–ROM clearly the top of the page and use the ‘‘go’’ significantly or uniquely affect small that it does not contain CBI. Information governments, as described in the button. The list of current EPA actions not marked as CBI will be included in available for comment will be listed. Unfunded Mandates Reform Act of 1995 the public file and available for public (Pub. L. 104–4). Please follow the online instructions for inspection without prior notice. If you submitting comments. The system is an This proposed rule also does not have have any questions about CBI or the ‘‘anonymous access’’ system, which tribal implications because it will not procedures for claiming CBI, please means EPA will not know your identity, have a substantial direct effect on one or consult the person identified in the FOR e-mail address, or other contact more Indian tribes, on the relationship FURTHER INFORMATION CONTACT section. information unless you provide it in the between the Federal Government and body of your comment. Considerations When Preparing Indian tribes, or on the distribution of iii. Disk or CD–ROM. You may submit Comments to EPA power and responsibilities between the comments on a disk or CD–ROM that Federal Government and Indian tribes, you mail to the mailing address You may find the following as specified by Executive Order 13175 suggestions helpful for preparing your identified in the ADDRESSES section of (65 FR 67249, November 9, 2000). This this document. These electronic comments: action also does not have Federalism submissions will be accepted in 1. Explain your views as clearly as implications because it does not have WordPerfect, Word or ASCII file format. possible. substantial direct effects on the States, Avoid the use of special characters and 2. Describe any assumptions that you on the relationship between the national any form of encryption. used. government and the States, or on the 2. By Mail. Written comments should 3. Provide any technical information distribution of power and be addressed to the EPA Regional office and/or data you used that support your responsibilities among the various listed in the ADDRESSES section of this views. levels of government, as specified in document. 4. If you estimate potential burden or Executive Order 13132 (64 FR 43255, For public commenters, it is costs, explain how you arrived at your August 10, 1999). This action merely important to note that EPA’s policy is estimate. proposes to approve a state rule that public comments, whether 5. Provide specific examples to implementing a Federal standard, and submitted electronically or in paper, illustrate your concerns. does not alter the relationship or the will be made available for public 6. Offer alternatives. distribution of power and viewing at the EPA Regional Office, as 7. Make sure to submit your responsibilities established in the Clean EPA receives them and without change, comments by the comment period Air Act. This proposed rule also is not unless the comment contains deadline identified. subject to Executive Order 13045 copyrighted material, confidential 8. To ensure proper receipt by EPA, ‘‘Protection of Children from business information (CBI), or other identify the appropriate regional file/ Environmental Health Risks and Safety information whose disclosure is rulemaking identification number in the Risks’’ (62 FR 19885, April 23, 1997), restricted by statute. When EPA subject line on the first page of your because it is not economically identifies a comment containing response. It would also be helpful if you significant. copyrighted material, EPA will provide provided the name, date, and Federal In reviewing SIP submissions, EPA’s a reference to that material in the Register citation related to your role is to approve state choices, version of the comment that is placed in comments. provided that they meet the criteria of

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the Clean Air Act. In this context, in the Advancement Act of 1995 (15 U.S.C. List of Subjects in 40 CFR Part 52 absence of a prior existing requirement 272 note) do not apply. Environmental protection, Air for the State to use voluntary consensus This rule proposing to approve pollution control, Intergovernmental standards (VCS), EPA has no authority Pennsylvania’s proposed revisions to relations, Nitrogen dioxide, Ozone, to disapprove a SIP submission for the Reading area’s maintenance plan for Reporting and recordkeeping failure to use VCS. It would thus be the 1-hour ozone NAAQS, submitted to requirements, Volatile organic inconsistent with applicable law for EPA on October 14, 2003, for parallel- compounds. EPA, when it reviews a SIP submission, processing, does not impose an Authority: 42 U.S.C. 7401 et seq. to use VCS in place of a SIP submission information collection burden under the Dated: November 10, 2003. that otherwise satisfies the provisions of provisions of the Paperwork Reduction Thomas Voltaggio, the Clean Air Act. Thus, the Act of 1995 (44 U.S.C. 3501 et seq.). requirements of section 12(d) of the Acting Regional Administrator, Region III. National Technology Transfer and [FR Doc. 03–28909 Filed 11–18–03; 8:45 am] BILLING CODE 6560–50–P

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Notices Federal Register Vol. 68, No. 223

Wednesday, November 19, 2003

This section of the FEDERAL REGISTER Washington, DC 20004. Also submit the DEPARTMENT OF AGRICULTURE contains documents other than rules or reports electronically to [email protected], proposed rules that are applicable to the and include ‘‘E.O. 13287 Report’’ in the Foreign Agricultural Service public. Notices of hearings and investigations, subject line. committee meetings, agency decisions and Trade Adjustment Assistance for FOR FURTHER INFORMATION CONTACT: rulings, delegations of authority, filing of Farmers petitions and applications and agency Charlene Vaughn, Advisory Council on statements of organization and functions are Historic Preservation, 1100 AGENCY: Foreign Agricultural Service, examples of documents appearing in this Pennsylvania Avenue, NW., Suite 809, USDA. section. Washington, DC 20004. (202) 606–8505. ACTION: SUPPLEMENTARY INFORMATION: A copy of Notice. ADVISORY COUNCIL ON HISTORIC the guidelines may be obtained through PRESERVATION the Internet at http:\www.achp.gov\PA– The Administrator, Foreign EOguidelines.html. A hard copy may Agricultural Service (FAS), certified a Notice of Availability of ‘‘Advisory also be obtained by contacting Charlene petition for trade adjustment assistance Guidelines Implementing Executive Vaughn (see FOR FURTHER INFORMATION (TAA) that was filed on October 21, Order 13287, ‘Preserve America,’ CONTACT, above). 2003, by the Georgia Shrimp Section 3: Improving Federal Agency Dated: November 13, 2003. Association, Darien, Georgia. Shrimpers Planning and Accountability’’ John M. Fowler, in Georgia are now eligible to apply for Authority: E.O. 13287 program benefits. Executive Director. AGENCY: Advisory Council on Historic [FR Doc. 03–28882 Filed 11–18–03; 8:45 am] SUPPLEMENTARY INFORMATION: Upon Preservation. BILLING CODE 4310–10–M investigation, the Administrator Notice of availability of advisory determined that increased imports of guidelines. farmed shrimp contributed importantly to a decline in the landed prices of SUMMARY: The Advisory Council on DEPARTMENT OF AGRICULTURE shrimp in Georgia by 26.0 percent Historic Preservation (ACHP) is during January 2002 through December Commodity Credit Corporation notifying Federal agencies of the 2002, when compared with the previous availability of advisory guidelines, Types and Quantities of Agricultural 5-year average. prepared in October 2003, to assist Commodities Available for Donation Federal agencies with real property Shrimpers certified as eligible for Overseas Under Section 416(b) of the management responsibilities in TAA may apply to the Farm Service Agricultural Act of 1949, as Amended, preparing the assessments and reports Agency for benefits through February 9, in Fiscal Year 2004 outlined in Executive Order 13287. 2004. After submitting completed applications, producers shall receive Agencies are encouraged to use the AGENCY: Commodity Credit Corporation, technical assistance provided by the advisory guidelines as a template to USDA. ensure that adequate, complete, and Extension Service at no cost and an useful information is submitted to the ACTION: Notice. adjustment assistance payment, if ACHP. The ACHP will use the agency’s certain program criteria are met. information to prepare its report for the SUMMARY: On November 12, 2003, the President, Commodity Credit Producers of raw agricultural President on the state of the Federal commodities wishing to learn more Government’s historic properties and Corporation (CCC), who is the Under Secretary of Agriculture for Farm and about TAA and how they may apply their contribution to local economic should contact the Department of development. Foreign Agricultural Services, determined that 100,000 metric tons of Agriculture at the addresses provided DATES: Federal agencies with real nonfat dry milk in CCC inventory will below for General Information. property management responsibilities be made available for donation overseas Producers Certified as Eligible for must submit the initial Executive Order under section 416(b) of the Agricultural TAA, Contact: Farm Service Agency 13287, Section 3, Report to the ACHP Act of 1949, as amended, during fiscal service centers in Georgia. and the Secretary of the Interior on or year 2004. before September 30, 2004. Federal For General Information About TAA, agencies with real property FOR FURTHER INFORMATION CONTACT: Contact: Jean-Louis Pajot, Coordinator, manageament responsibilities must William Hawkins, Director, Program Trade Adjustment Assistance for submit the subsequent Executive Order Administration Division, FAS, USDA, Farmers, FAS, USDA, (202) 720–2916, 13287, Section 3, progress reports to the (202) 720–3241, e-mail: [email protected]. [email protected]. ACHP and the Secretary of the Interior Dated: November 7, 2003. on or before September 30, 2005, and Dated: November 12, 2003. A. Ellen Terpstra, every third year thereafter. A. Ellen Terpstra, Administrator, Foreign Agricultural Service. ADDRESSES: Mail all reports to the Vice President, Commodity Credit [FR Doc. 03–28829 Filed 11–18–03; 8:45 am] Executive Director, Advisory Council on Corporation. Historic Preservation, 1100 [FR Doc. 03–28830 Filed 11–18–03; 8:45 am] BILLING CODE 3410–10–M Pennsylvania Ave., NW., Suite 809, BILLING CODE 3410–10–M

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DEPARTMENT OF AGRICULTURE ACTION: Notice. People and Local Land Use at the Francis Marion National Forest.’’ Foreign Agricultural Service The Administrator, Foreign DATES: Comments must be received in Agricultural Service (FAS), certified a writing on or before January 20, 2004 to Trade Adjustment Assistance for petition for trade adjustment assistance be assured of consideration. Comments Farmers (TAA) that was filed on October 21, received after that date will be 2003, by the Texas Shrimp Association, AGENCY: Foreign Agricultural Service, considered to the extent practicable. Arkansas, Texas. Shrimp producers in USDA. ADDRESSES: Comments concerning this Texas are now eligible to apply for notice should be addressed to Cassandra ACTION: Notice. program benefits. Johnson, Forestry Sciences Laboratory, The Administrator, Foreign SUPPLEMENTARY INFORMATION: Upon Southern Research Station, Forest Agricultural Service (FAS), certified a investigation, the Administrator Service, USDA, 320 Green St., Athens, petition for trade adjustment assistance determined that increased imports of GA 30602–2044. (TAA) that was filed on September 30, farmed shrimp contributed importantly Comments also may be submitted to 2003, by the South Carolina Shrimpers’ to a decline in the landed prices of Cassandra Johnson via facsimile to (706) Association, McClellanville, South shrimp in Texas by 27.8 percent during 559–4266 or by e-mail to Carolina. Shrimpers and shrimp farmers January 2002 through December 2002, [email protected]. in South Carolina are now eligible to when compared with the previous 5- The public may inspect comments apply for program benefits. year average. received at the Forestry Sciences SUPPLEMENTARY INFORMATION: Upon Shrimpers certified as eligible for Laboratory, Southern Research Station, investigation, the Administrator TAA may apply to the Farm Service Forest Service, USDA, 320 Green St., determined that increased imports of Agency for benefits through February 9, Athens, Georgia, during normal farmed shrimp contributed importantly 2004. After submitting completed business hours. Visitors are encouraged to a decline in the landed prices of applications, producers shall receive to call ahead to (706) 559–4222 to shrimp in South Carolina by 29.0 technical assistance provided by the facilitate entry to the building. percent during January 2002 through Extension Service at no cost and an FOR FURTHER INFORMATION CONTACT: December 2002, when compared with adjustment assistance payment, if Cassandra Johnson, Forestry Sciences the previous 5-year average. certain program criteria are met. Laboratory, at (706) 559–4270. Shrimpers and shrimp farmers Producers of raw agricultural Individuals who use telecommunication certified as eligible for TAA may apply commodities wishing to learn more devices for the deaf (TDD) may call the to the Farm Service Agency for benefits about TAA and how they may apply Federal Relay Service (FRS) at 1–800– through February 9, 2004. After should contact the Department of 877–8339 twenty-four hours a day, submitting completed applications, Agriculture at the addresses provided every day of the year, including producers shall receive technical below for General Information. holidays. assistance provided by the Extension Producers Certified as Eligible for SUPPLEMENTARY INFORMATION: Service at no cost and an adjustment TAA, Contact: Farm Service Agency Title: Understanding Relationships assistance payment, if certain program service centers in Texas. Between People and Local Land Use at criteria are met. For General Information About TAA, the Francis Marion National Forest. Producers of raw agricultural Contact: Jean-Louis Pajot, Coordinator, OMB Number: 0596–New. commodities wishing to learn more Trade Adjustment Assistance for Expiration Date of Approval: N/A. about TAA and how they may apply Farmers, FAS, USDA, (202) 720–2916, Type of Request: New. should contact the Department of e-mail: [email protected]. Abstract: There has been a Agriculture at the addresses provided Dated: November 7, 2003. considerable amount of controversy surrounding land use in rural, coastal below for General Information. A. Ellen Terpstra, regions of South Carolina. Press reports Producers Certified as Eligible for Administrator, Foreign Agricultural Service. TAA, Contact: Farm Service Agency and anecdotal information indicate that [FR Doc. 03–28828 Filed 11–18–03; 8:45 am] service centers in South Carolina. some residents support initiatives that For General Information About TAA, BILLING CODE 3410–10–M would encourage commercial and Contact: Jean-Louis Pajot, Coordinator, residential development in the region, while other residents strongly oppose Trade Adjustment Assistance for DEPARTMENT OF AGRICULTURE Farmers, FAS, USDA, (202) 720–2916, such initiatives. The first objective of e-mail: [email protected]. Forest Service this information collection is to examine rural residents’ knowledge and opinions Dated: November 7, 2003. Information Collection; Understanding regarding commercial and residential A. Ellen Terpstra, Relationships Between People and development in rural, upper Charleston Administrator, Foreign Agricultural Service. Local Land Use at the Francis Marion County, South Carolina (Seewee to [FR Doc. 03–28827 Filed 11–18–03; 8:45 am] National Forest Santee region). The second objective is BILLING CODE 3410–10–M to learn more about the kinds of AGENCY: Forest Service, USDA. recreational activities in which local ACTION: Notice; request for comment. residents participate while visiting the DEPARTMENT OF AGRICULTURE Francis Marion National Forest, which SUMMARY: In accordance with the is located in this region. Foreign Agricultural Service Paperwork Reduction Act of 1995, the The National Forest-Dependent Rural Trade Adjustment Assistance for Forest Service is seeking comments Communities Economic Diversification Farmers from all interested individuals and Act of 1990 provides the authority for organizations regarding the new this information collection. This Act AGENCY: Foreign Agricultural Service, information collection entitled, gives the Forest Service an opportunity USDA. ‘‘Understanding Relationships Between to help rural communities, located in or

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near national forests, organize, plan, and Estimate of Annual Burden: 15 sole preparer of the EIS. The Forest implement rural development efforts. minutes. Service is revising the NOI to indicate This proposed information collection Type of Respondents: Rural residents that the Forest Service will serve as the seeks residents’ opinions regarding use in upper Charleston County, South Lead Agency (40 CFR 1501.5) and the and management of non-Federal lands, Carolina. Oregon Department of Fish and Wildlife as well as use and management of Estimated Annual Number of and the Oregon Department of Federal lands that include the Francis Respondents: 530. Environmental Quality will serve as Marion National Forest. Estimated Annual Number of Cooperating Agencies (40 CFR 1501.6) The Seewee to Santee region Responses per Respondent: 1. in the preparation of the EIS. Estimated Total Annual Burden on encompasses about 308 square miles FOR FURTHER INFORMATION CONTACT: with a population of approximately Respondents: 132.5. Sherri L. Chambers, Team Leader, North 4,500. The area includes two towns, Comment Is Invited Umpqua Ranger District, 18782 North Awendaw and McClellanville, and Comment is invited on: (1) Whether Umpqua Highway, Glide, Oregon 97443, several unincorporated communities or (541) 496–3532. adjacent to these towns. Sections of the this collection of information is area are either within the boundary of necessary for the stated purposes and Dated: November 12, 2003. the Francis Marion National Forest or the proper performance of the functions James A. Caplan, are directly adjacent to the Forest. of the agency, including whether the Forest Supervisor. Residents will be asked to respond to information will have practical or [FR Doc. 03–28864 Filed 11–18–03; 8:45 am] questions or statements in the following scientific utility; (2) the accuracy of the BILLING CODE 3410–11–M five categories: (1) Commercial and agency’s estimate of the burden of the residential use of non-Federal land; (2) collection of information, including the quality of drinking water and septic validity of the methodology and DEPARTMENT OF AGRICULTURE systems at respondent’s primary assumptions used; (3) ways to enhance Forest Service residence; (3) resident involvement and the quality, utility, and clarity of the connection to the local community; (4) information to be collected; and (4) ways to minimize the burden of the Notice of Mineral County Resource national forest recreation visitation; and Advisory Committee Meeting (5) demographic information. collection of information on Five hundred thirty respondents will respondents, including the use of AGENCY: Forest Service, USDA. automated, electronic, mechanical, or be selected using a stratified random ACTION: Notice of meeting. sample based on an estimate of other technological collection techniques or other forms of information individuals in the Seewee to Santee SUMMARY: technology. Pursuant to the authorities in region at or below the poverty level, as the Federal Advisory Committee Act defined by the U.S. Census. The U.S. Use Of Comments (Pub. L. 92–463) and under the Secure Census Bureau uses income before taxes All comments received in response to Rural Schools and Community Self- to compute the poverty rate. Such this notice, including names and Determination Act of 2000 (Pub. L. 106– income includes earnings, addresses when provided, will be a 393) the Lolo National Forest’s Mineral unemployment compensation, social matter of public record. Comments will County Resource Advisory Committee security, rents, and child support be summarized and included in the will meet on December 2, 2003 at 6 p.m. payments. Survey Sampling submission request toward Office of until 7:30 p.m. in Superior, Montana for International (SSI), located in Fairfield, Management and Budget approval. a business meeting. The meeting is open Connecticut, specializes in sample to the public. design and will provide addresses and Dated: November 10, 2003. DATES: December 2, 2003. phone numbers for potential Robert Lewis, respondents. Deputy Chief for Research & Development. ADDRESSES: The meeting will be held at Undergraduate students at the College [FR Doc. 03–28860 Filed 11–18–03; 8:45 am] the Mineral County Courthouse, 300 River Street, Superior, MT 59872. of Charleston in Charleston, South BILLING CODE 3410–11–P Carolina will collect data via face-to- FOR FURTHER INFORMATION CONTACT: face interviews with respondents. Dr. Robert Harper, Designated Forest Angela C. Halfacre, with the DEPARTMENT OF AGRICULTURE Official (DFO), District Ranger, Lolo Environmental Studies Program at the National Forest, at (406) 822–4233. Forest Service College of Charleston, will supervise the SUPPLEMENTARY INFORMATION: Agenda students. Students will send letters to Diamond Lake Restoration Project, topics for this meeting include a potential respondents requesting an Umpqua National Forest, Douglas discussion of the Blacktail Weed Spread interview, follow-up with a telephone County, OR and Erosion project (funded in 02); call to schedule the interview, and review of Pub. L. 106–393; and arrange a convenient time for the AGENCY: Forest Service, USDA. discussion about new project proposals, interview. ACTION: Revised notice of intent to as authorized under Title II of Pub. L. Forest Service research scientists with prepare an environmental impact 106–393. If the meeting location is the Southern Research Station Forestry statement. changed, notice will be posted in local Sciences Lab in Athens, Georgia, will newspapers, including the Mineral work with faculty in the Environmental SUMMARY: On April 25, 2003, the USDA Independent and the Missoulian. Studies Program at the College of Forest Service, published a Notice of Charleston to analyze and evaluate the Intent in the Federal Register (68 FR Dated: November 13, 2003. collected information, which will be 20367) to prepare an environmental Deborah L.R. Austin, published and available from the impact statement (EIS) for the Diamond Designated Federal Official. Southern Research Station in Asheville, Lake Restoration Project. The original [FR Doc. 03–28862 Filed 11–18–03; 8:45 am] South Carolina. NOI identified the Forest Service as the BILLING CODE 3410–11–M

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DEPARTMENT OF COMMERCE the economy. This imbalance has its Copies of the above information origins from a period when goods collection proposal can be obtained by Census Bureau production was the larger and more calling or writing Diana Hynek, rapidly growing part of the non-farm Departmental Paperwork Clearance Submission for OMB Review; economy. Officer, (202) 482–0266, Department of Comment Request The last fifty years, however, have Commerce, room 6625, 14th and DOC has submitted to the Office of witnessed profound changes in the U.S. Constitution Avenue, NW., Washington, Management and Budget (OMB) for economy. Following World War II, DC 20230 (or via the Internet at clearance the following proposal for manufacturing accounted for about 27 [email protected]). collection of information under the percent of Gross Domestic Product Written comments and provisions of the Paperwork Reduction (GDP). Today that number is about 16 recommendations for the proposed Act (44 U.S.C. chapter 35). percent. Services, including retail and information collection should be sent Agency: U.S. Census Bureau. wholesale trade, were approximately 40 within 30 days of publication of this Title: Quarterly Services Survey. percent of GDP and are now about 66 notice to Susan Schechter, OMB Desk Form Number(s): QSS–1(A), QSS– percent. Financial, business, scientific, Officer either by fax (202–395–7245) or _ 1(E), QSS–2(A), QSS–2(E), QSS–3(A), and professional services have more e-mail (susan [email protected]). QSS–3(E). than doubled in the last 50 years while Dated: November 14, 2003. Agency Approval Number: None. computer related services nearly Madeleine Clayton, doubled between 1994 and 2000. When Type of Request: New collection. Management Analyst, Office of the Chief Burden: 5,000 hours. one adds Government services to the Information Officer. total, almost 80 percent of GDP and Number of Respondents: 5,000. [FR Doc. 03–28934 Filed 11–18–03; 8:45 am] employment are in services. Avg. Hours Per Response: 15 minutes. BILLING CODE 3510–07–P Needs and Uses: The U.S. Census Reliable measures of economic Bureau seeks approval for a new activity are essential to an objective quarterly survey of service industry assessment of the need for, and impact DEPARTMENT OF COMMERCE activity called the Quarterly Services of, a wide range of public policy Survey (QSS). The QSS will begin a new decisions. More up-to-date estimates of Census Bureau economic indicator series that will service industry output will improve provide, for selected service industries, these measures. The new QSS will Submission for OMB Review; quarterly estimates of total operating provide timely data on the services Comment Request industries that will allow the Bureau of revenue and the percentage of revenue DOC has submitted to the Office of Economic Analysis (BEA) to make by class of customer. In addition, we Management and Budget (OMB) for significant improvements in the will collect total operating expenses clearance the following proposal for national accounts. In the National from tax-exempt firms in industries that collection of information under the Income and Product Accounts (NIPA), have a large not-for-profit component. provisions of the Paperwork Reduction the quarterly data will allow more For 2004, we will include information; Act (44 U.S.C. chapter 35). accurate estimates of both Personal professional, scientific and technical Agency: U.S. Census Bureau. services; and administrative and Consumption Expenditures (PCE) and Title: Annual Trade Survey. support and waste management and private fixed investment. For example, Form Number(s): SA–42, SA–42A, remediation services industries for recently published revisions to the SA–42 (MSBO), SA–42A (MSBO). employer businesses. In 2005, we plan quarterly NIPA estimates resulted from Agency Approval Number: 0607– to expand the QSS to include coverage the incorporation of new source data 0195. of hospitals and nursing and residential from our SAS. These data affected both Type of Request: Revision of a care facilities from employer businesses. services PCE and software investment. currently approved collection. The Census Bureau presently GDP for 2000 was revised downward by Burden: 3,260 hours. conducts 13 principal economic nearly $60 billion as a result of Number of Respondents: 8,100. indicator surveys. Monthly series cover overstating equipment and software, Avg. Hours Per Response: 24 minutes. manufacturing, wholesale and retail with the bulk of the revision resulting Needs and Uses: The U.S. Census trade, and merchandise trade; quarterly from a faster than estimated Bureau is requesting a revision to the series include corporate profits and deceleration in sales of custom and current Office of Management and housing vacancies. These indicator packaged software. Revenue will also be Budget (OMB) clearance for the Annual series track current economic activity, used to produce estimates of gross Trade Survey (ATS). The ATS currently are closely followed and widely used by output by industry that will allow BEA covers only merchant wholesale policy makers in the public and private to produce a much earlier version of its establishments, and will be expanded to sectors, and move financial markets. No gross domestic product by industry include manufacturers’ sales branches principal economic indicator currently estimates. Also, the Federal Reserve and offices (MSBOs). The survey is an exists, however, for the service sector Board (FRB) and the Council of official source of annual sales, despite the service industries’ Economic Advisors (CEA) will use the inventory, and value added measures importance and increasing share of total QSS information to better assess current for wholesale establishments located in U.S. economic activity. Measures of economic performance. the United States. The ATS provides service industry output are available Affected Public: Business or other for- annual data needed to improve the only quinquennially in the Economic profit; not-for-profit institutions. accuracy of the sales estimates and Census and on an annual basis in the Frequency: Quarterly. inventory adjustments in the Gross Service Annual Survey (SAS). Respondent’s Obligation: Voluntary. Domestic Product (GDP) and for Service data are far less available in Legal Authority: Title 13 U.S.C., benchmarking results of the Monthly terms of industry and geographic detail, Section 182. Wholesale Trade Survey (MWTS) [OMB and frequency of collection than are OMB Desk Officer: Susan Schechter, No. 0607–0190]. Data on MSBOs will those for the goods-producing sector of (202) 395–5103. address a longstanding Bureau of

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Economic Analysis (BEA) priority to Dated: November 14, 2003. projects from this list for the VIP survey. obtain annual measures of MSBO Madeleine Clayton, Due to the differences in the level of inventories to improve BEA’s estimates Management Analyst, Office of the Chief coverage by value and geographical of business inventory change, a key Information Officer. area, various projects have no chance of component of the GDP estimate. The [FR Doc. 03–28935 Filed 11–18–03; 8:45 am] being selected for the VIP survey. estimates compiled from this survey BILLING CODE 3510–07–P The most recent evaluation of this provide valuable information for coverage was done in 1988, producing economic policy decisions by the an undercoverage estimate of 18 government and will be widely used by DEPARTMENT OF COMMERCE percent. The continuing difference on private businesses, trade organizations, the fiscal year basis between the CPRS Census Bureau and the ASGF indicates the need for a professional associations, and other reevaluation of the sampling frame business research and analysis State and Local Construction coverage. organizations. Coverage Study We will conduct this study on a one This request is for the clearance of ACTION: Proposed collection; comment time basis. The Census Bureau will use two existing report forms, the SA–42 request. the information collected for evaluation and SA–42A, and two new forms, SA– purposes and survey improvement 42 (MSBO) and SA–42A (MSBO), which SUMMARY: The Department of through the correction of the State and will be used to collect data for MSBOs. Commerce, as part of its continuing local construction VIP estimate by the The forms request similar but unique effort to reduce paperwork and estimated coverage rate. The sets of data items to accommodate both respondent burden, invites the general consequence for not conducting an merchant wholesalers and public and other Federal agencies to undercoverage evaluation will be that manufacturers sales branches and take this opportunity to comment on the Census Bureau will produce less offices as well as both large and small proposed and/or continuing information accurate estimates for the State and firms. The survey report forms are used collections, as required by the local government construction VIP. The to collect total sales, e-commerce sales, Paperwork Reduction Act of 1995, Pub. Bureau of Economic Analysis uses the year-end inventory, and inventory L. 104–13 (44 U.S.C. 3506(c)(2)(A)). Construction Progress Reporting Survey valuation methods. In addition DATES: Written comments must be estimates to develop the construction components for input to the Gross purchases are collected for merchant submitted on or before January 20, 2004. Domestic Product (GDP) accounts. Other wholesalers and operating expenses for ADDRESSES: Direct all written comments government agencies such as the MSBOs. Cognitive research on the to Diana Hynek, Departmental Council of Economics Advisers, the proposed MSBO forms is being Paperwork Clearance Officer, Department of Commerce, Room 6625, Federal Reserve Bank Board, and the conducted and will continue in October Department of Treasury use these and November 2003. Results will be 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the estimates in making policy decisions. used to suggest revisions to clarify Internet at [email protected]). questions and instructions that convey II. Method of Collection FOR FURTHER INFORMATION CONTACT: definitions, in order to ensure data We selected our respondents from the Requests for additional information or quality and reduce respondent burden. sample of State and local governments copies of the information collection Revisions to the basic content of the in the ASGF. We sampled 4,026 instrument(s) and instructions should form are not expected. agencies from the sample of 16,986 be directed to Thuy Trang Nguyen, U.S. agencies with construction Affected Public: Business or other for- Census Bureau, Room 2136–4, profit. expenditures. Washington, DC 20233–6900 (or via We will utilize a mailout/mailback Frequency: Annually. telephone at (301) 763–4640). strategy to collect the data. SUPPLEMENTARY INFORMATION: Respondent’s Obligation: Mandatory. Questionnaires will be mailed out in Legal Authority: Title 13 U.S.C., I. Abstract two waves (wave 1 to half of the sampled agencies and wave 2 to the Sections 182, 224, and 225. The U.S. Census Bureau collects other half) three months apart. monthly Value in Place (VIP) data on OMB Desk Officer: Susan Schechter, Nonresponse followup will be State and local government construction (202) 395–5103. conducted by telephone beginning 30 in the Construction Progress Reporting days after the initial mailout. Copies of the above information Surveys (CPRS) (OMB # 0607–0153). We collection proposal can be obtained by also collect fiscal year data on similar III. Data calling or writing Diana Hynek, construction in the Annual Survey of Departmental Paperwork Clearance OMB Number: None. Government Finance (ASGF) (OMB # Form Number: SLUE–007(SS). Officer, (202) 482–0266, Department of 0607–0585). It is expected that these Type of Review: New collection. Commerce, room 6625, 14th and estimates should be comparable on a Affected Public: State or local Constitution Avenue, NW., Washington, fiscal basis; nevertheless, they have governments. DC 20230 (or via the Internet at continued to differ significantly during Estimated Number of Respondents: [email protected]). the past decades. One major source of 4,026. Written comments and the differences is the undercoverage of Estimated Time Per Response: 1 hour. recommendations for the proposed the desired universe by the sampling Estimated Total Annual Burden information collection should be sent frame used in the CPRS. The F.W. Hours: 4,026. within 30 days of publication of this Dodge Division of McGraw-Hill Estimated Total Annual Cost: notice to Susan Schechter, OMB Desk Information Systems Company $67,000. identifies and lists projects started by Officer either by fax (202–395–7245) or Respondent’s Obligation: Voluntary. State and local governments Legal Authority: Title 13, United e-mail ([email protected]). nationwide. We select a sample of States Code, Sections 161 and 182.

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IV. Request for Comments Washington, DC 20233–8400, (301) 763– • Fertility History. 3819. • Migration History. Comments are invited on: (a) Whether • the proposed collection of information SUPPLEMENTARY INFORMATION: Household Relationships. Wave 2 interviews will be conducted is necessary for the proper performance I. Abstract from June 2004 through September of the functions of the agency, including 2004. whether the information will have The Census Bureau conducts the SIPP A 10-minute reinterview of 3,100 practical utility; (b) the accuracy of the which is a household-based survey people is conducted at each wave to agency’s estimate of the burden designed as a continuous series of national panels. New panels are ensure accuracy of responses. (including hours and cost) of the introduced every few years with each Reinterviews would require an proposed collection of information; (c) panel usually having durations of one to additional 1,035 burden hours in FY ways to enhance the quality, utility, and four years. Respondents are interviewed 2004. clarity of the information to be at 4-month intervals or ‘‘waves’’ over collected; and (d) ways to minimize the II. Method of Collection the life of the panel. The survey is burden of the collection of information molded around a central ‘‘core’’ of labor The SIPP is designed as a continuing on respondents, including through the force and income questions that remain series of national panels of interviewed use of automated collection techniques fixed throughout the life of the panel. households that are introduced every or other forms of information The core is supplemented with few years with each panel having technology. questions designed to address specific durations of 1 to 4 years. All household Comments submitted in response to needs, such as obtaining information members 15 years old or over are this notice will be summarized and/or about household relationships, interviewed using regular proxy- included in the request for OMB education and training, children, respondent rules. During the 2004 approval of this information collection; marriage, migration, and history of panel, respondents are interviewed a they also will become a matter of public work-related disabilities. These total of 12 times (12 waves) at 4-month record. supplemental questions are included intervals making the SIPP a longitudinal Dated: November 14, 2003. with the core and are referred to as survey. Sample people (all household Madeleine Clayton, ‘‘topical modules.’’ members present at the time of the first Management Analyst, Office of the Chief The SIPP represents a source of interview) who move within the country Information Officer. information for a wide variety of topics and reasonably close to a SIPP primary [FR Doc. 03–28936 Filed 11–18–03; 8:45 am] and allows information for separate sampling unit will be followed and BILLING CODE 3510–07–P topics to be integrated to form a single, interviewed at their new address. unified database so that the interaction Individuals 15 years old or over who between tax, transfer, and other enter the household after Wave 1 will be DEPARTMENT OF COMMERCE government and private policies can be interviewed; however, if these examined. Government domestic-policy individuals move, they are not followed Census Bureau formulators depend heavily upon the unless they happen to move along with SIPP information concerning the a Wave 1 sample individual. Survey of Income and Program distribution of income received directly Participation (SIPP) Wave 2 of the 2004 as money or indirectly as in-kind III. Data Panel benefits and the effect of tax and OMB Number: Not Available. transfer programs on this distribution. Form Number: SIPP/CAPI Automated ACTION: Proposed collection; comment They also need improved and expanded Instrument. request. data on the income and general Type of Review: Regular. SUMMARY: The Department of economic and financial situation of the Affected Public: Individuals or Commerce, as part of its continuing U.S. population. The SIPP has provided Households. effort to reduce paperwork and these kinds of data on a continuing basis Estimated Number of Respondents: respondent burden, invites the general since 1983 permitting levels of 96,600 people per wave. public and other federal agencies to take economic well-being and changes in Estimated Time Per Response: 30 this opportunity to comment on these levels to be measured over time. minutes per person on average. proposed or continuing information The 2004 panel is currently scheduled Estimated Total Annual Burden collections, as required by the for 4 years and will include 12 waves Hours: 97,635. Paperwork Reduction Act of 1995, Pub. of interviewing beginning February Estimated Total Annual Cost: The L. 104–13 (44 U.S.C. 3506(c)(2)(A)). 2004. Approximately 62,000 households only cost to respondents is their time. Respondent’s Obligation: Voluntary. DATES: will be selected for the 2004 panel, of Written comments must be Legal Authority: Title 13, United submitted on or before January 20, 2004. which, 46,000 are expected to be interviewed. We estimate that each States Code, Section 182. ADDRESSES: Direct all written comments household will contain 2.1 people, to Diana Hynek, Departmental IV. Request for Comments yielding 96,600 interviews in Wave 1 Paperwork Clearance Officer, and subsequent waves. Interviews take Comments are invited on: (a) Whether Department of Commerce, Room 6625, 30 minutes on average. Two waves of the proposed collection of information 14th and Constitution Avenue, NW., interviewing will occur in the 2004 SIPP is necessary for the proper performance Washington, DC 20230 (or via the Panel during FY 2004. The total annual of the functions of the agency, including Internet at [email protected]). burden for 2004 Panel SIPP interviews whether the information shall have FOR FURTHER INFORMATION CONTACT: would be 96,600 hours in FY 2004. practical utility; (b) the accuracy of the Requests for additional information or The topical modules for the 2004 agency’s estimate of the burden copies of the information collection Panel Wave 2 collect information about: (including hours and cost) of the instrument(s) and instructions should • Work Disability History. proposed collection of information; (c) be directed to Judith H. Eargle, Census • Education and Training History. ways to enhance the quality, utility, and Bureau, FOB 3, Room 3387, • Marital History. clarity of the information to be

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collected; and (d) ways to minimize the know it is growing. Furthermore, the DEPARTMENT OF COMMERCE burden of the collection of information majority of households have both on respondents, including through the regular landline telephones plugged into Foreign-Trade Zones Board use of automated collection techniques the wall and cell phone service, but we [Docket No. 59–2003] or other forms of information do not know how they use their phones. technology. It is possible they get most of their calls Foreign-Trade Zone 44—Trenton, New Comments submitted in response to on a cell phone and only use the Jersey, Expansion of Manufacturing this notice will be summarized or landline telephone to take messages or Authority and Removal of Restrictions, included in the request for the Office of connect computers and fax machines. Subzones 44B, 44C and 44D, Management and Budget approval of For these reasons we need good International Flavors & Fragrances, this information collection. They also estimates of the size of the population Inc. (Flavor and Fragrance Products), will become a matter of public record. with different types of telephone Hazlet, Union Beach and Dayton, NJ Dated: November 14, 2003. service. The data obtained on the An application has been submitted to Madeleine Clayton, demographic characteristics of those the Foreign-Trade Zones Board (the Management Analyst, Office of the Chief households will allow us to evaluate the Board) by the NJ Commerce & Economic Information Officer. level of undercoverage and its possible Growth Commission, grantee of FTZ 44, [FR Doc. 03–28937 Filed 11–18–03; 8:45 am] effect on estimates. requesting authority to expand the BILLING CODE 3510–07–P scope of manufacturing authority under The information will be used by zone procedures within Subzones 44B, survey methodologists in both the 44C and 44D at the International Flavors DEPARTMENT OF COMMERCE public and private sector to further & Fragrances, Inc. (IFF), facilities, evaluate telephone survey designs and located in Hazlet, Union Beach and Census Bureau to develop better methods of sampling. Dayton, New Jersey. It was formally Affected Public: Individuals or filed on November 4, 2003. Submission for OMB Review; households. Subzones 44B, 44C and 44D were Comment Request Frequency: One-time. approved on 10/14/87 (FTZ Board Order DOC has submitted to the Office of #366). The FTZ Board approved the Management and Budget (OMB) for Respondent’s Obligation: Voluntary. subzones subject to a time limit and clearance the following proposal for Legal Authority: Title 13 U.S.C., reporting requirements. The Board collection of information under the Section 182 and Title 29 U.S.C., extended the time limit for two provisions of the Paperwork Reduction Sections 1–9. additional time periods in 1992 and 1997. In April 2003, IFF was granted an Act (44 U.S.C. chapter 35). OMB Desk Officer: Susan Schechter, 18-month temporary time extension to Agency: U.S. Census Bureau. (202) 395–5103. Title: Current Population Survey, June 30, 2004, subject to the conditions February 2004 Cell Phone Use Copies of the above information of Board Order 366. Supplement. collection proposal can be obtained by The present application for expansion Form Number(s): CPS–263(L), BC– calling or writing Diana Hynek, of the scope of manufacturing authority 1428. Departmental Paperwork Clearance seeks authority to update and expand Agency Approval Number: None. Officer, (202) 482–0266, Department of the scope of IFF’s manufacturing under Type of Request: New collection. Commerce, room 6625, 14th and zone procedures to encompass a wider Burden: 630 hours. Constitution Avenue, NW., Washington, range of products and requests that the Number of Respondents: 37,800. DC 20230 (or via the Internet at time limit and reporting requirements Average Hours Per Response: 1 [email protected]). be removed. The applicant also seeks to minute. reorganize FTZ designation for the three Needs and Uses: The U.S. Census Written comments and subzones into one subzone to be Bureau requests OMB approval of the recommendations for the proposed designated as Subzone 44B. The collection of information pertaining cell information collection should be sent applicant further requests that the phone usage to be conducted as a within 30 days of publication of this acreage at the Union Beach site supplement to the February 2004 notice to Susan Schechter, OMB Desk (Subzone 44C) be reduced from the Current Population Survey (CPS). The Officer either by fax (202–395–7245) or original 200 acres to 155 acres, with the CPS is collected monthly by the U.S. e-mail ([email protected]). total acreage for IFF’s subzone Census Bureau for the Bureau of Labor Dated: November 14, 2003. decreasing to 327 acres. The application would expand the Statistics (BLS). Madeleine Clayton, Federal statistical agencies conduct scope of authority to include a broader telephone surveys more often than in Management Analyst, Office of the Chief range of flavor and fragrance the past. This trend is a result of the Information Officer. compounds, which are used by other rising costs of in-person surveys as well [FR Doc. 03–28938 Filed 11–18–03; 8:45 am] manufacturers to impart flavor and as improvements in telephone sampling BILLING CODE 3510–07–P fragrance to their finished products, methodology (list-assisted designs). including the following: fragrances and Government agencies, however, must toiletries, soaps, detergents, household pay particular attention to coverage products, and beverages and food issues that could affect the samples’ products. The application also requests representation of the universe. One of that the scope of authority for sourcing the coverage issues in telephone of foreign components be extended to surveys, as they are currently done, is include the following items: vanilla the failure to include households that beans, sunflower seed and other oils, only have cell phone service. While this petroleum oils from bituminous is a small population at this point, we minerals, other than crude, hydrogen

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and hydrogen chloride, sulfuric acid, U.S. Department of Commerce, FCB– Somerset, Somerset County nitric acid, diphosphorus pentaoxide, 4100W, 1401 Constitution Ave., NW., Site 3 (Franklin Complex, 2 Parcels, ammonia, sodium hydroxide, artificial Washington, DC 20230. 42.2 acres total) as follows: corundum, titanium oxides, chlorides, The closing period for their receipt is —34.7 acres at 100 Commerce Drive, sulfides and sulfates, phosphinates, January 20, 2004. Rebuttal comments in Somerset, Somerset County phosphonates and phosphates, response to material submitted during —7.5 acres at 10 Van Dyke Avenue, carbonates, silicates, hydrogen peroxide, the foregoing period may be submitted New Brunswick, Middlesex County acyclic and cyclic hydrocarbons, during the subsequent 15-day period (to Site 4 (Brunswick Complex, 2 Parcels, halogenated derivatives of February 2, 2004). 78.5 acres total) as follows: A copy of the application will be hydrocarbons, acyclic and cyclic —56.5 acres at 77 Deans Rhode Hall available for public inspection at the alcohols, phenols, ethers, epoxides, Road, Monmouth Junction, Office of the Foreign-Trade Zone aldehydes, ketones and quinones, Middlesex County saturated and unsaturated acyclic Board’s Executive Secretary at address —22 acres at 2400 U.S. Route 1, North monocarboxylic acids, polycarboxylic No. 1 listed above. Brunswick, Middlesex County and carboxylic acids, esters, amine- Dated: November 4, 2003. The L’Oreal USA facilities will be function compounds, oxygen-function Dennis Puccinelli, used for the manufacturing and amino-compounds, amino-alcohol- Executive Secretary. warehousing of cosmetic and beauty phenols, quaternary ammonium salts, products including hair care, cosmetic, carboxyimide-function compounds, [FR Doc. 03–28804 Filed 11–18–03; 8:45 am] treatment products and fragrance nitrile-function compounds, organo- BILLING CODE 3510–DS–P products (HTS 3302.90, 3303.00, sulfur compounds, heterocyclic 3304.10, 3304.20, 3304.30, 3304.91, compounds, nucleic acids and their 3304.99, 3305.10, 3305.20, 3305.30, salts, provitamins and vitamins, DEPARTMENT OF COMMERCE 3305.90, 3307.10, 3307.20 and 3307.30). glycosides, vegetable alkaloids, sugars, Foreign-Trade Zones Board Components and materials sourced from chemically pure (HTS 2940), other than abroad represent some 27% of all parts sucrose, tanning extracts, essential oils, [Docket No. 60–2003] consumed in manufacturing. The mixtures of odoriferous substances, primary inverted tariff savings will beauty or make-up preparations, organic Foreign-Trade Zone 44—Morris come from the following components: surface agents, artificial wares and County, NJ, Application for Subzone, plastic, glass, base metal and aluminum prepared waxes, casein, albumins, L’Oreal USA, Inc. (Cosmetic and packaging components, pads for peptones and their derivatives, Beauty Products), Middlesex, cosmetic application, carboxylic with enzymes, gum, wood or sulfate Somerset and Union Counties additional O2 function, turpentine, rosin and resin acids, An application has been submitted to paraphenylenediamine, O2 function reaction initiators, industrial the Foreign-Trade Zones Board (the amino compounds, quaternary monocarboxylic fatty acids, polymers of Board) by the New Jersey Commerce & ammonium salts, acyclic amide, fatty ethylene, polymers of vinyl acetate, Economic Growth Commission, grantee substances, animal or vegetable cellulose and its derivatives, natural of FTZ 44, requesting special-purpose polymers, fuel wood, and granules and polyethers, polyether nonionic subzone status for the manufacturing surfactant, mixtures of amino acids, powders of pig iron (2003 duty rate and warehousing facilities of L’Oreal range: duty-free to 10%). The list chemical preparations, mixtures of USA, Inc. (L’Oreal USA), located in proteins and preservatives, polymers of represents an expanded scope of IFF’s Middlesex, Somerset and Union existing scope of sourcing authority. vinyl esters, vinyl acetate polymers, Counties. The application was polyamide, petroleum resins and FTZ procedures would continue to submitted pursuant to the provisions of exempt IFF from Customs duty thermosetting polymers (HTS 2918.90, the Foreign-Trade Zones Act, as payments on the foreign components 2921.51, 2922.50, 2923.90, 2924.19, amended (19 U.S.C. 81a–81u), and the used in production for export. On its 3402.13, 3824.90, 3905.19, 3908.10, regulations of the Board (15 CFR part domestic sales and exports to NAFTA 3911.90, 3923.10, 3923.30, 3923.50, 400). It was formally filed on November countries, the company can choose the 3923.90, 3926.90, 7010.90, 7010.94, 5, 2003. 7020.00, 7117.19, 7612.10, 7612.90 and lower duty rate that applies to finished The proposed L’Oreal USA subzone products (duty-free to 10%) for the 9616.20, duty rate ranges from 2.4 to has four sites with 2000 employees in 11%). The application also indicates foreign inputs noted above. In New Jersey: accordance with Section 400.32(b)(1) of that the company may import under the Board’s regulations, a member of the Site 1 (Clark Complex, 3 Parcels, 22.5 FTZ procedures other materials used in FTZ Staff has been designated examiner acres total) as follows: the production of cosmetic and beauty to investigate the application. —4.6 acres at 175–195 Terminal products falling under the following Public comment on the application is Avenue, Clark, Union County HTS, as further described in the invited from interested parties. —8.8 acres at 200–222 Terminal application: HTS 0408, 0409, 1108, Submissions (original and three copies) Avenue, Clark, Union County 1301, 1302, 1504, 1505, 1511, 1515, shall be addressed to the Board’s —9 acres at 60, 70 Leonard Street, 1516, 1521, 1525, 1603, 1702.90.90, Executive Secretary at the following Metuchen, Middlesex County 2009, 2106, 2507, 2520, 2525, 2526, addresses: Site 2 (Piscataway Complex, 3 Parcels, 2710, 2712, 2811, 2815, 2817, 2818, 1. Submissions via Express/Package 32.8 acres total) as follows: 2821, 2823, 2827, 2835, 2836, 2901, Delivery Services: Foreign-Trade Zones —16.5 acres at 81 New England 2904, 2906, 2907, 2909, 2914, 2915, Board, U.S. Department of Commerce, Avenue, Piscataway, Middlesex 2916, 2918, 2919, 2922, 2923, 2925, Franklin Court Building-Suite 4100W, County 2930, 2932, 2933, 2934, 2936, 2938, 1099 14th Street, NW., Washington, DC —5.2 acres at 60 New England 3301, 3302, 3304, 3402, 3404, 3501, 20005; or Avenue, Piscataway, Middlesex 3504, 3507, 3806, 3808, 3823, 3824, 2. Submissions via U.S. Postal County 3901, 3902, 3903, 3904, 3905, 3906, Service: Foreign-Trade Zones Board, —11.1 acres at 80 Schoolhouse Road, 3907, 3908, 3910, 3912, 3913, 3923,

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4701, 4819, 4821, 8214, 8424, 9616 DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE (duty rate ranges from duty-free to 7.4%). In addition, the application Foreign-Trade Zones Board Foreign-Trade Zones Board indicates that they may import coloring [Docket No. 61–2003] matter, but that any products imported [Docket No. 46–2003] under Chapter 32 of the HTS would be Foreign-Trade Zone 77—Memphis, TN; admitted in privileged-foreign status. Pepsi-Cola Manufacturing Expansion of Manufacturing International, Ltd.—Subzone 61J; Authority—Subzone 77A, Sharp FTZ procedures would exempt Application for Expansion of Scope of Manufacturing Company of America L’Oreal USA from Customs duty Manufacturing Authority, Extension of (Consumer and Business Electronics) payments on the foreign components Comment Period Shelby County, TN used in export production. Some 5 percent of the plant’s shipments are An application has been submitted to The comment period for the exported. On its domestic sales, L’Oreal the Foreign-Trade Zones Board (the application submitted by the Puerto USA would be able to choose the duty Board) by the City of Memphis, Rico Exports Development Corporation rates during Customs entry procedures Tennessee, grantee of FTZ 77, (68 FR 54888, 9–19–2003), grantee of that apply to cosmetic and beauty requesting to expand the scope of FTZ 61, on behalf of Pepsi-Cola products (duty-free to 5.8%) for the manufacturing authority under zone Manufacturing International, Ltd. procedures within Subzone 77A, at the foreign inputs noted above. The request (PCMIL), operator of FTZ 61J, requesting Sharp Manufacturing Company of indicates that the savings from FTZ an expansion of the scope of America facilities in Shelby County, procedures would help improve the manufacturing authority to include Tennessee. It was formally filed on plant’s international competitiveness. additional finished products and November 6, 2003. In accordance with the Board’s manufacturing capacity under FTZ Subzone 77A was approved by the regulations, a member of the FTZ staff procedures at the PCMIL soft drink and Board in 1984 at 2 sites (107 acres) in has been appointed examiner to juice beverage concentrate the Memphis area (Shelby County), investigate the application and report to manufacturing plant in Cidra, Puerto Tennessee, with authority originally the Board. Rico, has been extended to December granted for the manufacture of television and microwave ovens (Board Public comment is invited from 19, 2003, to allow interested parties Order 265, 49 FR 28589, 07/13/84), and additional time in which to comment on interested parties. Submissions (original later expanded to include personal the proposal. and 3 copies) shall be addressed to the computers, printers, and printed circuit Board’s Executive Secretary at one of Comments in writing are invited boards (Board Order 653, 58 FR 47859, the following addresses: during this period. Submissions 09/13/93). 1. Submissions Via Express/Package (original and three copies) shall be Subzone 77A (600 employees, with Delivery Services: Foreign-Trade-Zones addressed to the Board’s Executive projections to 730 by 2005) is currently Board, U.S. Department of Commerce, Secretary at the following addresses: requesting to expand the scope of Franklin Court Building—Suite 4100W, 1. Submissions via Express/Package authority for manufacturing activity 1099 14th St. NW., Washington, DC Delivery Services: Office of the conducted under FTZ procedures to include the assembly of multifunction 20005; or Executive Secretary, Foreign-Trade office machines and accessories (HTSUS Zones Board, U.S. Department of 2. Submissions Via the U.S. Postal 8471.60, 8471.70, 8471.80, 8472.90 and Commerce, Franklin Court Building- Service: Foreign-Trade-Zones Board, 8473.50, all duty-free) and photovoltaic U.S. Department of Commerce, FCB— Suite 4100W, 1099 14th Street, NW., cells and modules (HTSUS 8541.40, Suite 4100W, 1401 Constitution Ave. Washington, DC 20005; or, duty-free), using foreign and domestic NW., Washington, DC 20230. The 2. Submissions via the U.S. Postal materials. Foreign-sourced components closing period for their receipt is Service: Office of the Executive used in the assembly of multifunction January 20, 2004. Rebuttal comments in Secretary, Foreign-Trade Zones Board, office machines include printer engines, response to material submitted during U.S. Department of Commerce, FCB– controller boards, and printer parts and the foregoing period may be submitted 4100W, 1401 Constitution Avenue, accessories (HTSUS 8472.90.80000, during the subsequent 15-day period (to NW., Washington, DC 20230. 8473.40.1000, 8473.40.8000), and would February 2, 2004). account for some 95 percent of finished Material submitted will be available product value. Foreign-sourced A copy of the application and for inspection at address No. 1 noted components used in the assembly of accompanying exhibits will be available above. for public inspection at the Office of the photovoltaic modules include Dated: November 7, 2003. Foreign-Trade Zones Board’s Executive photovoltaic cells, module frames and interconnectors, terminal boxes, PET Secretary at the first address listed Dennis Puccinelli, sheets, gaskets, tape and resins (HTSUS above, and at the U.S. Department of Executive Secretary. [FR Doc. 03–28807 Filed 11–18–03; 8:45 am] 8541.40.6030, 8541.90.0000, 8536, Commerce Export Assistance Center, 3920.62.0000, 4016.92, 3919, 3909), and 744 Broad Street, Suite 1505, Newark, BILLING CODE 3510–DS–P would account for approximately 20 NJ 07102. percent of finished product value. Dated: November 6, 2003. Photovoltaic module components Dennis Puccinelli, having an inverted tariff would Executive Secretary. comprise some 5 percent of the value of the finished product. [FR Doc. 03–28805 Filed 11–18–03; 8:45 am] Zone procedures would exempt Sharp BILLING CODE 3510–DS–P from Customs duty payments on foreign materials used in production for export.

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On domestic sales, the company would Review, Rescission of Administrative Malee, TPC, and the petitioners.1 On be able to defer Customs duty payments Review in Part, and Final Determination July 28, 2003, SIFCO submitted what it on foreign materials. On domestic to Not Revoke Order in Part: Canned claimed was a case brief, but it was shipments of photovoltaic modules, the Pineapple Fruit from Thailand. rejected by the Department for being company would be able to choose the comprised strictly of new factual duty rate that applies to finished SUMMARY: On June 27, 2003, the information.2 On August 4, 2003, we products (duty-free) instead of the rate Department of Commerce (the received rebuttal briefs from Dole, otherwise applicable to the foreign Department) published the preliminary Malee, and the petitioners. We received components (duty-free to 6.5%). In results of its administrative review of rebuttal comments from Kuiburi on addition, Sharp may realize logistical/ the antidumping duty order on canned August 8, 2003.3 procedural and other benefits from pineapple fruit (CPF) from Thailand. On July 28, 2003, Malee and the subzone status. The application This review covers seven producers/ petitioners requested a public hearing, indicates that the savings from zone exporters of the subject merchandise. and Dole asked to participate if one was procedures would help improve Sharp’s The period of review (POR) is July 1, held. A public hearing 4 was held international competitiveness. In accordance with the Board’s 2001, through June 30, 2002. Based on September 5, 2003, and was attended by regulations, a member of the FTZ staff our analysis of the comments received, Dole, Malee, and the petitioners. these final results differ from the has been designated examiner to Scope of the Order investigate the application and report to preliminary results. The final results are the Board. listed below in the Final Results of The product covered by this order is Public comment is invited from Review section. Consistent with the CPF, defined as pineapple processed interested parties. Submissions (original preliminary results, we are rescinding and/or prepared into various product and 3 copies) shall be addressed to the the review with respect to Prachuab forms, including rings, pieces, chunks, Board’s Executive Secretary at one of Fruit Canning Company (Praft) based on tidbits, and crushed pineapple, that is the following addresses: our determination that this company packed and cooked in metal cans with 1. Submissions Via Express/Package had no shipments of subject either pineapple juice or sugar syrup Delivery Services: Foreign-Trade-Zones merchandise to the United States during added. CPF is currently classifiable Board, U.S. Department of Commerce, the POR. under subheadings 2008.20.0010 and Franklin Court Building—Suite 4100W, EFFECTIVE DATE: November 19, 2003. 2008.20.0090 of the Harmonized Tariff 1099 14th St. NW., Washington, DC Schedule of the United States (HTSUS). 20005; or FOR FURTHER INFORMATION CONTACT: HTSUS 2008.20.0010 covers CPF 2. Submissions Via the U.S. Postal Marin Weaver or Charles Riggle, Office packed in a sugar-based syrup; HTSUS Service: Foreign-Trade-Zones Board, 5, Group II, AD/CVD Enforcement, 2008.20.0090 covers CPF packed U.S. Department of Commerce, FCB— Import Administration, International without added sugar (i.e., juice-packed). Suite 4100W, 1401 Constitution Ave. Trade Administration, U.S. Department Although these HTSUS subheadings are NW., Washington, DC 20230. of Commerce, 14th Street and provided for convenience and for The closing period for their receipt is Constitution Avenue, NW, Washington, customs purposes, the written January 20, 2004. Rebuttal comments in DC 20230; telephone: (202) 482–2336 description of the scope is dispositive. response to material submitted during and (202) 482–0650, respectively. the foregoing period may be submitted Rescission during the subsequent 15-day period (to SUPPLEMENTARY INFORMATION: December 4, 2003). On October 4, 2002, in response to the A copy of the request will be available Background Department’s questionnaire, Praft stated that it made no shipments of subject for public inspection at the Office of the This review covers the following merchandise to the United States during Foreign-Trade Zones Board’s Executive producers/exporters of merchandise the POR. We ran a customs query and Secretary at address Number 1 listed subject to the antidumping duty order found that Praft had no shipments of above and at the U.S. Department of on CPF from Thailand: Vita Food subject merchandise during the POR. Commerce Export Assistance Center, Factory (1989) Co., Ltd. (Vita), Kuiburi We received no comments regarding our Buckman Hall, Suite 328, 650 East Fruit Canning Co., Ltd. (Kuiburi), Malee preliminary decision to rescind the Parkway South, Memphis, TN 38104. Sampran Public Co., Ltd. (Malee), The review with respect to Praft and, Dated: November 6, 2003. Thai Pineapple Public Co., Ltd. (TIPCO), consistent with the preliminary results, Dennis Puccinelli, Thai Pineapple Canning Industry Corp., we are rescinding the review with Ltd. (TPC), Dole Food Company, Inc., Executive Secretary. respect to Praft. [FR Doc. 03–28806 Filed 11–18–03; 8:45 am] Dole Packaged Foods Company, and Dole Thailand, Ltd. (collectively, Dole), BILLING CODE 3510–DS–P 1 The petitioners in the case are Maui Pineapple and Siam Fruit Canning (1988) Co., Ltd. Company and the International Longshoremen’s (SIFCO). and Warehousemen’s Union. DEPARTMENT OF COMMERCE On June 27, 2003, the Department 2 See Letter to Mr. Prayut Visutvatanasak from Gary Taverman, Director, Office 5, Import International Trade Administration published the preliminary results of this Administration (July 30, 2003). review and invited interested parties to 3 Kuiburi was granted permission to submit [A–549–813] comment on those results. See Notice of rebuttal comments on August 8, 2003, due to a Preliminary Results, Partial Rescission delay in its receipt of the petitioners’ case brief. See Canned Pineapple Fruit From Thailand Letter to Mr. Wichian Boonmapajorn from Charles of Antidumping Duty Administrative Riggle, Program Manager, Office 5 (August 18, AGENCY: Import Administration, Review, and Preliminary Determination 2003). International Trade Administration, to Not Revoke Order in Part: Canned 4 The petitioners’ request for an in camera hearing Department of Commerce. Pineapple Fruit From Thailand, 68 FR was rejected because they failed to satisfy the 38291 (Preliminary Results). On July 28, criteria outlined in section 351.310(f) of the ACTION: Notice of Final Results of Department’s regulations. See Letter to the Antidumping Duty Administrative 2003, we received case briefs from Dole, petitioners from Gary Taverman (August 4, 2003).

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Analysis of Comments Received No Revocation in Part Margin Manufacturer/Exporter (percent) All issues raised in the case and On July 31, 2002, Dole requested that rebuttal briefs by parties to this review the Department revoke the antidumping The Thai Pineapple Public are addressed in the ‘‘Issues and duty order in part as regards Dole based Company, Ltd. (TIPCO) .... 0.22 Decision Memorandum for the Final on the absence of dumping pursuant to Kuiburi Fruit Canning Co. Results of the Administrative Review of section 351.222(b)(2) of the Ltd. (Kuiburi) ...... 0.46 Thai Pineapple Canning the Antidumping Duty Order on Canned Department’s regulations. Dole submitted, along with its revocation Industry (TPC) ...... 51.16 Pineapple Fruit from Thailand’’ from Siam Fruit Canning (1988) Holly Kuga, Acting Deputy Assistant request, a certification stating that: (1) Co. Ltd. (SIFCO) ...... 8.39 Secretary for Group II, Import the company did not sell subject Vita Food Factory (1989) Co. Administration, to James J. Jochum, merchandise at less than NV during the Ltd. (Vita) ...... 1.93 Assistant Secretary for Import POR, and that in the future it would not Malee Sampran Public Co., Administration, dated October 27, 2003 sell such merchandise at less than NV Ltd. (Malee) ...... 7.61 (Decision Memorandum), which is (see section 351.222 (e)(1)(i)) of the hereby adopted by this notice. Department’s regulations; (2) the The Department shall determine, and company has sold subject merchandise the U.S. Customs and Border Protection A list of the issues which parties have to the United States in commercial (CBP) shall assess, antidumping duties raised and to which we have responded, quantities during each of the past three on all appropriate entries. In accordance all of which are addressed in the years (see section 351.222(e)(1)(ii)) of with section 351.212(b)(1) of the Decision Memorandum, is attached to the Department’s regulations; and (3) Department’s regulations, we have this notice as an Appendix. Parties can the company agreed to its immediate calculated importer-specific assessment find a complete discussion of all issues reinstatement in the order, as long as rates by dividing the dumping margin raised in this review and the any exporter or producer is subject to found on the subject merchandise corresponding recommendations in this the order, if the Department concludes examined by the entered value of such public memorandum, which is on file in that the company, subsequent to the merchandise with the exception of TPC. the Central Records Unit (CRU), room B- revocation, sold the subject Where the importer-specific assessment 099 of the main Commerce building. merchandise at less than NV. See rate is above de minimis we will In addition, a complete version of the sections 351.222(b)(2)(i)(B) and instruct CBP to assess antidumping Decision Memorandum can be accessed 351.222(e)(1)(iii) of the Department’s duties on that importer’s entries of directly on the Internet at http:// regulations. subject merchandise. In the case of TPC, which, due the application of adverse ia.ita.doc.gov/. The paper copy and Based on a recent redetermination facts available (AFA), we have not electronic version of the Decision pursuant to a court remand and affirmed calculated importer-specific assessment Memorandum are identical in content. in Maui Pineapple Company, Ltd. v. rates. Therefore, we will instruct CBP to United States, Slip Op. 03–120 (Court of Fair Value Comparisons assess antidumping duties on all the International Trade September 15, subject merchandise at the AFA rate. 2003), Court No. 01–03–01017, Dole’s Except for the calculations for Dole, The Department will issue appropriate margin for the fifth POR (July 1, 1999 to TIPCO, and Malee, we calculated export assessment instructions directly to the June 30, 2000) of this proceeding is now price (EP) and normal value (NV) based CBP within 15 days of publication of above de minimis. See Final Results of on the same methodology used in the these final results of review. preliminary results. Changes to the U.S.- Redetermination Pursuant to United Furthermore, the following deposit dollar denominated credit expense for States Court of International Trade requirements will be effective for all TIPCO and Canadian credit expense and Remand Order Maui Pineapple shipments of the subject merchandise quantity weight field used in the margin Company, Ltd. v. United States, Slip Op. entered, or withdrawn from warehouse, calculation for Dole are detailed in their 03–42 (April 17, 2003) Court No. 01–03– for consumption on or after the respective analysis memoranda and/or 01017 filed with the court on June 16, publication date of these final results of the Decision Memorandum. For Malee, 2003. We preliminarily determined that administrative review, as provided by the Department discovered that one sale Dole had failed to demonstrate that it section 751(a) of the Tariff Act of 1930, should be treated as constructed export has not made sales at less than NV over as amended, (the Act): (1) for the price during the POR, rather than as EP. the past three years. No comments were companies named above, the cash The changes made to account for this placed on the record to dispute this and deposit rate will be the rate listed above, are detailed in Malee’s Analysis our remand results have been affirmed. except where the margins are zero or de Memorandum. Therefore, for the final results, we will minimis no cash deposit will be not revoke the order with respect to Cost of Production required; (2) for merchandise exported merchandise produced/exported by by manufacturers or exporters not Except for Dole, TIPCO, and Kuiburi, Dole. covered in this review but covered in a we calculated the cost of production Final Results of Review previous segment of this proceeding, the (COP) for the merchandise based on the cash deposit rate will continue to be the same methodology used in the As a result of our review, we company-specific rate published in the preliminary results. Changes to the determine that the following weighted- most recent final results in which that general and administrative (G&A) average percentage margins exist for the manufacturer or exporter participated; expense ratio for TIPCO, tinplate costs period July 1, 2001, through June 30, (3) if the exporter is not a firm covered for Dole, and pineapple weight volume, 2002: in this review or in any previous G&A and interest expense, and net segment of this proceeding, but the Margin realizable value for Kuiburi are detailed Manufacturer/Exporter (percent) manufacturer is, the cash deposit rate in the these companies’ respective will be that established for the analysis memoranda and the Decision Dole Food Company, Inc. manufacturer of the merchandise in Memorandum. (Dole) ...... 0.49 these final results of review or in the

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most recent segment of the proceeding Comment 13: Net Realizable Value refined brown artificial corundum, also in which that manufacturer (NRV) known as refined brown aluminum participated; and (4) if neither the oxide or brown fused alumina, in grit III. ISSUES SPECIFIC TO MALEE exporter nor the manufacturer is a firm size of 3⁄8 inch or less. Excluded from covered in this review or in any Comment 14: NRV the scope of the investigation is crude previous segment of this proceeding, the IV. ISSUES SPECIFIC TO TIPCO artificial corundum in which particles cash deposit rate will be 24.64 percent, with a diameter greater than 3⁄8 inch the all-others rate established in the Comment 15: Proposed Interest Income constitute at least 50 percent of the total less-than-fair-value investigation. These Offset weight of the entire batch. The scope deposit requirements shall remain in Comment 16: G&A Expenses includes brown artificial corundum in effect until publication of the final Comment 17: Direct Materials Cost which particles with a diameter greater Comment 18: Credit Expenses results of the next administrative than 3⁄8 inch constitute less than 50 review. V. ISSUES SPECIFIC TO TPC percent of the total weight of the batch. This notice also serves as a final The merchandise under investigation is Comment 19: Appropriate Basis for reminder to importers of their currently classifiable under subheading Determining Normal Value responsibility under section 351.402(f) 2818.10.20.00 of the Harmonized Tariff Comment 20: Application of Adverse of the Department’s regulations to file a Schedule of the United States (HTSUS). Facts Available certificate regarding the reimbursement Although the HTSUS subheading is Comment 21: Appropriateness of of antidumping duties prior to provided for convenience and customs Margin Selected for Adverse Facts liquidation of the relevant entries purposes, the written description of the Available during this review period. Failure to Comment 22: Control of TPC by MC merchandise under investigation is comply with this requirement could dispositive. result in the Secretary’s presumption VI. GENERAL ISSUE Antidumping Duty Order that reimbursement of antidumping Comment 23: Assessment Rates duties occurred, and in the subsequent [FR Doc. 03–28802 Filed 11–18–03; 8:45 am] On November 10, 2003, the assessment of double antidumping International Trade Commission (the BILLING CODE 3510–DS–S duties. ITC) notified the Department of This notice also is the only reminder Commerce (the Department) of its final to parties subject to administrative DEPARTMENT OF COMMERCE determination pursuant to section protective order (APO) of their 735(b)(1)(A)(i) of the Tariff Act of 1930, responsibility concerning the return/ International Trade Administration as amended (the Act), that the industry destruction or conversion to judicial in the United States producing refined [A–570–882] protective order of proprietary brown aluminum oxide (RBAO) is information disclosed under APO in Antidumping Duty Order: Refined materially injured by reason of less- accordance with section 351.305(a)(3) of Brown Aluminum Oxide (Otherwise than-fair-value imports of subject the Department’s regulations. Failure to Known as Refined Brown Artificial merchandise from the People’s Republic comply is a violation of the APO. Corundum or Brown Fused Alumina) of China (PRC). In addition, the ITC This determination is issued and From the People’s Republic of China notified the Department of its final published in accordance with sections determination that critical 751(a)(1) and 777(i)(1) of the Act. AGENCY: Import Administration, circumstances do not exist with respect Dated: November 10, 2003. International Trade Administration, to imports of subject merchandise from James J. Jochum, Department of Commerce. the PRC that are subject to the Assistant Secretary for Import ACTION: Notice of antidumping duty Department’s affirmative critical Administration. order. circumstances finding. Therefore, in accordance with section APPENDIX SUMMARY: Pursuant to section 736(a) of 736(a)(1) of the Act, the Department will List of Comments in the Issues and the Tariff Act of 1930, as amended, the direct U.S. Customs and Border Decision Memorandum Department of Commerce is issuing an Protection (CBP) to assess, upon further antidumping duty order on refined I. ISSUES SPECIFIC TO DOLE advice by the Department, antidumping brown aluminum oxide (otherwise duties equal to the amount by which the Comment 1: Comparison Market Known as refined brown artificial normal value of the merchandise Comment 2: Third-Party Verification corundum or brown fused alumina) exceeds the export price of the Comment 3: Use of Facts Available From the People’s Republic of China. merchandise for all relevant entries of Comment 4: Affiliation EFFECTIVE DATE: November 19, 2003. RBAO from the PRC. These Comment 5: General and Administrative FOR FURTHER INFORMATION CONTACT: antidumping duties will be assessed on (G&A) Expense Ratio David J. Goldberger, Jim Mathews or Comment 6: Tinplate all unliquidated entries of RBAO from Comment 7: Credit Expenses Tinna E. Beldin, Import Administration, the PRC entered, or withdrawn from the Comment 8: Quantity Weighting Factors International Trade Administration, warehouse, for consumption on or after Comment 9: Calculation of the U.S. Department of Commerce, 14th May 6, 2003, the date on which the Constructed Export Price (CEP) and Street and Constitution Avenue, NW., Department published the Notice of Commission Offsets Washington, DC 20230; telephone (202) Preliminary Determination of Sales Less 482–4136, (202) 482–2778 or (202) 482– Than Fair Value, Affirmative II. ISSUES SPECIFIC TO KUIBURI 1655, respectively. Preliminary Determination of Critical Comment 10: Volume of Pineapple SUPPLEMENTARY INFORMATION: Circumstances and Postponement of Input for Product Specific Fruit Costs Final Determination: Refined Brown Comment 11: Costs Outside the POR Scope of Order Aluminum Oxide (Otherwise known as Comment 12: G&A and Interest The merchandise covered by this Refined Brown Artificial Corundum or Expenses investigation is ground, pulverized or Brown Fused Alumina) from the

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People’s Republic of China, 68 FR FOR FURTHER INFORMATION CONTACT: Export Markets 23966. Jeffrey C. Anspacher, Director, Office of The Export Markets include all parts With regard to the ITC negative Export Trading Company Affairs, of the world except the United States critical circumstances determination, International Trade Administration, by (the fifty States of the United States, the we will instruct CBP to lift suspension telephone at (202) 482–5131 (this is not District of Columbia, the and to release any bond or other a toll-free number), or by e-mail at Commonwealth of Puerto Rico, the security, and refund any cash deposit [email protected]. Virgin Islands, American Samoa, Guam, made, to secure the payment of the Commonwealth of the Northern antidumping duties with respect to SUPPLEMENTARY INFORMATION: Title III of Mariana Islands, and the Trust Territory entries of the merchandise entered, or the Export Trading Company Act of of the Pacific Islands). withdrawn from warehouse, for 1982 (15 U.S.C. 4001–21) authorizes the consumption on or after February 5, Secretary of Commerce to issue Export Export Trade Activities and Methods of 2003, but before May 6, 2003. February Trade Certificates of Review. The Operation 5, 2003 is 90 days prior to May 6, 2003, regulations implementing title III are found at 15 CFR part 325 (2003). NYVZ may: the date of publication of the 1. Provide and/or arrange for the Department’s preliminary determination The Office of Export Trading provision of Export Trade Facilitation in the Federal Register. Company Affairs (‘‘OETCA’’) is issuing Services; CBP must require, at the same time as this notice pursuant to 15 CFR 325.6(b), 2. Engage in promotional and importers would normally deposit which requires the Department of marketing activities and collect estimated duties on this merchandise, a Commerce to publish a summary of the information on trade opportunities in cash deposit equal to the estimated Certificate in the Federal Register. the Export Markets and distribute such weighted-average antidumping duty Under section 305 (a) of the Act and 15 information to clients; margins as noted below. The ‘‘PRC-wide CFR 325.11 (a), any person aggrieved by 3. Enter into exclusive and/or non- Rate’’ applies to all exporters of RBAO the Secretary’s determination may, exclusive licensing and/or sales not specifically listed below. within 30 days of the date of this notice, agreements with Suppliers for the The weighted-average dumping bring an action in any appropriate export of Products, Services, and/or margins are as follows: district court of the United States to set Technology Rights in Export Markets; aside the determination on the ground Margin 4. Enter into exclusive and/or non- Manufacturer/exporter (percent) that the determination is erroneous. exclusive agreements with distributors Description of Certified Conduct and/or sales representatives in Export Zibo Jinyu Abrasive Co., Ltd. ... 135.18 Markets; PRC-wide ...... 135.18 Export Trade 5. Allocate export sales or divide 1. Products Export Markets among Suppliers for the This notice constitutes the sale and/or licensing of Products, antidumping duty order with respect to All products. Services, and/or Technology Rights; RBAO from the PRC, pursuant to section 6. Allocate export orders among 736(a) of the Act. Interested parties may 2. Services Suppliers; contact the Department’s Central All services. 7. Establish the price of Products, Records Unit, Room B–099 of the Main Services, and/or Technology Rights for Commerce Building, for copies of an 3. Technology Rights sales and/or licensing in Export updated list of antidumping duty orders Markets; currently in effect. Technology Rights, including, but not 8. Negotiate, enter into, and/or This order is published in accordance limited to: patents, trademarks, manage licensing agreements for the with section 736(a) of the Act and 19 copyrights, and trade secrets that relate export of Technology Rights; CFR 351.211. to Products and Services. 9. Enter into contracts for shipping; Dated: November 12, 2003. 4. Export Trade Facilitation Services (as and James J. Jochum, They Relate to the Export of Products, 10. Exchange information on a one- Assistant Secretary for Import Services, and Technology Rights) on-one basis with individual Suppliers Administration. regarding inventories and near-term [FR Doc. 03–28803 Filed 11–18–03; 8:45 am] Export Trade Facilitation Services, production schedules for the purpose of BILLING CODE 3510–DS–P including, but not limited to, determining the availability of Products professional services and assistance for export and coordinating export with relating to government relations; State distributors. DEPARTMENT OF COMMERCE and Federal export programs; foreign trade and business protocol; consulting; Terms and Conditions of Certificate International Trade Administration market research and analysis; collection 1. In engaging in Export Trade of information on trade opportunities; Activities and Methods of Operation, Export Trade Certificate of Review marketing; negotiations; joint ventures; NYVZ will not intentionally disclose, ACTION: Notice of Issuance of an Export shipping and export management; directly or indirectly, to any Supplier Trade Certificate of Review, Application export licensing; advertising; any information about any other No. 03–00004. documentation and services related to Supplier’s costs, production, capacity, compliance with customs requirements; inventories, domestic prices, domestic SUMMARY: The Department of Commerce insurance and financing; trade show sales, or U.S. business plans, strategies, has issued an Export Trade Certificate of exhibitions; organizational or methods that are not already Review to NYVZ Import & Export, Inc. development; management and labor generally available to the trade or (‘‘NYVZ’’). This notice summarizes the strategies; transfer of technology; public. conduct for which certification has been transportation services and the 2. NYVZ will comply with requests granted. formation of shippers’ associations. made by the Secretary of Commerce on

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behalf of the Secretary of Commerce or Review (Second Edition),’’ 50 FR 1786 In the letter published below, the the Attorney General for information or (January 11, 1985). Chairman of CITA directs the documents relevant to conduct under A copy of this certificate will be kept Commissioner, Bureau of Customs and the Certificate. The Secretary of in the International Trade Border Protection to establish limits and Commerce will request such Administration’s Freedom of guaranteed access levels for 2004. information or documents when either Information Records Inspection Facility These specific limits and guaranteed the Attorney General or the Secretary of Room 4102, U.S. Department of access levels do not apply to goods that Commerce believes that the information Commerce, 14th Street and Constitution qualify for quota-free entry under the or documents are required to determine Avenue, NW., Washington, DC 20230. Trade and Development Act of 2000. that the Export Trade, Export Trade Effective Date: November 10, 2003. These limits are subject to adjustment Activities, and Methods of Operation of Dated: November 14, 2003. pursuant to the provisions of the ATC a person protected by this Certificate of Jeffrey C. Anspacher, and administrative arrangements Review continue to comply with the Director, Office of Export Trading Company notified to the Textiles Monitoring standards of section 303(a) of the Act. Affairs. Body. However, as the ATC and all Definition [FR Doc. 03–28988 Filed 11–18–03; 8:45 am] restrictions thereunder will terminate BILLING CODE 3510–DR–P on January 1, 2005, no adjustment for 1. ‘‘Supplier’’ means a person who carryforward (borrowing from next produces, provides, or sells Products, year’s limits for use in the current year) Services and/or Technology Rights. COMMITTEE FOR THE will be available. Protection Provided by the Certificate IMPLEMENTATION OF TEXTILE A description of the textile and AGREEMENTS apparel categories in terms of HTS This Certificate protects NYVZ and its numbers is available in the employees acting on its behalf from Announcement of Import Restraint CORRELATION: Textile and Apparel private treble damage actions and Limits and Guaranteed Access Levels Categories with the Harmonized Tariff government criminal and civil suits for Certain Cotton, Wool and Man- Schedule of the United States (see under U.S. Federal and State antitrust Made Fiber Textile Products Produced Federal Register notice 68 FR 1599, laws for the export conduct specified in or Manufactured in Guatemala published on January 13, 2003). the Certificate and carried out during its Information regarding the availability of effective period in compliance with its November 13, 2003. the 2004 CORRELATION will be terms and conditions. AGENCY: Committee for the published in the Federal Register at a Implementation of Textile Agreements Effective Period of Certificate later date. (CITA). Requirements for participation in the This Certificate continues in effect ACTION: Issuing a directive to the Special Access Program are available in from the effective date indicated below Commissioner, Bureau of Customs and Federal Register notice 63 FR 16474, until it is relinquished, modified, or Border Protection establishing import published on April 3, 1998. revoked as provided in the Act and the limits and guaranteed access levels. Regulations. James C. Leonard III, EFFECTIVE DATE: January 1, 2004. Chairman, Committee for the Implementation Other Conduct of Textile Agreements. FOR FURTHER INFORMATION CONTACT: Nothing in this Certificate prohibits Naomi Freeman, International Trade Committee for the Implementation of Textile NYVZ from engaging in conduct not Specialist, Office of Textiles and Agreements specified in this Certificate, but such Apparel, U.S. Department of Commerce, November 13, 2003. conduct is subject to the normal (202) 482–4212. For information on the Commissioner, application of the antitrust laws. quota status of these limits, refer to the Bureau of Customs and Border Protection, Quota Status Reports posted on the Washington, DC 20229. Disclaimer bulletin boards of each Customs port, Dear Commissioner: Pursuant to section The issuance of this Certificate of call (202) 927–5850, or refer to the 204 of the Agricultural Act of 1956, as Review to NYVZ by the Secretary of Bureau of Customs and Border amended (7 U.S.C. 1854); Executive Order Commerce with the concurrence of the Protection Web site at http:// 11651 of March 3, 1972, as amended; and the www.customs.gov. For information on Uruguay Round Agreement on Textiles and Attorney General under the provisions Clothing (ATC), you are directed to prohibit, of the Act does not constitute, explicitly embargoes and quota re-openings, refer effective on January 1, 2004, entry into the or implicitly, an endorsement or to the Office of Textiles and Apparel United States for consumption and opinion by the Secretary or by the Web site at http://otexa.ita.doc.gov. withdrawal from warehouse for consumption Attorney General concerning either (a) SUPPLEMENTARY INFORMATION: of cotton, wool and man-made fiber textile products in the following categories, the viability or quality of the business Authority: Section 204 of the Agricultural produced or manufactured in Guatemala and plans of NYVZ or (b) the legality of such Act of 1956, as amended (7 U.S.C. 1854); exported during the period beginning on business plans of NYVZ under the laws Executive Order 11651 of March 3, 1972, as January 1, 2004 and extending through of the United States (other than as amended. December 31, 2004, in excess of the following provided in the Act) or under the laws The import restraint limits and levels of restraint: of any foreign country. The application Guaranteed Access Levels (GALS) for of this Certificate to conduct in export textile products, produced or Twelve-month restraint trade where the United States manufactured in Guatemala and Category limit Government is the buyer or where the exported during the period January 1, United States Government bears more 2004 through December 31, 2004 are 340/640 ...... 2,530,610 dozen. than half the cost of the transaction is based on limits notified to the Textiles 347/348 ...... 3,030,113 dozen. subject to the limitations set forth in Monitoring Body pursuant to the 351/651 ...... 533,818 dozen. 443 ...... 79,224 numbers. Section V. (D.) of the ‘‘Guidelines for the Uruguay Round Agreement on Textiles 448 ...... 49,639 dozen. Issuance of Export Trade Certificate of and Clothing (ATC).

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The limits set forth above are subject to COMMITTEE FOR THE availability of the 2004 Correlation will adjustment pursuant to the provisions of the IMPLEMENTATION OF TEXTILE be published in the Federal Register at ATC and administrative arrangements AGREEMENTS a later date. notified to the Textiles Monitoring Body. Products in the above categories exported Announcement of Import Restraint James C. Leonard III, during 2003 shall be charged to the Limits for Certain Cotton, Wool and Chairman, Committee for the Implementation applicable category limits for that year (see Man-Made Fiber Textile Products of Textile Agreements. directive dated November 1, 2002) to the Produced or Manufactured in Hungary Committee for the Implementation of Textile extent of any unfilled balances. In the event Agreements November 13, 2003. the limits established for that period have November 13, 2003. been exhausted by previous entries, such AGENCY: Committee for the Commissioner, products shall be charged to the limits set Implementation of Textile Agreements (CITA). Bureau of Customs and Border Protection, forth in this directive. Washington, DC 20229. Also pursuant to the ATC, and under the ACTION: Issuing a directive to the Dear Commissioner: Pursuant to section terms of the Special Access Program, as set Commissioner, Bureau of Customs and 204 of the Agricultural Act of 1956, as forth in 63 FR 16474 (April 3, 1998), effective Border Protection establishing limits. amended (7 U.S.C. 1854); Executive Order on January 1, 2004, you are directed to 11651 of March 3, 1972, as amended; and the establish guaranteed access levels for EFFECTIVE DATE: January 1, 2004. Uruguay Round Agreement on Textiles and properly certified textile products in the FOR FURTHER INFORMATION CONTACT: Clothing (ATC), you are directed to prohibit, following categories which are assembled in Naomi Freeman, International Trade effective on January 1, 2004, entry into the United States for consumption and Guatemala from fabric formed and cut in the Specialist, Office of Textiles and withdrawal from warehouse for consumption United States and re-exported to the United Apparel, U.S. Department of Commerce, of cotton, wool and man-made fiber textile States from Guatemala during the period (202) 482–4212. For information on the products in the following categories, January 1, 2004 through December 31, 2004: quota status of these limits, refer to the produced or manufactured in Hungary and Quota Status Reports posted on the exported during the twelve-month period Category Guaranteed access bulletin boards of each Customs port, beginning on January 1, 2004 and extending level call (202) 927–5850, or refer to the through December 31, 2004, in excess of the Bureau of Customs and Border following levels of restraint: 340/640 ...... 520,000 dozen. Protection Web site at http:// 347/348 ...... 1,000,000 dozen. www.customs.gov. For information on Category Twelve-month restraint 351/651 ...... 200,000 dozen. limit embargoes and quota re-openings, refer 443 ...... 25,000 numbers. 448 ...... 42,000 dozen. to the Office of Textiles and Apparel 351/651 ...... 491,013 dozen. Web site at http://otexa.ita.doc.gov. 410 ...... 1,041,727 square me- ters. Any shipment for entry under the Special SUPPLEMENTARY INFORMATION: 433 ...... 19,755 dozen. Access Program which is not accompanied Authority: Section 204 of the Agricultural 434 ...... 16,762 dozen. Act of 1956, as amended (7 U.S.C. 1854); by a valid and correct certification in 435 ...... 28,973 dozen. Executive Order 11651 of March 3, 1972, as accordance with the provisions of the 443 ...... 185,578 numbers. amended. certification requirements established in the 444 ...... 59,865 numbers. directive of January 24, 1990 (55 FR 3079), The import restraint limits for textile 448 ...... 25,605 dozen. as amended, shall be denied entry unless the products, produced or manufactured in 604 ...... 2,430,242 kilograms. Government of Guatemala authorizes the Hungary and exported during the period entry and any charges to the appropriate January 1, 2004 through December 31, The limits set forth above are subject to specific limit. Any shipment which is 2004 are based on the limits notified to adjustment pursuant to the provisions of the declared for entry under the Special Access the Textiles Monitoring Body pursuant ATC and administrative arrangements Program but found not to qualify shall be to the Uruguay Round Agreement on notified to the Textiles Monitoring Body. denied entry into the United States. Textiles and Clothing (ATC). Products in the above categories exported during 2003 shall be charged to the These specific limits and guaranteed access In the letter published below, the applicable category limits for that year (see levels do not apply to goods that qualify for Chairman of CITA directs the Commissioner, Bureau of Customs and directive dated November 1, 2002) to the quota-free entry under the Trade and extent of any unfilled balances. In the event Development Act of 2000. Border Protection to establish the limits the limits established for that period have In carrying out the above directions, the for the 2004 period. been exhausted by previous entries, such Commissioner, Bureau of Customs and These limits are subject to adjustment products shall be charged to the limits set Border Protection should construe entry into pursuant to the provisions of the ATC forth in this directive. the United States for consumption to include and administrative arrangements In carrying out the above directions, the entry for consumption into the notified to the Textiles Monitoring Commissioner, Bureau of Customs and Commonwealth of Puerto Rico. Body. However, as the ATC and all Border Protection should construe entry into The Committee for the Implementation of restrictions thereunder will terminate the United States for consumption to include entry for consumption into the Textile Agreements has determined that on January 1, 2005, no adjustment for carryforward (borrowing from next Commonwealth of Puerto Rico. these actions fall within the foreign affairs The Committee for the Implementation of exception of the rulemaking provisions of 5 year’s limits for use in the current year) Textile Agreements has determined that U.S.C. 553(a)(1). will be available. these actions fall within the foreign affairs Sincerely, A description of the textile and exception to the rulemaking provisions of 5 James C. Leonard III, apparel categories in terms of HTS U.S.C. 553(a)(1). Chairman, Committee for the Implementation numbers is available in the Correlation: Sincerely, of Textile Agreements. Textile and Apparel Categories with the James C. Leonard III, [FR Doc. 03–28905 Filed 11–18–03; 8:45 am] Harmonized Tariff Schedule of the Chairman, Committee for the Implementation of Textile Agreements. BILLING CODE 3510–DR–S United States (see Federal Register notice 68 FR 1599, published on January [FR Doc. 03–28906 Filed 11–18–03; 8:45 am] 13, 2003). Information regarding the BILLING CODE 3510–DR–S

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COMMITTEE FOR THE Categories with the Harmonized Tariff Category Twelve-month restraint IMPLEMENTATION OF TEXTILE Schedule of the United States (see limit AGREEMENTS Federal Register notice 68 FR 1599, published on January 13, 2003). Group II Announcement of Import Restraint Information regarding the 2004 200, 201, 220, 224– 172,642,741 square 227, 237, 239pt. 3, meters equivalent. Limits for Certain Cotton, Man-Made CORRELATION will be published in the 4 Fiber, Silk Blend and Other Vegetable 300, 301, 331pt. , Federal Register at a later date. 332, 333, 352, Fiber Textiles and Textile Products 5 James C. Leonard III, 359pt. , 360–362, Produced or Manufactured in India 603, 604, 611– Chairman, Committee for the Implementation 620, 624–629, November 13, 2003. of Textile Agreements. 631pt. 6, 633, 638, AGENCY: Committee for the Committee for the Implementation of Textile 639, 643–646, Implementation of Textile Agreements Agreements 652, 659pt. 7, (CITA). 666pt. 8, 845, 846 November 13, 2003. ACTION: Issuing a directive to the and 852, as a Commissioner, Bureau of Customs and Commissioner, group Bureau of Customs and Border Protection, Border Protection establishing limits. 1 Category 341–Y: only HTS numbers Washington, DC 20229. 6204.22.3060, 6206.30.3010, 6206.30.3030 EFFECTIVE DATE: January 1, 2004. Dear Commissioner: Pursuant to section and 6211.42.0054. 204 of the Agricultural Act of 1956, as 2 Category 369–S: only HTS number FOR FURTHER INFORMATION CONTACT: Ross amended (7 U.S.C. 1854); Executive Order 6307.10.2005. 3 Arnold, International Trade Specialist, 11651 of March 3, 1972, as amended; and the Category 239pt.: only HTS number 6209.20.5040 (diapers). Office of Textiles and Apparel, U.S. Uruguay Round Agreement on Textiles and Department of Commerce, (202) 482– 4 Category 331pt.: all HTS numbers except Clothing (ATC), you are directed to prohibit, 6116.10.1720, 6116.10.4810, 6116.10.5510, 4212. For information on the quota effective on January 1, 2004, entry into the 6116.10.7510, 6116.92.6410, 6116.92.6420, status of these limits, refer to the Quota United States for consumption and 6116.92.6430, 6116.92.6440, 6116.92.7450, Status Reports posted on the bulletin withdrawal from warehouse for consumption 6116.92.7460, 6116.92.7470, 6116.92.8800, 6116.92.9400 and 6116.99.9510. boards of each Customs port, call (202) of cotton, man-made fiber, silk blend and 5 Category 359pt.: all HTS numbers except 927–5850, or refer to the Bureau of other vegetable fiber textiles and textile 6115.19.8010, 6117.10.6010, 6117.20.9010, Customs and Border Protection Web site products in the following categories, 6203.22.1000, 6204.22.1000, 6212.90.0010, at http://www.customs.gov. For produced or manufactured in India and 6214.90.0010, 6406.99.1550, 6505.90.1525, information on embargoes and quota re- exported during the twelve-month period 6505.90.1540, 6505.90.2060 and beginning on January 1, 2004 and extending 6505.90.2545. openings, refer to the Office of Textiles 6 Category 631pt.: all HTS numbers except and Apparel website at http:// through December 31, 2004, in excess of the 6116.10.1730, 6116.10.4820, 6116.10.5520, otexa.ita.doc.gov. following levels of restraint: 6116.10.7520, 6116.93.8800, 6116.93.9400, 6116.99.4800, 6116.99.5400 and SUPPLEMENTARY INFORMATION: Twelve-month restraint 6116.99.9530. Category 7 Authority: Section 204 of the Agricultural limit Category 659pt.: all HTS numbers except Act of 1956, as amended (7 U.S.C. 1854); 6115.11.0010, 6115.12.2000, 6117.10.2030, Levels in Group I 6117.20.9030, 6212.90.0030, 6214.30.0000, Executive Order 11651 of March 3, 1972, as 6214.40.0000, 6406.99.1510 and amended. 218 ...... 27,509,794 square 6406.99.1540. The import restraint limits for textile meters. 8 Category 666pt.: all HTS numbers except products, produced or manufactured in 219 ...... 116,542,206 square 5805.00.4010, 6301.10.0000, 6301.40.0010, India and exported during the period meters. 6301.40.0020, 6301.90.0010, 6302.53.0010, 6302.53.0020, 6302.53.0030, 6302.93.1000, January 1, 2004 through December 31, 313 ...... 73,606,023 square meters. 6302.93.2000, 6303.12.0000, 6303.19.0010, 2004 are based on limits notified to the 6303.92.1000, 6303.92.2010, 6303.92.2020, Textiles Monitoring Body pursuant to 314 ...... 13,874,072 square 6303.99.0010, 6304.11.2000, 6304.19.1500, meters. the Uruguay Round Agreement on 6304.19.2000, 6304.91.0040, 6304.93.0000, 315 ...... 23,302,882 square 6304.99.6020, 6307.90.9884, 9404.90.8522 Textiles and Clothing (ATC). meters. and 9404.90.9522. In the letter published below, the 317 ...... 58,634,081 square The limits set forth above are subject to Chairman of CITA directs the meters. Commissioner, Bureau of Customs and adjustment pursuant to the provisions of the 326 ...... 13,325,930 square ATC and administrative arrangements Border Protection to establish the 2004 meters. notified to the Textiles Monitoring Body. limits. 334/634 ...... 234,590 dozen. Products in the above categories exported Carryforward applied to 2003 is being 335/635 ...... 1,104,045 dozen. during 2003 shall be charged to the deducted from the 2004 limits. 336/636 ...... 1,531,558 dozen. applicable category limits for that year (see These limits are subject to adjustment 338/339 ...... 5,451,865 dozen. directive dated November 1, 2002) to the pursuant to the provisions of the ATC 340/640 ...... 3,030,094 dozen. extent of any unfilled balances. In the event and administrative arrangements 341 ...... 5,851,667 dozen of the limits established for that period have notified to the Textiles Monitoring which not more than been exhausted by previous entries, such 3,510,998 dozen Body. However, as the ATC and all products shall be charged to the limits set shall be in Category forth in this directive. restrictions thereunder will terminate 341–Y 1. on January 1, 2005, no adjustment for In carrying out the above directions, the 342/642 ...... 2,235,695 dozen. Commissioner, Bureau of Customs and carryforward (borrowing from next 345 ...... 367,770 dozen. Border Protection should construe entry into year’s limits for use in the current year) 347/348 ...... 1,120,348 dozen. the United States for consumption to include will be available. 351/651 ...... 447,048 dozen. entry for consumption into the A description of the textile and 363 ...... 81,400,382 numbers. Commonwealth of Puerto Rico. apparel categories in terms of HTS 369–S 2 ...... 1,261,765 kilograms. The Committee for the Implementation of numbers is available in the 641 ...... 2,462,284 dozen. Textile Agreements has determined that CORRELATION: Textile and Apparel 647/648 ...... 1,447,969 dozen. these actions fall within the foreign affairs

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exception of the rulemaking provisions of 5 information on embargoes and quota re- A description of the textile and U.S.C. 553(a)(1). openings, refer to the Office of Textiles apparel categories in terms of HTS Sincerely, and Apparel Web site at http:// numbers is available in the Correlation: James C. Leonard III, otexa.ita.doc.gov. Textile and Apparel Categories with the Chairman, Committee for the Implementation of Textile Agreements. SUPPLEMENTARY INFORMATION: Harmonized Tariff Schedule of the United States (see Federal Register [FR Doc. 03–28907 Filed 11–18–03; 8:45 am] Authority: Section 204 of the Agricultural notice 68 FR 1599, published on January BILLING CODE 3510–DR–S Act of 1956, as amended (7 U.S.C. 1854); 13, 2003). Information regarding the Executive Order 11651 of March 3, 1972, as amended. 2004 Correlation will be published in COMMITTEE FOR THE The import restraint limits for textile the Federal Register at a later date. IMPLEMENTATION OF TEXTILE products, produced or manufactured in James C. Leonard III, AGREEMENTS Indonesia and exported during the Chairman, Committee for the Implementation period January 1, 2004 through of Textile Agreements. Announcement of Import Restraint December 31, 2004 are based on limits Limits for Certain Cotton, Wool, Man- notified to the Textiles Monitoring Body Committee for the Implementation of Textile Made Fiber, Silk Blend and Other pursuant to the Uruguay Round Agreements Vegetable Fiber Textiles and Textile Agreement on Textiles and Clothing November 13, 2003. Products Produced or Manufactured in (ATC), a Memorandum of Commissioner, Indonesia Understanding (MOU) dated November Bureau of Customs and Border Protection, 1, 1996 between the Governments of the Washington, DC 20229. November 13, 2003. United States and Indonesia, and an Dear Commissioner: Pursuant to section AGENCY: Committee for the exchange of notes dated December 10, 204 of the Agricultural Act of 1956, as Implementation of Textile Agreements 1997 and January 9, 1998. amended (7 U.S.C. 1854); Executive Order (CITA). In the letter published below, the 11651 of March 3, 1972, as amended; the Uruguay Round Agreement on Textiles and ACTION: Issuing a directive to the Chairman of CITA directs the Commissioner, Bureau of Customs and Clothing (ATC); a Memorandum of Commissioner, Bureau of Customs and Understanding dated November 1, 1996 Border Protection establishing limits. Border Protection to establish the 2004 between the Governments of the United limits. States and Indonesia, and an exchange of EFFECTIVE DATE: January 1, 2004. Carryforward applied to 2003 is being notes dated December 10, 1997 and January FOR FURTHER INFORMATION CONTACT: Ross deducted from the 2004 limits. 9, 1998, you are directed to prohibit, effective Arnold, International Trade Specialist, These limits are subject to adjustment on January 1, 2004, entry into the United Office of Textiles and Apparel, U.S. pursuant to the provisions of the ATC States for consumption and withdrawal from Department of Commerce, (202) 482– and administrative arrangements warehouse for consumption of cotton, wool, 4212. For information on the quota notified to the Textiles Monitoring man-made fiber, silk blend and other status of these limits, refer to the Quota Body. However, as the ATC and all vegetable fiber textiles and textile products in the following categories, produced or Status Reports posted on the bulletin restrictions thereunder will terminate manufactured in Indonesia and exported boards of each Customs port, call (202) on January 1, 2005, no adjustment for during the twelve-month period beginning on 927–5850, or refer to the Bureau of carryforward (borrowing from next January 1, 2004 and extending through Customs and Border Protection Web site year’s limits for use in the current year) December 31, 2004, in excess of the following at http://www.customs.gov. For will be available. levels of restraint:

Category Twelve-month restraint limit

Levels in Group I 200 ...... 1,477,649 kilograms. 219 ...... 16,414,326 square meters. 225 ...... 11,494,286 square meters. 300/301 ...... 7,024,287 kilograms. 313–O 1 ...... 29,783,618 square meters. 314–O 2 ...... 103,996,948 square meters. 315–O 3 ...... 47,254,277 square meters. 317–O 4/617/326–O 5 ...... 45,640,819 square meters of which not more than 6,743,928 square me- ters shall be in Category 326–O. 331pt./631pt. 6 ...... 1,850,392 dozen pairs. 334/335 ...... 384,072 dozen. 336/636 ...... 1,014,842 dozen. 338/339 ...... 1,962,017 dozen. 340/640 ...... 2,416,276 dozen. 341 ...... 1,453,274 dozen. 342/642 ...... 604,069 dozen. 345 ...... 742,775 dozen. 347/348 ...... 2,657,905 dozen. 351/651 ...... 830,141 dozen. 359–C/659–C 7 ...... 2,426,572 kilograms. 359–S/659–S 8 ...... 2,554,284 kilograms. 360 ...... 2,273,304 numbers. 361 ...... 2,273,304 numbers. 369–S 9 ...... 1,567,932 kilograms. 433 ...... 11,931 dozen. 443 ...... 88,517 numbers. 445/446 ...... 63,028 dozen.

