9–29–04 Wednesday Vol. 69 No. 188 Sept. 29, 2004

Pages 58035–58250

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i II Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004

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Contents Federal Register Vol. 69, No. 188

Wednesday, September 29, 2004

Agriculture Department Drug Enforcement Administration See Animal and Plant Health Inspection Service RULES See Commodity Credit Corporation Schedules of controlled substances: See Cooperative State Research, Education, and Extension Alpha-methyltryptamine and 5-methoxy-N,N- Service diisopropyltryptamine; placement into Schedule I, See Food Safety and Inspection Service 58050–58053 See Forest Service See National Agricultural Statistics Service Education Department NOTICES Animal and Plant Health Inspection Service Agency information collection activities; proposals, NOTICES submissions, and approvals, 58153–58155 Agency information collection activities; proposals, Grants and cooperative agreements; availability, etc.: submissions, and approvals, 58120–58121 Special education and rehabilitative services— Advanced rehabilitation research training projects, Children and Families Administration 58155–58158 NOTICES Agency information collection activities; proposals, Energy Department submissions, and approvals, 58174–58175 See Federal Energy Regulatory Commission NOTICES Citizenship and Immigration Services Bureau Meetings: Environmental Management Site-Specific Advisory NOTICES Board— Agency information collection activities; proposals, Oak Ridge Reservation, TN, 58159 submissions, and approvals, 58177–58178 Paducah Gaseous Diffusion Plant, KY, 58158–58159 Coast Guard Rocky Flats, CO, 58158 National Petroleum Council; cancelled, 58159 RULES Regattas and marine parades: Environmental Protection Agency Strait Thunder Hydroplane Races, 58053–58055 RULES Pesticides; tolerances in food, animal feeds, and raw Commerce Department agricultural commodities: See Foreign-Trade Zones Board Allethrin, etc., 58079–58083 See Industry and Security Bureau Carfentrazone-ethyl, 58071–58079 See International Trade Administration Citrate Esters, 58066–58071 See National Institute of Standards and Technology Fenamidone, 58058–58066 See National Oceanic and Atmospheric Administration Fludioxonil, 58084–58091 Methoxyfenozide, 58091–58097 Commodity Credit Corporation NOTICES RULES Grants and cooperative agreements; availability, etc.: Loan and purchase programs: Children’s Environmental Health Awards Program, 58160 Sugar program; definitions National Pesticide Information Center and National Correction, 58037 Pesticide Medical Monitoring Program; correction, NOTICES 58161 Domestic Sugar Program: Meetings: 2003-crop cane sugar and sugar beet marketing allotments Gulf of Mexico Program Citizens Advisory Committee, and allocations, 58121–58122 58161 Pesticide, food, and feed additive petitions: Commodity Futures Trading Commission AVA Chemical Ventures, L.L.C., 58166–58170 NOTICES Pesticide programs: Meetings; Sunshine Act, 58153 Risk assessment— Fluridone, 58161–58164 Cooperative State Research, Education, and Extension Pesticide registration, cancellation, etc.: Service AVA Chemical Ventures, L.L.C., 58164–58166 NOTICES Executive Office of the President Agency information collection activities; proposals, See Presidential Documents submissions, and approvals, 58122–58125 Federal Aviation Administration Defense Department RULES NOTICES Airmen certification: Environmental statements; availability, etc.: Picture identification requirements, 58231–58234 Missile Defense Agency— Airworthiness directives: Ballistic Missile Defense System; correction, 58229 Bombardier, 58043–58047

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Class D and E airspace, 58047–58049 NOTICES PROPOSED RULES Agency information collection activities; proposals, Airworthiness directives: submissions, and approvals, 58178–58179 Airbus; withdrawn, 58111–58112 Endangered and threatened species permit applications, Boeing, 58101–58111 58179–58181 Pratt & Whitney, 58099–58100 Environmental statements; notice of intent: NOTICES Incidental take permits— Advisory circulars; availability, etc.: Fort Ord, Monterey County, CA; habitat conservation Normal, utility, acrobatic, and commuter category plan, 58181–58183 airplanes and airships; systems and equipment Marine mammal permit applications, 58183 certification, 58213–58214 Meetings: Airport noise compatibility program: Aquatic Nuisance Species Task Force, 58183–58184 Noise exposure maps— Endangered Species of Wild Fauna and Flora Addison Airport, TX, 58214 International Trade Convention, 58184–58200 Meetings: Aviation Weather Technology Transfer Board, 58214– Food and Drug Administration 58215 Passenger facility charges; applications, etc.: NOTICES Columbus Regional Airport Authority, OH, et al., 58215– Agency information collection activities; proposals, 58217 submissions, and approvals, 58175–58176 Pittsburgh International Airport, PA, 58217 Human drugs: Reports and guidance documents; availability, etc.: Patent extension; regulatory review period O’Hare modernization environmental impact statement; determinations— technical simulation analyses, 58217 DERMAGRAFT, 58176–58177

Federal Communications Commission Food Safety and Inspection Service RULES NOTICES Organization, functions, and authority delegations: Meetings: Protected field installations; geographical coordinate Codex Alimentarius Commission— locations, 58097–58098 Residues of Veterinary Drugs in Foods Codex Committee, 58125–58126 Federal Energy Regulatory Commission PROPOSED RULES Practice and procedure: Foreign-Trade Zones Board Regional transmission organizations and independent NOTICES system operators; financial reporting, cost Applications, hearings, determinations, etc.: accounting, oversight, and recovery practices, 58112– Georgia, 58127–58128 58115 NOTICES Forest Service Meetings: RULES Pacific Gas & Electric Co.; technical conference, 58159– National Forest System land and resource management 58160 planning, 58055–58057 Federal Maritime Commission NOTICES Government Accountability Office Agreements filed, etc., 58170–58171 NOTICES Ocean transportation intermediary licenses: Reports and guidance documents; availability, etc.: Louisiana Forwarder LLC et al., 58171 Joint Financial Management Improvement Program— Pro-Service Forwarding Co., Inc., 58171 Federal core financial management system requirements, 58173–58174 Federal Reserve System NOTICES Health and Human Services Department Agency information collection activities; proposals, See Children and Families Administration submissions, and approvals, 58171–58172 See Food and Drug Administration Banks and bank holding companies: NOTICES Change in bank control, 58172–58173 Meetings: Formations, acquisitions, and mergers, 58173 Physical Fitness and Sports, President’s Council, 58174 Fish and Wildlife Service RULES Homeland Security Department Migratory bird hunting: See Citizenship and Immigration Services Bureau Federal Indian reservations, off-reservation trust lands, See Coast Guard and ceded lands, 58235–58244 RULES PROPOSED RULES United States Visitor and Immigrant Status Indicator Endangered and threatened species: Technology Program (US-VISIT) Findings on petitions, etc.— Biometric data collection from additional travelers; Western gray squirrel, 58115–58119 expansion to 50 most highly trafficked land border Gray wolf; eastern distinct population; withdrawn; public ports of entry hearings, 58119 Correction, 58037–58038

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Industry and Security Bureau National Institute of Standards and Technology RULES NOTICES Export administration regulations: Meetings: Entity list— International Organization of Legal Metrology, 12th India; entity removed and license review policy Quadrennial Conference; U.S. technical participation, revised; clarification; correction, 58049–58050 58131

Interior Department National Oceanic and Atmospheric Administration See Fish and Wildlife Service NOTICES See Land Management Bureau Marine mammals: See Minerals Management Service Incidental taking; authorization letters, etc.— Lamont-Doherty Earth Observatory; Gulf of Alaska; International Trade Administration oceanic seismic survey; cetaceans and pinnipeds, NOTICES 58131–58152 Antidumping: Meetings: Automotive replacement glass windshields from— Gulf of Mexico Fishery Management Council, 58152 China, 58128 Permits: Low enriched uranium from— Exempted fishing, 58152–58153 France, 58128–58129 Pollyethylene terephthalate film, sheet, and strip from— Nuclear Regulatory Commission Taiwan, 58129–58131 RULES Radioactive material; packaging and transportation: Justice Department International Atomic Energy Agency transportation safety See Drug Enforcement Administration standards (TS-R-1) and other transportation safety amendments; compatibility Land Management Bureau Correction, 58038–58039 NOTICES NOTICES Meetings: Applications, hearings, determinations, etc.: Resource Advisory Councils— Duke Energy Corp., 58204–58205 Arizona, 58200 Indiana Michigan Power Co., 58205–58208 Public land orders: Nevada, 58200–58201 Postal Service RULES Maritime Administration Board of Governors bylaws: NOTICES Miscellaneous amendments, 58057–58058 Agency information collection activities; proposals, submissions, and approvals, 58217–58219 Presidential Documents Minerals Management Service PROCLAMATIONS NOTICES Special observances: Meetings: Gold Star Mother’s Day (Proc. 7821), 58245–58247 Outer Continental Shelf Policy Committee, 58201 National Hunting and Fishing Day (Proc. 7822), 58249– 58250 National Agricultural Statistics Service ADMINISTRATIVE ORDERS NOTICES Libya; waiver of application of the Trade Sanctions and Agency information collection activities; proposals, Export Enhancement Act of 2000 (Presidential submissions, and approvals, 58126 Determination No. 2004-49 of September 20, 2004), Committees; establishment, renewal, termination, etc.: 58035 Agriculture Statistics Advisory Committee, 58126–58127 Research and Special Programs Administration National Archives and Records Administration NOTICES NOTICES Pipeline safety: Agency records schedules; availability, 58201–58203 Advisory bulletins— Gas and hazardous liquid pipeline de-watering National Credit Union Administration operations, 58225–58226 RULES Credit unions: Securities and Exchange Commission Fixed assets; Federal credit union ownership, 58039– NOTICES 58043 Self-regulatory organizations; proposed rule changes: NOTICES Chicago Stock Exchange, Inc., 58208–58210 Credit unions: Pacific Exchange, Inc., 58210 Bylaws, 58203–58204 State Department National Highway Traffic Safety Administration NOTICES NOTICES Art objects; importation for exhibition: Agency information collection activities; proposals, Comic Grotesque: Wit and Mockery in German Art, 1870- submissions, and approvals, 58219–58221 1940, 58210–58211 Motor vehicle defect proceedings; petitions, etc.: Feast of Color: Selections from the Noro Foundation, Lisoni & Lisoni; petition denied, 58221–58225 58211

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Foreign Operations, Export Financing, and Related Programs Appropriations Act: Columbian Armed Forces; human rights violations; Separate Parts In This Issue suspension determination, 58211 Meetings: Part II Defense Trade Advisory Group, 58211–58212 Nonproliferation measures imposition: Transportation Department, Federal Aviation Various foreign entities, 58212–58213 Administration, 58231–58234 Reports and guidance documents; availability, etc.: Ozone layer and global climate system; issues related to Part III hydrofluorocarbons and perfluorocarbons; special Interior Department, Fish and Wildlife Service, 58235– report on safeguarding, 58213 58244

Statistical Reporting Service Part IV See National Agricultural Statistics Service Executive Office of the President, Presidential Documents, 58245–58250 Surface Transportation Board NOTICES Railroad services abandonment: Burlington Northern & Santa Fe Railway Co., 58226– Reader Aids 58228 Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, Transportation Department and notice of recently enacted public laws. See Federal Aviation Administration To subscribe to the Federal Register Table of Contents See Maritime Administration LISTSERV electronic mailing list, go to http:// See National Highway Traffic Safety Administration listserv.access.gpo.gov and select Online mailing list See Research and Special Programs Administration archives, FEDREGTOC-L, Join or leave the list (or change See Surface Transportation Board 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: 7821...... 58247 7822...... 58249 Administrative Orders: Presidential Determinations: No. 2004-49 of September 20, 2004 ...... 58035 7 CFR 1435...... 58037 8 CFR 215...... 58037 235...... 58037 10 CFR 71...... 58038 12 CFR 701...... 58039 742...... 58039 14 CFR 39...... 58043 61...... 58232 71...... 58047 Proposed Rules: 39 (6 documents) ...... 58099, 58101, 58103, 58107, 58109, 58111 15 CFR 744...... 58049 18 CFR Proposed Rules: 35...... 58112 41...... 58112 101...... 58112 141...... 58112 21 CFR 1308...... 58050 33 CFR 100...... 58053 36 CFR 219...... 58055 39 CFR 3...... 58057 4...... 58057 6...... 58057 40 CFR 180 (6 documents) ...... 58058, 58066, 58071, 58079, 58084, 58091 47 CFR 0...... 58097 50 CFR 20...... 58236 Proposed Rules: 17 (2 documents) ...... 58115, 58119

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Federal Register Presidential Documents Vol. 69, No. 188

Wednesday, September 29, 2004

Title 3— Presidential Determination No. 2004–49 of September 20, 2004

The President Determination and Waiver of Application of Section 908(a)(1) of the Trade Sanctions Reform and Export Enhancement Act of 2000 with Respect to Libya

Memorandum for the Secretary of State[,] the Secretary of Agriculture[, and] the Secretary of Commerce

By virtue of the authority vested in me by the Constitution and laws of the United States, including section 908(a)(3) of the Trade Sanctions Reform and Export Enhancement Act of 2000, title IX, Public Law 106–387 (TSRA), I hereby determine that waiver of the application of section 908(a)(1) of TSRA with respect to Libya is in the national security interest of the United States and hereby waive the application of that section with respect to Libya. The Secretary of State is hereby authorized and directed to report this determination and waiver to the Congress and to arrange for its publication in the Federal Register. W THE WHITE HOUSE, Washington, September 20, 2004.

[FR Doc. 04–21954 Filed 9–28–04; 8:45 am] Billing code 4710–10–P

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Rules and Regulations Federal Register Vol. 69, No. 188

Wednesday, September 29, 2004

This section of the FEDERAL REGISTER erroneous word ‘‘fall.’’ This word is 50 most highly trafficked land border contains regulatory documents having general corrected to read ‘‘full. ports of entry in the United States and applicability and legal effect, most of which includes nonimmigrant aliens traveling List of Subjects in 7 CFR Part 1435 are keyed to and codified in the Code of without visas under the Visa Waiver Federal Regulations, which is published under Loan programs—agriculture, Price Program. This interim rule also exempts 50 titles pursuant to 44 U.S.C. 1510. support programs, Reporting and record certain officials of the Taipei Economic The Code of Federal Regulations is sold by keeping requirements, and Sugar. and Cultural Representative Office the Superintendent of Documents. Prices of I Accordingly, 7 CFR part 1435 is (TECRO) and their dependants from the new books are listed in the first FEDERAL corrected as follows: collection of biometric information REGISTER issue of each week. I 1. The authority citation for part 1435 under US–VISIT. continues to read as follows: DATES: This correction is effective September 30, 2004. DEPARTMENT OF AGRICULTURE Authority: 7 U.S.C. 1359aa’1359jj and 7272 et seq.; 15 U.S.C. 714b and 714c. FOR FURTHER INFORMATION CONTACT: Commodity Credit Corporation 2. Correct § 1435.309(c), introductory Michael Hardin, Senior Policy Advisor, text, to read as follows: US–VISIT, Border and Transportation 7 CFR Part 1435 Security; Department of Homeland § 1435.309 Reassignment of deficits. Security; 1616 North Fort Myer Drive, RIN 0560–AH21 * * * * * 18th Floor, Arlington, VA 22209; (202) (c) If CCC determines a sugarcane 298–5200. Sugar Program Definitions processor will be unable to market its SUPPLEMENTARY INFORMATION: The AGENCY: Commodity Credit Corporation, full allocation for the crop year in which following corrections are made to the USDA. an allotment is in effect, the deficit will DHS interim rule, FR Doc. 04–19906, be reassigned by June 1: ACTION: Final rule; correction. published in the Federal Register at 69 * * * * * FR 53318, which becomes effective on SUMMARY: This document corrects a Signed in Washington, DC, on September September 30, 2004: final rule published on September 13, 23, 2004. PART 215—[CORRECTED] 2004 that amended the sugar marketing James R. Little, allotment regulations with respect to the Executive Vice President, , Commodity Credit I definitions of ‘‘ability to market,’’ 1. On page 53333, in the second Corporation. column, paragraph (a)(2)(ii) is correctly ‘‘market,’’ and ‘‘sugar.’’ Also, the rule [FR Doc. 04–21770 Filed 9–28–04; 8:45 am] modified procedures used to reassign revised to read as follows: BILLING CODE 3410–05–P allocation deficits. A correction is § 215.8 [Corrected] needed as a result of a typographical (a) * * * error. DEPARTMENT OF HOMELAND (2) * * * DATES: Effective September 13, 2004. SECURITY (ii) Aliens admitted on A–1, A–2, C– 3 (except for attendants, servants, or FOR FURTHER INFORMATION CONTACT: Barbara Fecso, Dairy and Sweeteners 8 CFR Parts 215 and 235 personal employees of accredited officials), G–1, G–2, G–3, G–4, NATO– Analysis, Economic and Policy Analysis [DHS–2004–0002] Staff, Farm Service Agency (FSA), 1, NATO–2, NATO–3, NATO–4, NATO– United States Department of Agriculture RIN 1650–AA00 5, or NATO–6 visas, and certain Taiwan (USDA), Stop 0516, 1400 Independence officials who hold E–1 visas and United States Visitor and Immigrant Ave., SW., Washington, DC 20250–0516. members of their immediate families Status Indicator Technology Program Phone: (202) 720–4146. E-mail: who hold E–1 visas who are (‘‘US–VISIT’’); Authority To Collect [email protected]. Persons with maintaining such status at time of Biometric Data From Additional disabilities who require alternative departure, unless the Secretary of State Travelers and Expansion to the 50 means for communication (Braille, large and the Secretary of Homeland Security Most Highly Trafficked Land Border print, audio tape, etc.) should contact jointly determine that a class of such Ports of Entry; Correction the USDA Target Center at (202) 720– aliens should be subject to the requirements of paragraph (a)(1); 2600 (voice and TDD). AGENCY: Border and Transportation SUPPLEMENTARY INFORMATION: Security Directorate, DHS. PART 235—[CORRECTED] ACTION: Interim rule; correction. Need for Correction § 235.1 [CORRECTED] This rule corrects the final rule SUMMARY: The Department of Homeland I 2. On page 53333, in the third column, published in the Federal Register on Security (DHS) is correcting an interim paragraph (d)(iv)(B) is correctly revised September 13, 2004 (69 FR 55061– rule that was published in the Federal to read as follows: 55063) that amended the sugar Register on August 31, 2004 at 69 FR (d) * * * marketing allotment regulations at 7 53318. The interim rule becomes (iv) * * * CFR 1435 with respect to definitions effective on September 30, 2004. The (B) Aliens admitted on A–1, A–2, C– that have had an unintended affect on interim rule extends the United States 3 (except for attendants, servants, or program administration. In the final rule Visitor and Immigrant Status Indicator personal employees of accredited section 1435.309(c) contained the Technology Program (US–VISIT) to the officials), G–1, G–2, G–3, G–4, NATO–

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1, NATO–2, NATO–3, NATO–4, NATO– § 71.1 Communications and records. 390 through 397, appropriate to the 5, or NATO–6 visas, and certain Taiwan (a) Except where otherwise specified, mode of transport. officials who hold E–1 visas and all communications and reports (1) The licensee shall particularly members of their immediate families concerning the regulations in this part note DOT regulations in the following who hold E–1 visas unless the Secretary and applications filed under them areas: of State and the Secretary of Homeland should be sent by mail addressed: (i) Packaging—49 CFR part 173: Security jointly determine that a class of ATTN: Document Control Desk, subparts A, B, and I. such aliens should be subject to the Director, Spent Fuel Project Office, (ii) Marking and labeling—49 CFR requirements of paragraph (d)(1)(ii); Office of Nuclear Material Safety and part 172: subpart D; and §§ 172.400 Elizabeth L. Branch, Safeguards, U.S. Nuclear Regulatory through 172.407 and §§ 172.436 through 172.441 of subpart E. Associate General Counsel for Rules and Commission, Washington, DC 20555– Legislation, Office of the General Counsel, 0001, by hand delivery to the NRC’s (iii) Placarding—49 CFR part 172: Department of Homeland Security. offices at 11555 Rockville Pike, subpart F, especially §§ 172.500 through [FR Doc. 04–21935 Filed 9–28–04; 8:45 am] Rockville, Maryland; or, where 172.519 and 172.556; and appendices B and C. BILLING CODE 4410–10–P practicable, by electronic submission, for example, via Electronic Information (iv) Accident reporting—49 CFR part Exchange, or CD-ROM. Electronic 171: §§ 171.15 and 171.16. (v) Shipping papers and emergency NUCLEAR REGULATORY submissions must be made in a manner information—49 CFR part 172: subparts COMMISSION that enables the NRC to receive, read, authenticate, distribute, and archive the C and G. 10 CFR Part 71 submission, and process and retrieve it (vi) Hazardous material employee a single page at a time. Detailed training—49 CFR part 172: subpart H. RIN 3150–AG71 guidance on making electronic (vii) Security plans—49 CFR part 172: Compatibility With IAEA submissions can be obtained by visiting subpart I. Transportation Safety Standards (TS– the NRC’s Web site at http:// (viii) Hazardous material shipper/ R–1) and Other Transportation Safety www.nrc.gov/site-help/eie.html, by carrier registration—49 CFR part 107: Amendments; Correction calling (301) 415–6030, by e-mail to subpart G. [email protected], or by writing the Office of (2) The licensee shall also note DOT AGENCY: Nuclear Regulatory the Chief Information Officer, U.S. regulations pertaining to the following Commission. Nuclear Regulatory Commission, modes of transportation: ACTION: Final rule: Correction. Washington, DC 20555–0001. The (i) Rail—49 CFR part 174: subparts A guidance discusses, among other topics, through D and K. SUMMARY: This document corrects a the formats the NRC can accept, the use (ii) Air—49 CFR part 175. final rule appearing in the Federal of electronic signatures, and the (iii) Vessel—49 CFR part 176: Register on January 26, 2004 (69 FR treatment of nonpublic information. If subparts A through F and M. 3698) amending the regulations the submission date falls on a Saturday, (iv) Public Highway—49 CFR part 177 governing the packaging and Sunday, or a Federal holiday, the next and parts 390 through 397. transportation of radioactive materials. Federal working day becomes the * * * * * This action is necessary to add official due date. I 4. In § 71.22, on page 3793, paragraph unintentionally omitted text and to * * * * * correct editorial errors, references, and (c)(1) and the heading of Table 71–1 and numerical values as printed in the final § 71.4 [Corrected] on page 3794 the heading of Table 71– rule. 2 are corrected to read as follows: I 2. On page 3789, in § 71.4, the EFFECTIVE DATE: October 1, 2004. The definition for Surface Contaminated § 71.22 General license: Fissile material. effective date for §§ 71.19(a) and 71.20 Object (SCO), in the first column, in * * * * * ends on October 1, 2008. ¥ paragraph (1)(ii), fourth line, ‘‘4 × 10 4’’ (c) * * * FOR FURTHER INFORMATION CONTACT: is corrected to read ‘‘4 × 104’’; in the (1) Contain no more than a Type A Mary Adams, Office of Nuclear Material second column, in paragraph (1)(iii), quantity of radioactive material; and Safety and Safeguards, U.S. Nuclear eighth line, ‘‘4 × 103’’ is corrected to read * * * * * Regulatory Commission, Washington, ‘‘4 × 103’’; in paragraph (2)(i), fourth line, Table 71–1.—Mass Limits for General DC 20555–0001, telephone (301) 415– ‘‘3002’’ is corrected to read ‘‘300 cm2’’; License Packages Containing Mixed 7249, e-mail [email protected]. and in paragraph (2)(iii), fifth line, Quantities of Fissile Material or SUPPLEMENTARY INFORMATION: This ‘‘3002’’ is corrected to read ‘‘300 cm2’’. Uranium-235 of Unknown Enrichment action adds unintentionally omitted text I 3. On page 3789, third column, in per § 71.22(e) and corrects editorial errors, references, * * * * * and numerical values as printed in the § 71.5 paragraph (a) is corrected to read as follows: Table 71–2.—Mass Limits for General final rule amending part 71 (January 26, License Packages Containing Uranium- 2004; 69 FR 3698). Because of the § 71.5 Transportation of licensed material. 235 of Known Enrichment per § 71.22(e) numerous corrections in § 71.5(a), the complete text of § 71.5(a) is being (a) Each licensee who transports * * * * * reprinted for the convenience of licensed material outside the site of I 5. On page 3794, third column, in interested members of the public. usage, as specified in the NRC license, § 71.23, paragraph (c)(1) is corrected to or where transport is on public read as follows: PART 71—[Corrected] highways, or who delivers licensed material to a carrier for transport, shall § 71.23 General license: Plutonium- I 1. On page 3787, first column, in § 71.1 comply with the applicable beryllium special form material. paragraph (a) is corrected to read as requirements of the DOT regulations in * * * * * follows: 49 CFR parts 107, 171 through 180, and (c) * * *

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(1) Contain no more than a Type A (Bq/g)’’ for the first row ‘‘Only beta or gamma A. Background quantity of radioactive material; and emitting radionuclides are known to be present’’ is corrected to read 1 × 101. The Federal Credit Union Act * * * * * The value under the seventh column authorizes an FCU to purchase, hold, § 71.41 [Corrected] ‘‘Activity limits for exempt consignments and dispose of property necessary or (Bq)’’ for the first row ‘‘Only beta or gamma incidental to its operations. 12 U.S.C. I 6. On page 3794, first column, in emitting radionuclides are known to be 1757(4). Generally, an FCU may only § 71.41, paragraph (a), seventh line, present.’’ is corrected to read 1 × 104. invest in property it intends to use to ‘‘105’’ is corrected to read ‘‘105.’’ Table A–4.—Activity-Mass Relationships for transact credit union business, that is, to § 71.51 [Corrected] Uranium support its internal operations or serve its members. 12 CFR 721.3(d). NCUA’s I 7. On page 3794, third column, in The value under the third column ‘‘Specific Activity | Ci/g’’ for the ‘‘90’’ row fixed asset rule limits an FCU’s § 71.51, paragraph (d), third line, ‘‘105’’ ‘‘Uranium Enrichment wt% U-235 present’’ investment in fixed assets and imposes 5 is corrected to read ‘‘10 .’’ is corrected to read 5.8 × 10¥5. requirements on the planning for, use I 8. On page 3800, in Appendix A to part Dated at Rockville, Maryland, this 24th day of, and disposal of real property 71, Paragraphs I and IV(b), and in Tables of September, 2004. acquired for future expansion. 12 CFR A–1, A–3 and A–4, beginning on page For the Nuclear Regulatory Commission. 701.36. 3801, are corrected to read as follows: Michael T. Lesar, The NCUA Board has a policy of continually reviewing NCUA Appendix A to Part 71—Determination Chief, Rules and Directives Branch, Division regulations to ‘‘update, clarify and of A1 and A2 of Administrative Services, Office of Administration. simplify existing regulations and I. Values of A1 and A2 for individual [FR Doc. 04–21763 Filed 9–28–04; 8:45 am] eliminate redundant and unnecessary radionuclides, which are the bases for many provisions.’’ NCUA Interpretive Ruling BILLING CODE 7590–01–P activity limits elsewhere in these and Policy Statement (IRPS) 87–2, regulations, are given in Table A–1. The curie (Ci) values specified are obtained by Developing and Reviewing Government converting from the Terabecquerel (TBq) Regulations. As a result of the NCUA’s value. The Terabecquerel values are the NATIONAL CREDIT UNION 2003 review, the Board determined that regulatory standard. The curie values are for ADMINISTRATION the fixed asset rule should be updated. information only and are not intended to be In April, 2004, the Board published its the regulatory standard. Where values of A1 12 CFR Parts 701 and 742 proposed updates for public comment. and A2 are unlimited, it is for radiation 69 FR 21439 (April 21, 2004). control purposes only. For nuclear criticality Federal Credit Union Ownership of safety, some materials are subject to controls Fixed Assets B. Section-by-Section Analysis of the placed on fissile material. Final Rule * * * * * AGENCY: National Credit Union This final rule does not vary IV. * * * Administration. significantly from the proposed rule. b. For normal form radioactive material, Like the proposed rule, the only the maximum quantity transported in a Type ACTION: Final rule. A package is as follows: substantive revisions in the final rule from the current rule are to (1) eliminate ΣB(i)/A (i) ≤ 1 SUMMARY: The National Credit Union 2 the requirement that an FCU, when Administration (NCUA) Board is issuing where B(i) is the activity of radionuclide i, calculating its investment in fixed and A (i) is the A value for radionuclide final revisions to its fixed asset rule. The 2 2 assets, include its investments in any i. fixed asset rule governs Federal credit entity that holds fixed assets used by the union (FCU) ownership of fixed assets * * * * * FCU, and (2) establish a time frame for and, among other things, limits Table A–1.—A1 and A2 Values for submission of requests for waiver of the investment in fixed assets to five Radionuclides requirement for partial occupation of percent of an FCU’s shares and retained premises acquired for future expansion. A new footnote reference ‘‘b’’ is added to earnings. This final rule clarifies and the headings of the fourth and sixth columns, The final rule also reorganizes the b b reorganizes the requirements of the titled A1(Ci) and A2(Ci) , and new footnote paragraph structure and clarifies the current rule to make it easier to ‘‘b’’ text is added to the end of Table A–1 to provisions governing an FCU’s plans for understand. The only substantive read as follows: future expansion into fixed assets. A b changes in the final rule are to: The values of A1 and A2 in Curies (Ci) section-by-section analysis of these are approximate and for information only; Eliminate the requirement that an FCU, revisions follows. the regulatory standard units are when calculating its investment in fixed Terabecquerels (TBq), (see Appendix A to assets, include its investments in any Section 701.36(a) part 71—Determination of A1 and A2, Section entity that holds fixed assets used by the I.). The final rule renumbers § 701.36(c), FCU; and establish a time frame for Investment in Fixed Assets, as For radionuclide Bi-205, the specific submission of requests for waiver of the activity is corrected to 1.5 × 103 TBq/g. § 701.36(a). The final rule retains the For radionuclide Cm-248, the specific requirement for partial occupation of requirement that FCUs with $1,000,000 ¥ activity is corrected to 1.6 × 10 4 TBq/g. premises acquired for future expansion. or more in assets cannot invest in fixed For radionuclide Eu-150 (long lived), the DATES: This rule is effective October 29, assets if the investment would cause the × ¥1 A1 value is corrected to 7.0 10 TBq. 2004. aggregate of all the FCU’s fixed assets to For radionuclide Te-132(a), the specific exceed five percent of the FCU’s shares activity is corrected to 3.0 × 105 Ci/g. FOR FURTHER INFORMATION CONTACT: Paul and retained earnings. The final rule Peterson, Staff Attorney, Division of * * * * * retains the waiver process that allows Operations, Office of General Counsel, Table A–3.—General Values for A1 and A2 FCUs to apply for a waiver of the five at the above address or telephone: (703) [Amended] percent limitation and reorganizes the 518–6540. The value under the sixth column waiver provisions to simplify them and ‘‘Activity concentration for exempt material SUPPLEMENTARY INFORMATION: make them easier to follow.

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Section 701.36(b) Program and its associated exemptions as it can over-invest through outright The final rule renumbers § 701.36(d), but no longer qualify for RegFlex must ownership. See, for example, the Premises, to § 701.36(b). This paragraph comply with all the provisions of the preamble to the 1989 final fixed asset contains provisions on real property fixed asset rule. rule. 54 FR 18466 (May 1, 1989). owned by an FCU that is not currently Section 701.36(e) Clarification of ‘‘Partially Occupy’’ and used to transact credit union business. The final rule renumbers § 701.36(b), ‘‘Fully Occupy’’ and Associated Time The final rule changes the title of this Definitions, to § 701.36(e). The rule Frames paragraph to ‘‘Premises Not Currently retains the definition of ‘‘investment in The proposed rule sought to clarify Used to Transact Credit Union fixed assets’’ found in subparagraph (4), that premises were considered partially Business’’ to better indicate its scope. but deletes the subparagraph (4)(iv) occupied when the credit union is using The final rule clarifies that requests portion of the definition that includes some part of the space on a full-time for waiver of the partial occupation any investments in, and loans to, a basis and fully occupied when the requirement must be in writing and partnership or corporation, including a credit union, or a combination of the submitted to NCUA within 30 months of CUSO, that holds any fixed assets used credit union, CUSOs, or vendors, use acquisition of the premises. The final by the FCU. This portion of the the entire space on a full-time basis. rule also clarifies that partial use occurs definition is unnecessary and, in some Almost all the commenters agreed that when FCU staff occupy some part of the cases, may cause investment in fixed the clarifications were helpful. space on a full-time basis. assets to be overstated. Most commenters believe it is The final clarifies that, after real The final rule revises the definition of reasonable that credit unions intending property acquired for future expansion ‘‘retained earnings’’ in subparagraph (7) to seek a waiver of the requirement for has been held for one year, a board to mean ‘‘undivided earnings, regular partial occupation of premises within resolution with definitive plans for full reserve, reserve for contingencies, three years should file the request for utilization must be available for supplemental reserves, reserve for waiver within 30 months. One inspection by an NCUA examiner. The losses, and other appropriations from commenter asks that, instead of 30 final rule also clarifies that full use undivided earnings as designated by months, the request for waiver be filed occurs when the premises are management or the Administration.’’ within 35 months, one month before the completely occupied by the FCU, or by The revision recognizes that reserve expiration of the three-year period. One some combination of the FCU, credit accounts may be created out of commenter objects to the waiver union service corporations (CUSOs), undivided earnings consistent with provision and believes it should be and credit union vendors, on a full-time generally accepted accounting eliminated. This commenter is basis. CUSO and vendor activities must principles. The rule also separates the particularly concerned that a credit be primarily to support the operations of definitions of ‘‘shares’’ and ‘‘retained union that loses its eligibility for the the FCU or serve its members. earnings’’ and alphabetizes all the RegFlex Program should not be granted The final rule clarifies and simplifies definitions to make them easier to a waiver. the provisions on abandoned premises. locate. The final rule retains the 30-month The final rule revises the provision that notice requirement. Thirty months an FCU ‘‘shall endeavor to dispose of Section 742.4(a) seems a reasonable amount of time to ‘‘abandoned premises’’ at a price The final rule includes a technical prepare a waiver request. The Board sufficient to reimburse the FCU for its amendment to the RegFlex Program rule also believes that the Regional Director investment and costs of acquisition’’ to reflecting the restructuring of the fixed should have flexibility to grant waivers state that an FCU must seek fair market asset rule. in appropriate cases, and the final rule value for the property. retains this waiver authority. C. Public Comments Several commenters believe NCUA Section 701.36(c) NCUA received 12 comment letters should reduce or eliminate the rule’s The final rule renumbers § 701.36(e), regarding the proposed rule. Almost all requirements for both partial and full Prohibited Transactions, to § 701.36(c). the commenters expressed general occupation, but particularly for full The rule retains the prohibition on an agreement with the proposed rule, and, occupation. These commenters contend FCU acquiring or leasing property in particular, the clarifications and it is difficult for a credit union to obtain (without the prior approval of NCUA) simplifications. Most of the commenters a building or lease space that is a perfect from the FCU’s insiders, their family expressed appreciation for NCUA’s fit for the credit union’s current and members, or corporations and policy of reviewing its regulations at near term plans and the rule’s partnerships in which the insider has a least once every three years. Summaries occupation requirements restrict credit significant ownership interest. To of the comments and the Board’s union growth and may be ensure that all business forms are reaction follow. anticompetitive. One commenter cites covered, the rule adds limited liability the perceived difficulty rural and low- companies and ‘‘other entities’’ to this Amendment to Definition of Fixed Asset income credit unions have in finding list. Almost all the commenters agree with appropriate office space, and another the change in the definition of fixed cites the perceived difficulty a Section 701.36(d) asset to exclude investments in entities continuing credit union in a merger has FCUs that qualify for the Regulatory that hold fixed assets used by the FCU. in balancing reduced staffing needs with Flexibility (RegFlex) Program are One commenter believes that lease the buildings it inherits in a merger. exempt from the five percent limitation payments for fixed assets should also be Another commenter stated that office on investment in fixed assets. 12 CFR excluded from the calculation of the construction projects take more than part 742. Accordingly, the final rule fixed asset limit. The Board does not three years from first planning to adds a new paragraph (d) to § 701.36 want to exclude lease payments. The building occupation and that it is with a cross-reference to the RegFlex Board’s longstanding position is that an ‘‘impractical to write a regulation that Program. The rule also reiterates that FCU can over-invest in fixed assets will inevitably require a waiver.’’ A few FCUs that once qualified for the RegFlex through binding lease arrangements just commenters also believe credit unions

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eligible for the RegFlex program should noted above, the acquisition of real 12 CFR 742.8. Accordingly, an FCU be exempt from any requirements to estate and other fixed assets must that loses its RegFlex eligibility and fully occupy a building because of the support the provision of financial finds itself with fixed assets exceeding lack of safety and soundness concerns services to credit union members and five percent of shares and retained for these credit unions. Two the Board believes the rule provides earnings does not have to divest itself of commenters cite with approval the significant and sufficient flexibility for any fixed assets unless NCUA Office of the Comptroller of the FCUs in how they address any excess affirmatively orders it to do so for safety Currency’s (OCC’s) approach to real capacity they may have in fixed assets and soundness reasons. If the FCU estate owned by national banks. The they acquire. wants to acquire additional fixed assets, OCC requires partial occupation of the FCU will need a waiver from the Fixed Asset Limitation bank-owned real estate but not always Regional Director before the acquisition full occupation. The current rule limits an FCU’s fixed if, after acquisition, the FCU would The Board recognizes the difficulties assets to five percent of shares and exceed the five percent limit. The Board associated with the management of real retained earnings. Credit unions eligible has amended the final rule text to reflect estate and other fixed assets but believes for the RegFlex Program are exempt this more clearly. that the fixed asset rule, as revised by from this limitation and there is a As stated above, a few commenters this rulemaking, provides maximum waiver process that other credit unions request modification of the five percent flexibility to FCUs within the bounds of may use to avoid the five percent limit for FCUs that lose their RegFlex the law and safety and soundness. limitation. eligibility. The Board does not believe Federal credit unions are chartered for A few commenters are concerned these credit unions need any special the purpose of providing financial with the proposed rule’s clarification variance from the five percent limit. A services to their members and it is not that credit unions that lose their Regional Director has authority to grant permissible for them to engage in real eligibility for the regulatory flexibility waivers and set conditions on those estate activities that do not support that program must again comply with the waivers. For FCUs that lose RegFlex purpose. fixed asset rule’s five percent limitation. eligibility and have or want fixed assets While it may sometimes be difficult One commenter suggests that a credit that would put them over the five for credit unions to find real estate to fit union that loses its status have up to percent limit, a Regional Director has their needs or to downsize real estate five years to dispose of fixed assets, authority to establish appropriate fixed holdings following a merger, the Board citing a similar time frame in the rule asset levels on a case-by-case basis. believes the rule provides enough for disposition of abandoned premises. flexibility to meet various Another commenter suggests that credit D. Regulatory Procedures circumstances. The rule allows an FCU unions with less than 9% net worth Regulatory Flexibility Act to own or lease premises it will not should have their RegFlex Program occupy immediately but needs for status extended for purposes of The Regulatory Flexibility Act future expansion and gives FCUs compliance with the fixed asset requires NCUA to prepare an analysis to significant leeway on how to achieve limitation even if they lose their describe any significant economic both partial and full occupation. For RegFlex status for other purposes. One impact a proposed rule may have on a example, there is no set time period commenter suggests that NCUA apply substantial number of small entities within which an FCU must achieve full the 5% limit on fixed assets to credit (those credit unions under ten million occupation. While the rule requires an unions that have a 7% or less net worth dollars in assets). NCUA believes that, FCU to develop a definitive plan for full ratio, and that NCUA modify its rule to under the current rule, the only burden occupation, it has an entire year after it increase the limit in direct proportion to imposed on small credit unions is the acquires property to develop the plan. the amount that the net worth ratio requirement to submit a waiver request Further, with regard to partial exceeds 7%. Another commenter if investment in fixed assets exceeds 5% occupation, the rule permits FCUs to believes the ratio of fixed assets to a of retained shares and earnings. There hold real estate for significant periods of combination of deposits and capital is are presently about 4,500 small, time—up to three years—before the FCU not a meaningful test of prudent federally-insured credit unions. Each has to occupy any of the space. If an management. year, only about ten of these credit FCU needs additional time beyond three In addressing these comments, the unions submit a waiver request, and years to achieve partial occupation, it Board first wishes to clarify a statement NCUA estimates each waiver request may request approval for additional made in the preamble of the proposed takes about ten hours to prepare. time from its Regional Director. The rule. The preamble stated that an FCU Accordingly, and as stated in the Board believes that it would be unusual, eligible for the RegFlex Program with preamble to the proposed rule, NCUA even when an FCU is constructing its fixed assets exceeding five percent of does not believe the rule imposes a own premises, for the FCU not to shares and retained earnings and that significant economic impact on a achieve partial occupation within three subsequently loses its RegFlex eligibility substantial number of small entities and years. Still, if the construction process must either reduce its fixed asset no flexibility analysis is required. will take more than three years, a waiver holdings below the five percent level or NCUA received no comments about this is appropriate and the credit union obtain a waiver. The RegFlex Program conclusion. should obtain it before binding itself regulation, however, has a grandfather Paperwork Reduction Act contractually to the project. provision that states: The Board is aware that the Office of The proposed rule requested the Comptroller of the Currency has a Any action by the credit union under the comment on the information collection different view of the powers of national RegFlex authority will be grandfathered. Any requirements contained in the fixed actions subsequent to losing the RegFlex banks under the National Bank Act, but authority must meet NCUA’s regulatory asset rule and advised that NCUA was the Board has concluded, for both legal requirements. This does not diminish seeking the reinstatement of Collection and safety and soundness reasons, that NCUA’s authority to require a credit union to of Information, FCU Ownership of Fixed FCUs may not lease real estate to divest its investments or assets for Assets, Control Number 3133–0040. No unrelated third parties indefinitely. As substantive safety and soundness reasons. comments were received. On July 7,

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2004, the Office of Management and PART 701—ORGANIZATION AND days of the receipt of the waiver request Budget (OMB) approved the OPERATION OF FEDERAL CREDIT or the receipt of additional requested reinstatement of Control Number 3133– UNIONS supporting information, whichever 0040, with revisions as proposed and an occurs later, the credit union may expiration date of July 31, 2007. I 1. The authority citation for part 701 proceed with its proposed investment in continues to read as follows: fixed assets. The investment, and any Executive Order 13132 Authority: 12 U.S.C. 1752(5), 1755, 1756, future investments in fixed assets, must Executive Order 13132 encourages 1757, 1759, 1761a, 1761b, 1766, 1767, 1782, not cause the credit union to exceed the independent regulatory agencies to 1784, 1787, and 1789. Section 701.6 is also aggregate investment limit described in consider the impact of their actions on authorized by 31 U.S.C. 3717. Section 701.31 its waiver request. state and local interests. In adherence to is also authorized by 15 U.S.C. 1601 et seq., (b) Premises Not Currently Used To fundamental federalism principles, 42 U.S.C. 1861 and 42 U.S.C. 3601–3610. Transact Credit Union Business. (1) NCUA, an independent regulatory Section 701.35 is also authorized by 42 When a Federal credit union acquires U.S.C. 4311–4312. agency as defined in 44 U.S.C. 3502(5), premises for future expansion and does I voluntarily complies with the executive 2. Revise § 701.36 to read as follows: not fully occupy the space within one order. This rule will not have § 701.36 FCU ownership of fixed assets. year, the credit union must have a board resolution in place by the end of that substantial direct effects on the states, (a) Investment in Fixed Assets. (1) No year with definitive plans for full on the relationship between the national Federal credit union with $1,000,000 or occupation. Premises are fully occupied government and the states, or on the more in assets may invest in any fixed when the credit union, or a combination distribution of power and assets if the investment would cause the of the credit union, CUSOs, or vendors, responsibilities among the various aggregate of all such investments to use the entire space on a full-time basis. levels of government. NCUA has exceed five percent of the credit union’s CUSOs and vendors must be using the determined that this rule does not shares and retained earnings. constitute a policy that has federalism space primarily to support the credit (2) The NCUA may waive the union or to serve the credit union’s implications for purposes of the prohibition in paragraph (a)(1) of this executive order. members. The credit union must make section. any plans for full occupation available The Treasury and General Government (i) A Federal credit union desiring a to an NCUA examiner upon request. Appropriations Act, 1999—Assessment waiver must submit a written request to (2) When a Federal credit union of Federal Regulations and Policies on the NCUA regional office having acquires premises for future expansion, Families jurisdiction over the geographical area the credit union must partially occupy The NCUA has determined that this in which the credit union’s main office the premises within a reasonable period, rule will not affect family well-being is located. The request must describe in not to exceed three years. Premises are within the meaning of section 654 of the detail the contemplated investment and partially occupied when the credit Treasury and General Government the need for the investment. The request union is using some part of the space on Appropriations Act, 1999, Pub. L. 105– must also indicate the approximate a full-time basis. The NCUA may waive 277, 112 Stat. 2681 (1998). aggregate amount of fixed assets, as a this partial occupation requirement in percentage of shares and retained writing upon written request. The Small Business Regulatory Enforcement earnings, that the credit union would request must be made within 30 months Fairness Act hold after the investment. after the property is acquired. The Small Business Regulatory (ii) The regional director will inform (3) A Federal credit union must make Enforcement Act of 1996 (Pub. L. 104– the requesting credit union, in writing, diligent efforts to dispose of abandoned 121) provides generally for of the date the request was received and premises and any other real property congressional review of agency rules. A of any additional documentation that not intended for use in the conduct of reporting requirement is triggered in the regional director might require in credit union business. The credit union instances where NCUA issues a final support of the waiver request. must seek fair market value for the rule as defined by section 551 of the (iii) The regional director will property, and record its efforts to Administrative Procedure Act. 5 U.S.C. approve or disapprove the waiver dispose of abandoned premises. After 551. The Office of Management and request in writing within 45 days after premises have been abandoned for four Budget has determined that this rule is receipt of the request and all necessary years, the credit union must publicly not a major rule for purposes of the supporting documentation. If the advertise the property for sale. Unless Small Business Regulatory Enforcement regional director approves the waiver, otherwise approved in writing by the Fairness Act of 1996. the regional director will establish an NCUA, the credit union must complete alternative limit on aggregate the sale within five years of List of Subjects investments in fixed assets, either as a abandonment. 12 CFR Part 701 dollar limit or as a percentage of the (c) Prohibited Transactions. (1) credit union’s shares and retained Without the prior written approval of Credit unions. earnings. Unless otherwise specified by the NCUA, no federal credit union may 12 CFR Part 742 the regional director, the credit union invest in premises through an may make future acquisition of fixed Credit unions, Reporting and acquisition or a lease of one year or assets only if the aggregate all of such recordkeeping requirements. longer from any of the following: future investments in fixed assets does (i) A director, member of the credit By the National Credit Union not exceed an additional one percent of committee or supervisory committee, or Administration Board on September 23, the shares and retained earnings of the senior management employee of the 2004. credit union over the amount approved federal credit union, or immediate Mary Rupp, by the regional director. family member of any such individual. Secretary of the Board. (iv) If the regional director does not (ii) A corporation in which any I Accordingly, the NCUA amends 12 notify the credit union of the action director, member of the credit CFR parts 701 and 742 as follows: taken on its request within 45 calendar committee or supervisory committee,

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official, or senior management (i) Any investment in improved or DEPARTMENT OF TRANSPORTATION employee, or immediate family unimproved real property which is members of any such individual, is an being used or is intended to be used as Federal Aviation Administration officer or director, or has a stock interest premises; 14 CFR Part 39 of 10 percent or more. (ii) Any leasehold improvement on (iii) A partnership, limited liability premises; [Docket No. 2002–NM–126–AD; Amendment company, or other entity in which any 39–13808; AD 2004–20–03] director, member of the credit (iii) The aggregate of all capital and committee or supervisory committee, or operating lease payments on fixed RIN 2120–AA64 assets, without discounting senior management employee, or Airworthiness Directives; Bombardier commitments for future payments to immediate family members of any such Model DHC–8–101, –102, –103, –106, individual, is a general partner, or a present value; and –201, –202, –301, –311, and –315 limited partner or entity member with (iv) Any investment in furniture, Airplanes an interest of 10 percent or more. fixtures and equipment. (2) The prohibition contained in AGENCY: Federal Aviation paragraph (c)(1) of this section also (5) Immediate family member means Administration, DOT. applies to a lease from any other a spouse or other family members living ACTION: Final rule. employee if the employee is directly in the same household. involved in investments in fixed assets (6) Premises means any office, branch SUMMARY: This amendment adopts a unless the board of directors determines office, suboffice, service center, parking new airworthiness directive (AD), that the employee’s involvement does lot, other facility, or real estate where applicable to all Bombardier Model not present a conflict of interest. the credit union transacts or will DHC–8–101, –102, –103, –106, –201, –202, –301, –311, and –315 airplanes. (3) All transactions with business transact business. associates or family members not This amendment requires a detailed (7) Senior management employee specifically prohibited by this paragraph inspection of the wing leading edge de- means the credit union’s chief executive (c) must be conducted at arm’s length icer boots to determine if they comply officer (typically this individual holds and in the interest of the credit union. with certain patch limits in the critical (d) Regulatory Flexibility Program. the title of President or Treasurer/ zone; and corrective action, if necessary. Federal credit unions that qualify for the Manager), any assistant chief executive This action is necessary to prevent Regulatory Flexibility Program provided officers (e.g., Assistant President, Vice reduced aerodynamic smoothness of the for in part 742 of this chapter are President or Assistant Treasurer/ wing leading edge de-icer boots and exempt from the five percent limitation Manager) and the chief financial officer possible reduced stall margin, which described in paragraph (a) of this (Comptroller). could result in a significant increase in section. For Federal credit unions (8) Shares means regular shares, share stall speeds, leading to a possible stall prior to activation of the stall warning. eligible for the Regulatory Flexibility drafts, share certificates, other savings. This action is intended to address the Program that subsequently lose (9) Retained earnings means eligibility: identified unsafe condition. undivided earnings, regular reserve, (1) Section 742.8 of this chapter DATES: Effective November 3, 2004. reserve for contingencies, supplemental provides that NCUA may require the ADDRESSES: The service information reserves, reserve for losses, and other credit union to divest any existing fixed referenced in this AD may be obtained assets for substantive safety and appropriations from undivided earnings from Bombardier, Inc., Bombardier soundness reasons; and as designated by management or the Regional Aircraft Division, 123 Garratt (2) The credit union may not make Administration. Boulevard, Downsview, Ontario M3K any new investments in fixed assets if, 1Y5, Canada. This information may be PART 742—REGULATORY after the investment, the credit union’s examined at the Federal Aviation FLEXIBILITY PROGAM total investments in fixed assets would Administration (FAA), Transport exceed the five percent limitation Airplane Directorate, Rules Docket, described in paragraph (a) of this I 3. The authority citation for part 742 1601 Lind Avenue, SW., Renton, section. The regional director may continues to read as follows: Washington; or at the FAA, New York waive this prohibition to allow for new Authority: 12 U.S.C 1756 and 1766. Aircraft Certification Office, 1600 investments. Stewart Avenue, suite 410, Westbury, (e) Definitions—As used in this I 4. Revise § 742.4(a) to read as follows: New York. section: FOR FURTHER INFORMATION CONTACT: Ezra (1) Abandoned premises means real § 742.4 From what NCUA regulations will I Sasson, Aerospace Engineer, Systems property previously used to transact be exempt? and Flight Test Branch, ANE–172, FAA, credit union business but no longer (a) RegFlex credit unions are exempt New York Aircraft Certification Office, used for that purpose and real property from the provisions of the following 1600 Stewart Avenue, suite 410, originally acquired for future expansion NCUA regulations without restrictions Westbury, New York, 11590; telephone for which the credit union no longer or limitations: § 701.25, § 701.32(b) and (516) 228–7320; fax (516) 794–5531. contemplates such use. (c), § 701.36(a), § 703.5(b)(1)(ii) and (2), SUPPLEMENTARY INFORMATION: A (2) Fixed assets means premises, § 703.12(c), § 703.16(b), and § 723.7(b) of proposal to amend part 39 of the Federal furniture, fixtures and equipment. this chapter. Aviation Regulations (14 CFR part 39) to (3) Furniture, fixtures, and equipment include an airworthiness directive (AD) means all office furnishings, office * * * * * that is applicable to all Bombardier machines, computer hardware and [FR Doc. 04–21757 Filed 9–28–04; 8:45 am] Model DHC–8–101, –102, –103, –106, software, automated terminals, and BILLING CODE 7535–01–P –201, –202, –301, –311, and –315 heating and cooling equipment. airplanes was published in the Federal (4) Investments in fixed assets means: Register on December 18, 2003 (68 FR

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70469). That action proposed to require chapters of the AMM referenced in operating your aircraft to a place where a detailed inspection of the wing paragraph (a) of the proposed rule the repairs or modifications can be leading edge de-icer boots to determine contain significantly more information accomplished. FAA may also decline to if they comply with the patch size and/ than apply to the patch limits that affect issue a special flight permit in particular or patch number limits in the critical the stall margin. The commenter further cases if we determine you cannot move zone as defined in the aircraft states that the limits can be addressed the aircraft safely.’’ If an operator does maintenance manual; and corrective concisely and, therefore, proposes that not have the specified authority and action, if necessary. we specify the actual acceptance criteria requires a special flight permit, we will in the proposed rule. The commenter evaluate any request for a special flight Comments states that this would allow operators to permits on a case by case basis at the Interested persons have been afforded revise the AMMs as necessary to time of the request. We do not find it an opportunity to participate in the provide current information, yet would necessary to change the final rule in this making of this amendment. Due still mandate the limits that are regard. consideration has been given to the required. The commenter also suggests Request To Address Varying Levels of comments received. that if paragraph (a) is changed as Degradation Request To Reference New Temporary suggested, all references to the AMM in Another commenter is concerned Revisions the proposed rule be changed to refer to paragraph (a). about varying levels of degradation of One commenter, an airplane operator, We agree with the commenter’s the de-icer boots in the affected fleet of states that the proposed rule requires request to change paragraph (a) of the airplanes. The commenter states that inspections using limits that were final rule and all references to it in the there may be airplanes in operation that published in the aircraft maintenance final rule for the stated reasons. do not exceed the limits in the proposed manual (AMM) in October 2001. The Paragraph (a) has been revised to more rule, but still have leading edge de-icer commenter notes that these limits have clearly define the term, ‘‘patch limits’’ boots that are in a state of repair that all been revised, and now all have and to specify those specific limits. may degrade the aerodynamic revision dates in 2003. In addition, the Additionally, all references to the AMM performance of the wing more than commenter states that if the new limits have been changed to refer to paragraph other airplanes with less damage. are not included in the proposed rule, (a). We also have revised the Summary We infer that the commenter is then operators would be required to find of the final rule to remove the reference requesting that we revise the proposed and re-insert the older data into the to the limits in the critical zone ‘‘as rule to address airplanes that carry AMM, which would negate two years of defined in the AMM.’’ varying levels of degradation. We do not progress in maintaining the leading edge agree. The limits in the final rule de-icer boots. Request To Allow Ferry Flights address the worst-case patch size and We infer that the commenter is The same commenter requests that we patch limits in the wing critical zone. In requesting that we use the revisions that add a new paragraph to the final rule devising these limits, we assessed the were published in 2003. We partially regarding ferry flights. The proposed amount of damage that is acceptable for agree with the commenter’s request. We paragraph would allow operators of any safe flight without the performance have not revised paragraph (a) of the airplane that has de-icer boots that do penalties cited in Table 2 of this AD. final rule to include the new AMM not meet the AMM limits to ferry the These limits take into account the revisions because another suggestion by airplane to a location where repairs can airplane aerodynamic characteristics the same commenter (see ‘‘Request to be made, provided the airplane is and the smoothness of the boots. We Insert Limits Directly Into Final Rule’’) operated under the limits in Table 2 of have not changed the final rule in this makes including a reference to these the proposed rule. We infer that the regard. revisions in that paragraph unnecessary. operator would like the flexibility to However, we have listed these revisions move airplanes to convenient locations Request To Clarify Applicability of in new Table 3 of new paragraph (c)(3) for repair without the need to request a Performance Penalties of the final rule (see ‘‘Explanation of special flight permit. The same commenter states that it is New Paragraph (c)(3) of the Final We partially agree with the unclear if the performance penalties Rule’’). In addition, because the commenter’s request to add a paragraph cited in Table 2 of the proposed rule are requirements in the new revisions are regarding ferry flights to the final rule. to be included only in the airplane flight less restrictive, those operators who On July 10, 2002, we issued a new manuals (AFM) of airplanes that have have complied with the limits version of 14 CFR part 39 (67 FR 47997, boot patches that exceed the patch- published in the 2001 revisions are still July 22, 2002), which governs the FAA’s number limits, or if the penalties will be compliant with the intent of the final airworthiness directives system. The applicable to all Model DHC–8 airplanes rule. Therefore, we have added new regulation now includes material that in a given operator’s fleet until all of the Table 4 and new paragraph (e) to the relates to special flight permits for ferry proposed inspections and replacements final rule that gives credit to operators flights. As stated in 14 CFR 39.23: are completed. who have accomplished the required ‘‘[T]he operations specifications giving From these statements, we infer that actions in accordance with the 2001 some operators authority to operate the commenter is requesting that we revisions of the AMM. include a provision that allow(s) them clarify the applicability of the to fly their aircraft to a repair facility to performance penalties listed in Table 2 Request To Insert Limits Directly Into do the work required by an of the proposed rule. We do not agree Final Rule airworthiness directive. If you do not that is necessary to change the The same commenter suggests that, have this authority, the local Flight applicability of the final rule to make rather than referencing the AMMs for Standards District Office of FAA may this clarification. As stated in paragraph the necessary limits in paragraph (a) of issue you a special flight permit unless (c) of the final rule, the performance the proposed rule, the FAA insert the the airworthiness directive states penalties apply only to airplanes that necessary limits directly into paragraph otherwise. To ensure aviation safety, require corrective actions. Airplanes (a). The commenter states that the FAA may add special requirements for that require corrective actions are those

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that have boot patches that exceed the Therefore, after the boot replacements The cost impact figure discussed limits specified in the AMM. We have have been made, it is unnecessary to above is based on assumptions that no not changed the final rule in this regard. institute an ongoing monitoring operator has yet accomplished any of However, we have clarified paragraphs program. We have not changed the final the requirements of this AD action, and (c) and (c)(1) of the final rule based on rule in this regard. that no operator would accomplish the addition of a new paragraph (c)(3) to those actions in the future if this AD Conclusion the final rule. These changes are were not adopted. The cost impact described below in ‘‘Explanation of New After careful review of the available figures discussed in AD rulemaking Paragraph (c)(3) of the Final Rule’’ and data, including the comments noted actions represent only the time ‘‘Explanation of Clarifications Made in above, we have determined that air necessary to perform the specific actions Paragraphs (c) and (c)(1) of the Final safety and the public interest require the actually required by the AD. These Rule.’’ adoption of the rule with the changes figures typically do not include Request To Reduce Compliance Time described previously. We have incidental costs, such as the time for Replacements determined that these changes will required to gain access and close up, neither increase the economic burden planning time, or time necessitated by The same commenter requests that we on any operator nor increase the scope other administrative actions. reduce the 24-month compliance time of the AD. replacing the wing de-icer boots, which Regulatory Impact is specified in paragraph (c)(2) of the Explanation of New Paragraph (c)(3) of The regulations adopted herein will proposed rule. The commenter states the Final Rule not have a substantial direct effect on that a 24-month compliance time could Paragraph (c)(3) of the final rule gives the States, on the relationship between allow some airplanes to be exposed to operators two methods to choose from the national Government and the States, icing conditions for up to three icing for replacing the de-icer boots: or on the distribution of power and seasons. • In accordance with a method responsibilities among the various We do not agree with the request for approved by either the Manager, levels of government. Therefore, it is a shorter compliance time in paragraph Systems and Flight Test Branch, ANE– determined that this final rule does not (c)(2) of the final rule. In developing the 172, FAA, New York Aircraft have federalism implications under proposed compliance time, we Certification Office; or Executive Order 13132. considered the fact that there have been • For the reasons discussed above, I no occurrences of stall problems in the In accordance with a method approved by Transport Canada Civil certify that this action (1) is not a past, and that an airplane that requires ‘‘significant regulatory action’’ under corrective action is bound to the Aviation (or its delegated agent). The paragraph further states that the Executive Order 12866; (2) is not a performance penalties in Table 2 of the ‘‘significant rule’’ under DOT final rule during this 24-month period. applicable chapter of the AMM referenced in Table 3 of paragraph (c)(3) Regulatory Policies and Procedures (44 We determined that the compliance is FR 11034, February 26, 1979); and (3) appropriate in consideration of the of the final rule is ‘‘one approved method.’’ will not have a significant economic safety implications, the average impact, positive or negative, on a We find that allowing operators to utilization rate of the affected fleet, the substantial number of small entities accomplish the actions according to one practical aspects of an orderly under the criteria of the Regulatory of the cited methods will not impose inspection of the fleet, and the Flexibility Act. A final evaluation has additional burden for operators to availability of required modification been prepared for this action and it is comply with the actions in the AD. parts. We have not changed the final contained in the Rules Docket. A copy rule in this regard. Explanation of Clarifications Made in of it may be obtained from the Rules Request for Ongoing Monitoring Paragraphs (c) and (c)(1) of the Final Docket at the location provided under Program Rule the caption ADDRESSES. The same commenter requests that Adding paragraph (c)(3) to this final List of Subjects in 14 CFR Part 39 there be a clearly delineated ongoing rule made it necessary to clarify the Air transportation, Aircraft, Aviation program included in the proposed rule statements in paragraphs (c) and (c)(1) safety, Incorporation by reference, to monitor the number and size of of the final rule. Paragraph (c) of the Safety. patches on the new boots in order to final rule now specifically requires stay in compliance with AMM limits. operators of airplanes that require Adoption of the Amendment The commenter is concerned that the corrective actions to do the actions in I Accordingly, pursuant to the authority proposed rule is not clear about how paragraphs (c)(1) and (c)(2). Paragraph delegated to me by the Administrator, operators should monitor the number (c)(1) of the final rule now also refers to the Federal Aviation Administration and size of boot patches on the new airplanes that have findings that exceed amends part 39 of the Federal Aviation boots after replacement, and still stay in the patch limits in accordance with Regulations (14 CFR part 39) as follows: compliance with the AMM limits. paragraph (b)(2) of the final rule. We do not agree that it is necessary Cost Impact PART 39—AIRWORTHINESS to delineate a monitoring program. DIRECTIVES Paragraph (d) of the final rule states that We estimate that 200 airplanes of U.S. ‘‘as of the effective date of this AD, no registry will be affected by this AD, that I 1. The authority citation for part 39 person may install—on any airplane—a it will take approximately 2 work hours continues to read as follows: de-icer boot patch in the critical zone of per airplane to accomplish the required Authority: 49 U.S.C. 106(g), 40113, 44701. the wing de-icer boots that exceeds the actions, and that the average labor rate patch limits specified in paragraph (b) is $65 per work hour. Based on these § 39.13 [Amended] of this AD.’’ Paragraph (d) of this AD is figures, the cost impact of the AD on I 2. Section 39.13 is amended by adding intended to prevent the installation of U.S. operators is estimated to be the following new airworthiness any patches beyond the specified limits. $26,000, or $130 per airplane. directive:

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2004–20–03 Bombardier, Inc. (Formerly de To prevent reduced aerodynamic defined in accordance with paragraphs (a)(1) Havilland, Inc.): Amendment 39–13808. smoothness of the wing leading edge de-icer and (a)(2) of this AD. Docket 2002–NM–126–AD. boots and possible reduced stall margin, (1) The wing ‘‘critical zone’’ is the area of which could result in a significant increase Applicability: All Model DHC–8–101, the leading edge assemblies that represents in stall speeds, leading to a possible stall 3% of the chord. The critical zone may be –102, –103, –106, –201, –202, –301, –311, prior to activation of the stall warning; found by measuring from the aft edge of a and –315 airplanes; certificated in any accomplish the following: category. leading edge assembly, going forward on the Compliance: Required as indicated, unless Critical Zone Limits and Patch Limits upper surface and lower surface. The accomplished previously. (a) For the purposes of this AD, the measurements identify the aft limits of the ‘‘critical zone’’ and ‘‘patch limits’’ are critical zone, as shown in Table 1 of this AD.

TABLE 1.—LIMITS OF CRITICAL ZONE [In inches]

Measured Measured Spanwise region along lower along upper surface surface

YW63.00–YW139.00 ...... 13.0 131⁄4 YW202.00–YW288.00 ...... 101⁄4 101⁄2 YW288.00–YW326.00 ...... 91⁄2 93⁄4 YW326.00–YW405.00 ...... 8.0 81⁄4 YW405.00–YW790.00 ...... 61/2 63⁄4 YW490.00–YW520.00 (series 300 only) ...... 61⁄4 61⁄2

(2) ‘‘Patch limits’’ regarding the number the wing leading edge de-icer boots to Corrective Actions and size of patches are defined as follows: determine if the de-icer boots comply with (c) For airplanes that require corrective (i) Three small 11⁄4 × 21⁄2 inch (3.17 × 6.35 the patch limits in the wing critical zone as actions, as described in paragraph (b)(2) of centimeters (cm)) patches for each 12-inch defined in paragraph (a) of this AD. square (929.0 square cm). this AD, do the actions in paragraphs (c)(1) (ii) Two medium 21⁄2 × 5 inch (6.35 × 12.70 Note 1: For the purposes of this AD, a and (c)(2) of this AD. cm) patches for each 12-inch square. detailed inspection is defined as: ‘‘An (1) Before further flight after the finding of (iii) One large 5 × 10 inches (12.70 × 25.40 intensive visual examination of a specific any de-icer boot that exceeds the patch limits cm) patch for each 12-inch square. structural area, system, installation, or per paragraph (b)(2) of this AD: Insert the (3) ‘‘Patch limits’’ regarding the number or assembly to detect damage, failure, or contents of Table 2 of this AD in the total percentage of patches that may be irregularity. Available lighting is normally Limitations Section of the aircraft flight concentrated together in one area of the wing supplemented with a direct source of good manual (AFM) and advise flightcrews to de-icer boot are defined as follows: The lighting at intensity deemed appropriate by spanwise length of each patch in the critical comply with the performance penalties in zone, added together, may be no greater than the inspector. Inspection aids such as mirror, Table 2 of this AD. 62.5% of the total length of the boot. A patch magnifying lenses, etc., may be used. Surface (2) Within 24 months after the effective is considered to be in the critical zone if any cleaning and elaborate access procedures date of this AD, replace all wing de-icer boots part of the patch is in the critical zone. may be required.’’ that exceed the patch limits in the critical Patches may be concentrated together in one (1) If all de-icer boots are within the patch zone as defined in paragraph (a) of this AD, area of the boot as long as one patch is not limits in the critical zone, no further action with new de-icer boots, per paragraph (c)(3) applied over part of another patch; patches is required by this paragraph. of this AD. Remove the contents of Table 2 may not overlap. (2) If any de-icer boot exceeds the patch of this AD from the AFM, and terminate the Detailed Inspection limits in the critical zone, accomplish the requirements to comply with the (b) Within 60 days after the effective date corrective actions required by paragraph (c) performance penalties after all replacements of this AD: Perform a detailed inspection of of this AD. are accomplished.

TABLE 2.—PERFORMANCE PENALTIES

AFM limits with de-ice boot patch limits exceeded AFM sections (Note: Flap settings as applicable to aircraft model)

T/O Speed: Sub-Section 5–2: V1, Vr & V2 ...... Add: 5 kt (flap 0°); 5 kt (flap 5°); 5 kt (flap 10°); 5 kt (flap 15°). Final T/O Climb Speed ...... Add: 5 kt (flap 0°). T/O WAT Limit: Sub-Section 5–3: Note: Weight reduction not required when limited by maximum Subtract: 18 kg, 400 lb. (flap 0°); 90 kg, 200 lb. (flap 5°); No change structural weight. (flap 10°); No change (flap 15°). T/O Climb: Sub-Section 5–4: 1st Seg. Gradient ...... Subtract: 0.008 (flap 0°); 0.004 (flap 5°); 0.004 (flap 10°); 0.004 (flap 15°). 2nd Seg. Gradient ...... Subtract: 0.005 (flap 0°); 0.002 (flap 5°); 0.002 (flap 10°); 0.002 (flap 15°). Final Seg. Gradient ...... Subtract: 0.009 (flap 0°). T/O Field Length: Sub-Section 5–5: TOR, TOD & ASD ...... Add: 16% (flap 0°); 16% (flap 5°); 16% (flap 10°); 16% (flap 15°). Net T/O Flight Path: Sub-Section 5–6: Ref Gradient ...... Subtract: 0.005 (flap 0°); 0.002 (flap 5°); 0.002 (flap 10°); 0.002 (flap 15°).

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TABLE 2.—PERFORMANCE PENALTIES—Continued

AFM limits with de-ice boot patch limits exceeded AFM sections (Note: Flap settings as applicable to aircraft model)

4th Seg. Net Gradient ...... Subtract: 0.012 (flap 0°). Flap Retraction Initiation Speed ...... Add: 5 kt (flap 5°); 5 kt (flap 10°); 5 kt (flap 15°). Enroute Climb Data: Sub-Section 5–7: Enroute Climb Speed ...... Add: 5 kt. Net Climb Gradient ...... Subtract: 0.004. OEI-Climb Ceiling ...... Subtract: 1,200 ft. Landing Speed: Sub-Section 5–8: Approach, Go-around & Vref ...... Add: 5 kt (flap 5°); 5 kt (flap 10°); 5 kt (flap 15°); 5 kt (flap 35°). Landing WAT Limit: Sub-Section 5–9: Note: Weight reduction not required when limited by maximum Subtract: 860 kg, 1,900 lb.(flap 10°); 225 kg, 500 lb. (flap 15°); 180 kg, structural weight. 400 lb. (flap 35°). Landing Climb Data: Sub-Section 5–10: Approach Gross Climb Gradient ...... Subtract: 0.010 (flap 5°); 0.003 (flap 10°); 0.002 (flap 15°). Balked Landing Gross Climb Gradient ...... Subtract: 0.035 (flap 10°); 0.017 (flap 15°); 0.016 (flap 35°). Landing Field Length: Sub-Section 5–11: Add: 23% (flap 10°); 16% (flap 15°); 10% (flap 35°). Brake Energy: Sub-Section 5–12: Accel/Stop B.E ...... Add: 7% (flap 0°); 7% (flap 5°); 7% (flap 10°); (flap 15°). Landing B.E ...... Add: 30% (flap 10°); 20% (flap 15°); 8% (flap 35°).

(3) Do the replacements described in York Aircraft Certification Office (ACO), or Maintenance Manual (AMM) or in the paragraph (c)(2) of this AD per a method Transport Canada Civil Aviation (TCCA) (or temporary revision listed in Table 3 of this approved by either the Manager, Systems and its delegated agent). The applicable chapter AD is one approved method. Flight Test Branch, ANE–172, FAA, New of the applicable Bombardier Aircraft

TABLE 3.—AMM REFERENCE

Product support Temporary revi- Model AMM manual (PSM) Chapter sion (TR) Date

DHC–8–101, –102, –103, and –106 Series 100 ...... 1–8–2 ...... 30–10–48 ...... TR 30–35 ...... October 28, 2003. DHC–8–201, and –202 ...... Series 200 ...... 1–82–2 ...... 30–12–00 ...... TR 30–025 ...... August 28, 2003. DHC–8–301, –311, and –315 ...... Series 300 ...... 1–83–2 ...... 30–10–48 ...... TR 30–25 ...... October 21, 2003.

Parts Installation Effective Date CFR 71) by revising Class D and Class (d) As of the effective date of this AD, no (g) This amendment becomes effective on E airspace areas at Joplin, MO. A review person may install—on any airplane—a de- November 3, 2004. of the controlled airspace areas at icer boot patch in the critical zone of the Joplin, MO revealed noncompliance Issued in Renton, Washington, on wing de-icer boots that exceeds the patch with criteria for diverse departures from September 16, 2004. limits specified in paragraph (a) of this AD. Joplin Regional Airport. The review also Ali Bahrami, identified other discrepancies in the Actions Accomplished Previously Manager, Transport Airplane Directorate, legal descriptions for the Joplin, MO (e) Actions that were accomplished before Aircraft Certification Service. Class E airspace areas. The intended the effective date of this AD per the [FR Doc. 04–21646 Filed 9–28–04; 8:45 am] effect of this rule is to provide applicable chapters of the following AMMs is BILLING CODE 4910–13–P controlled airspace of appropriate acceptable for compliance with the dimensions to protect aircraft departing corresponding action in this AD: DHC–8– from and executing Standard Instrument 101, –102, and –106 Series 100 AMM, PSM DEPARTMENT OF TRANSPORTATION Approach Procedures (SIAPs) to Joplin 1–8–2, Chapter 30–10–48, Revision 49, dated Regional Airport. It also corrects Federal Aviation Administration October 3, 2001; DHC–8–201, and –202 discrepancies in the legal descriptions Series 200 AMM, PSM 1–82–2, Chapter 30– of Joplin, MO Class D and Class E 14 CFR Part 71 12–00, Revision 11, dated October 19, 2001; airspace areas and brings the airspace and Temporary Revision 30–21 to the DHC– [Docket No. FAA–2004–18824; Airspace areas and legal descriptions into 8–301, –311, and –315 Series 300 AMM, PSM Docket No. 04–ACE–50] compliance with FAA Orders. 1–83–2, Chapter 30–10–48, dated October 30, DATES: This direct final rule is effective 2001. Modification of Class D Airspace; and on 0901 UTC, January 20, 2005. Modification of Class E Airspace; Alternative Methods of Compliance Comments for inclusion in the Rules Joplin, MO (f) In accordance with 14 CFR 39.19, the Docket must be received on or before Manager, New York ACO, FAA, is authorized AGENCY: Federal Aviation November 8, 2004. to approve alternative methods of Administration (FAA), DOT. ADDRESSES: Send comments on this compliance for this AD. ACTION: Direct final rule; request for proposal to the Docket Management Note 2: The subject of this AD is addressed comments. System, U.S. Department of in Canadian airworthiness directive CF– Transportation, Room Plaza 401, 400 2001–43, dated November 23, 2001. SUMMARY: This action amends Title 14 Seventh Street, SW., Washington, DC Code of Federal Regulations, part 71 (14 20590–0001. You must identify the

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docket number FAA–2004–18824/ compliance with FAA Orders 7400.2E Docket No. FAA–2004–18824/Airspace Airspace Docket No. 04–ACE–50, at the and 8260.19C. Class D airspace areas are Docket No. 04–ACE–50.’’ The postcard beginning of your comments. You may published in Paragraph 5000 of FAA will be date/time stamped and returned also submit comments on the Internet at Order 7400.9M, dated August 30, 2004, to commenter. http://dms.dot.gov. You may review the and effective September 16, 2004, which Agency Findings public docket containing the proposal, is incorporated by reference in 14 CFR any comment received, and any final 71.1. Class E airspace areas designated The regulations adopted herein will disposition in person in the Dockets as surface areas and Class E airspace not have a substantial direct effect on Office between 9 a.m. and 5 p.m., areas extending upward from 700 feet or the States, on the relationship between Monday through Friday, except Federal more above the surface of the earth are the national Government and the States, holidays. The Docket Office (telephone published in Paragraphs 6002 and 6005 or on the distribution of power and 1–800–647–5527) is on the plaza level respectively of the same FAA Order. responsibilities among the various of the Department of Transportation The Class D and Class E airspace levels of government. Therefore, it is NASSIF Building at the above address. designations listed in this document determined that this final rule does not FOR FURTHER INFORMATION CONTACT: will be published subsequently in the have federalism implications under Brenda Mumper, Air Traffic Division, Order. Executive Order # 13132. Airspace Branch, ACE–520A, DOT The Direct Final Rule Procedure The FAA has determined that this Regional Headquarters Building, Federal regulation is noncontroversial and The FAA anticipates that this Aviation Administration, 901 Locust, unlikely to result in adverse or negative regulation will not result in adverse or Kansas City, MO 64106; telephone: comments. For the reasons discussed in negative comment and, therefore, is (816) 329–2524. the preamble, I certify that this issuing it as a direct final rule. Previous regulation: (1) Is not a ‘‘significant SUPPLEMENTARY INFORMATION: This actions of this nature have not been regulatory action’’ under Executive amendment to 14 CFR 71 modifies the controversial and have not resulted in Order 12866; (2) is not a ‘‘significant Class D airspace area, the Class E adverse comments or objections. Unless airspace area designated as a surface a written adverse or negative comment, rule’’ under Department of area and the Class E airspace area or a written notice of intent to submit Transportation (DOT) Regulatory extending upward from 700 feet above an adverse or negative comment is Policies and Procedures (44 FR 11034, the surface at Joplin, MO. An received within the comment period, February 26, 1979); and (3) if examination of controlled airspace for the regulations will become effective on promulgated, will not have a significant Joplin, MO revealed that the Class D the date specified above. After the close economic impact, positive or negative, airspace area and the Class E airspace of the comment period, the FAA will on a substantial number of small entities area designated as a surface area do not publish a document in the Federal under the criteria of the Regulatory comply with airspace requirements for Register indicating that no adverse or Flexibility Act. diverse departures from Joplin Regional negative comments were received and List of Subjects 14 CFR Part 71 Airport as set forth in FAA Order confirming the data on which the final 7400.2E, Procedures for Handling rule will become effective. If the FAA Airspace, Incorporation by reference, Airspace Matters. The examination also does receive, within the comment Navigation (air). revealed that the dimensions and period, an adverse or negative comment, Adoption of the Amendment descriptions of extensions to the Class E or written notice of intent to submit airspace area extending upward from such a comment, a document I Accordingly, the Federal Aviation 700 feet above the surface do not withdrawing the direct final rule will be Administration amends 14 CFR part 71 comply with FAA Order 8260.19C, published in the Federal Register, and as follows: Flight Procedures and Airspace. a notice of proposed rulemaking may be This action expands the Joplin, MO published with a new comment period. PART 71—DESIGNATION OF CLASS A, Class D and Class E airspace area CLASS B, CLASS C, CLASS D, AND designated as a surface area from a 4.2- Comments Invited CLASS E AIRSPACE AREAS; mile to a 4.3-mile radius of Joplin Interested parties are invited to AIRWAYS; ROUTES; AND REPORTING Regional Airport. It also defines the participate in this rulemaking by POINTS centerline of the northwest extension to submiting such written data, views, or I the Class E airspace area extending arguments, as they may desire. 1. The authority citation for part 71 upward from 700 feet above the surface Comments that provide the factual basis continues to read as follows: in relation to the 318° bearing from supporting the views and suggestions Authority: 49 U.S.C. 106(g), 40103, 40113, LUNNS LOM, decreases the width of presented are particularly helpful in 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– this extension from 2.6 to 1.9 miles each developing reasoned regulatory 1963 Comp., p. 389. side of centerline and decreases the decisions on the proposal. Comments § 71.1 [Amended] length from 7.4 to 7 miles from LUNNS are specifically invited to the overall LOM. Additionally, the southeast regulatory, aeronautical, economic, I 2. The incorporation by reference in 14 extension to the Class E airspace area environmental, and energy-related CFR 71.1 of Federal Aviation extending upward from 700 feet above aspects of the proposal. Administration Order 7400.9M, dated the surface is no longer required and is Communications should identify both August 30, 2004, and effective deleted from the legal description. docket numbers and be submitted in September 16, 2004, is amended as These modifications provide triplicate to the address listed above. follows: controlled airspace of appropriate Commenters wishing the FAA to Paragraph 5000 Class D Airspace. dimensions to protect aircraft departing acknowledge receipt of their comments * * * * * from the executing SIAPs to Joplin on this notice must submit with those Regional Airport and bring the legal comments a self-addressed, stamped ACE MO D Joplin, MO descriptions of the Joplin, MO Class D postcard on which the following Joplin Regional Airport, MO and Class E airspace areas into statement is made: ‘‘Comments to (Lat. 37°09′07″ N., long. 94°29′54″ W.)

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That airspace extending upward from the Issued in Kansas City, MO, on September (Rajasthan 1 & 2 and Tarapur 1 & 2) is surface to and including 3,500 feet MSL 17, 2004. a presumption of approval for items not within a 4.3-mile radius of Joplin Regional Paul J. Sheridan, multilaterally controlled for nuclear Airport. This Class D airspace area is Manager, Air Traffic Division, Central Region. proliferation reasons. This document effective during the specific dates and times [FR Doc. 04–21862 Filed 9–28–04; 8:45 am] corrects those errors. established in advance by a Notice to BILLING CODE 4910–13–M DATES: This rule is effective September Airmen. The effective date and time will 23, 2004. thereafter be continuously published in the Airport/Facility Directory. FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF COMMERCE Eileen M. Albanese, Office of Exporter * * * * * Services, Bureau of Industry and Paragraph 6002 Class E Airspace Bureau of Industry and Security Security, telephone: (202) 482–0436. Designated as Surface Areas. 15 CFR Part 744 List of Subjects in 15 CFR Part 744 * * * * * [Docket No. 040713207–4207–01] Exports, Reporting and recordkeeping ACE MO E2 Joplin, MO requirements, Terrorism. RIN 0694–AD13 Joplin Regional Airport, MO I Accordingly, for the reasons set forth ° ′ ″ ° ′ ″ Lat. 37 09 07 N., long. 94 29 54 W.) India: Removal of Indian Entity and in the preamble, 15 CFR part 744 is Within a 4.3-mile radius of Joplin Regional Revision in License Review Policy for amended as follows: Airport. This Class E airspace area is effective Certain Indian Entities; and a PART 744—[AMENDED] during the specific dates and times Clarification; Correction established in advance by a Notice to I 1. The authority citation for 15 CFR AGENCY: Airmen. The effective date and time will Bureau of Industry and part 744 is revised to read as follows: thereafter be continuously published in the Security, Commerce. Authority: 50 U.S.C. app. 2401 et seq.; 50 Airport/Facility Directory. ACTION: Final rule. U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; * * * * * 42 U.S.C. 2139a; Sec. 901–911, Pub. L. 106– SUMMARY: On September 22, 2004, the Paragraph 6005 Class E airspace areas 387; Sec. 221, Pub. L. 107–56; E.O. 12058, 43 Bureau of Industry and Security FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. extending upward from 700 feet or more published a Federal Register document 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. above the surface of the earth. that, inter alia, removed an Indian entity 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 * * * * * from the Entity List and revised Comp., p. 950; E.O. 12947, 60 FR 5079, 3 licensing policies for other Indian CFR, 1995 Comp., p. 356; E.O. 13026, 61 FR ACE MO E5 Joplin, MO entities in the Export Administration 58767, 3 CFR, 1996 Comp., p. 228; E.O. Joplin regional Airport, MO Regulations. That notice was 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. (Lat. 37°09′07″ N., long. 94°29′54″ W.) misprinted, containing typographical 208, E.O. 13222, 66 FR 44025, 3 CFR, 2001 LUNNS LOM errors in the statement of licensing Comp., p. 783; E.O. 13224, 66 FR 49079, 3 (Lat. 37°12′11″ N., long 94°33′31″ W.) CFR, 2001 Comp., p. 786; Notice of October policy with respect to two Indian 29, 2003, 68 FR 62209, 3 CFR, 2003 Comp., That airspace extending upward from 700 Department of Atomic Energy entities p. 347; Notice of August 6, 2004, 69 FR 48763 feet above the surface within a 6.8-mile that are subject to International Atomic (August 10, 2004). radius of Joplin Regional Airport and within Energy Agency safeguards and in 1.9 miles each side of the 318° bearing from statements of Federal Register citations § 744.1 [Corrected] the LUNNS LOM extending from the 6.8-mile amending the Entity List. Additionally, I 2. In Supplement No. 4 to part 744, radius of the airport to 7 miles northwest of the preamble in that notice should have under the country of ‘‘India’’, the entities the LOM. stated that the licensing policy for the ‘‘Indian Space Research Organization * * * * * ‘‘balance of plant’’ portion of Indian (ISRO) headquarters in Bangalore’’ and nuclear facilities subject to International ‘‘Department of Atomic Energy Agency Atomic Energy Agency safeguards entities’’ are revised to read as follows:

SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST

Country/Entity License requirement License review policy Federal Register citation

******* INDIA The following Indian Space Research Organization (ISRO) subordinate entities: —ISRO Telemetry, Tracking and Command Net- For all items subject to the Case-by-case review for all 63 FR 64322, 11/19/98; 65 work (ISTRAC);. EAR having a classifica- items on the CCL. FR 14444, 03/17/00; 66 —ISRO Inertial Systems Unit (IISU), tion other than (1) FR 50090, 10/01/01; 69 Thiruvananthapuram;. EAR99 or (2) a classi- FR 56694, 09/22/04. —Liquid Propulsion Systems Center; ...... fication where the third —Solid Propellant Space Booster Plant (SPROB); through fifth digits of the —Space Applications Center (SAC), Ahmadabad; ECCN are ‘‘999’’, e.g. —Sriharikota Space Center (SHAR); ...... XX999. —Vikram Sarabhai Space Center (VSSC), Thiruvananthapuram.

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SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST—Continued

Country/Entity License requirement License review policy Federal Register citation

The following Dpeartment of Atomic Energy entities: —Bhabha Atomic Research Center (BARC); ...... For all items subject to the Case-by-case for all items 63 FR 64322, 11/19/98; 65 —Indira Gandhi Atomic Research Center (IGCAR); EAR. listed on the CCL. Pre- FR 14444, 03/17/00; 66 —Indian Rare Earths; ...... sumption of approval for FR 50090, 10/01/01; 69 —Nuclear reactors (including power plants) not EAR99 items. FR 56694, 09/22/04. under International Atomic Energy Agency (IAEA) safeguards, fuel reprocessing and enrich- ment facilities, heavy water production facilities and their collocated ammonia plants. The following Department of Atomic Energy entities: —Nuclear reactors (including power plants) subjet For all items subject to the Case-by-case for all items 63 FR 64322, 11/19/98; 65 to International Atomic Energy Agency (IAEA) EAR. listed on the CCL. Pre- FR 14444, 03/17/00; 66 safeguards: Tarapur (TAPS 1 & 2), Rajasthan sumption of approval for FR 50090, 10/01/01; 69 (RAPS 1 & 2). EAR99 items. Presump- FR 56694, 09/22/04. tion of approval for all items not multilaterally controlled for Nuclear Proliferation (NPI) rea- sons for use in the ‘‘bal- ance of plant’’ (non-reac- tor-related end uses) 1 activities at nuclear facili- ties subject to Inter- national Atomic Energy Agency safeguards (Rajasthan 1 & 2 and Tarapur 1 & 2).

******* 1 ‘‘Balance of Plant’’ refers to the part of a nuclear power plant used for power generation (e.g., turbines, controllers, or power distribution) to distinguish it from the nuclear reactor.

Eileen M. Albanese, Department of Health and Human 811(h)(2)) requires that the temporary Director, Office of Exporter Services. Services (DHHS) and a DEA review scheduling of a substance expires at the [FR Doc. 04–21837 Filed 9–27–04; 11:43 am] indicating that AMT and 5-MeO-DIPT end of one year from the effective date BILLING CODE 3510–33–P meet the criteria for placement in of the order. However, if proceedings to Schedule I of the CSA. This final rule schedule a substance pursuant to 21 will continue to impose the regulatory U.S.C. 811(a)(1) have been initiated and controls and criminal sanctions of DEPARTMENT OF JUSTICE are pending, the temporary scheduling Schedule I substances on the of a substance may be extended for up Drug Enforcement Administration manufacture, distribution, and to six months. On March 31, 2004, the possession of AMT and 5-MeO-DIPT. Acting Deputy Administrator published 21 CFR Part 1308 EFFECTIVE DATE: September 29, 2004. a notice of proposed rulemaking in the FOR FURTHER INFORMATION CONTACT: Federal Register (69 FR 16838) to place [Docket No. DEA–252F] Christine Sannerud, PhD, Chief, Drug AMT and 5-MeO-DIPT into Schedule I and Chemical Evaluation Section, Office of the CSA on a permanent basis. The Schedules of Controlled Substances: of Diversion Control, Drug Enforcement temporary scheduling of AMT and 5- Placement of Alpha-Methyltryptamine Administration, Washington, DC 20537, MeO-DIPT, which would have expired and 5-Methoxy-N,N- Telephone (202) 307–7183. April 3, 2004, was extended to October Diisopropyltryptamine Into Schedule I SUPPLEMENTARY INFORMATION: 3, 2004 (69 FR 17034, April 1, 2004). of the Controlled Substances Act On April 4, 2003, the Deputy Administrator of the One comment was received regarding AGENCY: Drug Enforcement DEA published a final rule in the the proposed placement of these Administration (DEA), Department of Federal Register (68 FR 16427) substances into Schedule I of the CSA. Justice. amending § 1308.11(g) of Title 21 of the The DEA has gathered and reviewed ACTION: Final rule. Code of Federal Regulations to the available information regarding the temporarily place AMT and 5-MeO- pharmacology, chemistry, trafficking, SUMMARY: This final rulemaking is DIPT into Schedule I of the CSA actual abuse, pattern of abuse, and the issued by the Deputy Administrator of pursuant to the temporary scheduling relative potential for abuse for AMT and the Drug Enforcement Administration provisions of 21 U.S.C. 811(h). This 5-MeO-DIPT. The Acting Deputy (DEA) to place alpha-methyltryptamine final rule, which became effective on Administrator submitted these data to (AMT) and 5-methoxy-N,N- the date of publication, was based on the Acting Assistant Secretary for diisopropyltryptamine (5-MeO-DIPT) findings by the Deputy Administrator Health, Department of Health and into Schedule I of the Controlled that the temporary scheduling of AMT Human Services (DHHS). In accordance Substances Act (CSA). This action by and 5-MeO-DIPT was necessary to avoid with 21 U.S.C. 811(b), the Acting the DEA Deputy Administrator is based an imminent hazard to the public safety. Deputy Administrator also requested a on a scheduling recommendation by the Section 201(h)(2) of the CSA (21 U.S.C. scientific and medical evaluation and a

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scheduling recommendation for AMT effects of a 20 mg dose of AMT to those problems. These raves have also become and 5-MeO-DIPT from the Acting of 50 micrograms of lysergic acid venues for the trafficking and abuse of Assistant Secretary of DHHS. On diethylamide (LSD). AMT also produces other substances in place of or in September 17, 2004, the Acting dextroamphetamine-like mood elevating addition to ‘‘Ecstasy.’’ AMT and 5-MeO- Assistant Secretary for Health effects in humans (Hollister et al., J. DIPT belong to such a group of recommended that AMT and 5-MeO- Nervous Ment. Dis., 131: 428–434, 1960; substances. DIPT be permanently controlled in Murphree et al., Clin. Pharmacol. Ther. The abuse of AMT and 5-MeO-DIPT Schedule I of the CSA. 2: 722–726, 1961). began to spread in 1999. Since that time, Alpha-methyltryptamine (AMT) and Similar to other classical these tryptamines have been 5-methoxy-N,N-diisopropyltryptamine hallucinogens, AMT binds to serotonin encountered by law enforcement (5-MeO-DIPT) are tryptamine receptors. It also inhibits 5-HT uptake, agencies in several states. These (indoleethylamine) derivatives and induces catecholamine release and substances have been commonly share several similarities with the inhibits monoamine oxidase activity. encountered in tablet, capsule or Schedule I tryptamine hallucinogens The available experimental evidence powder forms. The tablet form often such as alpha-ethyltryptamine (AET) suggests that both serotonergic and bears imprints commonly seen on and N,N-dimethyltryptamine (DMT). dopaminergic systems mediate MDMA tablets such as spider, alien Several other tryptamines also produce behavioral effects of AMT. head and ‘‘?’’ logos. These tablets also hallucinogenic/stimulant effects and are 5-MeO-DIPT produces vary in colors such as pink, purple, red, controlled as Schedule I substances pharmacological effects similar to those and orange. The powder in capsule was under the CSA (bufotenine, of several Schedule I hallucinogens. The also found to vary in colors such as diethyltryptamine, psilocybin and synthesis and preliminary human white, off-white, gray, and burnt orange. psilocyn). Although tryptamine itself psychopharmacology study on 5-MeO- Data from law enforcement officials appears to lack consistent DIPT was first published in 1981 indicate that 5-MeO-DIPT is often sold hallucinogenic/stimulant effects, (Shulgin and Carter, Comm. as ‘‘Foxy’’ or ‘‘Foxy Methoxy’’, while substitutions on the indole ring and the Psychopharmacol. 4: 363–369, 1981). AMT has been sold as ‘‘Spirals’’ at least ethylamine side-chain of this molecule According to this report, subjective in one case. Data gathered from result in pharmacologically active effects of 5-MeO-DIPT are substantially published studies indicate that these are substances (McKenna and Towers, J. similar to those of MDMA, 3,4- administered orally at doses ranging Psychoactive Drugs, 16: 347–358, 1984). methylenedioxyamphetamine (MDA) from 15–40 mg for AMT and 6–20 mg The chemical structures of AMT and 5- and 4-Bromo-2,5- for 5-MeO-DIPT. MeO-DIPT possess the critical features dimethoxyphenethylamine (2C-B). 5- According to the Florida Department necessary for hallucinogenic/stimulant MeO-DIPT is an orally active of Law Enforcement (FDLE) report activity. In drug discrimination studies, hallucinogen. Following oral issued in 2002, the abuse by teens and both AMT and 5-MeO-DIPT substitute administration of 6–10 mg, 5-MeO-DIPT young adults of AMT and 5-MeO-DIPT for 1-(2,5-dimethoxy-4-methylphenyl)- produces subjective effects with an is an emerging problem. There have aminopropane (DOM), a onset of about 20–30 minutes, a peak at been reports of abuse of AMT and 5- phenethylamine-based hallucinogen in about 1–1.5 hours and duration of about MeO-DIPT at clubs and raves in Schedule I of the CSA. The potencies of 3–6 hours. Subjects who have been Arizona, California, Florida and New DOM-like discriminative stimulus administered 5-MeO-DIPT are talkative York. Many tryptamine-based effects of these and several other similar and disinhibited. 5-MeO-DIPT dilates substances are illicitly available from tryptamine derivatives correlate well pupils. High doses of 5-MeO-DIPT United States and foreign chemical with their hallucinogenic potencies in produce nausea, jaw clenching, muscle companies and from individuals humans (Glennon et al., Eur. J. tension and overt hallucinations with through the Internet. There is also Pharmacol. 86: 453–459, 1983). both auditory and visual distortions. As evidence of attempted clandestine AMT, besides its full generalization to mentioned above, 5-MeO-DIPT fully production of AMT and 5-MeO-DIPT in DOM, also partially mimics mimics the discriminative stimulus Nevada, Virginia and Washington, DC. amphetamine and 3,4- effects of DOM, a Schedule I According to data from the System to methylenedioxymethamphetamine hallucinogen. According to the Retrieve Information on Drug Evidence (MDMA) in drug discrimination tests in discriminative stimulus studies (STRIDE), since 1999 Federal law experimental animals. AMT increases conducted by the Drug Evaluation enforcement authorities seized 34 drug systolic and diastolic arterial blood Committee of the College on Problems exhibits and filed 14 cases pertaining to pressures, dilates pupils and produces of Drug Dependence, 5-MeO-DIPT dose- the trafficking, distribution and abuse of strong motor stimulant effects. The dependently (0.1–3 mg/kg, IP) AMT during 1999 to 2003. The behavioral effects of orally administered generalizes to LSD with a maximal corresponding STRIDE data for 5-MeO- AMT (20 mg) in humans are slow in response of about 70% at doses (3 mg/ DIPT included 63 drug exhibits onset, occurring after 3 to 4 hours, and kg) that severely disrupted responding. pertaining to 32 cases. AMT drug gradually subsiding after 12 to 24 hours, The abuse of stimulant/ seizures included 21 capsules and but may last up to 2 days in some hallucinogenic substances in popular all 1,011.8 grams of powder, while 5-MeO- subjects. The majority of the subjects night dance parties (‘‘raves’’) and in DIPT drug seizures included 12,070 report euphoria, stimulation, muscle other venues has been a major problem tablets, 560 capsules, and 6,532.3 grams tension, muscle ache, nervous tension, in Europe since the 1990s. In the past of powder. Since 2001, the National irritability, restlessness, dizziness, several years, this activity has spread to Forensic Laboratory Information System impaired motor coordination, unsettled the United States. The Schedule I (NFLIS) registered 10 and 12 cases of feeling in stomach, inability to relax and controlled substance MDMA and its AMT and 5-MeO-DIPT, respectively. sleep, and visual effects such as blurry analogues, collectively known as AMT drug exhibits included 17 dosage vision, apparent movement of objects, Ecstasy, are the most popular drugs units and 7.53 grams of powder, while sharper outlines, brighter colors, longer abused at these raves. Their abuse has 5-MeO-DIPT drug exhibits included 24 after images, and visual hallucinations. been associated with both acute and capsules, 3 tablets and 14.42 grams of The majority of the subjects equate the long-term public health and safety powder.

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AMT and 5-MeO-DIPT share trafficking and abuse data, as of AMT and 5-MeO-DIPT which are substantial chemical and summarized herein, does exist to place distributed on or after October 29, 2004 pharmacological similarities with other AMT and 5-MeO-DIPT in Schedule I of shall comply with requirements of Schedule I tryptamine-based the CSA on a permanent basis. As these §§ 1302.03 –1302.07 of Title 21 of the hallucinogens in Schedule I of the CSA. substances have no legitimate medical Code of Federal Regulations. AMT shares pharmacological effects of use in the United States, the trafficking 4. Quotas. Quotas for AMT and 5- amphetamine, a stimulant, and DOM in, and use by individuals for the MeO-DIPT are established pursuant to and LSD, the Schedule I hallucinogens. psychoactive effects they produce, is Part 1303 of Title 21 of the Code of AMT acts as a stimulant, produces considered abuse. In addition, the Federal Regulations. euphoria and increases heart rate and control of these substances in Schedule 5. Inventory. Every registrant required blood pressure. The evidence suggests I of the CSA does not violate any legally to keep records and who possesses any that 5-MeO-DIPT mimics protected right. quantity of AMT and 5-MeO-DIPT is pharmacological effects of MDMA, Based on all the available information required to keep an inventory of all MDA, and 2C–B, the Schedule I gathered and reviewed by the DEA and stocks of the substances on hand hallucinogens. It also partially mimics in consideration of the scientific and pursuant to §§ 1304.03, 1304.04 and amphetamine effects. The risks to the medical evaluation and scheduling 1304.11 of Title 21 of the Code of public health associated with the above recommendation by the Assistant Federal Regulations. Every registrant mentioned controlled substances are Secretary of the DHHS, the Deputy who desires registration in Schedule I well known and documented. AMT and Administrator has determined that for AMT and 5-MeO-DIPT shall conduct 5-MeO-DIPT, similar to other sufficient data exist to support the an inventory of all stocks of AMT and tryptamine-or phenethylamine-based placement of AMT and 5-MeO-DIPT 5-MeO-DIPT. hallucinogens, through the alteration of into Schedule I of the CSA pursuant to 6. Records. All registrants are required sensory perception and judgment can 21 U.S.C. 811(a). The Deputy to keep records pursuant to §§ 1304.03, pose serious health risks to the user and Administrator finds: 1304.04 and §§ 1304.21–1304.23 of Title the general public. Tryptamine, the (1) AMT and 5-MeO-DIPT have a high 21 of the Code of Federal Regulations. parent molecule of AMT and 5-MeO- potential for abuse. 7. Reports. All registrants required to DIPT, is known to produce convulsions (2) AMT and 5-MeO-DIPT have no submit reports in accordance with and death in animals (Tedeschi et al., J. currently accepted medical use in § 1304.33 of Title 21 of the Code of Pharmacol. Exp. Ther. 126: 223–232, treatment in the United States. Federal Regulations shall do so 1959). Following extensive studies on (3) AMT and 5-MeO-DIPT lack regarding AMT and 5-MeO-DIPT. AMT as a possible antidepressant drug accepted medical safety for use under 8. Order Forms. All registrants in 1960s, The Upjohn Company medical supervision. involved in the distribution of AMT and concluded that AMT is a highly toxic In accordance with 21 U.S.C. 5-MeO-DIPT must comply with the substance and discontinued the clinical 811(h)(5), the Deputy Administrator order form requirements of part 1305 of studies on this substance. In fact, there hereby vacates the order temporarily Title 21 of the Code of Federal were two recent published case reports placing AMT and 5-MeO-DIPT into Regulations. describing the instances of emergency Schedule I of the CSA published in the 9. Importation and Exportation. All department admissions resulting from Federal Register on April 4, 2003. importation and exportation of AMT abuse of AMT and 5-MeO-DIPT in 2003 Regulatory Requirements and 5-MeO-DIPT must be in compliance with part 1312 of Title 21 of the Code (Long et al., Vet. Human Toxicol., 45: With the issuance of this final order, of Federal Regulations. 149, 2003; Meatherall and Sharma, J. AMT and 5-MeO-DIPT continue to be 10. Criminal Liability. Any activity Anal. Toxicol., 27: 313–317, 2003). subject to regulatory controls and with AMT and 5-MeO-DIPT not There has been at least one confirmed administrative, civil and criminal authorized by, or in violation of, the death caused by the abuse of AMT in sanctions applicable to the manufacture, Controlled Substances Act or the Florida in 2003. The above data show distribution, dispensing, importing and Controlled Substances Import and that the continued, uncontrolled tablet exporting of a Schedule I controlled Export Act occurring on or after or capsule production, distribution and substance, including the following: abuse of AMT and 5-MeO-DIPT pose 1. Registration. Any person who September 29, 2004 will continue to be hazards to the public health and safety. manufactures, distributes, dispenses, unlawful. There are no recognized therapeutic imports or exports AMT and 5-MeO- Regulatory Certifications uses of these substances in the United DIPT or who engages in research or States. conducts instructional activities with Regulatory Flexibility Act The DEA received one comment from respect to AMT and 5-MeO-DIPT or who The Deputy Administrator of the DEA an organization in response to the proposes to engage in such activities hereby certifies that the placement of proposed placement of AMT and 5- must submit an application for AMT and 5-MeO-DIPT into Schedule I MeO-DIPT into Schedule I of the CSA. Schedule I registration in accordance of the CSA will not have a significant This organization did not support the with part 1301 of Title 21 of the Code economic impact upon entities whose proposed placement of these drugs into of Federal Regulations. interests must be considered under the Schedule I on the following basis: (1) 2. Security. AMT and 5-MeO-DIPT are Regulatory Flexibility Act, 5 U.S.C. 601 They believed insufficient data exists to subject to Schedule I security et seq. This action involves the control support placement into Schedule I as requirements and must be of two substances with no currently the mere use of these substances was manufactured, distributed and stored in accepted medical use in the United not abuse and (2) Prohibiting the accordance with §§ 1301.71, 1301.72(a), States. possession of these substances is a (c), and (d), 1301.73, 1301.74, 1301.75 Executive Order 12866 substantial infringement of the (a) and (c) and 1301.76 of Title 21 of the fundamental right of adults to freedom Code of Federal Regulations. This final rule is not a significant of thought. Both the DEA and the DHHS 3. Labeling and Packaging. All labels regulatory action for the purposes of have found that sufficient scientific, and labeling for commercial containers Executive Order 12866. Drug

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Scheduling matters are not subject to PART 1308—SCHEDULES OF ADDRESSES: Documents indicated in this review by the Office of Management and CONTROLLED SUBSTANCES preamble as being available in the Budget pursuant to provisions of docket are port of docket CGD13–04– Executive Order 12866, section 3(d)(1). I 1. The authority citation for Part 1308 039 and are available for inspection or continues to read as follows: copying at the U.S. Coast Guard Marine Executive Order 12988 Authority: 21 U.S.C. 811, 812, 871(b) Safety Office Puget Sound, 1519 This regulation meets the applicable unless otherwise noted. Alaskan Way South, Building 1, Seattle, standards set forth in sections 3(a) and I 2. Section 1308.11 is amended by: Washington 98134 between 8 a.m. and 3(b)(2) of Executive Order 12988 Civil I A. Redesignating existing paragraphs 4 p.m., Monday through Friday, except Justice Reform. (d)(15) through (d)(32) as paragraphs Federal holidays. Executive Order 13132 (d)(16) through (d)(33), FOR FURTHER INFORMATION CONTACT: I B. Adding a new paragraph (d)(15), Lieutenant Junior Grade Jessica Hagen at This final rule does not have I C. Further redesignating paragraphs (206) 217–6231. substantial direct effects on the States, (d)(19) through (d)(33) as paragraphs SUPPLEMENTARY INFORMATION: on the relationship between the national (d)(20) through (d)(34), government and the States, or on the I D. Adding a new paragraph (d)(19), Background and Purpose distribution of power and I E. Removing paragraphs (g)(3) and We did not publish a notice of responsibilities among the various (g)(4) to read as follows: proposed rulemaking (NPRM) for this levels of government. Therefore, in § 1308.11 Schedule I. regulation. Under 5 U.S.C. 553(b)(B), the accordance with Executive Order 13132, Coast Guard finds that good cause exists * * * * * it is determined that this rule will not for not publishing an NPRM. The (d) * * * have sufficient federalism implications hydroplane race poses several dangers (15) Alpha-methyltryptamine (other to warrant the preparation of a to the public including excessive noise, name: AMT)—7432. federalism assessment. objects falling from any accidents, and * * * * * Unfunded Mandates Reform Act of 1995 hydroplanes racing at high speeds in (19) 5-methoxy-N,N- proximity to other vessels. Accordingly, This rule will not result in the diisopropyltryptamine (other name: 5- prompt regulatory action is needed in expenditure by State, local and tribal MeO-DIPT) —7439. order to provide for the safety of governments, in the aggregate, or by the * * * * * spectators and participants during the private sector, of $114,000,000 or more Dated: September 23, 2004. event. If normal notice and comment in any one year, and it will not procedures were followed, this rule significantly or uniquely affect small Michele M. Leonhart, Deputy Administrator. would not become effective until after governments. Therefore, no actions were the date of the event. The Coast Guard [FR Doc. 04–21755 Filed 9–28–04; 8:45 am] deemed necessary under provisions of finds that good cause exists for not the Unfunded Mandates Reform Act of BILLING CODE 4410–09–P publishing an NPRM, because doing so 1995. would be contrary to the interests of Small Business Regulatory Enforcement public safety because immediate action DEPARTMENT OF HOMELAND Fairness Act of 1996 is necessary to protect the public. SECURITY Under 5 U.S.C.(d)(3), for the same This rule is not a major rule as Coast Guard reasons cited above, the Coast Guard defined by Section 804 of the Small finds that good cause exists for making Business Regulatory Enforcement 33 CFR Part 100 this rule effective in less than 30 days Fairness Act of 1996. This rule will not after publication in the Federal result in an annual effect on the [CGD13–04–039] Register. economy of $100,000,000 or more; a major increase in costs or prices; or RIN 1625–AA08 Discussion of Rule significant adverse effects on Special Local Regulations for Marine This rule will create two regulated competition, employment, investment, Events, Strait Thunder Hydroplane areas, a race area and a viewing area. productivity, innovation, or on the Races, Port Angeles, WA These regulated areas restrict the ability of United States-based movement of spectator, non-participant, companies to compete with foreign- AGENCY: Coast Guard, DHS. vessels during hydroplane races. These based companies in domestic and ACTION: Temporary final rule. regulated areas assist in minimizing the export markets. inherent dangers associated with SUMMARY: List of Subjects in 21 CFR Part 1308 The Coast Guard is hydroplane races. These dangers establishing temporary special local include, but are not limited to, excessive Administrative practice and regulations for the Strait Thunder noise, race craft traveling at high speed procedure, Drug traffic control, Hydroplane Races held on the waters of in close proximity to one another and to Reporting and recordkeeping Port Angeles Harbor, Port Angeles, spectator craft, and the risk of airborne requirements. Washington. These special local objects from any accidents associated I Under the authority vested in the regulations limit the movement of non- with hydroplanes. In the event that Attorney General by Section 201(a) of the participating vessels in the regulated hydroplanes require emergency CSA (21 U.S.C. 811(a)), and delegated to race area and provide for a viewing area assistance, rescuers must have the Administrator of the DEA by the for spectator craft. This rule is needed immediate and unencumbered access to Department of Justice regulations (28 to provide for the safety of life on the craft. The Coast Guard, through this CFR 0.100) and re-delegated to the navigable waters during the event. action, intends to promote the safety of Deputy Administrator pursuant to 28 DATES: This rule is effective from 9 a.m. personnel, vessels, and facilities in the CFR 0.104, the Deputy Administrator on October 1, 2004 through 5 p.m. on area. Due to these concerns, public amends 21 CFR Part 1308 as follows: October 3, 2004 Pacific Daylight Time. safety requires these regulations to

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provide for the safety of life on the economic impact on a substantial incur direct costs without the Federal navigable waters. number of small entities. Government’s having first provided the If you think that your business, funds to pay those costs. This rule Regulatory Evaluation organization, or governmental would not impose an unfunded This rule is not a ‘‘significant jurisdiction qualifies as a small entity mandate. regulatory action’’ under section 3(f) of and that this rule would have a Taking of Private Property Executive Order 12866, Regulatory significant economic impact on it, Planning and Review, and does not please submit a comment (see This rule would not effect a taking of require an assessment of potential costs ADDRESSES) explaining why you think it private property or otherwise have and benefits under section 6(a)(3) of that qualifies and how and to what degree taking implications under Executive Order. The Office of Management and this rule would economically affect it. Order 12630, Governmental Actions and Interference with Constitutionally Budget has not reviewed it under that Assistance for Small Entities Order. It is not ‘‘significant’’ under the Protected Property Rights. Under section 213(a) of the Small regulatory policies and procedures of Civil Justice Reform the Department of Homeland Security Business Regulatory Enforcement (DHS). Fairness Act of 1996 (Pub. L. 104–121), This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive We expect the economic impact of we want to assist small entities in Order 12988, Civil Justice Reform, to this rule to be so minimal that a full understanding this rule so that they can minimize litigation, eliminate Regulatory Evaluation under the better evaluate its effects on them and ambiguity, and reduce burden. regulatory policies and procedures of participate in the rulemaking. If the rule would affect your small business, DHS is unnecessary. This expectation is Protection of Children organization, or governmental based on the fact that the regulated area We have analyzed this rule under established by this rule encompasses an jurisdiction and you have questions concerning its provisions or options for Executive Order 13045, Protection of area near Port Angeles Harbor, not Children from Environmental Health frequented by commercial navigation. compliance, please contact the person FOR FURTHER INFORMATION Risks and Safety Risks. This rule is not The regulation is established for the listed in the ( CONTACT) section. Small businesses may an economically significant rule and benefit and safety of the recreational does not concern an environmental risk boating public, and any negative send comments on the actions of Federal employees who enforce, or to health or risk to safety that may recreational boating impact is offset by disproportionately affect children. the benefits of allowing the hydroplanes otherwise determine compliance with, to race. This rule is effective from 9 a.m. Federal regulations to the Small Indian Tribal Governments on October 1, 2004 through 5 p.m. on Business and Agriculture Regulatory Enforcement Ombudsman and the This rule does not have tribal October 3, 2004 Pacific Daylight Time. implications under Executive Order For the above reasons, the Coast Guard Regional Small Business Regulatory Fairness Boards. The Ombudsman 13175, Consultation and Coordination does not anticipate any significant with Indian tribal governments, because economic impact. evaluates these actions annually and rates each agency’s responsiveness to it does not have a substantial direct Small Entities small business. If you wish to comment effect on one or more Indian tribes, on on actions by employees of the Coast the relationship between the Federal Under the Regulatory Flexibility Act Guard, call 1–888-REG-FAIR (1–888– Government and Indian tribes, or on the (5 U.S.C. 601–612), the Coast Guard 734–3247). distribution of power and considered whether this rule would responsibilities between the Federal have a significant economic impact on Collection of Information Government and Indian tribes. a substantial number of small entities. This rule would call for no new Energy Effects The term ‘‘small entities’’ comprises collection of information under the small businesses, not-for-profit Paperwork Reduction Act of 1995 (44 We have analyzed this rule under organizations that are independently U.S.C. 3501–3520). Executive Order 13211, Actions owned and operated and are not Concerning Regulations That dominant in their fields, and Federalism Significantly Affect Energy Supply, governmental jurisdictions with A rule has implications for federalism Distribution, or Use. We have populations of less than 50,000. This under Executive Order 13132, determined that it is not a ‘‘significant rule will affect the following entities, Federalism, if it has a substantial direct energy action’’ under that order because some of which may be small entities: effect on State or local governments and it is not a ‘‘significant regulatory action’’ The owners or operators of vessels would either preempt State law or under Executive Order 12866 and is not intending to transit this portion of Port impose a substantial direct cost of likely to have a significant adverse effect Angeles Harbor during the time this compliance on them. We have analyzed on the supply, distribution, or use of regulation is in effect. The zone will not this rule under Executive Order 13132 energy. The administrator of the Office have a significant economic impact due and have determined that this rule does of Information and Regulatory Affairs to its short duration and small area. The not have implications for federalism has not designated it as a significant only vessels likely to be impacted will under that Order. energy action. Therefore, it does not be recreational boaters and small require a Statement of Energy Effects passenger vessel operators. The event is Unfunded Mandates Reform Act under Executive Order 13211. held for the benefit and entertainment of The Unfunded Mandates Reform Act those above categories. Because the of 1995 (2 U.S.C. 1531–1538) governs Environment impacts of this proposal are expected to the issuance of Federal regulations that We have analyzed this rule under be so minimal, the Coast Guard certifies require unfunded mandates. An Commandant Instruction M16475.1D, under 605(b) of the Regulatory unfunded mandate is a regulation that which guides the Coast Guard in Flexibility Act (5 U.S.C. 601 et seq.) that requires a State, local, or tribal complying with the National this rule will not have a significant government or the private sector to Environmental Policy Act of 1969

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(NEPA) (42U.S.C. 4321–4370f), and other federal, state or local law Mailstop Code 1104, Washington, DC have concluded that there are not enforcement vessel. 20250–1104. factors in this case that would limit the (c) Special Local Regulations. (1) FOR FURTHER INFORMATION CONTACT: use of a categorical exclusion under From 9 a.m. on October 1, 2004 through Dave Barone, Planning Specialist, section 2.B.2 of the Instruction. 5 p.m. on October 3, 2004, non- Ecosystem Management Coordination Therefore, this rule is categorically participant vessels are prohibited from Staff, Forest Service, USDA, (202) 205– excluded, under figure 2–1, paragraph entering the race area unless authorized 1019; Fax (202) 205–1012. (34)(h), of the Instruction, from further by the Coast Guard Patrol Commander. SUPPLEMENTARY INFORMATION: The U.S. environmental documentation. Under (2) Spectator craft may remain in the Department of Agriculture is clarifying figure 2–1, paragraph (34)(h), of the designated spectator area but must the effect of the transition provisions of Instruction, and ‘‘Environmental follow the directions of the Coast Guard the National Forest System land and Analysis Check List’’ and a ‘‘Categorical Patrol Commander. Spectator craft resource management planning Exclusion Determination’’ are not entering, exiting or moving within the regulation at 36 CFR part 219 (65 FR required for this rule. spectator area must operate at speeds 67514) adopted on November 9, 2000 that will create a minimum wake, and List of Subjects in 33 CFR Part 100 (2000 planning rule). The transition not exceed seven knots. The maximum provisions govern National Forest Marine safety, Navigation (water), speed may be reduced at the discretion System planning during the transition Reporting and record keeping of the Coast Guard Patrol Commander. period originally set forth in the 2000 requirements, Waterways. (3) A succession of sharp, short planning rule and amended by interim I For the reasons discussed in the signals by whistle or horn from a Patrol final rules promulgated on May 17, 2001 preamble, the Coast Guard amends 33 Vessel will serve as a signal to stop. (66 FR 27552), and May 20, 2002 (67 FR CFR part 100, as follows: Vessels signaled must stop and comply 35431). with the orders of the Patrol Vessel. Section 219.35(a) of the transition PART 100—MARINE EVENTS Failure to do so may result in expulsion provisions requires the responsible [AMENDED] from the area, citation for failure to official, during the transition period, to comply, or both. I consider the best available science in 1. The authority citation for Part 100 (4) The Coast Guard Patrol continues to read as follows: implementing and, if appropriate, in Commander may be assisted by other amending existing plans. Section Authority: 33 U.S.C. 1233; Department of federal, state and local law enforcement 219.35(b) currently allows the Homeland Security Delegation No. 0170.1. agencies in enforcing this regulation. responsible official, during this period, I 2. From 9 a.m. on October 1 through Dated: September 22, 2004. to elect to prepare plan amendments 5 p.m. on October 3, 2004, add temporary J.M. Garrett, and revisions using the provisions of the § 100.T13–002 to read as follows: Rear Admiral, U.S. Coast Guard, Commander, 1982 planning rule. Section 219.35(d) Thirteenth Coast Guard District. currently exempts projects § 100.T13–002 Special Local Regulations, [FR Doc. 04–21846 Filed 9–28–04; 8:45 am] implementing land and resource Strait Thunder Hydroplane Races, Port BILLING CODE 4910–15–P management plans from compliance Angeles, WA. with the substantive provisions of the (a) Regulated areas. (1) The race area 2000 planning regulation during the encompasses all waters located inside of DEPARTMENT OF AGRICULTURE transition period. a line connecting the following points The transition period began on located near Port Angeles, Washington: Forest Service November 9, 2000. The May 17, 2001 Point 1: 48°07′24″ N, 123°25′32″ W; and May 20, 2002 interim final rules ° ′ ″ ° ′ ″ Point 2: 48 07 26 N, 123 24 35 W; 36 CFR Part 219 amended the 2000 planning rule to Point 3: 48°07′12″ N, 123°25′31″ W; extend the transition period until final Point 4: 48°07′ 15″ N, 123°24′34″ W. National Forest System Land and adoption of the proposed revision to the [Datum: NAD 1983]. Resource Management Planning; Use 2000 planning rule published on (2) The spectator area encompasses of Best Available Science in December 6, 2002 (67 FR 72770). During all waters located within a box bounded Implementing Land Management Plans this period, while the substantive by the following points located near provisions of the 2000 rule are not Port Angeles, Washington: Point 1: AGENCY: Forest Service, USDA. binding, the transition provisions 48°07′32″ N, 123°25′33″ W; Point 2: ACTION: Final rule; Interpretation. remain in effect. 48°07′29″ N, 123°24′36″ W; Point 3: Considerable uncertainty has arisen 48°07′24″ N, 123°25′32″ W, Point 4: SUMMARY: The Department of regarding the impact of the 2000 48°07′26″ N, 123°24′35″ W. [Datum: Agriculture is adopting this planning rule and the transition NAD 1983]. interpretative rule to clarify the intent of provisions. Some courts have properly (b) Definitions. (1) For the purposes of the transition section of the planning determined the 1982 planning rule is no this section, Coast Guard Patrol regulations regarding the consideration longer in effect. Others, however, have Commander means a commissioned, and use of the best available science to enforced its provisions. See, e.g., Forest warrant, or petty officer of the Coast inform project decision making that Watch v. United States Forest Service, Guard who has been designated by the implements a land management plan 322 F.Supp. 2d 522 (D. Vt. 2004) Commander, Coast Guard Group Port and, as appropriate, plan amendments. (‘‘Applicable regulations require the Angeles. The Coast Guard Patrol DATES: This interpretative rule is Forest Service to ‘‘consider the best Commander is empowered to control effective September 29, 2004. available science’’ when implementing the movement of vessels in the ADDRESSES: Written inquiries about this the forest plan,’’ citing 36 CFR regulated area. interpretative rule may be sent to the 219.35(a)); Clinch Coalition v. Damon, (2) For the purposes of this section, Director, Ecosystem Management 316 F.Supp. 2d 364, 381 (W.D.Va. 2004) Patrol Vessel means any Coast Guard Coordination Staff, USDA Forest (suggesting that the 1982 planning rule vessel, Coast Guard Auxiliary vessel, or Service, 1400 Independence Ave., SW., could not be applied to a 2001 decision,

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yet considering the decision under both paragraph (b), the provisions of the 1982 the Act. This rule will not impose 1982 planning rule and 2000 planning planning rule may continue to be used record keeping requirements; will not rule); Chattooga Conservancy v. USFS only for plan amendments and revisions affect small entities’ competitive and Georgia Transmission Corporation, upon election of the responsible official. position in relation to large entities; and 2:03–CV–0101 (March 3, 2004) (1982 Appropriate plan amendments and will not affect small entities’ cash flow, planning rule provision ‘‘eliminated projects proposed during the transition liquidity, or ability to remain in the when the National Forest System Land period should be developed considering market. and Resource Management Planning the best available science in accordance Environmental Impact rule was amended in November of with § 219.35 paragraph (a). 2000.’’); Shawnee Trail Conservancy v. This rulemaking has no direct, Conclusion Nicholas, Case No. 02–cv–4065–JPG indirect, or cumulative effect on the (S.D. Ill.) (June 30, 2004) (‘‘On Misunderstandings have arisen environment, but merely clarifies the November 9, 2000, the Department of concerning the law to be applied to site- intent of the Department concerning the Agriculture made wholesale changes to specific projects and plan amendments consideration of the best available the relevant regulations, making prior decided during the transition period. To science to inform decision making that citations obsolete.’’). This uncertainty clarify the intent of § 219.35, the implements land management plans. has affected the ability of the Forest Department is adopting this Section 31.1b of Forest Service Service to utilize fully the provisions of interpretative rule. Handbook 1909.15 (57 FR 43168; § 219.35 paragraph (a) to consider the This rulemaking consists of an September 18, 1992) excludes from best science available in plan interpretative rule and is issued by the documentation in an environmental amendments and project decision Department to advise the public of the assessment or impact statement ‘‘rules, making. For example, while population Department’s preexisting construction regulations, or policies to establish data have been held to be required for of one of the rules it administers—that Service-wide administrative procedures, management indicator species under the is, 36 CFR 219.35, in the context of program processes, or instruction.’’ 1982 rules, other tools often can be National Forest System land and Based on the nature and scope of this useful and more appropriate in resource management planning. See, rulemaking, the Department has predicting the effects of projects that e.g., Shalala, Secretary of Health and determined that the interpretative rule implement a land management plan, Human Services v. Guernsey Memorial falls within this category of actions and such as examining the effect of Hosp., 514 U.S. 87, 99 (1995). Therefore, that no extraordinary circumstances proposed activities on the habitat of under 5 U.S.C. 553(b)(A), this exist which would require preparation specific species; using information rulemaking is exempt from the notice of an environmental assessment or an identified, obtained, or developed and comment requirements of the environmental impact statement. Administrative Procedure Act, and, through a variety of methods, such as No Takings Implications assessments, analysis, and monitoring pursuant to 5 U.S.C. 553(d)(2), this rule results; or using information obtained is effective immediately upon This rulemaking has been analyzed in from other sources such as State fish publication in the Federal Register. accordance with the principles and criteria contained in Executive Order and wildlife agencies and organizations Regulatory Certifications such as The Nature Conservancy. The 12360, and it has been determined that purpose of this interpretative rule is to Regulatory Impact the rule will not pose the risk of a taking of private property, as the interpretative clarify that, both for projects It has been determined that this is not rule is limited clarification of the intent implementing plans and plan an economically significant rule. This of the transition procedures in the amendments, paragraph (a)’s mandate to interpretative rule will not have an November 9, 2000, planning rule. use the best available science applies. annual effect of $100 million or more on The transition provisions as originally the economy nor adversely affect Energy Effects enacted, and now twice amended, productivity, competition, jobs, the This rule has been analyzed under explicitly refer to the 1982 planning rule environment, public health or safety, Executive Order 13211, Actions as the rule ‘‘in effect prior to November nor State or local governments. This Concerning Regulations That 9, 2000.’’ At the same time, given the rulemaking will not interfere with an Significantly Affect Energy Supply, extension of the effective date of action taken or planned by another Distribution, or Use. It has been paragraph (d), within which site- agency. Finally, this action will not alter determined that this rule does not specific decisions must comply with the the budgetary impact of entitlements, constitute a significant energy action as 2000 planning rule (68 FR 53294), it is grants, user fees, or loan programs or the defined in the Executive order. clear that site-specific decisions entered rights and obligations of recipients of into during the transition period are not such programs. Accordingly, this Civil Justice Reform to comply with the substantive rulemaking is not subject to Office of This rule has been reviewed under provisions of the 2000 planning rule. Management and Budget (OMB) review Executive Order 12988, Civil Justice This interpretative rule clarifies that under Executive Order 12866. Reform. The rule (1) does not preempt until a new final rule is promulgated, Moreover, this rulemaking has been State and local laws and regulations that the transition provisions of the 2000 considered in light of Executive Order conflict with or impede its full planning rule, as amended by the May 13272 regarding proper consideration of implementation; (2) has no retroactive 2002 interim final rule remain in effect, small entities and the Small Business effect; and (3) will not require the use including the requirement of § 219.35 Regulatory Enforcement Fairness Act of of administrative proceedings before paragraph (a) of the transition 1996 (SBREFA), which amended the parties could file suit in court provisions that responsible officials Regulatory Flexibility Act (5 U.S.C. 601 challenging its provisions. consider the best available science in et seq.). It is therefore certified that this implementing national forest land rule will not have a significant Unfunded Mandates management plans and, as appropriate, economic impact on a substantial Pursuant to Title II of the Unfunded plan amendments. Pursuant to number of small entities as defined by Mandates Reform Act of 1995 (2 U.S.C.