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Category Twelve-month restraint limit

447 ...... 17,705 dozen. 448 ...... 23,165 dozen. 604–A 10 ...... 1,219,495 kilograms. 611–O 11 ...... 7,647,547 square meters. 613/614/615 ...... 43,295,136 square meters. 618–O 12 ...... 10,217,143 square meters. 619/620 ...... 15,836,570 square meters. 625/626/627/628/629–O 13 ...... 48,320,991 square meters. 634/635 ...... 510,856 dozen. 638/639 ...... 2,512,931 dozen. 641 ...... 3,894,526 dozen. 643 ...... 568,329 numbers. 644 ...... 752,666 numbers. 645/646 ...... 1,344,245 dozen. 647/648 ...... 5,569,021 dozen. Group II 201, 218, 220, 224, 226, 227, 237, 239pt. 14, 332, 333, 352, 359– 163,930,335 square meters equivalent. O 15, 362, 363, 369–O 16, 400, 410, 414, 434, 435, 436, 438, 440, 442, 444, 459pt. 17, 469pt. 18, 603, 604–O 19, 624, 633, 652, 659– O 20, 666pt. 21, 845, 846 and 852, as a group Subgroup in Group II 400, 410, 414, 434, 435, 436, 438, 440, 442, 444, 459pt. and 3,319,772 square meters equivalent. 469pt., as a group In Group II subgroup 435 ...... 52,120 dozen. 1 Category 313–O: all HTS numbers except 5208.52.3035, 5208.52.4035 and 5209.51.6032. 2Category 314–O: all HTS numbers except 5209.51.6015. 3 Category 315–O: all HTS numbers except 5208.52.4055. 4 Category 317–O: all HTS numbers except 5208.59.2085. 5 Category 326–O: all HTS numbers except 5208.59.2015, 5209.59.0015 and 5211.59.0015. 6 Category 331pt.: all HTS numbers except 6116.10.1720, 6116.10.4810, 6116.10.5510, 6116.10.7510, 6116.92.6410, 6116.92.6420, 6116.92.6430, 6116.92.6440, 6116.92.7450, 6116.92.7460, 6116.92.7470, 6116.92.8800, 6116.92.9400 and 6116.99.9510; Category 631pt.: all HTS numbers except 6116.10.1730, 6116.10.4820, 6116.10.5520, 6116.10.7520, 6116.93.8800, 6116.93.9400, 6116.99.4800, 6116.99.5400 and 6116.99.9530. 7 Category 359–C: only HTS numbers 6103.42.2025, 6103.49.8034, 6104.62.1020, 6104.69.8010, 6114.20.0048, 6114.20.0052, 6203.42.2010, 6203.42.2090, 6204.62.2010, 6211.32.0010, 6211.32.0025 and 6211.42.0010; Category 659–C: only HTS numbers 6103.23.0055, 6103.43.2020, 6103.43.2025, 6103.49.2000, 6103.49.8038, 6104.63.1020, 6104.63.1030, 6104.69.1000, 6104.69.8014, 6114.30.3044, 6114.30.3054, 6203.43.2010, 6203.43.2090, 6203.49.1010, 6203.49.1090, 6204.63.1510, 6204.69.1010, 6210.10.9010, 6211.33.0010, 6211.33.0017 and 6211.43.0010. 8 Category 359–S: only HTS numbers 6112.39.0010, 6112.49.0010, 6211.11.8010, 6211.11.8020, 6211.12.8010 and 6211.12.8020; Category 659–S: only HTS numbers 6112.31.0010, 6112.31.0020, 6112.41.0010, 6112.41.0020, 6112.41.0030, 6112.41.0040, 6211.11.1010, 6211.11.1020, 6211.12.1010 and 6211.12.1020. 9 Category 369–S: only HTS number 6307.10.2005. 10 Category 604–A: only HTS number 5509.32.0000. 11 Category 611–O: all HTS numbers except 5516.14.0005, 5516.14.0025 and 5516.14.0085. 12 Category 618–O: all HTS numbers except 5408.24.9010 and 5408.24.9040. 13 Category 625/626/627/628; Category 629–O: all HTS numbers except 5408.34.9085 and 5516.24.0085. 14 Category 239pt.: only HTS number 6209.20.5040 (diapers). 15 Category 359–O: all HTS numbers except 6103.42.2025, 6103.49.8034, 6104.62.1020, 6104.69.8010, 6114.20.0048, 6114.20.0052, 6203.42.2010, 6203.42.2090, 6204.62.2010, 6211.32.0010, 6211.32.0025 and 6211.42.0010 (Category 359–C); 6112.39.0010, 6112.49.0010, 6211.11.8010, 6211.11.8020, 6211.12.8010 and 6211.12.8020 (Category 359–S); 6115.19.8010, 6117.10.6010, 6117.20.9010, 6203.22.1000, 6204.22.1000, 6212.90.0010, 6214.90.0010, 6406.99.1550, 6505.90.1525, 6505.90.1540, 6505.90.2060 and 6505.90.2545 (Category 359pt.). 16 Category 369–O: all HTS numbers except 6307.10.2005 (Category 369–S); 4202.12.4000, 4202.12.8020, 4202.12.8060, 4202.22.4020, 4202.22.4500, 4202.22.8030, 4202.32.4000, 4202.32.9530, 4202.92.0505, 4202.92.1500, 4202.92.3016, 4202.92.6091, 5601.10.1000, 5601.21.0090, 5701.90.1020, 5701.90.2020, 5702.10.9020, 5702.39.2010, 5702.49.1020, 5702.49.1080, 5702.59.1000, 5702.99.1010, 5702.99.1090, 5705.00.2020, 5805.00.3000, 5807.10.0510, 5807.90.0510, 6301.30.0010, 6301.30.0020, 6302,51.1000, 6302.51.2000, 6302.51.3000, 6302.51.4000, 6302.60.0010, 6302.60.0030, 6302.91.0005, 6302.91.0025, 6302.91.0045, 6302.91.0050, 6302.91.0060, 6303.11.0000, 6303.91.0010, 6303.91.0020, 6304.91.0020, 6304.92.0000, 6305.20.0000, 6306.11.0000, 6307.10.1020, 6307.10.1090, 6307.90.3010, 6307.90.4010, 6307.90.5010, 6307.90.8910, 6307.90.8945, 6307.90.9882, 6406.10.7700, 9404.90.1000, 9404.90.8040 and 9404.90.9505 (Category 369pt.). 17 Category 459pt.: all HTS numbers except 6115.19.8020, 6117.10.1000, 6117.10.2010, 6117.20.9020, 6212.90.0020, 6214.20.0000, 6405.20.6030, 6405.20.6060, 6405.20.6090, 6406.99.1505 and 6406.99.1560. 18 Category 469pt.: all HTS numbers except 5601.29.0020, 5603.94.1010, 6304.19.3040, 6304.91.0050, 6304.99.1500, 6304.99.6010, 6308.00.0010 and 6406.10.9020. 19 Category 604–O: all HTS numbers except 5509.32.0000 (Category 604–A). 20 Category 659–O: all HTS numbers except 6103.23.0055, 6103.43.2020, 6103.43.2025, 6103.49.2000, 6103.49.8038, 6104.63.1020, 6104.63.1030, 6104.69.1000, 6104.69.8014, 6114.30.3044, 6114.30.3054, 6203.43.2010, 6203.43.2090, 6203.49.1010, 6203.49.1090, 6204.63.1510, 6204.69.1010, 6210.10.9010, 6211.33.0010, 6211.33.0017, 6211.43.0010 (Category 659–C); 6112.31.0010, 6112.31.0020, 6112.41.0010, 6112.41.0020, 6112.41.0030, 6112.41.0040, 6211.11.1010, 6211.11.1020, 6211.12.1010, 6211.12.1020 (Category 659–S); 6115.11.0010, 6115.12.2000, 6117.10.2030, 6117.20.9030, 6212.90.0030, 6214.30.0000, 6214.40.0000. 6406.99.1510 and 6406.99.1540 (Cat- egory 659pt.). 21 Category 666pt.: all HTS numbers except 5805.00.4010, 6301.10.0000, 6301.40.0010, 6301.40.0020, 6301.90.0010, 6302.53.0010, 6302.53.0020, 6302.53.0030, 6302.93.1000, 6302.93.2000, 6303.12.0000, 6303.19.0010, 6303.92.1000, 6303.92.2010, 6303.92.2020, 6303.99.0010, 6304.11.2000, 6304.19.1500, 6304.19.2000, 6304.91.0040, 6304.93.0000, 6304.99.6020, 6307.90.9884, 9404.90.8522 and 9404.90.9522.

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The limits set forth above are subject to commercial quantities in a timely commercial quantities in a timely adjustment pursuant to the provisions of the manner. Comments must be submitted manner. Also relevant is whether other ATC and administrative arrangements by December 4, 2003 to the Chairman, fabrics that are supplied by the domestic notified to the Textiles Monitoring Body. Committee for the Implementation of industry in commercial quantities in a Products in the above categories exported during 2003 shall be charged to the Textile Agreements, Room 3001, United timely manner are substitutable for the applicable category limits for that year (see States Department of Commerce, 14th fabric for purposes of the intended use. directive dated October 8, 2002) to the extent and Constitution, NW., Washington, DC Comments must be received no later of any unfilled balances. In the event the 20230. than December 4, 2003. Interested limits established for that period have been FOR FURTHER INFORMATION CONTACT: persons are invited to submit six copies exhausted by previous entries, such products Janet E. Heinzen, International Trade of such comments or information to the shall be charged to the limits set forth in this Specialist, Office of Textiles and Chairman, Committee for the directive. Implementation of Textile Agreements, In carrying out the above directions, the Apparel, U.S. Department of Commerce, Commissioner, Bureau of Customs and (202) 482-3400. room 3100, U.S. Department of Border Protection should construe entry into SUPPLEMENTARY INFORMATION: Commerce, 14th and Constitution the United States for consumption to include Avenue, NW., Washington, DC 20230. entry for consumption into the Authority: Section 213(b)(2)(A)(v)(II) of the CBERA, as added by Section 211(a) of the If a comment alleges that this fabric Commonwealth of Puerto Rico. can be supplied by the domestic The Committee for the Implementation of CBTPA; Section 6 of Executive Order No. Textile Agreements has determined that 13191 of January 17, 2001. industry in commercial quantities in a timely manner, CITA will closely these actions fall within the foreign affairs Background exception of the rulemaking provisions of 5 review any supporting documentation, U.S.C. 553(a)(1). The CBTPA provides for quota- and such as a signed statement by a Sincerely, duty-free treatment for qualifying textile manufacturer of the fabric stating that it James C. Leonard III, and apparel products. Such treatment is produces the fabric that is the subject of Chairman, Committee for the Implementation generally limited to products the request, including the quantities that of Textile Agreements. manufactured from yarns or fabrics can be supplied and the time necessary [FR Doc. 03–28908 Filed 11–18–03; 8:45 am] formed in the United States. The CBTPA to fill an order, as well as any relevant BILLING CODE 3510–DR–S also provides for quota- and duty-free information regarding past production. treatment for apparel articles that are CITA will protect any business both cut (or knit-to-shape) and sewn or COMMITTEE FOR THE confidential information that is marked otherwise assembled in one or more business confidential from disclosure to IMPLEMENTATION OF TEXTILE CBTPA beneficiary countries from fabric AGREEMENTS the full extent permitted by law. CITA or yarn that is not formed in the United will make available to the public non- States, if it has been determined that Request for Public Comments on confidential versions of the request and such fabric or yarn cannot be supplied Commercial Availability Petition Under non-confidential versions of any public by the domestic industry in commercial the United States - Caribbean Basin comments received with respect to a quantities in a timely manner. In Trade Partnership Act (CBTPA) request in room 3100 in the Herbert Executive Order No. 13191, the Hoover Building, 14th and Constitution November 14, 2003. President delegated to CITA the Avenue, NW., Washington, DC 20230. AGENCY: The Committee for the authority to determine whether yarns or Persons submitting comments on a Implementation of Textile Agreements fabrics cannot be supplied by the request are encouraged to include a non- ACTION: Request for public comments domestic industry in commercial confidential version and a non- concerning a petition for a quantities in a timely manner under the confidential summary. determination that certain printed, 100 CBTPA and directed CITA to establish percent rayon, herringbone fabric procedures to ensure appropriate public James C. Leonard III, cannot be supplied by the domestic participation in any such determination. Chairman, Committee for the Implementation industry in commercial quantities in a On March 6, 2001, CITA published of Textile Agreements. timely manner under the CBTPA. procedures that it will follow in [FR Doc.03–29015 Filed 11–17–03; 1:10 pm] considering requests. (66 FR 13502). BILLING CODE 3510–DR–S SUMMARY: On November 13, 2003, the On November 13, 2003, the Chairman Chairman of CITA received a petition on of CITA received a petition from behalf of Alarmex Holdings Group, Inc. Sandler, Travis, & Rosenberg, P.A., on alleging that printed, 100 percent rayon, behalf of Alarmex Holdings Group, Inc., COMMODITY FUTURES TRADING herringbone fabric, classified in alleging that printed, 100 percent rayon, COMMISSION subheading 5516.14.00 of the herringbone fabric, classified in HTSUS Harmonized Tariff Schedule of the subheading 5516.14.00 of 220 g/m2 Sunshine Act; Notice of Meeting United States (HTSUS) of 220 g/m2 fabric weight, of 20’s singles spun rayon fabric weight, of 20’s singles spun rayon yarn, of 100 x 64 construction, cannot AGENCY HOLDING THE MEETING: yarn, of 100 x 64 construction, cannot be supplied by the domestic industry in Commodity Futures Trading be supplied by the domestic industry in commercial quantities in a timely Commission. commercial quantities in a timely manner and requesting quota- and duty- TIME AND DATE: 11 a.m., Friday, manner. It requests that apparel articles free treatment under the CBTPA for December 5, 2003. of such fabrics assembled in one or apparel articles that are cut and sewn in more CBTPA beneficiary countries be one or more CBTPA beneficiary PLACE: 1155 21st St., NW., Washington, eligible for preferential treatment under countries from such fabrics. DC, Room 1012. the CBTPA. CITA hereby solicits public CITA is soliciting public comments STATUS: Closed. comments on this petition, in particular regarding this request, particularly with with regard to whether this fabric can be respect to whether this fabric can be MATTERS TO BE CONSIDERED: supplied by the domestic industry in supplied by the domestic industry in Surveillance Matters.

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FOR FURTHER INFORMATION CONTACT: Jean negotiated rate service agreement and DEPARTMENT OF ENERGY A. Webb, 202–418–5100. amendments to eight existing negotiated Federal Energy Regulatory Jean A. Webb, rate service agreements between ANR and Wisconsin Gas Company, and Commission Secretary of the Commission. amendments to two existing negotiated [FR Doc. 03–29039 Filed 11–17–03; 1:59 pm] rate service agreements between ANR [Docket No. RP00–305–011] BILLING CODE 6351–01–M and Wisconsin Electric Power Company. ANR also included in its CenterPoint Energy—Mississippi River COMMODITY FUTURES TRADING filing an Amended and Restated Transmission Corporation; Notice of COMMISSION Delivery Pressure Agreement, which Negotiated Rate Filing relates to the tendered service November 7, 2003. Sunshine Act Meetings agreements. ANR requests that the Commission Take notice that on October 31, 2003, AGENCY: Commodity Futures Trading CenterPoint Energy—Mississippi River Commission. accept and approve the subject negotiated rate agreement and Transmission Corporation (MRT) TIME AND DATE: 11 a.m., Friday, amendments to be effective November 1, tendered for filing and approval a December 12, 2003. 2003. negotiated rate agreement between PLACE: 1155 21st St., NW., Washington, CEGT and Laclede Energy Resources, DC, Room 1012. Any person desiring to be heard or to Inc. MRT requests that the Commission protest said filing should file a motion STATUS: Closed. accept and approve the transaction to be to intervene or a protest with the effective November 1, 2003. MATTERS TO BE CONSIDERED: Surveillance Federal Energy Regulatory Commission, Matters. 888 First Street, NE., Washington, DC Any person desiring to be heard or to FOR FURTHER INFORMATION CONTACT: Jean 20426, in accordance with Sections protest said filing should file a motion A. Webb, 202–418–5100. 385.214 or 385.211 of the Commission’s to intervene or a protest with the Rules and Regulations. All such motions Federal Energy Regulatory Commission, Jean A. Webb, 888 First Street, NE., Washington, DC Secretary of the Commission or protests must be filed in accordance with Section 154.210 of the 20426, in accordance with sections [FR Doc. 03–29040 Filed 11–17–03; 1:59 pm] 385.214 or 385.211 of the Commission’s BILLING CODE 6351–01–M Commission’s Regulations. Protests will be considered by the Commission in Rules and Regulations. All such motions determining the appropriate action to be or protests must be filed in accordance with section 154.210 of the COMMODITY FUTURE TRADING taken, but will not serve to make Commission’s Regulations. Protests will COMMISSION protestants parties to the proceedings. Any person wishing to become a party be considered by the Commission in Sunshine Act Meetings must file a motion to intervene. This determining the appropriate action to be filing is available for review at the taken, but will not serve to make AGENCY: Commodity Futures Trading Commission in the Public Reference protestants parties to the proceedings. Commission. Room or may be viewed on the Any person wishing to become a party TIME AND DATE: 11 a.m., Friday, Commission’s Web site athttp:// must file a motion to intervene. This December 19, 2003. www.ferc.gov using the ‘‘eLibrary’’ link. filing is available for review at the PLACE: 1155 21st St., NW., Washington, Enter the docket number excluding the Commission in the Public Reference DC, Room 1012. last three digits in the docket number Room or may be viewed on the STATUS: Closed. field to access the document. For Commission’s Web site at http:// www.ferc.gov using the ‘‘eLibrary’’ MATTERS TO BE CONSIDERED: Surveillance assistance, please contact FERC Online Matters. Support at (FERRIS). Enter the docket number excluding the last three digits in the FOR FURTHER INFORMATION CONTACT: Jean [email protected] or toll- docket number field to access the A. Webb, 202–418–5100. free at (866) 208–3676, or TTY, contact (202) 502–8659. The Commission document. For assistance, please contact Jean A. Webb, strongly encourages electronic filings. FERC Online Support at Secretary of the Commission. See, 18 CFR 385.2001(a)(1)(iii) and the [email protected] or toll- [FR Doc. 03–29041 Filed 11–17–03; 1:59 pm] instructions on the Commission’s Web free at (866) 208–3676, or TTY, contact BILLING CODE 6351–01–M site under the ‘‘e-Filing’’ link. (202) 502–8659. The Commission strongly encourages electronic filings. Magalie R. Salas, See, 18 CFR 385.2001(a)(1)(iii) and the DEPARTMENT OF ENERGY Secretary. instructions on the Commission’s web [FR Doc. E3–00296 Filed 11–18–03; 8:45 am] site under the ‘‘eFiling’’ link. Federal Energy Regulatory BILLING CODE 6717–01–P Commission Magalie R. Salas, Secretary. [Docket No. RP99–301–091] [FR Doc. E3–00310 Filed 11–18–03; 8:45 am] ANR Pipeline Company; Notice of BILLING CODE 6717–01–P Negotiated Rate Filing

November 7, 2003. Take notice that on October 31, 2003, ANR Pipeline Company (ANR) tendered for filing and approval one new

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DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY

Federal Energy Regulatory Federal Energy Regulatory Federal Energy Regulatory Commission Commission Commission

[Docket No. CP03–7–001] [Docket No. RP96–383–053] [Docket No. RP03–420–002]

Colorado Interstate Gas Company; Dominion Transmission, Inc.; Notice of Iroquois Gas Transmission System, Notice of Compliance Filing Negotiated Rate Filing L.P.; Notice of Proposed Changes in FERC Gas Tariff November 7, 2003. November 7, 2003. Take notice that on October 31, 2003, November 7, 2003. Take notice that on October 30, 2003, Dominion Transmission Inc. (DTI) Take notice that on October 31, 2003, Colorado Interstate Gas Company (CIG) submitted the following revised tariff Iroquois Gas Transmission System, L.P. tendered for filing and acceptance by sheet, for inclusion in its FERC Gas (Iroquois) tendered for filing the the Federal Energy Regulatory Tariff, Third Revised Volume No. 1, following tariff sheet proposed to Commission (Commission) the disclosing a recently negotiated rate become effective December 1, 2003: following tariff sheets to its FERC Gas transaction. DTI requests an effective Thirteenth Revised Sheet No. 120 Tariff, First Revised Volume No. 1, to date of November 1, 2003, for its become effective November 30, 2003. proposed tariff sheet. Iroquois states that this sheet is submitted in compliance with the Tenth Revised Sheet No. 230A Fourth Revised Sheet No. 1406 Commission’s Orders issued in Docket Seventh Revised Sheet No. 230B DTI states that copies of the filing No. RP03–420–000 on June 27, 2003 and First Revised Sheet No. 230C have been sent to DTI’s customers and August 29, 2003. The tariff sheet CIG states that these tariff sheets are interested stated commissions. DTI also included herewith reflects the change filed to establish a recovery states that copies of its filing are required by the Commission. methodology for electricity commodity available for public inspection during Iroquois states that copies of its filing expenses related to new electric air regular business hours in a convenient were served on all jurisdictional compression facilities on the CIG system form and place, at DTI’s offices at 120 customers and interested state in compliance with the Commission’s Tredegar St, Richmond, VA 23219. regulatory agencies and all parties to the Any person desiring to be heard or to proceeding. February 28, 2003 Order in this protest said filing should file a motion Any person desiring to be heard or to proceeding. to intervene or a protest with the protest said filing should file a motion Any person desiring to protest said Federal Energy Regulatory Commission, to intervene or a protest with the filing should file a protest with the 888 First Street, NE., Washington, DC Federal Energy Regulatory Commission, Federal Energy Regulatory Commission, 20426, in accordance with sections 888 First Street, NE., Washington, DC 888 First Street, NE., Washington, DC 385.214 or 385.211 of the Commission’s 20426, in accordance with § 385.214 or 20426, in accordance with Section Rules and Regulations. All such motions 385.211 of the Commission’s Rules and 385.211 of the Commission’s Rules and or protests must be filed in accordance Regulations. All such motions or Regulations. All such protests must be with section 154.210 of the protests must be filed in accordance filed in accordance with section 154.210 Commission’s Regulations. Protests will with § 154.210 of the Commission’s of the Commission’s Regulations. be considered by the Commission in Regulations. Protests will be considered Protests will be considered by the determining the appropriate action to be by the Commission in determining the Commission in determining the taken, but will not serve to make appropriate action to be taken, but will appropriate action to be taken, but will protestants parties to the proceedings. not serve to make protestants parties to not serve to make protestants parties to Any person wishing to become a party the proceedings. Any person wishing to the proceedings. This filing is available must file a motion to intervene. This become a party must file a motion to for review at the Commission in the filing is available for review at the intervene. This filing is available for Public Reference Room or may be Commission in the Public Reference review at the Commission in the Public viewed on the Commission’s Web site at Room or may be viewed on the Reference Room or may be viewed on http://www.ferc.gov using the eLibrary Commission’s Web site at http:// the Commission’s Web site at http:// (FERRIS) link. Enter the docket number www.ferc.gov using the ‘‘eLibrary’’ www.ferc.gov using the ‘‘eLibrary’’ (FERRIS). Enter the docket number (FERRIS). Enter the docket number excluding the last three digits in the excluding the last three digits in the excluding the last three digits in the docket number field to access the docket number field to access the docket number field to access the document. For assistance, please contact document. For assistance, please contact document. For assistance, please contact FERC Online Support at FERC Online Support at FERC Online Support at [email protected] or toll- [email protected] or toll- [email protected] or toll- free at (866) 208–3676, or TTY, contact free at (866) 208–3676, or TTY, contact free at (866) 208–3676, or TTY, contact (202) 502–8659. The Commission (202) 502–8659. The Commission (202) 502–8659. The Commission strongly encourages electronic filings. strongly encourages electronic filings. strongly encourages electronic filings. See, 18 CFR 385.2001(a)(1)(iii) and the See, 18 CFR 385.2001(a)(1)(iii) and the See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s web instructions on the Commission’s web instructions on the Commission’s Web site under the eFiling link. site under the ‘‘eFiling’’ link. site under the ‘‘eFiling’’ link. Magalie R. Salas, Magalie R. Salas, Magalie R. Salas, Secretary. Secretary. Secretary. [FR Doc. E3–00298 Filed 11–18–03; 8:45 am] [FR Doc. E3–00320 Filed 11–18–03; 8:45 am] [FR Doc. E3–00314 Filed 11–18–03; 8:45 am] BILLING CODE 6717–01–P BILLING CODE 6717–01–P BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY www.ferc.gov using the ‘‘eLibrary’’ (202) 502–8659. The Commission (FERRIS). Enter the docket number strongly encourages electronic filings. Federal Energy Regulatory excluding the last three digits in the See, 18 CFR 385.2001(a)(1)(iii) and the Commission docket number field to access the instructions on the Commission’s Web [Docket Nos. RP00–398–004 and RP01–34– document. For assistance, please contact site under the eFiling link. 006] FERC Online Support at [email protected] or toll- Magalie R. Salas, Overthrust Pipeline Company; Notice free at (866) 208–3676, or TTY, contact Secretary. of Tariff Filing (202) 502–8659. The Commission [FR Doc. E3–00297 Filed 11–18–03; 8:45 am] strongly encourages electronic filings. BILLING CODE 6717–01–P November 7, 2003. See, 18 CFR 385.2001(a)(1)(iii) and the Take notice that on October 31, 2003, instructions on the Commission’s Web pursuant to 18 CFR 154.7 and 154.203, site under the ‘‘eFiling’’ link. DEPARTMENT OF ENERGY and in compliance with the Commission’s Order on Rehearing and Magalie R. Salas, Federal Energy Regulatory Compliance Filing issued March 4, 2003 Secretary. Commission (March 4 Order), in Docket Nos. RP00– [FR Doc. E3–00312 Filed 11–18–03; 8:45 am] [Docket Nos. RP00–397–007 and RP–33– 398–001, 002, 003 and RP01–34–004, BILLING CODE 6717–01–P 007] Overthrust Pipeline Company (Overthrust) tenders for filing, to be Questar Pipeline Company; Notice of effective December 1, 2003, proposed DEPARTMENT OF ENERGY Tariff Filing tariff sheets to First Revised Volume No. Federal Energy Regulatory November 7, 2003. 1–A of its FERC Gas Tariff that are listed Commission Take notice that on October 31, 2003, as follows: [Docket No. CP03–31–001] Pursuant to 18 CFR 154.7, and the First Revised Volume No. 1–A Commission’s Order issued August 27, First Revised Sheet No. 78J Paiute Pipeline Company; Notice of 2002, in Docket Nos. RP00–397, et al. First Revised Sheet No. 78K Compliance Filing (August 27 Order), Questar Pipeline Overthrust states that in the March 4 Company (Questar) tendered for filing Order, the Commission granted November 7, 2003. and acceptance, the following tariff Overthrust an extension of time until Take notice that on October 31, 2003, sheets to First Revised Volume No. 1 of December 1, 2003, to implement Paiute Pipeline Company (Paiute) its FERC Gas Tariff to be effective segmentation on a self-implementing tendered for filing as part of its FERC December 1, 2003. Gas Tariff, Second Revised Volume No. basis through the nomination process First Revised Volume No. 1 and to allow segmenting shippers access 1–A, the following tariff sheets, to Fourth Revised Sheet No. 41 to receipt and delivery points outside become effective November 1, 2003: Ninth Revised Sheet No. 45 the flow path described by the service Eleventh Revised Sheet No. 10 Eleventh Revised Sheet No. 46 agreement’s receipt and delivery points. Fifth Revised Sheet No. 21 Ninth Revised sheet No. 71 The Commission’s March 4 Order Third Revised Sheet No. 22 Fifth Revised Sheet No. 71A directed Overthrust to file revised tariff Eleventh Revised Sheet No. 161 Third Revised sheet No. 75D sheets 30 days prior to December 1, Paiute states that the purpose of this Fourth Revised Sheet No. 99J 2003, to implement those changes. This filing is to comply with the In this filing Questar states that it filing is tendered to comply with the Commission’s Order issued July 14, filed tariff sheets to implement its Phase Commission’s March 4 Order. 2003, in Docket No. CP03–31–000. II segmentation proposal to be effective Overthrust states that a copy of this Any person desiring to protest said December 1, 2003, as directed by the filing has been served upon its filing should file a protest with the August 27 Order in Docket Nos. RP00– customers and the Public Service Federal Energy Regulatory Commission, 397, et al. Commission of Utah and the Public 888 First Street, NE., Washington, DC Questar states that a copy of this filing Service Commission of Wyoming. 20426, in accordance with Section has been served upon its customers, the Any person desiring to be heard or to 385.211 of the Commission’s Rules and Public Service Commission of Utah and protest said filing should file a motion Regulations. All such protests must be the Public Service Commission of to intervene or a protest with the filed in accordance with Section Wyoming. Federal Energy Regulatory Commission, 154.210 of the Commission’s Any person desiring to be heard or to 888 First Street, NE., Washington, DC Regulations. Protests will be considered protest said filing should file a motion 20426, in accordance with § 385.214 or by the Commission in determining the to intervene or a protest with the 385.211 of the Commission’s Rules and appropriate action to be taken, but will Federal Energy Regulatory Commission, Regulations. All such motions or not serve to make protestants parties to 888 First Street, NE., Washington, DC protests must be filed in accordance the proceedings. This filing is available 20426, in accordance with sections with § 154.210 of the Commission’s for review at the Commission in the 385.214 or 385.211 of the Commission’s Regulations. Protests will be considered Public Reference Room or may be Rules and Regulations. All such motions by the Commission in determining the viewed on the Commission’s Web site at or protests must be filed in accordance appropriate action to be taken, but will http://www.ferc.gov using the eLibrary with section 154.210 of the not serve to make protestants parties to (FERRIS) link. Enter the docket number Commission’s Regulations. Protests will the proceedings. Any person wishing to excluding the last three digits in the be considered by the Commission in become a party must file a motion to docket number field to access the determining the appropriate action to be intervene. This filing is available for document. For assistance, please contact taken, but will not serve to make review at the Commission in the Public FERC Online Support at protestants parties to the proceedings. Reference Room or may be viewed on [email protected] or toll- Any person wishing to become a party the Commission’s Web site at http:// free at (866) 208–3676, or TTY, contact must file a motion to intervene. This

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filing is available for review at the excluding the last three digits in the (202) 502–8659. The Commission Commission in the Public Reference docket number field to access the strongly encourages electronic filings. Room or may be viewed on the document. For assistance, please contact See, 18 CFR 385.2001(a)(1)(iii) and the Commission’s Web site at http:// FERC Online Support at instructions on the Commission’s web www.ferc.gov using the ‘‘eLibrary’’ [email protected] or toll- site under the ‘‘eFiling’’ link. (FERRIS). Enter the docket number free at (866) 208–3676, or TTY, contact excluding the last three digits in the (202) 502–8659. The Commission Magalie R. Salas, docket number field to access the strongly encourages electronic filings. Secretary. document. For assistance, please contact See, 18 CFR 385.2001(a)(1)(iii) and the [FR Doc. E3–00318 Filed 11–18–03; 8:45 am] FERC Online Support at instructions on the Commission’s Web BILLING CODE 6717–01–P [email protected] or toll- site under the ‘‘eFiling’’ link. free at (866) 208–3676, or TTY, contact Magalie R. Salas, (202) 502–8659. The Commission DEPARTMENT OF ENERGY strongly encourages electronic filings. Secretary. See, 18 CFR 385.2001(a)(1)(iii) and the [FR Doc. E3–00317 Filed 11–18–03; 8:45 am] Federal Energy Regulatory instructions on the Commission’s Web BILLING CODE 6717–01–P Commission site under the ‘‘eFiling’’ link. Magalie R. Salas, DEPARTMENT OF ENERGY [Docket No. RP96–312–130] Secretary. Tennessee Gas Pipeline Company; [FR Doc. E3–00311 Filed 11–18–03; 8:45 am] Federal Energy Regulatory Commission Notice of Negotiated Rate Tariff Filing BILLING CODE 6717–01–P [Docket No. RP96–312–129] November 7, 2003. Take notice that on October 31, 2003, DEPARTMENT OF ENERGY Tennessee Gas Pipeline Company; Tennessee Gas Pipeline Company Notice of Negotiated Rate Tariff Filing Federal Energy Regulatory (Tennessee), Nine Greenway Plaza, Commission November 7, 2003. Houston, Texas 77046, tendered for Take notice that on October 31, 2003, filing its Negotiated Rate Tariff Filing. [Docket No. RP96–312–128] Tennessee Gas Pipeline Company Tennessee’s filing requests the Tennessee Gas Pipeline Company; (Tennessee), Nine Greenway Plaza, Commission to approve a negotiated Notice of Negotiated Rate Tariff Filing Houston, Texas 77046, tendered for rate arrangement between Tennessee filing its Negotiated Rate Tariff Filing. and NJR Energy Services Company. November 7, 2003. Tennessee’s filing requests the Tennessee requests that the Commission Take notice that on October 30, 2003, Commission to approve a negotiated grant such approval effective November Tennessee Gas Pipeline Company rate arrangement between Tennessee 1, 2003. (Tennessee), Nine Greenway Plaza, and Tennessee Valley Authority. Houston, Texas 77046, tendered for Tennessee requests that the Commission Any person desiring to be heard or to filing its Negotiated Rate Tariff Filing. grant such approval effective November protest said filing should file a motion Tennessee’s filing requests the 1, 2003. to intervene or a protest with the Commission to approve a negotiated Any person desiring to be heard or to Federal Energy Regulatory Commission, rate arrangement between Tennessee protest said filing should file a motion 888 First Street, NE., Washington, DC and Louis Dreyfus Energy Services, L.P. to intervene or a protest with the 20426, in accordance with Sections Tennessee requests that the Commission Federal Energy Regulatory Commission, 385.214 or 385.211 of the Commission’s grant such approval effective November 888 First Street, NE., Washington, DC Rules and Regulations. All such motions 1, 2003. 20426, in accordance with Sections or protests must be filed in accordance Any person desiring to be heard or to 385.214 or 385.211 of the Commission’s with section 154.210 of the protest said filing should file a motion Rules and Regulations. All such motions Commission’s Regulations. Protests will to intervene or a protest with the or protests must be filed in accordance be considered by the Commission in Federal Energy Regulatory Commission, with Section 154.210 of the determining the appropriate action to be 888 First Street, NE., Washington, DC Commission’s Regulations. Protests will taken, but will not serve to make 20426, in accordance with Sections be considered by the Commission in protestants parties to the proceedings. 385.214 or 385.211 of the Commission’s determining the appropriate action to be Any person wishing to become a party Rules and Regulations. All such motions taken, but will not serve to make must file a motion to intervene. This or protests must be filed in accordance protestants parties to the proceedings. filing is available for review at the with Section 154.210 of the Any person wishing to become a party Commission in the Public Reference Commission’s Regulations. Protests will must file a motion to intervene. This Room or may be viewed on the be considered by the Commission in filing is available for review at the Commission’s website at http:// determining the appropriate action to be Commission in the Public Reference www.ferc.gov using the ‘‘eLibrary’’ taken, but will not serve to make Room or may be viewed on the (FERRIS). Enter the docket number protestants parties to the proceedings. Commission’s website at http:// excluding the last three digits in the Any person wishing to become a party www.ferc.gov using the ‘‘eLibrary’’ docket number field to access the must file a motion to intervene. This (FERRIS). Enter the docket number document. For assistance, please contact filing is available for review at the excluding the last three digits in the FERC Online Support at Commission in the Public Reference docket number field to access the [email protected] or toll- Room or may be viewed on the document. For assistance, please contact free at (866) 208–3676, or TTY, contact Commission’s Web site at http:// FERC Online Support at (202) 502–8659. The Commission www.ferc.gov using the ‘‘eLibrary’’ [email protected] or toll- strongly encourages electronic filings. (FERRIS). Enter the docket number free at (866) 208–3676, or TTY, contact See, 18 CFR 385.2001(a)(1)(iii) and the

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instructions on the Commission’s web (202) 502–8659. The Commission instructions on the Commission’s web site under the ‘‘eFiling’’ link. strongly encourages electronic filings. site under the eFiling link. See, 18 CFR 385.2001(a)(1)(iii) and the Magalie R. Salas, Magalie R. Salas, instructions on the Commission’s Web Secretary. Secretary. site under the ‘‘eFiling’’ link. [FR Doc. E3–00319 Filed 11–18–03; 8:45 am] [FR Doc. E3–00315 Filed 11–18–03; 8:45 am] BILLING CODE 6717–01–P Magalie R. Salas, BILLING CODE 6717–01–P Secretary. [FR Doc. E3–00313 Filed 11–18–03; 8:45 am] DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY BILLING CODE 6717–01–P Federal Energy Regulatory Federal Energy Regulatory Commission Commission DEPARTMENT OF ENERGY [Docket No. RP00–426–016] Federal Energy Regulatory [Docket No. EC03–130–000, et al.] Texas Gas Transmission, LLC; Notice Commission of Filing of Negotiated Rate Agreement Black Hills Corporation, et al.; Electric Rate and Corporate Filings November 7, 2003. [Docket No. RP03–480–002] Take notice that on October 30, 2003, October 15, 2003. Texas Gas Transmission, LLC (Texas Wyoming Interstate Company, Ltd.; The following filings have been made Gas), submitted for filing the tariff Notice of Compliance Filing with the Commission. The filings are sheets listed below for incorporation into its FERC Gas Tariff, Second Revised November 7, 2003. listed in ascending order within each docket classification. Volume No. 1: Take notice that on October 30, 2003, First Revised Sheet No. 51 Wyoming Interstate Company, Ltd. 1. Black Hills Corporation First Revised Sheet No. 56 (WIC) tendered for filing as part of its [Docket No. EC03–130–000] Texas Gas states that the purpose of FERC Gas Tariff, Second Revised this filing is to propose revised tariff Volume No. 2, the following tariff sheets Take notice that on October 9, 2003, sheets in order to delete references to with an effective date of November 19, Black Hills Corporation (Black Hills) negotiated rate and/or non-conforming 2003: filed an amendment to its application service agreements which have expired, filed on August 22, 2003, requesting Substitute Third Revised Sheet No. 70 authorization to implement a plan of or which have been modified to Seventh Revised Sheet No. 72 eliminate the non-conforming language. internal corporate restructuring. Texas Gas states that copies of this WIC states that these tariff sheets Comment Date: October 21, 2003. filing are being mailed to all parties on implement the pro forma tariff 2. John Hancock Life Insurance the official service list in this docket, to provisions accepted by the Commission Texas Gas’s official service list, to Texas Company, Pitney Bowes Credit in WIC’s gas quality settlement at Corporation, U.S. Energy Corporation, Gas’s jurisdictional customers, and to Docket No. RP03–480–001. interested state commissions. Decker Energy Craven GP, LLC, Decker Any person desiring to be heard or to Any person desiring to protest said Energy Craven LP, LLC protest said filing should file a motion filing should file a protest with the [Docket No. EC04–5–000] to intervene or a protest with the Federal Energy Regulatory Commission, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC Take notice that on October 9, 2003, 888 First Street, NE., Washington, DC 20426, in accordance with Section John Hancock Life Insurance Company, 20426, in accordance with sections 385.211 of the Commission’s Rules and Pitney Bowes Credit Corporation, U.S. Energy Corporation, Decker Energy 385.214 or 385.211 of the Commission’s Regulations. All such protests must be Craven GP, LLC, and Decker Energy Rules and Regulations. All such motions filed in accordance with Section Craven LP, LLC (Applicants) filed with or protests must be filed in accordance 154.210 of the Commission’s the Federal Energy Regulatory with section 154.210 of the Regulations. Protests will be considered Commission’s Regulations. Protests will Commission an application pursuant to by the Commission in determining the Section 203 of the Federal Power Act for be considered by the Commission in appropriate action to be taken, but will determining the appropriate action to be authorization of a disposition of not serve to make protestants parties to jurisdictional facilities whereby John taken, but will not serve to make the proceedings. This filing is available protestants parties to the proceedings. Hancock Life Insurance Company, for review at the Commission in the Any person wishing to become a party Pitney Bowes Credit Corporation, and Public Reference Room or may be must file a motion to intervene. This U.S. Energy Corporation will divest, and viewed on the Commission’s Web site at filing is available for review at the Decker Energy Craven GP, LLC, and Commission in the Public Reference http://www.ferc.gov using the eLibrary Decker Energy Craven LP, LLC will Room or may be viewed on the (FERRIS) link. Enter the docket number acquire, partnership interests in Craven Commission’s Web site at http:// excluding the last three digits in the County Wood Energy Limited www.ferc.gov using the ‘‘eLibrary’’ docket number field to access the Partnership, which owns a 45 megawatt (FERRIS). Enter the docket number document. For assistance, please contact (net) wood-burning qualifying small excluding the last three digits in the FERC Online Support at power production facility located in docket number field to access the [email protected] or toll- New Bern, North Carolina. The document. For assistance, please contact free at (866) 208–3676, or TTY, contact Applicants have requested privileged FERC Online Support at (202) 502–8659. The Commission treatment for certain documents [email protected] or toll- strongly encourages electronic filings. submitted with the filing. free at (866) 208–3676, or TTY, contact See, 18 CFR 385.2001(a)(1)(iii) and the Comment Date: October 30, 2003.

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3. Idaho Power Company Comment Date: October 31, 2003. withdraw Third Revised Service Agreement No. 6, First Revised Volume [Docket No. ER97–1481–003] 5. Condon Wind Power, LLC No. 1, an agreement with PPL Electric Take notice that on October 9, 2003, [Docket No. ER02–305–001] Utilities Corporation, formerly Idaho Power Company filed with the Pennsylvania Power & Light Company Federal Energy Regulatory Commission Take notice that on October 10, 2003, filed on August 21, 2003. Allegheny an updated market power analysis. Condon Wind Power, LLC (Condon Comment Date: October 30, 2003. Wind Power) filed with the Federal Power states that a copy of this filing Energy Regulatory Commission a notice has been served upon the customer. 4. Mirant Americas Energy Marketing, of change in status in connection with Comment Date: October 31, 2003. LP the transfer of certain non-managing 9. Geothermal Properties, Inc. [Docket No. ER01–1265–002] membership interests in Condon Wind [Docket No. ER03–1314–001] Mirant California, LLC Power to GS Wind Power I, LLC, a wholly-owned subsidiary of The Take notice that on October 10, 2003, [Docket No. ER01–1267–003] Goldman Sachs Group, Inc. Geothermal Properties, Inc. submitted Mirant Delta, LLC Comment Date: October 31, 2003. an amendment to the Notice of [Docket No. ER01–1270–003] Cancellation of Market-Based Rate 6. Virginia Electric and Power Mirant Potrero, LLC Authority under FERC Electric Tariff, Company [Docket No. ER01–1278–003] Original Volume No.1, filed on Mirant New England, LLC [Docket No. ER03–743–003] September 9, 2003. Geothermal Take notice that on October 10, 2003, Properties, Inc. states that it amends the [Docket No. ER01–1274–003] Virginia Electric and Power Company, filing by including First Revised Sheet Mirant Canal, LLC doing business as Dominion Virginia No. 1 to FERC Electric Tariff, Original [Docket No. ER01–1268–003] Power, tendered for filing a revised Volume No. 1. Mirant Kendall, LLC Generator Interconnection and Comment Date: October 31, 2003. [Docket No. ER01–1271–003] Operating Agreement (Revised 10. Midwest Independent Transmission Mirant Bowline, LLC Interconnection Agreement) between System Operator, Inc. Dominion Virginia Power and CPV [Docket No. ER01–1266–002] Cunningham Creek LLC (CPV) in [Docket No. ER04–32–000] Mirant Lovett, LLC compliance with the Commission’s June Take notice that on October 9, 2003, [Docket No. ER01–1272–002] 10, 2003 and September 10, 2003 Midwest Independent Transmission Mirant NY-Gen, LLC Orders. Virginia Electric and Power System Operator, Inc. (Midwest ISO) [Docket No. ER01–1275–002] Company, 104 FERC ¶ 61,249; Virginia pursuant to Section 205 of the Federal Mirant Chalk Point, LLC Electric and Power Company, 103 FERC Power Act and Section 35.12 of the Commission’s regulations, 18 CFR [Docket No. ER01–1269–002] ¶ 61,318. Dominion Virginia Power respectfully 35.12, submitted for filing an Mirant Mid-Atlantic, LLC requests that the Commission accept the Interconnection and Operating [Docket No. ER01–1273–002] Revised Interconnection Agreement Agreement among Anita Municipal Mirant Peaker, LLC allowing it to become effective on April Utilities, the Midwest ISO, and [Docket No. ER01–1276–002] 15, 2003, the effective date granted by Interstate Power and Light Company, a Mirant Potomac River, LLC the Commission in its June 10, 2003 wholly-owned subsidiary of Alliant Energy. [Docket No. ER01–1277–002] Order. Dominion Virginia Power states that Midwest ISO states that a copy of this Mirant Zeeland, LLC copies of the filing were served upon filing was served on Anita Municipal [Docket No. ER01–1263–002] CPV and the Virginia State Corporation Utilities and Interstate Power and Light West Georgia Generating Company, LLC Commission. Company. [Docket No. ER02–1052–001] Comment Date: October 31, 2003. Comment Date: October 30, 2003. Mirant Sugar Creek, LLC 7. Southern California Edison Company 11. Southwest Power Pool, Inc. [Docket No. ER02–900–001] [Docket No. ER03–1094–001] [Docket No. ER04–34–000] Shady Hills Power Company, LLC Take notice that on October 10, 2003, Take notice that on October 9, 2003, [Docket No. ER02–537–002] Southern California Edison Company Southwest Power Pool, Inc. (SPP), Wrighstville Power Facility, LLC (SCE) tendered for filing its Response to tendered for filing an executed [Docket No. ER02–1028–001] the Commission’s Letter Order issued Interconnection Agreement (IA) Mirant Energy Trading, LLC September 22, 2003. SCE requests between SPP,FPL Energy Oklahoma privileged treatment of certain data in Wind, LLC and OG&E Energy Corp [Docket No. ER02–1213–001] under the SPP Open Access Mirant Oregon, LLC their filing. SCE states that copies of this filing Transmission Tariff. SPP requests an [Docket No. ER02–1331–002] were served upon all parties designated effective date of September 10, 2003 for Mirant Las Vegas, LLC on the official service list compiled by this IA. [Docket No. ER03–160–001] the Secretary in this proceeding. SPP states that a copy of the filing was Take notice that on October 10, 2003, Comment Date: October 31, 2003. served on representatives of Blue the above-referenced entities, Canyon and WFEC. 8. West Penn Power Company dba Comment Date: October 30, 2003. collectively the ‘‘Mirant Entities’’ Allegheny Power tendered for filing a triennial market- 12. Entergy Services, Inc., power analysis in compliance with the [Docket No. ER03–1232–000] [Docket No. ER04–35–000] Commission’s orders granting them Take notice that on October 10, 2003, authority to make sales at market-based West Penn Power Company, d/a/ Take notice that on October 9, 2003, rates. Allegheny Power, filed a request to Entergy Services, Inc., on behalf of the

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Entergy Operating Companies, Entergy Enter the docket number excluding the 3. Devon Power LLC, Middletown, Arkansas, Inc., Entergy Gulf States, Inc., last three digits in the docket number Power LLC, Montville Power LLC, Entergy Louisiana, Inc., Entergy filed to access the document. For Norwalk Power LLC and NRG, Power Mississippi, Inc., and Entergy New assistance, call (202) 502–8222 or TTY, Marketing Inc. Orleans, Inc. filed revisions to its Open (202) 502–8659. Protests and [Docket No. ER03–563–022] Access Transmission Tariff to interventions may be filed electronically Take notice that on September 30, implement retail open access in the via the Internet in lieu of paper; see 18 2003, Devon Power LLC, Middletown Entergy Settlement Area in Texas. CFR 385.2001(a)(1)(iii) and the Power LLC, Montville Power LLC, Comment Date: October 30, 2003. instructions on the Commission’s Web Norwalk Power LLC (collectively site under the ‘‘e-Filing’’ link. The 13. Duke Energy Corporation Applicants) and NRG Power Marketing Commission strongly encourages Inc tendered an Errata to their [Docket No. ER04–36–000] electronic filings. Take notice that on October 10, 2003, compliance filing submitted August 5, Duke Energy Corporation, on behalf of Magalie R. Salas, 2003, in Docket No. ER03–563–013. Duke Electric Transmission, Secretary. Applicants state that they have (collectively, Duke) tendered for filing a [FR Doc. E3–00294 Filed 11–18–03; 8:45 am] provided copies of the Errata Filing to revised Service Agreement for Network BILLING CODE 6717–01–P ISO–NE and served each person Integration Transmission Service designated on the official service list (NITSA) between Duke and the City of compiled by the Secretary in this Seneca, South Carolina. Duke seeks an DEPARTMENT OF ENERGY proceeding. effective date for the revised NITSA of Comment Date: October 21, 2003. Federal Energy Regulatory October 1, 2003. 4. PJM Interconnection, L.L.C. Comment Date: October 31, 2003. Commission [Docket No. ER03–1086–001] 14. PJM Interconnection L.L.C. [Docket No. EC03–140–000, et al.] Take notice that on September 30, [Docket No. ER04–37–000] 2003, PJM Interconnection, L.L.C. (PJM) Take notice that on October 10, 2003, Blue Canyon Windpower LLC, et al.; in compliance with the Commission’s PJM Interconnection, L.L.C. (PJM) Electric Rate and Corporate Filings September 15, 2003 Order in this tendered for filing revisions to Schedule proceeding, 104 FERC ¶ 61,291 (2003), October 6, 2003. 2 of the PJM Open Access Transmission filed revisions to the PJM Open Access Tariff to reflect new or amended The following filings have been made Transmission Tariff and the Amended revenue requirements for Calpine with the Commission. The filings are and Restated Operating Agreement of Energy Services, L.P.; Duke Energy listed in ascending order within each PJM Interconnection, L.L.C. to change a Fayette, LLC; Liberty Electric Power, docket classification. section cross-reference. PJM states, LLC; and Reliant Energy Hunterstown, 1. Blue Canyon Windpower LLC however, that it is submitting the filing LLC, for providing cost-based Reactive subject to the outcome of a separately Support and Voltage Control from [Docket No. EC03–140–000] filed rehearing request because the Generation Sources Service in the PJM Take notice that on September 30, Commission’s September 15 Order is region. 2003, Blue Canyon Windpower LLC mistaken and the section reference PJM states that copies have been (Blue Canyon), submitted an application originally filed by PJM was correct. served on all PJM members and each pursuant to Section 203 of the Federal PJM states that the compliance tariff state electric utility regulatory Power Act, seeking authorization for a sheets have an effective date of July 18, commission in the PJM region. transaction that would result in the 2003, as established by the September Comment Date: October 31, 2003. transfer of indirect control of certain 15 Order. PJM states that copies of this filing Standard Paragraph transmission facilities associated with Blue Canyon’s planned 45-turbine wind have been served on all PJM members Any person desiring to intervene or to farm located in southwestern Oklahoma and utility regulatory commissions in protest this filing should file with the and Blue Canyon’s anticipated tariff for the PJM region and on all parties listed Federal Energy Regulatory Commission, sales of power at wholesale, and on the official service list compiled by 888 First Street, NE., Washington, DC requesting expedited consideration of the Secretary in this proceeding. 20426, in accordance with Rules 211 its Application and certain waivers. Comment Date: October 21, 2003. and 214 of the Commission’s Rules of Blue Canyon states that the 5. Entegra North America, L.P. Practice and Procedure (18 CFR 385.211 Transaction will have no effect on and 385.214). Protests will be [Docket No. ER03–1170–002] competition, rates or regulation and is considered by the Commission in in the public interest. Take notice that on September 30, determining the appropriate action to be 2003, Entegra North America, L.P. taken, but will not serve to make Comment Date: October 21, 2003. submitted for filing an amended Rate protestants parties to the proceeding. 2. Kloco Corporation Schedule No. 1. to the filing originally Any person wishing to become a party submitted on August 6, 2003 and [Docket No. ER96–1735–001] must file a motion to intervene. All such amended on September 22, 2003. motions or protests should be filed on Take notice that on September 30, Comment Date: October 21, 2003. or before the comment date, and, to the 2003, Kloco Corporation filed an 6. American Electric Power Service extent applicable, must be served on the amendment to their August 27, 2003 Corporation applicant and on any other person filing in Docket No. ER03–1259–000. designated on the official service list. Kloco Corporation states they are [Docket No. ER03–1401–000] This filing is available for review at the submitted a new Rate Schedule No.1 Take notice that on September 30, Commission or may be viewed on the due to the change of name of GDK 2003, the American Electric Power Commission’s Web site at http:// Corporation to Kloco Corporation. Service Corporation (AEPSC), tendered www.ferc.gov, using the ‘‘FERRIS’’ link. Comment Date: October 21, 2003. for filing a New Network Integration

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Transmission Service Agreement Comment Date: October 21, 2003. PSA and, accordingly, seeks waiver of (NITSA) for MidAmerican Energy the Commission’s notice requirements. 9. Ameren Services Company Company (MECR). AEP also requests PS Colorado states that copies of the termination of NITSA No. 403, an [Docket No. ER03–1405–000] filings have been served on Aquila and agreement with MidAmerican Energy Take notice that on September 30, the Colorado Public Utilities Company that ended its initial term as 2003, Ameren Services Company (ASC) Commission. of mid-night August 30, 2003. AEPSC tendered for filing Service Agreements Comment Date: October 21, 2003. states that these agreements are for Network Integration Transmission 13. PJM Interconnection, L.L.C. pursuant to the AEP Companies’ Open Service and a Network Operating Access Transmission Tariff that has Agreement between ASC and Ameren [Docket No. ER03–1409–000] been designated as the Operating Energy Marketing Company as agent for Take notice that on September 30, Companies of the American Electric retail customer Keystone Steel and Wire 2003, as directed by the Commission’s Power System FERC Electric Tariff (Keystone). ASC states that the purpose March 12, 2003 Order in Docket No. Third Revised Volume No. 6. of the Agreement is to permit ASC to ER03–406–000, 102 FERC ¶ 61,276, PJM AEPSC requests waiver of notice to provide transmission service to Interconnection, L.L.C. (PJM) filed permit the Service Agreements to be Keystone pursuant to Ameren’s Open revisions to the auction revenue rights made effective on and after September Access Transmission Tariff. (ARR) allocation provisions in the PJM 1, 2003. Comment Date: October 21, 2003. Operating Agreement (Operating AEPSC states that a copy of the filing 10. Ameren Services Company Agreement) and PJM Open Access was served upon the Parties and the Transmission Tariff (Tariff), to provide state utility regulatory commissions of [Docket No. ER03–1406–000] additional detail on the designation of Arkansas, Indiana, Kentucky, Louisiana, Take notice that on September 30, alternative source busses for ARRs. Michigan, Ohio, Oklahoma, Tennessee, 2003, Ameren Services Company (ASC) PJM requests an effective date of Texas, Virginia and West Virginia. tendered for filing an executed Service February 1, 2004 for the proposed Comment Date: October 21, 2003. Agreement for Firm Point-to-Point revisions. Transmission Services between ASC PJM states that copies of its filing 7. Progress Energy, Inc. On Behalf of and Ameren Energy. ASC states that the Florida Power Corporation were served on all PJM members and purpose of the Agreement is to permit utility regulatory commissions in the [Docket No. ER03–1402–000] ASC to provide transmission services to PJM region. Take notice that on September 30, Ameren Energy pursuant to Ameren’s Comment Date: October 21, 2003. 2003, Florida Power Corporation (FPC) Open Access Transmission Tariff. Comment Date: October 21, 2003. 14. Fitchburg Gas and Electric Light tendered for filing an executed Company Interconnection and Operating 11. Michigan Electric Transmission Agreement with The City of Gainesville Company, LLC [Docket No. ER03–1410–000] Florida. FPC Interconnection Agreement [Docket No. ER03–1407–000] Take notice that on September 30, is being filed as a Service Agreement Take notice that on September 30, 2003, Fitchburg Gas and Electric Light under the terms and conditions of the 2003, Michigan Electric Transmission Company (FG&E) tendered for filing Open Access Transmission Tariff filed Company, LLC (METC) submitted an with the Federal Energy Regulatory on behalf of Florida Power Corporation. Interconnection Facilities Agreement Commission amendments to its Open FPC is requesting an effective date of (IFA) between METC, Wolverine Power Access Transmission Tariff. FG&E October 15, 2003 for this Service Supply Cooperative, Inc. (Wolverine), proposes to revise its non-Pool Agreement. FPC states that a copy of and Traverse City Light and Power Transmission Facilities rates to establish this filing was served upon the North Department. METC requests an effective and implement an annual formula rate, Carolina Utilities Commission and the date for the IFA of October 1, 2003. replacing a stated rate. FG&E also states Florida Public Service Commission. Comment Date: October 21, 2003. that it proposes to make certain Comment Date: October 21, 2003. additional changes to its Tariff to update 12. Public Service Company of its currently effective Tariff and to 8. California Independent System Colorado reflect the change to a formula rate. Operator Corporation [Docket Nos. ER03–1408–000 and ER03– FG&E states that a copy of the filing [Docket No. ER03–1404–000] 1408–001] was served upon the Massachusetts Take notice that, on September 30, Take notice that on September 30, Department of Telecommunications and 2003, the California Independent 2003 as amended on October 1, 2003, Energy and on all affected customers. System Operator Corporation (ISO) Public Service Company of Colorado Comment Date: October 21, 2003. submitted an informational filing as to (PS Colorado) filed an Interim Restated 15. American Transmission Systems, the ISO’s updated transmission Access Power Supply Agreement (Interim Inc. Charge rates effective as of October 1, Restated PSA) between PS Colorado and 2003. Aquila, Inc. (Aquila), doing business as [Docket No. ER03–1411–000] The ISO states that this filing has been Aquila Networks-Colorado, under PS Take notice that on September 30, served upon the Public Utilities Colorado’s Rate Schedule for Market- 2003, American Transmission Systems, Commission of the State of California, Based Power Sales. The Interim Inc. (ATSI) tendered for filing First the California Energy Commission, the Restated PSA supersedes, in its entirety, Revised Service Agreement No. 337, an California Electricity Oversight Board, the 1999 Power Supply Agreement, executed Network Integration the Participating Transmission Owners, between PS Colorado and Aquila, Transmission Service Agreement with and upon all parties with effective designated as Service Agreement No. 6 Buckeye Power, Inc. (Buckeye) under Scheduling Coordinator Service under PS Colorado’s FERC Electric ATSI’s Open Access Transmission Agreements under the ISO Tariff. In Tariff, Original Volume No. 6. Tariff, FERC Electric Tariff, Second addition, the ISO states that it is posting PS Colorado seeks an effective date of Revised Volume No. 1. ATSI states that the filing on the ISO Home Page. October 1, 2003 for the Interim Restated the revision modifies the charges at four

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distribution-level delivery points; and will provide hard copies to any f. Location: On the Snake River in establishes the loss factor for customers interested parties upon request. Washington and Adams, Counties, taking service over ATSI’s 69 kV Comment Date: October 21, 2003. Idaho; and Wallowa and Baker transmission facilities as of October 1, Standard Paragraph Counties, Oregon. About 5,270 acres of 2003, when the Midwest ISO will begin federal lands administered by the Forest providing transmission service over Any person desiring to intervene or to Service and the Bureau of Land ATSI’s facilities. ATSI requests that the protest this filing should file with the Management (Payette and Wallowa- agreement be placed in effect on July 1, Federal Energy Regulatory Commission, Whitman National Forests and Hells 2003. 888 First Street, NE., Washington, DC Canyon National Recreational Area) are ATSI states that copies of the filing 20426, in accordance with Rules 211 included within the project boundary. were served upon Buckeye and the and 214 of the Commission’s Rules of g. Filed Pursuant to: Federal Power Public Utilities Commission of Ohio. Practice and Procedure (18 CFR 385.211 Act, 16 U.S.C. 791(a)–825(r). Comment Date: October 21, 2003. and 385.214). Protests will be h. Applicant Contact: Mr. Robert W. considered by the Commission in Stahman, Vice President, Secretary, and 16. Midwest Independent Transmission determining the appropriate action to be General Counsel, Idaho Power System Operator, Inc. taken, but will not serve to make Company, P.O. Box 70, Boise, Idaho [Docket No. ER03–1412–000] protestants parties to the proceeding. 83707. i. FERC Contact: Alan Mitchnick, Take notice that on September 30, Any person wishing to become a party (202) 502–6074; 2003, the Midwest Independent must file a motion to intervene. All such motions or protests should be filed on [email protected]. Transmission System Operator, Inc. j. Deadline for filing scoping (Midwest ISO) and the Midwest ISO or before the comment date, and, to the extent applicable, must be served on the comments: December 22, 2003. Transmission Owners and Coordinating All documents (original and eight Owner submitted for filing proposed applicant and on any other person designated on the official service list. copies) should be filed with: Magalie R. revisions to the Agreement of Salas, Secretary, Federal Energy Transmission Facilities Owners to This filing is available for review at the Commission or may be viewed on the Regulatory Commission, 888 First Organize the Midwest Independent Street, NE., Washington, DC 20426. Transmission System Operator, Inc., a Commission’s Web site at http:// www.ferc.gov, using the ‘‘FERRIS’’ link. The Commission’s Rules of Practice Delaware Non-Stock Corporation and Procedure require all interveners (Midwest ISO Agreement), Midwest ISO Enter the docket number excluding the last three digits in the docket number filing documents with the Commission FERC Electric Tariff, First Revised Rate to serve a copy of that document on Schedule No. 1, and the Midwest ISO filed to access the document. For assistance, call (202) 502–8222 or TTY, each person on the official service list Open Access Transmission Tariff for the project. Further, if an intervener (Midwest ISO OATT), FERC Electric (202) 502–8659. Protests and interventions may be filed electronically files comments or documents with the Tariff, Second Revised Volume No. 1, in Commission relating to the merits of an order to provide clarification of the via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the issue that may affect the responsibilities process for distributing revenues of a particular resource agency, they collected under Schedule 18 of the instructions on the Commission’s Web site under the ‘‘e-Filing’’ link. The must also serve a copy of the document Midwest ISO OATT regarding Sub- on that resource agency. Regional Rate Adjustment. Commission strongly encourages electronic filings. Scoping comments may be filed The Midwest ISO and the Midwest electronically via the Internet in lieu of ISO Transmission Owners and Magalie R. Salas, paper. The Commission strongly Coordinating Owner requested waiver of Secretary. encourages electronic filings. See 18 the notice provision of Section 205 of [FR Doc. E3–00295 Filed 11–18–03; 8:45 am] CFR 385.2001(a)(1)(iii) and the the Federal Power Act in order to BILLING CODE 6717–01–P instructions on the Commission’s Web accommodate an effective date of site (http://www.ferc.gov) under the ‘‘e- October 1, 2003, or the first date that Filing’’ link. one of the GridAmerica Companies DEPARTMENT OF ENERGY k. This application is not ready for places its facilities under the Midwest environmental analysis at this time. ISO OATT and charges under Schedule Federal Energy Regulatory l. The existing Hells Canyon Project 18 begin. Commission consists of three developments: The Midwest ISO and the Midwest Brownlee Development consists of a ISO Transmission Owners and Notice of Additional Scoping Meeting 395-foot-high earth and rockfill dam, a Coordinating Owner have also requested November 12, 2003. 14,621-acre impoundment, and a waiver of the service requirements set On October 22, 2003, the Commission powerhouse with five generating units forth in 18 CFR 385.2010. The Midwest issued a Notice of Intent to Prepare an producing 585.4 megawatts (MW); ISO states that it has electronically Environmental Impact Statement and Oxbow Development consists of a 209- served a copy of this filing, with Notice of Scoping Meetings and foot-high earth and rockfill dam, a attachments, upon all Midwest ISO Soliciting Scoping Comments. The 1,150-acre impoundment, and a Members, Member representatives of Commission’s staff intends to hold an powerhouse with four generating units Transmission Owners and Non- additional scoping meeting as described producing 460 MW; and Hells Canyon Transmission Owners, as well as all below. Development consists of a 320-foot-high state commissions within the region. In a. Type of Application: New Major concrete gravity dam, a 2,412-acre addition, the filing has been License. impoundment, and a powerhouse with electronically posted on the Midwest b. Project No.: 1971–079. three generating units producing 391.5 ISO’s Web site at http:// c. Date Filed: July 21, 2003. MW. Idaho Power also operates four fish www.midwestiso.org under the heading d. Applicant: Idaho Power Company. hatcheries and four adult fish traps. ‘‘Filings to FERC’’ for other interested e. Name of Project: Hells Canyon Idaho Power proposes to exclude 3,800 parties in this matter. The Midwest ISO Hydropower Project. acres of federal lands surrounding the

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project reservoirs and 11 of 12 existing EIS; (2) solicit from the meeting pipeline company representative about transmission lines from the project. participants all available information, the acquisition of an easement to m. A copy of the application is especially quantifiable data, on the construct, operate, and maintain the available for review at the Commission resources at issue; (3) encourage proposed facilities. The pipeline in the Public Reference Room or may be statements from experts and the public company would seek to negotiate a viewed on the Commission’s Web site at on issues that should be analyzed in the mutually acceptable agreement. http://www.ferc.gov using the EIS, including viewpoints in opposition However, if the project is approved by ‘‘eLibrary’’ link. Enter the docket to, or in support of, the staff(s the Commission, that approval conveys number excluding the last three digits in preliminary views; (4) determine the with it the right of eminent domain. the docket number field to access the resource issues to be addressed in the Therefore, if easement negotiations fail document. For assistance, contact FERC EIS; and (5) identify those issues that to produce an agreement, the pipeline Online Support at require a detailed analysis, as well as company could initiate condemnation [email protected] or toll- those issues that do not require a proceedings in accordance with state free at 1–866–208–3676, or for TTY, detailed analysis. law. A fact sheet prepared by the FERC (202) 502–8659. A copy is also available Procedures for inspection and reproduction at the entitled ‘‘An Interstate Natural Gas address in item h above. The meetings are recorded by a Facility On My Land? What Do I Need You may also register online at stenographer and become part of the To Know?’’ was attached to the project http://www.ferc.gov/docs-filing/ formal record of the Commission notice LCE provided to landowners. esubscription.asp to be notified via proceeding on the project. This fact sheet addresses a number of email of new filings and issuances Individuals, organizations, and typically asked questions, including the related to this or other pending projects. agencies with environmental expertise use of eminent domain and how to For assistance, contact FERC Online and concerns are encouraged to attend participate in the Commission’s Support. the meeting and to assist the staff in proceedings. It is available for viewing n. Scoping Process: The Commission defining and clarifying the issues to be on the FERC Internet Web site (http:// intends to prepare an Environmental addressed in the EIS. www.ferc.gov). Impact Statement (EIS) on the project in Magalie R. Salas, Summary of the Proposed Project accordance with the National Secretary. Environmental Policy Act. The EIS will LCE wants to expand the capacity of [FR Doc. E3–00303 Filed 11–18–03; 8:45 am] its facilities in Louisiana to transport an consider both site-specific and BILLING CODE 6717–01–P cumulative environmental impacts and additional 1,200,000 million British reasonable alternatives to the proposed thermal units per day of natural gas to eight gas transmission companies. LCE action. DEPARTMENT OF ENERGY seeks authority to: • Additional Scoping Meeting Federal Energy Regulatory Construct an interconnection with In addition to previously scheduled Commission the facilities of Trunkline LNG Company, LLC (TLNG) at the TLNG scoping meetings in Boise (November [Docket Nos. CP04–4–000] 18, 2003) and Weiser (November 20, import terminal in Calcasieu Parish consisting of two tap valves, with meter 2003), Idaho, and Halfway, Oregon Lake Charles Express, LLC; Notice of (November 19, 2003), FERC staff will and regulation facilities (M&Rs); Intent To Prepare an Environmental • Construct 22.84 miles of 36-inch- conduct an additional scoping meeting Assessment for the Proposed Lake diameter pipeline (called the South in Council, Adams County, Idaho. All Charles Express Project and Request Segment) from TLNG’s facilities to interested individuals, organizations, for Comments on Environmental Texas Eastern’s Transmission, LP’s and agencies are invited to attend any Issues (Texas Eastern’s) Iowa Gas Plant in of the meetings, and to assist the staff in Jefferson Davis Parish; identifying the scope of the November 12, 2003. • Construct 15.01 miles of 30-inch- environmental issues that should be The staff of the Federal Energy diameter pipeline, (called the ‘‘North analyzed in the EIS. The time and Regulatory Commission (FERC or Segment’’) from the Iowa Gas Plant to an location of the additional meeting is as Commission) will prepare an interconnection with the facilities of follows: environmental assessment (EA) that will Texas Eastern’s Gillis Compressor When: Thursday, November 20, 2003, discuss the environmental impacts of the Lake Charles Express Project (LCE Station in Beauregard Parish; from 1 p.m. until about 2:30 p.m. • Construct five M&Rs along the Project) involving construction and Where: Council Senior Center, 103 South Segment to provide one operation of facilities by Lake Charles South Main Street, Council, Idaho. interconnection with with Sabine Gas Express, LLC (LCE) in Beauregard, Transmission Company (Sabine Gas); Copies of the Scoping Document Allen, Jefferson Davis, and Calcasieu two interconnections with Cantera (SD1) outlining the subject areas to be Parishes, Louisiana.1 These facilities Natural Gas, Inc (Cantera); one addressed in the EIS were distributed to would consist of about 38.5 miles of interconnection with Calcasieu Gas the parties on the Commission(s mailing various diameter pipeline. This EA will Gathering System (Calcasieu Gas) in list. Copies of the SD1 will be available be used by the Commission in its Calcasieu Parish; and an at the scoping meeting or may be decision-making process to determine interconnection with Texas Eastern viewed on the web at http:// whether the project is in the public where the proposed pipeline enters the www.ferc.gov using the ‘‘eLibrary’’ link convenience and necessity. (see item m above). If you are a landowner receiving this Iowa Gas Plant; • Construct six M&Rs and associated notice, you may be contacted by a Objectives facilities along the North Segment to At the scoping meetings, the staff will: 1 LCE’s application was filed with the provide interconnections with Texas (1) Summarize the environmental issues Commission under section 7 of the Natural Gas Act Eastern where the proposed pipeline tentatively identified for analysis in the and part 157 of the Commission(s regulations. exits the Iowa Gas Plant and including

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a bypass regulator; Texas Gas All comments received are considered • The Calcasieu River, designated as Transmission Corporation (Texas Gas); during the preparation of the EA. State a state natural and scenic river by the Florida Gas Transmission Company and local government representatives Louisiana Natural and Scenic River (Florida Gas); and Tennessee Gas are encouraged to notify their System, would involve a 4,316 foot-long Pipeline Company (Tennessee Gas) in constituents of this proposed action and crossing using the horizontal directional Jefferson Davis Parish; Transcontinental encourage them to comment on their drilling method. Gas Pipe Line Corporation (Transco) in areas of concern. Also, we have made a preliminary Beauregard Parish; and Texas Eastern at The EA will discuss impacts that decision to not address the impacts of the Gillis Compressor Station; and could occur as a result of the the nonjurisdictional facilities. We will • Construct two parallel 0.33-mile 16- construction and operation of the briefly describe their location and status inch-diameter lateral pipelines proposed project under these general in the EA. extending from the South Segment to headings: Public Participation the Cantera facility in Calcasieu Parish; • Geology and soils and appurtenant facilities. • Land use You can make a difference by The location of the project facilities is • Water resources, fisheries, and providing us with your specific shown in appendix 1.2 wetlands comments or concerns about the project. Nonjurisdictional Facilities • Cultural resources By becoming a commentor, your • concerns will be addressed in the EA Non-jurisdictional facilities that will Vegetation and wildlife • and considered by the Commission. You be built as a result of the proposed LCE Air quality and noise • should focus on the potential Project are limited to taps and Endangered and threatened species • environmental effects of the proposal, connecting piping that may be installed Hazardous waste • alternatives to the proposal (including by Sabine Gas, Cantera, and Calcasieu Public safety • alternative locations/routes), and Gas to connect the M&R facilities to Water resources, fisheries, and measures to avoid or lessen their respective pipelines. LCE states wetlands environmental impact. The more these non-jurisdictional facilities will We will also evaluate possible specific your comments, the more useful generally include less than 250 feet of alternatives to the proposed project or small diameter pipeline for each portions of the project, and make they will be. Please carefully follow connection. recommendations on how to lessen or these instructions to ensure that your avoid impacts on the various resource comments are received in time and Land Requirements for Construction properly recorded: areas. • Construction of the proposed facilities Our independent analysis of the Send an original and two copies of would require about 461.8 acres of land. issues will be in the EA. Depending on your letter to: Magalie R. Salas, Following construction, about 227.5 the comments received during the Secretary, Federal Energy Regulatory acres would be maintained as new scoping process, the EA may be Commission, 888 First St., NE., Room pipeline right-of-way or aboveground published and mailed to Federal, state, 1A, Washington, DC 20426. • facility sites. The remaining 184.3 acres and local agencies, public interest Label one copy of the comments for of land would be restored and allowed groups, interested individuals, affected the attention of Gas Branch 2. • to revert to its former use. landowners, newspapers, libraries, and Reference Docket No. CP04–4–000. • Mail your comments so that they The EA Process the Commission(s official service list for this proceeding. A comment period will will be received in Washington, DC on The National Environmental Policy be allotted for review if the EA is or before December 19, 2003. Act (NEPA) requires the Commission to published. We will consider all Please note that we are continuing to take into account the environmental comments on the EA before we make experience delays in mail deliveries impacts that could result from an action our recommendations to the from the U.S. Postal Service. As a result, whenever it considers the issuance of a Commission. we will include all comments that we Certificate of Public Convenience and To ensure your comments are receive within a reasonable time frame Necessity. NEPA also requires us 3 to considered, please carefully follow the in our environmental analysis of this discover and address concerns the instructions in the public participation project. However, the Commission public may have about proposals. This section beginning on page 5. strongly encourages electronic filing of process is referred to as ‘‘scoping.’’ The any comments or interventions or main goal of the scoping process is to Currently Identified Environmental protests to this proceeding. See 18 CFR focus the analysis in the EA on the Issues 385.2001(a)(1)(iii) and the instructions important environmental issues. By this We have already identified several on the Commission’s Web site at Notice of Intent, the Commission issues that we think deserve attention http://www.ferc.gov under the ‘‘e- requests public comments on the scope based on a preliminary review of the Filing’’ link and the link to the User’s of the issues it will address in the EA. proposed facilities and the Guide. Before you can file comments environmental information provided by you will need to create a free account 2 The appendices referenced in this notice are not being printed in the Federal Register. Copies of all LCE. This preliminary list of issues may which can be created on-line.’’ appendices, other than appendix 1 (maps), are be changed based on your comments If you do not want to send comments available on the Commission’s website at the and our analysis. at this time but still want to remain on ‘‘eLibrary’’ link or from the Commission’s Public • Two federally listed endangered or our mailing list, please return the Reference and Files Maintenance Branch, 888 First Street, NE., Washington, DC 20426, or call (202) threatened species may occur in the Information Request (appendix 4). If you 502–8371. For instructions on connecting to proposed project area. do not return the Information Request, eLibrary refer to the last page of this notice. Copies • A total of 29.56 acres of agricultural you will be taken off the mailing list. of the appendices were sent to all those receiving land, that includes prime farmland In addition, the Commission Staff will this notice in the mail. 3 soils, would be permanently affected. hold a Scoping Meeting for the project ‘‘We’’, ‘‘us’’, and ‘‘our’’ refer to the • environmental staff of the Office of Energy Projects Cultural resources may be affected on December 10, 2003, at 7 p.m. at the (OEP). in the project area. following address: Iowa City Hall, 115

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N. Thompson Street, Iowa, Louisiana [email protected]. The project is in the public convenience and 70647. eLibrary link on the FERC Internet Web necessity. site also provides access to the texts of Becoming an Intervenor If you are a landowner receiving this formal documents issued by the notice, you may be contacted by a In addition to involvement in the EA Commission, such as orders, notices, pipeline company representative about scoping process, you may want to and rulemakings. the acquisition of an easement to become an official party to the In addition, the Commission now construct, operate, and maintain the proceeding known as an ‘‘intervenor.’’ offers a free service called eSubscription proposed facilities. The pipeline Intervenors play a more formal role in which allows you to keep track of all company would seek to negotiate a the process. Among other things, formal issuances and submittals in mutually acceptable agreement. intervenors have the right to receive specific dockets. This can reduce the However, if the project is approved by copies of case-related Commission amount of time you spend researching the Commission, that approval conveys documents and filings by other proceedings by automatically providing with it the right of eminent domain. intervenors. Likewise, each intervenor you with notification of these filings, Therefore, if easement negotiations fail must provide 14 copies of its filings to document summaries and direct links to to produce an agreement, the pipeline the Secretary of the Commission and the documents. Go to www.ferc.gov/ company could initiate condemnation must send a copy of its filings to all esubscribenow.htm. proceedings in accordance with other parties on the Commission’s Finally, public meetings or site visits Colorado law. service list for this proceeding. If you will be posted on the Commission’s A fact sheet prepared by the FERC want to become an intervenor you must calendar located at http://www.ferc.gov/ entitled ‘‘An Interstate Natural Gas file a motion to intervene according to EventCalendar/EventsList.aspx along Facility On My Land? What Do I Need Rule 214 of the Commission(s Rules of with other related information. To Know?’’ was attached to the project Practice and Procedure (18 CFR notice TransCo provided to landowners. 385.214) (see appendix 2).4 Only Magalie R. Salas, This fact sheet addresses a number of intervenors have the right to seek Secretary. typically asked questions, including the rehearing of the Commission’s decision. [FR Doc. E3–00301 Filed 11–18–03; 8:45 am] use of eminent domain and how to Affected landowners and parties with BILLING CODE 6717–01–P participate in the Commission’s environmental concerns may be granted proceedings. It is available for viewing intervenor status upon showing good on the FERC Internet Web site cause by stating that they have a clear DEPARTMENT OF ENERGY (www.ferc.gov). and direct interest in this proceeding Federal Energy Regulatory which would not be adequately Summary of the Proposed Project Commission represented by any other parties. You do TransCo seeks authority to construct not need intervenor status to have your [Docket No. CP04–12–000] environmental comments considered. three new compressor stations; install TransColorado Gas Transmission additional compression at one existing Environmental Mailing List Company; Notice of Intent To Prepare compressor station; and make an This notice is being sent to an Environmental Assessment for the upgrade at one existing compressor individuals, organizations, and Proposed Compression Expansion station. All facilities would be in government entities interested in and/or Project and Request for Comments on Colorado. Specifically, TransCo would: potentially affected by the proposed Environmental Issues • Construct one new compressor project. It is also being sent to all station (Whitewater) in Mesa County identified potential right-of-way November 12, 2003. and install one 4,735-horsepower (hp) grantors. By this notice we are also The staff of the Federal Energy compressor; asking governmental agencies, Regulatory Commission (FERC or • Construct one new compressor especially those in appendix 3, to Commission) will prepare an station (Redvale) and 692 feet of 10- express their interest in becoming environmental assessment (EA) that will inch-diameter pipeline in Montrose cooperating agencies for the preparation discuss the environmental impacts of County, and install one 4,735-hp of the EA. the Compression Expansion Project compressor; involving construction and operation of • Additional Information facilities by TransColorado Gas Construct one new compressor station (Mancos) in Montezuma County Additional information about the Transmission Company (TransCo) in various counties in Colorado.1 These and install two 3,550-hp compressors; project is available from the • Commission’s Office of External Affairs, facilities would consist of three new Install one 3,550-hp compressor at at 1–866–208–FERC or on the FERC compressor stations, additional an existing compressor station (Dolores) Internet Web site (http://www.ferc.gov) compression at one existing compressor in Dolores County; using the eLibrary link. Click on the station, and an upgrade at one existing • Re-wheel a compressor at an eLibrary link, click on ‘‘General Search’’ compressor station, providing a total of existing compressor station (Olathe) in and enter the docket number excluding 20,120 additional horsepower. The new Montrose County, with no change in the last three digits in the Docket compression facilities would provide horsepower; and Number field. Be sure you have selected TransCo the ability to transport an • Construct, modify, and operate an appropriate date range. For additional 125,000 dekatherms per day. certain ancillary facilities entirely assistance with eLibrary, the eLibrary This EA will be used by the within or immediately adjacent to helpline can be reached at 1–866–208– Commission in its decisionmaking TransCo’s existing facilities or those 3676, TTY (202) 502–8659, or at process to determine whether the proposed in this application. The general location of all project 4 Interventions may also be filed electronically via 1 TransCo’s application was filed with the the Internet in lieu of paper. See the previous Commission under section 7 of the Natural Gas Act facilities as well as more detailed discussion on filing comments electronically. and Part 157 of the Commission’s regulations. locations of the proposed new

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compressor stations are shown in • Surface water resources, fisheries, and • Mail your comments so that they appendix 1.2 wetlands will be received in Washington, DC on or before December 12, 2003. Land Requirements for Construction We will also evaluate possible alternatives to the proposed project or Please note that we are continuing to Construction of the new compressor portions of the project, and make experience delays in mail deliveries stations (including access roads) would recommendations on how to lessen or from the U.S. Postal Service. As a result, require about 17.8 acres of land. Of this, avoid impacts on the various resource we will include all comments that we about 1.2 acres would revert to previous areas. receive within a reasonable time frame use while the rest would be maintained in our environmental analysis of this for operation of the new facilities. In Our independent analysis of the issues will be in the EA. Depending on project. However, the Commission addition, upgrades at the existing strongly encourages electronic filing of compressor stations would affect about the comments received during the scoping process, the EA may be any comments or interventions or 6.7 acres of land already in use for protests to this proceeding. See 18 CFR natural gas transmission. published and mailed to Federal, state, and local agencies, public interest 385.2001(a)(1)(iii) and the instructions The EA Process groups, interested individuals, affected on the Commission’s Web site at http://www.ferc.gov under the ‘‘e- The National Environmental Policy landowners, newspapers, libraries, and Filing’’ link and the link to the User’s Act (NEPA) requires the Commission to the Commission’s official service list for Guide. Before you can file comments take into account the environmental this proceeding. A comment period will you will need to create a free account impacts that could result from an action be allotted for review if the EA is which can be created on-line. whenever it considers the issuance of a published. We will consider all Certificate of Public Convenience and comments on the EA before we make Becoming an Intervenor 3 our recommendations to the Necessity. NEPA also requires us to In addition to involvement in the EA Commission. discover and address concerns the scoping process, you may want to To ensure your comments are public may have about proposals. This become an official party to the considered, please carefully follow the process is referred to as ‘‘scoping.’’ The proceeding known as an ‘‘intervenor.’’ instructions in the public participation main goal of the scoping process is to Intervenors play a more formal role in section below. focus the analysis in the EA on the the Commission’s proceedings. Among important environmental issues. By this Currently Identified Environmental other things, intervenors have the right Notice of Intent, the Commission Issues to receive copies of case-related requests public comments on the scope Commission documents and filings by of the issues it will address in the EA. We have already identified several other intervenors. Likewise, each All comments received are considered issues that we think deserve attention intervenor must provide 14 copies of its during the preparation of the EA. State based on a preliminary review of the filings to the Secretary of the and local government representatives proposed facilities and the Commission and must send a copy of its are encouraged to notify their environmental information provided by filings to all other parties on the constituents of this proposed action and TransCo. This preliminary list of issues Commission’s service list for this encourage them to comment on their may be changed based on your proceeding. If you want to become an areas of concern. comments and our analysis. The EA will discuss impacts that • Visual impacts on Federal land, intervenor you must file a motion to could occur as a result of the including National Forest. intervene according to Rule 214 of the construction and operation of the • Noise impacts on nearby residents. Commission’s Rules of Practice and proposed project under these general Procedure (18 CFR 385.214) (see 4 headings: Public Participation appendix 2). Only intervenors have the • You can make a difference by right to seek rehearing of the Geology, soils, and groundwater Commission’s decision. • Land use and visual quality providing us with your specific • Cultural resources comments or concerns about the project. Affected landowners and parties with • Socioeconomics By becoming a commentor, your environmental concerns may be granted • Vegetation and wildlife (including concerns will be addressed in the EA intervenor status upon showing good threatened and endangered species) and considered by the Commission. You cause by stating that they have a clear • Air quality and noise should focus on the potential and direct interest in this proceeding • Reliability and safety environmental effects of the proposal, which would not be adequately We will not discuss impacts to the alternatives to the proposal (including represented by any other parties. You do following resource areas since they are alternative locations), and measures to not need intervenor status to have your not present in the project area, or would avoid or lessen environmental impact. environmental comments considered. not be affected by the proposed The more specific your comments, the Environmental Mailing List facilities. more useful they will be. Please This notice is being sent to carefully follow these instructions to individuals, organizations, and 2 The appendices referenced in this notice are not ensure that your comments are received government entities interested in and/or being printed in the Federal Register. Copies of all in time and properly recorded: appendices, other than appendix 1 (maps), are potentially affected by the proposed • Send an original and two copies of available on the Commission’s website at the project. By this notice we are also asking ‘‘eLibrary’’ link or from the Commission(s Public your letter to: Magalie R. Salas, governmental agencies, especially those Reference and Files Maintenance Branch, 888 First Secretary, Federal Energy Regulatory Street, NE., Washington, DC 20426, or call (202) in appendix 3, to express their interest Commission, 888 First St., NE., Room 502–8371. For instructions on connecting to in becoming cooperating agencies for eLibrary refer to the last page of this notice. Copies 1A, Washington, DC 20426. the preparation of the EA. The U.S. of the appendices were sent to all those receiving • Label one copy of the comments for this notice in the mail. the attention of Gas Branch 1. 4 3 ‘‘We,’’ ‘‘us,’’ and ‘‘our’’ refer to the • Interventions may also be filed electronically via environmental staff of the Office of Energy Projects Reference Docket No. CP04–12– the Internet in lieu of paper. See the previous (OEP). 000. discussion on filing comments electronically.

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Bureau of Land Management and the d. Applicant: Pacific Gas and Electric m. A copy of the application is U.S Forest Service have already agreed Company. available for review at the Commission to be cooperating agencies. e. Name of Project: Kern Canyon in the Public Reference Room or may be Hydroelectric Project. viewed on the Commission’s Web site at Additional Information f. Location: On the Kern River, near http://www.ferc.gov using the Additional information about the the Town of Bakersfield, Kern County, ‘‘eLibrary’’ link. Enter the docket project is available from the California. The project occupies number excluding the last three digits in Commission’s Office of External Affairs, approximately 11.26 acres of public the docket number field to access the at 1–866–208–FERC or on the FERC land located within the Sequoia document. For assistance, contact FERC Internet Web site (http://www.ferc.gov) National Forest. Online Support at using the eLibrary link. Click on the g. Filed Pursuant to: Federal Power [email protected] or toll- eLibrary link, click on ‘‘General Search’’ Act, 16 U.S.C. 791(a)–825(r). free at 1–866–208–3676, or for TTY, and enter the docket number excluding h. Applicant Contact: Mr. Randal S. (202) 502–8659. A copy is also available the last three digits in the Docket Livingston, Pacific Gas and Electric for inspection and reproduction at the Number field. Be sure you have selected Company, Power Generation, Mail Code address in item h above. an appropriate date range. For N11E, P.O. Box 770000, San Francisco, You may also register online at assistance with eLibrary, the eLibrary CA 94177 (415) 973–7000. http://www.ferc.gov/docs-filing/ helpline can be reached at 1–866–208– i. FERC Contact: Allison Arnold, (202) esubscription.asp to be notified via 3676, TTY (202) 502–8659, or at 502–6346 or [email protected]. email of new filings and issuances [email protected]. The j. Deadline for filing comments, related to this or other pending projects. eLibrary link on the FERC Internet recommendations, terms and For assistance, contact FERC Online website also provides access to the texts conditions, and prescriptions: 60 days Support. of formal documents issued by the from the issuance of this notice. n. Public notice of the filing of the All documents (original and eight Commission, such as orders, notices, initial development application, which copies) should be filed with: Magalie R. and rulemakings. has already been given, established the Salas, Secretary, Federal Energy In addition, the Commission now due date for filing competing Regulatory Commission, 888 First offers a free service called eSubscription applications or notices of intent. Under Street, NE, Washington, DC 20426. the Commission’s regulations, any which allows you to keep track of all The Commission’s Rules of Practice formal issuances and submittals in competing development application require all intervenors filing documents must be filed in response to and in specific dockets. This can reduce the with the Commission to serve a copy of compliance with public notice of the amount of time you spend researching that document on each person on the initial development application. No proceedings by automatically providing official service list for the project. competing applications or notices of you with notification of these filings, Further, if an intervenor files comments intent may be filed in response to this document summaries and direct links to or documents with the Commission notice. the documents. Go to http:// relating to the merits of an issue that The Commission directs, pursuant to www.ferc.gov/esubscribenow.htm. may affect the responsibilities of a § 4.34(b) of the Regulations (see Order Finally, any public meetings or site particular resource agency, they must No. 533 issued May 8, 1991, 56 FR visits conducted as part of our review of also serve a copy of the document on 23108, May 20, 1991) that all comments, this project will be posted on the that resource agency. recommendations, terms and conditions Commission’s calendar located at Comments, recommendations, terms and prescriptions concerning the http://www.ferc.gov/EventCalendar/ and conditions, and prescriptions may application be filed with the EventsList.aspx along with other related be filed electronically via the Internet in Commission within 60 days from the information. lieu of paper. The Commission strongly issuance date of this notice. All reply Magalie R. Salas, encourages electronic filings. See 18 comments must be filed with the Secretary. CFR 385.2001(a)(1)(iii) and the Commission within 105 days from the instructions on the Commission’s Web date of this notice. [FR Doc. E3–00300 Filed 11–18–03; 8:45 am] site (http://www.ferc.gov) under the All filings must (1) bear in all capital BILLING CODE 6717–01–P ‘‘eFiling’’ link. letters the title ‘‘COMMENTS’’, ‘‘REPLY k. This application has been accepted COMMENTS’’, DEPARTMENT OF ENERGY for filing and is now ready for ‘‘RECOMMENDATIONS,’’ ‘‘TERMS environmental analysis. AND CONDITIONS,’’ or Federal Energy Regulatory l. The Kern Canyon Hydroelectric ‘‘PRESCRIPTIONS;’’ (2) set forth in the Commission Project consists of: (1) An existing 150- heading the name of the applicant and foot-long and 23-foot-high dam; (2) an the project number of the application to Notice of Application Ready for existing 3-acre reservoir having a usable which the filing responds; (3) furnish Environmental Analysis and Soliciting capacity of 27-acre-feet; (3) a 1.58-mile- the name, address, and telephone Comments, Recommendations, Terms long horseshoe shaped tunnel; (4) a 520- number of the person submitting the and Conditions, and Prescriptions foot-long steel penstock varying in filing; and (4) otherwise comply with diameter from 96 inches to 90 inches; the requirements of 18 CFR 385.2001 November 7, 2003. (5) a powerhouse containing one through 385.2005. All comments, Take notice that the following generating unit with an installed recommendations, terms and conditions hydroelectric application has been filed capacity of 9,540 kilowatts; (6) existing or prescriptions must set forth their with the Commission and is available transmission facilities; and (7) evidentiary basis and otherwise comply for public inspection. appurtenant facilities. The project is with the requirements of 18 CFR 4.34(b). a. Type of Application: New Major estimated to generate an average of 67.6 Agencies may obtain copies of the License. gigawatthours annually. The dam and application directly from the applicant. b. Project No.: 178–017. existing project facilities are owned by Each filing must be accompanied by c. Date filed: April 14, 2003. the applicant. proof of service on all persons listed on

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the service list prepared by the also serve a copy of the document on on or before the specified deadline date Commission in this proceeding, in that resource agency. for the particular application. accordance with 18 CFR 4.34(b), and Motions to intervene and protests may All filings must (1) bear in all capital 385.2010. be filed electronically via the Internet in letters the title ‘‘PROTEST’’ or lieu of paper. The Commission strongly ‘‘MOTION TO INTERVENE;’’ (2) set Magalie R. Salas, encourages electronic filings. See 18 forth in the heading the name of the Secretary. CFR 385.2001(a)(1)(iii) and the applicant and the project number of the [FR Doc. E3–00302 Filed 11–18–03; 8:45 am] instructions on the Commission’s Web application to which the filing BILLING CODE 6717–01–P site (http://www.ferc.gov) under the ‘‘e- responds; (3) furnish the name, address, Filing’’ link. and telephone number of the person k. This application has been accepted, protesting or intervening; and (4) DEPARTMENT OF ENERGY but is not ready for environmental otherwise comply with the requirements analysis at this time. of 18 CFR 385.2001 through 385.2005. Federal Energy Regulatory l. The project includes two Agencies may obtain copies of the Commission developments with a total authorized application directly from the applicant. capacity of 1,755 megawatts (MW) as Notice of Application Accepted for A copy of any protest or motion to follows: intervene must be served upon each Filing and Soliciting Motions To (a) The Wanapum development Intervene and Protest representative of the applicant specified consisting of a dam 186.5 feet high and in the particular application. November 7, 2003. 8,637 feet long with upstream fish Take notice that the following passage facilities, a reservoir with an Magalie R. Salas, hydroelectric application has been filed approximate surface area of 14,680 Secretary. with the Commission and is available acres, a powerhouse with ten turbine- [FR Doc. E3–00304 Filed 11–18–03; 8:45 am] for public inspection. generator units with a total nameplate BILLING CODE 6717–01–P a. Type of Application: New Major capacity of 900 MW, transmission lines, License. and appurtenant facilities. b. Project No.: 2114–116. (b) The Priest Rapids development DEPARTMENT OF ENERGY c. Date Filed: October 29, 2003. consisting of a dam 179.5 feet high and d. Applicant: Public Utility District 10,103 feet long with upstream fish Federal Energy Regulatory No. 2 of Grant County, WA. passage facilities, a reservoir with an Commission e. Name of Project: Priest Rapids approximate surface area of 7,725 acres, Hydroelectric Project. a powerhouse with ten turbine- Notice of Application Accepted for f. Location: On the Columbia River in generator units with a total nameplate Filing and Soliciting Motions To portions of Grant, Yakima, Kittitas, capacity of 855 MW, transmission lines, Intervene and Protests Douglas, Benton, and Chelan counties, and appurtenant facilities. November 7, 2003. m. A copy of the application is Washington. The project occupies Take notice that the following available for review at the Commission federal lands managed by the U.S. hydroelectric application has been filed in the Public Reference Room or may be Bureau of Land Management, U.S. with the Commission and is available viewed on the Commission’s Web site at Bureau of Reclamation, U.S. Department for public inspection. of Energy, U.S. Department of the Army, http://www.ferc.gov using the a. Type of Application: New Minor and U.S. Fish and Wildlife Service. ‘‘eLibrary’’ link. Enter the docket License. g. Filed Pursuant to: Federal Power number excluding the last three digits in b. Project No.: 2601–007. Act 16 U.S.C. 791(a)–825(r). the docket number field to access the c. Date filed: July 22, 2003. h. Applicant Contact: Ms. Laurel document. For assistance, contact FERC d. Applicant: Duke Power. Heacock, Licensing Manager, Public Online Support at e. Name of Project: Bryson Utility District No. 2 of Grant County, 30 [email protected] or toll- Hydroelectric Project. C Street S.W., Ephrata, Washington free at 1–866–208–3676, or for TTY, f. Location: The Bryson Project is 98823, telephone (509) 754–6622. (202) 502–8659. A copy is also available located on the Oconaluftee River in i. FERC Contact: Charles Hall, for inspection and reproduction at the Swain County, North Carolina. The telephone (202) 502–6853, e-mail address in item h above. project does not affect federal lands. [email protected]. You may also register online at g. Filed Pursuant to: Federal Power j. Deadline for filing motions to http://www.ferc.gov/docs-filing/ Act, 16 U.S.C. 791(a)–825(r). intervene and protests: 60 days from the esubscription.asp to be notified via e- h. Applicant Contact: Mr. Jeffrey G. issuance date of this notice. mail of new filings and issuances Lineberger; Manager, Hydro Licensing, All documents (original and eight related to this or other pending projects. Duke Power, 526 South Church Street, copies) should be filed with: Magalie R. For assistance, contact FERC Online PO Box 1006, Charlotte, NC 28201– Salas, Secretary, Federal Energy Support. 1006. Regulatory Commission, 888 First n. Anyone may submit a protest or a i. FERC Contacts: Lee Emery at (202) Street, NE, Washington, DC 20426. motion to intervene in accordance with 502–8379 or [email protected]; and The Commission’s Rules of Practice the requirements of Rules of Practice Carolyn Holsopple at (202) 502–6407 or require all intervenors filing documents and Procedure, 18 CFR 385.210, [email protected]. with the Commission to serve a copy of 385.211, and 385.214. In determining j. Deadline for filing motions to that document on each person on the the appropriate action to take, the intervene and protests: 60 days from the official service list for the project. Commission will consider all protests issuance date of this notice. Further, if an intervenor files comments filed, but only those who file a motion All documents (original and eight or documents with the Commission to intervene in accordance with the copies) should be filed with: Magalie R. relating to the merits of an issue that Commission’s Rules may become a Salas, Secretary, Federal Energy may affect the responsibilities of a party to the proceeding. Any protests or Regulatory Commission, 888 First particular resource agency, they must motions to intervene must be received Street, NE., Washington, DC 20426.

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The Commission’s Rules of Practice [email protected] or toll- a. Type of Application: New Minor require all intervenors filing documents free at 1–866–208–3676, or for TTY, License. with the Commission to serve a copy of (202) 502–8659. A copy is also available b. Project No.: 2602–005. that document on each person on the for inspection and reproduction at the c. Date filed: July 22, 2003. official service list for the project. address in item h above. d. Applicant: Duke Power. Further, if an intervenor files comments You may also register online at e. Name of Project: Dillsboro or documents with the Commission http://www.ferc.gov/docs-filing/ Hydroelectric Project. relating to the merits of an issue that esubscription.asp to be notified via f. Location: The Dillsboro Project is may affect the responsibilities of a email of new filings and issuances located on the Tuckasegee River in particular resource agency, they must related to this or other pending projects. Jackson County, North Carolina. The also serve a copy of the document on For assistance, contact FERC Online project does not affect federal lands. that resource agency. Support. g. Filed Pursuant to: Federal Power Motions to intervene and protests may n. Anyone may submit a protest or a Act, 16 U.S.C. 791(a)–825(r). be filed electronically via the Internet in motion to intervene in accordance with h. Applicant Contact: Mr. Jeffrey G. lieu of paper. The Commission strongly the requirements of Rules of Practice Lineberger; Manager, Hydro Licensing. encourages electronic filings. See 18 and Procedure, 18 CFR 385.210, Duke Power. 526 South Church Street, CFR 385.2001(a)(1)(iii) and the 385.211, and 385.214. In determining PO Box 1006, Charlotte, NC 28201– instructions on the Commission’s Web the appropriate action to take, the 1006. site (http://www.ferc.gov) under the ‘‘e- Commission will consider all protests i. FERC Contacts: Lee Emery at (202) Filing’’ link. filed, but only those who file a motion 502–8379 or [email protected]; and k. This application has been accepted to intervene in accordance with the Carolyn Holsopple at (202) 502–6407 or for filing, but is not ready for Commission’s Rules may become a [email protected]. environmental analysis at this time. party to the proceeding. Any protests or j. Deadline for filing motions to l. The existing Bryson Hydroelectric motions to intervene must be received intervene and protests: 60 days from the Project operates in a run-of-river mode, on or before the specified deadline date issuance date of this notice. within a 6-inch tolerance band. Project for the particular application. All documents (original and eight operation is dependent on available When the application is ready for copies) should be filed with: Magalie R. flow in the Oconaluftee River. The environmental analysis, the Salas, Secretary, Federal Energy project consists of the following Commission will issue a public notice Regulatory Commission, 888 First features: (1) A 341-foot-long, 36-foot- requesting comments, Street, NE, Washington, DC 20426. high concrete multiple arch dam, recommendations, terms and The Commission’s Rules of Practice consisting of, from left to right facing conditions, or prescriptions. require all intervenors filing documents downstream, (a) a concrete, non- All filings must (1) bear in all capital with the Commission to serve a copy of overflow section, (b) two gravity letters the title ‘‘PROTEST’’ or that document on each person on the spillway sections, each surmounted by ‘‘MOTION TO INTERVENE’’; (2) set official service list for the project. a 16.5-foot-wide by 16-foot-high Tainter forth in the heading the name of the Further, if an intervenor files comments gate, and (c) an uncontrolled multiple- applicant and the project number of the or documents with the Commission arch spillway with four bays; (2) a 1.5- application to which the filing relating to the merits of an issue that mile-long, 38-acre impoundment at responds; (3) furnish the name, address, may affect the responsibilities of a elevation 1828.41 mean sea level (msl); and telephone number of the person particular resource agency, they must (3) two intake bays, each consisting of protesting or intervening; and (4) also serve a copy of the document on an 8.5-foot-diameter steel intake pipe otherwise comply with the requirements that resource agency. with a grated trashrack having a clear of 18 CFR 385.2001 through 385.2005. Motions to intervene and protests may bar spacing of between 2.25 to 2.5 Agencies may obtain copies of the be filed electronically via the Internet in inches; (4) a powerhouse having a brick application directly from the applicant. lieu of paper. The Commission strongly and concrete superstructure and A copy of any protest or motion to encourages electronic filings. See 18 concrete substructure, containing two intervene must be served upon each CFR 385.2001(a)(1)(iii) and the turbine/generating units, having a total representative of the applicant specified instructions on the Commission’s Web installed capacity of 980 kilowatts (kW); in the particular application. site (http://www.ferc.gov) under the ‘‘e- (5) a switchyard, with three single- Filing’’ link. phased transformers; and Magalie R. Salas, k. This application has been accepted (6) appurtenant facilities. Secretary. for filing, but is not ready for Duke Power estimates that the average [FR Doc. E3–00305 Filed 11–18–03; 8:45 am] environmental analysis at this time. annual generation is 5,534,230 kilowatt BILLING CODE 6717–01–P l. The existing Dillsboro Hydroelectric hours (kWh). Duke Power uses the Project operates in a run-of-river mode, Bryson Project facilities to generate within a 6-inch tolerance band. Project electricity for use by retail customers DEPARTMENT OF ENERGY operation is dependent on available living in the Duke Power-Nantahala flow in the Tuckasegee River, which is Federal Energy Regulatory Area. dependent on Duke Power’s East Fork m. A copy of the application is Commission (FERC No. 2698) and West Fork (FERC available for review at the Commission Notice of Application Accepted for No. 2686) Tuckasegee River projects. in the Public Reference Room or may be Filing and Soliciting Motions To The Dillsboro Project consists of the viewed on the Commission’s Web site at Intervene and Protests following features: (1) A 310-foot-long, http://www.ferc.gov using the 12-foot-high concrete masonry dam, ‘‘eLibrary’’ link. Enter the docket November 7, 2003. consisting of, from left to right facing number excluding the last three digits in Take notice that the following downstream, (a) a concrete, non- the docket number field to access the hydroelectric application has been filed overflow section, (b) a 14-foot-long document. For assistance, contact FERC with the Commission and is available uncontrolled spillway section, (c) a 20- Online Support at for public inspection. foot-long spillway section with two 6-

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foot-wide spill gates, (d) a 197-foot-long applicant and the project number of the or documents with the Commission uncontrolled spillway section, (e) an 80- application to which the filing relating to the merits of an issue that foot-long intake section, and (f) a responds; (3) furnish the name, address, may affect the responsibilities of a concrete, non-overflow section; (2) a and telephone number of the person particular resource agency, they must 0.8-mile-long, 15-acre impoundment at protesting or intervening; and (4) also serve a copy of the document on elevation 1972.00 msl; (3) two intake otherwise comply with the requirements that resource agency. bays, each consisting of a reinforced of 18 CFR 385.2001 through 385.2005. Motions to intervene and protests may concrete flume and grated trashracks Agencies may obtain copies of the be filed electronically via the Internet in having a clear bar spacing varying from application directly from the applicant. lieu of paper. The Commission strongly 2.0 to 3.38 inches; (4) a powerhouse A copy of any protest or motion to encourages electronic filings. See 18 having a reinforced concrete intervene must be served upon each CFR 385.2001(a)(1)(iii) and the substructure and a wood/steel representative of the applicant specified instructions on the Commission’s Web superstructure, containing two turbine/ in the particular application. site (http://www.ferc.gov) under the ‘‘e- generating units, having a total installed Filing’’ link. capacity of 225 kW; (5) a switchyard, Magalie R. Salas, k. This application has been accepted with three single-phased transformers; Secretary. for filing, but is not ready for and (6) appurtenant facilities. [FR Doc. E3–00306 Filed 11–18–03; 8:45 am] environmental analysis at this time. Duke Power estimates that the average BILLING CODE 6717–01–P l. The existing Franklin Hydroelectric annual generation is 912, 330 Kwh. Project operates in a run-of-river mode, Duke Power uses the Dillsboro Project within a 6-inch tolerance band. Project facilities to generate electricity for use DEPARTMENT OF ENERGY operation is dependent on available by retail customers living in the Duke flow in the Little Tennessee River. The Power-Nantahala Area. Federal Energy Regulatory Franklin Project consists of the m. A copy of the application is Commission following features: (1) A 462.5-foot-long, available for review at the Commission 35.5-foot-high concrete masonry dam, in the Public Reference Room or may be Notice of Application Accepted for consisting of, from left to right facing viewed on the Commission’s Web site at Filing and Soliciting Motions To downstream, (a) a 15-foot-long non- http://www.ferc.gov using the Intervene and Protests overflow section, (b) a 54-foot-long ‘‘eLibrary’’ link. Enter the docket November 7, 2003. ungated Ogee spillway, (c) a 181.5-foot- number excluding the last three digits in Take notice that the following long gated spillway section, having six the docket number field to access the hydroelectric application has been filed gated, ogee spillway bays, (d) a 54-foot- document. For assistance, contact FERC with the Commission and is available long ungated Ogee spillway, (e) a 25- Online Support at for public inspection. foot-long non-overflow section, and (f) a [email protected] or toll- a. Type of Application: New Minor 70-foot-long non-overflow section; (2) a free at 1–866–208–3676, or for TTY, License. 4.6-mile-long, 174-acre impoundment at (202) 502–8659. A copy is also available b. Project No.: 2603–012. elevation 2000.22 msl; (3) three intake for inspection and reproduction at the c. Date filed: July 22, 2003. bays, each consisting of a flume and address in item h above. d. Applicant: Duke Power. grated trashracks having a clear bar You may also register online at e. Name of Project: Franklin spacing of 3 inches; (4) a powerhouse http://www.ferc.gov/docs-filing/ Hydroelectric Project. having a reinforced concrete esubscription.asp to be notified via f. Location: The Franklin Project is substructure and a brick superstructure, email of new filings and issuances located on the Little Tennessee River in containing two turbine/generating units, related to this or other pending projects. Macon County, North Carolina. The having a total installed capacity of 1.040 For assistance, contact FERC Online project does not affect federal lands. kW; (5) a switchyard, with a single Support. g. Filed Pursuant to: Federal Power three-phase transformer; and (6) n. Anyone may submit a protest or a Act, 16 U.S.C. 791(a)–825(r). appurtenant facilities. motion to intervene in accordance with h. Applicant Contact: Mr. Jeffrey G. Duke Power estimates that the average the requirements of Rules of Practice Lineberger; Manager, Hydro Licensing. annual generation is 5.313.065 kWh. and Procedure, 18 CFR 385.210, Duke Power. 526 South Church Street, Duke Power uses the Franklin Project 385.211, and 385.214. In determining PO Box 1006, Charlotte, NC 28201– facilities to generate electricity for use the appropriate action to take, the 1006. by retail customers living in the Duke Commission will consider all protests i. FERC Contacts: Lee Emery at (202) Power-Nantahala Area. filed, but only those who file a motion 502–8379 or [email protected]; and m. A copy of the application is to intervene in accordance with the Carolyn Holsopple at (202) 502–6407 or available for review at the Commission Commission’s Rules may become a [email protected]. in the Public Reference Room or may be party to the proceeding. Any protests or j. Deadline for filing motions to viewed on the Commission’s Web site at motions to intervene must be received intervene and protests: 60 days from the http://www.ferc.gov using the on or before the specified deadline date issuance date of this notice. ‘‘eLibrary’’ link. Enter the docket for the particular application. All documents (original and eight number excluding the last three digits in When the application is ready for copies) should be filed with: Magalie R. the docket number field to access the environmental analysis, the Salas, Secretary, Federal Energy document. For assistance, contact FERC Commission will issue a public notice Regulatory Commission, 888 First Online Support at requesting comments, Street, NE., Washington, DC 20426. [email protected] or toll- recommendations, terms and The Commission’s Rules of Practice free at 1–866–208–3676, or for TTY, conditions, or prescriptions. require all intervenors filing documents (202) 502–8659. A copy is also available All filings must (1) bear in all capital with the Commission to serve a copy of for inspection and reproduction at the letters the title ‘‘PROTEST’’ or that document on each person on the address in item h above. ‘‘MOTION TO INTERVENE’’; (2) set official service list for the project. You may also register online at forth in the heading the name of the Further, if an intervenor files comments http://www.ferc.gov/docs-filing/

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esubscription.asp to be notified via f. Location: The Mission Project is (4) a powerhouse consisting of a email of new filings and issuances located on the Hiwassee River in Clay reinforced concrete substructure and a related to this or other pending projects. County, North Carolina. The project brick superstructure, containing three For assistance, contact FERC Online does not affect federal lands. turbine/generating units, having a total Support. g. Filed Pursuant to: Federal Power installed capacity of 1,800 kW; (5) a n. Anyone may submit a protest or a Act, 16 U.S.C. 791(a)–825(r). switchyard, with a single three-phase motion to intervene in accordance with h. Applicant Contact: Mr. Jeffrey G. transformer; and (6) appurtenant the requirements of Rules of Practice Lineberger; Manager, Hydro Licensing. facilities. and Procedure, 18 CFR 385.210, Duke Power. 526 South Church Street, Duke Power estimates that the average 385.211, and 385.214. In determining PO Box 1006, Charlotte, NC 28201– annual generation is 8,134,370 kWh. the appropriate action to take, the 1006. Duke Power uses the Mission Project Commission will consider all protests i. FERC Contacts: Lee Emery at (202) facilities to generate electricity for use filed, but only those who file a motion 502–8379 or [email protected]; and by retail customers living in the Duke to intervene in accordance with the Carolyn Holsopple at (202) 502–6407 or Power-Nantahala Area. Commission’s Rules may become a [email protected]. m. A copy of the application is party to the proceeding. Any protests or j. Deadline for filing motions to available for review at the Commission motions to intervene must be received intervene and protests: 60 days from the in the Public Reference Room or may be on or before the specified deadline date issuance date of this notice. viewed on the Commission’s Web site at for the particular application. All documents (original and eight http://www.ferc.gov using the When the application is ready for copies) should be filed with: Magalie R. ‘‘eLibrary’’ link. Enter the docket environmental analysis, the Salas, Secretary, Federal Energy number excluding the last three digits in Commission will issue a public notice Regulatory Commission, 888 First the docket number field to access the requesting comments, Street, NE., Washington, DC 20426. document. For assistance, contact FERC recommendations, terms and The Commission’s Rules of Practice Online Support at conditions, or prescriptions. require all intervenors filing documents [email protected] or toll- All filings must (1) bear in all capital with the Commission to serve a copy of free at 1–866–208–3676, or for TTY, letters the title ‘‘PROTEST’’ or that document on each person on the (202) 502–8659. A copy is also available ‘‘MOTION TO INTERVENE’’; (2) set official service list for the project. for inspection and reproduction at the forth in the heading the name of the Further, if an intervenor files comments address in item h above. applicant and the project number of the or documents with the Commission You may also register online at application to which the filing relating to the merits of an issue that http://www.ferc.gov/docs-filing/ responds; (3) furnish the name, address, may affect the responsibilities of a esubscription.asp to be notified via and telephone number of the person particular resource agency, they must email of new filings and issuances protesting or intervening; and (4) also serve a copy of the document on related to this or other pending projects. otherwise comply with the requirements that resource agency. For assistance, contact FERC Online of 18 CFR 385.2001 through 385.2005. Motions to intervene and protests may Support. Agencies may obtain copies of the be filed electronically via the Internet in n. Anyone may submit a protest or a application directly from the applicant. lieu of paper. The Commission strongly motion to intervene in accordance with A copy of any protest or motion to encourages electronic filings. See 18 the requirements of Rules of Practice intervene must be served upon each CFR 385.2001(a)(1)(iii) and the and Procedure, 18 CFR 385.210, representative of the applicant specified instructions on the Commission’s Web 385.211, and 385.214. In determining in the particular application. site (http://www.ferc.gov) under the ‘‘e- the appropriate action to take, the Filing’’ link. Commission will consider all protests Magalie R. Salas, k. This application has been accepted filed, but only those who file a motion Secretary. for filing, but is not ready for to intervene in accordance with the [FR Doc. E3–00307 Filed 11–18–03; 8:45 am] environmental analysis at this time. Commission’s Rules may become a BILLING CODE 6717–01–P l. The existing Mission Hydroelectric party to the proceeding. Any protests or Project operates in a run-of-river mode, motions to intervene must be received within a 6-inch tolerance band. Project on or before the specified deadline date DEPARTMENT OF ENERGY operation is dependent on available for the particular application. flow in the Hiwassee River, which is When the application is ready for Federal Energy Regulatory regulated by TVA’s Chatuge dam environmental analysis, the Commission located approximately 15 miles Commission will issue a public notice upstream. The Mission Project consists requesting comments, Notice of Application Accepted for of the following features: (1) A 397-foot- recommendations, terms and Filing and Soliciting Motions To long, 50-foot-high concrete gravity dam, conditions, or prescriptions. Intervene and Protests consisting of, from left to right facing All filings must (1) bear in all capital November 7, 2003. downstream, (a) three bulkhead letters the title ‘‘PROTEST’’ or Take notice that the following sections, (b) seven ogee spillway ‘‘MOTION TO INTERVENE’’; (2) set hydroelectric application has been filed sections, surmounted by 14-foot-high by forth in the heading the name of the with the Commission and is available 16-foot-wide gates, (c) four bulkhead applicant and the project number of the for public inspection. sections, (d) a powerhouse intake application to which the filing a. Type of Application: New Major structure, and (e) four bulkhead responds; (3) furnish the name, address, License. sections; (2) a 47-acre impoundment at and telephone number of the person b. Project No.: 2619–012. elevation 1658.17 msl; (3) three intake protesting or intervening; and (4) c. Date filed: July 22, 2003. bays, each consisting of an 8-foot- otherwise comply with the requirements d. Applicant: Duke Power. diameter steel-cased penstock and a of 18 CFR 385.2001 through 385.2005. e. Name of Project: Mission grated trashrack having a clear bar Agencies may obtain copies of the Hydroelectric Project. spacing of between 2.25 to 2.5 inches; application directly from the applicant.

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A copy of any protest or motion to proceedings in Docket Nos. RP96–200– DEPARTMENT OF ENERGY intervene must be served upon each 092 et al. are subject to the ex parte representative of the applicant specified rules, only information that has been Federal Energy Regulatory in the particular application. publicly filed with the Commission or is Commission Magalie R. Salas, publicly presented at this technical and [Docket No. CP03–75–000] Secretary. settlement conference will be Freeport LNG Development, L.P.; [FR Doc. E3–00308 Filed 11–18–03; 8:45 am] considered by the Commission in resolving those dockets. Parties to the Notice of Meeting on the Draft BILLING CODE 6717–01–P above captioned dockets desiring Environmental Impact Statement for further information should contact John the Freeport LNG Project DEPARTMENT OF ENERGY M. Robinson of the advisory staff at November 7, 2003. (202) 502–6808, or Stuart Fischer of the On December 9, 2003, the staff of the Federal Energy Regulatory enforcement staff at (202) 502–8517. Commission Federal Energy Regulatory Commission Magalie R. Salas, (Commission) will conduct a public [Docket Nos. RP96–200–092, RP96–200– Secretary. meeting to receive comments on the 097, RP96–200–101, RP96–200–102, RP96– draft environmental impact statement [FR Doc. E3–00316 Filed 11–18–03; 8:45 am] 200–103, RP96–200–104, RP96–200–105, (DEIS) for the Freeport LNG Project. RP96–200–106, RP96–200–107, RP96–200– BILLING CODE 6717–01–P 108, RP96–200–110, RP96–200–111, RP96– The meeting will be held at the Lake 200–113, RP96–200–114 and IN03–11–000] Jackson Civic Center, which is located at 333 Highway 332 East in Lake Jackson, DEPARTMENT OF ENERGY CenterPoint Energy Gas Transmission Texas. The meeting will start at 7 p.m. Company; Notice of Technical and Federal Energy Regulatory The Executive Summary of the DEIS, Settlement Conference which was unintentionally omitted from Commission the recently issued DEIS, is being November 12, 2003. mailed to everyone on the The Commission staff will hold a [Docket Nos. CP03–302–000, CP03–303– environmental mailing list and the combined technical and settlement 000, CP03–304–000, PF03–1–000 and CP03– service list for this project. conference in the captioned dockets on 301–000] For additional information, please November 19, 2003, beginning at 10 contact the Commission’s Office of a.m. at the Commission’s headquarters Cheyenne Plains Gas Pipeline External Affairs at 1–866–208–FERC. at 888 First St. NE., Washington, DC, in Company and Colorado Interstate Gas a room to be established. The technical Company; Notice of Site Visit Magalie R. Salas, conference will discuss issues raised by Secretary. the September 15, 2003 Order in Docket November 12, 2003. [FR Doc. E3–00299 Filed 11–18–03; 8:45 am] Nos. RP96–200–092, et al., (104 FERC On November 19, 2003, the staff of the BILLING CODE 6717–01–P ¶ 61,280), which directed CenterPoint Office of Energy Projects, staff of the Energy Transmission Company (CEGT) City of Brush!, Colorado, and to file certain tariff provisions and to representatives of Cheyenne Plains Gas DEPARTMENT OF ENERGY modify certain non-conforming gas Pipeline and Colorado Interstate Gas transportation agreements. The Federal Energy Regulatory Pipeline Companies will conduct a site settlement conference will discuss the Commission visit of the proposed Cheyenne Plains show cause Order issued September 15, [Docket No. RM98–1–000] 2003, in Docket No. IN03–11–000, (104 Gas Pipeline Project. The site visit will specifically focus on the City of Brush!/ FERC ¶ 61,281), which required CEGT Records Governing Off-the-Record Morgan County Water Quality District to show cause why its failure to report Communications; Public Notice and post all of the non-conforming Well Field Route Variation, which is terms and conditions in its negotiated described in the Cheyenne Plains Draft November 7, 2003. rate contracts does not violate certain Environmental Impact Statement, which This constitutes notice, in accordance provisions of the Natural Gas Act, the was issued on September 30, 2003. with 18 CFR 385.2201(b), of the receipt Commission’s regulations and CEGT’s All interested parties may attend. of exempt and prohibited off-the-record negotiated rate authority. Those planning to attend must provide communications. Because the issues in all of the above their own transportation. Interested Order No. 607 (64 FR 51222, captioned dockets are closely related, parties can meet staff at the Brush! City September 22, 1999) requires Commission staff believes that the Hall, located at Edison and Carson, in Commission decisional employees, who discussion of these issues at a public make or receive an exempt or prohibited Brush!, Colorado at 10:15 a.m. We will technical and settlement conference, off-the-record communication relevant depart to the route variation promptly at open to interested parties to the docket to the merit’s of a contested on-the- 10:30 a.m. and Commission staff, will assist in an record proceeding, to deliver a copy of efficient resolution of these matters. For further information, please the communication, if written, or a Staff notes that, while the Commission’s contact the Office of External Affairs at summary of the substance of any oral ex parte rules apply to the proceedings (202) 502–6088 or toll free at 1–866– communication, to the Secretary. in Docket Nos. RP96–200–092, et al., 208–3372. Prohibited communications will be (See 18 CFR 385.2201(b) and (c)(1)), included in a public, non-decisional file they do not apply to the Show Cause Magalie R. Salas, associated with, but not a part of, the docket because it is an investigative Secretary. decisional record of the proceeding. proceeding with no parties (See 18 CFR [FR Doc. E3–00321 Filed 11–18–03; 8:45 am] Unless the Commission determines that 1b.9, 1b.11, 385.2201(b) and BILLING CODE 6717–01–P the prohibited communication and any 385.2201(c)(2)). Because the responses thereto should become a part

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of the decisional record, the prohibited communication shall serve the The communications listed are grouped off-the-record communication will not document on all parties listed on the by docket numbers. These filings are be considered by the Commission in official service list for the applicable available for review at the Commission reaching its decision. Parties to a proceeding in accordance with Rule in the Public Reference Room or may be proceeding may seek the opportunity to 2010, 18 CFR 385.2010. viewed on the Commission’s Web site at respond to any facts or contentions Exempt off-the-record http://www.ferc.gov using the eLibrary made in a prohibited off-the-record communications will be included in the (FERRIS) link. Enter the docket number communication, and may request that decisional record of the proceeding, excluding the last three digits in the the Commission place the prohibited unless the communication was with a docket number field to access the communication and responses thereto cooperating agency as described by 40 document. For Assistance, please in the decisional record. The CFR 1501.6, made under 18 CFR contact FERC, Online Support at Commission will grant such a request 385.2201(e)(1)(v). [email protected] or toll only when it determines that fairness so The following is a list of prohibited free at (866) 208–3676, or for TTY, requires. Any person identified below as and exempt communications recently contact (202) 502–8659. having made a prohibited off-the-record received in the Office of the Secretary. Exempt:

Docket No. Date filed Presenter or requester

1. Project Nos. 2000–000, 2216–000 ...... 10–08–03 Hon. Bradley H. Jones, Jr. 2. Project Nos. 2000–000, 2216–000 ...... 10–20–03 Hon. Patrick Leahy, Hon. James Jeffords, Hon. Bernard Sand- ers. 3. Docket Nos. CP02–90–000, CP01–409–000 ...... 10–26–03 James Martin/Charles Brown (Meeting Record). 4. Docket No. CP02–396–000 ...... 11–4–03 Hon. Robert C. Byrd (Ltr. from Retha Warren). 5. Docket No. CP01–49–000 ...... 11–4–03 Howard Knight (Meeting Record). 6. Docket Nos. EL02–28–000, et al., EL02–60–000, et al., 11–5–03 Hon. Maria Cantwell, Hon Gordon Smith, Hon. Harry Reid, EL02–80–000, et al. Hon. Ron Wyden, Hon. Barbara Boxer, Hon. Dianne Fein- stein.

Magalie R. Salas, information collection as described public docket is available through EPA Secretary. below. Dockets (EDOCKET) at http:// www.epa.gov/edocket. Use EDOCKET to [FR Doc. E3–00309 Filed 11–18–03; 8:45 am] DATES: Comments must be submitted on BILLING CODE 6717–01–P or before January 20, 2004. obtain a copy of the draft collection of information, submit or view public ADDRESSES: Submit your comments, comments, access the index listing of referencing docket ID number OAR– the contents of the public docket, and to ENVIRONMENTAL PROTECTION 2003–0213, to EPA online using access those documents in the public AGENCY EDOCKET (our preferred method), by e- docket that are available electronically. mail to [email protected], or by Once in the system, select ‘‘search,’’ [OAR–2003–0176, FRL–7588–5] mail to: EPA Docket Center, then key in the docket ID number Environmental Protection Agency, identified above. Agency Information Collection Office of Air and Radiation Docket, Mail Any comments related to this ICR Activities: Continuing Collection; Code 6102T, 1200 Pennsylvania Ave., Comment Request; Reformulated should be submitted to EPA within 60 NW., Washington, DC 20460. days of this notice. EPA’s policy is that Gasoline and Conventional Gasoline: FOR FURTHER INFORMATION CONTACT: Jose Requirements for Refiners, Oxygenate public comments, whether submitted M. Solar, Office of Transportation and electronically or in paper, will be made Blenders, and Importers of Gasoline; Air Quality, Mail Code 6406J, Requirements for Parties in the available for public viewing in Environmental Protection Agency, 1200 EDOCKET as EPA receives them and Gasoline Distribution Network (40 CFR Pennsylvania Ave., NW., Washington, 80—Subparts D, E and F) EPA ICR without change, unless the comment DC 20460; telephone number: (202) contains copyrighted material, CBI, or Number 1591.15, OMB Control 564–9027; fax number: (202) 565–2084; Number. 2060–0277 other information whose public e-mail address: [email protected]. disclosure is restricted by statute. When AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION: EPA has EPA identifies a comment containing Agency. established a public docket for this ICR copyrighted material, EPA will provide ACTION: Notice. under Docket ID number OAR–2003– a reference to that material in the 0213, which is available for public version of the comment that is placed in SUMMARY: In compliance with the viewing at the Office of Air and EDOCKET. The entire printed comment, Paperwork Reduction Act (44 U.S.C. Radiation Docket in the EPA Docket including the copyrighted material, will 3501 et seq.), this document announces Center (EPA/DC), EPA West, Room be available in the public docket. that EPA is planning to submit a B102, 1301 Constitution Ave., NW., Although identified as an item in the proposed Information Collection Washington, DC. The EPA Docket official docket, information claimed as Request (ICR) to the Office of Center Public Reading Room is open CBI, or whose disclosure is otherwise Management and Budget (OMB). This is from 8:30 a.m. to 4:30 p.m., Monday restricted by statute, is not included in a request to renew an existing approved through Friday, excluding legal the official public docket, and will not collection. This ICR is scheduled to holidays. The telephone number for the be available for public viewing in expire on 4–30–04. Before submitting Reading Room is (202) 566–1744, and EDOCKET. For further information the ICR to OMB for review and the telephone number for the Office of about the electronic docket, see EPA’s approval, EPA is soliciting comments on Air and Radiation Docket is (202) 566– Federal Register notice describing the specific aspects of the proposed 1742. An electronic version of the electronic docket at 67 FR 38102 (May

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31, 2002), or go to http://www.epa.gov./ information technology, e.g., permitting ENVIRONMENTAL PROTECTION edocket. electronic submission of responses. AGENCY Affected Entities: Entities potentially Burden Statement: EPA estimates the affected by this action are those which respondent population at 75 RFG [FRL–7588–3] produce, import, or distribute gasoline. refineries, 25 RFG import facilities, 25 Title: Reformulated Gasoline and RFG oxygenate blenders, 225 CG National Advisory Council for Conventional Gasoline: Requirements refineries, 50 CG import facilities, 250 Environmental Policy and Technology for Refiners, Oxygenate Blenders, and (NACEPT) Superfund Subcommittee pipelines and terminals, 500 truckers, Importers of Gasoline; Requirements for Meeting 19 independent laboratories, 20 Parties in the Gasoline Distribution Network (40 CFR 80—Subparts D, E and auditors, and the RFG Survey AGENCY: Environmental Protection F), EPA ICR No. 1591.13, OMB Control Association, Inc. The typical RFG or CG Agency (EPA). respondent will have around 100 to 130 No. 2060–0277, expiration date: 4–30– ACTION: Notification of public advisory 04. reports per year, depending primarily on the number of batches of gasoline NACEPT subcommittee on Superfund; Abstract: Gasoline combustion is the open meeting. major source of air pollution in most involved. The total number of reports is estimated at 53,170 and the total burden urban areas. The Clean Air Act (Act) SUMMARY: Pursuant to the Federal requires that gasoline dispensed in at 101,585 hours. While this gives an Advisory Committee Act, Public Law certain areas with severe air quality average burden per report of about two 92–463, notice is hereby given that the problems be reformulated to reduce hours, about 95% of the reports have an Superfund Subcommittee, a toxic and ozone-forming (smog) estimated burden of one hour. At $65 subcommittee of the National Advisory emissions. The Act also requires that in per hour, the labor cost is about $6.6 Council for Environmental Policy and the process of producing reformulated million. Most start-up costs were Technology (NACEPT), will meet on the gasoline (RFG), dirty components incurred at the start of the program in dates and times described below. The removed in the reformulation process 1995. However, there is an estimated meeting is open to the public. Seating not be ‘‘dumped’’ into the remainder of annualized capital cost for analysis will be on a first-come basis, and the country’s gasoline, known as equipment of $4.8 million. Annual limited time will be provided for public conventional gasoline (CG). The EPA operating and maintenance costs are comment on each day. promulgated regulations at 40 CFR 80 estimated at about $5 million, and establishing standards for RFG and CG, DATES: The meeting will be held from annual purchase of services costs are 8:30 a.m. to 6 p.m. on December 9, 2003; as specified in the Act, and establishing estimated at about $13.2 million. mandatory reporting and record keeping from 8:30 a.m. to 6 p.m. on December Burden means the total time, effort, or 10, 2003; and 8:30 a.m. to 1 p.m. on requirements for demonstrating financial resources expended by persons compliance and as an aid to December 11, 2003. to generate, maintain, retain, or disclose enforcement. The primary requirements ADDRESSES: or provide information to or for a The meeting will take place are to test each batch of gasoline for at the Hilton Crystal City at National Federal agency. This includes the time various properties, report the results to Airport, 2399 Jefferson Davis Highway, needed to review instructions; develop, EPA, and demonstrate compliance with Arlington, VA 22202. the standards on an annual basis. An acquire, install, and utilize technology FOR FURTHER INFORMATION CONTACT: agency may not conduct or sponsor, and and systems for the purposes of Angelo Carasea, Designated Federal a person is not required to respond to, collecting, validating, and verifying Officer for the NACEPT Superfund a collection of information unless it information, processing and Subcommittee, Office of Superfund displays a currently valid OMB control maintaining information, and disclosing Remediation and Technology number. The OMB control numbers for and providing information; adjust the Innovation, Office of Solid Waste and EPA’s regulations in 40 CFR are listed existing ways to comply with any Emergency Response, MC 5204G, 1200 in 40 CFR part 9. previously applicable instructions and Pennsylvania Ave., NW., Washington, The EPA would like to solicit requirements; train personnel to be able DC, (703) 603–8828. comments to: to respond to a collection of (i) Evaluate whether the proposed information; search data sources; SUPPLEMENTARY INFORMATION: collection of information is necessary complete and review the collection of Agenda for the proper performance of the information; and transmit or otherwise functions of the Agency, including disclose the information. This eight meeting of the NACEPT whether the information will have Superfund Subcommittee will involve Dated: October 24, 2003. practical utility; discussion of the latest version of the (ii) Evaluate the accuracy of the Suzanne Rudzinski, Subcommittee’s draft report. The agenda Agency’s estimate of the burden of the Director, Transportation and Regional for the meeting will be available one proposed collection of information, Programs Division. week prior to the meeting’s occurrence. [FR Doc. 03–28911 Filed 11–18–03; 8:45 am] including the validity of the Public Attendance methodology and assumptions used; BILLING CODE 6560–50–P (iii) Enhance the quality, utility, and The public is welcome to attend all clarity of the information to be portions of the meeting. Members of the collected; and public who plan to file written (iv) Minimize the burden of the statements and/or make brief (suggested collection of information on those who 5-minute limit) oral statements at the are to respond, including through the public sessions are encouraged to use of appropriate automated electronic, contact the Designated Federal Official. mechanical, or other technological Each day will have one public comment collection techniques or other forms of period.

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Dated: November 13, 2003. the person listed under FOR FURTHER access any of the publicly available Angelo Carasea, INFORMATION CONTACT. docket materials through the docket facility identified in Unit I.B.1. Once in Designated Federal Officer, NACEPT B. How Can I Get Copies of This Superfund Subcommittee. the system, select ‘‘search,’’ then key in Document and Other Related the appropriate docket ID number. [FR Doc. 03–28912 Filed 11–18–03; 8:45 am] Information? BILLING CODE 6560–50–P 1. Docket. EPA has established an II. Did EPA Approve the Application? official public docket for this action The Agency approved the application under docket identification (ID) number ENVIRONMENTAL PROTECTION after considering all required data on OPP–2003–0326. The official public AGENCY risks associated with the proposed use docket consists of the documents of 1,7-dioxaspiro-(5,5)-undecane, and [OPP–2003–0326; FRL–7329–4] specifically referenced in this action, any public comments received, and information on social, economic, and Pesticide Product; Registration other information related to this action. environmental benefits to be derived Approval Although a part of the official docket, from use. Specifically, the Agency has the public docket does not include considered the nature of the chemical AGENCY: Environmental Protection Confidential Business Information (CBI) and its pattern of use, application Agency(EPA) or other information whose disclosure is methods and rates, and level and extent ACTION: Notice. restricted by statute. The official public of potential exposure. Based on these docket is the collection of materials that reviews, the Agency was able to make SUMMARY: This notice announces is available for public viewing at the basic health and safety determinations Agency approval of an application to Public Information and Records which show that use of 1,7-dioxaspiro- register the pesticide product Certis Integrity Branch (PIRIB), Rm. 119, (5,5)-undecane when used in Technical Olive Fly Pheromone Crystal Mall #2, 1921 Jefferson Davis accordance with widespread and containing an active ingredient not Hwy., Arlington, VA. This docket commonly recognized practice, will not included in any previously registered facility is open from 8:30 a.m. to 4 p.m., generally cause unreasonable adverse product pursuant to the provisions of Monday through Friday, excluding legal effects to the environment. section 3(c)(5) of the Federal Insecticide, holidays. The docket telephone number III. Approved Application Fungicide, and Rodenticide Act is (703) 305–5805. (FIFRA), as amended. In accordance with section 3(c)(2) of EPA issued a notice, published in the FOR FURTHER INFORMATION CONTACT: FIFRA, a copy of the approved label, the Federal Register of March 28, 2002 (67 Andrew Bryceland, Biopesticides and list of data references, the data and other FR 1493) (FRL–6827–7), which Pollution Prevention Division (7511C), scientific information used to support announced that Thermo Trilogy Office of Pesticide Programs, registration, except for material Corporation (Certis USA), 9145 Guilford Environmental Protection Agency, 1200 specifically protected by section 10 of Road, Suite 175, Columbia, MD, 21046, Pennsylvania Ave., NW.,Washington, FIFRA, are also available for public had submitted an application to register DC 20460–0001; telephone number: inspection. Requests for data must be the pesticide product Olive Fly Attract (703) 305–6928; e-mail made in accordance with the provisions and Kill (A & K) Target Device address:[email protected]. of the Freedom of Information Act and containing two new active ingredients SUPPLEMENTARY INFORMATION: must be addressed to the Freedom of (EPA File Symbol 70051–TA). This Information Office (A–101), 1200 product contained two new active I. General Information Pennsylvania Ave., NW., Washington, ingredients; ammonium bicarbonate at A. Does This Action Apply to Me? DC 20460–0001. The request should: 12.8% and the arthropod pheromone 1 Identify the product name and ,7-dioxaspiro-(5 ,5) undecane You may be potentially affected by registration number and specify the data (Spiroketal) at 0.2%. this action if you are an or information desired. During the course of the review of the agriculturalproducer, food A paper copy of the fact sheet, which Section 3 application for Olive Fly manufacturer, or pesticide provides more detail on this Attract and Kill (A & K) Target Device manufacturer. Potentially affected registration, may be obtained from the (EPA File Symbol 70051–TA) the entities may include, but are not limited National Technical Information Service Agency determined that a separate to: (NTIS), 5285 Port Royal Rd., registration for the technical grade of 1 • Crop production (NAICS 111) Springfield, VA 22161. • Animal production (NAICS 112) 2. Electronic access. You may access ,7-dioxaspiro-(5,5) undecane was • Food manufacturing (NAICS 311) this Federal Register document needed. The registrant then submitted a • Pesticide manufacturing (NAICS electronically through the EPA Internet pesticide application (7/18/02) for a 32532) under the ‘‘Federal Register’’ listings at section three registration for the product This listing is not intended to be http://www.epa.gov/fedrgstr/. Certis Technical Olive Fly Pheromone exhaustive, but rather provides a guide An electronic version of the public containing the active ingredient 1,7- for readers regarding entities likely to be docket is available through EPA’s dioxaspiro-(5,5) undecane at 97.6 affected by this action. Other types of electronic public docket and comment percent. This new product was assigned entities not listed in this unit could also system, EPA Dockets. You may use EPA EPA File Symbol 7005 1–TT. The be affected. The North American Dockets at http://www.epa.gov/edocket/ receipt of this application was not Industrial Classification System to submit or view public comments, published in the Federal Register. (NAICS) codes have been provided to access the index listing of the contents The application for Certis Technical assist you and others in determining of the official public docket, and to Olive Fly Pheromone (EPA Registration whether this action might apply to access those documents in the public Number 70051–77), was approved on certain entities. If you have any docket that are available electronically. September 16, 2003, for use in the questions regarding the applicability of Although, not all docket materials may manufacturing of end-use agricultural this action to a particular entity, consult be available electronically, you may still products for control of olive fly.

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List of Subjects for readers regarding entities likely to be public docket. EPA’s policy is that Environmental protection, Chemicals, affected by this action. Other types of copyrighted material will not be placed Pesticides and pests. entities not listed in this unit could also in EPA’s electronic public docket but be affected. The North American will be available only in printed, paper Dated: October 24, 2003. Industrial Classification System form in the official public docket. To the Janet L. Andersen, (NAICS) codes have been provided to extent feasible, publicly available Director, Biopesticides and Pollution assist you and others in determining docket materials will be made available Prevention Division, Office of Pesticide whether this action might apply to in EPA’s electronic public docket. When Programs. certain entities. If you have any a document is selected from the index [FR Doc. 03–28914 Filed 11–18–03; 8:45 am] questions regarding the applicability of list in EPA Dockets, the system will BILLING CODE 6560–50–S this action to a particular entity, consult identify whether the document is the person listed under FOR FURTHER available for viewing in EPA’s electronic INFORMATION CONTACT. public docket. Although not all docket ENVIRONMENTAL PROTECTION materials may be available B. How Can I Get Copies of This AGENCY electronically, you may still access any Document and Other Related of the publicly available docket [OPP–2003–0343; FRL–7332–6] Information? materials through the docket facility N, N-dimethyloctanamide; N,N- 1. Docket. EPA has established an identified in Unit I.B. EPA intends to dimethyldecanamide; Notice of Filing a official public docket for this action work towards providing electronic Pesticide Petition To Establish a under docket ID number OPP–2003– access to all of the publicly available Tolerance for a Certain Pesticide 0343. The official public docket consists docket materials through EPA’s Chemical in or on Food of the documents specifically referenced electronic public docket. in this action, any public comments For public commenters, it is AGENCY: Environmental Protection received, and other information related important to note that EPA’s policy is Agency (EPA). to this action. Although a part of the that public comments, whether ACTION: Notice. official docket, the public docket does submitted electronically or in paper, not include Confidential Business will be made available for public SUMMARY: This notice announces EPA’s Information (CBI) or other information viewing in EPA’s electronic public receipt of a request to amend a pending whose disclosure is restricted by statute. docket as EPA receives them and pesticide petition proposing the The official public docket is the without change, unless the comment establishment of regulations for residues collection of materials that is available contains copyrighted material, CBI, or of a certain pesticide chemical in or on for public viewing at the Public other information whose disclosure is various food commodities. Information and Records Integrity restricted by statute. When EPA DATES: Comments, identified by docket Branch (PIRIB), Rm. 119, Crystal Mall identifies a comment containing identification (ID) number OPP–2003– #2, 1921 Jefferson Davis Hwy., copyrighted material, EPA will provide 0343, must be received on or before Arlington, VA. This docket facility is a reference to that material in the December 19, 2003. open from 8:30 a.m. to 4 p.m., Monday version of the comment that is placed in ADDRESSES: Comments may be through Friday, excluding legal EPA’s electronic public docket. The submitted electronically, by mail, or holidays. The docket telephone number entire printed comment, including the through hand delivery/courier. Follow is (703) 305–5805. copyrighted material, will be available the detailed instructions as provided in 2. Electronic access. You may access in the public docket. Unit I. of the SUPPLEMENTARY this Federal Register document Public comments submitted on INFORMATION. electronically through EPA’s Internet computer disks that are mailed or under the ‘‘Federal Register’’ listings at FOR FURTHER INFORMATION CONTACT: delivered to the docket will be http://www.epa.gov/fedrgstr/. Kelly White, Registration Division transferred to EPA’s electronic public An electronic version of the public (7505C), Office of Pesticide Programs, docket. Public comments that are docket is available through EPA’s Environmental Protection Agency, 1200 mailed or delivered to the docket will be electronic public docket and comment Pennsylvania Ave., NW., Washington, scanned and placed in EPA’s electronic system, EPA Dockets. You may use EPA DC 20460–0001; telephone number: public docket. Where practical, physical Dockets at http://www.epa.gov/edocket/ (703) 305–8401; e-mail address: objects will be photographed, and the to submit or view public comments, [email protected]. photograph will be placed in EPA’s access the index listing of the contents electronic public docket along with a SUPPLEMENTARY INFORMATION: of the official public docket, and to brief description written by the docket I. General Information access those documents in the public staff. docket that are available electronically. A. Does This Action Apply to Me? Although not all docket materials may C. How and to Whom Do I Submit Comments? You may be potentially affected by be available electronically, you may still this action if you are an agricultural access any of the publicly available You may submit comments producer, food manufacturer, or docket materials through the docket electronically, by mail, or through hand pesticide manufacturer. Potentially facility identified in Unit I.B.1. Once in delivery/courier. To ensure proper affected entities may include, but are the system, select ‘‘search,’’ then key in receipt by EPA, identify the appropriate not limited to: the appropriate docket ID number. docket ID number in the subject line on • Crop production (NAICS 111) Certain types of information will not the first page of your comment. Please • Animal production (NAICS 112) be placed in EPA’s Dockets. Information ensure that your comments are • Food manufacturing (NAICS 311) claimed as CBI and other information submitted within the specified comment • Pesticide manufacturing (NAICS whose disclosure is restricted by statute, period. Comments received after the 32532) which is not included in the official close of the comment period will be This listing is not intended to be public docket, will not be available for marked ‘‘late.’’ EPA is not required to exhaustive, but rather provides a guide public viewing in EPA’s electronic consider these late comments. If you

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wish to submit CBI or information that submissions will be accepted in 3. Provide copies of any technical is otherwise protected by statute, please WordPerfect or ASCII file format. Avoid information and/or data you used that follow the instructions in Unit I.D. Do the use of special characters and any support your views. not use EPA Dockets or e-mail to submit form of encryption. 4. If you estimate potential burden or CBI or information protected by statute. 2. By mail. Send your comments to: costs, explain how you arrived at the 1. Electronically. If you submit an Public Information and Records estimate that you provide. electronic comment as prescribed in this Integrity Branch (PIRIB) (7502C), Office unit, EPA recommends that you include of Pesticide Programs (OPP), 5. Provide specific examples to your name, mailing address, and an e- Environmental Protection Agency, 1200 illustrate your concerns. mail address or other contact Pennsylvania Ave., NW., Washington, 6. 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–2003–0343. notice. information on the outside of any disk 3. By hand delivery or courier. Deliver 7. To ensure proper receipt by EPA, or CD ROM you submit, and in any your comments to: Public Information cover letter accompanying the disk or be sure to identify the docket ID number 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, 1921 Jefferson and Federal Register citation. in case EPA cannot read your comment Davis Hwy., Arlington, VA, Attention: due to technical difficulties or needs Docket ID Number OPP–2003–0343. II. What Action Is the Agency Taking? further information on the substance of Such deliveries are only accepted your comment. EPA’s policy is that EPA during the docket’s normal hours of EPA has received a pesticide petition will not edit your comment, and any operation as identified in Unit I.B.1. as follows proposing the establishment identifying or contact information and/or amendment of regulations for provided in the body of a comment will D. How Should I Submit CBI to the residues of a certain pesticide chemical be included as part of the comment that Agency? in or on various food commodities is placed in the official public docket, Do not submit information that you under section 408 of the Federal Food, and made available in EPA’s electronic consider to be CBI electronically Drug, and Cosmetic Act (FFDCA), 21 public docket. If EPA cannot read your through EPA’s electronic public docket U.S.C. 346a. EPA has determined that comment due to technical difficulties or by e-mail. You may claim this petition contains data or and cannot contact you for clarification, information that you submit to EPA as EPA may not be able to consider your information regarding the elements set CBI by marking any part or all of that comment. forth in FFDCA section 408(d)(2); information as CBI (if you submit CBI i. EPA Dockets. Your use of EPA’s however, EPA has not fully evaluated electronic public docket to submit on disk or CD ROM, mark the outside the sufficiency of the submitted data at comments to EPA electronically is of the disk or CD ROM as CBI and then this time or whether the data support EPA’s preferred method for receiving identify electronically within the disk or granting of the petition. Additional data comments. Go directly to EPA Dockets CD ROM the specific information that is may be needed before EPA rules on the at http://www.epa.gov/edocket/, and CBI). Information so marked will not be petition. follow the online instructions for disclosed except in accordance with List of Subjects submitting comments. Once in the procedures set forth in 40 CFR part 2. In addition to one complete version of system, select ‘‘search,’’ and then key in Environmental protection, docket ID number OPP–2003–0343. The the comment that includes any information claimed as CBI, a copy of Agricultural commodities, Feed system is an ‘‘anonymous access’’ additives, Food additives, Pesticides system, which means EPA will not the comment that does not contain the information claimed as CBI must be and pests, Reporting and recordkeeping know your identity, e-mail address, or requirements. other contact information unless you submitted for inclusion in the public provide it in the body of your comment. docket and EPA’s electronic public Dated: November 5, 2003. ii. E-mail. Comments may be sent by docket. If you submit the copy that does Debra Edwards, not contain CBI on disk or CD ROM, e-mail to [email protected], Director, Registration Division, Office of Attention: Docket ID Number OPP– mark the outside of the disk or CD ROM Pesticide Programs. 2003–0343. In contrast to EPA’s clearly that it does not contain CBI. electronic public docket, EPA’s e-mail Information not marked as CBI will be Summary of Petition system is not an ‘‘anonymous access’’ included in the public docket and EPA’s The petitioner summary of the system. If you send an e-mail comment electronic public docket without prior directly to the docket without going notice. If you have any questions about amendment to the pesticide petition is through EPA’s electronic public docket, CBI or the procedures for claiming CBI, printed below as required by FFDCA EPA’s e-mail system automatically please consult the person listed under section 408(d)(3). The summary of the captures your e-mail address. E-mail FOR FURTHER INFORMATION CONTACT. amendment to the petition was prepared addresses that are automatically by the petitioner and represents the E. What Should I Consider as I Prepare view of the petitioner. The summary captured by EPA’s e-mail system are My Comments for EPA? included as part of the comment that is may have been edited by EPA if the placed in the official public docket, and You may find the following terminology used was unclear, the made available in EPA’s electronic suggestions helpful for preparing your summary contained extraneous public docket. comments: information, or the summary iii. Disk or CD ROM. You may submit 1. Explain your views as clearly as unintentionally made the reader comments on a disk or CD ROM that possible. conclude that the findings reflected you mail to the mailing address 2. Describe any assumptions that you EPA’s position and not the position of identified in Unit I.C.2. These electronic used. the petitioner.

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The C.P. Hall Company pesticide chemical in or on various food The official public docket is the commodities. collection of materials that is available PP 1E6257 DATES: Comments, identified by docket for public viewing at the Public EPA has received an amendment to a identification (ID) number OPP–2003– Information and Records Integrity pending pesticide petition (1E6257) 0365, must be received on or before Branch (PIRIB), Rm. 119, Crystal Mall from The C.P. Hall Company, 311 S. December 19, 2003. #2, 1921 Jefferson Davis Hwy., Wacker, Suite 4700, Chicago, IL 60606. Arlington, VA. This docket facility is ADDRESSES: The pending pesticide petition Comments may be open from 8:30 a.m. to 4 p.m., Monday proposes, pursuant to section 408(d) of submitted electronically, by mail, or through Friday, excluding legal the FFDCA, 21 U.S.C. 346a(d), to amend through hand delivery/courier. Follow holidays. The docket telephone number 40 CFR part 180 to establish an the detailed instructions as provided in is (703) 305–5805. exemption from the requirement of a Unit I. of the SUPPLEMENTARY 2. Electronic access. You may access tolerance for N,N-dimethyloctanamide INFORMATION. this Federal Register document (CAS Reg. No. 1118–92–9) and N,N- FOR FURTHER INFORMATION CONTACT: electronically through the EPA Internet dimethyldecanamide (CAS Reg. No. Denise Greenway, Biopesticides and under the ‘‘Federal Register’’ listings at 14433–76–2) when used as an inert Pollution Prevention Division (7511C), http://www.epa.gov/fedrgstr/. ingredient, as an emulsifier, solvent, Office of Pesticide Programs, An electronic version of the public and cosolvent in pesticide formulations Environmental Protection Agency, 1200 docket is available through EPA’s applied only to growing crops. The Pennsylvania Ave., NW., Washington, electronic public docket and comment original pesticide petition specified that DC 20460–0001; telephone number: system, EPA Dockets. You may use EPA the use of N,N-dimethyloctanamide and (703) 308–8263; e-mail address: Dockets at http://www.epa.gov/edocket/ N,N-dimethyldecanamide should be [email protected]. to submit or view public comments, access the index listing of the contents limited to less than 15% of the total SUPPLEMENTARY INFORMATION: pesticide formulation by weight, and of the official public docket, and to this 15% limit was reflected in the I. General Information access those documents in the public docket that are available electronically. original Notice of Filing, published in A. Does This Action Apply to Me? the Federal Register (66 FR 57450) Although not all docket materials may (FRL–6808–6) on November 15, 2001. You may be potentially affected by be available electronically, you may still Subsequent to the publication of that this action if you are an agricultural access any of the publicly available Notice of Filing, the petitioner requested producer, food manufacturer, or docket materials through the docket to amend the pending pesticide petition pesticide manufacturer. Potentially facility identified in Unit I.B.1. Once in to remove the limitation on the affected entities may include, but are the system, select ‘‘search,’’ then key in percentage of N,N-dimethyloctanamide not limited to: the appropriate docket ID number. • Crop production (NAICS 111) Certain types of information will not and N,N-dimethyldecanamide used in • formulated products. There are no other Animal production (NAICS 112) be placed in EPA’s Dockets. Information • Food manufacturing (NAICS 311) claimed as CBI and other information changes to the information presented by • the petitioner in the November 15, 2001, Pesticide manufacturing (NAICS whose disclosure is restricted by statute, Notice of Filing. 32532) which is not included in the official EPA has determined that the petition This listing is not intended to be public docket, will not be available for contains data or information regarding exhaustive, but rather provides a guide public viewing in EPA’s electronic the elements set forth in section for readers regarding entities likely to be public docket. EPA’s policy is that 408(d)(2) of the FFDCA; however, EPA affected by this action. Other types of copyrighted material will not be placed has not fully evaluated the sufficiency entities not listed in this unit could also in EPA’s electronic public docket but of the submitted data at this time or be affected. The North American will be available only in printed, paper whether the data supports granting of Industrial Classification System form in the official public docket. To the the petition. Additional data may be (NAICS) codes have been provided to extent feasible, publicly available needed before EPA rules on the petition. assist you and others in determining docket materials will be made available whether this action might apply to in EPA’s electronic public docket. When [FR Doc. 03–28654 Filed 11–18–03; 8:45 am] certain entities. If you have any a document is selected from the index BILLING CODE 6560–50–S questions regarding the applicability of list in EPA Dockets, the system will this action to a particular entity, consult identify whether the document is ENVIRONMENTAL PROTECTION the person listed under FOR FURTHER available for viewing in EPA’s electronic AGENCY INFORMATION CONTACT. public docket. Although not all docket materials may be available [OPP–2003–0365; FRL–7334–3] B. How Can I Get Copies of This electronically, you may still access any Document and Other Related of the publicly available docket Aminoethoxyvinylglycine Information? materials through the docket facility hydrochloride (aviglycine HCl); Notice 1. Docket. EPA has established an identified in Unit I.B.1. EPA intends to of Filing a Pesticide Petition to official public docket for this action work towards providing electronic Establish a Tolerance for a Certain under docket ID number OPP–2003– access to all of the publicly available Pesticide Chemical in or on Food 0365. The official public docket consists docket materials through EPA’s AGENCY: Environmental Protection of the documents specifically referenced electronic public docket. Agency (EPA). in this action, any public comments For public commenters, it is ACTION: Notice. received, and other information related important to note that EPA’s policy is to this action. Although a part of the that public comments, whether SUMMARY: This notice announces the official docket, the public docket does submitted electronically or in paper, initial filing of a pesticide petition not include Confidential Business will be made available for public proposing the establishment of Information (CBI) or other information viewing in EPA’s electronic public regulations for residues of a certain whose disclosure is restricted by statute. docket as EPA receives them and

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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–2003–0365. 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 be other contact information unless you docket and EPA’s electronic public scanned and placed in EPA’s electronic provide it in the body of your comment. docket. If you submit the copy that does public docket. Where practical, physical ii. E-mail. Comments may be sent by not contain CBI on disk or CD ROM, objects will be photographed, and the e-mail to [email protected], mark the outside of the disk or CD ROM photograph will be placed in EPA’s Attention: Docket ID Number OPP– clearly that it does not contain CBI. electronic public docket along with a 2003–0365. In contrast to EPA’s Information not marked as CBI will be brief description written by the docket electronic public docket, EPA’s e-mail included in the public docket and EPA’s 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. Make sure to submit your your name, mailing address, and an e- Environmental Protection Agency, 1200 comments by the deadline in this mail address or other contact Pennsylvania Ave., NW., Washington, notice. information in the body of your DC 20460–0001, Attention: Docket ID 7. To ensure proper receipt by EPA, comment. Also include this contact Number OPP–2003–0365. be sure to identify the docket ID number information on the outside of any disk 3. By hand delivery or courier. Deliver assigned to this action in the subject or CD ROM you submit, and in any your comments to: Public Information line on the first page of your response. cover letter accompanying the disk or and Records Integrity Branch (PIRIB), You may also provide the name, date, CD ROM. This ensures that you can be Office of Pesticide Programs (OPP), and Federal Register citation. identified as the submitter of the Environmental Protection Agency, Rm. II. What Action Is the Agency Taking? comment and allows EPA to contact you 119, Crystal Mall #2, 1921 Jefferson in case EPA cannot read your comment Davis Hwy., Arlington, VA, Attention: EPA has received a pesticide petition due to technical difficulties or needs Docket ID Number OPP–2003–0365. as follows proposing the establishment further information on the substance of Such deliveries are only accepted and/or amendment of regulations for your comment. EPA’s policy is that EPA during the docket’s normal hours of residues of a certain pesticide chemical will not edit your comment, and any operation as identified in Unit I.B.1. in or on various food commodities identifying or contact information under section 408 of the Federal Food, provided in the body of a comment will D. How Should I Submit CBI to the Drug, and Cosmetic Act (FFDCA), 21 be included as part of the comment that Agency? U.S.C. 346a. EPA has determined that is placed in the official public docket, Do not submit information that you this petition contains data or and made available in EPA’s electronic consider to be CBI electronically information regarding the elements set public docket. If EPA cannot read your through EPA’s electronic public docket forth in FFDCA section 408(d)(2);

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however, EPA has not fully evaluated In addition to the new data was previously designated as the sufficiency of the submitted data at summarized below, however, Valent aminoethoxyvinylglycine (AVG), is a this time or whether the data support BioSciences Corporation also is relying plant growth regulator used in the granting of the petition. Additional data on a summary of information, data, and harvest management of apples, pears, may be needed before EPA rules on the arguments previously submitted by and stone fruit (excluding cherries). It is petition. Abbott Laboratories, pursuant to section used at the rate of 50 grams active 408(d)(2)(A)(i) of the FFDCA as ingredient per acre. Applications to List of Subjects amended, in support of a prior Abbott apples are made once a season at 4 Environmental protection, Laboratories pesticide petition 9G5048 weeks before harvest; proposed use on Agricultural commodities, Feed that sought temporary tolerances for stone fruit (except cherries) is for additives, Food additives, Pesticides residues of AVG in or on the stone fruit application 7 to 10 days before harvest. and pests, Reporting and recordkeeping crop group. This Abbott Laboratories B. Product Identity/Chemistry requirements. request, including the referenced Dated: November 7, 2003. summarized information, was published 1. Identity of the pesticide and corresponding residues. A study Phil Hutton, in the Federal Register of March 10, 1999 (64 FR 11872) (FRL–6067–5). EPA designed to determine whether uptake, Acting Director, Biopesticides and Pollution issued a final rule, published in the translocation and metabolism of Prevention Division, Office of Pesticide aminoethoxyvinylglycine hydrochloride Programs. Federal Register of June 10, 1999 (64 FR 31124) (FRL–6080–4), in which it occurs in apples identified seven minor Summary of Petition announced the establishment of the metabolites in addition to the primary The petitioner summary of the temporary tolerances requested by metabolite, N-acetyl- pesticide petition is printed below as Abbott Laboratories for residues of aminoethoxyvinylglycine. The study required by FFDCA section 408(d)(3). aminoethoxyvinylglcine in or on the was not meant as a measure of the The summary of the petition was stone fruit crop group at 0.170 ppm, amount of aminoethoxyvinylglycine prepared by the petitioner and with an expiration date of April 1, 2001. hydrochloride residues and metabolites represents the view of the petitioner. Subsequently, Valent BioSciences found in apples under normal field The petition summary announces the Corportion submitted a pesticide conditions. The only significant availability of a description of the petition (9G5048, transferred from incorporation of analytical methods available to EPA for Abbott Laboratories) that sought to aminoethoxyvinylglycine hydrochloride the detection and measurement of the extend the temporary tolerances for in apple tissues, following brush-on pesticide chemical residues or an AVG in or on the stone fruit crop group application at high rates, resulted from explanation of why no such method is originally obtained by Abbott absorption from the peel rather than needed. Laboratories. Notice of this previous translocation from the leaves. pesticide petition by Valent BioSciences Aminoethoxyvinylglycine Valent BioSciences Corporation Corporation, which also relied, in part, hydrochloride is also metabolized in the tissues to form N-acetyl- PP 3F6772 on the referenced summary of information previously prepared and aminoethoxyvinylglycine and several EPA has received a pesticide petition submitted by Abbott Laboratories, was other minor metabolites, and is partially (3F6772) from Valent BioSciences published in the Federal Register of degraded on the apple surface to water- Corporation, 870 Technology Way, March 28, 2001 (66 FR 16931) (FRL– soluble products that may be formed Libertyville, IL 60048, proposing 6775–1). EPA issued a final rule, due to microbial and/or pursuant to section 408(d) of the published in the Federal Register of photodegradative action. FFDCA, 21 U.S.C. 346a(d), to amend 40 July 12, 2001 (66 FR 36477) (FRL–6788– 2. Magnitude of residue at the time of CFR part 180 by establishing a tolerance 7), announcing the establishment of the harvest and method used to determine for residues of the biochemical pesticide temporary tolerances requested by the residue. Crops in residue trials were aminoethoxyvinylglycine hydrochloride Valent BioSciences Corporation for treated at maximum label rates, or (aviglycine HCl), formerly designated as residues of the plant regulator AVG in above, and harvested at the specified aminoethoxyvinylglycine (AVG), in or or on the stone fruit crop group at 0.170 minimum treatment to harvest intervals. on the stone fruits crop group, excepting ppm, with an expiration date of Residue data for apples previously cherries, at 0.170 part per million December 21, 2003. It is the original submitted by Abbott Laboratories and (ppm). summary of information previously reviewed by EPA indicated that at the Pursuant to section 408(d)(2)(A)(i) of submitted by Abbott Laboratories, and proposed use rates, no quantifiable the FFDCA, as amended, Valent previously relied upon by Valent residues were present in or on the food BioSciences Corporation has submitted BioSciences Corporation, that Valent commodities at 21 days after treatment. the following summary of new BioSciences Corporation once again is Additional pome fruit residue data information, data, and arguments in relying upon in connection with this generated internationally has been support of their pesticide petition new pesticide petition. EPA has not provided to EPA by Valent BioSciences (3F6772). This summary was prepared republished the summary of information Corporation. Residues on representative by Valent BioSciences Corporation and initially submitted by Abbott stone fruit were typically below levels EPA has not fully evaluated the merits Laboratories and published in the of quantitation, maximum residues on of the pesticide petition. The summary March 10, 1999 Federal Register, except plums at 7 days were 0.142 ppm, and may have been edited by EPA if the where EPA believes such information maximum residues on cherries were terminology used was unclear, the would be helpful in understanding the 0.490 ppm at 7 days. The proposed summary contained extraneous new data. tolerance excludes use on cherries. material, or the summary Analytical Enforcement Methodology. unintentionally made the reader A. Product Name and Proposed Use There is a practical method for detecting conclude that the findings reflected Practices and measuring levels of aviglycine HCI EPA’s position and not the position of Aminoethoxyvinylglycine in or on food with a limit of detection the petitioner. hydrochloride (aviglycine HCl), which (LOD) that allows monitoring of food

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with residues at or above the levels set inhibition of body weight gain and carcinogenicity study, the in these proposed tolerances. Abbott reduced food consumption. The administration of aviglycine HCl at 7 mg Laboratories has submitted a practical developmental NOAEL was found to be a.i./kg bwt/day was associated with analytical methodology for detecting 1.77 mg a.i./kg bwt/day based on body weight and food consumption and measuring levels of aviglycine HCI decreased mean fetal body weights and reductions, increases in the incidence of in or on raw agricultural commodities reduced ossification. The adrenal focal medullary cell (RACs). The proposed analytical method developmental and maternal lowest hyperplasia, testicular tubular atrophy, for determining residues is by high- observed adverse effect levels (LOAELs) and other associated findings in the performance liquid chromatography were established at 8.06 mg a.i./kg bwt/ testis and epididymis, ocular cataracts, (HPLC). The HPLC/fluorescence day. Aviglycine HCl was evaluated in a and pancreatic lobular/acinar cell detector analytical method used in the rat 2–generation reproduction study atrophy. The NOAEL was established at apple residue studies has been validated submitted by Abbott Laboratories. Based 0.7 mg a.i./kg bwt/day. by an independent laboratory and on reductions in body weight, changes provided to the Food and Drug in organ weights, and an increased D. Aggregate Exposure Administration (FDA). This method was incidence of microscopic findings, the 1. Dietary exposure—i. Food. modified slightly for analysis of residue parental NOAEL was established at 0.8 Expected dietary exposures from on peaches, plums, and cherries. This mg a.i./kg bwt/day. The NOAEL for residues of aviglycine HCl would occur modified method has been validated by reproductive toxicity was established at through apples, pears, peaches, an independent laboratory. The limit of 4.0 mg a.i./kg bwt/day and the neonatal nectarines, plums, and processed pome quantitation (LOQ) was 0.080 ppm for toxicity NOAEL was established at 2.5 and stone-fruits. Acute and chronic all matrices analyzed by either method. mg a.i./kg bwt/day. dietary exposure assessments were It was determined that residues on 4. Subchronic toxicity. Subchronic conducted using a Tier I approach. This treated commodities were stable for a 90–day feeding studies were conducted Tier I assessment incorporated; period of 22 months in frozen storage. with rats, mice, and dogs. In a 90–day tolerance level residues for all feeding study in rats, the NOAEL was C. Mammalian Toxicological Profile commodities; assumption of 100% crop- 0.4 mg a.i./kg bwt/day for males and treated for all crops; default processing 1. Acute toxicity. Aviglycine HCl has females based on increased incidence of factors and consumption data from the low acute oral, dermal, and inhalation periportal hepatocellular vacuolation in 1994 through 1998 U.S. Department of toxicity. The oral lethal dose (LD)50 in the liver. In the 90–day feeding study in Agriculture (USDA) Continuing Surveys rats is >5,000 milligrams/kilogram (mg/ mice, the NOAEL was established at 10 > of Food Intakes by Individuals (CSFII) kg), the dermal LD50 is 2,000 mg/kg mg a.i./kg bwt/day for males and (USDA), 1994, 1995, 1996, and 1998). and the inhalation 4–hour lethal females - based on decreased body > Estimates of chronic and acute dietary concentration (LC)50 is 5.00 weight and histopathological changes in exposure were calculated using Dietary milligrams/Liter (mg/L) air. Aviglycine the liver (both sexes), in the testis Exposure Evaluation Module Food HCl is not a skin sensitizer in guinea (males) and the adrenal (females) at 25 Commodity Intake Database (DEEM- pigs, and is not irritating to the skin and mg a.i./kg bwt/day. For dogs, the FCIDTM) software (Novigen, 2001). The eyes of rabbits. End-use formulations of NOAEL was established at 0.6 mg a.i./ resulting exposures were compared to a aviglycine HCl have similar low acute kg bwt/day - based on inappetence, low chronic reference dose (RfD) of 0.007 mg toxicity profiles. body weight gain and centrilobular 2. Genotoxicity. Aviglycine HCl does a.i./kg bwt/day and an acute NOAEL of histopathological changes in the liver at 1.77 mg a.i./kg bwt/day. The RfD is not induce gene mutations in bacterial 1.2 mg a.i./kg bwt/day. Note that the and mammalian cells, chromosome based on the NOAEL of 0.7 mg a.i./kg liver vacuolation is considered an bwt/day from the rat chronic toxicity aberrations in mammalian cells or adaptive change. Increased vacuolation deoxyribonucleic acid (DNA) damage in study (52–week) and the rat of the liver was not observed in the 52– carcinogenicity feeding study (104– bacterial cells in in vitro test systems. week chronic rat study or the 104–week week) with a 100–fold uncertainty factor Similarly, it does not exhibit a rat oncogenicity study. A 21–day repeat (UF) to account for intraspecies and clastogenic effect in vivo in the rat dose dermal toxicity study in rats was interspecies variations. The acute micronucleus test. Therefore, there is no carried out at 0, 100, 500, and 1,000 mg NOAEL is based on the rat oral evidence to suggest a genotoxic hazard a.i./kg bwt/day. The NOAEL is 1,000 mg developmental toxicity study. at any of the three main levels of genetic a.i./kg bwt/day; a LOAEL was not organization. determined. Chronic dietary exposure estimates 3. Reproductive and developmental 5. Chronic toxicity. Chronic studies for the overall U.S. population and 24 toxicity. In the rabbit developmental with aviglycine HCl were conducted on population subgroups, including infants toxicity study with aviglycine HCl, there rats to determine oncogenic potential and children, are well below the chronic was no evidence of teratogenicity or and/or chronic toxicity of the RfD. Estimated daily exposures from other embryotoxic effects at the highest compound. The NOAEL for the 1–year tolerance level residues and a 100% dose levels tested, although maternal chronic study was 0.7 mg a.i./kg bwt/ crop treated assumption for all crops toxicity was evident. The rabbit day for males and females based on were 15.9% of the RfD or less for all maternal no observed adverse effect decreases in body weights, food populations examined. Acute dietary level (NOAEL) was established at 0.4 mg consumption, testicular tubular and exposure was estimated for the overall a.i./kg body weight/day (mg a.i./kg bwt/ epithelial vacuolation, and pancreatic U.S. population and the population day) based on reduced body weight acinar cell atrophy. The rat subgroups: gains and food consumption, and carcinogenicity study with aviglycine a. All infants. decreased defecation. The HCl confirmed the substance has no b. Nursing infants. developmental NOAEL was established carcinogenic potential. There was no c. Non-nursing infants. at 0.4 mg a.i./kg bwt/day based on fetal evidence of cell necrosis that could be d. Children 1 to 2 years of age. body weights. In the rat test the a preliminary stage before tumor e. Adult 20 to 49 years of age. maternal NOAEL was established at genesis, and time of death was similar f. Females 13 t0 49 years of age. 1.77 mg a.i./kg bwt/day based on to controls. During the 2–year g. Adults 50 years and older.

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Estimated daily exposures from compounds. Aviglycine HCl has a novel on decreased primary antibody (igM) tolerance level residues (at the 95th mode of action compared to other response to sheep red blood cells; percentile) and a 100% crop treated currently registered active ingredients. decreased absolute and relative thymus assumption for all crops resulted in Therefore, Valent BioSciences weights; and decreased body weight, margins of exposure (MOEs) greater Corporation believes it is appropriate to food consumption, and food efficiency than 430 for all population groups consider only the potential risks of at the high dose level. The LOAEL is 15 examined. The results of both the aviglycine HCl in an aggregate risk mg a.i./kg bwt/day. Any endocrine chronic and acute dietary exposure assessment. related effects would have been detected analyses clearly demonstrate a F. Safety Determination in this definitive array of required tests. reasonable certainty that no harm will The probability of any such effect due result from the proposed agricultural 1. U.S. population. Aviglycine HCl is to agricultural uses of aviglycine HCl is uses of aviglycine HCI. an amino acid which has been generated considered negligible. ii. Drinking water. Aviglycine HCl is through a fermentation of a soil highly unlikely to contaminate ground microorganism. Using the chronic H. Existing Tolerances water resources due to its high soil exposure assumptions and the proposed Time limited tolerances have been sorption, and short soil and water/ RfD described above, the dietary established for the residues of sediment half-lives. Study results show exposure to aviglycine HCl for the U.S. aminoethoxyvinylglycine hydrochloride that aviglycine HCl is easily adsorbed to population was calculated to be 2.2% of (aviglycine HCl, formerly soils, principally onto clay particles. the RfD. Therefore, taking into account aminoethoxyvinylglycine (AVG)) in or Half-lives in soils vary between 1.7 and the proposed uses, it can be concluded on the following food commodities: 4.7 days. Water-sediment studies have with reasonable certainty that residues of aviglycine HCl in food and drinking shown that aviglycine HCl will be Commodity Parts per Expiration readily adsorbed to sediment where it is water will not result in unacceptable million date mineralized and incorporated into the levels of human health risk. organic fraction of the sediment. 2. Infants and children. FFDCA Apple 0.08 December 21, 2003 Biodegradation occurs in both systems. section 408 (b)(2)(C)(i) provides that The half-life of aviglycine HCl in the EPA shall apply an additional safety Pear 0.08 December aqueous phase and total water/sediment factor for infants and children to 21, 2003 system was calculated to be 1.5 and 4.3 account for prenatal and postnatal days respectively. An aviglycine HCI toxicity and the lack of completeness of Temporary tolerances have been water concentration assessment was the data base. Only when there is no established for the residues of conducted using EPA first tier screening indication of increased sensitivity of aminoethoxyvinylglycine hydrochloride models. FQPA Index Reservoir infants and children and when the data (aviglycine HCl, formerly Screening Tool (FIRST) was used for base is complete, may the extra safety aminoethoxyvinylglycine (AVG)) in or surface water concentration assessment factor be removed. In the case of on the following food commodities: and screening concentration in ground aviglycine HCl, the toxicology data base water (SCI-GROW) was used for ground is complete. There is no indication of Commodity Parts per Expiration water assessment. There were no increased sensitivity in the data base million date estimated ground water concentrations overall, and specifically, there is no according to SCI-GROW. Peak surface indication of increased sensitivity in the Fruit, stone, 0.170 December water concentrations estimated using developmental and multi-generation group 12 21, 2003 FIRST were 1,283 and the estimated reproductive toxicity studies. Therefore, annual average was 0.021 part per Valent BioSciences Corporation I. International Tolerances billion (ppb), assuming 87% crop concludes that there is no need for an There are no codex maximum residue treated. The contribution of drinking additional safety factor and a safety limits for use of water to aggregate risk is considered to factor of 100 be used for the assessment. aminoethoxyvinylglycine hydrochloride be negligible. Using the chronic exposure assumptions on apples or pears, stone fruits, or on 2. Non-dietary exposure. Aviglycine and the proposed RfD described above, any other crop. HCl has no product registrations for the dietary exposure to aviglycine HCl [FR Doc. 03–28913 Filed 11–18–03; 8:45 am] residential non-food uses. Non- for non-nursing infants, the most highly BILLING CODE 6560–50–S occupational, non-dietary exposure for exposed population subgroup, was aviglycine HCl has thus been estimated calculated to be 0.001110 mg a.i./kg to be extremely small. Therefore, the bwt/day or 15.9% of the RfD. Daily ENVIRONMENTAL PROTECTION potential for non-dietary exposure is exposure for the overall U.S. population AGENCY insignificant. The exposure from the was estimated to be 0.000153 mg a.i./kg commercial use is expected to be dermal bwt/day. The proposed tolerances will [OPP–2003–0325; FRL–7329–5] in nature. A 21–day repeat dose dermal utilize 2.2% of the RfD for the U.S. toxicity study resulted in no significant population. Issuance of an Experimental Use treatment related effects at 1,000 mg a.i./ G. Effects on the Immune and Endocrine Permit kg bwt/day, the highest dose tested Systems (HDT). AGENCY: Environmental Protection Lifespan, and multigenerational Agency (EPA). E. Cumulative Exposure studies on mammals, and acute and ACTION: Notice. Consideration of a common subchronic studies on aquatic organisms mechanism of toxicity is not necessary and wildlife did not reveal any definite SUMMARY: EPA has granted an at this time because there is no immune or endocrine effects. An experimental use permit (EUP) to the indication that toxic effects of immunotoxicity study in rats at 0, 1.25, following pesticide applicant. An EUP aviglycine HCl would be cumulative 5, and 15 mg a.i./kg bwt/day presented permits use of a pesticide for with those of any other chemical a NOAEL of 5 mg a.i./kg bwt/day based experimental or research purposes only

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in accordance with the limitations in Although not all docket materials may DATES: Comments must be submitted on the permit. be available electronically, you may still or before January 20, 2004. FOR FURTHER INFORMATION CONTACT: access any of the publicly available ADDRESSES: You may submit comments Leonard Cole, Biopesticides and docket materials through the docket identified by the OMB control number, Pollution Prevention Division (7511C), facility identified in Unit I.B.1. Once in by any of the following methods: Office of Pesticide Programs, the system, select ‘‘search,’’ then key in • Agency Web Site: http:// Environmental Protection Agency, 1200 the appropriate docket ID number. www.fdic.gov/regulations/laws/federal/ Pennsylvania Ave., NW., Washington, II. EUP propose.html. DC 20460–0001; telephone number: • E-mail: [email protected]. (703) 305–5412; e-mail address: EPA has issued the following EUP: Include OMB control number in the [email protected]. 68467–EUP–6. Issuance. Dow subject line of the message. AgroSciences, 9330 Zionsville Road, • SUPPLEMENTARY INFORMATION: Mail: Leneta Gregorie, Counsel Indianapolis, IN 46268–1054. This EUP (Consumer and Compliance Unit), (202) I. General Information allows the use of the plant-incorporated 898–3719, Legal Division, Room 3062, protectant Bacillus thuringiensis Cry 1F A. Does This Action Apply to Me? Attention: Comments/Legal, Federal (Synpro)/Cry 1Ac (synpro construct Deposit Insurance Corporation, 550 17th 281/3006 insectical crystal protein as This action is directed to the public Street NW., Washington, DC 20429. in general. Although this action may be expressed in cotton) on 262.8 acres of OMB desk officer for the FDIC: Joseph of particular interest to those persons cotton to evaluate the control of tobacco F. Lackey, Jr., Information and budworm and/or other lepidopteran who conduct or sponsor research on Regulatory Affairs, Office of insect feeding. The program is pesticides, the Agency has not Management and Budget, New authorized only in the States of attempted to describe all the specific Executive Office Building, Room 10236, Alabama, Arizona, Arkansas, California, entities that may be affected by this Washington, DC 20503. Florida, Georgia, Louisiana, and action. If you have any questions • Hand Delivery/Courier: Guard Missouri. The EUP is effective from regarding the information in this action, station at the rear of the 17th Street FOR April 11, 2003 to April 11, 2004. A consult the person listed under Building (located on F Street), on FURTHER INFORMATION CONTACT tolerance has been established for . business days between 7 a.m. and 5 p.m. residues of the active ingredient in or on Instructions: All submissions received B. How Can I Get Copies of This cotton. Document and Other Related must include the agency name and OMB Information? Authority: 7 U.S.C. 136c. control number for this notice. Comments will be posted without 1. Docket. EPA has established an List of Subjects official public docket for this action change to http://www.fdic.gov/ under docket identification (ID) number Environmental protection, regulations/laws/federal/propose.html, OPP–2003–0325. The official public Experimental use permits. including any personal information provided. docket consists of the documents Dated: November 5, 2003. FOR FURTHER INFORMATION CONTACT: specifically referenced in this action, Phil Hutton, any public comments received, and Leneta G. Gregorie, at the address Acting Director, Biopesticides and Pollution other information related to this action. Prevention Division, Office of Pesticide identified above. Although a part of the official docket, Programs. SUPPLEMENTARY INFORMATION: Proposal the public docket does not include to revise the following currently [FR Doc. 03–28573 Filed 11–18–03; 8:45 am] Confidential Business Information (CBI) approved collection of information: or other information whose disclosure is BILLING CODE 6560–50–S Title: Forms Related to Outside restricted by statute. The official public Counsel Services Contracting. docket is the collection of materials that OMB Number: 3064–0122. is available for public viewing at the FEDERAL DEPOSIT INSURANCE Current Form Numbers: 5000/24; Public Information and Records CORPORATION 5000/25; 5000/26; 5000/27; 5000/28; Integrity Branch (PIRIB), Rm. 119, 5000/29; 5000/31; 5000/32; 5000/33; Agency Information Collection Crystal Mall #2, 1921 Jefferson Davis 5000/34; 5000/35; 5000/36; 5200/01. Activities: Proposed Collection; Hwy., Arlington, VA. This docket Proposed New Form Numbers: 5210/ Comment Request facility is open from 8:30 a.m. to 4 p.m., 01; 5210/02; 5210/03; 5210/03A; 5210/ Monday through Friday, excluding legal AGENCY: Federal Deposit Insurance 04; 5210/04A; 5210/06; 5210/06(A); holidays. The docket telephone number Corporation (FDIC). 5210/08; 5210/10; 5210/10(A); 5210/11; is (703) 305–5805. ACTION: Notice and request for comment. 5210/12; and 5210/12A. 2. Electronic access. You may access Frequency of Response: As necessary. this Federal Register document SUMMARY: The FDIC, as part of its Affected Public: Law firms, sole electronically through the EPA Internet continuing effort to reduce paperwork proprietors, experts, and other legal under the ‘‘Federal Register’’ listings at and respondent burden, invites the services support providers who wish to http://www.epa.gov/fedrgstr/. general public and other Federal contract with or who already are under An electronic version of the public agencies to take this opportunity to contract with the FDIC. docket is available through EPA’s comment on proposed and/or Estimated Number of Respondents: electronic public docket and comment continuing information collections, as 4,378. system, EPA Dockets. You may use EPA required by the Paperwork Reduction Estimated Time per Response: 2,095 Dockets at http://www.epa.gov/edocket/ Act of 1995 (44 U.S.C. chapter 35). responses—1 hour; 1,045 responses— to submit or view public comments, Currently, the FDIC is soliciting .75 hour; 1,238 responses—.50 hour. access the index listing of the contents comments concerning an information Estimated Total Annual Burden: of the official public docket, and to collection currently titled: Forms 3,498 hours. access those documents in the public Related to Outside Counsel Services General Description of Collection: The docket that are available electronically. Contracting. information collection ensures that law

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firms, experts, and other legal service Request for Comment Parties: providers seeking to provide services to Comments are invited on: (a) Whether Board of Commissioners of the Port of the FDIC meet the eligibility the collection of information is New Orleans P&O Ports Louisiana, Inc. requirements established by Congress necessary for the proper performance of Synopsis: The amendment amends the and facilitates the FDIC’s monitoring of the FDIC’s functions, including whether lease to include a larger acreage and performance, progress and payments the information has practical utility; (b) a roadway reservation and to permit under the contracts. the accuracy of the estimates of the the lessee other similar rights of way burden of the information collection, Current Action: There are 13 forms, in the facility. each of which supports the FDIC’s including the validity of the Outside Counsel Program, currently methodology and assumptions used; (c) By Order of the Federal Maritime Commission. approved under this information ways to enhance the quality, utility, and collection. These 13 forms have a total clarity of the information to be Dated: November 14, 2003. annual burden of 1,903 hours based on collected; and (d) ways to minimize the Bryant L. VanBrakle, 2,783 responses, with the estimated burden of the information collection on Secretary. response time for each form varying respondents, including through the use [FR Doc. 03–28921 Filed 11–18–03; 8:45 am] between .5 hour to 1.0 hour. The FDIC of automated collection techniques or BILLING CODE 6730–01–P is proposing to (1) change the title of the other forms of information technology. collection to ‘‘Forms Relating to FDIC At the end of the comment period, the Outside Counsel Services, Legal comments and recommendations FEDERAL MARITIME COMMISSION received will be analyzed to determine Support Services and Expert Services [Petition P8–03] the extent to which the collection Programs’ to reflect the broadened focus should be modified prior to submission of the information collection, and (2) Petition of Bax Global Inc. for to OMB for review and approval. add an additional 14 forms to the Rulemaking; Reopening of Comment Comments submitted in response to this Period; Oral Presentations collection, several of which reflect the notice also will be summarized or need for more specialized forms to included in the FDIC’s requests to OMB Bax Global Inc. (‘‘Petitioner’’) has support the Outside Counsel Program for renewal of this collection. All petitioned for the issuance of a and the remainder of which will comments will become a matter of rulemaking pursuant to 46 CFR 502.51. support the direct engagement of public record. Petitioner seeks a rulemaking to amend experts and other legal service providers the Commission’s regulations to permit by the FDIC Legal Division. The 14 Dated in Washington, DC this 14th day of November, 2003. Petitioner to enter into confidential proposed new forms would add 1,595 service contracts as ‘‘ocean common responses, with an estimated response Federal Deposit Insurance Corporation. carriers’’ with their shipper-clients for time of 1.0 hour each, for an additional Robert E. Feldman, the ocean transportation of cargo. The 1,595 hours, thereby increasing the total Executive Secretary. period for the filing of comments in estimated annual burden to 3,498 hours. [FR Doc. 03–28900 Filed 11–18–03; 8:45 am] response to the petition closed on The proposed new forms are as follows: BILLING CODE 6714–01–P October 10, 2003. Expert Invoice for Fees and Expenses, The Commission has determined to FDIC Form 5210/01; Legal Support re-open the comment period. Interested Services (LSS) Provider Invoice for Fees FEDERAL MARITIME COMMISSION persons are requested to submit views and Expenses, FDIC Form 5210/02; or arguments in reply to the petition, or Agreement for Services (Expert or Legal Notice of Agreements Filed in reply to comments already received, no later than January 16, 2004. Support Services (LSS) Provider) The Commission hereby gives notice Amendment, FDIC Form 5210/03; Comments shall consist of an original of the filing of the following agreements and 15 copies, and shall be directed to Agreement for Services (Expert or Legal under the Shipping Act of 1984. Support Services (LSS) Provider) the Secretary, Federal Maritime Interested parties can review or obtain Commission, 800 North Capitol Street Amendment (Cont’), FDIC Form 5210/ copies of agreements at the Washington, 03A; Agreement for Services (Expert/ NW., Washington, DC 20573–0001. It is DC offices of the Commission, 800 also requested that a copy be submitted Legal Support Services (LSS) Provider North Capitol Street, NW., Room 940. in electronic form (WordPerfect, Word Rate Schedule, FDIC Form 5210/04; Interested parties may submit comments or ASCII) on diskette, or e-mailed to Agreement for Services (Expert/Legal on an agreement to the Secretary, [email protected]. Support Services (LSS) Provider Rate Federal Maritime Commission, The Commission has also determined Schedule (Cont’), FDIC Form 5210/04A; Washington, DC 20573, within 10 days to permit interested persons to make Legal Services Agreement (LSA) of the date this notice appears in the oral presentations in this proceeding. At Amendment, FDIC Form 5210/06; Legal Federal Register. the discretion of individual Services Agreement Amendment Agreement No.: 011665–006. Commissioners, interested persons may (Continuation Sheet), FDIC Form 5210/ Title: Specialized Reefer Shipping request one-on-one meetings at which 06(A); Expert Budget, FDIC Form 5210/ Association. they may make presentations describing 08; Outside Counsel Legal Services Parties: their views on the petition. Any meeting Agreement Rate Schedule, FDIC Form LauritzenCool AB, NYK Reefers Ltd. or meetings shall be completed before 5210.10; Outside Counsel Legal Services Seatrade Group NV. the close of the comment period. A Agreement (Cont’), FDIC Form 5210/ Synopsis: The amendment adds NYK summary or transcript of each oral 10A; Legal Invoice for Fees and Reefers Ltd. as a party to the presentation will be included in the Expenses, FDIC Form 5210/11; Law agreement. record and must be submitted to the Firm Travel Voucher, FDIC Form/12; Agreement No.: 201026–004. Secretary of the Commission within 5 and Law Firm Travel Voucher, FDIC Title: New Orleans/P&O Ports LA days of the meeting. Persons wishing to Form 5210/12A. Terminal Lease Agreement. make oral presentations should contact

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the Office of the Secretary to secure days of the meeting. Persons wishing to Commissioners, interested persons may contact names and numbers for make oral presentations should contact request one-on-one meetings at which individual Commissioners. the Office of the Secretary to secure they may make presentations describing The Commission has determined to contact names and numbers for their views on the petition. Any meeting waive the service requirements found at individual Commissioners. or meetings shall be completed before 46 CFR 502.114(b). Instead, copies of all The Commission has determined to the close of the comment period. A filed comments, and copies of waive the service requirements found at summary or transcript of each oral summaries or transcripts of oral 46 CFR 502.114(b). Instead, copies of all presentation will be included in the presentations, may be viewed on the filed comments, and copies of record and must be submitted to the Commission’s web page at http:// summaries or transcripts of oral Secretary of the Commission within 5 www.fmc.gov. presentations, may be viewed on the days of the meeting. Persons wishing to By the Commission. Commission’s Web page at http:// make oral presentations should contact Bryant L. VanBrakle, www.fmc.gov. the Office of the Secretary to secure contact names and numbers for Secretary. By the Commission. Bryant L. VanBrakle, individual Commissioners. [FR Doc. 03–28919 Filed 11–18–03; 8:45 am] The Commission has determined to Secretary. BILLING CODE 6730–01–P waive the service requirements found at [FR Doc. 03–28920 Filed 11–18–03; 8:45 am] 46 CFR 502.114(b). Instead, copies of all BILLING CODE 6730–01–P filed comments, and copies of FEDERAL MARITIME COMMISSION summaries or transcripts of oral [Petition P9–03] presentations, may be viewed on the FEDERAL MARITIME COMMISSION Commission’s Web page at http:// Petition of C.H. Robinson Worldwide [Petition P5–03] www.fmc.gov. Inc. for Exemption Pursuant to Section 16 of the Shipping Act of 1984 To Petition of the National Customs By the Commission. Permit Negotiation, Entry and Brokers and Forwarders Association Bryant L. VanBrakle, Performance of Confidential Service of America, Inc. for Limited Exemption Secretary. Contracts; Reopening of Comment From Certain Tariff Requirements of [FR Doc. 03–28917 Filed 11–18–03; 8:45 am] Period; Oral Presentations the Shipping Act of 1984; Reopening of BILLING CODE 6730–01–P Comment Period; Oral Presentations C.H. Robinson Worldwide, Inc. (‘‘Petitioner’’) has petitioned, pursuant The National Customs Brokers and FEDERAL MARITIME COMMISSION to section 16 of the Shipping Act of Forwarders Association of America, Inc. 1984, 46 U.S.C. app. 1715, and 46 CFR (‘‘Petitioner’’) has petitioned, pursuant [Petition P7–03] 502.67, for an exemption from the to Section 16 of the Shipping Act of Petition of Ocean World Lines, Inc., for Shipping Act, to permit it to negotiate, 1984, 46 U.S.C. app. 1715, and 46 CFR a Rulemaking To Amend and Expand enter into and perform service contracts. 502.67, for an exemption from the the Definition and Scope of ‘‘Special The period for the filing of comments in provisions of Section 8 and 10 of the Contracts’’ To Include All Ocean response to the petition closed on Shipping Act of 1984, which require Transportation Intermediaries; October 10, 2003. non-vessel ocean common carriers Reopening of Comment Period; Oral The Commission has determined to (‘‘NVOCCs’’) to establish, publish, Presentations re-open the comment period. Interested maintain and enforce tariffs setting forth persons are requested to submit views ocean freight rates. Alternatively, Ocean World Lines, Inc. (‘‘Petitioner’’) or arguments in reply to the petition, or Petitioner requests that the Commission has petitioned for the issuance of a in reply to comments already received, consider a more limited exemption and rulemaking pursuant to 46 CFR 502.51. no later than January 16, 2004. rulemaking that would allow NVOCCs Petitioner seeks a rulemaking to address Comments shall consist of an original to establish ‘‘range rates.’’ The period and evaluate the impact of the and 15 copies, and shall be directed to for the filing of comments in response Commission’s rules governing Ocean the Secretary, Federal Maritime to the petition closed on October 10, Transportation Intermediaries (‘‘OTIs’’). Commission, 800 North Capitol Street, 2003. Specifically, Petitioner seeks a NW., Washington, DC 20573–0001. It is The Commission has determined to rulemaking that would expand the also requested that a copy be submitted re-open the comment period. Interested definition and scope of the term in electronic form (WordPerfect, Word persons are requested to submit views ‘‘special contracts’’ to include all OTIs or ASCII) on diskette, or e-mailed to or arguments in reply to the petition, or in the same manner as currently applied [email protected]. in reply to comments already received, to ocean freight forwarders (46 CFR The Commission has also determined no later than January 16, 2004. 515.41(c)). The period for the filing of to permit interested persons to make Comments shall consist of an original comments in response to the petition oral presentations in this proceeding. At and 15 copies, and shall be directed to closed on October 10, 2003. the discretion of individual the Secretary, Federal Maritime The Commission has determined to Commissioners, interested persons may Commission, 800 North Capitol Street, re-open the comment period. Interested request one-on-one meetings at which NW., Washington, DC 20573–0001. It is persons are requested to submit views they may make presentations describing also requested that a copy be submitted or arguments in reply to the petition, or their views on the petition. Any meeting in electronic form (WordPerfect, Word in reply to comments already received, or meetings shall be completed before or ASCII) on diskette, or e-mailed to no later than January 16, 2004. the close of the comment period. A [email protected]. Comments shall consist of an original summary or transcript of each oral The Commission has also determined and 15 copies, and shall be directed to presentation will be included in the to permit interested persons to make the Secretary, Federal Maritime record and must be submitted to the oral presentations in this proceeding. At Commission, 800 North Capitol Street Secretary of the Commission within 5 the discretion of individual NW., Washington, DC 20573–0001. It is

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also requested that a copy be submitted NW, Washington, DC 20573–0001. It is proposal also involves the acquisition of in electronic form (WordPerfect, Word also requested that a copy be submitted a nonbanking company, the review also or ASCII) on diskette, or e-mailed to in electronic form (WordPerfect, Word includes whether the acquisition of the [email protected]. or ASCII) on diskette, or e-mailed to nonbanking company complies with the The Commission has also determined [email protected]. standards in section 4 of the BHC Act to permit interested persons to make The Commission has also determined (12 U.S.C. 1843). Unless otherwise oral presentations in this proceeding. At to permit interested persons to make noted, nonbanking activities will be the discretion of individual oral presentations in this proceeding. At conducted throughout the United States. Commissioners, interested persons may the discretion of individual Additional information on all bank request one-on-one meetings at which Commissioners, interested persons may holding companies may be obtained they may make presentations describing request one-on-one meetings at which from the National Information Center their views on the petition. Any meeting they may make presentations describing website at www.ffiec.gov/nic/. or meetings shall be completed before their views on the petition. Any meeting Unless otherwise noted, comments the close of the comment period. A or meetings shall be completed before regarding each of these applications summary or transcript of each oral the close of the comment period. A must be received at the Reserve Bank presentation will be included in the summary or transcript of each oral indicated or the offices of the Board of record and must be submitted to the presentation will be included in the Governors not later than December 15, Secretary of the Commission within 5 record and must be submitted to the 2003. days of the meeting. Persons wishing to Secretary of the Commission within 5 A. Federal Reserve Bank of St. Louis make oral presentations should contact days of the meeting. Persons wishing to (Randall C. Sumner, Vice President) 411 the Office of the Secretary to secure make oral presentations should contact Locust Street, St. Louis, Missouri contact names and numbers for the Office of the Secretary to secure 63166–2034: individual Commissioners. contact names and numbers for 1. Midland States Bancorp, Inc., The Commission has determined to individual Commissioners. Effingham, Illinois; to acquire 100 waive the service requirements found at The Commission has determined to percent of Sun Security Bank of 46 CFR 502.114(b). Instead, copies of all waive the service requirements found at America, Ellington, Missouri. filed comments, and copies of 46 CFR 502.114(b). Instead, copies of all B. Federal Reserve Bank of Dallas summaries or transcripts of oral filed comments, and copies of (W. Arthur Tribble, Vice President) 2200 presentations, may be viewed on the summaries or transcripts of oral North Pearl Street, Dallas, Texas 75201– Commission’s web page at http:// presentations, may be viewed on the 2272: www.fmc.gov. Commission’s Web page at http:// 1. Professional Capital, Inc., Dallas, By the Commission. www.fmc.gov. Texas and Professional Capital of Bryant L. VanBrakle, By the Commission. Delaware, Inc., Wilmington, Delaware; Secretary. Bryant L. VanBrakle, to become bank holding companies by [FR Doc. 03–28918 Filed 11–18–03; 8:45 am] Secretary. acquiring all of the shares of Professional Bank, National Association, BILLING CODE 6730–01–P [FR Doc. 03–28916 Filed 11–18–03; 8:45 am] BILLING CODE 6730–01–P Dallas, Texas (a de novo bank). Board of Governors of the Federal Reserve FEDERAL MARITIME COMMISSION System, November 13, 2003. [Petition P3–03] FEDERAL RESERVE SYSTEM Robert deV. Frierson, Deputy Secretary of the Board. Petition of United Parcel Service, Inc. Formations of, Acquisitions by, and [FR Doc. 03–28847 Filed 11–18–03; 8:45 am] for Exemption Pursuant to Section 16 Mergers of Bank Holding Companies BILLING CODE 6210–01–S of the Shipping Act of 1984 To Permit The companies listed in this notice Negotiation, Entry and Performance of have applied to the Board for approval, Service Contracts; Reopening of FEDERAL RESERVE SYSTEM pursuant to the Bank Holding Company Comment Period; Oral Presentations Act of 1956 (12 U.S.C. 1841 et seq.) Notice of Proposals To Engage in United Parcel Service, Inc. (BHC Act), Regulation Y (12 CFR Part Permissible Nonbanking Activities or (‘‘Petitioner’’) has petitioned, pursuant 225), and all other applicable statutes To Acquire Companies That Are to Section 16 of the Shipping Act of and regulations to become a bank Engaged in Permissible Nonbanking 1984, 46 U.S.C. app. 1715, and 46 CFR holding company and/or to acquire the Activities 502.67, for an exemption from the assets or the ownership of, control of, or Shipping Act, to permit it to negotiate, the power to vote shares of a bank or The companies listed in this notice enter into and perform service contracts. bank holding company and all of the have given notice under section 4 of the The period for the filing of comments in banks and nonbanking companies Bank Holding Company Act (12 U.S.C. response to the petition closed on owned by the bank holding company, 1843) (BHC Act) and Regulation Y (12 October 10, 2003. including the companies listed below. CFR Part 225) to engage de novo, or to The Commission has determined to The applications listed below, as well acquire or control voting securities or re-open the comment period. Interested as other related filings required by the assets of a company, including the persons are requested to submit views Board, are available for immediate companies listed below, that engages or arguments in reply to the petition, or inspection at the Federal Reserve Bank either directly or through a subsidiary or in reply to comments already received, indicated. The application also will be other company, in a nonbanking activity no later than January 16, 2004. available for inspection at the offices of that is listed in § 225.28 of Regulation Y Comments shall consist of an original the Board of Governors. Interested (12 CFR 225.28) or that the Board has and 15 copies, and shall be directed to persons may express their views in determined by Order to be closely the Secretary, Federal Maritime writing on the standards enumerated in related to banking and permissible for Commission, 800 North Capitol Street, the BHC Act (12 U.S.C. 1842(c)). If the bank holding companies. Unless

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otherwise noted, these activities will be DEPARTMENT OF HEALTH AND identify and carry out a timely response conducted throughout the United States. HUMAN SERVICES to foodborne illnesses, bioterrorism Each notice is available for inspection incidents or other emerging diseases. Centers for Disease Control and at the Federal Reserve Bank indicated. NLS demonstration projects are Prevention The notice also will be available for funded in four states—Washington, Michigan, Minnesota and Nebraska. inspection at the offices of the Board of [30DAY–71–03] The NLS concept would promote Governors. Interested persons may communication and collaboration express their views in writing on the Agency Forms Undergoing Paperwork Reduction Act Review between clinical laboratories and state question whether the proposal complies public health laboratories within their with the standards of section 4 of the The Centers for Disease Control and states. CDC is now proposing to collect BHC Act. Additional information on all Prevention (CDC) publishes a list of data from all state public health bank holding companies may be information collection requests under laboratory directors and from a sample obtained from the National Information review by the Office of Management and of clinical laboratories in each state to Center website at www.ffiec.gov/nic/. Budget (OMB) in compliance with the determine the interest within states in Unless otherwise noted, comments Paperwork Reduction Act (44 U.S.C. implementing the NLS concept. Results regarding the applications must be Chapter 35). To request a copy of these of the data collection will be stratified received at the Reserve Bank indicated requests, call the CDC Reports Clearance by state and used to assist each state’s or the offices of the Board of Governors Officer at (404) 498–1210. Send written public health laboratory in improving not later than December 4, 2003. comments to CDC, Desk Officer, Human communication and collaboration with Resources and Housing Branch, New the clinical laboratories in their state. As A. Federal Reserve Bank of Executive Office Building, Room 10235, more states implement the systems, the Richmond (A. Linwood Gill, III, Vice Washington, DC 20503 or by fax to (202) ability to respond to national President) 701 East Byrd Street, 395–6974. Written comments should be emergencies through individual state Richmond, Virginia 23261–4528: received within 30 days of this notice. systems, would be improved. 1. Carolina Financial Corporation, Proposed Project: Evaluation of the The goals of the data collection are: Charleston, South Carolina; to acquire Process Required to Effectively Expand • To determine the barriers that must certain assets and assume certain the National Laboratory System (NLS) to be overcome to expand the NLS concept liabilities of Crescent Mortgage Services, All States—New—Public Health in other states. Inc., Atlanta, Georgia, and thereby Practice Program Office (PHPPO), • To determine the readiness of states engage in extending credit and servicing Centers for Disease Control and to develop relationships with clinical loans, pursuant to section 225.28(b)(1) Prevention (CDC). laboratories. • of Regulation Y. In October 2000, the Centers for To determine the most effective Disease Control and Prevention (CDC) communication links for sharing Board of Governors of the Federal Reserve and the Association of Public Health information among state public health System, November 13, 2003. Laboratories (APHL) collaborated to laboratories and clinical laboratories Robert deV. Frierson, support demonstration projects within the state. Deputy Secretary of the Board. designed to test the feasibility of • To understand what topics of [FR Doc.03–28846 Filed 11–18–03; 8:45 am] strengthening the relationship between public health significance could be BILLING CODE 6210–01–S private clinical and public health addressed in each state if laboratories to more rapidly identify and communication and coordination respond to emerging problems of public between the clinical and state public health importance. The National health laboratories were improved. Laboratory System (NLS) concept was • To determine the most successful proposed because of concerns about the approach state laboratories should use potential impact that a lack of based on the organizational structure integration among clinical and public and climate of the state health health laboratories could have on the department. The estimated annual ability of the public health system to burden is 325 hours.