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1531–1538), which the President signed Therefore, for the reasons set forth in POSTAL SERVICE into law on March 22, 1995, the the preamble, part 219 of title 36 of the Department has assessed the effects of Code of Federal Regulations is amended 39 CFR Parts 3, 4, and 6 this rule on State, local, and Tribal as follows: governments and the private sector. Bylaws of the Board of Governors PART 219—PLANNING This rule will not compel the AGENCY: Postal Service. expenditure of $100 million or more by any State, local, or Tribal government, Subpart A—National Forest System ACTION: Final rule. or anyone in the private sector. Land and Resource Management Planning SUMMARY: On September 14, 2004, the Therefore, a statement under section Board of Governors of the United States 202 of the Act is not required. I 1. The authority citation for subpart A Postal Service adopted a number of Federalism continues to read as follows: amendments to its Bylaws. These amendments changed the quorum of The Department has considered this Authority: 5 U.S.C. 301; and Secs. 6 and rule under the requirements of Governors required to vote on a 15, 90 Stat. 2949, 2952, 2958 (16 U.S.C. 1604, recommended decision of the Postal Executive Order 13132, Federalism. The 1613). Department has determined that the rule Rate Commission, reserved the election conforms with the federalism principles I 2. Add an appendix at the end of of the Board’s Vice Chairman to the set out in this Executive order; will not § 219.35 to read as follows: Governors, and altered the rules for scheduling meetings. Consequently, the impose any significant compliance costs * * * * * on the States; and will not have Postal Service hereby publishes this substantial direct effects on the States, Appendix B to § 219.35 final rule. on the relationship between the national Interpretative Rule Related to Paragraphs EFFECTIVE DATE: September 29, 2004. government and the States, or on the 219.35(a) and (b) FOR FURTHER INFORMATION CONTACT: distribution of power and The Department is clarifying the intent of William T. Johnstone, Secretary of the responsibilities among the various the transition provisions of paragraphs (a) Board, U.S. Postal Service, 475 L’Enfant levels of government. and (b) of this section with regard to the Plaza, SW., Washington, DC 20260– Consultation and Coordination With consideration and use of the best available 1000; (202) 268–4800. Indian Tribal Governments science to inform project decisionmaking that SUPPLEMENTARY INFORMATION: This implements a land management plan as This rule does not have tribal document publishes amendments to follows: implications as defined by Executive parts 3, 4, and 6 of 39 CFR, amending 1. Under the transition provisions of the Bylaws of the Board of Governors of Order 13175, Consultation and paragraph (a), the responsible official must Coordination with Indian Tribal the United States Postal Service. The consider the best available science in Board amended parts 3 and 4 to reserve Governments. Therefore, advance implementing and, if appropriate, in consultation with Tribes is not required. the election of the Board’s Vice amending existing plans. Paragraph (b) Chairman to a vote of the Governors, Controlling Paperwork Burdens on the allows the responsible official to elect to rather than a vote of the entire Board. Public prepare plan amendments and revisions In part 6, the Board changed the using the provisions of the 1982 planning This rule does not contain any procedure for establishing an annual regulation until a new final planning rule is recordkeeping or reporting requirements schedule of meetings to conform to adopted. A proposed rule to revise the current practice. The Board also or other information collection November 9, 2000, planning regulations was requirement as defined in 5 CFR part amended part 6 to change from 5 to 4 published in the Federal Register on the number of Governors required for a 1320. Accordingly, the review December 6, 2002 (67 FR 72770). A new final provisions of the Paperwork Reduction quorum to vote on a recommended rule has not been promulgated. decision of the Postal Rate Commission. Act of 1995 (44 U.S.C. 3501, et seq.) and 2. Until a new final rule is promulgated, implementing regulations at 5 CFR part the transition provisions of § 219.35 remain List of Subjects in 39 CFR Parts 3, 4, 6 1320, Controlling Paperwork Burden on in effect. The 1982 rule is not in effect. Administrative practice and the Public, do not apply. During the transition period, responsible procedure, Organization and functions officials may use the provisions of the 1982 Government Paperwork Elimination Act (Government agencies), Postal Service. Compliance rule to prepare plan amendments and revisions. Projects implementing land I Accordingly, parts 3, 4, and 6 of 39 The Department is committed to management plans must comply with the CFR are amended as follows: compliance with the Government transition provisions of § 219.35, but not any Paperwork Elimination Act (44 U.S.C. other provisions of the 2000 planning rule. PART 3—[AMENDED] 3504), which requires Government Projects implementing land management I 1. The authority citation for part 3 agencies to provide the public the plans and plan amendments, as appropriate, continues to read as follows: option of submitting information or must be developed considering the best transacting business electronically to available science in accordance with Authority: 39 U.S.C. 202, 203, 205, 401(2), the maximum extent possible. § 219.35(a). Projects implementing land (10), 402, 414, 416, 1003, 2802–2804, 3013; management plans must be consistent with 5 U.S.C. 552b(g), (j); Inspector General Act, List of Subjects in 36 CFR Part 219 the provisions of the governing plan. 5 U.S.C. app.; Pub. L. 107–67, 115 Stat. 514 Administrative practice and (2001). Dated: September 24, 2004. procedure, Environmental impact § 3.3 [Amended] statements, Forest and forest products, David P. Tenny, Indians, Intergovernmental relations, Deputy Under Secretary, Natural Resources I 2. Amend § 3.3 by removing and National Forests, Natural resources, and Environment. reserving paragraph (a). Reporting and recordkeeping [FR Doc. 04–21844 Filed 9–28–04; 8:45 am] I 2.a. Amend § 3.4 by revising paragraph requirements, Science and technology. BILLING CODE 3410–11–P (c) to read as follows:

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§ 3.4 Matters reserved for decision by the shallot, fresh leaves; tomato; tomato, I. General Information Governors. paste; tomato, puree; vegetable, A. Does this Action Apply to Me? * * * * * cucurbit, group 09; vegetable, tuberous (c) Election of the Chairman and Vice and corm, subgroup 01C and establishes You may be potentially affected by Chairman of the Board of Governors, 39 tolerances for combined residues of this action if you are an agricultural U.S.C. 202(a). fenamidone (4H-imidazol-4-one, 3,5- producer, food manufacturer, or * * * * * dihydro-5-methyl-2-(methylthio)-5- pesticide manufacturer. Potentially affected entities may include, but are phenyl-3-(phenylamino), (S)-) and its PART 4—[AMENDED] not limited to: metabolite RPA 717879 (2,4- • Crop production (NAICS 111), e.g., I 3. The authority citation for part 4 imidazolidinedione, 5-methyl-5-phenyl) agricultural workers; greenhouse, continues to read as follows: in or on fat (beef, goat, and sheep); meat nursery, and floriculture workers; (beef, goat, and sheep); meat byproducts farmers. Authority: 39 U.S.C. 202–205, 401(2), (10), (beef, goat, and sheep); milk; wheat, • 402, 1003, 3013. Animal production (NAICS 112), grain; wheat forage; wheat, hay; and e.g., cattle ranchers and farmers, dairy § 4.2 [Amended] wheat, straw. Wheat tolerances are cattle farmers, livestock farmers. • I 4. Amend § 4.2 by removing the words being established for inadvertent Food manufacturing (NAICS 311), ‘‘The Vice Chairman is elected by the residues in/on a rotated crop. Bayer e.g., agricultural workers; farmers; Board’’ and adding the words ‘‘The Vice CropScience requested this tolerance greenhouse, nursery, and floriculture under the Federal Food, Drug, and workers; ranchers; pesticide applicators. Chairman is elected by the Governors’’ in • their place. Cosmetic Act (FFDCA), as amended by Pesticide manufacturing (NAICS the Food Quality Protection Act of 1996 32532), e.g., agricultural workers; PART 6—[AMENDED] (FQPA). commercial applicators; farmers; greenhouse, nursery, and floriculture I 5. The authority citation for part 6 DATES: This regulation is effective workers; residential users. continues to read as follows: September 29, 2004. Objections and This listing is not intended to be requests for hearings must be received Authority: 39 U.S.C. 202, 205, 401(2), (10), exhaustive, but rather provides a guide 1003, 3013; 5 U.S.C. 552b(e), (g). on or before November 29, 2004. for readers regarding entities likely to be affected by this action. Other types of ADDRESSES: To submit a written § 6.1 [Amended] entities not listed in this unit could also objection or hearing request follow the be affected. The North American I 6 Amend § 6.1 by revising the first detailed instructions as provided in sentence to read as follows: Industrial Classification System Unit VI. of the SUPPLEMENTARY (NAICS) codes have been provided to § 6.1 Regular meetings, annual meeting. INFORMATION. EPA has established a assist you and others in determining The Board shall meet regularly on a docket for this action under Docket whether this action might apply to schedule established annually by the identification (ID) number OPP–2004– certain entities. If you have any Board. * * * 0255. All documents in the docket are questions regarding the applicability of listed in the EDOCKET index at http:/ this action to a particular entity, consult § 6.6 [Amended] /www.epa.gov/edocket/. Although listed the person listed under FOR FURTHER I 7. Amend § 6.6(f) by removing the in the index, some information is not INFORMATION CONTACT. publicly available, i.e., CBI or other numeral ‘‘5’’ and adding the numeral ‘‘4’’ B. How Can I Access Electronic Copies information whose disclosure is in its place. of this Document and Other Related restricted by statute. Certain other Information? Stanley F. Mires, material, such as copyrighted material, Chief Counsel, Legislative. is not placed on the Internet and will be In addition to using EDOCKET (http:/ [FR Doc. 04–21557 Filed 9–28–04; 8:45 am] publicly available only in hard copy /www.epa.gov/edocket/), you may BILLING CODE 7710–12–P form. Publicly available docket access this Federal Register document materials are available either electronically through the EPA Internet electronically in EDOCKET or in hard under the ‘‘Federal Register’’ listings at ENVIRONMENTAL PROTECTION copy at the Public Information and http://www.epa.gov/fedrgstr/. A frequently updated electronic version of AGENCY Records Integrity Branch (PIRIB), Rm. 40 CFR part 180 is available on E-CFR 119, Crystal Mall #2, 1801 S. Bell St., 40 CFR Part 180 Beta Site Two at http:// Arlington, VA. This docket facility is www.gpoaccess.gov/ecfr/. To access the [OPP–2004–0255; FRL–7681–3] open from 8:30 a.m. to 4 p.m., Monday OPPTS Harmonized Guidelines through Friday, excluding legal Fenamidone; Pesticide Tolerance referenced in this document, go directly holidays. The docket telephone number to the guidelines athttp://www.epa.gpo/ AGENCY: Environmental Protection is (703) 305–5805. opptsfrs/home/guidelin.htm/. Agency (EPA). FOR FURTHER INFORMATION CONTACT: II. Background and Statutory Findings ACTION: Final rule. Dennis McNeilly, Registration Division In the Federal Register of January 28, (7505C), Office of Pesticide Programs, SUMMARY: This regulation establishes 2004 (69 FR 4138–4143) (FRL–7337–3), Environmental Protection Agency, 1200 tolerances for residues of fenamidone EPA issued a notice pursuant to section (4H-imidazol-4-one, 3,5-dihydro-5- Pennsylvania Ave., NW.,Washington, 408(d)(3) of FFDCA, 21 U.S.C. methyl-2-(methylthio)-5-phenyl-3- DC 20460–0001; telephone number: 346a(d)(3), announcing the filing of a (phenylamino), (S)-) in or on garlic, (703) 305–6742; e-mail address: pesticide petition (PP 1F6300) by Bayer bulb; garlic, great headed; grape [email protected]. CropScience, 2 T.W. Alexander Dr., (imported); leek; onion, dry bulb; onion, SUPPLEMENTARY INFORMATION: Research Triangle Park, NC 27709. This green; onion, welsh; shallot, bulb; amended the petition previously

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announced in the Federal Register of pesticide chemical residue, including completeness, and reliability as well as January 4, 2002 (67 FR 592–597) (FRL– all anticipated dietary exposures and all the relationship of the results of the 6812–2) by including raw agricultural other exposures for which there is studies to human risk. EPA has also commodity subgroup 01C. The petition reliable information.’’ This includes considered available information requested that 40 CFR 180.579 be exposure through drinking water and in concerning the variability of the amended by establishing tolerances for residential settings, but does not include sensitivities of major identifiable combined residues of the fungicide occupational exposure. Section subgroups of consumers, including fenamidone, and its metabolites in or on 408(b)(2)(C) of FFDCA requires EPA to infants and children. The nature of the the raw agricultural commodities: give special consideration to exposure toxic effects caused by fenamidone are Potato, 0.05 parts per million (ppm), of infants and children to the pesticide discussed in the Federal Register of tomato, 1.0 ppm; tomato paste, 3.5 ppm, chemical residue in establishing a September 27, 2002 (67 FR 7196–7198). tomato puree, 3.5 ppm, bulb vegetable tolerance and to ‘‘ensure that there is a There have been no changes in the crop group, 1.5 ppm; cucurbit crop reasonable certainty that no harm will toxicological profile since that Federal group, 0.1 ppm; head lettuce, 15.0 ppm; result to infants and children from Register notice and therefore, the leaf lettuce, 20.0 ppm; wheat grain, 0.05 aggregate exposure to the pesticide Agency will not repeat the entire table ppm, wheat straw, 0.5 ppm; wheat chemical residue....’’ in this final rule but refers to the forage, 0.5 ppm, and wheat hay, 0.5 EPA performs a number of analyses to original document. determine the risks from aggregate ppm. Tolerances were also proposed for B. Toxicological Endpoints fenamidone and its metabolite RPA exposure to pesticide residues. For 410193 on imported wine grapes at 0.5 further discussion of the regulatory The dose at which no adverse effects ppm. Agency review of the residue data requirements of section 408 of FFDCA are observed (the NOAEL) from the indicates that the following tolerance and a complete description of the risk toxicology study identified as levels are appropriate: Fenamidone, 4H- assessment process, see the final rule on appropriate for use in risk assessment is imidazol-4-one, 3,5-dihydro-5-methyl-2- Bifenthrin Pesticide Tolerances (62 FR used to estimate the toxicological level (methylthio)-5-phenyl-3-(phenylamino), 62961, November 26, 1997) (FRL–5754– of concern (LOC). However, the lowest (S)-, in or on garlic, bulb at 0.20 ppm; 7). dose at which adverse effects of concern are identified (the LOAEL) is sometimes garlic, great headed at 0.20 ppm; grape III. Aggregate Risk Assessment and (imported) at 1.0 ppm, leek at 1.5 ppm, used for risk assessment if no NOAEL Determination of Safety was achieved in the toxicology study onion, dry bulb at 0.20 ppm; onion, Consistent with section 408(b)(2)(D) selected. An uncertainty factor (UF) is green at 1.5 ppm; onion, welsh at 1.5 of FFDCA, EPA has reviewed the applied to reflect uncertainties inherent ppm; shallot, bulb at 0.20 ppm; shallot, available scientific data and other in the extrapolation from laboratory fresh leaves at 1.5 ppm; tomato at 1.0 relevant information in support of this animal data to humans and in the ppm; tomato, paste at 2.2 ppm; tomato, action. EPA has sufficient data to assess variations in sensitivity among members puree at 2.0 ppm; vegetable, cucurbit, the hazards of and to make a of the human population as well as group 09 at 0.15 ppm and vegetable, determination on aggregate exposure, other unknowns. A UF of 100 is tuberous and corm, subgroup 01C at consistent with section 408(b)(2) of routinely used, 10X to account for 0.02 ppm and also for the combined FFDCA, for a tolerance for residues of interspecies differences and 10X for residues of fenamidone (4H-imidazol-4- fenamidone, in or on garlic, bulb at 0.20 intraspecies differences. one, 3,5-dihydro-5-methyl-2-methyl-2- ppm; garlic, great headed at 0.20 ppm; Three other types of safety or (methylthio)-5-phenyl-3-(phenylamino)) grape (imported) at 1.0 ppm, leek at 1.5 uncertainty factors may be used: and its metabolite RPA 717879 (2,4- ppm, onion, dry bulb at 0.20 ppm; ‘‘Traditional uncertainty factors;’’ the imidazolidinedione, 5-methyl-5-phenyl) onion, green at 1.5 ppm; onion, welsh ‘‘special FQPA safety factor;’’ and the in or on fat (beef, goat, and sheep) at at 1.5 ppm; shallot, bulb at 0.20 ppm; ‘‘default FQPA safety factor.’’ By the 0.10 ppm; meat (beef, goat, and sheep) shallot, fresh leaves at 1.5 ppm; tomato term ‘‘traditional uncertainty factor,’’ at 0,10 ppm, meat byproducts (beef, at 1.0 ppm; tomato, paste at 2.2 ppm; EPA is referring to those additional goat, and sheep) at 0.10 ppm; milk at tomato, puree at 2.0 ppm; vegetable, uncertainty factors used prior to FQPA 0.02 ppm; wheat forage at 0.15 ppm; cucurbit, group 09 at 0.15 ppm and passage to account for database wheat, grain at 0.10 ppm; wheat, hay at vegetable, tuberous and corm, subgroup deficiencies. These traditional 0.50 ppm; wheat, straw at 0.35 ppm. 01C at 0.02 ppm and also for the uncertainty factors have been The Agency is establishing tolerances combined residues of fenamidone (4H- incorporated by the FQPA into the for animal tolerances based on review of imidazol-4-one, 3,5-dihydro-5-methyl-2- additional safety factor for the the residue data and evaluation of food (methylthio)-5-phenyl-3-(phenylamino), protection of infants and children. The animal diets, which could include (S)-) and its metabolite RPA 717879 term ‘‘special FQPA safety factor’’ refers wheat forage and hay. That notice (2,4-imidazolidinedione, 5-methyl-5- to those safety factors that are deemed included a summary of the petition phenyl) in or on fat (beef, goat, and necessary for the protection of infants prepared by Bayer CropScience, the sheep) at 0.10 ppm; meat (beef, goat, and children primarily as a result of the registrant. There were no comments and sheep) at 0,10 ppm, meat FQPA. The ‘‘default FQPA safety factor’’ received in response to the notice of byproducts (beef, goat, and sheep) at is the additional 10X safety factor that filing. 0.10 ppm; milk at 0.02 ppm; wheat is mandated by the statute unless it is Section 408(b)(2)(A)(I) of FFDCA forage at 0.15 ppm; wheat, grain at 0.10 decided that there are reliable data to allows EPA to establish a tolerance (the ppm; wheat, hay at 0.50 ppm; wheat, choose a different additional factor legal limit for a pesticide chemical straw at 0.35 ppm. EPA’s assessment of (potentially a traditional uncertainty residue in or on a food) only if EPA exposures and risks associated with factor or a special FQPA safety factor). determines that the tolerance is ‘‘safe.’’ establishing the tolerance follows. For dietary risk assessment (other Section 408(b)(2)(A)(ii) of FFDCA than cancer) the Agency uses the UF to defines ‘‘safe’’ to mean that ‘‘there is a A. Toxicological Profile calculate an acute or chronic reference reasonable certainty that no harm will EPA has evaluated the available dose (acute RfD or chronic RfD) where result from aggregate exposure to the toxicity data and considered its validity, the RfD is equal to the NOAEL divided

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by an UF of 100 to account for LOC is 100. To estimate risk, a ratio of Under certain specific circumstances, interspecies and intraspecies differences the NOAEL to exposures (margin of MOE calculations will be used for the and any traditional uncertainty factors exposure (MOE) = NOAEL/exposure) is carcinogenic risk assessment. In this deemed appropriate (RfD = NOAEL/UF). calculated and compared to the LOC. non-linear approach, a ‘‘point of Where a special FQPA safety factor or The linear default risk methodology departure’’ is identified below which the default FQPA safety factor is used, (Q*) is the primary method currently carcinogenic effects are not expected. this additional factor is applied to the used by the Agency to quantify The point of departure is typically a RfD by dividing the RfD by such carcinogenic risk. The Q* approach NOAEL based on an endpoint related to additional factor. The acute or chronic assumes that any amount of exposure cancer effects though it may be a Population Adjusted Dose (aPAD or will lead to some degree of cancer risk. different value derived from the dose cPAD) is a modification of the RfD to A Q* is calculated and used to estimate response curve. To estimate risk, a ratio accommodate this type of safety factor. risk which represents a probability of of the point of departure to exposure For non-dietary risk assessments occurrence of additional cancer cases (MOEcancer = point of departure/ (other than cancer) the UF is used to (e.g., risk). An example of how such a exposures) is calculated. determine the LOC. For example, when probability risk is expressed would be to A summary of the toxicological 100 is the appropriate UF (10X to describe the risk as one in one hundred endpoints for fenamidone used for account for interspecies differences and thousand (1 X 10-5), one in a million (1 human risk assessment is shown in 10X for intraspecies differences) the X 10-6), or one in ten million (1 X 10-7). Table 1 of this unit:

TABLE 1.—SUMMARY OF TOXICOLOGICAL DOSE AND ENDPOINTS FOR FENAMIDONE FOR USE IN HUMAN RISK ASSESSMENT

Dose Used in Risk Assess- Special FQPA SF and Exposure Scenario ment, Interspecies and Intraspecies and any Tradi- Level of Concern for Risk Study and Toxicological Effects tional UF Assessment

Acute Dietary NOAEL = 125 milligram/kilo- Special FQPA SF = 1X Acute Neurotoxicity Study in Rats (General population including gram/day (mg/kg/day) UF aPAD = acute RfD LOAEL = 500 mg/kg/day based on urination, infants and children) = 1,000 Acute RfD = 0.13 (0.13)/Special FQPA SF staining/soiling of the anogenital region, mu- mg/kg/day 1X = 0.13 mg/kg/day cous in the feces, and unsteady gait in the females.

Chronic Dietary NOAEL= 2.83 male/femal (M/ Special FQPA SF = 1X 2-Year Chronic Toxicity/Carcinogenicity Study (All populations) F) mg/kg/day UF = 1,000 cPAD = chronic RfD in Rats Chronic RfD = 0.003 mg/ (0.003)/Special FQPA LOAEL = 7.07/9.24 mg/kg/day based on in- kg/day SF 1X = 0.003 mg/kg/ crease in severity of diffuse thyroid C-cell day hyperplasia in both sexes.

Short-Term Dermal Dermal (or oral) study LOC for MOE = 1,000 90-Day Feeding Study in Rats (1 to 7 days) NOAEL= 10.4 mg/kg/day (Residential) LOAEL = 68.27 mg/kg/day based on in- (Residential) creased liver weights and incidences of ground glass appearance of the hepatocytes in males.

Intermediate-Term Dermal Dermal (or oral) study LOC for MOE = 1,000 2-Generation Reproduction Study in Rats (1 week to several months) NOAEL = 5.45 mg/kg/day (Residential) LOAEL = 89.2 mg/kg/day based on decreased (Residential) absolute brain weight in female F1 adults and females F2 offspring.

Long-Term Dermal Dermal (or oral) study LOC for MOE = 1,000 2-Year Chronic Toxicity/Carcinogenicity Study (Several months to lifetime) NOAEL= 2.83 mg/kg/day (Residential) in Rats (Residential) LOAEL = 7.07/9.24 mg/kg/day M/F based on increase in severity of diffuse thyroid C-cell hyperplasia in both sexes.

Short-Term Inhalation Inhalation (or oral) study LOC for MOE = 1,000 90-Day Feeding Study in Rats (1 to 7 days) NOAEL= 10.4 mg/kg/day (Residential) LOAEL = 68.27 mg/kg/day based on in- (Residential) (inhalation absorption rate creased liver weights and incidences of = 100%) ground glass appearance of the hepatocytes in males.

Intermediate-Term Inhalation Inhalation (or oral) study LOC for MOE = 1,000 2-Generation Reproduction Study in Rats (1 week to several months) NOAEL = 5.45 mg/kg/day (Residential) LOAEL = 89.2 mg/kg/day based on decreased (Residential) (inhalation absorption rate absolute brain weight in female F1 adults = 100%) and female F2 offspring.

Long-Term Inhalation Inhalation (or oral) study LOC for MOE = 1,000 2-Year Chronic Toxicity/Carcinogenicity Study (Several months to lifetime) NOAEL= 2.83 mg/kg/day (Residential) in Rats (Residential) (inhalation absorption rate LOAEL = 7.07/9.24 mg/kg/day M/F based on = 100%) increase in severity of diffuse thyroid C-cell hyperplasia in both sexes.

Cancer Classification: ‘‘Not likely’’ (Oral, dermal, inhalation)

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C. Exposure Assessment iii. Cancer. Fenamidone is classified TABLE 2.—PERCENT CROP TREATED 1. Dietary exposure from food and as ‘‘not likely to be carcinogenic to ESTIMATES FOR FENAMIDONE—Con- feed uses. Tolerances have been humans’’ by all relevant routes of tinued established (40 CFR 180.579) for exposure based on adequate studies in two animal species. residues of fenamidone, in or on head Commodity Acute % Chronic % and leaf lettuce. Risk assessments were iv. Anticipated residue and percent Crop Treated Crop Treated crop treated (PCT) information. Section conducted by EPA to assess dietary Cucurbits 100% 9% exposures from fenamidone in food as 408(b)(2)(E) of FFDCA authorizes EPA follows: to use available data and information on Bulb crops 100% 19% i. Acute exposure. Acute dietary risk the anticipated residue levels of assessments are performed for a food- pesticide residues in food and the actual For each crop, EPA projected a PCT use pesticide, if a toxicological study levels of pesticide chemicals that have estimate for fenamidone by assuming has indicated the possibility of an effect been measured in food. If EPA relies on that fenamidone would duplicate the of concern occurring as a result of a 1- such information, EPA must require that PCT of the fenamidone alternative that day or single exposure. data be provided 5 years after the had the highest PCT and, like In conducting the acute dietary risk tolerance is established, modified, or fenamidone, is a relatively new assessment EPA used the Dietary left in effect, demonstrating that the pesticide, targets the same pests as Exposure Evaluation Model software levels in food are not above the levels fenamidone, and tends to replace the with the Food Commodity Intake anticipated. Following the initial data same older pesticides (e.g., Database (DEEM-FCIDTM), which submission, EPA is authorized to chlorothalonil and EBDCs). Further, incorporates food consumption data as require similar data on a time frame it fenamidone had to be price competitive reported by respondents in the U.S. deems appropriate. As required by with the alternative on which the Department of Agriculture 1994–1996 section 408(b)(2)(E) of FFDCA, EPA will projection was based. and 1998 Nationwide Continuing issue a data call-in for information The Agency believes that the three Surveys of Food Intake by Individuals relating to anticipated residues to be conditions listed in Unit III.C.1.iv. have (CSFII), and accumulated exposure to submitted no later than 5 years from the been met. With respect to Condition 1, the chemical for each commodity. The date of issuance of this tolerance. PCT estimates are derived from Federal following assumptions were made for Section 408(b)(2)(F) of FFDCA states and private market survey data on the acute exposure assessments: The that the Agency may use data on the fenamidone alternatives, which are acute analysis assumed 100% crop actual percent of food treated for reliable and have a valid basis. EPA uses treated and field trial residue data assessing chronic dietary risk only if the a weighted average PCT for chronic treated at maximum labeled rate, Agency can make the following dietary exposure estimates. This minimum preharvest interval. findings: weighted average PCT figure is derived Therefore, the acute analysis is Condition 1, that the data used are by averaging State-level data for a considered conservative. The results, reliable and provide a valid basis to period of up to 10 years, and weighting reported in Unit III.E. are for the general show what percentage of the food for the more robust and recent data. A U.S. population, all infants (< 1 year derived from such crop is likely to weighted average of the PCT reasonably old), children 1–2, children 3–5, contain such pesticide residue. represents a person’s dietary exposure children 6–12, youth 13–19, females, Condition 2, that the exposure over a lifetime, and is unlikely to 13–49, adults 20–49, and adults 50+ estimate does not underestimate underestimate exposure to an individual years. The acute dietary exposure exposure for any significant because of the fact that pesticide use estimates were ≤ 24% aPAD (95th subpopulation group. patterns (both regionally and nationally) percentile; children 1–2 years old were Condition 3, if data are available on tend to change continuously over time, the most highly exposed population). pesticide use and food consumption in such that an individual is unlikely to be ii. Chronic exposure. In conducting a particular area, the exposure estimate exposed to more than the average PCT the chronic dietary risk assessment EPA does not understate exposure for the over a lifetime. The Agency is used the Dietary Exposure Evaluation population in such area. reasonably certain that the percentage of Model software with DEEM-FCIDTM, In addition, the Agency must provide the food treated is not likely to be an which incorporates food consumption for periodic evaluation of any estimates underestimation. As to Conditions 2 and data as reported by respondents in the used. To provide for the periodic 3, regional consumption information USDA 1994–1996 and 1998 CSFII, and evaluation of the estimate of PCT as and consumption information for accumulated exposure to the chemical required by section 408(b)(2)(F) of significant subpopulations is taken into for each commodity. The following FFDCA, EPA may require registrants to account through EPA’s computer-based assumptions were made for the chronic submit data on PCT. model for evaluating the exposure of exposure assessments: The chronic The Agency used PCT information in significant subpopulations including analysis was refined through the use of Table 2 of this unit as follows: several regional groups. Use of this projected percent crop treated (PCT) consumption information in EPA’s risk estimates and average field trial TABLE 2.—PERCENT CROP TREATED assessment process ensures that EPA’s residues. Since the chronic analysis ESTIMATES FOR FENAMIDONE exposure estimate does not understate assumed that all meat/milk exposure for any significant commodities will contain fenamidone subpopulation group and allows the Commodity Acute % Chronic % residues (i.e., no adjustment for feed Crop Treated Crop Treated Agency to be reasonably certain that no PCT) and since the analysis made use of regional population is exposed to field trial residues (treated at maximum Tomato 100% 31% residue levels higher than those labeled rate, minimum preharvest Potato 100% 20% estimated by the Agency. Other than the interval), the Agency concludes that the data available through national food chronic exposure estimates are Lettuce 100% 24% consumption surveys, EPA does not conservative. have available information on the

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regional consumption of food to which water in light of total aggregate exposure completeness of the database on toxicity fenamidone may be applied in a to a pesticide in food, and from and exposure unless EPA determines particular area. residential uses. Since DWLOCs address based on reliable data that a different 2. Dietary exposure from drinking total aggregate exposure to fenamidone margin of safety will be safe for infants water. The Agency lacks sufficient they are further discussed in the and children. Margins of safety are monitoring exposure data to complete a aggregate risk sections in Unit III.E.2. incorporated into EPA risk assessments comprehensive dietary exposure Based on the PRZM/EXAMS and SCI- either directly through use of a MOE analysis and risk assessment for GROW models, the EECs of fenamidone analysis or through using uncertainty fenamidone in drinking water. Because for acute exposures are estimated to be (safety) factors in calculating a dose the Agency does not have 10.47 parts per billion (ppb) for surface level that poses no appreciable risk to comprehensive monitoring data, water and 8.19 ppb for ground water. humans. In applying this provision, drinking water concentration estimates The EECs for chronic exposures are EPA either retains the default value of are made by reliance on simulation or estimated to be 2.58 ppb for surface 10X when reliable data do not support modeling taking into account data on water and 8.19 ppb for ground water. the choice of a different factor, or, if the physical characteristics of 3. From non-dietary exposure. The reliable data are available, EPA uses a fenamidone. term ‘‘residential exposure’’ is used in different additional safety factor value The Agency uses the Generic this document to refer to non- based on the use of traditional Estimated Environmental Concentration occupational, non-dietary exposure uncertainty factors and/or special FQPA (GENEEC) or the Pesticide Root Zone (e.g., for lawn and garden pest control, safety factors, as appropriate. Model/Exposure Analysis Modeling indoor pest control, termiticides, and 2. Prenatal and postnatal sensitivity. System (PRZM/EXAMS) to estimate flea and tick control on pets). The Agency concluded that there is not pesticide concentrations in surface Fenamidone is not registered for use on a concern for pre- and/or postnatal water and Screening Concentration in any sites that would result in residential toxicity resulting from exposure to Ground Water (SCI-GROW), which exposure. fenamidone. No quantitative or predicts pesticide concentrations in 4. Cumulative effects from substances qualitative evidence of increased ground water. In general, EPA will use with a common mechanism of toxicity. susceptibility of rat or rabbit fetuses to GENEEC (a tier 1 model) before using Section 408(b)(2)(D)(v) of FFDCA in utero exposure in the developmental PRZM/EXAMS (a tier 2 model) for a requires that, when considering whether toxicity studies was observed. There screening-level assessment for surface to establish, modify, or revoke a was no developmental toxicity in rabbit water. The GENEEC model is a subset of tolerance, the Agency consider fetuses up to 100 mg/kg/day highest the PRZM/EXAMS model that uses a ‘‘available information’’ concerning the dose tested (HDT), which resulted in an specific high-end runoff scenario for cumulative effects of a particular increased absolute liver weight in the pesticides. GENEEC incorporates a farm pesticide’s residues and ‘‘other does. Since the liver was identified as pond scenario, while PRZM/EXAMS substances that have a common one of the principal target organs in incorporate an index reservoir mechanism of toxicity.’’ rodents and dogs, the occurrence of this environment in place of the previous Unlike other pesticides for which EPA finding in rabbits at 30 and 100 mg/kg/ pond scenario. The PRZM/EXAMS has followed a cumulative risk approach day was considered strong evidence of model includes a percent crop area based on a common mechanism of maternal toxicity. In the rat factor as an adjustment to account for toxicity, EPA has not made a common developmental study, developmental the maximum percent crop coverage mechanism of toxicity finding as to toxicity manifested as decreased fetal within a watershed or drainage basin. fenamidone and any other substances body weight and incomplete fetal None of these models include and fenamidone does not appear to ossification in the presence of maternal consideration of the impact processing produce a toxic metabolite produced by toxicity in the form of decreased body (mixing, dilution, or treatment) of raw other substances. For the purposes of weight and food consumption at the water for distribution as drinking water this tolerance action, therefore, EPA has Limit Dose (1,000 mg/kg/day). The would likely have on the removal of not assumed that fenamidone has a effects at the limit dose were pesticides from the source water. The common mechanism of toxicity with comparable between fetuses and dams. primary use of these models by the other substances. For information No quantitative or qualitative evidence Agency at this stage is to provide a regarding EPA’s efforts to determine of increased susceptibility was observed screen for sorting out pesticides for which chemicals have a common in the 2-generation reproduction study which it is unlikely that drinking water mechanism of toxicity and to evaluate in rats. In that study, both the parental concentrations would exceed human the cumulative effects of such and offspring based on decreased health levels of concern. chemicals, see the policy statements absolute brain weight in female F1 Since the models used are considered released by EPA’s OPP concerning adults and female F2 offspring at 89.2 to be screening tools in the risk common mechanism determinations mg/kg/day. At 438.3 mg/kg/day, assessment process, the Agency does and procedures for cumulating effects parental effects consisted of decreased not use estimated environmental from substances found to have a body weight and food consumption, and concentrations (EECs), which are the common mechanism on EPA’s web site increased liver and spleen weight. model estimates of a pesticide’s at http://www.epa.gov/pesticides/ Decreased pup body weight was also concentration in water. EECs derived cumulative/. observed at the same dose level of 438.3 from these models are used to quantify mg/kg/day. There were no effects on drinking water exposure and risk as a D. Safety Factor for Infants and reproductive performance up to 438.3 %RfD or %PAD. Instead drinking water Children mg/kg/day (HDT). levels of comparison (DWLOCs) are 1.In general. Section 408 of FFDCA 3. Conclusion. Exposure data are calculated and used as a point of provides that EPA shall apply an complete or are estimated based on data comparison against the model estimates additional tenfold margin of safety for that reasonably accounts for potential of a pesticide’s concentration in water. infants and children in the case of exposures. The toxicity database is not DWLOCs are theoretical upper limits on threshold effects to account for prenatal complete because EPA has required that a pesticide’s concentration in drinking and postnatal toxicity and the a developmental neurotoxicity (DNT)

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study be conducted due to evidence Agency determines how much of the exposure for which OPP has reliable from fenamidone studies of clinical acceptable exposure (i.e., the PAD) is data) would not result in unacceptable signs of neurotoxicity and decreased available for exposure through drinking levels of aggregate human health risk at brain weight. EPA has retained the water [e.g., allowable chronic water this time. Because OPP considers the FQPA additional 10X safety factor for exposure (mg/kg/day) = cPAD - (average aggregate risk resulting from multiple the protection of infants and children food + residential exposure). This exposure pathways associated with a because of the absence of the DNT allowable exposure through drinking pesticide’s uses, levels of comparison in study. This FQPA safety factor is in the water is used to calculate a DWLOC. drinking water may vary as those uses form of a database uncertainty factor. A A DWLOC will vary depending on the change. If new uses are added in the 1,000-fold uncertainty factor (10x UFDB toxic endpoint, drinking water future, OPP will reassess the potential for lack of a (DNT) study; 10X for consumption, and body weights. Default impacts of residues of the pesticide in interspecies extrapolation; and 10x for body weights and consumption values drinking water as a part of the aggregate intraspecies variation) were as used by the EPA’s Office of Water are risk assessment process. incorporated into the acute and chronic used to calculate DWLOCs: 2 liter (L)/ 1. Acute risk. Using the exposure RfD . The reference dose (RfD) for acute 70 kg (adult male), 2L/60 kg (adult assumptions discussed in this unit for and chronic risks from fenamidone is female), and 1L/10 kg (child). Default acute exposure, the acute dietary equal to the applicable NOAEL divided body weights and drinking water exposure from food to fenamidone the by the 1000x uncertainty factor. consumption values vary on an highest exposed population subgroup individual basis. This variation will be was children 1-2 years old which E. Aggregate Risks and Determination of taken into account in more refined accounted for 24% of the aPAD. The Safety screening-level and quantitative acute aggregate risk associated with the To estimate total aggregate exposure drinking water exposure assessments. proposed use of fenamidone does not to a pesticide from food, drinking water, Different populations will have different exceed the Agency’s level of concern for and residential uses, the Agency DWLOCs. Generally, a DWLOC is the general U.S. population or any calculates DWLOCs which are used as a calculated for each type of risk population subgroups.. In addition, point of comparison against EECs. assessment used: Acute, short-term, there is potential for acute dietary DWLOC values are not regulatory intermediate-term, chronic, and cancer. exposure to fenamidone in drinking standards for drinking water. DWLOCs When EECs for surface water and water. After calculating DWLOCs and are theoretical upper limits on a ground water are less than the comparing them to the EECs for surface pesticide’s concentration in drinking calculated DWLOCs, OPP concludes and ground water, EPA does not expect water in light of total aggregate exposure with reasonable certainty that exposures the aggregate exposure to exceed 100% to a pesticide in food and residential to the pesticide in drinking water (when of the aPAD, as shown in Table 3 of this uses. In calculating a DWLOC, the considered along with other sources of unit:

TABLE 3.—AGGREGATE RISK ASSESSMENT FOR ACUTE EXPOSURE TO FENAMIDONE

% aPAD (Food Surface Water Ground Water Acute DWLOC Population Subgroup aPAD (mg/kg) DEEM) EEC (ppb) EEC (ppb) (ppb)

General U.S. population 0.13 16% 10.47 8.19 3800

Children 1–2 yearsold 0.13 24% 10.47 8.19 990

Youth 13–19 yearsold 0.13 15% 10.47 8.19 330

Adults 20–49 yearsold 0.13 17% 10.47 8.19 3800

Females 13–49 years old 0.13 17% 10.47 8.19 3200 1. Maximum water exposure (mg/kg/day) = aPAD (mg/kg/day) - food exposure (mg/kg/day). 2. The crop producing the highest level was used. 3. DWLOC calculated as follows: DWLOC = (maximum water exposure (mg/kg/day)) x (body weight (kg)) x (1,000 µg (gram)/mg) ÷ water consumption (L/day)

2. Chronic risk. Using the exposure fenamidone residues (i.e. no adjustment population subgroup was children 1–2 assumptions described in this unit for for feed PCT) and since the analysis years old which occupies 69% of the chronic exposure, EPA has concluded made use of field trial residues (treated cPAD. There are no residential uses for that the chronic dietary exposure at maximum labeled rate, minimum fenamidone that result in chronic analysis was partially refined through preharvest interval, samples frozen residential exposure to fenamidon. EPA the use of projected PCT estimates and upon collection and remained frozen does not expect the aggregate exposure average field trial residues. Since the until analysis), EPA concludes that the to exceed 100% of the cPAD, as shown chronic analysis assumed that all meat/ chronic exposure estimates are in Table 4 of this unit: milk commodities will contain conservative. The highest exposed

TABLE 4.—AGGREGATE RISK ASSESSMENT FOR CHRONIC (NON-CANCER) EXPOSURE TO FENAMIDONE

Surface Water Ground Water Chronic DWLOC Population Subgroup cPAD mg/kg/day %cPAD (Food) EEC (ppb) EEC (ppb) (ppb)

U.S. population 0.003 29% 2.58 8.19 74

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TABLE 4.—AGGREGATE RISK ASSESSMENT FOR CHRONIC (NON-CANCER) EXPOSURE TO FENAMIDONE—Continued

Surface Water Ground Water Chronic DWLOC Population Subgroup cPAD mg/kg/day %cPAD (Food) EEC (ppb) EEC (ppb) (ppb)

Children 1–2 years old 0.003 69% 2.58 8.19 9.2

Youth 13–19 years old 0.003 26% 2.58 8.19 67

Adults 20–49 years old 0.003 26% 2.58 8.19 78

Females 13–49 years old 0.003 26% 2.58 8.19 67

3. Short-term risk. Short-term risk method. The Agency notes that methods ii. The Agency is also requiring assessment was not performed because AR 200-99 (milk) and AR 178-98 (tissue) additional identification/ there are no existing or proposed have been adequately radiovalidated for characterization on the N-phenyl residential uses for fenamidone. the determination of fenamidone, RPA livestock samples to determine the Fenamidone is not registered for use 717879, and RPA 408056. An ILV study metabolic fate of the N-phenyl ring in on any sites that would result in has been submitted for the livestock livestock (data validating the storage residential exposure. Therefore, the enforcement method and it indicates interval are also required). aggregate risk is the sum of the risk from that the method is satisfactory for iii. Submission of storage stability food and water, which do not exceed enforcement purposes. data for confined accumulation in the Agency’s level of concern. Adequate enforcement methodology rotational crop study. 4. Intermediate-term risk. is available to enforce the tolerance V. Conclusion Intermediate-term risk assessment was expression. The method may be not performed because there are no requested from: Chief, Analytical Therefore, the tolerance is established existing or proposed residential uses for Chemistry Branch, Environmental for residues of fenamidone, 4H- fenamidone. Science Center, 701 Mapes Rd., Ft. imidazol-4-one, 3,5-dihydro-5-methyl-2- Intermediate-term aggregate exposure Meade, MD 20755–5350; telephone (methylthio)-5-phenyl-3-(phenylamino), takes into account residential exposure number: (410) 305–2905; e-mail address: (S)-, in or on garlic, bulb at 0.20 ppm; plus chronic exposure to food and water [email protected]. garlic, great headed at 0.20 ppm; grape (considered to be a background (imported) at 1.0 ppm, leek at 1.5 ppm, B. International Residue Limits exposure level). onion, dry bulb at 0.20 ppm; onion, Fenamidone is not registered for use There are currently no established green at 1.5 ppm; onion, welsh at 1.5 on any sites that would result in Codex, Canadian, or Mexican maximum ppm; shallot, bulb at 0.20 ppm; shallot, residential exposure. Therefore, the residue limits (MRLs) for fenamidone fresh leaves at 1.5 ppm; tomato at 1.0 aggregate risk is the sum of the risk from in/on requested crops; therefore, ppm; tomato, paste at 2.2 ppm; tomato, food and water, which do not exceed harmonization is not an issue for this puree at 2.0 ppm; vegetable, cucurbit, the Agency’s level of concern. petition. group 09 at 0.15 ppm and vegetable, tuberous and corm, subgroup 01C at 5. Aggregate cancer risk for U.S. C. Conditions population. A cancer aggregate risk 0.02 ppm and also for the combined assessment was not performed because 1. Toxicity data requirements. A DNT residues of fenamidone (4H-imidazol-4- fenamidone is not considered to be study in rats is required. The Agency one, 3,5-dihydro-5-methyl-2- carcinogenic. concluded that the DNT was required (methylthio)-5-phenyl-3-(phenylamino), 6. Determination of safety. Based on based on the following: (S)-) and its metabolite RPA 717879 these risk assessments, EPA concludes i. Clinical signs of neurotoxicity were (2,4-imidazolidinedione, 5-methyl-5- that there is a reasonable certainty that seen in the mutagenicity studies with phenyl) in or on fat (beef, goat, and no harm will result to the general parent and plant metabolites, sheep) at 0.10 ppm; meat (beef, goat, population, and to infants and children particularly RPA 412636 and RPA and sheep) at 0,10 ppm., meat from aggregate exposure to fenamidone 412708. byproducts (beef, goat, and sheep) at residues. ii. In the acute neurotoxicity study in 0.10 ppm; milk at 0.02 ppm; wheat rats, decreased brain weight in male rats forage at 0.15 ppm; wheat, grain at 0.10 IV. Other Considerations was observed. ppm; wheat, hay at 0.50 ppm; wheat, iii. In the 2-generation reproduction straw at 0.35 ppm. A. Analytical Enforcement Methodology study in rats, decreased absolute brain VI. Objections and Hearing Requests The registrant has proposed a liquid weight was observed in the female F1 chromatograph/mass spectroscopy (LC/ adults and the female F2 offspring. Under section 408(g) of FFDCA, as MS) method for the enforcement of the The Agency reassessed the amended by FQPA, any person may file plant tolerances (the method does not requirement for a DNT study in rats for an objection to any aspect of this distinguish the S- and R-enantiomers). fenamidoene in response to the waiver regulation and may also request a Adequate method validation, request by Bayer CropSciences. hearing on those objections. The EPA radiovalidation, and independent 2. Residue chemistry data procedural regulations which govern the method validation (ILV) of the proposed requirements—i. The Agency is submission of objections and requests enforcement method have been requesting that the petitioner hydrolyze for hearings appear in 40 CFR part 178. submitted. the extractable and non extractable Although the procedures in those The Agency concludes that livestock residues from the N-phenyl studies to regulations require some modification to tolerances are necessary. The petitioner determine if conjugated aniline(s) are reflect the amendments made to FFDCA has proposed a livestock enforcement present (data validating the storage by FQPA, EPA will continue to use method and submitted an ILV for this interval are also required). those procedures, with appropriate

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adjustments, until the necessary copies, identified by docket ID number special considerations under Executive modifications can be made. The new OPP–2004–0255, to: Public Information Order 12898, entitled Federal Actions to section 408(g) of FFDCA provides and Records Integrity Branch, Address Environmental Justice in essentially the same process for persons Information Resources and Services Minority Populations and Low-Income to ‘‘object’’ to a regulation for an Division (7502C), Office of Pesticide Populations (59 FR 7629, February 16, exemption from the requirement of a Programs, Environmental Protection 1994); or OMB review or any Agency tolerance issued by EPA under new Agency, 1200 Pennsylvania Ave., NW., action under Executive Order 13045, section 408(d) of FFDCA, as was Washington, DC 20460–0001. In person entitled Protection of Children from provided in the old sections 408 and or by courier, bring a copy to the Environmental Health Risks and Safety 409 of FFDCA. However, the period for location of the PIRIB described in Risks (62 FR 19885, April 23, 1997). filing objections is now 60 days, rather ADDRESSES. You may also send an This action does not involve any than 30 days. electronic copy of your request via e- technical standards that would require mail to: [email protected]. Please use A. What Do I Need to Do to File an Agency consideration of voluntary an ASCII file format and avoid the use Objection or Request a Hearing? consensus standards pursuant to section of special characters and any form of 12(d) of the National Technology You must file your objection or encryption. Copies of electronic Transfer and Advancement Act of 1995 request a hearing on this regulation in objections and hearing requests will also (NTTAA), Public Law 104–113, section accordance with the instructions be accepted on disks in WordPerfect 12(d) (15 U.S.C. 272 note). Since provided in this unit and in 40 CFR part 6.1/8.0 or ASCII file format. Do not tolerances and exemptions that are 178. To ensure proper receipt by EPA, include any CBI in your electronic copy. established on the basis of a petition you must identify docket ID number You may also submit an electronic copy OPP–2004–0255 in the subject line on under section 408(d) of FFDCA, such as of your request at many Federal the tolerance in this final rule, do not the first page of your submission. All Depository Libraries. requests must be in writing, and must be require the issuance of a proposed rule, mailed or delivered to the Hearing Clerk B. When Will the Agency Grant a the requirements of the Regulatory on or before November 29, 2004. Request for a Hearing? Flexibility Act (RFA) (5 U.S.C. 601 et 1. Filing the request. Your objection A request for a hearing will be granted seq.) do not apply. In addition, the must specify the specific provisions in if the Administrator determines that the Agency has determined that this action the regulation that you object to, and the material submitted shows the following: will not have a substantial direct effect grounds for the objections (40 CFR There is a genuine and substantial issue on States, on the relationship between 178.25). If a hearing is requested, the of fact; there is a reasonable possibility the national government and the States, objections must include a statement of that available evidence identified by the or on the distribution of power and the factual issues(s) on which a hearing requestor would, if established resolve responsibilities among the various is requested, the requestor’s contentions one or more of such issues in favor of levels of government, as specified in on such issues, and a summary of any the requestor, taking into account Executive Order 13132, entitled evidence relied upon by the objector (40 uncontested claims or facts to the Federalism (64 FR 43255, August 10, CFR 178.27). Information submitted in contrary; and resolution of the factual 1999). Executive Order 13132 requires connection with an objection or hearing issues(s) in the manner sought by the EPA to develop an accountable process request may be claimed confidential by requestor would be adequate to justify to ensure ‘‘meaningful and timely input marking any part or all of that the action requested (40 CFR 178.32). by State and local officials in the information as CBI. Information so development of regulatory policies that marked will not be disclosed except in VII. Statutory and Executive Order have federalism implications.’’ ‘‘Policies Reviews accordance with procedures set forth in that have federalism implications’’ is 40 CFR part 2. A copy of the This final rule establishes a tolerance defined in the Executive order to information that does not contain CBI under section 408(d) of FFDCA in include regulations that have must be submitted for inclusion in the response to a petition submitted to the ‘‘substantial direct effects on the States, public record. Information not marked Agency. The Office of Management and on the relationship between the national confidential may be disclosed publicly Budget (OMB) has exempted these types government and the States, or on the by EPA without prior notice. of actions from review under Executive distribution of power and Mail your written request to: Office of Order 12866, entitled Regulatory responsibilities among the various the Hearing Clerk (1900L), Planning and Review (58 FR 51735, levels of government.’’ This final rule Environmental Protection Agency, 1200 October 4, 1993). Because this rule has directly regulates growers, food Pennsylvania Ave., NW., Washington, been exempted from review under processors, food handlers and food DC 20460–0001. You may also deliver Executive Order 12866 due to its lack of retailers, not States. This action does not your request to the Office of the Hearing significance, this rule is not subject to alter the relationships or distribution of Clerk in Suite 350, 1099 14th St., NW., Executive Order 13211, entitled Actions power and responsibilities established Washington, DC 20005. The Office of Concerning Regulations That by Congress in the preemption the Hearing Clerk is open from 8 a.m. Significantly Affect Energy Supply, provisions of section 408(n)(4) of to 4 p.m., Monday through Friday, Distribution, or Use (66 FR 28355, May FFDCA. For these same reasons, the excluding legal holidays. The telephone 22, 2001). This final rule does not Agency has determined that this rule number for the Office of the Hearing contain any information collections does not have any ‘‘tribal implications’’ Clerk is (202) 564–6255. subject to OMB approval under the as described in Executive Order 13175, 2. Copies for the Docket. In addition Paperwork Reduction Act (PRA), 44 entitled Consultation and Coordination to filing an objection or hearing request U.S.C. 3501 et seq., or impose any with Indian Tribal Governments (65 FR with the Hearing Clerk as described in enforceable duty or contain any 67249, November 6, 2000). Executive Unit VI.A., you should also send a copy unfunded mandate as described under Order 13175, requires EPA to develop of your request to the PIRIB for its Title II of the Unfunded Mandates an accountable process to ensure inclusion in the official record that is Reform Act of 1995 (UMRA) (Public ‘‘meaningful and timely input by tribal described in ADDRESSES. Mail your Law 104–4). Nor does it require any officials in the development of

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regulatory policies that have tribal § 180.579 Fenamidone; tolerances for Parts per implications.’’ ‘‘Policies that have tribal residues. Commodity million implications’’ is defined in the (a) * * * Executive order to include regulations (1) Tolerances are established for Wheat, forage ...... 0.15 that have ‘‘substantial direct effects on residues of fenamidone (4H-imidazol-4- Wheat, straw ...... 0.35 one or more Indian tribes, on the one, 3,5-dihydro-5-methyl-2- relationship between the Federal (methylthio)-5-phenyl-3-(phenylamino), [FR Doc. 04–21694 Filed 9–28–04; 8:45 am] Government and the Indian tribes, or on (S)-) from the application of the BILLING CODE 6560–50–S the distribution of power and fumgicide fenamidone in or on the responsibilities between the Federal following raw agricultural commodities: Government and Indian tribes.’’ This ENVIRONMENTAL PROTECTION rule will not have substantial direct Parts per AGENCY Commodity million effects on tribal governments, on the 40 CFR Part 180 relationship between the Federal garlic, bulb ...... 0.20 Government and Indian tribes, or on the garlic, great headed ...... 0.20 [OPP–2004–0300; FRL–7677–6] distribution of power and Grape (imported) ...... 1.0 responsibilities between the Federal Leek ...... 1.5 Citrate Esters; Exemption from the Government and Indian tribes, as ***** Requirement of a Tolerance Onion, dry bulb ...... 0.20 specified in Executive Order 13175. AGENCY: Environmental Protection Thus, Executive Order 13175 does not Onion, green ...... 1.5 Onion, welsh ...... 1.5 Agency (EPA). apply to this rule. Shallot, bulb ...... 0.20 ACTION: Final rule. VIII. Congressional Review Act Shallot, fresh leaves ...... 1.5 Tomato ...... 1.0 SUMMARY: This regulation establishes The Congressional Review Act, 5 Tomato, paste ...... 2.2 exemptions from the requirement of a U.S.C. 801 et seq., as added by the Small Tomato, puree ...... 2.0 tolerance for residues of acetyl tributyl Business Regulatory Enforcement Vegetable, cucurbit, group 09 .. 0.15 citrate (ATBC) also known as citric acid, Fairness Act of 1996, generally provides Vegetable, tuberous and corm, 2-(acetyloxy)-, tributyl ester (CAS Reg. that before a rule may take effect, the subgroup 01C ...... 0.02 No. 77–90–7) and triethyl citrate (TEC) agency promulgating the rule must also known as citric acid, triethyl ester submit a rule report, which includes a (2) Tolerances are established for the (CAS Reg. No. 77–93–0) when used as copy of the rule, to each House of the combined residues of fenamidone (4H- inert ingredients in pesticide products. Congress and to the Comptroller General imidazol-4-one, 3,5-dihydro-5-methyl-2- Morflex submitted a petition to EPA of the United States. EPA will submit a (methylthio)-5-phenyl-3-(phenylamino), under the Federal Food, Drug, and report containing this rule and other (S)-) and its metabolite RPA 717879 Cosmetic Act (FFDCA), as amended by required information to the U.S. Senate, (2,4-imidazolidinedione, 5-methyl-5- the Food Quality Protection Act of 1996 the U.S. House of Representatives, and phenyl), expressed as parent compound, (FQPA), requesting the exemptions from the Comptroller General of the United in or on the following commodities: the requirement of a tolerance. This States prior to publication of this final Parts per regulation eliminates the need to rule in the Federal Register. This final Commodity million establish a maximum permissible level rule is not a ‘‘major rule’’ as defined by for residues of ATBC or TEC. 5 U.S.C. 804(2). beef, fat ...... 0.10 DATES: This regulation is effective beef, meat ...... 0.10 September 29, 2004. Objections and List of Subjects in 40 CFR Part 180 beef, meat byproducts ...... 0.10 requests for hearings must be received goat, fat ...... 0.10 Environmental protection, goat, meat ...... 0.10 on or before November 29, 2004. Administrative practice and procedure, goat, meat byproducts ...... 0.10 ADDRESSES: To submit a written Agricultural commodities, Pesticides milk ...... 0.02 objection or hearing request follow the and pests, Reporting and recordkeeping sheep, fat ...... 0.10 detailed instructions as provided in requirements. sheep, meat ...... 0.10 Unit XI. of the SUPPLEMENTARY sheep, meat byproduct ...... 0.10 INFORMATION. EPA has established a Dated: September 21, 2004. docket for this action under Docket Lois Rossi, * * * * * identification (ID) number OPP–2004– Director, Registration Division, Office of (d) Indirect or inadvertent residues. 0300. All documents in the docket are Pesticide Programs. Tolerances are established for residues listed in the EDOCKET index at http:/ of the fungicide fenamidone (4-H- I Therefore, 40 CFR chapter I is /www.epa.gov/edocket. Although listed imidazol-4-one, 3,5-dihydro-5-methyl-2- amended as follows: in the index, some information is not (methlthio)-5-phenyl-3-(phenylamino, publicly available, i.e., CBI or other PART 180—[AMENDED] (S)-) and its metabolite RPA 717879 information whose disclosure is (2,4-imidazolidinedione, 5-methyl-5- restricted by statute. Certain other I 1. The authority citation for part 180 phenyl) in or on the following material, such as copyrighted material, continues to read as follows: agricultural commodities when present is not placed on the Internet and will be Authority: 21 U.S.C. 321(q), 346a and 371. therein as a result of application of publicly available only in hard copy I 2. Section 180.579 is amended by fenamidone to the crops in paragraph form. Publicly available docket designating the text of paragraph (a) as (a)(1). materials are available either electronically in EDOCKET or in hard paragraph (a)(1) and alphabetically Parts per adding new commodities to the table in Commodity million copy at the Public Information and paragraph (a)(1) and by adding new Records Integrity Branch (PIRIB), Rm. paragraph (a)(2) and text to paragraph (d) Wheat, grain ...... 0.10 119, Crystal Mall #2, 1801 S. Bell St., to read as follows: Wheat, hay ...... 0.50 Arlington, VA. This docket facility is

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open from 8:30 a.m. to 4 p.m., Monday included a summary of the petition chemically active. Generally, EPA has through Friday, excluding legal prepared by the petitioner. exempted inert ingredients from the holidays. The docket telephone number The petition requested that 40 CFR requirement of a tolerance based on the is (703) 305–5805. 180.1001 (c), and (e) be amended by low toxicity of the individual inert FOR FURTHER INFORMATION CONTACT: establishing an exemption from the ingredients. requirement of a tolerance for residues Kathryn Boyle, Registration Division IV. Toxicological Profile (7505C), Office of Pesticide Programs, of acetyl tributyl citrate (ATBC) also Environmental Protection Agency, 1200 known as citric acid, 2-(acetyloxy)-, Consistent with section 408(b)(2)(D) Pennsylvania Ave., NW., Washington, tributyl ester (CAS Reg. No. 77–90–7) of the FFDCA, EPA has reviewed the DC 20460–0001; telephone number: and triethyl citrate (TEC) also known as available scientific data and other (703) 305–6304; e-mail address: citric acid, triethyl ester (CAS Reg. No. relevant information in support of this [email protected]. 77–93–0). There were no comments action and considered its validity, received in response to the notice of completeness and reliability and the SUPPLEMENTARY INFORMATION: filing. relationship of this information to I. General Information Section 408(b)(2)(A)(i) of the FFDCA human risk. EPA has also considered allows EPA to establish an exemption available information concerning the A. Does this Action Apply to Me? from the requirement for a tolerance (the variability of the sensitivities of major You may be potentially affected by legal limit for a pesticide chemical identifiable subgroups of consumers, this action if you are an agricultural residue in or on a food) only if EPA including infants and children. The producer, food manufacturer, or determines that the tolerance is ‘‘safe.’’ nature of the toxic effects caused by pesticide manufacturer. Potentially Section 408(b)(2)(A)(ii) of the FFDCA ATBC also known as citric acid, 2- affected entities may include, but are defines ‘‘safe’’ to mean that ‘‘there is a (acetyloxy)-, tributyl ester (CAS Reg. No. not limited to: reasonable certainty that no harm will 77–90–7) and TEC also known as citric • Crop production (NAICS code 111) result from aggregate exposure to the acid, triethyl ester (CAS Reg. No. 77– • Animal Production (NAICS code pesticide chemical residue, including 93–0) are discussed in this unit. Both 112) all anticipated dietary exposures and all chemicals are derivatives of citric acid. • Food manufacturing (NAICS code other exposures for which there is ATBC is prepared by esterification of 311) reliable information.’’ This includes butyl alcohol with citric acid, followed • Pesticide manufacturing (NAICS exposure through drinking water and in by acetylation. TEC is prepared by code 32532) residential settings, but does not include esterification of ethyl alcohol with citric This listing is not intended to be occupational exposure. Section acid. exhaustive, but rather provides a guide 408(b)(2)(C) of the FFDCA requires EPA The Agency evaluated the toxicity for readers regarding entities likely to be to give special consideration to data base submitted by the petitioner, affected by this action. Other types of exposure of infants and children to the Morflex which included a 2–generation entities not listed in this unit could also pesticide chemical residue in reproductive study, and several articles be affected. The North American establishing a tolerance and to ‘‘ensure from open literature. Other reliable Industrial Classification System that there is a reasonable certainty that sources of information used by the (NAICS) codes have been provided to no harm will result to infants and Agency in performing this assessment assist you and others in determining children from aggregate exposure to the are information from the internet on (1) whether this action might apply to pesticide chemical residue. . . .’’ World Health Organization (WHO) certain entities. If you have any EPA performs a number of analyses to evaluations, (2) British Industrial questions regarding the applicability of determine the risks from aggregate Biological Research Association this action to a particular entity, consult exposure to pesticide residues. First, (BIBRA) abstracts, and (3) the Opinion the person listed under FOR FURTHER EPA determines the toxicity of of the European Commission, Health INFORMATION CONTACT. pesticides. Second, EPA examines and Consumer Protection Directorate- exposure to the pesticide through food, General (CSTEE), and (4) structure- B. How Can I Get Electronic Documents drinking water, and through other activity-relationship (SAR) assessments and Other Related Information? exposures that occur as a result of performed on surrogate chemicals as In addition to using EDOCKET at pesticide use in residential settings. prepared by the Agency’s Office of (http://www.epa.gov/edocket/), you may Pollution Prevention and Toxics. The III. Inert Ingredient Definition access this Federal Register document toxicological databases for these electronically through the EPA Internet Inert ingredients are all ingredients chemicals are a mixture of guideline under the ‘‘Federal Register’’ listings at that are not active ingredients as defined studies performed in the last 15 years http://www.epa.gov/fedrgstr/. A in 40 CFR 153.125 and include, but are and older studies from the 1970s and frequently updated electronic version of not limited to, the following types of 1950s. These older studies are more 40 CFR part 180 is available at E-CFR ingredients (except when they have a difficult to evaluate given the different Beta Site Two at http:// pesticidal efficacy of their own): standards of reporting that existed some www.gpoaccess.gov/ecfr/. Solvents such as alcohols and years ago. hydrocarbons; surfactants such as Both ATBC and TEC have low acute II. Background and Statutory Findings polyoxyethylene polymers and fatty oral toxicity (Toxicity Category IV). In the Federal Register of January 5, acids; carriers such as clay and Ocular irritation is moderate. Both are 2001 (66 FR 1129) (FRL–6761–4), EPA diatomaceous earth; thickeners such as Toxicity Category IV for dermal issued a notice pursuant to section 408 carrageenan and modified cellulose; irritation. Neither are human sensitizers. of the FFDCA, 21 U.S.C. 346a, as wetting, spreading, and dispersing Both chemicals have been reviewed by amended by the FQPA (Public Law 104– agents; propellants in aerosol other entities. None of these 170), announcing the filing of pesticide dispensers; microencapsulating agents; organizations indicated any specific petitions (PP (8E4966 and 8E4967) by and emulsifiers. The term ‘‘inert’’ is not concerns for ATBC or TEC. Based on the Morflex Inc., 2110 High Point Road, intended to imply nontoxicity; the submitted studies, neither ATBC or TEC Greensboro, NC 27403. That notice ingredient may or may not be is mutagenic.

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In a rat metabolism study, ATBC was surface water and exposure through any citrate esters. These esters do not readily absorbed and rapidly excreted in pesticide use in gardens, lawns, or appear to produce a toxic metabolite urine and feces within 48 hours. The buildings (residential and other indoor produced by other substances. These are following metabolites were detected in uses). lower toxicity chemicals; therefore, the the urine: Acetyl citrate, monobutyl EPA establishes exemptions from the resultant risks separately and/or citrate, acetyl monobutyl citrate, dibutyl requirement of a tolerance only in those combined should also be low. For the citrate, and acetyl dibutyl citrate. ATBC cases where it can be clearly purposes of this action, therefore, EPA was hydrolyzed in both human and rat demonstrated that the risks from has not assumed that acetyl tributyl liver homogenates resulting in n-butanol aggregate exposure to pesticide citrate or triethyl citrate have a common and tributyl citrate (TBC). However, in chemical residues under reasonably mechanism of toxicity with other human serum the half-life was 7 hours foreseeable circumstances will pose no substances. For information regarding versus 30 minutes in the rat. These in appreciable risks to human health. In EPA’s efforts to determine which vivo and in vitro studies indicate that order to determine the risks from chemicals have a common mechanism ATBC is hydrolysed. aggregate exposure to pesticide inert of toxicity and to evaluate the No metabolism studies were reviewed ingredients, the Agency considers the cumulative effects of such chemicals, for TEC. However, it is expected that all toxicity of the inert in conjunction with see the policy statements released by citrate esters would undergo hydrolysis possible exposure to residues of the EPA’s Office of Pesticide Programs to citric acid and the corresponding inert ingredient through food, drinking concerning common mechanism alcohol. For TEC, this would be ethanol. water, and through other exposures that determinations and procedures for The human body is able to effectively occur as a result of pesticide use in cumulating effects from substances metabolize both ethanol and citric acid. residential settings. If EPA is able to found to have a common mechanism on Thus, the human body has known determine that a finite tolerance is not EPA’s website at http://www.epa.gov/ pathways to metabolize TEC hydrolysis necessary to ensure that there is a pesticides/cumulative/. metabolites. reasonable certainty that no harm will The ATBC 2–generation reproductive result from aggregate exposure to the VII. Children’s Safety Factor toxicity study was recently re-evaluated inert ingredient, an exemption from the The toxicity database for ATBC by the Agency. No adverse reproductive requirement of a tolerance may be includes a rat oral reproductive toxicity performance was observed at any dose. established. study in which NOELs of 1,000 mg/kg/ The reproductive toxicity no observed Various publicly-available screening- day were identified. There are also the adverse level (NOAEL) was 1,000 level models were used to estimate SARs on structurally-related citrate milligrams/kilograms/day (mg/kg/day), some of the existing levels of exposure esters which did not indicate any the highest dose tested. A lowest that could occur in and around the concerns for developmental or observed adverse level (LOAEL) was not home. To assure protectiveness, these reproductive toxicity. observed. The parental no observed models create estimates that are ATBC, given the additional level (NOEL) and the offspring NOEL is deliberately intended to over-estimate acetylation step, is the more complex, 1,000 mg/kg/day. The parental lowest exposure. All modeling (with the larger molecule. The acetylation step observed level (LOEL) and the offspring exception of the CSTEE plastic toy also increases the number of possible LOEL was not observed. scenario) was performed by EPA. The metabolites as evidenced by the results The available information consists of highest potential exposure level was of the ATBC rat metabolism study. the FDA-affirmed GRAS status of TEC 0.422 mg/kg/day for children (1–2 years ATBC data can be used as surrogate data (21 CFR 184.1911), ATBC’s approval as old) for dietary exposure through for TEC. TEC cannot be used as a synthetic flavoring substance under 21 consumption of food (as a result of surrogate data for ATBC. ATBC is the CFR 172.515, the approval of both application of a pesticide product more toxic of the two chemicals and has ATBC and TEC under 21 CFR 181.27 as containing either ATBC or TEC to the larger available data base. prior sanctioned plasticizers, the crops). All of the screening-level There is sufficient information for the abstracts of the BIBRA toxicity profiles, exposures are much less than any of the Agency to judge the potential for several evaluations by the World Health NOAELs/NOELs from the repeated dose developmental and reproductive effects Organization, the SAR assessments of oral toxicity studies. Greater detail on of ATBC and TEC. No additional data the structurally-related chemicals, the the Agency’s exposure assessment are in are needed to assess the toxicity of CSTEE Opinion, and the toxicity studies the ATBC and TEC Science Assessment ATBC and TEC. There is no reason to submitted by the petitioner. Taken in EDOCKET at (http://www.epa.gov/ expect that the reasonably, foreseeable together the weight of evidence of the edocket/) (See OPP–2004–0300). uses of ATBC and TEC will constitute available information indicate any significant hazard. EPA has not VI. Cumulative Effects chemicals of lower toxicity. used a safety factor analysis to assess Greater detail on the Agency’s review Section 408(b)(2)(D)(v) of the FFDCA the risk. For the same reasons the and evaluation of the submitted studies requires that, when considering whether additional tenfold safety factor is and articles from open literature are in to establish, modify, or revoke a unnecessary. the ATBC and TEC Science Assessment tolerance, the Agency consider VIII. Determination of Safety for U.S. in EDOCKET at (http://www.epa.gov/ ‘‘available information’’ concerning the Population, Infants and Children edocket/) (See OPP–2004–0300). cumulative effects of a particular pesticide’s residues and ‘‘other The Agency believes that ATBC and V. Aggregate Exposures substances that have a common TEC are of low toxicity. Of highest In examining aggregate exposure, mechanism of toxicity.’’ consideration in this judgement is the section 408 of the FFDCA directs EPA Unlike other pesticides for which EPA body’s ability to effectively metabolize to consider available information has followed a cumulative risk approach both ATBC and TEC to citric acid and concerning exposures from the pesticide based on a common mechanism of the corresponding alcohols. The residue in food and all other non- toxicity, EPA has not made a common metabolism studies provided by the occupational exposures, including mechanism of toxicity finding as to petitioner were helpful in reaching this drinking water from ground water or acetyl tributyl citrate, triethyl citrate or determination. Both of these chemicals

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are well-studied. FDA, WHO, and residue levels been established for any appropriate adjustments, until the CSTEE have all conducted assessments food crops at this time. necessary modifications can be made. on the uses of these chemicals. No The new section 408(g) of the FFDCA E. List 4A (Minimal Risk) Classification toxicological concerns were specified in provides essentially the same process any of the reviews and evaluations. The Agency established 40 CFR for persons to ‘‘object’’ to a regulation The Agency has used various 180.950 (see the rationale in the for an exemption from the requirement screening-level models to estimate some proposed rule published January 15, of a tolerance issued by EPA under new of the existing levels of exposure to 2002 (67 FR 1925) (FRL–6807–8)) to section 408(d) of the FFDCA, as was ATBC and TEC. To assure collect the tolerance exemptions for provided in the old FFDCA sections 408 protectiveness, these estimates are those substances classified as List 4A, and 409 of the FFDCA. However, the deliberately intended to over-estimate i.e., minimal risk substances. As part of period for filing objections is now 60 exposure. Given the consistent pattern evaluating an inert ingredient and days, rather than 30 days. of NOAELs/NOELs of 1,000 mg/kg/day, establishing the tolerance exemption, the Agency determines the chemical’s A. What Do I Need to Do to File an an understanding of the metabolism of Objection or Request a Hearing? ATBC and TEC, and a significant gap list classification. Given the available between very over-estimated exposure information which indicates the body’s You must file your objection or numbers and the NOAELs/NOELs, there ability to effectively metabolize both request a hearing on this regulation in is no need to pursue further numerical ATBC and TEC to citric acid and the accordance with the instructions refinements to the estimated exposures. corresponding alcohols and the provided in this unit and in 40 CFR part EPA concludes that there is a consistent pattern of NOAELs/NOELs of 178. To ensure proper receipt by EPA, reasonable certainty of no harm from 1,000 mg/kg/day, citric acid, 2- you must identify docket ID number aggregate exposure to residues of citric (acetyloxy)-, tributyl ester (CAS Reg. No. OPP–2004–0300 in the subject line on acid, 2-(acetyloxy)-, tributyl ester (CAS 77–90–7) and citric acid, triethyl ester the first page of your submission. All Reg. No. 77–90–7) and citric acid, (CAS Reg. No. 77–93–0) are to be requests must be in writing, and must be mailed or delivered to the Hearing Clerk triethyl ester (CAS Reg. No. 77–93–0). classified as List 4A inert ingredients. on or before November 29, 2004. Accordingly, EPA finds that exempting X. Conclusions 1. Filing the request. Your objection citric acid, 2-(acetyloxy)-, tributyl ester Based on the information in this must specify the specific provisions in (CAS Reg. No. 77–90–7) and citric acid, preamble, EPA concludes that there is a the regulation that you object to, and the triethyl ester (CAS Reg. No. 77–93–0) reasonable certainty of no harm from grounds for the objections (40 CFR will be safe. aggregate exposure to residues of acetyl 178.25). If a hearing is requested, the IX. Other Considerations tributyl citrate (ATBC) also known as objections must include a statement of citric acid, 2-(acetyloxy)-, tributyl ester the factual issues(s) on which a hearing A. Endocrine Disruptors (CAS Reg. No. 77–90–7) and triethyl is requested, the requestor’s contentions FQPA requires EPA to develop a citrate (TEC) also known as citric acid, on such issues, and a summary of any screening program to determine whether triethyl ester (CAS Reg. No. 77–93–0) evidence relied upon by the objector (40 certain substances, including all Accordingly, EPA finds that exempting CFR 178.27). Information submitted in pesticide chemicals (both inert and citric acid, 2-(acetyloxy)-, tributyl ester connection with an objection or hearing active ingredients), ‘‘may have an effect (CAS Reg. No. 77–90–7) and citric acid, request may be claimed confidential by in humans that is similar to an effect triethyl ester (CAS Reg. No. 77–93–0) marking any part or all of that produced by a naturally occurring from the requirement of a tolerance will information as CBI. Information so estrogen, or such other endocrine be safe. marked will not be disclosed except in effect.’’ EPA has been working with Therefore, the exemptions from the accordance with procedures set forth in interested stakeholders to develop a requirement of a tolerance for citric 40 CFR part 2. A copy of the screening and testing program as well as acid, 2-(acetyloxy)-, tributyl ester (CAS information that does not contain CBI a priority setting scheme. As the Agency Reg. No. 77–90–7) and citric acid, must be submitted for inclusion in the proceeds with implementation of this triethyl ester (CAS Reg. No. 77–93–0) public record. Information not marked program, further testing of products are established in 40 CFR 180.950. Since confidential may be disclosed publicly containing ATBC and TEC for endocrine the tolerance exemptions are established by EPA without prior notice. effects may be required. under 40 CFR 180.950, the existing Mail your written request to: Office of tolerance exemption for acetyl tributyl the Hearing Clerk (1900L), B. Analytical Method citrate (CAS Reg. No. 77–90–7) in 40 Environmental Protection Agency, 1200 An analytical method is not required CFR 180.930 is a duplication, and will Pennsylvania Ave., NW., Washington, for enforcement purposes since the be removed. DC 20460–0001. You may also deliver Agency is establishing an exemption your request to the Office of the Hearing XI. Objections and Hearing Requests from the requirement of a tolerance Clerk in Suite 350, 1099 14th St., NW., without any numerical limitation. Under section 408(g) of the FFDCA, as Washington, DC 20005. The Office of amended by the FQPA, any person may the Hearing Clerk is open from 8 a.m. C. Existing Exemptions file an objection to any aspect of this to 4 p.m., Monday through Friday, There is an existing tolerance regulation and may also request a excluding legal holidays. The telephone exemption for acetyl tributyl citrate hearing on those objections. The EPA number for the Office of the Hearing (CAS Reg. No. 77–90–7) in 40 CFR procedural regulations which govern the Clerk is (202) 564–6255. 180.930 when used as a component of submission of objections and requests 2. Copies for the Docket. In addition plastic animal tags. for hearings appear in 40 CFR part 178. to filing an objection or hearing request Although the procedures in those with the Hearing Clerk as described in D. International Tolerances regulations require some modification to Unit XI.A., you should also send a copy The Agency is not aware of any reflect the amendments made to the of your request to the PIRIB for its country requiring a tolerance for ATBC FFDCA by the FQPA, EPA will continue inclusion in the official record that is or TEC nor have any CODEX maximum to use those procedures, with described in ADDRESSES. Mail your

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copies, identified by docket ID number Law 104–4). Nor does it require any ‘‘meaningful and timely input by tribal OPP–2004–0300, to: Public Information special considerations under Executive officials in the development of and Records Integrity Branch, Order 12898, entitled Federal Actions to regulatory policies that have tribal Information Resources and Services Address Environmental Justice in implications.’’ ‘‘Policies that have tribal Division (7502C), Office of Pesticide Minority Populations and Low-Income implications’’ is defined in the Programs, Environmental Protection Populations (59 FR 7629, February 16, Executive Order to include regulations Agency, 1200 Pennsylvania Ave., NW., 1994); or OMB review or any Agency that have ‘‘substantial direct effects on Washington, DC 20460–0001. In person action under Executive Order 13045, one or more Indian tribes, on the or by courier, bring a copy to the entitled Protection of Children from relationship between the Federal location of the PIRIB described in Environmental Health Risks and Safety Government and the Indian tribes, or on ADDRESSES. You may also send an Risks (62 FR 19885, April 23, 1997). the distribution of power and electronic copy of your request via e- This action does not involve any responsibilities between the Federal mail to: [email protected]. Please use technical standards that would require Government and Indian tribes.’’ This an ASCII file format and avoid the use Agency consideration of voluntary rule will not have substantial direct of special characters and any form of consensus standards pursuant to section effects on tribal governments, on the encryption. Copies of electronic 12(d) of the National Technology relationship between the Federal objections and hearing requests will also Transfer and Advancement Act of 1995 Government and Indian tribes, or on the be accepted on disks in WordPerfect (NTTAA), Public Law 104–113, section distribution of power and 6.1/8.0 or ASCII file format. Do not 12(d) (15 U.S.C. 272 note). Since responsibilities between the Federal include any CBI in your electronic copy. tolerances and exemptions that are Government and Indian tribes, as You may also submit an electronic copy established on the basis of a petition specified in Executive Order 13175. of your request at many Federal under section 408(d) of the FFDCA, Thus, Executive Order 13175 does not Depository Libraries. such as the exemption in this final rule, apply to this rule. B. When Will the Agency Grant a do not require the issuance of a XIII. Congressional Review Act Request for a Hearing? proposed rule, the requirements of the The Congressional Review Act, 5 A request for a hearing will be granted Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) do not apply. In U.S.C. 801 et seq., as added by the Small if the Administrator determines that the Business Regulatory Enforcement material submitted shows the following: addition, the Agency has determined that this action will not have a Fairness Act of 1996, generally provides There is a genuine and substantial issue that before a rule may take effect, the of fact; there is a reasonable possibility substantial direct effect on States, on the relationship between the national agency promulgating the rule must that available evidence identified by the submit a rule report, which includes a requestor would, if established resolve government and the States, or on the copy of the rule, to each House of the one or more of such issues in favor of distribution of power and Congress and to the Comptroller General the requestor, taking into account responsibilities among the various of the United States. EPA will submit a uncontested claims or facts to the levels of government, as specified in report containing this rule and other contrary; and resolution of the factual Executive Order 13132, entitled required information to the U.S. Senate, issues(s) in the manner sought by the Federalism(64 FR 43255, August 10, the U.S. House of Representatives, and requestor would be adequate to justify 1999). Executive Order 13132 requires the Comptroller General of the United the action requested (40 CFR 178.32). EPA to develop an accountable process to ensure ‘‘meaningful and timely input States prior to publication of this final XII. Statutory and Executive Order by State and local officials in the rule in the Federal Register. This final Reviews development of regulatory policies that rule is not a ‘‘major rule’’ as defined by This final rule establishes two have federalism implications.’’ ‘‘Policies 5 U.S.C. 804(2). exemptions from the tolerance that have federalism implications ’’ is List of Subjects in 40 CFR Part 180 requirement under section 408(d) of the defined in the Executive Order to FFDCA in response to a petition include regulations that have Environmental protection, submitted to the Agency. The Office of ‘‘substantial direct effects on the States, Administrative practice and procedure, Management and Budget (OMB) has on the relationship between the national Agricultural commodities, Pesticides exempted these types of actions from government and the States, or on the and pests, Reporting and recordkeeping review under Executive Order 12866, distribution of power and requirements. entitled Regulatory Planning and responsibilities among the various Dated: September 14, 2004. Review (58 FR 51735, October 4, 1993). levels of government.’’ This final rule Lois Rossi, Because this rule has been exempted directly regulates growers, food Director, Registration Division, Office of from review under Executive Order processors, food handlers and food Pesticide Programs. 12866 due to its lack of significance, retailers, not States. This action does not I Therefore, 40 CFR chapter I is this rule is not subject to Executive alter the relationships or distribution of amended as follows: Order 13211, Actions Concerning power and responsibilities established Regulations That Significantly Affect by Congress in the preemption PART 180—[AMENDED] Energy Supply, Distribution, or Use (66 provisions of section 408(n)(4) of the FR 28355, May 22, 2001). This final rule FFDCA. For these same reasons, the I 1. The authority citation for part 180 does not contain any information Agency has determined that this rule continues to read as follows: collections subject to OMB approval does not have any ‘‘tribal implications’’ Authority: 21 U.S.C. 321(q), 346a and 371. under the Paperwork Reduction Act as described in Executive Order 13175, (PRA), 44 U.S.C. 3501 et seq., or impose entitled Consultation and Coordination I 2. In § 180.930, the table is amended by any enforceable duty or contain any with Indian Tribal Governments (65 FR removing the entry for ‘‘acetyl tributyl unfunded mandate as described under 67249, November 6, 2000). Executive citrate’’ (CAS Reg. No. 77–90–7). Title II of the Unfunded Mandates Order 13175, requires EPA to develop I 3. In § 180.950, the table in paragraph Reform Act of 1995 (UMRA) (Public an accountable process to ensure (e) is amended by adding alphabetically

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the following inert ingredients to read as 119, Crystal Mall #2, 1801 S. Bell St., Beta Site Two at http:// follows Arlington, VA. This docket facility is www.gpoaccess.gov/ecfr/. open from 8:30 a.m. to 4 p.m., Monday II. Background and Statutory Findings § 180.950 Tolerance exemptions for through Friday, excluding legal minimal risk active and inert ingredients. holidays. The docket telephone number In the Federal Register of March 31, * * * * * is (703) 305–5805. 2004 (69 FR 16921) (FRL–7348–4), EPA (e) * * * issued a notice pursuant to section FOR FURTHER INFORMATION CONTACT: 408(d)(3) of FFDCA, 21 U.S.C. Joanne I. Miller, Registration Division Chemical Name CAS No. 346a(d)(3), announcing the filing of a (7505C), Office of Pesticide Programs, pesticide petitions (PP 2F6468 and *****Environmental Protection Agency, 1200 3E6746) by FMC Corporation, 1735 Citric acid, 2-(acetyloxy)-, Pennsylvania Ave., NW., Washington, Market Street, Philadelphia, PA 19103 tributyl ester ...... 77–90–7 DC 20460–0001; telephone number: and IR-4, Technology Center, of New *****(703) 305–6224; e-mail address: Citric acid, triethyl ester .. 77–93–0 Jersey, 681 U.S. Highway #1 South, [email protected]. ***** North Brunswick, NJ 08902–3390. That SUPPLEMENTARY INFORMATION: notice included a summary of the petition prepared by FMC Corporation, [FR Doc. 04–21587 Filed 9–28–04; 8:45 am] I. General Information BILLING CODE 6560–50–S the registrant. Comments on the petition A. Does this Action Apply to Me? were filed by B. Sachau, 15 Elm St., Florham Park, NJ 07932. A response to You may be potentially affected by ENVIRONMENTAL PROTECTION these comments is provided in Unit V. this action if you are an agricultural AGENCY In the Federal Register of July 28, producer, food manufacturer, or 2004 (69 FR 45042) (FRL–7365–2), EPA 40 CFR Part 180 pesticide manufacturer. Potentially issued a notice pursuant to section affected entities may include, but are 408(d)(3) of FFDCA, 21 U.S.C. [OPP–2004–0256; FRL–7678–9] not limited to: • 346a(d)(3), announcing the filing of a Carfentrazone-ethyl; Pesticide Crop production (NAICS 111), e.g., pesticide petitions (PP 2F6468, 3E6746, Tolerance agricultural workers; greenhouse, 4E6814, and 3F6584) by FMC nursery, and floriculture workers; Corporation, 1735 Market Street, AGENCY: Environmental Protection farmers. Philadelphia, PA 19103 and IR-4, • Agency (EPA). Animal production (NAICS 112), Technology Center, of New Jersey, 681 ACTION: Final rule. e.g., cattle ranchers and farmers, dairy U.S. Highway #1 South, North cattle farmers, livestock farmers. Brunswick, NJ 08902–3390. That notice SUMMARY: This regulation establishes a • Food manufacturing (NAICS 311), included a summary of the petition tolerance for combined residues of e.g., agricultural workers; farmers; prepared by FMC Corporation, the carfentrazone-ethyl and its metabolite in greenhouse, nursery, and floriculture registrant. Comments on the petition or on certain raw agricultural workers; ranchers; pesticide applicators. were filed by B. Sachau, 15 Elm St., commodities. FMC Corporation and • Pesticide manufacturing (NAICS Florham Park, NJ 07932, and Bonita Interregional Research Project Number 4 32532), e.g., agricultural workers; Poulin, R. R. #3, Brockville, Ont. A (IR-4) requested these tolerances under commercial applicators; farmers; response to these comments is provided the Federal Food, Drug, and Cosmetic greenhouse, nursery, and floriculture in Section V. Act (FFDCA), as amended by the Food workers; residential users. The petitions requested that 40 CFR Quality Protection Act of 1996 (FQPA). This listing is not intended to be 180.515(a) be amended by establishing DATES: This regulation is effective exhaustive, but rather provides a guide proposed tolerances for combined September 29, 2004. Objections and for readers regarding entities likely to be residues of the herbicide carfentrazone- requests for hearings must be received affected by this action. Other types of ethyl (ethyl-alpha,2-dichloro-5-[4- on or before November 29, 2004. entities not listed in this unit could also (difluoromethyl)-4,5-dihydro-3-methyl- ADDRESSES: To submit a written be affected. The North American 5-oxo-1H-1,2,4-triazol-1-yl)-4- objection or hearing request follow the Industrial Classification System fluorobenzenepropanoate and the detailed instructions as provided in (NAICS) codes have been provided to metabolite carfentrazone-ethyl Unit VII. of the SUPPLEMENTARY assist you and others in determining chloropropionic acid (alpha,2-dichloro- INFORMATION. EPA has established a whether this action might apply to 5-[4-(difluoromethyl)-4,5-dihydro-3- docket for this action under Docket certain entities. If you have any methyl-5-oxo-1H-1,2,4-triazol-1-yl]-4- identification (ID) number OPP–2004– questions regarding the applicability of fluorobenzenepropanoic acid), in or on: 0256. All documents in the docket are this action to a particular entity, consult Acerola at 0.1 parts per million (ppm); listed in the EDOCKET index at http:/ the person listed under FOR FURTHER almond hulls at 0.20 ppm and grass, /www.epa.gov/edocket. Although listed INFORMATION CONTACT. forage, fodder and hay, group 17 at 12 in the index, some information is not ppm; hops at 0.05 ppm; avocado at 0.1 publicly available, i.e., CBI or other B. How Can I Access Electronic Copies ppm; atemoya at 0.1 ppm; banana at 0.1 information whose disclosure is of this Document and Other Related ppm; berry group 13 at 0.1 ppm; birida restricted by statute. Certain other Information? at 0.1 ppm; borage, seed at 0.1 ppm; material, such as copyrighted material, In addition to using EDOCKET (http:/ cacao at 0.1 ppm; cactus at 0.1 ppm; is not placed on the Internet and will be /www.epa.gov/edocket/), you may canistel at 0.1 ppm; cherimoya at 0.1 publicly available only in hard copy access this Federal Register document ppm; citrus, crop group 10 at 0.1 ppm; form. Publicly available docket electronically through the EPA Internet citrus cultivars and/or hybrids of materials are available either under the ‘‘Federal Register’’ listings at grapefruit and pummelo, including uniq electronically in EDOCKET or in hard http://www.epa.gov/fedrgstr/. A fruit at 0.1 ppm; coconut at 0.1 ppm; copy at the Public Information and frequently updated electronic version of coffee at 0.1 ppm; crambe, seed at 0.1 Records Integrity Branch (PIRIB), Rm. 40 CFR part 180 is available at E-CFR ppm; custard apple at 0.1 ppm; date at

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0.1 ppm; feijoa at 0.1 ppm; fig at 0.1 occupational exposure. Section 0.10 ppm; wax jambu at 0.10 ppm; ppm; fish at 0.2 ppm; flax, seed at 0.1 408(b)(2)(C) of FFDCA requires EPA to starfruit at 0.10 ppm; passionfruit at ppm; grape at 0.1 ppm; grapefruit at 0.1 give special consideration to exposure 0.10 ppm; acerola at 0.10 ppm; lychee ppm; guava at 0.1 ppm; guayule at 0.1 of infants and children to the pesticide at 0.10 ppm; longan at 0.10 ppm; ppm; herbs and spice group 19 at 0.1 chemical residue in establishing a Spanish lime at 0.10 ppm; rambutan at ppm; horseradish at 0.1 ppm; ilama at tolerance and to ‘‘ensure that there is a 0.10 ppm; pulasan at 0.10 ppm; sugar 0.1 ppm; Indian mulberry at 0.1 ppm; reasonable certainty that no harm will apple at 0.10 ppm; atemoya at 0.10 ppm; jabotica at 0.1 ppm; Juneberry at 0.1 result to infants and children from custard apple at 0.10 ppm; cherimoya at ppm; kava at 0.1 ppm; kiwi fruit at 0.1 aggregate exposure to the pesticide 0.10 ppm; ilama at 0.10 ppm; soursop at ppm; lingonberry at 0.1 ppm; lychee at chemical residue. . . .’’ 0.10 ppm; biriba at 0.10 ppm; 0.1 ppm; longan at 0.1 ppm; mango at EPA performs a number of analyses to lingonberry at 0.10 ppm; Juneberry at 0.1 ppm; mustard seed, Indian at 0.1 determine the risks from aggregate 0.10 ppm, salal at 0.10 ppm; kiwifruit at ppm; mustard seed, field at 0.1 ppm; exposure to pesticide residues. For 0.10 ppm; pomegranate at 0.10 at ppm; mustard seed, black at 0.1 ppm; okra at further discussion of the regulatory persimmon at 0.10 ppm; pawpaw at 0.1 ppm; olive at 0.1 ppm; palm heart, requirements of section 408 of FFDCA 0.10 ppm; palm heart at 0.10 ppm; palm leaves at 0.1 ppm; passionfruit at 0.1 and a complete description of the risk heart, leaves at 0.10 ppm; kava, kava at ppm; papaya at 0.1 ppm; pawpaw at 0.1 assessment process, see the final rule on 0.10 ppm; ti, leaves at 0.10 ppm; ti, ppm; peanut at 0.1 ppm; persimmon at Bifenthrin Pesticide Tolerances (62 FR roots at 0.10 ppm; wasabit, roots at 0.10 0.1 ppm; pistachio at 0.1 ppm; pome 62961, November 26, 1997) (FRL–5754– ppm; cactus at 0.10 ppm; sorghum, fruit, crop group 11 at 0.1 ppm; 7). sweet at 0.10 ppm; rapeseed, seed at pomegranate at 0.1 ppm; pulasan at 0.1 III. Aggregate Risk Assessment and 0.10 ppm; rapeseed, forage at 0.10 ppm; ppm; pummelo at 0.1 ppm; rambutan at Determination of Safety mustard, seed at 0.10 ppm; flax, seed at 0.1 ppm; rapeseed, Indian at 0.1 ppm; 0.10 ppm; safflower, seed at 0.10 ppm; Consistent with section 408(b)(2)(D) rapeseed, seed at 0.1 ppm; safflower, crambe, seed at 0.10 ppm; borage at 0.10 of FFDCA, EPA has reviewed the seed at 0.1 ppm; salal at 0.1 ppm; ppm; olive at 0.10 ppm; banana at 0.10 available scientific data and other sapodilla at 0.1 ppm; sapote, black at 0.1 ppm; cacao at 0.10 ppm; tea at 0.10 relevant information in support of this ppm; sapote, mamey at 0.1 ppm; ppm; mulberry, Indian at 0.10 ppm; action. EPA has sufficient data to assess shellfish at 0.2 ppm; sorghum, sweet, vanilla at 0.10 ppm; coffee at 0.10 ppm; the hazards of and to make a stalks at 0.1 ppm; sorghum, sweet, syrup horseradish at 0.10 ppm; fish at 0.30 determination on aggregate exposure, at 0.1 ppm; soursop at 0.1 ppm; Spanish ppm; shellfish at 0.30 ppm; meat, consistent with section 408(b)(2) of lime at 0.1 ppm; star apple at 0.1 ppm; byproducts (cattle, goat, horse, and FFDCA, for a tolerance for combined sheep) at 0.10 ppm; meat (cattle, goat, starfruit at 0.1 ppm; stone fruit, crop residues of carfentrazone-ethyl and its group 12 at 0.1 ppm; strawberry at 0.1 horse, and sheep) at 0.10 ppm; fat metabolite, carfentrazone-ethyl (cattle, goat, horse, and sheep) at 0.10 ppm; strawberrypear at 0.1 ppm; stevia chloropropionic acid, on Vegetable, root at 0.1 ppm; sugar apple at 0.1 ppm; ppm and milk at 0.05 ppm. EPA’s and tuber, group 01 at 0.10 ppm; assessment of exposures and risks sugarcane at 0.1 ppm; sunflower, seed at vegetable, leaves of root and tuber, 0.1 ppm; ti, leaves at 0.1 ppm; tea at 0.1 associated with establishing the group 2 at 0.10 ppm; vegetable, bulb, tolerance follows: ppm; tree nut, crop group 14 at 0.1 ppm; group 3 at 0.10 ppm; vegetable, leafy, tuberous and corm vegetables, crop except brassica, group 4 at 0.10 ppm; A. Toxicological Profile subgroup 1C at 0.1 ppm; vanilla at 0.1 vegetable, brassica, leafy, group 5 at 0.10 EPA has evaluated the available ppm; vegetable, brassica, leafy, group 5 ppm; vegetable, legume, group 6 at 0.10 toxicity data and considered its validity, at 0.1 ppm; vegetable, bulb, group 3 at ppm; vegetable, foliage of legume completeness, and reliability as well as 0.1 ppm; vegetable, cucurbit group 9 at (except soybean), group 7 at 0.10 ppm; the relationship of the results of the 0.1 ppm; vegetable, foliage of legume, vegetable, fruiting, group 8 at 0.10 ppm; studies to human risk. EPA has also group 7 at 0.1 ppm; vegetables, fruiting, vegetable, cucurbit, group 9 at 0.10 considered available information group, crop group 8 at 0.1 ppm; ppm; fruit, citrus, group 10 at 0.10 ppm; concerning the variability of the vegetable, leaves of root and tuber, fruit, pome, group 14 at 0.10 ppm; fruit, sensitivities of major identifiable group 2 at 0.1 ppm; vegetable, leafy, stone, group 12 at 0.10 ppm; berry, subgroups of consumers, including except brassica, group 4 at 0.1 ppm; group 13 at 0.10 ppm; nut, tree, group infants and children. The nature of the vegetable, legume, group 6 at 0.1 ppm; 14 at 0.10 ppm; herbs and spices, group toxic effects caused by carfentrazone- vegetable, root and tuber, group 1 at 0.1 19 at 2.0 ppm; almond, hull at 0.20 ethyl are discussed in the Unit III.A. of ppm; wasabi, roots at 0.1 ppm; and wax ppm; grape at 0.10 ppm; grass, forage at the final rule on carfentrazone-ethyl jambu at 0.1 ppm. 5.0 ppm; grass, hay at 8.0 ppm; canola published in the Federal Register of Section 408(b)(2)(A)(i) of FFDCA at 0.10 ppm; hop, dried cones at 0.10 August 9, 2000 (65 FR 48620) (FRL– allows EPA to establish a tolerance (the ppm; peanut at 0.10 ppm; peanut, hay 6597–7). legal limit for a pesticide chemical at 0.10 ppm; strawberry at 0.10 ppm; residue in or on a food) only if EPA sugarcane at 0.10 ppm; sunflower, seed B. Toxicological Endpoints determines that the tolerance is ‘‘safe.’’ at 0.10 ppm; okra at 0.10 ppm; stevia at The dose at which no adverse effects Section 408(b)(2)(A)(ii) of FFDCA 0.10 ppm; pistachio at 0.10 ppm; are observed (the NOAEL) from the defines ‘‘safe’’ to mean that ‘‘there is a coconut at 0.10 ppm; strawberrypear at toxicology study identified as reasonable certainty that no harm will 0.10 ppm; date at 0.10 ppm; fig at 0.10 appropriate for use in risk assessment is result from aggregate exposure to the ppm; papaya at 0.10 ppm; avocado at used to estimate the toxicological level pesticide chemical residue, including 0.10 ppm; sapote, black at 0.10 ppm; of concern (LOC). However, the lowest all anticipated dietary exposures and all canistel at 0.10 ppm; sapote, mamey at dose at which adverse effects of concern other exposures for which there is 0.10 ppm; mango at 0.10 ppm; sapodilla are identified (the LOAEL) is sometimes reliable information.’’ This includes at 0.10 ppm; star apple at 0.10 ppm; used for risk assessment if no NOAEL exposure through drinking water and in pummelo at 0.10 ppm; guava at 0.10 was achieved in the toxicology study residential settings, but does not include ppm; feijoa at 0.10 ppm; jaboticaba at selected. An uncertainty factor (UF) is

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applied to reflect uncertainties inherent occurrence of additional cancer cases incorporates food consumption data as in the extrapolation from laboratory (e.g., risk). An example of how such a reported by respondents in the USDA animal data to humans and in the probability risk is expressed would be to 1994–1996 and 1998 Nationwide CSFII, variations in sensitivity among members describe the risk as one in one hundred and accumulated exposure to the of the human population as well as thousand (1 X 10-5), one in a million (1 chemical for each commodity. The other unknowns. An UF of 100 is X 10-6), or one in ten million (1 X 10-7). following assumptions were made for routinely used, 10X to account for Under certain specific circumstances, the chronic exposure assessments: For interspecies differences and 10X for MOE calculations will be used for the the chronic analyses, conservative intraspecies differences. carcinogenic risk assessment. In this estimates of expected residues were Three other types of safety or non-linear approach, a ‘‘point of assumed for all food commodities with uncertainty factors may be used: departure’’ is identified below which current or proposed carfentrazone-ethyl ‘‘Traditional uncertainty factors;’’ the carcinogenic effects are not expected. tolerances, and it was assumed that all ‘‘special FQPA safety factor;’’ and the The point of departure is typically a of the crops included in the analysis ‘‘default FQPA safety factor.’’ By the NOAEL based on an endpoint related to were treated. PCT and/or anticipated term ‘‘traditional uncertainty factor,’’ cancer effects though it may be a residues were not used in the chronic EPA is referring to those additional different value derived from the dose risk assessment. uncertainty factors used prior to FQPA response curve. To estimate risk, a ratio iii. Cancer. Carfentrazone-ethyl is passage to account for database of the point of departure to exposure classified as ‘‘not likely’’ a human deficiencies. These traditional (MOE cancer = point of departure/ carcinogen. uncertainty factors have been exposures) is calculated. 2. Dietary exposure from drinking incorporated by the FQPA into the A summary of the toxicological water. The Agency lacks sufficient additional safety factor for the endpoints for carfentrazone-ethyl used monitoring exposure data to complete a protection of infants and children. The for human risk assessment is discussed comprehensive dietary exposure term ‘‘special FQPA safety factor’’ refers in Unit III.B. of the final rule published analysis and risk assessment for to those safety factors that are deemed in the Federal Register of August 9, carfentrazone-ethyl in drinking water. necessary for the protection of infants 2000 (65 FR 48620). Because the Agency does not have and children primarily as a result of the comprehensive monitoring data, C. Exposure Assessment FQPA. The ‘‘default FQPA safety factor’’ drinking water concentration estimates is the additional 10X safety factor that 1. Dietary exposure from food and are made by reliance on simulation or is mandated by the statute unless it is feed uses. Tolerances have been modeling taking into account data on decided that there are reliable data to established (40 CFR 180.515(a) for the the physical characteristics of choose a different additional factor combined residues of carfentrazone- carfentrazone-ethyl. (potentially a traditional uncertainty ethyl and its metabolite, in or on a The Agency uses the FQPA Index factor or a special FQPA safety factor). variety of raw agricultural commodities. Reservoir Screening Tool (FIRST) or the For dietary risk assessment (other Risk assessments were conducted by Pesticide Root Zone Model/Exposure than cancer) the Agency uses the UF to EPA to assess dietary exposures from Analysis Modeling System (PRZM/ calculate an acute or chronic reference carfentrazone-ethyl in food as follows: EXAMS), to produce estimates of dose (acute RfD or chronic RfD) where i. Acute exposure. Acute dietary risk pesticide concentrations in an index the RfD is equal to the NOAEL divided assessments are performed for a food- reservoir. The Screening Concentrations by an UF of 100 to account for use pesticide, if a toxicological study in Groundwater (SCI-GROW) model is interspecies and intraspecies differences has indicated the possibility of an effect used to predict pesticide concentrations and any traditional uncertainty factors of concern occurring as a result of a 1– in shallow ground water. For a deemed appropriate (RfD = NOAEL/UF). day or single exposure. screening-level assessment for surface Where a special FQPA safety factor or In conducting the acute dietary risk water EPA will use FIRST (a tier 1 the default FQPA safety factor is used, assessment EPA used the Dietary model) before using PRZM/EXAMS (a this additional factor is applied to the Exposure Evaluation Model software tier 2 model). The FIRST model is a RfD by dividing the RfD by such with the Food Commodity Intake subset of the PRZM/EXAMS model that additional factor. The acute or chronic Database (DEEM-FCIDTM), which uses a specific high-end runoff scenario Population Adjusted Dose (aPAD or incorporates food consumption data as for pesticides. Both FIRST and PRZM/ cPAD) is a modification of the RfD to reported by respondents in the USDA EXAMS incorporate an index reservoir accommodate this type of safety factor. 1994–1996 and 1998 Nationwide environment, and both models include For non-dietary risk assessments Continuing Surveys of Food Intake by a percent crop area factor as an (other than cancer) the UF is used to Individuals (CSFII), and accumulated adjustment to account for the maximum determine the LOC. For example, when exposure to the chemical for each percent crop coverage within a 100 is the appropriate UF (10X to commodity. The following assumptions watershed or drainage basin. account for interspecies differences and were made for the acute exposure None of these models include 10X for intraspecies differences) the assessments: For the acute analyses, consideration of the impact processing LOC is 100. To estimate risk, a ratio of conservative estimates of expected (mixing, dilution, or treatment) of raw the NOAEL to exposures (margin of residues were assumed for all food water for distribution as driinking water exposure (MOE) = NOAEL/exposure) is commodities with current or proposed would likely have on the removal of calculated and compared to the LOC. carfentrazone-ethyl tolerances, and it pesticides from the source water. The The linear default risk methodology was assumed that all of the crops primary use of these models by the (Q*) is the primary method currently included in the analysis were treated. Agency at this stage is to provide a used by the Agency to quantify Percent Crop Treated (PCT) and/or screen for sorting out pesticides for carcinogenic risk. The Q* approach anticipated residues were not used in which it is unlikely that drinking water assumes that any amount of exposure the acute risk assessment. concentrations would exceed human will lead to some degree of cancer risk. ii. Chronic exposure. In conducting health levels of concern. A Q* is calculated and used to estimate the chronic dietary risk assessment EPA Since the models used are considered risk which represents a probability of used the DEEM-FCIDTM , which to be screening tools in the risk