No. of re- Avg. burden Respondents No. of sponses per per response respondents respondent (in hrs.)

Survey of State Public Health Directors in States Without NLS ...... 50 1 30/60 Survey of Clinical Laboratory Directors in All States ...... 600 1 30/60

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Dated: November 13, 2003. Region VII Kansas City, MO; Region VIII goal-driven structure and is organized as Laura Yerdon Martin, Denver, CO; Region IX San Francisco, follows: Acting Director, Office of the Executive CA; and Region X Seattle, WA. Office of the Regional Administrator Secretariat, Centers for Disease Control and Each Regional Office in its respective (KD1A) Prevention. region represents ACF to state, county, Goal#1—Family Self Sufficiency [FR Doc. 03–28865 Filed 11–18–03; 8:45 am] city or town, territories, and tribal Goal#2—Healthy Children, Families and BILLING CODE 4163–18–P governments, grantees, and public and Communities private local organizations in the Goal#3—Financial Management B. Delete KD1.20 Functions, administration of programs that assist Paragraph A, in its entirety and replace DEPARTMENT OF HEALTH AND vulnerable and dependent children and HUMAN SERVICES with the following: families in achieving independence, KD1.20 Functions. A. The Regional stability, and self-reliance. These Administration for Children and Office is headed by a Regional programs include: Child Support Families Administrator who reports to the Enforcement (CSE), Temporary Assistant Secretary for Children and Statement of Organization, Functions, Assistance for Needy Families (TANF), Families through the Director, Office of and Delegations of Authority for Foster Care and Adoption Assistance, Regional Operations. In addition, the Regional Offices Head Start, Early Head Start, Child Office of the Regional Administrator has Welfare, Child Care and Development a Deputy Regional Administrator. The This Notice amends Part K of the Fund, Child Abuse and Neglect, Office provides executive leadership to Statement of Organization, Functions, Runaway and Homeless Youth, and state, county, city, territorial and tribal and Delegations of Authority of the Developmental Disabilities. governments, as well as public and Department of Health and Human The ACF Regional Offices oversee the private local grantees to ensure Services (HHS), Administration for programmatic and financial effective, efficient, results-oriented Children and Families (ACF) as follows: management and coordination of the program and financial management. In Chapter KD, the Regional Offices of the ACF programs in the regions and addition, the Regional Administrator is Administration for Children and provide guidance and assistance to the responsible for alerting the Assistant Families for: Region I, as last amended various entities responsible for Secretary for Children and Families (61 FR 50029–30) September 24, 1996; administering these programs. They through the Director, Office of Regional Region II, as last amended (61 FR monitor the programs to ensure Operations to issues that may have 18147–49) April 24, 1996, and (60 FR compliance with applicable laws and significant regional and/or national 21211–12) May 1, 1995; Region III, as regulations, and adherence to program impact. ACF’s primary goal is to assist last amended (61 FR 68045) April 26, and fiscal policies and procedures. They vulnerable and dependent children and 1996; Region IV, as last amended (62 FR contribute to the development of ACF 15897–99) April 3, 1997; Region V, as families to achieve economic national policy based on knowledge of independence, stability and self- last amended (65 FR 8173–74) February implementation and services in the 17, 2000; Region VI, as last amended (61 reliance. The Office is responsible for region. The ACF Regional Offices FR 18147–49) April 24, 1996, and (60 providing centralized management and review and approve state plans and, if FR 27315–16) May 23, 1995; Region VII, technical administration of ACF warranted, submit recommendations to as last amended (61 FR 3937–38) formula, block, entitlement and the Assistant Secretary for Children and February 2, 1996; Region VIII, as last discretionary grant programs which are Families for state plan disapproval. amended (61 FR 52565–66) October 8, designed to assist families achieve They issue grant awards directly for 1997; Region IX, as last amended (62 FR economic independence and self- certain programs, and make 31610–11) June 10, 1997; and Region X, sufficiency, and to ensure that children recommendations to approve and/or as last amended (61 FR 68045–47) have safe, healthy and permanent disapprove grant awards for other December 26, 1996. environments in which to grow. It This Notice reflects the elimination of programs. They advise the Assistant oversees ACF operations and the the five-region ‘‘Hub’’ structure and the Secretary for Children and Families of management of ACF regional staff, re-establishment of a ten-region problems and issues that may have coordinates activities across regional organizational structure. significant regional or national impact. programs; and assures that goals and Each Regional Office is headed by a The ACF Regional Offices act as liaison objectives are met and departmental and Regional Administrator who serves as with the entities responsible for agency initiatives are carried out. the principal senior official for the administering the programs, other In order to ensure that agency goals Administration for Children and Federal agencies, and public and private are accomplished, the Office of the Families (ACF) in providing executive local organizations serving children and Regional Administrator provides leadership, direction and coordination families. They develop plans to meet leadership to grantees through a staff of ACF programs, goals and priorities in ACF goals and objectives and HHS organized around and focused on ACF the ten Regional Offices. initiatives. They participate in regional goals and priorities. ACF programs and activities to inform the public about functions are grouped within offices I. Chapter KD Is Amended as Follows ACF programs in coordination with the according to ACF goals and priorities. A. Delete KD.00 Mission in its ACF Office of Public Affairs and the Each group reports to a goal leader entirety and replace with the following: Office of the Secretary at the regional charged with achieving measurable KD.00 Mission. The Regional Offices level. progress towards ACF goals and of the Administration for Children and priorities, through its work with state II. Region I, Boston Office of ACF Families (ACF) operate with ten and local grantees, the public, other Regional Offices and are located as A. Delete KD1.10 Organization in its Federal agencies and internally within follows: Region I Boston, MA; Region II entirety and replace with the following: the Department. The Regional goal New York, NY; Region III Philadelphia, KD1.10 Organization. The structure is designed to allow ACF to PA; Region IV Atlanta, GA; Region V Administration for Children and respond quickly in a dynamic and Chicago, IL; Region VI Dallas, TX; Families, Region I, Boston Office has a changing environment to emphasize,

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focus on and achieve ACF and HHS administrative functions, including management of ACF regional staff; goals and priorities. budget, performance management, coordinates activities across regional The Office takes action to approve procurement, property management, programs; and assures that goals and certain state plans and submits employee relations, human resource objectives are carried out. The Office recommendations to the Assistant development activities and alerts the Assistant Secretary for Secretary for Children and Families communications. Children and Families to problems and concerning state plan disapproval. The The Office represents ACF at the issues that may have significant regional Office contributes to the development of regional level in executive or national impact. It represents ACF at national policy based on regional communications within ACF, with the the regional level in executive perspectives on all ACF programs. HHS Regional Director, other HHS communications within ACF, with the The Office provides policy guidance operating divisions, other Federal HHS Regional Director, other HHS to state, county, city or town and tribal agencies, and public or private local operating divisions, other Federal governments and public and private organizations representing children and agencies, and public or private local organizations to assure consistent and families. organizations representing children and uniform adherence to federal families. requirements governing ACF programs. III. Region II, New York Office of ACF Within the Office of the Regional The Office provides technical assistance A. Delete KD2.10 Organization in its Administrator, an administrative staff to entities responsible for administering entirety and replace with the following: directs the development of regional ACF programs to resolve identified KD2.10 Organization. The work plans related to the overall ACF problems, ensures that appropriate Administration for Children and strategic plan; tracks, monitors and procedures and practices are adopted, Families, Region II, New York Office is reports on regional progress in the works with appropriate state and local organized as follows: attainment of ACF national goals and officials to develop and implement Office of the Regional Administrator objectives; and manages special and outcome-based performance measures (KD2A) sensitive projects. It serves as the focal and monitors the programs to ensure Office of Management and Data Services point for public affairs and contacts their efficiency and effectiveness. It (KD2B) with the media, public awareness ensures that these entities conform to Office of State and Youth Programs activities, information dissemination federal laws, regulations, policies and (KD2C) and education campaigns in accordance procedures governing the programs, and Office of Early Childhood Programs with the ACF Office of Public Affairs exercises all delegated authorities and (KD2D) and in conjunction with the HHS responsibilities for oversight of the Regional Director; and assists the programs. The Office also reviews cost B. Delete KD2.20 Functions, Regional Administrator in the estimates and reports for ACF grant Paragraph A, in its entirety and replace management of cross-cutting initiatives programs and recommends funding with the following: and activities among the regional levels. The Office performs systematic KD2.20 Functions. A. The Regional components. fiscal reviews and makes Office is headed by a Regional C. Delete KD2.20 Functions, recommendations to the Regional Administrator who reports to the Paragraph B in its entirety and replace Administrator to approve or disallow Assistant Secretary for Children and with the following: costs under ACF grant programs and to Families through the Director, Office of B. The Office of Management and approve, defer or disallow claims for Regional Operations. The Office is Data Services is headed by an Assistant federal financial participation in ACF responsible for the Administration for Regional Administrator for Operations formula and entitlement grant programs. Children and Families’ key national who reports to the Regional As applicable, recommendations are goals and priorities. It represents ACF’s Administrator. The Office provides day- made on the clearance and closure of regional interests, concerns, and to-day support for regional audits of state and local grantee relationships within the Department administrative and grants management programs, paying particular attention to and among other Federal agencies and functions, and provides data financial management deficiencies that focuses on state agency culture change, management and statistical analysis decrease the efficiency and effectiveness more effective partnerships, and support to all Regional Office of the ACF programs and taking steps to improved customer service. The Office components. Administrative functions monitor the resolution of such provides executive leadership and include budget planning and execution, deficiencies. The Office issues certain direction to state, county, city, territorial facility management, employee grant awards based on a review of and tribal governments, as well as relations, and human resources project objectives, budget projections, public and private local grantees to development. The Assistant Regional and proposed funding levels. The Office ensure effective and efficient program Administrator, acting in the capacity of establishes regional financial and financial management. It ensures Financial/Grants Management Officer, management priorities and reviews cost that these entities conform to federal and staff provide expertise in business allocation plans, and assists in the laws, regulations, policies and and other non-programmatic areas of review of office automation systems in procedures governing the programs, and grants administration and help ensure the region and state systems projects for exercises all delegated authorities and that grantees fulfill requirements of ACF programs. responsibilities for oversight of the laws, regulations, and administrative The Office provides leadership in programs. The Office takes action to policies. The Office establishes regional forming results-oriented, customer- approve certain state plans and submits financial management priorities; focused partnerships with its recommendations to the Assistant reviews cost allocation plans; and administrators of ACF programs. The Secretary for Children and Families makes recommendations to the Regional Office is also responsible for providing concerning state plan disapproval. The Administrator to (1) approve, defer or administration and management Office contributes to the development of disallow claims for federal financial support for the Regional Office. The national policy based on regional participation in ACF formula and Office is responsible for day-to-day perspectives for all ACF programs. It entitlement programs and (2) approve or operational management of regional oversees ACF operations and the disallow costs under ACF discretionary

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grant programs. As applicable, it makes jurisdiction. It alerts the Regional regional external communications and recommendations on the clearance and Administrator to problems or issues that serves as ACF liaison with the HHS closure of audits of state and grantee have significant implications for the Regional Director, other HHS operating programs, paying particular attention to programs. divisions, other federal agencies, and deficiencies that decrease the efficiency public or private local organizations IV. Region III, Philadelphia Office of and effectiveness of ACF programs and representing children and families. taking steps to resolve such deficiencies. ACF C. Delete KD3.20 Functions, The Office represents the Regional A. Delete KD3.10 Organization in its Paragraph B, in its entirety and replace Administrator on administrative and entirety and replace with the following: with the following: grants management matters with ACF KD3.10 Organization. The B. The Office of Program and central office, states, contractors and Administration for Children and Administrative Support is headed by an grantees. It alerts the Regional Families, Region III, Philadelphia Assistant Regional Administrator who Administrator to problems or issues that Office, is organized as follows: reports to the Regional Administrator. have significant implications for Office of the Regional Administrator The Office assists the Regional functional areas under its jurisdiction. (KD3A) Administrator in providing day-to-day D. Delete KD2.20 Functions, Office of Program and Administrative support for regional administrative Paragraph C, in its entirety and replace Support (KD3B) functions, including budget, with the following: Office of Family Services (KD3C) performance management, procurement, C. The Office of State and Youth Office of Child Development and property management, financial Programs is headed by an Assistant Developmental Disabilities (KD3D) management, external and internal Regional Administrator who reports to systems, statistical analyses, employee B. Delete KD3.20 Functions, the Regional Administrator and consists relations and human resource Paragraph A, in its entirety and replace of: Child Support Enforcement Division; development activities. with the following: Self-Sufficiency Programs Division; and The Office oversees the management KD3.20 Functions. A. The Regional Youth and Family Services Division. and coordination of automated systems The Office is responsible for Office is headed by a Regional in the region, and provides data providing centralized program, financial Administrator who reports to the management and statistical analysis management and technical Assistant Secretary for Children and support to all Regional Office administration of certain ACF formula, Families through the Director, Office of components. Data management entitlement, block and discretionary Regional Operations. The Office responsibilities include the programs, such as Temporary provides executive leadership and development of automated system Assistance to Needy Families (TANF), directives to state, county, city, applications to support and enhance Child Care Development Fund, Child territorial and tribal governments, as program, fiscal, administrative and Support Enforcement, Child Welfare well as public and private local grantees quality control operations, and the Services, Family Preservation and to ensure effective and efficient program compilation and analysis of data on Support, Foster Care and Adoption and financial management. It ensures demographic and service trends that Assistance, Child Abuse and Neglect, that these entities conform to federal assist in monitoring and oversight and Runaway and Homeless Youth. laws, regulations, policies and responsibilities. Statistical analysis The Office represents the Regional procedures governing the programs, and functions include the review of state Administrator in dealing with ACF exercises all delegated authorities and and federal sampling procedures. The central office, states and grantees on all responsibilities for oversight of the Office is also responsible for the program and financial management programs. development and maintenance of policy matters for programs under its The Office, through its Grants Officer, internal software applications to jurisdiction. It alerts the Regional establishes regional financial support the operation of the region’s Administrator to problems or issues that management priorities. The Office other components and provides backup have significant implications for the provides cost allocation and financial to the OIS on-site Systems programs. support to the Office of Family Services Administrator. The Office represents the E. Delete KD2.20 Functions, and the Office of Child Development Regional Administrator on Paragraph D, in its entirety and replace and Developmental Disabilities. The administrative matters and on internal with the following: Office takes action to approve certain and state systems matters with ACF D. The Office of Early Childhood state plans and submits central office, states, contractors and Programs is headed by an Assistant recommendations to the Assistant grantees. It alerts the Regional Regional Administrator who reports to Secretary for Children and Families Administrator to problems or issues that the Regional Administrator and consists concerning state plan disapproval, have significant implications for of: New Jersey and Caribbean Division; where applicable. The Office functional areas under its jurisdiction. and New York State Division. contributes to the development of D. Delete KD3.20 Functions, The Office is responsible for national policy based on regional Paragraph C, in its entirety and replace providing a centralized program, perspectives on all ACF programs. It with the following: financial management and technical oversees ACF operations and the C. The Office of Family Services is administration of certain ACF formula, management of ACF regional staff; headed by an Assistant Regional entitlement, and discretionary coordinates activities across regional Administrator who reports to the programs, such as Head Start and Early programs; and assures that goals and Regional Administrator. Head Start Programs, and objectives are met and departmental and The Office is responsible for Developmental Disabilities. agency initiatives are carried out. The providing centralized management, The Office represents the Regional Office alerts the Assistant Secretary for financial management services, and Administrator in dealing with ACF Children and Families to problems and technical administration of ACF central office, states and grantees on all issues that may have significant regional formula, block and entitlement program and financial management or national impact. The Office provides programs such as TANF (Temporary policy matters for programs under its executive representation for ACF in Assistance to Needy Families), Child

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Care, Child Support Enforcement (CSE), Regional Administrator. The Office is Administrator who reports to the Foster Care and Adoption Assistance, responsible for providing centralized Assistant Secretary for Children and Child Welfare, Child Abuse and Neglect management, financial management Families through the Director, Office of and the discretionary Runaway and services, and technical administration of Regional Operations. The Office is Homeless Youth Program. ACF grant programs such as Head Start, responsible for administration and The Office provides policy guidance Early Head Start, and Developmental oversight of the Administration for to state, county, city or town and tribal Disabilities programs. Children and Families’ (ACF) programs governments and public and private In that regard, the Office provides and key national goals and priorities. It organizations to assure consistent and policy guidance to state, county, city or represents ACF’s regional interests, uniform adherence to federal town and tribal governments and public concerns, and relationships within the requirements governing formula and and private organizations to assure Department and among other Federal entitlement programs. State plans are consistent and uniform adherence to agencies and focuses on state agency reviewed and recommendations federal requirements. The Office culture change, more effective concerning state plan approval or provides technical assistance to entities partnerships, and improved customer disapproval are made to the Regional responsible for administering these service and results-oriented Administrator. The Office provides programs to ensure that appropriate performance measurement. The Office technical assistance to entities procedures and practices are adopted, provides executive leadership and responsible for administering these and monitors the programs to ensure direction to state, county, city, and programs to resolve identified problems, their efficiency and effectiveness. The tribal governments, as well as public ensures that appropriate procedures and Office performs systematic fiscal and private local grantees to ensure practices are adopted, monitors the reviews; makes recommendations to the effective and efficient program and programs to ensure their efficiency and Regional Administrator to approve or financial management. It ensures that effectiveness, establishes regional disallow costs under ACF discretionary these entities conform to federal laws, financial management priorities and grant programs; and makes regulations, policies and procedures reviews cost allocation plans, and recommendations to the Regional governing the programs, and exercises monitors state systems projects for the Administrator concerning state plan all delegated authorities and CSE, TANF, Child Care, and Child approval or disapproval, as applicable. responsibilities for oversight of the Welfare programs. The Office provides The Office issues discretionary grant programs. financial management services for ACF awards based on a review of project The Office takes action to approve formula and entitlement grants in the objectives, budget projections, and certain state plans and submits region as well as for the Runaway and proposed funding levels. As applicable, recommendations to the Assistant Homeless Youth Program, which is a recommendations are made on the Secretary for Children and Families discretionary grant. The Office issues clearance and closure of audits of concerning state plan disapproval, discretionary grant awards based on a grantee programs, paying particular where applicable. The Office review of project objectives, budget attention to financial management contributes to the development of projections, and proposed funding deficiencies that decrease the efficiency national policy based on regional levels. The Office also reviews cost and effectiveness of the ACF programs perspectives on all ACF programs. It estimates and reports for ACF and taking steps to monitor the oversees ACF operations and the entitlement and formula grant programs resolution of such deficiencies. management of ACF regional staff; and recommends funding levels. The The Office represents the Regional coordinates activities across regional programs; and assures that ACF goals Office performs systematic fiscal Administrator in dealing with ACF reviews and makes recommendations to are met and departmental and agency program offices on all program policy the Regional Administrator to approve, initiatives are carried out. The Office and financial matters under its defer or disallow claims for federal alerts the Assistant Secretary for jurisdiction. Alerts or early warnings are financial participation in ACF formula Children and Families to problems and provided to the Regional Administrator and entitlement grant programs. As issues that may have significant regional regarding problems or issues that may applicable, recommendations are made or national impact. The Office provides have significant implications on the on the clearance and closure of audits, executive representation for ACF in programs. paying particular attention to financial regional external communications, and management deficiencies that decrease V. Region IV, Atlanta Office of ACF serves as ACF liaison with the HHS the efficiency and effectiveness of the A. Delete KD4.10 Organization in its Regional Director, other HHS operating divisions, other federal agencies, and ACF programs and taking steps to entirety and replace with the following: public or private local organizations monitor the resolution of such KD 4.10 Organization. The deficiencies. The Office represents the representing children and families. Administration for Children and Regional Administrator in dealing with Within the Office of the Regional Families, Region IV, Atlanta Office is the ACF program offices on all program Administrator are a Special Initiatives organized as follows: and financial policy matters under its Staff and an Administrative Staff. The jurisdiction. Alerts or early warnings are Office of the Regional Administrator Special Initiatives staff is responsible for provided to the Regional Administrator (KD4A) providing leadership, direction, regarding problems or issues that may Office of the Deputy Regional coordination and implementation of have significant implications for the Administrator (KD4B) Administration, HHS, and ACF programs. Division of Community Programs priorities and initiatives in the Region. E. Delete KD3.20 Functions, (KD4B1) The staff assists the Regional Paragraph D, in its entirety and replace Division of State Programs (KD4B2) Administrator in the promotion and with the following: B. Delete KD4.20 Functions, establishment of collaborative D. The Office of Child Development Paragraph A, in its entirety and replace partnerships of the priorities and and Developmental Disabilities is with the following: initiatives in every program area. headed by an Assistant Regional KD4.20 Functions. A. The Regional Additionally, it serves as focal point for Administrator who reports to the Office is headed by a Regional media inquiries and public affairs

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activities and liaison with the Office of reviews, makes recommendations to the procedures and practices that promote Community Services relative to the Deputy Regional Administrator and policy compliance and program development of partnerships and Regional Administrator to approve or efficiency and effectiveness. The collaborations around the Community disallow costs under the ACF Division provides financial management Services/Action Agencies activities. The discretionary grant regulations, and oversight for ACF grants under its Administrative staff manages the makes recommendations regarding grant jurisdiction; reviews cost allocation regional administrative functions, approval and disapproval. The Division plans, program objectives, budget budget planning and execution process, issues discretionary grant awards based projections, cost estimates, and reports. human resource and staff development on a review of project objectives, budget The Division performs systematic fiscal activities, and technology. projections, and proposed funding reviews and makes recommendations to C. Delete KD4.20 Functions, levels. The Division makes the Regional Administrator to approve, Paragraph B, in its entirety and replace recommendations on the clearance and defer, or disallow claims for financial with the following: closure of grantee audits, paying participation in ACF grants. As B. The Office of the Deputy Regional particular attention to financial applicable, the Division makes Administrator consists of the Deputy management deficiencies that decrease recommendations regarding the and the Grants Officers. The Deputy the efficiency and effectiveness of clearance and closure of audits, paying Regional Administrator serves as the program service delivery to customers, particular attention to financial full deputy or ‘‘alter ego’’ to the and taking steps to monitor the management deficiencies that decrease Regional Administrator, Administration resolution of such deficiencies. The the efficiency and effectiveness of ACF for Children and Families. The Deputy Division oversees the management and programs and closely monitors the assists the Regional Administrator with coordination of the Head Start resolution of such deficiencies. responsibility for providing executive automation systems such as the Grant The Division represents the Regional direction, leadership and coordination Application and Budget Instrument Administrator in dealing with entities to all ACF programs, financial (GABI) for budget analysis on Head Start receiving ACF funding on all matters operations and related activities in the refunding applications, and to monitor under its jurisdiction, and in providing Region. The Deputy has primary grantee systems projects such as the early warnings of problems or issues responsibility for overseeing day-to-day Head Start Program Information Report that may have significant implications program operations. In the absence of (PIR) and the Head Start Management for ACF programs. Additionally, the the Regional Administrator, the Deputy Tracking System. The Division Division provides oversight of state Regional Administrator acts on all represents the Regional Administrator systems projects for ACF programs and matters within the jurisdiction of the in dealing with grantees on all matters is focal point for technical assistance to Regional Administrator, with full of program policy and financial matters states on the development and authority. under its jurisdiction, providing early enhancement of automated systems. The Grants Officers, functioning warnings on problems or issues that independently of all program offices, may have significant implications for VI. Region V, Chicago Regional Office provide program staff with expertise in ACF programs operated by local of ACF the technical and other non- grantees. A. Delete KD5.10 Organization in its programmatic areas of grants E. Delete KD4.20 Functions, entirety and replace with the following: administration, and provide appropriate Paragraph D, in its entirety and replace KD5.10 Organization. The internal control and checks and with the following: Administration for Children and balances to ensure financial integrity in D. The Division of State Programs is Families, Region V, Chicago Office, is all phases of the grants process. headed by a Director who reports to the organized as follows: D. Delete KD4.20 Functions, Deputy Regional Administrator. The Paragraph C, in its entirety and replace Division consists of three branches Office of the Regional Administrator with the following: responsible for providing centralized (KD5A) C. The Division of Community management, financial management Office of Family Self-Sufficiency Programs is headed by a Director who services, and technical administration of Programs (KD5C) reports to the Deputy Regional ACF formula, block and entitlement Office of Family and Child Development Administrator. The Division consists of programs including Temporary Programs (KD5D) three branches with responsibility for Assistance for Needy Families (TANF), B. Delete KD5.20 Functions, ACF oversight and technical Child Care, Child Support Enforcement, Paragraph A, in its entirety and replace administration of the Head Start and Foster Care and Adoption Assistance, with the following: discretionary grants funded directly Child Welfare, Family Preservation and KD5.20 Functions. A. The Regional from ACF to community-based grantees Support Services, Child Abuse and Office is headed by a Regional in the eight states. The Division Neglect and Developmental Disabilities. Administrator who reports to the provides policy guidance to county, The Division provides policy Assistant Secretary for Children and city, town or tribal governments and guidance to state, county, city, town or Families through the Director, Office of public and private organizations to tribal governments and public and Regional Operations. In addition, the assure consistent compliance with private organizations to assure Office of the Regional Administrator has federal requirements and the adoption consistent and uniform adherence to a Deputy Regional Administrator. The of appropriate policies and procedures. federal requirements governing ACF Office is responsible for the The Division performs systematic on- grants. State plans are reviewed and Administration for Children and site reviews of grantees to determine recommendations made to the Regional Families’ key national goals and compliance with applicable federal Administrator concerning state plan priorities. It represents ACF’s regional requirements, requiring correction of approvals or disapprovals. The Division interests, concerns, and relationships identified deficiencies and, where provides technical assistance to entities within the Department and among other necessary, adverse actions including responsible for administering ACF Federal agencies, and focuses on State defunding of dysfunctional grantees. grants, resolving identified problems agency culture change, more effective The Division performs systematic fiscal and ensuring adoption of appropriate partnerships, collaborative relationships

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and improved customer service. The performance management, media ACF central office, states and grantees Office provides executive leadership inquiries and public affairs activities. on all program and financial and direction to state, county, city, and 1. The Management and management policy matters for tribal governments, as well as public Administration Team directs and programs under its jurisdiction. It and private local grantees to ensure facilitates the development of regional provides guidance and direction to effective and efficient program and work plans related to the overall ACF States and grantees to improve the financial management. It ensures that strategic plan; tracks, monitors and efficiency and effectiveness of ACF these entities conform to federal laws, reports on regional progress in the programs. It alerts the Deputy Regional regulations, policies and procedures attainment of ACF national goals and Administrator to problems or issues that governing the programs, and exercises objectives; and coordinates and manages have significant implications for the all delegated authorities and special and sensitive projects. programs. The Office consists of two responsibilities for oversight of the Additionally it manages administrative branches operating collaboratively programs. The Office takes action to functions, budget planning and within a Tri-State team environment to approve certain state plans and submits execution and human resource administer Child Support Enforcement, its recommendations to the Assistant development. It serves as the focal point Child Welfare Services, Foster Care and Secretary for Children and Families for public affairs, in accordance with the Adoption Assistance, Child Abuse and concerning state plan disapproval. The ACF Office of Public Affairs and in Neglect, Temporary Assistance to Needy Office contributes to the development of conjunction with the HHS Regional Families and Runaway and Homeless national policy based on regional Director; and assists the Regional Youth Programs for assigned states. The Administrator in the management of perspectives for all ACF programs. It two branches provide policy guidance cross-cutting initiatives and activities oversees ACF operations and the to states to assure consistent and among regional components. uniform adherence to federal management of ACF regional staff and 2. The Fiscal Integrity Team is coordinates the regional continuity of requirements governing formula, responsible for providing centralized entitlement, block and discretionary operations plan (COOP) in conjunction financial management and technical with the Regional Director, Regional grant programs. The two Branches are administration of certain ACF formula, the Illinois, Indiana, Michigan Branch Health Administrator and GSA. Also, discretionary, entitlement and block and the Minnesota, Ohio, Wisconsin the Office coordinates activities across grant programs. These programs include Branch. The Office also consists of the regional programs; coordinates regional Temporary Assistance to Needy Program Integration and Collaboration initiatives and operations; and assures Families, Child Support, Child Welfare Team. The Program Integration and that goals and objectives are carried out. Services, Foster Care and Adoption Collaboration Team provides The Office alerts the Assistant Secretary Assistance, Child Abuse and Neglect, administrative support, training, and for Children and Families to problems Developmental Disabilities and facilitation of cross-cutting program and issues that may have significant Runaway and Homeless Youth. It initiatives and projects. regional or national impact. It represents provides expert grants management D. Delete KD5.20 Functions, ACF at the regional level in executive technical support to the Office of Family Paragraph C, in its entirety and replace communications within ACF, with the Self-Sufficiency and the Office of with the following: HHS Regional Director, other HHS Family and Child Development to C. The Office of Family and Child operating divisions, other federal resolve complex problems in such areas Development is headed by a Director agencies, and public or private local as cost allocation, accounting who reports to the Deputy Regional organizations representing children and principles, audit, deferrals and Administrator. The Office is responsible families. The Deputy Regional disallowances. It provides data for providing centralized program, Administrator serves as the full deputy management support to all Regional financial management and technical or ‘‘alter ego’’ to the Regional Office components. administration of certain ACF Administrator, Administration for 3. The Grants Officer, functioning discretionary, formula and block grant Children and Families. The Deputy independently of all program offices, programs, such as Head Start, Early assists the Regional Administrator with provides program staff with expertise in Head Start, Developmental Disabilities responsibility for providing executive the technical and other non- and the Child Care and Development direction, leadership and coordination programmatic areas of grants Fund. The Office of Family and Child to all ACF programs, financial administration, and provides Development represents the Regional operations and related activities in the appropriate internal controls and checks Administrator in dealing with ACF Region. The Deputy has primary and balances to ensure financial central office, states and grantees on all responsibility for managing the day-to- discretionary grants integrity in all program and financial management day operations. In the absence of the phases of the grants process. The Grants policy matters for programs under its Regional Administrator, the Deputy acts Officer, in conjunction with the Fiscal jurisdiction. It alerts the Deputy on all matters within the jurisdiction of Integrity Team, provides guidance to Regional Administrator to problems or the Regional Administrator with full program offices on more complex issues that have significant implications authority. Within the Office of the financial management issues. The for the programs. Regional Administrator, are the Grants Officer approves and signs all The Office consists of three branches Management and Administration, and discretionary grants. operating collaboratively within a Bi- Fiscal Integrity Teams along with the C. Delete KD5.20 Functions, State team environment to administer Grants Officer. The Deputy supervises Paragraph B, in its entirety and replace Head Start, Early Head Start and Child and directs the activities of these teams, with the following: Care programs and a Program focusing on regional administrative B. The Office of Family Self- Integration and Collaboration Team. The functions, including budget planning Sufficiency Programs is headed by a Program Integration and Collaboration and execution, procurement, facility Director who reports to the Deputy Team provides administrative support, and property management, financial Regional Administrator. The Office of training and facilitation of cross-cutting management, employee relations, Family Self-Sufficiency represents the program initiatives and projects in human resources development, Regional Administrator in dealing with addition to administering the

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Developmental Disabilities Program. partnerships, collaborative relationships programmatic areas of grant award and The Head Start and Child Care branches for outcomes/results, and improved, administration, and provide appropriate provide guidance to states and grantees quality customer service. The Office internal controls and checks and to assure consistent and uniform provides executive leadership and balances to ensure financial integrity in adherence to federal requirements direction to state, county, city, territorial all phases of the grants process. The governing discretionary and block grant and tribal governments, as well as to Grants Officer, who serves as the team programs. It provides guidance and other public and private local grantees leader of the Financial Management direction to States and grantees to to ensure effective and efficient program Resource Team, and the Grants Advisor improve the efficiency and effectiveness and financial management. The Office provide guidance to program offices on of ACF programs. A Financial ensures that these entities conform to more complex financial management Management Officer is located in each federal laws, regulations, policies and issues. The Grants Officer approves and branch of the Office of Family and Child procedures governing the programs, and signs all discretionary grants. The Development to provide expertise in exercises all delegated authorities and Grants Advisor has the full delegated business and other non-programmatic responsibilities for oversight of the grant authority and serves in that areas of grants administration and to programs. capacity in the absence of the Grants help ensure that grantees fulfill The Office takes action to approve Officer. requirements of law, regulations and certain state and tribal plans, and The Financial Management Resource administrative policies. The Office submits its recommendations to the Team is responsible for providing establishes regional financial Assistant Secretary for Children and centralized financial management and management priorities; reviews cost Families concerning state plan technical administration of certain ACF allocation plans, and makes disapproval. The Office contributes to discretionary, entitlement, and block recommendations to the Regional the development of national policy grant programs. These programs include Administrator to disallow costs under based on regional perspectives for all Temporary Assistance to Needy ACF discretionary, formula and block ACF programs. It oversees ACF Families, Child Care Programs, Child grant programs. The Office issues grant operations and the management of ACF Support Enforcement, Child Welfare awards based on a review of project regional staff; coordinates activities Services, Foster Care and Adoption objectives, budget projections and across regional programs; coordinates Assistance, Child Abuse and Neglect, proposed funding levels. As applicable, regional initiatives and operations; and Developmental Disabilities, Head Start, it makes recommendations on the assures that goals and objectives are Early Head Start and Runaway and clearance and closure of audits of state carried out. The Office alerts the Homeless Youth. It is responsible for and grantee programs, paying particular Assistant Secretary for Children and ensuring that, for grants under their attention to deficiencies that decrease Families to problems and issues that cognizance, both federal staff and the efficiency and effectiveness of ACF may have significant regional or grantees fulfill applicable statutory, programs and taking steps to resolve national impact. It represents ACF at the regulatory, and administrative policy such deficiencies. regional level in executive requirements. It provides expert grants communications within ACF, with the management technical support to the VII. Region VI, Dallas Office of ACF HHS Regional Director, other HHS Office of State and Tribal Programs and A. Delete KD6.10 Organization in its operating divisions, other federal Office of Community Programs to entirety and replace with the following: agencies, and public or private local resolve complex problems in such areas KD6.10 Organization. The organizations representing children and as cost allocation, accounting Administration for Children and families. principles, audit, deferrals and Families, Region VI, Dallas Office, is The Deputy Regional Administrator disallowances. organized as follows: serves as the full deputy or ‘‘alter ego’’ The Associate Regional Administrator to the Regional Administrator, shares in the responsibility for executive Office of the Regional Administrator Administration for Children and direction, leadership and coordination (KD6A) Families. The Deputy assists the to all ACF programs, financial Office of State and Tribal Programs Regional Administrator with operations and related activities in the (KD6E) responsibility for providing executive Region. The Associate Regional Office of Community Programs (KD6F) direction, leadership and coordination Administrator has primary B. Delete KD6.20 Functions, to all ACF programs, financial responsibility for regional Paragraph A, in its entirety and replace operations and related activities in the administrative operations and with the following: Region. The Deputy has primary management of the region’s technology KD6.20 Functions. A. The Regional responsibility for managing the day-to- programs and operations. The Associate Office is headed by a Regional day operations. In the absence of the Regional Administrator supervises Administrator who reports to the Regional Administrator, the Deputy acts administrative staff, assisting the Assistant Secretary for Children and on all matters within the jurisdiction of Regional Administrator in providing Families through the Director, Office of the Regional Administrator with full day-to-day support for regional Regional Operations. In addition, the authority. administrative functions, including Office of the Regional Administrator has Within the Office of the Regional coordination of the development of a Deputy Regional Administrator and an Administrator are the Grants Officer, regional work plans related to the Associate Regional Administrator. The Grants Advisor, the Financial overall ACF strategic plan; tracks, Office is responsible for the Management Resource Team, and monitors and reports on regional Administration for Children and Special Initiatives operations which are progress in the attainment of ACF Families’ key national goals and under the supervision and direction of national goals and objectives; priorities. It represents ACF’s regional the Deputy. The Grants Officer and coordinates and manages special and interests, concerns, and relationships Grants Advisor, functioning sensitive projects; budget planning and within the Department and among other independently of all program offices, execution, facilities management Federal agencies, and focuses on State provide program staff with expertise in programs and human resource agency culture change, more effective the business and other non- development; focal point for public

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affairs, in accordance with the ACF programs, paying particular attention to KD7.10 Organization. The Office of Public Affairs and in financial management deficiencies that Administration for Children and conjunction with the HHS Regional decrease the efficiency and effectiveness Families, Region VII, Kansas City Office, Director; manages cross-cutting of the ACF programs and taking steps to is organized as follows: initiatives and activities among the monitor the resolution of such Office of the Regional Administrator Regional components; and provides deficiencies. The Office represents the (KD7A) telecommunications and data Regional Administrator in dealing with Office of State and Tribal Operations management support to all Regional ACF program offices on all program (KD7E) office components, including the policy and financial matters for development of automated applications programs under its jurisdiction. Alerts Office of Community Operations (KD7F) to support and enhance program, fiscal or early warnings are provided to the Office of Program Support (KD7G) and administrative operations. Regional Administrator regarding B. Delete KD7.20 Functions, C. Delete KD6.20 Functions, problems or issues that have significant Paragraph A, in its entirety and replace Paragraph B, in its entirety and replace implications for the programs. with the following: with the following: D. Delete KD6.20 Functions, KD7.20 Functions. A. The Regional B. The Office of State and Tribal Paragraph C, in its entirety and replace Office is headed by a Regional Programs is headed by a Director who with the following: Administrator who reports to the reports to the Regional Administrator. C. The Office of Community Programs Assistant Secretary for Children and The Office is responsible for providing is headed by a Director who reports to Families through the Director, Office of centralized management, financial the Regional Administrator. The Office Regional Operations. In addition, the management services, and technical is responsible for providing centralized Office of the Regional Administrator has administration of certain ACF formula, program, financial management and a Deputy Regional Administrator who block and entitlement programs such as technical administration of ACF reports to the Regional Administrator. Child Support Enforcement (CSE), discretionary grant programs such as The Office provides executive Temporary Assistance for Needy Head Start, Early Head Start, and leadership and directives to state, Families (TANF), Child Care Programs, Runaway and Homeless Youth county, city, territorial and tribal Child Welfare Services, Foster Care and programs. The Office provides policy governments, as well as public and Adoption Assistance, Child Abuse and guidance to state, county, city or town private local grantees to ensure effective Neglect, Developmental Disabilities and and tribal governments and public and and efficient program and financial Tribal Programs. The Office provides private organizations to assure management. It ensures that these policy guidance to state, county, city or consistent and uniform adherence to entities conform to federal laws, town and tribal governments, grantees federal requirements. The Office regulations, policies and procedures and public and private organizations to provides technical assistance to entities assure consistent and uniform responsible for administering these governing the programs, and exercises adherence to federal requirements programs to ensure that the appropriate all delegated authorities and governing formula and entitlement procedures and practices are adopted, responsibilities for oversight of the programs. It provides guidance and and monitoring the programs to ensure programs. The Office takes action to direction to states, local and tribal their efficiency and effectiveness. The approve certain state plans and submits governments and grantees to improve Office performs systematic fiscal recommendations to the Assistant the efficiency and effectiveness of ACF reviews and makes recommendations to Secretary for Children and Families programs. State plans, Tribal plans and the Regional Administrator to approve concerning state plan disapproval. The Tribal construction plans are reviewed or disallow costs under ACF Office contributes to the development of and recommendations concerning state discretionary grant programs. The Office national policy based on regional plan approval or disapproval are made issues certain discretionary grant perspectives on all ACF programs. It to the Regional Administrator. The awards based on a review of project oversees ACF operations, the Office provides technical assistance to objectives, budget projects, and management of ACF regional staff; entities responsible for administering proposed funding levels. As applicable, coordinates activities across regional these programs to resolve identified recommendations are made on the programs; and assures that goals and problems, ensuring that appropriate clearance and closure of audits of objectives are met and departmental and procedures and practices are adopted, grantee programs, paying particular agency initiatives are carried out. The monitoring the programs to ensure their attention to financial management Office alerts the Assistant Secretary for efficiency and effectiveness and deficiencies that decrease the efficiency Children and Families to problems and establishing regional financial and effectiveness of the ACF programs issues that may have significant regional management priorities and reviewing and taking steps to monitor the or national impact. The Office cost allocation plans. The Office resolution of such deficiencies. The represents ACF at the regional level in provides financial management services Office represents the Regional executive communications within ACF, for ACF entitlement grants in the region. Administrator in dealing with ACF with the HHS Regional Director, other It also reviews costs estimates and program offices on all program policy HHS operating divisions, other federal reports for ACF entitlement grant and financial matters for programs agencies, and public or private local programs and recommends funding under its jurisdiction. Alerts or early organizations representing children and levels. The Office performs systematic warnings are provided to the Regional families. fiscal reviews and makes Administrator regarding problems or Within the Office of the Regional recommendations to the Regional issues that have significant implications Administrator, administrative staff Administrator to approve, defer or for the programs. assists the Regional Administrator and disallow claims for federal financial Deputy Regional Administrator in participation in ACF entitlement grant VII. Region VII, Kansas City Office of providing day-to-day support for programs. As applicable, ACF regional administrative functions, recommendations are made on the A. Delete KD7.10 Organization in its including budget, performance clearance and closure of audits of state entirety and replace with the following: management, procurement, property

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management, employee relations and centralized management, financial special projects and initiatives. The human resource development activities. management services, and technical Office represents the Regional C. Delete KD7.20 Functions, administration of ACF discretionary Administrator in dealing with ACF Paragraph B, in its entirety and replace grant programs such as Head Start and offices on all program and financial with the following: Youth Programs. The Office provides policy matters under its jurisdiction. B. The Office of State and Tribal policy guidance to state, county, city or Alerts or early warnings are provided to Operations is headed by a Director who town and tribal governments and public the Regional Administrator regarding reports to the Regional Administrator. and private organizations to assure problems or issues that may have The Office is responsible for providing consistent and uniform adherence to significant implications for the centralized management, financial federal requirements. The Office programs. management services, and technical provides technical assistance to entities administration of ACF formula, block responsible for administering these IX. Region VIII, Denver Office of ACF and entitlement programs such as programs to ensure that appropriate A. Delete KD8.10 Organization in its Temporary Assistance for Needy procedures and practices are adopted, entirety and replace with the following: Families (TANF), Child Support and monitors the programs to ensure KD8.10 Organization. The Enforcement (CSE), Child Care, Foster their efficiency and effectiveness. The Administration for Children and Care and Adoption Assistance, Child Office performs systematic fiscal Families, Region VIII, Denver Office is Welfare, Child Abuse and Neglect and reviews; and makes recommendations to organized as follows: Developmental Disabilities. The Office the Regional Administrator to approve Office of the Regional Administrator provides policy guidance to state, or disallow costs under ACF (KD8A) county, city or town and tribal discretionary grant programs. The Office Office of Early Childhood Programs governments and public and private issues certain discretionary grant (KD8B) organizations to assure consistent and awards based on a review of project Office of State and Tribal Programs uniform adherence to federal objectives, budget projections, and (KD8C) requirements governing formula and proposed funding levels. As applicable, B. Delete KD8.20 Functions, entitlement programs. State plans are recommendations are made on the Paragraph A, in its entirety and replace reviewed and recommendations clearance and closure of audits of with the following: concerning state plan approval or grantee programs. The Office oversees KD8.20 Functions A. The Regional disapproval are made to the Regional the management and coordination of Office is headed by a Regional Administrator. The Office provides office automation systems in the region Administrator who reports to the technical assistance to entities such as the Grants Application Budget Assistant Secretary for Children and responsible for administering these Instrument (GABI) and the Grants Families through the Director, Regional programs to resolve identified problems, Administration Tracking System Operations. The Office is responsible for ensures that appropriate procedures and (GATES) and monitors grantee systems the Administration for Children and practices are adopted, monitors the projects such as the Head Start Program programs to ensure their efficiency and Information Report and the Head Start Families’ key national goals and effectiveness and establishes regional Management Tracking System. The priorities. It represents ACF’s regional financial management priorities and Office represents the Regional interests, concerns, and relationships reviews cost allocation plans. The Office Administrator in dealing with ACF within the Department and among other provides financial management services program offices on all program policy Federal agencies, and focuses on State for ACF formula and entitlement grants and financial matters under its agency culture change, more effective in the region. The Office reviews cost jurisdiction. Alerts or early warnings are partnerships, collaborative relationships estimates and reports for ACF provided to the Regional Administrator which focus on outcomes/results, and entitlement and formula grant programs regarding problems or issues that may improved, quality customer service. The and recommends funding levels. The have significant implications on the Office provides executive leadership Office performs systematic fiscal programs. and direction to state, county, city, reviews and makes recommendations to E. Delete KD7.20 Functions, territorial and tribal governments, as the Regional Administrator to approve, Paragraph D, in its entirety and replace well as to other public and private local defer or disallow claims for federal with the following: grantees to ensure effective and efficient financial participation in ACF formula D. The Office of Program Support is program and financial management. The and entitlement grant programs. As headed by a Director who reports to the Office ensures that these entities applicable, recommendations are made Regional Administrator. The Grants conform to federal laws, regulations, on the clearance and closure of audits Officer function is located in the office policies and procedures governing the of state programs. The Office represents and is responsible for providing programs, and exercises all delegated the Regional Administrator in dealing centralized financial management authorities and responsibilities for with the ACF program offices on all services for all programs administered oversight of the programs. program and financial policy matters by the Regional Office. The Office The Office takes action to approve under its jurisdiction. Alerts or early provides cost allocation and audit certain state and tribal plans and tribal warnings are provided to the Regional support to the Office of State and Tribal construction plans and submits its Administrator regarding problems or Operations and the Office of recommendations to the Assistant issues that may have significant Community Operations. The Office Secretary for Children and Families implications for the programs. conducts analyses of state developments concerning state plan disapproval. The D. Delete KD7.20 Functions, related to ACF programs and assists Office contributes to the development of Paragraph C, in its entirety and replace with tracking progress of the national policy based on regional with the following: Government Performance and Results perspectives for all ACF programs. It C. The Office of Community Act (GPRA) outcomes. The Office oversees ACF operations and the Operations is headed by a Director who provides technical support to the Office management of ACF regional staff; reports to the Regional Administrator. of State and Tribal Operations and the coordinates activities across regional The Office is responsible for providing Office of Community Operations on programs; and assures that goals and

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objectives are carried out. The Office requirements. It provides expert grants discretionary, entitlement and block alerts the Assistant Secretary for management technical support to the grant programs. The Office issues grant Children and Families to problems and Office of Early Childhood Programs and awards based on a review of project issues that may have significant regional the Office of State and Tribal Programs objectives, budget projections, and or national impact. It represents ACF at to resolve complex problems in such proposed funding levels. As applicable, the regional level in executive areas as cost allocation, accounting recommendations are made on the communications within ACF, with the principles, audit, deferrals and clearance and closure of audits of HHS Regional Director, other HHS disallowances. grantee programs, paying particular operating divisions, other federal C. Delete KD8.20 Functions, attention to financial management agencies, and public or private local Paragraph B, in its entirety and replace deficiencies that decrease the efficiency organizations representing children and with the following: and effectiveness of the ACF programs families. B. The Office of Early Childhood and taking steps to monitor the An administrative and program Programs is headed by a Deputy resolution of such deficiencies. support team, under the leadership of Regional Administrator who reports to D. Delete KD8.20 Functions, the Regional Administrator, directs and the Regional Administrator. The Office Paragraph C, in its entirety and replace facilitates development of regional work is responsible for providing centralized with the following: plans related to the overall ACF program, financial management and C. The Office of State and Tribal strategic plan, tracks, monitors and technical administration of certain ACF Programs is headed by a Deputy reports on regional progress in the discretionary and block grant programs Regional Administrator who reports to attainment of ACF national goals and such as Head Start, Early Head Start, the Regional Administrator. The Office objectives, and coordinates and manages Runaway and Homeless Youth, is responsible for providing centralized special and sensitive projects. Developmental Disabilities, and Child management, financial management Additionally, it manages regional Care Programs. The Office of Early services, and technical administration of administrative functions, budget Childhood Programs represents the certain ACF block and entitlement planning and execution, facilities Regional Administrator in dealing with programs. The Office represents the management, and human resource ACF program offices and grantees on all Regional Administrator in dealing with development. This team serves as the program and financial management ACF program offices on all program focal point for regional public affairs policy matters for programs under its policy and financial matters for and assists the Regional Administrator jurisdiction. It alerts the Regional programs under its jurisdiction. It alerts in the management of crosscutting Administrator to problems or issues that the Regional Administrator to problems initiatives and activities among the have significant implications for the or issues that have significant regional components. In addition, the programs. implications for the programs. Team provides internal systems, The Office administers the Head Start, The Office administers the Child telecommunications, and data Early Head Start, Runaway and Support Enforcement (CSE), Temporary management support to regional office Homeless Youth, Developmental Assistance for Needy Families (TANF), components. Disabilities, and Child Care Programs Child Welfare Services, Foster Care and Within the Office of the Regional and is responsible for providing Adoption Assistance, Youth Administrator, the Grants Officer, centralized program, financial Development, and Child Abuse and functioning independently of all management and technical Neglect programs and is responsible for program offices, provides program staff administration of these programs. The providing centralized program, financial with expertise in the business and other Office provides policy guidance to state, management and technical non-programmatic areas of grant award county, city or town and tribal administration of these programs. The and administration, and provides governments and public and private Office provides policy guidance to state, appropriate internal controls and checks organizations to assure consistent and county, city or town and tribal and balances to ensure financial uniform adherence to federal governments, grantees and public and integrity in all phases of the grants requirements. State and Tribal plans are private organizations to assure process. The Grants Officer approves reviewed and recommendations consistent and uniform adherence to and signs all grants and provides concerning state plan approval or federal requirements governing formula guidance to program offices on more disapproval are made to the Regional and entitlement programs. It provides complex financial management issues. Administrator. The Office provides guidance and direction to states, local The grants staff is responsible for technical assistance to entities and tribal governments and grantees to providing centralized financial responsible for administering these improve the efficiency and effectiveness management and technical programs to resolve identified problems, of ACF programs. State and tribal plans administration of certain ACF ensuring that appropriate procedures are reviewed and recommendations discretionary, entitlement, and block and practices are adopted, monitoring concerning state plan approval or grant programs. These programs include the programs to ensure their efficiency disapproval are made to the Regional Temporary Assistance to Needy and effectiveness and establishing Administrator. The Office provides Families, Child Care Programs, Child regional financial management priorities technical assistance to entities Support Enforcement, Child Welfare and reviewing cost allocation plans. The responsible for administering these Services, Foster Care Youth Office provides financial management programs to resolve identified problems, Development Programs, and Adoption services for ACF entitlement grants in ensuring that appropriate procedures Assistance, Child Abuse and Neglect, the region. It also reviews costs and practices are adopted, monitoring Runaway and Homeless Youth, estimates and reports for ACF the programs to ensure their efficiency Developmental Disabilities, Head Start entitlement and formula grant programs and effectiveness and establishing and Early Head Start. It is responsible and recommends funding levels. The regional financial management priorities for ensuring that, for grants under their Office performs systematic fiscal and reviewing cost allocation plans. The cognizance, both federal staff and reviews and makes recommendations to Office provides financial management grantees fulfill applicable statutory, the Regional Administrator to approve services for ACF entitlement grants in regulatory, and administrative policy or disallow costs under ACF the region. It also reviews costs

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estimates and reports for ACF state plan disapproval. The Office service trends that assist in program entitlement grant programs and contributes to the development of monitoring and technical assistance recommends funding levels. The Office national policy based on regional responsibilities. performs systematic fiscal reviews and perspectives on all ACF programs. It The Unit performs Grants Officer makes recommendations to the Regional oversees ACF regional operations and functions, including grants and fiscal Administrator to approve, defer or the management of regional staff; oversight to ensure consistent policy disallow claims for federal financial coordinates activities across regional application across the Regional Office participation in ACF entitlement grant programs; and assures that goals and units. The Unit assures that audit programs. As applicable, objectives are met and departmental and clearance and other financial recommendations are made on the agency initiatives are carried out. The management processes are implemented clearance and closure of audits of state Office alerts the Assistant Secretary for consistently and timely throughout the programs, paying particular attention to Children and Families to problems and Regional Office. The Unit provides financial management deficiencies that issues that may have significant regional expert grants management technical decrease the efficiency and effectiveness or national impact. The Office support to the Self-Sufficiency and of the ACF programs and taking steps to represents ACF at the regional level in Children and Youth Development Units monitor the resolution of such executive communications within ACF, to resolve complex problems in such deficiencies. with the HHS Regional Director, other areas as cost allocation, accounting HHS operating divisions, other federal principles, audit, deferrals and X. Region IX, San Francisco Office of agencies, and public or private disallowances. As Grants Officer, the ACF organizations representing children and Unit approves and signs all A. Delete KD9.10 Organization in its families. discretionary grants. entirety and replace with the following: C. Delete KD9.20 Functions, The Unit represents the Regional KD9.10 Organization. The Paragraph B, in its entirety and replace Administrator in dealing with ACF Administration for Children and with the following: offices on all program and financial Families, Region IX, San Francisco B. The Program Support Unit is policy matters under its jurisdiction. Office is organized as follows: headed by a manager who reports to the Early alerts are provided to the Regional Regional Administrator. It supports the Administrator regarding problems or Office of the Regional Administrator Office of the Regional Administrator issues that may have significant (KD9A) and the Self-Sufficiency and Children implications for the programs. Program Support Unit (KD9B) and Youth Development Units and their D. Delete KD9.20 Functions, Self-Sufficiency Unit (KD9C) grantees in the areas of quality concepts Paragraph C, in its entirety and replace Children and Youth Development Unit and performance measurement, with the following: (KD9D) including the reengineering of work C. The Self-Sufficiency Unit is headed B. Delete KD9.20 Functions, processes and the development of by a manager who reports to the Paragraph. A, in its entirety and replace computer applications, customer Regional Administrator. The Unit is with the following: surveys, statistical applications, and responsible for providing program and KD9.20 Functions. A. The Regional performance measurement models. The financial management services, and for Office is headed by a Regional Unit directs the development of regional technical administration of ACF Administrator who reports to the work plans related to the overall ACF formula, block and entitlement grant Assistant Secretary for Children and strategic plan and tracks, monitors and programs such as Temporary Assistance Families through the Director, Office of reports on regional progress in the for Needy Families (TANF), Child Regional Operations. The Office is attainment of ACF national goals and Support Enforcement (CSE), Child Care responsible for the Administration for objectives. It manages and/or and Development Fund, Foster Care and Children and Families’ (ACF) key coordinates special, sensitive and/or Adoption Assistance, Child Welfare, national goals and priorities. It cross-cutting projects and initiatives. Child Abuse and Neglect and represents ACF’s regional interests, The Unit serves as the focal point for Developmental Disabilities. The Unit concerns, and relationships within the public affairs and contacts with the provides policy guidance to state, Department of Health and Human media, public awareness activities, county, city, territorial and tribal Services (HHS) and among other Federal information dissemination and governments, as well as to other public agencies, and focuses on State agency education campaigns in conjunction and private organizations to assure culture change, effective partnerships with the ACF Office of Public Affairs consistent and uniform adherence to which focus on outcomes/results, and and the HHS Regional Director. federal requirements governing formula, quality customer service. It provides The Unit provides day-to-day support block and entitlement grant programs. executive leadership and direction to for regional administrative functions, State plans are reviewed and state, county, city, territorial and tribal oversees the management and recommendations concerning state plan governments, as well as to other public coordination of internal automated approval or disapproval are made to the and private local grantees to ensure systems in the region, and provides data Regional Administrator. The Unit effective and efficient program and management support to all Regional provides technical assistance to entities financial management. The Office Office components. Administrative responsible for administering these ensures that these entities conform to functions include budget formulation programs to resolve identified problems; federal laws, regulations, policies and and execution, facility and space ensures that appropriate procedures and procedures governing the programs, and management, procurement, and human practices are adopted; monitors the exercises all delegated authorities and resources development and training. programs to ensure their efficiency and responsibilities for oversight of the Data management responsibilities effectiveness; establishes regional programs. include the development of automated financial management priorities; The Office is responsible for approval systems applications to support and reviews cost allocation plans; and of certain state plans and submission of enhance program, fiscal and provides technical assistance to and recommendations to the Assistant administrative operations, and the monitors state systems projects for Secretary for Children and Families for compilation of data on demographic and designated ACF programs.

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The Unit provides financial ACF programs and to monitoring the assures that goals and objectives are met management services for ACF formula, resolution of such deficiencies. and departmental and agency initiatives entitlement, and block grants in the The Unit represents the Regional are carried out. region. It also reviews cost estimates Administrator in dealing with ACF The Team represents ACF at the and reports for these grant programs and program offices on all program policy regional level in executive recommends funding levels. The Unit and financial matters under its communications within ACF, the HHS performs systematic fiscal reviews and jurisdiction. Early alerts are provided to Regional Director, other HHS operating makes recommendations to approve, the Regional Administrator regarding divisions, other federal agencies, Tribal defer or disallow claims for federal problems or issues that may have and Native American Organizations, financial participation in ACF formula, significant implications for the and public or private local organizations entitlement and block grant programs. programs. representing children and families. As applicable, recommendations are In order to ensure that agency goals made on the clearance and closure of XI. Region X, Seattle Office of ACF are accomplished, the Management audits of state programs, paying A. Delete KD10.10 Organization in its Team provides leadership to grantees particular attention to financial entirety and replace with the following: through a staff organized in Service management deficiencies that decrease KD10.10 Organization. The Delivery Teams. ACF programs and the efficiency and effectiveness of ACF Administration for Children and functions are grouped within teams programs and to monitoring the Families, Region X, Seattle Office, is according to current ACF programs and/ resolution of such deficiencies. The organized as follows: or initiatives. Each team is charged with Unit represents the Regional Management Team (KDXA) achieving measurable progress towards Administrator in dealing with the ACF Service Delivery Teams (KDXE) ACF goals through their work with state, program offices on all program and Support Teams (KDXF) local, and tribal grantees, the public, financial policy matters under its other federal agencies and internally B. Delete KD10.20 Functions, within the Department. The regional jurisdiction. Early alerts are provided to Paragraph A, in its entirety and replace the Regional Administrator regarding team structure is designed to allow ACF with the following: problems or issues that may have to respond quickly in a dynamic and KD10.20 Functions. A. The significant implications for the changing environment to achieve ACF Management Team is headed by the programs. and HHS goals. E. Delete KD9.20 Functions, Regional Administrator who reports to C. Delete KD10.20 Functions, Paragraph D, in its entirety and replace the Assistant Secretary for Children and Paragraph B, in its entirety and replace with the following: Families through the Director, Office of with the following: D. The Children and Youth Regional Operations. Also, the team has B. The Service Delivery Teams (SDTs) Development Unit is headed by a two Associate Regional Administrators report directly to the Management manager who reports to the Regional who report directly to the Regional Team. The SDTs are responsible for Administrator. The Unit is responsible Administrator. In addition to being a providing centralized management and for providing program and financial team member, the Regional technical administration of ACF management services, and for technical Administrator is responsible for alerting formula, block, discretionary, and administration of ACF discretionary the Assistant Secretary for Children and entitlement grants and programs to grant programs such as Head Start (HS), Families to problems and issues that assist families achieve economic Early Head Start (EHS), and Runaway may have significant regional or independence and self-sufficiency, and and Homeless Youth (RHY). In that national impact. to promote safe, healthy, and permanent regard, the Unit provides policy The Team provides executive environments in which children can guidance to public and private leadership to state, county, city, and grow. The SDTs review and recommend organizations, as well as to state, tribal governments, as well as public approval or disapproval of state and county, city, territorial and tribal and private local grantees to ensure tribal plans to the Management Team. governments to assure consistent and effective, efficient, results-oriented SDTs recommend issuance of certain uniform adherence to federal program and financial management. grant awards based on a review of requirements. The Unit provides ACF’s primary goal is to assist project objectives, budget projections, technical assistance to and coordinates vulnerable and dependent children and and proposed funding levels. various training activities for entities families to achieve economic The SDTs provide policy guidance to responsible for administering these independence, stability, and self- state, local, and tribal governments, and programs to ensure that appropriate reliance. The Team partners with state, public and private organizations to procedures and practices are adopted, local, and tribal organizations to foster consistent and uniform adherence and monitors the programs to ensure promote adherence to federal laws, to federal requirements governing their efficiency and effectiveness. The regulations, policies and procedures formula, block, and entitlement Unit administers a system of fiscal governing the programs, and exercises programs. The SDTs provide technical reviews; reviews costs for allowability; all delegated authorities and assistance to states, grantees, and tribes and makes recommendations to responsibilities for oversight of the to resolve identified problems; ensure disallow costs under ACF discretionary programs. The Team takes action to that appropriate procedures and grant programs. It issues certain approve certain state and tribal plans practices are adopted; develop and discretionary grant awards based on a and submits recommendations to the implement outcome-based performance review of project objectives, budget Assistant Secretary for Children and measures; and to monitor the programs projections, and proposed funding Families concerning plan disapproval. to ensure their efficiency and levels. As applicable, recommendations The Team contributes to the effectiveness. are made on the clearance and closure development of national policy based The SDTs represent the Management of audits of grantee programs, paying on regional perspectives on all ACF Team in dealing with the ACF program particular attention to financial programs. It oversees ACF operations; offices on all program and policy management deficiencies that decrease manages ACF regional staff; coordinates matters under their jurisdiction. Alerts the efficiency and effectiveness of the activities across regional programs; and or early warnings are provided to the

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Management Team regarding problems SUMMARY: The Food and Drug of Dockets Management between 9 a.m. or issues that may have significant Administration (FDA) is announcing an and 4 p.m., Monday through Friday. implications for the programs. amendment to the notice of meeting Dated: November 14, 2003. D. Delete KD10.20 Functions, entitled ‘‘Food Labels, Packaging, Jeffrey Shuren, Paragraph C, in its entirety and replace Restaurants, and Weight Management; Assistant Commissioner for Policy. with the following: Public Workshop.’’ The notice C. The Support Teams provide published in the Federal Register of [FR Doc. 03–28953 Filed 11–17–03; 8:58 am] administrative and management support October 17, 2003 (68 FR 59795). The BILLING CODE 4160–01–S to the Regional Administrator and amendment is being made to reflect that Management Team. Members of the FDA is requesting comments regarding Support Teams report directly to the the workshop. There are no other DEPARTMENT OF HOMELAND Regional Administrator or a member of changes. SECURITY the Management Team. Functions FOR FURTHER INFORMATION CONTACT: Customs and Border Protection within the Team include day-to-day Amber Jessup, Center for Food Safety operational management of regional and Applied Nutrition (HFS–726), Food Performance Review Board— administrative functions such as, and Drug Administration, 5100 Paint Appointment of Members budget, performance management, Branch Pkwy., College Park, MD 20740, procurement, property management, AGENCY: Customs and Border Protection, 301–436–1689, e-mail: employee relations, human resource Department of Homeland Security. [email protected]. development activities, planning and ACTION: General notice. coordination, and office automation SUPPLEMENTARY INFORMATION: In the systems. Federal Register of October 17, 2003 (68 SUMMARY: This notice announces the The Team includes experts in cash FR 59795), FDA announced that a appointment of the members of the U.S. assistance and supportive services public workshop entitled ‘‘Exploring the Customs and Border Protection programs who serve as resources to all Connections Between Weight Performance Review Boards (PRB’s) in teams on issues which cross-cut the Management and Food Labels and accordance with 5 U.S.C. 4314(c)(4). organization, such as legislative policy Packaging’’ would be held on November The purpose of the PRB’s is to review updates, partnership agreements, result 20, 2003. On page 59795, in the second performance appraisals for senior measurements, policy guidance, and column, in the heading of the executives and to make monitoring state systems projects for document, ‘‘[Docket No. 2003N–0338]’’ recommendations to the appointing ACF programs. is added. authority regarding proposed Team members also provide On page 59795, in the third column, performance ratings, bonuses, and other leadership in regional financial the DATES section is amended to read as related personnel actions. management matters to the Service follows: EFFECTIVE DATE: November 1, 2003. Delivery Teams and the Management DATES: The public workshop will be FOR FURTHER INFORMATION CONTACT: Team, including reviewing cost held on November 20, 2003, from 8:30 Robert M. Smith, Assistant estimates and reports for ACF grant a.m. to 6 p.m. Submit written or Commissioner, Human Resources programs, recommending funding electronic comments by December 12, Management, U.S. Customs and Border levels, and performing systematic fiscal 2003. Protection, 1300 Pennsylvania Avenue, reviews. The Team approves grant On page 59795, in the third column, NW., Room 2.4–A, Washington, DC awards based on a review of project immediately following the DATES 20229, Telephone (202) 927–1250. objectives, budget projections, and section, the ADDRESSES section is added Background: There are two PRB’s in approved funding plans. It provides to read as follows: U.S. Customs and Border Protection. funds accounting for discretionary grant ADDRESSES: Submit written comments Performance Review Board 1 programs. It establishes regional on the public workshop to the Division The purpose of this Board is to review financial management priorities and of Dockets Management (HFA–305), the performance appraisals and reviews cost allocation plans. Food and Drug Administration, 5630 proposed related personnel actions for Fishers Lane, rm. 1061, Rockville, MD Dated: November 7, 2003. senior executives who report directly to 20852, via e-mail to Wade F. Horn, the Deputy Commissioner or the [email protected], or on the Assistant Secretary for Children and Families. Commissioner of Customs and Border Division of Dockets Management Web [FR Doc. 03–28915 Filed 11–18–03; 8:45 am] Protection. The members are: site at http://www.fda.gov/dockets/ BILLING CODE 4184–01–P Kay Frances Dolan, Director, ecomments. Departmental Human Resources Policy, On page 59796, in the first column, at Department of Homeland Security. DEPARTMENT OF HEALTH AND the end of the document, the following John Dooher, Senior Assistant HUMAN SERVICES paragraph is added: Director, Washington Office, Federal Interested persons may submit to the Law Enforcement Training Center, Food and Drug Administration Division of Dockets Management (see Department of the Treasury. ADDRESSES) written or electronic Carla F. Kidwell, Associate Director [Docket No. 2003N–0338] comments regarding this document. for Technology, Bureau of Engraving Submit a single copy of electronic and Printing, Department of the Food Labels, Packaging, Restaurants, comments or two paper copies of any Treasury. and Weight Management; Public mailed comments, except that Kenneth R. Papaj, Deputy Workshop; Amendment of Notice individuals may submit one paper copy. Commissioner, Financial Management AGENCY: Food and Drug Administration, Comments are to be identified with the Service, Department of the Treasury. HHS. docket number found in brackets in the Richard Williams, Director, Program heading of this document. Received Analysis and Evaluation, Department of ACTION: Notice of public workshop. comments may be seen in the Division Homeland Security.

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Performance Review Board 2 Before final action is taken on the 708–6409 (this is not a toll-free The purpose of this Board is to review application, consideration will be give number). Persons who have difficulty the performance appraisals and to any relevant data, views, or hearing or speaking may access this proposed related personnel actions for arguments, submitted in writing, by any number via TTY by calling the toll-free all senior executives except those who person in opposition to the recordation Federal Information Relay Service at report directly to the Deputy of this trade name. Notice of the action (800) 877–8339. Commissioner or the Commissioner of taken on the application for recordation SUPPLEMENTARY INFORMATION: Notice of U.S. Customs and Border Protection. of this trade name will be published in this meeting is provided in accordance The members are: the Federal Register. with section 10(a)(2) of the Federal Assistant Commissioners: DATES: Comments must be received or Advisory Committee Act (5 U.S.C. App. Jayson P. Ahern, Field Operations. on before January 20, 2004. 2) and 41 CFR 102–3.150. The Marjorie L. Budd, Training and ADDRESSES: Written comments should Manufactured Housing Consensus Development. be addressed to U.S. Customs and Committee was established under Gustavo DeLaVina, Border Patrol. Border Protection, Attention: Office of section 604(a)(3) of the National William A. Keefer, Internal Affairs. Regulations & Rulings, Intellectual Manufactured Housing Construction Dennis H. Murphy, Public Affairs. Property Rights Branch, 1300 and Safety Standards Act of 1974, 42 John E. Eichelberger, Finance/CFO. Pennsylvania Avenue, NW., (Mint U.S.C. 4503(a)(3). The Consensus Michael T. Schmitz, Regulations and Annex), Washington, DC 20229. Committee is charged with providing Rulings. FOR FURTHER INFORMATION CONTACT: La recommendations to the Secretary to Robert M. Smith, Human Resources Verne Watkins, Intellectual Property adopt, revise, and interpret Management. Rights Branch at (202) 572–8710. manufactured housing construction and Deborah J. Spero, Strategic Trade. safety standards and procedural and Dated: November 11, 2003. Dated: November 13, 2003. enforcement regulations, and with George Frederick McCray, Robert C. Bonner, developing proposed model installation Chief, Intellectual Property Rights Branch. Commissioner. standards. [FR Doc. 03–28808 Filed 11–18–03; 8:45 am] [FR Doc. 03–28809 Filed 11–18–03; 8:45 am] Tentative Agenda BILLING CODE 4820–02–P BILLING CODE 4820–02–P A. Welcome and Opening Remarks B. Subcommittee meetings DEPARTMENT OF HOMELAND DEPARTMENT OF HOUSING AND C. Visit to Cavco Durango Plant SECURITY URBAN DEVELOPMENT D. Public Testimony E. Full Committee meeting [Docket No. FR–4665–N–13] Bureau of Customs and Border F. Reports to Full Committee and Protection Upcoming Meeting of the actions Manufactured Housing Consensus G. Adjournment Recordation of Trade Name: Committee Dated: November 7, 2003. ‘‘DISPALCA’’ John C. Weicher, AGENCY: Office of the Assistant ACTION: Notice of application for Assistant Secretary for Housing-Federal Secretary for Housing-Federal Housing Housing Commissioner. recordation of trade name. Commissioner, HUD. [FR Doc. 03–28832 Filed 11–18–03; 8:45 am] ACTION: Notice of upcoming meeting. SUMMARY: Application has been filed BILLING CODE 4210–27–P pursuant to section 133.12, Customs SUMMARY: This notice sets forth the Regulations (19 CFR 133.12), for the schedule and proposed agenda of an recordation under section 42 of the Act upcoming meeting of the Manufactured DEPARTMENT OF THE INTERIOR of July 5, 1946, as amended (15 U.S.C. Housing Consensus Committee (the 1124), of the trade name ‘‘DISPALCA’’. Committee). The meeting is open to the Bureau of Land Management The trade name is owned by Caribbean public and the site is accessible to [NV–030–00–1020–24] Imports, Inc., a Florida corporation. individuals with disabilities. The application states that the trade Mojave Southern Great Basin name ‘‘Dispalca’’ is used in connection DATES: The meetings will be held on Tuesday, December 9, 2003, from 8 a.m. Resource Advisory Council; Notice of with the advertising and sale of pre- Meeting Location and Time packaged seafood products in the to 5 p.m., Wednesday, December 10, United States, which are manufactured 2003, from 8 a.m. to 5 p.m., and AGENCY: Bureau of Land Management, in Venezuela and Colombia and Thursday, December 11, 2003, 8 a.m. to Interior. 12 noon. imported from South America and the ACTION: Notice of meeting location and ADDRESSES: Caribbean. These meetings will be held time for the Mojave Southern Great The applicant states that the only at the Wyndham Phoenix-Downtown, Basin Resource Advisory Council foreign entity entitled to use the 50 East Adams Street, Phoenix, Arizona, (Nevada). ‘‘DISPALCA’’ trade name within the telephone (602) 333–0000. United States is Dispalca, located at FOR FURTHER INFORMATION CONTACT: SUMMARY: In accordance with the Avenida 17, Los Haticos, Maracaibo, William W. Matchneer III, Federal Land Policy and Management Venezuela. The company’s use of the Administrator, Office of Manufactured Act and the Federal Advisory trade name is purportedly limited to Housing Programs, Office of Deputy Committee Act of 1972 (FACA), the U.S. packaging and shipping products to Assistant Secretary for Regulatory Department of the Interior, Bureau of Caribbean Imports, Inc. The applicant Affairs and Manufactured Housing, Land Management (BLM) Mojave also states that the trade name Department of Housing and Urban Southern Great Basin Resource ‘‘DISPALCA’’ is solely and exclusively Development, 451 7th Street, SW., Advisory Council (RAC), Nevada, will used by Caribbean Imports, Inc. Washington, DC 20410, telephone (202) be held as indicated below. Topics for

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discussion will include manager’s Interior; Minerals Management Service; operators intended to provide reports of field office activities; an Attention: Rules Processing Team; Mail clarification, description, or explanation update on the Southern Nevada Public Stop 4024; 381 Elden Street; Herndon, of these regulations. Land Management Act of 1998; and Virginia 20170–4817. If you wish to e- MMS uses the information collected other topics the council may raise. mail comments, the address is: under subpart L to ensure that the All meetings are open to the public. [email protected]. Reference volumes of hydrocarbons produced are The public may present written and/or ‘‘Information Collection 1010–0051’’ in measured accurately and that royalties oral comments to the council. your e-mail subject line and mark your are paid on the proper volumes. Individuals who need special assistance message for return receipt. Include your Specifically, MMS needs the such as sign language interpretation or name and return address in your information to: other reasonable accommodations message. • Determine if measurement should contact Phillip Guerrero at (702) FOR FURTHER INFORMATION CONTACT: equipment is properly installed, 515–5046. Arlene Bajusz, Rules Processing Team at provides accurate measurement of DATE AND TIME: The RAC will meet on (703) 787–1600. You may also contact production on which royalty is due, and December 4 and 5, 2003, in the BLM’s Arlene Bajusz to obtain a copy, at no is operating properly; Las Vegas Field Office; on March 25 and cost, of the regulations that require the • Obtain rates of production data in 26, 2004 also in the BLM’s Las Vegas subject collection of information. allocating the volumes of production Field Office; June 9, 10 and 11, 2004, in measured at royalty sales meters, which the BLM’s Ely Field Office; and August SUPPLEMENTARY INFORMATION: can be examined during field 19 and 20, 2004, in the BLM’s Tonopah Title: 30 CFR 250, Subpart L, Oil and Gas Production Measurement, Surface inspections; Field Station. The meetings are from 8 • a.m. to 4:30 p.m. Commingling, and Security. Ascertain if all removals of oil and OMB Control Number: 1010–0051. condensate from the lease are reported; FOR FURTHER INFORMATION CONTACT: Abstract: The Outer Continental Shelf • Phillip L. Guerrero, Public Affairs Determine the amount of oil that (OCS) Lands Act, as amended (43 U.S.C. was shipped when measurements are Officer, BLM Las Vegas Field Office, 1331 et seq. and 43 U.S.C. 1801 et seq.), 4701 North Torrey Pines Drive, Las taken by gauging the tanks rather than authorizes the Secretary of the Interior Vegas, NV 89130–2301, or by phone at being measured by a meter; (Secretary) to prescribe rules and (702) 515–5046. • Ensure that the sales location is regulations to administer leasing of the secure and that production cannot be Dated: November 12, 2003. OCS. Such rules and regulations apply removed without the volumes being Phillip L. Guerrero, to all operations conducted under a recorded; and Public Affairs Officer, Las Vegas Field Office. lease. Operations on the OCS must • Review proving reports to verify preserve, protect, and develop oil and [FR Doc. 03–28863 Filed 11–18–03; 8:45 am] that data on run tickets are calculated natural gas resources in a manner that BILLING CODE 4310–HC–M and reported accurately. is consistent with the need to make such resources available to meet the Nation’s MMS will protect information from DEPARTMENT OF THE INTERIOR energy needs as rapidly as possible; to respondents considered proprietary balance orderly energy resource under the Freedom of Information Act Minerals Management Service development with protection of human, (5 U.S.C. 552) and its implementing marine, and coastal environments; to regulations (43 CFR part 2) and under Agency Information Collection ensure the public a fair and equitable regulations at 30 CFR 250.196, ‘‘Data Activities: Proposed Collection; return on the resources of the OCS; and and information to be made available to Comment Request to preserve and maintain free enterprise the public.’’ No items of a sensitive nature are collected. Responses are AGENCY: Minerals Management Service competition. (MMS), Interior. The Federal Oil and Gas Royalty mandatory. Frequency: Varies by section but ACTION: Notice of extension of an Management Act of 1982 (30 U.S.C. information collection (1010–0051). 1701, et seq.) at section 1712(b)(2) primarily monthly or ‘‘on occasion.’’ prescribes that an operator will Estimated Number and Description of SUMMARY: To comply with the ‘‘develop and comply with such Respondents: Approximately 130 Paperwork Reduction Act of 1995 minimum site security measures as the Federal OCS oil and gas or sulphur (PRA), MMS is inviting comments on a Secretary deems appropriate, to protect lessees. collection of information that will be oil or gas produced or stored on a lease Estimated Reporting and submitted to the Office of Management site or on the Outer Continental Shelf Recordkeeping ‘‘Hour’’ Burden: The and Budget (OMB) for review and from theft.’’ These authorities and currently approved annual reporting approval. The information collection responsibilities are among those burden for this collection is 6,540 hours. request (ICR) concerns the paperwork delegated to MMS under which The following chart details the requirements in the regulations under regulations are issued to govern oil and individual components and respective ‘‘30 CFR 250, Subpart L, Oil and Gas gas and sulphur operations in the OCS. hour burden estimates of this ICR. In Production Measurement, Surface This information collection request calculating the burdens, MMS assumed Commingling, and Security.’’ addresses the regulations at 30 CFR part that respondents perform certain DATE: Submit written comments by 250, subpart L, Oil and Gas Production requirements in the normal course of January 20, 2004. Measurement, Surface Commingling, their activities. We consider these to be ADDRESSES: Mail or hand carry and Security, and the associated usual and customary and took that into comments to the Department of the supplementary notices to lessees and account in estimating the burden.

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Citation 30 CFR 250 subpart L Reporting or recordkeeping requirement Hour burden per response or record

Reporting Requirements

1202(a)(1), (b)(1) ...... Submit liquid hydrocarbon measurement procedures application 8 hours. and/or changes. 1202(a)(4) ...... Copy & send pipeline (retrograde) condensate volumes upon re- 3⁄4 hour. quest. 1202(c)(4)* ...... Copy & send all liquid hydrocarbon run tickets monthly ...... 1 minute. 1202(d)(4) ...... Request approval for proving on a schedule other than monthly .. 1 hour. 1202(d)(5)* ...... Copy & submit liquid hydrocarbon royalty meter proving reports 1 minute. monthly & request waiver as needed. 1202(f)(2)* ...... Copy & submit mechanical-displacement prover & tank prover 10 minutes. calibration reports. 1202(l)(2)* ...... Copy & submit royalty tank calibration charts before using for roy- 10 minutes. alty measurement. 1202(l)(3)* ...... Copy & submit inventory tank calibration charts upon request ...... 1⁄4 hour. 1203(b)(1) ...... Submit application for gas measurement procedures or changes 8 hours. 1203(b)(6), (8), (9)* ...... Copy & submit gas quality and volume statements upon request 80% @ 5 mins. (80% of these will be routine; 20% will take longer). 20% @ 30 mins. 1203(c)(4)* ...... Copy & submit gas meter calibration reports upon request ...... 5 minutes. 1203(e)(1)* ...... Copy & submit gas processing plant records upon request ...... 1⁄2 hour. 1203(f)(5) ...... Copy & submit measuring records of gas lost or used on lease 5 minutes. upon request. 1204(a)(1) ...... Submit application for commingling of production or changes ...... 8 hours. 1204(a)(2) ...... Provide state production volumetric and/or fractional analysis data 1 hour. upon request. 1205(a)(2) ...... Post signs at royalty or inventory tank used in royalty determina- 1 hour. tion process. 1205(a)(4) ...... Report security problems (telephone) ...... 1⁄4 hour 1200 thru 1205 ...... General departure and alternative compliance requests not spe- 1 hour. cifically covered elsewhere in subpart L.

Recordkeeping Requirements

1202(c)(1), (2) ...... Record observed data, correction factors & net standard volume Respondents record these items as part of nor- on royalty meter and tank run tickets. mal business records & practices to verify ac- curacy of production measured for sale pur- poses. 1202(e)(4) ...... Record master meter calibration runs. 1202(h)(1), (2), (3), (4) ... Record mechanical-displacement prover, master meter, or tank prover proof runs. 1202(i)(1)(iv), (2)(iii) ...... Record liquid hydrocarbon royalty meter malfunction and repair or adjustment on proving report; record unregistered production on run ticket. 1202(j) ...... List Cpl and Ctl factors on run tickets. 1202(e)(6) ...... Retain master meter calibration reports for 2 years ...... 1 minute. 1202(k)(5) ...... Retain liquid hydrocarbon allocation meter proving reports for 2 1 minute. years. 1202(l)(3) ...... Retain liquid hydrocarbon inventory tank calibration charts for as 5 minutes. long as tanks are in use. 1203(c)(4) ...... Retain calibration reports for 2 years ...... 1 minute. 1203(f)(4) ...... Document & retain measurement records on gas lost or used on 1 minute. lease for 2 years at field location and minimum 7 years at loca- tion of respondent’s choice. 1204(b)(3) ...... Retain well test data for 2 years ...... 2 minutes. 1205(b)(3), (4) ...... Retain seal number lists for 2 years ...... 2 minutes. *Respondents gather this information as part of their normal business practices. MMS only requires copies of readily available documents. There is no burden for testing, meter reading, etc.

Estimated Reporting and Comments: Before submitting an ICR information is useful; (b) evaluate the Recordkeeping ‘‘Non-Hour Cost’’ to OMB, PRA section 3506(c)(2)(A) accuracy of the agency’s estimate of the Burden: We have identified no ‘‘non- requires each agency ‘‘* * * to provide burden of the proposed collection of hour cost’’ burdens. notice * * * and otherwise consult information; (c) enhance the quality, Public Disclosure Statement: The PRA with members of the public and affected usefulness, and clarity of the (44 U.S.C. 3501, et seq.) provides that an agencies concerning each proposed information to be collected; and (d) agency may not conduct or sponsor a collection of information * * *’’. minimize the burden on the collection of information unless it Agencies must specifically solicit respondents, including the use of displays a currently valid OMB control comments to: (a) Evaluate whether the automated collection techniques or number. Until OMB approves a proposed collection of information is other forms of information technology. collection of information, you are not necessary for the agency to perform its Agencies must also estimate the ‘‘non- obligated to respond. duties, including whether the hour cost’’ burdens to respondents or

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recordkeepers resulting from the DEPARTMENT OF THE INTERIOR to preserve and maintain free enterprise collection of information. Therefore, if competition. you have costs to generate, maintain, Minerals Management Service Section 1332(6) states that and disclose this information, you ‘‘operations in the [O]uter Continental Agency Information Collection should comment and provide your total Shelf should be conducted in a safe Activities: Proposed Collection; capital and startup cost components or manner by well trained personnel using Comment Request annual operation, maintenance, and technology, precautions, and other techniques sufficient to prevent or purchase of service components. You AGENCY: Minerals Management Service minimize the likelihood of blowouts, should describe the methods you use to (MMS), Interior. loss of well control, fires, spillages, estimate major cost factors, including ACTION: Notice of extension of an physical obstructions to other users of system and technology acquisition, information collection (1010–0142). the waters or subsoil and seabed, or expected useful life of capital other occurrences which may cause equipment, discount rate(s), and the SUMMARY: To comply with the Paperwork Reduction Act of 1995 damage to the environment or to period over which you incur costs. property or endanger life or health.’’ Capital and startup costs include, (PRA), MMS is inviting comments on a collection of information that we will The regulations at 30 CFR 250, among other items, computers and submit to the Office of Management and subpart Q, implement these software you purchase to prepare for requirements and concern Budget (OMB) for review and approval. collecting information, monitoring, and decommissioning of platforms, wells, The information collection request (ICR) and pipelines, as well as site clearance record storage facilities. You should not concerns the paperwork requirements in and platform removal. The MMS uses include estimates for equipment or the regulations under 30 CFR 250, the information collected under subpart services purchased: (i) Before October 1, subpart Q ‘‘Decommissioning 1995; (ii) to comply with requirements Q in the following ways: Activities.’’ • not associated with the information To determine the necessity for collection; (iii) for reasons other than to DATES: Submit written comments by allowing a well to be temporarily provide information or keep records for January 20, 2004. abandoned, the lessee/operator must the Government; or (iv) as part of ADDRESSES: Mail or hand carry demonstrate that there is a reason for customary and usual business or private comments to the Department of the not permanently abandoning the well, and the temporary abandonment will practices. Interior; Minerals Management Service; Attention: Rules Processing Team; Mail not constitute a significant threat to We will summarize written responses Stop 4024; 381 Elden Street; Herndon, fishing, navigation, or other uses of the to this notice and address them in our Virginia 20170–4817. If you wish to e- seabed. MMS uses the information and submission for OMB approval. As a mail comments, the address is: documentation to verify that the lessee result of your comments, we will make [email protected]. Reference is diligently pursuing the final any necessary adjustments to the burden ‘‘Information Collection 1010–0142’’ in disposition of the well and that the in our submission to OMB. your e-mail subject line and mark your lessee has performed the temporary message for return receipt. Include your plugging of the wellbore. Public Comment Policy: MMS’s • practice is to make comments, including name and return address in your The information submitted in ‘‘initial’’ decommissioning plans in the names and home addresses of message. Alaska and Pacific OCS Regions will respondents, available for public review FOR FURTHER INFORMATION CONTACT: permit MMS to become involved on the during regular business hours. If you Arlene Bajusz, Rules Processing Team at ground floor planning of the world-class wish your name and/or address to be (703) 787–1600. You may also contact platform removals anticipated to occur withheld, you must state this Arlene Bajusz to obtain a copy, at no in these OCS regions. prominently at the beginning of your cost, of the regulations that require the • Site clearance and platform or comment. MMS will honor this request subject collection of information. pipeline removal information ensures to the extent allowable by law; however, SUPPLEMENTARY INFORMATION: that all objects (wellheads, platforms, anonymous comments will not be Title: 30 CFR part 250, subpart Q, etc.) installed on the OCS are properly considered. All submissions from Decommissioning Activities. removed using procedures that will organizations or businesses, and from OMB Control Number: 1010–0142. protect marine life and the environment individuals identifying themselves as Abstract: The Outer Continental Shelf during removal operations and that the representatives or officials of (OCS) Lands Act, as amended (43 U.S.C. site is cleared so as not to conflict with organizations or businesses, will be 1331 et seq. and 43 U.S.C. 1801 et seq.), or harm other uses of the OCS. made available for public inspection in authorizes the Secretary of the Interior • Decommissioning a pipeline in their entirety. (Secretary) to prescribe rules and place is needed to ensure that it will not regulations to administer leasing of the constitute a hazard to navigation and MMS Federal Register Liaison Officer: OCS. Such rules and regulations will commercial fishing operations, unduly Denise Johnson, (202) 208–3976. apply to all operations conducted under interfere with other uses of the OCS, or Dated: November 12, 2003. a lease. Operations on the OCS must have adverse environmental effects. • E.P. Danenberger, preserve, protect, and develop oil and The information is necessary to natural gas resources in a manner that Chief, Engineering and Operations Division. verify that decommissioning activities is consistent with the need to make such comply with approved applications and [FR Doc. 03–28834 Filed 11–18–03; 8:45 am] resources available to meet the Nation’s procedures and are satisfactorily BILLING CODE 4310–MR–P energy needs as rapidly as possible; to completed. balance orderly energy resource MMS will protect information from development with protection of human, respondents considered proprietary marine, and coastal environments; to under the Freedom of Information Act ensure the public a fair and equitable (5 U.S.C. 552) and its implementing return on the resources of the OCS; and regulations (43 CFR part 2) and under

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regulations at 30 CFR 250.196, ‘‘Data Federal OCS oil, gas, and sulphur individual components and respective and information to be made available to lessees and holders of pipeline rights-of- hour burden estimates of this ICR. In the public.’’ No items of a sensitive way. calculating the burdens, we assumed nature are collected. Responses are Estimated Reporting and that respondents perform certain mandatory. requirements in the normal course of Frequency: On occasion, annual, and Recordkeeping ‘‘Hour’’ Burden: The currently approved annual reporting their activities. We consider these to be as specified in sections. usual and customary and took that into Estimated Number and Description of burden for this collection is 6,071 hours. account in estimating the burden. Respondents: Approximately 236 The following chart details the

Citation 30 CFR 250 Subpart Q Reporting requirement Hour burden

1703; 1704 ...... Request approval for decommissioning ...... Burden included below. 1704(g); 1712; 1716; Submit form MMSÐ124 to plug wells; provide subsequent report; request alternate Burden included under 1010Ð 1717; 1721(a), (f), depth departure; request procedure to protect obstructions above seafloor; report 0045. (g); 1722(a), (b), results of trawling; certify area cleared of obstructions; remove casing stub or mud (d); 1723(b); line suspension equipment and subsea protective covering; or other departures. 1743(a). 1713 ...... Notify MMS 48 hours before beginning operations to permanently plug a well ...... 15 minutes. 1721(e); 1722(e), Identify and report subsea wellheads, casing stubs, or other obstructions; mark wells U.S. Coast Guard requirements. (h)(1); 1741(c). protected by a dome; mark location to be cleared as navigation hazard. 1722(c), (g)(2) ...... Notify MMS within 5 days if trawl does not pass over protective device or causes 15 minutes. damages to it; or if inspection reveals casing stub or mud line suspension is no longer protected. 1722(f), (g)(3) ...... Submit annual report on plans for re-entry to complete or permanently abandon the 2. well and inspection report. 1722(h) ...... Request waiver of trawling test ...... 2. 1704(a); 1726 ...... Submit initial decommissioning application in the Pacific OCS Region and Alaska 20. OCS Region. 1704(b); 1725; 1727; Submit final application to remove platform or other subsea facility structures (includ- 8. 1728; 1730. ing alternate depth departure) or approval to maintain, to conduct other oper- ations, or to convert to artificial reef. 1725(e) ...... Notify MMS 48 hours before beginning removal of platform and other facilities ...... 15 minutes. 1704(c); 1729 ...... Submit post platform or other facility removal report ...... 2. 1740; 1743(b) ...... Request approval to use alternative methods of well site, platform, or other facility 4. clearance. 1743(b) ...... Verify permanently plugged well, platform, or other facility removal site cleared of 12. obstructions and submit certification letter. 1704(d); 1751; 1752 .. Submit application to decommission pipeline in place or remove pipeline ...... 8. 1753 ...... Submit post pipeline decommissioning report ...... 2. 1700 thru 1754 ...... General departure and alternative compliance requests not specifically covered else- 2. where in subpart Q regulations.