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assessment process, the Agency does to establish, modify, or revoke a carfentrazone-ethyl. EPA concluded not use estimated environmental tolerance, the Agency consider there are no residual uncertainties for concentrations (EECs), which are the ‘‘available information’’ concerning the prenatal and/or postnatal exposure. model estimates of a pesticide’s cumulative effects of a particular 3. Conclusion. EPA concluded that, concentration in water. EECs derived pesticide’s residues and ‘‘other based on the absence of residual from these models are used to quantify substances that have a common uncertainties for prenatal and/or drinking water exposure and risk as a mechanism of toxicity.’’ postnatal exposure and complete %RfD or %PAD. Instead drinking water Unlike other pesticides for which EPA toxicology, environmental fate, residue levels of comparison (DWLOCs) are has followed a cumulative risk approach chemistry data bases, and the calculated and used as a point of based on a common mechanism of conservative assumptions used when comparison against the model estimates toxicity, EPA has not made a common generating the dietary and residential of a pesticide’s concentration in water. mechanism of toxicity finding as to exposure estimates, there are reliable DWLOCs are theoretical upper limits on carfentrazone-ethyl and any other data showing that it is safe for infants a pesticide’s concentration in drinking substances and carfentrazone-ethyl does and children to remove the additional water in light of total aggregate exposure not appear to produce a toxic metabolite 10X safety factor. produced by other substances. For the to a pesticide in food, and from E. Aggregate Risks and Determination of purposes of this tolerance action, residential uses. Since DWLOCs address Safety total aggregate exposure to therefore, EPA has not assumed that carfentrazone-ethyl they are further carfentrazone-ethyl has a common To estimate total aggregate exposure discussed in the aggregate risk sections mechanism of toxicity with other to a pesticide from food, drinking water, in Unit III.E. substances. For information regarding and residential uses, the Agency Based on the FIRST and SCI-GROW EPA’s efforts to determine which calculates DWLOCs which are used as a models, the EECs of carfentrazone-ethyl chemicals have a common mechanism point of comparison against EECs. for acute exposures are estimated to be of toxicity and to evaluate the DWLOC values are not regulatory 34.3 parts per billion (ppb) for surface cumulative effects of such chemicals, standards for drinking water. DWLOCs water and 13.4 ppb for ground water. see the policy statements released by are theoretical upper limits on a The EECs for chronic exposures are EPA’s OPP concerning common pesticide’s concentration in drinking estimated to be 19.0 ppb for surface mechanism determinations and water in light of total aggregate exposure water and 13.4 ppb for ground water. procedures for cumulating effects from to a pesticide in food and residential 3. From non-dietary exposure. The substances found to have a common uses. In calculating a DWLOC, the term ‘‘residential exposure’’ is used in mechanism on EPA’s web site at http:/ Agency determines how much of the this document to refer to non- /www.epa.gov/pesticides/cumulative/. acceptable exposure (i.e., the PAD) is occupational, non-dietary exposure available for exposure through drinking (e.g., for lawn and garden pest control, D. Safety Factor for Infants and water (e.g., allowable chronic water indoor pest control, termiticides, and Children exposure (mg/kg/day) = cPAD - (average flea and tick control on pets). 1. In general. Section 408 of FFDCA food + residential exposure). This Carfentrazone-ethyl is currently provides that EPA shall apply an allowable exposure through drinking registered for use on the following additional tenfold margin of safety for water is used to calculate a DWLOC. residential non-dietary sites: infants and children in the case of A DWLOC will vary depending on the Ornamental lawns and turf (application threshold effects to account for prenatal toxic endpoint, drinking water by commercial operators only. There is and postnatal toxicity and the consumption, and body weights. Default a proposed aquatic use under review. completeness of the data base on body weights and consumption values The risk assessment was conducted toxicity and exposure unless EPA as used by the EPA’s Office of Water are using the following residential exposure determines based on reliable data that a used to calculate DWLOCs: 2 liter (L)/ assumptions: Exposures to toddlers in different margin of safety will be safe for 70 kg (adult male), 2L/60 kg (adult the residential lawn setting would be infants and children. Margins of safety female and youth 13-19, and 1L/10 kg higher than that encountered by are incorporated into EPA risk (child). Default body weights and toddlers in an institutional setting, such assessments either directly through use drinking water consumption values vary as in schools and parks. It was of a MOE analysis or through using on an individual basis. This variation anticipated that herbicide application to uncertainty (safety) factors in will be taken into account in more homeowner lawns is a seasonal event, calculating a dose level that poses no refined screening-level and quantitative thus, only short-term post-application appreciable risk to humans. In applying drinking water exposure assessments. residential exposures were conducted. this provision, EPA either retains the Different populations will have different A swimmer exposure assessment was default value of 10X when reliable data DWLOCs. Generally, a DWLOC is conducted based on the proposed do not support the choice of a different calculated for each type of risk aquatic application. The swimmer factor, or, if reliable data are available, assessment used: Acute, short-term, assessment estimates exposures from EPA uses a different additional safety intermediate-term, chronic, and cancer. oral (ingestion) and inhalation routes. factor value based on the use of When EECs for surface water and No systemic toxicity was seen at the traditional uncertainty factors and/or ground water are less than the limit-dose (1,000 milligrams/kilogram/ special FQPA safety factors, as calculated DWLOCs, OPP concludes day (mg/kg/day)) in a 21–day dermal appropriate. with reasonable certainty that exposures toxicity study in rats, therefore, these 2. Prenatal and postnatal sensitivity. to the pesticide in drinking water (when risk assessments are not required. Based There is no evidence of increased considered along with other sources of on the use pattern, long-term exposure susceptibility of rat or rabbit fetuses exposure for which OPP has reliable is not anticipated. following in utero exposure in the data) would not result in unacceptable 4. Cumulative effects from substances developmental studies with levels of aggregate human health risk at with a common mechanism of toxicity. carfentrazone-ethyl. There is no this time. Because OPP considers the Section 408(b)(2)(D)(v) of FFDCA evidence of increased susceptibility of aggregate risk resulting from multiple requires that, when considering whether rats in the reproduction study with exposure pathways associated with a

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pesticide’s uses, levels of comparison in acute exposure, the acute dietary them to the EECs for surface and ground drinking water may vary as those uses exposure from food to carfentrazone- water, EPA does not expect the change. If new uses are added in the ethyl will occupy less than 1% of the aggregate exposure to exceed 100% of future, OPP will reassess the potential aPAD for the U.S. population and all the aPAD, as shown in Table 1 of this impacts of residues of the pesticide in population subgroups. unit. drinking water as a part of the aggregate In addition, there is potential for risk assessment process. acute dietary exposure to carfentrazone- 1. Acute risk. Using the exposure ethyl in drinking water. After assumptions discussed in this unit for calculating DWLOCs and comparing

TABLE 1.—AGGREGATE RISK ASSESSMENT FOR ACUTE EXPOSURE TO CARFENTRAZONE-ETHYL

%aPAD Surface Water Ground Water Population Subgroup aPAD DWLOC2 ppb (Food) EDWC1 ppb EDWC1 ppb

U.S. pop - all seasons 5 < 1 34.3 13.4 1.7e + 05

All Infants (< 1 year old) 5 < 1 34.3 13.4 5.0e + 04

Children (1-2 years old) 5 < 1 34.3 13.4 5.0e + 04

Children (3-5 years old) 5 < 1 34.3 13.4 5.0e + 04

Children (6-12 years old) 5 < 1 34.3 13.4 5.0e + 04

Youth (13-19 years old) 5 < 1 34.3 13.4 1.5e + 05

Adults (20-49 years old) 5 < 1 34.3 13.4 1.7e + 05

Adults (50+ years old) 5 < 1 34.3 13.4 1.7e + 05

Females (13-49 years old) 5 < 1 34.3 13.4 1.5e + 05 1 EDWCs resulting from maximum registered and proposed application rate (0.4 lbs ai/acre/season - caneberry) 2 DWLOC = ((aPAD -food exposure) x (body weigth) x (1,000 µg/mg)) ÷ (water consumption)

2. Chronic risk. Using the exposure exposures. Based the use pattern, comparing them to the EECs for surface assumptions described in this unit for chronic residential exposure to residues and ground water, EPA does not expect chronic exposure, EPA has concluded of carfentrazone-ethyl is not expected. the aggregate exposure to exceed 100% that exposure to carfentrazone-ethyl In addition, there is potential for of the cPAD, as shown in Table 2 of this from food will utilize ≤75% of the of the chronic dietary exposure to unit: cPAD with children 1–2 years old the carfentrazone-ethyl in drinking water. population subgroup with the highest After calculating DWLOCs and

TABLE 2.—AGGREGATE RISK ASSESSMENT FOR CHRONIC (NON-CANCER) EXPOSURE TO CARFENTRAZONE-ETHYL

Surface Ground cPAD mg/ % cPAD 2 Population Subgroup kg/day (Food) Water Water DWLOC ppb EDWC1 ppb EDWC1 ppb

U.S. population - all seasons 0.03 24 19.0 13.4 8.1e + 02

All Infants (<1 year old) 0.03 43 19.0 13.4 1.8e + 02

Children (1-2 years old) 0.03 75 19.0 13.4 8.6e + 01

Children (3-5 years old) 0.03 58 19.0 13.4 1.3e + 02

Children (6-12 years old) 0.0 35 19.0 13.4 2.1e + 02

Youth (13-19 years old) 0.03 21 19.0 13.4 7.3e + 02

Adults (20-49 years old) 0.03 18 19.0 13.4 8.5e + 02

Adults (50+ years old) 0.03 18 19.0 13.4 8.5e + 02

Females (13-49 years old) 0.03 18 19.0 13.4 7.1e + 02 1 EDWCs resulting from registered and proposed application rate (0.4 lbs ai/acre/season - caneberry); 56–day surface water average ÷ 3 2 DWLOC = ((cPAD -food exposure) x (body weigth) x (1,000 µg/mg)) ÷ (water consumption)

3. Short-term risk. Short-term exposure to food and water (considered Carfentrazone-ethyl is currently aggregate exposure takes into account to be a background exposure level). registered for use that could result in residential exposure plus chronic short-term residential exposure and the

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Agency has determined that it is result in aggregate MOEs of 72,875 for exposure of carfentrazone-ethyl in appropriate to aggregate chronic food the general population and 22,339 for ground and surface water. After and water and short-term exposures for children 1–2 years old. These aggregate calculating DWLOCs and comparing carfentrazone-ethyl. MOEs do not exceed the Agency’s level them to the EECs for surface and ground Using the exposure assumptions of concern for aggregate exposure to water, EPA does not expect short-term described in this unit for short-term food and residential uses. In addition, aggregate exposure to exceed the exposures, EPA has concluded that food short-term DWLOCs were calculated Agency’s level of concern, as shown in and residential exposures (including and compared to the EECs for chronic Table 3 of this unit: potential aquatic exposure) aggregated

TABLE 3.—AGGREGATE RISK ASSESSMENT FOR SHORT-TERM EXPOSURE TO CARFENTRAZONE-ETHYL

Aggregate Ground Surface Agg. MOE Level of Water Water Population Subgroup (food and DWLOC2 (ppb) 1 Concern EDWC EDWC res.) (LOC) (ppb) (ppb)

General U.S. population 72875 100 19.0 13.4 1.7e + 05

All Infants (<1 year old) 37843 100 19.0 13.4 5.0e + 04

Children (1-2 years old) 22339 100 19.0 13.4 5.0e + 04

Children (3-5 years old) 29228 100 19.0 13.4 5.0e + 04

Children (6-12 years old) 51965 100 19.0 13.4 5.0e + 04

Youth (13-19 years old) 85253 100 19.0 13.4 1.5e + 05

Adults (20-49 years old) 87396 100 19.0 13.4 1.7e + 05

Adults (50+ years old) 87457 100 19.0 13.4 1.7e + 05

Females (13-19 years old) 78541 100 19.0 13.4 1.5e + 05 1 Aggregate MOE = (NOAEL ÷ (Avg Food Exposure + Residential Exposure)) 2 DWLOC = ((maximum water exposure) x (body weight) x (1,000 µg/mg)) ÷ (water consumption)

5. Determination of safety. Based on C. Conditions VI. Conclusion these risk assessments, EPA concludes Therefore, the tolerance is established that there is a reasonable certainty that Residue chemistry: Successful Agency for combined residues of carfentrazone- no harm will result to the general Validation of Proposed Livestock/Fish/ Shellfish Enforcement Method. ethyl (ethyl-alpha,2-dichloro-5-[4- population, and to infants and children (difluoromethyl)-4,5-dihydro-3-methyl- from aggregate exposure to V. Comments 5-oxo-1H-1,2,4-triazol-1-yl)-4- carfentrazone-ethyl residues. fluorobenzenepropanoate and the Three comments were received in metabolite carfentrazone-ethyl IV. Other Considerations response to the notices of filing. Two chloropropionic acid (alpha,2-dichloro- comments from B. Sachau objected to A. Analytical Enforcement Methodology 5-[4-(difluoromethyl)-4,5-dihydro-3- the proposed tolerances because of the methyl-5-oxo-1H-1,2,4-triazol-1-yl]-4- amounts of pesticides already consumed Adequate enforcement methodology fluorobenzenepropanoic acid), all (example—gas chromotography) is and carried by the American expressed as carfentrazone-ethyl, in or available to enforce the tolerance population. She further indicated that on vegetable, root and tuber, group 01 expression. The method may be testing conducted on animals have at 0.10 ppm; vegetable, leaves of root requested from: Chief, Analytical absolutely no validity and are cruel to and tuber, group 2 at 0.10 ppm; Chemistry Branch, Environmental the test animals. Bonita Poulin vegetable, bulb, group 3 at 0.10 ppm; Science Center, 701 Mapes Rd., Ft. commented that she doesn’t approve of vegetable, leafy, except brassica, group 4 Meade, MD 20755–5350; telephone more chemical contamination of our at 0.10 ppm; vegetable, brassica, leafy, number: (410) 305–2905; e-mail address: food when we should be decreasing the group 5 at 0.10 ppm; vegetable, legume, [email protected]. residual poisons building up within us, group 6 at 0.10 ppm; vegetable, foliage which are already causing health of legume (except soybean), group 7 at B. International Residue Limits problems. She also indicated that there 0.10 ppm; vegetable, fruiting, group 8 at are safe alternatives available. There is neither a Codex proposal, nor 0.10 ppm; vegetable, cucurbit, group 9 Canadian or Mexican maximum residue Ms. Sachau’s and Ms. Poulin’s at 0.10 ppm; fruit, citrus, group 10 at limits, for residues of carfentrazone- comments contained no scientific data 0.10 ppm, fruit; pome, group 14 at 0.10 ethyl and F8426-Cl-PAC in/on the or evidence to rebut the Agency’s ppm; fruit, stone, group 12 at 0.10 ppm; proposed crops, livestock, fish, or conclusion that there is a reasonable berry, group 13 at 0.10 ppm; nut, tree, shellfish. Therefore, harmonization is certainty that no harm will result from group 14 at 0.10 ppm; herbs and spices, aggregate exposure to carfentrazone group 19 at 2.0 ppm; almond, hull at not an issue. ethyl, including all anticipated dietary 0.20 ppm; grape at 0.10 ppm; grass, exposures and all other exposures for forage at 5.0 ppm; grass, hay at 8.0 ppm; which there is reliable information. canola at 0.10 ppm, hop, dried cones at

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0.10 ppm; peanut at 0.10 ppm; peanut, to ‘‘object’’ to a regulation for an one or more of such issues in favor of hay at 0.10 ppm; strawberry at 0.10 exemption from the requirement of a the requestor, taking into account ppm; sugarcane at 0.10 ppm; sunflower, tolerance issued by EPA under new uncontested claims or facts to the seed at 0.10 ppm; okra at 0.10 ppm; section 408(d) of FFDCA, as was contrary; and resolution of the factual stevia at 0.10 ppm; pistachio at 0.10 provided in the old sections 408 and issues(s) in the manner sought by the ppm; coconut at 0.10 ppm; 409 of FFDCA. However, the period for requestor would be adequate to justify strawberrypear at 0.10 ppm; date at 0.10 filing objections is now 60 days, rather the action requested (40 CFR 178.32). ppm; fig at 0.10 ppm; papaya at 0.10 than 30 days. VIII. Statutory and Executive Order ppm; avocado at 0.10 ppm; sapote, black A. What Do I Need to Do to File an Reviews at 0.10 ppm; canistel at 0.10 ppm; Objection or Request a Hearing? sapote, mamey at 0.10 ppm; mango at This final rule establishes a tolerance 0.10 ppm; sapodilla at 0.10 ppm; star You must file your objection or under section 408(d) of the FFDCA in apple at 0.10 ppm; pummelo at 0.10 request a hearing on this regulation in response to a petition submitted to the ppm; guava at 0.10 ppm; feijoa at 0.10 accordance with the instructions Agency. The Office of Management and ppm; jaboticaba at 0.10 ppm; wax jambu provided in this unit and in 40 CFR part Budget (OMB) has exempted these types at 0.10 ppm; starfruit at 0.10 ppm; 178. To ensure proper receipt by EPA, of actions from review under Executive passionfruit at 0.10 ppm; acerola at 0.10 you must identify docket ID number Order 12866, entitled Regulatory ppm; lychee at 0.10 ppm; longan at 0.10 OPP–2004–0256 in the subject line on Planning and Review (58 FR 51735, ppm; Spanish lime at 0.10 ppm; the first page of your submission. All October 4, 1993). Because this rule has rambutan at 0.10 ppm; pulasan at 0.10 requests must be in writing, and must be been exempted from review under ppm; sugar apple at 0.10 ppm; atemoya mailed or delivered to the Hearing Clerk Executive Order 12866 due to its lack of at 0.10 ppm; custard apple at 0.10 ppm; on or before November 29, 2004. significance, this rule is not subject to cherimoya at 0.10 ppm; ilama at 0.10 Filing the request. Your objection Executive Order 13211, Actions ppm; soursop at 0.10 ppm; biriba at 0.10 must specify the specific provisions in Concerning Regulations That ppm; lingonberry at 0.10 ppm; the regulation that you object to, and the Significantly Affect Energy Supply, Juneberry at 0.10 ppm, salal at 0.10 grounds for the objections (40 CFR Distribution, or Use (66 FR 28355, May ppm; kiwifruit at 0.10 ppm; 178.25). If a hearing is requested, the 22, 2001). This final rule does not pomegranate at 0.10 at ppm; persimmon objections must include a statement of contain any information collections at 0.10 ppm; pawpaw at 0.10 ppm; palm the factual issues(s) on which a hearing subject to OMB approval under the heart at 0.10 ppm; palm heart, leaves at is requested, the requestor’s contentions Paperwork Reduction Act (PRA), 44 0.10 ppm; kava, kava at 0.10 ppm; ti, on such issues, and a summary of any U.S.C. 3501 et seq., or impose any leaves at 0.10 ppm; ti, roots at 0.10 ppm; evidence relied upon by the objector enforceable duty or contain any wasabit, roots at 0.10 ppm; cactus at d(40 CFR 178.27). Information unfunded mandate as described under 0.10 ppm; sorghum, sweet at 0.10 ppm; submitted in connection with an Title II of the Unfunded Mandates rapeseed, seed at 0.10 ppm; rapeseed, objection or hearing request may be Reform Act of 1995 (UMRA) (Public forage at 0.10 ppm; mustard, seed at claimed confidential by marking any Law 104–4). Nor does it require any 0.10 ppm; flax, seed at 0.10 ppm; part or all of that information as CBI. special considerations under Executive safflower, seed at 0.10 ppm; crambe, Information so marked will not be Order 12898, entitled Federal Actions to seed at 0.10 ppm; borage at 0.10 ppm; disclosed except in accordance with Address Environmental Justice in olive at 0.10 ppm; banana at 0.10 ppm; procedures set forth in 40 CFR part 2. Minority Populations and Low-Income cacao at 0.10 ppm; tea at 0.10 ppm; A copy of the information that does not Populations (59 FR 7629, February 16, mulberry, Indian at 0.10 ppm; vanilla at contain CBI must be submitted for 1994); or OMB review or any Agency 0.10 ppm; coffee at 0.10 ppm; inclusion in the public record. action under Executive Order 13045, horseradish at 0.10 ppm; fish at 0.30 Information not marked confidential entitled Protection of Children from ppm; shellfish at 0.30 ppm; meat, may be disclosed publicly by EPA Environmental Health Risks and Safety byproducts (cattle, goat, horse, and without prior notice. Risks (62 FR 19885, April 23, 1997). sheep) at 0.10 ppm; meat (cattle, goat, Mail your written request to: Office of This action does not involve any horse, and sheep) at 0.10 ppm; fat the Hearing Clerk (1900L), technical standards that would require (cattle, goat, horse, and sheep) at 0.10 Environmental Protection Agency, 1200 Agency consideration of voluntary ppm and milk at 0.05 ppm. Pennsylvania Ave., NW., Washington, consensus standards pursuant to section DC 20460–0001. You may also deliver 12(d) of the National Technology VII. Objections and Hearing Requests your request to the Office of the Hearing Transfer and Advancement Act of 1995 Under section 408(g) of FFDCA, as Clerk in Suite 350, 1099 14th St., NW., (NTTAA), Public Law 104–113, section amended by FQPA, any person may file Washington, DC 20005. The Office of 12(d) (15 U.S.C. 272 note). Since an objection to any aspect of this the Hearing Clerk is open from 8 a.m. tolerances and exemptions that are regulation and may also request a to 4 p.m., Monday through Friday, established on the basis of a petition hearing on those objections. The EPA excluding legal holidays. The telephone under section 408(d) of the FFDCA, procedural regulations which govern the number for the Office of the Hearing such as the tolerance in this final rule, submission of objections and requests Clerk is (202) 564–6255. do not require the issuance of a for hearings appear in 40 CFR part 178. proposed rule, the requirements of the Although the procedures in those B. When Will the Agency Grant a Regulatory Flexibility Act (RFA) (5 regulations require some modification to Request for a Hearing? U.S.C. 601 et seq.) do not apply. In reflect the amendments made to FFDCA A request for a hearing will be granted addition, the Agency has determined by FQPA, EPA will continue to use if the Administrator determines that the that this action will not have a those procedures, with appropriate material submitted shows the following: substantial direct effect on States, on the adjustments, until the necessary There is a genuine and substantial issue relationship between the national modifications can be made. The new of fact; there is a reasonable possibility government and the States, or on the section 408(g) of FFDCA provides that available evidence identified by the distribution of power and essentially the same process for persons requestor would, if established resolve responsibilities among the various

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levels of government, as specified in report containing this rule and other Commodity Parts per million Executive Order 13132, entitled required information to the U.S. Senate, Federalism (64 FR 43255, August 10, the U.S. House of Representatives, and Herb and Spices, group 1999). Executive Order 13132 requires the Comptroller General of the United 19 ...... 2.0 EPA to develop an accountable process States prior to publication of this final Hops, dried cones ...... 0.10 to ensure ‘‘meaningful and timely input rule in the Federal Register. This final Horseradish ...... 0.10 by State and local officials in the Ilama ...... 0.10 rule is not a ‘‘major rule’’ as defined by Jaboticaba ...... 0.10 development of regulatory policies that 5 U.S.C. 804(2). Juneberry ...... 0.10 have federalism implications.’’ ‘‘Policies List of Subjects in 40 CFR Part 180 Kava, Kava ...... 0.10 that have federalism implications’’ is Kiwi fruit ...... 0.10 defined in the Executive Order to Environmental protection, Lingonberry ...... 0.10 include regulations that have Administrative practice and procedure, Longan ...... 0.10 ‘‘substantial direct effects on the States, Agricultural commodities, Pesticides Lychee ...... 0.10 on the relationship between the national and pests, Reporting and recordkeeping Mango ...... 0.10 government and the States, or on the requirements. Meat, (cattle, goat, horse, distribution of power and and sheep) ...... 0.10 Dated: September 16, 2004. Meat, byproducts, cattle, responsibilities among the various Lois Rossi, levels of government.’’ This final rule goat, horse, and Director, Registration Division, Office of sheep) ...... 0.10 directly regulates growers, food Pesticide Programs. Milk ...... 0.05 processors, food handlers and food I Mulberry, Indian ...... 0.10 retailers, not States. This action does not Therefore, 40 CFR chapter I is amended as follows: Mustard, seed ...... 0.10 alter the relationships or distribution of Nut, tree, group 14 ...... 0.10 power and responsibilities established PART 180—[AMENDED] Okra ...... 0.10 by Congress in the preemption Olive ...... 0.10 provisions of section 408(n)(4) of the I 1. The authority citation for part 180 Palm heart ...... 0.10 FFDCA. For these same reasons, the continues to read as follows: Palm heart, leaves ...... 0.10 Papaya ...... 0.10 Agency has determined that this rule Authority: 21 U.S.C. 321(q), 346a and 371. does not have any ‘‘tribal implications’’ Passionfruit ...... 0.10 I 2. Section 180.515(a) is amended by as described in Executive Order 13175, Pawpaw ...... 0.10 alphabetically adding the following Peanut ...... 0.10 entitled Consultation and Coordination commodities to the table in paragraph (a) Peanut, hay ...... 0.10 with Indian Tribal Governments (65 FR to read as follows: Persimmon ...... 0.10 67249, November 6, 2000). Executive Pistachio ...... 0.10 Order 13175, requires EPA to develop § 180.515 Carfentrazone-ethyl; tolerances Pomegranate ...... 0.10 an accountable process to ensure for residues. Pummelo ...... 0.10 ‘‘meaningful and timely input by tribal (a)*** Pusalan ...... 0.10 officials in the development of Rambutan ...... 0.10 regulatory policies that have tribal Commodity Parts per million Rapeseed, forage ...... 0.10 implications.’’ ‘‘Policies that have tribal Rapeseed, seed ...... 0.10 implications’’ is defined in the Acerola ...... 0.10 ***** Executive Order to include regulations Almond, hull ...... 0.20 Safflower, seed ...... 0.10 that have ‘‘substantial direct effects on Atemoya ...... 0.10 Salal ...... 0.10 Sapodilla ...... 0.10 one or more Indian tribes, on the Avocado ...... 0.10 Banana ...... 0.20 Sapote, black ...... 0.10 relationship between the Federal Berry, group 13 ...... 0.10 Sapote, mamey ...... 0.10 Government and the Indian tribes, or on Birida ...... 0.10 Shellfish ...... 0.30 the distribution of power and Borage ...... 0.10 Sorghum, sweet ...... 0.10 responsibilities between the Federal Cacao ...... 0.10 Soursop, group ...... 0.10 Government and Indian tribes.’’ This Cactus ...... 0.10 ***** rule will not have substantial direct ***** Spanish lime ...... 0.10 effects on tribal governments, on the Canistel ...... 0.10 Star apple ...... 0.10 relationship between the Federal Canola ...... 0.10 Starfruit ...... 0.10 Government and Indian tribes, or on the Cherimoya ...... 0.10 Stevia ...... 0.10 distribution of power and Coffee ...... 0.10 Strawberry ...... 0.10 Coconut ...... 0.10 Strawberrypear ...... 0.10 responsibilities between the Federal ***** Sugar, apple ...... 0.10 Government and Indian tribes, as Crambe, seed ...... 0.10 Sugarcane ...... 0.10 specified in Executive Order 13175. Custard apple ...... 0.10 Sunflower, seed ...... 0.10 Thus, Executive Order 13175 does not Date ...... 0.10 Tea ...... 0.10 apply to this rule. Fat (cattle, goat, horse, Ti, leaves ...... 0.10 and sheep) ...... 0.10 Ti, roots ...... 0.10 IX. Congressional Review Act Feijoa ...... 0.10 Vanilla ...... 0.10 The Congressional Review Act, 5 Fig ...... 0.10 Vegetable, bulb, group U.S.C. 801et seq., as added by the Small Fish ...... 0.30 03 ...... 0.10 Business Regulatory Enforcement Flax, seed ...... 0.10 Vegetable, brassica, Fairness Act of 1996, generally provides Fruit, citrus, group 10 ..... 0.10 leafy, group 05 ...... 0.10 Fruit, pome, group 11 ..... 0.10 Vegetable, cucurbit, that before a rule may take effect, the Fruit, stone, group 12 ..... 0.10 group 09 ...... 0.10 agency promulgating the rule must ***** Vegetable, foliage of leg- submit a rule report, which includes a Grape ...... 0.10 ume (except soybean), copy of the rule, to each House of the Grass, forage ...... 5.0 group 07 ...... 0.10 Congress and to the Comptroller General Grass, hay ...... 8.0 Vegetable, fruiting, group of the United States. EPA will submit a Guava ...... 0.10 8 ...... 0.10

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Commodity Parts per million docket for this action under docket whether this action might apply to identification (ID) number OPP–2004– certain entities. If you have any Vegetable, legume, 0260. All documents in the docket are questions regarding the applicability of group 06 ...... 0.10 listed in the EDOCKET index at http:/ this action to a particular entity, consult Vegetable, leafy, except /www.epa.gov/edocket. Although listed the person listed under FOR FURTHER brassica, group 04 ...... 0.10 in the index, some information is not INFORMATION CONTACT. Vegetable, leaves of root publicly available, i.e., Confidential and tuber, group 02 .... 0.10 B. How Can I Access Electronic Copies Vegetable, root and Business Information (CBI) or other information whose disclosure is of this Document and Other Related tuber, group 01 ...... 0.10 Information? Wasabia, roots ...... 0.10 restricted by statute. Certain other Wax, Jambu ...... 0.10 material, such as copyrighted material, In addition to using EDOCKET, http:/ is not placed on the Internet and will be /www.epa.gov/edocket/, you may access * * * * * publicly available only in hard copy this Federal Register document form. Publicly available docket electronically through the EPA Internet [FR Doc. 04–21586 Filed 9–28–04; 8:45 am] materials are available either under the ‘‘Federal Register’’ listings at BILLING CODE 6560–50–S electronically in EDOCKET or in hard http://www.epa.gov/fedrgstr/. A copy at the Public Information and frequently updated electronic version of ENVIRONMENTAL PROTECTION Records Integrity Branch (PIRIB), Rm. 40 CFR part 180 is available at E-CFR AGENCY 119, Crystal Mall #2, 1801 S. Bell St., Beta Site Two at http:// Arlington, VA. This docket facility is www.gpoaccess.gov/ecfr/. open from 8:30 a.m. to 4 p.m., Monday 40 CFR Part 180 II. Background through Friday, excluding legal [OPP–2004–0260; FRL–7679–7] holidays. The docket telephone number A. What Action is the Agency Taking? Allethrin, Bendiocarb, Burkholderia is (703) 305–5805. In the Federal Register of July 7, 2004 cepacia, Fenridazon potassium, and FOR FURTHER INFORMATION CONTACT: (69 FR 40831) (FRL–7362–2), EPA Molinate; Tolerance Actions Joseph Nevola, Special Review and issued a proposed rule to revoke certain Reregistration Division (7508C), Office tolerances and tolerance exemptions for AGENCY: Environmental Protection of Pesticide Programs, Environmental residues of the insecticides allethrin and Agency (EPA). Protection Agency, 1200 Pennsylvania bendiocarb, plant growth regulator ACTION: Final rule. Ave., NW., Washington, DC 20460– fenridazon potassium, herbicide 0001; telephone number: (703) 308– molinate, and biological pesticide SUMMARY: EPA is revoking all tolerances 8037; e-mail address: Burkholderia cepacia. Also, the July 7, for residues of the insecticides allethrin [email protected]. 2004 proposal provided a 60–day and bendiocarb, plant growth regulator SUPPLEMENTARY INFORMATION: comment period which invited public fenridazon potassium, herbicide comment for consideration and for molinate, and biological pesticide I. General Information support of tolerance retention under the Burkholderia cepacia because EPA A. Does this Action Apply to Me? Federal Food, Drug, and Cosmetic Act canceled food registrations or deleted You may be potentially affected by (FFDCA) standards. food uses from registrations following In this final rule, EPA is revoking requests for voluntary cancellation or this action if you are an agricultural producer, food manufacturer, or certain tolerances and tolerance use deletion by the registrants. The exemptions for residues of the regulatory actions in this document pesticide manufacturer. Potentially affected entities may include, but are insecticides allethrin and bendiocarb, contribute toward the Agency’s plant growth regulator fenridazon tolerance reassessment requirements of not limited to: • potassium, herbicide molinate, and the the Federal Food, Drug, and Cosmetic Crop production (NAICS 111), e.g., agricultural workers; greenhouse, biological pesticide Burkholderia Act (FFDCA) section 408(q), as amended cepacia because these specific by the Food Quality Protection Act nursery, and floriculture workers; farmers. tolerances and exemptions correspond (FQPA) of 1996. By law, EPA is required • to uses no longer current or registered by August 2006, to reassess the Animal production (NAICS 112), e.g., cattle ranchers and farmers, dairy under FIFRA in the United States. The tolerances in existence on August 2, tolerances revoked by this final rule are 1996. The regulatory actions in this cattle farmers, livestock farmers. • Food manufacturing (NAICS 311), no longer necessary to cover residues of document pertain to the revocation of the relevant pesticides in or on 110 tolerances and tolerance e.g., agricultural workers; farmers; greenhouse, nursery, and floriculture domestically treated commodities or exemptions of which 106 count as commodities treated outside but tolerance reassessments toward the workers; ranchers; pesticide applicators. • Pesticide manufacturing (NAICS imported into the United States. It is August 2006 review deadline. 32532), e.g., agricultural workers; EPA’s general practice to revoke those DATES: This regulation is effective commercial applicators; farmers; tolerances and tolerance exemptions for September 29, 2004. However, certain greenhouse, nursery, and floriculture residues of pesticide active ingredients regulatory actions will not occur until workers; residential users. on crop uses for which there are no the date specified in the regulatory text. This listing is not intended to be active registrations under FIFRA, unless Objections and requests for hearings exhaustive, but rather provides a guide any person in comments on the must be received on or before November for readers regarding entities likely to be proposal indicates a need for the 29, 2004. affected by this action. Other types of tolerance or tolerance exemption to ADDRESSES: To submit a written entities not listed in this unit could also cover residues in or on imported objection or hearing request follow the be affected. The North American commodities or domestic commodities detailed instructions as provided in Industrial Classification System legally treated. Unit IV. of the SUPPLEMENTARY (NAICS) codes have been provided to EPA has historically expressed a INFORMATION. EPA has established a assist you and others in determining concern that retention of tolerances that

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are not necessary to cover residues in or that their current active registered uses tolerances to be counted toward on legally treated foods has the potential are not associated with any of the reassessment, the tolerance for to encourage misuse of pesticides existing tolerances in 40 CFR 180.113 or huckleberry is counted with blueberry, within the United States. Thus, it is tolerance exemptions in 40 CFR the tolerance for plum is counted with EPA’s policy to issue a final rule 180.1002 for allethrin (004001). The plum, prune, fresh; the tolerance revoking those tolerances for residues of allethrin stereoisomers are primarily exemption for escarole is counted with pesticide chemicals for which there are used as flying insect killers and endive; and the tolerance exemption for no active registrations under FIFRA, repellents. sorghum milo is counted with the unless any person commenting on the EPA defines the tolerances and sorghum grain exemption. proposal demonstrates a need for the exemptions in 40 CFR 180.113 and 2. Bendiocarb. On April 26, 2002 (67 tolerance to cover residues in or on 180.1002 as pertaining solely to FR 20767) (FRL–6833–8), EPA imported commodities or domestic allethrin (004001) as the active published a notice in the Federal commodities legally treated. ingredient. This is the earliest form of Register under section 6(f)(1) of FIFRA Generally, EPA will proceed with the the allethrin stereoisomers, and may be announcing its receipt of a request from revocation of these tolerances on the referred to as a racemic mixture. the registrant for cancellation of the last grounds discussed in Unit II.A. if one of Because there are no active registrations active bendiocarb registrations for food the following conditions applies: for use of allethrin (004001) on use. EPA approved the registrants’ 1. Prior to EPA’s issuance of a section commodities associated with these requests for voluntary cancellation and 408(f) order requesting additional data tolerances or tolerance exemptions, issued cancellation orders with an or issuance of a section 408(d) or (e) these tolerances and tolerance effective date of October 24, 2002, and order revoking the tolerances on other exemptions are no longer needed. allowed the registrant to sell and grounds, commenters retract the Therefore, EPA is revoking the 30 distribute existing stocks for a period of comment identifying a need for the tolerances in 40 CFR 180.113 for 12 months after the cancellation request tolerance to be retained. residues of allethrin in or on apple, was received; i.e., until approximately 2. EPA independently verifies that the postharvest; barley, grain, postharvest; April 26, 2003. There are no active tolerance is no longer needed. blackberry, postharvest; blueberry, registrations and the tolerances are no 3. The tolerance is not supported by postharvest; boysenberry, postharvest; longer needed. Therefore, EPA is data that demonstrate that the tolerance cherry, postharvest; corn, grain, revoking the non-numerical tolerances meets the requirements under FQPA. postharvest; crabapple, postharvest; in 40 CFR 180.530 for residues of the Today’s final rule does not revoke currant, postharvest; dewberry, insecticide 2,2-dimethyl-1,3- those tolerances for which EPA received postharvest; fig, postharvest; gooseberry, benzodioxol-4-yl methylcarbamate, comments stating a need for the postharvest; grape, postharvest; guava, known as bendiocarb, in or on tolerance to be retained. In response to postharvest; huckleberry, postharvest; processed food and animal feed with an the proposal published in the Federal loganberry, postharvest; mango, expiration/revocation date of April 26, Register of July 7, 2004 (69 FR 40831), postharvest; muskmelon, postharvest; 2005, in order to allow end-users EPA received one comment during the oat, grain, postharvest; orange, sufficient time to exhaust existing 60–day comment period, as follows: postharvest; peach, postharvest; pear, stocks. Comment. EPA received a comment postharvest; pineapple, postharvest; 3. Burkholderia cepacia type from the California Rice Commission plum, postharvest; plum, prune, fresh, Wisconsin. On August 28, 2002 (67 FR (CRC), who expressed support for EPA’s postharvest; raspberry, postharvest; rye, 55236) (FRL–7189–4), EPA published a decision to revoke the tolerances for grain, postharvest; sorghum, grain, notice in the Federal Register under residues of molinate in or on rice grain grain, postharvest; tomato, postharvest; section 6(f)(1) of FIFRA announcing its and rice straw, each with an expiration and wheat, grain, postharvest. Note, receipt of a request from the registrant date of September 1, 2009. Also, the huckleberry was listed separately from for cancellation of the last active CRC expressed support for the molinate blueberry and plum was listed Burkholderia cepacia type Wisconsin 5–year phase out and stated that the separately from plum, prune, fresh in a registrations for food use. EPA approved phase out allows rice growers a phase in final rule published in the Federal the registrant’s requests for voluntary period for newer pesticides while the Register of July 1, 2003 (68 FR 39435) cancellation and issued cancellation registrants work with EPA in bringing (FRL–7316–9), which revised tolerance orders with an effective date of February replacement products to market. The nomenclatures. 27, 2003, and allowed the registrant to CRC described itself as a statutory Also, EPA is revoking 43 tolerance sell and distribute existing stocks for a organization representing 2,500 rice exemptions in 40 CFR 180.1002 for period of 12 months after the growers who farm approximately residues of allethrin in or on apples, cancellation request was received; i.e., 500,000 acres of California farmland. artichokes (Jerusalem), beans, beets, until May 13, 2003. The Agency Agency response. EPA appreciates the beets, sugar; broccoli, Brussels sprouts, believes that sufficient time has passed support of the CRC on the phase out of cabbage, carrots, cauliflower, celery, for stocks to have been exhausted and molinate, which has been a tool for chickory, chinese cabbage, citrus, for treated commodities to have cleared California rice growers in controlling collards, corn, endive, escarole, garlic, the channels of trade. Because there are pests. The phase out and tolerance horseradish, kale, kohlrabi, leeks, no active registrations and the tolerance revocations for molinate are discussed lettuce, mushrooms, mustard greens, exemption is no longer needed, EPA is in detail elsewhere in this document. onions, parsley, parsnips, peaches, revoking the tolerance exemption in 40 1. Allethrin. Many food use pears, peppers, potatoes, radishes, CFR 180.1115 for residues of registrations for allethrin were canceled rutabagas, salsify, shallots, sorghum Burkholderia cepacia type Wisconsin in in 1989 and 1991 due to non-payment (milo), sorghum, grain; spinach, sweet or on all raw agricultural commodities of maintenance fees. After reviewing potatoes, tomatoes, and turnips. when applied to plant roots and labels for allethrin stereoisomer active For FQPA tolerance reassessment seedling roots, or as a seed treatment for ingredients (bioallethrin, 004003; s- purposes, EPA will count the 73 growing agricultural crops. bioallethrin, 004004; and d-cis-trans- revocations as a total of 69 tolerance 4. Fenridazon potassium. On July 25, allethrin, 004005), EPA has determined reassessments because in the baseline of 2003 (68 FR 44081) (FRL–7315–6), EPA

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published a notice in the Federal comply with the sale or distribution effective on September 29, 2004. With Register under section 6(f)(1) of FIFRA limits contained in the molinate the exception of bendiocarb and announcing its receipt of a request from registration constitutes grounds for molinate, the Agency believes that the registrant for cancellation of the last immediate cancellation of the existing stocks of pesticide products active fenridazon potassium product registration without opportunity for a labeled for the uses associated with the registration. EPA approved the hearing. revoked tolerances have been registrants’ requests for voluntary After June 30, 2008, the registrants completely exhausted and that treated cancellation and issued cancellation may not sell or distribute any molinate commodities have cleared the channels orders on November 5, 2003 (68 FR products except to distribute the of trade. EPA is revoking certain 62582) (FRL–7328–7), with an effective molinate active ingredient in 2009 for bendiocarb and molinate tolerances date of November 5, 2003. The registrant the purposes of facilitating usage by with expiration/revocation dates of has not manufactured the canceled August 31, 2009. No use of products April 26, 2005, and September 1, 2009, product since 1989. No existing stocks containing molinate will be permitted respectively. are expected to be in the channels of after the 2009 growing season (August Any commodities listed in the trade. No active registrations exist and 31, 2009). Currently, this is a state regulatory text of this document that are therefore the tolerances are no longer registration under FIFRA section 24, treated with the pesticides subject to needed. Consequently, EPA is revoking active only in California, Tennessee, this final rule, and that are in the the tolerances in 40 CFR 180.423 for and Texas. Because the tolerances on channels of trade following the residues of the hybridizing agent rice are no longer needed beyond the tolerance revocations, shall be subject to potassium salt of fenridazon in or on 2009 growing season, EPA is revoking FFDCA section 408(1)(5), as established cattle, fat; cattle, kidney; cattle, liver; the tolerances in 40 CFR 180.228 for by the FQPA. Under this section, any cattle, meat; cattle, meat byproducts; residues of the herbicide S-ethyl residue of these pesticides in or on such egg; goat, fat; goat, kidney; goat, liver; hexahydro-1H-azepine-1-carbothioate, food shall not render the food goat, meat; goat, meat byproducts; hog, known as molinate, in or on rice, grain adulterated so long as it is shown to the fat; hog, kidney; hog, liver; hog, meat; and rice, straw with an expiration/ satisfaction of the Food and Drug hog, meat byproducts; horse, fat; horse, revocation date of September 1, 2009. Administration (FDA) that: (1) The kidney; horse, liver; horse, meat; horse, Also, in 40 CFR 180.228, EPA is residue is present as the result of an meat byproducts; milk; poultry, fat; removing the ‘‘(N)’’ designation from all application or use of the pesticide at a poultry, meat; poultry, meat byproducts; entries to conform to current Agency time and in a manner that was lawful sheep, fat; sheep, kidney; sheep, liver; administrative practice (‘‘(N)’’ under FIFRA, and (2) the residue does sheep, meat; sheep, meat byproducts; designation means negligible residues). not exceed the level that was authorized at the time of the application or use to wheat, grain; and wheat, straw. B. What is the Agency’s Authority for 5. Molinate. On September 17, 2003 be present on the food under a tolerance Taking this Action? (68 FR 54451) (FRL–7324–7), EPA or exemption from a tolerance. Evidence published a notice in the Federal It is EPA’s general practice to propose to show that food was lawfully treated Register under section 6(f)(1) of FIFRA revocation of tolerances for residues of may include records that verify the announcing its receipt of requests from pesticide active ingredients on crop uses dates that the pesticide was applied to the registrants to voluntarily cancel for which FIFRA registrations no longer such food. registrations of all their molinate exist. EPA has historically been D. What is the Contribution to Tolerance products, and to modify the terms and concerned that retention of tolerances Reassessment? conditions of their molinate that are not necessary to cover residues registrations. After considering in or on legally treated foods may By law, EPA is required by August comments received, EPA decided to encourage misuse of pesticides within 2006, to reassess the tolerances in accept the registrants’ requests for the United States. Nonetheless, EPA existence on August 2, 1996. As of voluntary cancellation. On April 7, 2004 will establish and maintain tolerances September 15, 2004, EPA has reassessed (69 FR 18368) (FRL–7350–9), the even when corresponding domestic uses over 6,840 tolerances. In this final rule, Agency issued a cancellation order with are canceled if the tolerances, which EPA is revoking a total of 110 tolerances an effective date of June 30, 2008, and EPA refers to as ‘‘import tolerances,’’ are and tolerance exemptions. For FQPA a modification of the terms and necessary to allow importation into the tolerance reassessment counting conditions of the molinate registrations. United States of food containing such purposes, EPA counts the 73 The 2002 sales level of the molinate pesticide residues. However, where revocations for allethrin as 69 active ingredient will be the maximum there are no imported commodities that reassessments because the tolerances for amount that the registrants will sell or require these import tolerances, the huckleberry and plum are counted with distribute in 2004, 2005, and 2006. The Agency believes it is appropriate to blueberry and plum, prune, fresh; registrants may not sell or distribute any revoke tolerances for unregistered respectively, and the tolerance more than 75% of the 2002 sales levels pesticides in order to prevent potential exemptions for escarole and sorghum in the year 2007, and sell or distribute misuse. milo are counted with endive and more than 50% of the 2002 sales levels sorghum grain, respectively. Therefore, C. When Do These Actions Become in the year 2008. 106 tolerances/exemptions are counted Effective? As stated in the cancellation order of as reassessed toward the August 2006 April 7, 2004 (69 FR 18368), registrants With the exception of certain review deadline of FFDCA section will provide annual production/sales tolerances for bendiocarb and molinate, 408(q), as amended by FQPA in 1996. reports to EPA beginning in the year for which EPA is revoking certain 2004 through 2009, and inventory tolerances/exemptions with specific III. Are There Any International Trade reports for the years 2007, 2008, and expiration/revocation dates, the Agency Issues Raised by this Final Action? 2009. These reports will be submitted is revoking specific tolerances/ EPA is working to ensure that the U.S. by September 30 of each year to the exemptions for allethrin, Burkholderia tolerance reassessment program under Agency’s Chemical Review Manager for cepacia, and fenridazon potassium, and FQPA does not disrupt international molinate. Failure by either registrant to revising commodity terminologies trade. EPA considers Codex Maximum

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Residue Limits (MRLs) in setting U.S. you must identify docket ID number You may also submit an electronic copy tolerances and in reassessing them. OPP–2004–0260 in the subject line on of your request at many Federal MRLs are established by the Codex the first page of your submission. All Depository Libraries. Committee on Pesticide Residues, a requests must be in writing, and must be B. When Will the Agency Grant a committee within the Codex mailed or delivered to the Hearing Clerk Request for a Hearing? Alimentarius Commission, an on or before November 29, 2004. international organization formed to 1. Filing the request. Your objection A request for a hearing will be granted promote the coordination of must specify the specific provisions in if the Administrator determines that the international food standards. When the regulation that you object to, and the material submitted shows the following: possible, EPA seeks to harmonize U.S. grounds for the objections (40 CFR There is a genuine and substantial issue tolerances with Codex MRLs. EPA may 178.25). If a hearing is requested, the of fact; there is a reasonable possibility establish a tolerance that is different objections must include a statement of that available evidence identified by the from a Codex MRL; however, FFDCA the factual issues(s) on which a hearing requestor would, if established resolve section 408(b)(4) requires that EPA is requested, the requestor’s contentions one or more of such issues in favor of explain in a Federal Register document on such issues, and a summary of any the requestor, taking into account the reasons for departing from the evidence relied upon by the objector (40 uncontested claims or facts to the Codex level. EPA’s effort to harmonize CFR 178.27). Information submitted in contrary; and resolution of the factual with Codex MRLs is summarized in the connection with an objection or hearing issues(s) in the manner sought by the tolerance reassessment section of request may be claimed confidential by requestor would be adequate to justify individual REDs. EPA has developed marking any part or all of that the action requested (40 CFR 178.32). guidance concerning submissions for information as CBI. Information so V. Statutory and Executive Order import tolerance support (65 FR 35069, marked will not be disclosed except in Reviews June 1, 2000) (FRL–6559–3). This accordance with procedures set forth in guidance will be made available to 40 CFR part 2. A copy of the This final rule revokes specific interested persons. Electronic copies are information that does not contain CBI tolerances established under section 408 available on the internet at http:// must be submitted for inclusion in the of FFDCA. The Office of Management www.epa.gov/. On the Home Page select public record. Information not marked and Budget (OMB) has exempted this ‘‘Laws and Regulations,’’ then select confidential may be disclosed publicly type of action (i.e., a tolerance ‘‘Regulations and Proposed Rules’’ and by EPA without prior notice. revocation for which extraordinary then look up the entry for this document Mail your written request to: Office of circumstances do not exist) from review under ‘‘Federal Register--Environmental the Hearing Clerk (1900L), under Executive Order 12866, entitled Documents.’’ You can also go directly to Environmental Protection Agency, 1200 Regulatory Planning and Review (58 FR the ‘‘Federal Register’’ listings at http:/ Pennsylvania Ave., NW., Washington, 51735, October 4, 1993). Because this /www.epa.gov/fedrgstr/. DC 20460–0001. You may also deliver final rule has been exempted from your request to the Office of the Hearing review under Executive Order 12866 IV. Objections and Hearing Requests Clerk in Suite 350, 1099 14th St., NW., due to its lack of significance, this final Under section 408(g) of FFDCA, as Washington, DC 20005. The Office of rule is not subject to Executive Order amended by FQPA, any person may file the Hearing Clerk is open from 8 a.m. 13211, Actions Concerning Regulations an objection to any aspect of this to 4 p.m., Monday through Friday, That Significantly Affect Energy Supply, regulation and may also request a excluding legal holidays. The telephone Distribution, or Use (66 FR 28355, May hearing on those objections. The EPA number for the Office of the Hearing 22, 2001). This final rule does not procedural regulations which govern the Clerk is (202) 564–6255. contain any information collections submission of objections and requests 2. Copies for the Docket. In addition subject to OMB approval under the for hearings appear in 40 CFR part 178. to filing an objection or hearing request Paperwork Reduction Act (PRA), 44 Although the procedures in those with the Hearing Clerk as described in U.S.C. 3501 et seq., or impose any regulations require some modification to Unit IV.A.1., you should also send a enforceable duty or contain any reflect the amendments made to FFDCA copy of your request to the PIRIB for its unfunded mandate as described under by FQPA, EPA will continue to use inclusion in the official record that is Title II of the Unfunded Mandates those procedures, with appropriate described in ADDRESSES. Mail your Reform Act of 1995 (UMRA) (Public adjustments, until the necessary copies, identified by docket ID number Law 104–4). Nor does it require any modifications can be made. The new OPP–2004–0260, to: Public Information special considerations as required by section 408(g) of FFDCA provides and Records Integrity Branch, Executive Order 12898, entitled Federal essentially the same process for persons Information Resources and Services Actions to Address Environmental to ‘‘object’’ to a regulation for an Division (7502C), Office of Pesticide Justice in Minority Populations and exemption from the requirement of a Programs, Environmental Protection Low-Income Populations (59 FR 7629, tolerance issued by EPA under new Agency, 1200 Pennsylvania Ave., NW., February 16, 1994); or OMB review or section 408(d) of FFDCA, as was Washington, DC 20460–0001. In person any other Agency action under provided in the old sections 408 and or by courier, bring a copy to the Executive Order 13045, entitled 409 of FFDCA. However, the period for location of the PIRIB described in Protection of Children from filing objections is now 60 days, rather ADDRESSES. You may also send an Environmental Health Risks and Safety than 30 days. electronic copy of your request via e- Risks (62 FR 19885, April 23, 1997). mail to: [email protected]. Please use This action does not involve any A. What Do I Need to Do to File an an ASCII file format and avoid the use technical standards that would require Objection or Request a Hearing? of special characters and any form of Agency consideration of voluntary You must file your objection or encryption. Copies of electronic consensus standards pursuant to section request a hearing on this regulation in objections and hearing requests will also 12(d) of the National Technology accordance with the instructions be accepted on disks in WordPerfect Transfer and Advancement Act of 1995 provided in this unit and in 40 CFR part 6.1/8.0 or ASCII file format. Do not (NTTAA), Public Law 104–113, section 178. To ensure proper receipt by EPA, include any CBI in your electronic copy. 12(d) (15 U.S.C. 272 note). Pursuant to

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the Regulatory Flexibility Act (RFA) (5 67249, November 6, 2000). Executive I 3. Section 180.228 is amended by U.S.C. 601 et seq.), the Agency Order 13175, requires EPA to develop revising the table in paragraph (a) to read previously assessed whether revocations an accountable process to ensure as follows: of tolerances might significantly impact ‘‘meaningful and timely input by tribal a substantial number of small entities officials in the development of § 180.228 S-Ethyl hexahydro-1H-azepine-1- and concluded that, as a general matter, regulatory policies that have tribal carbothioate; tolerances for residues. these actions do not impose a significant implications.’’ ‘‘Policies that have tribal (a)*** economic impact on a substantial implications’’ is defined in the number of small entities. This analysis Executive Order to include regulations Expiration/ that have ‘‘substantial direct effects on Parts per was published on December 17, 1997 Commodity million Revocation (62 FR 66020), and was provided to the one or more Indian tribes, on the Date Chief Counsel for Advocacy of the Small relationship between the Federal Government and the Indian tribes, or on Rice, grain ...... 0.1 9/1/09 Business Administration. Taking into Rice, straw ...... 0.1 9/1/09 account this analysis, and available the distribution of power and information concerning the pesticides responsibilities between the Federal * * * * * listed in this rule, the Agency hereby Government and Indian tribes.’’ This rule will not have substantial direct certifies that this final rule will not have § 180.423 [Removed] a significant economic impact on a effects on tribal governments, on the relationship between the Federal substantial number of small entities. I 4. Section 180.423 is removed. Specifically, as per the 1997 notice, EPA Government and Indian tribes, or on the I 5. Section 180.530 is amended by has reviewed its available data on distribution of power and imports and foreign pesticide usage and responsibilities between the Federal revising paragraphs (a)(1) and (a)(2) to concludes that there is a reasonable Government and Indian tribes, as read as follows: specified in Executive Order 13175. international supply of food not treated § 180.530 2,2-Dimethyl-1,3-benzodioxol-4- with canceled pesticides. Furthermore, Thus, Executive Order 13175 does not apply to this rule. yl methylcarbamate; tolerances for for the pesticides named in this final residues. rule, the Agency knows of no VI. Congressional Review Act (a) General. (1) The insecticide 2,2- extraordinary circumstances that exist The Congressional Review Act, 5 as to the present revocations that would dimethyl-1,3-benzodioxol-4-yl U.S.C. 801 et seq., as added by the Small methylcarbamate may be safely used in change EPA’s previous analysis. In Business Regulatory Enforcement spot and/or crack and crevice treatments addition, the Agency has determined Fairness Act of 1996, generally provides in animal feed handling establishments, that this action will not have a that before a rule may take effect, the including feed manufacturing and substantial direct effect on States, on the agency promulgating the rule must relationship between the national submit a rule report, which includes a processing establishments, such as government and the States, or on the copy of the rule, to each House of the stores, supermarkets, dairies, meat distribution of power and Congress and to the Comptroller General slaughtering and packing plants, and responsibilities among the various of the United States. EPA will submit a canneries until the tolerance expiration/ levels of government, as specified in report containing this rule and other revocation date of April 26, 2005. Executive Order 13132, entitled required information to the U.S. Senate, (2) The insecticide 2,2-dimethyl-1,3- Federalism(64 FR 43255, August 10, the U.S. House of Representatives, and benzodioxol-4-yl methylcarbamate may 1999). Executive Order 13132 requires the Comptroller General of the United be safely used in spot and/or crack and EPA to develop an accountable process States prior to publication of this final crevice treatments in food handling to ensure ‘‘meaningful and timely input rule in the Federal Register. This final by State and local officials in the establishments, including food service, rule is not a ‘‘major rule’’ as defined by manufacturing and processing development of regulatory policies that 5 U.S.C. 804(2). have federalism implications.’’ ‘‘Policies establishments, such as restaurants, cafeterias, supermarkets, bakeries, that have federalism implications’’ is List of Subjects in 40 CFR Part 180 defined in the Executive Order to breweries, dairies, meat slaughtering include regulations that have Environmental protection, and packing plants, and canneries until ‘‘substantial direct effects on the States, Administrative practice and procedure, the tolerance expiration/revocation date on the relationship between the national Agricultural commodities, Pesticides of April 26, 2005. and pests, Reporting and recordkeeping government and the States, or on the * * * * * distribution of power and requirements. responsibilities among the various Dated: September 17, 2004. § 180.1002 [Removed] levels of government.’’ This final rule James Jones, I 6. Section 180.1002 is removed. directly regulates growers, food Director, Office of Pesticide Programs. processors, food handlers and food I retailers, not States. This action does not Therefore, 40 CFR chapter I is § 180.1115 [Removed] alter the relationships or distribution of amended as follows: I 7. Section 180.1115 is removed. power and responsibilities established PART 180—[AMENDED] by Congress in the preemption [FR Doc. 04–21695 Filed 9–28–04; 8:45 am] I provisions of section 408(n)(4) of 1. The authority citation for part 180 BILLING CODE 6560–50–S FFDCA. For these same reasons, the continues to read as follows: Agency has determined that this rule Authority: 21 U.S.C. 321(q), 346a and 371. does not have any ‘‘tribal implications’’ as described in Executive Order 13175, § 180.113 [Removed] entitled Consultation and Coordination with Indian Tribal Governments (65 FR I 2. Section 180.113 is removed.

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ENVIRONMENTAL PROTECTION I. General Information 1H-pyrrole-3-carbonitrile, in or on bean, dry and bean, succulent at 0.4 parts per AGENCY A. Does this Action Apply to Me? million (ppm) (PP 3E6701); citrus, crop 40 CFR Part 180 You may be potentially affected by group 10 at 10 ppm; citrus, dried pulp this action if you are an agricultural at 20 ppm, citrus, oil at 500 ppm, and [OPP–2004–0321; FRL–7682–3] producer, food manufacturer, or pomegranate at 2.0 ppm (PP 3E6803); pesticide manufacturer. Potentially fruit, pome, group 11 at 5.0 ppm, yam Fludioxonil; Pesticide Tolerances affected entities may include, but are at 8.0 ppm, and melon subgroup 9A at not limited to: 0.03 ppm (PP 3E6742); kiwifruit at 20 AGENCY: Environmental Protection • Crop production (NAICS 111), e.g., ppm (PP 3E6551); and leafy greens Agency (EPA). agricultural workers; greenhouse, subgroup 4A, except spinach at 30 ppm nursery, and floriculture workers; ACTION: Final rule. (PP 3E6639). That notice included a farmers. summary of the petitions prepared by • Animal production (NAICS 112), SUMMARY: This regulation establishes Syngenta Crop Protection, Incorporated, e.g., cattle ranchers and farmers, dairy tolerances for residues of fludioxonil in the registrant. Subsequently, PP 3E6803 cattle farmers, livestock farmers. has been amended to delete citrus, dried or on bean, dry; bean, succulent; citrus, • Food manufacturing (NAICS 311), crop group 10; fruit, pome, group 11; pulp at 20 ppm, and pomegranate at 2.0 e.g., agricultural workers; farmers; ppm. In addition, ‘‘citrus, oil’’ at 500 grapefruit, oil; kiwifruit; leafy greens greenhouse, nursery, and floriculture subgroup 4A, except spinach; melon ppm, and ‘‘yam’’ at 8.0 ppm has been workers; ranchers; pesticide applicators. translated to ‘‘grapefruit, oil’’ at 500 subgroup 9A; and yam, true. • Pesticide manufacturing (NAICS Interregional Research Project Number 4 ppm, and ‘‘yam, true’’ at 8.0, 32532), e.g., agricultural workers; respectively. There were no comments (IR–4) requested these tolerances under commercial applicators; farmers; the Federal Food, Drug, and Cosmetic received in response to the notice of greenhouse, nursery, and floriculture filing. Act (FFDCA), as amended by the Food workers; residential users. Section 408(b)(2)(A)(i) of FFDCA Quality Protection Act of 1996 (FQPA). This listing is not intended to be allows EPA to establish a tolerance (the DATES: This regulation is effective exhaustive, but rather provides a guide legal limit for a pesticide chemical September 29, 2004. Objections and for readers regarding entities likely to be residue in or on a food) only if EPA requests for hearings must be received affected by this action. Other types of determines that the tolerance is ‘‘safe.’’ on or before November 29, 2004. entities not listed in this unit could also Section 408(b)(2)(A)(ii) of FFDCA be affected. The North American defines ‘‘safe’’ to mean that ‘‘there is a ADDRESSES: To submit a written Industrial Classification System reasonable certainty that no harm will objection or hearing request follow the (NAICS) codes have been provided to result from aggregate exposure to the detailed instructions as provided in assist you and others in determining pesticide chemical residue, including Unit VI. of the SUPPLEMENTARY whether this action might apply to all anticipated dietary exposures and all INFORMATION. EPA has established a certain entities. If you have any other exposures for which there is docket for this action under Docket questions regarding the applicability of reliable information.’’ This includes identification (ID) number OPP–2004– this action to a particular entity, consult exposure through drinking water and in 0321. All documents in the docket are the person listed under FOR FURTHER residential settings, but does not include listed in the EDOCKET index at http:/ INFORMATION CONTACT. occupational exposure. Section /www.epa.gov/edocket. Although listed 408(b)(2)(C) of FFDCA requires EPA to B. How Can I Access Electronic Copies in the index, some information is not give special consideration to exposure of this Document and Other Related publicly available, i.e., CBI or other of infants and children to the pesticide Information? information whose disclosure is chemical residue in establishing a restricted by statute. Certain other In addition to using EDOCKET (http:/ tolerance and to ‘‘ensure that there is a material, such as copyrighted material, /www.epa.gov/edocket/), you may reasonable certainty that no harm will is not placed on the Internet and will be access this Federal Register document result to infants and children from publicly available only in hard copy electronically through the EPA Internet aggregate exposure to the pesticide form. Publicly available docket under the ‘‘Federal Register’’ listings at chemical residue....’’ materials are available either http://www.epa.gov/fedrgstr/. A EPA performs a number of analyses to electronically in EDOCKET or in hard frequently updated electronic version of determine the risks from aggregate copy at the Public Information and 40 CFR part 180 is available at E-CFR exposure to pesticide residues. For Records Integrity Branch (PIRIB), Rm. Beta Site Two at http:// further discussion of the regulatory 119, Crystal Mall #2, 1801 South Bell www.gpoaccess.gov/ecfr/. requirements of section 408 of FFDCA St., Arlington, VA. This docket facility and a complete description of the risk II. Background and Statutory Findings is open from 8:30 a.m. to 4 p.m., assessment process, see the final rule on Monday through Friday, excluding legal In the Federal Register of March 17, Bifenthrin Pesticide Tolerances (62 FR holidays. The docket telephone number 2004 (69 FR 12680) (FRL–7347–3), EPA 62961, November 26, 1997) (FRL–5754– is (703) 305–5805. issued a notice pursuant to section 7). FOR FURTHER INFORMATION CONTACT: 408(d)(3) of FFDCA, 21 U.S.C. 346a(d)(3), announcing the filing of III. Aggregate Risk Assessment and Sidney C. Jackson, Registration Division Determination of Safety (7505C), Office of Pesticide Programs, pesticide petitions (PP 3E6551, 3E6639, Environmental Protection Agency, 1200 3E6701, 3E6742, and 3E6803) by IR–4, Consistent with section 408(b)(2)(D) Pennsylvania Ave., NW.,Washington, 681 US Highway #1 South, New of FFDCA, EPA has reviewed the DC 20460–0001; telephone number: Brunswick, NJ 08902–3390. These available scientific data and other (703) 305–7610; e-mail address: petitions requested that 40 CFR 180.516 relevant information in support of this [email protected]. be amended by establishing tolerances action. EPA has sufficient data to assess for residues of the fungicide fludioxonil, the hazards of and to make a SUPPLEMENTARY INFORMATION: 4-(2,2-difluoro-1,3-benzodioxol-4-yl)- determination on aggregate exposure,

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consistent with section 408(b)(2) of animal data to humans and in the Population Adjusted Dose (aPAD or FFDCA, for tolerances for residues of variations in sensitivity among members cPAD) is a modification of the RfD to fludioxonil on bean, dry; bean, of the human population as well as accommodate this type of safety factor. succulent at 0.4 ppm; citrus, crop group other unknowns. An UF of 100 is For non-dietary risk assessments 10 at 10 ppm; fruit, pome, group 11 at routinely used, 10X to account for (other than cancer) the UF is used to 5.0 ppm; grapefruit, oil at 500 ppm; interspecies differences and 10X for determine the LOC. For example, when kiwifruit at 20 ppm; leafy greens intraspecies differences. 100 is the appropriate UF (10X to subgroup 4A, except spinach at 30 ppm; Three other types of safety or account for interspecies differences and melon subgroup 9A at 0.03; and yam, uncertainty factors may be used: 10X for intraspecies differences) the true at 8.0 ppm. EPA’s assessment of ‘‘Traditional uncertainty factors;’’ the LOC is 100. To estimate risk, a ratio of exposures and risks associated with ‘‘special FQPA safety factor;’’ and the the NOAEL to exposures (margin of establishing the tolerances follows. ‘‘default FQPA safety factor.’’ By the exposure (MOE) = NOAEL/exposure) is term ‘‘traditional uncertainty factor,’’ calculated and compared to the LOC. A. Toxicological Profile EPA is referring to those additional EPA has evaluated the available uncertainty factors used prior to FQPA The linear default risk methodology toxicity data and considered its validity, passage to account for database (Q*) is the primary method currently completeness, and reliability as well as deficiencies. These traditional used by the Agency to quantify the relationship of the results of the uncertainty factors have been carcinogenic risk. The Q* approach studies to human risk. EPA has also incorporated by the FQPA into the assumes that any amount of exposure considered available information additional safety factor for the will lead to some degree of cancer risk. concerning the variability of the protection of infants and children. The A Q* is calculated and used to estimate sensitivities of major identifiable term ‘‘special FQPA safety factor’’ refers risk which represents a probability of subgroups of consumers, including to those safety factors that are deemed occurrence of additional cancer cases infants and children. The nature of the necessary for the protection of infants (e.g., risk). An example of how such a toxic effects caused by fludioxonil as and children primarily as a result of the probability risk is expressed would be to well as the no observed adverse effect FQPA. The ‘‘default FQPA safety factor’’ describe the risk as one in one hundred -5 level (NOAEL) and the lowest observed is the additional 10X safety factor that thousand (1 X 10 ), one in a million (1 -6 -7 adverse effect level (LOAEL) from the is mandated by the statute unless it is X 10 ), or one in ten million (1 X 10 ). toxicity studies reviewed are discussed decided that there are reliable data to Under certain specific circumstances, in the Federal Register of December 29, choose a different additional factor MOE calculations will be used for the 2000 (65 FR 82927) (FRL–6760–9). (potentially a traditional uncertainty carcinogenic risk assessment. In this factor or a special FQPA safety factor). non-linear approach, a ‘‘point of B. Toxicological Endpoints For dietary risk assessment (other departure’’ is identified below which The dose at which no adverse effects than cancer) the Agency uses the UF to carcinogenic effects are not expected. are observed (the NOAEL) from the calculate an acute or chronic reference The point of departure is typically a toxicology study identified as dose (acute RfD or chronic RfD) where NOAEL based on an endpoint related to appropriate for use in risk assessment is the RfD is equal to the NOAEL divided cancer effects though it may be a used to estimate the toxicological level by an UF of 100 to account for different value derived from the dose of concern (LOC). However, the lowest interspecies and intraspecies differences response curve. To estimate risk, a ratio dose at which adverse effects of concern and any traditional uncertainty factors of the point of departure to exposure are identified (the LOAEL) is sometimes deemed appropriate (RfD = NOAEL/UF). (MOEcancer = point of departure/ used for risk assessment if no NOAEL Where a special FQPA safety factor or exposures) is calculated. was achieved in the toxicology study the default FQPA safety factor is used, A summary of the toxicological selected. An uncertainty factor (UF) is this additional factor is applied to the endpoints for fludioxonil used for applied to reflect uncertainties inherent RfD by dividing the RfD by such human risk assessment is shown in in the extrapolation from laboratory additional factor. The acute or chronic Table 1. of this unit:

TABLE 1.—SUMMARY OF TOXICOLOGICAL DOSE AND ENDPOINTS FOR FLUDIOXONIL FOR USE IN HUMAN RISK ASSESSMENT

Dose Used in Risk Assess- ment, Interspecies and Special FQPA SF and Exposure Scenario Intraspecies and any Tradi- Level of Concern for Risk Study and Toxicological Effects tional UF Assessment

Acute Dietary (Females 13–49 NOAEL = 100 mg/kg/day Special FQPA SF = 1X Developmental Toxicity Study years of age) UF = 100 aPAD = acute RfD ÷ Spe- LOAEL = 1,000 mg/kg/day based on in- Acute RfD = 1.0 mg/kg/day cial FQPA SF = 1.0 mg/ creased incidence of fetuses and litters with kg/day dilated renal pelvis and dilated ureter

Chronic Dietary (All popu- NOAEL = 3.3 mg/kg/day Special FQPA SF = 1X One year chronic toxicity study - dog lations) UF = 100 cPAD = chronic RfD ÷ LOAEL = 35.5 mg/kg/day based on decreased Chronic RfD = 0.03 mg/kg/ Special FQPA SF = 0.03 body weight gain in female dogs day mg/kg/day

Incidental Oral, Short-Term Oral study NOAEL = 10 mg/ LOC for MOE = 100 (Resi- Rabbit developmental study Dermal kg/day dential) LOAEL = 100 mg/kg/day based on decreased body weight gain during gestation

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TABLE 1.—SUMMARY OF TOXICOLOGICAL DOSE AND ENDPOINTS FOR FLUDIOXONIL FOR USE IN HUMAN RISK ASSESSMENT—Continued

Dose Used in Risk Assess- ment, Interspecies and Special FQPA SF and Exposure Scenario Intraspecies and any Tradi- Level of Concern for Risk Study and Toxicological Effects tional UF Assessment

Incidental Oral, Intermediate- Oral study NOAEL = 3.3 mg/ LOC for MOE = 100 (Resi- One year chronic toxicity study - dog Term Dermal kg/day dential) LOAEL = 35.5 mg/kg/day based on decreased body weight gain in female dogs

Short- and Intermediate-Term None No systemic toxicity was Endpoint was not selected Dermal (1–30 days and 1–6 seen at the limit dose months) (Occupational/Resi- (1,000 mg/kg/day) in the dential) 28-day dermal toxicity study in rats. Addition- ally, there were no de- velopmental concerns. There risk assessments are not required

Long-Term Dermal (6 months- Oral study NOAEL = 3.3 mg/ LOC for MOE = 100 (Oc- One year chronic toxicity study - dog lifetime) (Occupational/Resi- kg/day (dermal absorption cupational) LOAEL = 35.5 mg/kg/day based on decreased dential) rate = 40% when appro- LOC for MOE = 100 (Resi- body weight gain in females dogs priate) dential)

Short-Term Inhalation (1 to 30 Inhalation (or oral) study LOC for MOE = 100 (Oc- Rabbit developmental study days) (Inhalation) NOAEL = 10 mg/kg/day cupational) LOAEL = 100 mg/kg/day based on decreased (inhalation absorption rate LOC for MOE = 100 (Resi- body weight gain during gestation = 100%) dential)

Intermediate-Term Inhalation (1 Oral study NOAEL = 3.3 mg/ LOC for MOE = 100 (Oc- One year chronic toxicity study month–6 months) (Inhalation) kg/day (inhalation absorp- cupational) LOAEL = 35.5 mg/kg/day based on decreased tion rate = 100%) LOC for MOE = 100 (Resi- body weight gain in female dogs dential)

Long-Term Inhalation (6 Oral study NOAEL= 3.3 mg/ LOC for MOE = 100 (Oc- One year chronic toxicity study - dog months-lifetime) (Occupa- kg/day (inhalation absorp- cupational) LOAEL = 35.5 mg/kg/day based on decreased tional/Residential) tion rate = 100%) LOC for MOE = 100 (Resi- body weight gain in female dogs dential)

Cancer (oral, dermal, inhala- ‘‘Group D’’ - not classified as Not applicable Acceptable oral rat and mouse carcinogenicity tion) to human carcinogenicity studies; evidence of carcinogenic and muta- via relevant routes of expo- genic potential sure

C. Exposure Assessment legume vegetables, and watercress. Risk Tier 1 acute dietary exposure assessments were conducted by EPA to assessment used tolerance-level residue 1. Dietary exposure from food and assess dietary exposures from values and 100% crop treated (CT) as feed uses. Tolerances have been fludioxonil in food as follows: assumptions for all of the registered and established (40 CFR 180.516) for the i. Acute exposure. Acute dietary risk proposed uses. residues of fludioxonil, in or on a assessments are performed for a food- ii. Chronic exposure. In conducting variety of raw agricultural commodities use pesticide, if a toxicological study the chronic dietary risk assessment EPA which includes the following: Brassica, has indicated the possibility of an effect used the DEEM-FCIDTM, which head and stem, Brassica, leafy greens, of concern occurring as a result of a one- incorporates food consumption data as bushberry, caneberry, carrot, cereal day or single exposure. reported by respondents in the USDA grain, forage, fodder, and straw, cotton In conducting the acute dietary risk 1994–1996 and 1998 Nationwide CSFII, gin byproducts, cotton, undelinted seed, assessment EPA used the Dietary and accumulated exposure to the flax, seed, grape, grass, forage, fodder Exposure Evaluation Model software chemical for each commodity. The and hay, herb and spice group, with the Food Commodity Intake following assumptions were made for juneberry, leafy vegetables except Database (DEEM-FCIDTM), which the chronic exposure assessments: A Brassica, lingonberry, longan, lychee, incorporates food consumption data as partially refined, Tier 2 chronic dietary non-grass animal feed, dry bulb and reported by respondents in the United exposure assessment was conducted for green onion, peanut hay, peanut, States Department of Agriculture the general U.S. population and related pistachio, pulasan, rambutan, rapeseed (USDA) 1994–1996 and 1998 population subgroups. Tolerance-level and rapeseed forage, safflower seed, Nationwide Continuing Surveys of Food values and a default of 100% CT were salal, Spanish lime, stone fruit, Intake by Individuals (CSFII), and used for all the current and proposed strawberry, sunflower seed, turnip accumulated exposure to the chemical fludioxonil tolerances except for apple, greens, bulb vegetables, cucurbit for each commodity. The following grapefruit, lemon, lime, orange, and vegetables, fruiting legume vegetables, assumptions were made for the acute pear. Average application rate (AR) root and tuber vegetables, foliage of exposure assessments: An unrefined, values replaced tolerances for apple,

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grapefruit, lemon, lime, orange, and comparison against the model estimates 4. Cumulative effects from substances pear. In addition, processing factors of a pesticide’s concentration in water. with a common mechanism of toxicity. from processing studies were used for DWLOCs are theoretical upper limits on Section 408(b)(2)(D)(v) of FFDCA apple juice and citrus juices. a pesticide’s concentration in drinking requires that, when considering whether iii. Cancer. EPA’s Cancer Peer Review water in light of total aggregate exposure to establish, modify, or revoke a Committee (CPRC) classified fludioxonil to a pesticide in food, and from tolerance, the Agency consider as a Group D chemical that is residential uses. Since DWLOCs address ‘‘available information’’ concerning the considered not classifiable as to human total aggregate exposure to fludioxonil cumulative effects of a particular carcinogenicity. Therefore, a cancer risk they are further discussed in the pesticide’s residues and ‘‘other assessment was not performed. aggregate risk sections in Unit III.E.1.– substances that have a common 2. Dietary exposure from drinking 4. mechanism of toxicity.’’ water. The Agency lacks sufficient Based on the FIRST and SCI-GROW Unlike other pesticides for which EPA monitoring exposure data to complete a models, the EECs of fludioxonil for has followed a cumulative risk approach comprehensive dietary exposure acute exposures are estimated to be 132 based on a common mechanism of analysis and risk assessment for parts per billion (ppb) for surface water toxicity, EPA has not made a common fludioxonil in drinking water. Because and 0.11 ppb for ground water. The mechanism of toxicity finding as to the Agency does not have EECs for chronic exposures are fludioxonil and any other substances comprehensive monitoring data, estimated to be 49 ppb for surface water and fludioxonil does not appear to drinking water concentration estimates and 0.11 ppb for ground water. produce a toxic metabolite produced by are made by reliance on simulation or 3. From non-dietary exposure. The other substances. For the purposes of modeling taking into account data on term ‘‘residential exposure’’ is used in this tolerance action, therefore, EPA has the physical characteristics of this document to refer to non- not assumed that fludioxonil has a fludioxonil. occupational, non-dietary exposure common mechanism of toxicity with The Agency uses the FQPA Index (e.g., for lawn and garden pest control, other substances. For information Reservoir Screening Tool (FIRST) or the indoor pest control, termiticides, and regarding EPA’s efforts to determine Pesticide Root Zone Model/Exposure flea and tick control on pets). which chemicals have a common Analysis Modeling System (PRZM/ Fludioxonil is currently registered for mechanism of toxicity and to evaluate EXAMS), to produce estimates of use on the following residential non- the cumulative effects of such pesticide concentrations in an index dietary sites: Turfgrass and ornamentals chemicals, see the policy statements reservoir. The SCI-GROW model is used in residential landscapes (registered released by EPA’s OPP concerning to predict pesticide concentrations in product: Medallion, EPA Reg. No. common mechanism determinations shallow ground water. For a screening- 100–769). Medallion is a wettable and procedures for cumulating effects level assessment for surface water EPA powder in water-soluble packets, and from substances found to have a will use FIRST (a tier 1 model) before the current label indicates that this common mechanism on EPA’s web site using PRZM/EXAMS (a tier 2 model). product is ‘‘for professional use only.’’ at http://www.epa.gov/pesticides/ The FIRST model is a subset of the As such, no residential handler (i.e. cumulative/. PRZM/EXAMS model that uses a applicator) exposures are anticipated. specific high-end runoff scenario for However, short- and intermediate-term D. Safety Factor for Infants and pesticides. Both FIRST and PRZM/ dermal (adults and toddlers), and Children EXAMS incorporate an index reservoir incidental ingestion (toddlers) post- 1. In general. Section 408 of FFDCA environment, and both models include application residential exposures are provides that EPA shall apply an a percent crop area factor as an anticipated based on the use pattern for additional tenfold margin of safety for adjustment to account for the maximum turfgrass applications detailed on the infants and children in the case of percent crop coverage within a Medallion label (specifies that the threshold effects to account for prenatal watershed or drainage basin. product be applied at 14-day and postnatal toxicity and the None of these models include application intervals, with an annual completeness of the data base on consideration of the impact processing maximum rate of 2 lbs ai/A/yr, which toxicity and exposure unless EPA (mixing, dilution, or treatment) of raw equates to about 3 applications at the determines based on reliable data that a water for distribution as drinking water maximum per application rate. Also, different margin of safety will be safe for would likely have on the removal of fludioxonil has half-lives ranging from infants and children. Margins of safety pesticides from the source water. The 95 to 440 days in thatch sod). A are incorporated into EPA risk primary use of these models by the residential post-application dermal assessments either directly through use Agency at this stage is to provide a assessment was not performed since the of a MOE analysis or through using screen for sorting out pesticides for risks from short- and intermediate-term uncertainty (safety) factors in which it is unlikely that drinking water dermal exposure are negligible. Short- calculating a dose level that poses no concentrations would exceed human and intermediate-term dermal endpoints appreciable risk to humans. In applying health levels of concern. were not selected due to the NOAEL of this provision, EPA either retains the Since the models used are considered 1,000 mg/kg/day (highest dose tested) in default value of 10X when reliable data to be screening tools in the risk the 28-day dermal toxicity study in rats do not support the choice of a different assessment process, the Agency does and also since there were no factor, or, if reliable data are available, not use estimated environmental developmental concerns. EPA has EPA uses a different additional safety concentrations (EECs), which are the concluded that there are no significant factor value based on the use of model estimates of a pesticide’s post-application exposures anticipated traditional uncertainty factors and/or concentration in water. EECs derived from treated landscape ornamentals. special FQPA safety factors, as from these models are used to quantify Therefore, the risk assessment was appropriate. drinking water exposure and risk as a conducted using the following 2. Prenatal and postnatal sensitivity. %RfD or %PAD. Instead drinking water residential exposure assumption: Post- The developmental and reproductive levels of comparison (DWLOCs) are residential lawn applications for toddler toxicity data did not indicate increased calculated and used as a point of incidental ingestion. quantitative or qualitative susceptibility

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of rats or rabbits to in utero and/or DWLOC values are not regulatory When EECs for surface water and postnatal exposure. standards for drinking water. DWLOCs ground water are less than the 3. Conclusion. There is a complete are theoretical upper limits on a calculated DWLOCs, OPP concludes toxicity data base for fludioxonil and pesticide’s concentration in drinking with reasonable certainty that exposures exposure data are complete or are water in light of total aggregate exposure to the pesticide in drinking water (when estimated based on data that reasonably to a pesticide in food and residential considered along with other sources of accounts for potential exposures. EPA uses. In calculating a DWLOC, the exposure for which OPP has reliable determined that the 10X SF to protect Agency determines how much of the data) would not result in unacceptable infants and children should be reduced acceptable exposure (i.e., the PAD) is levels of aggregate human health risk at to 1X because: available for exposure through drinking this time. Because OPP considers the • The toxicology data base is water (e.g., allowable chronic water aggregate risk resulting from multiple complete. • exposure (mg/kg/day) = cPAD - (average exposure pathways associated with a The developmental and food + residential exposure)). This reproductive toxicity data did not pesticide’s uses, levels of comparison in allowable exposure through drinking drinking water may vary as those uses indicate increased quantitative or water is used to calculate a DWLOC. qualitative susceptibility of rats or change. If new uses are added in the rabbits to in utero and/or postnatal A DWLOC will vary depending on the future, OPP will reassess the potential exposure. toxic endpoint, drinking water impacts of residues of the pesticide in • A developmental neurotoxicity consumption, and body weights. Default drinking water as a part of the aggregate study is not required because there was body weights and consumption values risk assessment process. no evidence of neurotoxicity in the as used by the EPA’s Office of Water are used to calculate DWLOCs: 2 liter (L)/ 1. Acute risk. Using the exposure current toxicity data base. assumptions discussed in this unit for • The exposure assessment approach 70 kg (adult male), 2L/60 kg (adult acute exposure, the acute dietary will not underestimate the potential female), and 1L/10 kg (child). Default exposure from food to fludioxonil will dietary (food and water) and non-dietary body weights and drinking water exposures for infants and children consumption values vary on an occupy 0.13% of the aPAD for females resulting from the use of fludioxonil. individual basis. This variation will be 13 years and older. In addition, there is taken into account in more refined potential for acute dietary exposure to E. Aggregate Risks and Determination of screening-level and quantitative fludioxonil in drinking water. After Safety drinking water exposure assessments. calculating DWLOCs and comparing To estimate total aggregate exposure Different populations will have different them to the EECs for surface and ground to a pesticide from food, drinking water, DWLOCs. Generally, a DWLOC is water, EPA does not expect the and residential uses, the Agency calculated for each type of risk aggregate exposure to exceed 100% of calculates DWLOCs which are used as a assessment used: Acute, short-term, the aPAD, as shown in Table 2. of this point of comparison against EECs. intermediate-term, chronic, and cancer. unit:

TABLE 2.—AGGREGATE RISK ASSESSMENT FOR ACUTE EXPOSURE TO FLUDIOXONIL

Surface Ground Acute Population Subgroup aPAD (mg/ % aPAD Water EEC Water EEC DWLOC kg) (Food) (ppb) (ppb) (ppb)

Female 13–49 years old 1.0 0.13 132 0.11 26,000

2. Chronic risk. Using the exposure cPAD for children 1–2 years old, and drinking water. After calculating assumptions described in this unit for 39.4% of the cPAD for females 13–49 DWLOCs and comparing them to the chronic exposure, EPA has concluded years old. Based on the use pattern, EECs for surface and ground water, EPA that exposure to fludioxonil from food chronic residential exposure to residues does not expect the aggregate exposure will utilize 39.4% of the cPAD for the of fludioxonil is not expected. In to exceed 100% of the cPAD, as shown U.S. population, 43.7% of the cPAD for addition, there is potential for chronic in Table 3. of this unit: all infants < 1 year old, 65.2% of the dietary exposure to fludioxonil in

TABLE 3.—AGGREGATE RISK ASSESSMENT FOR CHRONIC (NON-CANCER) EXPOSURE TO FLUDIOXONIL

Surface Ground Chronic Population Subgroup cPAD mg/ % cPAD Water EEC Water EEC DWLOC kg/day (Food) (ppb) (ppb) (ppb)

U.S. population 0.03 39.4 49 0.11 630

All infants < 1 year old 0.03 43.7 49 0.11 170

Children 1–2 years old 0.03 65.2 49 0.11 100

Females 13–49 years old 0.03 39.4 49 0.11 570

3. Short-term risk. Short-term exposure to food and water (considered use that could result in short-term aggregate exposure takes into account to be a background exposure level). residential exposure and the Agency has residential exposure plus chronic Fludioxonil is currently registered for determined that it is appropriate to

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aggregate chronic food and water and 2 years old, and 320 for children 3–5 fludioxonil in ground and surface water. short-term exposures for fludioxonil. years old. These aggregate MOEs do not After calculating DWLOCs and Using the exposure assumptions exceed the Agency’s level of concern for comparing them to the EECs for surface described in this unit for short-term aggregate exposure to food and and ground water, EPA does not expect exposures, EPA has concluded that food residential uses. In addition, short-term short-term aggregate exposure to exceed and residential exposures aggregated DWLOCs were calculated and compared the Agency’s level of concern, as shown result in aggregate MOEs of 390 for all to the EECs for chronic exposure of in Table 4. of this unit: infants < 1 year old, 300 for children 1–

TABLE 4.—AGGREGATE RISK ASSESSMENT FOR SHORT-TERM EXPOSURE TO FLUDIOXONIL

Aggregate Aggregate MOE (Food Level of Surface Ground Short-Term Population Subgroup + Residen- Concern Water EEC Water EEC DWLOC tial) (LOC) (ppb) (ppb) (ppb)

All infants < 1 year old 390 100 49 0.11 740

Children 1–2 years old 300 100 49 0.11 670

Children 3–5 years old 320 100 49 0.11 690

4. Intermediate-term risk. and water and intermediate-term food and residential uses. In addition, Intermediate-term aggregate exposure exposures for fludioxonil. intermediate-term DWLOCs were takes into account residential exposure Using the exposure assumptions calculated and compared to the EECs for plus chronic exposure to food and water described in this unit for intermediate- chronic exposure of fludioxonil in (considered to be a background term exposures, EPA has concluded that ground and surface water. After exposure level). Fludioxonil is currently food and residential exposures calculating DWLOCs and comparing aggregated result in aggregate MOEs of registered for use(s) that could result in < them to the EECs for surface and ground intermediate-term residential exposure 160 for all infants 1 year old, 120 for water, EPA does not expect children 1–2 years old, and 130 for and the Agency has determined that it intermediate-term aggregate exposure to children 3–5 years old. These aggregate is appropriate to aggregate chronic food exceed the Agency’s level of concern, as MOEs do not exceed the Agency’s level shown in Table 5. of this unit: of concern for aggregate exposure to

TABLE 5.—AGGREGATE RISK ASSESSMENT FOR INTERMEDIATE-TERM EXPOSURE TO FLUDIOXONIL

Inter- Aggregate Aggregate Surface Ground mediate- Population Subgroup MOE (Food Level of Water EEC Water EEC Term + Residen- Concern (ppb) (ppb) DWLOC tial) (LOC) (ppb)

All infants < 1 year old 160 100 49 0.11 100

Children 1–2 years old 120 100 49 0.11 30

Children 3–5 years old 130 100 49 0.11 50

5. Aggregate cancer risk for U.S. expression. Apple, pear, kiwifruit, method may be requested from: Chief, population. EPA has classified cantaloupe, yam, citrus, and Analytical Chemistry Branch, fludioxonil in ‘‘Group D’’ - not pomegranate were analyzed for Environmental Science Center, 701 classifiable as to human carcinogenicity. fludioxonil using Syngenta tolerance Mapes Rd., Ft. Meade, MD 20755–5350; Based on available data, the Agency enforcement method AG–597B, telephone number: (410) 305–2905; e- concludes that the proposed use of Analytical Method for the mail address: [email protected]. fludioxonil does not present discernable Determination of CGA–219417 in Crops B. International Residue Limits aggregate cancer risk. by High Performance Liquid 6. Determination of safety. Based on Chromatography Including Validation There are no CODEX, Canadian, or these risk assessments, EPA concludes Data, with Modifications. Head and leaf Mexican tolerances/maximum residue that there is a reasonable certainty that lettuce, lima bean, dry bean, and snap levels (MRLs) for fludioxonil residues no harm will result to the general bean were analyzed for fludioxonil on kiwifruit, yam, bean, dry and bean, population, and to infants and children using Novartis working method AG– succulent, citrus, leafy greens except from aggregate exposure to fludioxonil 631B, Determination of Residues of spinach, melons, or pome fruit. Thus, residues. CGA–219417 in Crops by High harmonization is not an issue at this IV. Other Considerations Performance Liquid Chromatography time. with Column Switching. V. Conclusion A. Analytical Enforcement Methodology Adequate enforcement methodology Adequate enforcement methodology (liquid chromotography) is available to Therefore, the tolerances are is available to enforce the tolerance enforce the tolerance expression. The established for residues of fludioxonil,

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4-(2,2-difluoro-1,3-benzodioxol-4-yl)- must be submitted for inclusion in the response to a petition submitted to the 1H-pyrrole-3-carbonitrile, in or on bean, public record. Information not marked Agency. The Office of Management and dry; bean, succulent at 0.4; citrus, crop confidential may be disclosed publicly Budget (OMB) has exempted these types group 10 at 10 ppm; fruit, pome, group by EPA without prior notice. of actions from review under Executive 11 at 5.0 ppm; grapefruit, oil at 500 Mail your written request to: Office of Order 12866, entitled Regulatory ppm; kiwifruit at 20 ppm; leafy greens the Hearing Clerk (1900L), Planning and Review (58 FR 51735, subgroup 4A, except spinach at 30 ppm; Environmental Protection Agency, 1200 October 4, 1993). Because this rule has melon subgroup 9A at 0.03; and yam, Pennsylvania Ave., NW., Washington, been exempted from review under true at 8.0 ppm. DC 20460–0001. You may also deliver Executive Order 12866 due to its lack of your request to the Office of the Hearing VI. Objections and Hearing Requests significance, this rule is not subject to Clerk in Suite 350, 1099 14th St., NW., Executive Order 13211, Actions Under section 408(g) of FFDCA, as Washington, DC 20005. The Office of Concerning Regulations That amended by FQPA, any person may file the Hearing Clerk is open from 8 a.m. Significantly Affect Energy Supply, an objection to any aspect of this to 4 p.m., Monday through Friday, Distribution, or Use (66 FR 28355, May regulation and may also request a excluding legal holidays. The telephone 22, 2001). This final rule does not hearing on those objections. The EPA number for the Office of the Hearing contain any information collections procedural regulations which govern the Clerk is (202) 564–6255. subject to OMB approval under the submission of objections and requests 2. Copies for the Docket. In addition Paperwork Reduction Act (PRA), 44 for hearings appear in 40 CFR part 178. to filing an objection or hearing request U.S.C. 3501 et seq., or impose any Although the procedures in those with the Hearing Clerk as described in enforceable duty or contain any regulations require some modification to Unit VI.A., you should also send a copy unfunded mandate as described under reflect the amendments made to FFDCA of your request to the PIRIB for its by FQPA, EPA will continue to use inclusion in the official record that is Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public those procedures, with appropriate described in ADDRESSES. Mail your adjustments, until the necessary copies, identified by docket ID number Law 104–4). Nor does it require any modifications can be made. The new OPP–2004–0321, to: Public Information special considerations under Executive section 408(g) of FFDCA provides and Records Integrity Branch, Order 12898, entitled Federal Actions to essentially the same process for persons Information Resources and Services Address Environmental Justice in to ‘‘object’’ to a regulation for an Division (7502C), Office of Pesticide Minority Populations and Low-Income exemption from the requirement of a Programs, Environmental Protection Populations (59 FR 7629, February 16, tolerance issued by EPA under new Agency, 1200 Pennsylvania Ave., NW., 1994); or OMB review or any Agency section 408(d) of FFDCA, as was Washington, DC 20460–0001. In person action under Executive Order 13045, provided in the old sections 408 and or by courier, bring a copy to the entitled Protection of Children from 409 of FFDCA. However, the period for location of the PIRIB described in Environmental Health Risks and Safety filing objections is now 60 days, rather ADDRESSES. You may also send an Risks (62 FR 19885, April 23, 1997). than 30 days. electronic copy of your request via e- This action does not involve any mail to: [email protected]. Please use technical standards that would require A. What Do I Need to Do to File an Agency consideration of voluntary Objection or Request a Hearing? an ASCII file format and avoid the use of special characters and any form of consensus standards pursuant to section You must file your objection or encryption. Copies of electronic 12(d) of the National Technology request a hearing on this regulation in objections and hearing requests will also Transfer and Advancement Act of 1995 accordance with the instructions be accepted on disks in WordPerfect (NTTAA), Public Law 104–113, section provided in this unit and in 40 CFR part 6.1/8.0 or ASCII file format. Do not 12(d) (15 U.S.C. 272 note). Since 178. To ensure proper receipt by EPA, include any CBI in your electronic copy. tolerances and exemptions that are you must identify docket ID number You may also submit an electronic copy established on the basis of a petition OPP–2004–0321 in the subject line on of your request at many Federal under section 408(d) of FFDCA, such as the first page of your submission. All Depository Libraries. the tolerance in this final rule, do not requests must be in writing, and must be require the issuance of a proposed rule, mailed or delivered to the Hearing Clerk B. When Will the Agency Grant a the requirements of the Regulatory on or before November 29, 2004. Request for a Hearing? Flexibility Act (RFA) (5 U.S.C. 601 et 1. Filing the request. Your objection A request for a hearing will be granted seq.) do not apply. In addition, the must specify the specific provisions in if the Administrator determines that the Agency has determined that this action the regulation that you object to, and the material submitted shows the following: will not have a substantial direct effect grounds for the objections (40 CFR There is a genuine and substantial issue on States, on the relationship between 178.25). If a hearing is requested, the of fact; there is a reasonable possibility the national government and the States, objections must include a statement of that available evidence identified by the or on the distribution of power and the factual issues(s) on which a hearing requestor would, if established resolve responsibilities among the various is requested, the requestor’s contentions one or more of such issues in favor of levels of government, as specified in on such issues, and a summary of any the requestor, taking into account Executive Order 13132, entitled evidence relied upon by the objector (40 uncontested claims or facts to the Federalism (64 FR 43255, August 10, CFR 178.27). Information submitted in contrary; and resolution of the factual 1999). Executive Order 13132 requires connection with an objection or hearing issues(s) in the manner sought by the EPA to develop an accountable process request may be claimed confidential by requestor would be adequate to justify to ensure ‘‘meaningful and timely input marking any part or all of that the action requested (40 CFR 178.32). by State and local officials in the information as CBI. Information so development of regulatory policies that marked will not be disclosed except in VII. Statutory and Executive Order have federalism implications.’’ ‘‘Policies accordance with procedures set forth in Reviews that have federalism implications’’ is 40 CFR part 2. A copy of the This final rule establishes a tolerance defined in the Executive order to information that does not contain CBI under section 408(d) of FFDCA in include regulations that have

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‘‘substantial direct effects on the States, Agricultural commodities, Pesticides ACTION: Final rule. on the relationship between the national and pests, Reporting and recordkeeping government and the States, or on the requirements. SUMMARY: This regulation establishes a distribution of power and tolerance for residues of responsibilities among the various Dated: September 22, 2004. methoxyfenozide (benzoic acid, 3- levels of government.’’ This final rule Lois Rossi, methyl-2-methyl-,2-(3,5- directly regulates growers, food Director, Registration Division, Office of methylbenzoyl)-2-(1,1-dimethylethyl) processors, food handlers and food Pesticide Programs. hydrazide) in or onblack sapote; retailers, not States. This action does not I Therefore, 40 CFR part 180 is amended canistel; coriander, leaves; mamey alter the relationships or distribution of as follows: sapote; mango; papaya; pea and bean, power and responsibilities established succulent shelled, subgroup 6B; PART 180—[AMENDED] by Congress in the preemption peppermint; sapodilla; spearmint; star provisions of section 408(n)(4) of I apple; strawberries; vegetable, foliage of FFDCA. For these same reasons, the 1. The authority citation for part 180 legume (except soybean), subgroup 7A; Agency has determined that this rule continues to read as follows: vegetable, leaves of root and tuber, does not have any ‘‘tribal implications’’ Authority: 21 U.S.C. 321(q), 346a and 371. group 2; vegetable, legume, edible as described in Executive Order 13175, I 2. Section 180.516 is amended as podded, subgroup 6A; vegetable, root, entitled Consultation and Coordination follows: with Indian Tribal Governments (65 FR subgroup 1A. Interregional Research a. By alphabetically adding Project Number 4 (IR-4) and Dow 67249, November 6, 2000). Executive commodities to the table in paragraph AgroSciences are requesting these Order 13175, requires EPA to develop (a). tolerances under the Federal Food, an accountable process to ensure b. By removing the commodities Drug, and Cosmetic Act (FFDCA), as ‘‘meaningful and timely input by tribal ‘‘Apricot,’’ ‘‘Caneberry,’’ ‘‘Nectarine,’’ amended by the Food Quality Protection officials in the development of ‘‘Peach,’’ and ‘‘Plum’’ in the table in Act of 1996 (FQPA). regulatory policies that have tribal paragraph (b). implications.’’ ‘‘Policies that have tribal DATES: This regulation is effective implications’’ is defined in the § 180.516 Fludioxonil; tolerances for residues. September 29, 2004. Objections and Executive order to include regulations requests for hearings must be received that have ‘‘substantial direct effects on (a) * * * on or before November 29, 2004. one or more Indian tribes, on the relationship between the Federal Commodity Parts per ADDRESSES : To submit a written Government and the Indian tribes, or on million objection or hearing request follow the detailed instructions as provided in the distribution of power and Bean, dry ...... 0.4 responsibilities between the Federal Bean, succulent ...... 0.4 Unit VI. of the SUPPLEMENTARY Government and Indian tribes.’’ This *** * *INFORMATION. EPA has established a rule will not have substantial direct docket for this action under docket effects on tribal governments, on the Citrus, crop group 10 ...... 10 identification (ID) number OPP–2004– relationship between the Federal *** * *0312. All documents in the docket are Government and Indian tribes, or on the listed in the EDOCKET index athttp:// distribution of power and Fruit, pome, group 11 ...... 5.0 www.epa.gov/edocket. Although listed responsibilities between the Federal *** * *in the index, some information is not Government and Indian tribes, as Grapefruit, oil ...... 500 publicly available, i.e., CBI or other specified in Executive Order 13175. *** * *information whose disclosure is Thus, Executive Order 13175 does not restricted by statute. Certain other apply to this rule. Kiwifruit ...... 20 material, such as copyrighted material, VIII. Congressional Review Act Leafy greens subgroup 4A, ex- is not placed on the Internet and will be cept spinach ...... 30 publicly available only in hard copy The Congressional Review Act, 5 *** * *form. Publicly available docket U.S.C. 801 et seq., as added by the Small materials are available either Business Regulatory Enforcement Melon subgroup 9A ...... 0.03 *** * *electronically in EDOCKET or in hard Fairness Act of 1996, generally provides copy at the Public Information and that before a rule may take effect, the Yam, true ...... 8.0 Records Integrity Branch (PIRIB), Rm. agency promulgating the rule must 119, Crystal Mall #2, 1801 S. Bell St., submit a rule report, which includes a Arlington, VA. This docket facility is copy of the rule, to each House of the * * * * * open from 8:30 a.m. to 4 p.m., Monday Congress and to the Comptroller General [FR Doc. 04–21803 Filed 9–28–04; 8:45 am] through Friday, excluding legal of the United States. EPA will submit a BILLING CODE 6560–50–S holidays. The docket telephone number report containing this rule and other is (703) 305–5805. required information to the U.S. Senate, the U.S. House of Representatives, and ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: the Comptroller General of the United AGENCY Joseph Tavano, Registration Division States prior to publication of this final (7505C), Office of Pesticide Programs, rule in the Federal Register. This final 40 CFR Part 180 Environmental Protection Agency, 1200 rule is not a ‘‘major rule’’ as defined by [OPP–2004–0312; FRL–7681–6] Pennsylvania Ave., NW., Washington, 5 U.S.C. 804(2). DC 20460–0001; telephone number: List of Subjects in 40 CFR Part 180 Methoxyfenozide; Pesticide Tolerances (703) 305–6411; e-mail address:[email protected]. Environmental protection, AGENCY: Environmental Protection Administrative practice and procedure, Agency (EPA). SUPPLEMENTARY INFORMATION:

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I. General Information sapote, black; mango; sapodilla; 1A), strawberries, succulent shelled pea canistel; and sapote, mamey at 0.5 ppm and bean (Crop Group 6B), and tropical/ A. Does this Action Apply to Me? (PP 3E6796); coriander, leaves at 30 subtropical fruit crop: black sapote, You may be potentially affected by ppm (PP 3E6796); and vegetable, canistel, mamey sapote, mango, papaya, this action if you are an agricultural legume, edible podded, subgroup 6A at sapodilla, and star apple) at 1.5, 7.0, 0.5, producer, food manufacturer, or 1.5 ppm; pea and bean, succulent 1.5, 0.2, 0.5 ppm respectively. EPA’s pesticide manufacturer. Potentially shelled, subgroup 6B at 0.2 ppm; and assessment of exposures and risks affected entities may include, but are vegetable, foliage of legume, except associated with establishing the not limited to: soybean, subgroup 7A at 35 ppm (PP tolerance follows. • Crop production (NAICS 111) 3E6801). That notice included a A. Toxicological Profile • Animal production (NAICS 112) summary of the petition prepared by • Food manufacturing (NAICS 311) Dow AgroScience, 9330 Zionsville EPA has evaluated the available • Pesticide manufacturing (NAICS Road, Indianapolis, IN 46268, the toxicity data and considered its validity, 32532) registrant. There were no comments completeness, and reliability as well as This listing is not intended to be received in response to the notice of the relationship of the results of the exhaustive, but rather provides a guide filing. studies to human risk. EPA has also for readers regarding entities likely to be Section 408(b)(2)(A)(i) of FFDCA considered available information affected by this action. Other types of allows EPA to establish a tolerance (the concerning the variability of the entities not listed in this unit could also legal limit for a pesticide chemical sensitivities of major identifiable be affected. The North American residue in or on a food) only if EPA subgroups of consumers, including Industrial Classification System determines that the tolerance is ‘‘safe.’’ infants and children. The nature of the (NAICS) codes have been provided to Section 408(b)(2)(A)(ii) of FFDCA toxic effects caused by methoxyfenozide assist you and others in determining defines ‘‘safe’’ to mean that ‘‘there is a as well as the no observed adverse effect whether this action might apply to reasonable certainty that no harm will level (NOAEL) and the lowest observed certain entities. If you have any result from aggregate exposure to the adverse effect level (LOAEL) from the questions regarding the applicability of pesticide chemical residue, including toxicity studies reviewed are discussed this action to a particular entity, consult all anticipated dietary exposures and all in the Federal Register of September 20, the person listed under FOR FURTHER other exposures for which there is 2002 (67 FR 59193) (FRL–7198–5). INFORMATION CONTACT. reliable information.’’ This includes B. Toxicological Endpoints B. How Can I Access Electronic Copies exposure through drinking water and in residential settings, but does not include The dose at which no adverse effects of this Document and Other Related are observed (the NOAEL) from the Information? occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to toxicology study identified as In addition to using EDOCKET(http:/ give special consideration to exposure appropriate for use in risk assessment is /www.epa.gov/edocket/), you may of infants and children to the pesticide used to estimate the toxicological level access this Federal Register document chemical residue in establishing a of concern (LOC). However, the lowest electronically through the EPA Internet tolerance and to ‘‘ensure that there is a dose at which adverse effects of concern under the ‘‘Federal Register’’ listings at reasonable certainty that no harm will are identified (the LOAEL) is sometimes http://www.epa.gov/fedrgstr/. A result to infants and children from used for risk assessment if no NOAEL frequently updated electronic version of aggregate exposure to the pesticide was achieved in the toxicology study 40 CFR part 180 is available at E-CFR chemical residue . . . .’’ selected. An uncertainty factor (UF) is Beta Site Two at http:// EPA performs a number of analyses to applied to reflect uncertainties inherent www.gpoaccess.gov/ecfr/. determine the risks from aggregate in the extrapolation from laboratory animal data to humans and in the II. Background and Statutory Findings exposure to pesticide residues. For further discussion of the regulatory variations in sensitivity among members In the Federal Register of August 18, requirements of section 408 of FFDCA of the human population as well as 2004 (69 FR 51298) (FRL–7361–1), EPA and a complete description of the risk other unknowns. An UF of 100 is issued a notice pursuant to section assessment process, see the final rule on routinely used, 10X to account for 408(d)(3) of FFDCA, 21 U.S.C. Bifenthrin Pesticide Tolerances (62 FR interspecies differences and 10X for 346a(d)(3), announcing the filing of a 62961, November 26, 1997) (FRL–5754– intraspecies differences. pesticide petition (PP PP 3E6768, PP 7). Three other types of safety or 3E6784, PP 3E6790, PP 3E6796, and PP uncertainty factors may be used: 3E6801) by IR-4, 681 U.S. Highway #1 III. Aggregate Risk Assessment and ‘‘Traditional uncertainty factors;’’ the South, North Brunswick, NJ 08902– Determination of Safety ‘‘special FQPA safety factor;’’ and the 3390. The petition requested that 40 Consistent with section 408(b)(2)(D) ‘‘default FQPA safety factor.’’ By the CFR 180.544 be amended by of FFDCA, EPA has reviewed the term ‘‘traditional uncertainty factor,’’ establishing a tolerance for residues of available scientific data and other EPA is referring to those additional the insecticide methoxyfenozide, relevant information in support of this uncertainty factors used prior to FQPA benzoic acid, 3-methoxy-2-methyl, 2- action. EPA has sufficient data to assess passage to account for data base (3,5-dimethylbenzoyl)-2-(1,1- the hazards of and to make a deficiencies. These traditional dimethylethyl) hydrazide, in or on the determination on aggregate exposure, uncertainty factors have been following raw agricultural commodities: consistent with section 408(b)(2) of incorporated by the FQPA into the Spearmint, tops at 7.0 parts per million FFDCA, for a tolerance for residues of additional safety factor for the (ppm); peppermint, tops at 7.0 ppm; and methoxyfenozide, benzoic acid,3- protection of infants and children. The dill at 7.0 ppm (PP 3E6768); strawberry methoxy-2-methyl, 2-(3,5- term ‘‘special FQPA safety factor’’ refers at 1.5 ppm (PP 3E6784); vegetable, root, dimethylbenzoyl)-2-(1,1- to those safety factors that are deemed subgroup 1A at 0.5 ppm, and vegetable, dimethylethyl)hydrazide, in or on necessary for the protection of infants leaves of root and tuber, group 2 at 30 edible podded legumes (Crop Group and children primarily as a result of the ppm (PP 3E6790); papaya; star apple; 6A), mint, root vegetables (Crop Group FQPA. The ‘‘default FQPA safety factor’’

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is the additional 10X safety factor that C. Exposure Assessment analysis and risk assessment for is mandated by the statute unless it is 1. Dietary exposure from food and methoxyfenozide in drinking water. decided that there are reliable data to feed uses. Tolerances have been Because the Agency does not have choose a different additional factor established (40 CFR 180.544) for the comprehensive monitoring data, (potentially a traditional uncertainty residues of methoxyfenozide, in or on a drinking water concentration estimates factor or a special FQPA safety factor). variety of raw agricultural commodities. are made by reliance on simulation or For dietary risk assessment (other Risk assessments were conducted by modeling taking into account data on than cancer) the Agency uses the UF to EPA to assess dietary exposures from the physical characteristics of calculate an acute or chronic reference methoxyfenozide in food as follows: methoxyfenozide. The Agency uses the FQPA Index dose (acute RfD or chronic RfD) where i. Acute exposure. Acute dietary risk Reservoir Screening Tool (FIRST) or the the RfD is equal to the NOAEL divided assessments are performed for a food- Pesticide Root Zone Model/Exposure by an UF of 100 to account for use pesticide, if a toxicological study Analysis Modeling System (PRZM/ interspecies and intraspecies differences has indicated the possibility of an effect EXAMS), to produce estimates of and any traditional uncertainty factors of concern occurring as a result of a 1– pesticide concentrations in an index deemed appropriate (RfD = NOAEL/UF). day or single exposure. reservoir. The Screening Concentration Where a special FQPA safety factor or Acute dietary risk assessments are in Ground Water (SCI-GROW) model is the default FQPA safety factor is used, performed for a food use pesticide if a used to predict pesticide concentrations toxicological study has indicated the this additional factor is applied to the in shallow ground water. For a RfD by dividing the RfD by such possibility of an effect of concern screening-level assessment for surface additional factor. The acute or chronic occurring as a result of a one day or water EPA will use FIRST (a Tier 1 Population Adjusted Dose (aPAD or single exposure. No appropriate model) before using PRZM/EXAMS (a cPAD) is a modification of the RfD to toxicological endpoint attributable to a Tier 2 model). The FIRST model is a accommodate this type of safety factor. single exposure was identified in the subset of the PRZM/EXAMS model that For non-dietary risk assessments available toxicology studies on uses a specific high-end runoff scenario (other than cancer) the UF is used to methoxyfenozide. Thus, the risk from for pesticides. Both FIRST and PRZM/ determine the LOC. For example, when acute exposure is considered negligible. EXAMS incorporate an index reservoir 100 is the appropriate UF (10X to A summary of the acute dietary risk environment, and both models include account for interspecies differences and assessment for methoxyfenozide used a percent crop area factor as an 10X for intraspecies differences) the for human risk assessment is discussed adjustment to account for the maximum LOC is 100. To estimate risk, a ratio of in Unit III.C.1.i. of the final rule percent crop coverage within a the NOAEL to exposures (margin of published in the Federal Register of watershed or drainage basin. exposure (MOE) = NOAEL/exposure) is September 20, 2002 (67 FR 59193). None of these models include calculated and compared to the LOC. ii. Chronic exposure. Conducting the consideration of the impact processing chronic dietary risk assessment, EPA (mixing, dilution, or treatment) of raw The linear default risk methodology used the Dietary Exposure Evaluation (Q*) is the primary method currently water for distribution as drinking water Model software with the Food would likely have on the removal of used by the Agency to quantify Commodity Intake Database (DEEM- carcinogenic risk. The Q* approach pesticides from the source water. The FCIDTM), which incorporates food primary use of these models by the assumes that any amount of exposure consumption data as reported by will lead to some degree of cancer risk. Agency at this stage is to provide a respondents in the USDA 1994–1996 screen for sorting out pesticides for A Q* is calculated and used to estimate and 1998 Nationwide Continuing risk which represents a probability of which it is unlikely that drinking water Surveys of Food Intake by Individuals concentrations would exceed human occurrence of additional cancer cases (CSFII), and accumulated exposure to health levels of concern. (e.g., risk). An example of how such a the chemical for each commodity. The Since the models used are considered probability risk is expressed would be to following assumptions were made for to be screening tools in the risk describe the risk as one in one hundred the chronic exposure assessments: A -5 assessment process, the Agency does thousand (1 x 10 ), one in a million (1 Tier 1 (assumptions: tolerance level -6 -7 not use estimated environmental x 10 ), or one in ten million (1 x 10 ). residues and 100 percent crop treated) concentrations (EECs), which are the Under certain specific circumstances, chronic dietary risk assessment was model estimates of a pesticide’s MOE calculations will be used for the conducted via DEEM-FCID. The concentration in water. EECs derived carcinogenic risk assessment. In this established tolerances of 40 CFR from these models are used to quantify non-linear approach, a ‘‘point of 180.544 and the proposed tolerances drinking water exposure and risk as a departure’’ is identified below which were included in the analysis. DEEM %RfD or %PAD. Instead drinking water carcinogenic effects are not expected. default processing factors (from DEEM levels of comparison (DWLOCs) are The point of departure is typically a Version 7.76) were used for all calculated and used as a point of NOAEL based on an endpoint related to processed commodities that do not have comparison against the model estimates cancer effects though it may be a individual tolerances. Tolerances are of a pesticide’s concentration in water. different value derived from the dose not being recommended for animal DWLOCs are theoretical upper limits on response curve. To estimate risk, a ratio commodities as a result of the proposed a pesticide’s concentration in drinking of the point of departure to exposure uses. water in light of total aggregate exposure (MOEcancer = point of departure/ iii. Cancer. Methoxyfenozide is to a pesticide in food, and from exposures) is calculated. classified as a ‘‘not likely’’ human residential uses. Since DWLOCs address A summary of the toxicological carcinogen. Therefore this risk is total aggregate exposure to endpoints for methoxyfenozide used for considered negligible. methoxyfenozide, they are further human risk assessment is discussed in 2. Dietary exposure from drinking discussed in the aggregate risk section Unit III.B. of the final rule published in water. The Agency lacks sufficient Unit III.E. the Federal Register of September 20, monitoring exposure data to complete a Based on the PRZM/EXAMS and SCI- 2002 (67 FR 59193) (FRL–7198–5). comprehensive dietary exposure GROW models, the EECs of

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methoxyfenozide for acute exposures additional tenfold margin of safety for uses. In calculating a DWLOC, the are estimated to be 43 parts per billion infants and children in the case of Agency determines how much of the (ppb) for surface water and 3.5 ppb for threshold effects to account for prenatal acceptable exposure (i.e., the PAD) is ground water. The EECs for chronic and postnatal toxicity and the available for exposure through drinking exposures are estimated to be 30 ppb for completeness of the data base on water (e.g., allowable chronic water surface water and 3.5 ppb for ground toxicity and exposure unless EPA exposure (mg/kg/day) = cPAD - (average water. determines based on reliable data that a food + residential exposure). This 3. From non-dietary exposure. The different margin of safety will be safe for allowable exposure through drinking term ‘‘residential exposure’’ is used in infants and children. Margins of safety water is used to calculate a DWLOC. this document to refer to non- are incorporated into EPA risk occupational, non-dietary exposure assessments either directly through use A DWLOC will vary depending on the (e.g., for lawn and garden pest control, of a MOE analysis or through using toxic endpoint, drinking water indoor pest control, termiticides, and uncertainty (safety) factors in consumption, and body weights. Default flea and tick control on pets). calculating a dose level that poses no body weights and consumption values Methoxyfenozide is not registered for appreciable risk to humans. In applying as used by the EPA’s Office of Water are use on any sites that would result in this provision, EPA either retains the used to calculate DWLOCs: 2 liter (L)/ residential exposure. default value of 10X when reliable data 70 kg (adult male), 2L/60 kg (adult 4. Cumulative effects from substances do not support the choice of a different female), and 1L/10 kg (child). Default with a common mechanism of toxicity. factor, or, if reliable data are available, body weights and drinking water Section 408(b)(2)(D)(v) of FFDCA EPA uses a different additional safety consumption values vary on an requires that, when considering whether factor value based on the use of individual basis. This variation will be to establish, modify, or revoke a traditional uncertainty factors and/or taken into account in more refined tolerance, the Agency consider special FQPA safety factors, as screening-level and quantitative ‘‘available information’’ concerning the appropriate. drinking water exposure assessments. cumulative effects of a particular 2. Prenatal and postnatal sensitivity. Different populations will have different pesticide’s residues and ‘‘other The toxicology data base for DWLOCs. Generally, a DWLOC is substances that have a common methoxyfenozide included acceptable calculated for each type of risk mechanism of toxicity.’’ developmental toxicity studies in both assessment used: Acute, short-term, Unlike other pesticides for which EPA intermediate-term, chronic, and cancer. has followed a cumulative risk approach rats and rabbits as well as a 2-generation based on a common mechanism of reproductive toxicity study in rats. The When EECs for surface water and toxicity, EPA has not made a common data provided no indication of increased ground water are less than the mechanism of toxicity finding as to sensitivity of rats or rabbits to in utero calculated DWLOCs, EPA concludes methoxyfenozide and any other and/or postnatal exposure to with reasonable certainty that exposures substances and methoxyfenozide does methoxyfenozide. to the pesticide in drinking water (when not appear to produce a toxic metabolite 3. Conclusion. There is a complete considered along with other sources of produced by other substances. For the toxicity data base for methoxyfenozide exposure for which EPA has reliable purposes of this tolerance action, and exposure data are complete or are data) would not result in unacceptable therefore, EPA has not assumed that estimated based on data that reasonably levels of aggregate human health risk at methoxyfenozide has a common accounts for potential exposures. The this time. Because EPA considers the mechanism of toxicity with other 10X FQPA factor was removed and aggregate risk resulting from multiple substances. For information regarding reduced to 1X as discussed in the final exposure pathways associated with a EPA’s efforts to determine which rule published in theFederal Register of pesticide’s uses, levels of comparison in chemicals have a common mechanism September 20, 2002 (67 FR 59193). drinking water may vary as those uses of toxicity and to evaluate the E. Aggregate Risks and Determination of change. If new uses are added in the cumulative effects of such chemicals, Safety future, EPA will reassess the potential see the policy statements released by impacts of residues of the pesticide in To estimate total aggregate exposure EPA’s OPP concerning common drinking water as a part of the aggregate to a pesticide from food, drinking water, mechanism determinations and risk assessment process. procedures for cumulating effects from and residential uses, the Agency substances found to have a common calculates DWLOCs which are used as a 1. Acute risk. No appropriate mechanism on EPA’s web site at http:/ point of comparison against EECs. endpoint was identified in the oral /www.epa.gov/pesticides/cumulative/. DWLOC values are not regulatory toxicity studies including the acute standards for drinking water. DWLOCs neurotoxicity study in rats and the D. Safety Factor for Infants and are theoretical upper limits on a developmental toxicity studies in rats Children pesticide’s concentration in drinking and rabbits. Accordingly, no acute risk 1. In general. Section 408 of FFDCA water in light of total aggregate exposure is expected from exposure to provides that EPA shall apply an to a pesticide in food and residential methoxyfenozide.