Estimated Reporting and burden of the proposed collection of software you purchase to prepare for Recordkeeping ‘‘Non-Hour Cost’’ information; (c) enhance the quality, collecting information, monitoring, and Burden: We have identified no cost usefulness, and clarity of the record storage facilities. You should not burdens for this collection. information to be collected; and (d) include estimates for equipment or Public Disclosure Statement: The PRA minimize the burden on the services purchased: (i) Before October 1, (44 U.S.C. 3501, et seq.) provides that an respondents, including the use of 1995; (ii) to comply with requirements agency may not conduct or sponsor a automated collection techniques or not associated with the information collection of information unless it other forms of information technology. collection; (iii) for reasons other than to displays a currently valid OMB control Agencies must also estimate the ‘‘non- provide information or keep records for number. Until OMB approves a hour cost’’ burdens to respondents or the Government; or (iv) as part of collection of information, you are not recordkeepers resulting from the customary and usual business or private obligated to respond. collection of information. Therefore, if practices. Comments: Before submitting an ICR you have costs to generate, maintain, MMS will summarize written to OMB, PRA section 3506(c)(2)(A) and disclose this information, you responses to this notice and address requires each agency ‘‘* * * to provide should comment and provide your total them in the submission for OMB notice * * * and otherwise consult capital and startup cost components or approval. As a result of your comments, with members of the public and affected annual operation, maintenance, and MMS will make any necessary agencies concerning each proposed purchase of service components. You adjustments to the burden in the collection of information * * * ’’. should describe the methods you use to submission to OMB. Agencies must specifically solicit estimate major cost factors, including Public Comment Policy: MMS’s comments to: (a) Evaluate whether the system and technology acquisition, practice is to make comments, including proposed collection of information is expected useful life of capital names and home addresses of necessary for the agency to perform its equipment, discount rate(s), and the respondents, available for public review duties, including whether the period over which you incur costs. during regular business hours. If you information is useful; (b) evaluate the Capital and startup costs include, wish your name and/or address to be accuracy of the agency’s estimate of the among other items, computers and withheld, you must state this

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prominently at the beginning of your can either locate it on the Internet at Old Harbor Library, Three Saints comment. MMS will honor this request www.mms.gov/alaska/cproject/ Avenue, Old Harbor, Alaska; to the extent allowable by law; however, Cook_Inlet/Cook Inlet Sale.htm; or Ouzinkie Tribal Media Center, 110 anonymous comments will not be contact the MMS Alaska OCS Regional Third Street, Ouzinkie, Alaska; considered. All submissions from Office. The documents are available for Port Graham Elementary/High School organizations or businesses, and from public inspection between the hours of Library, Port Graham, Alaska; individuals identifying themselves as 7:45 a.m. and 4:30 p.m., Monday Sand Point School Library, Sand representatives or officials of through Friday at: Minerals Point, Alaska; organizations or businesses, will be Management Service, Alaska OCS Seldovia Public Library, 260 Seldovia made available for public inspection in Region, Resource Center, 949 East 36th Street, Seldovia, Alaska; their entirety. Avenue, Room 330, Anchorage, Alaska Soldatna Public Library, 235 Binkley MMS Federal Register Liaison Officer: 99508–4363, telephone: (907) 271–6070 Street, Soldatna, Alaska; Denise Johnson at (202) 208–3976. or (907) 271–6621 or toll free at 1–800– U.S. Army Corps of Engineers Library, Dated: November 12, 2003. 764–2627. Requests may also be sent to U.S. Department of Defense, Elmendorf E.P. Danenberger, MMS at [email protected]. You Air Force Base, Anchorage, Alaska; may obtain single copies of the Final U.S. Environmental Protection Chief, Engineering and Operations Division. Agency, Region 10 Library, 1200 6th [FR Doc. 03–28835 Filed 11–18–03; 8:45 am] EIS, the Executive Summary, or a CD/ ROM version, from the same address. Avenue, OMP–104, Seattle, Washington; BILLING CODE 4310–MR–P You may also look at copies of the Final University of Alaska Anchorage, EIS in the following libraries: Consortium Library, 3211 Providence Drive, Anchorage, Alaska; DEPARTMENT OF THE INTERIOR Alaska Pacific University, Academic Support Center Library, 4101 University University of Alaska Fairbanks, Elmer Minerals Management Service Drive, Anchorage, Alaska; E. Rasmuson Library, Government Alaska Resources Library and Documents, 310 Tanana Drive, Outer Continental Shelf (OCS), Alaska Information Service (ARLIS), U.S. Fairbanks, Alaska; OCS Region Department of the Interior, 3150 C University of Alaska Fairbanks, Street, Suite 100, Anchorage, Alaska; Geophysical Institute, Government AGENCY: Minerals Management Service, Documents, Fairbanks, Interior. Alaska State Library, Government Publications, State Office Building, 333 Alaska; University of Alaska ACTION: Notice of the Availability of the Willoughby, Juneau, Alaska; Anchor Fairbanks, Institute of Arctic Biology, Final Environmental Impact Statement Point Public Library, 73405 Milo Fitz 311 Irving Building, Fairbanks, (EIS) for Proposed Oil and Gas Lease Avenue, Alaska; University of Alaska, Sales in Cook Inlet, Alaska. Anchor Point, Alaska; Chiniak Public Southeast, 11120 Glacier Highway, Juneau, Alaska; SUMMARY: MMS announces the Library, 42650 Chiniak Highway, Valdez Consortium Library, 200 availability of the Final EIS prepared by Chiniak, Fairbanks Street, Valdez, Alaska; Z. J. MMS for proposed OCS Lease Sales 191 Alaska; Fairbanks North Star Borough, Loussac Library, 3600 Denali Street, (2004) and 199 (2006) offshore Cook Noel Wien Library, 1215 Cowles Street, Anchorage, Alaska. Inlet, Alaska. Fairbanks, Alaska; FOR FURTHER INFORMATION CONTACT: Halibut Cove Library, Halibut Cove, Dated: September 22, 2003. Minerals Management Service, Alaska Alaska; Thomas A. Readinger, OCS Region, 949 East 36th Avenue, Homer Public Library, 141 W. Pioneer Associate Director for Offshore Minerals Anchorage, Alaska 99508–4363, Avenue, Homer, Alaska; Management. Jessie Wakefield Memorial Library, Attention: Dr. James Lima, telephone: Approved: September 24, 2003. 207 Spruce Drive, Port Lions, Alaska; (907) 271–6684 or toll free 1–800–764– Willie R. Taylor, Johnson Memorial Library, 319 Lower 2627. Mill Bay Road, Kodiak, Alaska; Director, Office of Environmental Policy and SUPPLEMENTARY INFORMATION: This EIS Juneau Public Library, 292 Marine Compliance. assesses two sales in the 2002–2007 5- Way, Juneau, Alaska; [FR Doc. 03–28868 Filed 11–18–03; 8:45 am] Year Oil and Gas Leasing Program for Kachemak Bay Campus Library, 533 BILLING CODE 4310–MR–P the Cook Inlet OCS Planning Area. Sale Pioneer Avenue, Homer, Alaska; 191 is scheduled for 2004 and Sale 199 Kasilof Public Library, Mile 110 for 2006. Federal Regulations (40 CFR Sterling Highway, Kasilof, Alaska; DEPARTMENT OF THE INTERIOR 1502.4) suggest analyzing similar or like Kenai Community Library, 163 Main Minerals Management Service proposals in a single EIS. The proposal Street Loop, Kenai, Alaska; analyzed for each sale is to offer 517 Kenai Peninsula College Library, Outer Continental Shelf, Western whole or partial lease blocks in the Cook 34820 College Drive, Soldotna, Alaska; Planning Area, Oil and Gas Lease Sale Inlet OCS Planning Area, covering about King Cove Community School 192 (2004) 2.5 million acres (about 1 million Library, King Cove, Alaska; hectares). The proposed sale area is Kodiak College Library, 117 Benny AGENCY: Minerals Management Service. seaward of the State of Alaska Benson Drive, Kodiak, Alaska; ACTION: Preparation of an environmental submerged lands boundary, extending Nanwalek Elementary/High School assessment. from 3 miles to approximately 30 miles Library, Nanwalek, Alaska; offshore and to water depths more than Ninilchik Community Library, 15850 SUMMARY: The Minerals Management 650 feet. It extends from below Kalgin Sterling Highway, Ninilchik, Alaska; Service (MMS) is beginning preparation Island south to approximately Shuyak North Slope Borough School District, of an environmental assessment (EA) for Island. Library/Media Center, Barrow, Alaska; proposed Lease Sale 192 (scheduled for EIS Availability: Persons interested in Northern Alaska Environmental August 2004) in the Western Planning reviewing the Final EIS ‘‘OCS EIS/EA, Center Library, 218 Driveway, Area (WPA) of the Gulf of Mexico MMS 2003–055’’ (Volumes I through III) Fairbanks, Alaska; (GOM). The preparation of this EA is the

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first step in the decision process for only for proposed CPA Lease Sale 185 Information Office (MS 5034), 1201 Lease Sale 192. The proposal and and proposed WPA Lease Sale 187. In Elmwood Park Boulevard, Room 114, alternatives for Lease Sale 192 were the year prior to each subsequent New Orleans, Louisiana 70123–2394 (1– identified by the Director of MMS in proposed lease sale, an additional 800–200–GULF). You may also view the January 2002 following the Call for National Environmental Policy Act Final EIS or check the list of libraries Information and Nominations/Notice of review will be conducted to address any that have copies of the Final EIS and Intent to Prepare an Environmental new information relevant to that their locations on the MMS Web site at Impact Statement (EIS) and were proposed action. After completion of the http://www.gomr.mms.gov. analyzed in the Gulf of Mexico OCS Oil EA, for proposed Lease Sale 192, MMS Dated: October 22, 2003. and Gas Lease Sales: 2003–2007, Central will determine whether to prepare a Chris C. Oynes, Planning Area Sales 185, 190, 194, 198, Finding of No New Significant Impact Regional Director, Gulf of Mexico OCS Region. and 201, and Western Planning Area (FONNSI) or a Supplemental EIS. The Sales 187, 192, 196, and 200, Final MMS will then prepare and send [FR Doc. 03–28932 Filed 11–18–03; 8:45 am] Environmental Impact Statement, Consistency Determinations (CD’s) to BILLING CODE 4310–MR–P Volumes I and II (Final EIS, OCS EIS/ the affected States to determine whether EA MMS 2002–052). The WPA the sale is consistent with their DEPARTMENT OF THE INTERIOR proposed action analyzed in the Final Federally-approved State coastal zone EIS was the offering of all available management programs. Finally, MMS Minerals Management Service unleased acreage in the WPA. The will solicit comments via the Proposed analysis in the EA will reexamine the Notice of Sale (PNOS) from the Outer Continental Shelf (OCS), Cook potential environmental effects of the governors of affected States on the size, Inlet Oil and Gas Lease Sale 191 proposed action and its alternatives timing, and location of Lease Sale 192. based on any new information regarding The tentative schedule for the prelease AGENCY: Minerals Management Service, potential impacts and issues that were decision process for the sale is as Interior. not available at the time the Final EIS follows: EA FONNSI or Supplemental ACTION: was prepared. EIS decision, March 2004; CD’s sent to Availability of the proposed notice of sale. FOR FURTHER INFORMATION CONTACT: affected States, March 2004; PNOS sent Minerals Management Service, Gulf of to governors of affected States, March SUMMARY: Alaska OCS, Cook Inlet; Mexico OCS Region, 1201 Elmwood 2004; Final Notice of Sale published in Notice of Availability of the proposed Park Boulevard, New Orleans, Louisiana the Federal Register, July 2004; and Notice of Sale for proposed Oil and Gas 70123–2394, Mr. Joseph Christopher, Lease Sale 192, August 2004. Lease Sale 191 in Cook Inlet. This telephone (504) 736–2774. Public Comments: Federal, State, and Notice is published pursuant to 30 CFR SUPPLEMENTARY INFORMATION: In local government agencies, and other 256.29(c) as a matter of information to November 2002, MMS prepared a Final interested parties are requested to send the public. EIS, which addressed nine proposed within 30 days of this Notice’s Federal actions that offer for lease areas publication comments regarding any With regard to oil and gas leasing on on the GOM Outer Continental Shelf new information or issues that should the OCS, the Secretary of the Interior, (OCS) that may contain economically be addressed in the EA to the Regional pursuant to section 19 of the OCS Lands recoverable oil and gas resources. Supervisor, Leasing and Environment Act, provides the affected States the Federal regulations allow for several (MS 5410), Gulf of Mexico OCS Region, opportunity to review the proposed related or similar proposals to be Minerals Management Service, 1201 Notice. The proposed Notice sets forth analyzed in one EIS (40 CFR 1502.4). Elmwood Park Boulevard, New Orleans, the proposed terms and conditions of Since each proposed lease sale and its Louisiana 70123–2394. Comments the sale, including minimum bids, projected activities are very similar each should be enclosed in an envelope royalty rates, and rentals. year for each planning area, a single EIS labeled ‘‘Comments on WPA Lease Sale The proposed Notice of Sale for Sale was prepared for the nine Central 192 EA.’’ You may also send comments 191 and a ‘‘Proposed Sale Notice Planning Area (CPA) and WPA lease to the MMS email address: Package’’ containing information sales scheduled in the Outer [email protected]. Comments, essential to potential bidders may be Continental Shelf Oil and Gas Leasing including the names and home obtained from the Alaska OCS Region, Program: 2002–2007 (the 5-Year addresses of respondents, will be made Information Resource Center, Minerals Program). Under the 5-Year Program, available for public review during Management Service, 949 East 36th five annual areawide lease sales are regular business hours. You may request Avenue, Room 330, Anchorage, Alaska scheduled for the CPA (Lease Sales 185, that your name, home address, or both 99508–4302. Telephone: (907) 271–6070 190, 194, 198, and 201) and five annual be withheld from the public record by or 1–800–764–2627. Certain documents areawide lease sales are scheduled for stating so at the beginning of your may be viewed and downloaded from the WPA (Lease Sales 184, 187, 192, submission. The MMS will honor such the MMS Web site at http:// 196, and 200). Lease Sale 184 was not a request to the extent allowable by law. www.mms.gov/alaska. addressed in the Final EIS; a separate All comments submitted by The final Notice of Sale will be EA was prepared for that proposal. The organizations and businesses or by published in the Federal Register at Final EIS addressed CPA Lease Sales individuals identifying themselves as least 30 days prior to the date of bid 185, 190, 194, 198, and 201 scheduled representatives of organizations and opening. Bid opening is currently for 2003, 2004, 2005, 2006, and 2007, businesses will be made available for scheduled for May 19, 2004. respectively, and WPA Lease Sales 187, inspection in their entirety. Anonymous 192, 196, and 200 scheduled for 2003, comments will not be considered. To Dated: November 12, 2003. 2004, 2005, and 2006, respectively. obtain single copies of the Final EIS, R. M. ‘‘Johnnie’’ Burton, Although the Final EIS addresses nine you may contact the Minerals Director, Minerals Management Service. proposed lease sales, at the completion Management Service, Gulf of Mexico [FR Doc. 03–28933 Filed 11–18–03; 8:45 am] of the EIS process, decisions were made OCS Region, Attention: Public BILLING CODE 4310–MR–P

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DEPARTMENT OF THE INTERIOR to provide insight into and knowledge The purpose of the HPF grants-to- of the concessioner’s operation so that HBCUs program is to assist in the National Park Service this authority can be exercised and preservation and restoration of historic franchise fees determined in a timely buildings and structures on the Information Collection; Request for manner and without an undue burden campuses of Historically Black Colleges Extension on the concessioner. and Universities. AGENCY: National Park Service, Interior. Bureau Form Number: 10–356, 10– DATES: To assure that the NPS considers 356a, 10–356b. ACTION: Notice of request for a currently your comments on this notice, NPS Frequency of Collection: Annually. approved information collection. must receive the comments on or before Description of Respondents: National January 20, 2004. SUMMARY: In compliance with the Park Service concessioners. Send Comments To: John W. Renaud, Paperwork Reduction Act of 1995 and 5 Total Annual Responses: 500. Project Coordinator, State, Tribal and CFR part 1320, the National Park Estimate of Burden: Approximately 20 Local Programs, Heritage Preservation Service (NPS) is announcing its hours per response. Services, National Center for Cultural intention to request an extension for a Total Annual Burden Hours: 3,800. Resources, National Park Service, 1849 currently approved information Total Non-hour Cost Burden: None. C St., NW., Org. Code 2255, collection (OMB Control Number 1024– All responses to this notice will be Washington, DC 20240–0001, via fax at 0029) under 36 CFR part 51 relating to summarized and included in the request (202) 371–1961, or via e-mail at Concessioner Annual Financial Reports. for OMB approval. All comments will [email protected]. also become a matter of public record. This program will measure performance FOR FURTHER INFORMATION CONTACT: John in meeting goals as required by the 1995 Copies of the information collection can be obtained from Cynthia L. Orlando, W. Renaud, Project Coordinator, State, Government Performance and Results Tribal and Local Programs, Heritage Act. Send comments on: (1) The need Concession Program Manager, National Park Service, Department of the Interior, Preservation Services, National Center for the collection of information for the for Cultural Resources, National Park performance of the functions of the 1849 C Street, NW., (2410), Washington, DC 20240. Service, 1849 C St., NW., Org. Code agency; (2) the accuracy of the agency’s 2255, Washington, DC 20240–0001, via burden estimates; (3) ways to enhance Dated: October 15, 2003. fax at (202) 371–1961, via e-mail at the quality, utility and clarity of the Leonard E. Stowe, [email protected], or via telephone information collection; (4) and ways to Acting Information Collection Clearance at (202) 354–2066. minimize the information collection Officer, National Park Service, Washington SUPPLEMENTARY INFORMATION: burden on respondents, such as use of Administrative Program Center. Title: Historic Preservation Fund automated means of collection of the [FR Doc. 03–28837 Filed 11–18–03; 8:45 am] grants to Historically Black Colleges and information. BILLING CODE 4310–70–M Universities. DATES: Comments on this notice must be OMB Number: 1024-xxxx. received no later than January 20, 2004. Expiration Date of Approval: Being DEPARTMENT OF INTERIOR ADDITIONAL INFORMATION OR COMMENTS: requested from OMB. Type of Request: Existing collection in Contact Cynthia Orlando, Concession National Park Service Program Manager, National Park use without an OMB control number. Abstract: This information collection Service, 1849 C Street, NW., (2410) 60-Day Notice of Intention To Request has an impact on not for profit Washington, DC 20240, or (202) 513– Clearance of Collection of Information; institutions that wish to apply for 7144. Opportunity for Public Comment Historic Preservation Fund grants to SUPPLEMENTARY INFORMATION: AGENCY: National Park Service, Historically Black Colleges and Title: Concessioner Annual Financial Department of Interior. Universities to preserve and restore Report. ACTION: Notice of intended submission historic buildings and structures on OMB Control Number: 1024–0029. to the Office of Management and Budget campus. The NPS uses the information Expiration Date of Approval: (OMB) and request for comments. collections to ensure compliance with December 31, 2003. the requirements of section 507 of the Type of Request: Extension of a SUMMARY: Under the provisions of the Omnibus Parks and Public Land currently approved information Paperwork Reduction Act of 1995 (44 Management Act of 1996 (Pub. L. 104– collection. U.S.C. 3507 et seq.) and 5 CFR part 333), as amended (16 U.S.C. 470a note) Abstract: The regulations at 36 CFR 1320, the National Park Service (NPS) and the government-wide grant part 51 primarily implement title IV of invites comments on its intention to requirements that OMB has issued and the National Parks Omnibus request OMB to approve information the Department of the Interior Management Act of 1998 (Pub. L. 105– collections associated with Historic implements through 43 CFR part 12. 391 or the Act), which requires that the Preservation Fund (HPF) grants to This information collection also will Secretary of the Interior exercise Historically Black Colleges and produce performance data that NPS uses authority in a manner consistent with a Universities (HBCUs). These are existing to assess its progress in meeting goals reasonable opportunity for a collections in use without an OMB set in Departmental and NPS strategic concessioner to realize a profit on his control number. Section 101(e)(3)(B) of plans created pursuant to the 1993 operation as a whole commensurate the National Historic Preservation Act, Government Performance and Results with the capital invested and the as amended, (16 U.S.C. 470a(e)(3)(B)) Act, as amended. obligations assumed. It also requires provides general authorization for this Respondents: Not for profit that franchise fees be determined with kind of grant program. Section 507 of institutions. consideration to the opportunity for net the Omnibus Parks and Public Land Estimate of Burden: NPS estimates profit in relation to both gross receipts Management Act of 1996 (P.L. 104–333), that the public burden for the HPF and capital invested. The financial as amended (16 U.S.C. 470a note) grants for HBCUs program collection of information being collected is necessary specifically mandates grants to HBCUs. information will average 10 hours per

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application and 21 hours per grant per (3) Ways to enhance the quality, Estimated numbers of year for all of the grant-related utility, and clarity of the information to collections. The combined total public be collected; Burden Responses hours burden for the HPF grants-for-HBCUs (4) Ways to minimize the burden of program-related information collections collecting the information, including Yellowstone Na- would average 31 hours per successful through the use of appropriate tional Park applicant/grantee. These estimates of automated, electronic, mechanical, or Wolf Eco- burden include time for reviewing nomic Study .. 5,000 1,917 instructions, searching existing data other forms of information technology; sources, gathering and maintaining the or, Under provisions of the Paperwork data needed, and reviewing the (5) Any other aspect of this collection Reduction Act of 1995 and 5 CFR part collection of information. of information. 1320, Reporting and Record Keeping Estimated Number of Respondents/ NPS will summarize and include in Requirements, the National Park Service Record Keepers: NPS estimates that the request for OMB approval all is soliciting comments on the need for there are 335 responses per year. This is responses to this notice. All comments gathering the information in the proposed surveys. The NPS also is the gross number of responses for all of will also become a matter of public asking for comments on the practical the elements included in this record. You can obtain copies of the information collection. The net numbers utility of the information being information collection from John W. of applicants and grantees participating gathered; the accuracy of the burden Renaud, Project Coordinator, State, in this information collection annually hour estimate; ways to enhance the Tribal and Local Programs, Heritage are 47 applicants and from among them quality, utility, and clarity of the 24 grantees. The frequency of response Preservation Services, National Center information to be collected; and ways to varies depending upon the activity. for Cultural Resources, National Park minimize the burden to respondents, Applicants complete the grant Service, 1849 C St., NW., Org. Code including use of automated information application once. Successful applicants 2255, Washington, DC 20240–0001 collection techniques or other forms of execute the grant agreement once and Dated: October 28, 2003. information technology. usually seek an amendment once during Leonard E. Stowe, The NPS goal in conducting this the two-year grant cycle. During the survey is to develop statistically valid Acting Information Collection Clearance estimates of Yellowstone National Park grant cycle, grantees seek NPS approval Officer, National Park Service, WAPC. once for qualified consultants, plans visitation and to evaluate the economic [FR Doc. 03–28838 Filed 11–18–03; 8:45 am] and specifications, and the final report. effects of wolf restoration in the context There are three on-site inspections BILLING CODE 4312–CT–P of an accurate regional economic model during the course of the two-year grant. that measures the role of Yellowstone There is one on-site inspection at the National Park in the overall regional DEPARTMENT OF THE INTERIOR beginning of the project, one in the economy. The broader information on visitation, visitor demographics, and the middle, and one at the end of the National Park Service project. Grantees comply with regional economy will have application government-wide record-keeping 60 Day Notice of Intention To Request to other park planning efforts where requirements throughout the duration of Clearance of Collection of Information; reliable visitation and economic data is needed for evaluation of project the grant. Grantees provide one interim Opportunity for Public Comment report per year and usually make proposals and other management issues. requests for payment six times a year. AGENCY: Department of the Interior, DATES: Public comments will be Estimated average number of National Park Service, Yellowstone accepted on or before 60 days from the Applicant responses: 47 annually. National Park. date of publication in the Federal Estimated average gross number of Register. Grantee responses: 288 annually. ACTION: Notice and request for Send Comments to: Dr. John Duffield, Estimated average gross number of comments. University of Montana, Department of responses: 335 annually. Economics, Missoula, MT 59812. Estimated average burden hours per SUMMARY: The Yellowstone National FOR FURTHER INFORMATION CONTACT: Dr. Applicant response: 10 hours. Park Wolf Economic Study will provide John Duffield. Voice: 406–721–2265, Estimated average burden hours per park managers and others with Email: . Grantee response: 2 hours. important, accurate information about SUPPLEMENTARY INFORMATION: Estimated average annual burden the Yellowstone National Park visitor Titles: Yellowstone National Park hours per Grantee for all responses: 21 population in general as well as visitor Wolf Economic Study. hours. and trip characteristics of those who Bureau Form Number: None. Estimated total annual average specifically view wolves in the park. OMB Number: To be requested. burden hours per respondent: 31 hours. The importance of visitation specifically Expiration Date: To be requested. Estimated Annual Burden on tied to wolves in the park will be Type of request: Request for new Respondents: 957 hours. examined. The mail-back questionnaire clearance. NPS is soliciting comments regarding: is designed to systematically collect Description of need: Wolf restoration (1) Whether the collection of data from visitors in several different in Yellowstone is an internationally information is necessary for the proper important wildlife conservation success topic areas: Individual characteristics, performance of the functions of NPS, story. The visibility and public interest trip/visit characteristics, individual including whether the information will in wolves, wolf viewing, and wolf-based activities and individual opinions on have practical utility; education programs has far exceeded (2) The accuracy of the burden park and wildlife management. initial expectations. A major public estimate including the validity of the issue with wolf restoration was the cost method and assumptions used; to implement, in tax dollars, versus

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economic benefits. Proponents thought assessment for Seismic Exploration Dated: September 23, 2003. it a boon; opponents predicted negative within the Big Sandy Creek, Menard Michael D. Snyder, regional economic impacts. Economic Creek Corridor, and Hickory Creek Deputy Regional Director, Intermountain studies done prior to restoration Savannah Units of Big Thicket National Region, National Park Service. predicted large positive economic Preserve, Polk, Hardin and Tyler [FR Doc. 03–28842 Filed 11–18–03; 8:45 am] benefits. The wolf recovery program has Counties, Texas. BILLING CODE 4310–70–M now matured; this proposal would SUMMARY: quantify the economic and social effects The National Park Service, in due to wolf restoration as well as accordance with subsection 9.52(b) of DEPARTMENT OF THE INTERIOR provide critical baseline information for Title 36 of the Code of Federal other planning and analyses. Regulations, part 9, subpart B, has National Park Service Wolf recovery generates positive received from Seismic Assistants, Ltd., Plan of Operations, Environmental economic impacts on the Greater a Plan of Operations for seismic Assessment, Padre Island National Yellowstone Area (GYA) regional exploration within Big Thicket National Seashore, Texas economy in several ways. The most Preserve, Texas. The Plan of Operations and accompanying Environmental significant impacts arise from visitors AGENCY: National Park Service, Assessment are available for public traveling from outside the region who Department of the Interior. review and comment. choose to come to Yellowstone because ACTION: Notice of Availability of a Plan DATES: The National Park Service will wolves are present or who extend their of Operations, Environmental accept comments from the public on the stay because of wolves. Other impacts Assessment, and Floodplains and include wolf-program related Plan of Operations and Environmental Wetlands Statement of Findings for a expenditures. Economic impacts Assessment for 30 days after publication 30-day public review at Padre Island depend on visitor numbers and of this notice. No public meetings are National Seashore. expenditures, which are best measured scheduled at this time. through visitor surveys. Understanding ADDRESSES: The Plan of Operations and SUMMARY: The National Park Service the contribution of wolf recovery Environmental Assessment will be (NPS), in accordance with Section requires development of a model of the available for public review and 9.52(b) of Title 36 of the Code of Federal actual aggregate role of Yellowstone comment in the office of the Regulations, Executive Order 11988, National Park in the regional economy. Superintendent, Big Thicket National Floodplain Management, and Executive Automated data collection: At the Preserve, 3785 Milam Street, Beaumont, Order 11990, Protection of Wetlands has present time, there is no automated way Texas. Copies can be requested from the received from BNP Petroleum to gather this information because it Superintendent, Big Thicket National Corporation a Plan of Operations for includes directly contacting visitors to Preserve, 3785 Milam Street, Beaumont, drilling and production of the Dunn- Yellowstone National Park. Texas 77701 or by calling (409) 839– Peach No. 1 Well from a surface location Description of respondents: Visitors to 2689. 6.9 miles south along the Gulf beach, from the end of Park Road 22, within Yellowstone National Park. FOR FURTHER INFORMATION CONTACT: Padre Island National Seashore. Estimated average number of Doug Hutter, Acting Chief, Division of Additionally, the NPS has prepared an respondents: 5,000. Resources Management, Big Thicket Environmental Assessment and a Estimated average number of National Preserve, 3785 Milam Street, Floodplains and Wetlands Statement of responses: Each respondent will Beaumont, Texas 77701, (409) 839– Findings for the site of the proposed respond only one time, so the number 2689, Extension 232. of responses will be the same as the well. SUPPLEMENTARY INFORMATION: If you number of respondents. DATES: The above documents are Estimated average burden hours per wish to comment, you may mail comments to the Superintendent, Big available for public review and response: 23 minutes. comment through December 19, 2003. Frequency of Response: 1 time per Thicket National Preserve, at the above street address. You may also hand ADDRESSES: The Plan of Operations, respondent. Environmental Assessment, and Estimated annual reporting burden: deliver comments to the superintendent Floodplain and Wetlands Statement of 1,917 hours. at the same address. Our practice is to make comments, including names and Findings are available for public review Dated: November 4, 2003. home addresses of respondents, and comment in the Office of the Leonard E. Stowe, available for public review during Superintendent, Padre Island National Acting National Park Service Information regular business hours. Individual Seashore, 20301 Park Road 22, Corpus Collection Clearance Officer. respondents may request that we Christi, Texas. Copies of the Plan of [FR Doc. 03–28843 Filed 11–18–03; 8:45 am] withhold their home address from the Operations are available, for a BILLING CODE 4310–70–P record, which we will honor to the duplication fee, from the extent allowable by law. There also may Superintendent, Padre Island National be circumstances in which we would Seashore, PO Box 181300, Corpus DEPARTMENT OF THE INTERIOR withhold from the record a respondent’s Christi, Texas 78480–1300. identity, as allowable by law. If you FOR FURTHER INFORMATION CONTACT: Ms. National Park Service wish us to withhold your name and/or Arlene Wimer, Environmental Plan of Operations and Environmental address, you must state this Protection Specialist, Padre Island Assessment for Seismic Exploration, prominently at the beginning of your National Seashore, PO Box 181300, Big Thicket National Preserve, Texas comment. We will make all submissions Corpus Christi, Texas 78480–1300, from organizations or businesses, and Telephone: 361–949–8173 x 224, e-mail AGENCY: National Park Service, from individuals identifying themselves at [email protected]. Department of the Interior. as representatives or officials of SUPPLEMENTARY INFORMATION: If you ACTION: Notice of availability of the plan organizations or businesses, available wish to submit comments about this of operations and environmental for public inspection in their entirety. document within the 30 days; mail them

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to the post office address provided up to invite the public to bring issues of DEPARTMENT OF THE INTERIOR above, hand-deliver them to the park at interest before the Commission. the street address provided above, or MEETING DATE AND TIME: Saturday, National Park Service electronically file them to the e-mail January 10, 2004, at 9 a.m. (snow date Native American Graves Protection address provided above. Our practice is January 17). to make comments, including names and Repatriation Review Committee: and home addresses of respondents, ADDRESS: Mohican Outdoor Center, 50 Meeting available for public review during Camp Road, Blairstown, NJ 07825–9655. regular business hours. Individual The agenda will include reports from AGENCY: National Park Service, Interior. respondents may request that we Citizen Advisory Commission Committees, including Recruitment, ACTION: Notice of change of public withhold their home address from the meeting. record, which we will honor to the Natural Resources, Inter-governmental extent allowable by law. There also may Cultural Resources, Special Projects, SUMMARY: be circumstances in which we would and Public Visitation and Tourism. The Native American Graves withhold from the record a respondent’s Superintendent John J. Donahue will Protection and Repatriation Review identity, as allowable by law. If you give a report on various park issues, Committee meeting scheduled for wish us to withhold your name and/or including cultural resources, natural November 21–23, 2003, in Albuquerque, address, you must state this resources, construction projects, and NM, and announced in the Federal prominently at the beginning of your partnership ventures. The agenda is set Register on April 8, 2003 (FR Doc. 03– comment. We will make all submissions up to invite the public to bring issues of 8506), is rescheduled for early in 2004. from organizations or businesses, and interest before the Commission. A notice will be published in the from individuals identifying themselves MEETING DATE AND TIME: Thursday, Federal Register when dates and other as representatives or officials of March 4, 2004, at 7 p.m. details for the next Review Committee organizations or businesses, available meeting have been determined. ADDRESS: Bushkill Visitor Center, Route for public inspection in their entirety. 209, Bushkill PA 18324. FOR FURTHER INFORMATION CONTACT: Dated: September 25, 2003. The agenda will include reports from Martha Graham, Program Officer, Michael D. Snyder, Citizen Advisory Commission National NAGPRA, telephone (202) Acting Director, Intermountain Region, Committees, including Recruitment, 354–2202, facsimile (202) 371–5197, or National Park Service. Natural Resources, Inter-governmental e-mail [email protected]. [FR Doc. 03–28844 Filed 11–18–03; 8:45 am] Cultural Resources, Special Projects, SUPPLEMENTARY INFORMATION: National BILLING CODE 4310–70–P and Public Visitation and Tourism. NAGPRA consultation meetings and Superintendent John J. Donahue will training sessions scheduled to be held give a report on various park issues, DEPARTMENT OF THE INTERIOR in Albuquerque, NM, November 18–20, including cultural resources, natural 2003, will be held as planned. resources, construction projects, and National Park Service partnership ventures. The agenda is set Dated: October 9, 2003. Delaware Water Gap National up to invite the public to bring issues of John Robbins, Recreation Area Citizen Advisory interest before the Commission. Designated Federal Officer, NAGPRA Review Commission Meeting MEETING DATE AND TIME: Thursday, Committee. March 4, 2004, at 7 p.m. [FR Doc. 03–28845 Filed 11–18–03; 8:45 am] AGENCY: National Park Service, Interior. ADDRESS: Bushkill Visitor Center, Route BILLING CODE 4310–70–S ACTION: Notice of meeting. 209, Bushkill PA 18324. SUMMARY: This notice announces four This is the annual meeting of the DEPARTMENT OF THE INTERIOR public meetings of the Delaware Water Commission held for the election of Gap National Recreation Area Citizen officers for the 2004–2005 term. National Park Service Advisory Commission. Notice of these SUPPLEMENTARY INFORMATION: The meetings is required under the Federal Delaware Water Gap National National Register of Historic Places; Advisory Committee Act (Pub. L. 92– Recreation Area Citizen Advisory Notification of Pending Nominations 463). Commission was established by Public MEETING DATE AND TIME: Monday, Law 100–573 to advise the Secretary of Nominations for the following November 24, 2003, at 7 p.m. the Interior and the United States properties being considered for listing ADDRESS: Pocono Environmental Congress on matters pertaining to the in the National Register were received Education Center, Brisco Mountain management and operation of the by the National Park Service before Road, Dingmans Ferry, PA 18328. Delaware Water Gap National October 25, 2003. Pursuant to section The agenda will include reports from Recreation Area, as well as on other 60.13 of 36 CFR part 60 written Citizen Advisory Commission members matters affecting the recreation area and comments concerning the significance including the establishment of its surrounding communities. of these properties under the National Commission committees such as FOR FURTHER INFORMATION, CONTACT: Register criteria for evaluation may be Recruitment, Natural Resources, Inter- Superintendent, Delaware Water Gap forwarded by United States Postal governmental Cultural Resources, National Recreation Area, Bushkill, PA Service, to the National Register of Special Projects, and Public Visitation 18324, (570) 588–2418. Historic Places, National Park Service, and Tourism. 1849 C St. NW., 2280, Washington, DC Superintendent John J. Donahue will Dated: September 18, 2003. 20240; by all other carriers, National give a report on various park issues, John J. Donahue, Register of Historic Places, National including cultural resources, natural Superintendent. Park Service,1201 Eye St. NW., 8th resources, construction projects, and [FR Doc. 03–28839 Filed 11–18–03; 8:45 am] floor, Washington, DC 20005; or by fax, partnership ventures. The agenda is set BILLING CODE 4310–MY–P (202) 371–6447. Written or faxed

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comments should be submitted by Worcester County Skyland, Lewis Mountain and Big December 4, 2003. Miss Toy Town Diner, (Diners of Meadows, Luray, 03001251. Massachusetts MPS), 102 Main St., Wisconsin Carol D. Shull, Gardner, 03001242. Keeper of the National Register of Historic Jefferson County Places. New Mexico Solliday, Albert F., House, 114 S. Church St., Bernalillo County Georgia Watertown, 03001249. Manzano Court Addition Historic District, Fulton County (Twentieth Century Suburban Growth of Wyoming Wallace, Anne, Branch—Carnegie Library of Albuquerque MPS), 1000–1025 Manzano Albany County Atlanta, 535 Luckie St. NW., Fulton, Court NW., Albuquerque, 03001234. 03001223. Lincoln School, 209 S. Cedar St., Laramie, New York Kentucky 03001252. Albany County Allen County Teton County Bennett Hill Farm, Bennett Hill Rd. at Rowe Dumont Hill, 0.25 mi. N of KY 1386, Rd., New Scotland, 03001241. George Washington Memorial Park, Bet. Scottsville, 03001227. Cache, Center, Broadway, and Deloney, Nassau County Jackson, 03001250. Barren County Goodyear, A. Conger, House, 14 Orchard Ln., Huff Memorial Library 320 S. King St. Glasgow Central Business District (Boundary Old Westbury, 03001246. Jackson, 03001253. Increase), Roughly bounded by Water St., Requests for REMOVAL have been made Broadway St., Wayne St., and Liberty St., Otsego County for the following resources: Glasgow, 03001228. Oneonta Downtown Historic District, Main, North Race Street Historic District (Boundary Chestnut, Dietz, Market, Elm, Water, Wall, Kentucky Increase), (Barren County MRA), Roughly S. Main Sts., Oneonta, 03001245. bounded by Happy Valley Rd., Green St., Red Bird River Petroglyph (15CY51), Garmon Ave. and Front St., Glasgow, Saratoga County (Prehistoric Rock Art Sites in Kentucky 03001229. Noxon Bank Building, 9 Terminal Rd., MPS), Address Restricted, Eriline vicinity, Southwest Glasgow Residential District Crescent, 03001247. 89001182. (Boundary Increase), (Barren County North Carolina MRA), Roughly bounded by Washington Louisiana St., Broadway St., Brookdale Dr., Cottage Pitt County St. Landry Parish Ave., and Jefferson St., Glasgow, 03001230. Renston Rural Historic District, Approx 2.5 Dupre, Jacques, House, Off U.S. 167, N of Boone County mi along NC 903, roughly bounded by NC Opelousas, Opelousas vicinity, 90000543. 1127 and Stokes Ln., Winterville, Rabbit Hash Historic District, (Boone County, 03001236. Kentucky MPS), Roughly along Lower Pennsylvania River Rd., Rabbit Hash, 03001231. Oklahoma Risser’s Mill Covered Bridge, (Covered Bridges of Lancaster County TR), SW. of Bullitt County Canadian County Manheim of LR 36069, Rapho/Mount Joy Lebanon Junction Historic District, Roughly Bridgeport Hill Service Station, (Route 66 in Townships Manheim vicinity, 80004612. bounded by Maple St., KY 61, Knoxville Oklahoma MPS), Jct. Old Route 66 and Ave. and Harrel and Masden Sts., Lebanon U.S. 281 Spur, Geary, 03001239. [FR Doc. 03–28840 Filed 11–18–03; 8:45 am] Junction, 03001224. BILLING CODE 4312–51–P Creek County Jefferson County Little Deep Fork Creek Bridge, (Route 66 in Pendennis Club, 218 W. Walnut St., Oklahoma MPS), 0.33 mi. E of jct. of E0830 DEPARTMENT OF THE INTERIOR Louisville, 03001225. Rd. and N3700 Rd., Bristow, 03001237. Pike County Lincoln County National Park Service Stone Historic District, Portions of Pond Ozark Trails Section of Route 66, (Route 66 Creek and Hensley Hollow Rds., Baptist, in Oklahoma MPS), Jct. of N3540 Rd and National Register of Historic Places; Irick, Eastern and May Sts., and Trout E0890 Rd W to jct. of E0890 Rd. and St. Notification of Pending Nominations Town Ln., Stone, 03001226. Louis and San Francisco RR tracks, Stroud, 03001235. Nominations for the following Louisiana properties being considered for listing Osage County Orleans Parish in the National Register were received Lincoln Colored School, 171 NE Walnut, by the National Park Service before Sister Stanislaus Memorial Building, 450 S. Fairfax, 03001238. Claiborne Ave., New Orleans, 03001233. November 1, 2003. Pursuant to section Ottawa County Pointe Coupee Parish 60.13 of 36 CFR part 60 written Narcissa D–X Gas Station, (Route 66 in comments concerning the significance Dupre, Jacques, House, (Louisiana’s French Oklahoma MPS), 15050 S. OK 69, Miami, of these properties under the National Creole Architecture MPS), 13987 Chenal 03001240. Rd., Jarreau, 03001232. Register criteria for evaluation may be Vermont forwarded by United States Postal Massachusetts Windsor County Service, to the National Register of Hampden County Historic Places, National Park Service, Christian Street Rural Historic District, 1849 C St. NW, 2280, Washington, DC New Bay Diner Restaurant, (Diners of Christian St., Hemlock Ridge Dr., and Massachusetts MPS), 950 Bay St., Jericho St., Hartford, 03001248. 20240; by all other carriers, National Springfield, 03001244. Register of Historic Places, National Virginia Middlesex County Park Service,1201 Eye St. NW., 8th Whit’s Diner, (Diners of Massachusetts MPS), Greene County floor, Washington DC 20005; or by fax, 184A Fountain St., Framingham, Skyline Drive Historic District (Boundary 202–371–6447. Written or faxed 03001243. Increase), Shenandoah National Park,

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comments should be submitted by Coos County Biggs Sts. and the Laurinburg and December 4, 2003. Meadow Bridge, Spur of North Rd. in Sourthern RR, Laurinburg, 03001274 Ahelburne across the Androscoggin R., Ohio Carol D. Shull, Shelburne, 03001284 Keeper of the National Register of Historic Hamilton County Hillsborough County Places. Glencoe-Auburn Hotel and Clecoe-Auburn Nichols, Marion, Summer Home, 56 Love Iowa Place Row Houses, Glencoe Place, Leroy Lane, Hollis, 03001283 Court, View Court, Cincinnati, 03001286 Polk County New Jersey Montgomery County Hotel Kirkwood, 400 4th St. (400 Walnut St.), Exposition Hall, Montgomery County Des Moines, 03001256 Camden County Fairgrounds, Montgomery County Church of the Immaculate Conception, 642 Linden Heights Historic District, Foster Dr., Fairgrounds, 1043 S. Main St., Dayton, Glenview Dr., Woodlawn, Park Hill Dr. W Market St., Camden, 03001277 03001287 of SW 42nd St., Des Moines, 03001262 Middlesex County South Carolina Kansas St. Mary’s Church, Jct. of Jackson St. and Aiken County Douglas County Whitehead Ave., South River Borough, 03001276 US Court House—Aiken, South Carolina, 223 Coal Creek Library, 698 E. 1719 Rd., Baldwin Park Ave., SE, Aiken, 03001288 Somerset County City, 03001257 A request for REMOVAL has been made for Pratt County Gurlick, Dirck, House, 506 Belle Mead— the following reasons: Blawenburg Rd., Montgomery Township, Thornton Adobe Barn, 1 mi. E and 1.25 mi 03001285 Iowa N of Isabel, Isabel, 03001258 New York Calhoun County Thomas County Welsh Bridge, (Highway Bridges of Iowa Albany County Colby City Hall, (New Deal-Era Resources of MPS), 1st Ave. Over Welsh’s Slough, Kansas MPS) 585 N. Franklin Ave., Colby, Babcock, Dr. John, House, 101 Lasher Rd., Somers, 98000751 Selkirk, 03001278 03001259 Clayton County Colby Community High School, (New Deal- Cayuga County County Road Bridge 15, (Highway Bridges of Era Resources of Kansas MPS) 750 W. Mosher Farmstead, 1016 Sherwood Rd., Iowa MPS), County Road over unnamed Third St., Colby, 03001260 Aurora, 03001280 stream, Elkader vicinity, 98000804 Maryland Saratoga County Des Moines County Baltimore Independent city Berry, Col. Sidney, House, 725 W. River Rd., Yellow Spring Creek Bridge, (Highway Miller, H.F. Miller & Son Tin Box and Can Northumberland, 03001281 Bridges of Iowa MPS), Sperry Rd. Over Manufacturing Plant, 2601 N. Howard St., Gideon Putnam Burying Ground, Franklin Yellow Spring Cr., Mediapolis vicinity, Baltimore (Independent City), 03001268 St., Saratoga Springs, 03001279 98000791 Carroll County North Carolina Story County Englar—Scweigart—Rinehart Farm, 47 Cabarrus County Soper’s Mill Bridge, N of Ames off IA 35, Ames vicinity, 78001261 Rockland Rd., Westminster, 03001267 Union Street Nourth—Cabarrus Avenue Queen Anne’s County Commercial Historic District, Roughly Tennessee Union St. N, Cabarrus Ave. E, Cabarrus White County Female Seminary, 205–207 S. Commerce St., Ave. W, and Church St. S, Concord, Centreville, 03001266 03001272 Oldham Theater, W. Liberty Sq., Sparta, 93001188 Massachusetts Duplin County [FR Doc. 03–28841 Filed 11–18–03; 8:45 am] Bristol County Kenansville Historic District (Boundary BILLING CODE 4312–51–P Common Avenue Historic District, Decrease), NC 24, cic. of Bostic and Stokes Commonwealth Ave., N side from Stanley Sts., Stokes St. from S. Main St. to St. to beyond Robinson St., North Seminary St., Kenansville, 03001271 DEPARTMENT OF JUSTICE Attleborough, 03001261 Lincoln County Cottage—Freeman Historic District, Cottage St. Freeman St., from Commonwealth Ave. Laboratory Historic District, Jct. of Laboratory Notice of Lodging of Consent Decree Rd. and S. Fork Rd., Laboratory, 03001273 to Ten Mile River and Park Ln., North Under the Comprehensive Attleborough, 03001263 Mecklenburg County Environmental Response, Compensation and Liability Act Essex County Grinnell Company—General Fire Extinquisher Company Complex, 1431 W. (‘‘CERCLA’’) Ann’s Diner, (Diners of Massachusetts MPS) Morehead St., Charlotte, 03001275 11 Bridge Rd. (US 1), Salisbury, 03001264 Consistent with Section 122(i) of Mitchell County CERCLA, 42 U.S.C. 9622(i), and 28 CFR Missouri Penland School Historic District, NC 1164 50.7, a Partial Consent Decree with Cape Girardeau County (Conley Ridge Rd.), Penland, 03001270 Intertrade Holdings was docketed with the United States District Court for the Wood Building, (Cape Girardeau, Missouri New Hanover County MPS) 1–3 S. Frederick and 605–607 Middle District of Georgia in the matter Independence Sts., Cape Girardeau, Sunset Park Historic District, Roughly of United States v. American Cyanamid, 03001269 bounded by Carolina Beach Rd., Southern et al., No. 1:02–CV–109–1 (M.D. Ga.) Blvd., Burnett Blvd., and Sunset Ave., New Hampshire Wilmington, 03001265 (Docket No. 60). In that action, the United States seeks Carroll County Scotland County to recover from various Defendants, North Conway 5 and 10 Cent Store, 2683 Laurinburg Commercial Historic District, pursuant to Sections 107 and 113(b)(2) Main St., North Conway, 03001282 Roughly bounded by Church, Atkinson, of the Comprehensive Environmental

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Response, Compensation, and Liability DEPARTMENT OF JUSTICE U.S. Department of Justice, Washington, Act of 1980, as amended, (‘‘CERCLA’’), DC 20044–7611 or by faxing or e- 42 U.S.C. 9607 and 9613(G)(2), the costs Notice of Lodging of Consent Decree mailing a request to Tonia Fleetwood incurred and to be incurred by the Under the Comprehensive ([email protected]), fax no. United States in responding to the Environmental Response, (202) 514–0097, phone confirmation release and/or threatened release of Compensation and Liability Act number (202) 514–1547. In requesting a hazardous substances at and from the (‘‘CERCLA’’) copy from the Consent Decree Library, please refer to United States v. Stoller Chemical Company/Pelham Site Consistent with Section 122(i) of American Cyanamid, et al., (M.D. Ga.) (‘‘Site’’) in Pelham, Mitchell County, CERCLA, 42 U.S.C. 9622(i), and 28 CFR (Partial Consent Decree with American Georgia. 50.7, notice is hereby given that on June Cyanamid, DOJ Ref. No. 90–11–3– Under the proposed Partial Consent 12, 2003, a Partial Consent Decree with 07602), and enclose a check in the Decree, Defendant Intertrade Holdings American Cyanamid was docketed with amount of $5.50 (25 cents per page will pay $100,000 to the Hazardous the United States District Court for the reproduction cost) payable to the U.S. Substances Superfund in Middle District of Georgia in the matter Treasury. reimbursement of the costs incurred by of United States v. American Cyanamid, the United States at the Site. et al., No. 1:02–CV–109–1(M.D. Ga.) W. Benjamin Fisherow, The Department of Justice will receive (Docket No. 60). Deputy Chief, Environmental Enforcement In that action, the United States seeks Section, Environment & Natural Resources for a period of thirty (30) days from the Division. date of this publication comments to recover from various Defendants, [FR Doc. 03–28927 Filed 11–18–03; 8:45 am] relating to the Consent Decree. pursuant to Sections 107 and 113(g)(2) Comments should be addressed to the of the Comprehensive Environmental BILLING CODE 4410–15–M Assistant Attorney General, Response, Compensation, and Liability Act of 1980, as amended, (‘‘CERCLA’’), Environment and Natural Resources 42 U.S.C. 9607 and 9613(g)(2), the costs DEPARTMENT OF JUSTICE Division, PO Box 7611, U.S. Department incurred and to be incurred by the of Justice, Washington, DC 20044–7611, Notice of Lodging of Consent Decree United States in responding to the and should refer to United States v. Under the Comprehensive release and/or threatened release of American Cyanamid, et al., (M.D. Ga) Environmental Response, hazardous substances at and from the (Partial Consent Decree with Intertrade Compensation and Liability Act Stoller Chemical Company/Pelham Site Holdings, DOJ Ref. No. 90–11–3–07602). (‘‘CERCLA’’) (‘‘Site’’) in Pelham, Mitchell County, The Consent Decree may be examined Georgia. Consistent with Section 122(i) of at the Office of the United States Under the proposed Partial Consent CERCLA, 42 U.S.C. 9622(i), and 28 CFR Attorney, Middle District of Georgia, Decree, Defendant American Cyanamid 50.7, notice is hereby given that on June Cherry St. Galleria, 4th Floor, 433 will pay $205,000 to the hazardous 12, 2003, a Partial Consent Decree with Cherry St., Macon, GA 31201 ((478) Substances Superfund in The Dial Corporation was docketed with 752–3511), and at EPA Region 4, Atlanta reimbursement of the costs incurred by the United States District Court for the Federal Center, 61 Forsyth Street, SW., the United States at the Site. Middle District of Georgia in the matter Atlanta, Georgia 30303 (contact The Department of Justice will receive of United States v. American Cyanamid, Elizabeth Davis, Esp. (404) 562–9696). for a period of thirty (30) days from the et al., No. 1:02–CV–109–1 (M.D. Ga.) During the public comment period, the date of this publication comments (Docket No. 60). Consent Decree may also be examined relating to the Consent Decree. In that action, the United States seeks on the following Department of Justice Comments should be addressed to the to recover from various Defendants, Web site, Assistant Attorney General, pursuant to Sections 107 and 113(g)(2) http://www.usdoj.gov/enrd/open.html. Environment and Natural Resources of the Comprehensive Environmental A copy of the Partial Consent Decree Division, PO Box 7611, U.S. Department Response, Compensation, and Liability may also be obtained by mail from the of Justice, Washington, DC 20044–7611, Act of 1980, as amended, (‘‘CERCLA’’), Consent Decree Library, P.O. Box 7611, and should refer to United States v. 42 U.S.C. 9607 and 9613(g)(2), the costs U.S. Department of Justice, Washington, American Cyanamid, et al., (M.D. Ga.) incurred and to be incurred by the DC 20044–7611 or by faxing or e- (Partial Consent Decree with American United States in responding to the mailing a request to Tonia Fleetwood Cyanamid, DOJ Ref. No. 90–11–3– release and/or threatened release of ([email protected]), fax no. 07602). hazardous substances at and from the (202) 514–0097, phone confirmation The Consent Decree may be examined Stoller Chemical Company/Pelham Site number (202) 514–1547. In requesting a at the Office of the United States (‘‘Site’’) in Pelham, Mitchell County, copy from the Consent Decree Library, Attorney, Middle District of Georgia, Georgia. please refer to United States v. Cherry St. Galleria, 4th Floor, 433 Under the proposed Partial Consent American Cyanamid, et al., (M.D. Ga) Cherry St., Macon, GA 31201 ((478) Decree, The Dial Corporation will pay (Partial Consent Decree with Intertrade 752–3511), and at EPA Region 4, Atlanta $570,000 to the Hazardous Substances Holdings, DOJ Ref. No. 90–11–3–07602), Federal Center, 61 Forsyth Street, SW., Superfund in reimbursement of the and enclose a check in the amount of Atlanta, Georgia 30303 (contact costs incurred by the United States at $5.75 (25 cents per page reproduction Elizabeth Davis, Esq. (404) 562–9696). the Site. cost) payable to the U.S. Treasury. During the public comment period, the The Department of Justice will receive Consent Decree may also be examined for a period of thirty (30) days from the W. Benjamin Fisherow, on the following Department of Justice date of this publication comments Deputy Chief, Environmental Enforcement Web site, relating to the Consent Decree. Section, Environment & Natural Resources http://www.usdoj.gov/enrd/open.html. Comments should be addressed to the Division. A copy of the Partial Consent Decree Assistant Attorney General, [FR Doc. 03–28926 Filed 11–18–03; 8:45 am] may also be obtained by mail from the Environment and Natural Resources BILLING CODE 4410–15–M Consent Decree Library, PO Box 7611, Division, P.O. Box 7611, U.S.

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Department of Justice, Washington, DC Act of 1980, as amended (‘‘CERCLA’’), reproduction cost) payable to the U.S. 20044–7611, and should refer to United 42 U.S.C. 9607 and 9613(g)(2), the costs Treasury. States v. American Cyanamid, et al., incurred and to be incurred by the W. Benjamin Fisherow, (M.D. Ga.) (Partial Consent Decree with United States in responding to the The Dial Corporation, DOJ Ref. No. 90– Deputy Chief, Environmental Enforcement release and/or threatened release of Section, Environment & Natural Resources 11–3–07602). hazardous substances at and from the Division. The Consent Decree may be examined Stoller Chemical Company/Pelham Site [FR Doc. 03–28929 Filed 11–18–03; 8:45 am] at the Office of the United States (‘‘Site’’) in Pelham, Mitchell County, Attorney, Middle District of Georgia, BILLING CODE 4410–15–M Georgia. Cherry St. Galleria, 4th Floor, 433 Under the proposed Partial Consent Cherry St., Macon, GA 31201 ((478) DEPARTMENT OF JUSTICE 752–3511), and at EPA Region 4, Atlanta Decree, the Settling Defendants will pay Federal Center, 61 Forsyth Street, SW., the following amounts to the Hazardous Notice of Lodging of Consent Decree Atlanta, Georgia 30303 (contact Substances Superfund in Under the Comprehensive Elizabeth Davis, Esq. (404) 562–9696). reimbursement of the costs incurred by Environmental Response, During the public comment period, the the United States at the Site: Brenntag Compensation and Liability Act Consent Decree may also be examined Mid-South, Inc.—$23,441; PVS (‘‘CERCLA’’) on the following Department of Justice Chemical Solution, Inc.—$47,000; and Web site: http://www.usdoj.gov/enrd/ Winn-Dixie Stores, Inc.—$17,500. Consistent with Section 122(i) of open.html. A copy of the Partial CERCLA, 42 U.S.C. 9622(i), and 28 CFR Consent Decree may also be obtained by The Department of Justice will receive 50.7, notice is hereby given that on June mail from the Consent Decree Library, for a period of thirty (30) days from the 12, 2003, a Partial Consent Decree P.O. Box 7611, U.S. Department of date of this publication comments among the United States, Blackman Justice, Washington, DC 20044–7611 or relating to the Consent Decree. Uhler, Clariant Corp., and Southwire by faxing or e-mailing a request to Tonia Comments should be addressed to the was docketed with the United States Fleetwood ([email protected]), Assistant Attorney General, District Court for the Middle District of fax no. (202) 514–0097, phone Environment and Natural Resources Georgia in the matter of United States v. confirmation number (202) 514–1547. In Division, P.O. Box 7611, U.S. American Cyanamid, et al., No. 1:02– requesting a copy from the Consent Department of Justice, Washington, DC. CV–109–1 (M.D. Ga.) (Docket No. 60). Decree Library, please refer to United 20044–7611, and should refer to United In that action, the United States seeks States v. American Cyanamid, et al., States v. American Cyanamid, et al., to recover from various Defendants, (M.D. Ga.) (Partial Consent Decree with (M.D. Ga.) (Partial Consent Decree with pursuant to Sections 107 and 113(g)(2) The Dial Corporation, DOJ Ref. No. 90– Brenntag Mid-South, Inc., PVS of the Comprehensive Environmental 11–3–07602), and enclose a check in the Chemical Solutions, and Winn-Dixie Response, Compensation, and Liability amount of $5.75 (25 cents per page Stores, Inc, DOJ Ref. No. 90–11–3– Act of 1980, as amended (‘‘CERCLA’’), reproduction cost) payable to the U.S. 07602). 42 U.S.C. 9607 and 9613(g)(2), the costs Treasury. incurred and to be incurred by the The Consent Decree may be examined United States in responding to the W. Benjamin Fisherow, at the Office of the United States release and/or threatened release of Deputy Chief, Environmental Enforcement Attorney, Middle District of Georgia, hazardous substances at and from the Section, Environment & Natural Resources Cherry St. Galleria, 4th Floor, 433 Stoller Chemical Company/Pelham Site Division. Cherry St., Macon, GA 31201 ((478) (‘‘Site’’) in Pelham, Mitchell County, [FR Doc. 03–28928 Filed 11–18–03; 8:45 am] 752–3511), and at EPA Region 4, Atlanta Georgia. BILLING CODE 4410–15–M Federal Center, 61 Forsyth Street, SW., Under the proposed Partial Consent Atlanta, Georgia 30303 (contact Decree, Defendants Blackman Uhler, Clariant Corp., and Southwire DEPARTMENT OF JUSTICE Elizabeth Davis, Esq. (404) 562–9696). During the public comment period, the collectively will pay $247,000 to the Notice of Lodging of Consent Decree Consent Decree may also be examined Hazardous Substances Superfund in Under the Comprehensive on the following Department of Justice reimbursement of the costs incurred by Environmental Response, Web site, http://www.usdoj.gov/enrd/ the United States at the site. Compensation and Liability Act open.html. A copy of the Partial The Department of Justice will receive (‘‘CERCLA’’) Consent Decree may also be obtained by for a period of thirty (30) days from the date of this publication comments mail from the Consent Decree Library, Consistent with Section 122(i) of relating to the Consent Decree. P.O. Box 7611 U.S. Department of CERCLA, 42 U.S.C. 9622(i), and 28 CFR Comments should be addressed to the Justice, Washington, DC 20044–7611 or 50.7, a Partial Consent Decree among Assistant Attorney General, the United States, Brenntag Mid-South, by faxing or e-mailing a request to Tonia Environment and Natural Resources Inc., PVS Chemical Solutions, and Fleetwood ([email protected]), Division, P.O. Box 7611, U.S. Winn-Dixie Stores, Inc. was docketed fax no. (202) 514–0097, phone Department of Justice, Washington, DC with the United States District Court for confirmation number (202) 514–1547. In 20044–7611, and should refer to United the Middle District of Georgia in the requesting a copy from the Consent States v. American Cyanamid, et al., matter of United States v. American Decree Library, please refer to United (M.D. Ga.) (Partial Consent Decree with Cyanamid, et al., No. 1:02–CV–109– States v. American Cyanamid, et al., Blackman Uhler, Clariant Corp., and 1(M.D. Ga.) (Docket No. 60). (M.D. Ga.) (Partial Consent Decree with Southwire, DOJ Ref. No. 90–11–3– In that action, the United States seeks Brenntag Mid-South, Inc., PVS 07602). to recover from various Defendants, Chemical Solutions, and Winn-Dixie The Consent Decree may be examined pursuant to Sections 107 and 113(g)(2) Stores, Inc, DOJ Ref. No. 90–11–3– at the Office of the United States of the Comprehensive Environmental 07602), and enclose a check in the Attorney, Middle District of Georgia, Response, Compensation, and Liability amount of $6.00 (25 cents per page Cherry St. Galleria, 4th Floor, 433

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Cherry St., Macon, GA 31201 ((478) asserted in the Complaint, Defendant per page reproduction cost) payable to 752–3511), and at EPA Region 4, Atlanta agrees to pay $152,206.00 of the United the U.S. Treasury. Federal Center, 61 Forsyth Street, SW., States’ past response costs and Robert E. Maher, Jr., Atlanta, Georgia 30303 (contact $50,703.00 of Idaho’s past response Elizabeth Davis, Esq. (404) 562–9696). Assistant Section Chief, Environmental costs. The remaining monies in the Enforcement Section, Environment and During the public comment period, the Estate, $25,323.00, will be retained by Natural Resources Division. Consent Decree may also be examined Defendant for probate and estate [FR Doc. 03–28931 Filed 11–18–03; 8:45 am] on the following Department of Justice administration expenses. Defendant also BILLING CODE 4410–15–M Web site http://www.usdoj.gov/enrd/ agrees to access by the United States open.html. A copy of the Partial and Idaho to the Sites, and to adjacent Consent Decree may also be obtained by property, and to construction of a DEPARTMENT OF JUSTICE mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of repository on Defendant’s property at the Stibnite Site where wastes from the Notice of Lodging of a Consent Decree Justice, Washington, DC 20044–7611 or Under the Comprehensive response actions will be deposited. In by faxing or e-mailing a request to Tonia Environmental Response, return for the commitments by Fleetwood ([email protected]), Compensation and Liability Act fax no. (202) 514–0097, phone Defendant, the United States grants confirmation number (202) 514–1547. In Defendant a covenant not to sue under Under 28 CFR 50.7 and 42 U.S.C. requesting a copy from the Consent CERCLA Sections 106 and 107(a), 42 9622(i), notice is hereby given that on Decree Library, please refer to United U.S.C. 9606 and 9607(a), relating to the October 2, 2003, a proposed Consent States v. American Cyanamid, et al., Sites, and Idaho grants Defendant a Decree in United States v. Metropolitan (M.D. Ga.) (Partial Consent Decree with covenant not to sue under CERCLA St. Louis Sewer District, et al., Civil Blackman Uhler, Clariant Corp., and Section 107(a) of 42 U.S.C. 9607(a), and Action No. 4: 03CV01625 ERW lodged Southwire, DOJ Ref. No. 90–11–3– Idaho Environmental Protection and with the United States District Court for 07602), and enclose a check in the Health Act, Idaho Code Section 39–101, the Eastern District of Missouri. In this action the United States sought amount of $6.50 (25 cents per page et seq., relating to the Sites. reproduction cost) payable to the U.S. response costs relating to response The Department of Justice will Treasury. actions by the Environmental Protection receive, for a period of thirty (30) days Agency (‘‘EPA’’) at the Great Lakes W. Benjamin Fisherow, from the date of this publication, Superfund Site in St. Louis, MO. The Deputy Chief, Environmental Enforcement comments relating to the Consent Site is a former drum reclamation Section, Environment & Natural Resources Decree. Comments should be addressed facility contaminated primarily with Division. to the Assistant Attorney General, lead and polychlorinated biphenyls [FR Doc. 03–28930 Filed 11–18–03; 8:45 am] Environment and Natural Resources (‘‘PCBs’’). The settling defendant, the BILLING CODE 4410–15–M Division, P.O. Box 7611, U.S. Metropolitan St. Louis Sewer District Department of Justice, Washington, D.C. (‘‘MSD’’) owns a portion of the Site property but did not participate in the DEPARTMENT OF JUSTICE 20044–7611, and should refer to United States and Idaho v. Estate of J.J. disposal of hazardous substances on the Notice of Lodging of Consent Decree Oberbillig, D.J. Ref. No. 90–11–3–06069/ property. In the proposed consent in Under the Comprehensive 3. decree MSD has agreed to reimburse EPA $230,000 in past response costs Environmental Response, The Consent Decree may be examined Compensation, and Liability Act and grant access and institutional at the Office of the United States controls on its property. Under 28 CFR 50.7, notice is hereby Attorney, 877 West Main Street, Suite The Department of Justice will receive given that on October 30, 2003, a 201, Boise, ID 83702 and at U.S. EPA for a period of thirty (30) days from the proposed Consent Decree in United Region X, 1200 Sixth Avenue, Seattle, date of this publication comments States and Idaho v. Estate of J.J. WA 98101. During the public comment relating to the Consent Decree. Oberbillig, Civil Action No. CV02–451– period, the Consent Decree may also be Comments should be addressed to the S–LMB was lodged with the United examined on the following Department Assistant Attorney General, States District Court for the District of of Justice Web site: http:// Environment and Natural Resources Idaho. www.usdoj.gov/enrd/open.html. Division, PO Box 7611, U.S. Department The United States and Idaho filed a of Justice, Washington, DC 20044–7611, A copy of the Consent Decree may civil action for injunctive relief and and should refer to U.S. v. Metropolitan also be obtained by mail from the recovery of response costs for cleaning St. Louis Sewer District Consent Decree, up the Stibnite Mine Site and Cinnabar Consent Decree Library, P.O. Box 7611, D.J. Ref. 90–11–3–07280/3. Mine Site in Valley County, Idaho (the U.S. Department of Justice, Washington, The Consent Decree may be examined ‘‘Sites’’) against the Estate of J.J. DC 20044–7611 or by faxing or e- at the Office of the United States Oberbillig (‘‘Defendant’’) in the District mailing a request to Tonia Fleetwood Attorney, Eastern District of Missouri, of Idaho on September 26, 2002. In this ([email protected]), fax no. 111 S. 10th Street, Room 20.333, St. action, the United States asserted claims (202) 514–0097, phone confirmation Louis, MO, 63102, (314) 539–2200 and under Sections 106(a) and 107 of the number (202) 514–1547. In requesting a at U.S. EPA Region VII, 901 N. 5th Comprehensive Environmental copy from the Consent Decree Library, Street, Kansas City, KS 66101, (913) Response, Compensation and Liability please enclose a check in the amount of 551–7471. During the public comment Act, (‘‘CERCLA’’), 42 U.S.C. 9606(a) and $10.25 (25 cents per page reproduction period, the Consent Decree may also be 9607, and Idaho asserted claims under cost) payable to the U.S. Treasury. If examined on the following Department Section 107(a) of CERCLA and Idaho requesting a copy of the Consent Decree of Justice Web site, http:// Code Sections 39–108, 39–4414. exclusive of Appendices, please enclose www.usdoj.gov/enrd/open.html. A copy Under the terms of the proposed a check in the amount of $7.75 (25 cents of the Consent Decree may also be Consent Decree settling the claims obtained by mail from the Consent

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Decree Library, PO Box 7611, U.S. 1:30 p.m. to 2:45 p.m. on December hereby given that two meetings of the Department of Justice, Washington, DC 12th, will be closed. Partnerships Advisory Panel (Regional 20044–7611 or by faxing or e-mailing a Arts Education: December 15–19, Partnership Agreements), to the request to Tonia Fleetwood 2003, Room 716 (Learning in the Arts National Council on the Arts will be ([email protected]), fax No. for Children and Youth, Panel D–Folk held by teleconference on December 10, (202) 514–0097, phone confirmation and Traditional Arts, Local Arts 2003 and on December 12, 2003. The number (202) 514–1547. In requesting a Agencies, Multidisciplinary, and first panel will meet from 2:30 p.m. to copy from the Consent Decree Library, Presenting). A portion of this meeting, 3:30 p.m. on December 10th and the please enclose a check in the amount of from 12:30 p.m. to 1:30 p.m. on second panel will meet from 12 p.m. to $7.25 (25 cents per page reproduction December 19th, will be open to the 1 p.m. on December 12th in Room 710 cost) payable to the U.S. Treasury. public for policy discussion. The at the Nancy Hanks Center, 1100 remaining portions of this meeting, from Pennsylvania Avenue, NW., Robert E. Maher, Jr., 9 a.m. to 6 p.m. on December 15th— Washington, DC, 20506. Assistant Chief, Environmental Enforcement 18th and from 9 a.m. to 12:30 p.m. and These meetings will be open to the Section, Environment and Natural Resources 1:30 p.m. to 3:30 p.m. on December Division. public. Topics will include review of 19th, will be closed. the Regional Partnership Agreement [FR Doc. 03–28925 Filed 11–18–03; 8:45 am] The closed meetings and portions of applications and discussion of BILLING CODE 4410–15–M meetings are for the purpose of Panel guidelines and policy issues. review, discussion, evaluation, and Any person may observe meetings, or recommendation on applications for portions thereof, of advisory panels NATIONAL FOUNDATION ON THE financial assistance under the National which are open to the public, and, if ARTS AND THE HUMANITIES Foundation on the Arts and the time allows, may be permitted to Humanities Act of 1965, as amended, participate in the panel’s discussions at National Endowment for the Arts; including information given in the discretion of the panel chairman. Combined Arts Advisory Panel confidence to the agency by grant If you need special accommodations Pursuant to Section 10(a)(2) of the applicants. In accordance with the due to a disability, please contact the Federal Advisory Committee Act (Public determination of the Chairman of April Office of AccessAbility, National Law 92–463), as amended, notice is 30, 2003, these sessions will be closed Endowment for the Arts, 1100 hereby given that four meetings of the to the public pursuant to subsection (c) Pennsylvania Avenue, NW., Combined Arts Advisory Panel to the (6) of 5 U.S.C. 552b. Washington, DC 20506, 202/682–5532, Any person may observe meetings, or National Council on the Arts will be TDY–TDD 202/682–5496, at least seven portions thereof, of advisory panels that held at the Nancy Hanks Center, 1100 (7) days prior to the meeting. are open to the public, and, if time Pennsylvania Avenue, NW, Washington, Further information with reference to allows, may be permitted to participate DC, 20506 as follows: this meeting can be obtained from Ms. in the panel’s discussions at the Theater/Musical Theater: December Kathy Plowitz-Worden, Office of discretion of the panel chairman and 2–5, 2003, Room 730 (Challenge Guidelines & Panel Operations, National with the approval of the full-time America/Access, Heritage and Endowment for the Arts, Washington, Federal employee in attendance. DC, 20506, or call 202/682–5691. Preservation categories). A portion of If you need special accommodations this meeting, from 3 p.m. to 4:30 p.m. due to a disability, please contact the Dated: November 14, 2003. on December 4th, will be open to the Office of AccessAbility, National Kathy Plowitz-Worden, public for policy discussion. The Endowment for the Arts, 1100 Panel Coordinator, Panel Operations, remaining portions of this meeting, from Pennsylvania Avenue, NW, Washington, National Endowment for the Arts. 9:30 a.m. to 6 p.m. on December 2nd, DC 20506, 202/682–5532, TDY–TDD [FR Doc. 03–28881 Filed 11–18–03; 8:45 am] from 9:30 a.m. to 6:30 p.m. on December 202/682–5496, at least seven (7) days BILLING CODE 7537–01–P 3rd, from 9:30 a.m. to 3 p.m. and from prior to the meeting. 4:30 p.m. to 6:30 p.m. on December 4th, Further information with reference to and from 10 a.m. to 4:30 p.m. on this meeting can be obtained from Ms. December 5th, will be closed. NUCLEAR REGULATORY Kathy Plowitz-Worden, Office of COMMISSION Literature: December 8–9, 2003, Room Guidelines & Panel Operations, National 714 (Challenge America/Access. Endowment for the Arts, Washington, Regulatory Guide; Issuance, Heritage & Preservation categories). A DC, 20506, or call 202/682–5691. Availability portion of this meeting, from 11 a.m. to 12 p.m. on December 9th, will be open Dated: November 13, 2003. The Nuclear Regulatory Commission to the public for policy discussion. The Kathy Plowitz-Worden, (NRC) has issued a revision of a guide remaining portions of this meeting, from Panel Coordinator, Panel Operations, in its Regulatory Guide Series. This 9 a.m. to 6 p.m. on December 8th, and National Endowment for the Arts. series has been developed to describe from 9 a.m. to 11 a.m. and 12 p.m. to [FR Doc. 03–28880 Filed 11–18–03; 8:45 am] and make available to the public such 4 p.m. on December 9th, will be closed. BILLING CODE 7537–01–P information as methods acceptable to Arts Education: December 8–12, 2003, the NRC staff for implementing specific Room 716 (Learning in the Arts for parts of the NRC’s regulations, Children and Youth, Panel C—Dance, NATIONAL FOUNDATION ON THE techniques used by the staff in its Multidisciplinary, Music and Opera). A ARTS AND THE HUMANITIES review of applications for permits and portion of this meeting, from 12:30 p.m. National Endowment for the Arts; licenses, and data needed by the NRC to 1:30 p.m. on December 12th, will be Partnerships Advisory Panel staff in its review of applications for open to the public for policy discussion. permits and licenses. The remaining portions of this meeting, Pursuant to Section 10(a)(2) of the Revision 3 of Regulatory Guide 1.82, from 9 a.m. to 6 p.m. on December 8th— Federal Advisory Committee Act (Public ‘‘Water Sources for Long-Term 11th and from 9 a.m. to 12:30 p.m. and Law 92–463), as amended, notice is Recirculation Cooling Following a Loss-

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of-Coolant Accident,’’ describes and Information Services, Washington, customer orders in covered securities. methods acceptable to the NRC staff for DC 20549. The Commission estimates that out of implementing regulatory requirements Extension: the currently 2678 broker-dealers that with respect to the sumps and Rule 11Ac1–5, SEC File No. 270–488, OMB are subject to the collection of suppression pools performing the Control No. 3235–0542 information obligations of Rule 11Ac1– functions of water sources for Rule 11Ac1–6, SEC File No. 270–489, OMB Control No. 3235–0541 6, clearing brokers bear a substantial emergency core cooling, containment portion of the burden of complying with heat removal, or containment Notice is hereby given that pursuant the reporting and recordkeeping atmosphere cleanup. The guide also to the Paperwork Reduction Act of 1995 requirements of Rule 11Ac1–6 on behalf provides guidelines for evaluating the (44 U.S.C. 3501 et seq.), the Securities of small to mid-sized introducing firms. adequacy of the availability of the sump and Exchange Commission There currently are approximately 330 and suppression pool for long-term (‘‘Commission’’) is soliciting comments clearing brokers. In addition, there are recirculation cooling following a loss-of- on the collections of information approximately 610 introducing brokers coolant accident. summarized below. The Commission that receive funds or securities from Comments and suggestions in plans to submit these existing their customers. Because at least some connection with items for inclusion in collections of information to the Office of these firms also may have greater guides currently being developed or of Management and Budget for involvement in determining where improvements in all published guides extension and approval. customer orders are routed for Rule 11Ac1–5 requires market centers are encouraged at any time. Written execution, they have been included, to make available to the public monthly comments may be submitted to the along with clearing brokers, in order execution reports in electronic Rules and Directives Branch, Division of estimating the total burden of Rule form. The Commission believes that Administrative Services, Office of 11Ac1–6. Administration, U.S. Nuclear Regulatory many market centers retain most, if not Commission, Washington, DC 20555. all, the underlying raw data necessary to The Commission staff estimates that Questions on the content of this guide generate these reports in electronic each firm significantly involved in order may be directed to Mr. T.Y. Chang, (301) format. Once the necessary data is routing practices incurs an average 415–6450; e-mail [email protected]. collected, market centers could either burden of 40 hours to prepare and Regulatory guides are available for program their systems to generate the disseminate a quarterly report required inspection or downloading at the NRC’s statistics and reports, or transfer the by Rule 11Ac1–6, or a burden of 160 Web site at http://www.nrc.gov under data to a service provider (such as an hours per year. With an estimated 940 Regulatory Guides and in NRC’s independent company in the business of broker-dealers significantly involved in Electronic Reading Room (ADAMS preparing such reports or a self- order routing practices, the total burden System) at the same site. Single copies regulatory organization (‘‘SRO’’)) that per year to comply with the quarterly of regulatory guides may be obtained would generate the statistics and reporting requirement in Rule 11Ac1–6 free of charge by writing the reports. is estimated to be 150,400 hours. Reproduction and Distribution Services The collection of information Rule 11Ac1–6 requires broker-dealers Section, U.S. Nuclear Regulatory obligations of Rule 11Ac1–5 apply to all to respond to individual customer Commission, Washington, DC 20555– market centers that receive covered requests for information on orders 0001, or by fax to (301) 415–2289, or by orders in national market system handled by the broker-dealer for that e-mail to [email protected]. Issued securities. The Commission estimates customer. Clearing brokers generally guides may also be purchased from the that approximately 367 market centers bear the burden of responding to these National Technical Information Service are subject to the collection of requests. The Commission staff (NTIS) on a standing order basis. Details information obligations of Rule 11Ac1– estimates that an average clearing broker on this service may be obtained by 5. Each of these respondents is required incurs an annual burden of 400 hours writing NTIS at 5285 Port Royal Road, to respond to the collection of (2000 responses × 0.2 hours/response) to Springfield, VA 22161; telephone 1– information on a monthly basis. prepare, disseminate, and retain 800–553–6847; http://www.ntis.gov. The Commission staff estimates that, responses to customers required by Rule Regulatory guides are not copyrighted, on average, Rule 11Ac1–5 causes 11Ac1–6. With an estimated 330 and Commission approval is not respondents to spend 6 hours per month clearing brokers subject to Rule 11Ac1– required to reproduce them. (5 U.S.C. in additional time to collect the data 6, the total burden per year to comply 552(a)) necessary to generate the reports, or 72 with the customer response requirement hours per year. With an estimated 367 in Rule 11Ac1–6 is estimated to be For the Nuclear Regulatory Commission. market centers subject to Rule 11Ac1–5, Dated at Rockville, MD this 5th day of 132,000 hours. the total data collection cost to comply November 2003. The collection of information with the monthly reporting requirement Ashok C. Thadani, obligations imposed by Rule 11Ac1–5 is estimated to be 26,424 hours per year. Director, Office of Nuclear Regulatory Rule 11Ac1–6 requires broker-dealers and Rule 11Ac1–6 are mandatory. The Research. to prepare and disseminate quarterly response will be available to the public [FR Doc. 03–28884 Filed 11–18–03; 8:45 am] order routing reports. Much of the and will not be kept confidential. An BILLING CODE 7590–01–P information needed to generate these agency may not conduct or sponsor, and reports already should be collected by a person is not required to comply with, broker-dealers in connection with their a collection of information unless it SECURITIES AND EXCHANGE periodic evaluations of their order displays a currently valid OMB control COMMISSION routing practices. Broker-dealers must number. General comments regarding the Submission for OMB Review; conduct such evaluations to fulfill the above information should be directed to Comment Request duty of best execution that they owe their customers. the following persons: (i) Desk Officer Upon Written Request, Copies The collection of information for the Securities and Exchange Available From: Securities and obligations of Rule 11Ac1–6 applies to Commission, Office of Information and Exchange Commission, Office of Filings broker-dealers that route non-directed Regulatory Affairs, Office of

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Management and Budget, Room 10102, annually. The average cost per hour is such action is as follows: (i) The New Executive Office building, approximately $85. Therefore, the total continuing costs to the Issuer of Washington, DC 20503; and (ii) Kenneth cost of compliance for broker-dealers is complying with the Exchange Act and A. Fogash, Acting Associate Executive $8,034,880. other obligations placed upon the Issuer Director/CIO, Office of Information Written comments are invited on: (a) the Exchange; (ii) the significant new Technology, Securities and Exchange Whether the proposed collection of costs that the Issuer would be obligated Commission, 450 Fifth Street, NW., information is necessary for the proper to incur to comply with certain of the Washington, DC 20549. Comments must performance of the functions of the recently-enacted provisions of the be submitted to OMB within 30 days of agency, including whether the Exchange Act, including the Sarbanes- this notice. information shall have practical utility; Oxley Act of 2002, and the resulting Dated: November 10, 2003. (b) the accuracy of the agency’s negative effect on the Issuer’s estimates of the burden of the proposed Margaret H. McFarland, profitability; (iii) the Issuer does not collection of information; (c) ways to seem to be enjoying the benefits of being Deputy Secretary. enhance the quality, utility, and clarity listed on the Exchange and being a [FR Doc. 03–28848 Filed 11–18–03; 8:45 am] of the information to be collected; and reporting company under the Exchange BILLING CODE 8010–01–P (d) ways to minimize the burden of the Act, which include access to capital, collection of information on potentially higher valuations through respondents, including through the use analyst coverage and institutional SECURITIES AND EXCHANGE of automated collection techniques or investor interest, ability to use equity as COMMISSION other forms of information technology. currency for acquisitions and a liquid Proposed Collection; Comment Consideration will be given to trading market, all of which perceived Request comments and suggestions submitted in benefits have either been not available writing within 60 days of this to the Issuer or only of limited Upon Written Request, Copies publication. availability or utility; (iv) the Available From: Securities and Please direct your written comments availability of an alternative to the Exchange Commission, Office of Filings to Kenneth A. Fogash, Acting Associate Exchange in the form of the Pink Sheets and Information Services, Washington, Executive Director/CIO, Office of quotation service; (v) the availability of DC 20549 Information Technology, Securities and an alternative to Exchange specialists in Extension: Exchange Commission, 450 5th Street, the form of market makers to facilitate Rule 11Ac1–3, SEC File No. 270–382, OMB NW, Washington, DC 20549. an orderly market for the Issuer’s shares; Control No. 3235–0435. Dated: November 13, 2003. and (vi) the ability of the Issuer, subject Notice is hereby given that pursuant Margaret H. McFarland, to the availability of adequate resources to the Paperwork Reduction Act of 1995 Deputy Secretary. and the Board continuing to believe that such programs are in or not opposed to (44 U.S.C. 3501 et seq.), the Securities [FR Doc. 03–28889 Filed 11–18–03; 8:45 am] the best interest of shareholders, to and Exchange Commission BILLING CODE 8010–01–P (‘‘Commission’’) is soliciting comments continue its share buy-back program on the collection of information and its dividend. summarized below. The Commission SECURITIES AND EXCHANGE The Issuer stated in its application that it has met the requirements of plans to submit this existing collection COMMISSION of information to the Office of Amex Rule 18 by complying with all Management and Budget for extension Issuer Delisting; Notice of Application applicable laws in the State of and approval. To Withdraw From Listing and Wisconsin, in which it is incorporated, • Rule 11Ac1–3 Customer account Registration on the American Stock and with the Amex’s rules governing an statements Exchange LLC (The Ziegler issuer’s voluntary withdrawal of a Rule 11Ac1–3, 17 CFR 240.11Ac1–3, Companies, Inc., Common Stock, $1.00 security from listing and registration. under the Securities Exchange Act of Par Value) File No. 1–10854 The Issuer’s application relates solely 1934 requires disclosure on each new to the withdrawal of the Securities from account and on a yearly basis thereafter, November 13, 2003. listing on the Amex and from on the annual statement, the firm’s The Ziegler Companies, Inc., a registration under Section 12(b) of the policies regarding receipt of payment for Wisconsin corporation (‘‘Issuer’’), has Act 3 shall not affect its obligation to be order flow from any market makers, filed an application with the Securities registered under Section 12(g) of the exchanges or exchange members to and Exchange Commission Act.4 which it routes customers’ order in (‘‘Commission’’), pursuant to Section Any interested person may, on or national market system securities for 12(d) of the Securities Exchange Act of before December 8, 2003, submit by execution; and information regarding 1934 (‘‘Act’’)1 and Rule 12d2–2(d) letter to the Secretary of the Securities the aggregate amount of monetary thereunder,2 to withdraw its Common and Exchange Commission, 450 Fifth payments, discounts, rebates or Stock, $1.00 par value (‘‘Security’’), Street, NW., Washington, DC 20549– reduction in fees received by the firm from listing and registration on the 0609, facts bearing upon whether the over the past year. American Stock Exchange LLC (‘‘Amex’’ application has been made in It is estimated that there are or ‘‘Exchange’’). accordance with the rules of the Amex approximately 6,752 registered broker- The Board of Directors (‘‘Board’’) of and what terms, if any, should be dealers.1 The staff estimates that the the Issuer unanimously approved a imposed by the Commission for the average number of hours necessary for resolution on October 28, 2003 to protection of investors. The each broker-dealer to comply with Rule withdraw the Issuer’s Security from Commission, based on the information 11Ac1–3 is fourteen hours annually. listing on the Amex. The Board of the submitted to it, will issue an order Thus, the total burden is 94,528 hours Issuer states that the reasons it is taking granting the application after the date

1 This estimate is based on FYE 2002 Focus 1 15 U.S.C. 78l(d). 3 15 U.S.C. 781(b). Reports received by the Commission. 2 17 CFR 240.12d2–2(d). 4 15 U.S.C. 781(g).

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mentioned above, unless the shares of the Equity Growth Account of transact life insurance and annuity Commission determines to order a Principal Fund for shares of the Putnam business in all of the United States and hearing on the matter. VT Vista Fund of Putnam Trust. The the District of Columbia. For the Commission, by the Division of shares are currently held by VL Separate 2. VL Separate Account was Market Regulation, pursuant to delegated Account and Separate Account B. established in 1987 by Principal Life as authority.5 FILING DATE: The application was filed a separate account under Iowa law for Jonathan G. Katz, on April 18, 2003, and amended on the purpose of funding variable life Secretary. November 10, 2003. contracts issued by Principal Life (File [FR Doc. 03–28890 Filed 11–18–03; 8:45 am] HEARING OR NOTIFICATION OF HEARING: No. 811–05118). Separate Account B BILLING CODE 8010–01–P An order granting the application will was established in 1970 by Principal be issued unless the SEC orders a Life as a separate account under Iowa hearing. Interested persons may request law for the purpose of funding variable SECURITIES AND EXCHANGE a hearing by writing to the SEC’s annuity contracts issued by Principal COMMISSION Secretary and serving Applicants with a Life (File No. 811–02091). copy of the request, personally or by 3. There are nine variable insurance [Release No. IC–26253; File No. 812–12962] mail. Hearing requests should be contracts affected by the application received by the SEC by 5:30 on Principal Life Insurance Company, et (the ‘‘Contracts’’). Six of the Contracts al., Notice of Application December 4, 2003 and should be accompanied by proof of service on are flexible premium variable life Applicants, in the form of an affidavit insurance policies (collectively, the ‘‘VL November 13, 2003. Contracts’’); three are variable annuity AGENCY: or, for lawyers, a certificate of service. Securities and Exchange contracts, two individual deferred Commission (‘‘SEC’’ or ‘‘Commission’’). Hearing requests should state the nature of the writer’s interest, the reason for the contracts and one group annuity ACTION: Notice of application for an contract (collectively, the ‘‘VA order pursuant to section 26(c) of the request, and the issues contested. Persons who wish to be notified of a Contracts’’). Purchase payments for the Investment Company Act of 1940 (the VL Contracts are allocated to VL ‘‘Act’’) approving the substitution of hearing may request notification by writing to the SEC’s Secretary. Separate Account. Purchase payments securities. for the VA Contracts are allocated to ADDRESSES: Secretary, SEC, 450 5th Separate Account B. APPLICANTS: Principal Life Insurance Street, NW., Washington, DC 20549. Company (‘‘Principal Life’’), Principal Applicants, c/o John W. Blouch, Esq., 4. Purchase payments for the Life Insurance Company Variable Life Jones & Blouch LLP, 1025 Thomas Contracts are allocated to one or more VL Separate Account (‘‘VL Separate Jefferson Street, NW., Washington, DC subaccounts (‘‘Divisions’’) of VL Account’’), and Principal Life Insurance 20007–5254; copy to Michael D. Separate Account or Separate Account Company Separate Account B Roughton, Esq., Principal Financial B. Each Division invests in shares of an (‘‘Separate Account B’’). Group, Inc., 711 High Street, Des underlying mutual fund (‘‘Underlying SUMMARY OF APPLICATION: Applicants Moines, Iowa 50392–0200. Fund’’), including Principal Fund, an seek an order to permit, under the FOR FURTHER INFORMATION CONTACT: open-end management investment specific circumstances identified in the Rebecca A. Marquigny, Senior Counsel, company registered under the Act (File application, the substitution of shares of or Zandra Y. Bailes, Branch Chief, Nos. 811–1944 and 002–35570), and the LargeCap Growth Equity Account of Office of Insurance Products, Division of Putnam Trust, an open-end management Principal Variable Contracts Fund, Inc. Investment Management, at (202) 942– investment company registered under (‘‘Principal Fund’’) for shares of the 0670. the Act (File Nos. 811–05346 and 033– 17486). The Contracts permit transfers LargeCap Growth Account of Principal SUPPLEMENTARY INFORMATION: Following of accumulated value from one Division Fund; shares of the LargeCap Stock is a summary of the application; the to another. Index Account of Principal Fund for complete application is available for a shares of the Blue Chip Account of fee from the SEC’s Public Reference 5. The following table (i) identifies Principal Fund; shares of the MidCap Branch, 450 Fifth Street, NW., each Contract affected by the Growth Account of Principal Fund for Washington, DC 20549–0102 (telephone application, (ii) sets forth the total shares of the MidCap Growth Equity (202) 942–8090). number of Divisions available under Account of Principal Fund; shares of the each Contract and the number of those Asset Allocation Account of Principal Applicants’ Representations Divisions that invest in either the Fund for shares of the Putnam VT 1. Principal Life is a stock life Principal Fund or the Putnam Trust, Global Asset Allocation Fund of Putnam insurance company organized under the and (iii) summarizes the transfer rights Variable Trust (‘‘Putnam Trust’’); and laws of Iowa in 1879. It is authorized to under each Contract.

Divisions Transfers Contracts/File Nos. Total Principal Putnam Minimum fund trust amount Fee

VL Contracts: Flex Variable Life (File No. 33Ð13481) ...... 49 27 3 $250 1 $25 Prinflex Life (File No. 333Ð00101) ...... 49 27 3 100 None Survivorship Variable Life (File No. 333Ð71521) ...... 49 27 3 100 None Principal Variable Universal Life Accumulator (File No. 333Ð65690) ...... 49 27 3 100 None Principal Executive Variable Universal Minimum Life (File No. 333Ð81714) ... 73 21 0 (3) None Principal Benefit Variable Universal Minimum Life (File No. 333Ð89446) ...... 73 21 0 (3) None

5 17 CFR 200.30–3(a)(1).

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Divisions Transfers Contracts/File Nos. Total Principal Putnam Minimum fund trust amount Fee

VA Contracts: Flexible Variable Annuity (File No. 33Ð74232) ...... 42 27 0 100 2 30 Freedom Variable Annuity (File No. 333Ð63401) ...... 17 15 0 50 None Premier Variable Annuity (File No. 33Ð44670) ...... 25 25 0 (3) None 1 Imposed on each transfer exceeding four per policy year. 2 Imposed on each transfer exceeding twelve per policy year. 3 No minimum.

6. The only Divisions affected by the following table. Each of those Divisions Account or the Putnam Trust Fund as application are those identified in the invests solely in the Principal Fund indicated in this table.

Division of each of VL separate account and separate account B Principal fund

LargeCap Growth ...... LargeCap Growth Account LargeCap Growth Equity ...... LargeCap Growth Equity Account Blue Chip 4 ...... Blue Chip Account LargeCap Stock Index ...... LargeCap Stock Index Account MidCap Growth Equity ...... MidCap Growth Equity Account MidCap Growth ...... MidCap Growth Account Asset Allocation ...... Asset Allocation Account Equity Growth ...... Equity Growth Account

Putnam Trust

Putnam VT Global Asset Allocation ...... Putnam VT Global Asset Allocation Fund Putnam VT Vista ...... Putnam VT Vista Fund 4 Separate Account B has a Blue Chip Division; VL Separate Account does not have a Blue Chip Division.

The Principal Fund Accounts and the referred to herein collectively as the Act’’) and an indirect, wholly-owned Putnam Trust Funds indicated in the ‘‘Funds.’’ subsidiary of Principal Financial Group, table above are referred to herein 7. Principal Funds are managed by Inc. The following table identifies the collectively as the ‘‘Principal Funds’’ Principal Management Corporation sub-adviser for each of the Principal and the ‘‘Putnam Funds,’’ respectively. (‘‘PMC’’), a registered investment Funds and indicates its affiliation, if Principal Funds and Putnam Funds are adviser under the Investment Advisers any, with Principal Financial Group, Act of 1940, as amended (‘‘Advisers Inc.

Fund Sub-adviser

LargeCap Growth Account ...... Janus Capital Management LLC (‘‘Janus’’), a registered investment adviser under the Advisers Act (File No. 801Ð13991). LargeCap Growth Equity Account ...... Putnam Investment Management LLC (‘‘Putnam’’), a registered investment adviser under the Advis- ers Act (File No. 801Ð7974). Blue Chip Account ...... Principal Global Investors, LLC (‘‘PGI’’), an indirect, wholly-owned subsidiary of Principal Life and a registered investment adviser under the Advisers Act (File No. 801Ð55959) LargeCap Stock Index Account ...... PGI. MidCap Growth Equity Account ...... Turner Investment Partners, Inc. (‘‘Turner’’), a registered investment adviser under the Advisers Act (File No. 801Ð36220). MidCap Growth Account ...... The Dreyfus Service Corporation (‘‘Dreyfus’’), a registered investment adviser under the Advisers Act (File No. 801Ð54739). Asset Allocation Account ...... Morgan Stanley Investment Management, Inc. (‘‘Morgan Stanley’’), a registered investment adviser under the Advisers Act (File No. 801Ð15757). Equity Growth Account ...... Morgan Stanley.

8. Putnam Funds are managed by 9. Applicants seek an order permitting Putnam. each the following substitutions (‘‘Substitutions’’):

Substitution Replaced fund/sub-adviser Substituted fund/sub-adviser

One ...... LargeCap Growth Account (Janus) ...... LargeCap Growth Equity Account (Putnam). Two ...... Blue Chip Account (PGI) ...... LargeCap Stock Index Account (PGI). Three ...... MidCap Growth Equity Account (Turner) ...... MidCap Growth Account (Dreyfus). Four ...... Putnam VT Global Asset Allocation Fund Account (Put- Asset Allocation (Morgan Stanley). nam).

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Substitution Replaced fund/sub-adviser Substituted fund/sub-adviser

Five ...... Putnam VT Vista Fund (Putnam) ...... Equity Growth Account (Morgan Stanley)

10. The investment objective of common stocks of companies that foreign fixed income securities. The LargeCap Growth Account (‘‘LargeCap compose the S&P 500 Index, an investment objective of Asset Allocation Growth’’) is to seek long-term growth of unmanaged index of 500 common Account (‘‘AAA’’) is to generate a total capital. It invests primarily in equity stocks chosen to reflect the industries of investment return consistent with securities of growth companies. Under the U.S. economy. Applicants believe preservation of capital. AAA invests in normal market conditions, LargeCap that the substitution will serve the a wide variety of equity and fixed- Growth invests at least 80% of its assets interest of owners of the contracts income securities of both U.S. and in equity securities of companies with because it will provide those owners foreign issuers of any size. AAA invests large market capitalizations (those with with an investment option that is in growth and value stocks of domestic market capitalizations similar to comparable in terms of pursuing long- and foreign corporations and in companies in the Russell 1000 Growth term investment goals and has a lower domestic fixed-income securities and Index) at the time of purchase. (The expense ratio. may invest in foreign fixed-income market capitalization of companies 12. The investment objective of securities. Applicants believe that the included in the Russell 1000 Growth MidCap Growth Equity Account substitution will serve the interest of Index as of June 30, 2003, ranged (‘‘MCGE’’) is to seek long-term growth of owners of the contracts because it will approximately from $1.3 billion to $310 capital by investing primarily in provide those owners with an billion.) The Account may invest up to medium capitalization U.S. companies investment option that is comparable in 25% of its assets in securities of foreign with strong earnings growth potential. terms of pursuing long-term investment companies. The investment objective of Under normal market conditions, MCGE goals and has a lower expense ratio. LargeCap Growth Equity Account invests at least 80% of its assets in 14. The investment objective of (‘‘LCGE’’) is to seek long-term growth of common stocks of companies with Putnam VT Vista Fund (‘‘Vista’’) is to capital. It invests primarily in common medium market capitalizations (those seek capital appreciation. Vista invests stocks of U.S. companies, with a focus with market capitalizations similar to mainly in common stocks of U.S. on growth stocks. Under normal market companies in the Russell MidCap companies, with a focus on growth conditions, LCGE invests at least 80% of Growth Index) at the time of purchase. stocks. Vista invests mainly in mid- its assets in common stocks of (The market capitalization of companies sized companies. The Fund uses the companies with large market included in the Russell MidCap Growth Russell MidCap Growth Index for capitalizations (those with market Index as of June 30, 2003 ranged comparison purposes. The investment capitalizations similar to companies in approximately from $1.3 billion to $10.8 objective of Equity Growth Account the Russell 1000 Growth Index) at the billion.) MCGE may invest up to 10% of (‘‘Equity Growth’’) is to provide long- time of purchase. LCGE may invest up its assets in securities of foreign issuers. term capital appreciation by investing to 25% of its assets in securities of The investment objective of MidCap primarily in equity securities. Equity foreign issuers. Applicants believe that Growth Account (‘‘MidCap Growth’’) is Growth seeks to maximize long-term the substitution will serve the interests to seek long-term growth of capital. capital appreciation by investing of the owners of the contracts because Under normal market conditions, primarily in growth-oriented equity it will permit them to continue to MidCap Growth invests at least 80% of securities of U.S. and, to a limited pursue their current investment its assets in common stocks of extent, foreign companies that are listed objective (long-term growth of capital) companies with medium market on U.S. exchanges or traded in U.S. through investments in the same kinds capitalizations (those with market markets. It invests at least 80% of its of securities while paying a lower capitalizations similar to companies in assets in equity securities and invests advisory fee and lower overall expense the Russell MidCap Growth Index) at primarily in companies with market ratio. the time of purchase. MidCap Growth capitalizations of $10 billion or more. 11. The investment objective of Blue may invest up to 10% of its assets in Although Equity Growth may invest up Chip Account (‘‘BC Account’’) is to seek securities of foreign issuers. Applicants to 25% of its assets in investments in long-term growth of capital. BC Account believe that the substitution will serve foreign companies that are traded in invests primarily by investing in the interests of owners of the contracts foreign markets, it is considered to be a common stocks of well-established large because it will provide those owners domestic stock fund and, therefore, will capitalization companies. Under normal with an investment option that is generally limit its foreign stock holdings market conditions, BC Account invests comparable in terms of pursuing long- to 10% of its assets and generally at least 80% of its assets in common term investment goals and has a lower invests only in securities of foreign stocks of companies with large market expense ratio. companies that are traded in the U.S. capitalizations (similar to companies in 13. The investment objective of Applicants represent that the the S&P 500 Index) at the time of Putnam VT Global Asset Allocation substitution will serve the interest of purchase. Blue chip companies have Fund (‘‘Putnam GAAF’’) is to seek a owners of the contracts because it will market capitalizations of at least $1 high level of long-term total return provide those owners with an billion. BC Account may invest up to consistent with preservation of capital. investment option that is comparable in 20% of its Account assets in foreign Putnam GAAF invests in a wide variety terms of pursuing long-term investment securities. The investment objective of of equity and fixed-income securities of goals and has a lower expense ratio. LargeCap Stock Index Account (‘‘LCSI’’) both U.S. and foreign issuers of any size. 15. The annual operating expenses of is to seek long-term growth of capital. Putnam GAAF invests in growth and each replaced fund and each Under normal market conditions, LCSI value stocks of domestic and foreign substituting fund as a percentage of invests at least 80% of its assets in corporations and in domestic and average daily net assets are as follows:

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[In percent]

Total ex- Total ex- penses penses Distribution (before re- (after fee Manage- and serv- Other ex- imburse- waivers ment fee ice fee penses ment and/ and/or re- (12bÐ1) or fee imburse- waivers if ment if ap- applicable) plicable)

Replaced Fund: LargeCap Growth ...... 1.10 N/A 0.04 1.14 1.14 Substituting Fund: LCGE ...... 1.00 N/A 0.09 1.09 1.09 Replaced Fund: BC Account ...... 0.60 N/A 0.23 0.83 0.83 Substituting Fund: LCSI ...... 0.35 N/A 0.04 0.39 0.39 Replaced Fund: MCGE ...... 1.00 N/A 0.13 1.13 1.10 Substituting Fund: MidCap Growth ...... 0.90 N/A 0.02 0.92 0.92 Replaced Fund: Putnam GAAF ...... 0.67 0.25 0.17 1.09 1.09 Substituting Fund: AAA ...... 0.80 N/A 0.04 0.84 0.84 Replaced Fund: Vista ...... 0.61 0.25 0.06 0.92 0.92 Substituting Fund: Equity Growth ...... 0.75 N/A 0.02 0.77 0.77 Note: The expenses shown above are for the year ended December 31, 2002.