TABLE 1.—AGGREGATE RISK ASSESSMENT FOR CHRONIC (NON-CANCER) EXPOSURE TO METHOXYFENOZIDE

Surface Ground Chronic Population Subgroup cPAD mg/ % cPAD Water EEC Water EEC DWLOC kg/day (Food) (ppb) (ppb) (ppb)

U.S. population 0.102 22.9 30 3.5 2800

All Infants (less than 1 year old) 0.102 37.3 30 3.5 290

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TABLE 1.—AGGREGATE RISK ASSESSMENT FOR CHRONIC (NON-CANCER) EXPOSURE TO METHOXYFENOZIDE—Continued

Surface Ground Chronic Population Subgroup cPAD mg/ % cPAD Water EEC Water EEC DWLOC kg/day (Food) (ppb) (ppb) (ppb)

Children (1-2 years old) 0.102 71.3 30 3.5 2900

Children (3-5 years old) 0.102 50.1 30 3.5 2900

Children (6-12 years old) 0.102 27.1 30 3.5 2900

Youth (13-19 years old) 0.102 18.1 30 3.5 2900

Adults (20-49 years old) 0.102 18.6 30 3.5 2900

Females (13-49 years old) 0.102 19.1 30 3.5 2500

Adults (50+ years old) 0.102 18.8 30 3.5 2900

2. Chronic risk. Using the exposure 6. Determination of safety. Based on The original petition submitted by the assumptions described in this unit for these risk assessments, EPA concludes petitioner requested a tolerance for dill, chronic exposure, EPA has concluded that there is a reasonable certainty that but data was not provided to the Agency that exposure to methoxyfenozide from no harm will result to the general to support the establishment of a food will utilize 22.9% of the cPAD for population, and to infants and children tolerance. the U.S. population, 37.3% of the cPAD from aggregate exposure to VI. Objections and Hearing Requests for all infants (less than 1 year old), and methoxyfenozide residues. 71.3% of the cPAD for children, 1-2 Under section 408(g) of FFDCA, as IV. Other Considerations years old. There are no residential uses amended by FQPA, any person may file for methoxyfenozide that result in A. Analytical Enforcement Methodology an objection to any aspect of this chronic residential exposure to regulation and may also request a Adequate enforcement methods are hearing on those objections. The EPA methoxyfenozide. available for determination of 3. Short-term risk. Short-term procedural regulations which govern the methoxyfenozide residues in plant submission of objections and requests aggregate exposure takes into account commodities. The available Analytical residential exposure plus chronic for hearings appear in 40 CFR part 178. Enforcement Methodology was Although the procedures in those exposure to food and water (considered previously reviewed in the Federal to be a background exposure level). regulations require some modification to Register of September 20, 2002 (67 FR reflect the amendments made to FFDCA Methoxyfenozide is not registered for 59193) use on any sites that would result in by FQPA, EPA will continue to use residential exposure. Therefore, the B. International Residue Limits those procedures, with appropriate aggregate risk is the sum of the risk from adjustments, until the necessary There are no Codex or Canadian modifications can be made. The new food and water, which do not exceed MRLs established for residues of the Agency’s level of concern. section 408(g) of FFDCA provides methoxyfenozide. Mexican MRLs are essentially the same process for persons 4. Intermediate-term risk. established for residues of to ‘‘object’’ to a regulation for an Intermediate-term aggregate exposure methoxyfenozide in cottonseed (0.05 exemption from the requirement of a takes into account residential exposure ppm) and maize (0.01 ppm). The U.S. tolerance issued by EPA under new plus chronic exposure to food and water tolerances on these commodities are 2.0 section 408(d) of FFDCA, as was (considered to be a background ppm and 0.05 ppm, respectively. Based provided in the old sections 408 and exposure level). Methoxyfenozide is not on the current use patterns, the U.S. 409 of FFDCA. However, the period for registered for use on any sites that tolerance levels cannot be reduced to filing objections is now 60 days, rather would result in residential exposure. harmonize with the Mexican MRLs, so than 30 days. Therefore, the aggregate risk is the sum incompatibility will exist. of the risk from food and water, which A. What Do I Need to Do to File an do not exceed the Agency’s level of V. Conclusion Objection or Request a Hearing? concern. Therefore, tolerances are established You must file your objection or 5. Aggregate cancer risk for U.S. for residues of methoxyfenozide, in or request a hearing on this regulation in population. The Agency has classified on black sapote; canistel; coriander, accordance with the instructions methoxyfenozide as a ‘‘not likely’’ leaves; mamey sapote; mango; papaya; provided in this unit and in 40 CFR part human carcinogen according to the pea and bean succulent shelled, 178. To ensure proper receipt by EPA, ‘‘EPA Proposed Guidelines for subgroup 6B; peppermint; sapodilla; you must identify docket ID number Carcinogen Risk Assessment (April 10, spearmint; star apple; strawberries; OPP–2004–0312 in the subject line on 1996).’’ This classification is based on vegetable, foliage of legume (except the first page of your submission. All the lack of evidence of carcinogenicity soybean), subgroup 7A; vegetable, requests must be in writing, and must be in male and female rats as well as in leaves of root and tuber, group 2; mailed or delivered to the Hearing Clerk male and female mice and on the lack vegetable, legume, edible podded, on or before November 29, 2004. of genotoxicity in an acceptable battery subgroup 6A; vegetable, root, subgroup 1. Filing the request. Your objection of mutagenicity studies. Therefore, 1A at 0.5, 0.5, 30, 0.5, 0.5, 0.5, 0.2, 7.0, must specify the specific provisions in methoxyfenozide is not expected to 0.5, 7.0, 0.5, 1.5, 35, 30, 1.5, 0.5, the regulation that you object to, and the pose a cancer risk. respectively. grounds for the objections (40 CFR

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178.25). If a hearing is requested, the of fact; there is a reasonable possibility or on the distribution of power and objections must include a statement of that available evidence identified by the responsibilities among the various the factual issues(s) on which a hearing requestor would, if established resolve levels of government, as specified in is requested, the requestor’s contentions one or more of such issues in favor of Executive Order 13132, on such issues, and a summary of any the requestor, taking into account entitledFederalism (64 FR 43255, evidence relied upon by the objector (40 uncontested claims or facts to the August 10, 1999). Executive Order CFR 178.27). Information submitted in contrary; and resolution of the factual 13132 requires EPA to develop an connection with an objection or hearing issues(s) in the manner sought by the accountable process to ensure request may be claimed confidential by requestor would be adequate to justify ‘‘meaningful and timely input by State marking any part or all of that the action requested (40 CFR 178.32). and local officials in the development of information as CBI. Information so regulatory policies that have federalism VII. Statutory and Executive Order marked will not be disclosed except in implications.’’ ‘‘Policies that have Reviews accordance with procedures set forth in federalism implications’’ is defined in 40 CFR part 2. A copy of the This final rule establishes a tolerance the Executive Order to include information that does not contain CBI under section 408(d) of FFDCA in regulations that have ‘‘substantial direct must be submitted for inclusion in the response to a petition submitted to the effects on the States, on the relationship public record. Information not marked Agency. The Office of Management and between the national government and confidential may be disclosed publicly Budget (OMB) has exempted these types the States, or on the distribution of by EPA without prior notice. of actions from review under Executive power and responsibilities among the Mail your written request to: Office of Order 12866, entitled Regulatory various levels of government.’’ This the Hearing Clerk (1900L), Planning and Review (58 FR 51735, final rule directly regulates growers, Environmental Protection Agency, 1200 October 4, 1993). Because this rule has food processors, food handlers and food Pennsylvania Ave., NW., Washington, been exempted from review under retailers, not States. This action does not DC 20460–0001. You may also deliver Executive Order 12866 due to its lack of alter the relationships or distribution of your request to the Office of the Hearing significance, this rule is not subject to power and responsibilities established Clerk in Suite 350, 1099 14th St., NW., Executive Order 13211, Actions by Congress in the preemption Washington, DC 20005. The Office of Concerning Regulations That provisions of section 408(n)(4) of the Hearing Clerk is open from 8 a.m. Significantly Affect Energy Supply, FFDCA. For these same reasons, the to 4 p.m., Monday through Friday, Distribution, or Use (66 FR 28355, May Agency has determined that this rule excluding legal holidays. The telephone 22, 2001). This final rule does not does not have any ‘‘tribal implications’’ number for the Office of the Hearing contain any information collections as described in Executive Order 13175, Clerk is (202) 564–6255. subject to OMB approval under the entitled Consultation and Coordination 2. Copies for the Docket. In addition Paperwork Reduction Act (PRA), 44 with Indian Tribal Governments (65 FR to filing an objection or hearing request U.S.C. 3501 et seq., or impose any 67249, November 6, 2000). Executive with the Hearing Clerk as described in enforceable duty or contain any Order 13175, requires EPA to develop Unit VI.A., you should also send a copy unfunded mandate as described under an accountable process to ensure of your request to the PIRIB for its Title II of the Unfunded Mandates ‘‘meaningful and timely input by tribal inclusion in the official record that is Reform Act of 1995 (UMRA) (Public officials in the development of described in ADDRESSES. Mail your Law 104–4). Nor does it require any regulatory policies that have tribal copies, identified by docket ID number special considerations under Executive implications.’’ ‘‘Policies that have tribal OPP–2004–0312, to: Public Information Order 12898, entitled Federal Actions to implications’’ is defined in the and Records Integrity Branch, Address Environmental Justice in Executive Order to include regulations Information Resources and Services Minority Populations and Low-Income that have ‘‘substantial direct effects on Division (7502C), Office of Pesticide Populations (59 FR 7629, February 16, one or more Indian tribes, on the Programs, Environmental Protection 1994); or OMB review or any Agency relationship between the Federal Agency, 1200 Pennsylvania Ave., NW., action under Executive Order 13045, Government and the Indian tribes, or on Washington, DC 20460–0001. In person entitled Protection of Children from the distribution of power and or by courier, bring a copy to the Environmental Health Risks and Safety responsibilities between the Federal location of the PIRIB described in Risks (62 FR 19885, April 23, 1997). Government and Indian tribes.’’ This ADDRESSES. You may also send an This action does not involve any rule will not have substantial direct electronic copy of your request via e- technical standards that would require effects on tribal governments, on the mail to: [email protected]. Please use Agency consideration of voluntary relationship between the Federal an ASCII file format and avoid the use consensus standards pursuant to section Government and Indian tribes, or on the of special characters and any form of 12(d) of the National Technology distribution of power and encryption. Copies of electronic Transfer and Advancement Act of 1995 responsibilities between the Federal objections and hearing requests will also (NTTAA), Public Law 104–113, section Government and Indian tribes, as be accepted on disks in WordPerfect 12(d) (15 U.S.C. 272 note). Since specified in Executive Order 13175. 6.1/8.0 or ASCII file format. Do not tolerances and exemptions that are Thus, Executive Order 13175 does not include any CBI in your electronic copy. established on the basis of a petition apply to this rule. You may also submit an electronic copy under section 408(d) of FFDCA, such as VIII. Congressional Review Act of your request at many Federal the tolerance in this final rule, do not Depository Libraries. require the issuance of a proposed rule, The Congressional Review Act, 5 the requirements of the Regulatory U.S.C. 801 et seq., as added by the Small B. When Will the Agency Grant a Flexibility Act (RFA) (5 U.S.C. 601 et Business Regulatory Enforcement Request for a Hearing? seq.) do not apply. In addition, the Fairness Act of 1996, generally provides A request for a hearing will be granted Agency has determined that this action that before a rule may take effect, the if the Administrator determines that the will not have a substantial direct effect agency promulgating the rule must material submitted shows the following: on States, on the relationship between submit a rule report, which includes a There is a genuine and substantial issue the national government and the States, copy of the rule, to each House of the

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Congress and to the Comptroller General Commodity Parts per million monitoring facility from the list of of the United States. EPA will submit a protected field installations set forth in report containing this rule and other Vegetable, leaves § 0.121(b) of the rules. These locations required information to the U.S. Senate, of root and are protected from harmful radio the U.S. House of Representatives, and tuber, group 2 ... 30 frequency interference to the the Comptroller General of the United Vegetable, legume, Commission’s monitoring activities that edible podded, States prior to publication of this final subgroup 6A ...... 1.5 could be produced by the proximity of rule in theFederal Register. This final Vegetable, root, any nearby radio transmitting facilities. rule is not a ‘‘major rule’’ as defined by subgroup 1A ...... 0.5 Pursuant to the authority contained in 5 U.S.C. 804(2). sections 4(i) and (5) of the * * * * * Communications Act of 1934, as List of Subjects in 40 CFR Part 180 amended, and § 0.231(b) of the rules, [FR Doc. 04–21804 Filed 9–28–04; 8:45 am] part 0 of the rules is amended as set Environmental protection, BILLING CODE 6560–50–S forth in the rule changes. Administrative practice and procedure, As the rule amendment adopted in Agricultural commodities, Pesticides the Order pertains to agency and pests, Reporting and recordkeeping FEDERAL COMMUNICATIONS organization, procedure and practice, requirements. COMMISSION the notice and comment provision of the Dated: September 22, 2004. Administrative Procedure Act contained 47 CFR Part 0 in 5 U.S.C. 553(b) is inapplicable. Lois Rossi, The Commission will not send a copy [DA 04–2923] Director, Registration Division, Office of of this Order pursuant to the Pesticide Programs. Commission Organization Congressional Review Act, see 5 U.S.C. I Therefore, 40 CFR chapter I is 801(a)(1)(A), because the adopted rule amended as follows: AGENCY: Federal Communications are rules of agency organization, Commission. procedure, or practice that do not PART 180—[AMENDED] ACTION: Final rule. ‘‘substantially affect the rights or obligations of non-agency parties.’’ I 1. The authority citation for part 180 SUMMARY: This document amends part 0 The rule amendment set forth in the continues to read as follows: of the Commission’s rules to update the rule changes will become effective Authority: 21 U.S.C. 321(q), 346a and 371. geographical coordinate locations of the September 29, 2004. Commission’s protected field I 2. Section 180.544 is amended by installations where radio spectrum List of Subjects in 47 CFR Part 0 alphabetically adding the following monitoring operations are conducted to Organization and functions commodities to the table in paragraph (a) delete the Commission’s Anchorage, (Government agencies). to read as follows: Alaska monitoring facility. Federal Communications Commission. § 180.544 Methoxyfenozide; tolerances for DATES: Effective September 29, 2004. Joseph P. Casey. residues. FOR FURTHER INFORMATION CONTACT: Spectrum Enforemtion Division Enforcement Bureau (a)*** Gabriel Collazo, Enforcement Bureau, Spectrum Enforcement Division, (202) Rule Changes Commodity Parts per million 418–1160. For the reasons discussed in the SUPPLEMENTARY INFORMATION: This is a preamble, the Federal Communications ***** summary of the Commission’s Order, Commission amends 47 CFR part 0 as Black sapote ...... 0.5 DA 04–2923, adopted on September 8, follows: ***** 2004, and released on September 13, Canistel ...... 0.5 ***** 2004. The complete text of this Order is PART 0—COMMISSION Coriander, leaves 30 available for inspection and copying ORGANIZATION ***** during normal business hours in the Mamey sapote ...... 0.5 FCC Reference Information Center, 445 I 1. The authority citation for part 0 Mango ...... 0.5 12th Street, SW., Room CY–A257, continues to read as follows: ***** Washington, DC 20554. In addition, the Authority: Secs. 5, 48 Stat. 1068, as Papaya ...... 0.5 complete text may be retrieved from the amended; 47 U.S.C. 155. Pea and bean, FCC’s Web site at http://www.fcc.gov. succulent The text may also be purchased from the § 0.121 [Amended] shelled, sub- I group 6B ...... 0.2 Commission’s duplicating contractor, 2. Section 0.121 is amended by ***** Best Copy and Printing, Inc., 445 12th revising paragraph (b) to read as follows: Peppermint ...... 7.0 Street, SW., Room CY–B402, * * * * * ***** Washington, DC 20554, telephone (202) (b) Protected field offices are located Sapodilla ...... 0.5 488–5300, or (800) 378–3160. at the following geographical ***** The Order amends § 0.121(b) of the coordinates (coordinates are referenced Spearmint ...... 7.0 rules to update the geographical to North American Datum 1983 Star apple ...... 0.5 coordinate locations of the (NAD83)): Strawberries ...... 1.5 Commission’s protected field ° ′ ″ ***** Allegan, Michigan, 42 36 20.1 N. Vegetable, foliage installations where radio spectrum Latitude, 85°57′20.1″ W. Longitude of legume, (ex- monitoring operations are conducted. Belfast, Maine, 44°26′42.3″ N. Latitude, cept soy- Specifically, the Order deletes the 69°04′56.1″ W. Longitude bean)subgroup geographical coordinates of the Canandaigua, New York, 42°54′48.2″ N. 7A ...... 35 Commission’s Anchorage, Alaska Latitude, 77°15′57.9″ W. Longitude

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Douglas, Arizona, 31°30′02.3″ N. Kingsville, Texas, 27°26′30.1″ N. Santa Isabel, Puerto Rico, 18°00′18.9″ N. Latitude, 109°39′14.3″ W. Longitude Latitude, 97°53′01.0″ W. Longitude Latitude, 66°22′30.6″ W. Longitude Ferndale, Washington, 48°57′20.4″ N. Laurel, Maryland, 39°09′54.4″ N. Vero Beach, Florida, 27°36′22.1″ N. Latitude, 122°33′17.6″ W. Longitude Latitude, 76°49′15.9″ W. Longitude Latitude, 80°38′05.2″ W. Longitude ° ′ ″ ° ′ ″ Waipahu, Hawaii, 21°22′33.6″ N. Grand Island, Nebraska, 40 55 21.0 N. Livermore, California, 37 43 29.7 N. ° ′ ″ Latitude, 98°25′43.2″ W. Longitude Latitude, 121°45′15.8″ W. Longitude Latitude, 157 59 44.1 W. Longitude Kenai, Alaska, 60°43′26.0″ N. Latitude, Powder Springs, Georgia, 33°51′44.4″ N. [FR Doc. 04–21724 Filed 9–28–04; 8:45 am] 151°20′15.0″ W. Longitude Latitude, 84°43′25.8″ W. Longitude BILLING CODE 6712–01–P

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Proposed Rules Federal Register Vol. 69, No. 188

Wednesday, September 29, 2004

This section of the FEDERAL REGISTER • By mail: Federal Aviation We are interested in your comments on contains notices to the public of the proposed Administration (FAA), New England whether the style of this document is issuance of rules and regulations. The Region, Office of the Regional Counsel, clear, and your suggestions to improve purpose of these notices is to give interested Attention: Rules Docket No. 96–ANE– the clarity of our communications that persons an opportunity to participate in the 35–AD, 12 New England Executive Park, affect you. You may get more rule making prior to the adoption of the final rules. Burlington, MA 01803–5299. information about plain language at • By fax: (781) 238–7055. http://www.faa.gov/language and http:// • By e-mail: 9-ane- www.plainlanguage.gov. DEPARTMENT OF TRANSPORTATION [email protected] You can get the service information Examining the AD Docket Federal Aviation Administration identified in this proposed AD from You may examine the AD Docket Pratt & Whitney, 400 Main St., East (including any comments and service 14 CFR Part 39 Hartford, CT 06108; telephone (860) information), by appointment, between 565–7700, fax (860) 565–1605. 8 a.m. and 4:30 p.m., Monday through [Docket No. 96–ANE–35–AD] You may examine the AD docket at Friday, except Federal holidays. See RIN 2120–AA64 the FAA, New England Region, Office of ADDRESSES for the location. the Regional Counsel, 12 New England Discussion Airworthiness Directives; Pratt & Executive Park, Burlington, MA; or at Whitney JT8D–200 Series Turbofan the National Archives and Records On September 10, 1997, the FAA Engines Administration (NARA). For issued AD 97–19–13, Amendment 39– information on the availability of this 10134 (62 FR 49135, September 19, AGENCY: Federal Aviation material at NARA, call 202–741–6030, 1997). That AD requires installing and Administration (FAA), DOT. or go to: http://www.archives.gov/ periodically inspecting temperature ACTION: Notice of proposed rulemaking federal_register/ indicators on the No. 4 and 5 bearing (NPRM). code_of_federal_regulations/ compartment scavenge oil tube and ibr_locations.html. performance of any necessary corrective SUMMARY: The FAA proposes to action. That AD resulted from a report FOR FURTHER INFORMATION CONTACT: supersede an existing airworthiness of an uncontained turbine failure due to directive (AD) for Pratt & Whitney (PW) Keith Lardie, Aerospace Engineer, Engine Certification Office, FAA, Engine an HPT shaft fracture on an engine that JT8D–200 series turbofan engines. That had the containment hardware installed. AD currently requires installing and and Propeller Directorate, 12 New England Executive Park, Burlington, MA The HPT shaft fractures were caused by periodically inspecting individual or oil fires within the No. 4 and 5 bearing sets of certain part number (P/N) 01803–5299; telephone (781) 238–7189, fax (781) 238–7199. compartment, due to thirteenth stage temperature indicators on the No. 4 and pressure cooling pressure (PCP) air SUPPLEMENTARY INFORMATION: 5 bearing compartment scavenge oil leaking into the bearing compartment. tube and performance of any necessary Comments Invited The PCP air leakage was due to: corrective action. This proposed AD • Inner heat shield cracking; or We invite you to submit any written would require installing and • No. 5 compartment carbon seal relevant data, views, or arguments periodically inspecting two P/N 810486 support burn-through. temperature indicators on all PW JT8D– regarding this proposal. Send your That condition, if not corrected, could 200 series turbofan engines, including comments to an address listed under result in uncontained release of engine those incorporating high pressure ADDRESSES. Include ‘‘AD Docket No. 96– fragments, engine fire, in-flight engine turbine (HPT) containment hardware. ANE–35–AD’’ in the subject line of your shutdown, and possible airplane This proposed AD results from five comments. If you want us to damage. uncontained HPT shaft failures out of acknowledge receipt of your mailed Actions Since AD 97–19–13 Was Issued thirteen HPT shaft fractures. The HPT comments, send us a self-addressed, stamped postcard with the docket shafts fractured through the No. 41⁄2 oil Since that AD 97–19–13 was issued, return holes due to oil fires within the number written on it; we will date- PW found a new source of thirteenth No. 4 and 5 bearing compartment. We stamp your postcard and mail it back to stage PCP air leakage into the No. 4 and are proposing this AD to prevent oil you. We specifically invite comments 5 bearing compartments that might lead fires and the resulting fracture of the on the overall regulatory, economic, to compartment oil fires. The source of HPT shaft, which can result in environmental, and energy aspects of air leaks into the No. 4 and 5 bearing uncontained release of engine the proposed AD. If a person contacts us compartments is from the thirteenth fragments; engine fire; in-flight engine verbally, and that contact relates to a stage PCP air, due to: shutdown; and possible airplane substantive part of this proposed AD, • Inner heat shield cracking; or • damage. we will summarize the contact and No. 5 compartment carbon seal place the summary in the docket. We support burn-through; or DATES: We must receive any comments will consider all comments received by • No. 5 carbon seal sticking in the on this proposed AD by November 29, the closing date and may amend the open position. 2004. proposed AD in light of those This air leakage resulted in oil fires, ADDRESSES: Use one of the following comments. fracturing the HPT shaft through the No. addresses to submit comments on this We are reviewing the writing style we 41⁄2 oil return holes, leading to an proposed AD: currently use in regulatory documents. uncontained turbine failure. We are

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proposing this AD to prevent oil fires on a substantial number of small entities Installation of the Dual-Window and the resulting fracture of the HPT under the criteria of the Regulatory Temperature Indicators shaft, which can result in uncontained Flexibility Act. (f) Install two dual-window temperature release of engine fragments; engine fire; We prepared a summary of the costs indicators on the No. 4 and 5 bearing in-flight engine shutdown; and possible to comply with this proposal and placed compartment scavenge oil tubes of PW JT8D– airplane damage. it in the AD Docket. You may get a copy 200 series turbofan engines within 90 days Relevant Service Information of this summary by sending a request to after the effective date of this AD. Use us at the address listed under paragraph 1.A. of Accomplishment We have reviewed and approved the ADDRESSES. Include ‘‘AD Docket No. 96– Instructions of PW Alert Service Bulletin technical contents of PW Alert Service ANE–35–AD’’ in your request. (ASB) No. 5944, Revision 4, dated April 8, Bulletin (ASB) No. 5944, Revision 4, 2004, to install the temperature indicators. dated April 8, 2004. The ASB describes List of Subjects in 14 CFR Part 39 procedures for installing and inspecting Initial Visual Inspection of the Dual-Window temperature indicator devices on the Air transportation, Aircraft, Aviation Temperature Indicators No. 4 and 5 bearing compartment safety, Safety. (g) Perform initial visual inspection of the scavenge tubes on PW JT8D–200 series The Proposed Amendment dual-window temperature indicators turbofan engines. installed in paragraph (f) of this AD within Accordingly, under the authority 65 hours time-in-service (TIS) since FAA’s Determination and Requirements delegated to me by the Administrator, installation. of the Proposed AD the FAA proposes to amend 14 CFR part (1) If the color of any temperature indicator We have evaluated all pertinent 39 as follows: window has turned black, perform information and identified an unsafe troubleshooting, diagnostic testing, and condition that is likely to exist or PART 39—AIRWORTHINESS corrective action as required, using paragraph develop on other products of this same DIRECTIVES 1.B. of the Accomplishment Instructions of type design. We are proposing this AD, PW ASB No. 5944, Revision 4, dated April which would require installation and 1. The authority citation for part 39 8, 2004. inspection of temperature indicator continues to read as follows: (2) If one temperature indicator is missing, inspect the remaining temperature indicator. devices on the No. 4 and 5 bearing Authority: 49 U.S.C. 106(g), 40113, 44701. compartment scavenge tube. The If the remaining temperature indicator has proposed AD would require that you do § 39.13 [Amended] turned black, perform troubleshooting, diagnostic testing, and corrective action as these actions using the service 2. The Federal Aviation information described previously. required, using paragraph 1.B. of the Administration (FAA) amends § 39.13 Accomplishment Instructions of PW ASB No. Costs of Compliance by removing Amendment 39–10134 (62 5944, Revision 4, dated April 8, 2004. If the FR 49135, September 19, 1997) and by There are about 2,345 PW JT8D–200 remaining temperature indicator has not adding a new airworthiness directive series turbofan engines of the affected turned black, replace the missing (AD) to read as follows: design in the worldwide fleet. We temperature indicator as specified in estimate that 1,143 engines installed on Pratt & Whitney: Docket No. 96–ANE–35– paragraph (f) of this AD, and inspect as airplanes of U.S. registry would be AD. Supersedes AD 97–19–13, specified in paragraph (g) of this AD, prior affected by this proposed AD. We also Amendment 39–10134. to returning the engine to service. (3) If both temperature indicators are estimate that it would take about 1 work Comments Due Date hour per engine to perform the proposed missing, remove the engine from service. (a) The FAA must receive comments on (4) Prior to returning the engine to service, actions, and that the average labor rate this AD action by November 29, 2004. is $65 per work hour. Required parts replace any temperature indicator that has turned black as specified in paragraph (f) of would cost about $37 per engine. Based Affected ADs this AD and inspect as specified in paragraph on these figures, we estimate the total (b) This AD supersedes AD 97–19–13, (g) of this AD. cost of the proposed AD to U.S. Amendment 39–10134. operators to be $116,586. Applicability Repetitive Visual Inspection of the Dual- Window Temperature Indicators Regulatory Findings (c) This AD applies to Pratt & Whitney (PW) JT8D–200 series turbofan engines. (h) Perform repetitive visual inspections of We have determined that this the dual-window temperature indicators proposed AD would not have federalism These engines are installed on, but not limited to, McDonnell Douglas MD–80 series installed in paragraph (f) of this AD within implications under Executive Order and Boeing 727 series airplanes. 65 hours TIS since last inspection. Use 13132. This proposed AD would not paragraph (g) of this AD to inspect the Unsafe Condition have a substantial direct effect on the temperature indicators. States, on the relationship between the (d) This AD results from five uncontained national Government and the States, or high pressure turbine (HPT) shaft failures out Material Incorporated by Reference on the distribution of power and of thirteen HPT shaft fractures due to oil fires (i) None. responsibilities among the various in the No. 4 and 5 bearing compartments. We Related Information levels of government. are proposing this AD to prevent oil fires; For the reasons discussed above, I fracture of the HPT shaft, which can result (j) None. in uncontained release of engine fragments; certify that the proposed regulation: Issued in Burlington, Massachusetts, on 1. Is not a ‘‘significant regulatory engine fire; in-flight engine shutdown; and possible airplane damage. September 22, 2004. action’’ under Executive Order 12866; Francis A. Favara, 2. Is not a ‘‘significant rule’’ under the Compliance DOT Regulatory Policies and Procedures Acting Manager, Engine and Propeller (e) You are responsible for having the Directorate, Aircraft Certification Service. (44 FR 11034, February 26, 1979); and actions required by this AD performed within 3. Would not have a significant the compliance times specified unless the [FR Doc. 04–21812 Filed 9–28–04; 8:45 am] economic impact, positive or negative, actions have already been done. BILLING CODE 4910–13–P

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DEPARTMENT OF TRANSPORTATION DC, between 9 a.m. and 5 p.m., Monday business, labor union, etc.). You can through Friday, except Federal holidays. review DOT’s complete Privacy Act Federal Aviation Administration For service information identified in Statement in the Federal Register this proposed AD, contact Boeing published on April 11, 2000 (65 FR 14 CFR Part 39 Commercial Airplanes, P.O. Box 3707, 19477–78), or you can visit http:// Seattle, Washington 98124–2207. dms.dot.gov. [Docket No. FAA–2004–19200; Directorate You can examine the contents of this Identifier 2003–NM–195–AD] We are reviewing the writing style we AD docket on the Internet at http:// currently use in regulatory documents. RIN 2120–AA64 dms.dot.gov, or at the Docket We are interested in your comments on Management Facility, U.S. Department whether the style of this document is Airworthiness Directives; Boeing of Transportation, 400 Seventh Street clear, and your suggestions to improve Model 747–100, –100B, –100B SUD, SW., room PL–401, on the plaza level of the clarity of our communications that –200B, –200C, –200F, and –300 Series the Nassif Building, Washington, DC. affect you. You can get more Airplanes; and Model 747SP and FOR FURTHER INFORMATION CONTACT: information about plain language at 747SR Series Airplanes; Equipped with Candice Gerretsen, Aerospace Engineer, http://www.faa.gov/language and http:// Pratt & Whitney JT9D–3, and –7 Airframe Branch, ANM–120S, FAA, www.plainlanguage.gov. (except –70) Series Engines or General Seattle Aircraft Certification Office, Examining the Docket Electric CF6–50 Series Engines with 1601 Lind Avenue, SW., Renton, Modified JT9D–7 Inboard Struts Washington 98055–4056; telephone You can examine the AD docket in (425) 917–6428; fax (425) 917–6590. person at the Docket Management AGENCY: Federal Aviation Facility office between 9 a.m. and 5 Administration (FAA), DOT. SUPPLEMENTARY INFORMATION: p.m., Monday through Friday, except ACTION: Notice of proposed rulemaking Docket Management System (DMS) Federal holidays. The Docket (NPRM). The FAA has implemented new Management Facility office (telephone (800) 647–5227) is located on the plaza SUMMARY: The FAA proposes to adopt a procedures for maintaining AD dockets level of the Nassif Building at the DOT new airworthiness directive (AD) for electronically. As of May 17, 2004, new street address stated in the ADDRESSES certain Boeing airplanes listed above. AD actions are posted on DMS and section. Comments will be available in This proposed AD would require assigned a docket number. We track the AD docket shortly after the DMS repetitive detailed inspections of the each action and assign a corresponding receives them. midspar web of the inboard and/or directorate identifier. The DMS AD outboard struts for cracking, disbonding, docket number is in the form ‘‘Docket Discussion or buckling; repetitive detailed No. FAA–2004–99999.’’ The Transport inspections of the midspar stiffeners for Airplane Directorate identifier is in the We have received reports of cracking any crack or fracture; related form ‘‘Directorate Identifier 2004–NM– in the midspar web, and one report of investigative actions; and corrective 999–AD.’’ Each DMS AD docket also a fractured stiffener on certain Boeing actions, if necessary. This proposed AD lists the directorate identifier (‘‘Old Model 747 series airplanes with Pratt & is prompted by reports of cracking in Docket Number’’) as a cross-reference Whitney Model JT9D–7 series engines. the midspar web. We are proposing this for searching purposes. The cracking/fracture was caused by fatigue and sonic-induced vibration. AD to detect and correct cracking in the Comments Invited midspar assembly, which could result This condition, if not detected and in the loss of the midspar assembly load We invite you to submit any written corrected, could result in the loss of the path, and could, combined with the loss relevant data, views, or arguments midspar assembly load path, and could, of the Nacelle Station 180 bulkhead load regarding this proposed AD. Send your combined with the loss of the Nacelle path, lead to the separation of the comments to an address listed under Station 180 bulkhead load path, lead to engine from the airplane. ADDRESSES. Include ‘‘Docket No. FAA– the separation of the engine from the 2004–19200; Directorate Identifier airplane. DATES: We must receive comments on 2003–NM–195–AD’’ in the subject line Similar Design this proposed AD by November 15, of your comments. We specifically 2004. invite comments on the overall The subject area on Boeing Model 747 ADDRESSES: Use one of the following regulatory, economic, environmental, series airplanes with Pratt & Whitney addresses to submit comments on this and energy aspects of the proposed AD. Model JT9D–3 series engines or General proposed AD. We will consider all comments Electric Model CF6–50 series engines • DOT Docket Web Site: Go to http: submitted by the closing date and may with modified JT9D–7 inboard struts is //dms.dot.gov and follow the amend the proposed AD in light of those identical to that on the affected Model instructions for sending your comments comments. 747 series airplanes with JT9D–7 series electronically. We will post all comments we engines. Therefore, those Model 747 • Government-wide Rulemaking Web receive, without change, to http:// series airplanes with JT9D–3 series Site: Go to http://www.regulations.gov dms.dot.gov, including any personal engines or CF6–50 series engines with and follow the instructions for sending information you provide. We will also modified JT9D–7 inboard struts may be your comments electronically. post a report summarizing each subject to the same unsafe condition • Mail: Docket Management Facility, substantive verbal contact with FAA revealed on the Model 747 series U.S. Department of Transportation, 400 personnel concerning this proposed AD. airplanes with JT9D–7 series engines. Seventh Street SW., Nassif Building, Using the search function of that Web Relevant Service Information room PL–401, Washington, DC 20590. site, anyone can find and read the • By Fax: (202) 493–2251. comments in any of our dockets, We have reviewed Boeing Alert • Hand Delivery: Room PL–401 on including the name of the individual Service Bulletin 747–54A2219, dated the plaza level of the Nassif Building, who sent the comment (or signed the September 4, 2003, which describes the 400 Seventh Street SW., Washington, comment on behalf of an association, following procedures:

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• For Group 1 and 2 airplanes: Differences Between the Proposed AD PART 39—AIRWORTHINESS Performing repetitive detailed and the Service Bulletin DIRECTIVES inspections of the midspar web of the inboard struts for cracking, disbonding, Operators should note that, although 1. The authority citation for part 39 or buckling. the service bulletin specifies that the continues to read as follows: manufacturer may be contacted for • Authority: 49 U.S.C. 106(g), 40113, 44701. For Group 1 airplanes: Performing disposition of certain repair conditions, repetitive detailed inspections of the this proposal would require the repair of § 39.13 [Amended] midspar web of the outboard struts for those conditions to be accomplished per 2. The FAA amends § 39.13 by adding cracking, disbonding, or buckling. a method approved by the FAA, or per the following new airworthiness • For Group 1 and 2 airplanes: data meeting the type certification basis directive (AD): Performing repetitive detailed of the airplane approved by a Boeing Boeing: Docket No. FAA–2004–19200; inspections of the midspar stiffeners of Company Designated Engineering Directorate Identifier 2003–NM–195–AD. the inboard struts for any crack or Representative who has been authorized Comments Due Date fracture. by the FAA to make such findings. • (a) The Federal Aviation Administration For Group 1 airplanes: Performing Costs of Compliance (FAA) must receive comments on this AD repetitive detailed inspections of the action by November 15, 2004. midspar stiffeners of the outboard struts This proposed AD would affect about Affected ADs for any crack or fracture. 78 airplanes of U.S. registry and 228 airplanes worldwide. The proposed (b) None. • For Group 1 and 2 airplanes: actions would take about 6 to 13 work Applicability: (c) This AD applies to Performing related investigative actions. hours per airplane, at an average labor Boeing Model 747–100, –100B, –100B SUD, The related investigative actions include –200B, –200C, –200F, and –300 series rate of $65 per work hour. Based on performing a high frequency eddy airplanes; and Model 747SP and 747SR series these figures, the estimated cost of the current (HFEC) or penetrant inspection airplanes; certificated in any category; proposed AD for U.S. operators is for cracking of any buckle found on the equipped with Pratt & Whitney JT9D–3, and between $30,420 and $65,910, or midspar web and performing an –7 (except–70) series engines or General between $390 and $845 per airplane, Electric CF6–50 series engines with modified ultrasonic inspection for disbonding of per inspection cycle. JT9D–7 inboard struts; as listed in Boeing any buckle found on the midspar web. Alert Service Bulletin 747–54A2219, dated • For Group 1 and 2 airplanes: Regulatory Findings September 4, 2003. Performing corrective actions, if We have determined that this Unsafe Condition necessary. The corrective actions proposed AD would not have federalism (d) This AD was prompted by reports of include repairing the midspar web or implications under Executive Order cracking in the midspar web. We are issuing replacing the midspar stiffener with a 13132. This proposed AD would not this AD to detect and correct cracking in the new midspar stiffener (includes an have a substantial direct effect on the midspar assembly, which could result in the HFEC inspection of the stiffener hole for States, on the relationship between the loss of the midspar assembly load path, and any crack), and contacting Boeing if any national Government and the States, or could, combined with the loss of the Nacelle Station 180 bulkhead load path, lead to the crack is found in the stiffener hole or if on the distribution of power and any buckle is found that does not have separation of the engine from the airplane. responsibilities among the various Compliance: (e) You are responsible for any cracking and the web is not levels of government. having the actions required by this AD disbonded. For the reasons discussed above, I performed within the compliance times We have determined that certify that the proposed regulation: specified, unless the actions have already been done. accomplishing the actions specified in 1. Is not a ‘‘significant regulatory the service bulletin will adequately action’’ under Executive Order 12866; Compliance Times address the unsafe condition. 2. Is not a ‘‘significant rule’’ under the (f) Within 18 months after the effective FAA’s Determination and Requirements DOT Regulatory Policies and Procedures date of this AD, do the actions in paragraphs of the Proposed AD (g) and (h) of this AD, as applicable. Repeat (44 FR 11034, February 26, 1979); and the actions thereafter at intervals not to 3. Will not have a significant We have evaluated all pertinent exceed 1,200 flight cycles. economic impact, positive or negative, information and identified an unsafe Inboard Strut Midspar Inspection on a substantial number of small entities condition that is likely to exist or under the criteria of the Regulatory (g) For Group 1 and 2 airplanes specified develop on other airplanes of this same Flexibility Act. in paragraph 1.A.1. of Boeing Alert Service type design. Therefore, we are Bulletin 747–54A2219, dated September 4, proposing this AD, which would require We prepared a regulatory evaluation 2003: Perform a detailed inspection of the repetitive detailed inspections of the of the estimated costs to comply with midspar web of the inboard struts for midspar web of the inboard and/or this proposed AD. See the ADDRESSES cracking, disbonding, or buckling; a detailed inspection of the midspar stiffeners for any outboard struts for cracking, disbonding, section for a location to examine the regulatory evaluation. crack or fracture; related investigative or buckling; repetitive detailed actions; and any applicable corrective inspections of the midspar stiffeners for List of Subjects in 14 CFR Part 39 actions; in accordance with ‘‘Part 1’’ of the any crack or fracture; related Work Instructions of Boeing Alert Service investigative actions; and corrective Air transportation, Aircraft, Aviation Bulletin 747–54A2219, dated September 4, actions, if necessary. The proposed AD safety, Safety. 2003; except as required by paragraph (i) of this AD. Perform any related investigative would require you to use the service The Proposed Amendment information described previously to actions and any applicable corrective actions perform these actions, except as Accordingly, under the authority before further flight. discussed under ‘‘Differences Between delegated to me by the Administrator, Outboard Strut Midspar Inspection the Proposed AD and the Service the FAA proposes to amend 14 CFR part (h) For Group 1 airplanes specified in Bulletin.’’ 39 as follows: paragraph 1.A.1. of Boeing Alert Service

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Bulletin 747–54A2219, dated September 4, ACTION: Notice of proposed rulemaking FOR FURTHER INFORMATION CONTACT: 2003: Perform a detailed inspection of the (NPRM). Technical information: Suzanne midspar web of the outboard struts for Masterson, Aerospace Engineer, cracking, disbonding, or buckling; a detailed SUMMARY: The FAA proposes to Airframe Branch, ANM–120S, FAA, inspection of the midspar stiffeners for any supersede an existing airworthiness Seattle Aircraft Certification Office, crack or fracture; related investigative directive (AD) for all Boeing Model 767– 1601 Lind Avenue, SW., Renton, actions; and any applicable corrective 200, –300, and –300F series airplanes. actions; in accordance with ‘‘Part 2’’ of the Washington 98055–4056; telephone Work Instructions of Boeing Alert Service That AD currently requires examination (425) 917–6441; fax (425) 917–6590. Bulletin 747–54A2219, dated September 4, of maintenance records to determine if Plain language information: Marcia 2003; except as required by paragraph (i) of Titanine JC5A (also known as Desoto Walters, [email protected]. this AD. Perform any related investigative 823E508) corrosion inhibiting SUPPLEMENTARY INFORMATION: actions and any applicable corrective actions compound (‘‘C.I.C.’’) was ever used; before further flight. inspection for cracks or corrosion and Docket Management System (DMS) Contact the FAA/Designated Engineering corrective action, if applicable; The FAA has implemented new Representative repetitive inspections and C.I.C. procedures for maintaining AD dockets (i) Where Boeing Alert Service Bulletin applications; and modification of the aft electronically. As of May 17, 2004, new 747–54A2219, dated September 4, 2003, trunnion area of the outer cylinder, AD actions are posted on DMS and specifies to contact Boeing for appropriate which terminates the need for the assigned a docket number. We track action: Before further flight, repair per a repetitive inspections and C.I.C. each action and assign a corresponding method approved by the Manager, Seattle applications. This proposed AD would directorate identifier. The DMS AD Aircraft Certification Office (ACO), FAA; or also require, for certain other airplanes, docket number is in the form ‘‘Docket per data meeting the type certification basis repetitive inspections for cracks or No. FAA–2004–99999.’’ The Transport of the airplane approved by a Boeing corrosion, corrective action if necessary, Airplane Directorate identifier is in the Company Designated Engineering and repetitive C.I.C. applications. This form ‘‘Directorate Identifier 2004–NM– Representative who has been authorized by 999–AD.’’ Each DMS AD docket also the Manager, Seattle ACO, to make such proposed AD is prompted by a report findings. For a repair method to be approved, that JC5A was used on more airplanes lists the directorate identifier (‘‘Old the approval must specifically reference this during production than previously Docket Number’’) as a cross-reference AD. identified. We are proposing this AD to for searching purposes. prevent severe corrosion in the main Alternative Methods of Compliance Comments Invited (AMOCs) landing gear (MLG) outer cylinder at the aft trunnion, which could develop into We invite you to submit any relevant (j)(1) The Manager, Seattle ACO, FAA, has stress corrosion cracking and written data, views, or arguments the authority to approve AMOCs for this AD, consequent collapse of the MLG. regarding this proposed AD. Send your if requested in accordance with the comments to an address listed under DATES: We must receive comments on procedures found in 14 CFR 39.19. ADDRESSES. Include ‘‘Docket No. FAA– (2) An AMOC that provides an acceptable this proposed AD by November 15, 2004–19201; Directorate Identifier level of safety may be used for any repair 2004. required by this AD, if it is approved by a 2003–NM–100–AD’’ at the beginning of Boeing Company Designated Engineering ADDRESSES: Use one of the following your comments. We specifically invite Representative who has been authorized by addresses to submit comments on this comments on the overall regulatory, the Manager, Seattle ACO, to make those proposed AD. economic, environmental, and energy findings. For a repair method to be approved, • DOT Docket Web Site: Go to http:/ aspects of the proposed AD. We will the approval must specifically refer to this /dms.dot.gov and follow the instructions consider all comments received by the AD. for sending your comments closing date and may amend the electronically. proposed AD in light of those Issued in Renton, Washington, on • Government-wide Rulemaking Web September 21, 2004. comments. Site: Go to http://www.regulations.gov We will post all comments we Kalene C. Yanamura, and follow the instructions for sending receive, without change, to http:// Acting Manager, Transport Airplane your comments electronically. dms.dot.gov, including any personal Directorate, Aircraft Certification Service. • Mail: Docket Management Facility; information you provide. We will also [FR Doc. 04–21821 Filed 9–28–04; 8:45 am] U.S. Department of Transportation, 400 post a report summarizing each BILLING CODE 4910–13–P Seventh Street SW., Nassif Building, substantive verbal contact with FAA room PL–401, Washington, DC 20590. personnel concerning this proposed AD. • Fax: (202) 493–2251. Using the search function of our docket DEPARTMENT OF TRANSPORTATION • Hand Delivery: Room PL–401 on Web site, anyone can find and read the Federal Aviation Administration the plaza level of the Nassif Building, comments in any of our dockets, 400 Seventh Street SW., Washington, including the name of the individual 14 CFR Part 39 DC, between 9 a.m. and 5 p.m., Monday who sent the comment (or signed the through Friday, except Federal holidays. comment on behalf of an association, For service information identified in business, labor union, etc.). You can [Docket No. FAA–2004–19201; Directorate Identifier 2003–NM–100–AD] this proposed AD, contact Boeing review the DOT’s complete Privacy Act Commercial Airplanes, P.O. Box 3707, Statement in the Federal Register Seattle, Washington 98124–2207. published on April 11, 2000 (65 FR RIN 2120–AA64 You can examine the contents of this 19477–78), or you can visit http:// Airworthiness Directives; Boeing AD docket on the Internet at http:// dms.dot.gov. Model 767–200, –300, and –300F Series dms.dot.gov, or at the Docket We are reviewing the writing style we Airplanes Management Facility, U.S. Department currently use in regulatory documents. of Transportation, 400 Seventh Street We are interested in your comments on AGENCY: Federal Aviation SW., room PL–401, on the plaza level of whether the style of this document is Administration (FAA), DOT. the Nassif Building, Washington, DC. clear, and your suggestions to improve

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the clarity of our communications that numbers (L/N) 834 through 874 information described previously to affect you. You can get more inclusive). We have been advised that perform these actions except as information about plain language at JC5A was used on more airplanes discussed under ‘‘Differences Between http://www.faa.gov/language and http:// during production than those previously the Proposed AD and the Service www.plainlanguage.gov. identified in the original issue of Boeing Bulletins.’’ Alert Service Bulletin 767–32A0192. Examining the Docket Differences Between the Proposed AD Based on previous information and the and the Service Bulletins You can examine the AD docket on records examination required by AD the Internet at http://dms.dot.gov, or in 2002–08–07, an operator could have Operators should note that, although person at the Docket Management incorrectly determined that JC5A had the Accomplishment Instructions of the Facility office between 9 a.m. and 5 not been used on certain airplanes and referenced service bulletins require p.m., Monday through Friday, except consequently not corrected the unsafe reporting all corrosion found in the aft Federal holidays. The Docket condition. Therefore, we have trunnions of certain airplanes, this Management Facility office (telephone determined that these airplanes are proposed AD would not require that (800) 647–5227) is located on the plaza subject to the inspections, C.I.C action. level of the Nassif Building at the DOT applications, and modification required Change to Existing AD street address stated in the ADDRESSES by AD 2002–08–07. section. Comments will be available in This proposed AD would retain all the AD docket shortly after the DMS Relevant Service Information requirements of AD 2002–08–07. Since receives them. We have reviewed Boeing Alert AD 2002–08–07 was issued, the AD Discussion Service Bulletin 767–32A0192, Revision format has been revised, and certain 1, dated March 13, 2003. The paragraphs have been rearranged. As a On April 11, 2002, we issued AD procedures specified in Revision 1 of result, the corresponding paragraph 2002–08–07, amendment 39–12715 (67 the service bulletin are essentially the identifiers have changed in this FR 19322, April 19, 2002), for all Boeing proposed AD, as listed in the following Model 767–200, –300, and –300F series same as the procedures specified in the table: airplanes. That AD requires examination original issue of the service bulletin, as of maintenance records to determine if cited in AD 2002–08–07. Revision 1 of REVISED PARAGRAPH IDENTIFIERS Titanine JC5A (also known as Desoto the service bulletin identifies affected 823E508, and hereafter collectively airplanes, L/Ns 834 through 874, as assembled new with JC5A in the outer Corresponding referred to as JC5A) corrosion inhibiting Requirement in AD requirement in this compound (‘‘C.I.C.’’) was ever used; cylinder aft trunnion. Accomplishing 2002–08–07 proposed AD inspection for cracks or corrosion and the actions specified in the service corrective action, if applicable; information is intended to adequately Paragraph (a) ...... Paragraph (g). repetitive inspections and C.I.C. address the unsafe condition. Paragraph (b) ...... Paragraph (h). applications; and modification of the aft Paragraph (c) ...... Paragraph (i). FAA’s Determination and Requirements Paragraph (d) ...... Paragraph (j). trunnion area of the outer cylinder, of the Proposed AD Paragraph (e) ...... Paragraph (k). which terminates the need for the We have evaluated all pertinent Paragraph (f) ...... Paragraph (l). repetitive inspections and C.I.C. Paragraph (g) ...... Paragraph (m). applications. That AD was prompted by information and identified an unsafe Paragraph (h) ...... Paragraph (n). reports of an approved C.I.C. causing condition that is likely to exist or Paragraph (i) ...... Paragraph (q). severe corrosion in the MLG at the outer develop on other products of this same Paragraph (j) ...... Paragraph (r). cylinder aft trunnion on Boeing Model type design. Therefore, we are Paragraph (k) ...... Paragraph (o). 767 series airplanes. We issued that AD proposing this AD, which would Paragraph (l) ...... Paragraph (p). to prevent severe corrosion in the MLG supersede AD 2002–08–07. This outer cylinder at the aft trunnion, which proposed AD would continue to require, We have also changed all references could develop into stress corrosion for certain airplanes, examination of to the ambiguous time of ‘‘years ago’’ in cracking and consequent collapse of the maintenance records to determine if paragraphs (j)(2), (j)(3), (k)(2)(i)(A), MLG. JC5A C.I.C. was ever used; inspection (k)(2)(i)(B), and (m)(2) of this proposed for cracks or corrosion and corrective AD to ‘‘years before May 6, 2002.’’ Actions Since Existing AD Was Issued action, if applicable; repetitive Costs of Compliance Since we issued AD 2002–08–07, we inspections and C.I.C. applications; and have determined that the identified modification of the aft trunnion area of There are about 848 airplanes of the unsafe condition (i.e., corrosion in the the outer cylinder, which terminates the affected design in the worldwide fleet. aft trunnion caused by the use of JC5A, need for the repetitive inspections and This proposed AD would affect about a C.I.C. that deteriorates over time and C.I.C. applications. This proposed AD 357 airplanes of U.S. registry. The new degrades primer and cadmium plating would also require, for certain other requirements of this proposed AD add when it comes into contact with airplanes, repetitive inspections for no additional economic burden for moisture) addressed in that AD could cracks or corrosion, corrective action if operators affected by AD 2002–08–07. still exist on 15 Model 767–200, –300, necessary, and repetitive C.I.C. The current costs for this AD are and –300F series airplanes of U.S. applications. This proposed AD would repeated for the convenience of affected registry (within the group of line require you to use the service operators, as follows:

ESTIMATED COSTS

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

C.I.C. Application ...... 1 $65 (1) $65, per application cycle ...... $23,205 per application cycle.

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ESTIMATED COSTS—Continued

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

Cross Bolt Hole Inspection— 265(1) 130 ...... 46,410. Bushings Removed. Restoration for Bushings Re- 665(1) 390 ...... 139,230. moved. Cross Bolt Inner Chamfer Inspec- 265(1) 130, per inspection cycle ...... 46,410, per inspection cycle. tion—Bushings Not Removed. Restoration for Bushings Not Re- 665(1) 390 ...... 139,230. moved. Terminating Action ...... 64 65 6,356 10,581 ...... 3,777,417. 1 None.

Regulatory Findings Boeing: Docket No. FAA–2004–19201; or Revision 1, dated March 13, 2003. If Directorate Identifier 2003–NM–100–AD. records do not show conclusively which We have determined that this compound was used, assume JC5A was used. proposed AD would not have federalism Comments Due Date Refer to Boeing Alert Service Bulletin 767– implications under Executive Order (a) The Federal Aviation Administration 32A0192, dated May 31, 2001, for the line 13132. This proposed AD would not must receive comments on this airworthiness numbers of airplanes that were assembled have a substantial direct effect on the directive (AD) action by November 15, 2004. new using JC5A. States, on the relationship between the Affected ADs Note 1: Prior to January 31, 2001, if BMS 3–27 was ordered from Boeing, Boeing national Government and the States, or (b) This AD supersedes AD 2002–08–07, shipped JC5A as a substitute. on the distribution of power and amendment 39–12715 (67 FR 19322, April responsibilities among the various 19, 2002). MLGs on Which JC5A Was Not Used levels of government. Applicability: (c) This AD applies to all For the reasons discussed above, I Boeing Model 767–200, –300, and –300F (h) Except as provided by paragraph (p) series airplanes, certificated in any category. (‘‘Use of JC5A Prohibited’’) of this AD, if, certify that the proposed regulation: according to the criteria of paragraph (g) of 1. Is not a ‘‘significant regulatory Unsafe Condition this AD, JC5A was never used, no further action’’ under Executive Order 12866; (d) This AD was prompted by a report that action is required by this AD. 2. Is not a ‘‘significant rule’’ under the Titanine JC5A (also known as Desoto DOT Regulatory Policies and Procedures C.I.C. Applications, Inspections, and 823E508) was used on more airplanes during Corrective Actions if Necessary (44 FR 11034, February 26, 1979); and production than previously identified. We 3. Will not have a significant are issuing this AD to prevent severe (i) For Category 1 MLG outer cylinders as economic impact, positive or negative, corrosion in the main landing gear (MLG) identified in Boeing Alert Service Bulletin on a substantial number of small entities outer cylinder at the aft trunnion, which 767–32A0192, dated May 31, 2001: If, could develop into stress corrosion cracking according to the criteria of paragraph (g) of under the criteria of the Regulatory this AD, JC5A may have been used, perform Flexibility Act. and consequent collapse of the MLG. Compliance: (e) You are responsible for the actions specified in both paragraphs (j) We prepared a regulatory evaluation having the actions required by this AD and (k) of this AD, as applicable, in of the estimated costs to comply with performed within the compliance times accordance with Boeing Alert Service this proposed AD. See the ADDRESSES specified, unless the actions have already Bulletin 767–32A0192, dated May 31, 2001; section for a location to examine the been done. or Revision 1, dated March 13, 2003. regulatory evaluation. (j) For MLGs and MLG outer cylinders Requirements of AD 2002–08–07, identified in paragraphs (j)(1), (j)(2), and (j)(3) List of Subjects in 14 CFR Part 39 Amendment 39–9783: Line Numbers (L/N) 1 of this AD: Within 90 days after May 6, 2002, Through 833 Inclusive, and 875 and perform the C.I.C. application on the MLG in Air transportation, Aircraft, Aviation Subsequent safety, Safety. accordance with ‘‘Part 3—C.I.C. Application’’ (f) For airplanes with L/Ns 1 through 833 of the Accomplishment Instructions of The Proposed Amendment inclusive, and 875 and subsequent: Boeing Alert Service Bulletin 767–32A0192, Do the actions specified in paragraphs (g) dated May 31, 2001; or Revision 1, dated Accordingly, under the authority through (q) of this AD, as applicable. March 13, 2003. Thereafter, repeat at delegated to me by the Administrator, intervals not to exceed 180 days until the the FAA proposes to amend 14 CFR part Records Examination terminating action required by paragraph (q) 39 as follows: (g) Within 90 days after May 6, 2002 (the of this AD has been accomplished. effective date of AD 2002–08–07, amendment (1) MLG outer cylinders that are less than PART 39—AIRWORTHINESS 39–9783), examine airplane records to 3 years old since new. DIRECTIVES determine if Titanine JC5A or Desoto (2) MLGs that have been overhauled less 823E508 (hereafter collectively referred to as than 3 years before May 6, 2002. 1. The authority citation for part 39 ‘‘JC5A’’) corrosion inhibiting compound (3) MLGs on which rework per Boeing continues to read as follows: (‘‘C.I.C.’’) was used in the aft trunnion area Alert Service Bulletin 767–32A0148, dated of the MLG outer cylinder during general December 21, 1995; Revision 1, dated Authority: 49 U.S.C. 106(g), 40113, 44701. maintenance, overhaul, or incorporation of October 10, 1996; or Revision 2, dated § 39.13 [Amended] Boeing Alert Service Bulletin 767–32A0148, November 30, 2000, was accomplished less dated December 21, 1995; Revision 1, dated than 3 years before May 6, 2002. 2. The FAA amends § 39.13 by October 10, 1996 (required by paragraph (e) (k) Before the MLG outer cylinder is 3 removing amendment 39–12715 (67 FR of AD 96–21–06, amendment 39–9783); or years old since new, since last overhaul, or 19322, April 19, 2002) and adding the Revision 2, dated November 30, 2000; in since rework per Boeing Alert Service following new airworthiness directive accordance with Boeing Alert Service Bulletin 767–32A0148, dated December 21, (AD): Bulletin 767–32A0192, dated May 31, 2001; 1995; Revision 1, dated October 10, 1996; or

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Revision 2, dated November 30, 2000; or 1995; Revision 1, dated October 10, 1996; or service bulletin, until the next MLG within 90 days after May 6, 2002; whichever Revision 2, dated November 30, 2000; was overhaul. After the next MLG overhaul has is later; perform a detailed inspection for accomplished less than 5 years before May 6, been completed, no further action is required cracks and corrosion of the cross bolt bushing 2002: Within 18 months after performing the by this AD. holes and chamfers in accordance with ‘‘Part detailed inspection required by paragraph (k) (2) If any corrosion is found during the 1—Cross Bolt Hole Inspection—Bushings of this AD. detailed inspection required by paragraph (n) Removed’’ of the Accomplishment (B) If the MLG outer cylinder is 5 years old of this AD, before further flight, remove the Instructions of Boeing Alert Service Bulletin or more since new, if the MLG was last cross bolt bushings and perform the detailed 767–32A0192, dated May 31, 2001; or overhauled 5 years or more before May 6, inspection specified in paragraph (k) of this Revision 1, dated March 13, 2003. 2002, or if rework per Boeing Alert Service AD, and remove the corrosion per Figure 2 Note 2: For the purposes of this AD, a Bulletin 767–32A0148, dated December 21, of the service bulletin. detailed inspection is defined as: ‘‘An 1995; Revision 1, dated October 10, 1996; or (i) If all of the corrosion can be removed, intensive examination of a specific item, Revision 2, dated November 30, 2000; was perform the actions specified in paragraph installation, or assembly to detect damage, accomplished 5 years or more before May 6, (n)(2)(i)(A) and (n)(2)(i)(B) of this AD, at the 1 failure, or irregularity. Available lighting is 2002: Before the MLG outer cylinder is 6 ⁄2 applicable times indicated. normally supplemented with a direct source years old since new, since last overhaul, or (A) Prior to further flight, perform the of good lighting at an intensity deemed since rework per Boeing Alert Service restoration steps shown in Figure 2 of the appropriate. Inspection aids such as mirror, Bulletin 767–32A0148, dated December 21, service bulletin; and thereafter at intervals magnifying lenses, etc., may be necessary. 1995; Revision 1, dated October 10, 1996; or not to exceed 180 days, perform the C.I.C. Surface cleaning and elaborate procedures Revision 2, dated November 30, 2000; application on the MLG in accordance with whichever is later. may be required.’’ ‘‘Part 3—C.I.C. Application’’ of the (ii) If any corrosion cannot be removed, (1) If no crack or corrosion is found during Accomplishment Instructions of the service before further flight, perform the terminating the detailed inspection required by paragraph bulletin. action described in paragraph (q) of this AD. (k) of this AD, perform the actions in (B) Within 18 months after the corrosion (3) If any crack is found anywhere during paragraphs (k)(1)(i), (k)(1)(ii), and (k)(1)(iii) of removal required by paragraph (n)(2) of this the detailed inspection required in paragraph this AD, at the applicable times indicated. AD, perform the terminating action described (k) of this AD, or if corrosion in the inner (i) Before further flight, perform the in paragraph (q) of this AD. cross bolt hole chamfers is found, before restoration steps shown in Figure 2 of the (ii) If all the corrosion cannot be removed, further flight, perform the terminating action service bulletin; and thereafter at intervals before further flight, perform the terminating described in paragraph (q) of this AD. not to exceed 180 days, perform the C.I.C. action required by paragraph (q) of this AD. (l) For Category 2 MLG outer cylinders as application on the landing gear in accordance (3) If any crack is found during the detailed with ‘‘Part 3—C.I.C. Application’’ of the identified in Boeing Alert Service Bulletin 767–32A0192, dated May 31, 2001: If, inspection required by paragraph (n) of this Accomplishment Instructions of the service AD, before further flight, perform the bulletin. according to the criteria of paragraph (g) of this AD, JC5A may have been used, perform terminating action described in paragraph (q) (ii) Within 18 months after performing the of this AD. detailed inspection required by paragraph (k) the actions specified in both paragraphs (m) of this AD, and thereafter at intervals not to and (n) of this AD, as applicable, in Parts Installation accordance with Boeing Alert Service exceed 18 months, perform the detailed (o) As of May 6, 2002, no person shall Bulletin 767–32A0192, dated May 31, 2001; inspection for cracks and corrosion of the install on any airplane an MLG outer or Revision 1, dated March 13, 2003. cross bolt hole inner chamfer, in accordance cylinder unless maintenance records (m) For MLGs and MLG outer cylinders with ‘‘Part 2—Cross Bolt Hole Inner Chamfer conclusively show that JC5A has never been identified in paragraphs (m)(1) and (m)(2) of Inspection—Bushings Not Removed’’ of the used on that MLG outer cylinder, or unless this AD: Within 90 days after May 6, 2002, Accomplishment Instructions of the service it complies with paragraph (q) of this AD. bulletin, until the terminating action required perform the C.I.C. application on the MLG in by paragraph (q) of this AD has been accordance with ‘‘Part 3—C.I.C. Application’’ Use of JC5A Prohibited accomplished. of the Accomplishment Instructions of (p) As of May 6, 2002, no person shall use (iii) Before the MLG cylinder is 61⁄2 years Boeing Alert Service Bulletin 767–32A0192, the C.I.C. JC5A in the aft trunnion area of the old since new, since last overhaul, or since dated May 31, 2001; or Revision 1, dated MLG outer cylinder on any airplane. rework per Boeing Alert Service Bulletin March 13, 2003. Thereafter, repeat the 767–32A0148, dated December 21, 1995; application at intervals not to exceed 180 Terminating Action Revision 1, dated October 10, 1996; or days until the terminating action required by (q) Perform the terminating action Revision 2, dated November 30, 2000; paragraph (q) of this AD has been (including removal of the existing bushings, whichever is later; perform the terminating accomplished. repair of the aft trunnion area of the outer action described in paragraph (q) of this AD. (1) MLG outer cylinders that are less than cylinder, and machining and installation of (2) If any corrosion is found on the cross 3 years old since new. new bushings) in accordance with ‘‘Part 4— bolt holes or outer chamfers during the (2) MLGs that have been overhauled less Terminating Action’’ of the Accomplishment detailed inspection required by paragraph (k) than 3 years before May 6, 2002. Instructions of Boeing Alert Service Bulletin of this AD, before further flight, remove the (n) Before the MLG outer cylinder is 3 767–32A0192, dated May 31, 2001; or corrosion per Figure 2 of the service bulletin. years old since new or since the last Revision 1, dated March 13, 2003. (i) If all of the corrosion can be removed: overhaul, or within 90 days after May 6, Completion of the terminating action Before further flight, perform the restoration 2002, whichever is later, perform a detailed terminates the requirements for the repetitive steps shown in Figure 2 of the service inspection for cracks and corrosion of the inspections and C.I.C. applications of this bulletin; thereafter at intervals not to exceed cross bolt hole inner chamfer, in accordance AD. 180 days, perform the C.I.C. application on with ‘‘Part 2—Cross Bolt Hole Inner Chamfer the MLG in accordance with ‘‘Part 3—C.I.C. Inspection—Bushings Not Removed’’ of the Credit for Terminating Action Application’’ of the Accomplishment Accomplishment Instructions of Boeing Alert (r) For all airplanes, accomplishment of the Instructions of the service bulletin; and Service Bulletin 767–32A0192, dated May actions specified in paragraph (q) of this AD perform the terminating action described in 31, 2001; or Revision 1, dated March 13, is considered acceptable for compliance with paragraph (q) of this AD, at the applicable 2003. the requirements of paragraph (e) of AD time specified in paragraph (k)(2)(i)(A) or (1) If no crack or corrosion is found during 2002–01–13, amendment 39–12607. (k)(2)(i)(B) of this AD. the inspection required by paragraph (n) of (A) If the MLG outer cylinder is less than this AD, before further flight, and thereafter New Requirements of This AD: L/Ns 834 5 years old since new, if the MLG was last at intervals not to exceed 180 days, perform Through 874 Inclusive overhauled less than 5 years before May 6, the C.I.C. application on the MLG in (s) For airplanes with L/Ns 834 through 2002, or if rework per Boeing Alert Service accordance with ‘‘Part 3—C.I.C. Application’’ 874 inclusive: Do the actions specified in Bulletin 767–32A0148, dated December 21, of the Accomplishment Instructions of the paragraphs (s)(1), (s)(2), and (s)(3) of this AD.

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(1) Within 90 days after the effective date prompted by a report of damage caused 999–AD.’’ Each DMS AD docket also of this AD, and thereafter at intervals not to by an electrical arc in a connector on the lists the directorate identifier (‘‘Old exceed 180 days: Do the actions specified in cable assembly for the lower anti- Docket Number’’) as a cross-reference paragraph (m) of this AD until the collision light. We are proposing this for searching purposes. terminating action required by paragraph (q) AD to prevent an electrical arc in the of this AD has been accomplished. Comments Invited cable assembly for the lower anti- (2) Before the MLG outer cylinder is 3 We invite you to submit any relevant years old since new or since last overhaul, or collision light, which could result in a within 90 days after the effective date of this fire in a flammable leakage zone of the written data, views, or arguments AD, whichever is later: Do the actions as airplane. regarding this proposed AD. Send your specified in paragraph (n) of this AD. DATES: We must receive comments on comments to an address listed under (3) As of the effective date of this AD, the this proposed AD by November 15, ADDRESSES. Include ‘‘Docket No. FAA– actions specified in paragraphs (o) and (p) of 2004. 2004–19202; Directorate Identifier this AD must be complied with. 2004–NM–95–AD’’ in the subject line of ADDRESSES: Use one of the following Reporting Requirement your comments. We specifically invite addresses to submit comments on this comments on the overall regulatory, (t) Although the service bulletins proposed AD. referenced in this AD specify to submit • economic, environmental, and energy DOT Docket Web Site: Go to http: aspects of the proposed AD. We will certain information to the manufacturer, this //dms.dot.gov and follow the AD does not include such a requirement. consider all comments submitted by the instructions for sending your comments closing date and may amend the Alternative Methods of Compliance electronically. proposed AD in light of those (AMOCs) • Government-wide Rulemaking Web comments. (u)(1) The Manager, Seattle Aircraft Site: Go to http://www.regulations.gov We will post all comments we Certification Office (ACO), FAA, has the and follow the instructions for sending receive, without change, to http:// authority to approve AMOCs for this AD, if your comments electronically. dms.dot.gov, including any personal requested in accordance with the procedures • Mail: Docket Management Facility, found in 14 CFR 39.19. information you provide. We will also U.S. Department of Transportation, 400 post a report summarizing each (2) An AMOC that provides an acceptable Seventh Street SW., Nassif Building, level of safety may be used for any repair substantive verbal contact with FAA room PL–401, Washington, DC 20590. required by this AD, if it is approved by a • personnel concerning this proposed AD. Boeing Company Designated Engineering By Fax: (202) 493–2251. Using the search function of that Web • Hand Delivery: Room PL–401 on Representative who has been authorized by site, anyone can find and read the the plaza level of the Nassif Building, the Manager, Seattle ACO, to make those comments in any of our dockets, 400 Seventh Street SW., Washington, findings. For a repair method to be approved, including the name of the individual the approval must specifically refer to this DC, between 9 a.m. and 5 p.m., Monday who sent the comment (or signed the AD. through Friday, except Federal holidays. comment on behalf of an association, For service information identified in Issued in Renton, Washington, on business, labor union, etc.). You can this proposed AD, contact Boeing September 20, 2004. review DOT’s complete Privacy Act Commercial Airplanes, P.O. Box 3707, Kalene C. Yanamura, Statement in the Federal Register Acting Manager, Transport Airplane Seattle, Washington 98124–2207. You can examine the contents of this published on April 11, 2000 (65 FR Directorate, Aircraft Certification Service. 19477–78), or you can visit http:// [FR Doc. 04–21820 Filed 9–28–04; 8:45 am] AD docket on the Internet at http:// dms.dot.gov, or in person at the Docket dms.dot.gov. BILLING CODE 4910–13–P We are reviewing the writing style we Management Facility, U.S. Department currently use in regulatory documents. of Transportation, 400 Seventh Street We are interested in your comments on SW., room PL–401, on the plaza level of DEPARTMENT OF TRANSPORTATION whether the style of this document is the Nassif Building, Washington, DC. clear, and your suggestions to improve Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: the clarity of our communications that Technical information: Marcia Smith, affect you. You can get more 14 CFR Part 39 Aerospace Engineer, Cabin Safety and information about plain language at [Docket No. FAA–2004–19202; Directorate Environmental Systems Branch, ANM– http://www.faa.gov/language and http:// Identifier 2004–NM–95–AD] 150S, FAA, Seattle Aircraft Certification www.plainlanguage.gov. Office, 1601 Lind Avenue, SW., Renton, RIN 2120–AA64 Washington 98055–4056; telephone Examining the Docket (425) 917–6484; fax (425) 917–6590. You can examine the AD docket on Airworthiness Directives; Boeing Plain language information: Marcia Model 757 Series Airplanes the Internet at http://dms.dot.gov, or in Walters, [email protected]. person at the Docket Management AGENCY: Federal Aviation SUPPLEMENTARY INFORMATION: Facility office between 9 a.m. and 5 Administration (FAA), DOT. p.m., Monday through Friday, except Docket Management System (DMS) ACTION: Notice of proposed rulemaking Federal holidays. The Docket (NPRM). The FAA has implemented new Management Facility office (telephone procedures for maintaining AD dockets (800) 647–5227) is on the plaza level of SUMMARY: The FAA proposes to adopt a electronically. As of May 17, 2004, new the Nassif Building at the DOT street new airworthiness directive (AD) for AD actions are posted on DMS and address stated in the ADDRESSES section. certain Boeing Model 757 series assigned a docket number. We track Comments will be available in the AD airplanes. This proposed AD would each action and assign a corresponding docket shortly after the DMS receives require identification of the part number directorate identifier. The DMS AD them. for the cable assembly for the lower docket number is in the form ‘‘Docket anti-collision light, and related No. FAA–2004–99999.’’ The Transport Discussion investigative/corrective actions if Airplane Directorate identifier is in the We have received a report of damage necessary. This proposed AD is form ‘‘Directorate Identifier 2004–NM– caused by an electrical arc in a

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connector on the cable assembly for the modifying the cable assembly. AD would require these actions. This lower anti-collision light. The connector Accomplishing the actions specified in requirement provides relief to operators was installed on a Boeing Model 757 the service information is intended to who do not have the specified P/Ns series airplane. Investigation revealed adequately address the unsafe installed on their airplanes. Operators that the electrical arc was caused by condition. who do not have the specified part fluids that collected in the open back- Both of the alert service bulletins refer numbers installed would not be shell of the connector. The fluids to Grimes Service Bulletin 60–3414–33– required to do an unnecessary conducted electricity between the pins SB02, dated December 1, 2001, as an replacement or modification. in the connector, which caused the additional source of service information The alert service bulletins do not electrical arc. The cable assembly is for modifying the cable assembly. provide a compliance time for the located in a flammable leakage zone, in replacement or modification of the cable FAA’s Determination and Requirements the main wheel well, under the center assembly for the lower anti-collision of the Proposed AD fuel tank. An electrical arc in a light. We have determined that a flammable leakage zone may cause a We have evaluated all pertinent compliance time of within 60 months fire. An electrical arc in the cable information and identified an unsafe after the effective date of the AD is assembly for the lower anti-collision condition that is likely to exist or appropriate. In developing an light could result in a fire in a develop on other airplanes of this same appropriate compliance time, we flammable leakage zone of the airplane. type design. Therefore, we are considered the degree of urgency proposing this AD, which would require associated with addressing the unsafe Relevant Service Information identification of the P/N for the cable condition, the average utilization of the We have reviewed Boeing Alert assembly for the lower anti-collision affected fleet, and the time necessary to Service Bulletins 757–33A0048 (for light, and related investigative/ perform the proposed actions. In light of Model 757–200, –200CB, and –200PF corrective actions if necessary. The these factors, we find that a 60-month series airplanes) and 757–33A0049 (for proposed AD would require you to use compliance time for completing the Model 757–300 series airplanes), both the service information described proposed actions is warranted because it dated March 28, 2002. The alert service previously to perform these actions, allows affected airplanes to continue to bulletins describe procedures for the except as discussed under ‘‘Differences operate without compromising safety. related investigative/corrective actions Between the Proposed AD and the The manufacturer concurs with this if certain part numbers (P/Ns) for the Service Information.’’ compliance time. cable assembly for the lower anti- collision light are installed. The Differences Between the Proposed AD Costs of Compliance corrective actions include replacing the and the Service Information This proposed AD would affect about cable assembly with a new, improved The alert service bulletins do not 974 airplanes worldwide, and 650 cable assembly; or modifying the include an inspection or review of airplanes of U.S. registry. The following existing cable assembly. The related airplane maintenance records to identify table provides the estimated costs for investigative actions include testing the the P/N of the cable assembly for the U.S. operators to comply with this anti-collision light after replacing or lower anti-collision light. This proposed proposed AD.

ESTIMATED COSTS

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

Inspection/Records Review ...... 1 $65 None ...... $65 650 $42,250

Regulatory Findings under the criteria of the Regulatory Authority: 49 U.S.C. 106(g), 40113, 44701. Flexibility Act. § 39.13 [Amended] We have determined that this We prepared a regulatory evaluation proposed AD would not have federalism of the estimated costs to comply with 2. The FAA amends § 39.13 by adding implications under Executive Order this proposed AD. See the ADDRESSES the following new airworthiness 13132. This proposed AD would not section for a location to examine the directive (AD): have a substantial direct effect on the regulatory evaluation. Boeing: Docket No. FAA–2004–19202; States, on the relationship between the Directorate Identifier 2004–NM–95–AD. national Government and the States, or List of Subjects in 14 CFR Part 39 Comments Due Date on the distribution of power and Air transportation, Aircraft, Aviation responsibilities among the various safety, Safety. (a) The Federal Aviation Administration levels of government. (FAA) must receive comments on this AD For the reasons discussed above, I The Proposed Amendment action by November 15, 2004. certify that the proposed regulation: Accordingly, under the authority Affected ADs 1. Is not a ‘‘significant regulatory delegated to me by the Administrator, (b) None. action’’ under Executive Order 12866; the FAA proposes to amend 14 CFR part Applicability: (c) This AD applies to 2. Is not a ‘‘significant rule’’ under the 39 as follows: Boeing Model 757–200, –200PF, and –200CB DOT Regulatory Policies and Procedures series airplanes listed in Boeing Alert Service PART 39—AIRWORTHINESS Bulletin 757–33A0048, dated March 28, (44 FR 11034, February 26, 1979); and DIRECTIVES 2002; and Boeing Model 757–300 series 3. Will not have a significant airplanes listed in Boeing Alert Service economic impact, positive or negative, 1. The authority citation for part 39 Bulletin 757–33A0049, dated March 28, on a substantial number of small entities continues to read as follows: 2002; certificated in any category.

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Unsafe Condition DEPARTMENT OF TRANSPORTATION Commercial Airplanes, P.O. Box 3707, (d) This AD was prompted by a report of Seattle, Washington 98124–2207. damage caused by an electrical arc in a Federal Aviation Administration You can examine the contents of this connector on the cable assembly for the AD docket on the Internet at http:// lower anti-collision light. We are issuing this 14 CFR Part 39 dms.dot.gov, or at the Docket AD to prevent an electrical arc in the cable [Docket No. FAA–2004–19203; Directorate Management Facility, U.S. Department assembly for the lower anti-collision light, Identifier 2004–NM–109–AD] of Transportation, 400 Seventh Street which could result in a fire in a flammable SW., room PL–401, on the plaza level of RIN 2120–AA64 leakage zone of the airplane. the Nassif Building, Washington, DC. Compliance: (e) You are responsible for Airworthiness Directives; Boeing This docket number is FAA–2004– having the actions required by this AD Model 757–200 Series Airplanes 19203; the directorate identifier for this performed within the compliance times docket is 2004–NM–109–AD. specified, unless the actions have already AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: been done. Administration (FAA), DOT. Technical information: Binh Tran, ACTION: Identification of Cable Assembly Part Notice of proposed rulemaking Aerospace Engineer, Systems and Number (P/N) (NPRM). Equipment Branch, ANM–130S, FAA, Seattle Aircraft Certification Office, (f) Within 60 months after the effective SUMMARY: The FAA proposes to adopt a 1601 Lind Avenue, SW., Renton, date of this AD: Do an inspection or a review new airworthiness directive (AD) for of airplane maintenance records to identify certain Boeing Model 757–200 series Washington 98055–4056; telephone the P/N of the cable assembly for the lower airplanes. This proposed AD would (425) 917–6485; fax (425) 917–6590. anti-collision light. If Boeing P/N S283T012– require modifying the frequency Plain language information: Marcia 15 or Grimes P/N 60–3414–9 is identified, or converters located in the closet Walters, [email protected]. if the part number of the cable assembly assembly in the passenger compartment, SUPPLEMENTARY INFORMATION: cannot be positively identified, do the related and making various wiring changes in Docket Management System (DMS) investigative and corrective actions required and between the closet assembly and by paragraph (g) of this AD. forward purser work station. This The FAA has implemented new procedures for maintaining AD dockets Related Investigative and Corrective Actions proposed AD also would require modifying the in-flight entertainment electronically. As of May 17, 2004, new (g) Within 60 months after the effective system prior to or concurrently with the AD actions are posted on DMS and date of this AD: Replace the cable assembly modification of the frequency assigned a docket number. We track for the lower anti-collision light with a new, converters. This proposed AD is each action and assign a corresponding improved cable assembly, or modify the prompted by a certification review that directorate identifier. The DMS AD existing cable assembly; and do the related revealed a frequency converter failure docket number is in the form ‘‘Docket investigative actions; in accordance with the mode not identified in the original No. FAA–2004–99999.’’ The Transport Accomplishment Instructions of Boeing Alert system design. We are proposing this Airplane Directorate identifier is in the Service Bulletin 757–33A0048 (for Model AD to prevent a short circuit between form ‘‘Directorate Identifier 2004–NM– 757–200, 200CB, and 200PF series airplanes); the frequency converter output and the 999–AD.’’ Each DMS AD docket also or 757–33A0049 (for Model 757–300 series distribution circuit breakers, which lists the directorate identifier (‘‘Old airplanes); both dated March 28, 2002; as could result in overheating and failure Docket Number’’) as a cross-reference applicable. of adjacent wiring and consequent for searching purposes. Parts Installation degraded operation of airplane systems. Comments Invited (h) As of the effective date of this AD, no DATES: We must receive comments on this proposed AD by November 15, We invite you to submit any written person can install a cable assembly, Boeing relevant data, views, or arguments P/N S283T012–15 or Grimes P/N 60–3414–9, 2004. regarding this proposed AD. Send your in a flammable leakage zone on any airplane. ADDRESSES: Use one of the following comments to an address listed under Alternative Methods of Compliance addresses to submit comments on this ADDRESSES. Include ‘‘Docket No. FAA– (AMOCs) proposed AD. 2004–19203; Directorate Identifier • DOT Docket web site: Go to 2004–NM–109–AD’’ in the subject line (i) The Manager, Seattle Aircraft http://dms.dot.gov and follow the of your comments. We specifically Certification Office, FAA, has the authority to instructions for sending your comments invite comments on the overall approve AMOCs for this AD, if requested in electronically. accordance with the procedures found in 14 • Government-wide rulemaking web regulatory, economic, environmental, CFR 39.19. site: Go to and energy aspects of the proposed AD. We will consider all comments Issued in Renton, Washington, on http://www.regulations.gov and follow submitted by the closing date and may September 21, 2004. the instructions for sending your amend the proposed AD in light of those Kalene C. Yanamura, comments electronically. • Mail: Docket Management Facility, comments. Acting Manager, Transport Airplane U.S. Department of Transportation, 400 We will post all comments we Directorate, Aircraft Certification Service. Seventh Street SW., Nassif Building, receive, without change, to http:// [FR Doc. 04–21819 Filed 9–28–04; 8:45 am] room PL–401, Washington, DC 20590. dms.dot.gov, including any personal BILLING CODE 4910–13–P • By fax: (202) 493–2251. information you provide. We will also • Hand Delivery: Room PL–401 on post a report summarizing each the plaza level of the Nassif Building, substantive verbal contact with FAA 400 Seventh Street SW., Washington, personnel concerning this proposed AD. DC, between 9 a.m. and 5 p.m., Monday Using the search function of that Web through Friday, except Federal holidays. site, anyone can find and read the For service information identified in comments in any of our dockets, this proposed AD, contact Boeing including the name of the individual

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who sent the comment (or signed the all of these models may be subject to the proposing this AD, which would require comment on behalf of an association, same unsafe condition. modifying the frequency converters business, labor union, etc.). You can located in the closet assembly in the Relevant Service Information review DOT’s complete Privacy Act passenger compartment, and making Statement in the Federal Register We have reviewed Boeing Service various wiring changes in and between published on April 11, 2000 (65 FR Bulletin 757–25–0255, dated December the closet assembly and forward purser 19477–78), or you can visit http:// 11, 2003. The service bulletin describes work station. This proposed AD also dms.dot.gov. procedures for modifying the frequency would require accomplishment of We are reviewing the writing style we converters located in the closet various other actions prior to or currently use in regulatory documents. assembly in the passenger compartment. concurrently with the modification of We are interested in your comments on The modification involves installing the frequency converters. The proposed whether the style of this document is new, improved frequency converters, AD would require you to use the service clear, and your suggestions to improve relay assemblies, thermal switches, and information described previously to the clarity of our communications that related components, and making various perform these actions. wiring changes in and between the affect you. You can get more Costs of Compliance information about plain language at closet assembly and forward purser http://www.faa.gov/language and http:// work station. This proposed AD would affect about Affected airplanes are separated into www.plainlanguage.gov. 4 airplanes of U.S. registry and 4 Groups 1 and 2, and the airplanes worldwide. Examining the Docket Accomplishment Instructions of the For airplanes listed in Group 1 of service bulletin provide modification You can examine the AD docket on Service Bulletin 757–25–0255: The procedures for each group, as follows: the Internet at http://dms.dot.gov, or in proposed modification would take about The procedures for Groups 1 and 2 person at the Docket Management 97 work hours (including access, close- include replacing three frequency Facility office between 9 a.m. and 5 up, and test), at an average labor rate of converters in closet assembly S3 in the p.m., Monday through Friday, except $65 per work hour. Required parts passenger compartment; installing three Federal holidays. The Docket would cost about $10,710 per airplane. relay assemblies; and changing wire Management Facility office (telephone Based on these figures, the estimated bundles in the P37 panel and forward (800) 647–5227) is located on the plaza cost of the proposed modification for purser work station, including at and level of the Nassif Building at the DOT U.S. operators is $17,015 per airplane. above closet assembly S3. Additional street address stated in the ADDRESSES For airplanes listed in Group 2 of procedures for Group 2 include section. Comments will be available in Service Bulletin 757–25–0255: The changing wire bundle W3910 in the the AD docket shortly after the DMS proposed modification would take about ceiling between closet assembly S3 and receives them. 105 work hours (including access, close- the forward purser work station. The up, and test), at an average labor rate of procedures for Groups 1 and 2 also Discussion $65 per work hour. Required parts specify doing an operational test of the During a certification review of a would cost about $10,956 per airplane. new/changed frequency converters and Boeing Model 737–700C series airplane, Based on these figures, the estimated related circuit changes. a frequency converter failure mode that Service Bulletin 757–25–0255 cost of the proposed modification for was not identified in the original system recommends prior or concurrent U.S. operators is $17,781 per airplane. design was found. This failure mode accomplishment of Boeing Service For airplanes listed in Group 1 of could cause a wiring short circuit Bulletin 757–24–0093, dated August 14, Service Bulletin 757–24–0093: The between the frequency converter output 2003. Service Bulletin 757–24–0093 proposed concurrent modification, if and the distribution circuit breakers. describes procedures for modifying the not previously done, would take about The current is only limited by the in-flight entertainment system (circuit 49 work hours, at an average labor rate maximum current capacity of the breaker, relays, and wiring). The of $65 per work hour. Required parts frequency converter. The frequency modification procedures include would cost about $5,315 per airplane. converter reacts to a short circuit installing a relay and changing the Based on these figures, the estimated condition by increasing the output wiring in the main electronics cost of the proposed modification for current to approximately 54 amps, and compartment at the P37 panel assembly; U.S. operators is $8,500 per airplane. significantly reducing the voltage. and installing a relay and changing the Regulatory Findings Investigation revealed that the wiring wiring in the P36 panel assembly. The between the converter and the wiring procedures also specify doing a We have determined that this fault was inadequate in size to handle continuity test. The modification proposed AD would not have federalism the frequency converters increased procedures are for airplanes listed in implications under Executive Order output current. These conditions, if not Group 1 of Service Bulletin 757–24– 13132. This proposed AD would not corrected, could result in a short circuit 0093. have a substantial direct effect on the between the frequency converter output Accomplishing the actions specified States, on the relationship between the and the distribution circuit breakers, in the service information is intended to national Government and the States, or which could result in overheating and adequately address the unsafe on the distribution of power and failure of adjacent wiring and condition. responsibilities among the various consequent degraded operation of levels of government. airplane systems. FAA’s Determination and Requirements For the reasons discussed above, I The frequency converters on certain of the Proposed AD certify that the proposed regulation: Model 757–200 series airplanes are We have evaluated all pertinent 1. Is not a ‘‘significant regulatory identical to those on the affected Model information and identified an unsafe action’’ under Executive Order 12866; 737–700C series airplane (the unsafe condition that is likely to exist or 2. Is not a ‘‘significant rule’’ under the condition has been corrected on Model develop on other airplanes of this same DOT Regulatory Policies and Procedures 737–700C series airplanes). Therefore, type design. Therefore, we are (44 FR 11034, February 26, 1979); and

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3. Will not have a significant Instructions of Boeing Service Bulletin 757– replacement. Accordingly, the proposed economic impact, positive or negative, 25–0255, dated December 11, 2003. rule is withdrawn. on a substantial number of small entities Prior or Concurrent Modification FOR FURTHER INFORMATION CONTACT: Gary under the criteria of the Regulatory (g) For Group 1 airplanes listed in Boeing Lium, Aerospace Engineer; International Flexibility Act. Service Bulletin 757–24–0093, dated August Branch, ANM–116, FAA, Transport We prepared a regulatory evaluation 14, 2003: Before or concurrent with Airplane Directorate, 1601 Lind of the estimated costs to comply with accomplishment of paragraph (f) of this AD, Avenue, SW., Renton, Washington this proposed AD. See the ADDRESSES Modify the in-flight entertainment system by 98055–4056; telephone (425) 227–1112; section for a location to examine the doing all the applicable actions in fax (425) 227–1149. regulatory evaluation. accordance with Boeing Service Bulletin SUPPLEMENTARY INFORMATION: A 757–24–0093, dated August 14, 2003. List of Subjects in 14 CFR Part 39 proposal to amend part 39 of the Federal Part Installation Aviation Regulations (14 CFR part 39) to Air transportation, Aircraft, Aviation add a new airworthiness directive (AD), safety, Safety. (h) As of the effective date of this AD, no person may install a frequency converter applicable to certain Airbus Model The Proposed Amendment having part number 1–002–0102–0730 on A319, A320, and A321 series airplanes, any airplane unless it has been modified as was published in the Federal Register Accordingly, under the authority required by paragraph (f) of this AD. delegated to me by the Administrator, as a Notice of Proposed Rulemaking (NPRM) on June 18, 2004 (69 FR 34096). the FAA proposes to amend 14 CFR part Alternative Methods of Compliance The proposed rule would have required 39 as follows: (AMOCs) (i) The Manager, Seattle Aircraft replacement of the lightweight tailpipes PART 39—AIRWORTHINESS Certification Office, FAA, has the authority to of the APU. That action was prompted DIRECTIVES approve AMOCs for this AD, if requested in by reports that stress cracking stemming accordance with the procedures found in 14 from design issues had been discovered 1. The authority citation for part 39 CFR 39.19. in the inner liners of the lightweight continues to read as follows: Issued in Renton, Washington, on tailpipes of certain APUs. The proposed Authority: 49 U.S.C. 106(g), 40113, 44701. September 21, 2004. actions were intended to prevent stress Kalene C. Yanamura, cracking of the tailpipe inner liner from § 39.13 [Amended] possibly causing the tailpipe to become 2. The FAA amends § 39.13 by adding Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. separated from the APU during the following new airworthiness operation, which could have posed a [FR Doc. 04–21818 Filed 9–28–04; 8:45 am] directive (AD): hazard to persons on the ground. BILLING CODE 4910–13–P Boeing: Docket No. FAA–2004–19203; Actions that Occurred Since the NPRM Directorate Identifier 2004–NM–109–AD. Was Issued DEPARTMENT OF TRANSPORTATION Comments Due Date Since the issuance of that NPRM, we (a) The Federal Aviation Administration Federal Aviation Administration have received additional information. (FAA) must receive comments on this AD The failed part, a sheet metal ring that action by November 15, 2004. 14 CFR Part 39 forms a portion of the tailpipe, weighs Affected ADs less than one pound. If the part does fail (b) None. [Docket No. 2002–NM–257–AD] and come off, it will blow out the back and not interfere with continued APU or Applicability RIN 2120–AA64 airplane operation. We have determined (c) This AD applies to Model 757–200 that the probability of any injury to series airplanes, certificated in any category, Airworthiness Directives; Airbus Model persons or damage to equipment from as listed in Boeing Service Bulletin 757–25– A319, A320, and A321 Series Airplanes the part being ejected from the APU 0255, dated December 11, 2003. exhaust duct is minimal. Also, we have AGENCY: Unsafe Condition Federal Aviation determined that 100 percent of the U.S. Administration, DOT. (d) This AD was prompted by a operators have done the proposed certification review that revealed a frequency ACTION: Proposed rule; withdrawal. replacement. converter failure mode not identified in the original system design. We are issuing this SUMMARY: This action withdraws a FAA’s Conclusions AD to prevent a short circuit between the notice of proposed rulemaking (NPRM) Upon further consideration, the FAA frequency converter output and the that proposed a new airworthiness has determined that the identified distribution circuit breakers, which could directive (AD), applicable to certain unsafe condition does not exist on the result in overheating and failure of adjacent Airbus Model A319, A320, and A321 affected airplanes. Accordingly, the wiring and consequent degraded operation of series airplanes. That action would have airplane systems. proposed rule is hereby withdrawn. required replacement of the lightweight Withdrawal of this NPRM constitutes Compliance tailpipes of the auxiliary power units only such action, and does not preclude (e) You are responsible for having the (APU). Since the issuance of the NPRM, the agency from issuing another action actions required by this AD performed within the Federal Aviation Administration in the future, nor does it commit the the compliance times specified, unless the (FAA) has received additional agency to any course of action in the actions have already been done. information, based on which we have future. Modification determined that the tailpipes are very light, and that the chances of any injury Regulatory Impact (f) For all airplanes: Within 18 months after the effective date of this AD: Modify the to persons or damage to equipment from Since this action only withdraws a frequency converters located in the closet the part being ejected from the APU notice of proposed rulemaking, it is assembly in the passenger compartment by exhaust duct are minimal. Also, we neither a proposed nor a final rule and doing all the applicable actions in have determined that 100 percent of the therefore is not covered under Executive accordance with the Accomplishment U.S. operators have done the proposed Order 12866, the Regulatory Flexibility

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Act, or DOT Regulatory Policies and Commission, 888 First Street, NE., Order No. 2000,2 the Commission Procedures (44 FR 11034, February 26, Washington, DC 20426, (202) 502– encouraged utilities to voluntarily join 1979). 8287, [email protected]. RTOs, and detailed certain functions an RTO must perform and characteristics List of Subjects in 14 CFR Part 39 Mark Klose (Accounting Information), Office of Executive Director— that an RTO should have.3 However, in Air transportation, Aircraft, Aviation Regulatory Accounting Policy neither rule did the Commission safety, Safety. Division, Federal Energy Regulatory promulgate specific accounting rules or The Withdrawal Commission, 888 First Street, NE., rate review principles for the new entities. The Commission instead chose Accordingly, the notice of proposed Washington, DC 20426, (202) 502– 8283, [email protected]. to rely on existing rules and policies rulemaking, Docket 2002–NM–257–AD, applicable to traditional public utilities, published in the Federal Register on Lodie White (Legal Information), Office of General Counsel—Markets, Tariffs i.e., principally investor-owned utilities June 18, 2004 (69 FR 34096), is (IOUs). withdrawn. & Rates, Federal Energy Regulatory Commission, 888 First Street, NE., 3. Over the past seven years, Issued in Renton, Washington, on Washington, DC 20426, (202) 502– beginning in 1997, the Commission September 20, 2004. 6193, [email protected]. issued a series of orders approving Kalene C. Yanamura, several ISOs and RTOs which have SUPPLEMENTARY INFORMATION: Acting Manager, Transport Airplane since commenced operations. PJM Directorate, Aircraft Certification Service. Notice of Inquiry Interconnection, LLC (PJM), ISO New England, Inc. (ISO–NE), and Midwest [FR Doc. 04–21817 Filed 9–28–04; 8:45 am] Introduction BILLING CODE 4910–13–P Independent Transmission System 1. The Federal Energy Regulatory Operator, Inc. (Midwest ISO) were first Commission (Commission) is issuing approved (or conditionally approved) as DEPARTMENT OF ENERGY this Notice of Inquiry to seek comments ISOs and later as RTOs; New York on its accounting and financial Independent System Operator, Inc. Federal Energy Regulatory reporting requirements for and oversight (NYISO) and California Independent Commission of regional transmission organization System Operator, Inc. (CAISO) were (RTO) and independent system operator approved as ISOs. The Commission has 18 CFR Parts 35, 41, 101, 141 (ISO) costs. Specifically, the also conditionally approved Southwest Commission is undertaking a review of: Power Pool, Inc. (SPP), which currently [Docket No. RM04–12–000] (a) Whether changes are needed to the operates a regional transmission tariff, Financial Reporting and Cost Uniform System of Accounts Prescribed for as an RTO. The Commission also Accounting, Oversight and Recovery Public Utilities and Licensees Subject to the conditionally approved a number of Provisions of the Federal Power Act (USofA), other RTOs and ISOs which have not Practices for Regional Transmission 4 Organizations and Independent (18 CFR part 101), to better account and commenced operations. report RTO and ISO financial information to 4. Each of these entities developed System Operators the Commission, in order to provide greater independent of one another, using September 16, 2004. transparency of transactions and business somewhat different business models, functions affecting these entities and their AGENCY: Federal Energy Regulatory software, accounting methods, and rate member transmission-owning public utilities; designs to accomplish the same ultimate Commission. (b) Whether RTOs and ISOs have ACTION: Notice of inquiry. appropriate incentives to be cost efficient; goal of providing open-access (non- and discriminatory) regional transmission SUMMARY: The Federal Energy (c) Whether the Commission’s rate review service. In addition, some of these Regulatory Commission (Commission) is methods for RTOs and ISOs are sufficient. entities administer centrally-dispatched, inviting comments on its accounting competitive energy markets. These and financial reporting requirements for Background differences have made comparisons and oversight of regional transmission 2. In Order No. 888,1 the Commission between entities difficult and raised organization (RTO) and independent encouraged but did not require the questions concerning the Commission’s system operator (ISO) costs. formation of ISOs—independent entities current accounting and financial DATES: Comments on this NOI are due that administer regional transmission reporting rules and our current rate on November 4, 2004. tariffs and control the transmission review practices for RTOs and ISOs. ADDRESSES: Comments may be filed facilities of their member transmission- 5. Nevertheless there are similarities electronically via the eFiling link on the owning utilities. Rather, Order No. 888 among RTOs and ISOs as well. Each Commission’s Web site at http:// delineated eleven principles defining RTO/ISO administers a regional www.ferc.gov. Commentors unable to the operations and structure of a transmission tariff and performs system file comments electronically must send properly functioning ISO. Likewise, in monitoring and planning, as well as an original and 14 copies of their comments to: Federal Energy Regulatory 1 Promoting Wholesale Competition Through 2 Regional Transmission Organizations, Order No. 2000, 65 FR 809 (January 6, 2000), FERC Stats. & Commission, Office of the Secretary, Open Access Non-discriminatory Transmission Services by Public Utilities; Recovery of Stranded Regs., ¶ 31,089 (1999), order on reh’g, Order No. 888 First Street NE., Washington, DC Costs by Public Utilities and Transmitting Utilities, 2000–A, 65 FR 12,088 (March 8, 2000), FERC Stats. 20426. Refer to the Procedure for Order No. 888, 61 FR 21,540 (May 10, 1996), FERC & Regs. ¶ 31,092 (2000), affirmed sub nom. Public Comments section of the preamble for Stats. & Regs. ¶ 31.036 (1996), order on reh’g, Order Utility District No. 1 of Snohomish County, Washington, et al. v. FERC, 272 F.3d 607 (D.C. Cir. additional information on how to file No. 888–A, 62 FR 12,274 (March 14, 1977), FERC Stats. & Regs. ¶ 31,048 (1997), order on reh’g, Order 2001). comments. No. 888–B, 81 FERC ¶ 61,248 (1997), order on reh’g, 3 ISOs and RTOs are, in many respects, similar, FOR FURTHER INFORMATION CONTACT: Order No. 888–C, 82 FERC ¶ 61,046 (1998), aff’d in with one major difference being that RTOs must relevant part sub nom. Transmission Access Policy meet more stringent independence and scope and Mark Hegerle (Technical Information), Study Group, et al. v. 225 F.3d 667 (D.C. Cir. 2000), configuration standards. Office of Markets, Tariffs & Rates— aff’d sub nom. New York v. FERC, 535 U.S. 1 4 RTO West (now Grid West), WestConnect, Central, Federal Energy Regulatory (2002). GridFlorida, GridSouth, and SeTrans.

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transmission scheduling—functions that business model for RTOs and ISOs, all member transmission-owning public formerly were performed by the current RTOs and ISOs are not-for-profit utilities’ costs to reflect that the RTO/ transmission-owning utilities that now entities.7 Each RTO and ISO is required ISO is performing all or a portion of take transmission service under the to have an independent board of certain functions that were previously RTO’s or ISO’s tariff. While there may directors and to consult with an performed by the transmission-owning be some needed redundancy with advisory committee made up of all utilities. respect to certain functions, such as classes of market participants prior to 12. Differences also exist among system reliability monitoring, because taking action. However, the advisory RTOs/ISOs with respect to operations, an RTO/ISO, with its regional focus and committee has no ability to block an rate design, and accepted rate review reach, takes over certain functions action of the RTO/ISO; it can only offer methodologies. For example, RTOs/ previously performed by the non-binding advice on budget and other ISOs, while progressing at differing transmission-owning public utilities, matters. Moreover, with for-profit paces, perform similar functions with ratepayers should, over time, expect to entities, shareholders face a risk of respect to overseeing the transmission see economic synergies resulting from lower earnings if costs are found to be grid and running markets. However, the formation of RTOs.5 imprudent and ineligible for rate rather than building on the work of recovery. The not-for-profit status of others, each RTO/ISO has developed, or Differences Between RTOs and Investor- RTOs/ISOs makes cost review more contracted with vendors to develop, Owned Utilities difficult. As the Commission has proprietary software to run its complex 6. There are several significant previously observed, with respect to one systems. The cost of each RTO’s/ISO’s differences between RTOs/ISOs and of these RTOs, ‘‘Midwest ISO’s non- software package, while largely vertically integrated public utilities. As profit status complicates a prudence designed to do similar tasks, varied noted above, each RTO/ISO offers review after the costs are incurred.’’ 8 considerably. transmission service over a wide region 13. With respect to rate design of the country, covering multiple IOU Current RTO Accounting, Financial differences, as an example, NYISO has and other transmission systems. Many Reporting and Cost Recovery Practices just one charge to recover all of its costs also run energy markets and congestion 10. Despite their differences, RTOs/ to administer its transmission tariff, management systems through central ISOs are public utilities under the energy markets, and congestion dispatch of the generation located in Federal Power Act and, like traditional management system, including its their footprint. However, unlike IOUs, public utilities, must follow the USofA.9 auction of transmission congestion RTOs and ISOs do not own the However, the USofA was developed for contracts (comparable to firm transmission and generation facilities traditional public utilities, i.e., public transmission rights (FTRs)).11 However, under their control. In fact, they are utilities that provide electric generation, ISO–NE and Midwest ISO have three required to be independent from any transmission, and distribution service. charges, PJM five, and CAISO seven to market participant.6 The accounting rules contained in the recover comparable costs. Some use 7. RTO and ISO costs are largely USofA provide for capturing financial formula rates with true-ups; others associated with sophisticated system information along these primary calculate stated rates for the following control and communications hardware functional business lines.10 However, calendar year. There are also differences and software designed to oversee the meaningful functional business among the RTOs/ISOs with respect to transmission grid, and, for many, to run segments or service lines for RTOs and the billing determinants used to energy markets, congestion management ISOs seem quite different. Meaningful calculate similar charges. systems, and transmission scheduling business lines for RTOs might include 14. RTOs/ISOs develop their systems. In contrast, an IOU’s costs are ‘‘grid reliability,’’ ‘‘ancillary services,’’ proposed rates through a collaborative dominated by the costs of generation, or ‘‘energy markets,’’ to suggest a few process with their respective advisory transmission, and distribution facilities. possibilities. But because RTOs use the committee processes. In general, the 8. In addition, because RTOs/ISOs Commission’s existing USofA to capture RTO/ISO determines the cost side of the provide transmission service and may and classify costs, their financial equation based on the level of operate wholesale markets, they do not statements and other reports prepared expenditures budgeted to accomplish provide retail electric service, and, from their accounting records may not the RTO’s/ISO’s functions,12 and works therefore, fall under the exclusive provide sufficient information about with its stakeholders through the jurisdiction of the Commission. This their costs and the relationship to advisory committee process to arrive at means that RTOs and ISOs, unlike services provided or other business a proposed allocation methodology, vertically integrated IOUs, are not activities. which is filed with the Commission subject to direct oversight by state 11. Likewise, the current USofA may (under section 205 of the FPA).13 The commissions. not provide sufficient transparency with Commission has largely relied on each 9. Moreover, while the Commission respect to changes in RTO- and ISO- advisory committee process as a check has not mandated any particular on RTO expenditures and has focused 7 One exception is that PJM earns money for its primarily on the review of the cost 5 For example, Order No. 2000 noted one entity’s members when it sells software and technology to allocation and rate design observation that there may be transmission other transmission providers. Nevertheless, like the methodologies. In addition, the other RTOs, PJM does not have shareholders and functions performed by individual company control Commission required one RTO, centers, within existing control areas, or within passes through all of its costs of operation to its existing reliability councils, that may be better and/ market participants. or more efficiently performed by an RTO. 8 Midwest Independent Transmission System 11 NYISO also has separate charges for 6 A market participant is defined in relevant part Operator, 101 FERC ¶ 61,221 at P 35 (2002), order unbudgeted costs, and start-up and formation costs. as any entity that, either directly or through an on reh’g, 103 FERC ¶ 61,035 (2003). 12 The costs incurred by the RTO/ISO are tied to affiliate, sells or brokers electric energy, or provides 9 See 18 CFR Part 101. the services it performs on behalf of its market ancillary services to the RTO or any other entity 10 The Commission has explained that RTOs and participants. The RTO/ISO would not, therefore, (e.g., a member transmission-owning utility), which ISOs are public utilities, and as such, they are take an additional functions without an approving has economic or commercial interests that would be required to follow the USofA and file Form No. 1. vote of its advisory committee or a directive by the significantly affected by the RTO’s actions or See PJM Interconnection, L.L.C. et al., 107 FERC Commission. decisions. See 18 CFR 35.34(b)(2) (2004). ¶ 61,087 (2004). 13 15 U.S.C. 824d (2000).

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Midwest ISO, to file its annual budget after it is finalized and they have no information should be reported and how and progress reports on expenditures veto power. In this regard, member should it be shown in the filing? related to market development for transmission-owning utilities subject to B. Accounting and Financial Reporting Issues informational purposes.14 The state commission regulation complain for Public Utilities and Licensees That Are Commission reasoned that the that the absence of sufficient oversight Members of an RTO/ISO informational filings would ‘‘provide a of RTO/ISO spending results in their 1. Are the individual account descriptions sufficient opportunity to review and being forced to justify before their state and instructions under the existing USofA compare the proposed costs with the commissions the prudence of RTO/ISO useful and applicable for classifying revenues actual costs and allow the Commission expenditures. received from RTOs/ISOs? If not, what to monitor Midwest ISO’s cost changes should be made to the account 15 Questions for Response descriptions and instructions under the containment efforts.’’ existing USofA to accommodate these 15. Nevertheless, in all cases, RTOs/ 18. The Commission encourages any transactions and events? ISOs are typically allowed recovery of and all comments regarding the topics 2. Are the individual account descriptions all expenditures; they do not absorb broadly discussed above. In addition the and instructions under the existing USofA losses and instead pass through all costs Commission seeks responses to the useful and applicable for classifying costs that they incur (e.g., NYISO has a following specific questions: related to providing various services such as separate charge for unbudgeted ancillary services, energy markets, or costs expenses; Midwest ISO’s Schedule 10 A. Accounting and Financial Reporting associated with transmission congestion? If Issues for RTOs/ISOs not, what changes should be made to the charge, while capped at $0.15/MWh, 1. Are the individual account descriptions existing USofA to accommodate these allows for the deferral, with interest, of transactions and events? any costs which would cause the rate to and instructions under the existing USofA adequate for the functions typically 3. What additional detailed information exceed the cap during one period to be performed by RTOs/ISOs? If not, what should be collected or disclosed in the recovered during a later period when changes should be made to the account quarterly and annual Commission financial actual costs for that period are less than descriptions and instructions under the reports of individual utilities to provide the capped rate). existing USofA to accommodate the RTO/ISO greater transparency of RTO transactions and business model? Are the changes so events? The Subject of the Notice of Inquiry extensive that an entirely separate USofA 4. What additional disclosures should be should be developed to accommodate RTOs/ made in the quarterly and annual 16. The Commission wants to explore Commission financial reports of individual whether changes to RTO/ISO ISOs? 2. Under the existing USofA costs are utilities to describe the economic effects accounting, financial reporting, and cost resulting from the respondent transmitting accounted for as electric production, recovery practices are necessary to public utility participating in an RTO? transmission, distribution or general plant. 5. Does the Commission’s USofA and ensure the rates charged by RTOs/ISOs What other accounts and functional existing financial reporting requirements for and their member transmission-owning classifications should be provided for RTO/ public utility members of RTO/ISOs provide public utilities are just and reasonable. ISO transactions and events? For example, regulators with adequate information to Rate review mechanisms, including the are additional revenue, expense or detailed clearly identify which functions are accounting and financial reporting fixed asset accounts needed? performed by the RTO/ISO and which are 3. Should the Commission develop a new requirements contained in quarterly and performed by the member transmission- financial reporting format for the functions annual financial reports applicable to owning public utilities, and to ensure that traditional public utilities may no typically performed by RTOs/ISOs? If so costs are not being double recovered through longer be sufficiently descriptive to what financial information and financial- either Commission-jurisdictional or state- related information should be reported? If jurisdictional rates? Are they adequate to reflect RTO/ISO operations due to their not, how may the existing annual and structure and business functions. determine how RTO/ISO costs billed to quarterly financial reports be changed or public utility members should enter into the Secondarily, current financial reporting modified to report relevant RTO/ISO by RTOs/ISOs and their member determination of retail rates? If not, what transactions and events? changes to the Commission’s accounting and transmission-owning public utilities 4. Is additional accounting and financial reporting rules should be made? owners may not provide the reporting guidance needed for market C. Cost Management Commission and others sufficient operation and market monitoring functions of transparency of financial trends and RTOs/ISOs? If so what transactions and 1. Do not-for-profit RTOs/ISOs currently emerging issues. events require additional accounting and have the appropriate incentives to contain 17. As noted above, the Commission’s financial reporting guidance? costs? If not, what are the right incentives 5. Is there sufficient detailed financial and (and why would they be the right incentives) expectation has been that the RTO/ISO financial-related information being provided and how should they be implemented? would spend only for the benefit of its to users of RTO/ISO data? If not, what 2. Should the Commission revisit the market participants. The RTO/ISO additional information would the users of the means by which RTO/ISO rates are reviewed, looked to stakeholders for advice on information find helpful and why? For particularly with respect to cost incurrence? whether to pursue particular tariff or example, if detailed information technology If so, what means should the Commission market design changes which, of course, cost data is necessary, would it also be employ to ensure that RTOs’/ISOs’ would necessitate agreement on helpful for the RTO/ISO to include the cost expenditures are prudent and their rates are spending to bring those changes to driver of the data (e.g., quantity of desktop just and reasonable? Would a ‘‘best fruition. However, RTO/ISO computers in relationship to the number of practices’’ or ‘‘benchmark’’ approach, where employees)? one RTO/ISO’s expenditures in a particular stakeholders (including member 6. Currently the quarterly and annual cost category are measured against those of transmission-owning utilities) have Commission financial reports include a other RTOs/ISOs, be sufficient? alleged in various forums that this schedule that requires respondents to report 3. What is the appropriate role for the process provides an insufficient check, data concerning the transmission of Commission with respect to overseeing RTO/ noting that they only see the budget electricity for others. Should RTOs/ISOs ISO software costs? Should an RTO/ISO be report transmission of electric for others for required to justify contracting for the 14 See, e.g., Midwest Independent Transmission its Commission-jurisdictional members or development of new software rather than System Operator, 101 FERC ¶ 61,221 (2002), order should those individual members report the using or modifying ‘‘off-the-shelf’’ software on reh’g, 103 FERC ¶ 61,035 (2003) information in their individual filings? If the developed for a comparable application for or 15 Id., 101 FERC ¶ 61,221 at P 36. RTO/ISO should report the information, what by another RTO/ISO? To what extent would

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the use of standardized or at least compatible Document Availability DATES: The finding announced in this software in neighboring RTO/ISO markets document was made on September 29, reduce the cost of doing business across 23. In addition to publishing the full 2004. RTO/ISO boundaries? How would any such text of this document in the Federal ADDRESSES: standardization be accomplished? Register, the Commission provides all Data, information, 4. To what degree should an RTO/ISO’s interested persons an opportunity to comments or questions concerning this stakeholder/advisory committee be involved view and/or print the contents of this petition should be sent to the Manager, in reviewing or shaping the RTO/ISO’s document via the Internet through the U.S. Fish and Wildlife Service, Western budget and spending decisions? Are there Washington Fish and Wildlife Office, independence considerations that should Commission’s Home Page (http:// www.ferc.gov ) and in the Commission’s 510 Desmond Drive SE., Suite 102, prevent or limit such review by market Lacey, WA 98503. The petition finding, participants? Public Reference Room during normal business hours (8:30 a.m. to 5 p.m. supporting data, and comments are 5. Should the Commission allow available for public inspection, by differences between RTOs/ISOs with regard Eastern time) at 888 First Street, NE., to cost allocation and rate design to recover Room 2A, Washington DC 20426. appointment, during normal business hours at the above address. the operation and capital costs for each of 24. From the Commission’s Home their functions (e.g., tariff administration and FOR FURTHER INFORMATION CONTACT: Page on the Internet, this information is Dr. markets for energy, ancillary service, and L. Karolee Owens (see ADDRESSES FTRs)? If so, how should the various rates be available in the Commission’s document management system, eLibrary. The full section), telephone 360/753–4369, designed, i.e., what are the correct billing facsimile 360/753–4369. determinants for each service? text of this document is available on 6. Should the compensation of senior RTO/ eLibrary in PDF and Microsoft Word SUPPLEMENTARY INFORMATION: ISO management be linked to specific format for viewing, printing, and/or Background performance measures, including cost downloading. To access this document reductions? in eLibrary, type the docket number Section 4(b)(3)(A) of the Endangered Species Act of 1973, as amended (Act) Procedure for Comments (excluding the last three digits) in the docket number field. (16 U.S.C. et seq.), requires that we 19. The Commission invites interested make a finding on whether a petition to persons to submit comments, and other 25. User assistance is available for list, delist, or reclassify a species information on the matters, issues and eLibrary and the Commission’s Web site presents substantial scientific or specific questions identified in this during normal business hours. For commercial information indicating that notice. Comments are due November 4, assistance, please contact the the petitioned action may be warranted. 2004. Comments must refer to Docket Commission’s Online Support at 1–866– This finding is to be based on all No. RM04–12–000, and must include 208–3676 (toll free) or 202–502–6652 (e- information contained in the petition the commentor’s name, the organization mail at [email protected] or and available in our files at the time the they represent, if applicable, and their the Public Reference Room at 202–502– finding is made. address. 8371, TTY 202–502–8659 (e-mail at Our standard for substantial 20. To facilitate the Commission’s [email protected]) information with regard to a 90-day review of the comments, commentors By direction of the Commission. petition finding is ‘‘that amount of are requested to provide an executive Magalie R. Salas, information that would lead a summary of their position. Commentors Secretary. reasonable person to believe that the are requested to identify each specific [FR Doc. 04–21760 Filed 9–28–04; 8:45 am] measure proposed in the petition may question posed by the NOI that their BILLING CODE 6717–01–P be warranted’’ (50 CFR 424.14(b)). If the discussion addresses and to use finding is that substantial information appropriate headings. Additional issues was presented, we are required to the commentors wish to raise should be promptly commence a review of the identified separately. The commentors DEPARTMENT OF THE INTERIOR status of the species, unless a status should double space their comments. review has previously been initiated. 21. Comments may be filed on paper Fish and Wildlife Service or electronically via the eFiling link on Petition the Commission’s Web site at http:// 50 CFR Part 17 On December 24, 2002, we received a www.ferc.gov . The Commission accepts petition dated December 19, 2002, from most standard word processing formats Endangered and Threatened Wildlife the Institute for Wildlife Protection and commentors may attach additional and Plants; 90-Day Finding for a (IWP). The petition was submitted as a files with supporting information in Petition To List the Western Gray comment to our request for public certain other file formats. Commentors Squirrel as Endangered Rangewide comments in a 90-day finding for a filing electronically do not need to make petition to list the Washington a paper filing. Commentors that are not AGENCY: Fish and Wildlife Service, population of one of the subspecies of able to file comments electronically Interior. the western gray squirrel (Sciurus must send an original and 14 copies of ACTION: Notice of petition finding. griseus griseus) as threatened or their comments to: Federal Energy endangered. The petitioner provided a Regulatory Commission, Office of the SUMMARY: We, the U.S. Fish and comment letter-petition to list the Secretary, 888 First Street NE., Wildlife Service (Service), announce a western gray squirrel rangewide and Washington, DC 20426. 90-day finding for a petition to list the two attachments. The petitioner 22. All comments will be placed in western gray squirrel (Sciurus griseus) requested that we consider listing the the Commission’s public files and may as endangered under the Endangered western gray squirrel as endangered be viewed, printed, or downloaded Species Act of 1973, as amended. We throughout its range and evaluate ‘‘any remotely as described in the Document find the petition does not present DPS’s (distinct population segments) Availability section below. Commentors substantial scientific or commercial and subspecies’’ of the western gray are not required to serve copies of their information indicating that listing this squirrel throughout its range. The comments on other commentors. species may be warranted. petitioner did not provide any

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information supporting any western and ecological factors that should be at the time of the petition finding. We gray squirrel DPS. The petitioner also considered when determining whether recently reviewed the status of one requested that we consider emergency any species may be threatened or subspecies of western gray squirrel, listing ‘‘the squirrel in Washington and endangered. However, this document Sciurus griseus griseus, in response to a the population isolate on the California- does not provide specific western gray petition to list the Washington Nevada border.’’ The letter contained squirrel data or information to indicate populations of this subspecies. Most of the name, address, and signature of the that any or all of these threats have the information in our files was petitioning organization’s resulted in the western gray squirrel gathered while completing the recent representative. However, it was not being in danger of becoming threatened 90-day and 12-month petition findings initially clear that the comment letter or endangered throughout all or a for the Washington populations. In was intended to be a new petition to list significant portion of its range. This addition, in preparing this 90-day the entire species Sciurus griseus. We document does not use the phrase finding for the petition to list the contacted the IWP on January 16, 2003, ‘‘western gray squirrels,’’ but refers to western gray squirrel rangewide, we to determine whether the letter was ‘‘these squirrels,’’ ‘‘this species,’’ and again contacted all of the Fish and intended to be a new petition. On ‘‘the species’’ in a very general context Wildlife Service field offices within the January 17, 2003, IWP responded that that suggests this attachment is intended species’ range to ask for any additional their letter was, in fact, a petition to list. to be a generic document that can be information received since completing On February 21, 2003, we responded used in petitions to list a variety of the petition findings for the Washington with a letter acknowledging receipt of species. The discussion of the threats populations. the petition and advising IWP that does not include specific citations from Status of the Western Gray Squirrel budget limitations would not allow us western gray squirrel literature. to complete a 90-day petition finding A review of the ‘‘Supplemental The western gray squirrel ranges until fiscal year 2004. We also stated Bibliography’’ attachment found no through parts of Washington, Oregon, that our initial review of the petition did literature citations specifically California, and Nevada. There are three not indicate that an emergency situation addressing western gray squirrels. None subspecies: (1) Sciurus griseus nigripes, existed, but that if conditions changed of the literature cited in our previous which ranges from south of San such that an emergency listing became petition findings for the Washington Francisco Bay in the central California warranted an emergency rule could be western gray squirrel populations are Coast Range to San Luis Obispo County; developed. included in the ‘‘Supplemental (2) Sciurus griseus anthonyi, which On March 19, 2004, IWP filed a Bibliography.’’ Only two references ranges from the southern tip of the Coast complaint in federal district court directly pertaining to any squirrel Range, near San Luis Obispo, into alleging, among other things, that we species are included. Those literature south-central California; and (3) Sciurus failed to make the 90-day petition citations relate to Mt. Graham red griseus griseus, which ranges from finding on their petition to list the squirrel (Tamiascurus hudsonicus central Washington to the western western gray squirrel as an endangered grahamensis) and red squirrels Sierra Nevada Range in central species under the Act and that we failed (Tamiascurus hudsonicus). A number of California (Hall 1981). There is also a to make a finding on their petition for citations are highlighted in bold font, small, disjunct population of Sciurus emergency listing. We are making this but many of these are bird-related griseus griseus in west-central Nevada. 90-day petition finding in response to a literature citations. Western gray squirrels are uncommon court order to complete this finding We reviewed the information in Nevada and found only in the Carson within 60 days of the Court’s order of provided in the comment-petition letter Range in west-central Nevada July 26, 2004 (Institute for Wildlife and the attachments with reference to (Biological Resources Division, Protection v. Norton, Case No. C04– the guidelines for evaluating petitions University of Nevada-Reno 2003). The 0594RSM (W.D. Wash.)). provided in 50 CFR 424.14(b)(2). Nevada western gray squirrel In the comment-petition letter, the Although the petitioner discusses population likely represents a migrant petitioner discusses the reduction and potential threats to western gray population from the Sierra Nevada in fragmentation of oak savannahs and squirrels, there is no detailed narrative California on the fringe of the woodlands and provides information on justification for listing the western gray subspecies’ range (Biological Resources how much of this habitat has been lost. squirrel as threatened or endangered Division, University of Nevada-Reno The petitioner also discusses threats to rangewide. No information is provided 2003). The subspecies has never been this habitat including sudden oak death on past and present numbers and wide-ranging in Nevada, and its limited disease, fire suppression, livestock distribution of the three subspecies, or range in Nevada may be related to the grazing, habitat fragmentation, and possible DPSs, involved. There are no absence of oak trees (Johnson 1954). The threats to the western gray squirrel data regarding the status of western gray western gray squirrel is a protected including competition with other tree squirrels over all or a significant portion species under the Nevada and ground squirrels; the unpredictable of the species’ range, or the status of Administrative Code (NAC) (NAC nature of its food supplies; automobiles; each of the three subspecies or potential 503.030), and there is no open hunting house cats; and susceptibility to risk of DPSs. There is little documentation in season on species classified as extinction from genetic demographic the form of bibliographic references protected. The National Heritage Status and stochastic fluctuations in effective specific to western gray squirrels, and Rank for the western gray squirrel in population sizes. However, no citations no reprints of pertinent publications, Nevada is S4 (Apparently Secure) specific to the western gray squirrel copies of reports, letters from (NatureServe Explorer 2002). Current literature are included to document how authorities, or maps supporting the distribution and population sizes in these potential threats have affected the possibility that the western gray squirrel Nevada have not been documented. species. is threatened or endangered throughout However, western gray squirrels in the The attachment ‘‘Biological Effects To all or a significant portion of its range. California-Nevada border population Be Considered in a Status Review of the In addition to using information isolate are apparently common and Western Gray Squirrel (Sciurus griseus)’’ provided by the petitioner, we also well-adapted to urban environments in is an extensive discussion of biological assess information available in our files the Lake Tahoe area (Peter Maholland,

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California Tahoe Conservancy, pers. (not rare and apparently secure, but extensive. The western gray squirrel in comm. 2002; J. Shane Romsos, Tahoe with cause for long-term concern; a ‘‘?’’ Washington was more widely Regional Planning Agency (NV), pers. indicates assigned rank is uncertain) distributed in prehistoric times, comm. 2002; Kevin Kritz, Service, pers. (Oregon Natural Heritage Program probably ranging throughout western comm. 2004). 2001). The western gray squirrel is Washington and the Cascade Mountains The western gray squirrel is fairly classified as a ‘‘sensitive species’’ of in association with oak communities. common and is a game species in ‘‘undetermined status,’’ which indicates However, the species’ distribution has California. California Department of the species may be susceptible to diminished in recent times along with Fish and Game (CDFG) estimates population decline of sufficient the decrease in distribution of oak approximately 30 million acres (ac) (12 magnitude that it could qualify for woodlands (Rodrick 1987, WDW 1993). million hectares (ha)) of western gray endangered, threatened, critical, or Currently the western gray squirrel is squirrel habitat, not including orchards, vulnerable status, but additional distributed in Washington in three are occupied by approximately 18 research is needed (Oregon Department geographically isolated populations: one million squirrels just before the of Fish and Wildlife 1997). Despite their in the Puget Trough, one in the southern breeding season (CDFG 2002). Their classification as a sensitive species, Cascades, and one in the northern estimates include a net increase of about western gray squirrels are legally hunted Cascades (Bayrakci et al. 2001, WDW 1.2 million squirrels annually after in Oregon; however, hunting restrictions 1993). The western gray squirrel was consideration of a 50 percent juvenile delay and shorten the hunting season in classified as a threatened species by the mortality, a 50 percent adult mortality, north-central Oregon (Marshall et al. Washington Fish and Wildlife and a harvest rate due to hunting of less 1996). Commission in 1993 (Washington than 1 percent each year, although The comment letter-petition describes Administrative Code (WAC) 23212011). environmental and density-dependent the degradation, fragmentation, and loss The Natural Heritage Status Rank for the mechanisms help keep the populations of oak habitats in Oregon, but does not western gray squirrel in Washington is in check with their habitats. CDFG provide data specific to western gray S2 (imperiled) (NatureServe Explorer concludes that hunting mortality does squirrels documenting that the species 2002). not adversely affect western gray is threatened or endangered due to these The western gray squirrel was once squirrel populations (CDFG 2002). habitat losses. The historical common on the partially wooded Hunting for tree squirrels is permitted distribution of the western gray squirrel prairies adjacent to Puget Sound within the range of Sciurus griseus apparently corresponded with the (Bowles 1920, 1921). However, the griseus and S. g. nigripes, but is not distribution of Oregon white oak surviving Puget Trough population, permitted in southern California within (Quercus garryana) (Hall 1981; Stein which is at a high risk of extirpation most of the range of S. g. anthonyi. 1990). However, the species uses a (Bayrakci et al. 2001), is now centered There are no data showing populations variety of food sources, although oak on Fort Lewis in southern Pierce and of the western gray squirrel having mast is believed to be an important part northern Thurston Counties where the declined such that the subspecies may of the western gray squirrel’s diet largest area of oak woodland remains be threatened or endangered in (Carraway and Verts 1994; Marshall et (Bayrakci et al. 2001; Ryan and Carey California. The National Heritage Status al. 1996). Western gray squirrels also 1995). The southern Cascade Mountains Rank for the western gray squirrel in forage in nut orchards (Carraway and population, currently the largest California is S4 (Apparently Secure) and Verts 1994; Susan Weston, in litt. 2002). remaining population of western gray S5 (Secure) (NatureServe Explorer At least two populations, the northern squirrels in Washington, is widely 2002). Separate rankings are not Cascades population in Washington and distributed across Klickitat County. The provided for each subspecies in the California-Nevada population northern Cascade Mountains population California. isolate, occur outside the range of oak is the least documented population, and Additionally, several conservation communities. In addition, western gray no population or trend data are programs, policies, and regulations help squirrels have adapted to urban available. This population occurs in an maintain western gray squirrel habitat environments, particularly in Oregon, as ecological setting that differs from the in California, including the Integrated well as in the Lake Tahoe area in Puget Trough and southern Cascades Hardwood Range Management Program, Nevada (S. Weston, in litt. 2002; P. populations. The north Cascades the Oak Woodlands Conservation Fund Maholland, pers. comm. 2002; S. population probably resulted from a created by the Oak Woodlands Romsos, pers. comm. 2002; K. Kritz, range expansion northward from Conservation Act, the California Forest pers. comm. 2004). We previously Yakima County and beyond the native Practice Rules, and California Partners contacted the Oregon Department of range of oaks (Stein 1990), which in Flight. The 1985 hardwood Fish and Wildlife concerning the status required adaptation to habitats lacking conservation policy and 1989 hardwood of the species in Oregon. Although that oaks. guidelines developed by the California agency recognizes the changes in oak Hunting for western gray squirrels in Fish and Game Commission are used as habitat, the level of concern for the Washington has not been allowed since references to ensure hardwood western gray squirrel is not such that 1943, with the exception of special conservation measures are considered in they are tracking actively the status of seasons in 1949 and 1950 in Pierce and all project proposals reviewed under the the species with surveys (Charlie Bruce, Thurston Counties (WDW 1993). The California Environmental Quality Act Oregon Department of Fish and Washington Department of Fish and (Patrick Lauridson, CDFG, in litt. 2002). Wildlife, pers. comm. 2002). In Wildlife is developing a recovery plan There are no population data for summary, we conclude at this time, for the western gray squirrel. Fort Lewis western gray squirrels in Oregon, but based on the information in the petition has developed a 10-year oak woodland their numbers and distribution in and information in our files, that there management strategy that includes Oregon are considered to be much is not substantial information indicating management strategies for western gray reduced based on Bailey (1936) and that the western gray squirrel may be squirrels (GBA Forestry 2002). anecdotal information (Marshall et al. threatened or endangered in Oregon. The 12-month petition finding (68 FR 1996). The Natural Heritage Rank for the In Washington, our recent review of 34628), in which we specifically western gray squirrel in Oregon is S4? the status of western gray squirrels was addressed whether the Washington

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populations of western gray squirrels information to determine that any of the may issue an emergency rule to list a should be listed as a threatened or California, Oregon, or Nevada species if threats to the species endangered DPS, details our current populations are discrete. Thus it is not constitute an emergency posing knowledge of the status of the necessary to determine whether any of significant risk to the well-being of any Washington population. In that finding, these populations could meet the species of fish and wildlife or plants we determined that the Washington significance standard. (4(b)(7)). population does not warrant listing as a Further, we do not have substantial We reviewed the best available DPS and that the Washington information either from the petition or information on the status of the western population does not represent a in our files indicating that any gray squirrel throughout its range, significant portion of the subspecies’ subspecies may be endangered or including information in the petition range. This decision was challenged in threatened over all or a significant and from other sources. We do not find federal district court, which upheld the portion of their ranges. Sciurus griseus there is a threat that constitutes an Service’s petition finding on August 2, griseus is abundant in California where emergency posing significant risk to the 2004 (Northwestern Ecosystem Alliance extensive habitat remains, and hunting well-being of the western gray squirrel v. U.S. Fish and Wildlife Service, Case for tree squirrels is permitted in much across all or a significant portion of the No. CV 03–1505–PA (D. Or.)). of the state. In Nevada, the subspecies species’ range as discussed above. Under the requirements of our DPS is abundant and well-adapted to urban Western gray squirrel populations are policy (61 FR 4722), we use three environments in the Lake Tahoe area. apparently secure in California and elements to assess whether a population Information on the status of S. griseus Nevada. Based on information in the segment under consideration for listing griseus in Oregon is limited. Although petition and information in our files, may be recognized as a DPS: (1) there have been extensive reductions in there is not substantial information Discreteness of the population segment oak habitat, the level of concern for the indicating that the western gray squirrel in relation to the remainder of the status of the subspecies has not led the may be threatened or endangered in species to which it belongs; (2) the Oregon Department of Fish and Wildlife Oregon. In our recent 12-month petition significance of the population segment to complete surveys for the species. finding (68 FR 34628), we established to the taxon to which it belongs; and (3) Also, hunting for tree squirrels is that the Washington population does the population segment’s conservation permitted, or is restricted, in parts of the not meet the requirements of the DPS status in relation to the Act’s standards State. In Washington, a large population policy. Therefore, the Washington for listing. The discreteness standard of the subspecies is found in the population alone cannot be considered must be met before considering the southern Cascades. The State does not for an emergency listing. Also, we do significance standard. Both the permit hunting, and the Washington not have sufficient information discreteness and significance standards Department of Fish and Wildlife is indicating that the Oregon population, must be met before considering the developing a recovery plan for S. griseus the California-Nevada isolate, or any conservation status of the population griseus. Therefore, we have determined other population of western gray segment. that, based on information presented in squirrels meets the requirements of our Although the Washington population the petition and in our files, listing S. DPS policy. Thus, these populations are met the discreteness standard, we griseus griseus, throughout all or in any not listable entities such that a separate concluded this population did not meet a significant portion of the subspecies’ emergency listing for one or more DPSs the significance standard, and therefore range as a DPS, is not warranted. would be possible. Again, western gray was not a listable entity. This petition We have no information in our files squirrels in the California-Nevada presents no new information that would on the historical or current population population isolate in the Lake Tahoe change this conclusion. Based on the status and distribution of the other two area are apparently common and well- information in our files, we are unable subspecies, Sciurus grisues nigripes adapted to urban environments. We to determine that the Oregon and, S. g anthonyi. The petitioner did have determined that we have populations are discrete from California not provide any information or data insufficient information to indicate an populations. The comment-petition specific to these subspecies. emergency listing is appropriate for letter provided no information to Finally, we do not have substantial Sciurus griseus rangewide or for any of address DPSs. Also, we lack sufficient information, either presented by the the three subspecies. We also have information to determine the population petition or in our files, indicating that insufficient information to identify any on the California-Nevada border is the species as a whole may be DPSs of the western gray squirrel sufficiently isolated from other endangered or threatened over all or a species, or any of the subspecies, such California western gray squirrel significant portion of the species’ range. that an emergency listing for any populations to meet the discreteness For the same reason, we do not have population segment is possible. standard. Genetic analyses also may be sufficient information to indicate any of Petition Finding used as a measure of discreteness. the three subspecies or any DPSs of Preliminary genetic analyses indicated western gray squirrels warrant listing as We have reviewed the petition, there is considerably more genetic threatened or endangered, we do not including the attached ‘‘Biological differentiation between the Washington have sufficient information to indicate Effects To Be Considered in a Status populations and either Oregon or the species as a whole may be Review of the Western Gray Squirrel California populations than there is endangered or threatened over all or a (Sciurus griseus)’’ and the between Oregon and California significant portion of the species’ range. ‘‘Supplemental Bibliography,’’ as well populations. We have no genetic as other literature and information in analyses that include the California- Emergency Listing and Critical Habitat our files. We find that neither the Nevada population isolate. In any case, Designation petition nor information in our files western gray squirrels in the California- Petitions for emergency listing are not present substantial information that the Nevada population isolate in the Lake expressly provided for by the Act. western gray squirrel or any of its Tahoe area are apparently common and However, we may address the need for subspecies may be endangered or well-adapted to urban environments. an emergency rule under section 4(b)(7) threatened over all or a significant Consequently, we do not have sufficient of the Act (16 U.S.C. 1533(b)(7)). We portion of its range. This finding is

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based on insufficient information to: (1) ACTION: Notice of public hearing. criteria. Completed State wolf Determine if the species or any management plans will provide subspecies is declining throughout all of SUMMARY: The U.S. Fish and Wildlife adequate protection and management to a significant portion of its range; (2) Service (Service) announces that we the species in these three States if the will hold one additional public hearing identify threats to the species, or the gray wolf is delisted in the Eastern DPS. on the proposed rule to remove the individual subspecies, that suggest a The proposed rule would remove this Eastern Distinct Population Segment of threatened or endangered status is DPS from the protections of the Act by appropriate; or (3) determine whether the gray wolf (Canis lupus) from the List of Endangered and Threatened Wildlife ending its threatened classification. This there are any DPSs of the western gray proposed rule would also remove the squirrel. Also, we do not have established under the Endangered currently designated critical habitat for substantial information either from the Species Act of 1973, as amended. In a the gray wolf in Minnesota and petition or in our files to list either the notice made in the Federal Register on Washington population, as reflected by August 13, 2004 (69 FR 50147), we Michigan, and remove the current our recent 12-month petition finding (68 announced the locations for nine other special regulations for gray wolves in FR 34628), or any other populations, public hearing previously scheduled. Minnesota and other Midwestern States. particularly the California-Nevada DATES: See SUPPLEMENTARY INFORMATION This proposal would not change the population isolate, as a DPS. Also, we for hearing date. status or special regulations currently in do not have substantial information ADDRESSES: See SUPPLEMENTARY place for the Western or Southwestern either from the petition or in our files INFORMATION for hearing addresses. DPS of the gray wolf or for the red wolf (C. rufus). to emergency list the Sciurus griseus FOR FURTHER INFORMATION CONTACT: rangewide or any of the three Direct all questions or requests for In our July 21, 2004, proposed rule, subspecies. additional information to the Service we stated that we would hold public References Cited using the Gray Wolf Phone Line: 612– hearings. Consistent with that 713–7337, facsimile: 612–713–5292, the A complete list of all references cited document, we announced the dates and general gray wolf electronic mail is available on request from the Western locations of nine hearings (69 FR Washington Fish and Wildlife Office address: [email protected], 50147). In response to several requests, or write to: Gray Wolf Questions, U.S. (see ADDRESSES above). we are now announcing the date and Fish and Wildlife Service, Federal location for one additional public Author Building, 1 Federal Drive, Ft. Snelling, hearing. The primary author of this document Minnesota 55111–4056. Additional information is also available on our Hearing Information: We will hold is Dr. L. Karolee Owens (see ADDRESSES only one public hearing on October 20, above). World Wide Web site at http:// midwest.fws.gov/wolf. In the event that 2004, at the Black Bear Inn and Authority: The authority for this action is our internet connection is not Conference Center, 4 Godfrey Drive, the Endangered Species Act of 1973, as Orono, Maine. amended (16 U.S.C. 1531 et seq.). functional, please contact the Service by the alternative methods mentioned The hearing will consist of a 1-hour Dated: September 21, 2004. above. Individuals who are hearing- informational meeting from 6:30 to 7:30 Marshall Jones, impaired or speech-impaired may call p.m., and the official public hearing Acting Director, Fish and Wildlife Service. the Federal Relay Service at 1–800–877– from 7:30 to 9:30 p.m. [FR Doc. 04–21800 Filed 9–28–04; 8:45 am] 8337 for TTY assistance. Dated: August 30, 2004. BILLING CODE 4310–55–P SUPPLEMENTARY INFORMATION: Background—On July 21, 2004, we Marvin E. Moriarty, published a proposed rule (69 FR Regional Director, Region 5. DEPARTMENT OF THE INTERIOR 43664) to remove the Eastern Distinct [FR Doc. 04–21810 Filed 9–28–04; 8:45 am] Fish and Wildlife Service Population Segment (DPS) of the gray BILLING CODE 4310–55–P wolf (Canis lupus) from the List of 50 CFR Part 17 Endangered and Threatened Wildlife established under the Endangered RIN 1018–AJ03 Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). We proposed Endangered and Threatened Wildlife this action because available data and Plants: Removing the Eastern Distinct Population Segment (DPS) of indicate that this DPS no longer meets the Gray Wolf From the List of the definition of threatened or Endangered and Threatened Wildlife endangered under the Act. The gray wolf population is stable or increasing AGENCY: U. S. Fish and Wildlife Service, in Minnesota, Wisconsin, and Michigan, Interior. and exceeds its numerical recovery

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Notices Federal Register Vol. 69, No. 188

Wednesday, September 29, 2004

This section of the FEDERAL REGISTER comment must be contained in the body To accomplish this, we must collect contains documents other than rules or of your message; do not send attached information from a variety of proposed rules that are applicable to the files. Please include your name and individuals, both within and outside the public. Notices of hearings and investigations, address in your message and ‘‘Docket United States, who are involved in committee meetings, agency decisions and No. 04–086–1’’ on the subject line. handling, transporting, and importing rulings, delegations of authority, filing of petitions and applications and agency Agency Web site: Go to http:// these items. Collecting this information statements of organization and functions are www.aphis.usda.gov/ppd/rad/ is critical to our mission of ensuring that examples of documents appearing in this cominst.html for a form you can use to these imported items do not present a section. submit an e-mail comment through the disease risk to the livestock and poultry APHIS Web site. populations of the United States. Reading Room: You may read any Collecting this information requires DEPARTMENT OF AGRICULTURE comments that we receive on this us to use a number of forms and docket in our reading room. The reading documents, which are described below. Animal And Plant Health Inspection room is located in room 1141 of the VS Form 16–3 (Application for Permit Service USDA South Building, 14th Street and to Import Controlled Materials/Import or Transport Organisms or Vectors) is [Docket No. 04–086–1] Independence Avenue SW., Washington, DC. Normal reading room the application and agreement form Notice of Request for Extension of hours are 8 a.m. to 4:30 p.m., Monday used by individuals seeking a permit. Approval of an Information Collection through Friday, except holidays. To be VS Form 16–25 (Application for sure someone is there to help you, Approval or Report of Inspection of AGENCY: Animal and Plant Health please call (202) 690–2817 before Establishments Handling Restricted Inspection Service, USDA. coming. Animal Byproducts or Controlled ACTION: Extension of approval of an Other Information: You may view Materials. This is a dual purpose form. information collection; comment APHIS documents published in the It is an application for U.S. request. Federal Register and related establishments requesting approval to information, including the names of handle restricted imported animal SUMMARY: In accordance with the groups and individuals who have byproducts and controlled materials. It Paperwork Reduction Act of 1995, this commented on APHIS dockets, on the also serves as a report of inspections of notice announces the Animal and Plant Internet at http://www.aphis.usda.gov/ establishments to ensure that restricted Health Inspection Service’s intention to ppd/rad/webrepor.html. and controlled imports are being handled in compliance with our request an extension of approval of an FOR FURTHER INFORMATION CONTACT: For information collection associated with requirements. information regarding regulations for VS Form 16–26 (Agreement for the importation into the United States of the importation into the United States of restricted and controlled animal and Handling Restricted Imports of Animal restricted and controlled materials, Byproducts and Controlled Materials). poultry products and byproducts, contact Dr. Tracye Butler, Senior Staff organisms, and vectors. This is a form signed by an operator of Veterinarian, Technical Services Unit, a U.S. establishment wishing to handle DATES: We will consider all comments National Center for Import and Export, restricted or controlled materials in that we receive on or before November VS, APHIS, 4700 River Road Unit 39, which the operator agrees to comply 29, 2004. Riverdale, MD 20737–1232; (301) 734– with all requirements for handling the ADDRESSES: You may submit comments 7476. For copies of more detailed restricted and controlled materials. by any of the following methods: information on the information Certificates. Certain animal and EDOCKET: Go to http://www.epa.gov/ collection, contact Mrs. Celeste Sickles, poultry products must have a certificate feddocket to submit or view public APHIS* Information Collection from the national government of the comments, access the index listing of Coordinator, at (301) 734–7477. exporting country to be eligible for the contents of the official public SUPPLEMENTARY INFORMATION: importation into the United States. docket, and to access those documents Title: Importation of Restricted and These certificates are required to verify in the public docket that are available Controlled Animal and Poultry Products that the animal or poultry products meet electronically. Once you have entered and Byproducts, Organisms, and the sanitary requirements of our EDOCKET, click on the ‘‘View Open Vectors into the United States. regulations (e.g., originated from APHIS Dockets’’ link to locate this OMB Number: 0579–0015. disease-free animals and from animals document. Type of Request: Extension of native to the country of origin, or were Postal Mail/Commercial Delivery: approval of an information collection. prepared in a certain manner in an Please send four copies of your Abstract: The Animal and Plant approved establishment). comment (an original and three copies) Health Inspection Service (APHIS) of The certificate, signed by a full-time to Docket No. 04–086–1, Regulatory the United States Department of salaried veterinary official from the Analysis and Development, PPD, Agriculture regulates the importation of country of origin, or other authorized APHIS, Station 3C71, 4700 River Road certain animal and poultry products and person, provides us with information Unit 118, Riverdale, MD 20737–1238. byproducts, organisms, and vectors that enables us to determine whether an Please state that your comment refers to under 9 CFR parts 94, 95, 96, and 122 article meets our requirements for Docket No. 04–086–1. to prevent the introduction and spread importation. E-mail: Address your comment to of livestock and poultry diseases into Seals. Certain animal or poultry [email protected]. Your the United States. products and byproducts must be

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shipped in sealed containers or holds to animal products destined for the United DEPARTMENT OF AGRICULTURE ensure that the integrity of the shipment States. is not violated. The seals must be We are asking the Office of Commodity Credit Corporation numbered, the numbers of the seals Management and Budget (OMB) to Domestic Sugar Program—2003 Crop must be recorded on the government approve our use of these information certificate that accompanies the Cane Sugar and Sugar Beet Marketing collection activities for an additional 3 Allotments and Company Allocations shipment, and the seals must not have years. been tampered with. Federal inspectors The purpose of this notice is to solicit AGENCY: Commodity Credit Corporation, at ports of entry inspect the seals and comments from the public (as well as USDA. verify that the seals are intact and that affected agencies) concerning this ACTION: Notice. the numbers match those on the information collection. These comments SUMMARY: The Commodity Credit certificates. will help us: Compliance agreement, recordkeeping Corporation (CCC) is issuing this notice requirements. Certain animal or poultry (1) Evaluate whether the information which sets forth the establishment and products and byproducts are required to collection is necessary for the proper adjustments to the sugar overall be processed in a certain manner in an performance of our agency’s functions, allotment quantity for the 2003 crop establishment in a foreign country including whether the information will year (FY 2004), which runs from before being exported to the United have practical utility; October 1, 2003 through September 30, States. We require an official of the (2) Evaluate the accuracy of our 2004. Although CCC already has processing plant to sign a written estimate of the burden of the announced all of the information in this agreement prepared by APHIS. By information collection, including the notice, CCC is statutorily required to signing this agreement, this official validity of the methodology and publish in the Federal Register certifies that the animal products being assumptions used; determinations establishing or adjusting exported to the United States have been (3) Enhance the quality, utility, and sugar marketing allotments. CCC set the processed in a manner approved by clarity of the information to be 2003 crop overall allotment quantity APHIS, and that adequate records of collected; and (OAQ) of domestic sugar to 8.550 million short tons raw value (STRV) on these exports are being maintained. (4) Minimize the burden of the August 13, 2003. On September 30, Marking requirements. Before certain collection of information on those who 2003, CCC allocated only 96.5% of this animal products may enter the United are to respond, through use, as amount, resulting in a beet sugar sector States, they must be marked, with an appropriate, of automated, electronic, ink stamp or brand, to indicate that the allotment of 4.484 million STRV and a mechanical, and other collection cane sugar sector allotment of 3.766 products have originated from an technologies, e.g., permitting electronic approved meat processing establishment million STRV. At that time, CCC also submission of responses. announced the allotments to cane- and have been inspected by appropriate Estimate of burden: The public veterinary authorities. The mark is producing States and allocations to cane reporting burden for this collection of and beet sugar processors and set the applied to the meat product by information is estimated to average processing plant personnel. proportionate share requirement on 0.39955 hours per response. Louisiana cane sugar producers for the Foreign meat inspection certificate for 2003 crop at 84.2 percent. On April 9, importation of fresh meat from regions Respondents: Importers, exporters, 2004, CCC officially reduced the OAQ to free of foot-and-mouth disease and shippers, foreign animal health 8.250 million STRV and revised State rinderpest, but subject to certain authorities, owner/operators of cane sugar allotments and cane sugar restrictions due to their proximity to, or establishments (domestic and foreign) processor allocations to reflect updated trading relationships with, regions that handle restricted and controlled FY 2004 raw cane production forecasts. where foot-and-mouth disease or materials. On July 22, 2004, CCC revised State rinderpest exists. This certificate, Estimated annual number of cane sugar allotments to reflect further completed by a veterinary official of the respondents: 10,008. updated raw cane production forecasts. exporting region, provides specific Estimated annual number of information regarding the establishment responses per respondent: 7.0029. ADDRESSES: Barbara Fecso, Dairy and Sweeteners Analysis Group, Economic where the animals were slaughtered, the Estimated annual number of Policy and Analysis Staff, Farm Service origin of the animals, and the processing responses: 70,086. Agency, USDA, 1400 Independence and handling of the meat or other Estimated total annual burden on animal products. Avenue, SW., STOP 0516, Washington, respondents: 28,003 hours. (Due to DC 20250–0516; telephone (202) 720– Certification of a national government averaging, the total annual burden hours for importation of pork or pork products 4146; FAX (202) 690–1480; e-mail: may not equal the product of the annual [email protected]. from a swine vesicular disease-free number of responses multiplied by the FOR FURTHER INFORMATION CONTACT: region. This is a statement, completed reporting burden per response.) by a government official of an exporting Barbara Fecso at (202) 720–4146. All responses to this notice will be region, certifying that the U.S.-destined SUPPLEMENTARY INFORMATION: Section summarized and included in the request pork or pork product originated in a 359b(b)(1) of the Agricultural for OMB approval. All comments will region that is free from swine vesicular Adjustment Act of 1938, as amended (7 also become a matter of public record. disease. U.S.C. 1359bb(a)(1)), requires the Cleaning and disinfecting methods. Done in Washington, DC, this 23rd day of Secretary to establish, by the beginning This is a letter from veterinary officials September 2004. of each crop year, an appropriate of an exporting region stating that Kevin Shea, allotment for the marketing by appropriate cleaning and disinfecting Acting Administrator, Animal and Plant processors of sugar processed from methods have been applied to trucks, Health Inspection Service. sugar beets and from domestically railroad cars, or other means of [FR Doc. E4–2409 Filed 9–28–04; 8:45 am] produced cane sugar at a level the conveyance used to transport certain BILLING CODE 3410–34–P Secretary estimates will result in no

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forfeitures of sugar to the CCC under the to-use ratio closer to levels associated zero production for the 2003 crop, its loan program. When CCC announced a with a more balanced market. In April FY 2004 allotment was reassigned to all 8.550 million ton OAQ in August 2003, 2004, CCC reevaluated estimates of other cane processors based on their it noted the existence of sugar market sugar consumption, stocks, production, respective three-factor proportionate uncertainties and that the OAQ could be and imports and determined that 3.5 shares. adjusted if warranted. The September percent of the OAQ, or 300,000 tons, Proportionate shares relative to the 11, 2003, USDA World Agricultural that was not allocated in September acreage of cane sugar that may be Supply and Demand Estimates forecast would not be needed for a balanced harvested in Louisiana for sugar or seed substantially decreased total use in FY market in FY 2004. Thus, the official is set at 84.2 percent of each farm’s cane 2003 and FY 2004. Consequently, the OAQ was reduced by 300,000 tons. In sugar acreage base. These actions apply FY 2004 free ending stocks-to-use ratio July 2004, CCC again revised State cane to all domestic sugar marketed for increased to 17.4 percent, up from 15.1 sugar allotments to reflect updated human consumption in the United percent when the OAQ was established. production estimates. States from October 1, 2003, through Free ending stocks refer to the portion To establish cane state allotments, September 30, 2004. of stocks that are permitted to be sold weights of 25 percent, 25 percent, and The established 2003 crop beet and under the sugar marketing allotment 50 percent, respectively, are assigned to cane sugar marketing allotments are program. In response, CCC allocated the three-factor criteria: Past marketings; listed in the following table, along with 96.5 percent of the OAQ in September processing capacity; and ability to the adjustments that have occurred 2003 to reduce the free ending stocks- market. Because Puerto Rice forecast since:

FY 2004 OVERALL BEET/CANE ALLOTMENTS—ESTABLISHMENT AND ADJUSTMENTS

September 30, August 13, 2003 2003 announce- April 9, 2004 an- July 22, 2004 announcement es- ment revising nouncement ad- announcmeent ad- tablishing FY04 al- FY04 allotments justing FY04 allot- justing FY04 allot- lotments at to 8,250,000 ments ments 8,550,000 STRV STRV

Beet sugar ...... 4,646,925 4,483,875 ...... Cane sugar ...... 3,903,075 3,766,124 ......

Total OAQ ...... 8,550,000 8,250,000 ...... State cane sugar alltoments: Florida ...... 1,877,086 1,910,863 1,949,112 Louisiana ...... 1,411,954 1,376,626 1,403,800 Texas ...... 157,617 159,230 157,256 Hawaii ...... 319,468 319,406 255,956 Puerto Rico ...... 0 0 0

Signed in Washington, DC on September 3, approval to establish an information Type of Request: Intent to seek 2004. collection for the Expanded Food and approval to establish an information James R. Little, Nutrition Education Program (EFNEP). collection for three years. Executive Vice President, Commodity Credit DATES: Written comments on this notice Abstract: The USDA’s CSREES EFNEP Corporation. must be received by December 3, 2004 is a unique program that began in 1969, [FR Doc. 04–21771 Filed 9–28–04; 8:45 am] to be assured of consideration. designed to reach limited resource BILLING CODE 3410–05–P Comments received after that date will audiences, especially youth and families be considered to the extent practicable. with young children. EFNEP operates in ADDRESSES: Written comments DEPARTMENT OF AGRICULTURE 50 States of the United States, American concerning this notice may be mailed to Samoa, Guam, Micronesia, the Jason Hitchcock, E-Government Program Cooperative State Research, Commonwealth of the Northern Leader, Information Systems and Education, and Extension Service Marianas, the Commonwealth of Puerto Technology Management, CSREES, Notice of Intent To Establish an USDA, STOP 2216, 1400 Independence Rico, and the Virgin Islands of the Information Collection Avenue, SW., Washington, DC 20250– United States. Extension professionals train and supervise paraprofessionals AGENCY: Cooperative State Research, 2216 or sent electronically to: [email protected]. and volunteers who teach food and Education, and Extension Service, nutrition information and skills to USDA. FOR FURTHER INFORMATION CONTACT: To limited resource families and youth. ACTION: Notice and request for request a copy of the information The objectives of EFNEP are to assist comments. collection, contact Jason Hitchcock at (202) 720–4343; facsimile at (202) 720– limited resource families and youth in SUMMARY: In accordance with the Office 0857; or electronically at: acquiring the knowledge, skills, of Management and Budget (OMB) [email protected]. attitudes, and changed behaviors regulations (5 CFR 1320) that implement SUPPLEMENTARY INFORMATION: necessary for making diet decisions that the Paperwork Reduction Act of 1995 Title: Expanded Food and Nutrition are nutritionally sound, and to (44 U.S.C. Chapter 35), this notice Education Program (EFNEP). contribute to their personal announces the Cooperative State OMB Number: 0524–NEW. development and the improvement of Research, Education, and Extension Expiration Date of Current Approval: the total family diet and nutritional Service’s (CSREES) intention to request Not applicable. well-being.

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The evaluation processes of EFNEP This data is exported electronically to DATES: Written comments on this notice are consistent with the requirements of the state-level system. At the state level, must be received by December 3, 2004 Congressional legislation and OMB. The university staff imports the data and to be assured of consideration. Government Performance and Results create state reports that are exported Comments received after that date will Act of 1993 (GPRA) (Pub. L. 103–62), electronically to the Federal-level be considered to the extent practicable. the Federal Activities Inventory Reform system. By the time the data gets to the ADDRESSES: Written comments Act of 1998 (FAIR Act) (Pub. L. 105– Federal level, it is state compiled data concerning this notice may be mailed to 270), and the Agricultural, Research, excluding any personal identifying Jason Hitchcock, E-Government Program Extension and Education Reform Act of information of participants. National Leader, Information Systems and 1998 (AREERA)(Pub. L. 105–185), reports are then created at the Federal Technology Management, CSREES, together with OMB requirements, level. USDA, STOP 2216, 1400 Independence support the reporting requirements Estimate of Burden: Each year, the Avenue, SW., Washington, DC 20250– requested in this information collection. county offices aggregate local electronic 2216 or sent electronically to: One of the five Presidential data into the state report, and transmit [email protected]. Management Agenda initiatives, Budget it electronically to CSREES. This FOR FURTHER INFORMATION CONTACT: To and Performance Integration, builds on requirement constitutes the Federal request a copy of the information GPRA and earlier efforts to identify burden CSREES imposes on the States collection, contact Jason Hitchcock at program goals and performance and is the only burden measured and (202) 720–4343; facsimile at (202) 720– measures, and link them to the budget accounted for in this estimate. CSREES 0857; or electronically at: process. The FAIR Act requires the estimates that it takes one State or [email protected]. development and implementation of a Territory 1,234.5 hours to aggregate the SUPPLEMENTARY INFORMATION: system to monitor and evaluate local level information and transmit the Title: Children, Youth, and Families agricultural research and extension summary information to CSREES. There activities in order to measure the impact at Risk (CYFAR) Year End Report. are a total of 56 responses annually, OMB Number: 0524–NEW. and effectiveness of research, extension, thus constituting a total annual and education programs. AREERA Expiration Date of Current Approval: estimated burden of 69,132 hours for Not applicable. requires a performance evaluation to be this information collection. conducted to determine whether Type of Request: Intent to seek Federally funded agricultural research, Comments: Comments are invited on: approval to establish an information extension, and education programs (a) Whether the proposed collection of collection for three years. result in public goods that have national information is necessary for the Abstract: Funding for the Children, or multi-state significance. automated, electronic, mechanical, or Youth, and Families at Risk (CYFAR) Since 1969, states have annually other technological collection New Communities Project (NCP) is reported demographic and dietary techniques or other forms of information authorized under section 3(d) of the behavior change of their EFNEP technology. Smith-Lever Act (7 U.S.C. 341 et seq.), audience to the Federal Cooperative Done in Washington, DC, this 1st day of as amended, and other relevant Extension Service (CES) EFNEP September, 2004. authorizing legislation, which provides National Program Leader, at CSREES, or Joseph J. Jen, jurisdictional basis for the establishment its preceding agencies, in USDA. Under Secretary, Research, Education, and and operation of Extension educational Through 1992, the reports were Economics. work for the benefit of youth and submitted on OMB approved forms, [FR Doc. 04–21752 Filed 9–28–04; 8:45 am] families in communities. The CYFAR funding program supports community- Forms ES–255 and ES–256. The data BILLING CODE 3410–22–P gathered using these forms was of based programs serving children, youth, limited usefulness at the State and local and families in at-risk environments. level, and data quality was questionable. DEPARTMENT OF AGRICULTURE CYFAR funds are intended to support The Evaluation/Reporting System (E/ the development of high quality, RS) is a database that was developed to Cooperative State Research, effective programs based on research capture the impacts of EFNEP. The Education, and Extension Service and to document the impact of these system provides a variety of reports that programs on intended audiences. The are useful for management purposes, Notice of Intent to Establish an CYFAR Year End Report collects provides diagnostic assessments of Information Collection demographic and impact data from each participant needs, and exports summary community site which is used by data for State and National assessment AGENCY: Cooperative State Research, CSREES to conduct impact evaluations of the program’s impact. The Education, and Extension Service, of the programs on its intended specifications for this system were USDA. audience. developed by a committee made up of ACTION: Notice and request for The evaluation processes of CYFAR representatives from across the United comments. are consistent with the requirements of States. Congressional legislation and OMB. The E/RS stores information in the form of SUMMARY: In accordance with the Office Government Performance and Results records about the program participants, of Management and Budget (OMB) Act of 1993 (GPRA) (Pub. L. 103–62), their family structure and their dietary regulations (5 CFR 1320) that implement the Federal Activities Inventory Reform practices. The system is structured to the Paperwork Reduction Act of 1995 Act of 1998(FAIR Act) (Pub. L. 105– collect data about adult participants, (44 U.S.C. Chapter 35), this notice 270), and the Agricultural, Research, youth and youth group members, and announces the Cooperative State Extension and Education Reform Act of staff assignments, and hours worked. Research, Education, and Extension 1998 (AREERA) (Pub. L. 105–185), The E/RS consists of separate software Service’s (CSREES) intention to request together with OMB requirements, sub-systems for the county, state, and approval to establish an information support the reporting requirements Federal levels. Each county-level system collection for Children, Youth, and requested in this information collection. accumulates data about individuals. Families at Risk (CYFAR). One of the five Presidential

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Management Agenda initiatives, Budget DEPARTMENT OF AGRICULTURE H Headquarters, CSREES, USDA, and and Performance Integration, builds on hundreds of educational curricula, GPRA and earlier efforts to identify Cooperative State Research, activities, and events for youth K program goals and performance Education, and Extension Service through 12th grade. Programs originate measures, and link them to the budget at 105 land-grant universities, and local process. The FAIR Act requires the Notice of Intent To Establish an programs are conducted and managed development and implementation of a Information Collection by some 4,000 professional Extension system to monitor and evaluate AGENCY: Cooperative State Research, staff in 3,050 counties, with nearly agricultural research and extension Education, and Extension Service, seven million youth enrolled each year. activities in order to measure the impact USDA. Nearly 600,000 volunteer leaders work and effectiveness of research, extension, ACTION: Notice and request for directly with the 4–H youth. The and education programs. AREERA comments. Annual 4–H Enrollment Report is the requires a performance evaluation to be principal means by which the 4–H conducted to determine whether SUMMARY: In accordance with the Office movement keeps track of its progress, as Federally funded agricultural research, of Management and Budget (OMB) well as emerging needs, potential extension, and education programs regulations (5 CFR 1320) that implement problems and opportunities. result in public goods that have national the Paperwork Reduction Act of 1995 The evaluation processes of 4–H are or multi-state significance. (44 U.S.C. Chapter 35), this notice consistent with the requirements of The immediate need of this announces the Cooperative State Congressional legislation and OMB. The information collection is to provide a Research, Education, and Extension Government Performance and Results means for satisfying accountability Service’s (CSREES) intention to request Act of 1993 (GPRA) (Pub. L. 103–62), requirements. The long term objective is approval to establish an information the Federal Activities Inventory Reform to provide a means to enable the collection for the 4–H Youth Act of 1998 (FAIR Act) (Pub. L. 105– evaluation and assessment of the Development Annual Enrollment 270), and the Agricultural, Research, effectiveness of programs receiving Report. Extension and Education Reform Act of 1998 (AREERA)(Pub. L. 105–185), Federal funds and to fully satisfy DATES: Written comments on this notice requirements of performance and must be received by December 3, 2004 together with OMB requirements, accountability legislation in GPRA, the to be assured of consideration. support the reporting requirements FAIR Act, and AREERA. Comments received after that date will requested in this information collection. Estimate of Burden: There are be considered to the extent practicable. One of the five Presidential Management Agenda initiatives, Budget currently CYFAR projects in 48 States of ADDRESSES: Written comments the United States and 2 territories. Each and Performance Integration, builds on concerning this notice may be mailed to GPRA and earlier efforts to identify state and territory is required to Jason Hitchcock, E-Government Program electronically submit an annual year program goals and performance Leader, Information Systems and measures, and link them to the budget end report to CSREES. The year end Technology Management, CSREES, report includes demographic and process. The FAIR Act requires the USDA, STOP 2216, 1400 Independence development and implementation of a impact data on each of the community Avenue, SW., Washington, DC 20250– projects. CSREES estimates the burden system to monitor and evaluate 2216 or sent electronically to: agricultural research and extension of this collection to be 322 hours per [email protected]. response. There are currently 50 activities in order to measure the impact FOR FURTHER INFORMATION CONTACT: respondents, thus making the total To and effectiveness of research, extension, annual burden of this collection an request a copy of the information and education programs. AREERA estimated 16,100 hours. collection, contact Jason Hitchcock at requires a performance evaluation to be Comments: Comments are invited on: (202) 720–4343; facsimile at (202) 720– conducted to determine whether (a) Whether the proposed collection of 0857; or electronically at: federally funded agricultural research, information is necessary for the proper [email protected]. extension, and education programs performance of the functions of the SUPPLEMENTARY INFORMATION: result in public goods that have national Agency, including whether the Title: 4–H Youth Development or multi-state significance. information will have practical utility; Annual Enrollment Report. All of the information necessary to (b) the accuracy of the Agency’s OMB Number: 0524–NEW. run the county-level 4–H program is estimate of the burden of the proposed Expiration Date of Current Approval: collected by the county from collection of information; (c) ways to Not applicable. individuals, Clubs, and other Units. It is enhance the quality, utility and clarity Type of Request: Intent to seek maintained electronically at the County of the information to be collected; and approval to establish an information 4–H offices in cumulative individual (d) ways to minimize the burden of the collection for three years. and Club electronic records within the Abstract: As early as 1902 USDA collection of information on those who County 4–H program management Demonstration field staff and software system. Annually each county are to respond, including through the progressive educators around the sends their State 4–H office an use of appropriate automated, country began to work with groups of electronic aggregated summary of their electronic, mechanical, or other young rural boys and girls in practical 4–H enrollment. technological collection techniques or applications of research knowledge One professional 4–H staff member in other forms of information technology. through hands-on agricultural and home each State or Territory annually uses Done in Washington, DC, this 1st day of economics-related subjects which their program management software to September 2004. evolved into 4–H. Over time, 4–H electronically aggregate the 4–H Joseph J. Jen, became the largest non-formal youth enrollment for their State or Territory Under Secretary, Research, Education, and development program in the country, into a standardized format in a database Economics. and has remained so. flat file. Only certain categories from the [FR Doc. 04–21753 Filed 9–28–04; 8:45 am] 4–H is a complex national flat file are forwarded to CSREES. None BILLING CODE 3410–22–P organization, involving the National 4– of the aggregated summary information

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collected by CSREES contains sensitive on Tuesday, September 28, 2004, to organization facilitating fair information of an individual nature. provide information and receive public international trade in food and Estimate of Burden: Each year, the comments on agenda items that will be protecting the health and economic State 4–H office aggregates all electronic discussed at the Fifteenth Session of the interests of consumers. Through County 4–H enrollment reports into the Codex Committee on Residues in adoption of food standards, codes of State 4–H enrollment report, and Veterinary Drugs in Foods, which will practice, and other guidelines transmits it electronically to CSREES. be held in Alexandria, VA, October 26– developed by its committees, and by The applicable Territories similarly 29, 2004. The Under Secretary and CVM promoting their adoption and transmit aggregated information. This recognize the importance of providing implementation by governments, Codex requirement constitutes the Federal interested parties with information seeks to ensure that the world’s food burden CSREES imposes on the States about the Codex Committee on Residues supply is sound, wholesome, free from and Territories and is the only burden of Veterinary Drugs in Foods of the adulteration, and correctly labeled. In measured and accounted for in this Codex Alimentarius Commission and to the United States, USDA, FDA, and the estimate. CSREES estimates that it takes address items on the Agenda for the Environmental Protection Agency one State or Territory 31 hours to 15th Session of the Committee. manage and carry out U.S. Codex aggregate the local level information and DATES: The public meeting is scheduled activities. transmit the summary information to for Tuesday, September 28 from 10 a.m. The Codex Committee on Residues of CSREES. There are a total of 57 to 1 p.m. Veterinary Drugs in Foods was responses annually, thus constituting a ADDRESSES: The public meeting will be established in 1985 by the 16th Session total annual estimated burden of 1,767 held at the Best Western Washington of the Codex Alimentarius Commission hours for this information collection. to determine priorities for the Comments: Comments are invited on: Gateway Hotel, 1251 West Montgomery Avenue, Rockville, MD., 20850 (Main consideration of residues of veterinary (a) Whether the proposed collection of drugs in foods and to recommend information is necessary for the proper Ballroom). (The Hotel will provide shuttle service from the Rockville Metro maximum levels of such substances; to performance of the functions of the develop codes of practice as may be Agency, including whether the Stop to the Hotel at 9:30 a.m.) FSIS invites interested persons to required; and to consider methods of information will have practical utility; submit comments on this notice. sampling and analysis for the (b) the accuracy of the Agency’s Comments may be submitted by any of determination of veterinary drug estimate of the burden of the proposed the following methods: residues in foods. The Committee is collection of information; (c) ways to Mail, including floppy disks or CD– chaired by the United States. enhance the quality, utility and clarity ROM’s, and hand- or courier-delivered of the information to be collected; and Issues To Be Discussed at the Public items: Send to Docket Clerk, USDA, (d) ways to minimize the burden of the Meeting FSIS, 300 12th Street, SW., Room 102 collection of information on those who Cotton Annex, Washington, DC, 20250. Provisional agenda items: 1. Draft Maximum Residue Limits are to respond, including through the All submissions received must (MRLs) for Veterinary Drugs use of appropriate automated, include the Agency name and docket (Flumequine, neomycin, dicyclanil, electronic, mechanical, or other number 04–030N. technological collection techniques or All comments submitted in response carbodox, melengestrol acetate and other forms of information technology. to this notice, as well as research and trichlorforn (metrifonate), phoxim, Done in Washington, DC, this 1st day of background information used by FSIS in cyalothrin, and cefuroxime). 2. Proposed Draft Maximum Residue September, 2004. developing this document, will be Limits for Veterinary Drugs Joseph J. Jen, available for public inspection in the (Cypermethrin, alpha-cypermethrin, Under Secretary, Research, Education, and FSIS Docket Room at the address listed imidocarb, flumequine, pirlimycin, Economics. above between 8:30 a.m. and 4:30 p.m., cypermethrin/alpha cypermethrin, [FR Doc. 04–21754 Filed 9–28–04; 8:45 am] Monday through Friday. The comments doramectin, and ractopamine). BILLING CODE 3410–22–P also will be posted on the Agency’s Web 3. Proposed Draft Code of Practice to site at http://www.fsis.usda.gov/OPPDE/ Minimize and Contain Antimicrobial rdad/FRDockets.htm. DEPARTMENT OF AGRICULTURE Resistance. Research and background information 4. Proposed Draft Revised Guidelines will also be accessible via the World Food Safety and Inspection Service for the Establishment of a Regulatory Wide Web at the following address: Program for the Control of Veterinary [Docket No. 04–030N] http://www.codexalimentarius.net. Drug Residues in Foods. FOR FURTHER INFORMATION CONTACT: 5. Proposed Draft Revised Part II Codex Alimentarius: Meeting of the Edith E. Kennard, Staff Officer, U.S. ‘‘General Consideration on Analytical Codex Committee on Residues of Codex Office, FSIS, Room 4861, South Methods for Residue Control’’ of the Veterinary Drugs in Foods Building, 1400 Independence Avenue Codex Guidelines for the Establishment AGENCY: Food Safety and Inspection SW., Washington, DC, 20250, Phone: of a Regulatory Program for the Control Service, USDA. (202) 720–5261, Fax: (202) 720–3157, E- of Veterinary Drug Residues in Foods. ACTION: Notice of public meeting and mail: [email protected]. 6. Discussion Paper on Risk request for comments. SUPPLEMENTARY INFORMATION: Management Methodologies, Including Risk Assessment Policies, in the Codex Background SUMMARY: This notice informs the public Committee of Veterinary Drugs in that the Office of the Under Secretary The Codex Alimentarius Commission Foods. for Food Safety, United States was established in 1962 by two United 7. Review of Performance-based Department of Agriculture (USDA), and Nations organizations, the Food and Criteria for Methods of Analysis. the Center for Veterinary Medicine Agriculture Organization (FAO) and the 8. Consideration of the Priority List of (CVM), Food and Drug Administration World Health Organization (WHO). Veterinary Drugs Requiring Evaluation (FDA), are sponsoring a public meeting Codex is the major international or Re-evaluation.

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9. Discussion Paper on Rounding of SUMMARY: In accordance with the receive a follow-up contact. Acceptable Daily Intakes for Veterinary Paperwork Reduction Act of 1995 (Pub. Summarization of findings will be Drugs prior to Setting of MRLs. L. 104–13) and Office of Management presented to the Advisory Committee on and Budget regulations at 5 CFR part Agricultural Statistics. Public Meeting 1320 (60 FR 44978, August 29, 1995), Estimate of Burden: Public reporting At the September 28th public this notice announces the intention of burden for this information collection is meeting, the agenda items will be the National Agricultural Statistics estimated to average 60 minutes per described and discussed, and the U.S. Service (NASS) to seek reinstatement of positive response, 10 minutes per draft positions will be presented. an information collection, the Census of screen-out, and 2 minutes per refusal. Attendees will have the opportunity to Agriculture Content Test. Respondents: Farm and ranch pose questions and offer comments. DATES: Comments on this notice must be operators. Comments may be sent to the FSIS received by December 3, 2004, to be Estimated Number of Respondents: Docket Room (see ADDRESSES). Written assured of consideration. 30,000. comments should state that they relate Estimated Total Annual Burden on ADDRESSES: to activities of the Codex Committee on Comments may be sent to Ginny McBride, NASS Clearance Respondents: 30,000 hours. Residues of Veterinary Drugs in Foods Copies of this information collection Officer, U.S. Department of Agriculture, (CCRVDF) (#04–030N). and related instructions can be obtained Room 5336 South Building, 1400 without charge from Ginny McBride, Additional Public Notification Independence Avenue SW., NASS Clearance Officer, at (202) 720– Washington, DC 20250–2024, or Public awareness of all segments of 5778. [email protected] or faxed to rulemaking and policy development is Comments: Comments are invited on: (202) 720–6396. important. Consequently, in an effort to (a) Whether the proposed collection of ensure that the public and in particular FOR FURTHER INFORMATION OR COMMENTS information is necessary for the proper minorities, women, and persons with CONTACT: Carol House, Associate performance of the functions of the disabilities, are aware of this notice, Administrator, National Agricultural agency, including whether the FSIS will announce it on-line through Statistics Service, U.S. Department of information will have practical utility; the FSIS Web page located at http:// Agriculture, (202) 720–4333. (b) the accuracy of the agency’s estimate www.fsis.usda.gov. SUPPLEMENTARY INFORMATION: of the burden of the proposed collection FSIS also will make copies of this Title: Census of Agriculture Content of information including the validity of Federal Register publication available Test. the methodology and assumptions used; through the FSIS Constituent Update, OMB Control Number: 0535–0243. (c) ways to enhance the quality, utility, which is used to provide information Type of Request: Intent to Seek and clarity of the information to be regarding FSIS policies, procedures, Reinstatement of an Information collected; and (d) ways to minimize the regulations, Federal Register notices, Collection. burden of the collection of information FSIS public meetings, recalls, and other Abstract: The census of agriculture on those who are to respond, including types of information that could affect or conducted every five years is the through the use of appropriate would be of interest to our constituents primary source of statistics concerning automated, electronic, mechanical, or and stakeholders. The update is the nation’s agricultural industry and other technological collection communicated via Listserv, a free e-mail provides the only basis of consistent, techniques or other forms of information subscription service consisting of comparable data. The Census of industry, trade, and farm groups, technology. Agriculture is required by law under the All responses to this notice will consumer interest groups, allied health Census of Agriculture Act of 1997, Pub. become a matter of public record and be professionals, scientific professionals, L. 105–113, 7 U.S.C. 2204(g). The 2002 summarized in the request for OMB and other individuals who have census is available on the Web at approval. requested to be included. The update http://www.nass.usda.gov/census. also is available on the FSIS Web page. The purpose of this content test is to Signed at Washington, DC, September 1, Through Listserv and the Web page, evaluate factors impacting the census 2004. FSIS is able to provide information to a program: questionnaire format and Carol House, much broader, more diverse audience. design, new items, changes to question Associate Administrator. Done at Washington, DC on September 23, wording and location, respondent [FR Doc. 04–21772 Filed 9–28–04; 8:45 am] 2004. burden, ease of completion, and BILLING CODE 3410–20–P F. Edward Scarbrough, processing methodology such as edit U.S. Manager for Codex Alimentarius. and summary. Results will be studied in DEPARTMENT OF AGRICULTURE [FR Doc. 04–21774 Filed 9–28–04; 8:45 am] preparation for the 2007 Census of Agriculture. Development of the test BILLING CODE 3410–DM–P questionnaire version will come from National Agricultural Statistics Service evaluation of the 2002 Census of Notice of Invitation for Nominations to Agriculture, testing panels, and focus DEPARTMENT OF AGRICULTURE the Advisory Committee on Agriculture groups. NASS will also meet with other Statistics National Agricultural Statistics Service USDA and Federal agencies and selected State Departments of AGENCY: National Agricultural Statistics Notice of Intent to Seek Approval to Agriculture to glean information on data Service (NASS), USDA. Reinstatement of an Information uses and justification for county data. ACTION: Solicitation of nominations for Collection The test will be nation-wide, Advisory Committee on Agriculture AGENCY: National Agricultural Statistics excluding Alaska and Hawaii. A random Statistics membership. Service, USDA. sample of 30,000 will be mailed questionnaires; half will get the old SUMMARY: In accordance with the ACTION: Notice and request for version for control and half will get the Federal Advisory Committee Act, 5 comments. test format. Non-respondents will U.S.C. App. 2, this notice announces an

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invitation from the Office of the changing agricultural environment and DEPARTMENT OF COMMERCE Secretary of Agriculture for nominations keep NASS informed of emerging issues to the Advisory Committee on in the agriculture community that can Foreign-Trade Zones Board Agriculture Statistics. affect agriculture statistics activities. [Docket 44–2004] On January 13, 2003, the Secretary of The Committee, appointed by the Agriculture renewed the Advisory Secretary of Agriculture, consists of 25 Foreign-Trade Zone 26—Atlanta, Committee charter for another 2 years. members representing a broad range of Georgia, Area Application for The purpose of the Committee is to Expansion advise the Secretary of Agriculture on disciplines and interests, including, but the scope, timing, content, etc., of the not limited to, representatives of An application has been submitted to periodic censuses and surveys of national farm organizations, agricultural the Foreign-Trade Zones (FTZ) Board agriculture, other related surveys, and economists, rural sociologists, farm (the Board) by the Georgia Foreign- the types of information to obtain from policy analysts, educators, State Trade Zone, Inc., grantee of Foreign- respondents concerning agriculture. The agriculture representatives, and Trade Zone 26, requesting authority to Committee also prepares agriculture-related business and expand its zone to include additional recommendations regarding the content marketing experts. sites in the Atlanta area, within and adjacent to the Atlanta Customs port of of agriculture reports and presents the Members serve staggered 2-year terms, entry. The application was submitted views and needs for data of major with terms for half of the Committee pursuant to the provisions of the suppliers and users of agriculture members expiring in any given year. statistics. Foreign-Trade Zones Act, as amended Nominations are being sought for 12 (19 U.S.C. 81a–81u), and the regulations DATES: Nominations must be received open Committee seats. Members can of the Board (15 CFR Part 400). It was by October 29, 2004 to be assured of serve up to 3 terms for a total of 6 formally filed on September 22, 2004. consideration. consecutive years. The Chairperson of FTZ 26 was approved on January 17, ADDRESSES: Nominations should be the Committee shall be elected by 1977 (Board Order 115, 42 FR 4186, 1/ mailed to Carol House, Associate members to serve a 1-year term. 24/77); reorganized on April 18, 1988 Administrator, National Agricultural Equal opportunity practices, in line (Board Order 381, 53 FR 15254, 4/28/ Statistics Service, U.S. Department of with USDA policies, will be followed in 88); and, expanded on April 29, 1996 Agriculture, 1400 Independence all membership appointments to the (Board Order 820, 61 FR 21156, 5/9/96), Avenue, SW., Room 4117 South Committee. To ensure that the on March 19, 1999 (Board Order 1033, Building, Washington, DC 20250–2000. recommendations of the Committee 64 FR 16421, 4/5/99), and on June 21, In addition, nominations may be mailed have taken into account the needs of the 2000 (Board Order 1105, 65 FR 39865, _ 6/28/00). The general-purpose zone electronically to hq [email protected]. diverse groups served by USDA, project currently consists of the FOR FURTHER INFORMATION CONTACT: membership shall include, to the extent following sites: Site 1 (285 acres, 2 Carol House, Associate Administrator, practicable, individuals with parcels)—adjacent to the Hartsfield- National Agricultural Statistics Service, demonstrated ability to represent (202) 720–4333. Jackson Atlanta International Airport in minorities, women, and persons with Clayton and Fulton Counties and jet fuel SUPPLEMENTARY INFORMATION: disabilities. storage and distribution facilities; Site 2 Nominations should include the The duties of the Committee are (2,472 acres)—Peachtree City Industrial following information: name, title, solely advisory. The Committee will Park, Highway 74 South, Peachtree City; organization, address, telephone make recommendations to the Secretary and, Site 3 (85 acres)—Canton-Cherokee number, and e-mail address. In addition of Agriculture with regards to the County Business and Industrial Park, to mailed correspondence to the agricultural statistics program of NASS, Brown Industrial Boulevard, Canton. addresses listed above, nominations and such other matters as it may deem The applicant is now requesting may also be faxed to (202) 720–9013, OR authority for a major expansion of the telephoned to Carol House, Associate advisable, or which the Secretary of Agriculture, Under Secretary for zone as described below. The proposal Administrator, NASS, at (202) 720– requests authority to expand the zone to 4333. Each person nominated is Research, Education, and Economics, or the Administrator of NASS may request. include seven additional sites in the required to complete an Advisory cities of Columbus, Griffin, Buford and The Committee will meet at least Committee Membership Background McDonough, Georgia. Information form. This form may be annually. All meetings are open to the Proposed Site 4—1,152 acres within requested by telephone, fax, or e-mail public. Committee members are the 2,124-acre Muscogee Technology using the information above. Forms will reimbursed for official travel expenses Park, located at the intersection of also be available from the NASS Home only. Georgia Highway 22 and State Route 80, Page http://www.usda.gov/nass by Send questions, comments, and Columbus (Muscogee County); selecting ‘‘Agency Information,’’ requests for additional information to Proposed Site 5—49 acres at the ‘‘Advisory Committee on Agriculture the e-mail address, fax number, or Corporate Ridge/Columbus East Statistics.’’ Completed forms may be address listed above. Industrial Park, located at the faxed to the number above, mailed, or intersection of Schatulga Road and completed and e-mailed directly from Signed at Washington, DC, September 14, Cargo Drive, Columbus (Muscogee the Internet site. 2004. County); The Committee draws on the R. Ronald Bosecker, Proposed Site 6—394 acres within the experience and expertise of its members Administrator, National Agricultural 411-acre Green Valley Industrial Park, to form a collective judgment Statistics Service. located at the intersection of Green concerning agriculture data collected [FR Doc. 04–21773 Filed 9–28–04; 8:45 am] Valley Road and State Route 16, Griffin and the statistics issued by NASS. This BILLING CODE 3410–20–P (Spalding County); input is vital to keep current with Proposed Site 7—64 acres at the shifting data needs in the rapidly Hudson Industrial Park, located at the

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intersections of Hudson Industrial DEPARTMENT OF COMMERCE days. Completion of the final results Drive, Green Valley Road and Futral within the 120–day period is not Road, Griffin (Spalding County); International Trade Administration practicable for the following reasons: Proposed Site 8—190 acres at the I– A–570–867 This review involves certain complex issues which were raised in the briefs 75 Industrial Park, located at the after the preliminary results of review intersection of Wallace Road and Notice of Extension of Time Limit for including the valuation of water as a Jackson Road, Griffin (Spalding County); the Final Results of the Antidumping Duty Administrative Review: separate component of normal value Proposed Site 9—321 acres at the Automotive Replacement Glass and the appropriate liquidation Hamilton Mill Business Center, located Windshields from the People’s instruction for Shenzhen CSG at the intersection of Hamilton Mill Republic of China Automotive Glass Company, Limited Road and Interstate 985, Buford (‘‘Shenzhen CSG’’), considering that the (Gwinnett County); and, AGENCY: Import Administration, Department determined in a changed– International Trade Administration, Proposed Site 10—212 acres at the circumstances review that Shenzhen Department of Commerce. ProLogis Park Greenwood, located just CSG is entitled to the same antidumping west of Interstate 75 at the Georgia State EFFECTIVE DATE: September 29, 2004. treatment as Shenzhen Benxun Highway 155 ‘‘diamond’’ interchange, SUMMARY: The Department of Commerce AutoGlass Co., Ltd. See Notice of Final McDonough (Henry County). (‘‘the Department’’) is extending the Results of Antidumping Duty Changed time limit for the final results of the Circumstances Review: Automotive No specific manufacturing requests administrative review of the Replacement Glass Windshields From are being made at this time. Such antidumping duty order on automotive the People’s Republic of China, 69 FR requests would be made to the Board on replacement glass windshields from the 43388 (July 20, 2004). a case-by-case basis. People’s Republic of China. This review Therefore, in accordance with section In accordance with the Board’s covers the period September 19, 2001, 751(a)(3)(A) of the Act, the Department regulations, a member of the FTZ Staff through March 31, 2003. is extending the time period for issuing has been designated examiner to FOR FURTHER INFORMATION CONTACT: the final results of review by an investigate the application and report to Robert Bolling or Jon Freed, AD/CVD additional ten days until no later than October 14, 2004. the Board. Operations, Import Administration, Dated: September 23, 2004. Public comment on the application is International Trade Administration, invited from interested parties. U.S. Department of Commerce, 14th Jeffrey A. May, Submissions (original and 3 copies) Street and Constitution Avenue, NW, Deputy Assistant Secretary for Import Administration. shall be addressed to the Board’s Washington DC 20230; telephone: (202) Executive Secretary at one of the 482–3434 and (202) 482–3818, [FR Doc. 04–21841 Filed 9–28–04; 8:45 am] addresses below: respectively. BILLING CODE: 3510–DS–S 1. Submissions via Express/Package SUPPLEMENTARY INFORMATION: Delivery Services: Foreign-Trade Zones Background DEPARTMENT OF COMMERCE Board, U.S. Department of Commerce, On May 7, 2004, the Department Franklin Court Building—Suite 4100W, International Trade Administration published the preliminary results of the 1099 14th Street NW., Washington, DC administrative review of the [A–427–818] 20005; or antidumping duty order on ARG 2. Submissions via the U.S. Postal windshields from the PRC. See Notice of Amended Final Results of Service: Foreign-Trade Zones Board, Automotive Replacement Glass Antidumping Duty Administrative U.S. Department of Commerce, FCB— Windshields from the People’s Republic Review: Low Enriched Uranium From Suite 4100W, 1401 Constitution Avenue of China: Preliminary Results of France NW., Washington, DC 20230. Antidumping Duty Administrative AGENCY: Import Administration, The closing period for their receipt is Review, 69 FR 25545 (May 7, 2004). On International Trade Administration, November 29, 2004. Rebuttal comments August 9, 2004, the Department Department of Commerce. in response to material submitted published a notice extending the time ACTION: Notice of amended final results during the foregoing period may be limit for the final results of this of antidumping duty administrative submitted during the subsequent 15-day administrative review by thirty days review. period (to December 14, 2004). until no later than October 4, 2004. See Notice of Extension of Time Limit for SUMMARY: On August 3, 2004, the A copy of the application and the Final Results of the Antidumping Department of Commerce (the accompanying exhibits will be available Duty Administrative Review: Department) published the final results for public inspection at the Office of the Automotive Replacement Glass of its first administrative review of the Foreign-Trade Zones Board’s Executive Windshields from the People’s Republic antidumping duty order on low Secretary at the first address listed of China, 69 FR 48197 (August 9, 2004). enriched uranium (LEU) from France for above, and at the U.S. Department of the period July 13, 2001, through Commerce, Export Assistance Center, Extension of Time Limit for Final January 31, 2003. See Notice of Final 285 Peachtree Center Avenue NE., Suite Results Results of Antidumping Duty 900, Atlanta, GA 30303–1229. Section 751(a)(3)(A) of the Act states Administrative Review: Low Enriched Dated: September 22, 2004. that if it is not practicable to complete Uranium from France, 69 FR 46501 the review within the time specified, the (August 3, 2004). On August 2, 2004, in Dennis Puccinelli, administering authority may extend the accordance with 19 CFR 351.224(c)(2), Executive Secretary. 120–day period, following the date of we received a timely filed ministerial [FR Doc. 04–21842 Filed 9–28–04; 8:45 am] publication of the preliminary results, to error allegation from respondent Eurodif BILLING CODE 3510–DS–P issue its final results by an additional 60 S.A., Compagnie Ge´ne´rale Des Matie`res

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Nucle´aires, S.A. and COGEMA, Inc. customs territory, and (ii) are re- merchandise based on the ratio of the (collectively, COGEMA/Eurodif). On exported within eighteen (18) months of total amount of antidumping duties August 9, 2004, we received rebuttal entry of the LEU for consumption by the calculated for the examined sales made comments from the petitioners.1 Based end-user in a nuclear reactor outside the during the period of review to the total on our analysis of parties’ comments, United States. Such entries must be customs value of the sales used to the Department has revised the accompanied by the certifications of the calculate those duties. Where the antidumping duty margin for COGEMA/ importer and end-user. importer-specific assessment rate is Eurodif. Accordingly, we are amending The merchandise subject to this order above de minimis, we will instruct CBP our final results. is currently classifiable in the to assess duties on all appropriate EFFECTIVE DATE: September 29, 2004. Harmonized Tariff Schedule of the entries of subject merchandise by that United States (HTSUS) at subheading FOR FURTHER INFORMATION CONTACT: importer. This rate will be assessed 2844.20.0020. Subject merchandise may Constance Handley or James Kemp, at uniformly on all entries of that also enter under 2844.20.0030, particular importer made during the (202) 482–0631 or (202) 482–5346, 2844.20.0050, and 2844.40.00. Although respectively; AD/CVD Enforcement, period July 13, 2001, through January the HTSUS subheadings are provided 31, 2003. The Department will issue Office 1, Import Administration, for convenience and customs purposes, International Trade Administration, appropriate assessment instructions the written description of the directly to CBP within 15 days of U.S. Department of Commerce, 14th merchandise is dispositive. Street & Constitution Avenue, NW., publication of the final results of Washington, DC 20230. Amended Final Results of Review review. The amended cash deposit requirement is effective for all SUPPLEMENTARY INFORMATION: On August 2, 2004, COGEMA/Eurodif shipments of subject merchandise timely filed, pursuant to 19 CFR manufactured by COGEMA/Eurodif Scope of the Order 351.224(c)(2), an allegation that the entered, or withdrawn from warehouse, The product covered by this order is Department made one ministerial error for consumption on or after the date of all low enriched uranium (LEU). LEU is in its final results, in that the publication of this notice and shall enriched uranium hexafluoride (UF6) constructed value (CV) profit rate was remain in effect until publication of the with a U235 product assay of less than applied to an adjusted cost of final results of the next administrative 20 percent that has not been converted production, although the financial review. statements from which the CV profit into another chemical form, such as These amended final results are rate was derived had not been similarly UO2, or fabricated into nuclear fuel issued and published in accordance adjusted. In their August 9, 2004, assemblies, regardless of the means by with section 751(h) of the Tariff Act and rebuttal, the petitioners contend the which the LEU is produced (including 19 CFR 351.224. LEU produced through the down- error was not ministerial because the blending of highly enriched uranium). Department’s analysis memorandum Jeffrey A. May, Certain merchandise is outside the lacked specificity in that it did not Acting Assistant Secretary for Import scope of this order. Specifically, this define which adjustments the Administration. order does not cover enriched uranium Department intended to make when [FR Doc. E4–2404 Filed 9–28–04; 8:45 am] 235 hexafluoride with a U assay of 20 calculating CV profit. We agree with BILLING CODE 3510–DS–P percent or greater, also known as highly COGEMA/Eurodif that its allegation enriched uranium. In addition, constitutes a ministerial error. For a fabricated LEU is not covered by the detailed discussion of this ministerial DEPARTMENT OF COMMERCE scope of this order. For purposes of this error, as well as the Department’s order, fabricated uranium is defined as analysis, see Memorandum from International Trade Administration enriched uranium dioxide (UO2), Constance Handley, Program Manager, (A–583–837) whether or not contained in nuclear fuel Office 1 to Jeffrey A. May, Deputy rods or assemblies. Natural uranium Assistant Secretary re: Ministerial Error Polyethylene Terephthalate Film, 235 concentrates (U3O8) with a U Allegation, dated September 21, 2004. Sheet, and Strip from Taiwan: Notice of concentration of no greater than 0.711 In accordance with 19 CFR Amended Final Results of percent and natural uranium 351.224(e), we have amended the final Antidumping Duty Administrative concentrates converted into uranium results of the first antidumping duty Review and Correction to the Final hexafluoride with a U235 concentration administrative review of LEU from Results of Administrative Review of no greater than 0.711 percent are not France, as noted above. As a result of AGENCY: covered by the scope of this order. this correction and as stated below, Import Administration, Also excluded from this order is LEU COGEMA/Eurodif’s weighted-average International Trade Administration, owned by a foreign utility end-user and margin decreased from 5.43 percent to Department of Commerce. imported into the United States by or for 4.56 percent. ACTION: Notice of Amended Final such end-user solely for purposes of Results of Antidumping Duty Weighted-av- Administrative Review. conversion by a U.S. fabricator into Producer erage margin uranium dioxide (UO2) and/or (percentage) EFFECTIVE DATE: fabrication into fuel assemblies so long September 29, 2004. as the uranium dioxide and/or fuel COGEMA/Eurodif ...... 4.56 FOR FURTHER INFORMATION CONTACT: Tom assemblies deemed to incorporate such Martin or Zev Primor at (202) 482–3936 imported LEU (i) remain in the The Department shall determine and and (202) 482–4114, respectively; Office possession and control of the U.S. U.S. Customs and Border Protection of AD/CVD Enforcement Office IV, fabricator, the foreign end-user, or their (CBP) shall assess antidumping duties Import Administration, Room 1870, designed transporter(s) while in U.S. on all appropriate entries. In accordance International Trade Administration, with 19 CFR 351.212(b)(1), we will U.S. Department of Commerce, 14th 1 The petitoners in this case are USEC Inc. and calculate an importer-specific ad Street and Constitution Avenue, N.W., United States Enrichment Corporation. valorem assessment rate for Washington, D.C. 20230.

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SUMMARY: The Department of Commerce below, is 1.94 percent. For a detailed based on export prices. The Department (‘‘the Department’’) is amending the discussion of the Department’s analysis will issue appropriate assessment final results of administrative review of of the ministerial error allegation, see instructions directly to CBP within 15 the antidumping duty order on Memorandum from Mark Manning, days of publication of these amended polyethylene terephthalate film, sheet, Acting Program Manager, to Holly A. final results of review. Kuga, Senior Director, Office 4, and strip (‘‘PET film’’) from Taiwan to Cash Deposit Requirements reflect the correction of a ministerial ‘‘Allegation of Ministerial Error,’’ dated error in those final results. The concurrently with this notice. The following deposit requirements Department is also correcting the Additionally, in the Final Results, the will be effective upon publication of incorrect ‘‘All Others’’ rate that was Department published an incorrect rate this notice of amended final results of published in the final results. The for the ‘‘All Others’’ category. administrative review for all shipments period of review (‘‘POR’’) is December Specifically, the Department incorrectly of PET film from Taiwan entered, or 21, 2001, through June 30, 2003. identified the ‘‘All Others’’ rate as 2.56 withdrawn from warehouse, for consumption on or after the date of SUPPLEMENTARY INFORMATION: percent, rather than the correct rate of 2.40 percent. The correct rate of 2.40 publication, as provided by section Background percent was calculated in the amended 751(a)(1) of the Act: (1) The cash deposit On August 13, 2004, the Department final results of the less–than-fair–value rates for Nan Ya will be the rate shown published the final results of (‘‘LTFV’’) investigation. See Notice of above; (2) for previously reviewed or administrative review of the Amended Final Antidumping Duty investigated companies not listed above, antidumping duty order on PET film Determination of Sales at Less Than the cash deposit rate will continue to be from Taiwan. See Polyethylene Fair Value and Antidumping Duty the company–specific rate published for Terephthalate Film, Sheet, and Strip Order: Polyethylene Terephthalate Film, the most recent period; (3) if the from Taiwan: Final Results of Sheet, and Strip (PET Film) from exporter is not a firm covered in this Antidumping Duty Administrative Taiwan, 67 FR 44174 (July 1, 2002) review, a prior review, or the original Review, 69 FR 50166 (August 13, 2004) (‘‘Amended LTFV Final’’). LTFV investigation, but the Pursuant to section 751(h) of the (‘‘Final Results’’). On August 12, 2004, manufacturer is, the cash deposit rate Tariff Act of 1930, as amended (‘‘the the respondent Nan Ya Plastics will be the rate established for the most Act’’), we have amended the Final Corporation, Ltd. (‘‘Nan Ya’’) submitted recent period for the manufacturer of Results by correcting the ministerial comments alleging that the Department the merchandise; and (4) if neither the error. Consequently, we will issue made a ministerial error in the Final exporter nor the manufacturer is a firm amended cash–deposit instructions to covered in these or any previous Results, by deducting certain expenses U.S. Customs and Border Protection from the calculation of constructed reviews conducted by the Department, (‘‘CBP’’) to reflect the amendment of the the cash deposit rate will be the ‘‘All export price. On August 18, 2004, the final results of review. The revised petitioners1 filed rebuttal comments. Others’’ rate established in the weighted–average dumping margins are Amended LTFV Final, which is 2.40 Scope of the Review as follows: percent. For purposes of this administrative These deposit requirements shall Margin remain in effect until publication of the review, the products covered are all Manufacturer/exporter (percent) gauges of raw, pretreated, or primed final results of the next administrative PET film, whether extruded or Nan Ya Plastics Corporation, Ltd. 1.94 review. coextruded. Excluded are metallized Notification to Importers Assessment films and other finished films that have This notice also serves as a final had at least one of their surfaces The Department will determine, and reminder to importers of their modified by the application of a CBP will assess, antidumping duties on responsibility under 19 C.F.R. performance–enhancing resinous or all appropriate entries. Pursuant to 19 § 351.402(f)(2) to file a certificate inorganic layer more than 0.00001 C.F.R. § 351.212(b)(1), we calculated ad regarding the reimbursement of inches thick. Imports of PET film are valorem duty assessment rates based on antidumping duties prior to liquidation currently classifiable in the Harmonized the ratio of the total amount of the of the relevant entries during this Tariff Schedule of the United States dumping margins calculated for the review period. Failure to comply with (‘‘HTSUS’’) under item number examined sales to the total entered this requirement could result in the 3920.62.00. HTSUS subheadings are value of those same sales. For those Secretary’s presumption that provided for convenience and customs sales where the respondent did not reimbursement of the antidumping purposes. The written description of the report actual entered value, we duties occurred and the subsequent scope of this proceeding is dispositive. calculated importer–specific assessment assessment of double antidumping Amended Final Results rates based upon the net U.S. price. In duties. accordance with 19 C.F.R. After reviewing the allegation and the § 351.106(c)(2), we will instruct CBP to Administrative Protective Orders rebuttal comments, we have determined liquidate without regard to antidumping This notice also serves as the only that the Final Results did include a duties all entries of subject merchandise reminder to parties subject to ministerial error, and we have amended during the POR for which the importer– administrative protective orders our calculations accordingly. The specific assessment rate is zero or de (‘‘APOs’’) of their responsibility revised final weighted–average dumping minimis (i.e., less than 0.50 percent). To concerning the return or destruction of margin for Nan Ya, as indicated in the determine whether the per–unit duty proprietary information disclosed under ‘‘Amended Final Results’’ section assessment rates are de minimis (i.e., APO in accordance with 19 C.F.R. less than 0.50 percent), in accordance § 351.305. Timely written notification of 1 The petitioners in this review are DuPont Teijin with the requirement set forth in 19 Films, Mitsubishi Polyester Film of America, and the return/destruction of APO materials Toray Plastics (America), Inc. (collectively, the C.F.R. § 351.106(c)(2), we calculated or conversion to judicial protective petitioners). importer–specific ad valorem ratios order is hereby requested. Failure to

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comply with the regulations and terms from 10 a.m. to 12 noon; Twelfth OIML R61–1 and R61–2 ‘‘Automatic of an APO is a violation which is subject International Conference of Legal gravimetric filling instruments, Part to sanction. Metrology in Berlin, Germany 24–29 1: Metrological and technical We are issuing and publishing these October 2004. requirements—Tests.’’ (revision) amended final results in accordance ADDRESSES: Pre-conference meeting: ‘‘Part 2: Test report format.’’ (new with sections 751(h)of the Act and 19 National Institute of Standards and document) (UK); C.F.R. § 351.224. Technology (NIST North), Conference R75–1 and R75–2 ‘‘Heat meters. Part 1: Dated: September 17, 2004. Room 152, 820 West Diamond Avenue, General requirements. Part 2: Pattern approval and initial James J. Jochum, Gaithersburg, MD; International Conference: main venue is the Federal verification tests.’’ (revision) Assistant Secretary for Import (Germany); Administration. Ministry of Economics and Labor R84 ‘‘Platinum, copper and nickel Conference Center in Berlin, Germany. [FR Doc. 04–21840 Filed 9–28–04; 8:45 am] resistance thermometers (for BILLING CODE 3510–DS–S FOR FURTHER INFORMATION CONTACT: Mr. industrial use).’’ (revision) (Russia) Ralph Richter, International Legal R87 ‘‘Net content in packages.’’ Metrology Group, Weights and (revision) (US); DEPARTMENT OF COMMERCE Measures Division, National Institute of R99 ‘‘Instruments for measuring Standards and Technology, vehicle exhaust emissions (joint National Institute of Standards and Gaithersburg, MD 20899–2600; publication with ISO 3930).’’ Technology telephone: (301) 975–4025; fax: (301) (amendment to document) Announcement of a Public Meeting on 926–0647; e-mail: (Netherlands); U.S. Technical Participation in the 12th [email protected]. R133 ‘‘Liquid-in-glass thermometers.’’ (new document) (US); Quadrennial Conference of the SUPPLEMENTARY INFORMATION: The R134 ‘‘Automatic instruments for International Organization of Legal International Organization of Legal weighing road vehicles in motion. Metrology (OIML) Metrology (OIML) is an Part A—Total vehicle weighing.’’ intergovernmental treaty organization in AGENCY: National Institute of Standards (new document) (UK); which the United States and 59 other and Technology, Commerce. R135 ‘‘Spectrophotometers for medical nations are members. Its principal ACTION: Meeting announcement and laboratories.’’ (new document) purpose is to harmonize national laws (Germany) request for comments. and regulations pertaining to testing and SUMMARY: The National Institute of verifying the performance of legal Category 2 Standards and Technology (NIST) will measuring instruments used for equity R51–1 and R51–2 ‘‘Automatic hold a public meeting to discuss U.S. in commerce, for public and worker catchweighing instruments. Part 1: technical participation in the 12th health and safety, and for monitoring Metrological requirements—Tests.’’ Quadrennial Conference of the and protecting the environment. The (revision) ‘‘Part 2: Test report International Organization of Legal harmonized results promote the format.’’ (new document) (UK) Metrology (OIML). This pre-conference international trade of measuring R111–1 and R111–2 ‘‘Weights of public meeting is open to all interested instruments and products affected by classes E1, E2, F1, F2, M1, M1–2, M2, parties. measurement. M2–3, and M3. Part 1: Metrological The principal focus will be on 20 Twenty Recommendations will be and Technical Requirements. Part 2: OIML Recommendations on legal presented for ratification by the Test Report Format.’’ (revision) measuring instruments that will be Conference in the following two (US); presented for ratification by the categories: (1) Those already approved Draft Recommendation ‘‘Instruments Conference. These Recommendations by the International Committee of Legal for measuring the areas of leathers. Part and OIML-member nations’ technical Metrology (CIML) between 2001 and 1: Metrological requirements—Tests.’’ comments on them will be reviewed 2003; and (2) those that are expected to (new document) (UK) be submitted directly to the Conference with interested parties who will be Dated: September 23, 2004. given an opportunity to present their for ratification. These Recommendations Hratch G. Semerjian, views on the Recommendations and and the OIML-member nations holding other relevant issues related to the the responsible secretariat for their Acting Director. Conference. development are listed below: [FR Doc. 04–21761 Filed 9–28–04; 8:45 am] Participants with an expressed BILLING CODE 3510–13–P Category 1 interest in particular topics may obtain copies of the OIML Conference R16 ‘‘Non-invasive technical agenda, including copies of Sphygmomanometers. Part 1: DEPARTMENT OF COMMERCE the Recommendations to be ratified. Mechanical; Part 2: Automated’’ National Oceanic and Atmospheric Interested parties wishing to schedule (revision) (Austria); Administration an oral presentation at the pre- R48 ‘‘Tungsten ribbon lamps for conference meeting should provide a calibration of radiation [I.D. 051704A] written summary of comments to the thermometers.’’ (revision) (Russia); Small Takes of Marine Mammals NIST International Legal Metrology R49–2 and R49–3 ‘‘Water meters Incidental to Specified Activities; Group no later than 5 October 2004. intended for metering cold potable Marine Seismic Survey in the Gulf of Written comments from parties unable water. Part 2: Test methods. Part 3: Alaska, Northeastern Pacific Ocean to attend the pre-conference public Test report format.’’ (new meeting are welcome at any time. documents) (UK); AGENCY: National Marine Fisheries DATES: Pre-conference meeting at the R52 ‘‘Hexagonal weights, ordinary Service (NMFS), National Oceanic and National Institute of Standards and accuracy class from 100 g to 50 kg.’’ Atmospheric Administration (NOAA), Technology: Tuesday, 12 October 2004 (revision) (US); Commerce.

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ACTION: Notice of issuance of an Section 101(a)(5)(D) of the MMPA slope in turbidity currents) will be incidental harassment authorization. established an expedited process by documented using shipboard which citizens of the United States can geophysical sensing and SUMMARY: In accordance with provisions apply for an authorization to sedimentological proxies in recovered of the Marine Mammal Protection Act incidentally take small numbers of sediments and will be avoided during (MMPA) as amended, notification is marine mammals by harassment. Except coring. However, if some isolated hereby given that an Incidental for certain categories of activities not turbidites are present, this may present Harassment Authorization (IHA) to take pertinent here, the MMPA defines an opportunity to examine seismically small numbers of marine mammals, by ‘‘harassment’’ as: triggered events that provide useful harassment, incidental to conducting any act of pursuit, torment, or annoyance synchronous stratigraphic markers. oceanographic seismic surveys in the which (i) has the potential to injure a marine Gulf of Alaska (GOA) has been issued to mammal or marine mammal stock in the wild Description of the Activity Lamont-Doherty Earth Observatory (L- [Level A harassment]; or (ii) has the potential The proposed seismic survey will to disturb a marine mammal or marine involve one vessel, the R/V Maurice DEO). mammal stock in the wild by causing Ewing (Ewing). The Ewing will deploy a DATES: disruption of behavioral patterns, including, Effective from August 30, 2004 pair of low-energy Generator-Injector through August 29, 2005. but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering (GI) airguns as an energy source (each ADDRESSES: The application and [Level B harassment]. with a discharge volume of 105 in3). authorization are available by writing to Section 101(a)(5)(D) establishes a 45– The energy to the airguns will be Steve Leathery, Chief, Permits, day time limit for NMFS review of an compressed air supplied by compressors Conservation and Education Division, application followed by a 30–day public on board the source vessel. Seismic Office of Protected Resources, National notice and comment period on any pulses will be emitted at intervals of 6– Marine Fisheries Service, 1315 East- proposed authorizations for the 10 seconds. This spacing corresponds to West Highway, Silver Spring, MD incidental harassment of marine a shot interval of approximately 16–26 20910–3225, by telephoning the contact mammals. Within 45 days of the close m (52–85 ft). The Ewing will also tow listed here and are also available at: of the comment period, NMFS must a hydrophone streamer that is up to http://www.nmfs.noaa.gov/protlres/ either issue or deny issuance of the 1500 m (4922 ft) long. As the airguns are PR2/SmalllTake/ authorization. operated along the survey lines, the smalltakelinfo.htm#applications. hydrophone receiving system will Summary of Request receive and record the returning FOR FURTHER INFORMATION CONTACT: On April 19, 2004, NMFS received an Kenneth Hollingshead, Office of acoustic signals. In constrained fjord application from L-DEO for the taking, settings, only part of the streamer may Protected Resources, NMFS, (301) 713– by harassment, of several species of 2055, ext 128. be deployed, or a shorter streamer may marine mammals incidental to be used, to increase the maneuverability SUPPLEMENTARY INFORMATION: conducting a seismic survey program of the ship. Background during a four-week period within a The program will consist of general time window from late July to approximately 1779 km (960 nm) of Sections 101(a)(5)(A) and (D) of the October 2004. The purpose of the surveys, not including transits. Water MMPA (16 U.S.C. 1361 et seq.) direct seismic survey is to locate sedimentary depths within the seismic survey area the Secretary of Commerce to allow, records of environmental change in the are approximately 30 3000 m (98 9843 upon request, the incidental, but not GOA, including Holocene climate ft). There will be additional operations intentional, taking of marine mammals variability, anthropogenic warming and associated with airgun testing, start-up, by U.S. citizens who engage in a glacier melting of the past century, and line changes, and repeat coverage of any specified activity (other than dynamics of erosion and deposition areas where initial data quality is sub- commercial fishing) within a specified associated with glaciation. This research standard. geographical region if certain findings has important implications for The GOA research will consist of four are made and either regulations are understanding long-term variability of different stages of seismic surveys issued or, if the taking is limited to North Pacific ecosystems, with interspersed with coring operations in 4 harassment, a notice of a proposed relevance towards managing fisheries, general areas. The 4 different stages are authorization is provided to the public marine mammals and other species. outlined here in the order that they are for review. Geophysical site survey and safety currently planned to take place. Transit Permission may be granted if NMFS information will be used to optimally time between areas and between lines is finds that the taking will have a locate coring sites and to understand not included in the estimates of survey negligible impact on the species or regional sedimentation patterns. The time below, because the seismic source stock(s) and will not have an marine paleoclimatic record in this will not be operating during transits. unmitigable adverse impact on the region has received relatively little Stage 1–Prince of Wales Island. availability of the species or stock(s) for study because very few suitable During this stage, 4 short seismic subsistence uses and that the sediment cores have been taken. surveys will be completed in permissible methods of taking and Nevertheless, enough basic knowledge conjunction with 4 coring sites that will requirements pertaining to the of fjord sedimentation processes exists be sampled. Each of the 4 surveys, monitoring and reporting of such to support a strategy of targeting deep- including seismic lines and coring, will takings are set forth. NMFS has defined silled basins of fjords with adequate take 9–14 hr and cover 17.7- 45.3 nm ‘‘negligible impact’’ in 50 CFR 216.103 connections to the open ocean, as well (32.9–83.8 km), for a total of 229 km as ‘‘...an impact resulting from the as shelf and slope sediments in the open (124 nm). All lines will be conducted in specified activity that cannot be ocean. Fjord basins likely contain a rich water depths less than 100 m (328 ft). reasonably expected to, and is not array of biogenic and sedimentologic A total of 13 lines will be shot around reasonably likely to, adversely affect the evidence for regional climate change. the 4 coring stations. Stage 1 will take species or stock through effects on Regions of turbidite sedimentation (i.e., approximately 50 hr of survey time over annual rates of recruitment or survival.’’ coarse sediments transported down- approximately 3 days to complete.

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Stage 2–Baranof Island. During this number of ‘‘primary’’ sites will be authorization to L-DEO for this activity stage, five short seismic surveys will be dropped from the project. (see 69 FR 34996, June 23, 2004) and is completed in conjunction with 6 coring General-Injector Airguns not repeated here. Reviewers are sites that will be sampled. Each of the encouraged to read this earlier 5 surveys, including seismic lines and Two GI-airguns will be used from the document for additional information. coring, will take approximately 6–17 hr Ewing during the proposed program. These 2 GI-airguns have a zero to peak For the 2 GI-airguns, the sound and cover 4.1–54.5 nm (7.6–101.0 km), pressure field has been modeled by L- for a total of 109 km (59 nm) of which (peak) source output of 237 dB re 1 DEO in relation to distance and 25 km (13.5 nm) will be conducted in microPascal-m (7.2 bar-m) and a peak- direction from the airguns, and in waters less than 100 m (328 ft) deep and to-peak (pk-pk) level of 243 dB (14.0 relation to depth. Table 1 shows the 84 km (45 nm) will be in waters from bar-m). However, these downward- maximum distances from the airguns 100 to 1000 m (328–3281 ft) deep. Stage directed source levels do not represent 2 will take approximately 45 hr of actual sound levels that can be where sound levels of 190-, 180-, 170- survey time over approximately 4.5 days measured at any location in the water. and 160–dB re 1 microPa (rms) are to complete. Rather, they represent the level that predicted to be received. Empirical data Stage 3–Juneau (Southeast Alaska would be found 1 m (3.3 ft) from a concerning the 180, 170 and 160 dB Inland Waters). During Stage 3, 3 short hypothetical point source emitting the distances have been acquired based on seismic surveys will be completed in same total amount of sound as is measurements during an acoustic conjunction with four coring sites that emitted by the combined airguns in the verification study conducted by L-DEO will be sampled. Each survey, including array. The actual received level at any in the northern Gulf of Mexico from 27 seismic lines and coring, will take location in the water near the airguns May to 3 June 2003 (Tolstoy et al., approximately 8–21 hr and will cover will not exceed the source level of the 2004). Although the results are limited, 15.1–104.1 nm (27.7–192.9 km), for a strongest individual source. In this case, the data showed that radii around the total of 249 km (134 nm) conducted in that will be about 231 dB re 1 microPa- airguns where the received level would water 100 m (328 ft) to 1000 m (3281 ft) m peak, or 237 dB re 1 microPa-m pk- be 180 dB re 1 microPa (rms), NMFS’ deep. Stage 3 will take approximately 38 pk. Actual levels experienced by any current injury threshold safety criterion hr of survey time over 2.5 days to organism more than 1 m (3.3 ft) from applicable to cetaceans (NMFS, 2000), complete. either GI gun will be significantly lower. varies with water depth. Similar depth- Stage 4–Glacier Bay, Yakutat Bay, Icy Further, the root mean square (rms) related variation is likely in both the Bay, Prince William Sound, and GOA received levels that are used by 190–dB distances applicable to During Stage 4, 14 seismic surveys will biologists as impact criteria for marine pinnipeds and the 160–dB distance be conducted in conjunction with 16 mammals (see Richardson et al., 1995) where NMFS’ criteria consider Level B coring sites that will be sampled. are not directly comparable to these (behavioral harassment) to occur. The Surveys during Stage 4, including peak or pk-pk values that are normally proposed L-DEO study area will occur seismic lines and coring, will range in used by acousticians to characterize in water approximately 30 3000 m (98 length from 5.3 - 111.2 nm (9.8–205.9 source levels of airgun arrays. The 9843 ft). km), for a total of 1192 km (644 nm) of measurement units used to describe The empirical data indicate that, for which 382 km (206 nm) will be airgun sources, peak or pk-pk decibels, deep water (>1000 m (3281 ft)), the L- conducted in waters less than 100 m are always higher than the rms decibels DEO model tends to overestimate the (328 ft) deep, 453 km (245 nm) will be referred to in biological literature. For in waters from 100 to 1000 m (328 -3281 example, a measured received level of received sound levels at a given ft) deep and 357 km (187 nm) will be 160 decibels rms in the far field would distance (Tolstoy et al., 2004). However, in waters deeper than 1000 m (3281 ft). typically correspond to a peak to be precautionary pending acquisition Stage 4 will take approximately 72 hrs measurement of about 170 to 172 dB, of additional empirical data, safety radii of survey time over approximately 13 and to a pk-pk measurement of about during airgun operations in deep water days to complete. 176 to 178 decibels, as measured for the will be the values predicted by L DEO’s In the event that one or more of the same pulse received at the same model (see Table 1). The 180- and 190– planned sites are unavailable due to location (Greene, 1997; McCauley et al. dB radii were not measured for the 2 GI- poor weather conditions, ice conditions, 1998, 2000). The precise difference airguns operating in shallow water unsuitable geology (shallow sediments), between rms and peak or pk-pk values (<100 m (328 ft)). However, the or other reasons, contingency sites depends on the frequency, content, and measured 180 dB radius for the 6– (alternative seismic survey and coring duration of the pulse, among other airgun array operating in shallow water locations) will be substituted. factors. However, the rms level is was 6.8x that predicted by L-DEO’s Alternative research sites (see Fig. 6 in always lower than the peak or pk-pk model for operation of the 6–airgun the L-DEO application) will only be level for an airgun-type source. array in deep water. This conservative undertaken by L-DEO as replacements The depth at which the sources are correction factor is, therefore, applied to for the planned sites, and their use will towed has a major impact on the the model estimates to predict the radii not substantially change the total length maximum near-field output, because the for the 2 GI guns in shallow water. or duration of the proposed seismic energy output is constrained by ambient Empirical measurements were not surveys. Seismic survey lines have not pressure. The normal tow depth of the conducted for intermediate depths been selected or plotted by L-DEO for sources to be used in this project is 3 m (100–1000 m (328–3281 ft)). On the some contingency core sites. However, (9.8 ft), where the ambient pressure is 3 expectation that results will be L-DEO anticipates that each contingency decibars. This also limits output, as the intermediate between those from core site would require approximately 3 decibars of confining pressure cannot shallow and deep water, a 1.5x 40 km (22 nm) of seismic surveying to fully constrain the source output, with correction factor is applied to the locate optimal coring locations. It is the result that there is loss of energy at estimates provided by the model for highly unlikely that all contingency the sea surface. Additional discussion of deep water situations. This is the same sites will be used. To the extent that the characteristics of airgun pulses was factor that was applied to the model contingency sites are used, a similar provided in the notice of proposed estimates during L-DEO cruises in 2003.

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TABLE 1. ESTIMATED DISTANCES TO WHICH SOUND LEVELS ≥190, 180, 170 AND 160 DB RE 1 µPA (RMS) MIGHT BE RE- CEIVED FROM TWO 105 IN3 GI GUNS THAT WILL BE USED DURING THE SEISMIC SURVEY IN THE GOA DURING 2004. DISTANCE ESTIMATES ARE GIVEN FOR OPERATIONS IN DEEP, INTERMEDIATE, AND SHALLOW WATER. THE 180- AND 190-DB DISTANCES ARE THE SAFETY RADII TO BE USED DURING THE SURVEY.

Estimated Distances at Received Levels (m) Water depth 190 dB 180 dB 170 dB 160 dB

>1000 m ...... 17 54 175 510 100-1000 m ...... 26 81 263 765 <100 m ...... 250 400 750 1500

Bathymetric Sonar, Sub-bottom Profiler, microPa-m (rms) and a single 1–ms of pulses will be 1.0 kHz, 0.5 kHz, or and Pinger pulse or ‘‘ping’’ per second is 0.25 kHz, respectively. In addition to the 2 GI-airguns, a transmitted. An ODEC Bathy 2000P ‘‘chirp’’ sonar multibeam bathymetric sonar and a low- Bathymetric Sonar-EM1002 Portable may be used instead of the EDO sub- energy 3.5–kHz sub-bottom profiler will Sonar - The EM1002 is a compact high- bottom profiler. This sonar transmits a be used during the seismic profiling and resolution multibeam echo sounder that 50–ms pulse during which the continuously when underway. While on operates at a frequency of 92 to 98 kHz frequency is swept from 4 to 7 kHz. The station for coring, a 12–kHz pinger will in water depths from 10 to 800 m (33 transmission rate is variable from 1 to be used to monitor the depth of coring 2625 ft). The EM1002 will be used 10 seconds, and the maximum output devices relative to the sea floor. instead of the Atlas Hydrosweep in power is 2 kW. This sonar uses a Bathymetric Sonar-Atlas Hydrosweep- waters less than 800 m (2625 ft) deep. transducer array very similar to that The EM1002 will be pole mounted on The 15.5–kHz Atlas Hydrosweep sonar used by the 3.5 kHz sub-bottom profiler. is mounted on the hull of the Ewing, the Ewing, either over the side of the Although the sound levels have not and operates in three modes, depending vessel or through a well inside the ship. on the water depth. There is one The system operates with one of three been measured directly for the sub- shallow-water mode and two deep- different pulselengths: 0.2, 0.7 and 2 ms. bottom profilers used by the Ewing, water modes: an Omni mode (similar to Pulselength increases with increased Burgess and Lawson (2000) measured the shallow-water mode but with a water depth. Overall angular coverage of sounds propagating more or less source output of 220 dB (rms)) and a the transmitted beam is 3 degrees along horizontally from a sub-bottom profiler Rotational Directional Transmission the fore-aft axis and 150 degrees (7.4 similar to the EDO unit with similar (RDT) mode. The RDT mode is normally times the water depth) along the cross- source output (i.e., 205 dB re 1 microPa used during deep-water operation and track axis when operating in the m). For that profiler, the 160 and 180 dB has a 237–dB rms source output. In the shallowest mode. Maximum ping rate is re 1 microPa (rms) radii in the RDT mode, each ‘‘ping’’ consists of five 10/sec (in shallow water) with the ping horizontal direction were estimated to successive transmissions, each rate decreasing with increasing water be, respectively, near 20 m (66 ft) and ensonifying a beam that extends less depth. Maximum output using long 8 m (26 ft) from the source, as measured than 3 degrees fore-aft and pulses in 800 m (2624.7 ft) water depth in 13 m (43 ft) water depth. The approximately 30 degrees in the cross- is 226 dB re 1 microPa, although corresponding distances for an animal track direction. The five successive operations in shallower depths, in the beam below the transducer would transmissions (segments) sweep from including most of the work in these be greater, on the order of 180 m (591 port to starboard with minor overlap, surveys, will use significantly lower ft) and 18 m (59 ft) respectively, spanning an overall cross-track angular output levels. assuming spherical spreading. Thus the extent of about 140 degrees, with small Sub-bottom Profilers - The sub-bottom received level for the EDO sub-bottom (much less than 1 millisec) gaps profiler is normally operated to provide profiler would be expected to decrease between the pulses for successive 30– information about the sedimentary to 160 and 180 dB about 160 m (525 ft) degree segments. The total duration of features and the bottom topography that and 16 m (52 ft) below the transducer, the ‘‘ping’’ including all five successive is simultaneously being mapped by the respectively, assuming spherical segments, varies with water depth, but Hydrosweep. The energy from the EDO spreading. Corresponding distances in is 1 millisec in water depths less than Corporation’s (EDO) sub-bottom profiler the horizontal plane would be lower, 500 m (1640.5 ft) and 10 millisec in the is directed downward by a 3.5–kHz given the directionality of this source deepest water. For each segment, ping transducer mounted in the hull of the (300 beamwidth) and the measurements 1 2 duration is ⁄5 of these values or ⁄5 for Ewing. The output varies with water of Burgess and Lawson (2000). a receiver in the overlap area ensonified depth from 50 watts (W) in shallow by two beam segments. The ‘‘ping’’ water to 800 W in deep water. Pulse 12 kHz Pinger - A 12–kHz pinger will interval during RDT operations depends interval is 1 second (s) but a common be used only during coring operations, on water depth and varies from once per mode of operation is to broadcast five to monitor the depth of the coring second in less than 500 m (1640.5 ft) pulses at 1–s intervals followed by a 5– apparatus relative to the sea floor. The water depth to once per 15 seconds in s pause. The beamwidth is pinger is a battery-powered acoustic the deepest water. During the proposed approximately 30° and is directed beacon that is attached to a wire just project, the Atlas Hydrosweep is downward. Maximum source output above the corehead. The pinger planned to be used in waters greater level is 204 dB re 1 microPa (rms) (800 produces an omnidirectional 12 kHz than 800 m (2624.7 ft), but whenever W) and a nominal source output is 200 signal with a source output of 193 dB water depths are less than 400 m (1312 dB re 1 microPa (500 W). Pulse duration re 1 microPa-m. The pinger produces a ft) the source output is 210 dB re 1 will be 4, 2, or 1 ms, and the bandwith 2–ms pulse every second.