16. Applicants represent that the Contract for that fiscal period, exceed May 1, 2003. The post-effective Substitutions will take place at the the sum of: the annualized rate of the amendments mailed to contractowners relative net asset values determined on corresponding Replaced Fund’s total gave them notice of each of the the date of the Substitution in operating expenses, as a percentage of Substitutions and described the reasons accordance with section 22 of the Act such replaced Fund’s average daily net for engaging in each of the and Rule 22c–1 thereunder. Applicants assets, for the twelve months ended Substitutions. The post-effective represent that there will be no financial December 31, 2002; plus the annual rate amendments also informed existing impact to any contractowner. of any asset-based charges (excluding contractowners that no amounts may be 17. Each of the Substitutions will be any such charges that are for premium transferred to the Replaced Funds on or effected by having each Division that taxes) deducted under that Contract for after May 19, 2003. In addition, the invests in a Replaced Fund redeem its such twelve months; and (b) for each post-effective amendments informed shares of that fund for cash at the net fiscal period (not to exceed a fiscal affected contractowners that they will asset value calculated on the date of the quarter) during the 24 months following have an opportunity to reallocate Substitution and purchase shares of the the date of Substitution into LCGE and accumulation value prior to each Substituted Fund for cash at net asset MidCap Growth, Principal Life will, Substitution or for 60 days after each value on the same date. In connection with respect to all Contracts outstanding Substitution (‘‘Free Transfer Right’’) with the completion of each of the on the date of the Substitution, adjust from each Division investing in a Substitutions, Principal Life will the Contract values invested in the Replaced Fund to another Division withdraw its seed money from each of Substituted Fund, to the extent available under the Contracts, without the Principal Funds in which it has seed necessary to effectively reimburse the the imposition of any transfer charge or money (LargeCap Growth, BC Account, owners of those Contracts for their limitation and without counting the and MCGE) and terminate those funds. proportionate share of any amount by transfer as one of the annual free In addition, Principal Life will combine which the annual rate of the Substituted transfers. each Division of each of the Separate Fund’s total operating expenses (after 20. Each contractowner has been Accounts that invests in a Replaced any expense waivers or provided a prospectus for each of the Fund with the Division of that Separate reimbursements) for that fiscal period, Substituted Funds. Applicants represent Account that invests in the Substituted as a percentage of the Fund’s average that, within five days after a Fund. daily net assets, plus the annual rate of Substitution, Principal Life will send to 18. Applicants agree that: (a) For each any asset-based charges (excluding any affected contractowners written fiscal period (not to exceed a fiscal such charges that are for premium taxes) confirmation that the Substitution has quarter) during the 24 months following deducted under the terms of the owner’s occurred. the date of Substitution into LCSI, AAA Contract for that fiscal period, exceed 21. Applicants represent that the cost and Equity Growth, Principal Life will the sum of: the annualized rate of the of each of the Substitutions, including adjust the Contract values invested in corresponding Replaced Fund’s total legal, accounting, brokerage the Substituted Fund as a result of the operating expenses, as a percentage of commissions and other fees and Substitution, to the extent necessary to such replaced Fund’s average daily net expenses, will be borne by Principal effectively reimburse the affected assets, for the twelve months ended Life and will not be borne by the Funds owners for their proportionate share of December 31, 2002; plus the annual rate or the contractowners either directly or any amount by which the annual rate of of any asset-based charges (excluding indirectly. Applicants represent that the Substituted Fund’s total operating any such charges that are for premium each of the Substitutions will have no expenses (after any expense waivers or taxes) deducted under that Contract for impact on the insurance benefits that reimbursements) for that fiscal period, such twelve months. Principal Life is obligated to provide as a percentage of the Fund’s average 19. Applicants represent that each of under the Contracts or on the other daily net assets, plus the annual rate of the Substitutions has been described in rights of contractowners and other any asset-based charges (excluding any the annual post-effective amendments to obligations of Principal Life under the such charges that are for premium taxes) the registration statements for the Contracts. Applicants represent that deducted under the terms of the owner’s Contracts which became effective on each of the Substitutions will not cause

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the fees and charges under the Contracts capitalizations within an equivalent without the imposition of any transfer currently being paid by contractowners large market capitalization range. or similar charge and with no change in to be greater after the Substitution than (2) BC Account seeks long-term the amount of any contractowner’s before the Substitution. Applicants also growth of capital and growth of income accumulation value under the Contracts. represent that each of the Substitutions primarily by investing in common (e) The Substitutions will not cause will not have a tax impact on stocks of well established large the fees and charges under the Contracts contractowners. capitalization companies (similar to currently being paid by contractowners companies in the S&P 500 Index), and to be greater after the Substitutions than Applicants’ Legal Analysis LCSI seeks long-term growth of capital before the Substitutions. 1. Applicants request an order by investing primarily in common (f) Within five days after a pursuant to section 26(c) of the Act stocks of companies that compose the Substitution, Principal Life will send to approving each of the Substitutions. S&P 500 Index. LCSI, with its emphasis contractowners written confirmation Section 26(c) of the Act makes it of investing in companies that are that the Substitution has occurred. unlawful for any depositor or trustee of components of the S&P 500 Index, will (g) The Substitutions will have no a registered unit investment trust afford shareholders of BC Account an impact on the insurance benefits that holding the security of a single issuer to opportunity for continued investment Principal Life is obligated to provide substitute another security for such exposure to the kinds of companies in under the Contracts or on the other security unless the Commission which BC Account may invest. rights of contractowners and other approves the substitution. The (3) Both MidCap Growth and MCGE obligations of Principal Life under the Commission will approve such a seek long-term growth of capital Contracts. substitution if the evidence establishes primarily by investing in common (h) The Substitutions will in no way that it is consistent with the protection stocks of companies with medium alter the tax benefits to contractowners. of investors and the purposes fairly market capitalizations. MidCap Growth, (j) For each fiscal period (not to intended by the policy and provisions of with its emphasis on investing in exceed a fiscal quarter) during the 24 the Act. companies with medium market months following the date of 2. Applicants assert that the purposes, capitalizations, will afford shareholders Substitution into LCSI, AAA and Equity terms and conditions of each of the of MCGE an opportunity for continued Growth, Principal Life will adjust the Substitutions are consistent with the investment exposure to companies Contract values invested in the principles and purposes of section 26(c) within the same medium market Substituted Fund as a result of the and do not entail any of the abuses that capitalization range. Substitution, to the extent necessary to section 26(c) is designed to prevent. (4) Both AAA and Putnam GAAF seek effectively reimburse the affected Substitution is an appropriate solution a high long-term return consistent with owners for their proportionate share of to the lack of contractowner interest in preservation of capital. AAA, with its any amount by which the annual rate of and higher relative expense of the emphasis on investing in equity and the Substituted Fund’s total operating Replaced Funds. Applicants represent fixed-income securities of domestic and expenses (after any expense waivers or that they do not expect that any foreign issuers, will afford shareholders reimbursements) for that fiscal period, Substitution will have a significant of Putnam GAAF an opportunity for as a percentage of the Fund’s average impact on the expense ratio of the continued investment exposure to daily net assets, plus the annual rate of Substituted Fund and believe that equity and fixed-income securities of any asset-based charges (excluding any because of lower expense ratios each domestic and foreign issuers. such charges that are for premium taxes) Substituted Fund will serve (5) Both Equity Growth and Vista seek deducted under the terms of the owner’s contractowner interests better than the capital appreciation by investing Contract for that fiscal period, exceed current fund Applicants seek to replace. primarily in growth stocks of U.S. the sum of: The annualized rate of the Moreover, Principal Life has reserved companies. Equity Growth, with its corresponding Replaced Fund’s total the right to effect substitutions in the emphasis on investing in growth- operating expenses, as a percentage of Contracts and disclosed this reserved oriented equity securities of U.S. such Replaced Fund’s average daily net right in the prospectuses for the companies, will afford shareholders of assets, for the twelve months ended Contracts. Vista an opportunity for continued December 31, 2002; plus the annual rate 3. Applicants represent that each of investment exposure to growth stocks of of any asset-based charges (excluding the Substitutions will not result in the domestic corporations. any such charges that are for premium type of costly forced redemption that (b) The contractowners will have taxes) deducted under that Contract for section 26(c) was intended to guard ample opportunity to consider their such twelve months; and against and, for the following reasons, is investment options because they will be (k) For each fiscal period (not to consistent with the protection of given notice prior to the Substitutions exceed a fiscal quarter) during the 24 investors and the purposes fairly and will have an opportunity to months following the date of intended by the Act: reallocate accumulation value among Substitution into LCGE and MidCap (a) Each of the proposed Substitutions other available Divisions without the Growth, Principal Life will, with respect permits contractowners continuity of imposition of any transfer charge or to all Contracts outstanding on the date investment objectives and expectations. limitation as a result of the Free of the Substitution, adjust the Contract (1) Both LCGE and LargeCap Growth Transfer Right. values invested in the Substituted Fund, seek long term growth of capital (c) The costs of each of the to the extent necessary to effectively primarily by investing in common Substitutions, including legal, reimburse the owners of those Contracts stocks of companies with large market accounting, brokerage commissions and for their proportionate share of any capitalizations. LCGE, with its emphasis other fees and expenses, will be borne amount by which the annual rate of the on investing in companies with large by Principal Life and will not be borne Substituted Fund’s total operating market capitalizations, will afford by the Funds or the contractowners expenses (after any expense waivers or shareholders of LargeCap Growth an directly or indirectly. reimbursements ) for that fiscal period, opportunity for continued investment (d) Each Substitution will be at net as a percentage of the Fund’s average exposure to companies with market asset values of the respective shares, daily net assets, plus the annual rate of

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any asset-based charges (excluding any provisions of the Act and rules undermined by Allegheny’s current such charges that are for premium taxes) promulgated under the Act. All financial status. At the time of the LTIP deducted under the terms of the owner’s interested persons are referred to the Order, the criteria of rule 53 under the Contract for that fiscal period, exceed application(s) and/or declaration(s) for Act were satisfied by Allegheny, and, the sum of: The annualized rate of the complete statements of the proposed therefore, the Commission did not corresponding Replaced Fund’s total transaction(s) summarized below. The consider the effect of capitalization or operating expenses, as a percentage of application(s) and/or declaration(s) and earnings of any Allegheny exempt such replaced Fund’s average daily net any amendment(s) is/are available for wholesale generator (‘‘EWG’’) or foreign assets, for the twelve months ended public inspection through the utility company (‘‘FUCO’’) in granting December 31, 2002; plus the annual rate Commission’s Branch of Public its authorization. Allegheny no longer of any asset-based charges (excluding Reference. satisfies certain of the standards set any such charges that are for premium Interested persons wishing to forth in rule 53. Specifically, taxes) deducted under that Contract for comment or request a hearing on the Allegheny’s increased level of such twelve months. application(s) and/or declaration(s) investments in EWGs and FUCOs, as 4. Applicants request an order of the should submit their views in writing by described below, was conditioned on Commission pursuant to section 26(c) of December 8, 2003, to the Secretary, compliance with certain financing the Act approving each of the Securities and Exchange Commission, requirements that are currently not Substitutions. Section 26(c), in pertinent Washington, DC 20549–0609, and serve satisfied. Also, Allegheny’s consolidated part, provides that the Commission shall a copy on the relevant applicant(s) and/ retained earnings have decreased over issue an order approving a substitution or declarant(s) at the address(es) the four most recent quarterly periods, of securities if the evidence establishes specified below. Proof of service (by and Allegheny has reported operating that it is consistent with the protection affidavit or, in the case of an attorney at losses attributable to EWG and FUCO of investors and the purposes fairly law, by certificate) should be filed with investments in excess of the limitations intended by the policy and provisions of the request. Any request for hearing set forth in rule 53(b). the Act. should identify specifically the issues of Allegheny, therefore, seeks authority facts or law that are disputed. A person to continue issuing Common Stock Conclusion who so requests will be notified of any under the LTIP. Allegheny requests that Section 6(c) of the Act, in pertinent hearing, if ordered, and will receive a the Commission authorize it to issue up part, provides that the Commission, by copy of any notice or order issued in the to 8 million shares of Common Stock order upon application, may matter. After December 8, 2003, the (decreased from 10 million) under the conditionally or unconditionally application(s) and/or declaration(s), as LTIP through December 31, 2010. The exempt any persons, security or filed or as amended, may be granted stock would be issued according to the transaction, or any class or classes of and/or permitted to become effective. same terms and conditions set forth in the LTIP Order. As explained in that persons, securities or transactions, from Allegheny Energy, Inc. (70–10179) any provision or provisions of the Act, order, the LTIP was adopted by or any rule or regulation thereunder, to Allegheny Energy, Inc. (‘‘Allegheny’’), Allegheny in 1998 to attract and retain the extent that such exemption is a registered holding company, 10435 key employees and directors and necessary or appropriate in the public Downsville Pike, Hagerstown, Maryland motivate performance. interest and consistent with the 21740, has filed an application- I. Description of the LTIP protection of investors and the purposes declaration (‘‘Application’’) under The LTIP is administered by the fairly intended by the policy and sections 6(a), 7, 9, and 12(e) of the Act and rule 54 under the Act. Management Compensation and provisions of the Act. Applicants submit Development Committee that, for the reasons stated in the Allegheny seeks authority to issue common stock and options to purchase (‘‘Committee’’), which may delegate to application, their exemptive requests an executive officer the power to meet the standards set out in Section common stock under Allegheny’s Long- Term Incentive Plan (‘‘LTIP’’). determine the employees (other than 6(c) and that an order should, therefore, himself or herself) eligible to receive be granted. Allegheny was previously authorized by order dated May 29, 1998 (Holding Co. awards. The Committee may from time For the Commission, by the Division of Act Release No. 26879), (‘‘LTIP Order’’) to time designate key employees and Investment Management, pursuant to to issue and sell, through December 31, directors to participate in the LTIP for delegated authority. 2010, up to 10 million shares of its a particular year. As approved in the Margaret H. McFarland, common stock, par value $1.25 per LTIP Order, the LTIP authorizes Deputy Secretary. share (‘‘Common Stock’’), under the Allegheny to issue up to 10 million [FR Doc. 03–28849 Filed 11–18–03; 8:45 am] LTIP. shares of Common Stock, subject to BILLING CODE 8010–01–P Although the LTIP has not materially adjustments for recapitalizations or changed since it was approved by the other changes to Allegheny’s common Commission,1 the authorization to issue shares. In this Application, Allegheny SECURITIES AND EXCHANGE stock under the Plan has been requests authority to issue up to 8 COMMISSION million shares of Common Stock under 1 the LTIP. No participant in the LTIP [Release No. 35–27760] Allegheny amended the LTIP in September 1998 to allow for the issuance of stock options as may be granted more than 600,000 payments for Performance Awards in addition to shares (or rights or options in respect of Filings Under the Public Utility Holding payments in Common Stock and cash. Although the Company Act of 1935, as Amended original LTIP provided for the issuance of stock more than 600,000 shares) in any (‘‘Act’’) options as payment for other awards, payments for calendar year. For purposes of this limit, Performance Awards were more limited. The LTIP shares subject to an award that is to be November 13, 2003. Order, however, generally authorized Allegheny to earned over a period of more than one issue both stock and stock options as payments for Notice is hereby given that the all awards under the LTIP. Allegheny, therefore, calendar year will be allocated to the following filing(s) has/have been made subsequently amended the LTIP to provide for the first calendar year in which these shares with the Commission pursuant to issuance of stock options as Performance Awards. may be earned.

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The LTIP permits awards of options to the participant. The participant or other In the event of a change of control of purchase Allegheny Common Stock on holder of the option will be entitled to Allegheny (as defined in the LTIP), terms and conditions as determined by receive cash from the dividend unless provided to the contrary in the the Committee. Stock options are issued equivalent account at times and subject applicable restricted stock award at strike prices equal to the fair market to terms and conditions that the agreement, the restrictions applicable to value (as defined in the LTIP) of Committee determines and provides in all restricted stock awards will Allegheny Common Stock as of the date the applicable option award agreement. terminate fully on the date of the change of the option grant. The terms of option If an option terminates or expires prior of control. awards are set forth in option award to exercise, the dividend equivalent The Committee may grant agreements. The Committee may award account related to the option will be performance awards, which will consist non-qualified stock options or incentive concurrently eliminated and no of a right to receive a payment that is stock options (each as defined in the payment in respect of the account will either measured by the fair market value LTIP). No participant in the LTIP may be made. of a specified number of shares of receive incentive stock option awards The Committee may permit the Allegheny Common Stock, increases in under the LTIP or any other Allegheny exercise of options or the payment of the fair market value of Common Stock compensation plan that would result in applicable withholding taxes through during an award period and/or consists incentive stock options to purchase tender of previously acquired shares of of a fixed cash amount. Performance shares of Allegheny Common Stock Allegheny Common Stock or through awards may be made in conjunction with an aggregate fair market value of reduction in the number of shares with or in addition to restricted stock more than $100,000 first becoming issuable upon option exercise. The awards. Award periods will be two or exercisable by a participant in any one Committee may grant reload options to more years or other annual periods as calendar year. participants in the event that determined by the Committee. The Options awarded under the LTIP will participants pay option exercise prices Committee may permit newly eligible terminate upon the first to occur of: (i) or withholding taxes by these methods. participants to receive performance The option’s expiration under the terms In the event of a change of control of awards after an award period has of the related option award agreement; Allegheny (as defined in the LTIP), commenced. The Committee establishes (ii) termination of the award following unless provided to the contrary in the performance targets in connection with termination of the participant’s applicable option award agreement, all performance awards. In the case of employment under the rules described options outstanding on the date of the in the next paragraph; and (iii) 10 years awards intended to be deductible for change in control will become after the date of the option grant. The federal income tax purposes, immediately and fully exercisable. Committee may accelerate the exercise performance targets will relate to The Committee may grant shares of period of awarded options and may operating income, return on investment, Common Stock on terms, conditions extend the exercise period of options return on shareholders’ equity, stock granted to employees who have been and restrictions as the Committee may price appreciation, earnings before terminated. determine. Restrictions, terms, and interest, taxes and depreciation/ In the event of the termination of conditions may be based on amortization, earnings per share, and/or employment of a participant in the performance standards, period of growth in earnings per share. The LTIP, options not exercisable at the time service, share ownership, or other Committee prescribes formulas to of the termination will expire as of the criteria. Performance-based awards determine the percentage of the awards date of the termination and exercisable intended for federal income tax to be earned based on the degree of options will expire 90 days from the deductibility will be subject to attainment of award targets. Allegheny date of termination. In the event of performance targets with respect to may make payments in respect of termination of a participant’s operating income, return on investment, performance awards in the form of cash employment due to retirement or return on shareholders’ equity, stock or shares of Allegheny Common Stock, disability, options not exercisable will price appreciation, earnings before or a combination of both. expire as of the date of termination and interest, taxes and depreciation/ In the event of a participant’s exercisable options will expire one year amortization, earnings per share, and/or retirement during an award period, the after the date of termination. In the growth in earnings per share. The terms participant will not receive a event of the death of a participant in the of restricted stock awards will be set performance award unless otherwise LTIP, all options not exercisable at the forth in award agreements. determined by the Committee, in which time of death will expire, and The participant will be an owner of case the participant will be entitled to exercisable options will remain restricted shares awarded to him or her a prorated portion of the award. In the exercisable by the participant’s under the LTIP. The shares may not be event of the death or disability of a beneficiary until the first to occur of one transferred, pledged, or assigned (other participant during an award period, the year from the time of death or, if than by will or the laws of descent and participant or his or her representative applicable, one year from the date of the distribution or to an inter vivos trust will be entitled to a prorated portion of termination of the participant’s with respect to which the participant is the performance award. A participant employment due to retirement or treated as the owner under the internal will not be entitled to a performance disability. revenue code) prior to the lapse of the award if his or her employment The Committee may establish applicable restrictions. A participant’s terminates prior to the conclusion of an dividend equivalent accounts with restricted shares will be forfeited to award period, provided that the respect to awarded options. A Allegheny in the event that the Committee may determine in its participant’s dividend equivalent participant ceases to be employed by discretion to pay performance awards, account will be credited with notional Allegheny prior to the expiration of the including full (i.e., non-prorated) amounts equal to dividends that would applicable forfeiture period. The awards, to any participant whose be payable on the shares for which the Committee may waive an award’s employment is terminated. In the event participant’s options are exercisable, forfeiture provisions under appropriate of a change of control of Allegheny, all assuming that the shares were issued to circumstances. performance awards for all award

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periods will immediately become (‘‘Act’’),1 and Rule 19b–4 thereunder,2 inverted quote. The double-width relief payable to all participants and will be notice is hereby given that on June 20, must terminate automatically when the paid within 30 days after the change in 2003, the Chicago Board Options triggering event ceases. control. Exchange, Inc. (‘‘CBOE’’ or ‘‘Exchange’’) The text of the proposed rule change The Committee may, unless the filed with the Securities and Exchange appears below. Additions are in italics. relevant award agreement otherwise Commission (‘‘Commission’’) the Rule 8.7 Obligations of Market specifies, cancel, rescind, or suspend an proposed rule change as described in Makers award in the event that the LTIP Items I, II and, III below, which Items participant engages in competitive have been prepared by the Exchange. (a) No change. activity, discloses confidential The CBOE filed Amendments Nos. 1, 2, (b) No change. information, solicits employees, and 3 to the proposal on July 3, 2003,3 (i)–(iii) No change. customers, partners or suppliers of September 10, 2003,4 and October 29, (iv) No change. Allegheny, or undertakes any other 2003,5 respectively. The Commission is (A) Without limiting the authority action determined by the Committee to publishing this notice to solicit provided to it in Rule 8.7(b)(iv), the be detrimental to Allegheny. comments on the proposed rule change, appropriate MPC may, with respect to The LTIP contains provisions as amended, from interested persons. options trading with a bid price less than $2, establish bid-ask differentials intended to ensure that certain I. Self-Regulatory Organization’s restricted share awards and performance that are no more than $0.50 wide Statement of the Terms of Substance of (‘‘double-width’’) when the primary awards to ‘‘covered employees’’ under the Proposed Rule Change Section 162(m) of the Internal Revenue market for the underling security: (a) Code are exempt from the $1 million The CBOE proposes to amend CBOE Reports a trade outside of its deduction limit contained in that Rule 8.7, ‘‘Obligations of Market disseminated quote (including any section of the code. Those exemptive Makers,’’ to allow the appropriate Liquidity Quote); or (b) disseminates an provisions, by their terms and under the Market Performance Committee inverted quote. The imposition of applicable IRS regulations, expired as of (‘‘MPC’’) to establish bid-ask double-width relief must automatically May 14, 2003. Any pending, but differentials that are no more than $0.50 terminate when the condition that unvested, awards issued under these wide (‘‘double-width’’) for options necessitated the double-width relief (i.e., provisions are unaffected by the where the bid price is less than $2 when condition (a) or (b)) is no longer present. provisions’ expiration, but any future the primary market for the underlying Market makers that have not automated security: (1) Reports a trade outside of restricted stock or performance awards this process may not avail themselves of its disseminated quote, including any to covered employees will not eligible the relief provided herein (i.e., they may Liquidity Quote; 6 or (2) disseminates an for the exemption from the Section not manually adjust prices). 162(m) limit unless the provisions are 1 15 U.S.C. 78s(b)(1). II. Self-Regulatory Organization’s reapproved by the shareholders. 2 17 CFR 240.19b–4. Statement of the Purpose of, and Allegheny may seek stockholder 3 See letter from Steve Youhn, CBOE, to Deborah Statutory Basis for, the Proposed Rule reauthorization of the LTIP with respect Flynn, Division of Market Regulation (‘‘Division’’), Change to these provisions, but has no present Commission, dated July 2, 2003, and accompanying intention to do so. Allegheny may Form 19b–4 (‘‘Amendment No. 1’’). Amendment In its filing with the Commission, the No. 1 converts the proposal from a filing submitted Exchange included statements choose alternative methods to pursuant to Section 19(b)(3)(A) of the Act to a compensate covered employees who proposal filed pursuant to Section 19(b)(2) of the concerning the purpose of and basis for would have received compensation Act. In addition, Amendment No. 1 clarifies that the the proposed rule change and discussed under the terminated provisions of the CBOE’s autoquote systems automatically will widen any comments it received on the quotes to double the applicable bid-ask differential proposed rule change. The text of these LTIP had these provisions not upon the occurrence of one of the triggering events terminated. and automatically will return the quotes to the statements may be examined at the For the Commission, by the Division normal bid-ask differential when the triggering places specified in Item IV below. The of Investment Management, pursuant to event ceases. Exchange has prepared summaries, set 4 See letter from Steve Youhn, CBOE, to Deborah forth in Sections A, B, and C below, of delegated authority. Flynn, Division, Commission, dated September 9, 2003 (‘‘Amendment No. 2’’). Amendment No. 2 the most significant aspects of such Margaret H. McFarland, provides examples illustrating the need for the statements. Deputy Secretary. proposed relief, clarifies that CBOE market makers A. Self-Regulatory Organization’s [FR Doc. 03–28891 Filed 11–18–03; 8:45 am] will not be able to widen their quotes when the New York Stock Exchange, Inc. (‘‘NYSE’’) prints a Statement of the Purpose of, and BILLING CODE 8010–01–M trade at or within its Liquidity Quote, and states Statutory Basis for, the Proposed Rule that neither the CBOE’s Retail Automated Execution Change System (‘‘RAES’’) nor the CBOE’s Hybrid System SECURITIES AND EXCHANGE will automatically execute incoming orders at 1. Purpose COMMISSION prices inferior to the national best bid or offer (‘‘NBBO’’). CBOE Rule 8.7(b)(iv) establishes bid- 5 See letter from Steve Youhn, CBOE, to Deborah ask differentials and allows the [Release No. 34–48771; File No. SR–CBOE– Flynn, Division, Commission, dated October 28, appropriate MPC to establish differences 2003–25] 2003 (‘‘Amendment No. 3’’). Amendment No. 3 7 revises the proposal to limit the application of the for one or more options series. The Self-Regulatory Organizations; Notice quote width relief to options that trade with a bid of Filing of Proposed Rule Change and price of less than $2 and clarifies that the quote best bid (in the case of a Liquidity Bid) or at a width relief provided in the proposal will be specific price interval above the best offer (in the Amendment Nos. 1, 2, and 3 by the available only to a market maker who has an case of a Liquidity Offer). See Securities Exchange Chicago Board Options Exchange, Inc. automated quotation system that will return his or Act Release No. 47614 (April 2, 2003), 68 FR 17140 Relating to Bid-Ask Differentials her quotes to the normal bid-ask differential when (April 8, 2003) (File No. SR–NYSE–2002–55). the triggering event ceases. 7 CBOE Rule 8.7(b)(iv) requires market makers to November 12, 2003. 6 The rules of the NYSE permit the dissemination, bid and/or offer so as to create differences of no in selected securities, of a ‘‘Liquidity Bid’’ and a more than $0.25 between the bid and the offer for Pursuant to Section 19(b)(1) of the ‘‘Liquidity Offer’’ which reflect aggregated NYSE each option contract for which the bid is less than Securities Exchange Act of 1934 trading interest at a specific price interval below the $2; no more than $0.40 where the bid is at least $2

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Exchange proposes to amend this rule to reason, the CBOE does not propose to relief will not be available to market codify two instances when the bid-ask allow the MPC to authorize CBOE makers who must rely on manual input differential for options trading with a market makers to widen their quotes to restore quote values to normal width. bid price of less than $2 may be wider when the NYSE prints a trade at or The CBOE notes that the grant of than the $0.25 interval expressly within its Liquidity Quote. However, if double-width relief will not result in the required for such options by CBOE Rule the NYSE prints a trade outside of the automatic execution of customer orders 8.7(b)(iv). Specifically, proposed CBOE Liquidity Quote, a CBOE market maker at artificially wide prices.14 According Rule 8.7(b)(iv)(A) authorizes the would be able to widen its quotes. The to the CBOE, neither RAES nor the appropriate MPC, with respect to following example illustrates the CBOE Hybrid System will automatically options trading with a bid price less operation of the proposal with respect to execute incoming orders at prices than $2, to establish bid-ask differentials Liquidity Quotes: inferior to the NBBO. Instead, orders that are no more than $0.50 wide • NYSE disseminated quote: received while the CBOE is not the (‘‘double-width’’) when the primary $23.10–$23.20, 300 × 1000 NBBO will route to PAR, where the market for the underlying security: (a) • NYSE Liquidity Quote: DPM can expose the order to the crowd Reports a trade that occurs outside of its $22.95–$23.35, 15,000 × 15,000 or send a linkage order to an away disseminated quote (including any With the above quotes, if the NYSE market. Accordingly, the CBOE notes Liquidity Quote); or (b) disseminates an reports a trade between $22.95 and that orders received while the CBOE’s inverted quote (together, the ‘‘triggering $23.35, CBOE market makers would not quotes are double-wide would receive a events’’). The proposed quote width be permitted to quote double-wide. If measure of price protection. relief will apply to options on stocks the NYSE reports a trade below $22.95 In addition, the CBOE represents that and options on exchange-traded funds or above $23.35 without changing its the purpose of the proposal is not to (‘‘ETFs’’).8 disseminated quote, CBOE market create a heightened profit opportunity The proposed quote width relief will makers would be permitted to quote by allowing CBOE market makers to apply only to options that trade with a double-wide. execute trades at widened quotes and, bid price of less than $2.9 Thus, options The CBOE intends to automate its hence, increased profits.15 Instead, the trading at a price of $2 (bid) or higher systems so that the CBOE’s autoquote CBOE believes that the proposal will not be eligible for the proposed systems automatically will widen the represents a narrowly-tailored quote width relief. The CBOE notes that quote to double the bid-ask differential protective measure designed to enable options trading at less than $2 are upon the occurrence of either of the two CBOE market makers to widen their subject to a $0.25 bid-ask differential, triggering events.10 The quotes will quotes when a situation occurs in the which generally means that market remain double-width until the triggering underlying market that prevents makers have only $0.125 of pricing event ceases, at which time CBOE accurate pricing. Under the proposal, latitude on either side of the theoretical systems automatically will return the market makers will have the ability, if value to widen their quotes to take into quote to the normal bid-ask differential. they choose, to widen their quotes to account any pricing discrepancy in the Accordingly, if the primary market’s limit the losses that may occur when the underlying security. As described more quotes invert and the CBOE quotes underlying market disseminates faulty fully below, the CBOE believes that the double-wide, the CBOE’s quotes must or delayed information. grant of double-width relief for low- return to normal width when the priced options will provide market underlying market’s quotes no longer Necessity for the Relief Requested makers with more pricing flexibility are inverted. Similarly, if the primary According to the CBOE, the main with which to protect themselves. market prints a trade outside of its component of equity option pricing is Under the proposal, CBOE market disseminated quote, the CBOE may the value of the underlying security. makers will not be permitted to widen quote double-wide until the print is no The CBOE states that accurate option their quotes when the NYSE prints a longer outside of the disseminated pricing is impossible if the value of the trade at or within its Liquidity Quote. quotes (i.e., until the quotes move to underlying security is unreliable or Because the NYSE disseminates encompass the previous print or the indiscernible. The following examples Liquidity Quotes, which are quotes of next print is inside of the disseminated provided by the CBOE highlight the substantial size outside of the regular quotes).11 difficulties and risks in pricing options disseminated quote, the CBOE notes The CBOE notes that the automation when the quote for the underlying that CBOE market makers should not be of this process ensures that double- security is inverted and/or when the surprised if the NYSE prints a trade width relief will take effect only when underlying market prints a trade outside outside of its regular quote but at or permissible and, more importantly, will of its disseminated quote. within its Liquidity Quote. For this last only as long as the condition that a. Underlying Market Disseminates an necessitated it occurs. Thus, there will Inverted Quote but does not exceed $5; no more than $0.50 where be no sustained dissemination of stale the bid is more than $5 but does not exceed $10; double-wide quotes when one of the Assume that the quote for stock ABCD no more than $0.80 where the bid is more than $10 12 is $21.06–$21.16 and that, based on but does not exceed $20; and no more than $1.00 triggering events is not present. In where the bid is more than $20. The bid/ask addition, the CBOE states that a market those prices, the quote for the July 20 differentials do not apply to in-the-money series maker will be able to utilize the double- call option is $1.15–$1.25. Now assume where the underlying securities market is wider width relief only if the market maker that the stock quote changes to $21.12– than the differentials set forth in CBOE Rule $21.02, creating an inversion. Under 8.7(b)(iv). For those series, the bid/ask differential has an automated quotation system that may be as wide as the quotation on the primary returns the market maker’s quotes to these circumstances, it is not clear market of the underlying security. normal width upon the termination of which price, the bid or the offer, is 8 Upon Commission approval of the proposal, the the triggering event.13 Double-width correct, or whether both prices are CBOE, prior to the effective date of the rule, will incorrect. If the bid is correct, the quote disseminate to members a Regulatory Circular that identifies the specific ETF that will serve as the 10 See Amendment No. 1, supra note 3. for the underlying stock might be underlying security for each option class. See 11 See Amendment No. 3, supra note 5. Amendment No. 3, supra note 5. 12 See Amendment No. 1, supra note 3. 14 See Amendment No. 2, supra note 4. 9 See Amendment No. 3, supra note 5. 13 See Amendment No. 3, supra note 5. 15 See Amendment No. 2, supra note 4.

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$21.12–$21.22, which might drive the exchange and, in particular, the provisions of 5 U.S.C. 552, will be options quote to $1.25–$1.35. If the offer requirements of section 6(b) of the available for inspection and copying at is correct, the quote for the underlying Act.16 Specifically, the Exchange the Commission’s Public Reference stock might be $20.92–$21.02, which believes the proposed rule change is Room. Copies of such filing will also be might drive the options quote to $1.05– consistent with the Section 6(b)(5) 17 available for inspection and copying at $1.15. If both the bid and the offer for requirements that the rules of an the principal office of the Exchange. All the underlying stock are incorrect, it is exchange be designed to promote just submissions should refer to File No. difficult to know what the price of the and equitable principles of trade, to SR–CBOE–2003–25 and should be underlying stock might be. Assuming prevent fraudulent and manipulative submitted by December 10, 2003. that either the bid or the offer is correct, acts and, in general, to protect investors For the Commission, by the Division of but not both, the stock price probably and the public interest. Market Regulation, pursuant to delegated ranges somewhere between $20.92– authority.18 $21.22, which is three times wider than B. Self-Regulatory Organization’s Statement on Burden on Competition Margaret H. McFarland, the original non-inverted quote. Deputy Secretary. If a CBOE market maker believes that The CBOE does not believe that the [FR Doc. 03–28850 Filed 11–18–03; 8:45 am] the bid for the underlying stock is proposed rule change will impose any BILLING CODE 8010–01–P correct and has a quote size of 25-up at burden on competition not necessary or $1.25–$1.35, assume he executes an appropriate in furtherance of the incoming market order to sell at $1.25. purposes of the Act. SECURITIES AND EXCHANGE Now assume that the price of the COMMISSION underlying stock corrects to $20.92– C. Self-Regulatory Organization’s $21.02, sending the market maker’s Statement on Comments on the [Release No. 34–48774; File No. SR–CSE– quote to $1.05–$1.15, and that the Proposed Rule Change Received From 2003–12] market maker receives an incoming Members, Participants or Others Self-Regulatory Organizations; Notice market order to buy, which he executes No written comments were solicited of Filing and Immediate Effectiveness at $1.15. Under these circumstances, the or received. of Proposed Rule Change by The market maker has purchased the options III. Date of Effectiveness of the Cincinnati Stock Exchange, Inc. and (i.e., the market maker was on the contra Amendment No. 1 To Change Its Name side of the first market order to sell) at Proposed Rule Change and Timing for to National Stock Exchange $1.25 and sold the options (i.e., the Commission Action market maker was on the contra side of Within 35 days of the date of November 12, 2003. the second market order to buy) at publication of this notice in the Federal Pursuant to Section 19(b)(1) of the $1.15, locking in a loss of $0.10, 25 Register or within such longer period (i) Securities Exchange Act of 1934 (the times. as the Commission may designate up to ‘‘Act’’)1 and Rule 19b–4 thereunder,2 90 days of such date if it finds such b. Underlying Market Reports a Trade notice is hereby given that on November longer period to be appropriate and Outside of the Disseminated Quote 5, 2003, The Cincinnati Stock Exchange, publishes its reasons for so finding or Inc. (‘‘CSE’’ or ‘‘Exchange’’) filed with According to the CBOE, it is not (ii) as to which the Exchange consents, the Securities and Exchange uncommon for the primary market for the Commission will: Commission (‘‘Commission’’) the an underlying security, in its haste to (A) By order approve such proposed proposed rule change, as described in report trades to the tape, to report trades rule change, or, Items I, II, and III below, which Items before changing the disseminated quote, (B) Institute proceedings to determine have been prepared by the CSE. On resulting in a transaction that falls whether the proposed rule change November 12, 2003, the Exchange filed outside of the disseminated quote. For should be disapproved. an amendment to the proposed rule example, assume that the disseminated 3 IV. Solicitation of Comments change. The Exchange filed the quote for a stock is $22.10–$22.25 and proposal pursuant to Section that the last sale was $22.15. Without a Interested persons are invited to 19(b)(3)(A)(iii) of the Act 4 and has change in the quote the next sale is submit written data, views, and designated the proposed rule change as reported at $22. In this instance, the arguments concerning the foregoing, one being concerned solely with the market for the underlying security could including whether the proposed rule administration of the Exchange under come out in any direction, i.e., it could change, as amended, is consistent with Rule 19b–4(f)(3) of the Act,5 which be $21.75–$22, it could be unchanged, the Act. Persons making written renders the proposal effective upon or it could be $22.00–$22.25. As in the submissions should file six copies filing with the Commission. The previous example, the CBOE market thereof with the Secretary, Securities Commission is publishing this notice to maker must attempt to guess where the and Exchange Commission, 450 Fifth solicit comment on the proposed rule market for the underlying security will Street, NW., Washington, DC 20549– come out. If the market maker guesses 0609. Copies of the submission, all 18 17 CFR 200.30–3(a)(12). incorrectly, he has exposure. Allowing subsequent amendments, all written 1 15 U.S.C. 781(b)(1). the market maker to widen his quote statements with respect to the proposed 2 17 CFR 240.19b–4. allows him a measure of protection until rule change that are filed with the 3 See November 12, 2003 letter from Jennifer M. Commission, and all written Lamie, Assistant General Counsel and Secretary, the market for the underlying security CSE, to Katherine A. England, Assistant Director, again reports trades within the communications relating to the Division of Market Regulation, Commission disseminated quote. proposed rule change between the (‘‘Amendment No. 1’’). In Amendment No. 1, the Commission and any person, other than CSE replaces ‘‘involves a member due, fee or other 2. Statutory Basis those that may be withheld from the charge’’ with ‘‘is concerned solely with the administration of the Exchange’’ in Item III below, The Exchange believes the proposed public in accordance with the to bring it into conformity with Rule 19b–4(f)(3) rule change is consistent with the Act under the Act. 17 CFR 240.19b–4(f)(3). and the rules and regulations under the 16 15 U.S.C. 78(f). 4 15 U.S.C. 781(b)(3)(A)(iii). Act applicable to a national securities 17 15 U.S.C. 78(f)(b)(5). 5 17 CFR 240.19b–4(f)(3).

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change, as amended, from interested 2. Statutory Basis those that may be withheld from the persons. The CSE believes the proposed rule public in accordance with the provisions of 5 U.S.C. 552, will be I. Self-Regulatory Organization’s change is consistent with Section 6(b)(1) 6 available for inspection and copying in Statement of the Terms of Substance of of the Act in that it helps to assure that the Commission’s Public Reference the Proposed Rule Change the Exchange is so organized and has the capacity to be able to carry out the Room. Copies of such filing will also be The Exchange proposes to amend its purposes of the Act and to comply, and available for inspection and copying at Amended Articles of Incorporation, By- to enforce compliance by its members, the principal office of the Exchange. All Laws and Rules to change the name of with the Act. submissions should refer to file number the Exchange to National Stock SR–CSE–2003–12 and should be ExchangeSM. The text of the proposed B. Self-Regulatory Organization’s submitted by December 10, 2003. rule change is available at the CSE and Statement on Burden on Competition at the Commission. For the Commission by the Division of The Exchange does not believe that Market Regulation, pursuant to the delegated II. Self-Regulatory Organization’s the proposed rule change will impose authority. Statement of the Purpose of and any inappropriate burden on Margaret H. McFarland, competition. Statutory Basis for, the Proposed Rule Deputy Secretary. Change C. Self-Regulatory Organization’s [FR Doc. 03–28893 Filed 11–18–03; 8:45 am] In its filing with the Commission, the Statement on Comments on the BILLING CODE 8010–01–P CSE included statements concerning the Proposed Rule Change Received From purpose of and basis for the proposed Members, Participants or Others rule change and discussed any The members of the Exchange SECURITIES AND EXCHANGE comments it received on the proposed approved the name change at a special COMMISSION rule change. The text of these statements membership meeting held on October may be examined at the places specified 23, 2003 pursuant to Article II, Section [Release No. 34–48775; File No. SR–DTC– in Item IV below. The CSE has prepared 10.2 of the Exchange’s By-Laws. 2003–12] summaries, set forth in sections A, B, and C below, of the most significant III. Date of Effectiveness of the Self-Regulatory Organizations; The parts of such statements. Proposed Rule Change and Timing for Depository Trust Company; Notice of Commission Action A. Self-Regulatory Organization’s Filing of Proposed Rule Change Statement of the Purpose of, and The proposed rule change has become Relating to the Processing of Maturity Statutory Basis for, the Proposed Rule effective pursuant to Section 19(b)(3)(A) Presentments in DTC’s Money Market Change of the Act 7 and subparagraph (f)(3) of Instrument Program Rule 19b–4, thereunder,8 because it is 1. Purpose concerned solely with the November 12, 2003. First organized in 1885, the CSE administration of the exchange. At any Pursuant to Section 19(b)(1) of the operated as a floor-based exchange in time within sixty (60) days of the filing Securities Exchange Act of 1934 Cincinnati, Ohio, into the mid-1970s. of such proposed rule change, the (‘‘Act’’),1 notice is hereby given that on, The Exchange thereafter developed and Commission may summarily abrogate September 30, 2003, The Depository implemented an electronic exchange such rule change if it appears to the Trust Company (‘‘DTC’’) filed with the that has been in operation for over 20 Commission that such action is Securities and Exchange Commission years. In 1988, the CSE engaged the necessary or appropriate in the public (‘‘Commission’’) the proposed rule Chicago Board Options Exchange as its interest, for the protection of investors, change as described in Items I, II, and systems facilities manager and, or otherwise in furtherance of the III below, which items have been thereafter, the CSE determined to move purposes of the Act. prepared primarily by DTC. The its headquarters to Chicago in the early IV. Solicitation of Comments Commission is publishing this notice to 1990s. solicit comments on the proposed rule Today, with enhancements in Interested persons are invited to change from interested parties. technology, orders and quotations are submit written data, views and sent to the Exchange from all over the arguments concerning the foregoing, I. Self-Regulatory Organization’s country, and the Exchange trades including whether the proposed rule Statement of the Terms of Substance of securities listed in the New York Stock change is consistent with the Act. the Proposed Rule Change Exchange, the American Stock Exchange Persons making written submissions and the Nasdaq Stock Market. In should file six copies thereof with the The proposed rule change would keeping with this expanding role, the Secretary, Securities and Exchange allow DTC to implement new Money members of the Exchange and its Board Commission, 450 Fifth Street, NW, Market Instrument (‘‘MMI’’) Program of Trustees have deemed it advisable procedures regarding the processing of Washington, DC 20549–0609. Copies of 2 that the name of the Exchange be the submission, all subsequent Maturity Presentments (‘‘MP’’). changed from The Cincinnati Stock amendments, all written statements Specifically, the new procedures would Exchange to National Stock Exchange. with respect to the proposed rule allow an Issuing/Paying Agent (‘‘IPA’’) The three documents that need to be change that are filed with the to assign processing priorities to the revised to accomplish and reflect the Commission, and all written MMI issuers for which the IPA acts as name change are the Exchange’s communications relating to the agent. Amended Articles of Incorporation, By- proposed rule change between the Laws and Rules. The Exchange Commission and any person, other than 1 15 U.S.C. 78s(b)(1). represents that the filing reflects a name 2 The references to maturity presentments are intended to cover, in addition to MPs, other change only and does not affect the 6 15 U.S.C. 78f(b)(1). payment obligations of MMI issuers, such as manner of the Exchange’s operations 7 15 U.S.C. 78s(b)(3)(A). periodic principal payments and periodic interest and governance structure. 8 17 CFR 240.19b–4(f)(3). payments.

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II. Self-Regulatory Organization’s The proposed rule change would IPAs have raised about the random Statement of the Purpose of, and provide for the application of new nature of DTC’s process for updating Statutory Basis for, the Proposed Rule issuance settlement credits to the MPs maturity presentments by providing Change of the same issuer on a best efforts basis IPAs with the means to exercise greater In its filing with the Commission, and would give IPAs the option to control of their intra-day liquidity DTC included statements concerning prioritize the order and manner in requirements and credit risk. the purpose of and basis for the which MPs are processed, including the The proposed rule change is proposed rule change and discussed any option to designate an issuer as self- consistent with the requirements of 5 6 comments it received on the proposed funding. Systemically, DTC would Section 17A(b)(3)(A) of the Act and the rule change. The text of these statements attempt to align activities within the rules and regulations thereunder may be examined at the places specified MMI system so that monies from Issuer because it will promote the prompt and in Item IV below. DTC has prepared A’s credits are generally applied to accurate settlement of securities summaries, set forth in sections (A), (B), Issuer A’s MPs, subject to existing transactions and will be implemented in and (C) below, of the most significant collateral monitor and net debit a manner that is consistent with DTC’s aspects of these statements. controls. risk management controls. Under the alignment approach, once (A) Self-Regulatory Organization’s an IPA has incurred a net debit up to its (B) Self-Regulatory Organization’s Statement of the Purpose of, and applicable net debit cap (or the IPA’s Statement on Burden on Competition Statutory Basis for, the Proposed Rule collateral is fully used), subsequent MPs DTC perceives no impact on Change presented to the IPA’s account will still competition by reason of the proposed Under DTC’s current procedures for recycle as they do today. When an IPA rule change. processes a new issuance of an MMI the processing of MPs, early on the (C) Self-Regulatory Organization’s into the system and the issuance maturity date (generally around 2:00 Statement on Comments on the transaction updates into the receiving a.m.) DTC initiates deliveries of the Proposed Rule Change Received From participant’s account, the resulting maturing paper from the accounts of Members, Participants or Others participants having positions in the credit them becomes available in the The subject proposals were developed maturing paper to the MMI participant IPA’s account to fund a recycling MP. in consultation with participants in the account of the IPA. Each MP is At this time, the revised MMI system MMI market and are included as processed as the equivalent of a book- would inquire against the queue of recommendations in a Discussion Paper entry delivery-versus-payment transfer. recycling MPs to determine if there is an issued jointly by The Bond Market As such, MPs may ‘‘recycle’’ just as any MP for the same issuer with the same Association and The Depository Trust & delivery would if the net debit cap or base CUSIP that could be processed Clearing Corporation on March 31, collateralization controls applicable to against the available credit. Once the 2003. DTC advised participants of the an IPA’s account prevent the delivery appropriate MP is identified, that MP proposed modifications in Important from updating. Recycling MPs would would be taken off the recycle queue Notice 5336 (October 10, 2003).7 update once additional funds (e.g., from and would be processed into the IPA’s intraday settlement progress payment account. As further issuances for that III. Date of Effectiveness of the (‘‘SPPs’’) or from new issuances) are issuer occur, additional MPs for the Proposed Rule Change and Timing for credited to the IPA’s account. With the issuer would be processed so that MP Commission Action processing would remain in rough exception of a recent change enabling an alignment with the related issuance Within thirty-five days of the date of IPA to target settlement credits from an activity. If no offsetting MP is available publication of this notice in Federal SPP to a specific issuer’s maturity on the recycle queue, the credit would Register, or within such longer period: presentments, MPs update on a random be applied to an MP from another (i) as the Commission may designate up basis.3 There is no provision in DTC’s issuer, as is the case today, to make use to ninety days of such date if it finds current procedures enabling an IPA to of the available liquidity in the IPA’s such longer period to be appropriate assure that the recycling MPs of a settlement account. and publishes its reasons for so finding specific issuer update by allocating to Although the current procedures have or (ii) as to which DTC consents, the that issuer’s MPs all or a specified worked well, since the events of Commission will: portion of the IPA’s net debit cap or by September 11, 2001, participants in (A) By order approve such proposed applying to that issuer’s MPs settlement DTC’s MMI program have been working rule change or credits derived from the new issuance of with DTC on changes that would reduce (B) Institute proceedings to determine its paper. By the same token, because of risk without introducing processing whether the proposed rule change the random nature of MP processing, the inefficiencies. The proposed IPA rule should be disapproved. IPA is unable to prevent a portion of its change would address concerns that net debit cap as well as any ‘‘excess’’ or IV. Solicitation of Comments ‘‘residual’’ credits from being used to specific issuer’s MPs, as well as any unallocated net Interested persons are invited to update the MPs of an issuer to which debit cap. ‘‘Residual’’ credits refer to credit balances submit written data, views, and the IPA would prefer not to extend from new issuances and targeted SPPs that are not arguments concerning the foregoing, 4 large enough to completely offset the same issuer’s including whether the proposed rule credit. MPs. 5 Under the proposed rule change, IPAs would be change is consistent with the Act. 3 Securities Exchange Act Release No. 48145 (July able to prioritize between issuers by using new Persons making written submissions 9, 2003), 68 FR 42442 (July 17, 2003) [File No. SR– Participant Terminal System (‘‘PTS’’) functions. should file six copies thereof with the DTC–2003–03] (proposed rule change allowing DTC IPAs logged into DTC’s MMII PTS function would Secretary, Securities and Exchange to modify its settlement progress payment select ‘‘Issuer Priority Control’’ to access the main procedures to allow DTC participants to direct menu of IPA-issuer options. This new functionality proceeds from a specific SPP be used to fund a would allow IPAs to select which issuers’ MPs 6 15 U.S.C. 78q(b)(3)(A). particular transaction). would recycle at the bottom of the ATP queue; 7 DTC advised participants of additional MMI 4 ‘‘Excess’’ credits refer to credits resulting from perform an issuer control inquiry on selected system modifications in Important Notice 5311 on an issuer’s new issuances that exceed that issuer’s issuers; maintain an audit trail for selected issuers; October 10, 2003. Those modifications are not offsetting MPs, SPPs that are not targeted to a and inquire about MPs for selected issuers. within the scope of this rule filing.

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Commission, 450 Fifth Street, NW., of 1934 (‘‘Act’’) 1 and Rule 19b–4 mechanism of a free and open market Washington, DC 20549–0609. thereunder,2 a proposed rule change to and a national market system, and in Comments may also be submitted amend ISE Rule 803 to clarify the general, to protect investors and the electronically at the following e-mail obligations of the ISE’s Primary Market public interest. address: [email protected]. All Makers (‘‘PMMs’’) when handling The Commission finds that the comment letters should refer to File No. orders from persons who are not brokers proposed rule change, as amended, is SR–DTC–2003–12. This file number or dealers in securities (‘‘Public should be included on the subject line Customers’’) when there is a better price reasonably designed to accomplish if e-mail is used to help us process and available on another exchange. On these ends because it clarifies the review comments more efficiently, September 15, 2003, the Exchange obligations of a PMM when addressing comments should be sent in hardcopy amended the proposed rule change.3 a Public Customer order when there is or by e-mail but not by both methods. The proposed rule change, as amended, a better price displayed by another Copies of the submission, all subsequent was published for comment in the market. Given the intermarket linkage amendments, all written statements Federal Register on October 1, 2003.4 between the ISE and the other options with respect to the proposed rule On October 1, 2003, the Exchange exchanges (‘‘Linkage’’), this clarity change that are filed with the amended the proposed rule change.5 should provide guidance to PMMs in Commission, and all written The Commission received no the satisfaction of their best execution communications relating to the comments on the proposal. This order obligations with respect to Public proposed rule change between the approves the proposed rule change, as Customer orders. Commission and any person, other than amended. In addition, the order The Commission notes that the those that may be withheld from the approves, on an accelerated basis, proposed rule change, as amended, public in accordance with the Amendment No. 2. would require specifically that, upon provisions of 5 U.S.C. 552, will be II. Discussion available for inspection and copying in receiving a Public Customer order, a the Commission’s Public Reference The Commission finds that the PMM must, as soon as practical, either Section, 450 Fifth Street, NW., proposed rule change, as amended, is execute the order at the best available Washington, DC 20549–0609. Copies of consistent with the requirements of the price or send a Principal Acting as such filing also will be available for Act and the rules and regulations Agent Order through Linkage to obtain inspection and copying at the principal thereunder applicable to a national the best price for the order. The office of DTC. Copies of the proposed securities exchange.6 In particular, the proposed rule change, as amended, also rule change and all subsequent Commission believes that the proposed would require that a PMM must act with amendments are also available at rule change, as amended, is consistent due diligence in handling Public 7 www.dtc.org/impNtc/mor/index.html. with Section 6(b) of the Act, in general, Customer orders and must accord such All submissions should refer to File No. and furthers the objectives of Section orders priority over the PMM’s principal 8 SR–DTC–2003–12 and should be 6(b)(5), in particular, in that it is orders. The Commission believes that designed to prevent fraudulent and submitted by December 10, 2003. the proposed rule change, as amended, manipulative acts and practices, to For the Commission, by the Division of should protect investors and the public Market Regulation, pursuant to delegated promote just and equitable principles of trade, to foster cooperation and interest by providing additional authority.8 safeguards designed to ensure that Margaret H. McFarland, coordination with persons engaged in regulating, clearing, settling, processing PMMs handle Public Customer orders Deputy Secretary. information with respect to, and appropriately. Moreover, the [FR Doc. 03–28851 Filed 11–18–03; 8:45 am] facilitating transactions in securities, to Commission believes that the proposed BILLING CODE 8010–01–P remove impediments to and perfect the rule change, as amended, should enhance competition and increase 1 15 U.S.C. 78s(b)(1). liquidity in the options markets by SECURITIES AND EXCHANGE 2 17 CFR 240.19b–4. affirmatively requiring that PMMs react COMMISSION 3 See letter from Michael J. Simon, Senior Vice to an incoming order as soon as [Release No. 34–48756; File No. SR–ISE– President and General Counsel, Exchange, to Nancy Sanow, Assistant Director, Division of Market practical by either executing the order 2003–03] Regulation (‘‘Division’’), Commission, dated or routing it through Linkage. September 12, 2003 (‘‘Amendment No. 1’’). Self-Regulatory Organizations; 4 See Securities Exchange Act Release No. 48539 III. Conclusion International Securities Exchange, Inc.; (September 25, 2003), 68 FR 56660. Order Granting Approval of Proposed 5 See letter from Michael J. Simon, Senior Vice For the reasons discussed above, the Rule Change and Amendment Nos. 1 President and General Counsel, Exchange, to Nancy Commission finds that the proposed Sanow, Assistant Director, Division, Commission, and 2 Thereto by the International dated September 30, 2003 (‘‘Amendment No. 2’’). In rule change, as amended, is consistent Securities Exchange, Inc., Relating to Amendment No. 2, the Exchange proposed to with the Act and the rules and Market Maker Obligations amend the proposed rule change to correct a regulations thereunder applicable to a typographical error in the rule text and to renumber national securities exchange. November 7, 2003. the new Supplementary Material. The Commission notes that the technical changes to the proposed It Is Therefore Ordered, pursuant to I. Introduction rule change, as amended, contained in Amendment Section 19(b)(2) of the Act,9 that the No. 2 were included in the notice published for On February 19, 2003, the public comment. See note 4, Securities Exchange proposed rule change (SR–ISE–2003– International Securities Exchange, Inc. Act Release No. 48539 (September 25, 2003), 68 FR 03), as amended, be, and it hereby is, (‘‘ISE’’ or ‘‘Exchange’’) filed with the 56660 (October 1, 2003) (SR–ISE–2003–03). approved. Securities and Exchange Commission 6 In approving the proposed rule change, as amended, the Commission has considered the (‘‘Commission’’), pursuant to Section proposed rule’s impact on efficiency, competition, 19(b)(1) of the Securities Exchange Act and capital formation. 15 U.S.C. 78c(f). 7 15 U.S.C. 78f(b). 8 17 CFR 200.30–3(a)(12). 8 15 U.S.C. 78f(b)(5). 9 15 U.S.C. 78s(b)(2).

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For the Commission, by the Division of II. Self-Regulatory Organization’s person, the results are forwarded to the Market Regulation, pursuant to delegated Statement of the Purpose of, and National Association of Securities 10 authority. Statutory Basis for, the Proposed Rule Dealers, Inc. (‘‘NASD’’) by the member Margaret H. McFarland, Change or member organization for posting to Deputy Secretary. In its filing with the Commission, the the registered person’s central [FR Doc. 03–28894 Filed 11–18–03; 8:45 am] NYSE included statements concerning registration depository record. BILLING CODE 8010–01–P the purpose of, and basis for, the The current total fee charged by the proposed rule change and discussed any Exchange per fingerprint card is $25.50, comments it received on the proposed which amount consists of a $24.00 SECURITIES AND EXCHANGE processing fee charged by the FBI (of COMMISSION rule change, as amended. The text of these statements may be examined at which $2.00 is returned to the NYSE) [Release No. 34–48769; File No. SR–NYSE– the places specified in Item IV below. and a $1.50 processing fee charged by 2003–21] The Exchange has prepared summaries, the Exchange. The Exchange is set forth in Sections A, B, and C below, proposing to raise the processing fee to Self-Regulatory Organizations; Notice $11.00, an increase of $9.50. This of Filing of Proposed Rule Change and of the most significant aspects of such statements. increase would bring the total Amendment No. 1 Thereto by the New processing fee per card to $35.00. The York Stock Exchange, Inc. To Increase A. Self-Regulatory Organization’s most recent fee increase occurred in Its Fingerprint Processing Fee Statement of the Purpose of, and January of 1994 when the FBI raised its Statutory Basis for, the Proposed Rule processing fee from $23.00 to $24.00. November 10, 2003. Change Pursuant to Section 19(b)(1) of the The fee of $1.50 charged by the Securities Exchange Act of 1934 1. Purpose Exchange has not increased since the 1 2 Plan’s inception in 1976. (‘‘Act’’) and Rule 19b–4 thereunder, The NYSE proposes to amend its 2003 The proposed fee increase is directly notice is hereby given that on July 22, Price List to increase its fingerprint related to costs incurred from the 2003, the New York Stock Exchange, processing fee. Rule 17f–2 of the Act 5 Exchange’s transition from a manual to Inc. (‘‘NYSE’’ or ‘‘Exchange’’) submitted requires the fingerprinting of, among an electronic method of submitting to the Securities and Exchange others, every partner, director, officer, fingerprint cards to the FBI.9 This Commission (‘‘Commission’’) the and certain specified employees of a transition has resulted in a significant proposed rule change as described in national securities exchange member, improvement in client service. Upgrades Items I, II, and III below, which items broker, and dealer. Further, such to the Exchange system have reduced have been prepared by the NYSE. The fingerprints must be submitted to the processing time per card from an Exchange amended its proposal on U.S. Attorney General’s Office or its 3 average of three weeks to a current August 29, 2003. The Commission is designee for processing and review. turnaround time of 24 to 48 hours. publishing this notice to solicit Pursuant to a plan filed with and comments on the proposed rule change, approved by the Commission in In addition to recouping consulting as amended, from interested persons. accordance with paragraph (c) of Rule and programming expenses incurred during the system upgrade, the increase I. Self-Regulatory Organization’s 17f–26 (‘‘Plan’’), the Exchange acts as a would offset the cost of maintaining the Statement of the Terms of Substance of processor of fingerprints whereby it service. The Exchange also believes that the Proposed Rule Change forwards fingerprint cards (and the increase would bring the Exchange’s The Exchange proposes to amend its attendant payments) to the Federal Bureau of Investigation (‘‘FBI’’). processing fee more in line with similar 2003 Price List to increase its services provided by NASD. fingerprinting processing fee.4 Below is The Exchange performs this service the text of the proposed rule change, as for non-registered employees of 2. Statutory Basis amended. Proposed new language is members, member organizations, and a 7 The Exchange believes that the italicized; proposed deleted text is limited number of others pursuant to Rule 17f–28 (e.g., transfer agents). proposed rule change, as amended, is [bracketed]. 10 Further, the Exchange processes some consistent with Section 6(b) of the Act * * * * * in general, and furthers the objectives of fingerprint checks on behalf of both 11 prospective NYSE members not Section 6(b)(4) of the Act because the NYSE 2003 PRICE LIST— associated with a member organization rules of the Exchange provide for the REGULATORY FEES and current members seeking to change equitable allocation of reasonable dues, firms. In any instance where the fees, and other charges among its Fingerprint Exchange provides FBI fingerprint members and issuers and other persons Processing .. —new $35.00 [$25.50] processing services to a registered using its facilities. The Exchange believes that the proposed rule change * * * * * 12 5 17 CFR 240.17f–2. is also consistent with Section 6(b)(5) 6 17 CFR 240.17f–2(c). of the Exchange Act in that it enables 10 17 CFR 200.30–3(a)(12). 7 The NYSE has represented that it has contacted the Exchange to recover its costs with 1 15 U.S.C. 78s(b)(1). the affected group of non-members and that none respect to fingerprint card processing. 2 17 CFR 240.19b–4. of the contacted non-members has objected. 3 See letter from Darla C. Stuckey, Corporate According to the NYSE, the number of interested Secretary, to Nancy Sanow, Assistant Director, persons that are not associated with a member or 9 The NYSE has represented that it intends to Division of Market Regulation (‘‘Division’’), member organization is a very small percentage of amend its Plan to reflect this change. Commission, dated August 28, 2003, replacing the total number of persons who utilize the Teleconference between Mary Anne Furlong, NYSE’s original Form 19b–4 filing in its entirety Exchange’s fingerprint processing service. Director, Rule and Interpretive Standards, NYSE, (‘‘Amendment No. 1’’). In Amendment No. 1, the Teleconference between Mary Anne Furlong, and Ronesha A. Butler, Attorney, Division, NYSE converted the proposed rule change from a Director, Rule and Interpretive Standards, NYSE, Commission (November 10, 2003). filing made pursuant to Section 19(b)(3)(A) to a and Christopher B. Stone, Special Counsel, 10 15 U.S.C. 78f(b). Section 19(b)(2) filing. Division, Commission (September 23, 2003). 11 15 U.S.C. 78f(b)(4). 4 See 17 CFR 240.17f–2. 8 17 CFR 240.17f–2. 12 15 U.S.C. 78f(b)(5).

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B. Self-Regulatory Organization’s For the Commission, by the Division of the ArcaEx Market Order Auction 5 and Statement on Burden on Competition Market Regulation, pursuant to the delegated during the Trading Halt Auction.6 The authority.13 new Total Imbalance Indicator would The NYSE believes that the proposed display the total net imbalance of rule change, as amended, will not Margaret H. McFarland, Deputy Secretary. market and limit orders at the impose any burden on competition that ‘‘Indicative Match Price.’’7 This [FR Doc. 03–28895 Filed 11–18–03; 8:45 am] is not necessary or appropriate in imbalance indicator will be in addition furtherance of the purposes of the Act. BILLING CODE 8010–01–P to the existing market order Imbalance C. Self-Regulatory Organization’s indicator that exclusively displays the Statement on Comments on the SECURITIES AND EXCHANGE imbalance of unmatched market orders. Currently, PCXE Rule 1.1(q) defines Proposed Rule Change Received From COMMISSION Members, Participants or Others the term ‘‘Imbalance’’ as the number of [Release No. 34–48767; File No. SR–PCX– buy or sell shares that cannot be Written comments on the proposed 2003–48] matched with other shares at the rule change, as amended, were neither Indicative Match Price at any given solicited nor received. Self-Regulatory Organizations; Order time. The PCX proposes to amend PCXE III. Date of Effectiveness of the Granting Accelerated Approval to Rule 1.1(q) to define two types of order Proposed Rule Change and Timing for Proposed Rule Change and imbalances, Total Imbalance and Market Commission Action Amendment No. 1 Thereto by the Imbalance. ‘‘Total Imbalance’’ would be Pacific Exchange, Inc. Relating to the defined as the net imbalance of buy Within 35 days of the date of Establishment of a New Total (sell) orders at the Indicative Match publication of this notice in the Federal Imbalance Indicator on the Price for all orders that are eligible for Register or within such longer period (i) Archipelago Exchange execution during the Market Order as the Commission may designate up to Auction or the Trading Halt Auction. 90 days of such date if it finds such November 10, 2003. ‘‘Market Imbalance’’ would mean only longer period to be appropriate and I. Introduction the imbalance of any buy (sell) Market publishes its reasons for so finding or Orders that are not matched for (ii) as to which the self-regulatory On September 22, 2003, the Pacific execution during the applicable auction. organization consents, the Commission Exchange, Inc. (‘‘PCX’’) filed with the The PCXE’s current rules governing will: Securities and Exchange Commission the publication of imbalances associated (‘‘Commission’’), pursuant to Section A. by order approve such proposed with its Market Order Auction and 19(b)(1) of the Securities Exchange Act Trading Halt Auction are set forth in rule change, or of 19341 and Rule 19b–4 thereunder,2 a B. institute proceedings to determine PCXE Rule 7.35. During the Market proposed rule change to amend its rules Order Auction and the Trading Halt whether the proposed rule change governing the Archipelago Exchange should be disapproved. Auction, the PCX currently publishes facility (‘‘ArcaEx’’), the equities trading only the unmatched portion of market IV. Solicitation of Comments facility of PCX’s wholly-owned orders (and not limit orders) as the subsidiary, PCX Equities, Inc. (‘‘PCXE’’), Imbalance display. The PCX proposes to Interested persons are invited to in order to add a new Total Imbalance amend PCXE Rules 7.35(c) and 7.35(d) submit written data, views and indicator to its Market Order Auction to establish an indicator that would arguments concerning the foregoing, and Trading Halt auction display. On display the Total Imbalance in addition including whether the proposed rule September 30, 2003, the PCX submitted to the Market Imbalance during the change, as amended, is consistent with Amendment No. 1 to the proposed rule Market Order Auction and Trading Halt the Act. Persons making written 3 change. Notice of the proposed rule Auction. submissions should file six copies change, as amended, was published for thereof with the Secretary, Securities comment in the Federal Register on III. Discussion and Exchange Commission, 450 Fifth October 16, 2003.4 The Commission After careful review, the Commission Street, NW., Washington, DC 20549– received no comments in response to finds that the proposed rule change is 0609. Copies of the submission, all the proposal. This order approves the consistent with Section 6(b) of the Act 8 subsequent amendments, all written PCX’s proposed rule change on an in general and furthers the objectives of statements with respect to the proposed accelerated basis. Section 6(b)(5) of the Act.9 The rule change that are filed with the II. Description Commission believes that the proposal Commission, and all written is designed to promote just and communications relating to the PCX proposes to amend PCXE Rule equitable principles of trade, to facilitate proposed rule change between the 1.1(q) and PCXE Rule 7.35(c) and (d) to transactions in securities, and to remove Commission and any person, other than add a new order imbalance indicator to impediments to and perfect the those that may be withheld from the the information that is displayed during mechanism of a free and open market.10 public in accordance with the The Commission believes that the provisions of 5 U.S.C. 552, will be 1 15 U.S.C. 78s(b)(1). dissemination of the aforementioned available for inspection and copying in 2 17 CFR 240.19b–4. imbalance Indicators will provide ETP the Commission’s Public Reference 3 See letter from Peter D. Bloom, Managing Director, Regulatory Policy, PCX, to Nancy J. Room. Copies of such filing will also be 5 See PCXE Rule 7.35(c). Sanow, Assistant Director, Division of Market 6 available for inspection and copying at Regulation, Commission, dated September 29, 2003 See PCXE Rule 7.35(d). the principal office of the NYSE. All (‘‘Amendment No. 1’’). In Amendment No. 1, the 7 See PCXE Rule 1.1(r). submissions should refer to SR–NYSE– PCX submitted a new Form 19b–4, which replaced 8 15 U.S.C. 78f(b). 2003–21 and should be submitted by the original filing in its entirety. 9 15 U.S.C. 78f(b)(5). December 10, 2003. 4 See Securities Exchange Act Release No. 48603 10 In approving this rule, the Commission notes (October 8, 2003), 68 FR 59661 (SR–PCX–2003–48). that it has considered the proposal’s impact on The 21-day comment period expired on November efficiency, competition, and capital formation. See 13 17 CFR 200.30–3(a)(12). 6, 2003. 15 U.S.C. 78c(f).

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Holders and Sponsored Participants SECURITIES AND EXCHANGE Exchange for a prescribed period of time (collectively ‘‘Users’’) with additional COMMISSION and may be executed in whole or in part information with which to make trading subject to the applicable trading rules of [Release No. 34–48768; File No. SR–PCX– the relevant market center or market decisions during Market Order Auctions 2003–54] and Trading Halt Auctions. participant. [Archipelago Exchange Accordingly, this enhancement should Self-Regulatory Organizations; Notice shall attempt to match the part of the facilitate improved order interaction of Filing of Proposed Rule Change by order that has not been routed away and foster price competition. The the Pacific Exchange, Inc. to Amend against then available trading interest in Commission believes that the proposed PCXE Rule 7.37(d) Relating to Routing the Archipelago Exchange for an rule change will provide a more Orders Away internal fill by following Steps 1 through 4 as set forth in paragraphs (a) transparent and efficient market November 10, 2003. through (c) above.] operation, and will enhance the Pursuant to Section 19(b)(1) of the (i) While an order remains outside the information available to investors. Securities Exchange Act of 1934 Archipelago Exchange, it shall have no The Commission finds good cause for (‘‘Act’’),1 and Rule 19b–4 thereunder,2 time standing, relative to other orders approving the proposed rule change notice is hereby given that on received from Users at the same price prior to the thirtieth day after the date September 25, 2003, the Pacific which may be executed against the Arca of publication of notice in the Federal Exchange, Inc. (‘‘PCX’’ or ‘‘Exchange’’), Book. Register. The Commission believes that through its wholly owned subsidiary (ii) Requests from Users to cancel the proposed rule change will enhance PCX Equities, Inc. (‘‘PCXE’’), filed with their orders while the order is routed the information available to ArcaEx the Securities and Exchange away to another market center or Users to assist them in making Commission (‘‘Commission’’) the market participant and remains outside the Archipelago Exchange shall be investment decisions during the proposed rule change as described in processed, subject to the applicable Opening Session and prior to the re- Items I, II, and III below, which the PCX trading rules of the relevant market opening of trading in a security has prepared. The Commission is publishing this notice to solicit center or market participant. following a trading halt. The (C) [Orders routed to other market Commission further notes that PCX has comments on the proposed rule change from interested persons. centers or market participants shall represented that ArcaEx has already remain outside the Archipelago developed the capability to publish the I. Self-Regulatory Organization’s Exchange for a prescribed time period new Total Imbalance indicator.11 Statement of the Terms of Substance of during which they may be executed (in the Proposed Rule Change whole or in part) or declined. While an IV. Order Granting Accelerated order remains outside the Archipelago Approval The PCX proposes to amend PCXE Rule 7.37(d) relating to the routing of Exchange, it shall have no time For the foregoing reasons, the orders to away market centers or market standing, relative to other orders Commission finds that the proposed participants. The text of the proposed received from Users at the same price rule change is consistent with the rule change appears below. New text is which may be executed against the Arca requirements of the Act and the rules in italics. Deleted text is in brackets. Book. Requests from Users to cancel their orders while the order is routed and regulations thereunder. Moreover, PCX Equities, Inc. away to another market center or market the Commission finds that there is good Rule 7 participant and remains outside the cause to grant accelerated approval to Archipelago Exchange shall be the proposed rule change, as amended. Equities Trading processed, subject to the applicable It is therefore ordered, pursuant to Order Execution trading rules of the relevant market 12 center or market participant.] Section 19(b)(2) of the Act, that the * * * * * proposed rule change, as amended (SR– [(D)] Where an [In the event that a PCX–2003–48), is approved on an Rule 7.37. (a)–(c) No change. marketable] order or portion of an order accelerated basis. (d) Step 5: Routing Away. is routed away [from the Archipelago Exchange to another market center or For the Commission by the Division of (1)–(2)—No change. market participant] and is not executed Market Regulation, pursuant to delegated either in whole or in part [in its entirety] authority.13 (A)(i) The order shall be routed, either in its entirety or as component orders, at the other market center or market Margaret H. McFarland, to another market center or market participant[’s quote] (i.e., all attempts at Deputy Secretary. participant as a limit order equal to the the fill are declined or timed-out), the [FR Doc. 03–28892 Filed 11–18–03; 8:45 am] price and no greater than the size order shall be ranked and displayed in BILLING CODE 8010–01–P [priced at] of the quote published by the the Arca Book in accordance with the market center or market participant. The terms of such order under Rule 7.36 and remaining portion of the order, if any, such order shall be eligible for execution shall be ranked and displayed in the under Rule 7.37. [the Archipelago Arca Book in accordance with the terms Exchange shall attempt to match the of such order under Rule 7.36 and such residual or declined market order order shall be eligible for execution against then available trading interest in under Rule 7.37. the Archipelago Exchange for an (ii)—No change. internal fill by following Steps 1 11 Telephone conversation between Peter Bloom, (B) The order that is routed away through 4 as set forth in paragraphs (a) Regulatory Policy, PCX and Tim Fox, Attorney, shall remain outside the Archipelago through (c) above. Any remaining Commission on October 30, 2003. unmatched trading interest shall be re- 12 15 U.S.C. 78s(b)(2). 1 15 U.S.C. 78s(b)(1). routed to another market center or 13 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4. market participant at the next available

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displayed price level pursuant to this would clarify the size and price of the IV. Solicitation of Comments paragraph (d)(2) above.] routed order. Specifically, the proposed Interested persons are invited to [(E) When routing an order in an rule change designates that orders submit written data, views, and Eligible Security away to another market would be routed at the price and at a arguments concerning the foregoing, center, the Corporation shall utilize size no greater than the size of the quote including whether the proposed rule such electronic intermarket linkages and published at the away market center or change is consistent with the Act. order delivery facilities as may be market participant. Furthermore, the Persons making written submissions approved by the Board of Directors from proposed rule change would clarify that should file six copies thereof with the time to time, subject to such applicable in the case where the order is (i) greater Secretary, Securities and Exchange requirements as may be agreed to with than the away market center’s quote Commission, 450 Fifth Street NW., the relevant market center.] size, or (ii) is unexecuted or canceled by Washington, DC 20549–0609. Copies of [(e) If an order has not been executed the away market center, the remaining in its entirety after following Steps 1–5, the submission, all subsequent portion of the order will be displayed in amendments, all written statements the order shall be ranked in the Arca the ArcaEx Book pursuant to PCXE Rule Book pursuant to Rule 7.36.] with respect to the proposed rule 7.36 and eligible for execution under change that are filed with the * * * * * PCXE Rule 7.37. Commission, and all written II. Self-Regulatory Organization’s (2) Statutory Basis communications relating to the Statement of the Purpose of, and proposed rule change between the Statutory Basis for, the Proposed Rule The PCX believes that this proposal is Commission and any person, other than 5 Change consistent with Section 6(b) of the Act, those that may be withheld from the in general, and furthers the objectives of public in accordance with the In its filing with the Commission, the 6 Section 6(b)(5) , in particular, because provisions of 5 U.S.C. 552, will be PCX included statements concerning the it is designed to promote just and purpose of and basis for the proposed available for inspection and copying in equitable principles of trade, to foster the Commission’s Public Reference rule change and discussed any cooperation and coordination with comments it had received on the Room. Copies of such filings will also be persons engaged in facilitating available for inspection and copying at proposed rule change. The text of these transactions in securities, to remove statements may be examined at the the principal office of the Exchange. All impediments and perfect the submissions should refer to File No. places specified in Item IV below. The mechanisms of a free and open market, PCX has prepared summaries, set forth SR–PCX–2003–54 and should be and to protect investors and the public submitted by December 10, 2003. in sections A, B, and C below, of the interest. most significant aspects of such For the Commission, by the Division of statements. B. Self-Regulatory Organization’s Market Regulation, pursuant to delegated Statement on Burden on Competition authority.7 A. Self-Regulatory Organization’s Margaret H. McFarland, Statement of the Purpose of, and The PCX does not believe that the Statutory Basis for, Proposed Rule proposed rule change will impose any Deputy Secretary. Change burden on competition that is not [FR Doc. 03–28896 Filed 11–18–03; 8:45 am] necessary or appropriate in furtherance BILLING CODE 8010–01–P (1) Purpose of the purposes of the Act. To clarify language with respect to order execution on the Archipelago C. Self-Regulatory Organization’s SMALL BUSINESS ADMINISTRATION Exchange (‘‘ArcaEx’’) facility, the PCX Statement on Comments on the proposes to modify PCXE Rule 7.37(d) Proposed Rule Change Received from [Declaration of Disaster #3556] Members, Participants, or Others relating to the routing of orders to away State of Texas market centers or market participants.3 The PCX neither solicited nor This modification does not seek to received written comments on the Hidalgo County and the contiguous change ArcaEx’s current functionality, proposed rule change. counties of Brooks, Cameron, Kenedy, but rather to clarify its existing Starr and Willacy in the State of Texas functionality. III. Date of Effectiveness of the constitute a disaster area due to Currently, PCXE Rule 7.37(d) Proposed Rule Change and Timing for excessive rain and flooding that describes the process for orders that are Commission Action occurred September 18 through October routed outside the Archipelago Within 35 days of the date of 20, 2003. Applications for loans for Exchange. The rule states that orders publication of this notice in the Federal physical damage as a result of this will be routed to the extent they have Register or within such longer period (i) disaster may be filed until the close of not been executed in their entirety as the Commission may designate up to business on January 12, 2004 and for subject to PCXE Rules 7.37(a) through 90 days of such date if it finds such economic injury until the close of (c) and are not designated as a certain business on August 12, 2004 at the 4 longer period to be appropriate and order type. The proposed rule change publishes its reasons for so finding, or address listed below or other locally (ii) as to which the PCX consents, the announced locations: U.S. Small 3 The fifth step of the ArcaEx execution algorithm Commission will: Business Administration, Disaster Area involves routing orders away to other market 3 Office, 14925 Kingsport Road, Fort centers or market participants. This will occur if A. by order approve such proposed there are no opportunities to match an order within rule change; or Worth, TX 76155–2243. ArcaEx, or to access the best price available in the The interest rates are: market. Routing is available only to those ETP B. institute proceedings to determine Holders who have entered into a Routing whether the proposed rule change Percent Agreement. See PCXE Rule 7.37(d). should be disapproved. 4 PCXE Rule 7.37(d) states that orders designated For Physical Damage: as Fill-or-Return, Fill-or-Return Plus, or Post No Preference (‘‘PNP’’) will be canceled without being 5 15 U.S.C. 78f(b). routed to another market participant. 6 15 U.S.C. 78f(b)(5). 7 17 CFR 200.30–3(a)(12).

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Percent ACTION: Notice of availability of e. A good command of the English proposed advisory circular AC 183–35K, language, both oral and written is Homeowners With Credit Avail- and request for comments. required. able Elsewhere ...... 5.125% f. Applicants applying for this new Homeowners Without Credit SUMMARY: This notice announces the function code must be thoroughly Available Elsewhere ...... 2.562 availability of and requests comments familiar with the appropriate chapters of Businesses With Credit Avail- on a proposed advisory circular, FAA Order 8300.10, Airworthiness able Elsewhere ...... 6.199 Advisory Circular (AC) 183–35K, Inspectors Handbook, and have Businesses and Non-Profit Or- Airworthiness Designee Information, ganizations Without Credit satisfactorily completed on-the-job Available Elsewhere ...... 3.100 that announces a new Function Code training from the local Certificate Others (Including Non-Profit Orga- 49, Aging Airplane: Inspection and Holding Office. nizations) with Credit Available Records Review. Function Code 49 will g. Selected applicants must have Elsewhere ...... 5.500 allow a Designated Airworthiness specific knowledge in airplane For Economic Injury: Representative (DAR) or the structures and airplane corrosion. Other Businesses and Small Agricul- Organizational Designated training will be required through the tural Cooperatives Without Representative (ODAR) to conduct FAA Directives system as determined by Credit Available Elsewhere ... 3.100 ‘‘* * * structural spot inspections and the Administrator. focused records reviews. * * *’’ The number assigned to this disaster required by the Aging Airplane Safety Specialized Requirements for physical damage is 355606 and for Rules (14 CFR parts 121, 129, and 135, A DAR or ODAR applicant for the economic injury the number is 9X8300. sections 121.368, 129.33, 135.422, or Aging Airplane: Inspection and Review (Catalog of Federal Domestic Assistance 135.423). (For more information function code 49 must meet the Program Nos. 59002 and 59008) regarding Function Code 49, see the following specialized experience. Dated: November 12, 2003. paragraph entitled ‘‘Qualifications.’’) Individuals who are to perform Hector V. Barreto, This AC also provides information authorized functions under an ODAR Administrator. regarding Internet access for FAA need only meet the specialized [FR Doc. 03–28867 Filed 11–18–03; 8:45 am] directives, a designee directory, and the experience required for the specific BILLING CODE 8025–01–P Designee Web Site. This AC also function to be performed. provides guidance concerning designee DAR Applicants application, authorized functions, and SMALL BUSINESS ADMINISTRATION initial and subsequent certificates of (1) DAR applicants must have 5 years authority for Designated Manufacturing of Structural Spot Inspection and Air- [Declaration of Disaster #3546] Inspection Representatives (DMIR), Carrier Records Review experience as an Commonwealth of Virginia Designated Airworthiness FAA airworthiness maintenance (Amendment #4) Representatives (DAR), Organizational inspector. These applicants must have Designated Airworthiness experience on the same type and In accordance with a notice received Representatives (ODAR), Data complexity of airplane for which the from the Department of Homeland Management Designated Airworthiness authorization is sought, a current Security—Federal Emergency Representatives (MDAR), Designated airman certificate with both Airframe Management Agency, effective Alteration Stations (DAS), and Powerplant ratings, or November 13, 2003, the above manufacturing organizations with a (2) The applicants must possess numbered declaration is hereby Delegation Option Authorization (DOA), advanced airplane maintenance amended to extend the deadline for and organizations authorized under the experience at the level of supervisor/ filing applications for physical damages provisions of Special Federal Aviation lead in structural inspections and as a result of this disaster to December Regulations (SFAR) No. 36. airplane records review leading to an 8, 2003. ‘‘approval for return to service.’’ All other information remains the Qualifications (Examples would include Chief same, i.e., the deadline for filing DAR and ODAR applicants must meet Inspector or Director of Maintenance at applications for economic injury is June applicable general and specialized an FAA-approved repair station or at the 18, 2004. experience listed below. facility of the holder of an air-carrier certificate.) The applicant must hold a (Catalog of Federal Domestic Assistance General Requirements Program Nos. 59002 and 59008) current airman certificate with Airframe Dated: November 13, 2003. a. Applicants must be proficient in and Powerplant ratings or an Herbert L. Mitchell, and have current and thorough working appropriate repairman’s certificate with knowledge of Title 14 of the Code of Associate Administrator for Disaster the proper qualifications and skills, and Assistance. Federal Regulations (14 CFRs), FAA the ability to determine maintenance, Directives, and other related materials. [FR Doc. 03–28866 Filed 11–18–03; 8:45 am] repairs, alterations, and operational b. Applicants must have checks on airplanes are in accordance BILLING CODE 8025–01–P unquestionable integrity, a cooperative with FAA regulations. attitude, and the ability to exercise sound judgment. ODAR Applicants DEPARTMENT OF TRANSPORTATION c. Applicants must have the ability to An ODAR applicant must be: maintain the highest degree of (1) The holder of a Certified Repair Federal Aviation Administration objectivity while performing authorized Station under part 145 with the Proposed Advisory Circular 183–35K, functions on behalf of the FAA. appropriate class ratings, or Airworthiness Designee Information d. These applicants must have 5 years (2) An air-carrier certified under parts of experience as a quality auditor 121, 129, or 135. Both must have AGENCY: Federal Aviation involved in airplane structural person(s) certificated under part 65 in Administration (FAA), DOT. inspections and records review. its employ that meet the qualifications

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specified in paragraphs ‘‘a.’’ through DEPARTMENT OF TRANSPORTATION p.m., Monday through Friday, except ‘‘g.’’ under General Requirements. The Federal Holidays. collective technical and management Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: Tim experience of the authorized [Summary Notice No. PE–2003–66] Adams (202) 267–8033, Sandy representatives must pertain to the type Buchanan-Sumter (202) 267–7271, of authorizations sought. Petitions for Exemption; Summary of Office of Rulemaking (ARM–1), Federal Petitions Received; Dispositions of Aviation Administration, 800 DATES: Comments must be received on Petitions Issued Independence Avenue, SW., or before December 1, 2003. Washington, DC 20591. AGENCY: Federal Aviation ADDRESSES: This notice is published pursuant to If possible, please submit Administration (FAA), DOT. your comments electronically to John M 14 CFR 11.85 and 11.91. ACTION: Rice/AMC/FAA. Otherwise, send all Notice of petitions for Issued in Washington, DC on November 10, exemption received and of dispositions comments on the proposed AC to: FAA, 2003. of prior petitions. Attention: Mr. John M. Rice, AFS–640, Donald P. Byrne, P.O. Box 25082, Oklahoma City, OK SUMMARY: Pursuant to FAA’s rulemaking Assistant Chief Counsel for Regulations. 73125. Comments may be inspected at provisions governing the application, Petitions for Exemption the above address between 7:30 and 4 processing, and disposition of petitions Docket No.: FAA–2003–16072. p.m. weekdays, except Federal holidays. for exemption part 11 of Title 14, Code Petitioner: Alaska Air Carriers All comments should contain the name of Federal Regulations (14 CFR), this Association. and telephone number of the individual notice contains a summary of certain Section of 14 CFR Affected: 14 CFR or company making the comment, the petitions seeking relief from specified 61.3(a) and (c), 121.383(a)(2), and paragraph and page number that the requirements of 14 CFR, dispositions of 135.243. comment references, the reason for certain petitions previously received, Description of Relief Sought: To comment, and the recommended and corrections. The purpose of this permit air carriers that are members of resolution. notice is to improve the public’s the Alaska Air Carriers Association to awareness of, and participation in, this issue its flight crewmembers written FOR FURTHER INFORMATION CONTACT: aspect of FAA’s regulatory activities. confirmation of an individual FAA- FAA, Attention: Mr. John M. Rice, AFS– Neither publication of this notice nor issued crewmember certificate based 640, PO Box 25082, Oklahoma City, OK the inclusion or omission of information upon information in that air carrier’s 73125, telephone (405) 954–6484, fax: in the summary is intended to affect the approved record system. legal status of any petition or its final (405) 954–4748. [FR Doc. 03–28817 Filed 11–18–03; 8:45 am] disposition. SUPPLEMENTARY INFORMATION: Interested BILLING CODE 4910–13–P persons are invited to comment on the DATES: Comments on petitions received proposed AC by submitting such written must identify the petition docket data, views, or arguments as they may number involved and must be received DEPARTMENT OF TRANSPORTATION on or before December 9, 2003. desire. Commenters should identify AC Federal Aviation Administration 183–35K and submit comments, in ADDRESSES: You may submit comments duplicate, to the address specified [identified by DOT DMS Docket Number [Summary Notice No. PE–2003–65] above. All communications received on FAA–200X–XXXXX] by any of the following methods: Petitions for Exemption; Dispositions or before the closing data for comments • of Petitions Issued will be considered by the Regulatory Web site: http://dms.dot.gov. Follow the instructions for submitting Support Division before issuing the final AGENCY: Federal Aviation comments on the DOT electronic docket AC. The proposed AC can be found and Administration (FAA), DOT. site. downloaded from the Internet at http:/ • ACTION: Notice of dispositions of prior Fax: 1–202–493–2251. petitions. /av-info.faa.gov/dst/reference.htm and • Mail: Docket Management Facility; taking the following steps: Select U.S. Department of Transportation, 400 SUMMARY: Pursuant to FAA’s rulemaking ‘‘Advisory Circulars,’’ next scroll down Seventh Street, SW., Nassif Building, provisions governing the application, to and select ‘‘Draft AC 183–35K.’’ A Room PL–401, Washington, DC 20590- processing, and disposition of petitions paper copy of the proposed AC may be 001. for exemption part 11 of Title 14, Code obtained by contacting the person • Hand Delivery: Room PL–401 on of Federal Regulations (14 CFR), this named above under the caption FOR the plaza level of the Nassif Building, notice contains the dispositions of FURTHER INFORMATION CONTACT. 400 Seventh Street, SW., Washington, certain petitions previously received. Issued in Oklahoma City, Oklahoma, on DC, between 9 a.m. and 5 p.m., Monday The purpose of this notice is to improve November 12, 2003. through Friday, except Federal the public’s awareness of, and participation in, this aspect of FAA’s Joseph K. Tintera, Holidays. • Federal eRulemaking Portal: Go to regulatory activities. Neither publication Manager, Regulatory Support Division. http://www.regulations.gov. Follow the of this notice nor the inclusion or [FR Doc. 03–28819 Filed 11–18–03; 8:45 am] online instructions for submitting omission of information in the summary BILLING CODE 4910–13–P comments. is intended to affect the legal status of Docket: For access to the docket to any petition or its final disposition. read background documents or FOR FURTHER INFORMATION CONTACT: comments received, go to http:// Caren Centorelli, Office of Rulemaking dms.dot.gov at any time or to Room PL– (ARM–1), Federal Aviation 401 on the plaza level of the Nassif Administration, 800 Independence Building, 400 Seventh Street, SW., Avenue, SW., Washington, DC 20591. Washington, DC between 9 a.m. and 5 Tel. (202) 267–8199.