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Comments and Responses negligible impact on marine mammals. negligible impact are flawed, because A notice of receipt and request for 30– These documents provide detailed NMFS uses ‘‘North Pacific Ocean’’ to day public comment on the application analyses on the impacts on the affected define the geographical limits of the and proposed authorization was marine mammal species including when ‘‘regional’’ populations that form the published on June 23, 2004 (69 FR they are in the nearshore environment basis of its analyses instead of providing 34996). During the 30–day public and calculate conservative estimates for an analysis of impacts on stocks or more comment period, comments were sound source ranges due to sound localized populations that overlap with attenuation rates for the seismic source the project area. The CBD believes that received from the Center for Biological in shallow water. the appropriate geographic scale should Diversity (CBD). The LDEO application describes how be populations and stocks inhabiting the Marine Mammal Concerns seismic sounds can be received in the survey area and not the entire North Comment 1: The CBD believes NMFS ocean. This is important for estimating Pacific. impacts. Seismic sound received at any Response: NMFS agrees that impacts has not demonstrated that the LDEO given point will arrive via a direct path, should be assessed on the population or project will take only small numbers of indirect paths that include reflection stock unit whenever possible. L-DEO’s marine mammals. form the sea surface and bottom, and application (see especially Table 3) Response: NMFS believes that the often indirect paths including segments provides information on stock small numbers requirement has been through the bottom sediments. Sound abundance in Alaska (when available) satisfied. The U.S. District Court for the propagating via indirect paths travel and larger water bodies (such as the Northern District of California held in longer distances and often arrive later North Pacific Ocean). The data source NRDC v. Evans that NMFS’ regulatory than sounds arriving via a direct path. for each stock estimate is provided. definition of ‘‘small numbers’’ These variations in travel time have the NMFS believes that these data are the improperly conflates it with the effect of lengthening the duration of the best scientific information available for ‘‘negligible impact’’ definition. Even if received pulse, reducing the potential estimating impacts on marine mammal that is the case, in the proposed IHA for impacting marine mammals. species and stocks. However, notice and in this document, NMFS has As mentioned in the L-DEO information on marine mammal stock made a separate determination that the application, received levels of low- abundance may not always be takes of the affected marine mammal frequency underwater sounds diminish satisfactory. When information is species will be small. The species most close to the surface because of pressure- lacking to define a particular population likely to be harassed during the seismic release and interference phenomena that or stock of marine mammals then survey is the Dall’s porpoise, with a occur at and near the surface (Urick, impacts are assessed with respect to the ‘‘best estimate’’ of 3354 animals being 1983; Richardson et al., 1995). Paired species as a whole (54 FR 40338, exposed to sound levels of 160 dB or measurements of received airgun September 29, 1989). greater. Although it may be argued that sounds at depths of 3 m (9.8 ft) vs 9 m Comment 4: The CBD believes that the absolute number of Dall’s porpoise (29.5 ft) or 18 m (59 ft) have shown that the appropriate geographical scale is behavioral harassment numbers may not received levels are typically several particularly critical for species, such as be small, it is relatively small, decibels lower at 3 m (Greene and the Northern Resident, Gulf of Alaska representing less than 1 percent of the Richardson, 1988). This results in Transient, and the ‘‘depleted’’ AT1 regional population of that species. lowered SPLs at the surface than at stocks of the killer whale. NMFS does Moreover, this does not mean that 3354 depth, essentially providing protection not even mention the impacts of the Dall’s porpoises will be taken by Level for surface-inhabiting marine species. proposed authorization on these stocks B harassment. Dall’s porpoise have their However, when establishing 180–dB of killer whales in the proposed best hearing at high frequencies, not the and 190–dB safety zones, NMFS and L- authorization, rendering the analysis low frequencies used by seismic and DEO calculated safety zones by using wholly useless. The take of even one may not even hear seismic sounds. If in the greatest 180/190 dB SPL distance at killer whale from these stocks will have fact, some Dall’s porpoise cannot hear depth from the source. This results in more than a negligible impact on the the low-frequency seismic sounds, then higher (more conservative) estimates of stock and the species. no taking of this species will occur. take since most marine mammals, such Response: Information on the killer Finally, we note that during this project, as the dolphins, are expected to be in whale stocks was provided on pages 20 only the humpback whale stock exceeds the near-surface zone of the ocean most and 21 of the L-DEO application and in 1 percent of its stock being potentially of the time. NMFS’ proposed authorization (see 69 subject to Level B harassment with a During a 2003 study in the northern FR 34996 (June 23, 2004) especially best estimate of about 67 animals being Gulf of Mexico, LDEO obtained Table 2). It was not separated out for exposed to low-frequency noise. measurements of received sound levels additional discussion in NMFS’ notice Comment 2: The CBD believes that as a function of distance from LDEO’s since, as noted later, the killer whale is the proposed authorization and L-DEO airgun arrays. The calibration less likely to be impacted than most application neglect to provide sufficient measurements indicate that received other species and, therefore, did not analysis of the additional impacts to levels in shallow water (30 m) diminish warrant additional analysis. For marine mammals resulting from the less rapidly, as noted previously in this clarification in calculating killer whale project’s nearshore and inland location. document. This is what would be density, L-DEO used the survey data of Response: NMFS believes that the L- expected in inland waters and has been Waite (2003). This estimate is based on DEO application and the National taken into consideration when eight killer whale sightings during 2242 Science Foundation’s (NSF) establishing conservative safety zones to km (1210.6 nm) of survey effort. In Environmental Assessment (EA) provide protect marine mammals from injury. calculating density an allowance is the necessary information and analyses Further discussion on this subject will given for prorating some unidentified needed for NMFS to make a be presented in response to comment animals to killer whales based on the determination on whether or not the (RTC) 9 later in this document. ratio of identified animals of the same proposed incidental harassment takings Comment 3: The CBD believes that grouping, which includes small whales will be small and have no more than a NMFS’ analyses of small numbers and or any less precise grouping which

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includes small whales, such as analyzed under both the MMPA and the June 7, 2004) includes animals that can unidentified whale. The final density in National Environmental Policy Act be found in California at one time of the table of 0.0136/sq km has been (NEPA). year and perhaps British Columbia or adjusted upward from the raw density Response: L-DEO has used the best SE Alaska at another time, and the of 0.0125 based on only the 8 killer scientific information available number of different animals that are whale sightings. regarding killer whale stock structure found in Oregon waters over the year is Referencing Agliss and Lodge (2002), (and the stock structure for other many times the number that occur there L-DEO notes that the best scientific species). For killer whales and other at any one time. Thus, in most cases, information currently available species, NMFS and L-DEO used stock estimates of stock size for local indicates that the minimum population structure information provided in populations are minimum estimates size of killer whales in Alaskan waters Angliss and Lodge (2002) and other with no realistic estimate of the upper is 1069, which includes minimum documents referenced in the L-DEO bound of the population size. population (Pmin) estimates of 723 application and NSF EA. Since the CBD 2. For many species there is a great Eastern North Pacific (ENP) Resident has not provided additional information deal of year-to-year movement by and 346 ENP Transient killer whales. A that indicates this information is marine mammals to take advantage of Pmin estimate is considered to be invalid, NMFS must base its resources. Animals that normally conservative. On June 3, 2004 (69 FR determinations on this information. inhabit one area are not restricted to that 31321), NMFS published a final rule Comment 6: The CBD states that the area. When, for example, food is scarce designating the AT1 killer whale group proposed authorization notice neglects in an area animals will temporarily as a depleted stock under the MMPA. to explain how the population estimates move into other areas to take advantage This group currently has 9 or fewer provided in L-DEO’s application and of abundant food in those areas. whales and was part of the ENP NSF’s EA correspond to populations or Definitions of local stocks do not Transient stock prior to this designation. stocks or how L-DEO/NMFS use this consider this flexibility. Since there is insufficient information information for take estimates. For 3. Telemetry and photo-id studies to indicate which of these stocks, if any, example, the application and EA reveal that there is interchange between might be within the relatively small estimate the SE Alaskan population of what are considered to be discrete impact area at the same time the Ewing humpback whales to be 404 individuals. stocks. There are many examples of is conducting seismic, the proper However, the proposed authorization between-stock movements of humpback method is either to combine these states that 67 individuals will be and southern right whales. Most population stock estimates or divide the exposed to sound levels greater than 160 recently large numbers of right whales estimated incidents of harassment dB, which it concludes represents only seen off of southern Brazil appear to be between the current three stocks. Since 1.1 percent of the ‘‘regional immigrants from Peninsula Vades, this species is unlikely to be in the population.’’ However, 67 individuals Argentina (Groch et al., 2004), which vicinity of the Ewing at the time seismic represents 17 percent of the SE Alaskan until recently was thought to be a is operating (L-DEO, 2004), and is population, which is the proper separate stock. Local stocks are thus highly visible to observers, no killer geographic scope of the take analysis. overly conservative and a low estimate whales will be injured or killed (i.e., no Response: L-DEO clearly states that it of the populations that use an area. removals from the species or stock) as uses the ‘‘regional population While these estimates may be warranted a result of the Ewing’s seismic estimates’’ that are given in Table 3 of when considering limits on lethal takes, operations. Therefore, the only potential the EA and corresponding table of the in order to ensure that populations taking might be by Level B harassment. IHA application, not the ‘‘local continue to grow, they are overly As indicated in Table 2 in this population estimates’’ which CBD conservative when considering effects of document, L-DEO estimates that suggests are ‘‘the appropriate numbers behavioral disturbance, which are not approximately 42 killer whales might be to use’’. In some cases, L-DEO/NSF can expected to have any demographic within the 160–dB (rms) isopleth and, sum the estimates for specific stocks but consequences to the populations. therefore, presumed to be harassed. This in most cases there is no specific stock Therefore, in SE Alaska, NMFS and L- is 0.2 percent of the regional killer information for the survey area. In DEO believe there are no good ‘‘local’’ whale population. If subdivided situations where there is specific population estimates for any cetacean according to stock size, NMFS estimates information for the survey area there is species in SE Alaska, perhaps with the that about 28 ENP Resident, 13 ENP rarely information for all adjacent exception of harbor porpoises and Transient and significantly less than 1 survey areas. Including this point, there Pacific white-sided dolphins. The AT1 animal would be within the 160 dB are a several additional points that surveys that provided the density isopleth. Moreover, since the killer apply to most L-DEO projects. estimates (Waite, 2003) were conducted whale’s optimum hearing range is not in 1. The stocks (local populations) in the GOA (which is only partially the low frequency used by seismic considered by NMFS for management relevant to SE Alaska) and only a few sources, this number should not be purposes (involving lethal takes or surveys of harbor porpoises and Pacific interpreted as the number being ‘‘taken’’ removals from the population by white-sided dolphins have actually been by Level B harassment, only the number commercial fishing or other activities) conduced in SE Alaska. that might be exposed to that noise. often do not include all of the animals In regard to the humpback whale, Therefore, NMFS does not believe that that inhabit that area over the year, or although there are estimated to be the effect of any taking will be more even during the same season or year. greater than 6000 humpback whales in than negligible. Local stock estimates frequently include the North Pacific, only about 1200 are Comment 5: The CBD states, only the animals that are present at the accounted for by estimates of numbers furthermore, that while some 16 other time of a particular marine mammal in the feeding areas because all surveys pods inhabit or visit SE Alaskan waters survey and thus substantially of summering areas are incomplete. and Prince William Sound, they are not underestimate the number that use the Thus Straley et al.’s (1995) estimate of formally recognized as ‘‘stocks.’’ area over a longer time period. For the 404 humpbacks using SE Alaska Scientifically many of these pods example, the Oregon stock of Pacific waters is some unknown fraction of the warrant recognition as such and must be white-sided dolphins (see 69 FR 31792, total number there. Therefore, NMFS

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and L-DEO believe that, until more influence is used to determine received. In addition, at 95–kHz, the complete data are obtained, the North incidental take levels. sounds from the EM1002 bathymetric Pacific humpback whale estimate is the Also, estimates of incidental take by sonar would not even be audible to best data available for use here. harassment for times when the pinnipeds and baleen whales. Comment 7: The CBD states that multibeam sonar and/or sub-bottom Finally, the 12–kHz pinger has a weak surveys should be conducted prior to profiler are operated without airguns are signal compared to other acoustic authorizing the IHA for those species for not necessary because the 160–dB and sources (at 193 dB its signal is weaker which the Alaskan marine mammal 180–dB isopleths of the sub-bottom than even most off-the-shelf commercial populations are not known, asserting profiler and multibeam are either too (e.g., fish-finder) sonars used by that any analysis of small numbers and small or the acoustic beams are very recreational and commercial boaters) negligible impact cannot be conducted narrow, making the duration of the and will be used only when on-station independently of this more detailed exposure and the potential for taking for coring to monitor the depth of the information. marine mammals by harassment small apparatus relative to the sea floor. Response: NMFS disagrees. As noted to non-existent. As provided in the L- Therefore, the 12–kHz pinger is unlikely previously, when information is DEO application, the 160–dB and 180– to be used in conjunction with other unavailable on a local population size, dB radii in the horizontal direction for acoustic devices. Since the vessel is NMFS uses either stock or species the sub-bottom profiler are estimated to stationary at the time of coring, a marine information on abundance. Since NMFS be near 20 m (66 ft) and 8 m (26 ft), mammal would need to approach the uses the best information that is respectively. In the vertical direction, Ewing on its own and essentially swim available, estimating impacts on marine the 160–dB and 180–dB radii are 160 m under the vessel to be exposed to sound mammals in this manner is appropriate. (525 ft) and 16 m (52 ft) directly below levels greater than 160 dB. As a result, Therefore, additional surveys are the hull-mounted transducer. With the NMFS does not believe that incidental unnecessary. Ewing’s beam at 14.1 m (46.25 ft) little takings will occur from this acoustic noise is, therefore, likely to exist at the device. Comment 8: CBD states that there is water surface beyond the immediate insufficient disclosure of the Mitigation Concerns vicinity of the Ewing from this hull- compounded impact of the 2 GI-airgun mounted sonar. As a result, it is Comment 9: The CBD believes that array’s seismic output along with the unlikely that marine mammals would be NMFS’ discussion of measures to ensure other data acquisition systems, the affected by sub-bottom profiler signals the least practicable impact is lacking. bathymetric sonar, sub-bottom profiler whether operating alone or in For example, NMFS provides no and pinger. Despite the fact that the conjunction with other acoustic devices analysis of why larger safety radii were sonar and pinger will be operating since the animals would need to be not practicable or why additional continuously during the voyage, NMFS swimming immediately adjacent to the correction factors were not provided for assumes there will be no additional take vessel or directly under the vessel. This nearshore and inland water locations of from the sonar, profiler, and pinger is unlikely to occur during the Ewing the seismic activities and the possible individually or from all three sources cruise since the vessel is likely to be in enhanced impacts these locations could collectively. Therefore, NMFS must transit mode when not coring or towing produce. address instances when all sources may seismic, and will therefore be traveling Response: Safety zones were not be operating simultaneously and at about 10–11 knots (18.5–20.4 km/hr) established and are monitored closely to also provide a substantiated explanation at the time. ensure, to the greatest extent why it assumes there is no enhanced For the Hydrosweep there is minimal practicable, that no marine mammals impact of multiple acoustic sources horizontal propagation, as these signals would be injured by the proposed operating together. project downward and obliquely to the activity. While extending safety zones to Response: This information is side at angles up to approximately 70 reduce Level B behavioral harassment provided in detail in the L-DEO degrees from the vertical, but not would, in theory, result in reducing application and NSF EA. The horizontally. For the deep-water mode, ‘‘takes’’ further, monitoring larger safety multibeam sonars and sub-bottom under the Ewing these 160- and 180–dB zones results in lower effort directed to profilers have anticipated radii of zones are estimated to extend to 3200 m the area of greatest concern, the area for influence significantly less than that for (10500 ft) and 610 m (2000 ft), potential injury. This lower effort might the airgun array. NMFS has stated respectively. However, the beam width result in missed animals. For that previously that marine mammals close of the Hydrosweep signal is only 2.67 reason, NMFS has determined that enough to be affected by the multibeam degrees fore and aft of the moving safety zones should be established and sonar or sub-bottom profiler would vessel, meaning that a marine mammal monitoring at 180 dB for cetaceans and already be affected by the airguns when diving (not on the surface) could receive 190 dB (rms) for pinnipeds. they are both working. Since NMFS at most 1 to 2 signals from the Additional correction factors for considers all marine mammals to be Hydrosweep. Also, because NMFS treats calculating safety zones are necessary affected equally by underwater sound behavioral harassment or injury from based on attenuation due to water and does not determine which species pulsed sound as a function of total depth, not because of distance to shore are low-frequency hearing specialists energy received, the actual harassment (although in most cases the two are and therefore more affected by seismic or injury threshold for Hydrosweep related). Underwater seismic sounds are (a low-frequency source) and which signals (approximately 10 millisec in subject to spherical spreading to a species are mid- or high-frequency duration) would be at a much higher dB distance approximately 1.5 times water specialists and therefore more likely to level than that for longer duration depth. This is essentially what occurred be affected by the sonars, NMFS does pulses such as seismic or military sonar in the Gulf of Mexico seismic study (see not consider it is necessary to conduct signals. As a result, NMFS believes that RTC 2 in this document). These an analysis on the enhancement of marine mammals are unlikely to be additional correction factors were effects for animals that might be affected harassed or injured from the multibeam applied for L-DEO seismic activities by these sonars. In other words, the sonar or the Hydrosweep sonar due to taking place in water depths less than acoustic source with the largest zone of the short duration and only 1 to 2 pulses 1000 m (3281 ft) as described elsewhere

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in this document. However, NMFS has but leave two observers time to rest. In Ewing itself would be more effective in some concerns regarding propagation in addition, to the maximum extent locating marine mammals in and near very shallow water and has determined possible, NMFS is requiring seismic the Ewing’s track than would an aircraft. that for water depths less than 100 m work to be conducted during daytime An aircraft would be seriously (328 ft), L-DEO will establish a safety when in the fjords so night-time seismic constrained by altitude and a lack of zone at 170 dB as shown in Table 1. work will be very limited (essentially to ability to determine whether the Comment 10: The CBD states that those times when darkness arrives at the mammal had been affected by seismic or NMFS has not provided an acceptable end of a seismic leg). Therefore, due to was a natural stranding. That the justification for allowing L-DEO to the shortness of each seismic leg, for stranding is related to the activity abandon use of passive acoustic this research cruise observers will be requires verification and verification monitoring (PAM). They assert that available to conduct night-time can only be done in this area by a vessel despite any alleged limitations of PAM observations when working in offshore or a land-based team. Verification is on their voyage, it still constitutes a waters and crew members will only important because marine mammal meaningful mitigation measure that is assist the observers. stranding is a phenomenon that necessary to ensure least practicable Comment 12: The CBD states that precedes the introduction of impacts to marine mammals and this there is no discussion or consideration anthropogenic noises into the oceans must be required. of additional monitoring or mitigation and the vast majority of all strandings Response: It must be noted that the measures, such as aerial surveys during world-wide are unrelated to 180–dB safety radius for the 2–GI airgun operations to search for animals that anthropogenic noise. Considering the array is 54 m (177 ft) in deep water, 81 may be affected, as well as to search topography, inaccessibility of the m (266 ft) in intermediate-depth waters; nearby remote beaches for possible shoreline and the short-duration of each the 170–dB safety zone in shallow water stranded animals. Without requiring coring leg, a land-based team is not is 750 m (2461 ft). Because of the such additonal measures, or at a practical, leaving only the Ewing or its relatively small safety zones in minimum discussing why they are not boat for verification. This is the intermediate and deep water, locating practical, NMFS cannot lawfully issue alternative chosen by NMFS. vocalizing marine mammals to the requested authorization. determine presence within the safety Response: Prior to issuing an IHA, Endangered Species Act (ESA) Concerns zone is not possible. Also, while NMFS thoroughly investigates all Comment 13: The CBD states that L- detecting vocalizing marine mammals to measures that might be practical to DEO’s proposed project may affect 9 determine presence simply alerts reduce the incidental taking of marine species listed as endangered under the observers to their presence and does not mammals by an activity to the lowest ESA. As a result, consultation under initiate shutdown because the PAM level practicable. Some of these section 7 of the ESA must occur prior cannot determine distance to the mitigation measures were summarized to authorization of the project. NMFS vocalizing animal, at these short in RTC 11. Additional mitigation has not yet complied with its (ESA) distances and slow vessel speed, a measures are discussed later in this duties, and thus may not issue a small trained marine mammal observer should document (see Mitigation). Mitigation take authorization for the LDEO project. not have difficulty locating them measures, such as aerial overflights or Response: NMFS has completed visually without the PAM. Of the 1776 support vessels to look for marine consultation under section 7 of the ESA km (959 nm) of seismic lines for this mammals prior to an animal entering a for both NMFS and the U.S. Fish and survey, the major portion (1143 km (617 safety zone, are generally given Wildlife Service (FWS) species. The nm)) will be in intermediate or deep consideration if the safety zone cannot biological opinion resulting from that water where the safety zones are small. be adequately monitored from the consultation concluded that this action In shallow water, where the safety zone source vessel. Additional consideration is not likely to jeopardize the continued will be larger, the PAM has proven must be given, however, to aircraft/ existence of listed species or result in inefficient due to signal propagation vessel availability and access to nearby the destruction or adverse modification loss and reflection characteristics in airfields and aircraft flight duration. of critical habitat. shallow water. For these reasons, NMFS There are serious safety issues regarding is not requiring L-DEO to use the PAM aircraft flights over water that must be NEPA Concerns during the GOA research program. considered prior to requiring aerial Comment 14: The CBD believes that Comment 11: The CBD states that overflights. Additional consideration the EA is insufficient and that an NMFS’ analysis of mitigation measures must be given to the potential for Environmental Impact Statement(EIS) is to ensure least practicable impact is aircraft to also result in Level B required. The CBD states that NSF and flawed because the notice fails to harassment since a plane or helicopter NMFS have never prepared a require dedicated observers at night. would need to fly at low altitudes to be comprehensive EIS that fully analyzes Response: Unlike most seismic effective. Because the safety zones for the environmental impacts of its seismic surveys, the GOA work will involve this proposed activity are small and can surveys, either individually or about 29 separate surveys with each one be easily monitored from the Ewing, use collectively, as well as provide the followed by 9–14 hours of coring of aircraft for mitigation purposes is not public with the critical opportunity to operations and transit times to the next warranted. participate in the decision making coring/seismic station. These periods If aircraft are not necessary or feasible process as required by NEPA for actions will allow the observers onboard the to monitor a safety zone, then one needs of this magnitude. The CBD believes Ewing to rest and/or sleep. However, for to see if aircraft might be needed to that NMFS must prepare an EIS prior to this operation NMFS is also requiring monitor shorelines (presumably for approving this project. use of either the Ewing during its return strandings related to the activity). NMFS Response: NMFS disagrees. In its to the coring site or its small boat during has carefully weighed the suggestion of review of NSF’s EA for this action and coring (if safety concerns can be met) to aerial monitoring of beaches and previous L-DEO actions that were look for marine mammals on the vessel shorelines for standings and has analyzed under individual EAs, NMFS track. This will require one observer to determined that for this GOA survey, has determined that the proposed L- be available during the coring operation, using the Ewing’s small boat or the DEO actions are dispersed

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geographically (Bermuda, Norway, Mid- uncertain impacts associated with this incidental take authorizations in the Atlantic, Gulf of Mexico, Caribbean Sea, project for which NMFS has face of scientific uncertainty. While Eastern Pacific) and/or time-wise (Hess implemented precautionary mitigation some members of the public recommend Deep, 2003 and Blanco Fracture, 2004). measures, the major issue is in regard to NMFS deny almost all authorizations As a result, there are no cumulative the biological mechanism that is causing under section 101(a)(5) of the MMPA, effects because there are no removals some strandings related to sound to NMFS is charged to determine whether from any marine mammal population, occur. Also, it is recognized by many takings should be allowed based upon Level B harassment would only affect scientists that there are data gaps the best scientific information currently widely disbursed marine mammal because of the difficulty of obtaining available. When some portion of that populations and those affects would not data in a humane manner from many of information is unavailable, NMFS impact animals at the population level the species for which we do not have proceeds in a precautionary manner and, therefore, would be negligible. data. In those cases, surrogate species ensuring that such takings are small, Also, NMFS announced the availability are used and conservative measures negligible and at the lowest level of this NSF EA on June 23, 2004 (69 FR taken to ensure that injury or mortality practicable. 34996), as it does all NSF EAs. to these animals does not occur. This Finally, it should be understood that Comment 15: Prior to approving this current state of knowledge has been NMFS and other federal agencies have project, NMFS must prepare an EIS. An fully described in the NSF EA and no issued EAs in the past for seismic EIS is required if ‘‘substantial questions additional information or analyses activities, such as in Southern California are raised as to whether a project...may would be available for use in an EIS. (NMFS, 1997), the Beaufort Sea (NMFS, cause significant degradation of some Finally, NMFS would like to clarify that 1998, 1999) and the Gulf of Mexico human environmental factor.’’ (Idaho the melon-headed whale stranding near (Minerals Management Service, 2004). Sporting Congress v. Thomas, 137 F.3d Hanalei Bay was not caused by seismic All these documents used similar 1146, 1149–50 (9th Circ. 1998) citing survey work. criteria for determining impacts to Greenpeace Action v. Franklin, 14 F.3d Comment 17: The CBD states there is marine mammals from seismic sources. 1146, 1149–1150 (9th Cir. 1998). The significant controversy over the impacts Comment 18: The CBD states that L- CBD states that one need not show that of underwater seismic activity on the DEO, NSF, and numerous private significant effects will in fact occur; environment. For example, there are seismic vessels may have as yet rather, raising substantial questions extremely divergent views on how unanalyzed cumulatively significant whether a project may have a significant substantial a change in behavior or effects on the environment. Cumulative environmental effect is sufficient. In this activity is required before an animal impacts include the impact on the case, an EIS is required because should be deemed to be harassed or environment which results from the substantial questions have been raised impacted, what received sound levels incremental impact of the action when as to each of the factors found in 40 CFR can be considered ‘‘safe,’’ what added to other past, present, and 1508.27(b)), a few of which are mitigation measures are effective, and, reasonably foreseeable future significant discussed in greater detail (see RTCs in general, how to proceed in the face actions. While NSF identifies fishing, 16–20). of existing scientific uncertainty on shipping and vessel noise, hunting, and Response: NMFS believes that the these and other issues. marine tourism as cumulative effects on NSF EA provides an in-depth Response: These issues relate more to the environment, it only provides a discussion on aspects of the impacts of interpretation and application of the general description of each activity and seismic and sonar sounds on marine MMPA than to impacts on the human never analyzes their individual or life, particularly marine mammals and environment; in this case, principally combined impact on the marine sea turtles. For example, it discusses impacts on marine mammals. While environment. It also neglects to analyze and analyzes impacts on, and the organizations such as the National the cumulative impacts to individuals of relationship between, military sonar and Research Council recommend other repeated exposures from the proposed marine mammal strandings, in addition interpretations, as detailed in the L-DEO project. The CBD claims that the EA to the potential interaction between application and the NSF EA, turns the findings in Neighbors of marine mammals and seismic calculations for Level B harassment Cuddy Mountain v. U.S. Forest Service operations. In conclusion, and as shown used here are based upon conservative 137 F.3d 1372, 1379 (9th Circ. 1998) on in the RTCs that follow, NMFS has assumptions of distance from the source its head and concludes that ‘‘[i]mpacts determined that this project, as for impact and do not make a of the L-DEO’s proposed survey in SE described in the NSF EA, does not raise distinction as to whether the harassment Alaska and the GOA are expected to be substantial issues requiring an EIS. is biologically significant. Since the no more than a very minor (and short- Comment 16: The CBD states it cannot majority of the marine mammal species term) increment when viewed in light of be disputed that there are ‘‘uncertain likely to be impacted by this action are other human activities within the study impacts or unknown risks’’ associated pinnipeds or members of the area.’’ NMFS must conduct its own with this project and other similar Delphinidae family, which have their cumulative impacts analysis to remedy seismic surveys and geophysical best hearing at frequencies much greater this deficiency. activities undertaken by L-DEO and NSF than the predominant seismic Response: The NSF EA adequately and authorized by NMFS. There exist frequencies, establishing a Level B addresses the cumulative impacts of a large data gaps regarding the impacts of harassment at 160 dB is considered short-term, low-intensity seismic airgun acoustics on marine life. Given the conservative. Also, while there is survey in relation to long-term noise many stranding events that have been currently a debate as to what mitigation and taking events, such as shipping, linked to underwater acoustics, measures are effective, it should be fishing, and marine tourism. These including the melon-headed whale noted that in the L-DEO application, latter events are long-term activities stranding near Hanalei Bay, Hawaii, a estimates of take (mortality, injury, or over which neither NSF nor NMFS can more detailed analysis in the form of a harassment) are made without affect by NMFS’ decision on this action. full EIS is more than warranted. consideration that mitigation is Therefore, greater in-depth analyses of Response: While NMFS agrees that effective. There is also no significant these activities are not needed for the there are some unknown risks and controversy over whether or not to issue decision-making process here.

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In regard to the CBD comment on resources they (and other species) (FONSI) determination (see NEPA later repeated exposures, such an event is utilize. The main impact associated in this document). discussed in the NSF EA and in the L- with the seismic survey activity will be Comment 23: The CBD states that the DEO application. This information was temporarily elevated noise levels that EA is also grossly deficient in its summarized in Table 6 of the affect marine mammals and other discussion of potential impacts to fish application and in Table 2 in both the species as detailed in the EA. The EA species. While the EA briefly describes notice of proposed IHA and in this also addresses propagation of sounds in various fisheries in the area, it document. Comparing the number of inshore waters and accommodates the concludes without analysis that ‘‘It is exposures calculated versus the number complex nature of fjords by not expected that L-DEO’s operations of individuals that may be exposed incorporating conservative mitigation will have significant impact on indicates that few mammals would measures, such as an increased safety commercial fisheries in the GOA.’’ likely be taken by Level B harassment zone size, to ensure that marine Response: That is not totally correct. more than a single time. This is due to mammals are not injured. The EA states that ‘‘fish often react to the 23–29 different survey sites for this Comment 21: The CBD states that the sounds, especially strong and/or research, the short-time at each site and EA lacks the required environmental intermittent sounds of low frequency. the unlikely chance that a single Sound pulses at received levels of 160 baseline data and adequate analysis of µ mammal would be found in more than impacts and mitigation measures as dB re 1 Pa (peak) may cause subtle a single location during the month-long discussed previously. Mere conclusions changes in behavior. Pulses at levels of survey. does not satisfy NEPA (ref: Blue 180 dB (peak) may cause noticeable Comment 19: The CBD states that the Mountain Biodiversity Project v. changes in behavior (Chapman and proposed project and other activities in Blackwood 161 F.3d 1208, 1213 (9th Cir. Hawkins, 1969; Pearson et al., 1992; the area have the potential to impact 1998), cert denied, 527 U.S. 1003 Skalski et al., 1992).’’ NMFS believes species listed under the ESA, including (1999)). that significant changes in behavior would mean that these fish might be sperm, humpback, sei, fin, blue, and Response: NMFS disagrees. NMFS unavailable to line and gillnet fisheries North Pacific right whales, the Steller believes that the EA provides a level of (but not necessarily trawl fisheries) for sea lion, and the leatherback and green detail not usually found in many some period of time. The rms value for sea turtles. Therefore, it believes and Environmental Assessments. The EA a given airgun pulse is typically about EIS is required. provides a step-by-step analysis on how Response: Impacts on marine species 10 dB lower than the peak level, so this impacts were assessed, starting with listed under the ESA have been fish impact zone extends to (and citing) the best scientific addressed in NMFS’ Biological Opinion approximately the 170 dB (rms) isopleth information available on marine on the proposed action of conducting a around the vessel. As indicated in Table marine seismic survey in the GOA mammal and sea turtle distribution and 1, the 170–dB rms isopleth radius will under an authorization for the abundance and using those data to make range from 175 to 750 m (574 to 2461 harassment of marine mammals conservative estimates on levels of take ft), depending upon water depth. It also incidental to conducting that activity. by harassment and reasonable appears that fish often habituate to The finding of that biological opinion is assumptions on why no marine repeated strong sounds rather rapidly, that this action is not likely to mammals are likely to be injured or on time scales of minutes to an hour. jeopardize the continued existence of killed by this survey. A discussion on Since L-DEO notes in the EA that they listed species or result in the addressing the mitigation measures as will avoid areas of fishing activity, and destruction or adverse modification of alternatives to the proposed action is as fishing vessels will likely avoid critical habitat. No listed species are provided in the next response. seismic vessels simply because of the expected to be killed or seriously Comment 22: The CBD states that the potential to entangle fishing gear with injured, all impacts will be short-term EA does not evaluate a reasonable range seismic gear, NMFS is confident that the resulting in no more than minor of alternatives. The EA does not analyze EA has provided the level of behavioral harassment, and no critical any alternative that incorporated more information necessary to determine that habitat will be destroyed. The L-DEO mitigation or otherwise lessened the the Ewing survey in the GOA will not action does not rise to a level of impacts of the seismic operations on the have a significant effect on fish or significance requiring preparation of an marine environment. The EA only fisheries. EIS. analyzes the Proposed Action Comment 20: The CBD states that the alternative, the No Action alternative, Description of Habitat and Marine project is slated for a geographically and a generic Another Time alternative. Mammals Affected by the Activity unique and highly productive NSF and L-DEO’s unilateral decision to A detailed description of the GOA ecosystem containing critically commit resources to a particular (ship) area and its associated marine mammals important ecological resources, schedule cannot excuse them from full can be found in the L-DEO application including Steller sea lion rookeries and compliance with NEPA or be used to and a number of documents referenced haul-outs, critical stocks and restrict the alternatives analysis of the in the L-DEO application, and is not populations of species, as well as a EA. repeated here. A total of 18 cetacean complex system of de-glaciated fjords Response: NMFS has reviewed the species, 3 species of pinnipeds, and the that complicates estimating the range of alternatives addressed in NSF’s sea otter are known to or may occur in environmental impacts of acoustic EA and agrees that the alternatives can SE Alaska (Rice, 1998; Angliss and research. The presence of these and be expanded by providing additional Lodge, 2002). The marine mammals that other significance factors clearly triggers analysis of the mitigation measures that occur in the proposed survey area the need for an EIS. were considered for use during seismic belong to four taxonomic groups: Response: As noted in the EA and in surveys (but not necessarily practicable odontocetes (sperm whales* (Physeter the L-DEO application, the proposed for each and every survey). For reader macrocephalus), beaked whales seismic survey will not result in any convenience that discussion has been (Cuvier’s* (Ziphius cavirostris), Baird’s* permanent impact on habitats used by provided in this document and in (Berardius bairdii), and Stejneger’s marine mammals or to the food NMFS’ Finding of No Significant Impact (Mesoplodon stejnegeri)), beluga

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(Delphinapterus leucas), Pacific white- avoidance reactions such as vacating an sounds are expected to be limited, sided dolphin* (Lagenorhynchus area at least until the noise event ceases; although there are very few specific data obliquidens), Risso’s dolphin (Grampus (4) Upon repeated exposure, a marine on this. Seismic sounds are short pulses griseus), killer whale* (Orcinus orca), mammal may exhibit diminishing generally occurring for less than 1 sec short-finned pilot whale (Globicephala responsiveness (habituation), or every 20 or 60–90 sec during this macrorhynchus), harbor porpoise* disturbance effects may persist; the project. Sounds from the multibeam (Phocoena phocoena), and Dall’s latter is most likely with sounds that are sonar are very short pulses, occurring porpopise* (Phocoenoides dalli)), highly variable in characteristics, for 1–10 msec once every 1 to 15 sec, mysticetes (North Pacific right whales infrequent and unpredictable in depending on water depth. (During (Eubalaena japonica), gray whales occurrence, and associated with operations in deep water, the duration (Eschrichtius robustus), humpback situations that a marine mammal of each pulse from the multibeam sonar whales* (Megaptera novaeangliae), perceives as a threat; as received at any one location would minke whales* (Balaenoptera (5) Any anthropogenic noise that is actually be only 1⁄5 or at most 2⁄5 of 1– acutorostrata), sei whales (Balaenoptera strong enough to be heard has the 10 msec, given the segmented nature of borealis), fin whales* (Balaenoptera potential to reduce (mask) the ability of the pulses.) Some whales are known to physalus), and blue whales a marine mammal to hear natural continue calling in the presence of ((Balaenoptera musculus)), pinnipeds sounds at similar frequencies, including seismic pulses. Their calls can be heard (Steller sea lion (Eumetopias jubatus), calls from conspecifics, and underwater between the seismic pulses (Richardson harbor seal (Phoca vitulina) and environmental sounds such as surf et al., 1986; McDonald et al., 1995, northern fur seal (Callorhinus ursinus)). noise; Greene et al., 1999). Although there has Of the 18 cetacean species in the area, (6) If mammals remain in an area been one report that sperm whales cease several (designated by an *) are because it is important for feeding, calling when exposed to pulses from a commonly found in the activity area breeding or some other biologically very distant seismic ship (Bowles et al., and may be affected by the proposed important purpose even though there is 1994), a recent study reports that sperm acitivty. Of the three species of chronic exposure to noise, it is possible whales continued calling in the pinnipeds that could potentially occur that there could be noise-induced presence of seismic pulses (Madsen et in SE Alaska, only the Steller sea lion physiological stress; this might in turn al., 2002). Given the small source and harbor seal are likely to be present. have negative effects on the well-being planned for use during this survey, The northern fur seal inhabits the or reproduction of the animals involved; there is even less potential for masking Bering Sea during the summer and is and of sperm whale calls during the present generally found in SE Alaska in low (7) Very strong sounds have the study than in most seismic surveys. numbers during the winter, and during potential to cause temporary or Masking effects of seismic pulses are the northward migration in spring. Sea permanent reduction in hearing expected to be negligible in the case of otters generally inhabit coastal waters sensitivity. In terrestrial mammals, and the smaller odontocete cetaceans, given within the 40–m (131–ft) depth contour presumably marine mammals, received the intermittent nature of seismic pulses (Riedman and Estes, 1990) and may be sound levels must far exceed the and the relatively low source level of encountered in coastal areas of the animal’s hearing threshold for there to the airguns to be used in the GOA. Also, study area. More detailed information be any temporary threshold shift (TTS) the sounds important to small on these species is contained in the L- in its hearing ability. For transient odontocetes are predominantly at much DEO application and additional sounds, the sound level necessary to higher frequencies than are airgun information is contained in Angliss and cause TTS is inversely related to the sounds. Most of the energy in the sound Lodge, 2002 which are available at: duration of the sound. Received sound pulses emitted by airgun arrays is at low http://www.nmfs.noaa.gov/protlres/ levels must be even higher for there to frequencies, with strongest spectrum PR2/SmalllTake/ be risk of permanent hearing levels below 200 Hz and considerably smalltakelinfo.htm#applications, and impairment. In addition, intense lower spectrum levels above 1000 Hz. http://www.nmfs.noaa.gov/protlres/ acoustic or explosive events may cause These frequencies are mainly used by PR2/StocklAssessmentlProgram/ trauma to tissues associated with organs mysticetes, but not by odontocetes or sars.html, respectively. vital for hearing, sound production, respiration and other functions. This pinnipeds. An industrial sound source Potential Effects on Marine Mammals trauma may include minor to severe will reduce the effective communication hemorrhage. or echolocation distance only if its As outlined in several previous NMFS frequency is close to that of the cetacean documents, the effects of noise on Effects of Seismic Surveys on Marine signal. If little or no overlap occurs marine mammals are highly variable, Mammals between the industrial noise and the and can be categorized as follows (based The L-DEO application provides the frequencies used, as in the case of many on Richardson et al., 1995): following information on what is known marine mammals vs. airgun sounds, (1) The noise may be too weak to be about the effects on marine mammals of communication and echolocation are heard at the location of the animal (i.e., the types of seismic operations planned not expected to be disrupted. lower than the prevailing ambient noise by L-DEO. The types of effects Furthermore, the discontinuous nature level, the hearing threshold of the considered here are (1) masking, (2) of seismic pulses makes significant animal at relevant frequencies, or both); disturbance, and (3) potential hearing masking effects unlikely even for (2) The noise may be audible but not impairment and other physical effects. mysticetes. strong enough to elicit any overt Additional discussion on species A few cetaceans are known to behavioral response; specific effects can be found in the L- increase the source levels of their calls (3) The noise may elicit reactions of DEO application. in the presence of elevated sound levels, variable conspicuousness and variable or possibly to shift their peak relevance to the well being of the Masking frequencies in response to strong sound marine mammal; these can range from Masking effects of pulsed sounds on signals (Dahlheim, 1987; Au, 1993; temporary alert responses to active marine mammal calls and other natural Lesage et al., 1999; Terhune, 1999; as

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reviewed in Richardson et al., 1995). Hearing Impairment and Other Physical formation, resonance effects, and other These studies involved exposure to Effects types of organ or tissue damage. It is other types of anthropogenic sounds, Temporary or permanent hearing possible that some marine mammal not seismic pulses, and it is not known impairment is a possibility when marine species (i.e., beaked whales) may be whether these types of responses ever mammals are exposed to very strong especially susceptible to injury and/or occur upon exposure to seismic sounds. sounds, but there has been no specific stranding when exposed to strong If so, these adaptations, along with documentation of this for marine pulsed sounds. However, L-DEO and directional hearing, pre-adaptation to mammals exposed to airgun pulses. NMFS believe that it is especially tolerate some masking by natural Current NMFS policy precautionarily unlikely that any of these non-auditory effects would occur during the proposed sounds (Richardson et al., 1995) and the sets impulsive sounds equal to or survey given the small size of the sound relatively low-power acoustic sources greater than 180 and 190 dB re 1 sources, the brief duration of exposure being used in this survey, would all microPa (rms) as the exposure of any given mammal, and the planned reduce the importance of masking thresholds for onset of Level A mitigation and monitoring measures. marine mammal vocalizations. harassment for cetaceans and pinnipeds, The following paragraphs discuss the respectively (NMFS, 2000). Those possibility of TTS, permanent threshold Disturbance by Seismic Surveys criteria have been used in defining the shift (PTS), and non-auditory physical safety (shut-down) radii for seismic Disturbance includes a variety of effects. effects, including subtle changes in surveys. However, those criteria were behavior, more conspicuous dramatic established before there were any data Temporary Threshold Shift (TTS) changes in activities, and displacement. on the minimum received levels of TTS is the mildest form of hearing sounds necessary to cause auditory However, there are difficulties in impairment that can occur during impairment in marine mammals. As defining which marine mammals should exposure to a strong sound (Kryter, discussed in the L-DEO application and be counted as ‘‘taken by harassment’’. 1985). When an animal experiences summarized here, TTS, its hearing threshold rises and a For many species and situations, 1. The 180 dB criterion for cetaceans scientists do not have detailed sound must be stronger in order to be is probably quite precautionary, i.e., heard. TTS can last from minutes or information about their reactions to lower than necessary to avoid TTS let noise, including reactions to seismic hours to (in cases of strong TTS) days. alone permanent auditory injury, at Richardson et al. (1995) notes that the (and sonar) pulses. Behavioral reactions least for delphinids. magnitude of TTS depends on the level of marine mammals to sound are 2. The minimum sound level and duration of noise exposure, among difficult to predict. Reactions to sound, necessary to cause permanent hearing other considerations. For sound if any, depend on species, state of impairment is higher, by a variable and exposures at or somewhat above the maturity, experience, current activity, generally unknown amount, than the TTS threshold, hearing sensitivity reproductive state, time of day, and level that induces barely-detectable recovers rapidly after exposure to the many other factors. If a marine mammal TTS. noise ends. Little data on sound levels does react to an underwater sound by 3. The level associated with the onset and durations necessary to elicit mild changing its behavior or moving a small of TTS is often considered to be a level TTS have been obtained for marine distance, the impacts of the change may below which there is no danger of mammals. not rise to the level of a disruption of permanent damage. For toothed whales exposed to single a behavioral pattern. However, if a Given the small size of the GI airguns, short pulses, the TTS threshold appears sound source would displace marine along with the planned monitoring and to be, to a first approximation, a mammals from an important feeding or mitigation measures, there is little function of the energy content of the breeding area for a prolonged period, likelihood that any marine mammals pulse (Finneran et al., 2002). Given the such a disturbance would constitute will be exposed to sounds sufficiently available data, the received level of a Level B harassment. Given the many strong to cause even the mildest (and single seismic pulse might need to be on uncertainties in predicting the quantity reversible) form of hearing impairment. the order of 210 dB re 1 microPa rms and types of impacts of noise on marine Several aspects of the planned (approx. 221 226 dB pk pk) in order to mammals, scientists often resort to monitoring and mitigation measures for produce brief, mild TTS. Exposure to estimating how many mammals may be this project are designed to detect several seismic pulses at received levels present within a particular distance of marine mammals occurring near the 2 near 200 205 dB (rms) might result in industrial activities or exposed to a GI-airguns (and multibeam bathymetric slight TTS in a small odontocete, particular level of industrial sound. This sonar), and to avoid exposing them to assuming the TTS threshold is (to a first likely overestimates the numbers of sound pulses that might cause hearing approximation) a function of the total marine mammals that are affected in impairment. In addition, many received pulse energy (Finneran et al., some biologically meaningful manner. cetaceans are likely to show some 2002). Seismic pulses with received avoidance of the area with ongoing levels of 200 205 dB or more are usually The sound criteria used to estimate seismic operations. In these cases, the restricted to a zone of no more than 100 how many marine mammals might be avoidance responses of the animals m (328 ft) around a seismic vessel harassed behaviorally by the seismic themselves will reduce or avoid the operating a large array of airguns. Such survey are based on behavioral possibility of hearing impairment. sound levels would be limited to observations during studies of several Non-auditory physical effects may distances within a few meters of the species. However, information is lacking also occur in marine mammals exposed small airgun source to be used during for many species. More detailed to strong underwater pulsed sound. this project. information on potential disturbance Possible types of non-auditory There are no data, direct or indirect, effects on baleen whales, toothed physiological effects or injuries that on levels or properties of sound that are whales, and pinnipeds can be found on theoretically might occur in mammals required to induce TTS in any baleen pages 36–38 and Appendix A in L- close to a strong sound source include whale. However, TTS is not expected to DEO’s application. stress, neurological effects, bubble occur during this survey given the small

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size of the source, and the strong for pinnipeds has been set at 190 dB. TTS threshold, can cause PTS, at least likelihood that baleen whales would The predicted 180- and 190–dB in terrestrial mammals (Kryter, 1985). avoid the approaching airguns (or received-level distances for the airgun Relationships between TTS and PTS vessel) before being exposed to levels arrays operated by L-DEO during this thresholds have not been studied in high enough for there to be any activity are summarized elsewhere in marine mammals but are assumed to be possibility of TTS. this document. These sound levels are similar to those in humans and other TTS thresholds for pinnipeds exposed not considered to be the levels at or terrestrial mammals. The low-to- to brief pulses (single or multiple) have above which TTS might occur. Rather, moderate levels of TTS that have been not been measured, although exposures they are the received levels above induced in captive odontocetes and up to 183 db re 1 microPa (rms) have which, in the view of a panel of pinnipeds during recent controlled been shown to be insufficient to induce bioacoustics specialists convened by studies of TTS have been confirmed to TTS in California sea lions (Finneran et NMFS (at a time before TTS be temporary, with no measurable al., 2003). However, prolonged measurements for marine mammals residual PTS (Kastak et al., 1999; exposures show that some pinnipeds started to become available), one could Schlundt et al., 2000; Finneran et al., may incur TTS at somewhat lower not be certain that there would be no 2002; Nachtigall et al., 2003). In received levels than do small injurious effects, auditory or otherwise, terrestrial mammals, the received sound odontocetes exposed for similar to marine mammals. As noted here, TTS level from a single non-impulsive sound durations (Kastak et al., 1999; Ketten et data that are now available imply that, exposure must be far above the TTS al., 2001; Au et al., 2000). at least for dolphins, TTS is unlikely to threshold for any risk of permanent A marine mammal within a zone of occur unless the dolphins are exposed hearing damage (Kryter, 1994; ≤100 m (≤ 328 ft) around a typical large to airgun pulses substantially stronger Richardson et al., 1995). For impulse array of operating airguns might be that 180 dB re 1 microPa (rms). sounds with very rapid rise times (e.g., exposed to a few seismic pulses with It has also been shown that most those associated with explosions or levels of ≥205 dB, and possibly more whales tend to avoid ships and gunfire), a received level not greatly in pulses if the mammal moved with the associated seismic operations. Thus, excess of the TTS threshold may start to seismic vessel. Also, around smaller whales will likely not be exposed to elicit PTS. Rise times for airgun pulses arrays, such as the 2 GI-airgun proposed such high levels of airgun sounds. are rapid, but less rapid than for for use during this survey, a marine Because of the slow ship speed, any explosions. mammal would need to be even closer whales close to the trackline could Some factors that contribute to onset to the source to be exposed to levels move away before the sounds become of PTS are as follows: (1) exposure to ≥205 dB, at least in waters greater than sufficiently strong for there to be any single very intense noises, (2) repetitive 100 m (328 ft) deep. However, as noted potential for hearing impairment. exposure to intense sounds that previously, most cetacean species tend Therefore, there is little potential for individually cause TTS but not PTS, to avoid operating airguns, although not whales being close enough to an array and (3) recurrent ear infections or (in all individuals do so. In addition, to experience TTS. In addition, as captive animals) exposure to certain ramping up airgun arrays, which is mentioned previously, ramping up the 2 drugs. standard operational protocol for L-DEO GI-airgun array, which has become Cavanagh (2000) has reviewed the and other seismic operators, should standard operational protocol for many thresholds used to define TTS and PTS. allow cetaceans to move away from the seismic operators including L-DEO, Based on his review and SACLANT seismic source and avoid being exposed should allow cetaceans to move away (1998), it is reasonable to assume that to the full acoustic output of the airgun from the seismic source and to avoid PTS might occur at a received sound array. It is unlikely that these cetaceans being exposed to the full acoustic level 20 dB or more above that which would be exposed to airgun pulses at a output of the GI airguns. induces mild TTS. However, for PTS to sufficiently high level for a sufficiently occur at a received level only 20 dB long period to cause more than mild Permanent Threshold Shift (PTS) above the TTS threshold, it is probable TTS, given the relative movement of the When PTS occurs, there is physical that the animal would have to be vessel and the marine mammal. damage to the sound receptors in the exposed to the strong sound for an However, TTS would be more likely in ear. In some cases, there can be total or extended period. any odontocetes that bow-ride or partial deafness, while in other cases, Sound impulse duration, peak otherwise linger near the airguns. the animal has an impaired ability to amplitude, rise time, and number of Odontocetes would be at or above the hear sounds in specific frequency pulses are the main factors thought to surface while bow-riding, and thus not ranges. Physical damage to a mammal’s determine the onset and extent of PTS. exposed to strong sound pulses given hearing apparatus can occur if it is Based on existing data, Ketten (1994) the pressure-release effect at the surface. exposed to sound impulses that have has noted that the criteria for However, bow-riding animals generally very high peak pressures, especially if differentiating the sound pressure levels dive below the surface intermittently. If they have very short rise times (time that result in PTS (or TTS) are location they did so while bow-riding near required for sound pulse to reach peak and species-specific. PTS effects may airguns, they would be exposed to pressure from the baseline pressure). also be influenced strongly by the health strong sound pulses, possibly Such damage can result in a permanent of the receiver’s ear. repeatedly. If some cetaceans did incur decrease in functional sensitivity of the Given that marine mammals are TTS through exposure to airgun sounds, hearing system at some or all unlikely to be exposed to received levels this would very likely be a temporary frequencies. of seismic pulses that could cause TTS, and reversible phenomenon. Single or occasional occurrences of it is highly unlikely that they would NMFS currently believes that, mild TTS are not indicative of sustain permanent hearing impairment. whenever possible to avoid Level A permanent auditory damage in If we assume that the TTS threshold for harassment, cetaceans should not be terrestrial mammals. However, very exposure to a series of seismic pulses exposed to pulsed underwater noise at prolonged exposure to sound strong may be on the order of 220 dB re 1 received levels exceeding 180 dB re 1 enough to elicit TTS, or shorter-term microPa (pk-pk) in odontocetes, then microPa (rms). The corresponding limit exposure to sound levels well above the the PTS threshold might be about 240

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dB re 1 microPa (pk-pk). In the units and near the auditory region of some time (though the center frequency may used by geophysicists, this is 10 bar-m. beaked whales. These hemorrhages change over time). Because seismic and Such levels are found only in the occurred before death. They would not sonar sounds have considerably immediate vicinity of the largest airguns necessarily have caused death or different characteristics and duty cycles, (Richardson et al., 1995; Caldwell and permanent hearing damage, but could it is not appropriate to assume that there Dragoset, 2000). However, it is very have compromised hearing and is a direct connection between the unlikely that an odontocete would navigational ability (NOAA and USN, effects of military sonar and seismic remain within a few meters of a large 2001). The researchers concluded that surveys on marine mammals. However, airgun for sufficiently long to incur PTS. acoustic exposure caused this damage evidence that sonar pulses can in The TTS (and thus PTS) thresholds of and triggered stranding, which resulted special circumstances lead to hearing baleen whales and pinnipeds may be in overheating, cardiovascular collapse, damage and, indirectly, to mortality lower, and thus may extend to a and physiological shock that ultimately suggests that caution is warranted when somewhat greater distance. However, led to the death of the stranded beaked dealing with exposure of marine baleen whales generally avoid the whales. During the event, five naval mammals to any high-intensity pulsed immediate area around operating vessels used their AN/SQS–53C or -56 sound. seismic vessels, so it is unlikely that a hull-mounted active sonars for a period In addition to the sonar-related baleen whale could incur PTS from of 16 hours. The sonars produced strandings, there was a September, 2002 exposure to airgun pulses. Some narrow (<100 Hz) bandwidth signals at stranding of two Cuvier’s beaked whales pinnipeds do not show strong avoidance center frequencies of 2.6 and 3.3 kHz (- in the Gulf of California (Mexico) when of operating airguns. In summary, it is 53C), and 6.8 to 8.2 kHz (-56). The a seismic survey by the Ewing was highly unlikely that marine mammals respective source levels were usually underway in the general area (Malakoff, could receive sounds strong enough 235 and 223 dB re 1 µ Pa, but the -53C 2002). The airgun array in use during (and over a sufficient period of time) to briefly operated at an unstated but that project was the Ewing’s 20–gun cause permanent hearing impairment substantially higher source level. The 8490–in3 array. This might be a first during this project. In the proposed unusual bathymetry and constricted indication that seismic surveys can have project, marine mammals are unlikely to channel where the strandings occurred effects, at least on beaked whales, be exposed to received levels of seismic were conducive to channeling sound. similar to the suspected effects of naval pulses strong enough to cause TTS and This, and the extended operations by sonars. However, the evidence linking because of the higher level of sound multiple sonars, apparently prevented the Gulf of California strandings to the necessary to cause PTS, it is even less escape of the animals to the open sea. seismic surveys is inconclusive, and to likely that PTS could occur. This is due In addition to the strandings, there are date is not based on any physical to the fact that even sound levels reports that beaked whales were no evidence (Hogarth, 2002; Yoder, 2002). immediately adjacent to the 2 GI-airguns longer present in the Providence The ship was also operating its multi- may not be sufficient to induce PTS Channel region after the event, beam bathymetric sonar at the same because the mammal would not be suggesting that other beaked whales time but this sonar had much less exposed to more than one strong pulse either abandoned the area or perhaps potential than these naval sonars to unless it swam alongside an airgun for died at sea (Balcomb and Claridge, affect beaked whales. Although the link a period of time. 2001). between the Gulf of California Other strandings of beaked whales strandings and the seismic (plus multi- Strandings and Mortality associated with operation of military beam sonar) survey is inconclusive, this Marine mammals close to underwater sonars have also been reported (e.g., event plus the various incidents detonations of high explosives can be Simmonds and Lopez-Jurado, 1991; involving beaked whale strandings killed or severely injured, and the Frantzis, 1998). In these cases, it was associated with naval exercises suggests auditory organs are especially not determined whether there were a need for caution in conducting seismic susceptible to injury (Ketten et al., 1993; noise-induced injuries to the ears or surveys in areas occupied by beaked Ketten, 1995). Airgun pulses are less other organs. Another stranding of whales. energetic and have slower rise times beaked whales (15 whales) happened on Non-auditory Physiological Effects than underwater detonations. While 24–25 September 2002 in the Canary there is no documented evidence that Islands, where naval maneuvers were Possible types of non-auditory airgun arrays can cause serious injury, taking place in the area. Jepson et al. physiological effects or injuries that death, or stranding, the association of (2003) concluded that cetaceans might might theoretically occur in marine mass strandings of beaked whales with be subject to decompression injury in mammals exposed to strong underwater naval exercises and, recently, an L-DEO some situations. If so, this might occur sound might include stress, neurological seismic survey have raised the if the mammals ascend unusually effects, bubble formation, resonance possibility that beaked whales may be quickly when exposed to aversive effects, and other types of organ or especially susceptible to injury and/or sounds. Previously, it was widely tissue damage. There is no evidence that stranding when exposed to strong assumed that diving marine mammals any of these effects occur in marine pulsed sounds. are not subject to decompression injury mammals exposed to sound from airgun In March 2000, several beaked whales (the bends or air embolism). arrays. However, there have been no that had been exposed to repeated It is important to note that seismic direct studies of the potential for airgun pulses from high intensity, mid- pulses and mid-frequency sonar pulses pulses to elicit any of these effects. If frequency military sonars stranded and are quite different. Sounds produced by any such effects do occur, they would died in the Providence Channels of the the types of airgun arrays used to profile probably be limited to unusual Bahamas Islands, and were sub-sea geological structures are situations when animals might be subsequently found to have incurred broadband with most of the energy exposed at close range for unusually cranial and ear damage (NOAA and below 1 kHz. Typical military mid- long periods. USN, 2001). Based on post-mortem frequency sonars operate at frequencies Long-term exposure to anthropogenic analyses, it was concluded that an of 2 to 10 kHz, generally with a noise may have the potential to cause acoustic event caused hemorrhages in relatively narrow bandwidth at any one physiological stress that could affect the

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health of individual animals or their However, the available data do not multibeam sonar signals or the sub- reproductive potential, which could allow for meaningful quantitative bottom profiler given the low duty cycle theoretically cause effects at the predictions of the numbers (if any) of and directionality of the sonars and the population level (Gisner (ed.), 1999). marine mammals that might be affected brief period when an individual However, there is essentially no in these ways. Marine mammals that mammal is likely to be within its beam. information about the occurrence of show behavioral avoidance of seismic Furthermore, in the case of baleen noise-induced stress in marine vessels, including most baleen whales, whales, the sonar signals from the mammals. Also, it is doubtful that any some odontocetes, and some pinnipeds, Hydrosweep sonar do not overlap with single marine mammal would be are unlikely to incur auditory the predominant frequencies in the exposed to strong seismic sounds for impairment or other physical effects. calls, which would avoid significant sufficiently long that significant masking. The 95–kHz pulses from the Possible Effects of Mid-frequency Sonar physiological stress would develop. EM1002 sonar will be inaudible to Signals This is particularly so in the case of baleen whales and pinnipeds. broad-scale seismic surveys where the A multi-beam bathymetric sonar For the sub-bottom profiler and 12– tracklines are generally not as closely (Atlas Hydrosweep DS–2 (15.5–kHz) or kHz pinger, marine mammal spaced as in many oil and gas industry Simrad EM1002 (95 kHz)) and a sub- communications will not be masked seismic surveys. bottom profiler will be operated from appreciably because of their relatively Gas-filled structures in marine the source vessel essentially low power output, low duty cycle, animals have an inherent fundamental continuously during the planned directionality (for the profiler), and the resonance frequency. If stimulated at survey. Details about these sonars were brief period when an individual this frequency, the ensuing resonance provided previously in this document. mammal may be within the sonar’s could cause damage to the animal. Navy sonars that have been linked to beam. In the case of most odonotocetes, There may also be a possibility that high avoidance reactions and stranding of the sonar signals from the profiler do sound levels could cause bubble cetaceans generally (1) are more not overlap with the predominant formation in the blood of diving powerful than the Atlas Hydrosweep or frequencies of their calls. In the case of mammals that in turn could cause an air EM1002 sonars, (2) have a longer pulse mysticetes, the pulses from the pinger embolism, tissue separation, and high, duration, and (3) are directed close to do not overlap with their predominant localized pressure in nervous tissue horizontally (vs. downward for the Atlas frequencies. (Gisner (ed), 1999; Houser et al., 2001). Hydrosweep and EM1002). The area of Behavioral Responses Resulting from In 2002, NMFS held a workshop (Gentry possible influence for the Ewing’s sonars Mid-Frequency Sonar Signals (ed.) 2002) to discuss whether the is much smaller - a narrow band below stranding of beaked whales in the the source vessel. For the Hydrosweep Behavioral reactions of free-ranging Bahamas in 2000 might have been there is no horizontal propagation as marine mammals to military and other related to air cavity resonance or bubble these signals project at an angle of sonars appear to vary by species and formation in tissues caused by exposure approximately 45 degrees from the ship. circumstance. Observed reactions have to noise from naval sonar. A panel of For the deep-water mode, under the included silencing and dispersal by experts concluded that resonance in air- ship the 160- and 180–dB zones are sperm whales (Watkins et al., 1985), filled structures was not likely to have estimated to be 3200 m (10500 ft) and increased vocalizations and no dispersal caused this stranding. Among other 610 m (2000 ft), respectively. However, by pilot whales (Rendell and Gordon, reasons, the air spaces in marine the beam width of the Hydrosweep 1999), and the previously-mentioned mammals are too large to be susceptible signal is only 2.67 degrees fore and aft beachings by beaked whales. Also, Navy to resonant frequencies emitted by mid- of the vessel, meaning that a marine personnel have described observations or low-frequency sonar; lung tissue mammal diving could receive at most 1– of dolphins bow-riding adjacent to bow- damage has not been observed in any 2 signals from the Hydrosweep and a mounted mid-frequency sonars during mass, multi-species stranding of beaked marine mammal on the surface would sonar transmissions. However, all of whales; and the duration of sonar pings be unaffected. Marine mammals that do these observations are of limited is likely too short to induce vibrations encounter the bathymetric sonars at relevance to the present situation. Pulse that could damage tissues (Gentry (ed.), close range are unlikely to be subjected durations from these sonars were much 2002). Opinions were less conclusive to repeated pulses because of the narrow longer than those of the L-DEO about the possible role of gas (nitrogen) fore-aft width of the beam, and will multibeam sonar, and a given mammal bubble formation/growth in the receive only limited amounts of pulse would have received many pulses from Bahamas stranding of beaked whales. energy because of the short pulses and the naval sonars. During L-DEO’s Workshop participants did not rule out vessel speed. Therefore, as harassment operations, the individual pulses will be the possibility that bubble formation/ or injury from pulsed sound is a very short, and a given mammal would growth played a role in the stranding function of total energy received, the not receive many of the downward- and participants acknowledged that actual harassment or injury threshold directed pulses as the vessel passes by. more research is needed in this area. for the bathymetric sonar signals Captive bottlenose dolphins and a The only available information on (approximately 10 ms) would be at a white whale exhibited changes in acoustically-mediated bubble growth in much higher dB level than that for behavior when exposed to 1–sec pulsed marine mammals is modeling that longer duration pulses such as seismic sounds at frequencies similar to those assumes prolonged exposure to sound. signals. As a result, NMFS believes that that will be emitted by the multi-beam In summary, little is known about the marine mammals are unlikely to be sonar used by L-DEO and to shorter potential for seismic survey sounds to harassed or injured from the multibeam broadband pulsed signals. Behavioral cause either auditory impairment or sonar. changes typically involved what other non-auditory physical effects in appeared to be deliberate attempts to marine mammals. Available data Masking by Mid-frequency Sonar avoid the sound exposure (Schlundt et suggest that such effects, if they occur Signals al., 2000; Finneran et al., 2002). The at all, would be limited to short Marine mammal communications will relevance of these data to free-ranging distances from the sound source. not be masked appreciably by the odontocetes is uncertain and in any case

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the test sounds were quite different from Source levels of the sub-bottom respectively, 180 and 190 re 1 microPa a bathymetric sonar in either duration or profiler are much lower than those of rms. The rms level of a seismic pulse is bandwidth. the airguns and the multi-beam sonar. typically about 10 dB less than its peak L-DEO and NMFS are not aware of Sound levels from a sub-bottom profiler level and about 16 dB less than its pk- any data on the reactions of pinnipeds similar to the one on the Ewing were pk level (Greene, 1997; McCauley et al., to sonar sounds at frequencies similar to estimated to decrease to 180 dB re 1 1998; 2000a). The criterion for Level B those of the 15.5 kHz frequency of the microPa (rms) at 8 m (26 ft) horizontally harassment onset is 160 dB. Ewing’s multibeam sonar. Based on from the source (Burgess and Lawson, Given the required mitigation (see observed pinniped responses to other 2000), and at approximately 18 m Mitigation later in this document), all types of pulsed sounds, and the likely downward from the source. anticipated takes involve a temporary brevity of exposure to the bathymetric Furthermore, received levels of pulsed change in behavior that may constitute sonar sounds, pinniped reactions are sounds that are necessary to cause Level B harassment. The required expected to be limited to startle or temporary or especially permanent otherwise brief responses of no lasting hearing impairment in marine mammals mitigation measures will minimize or consequences to the individual animals. appear to be higher than 180 dB (see eliminate the possibility of Level A As mentioned, the 95–kHz sounds from earlier discussion). Thus, it is unlikely harassment or mortality. L-DEO has the EM1002 will be inaudible to that the sub-bottom profiler produces calculated the ‘‘best estimates’’ for the pinnipeds and to baleen whales, so it pulse levels strong enough to cause numbers of animals that could be taken will have no disturbance effects on hearing impairment or other physical by Level B harassment during the those groups of mammals. The pulsed injuries even in an animal that is proposed GOA seismic survey using signals from the sub-bottom profiler and (briefly) in a position near the source. data on marine mammal density and pinger are much weaker than those from The sub-bottom profiler is usually abundance from marine mammal the airgun array and the multibeam operated simultaneously with other surveys in the region, and estimates of sonar. Therefore, significant behavioral higher-power acoustic sources. Many the size of the affected area, as shown responses are not expected. marine mammals will move away in in the predicted RMS radii table (see response to the approaching higher- Table 1). Hearing Impairment and Other power sources or the vessel itself before Physical Effects from Mid-Frequency These estimates are based on a the mammals would be close enough for Sonar Signals consideration of the number of marine there to be any possibility of effects mammals that might be exposed to Given recent stranding events that from the less intense sounds from the sound levels greater than 160 dB, the have been associated with the operation sub-bottom profiler. In the case of criterion for the onset of Level B of naval sonar, there is much concern mammals that do not avoid the harassment, by operations with the 2 GI- that sonar noise can cause serious approaching vessel and its various gun array planned to be used for this impacts to marine mammals (for sound sources, mitigation measures that project. The anticipated zone of discussion see Effects of Seismic would be applied to minimize effects of influence of the multi-beam sonar is less Surveys). However, the multi-beam the higher-power sources would further than that for the airguns, so it is sonars proposed for use by L-DEO are reduce or eliminate any minor effects of assumed that any marine mammals quite different than sonars used for navy the sub-bottom profiler. close enough to be affected by the multi- operations. Pulse duration of the The 12–kHz pinger is unlikely to beam sonar would already be affected bathymetric sonars is very short relative cause hearing impairment or physical by the airguns. Therefore, no additional to the naval sonars. Also, at any given injuries even in an animal that is in a incidental takings are included for location, an individual marine mammal position near the source because is does animals that might be affected by the would be in the beam of the multi-beam not produce strong pulse levels. sonar for a very limited time given the multi-beam sonar. generally downward orientation of the Estimates of Take by Harassment for Table 2 explains the corrected density beam and its narrow fore-aft beam- the GOA Seismic Survey estimates as well as the best estimate of width. (Navy sonars often use near- Although information contained in the numbers of each species that would horizontally-directed sound.) These this document indicates that injury to be exposed to seismic sounds greater factors would all reduce the sound marine mammals from seismic sounds than 160 dB. A detailed description on energy received from the multi-beam potentially occurs at sound pressure the methodology used by L-DEO to sonar rather drastically relative to that levels significantly higher than 180 and arrive at the estimates of Level B from the sonars used by the Navy. 190 dB, NMFS’ current criteria for onset harassment takes that are provided in Therefore, hearing impairment by multi- of Level A harassment of cetaceans and Table 2 can be found in L-DEO’s IHA beam bathymetric sonar is unlikely. pinnipeds from impulse sound are, application for the GOA survey.

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Conclusions cases of belugas, beaked whales, and this have been discussed previously and sperm whales, these potential reactions in L-DEO’s application. Even so, the Effects on Cetaceans are expected to involve no more than estimates for the proposed surveys are Strong avoidance reactions by several very small numbers (0 to 11) of quite low percentages of the population species of mysticetes to seismic vessels individual cetaceans. Humpback and fin sizes. Also, these relatively short-term have been observed at ranges up to 6– whales are the endangered cetacean exposures are unlikely to result in any 8 km (3.2–4.3 nm) and occasionally as species that are most likely to be long-term negative consequences for the far as 20–30 km (10.8–16.2 nm) from the exposed and their Northeast Pacific individuals or their populations. source vessel. However, reactions at the populations are approximately 6000 Mitigation measures such as longer distances appear to be atypical of (Caretta et al., 2002) and 10970 (Ohsumi controlled speed, course alteration, most species and situations, particular and Wada, 1974), respectively. observers, ramp ups, and shut downs when feeding whales are involved. It is highly unlikely that any North when marine mammals are seen within Many of the mysticetes that will be Pacific right whales will be exposed to ≥ defined ranges (see Mitigation) should encountered in SE Alaska at the time of seismic sounds 160 dB re 1 microPa further reduce short-term reactions, and the proposed seismic survey will be (rms). This conclusion is based on the minimize any effects on hearing feeding. In addition, the estimated rarity of this species in SE Alaska and sensitivity. In all cases, the effects are numbers presented in Table 2 are in the Northeast Pacific (less than 100, expected to be short-term, with no considered overestimates of actual Carretta et al., 2002), and that the lasting biological consequence. In light numbers that may be harassed. The remnant population of this species of the type of take expected and the estimated 160–dB radii used here are apparently migrates to more northerly small percentages of affected stocks, the probably overestimates of the actual areas during the summer. However, L- action is expected to have no more than 160–dB radii at water depths ≥100 m DEO has requested an authorization to a negligible impact on the affected (328 ft) based on the few calibration expose up to two North Pacific right species or stocks of marine mammals. data obtained in deep water (Tolstoy et whales to ≥160 dB, given the possibility al., 2004). (however unlikely) of encountering one Effects on Pinnipeds Odontocete reactions to seismic or more of this endangered species. If a Two pinniped species, the Steller sea pulses, or at least the reactions of right whale is sighted by the vessel- lion and the harbor seal, are likely to be dolphins, are expected to extend to based observers, the 2 GI-airguns will be encountered in the study area. In lesser distances than are those of shut down (not just powered down) addition, it is possible (although mysticetes. Odontocete low-frequency regardless of the distance of the whale unlikely) that a small number of hearing is less sensitive than that of from the airguns. mysticetes, and dolphins are often seen Substantial numbers of phocoenids northern fur seals may be encountered. from seismic vessels. In fact, there are and delphinids may be exposed to An estimated 1498 harbor seals and 195 documented instances of dolphins airgun sounds during the proposed Steller sea lions (or 1 percent of the approaching active seismic vessels. seismic studies, but the population sizes Northeast Pacific population) may be However, dolphins as well as some of species likely to occur in the exposed to airgun sounds during the other types of odontocetes sometimes operating area are large, and the seismic survey. It is unknown how show avoidance responses and/or other numbers potentially affected are small many of these would actually be changes in behavior when near relative to the population sizes (Table disturbed, but most likely it would only operating seismic vessels. 2). The best estimates of the numbers of be a small percentage of that population. Taking into account the small size individual Dall’s and harbor porpoises Similar to cetaceans, the short-term and the relatively low sound output of that might be exposed to ≥160 dB exposures to airgun and sonar sounds the 2 GI-guns to be used, and the represent 0.8 percent and 0.4 percent of are not expected to result in any long- mitigation measures that are planned, their Northeast Pacific populations. The term negative consequences for the effects on cetaceans are generally best estimates of the numbers of individuals or their populations. expected to be limited to avoidance of individual delphinids that might be Potential Effects on Habitat a small area around the seismic exposed to sounds ≥170 dB re 1 µPa operation and short-term changes in (rms) represents much less than 0.01 The proposed seismic survey will not behavior, falling within the MMPA percent of the approximately 600,000 result in any permanent impact on definition of Level B harassment. dolphins estimated to occur in the habitats used by marine mammals, or to Furthermore, the estimated numbers of Northeast Pacific, and 0 to 0.2 percent the food sources they utilize. The main animals potentially exposed to sound of the populations of each species impact issue associated with the levels sufficient to cause appreciable occurring there (Table 2). proposed activity will be temporarily disturbance are very low percentages of Varying estimates of the numbers of elevated noise levels and the associated the affected populations. marine mammals that might be exposed direct effects on marine mammals. The Based on the 160–dB criterion, the to sounds from the 2 GI-airguns during actual area that will be affected by best estimates of the numbers of the 2004 seismic surveys off SW Alaska coring operations will be a very small individual cetaceans that may be have been presented, depending on the fraction of the marine mammal habitat exposed to sounds ≥160 dB re 1 microPa specific exposure criteria, calculation and the habitat of their food species in (rms) represent 0 to 1.1 percent of the procedures (exposures vs. individuals), the area; thus, any effects are expected populations of each species in the North and density criteria used (best vs. to be highly localized and insignificant. Pacific Ocean (Table 2). For species maximum). The requested ‘‘take Coring operations would result in no listed as endangered under the ESA, this authorization’’ for each species is based more than a negligible and highly includes no North Pacific right whales on the estimated maximum number of localized short-term disturbance to or blue whales; ≤0.01 percent of the exposures to ≥160 dB re 1 microPa sediments and benthic organisms. The Northeast Pacific population of sperm (rms). That figure likely overestimates area that might be disturbed is a very whales; 1.1 percent of the humpback (in most cases by a large margin) the small fraction of the overall area whale population; and 0.8 percent of the actual number of animals that will be occupied by a fish or marine mammal fin whale population (Table 2). In the exposed to these sounds; the reasons for species.

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One of the reasons for the adoption of concentrations of zooplankton. A the 2 G-airguns where sound levels of airguns as the standard energy source reaction by zooplankton to a seismic 190 dB, 180 dB, 170 dB, and 160 dB re for marine seismic surveys was that they impulse would only be relevant to 1 microPa (rms) are predicted to be (unlike the explosives used in the whales if it caused a concentration of received are shown in the >1000 m distant past) do not result in any zooplankton to scatter. Pressure changes (3281 ft) line of Table 1. appreciable fish kill. Various of sufficient magnitude to cause this Empirical data concerning these experimental studies showed that type of reaction would probably occur safety radii have been acquired based on airgun discharges cause little or no fish only very close to the source, so few measurements during the acoustic kill, and that any injurious effects were zooplankton concentrations would be verification study conducted by L-DEO generally limited to the water within a affected. Impacts on zooplankton in the northern Gulf of Mexico from 27 meter or so of an airgun. However, it has behavior are predicted to be negligible, May to 3 June 2003 (see 68 FR 32460, recently been found that injurious and this would translate into negligible May 30, 2003). Although the results are effects on captive fish, especially on fish impacts on feeding mysticetes. limited, L-DEO’s analysis of the acoustic hearing, may occur to somewhat greater data from that study (Tolstoy et al., Potential Effects on Subsistence Use of distances than previously thought 2004) indicate that the radii around the Marine Mammals (McCauley et al., 2000a,b, 2002; 2003). airguns where the received level would Even so, any injurious effects on fish The proposed seismic project could be 180 dB re 1 microPa (rms), the safety would be limited to short distances from potentially impact the availability of zone applicable to cetaceans, vary with the source. Also, many of the fish that marine mammals for subsistence water depth. might otherwise be within the potential harvests in a very small area The proposed study area will occur in zone of injury are likely to be displaced immediately around the Ewing, and for water approximately 30–3000 m (98– from this region prior to the approach of a very short time period while 9843 ft) deep. In deep water (>1000 m the airguns through avoidance reactions conducting seismic activities. However, (3281 ft)), the safety radii during airgun to the passing seismic vessel or to the considering the limited time and operations will be the values predicted airgun sounds as received at distances locations for the planned surveys, the by L-DEO’s model (Table 1). Therefore, beyond the injury radius. proposed survey is not expected to have the assumed 180- and 190–dB radii are Fish often react to sounds, especially an unmitigable adverse impact on the 54 m (177 ft) and 17 m (56 ft), strong and/or intermittent sounds of low availability of Steller sea lions, harbor respectively. In intermediate water frequency. Sound pulses at received seals or northern sea otters for depths (100–1000 m (328–3281 ft)), L- levels of 160 dB re 1 µPa (peak) may subsistence harvests. Nevertheless, L- DEO has applied a 1.5x correction factor cause subtle changes in behavior. Pulses DEO plans to coordinate its activities to the estimates provided by the model at levels of 180 dB (peak) may cause with local subsistence communities so for deep water situations. The assumed noticeable changes in behavior that seismic activities will be conducted 180- and 190–dB radii in intermediate- (Chapman and Hawkins, 1969; Pearson outside subsistence hunting areas and depth water are 81 m (266 ft) and 26 m et al., 1992; Skalski et al., 1992). It also times, if possible. (85 ft), respectively. For operations in appears that fish often habituate to shallow (<100 m (328 ft)) water, L-DEO Mitigation repeated strong sounds rather rapidly, has applied conservative correction on time scales of minutes to an hour. For the subject seismic survey in the factors to the predicted radii for the 2 However, the habituation does not GOA, L-DEO will deploy 2 GI-airguns as GI-airgun array. The 180- and 190–dB endure, and resumption of the an energy source, with a total discharge radii in shallow water are assumed to be disturbing activity may again elicit volume of 210 in3. The energy from the 400 m (1312 ft) and 250 m (820 ft), disturbance responses from the same airguns will be directed mostly respectively. However, NMFS has some fish. Fish near the airguns are likely to downward. The directional nature of the concerns regarding propagation in very dive or exhibit some other kind of airguns to be used in this project is an shallow water and has determined that behavioral response. This might have important mitigating factor. This for water depths less than 100 m (328 short-term impacts on the ability of directionality will result in reduced ft), L-DEO will establish a safety zone cetaceans to feed near the survey area. sound levels at any given horizontal for marine mammals and other However, only a small fraction of the distance as compared with the levels endangered marine species at 170 dB. available habitat would be ensonified at expected at that distance if the source As indicated in Table 1, the 170–dB rms any given time, and fish species would were omnidirectional with the stated isopleth for shallow water will be 750 return to their pre-disturbance behavior nominal source level. Also, the small m (2461 ft). The 2–GI airgun array will once the seismic activity ceased. Thus, size of these airguns is an inherent and be immediately shutdown when the proposed surveys would have little important mitigation measure that will cetaceans or pinnipeds are detected impact on the abilities of marine reduce the potential for effects relative within or about to enter the appropriate mammals to feed in the area where to those that might occur with large 170-, 180-, or 190–dB zone. seismic work is planned. Some of the airgun arrays. This measure is in Additional Mitigation Measures fish that do not avoid the approaching conformance with NMFS encouraging airguns (probably a small number) may seismic operators to use the lowest The following mitigation measures, as be subject to auditory or other injuries. intensity airguns practical to well as marine mammal visual Zooplankton that are very close to the accomplish research objectives. monitoring (discussed later in this source may react to the airgun’s document), will be implemented for the impulse. These animals have an Safety Radii subject seismic surveys: (1) Speed and exoskeleton and no air sacs; therefore, Received sound levels have been course alteration (provided that they do little or no mortality is expected. Many modeled by L-DEO for the 2 GI-airguns, not compromise operational safety crustaceans can make sounds and some in relation to distance and direction requirements); (2) shut-down and ramp- crustacea and other invertebrates have from the airguns. The model does not up procedures; (3) conducting inshore some type of sound receptor. However, allow for bottom interactions, and is seismic from upstream and proceeding the reactions of zooplankton to sound most directly applicable to deep water. towards the sea whenever possible to are not known. Some mysticetes feed on Based on the model, the distances from avoid trapping marine mammals; (4)

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scheduling seismic operations in speed and/or course cannot be changed 1. L-DEO must conduct inshore inshore waters during daylight and to avoid having the mammal enter the seismic from upstream and proceeding coring operations during nighttime safety zone, the airguns will be shut towards the sea whenever possible to whenever possible; (5) a prohibition on down before the mammal is within the avoid trapping marine mammals. If conducting seismic operations in water safety zone. Likewise, if a mammal is mammals are averse to seismic sounds depths less than 30 m (98 ft); and (6) already within the safety zone when they may move upstream to avoid avoid encroaching upon critical habitat first detected, the airguns will be shut increasing SPLs. Although NMFS is also around Steller sea lion rookeries and down immediately. The airguns will be prohibiting takes in waters shallower haulouts. As discussed elsewhere in this shut down if a North Pacific right whale than 30 m (98 ft) to limit sound document, special mitigation measures is sighted from the vessel, even if it is propagation in very shallow water, this will be implemented for the North located outside the safety zone. mitigation measure will ensure that Pacific right whale. Following a shut down, airgun these mammals have an opportunity to Although a ‘‘power-down’’ procedure activity will not resume until the marine escape to deeper waters and not have a is often applied by L-DEO during mammal has cleared the safety zone. potential for stranding. seismic surveys with larger arrays of The animal will be considered to have 2. L-DEO must limit seismic airguns, NMFS is not requiring power cleared the safety zone if it (1) is operations in inshore waters to daylight down to a single gun during this project. visually observed to have left the safety and coring operations to nighttime Powering down from two guns to one zone, or (2) has not been seen within the whenever possible. This was clarified in gun would make only a small difference zone for 15 min in the case of small RTC 11. in the 180- or 190–dB zone, which is not odontocetes and pinnipeds, or (3) has Marine Mammal Monitoring enough distance to allow one-gun to not been seen within the zone for 30 continue operations if a mammal came min in the case of mysticetes and large L-DEO must have at least three visual within the safety zone for two guns. odontocetes, including sperm, pygmy observers on board the Ewing, and at At night, vessel lights and/or night- sperm, dwarf sperm, and beaked least two must be experienced marine vision devices (NVDs) could be useful whales. mammal observers that NMFS has in sighting some marine mammals at the If the complete safety zone has not approved in advance of the start of the surface within a short distance from the been visible for at least 30 min prior to GOA cruise. These observers will be on ship (within the safety radii for the 2– the start of operations in either daylight duty in shifts of no longer than 4 hours. GI guns in deep and intermediate or nighttime (in offshore waters), airgun The visual observers will monitor waters). Thus, start up of the airguns operations will not commence. marine mammals and sea turtles near may be possible at night in deep and However, if the airgun array has been the seismic source vessel during all intermediate waters, in situations when operational before nightfall, it can daytime operations and during any the entire safety zone is visible with remain operational throughout the night-time airgun operations, although vessel lights and NVDs. However, due to night, even though the entire safety night-time seismic operations are the limitation on conducting nighttime radius may not be visible. If the entire unlikely to be conducted during this seismic in shallow water, nighttime start safety zone is visible at night, using survey (see Mitigation). Vessel-based ups of the airguns are not authorized. vessel lights and NVDs (as may be the observers will watch for marine case in deep and intermediate waters), mammals and sea turtles near the Speed and Course Alteration then start up of the airguns may occur seismic vessel during periods with If a marine mammal is detected at night. shooting (including ramp-ups), and for outside the safety zone and, based on its 30 minutes prior to the planned start of position and the relative motion, is Ramp-up airgun operations after a shut-down. likely to enter the safety zone, the When airgun operations commence Use of multiple observers will vessel’s speed and/or direct course may, after a certain period without airgun increase the likelihood that marine when practical and safe, be changed in operations, the number of guns firing mammals near the source vessel are a manner that also minimizes the effect will be increased gradually, or ‘‘ramped detected. L-DEO bridge personnel will to the planned science objectives. The up’’ (also described as a ‘‘soft start’’). also assist in detecting marine mammals marine mammal activities and Usually, operations begin with the and implementing mitigation movements relative to the seismic vessel smallest gun in the array and guns are requirements whenever possible (they will be closely monitored to ensure that added in sequence such that the source will be given instruction on how to do the marine mammal does not approach level of the array will increase in steps so). within the safety zone. If the mammal not exceeding 6 dB per 5–min period. The observer(s) will watch for marine appears likely to enter the safety zone, However, during this survey, with only mammals from the highest practical further mitigative actions will be taken 2 GI-guns, ramp-up will be vantage point on the vessel, which is (i.e., either further course alterations or implemented by turning on one airgun, either the bridge or the flying bridge. On shut down of the airguns). In the closely followed 5 minutes later by the second the bridge of the Ewing, the observer’s constrained waters of Lynn Canal, Muir airgun. Throughout the ramp-up eye level will be 11 m (36 ft) above sea Inlet, and Frederick Sound, it is procedure, the safety zone will be level, allowing for good visibility within unlikely that significant alterations to maintained. a 210 arc. If observers are stationed on the vessel’s speed or course could be the flying bridge, the eye level will be Other Mitigation made. In these circumstances, shut- 14.4 m (47.2 ft) above sea level. The down procedures would be Because this seismic survey is being observer(s) will systematically scan the implemented rather than speed or conducted in inshore waters, NMFS has area around the vessel with Big Eyes course changes. determined that the following binoculars, reticle binoculars (e.g., 7 X mitigation measures are necessary to 50 Fujinon) and with the naked eye Shut-down Procedures ensure that no marine mammals are during the daytime. Laser range-finding If a marine mammal is detected injured and that takings, by Level B binoculars (Leica L.F. 1200 laser outside the safety zone but is likely to harassment, are at the lowest level rangefinder or equivalent) will be enter the safety zone, and if the vessel’s practicable. available to assist with distance

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estimation. The observers will be used cruise, which is currently predicted to Endangered Species Act (ESA) to determine when a marine mammal or occur during August, 2004. The report NMFS has issued a biological opinion sea turtle is in or near the safety radii will describe the operations that were regarding the effects of this action on so that the required mitigation conducted and the marine mammals ESA-listed species and critical habitat measures, such as course alteration and that were detected. The report must under the jurisdiction of NMFS. That shut-down, can be implemented. If the provide full documentation of methods, biological opinion concluded that this airguns are shut down, observers will results, and interpretation pertaining to action is not likely to jeopardize the maintain watch to determine when the all monitoring tasks. The report will continued existence of listed species or animal is outside the safety radius. summarize the dates and locations of result in the destruction or adverse In addition to vessel monitoring seismic operations, marine mammal during seismic operations, observers modification of critical habitat. A copy sightings (dates, times, locations, of the Biological Opinion is available will also conduct monitoring after the activities, associated seismic survey seismic operation has been terminated upon request (see ADDRESSES). However, activities), and estimates of the amount sea otters are under the jurisdiction of for that line transect while the array is and nature of potential take of marine being pulled from the water and the the U.S. Fish and Wildlife Service mammals by harassment or in other (USFWS). L-DEO contacted the USFWS vessel returns to the selected coring site. ways. In most cases this will mean returning regarding this species. The USFWS along the survey line. During that time, Determinations determined that sea otters would not be the observer will look for marine affected by the 2 GI-airgun array being NMFS has determined that the impact employed in the GOA project. mammals that might have been injured of conducting the seismic survey in the as a result of seismic (although no GOA in the northeastern Pacific Ocean National Environmental Policy Act injuries are expected to occur). Also, will result, at worst, in a temporary (NEPA) during coring operations in inshore modification in behavior by certain waters, when that coring operation The NSF made a FONSI species of marine mammals. This determination on April 7, 2004, based occurs during daylight hours (most activity is expected to result in no more coring should be conducted during on information contained within its EA, than a negligible impact on the affected that implementation of the subject night-time), the ship’s captain may species or stocks. For reasons stated authorize the ship’s small boat to look action is not a major Federal action previously in this document, this having significant effects on the for marine mammals on or off the ship’s determination is supported by (1) the previous track. Because there is a safety environment within the meaning of likelihood that, given sufficient notice NEPA. NSF determined, therefore, that concern, the Ewing’s captain has sole through slow ship speed and ramp-up, authority in this matter. For safety an environmental impact statement marine mammals are expected to move would not be prepared. On June 23, reasons, the boat must remain in visual away from a noise source that it is or radio contact so it can safely return 2004 (69 FR 34996), NMFS noted that annoying prior to its becoming the NSF had prepared an EA for the to the Ewing should weather conditions potentially injurious; (2) recent research change or if the boat were disabled. At GOA surveys and made this EA was that indicates that TTS is unlikely (at available upon request. In accordance least one trained biological observer will least in delphinids) until levels closer to be on this boat. with NOAA Administrative Order 216– 200–205 dB re 1 microPa are reached 6 (Environmental Review Procedures for Passive Acoustic Monitoring (PAM) rather than 180 dB re 1 microPa; (3) the Implementing the National Although PAM has been used in fact that 200–205 dB isopleths would be Environmental Policy Act, May 20, previous seismic surveys, L-DEO will within 100 m (328 ft) of the vessel even 1999), NMFS has reviewed the not use the PAM system during this in shallow water; and (4) the likelihood information contained in NSF’s EA and research cruise. First, the safety radii are that marine mammal detection ability determined that the NSF EA accurately significantly smaller than those found by trained observers is close to 100 and completely describes the proposed for the larger L-DEO arrays, making the percent during daytime and remains action alternative, and the potential PAM unnecessary for locating marine high at night to that distance from the impacts on marine mammals, mammals. Secondly, the effectiveness of seismic vessel. As a result, no take by endangered species, and other marine the PAM in shallow water is not high injury and/or death is anticipated, and life that could be impacted by the and third, because of the coring the potential for temporary or preferred alternative and the other operations, additional berthing is permanent hearing impairment is very alternatives. Accordingly, NMFS unavailable for the PAM operators. low and will be avoided through the adopted the NSF EA under 40 CFR Making room available for the PAM incorporation of the required mitigation 1506.3 and made it’s own FONSI. The acoustic technician would require the measures discussed in this document. NMFS FONSI also takes into use of one less marine mammal While the number of potential consideration additional mitigation observer. Again, because of the small incidental harassment takes will depend measures required by the IHA that are safety zone, the recommendation that on the distribution and abundance of not in NSF’s EA. Therefore, it is not seismic work be conducted during marine mammals in the vicinity of the necessary to issue a new EA, daylight to the extent possible, and the survey activity, the number of potential supplemental EA or an environmental limited effectiveness of the PAM in harassment takings is estimated to be impact statement for the issuance of an shallow water, NMFS has decided that small. In addition, the proposed seismic IHA to L-DEO for this activity. A copy the 3rd observer is more valuable for program will not have an unmitigable of the NSF EA and the NMFS FONSI for conducting small boat surveys and to adverse impact on any subsistence this activity is available upon request assist in night-time monitoring than the hunts, since seismic operations will not (see ADDRESSES). use of the PAM. take place in major subsistence whaling and sealing areas and may have only Authorization Reporting minor Level B harassment impacts on NMFS has issued an IHA to L-DEO to L-DEO will submit a report to NMFS Steller sea lions and harbor seals that take marine mammals, by harassment, within 90 days after the end of the might be used for subsistence. incidental to conducting seismic

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surveys in the Gulf of Alaska for a 1– The Council will separately convene Northeast Region, NMFS (Assistant year period, provided the mitigation, its Mackerel and Reef Fish AP to review Regional Administrator) has made a monitoring, and reporting requirements public hearing drafts of Amendment 15 preliminary determination that the are undertaken. to the Coastal Migratory Pelagics subject Exempted Fishing Permit (EFP) Dated: September 22, 2004. Fishery Management Plan (FMP) and application contains all the required Amendment 24 to the Reef Fish FMP. information and warrants further Laurie K. Allen, Each of these amendments contain consideration. The Assistant Regional Director, Office of Protected Resources, alternatives to allow the existing Administrator has also made a National Marine Fisheries Service. commercial permit moratoria to expire, preliminary determination that the [FR Doc. 04–21847 Filed 9–28–04; 8:45 am] extend the moratoria for 5 or 10 years, activities authorized under the EFP BILLING CODE 3510–22–S or replace the moratoria with permanent would be consistent with the goals and limited access systems that would, in objectives of the Northeast (NE) essence, maintain the cap on the Multispecies Fishery Management Plan DEPARTMENT OF COMMERCE number of permits indefinitely, or until (FMP). However, further review and National Oceanic and Atmospheric replaced or eliminated by additional consultation may be necessary before a Administration actions by the Council. final determination is made to issue the Although other non-emergency issues EFP. Therefore, NMFS announces that [I.D. 090904E] not on the agendas may be discussed by the Assistant Regional Administrator the APs, in accordance with the proposes to recommend that an EFP be Gulf of Mexico Fishery Management Magnuson-Stevens Fishery issued that would allow one vessel to Council; Public Meetings Conservation and Management Act, conduct fishing operations that are AGENCY: National Marine Fisheries those issues may not be the subject of otherwise restricted by the regulations Service (NMFS), National Oceanic and formal action during these meetings. governing the fisheries of the Atmospheric Administration (NOAA), Actions of the APs will be restricted to Northeastern United States. The EFP Commerce. those issues specifically identified in may allow for exemptions from the NE multispecies days-at-sea (DAS) effort ACTION: Notice of public meeting. the agendas and any issues arising after publication of this notice that require control program for up to 11 DAS for SUMMARY: The Gulf of Mexico Fishery emergency action under Section 305(c) testing a bycatch reducing gear Management Council (Council) will of the Magnuson-Stevens Act, provided modification. Regulations under the separately convene its Mackerel and the public has been notified of the Magnuson-Stevens Fishery Reef Fish Advisory Panels (AP). Council’s intent to take action to Conservation and Management Act DATES: The Mackerel AP meeting will be address the emergency. require publication of this notification to provide interested parties the convened by conference call at 3 p.m. Special Accommodations EST on Tuesday, October 26, 2004. The opportunity to comment on applications Reef Fish AP meeting will be convened Requests for sign language for proposed EFPs. by conference call at 3 p.m. EST on interpretation or other auxiliary aids DATES: Comments on this document Wednesday, October 27, 2004. should be directed to Dawn Aring at the must be received on or before October Council office (see ADDRESSES) by ADDRESSES: SUPPLEMENTARY 14, 2004. See September 24, 2004. INFORMATION for locations of listening ADDRESSES: Comments on this notice stations. Dated: September 23, 2004. may be submitted by e-mail. The Council address: Gulf of Mexico Alan D. Risenhoover, mailbox address for providing e-mail Fishery Management Council, 3018 Acting Director, Office of Sustainable comments is [email protected]. Include North U.S. Highway 301, Suite 1000, Fisheries, National Marine Fisheries Service. in the subject line of the e-mail Tampa, FL 33619. [FR Doc. E4–2406 Filed 9–28–04; 8:45 am] comment the following document FOR FURTHER INFORMATION CONTACT: BILLING CODE 3510–22–S identifier: ‘‘Comments on UNH Soft Richard L. Leard, Deputy Executive Grid Gear Modification EFP Proposal.’’ Director, Gulf of Mexico Fishery Written comments should be sent to Management Council; telephone: (813) DEPARTMENT OF COMMERCE Patricia A. Kurkul, Regional 228–2815. Administrator, NMFS, Northeast National Oceanic and Atmospheric Regional Office, 1 Blackburn Drive, SUPPLEMENTARY INFORMATION: Persons Administration wishing to listen to the calls may do so Gloucester, MA 01930. Mark the outside at the following locations: [I.D. 092304B] of the envelope ‘‘Comments on UNH 1. NMFS Panama City Laboratory, Soft Grid Gear Modification EFP Magnuson-Stevens Act Provisions; 3500 Delwood Beach Road, Panama Proposal.’’ Comments may also be sent General Provisions for Domestic City, FL, Contact: Gary Fitzhugh at 850– via facsimile (fax) to (978) 281–9135. Fisheries; Application for Exempted 234–6541, extension 214. FOR FURTHER INFORMATION CONTACT: 2. NMFS Southeast Regional Office, Fishing Permits Brian Hooker, Fishery Policy Analyst, 9721 North Executive Center Drive, St. AGENCY: National Marine Fisheries phone 978–281–9220. Petersburg, FL, Contact: Peter Hood at Service (NMFS), National Oceanic and SUPPLEMENTARY INFORMATION: Dr. 727–570–5728. Atmospheric Administration (NOAA), Pingguo He of the University of New 3. NMFS Pascagoula Laboratory, 3209 Department of Commerce. Hampshire Cooperative Extension Frederic Street, Pascagoula, MS, ACTION: Notification of a proposal for (UNH) submitted an application for an Contact: Cheryl Hinkel at 228–762– exempted fishing permits to conduct EFP on May 27, 2004. This is a 4591. experimental fishing; request for continuation of a project that started in 4. NMFS Galveston Laboratory (on comments. 2002. Due to gear modifications, tank 15th only), 4700 Avenue U, Galveston, flume tests, and poor weather TX, Contact: Rhonda O’Toole at 409– SUMMARY: The Assistant Regional conditions the sea trails were not 766–3500. Administrator for Sustainable Fisheries, completed in the 2003–2004 fishing

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year. This EFP would authorize one Dated: September 23, 2004. Federal law, or substantially interfere commercial vessel to conduct sea trials Alan D. Risenhoover, with any agency’s ability to perform its using a soft grid finfish excluder device. Acting Director, Office of Sustainable statutory obligations. The Acting The objective of the research is to test Fisheries, National Marine Fisheries Service. Leader, Information Management Case gear to separate flatfish from roundfish [FR Doc. E4–2403 Filed 9–28–04; 8:45 am] Services Team, Regulatory Information in trawl nets and to reduce the bycatch BILLING CODE 3510–22–S Management Services, Office of the of roundfish, particularly cod, when Chief Information Officer, publishes that fishing for flatfish. The separation notice containing proposed information device is designed to exploit behavioral COMMODITY FUTURES TRADING collection requests prior to submission differences that exist between the of these requests to OMB. Each species. Sunshine Act Meetings proposed information collection, grouped by office, contains the The design consists of a trawl net FEDERAL REGISTER CITATION OF PREVIOUS following: (1) Type of review requested, with a soft panel, or ramp, that would ANNOUNCEMENT: 69 FR 56748. e.g. new, revision, extension, existing or be positioned in front of a double reinstatement; (2) title; (3) summary of codend. It would take advantage of the PREVIOUSLY ANNOUNCED TIME AND DATE OF THE MEETING: 10:30 a.m., Wednesday, the collection; (4) description of the tendency for flatfish to swim toward the need for, and proposed use of, the ocean bottom after encountering the September 29, 2004. CHANGES IN THE MEETING: The Rule information; (5) respondents and separation panel and thereby into the frequency of collection; and (6) lower codend portion of the net. Enforcement Review has been cancelled. reporting and/or recordkeeping burden. Roundfish, which are not expected to OMB invites public comment. swim toward the sea floor after CONTACT FOR FURTHER INFORMATION: Jean encountering the panel, would swim A. Webb, (202) 418–5100. Dated: September 24, 2004. Linda C. Tague, into the upper codend portion of the Jean A. Webb, net, which would be left open under Acting Leader, Information Management Case Secretary of the Commission. normal fishing practices where the Services Team, Regulatory Information vessel was targeting flatfish. However, [FR Doc. 04–21969 Filed 9–27–04; 1:47 pm] Management Services, Office of the Chief for the purposes of this experiment both BILLING CODE 6351–01–M Information Officer. codends will remain closed in order to Office of Postsecondary Education quantify separation success. The net DEPARTMENT OF EDUCATION Type of Review: Reinstatement. would also utilize visual stimuli fixed Title: Targeted Teacher Deferments forward of the codend to test changes in (Teacher Shortage Area). swimming behavior in roundfish and Submission for OMB Review; Comment Request Frequency: Annually. flatfish in response to the stimuli. Affected Public: State, Local, or Tribal Underwater videography would be AGENCY: Department of Education. Gov’t, SEAs or LEAs; Federal employed to observe fish behavior and SUMMARY: The Acting Leader, Government. functioning of the experimental Information Management Case Services Reporting and Recordkeeping Hour selectivity device. Team, Regulatory Information Burden: Responses: 59. The sea trials would be conducted in Management Services, Office of the Burden Hours: 148. Abstract: This program has not shallow water (30 to 50 fathoms (55 to Chief Information Officer invites received funding since 1977. It was 91 m)) off the coasts of New Hampshire, comments on the submission for OMB originally designed to assist State southern Maine, and a small portion of review as required by the Paperwork agencies to provide scholarships to northern Massachusetts. UNH Reduction Act of 1995. talented and meritorious students who researchers would be aboard the vessel DATES: Interested persons are invited to were seeking careers as teaching at all times during the experimental submit comments on or before October professionals. work. The at-sea portion of the 29, 2004. Requests for copies of the submission experiment would last no longer than 11 ADDRESSES: Written comments should for OMB review; comment request may fishing days in the 2004 fishing year. be addressed to the Office of be accessed from http:// Based upon the catch rates from eight Information and Regulatory Affairs, edicsweb.ed.gov, by selecting the days of fishing in the 2003 fishing year, Attention: Carolyn Lovett, Desk Officer, ‘‘Browse Pending Collections’’ link and the following catch is estimated for the Department of Education, Office of by clicking on link number 2571. When 2004 fishing year: Cod 2,846 lb (1,291 Management and Budget, 725 17th you access the information collection, kg); American plaice 274 lb (124 kg); Street, NW., Room 10235, New click on ‘‘Download Attachments’’ to witch flounder 1,547 lb (702 kg); Executive Office Building, Washington, view. Written requests for information haddock 34 lb (15 kg); pollock 11 lb (5 DC 20503 or faxed to (202) 395–6974. should be addressed to U.S. Department kg); yellowtail flounder 87 lb (40 kg); SUPPLEMENTARY INFORMATION: Section of Education, 400 Maryland Avenue, winter flounder 50 lb (23 kg), and white 3506 of the Paperwork Reduction Act of SW., Potomac Center, 9th Floor, hake 140 lb (64 kg). All undersized fish 1995 (44 U.S.C. Chapter 35) requires Washington, DC 20202–4700. Requests would be returned to the sea as quickly that the Office of Management and may also be electronically mailed to the as possible. Legal-sized fish that would Budget (OMB) provide interested Internet address [email protected] or otherwise have to be discarded would Federal agencies and the public an early faxed to 202–245–6621. Please specify be allowed to be retained and sold opportunity to comment on information the complete title of the information within the applicable Gulf of Maine collection requests. OMB may amend or collection when making your request. (GOM) possession limits. The waive the requirement for public Comments regarding burden and/or participating vessel would be required consultation to the extent that public the collection activity requirements to report all landings in its Vessel Trip participation in the approval process should be directed to Joseph Schubart at Report. would defeat the purpose of the his e-mail address [email protected]. Authority: 16 U.S.C. 1801 et seq. information collection, violate State or Individuals who use a

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telecommunications device for the deaf Office of the Chief Information Officer Services, Office of the Chief Information (TDD) may call the Federal Information Type of Review: New. Officer, invites comments on the Relay Service (FIRS) at 1–800–877– Title: Gateway to Educational proposed information collection 8339. Materials (GEM) Resource Annotation. requests as required by the Paperwork [FR Doc. 04–21833 Filed 9–28–04; 8:45 am] Frequency: On occasion. Reduction Act of 1995. DATES BILLING CODE 4000–01–P Affected Public: Individuals or : Interested persons are invited to household; Not-for-profit institutions. submit comments on or before Reporting and Recordkeeping Hour November 29, 2004. DEPARTMENT OF EDUCATION Burden: SUPPLEMENTARY INFORMATION: Section Responses: 5,000. 3506 of the Paperwork Reduction Act of Submission for OMB Review; Burden Hours: 600. 1995 (44 U.S.C. Chapter 35) requires Abstract: The Gateway to Educational Comment Request that the Office of Management and Materials (GEM) (http://thegateway.org) Budget (OMB) provide interested AGENCY: Department of Education. is an electronic catalog of lesson plans Federal agencies and the public an early SUMMARY: The Leader, Information and other educational resources opportunity to comment on information Management Case Services Team, available on the Web from more than collection requests. OMB may amend or Regulatory Information Management 500 member organizations. The goal of waive the requirement for public Services, Office of the Chief Information the catalog is to offer easy access to a consultation to the extent that public Officer invites comments on the range of educational resources, so that participation in the approval process submission for OMB review as required educators, parents, and students may would defeat the purpose of the by the Paperwork Reduction Act of quickly find educational resources that information collection, violate State or 1995. may be helpful and relevant to their Federal law, or substantially interfere needs. DATES: Interested persons are invited to with any agency’s ability to perform its Requests for copies of the submission submit comments on or before October statutory obligations. The Leader, for OMB review; comment request may 29, 2004. Information Management Case Services be accessed from http://edicsweb.ed.gov ADDRESSES: Written comments should Team, Regulatory Information by selecting the ‘‘Browse Pending be addressed to the Office of Management Services, Office of the Collections’’ link and by clicking on Information and Regulatory Affairs, Chief Information Officer, publishes that link number 2591. When you access the Attention: Carolyn Lovett, Desk Officer, notice containing proposed information information collection, click on Department of Education, Office of collection requests prior to submission ‘‘Download Attachments’’ to view. Management and Budget, 725 17th of these requests to OMB. Each Written requests for information should Street, NW., Room 10235, New proposed information collection, be addressed to U.S. Department of Executive Office Building, Washington, grouped by office, contains the Education, 400 Maryland Avenue, SW., DC 20503 or faxed to (202) 395–6974. following: (1) Type of review requested, Potomac Center, 9th Floor, Washington, SUPPLEMENTARY INFORMATION: Section e.g. new, revision, extension, existing or DC 20202–4700. Requests may also be 3506 of the Paperwork Reduction Act of reinstatement; (2) Title; (3) Summary of electronically mailed to the Internet 1995 (44 U.S.C. Chapter 35) requires the collection; (4) Description of the address [email protected] or faxed to that the Office of Management and need for, and proposed use of, the (202) 245–6621. Please specify the Budget (OMB) provide interested information; (5) Respondents and complete title of the information Federal agencies and the public an early frequency of collection; and (6) opportunity to comment on information collection when making your request. Comments regarding burden and/or Reporting and/or Recordkeeping collection requests. OMB may amend or the collection activity requirements burden. OMB invites public comment. waive the requirement for public should be directed to Joseph Schubart at The Department of Education is consultation to the extent that public his e-mail address [email protected]. especially interested in public comment participation in the approval process Individuals who use a addressing the following issues: (1) Is would defeat the purpose of the telecommunications device for the deaf this collection necessary to the proper information collection, violate State or (TDD) may call the Federal Information functions of the Department; (2) will Federal law, or substantially interfere Relay Service (FIRS) at 1–800–877– this information be processed and used with any agency’s ability to perform its 8339. in a timely manner; (3) is the estimate statutory obligations. The Leader, of burden accurate; (4) how might the Information Management Case Services September 23, 2004. Department enhance the quality, utility, Team, Regulatory Information Angela C. Arrington, and clarity of the information to be Management Services, Office of the Leader, Information Management Case collected; and (5) how might the Chief Information Officer, publishes that Services Team, Regulatory Information Department minimize the burden of this notice containing proposed information Management Services, Office of the Chief collection on the respondents, including collection requests prior to submission Information Officer. through the use of information of these requests to OMB. Each [FR Doc. E4–2407 Filed 9–28–04; 8:45 am] technology. BILLING CODE 4000–01–P proposed information collection, September 23, 2004. grouped by office, contains the Angela C. Arrington, following: (1) Type of review requested, e.g. new, revision, extension, existing, DEPARTMENT OF EDUCATION Leader, Information Management Case Services Team, Regulatory Information or reinstatement; (2) Title; (3) Summary Notice of Proposed Information Management Services, Office of the Chief of the collection; (4) Description of the Collection Requests Information Officer. need for, and proposed use of, the information; (5) Respondents and AGENCY: Department of Education. Office of the Undersecretary frequency of collection; and (6) SUMMARY: The Leader, Information Type of Review: New. Reporting and/or Recordkeeping Management Case Services Team, Title: Study of Single Sex Schools. burden. OMB invites public comment. Regulatory Information Management Frequency: One time.

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Affected Public: State, Local, or Tribal Estimated Available Funds: $300,000. opportunities for participation in the Gov’t, SEAs or LEAs. The Administration has requested development of professional Reporting and Recordkeeping Hour $300,000 for this program for FY 2005. presentations and publications, and for Burden: The actual level of funding, if any, attendance at professional conferences Responses: 1,280. depends on final congressional action. and meetings, as appropriate for the Burden Hours: 1,178. However, we are inviting applications to individual’s field of study and level of Abstract: The purpose of the Study of allow enough time to complete the grant experience. Single Sex Schools is to describe what process if Congress appropriates funds It is expected that applicants will is currently known about the for this program. articulate goals, objectives, and characteristics and effects of single sex Estimated Average Size of Awards: expected outcomes for the proposed schooling on student achievement and $150,000. capacity building activities. It is critical other outcomes, especially for at-risk Maximum Award: We will reject any that proposals describe expected public students. Data collection includes application that proposes a budget benefits, especially benefits for surveys of teachers and principals at all exceeding $150,000 for a single budget individuals with disabilities, and existing single sex schools (n=18) and period of 12 months. The Assistant propose projects that are optimally site visit interviews and observations at Secretary for Special Education and designed to demonstrate outcomes that a sample of six single sex schools and Rehabilitative Services may change the are consistent with the proposed goals. six matched comparison schools maximum amount through a notice Applicants are encouraged to include (coeducational). published in the Federal Register. information describing how they will Requests for copies of the proposed measure outcomes, including the information collection request may be Note: Indirect cost reimbursement on a training grant is limited to eight percent of indicators that will represent the end- accessed from http://edicsweb.ed.gov by a modified total direct cost base, defined as result. Submission of this information is selecting the ‘‘Browse Pending total direct costs less stipends, tuition, and voluntary except where required by the Collections’’ link and by clicking on related fees. selection criteria listed in the link number 2617. When you access the application package. information collection, click on Estimated Number of Awards: 2. Note: NIDRR supports the goals of ‘‘Download Attachments’’ to view. Note: The Department is not bound by any estimates in this notice. President Bush’s New Freedom Initiative Written requests for information should (NFI). The NFI can be accessed on the be addressed to U.S. Department of Project Period: Up to 60 months. Internet at the following site: http:// Education, 400 Maryland Avenue, SW., www.whitehouse.gov/infocus/newfreedom/. Full Text of Announcement Potomac Center, 9th Floor, Washington, The ARRT projects are in concert with DC 20202–4700. Requests may also be I. Funding Opportunity Description NIDRR’s Long-Range Plan (Plan). The electronically mailed to the Internet Purpose of Program: The purpose of Plan is comprehensive and integrates address [email protected] or faxed to this program is to provide research many issues relating to disability and (202) 245–6621. Please specify the training and experience at an advanced rehabilitation research and development complete title of the information level to individuals with doctorates or topics. The Plan can be accessed on the collection when making your request. similar advanced degrees who have Internet at the following site: http:// Comments regarding burden and/or clinical or other relevant experience. www.ed.gov/about/offices/list/osers/ the collection activity requirements ARRT projects train rehabilitation nidrr/policy.html. should be directed to Katrina Ingalls at researchers, including individuals with Through the implementation of the her e-mail address disabilities, with particular attention to Plan, NIDRR seeks to: (1) Improve the [email protected]. Individuals who research areas that support the quality and utility of disability and use a telecommunications device for the implementation and objectives of the rehabilitation research; (2) foster an deaf (TDD) may call the Federal Rehabilitation Act of 1973, as amended exchange of expertise, information, and Information Relay Service (FIRS) at 1– (Act), and that improve the effectiveness training to facilitate the advancement of 800–877–8339. of services authorized under the Act. knowledge and understanding of the [FR Doc. E4–2408 Filed 9–28–04; 8:45 am] Program Requirements: ARRT unique needs of traditionally BILLING CODE 4000–01–P projects must carry out all of the underserved populations; (3) determine following activities: (1) Recruit and best strategies and programs to improve select candidates for advanced research rehabilitation outcomes for underserved DEPARTMENT OF EDUCATION training; (2) provide a training program populations; (4) identify research gaps; that includes didactic and classroom (5) identify mechanisms of integrating Office of Special Education and instruction, is multidisciplinary, research and practice; and (6) Rehabilitative Services; Overview emphasizes scientific methodology, and disseminate findings. Information; National Institute on may involve collaboration among Program Authority: 29 U.S.C. 762(k). Disability and Rehabilitation Research institutions; (3) provide research Applicable Regulations: (a) The (NIDRR)—Advanced Rehabilitation experience, laboratory experience, or its Education Department General Research Training (ARRT) Projects; equivalent in a community-based Administrative Regulations (EDGAR) in Notice Inviting Applications for New research setting, and a practicum that 34 CFR parts 74, 75, 77, 81, 82, 84, 85, Awards for Fiscal Year (FY) 2005 involves each individual in clinical 86, and 97, and (b) the regulations for Catalog of Federal Domestic research and in practical activities with this program in 34 CFR part 350. Assistance (CFDA) Number: 84.133P. organizations representing individuals Note: The regulations in 34 CFR part 86 Applications Available: September with disabilities; (4) provide academic apply to institutions of higher education 29, 2004. mentorship or guidance, and only. Deadline for Transmittal of opportunities for scientific collaboration Applications: November 29, 2004. with qualified researchers at the host II. Award Information Eligible Applicants: Institutions of university and other appropriate Type of Award: Discretionary grants. higher education. institutions; and (5) provide Estimated Available Funds: $300,000.