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This notice is published pursuant to in triplicate to the FAA at the following Security Enhancements. 14 CFR 11.85 and 11.91. address: Ms. Lori Ledebohm, Acquire Land for Runway 2–20 Issued in Washington, DC on November 10, Community Planner/PFC Contact, Primary Surface, Phase I and Phase II. 2003. Harrisburg Airports District Office, 3905 Improve Snow Removal Building. Donald P. Byrne, Hartzdale Drive, Suite 508, Camp Hill, Improve Runways 2–20, Runway Safety Areas, Phase I, Environmental & Assistant Chief Counsel for Regulations. PA 17011. In addition, one copy of any Design. Dispositions of Petitions comments submitted to the FAA must Expand South Hangar Apron, Phase I Docket No.: FAA–2002–14013. be mailed or delivered to Charles E. Environmental & Design. Petitioner: EMBRAER Empresa Pillar, Jr. C.M. of Blair County Airport ARFF Gear, Fire Retardant Clothing/ Brasileira de Aerona´utica S.A. Authority at the following address: 2 SCBA’s. Section of 14 CFR Affected: 14 CFR Airport Drive, Martinsburg, Class or classes of air carriers which 25.841(a)(2)(ii), Amendment 25–87. Pennsylvania 16662. the public agency has requested not be Description of Relief Sought/ Air carriers and foreign air carriers required to collect PFCs: Part 135 Disposition: To permit EMBRAER, for may submit copies of written comments Charter Operators. the Model ERJ–170 series airplanes, to previously provided to Blair County Any person may inspect the be relieved of the requirement that the Airport Authority under section 158.23 application in person at the FAA office airplane cabin altitude during a of part 158. listed above under FOR FURTHER decompression be limited to 40,000 feet FOR FURTHER INFORMATION CONTACT: Lori INFORMATION CONTACT and at the FAA for any duration. Ledebohm, Community Planner/PFC regional Airports office located at: Grant, 10/24/2003, Exemption No. contact, Harrisburg Airports District Eastern Region, Airports Division, AEA– 8160. Office, 3905 Hartzdale Drive, Suite 508, 610, 1 Aviation Place, Jamaica, New Docket No.: FAA–2003–15575. Camp Hill, PA 17011, 717–730–2835. York 11434. Petitioner: Associated Air Center. The application may be reviewed in In addition, any person may, upon Section of 14 CFR Affected: 14 CFR person at this same location. request, inspect the application, notice 25.785(d) and 25.813(e). and other documents germane to the SUPPLEMENTARY INFORMATION: The FAA Description of Relief Sought/ application in person at Blair County proposes to rule and invites public Disposition: To provide relief from the Airport Authority. requirements of § 25.785(d), amendment comment on the application to impose, and impose and use the revenue from a Issued in Camp Hill, PA, on November 5, 25–32, that requires a firm handhold be 2003. provided in the aisles and § 25.813(e), PFC at University Park Airport under Lori Ledebohm, amendment 25–46, to allow installation the provisions of the 49 U.S.C. 40117 of interior doors between passenger and part 158 of the Federal Aviation PFC Coordinator, Harrisburg Airports District Office, Eastern Region. compartments, on the Boeing model Regulations (14 CFR part 158). 767–200, serial number 33685. On October 3, 2004, the FAA [FR Doc. 03–28826 Filed 11–18–03; 8:45 am] Grant, 10/17/2003, Exemption determined that the application to BILLING CODE 4910–13–M No.8157. impose, and impose and use the revenue from a PFC submitted by Blair [FR Doc. 03–28818 Filed 11–18–03; 8:45 am] County Airport Authority was DEPARTMENT OF TRANSPORTATION BILLING CODE 4910–13–P substantially complete within the requirements of section 158.25 of Part Surface Transportation Board 158. The FAA will approve or [STB Finance Docket No. 34410] DEPARTMENT OF TRANSPORTATION disapprove the application, in whole or Buffalo & Pittsburgh Railroad, Inc.— Federal Aviation Administration in part, no later than January 2, 2004. The following is a brief overview of Acquisition and Operation Notice of Intent To Rule on Application the application. Exemption—CSX Transportation, Inc. Proposed charge effective date: 03–04–C–00–AOO To Impose, and AGENCY: Surface Transportation Board. Impose and Use the Revenue From a January 1, 2004. ACTION: Notice of exemption. Passenger Facility Charge (PFC) at Proposed charge expiration date: Altoona-Blair County Airport, January 31, 2008. SUMMARY: Under 49 U.S.C. 10502, the Martinsburg, PA Level of the proposed PFC: $3.00. Board is granting a petition for Total estimated PFC revenue: exemption from the prior approval AGENCY: Federal Aviation $232,460. Administration (FAA), DOT. requirements of 49 U.S.C. 10902 for Brief description of proposed Buffalo & Pittsburgh Railroad, Inc. ACTION: Notice of intent to rule on project(s): (BPR), a Class II carrier, to acquire from application. Impose Only CSX Transportation, Inc. (CSXT) and to operate a 16.82-mile line of railroad SUMMARY: The FAA proposes to rule and Extend Runway 12–30 Phase I, between Creekside and Homer City, PA. invites public comment on the Design, and Conduct Environmental application to impose, and impose and Assessment Study, Phase II. DATES: The exemption will be effective use the revenue from a PFC at Altoona- on December 19, 2003. Petitions to stay Blair County Airport under the Impose and Use must be filed by December 1, 2003. provisions of the 49 U.S.C. 40117 and Develop PFC Program and PFC Petitions to reopen must be filed by part 158 of the Federal Aviation Application. December 9, 2003. Regulations (14 CFR part 158). Construct Aircraft Rescue and Fire ADDRESSES: An original and 10 copies of DATES: Comments must be received on Fighting Building. all pleadings referring to STB Finance or before December 19, 2003. Rehabilitate T-hangar Taxilane and Docket No. 34410 must be filed with the ADDRESSES: Comments on this Terminal Apron. Surface Transportation Board, 1925 K application may be mailed or delivered Acquire Snow Removal Equipment. Street, NW., Washington, DC 20423–

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0001. In addition, one copy of all FOR FURTHER INFORMATION CONTACT: SUMMARY: The Department of the pleadings must be served on petitioner’s Requests for additional information or Treasury, as part of its continuing effort representative, Eric M. Hocky, Gollatz, copies of the form(s) and instructions to reduce paperwork and respondent Griffin & Ewing, P.C., Suite 200, Four should be directed to Donald James, burden, invites the general public and Penn Center, 1600 John F. Kennedy Alcohol and Tobacco Tax and Trade other Federal agencies to take this Blvd., Philadelphia, PA 19103–2808. Bureau, 550 Main Street, Room 8002, opportunity to comment on proposed FOR FURTHER INFORMATION CONTACT: Cincinnati, OH 45202; 513–684–3531. and/or continuing information Joseph H. Dettmar, (202) 565–1609. SUPPLEMENTARY INFORMATION: collections, as required by the [Assistance for the hearing impaired is Title: Pay.gov User Agreement. Paperwork Reduction Act of 1995, Pub. available through the Federal OMB Number: New Collection. L. 104–13 (44 U.S.C. 3506(c)(2)(A)). Information Relay Service (FIRS) at 1– Recordkeeping Requirement ID Currently, the Alcohol and Tobacco Tax 800–877–8339.] Number: To be determined. and Trade Bureau, within the Abstract: The Pay.gov User SUPPLEMENTARY INFORMATION: Department of the Treasury, is soliciting Agreement will be used to identify, comments concerning the Tobacco Additional information is contained in validate, approve, and register qualified the Board’s decision. Copies of the Products Manufacturers—Notice for users to allow for submission of Tobacco Products, TTB REC 5210/12 decision may be purchased from Da¯ 2 electronic forms using the Pay.gov Da¯ Legal Copy Service by calling (202) and Records of Operations, TTB REC System. 5210/1. 293–7776 (assistance for the hearing Current Actions: This is a new DATES: impaired is available through FIRS at 1– collection. Written comments should be 800–877–8339) or by visiting Suite 405, Type of Review: New collection. received on or before January 20, 2004 1925 K Street, NW., Washington, DC Affected Public: Business or other for- to be assured of consideration. 20006. profit. ADDRESSES: Direct all written comments Board decisions and notices are Estimated Number of Respondents: to Sandra L. Turner, Alcohol and available on our Web site at ‘‘http:// 5800. Tobacco Tax and Trade Bureau, 1310 G www.stb.dot.gov.’’ Estimated Total Annual Burden Street, NW., Washington, DC 20005; Hours: 483. Decided: November 12, 2003. phone 202–927–8210. By the Board, Chairman Nober. Request for Comments FOR FURTHER INFORMATION CONTACT: Vernon A. Williams, Requests for additional information or Comments submitted in response to copies of the form(s) and instructions Secretary. this notice will be summarized and/or should be directed to Sandra L. Turner, included in the request for OMB [FR Doc. 03–28754 Filed 11–18–03; 8:45 am] Alcohol and Tobacco Tax and Trade approval. All comments will become a BILLING CODE 4915–00–P Bureau, 1310 G Street, NW., matter of public record. Comments are Washington, DC 20005, 202–927–8210. invited on: (a) Whether the collection of information is necessary for the proper SUPPLEMENTARY INFORMATION: DEPARTMENT OF THE TREASURY performance of the functions of the Title: Tobacco Products agency, including whether the Manufacturers—Notice for Tobacco Alcohol and Tobacco Tax and Trade Products, TTB REC 5210/12 and Bureau information shall have practical utility; (b) the accuracy of the agency’s estimate Records of Operations, TTB REC 5210/ 1. Proposed Collection; Comment of the burden of the collection of information; (c) ways to enhance the OMB Number: 1513–0091. Request Recordkeeping Requirement ID quality, utility, and clarity of the Number: TTB REC 5210/12 and TTB ACTION: Notice and request for information to be collected; (d) ways to REC 5210/1. minimize the burden of the collection of comments. Abstract: Tobacco products information on respondents, including manufacturers maintain a record system SUMMARY: The Department of the through the use of automated collection showing tobacco and tobacco product Treasury, as part of its continuing effort techniques or other forms of information receipts, production and dispositions to reduce paperwork and respondent technology; and (e) estimates of capital which support removals subject to tax; burden, invites the general public and or start-up costs and costs of operation, transfers in bond; and inventory other Federal agencies to take this maintenance, and purchase of services records. These records are vital to tax opportunity to comment on proposed to provide information. and/or continuing information enforcement. Dated: November 5, 2003. collections, as required by the Current Actions: There are no changes Paperwork Reduction Act of 1995, Pub. William H. Foster, to this information collection and it is L. 104–13 (44 U.S.C. 3506(c)(2)(A)). Chief, Regulations and Procedures Division. being submitted for extension purposes Currently, the Alcohol and Tobacco Tax [FR Doc. 03–28897 Filed 11–18–03; 8:45 am] only. and Trade Bureau, within the BILLING CODE 4810–13–P Type of Review: Extension. Department of the Treasury, is soliciting Affected Public: Business or other for- comments concerning the ‘‘Pay.gov User profit. Agreement.’’ DEPARTMENT OF THE TREASURY Estimated Number of Respondents: 108. DATES: Written comments should be Alcohol and Tobacco Tax and Trade Estimated Total Annual Burden received on or before January 20, 2004 Bureau Hours: One (1). to be assured of consideration. ADDRESSES: Direct all written comments Proposed Collection; Comment Request for Comments to Donald James, Alcohol and Tobacco Request Comments submitted in response to Tax and Trade Bureau, 550 Main Street, this notice will be summarized and/or ACTION: Notice and request for Room 8002, Cincinnati, OH 45202; included in the request for OMB comments. phone 513–684–3531. approval. All comments will become a

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matter of public record. Comments are Bureau, 1310 G Street, NW., DEPARTMENT OF THE TREASURY invited on: (a) Whether the collection of Washington, DC 20005; 202–927–8210. information is necessary for the proper Fiscal Service SUPPLEMENTARY INFORMATION: performance of the functions of the agency, including whether the Title: Recordkeeping for Tobacco Surety Companies Acceptable on information shall have practical utility; Products and Cigarette Papers Brought Federal Bonds: Name Change—Planet (b) the accuracy of the agency’s estimate from Puerto Rico to the U.S. Indemnity Company of the burden of the collection of OMB Number: 1513–0108. AGENCY: Financial Management Service, information; (c) ways to enhance the Fiscal Service, Department of the quality, utility, and clarity of the Recordkeeping Requirement ID Number: None. Treasury. information to be collected; (d) ways to ACTION: Notice. minimize the burden of the collection of Abstract: The prescribed records information on respondents, including apply to persons who ship tobacco SUMMARY: This is Supplement No. 3 to through the use of automated collection products or cigarette papers or tubes the Treasury Department Circular 570; techniques or other forms of information from Puerto Rico to the United States. 2003 Revision, published July 1, 2003, technology; and (e) estimates of capital These records verify that the amount of at 68 FR 39186. or start-up costs and costs of operation, taxes to be paid and if required, that the FOR FURTHER INFORMATION CONTACT: maintenance, and purchase of services bond is sufficient to cover unpaid Surety Bond Branch at (202) 874–6775. to provide information. liabilities. SUPPLEMENTARY INFORMATION: PLANET Dated: November 5, 2003. Current Actions: There are no changes INDEMNITY COMPANY, an Illinois William H. Foster, to this information collection and it is corporation, has formally changed its Chief, Regulations and Procedures Division. being submitted for extension purposes name to RLI Indemnity Company, [FR Doc. 03–28898 Filed 11–18–03; 8:45 am] only. effective October 1, 2003. The Company BILLING CODE 4810–13–P was last listed as an acceptable surety Type of Review: Extension. on Federal bonds at 68 FR 39216, July Affected Public: Business or other for- 1, 2003. DEPARTMENT OF THE TREASURY profit. A Certificate of Authority as an Estimated Number of Respondents: 4. acceptable surety on Federal bonds, Alcohol and Tobacco Tax and Trade dated today, is hereby issued under Bureau Estimated Total Annual Burden Sections 9304 to 9308 of Title 31 of the Hours: One (1). United States Code, to RLI Indemnity Proposed Collection; Comment Request for Comments Company, Peoria, Illinois.This new Request Certificate replaces the Certificate of Comments submitted in response to Authority issued to the Company under ACTION: Notice and request for this notice will be summarized and/or its former name. The underwriting comments. included in the request for OMB limitation of $3,054,000 established for approval. All comments will become a the Company as of July 1, 2003, remains SUMMARY: The Department of the matter of public record. Comments are unchanged until June 30, 2004. Treasury, as part of its continuing effort invited on: (a) Whether the collection of Certificates of Authority expire on to reduce paperwork and respondent information is necessary for the proper June 30, each year, unless revoked prior burden, invites the general public and performance of the functions of the to that date. The Certificates are subject other Federal agencies to take this to subsequent annual renewal as long as opportunity to comment on proposed agency, including whether the information shall have practical utility; the Company remains qualified (31 CFR, and/or continuing information part 223). A list of qualified companies (b) the accuracy of the agency’s estimate collections, as required by the is published annually as of July 1, in the of the burden of the collection of Paperwork Reduction Act of 1995, Pub. Department Circular 570, which information; (c) ways to enhance the L. 104–13 (44 U.S.C. 3506(c)(2)(A)). outlines details as to underwriting Currently, the Alcohol and Tobacco Tax quality, utility, and clarity of the limitations, areas in which licensed to and Trade Bureau, within the information to be collected; (d) ways to transact surety business and other Department of the Treasury, is soliciting minimize the burden of the collection of information. Federal bond-approving comments concerning the information on respondents, including officers should annotate their reference Recordkeeping for Tobacco Products through the use of automated collection copies of the Treasury Circular 570, and Cigarette Papers Brought from techniques or other forms of information 2003 Revision, at page 39217 to reflect Puerto Rico to the U.S. technology; and (e) estimates of capital this change. DATES: Written comments should be or start-up costs and costs of operation, The Circular may be viewed and received on or before January 20, 2004 maintenance, and purchase of services downloaded through the Internet at to be assured of consideration. to provide information. http://www.fms.treas.gov/c570. A hard copy may be purchased from the ADDRESSES: Dated: November 5, 2003. Direct all written comments Government Printing Office (GPO), to Sandra L. Turner, Alcohol and William H. Foster, Subscription Service, Washington, DC, Tobacco Tax and Trade Bureau, 1310 G Chief, Regulations and Procedures Division. telephone (202) 512–1800. When Street, NW., Washington, DC 20005; [FR Doc. 03–28899 Filed 11–18–03; 8:45 am] ordering the Circular from GPO, use the phone 202–927–8210. BILLING CODE 4810–31–P following stock number: 769–004– FOR FURTHER INFORMATION CONTACT: 04643–2. Requests for additional information or Questions concerning this notice may copies of the form(s) and instructions be directed to the U.S. Department of should be directed to Sandra L. Turner, the Treasury, Financial Management Alcohol and Tobacco Tax and Trade Service, Financial Accounting and

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Services Division, Surety Bond Branch, 1545–14499’’ is corrected to read OMB DEPARTMENT OF THE TREASURY 3700 East-West Highway, Room 6F07, Number: 1545–1449’’. Hyattsville, MD 20782. Internal Revenue Service Cynthia E. Grigsby, Dated: November 12, 2003. Acting Chief, Publications and Regulations Open meeting of the Area 6 Taxpayer Wanda J. Rogers, Branch, Legal Processing Division, Associate Advocacy Panel (including the states Chief Counsel, (Procedure and Director, Financial Accounting and Services of Alaska, Arizona, Colorado, Hawaii, Division, Financial Management Service. Administration). Idaho, Montana, New Mexico, Nevada, [FR Doc. 03–28871 Filed 11–18–03; 8:45 am] [FR Doc. 03–28922 Filed 11–18–03; 8:45 am] Oregon, Washington and Wyoming) BILLING CODE 4810–35–M BILLING CODE 4830–01–P AGENCY: Internal Revenue Service (IRS) DEPARTMENT OF THE TREASURY DEPARTMENT OF THE TREASURY Treasury. ACTION: Notice. Internal Revenue Service Internal Revenue Service Open Meeting of the Joint Committee SUMMARY: An open meeting of the Area [IA–57–94] of the Taxpayer Advocacy Panel 6 Taxpayer Advocacy Panel will be conducted (via teleconference). The Proposed Collection: Comment AGENCY: Internal Revenue Service (IRS) Taxpayer Advocacy Panel (TAP) is Request for Regulation Project; Treasury. soliciting public comments, ideas, and Correction ACTION: Notice. suggestions on improving customer AGENCY: Internal Revenue Service (IRS), SUMMARY: An open meeting of the Joint service at the Internal Revenue Service. Treasury. Committee of the Taxpayer Advocacy The TAP will use citizen input to make ACTION: Correction to notice and request Panel will be conducted via recommendations to the Internal for comments. teleconference. Revenue Service. DATES: The meeting will be held DATES: The meeting will be held SUMMARY: This document contains a Tuesday, December 16, 2003, at 1:30 Monday, December 15, 2003. correction to a notice and request for p.m., Eastern standard time. comments, which was published in the FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Federal Register on Monday September Barbara Toy at 1–888–912–1227, or Anne Gruber at 1–888–912–1227, or 22, 2003 (68 FR 55101). This notice 414–297–1611. 206–220–6096. relates to a comment request on SUPPLEMENTARY INFORMATION: Notice is proposed and/or continuing information SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section hereby given pursuant to Section collections, as required by the 10(a)(2) of the Federal Advisory Paperwork Reduction Act of 1995, 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) Committee Act, 5 U.S.C. App. (1988) Public Law 104–13 (44 U.S.C. 3506 that an open meeting of the Joint (c)(2)(A)). that an open meeting of the Area 6 Committee of the Taxpayer Advocacy Taxpayer Advocacy Panel will be held Panel (TAP) will be held Tuesday, FOR FURTHER INFORMATION CONTACT: Monday, December 15, 2003 from 2 pm December 16, 2003, from 1:30 to 3 pm Allan Hopkins, (202) 622–6665 (not a Pacific Time to 4 pm Pacific Time via toll free number). Eastern standard time via a telephone conference call. If you would like to a telephone conference call. The public SUPPLEMENTARY INFORMATION: have the Joint Committee of TAP is invited to make oral comments. Background consider a written statement, please call Individual comments will be limited to 1–888–912–1227 or 414–297–1611, or 5 minutes. If you would like to have the This notice and request for comments write Barbara Toy, TAP Office, MS– TAP consider a written statement, that is the subject of the correction is 1006–MIL, 310 West Wisconsin Avenue, please call 1–888–912–1227 or 206– required by the Paperwork Reduction Milwaukee, WI 53203–2221, or FAX to 220–6096, or write to Judi Nicholas, Act of 1995, Public Law 104–13(44 414–297–1623. Due to limited TAP Office, 915 2nd Avenue, MS W– U.S.C. 3506 (c)(2)(A)). conference lines, notification of intent 406, Seattle, WA 98174. Due to limited Need for Correction to participate in the telephone conference lines, notification of intent conference call meeting must be made As published, the comment request to participate in the telephone with Barbara Toy. Ms. Toy can be for Regulation Project (IA–57–94) conference call meeting must be made reached at 1–888–912–1227 or 414– contains an error which may prove to be with Judi Nicholas. Ms. Nicholas can be 297–1611, or FAX 414–297–1623. misleading and is in need of reached at 1–888–912–1227 or 206– The agenda will include the 220–6096. clarification. following: monthly committee summary Correction of Publication report, discussion of issues brought to The agenda will include the the joint committee, office report and following: Various IRS issues. Accordingly, the publication of the discussion of next meeting. Dated: November 6, 2003. comment request for Regulation Project, (IA–57–94), which was the subject of FR Dated: November 4, 2003. Sandra L. McQuin, Doc. 03–24137, is corrected as follows: Sandy McQuin, Acting Director, Taxpayer Advocacy Panel. On page 55101, column 2, under the Acting Director, Taxpayer Advocacy Panel. [FR Doc. 03–28924 Filed 11–18–03; 8:45 am] caption SUPPLEMENTARY INFORMATION:, [FR Doc. 03–28923 Filed 11–18–03; 8:45 am] BILLING CODE 4830–01–P line 2, the language ‘‘OMB Number: BILLING CODE 4830–01–P

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Corrections Federal Register Vol. 68, No. 223

Wednesday, November 19, 2003

This section of the FEDERAL REGISTER the 27th line from the bottom,‘‘(ii)’’ November 7, 2003, make the following contains editorial corrections of previously should be the beginning of a new corrections: published Presidential, Rule, Proposed Rule, paragraph. and Notice documents. These corrections are 2. On the same page, in the same §426.410 [Corrected] prepared by the Office of the Federal section, in the same column, in the 1. On page 63719, in the third Register. Agency prepared corrections are same paragraph, in the 14th line from issued as signed documents and appear in column, under §426.410(a), the fifth line the appropriate document categories the bottom, should read, ‘‘(1) Dockets the ‘‘$800,000 xx $1,000,000’’ elsewhere in the issue. complaint.’’ should read, ‘‘$800,000 x $1,000,000’’. 2. On the same page, in the same column, in the same section, the sixth [FR Doc. C3–18484 Filed 11–18–03; 8:45 am] DEPARTMENT OF THE TREASURY line should read, ‘‘(2) Determines BILLING CODE 1505–01–D whether the complaint is—.’’ Internal Revenue Service [FR Doc. C3–27742 Filed 11–18–03; 8:45 am] 26 CFR Part 1 DEPARTMENT OF HEALTH AND BILLING CODE 1505–01–D HUMAN SERVICES [REG–128203–02] RIN 1545–BA81 Centers for Medicare & Medicaid Services Partnership Transactions Involving Long-Term Contracts 42 CFR Part 426 Correction [CMS–3063–F] In proposed rule document 03–18484 RIN 0938–AK60 beginning on page 46516 in the issue of Wednesday, August 6, 2003, make the Medicare Program: Review of National following corrections: Coverage Determinations and Local Coverage Determinations § 1.460–4 [Corrected] 1. On page 46523, in § 1.460– Correction 4(k)(5)(iv), in the third column, in In rule document 03–27742 beginning Example 11, in the first paragraph, in on page 63692 in the issue of Friday,

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Part II

Postal Rate Commission 39 CFR Part 3001 Periodic Reporting Rule; Final Rule

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POSTAL RATE COMMISSION certain relevant financial and operating • Between general rate cases, if the reports prepared for Postal Service CRA shows that cross-subsidy or other 39 CFR Part 3001 management. The process will be rate inequity exists, affected parties will further streamlined by promptly have a basis for asking the Commission [Docket No. RM2003–3; Order No. 1386] providing the Commission and the to hold a hearing to investigate the Periodic Reporting Rule interested public with access to the matter and fashion a remedy under standard, routinely prepared cost and § 3662. AGENCY: Postal Rate Commission. revenue data that serve as the basis for • Between general rate cases, if the ACTION: Final rule. rate and classification requests. CRA shows that costs are shifting in One of the key reports that the Postal ways that call current classifications SUMMARY: The Commission is adopting Service currently submits each year is into question, the Commission will have a final rule that updates the periodic the Cost and Revenue Analysis (CRA). It a basis for initiating a classification reporting regulations. These regulations contains the Postal Service’s cost, hearing to investigate the matter and identify the data and information the volume, and revenue estimates for the fashion a remedy under § 3623. Postal Service is to file with the most recently completed fiscal year, • Between general rate cases, parties Commission on a regular, ongoing basis. both in total, and by individual product. looking to propose alternative models of The final rule differs from the proposed Because the postal system has a high postal cost behavior in future rate cases rule in several important respects. The proportion of shared costs, it is difficult will be able to analyze data that reflects Commission has narrowed or eliminated to estimate the costs that each product current postal operations. some filing requirements and has causes. The CRA that the Postal Service Seven parties filed comments in incorporated some flexibility in meeting submits under the current rule estimates response to the Commission’s proposal other requirements. Adoption of these unit costs caused by each product, but to update the Periodic Reporting Rule. changes should facilitate the public’s does not provide documentation All but the Postal Service support the ability to more readily grasp the showing how those estimates were rule. They note that a general rate filing quantitative basis and support for Postal derived. Consequently, it is of limited typically consists of thousands of pages Service proposals. value in identifying trends in product of highly technical testimony and computer material. They complain that DATES: Effective December 19, 2003. costs, or in analyzing their causes, which are core issues in rate and the Postal Service takes whatever ‘‘lead FOR FURTHER INFORMATION CONTACT: classification cases. time’’ it needs to prepare such filings, Stephen L. Sharfman, General Counsel, Under the existing Periodic Reporting whereas they have no lead time to react 202–789–6820. Rule, the Postal Service has been to it and prepare alternatives. They SUPPLEMENTARY INFORMATION: providing some information about how argue that this makes it extremely Regulatory History it derives unit product costs (primarily difficult for them to comprehend the in the mail processing and Postal Service’s case and to present 68 FR 2272 (Thursday, January 16, transportation areas.) The updated alternatives in the brief hearing time 2003) Periodic Reporting Rule adopted in this available. They argue that having access Executive Summary order asks the Postal Service to do this to a more thoroughly documented CRA for all of its 20 cost segments. will help to ‘‘level the playing field’’ in When the Postal Service requests a For each cost segment, the updated rate litigation. general rate increase it supports the Periodic Reporting Rule asks the Postal The Postal Service objects that by request with estimates of how much Service to provide the basic datasets requiring it to provide some supporting each of its products costs, and how that it uses to estimate unit product documentation for the CRA reports that much revenue it needs. The validity of costs, and identify any new estimating it issues between rate cases, the updated these estimates are central issues in the technique it applies to those data to Periodic Reporting Rule would impose hearings that the Commission holds to derive the unit cost estimates in the a burden equivalent to a rate case review the request. Tens of thousands of CRA. Having this information filed each presentation every year. It also argues pages of economic testimony and year, rather than waiting for the Postal that by requiring it to disclose the costs documentation, most of it highly Service to provide it in a general rate of its various products each year, the technical, are offered to support raising case, should produce the following updated Rule would jeopardize the almost $70 billion in annual revenue benefits: competitiveness of its products. from over 200 postal products. • When the Postal Service files a The update is consistent with the The Postal Service and interested general rate case, litigants and the main purpose of the current rule, which members of the public have the right to Commission will already be familiar has always been to expedite the present a case in support of the rates with the standard cost and revenue processing of general rate cases, and to that they advocate, and the right to reports on which much of the case is allow research into postal cost, volume, challenge the cases presented by others. based. This should reduce the need for and revenue behavior to continue The Commission must develop discovery, and make it possible to between rate cases. The information recommended rates based on the record shorten hearings. required by the updated rule also will within a ten-month statutory deadline. • When the Postal Service files facilitate the Commission’s statutory Most participants agree that this requests for experimental duties to hear complaint cases and to severely compressed process strains classifications, market tests, or initiate classification cases, regardless of their resources to the limit. The negotiated service agreements, litigants whether a Postal Service rate request is Commission also reviews Postal Service and the Commission should be able to pending. requests for experimental rates or evaluate them more quickly. The Commission finds that complying classifications in even more compressed • Between general rate cases, the with the updated rule should not add time frames. Commission and the public will be able significantly to the Postal Service’s The Commission has a Periodic to analyze the accuracy of the cost, regulatory burden, since the Postal Reporting Rule to facilitate this process. volume, and revenue projections on Service annually prepares almost all of It requires the Postal Service to provide which current rates are based. this material for its own purposes. The

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Postal Service’s own estimates indicate General Accounting Office and the National Association of Greeting Card that under normal circumstances President’s Commission on the Postal Publishers v. USPS (NAGCP IV), 462 complying with the updated rule would Service. U.S. 810, 833 (1983). As a practical involve only a tiny fraction of the Joint comments on the NPR were matter, however, most of the methods resources that it devotes to preparing a received from the American Bankers used to attribute postal costs to the general rate filing. Association and the National classes of mail originate with the Postal With respect to potential competitive Association of Presort Mailers (ABA/ Service. This is because it controls the harm, the Commission believes that NAPM). Comments were also received cost, volume, and revenue data and history shows that there is little cause from American Business Media (ABM), determines for itself what estimating for concern. The Postal Service annually the Greeting Card Association (GCA), techniques it will use to compile its disclosed the information required by the Office of the Consumer Advocate periodic financial reports. It also the updated rule for six years (FY 1995 (OCA), United Parcel Service (UPS) and controls almost all of the data that will though FY 2000) with no indication that the Postal Service. The OCA and UPS be used in rate, classification, and competitive harm resulted. proposed additional changes that the complaint cases. Between cases it The revised rule also is consistent Commission has decided not to include decides for itself what techniques will with recent reports by the President’s in the final rule. be applied to the data and incorporated Commission on the Postal Service and The Purposes of the Final Rule into its Cost and Revenue Analysis the General Accounting Office that (CRA) report. Its CRA has become a conclude that greater Postal Service The final rule calls for the periodic massively intricate, partially financial transparency is necessary. submission of financial information that documented, automated cost attribution is routinely prepared for postal engine that most interested participants I. Introduction management between omnibus rate cannot fathom, duplicate, or develop On January 8, 2003, the Commission cases. This information does not relate realistic alternatives to, in the narrow issued a notice of proposed rulemaking directly to a particular revenue litigation window available to them. (NPR) in this docket proposing to requirement or set of proposed rates, The difficulty in deciphering the CRA in update its Periodic Reporting Rule (39 and none of the information that it seeks the time allotted has profound due CFR § 3001.102). PRC Order No. 1358; about the Postal Service’s financial process implications, since the CRA 68 FR 2272–2275, Thursday, January 16, estimation process relates to the inevitably provides the methodological 2003. Rule 102 contains a list of reports justification for or merits of that process. baseline for Postal Service rate and and documentation that the Postal The data and the estimation-process classification requests. Service is required to provide on an information that the rule requires shed Because the data sources and ongoing basis to the Commission on its light on the ratemaking process in a estimating techniques that the Postal generic sense, and will improve the financial condition and operating Service incorporates into its CRA ability of the Commission to process results. Since its inception in 1976, the change unpredictably, the ‘‘state of the future rate, classification, and complaint objective of the Periodic Reporting Rule art’’ is a moving target to the outside cases within the tight deadlines has been to ensure that the Commission world. Neither the Commission nor the imposed by the Postal Reorganization and the interested public have access to interested public can competently Act and the Commission’s own current financial data and operating interpret the results presented in the administrative rules. The information results that are routinely reported to Postal Service’s routine financial sought will also help the affected public Postal Service management. This brings reports, because they have no way to to participate more meaningfully in a number of important benefits to the distinguish between what appear to be such cases. The rule seeks routinely changes in cost, volume, and revenue ratemaking process. These benefits were generated reports that disclose the mentioned briefly in the NPR, and are behavior, from changes in the methods Postal Service’s current financial that the Postal Service uses to measure discussed in more depth in this notice. condition, allow operating and financial The NPR observed that the list of that behavior. Changes in data sources, trends to be identified as they unfold, or changes in estimation technique can financial reports covered by the Periodic and allow the Commission and the Reporting Rule has not changed since have large impacts on the attributable public to test the validity of methods by cost estimates in the CRA, as the recent the mid-1980s, even though the nature which the Commission estimated the of the reports that the Postal Service history of carrier street time attribution costs, volumes, and revenues upon demonstrates. The Commission’s rules routinely produces to inform which current rates are based. If the require the Postal Service to provide management of its financial and Commission and the affected public detailed documentation in rate cases of operating results have evolved have evaluated this financial the changes that it proposes in cost substantially over that time. This final background information prior to the estimating procedures, and allows for rule updates the list of required periodic filing of a case, it is likely that they will discovery. Between rate cases, however, reports and documentation to reflect the not have to spend a substantial part of there is no way for the outside world to increasingly sophisticated financial the brief time allotted for litigating the know what the state of the art in cost information 1 regularly produced by the case trying to ‘‘get up to speed’’ on the attribution is. Postal Service and the improved ability issues related to the Postal Service’s To overcome this problem, the of the Commission and the public to routine financial reports. Periodic Reporting Rule will now understand and benefit from such The rule also seeks to permit the require the Postal Service to identify all reporting. The final rule is consistent Commission to stay informed on the changes made since its most recent with the goal of greater financial ‘‘state of the art’’ procedures by which omnibus rate request to the data sources transparency for the Postal Service that the Postal Service currently attributes and estimation techniques used to has recently been recommended by the costs. Under the current regulatory produce the CRA, and to provide scheme, the Commission is the expert enough supporting material to allow the 1 Throughout this order references to ‘‘financial information’’ include cost, volume, and revenue body with the ultimate say on what Commission and the affected public to information in aggregate, and for individual methods should be used to attribute understand these changes. This products, unless a narrower meaning is indicated. postal costs to classes of mail. See provides at least some basis for

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understanding and evaluating the operations. Providing these datasets mail processing costs, and (3) all other estimates summarized in the CRA, and between omnibus rate cases facilitates processing programs that have changed provides some insight into the likely the functioning of the Act because it since the most recently completed causes of the trends discerned in these allows potential intervenors sufficient omnibus rate case. See proposed Rule summary figures. time to develop alternative techniques. 102(a), Attachment to the NPR, at page The Commission will be able to use In omnibus rate cases, and in the 1 of 4. The final rule narrows the first the information contained in adequately various proceedings that are litigated general class of files to input datasets documented periodic reports to decide under the Commission’s expedited that have changed since the last general whether it should institute a rules, intervenors are generally unable rate case. It deletes the second general classification case. Likewise, a customer to develop alternative models of postal category of files, and retains the third or a competitor will be able to use cost or volume behavior within the general category. Under the final rule, information gained from adequately compressed litigation window provided. datasets that have not changed, such as documented periodic reports to Because the Postal Service has custody those from already-documented special determine whether rates are in violation of virtually all of the relevant data, it studies, need not be provided. of the policies of the Act and whether has an unlimited opportunity to develop Similarly, under the final rule, a complaint should be filed with the such models. This imbalance is a basic processing programs used to attribute Commission. Both are functions that the flaw in the functioning of the Act, mail processing costs that have not Act authorizes the Commission and the which presumes that all interested changed need not be provided. See final public to perform whether or not the parties to a hearing will be afforded Rule 102(a)(1). Postal Service is litigating an omnibus adequate due process and procedural The final rule is more flexible than rate request. The Commission, fairness. If intervenors do not have the the proposed rule with respect to customers, and competitors of the Postal basic data with which to develop datasets and processing programs that Service cannot make adequately models between rate or classification have been used for the first time to informed decisions to invoke these cases, their right to present an opposing produce the CRA. If the Postal Service provisions of the Act between omnibus case in a rate hearing is unnecessarily uses an estimation technique based on rate cases if they cannot competently limited and more theoretical than real. a new special study, the Postal Service interpret or evaluate the Postal Service’s By requiring that the basic datasets used may, under the final rule, choose to routine financial reports. to produce the Postal Service’s routine provide the Commission and the More important, the partial financial reports be made available to interested public with a short written documentation of periodic reports that others between rate cases, the updated narrative, or an oral briefing on that the rule requires facilitates the rule helps restore basic due process technique. The narrative or briefing processing of future rate, classification, rights to intervenors who wish to should describe the data, the variables, or complaint cases because it gives the develop alternative cost, volume, and and the analytical method used (such as Commission and the affected public revenue estimating procedures on the regression equation used). The some hope of keeping current with the which to base rates. purpose of the presentation would be to ‘‘state of the art’’ by which the Postal explain how the method was applied. Differences Between the Proposed Rule Service attributes costs to the classes of The Postal Service may reserve its right and the Final Rule mail. The rule does not require the to discuss the merits of its new method Postal Service to explain or justify the The Postal Service argues that relative to alternative methods in the changes that it has made to its cost releasing enough information between context of a formal hearing. After the attribution engine, but it requires the omnibus rate cases to allow its routine written or oral presentation, the Postal Postal Service to disclose changes to the financial reports to be evaluated, or Service may request a waiver of the mechanical process by which that enough data to allow others to develop requirement that input data and engine attributes costs. This will allow alternative models of cost or volume processing programs used to apply the the Commission and the interested behavior, subverts, rather than new method be provided. If the public to identify what the Postal facilitates the intended functioning of presentation is sufficient to allow others Service’s current CRA does, if not why the Act. It seems to interpret the Postal to understand how the estimates it does it. By staying informed of what Reorganization Act to grant it immunity affected by the new method were the Postal Service’s current cost from such activity between omnibus obtained, the requirement that the attribution engine actually does, the rate cases. The Postal Service is Postal Service provide the input data Commission and the interested public primarily concerned about documenting and processing programs used may be will be able to respond more quickly to its annual CRA report, complaining that waived. See final Rule 102(a)(1)(ii).2 an omnibus rate request, or to a case the rule would require it to provide as In its NPR, the Commission noted that filed by the Postal Service under much supporting documentation for it there are significant differences between expedited rules, because they will not as it provides in support of an omnibus the methods used by the Commission have to spend a substantial portion of rate case. In order to meet the Postal and the Postal Service to attribute mail the available litigation window Service objections to the additional processing costs to subclasses of mail. It reacquiring this necessary expertise. burden that the updated rule would also noted that the methods that the The Periodic Reporting Rule requires impose, the Commission has pared back the Postal Service to provide the basic its requirements to the minimum that 2 The Postal Service did not analyze specific datasets that it uses to produce its will still serve the basic purposes of the language of the proposed rule in its substantive financial estimates in the CRA between rule. The Commission has also comments. It complained generally, however, that the proposed rule is ‘‘broadly worded,’’ and cited cases. Public access to current datasets incorporated some additional flexibility this as one ground for concluding that it would between rate cases is needed because in meeting the requirements of the rule. require it to provide documentation that is they are the raw material that others The proposed rule required the Postal comparable to an omnibus rate case in its ‘‘scale must have if they are to develop their Service to provide three general classes and scope.’’ Substantive Comments of the United States Postal Service (July 2, 2003) at 4, 22. own cost attribution, volume of files used to produce the current Presumably it was referring to proposed paragraph forecasting, or revenue forecasting year’s CRA—(1) all input datasets, (2) all 102(a)(1), since the remaining language in the rule techniques that reflect current processing programs used to attribute is quite specific.

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Postal Service uses to attribute mail Report). Title files containing the conference. See PRC Order No. 1363. At processing costs are in greater flux than categories of mail and special services the end of that period, the Postal Service in other segments. The Commission felt that are reported in the CRA, and the then requested an additional five weeks that this made it harder to determine titles of all 1,600 components in the to file its substantive comments so that whether the Postal Service has correctly USPS CRA cost matrix, should be its staff could confer with its Board of applied PRC-approved methods in provided. (All of this material was Governors. updating the Cost and Revenue provided in just eight of the over 100 Toward the end of that period, the Analysis-PRC Version. Accordingly, in files that made up USPS–LR–J–6 in Postal Service urged that it not be its NPR, the Commission proposed that Docket No. R2001–1.) The printouts of required to file its comments until well the Postal Service include with the CRA the CRA and the Cost Segment and after July 31, 2003, the date on which all of the processing programs that it Components report should be included, the report of the President’s used to attribute mail processing costs. as has been customary under the rule. Commission on the Postal Service was NPR at 4–5. Despite these complicating (3) The output data file for the In- due. It asserted that the proposed factors, the Commission has decided not Office Cost System (IOCS). (This was update had major ramifications for the to require more complete found in file PRC00.SD2 in USPS–LR– Postal Service and Commission, its documentation of the attribution of mail J–10 in Docket No. R2001–1). prerogatives as a litigant in rate cases, processing costs than of other costs, in (4) The Segment 3 accrued cost pools. and the confidentiality of its order to reduce the Postal Service’s (These were found in USPS–LR–J–55, commercially sensitive information. It burden in complying with the Periodic Table 1, in Docket No. R2001–1). argued that these issues should not be Reporting Rule. (5) Equipment and facility-related cost addressed until after the In addition to requiring the Postal spreadsheets. These three spreadsheets recommendations of the President’s Service to provide input data and show the equipment variabilities for Commission were made public. The processing programs that have changed equipment maintenance labor costs, report of the President’s Commission, it since the most recently completed equipment parts and supplies, and said, would provide the appropriate general rate case, the final rule requires capital interest costs by type of context for discussing these issues. that the Postal Service provide the mechanized operation. The Motion of the United States Postal spreadsheet workpapers (the ‘‘B spreadsheets also develop the inputs for Service for Further Extension of Time to workpapers’’) that show how the CRA the components that determine the File Comments, June 6, 2003, at 2–3. was developed. See final Rule space and space-related separations for General Views of the Commenters 102(a)(1)(i). There are so many links and some facility-related costs, such as interactions built into these custodial, fuel and utilities, and rents. Apart from the Postal Service, all of spreadsheets that an effort to separately The inputs are data from the special those commenting on the NPR have identify portions that have changed facility studies and other maintenance participated as intervenors in omnibus from portions that have not is databases. (In Docket No. R2001–1, rate cases. They agree that the proposed impractical. They are so essential to these files were identified as updates would improve their ability to understanding how the summary FY00equip.xls, Facilt.xls, and understand and respond to an omnibus estimates in the CRA were obtained that equipvar.xls, and were sponsored by rate filing in the time allotted. They they need to be provided as an witness Smith.) argue that with the increasing integrated whole. (6) Output data file for the City Carrier complexity of the Postal Service’s Therefore, under the final rule, given Cost System (CCCS). (This was omnibus rate filings, the ‘‘playing field’’ current costing methods, documentation identified as ‘‘cityz.sd2’’ in USPS–LR–J– has become tilted heavily in favor of the of the CRA should include the 12 in Docket No. R2001–1.) Postal Service. They argue that they following: (7) Output data file for the Rural have so little time to understand and (1) Spreadsheets supporting the CRA. Carrier Cost System (RCCS). (This was react to the tens of thousands pages of (The ‘‘B’’ workpapers. In Docket No. provided as the ‘‘z’’ folder in USPS–LR– data and documentation that support R2001–1 these were found in USPS–LR– J–13 in Docket No. R2001–1). the Postal Service’s rate filing that they J–57. These should include the (8) The National Mail Count for rural cannot digest it all and respond to it in workpapers for Segment 14, and the carriers. the time allowed. They say that by Alaska Air Adjustment, that have having access to enough data and customarily been provided under the Procedural History of the Rule documentation to understand how the rule.) This rulemaking has had an unusual Postal Service’s routine financial reports (2) The CRA model. This should procedural history. The NPR was issued are put together each year, they will be include the files usually provided on January 8, 2003. It allowed less likely to be overwhelmed when the during an omnibus rate case to allow for approximately a month for filing public Postal Service files an omnibus rate the replication of all of the operations comments and two weeks to file reply request that employs similar types of used by the Postal Service’s COBOL comments—the standard period for information. The intervenors also point CRA/Rollforward programs. These these procedures. The NPR proposed out that under the regulatory structure include the Manual Input Matrix, the that part of the required information be of the Postal Reorganization Act, the ‘‘A’’ report matrix, and the ‘‘C’’ report provided in a PC-compatible format, Commission is required to make matrix. The files that contain the and suggested that an informal technical independent recommendations on operating ‘‘control strings,’’ that is, the conference be held if the Postal Service postal rates under the severe time instructions to the computer model that anticipated problems complying with pressures imposed by the Act. To be distribute the indirect costs to classes this requirement. At the Postal Service’s adequately prepared to process an and subclasses of mail, should be request, a technical conference was held omnibus postal service rate filing under included. These files are usually named on March 11, 2003. Afterward, the these difficult conditions, they argue, ‘‘A,’’ ‘‘B,’’ ‘‘C,’’ ‘‘D,’’ and ‘‘F.’’ They Postal Service was given three weeks to the Commission must maintain its represent the instructions to the model file substantive comments on the expertise on postal cost systems and for the development of the ‘‘A’’ report proposed update that reflected the financial forecasting between rate cases. and the ‘‘B’’ report (Factor Development information gained at the technical In order to do this, they say, the

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Commission must have enough rate-case style documentation between Response to PRC Order No. 141 information to determine what data and rate cases. It argues that this will (December 7, 1976) at 2. For 27 years, methods the Postal Service is currently infringe upon management’s statutory the Postal Service supplied the type of using to produce its routine financial right not to concern itself with rate information called for by the rule reports. issues between rate cases, and will without suggesting that its objectives The Postal Service does not deny that infringe on management’s duty to were in violation of the Act. providing the routinely compiled manage. Id. at 21–23. It contends that The vast majority of the information financial information called for by the most of the CRA documentation updated rule would give the required by the rule has commercial previously required by the Periodic Commission and the intervenors the value which the Commission would be Reporting Rule has been willingly ability to respond to Postal Service rate unwilling or unable to protect from provided by the Postal Service. It filings more quickly and more public disclosure. Id. at 31–32. Finally, accepted the modest additional burden competently. In fact, this appears to be it argues, by seeking basic information of providing such information if it was its main objection to the updated rule. needed to understand and analyze the likely to provide useful background It contends that this would upset the CRA, the Commission is seeking to information for processing future cases. statutory ‘‘balance’’ between it and the preempt the legislative reform process It raised objections to only a few items, remaining players in the postal that the President entrusted to the sometimes arguing that an item should regulatory scheme. Commission on the Postal Service. Id. at not be included in the rule because it The Postal Service understands that 20. was not information ‘‘which could be when it withholds this information until As the Postal Service now interprets employed for rate purposes.’’ Id. at 4. it files a rate case, participants must the Act, between the rate cases that it The views that the Postal Service has spend so much of the 10-month period files, the intervenors must avoid actions expressed in this rulemaking are the that is available to litigate a rate case or thoughts that might relate to future converse of its traditional view of the reading and comprehending it that they rate or classification cases. Otherwise, rule. Where it had traditionally have little time to prepare alternative the argument goes, they will nullify the considered items to be appropriate for rate proposals in response. The Postal litigation advantages that the Postal inclusion in the rule only if they ‘‘could Service does not consider this to be Service enjoys under the Act. Similarly, be employed for rate purposes,’’ it now inconsistent with the Act. It emphasizes the Postal Service argues, the considers items to be inappropriate for that the Act makes it the sole initiator Commission must refrain from actions inclusion in the rule precisely because of rate cases. In its view, this allows it and thoughts that might help it prepare they ‘‘could be employed for rate to take all the time that it needs to for future rate or classification cases. purposes.’’ prepare for litigation, and allows the Otherwise, its collective mind will Commission and the intervenors none. become contaminated. The updated The Commission did not include an It insists that this procedural advantage rule, the Postal Service contends, seeks elaborate justification for the update of is intended by the Act, and that it may to circumvent these constraints that it the Periodic Reporting Rule in its NPR withhold whatever financial infers from the structure of the Act. Id. because it did not think that one would information it wishes between rate cases at 15–17. be necessary. The Commission assumed in order to preserve it. It denies that it The Postal Service’s portrayal of the that the additional burden on the Postal has any obligation to provide updated rule as a newly-hatched plot by Service of complying with the rule information between cases that would the Commission to circumvent the Act would be minor because the updated facilitate the Commission’s performance disregards the history of the Periodic rule asks for only a small fraction of the of its functions during those cases, or Reporting Rule. As explained in more information that the Postal Service would make it easier for intervenors or detail below, the updated rule meets the provides with an omnibus rate filing. Of the public to comprehend or respond to same standards, and is designed to that small fraction, most is prepared its filings within the time constraints accomplish the same objectives, as the each year by the Postal Service anyway, imposed by the statute. Substantive original rule adopted 27 years ago by the either to produce its own CRA, or to Comments at 15–17, 33–36. Commission. At that time, the comply with rule 103. The Postal The Postal Service argues that since Commission explained that the rule had Service’s right to litigate the merits of its the Act does not give the Commission two main objectives: (1) to accelerate the procedures in a formal hearing is not any meaningful function to perform discovery process during future rate and infringed by the rule because the between rate cases, the Commission has classification hearings, and (2) to enable information required by the updated no legitimate need for financial all those in the postal regulatory arena, rule does not address the merits of, or information during these interim including the Commission and the periods. Therefore, it reasons, the intervenors, to study postal cost justification for, the procedures that the Commission has no legitimate motive behavior between rate cases in order to Postal Service uses to produce its CRA. for seeking access to financial improve the attribution of costs during The Commission assumed that the information between rate cases. It rate cases. commercial sensitivity of the concludes that the Commission can only What is novel with this rulemaking is information would not be a significant have ulterior motives for seeking the Postal Service’s interpretation of the issue because the updated rule would information between rate cases, e.g., to Act as mandating that the flow of require the types of information that the conduct annual audits and financial information cease between rate Postal Service has, in the past, freely investigations of the Postal Service, to cases. This runs counter to the Postal disclosed to the public, both during and gain ‘‘oversight responsibility,’’ and to Service’s historic view that periodic between omnibus rate cases. Because indulge in ‘‘day-to-day monitoring of reporting of financial data between rate the Postal Service now challenges these [its] detailed operations and finances.’’ cases, while not mandated by the Act, assumptions, and misinterprets the Id. at 7, 11, 19, 22. is a legitimate way to make the Commission’s motives for proposing Besides serving ulterior motives, the processing of future cases more efficient these updates, the Commission will Postal Service complains that the by reducing the need for discovery. provide a detailed justification of the updated rule would force it to prepare Docket No. RM76–5, Postal Service updated rule.

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II. The Relationship of the Updated monopoly over letter mail, at least Commission recommends that the Postal Periodic Reporting Rule to Legislative initially, and give it great flexibility to Regulatory Board have the authority to Reform set rates for competitive products. The request accurate and complete financial President’s Commission, however, made information from the Postal Service, The Relevance of the President’s including through the use of subpoena it clear that the price for combining Commission on Postal Service powers, if necessary, to obtain a thorough monopoly power with pricing discretion and reliable snapshot of Postal Service The Postal Service has chosen to over competitive products would be operations. depict the update to the Commission’s greatly strengthened regulatory At page 67, the report concludes: Periodic Reporting Rule as an attempt to oversight and accountability, entrusted fundamentally alter the ‘‘balance of to a new Postal Regulatory Board. First Where the Postal Service participates in power’’ that the Act strikes between the on the list of duties entrusted to the new markets also served by private industry, effective oversight is essential to ensure that Postal Service and the Commission, Board would be the duty to ‘‘ensure the focusing almost all of its arguments on monopoly revenues are not manipulated to financial transparency of the Postal the benefit of the Postal Service’s competitive the CRA documentation that the rule Service.’’ Report of the President’s offerings. For this reason, the Commission requires. Substantive Comments at 20. Commission on Postal Service, issued recommends that the Postal Service The other commenters share the July 31, 2003, at 53. The report periodically report on the allocation of costs Commission’s view that the updated elaborates, at page 66: among all products and services in Periodic Reporting Rule is a legitimate, accordance with form, content and timing restrained exercise of its § 3603 The Commission believes that the Postal requirements determined by the Postal Service has a responsibility to the public to Regulatory Board. [Emphasis added.] authority under the Act whose effect is be transparent in its financial reporting. to only modestly increase the regularity Given its important public mission and The guidance provided by the with which the Postal Service would central role in the nation’s economy, changes President’s Commission could hardly be otherwise disclose this information. in Postal Service economic health should not more direct in its support of the Based on the false premise that the come as a surprise to those responsible for or approach taken by the updated Periodic rule attempts to rewrite the Act, the impacted by its performance. Reporting Rule. Indeed, the report of the Postal Service criticizes the * * * * * President’s Commission recommends Commission’s decision to go ahead with As a unifying force in American commerce going much further in mandating the update, rather than wait for the dust and society, and as a customer-financed transparency both in general, and in the from the President’s Commission on government endeavor, the Postal Service should be setting the standard for financial area of rate regulation. The Commission, Postal Service to settle. The President’s however, is aware that the report of the Commission was organized in transparency by which all other Federal entities are judged. While the Postal Service President’s Commission is only relevant December, 2002, and was charged with does, in many respects, conduct financial to the extent that its recommendations recommending a solution to what reporting over and above what is required of are enacted into law. This may never appeared to be the Postal Service’s Federal agencies, it remains behind the level happen, or may take years to stagnating volumes and mounting of disclosure offered by its corporate peers. accomplish. The Postal Rate losses. The Postal Rate Commission [Emphasis in original.] Commission’s proposal to update its proposed to update its rule in January And at page 68: Periodic Reporting Rule was conceived 2003, one month after the President’s In addition to SEC-like reporting, the independently of the President’s Commission began its work. At that Commission recommends that the Board of Commission, whose recommendations time, nothing was known about the Directors be required to submit annually a had not yet been formulated. The direction that the recommendations of detailed report to the Postal Regulatory Board Commission’s motive in persevering on the financial viability of the institution, the President’s Commission might take. with its proposal was not to steer the Due to a series of Postal Service providing both significant financial insights legislative reform effort in any particular requests for extensions of time to as well as adequate explanation of related direction, or to trump it. The comment on the proposed updates, the trends. The report should adhere to the ’no surprises’ rule, ensuring that any major Commission motive was, and is, to rulemaking was still pending in June of changes to the fiscal health of the institution make the existing regulatory regime this year. At that time, the Postal are widely understood in advance, so more effective in achieving the Service asked the Commission to appropriate responses can be anticipated and objectives Congress set out for it. suspend this rulemaking until after the generated. The Commission further report of the President’s Commission recommends that this report be made The Report of the General Accounting was due to be issued, apparently so that available to the public. Office the recommendations in that report The new Postal Regulatory Board On November 13, 2002, the General could guide the deliberations of this would be empowered to set baseline Accounting Office issued a report rulemaking. With the unanimous rates and price caps for non-competitive entitled ‘‘U.S. Postal Service Actions to support of all of the other commenters, services, and empowered to review rates Improve Its Financial Reporting.’’ GAO– the Commission declined the Postal for competitive products to ensure that 03–26R Postal Financial Reporting. The Service’s request for such a lengthy, they are not cross-subsidized by non- report found that the Postal Service’s additional delay, and ordered the Postal competitive products. The Board would financial reporting lacked the necessary Service to file its substantive comments. complete reviews of competitive transparency in general, and that its The Postal Service responded with some product prices in 60 days. In order to periodic reporting, in particular, was indignation, accusing the Commission make this streamlined rate regulation inadequate. At page 12 of the report, it of, in effect, attempting to trump the possible, the report recommends, at states: legislative reform effort. Id. at 19–20. page 69: One of the dominant themes in the * * * it is clear from recently publicized report of the President’s Commission is For the Postal Regulatory Board to ensure problems in financial reporting that more financial transparency and make fully detailed information and transparency are the need for greater transparency of informed determinations on issues from rate called for by both Congress and the public. Postal Service operations and finances. ceilings to cross-subsidies, it must have Such transparency is critical for the Service Its proposed regulatory scheme would access to the most reliable and current because of the importance of its financial allow the Postal Service to retain its information possible. For this reason, the situation and the implications for

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stakeholders in making their own financial ‘‘functional’’ cost components. Under these circumstances, even with plans. These factors help support (Functional costs are viewed as the voluminous documentation stakeholders’ need for timely, accurate, and economic costs). Costs in the various provided by the Postal Service during complete financial information that is functional components are analyzed to provided on a consistent basis. omnibus rate cases, much of the process see how they vary with mail volume. by which it produces its CRA has, of At page 14, it continues: The volume variable part is then necessity, been accepted on faith by We acknowledge that the Postal Service distributed to subclasses according to intervenors and the Commission. provides a significant amount of information piece counts or other ‘‘distribution Since the methods that the Postal in its rate case filings; however, this keys’’ that imply subclass causation. Service uses to produce the CRA information is provided only for rate-setting The Postal Service’s estimates of the continually evolve in minor, and purposes, and rate cases are not filed on a costs and revenues generated by each sometimes major, ways, the CRA regular cycle. Thus, rate case information subclass of mail are derived from the presents a ‘‘moving target’’ for outside does not provide stakeholders timely intricate rules that it uses to convert its information about the Service’s current analysts. Each time an omnibus rate financial condition and changes to its accounting costs to functional costs, request is filed, those on the outside of expected outlook. apply variability percentages to the CRA development process (the * * * * * functional costs, and distribute the Commission and affected public) As we noted, however, these periodic variable portion to subclasses. When struggle to grasp these procedures and financial reports do not clearly explain submitted in rate cases, these are the track their evolution. Even though this changes in its financial condition, outlook, baseline estimates underlying the rate task can consume a majority of the 10- and results of operations, and have not proposals made by the Postal Service. month period that the Act allots for always been readily available to the public. With some adjustments, CRA estimates processing a rate case, it must be Apart from the Postal Service, there also provide the basis of the rate completed before the intervenors and appears to be a public consensus on the proposals of the intervenors, and the the Commission can effectively evaluate need for more complete periodic rate recommendations of the or respond to the Postal Service’s rate financial disclosure. Commission. proposals. When the Postal Service files an To mitigate this problem, the III. The Need for Updating the Periodic omnibus rate request, it includes Commission implemented its Periodic Reporting Rule spreadsheets and computer programs Reporting Rule in 1976. At that time it A. The History of the Rule that contain the CRA’s conversion, explained the purposes of the rule and attribution, and distribution rules. This the policies underlying its decision Historically, during omnibus rate is its ‘‘cost attribution engine’’ described cases, the Postal Service has attempted about what the rule should contain as earlier in this order. These rules and follows: to support its rate requests with input their interactions are exceedingly data, spreadsheets, and documentation complex. The input data, and the Currently, a majority of the data which the Commission receives from the United States that is sufficiently detailed and processing programs and spreadsheets complete to allow the behavior of postal Postal Service (Postal Service) is obtained showing how such rules are applied to only when a rate request is pending before costs, revenues, and volumes to be the data, occupy the equivalent of tens the Commission. The present requirements of evaluated and understood by the of thousands of printed pages. rule 54 (39 CFR 3001.54) and the interested public. Typically, several Documentation of the myriad Commission’s regulations relating to years elapse between rate cases. During component parts of the process by interrogatory procedures and the discovery those intervals, the Postal Service has which the CRA is produced is process have enabled the Commission and provided the Commission and the fragmentary. There is no single, the participants in rate proceedings to obtain public with summary financial reports coherent narrative explanation of the much of the data required to evaluate a that it generates at regular intervals for process to which an outside analyst request for increased postage rates and fees. use by postal management. It has However, the existing method of obtaining could turn to understand, evaluate, and data, especially as regards discovery and the included documentation of significant offer alternatives to the Postal Service’s interrogatory process, is necessarily portions of those reports in response to CRA. An outside analyst must rely conducted on an ad hoc basis and is subject the Periodic Reporting Rule. The primarily on a detailed study of to all the pressures and exigencies of a rate portion provided has been a small processing program code and case environment. If the Commission is to subset of the kind of documentation that spreadsheet algorithms in order to better fulfill its statutory responsibilities- the Postal Service provides during an discover how the CRA is developed. particularly with respect to the Postal omnibus rate case. The analyst must make test runs Reorganization Act’s directive that we As noted, most of the Postal Service’s replicating this largely automated expedite our proceedings consistent with objections to the updated rule are to the process to confirm that his or her procedural fairness to the parties appearing requirement that the Postal Service in them [39 U.S.C. 3624(b)]—it must be preliminary understanding of it is continually and fully familiar with these provide the input data and correct. The expertise necessary to data. To do this the Commission believes that documentation that it uses to prepare its evaluate the methods by which the it must improve the present method of annual CRA report. Substantive Postal Service produces the CRA, or to obtaining data from the Service. Comments at 2. Each year this report develop alternatives to it, must be At the present time, the Commission is summarizes, at the most general level, accumulated over many years. Despite aware of the existence of a number of reports the results of the Postal Service’s attempts over the more than 30 years routinely compiled by the Postal Service. The procedures that estimate the amount of that the Commission has been Postal Service also compiles manuals and costs caused by each subclass of mail, processing omnibus rate requests, no handbooks which are necessary to and the amount of revenue that each outside party has been able to replicate understanding and analyzing such reports. It would appear that these documents would be subclass earned. The process that the full CRA upon which the Postal useful for the purpose of evaluating Postal produces the estimates in the CRA takes Service bases its rate requests, or Service operations which are the subject of dollars from hundreds of subaccounts in develop a comprehensive alternative to cost analyses presented in proceedings before the Postal Service’s Books of Account it, within the 10-month window that the the Commission. If these documents were to and assigns them to one of hundreds of Act provides for litigating a rate case. be obtained by the Commission as they were

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completed (and were made publicly available to these additional information sources. The input data and documentation at the Commission’s offices) it is anticipated Commission believes that where the underlying the Postal Service’s standard that the Commission and the numerous information is available, its use on an cost attribution reports. interested parties appearing in our formal experimental basis will be very helpful in proceedings would then have an opportunity determining its utility. [Footnote omitted.] By the mid-1980s, some Postal to evaluate the data contained in the PRC Order No. 141 (October 21, 1976) Service cost data collection systems had documents on an ongoing basis rather than at 3–4. matured, and cost attribution analysis solely during a rate proceeding. had grown more complex, notably in the In addition to providing the Commission The initial version of the Periodic with a better opportunity for keeping abreast Reporting Rule emphasized accounting method by which attributable costs were of the changing factors which will affect the and other types of financial information distributed to mail classes in the mail execution of its regulatory functions, other that were likely to be useful in processing and transportation areas. benefits are likely to result if these reports analyzing the behavior of the Postal Adjusting to these developments, the were to be made available to the Service’s revenue requirement over Commission updated its Periodic Commission. Since these data are necessary time. It did not emphasize information Reporting Rule to require supporting for evaluating a rate request, their early on attributing costs to mail classes documentation of these methods (the accessibility may aid in expediting rate proceedings. Relying solely on interrogatories because analysis of Postal Service costs LIOCATT in mail processing and and the discovery process to obtain was still in its infancy. The process for workpapers 31 and 57 in information consumes time, both because attributing accounting costs to mail transportation). See PRC Order No. 697 data must initially be requested of the classes did not approach the complexity (June 27, 1986) at 7. The rule did not Service and, thereafter, additional time is of the current CRA. Cost data collection seek input data in these costing areas expended while the Service responds. If the systems and models of postal cost because technical problems still data which are the subject of this rulemaking behavior were in considerable flux. prevented the Commission from using were on file with the Commission, the time Most of them were being developed on input data in the form in which it was needed by the Commission and the parties an arcane data processing platform that would likely be reduced because of the ready reported. In other major cost centers, availability of information. made it technically difficult for the such as carrier street time costs, ongoing Commission and the affected public to Notice of Proposed Rulemaking data collection systems had not yet decipher and analyze. Primarily because stabilized. Attribution of these costs issued April 5, 1976, in Docket No. attribution analysis was considered to RM76–5 at 2–4. depended primarily on ad hoc studies be inadequate, the Postal Service, the that had already been publicly If the data currently made available to the Commission, and the affected public documented in the course of rate Commission and interested persons were were all exploring ways to improve made available on an ongoing basis, rather hearings, rather than on the analysis of attribution methods. Facilitating such regularly-collected data. Because than solely during the course of a rate research with a view to speeding up the proceeding, substantial benefits would inure regularly-collected data on carrier street to the Commission and the parties. The resolution of cost attribution issues in time cost played a lesser role in proposed rules will provide current data rate cases was among the primary goals modeling carrier costs, the rule did not of the Periodic Reporting Rule. Id. at 3– which will assist the Commission in keeping require that carrier cost data be 4, 15. fully apprized of developing circumstances periodically reported. having an effect on its regulatory functions. In contrast to its current attitude, the Additionally, continued access to the data Postal Service’s response was The Periodic Reporting Rule has not will assist interested members of the public accommodating. It did not challenge the been modified in 17 years. Over that in more thoroughly evaluating a filing of the legitimacy of providing basic financial time, the Postal Service’s financial Service and making alternative presentations data and documentation to facilitate reporting systems have undergone major within the time constraints imposed by the independent research of postal cost changes. Updating of the Periodic statutory directive that Commission proceedings be conducted with the ‘‘utmost behavior between rate cases. It did not Reporting Rule to reflect those changes expedition consistent with procedural assert the commercial sensitivity of the is long overdue. The sophistication of fairness to the parties.’’ (39 U.S.C. § 3624). cost data that the Commission or the cost attribution methods has grown The reports, documents, and other data intervenors proposed to include in the dramatically since the rule was last sources which are being made a part of the rule, except where data were facility- modified. The Postal Service has Commission’s periodic reporting system will specific or customer-specific. (The introduced elaborate cost variability aid in achieving these objectives. Commission readily accommodated this models in the mail processing, The data sources which the Commission is concern in its initial version of the rule.) transportation, and carrier cost areas. now including in this amendment to the From the beginning, the Also in each area, it has developed new, rules of practice have been evaluated on the Commission’s explicit policy has been basis of (1) the demonstrated utility of the more complex methods of distributing data source, and (2) the burden imposed on to minimize the burden of the Periodic attributable costs to subclasses. The the Service in filing the particular Reporting Rule on the Postal Service by ongoing data collection systems that the information. Although the information limiting it to information that the Postal Service used to develop these sources covered by our new rules do not Commission or the affected public was new attribution models and distribution include all the reports and documents likely to use. With respect to cost methods were not used for these proposed by the parties, the Commission is information, the initial version of the purposes, or did not exist, when the rule not foreclosing the possibility of the later rule asked primarily for summary-level inclusion of some or all of these items. As was last updated. These include cost reports [the precursors of the Cost ‘‘MODS’’ in the area of mail processing additional information is demonstrated to be and Revenue Analysis (CRA) and the useful, the underlying sources of information costs, ‘‘TRACS’’ in the area of will be included in the data reporting system Cost Segments and Components (CSC) transportation costs, and ‘‘CCCS’’ and reports] 3 since the technical obstacles except where inclusion would impose an ‘‘RCCS’’ in the area of delivery carrier referred to above made it difficult for undue burden on the Service. So that costs. As the complexity of the Postal the Commission or the public to use the interested parties may have the opportunity Service’s cost attribution methods has to analyze and experiment with additional grown, the need to document them in information, even when there is no case in 3 See PRC Order No. 141 (October 21, 1976) at 6– progress, the Service should provide access 8. order to competently interpret them has

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grown.4 Because these new models and Service Retirement Fund, led to a Postal information supplied. The rule strikes a methods use new data collection Service promise not to increase rates reasonable balance between these systems, the rule must be updated to until 2006. Consequently, the Postal benefits and the added burden on the include the new data systems if the Service is unlikely to file a documented Postal Service of providing this Commission and the affected public are version of the CRA in support of an additional information. As in the past, to understand how they are used to omnibus rate request for four years— the Commission is willing to make produce the CRA. from FY 2001 through FY 2004. The appropriate arrangements to protect A primary reason that the Postal Service is signaling that it will information that the Postal Service Commission was slow to update its not voluntarily submit such information believes to be commercially sensitive. Periodic Reporting Rule to include this in the future. Unless the Periodic The Postal Service expresses concern new cost data was that the capability to Reporting Rule is updated to seek a that the Commission has ulterior use this information only became moderate level of documentation of the motives for seeking to update the rule. available gradually. For much of this Postal Service’s CRA each year, the These include a desire to change its time, the Commission wrestled with outside world will not be able to institutional relationship with the Postal Postal Service datasets and programs competently interpret the CRA for up to Service, to arrogate to itself auditing, developed on a mainframe COBOL four years. The Commission and the supervisory, and managing functions platform. Despite hiring a series of intervenors do not believe that the reserved to others under the Postal service bureaus and consultants who regulatory scheme established by the Reorganization Act, and to hijack the specialized in this data processing Postal Reorganization Act can function legislative reform process. Substantive platform, the Commission and as Congress intended if they are to be Comments at 2–3. This questioning of participants in rate hearings were kept in the dark for up to four years. By the Commission’s motives proceeds generally not successful in reading, updating its Periodic Reporting Rule, from the premise that the amount of understanding, and using the datasets the Commission will eliminate long data that the updated rule would require and programs that the Postal Service blackout periods of this kind. the Postal Service to provide is far out developed on this platform. It was not of proportion to its needs. This premise B. The Postal Service’s Scope and until the mid-1990s, when the Postal reflects two beliefs—that the updated Burden Objections Service began providing some of this rule requires documentation of the CRA information in the mainframe SAS The preceding discussion of the equivalent to that required in an language, that the Commission’s staff history of the Periodic Reporting Rule omnibus rate case, and that the and some hearing participants were able and the considerations that shaped the Commission has no need for financial to convert such information to PC- update to the rule respond to the Postal information unless it is actively compatible versions that they could Service’s speculations that the update processing an omnibus rate request. read, understand, and use. was prompted by an array of improper Although the Commission, by the motives. As the preceding discussion Scope Arguments Based on the Wording mid-1990s, was beginning to acquire the makes clear, the Commission’s objective of the Rule technical capacity to use the data and in adopting the rule has remained the When the Postal Service asserts that programs that underlie the Postal same over the 27-year life of the rule— the updated rule requires CRA Service’s periodic cost reports, it did not to help the Commission perform its documentation on the same scale and update the Periodic Reporting Rule to statutory functions more quickly and scope as it provides in an omnibus rate reflect its technical progress. This is efficiently. case it grossly mischaracterizes the because the Postal Service had been To do that, the rule directs the Postal requirements of the rule. It finds providing the information needed on an Service to provide current-year financial support for its assertion in the ‘‘very annual basis anyway, apart from the reports summarizing the Postal Service’s broad’’ wording of the rule, quoting the rule. It provided the basic data and financial results, with enough mid-level preamble to proposed rule 102(a)(1): documentation to allow the Commission documentation underlying the CRA All input data, all processing programs that each year from FY 1995 through FY and the affected public to competently have changed since the most recently 2000. Sometimes it provided this interpret them. The rule also directs the completed general rate proceeding, and all information in support of a rate or Postal Service to provide intermediate- computer programs used to attribute mail classification request. Other times it level datasets that will allow outside processing costs to subclasses, if they are provided it voluntarily, simply to be analysis of postal cost and volume used to produce the Cost and Revenue helpful.5 behavior to continue between omnibus Analysis Report (CRA). Since the most recent omnibus rate rate cases. While the information sought Without analyzing this language, it asserts case was settled, however, the prospect is not case-specific, it facilitates the that the proposed rule could for continuing to get an adequately processing of future rate and potentially call for production of virtually all documented CRA each year has classification cases by providing information used in the production of the dimmed. Passage of Pub. L. 108–18, essential technical background for CRA report, from secondary, tertiary, and which dramatically reduces the Postal evaluating the kind of issues that lower inputs to the CRA model and its inputs Service’s contribution to the Civil typically arise in such cases. to raw data collected by the Postal Service’s The information provided under the data collection systems. 4 In 1997, the Postal Service discarded the rule makes the Commission and the Substantive Comments at 3. LIOCATT-based method of distributing mail interested public better prepared to It should be made clear at the outset processing costs in favor of the much more complex process rate and classification cases. As that the CRA deals with only half of the MODS-based method. In its recent submissions under the Periodic Reporting Rule it provides much explained above, the rule needs to be costing issues that are addressed in less documentation of its new, complex method updated because the Postal Service has detail in an omnibus rate case. The CRA than it had been providing for the older, simpler made major changes to the way it summarizes the Postal Service’s method. estimates its costs and revenues over the estimates of attributable costs by cost 5 For example, in 1998, the Postal Service voluntarily provided a fully documented CRA past 17 years, and the Commission and segment and by subclass. Equally reflecting Commission-approved attribution the public have developed the technical important to recommending a methods for FY 1997. capability to interpret and use the comprehensive set of rates, and equally

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detailed, are the Postal Service’s cost scope than full rate case CRA case to the next. These two avoidance estimates upon which documentation. Level Five and Six considerations are the most important hundreds of worksharing discounts are documentation can make up a large part reasons that, with respect to based. The Commission’s Periodic of the burden of documenting the CRA documenting the CRA, the burden of Reporting Rule does not require any in an omnibus case.6 complying with the rule is a small reports or documentation that relate to In the development of the CRA, input fraction of the burden that the Postal this half of the Postal Service’s cost data are fed into spreadsheet, statistical, Service bears in an omnibus rate case.7 presentation in an omnibus rate case. or econometric models of postal cost Level Two documentation consists of Focusing on the various levels of behavior to identify costs that are a workbook called ‘‘I-Forms’’ and Excel inputs into the CRA model, as the Postal caused by particular classes of mail. The spreadsheets called the ‘‘B workpapers.’’ Service has done, helps demonstrate models themselves, including the In Level Three documentation, how it has exaggerated the scope of the theories upon which they are based, the component costs are modeled to see proposed rule compared to the costing definitions of the variables, the what portion varies directly with documentation provided in omnibus equations or other analytical techniques volume.8 The Postal Service typically rate cases. To organize the discussion, used, and the results, may be labeled collects these variability factors in a the Commission will characterize the Level Three documentation for purposes workbook known as ‘‘I-Forms.’’ Excel Postal Service’s CRA documentation as of this discussion. Typically, these spreadsheets known as the ‘‘B consisting of the following six layers, or models attempt to find the degree to workpapers’’ take variability factors levels: which particular segment or component from the ‘‘I-Forms’’ and apply them, in Level One—the programs that derive costs vary with volume, estimating a proper sequence, to the accrued costs of distribution keys for indirectly volume variability percentage or the appropriate components to obtain attributable costs and distributes them ‘‘factor’’ for those costs. Variable costs attributable costs for those components. to subclasses are distributed to subclasses of mail in Typically, the B workpapers also Level Two—the spreadsheets that proportion to their relative piece distribute a component’s attributable calculate directly attributable costs and volume, cubic volume, or other cost- costs to subclasses of mail, according to distributes them to subclasses driving characteristic. The Postal subclass shares of piece volume or some Level Three—cost attribution models Service calls the relative subclass shares other cost-causing factor. Level Four—input datasets of a given cost characteristic a The development steps documented Level Five—data assembling, editing, ‘‘distribution key.’’ Level Three in Level Two are key steps in producing and structuring techniques documentation sometimes shows how the CRA. The rules that the B workpaper Level Six—raw data distribution keys were applied to spreadsheets apply summarize the Omnibus rate cases involve formal volume variable costs to distribute them Postal Service’s cost attribution hearings governed by the rules of to subclasses. The updated rule requires methods, and provide insight into the evidence. Under those rules, the Postal the Postal Service to provide only a causes of trends in postal cost behavior. Service is required to ‘‘lay a foundation’’ small subset of the Level Three These rules are exceedingly intricate, for the results of statistical or scientific documentation that it would provide in and are continuing to evolve. This studies that it wants to use to support an omnibus rate case, i.e., the processing makes it difficult for an outside analyst its proposed rates. To lay the required programs that have changed since the to remain expert on this phase of the foundation, it must start with the raw last general rate case. production of the CRA without current data it used and describe how that In an omnibus rate case, Level Three Level Two documentation. The Postal information was collected, edited, and documentation is by far the most Service prepares Level Two CRA structured before an estimating burdensome and time-consuming kind documentation each year when it technique was applied to it. to produce. It usually requires a produces the CRA–USPS Version. It For sake of discussion, the narrative explanation and defense of the Commission will label raw data as Level theory, the variables, the equation 7 Historically, the Postal Service has rarely Six documentation and the various specification, the research of alternative incorporated major new attribution models or manipulations that convert raw data distribution techniques into its interim-year CRAs, estimation procedures and the reasons because they have not been scrutinized in an into input data as Level Five for rejecting them, and the validity of omnibus rate case. In its FY 2002 CRA, the Postal documentation. The Commission will the results. The fact that the Periodic Service apparently has departed from this label ‘‘input data’’ as Level Four Reporting Rule requires only input data traditional practice by incorporating major new documentation. Input data are generally attribution models in the areas of carrier street time and processing programs means that it labor and in facilities costs in the FY 2002 CRA understood to mean data to which an altogether avoids the need to justify and before they have been presented in an omnibus rate estimating technique or model has been defend any aspect of the CRA case. This coincides with significant shifts in applied, which is its intended definition development process. Furthermore, subclass attributable cost shares of the effected cost components. There is no way for the outside world in the Periodic Reporting Rule. By because the final rule applies only to to interpret these shifts, however, because the specifying ‘‘input data,’’ the rule processing programs that have changed undocumented FY 2002 CRA provides no way of eliminates foundational information of since the most recently completed distinguishing between shifts in attributable costs, the kind described above (Level Six and and shifts in the techniques that the Postal Service general rate case, most Level Three uses to measure attributable costs. If the outside Level Five documentation) from its documentation is eliminated from the world had the ability to replicate the Postal scope. The final rule is further narrowed scope of the rule. This is because most Service’s cost attribution model, it could run the to input data that have changed since attribution models and distribution model with FY 2002 data using the established the most recent omnibus rate case was method, and again using the new method. This techniques do not change from one rate would provide a reasonable basis for separating completed. This eliminates input data changes in underlying economic activity from collected as part of special studies that 6 For example, the Postal Service spent a major changes in the methods by which they are have already been reviewed in an portion of the most recent fully-litigated omnibus measured. omnibus rate case. rate case (Docket No. R2000–1) producing and 8 Sometimes this is a two-step process where Because Level Five and Level Six defending Level Five and Level Six documentation component costs are modeled to see what portion for the Engineered Standards data on which the varies with an intermediate cost driver, then that documentation are not required by the Postal Service based its attribution of carrier street portion is modeled to see how much of it varies rule, it is substantially narrower in time labor costs. with volume.

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prepares the same Level Two With respect to space-related costs, typical year, require Level One, Level documentation when it produces the such as rent, fuel, and utilities, the CRA Two, and Level Four documentation, CRA–PRC Version as part of its model does more comprehensive almost exclusively. Level One and Level obligation to facilitate production of the calculations, calculating subclass shares Two documentation is not burdensome international mail study. Because it of directly attributable, as well as for the Postal Service to provide, since prepares Level Two documentation for indirectly attributable costs. Directly its production is almost entirely both versions anyway, and preparing it attributable space-related costs are not automated, and the Postal Service can be done automatically with little calculated in the B workpaper produces it each year anyway, for effort, providing Level Two spreadsheets. There are distinct reasons apart from the rule. The burden documentation for the Periodic variability factors for many finely of providing Level Four documentation Reporting Rule should not impose an disaggregated activities that drive space should be minor, too. The input additional burden on the Postal Service costs, and there are many keys databases have already been produced, of any significance. For these reasons, constructed from other keys that are since they are an indispensable step in the Periodic Reporting Rule requires the used to distribute these costs. Because producing the CRA, and their Postal Service to provide essentially the of this complexity, the Postal Service production is automated. In providing same Level Two documentation of the has used computer programs, rather some Level Four data, the Postal Service CRA each year that it provides in an than spreadsheets, to perform these faces the extra task of masking the omnibus rate case. See Rule 102(a)(1)(i). calculations. identifying label for data that are facility Level Two documentation shows Like the B workpaper spreadsheets in specific or customer specific. This, primarily how the Postal Service Level Two, the CRA model is essential however, should not be significant, estimates subclass shares of costs that to understanding how the Postal Service since it, too, is easily automated. arrived at its estimated subclass shares The only significant burden of vary directly with volume. These of attributable costs. Because of the complying with the rule that the Postal estimates become direct inputs (what numerous links and interrelationships Service would not otherwise bear is that the Postal Service calls the ‘‘Manual embodied in its control strings, the CRA involved in providing Level Three Inputs’’) into the ‘‘CRA model.’’ The model needs to be provided as an documentation (the processing CRA model is a mainframe COBOL integrated whole. Like the B workpaper programs used in its component cost program that distributes indirectly spreadsheets, the intricate rules that the variability models). But it only needs to attributable costs to subclasses in the CRA model applies are continually provide a minority of those programs same proportions as the Manual Inputs being refined. These rules are used to produce the CRA (those that to which they relate.9 The Level One exceedingly intricate, and evolve have changed since the last rate case), CRA documentation shows how the continually in minor, and sometimes and it need not provide narrative CRA model does this. major ways. For example, in its explanations or justifications. The The subclass shares of directly comments, the Postal Service Postal Service thereby avoids most of attributable costs embodied in the announced that it has incorporated the the burden that it would encounter Manual Inputs are fed into the CRA results of a special facilities cost study providing Level Three documentation in model to estimate total attributable costs into the FY 2002 CRA that would take an omnibus rate case. and cost coverages by subclass. If it a year to document. Substantive For all of the above reasons, the Postal outside analysts do not have access to Comments at 22. For an outside analyst Service grossly mischaracterizes the the B workpapers that show how the to remain expert on the CRA model, Periodic Reporting Rule when it asserts Manual Inputs were calculated, they are current-year Level One (and Level Two) that it will require CRA documentation unable to interpret or analyze the Postal documentation of the model must be on the ‘‘scale and scope’’ of an omnibus Service’s estimates of subclass provided. rate case. Id. at 4. attributable costs and cost coverages. Each year, the Postal Service produces Scope Arguments Based on the List in They must simply take these summary Level One documentation (the Manual the NPR estimates ‘‘on faith.’’ Inputs and the Control Strings) for its In the Level One CRA documentation, own purposes when it produces the As noted earlier, the Postal Service’s the Manual Inputs perform roughly the CRA–USPS Version. Each year, it principal support for this gross same function that the ‘‘I-Forms’’ produces Level One documentation for mischaracterization is an entirely non- perform in Level Two. In Level One the CRA–PRC Version as part of its analytical reference to the ‘‘very broad’’ CRA documentation, ‘‘control strings’’ obligation to facilitate the international language of the rule. It also cites a list perform roughly the same function that mail study. The CRA model is almost of information at page 5 of the NPR, the spreadsheets perform in Level Two. entirely automated. Because it prepares apparently to prove that the rule would The control strings apply intricate Level One documentation for both require CRA documentation equal to relationship rules to the Manual Inputs versions anyway, and preparing it can that submitted in an omnibus rate case. to construct hundreds of distinct keys be done automatically with little effort, Ibid. Here, too, it offers no analysis that for distributing indirectly attributable providing Level One documentation for explains how the contents of the list costs to subclasses. The CRA model the Periodic Reporting Rule should not might support this assertion. then aggregates these subclass shares of impose an additional burden on the The 11 items on the list do not directly attributable, and indirectly Postal Service of any significance. For support the Postal Service’s assertions attributable costs. these reasons, the rule requires the that the requirements of the rule are Postal Service to provide Level One open ended and comparable to an 9 This may be described as ‘‘piggybacking’’ the CRA documentation each year that is omnibus rate case in scope and scale. indirect costs on the direct costs. For example, the comparable to that provided for the base The list illustrates the Level One CRA model spreads the costs of supervising city year in an omnibus rate case. documentation required by the carriers to subclasses in the same proportion as the Of the six levels of CRA proposed rule (the ‘‘CRA Model’’ itself) B workpapers distribute the cost of city carrier direct labor to subclasses. It does this separately for documentation that the Postal Service with item 2. It illustrates the Level Two each of the numerous in-office and street time provides in an omnibus rate case, the documentation required by the components of city carrier direct labor costs. Periodic Reporting Rule will, in a proposed rule (B workpaper

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spreadsheets and their equivalent) with variable definitions, and estimating Service had used current-year data to items 1, 5, 10 and 11. It illustrates the techniques haven’t changed from the produce the current-year CRA. Later, Level Four documentation required by most recent general rate case, but the through cumbersome trial and error the proposed rule (input datasets) with accuracy of their results requires the use procedures, the Commission was able to items 3, 6 and 9. As noted above, the of updated input from routine data decipher the Postal Service’s new Postal Service would have to produce collection systems.10 Therefore, the spreadsheets, and determine that the all of these items anyway for reasons Commission needs documentation Postal Service had simply plugged in an apart from the rule, and their related to these special studies that obsolete variability factor instead of production is almost entirely allows it to determine whether current using current data to update the load automated, and therefore not a data have, in fact, been used to produce time variability model. This illustrates significant burden to provide. the current-year CRA. This need relates why the Commission needs access to The Level Three documentation primarily to the CRA–PRC Version, input data and processing programs that required by the rule (analytical studies since the Postal Service does not audit have changed since the most recently supporting variability estimates or that version as carefully as it audits the completed rate case, if it is to be able to distribution techniques) potentially CRA–USPS Version. The Service’s evaluate the CRA. would require some significant outside auditors do not review this Item 8 on the list indicates that the additional burden in the rare case that document. Postal Service should provide ‘‘the a special study was used to produce the Item 7 on the list indicates that under underlying route-type data’’ needed to CRA before being vetted in an omnibus current circumstances, where Docket produce the in-office worksheets in the rate case. Even then, the documentation No. R2000–1 serves as the most recent B workpapers. In the past, the Postal would be much less burdensome to fully-litigated rate case, the proposed Service used the IOCS tally information provide than the documentation rule would extend to the spreadsheets compiled in the LIOCATT to distribute required in an omnibus rate case and programs used to estimate load-time mixed mail sorting costs incurred at because the Postal Service need not variabilities in the CRA. To get accurate delivery units to subclasses. Because the include a narrative explanation and estimates of variable load-time costs, it Postal Service changed the processing defense of the study, such as that which is necessary to calibrate the Load Time programs that it uses to perform this it would submit as sponsoring Variability model with current-year data task, this item was included in the list. testimony in an omnibus rate case. The from the City Carrier Cost System The Commission recognizes, however, final version of the rule gives the Postal (CCCS). The Postal Service purported to that the changes were documented in Service additional flexibility that it estimate variable load time costs the most recently completed rate would not have in the context of an according to Commission-approved proceeding. As a result, the Periodic omnibus rate case. The Postal Service methods in the FY 2001 International Reporting Rule need not extend to this may provide an abbreviated written or CRA–PRC Version, which it provided to item. If the Commission receives the oral description of the study, which help the Commission produce its FY IOCS input data, it will not need these should include a description of the 2001 international mail report. (In such processing programs to competently theory, the data, and estimation reports, the Commission must evaluate the distribution of in-office technique used. It may then ask for a determine if the Postal Service’s mail sorting costs to subclasses. waiver of the requirement that it attributable cost estimates for Item 4 on the list would require the provide the underlying dataset and international mail categories accurately Postal Service to provide the MODS- processing programs. If the description reflect Commission-approved methods.) based costing spreadsheets needed to is sufficient to allow others to evaluate Because the Commission could not produce output for the B workpapers. the resulting estimate at a general level, replicate the estimates using the While the processing programs used to the Commission could grant a waiver. If methods approved in the last full rate attribute mail processing costs to the Postal Service concludes that an case, it asked for the processing subclasses were specifically required abbreviated narrative description would programs to see if it could determine under proposed Rule 102(a)(1), they are be burdensome to provide, it may why. The Postal Service provided new not included in the final version of the provide the input data and the spreadsheets in place of the SAS rule. Many of those programs, however, processing programs, and let them speak programs it had been using in prior rate change from year to year due to for themselves. In its length and its proceedings. additions or deletions of activity codes scope, the narrative presentation might The Commission could not decipher or finance numbers. Also, because some resemble the kind of informal technical the undocumented spreadsheets. programs use hard-coded numbers to conference that is occasionally used in Because the Commission did not have compute distribution keys, they need to a rate case to acquaint litigants with the access to current-year CCCS data, it be updated each year. Consequently, the basic outlines of a complex new study. could not run the established programs final rule would still require the Postal It would not, however, involve to diagnose the problem itself.11 Service to provide many of the MODS- testimony, discovery, or cross- Consequently, the Commission could based programs in item 4. It may be examination, which are the significant not determine whether the Postal more practical for the Postal Service to burdens associated with litigating a rate submit them all, rather than to attempt case. It should be borne in mind that the 10 The Van-Ty-Smith SAS programs that construct to segregate out the ones that have additional burden of documenting a mail processing labor cost distribution keys from changed. The final rule allows the special study this way for the Periodic current-year IOCS tally data, stop coverage in the Postal Service this option. CAT/FAT study of coverage variability, and pieces- The relatively recent switch from the Reporting Rule would be zero, since the per-delivery in the Load Time Variability study are study would eventually have to be fully examples of studies whose accuracy depends upon LIOCATT-based system to the MODS- explained in an omnibus rate case. using updated input data. based system is a fundamental shift of Three items on the list on page 5 of 11 One way to diagnose a failure to update a methods governing a major portion of the NPR (items 4, 7 and 8) illustrate the special study is to compare the Postal Service’s the Postal Service’s overall operations. results to those obtained by rerunning the program kind of Level Three CRA documentation with old data. This diagnostic tool is available to The Postal Service is apparently still that the proposed rule would require. an outside analyst only if he or she is able to making adjustments to the estimation These are special studies whose theory, replicate the program. methods that it uses to produce the CRA

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in related areas to bring them into acceptance unless there was already in Yet the Postal Service’s comments are conformity with the fundamental shift. existence a set of input data and replete with assertions designed to leave For these reasons, the Commission is processing programs that the author the impression that the rule would likely to need the programs could locate and provide in less than six impose a burden that is comparable to implementing the MODS-based method (or twelve) months. Similarly, it is not the burden of preparing additional for distributing mail processing costs to plausible that it would take six (or omnibus rate filings. Id. at 4, 7, 15, 21. subclasses if it is to stay abreast of these twelve) months for the author of the The Postal Service’s arguments about developments in cost attribution, and study to prepare a morning’s briefing on the balance of powers between the retain its ability to competently the study for interested parties, if the Postal Service and the Commission interpret the CRA. Postal Service were to choose that being ‘‘fundamentally altered’’ due to a Scope Arguments That Assume option. massive increase in the Postal Service’s Improper Commission Motives In order to have any credibility, these ‘‘regulatory overhead,’’ interference burden estimates have to assume that with postal management’s ability to The Postal Service seems to be aware the Commission will ignore the limits of focus, conducting rate cases off the that neither the wording of the Periodic record, etc., evaporate when its gross Reporting Rule, nor the list of examples the rule and seek full rate case documentation of the study, including mischaracterization of the burden of of what it would cover, supports its complying with the rule is exposed. assertion that it would require as much detailed narrative testimony that establishes a foundation for study The Postal Service becomes CRA documentation as would be particularly apocalyptic about the required in a full-blown rate case. The results and defends the theory, the estimating techniques, and the prospect of answering informal main support that it offers for this questions about the way it produces the assertion is its hypothesis that the robustness of the results. It can be seen that, with respect to Level Three CRA CRA. It asserts that comments were Commission has an array of improper made at the technical conference held motives for updating the rule (e.g., to documentation especially, there is an enormous gap between the relatively on April 3, 2003, indicating that the supplant the Postal Service’s auditors, Commission staff ‘‘envisioned the to take day-to-day monitoring away insignificant additional burden of complying with the rule and what the establishment of a process’’ whereby the from postal management, to conduct Commission, and others, could direct rate cases off the record, to upset the Postal Service spends its time and energy opposing. questions to the Postal Service legislative balance, etc.). Given such concerning the documentation that it The Postal Service contends that if it motives, it claims, it is ‘‘inevitable’’ that provides under the rule. Id. at 7. did not use any new special studies in the Commission will ignore the limits of According to the Postal Service, this the CRA, complying with the rule its rule and seek the full-blown rate case raises ‘‘the possibility of an open-ended, would require 781 2 documentation. Substantive Comments ⁄ additional person- ‘perpetual’ rate-case.’’ Id. at 15. In the at 22. days. It does not explain why it would Postal Service’s mind, this possibility As an example of the full-blown rate take this much effort, since it already then morphs into the specter of case documentation the Postal Service prepares this documentation for reasons says the rule will require, it cites two apart from the rule, and its preparation year-round rate-making style data- special studies that it says it has relied is (or could be) almost entirely production, documentation, and perhaps on to develop the CRA, neither of which automated. more significantly, ongoing inquiries by the has been publicly disclosed. One Commission, Postal Service competitors, and Even if this estimate were accurate, any other interested party with the time and estimates attributable carrier costs, the however, it should be kept in resources necessary to pursue such activities. other facility-related attributable costs. perspective. When the Postal Service It argues that ‘‘[u]nder the proposed Id. at 18. This leads the Postal Service prepares an omnibus rate request, by its to warn rule, any such study would need to be own account, it produces tens of extensively documented in order for its thousands of pages of documentation, [i]f such pseudo-discovery were similar to new data and methods to be data, and testimony, most of which is that encountered by the Postal Service in omnibus rate cases, one would expect the understandable to, and usable by the devoted to explanation of its cost, Commission.’’ Id. at 22. It estimates that burden associated with responding to revenue, and volume estimates. The questions on new cost studies to be very large it would take 6 person-months to burden of producing this information is adequately document the carrier cost indeed. The very open-endedness of such so heavy, according to the Postal extra-record questioning not only raises study, and 12 person-months to Service, that it must begin its serious concerns regarding the potential adequately document the facility costs preparation approximately six months burden involved, but reinforces the study. Ibid. in advance in order to file by its target fundamental objection that the Postal Service The Postal Service does not attempt to date. Substantive Comments at 21. Over and the Commission should not be spending explain why it would take this much that period, the Postal Service assigns a their time and resources devising ratemaking additional time to document such procedures that not only are unsupported by host of consultants and its own studies, and no plausible explanation is our governing statue, but actually conflict professional staff to this task. The hours readily apparent. These studies, with that statute. that the Postal Service says it needs to presumably, have already been comply with the CRA documentation Id. at 23–24. documented sufficiently by their Never, in recent memory, has the requirements of the Periodic Reporting authors to convince upper management Postal Service tried to make such a Rule (in the normal circumstance where that they provide a sound basis for one grandiose mountain out of such an it is not based on new special studies) of its most important routine financial insignificant molehill. The is a tiny fraction of the burden of reports. The rule, however, only Commission’s staff entered the technical documenting an omnibus rate filing.12 requires that the Postal Service provide conference without having discussed, the input data and processing programs let alone taken a position, on the 12 It should be borne in mind that the burden of used to perform the study. It is not documenting new cost studies is not increased by question of whether there should be plausible that a study could have the Periodic Reporting Rule, since it is part of the informal questioning of the Postal received this level of scrutiny and burden of preparing an omnibus rate request. Service staff under the rule. In the

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memory of the Commission’s staff, it fully-litigated rate case demonstrates, Reorganization Act functions perfectly was another attendee who asked the design of data collection systems well when this level of public ignorance whether such questioning would be and the structure and editing of raw prevails between rate cases. But the Act compatible with the rule, and the data into input datasets can be of clearly anticipated that the hearings that response of the Commission staff was fundamental importance in evaluating the Commission conducts when the that it saw no incompatibility with the the soundness of a study. Even with the Postal Service files a rate case are not, rule, and it had no objection. updated rule, analysts in interim years by themselves, enough to ensure that The Commission sees no problem would have to assume that these aspects the policies of the Act are carried out. with continuing the same helpful of the CRA are valid, and wait for an That is why § 3623 of the Act authorizes practice that has been followed for omnibus rate case for an opportunity to the Commission to initiate classification decades by the staffs of both the Postal investigate them. hearings on its own. That is also why Service and the Commission. Between With respect to Level Four § 3662 of the Act empowers the rate cases, on rare occasion, a member documentation, the revised rule requires Commission to review public of one staff, for example, would spot that only input datasets that have complaints that current rates or what appears to be error in a changed since the last general rate case classifications are in violation of the spreadsheet, make a call to the other be provided. More significantly, the rule policies of the Act, in order to staff, and ask if it was, in fact, an error. only requires minimal Level Three determine whether they warrant a Someone on the other staff would documentation (the input data and hearing. typically investigate and respond processing programs that implement The CRA is the Postal Service’s most informally with a corrected spreadsheet, new analytical models). The rule, important and fundamental report on or some brief explanation of the therefore, is a balanced compromise, subclass attributable costs, volumes, and apparent error. The Postal Service staff falling well short of everything that revenues. Without any documentation, occasionally does this after reviewing would help the Commission understand its estimates are effectively the workpapers that the Commission and evaluate the CRA results. unreviewable. Under these provides to explain the technical Narrative explanations of new studies circumstances, the Commission’s ability aspects of its Recommended Decisions. are not required, so it may be difficult to make an informed decision on the The Commission’s staff occasionally for the Commission and the affected need to initiate classification reform or does this after the Postal Service public to evaluate their soundness. With to hold a hearing on a complaint that provides a periodic report. The the input datasets and the processing current rates or classifications violate Commission’s staff saw no reason not to programs, however, the Commission the Act is severely circumscribed. If, in continue this practice. The Commission and the interested public at least can the period between rate cases, the has never suggested launching general run the CRA model with the established Commission cannot thoroughly ‘‘procedures’’ for ‘‘pseudo discovery’’ method, and then with new study interpret and understand the Postal between rate cases under the auspices of inputs, to see the impact that the new Service’s routine financial reports that the Periodic Reporting Rule. The option study has on estimates of subclass bear on ratemaking, these remedies that of providing a public briefing on special attributable costs. Having the Level One the Act provides are undermined. studies that the final rule provides in and Level Two documentation required The following may help illustrate this paragraph 102(a)(1)(ii) is one that the by the rule makes this crude level of point. In its comments, the Postal diagnosis possible, as they are necessary Service mentions the need for flexibility Postal Service is free to decline if it to run the CRA model. Level One and to respond to the ‘‘fast moving markets wishes. Level Two documentation also make it in which it competes.’’ Id. at 19. Over C. The Need for Mid-Level possible to gain some insight into why four years, the volume patterns and cost Documentation of the CRA the new study has the effect that it has structure of these markets might change on subclass attributable costs, because enough to invalidate the assumptions Recognizing When There Are Grounds its effect on other inputs, and its effect upon which current rates were based. If for Initiating §§ 3623 and 3662 Hearings on intermediate outputs, can be the affected public has access to the The Postal Service devotes the observed. partial CRA documentation required by majority of its comments to The Level One, Two, Four, and partial the rule, it would have a way to identify impressionistic descriptions of the CRA Level Three documentation that the rule when key assumptions underlying rates documentation that the rule would requires falls well short of what will be are no longer valid, and a greatly require, followed by conclusory needed in a rate case to fully evaluate improved opportunity to learn whether statements that the documentation ‘‘far the merits of a new study. But without a petition for relief is warranted. If the exceeds’’ the Commission’s ‘‘legitimate’’ it, the Commission and the affected public were to go four years without needs. The Postal Service’s conclusion public would have to simply accept the documented CRA estimates, and that the CRA documentation required by estimates of total subclass attributable therefore could not learn how they were the rule exceeds the Commission’s costs reported in an interim-year CRA estimated or what influences they needs rests heavily on the Postal on faith. There would be no way to reflect, it might seriously misestimate Service’s mischaracterizations of the know if shifts in subclass attributable the basis for a petition for adjusted rates documentation required as all costs reflect true underlying economic or classifications. information that the Postal Service uses effects, changes in data sources, or An example of how key assumptions to develop the CRA from raw data on changes in estimation techniques. underlying a set of rates could become up. Substantive Comments at 3, 21. Similarly, if costs have not shifted, there invalid over time without detection As explained above, the rule does not is no way to tell if this reflects would be in Standard Mail. In the extend to raw data, the design of Postal underlying economic stability, or the Enhanced Carrier Route (ECR) subclass Service data collection systems, or the failure to update Level Three models of Standard Mail, seven IOCS- processing programs that edit and with current-year data. dependent discounts are offered. The structure data into input datasets The Postal Service apparently size of the discounts is determined by (‘‘Level Five’’ and ‘‘Level Six’’ believes that the regulatory scheme IOCS tally data. There are instances in documentation). As the most recent established under the Postal the past where appropriate cost-based

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discounts, based on IOCS tally data, In addition to keeping its technical it cannot get access to data that reflect have abruptly and substantially expertise current in order to quickly current postal operations. When the increased or decreased in some of these process a rate case brought by the Postal Postal Service files an omnibus rate presort levels but not others. If these Service, the Commission described a case, an intervenor will have about two abrupt, substantial shifts were sustained second reason that partial months to digest the mammoth filing over several years, the disparity between documentation of the CRA is needed and determine what to investigate, and the cost differences among density between rate cases. See Docket No. perhaps three months to find analysts, levels on which the discounts were RM76–5, Notice of Proposed request relevant data, develop a model, based, and the cost differences reflected Rulemaking, issued April 6, 1976, at 2– and defend the results. It might have in current data, could become large, 3. This is to narrow the scope of only a few weeks to do this in more making the actual passthroughs of discovery and Presiding Officer’s abbreviated hearings, such as hearings avoided costs so disparate that it might Information Requests needed in rate on experimental services. It is almost violate the fairness and equity criteria of cases, and shorten this phase of the impossible for intervenors in rate cases the Act. See 39 U.S.C. § 3622(b)(1). proceeding. The objective is to avoid, as to plan, complete, and defend models of A mailer of presorted Enhanced far as possible, inquiries into technical postal cost behavior in the narrow Carrier Route mail could not know of costing issues that are background, or litigation window allowed. As a result, the passthrough disparities that had generic in nature, rather than tied to a in over 30 years of Commission emerged unless it had access to the kind specific set of proposed rates. This hearings, intervenors have almost never of CRA documentation required by the objective has not changed since the succeeded in developing significant rule. It could not make effective use of Periodic Reporting Rule was first issued alternative cost attribution models. its right to ask for a hearing under 27 years ago. During rate cases, intervenors are § 3662 to show that ECR rates violate the confined almost entirely to reacting to Researching Cost Behavior Between policies of the Act, because it could not and criticizing the models developed by Omnibus Rate Cases demonstrate to the Commission that the the Postal Service. cost assumptions underlying these A third reason that partial discounts were no longer valid. documentation of the CRA is needed Due Process and the Need for Data Although the Act provides the public between rate cases is to gain access to The Commission has explained why with this alternative way to secure its the basic datasets needed to develop relevant data are an indispensable tool rights under the Act, this alternative is models of cost behavior that can be for researching, analyzing, or modeling of little value when facts that are basic presented in an omnibus rate case, so postal cost, volume, or revenue to ratemaking and classification are that less of the litigation window is behavior. In its comments, the Postal unavailable to the public. consumed with such development Service takes the position that, under work. See PRC Order No. 141 at 3. This the Act, no entity other than itself may Being Adequately Prepared To Process objective, also, has not changed since possess this tool between omnibus rate Rate Requests the Periodic Reporting Rule was first cases. Substantive Comments at 6. It Beyond indicating when there are issued. What has changed since the asserts that if the Commission or the grounds for initiating § 3623 and § 3662 Periodic Reporting Rule was last intervenors make any use of the datasets hearings, the Commission and the updated are the new sources of data that or the programs underlying an interim- public need mid-level documentation of the Postal Service uses to develop the year CRA, they would be conducting a the CRA to be adequately prepared to CRA, and the increased capability of the ‘‘de facto rate case’’ outside the confines process cases brought by the Postal Commission and the intervenors to of a formal hearing. Id. at 16–17. Service. These include omnibus rate work with those data. According to the Postal Service’s logic, cases under § 3622, which must be To develop models of postal cost any activity that others do during a rate processed within the severely behavior, it is necessary to have two case—such as studying postal cost, compressed 10-month window allowed things—relevant data, and the time and volume, or revenue behavior—may not by the Act. They also include resources to analyze the data. The Postal be done outside of a rate case; ‘‘experimental,’’ ‘‘market test,’’ Service is in a unique position among otherwise, the 10-month time limit on ‘‘negotiated service agreement’’ and all stakeholders in postal ratemaking in rate cases is violated. The Postal Service other special kinds of rate and this regard. It has exclusive control of does not extend this logic to itself, classification cases for which the almost all of the data that could be used however. It may devote whatever time it Commission has created even more to model postal cost behavior. When it wants to studying and preparing for rate compressed hearing procedures, at the decides to study a particular area of cases without violating the 10-month Postal Service’s request. postal cost behavior, it has well over time limit for rate hearings under the The reasons that such documentation 100 in-house analysts and consultants Act. Bearing in mind that significant is needed for these kinds of cases were whose time and expertise can be new studies of postal cost behavior previously explained in describing the enlisted in the effort. As the only almost never can be started, completed, history of the Periodic Reporting Rule. initiator of rate cases, it has exclusive and defended within the allotted The first of these reasons is the fact that control over the timing of rate cases. portion of a 10-month rate case, the the Postal Service’s CRA, which is the Consequently, when the Postal Service Postal Service’s view of the Act means starting point for analyzing any set of wants to develop a model of postal cost that only it has any realistic chance to proposed rates, is exceedingly complex, behavior, it can decide for itself what develop analytical models for continually changing, and has proved to data to access or what new data to ratemaking, since only it may possess be extremely difficult to comprehend in collect, how long to spend developing the required data between omnibus rate the few months allotted for discovery in its model, and when to initiate a hearing cases. a general rate case. Providing partial to present it. The Postal Service insists that if it is documentation of the most recent Currently, a mailer or competitor that to have due process during rate cases, it versions of the CRA between rate cases would like to develop an alternative must be able to withhold basic financial is the minimum necessary to make this model of cost behavior has little chance data between rate cases. Otherwise, it task feasible in the hearing time allotted. of doing so. Between omnibus rate cases argues, it would lose what it believes to

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be its statutory prerogative to surprise even for the Postal Service, errors and of the compromises that it has been opponents with every element of its rate inconsistencies are inevitable. Before it making during rate cases for decades. filing. It insists that its prerogative bases rate recommendations on the For decades, it has been unable to extends to the generic, background Postal Service’s CRA, the Commission decipher and work with CRA-related financial data summarized in its must ensure that errors and databases and models that the Postal standard financial reports. Substantive inconsistencies have been identified Service maintains on its mainframe Comments at 36. Its view that the statute and corrected. To do this, the COBOL computer platform. The grants it an unlimited right of surprise Commission issues Presiding Officer’s Commission ultimately gave up this ignores the due process needs of the Information Requests asking the Postal pursuit and developed its own PC-based affected public that participates in rate Service to explain or resolve apparent CRA model that mimics the Postal cases. errors. Service’s inaccessible model. During When the Postal Service eventually No thorough and coherent statement omnibus rate cases, the Commission decides to file a rate case, it may present of the mechanics of producing the CRA most closely analyzes the Postal numerous new models that it has had has ever been provided by the Postal Service’s ever-changing CRA model in ample time to prepare. Since alternative Service. Narrative descriptions of areas that are in substantial dispute. models can rarely be developed and something as complex as the CRA, such Because so much of the available time defended in the time available, the only as the Service provides in rate cases, are is spent determining how the Postal effective alternatives to the Postal unlikely ever to be adequate to enable Service arrived at its disputed estimates Service’s new models are the Postal an analyst to thoroughly understand it. of attributable cost, the Commission’s Service’s old models on which existing Therefore, replication is the primary evaluation of undisputed estimation rates are based. The Postal Service’s tool available to the Commission and techniques is sometimes less thorough models, new and old, are typically the the public to diagnose errors in the than is desirable. The Commission may only ones eligible for adoption, because Postal Service’s CRA model, and isolate not address less significant changes that they are typically the only ones that their sources. Running the model is also the Postal Service makes in other have been presented on the record. the only way that the Commission can costing areas, because there isn’t The Postal Service thinks that the due test the forecasts on which its sufficient time in a 10-month hearing to process objectives of the Act are well recommended rates were based to see if analyze it all. served under these circumstances. But if its forecasting assumptions are holding Intervenors in omnibus rate cases, of intervenors are to ever have a realistic up in interim years, and if not, which course, have, for decades, had similar chance to develop alternative cost ones are failing. The ability to undertake problems. To quote American Business attribution models for consideration in this exercise should significantly Media: an omnibus rate case, they will, at a improve the Commission’s forecasting minimum, need access between rate expertise. With data available on an on-going basis, cases to the current Level Four datasets Replication makes diagnostic tests of not only would the Commission be better prepared for a rate filing, but the Postal that are used to produce the CRA. various kinds possible. For example, to Service’s customers would not bear the test whether the data that the Postal Expertise and the Need To Replicate the burden of having the ten or twelve feet of Service used in its CRA model were CRA papers, plus computer materials, dropped on properly updated, this year’s model them with the expectation that they can The Commission and the public also could be run with this year’s data, and review, understand, question and refute need Level Four datasets in order to then with last year’s data, and the those portions that are relevant in time for replicate the various attribution and results compared. To test whether a the Commission to issue a recommended distribution techniques that the Postal processing program has changed, this decision in ten months. Service uses to produce the CRA. The year’s data could be input into this ABM Reply Comments at 2. The OCA Postal Service doesn’t appear to object year’s CRA model, and then into last adds: to the Commission replicating its Base year’s CRA model, and the results As a participant in rate cases, the OCA has Year CRA model, and the various cost compared. Replication can also be done watched the complexity and sophistication of component analyses used to produce it, in stages, allowing intermediate outputs Postal Service presentations rise in the context of a rate case. As a to be examined, to better isolate errors, exponentially. The ‘‘lead’’ time required by practical matter, for reasons explained or inconsistencies with earlier versions. the OCA (or any other participant) to match earlier, the Commission must use the And replication can be used to do the level of the Service’s evidence has also increased exponentially. But the Postal Postal Service’s ‘‘state of the art’’ sensitivity analyses, changing only attribution engine as the starting point Service seeks to preserve its lead-time selected inputs, or selected processing advantage of ‘six months’ while denying any for estimating the subclass attributable steps, to try to find reasons for lead time to participants. At some point costs that will support the unexpected results. To replicate the (already passed, as far as the OCA is Commission’s rate recommendations. CRA model, or its components, the concerned), the advantage to the Postal The Commission must first replicate the Commission and the public need the Service becomes overwhelming, and due Postal Service’s CRA model in order to relevant input datasets and processing process evaporates. confirm that it understands how the programs. OCA Reply Comments at 4–5 model estimates subclass attributable The Postal Service is skeptical that [footnote omitted]. The need for the costs, and that it can accurately the Commission and the public have a updated Periodic Reporting Rule seems reproduce the result that the Postal need for partial documentation of the to be clear to everyone in the postal Service’s version of the CRA produced. CRA. It comments that ‘‘[t]he community except the Postal Service The Commission must then adapt the Commission has been carrying out [its] itself. Postal Service’s CRA model to produce duties for decades without having Base Year subclass cost estimates that routine and frequent access to such Replication and Bias are consistent with the Commission’s information.’’ Substantive Comments at While the Postal Service does not recommended attribution methods. 11. In recounting the history of the deny that the Commission may use Because developing a CRA model for a Periodic Reporting Rule, the replication of its CRA as a legitimate given year is a mammoth undertaking, Commission has already described some diagnostic tool in the context of a rate

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case, it recoils at the thought that this objective in creating the Postal Rate The Postal Service suggests that at the tool might apply to an interim-year Commission was to ensure that rates technical conference held on March 11, CRA. It warns: would be based on these kinds of 2003, the Commission’s staff somehow as the Commission’s staff confirmed, the new expertise. GCA Comments at 4. Congress signaled its intention to use the requirements are designed to allow the intended that issues of cost attribution, documentation required by the Periodic Commission to completely re-run the most in particular, should be resolved by Reporting Rule to develop ‘‘anticipatory recent, updated CRA model based on new or application of the Commission’s rate recommendations’’’ outside of a rate alternative inputs, and thereby give the expertise. National Association of case. Substantive Comments at 10. The Commission the capacity to develop Greeting Card Publishers v. USPS, 462 Commission does not contemplate going anticipatory rate recommendations without U.S. 810, 823 (1983). The Commission, to the considerable trouble to develop any formal request or policy guidance from however, is in a difficult position when rate recommendations that have nothing the Postal Service. it comes to maintaining that expertise. to do with a particular rate case. This Substantive Comments at 10. As explained previously, the Postal isn’t because there would be anything If the very staff that are replicating, Service controls all of the data, has wrong with it. It is because such an validating, and otherwise manipulating the almost exclusive access to field experts, exercise wouldn’t be very informative if fundamental financial and operating and employs almost all of the analytical it were not tied to a particular rate information sought in this rulemaking are resources that are devoted to estimating request, revenue requirement, and time inevitably forming impressions and postal cost, volume, and revenue period.14 conclusions from their investigations, what is behavior. For these reasons, when it With respect to any tendency of to prevent those impressions and conclusions comes to cost attribution, the Postal replicating the CRA to produce bias in from influencing the outcome before anyone has had their opportunity to persuade? No Service’s cost attribution engine (the the replicating party, the salient point is safeguards exist which would prevent such CRA) is the starting point for all that the Periodic Reporting Rule contamination of the hearing process, and it analysis. Its most current CRA requires only input datasets and the is difficult to imagine how such safeguards apparently is based on two major new processing steps applied to those could be implemented in a practical manner. studies of attributable carrier costs and datasets—the minimum documentation The Governors are entitled to a facilities costs. Each study is a ‘‘black that will disclose the mechanical recommended decision free from any hint of box’’ as far as the outside world is process by which CRA estimates were extra-record determinations, and which gives concerned, and is likely to remain so for obtained. The data used and the appropriate recognition to the respective several more years without an updated processing steps applied are facts that statutory roles of the Governors, the Board of Governors, and the Commission. Periodic Reporting Rule. By imposing a speak for themselves, devoid of 10-month time limit on the Commission argument, interpretation, spin, or Id. at 17 [footnote omitted]. for processing rate requests, the Postal nuance. Making facts available for It is important to understand what the Reorganization Act assumes that the analysis risks bias only to the extent that Postal Service is expressing fear of in Commission can process such requests the facts made available are selective, or these comments. The CRA is the Postal with extreme expedition and still base one-sided. If facts disclosed in the Service’s routine financial report that is its recommendations on a thorough documentation of an interim-year CRA most relevant to ratemaking because it understanding of all aspects of the were to resemble facts included in the estimates subclass attribution costs, record. Base Year documentation in a future volumes, and revenues each year. It has Once an omnibus rate request is filed, rate case, the Postal Service’s opponents been examined by outside auditors, and there isn’t sufficient time in the 10- might be able to argue that the undergone multiple layers of review by month statutory period to search and Commission was swayed by having an the Postal Service’s staff to the point resolve issues relating to the mechanics early look at the Postal Service’s version that it is accepted as the most reliable of producing the CRA, and still address of the facts without any alternative data that it can provide to postal the major analytical and policy issues version to counterbalance it. If this is a management to guide it in matters of that are raised by a Postal Service potential source of bias, it works for, not classification and pricing. In the Postal omnibus rate request. The mechanics of against the Postal Service. Service view, if the outside world producing the CRA are generic, understands little or nothing about how background issues, that do not and avoids questions touching on the merits of the it obtains these estimates, it will not ordinarily depend on a particular time analysis. Restricted in this way, the Periodic misinterpret them, or be biased, or be period, a particular revenue Reporting Rule strikes a reasonable balance among the Postal Service’s right to ‘‘surprise’’ intervenors misled regarding the relative requirement, or a particular set of with every aspect of its support of proposed rates, responsibility of the various subclasses proposed rates. Therefore, documenting the intervenors rights to comprehend the Postal for the Postal Service’s financial this aspect of the CRA should not Service’s rate request and respond to it with condition. The Postal Service evidently compromise the right of participants to alternatives in the brief time allotted, and the Commission’s need to enter a rate case already believes that the more accurate an litigate rate-case-specific issues when a understanding how the Postal Service prepares its understanding the outside world gains specific rate request is filed. Replication routine financial reports. If the Postal Service about the data and estimation methods is the primary tool for understanding believes that its reasons for making changes to the that produce the CRA results, the more CRA should be explained in order to eliminate the technical aspects of estimates found misconceptions, it is free to provide them. The 13 likely that it will be misled, biased, and in the CRA. Commission does not require such explanations, in prejudiced by them. order to minimize the burden of complying with the As the OCA commented, knowledge 13 The Commission has restricted the Periodic rule. is a lot less likely than ignorance to Reporting Rule to documentation of the mechanics 14 The Commission disagrees that the rule seeks by which the CRA is produced (datasets, processing enough documentation to make it feasible to produce bias. OCA Comments at 2–3. programs, spreadsheets, etc.) rather than develop anticipatory rate recommendations. For This is especially true where justifications of theories or policies that are likely example, two categories of inputs that would be competence to form an opinion is to be contested in a rate case. In this respect, the needed to develop a realistic alternative rate presumed to require a great deal of documentation performs a function similar to an schedule (if a test year and revenue requirement informal technical conference held off the record were known) are the appropriate DRI inflation industry-specific statistical and during a rate case. The purpose of such conferences factors, and details about the magnitude and timing economic expertise. GCA points out in is to gain an understanding of what was done of the Postal Service’s cost reduction programs. its comments that Congress’s primary mechanically to implement a particular analysis, Neither is required by the Periodic Reporting Rule.