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The Administration has requested the content of an application, together If you submit your application to us $300,000 for this program for FY 2005. with the forms you must submit, are in electronically, you must use e- The actual level of funding, if any, the application package for this Application available through the depends on final congressional action. competition. Page Limit: The Department’s e-Grants system, However, we are inviting applications to application narrative (Part III of the accessible through the e-Grants portal allow enough time to complete the grant application) is where you, the applicant, page at: http://e-grants.ed.gov. process if Congress appropriates funds address the selection criteria that While completing your electronic for this program. reviewers use to evaluate your application, you will be entering data Estimated Average Size of Awards: application. We recommend that you online that will be saved into a $150,000. limit Part III to the equivalent of no database. You may not e-mail an Maximum Award: We will reject any more than 75 pages, using the following electronic copy of a grant application to application that proposes a budget standards: us. exceeding $150,000 for a single budget • A ‘‘page’’ is 8.5″ x 11″, on one side Please note the following: period of 12 months. The Assistant only, with 1″ margins at the top, bottom, • Your participation in e-Application Secretary for Special Education and and both sides. is voluntary. Rehabilitative Services may change the • Double space (no more than three • You must complete the electronic maximum amount through a notice lines per vertical inch) all text in the submission of your grant application by published in the Federal Register. application narrative, including titles, 4:30 p.m., Washington, DC time, on the Note: Indirect cost reimbursement on a headings, footnotes, quotations, application deadline date. The e- training grant is limited to eight percent of references, and captions, as well as all Application system will not accept an a modified total direct cost base, defined as text in charts, tables, figures, and application for this competition after total direct costs less stipends, tuition, and graphs. 4:30 p.m., Washington, DC time, on the related fees. • Use a font that is either 12 point or application deadline date. Therefore, we Estimated Number of Awards: 2. larger or no smaller than 10 pitch strongly recommend that you do not Note: The Department is not bound by any (characters per inch). wait until the application deadline date estimates in this notice. The page limit does not apply to Part to begin the application process. I, the cover sheet; Part II, the budget • The regular hours of operation of Project Period: Up to 60 months. section, including the narrative budget the e-Grants Web site are 6 a.m. Monday III. Eligibility Information justification; Part IV, the assurances and until 7 p.m. Wednesday; and 6 a.m. 1. Eligible Applicants: Institutions of certifications; or the one-page abstract, Thursday until midnight Saturday, higher education. the resumes, the bibliography, or the Washington, DC time. Please note that 2. Cost Sharing or Matching: This letters of support. However, you must the system is unavailable on Sundays, program does not involve cost sharing include all of the application narrative and between 7 p.m. on Wednesdays and or matching. in Part III. 6 a.m. on Thursdays, Washington, DC 3. Submission Dates and Times: time, for maintenance. Any IV. Other Submission Requirements Applications Available: September 29, modifications to these hours are posted 1. Address to Request Application 2004. Deadline for Transmittal of on the e-Grants Web site. Package: You may obtain an application Applications: November 29, 2004. • You will not receive additional package via Internet or from the ED We do not consider an application point value because you submit your Publications Center (ED Pubs). To that does not comply with the deadline application in electronic format, nor obtain a copy via Internet use the requirements. will we penalize you if you submit your following address: http://www.ed.gov/ Applications for grants under this application in paper format. fund/grant/apply/grantapps/index.html. competition may be submitted • You must submit all documents To obtain a copy from ED Pubs, write electronically using the Electronic Grant electronically, including the or call the following: ED Pubs, P.O. Box Application System (e-Application) Application for Federal Education 1398, Jessup, MD 20794–1398. accessible through the Department’s e- Assistance (ED 424), Budget Telephone (toll free): 1–877–433–7827. Grants system, or in paper format my Information—Non-Construction FAX: (301) 470–1244. If you use a mail or hand delivery. For information Programs (ED 524), and all necessary telecommunications device for the deaf (including dates and times) about how assurances and certifications. (TDD), you may call (toll free): 1–877– to submit your application • Your electronic application must 576–7734. electronically, or by mail or hand comply with any page limit You may also contact ED Pubs at its delivery, please refer to Section IV. 6. requirements described in this notice. Web site: http://www.ed.gov/pubs/ Other Submission Requirements in this • Prior to submitting your electronic edpubs.html or you may contact ED notice. application, you may wish to download Pubs at its e-mail address: 4. Intergovernmental Review: This it and print a copy of it for your records. [email protected] program is not subject to Executive • After you electronically submit If you request an application from ED Order 12372 and the regulations in 34 your application, you will receive an Pubs, be sure to identify this CFR part 79. automatic acknowledgement that will competition as follows: CFDA Number 5. Funding Restrictions: We reference include a PR/Award number (an 84.133P. regulations outlining funding identifying number unique to your Individuals with disabilities may restrictions in the Applicable application). obtain a copy of the application package Regulations section of this notice. • Within three working days after in an alternative format (e.g., Braille, 6. Other Submission Requirements: submitting your electronic application, large print, audiotape, or computer Applications for grants under this fax a signed copy of the ED 424 to the diskette) by contacting the program competition may be submitted Application Control Center after contact person listed under section VII electronically or in paper format by mail following these steps: of this notice. or hand delivery. 1. Print ED 424 from e-Application. 2. Content and Form of Application a. Electronic Submission of 2. The applicant’s Authorizing Submission: Requirements concerning Applications. Representative must sign this form.

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3. Place the PR/Award number in the Avenue, SW., Washington, DC 20202– V. Application Review Information upper right hand corner of the hard- 4260. You must show proof of mailing Selection Criteria: The selection copy signature page of the ED 424. consisting of one of the following: criteria for this competition are in the 4. Fax the signed ED 424 to the 1. A legibly dated U.S. Postal Service application package. Application Control Center at (202) postmark; 245–6272. 2. A legible mail receipt with the date VI. Award Administration Information • We may request that you provide us of mailing stamped by the U.S. Postal 1. Award Notices: If your application original signatures on other forms at a Service; is successful, we notify your U.S. later date. 3. A dated shipping label, invoice, or Representative and U.S. Senators and Application Deadline Date Extension receipt from a commercial carrier; or send you a Grant Award Notification in Case of System Unavailability: If you 4. Any other proof of mailing (GAN). We may also notify you are prevented from electronically acceptable to the U.S. Secretary of informally. submitting your application on the Education. If your application is not evaluated or application deadline date because the e- If you mail your application through not selected for funding, we notify you. Application system is unavailable, we the U.S. Postal Service, we do not 2. Administrative and National Policy will grant you an extension of one accept either of the following as proof Requirements: We identify business day in order to transmit your of mailing: administrative and national policy application electronically, by mail, or by 1. A private metered postmark, or requirements in the application package hand delivery. We will grant this 2. A mail receipt that is not dated by and reference these and other extension if— the U.S. Postal Service. requirements in the Applicable 1. You are a registered user of e- If your application is post-marked Regulations section of this notice. Application and you have initiated an after the application deadline date, we We reference the regulations outlining electronic application for this will not consider your application. the terms and conditions of an award in competition; and the Applicable Regulations section of 2. (a) The e-Application system is Note: Applicants should note that the U.S. Postal Service does not uniformly provide a this notice and include these and other unavailable for 60 minutes or more dated postmark. Before relying on this specific conditions in the GAN. The between the hours of 8:30 a.m. and 3:30 method, you should check with your local GAN also incorporates your approved p.m., Washington, DC time, on the post office. application as part of your binding application deadline date; or commitments under the grant. (b) The e-Application system is c. Submission of Paper Applications by Hand Delivery. 3. Reporting: At the end of your unavailable for any period of time project period, you must submit a final between 3:30 p.m. and 4:30 p.m., If you submit your application in paper format by hand delivery, you (or performance report, including financial Washington, DC time, on the information, as directed by the application deadline date. a courier service) must hand deliver the original and two copies of your Secretary. If you receive a multi-year We must acknowledge and confirm award, you must submit an annual these periods of unavailability before application, on or before the application deadline date, to the Department at the performance report that provides the granting you an extension. To request most current performance and financial this extension or to confirm our following address: U.S. Department of Education, Application Control Center, expenditure information as specified by acknowledgement of any system the Secretary in 34 CFR 75.118. unavailability, you may contact either Attention: (CFDA Number 84.133P), 550 (1) the person listed elsewhere in this 12th Street, SW., Room 7041, Potomac Note: NIDRR will provide information by notice under FOR FURTHER INFORMATION Center Plaza, Washington, DC 20202– letter to grantees on how and when to submit the report. CONTACT (see VII. Agency Contact) or (2) 4260. the e-Grants help desk at 1–888–336– The Application Control Center 4. Performance Measures: To evaluate 8930. accepts hand deliveries daily between 8 the overall success of its research Extensions referred to in this section a.m. and 4:30 p.m., Washington, DC program, NIDRR assesses the quality of apply only to the unavailability of the time, except Saturdays, Sundays and its funded projects through review of Department’s e-Application system. If Federal holidays. A person delivering grantee performance and products. Each the e-Application system is available, an application must show photo year, NIDRR examines, through its and, for any reason, you are unable to identification to enter the building. annual performance review system, its submit your application electronically Note for Mail or Hand Delivery of ARRT grantees to determine the or you do not receive an automatic Paper Applications:If you mail or hand percentage of NIDRR fellows and post- acknowledgement of your submission, deliver your application to the doctoral trainees who authored or co- you may submit your application in Department: authored publications in refereed paper format by mail or hand delivery 1. You must indicate on the envelope journals based on information and data in accordance with the instructions in and—if not provided by the from NIDRR funding. this notice. Department—in Item 4 of the ED 424 the NIDRR uses information submitted by b. Submission of Paper Applications CFDA number—and suffix letter, if grantees as part of their Annual by Mail. any—of the competition under which Performance Reports (APR) for these If you submit your application in you are submitting your application. reviews. NIDRR also determines, using paper format by mail (through the U.S. 2. The Application Control Center information submitted as part of the Postal Service or a commercial carrier), will mail a Grant Application Receipt APR, the number of publications in you must send the original and two Acknowledgment to you. If you do not refereed journals that are based on copies of your application, on or before receive the notification of application NIDRR-funded research and the application deadline date, to the receipt within 15 days from the mailing development activities. Department at the following address: of your application, you should call the Department of Education program U.S. Department of Education, U.S. Department of Education performance reports, which include Application Control Center, Attention: Application Control Center at (202) information on NIDRR programs, are (CFDA Number 84.133P), 400 Maryland 245–6288. available on the Department’s Web site:

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http://www.ed.gov/offices/OUS/PES/ DEPARTMENT OF ENERGY Friday. Minutes will also be made planning.html. available by writing or calling Ken Environmental Management Site- Updates on the Government Korkia at the address or telephone Specific Advisory Board, Rocky Flats Performance and Results Act (GPRA) number listed above. Board meeting minutes are posted on RFCAB’s Web indicators, revisions and methods AGENCY: Department of Energy. site within one month following each appear in the NIDRR Program Review ACTION: Notice of open meeting. Web site: http://www.cessi.net/pr/grc/ meeting at: http://www.rfcab.org/ index.htm. SUMMARY: This notice announces a Minutes.HTML. Grantees should consult these sites, meeting of the Environmental Issued at Washington, DC on September 24, 2004. on a regular basis, to obtain details and Management Site-Specific Advisory explanations on how NIDRR programs Board (EM SSAB), Rocky Flats. The Rachel M. Samuel, contribute to the advancement of the Federal Advisory Committee Act (Pub. Deputy Advisory Committee Management Department’s long-term and annual L. 92–463, 86 Stat. 770) requires that Officer. performance goals. public notice of this meeting be [FR Doc. 04–21857 Filed 9–28–04; 8:45 am] announced in the Federal Register. BILLING CODE 6450–01–P VII. Agency Contact DATES: Thursday, October 14, 2004, 6 p.m. to 9 p.m. FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF ENERGY ADDRESSES: Broomfield Recreation Donna Nangle, U.S. Department of Center, Lakeshore Room, 280 Lamar Education, 400 Maryland Avenue, SW., Environmental Management Site- Street, Broomfield, CO. room 6030, Potomac Center Plaza, Specific Advisory Board, Paducah Washington, DC 20202. Telephone: FOR FURTHER INFORMATION CONTACT: Ken AGENCY: Department of Energy. (202) 245–7462 or via Internet: Korkia, Board/Staff Coordinator, Rocky ACTION: [email protected]. Flats Citizens Advisory Board, 10808 Notice of open meeting. Highway 93, Unit B, Building 60, Room If you use a telecommunications 107B, Golden, CO, 80403; telephone SUMMARY: This notice announces a device for the deaf (TDD), you may call (303) 966–7855; fax (303) 966–7856. meeting of the Environmental the TDD number at (202) 245–7317 or Management Site-Specific Advisory SUPPLEMENTARY INFORMATION: Purpose of the Federal Information Relay Service Board (EM SSAB), Paducah. The the Board: The purpose of the Board is (FIRS) at 1–800–877–8339. Federal Advisory Committee Act (Pub. to make recommendations to DOE in the L. 92–463, 86 Stat. 770) requires that Individuals with disabilities may areas of environmental restoration, obtain this document in an alternative public notice of these meetings be waste management, and related announced in the Federal Register. format (e.g., Braille, large print, activities. DATES: audiotape, or computer diskette) on Tentative Agenda: Thursday, October 21, 2004— request to the program contact person 1. Presentation on Original Landfill 5:30 p.m.–9:30 p.m. listed in this section. Remediation Proposal/Interim Remedial ADDRESSES: 111 Memorial Drive, Barkley Centre, Paducah, Kentucky VIII. Other Information Action Document 2. Presentation on Deer Tissue 42001. Electronic Access to This Document: Sampling Results FOR FURTHER INFORMATION CONTACT: You may view this document, as well as 3. Other Board business may be William E. Murphie, Deputy Designated all other documents of this Department conducted as necessary Federal Officer (DDFO), Department of published in the Federal Register, in Public Participation: The meeting is Energy, Portsmouth/Paducah Project text or Adobe Portable Document open to the public. Written statements Office, 1017 Majestic Drive, Suite 200, Format (PDF) on the Internet at the may be filed with the Board either Lexington, Kentucky 40513, (859) 219– following site: http://www.ed.gov/news/ before or after the meeting. Individuals 4001. fedregister who wish to make oral statements SUPPLEMENTARY INFORMATION: To use PDF you must have Adobe pertaining to agenda items should Purpose of the Board: The purpose of Acrobat Reader, which is available free contact Ken Korkia at the address or the Board is to make recommendations at this site. If you have questions about telephone number listed above. to DOE in the areas of environmental using PDF, call the U.S. Government Requests must be received at least five restoration, waste management and Printing Office (GPO), toll free, at 1– days prior to the meeting and reasonable related activities. provisions will be made to include the 888–293–6498; or in the Washington, Tentative Agenda DC, area at (202) 512–1530. presentation in the agenda. The Deputy Designated Federal Officer is 5:30 p.m.—Informal Discussion Note: The official version of this document empowered to conduct the meeting in a 6 p.m.—Call to Order; Introductions; is the document published in the Federal fashion that will facilitate the orderly Review Agenda; Approval of Register. Free Internet access to the official conduct of business. Each individual September Minutes edition of the Federal Register and the Code wishing to make public comment will 6:30 p.m.—DDFO’s Comments of Federal Regulations is available on GPO be provided a maximum of five minutes 6:35 p.m.—Federal Coordinator Access at: http://www.gpoaccess.gov/nara/ to present their comments. Comments index.html Minutes: The minutes of this meeting 6:40 p.m.—Ex-Officio Comments will be available for public review and Dated: September 24, 2004. 6:45 p.m.—Public Comments and copying at the office of the Rocky Flats Questions Troy R. Justesen, Citizens Advisory Board, 10808 7 p.m.—Task Forces/Presentations Acting Deputy Assistant, Secretary for Special Highway 93, Unit B, Building 60, Room • Waste Disposition Education and Rehabilitative Services. 107B, Golden, CO 80403; telephone • Water Quality [FR Doc. 04–21848 Filed 9–28–04; 8:45 am] (303) 966–7855. Hours of operations are —Surface Water Operable Unit BILLING CODE 4000–01–P 7:30 a.m. to 4:00 p.m., Monday through • Long Range Strategy/Stewardship

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—Review of Chairs Meeting DEPARTMENT OF ENERGY a.m. and 5 p.m. Monday through Friday, —Review of Risk-Based End State or by writing to Pat Halsey, Department Workshop Environmental Management Site- of Energy Oak Ridge Operations Office, • Community Outreach Specific Advisory Board, Oak Ridge PO Box 2001, EM–90, Oak Ridge, TN Reservation —Web Site Design 37831, or by calling her at (865) 576– 4025. —Community Survey AGENCY: Department of Energy. 8 p.m.—Public Comments and ACTION: Notice of open meeting. Issued at Washington, DC on September 24, 2004. Questions SUMMARY: This notice announces a Rachel M. Samuel, 8:15 p.m.—Break meeting of the Environmental Deputy Advisory Committee Management 8:30 p.m.—Administrative Issues Management Site-Specific Advisory Officer. • Review of Work Plan Board (EM SSAB), Oak Ridge. The [FR Doc. 04–21859 Filed 9–28–04; 8:45 am] • Review of Next Agenda Federal Advisory Committee Act (Pub. BILLING CODE 6450–01–P 8:40 p.m.—Review of Action Items L. No. 92–463, 86 Stat. 770) requires 8:45 p.m.—Subcommittee Reports that public notice of this meeting be • Executive Committee announced in the Federal Register. DEPARTMENT OF ENERGY DATES: Wednesday, October 13, 2004, 6 —Budget Update Office of Fossil Energy 9:00 p.m.—Final Comments p.m. 9:30 p.m.—Adjourn ADDRESSES: DOE Information Center, National Petroleum Council 475 Oak Ridge Turnpike, Oak Ridge, Copies of the final agenda will be TN. AGENCY: Department of Energy. available at the meeting. ACTION: Notice of open meeting FOR FURTHER INFORMATION CONTACT: Pat Public Participation: The meeting is cancellation. Halsey, Federal Coordinator, open to the public. Written statements Department of Energy, Oak Ridge may be filed with the Committee either On September 15, 2004, the Operations Office, PO Box 2001, EM–90, before or after the meeting. Individuals Department of Energy published a Oak Ridge, TN 37831. Phone (865) 576– who wish to make oral statements notice of open meeting announcing a 4025; Fax (865) 576–5333 or e-mail: pertaining to agenda items should September 30, 2004, meeting of the [email protected] or check the Web contact David Dollins at the address National Petroleum Council 69 FR site at http://www.oakridge.doe.gov/em/ listed below or by telephone at (270) 55629. ssab. 441–6819. Requests must be received Today’s notice is announcing the five days prior to the meeting and SUPPLEMENTARY INFORMATION: Purpose of cancellation of that meeting. reasonable provision will be made to the Board: The purpose of the Board is Issued in Washington, DC on September include the presentation in the agenda. to make recommendations to DOE in the 24, 2004. The Deputy Designated Federal Officer areas of environmental restoration, Rachel M. Samuel, is empowered to conduct the meeting in waste management, and related Deputy Advisory Committee Management a fashion that will facilitate the orderly activities. Officer. conduct of business. Each individual Tentative Agenda: [FR Doc. 04–21860 Filed 9–28–04; 8:45 am] • Dynamic verification. wishing to make public comments will BILLING CODE 6450–01–P be provided a maximum of five minutes Public Participation: The meeting is to present their comments as the first open to the public. Written statements item of the meeting agenda. may be filed with the Committee either DEPARTMENT OF ENERGY before or after the meeting. Individuals Minutes: The minutes of this meeting who wish to make oral statements will be available for public review and Federal Energy Regulatory pertaining to agenda items should copying at the Freedom of Information Commission contact Pat Halsey at the address or Public Reading Room, 1E–190, Forrestal telephone number listed above. [Docket Nos. ER04–688–000, ER04–689– Building, 1000 Independence Avenue, 000, ER04–690–000, and ER04–693–000] Requests must be received five days SW., Washington, DC 20585 between 9 prior to the meeting and reasonable a.m. and 4 p.m., Monday–Friday, except Pacific Gas and Electric Company; provision will be made to include the Federal holidays. Minutes will also be Notice of Technical Conference presentation in the agenda. The Deputy available at the Department of Energy’s Designated Federal Officer is September 22, 2004. Environmental Information Center and empowered to conduct the meeting in a Parties are invited to attend a Reading Room at 115 Memorial Drive, fashion that will facilitate the orderly technical conference in the above- Barkley Centre, Paducah, Kentucky conduct of business. Each individual referenced Pacific Gas and Electric between 8 a.m. and 5 p.m. on Monday wishing to make public comment will Company (PG&E) proceedings on thru Friday or by writing to David be provided a maximum of five minutes September 28–29, 2004, at the Dollins, Department of Energy, Paducah to present their comments. This Federal Commission’s Headquarters, 888 First Site Office, Post Office Box 1410, MS– Register notice is being published less Street, NE., Washington, DC 20426. The 103, Paducah, Kentucky 42001 or by than 15 days before the date of the technical conference will be held in calling him at (270) 441–6819. meeting due to programmatic issues that Conference Room 3M2–A/B on both Issued at Washington, DC on September had to be resolved prior to the meeting days. The September 28th technical 24, 2004. date. conference will be held from 9 a.m. Rachel M. Samuel, Minutes: Minutes of this meeting will until 5 p.m. (EST) The September 29th Deputy Advisory Committee Management be available for public review and technical conference will be held from Officer. copying at the Department of Energy’s 9 a.m. until 3 p.m.(EST). Arrangements [FR Doc. 04–21858 Filed 9–28–04; 8:45 am] Information Center at 475 Oak Ridge have been made for parties to listen to BILLING CODE 6450–01–P Turnpike, Oak Ridge, TN between 8 the technical conference by telephone.

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The purpose of the conference is to risks. Outreach, education, and Level 2—Excellence Award identify the issues raised in these intervention projects or programs must Excellence awards are designed to proceedings, develop information for have been in place for at least 6 months. recognize applicants who have Commission staff to use in preparing an Applications are due December 15, demonstrated leadership and a track order on the merits of the arguments 2004, and an awards ceremony will be record in the protection of children from raised, and facilitate any possible held for the winners in Washington, DC, environmental health risks. Outreach, settlements in these proceedings. The in March 2005 education, and intervention projects or parties will discuss, among other things, programs must have been in place for at the following issues related to the FOR FURTHER INFORMATION CONTACT: Contact Carolyn Hubbard, Office of least 6 months. unexecuted agreements filed by PG&E in Applications will be judged based on the above-referenced dockets: (1) The Children’s Health Protection for more information or copies of the application, innovation, effectiveness, ability to parallel operation agreement between measure success, and replication PG&E and Western Area Power USEPA, MC 1107A, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, potential. Ten to twenty award winners Administration (WAPA) (PG&E Original will be invited to an awards ceremony Rate Schedule FERC No. 228); (2) the (202) 564–2189, [email protected]. in Washington, DC in March 2005, interconnection agreement; (3) the where they will receive a plaque. They wholesale distribution tariff service SUPPLEMENTARY INFORMATION: Children will also receive use of the children’s agreement; and (4) related issues to may be more susceptible to environmental health awards logo, these agreements. environmental hazards than adults. recognition on EPA’s Web site and in a Questions about the conference and Their nervous, immune, digestive, and press release, and photos with a senior the telephone conference call other systems are still developing and EPA official. arrangements should be directed to: their ability to metabolize or inactivate Who Should Apply? Individuals, Julia A. Lake, Office of the General toxicants may be different than adults. communities, non-profit organizations, Counsel—Markets, Tariffs and Rates, They eat more food, drink more fluids, schools and universities, governmental Federal Energy Regulatory Commission, and breathe more air in proportion to agencies, and businesses. 888 First Street, NE., Washington, DC their weight than adults, and their 20426, (202) 502–8370, behavior—such as crawling and placing Award Activity Descriptions [email protected]. objects in their mouths—may result in Outreach Magalie R. Salas, greater exposure to environmental contaminants. Outreach efforts increase public Secretary. awareness about children’s [FR Doc. E4–2405 Filed 9–28–04; 8:45 am] Environmental health hazards that environmental health issues. Projects may affect children include: (1) Air BILLING CODE 6717–01–P may include public awareness pollutants, both indoor and ambient; (2) campaigns, public service toxic chemicals such as lead, mercury, announcements, and events to highlight ENVIRONMENTAL PROTECTION arsenic, organochlorines such as the importance of protecting children AGENCY polychlorinated biphenyls, and dioxins; from environmental health risks. (3) endocrine disruptors; (4) [FRL–7821–7] environmental tobacco smoke; (5) Education ultraviolet radiation; (6) water pollution; EPA will recognize projects or Notice of Launch of Children’s (7) pesticides; (8) brominated flame Environmental Health Awards Program programs that teach the public about the retardants; (9) radon; and (10) carbon relationship between their environment AGENCY: Environmental Protection monoxide. Many environmental health and children’s health. Education efforts Agency (EPA). problems can be prevented, managed, may include instruction on how to ACTION: Notice. and treated. EPA encourages improve the environment in order to communities, citizens, and protect children’s health, prevent or SUMMARY: The Office of Children’s organizations to become leaders in reduce exposure to harmful Health Protection at the U.S. protecting our children from environmental agents, or manage Environmental Protection Agency is environmental health hazards. environmentally-related illness. pleased to announce the First Annual Children’s Environmental Health Award Levels Intervention Awards. The awards are designed to Level 1—Recognition Award Intervention programs are designed to increase awareness, stimulate activity, Recognition awards are designed for improve the environment, prevent or and recognize efforts that protect reduce exposure to environmental children from environmental health groups or individuals who have demonstrated a level of commitment to contaminants, or improve the risks at the local, regional, national, and environmental health of children. international level. protect children from environmental risks. Applicants must show that they Programs may include implementing Level One Recognition Awards are policies that protect children from designed for groups or individuals who have initiated outreach, education, or intervention activities. Winners will environmental risks, voluntary efforts, have demonstrated a level of or taking any other action that directly commitment to protect children from receive a certificate of recognition signed by the Director of EPA’s Office of reduces environmental health risks to environmental risks. Applicants must children. show that they have initiated outreach, Children’s Health Protection and use of education, or intervention activities. the children’s environmental health Dated: September 22, 2004. Level Two Excellence Awards are awards logo. William H. Sanders, III, designed to recognize applicants who Who Should Apply? Individuals, Acting Director, Office of Children’s Health have demonstrated leadership and a communities, non-profit organizations, Protection. track record in the protection of schools and universities, and [FR Doc. 04–21802 Filed 9–28–04; 8:45 am] children from environmental health governmental agencies. BILLING CODE 6560–50–P

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ENVIRONMENTAL PROTECTION Arlington, VA. This docket facility is Gulf of Mexico Program (GMP) Citizens AGENCY open from 8:30 a.m. to 4 p.m., Monday Advisory Committee (CAC). through Friday, excluding legal [OPP–2004–0098; FRL–7677–8] DATES: The meeting will be held on holidays. The docket telephone number Tuesday, October 26, 2004, from 8:30 National Pesticide Information Center is (703) 305–5805. a.m. to 4:45 p.m.; Wednesday, October & National Pesticide Medical 2. Electronic access. You may access 27, 2004, from 10 a.m. to 5 p.m.; and Monitoring Program; Notice of Funds this Federal Register document Thursday, October 28, 2004, from 8:30 Availability; Correction electronically through the EPA Internet a.m. to 3:30 p.m. under the ‘‘Federal Register’’ listings ADDRESSES: The meeting will be held at AGENCY: Environmental Protection athttp://www.epa.gov/fedrgstr/. the Hotel Monteleone, 214 Royal Street, Agency (EPA). An electronic version of the public New Orleans, LA 70130 (504–523– docket is available through EPA’s ACTION: Notice; correction. 3341). electronic public docket and comment SUMMARY: EPA issued a notice in the system, EPA Dockets. You may use EPA FOR FURTHER INFORMATION CONTACT: Federal Register of August 23, 2004, Dockets at http://www.epa.gov/edocket/ Gloria D. Car, Designated Federal announcing that EPA’s Office of to submit or view public comments, Officer, Gulf of Mexico Program Office, Pesticide Programs (OPP) is soliciting access the index listing of the contents Mail Code EPA/GMPO, Stennis Space proposals from universities and colleges of the official public docket, and to Center, MS 39529–6000 at (228) 688– to develop or continue the National access those documents in the public 2421. Pesticide Information Center (NPIC) and docket that are available electronically. SUPPLEMENTARY INFORMATION: The the National Pesticide Medical Once in the system, select ‘‘search,’’ proposed agenda includes the following Monitoring Program (NPMMP). This then key in the appropriate docket ID topics: Election of CAC Officers; document is being issued to correct a number. participation in GMP Management date error and to remove text that was Committee Meeting; participation in inadvertently included. II. What Does this Correction Do? Comprehensive Meeting of the GMP In the Federal Register of August 23, FOR FURTHER INFORMATION CONTACT: Focus Teams (Nutrient Enrichment, 2004 (69 FR 51832) (FRL–7365–4) (FR Frank L. Davido, Information Resources Habitat, Public Health, Monitoring/ Doc. 04–19232), EPA published a notice and Services Divison (7502C), Office of Modeling/Research, Communications). soliciting proposals from universities Pesticide Programs, Environmental The meeting is open to the public. Protection Agency, 1200 Pennsylvania and colleges to develop or continue the Ave., NW., Washington, DC 20460– NPIC and the NPMMP. The document Dated: September 22, 2004. 0001; telephone number: (703) 305– listed an incorrect date and text was Gloria D. Car, 7576; fax number: (703) 305–4646; e- inadvertently included. Designated Federal Officer. mail address:[email protected]. The document is corrected as follows: [FR Doc. 04–21807 Filed 9–28–04; 8:45 am] 1. On page 51839, second column, SUPPLEMENTARY INFORMATION: BILLING CODE 6560–50–M Unit H.1., second line, remove the I. General Information phrase‘‘, double spaced’’. 2. On page 51839, third column, A. Does this Action Apply to Me? ENVIRONMENTAL PROTECTION fourth bullet paragraph, remove the AGENCY The Agency included in the Federal phrase ‘‘(not to exceed 10 pages)’’. Register notice of August 23, 2004, a list 3. On page 51840, first column, Unit [OPP–2004–0235; FRL–7680–5] of those who may be potentially affected I.1., sixth line, change ‘‘September 22, by this action. If you have questions 2004’’ to read ‘‘October 7, 2004’’. Fluridone; Tolerance Reassessment regarding the applicability of this action Decision for Low Risk Pesticide; to a particular entity, consult the person List of Subjects Notice of Availability listed underFOR FURTHER INFORMATION Environmental protection, Grants, CONTACT. AGENCY: Environmental Protection Pesticides, Training. Agency (EPA). B. How Can I Get Copies of this ACTION: Notice. Document and Other Related Dated: September 16, 2004. Martha Monell, Information? SUMMARY: This notice announces the Acting Director, Office of Pesticide Programs. 1. Docket. EPA has established an availability of EPA’s Tolerance [FR Doc. 04–21696 Filed 9–28–04; 8:45 am] official public docket for this action Reassessment Decision (TRED) for the under docket identification (ID) BILLING CODE 6560–50–S pesticide fluridone, and opens a public numberOPP–2004–0098. The official comment period on this decision, public docket consists of the documents related risk assessments, and other ENVIRONMENTAL PROTECTION support documents. EPA has reviewed specifically referenced in this action, AGENCY any public comments received, and the low risk pesticide fluridone through other information related to this action. [FRL–7821–9] a modified, streamlined version of the Although a part of the official docket, public participation process that the the public docket does not include Gulf of Mexico Program Citizens Agency uses to involve the public in Confidential Business Information (CBI) Advisory Committee Meeting developing pesticide tolerance or other information whose disclosure is AGENCY: Environmental Protection reassessment and reregistration restricted by statute. The official public Agency (EPA). decisions. Through the tolerance reassessment program, EPA is ensuring docket is the collection of materials that ACTION: Notice of meeting. is available for public viewing at the that all pesticides meet current health Public Information and Records SUMMARY: Under the Federal Advisory and food safety standards. Integrity Branch (PIRIB), Rm. 119, Committee Act (Public Law 92–463), DATES: Comments, identified by docket Crystal Mall #2, 1801 S. Bell St., EPA gives notice of a meeting of the identification (ID) number OPP–2004–

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0235, must be received on or before under the ‘‘Federal Register’’ listings at scanned and placed in EPA’s electronic October 29, 2004 http://www.epa.gov/fedrgstr/. public docket. Where practical, physical ADDRESSES: Comments may be An electronic version of the public objects will be photographed, and the submitted electronically, by mail, or docket is available through EPA’s photograph will be placed in EPA’s through hand delivery/courier. Follow electronic public docket and comment electronic public docket along with a the detailed instructions as provided in system, EPA Dockets. You may use EPA brief description written by the docket Unit I. of the SUPPLEMENTARY Dockets at http://www.epa.gov/edocket/ staff. INFORMATION. to submit or view public comments, access the index listing of the contents C. How and to Whom Do I Submit FOR FURTHER INFORMATION CONTACT: of the official public docket, and to Comments? Wilhelmena Livingston, Special Review access those documents in the public You may submit comments and Reregistration Division (7508C), docket that are available electronically. electronically, by mail, or through hand Office of Pesticide Programs, Once in the system, select ‘‘search,’’ delivery/courier. To ensure proper Environmental Protection Agency, 1200 then key in the appropriate docket ID receipt by EPA, identify the appropriate Pennsylvania Ave., NW., Washington, number. docket ID number in the subject line on DC 20460–0001; telephone number: Certain types of information will not the first page of your comment. Please (703) 308–8025; fax number: (703) 308– be placed in the EPA Dockets. ensure that your comments are 8041; e-mail address: Information claimed as CBI and other submitted within the specified comment [email protected]. information whose disclosure is period. Comments received after the SUPPLEMENTARY INFORMATION: restricted by statute, which is not close of the comment period will be included in the official public docket, I. General Information marked ‘‘late.’’ EPA is not required to will not be available for public viewing consider these late comments. If you A. Does this Action Apply to Me? in EPA’s electronic public docket. EPA’s wish to submit CBI or information that policy is that copyrighted material will This action is directed to the public is otherwise protected by statute, please not be placed in EPA’s electronic public follow the instructions in Unit I.D. Do in general, and may be of interest to a docket but will be available only in wide range of stakeholders including not use EPA Dockets or e-mail to submit printed, paper form in the official public CBI or information protected by statute. environmental, human health, and docket. To the extent feasible, publicly 1. Electronically. If you submit an agricultural advocates; the chemical available docket materials will be made electronic comment as prescribed in this industry; pesticide users; and members available in EPA’s electronic public unit, EPA recommends that you include of the public interested in the sale, docket. When a document is selected your name, mailing address, and an e- distribution, or use of pesticides. Since from the index list in EPA Dockets, the others also may be interested, the system will identify whether the mail address or other contact Agency has not attempted to describe all document is available for viewing in information in the body of your the specific entities that may be affected EPA’s electronic public docket. comment. Also, include this contact by this action. If you have any questions Although, not all docket materials may information on the outside of any disk regarding the applicability of this action be available electronically, you may still or CD ROM you submit, and in any to a particular entity, consult the person access any of the publicly available cover letter accompanying the disk or listed under FOR FURTHER INFORMATION docket materials through the docket CD ROM. This ensures that you can be CONTACT. facility identified in Unit I.B.1. EPA identified as the submitter of the comment and allows EPA to contact you B. How Can I Get Copies of this intends to work towards providing electronic access to all of the publicly in case EPA cannot read your comment Document and Other Related due to technical difficulties or needs Information? available docket materials through EPA’s electronic public docket. further information on the substance of 1. Docket. EPA has established an For public commenters, it is your comment. EPA’s policy is that EPA official public docket for this action important to note that EPA’s policy is will not edit your comment, and any under docket ID number OPP–2004– that public comments, whether identifying or contact information 0235. The official public docket consists submitted electronically or on paper, provided in the body of a comment will of the documents specifically referenced will be made available for public be included as part of the comment that in this action, any public comments viewing in EPA’s electronic public is placed in the official public docket, received, and other information related docket as EPA receives them and and made available in EPA’s electronic to this action. Although, a part of the without change, unless the comment public docket. If EPA cannot read your official docket, the public docket does contains copyrighted material, CBI, or comment due to technical difficulties not include Confidential Business other information whose disclosure is and cannot contact you for clarification, Information (CBI) or other information restricted by statute. When EPA EPA may not be able to consider your whose disclosure is restricted by statute. identifies a comment containing comment. The official public docket is the copyrighted material, EPA will provide i. EPA Dockets. Your use of EPA’s collection of materials that is available a reference to that material in the electronic public docket to submit for public viewing at the Public version of the comment that is placed in comments to EPA electronically is Information and Records Integrity EPA’s electronic public docket. The EPA’s preferred method for receiving Branch (PIRIB), Rm. 119, Crystal Mall entire printed comment, including the comments. Go directly to EPA Dockets #2, 1801 S. Bell St., Arlington, VA. This copyrighted material, will be available at http://www.epa.gov/edocket/, and docket facility is open from 8:30 a.m. to in the public docket. follow the online instructions for 4 p.m., Monday through Friday, Public comments submitted on submitting comments. Once in the excluding legal holidays. The docket computer disks that are mailed or system, select ‘‘search,’’ and then key in telephone number is (703) 305–5805. delivered to the docket will be docket ID number OPP–2004–0235. The 2. Electronic access. You may access transferred to EPA’s electronic public system is an ‘‘anonymous access’’ this Federal Register document docket. Public comments that are system, which means EPA will not electronically through the EPA Internet mailed or delivered to the docket will be know your identity, e-mail address, or

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other contact information unless you docket and EPA’s electronic public livestock, but treated water may be used provide it in the body of your comment. docket. If you submit the copy that does to irrigate food and feed crops or fed to ii. E-mail. Comments may be sent by not contain CBI on disk or CD ROM, livestock. The Agency determined that e-mail to [email protected], mark the outside of the disk or CD ROM the dietary, drinking water, and Attention: Docket ID number OPP– clearly that it does not contain CBI. recreational swimmer risks are not of 2004–0235. In contrast to EPA’s Information not marked as CBI will be concern and no risk mitigation is electronic public docket, EPA’s e-mail included in the public docket and EPA’s required. system is not an ‘‘anonymous access’’ electronic public docket without prior EPA developed the fluridone TRED system. If you send an e-mail comment notice. If you have any questions about through a modified, streamlined version directly to the docket without going CBI or the procedures for claiming CBI, of its public process for making through EPA’s electronic public docket, please consult the person listed under tolerance reassessment and EPA’s e-mail system automatically FOR FURTHER INFORMATION CONTACT. reregistration eligibility decisions. captures your e-mail address. E-mail Through these programs, the Agency is addresses that are automatically E. What Should I Consider as I Prepare ensuring that pesticides meet current captured by EPA’s e-mail system are My Comments for EPA? standards under the Federal Food, Drug, included as part of the comment that is You may find the following and Cosmetic Act (FFDCA) and the placed in the official public docket, and suggestions helpful for preparing your Federal Insecticide, Fungicide, and made available in EPA’s electronic comments: Rodenticide Act (FIFRA), as amended public docket. 1. Explain your views as clearly as by FQPA. EPA must review tolerances iii. Disk or CD ROM. You may submit possible. and tolerance exemptions that were in comments on a disk or CD ROM that 2. Describe any assumptions that you effect when the FQPA was enacted, to you mail to the mailing address used. ensure that these existing pesticide identified in Unit I.C.2. These electronic 3. Provide any technical information residue limits for food and feed submissions will be accepted in and/or data you used that support your commodities meet the safety standard WordPerfect or ASCII file format. Avoid views. established by the new law. Tolerances the use of special characters and any 4. If you estimate potential burden or are considered reassessed once the form of encryption. costs, explain how you arrived at your safety finding has been made or a 2. By mail. Send your comments to: estimate. revocation occurs. EPA has reviewed Public Information and Records 5. Provide specific examples to and made the requisite safety finding for Integrity Branch (PIRIB) (7502C), Office illustrate your concerns. the fluridone tolerances included in this of Pesticide Programs (OPP), 6. Offer alternatives. notice. Environmental Protection Agency, 1200 7. Make sure to submit your EPA is applying the principles of Pennsylvania Ave., NW., Washington, comments by the comment period public participation to all pesticides DC 20460–0001, Attention: Docket ID deadline identified. undergoing reregistration and tolerance number OPP–2004–0235. 8. To ensure proper receipt by EPA, reassessment. In conducting these 3. By hand delivery or courier. Deliver identify the appropriate docket ID programs, the Agency is tailoring its your comments to: Public Information number in the subject line on the first public participation process to be and Records Integrity Branch (PIRIB), page of your response. It would also be commensurate with the level of risk, Office of Pesticide Programs (OPP), helpful, if you provided the name, date, extent of use, complexity of issues, and Environmental Protection Agency, Rm. and Federal Register citation related to degree of public concern associated 119, Crystal Mall #2, 1801 S. Bell St., your comments. with each pesticide. EPA can Arlington, VA, Attention: Docket ID expeditiously reach decisions for number OPP–2004–0235. Such II. Background pesticides like fluridone, which pose no deliveries are only accepted during the A. What Action is the Agency Taking? risk concerns, and require no risk docket’s normal hours of operation as mitigation. Once EPA assesses uses and identified in Unit I.B.1. EPA has reassessed the uses of risks for such pesticides, the Agency fluridone, reassessed 50 existing may go directly to a decision and D. How Should I Submit CBI to the tolerances or legal residue limits, and prepare a document summarizing its Agency? reached a tolerance reassessment findings. Do not submit information that you decision for this low risk pesticide. The The tolerance reassessment program consider to be CBI electronically Agency is issuing for comment the is being conducted under through EPA’s electronic public docket resulting report on Food Quality Congressionally mandated time frames, or by e-mail. You may claim Protection Act (FQPA) Tolerance and EPA recognizes the need both to information that you submit to EPA as Reassessment Progress and Risk make timely decisions and to involve CBI by marking any part or all of that Management Decision for fluridone the public in finding ways to effectively information as CBI (if you submit CBI known as a TRED, as well as related risk mitigate pesticide risks. Fluridone, on disk or CD ROM, mark the outside assessments and technical support however, poses no risks that require of the disk or CD ROM as CBI and then documents. mitigation. The Agency, therefore, is identify electronically within the disk or Fluridone is a systemic herbicide that issuing the Fluridone TRED, its risk CD ROM the specific information that is is used to manage aquatic weeds in assessments, and related support CBI). Information so marked will not be ponds and lakes. It is particularly useful documents simultaneously for public disclosed except in accordance with for the control of hydrilla in the comment. The comment period is procedures set forth in 40 CFR part 2. southern states and eurasian milfoil in intended to provide an opportunity for In addition to one complete version of the northern states. It inhibits carotene public input and a mechanism for the comment that includes any syntheses which causes the loss of initiating any necessary amendments to information claimed as CBI, a copy of chlorophyll. It is typically applied to the the TRED. All comments should be the comment that does not contain the whole water body because it requires a submitted using the methods in Unit I. information claimed as CBI must be contact time of 45–days to be effective. of the SUPPLEMENTARY INFORMATION, and submitted for inclusion in the public Fluridone is not applied to crops or must be received by EPA on or before

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the closing date. These comments will the detailed instructions as provided in holidays. The docket telephone number become part of the Agency docket for Unit I. of the SUPPLEMENTARY is (703) 305–5805. fluridone. Comments received after the INFORMATION. 2. Electronic access. You may access close of the comment period will be FOR FURTHER INFORMATION CONTACT: this Federal Register document marked ‘‘late.’’ EPA is not required to Denise Greenway, Biopesticides and electronically through the EPA Internet consider these late comments. Pollution Prevention Division (7511C), under the ‘‘Federal Register’’ listings at EPA will carefully consider all Office of Pesticides, Environmental http://www.epa.gov/fedrgstr/. comments received by the closing date Protection Agency, 1200 Pennsylvania An electronic version of the public and will provide a Response to Ave., NW., Washington, DC 20460– docket is available through EPA’s Comments Memorandum in the Docket 0001; telephone number: (703) 308– electronic public docket and comment and electronic EDOCKET. If any 8263; e-mail system, EPA Dockets. You may use EPA comment significantly affects the address:[email protected]. Dockets at http://www.epa.gov/edocket/ document, EPA also, will publish an to submit or view public comments, amendment to the TRED in the Federal SUPPLEMENTARY INFORMATION: access the index listing of the contents Register. In the absence of substantive I. General Information of the official public docket, and to comments requiring changes, the access those documents in the public decisions reflected in the TRED will be A. Does this Action Apply to Me? docket that are available electronically. implemented as presented. You may be potentially affected by Once in the system, select ‘‘search,’’ B. What is the Agency’s Authority for this action if you are an agricultural then key in the appropriate docket ID Taking this Action? producer, food manufacturer, or number. pesticide manufacturer. Potentially Certain types of information will not Section 408(q) of the FFDCA, 21 affected entities may include, but are be placed in the EPA Dockets. U.S.C. 346a(q), requires EPA to review not limited to: Information claimed as CBI and other tolerances and exemptions for pesticide • Crop production (NAICS 111) information whose disclosure is residues in effect as of August 2, 1996, • Animal production (NAICS 112) restricted by statute, which is not to determine whether the tolerance or • Food manufacturing (NAICS 311) included in the official public docket, exemption meets the requirements of • Pesticide manufacturing (NAICS will not be available for public viewing section 408(b)(2) or (c)(2) of FFDCA. 32532) in EPA’s electronic public docket. EPA’s This review is to be completed by This listing is not intended to be policy is that copyrighted material will August 3, 2006. exhaustive, but rather provides a guide not be placed in EPA’s electronic public List of Subjects for readers regarding entities likely to be docket but will be available only in affected by this action. Other types of printed, paper form in the official public Environmental protection, Pesticides docket. To the extent feasible, publicly and pests. entities not listed in this unit could also be affected. The North American available docket materials will be made Dated: September 20, 2004. Industrial Classification System available in EPA’s electronic public Debra Edwards, (NAICS) codes have been provided to docket. When a document is selected Director, Special Review and Reregistration assist you and others in determining from the index list in EPA Dockets, the Division, Office of Pesticide Programs. whether this action might apply to system will identify whether the [FR Doc. 04–21585 Filed 9–28–04; 8:45 am] certain entities. If you have any document is available for viewing in BILLING CODE 6560–50–S questions regarding the applicability of EPA’s electronic public docket. this action to a particular entity, consult Although not all docket materials may the person listed under FOR FURTHER be available electronically, you may still ENVIRONMENTAL PROTECTION INFORMATION CONTACT. access any of the publicly available AGENCY docket materials through the docket B. How Can I Get Copies of this [OPP–2004–0314; FRL–7679–2] facility identified in Unit I.B.1. EPA Document and Other Related intends to work towards providing Information? Pesticide Product; Registration electronic access to all of the publicly Applications 1. Docket. EPA has established an available docket materials through official public docket for this action EPA’s electronic public docket. AGENCY: Environmental Protection under docket identification (ID) number For public commenters, it is Agency (EPA). OPP–2004–0314. The official public important to note that EPA’s policy is ACTION: Notice. docket consists of the documents that public comments, whether specifically referenced in this action, submitted electronically or in paper, SUMMARY: This notice announces receipt any public comments received, and will be made available for public of applications to register pesticide other information related to this action. viewing in EPA’s electronic public products containing new active Although a part of the official docket, docket as EPA receives them and ingredients not included in any the public docket does not include without change, unless the comment previously registered products pursuant Confidential Business Information (CBI) contains copyrighted material, CBI, or to the provisions of section 3(c)(4) of the or other information whose disclosure is other information whose disclosure is Federal Insecticide, Fungicide, and restricted by statute. The official public restricted by statute. When EPA Rodenticide Act (FIFRA), as amended. docket is the collection of materials that identifies a comment containing DATES: Written comments, identified by is available for public viewing at the copyrighted material, EPA will provide the docket identification (ID) number Public Information and Records a reference to that material in the OPP–2004–0314, must be received on or Integrity Branch (PIRIB), Rm. 119, version of the comment that is placed in before October 29, 2004. Crystal Mall #2, 1801 S. Bell St., EPA’s electronic public docket. The ADDRESSES: Comments may be Arlington, VA. This docket facility is entire printed comment, including the submitted electronically, by mail, or open from 8:30 a.m. to 4 p.m., Monday copyrighted material, will be available through hand delivery/courier. Follow through Friday, excluding legal in the public docket.

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Public comments submitted on system, select ‘‘search,’’ and then key in In addition to one complete version of computer disks that are mailed or docket ID number OPP–2004–0314. The the comment that includes any delivered to the docket will be system is an ‘‘anonymous access’’ information claimed as CBI, a copy of transferred to EPA’s electronic public system, which means EPA will not the comment that does not contain the docket. Public comments that are know your identity, e-mail address, or information claimed as CBI must be mailed or delivered to the Docket will other contact information unless you submitted for inclusion in the public be scanned and placed in EPA’s provide it in the body of your comment. docket and EPA’s electronic public electronic public docket. Where ii. E-mail. Comments may be sent by docket. If you submit the copy that does practical, physical objects will be e-mail to [email protected], not contain CBI on disk or CD ROM, photographed, and the photograph will Attention: Docket ID Number OPP– mark the outside of the disk or CD ROM be placed in EPA’s electronic public 2004–0314. In contrast to EPA’s clearly that it does not contain CBI. docket along with a brief description electronic public docket, EPA’s e-mail Information not marked as CBI will be written by the docket staff. system is not an ‘‘anonymous access’’ included in the public docket and EPA’s C. How and To Whom Do I Submit system. If you send an e-mail comment electronic public docket without prior Comments? directly to the docket without going notice. If you have any questions about through EPA’s electronic public docket, CBI or the procedures for claiming CBI, You may submit comments EPA’s e-mail system automatically please consult the person listed under electronically, by mail, or through hand captures your e-mail address. E-mail FOR FURTHER INFORMATION CONTACT. delivery/courier. To ensure proper addresses that are automatically receipt by EPA, identify the appropriate E. What Should I Consider as I Prepare 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 the first page of your comment. Please placed in the official public docket, and You may find the following ensure that your comments are made available in EPA’s electronic suggestions helpful for preparing your submitted within the specified comment public docket. comments: period. Comments received after the iii. Disk or CD ROM. You may submit 1. Explain your views as clearly as close of the comment period will be comments on a disk or CD ROM that possible. marked ‘‘late.’’ EPA is not required to you mail to the mailing address 2. Describe any assumptions that you consider these late comments. If you used. wish to submit CBI or information that identified in Unit I.C.2. These electronic submissions will be accepted in 3. Provide copies of any technical is otherwise protected by statute, please information and/or data you used that follow the instructions in Unit I.D. Do WordPerfect or ASCII file format. Avoid the use of special characters and any support your views. not use EPA Dockets or e-mail to submit 4. If you estimate potential burden or form of encryption. CBI or information protected by statute. costs, explain how you arrived at the 2. By mail. Send your comments to: 1. Electronically. If you submit an estimate that you provide. electronic comment as prescribed in this Public Information and Records 5. Provide specific examples to unit, EPA recommends that you include Integrity Branch (PIRIB), Office of illustrate your concerns. your name, mailing address, and an e- Pesticide Programs (OPP), 6. Offer alternative ways to improve mail address or other contact Environmental Protection Agency the registration activity. information in the body of your (7502C), 1200 Pennsylvania Ave., NW., 7. Make sure to submit your comment. Also include this contact Washington, DC 20460–0001, Attention: comments by the deadline in this information on the outside of any disk Docket ID Number OPP–2004–0314. notice. or CD ROM you submit, and in any 3. By hand delivery or courier. Deliver 8. To ensure proper receipt by EPA, cover letter accompanying the disk or your comments to:Public Information be sure to identify the docket ID number CD ROM. This ensures that you can be and Records Integrity Branch (PIRIB), assigned to this action in the subject identified as the submitter of the Office of Pesticide Programs (OPP), line on the first page of your response. comment and allows EPA to contact you Environmental Protection Agency, Rm. You may also provide the name, date, in case EPA cannot read your comment 119, Crystal Mall #2, 1801 S. Bell St., and Federal Register citation. due to technical difficulties or needs Arlington, VA, Attention: Docket ID further information on the substance of Number OPP–2004–0314. Such II. Registration Applications your comment. EPA’s policy is that EPA deliveries are only accepted during the EPA received applications as follows will not edit your comment, and any docket’s normal hours of operation as to register pesticide products containing identifying or contact information identified in Unit I.B.1. active ingredients not included in any provided in the body of a comment will D. How Should I Submit CBI to the previously registered products pursuant be included as part of the comment that Agency? to the provision of section 3(c)(4) of is placed in the official public docket, FIFRA. Notice of receipt of these and made available in EPA’s electronic Do not submit information that you applications does not imply a decision public docket. If EPA cannot read your consider to be CBI electronically by the Agency on the applications. comment due to technical difficulties through EPA’s electronic public docket and cannot contact you for clarification, or by e-mail. You may claim Products Containing Active Ingredients EPA may not be able to consider your information that you submit to EPA as not Included in any Previously comment. CBI by marking any part or all of that Registered Products i. EPA Dockets. Your use of EPA’s information as CBI (if you submit CBI 1. File Symbol: 70950–G. Applicant: electronic public docket to submit on disk or CD ROM, mark the outside AVA Chemical Ventures, L,L.C., 80 comments to EPA electronically is of the disk or CD ROM as CBI and then Rochester Avenue, Suite 214, EPA’s preferred method for receiving identify electronically within the disk or Portsmouth, NH 03801. Product Name: comments. Go directly to EPA Dockets CD ROM the specific information that is Avachem Sorbitol Octanoate 90%. at http://www.epa.gov/edocket/, and CBI). Information so marked will not be Insecticide. Active ingredient: Sorbitol follow the online instructions for disclosed except in accordance with Octanoate at 90%. Proposed submitting comments. Once in the procedures set forth in 40 CFR part 2. classification/Use: None. An end use

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product to be used on all food pesticide manufacturer. Potentially be available electronically, you may still commodities. affected entities may include, but are access any of the publicly available 2. File Symbol: 70950–U. Applicant: not limited to: docket materials through the docket AVA Chemical Ventures, L,L.C. Product • Crop production (NAICS code facility identified in Unit I.B.1. Once in Name: Avachem Sorbitol Octanoate 111) the system, select ‘‘search,’’ then key in • Manufacturing Use Product. Insecticide. Animal production (NAICS code the appropriate docket ID number. Active ingredient: Sorbitol Octanoate at 112) • Food manufacturing (NAICS code Certain types of information will not 90.35%. Proposed classification/Use: be placed in the EPA Dockets. None. For manufacturing use only. 311) • Pesticide manufacturing (NAICS Information claimed as CBI and other List of Subjects code 32532) information whose disclosure is Environmental protection, Pesticides This listing is not intended to be restricted by statute, which is not and pest. exhaustive, but rather provides a guide included in the official public docket, for readers regarding entities likely to be will not be available for public viewing Dated: September 17, 2004. affected by this action. Other types of in EPA’s electronic public docket. EPA’s Janet L. Andersen, entities not listed in this unit could also policy is that copyrighted material will Director, Biopesticides and Pollution be affected. The North American not be placed in EPA’s electronic public Prevention Division, Office of Pesticide Industrial Classification System docket but will be available only in Programs. (NAICS) codes have been provided to printed, paper form in the official public [FR Doc. 04–21805 Filed 9–28–04; 8:45am] assist you and others in determining docket. To the extent feasible, publicly BILLING CODE 6560–50–S whether this action might apply to available docket materials will be made certain entities. If you have any available in EPA’s electronic public questions regarding the applicability of docket. When a document is selected ENVIRONMENTAL PROTECTION this action to a particular entity, consult from the index list in EPA Dockets, the AGENCY the person listed under FOR FURTHER system will identify whether the [OPP–2004–0311; FRL–7679–1] INFORMATION CONTACT. document is available for viewing in EPA’s electronic public docket. B. How Can I Get Copies of this Sorbitol Octanoate; Notice of Filing a Although, not all docket materials may Document and Other Related Pesticide Petition to Establish a be available electronically, you may still Information? Tolerance for a Certain Pesticide access any of the publicly available Chemical in or on Food 1. Docket. EPA has established an docket materials through the docket official public docket for this action facility identified in Unit I.B.1. EPA AGENCY: Environmental Protection under docket identification (ID) number intends to work towards providing Agency (EPA). OPP–2004–0311. The official public electronic access to all of the publicly ACTION: Notice. docket consists of the documents available docket materials through specifically referenced in this action, SUMMARY: EPA’s electronic public docket. This notice announces the any public comments received, and For public commenters, it is initial filing of a pesticide petition other information related to this action. important to note that EPA’s policy is proposing the establishment of Although, a part of the official docket, that public comments, whether regulations for residues of a certain the public docket does not include submitted electronically or on paper, pesticide chemical in or on various food Confidential Business Information (CBI) will be made available for public commodities. or other information whose disclosure is viewing in EPA’s electronic public DATES: Comments, identified by docket restricted by statute. The official public docket as EPA receives them and identification (ID) number OPP–2004– docket is the collection of materials that without change, unless the comment 0311 must be received on or before is available for public viewing at the contains copyrighted material, CBI, or October 29, 2004. Public Information and Records other information whose disclosure is ADDRESSES: Comments may be Integrity Branch (PIRIB), Rm. 119, restricted by statute. When EPA submitted electronically, by mail, or Crystal Mall #2, 1801 S. Bell St., identifies a comment containing through hand delivery/courier. Follow Arlington, VA. This docket facility is copyrighted material, EPA will provide the detailed instructions as provided in open from 8:30 a.m. to 4 p.m., Monday a reference to that material in the Unit I. of the SUPPLEMENTARY through Friday, excluding legal version of the comment that is placed in INFORMATION. holidays. The docket telephone number EPA’s electronic public docket. The is (703) 305–5805. FOR FURTHER INFORMATION CONTACT: entire printed comment, including the Denise Greenway, Biopesticides and 2. Electronic access. You may access this Federal Register document copyrighted material, will be available Pollution Prevention Division (7511C), in the public docket. Office of Pesticide Programs, electronically through the EPA Internet Environmental Protection Agency, 1200 under the ‘‘Federal Register’’ listings at Public comments submitted on Pennsylvania Ave., NW., Washington, http://www.epa.gov/fedrgstr/. computer disks that are mailed or DC 20460–0001; telephone number: An electronic version of the public delivered to the docket will be (703) 308–8263; e-mail address: docket is available through EPA’s transferred to EPA’s electronic public [email protected]. electronic public docket and comment docket. Public comments that are system, EPA Dockets. You may use EPA mailed or delivered to the docket will be SUPPLEMENTARY INFORMATION: Dockets at http://www.epa.gov/edocket/ scanned and placed in EPA’s electronic I. General Information to submit or view public comments, public docket. Where practical, physical access the index listing of the contents objects will be photographed, and the A. Does this Action Apply to Me? of the official public docket, and to photograph will be placed in EPA’s You may be potentially affected by access those documents in the public electronic public docket along with a this action if you are an agricultural docket that are available electronically. brief description written by the docket producer, food manufacturer, or Although, not all docket materials may staff.

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C. How and to Whom Do I Submit system. If you send an e-mail comment notice. If you have any questions about Comments? directly to the docket without going CBI or the procedures for claiming CBI, You may submit comments through EPA’s electronic public docket, please consult the person listed under electronically, by mail, or through hand EPA’s e-mail system automatically FOR FURTHER INFORMATION CONTACT. delivery/courier. To ensure proper captures your e-mail address. E-mail addresses that are automatically E. What Should I Consider as I Prepare receipt by EPA, identify the appropriate My Comments for EPA? docket ID number in the subject line on captured by EPA’s e-mail system are You may find the following the first page of your comment. Please included as part of the comment that is suggestions helpful for preparing your ensure that your comments are placed in the official public docket, and comments: submitted within the specified comment made available in EPA’s electronic 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–2004–0311. 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, 1801 S. Bell St., in case EPA cannot read your comment Arlington, VA, Attention: Docket ID EPA has received a pesticide petition due to technical difficulties or needs number OPP–2004–0311. Such as follows proposing the establishment further information on the substance of deliveries are only accepted during the and/or amendment of regulations for your comment. EPA’s policy is that EPA docket’s normal hours of operation as residues of a certain pesticide chemical will not edit your comment, and any 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); comment due to technical difficulties or by e-mail. You may claim however, EPA has not fully evaluated and cannot contact you for clarification, information that you submit to EPA as the sufficiency of the submitted data at EPA may not be able to consider your CBI by marking any part or all of that this time or whether the data support comment. information as CBI (if you submit CBI granting of the petition. Additional data i. EPA Dockets. Your use of EPA’s on disk or CD ROM, mark the outside may be needed before EPA rules on the electronic public docket to submit of the disk or CD ROM as CBI and then petition. comments to EPA electronically is identify electronically within the disk or List of Subjects EPA’s preferred method for receiving CD ROM the specific information that is comments. Go directly to EPA Dockets CBI). Information so marked will not be Environmental protection, at http://www.epa.gov/edocket/, and disclosed except in accordance with Agricultural commodities, Feed follow the online instructions for procedures set forth in 40 CFR part 2. additives, Food additives, Pesticides submitting comments. Once in the In addition to one complete version of and pests, Reporting and recordkeeping system, select ‘‘search,’’ and then key in the comment that includes any requirements. docket ID number OPP–2004–0311. The information claimed as CBI, a copy of Dated: September 16, 2004. system is an ‘‘anonymous access’’ the comment that does not contain the Janet L. Andersen, system, which means EPA will not information claimed as CBI must be Director, Biopesticides and Pollution know your identity, e-mail address, or submitted for inclusion in the public Prevention Division, Office of Pesticide other contact information unless you docket and EPA’s electronic public Programs. provide it in the body of your comment. docket. If you submit the copy that does ii. E-mail. Comments may be sent by not contain CBI on disk or CD ROM, Summary of Petition e-mail to [email protected], mark the outside of the disk or CD ROM The petitioner’s summary of the Attention: Docket ID number OPP– clearly that it does not contain CBI. pesticide petition is printed below as 2004–0311. In contrast to EPA’s Information not marked as CBI will be required by FFDCA section 408(d)(3). electronic public docket, EPA’s e-mail included in the public docket and EPA’s The summary of the petition was system is not an ‘‘anonymous access’’ electronic public docket without prior prepared by AVA Chemical Ventures,

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L.L.C. and represents the view of the that water has been removed from the cosmetic ingredient use. The Panel petitioner. The petition summary main sorbitol structure. concluded that metabolism of the announces the availability of a Following use as a plant insecticide, sorbitan esters in animals occurs via description of the analytical methods sorbitol octanoate hydrolyzes rapidly enzymatic hydrolysis to sorbitan and available to EPA for the detection and into its starting ingredients, sorbitol and the corresponding natural fatty acids. measurement of the pesticide chemical caprylic acid which biodegrade rapidly These substances in turn metabolize residues or an explanation of why no in the environment. further to either smaller and more polar such method is needed. 2. Magnitude of residue at the time of water-soluble metabolites excretable in harvest and method used to determine the urine or as carbon dioxide exhaled AVA Chemical Ventures, L.L.C. the residue. Rapid hydrolysis and in the lungs. PP 2E6389 biodegradation ensure that the residue Primary eye irritation studies were of sorbitol octanoate at time of harvest performed on rabbits by AVA Chemical EPA has received a peticide petition will be minor. Ventures, L.L.C. with manufacturing use (PP 2E6389) from AVA Chemical 3. A statement of why an analytical product (MUP) sucrose octanoate fatty Ventures, L.L.C., 80 Rochester Avenue, method for detecting and measuring the acid esters and with MUP sorbitol Suite 214, Portsmouth, NH 03801. This levels of the pesticide residue are not octanoate. MUP sucrose fatty acid esters petition proposes, pursuant to section needed. An analytical method for were found to be severely irritating to 408(d) of the Federal Food, Drug, and residues is not applicable as this the eye and sorbitol octanoate was Cosmetic Act (FFDCA), 21 U.S.C. petition proposes an exemption from found to cause substantial but 346a(d), to amend 40 CFR part 180 by the requirement of a tolerance. temporary eye injury. establishing tolerances for the residues Primary skin irritation studies of the insecticide sorbitol octanoate in C. Mammalian Toxicological Profile performed on rabbits by AVA Chemical or on all food agricultural commodities. Sorbitol octanoate is chemically Ventures, L.L.C. with MUP and end use A. Product Name and Proposed Use similar to certain sorbitan esters and product (EUP) sucrose octanoate fatty Practices sucrose fatty acid esters which are acid esters were submitted to EPA in approved for use as food emulsifiers and connection with the registration of that Sorbitol octanoate is a fatty acid ester post-harvest protective fruit coatings. compound as a pesticide active made with sorbitol and caprylic acid Both sorbitan esters and sucrose fatty ingredient. Both the MUP and the EUP derived from edible oils and fats. It is a acid esters have been examined in a were found to be slightly irritating to the contact insecticide that is effective number of toxicological studies skin. against soft-bodied insects and mites. prepared in connection with their The Cosmetic Ingredient Review The modes of action are physical, approval by the FDA and other Expert Panel published a whereby the surfactant effect of sorbitol regulatory bodies. comprehensive review of sorbitan fatty octanoate either causes rapid 1. Acute toxicity. Sorbitan esters, acid esters titled, ‘‘Final Report on the suffocation or de-waxes the cuticle of sucrose fatty acid esters and Safety Assessment of Sorbitan the target insect, causing it to lose body sucroglycerides were evaluated by the Caprylate, Sorbitan Cocoate, Sorbitan fluids and dessicate. World Health Organization (WHO) for Diiostearate, Sorbitan Dioleate, Sorbitan Sorbitol octanoate is sprayed in a acceptable daily intake (ADI) for man in Distearate, Sorbitan Isostearate, Sorbitan water solution at a rate of 0.5–1.0% 1969, 1973, 1976, 1980, and 1982. Olivate, Sorbitan Sesquiiostearate, volume/volume throughout the growing WHO Food Additive Series No. 17 Sorbitan Sesquistearate and Sorbitan season to control soft-bodied insects and (1982), titled, ‘‘Sorbitan Monoesters of Triiostearate,’’ International Journal of mites. Treatments may be applied up to Palmitic, Stearic, Oleic and Lauric Toxicology. (2002). The study the day of harvest. Acids and Triesters of Stearic Acid,’’ concluded that the sorbitan fatty acid B. Product Identity/Chemistry examined available animal feeding esters were generally minimal to mild studies and concluded that a daily skin irritants in various animal studies 1. Identity of the pesticide and intake in the diet of the rat of 50,000 and were generally not ocular irritants. corresponding residues. Sorbitol parts per million (ppm) (5%) causes no The Expert Panel concluded that the octanoate is manufactured by the toxicological effect. This level of intake sorbitan fatty acid esters are safe as used esterification of sorbitol, a food-grade is equivalent to 2,500 milligrams/ in cosmetic formulations at sweetener, and caprylic acid derived kilogram (mg/kg) of body weight (bwt). concentrations of up to 20%. from 21 CFR-approved edible oils or An estimate of acceptable daily intake 2. Genotoxicity. The components of fats. Sorbitol is a hexahydric alcohol in man is 0–25 milligrams/kilogram sorbitol octanoate (sorbitol and caprylic with about half the sweetness of sucrose (mg/kg) of body weight. acid) already have regulatory approval that occurs naturally in many plants, WHO Food Additive Series No. 15 and are commonly consumed in foods. including cherries, plums, pears, apples (1980), titled, ‘‘Toxicological Evaluation Caprylic acid (octanoic acid) is and seaweeds. Caprylic acid (octanoic of Certain Food Additives,’’ reports on approved by the FDA as a generally acid) is obtained from coconut oil or the results of sucrose fatty acid esters recognized as safe (GRAS) substance palm kernel oil where it is present in administered in short-term feeding and direct food additive. (21 CFR concentrations of 5.8% and 3–4.5%, studies to dogs and a long-term feeding 184.1025 and 21 CFR 172.860). Sorbitol respectively. study of rats. No effects attributable to has been affirmed as GRAS by the FDA Sorbitol octanoate is chemically the ingestion of sucrose fatty acid esters and is widely used as a sweetener in similar to certain sorbitan esters which were found in any of the studies. The foods (21 CFR 184.1835). are approved by the Food and Drug WHO concluded the ingestion level in 3. Reproductive and developmental Administration (FDA) for direct rat to be 10,000 ppm (1.0%) in the diet, toxicity. Sorbitol octanoate is addition to food for human equivalent to 500 mg/kg of bwt. chemically similar to sucrose fatty acid consumption (21 CFR 172.836, 172.838, The American Chemical Council’s esters. In 1976, in WHO Food Additive 172.840 and 172.842). The only Aliphatic Esters Panel evaluated the Series No. 10, the WHO reported on the difference between the sorbitan esters mammalian toxicity of the sorbitan results of a reproduction study over and sorbitol octanoate is in the degree esters that are approved for food and three generations of rats using sucrose

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fatty acid esters at 0 and 1% of the diet approved for direct addition to food for certainty that no harm to the U.S. for control and test groups, respectively. human consumption (21 CFR 172.842, population will result from aggregate Mean litter size, physical appearance 172 836, 172.838, 172.840) and to exposure to sorbitol octanoate used as and growth of litter were comparable sucrose fatty acid esters which are FDA- an insecticide. among test and control groups. approved as food emulsifiers and as 2. Infants and children. Sorbitol A 1986 study concluded that sorbitol coatings for certain fruits (21 CFR octanoate is manufactured from edible administered in the diet to three 172.859). raw materials that are widely used in successive generations of rats at levels The FAO/WHO Joint Expert foods. Sorbitol octanoate is chemically up to 10% had no adverse effect on Committee on Food Additives has similar to sorbitan esters which are growth or reproductive performance in evaluated sorbitan monoesters of approved for direct addition to food for either sex. palmitic, stearic, oleic and lauric acids, human consumption and to sucrose 4. Subchronic toxicity. WHO Food and triesters of stearic acids and has fatty acid esters that are approved for Additive Series No. 15 (1980) reports established an acceptable ADI of 0–25 use as food emulsifiers and as protective the findings of a study in which sucrose mg/kg bwt/day. The FAO/WHO has coatings applied to fruits. Due to the fatty acid esters made from beef tallow established an acceptable ADI of 10 mg/ extensive data base documenting the were fed to beagle dogs at kg of bwt for sucrose fatty acid esters. low toxicity of the sorbitan esters and concentrations of 3,000, 10,000, or Current world consumption of the sucrose fatty acid esters, AVA 30,000 ppm for 26 weeks. A control sucrose fatty acid esters in food Chemical Ventures, L.L.C. does not group was fed an identical diet with the applications is estimated to be 7,000 believe a safety factor analysis is exception of the sucrose fatty acid metric tons and consumption of sorbitan necessary in assessing the risk of esters. Body weight changes, food esters in food applications is estimated sorbitol octanoate used as an intake, and water consumption were not to be 50,000 metric tons. Pesticide use insecticide. For the same reason, AVA affected by the administration of the of sorbitol octanoate and sucrose fatty Chemical Ventures, L.L.C. believes an esters. The opthalmic and haemotologic acid esters would increase usage by additional safety factor analysis is examinations, urinalysis, organ weights, approximately 2,000 metric tons. As the unnecessary. and macroscopic examinations revealed ester bond is one of the weakest in no adverse effects which could be nature, the sorbitol octanoate applied to G. Effects on the Immune and Endocrine attributed to the intake of the sucrose crops will hydrolyze into its constituent Systems fatty acid esters. The blood chemistry ingredients which will themselves studies showed that the majority of biodegrade prior to consumption of the Sorbitol octanoate is not derived from parameters measured were within crops to which it is applied. nor contains any compounds which are acceptable limits. ii. Drinking water. No drinking water known to be, or suspected to be, 5. Chronic toxicity. An unpublished exposure is anticipated as sorbitol endocrine disruptors. paper titled ‘‘Study of Chronic Toxicity octanoate is not soluble in water and H. Existing Tolerances of a Sucrose Ester of Fatty Acids’’ biodegrades rapidly following use. (undated) was submitted to the FDA in 2. Non-dietary exposure. Non- Sorbitol octanoate esters are connection with the registration of occupational, non-dietary exposure is chemically similar to sorbitan esters sucrose fatty acid esters as food highly unlikely given that inhalation or which are approved for direct addition additives. For up to 76, weeks mice and dermal absorption of sorbitol octanoate to food for human consumption and to rats were fed standard feed to which are not feasible. sucrose fatty acid esters which are had been added up to 3.0% sucrose fatty E. Cumulative Exposure approved for use as food emulsifiers and acid esters. Animals were examined for as protective fruit coatings under 21 body weight, feed consumption, Sorbitol octanoate is a non-toxic CFR 172.859 and to certain sorbitan hematological findings, organ weights, material made from edible starting esters which are approved under 21 CFR and histopathology of organs. No materials (sorbitol and caprylic acid), 172.842, 172.836, 172.838, and 172.840 particular changes resulting from which are commonly consumed in for direct addition to food for human administration of sucrose fatty acid foods. Sorbitol octanoate biodegrades consumption. rapidly following use. A cumulative risk esters were found. An exemption from the requirement 6. Animal metabolism. Sorbitol assessment is therefore not necessary. of a tolerance has been established for octanoate is manufactured from fatty F. Safety Determination residues of sucrose octanoate esters in acids produced from 21 CFR-approved or on all food commodities when used edible fats and oils. 1. U.S. population. Sorbitol octanoate 7. Metabolite toxicology. The is manufactured from raw materials in accordance with good agricultural components of sorbitol octanoate (sorbitol and caprylic acid) that are practies. (40 CFR 180.1222). (sorbitol and caprylic acid) already have affirmed as GRAS and are commonly I. International Tolerances regulatory approval and are commonly used in foods. Sorbitol octanoate is used in foods. Caprylic acid (octanoic chemically similar to sorbitan esters Sorbitol octanoate esters are acid) is obtained from coconut oil or which are FDA-approved under 21 CFR chemically similar to sorbitan esters and palm kernel oil where it is present at 172.842, 172.836, 172.838, and 172.840 to sucrose fatty acid esters. Sucrose fatty concentrations of 5.8% and 3.0–4.5%, for direct addition to food for human acid esters are approved for use as food respectively. Caprylic acid (octanoic consumption and to sucrose fatty acid emulsifiers in Europe under E–470 and acid) is approved by the FDA as a GRAS esters which are approved as food by the Joint FAO Expert Committee on substance and direct food additive (21 emulsifiers and fruit coatings under 21 Food Additives at an ADI of 10 mg/kg CFR 184.1025 and 21 CFR 172.860). CFR 172.859 and to certain sorbitan bwt/day. Sorbitan esters are approved in esters which are approved under 21 CFR Europe for use as food emulsifiers under D. Aggregate Exposure 172.842, 172.836, 172.838, and 172.840 various E numbers and are also 1. Dietary exposure—i. Food. Sorbitol for direct addition to food for human approved by the joint FAO/WHO Expert octanoate is chemically similar to consumption. Based on these materials’ Committee on Food Additives at an ADI certain sorbitan esters which are FDA- low-risk profiles, there is reasonable of up to 25 mg/kg bwt/day.

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There are no CODEX maximum Title: Transpacific Stabilization Filing Party: David F. Smith, Esq.; residue levels established for residues of Agreement Sher & Blackwell LLP; 1850 M Street, sorbitol octanoate. Parties: APL Co. Pte. Ltd.; American NW.; Suite 900; Washington, DC 20036. President Lines, Ltd.; CMA CGM, S.A.; Synopsis: The amendment deletes [FR Doc. 04–21588 Filed 9–28–04; 8:45 am] COSCO Container Lines Ltd.; Evergreen American President Lines, Ltd. and BILLING CODE 6560–50–S Marine Corp. (Taiwan) Ltd.; Hanjin adds Evergreen Marine Corp. (Taiwan) Shipping Co., Ltd.; Hapag-Lloyd Ltd. as parties to the agreement; updates Container Linie GmbH; Hyundai Zim’s corporate name; and deletes FEDERAL MARITIME COMMISSION Merchant Marine Co., Ltd.; Kawasaki unnecessarily repetitive language. Kisen Kaisha, Ltd.; Mitsui O.S.K. Lines, Notice of Agreements Filed Agreement No.: 011527–009. Ltd.; Nippon Yusen Kaisha; Orient Title: East Coast Americas Service. The Commission hereby gives notice Overseas Container Line Limited; P&O Parties: Hanjin Shipping Co., Ltd.; of the filing of the following agreements Nedlloyd B.V.; P&O Nedlloyd Limited; Kawasaki Kisen Kaisha, Ltd.; Mitsui under the Shipping Act of 1984. and Yangming Marine Transport Corp. O.S.K. Lines, Ltd.; and Zim Integrated Interested parties may obtain copies of Filing Party: David F. Smith, Esq.; Shipping Services Ltd. agreements by contacting the Sher & Blackwell; 1850 M Street, NW., Filing Party: Howard A. Levy, Esq.; Commission’s Office of Agreements at Suite 900; Washington, DC 20036. 120 Wall Street, Suite 2020; New York, (202) 523–5793 or via e-mail at Synopsis: The amendment deletes NY 10005–4001. [email protected]. Interested A.P. Moller-Maersk A/S as a party to the Synopsis: The amendment reflects parties may submit comments on an agreement. Zim’s new corporate name. agreement to the Secretary, Federal Agreement No.: 011275–016. Agreement No.: 011660–003. Maritime Commission, Washington, DC Title: Australia/United States Title: Administrative Housekeeping 20573, within 10 days of the date this Discussion Agreement Agreement. notice appears in the Federal Register. Parties: A.P. Moller-Maersk A/S; Parties: A.P. Moller-Maersk A/S; Agreement No.: 008493–024. Australia-New Zealand Direct Line; American President Lines, Ltd.; Title: Trans-Pacific American Flag FESCO Ocean Management Inc.; American Roll-On Roll-Off Carriers, Berth Operators Agreement. Hamburg-Sud; LauritzenCool AB; Lykes LLC; and Farrell Lines Incorporated; Parties: American President Lines, Lines Limited, LLC; P&O Nedlloyd and P&O Nedlloyd Limited. Ltd., and A.P. Moller-Maersk A/S. Limited; Safmarine Container Lines NV; Filing Party: Howard A. Levy, Esq.; Filing Party: Howard A. Levy, Esq.; and Seatrade Group NV. 120 Wall Street, Suite 2020; New York, Filing Party: Wayne R. Rohde, Esq.; 120 Wall Street, Suite 2020; New York, NY 10005–4001. Sher & Blackwell; 1850 M Street, NW., NY 10005–4001. Synopsis: The amendment updates Suite 900; Washington, DC 20036. Maersk’s corporate name, indicates that Synopsis: The amendment updates Synopsis: The amendment adds P&O Nedlloyd and Farrell Lines are Maersk’s corporate name. Safmarine as a party to the agreement acting as one party, and adds American Agreement No.: 010714–037. and clarifies that Maersk and Safmarine Roll-On Roll-Off Carriers. Title: Trans-Atlantic American Flag will act as a single party under the Liner Operators Agreement. agreement. Agreement No.: 011710–001. Parties: A.P. Moller-Maersk A/S; Title: TAAFC/USSEC Housekeeping American President Lines, Ltd.; Agreement No.: 011427–002. Title: Japanese-U.S. Carrier Discussion Services Agreement. American Roll-On Roll-Off Carrier, LLC; Agreement. Parties: A.P. Moller-Maersk A/S and Farrell Lines Incorporated; Lykes Lines Parties: Kawasaki Kisen Kaisha, Ltd; P&O Nedlloyd Limited, as parties to the Limited, LLC; and P&O Nedlloyd Mitsui O.S.K. Lines, Ltd.; Nippon Yusen U.S. South Europe Conference, and Limited. Kaisha; and American President Lines, Trans-Atlantic Associated Conferences Filing Party: Howard A. Levy, Esq.; Ltd. (London). 120 Wall Street, Suite 2020; New York, Filing Party: David F. Smith, Esq.; Filing Party: Wayne R. Rohde, Esq.; NY 10005–4001. Sher & Blackwell; 1850 M Street, NW., Sher & Blackwell; 1850 M Street, NW., Synopsis: The amendment updates Suite 900; Washington, DC 20036 and Suite 900; Washington, DC 20036. Maersk’s corporate name. Charles F. Warren, Esq.; Warren & Synopsis: The amendment updates Agreement No.: 011117–034. Associates, P.C.; 1100 Connecticut Maersk’s corporate name. Title: United States/Australasia Avenue, NW.; Washington, DC 20036. Agreement No.: 011810–001. Discussion Agreement. Synopsis: The amendment deletes Title: GUMEX-Brasil Cooperative Parties: A.P. Moller-Maersk A/S; A.P. Moller-Maersk Sealand as a party Working Agreement. Australia-New Zealand Direct Line; to the agreement. Parties: CMA CGM, S.A. and Hapag- CMA CGM, S.A.; Compagnie Maritime Agreement No.: 011515–010. Lloyd Container Linie GmbH. Marfret, S.A.; Fesco Ocean Management Title: Steamship Line Cooperative Filing Party: Wayne R. Rohde, Esq.; Limited; Hamburg-Sud; Lykes Lines Chassis Pool. Sher & Blackwell; 1850 M Street, NW., Limited, LLC; P&O Nedlloyd Limited; Parties: Atlantic Container Line AB; Suite 900; Washington, DC 20036. Safmarine Container Lines NV; and China Shipping Container Lines Co., Synopsis: The amendment deletes Wallenius Wilhelmsen Lines AS. Ltd.; COSCO Container Lines Company, authority for the parties to discuss and Filing Party: Wayne R. Rohde, Esq.; Ltd.; CMA CGM, S.A.; Compania Sud agree on rates. Sher & Blackwell; 1850 M Street, NW., Americana de Vapores, S.A.; Evergreen Agreement No.: 011852–011. Suite 900; Washington, DC 20036. Marine Corp. (Taiwan) Ltd.; Hanjin Title: Maritime Security Discussion Synopsis: The amendment adds Shipping Co., Ltd.; Kawasaki Kisen Agreement. Safmarine as a party to the agreement Kaisha, Ltd.; Mediterranean Shipping Parties: Australia-New Zealand Direct and clarifies that Maersk and Safmarine Company, S.A.; Safmarine Container Line; China Shipping Container Lines, will act as a single party under the Lines, NV; Yangming Marine Transport Co., Ltd.; Canada Maritime; CMA CGM, agreement. Corporation; and Zim Integrated S.A.; Contship Container Lines; COSCO Agreement No.: 011223–029. Shipping Services, Ltd. Container Lines Company, Ltd.; CP

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Ships (UK) Limited; Evergreen Marine Tacoma; South Carolina State Ports East and Gulf Coast ports and Guanta, Corp.; Hanjin Shipping Company, Ltd.; Authority; Stevedoring Services of Venezuela. Hapag Lloyd Container Linie GmbH; America, Inc.; Trans Bay Container By Order of the Federal Maritime Hyundai Merchant Marine Co., Ltd.; Terminal, Inc.; TraPac Terminals; Commission. Italia di Navigazione, LLC; Kawasaki Universal Maritime Service Corp.; Dated: September 24, 2004. Virginia International Terminals; and Kisen Kaisha Ltd.; Lykes Lines Limited, Bryant L. VanBrakle, LLC; Nippon Yusen Kaisha; Orient Yusen Terminals, Inc. Secretary. Overseas Container Line Limited; P&O Filing Parties: Carol N. Lambos; Nedlloyd Limited; TMM Lines Limited, Lambos & Junge; 29 Broadway, 9th [FR Doc. 04–21836 Filed 9–28–04; 8:45 am] LLC; Yang Ming Marine Transport Floor; New York, NY 10006 and Charles BILLING CODE 6730–01–P Corp.; Zim Israel Navigation Co., Ltd.; T. Carroll, Jr.; Carroll & Froelich, PLLC; 2011 Pennsylvania Avenue, NW.; Suite Alabama State Port Authority; APM FEDERAL MARITIME COMMISSION Terminals North America, Inc.; Ceres 301; Washington, DC 20006. Synopsis: The amendment deletes Terminals, Inc.; Cooper/T. Smith American President Lines, Ltd., APL Co. Ocean Transportation Intermediary Stevedoring Co., Inc.; Eagle Marine Pte Ltd., and Mitsui O.S.K. Lines, Ltd. License; Reissuances Services Ltd.; Global Terminal & as parties to the agreement. Container Services, Inc.; Howland Hook Agreement No.: 011890. Notice is hereby given that the Container Terminal, Inc.; Husky Title: SCM Lines Ltd./Seaboard following Ocean Transportation Terminal & Stevedoring, Inc.; Marine Ltd. Space Charter Agreement. Intermediary licenses have been International Shipping Agency; Parties: SCM Lines, Ltd. and Seaboard reissued by the Federal Maritime International Transportation Service, Marine, Ltd. Commission pursuant to section 19 of Inc.; Lambert’s Point Docks Inc.; Long Filing Party: Maria E. Yordan; Director the Shipping Act of 1984, as amended Beach Container Terminal, Inc.; Maersk of Marketing; SCM Lines USA, LLC; by the Ocean Shipping Reform Act of Pacific Ltd.; Maher Terminals, Inc.; 7205 Corporate Center Drive, Suite 404; 1998 (46 U.S.C. app. 1718) and the Marine Terminals Corp.; Maryland Port Miami, FL 33126. regulations of the Commission Administration; Massachusetts Port Synopsis: The proposed agreement pertaining to the licensing of Ocean Authority; Metropolitan Stevedore Co.; would authorize SCM Lines to charter Transportation Intermediaries, 46 CFR P&O Ports North American, Inc.; Port of space to Seaboard Marine between U.S. part 515.

License no. Name/address Date reissued

018342F ...... Louisiana Forwarder LLC, 664 Eight Street, Slidell, LA 70458 ...... July 9, 2004. 018380N ...... MCS Cargo Systems, Inc., dba Expedite America Express, 2688 Coyle Lane, Elk August 18, 2004. Grove Village, IL 60007. 018620N ...... Motherlines, Inc., 11 Sunrise Plaza, Suite 301, Valley Stream, NY 11580 ...... August 23, 2004.

Sandra L. Kusumoto, Sandra L. Kusumoto, the agencies’ publication for public Director, Bureau of Certification and Director, Bureau of Certification and comment of a proposal to extend, Licensing. Licensing. without revision, the Report of Assets [FR Doc. 04–21834 Filed 9–28–04; 8:45 am] [FR Doc. 04–21835 Filed 9–28–04; 8:45 am] and Liabilities of U.S. Branches and BILLING CODE 6730–01–P BILLING CODE 6730–01–P Agencies of Foreign Banks (FFIEC 002) and the Report of Assets and Liabilities of a Non–U.S. Branch that is Managed FEDERAL MARITIME COMMISSION FEDERAL RESERVE SYSTEM or Controlled by a U.S. Branch or Agency of a Foreign (Non–U.S.) Bank Ocean Transportation Intermediary Proposed Agency Information (FFIEC 002S), which are currently License; Rescission of Order of Collection Activities: Comment approved information collections. The Revocation Request Board is publishing this proposal on AGENCY: Board of Governors of the behalf of the agencies. At the end of the Notice is hereby given that the Order Federal Reserve System (Board) comment period, the comments and recommendations received will be revoking the following license is being ACTION: Notice and request for comment. rescinded by the Federal Maritime analyzed to determine the extent to Commission pursuant to sections 14 and SUMMARY: In accordance with the which the FFIEC should modify the 19 of the Shipping Act of 1984 (46 requirements of the Paperwork reports. The Board will then submit the U.S.C. app. 1718) and the regulations of Reduction Act of 1995 (44 U.S.C. reports to OMB for review and approval. chapter 35), the Board, the Federal the Commission pertaining to the DATES: Comments must be submitted on Deposit Insurance Corporation, and the licensing of Ocean Transportation or before November 29, 2004. Intermediaries, 46 CFR part 515. Office of the Comptroller of the Currency (the ‘‘agencies’’) may not ADDRESSES: Interested parties are License no. Name/address conduct or sponsor, and the respondent invited to submit written comments to is not required to respond to, an the agency listed below. All comments, 002355NF ... Pro-Service Forwarding Co., information collection unless it displays which should refer to the OMB control Inc., 8915 S. La Cienega a currently valid Office of Management number, will be shared among the Blvd., Inglewood, CA 90301 and Budget (OMB) control number. The agencies. You may submit comments, Federal Financial Institutions identified by FFIEC 002 (7100–0032) or Examination Council (FFIEC), of which FFIEC 002S (7100–0273), by any of the the agencies are members, has approved following methods:

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• Agency Web Site: http:// and 3102(b). Except for select sensitive developing countries in connection with www.federalreserve.gov. Follow the items, this information collection is not data collected by the International instructions for submitting comments given confidential treatment [5 U.S.C. Monetary Fund (IMF) and the Bank for on the http://www.federalreserve.gov/ 552(b)(8)]. International Settlements (BIS) that are generalinfo/foia/ProposedRegs.cfm. Abstract: On a quarterly basis, all U.S. used in economic analysis; and (5) • Federal eRulemaking Portal: http:// branches and agencies of foreign banks assisting in the supervision of U.S. www.regulations.gov. Follow the (U.S. branches) are required to file offices of foreign banks, which often are instructions for submitting comments. detailed schedules of assets and managed jointly with these branches. • E–mail: liabilities in the form of a condition Request for Comment [email protected]. report and a variety of supporting Include docket number in the subject schedules. This information is used to Comments are invited on: line of the message. fulfill the supervisory and regulatory a. Whether the information • FAX: 202–452–3819 or 202–452– requirements of the International collections are necessary for the proper 3102. Banking Act of 1978. The data are also performance of the agencies’ functions, • Mail: Jennifer J. Johnson, Secretary, used to augment the bank credit, loan, including whether the information has Board of Governors of the Federal and deposit information needed for practical utility; Reserve System, 20th Street and monetary policy and other public policy b. The accuracy of the agencies’ Constitution Avenue, N.W., purposes. The Federal Reserve System estimates of the burden of the Washington, DC 20551. collects and processes this report on information collections, including the All public comments are available behalf of all three agencies. validity of the methodology and from the Board’s web site at 2. Report Title: Report of Assets and assumptions used; www.federalreserve.gov/generalinfo/ Liabilities of a Non-U.S. Branch that is c. Ways to enhance the quality, foia/ProposedRegs.cfm as submitted, Managed or Controlled by a U.S. Branch utility, and clarity of the information to except as necessary for technical or Agency of a Foreign (Non–U.S.) Bank be collected; reasons. Accordingly, your comments Form Number: FFIEC 002S d. Ways to minimize the burden of OMB Number: 7100–0273 will not be edited to remove any information collections on respondents, Frequency of Response: Quarterly identifying or contact information. including through the use of automated Public comments may also be viewed Affected Public: U.S. branches and agencies of foreign banks collection techniques or other forms of electronically or in paper in Room MP– information technology; and 500 of the Board’s Martin Building (20th Estimated Number of Respondents: 76 Estimated Time per Response: 6 hours e. Estimates of capital or start up costs and C Streets, N.W.) between 9:00 a.m. Estimated Total Annual Burden: and costs of operation, maintenance, and 5:00 p.m. on weekdays. 1,824 hours and purchase of services to provide FOR FURTHER INFORMATION CONTACT: General Description of Report: This information. Additional information or a copy of the information collection is mandatory: 12 Comments submitted in response to collections may be requested from U.S.C. 3105(b)(2), 1817(a)(1) and (3), this notice will be shared among the Cindy Ayouch, Federal Reserve Board and 3102(b) and is given confidential agencies. All comments will become a Clearance Officer, 202–452–3829, treatment [5 U.S.C. 552(b)(8)]. matter of public record. Written Division of Research and Statistics, Abstract: On a quarterly basis, all U.S. comments should address the accuracy Board of Governors of the Federal branches and agencies of foreign banks of the burden estimates and ways to Reserve System, 20th and C Streets, are required to file detailed schedules of minimize burden including the use of N.W., Washington, DC 20551. their assets and liabilities in the form automated collection techniques or the Telecommunications Device for the Deaf FFIEC 002. The FFIEC 002S is a separate use of other forms of information (TDD) users may call 202–263–4869, supplement to the FFIEC 002 that technology as well as other relevant Board of Governors of the Federal collects information on assets and aspects of the information collection Reserve System, 20th and C Streets, liabilities of any non–U.S. branch that is request. N.W., Washington, DC 20551. ‘‘managed or controlled’’ by a U.S. Board of Governors of the Federal Reserve SUPPLEMENTARY INFORMATION: branch or agency of the foreign bank. System, September 24, 2004. Managed or controlled means that a Jennifer J. Johnson, Proposal to extend for three years majority of the responsibility for Secretary of the Board. without revision the following currently business decisions, including but not approved collections of information: limited to decisions with regard to [FR Doc. 04–21854 Filed 9–28–04; 8:45 am] 1. Report Title: Report of Assets and lending or asset management or funding BILLING CODE: 6210–01–S Liabilities of U.S. Branches and or liability management, or the Agencies of Foreign Banks responsibility for recordkeeping in FEDERAL RESERVE SYSTEM Form Number: FFIEC 002 respect of assets or liabilities for that OMB Number: 7100–0032 foreign branch resides at the U.S. branch Change in Bank Control Notices; Frequency of Response: Quarterly or agency. A separate FFIEC 002S must Acquisition of Shares of Bank or Bank Affected Public: U.S. branches and be completed for each managed or Holding Companies agencies of foreign banks controlled non–U.S. branch. The FFIEC Estimated Number of Respondents: 002S must be filed quarterly along with The notificants listed below have 281 the U.S. branch’s or agency’s FFIEC 002. applied under the Change in Bank Estimated Time per Response: 22.75 The data are used for: (1) monitoring Control Act (12 U.S.C. 1817(j)) and hours deposit and credit transactions of U.S. § 225.41 of the Board’s Regulation Y (12 Estimated Total Annual Burden: residents; (2) monitoring the impact of CFR 225.41) to acquire a bank or bank 25,571 hours policy changes; (3) analyzing structural holding company. The factors that are General Description of Report: This issues concerning foreign bank activity considered in acting on the notices are information collection is mandatory: 12 in U.S. markets; (4) understanding flows set forth in paragraph 7 of the Act (12 U.S.C. 3105(b)(2), 1817(a)(1) and (3), of banking funds and indebtedness of U.S.C. 1817(j)(7)).

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The notices are available for Unless otherwise noted, comments Governors not later than October 25, immediate inspection at the Federal regarding each of these applications 2004. Reserve Bank indicated. The notices must be received at the Reserve Bank A. Federal Reserve Bank of New also will be available for inspection at indicated or the offices of the Board of York (Jay Bernstein, Bank Supervision the office of the Board of Governors. Governors not later than October 22, Officer) 33 Liberty Street, New York, Interested persons may express their 2004. New York 10045–0001: views in writing to the Reserve Bank A. Federal Reserve Bank of Cleveland 1. Citigroup, Inc., New York, New indicated for that notice or to the offices (Cindy C. West, Banking Supervisor) York; to acquire 100 percent of the of the Board of Governors. Comments 1455 East Sixth Street, Cleveland, Ohio voting shares of Citibank Texas, must be received not later than October 44101–2566: National Association, Bryan, Texas, 13, 2004. Sky Financial Group, Inc., Bowling following its conversion from a state A. Federal Reserve Bank of Chicago Green, Ohio; to merge with Prospect savings bank (currently known as First (Patrick Wilder, Assistant Vice Bancshares, Worthington, Ohio, and American Bank, SSB) to a national bank. President) 230 South LaSalle Street, thereby indirectly acquire voting shares B. Federal Reserve Bank of Atlanta Chicago, Illinois 60690–1414: of Prospect Bank, Columbus, Ohio. (Sue Costello, Vice President) 1000 1. Marlene D. Huls, Gifford, Illinois; to Peachtree Street, N.E., Atlanta, Georgia retain voting shares of Illini Board of Governors of the Federal Reserve System, September 23, 2004. 30303: Corporation, Springfield, Illinois, and 1. Enterprise Banking Company, Inc., Robert deV. Frierson, thereby indirectly retain voting shares of Stockbridge, Georgia; to become a bank Illini Bank, Springfield, Illinois. Deputy Secretary of the Board. holding company by acquiring 100 Board of Governors of the Federal Reserve [FR Doc. 04–21784 Filed 9–28–04; 8:45 am] percent of the voting shares of The System, October 13, 2004. BILLING CODE 6210–01–S Dorsey State Bank, Abbeville, Georgia. Robert deV. Frierson, Board of Governors of the Federal Reserve Deputy Secretary of the Board. FEDERAL RESERVE SYSTEM System, September 24, 2004. [FR Doc. 04–21856 Filed 9–28–04; 8:45 am] Robert deV. Frierson, BILLING CODE 6210–01–S Formations of, Acquisitions by, and Deputy Secretary of the Board. Mergers of Bank Holding Companies [FR Doc. 04–21855 Filed 9–28–04; 8:45 am] FEDERAL RESERVE SYSTEM The companies listed in this notice BILLING CODE 6210–01–S have applied to the Board for approval, Formations of, Acquisitions by, and pursuant to the Bank Holding Company Mergers of Bank Holding Companies Act of 1956 (12 U.S.C. 1841 et seq.) GOVERNMENT ACCOUNTABILITY The companies listed in this notice (BHC Act), Regulation Y (12 CFR Part OFFICE 225), and all other applicable statutes have applied to the Board for approval, [Document No. JFMIP–SR–03–04] pursuant to the Bank Holding Company and regulations to become a bank Act of 1956 (12 U.S.C. 1841 et seq.) holding company and/or to acquire the Joint Financial Management (BHC Act), Regulation Y (12 CFR Part assets or the ownership of, control of, or Improvement Program (JFMIP)— 225), and all other applicable statutes the power to vote shares of a bank or Federal Financial Management System and regulations to become a bank bank holding company and all of the Requirements (FFMSR) holding company and/or to acquire the banks and nonbanking companies assets or the ownership of, control of, or owned by the bank holding company, AGENCY: Joint Financial Management the power to vote shares of a bank or including the companies listed below. Improvement Program (JFMIP). bank holding company and all of the The applications listed below, as well ACTION: Notice of document availability. banks and nonbanking companies as other related filings required by the owned by the bank holding company, Board, are available for immediate SUMMARY: The JFMIP is seeking public including the companies listed below. inspection at the Federal Reserve Bank comment on an exposure draft entitled The applications listed below, as well indicated. The application also will be ‘‘Property Management System as other related filings required by the available for inspection at the offices of Requirements,’’ dated September 2004. Board, are available for immediate the Board of Governors. Interested The draft is a revision to the first inspection at the Federal Reserve Bank persons may express their views in Federal Financial Management System indicated. The application also will be writing on the standards enumerated in Requirements (FFMSR) document to available for inspection at the offices of the BHC Act (12 U.S.C. 1842(c)). If the address property systems. The the Board of Governors. Interested proposal also involves the acquisition of document is intended to assist agencies persons may express their views in a nonbanking company, the review also when developing, improving or writing on the standards enumerated in includes whether the acquisition of the evaluating property management the BHC Act (12 U.S.C. 1842(c)). If the nonbanking company complies with the systems. It provides the baseline proposal also involves the acquisition of standards in section 4 of the BHC Act functionality that agency systems must a nonbanking company, the review also (12 U.S.C. 1843). Unless otherwise have to support agency missions and includes whether the acquisition of the noted, nonbanking activities will be comply with laws and regulations. nonbanking company complies with the conducted throughout the United States. When issued in final, the document will standards in section 4 of the BHC Act Additional information on all bank augment the existing body of FFMSR’s (12 U.S.C. 1843). Unless otherwise holding companies may be obtained that define financial system functional noted, nonbanking activities will be from the National Information Center requirements which are used in conducted throughout the United States. website at www.ffiec.gov/nic/. evaluating compliance with the Federal Additional information on all bank Unless otherwise noted, comments Financial Management Improvement holding companies may be obtained regarding each of these applications Act (FFMIA) of 1996. from the National Information Center must be received at the Reserve Bank DATES: Comments are due by November website at www.ffiec.gov/nic/. indicated or the offices of the Board of 12, 2004.

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ADDRESSES: Copies of the exposure draft Fitness and Sports will hold a meeting. and (4) to monitor the need for the have been mailed to senior financial This meeting is open to the public. A enhancement of programs and officials, chief information officers, and description of the Council’s functions is educational and promotional materials property executives, together with a included with this notice. sponsored, overseen, or disseminated by transmittal memo listing items of DATE AND TIME: October 19, 2004, from the Council and advise the Secretary, as interest for which JFMIP is soliciting 8:30 a.m. to 4 p.m. necessary, concerning such needs. feedback. The Exposure Draft and ADDRESSES: Department of Health and The PCPFS holds at a minimum, one comment response matrix are available Human Services, Hubert H. Humphrey meeting in the calendar year to: (1) on the JFMIP Web site http:// Building, Room 800, 200 Independence Assess ongoing Council activities and; www.jfmip.gov. Responses should be Avenue, SW., Washington, DC 20201. (2) discuss and plan future projects and addressed to JFMIP, 1990 K Street, NW., FOR FURTHER INFORMATION CONTACT: programs. Suite 430, Washington, DC 20006. Melissa Johnson, Executive Director, Dated: September 24, 2004. FOR FURTHER INFORMATION CONTACT: President’s Council on Physical Fitness Melissa Johnson, Bruce Turner, (202) 219–0533 or and Sports, Hubert H. Humphrey Executive Director, President’s Council on [email protected]. Building, Room 738H, 200 Physical Fitness and Sports. SUPPLEMENTARY INFORMATION: The Independence Avenue, SW., [FR Doc. 04–21808 Filed 9–28–04; 8:45 am] FFMIA of 1996 mandated that agencies Washington, DC 20201, (202) 690–5187. BILLING CODE 4150–35–P implement and maintain systems that SUPPLEMENTARY INFORMATION: The comply substantially with FFMSR, President’s Council on Physical Fitness applicable Federal accounting and Sports (PCPFS) was established standards, and the U.S. Government originally by Executive Order 10673, DEPARTMENT OF HEALTH AND Standard General Ledger at the dated July 16, 1956. PCPFS was HUMAN SERVICES transaction level. The FFMIA statute established by President Eisenhower codified the JFMIP financial system after published reports indicated that Administration for Children and requirements documents as a key American boys and girls were unfit Families benchmark that agency systems must compared to the children of Western meet to substantially comply with Europe. Authorization to continue Proposed Information Collection systems requirements provisions under Council operations was given at Activity; Comment Request FFMIA. To support the provisions appropriate intervals by subsequent Proposed Projects outlined in FFMIA, the JFMIP is Executive Orders. The Council has updating obsolete requirements undergone two name changes and Title: Low Income Home Energy documents and publishing additional several reorganizations. Presently, the Assistance Program (LIHEAP) Carryover requirements documents. Comments PCPFS is a program office located and Reallotment Report. received will be reviewed and the organizationally in the Office of Public OMB No.: 0970–0106. exposure draft will be revised as Health and Science within the Office of Description: The LIHEAP statute and necessary. Publication of the final the Secretary in the U.S. Department of regulations require LIHEAP grantees to document will be mailed to agency Health and Human Services. report certain information to HHS financial officials, procurement On June 6, 2002, President Bush concerning funds forwarded and funds executives, chief information officers, signed Executive Order 13256 to subject to reallotment. The 1993 and others, and will be available on the reestablish the PCPFS. Executive Order reauthorization of the LIHEAP statute, JFMIP website. 13256 was established to expand the the Human Service Amendments of focus of the Council. This directive 1994 (Pub. L. 103–252), requires that the Karen Cleary Alderman, instructed the Secretary to develop and Carryover and Reallotment Report for Executive Director, Joint Financial coordinate a national program to one fiscal year be submitted to HHS by Management Improvement Program. enhance physical activity and sports the grantee before the allotment for the [FR Doc. 04–21850 Filed 9–28–04; 8:45 am] participation. The Council currently next fiscal year may be awarded. BILLING CODE 1610–04–M operates under the stipulations of the We are requesting no changes in the new directive. The primary functions of collection of data with the Carryover the Council include: (1) To advise the and Reallotment Report for FY 20__, a DEPARTMENT OF HEALTH AND President, through the Secretary, on the form for the collection of data, and the HUMAN SERVICES progress made in carrying out the Simplified Instructions for Timely provisions of the enacted directive and Obligations of FY 20__ LIHEAP Funds President’s Council on Physical recommend actions to accelerate and Reporting Funds for Carryover and Fitness and Sports progress; (2) to advise the Secretary on Reallotment. The form clarifies the AGENCY: Department of Health and ways and means to enhance information being requested and Human Services, Office of the Secretary, opportunities for participation in ensures the submission of all the Office of Public Health and Science. physical fitness and sports, and, where required information. The form ACTION: Notice of meeting. possible, to promote and assist in the facilitates our response to numerous facilitation and/or implementation of queries each year concerning the SUMMARY: As stipulated by the Federal such measures; (3) to advise the amounts of obligated funds. Use of the Advisory Committee Act, the Secretary regarding opportunities to form is voluntary. Grantees have the Department of Health and Human extend and improve physical activity/ option to use another format. Services (DHHS) is hereby giving notice fitness and sports programs and services Respondents: State, Local or Tribal that the President’s Council on Physical at the national, state, and local levels; Government.

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ANNUAL BURDEN ESTIMATES

Number of Average bur- Instrument Number of responses per den hours per Total burden respondents respondent response hours

Carryover and Reallotment ...... 177 1 3 531

Estimated Total Annual Burden the quality, utility, and clarity of the OMB No.: 0970-0157. Hours: 531. information to be collected; and (d) Description: 42 U.S.C. 612 (Section In compliance with the requirements ways to minimize the burden of the 412 of the Social Security Act) requires of section 3506(c)(2)(A) of the collection of information on each Indian tribe that elects to Paperwork Reduction Act of 1995, the respondents, including through the use administer and operate a TANF program Administration for Children and of automated collection techniques or to submit a TANF Tribal Plan. The Families is soliciting public comment other forms of information technology. TANF Tribal Plan is a mandatory on the specific aspects of the Consideration will be given to information collection described above. comments and suggestions submitted statement submitted to the Secretary by Copies of the proposed collection of within 60 days of this publication. the Indian tribe, which consists of an information can be obtained and outline of how the Indian tribe’s TANF Dated: September 23, 2004. comments may be forwarded by writing program will be administered and to the Administration for Children and Robert Sargis, operated. It is used by the Secretary to Families, Office of Information Services, Reports Clearance Officer. determine whether the plan is 370 L’Enfant Promenade, SW., [FR Doc. 04–21787 Filed 9–28–04; 8:45 am] approvable and to determine that the Washington, DC 20447, Attn: ACF BILLING CODE 4184–01–M Indian tribe is eligible to receive a Reports Clearance Officer. e-mail: TANF assistance grant. It is also made [email protected]. All requests available to the public. should be identified by the title of the DEPARTMENT OF HEALTH AND Respondents: Indian Tribes applying information collection. HUMAN SERVICES The Department specifically requests to operate a TANF program. comments on: (a) Whether the proposed Administration for Children and collection of information is necessary Families for the proper performance of the Submission for OMB Review; functions of the agency, including Comment Request whether the information shall have practical utility; (b) the accuracy of the Title: Guidance for the Tribal agency’s estimate of the burden of the Temporary Assistance for Needy proposed collection of information; (c) Families (TANF) Program.

ANNUAL BURDEN ESTIMATES

Number of Average bur- Instrument Number of responses per den hours per Total burden respondents respondent response hours

Request for State Data Needed to Determine the Amount of a Tribal Family Assistance Grant ...... 20 1 60 1200

Estimated Total Annual Burden comments and recommendations for the DEPARTMENT OF HEALTH AND Hours: 1200 proposed information collection should HUMAN SERVICES Additional Information: Copies of the be sent directly to the following: Office proposed collection may be obtained by of Management and Budget, Paperwork Food and Drug Administration writing to the Administration for Reduction Project, Attn: Desk Officer for [Docket No. 2003N–0565] Children and Families, Office of ACF, E-mail address: Administration, Office of Information [email protected]. Agency Information Collection Services, 370 L’Enfant Promenade, SW., Activities; Announcement of Office of Dated: September 22, 2004. Washington, DC 20447, Attn: ACF Management and Budget Approval; Reports Clearance Officer. All requests Robert Sargis, Generic Food and Drug Administration should be identified by the title of the Reports Clearance Officer. Rapid Response Surveys information collection. E-mail address: [FR Doc. 04–21788 Filed 9–28–04; 8:45 am] [email protected]. AGENCY: Food and Drug Administration, BILLING CODE 4184–01–M OMB Comment: OMB is required to HHS. make a decision concerning the ACTION: Notice. collection of information between 30 and 60 days after publication of this SUMMARY: The Food and Drug document in the Federal Register. Administration (FDA) is announcing Therefore, a comment is best assured of that a collection of information entitled having its full effect if OMB receives it ‘‘Generic Food and Drug Administration within 30 days of publication. Written Rapid Response Surveys’’ has been

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approved by the Office of Management clearance under 44 U.S.C. 3507. An or color additive) was subject to and Budget (OMB) under the Paperwork agency may not conduct or sponsor, and regulatory review by FDA before the Reduction Act of 1995. a person is not required to respond to, item was marketed. Under these acts, a FOR FURTHER INFORMATION CONTACT: a collection of information unless it product’s regulatory review period JonnaLynn P. Capezzuto, Office of displays a currently valid OMB control forms the basis for determining the Information Resources Management number. OMB has now approved the amount of extension an applicant may (HFA–250), Food and Drug information collection and has assigned receive. Administration, 5600 Fishers Lane, OMB control number 0910–0471. The A regulatory review period consists of Rockville, MD 20857, 301–827–4659. approval expires on September 30, two periods of time: A testing phase and SUPPLEMENTARY INFORMATION: In the 2007. A copy of the supporting an approval phase. For medical devices, Federal Register of May 6, 2004, (69 FR statement for this information collection the testing phase begins with a clinical 25404), the agency announced that the is available on the Internet at http:// investigation of the device and runs proposed information collection had www.fda.gov/ohrms/dockets. until the approval phase begins. The been submitted to OMB for review and Dated: September 22, 2004. approval phase starts with the initial clearance under 44 U.S.C. 3507. An Jeffrey Shuren, submission of an application to market agency may not conduct or sponsor, and Assistant Commissioner for Policy. the device and continues until permission to market the device is a person is not required to respond to, [FR Doc. 04–21750 Filed 9–28–04; 8:45 am] a collection of information unless it granted. Although only a portion of a BILLING CODE 4160–01–S displays a currently valid OMB control regulatory review period may count number. OMB has now approved the toward the actual amount of extension information collection and has assigned DEPARTMENT OF HEALTH AND that the Director of Patents and OMB control number 0910–0500. The HUMAN SERVICES Trademarks may award (half the testing approval expires on February 28, 2006. phase must be subtracted as well as any A copy of the supporting statement for Food and Drug Administration time that may have occurred before the this information collection is available patent was issued), FDA’s determination [Docket No. 2003E–0033] on the Internet at http://www.fda.gov/ of the length of a regulatory review ohrms/dockets. Determination of Regulatory Review period for a medical device will include all of the testing phase and approval Dated: September 22, 2004. Period for Purposes of Patent Extension; DERMAGRAFT phase as specified in 35 U.S.C. Jeffrey Shuren, 156(g)(3)(B). Assistant Commissioner for Policy. AGENCY: Food and Drug Administration, FDA recently approved for marketing [FR Doc. 04–21748 Filed 9–28–04; 8:45 am] HHS. the medical device DERMAGRAFT. BILLING CODE 4160–01–S ACTION: Notice. DERMAGRAFT is indicated for use in the treatment of full-thickness diabetic SUMMARY: The Food and Drug foot ulcers greater than 6–weeks DEPARTMENT OF HEALTH AND Administration (FDA) has determined duration, which extend through the HUMAN SERVICES the regulatory review period for dermis, but without tendon, muscle, DERMAGRAFT and is publishing this Food and Drug Administration joint capsule, or bone exposure. notice of that determination as required DERMAGRAFT should be used in [Docket No. 2004N–0017] by law. FDA has made the conjunction with standard wound care determination because of the regimens and in patients that have Agency Information Collection submission of an application to the adequate blood supply to the involved Activities; Announcement of Office of Director of Patents and Trademarks, foot. Subsequent to this approval, the Management and Budget Approval; Department of Commerce, for the Patent and Trademark Office received a Adverse Event Pilot Program for extension of a patent which claims that patent term restoration application for Medical Devices medical device. Dermagraft (U.S. Patent No. 4,963,489) AGENCY: Food and Drug Administration, ADDRESSES: Submit written comments from Advanced Tissue Sciences, Inc., HHS. and petitions to the Division of Dockets and the Patent and Trademark Office ACTION: Notice. Management (HFA–305), Food and Drug requested FDA’s assistance in Administration, 5630 Fishers Lane, rm. determining this patent’s eligibility for SUMMARY: The Food and Drug 1061, Rockville, MD 20852. Submit patent term restoration. In a letter dated Administration (FDA) is announcing electronic comments to http:// March 10, 2003, FDA advised the Patent that a collection of information entitled www.fda.gov/docket/ecomments. and Trademark Office that this medical ‘‘Adverse Event Pilot Program for FOR FURTHER INFORMATION CONTACT: device had undergone a regulatory Medical Devices’’ has been approved by Claudia V. Grillo, Office of Regulatory review period and that the approval of the Office of Management and Budget Policy (HFD–013), Food and Drug DERMAGRAFT represented the first (OMB) under the Paperwork Reduction Administration, 5600 Fishers Lane, permitted commercial marketing or use Act of 1995. Rockville, MD 20857, 240–453–6699. of the product. Shortly thereafter, the FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: The Drug Patent and Trademark Office requested Peggy Robbins, Office of Management Price Competition and Patent Term that FDA determine the product’s Programs (HFA–250), Food and Drug Restoration Act of 1984 (Public Law 98– regulatory review period. Administration, 5600 Fishers Lane, 417) and the Generic Animal Drug and FDA has determined that the Rockville, MD 20857, 301–827–1223. Patent Term Restoration Act (Public applicable regulatory review period for SUPPLEMENTARY INFORMATION: In the Law 100–670) generally provide that a DERMAGRAFT is 4,050 days. Of this Federal Register of June 14, 2004 (69 FR patent may be extended for a period of time, 3,650 days occurred during the 33034), the agency announced that the up to 5 years so long as the patented testing phase of the regulatory review proposed information collection had item (human drug product, animal drug period, while 400 days occurred during been submitted to OMB for review and product, medical device, food additive, the approval phase. These periods of

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time were derived from the following pp. 41–42, 1984.) Petitions should be in undertaken. During the regular review dates: the format specified in 21 CFR 10.30. period, the DHS requests written 1. The date an exemption under Comments and petitions should be comments and suggestions from the section 520(g) of the Federal Food, Drug, submitted to the Division of Dockets public and affected agencies concerning and Cosmetic Act involving this device Management. Three copies of any this information collection. Comments became effective: August 29, 1990. The mailed information are to be submitted, are encouraged and will be accepted applicant claims that the investigational except that individuals may submit one until November 29, 2004. During the 60- device exemption (IDE) required under copy and comments are to be identified day regular review, ALL comments and section 520(g) of the Federal Food, Drug, with the docket number found in suggestions, or questions regarding and Cosmetic Act for human tests to brackets in the heading of this additional information, as well as begin became effective on September 2, document. Comments and petitions may requests to obtain a copy of the 1992. FDA records confirm that one IDE be seen in the Division of Dockets information collection instrument with for this medical device did become Management between 9 a.m. and 4 p.m., instructions, should be directed to Mr. effective on September 2, 1992. Monday through Friday. Richard A. Sloan, 202–616–7600, However, FDA records also indicate that Dated: August 30, 2004. Director, Regulatory Management another IDE for this medical device was Jane A. Axelrad, Division, Department of Homeland determined substantially complete for Associate Director for Policy, Center for Drug Security, 111 Massachusetts Avenue, clinical studies to have begun on August Evaluation and Research. NW., Washington, DC 20529. Written 29, 1990, which represents the IDE [FR Doc. 04–21749 Filed 9–28–04; 8:45 am] comments and suggestions from the effective date. Although this IDE was for BILLING CODE 4160–01–S public and affected agencies concerning a different indication, it is material to the proposed collection of information the approval of DERMAGRAFT. FDA should address one or more of the considers all investigational exemptions DEPARTMENT OF HOMELAND following four points: for a particular product to be material to SECURITY (1) Evaluate whether the proposed the approval of the product regardless of collection of information is necessary any difference between the indications Citizenship and Immigration Services for the proper performance of the studied and those ultimately approved. functions of the agency, including 2. The date the application was Agency Information Collection whether the information will have initially submitted with respect to the Activities: Extension of Existing practical utility; device under section 515 of the act (21 Collection; Comment Request (2) Evaluate the accuracy of the U.S.C. 360e): August 25, 2000. The agencies estimate of the burden of the applicant claims August 24, 2000, as the ACTION: Request OMB Emergency proposed collection of information, date the premarket approval application Approval: Request to Enforce Affidavit including the validity of the (PMA) for DERMAGRAFT (PMA of Financial Support and Intent to methodology and assumptions used; P00036) was initially submitted. Petition for Custody for Public Law 97– (3) Enhance the quality, utility, and However, FDA records indicate that 359 Amerasian; Form I–363. clarity of the information to be PMA P00036 was submitted on August The Department of Homeland collected; and 25, 2000. Security (DHS), Citizenship and (4) Minimize the burden of the 3. The date the application was Immigration Services (CIS) has collection of information on those who approved: September 28, 2001. FDA has submitted an emergency information are to respond, including through the verified the applicant’s claim that PMA collection request (ICR) utilizing use of appropriate automated, P00036 was approved on September 28, emergency review procedures, to the electronic, mechanical, or other 2001. Office of Management and Budget technological collection techniques or This determination of the regulatory (OMB) for review and clearance in other forms of information technology, review period establishes the maximum accordance with section e.g., permitting electronic submission of potential length of a patent extension. 1320.13(a)(1)(ii) and (a)(2)(iii) of the responses. However, the U.S. Patent and Paperwork Reduction Act of 1995. The Overview of this information Trademark Office applies several DHS has determined that it cannot collection: statutory limitations in its calculations reasonably comply with the normal (1) Type of Information Collection: of the actual period for patent extension. clearance procedures under this part Extension of a currently approved In its application for patent extension, because normal clearance procedures information collection. this applicant seeks 5 years of patent are reasonably likely to prevent or (2) Title of the Form/Collection: term extension. disrupt the collection of information. Request to Enforce Affidavit of Anyone with knowledge that any of Therefore, OMB approval has been Financial Support and Intent to Petition the dates as published is incorrect may requested by October 31, 2004. for Custody for Public Law 97–359 submit to the Division of Dockets If granted, the emergency approval is Amerasian. Management (see ADDRESSES) written or only valid for 90 days. ALL comments (3) Agency form number, if any, and electronic comments and ask for a and/or questions pertaining to this the applicable component of the redetermination by November 29, 2004. pending request for emergency approval Department of Justice sponsoring the Furthermore, any interested person may MUST be directed to OMB, Office of collection: Form I–363. Citizenship and petition FDA for a determination Information and Regulatory Affairs, Immigration Services (CIS). regarding whether the applicant for Attention: Desk Officer, Department of (4) Affected public who will be asked extension acted with due diligence Homeland Security, 725–17th Street, or required to respond, as well as a brief during the regulatory review period by NW., Suite 10235, Washington, DC abstract: Primary: Individuals or March 28, 2005. To meet its burden, the 20503; 202–395–5806. Households. This form is used to petition must contain sufficient facts to During the first 60 days of this same determine whether an Affidavit of merit an FDA investigation. (See H. period, a regular review of this Financial Support and Intent to Petition Rept. 857, part 1, 98th Cong., 2d sess., information collection is also being for Legal Custody requires enforcement.