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The Postal Service has suggested that IV. The Legal Basis for the Periodic (3) Discovery both from the Postal it should not have to disclose a set of Reporting Rule Service and the parties to the facts similar to those that it might proceedings; A. The Periodic Reporting Requirement present in a future rate case without (4) Limitation of testimony; and the Is Authorized by the Act having an opportunity to persuade the conduct of entire proceedings off the outside world of the merits of the In discussing the legal basis for the record with the consent of the parties. procedures that those facts reflect. Id. at Periodic Reporting Rule, the Postal It then comments: 17. If the Postal Service would like to Service argues that the Commission [b]y the very nature of the examples add to the documentation that is does not need the information required enumerated, the Commission’s rulemaking required by the rule a discussion of the by the rule to perform any statutory authority is shown to be simply that merits of the procedures that it has used function. It also argues that it conflicts necessary to implement its limited statutory to produce an interim-year CRA, with its right to decide when to file a role: The efficient administration of a hearing nothing in the rule would prevent it rate case under § 3622, its implied right after it has been appropriately initiated under sections 3622, and 3623. The rules now from doing so. Any bias that might to decide when to reveal its evidence and argument in support of its proposed contemplated go far beyond this intended result from this opportunity to persuade role. should benefit the Postal Service. rates, and its implied right to have all The Postal Service’s main argument, analytical activity concerning postal Id. at 14. however, is that if the Commission has rates confined to the 10-month litigation In drawing this narrowing inference, an opportunity to view facts in an window allowed by the Act for rate the Postal Service makes no effort to interim year that might resemble those cases. Substantive Comments at 15–17, account for the broad wording of § 3603, that will be submitted in a future rate 36. which authorizes the Commission not case, it will have more time to form The Postal Service asserts that the only to ‘‘promulgate rules’’ but to opinions about them than it would Postal Reorganization Act does not ‘‘establish procedures’’ and to ‘‘take any otherwise have. Ibid. Contrary to authorize the Commission to adopt other action’’ it deems to be necessary conventional wisdom, the Postal Service periodic reporting requirements. It and proper to carry out its functions and apparently believes that the less time a recognizes that § 3603 of the Act obligations. If § 3603 were meant to staff has to think about a subject, the authorizes the Commission to authorize only rules governing formal less likely its thoughts are to be biased. ‘‘promulgate rules and regulations and hearings, one wonders why Congress As the Greeting Card Publishers point establish procedures * * * and take any saw any need to include § 3603 in the out, the solution to bias in exercising a other action they deem necessary and Act, since the Act already specifies the judicial function is not to obtain less proper to carry out their functions and kind of rules the Commission may adopt knowledge, but to exercise the obligations * * *.’’ In its view, the for that purpose in § 3624(b). The Postal appropriate caution in the use of the Commission’s only role under the Act is Service’s interpretation of § 3603 knowledge obtained. GCA Comments at to process a Postal Service request for renders the section entirely 2–3, n.1. changes in rates within the 10 months unnecessary. It is a basic canon of For example, the Postal Service allotted by the Act. Outside of that 10- statutory construction that statutory expresses concern that an analyst that month litigation window, it reasons, the language will not be construed in such obtains an input dataset from the Postal Postal Rate Commission has no a way as to make another section of the Service could model it differently than functions or obligations, and therefore same statute ‘‘superfluous, void, or 16 the Postal Service modeled it. But this § 3603 does not imply any authority to insignificant.’’ is not a reason to withhold the data. If carry them out. Id. at 8–14. Section 3603 Extends to Commission an intervenor were to model the data The Scope of § 3603 Is as Broad as Its Initiated Proceedings Under §§ 3623 and differently, it would not affect the Postal Language 3622 Service unless the intervenor The Postal Service argues that the By authorizing the Commission not subsequently presented it for just to promulgate rules, but to consideration in a formal hearing. In scope of § 3603 is much narrower than its broad language suggests. It contends ‘‘establish procedures’’ and to ‘‘take any this way, the right of the Postal Service other action’’ it is clear that § 3603 to debate or oppose it before it had an that the following language in § 3624(b) of the Act, which deals with the authorizes the Commission to do more impact on recommended rates would be than promulgate rules of only one preserved. By the same token, if the conduct of formal Commission proceedings, ‘‘specifies the type of rules narrow type. In characterizing the Commission were to model data Commission’s authority as ‘‘the efficient differently, it would not affect the Postal that were contemplated’’ by § 3603. It quotes: administration of a hearing after it has Service unless the Commission been appropriately initiated’’ the Postal subsequently asked the participants in a In order to conduct its proceedings with utmost expedition consistent with Service glosses over the fact that formal hearing to comment on it in a Chapter 36 of the Act gives the Notice of Inquiry. The Commission procedural fairness to the parties, the Commission may (without limitation) Commission discretion to initiate could not affirmatively rely on any such classification hearings under § 3623, model unless it were presented on the adopt rules which provide for— (1) The advance submission of written and complaint cases under § 3662. The record. Here too, the right of the Postal Act authorizes the Commission to Service to debate it or oppose it before direct testimony; (2) The conduct of prehearing exercise its discretion and judgment as it had an impact on recommended rates conferences to define issues, and for to whether there are good grounds for would be preserved.15 other purposes to insure orderly and initiating such hearings. In doing so, the Act contemplates that the Commission 15 In its Substantive Comments, at 12–13, the expeditious proceedings; Postal Service mentions two instances in the will have access to relevant, reasonably Commission’s 30 year history in which a reviewing hearings. This frequency of remand is probably court remanded a Commission Recommended among the lowest of any Federal regulatory body, 16 Public Citizen Health Research Group v. FDA, Decision on the ground that it had employed an and does not offer legitimate grounds for presuming 704 F.2d 1280, 1285 (D.C. Cir. 1983) quoting 2A C. analytical technique without observing the full that the Commission will ignore procedural Sands, Statutes and Statutory Construction § 46.06 range of procedural safeguards required in formal safeguards that accompany formal hearings. (4th ed. 1973).

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current financial data—before hearings volume and revenue estimation issues, from scratch. The Periodic Reporting are held—that would allow the short shrift. All of these considerations Rule is based on that concept as well.17 Commission to make informed apply equally to intervenors in Section 3603 Is Not Restricted to decisions as to whether such hearings Commission proceedings. For them to Measures Whose Need Is ‘‘Compelling’’ were warranted. have meaningful due process, they not The Commission’s duty to determine only need a reasonable chance to The Postal Service comments that if hearings are warranted potentially understand and respond to the Postal certain information required by the extends to hearings to reclassify rate Service’s entire case in the time allotted, Periodic Reporting Rule is not ‘‘strictly categories as subclasses, or vice versa, which they cannot do without the needed to conduct rate and depending, in part, whether they have documentation required by the Periodic classification proceedings’’ and ‘‘not enough common cost-driving Reporting Rule, they need a reasonable required by a compelling and legitimate characteristics. The Commission’s duty chance to develop, propose, and defend function.’’ Substantive Comments at 11, to determine if hearings are warranted alternative cost estimation techniques in 13. It thereby implies that the statutory also potentially extends to complaints the time allotted. This they cannot do threshold for invoking the authority of that certain rates or discounts are unfair without the datasets required by the § 3603 is that a regulation be an because there have been major shifts in Periodic Reporting Rule. indispensable means of achieving a relative cost savings since rates were statutory purpose. This is a gloss on last approved. Determining whether Section 3603 Authorizes Measures § 3603 that cannot be found in the such hearings are warranted requires the Designed To Expedite Minor Cases legislative history or inferred from the Commission to make informed Between omnibus rate cases, the structure of the Act. The provision judgements about subclass and rate Postal Service often files requests for authorizes actions that the Commission category attributable costs. To exercise changes in rates for individual mail deems to be ‘‘necessary and proper to the discretion that the Act calls for, the categories. When it does, it usually carry out their functions and obligations Commission needs access to attributable seeks to expedite the case by seeking a ***.’’ cost estimates about which it can make waiver of the Commission’s normal As the Commission has explained, it some judgments, not just unreviewable, documentation requirements for rate has an obligation to competently bottom-line estimates based on and classification cases found in rules address the full range of issues unknown data sources and estimation 54 and 64. These require the Postal presented by a rate request in the short methods. The partial CRA Service to provide full documentation of time allotted by statute or the even documentation required by the Periodic its base year attributable cost, volume, shorter time allotted by special rule. To Reporting Rule can fulfill this need. and revenue estimates. The Postal help do this it must maintain a certain Section 3603 Authorizes Measures That Service usually files these requests level of expertise in current methods of Make Processing Postal Service under Commission rules that drastically attributable cost, volume, and revenue Requests More Efficient and More Fair shorten the 10-month period that the estimation. The partial documentation statute makes available to intervenors to of the CRA required by the Periodic The more important need that partial litigate a rate case. These range from Reporting Rule will help it to maintain documentation of the CRA fulfills ‘‘experimental’’ cases, which have a this expertise. Maintaining the requisite relates to the omnibus rate cases that the expertise to do the Commission’s job Postal Service files, and the myriad 150-day litigation schedule, to effectively is not a minor consideration minor rate and classification cases that Negotiated Service Agreements, for in making sure that the Postal it files under abbreviated hearing which a 60-day litigation schedule has Reorganization Act functions as schedules. The ‘‘efficient been proposed. administration’’ of those hearings, to These rules allow expedition when Congress intended. As the Supreme quote the Postal Service, is not the intervenors raise only issues of limited Court, in National Greeting Card Commission’s only function. Its scope and complexity. The ability of the Publishers v. USPS, observed: function is not just to conduct those Commission and the intervenors to Congress recognized that the increasing hearings ‘‘efficiently’’ in a severely process such cases within severely economic, accounting, and engineering compressed time frame, but to conduct compressed schedules also depends on complexity of ratemaking issues had caused them fairly. their ability to do without a fully Members of Congress, ‘‘lacking the time, In order to conduct omnibus rate documented request. If a partially- 17 hearings initiated by the Postal Service documented CRA has been filed under The Commission’s expedited rules of practice the Periodic Reporting Rule for an incorporating abbreviated hearing schedules were efficiently, the Commission has to be adopted at the request of the Postal Service. They able to read, comprehend, and in some interim year, the intervenors are much strain the due process protections that the Act respects, repair, the Postal Service’s more likely to be able to do without a provides to intervenors to the limit. So far, the ‘‘cost attribution engine’’ before it can fully documented base year CRA, and intervenors have cooperated in this attempt to the Commission is much more likely to accommodate the Postal Service’s need for speed address the analytical and policy issues and flexibility in ratemaking and classification raised by a rate request. For this process grant the waivers that expedition procedures. The Commission’s expedited rules ask not to swallow up the majority of the requires, and allow cases to proceed the intervenors to assert all of the formal rights that under its expedited rules. they have under highly abbreviated record hearing available hearing time, the Commission procedures in order to meet the Postal Service’s needs to begin the process with an The abbreviated hearing schedules need for flexible ratesetting. It is ironic that after understanding of the current CRA. This provided for by the Commission’s receiving the voluntary cooperation of the requires reasonable familiarity with the expedited rules are Commission intervenors in foregoing some of rigidities of the attempts to implement the ratemaking statutory hearing process that benefit them, the mechanics of the Postal Service’s Postal Service so adamantly seeks to retain all of current cost attribution methods. If it provisions of the Act in a manner the rigidities of the formal hearing process that has to devote a major portion of the consistent with modern needs of the benefit the Postal Service. These include its litigation window to acquiring this Postal Service. The concept behind perceived right to surprise intervenors with all them is that there is not a need in every aspects of its rate requests, thereby maximizing the familiarity, it may have to give the time pressure under which they must litigate, and merits of the Postal Service’s cost case to litigate every issue—including minimizing their access to meaningful due process. attribution methods, as well as basic the mechanical structure of the CRA— See Substantive Comments at 36.

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training and staff support for thorough these things. UPS Comments at 1. The complaints, therefore, can only be based analysis,’’ to place too much reliance on rule does not require the Postal Service on the effects that the rule might have, lobbyists. House Report, at 18. Consequently, to provide any backup data with which if any, on the way that its request is it attempted to remove undue price to audit its books of account, any handled during a rate case.19 discrimination and political influence by documentation of its data collection placing ratesetting in the hands of a Rate Section 410(c)(4) Is Not Relevant to the activities, or any data that would make Commission, composed of ‘‘professional Rule economists, trained rate analysts, and the possible daily monitoring of operations like,’’ id., at 5, independent of Postal service or finances. No oversight is involved, Section 410(c)(4) of the Act exempts management, id., at 13, and subject only to and no investigation is involved. Nor ‘‘[i]nformation prepared for use in Congress’ ‘‘broad policy guidelines,’’ id., at does it involve any hearings, or any connection with proceedings under 12. comments from the public. The rule Chapter 36 of this title’’ from mandatory 462 U.S. 810, at 822. [Emphasis added.] simply requires the Postal Service to file disclosure under the Freedom of In its comment, the Greeting Card some of the routinely prepared Information Act. The Postal Service Association points out that— documentation that support its periodic argues § 410(c)(4) protects information required by the Periodic Reporting Rule Since [the Commission’s] duties centrally financial reports that bear on include acting as an expert decisionmaker on ratemaking.18 from public disclosure not just through matters arising under ch. 36 of title 39, it In discussing the legal basis for the Freedom of Information Act requests, seems clear that obtaining the information Periodic Reporting Rule, the Postal but through any other mechanism, covered by this docket regularly and Service argues that the rule conflicts including Commission rules adopted systematically, in usable form, and in a with its right to decide when to file a under § 3603 of the Act. Id. at 26. timeframe allowing it to be given mature rate case under § 3622, and what it Whether § 410(c)(4) provides a general consideration is a legitimate need. considers to be two corollary rights—the shield of protection for materials GCA Comments at 4. UPS agrees. See right to decide when to reveal its prepared for Chapter 36 litigation is not UPS Comments at 2,4. evidence and argument in support of its a question that needs to be decided as Similarly, the Commission is proposed rates, and the right to have all part of this rulemaking. There is a obligated to afford intervenors analytical activity concerning postal crucial distinction between standard meaningful due process in its rate rates confined to the 10-month litigation financial reports that are routinely hearings. Making the information window allowed by the Act. Substantive prepared for the benefit of management, required by the rule available to Comments at 15–17, 36. and financial reports that have been prospective intervenors will help them adapted to support a specific proposed comprehend the prodigious amount of The Rule Does Not Affect the Timing of revenue requirement and a specific set technical information presented in an Rate Filings of proposed new rates, to be omnibus rate request, and to develop When the Postal Service files a rate implemented in a specific test period. and present alternative estimation request under § 3622 of the Act, a The former class of reports are normal techniques, within the short time complex set of legal consequences business records not prepared primarily allotted by statute. As the OCA points attach. These include the right to for litigation. The Periodic Reporting out, ‘‘providing due process to all receive a recommended decision on Rule requires that some standard participants within a ten-month time proposed rates from the Commission, business records be provided. The period is ‘a compelling and legitimate the right to receive it within ten months, principal effect of providing them is to Commission function.’’’ OCA Reply and a complex set of options that the allow the interested public to learn Comments at 3–4 [footnote omitted]. Governors have to respond to the enough about the way that the Postal The information required by the rule Commission’s recommended decision, Service routinely estimates costs and might not ‘‘make or break’’ the including acceptance, rejection, revenues to comprehend an enormously achievement of the legitimate statutory modification, and the right to appeal complex omnibus rate filing in the goals of maintaining the Commission’s that recommended decision. The narrow litigation window provided. ratemaking expertise, and affording public’s right to intervene, to present Only the latter class of reports are prospective intervenors due process, but evidence, and to appeal the result, also prepared primarily for litigation it will greatly improve the odds. That is attach when the Postal Service files a purposes. The Periodic Reporting Rule all that is required to come within the rate request. authority of § 3603. No legal consequences that affect the 19 The existing Periodic Reporting Rule contains Postal Service or the rates that it may a long list of routinely gathered financial and Illegitimate Purposes Hypothesized for charge attach to the filing of information operating information that is prepared for the the Periodic Reporting Rule benefit of postal management, but also gives the under the Periodic Reporting Rule. Commission and the interested public useful Having identified the legitimate When it complies with the rule, the background information that will help them process statutory functions that the Periodic Postal Service has no further legal a rate case when it is eventually filed. Almost any obligation to do anything. Its of the categories of information covered by the rule Reporting Rule facilitates, it is helpful to are the kind that could be expected to eventually identify what functions the rule is not be discussed and analyzed in a rate case. For designed to serve. The Postal Service 18 It is worth noting that when outside auditors example, for decades, the rule has included suggests that the purpose of the rule is review the Postal Service’s CRA, they perform a accounting period financial reports, reports on ‘‘process audit’’ that is designed only to confirm revenue, pieces, and weight for groups of mail to allow the Commission to conduct that the processing steps that are intended to be (RPW), various management plans, and the CRA ‘‘day-to-day monitoring of [the Postal performed are in fact performed. It does not involve and the Cost Segments and Components report, Service’s] detailed operations and a conceptual audit that addresses the suitability of with partial documentation. For decades the the estimation methods used or the reasonableness rationale for including these reports in the rule was finances’’ [Substantive Comments at 7], of the results obtained. Review of the CRA by the that they help the Commission and the affected ‘‘auditing of the Postal Service’s books Office of the Inspector General, or by GAO, are public understand the kind of information, but not on a regular basis’’ [Id. at 11] and obtain generally not conceptual audits either. There does the specific information, that will be used to ‘‘oversight,’’ ‘‘data collection,’’ and not appear to be any provision in the current support rates when a case is eventually filed. This regulatory regime for regular conceptual audits of helps the Commission process a rate case more ‘‘investigatory powers.’’ Id. at 19. the Postal Service’s cost, volume, and revenue efficiently and more fairly. This is the principal As UPS points out, the updated estimates like the ones that the Commission effect that the rule has on the way that a Postal Periodic Reporting Rule does none of performs intermittently during omnibus rate cases. Service rate request is handled.

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does not apply to them. See GCA B. Disclosure Policy Under the Periodic it seems highly unlikely that the Postal Comments at 5, n. 6. Therefore, the rule Reporting Rule Service will have justification to seek does not infringe on the Postal Service’s The Postal Service expresses a deep- confidential treatment of the materials it right under § 410(c)(4) not to disclose seated insecurity about the will provide to comply with revised rule attorney work product intended for Commission’s willingness and ability to 102. Furthermore, the Commission always Chapter 36 litigation, even if that afford confidential treatment to has conscientiously dealt with requests provision were to apply outside of the materials that it might provide under for confidential treatment of data both context of Freedom of Information Act the Periodic Reporting Rule. The cause during and outside of docketed cases. requests. of this insecurity, it asserts, is its Existing procedures assure that both the experience with Freedom of Information There Is No Statutory Ban on Evaluating Postal Service, and all others providing Act (FOIA) requests for information that Rate-Related Matters Between § 3622 information to the Commission, have it has provided to help the Commission Proceedings ample safeguards to assure that their prepare its report to Congress on Section 3624(c)(1) of the Act requires concerns will be fully heard and international mail under 39 U.S.C. the Commission to transmit a evaluated in timely fashion, and their § 3663. Substantive Comments at 29–30. rights fully protected. recommended decision on the Postal The Postal Service emphasizes that it Service’s request for new rates within 10 is exempt from a duty to disclose Protecting Commercially Sensitive months after receiving the request. The commercial information that ‘‘under Information Required by the Rule Postal Service argues that this provision good business practice would not be In a rate case, a litigant occasionally entitles it to a respite from litigating publicly disclosed’’ by § 410(c)(2) of the rate-related matters outside of this 10- will seek to discover information that 20 Postal Reorganization Act. It argues as another litigant considers to be month period. But the Postal Service though this section of the Act is a goes further, and argues that this respite commercially sensitive. The general-purpose exemption from the Commission resolves such issues by includes a right not to have to think duty to disclose commercial about rate-related matters, and a respite balancing one litigant’s need for the information. Section 410(c)(2), however, information to support its case against from having others think about rate- is expressly limited to the Postal related matters. The Postal Service the potential commercial harm that Service’s duty to respond to FOIA disclosure might cause to the other argues that the Periodic Reporting Rule requests. The Commission’s authority to robs it of the respite to which it is litigant. In such cases there is a general require the Postal Service to provide presumption that discovery should be entitled, because it provides others with information on a periodic basis is not information that would enable them, in granted in order to afford the derived from FOIA, but from its discovering party its due process right the period between rate cases, to study authority under § 3603 of the Act to how postal costs and revenues behave. to prove its case. The tension between adopt procedures that are ‘‘necessary the discovering party’s need to prove its Substantive Comments at 17. and proper’’ to carry out its ratemaking Apparently, in the Postal Service’s case and the opponents need to protect and classification functions. commercially valuable information is view, a ‘‘rate case’’ happens whenever, More to the point, the stated concern and wherever a person’s thoughts turn sometimes resolved by granting about the potential need to afford discovery subject to various protective to postal cost or revenue behavior, and confidential treatment to data provided if the Postal Service didn’t ask them to conditions. For example, only to comply with the proposed rule temporary access may be granted, and do it, § 3624(c)(1) is violated. It is hard changes appears to be largely a red to take this proposition seriously. One only to specified persons or groups. herring. As discussed at some length The CRA documentation that the rule obvious flaw in this logic is the fact that above, all of the information called for requires is among the documentation the Act contains a complaint procedure by the proposed rules have been that the Postal Service has consistently whereby the public may ask the provided and made public in recent disclosed in rate cases without asserting Commission, at any time, to hold a years, either as part of a rate case filing that the documentation has commercial hearing on whether current rates violate or as a courtesy to the Commission. value and without seeking protective the policies of the act. See 39 U.S.C. Except for facility-specific data, the conditions. The minor exception to this § 3662. This cannot be reconciled with Postal Service has never seen fit to Postal Service policy has been its the Postal Service’s ‘‘respite’’ theory. It request confidential treatment for any of consistent request that facility-specific should also be noted that there is this information, and it does not now data, and mailer-specific data, be coded nothing in the legislative history of identify any competitive disadvantage it so as to mask the identity of the facility § 3624(c) to suggest that it was is likely to suffer as a result of public or the mailer. The Postal Service has not motivated by a desire to give the Postal access to these historical operating explained why the same approach could Service a respite from other Chapter 36 results. Except for facility-specific data, not be satisfactorily applied to hearings, let alone give it a respite from disclosure under this rule. others’ rate-related thoughts.21 94–421, 94th Cong., 2d Sess., October 1976, at page In its comments, the Postal Service 334 (Remarks of Senator McGee). A secondary strenuously objects to following the 20 This argument, of course, ignores the various motive was to reduce the Postal Service’s control kinds of hearings that the Act authorizes the over the ratesetting process by lengthening the same disclosure policy with respect to Commission to initiate between rate cases. period that the Postal Service must wait before it the same documentation in the context 21 Section 3624(c)(1) was adopted as part of the puts temporary rates into effect, from 90 days to 10 of the Periodic Reporting Rule. It asserts 1976 amendments to the Act. The legislative history months after it files a rate request. Id. at 51. The that ‘‘the majority of the information of this provision indicates only two motives for OCA asserts that under the original statute, adopting the 10-month time limit for completing temporary rates, as a practical matter, became designated by the Commission’s rate cases. The overriding motive was the desire to permanent rates, shortening the hearing time before proposed rules consists of commercial shorten rate cases so that revenues could be de facto permanent rates were implemented to 90 information that would not be disclosed increased more quickly, and the financial crisis that days. It contends that the effect of the 1976 under good business practices.’’ As part prompted the 1976 amendments would not reoccur. amendments was to greatly expand the opportunity See Report of Committee on Post Office and Civil of intervenors in rate cases to influence the of its justification for this position, it Service, House of Representatives, on H.R. 8603, selection of permanent rates. OCA Reply Comments notes that the material covered by the Postal Reorganization Amendments of 1976, Pub. L. at 4, n.9. rule includes information specific to

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particular facilities. Substantive supporting Postal Service rate requests, able to balance its need for that Comments at 31–32. The position that and to develop alternatives, in the information against the burden and the Postal Service has taken appears to severely compressed litigation window potential commercial harm of providing be based in part on the assumption that available. Having shown the need for it, can only be surmised from the other facility-specific data would somehow be the rule to carry out its functions under provisions of the Postal Reorganization at risk if it were disclosed under the §§ 3622, 3623, and 3662 of the Act, the Act. rule. The Commission has no intention Commission has demonstrated that the The Postal Service frequently points of affording less protection to the rule is the kind of procedure that out that Congress, in adopting the Postal information obtained under the Periodic Congress meant to authorize by the Reorganization Act, intended that the Reporting Rule than it has consistently general language of § 3603. Postal Service function more like a afforded in the context of a rate case. private business than it had been The Rule Does Not Conflict With the functioning. Exemption from The position that the Postal Service has Policy Underlying § 410(c) taken also appears to be influenced by responding to some kinds of FOIA its overly-broad and inaccurate The Commission sees no conflict requests is one way in which the Postal characterizations of the documentation between the Periodic Reporting Rule, as Service resembles a private business. that the rule requires. authorized by § 3603, and the disclosure At the same time, however, Congress policy reflected in § 410(c) of the Act. gave the Postal Service special Express Authority for the Rule Is Not Section 410(c) does not expressly apply monopoly privileges and made it clear Required in contexts other than Freedom of that these privileges carried with them The Postal Service emphasizes that Information Act (FOIA) requests. There special duties toward the public that a the Postal Reorganization Act does not are special considerations that are likely private business does not have. The first expressly authorize the Commission to to have led Congress to exempt the section of the Act, 39 U.S.C. § 101, is require the Postal Service to provide Postal Service from mandatory replete with these special duties. Chief access to information outside the disclosure of commercially sensitive among these are its obligation to provide context of Chapter 36 rate hearings. Id. information in response to FOIA the public with universal service at 24. The Postal Service further requests. The most significant of those [§ 101(b)] that is capable of binding the 22 emphasizes that § 410(c) of the Act considerations is that in deciding nation together [§ 101(a)]. The Postal exempts it from the obligation to whether to comply with a FOIA request, Service is also required to charge rates disclose the following information in an agency may not take into account the that are based on principles of equity response to Freedom of Information Act need of the requesting party for the and other public policies, not just requests: information that it is requesting, NLRB profitability. See § 101(d). The Postal v. Sears, Roebuck & Co., 421 U.S. 132 Rate Commission has a key role to play Information of a commercial nature, (1975) at 143 n. 10, and it generally may in ensuring that rates comply with these including trade secrets, whether or not not take into account its own burden in policies. obtained from a person outside the Postal Given the remarkable dissimilarities Service, which under good business practice complying with such a request. See would not be publicly disclosed. Ruotolo v. Dept. of Justice, 53 F.3d 4, 10 between the Postal Service and a private (2d Cir. 1995). Disclosure is mandatory business with respect to its obligations The Postal Service assumes that unless the information falls within one to the public, it is implausible that § 410(c) not only exempts such of the narrow exemptions that the FOIA Congress would have intended the information from mandatory disclosure makes available. These simplifying Postal Service to have the power to in response to requests filed under the procedures were thought necessary to decide for itself what the outside world Freedom of Information Act, but, by make the FOIA effective, but they may know about it, including what the implication, exempts it from mandatory introduce a procedural arbitrariness that outside world may know about its disclosure under any circumstance, is not necessarily appropriate in all operations and finances that bear on other than pending Chapter 36 hearings. circumstances involving disclosure of ratemaking, except during rate Id. at 26. sensitive materials. Aware that the FOIA litigation. The Commission is not aware Although the Act does not expressly does not allow a balancing of the of any government monopoly that has authorize the Commission to require the public’s need for information against the been granted absolute power to decide Postal Service to provide information potential harm to the agency of for itself what its disclosure policy will outside the context of Chapter 36 providing it, Congress exempted the be. It is much more plausible to surmise hearings, express authority is not Postal Service from disclosing that, apart from litigation, the Postal required, given the availability of commercially sensitive materials in the Service’s power to decide what its § 3603. Because of its broad language, FOIA context. disclosure policy will be is not absolute, any exercise of § 3603 authority is The Postal Service does not have but qualified. One of the respects in necessarily an exercise of implied express authority to withhold which it is qualified is where the authority. The issue is whether it is information that the Commission needs plausibly and reasonably implied. to effectively carry out its functions 22 Section 101(a), states: The Commission has already under the Act. Outside of the FOIA The United States Postal Service shall be explained why it needs the context, Congress did not expressly operated as a basic and fundamental service provided to the people by the Government of the documentation required by the rule if it exempt the Postal Service from United States, authorized by the Constitution, is to effectively evaluate all of the issues disclosure of commercially sensitive created by Act of Congress, and supported by the presented in § 3624 hearings within materials, or expressly make the Postal people. The Postal Service shall have as its basic severely compressed litigation Service the arbiter of what materials function, the obligation to provide postal services to bind the Nation together through the personal, windows. It has already explained why should be considered commercially educational, literary, and business correspondence that information is needed if the sensitive. What Congress intended of the people. It shall provide prompt, reliable, and Commission is to ensure that where another Federal agency, such as efficient services to patrons in all areas and shall render postal services to all communities. The costs intervenors in future rate cases have a the Commission, has demonstrated a of establishing and maintaining the Postal Service realistic opportunity to understand the substantial need for information from shall not be apportioned to impair the overall value immensely complex documentation the Postal Service, and is willing and of such service to the people.

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Commission (which has primary papers, plus computer material, dropped on information required by the rule is ratemaking responsibility under the them with the expectation that they can commercially sensitive. It is very Act) 23 has demonstrated a need for a review, understand, question, and refute difficult to evaluate this assertion limited amount of documentation of those portions that are relevant in time for because it is made at such a general the Commission to issue a recommended level. The Postal Service makes almost routine financial reports to make the decision in ten months. ratesetting process function properly. no effort to identify which of the diverse The Commission’s Periodic Reporting ABM Reply Comments at 2. The OCA information required by the rule it now Rule is a restrained exercise of its summarizes the dilemma of intervenors: believes falls in this category. authority to establish procedures that [a]s a participant in rate cases, the OCA has There are a number of reasons that ensure that its hearings afford watched the complexity and sophistication of this broad assertion of commercial meaningful due process both to the Postal Service presentations rise sensitivity is unexpected. One is Postal Service and to the affected exponentially. The ‘‘lead’’ time required by because the subject matter of the public, and ensure that the Commission the OCA (or any other participant) to match information required by the rule is maintains the expertise that is required the level of the Service’s evidence has also information that the rule has required to make informed rate increased exponentially. But the Postal for decades, and the Postal Service has Service seeks to preserve its lead-time provided for decades, without recommendations. As such, it is advantage of ‘‘six months’’ while denying authorized under § 3603 of the Act. any lead time to participants. At some point suggesting that it is commercially In deciding whether the updated (already passed, as far as the OCA is sensitive. Another reason that this Periodic Reporting Rule is an concerned) the advantage to the Postal assertion is unexpected is because the appropriate exercise of the Service becomes overwhelming, and due information required by the rule is Commission’s § 3603 authority, the process evaporates. Whatever may have information that the Postal Service has questions to be answered are whether motivated the Commission to propose the routinely provided in omnibus rate the need for the information identified new periodic reporting rules, the effect of cases without asserting that it is by the Commission is real and their implementation will be to level the sensitive and without seeking to file it litigation field for participants other than the under protective conditions. substantial, and whether providing it Postal Service. would significantly impair the Furthermore, on several occasions, the functioning of the Postal Service. OCA Reply Comments at 4–5. Postal Service has voluntarily disclosed [Footnote omitted.] much of the CRA documentation that it The Need of Litigants for Meaningful That the playing field is tilted is not now seeks the most strenuously to Due Process merely the self-serving perception of withhold. In 1998, for example, after the If there is a common theme among the intervenors in rate cases. The Federal Docket No. R97–1 omnibus rate case comments received in this docket from court of appeals in Association of was concluded, the Postal Service potential intervenors in rate cases, it is American Publishers, Inc. v. Governors voluntarily provided the Commission that, under current circumstances, the of the United State Postal Service, 485 with an extensively documented litigation ‘‘playing field’’ in omnibus F.2d 768, 779 (D.C. Cir. 1973) has interim-year CRA that was calculated rate cases is tilted so steeply in favor of commented on the problem as well: according to Commission attribution the Postal Service that their basic right [The Postal Service] alone takes in the full methods. The documentation included to due process is jeopardized. The scope of Postal Service operations when the B workpaper spreadsheets and some causes are severe asymmetry in the time presenting its proposals. And it alone is in of the input datasets that the updated and resources available to prepare for a a position to influence the Postal Service’s Periodic Reporting Rule now requires. rate filing, severe asymmetry in access day-to-day accounting procedures and record There was no assertion that this to relevant information, the immense keeping. Outsider challenges to the information was commercially sensitive, scope and detail of the filing, and the fundamental approach the Postal Service and no request that it be maintained short statutory deadline for digesting takes to ratemaking are unlikely to meet with stunning success under these circumstances under protective conditions. Similarly, and reacting to it. As the American [footnote omitted]. on May 30 of this year, the Postal Bankers Association points out Service voluntarily included with its The problem of securing meaningful CRA submitted under the prior version [m]uch of the complexity associated with due process for intervenors in rate cases omnibus rate cases for the Commission and of the Periodic Reporting Rule, the B intervenors arises from the fact that they is real and substantial, and the workpaper spreadsheets for the major cannot even begin to prepare for such a case information required by the updated costs segments (Segments 3, 6, 7, and until it is filed. The changes to the Periodic Reporting Rule is reasonably 14).24 Commission’s rules as proposed in designed to partially solve that problem. Taken together, this history adds up Commission Order No. 1358, which would The remaining question is whether to a shift in the attitude of the Postal require the USPS to periodically file much of providing that information would Service toward the commercial the basic information upon which requests significantly impair the functioning of for new rates are based, would greatly sensitivity of the CRA documentation facilitate effective decision making by the the Postal Service. The Commission has that the updated rule requires. This new Commission and effective participation by explained earlier that the burden of attitude is not satisfactorily justified by intervenors in omnibus rate cases. complying with the rule is a tiny the Postal Service. Once facility fraction of the burden of documenting a ABA Comments at 1–2. American identifiers are removed from the full-blown rate case, primarily because Business Media concurs: required datasets, there is no apparent the Postal Service produces almost all of commercial use to which any of this [w]ith data available on an ongoing basis, not this information routinely anyway, for only would the Commission be better reasons apart from the rule. 24 prepared for a rate filing, but the Postal See Letter of May 30, 2003, from Daniel J. Service’s customers would not bear the Foucheaux, Chief Counsel, Ratemaking, to the Hon. The Postal Service’s Assertions of Steven W. Williams, Secretary, Postal Rate burden of having the ten or twelve feet of Commercial Sensitivity Are Commission. This was apparently done on the Unexpectedly Broad assumption that the B workpapers for these cost 23 See National Association of Greeting Card segments are the current counterpart to the CRA Publishers v. USPS, 462 U.S. 810, 821 (1983) The Postal Service, unexpectedly, documentation that it had provided in past years quoting S. Rep. No. 91–912 at 4 (1970). asserts that the majority of the under the Periodic Reporting Rule.

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documentation could be put, and the Commercial Sensitivity Objections institutional relationship between the Postal Service has suggested none. Involve Only the Frequency of Commission and the Postal Service. The commenters argue that the Postal Disclosure Required by the Rule What did happen over this six-year Service’s main motive in opposing the period of annual disclosure was that the As already noted, the Postal Service Commission had a better opportunity to update to the Periodic Reporting Rule is has consistently disclosed the CRA not its new-found concern for the keep current on the ‘‘state of the art’’ of documentation required by the updated cost attribution as practiced by the commercial sensitivity of this data, but Periodic Reporting Rule to the public in Postal Service. It had a better the loss of the tactical advantage that it its omnibus rate requests and has opportunity to evaluate its forecasting has entering rate cases fully prepared voluntarily disclosed most of this models to see where their assumptions while the intervenors play a desperate documentation in some interim years as held up and where they didn’t. The game of catch up in the short litigation well. It has not asked that it be treated Commission was better able to waive window available. See ABA Comments as commercially sensitive in either some documentation requirements in at 3–4, OCA Reply Comments at 1, UPS context. The Postal Service’s objections minor cases, due to the availability of Reply Comments at 6. American to its disclosure under the Periodic recent Base Year CRA documentation. Business Media’s comments are Reporting Rule, therefore, have to be And, finally, some of the pressure was representative based almost entirely on the prospect taken off of the Commission and the American Business Media submits that that under the rule, these same materials intervenors to quickly digest the what the Postal Service fears is actually the would be disclosed more frequently enormous amount of supporting loss of the enormous advantage it obtains by than they otherwise would be. The logic material filed with omnibus rate springing mountains of data, new costing of the Postal Service’s position seems to requests. methodologies, and hundreds of proposed Recent history with annual rates upon the Commission and other parties be that disclosing these materials is not a mere ten months before a heavily litigated a significant commercial risk when their disclosure, therefore, confirms that it case with dozens of active parties must be disclosure occurs at the frequency that significantly improves the ability of the resolved. it has in the past, but would become a Commission to process rate hearings significant risk if disclosed annually. without causing any of the various ABM Reply Comments at 5. [Footnote forms of institutional harm that the omitted.] The Potential Harm of Annual Postal Service posits. The purpose of the The comments in this docket from Disclosure Has Already Been Tested updates to the Periodic Reporting Rule is to continue the successful pattern of those who have participated in past rate If annual disclosure were the true test hearings agree that the Postal Service’s the FY 1995–FY 2000 period, rather of the dangers of disclosing these than to restructure the Postal assertions of the commercial sensitivity materials, the Postal Service has already of the information required by the Reorganization Act, as the Postal conducted this test. Every year for a six- Service asserts. Periodic Reporting Rule are year period starting with FY 1995 indiscriminately broad. The American (provided in Docket No. MC96–3), and V. Provisions of the Rule Not Related to Bankers Association, for example, ending in FY 2000 (provided in Docket Documentation of the CRA argues that No. R2001–1), the Postal Service has In addition to updating the portions of * * * virtually no other enterprise, including publicly disclosed the CRA the Periodic Reporting Rule that deal those that compete with the Postal Service in documentation that the Periodic with documenting the CRA, the updated the small area where there is direct Reporting Rule now requires. Rather rule reduces the lag allowed for competition, has a cost structure that even than suffer financially, this was by far reporting billing determinants for remotely resembles the cost structure of the the most prosperous period that the USPS. Thus, the sort of data the proposed Express Mail, Priority Mail, and parcel rule changes would require the Postal Service Postal Service has had since the post to 12 months after the close of the to produce does not seem to be the sort of adoption of the Postal Reorganization fiscal year, [§ 102(a)(10)]; requires the data that would give competitors in the small Act in 1970. The Postal Service’s Postal Service to provide its Integrated area where there is competition information competitive services participated fully Financial Plan [§ 102(a)(11)]; requires it of value. in this unprecedented prosperity. This to provide the input data and should dispel the Postal Service’s fears calculations used to produce annual ABA Comments at 4. that annual disclosure of the Total Factor Productivity estimates These commenters point out that only information required by the Periodic [§ 102(a)(12)]; requires it to provide a a few of the Postal Service’s products Reporting Rule will adversely affect its finer level of detail in its quarterly RPW are provided in competitive markets financial prospects or its reports [§ 102(b)(1)]; and requires it to (Express Mail, Priority Mail, and parcel competitiveness. By the same token, it provide On-roll and Paid Employee post), and that their commercial should also dispel the notion that the Statistics (OPRES) [§ 102(c)(4)]. The significance is minor. (They accounted institutional calamities that the Postal Postal Service indicates that it does not for only 7 percent of net postal revenue Service warned would ensue from object to these changes in the updated in FY 2002.) They argue that this annual disclosure will, in fact, occur. Periodic Reporting Rule. Substantive competitive ‘‘tail’’ should not wag the Over this period there was no attempt Comments at 36–37. dog in matters of information by the Commission to monitor day-to- The Postal Service does object to disclosure. They note that if there is day management of the Postal Service, § 102(c)(5), which requires it to provide sensitive information about these to audit its books of account, to the ‘‘HAT’’ report, relating to the Postal services in the materials required by the supervise its data collection activities, Service’s Active Employee Statistical rule, the Postal Service could identify it or develop rate recommendations Summary. It argues that the HAT report with specificity and seek appropriate outside of a pending rate case. Nor did includes miscellaneous information protective conditions to prevent any the Commission compromise any about postal employees, most of which perceived harm. ABA Comments at 4, Governors’ decision through interim- is not related to ratemaking. Id. at 37, GCA Comments at 6–7, UPS Reply year research, or take any other action n.22. While it includes miscellaneous Comments at 6. that ‘‘fundamentally altered’’ the information about employees, the HAT

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report is very relevant to ratemaking should be provided on a date certain, is less detailed than the operating plans because it lists the number of employees shortly after the close of the fiscal year, contained in its accounting period within each pay grade and step within rather than on a floating time table as reports. the many different pay scales used by they now are. It cites an example of the The OCA proposes that the updated the Postal Service. This information, Postal Service voluntarily publicizing Periodic Reporting Rule require the which can not be found in the On-Rolls current volumes for parcel post rate Postal Service to provide its operating and Paid Employee Statistics, is used to categories at a recent National Postal budget projections for all 12 accounting develop several estimates that are Forum as evidence that the Postal periods at the beginning of the fiscal important in determining the revenue Service itself does not consider them to year, rather than provide them shortly requirement in rate cases. For example, be commercially sensitive. Id. at 5. after each accounting period closes. The it is used to develop the average step The Commission agrees that it would OCA’s rationale for adding this increase for bargaining unit employees, be desirable to receive billing requirement to the updated rule is that as well as their attrition rate. The determinant information at a consistent the Commission and the public should information in the HAT report cannot be and shorter interval after the close of not have to wait until several weeks associated with individual employees, each fiscal year. The Commission has, after each accounting period to find out and it is not reported by facility. The however, tried to adhere to a policy of the Postal Service’s operating plan for Postal Service does not contend that the requiring reports under the Periodic that accounting period. OCA Comments availability of the data will have any Reporting Rule that do not add at 4–5. specific detrimental effect on it or its significantly to the burden that the It is not clear that the Board of employees. For these reasons, it is Postal Service already bears when it Governors approves the operating plan included in the updated rule. prepares these reports for its internal as an annual summary document or as purposes. For that reason, the a document that is as detailed as the VI. Suggestions of the Commenters Commission declines to require that OCA describes. It is, therefore, not clear In the past, the Periodic Reporting most billing determinants be provided that requiring accounting period Rule required billing determinants to be on a date certain. operating budget projections would reported within two weeks of their The final Periodic Reporting Rule conform to the criteria that the presentation to postal management. adopts the billing determinant provision Commission applies to the Periodic Since FY 1995, billing determinants as it was proposed in the NPR. It Reporting Rule that it be confined to have been received from 6 to 16 months requires the Postal Service to provide reports that have already been presented after the close of the fiscal year. In the billing determinants for competitive for use by postal management. In view past the Periodic Reporting Rule categories within one year of the close of this ambiguity, and the tenuous allowed billing determinants for Express of the fiscal year to which they apply. demonstration of need for altering the Mail, Priority Mail, and parcel post to be UPS correctly notes that the Postal time at which the rule would obtain this delayed an additional year, causing Service occasionally voluntarily information, the Commission declines them to be from 18 to 28 months ✖ old discloses current volumes for to include this change in the updated when received. In its NPR, the competitive services by rate category. rule. Commission proposed that the rationale However, to the Commission’s The Postal Service is required to file for the distinction between billing knowledge, the Postal Service does not a number of reports with Congress to determinants for competitive mail voluntarily disclose other current billing meet the requirements of chapters 24 classes and other mail classes be determinant detail, such as weight and and 28 of the Postal Reorganization Act. reexamined. In order to focus the zone, for competitive categories. The One is the Comprehensive Statement of reexamination, the Commission updated rule should cut the delay in Postal Operations, which includes an proposed that billing determinants for reporting billing determinant Annual Performance Plan, and annual competitive classes be provided within information for competitive categories Program Performance Reports. Another a year after the close of the fiscal year from roughly two years to one year. The is the five-year Strategic Plan. The OCA to which they apply. NPR at 7. Commission is reluctant to go further in proposes that these and all other reports UPS is the only party to offer this regard, without a more thorough that the Postal Service is required by the substantive comments on this issue. It discussion of the ramifications than has Act to provide to Congress be provided argues that there has never been a been provided in this docket. under the Periodic Reporting Rule as reasoned justification for treating billing At the beginning of each fiscal year, well. Id. at 3–4. The Commission determinants for competitive classes the Postal Service prepares an operating declines to add reports to Congress to its differently than for other classes in the budget that includes detailed operating Periodic Reporting Rules. The context of the Periodic Reporting Rule. expense and revenue projections for the Commission prefers to restrict the rule It points out that the Postal Service coming fiscal year, broken out by to reports prepared for postal provides all billing determinants at the accounting period. Under the Periodic management. The Commission notes same time in support of its omnibus rate Reporting Rule, the Commission that these reports are all readily requests, without suggesting that billing receives the Postal Service’s Financial accessible on the Postal Service’s Web determinants for competitive classes are and Operating Statements several weeks site. commercially sensitive. It argues that after the close of each accounting the Postal Service has never pointed to period. See rule 102(c)(1). These VII. Conclusion any instance in which providing current statements compare the detailed For the reasons discussed above, the billing determinants for competitive operating revenues and expenses Commission hereby amends 39 CFR part services during a rate case has caused it projected in the Postal Service’s 3001 (the Periodic Reporting Rules) as competitive harm, nor identified any operating budget with actual results. set forth below in this order. Any way in which a competitor could use Under the updated Periodic Reporting suggestion or request to modify the current billing determinants to put the Rule, the Postal Service would provide Commissions rules raised by any Postal Service at a competitive an annual Operating Plan as part of its participant not specifically addressed disadvantage. UPS Comments at 2–4. It Integrated Financial Plan. See rule herein is denied. also argues that all billing determinants 102(a)(11). This annual Operating Plan It is ordered:

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(1) The Commission adopts the principles or methods from the previous (6) Worker’s Compensation Report, provisions set forth below amending 39 report will be identified. The Postal including summary workpapers (two CFR § 3001.102. Service shall submit a CRA–USPS weeks after release of the Annual Report (2) The Secretary shall cause this Version, followed within two weeks by of the Postmaster General). notice of adoption of a final rule to be a CRA–PRC Version. Documentation of (7) Annual Report of the Postmaster published in the Federal Register. both versions of the CRA shall include, General. Issued November 3, 2003. but not be limited to, the following: (8) Congressional Budget Submission, (i) Spreadsheet workpapers By the Commission. including workpapers. The Postal underlying the development of segment Service will also file concurrently Steven W. Williams, costs by cost component. These Secretary. Summary Tables SE 1, 2, and 6 workpapers should include the updated (coinciding with their submission to List of Subjects in 39 CFR Part 3001 factors, and data from the supporting Congress). data systems used, including the In- (9) Audit Adjustment Vouchers, if Administrative practice and Office Cost System (IOCS), Management any. procedure, Postal Service. Operating Data System (MODS), City For the reasons stated in the Carrier Cost System (CCCS), Rural (10) Billing Determinants, at the level accompanying Order, the Commission Carrier Cost System (RCCS), and of detail employed in the most recent adopts the following amendments to 39 National Mail Count. formal request for a change in rates or CFR part 3001. (ii) Documentation of any special fees. The provision of billing study that has a substantial effect on determinants for Express Mail, Priority PART 3001—RULES OF PRACTICE estimated costs in any cost segment and Mail, and parcel post may be delayed up AND PROCEDURE was not documented in the most to 12 months from the close of the fiscal year to which they apply. 1. The authority citation for part 3001 recently completed general rate (11) USPS Integrated Financial Plan. continues to read as follows: proceeding. (A) Documentation shall consist of all (12) Input data and calculations used Authority: 39 U.S.C. 404(b); 3603; 3622– input data and all processing programs to produce annual Total Factor 24; 3661; 3662; 3663. used to obtain the results of the special Productivity estimates. Subpart G—Rules Applicable to the study. (b) Quarterly reports. The following (B) The Postal Service may elect to Filing of Reports by the U.S. Postal information will be filed by the Postal provide a written or oral presentation Service Service quarterly: describing the data and the estimating (1) Revenue, Pieces, and Weight, by 2. Revise § 3001.102 to read as follows: techniques used, as well as the results rate category and special service. of the special study, and to apply for a (2) Origin/Destination Information § 3001.102 Filing of reports. waiver of the requirement in paragraph Report National Service Index. Each report listed in this section shall (a) of this section. (c) Accounting period reports. The be filed with the Secretary of the (2) Cost Segments and Components following information will be filed by Commission within two weeks of its Report. Documentation shall include, the Postal Service each accounting presentation for use by postal but not be limited to, the following: period: management, unless otherwise noted. (i) Cost segments and components Each report should be provided in a reconciliation to financial statements (1) Summary Financial and Operating form that can be read by publicly and account reallocations. Report. available PC software. A processing (ii) The Manual Input Requirement, (2) National Consolidated Trial the ‘‘A’’ report, and the ‘‘B’’ report; program that was developed specifically Balances and the Revenue and Expense (iii) The control string commands for to produce an accompanying workpaper Summary. the ‘‘A’’ report, the ‘‘B’’ report (3) National Payroll Hours Summary. must be provided in a form that can be (including the PESSA factor executed by publicly available PC (4) On-Roll and Paid Employee calculations), and the ‘‘C’’ report; Statistics (OPRES). software. COBOL processing programs (iv) The master list of cost segment in use prior to FY 2003 are exempt from components, including the components (5) Postal Service Active Employee this requirement. The reports and used as distribution keys in the Statistical Summary (HAT report). information required to be provided by development of the ‘‘B’’ report and the (d) Miscellaneous reports. The this subpart need not include matters ‘‘C’’ report. following information will be filed by that are exempt from disclosure by law. (3) City delivery information, the Postal Service: Whenever a specific source is cited in including the number of routes by type, (1) Before/After Pay Increase Reports. this section, that citation includes any the number of possible deliveries by (2) Before/After COLA Cost Reports. successor or substituted source. type, the number of collection boxes, (3) A master list of publications and (a) Annual reports. The following and the number of businesses served handbooks including those related to information will be filed by the Postal (120 days from the close of the fiscal internal information procedures, when Service annually. If it is presented for year). changed. use by postal management at more (4) Rural carrier information, (4) Data collection forms and frequent intervals, it shall be filed at including the number of routes by type corresponding training handbooks, those intervals: and miles, stops, boxes served, and mail when changed. (1) All input data and all processing pieces by route type (120 days from the (5) Notice of changes in data reporting programs that have changed since the close of the fiscal year). systems, 90 days before those changes most recently completed general rate (5) Civil Service Retirement Fund are implemented. proceeding, if they are used to produce Deficit Report (two weeks after release the Cost and Revenue Analysis Report of the Annual Report of the Postmaster [FR Doc. 03–28643 Filed 11–18–03; 8:45 am] (CRA). Each change in attribution General). BILLING CODE 7710–01–P

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Part III

Department of Transportation Federal Aviation Administration

14 CFR Parts 121, 135, and 145 Special Federal Aviation Regulation No. 36, Development of Major Repair Data; Direct Final Rule

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DEPARTMENT OF TRANSPORTATION DC, between 9 a.m. and 5 p.m., Monday person listed under FOR FURTHER through Friday, except Federal holidays. INFORMATION CONTACT. You can find out Federal Aviation Administration For more information on the more about SBRFA on the Internet at rulemaking process, see the our site, http://www.gov/avr/arm/ 14 CFR Parts 121, 135, and 145 SUPPLEMENTARY INFORMATION section of sbrefa.htm. For more information on [Docket No. FAA–2003–16527; Amendment this document. SBREFA, e-mail us 9–AWA– No. SFAR 36–8] Privacy: We will post all comments [email protected]. we receive, without change, to http:// Background RIN 2120–AI09 dms.dot.gov, including any personal information you provide. For more Special Federal Aviation Regulation History information, see the Privacy Act No. 36, Development of Major Repair On January 6, 1999, the FAA discussion in the SUPPLEMENTARY Data published Special Federal Aviation INFORMATION section of this document. Regulation (SFAR) No. 36, Development AGENCY: Federal Aviation Docket: To read background of Major Repair Data, in the Federal Administration, DOT. documents or comments received, go to Register (64 FR 958). The rule became ACTION: Direct final rule; request for http://dms.dot.gov at any time or to effective January 23, 1999. The rule comments. Room PL–401 on the plaza level of the provided a 5-year extension to an earlier Nassif Building, 400 Seventh Street, version of SFAR 36 that was set to SUMMARY: The Federal Aviation SW., Washington, DC, between 9 a.m. expire in January, 1999. The SFAR Administration amends and extends and 5 p.m., Monday through Friday, allows authorized certificate holders Special Federal Aviation Regulation No. except Federal holidays. (domestic repair stations, air carriers, air 36 (SFAR 36). This final rule extends FOR FURTHER INFORMATION CONTACT: taxi operators of large aircraft, and the SFAR 36 expiration date five years. Ralph Meyer, Delegation and commercial operators of large aircraft) to Also, in this final rule, the FAA makes Airworthiness Programs Branch, approve aircraft products and articles a technical amendment to Section No. 4 Aircraft Engineering Division, AIR–140, for return to service after completing (Application) of SFAR 36. SFAR 36 Federal Aviation Administration, Mike major repairs. This is done using data allows holders of authorized repair Monroney Aeronautical Center, PO Box developed by the holder and not station or aircraft operating certificates 25082, Oklahoma City, Oklahoma, directly approved by the FAA. to approve aircraft products or articles 73125; telephone (405) 954–7072; Currently, 17 air carrier and domestic for return to service after completing facsimile (405) 954–4104, e-mail repair station certificate holders have major repairs using self-developed [email protected]. SFAR 36 authorizations. Without an repair data not directly approved by the extension of SFAR 36, these FAA. Extension of the regulation SUPPLEMENTARY INFORMATION: authorizations will expire on January continues to provide, for those who Availability of Rulemaking Documents 23, 2004. qualify, an alternative to gaining direct Absent SFAR 36, qualified certificate FAA approval of major repair data on a You can get an electronic copy using holders must obtain case-by-case case-by-case basis. The technical the Internet by: (1) Searching the Department of approval for data they develop for major amendment to Section No. 4 Transportation’s electronic Docket repairs. The only alternative to the time- (Application) is necessary to accurately Management System (DMS) Web page consuming approval method is a formal reflect the appropriate FAA office to (http://dms.dot.gov/search); exemption granting relief from this which applications should be (2) Visiting the Office of Rulemaking’s requirement. Historically, the number of submitted. Web page at http://www.faa.gov/avr/ such exemptions granted by the FAA DATES: This amendment becomes arm/index.cfm; or indicated that revisions to the effective January 23, 2004. Comments (3) Accessing the Government regulations were necessary. As a result, for inclusion in the Rules Docket must Printing Office’s Web page at http:// the Agency originally adopted SFAR 36 be received on or before December 19, www.access.gpo.gov/su_docs/aces/ on January 23, 1978, as an interim 2003. aces140.html. rulemaking action. Adoption of the ADDRESSES: You may send comments You can also get a copy by submitting SFAR removed the need for petitions for [identified by Docket Number FAA– a request to the Federal Aviation exemption and gave us additional time 2003–16527] using any of the following Administration, Office of Rulemaking, to gather the information needed to methods: ARM–1, 800 Independence Avenue, develop a permanent rule change. • DOT Docket Web site: Go to SW., Washington, DC 20591, or by However, most of the affected certificate http://dms.dot.gov and follow the calling (202) 267–9680. Make sure to holders did not use the provisions of instructions for sending your comments identify the docket number, notice SFAR 36 until it was well into its electronically. number, or amendment number of this second year, nearing its original • Government-wide rulemaking Web rulemaking. expiration date of January 23, 1980. Because we lacked the data necessary to site: Go to http://www.regulations.gov Small Business Regulatory Enforcement create a permanent rule change, the and follow the instructions for sending Fairness Act your comments electronically. Agency extended the termination date. • Mail: Docket Management Facility; The Small Business Regulatory Related Activity U.S. Department of Transportation, 400 Enforcement Fairness Act (SBREFA) of Seventh Street, SW., Nassif Building, 1996 requires FAA to comply with Development of a permanent rule Room PL–401, Washington, DC 20590– small entity requests for information or change was delayed in anticipation of a 001. advice about compliance with statutes recommendation on the subject from the • Fax: 1–202–493–2251. and regulations within its jurisdiction. Aviation Rulemaking Advisory • Hand Delivery: Room PL–401 on Therefore, any small entity that has a Committee (ARAC). On October 22, the plaza level of the Nassif Building, question regarding this document may 1998, the ARAC submitted a proposal 400 Seventh Street, SW., Washington, contact their local FAA official, or the for permanent regulatory change. The

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proposal described an Organization confirming the date on which the final Paperwork Reduction Act Designation Authorization (ODA) rule will become effective. If the FAA In accordance with the Paperwork program that would expand and further does receive, within the comment Reduction Act of 1995, 44 U.S.C. standardize the approval functions of period, an adverse or negative comment, § 3507(d), the FAA has determined that the FAA designee system. It proposed or written notice of intent to submit there are no new requirements for that certain functions and procedures, such a comment, a document information collection associated with including those covered by SFAR 36, be withdrawing the direct final rule will be this SFAR. terminated and covered instead by an published in the Federal Register, and Organization Designation Authorization. a notice of proposed rulemaking may be International Compatibility In 1999, we extended SFAR 36 an published with a new comment period. In keeping with U.S. obligations additional five years to allow for the Comments Invited under the Convention on International development and implementation of the Civil Aviation, it is FAA policy to ARAC proposal. comply with International Civil However, despite the progress made The FAA invites interested persons to Aviation Organization (ICAO) Standards so far, we have delayed implementing participate in this rulemaking by and Recommended Practices to the the ODA delegation system. We did this submitting written comments, data, or maximum extent practicable. The FAA to allow time to gain experience views. We also invite comments relating has determined that there are no ICAO managing organizations under FAA to the economic, environmental, energy, Standards and Recommended Practices Order 8100.9, DAS, DOA, and SFAR 36 or federalism impacts that might result Authorization Procedures, issued in from adopting this rule. The most that correspond to these regulations. August, 2002. The management helpful comments reference a specific Economic Assessment, Regulatory principles incorporated by this Order portion of the rule, explain the reason Flexibility Determination, Trade Impact serve as the basis for managing ODA for any recommended change, and Assessment, and Unfunded Mandates holders. Even if an ODA proposal were include supporting data. We ask that Assessment published immediately, it would not be you send us two copies of written Proposed changes to Federal effective prior to the current expiration comments. regulations must undergo several date of SFAR 36. The SFAR must be We will file in the docket all economic analyses. First, Executive extended to continue the status quo and comments we receive, as well as a Order 12866 directs each Federal agency avoid significant economic and report summarizing each substantive procedural disruption in returning to to propose or adopt a regulation only public contact with FAA personnel upon a reasoned determination that the the earlier system of approvals. concerning this rulemaking. The docket Paragraph 4 of the SFAR currently benefits of the intended regulation is available for public inspection before justify its costs. Second, the Regulatory requires that the application for and after the comment closing date. If authority be filed with the appropriate Flexibility Act of 1980 requires agencies you wish to review the docket in to analyze the economic impact of FAA Flight Standards District Office. person, go to the address in the The more appropriate office for the regulatory changes on small entities. ADDRESSES section of this preamble applications is now the FAA Certificate Third, the Trade Agreements Act (19 between 9 a.m. and 5 p.m., Monday Holding District Office. A technical U.S.C. 2531–2533) prohibits agencies through Friday, except Federal holidays. amendment is made to the SFAR to from setting standards that create You may also review the docket using identify the correct office for unnecessary obstacles to the foreign the Internet at the web address in the applications. commerce of the United States. In ADDRESSES section. developing U.S. standards, this Trade The Direct Final Rule Procedure Privacy Act: Using the search function Act also requires agencies to consider The FAA anticipates that this of our docket web site, anyone can find international standards and, where regulation will not result in adverse or and read the comments received into appropriate, use them as the basis of negative comment and therefore is any of our dockets, including the name U.S. standards. And fourth, the issuing it as a direct final rule. This will of the individual sending the comment Unfunded Mandates Reform Act of 1995 be the sixth time the FAA has extended (or signing the comment on behalf of an requires agencies to prepare a written SFAR 36. When this rule was published association, business, labor union, etc.). assessment of the costs, benefits and as a notice of proposed rulemaking on You may review DOT’s complete other effects of proposed or final rules November 2, 1998, the FAA received no Privacy Act Statement in the Federal that include a Federal mandate likely to comments. Because the Agency is Register published on April 11, 2000 result in the expenditure by State, local simply extending the termination date (65 FR 19477–78) or you may visit or tribal governments, in the aggregate, of this SFAR, and failing to do so would http://dms.dot.gov. or by the private sector, of $100 million have serious adverse economic or more annually (adjusted for consequences for both industry and We will consider all comments we inflation). government, the FAA asserts that receive on or before the closing date for In conducting these analyses, FAA publishing a direct final rule best serves comments. We will consider comments has determined this rule: (1) Has the public interest. Unless a written filed late if it is possible to do so benefits which do justify its costs, is not adverse or negative comment, or a without incurring expense or delay. We a ‘‘significant regulatory action’’ as written notice of intent to submit an may change this rule in light of the defined in the Executive Order and is adverse or negative comment is received comments we receive. not ‘‘significant’’ as defined in DOT’s within the comment period, the If you want the FAA to acknowledge Regulatory Policies and Procedures; (2) regulation will become effective on the receipt of your comments on this rule, will not have a significant impact on a date specified above. After the close of include with your comments a pre- substantial number of small entities; (3) the comment period, the FAA will addressed, stamped postcard on which has no impact on international trade; publish a document in the Federal the docket number appears. We will and, (4) does not impose an unfunded Register indicating that no adverse or stamp the date on the postcard and mail mandate on State, local, or tribal negative comments were received and it to you. governments, or on the private sector.

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Under the Department of objectives, such as safety, are not 14 CFR Part 145 Transportation Order DOT 2100.5 for considered unnecessary obstacles. The Air carriers, Air transportation, regulations with an expected minimal statute also requires consideration of Aircraft, Aviation safety, Safety. impact, the above-specified analyses are international standards and, where not required. If it is determined the appropriate, that they be the basis for The Amendment expected impact is so minimal that the U.S. standards. The FAA has assessed ■ In consideration of the foregoing, the proposal does not warrant a full the potential effect of this final rule, and Federal Aviation Administration evaluation, a statement to that effect and because this rule applies only to amends Chapter I of Title 14 of the Code the basis for it is included in the domestic firms, there will be no impact of Federal Regulations parts 121, 135, proposed regulation. The FAA has on international trade. and 145 as follows: determined that this rule does not Unfunded Mandates Assessment warrant a full evaluation for the PART 121—OPERATING following reasons. The Unfunded Mandates Reform Act REQUIREMENTS: DOMESTIC, FLAG, This final rule extends the existing of 1995 (the Act) is intended, among AND SUPPLEMENTAL OPERATIONS provisions of SFAR 36 for five years. other things, to curb the practice of SFAR 36 allows authorized parties to imposing unfunded Federal mandates ■ 1. The authority citation for part 121 use self-developed repair data to return on State, local, and tribal governments. continues to read as follows: products into service and to perform Title II of the Act requires each Federal Authority: 49 U.S.C. 106(g), 40113, 40119, major repairs without the direct agency to prepare a written statement 41706, 44101, 44701–44702, 44705, 44709– approval of this data by the FAA. A assessing the effects of any Federal 44711, 44713, 44716–44717, 44722, 46105. disruption of this current practice is mandate in a proposed or final agency likely to result in operational delays and rule that may result in a $100 million or PART 135—OPERATING increase approval costs. Thus, the more expenditure (adjusted annually for REQUIREMENTS: COMMUTER AND benefit of this rule is the expense inflation). ON-DEMAND OPERATIONS avoided of submitting such repair data This final rule contains no such for FAA approval. Extending SFAR 36 ■ 2. The authority citation for part 135 mandate. Therefore, the requirements of will not impose cost on the industry or continues to read as follows: Title II of the Act do not apply to this the FAA. Because the final rule has Authority: 49 U.S.C. 106(g), 41706, 44113, regulation. positive, although not quantifiable 44701–44702, 44705, 44709, 44711–44713, benefits and no costs, the FAA has Executive Order 13132, Federalism 44715–44717, 44722. determined the benefits exceed the costs of the final rule. This extension of SFAR The FAA has analyzed this final rule PART 145—REPAIR STATIONS 36 will have a minimal impact, while under the principles and criteria of Executive Order 13132, Federalism. We ■ 3. The authority citation for part 145 not extending SFAR 36 will disrupt continues to read as follows: current business operations and raise determined that this action will not approval costs both to industry and the have a substantial direct effect on the Authority: 49 U.S.C. 106(g), 40113, 44701– FAA. States, or the relationship between the 44702, 44707, 44717. national Government and the States, or ■ Regulatory Flexibility Act on the distribution of power and 4. Special Federal Aviation Regulation responsibilities among the various No. 36 is amended by revising paragraph The Regulatory Flexibility Act (RFA) 3(a)(1), paragraph 4 introductory text, of 1980, 5 U.S.C. 601–612, directs the levels of government. Therefore, we determined that this final rule does not paragraph 7 introductory text, and the FAA to fit regulatory requirements to termination date to read as follows: the scale of the business, organizations, have federalism implications. and governmental jurisdictions subject Environmental Analysis SPECIAL FEDERAL AVIATION to the regulation. We are required to REGULATION No. 36 determine whether a proposed or final FAA Order 1050.1D defines FAA * * * * * action will have a ‘‘significant economic actions that may be categorically 3. * * * impact on a substantial number of small excluded from preparation of a National (a) * * * entities,’’ as defined in the Act. If we Environmental Policy Act (NEPA) (1) Has been issued an authorization find that the action will have a environmental impact statement. In under, and a procedures manual that significant impact, we must do a accordance with FAA Order 1050.1D, complies with, Special Federal Aviation ‘‘regulatory flexibility analysis.’’ appendix 4, paragraph 4(j), this Regulation No. 36–8, effective on This final rule extends the expiration rulemaking action qualifies for a January 23, 2004; date of SFAR 36. Its economic impact is categorical exclusion. minimal. Therefore, the FAA certifies * * * * * List of Subjects that this action will not have a 4. Application. The applicant for an significant economic impact on a 14 CFR Part 121 authorization under this Special Federal substantial number of small entities. Aviation Regulation must submit an Air carriers, Airworthiness directives application, in writing, and signed by an Trade Impact Assessment and standards, Aviation safety, Safety. officer of the applicant, to the FAA Certificate Holding District Office The Trade Agreement Act of 1979 14 CFR Part 135 prohibits Federal agencies from charged with the overall inspection of engaging in any standards or related Air carriers, Air taxis, Air the applicant’s operations under its activities that create unnecessary transportation, Aircraft, Airmen, certificate. The application must obstacles to the foreign commerce of the Airplanes, Airworthiness, Aviation contain— United States. Legitimate domestic safety, Helicopters, Safety. * * * * *

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1. Duration of Authorization. Each otherwise terminated. Upon termination Issued in Washington, DC, on November authorization issued under this Special of such authorization, the terminated 13, 2003. Federal Aviation Regulation is effective authorization holder must: Marion C. Blakey, from the date of issuance until January * * * * * Administrator. 23, 2009, unless it is earlier This Special Federal Aviation [FR Doc. 03–28888 Filed 11–18–03; 8:45 am] surrendered, suspended, revoked, or Regulation terminates January 23, 2009. BILLING CODE 4910–13–P

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Part IV

Department of Transportation Federal Aviation Administration

14 CFR Part 91 Prohibition Against Certain Flights Within the Territory and Airspace of Iraq; Final Rule

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DEPARTMENT OF TRANSPORTATION within the FAA’s jurisdiction. List of Subjects in 14 CFR Part 91 Therefore, any small entity that has a Federal Aviation Administration question regarding this document may Air traffic control, Aircraft, Airmen, contact its local FAA official. Internet Airports, Aviation safety, Freight, Iraq. 14 CFR Part 91 users can find additional information on The Amendment [Docket No. FAA–2003–14766; SFAR No. 77] SBREFA on the FAA’s web page at http://www.faa.gov/avr/arm/sbrefa.htm For the reasons set forth above, the Prohibition Against Certain Flights and send electronic inquiries to the Federal Aviation Administration Within the Territory and Airspace of following Internet address: 9–AWA– amends part 91 of title 14 of the Code Iraq [email protected]. of Federal Regulations as follows: AGENCY: Federal Aviation Background PART 91—GENERAL OPERATING AND Administration (FAA), DOT. SFAR 77, which was issued October FLIGHT RULES ACTION: Final rule; amendment. 16, 1996, prohibits flight operations within the territory and airspace of Iraq ■ 1.The authority citation for part 91 SUMMARY: This action amends Special by any United States air carrier or continues to read as follows: Federal Aviation Regulation (SFAR) No. commercial operator, by any person Authority: 49 U.S.C. 106(g), 1155, 40103, 77 to allow certain limited overflights of exercising the privileges of an airman Iraq, subject to the permission of the 40113, 40120, 44101, 44111, 44701, 44709, certificate issued by the FAA except 44711, 44712, 44715, 44716, 44717, 44722, appropriate authorities in Iraq and in persons operating U.S.-registered 46306, 46315, 46316, 46504, 46506–46507, accordance with the conditions aircraft for a foreign air carrier, or by a 47122, 47508, 47528–47531, articles 12 and established by those authorities. The person operating an aircraft registered in 29 of the Convention on International Civil United States Government recently has the United States unless the operator of Aviation (61 stat. 1180). determined that certain overflights may such aircraft is a foreign air carrier. The be conducted safely. prohibition was issued in response to ■ 2. Revise paragraph 2 of Special EFFECTIVE DATE: November 19, 2003. concerns for the safety and security of Federal Aviation Regulation No. 77 to FOR FURTHER INFORMATION CONTACT: flights within the territory and airspace read as follows: David Catey, Air Transportation of Iraq. In the final rule, the FAA cited Special Federal Aviation Regulation Division, Flight Standards Service, a threat made by then President Saddam No. 77—Prohibition Against Certain Federal Aviation Administration, 800 Hussein who urged his country to Flights Within the Territory and Independence Avenue, SW., ignore both the southern and northern Airspace of Iraq Washington, DC 20591. Telephone: no-fly zones and to attack ‘‘any air target (202) 267–3732 or 267–8166. of the aggressors.’’ The FAA was * * * * * SUPPLEMENTARY INFORMATION: concerned that this threat could apply 2. Flight prohibition. No person may to civilian as well as military aircraft, conduct flight operations over or within Availability of Rulemaking Documents and therefore issued SFAR 77 without the territory of Iraq except as provided You can get an electronic copy using an expiration date. in paragraphs 3 and 4 of this SFAR or the Internet by: The United States Government has except as follows: (1) Searching the Department of determined that certain limited (a) Overflights of Iraq may be Transportation’s electronic Docket overflights of Iraq now may be conducted above flight level (FL) 200 Management System (DMS) Web page conducted safely. Therefore, the FAA is subject to the approval of, and in (http://dms.dot.gov/search); amending SFAR 77 to permit overflights accordance with the conditions (2) Visiting the Office of Rulemaking’s of Iraq above Flight Level 200. This established by, the appropriate Web page at http://www.faa.gov/avr/ amendment also permits aircraft authorities of Iraq. arm/index.cfm; or departing from countries adjacent to (3) Accessing the Government Iraq to operate at altitudes below FL 200 (b) Flights departing from countries Printing Office’s Web page at http:// within Iraq to the extent necessary to adjacent to Iraq whose climb www.access.gpo.gov/su_docs/aces/ permit a climb above FL 200 if the climb performance will not permit operation aces140.html. performance of the aircraft will not above FL 200 prior to entering Iraqi You can also get a copy by submitting permit operation above FL 200 prior to airspace may operate at altitudes below a request to the Federal Aviation entering Iraqi airspace. Both types of FL 200 within Iraq to the extent Administration, Office of Rulemaking, operations must be conducted with the necessary to permit a climb above FL ARM–1, 800 Independence Avenue, approval of, and in accordance with the 200, subject to the approval of, and in SW., Washington, DC 20591, or by conditions established by, the accordance with the conditions calling (202) 267–9680. Make sure to appropriate authorities of Iraq. established by, the appropriate identify the amendment number or authorities of Iraq. Immediate Adoption docket number of this rulemaking. (c) [Reserved] Because this action lifts a prohibition * * * * * Small Entity Inquiries on certain overflights of Iraq, I find that The Small Business Regulatory notice and public comment under 5 Issued in Washington, DC, on November Enforcement Fairness Act of 1996 U.S.C. 533(b) are unnecessary and 13, 2003. (SBREFA) requires the FAA to comply contrary to the public interest. Further, Marion C. Blakely, with small entity requests for I find that good cause exists under 5 Administrator. information and advice about U.S.C. 533(d) for making this rule [FR Doc. 03–28885 Filed 11–18–03; 8:45 am] compliance statutes and regulations effective immediately upon issuance. BILLING CODE 4910–13–P

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Reader Aids Federal Register Vol. 68, No. 223 Wednesday, November 19, 2003

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING NOVEMBER

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. 130...... 62226, 64504 Presidential Documents 3 CFR 145...... 64507 Executive orders and proclamations 741–6000 Proclamations: 147...... 64507 The United States Government Manual 741–6000 7727...... 62351 319...... 62228 7728...... 62503 381...... 62228, 63983 Other Services 7729...... 62505 Electronic and on-line services (voice) 741–6020 Proposed Rules: 7730...... 62507 93...... 62386 Privacy Act Compilation 741–6064 7731...... 64483 94...... 62386, 64274 Public Laws Update Service (numbers, dates, etc.) 741–6043 7732...... 64485 95...... 62386 TTY for the deaf-and-hard-of-hearing 741–6086 7733...... 64491 7734...... 64977 10 CFR 7735...... 65153 ELECTRONIC RESEARCH 7736...... 65155 11...... 62509 25...... 62509 World Wide Web Executive Orders: 12170 (See Notice of Proposed Rules: Full text of the daily Federal Register, CFR and other publications November 12, 61...... 64993 is located at: http://www.access.gpo.gov/nara 2003) ...... 64489 11 CFR Federal Register information and research tools, including Public Administrative Orders: Inspection List, indexes, and links to GPO Access are located at: Memorandums: 102...... 64512 http://www.archives.gov/federallregister/ Memorandum of 106...... 64517 110...... 64512 E-mail October 20, 2003 ...... 63975 Presidential Proposed Rules: FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Determinations: 110...... 64571 an open e-mail service that provides subscribers with a digital No. 2004-05 of 113...... 64571 form of the Federal Register Table of Contents. The digital form October 21, 2003 ...... 63977 9004...... 64571 of the Federal Register Table of Contents includes HTML and No. 2004-06 of 9034...... 64571 PDF links to the full text of each document. October 21, 2003 ...... 63979 14 CFR To join or leave, go to http://listserv.access.gpo.gov and select No. 2004-07 of Online mailing list archives, FEDREGTOC-L, Join or leave the list November 1, 2003 ...... 63981 23...... 63011, 64520 (or change settings); then follow the instructions. Notices: 35...... 64799 Notice of November 39 ...... 62228, 62231, 62233, PENS (Public Law Electronic Notification Service) is an e-mail 12, 2003 ...... 64489 62513, 63013, 64263, 64266, service that notifies subscribers of recently enacted laws. 64268, 64270, 64802, 64980, To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 5 CFR 64982, 65157 and select Join or leave the list (or change settings); then follow 532...... 64493 71 ...... 62514, 62515, 62732, the instructions. 2600...... 62213 62733, 62734, 62735, 63017, FEDREGTOC-L and PENS are mailing lists only. We cannot 3601...... 64979 63985, 64522, 64523, 64524, respond to specific inquiries. 65159, 65161, 65162, 65163 7 CFR 73...... 64525 Reference questions. Send questions and comments about the 20...... 62213 91...... 65382 Federal Register system to: [email protected] 205...... 62215 97 ...... 62234, 64983, 64985 The Federal Register staff cannot interpret specific documents or 319...... 63983 121...... 65376 regulations. 331...... 62218 135...... 65376 762...... 62221 145...... 65376 FEDERAL REGISTER PAGES AND DATE, NOVEMBER 764...... 62221 Proposed Rules: 905...... 64494 1...... 64730, 64993 62213–62350...... 3 916...... 64499 21...... 64730, 64993 62351–62502...... 4 917...... 64499 25...... 64730, 64993 62503–62730...... 5 989...... 64502 33...... 64730, 64993 1580...... 62731 62731–63010...... 6 39 ...... 62405, 62408, 62409, 1910...... 62221 62415, 62544, 62545, 64001, 63011–63732...... 7 1924...... 62221 64002, 64006, 64282, 64283, 63733–63982...... 10 1941...... 62221 64286, 64288, 64290, 64295, 63983–64262...... 12 1943...... 62221 64572, 64822, 64823, 64825, 64263–64490...... 13 1955...... 62221 64827, 64830, 64994, 64996, 64491–64798...... 14 Proposed Rules: 64998, 65000, 65003, 65005, 64799–64976...... 17 457...... 64570 65006, 65008, 65011 64977–65152...... 18 624...... 65202 71 ...... 62548, 62758, 62759, 65153–65382...... 19 800...... 65210 62760, 62761, 62762, 64008, 64574, 64575, 64832, 65224 9 CFR 73...... 64833 71...... 62225 121...... 64730, 64993 121...... 62218 135...... 64730, 64993

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15 CFR 27 CFR 81...... 62264 219...... 64559 902...... 62501, 64986 Proposed Rules: 93...... 62690 252...... 64557, 64559 122...... 63042 Proposed Rules: 9...... 62259, 63042 Proposed Rules: 133...... 63042 740...... 64009 601...... 64297 261...... 64834 742...... 64009 28 CFR 602...... 64297 271...... 62264, 64578 748...... 64009 14...... 62516 603...... 64297 300...... 64843, 65020 754...... 64009 81...... 62370 604...... 64297 350...... 64726 772...... 64009 544...... 65169, 65170 605...... 64297 355...... 64041 606...... 64297 17 CFR 29 CFR 609...... 64297 42 CFR 611...... 64297 228...... 64952 Proposed Rules: 71...... 62353 612...... 64297 229...... 64952 1910...... 64036 73...... 62245 613...... 64297 240...... 64952 1915...... 64036 400...... 63692 616...... 64297 249...... 64952 1926...... 64036, 65018 405...... 63692 617...... 64297 270...... 64952 4022...... 64525 410...... 63196, 63398 619...... 64297 274...... 64952 4044...... 64525 414...... 63196 622...... 64297 Proposed Rules: 30 CFR 419...... 63398 623...... 64297 240 ...... 62872, 62910, 62972 426...... 63692, 65346 625...... 64297 242...... 62972 250...... 65172 626...... 64297 943...... 62517 44 CFR 628...... 64297 18 CFR 950...... 62519 64...... 62748 630...... 64297 4...... 63194 32 CFR 65...... 64809, 64812 632...... 64297 67...... 64817, 64819 636...... 64297 19 CFR 199...... 65172 206...... 63738 637...... 64297 642...... 64297 206...... 65164 33 CFR Proposed Rules: 67 ...... 63745, 64844, 64845, 651...... 64297 20 CFR 100 ...... 62524, 63018, 65174 64846 652...... 64297 101...... 62502 Proposed Rules: 653...... 64297 104...... 62501 45 CFR 321...... 63041 1801...... 64847 117 ...... 62524, 62528, 63986, 404...... 62670 5b...... 62250 1803...... 64847 65174, 65175 408...... 62670 1804...... 64847 160...... 62501, 63735 46 CFR 416...... 62670 1805...... 64847 165 ...... 62501, 62524, 63988, 2...... 62501 1806...... 64847 64527, 64988, 65177 21 CFR 31...... 62501 1807...... 64847 385...... 64200 71...... 62501 1808...... 64847 1...... 63017 Proposed Rules: 1809...... 64847 16...... 62353 91...... 62501 165...... 64038, 65227 115...... 62501 1811...... 64847 20...... 63017 334...... 65019 1821...... 64847 1240...... 62353 126...... 62501 176...... 62501 1310...... 62735 37 CFR 522...... 65168 232...... 62535 49 CFR 2...... 63019 281...... 62535 Proposed Rules: 383...... 63030 7...... 63019 287...... 62535 868...... 65014 571...... 65179 295...... 62535 870...... 65014 579...... 64568 38 CFR 298...... 62535 882...... 65014 1572...... 63033 20...... 64805 310...... 62535 1300...... 62255 Proposed Rules: 355...... 62535 1301...... 62255 192...... 62555 39 CFR 380...... 62535 1304...... 62255 195...... 62555 390...... 62535 1307...... 62255 3001...... 65348 224...... 62942 40 CFR 47 CFR 393...... 64072 22 CFR 571...... 62417 51...... 63021 25...... 62247, 63994 Proposed Rules: 587...... 62421 52 ...... 62236, 62239, 62501, 51...... 63999 96...... 64296 62529, 62738, 62869, 63021, 64 ...... 62249, 62751, 63029 98...... 64296 63991, 64532, 64537, 64540, 73 ...... 62539, 62540, 62541, 50 CFR 64543 64555 622 ...... 62373, 62542, 64820 25 CFR 60...... 62529 Proposed Rules: 635...... 63738, 64990 Proposed Rules: 63...... 63852, 64432 22...... 64050 648...... 62250, 64821 161...... 64023 70...... 63735 24...... 64050 660...... 62374 81...... 62239 73 ...... 62554, 64578, 64579 Proposed Rules: 26 CFR 131...... 62740, 62744 90...... 64050 17...... 65020 1 ...... 62516, 63733, 63734, 271...... 64550 20...... 65023 63986 300...... 62747, 64806 48 CFR 300...... 63052 31...... 63734 350...... 64720 204...... 64555, 64557 600...... 62267, 64578 602...... 63734, 63986 Proposed Rules: 208...... 64559 622...... 62267, 62422 Proposed Rules: Ch. 1 ...... 65120 210...... 64559 635...... 63747 1 ...... 62549, 62553, 63743, 52 ...... 62263, 62264, 62553, 212...... 64557 648...... 64579 63744, 65346 64576, 65229, 65234 213...... 64557 660...... 62763, 63053 301...... 62553 60...... 62553 216...... 64661 679...... 62423

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REMINDERS TRANSPORTATION U.S. insurance companies States; air quality planning The items in this list were DEPARTMENT with foreign persons; purposes; designation of editorially compiled as an aid Federal Aviation comments due by 11-24- areas: to Federal Register users. Administration 03; published 9-23-03 [FR Oregon; comments due by Inclusion or exclusion from Air traffic operating and flight 03-24130] 11-26-03; published 10- this list has no legal rules, etc.: COMMERCE DEPARTMENT 27-03 [FR 03-26917] significance. Iraq; flights within territory Industry and Security Air quality implementation and airspace; overflights Bureau plans; approval and permission; published 11- Export administration promulgation; various RULES GOING INTO 19-03 regulations: States: EFFECT NOVEMBER 19, Commerce Control List— Montana; comments due by 2003 COMMENTS DUE NEXT Computer technology and 11-28-03; published 10- WEEK software; 29-03 [FR 03-27269] COMMERCE DEPARTMENT microprocessor New York; comments due National Oceanic and ADVISORY COUNCIL ON technology; comments by 11-28-03; published Atmospheric Administration HISTORIC PRESERVATION due by 11-24-03; 10-28-03 [FR 03-27157] published 10-24-03 [FR Fishery conservation and Historic Preservation, Environmental statements; 03-26788] management: Advisory Council availability, etc.: Northeastern United States Historic properties protection; COMMERCE DEPARTMENT Coastal nonpoint pollution fisheries— comments due by 11-26-03; National Oceanic and control program— published 10-23-03 [FR 03- Atmospheric Administration Minnesota and Texas; Atlantic herring; published 26799] 11-17-03 Fishery conservation and Open for comments AGRICULTURE management: until further notice; DEFENSE DEPARTMENT DEPARTMENT Atlantic highly migratory published 10-16-03 [FR Civilian health and medical Agricultural Marketing species— 03-26087] program of uniformed Service Atlantic tunas, swordfish, Pesticides; tolerances in food, services (CHAMPUS): Mango promotion, research and sharks; size limit animal feeds, and raw TRICARE program— and information order; adjustments; comments agricultural commodities: National Defense comments due by 11-28-03; due by 11-28-03; Bifenazate; comments due Authorization Act for published 10-9-03 [FR 03- published 11-10-03 [FR by 11-25-03; published 9- 2003 FY; 25457] 03-28130] 26-03 [FR 03-24370] implementation; Tomatoes grown in— Caribbean, Gulf, and South Chlorfenapyr; comments due inpatient mental health Florida; comments due by Atlantic fisheries— by 11-25-03; published 9- care preauthorization 11-26-03; published 10- Dolphin and wahoo; 26-03 [FR 03-24405] eliminated and dental 27-03 [FR 03-27014] comments due by 11- Cyromazine; comments due program expanded; AGRICULTURE 25-03; published 9-26- by 11-24-03; published 9- published 11-19-03 DEPARTMENT 03 [FR 03-24391] 24-03 [FR 03-24012] HEALTH AND HUMAN Food Safety and Inspection West Coast States and Dimethomorph; comments SERVICES DEPARTMENT Service Western Pacific due by 11-28-03; Food and Drug Meat and poultry inspection: fisheries— published 9-29-03 [FR 03- Administration Food labeling— Rockfish conservation 24564] Animal drugs, feeds, and Poultry classes; comments areas; trip limit Etoxazole; comments due related products: due by 11-28-03; adjustments; comments by 11-25-03; published 9- Dexamethasone injection; published 9-29-03 [FR due by 11-24-03; 26-03 [FR 03-24368] published 11-19-03 03-24536] published 10-24-03 [FR Fenhexamid; comments due 03-26927] INTERIOR DEPARTMENT AGRICULTURE by 11-25-03; published 9- ENERGY DEPARTMENT 26-03 [FR 03-24013] Minerals Management DEPARTMENT Service Grain Inspection, Packers Federal Energy Regulatory Glufosinate ammonium; Commission comments due by 11-28- Outer Continental Shelf; oil, and Stockyards 03; published 9-29-03 [FR gas, and sulphur operations: Administration Electric rate and corporate regulation filings: 03-24565] American Petroleum Institute Grain inspection equipment; Imazapyr; comments due by Recommended Practice official performance Virginia Electric & Power 11-25-03; published 9-26- 14C; incorporation by requirements: Co. et al.; Open for 03 [FR 03-24123] reference; correction; Tolerance for dividers; comments until further published 11-19-03 regulation removed; notice; published 10-1-03 Indian meal moth granulosis comments due by 11-24- [FR 03-24818] virus; comments due by INTERNATIONAL TRADE 03; published 10-23-03 ENVIRONMENTAL 11-28-03; published 9-29- COMMISSION [FR 03-26388] PROTECTION AGENCY 03 [FR 03-24563] Practice and procedure: COMMERCE DEPARTMENT Air programs: Quinoxfen; comments due Investigations relating to Economic Analysis Bureau Stratospheric ozone by 11-28-03; published 9- global and bilateral International services surveys: protection— 29-03 [FR 03-24561] safeguard actions, market Sethoxydim; comments due disruption, and relief BE-25; quarterly survey of Class I ozone depleting transactions with substances; essential by 11-28-03; published 9- actions review; published 29-03 [FR 03-24562] 11-19-03 unaffiliated foreign use allowances persons in selected allocation (2004); Sulfentrazone; comments SMALL BUSINESS services and in intangible comments due by 11- due by 11-24-03; ADMINISTRATION assets; comments due by 28-03; published 10-28- published 9-24-03 [FR 03- Government contracting 11-24-03; published 9-23- 03 [FR 03-27160] 24011] programs: 03 [FR 03-24129] Air quality implementation Thiacloprid; comments due Contract bundling; published BE-45; quarterly survey of plans; approval and by 11-25-03; published 9- 10-20-03 insurance transactions by promulgation; various 26-03 [FR 03-24371]

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FEDERAL comments until further and aged, blind, and may be used in conjunction COMMUNICATIONS notice; published 10-27-03 disabled— with ‘‘PLUS’’ (Public Laws COMMISSION [FR 03-27113] Social Security Act (Titles Update Service) on 202–741– Digital television stations; table HOMELAND SECURITY II, VIII, and XVI); 6043. This list is also of assignments: DEPARTMENT representative payment; available online at http:// www.nara.gov/fedreg/ New York; comments due Coast Guard comments due by 11- 24-03; published 9-25- plawcurr.html. by 11-24-03; published Outer Continental Shelf 03 [FR 03-24017] 10-7-03 [FR 03-25334] activities: The text of laws is not Radio stations; table of Gulf of Mexico; safety TRANSPORTATION published in the Federal assignments: zones; comments due by DEPARTMENT Register but may be ordered North Dakota; comments 11-25-03; published 9-26- Federal Aviation in ‘‘slip law’’ (individual due by 11-24-03; 03 [FR 03-24366] Administration pamphlet) form from the published 10-21-03 [FR INTERIOR DEPARTMENT Airworthiness directives: Superintendent of Documents, 03-26499] U.S. Government Printing Surface Mining Reclamation Bombardier; comments due Television broadcasting: by 11-28-03; published Office, Washington, DC 20402 and Enforcement Office (phone, 202–512–1808). The Digital television 10-29-03 [FR 03-27209] Permanent program and text will also be made conversion— abandoned mine land Eurocopter France; available on the Internet from Digital low power reclamation plan comments due by 11-25- GPO Access at http:// television, television submissions: 03; published 9-26-03 [FR www.access.gpo.gov/nara/ translator stations and Maryland; comments due by 03-24282] nara005.html. Some laws may digital television booster 11-26-03; published 10- McDonnell Douglas; not yet be available. stations and related 27-03 [FR 03-27044] comments due by 11-24- issues; comment Montana; comments due by 03; published 10-8-03 [FR H.R. 1442/P.L. 108–126 request; comments due 11-26-03; published 10- 03-25493] To authorize the design and by 11-25-03; published 27-03 [FR 03-27045] Raytheon; comments due by construction of a visitor center 9-26-03 [FR 03-24328] 11-28-03; published 10- LIBRARY OF CONGRESS for the Vietnam Veterans FEDERAL ELECTION 14-03 [FR 03-25867] Memorial. (Nov. 17, 2003; 117 COMMISSION Copyright Office, Library of Stat. 1348) Congress TRANSPORTATION Contribution and expenditure DEPARTMENT H.R. 3288/P.L. 108–127 limitations and prohibitions: Copyright office and procedures: National Highway Traffic To amend title XXI of the Payroll deduction Safety Administration Social Security Act to make contributions to a trade Sound recordings under statutory licenses; notice Consumer information: technical corrections with association’s separate Vehicle rollover resistance; respect to the definition of segregated fund; and recordkeeping for use; comments due by dynamic rollover tests and qualifying State. (Nov. 17, rulemaking petition; results; comments due by 2003; 117 Stat. 1354) comments due by 11-24- 11-24-03; published 10-8- 03 [FR 03-25523] 11-28-03; published 10- S. 677/P.L. 108–128 03; published 10-24-03 14-03 [FR 03-25360] [FR 03-26749] NUCLEAR REGULATORY Black Canyon of the Gunnison COMMISSION Motor vehicle safety Boundary Revision Act of HEALTH AND HUMAN standards: SERVICES DEPARTMENT Source material; domestic 2003 (Nov. 17, 2003; 117 licensing: Controls and displays; Stat. 1355) Food and Drug comments due by 11-24- Utah uranium mills and Administration 03; published 9-23-03 [FR S. 924/P.L. 108–129 byproduct material Human drugs— 03-24145] To authorize the exchange of disposal facilities; lands between an Alaska Oral health care drug alternative groundwater TREASURY DEPARTMENT products (OTC)— Native Village Corporation and protection standards use; Alcohol and Tobacco Tax the Department of the Interior, Antigingivitis/antiplaque comments due by 11-24- and Trade Bureau and for other purposes. (Nov. products; monograph 03; published 10-24-03 Alcoholic beverages: 17, 2003; 117 Stat. 1358) establishment; [FR 03-26895] correction; comments Distilled spirits; exportation Last List November 17, 2003 POSTAL SERVICE due by 11-25-03; evidence; alternate published 10-6-03 [FR Domestic Mail Manual: documentation; comments 03-25044] Metered postage; refund due by 11-24-03; published 9-24-03 [FR 03- Public Laws Electronic Human drugs: procedures; comments due by 11-28-03; 23886] Notification Service Oral health care drug published 10-29-03 [FR VETERANS AFFAIRS (PENS) products (OTC)— 03-27186] DEPARTMENT Antigingivitis/antiplaque RAILROAD RETIREMENT Graves already marked at products; monograph PENS is a free electronic mail BOARD private expense; appropriate establishment; notification service of newly government marker comments due by 11- Freedom of Information Act; enacted public laws. To eligibility; comments due by 25-03; published 8-25- implementation; comments subscribe, go to http:// 11-24-03; published 9-25-03 03 [FR 03-21669] due by 11-28-03; published listserv.gsa.gov/archives/ 10-29-03 [FR 03-27107] [FR 03-24214] publaws-l.html Reports and guidance documents; availability, etc.: SOCIAL SECURITY Note: This service is strictly Evaluating safety of ADMINISTRATION LIST OF PUBLIC LAWS for E-mail notification of new antimicrobial new animal Social security benefits and laws. The text of laws is not drugs with regard to their supplemental security This is a continuing list of available through this service. microbiological effects on income: public bills from the current PENS cannot respond to bacteria of human health Federal old-age, survivors, session of Congress which specific inquiries sent to this concern; Open for and disability insurance, have become Federal laws. It address.

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