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(5) An estimate of the total number of If grant, the emergency approval is Department of Homeland Security respondents and the amount of time only valid for 90 days. ALL comments sponsoring the collection: Form I–129, estimated for an average respondent to and/or questions pertaining to this Citizenship and Immigration Services. respond: 50 responses at 30 minutes (.50 pending request for emergency approval (4) Affected public who will be asked hours) per response. MUST be directed to OMB, Office of or required to respond, as well as brief (6) An estimate of the total public Information and Regulatory Affairs, abstract: Primary: Individuals or burden (in hours) associated with the Attention: Desk Officer, Department of households. This form is used by an collection: 25 annual burden hours. Homeland Security, 725—17th Street, employer to petition for aliens to come NW., Suite 10235, Washington, DC to the U.S. temporarily to perform If you have additional comments, 20503, 202–395–5806. services, labor, training or to request suggestions, or need a copy of the During the first 60 days of this same extensions of stay or changes in proposed information collection period, a regular review of this nonimmigrant status for nonimmigrant instrument with instructions, or information collection is also being workers. additional information, please contact undertaken. During the regular review (5) An estimate of the total number of Richard A. Sloan 202–616–7600, period, the DHS requests written respondents and the amount of time Director, Regulatory Management comments and suggestions from the estimated for an average respondent to Division, Citizenship and Immigration public and affected agencies concerning respond: 368,948 responses at 2.75 Services, Department of Homeland this information collection. Comments hours per response. Security, 111 Massachusetts Avenue, are encouraged and will be accepted for (6) An estimate of the total public NW., Washington, DC 20529. sixty days until November 29, 2004. burden (in hours) associated with the Additionally, comments and/or During the 60-day regular review. ALL collection: 998,357 annual burden suggestions regarding the item(s) comments and suggestions, or questions hours. contained in this notice, especially regarding additional information, as If you have additional comments, regarding the estimated public burden well as requests to obtain a copy of the suggestions, or need a copy of the and associated response time may also information collection instrument with proposed information collection be directed to Mr. Richard A. Sloan. instructions, should be directed to Mr. instrument with instructions, or Dated: September 24, 2004. Richard A. Sloan, 202–616–7600, additional information, please contact Richard A. Sloan, Director, Regulatory Management Richard A. Sloan, 202–616–7600, Department Clearance Officer, Department of Division, Citizenship and Immigration, Director, Regulatory Management Homeland Security, Citizenship and U.S. Department of Homeland Security, Division, U.S. Department of Homeland Immigration Services. 111 Massachusetts Avenue, NW., Security, 111 Massachusetts Avenue, [FR Doc. 04–21791 Filed 9–28–04; 8:45 am] Washington, DC 20529. Written NW., Washington, DC 20529. BILLING CODE 4410–10–M comments and suggestions from the Additionally, comments and/or public and affected agencies concerning suggestions regarding the item(s) the proposed collection of information contained in this notice, especially DEPARTMENT OF HOMELAND should address one or more of the regarding the estimated public burden SECURITY following four points: and associated response time may also (1) Evaluate whether the proposed be directed to Mr. Richard A. Sloan. Citizenship and Immigration Services collection of information is necessary Dated: September 24, 2004. for the proper performance of the Agency Information Collection Richard A. Sloan, functions of the agency, including Activities: Extension of Existing Departmental Clearance Officer, U.S. whether the information will have Collection; Comment Request Department of Homeland Security, practical utility; Citizenship and Immigrant Services. (2) Evaluate the accuracy of the [FR Doc. 04–21792 Filed 9–28–04; 8:45 am] ACTION: Request OMB Emergency agencies estimate of the burden of the Approval; Petition for Nonimmigrant proposed collection of information, BILLING CODE 4410–10–M Worker; Form I–129 including the validity of the methodology and assumptions used; The Department of Homeland (3) Enhance the quality, utility, and DEPARTMENT OF THE INTERIOR Security, Citizenship and Immigration clarity of the information to be Fish and Wildlife Service Services (CIS) has submitted the collected; and following information collection request (4) Minimize the burden of the (ICR) utilizing emergency review Information Collection Renewal collection of information on those who Submitted to the Office of Management procedures to the Office of Management are to respond, including through the and Budget (OMB) for review and and Budget (OMB) for Approval Under use of appropriate automated, the Paperwork Reduction Act; OMB clearance in accordance with section electronic, mechanical, or other 1320.13(a)(1)(ii) and (1)(2)(iii) of the Control Number 1018–0111; Summary technological collection techniques or Information for Ranking National Paperwork Reduction Act of 1995. The other forms of information technology, DHS has determined that it cannot Coastal Wetlands Grant Program e.g., permitting electronic submission of Proposals, 50 CFR Part 84 reasonably comply with the normal responses. clearance procedures under this part Overview of this information AGENCY: Fish and Wildlife Service, because normal clearance procedures collection: Interior. are reasonably likely to prevent or (1) Type of Information Collection: ACTION: Notice; request for comments. disrupt the collection of information. Extension of a previously approved Emergency review and approval of this information collection. SUMMARY: The Fish and Wildlife Service information collection will ensure that (2) Title of the Form/Collection: (We) has submitted the collection of the collection may continue. Therefore, Petition for Nonimmigrant Worker. information listed below to OMB for OMB approval has been requested by (3) Agency form number, if any, and approval under the provisions of the October 31, 2004. the applicable component of the Paperwork Reduction Act of 1995. If

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you wish to obtain copies of the expires on September 30, 2004. We are impact on wildlife-oriented recreation, proposed information collection requesting a 3-year term of approval for and other benefits. Because grant requirement, the related form, or this information collection activity. applicants complete the summary explanatory material, contact the OMB has up to 60 days to approve or information, the information is a Service Information Collection disapprove this information collection thorough and accurate summary of the Clearance Officer at the address listed but may respond after 30 days. To proposal. This summary information below. ensure consideration, send your allows easy ranking of proposals in a comments to OMB by the date listed in short period of time. DATES: You must submit comments on the DATES Title: Summary Information for or before October 29, 2004. section near the beginning of this Notice. Ranking National Coastal Wetlands ADDRESSES: Submit your comments on Federal agencies may not conduct or Conservation Grant Program Proposals, this information collection renewal to sponsor, and a person is not required to 50 CFR 84. the Desk Officer for the Department of respond to, a collection of information OMB Control Number: 1018–0111. the Interior at OMB–OIRA at (202) 395– unless it displays a currently valid OMB Form Number: 3–2179. 6566 (fax) or Frequency of Collection: Annual. _ control number. On May 14, 2004, we OIRA [email protected] (e-mail). published in the Federal Register (69 Description of Respondents: Coastal Please provide a copy of your comments FR 26877) a notice announcing that we States and territories, as follows: to the Fish and Wildlife Service planned to submit a request to renew States bordering the Great Lakes Information Collection Clearance this information collection to OMB for (Illinois, Indiana, Michigan, Minnesota, Officer, 4401 N. Fairfax Dr., MS 222 approval under the Paperwork New York, Ohio, Pennsylvania, and ARLSQ, Arlington, VA 22203; (703) Wisconsin); Most States bordering the _ Reduction Act of 1995. In that notice, 358–2269 (fax); or hope [email protected] we solicited public comments for 60 Atlantic, Gulf, and Pacific coasts (e-mail). days, ending July 13, 2004. By that date, (Alabama, Alaska, California, FOR FURTHER INFORMATION CONTACT: To we received one comment, which was Connecticut, Delaware, Florida, Georgia, request a copy of the information editorial in nature. The commenter Hawaii, Maine, Maryland, collection request, explanatory expressed concern that more land needs Massachusetts, Mississippi, New information, or the related form, contact to be conserved but did not comment on Hampshire, New Jersey, New York, Hope Grey by phone at (703) 358–2482, the merits of this information collection. North Carolina, Oregon, Rhode Island, or by e-mail at [email protected]. As such, we have not made any changes South Carolina, Texas, Virginia, and SUPPLEMENTARY INFORMATION: OMB to our information collection at this Washington); and Territories of regulations at 5 CFR 1320, which time. American Samoa, Commonwealth of the implement provisions of the Paperwork We administer the National Coastal Northern Mariana Islands, Guam, Puerto Reduction Act of 1995 (44 U.S.C. 3501 Wetlands Conservation Grant program Rico, and the Virgin Islands. et seq.), require that interested members authorized by the Coastal Wetlands (Please note that Louisiana is not of the public and affected agencies have Planning, Protection and Restoration included in this program because it has an opportunity to comment on Act (16 U.S.C. 3951–3956). We use the its own wetlands conservation program information collection and information collected on FWS Form 3– authorized by the Coastal Wetlands recordkeeping activities (see 5 CFR 2179 to evaluate proposals under this Planning, Protection and Restoration 1320.8(d)). We have submitted a request program. The information collected Act and implemented by the Corps of to OMB to renew approval of the includes summarized information on Engineers with assistance from the State collection of information included on habitat, coastal barriers, levels of of Louisiana, the Environmental FWS Form 3–2179 (Summary conservation, watershed management, Protection Agency, and the Departments Information for Ranking of National threatened and/or endangered species of the Interior, Agriculture, and Coastal Wetlands Grant Program potentially involved, benefits of the Commerce.) Proposals). This form is approved under restoration proposed, partners, cost Total Annual Burden Responses: 35. OMB control number 1018–0111, which sharing, education/outreach impact, Total Annual Burden Hours: 18.

Annual num- Form Completion time per form ber of re- Annual hour name sponses burden

3–2179 1⁄2 hour ...... 35 17.5

We again invite comments on: (1) mechanical, or other technological DEPARTMENT OF THE INTERIOR Whether or not the collection of collection techniques or other forms of information is necessary for the proper information technology. Fish and Wildlife Service performance of the functions of the Dated: September 17, 2004. Receipt of Applications for Permit agency, including whether or not the Hope Grey, information will have practical utility; AGENCY: Fish and Wildlife Service, (2) the accuracy of our estimate of the Information Collection Clearance Officer, Fish and Wildlife Service. Interior. burden of the collection of information; [FR Doc. 04–21849 Filed 9–28–04; 8:45 am] ACTION: Notice of receipt of applications (3) ways to enhance the quality, utility, for permit. and clarity of the information to be BILLING CODE 4310–55–P collected; and (4) ways to minimize the SUMMARY: The public is invited to burden of collection of information on comment on the following applications respondents, including through the use to conduct certain activities with of appropriate automated, electronic, endangered species.

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DATES: Written data, comments or Applicant: Roger J. Wendel, SUPPLEMENTARY INFORMATION: requests must be received by October Vancouver, WA; PRT–093180. Permit No.: TE–022514 29, 2004. The applicant requests a permit to ADDRESSES: Documents and other import the sport-hunted trophy of one Applicant: Patrick Tennant, Costa Mesa, information submitted with these male bontebok (Damaliscus pygargus California. applications are available for review, pygargus) culled from a captive herd The permittee requests an amendment subject to the requirements of the maintained under the management to take (harass by survey and locate and Privacy Act and Freedom of Information program of the Republic of South Africa, monitor nests) the southwestern willow Act, by any party who submits a written for the purpose of enhancement of the flycatcher (Empidonax traillii extimus), request for a copy of such documents survival of the species. and to take (locate and monitor nests) within 30 days of the date of publication Dated: September 17, 2004. the least Bell’s vireo (Vireo pusillus of this notice to: U.S. Fish and Wildlife Monica Farris, bellii) in conjunction with surveys in Service, Division of Management Senior Permit Biologist, Branch of Permits, Orange, Riverside, San Diego, Los Authority, 4401 North Fairfax Drive, Division of Management Authority. Angeles, Ventura, Imperial, and San Room 700, Arlington, Virginia 22203; [FR Doc. 04–21782 Filed 9–28–04; 8:45 am] Bernardino Counties, California, for the fax (703) 358–2281. BILLING CODE 4310–55–P purpose of enhancing their survival. FOR FURTHER INFORMATION CONTACT: Permit No.: TE–091987 Division of Management Authority, telephone (703) 358–2104. DEPARTMENT OF THE INTERIOR Applicant: Zachary Principe, Murrieta, SUPPLEMENTARY INFORMATION: California. Fish and Wildlife Service The applicant requests a permit to Endangered Species take (capture and collect and sacrifice) The public is invited to comment on Endangered Species Recovery Permit the Conservancy fairy shrimp the following applications for a permit Applications (Branchinecta conservatio), the to conduct certain activities with AGENCY: Fish and Wildlife Service, longhorn fairy shrimp (Branchinecta endangered species. This notice is Interior. longiantenna), the Riverside fairy provided pursuant to section 10(c) of ACTION: Notice of receipt of permit shrimp (Streptocephalus wootoni), the the Endangered Species Act of 1973, as applications. San Diego fairy shrimp (Branchinecta amended (16 U.S.C. 1531, et seq.). sandiegonensis), and the vernal pool Written data, comments, or requests for SUMMARY: The following applicants have tadpole shrimp (Lepidurus packardi) in copies of these complete applications applied for a scientific research permit conjunction with surveys throughout should be submitted to the Director to conduct certain activities with southern California for the purpose of (ADDRESSES above). endangered species pursuant to section enhancing their survival. Applicant: Zoological Society of San 10(a)(1)(A) of the Endangered Species Diego, San Diego, CA; PRT–727416. Act (16 U.S.C. 1531 et seq.). The U.S. Permit No.: TE–092163 The applicant requests renewal of Fish and Wildlife Service (‘‘we’’) solicits Applicant: Shelby Howard, Costa Mesa, their permit to import multiple review and comment from local, State, California. shipments of biological samples from and Federal agencies, and the public on The applicant requests a permit to wild, captive-held, or captive-born the following permit requests. take (harass by survey) the southwestern endangered species for the purpose of DATES: Comments on these permit willow flycatcher (Empidonax traillii Scientific Research. No animals can be applications must be received on or extimus) in conjunction with surveys in intentionally killed for the purpose of before October 29, 2004. San Diego and Los Angeles Counties, collecting specimens. Any invasively ADDRESSES: Written data or comments California, for the purpose of enhancing collected samples can only be collected should be submitted to the U.S. Fish its survival. by trained personnel. This notification and Wildlife Service, Chief, Endangered covers activities to be conducted by the Permit No.: TE–092162 Species, Ecological Services, 911 NE. applicant over a five-year period. 11th Avenue, Portland, Oregon 97232– Applicant: Andrew Borcher, Santee, Applicant: Felix G. Stavinoha, California. Schulenburg, TX; PRT–093431. 4181 (fax: 503–231–6243). Please refer The applicant requests a permit to to the respective permit number for each The applicant requests a permit to authorize interstate and foreign application when submitting comments. take (survey by pursuit) the Quino commerce, export, and cull of excess All comments received, including checkerspot butterfly (Euphydryas male barasingha (Cervus duvauceli) names and addresses, will become part editha quino) in conjunction with from his captive herd for the purpose of of the official administrative record and surveys throughout the range of the enhancement of the survival of the may be made available to the public. species in California for the purpose of species. FOR FURTHER INFORMATION CONTACT: enhancing its survival. Documents and other information Applicant: Morris Animal Permit No.: TE–092176 Foundation, Englewood, CO; PRT– submitted with these applications are 772163. available for review, subject to the Applicant: Susan Ingram, Camarillo, The applicant requests renewal of requirements of the Privacy Act and California. their permit for the import of multiple Freedom of Information Act, by any The applicant requests a permit to shipments of biological samples from party who submits a written request for take (survey by pursuit) the wild gorillas (Gorilla gorilla) from a copy of such documents within 30 southwestern willow flycatcher Rwanda, Uganda, and the Democratic days of the date of publication of this (Empidonax traillii extimus) in Republic of the Congo for the purpose notice to the address above (telephone: conjunction with surveys in Los of scientific research of animal health 503–231–2063). Please refer to the Angeles, San Bernardino, Inyo, Kern, concerns. This notification covers respective permit number for each and Santa Barbara Counties, California, activities to be conducted by the application when requesting copies of for the purpose of enhancing its applicant over a five-year period. documents. survival.

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Permit No.: TE–092476 sandiegonensis), and the vernal pool U.S.C. 4321, et seq.), the U.S. Fish and Applicant: Scott Quinnell, Yucaipa, tadpole shrimp (Lepidurus packardi) in Wildlife Service (Service) advises the California. conjunction with surveys in southern public that we intend to perform a The applicant requests a permit to California for the purpose of enhancing scoping process to gather information take (survey by pursuit) the Quino their survival. necessary to help develop a NEPA document and determine whether to checkerspot butterfly (Euphydryas Permit No.: TE–093150 editha quino) in conjunction with prepare an Environmental Assessment Applicant: Melissa Olson, Murrieta, (EA) or an Environmental Impact surveys throughout the range of the California. species in California for the purpose of Statement (EIS) on the proposed Habitat The applicant requests a permit to enhancing its survival. Conservation Plan (HCP) for the former take (survey by pursuit) the Quino Fort Ord Federal military installation in Permit No.: TE–091462 checkerspot butterfly (Euphydryas Monterey County, California. The Applicant: Karen Drewe, Irvine, editha quino) in conjunction with decision to prepare an EIS or EA is, in California. surveys throughout the range of the part, contingent upon the complexity of The applicant requests a permit to species in California for the purpose of issues identified during and following take (harass by survey) the Quino enhancing its survival. the scoping phase of the NEPA process. The proposed Fort Ord HCP is being checkerspot butterfly (Euphydryas Permit No.: TE–093149 editha quino) in conjunction with prepared in compliance with the Applicant: Dean Blinn, Flagstaff, Federal Endangered Species Act of surveys throughout the range of the Arizona. species in California for the purpose of 1973, as amended (ESA) (16 U.S.C. 1531 enhancing its survival. The applicant requests a permit to et seq.). take (collect) the Amargosa pupfish The HCP is meant to support the Permit No.: TE–090990 (Cyprinodon nevadensis) in conjunction issuance of incidental take permits to Applicant: The Catalina Island with research in Nye County, Nevada, the Fort Ord Reuse Authority (FORA), Conservancy, Avalon, California. for the purpose of enhancing its State Parks, University of California at The applicant requests a permit to survival. Santa Cruz, California State University take (harass by survey, capture, handle, Permit No.: TE–080774 at Monterey Bay, and the County of measure, sex, insert passive integrated Monterey (the Applicants) from the Applicant: U.S. Mendocino National transponder tags, radio-collar, vaccinate, Service under section 10(a)(1)(B) of the Forest, Arcata, California. administer veterinary medical ESA and from the California Department treatments, captive propagate, collect The permittee requests an amendment of Fish and Game (CDFG) under section blood and fecal samples, transport, and to take (collect tissue, use video cameras 2081 of the California Fish and Game release) the Santa Catalina Island fox in burrows, and excavate burrows to Code in compliance with the California (Urocyon littoralis catalinae; fox) in locate dead beavers) the Point Arena Endangered Species Act (CESA). conjunction with scientific research on Mountain Beaver (Aplodontia rufa nigra) in conjunction with scientific We provide this notice to: the fox and feral cats, and feral goat and (1) Advise other Federal and State pig removal on Santa Catalina Island, research in Mendocino County, California, for the purpose of enhancing agencies, affected tribes, and the public California, for the purpose of enhancing of our intent to prepare an EA or an EIS; its survival. its survival. We solicit public review and (2) Announce the initiation of a 30- Permit No.: TE–093151 comment on each of these recovery day public scoping period; and Applicant: Richard Rivas, Fair Oaks, permit applications. (3) Obtain suggestions and California. Dated: September 15, 2004. information on the scope of issues and The applicant requests a permit to John Engbring, alternatives to be considered in the take (capture and collect and sacrifice) Acting Manager, California/Nevada scoping process. the Conservancy fairy shrimp Operations Office, U.S. Fish and Wildlife DATES: Public scoping meetings will be Service. (Branchinecta conservatio), the held on: Wednesday, October 13, 2004, longhorn fairy shrimp (Branchinecta [FR Doc. 04–21823 Filed 9–28–04; 8:45 am] from 3:30 p.m. to 5:30 p.m. and 7 p.m. longiantenna), the Riverside fairy BILLING CODE 4310–55–P to 9 p.m. Written comments should be shrimp (Streptocephalus wootoni), the received on or before October 29, 2004. San Diego fairy shrimp (Branchinecta sandiegonensis), and the vernal pool DEPARTMENT OF THE INTERIOR ADDRESSES: The public meeting will be tadpole shrimp (Lepidurus packardi) in held in the FORA Conference Facility/ conjunction with surveys throughout Fish and Wildlife Service Bridge Center, 13th Street, Building California for the purpose of enhancing 2925, Marina, CA 93933. Information, Notice of Intent To Prepare an their survival. written comments, or questions related Environmental Document for Issuance to the preparation of the EA or EIS and Permit No.: TE–092469 of an Incidental Take Permit the NEPA process should be submitted Applicant: Ingrid Chlup, Santa Ana, Associated With a Habitat to the U.S. Fish and Wildlife Service, California. Conservation Plan at the Fort Ord Ventura Fish and Wildlife Office, 2493 The applicant requests a permit to Military Installation, Monterey County, Portola Road, Suite B, Ventura, take (capture and collect and sacrifice) CA California 93003; or FAX (805) 644– the Conservancy fairy shrimp AGENCY: Fish and Wildlife Service, 1766. (Branchinecta conservatio), the Interior. FOR FURTHER INFORMATION CONTACT: longhorn fairy shrimp (Branchinecta ACTION: Notice of intent. longiantenna), the Riverside fairy Diane Steeck at the above Ventura address, or at (805) 644–1766. shrimp (Streptocephalus wootoni), the SUMMARY: Pursuant to the National San Diego fairy shrimp (Branchinecta Environmental Policy Act (NEPA) (42 SUPPLEMENTARY INFORMATION:

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Reasonable Accommodation of California (UC), the Fort Ord Reuse salamander (Ambystoma californiense), Persons needing reasonable Authority (FORA) and other members of California black legless lizard (Anniella accommodations in order to attend and the local Monterey Bay area community pulchra nigra), Western snowy plover participate in the public meeting should were all active participants in the (Charadrius alexandrinus nivosus), and contact Marilyn Bishop of the Ventura development of the HMP. The HMP Monterey ornate shrew (Sorex ornatus Fish and Wildlife Office at 805–644– thus describes a cooperative Federal, salarius). Eleven plant species that are 1766 as soon as possible. In order to State, and local conservation program either listed, candidate, or species of allow sufficient time to process for plant and animal species and concern are also proposed Covered requests, please call no later than 1 habitats of concern known to occur at Species under the HCP, including: Sand week before the public meeting. Fort Ord. gilia (Gilia tenuiflora ssp. arenaria), Information regarding this proposed The HMP’s conservation program Monterey spineflower (Chorizanthe action is available in alternative formats establishes land use categories and pungens var. pungens), Robust upon request. habitat management requirements for all spineflower (Chorizanthe robusta var. lands on the former base. Developable robusta), Seaside bird’s-beak Background lands and habitats reserve areas are (Cordylanthus rigidus var. littoralis), The Former Fort Ord defined along with habitat corridors and Toro manzanita (Arctostaphylos restricted development areas. Resources montereyensis), Sandmat manzanita The former Fort Ord military conservation and management (Arctrostaphylos pumila), Monterey installation spans 28,000 acres near the requirements are described and ceanothus (Ceanothus cuneatus var. cities of Seaside, Sand City, Monterey, responsible parties for each designated rigidus), Eastwood’s ericameria Del Rey Oaks and Marina in Monterey habitat area on the former base are (Ericameria fasciculate), Coast County, California. Fort Ord was identified. wallflower (Erysimum ammophilum), established in 1917 as a training for While the conservation program Yadon’s piperia (Piperia yadoni), and infantry troops. It was expanded for use established by the HMP is intended to Hooker’s manzanita (Arctostaphylos as a maneuver and training ground for be a comprehensive program for the hookeri). To apply for such permits, field artillery and cavalry troops former base, it stems form an agreement applicants must submit a conservation stationed at the Presidio of Monterey. between the Army and the Service and plan along with their applications. The The 1991 Defense Base Realignment and does not exempt other landowners HCP, integrating key components of the Closure Commission recommended that (existing or future) of transferred HMP with additional elements required Fort Ord be closed. The base was closed property from ESA section 9 of an HCP (pursuant to 50 CFR 17.22(b)) in September 1994. prohibitions against take of listed is being prepared to provide a stand- Closure, disposal and reuse of former species or from compliance with the alone HCP that is satisfactory to the Fort Ord required consultation between provisions of CESA. Under the ESA, the Service and CDFG. the U.S. Department of the Army (Army) following activities are defined as take: Incidental take of Covered Species is and the Service under section 7 of the harass, harm, pursue, hunt, shoot, proposed to occur as the former base is ESA because the Army’s actions wound, kill, trap, capture or collect redeveloped consistent with the HCP. potentially affected several species listed animal species, or attempt to The proposed activities covered in the listed as threatened or endangered or engage in such conduct (16 U.S.C. draft HCP include rehabilitation and proposed for listing under the ESA. As 1538). However, the HMP was also construction of roads, utilities and other a result of that consultation, the Service produced with the intent of benefiting infrastructure to support new research/ issued a biological opinion on October all parties involved in the reuse of the educational, residential, commercial, 19, 1993, and subsequent biological and former base by establishing a basis for light industrial, recreational and other conference opinions in 1997, 1999, and regulatory compliance for other development, generating approximately 2002, finding that no jeopardy to landowners of transferred property. The 18,000 jobs. Management activities on federally listed plant and animal species HMP was intended to serve as the basis non-federal lands such as weed control, or plants and animals proposed for for the proposed HCP and to support the fencing, and burning will also be listing would result from the Army’s possible issuance of incidental take included as proposed covered activities actions. A key provision of the Army’s permits under section 10(a)(1)(B) of the in the HCP. About 12,000 housing units project description was the ESA to non-Federal land recipients. are anticipated to be constructed on the development and implementation of a Habitat Conservation Plan (HCP) former base supporting a population of habitat management plan (HMP) to about 37,000 people. To accommodate minimize incidental take of listed The Service has recommended that all this growth and development, up to species and their habitat and to mitigate non-Federal entities acquiring lands at 6,000 acres of existing habitat on the for impacts to vegetation and wildlife the former Fort Ord apply for section former base will be removed. However, resources resulting from the Army’s 10(a)(1)(B) incidental take permits for the base-wide program for habitat actions. In the 1993 biological opinion, all species covered in the HMP (Covered preservation and management of the Service also recommended that the Species). In addition, CDFG requires approximately 17,600 acres of lands on Army’s HMP consider all proposed and non-Federal entities to obtain incidental former Fort Ord is intended to minimize candidate species for Federal listing and take permits pursuant to section 2081 of and fully mitigate losses to Covered other special-status species. the California Fish and Game Code if Species and their habitats that would In response to this requirement, the State-listed species will be taken. Seven result from base redevelopment. The Army developed the HMP with input animal species that are either listed, requested permit term is 50 years. from Federal, State, and local agencies candidates, or designated species of and organizations concerned with the concern are proposed Covered Species NEPA Document natural resources and reuse of Fort Ord. under the HCP, including: Smith’s blue The EA or EIS will consider the The Service, the Bureau of Land butterfly (Euphilotes enoptes smithi), proposed action, the issuance of a Management (BLM), CDFG, the California linderiella (Linderiella section 10(a)(1)(B) permit under the Act, California Department of Parks and occidentalis), California red-legged frog and a reasonable range of alternatives. A Recreation (State Parks), the University (Rana aurora draytoni), California tiger detailed description of the impacts of

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the proposed action and each alternative procedures for compliance with those DEPARTMENT OF THE INTERIOR will be included in the EA or EIS. regulations. This notice is being Several alternatives, including a No furnished in accordance with 40 CFR Fish and Wildlife Service Action Alternative, will be considered 1501.7 of NEPA to obtain suggestions Issuance of Permits and analyzed, representing varying and information from other agencies levels of conservation, impacts, and and the public on the scope of issues AGENCY: Fish and Wildlife Service, permit area configurations. The No and alternatives to be addressed in the Interior. Action alternative means that the EA or EIS. The primary purpose of the ACTION: Notice of issuance of permits for Service would not issue a section scoping process is to identify important 10(a)(1)(B) permit. marine mammals. issues raised by the public, related to The EA or EIS will identify the proposed action. Written comments SUMMARY: The following permits were potentially significant direct, indirect, issued. and cumulative impacts on biological from interested parties are welcome to resources, land use, air quality, water ensure that the full range of issues ADDRESSES: Documents and other quality, water resources, economics, and related to the permit request is information submitted with these other environmental issues that could identified. Written comments are applications are available for review, occur with the implementation of the encouraged, and we will accept written subject to the requirements of the Service’s proposed actions and comments at the public meetings. In Privacy Act and Freedom of Information alternatives. For all potentially addition, you may submit written Act, by any party who submits a written significant impacts, the EA or EIS will comments by mail or facsimile request for a copy of such documents to: identify avoidance, minimization, and transmission (see ADDRESSES). All U.S. Fish and Wildlife Service, Division mitigation measures to reduce these comments received, including names of Management Authority, 4401 North impacts where feasible, to a level below and addresses, will become part of the Fairfax Drive, Room 700, Arlington, significance. Where possible, we intend official administrative record and may Virginia 22203; fax (703) 358–2281. to incorporate by reference applicable be made available to the public. FOR FURTHER INFORMATION CONTACT: sections from existing documents, such Division of Management Authority, Dated: September 21, 2004. as the Army’s 1993 EIS and 1996 telephone (703) 358–2104. Ron Cole, Supplemental EIS on Fort Ord disposal SUPPLEMENTARY INFORMATION: Notice is and reuse. Deputy Manager, California/Nevada hereby given that on the dates below, as Review of this project will be Operations Office, U.S. Fish and Wildlife authorized by the provisions of the conducted in accordance with the Service. Marine Mammal Protection Act of 1972, National Environmental Policy Act of [FR Doc. 04–21813 Filed 9–28–04; 8:45 am] as amended (16 U.S.C. 1361, et seq.), the 1969, as amended (42 U.S.C. 4321 et BILLING CODE 4310–55–M Fish and Wildlife Service issued the seq.), NEPA regulations (40 CFR parts requested permit(s) subject to certain 1500–1508) found at (http:// conditions set forth therein. www.legal.gsa.gov), other appropriate Federal laws, and Service policies and Marine Mammals

Permit Receipt of application Federal Register Permit issuance number Applicant notice date

086649 ..... Philip A. Teel ...... 69 FR 30715; May 28, 2004 ...... August 5, 2004 089464 ..... Randy C. Brooks ...... 69 FR 40965; July 7, 2004 ...... September 7, 2004

Dated: September 17, 2004. DATES: The Gulf of Mexico Regional 5912, or Everett Wilson, U.S. Fish and Monica Farris, Panel will meet from 1 p.m. to 5 p.m. Wildlife Service at 703–358–2148. Senior Permit Biologist, Branch of Permits, on Monday, November 8, 2004, 8:30 SUPPLEMENTARY INFORMATION: Pursuant Division of Management Authority. a.m. to 5 p.m. on Tuesday, November 9, to section 10(a)(2) of the Federal [FR Doc. 04–21783 Filed 9–28–04; 8:45 am] 2004, and 8:30 a.m. to 12 p.m. on Advisory Committee Act (5 U.S.C. app. BILLING CODE 4310–55–P Wednesday, November 10, 2004. I), this notice announces meetings of the Minutes of the meeting will be available Aquatic Nuisance Species Task Force for public inspection during regular Gulf of Mexico Regional Panel. The DEPARTMENT OF THE INTERIOR business hours, Monday through Friday. Task Force was established by the ADDRESSES: The Gulf of Mexico Nonindigenous Aquatic Nuisance Fish and Wildlife Service Regional Panel meeting will be held at Prevention and Control Act of 1990. The the Palace Resort and Hotel, 158 Gulf of Mexico Regional Panel was Aquatic Nuisance Species Task Force Howard Avenue, Biloxi, MS 39530. established by the ANS Task Force in Gulf of Mexico Regional Panel Meeting Phone 228–432–8888. Minutes of the 1999 and is comprised of AGENCY: Fish and Wildlife Service, meeting will be maintained in the office representatives from Federal, State, and Interior. of Chief, Division of Environmental local agencies and from private ACTION: Notice of meeting. Quality, U.S. Fish and Wildlife Service, environmental and commercial Suite 322, 4401 North Fairfax Drive, interests. SUMMARY: This notice announces a Arlington, Virginia 22203–1622. The purpose of the Panel is to advise meeting of the Aquatic Nuisance FOR FURTHER INFORMATION CONTACT: Ron and make recommendations to the Species (ANS) Task Force Gulf of Lukens, Gulf of Mexico Panel Chair, Aquatic Nuisance Species Task Force on Mexico Regional Panel. The meeting Assistant Director, Gulf States Marine issues relating to the Gulf of Mexico topics are identified in the Fisheries Commission, PO Box 726, region of the United States that SUPPLEMENTARY INFORMATION. Ocean Springs, MS 39566, 228–875– includes: Alabama, Florida, Louisiana,

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Mississippi, and Texas. Responsibilities agenda items, resolutions, and species international.fws.gov/cop%2013/ of the Panel include: proposals submitted by other countries cop13.htm. If you wish to contact the a. Identifying priorities for the Gulf of and the CITES Secretariat for U.S. delegation to COP13 during the Mexico Region with respect to aquatic consideration by the Conference of the meeting, you may send an e-mail to the nuisance species; Parties to the Convention on following address: b. Making recommendations to the International Trade in Endangered [email protected]. Task Force regarding actions to carry Species of Wild Fauna and Flora FOR FURTHER INFORMATION CONTACT: out aquatic invasive species programs. (CITES) at its thirteenth regular meeting For c. Assisting the Task Force in (COP13). The meeting will be held in information pertaining to resolutions, coordinating Federal aquatic nuisance Bangkok, Thailand, October 2–14, 2004. discussion papers, and agenda items, species program activities in the Gulf of With this notice we also announce a contact Peter O. Thomas, Ph.D., Chief, Mexico region; public meeting to be held after the Division of Management Authority, U.S. d. Coordinating, where possible, conclusion of COP13 to inform the Fish and Wildlife Service, tel. 703–358– aquatic invasive species program public of the results of COP13 and 2095; fax 703–358–2298; e-mail: activities in the Gulf of Mexico region invite public input on whether the [email protected]. For information that are not conducted pursuant to the United States should take a reservation pertaining to species proposals, contact Nonindigenous Aquatic Nuisance on any of the amendments to the CITES Robert R. Gabel, Chief, Division of Prevention and Control Act of 1990 (as Appendices adopted at the meeting. Scientific Authority, U.S. Fish and Wildlife Service, tel. 703–358–1708; fax amended, 1996); DATES: In further developing U.S. e. Providing advice to public and 703–358–2276; e-mail: negotiating positions on these issues, we [email protected]. private individuals and entities will continue to consider information concerning methods of controlling and comments submitted in response to SUPPLEMENTARY INFORMATION: aquatic nuisance species; and our notice of July 2, 2004 (69 FR 40411). Background f. Submitting an annual report We will also continue to consider describing activities within the Western information received at the public The Convention on International region related to aquatic nuisance meeting announced in that notice, Trade in Endangered Species of Wild species prevention, research, and which was held on August 12, 2004. Fauna and Flora, (CITES or the control. The public meeting to be held after Convention), is an international treaty The Gulf of Mexico Regional Panel COP13 will be held on December 13, designed to control and regulate will discuss several topics at this 2004, at 1:30 p.m. international trade in certain animal and meeting including: Panel administrative ADDRESSES: Please send comments plant species that are now or potentially issues, potential new memberships, may become threatened with extinction updates on the status of State ANS pertaining to resolutions and agenda items to the Division of Management due to trade. These species are listed in management plans, presentations from Appendices to CITES, COPies of which South Atlantic States, a discussion on Authority, U.S. Fish and Wildlife Service, 4401 North Fairfax Drive, Room are available from the Division of the pet industry project, a discussion of Management Authority or the Division the public aquarium project, work group 700, Arlington, VA 22203, or via e-mail at: [email protected]. Please send of Scientific Authority at the above reports, and a discussion of strategic addresses, from our Web site at http:// plan development. comments pertaining to species proposals to the Division of Scientific international.fws.gov, or from the Dated: September 10, 2004. Authority, U.S. Fish and Wildlife official CITES Secretariat (Secretariat) M. A. Parker, Service, 4401 North Fairfax Drive, Room Web site at http://www.cites.org/. Co-Chair, Aquatic Nuisance Species Task 750, Arlington, VA 22203, or via e-mail Currently, 166 countries, including the Force, Assistant Director—Fisheries & Habitat to: [email protected]. United States, are Parties to CITES. Conservation. Comments and materials that we receive CITES calls for regular meetings of the [FR Doc. 04–21781 Filed 9–28–04; 8:45 am] will be available for public inspection, Conference of the Parties (COP) to BILLING CODE 4310–55–P by appointment, from 8 a.m. to 4 p.m., review issues pertaining to CITES Monday through Friday, at the Division implementation, make provisions of Management Authority and the enabling the CITES Secretariat to carry DEPARTMENT OF THE INTERIOR Division of Scientific Authority. out its functions, consider amendments to the list of species in Appendices I Fish and Wildlife Service Public Meeting and II, consider reports presented by the Secretariat, and make recommendations Conference of the Parties to the The post-COP13 public meeting will to improve the effectiveness of CITES. Convention on International Trade in be held in the Rachel Carson Room, in Any country that is a Party to CITES Endangered Species of Wild Fauna the Department of the Interior at 18th may propose and vote on amendments and Flora (CITES); Thirteenth Regular and C Streets, NW., Washington, DC. to Appendices I and II (species Meeting; Tentative U.S. Negotiating Directions to the building may be proposals), resolutions, decisions, Positions for Agenda Items and obtained by contacting the Division of discussion papers, and agenda items Species Proposals Submitted by Management Authority (see FOR submitted for consideration by the Foreign Governments and the CITES FURTHER INFORMATION CONTACT, below). Conference of the Parties. Accredited Secretariat; Announcement of Public Available Information nongovernmental organizations may Meeting Information concerning the results of participate in the meeting as approved AGENCY: Fish and Wildlife Service, COP13 will be available after the close observers and may speak during Interior. of the meeting on the Secretariat’s Web sessions when recognized by the ACTION: Notice. site at http://www.cites.org, or upon meeting Chairman, but they may not request from the Division of vote or submit proposals. COP13 will be SUMMARY: This notice announces the Management Authority, or via our held in Bangkok, Thailand, October 2– tentative U.S. negotiating positions on COP13 Web site at http:// 14, 2004.

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This is fourth in a series of Federal Tentative Negotiating Positions suggested changes in view of these Register notices that, together with concerns. In this notice we summarize the announced public meetings, provide Agenda (Provisional) [Doc. 3] you with an opportunity to participate tentative U.S. negotiating positions on agenda items, resolutions, and proposals in the development of U.S. tentative Opening Ceremony and Welcoming to amend the Appendices that have negotiating positions for COP13. In this Addresses been submitted by other countries and notice we announce the tentative U.S. the CITES Secretariat. Documents The Secretariat will not prepare a negotiating positions on agenda items, submitted by the United States for document on these agenda items. resolutions, and species proposals consideration of the Parties at COP13 According to tradition, as the host submitted by other countries and the can be found on the Secretariat’s Web country for COP13, Thailand will Secretariat for consideration at COP13. site at: http://www.cites.org/eng/COP/ conduct an opening ceremony and make In our first Federal Register notice of 13/docs/index.shtml. Those documents welcoming remarks. June 19, 2003 (68 FR 36831), we are: COP13 Doc. 41, COP13 Doc. 47, Strategic and Administrative Matters requested information and COP13 Doc. 48, COP13 Doc. 49, COP13 recommendations on species proposals, Doc. 51, and COP13 Doc. 52. The United 1. Rules of Procedure: proposed resolutions and decisions, and States, either alone or as a co-proponent, 1.1 Use of secret ballots (Doc. 1.1). agenda items for the United States to submitted the following proposals to Tentative U.S. negotiating position: consider submitting for consideration at amend the Appendices I and II: COP13 Support. With Document COP13 Doc. COP13. In our second Federal Register Prop. 5, COP13 Prop. 10, COP13 Prop. 1.1, the Standing Committee proposes notice, published on January 12, 2004 12, COP13 Prop. 14, COP13 Prop. 16, not making any changes to the Rules of (69 FR 1757), we listed each issue that COP13 Prop. 18, COP13 Prop. 20, Procedure of the Conference of the the United States was considering COP13 Prop. 21, COP13 Prop. 23, Parties relating to the use of secret submitting for COP13. In that notice, we COP13 Prop. 33, COP13 Prop. 47, and ballots. The United States historically has not supported the use of secret also invited public comments and COP13 Prop. 48. In this notice, we will ballots, believing that the process at a information on these potential not provide any additional explanation COP should be as transparent as proposals, announced a public meeting of the U.S. negotiating position for possible, and that open voting to discuss them, and provided documents that the United States submitted. The introduction in the text encourages responsible voting by the information on how nongovernmental Parties. The United States agrees that organizations based in the United States of each of the documents the United States submitted contains a discussion the Rules of Procedure should not be could attend COP13 as observers. At the changed to facilitate the increased use of same time we posted an expanded of the background of the issue and the rationale for submitting the document. secret ballots, and would only support document on our Web site (http:// changes to decrease their use. international.fws.gov/) that provided In this notice, numerals next to each 1.2 Adoption of the Rules of detailed background for proposed agenda item or resolution correspond to Procedure (Doc. 1.2). Tentative U.S. resolutions, proposed decisions, and the numbers used in the agenda for negotiating position: Support. The agenda items that the United States was COP13 and posted on the Secretariat’s CITES Secretariat prepared document considering submitting for Web site. When we completed the COP13 Doc. 1.2, the draft Rules of consideration at COP13, as well as for notice, the Secretariat had not yet made Procedure for COP13. The draft contains proposed amendments to the available documents for a number of the amendments to Rules 3.2, 3.5, and 15.1, Appendices that the United States was agenda items on the COP13 agenda. For and to the title of Rule 20 agreed to by considering submitting. On February 5, several other documents, we are still the Standing Committee at its 50th 2004, we held the public meeting working with other agencies in the meeting (SC50) in March 2004. As the announced in our second Federal United States and other CITES Parties in concerns raised by the United States to Register notice; at that meeting, we negotiating the U.S. position. The these amendments were addressed by discussed the issues contained in our documents for which we do not the Standing Committee, and are January 12 Federal Register notice and currently have tentative U.S. negotiating reflected in document CoP13 Doc. 1.2, in our Web site posting on the same positions are: COP13 Doc. 9.2.1, COP13 the United States supports the draft Doc. 17, COP13 Doc. 29.2, COP13 Doc. topic. In our third Federal Register Rules of Procedure. 29.3, and COP13 Doc. 56.2. notice, published on July 2, 2004 (69 FR 2. Election of Chairman and Vice- 40411), we announced the provisional In the discussion that follows, we Chairman of the meeting and of agenda for COP13, solicited public have included a brief description of Chairman of Committees I and II (No comment on items on the provisional each proposed resolution, agenda item, document). Tentative U.S. negotiating agenda, and announced a public or species proposal submitted by other position: Undecided. According to meeting to discuss the agenda items. countries or the Secretariat, followed by tradition, the host country—in this case, That public meeting was held on August a brief explanation of the tentative U.S. Thailand—will provide the Conference negotiating position for that item. New 12, 2004. Chair. The United States will support information that may become available the election of Committee Chairs and a You may locate our regulations at COP13 could lead to modifications of Vice-Chair of the Conference who have governing this public process in 50 CFR these positions. The U.S. delegation will the required technical knowledge and 23.31–23.39. Pursuant to 50 CFR 23.38 fully disclose changes in our negotiating skills and also reflect the geographic (a), the Director has decided to suspend positions and the explanations for those and cultural diversity of the CITES the procedure for publishing a notice of changes during public briefings at Parties. final negotiating positions in the COP13. The United States is concerned 3. Adoption of the agenda (Doc. 3). Federal Register because time and about the budgetary implications and Tentative U.S. negotiating position: resources needed to prepare a Federal workload burden that will be placed Support. Register notice would detract from upon the Parties, the Committees, and 4. Adoption of the working essential preparation for COP13. the Secretariat and intends to review all programme (Doc. 4). Tentative U.S.

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negotiating position: Support. Prior to a following COP13. Canada will serve as that this CITES Masters Course is very COP the working programme is the North American regional worthwhile. However, due to current provisional and changes may be made to representative, and Mexico will serve as budgetary constraints, it must be clear it prior to the start of COP13 or at the the alternate representative. that any funding for this course must beginning of the COP. The United States 8. Financing and budgeting of the come from sources other than the CITES supports the provisional working Secretariat and of meetings of the Trust Fund, such as external sources, programme posted at the time this Conference of the Parties. Tentative U.S. including voluntary contributions from notice was prepared. negotiating position on Agenda Items Parties. 5. Credentials Committee: 8.1, 8.2, and 8.3: Undecided. These are The final recommendation of the 5.1 Establishment of the Credentials comprehensive documents that require Chairman is to provide US$30,000 Committee (No document). Tentative extensive review, internal discussion, annually to assist the Chairman of the U.S. negotiating position: Undecided. and analysis of the financial Animals Committee, if sufficient 5.2 Report of the Credentials implications for Parties and the impact financial and technical support is not Committee (No document). Tentative on the work of the Secretariat and the provided by the Chairman’s own U.S. negotiating position: Undecided. Committees. The United States will government or institution. Due to The United States will follow the work review the documents carefully, bearing budget limitations and recent efforts by of the Credentials Committee and in mind the need to balance tasks with the Parties to contain costs for the intervene as appropriate. available resources. We advocate fiscal Convention’s operations, it is unlikely 6. Admission of observers (Doc. 6). responsibility and accountability on the that a decision can be taken at this time Tentative U.S. negotiating position: part of the Secretariat and the to provide additional funding to support Undecided. A document for this agenda Conference of the Parties and plan to the Chairmen of the two scientific item is not normally distributed prior to actively participate in the budget committees (assuming a similar amount the start of a COP. In accordance with discussions at COP13. We further should go to each). Based on Article XI of the Convention, support a budget that represents zero- discussions from the recent meetings of organizations technically qualified in growth in Parties’ voluntary the scientific committees, we realize protection, conservation or management contributions. that this proposal may not be to provide of wild fauna and flora may participate 8.4 External funding (Doc. 8.4). funding for the current Chairman, but in a COP. After being approved as an Tentative U.S. negotiating position: for future Chairmen of both committees observer, a nongovernmental Support. External funding is financial if they come from developing countries organization (NGO) is admitted to the support provided by Parties and NGOs or small institutions without the COP, unless one-third of the Parties for projects approved as CITES priorities capability of providing the necessary object. National NGOs are admitted as by the Standing Committee. The support for the Chairmen to execute observers if their headquarters are external funding procedure is designed their duties. The United States suggests, located in a CITES Party country and if to avoid conflicts of interest (real or therefore, that this issue be included in the national government of that Party apparent) when approving projects and the review of the scientific committees approves their attendance at the COP. channeling funds between the provider proposed by Australia (CoP13 Doc. International NGOs are admitted by and the recipient. The United States 11.1). approval of the CITES Secretariat. The continues to support the efforts to 9.1.2 Election of new regional and United States supports admission to the identify appropriate sources of external alternate regional members (No meeting of all technically qualified funding, with the oversight of the document). Tentative U.S. negotiating NGOs, and the United States opposes Standing Committee. position: Support. Following unreasonable limitations on their full 9. Committee reports and consultation with Canada and Mexico, participation as observers at COP13. In recommendations— the North American region has reached addition, the United States supports 9.1 Animals Committee: a consensus decision concerning the flexibility and openness in the process 9.1.1 Report of the Chairman (Doc. Animals Committee representation for disseminating documents produced 9.1.1). Tentative U.S. negotiating following COP13. Mr. Rodrigo A. by NGOs to Party delegates, which are position: Support with exceptions. This Medellin of Mexico will serve as the vital to decision-making and scientific report is largely a summary of activities North American regional representative, and technical understanding. conducted by the Animals Committee, and Mr. Robert R. Gabel of the United 7. Matters related to the Standing or particularly by the Chairman, since States will serve as the alternate Committee: COP12. Many of these activities are representative. 7.1 Report of the Chairman (Doc. covered by other COP13 agenda items. 9.2 Plants Committee: 7.1). Tentative U.S. negotiating position: There are several recommendations at 9.2.2 Election of new regional and Support. The United States, as Chair of the end of the report, many of which the alternate regional members (No the Committee, will prepare this United States supports. However, some document). Tentative U.S. negotiating requisite report on the execution of the of these carry financial implications for position: Support. Following Committee’s responsibilities and its the Convention. Under his consultation with Canada and Mexico, activities between COP12 and COP13. ‘‘Recommendations regarding training,’’ the North American region has reached 7.2 Election of new regional and the Chairman suggests that the Parties a consensus decision concerning the alternate regional members (No adopt two decisions, one directing the Plants Committee representation document). Tentative U.S. negotiating Parties to provide financial support for following COP13. Mr. Robert R. Gabel of position: Support. The U.S. term as the CITES Masters Course conducted by the United States will serve as the North North American regional representative the University of Cordoba in Spain, and American regional representative to the to the Standing Committee will end at the second one directing the Standing Plants Committee, and Ms. Carolina the end of COP13. Following Committee and the Secretariat to seek Caceres of Canada will serve as the consultation with Canada and Mexico, external funding to support students for alternate representative until April the North American region has reached the course from developing countries 2005, after which time, Dr. Adrianne a consensus decision concerning the and countries with economies in Sinclair, also of Canada, will serve as Standing Committee representation transition. The United States believes the alternate representative.

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9.3 Nomenclature Committee: activities of the two technical way standard references for taxonomy 9.3.1 Report of the Nomenclature committees that are anticipated to result and nomenclature are being handled Committee (Doc. 9.3.1). Tentative U.S. in recommendations that will contribute since COP12, and how changes to negotiating position: Undecided. The significantly to important decisions and standard nomenclature can occur report contains numerous actions by the Parties. However, we without input or review from the recommendations regarding the agree that the Parties need to seek Conference of the Parties. adoption of standard nomenclatural and efficiencies, which should include an 12. Cooperation with other taxonomic references, and we are still objective evaluation of the current organizations— evaluating them and consulting with committee structure, the overall 12.1 Synergy between CITES and experts. effectiveness of the committees in CBD: 9.3.2. Appointment of the members dealing with all of the issues referred to 12.1.1 Achieving greater synergy in (No document). Tentative U.S. them, the workload of each committee, CITES and CBD implementation (Doc. negotiating position: Support. With the and how the committees conduct their 12.1.1; Ireland). resignation of one of the two members business. Tentative U.S. negotiating position: of the Nomenclature Committee, a new 11.2 Improving regional Oppose with exception. Following an member will have to be appointed. The communication and representation expert workshop on promoting United States supports the appointment (Doc. 11.2; Animals and Plants cooperation and synergy between CITES of an individual with the appropriate Committees). Tentative U.S. negotiating and the Convention on Biological expertise in the nomenclature of fauna position: Support. Although this Diversity (CBD), held on the Isle of to the Committee. document is not yet available, the Vilm, Germany, April 20–24, 2004, the 10. Strategic Vision (Doc. 10). United States has attended recent Member States of the European Tentative U.S. negotiating position: meetings of the Animals and Plants Community endorsed in principle the Support. The Strategic Vision through Committee where this issue was overall objectives of that workshop and 2005 presents an overview of the discussed. We anticipate that this recommended a substantive discussion specific aims of the Convention, document will contain a number of of its report at COP13 with a view to the outlines seven specific goals to meet the recommendations to improve regional adoption of some of the Convention’s mission, and identifies communication and more effective recommendations. While we find the specific objectives to provide focus to representation and participation on the intent behind the Vilm workshop the Parties in their implementation of technical committees, particularly in supportive of moving forward a better the Convention, its Committees and the large regions with many developing and practical synergy between the two Secretariat, as well as to serve as an countries. The United States has Conventions, we do not support effective outreach and educational tool. supported these discussions and Ireland’s proposal to refer the At SC50, the Committee submitted a believes any efforts to improve the recommendations of the workshop to draft decision to the Secretariat, for effectiveness of the Convention should the CITES Committees and the CBD adoption at COP13, to extend the time be supported. Liaison Group. We believe that it is of validity of the Strategic Vision 11.3 Standard nomenclature and the premature at this time to incorporate the through 2005 and its Action plan, until operation of the Nomenclature findings and recommendations of the the end of 2007. The decision would Committee (Doc. 11.3; Mexico). workshop into the Work Plan attached also establish a Strategic Plan Working Tentative U.S. negotiating position: to the MOU. The workshop was not an Group as a subcommittee of the Support with exceptions. Because of official meeting of either CITES or the Standing Committee, which would recent controversy in the Animals and CBD, and few Parties had the develop a proposal for submission to Plants Committees over nomenclatural opportunity to provide information and COP14 for a Strategic Vision and Action changes that have been adopted, as well insight into the recommendations and Plan through 2013. The United States as a change in how standard references conclusions. Recognizing the effort that supports the proposed extension and are adopted and incorporated for use by went into this workshop, we suggest the establishment of a Strategic Plan the Parties, Mexico has submitted this that a Standing Committee working Working Group. document in which it recommends group, if financial support can be 11. Review of permanent committees: various changes, including possible secured, be formed to report to the 11.1 Review of the scientific changes to the terms of reference and Parties at COP14 on improving synergy committees (Doc. 11.1; Australia). makeup of the Nomenclature between the two Conventions as Tentative U.S. negotiating position: Committee. We agree that these are recommended in this workshop report. Support. Australia proposes that the important issues that have caused We recommend that the CBD Secretariat Standing Committee conduct a review significant concern among the Parties at and the CBD Liaison Group be invited to determine whether the current the meetings of the technical to participate in the working group in Animals and Plants Committees are the committees. However, we are unsure if order to ensure full participation and most efficient and effective means of all of the recommendations made by cooperation by both Conventions and providing scientific advice to the Mexico are warranted or may their Parties. Convention and the Parties. They themselves cause additional difficulties. 12.1.2 Sustainable use principles propose that a working group develop For example, expanding the and guidelines (Doc. 12.1.2; Namibia). terms of reference to conduct the membership of the Nomenclature Tentative U.S. negotiating position: review. We do not fully agree that the Committee may incur more costs for the Undecided. Namibia has submitted a current two scientific committees have Convention and make the committee draft resolution to promote not provided information that informs itself more inefficient due to the collaboration between CITES and the the decisions of the Parties, or that the controversial nature of nomenclature CBD concerning the issue of sustainable Parties are not consistent in heeding the and taxonomy. We note that overall the use. In particular, the draft resolution recommendations of these committees. Nomenclature Committee has served the asks CITES to adopt the definition of Currently, the review of the listing Parties well. However, the United States sustainable use contained in the Articles criteria, Significant Trade Review, and shares the concerns of Mexico and other of the CBD, and seeks help from CITES the Review of the Appendices are Parties with regard to the change in the in the dissemination of the CBD’s Addis

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Ababa Principles and Guidelines for the Japan calls for a brief report from the 14. Financing of the conservation of Sustainable Use of Biodiversity, Chairman of the Standing Committee on and sustainable international trade in including their application to making the negotiations with FAO and asks the species of wild fauna and flora (Doc. CITES non-detriment findings. We are Parties to extend the timeline for this 14). Tentative U.S. negotiating position: evaluating the potential implications process. The Chairman of the Standing Support with exception. This document and relevance of adopting these Committee and the CITES Secretariat describes the analysis and evaluation of principles and definitions to CITES have developed draft MOU text guided information received by the Secretariat operations. by input from the Parties and discussion in response to Decisions 12.25 and 12.2 CITES listing of whale stocks with FAO. We strongly support the 12.26. The United States supports these and the International Whaling negotiation of an MOU between CITES efforts and the Secretariat’s exploration Commission (Doc. 12.2; Japan). and FAO to facilitate cooperation on of the feasibility of a designated Tentative U.S. negotiating position: marine issues. The United States has financial mechanism for Undecided. This is a draft resolution worked with Japan and other Parties to implementation of the Convention, that, if adopted, would call on the promote establishment of this MOU. provided that the Secretariat reports its International Whaling Commission Negotiations between the Chairman of findings to and requests advice from the (IWC) to complete a global plan for the Standing Committee and FAO to Standing Committee between COPs. regulating and managing commercial reconcile the two drafts are ongoing 15. Report of the African elephant whaling activities. The IWC has been under a procedure established by the dialogue meeting (Doc. 15). Tentative developing the Revised Management Standing Committee and we are hopeful U.S. negotiating position: Undecided Scheme (RMS) for several years, and the that an agreement will be concluded by until document is available for review. United States continues to advocate its COP13. However, we find Japan’s The African elephant dialogue meeting completion. Although we are inclined to recommendations unnecessary from a is scheduled to be held in Bangkok, support the short operative sentence of procedural standpoint, since there is a Thailand, immediately prior to the start Japan’s resolution, we disagree with the process already under way to conclude of COP13. When we receive the basic foundation and controversial the agreement, and we are concerned document, we will review it closely and remarks in the preamble. We plan to that taking it back to the Conference of develop our position. We note, however, work bilaterally with Japan before the Parties before it is concluded that we support the range States COP13 to achieve a more neutral undermines the intensive work of the dialogue process for debating multi- document that may be more acceptable Standing Committee. national species issues, and the United to a majority of Parties. 12.5 Statements of representatives of States provided funding for this meeting 12.3 Revision of Resolution Conf. other conventions and agreements (No through a grant under the African 12.4 on Cooperation between CITES and document). Tentative U.S. negotiating Elephant Conservation Act. the Commission for the Conservation of position: Support. The United States Antarctic Marine Living Resources supports ongoing dialogue between Interpretation and Implementation of regarding trade in toothfish (Doc. 12.3; CITES and other relevant and related the Convention Australia). Tentative U.S. negotiating conventions and agreements, and Review of Resolutions and Decisions position: Support. Australia’s proposed believes statements from them can be amendments to Resolution Conf. 12.4 valuable at a COP. 16. Review of Resolutions (Doc. 16). would make reporting by CITES Parties 13. Economic incentives and trade Tentative U.S. negotiating position: to the CITES Secretariat on their use of policy (Doc. 13). Tentative U.S. Support with the exceptions noted CCAMLR Dissostichus Catch Documents negotiating position: Oppose. This below. (DCDs), and the Secretariat’s document provides a report of activities Review of Resolution Conf. 4.6 (Rev. transmission of those reports to conducted under Decision 12.22 on CoP12). Support. The proposed change CCAMLR, an ongoing effort. They note Economic Incentives and Trade Policy would establish the effective date of that the decisions calling for such and recommends further work on resolutions adopted by the Conference reports (12.57 and 12.58) applied only National Trade Policy Reviews and a of the Parties as 90 days after the to 2003 and they see merit in continuing second workshop on how Economic meeting, rather than the date on which the practice on an annual basis. The Incentives can be designed to further the the resolutions are sent to the Parties by proposal would also change references specific implementation of CITES. This the Secretariat. It would set a firm date to ‘‘illicit, unregulated and unreported Secretariat-driven and low priority for implementation of resolutions, and fishing’’ to ‘‘illegal, unreported and initiative, as compared to important mean that resolutions and species unregulated fishing (IUU)’’ in order to CITES considerations on capacity- listings generally become effective on explicitly recognize that IUU fishing building, legislation development, and the same date. poses a threat to toothfish populations. technical support to Parties, has rapidly Review of Resolution Conf. 5.11. The United States supports continued expanded since COP12 and produced a Support. The proposed new resolution cooperation between CITES and massive output of activities and would resolve confusion surrounding CCAMLR and Australia’s proposed recommendations that requires the the trade in pre-Convention specimens amendments to Resolution Conf. 12.4. review of the Secretariat, the Parties, by recommending that Parties use the 12.4 Cooperation with the Food and and the Committees. The United States date a species was first listed to decide Agriculture Organization of the United opposes this initiative as it has great whether to issue a pre-Convention Nations (Doc. 12.4; Japan). Tentative potential to continue to draw more and certificate. U.S. negotiating position: Oppose. This more of the already overburdened Review of Resolution Conf. 9.21. document was submitted by Japan for Secretariat’s time and technical Support. These proposed changes consideration in the event that a expertise away from other much more clarify that a Party that wants the Memorandum of Understanding (MOU) urgent and high priority needs. We are Conference of the Parties to either between CITES and the Food and also concerned that this initiative will establish or amend an export quota for Agricultural Organization of the United compete with high priority needs for an Appendix I species must submit a Nations (FAO) has not been signed by limited international funds and the proposal, which includes details of the COP13. If there is no MOU in place, Secretariat’s fundraising efforts. scientific basis for the proposed quota,

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150 days before the meeting at which it Regular and Special Reports the Namibian black rhino population is is to be considered. These procedures 18. Reporting requirements (Doc. 18). categorized as Vulnerable by IUCN would help Parties make sound Tentative U.S. negotiating position: (2003), instead of Critically Endangered decisions on export quotas. Support. In this document the as for the rest of the species. However, Consolidation of Resolution Conf. Secretariat reports on the issues we are also aware that range countries 10.6 on control of trade in tourist addressed by the Standing Committee’s still must take unusual measures to souvenir specimens and Resolution Working Group on Reporting protect black rhinos due to continued Conf. 12.9 on personal and household Requirements and endorsed by the poaching and demand for illegal trade. effects. Support. Combining these two Standing Committee, and makes a Therefore, we are still evaluating the potential impact that adoption of such resolutions would reduce the number of number of recommendations including a proposal may have on black rhino resolutions and provide one document that the Parties adopt: the draft biennial conservation, particularly as it may that addresses the interpretation of report format provided in Annex 4 of affect other range countries. We also personal and household effects. We the document; the draft revisions of note that under the United States believe the Parties might want to further Resolutions Conf. 11.17 (Rev. COP12) Endangered Species Act, the black consolidate duplicative paragraphs and 4.6 (Rev. COP12) provided in rhinoceros is listed as endangered. The relating to the sale of Appendix I tourist Annexes 1 and 2 of the document; and historic practice under our stricter souvenirs at international airports and the two draft decisions provided in domestic measure is that the necessary borders. Annex 3 of the document. The United findings to allow such imports into the Review of Resolutions Conf. 10.16 States supports adoption of the biennial (Rev.) and Conf. 12.10. Oppose with United States have not been made, and report format and generally supports the pending any change in practice, the exception. The goal of the proposed other recommendations in this changes is to harmonize the language in United States would not allow imports document. of sport hunted trophies. two different resolutions. We support 19. Appendix I species subject to the proposed change to the preamble of 19.4 Black rhinoceros: export quota export quotas: for South Africa (Doc. 19.4; South Resolution Conf. 10.16 (Rev.) on animal 19.1 Leopard: export quota for species bred in captivity. We oppose the Africa). Tentative U.S. negotiating Namibia (Doc. 19.1; Namibia). Tentative position: Undecided. South Africa seeks proposal to add a reference to Article III U.S. negotiating position: Support. to the definition of the term ‘‘bred for approval to establish an export quota for Namibia seeks approval for the increase 10 adult male black rhinoceros (Diceros non-commercial purposes’’ in of its leopard export quota from 100 to bicornis minor) hunting trophies. The Resolution Conf. 12.10. Article III 250 animals. The proposed new quota proposed quota represents an annual contains the basic provisions on trade in represents a take of less than 5% of an take of approximately 1.0% of the Appendix I specimens and should not estimated 8,038 leopards in the country. estimated current population of 1,200 be included in the definition of an Thus, it is unlikely that, if properly black rhinos in the country. However, exemption under Article VII. managed, the proposed new quota will there are outstanding questions about Review of Resolution Conf. 11.11. have a negative impact on the species. the overall management program Support with exception. The proposal is 19.2 Leopard: export quota for South including the initial size of the quota, its to delete the reference to the no-longer- Africa (Doc. 19.2; South Africa). ° effective allocation and monitoring used annotation 608 on the CITES list Tentative U.S. negotiating position: within the private sector, individual and replace it with an example of ‘‘see Oppose. South Africa seeks approval for trophy selection process, and the annotation to Orchidaceae spp the increase of its leopard export quota transparency in the use of revenues ***’’ The United States agrees that from 75 to 150 animals. However, ° generated for in-situ black rhino the reference to annotation 608 needs according to the proposal, there is no conservation. We also note that under to be deleted, but believes that the nationwide leopard population estimate the United States Endangered Species recommendation of the Plants or trend information available. Thus, Act, the black rhinoceros is listed as Committee working group (see COP13 there is no clear justification for this endangered. The historic practice under Doc 51) to not use an example is a better increase. Unless there is additional our stricter domestic measure is that the approach. The use of ‘‘Orchidaceae information forthcoming from the necessary findings to allow such spp.’’ is misleading since the current proponent to support this proposal; the imports into the United States have not exclusion from CITES controls applies United States cannot support the been made, and pending any change in only to artificially propagated hybrids of proposed increase. practice, the United States would not Phalaenopsis under specific conditions 19.3 Black rhinoceros: export quota allow imports of sport hunted trophies. or to a few artificially propagated for Namibia (Doc. 19.3; Namibia). 20. Trade in vicun˜ a cloth (Doc. 20). ‘‘supermarket’’ cacti hybrids. Tentative U.S. negotiating position: Tentative U.S. negotiating position: Review of Resolution Conf. 11.21. Undecided. Namibia seeks approval for Support. The Secretariat has submitted Support with exception. We agree that the establishment of an export quota for a report in accordance with Resolution the new format used by the Secretariat 5 adult male black rhinoceros (Diceros Conf. 11.6 that includes information for to publish the CITES list after COP12 bicornis bicornis) hunting trophies. The each range country on vicun˜ a cloth necessitates the revision of this proposed quota represents an annual exports, numbers of animals sheared, resolution on annotations. We find, take of less than 0.5% of the estimated and the local populations to which the however, that the revised language in current population of 1,134 black rhinos animals belong. The Secretariat suggests paragraph b) of the first agrees relating in the country. In addition, the quota that these trade data should be to export quotas to be confusing. would apply only to ‘‘surplus’’ male incorporated into the annual reports Because of the importance of CITES- rhinos, primarily post-reproductive or instead of reported separately. adopted export quotas, we suggest problem animals, designated by Therefore, the Secretariat recommends deleting the reference to export quotas Namibia’s Management Authority. deleting paragraph (b) of Resolution from b)i) and b)ii) and adding a separate Thus, the proposed quota appears to be Conf. 11.6, which requires these reports. subparagraph ‘‘and; iii) annotations that sustainable, based on an evaluation of In addition, because paragraph (a) of specify an export quota;’’ the Namibian population. We note that Resolution Conf. 11.6 is redundant to

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the annotations for Appendix II vicun˜ a Decision 12.84, the Standing Committee Secretariat on the progress made in populations, the Secretariat is currently reviewing draft Guidelines controlling illegal trade in bear recommends the repeal of Resolution on Compliance with the Convention, specimens to submit the requested Conf. 11.6 entirely. through an intersessional working reports. The document lists the Parties 21. Transport of live specimens (Doc. group. The Committee also established that have provided reports and 21). Tentative U.S. negotiating position: a process for the working group to create describes measures taken in attempting Support. The United States is a member a document for consideration at SC53. to get reports from those Parties that had of the Transport Working Group and The United States believes this not yet responded to Decision 12.27. supports the recommendation to collaborative process should be allowed The Secretariat will report at COP13 on encourage exchange of information on to continue and considers it premature any new reports or additional transport of live animals and plants to bring this issue to COP13. information relating to bears. The between the Animals and Plants United States supports the Secretariat in Species Trade and Conservation Issues Committees, and to broaden the scope of its effort to obtain information from Resolution Conf. 10.21 to include the 26. Conservation of and trade in great Parties relating to the trade in bear transportation of live plants, as well as apes (Doc. 26; Ireland). Tentative U.S. specimens and looks forward to the live animals. We also welcome the negotiating position: Support the draft Secretariat’s report at COP13. The recommendation to revise requirements decision with exception, and oppose the United States also supports the Irish regarding the collection, submission and draft resolution. Ireland, on behalf of the proposal (COP13 Doc. 26) to develop a analysis of data on mortality and injury Member States of the European holistic, rather than species-specific, or damage to health during transport of Community, has submitted a document approach to eliminate the illegal live specimens. that includes a draft resolution urging international commercial trade in all Parties to adopt and implement General Compliance Issues Appendix I specimens and assist Parties legislation protecting great apes, in mitigating or eliminating detrimental 22. National laws for implementation including prohibiting all international domestic trade in those same of the Convention (Doc. 22). Tentative and internal commercial trade of wild- specimens. U.S. negotiating position: Support. The caught specimens and strengthening 28. Conservation of and trade in Asian United States supports the proposed enforcement controls, including anti- big cats (Doc. 28). Tentative U.S. decisions, which would continue and poaching measures. The draft resolution negotiating position: Support. In this expand the current review of national directs the Secretariat to work with document, the Secretariat presents a laws. The United States strongly Parties, and as a member of the Great progress report on activities regarding believes that the Convention’s Ape Survival Project (GRASP) conservation of and trade in Asian big effectiveness is undermined when Party partnership, to develop measures to cats and non-commercial trade in States do not have adequate national reduce and ultimately eliminate illegal specimens of Appendix I species. The laws in place for implementing CITES. trade in great apes. The document also United States supports continued work 23. Enforcement matters (Doc. 23). includes a draft decision directing the on the issues of Asian big cat Tentative U.S. negotiating position: Secretariat to prepare a consolidated conservation and is concerned that Support. The United States supports the Resolution concerning the enforcement commercial trade in Appendix I species proposed decisions, which would of trade controls in all Appendix I by professional dealers is continuing. improve the flow of enforcement-related species, to be considered at COP14. We urge the relevant range States to information among enforcement The United States supports the draft implement the recommendations arising officials, and provide needed guidance decision and believes a comprehensive from the CITES Technical and Political to the public on how to submit process should be developed, possibly Tiger Missions. The United States also enforcement-related information to the through a working group, whereby supports the Irish proposal (COP13 Doc. Secretariat. mechanisms from other processes (e.g., 26) to develop a holistic, rather than 24. Revision of Resolution Conf. 11.3 Significant Trade Review, National species-specific, approach to eliminate on Compliance and enforcement (Doc. Legislation Project) might be used to the illegal international commercial 24; Kenya). Tentative U.S. negotiating develop a standardized approach for trade in all Appendix I specimens and position: Oppose. The United States addressing enforcement of trade assist Parties in mitigating or supports the general issues of controls for all Appendix I species. The eliminating detrimental domestic trade compliance and enforcement and United States supports the principles in those same specimens. supports the proposed decisions and goals of the draft resolution on the 29. Elephants: concerning these issues presented in conservation of and trade in great apes, 29.1 Trade in elephant specimens Doc. 23. The United States does not but we do not support the draft (Doc. 29.1). Tentative U.S. negotiating support the use of limited Secretariat resolution itself. While we applaud the position: Undecided, pending outcome enforcement staff and resources to efforts of GRASP, adopting the draft of the African elephant dialogue restore the creation of the infractions resolution included in this document meeting. This document was submitted report that at past COPs proved would create yet another species- by the Secretariat to report on work controversial, inaccurate, and of limited specific resolution. Many of the goals accomplished under Resolution Conf. use for actual enforcement efforts. outlined in this draft resolution are 10.10 (Rev. COP12) and Decision 12.39. 25. Guidelines on compliance with already being addressed by the CITES Decision 12.39 directed the Secretariat the Convention (Doc. 25; Ireland). Bushmeat Working Group and we to assess countries with currently active Tentative U.S. negotiating position: believe that they should be addressed as internal ivory markets. The Secretariat Oppose. The United States does not part of the larger bushmeat issue. has suggested that it may be more support the proposal to open discussion 27. Conservation of and trade in bears effective to develop sub-regional on this document. We also oppose the (Doc. 27). Tentative U.S. negotiating strategies to work with Parties in west establishment of a Compliance Working position: Support. This report was and central Africa, where the majority of Group pending the completion of the prepared by the Secretariat in response illegal ivory appears to originate, than to process currently underway in the to Decision 12.27, which required the confine work to the 10 Parties identified Standing Committee. Pursuant to Parties that did not report to the in the original Decision 12.39. Toward

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that end, a draft work plan was attached options presented in this paper appear to consider further actions for this as an annex to the report. The United either to involve trade in violation of species at AC19. States supports the development of sub- existing resolutions and decisions or 33. Conservation of and trade in regional strategies and looks forward to scenarios with little real chance for tortoises and freshwater turtles (Doc. the results of the African elephant range success. 33). Tentative U.S. negotiating position: States dialogue. 30. Conservation of and trade in Support. This is primarily a report by 29.4 Illegal ivory trade and control rhinoceroses (Doc. 30). Tentative U.S. the Secretariat on activities related to of internal markets (Doc. 29.4; Kenya). negotiating position: Support. The these species since COP12. The Tentative U.S. negotiating position: Secretariat recommends the repeal of document includes information from Oppose. This document submitted by Resolution Conf. 9.14 (Rev.) because it three range countries, China, Japan, and Kenya provides background information believes that the value of the Resolution Malaysia, which was submitted to the on domestic ivory markets around the is doubtful and the administrative Secretariat to comply with Decision world and notes concerns that illegal burden it places on the Parties is of little 12.41. This information shows that the ivory trade may present a threat to benefit. Additionally, as of the report three range countries have made elephant populations. Kenya supports submission deadline of April 2, 2004, significant progress in meeting the the Secretariat’s draft work plan (SC50 the Secretariat had not received any recommendations of Resolution Conf. Doc. 21.1, Annex) and proposes that it reports from Parties on conservation of 11.9 on Conservation of and trade in be incorporated into Resolution Conf. and trade in rhinoceroses. We tortoises and freshwater turtles. The 10.10 (Rev.COP12), except for an sympathize with the Secretariat’s United States concurs with the exemption for Zimbabwe. It also frustration over the poor rate of report Secretariat’s recommendations for range proposes additional amendments to submission, and the United States also countries to continue their efforts for Resolution Conf. 10.10 (Rev.COP12), supports the Irish proposal (CoP13 Doc. these species; to have the Animals including a 20-year moratorium on 26) to develop a holistic, rather than Committee continue to provide ivory trade, except for non-commercial species-specific, approach to eliminate scientific guidance to range countries on trade in hunting trophies, following the illegal international commercial the conservation and management of completion of sales approved at COP12. trade in all Appendix I specimens and these species, especially with regard to In addition to the amendments, Kenya assist Parties in mitigating or the recommendations from the 2002 has put forward three draft decisions eliminating detrimental domestic trade Kunming workshop on turtle and regarding implementation of the in those same specimens. tortoise trade; and to have Asian range amended resolution. While the United 31. Conservation of and control of countries for these species continue to States can appreciate Kenya’s position trade in Tibetan antelope (Doc. 31). report on progress in this area. relative to conservation efforts for Tentative U.S. negotiating position: 34. Conservation of hawksbill turtle African elephants we believe that this Support. In compliance with Decision (Doc. 34). Tentative U.S. negotiating issue is being addressed in a methodical 12.40, the Secretariat undertook an position: Oppose. The CITES Secretariat and analytical way through the Standing Committee and the African Range States enforcement needs mission to China has raised partial funding for a meeting Dialogue meetings. We look forward to and submitted a report to the Standing of the wider Caribbean region on the consideration during the African Committee (SC50 Doc. 20), and this hawksbill conservation and Elephant Range States Dialogue of a information will be relayed to COP13. management, as directed under Decision work plan to address domestic trade Therefore, the Secretariat is 12.46. However, full funding is not problem in source range countries. recommending that paragraphs (b) and available for such a meeting, and there 29.5 Conditions for the export of (c) under ‘‘DIRECTS’’ in Resolution is currently no proposal to amend the registered stocks of ivory in the Conf. 11.8 (Rev. COP12) be deleted Appendices or to take other actions with annotation to the Appendix II listing of because the reporting requirements have regard to this species at COP13. The populations of Loxodonta africana in been met. However, because legislation United States suggests that the funding Botswana, Namibia and South Africa to prohibit processing and trade in raised for the Caribbean hawksbill (Doc. 29.5; Kenya). Tentative U.S. Tibetan antelope wool in the State of meeting could be redirected to support negotiating position: Oppose. Kenya Jammu and Kashmir, India, is not being monitoring activities agreed to by the asks that the Parties re-examine the enforced, the Secretariat also Parties at COP12 and to promote geographical scope and nature of recommends that the following wording cooperation among CITES and other Monitoring of Illegal Killing of be inserted in the resolution at the end relevant bodies and multilateral Elephants (MIKE) baseline data agreed of paragraph a) under URGES, ‘‘and, in agreements in the absence of such a at SC49 and the mechanism for particular, that the State of Jammu and regional meeting. determining detrimental impacts on Kashmir in India halts the processing of 35. Conservation and management of elephant populations agreed at SC50. such wool and the manufacture of sharks (Doc. 35). Tentative U.S. Kenya proposes two draft decisions. The shahtoosh products.’’ negotiating position: Undecided. Under United States supports the decisions of 32. Conservation of Saiga tatarica Decision 12.47, the Chairman of the the Standing Committee and is opposed (Doc. 32; Ireland). Tentative U.S. Animals Committee is to maintain a to reopening these discussions at negotiating position: Support. This liaison with the Secretary of the COP13. document contains a draft decision that, Committee on Fisheries of the FAO to 29.6 Ivory stocks in Burundi (Doc. if adopted, would establish a framework monitor progress in implementation of 29.4). Tentative U.S. negotiating of coordinated actions to be taken by all the International Plan of Action for the position: Oppose. The United States is stakeholders to conserve and protect the Conservation and Management of sympathetic to the Government of saiga antelope. The United States has a Sharks. This may be covered in the Burundi’s position, and will be longstanding interest in the saiga Report of the Chairman of the Animals interested in the outcome of any antelope and previously contributed Committee (Doc. 9.1.1), which was not discussions on this topic at the African financial support for the range State available by July 1, 2004. There was also Elephant Range States Dialogue workshop on this species in May 2002 no separate document posted under this meeting. However, for the most part, the in Kalmykia. We also urged the Parties agenda item by July 1, 2004.

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36. Conservation of and trade in deletions from Resolution Conf. 12.3 to development of terms of reference for Dissostichus species (Doc. 36). Tentative make it consistent with a proposed this review, both as a member of a joint U.S. negotiating position: Support. This annotation that exempts several types of working group of the Animals and document represents the Secretariat’s coral rock from the provisions of CITES. Plants Committees, and through report on work performed under three For reasons described below under discussions as an observer at meetings decisions agreed on at COP12 pertaining Prop. 36, we have serious concerns of the two committees. The United to toothfish. Decision 12.57 asked about the Animals Committee’s States believes an evaluation of the Parties to report to the Secretariat on approach to fossil corals. process will assist the Parties and the their use of CCAMLR Dissostichus Catch 39. Conservation of bigleaf two scientific committees to ensure that Documents. Information was received mahogany: report of the Working Group the Review of Significant Trade is from 10 Parties, including the United (Doc. 39). Tentative U.S. negotiating effective in improving the States, and is summarized in this position: Support. The second meeting implementation of the Convention for document. Copies of the full of the Bigleaf Mahogany Working Group Appendix II species traded in submissions were transmitted to (BMWG) was held October 6–8, 2003, in significant quantities. CCAMLR, as recommended in Decision Belem, Brazil. The recommendations Trade Control and Marking Issues 12.58, and the Secretariat attended from this meeting were circulated at CCAMLR’s 22nd Commission meeting, PC14 (February 2004). The Plants 42. Commercial trade in Appendix I as called for in Decision 12.59, to Committee prioritized the species (Doc. 42; Israel). Tentative U.S. promote cooperation between the two recommendations and developed a list negotiating position: Oppose with organizations. The Secretariat considers of the five most urgent ones. The exception. The United States supports that its obligations under these Secretariat then forwarded these five the principle behind this document and decisions have been met, but priority recommendations to the BMWG appreciates Israel’s efforts on this issue. recommends that information exchange so that they could be considered in the Israel proposes amending Resolution and cooperation between CITES and report to COP13. However, in the report Conf. 5.10 to clarify that when making CCAMLR should continue under it submitted to COP13 (Annex to CoP13 a determination of whether an import is Resolutions Conf. 12.4. The United Doc. 39), the BMWG included the same for ‘‘primarily commercial purposes,’’ States agrees that the Secretariat has long list of recommendations that were an importing Party should take into fulfilled its obligations under Decisions circulated at PC14, and did not take into account the nature of the transaction 12.57–12.59 and supports ongoing consideration the priority list developed between the exporter and the importer cooperation and information exchange by the Plants Committee. In Document to ensure that a commercial transaction between CITES and CCAMLR. CoP13 Doc. 39, the Secretariat does not underlie the transfer of 37. Sea cucumbers: recommends that the Parties take note of Appendix I specimens. The United 37.1 Trade in sea cucumbers in the the report of the BMWG and turn the States agrees that there appears to be a families Holothuriidae and five priority actions recommended by loop-hole in implementation of this Stichopodidae (Doc. 37.1; Animals the Plants Committee into decisions resolution, and that some Appendix I Committee). Tentative U.S. negotiating directed to range countries. The specimens are being transferred for position: Undecided. Under Decision Secretariat also recommends that the commercial purposes. This is contrary 12.60, the Animals Committee was BMWG not continue after COP13 and to the fundamental principles of Article directed to prepare a discussion paper that, if the Parties determine that bigleaf II of the Convention that trade in on the biological and trade status of sea mahogany still requires special attention Appendix I specimens ‘‘* * * must cucumbers to provide guidance on after COP13, such attention should be only be authorized in exceptional actions needed for their conservation. given under the auspices of the Plants circumstances.’’ To close the apparent This paper should be a reflection of Committee. loop-hole, we encourage Parties to agree recommendations resulting from a The United States tentatively supports to a broader interpretation of ‘‘to be workshop on sea cucumber trade and the recommendation of the Secretariat used’’ for primarily commercial conservation convened by the that the Parties adopt the five priority purposes in Article III, paragraphs 3(c) Secretariat in February 2004 in actions recommended by the Plants and 5(c), whereby the importing Party Malaysia. Committee as decisions directed to would look at both the intended use in 37.2 Implementation of Decision range countries. The United States the importing country and the nature of 12.60 (Doc. 37.2; Ecuador). Tentative believes that special attention should the transaction between the exporter U.S. negotiating position: Support. still be given to bigleaf mahogany after and importer. However, we believe that Decision 12.60 directed the Animals COP13, but tentatively supports the many transfers have some commercial Committee to prepare a discussion Secretariat’s recommendation that the aspects, which does not automatically document on the trade and conservation BMWG not continue after COP13 but mean the import is for primarily of sea cucumbers for COP13. Ecuador’s that activities be undertaken under the commercial purposes. Thus, we believe paper notes that the Committee was auspices of the Plants Committee. that the importing Party in making its unable to meet the required deadlines 40. Evaluation of the Review of determination should ensure that the and proposes to extend the work until Significant Trade (Doc. 40). Tentative commercial transaction is not the COP14. The United States proposed this U.S. negotiating position: Support. This primary purpose of the transfer, rather work on sea cucumbers at COP12, and document presents the terms of than ‘‘ensure that a commercial is therefore eager to see a meaningful reference developed by the Animals and transaction does not underlie the output from the Animals Committee. Plants Committees for evaluating the transfer’’ as proposed by Israel. 38. Trade in stony corals (Doc. 38). process for the Review of Significant 43. Management of annual export Tentative U.S. negotiating position: Trade. The purpose of this evaluation is quotas (Doc. 43). Tentative U.S. Oppose. This document was prepared to assess the efficacy of the Significant negotiating position: Support. At by the Animals Committee and should Trade Review process and make COP12, the United States submitted the be considered along with Prop. 36 on possible recommendations for its document that provided the basis for the the amended annotation for fossil improvement. The United States has formation of the Export Quota Working corals. The document proposes specific been actively involved in the Group (EQWG). While we are

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disappointed that further progress on 46. Retrospective issuance of however, the United States would this issue has not been achieved since permits (Doc. 46; Ireland). Tentative require an export permit if the Party COP12, the United States supports the U.S. negotiating position: Oppose. requires an export permit, even if that approach outlined by the Secretariat Ireland, on behalf of the Member States Party had not notified the Secretariat of and approved by the Standing of the European Community, has the requirement. The United States also Committee. The United States will submitted a proposal to amend section supports Ireland’s and Australia’s remain engaged in this important XIII of Resolution Conf. 12.3 to expand proposals to add specimens of certain process because export quotas for the language concerning when a coral, shells of giant clam, and seahorse Appendix II species constitute one of retrospectively issued permit or to the current list of Appendix II species the primary controls on the trade in certificate could be accepted by Parties, that do not require CITES permits for Appendix II specimens under CITES, giving greater leniency in accepting personal effects when the quantities do and the management and such documents for non-commercial not exceed a specified number. We implementation of such quotas needs to shipments. The United States believes believe that the coral exemption needs be more consistent. that the current language in section XIII to be discussed to clarify if it includes 44. Use of CITES certificates with fully addresses this issue and does not manufactured products. Both lists could ATA or TIR carnets (Doc. 44). Tentative need to be expanded. assist enforcement personnel and help U.S. negotiating position: Support with 50. Plant specimens subject to facilitate trade in personal and exception. The United States supports exemptions (Doc. 50; Switzerland). household effects when such trade is this proposal, if it is amended to clarify Tentative U.S. negotiating position: not of conservation concern. However, that the official who is responsible for Support. Several exemptions allow the United States hopes that over time validating CITES documents would international trade in live plant the list of specimens does not become need to be the official to enter the carnet specimens without CITES permits until so long as to create a burden to number on the CITES document at the circumstances change and the plants no enforcement personnel. first point of exit. The proposal would longer qualify for the exemption. For 56. Operations that breed Appendix provide the appropriate level of example, a plant grown from an exempt I species in captivity for commercial monitoring of trade for CITES-listed flasked seedling or tissue culture purposes: 56.1 Evaluation of the process for sample collections that are being requires a CITES export permit to be registration (Doc. 56.1). Tentative U.S. exhibited at trade shows in a number of traded internationally. The United States supports this proposal, which negotiating position: Support. This countries before returning home. The would help Parties use consistent document presents the conclusions and first exporting country retains the information on CITES permits and, thus, recommendations derived from a review responsibility of ensuring that help in the analysis of trade data. of problems the Parties have specimens are legal and the trade is not 53. Revision of Resolution Conf. experienced in implementing the detrimental, while cross-border 9.10 (Rev.) on Disposal of illegally registration procedures contained in movement of sample collections is traded, confiscated and accumulated Resolution Conf. 12.10 for commercial facilitated by the CITES document being specimens (Doc. 53; Kenya). Tentative captive-breeding operations for accompanied by an ATA carnet. U.S. negotiating position: Support. The Appendix I species. The United States 45. Electronic permitting systems for United States supports the proposal to agrees with the Animals Committee that CITES specimens (Doc. 45; Ireland). replace language from Resolution Conf. it is too soon to recommend changes to Tentative U.S. negotiating position: 9.10 that was omitted during the Resolution Conf. 12.10, since this Oppose. Ireland, on behalf of the consolidation process. The United resolution has been revised at both Member States of the European States does not object to the addition of COP11 and COP12. However, the Community, has submitted a proposed language on disposal of Appendix III United States also agrees that the decision for the Secretariat to establish specimens and agrees that Parties have Standing Committee should examine guidelines for an electronic permitting the right to not sell confiscated dead the issue of trade in Appendix I species system for the Parties. This system Appendix II and III specimens. from non-registered commercial would eventually create a paper-less 54. Identification Manual (Doc. 54). breeding operations. permitting system that would allow Tentative U.S. negotiating position: The United States notes that the Parties to use IT technology for the Support. This document is a report from consultation process contained in the submission of applications, issuance of the Secretariat on progress in the current resolution has been valuable in documents, clearance at the port of development of identification materials precluding registration of operations— entry and reporting for all CITES for listed species. and preventing trade from them—when specimens. At SC50, the Working Group they were determined not to be Exemptions and Special Trade on Reporting Requirements producing specimens that meet the Provisions recommended that the Standing CITES definition of ‘‘bred in captivity.’’ Committee address this issue in its 55. Personal and household effects. 56.3 Relationship between ex situ report to COP13 and instruct the Tentative U.S. negotiating position on breeding and in situ conservation: Secretariat, in consultation with UNEP– Agenda Items 55.1, 55.2, and 55.3: 56.3.1 Report of the Animals WCMC and interested Parties, to Support with the exceptions noted Committee (Doc. 56.3.1). Tentative U.S. develop and test software and ‘‘internet- below. The United States supports negotiating position: Oppose. The based modules’’ for permit issuance and China’s proposal to have the Secretariat Animals Committee has spent reporting. The United States welcomes maintain a list by country of specific considerable time and effort on the discussion of this issue at COP13, but specimens that require an export permit evaluation of the relationship between believes that the majority of when traded as personal or household ex situ captive-breeding operations for recommendations in the document are effects. Importing Parties would Appendix I species and conservation of premature. We believe that the Standing generally assume that an export permit these species in situ. The United States Committee should continue to work on is not required if the exporting Party concurs that further deliberation on this this issue and that a Resolution on this had not notified the Secretariat of a issue within the Animals Committee issue is not appropriate at this time. requirement. Under the Lacey Act, could be time-consuming, with

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potentially no clear outcome. We agree 59. Standard nomenclature: proposal and have concluded that the that this issue is linked to other topics, 59.1 Standard nomenclature for term ‘‘in vitro cultivated DNA’’ is not such as the relationship between CITES birds (Doc. 59.1; Mexico). Tentative U.S. widely used in the scientific and the Convention on Biological negotiating position: Support. Since community, but that ‘‘synthetic DNA,’’ Diversity, but is not strictly related to COP12, at meetings of the Animals ‘‘amplified DNA,’’ or ‘‘replicated DNA’’ implementation of the Convention. The Committee, Mexico has raised concerns would be preferable. The United States United States believes the about the standard reference, Handbook also advocates the development of a recommendations contained in the of the Birds of the World (del Hoyo et clear definition of ‘‘fossil’’ so that, if this document from Mexico (Doc. 56.3.2) al., eds., 1997, 1999) adopted at COP12 proposal is adopted, implementation provide reasonable guidance to the for Psittaciformes (parrots and their problems can be avoided and so that the Parties on this issue and should relatives) and Trochilidae term is not interpreted so broadly as to preclude the need for further (hummingbirds). Mexico has raised be potentially detrimental to listed deliberations on this topic. As an questions about the scientific rigor species. alternative, the United States would behind the taxonomy presented in the Prop. 2. Exempt from the provisions advocate that the Parties focus more new reference, noting that it has also of the Convention in vitro cultivated broadly on measures that reduce trade complicated the listing of the yellow- DNA, urine and feces, synthetically threats to Appendix I species and headed amazon parrot (Amazona produced medicines and other encourage their conservation, with a ochrocephala) and its subspecies. pharmaceutical products, and fossils goal of eventual downlisting or even Mexico recommends that the Parties (Switzerland as the Depositary delisting from the Appendices. should return to using the reference by Government, at the request of the 56.3.2 Relationship between Sibley and Monroe (1990) as the Standing Committee). Tentative U.S. commercial ex situ breeding operations standard reference for taxonomy and negotiating position: Support with and in situ conservation of Appendix I nomenclature for all birds. The United exception. A similar proposal was species (Doc. 56.3.2; Mexico). Tentative States believes that Mexico’s submitted to COP12, but was withdrawn U.S. negotiating position: Support. The recommendation has merit, to reduce for technical reasons. This proposal United States has had a longstanding confusion (i.e., by maintaining a single stipulates that the exempted DNA as interest in issues related to the captive taxonomic reference for birds) and to be well as medicines and pharmaceutical breeding of Appendix I animals. We are conservative with regard to the use of products would not contain any part of supportive of efforts to consider how taxonomy that has had longstanding the original organism from which it was conservation of these species in the wild application in CITES. derived. The proposal reflects the can be encouraged, including through 59.2 Recognition of Chamaeleo outcome of deliberations of a working voluntary partnerships between range excubitor as a separate species (Doc. group, established by the Standing countries and captive-breeding 59.2; Kenya). Tentative U.S. negotiating Committee, in which the United States operations in non-range countries. position: Support. Kenya has provided participated. The United States already documentation and a rationale for exempts synthetic DNA, feces, and Amendment of the Appendices treating this taxon as a separate and urine from CITES requirements. As with 57. Criteria for amendments of distinct taxon from C. fischeri, with the previous proposal, we have Appendices I and II (Doc. 57). Tentative which it is currently treated as a concerns regarding the term ‘‘in vitro U.S. negotiating position: Support synonym. Kenya asks that this be cultivated DNA’’ and ‘‘fossil’’ (see Prop. although the document was not considered by the Nomenclature 1 above). available for review. The United States Committee to assist in the regulation Prop. 3. Transfer the Irrawaddy was an active participant in the process and monitoring of trade in this species. dolphin (Orcaella brevirostris) from to review and revise the existing We agree that it is entirely appropriate Appendix II to Appendix I (Thailand). criteria, having served as chairman or for the Nomenclature Committee to Tentative U.S. negotiating position: co-chairman of the listing criteria evaluate the situation and provide a Undecided. The Irrawaddy dolphin is working groups at PC13 (Geneva, recommendation on whether or not to widely distributed through bays and August 2003), AC19 (Geneva, August separate these two species of chameleon some rivers from Australia to the 2003), and AC20 (Johannesburg, March- in the CITES checklist. Philippines and into eastern India. The April 2004). Thus, we can anticipate the 60. Proposals to amend Appendices Standing Sub-Committee on Small content of the document. The document I and II (Doc. 60). Cetaceans of the Scientific Committee of will reflect a comprehensive evaluation Prop. 1. Exempt from the provisions the International Whaling Commission of the applicability of the criteria to a of the Convention in vitro cultivated recently reviewed the status of this wide range of taxa, which has served as DNA, cells or cell lines, urine and feces, species and reported that densities a basis for recommendations to revise medicines and other pharmaceutical appear to be low in most areas and Resolution Conf. 9.24. products, and fossils (Ireland). Tentative several populations are believed to be 58. Annotations for medicinal plants U.S. negotiating position: Oppose. The seriously depleted. The Sub-Committee in the Appendices (Doc. 58). Tentative proposal stipulates that the exempted expressed concern about reports of live U.S. negotiating position: Support. This DNA, cells or cell lines, and medicines capture from small populations of the document is a report on the Plants and pharmaceutical products would not species. Incidental take in fisheries and Committee’s review of medicinal plant contain any part of the original habitat degradation are also causes of annotations to harmonize the terms organism from which it was derived. concern. The proposal does not provide used, so that they accurately refer to the This proposal is similar to the next much information about the current parts and derivatives included in a proposal (Prop. 2), but includes extent of trade in these dolphins, or why listing and are consistently used across additional types of specimens to be a ban on international commercial trade species. The United States has been exempted, which were not included in would help conserve the species (which actively involved in the Plants the recommendations of the Standing is protected in most range States). We Committee’s review and supports the Committee working group. Furthermore, will continue to investigate the continuation of this work to its we have consulted with U.S. geneticists information in the proposal and from completion. about the terminology used in this other sources, with a view toward

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understanding the current level of the range countries. However, we species were to be retained in Appendix illegal trade and the vulnerability of the particularly note that no determination I, and is therefore precautionary. species to extinction in the near term. has yet been made as to whether Prop. 11. Transfer of the lesser Prop. 4. Transfer from Appendix I to conditions have been met for the one-off sulphur-crested cockatoo (Cacatua Appendix II the Okhotsk Sea—West sale of ivory from Namibia approved by sulphurea) from Appendix II to Pacific stock, the Northeast Atlantic the Conference of the Parties at COP12, Appendix I (Indonesia). Tentative U.S. stock, and the North Atlantic Central so the consideration of additional ivory negotiating position: Support. This stock of the northern minke whale trade, especially a sustained annual species has long been a focus of (Balaenoptera acutorostrata) (Japan). quota, may be premature. The available international concern. The species is Tentative U.S. negotiating position: information suggests that trade in considered Critically Endangered by Oppose. As with past proposals to elephant leather and hair products are IUCN, and both Germany and the downlist whales under CITES, the not linked to poaching, and as such the United States have considered United States opposes this proposal U.S. has supported such trade in the submitting proposals for previous COPs because of the need for IWC–CITES past. to include this species in Appendix I. coordination (as repeatedly expressed in Prop. 8. Amendment of the annotation Illegal trade in the species continues to CITES Resolutions), the lack of an regarding the South African population be a problem, and wild-caught birds international management regime under of African elephant (Loxodonta may be traded as captive-bred the International Convention for the africana), listed in Appendix II, to allow specimens once they leave Indonesia. Regulation of Whaling, the lack of trade in leather goods for commercial The species qualifies for Appendix I international consensus on tracking purposes (South Africa). Tentative U.S. based on its biological status and the whale products with DNA registers, and negotiating position: Support. At continued threat from trade. the stipulations of the CITES COP12, the proposal by South Africa Prop. 13. Transfer of Finsch’s amazon downlisting criteria. with regard to its elephant population parrot (Amazona finschi) from Prop. 6. Transfer all Appendix I (COP12 Prop. 8) was to allow, among Appendix II to Appendix I (Mexico). populations of lion (Panthera leo) to other things, commercial trade in Tentative U.S. negotiating position: Appendix I (Kenya). Tentative U.S. leather goods. During debate on the Support. This species has experienced negotiating position: Oppose. The proposal and subsequent amendments, significant declines in Mexico, where it African populations of the species are this was inadvertently modified to refer is an endemic species. This is a species proposed for inclusion in Appendix I to non-commercial trade in leather that has been historically smuggled into (the Asian subspecies, P.l. persica, is goods, which was adopted. South Africa the United States in significant already listed in Appendix I) on the has submitted the current proposal to numbers, and illegal shipments have basis that all are declining, and those of reflect their original intent. This and also been seized elsewhere. Recent West and Central Africa are fragmented, other elephant issues will be discussed studies in Mexico indicate that the small, and isolated. Although African at an African Elephant Range States species cannot currently sustain harvest lions have experienced declines due to Dialogue meeting just prior to COP13. for commercial trade. The United States a number of factors, these are primarily The United States intends to await the previously considered proposing this related to loss of habitat, reductions in outcome of deliberations by the range species for inclusion in Appendix I, but prey populations, and killing of lions as countries and may adjust its final deferred to Mexico to take appropriate ‘‘problem animals.’’ International trade position on this proposal based on the action. in lion specimens, primarily hunting outcome of that meeting. Prop. 15. Transfer of the spider trophies, is limited, but has the Prop. 9. Transfer of the Southern tortoise (Pyxis arachnoides) from potential to exacerbate population white rhinoceros (Ceratotherium simum Appendix II to Appendix I declines if not managed at sustainable simum) population of Swaziland from (Madagascar). Tentative U.S. negotiating levels. We believe that listing of the Appendix I to Appendix II for the position: Oppose. This species is species in Appendix I may be exclusive purpose of allowing trade in endemic to Madagascar and has been premature, and a more appropriate live animals and hunting trophies subject to increased demand for legal action would be to include the species (Swaziland). Tentative U.S. negotiating and illegal trade in recent years. in the Significant Trade Review of the position: Support. We understand that Deterioration and loss of habitat are Animals Committee, to review the basis Swaziland has only two small but stable potential threats to this species, but for current trade levels, particularly or increasing populations of this species actual relationship of these factors to the since the proponent has indicated that (a total of approximately 60 animals in status of the species is not well hunting quotas could be considered 2003) in protected areas constituting a documented in the proposal. The even if the species were to be placed in small proportion of the country’s land population is estimated at over 10,000 Appendix I. area. However, the Southern white individuals, but the area of distribution Prop. 7. Amendment of the annotation rhinos in Swaziland are considered to and extent of population fragmentation regarding the Namibian population of be part of the South African is currently unknown and under African elephant (Loxodonta africana), metapopulation of this subspecies discussion. At least through 2000–2001, listed in Appendix II, to allow an (Swaziland previously having been part trade in the species was not well annual export quota of raw ivory, trade of South Africa, with the majority of its regulated, and seizures of the species in worked ivory for commercial current border contiguous with South and anecdotal information point to purposes, and trade in leather and hair Africa). Because the South African ongoing illegal trade. Due to the goods for commercial purposes population of this subspecies has country-wide review of trade in CITES- (Namibia). Tentative U.S. negotiating already been downlisted to Appendix II, listed species, exports of this species position: Oppose with exception. This it makes biological sense to also transfer from Madagascar may be better managed and other elephant issues will be Swaziland’s population to Appendix II. and regulated than in the past. Because discussed at an African Elephant Range We note that the purpose of this of improvements in trade controls by States Dialogue meeting just prior to proposal is to allow only limited trade the range country, combined with the COP13, and the United States intends to in live animals and trophies, much of lack of information to indicate an await the outcome of deliberations by which would be allowed even if the imminent threat to the species, it is

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difficult to conclude that this species Appendix II. However, there are Appendix II (Madagascar). Tentative currently qualifies for Appendix I concerns that Namibia has not provided U.S. negotiating position: Oppose. listing. actual population information in the Although L. citrinus appears to be Prop. 17. Include the Malayan snail- proposal, and the IUCN Crocodile restricted to two national parks and eating turtle (Malayemys subtrijuga) in Specialist Group has not provided an nearby areas, the proposal states that ‘‘in Appendix II (Indonesia). This proposal opinion on the proposal. Both of these the wild, the animal is rather plentiful is the same as Prop. 16. Due to wording may be forthcoming before or at the locally.’’ Furthermore, the proponent discrepancies, the Secretariat COP. clearly states and documents that trade considered this to be a separate proposal Prop. 26. Maintenance of the Zambian in the species is very limited (4 from Indonesia, whereas Indonesia had population of Nile crocodile exported in 2001, 15 in 2002, and 0 in indicated to us that they had submitted (Crocodylus niloticus) in Appendix II, 2003). The species is not listed by IUCN a letter indicating their intent to co- with an annual quota of 548 wild (2004). Given that this proposal lacks sponsor the U.S. proposal. No actual specimens (Zambia). Tentative U.S. any scientific information to indicate proposal, other than the letter, was negotiating position: Support. It is the that the species is significantly affected submitted by Indonesia. U.S. interpretation of Resolution Conf. by trade, an Appendix III listing would Prop. 19. Include the Malayan flat- 11.16 that such a proposal from Zambia be more appropriate if Madagascar shelled turtle (Notochelys platynota) in is not necessary, but only that they wishes to regulate and monitor trade Appendix I (Indonesia). This proposal is should consult with the Secretariat this endemic species. the same as Prop. 18. See discussion in when they modify exports of wild-origin Prop. 30. Include the Mt. Kenya bush Prop. 17, above. specimens from levels established in viper (Atheris desaixi) in Appendix II Prop. 22. Include the Fly River turtle their original ranching proposal adopted (Kenya). Tentative U.S. negotiating (Carettochelys insculpta) in Appendix II by the Parties. It can be expected that, position: Oppose. This species is only (Indonesia). This proposal is the same as if a ranching program is successful and found in Kenya. Despite a lack of any Prop. 21. See discussion in Prop. 17, results in the improved status of the population surveys or monitoring, above. ranched population, a higher level of Kenya assumes the population is in Prop. 24. Transfer of the Cuban sustainable harvest may ultimately be decline due to habitat loss and population of the American crocodile achieved. It is known that one increased removal of specimens for (Crocodylus acutus) from Appendix I to population, that of the Luangwa River, trade. The species is protected under Appendix II under the ranching increased by 63% between 1996 and Kenyan law. There has been illegal trade provisions of Resolution Conf. 11.16 2003. in the species, as evidenced by a (Cuba). Tentative U.S. negotiating Prop. 27. Include all species of leaf- confiscation of 27 specimens destined position: Support. Based on 10 years of tailed geckos (Uroplatus spp.) in for the United States between 1999 and monitoring, as well as other information Appendix II (Madagascar). Tentative 2000. Although there are no data on the demonstrating general compliance with U.S. negotiating position: Support. The number of specimens in the global the ranching resolution, the population proposal is to list U. alluaudi due to its captive population, the proponent states appears to qualify for downlisting as restricted range and rarity, and the that the number is presumed to be proposed. The proposal is endorsed by remaining species as look-alikes. U.S. significant. This species is not listed by the IUCN Crocodile Specialist Group. trade data show that thousands have IUCN (2004). Given that this proposal We note that under the United States been imported in recent years. We also lacks any scientific population status Endangered Species Act, the American note that these species continue to be information and that there is no crocodile is listed as endangered. The the subject of articles in reptile hobbyist evidence of a substantial number of historic practice under our stricter magazines, which promote keeping specimens in legal or illegal trade, an domestic measure is that the necessary them and state that they are available as Appendix III listing would be more findings to allow commercial imports wild-collected specimens. appropriate if Kenya wishes to regulate into the United States have not been Prop. 28. Include all species of leaf- and monitor trade in this endemic made, and pending any change in nosed snakes (Langaha spp.) in species. practice, the United States would not Appendix II (Madagascar). Tentative Prop. 31. Inclusion of Kenya horned allow imports of skins or products U.S. negotiating position: Oppose. The viper (Bitis worthingtoni) in Appendix II originating from ranched populations. proponent states that these species (Kenya). Tentative U.S. negotiating Prop. 25. Transfer of the Namibian should be included in the Appendices position: Oppose. This species is population of Nile crocodile as a precautionary measure, due to their endemic to Kenya. Despite the lack of (Crocodylus niloticus) from Appendix I rarity. Although two of the species (L. any population surveys or monitoring, to Appendix II (Namibia). Tentative U.S. alluaudi and L. pseudoalluaudi) have Kenya assumes the population is in negotiating position: Support with restricted distributions and all species decline due to habitat loss and exceptions. The population of this are found infrequently, the proponent increased removal of specimens for species in Namibia is limited in clearly states and documents that trade trade. The species is protected under distribution, because of the arid in the species is very limited. None of Kenyan law. There has been illegal trade conditions in most of the country, but the species is listed by the IUCN (2004). in the species, as evidenced by a where it occurs the population is Given that this proposal lacks any confiscation of 37 specimens destined considered to be stable or increasing scientific information on population for the United States between 1999 and and not subject to significant harvest status or trends, and that there is no 2000. Germany reported 19 specimens pressures or other factors. The proposed evidence of a substantial number of illegally imported between May and downlisting is purported to be primarily specimens in legal or illegal trade, an October 1999. Although there are no to allow trade in hunting trophies, with Appendix III listing would be more data on the number of specimens in the no other planned exports. The Namibian appropriate if Madagascar wishes to global captive population, the population of this species may be regulate and monitor trade in this proponent states that the number is considered part of the metapopulation endemic species. presumed to be significant. This species of neighboring countries, and their Prop. 29. Include a tree snake is not listed by IUCN (2004). Given that populations are already listed in (Lycodryas [= Stenophis] citrinus) in this proposal lacks any scientific

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population status information, and that Prop. 35. Inclusion of the European shipments could become unacceptably there is no evidence of a large amount date mussel (Lithophaga lithophaga) in burdensome and subjective if officials of specimens in legal or illegal trade, an Appendix II (Italy, Slovenia, on behalf must decide whether the brief Appendix III listing would be more of the Member States of the European descriptions in the Swiss proposal appropriate if Kenya wishes to regulate Community). Tentative U.S. negotiating apply to a given shipping method or a and monitor trade in this endemic position: Support. Listing in Appendix given type of commodity. species. II is proposed to help regulate Prop. 37. Inclusion of Hoodia spp. in Prop. 32. Inclusion of the great white international trade, document shifting Appendix II (with an exemption for shark (Carcharodon carcharias) in international trade, prevent illegal trade, certain materials produced by Appendix II with a zero quota and promote sustainable harvest proponent countries that will bear a (Australia, Madagascar). Tentative U.S. methods for the species that will help to label stating that export is in negotiating position: Support with conserve coastal limestone rock habitat. compliance with the requirements of the exception. Australia and the United The proponents state that trade in the CITES Management Authority) States unsuccessfully proposed this species is shifting from Western (Submitted by Botswana, Namibia, species for listing in Appendix I at Mediterranean countries that limit or South Africa). Tentative U.S. negotiating COP11. In March 2004, the CITES ban collection, utilization, and export of position: Oppose. Hoodia spp. is native Animals Committee evaluated an the species to northern and eastern to the proponent states, as well as Australian proposal to list white sharks European countries, where conservation Angola and possibly Zimbabwe. The in Appendix I and determined that the of the species is limited. Discussions proposal discusses the threat of over- species appeared to qualify for with the proponents indicate that illegal harvest of wild populations in light of Appendix II. The current proposal trade has increased, as evidenced by the the recent increased popularity of H. provides substantial information about confiscation of several tons of the gordonii, mainly in Europe and North the species’ decline in various parts of species annually in Italy and Slovenia. America, due to its appetite-suppressing its range, and presents some compelling Current harvest methods are considered qualities in dietary supplements. reasons to list the species in Appendix unsustainable and destructive to the Despite legislation in the proponent II. We are concerned that the zero quota local habitat, and over-harvest is countries to regulate the harvest and contained in the proposal is more negatively affecting the population export of Hoodia spp., potential, restrictive than an Appendix I listing status of this late-maturing species. although unquantified, illegal collection and would bar any international may threaten existing wild populations. movement in scientific research samples Prop. 36. Amendment of the Species are not clearly enumerated, nor or other non-commercial, non- annotation to Helioporidae, are their ranges. The proposed detrimental trade. We note that the Tubiporidae, Scleractinia, Milleporidae, exemption is problematic, and Fisheries Department of the FAO and Stylasteridae to exempt fossils, and information from other range countries convened a panel of fisheries experts in specifically coral rock, except for live (i.e., Angola and Zimbabwe) is lacking. July 2004, in part to review this rock (Switzerland as the Depositary If the purpose of the listing is to ensure proposal. The panel could not ascertain Government, at the request of the legal control, then an Appendix III the global status for the species, but Animals Committee). Tentative U.S. listing would be more appropriate. indicated that some regional and negotiating position: Oppose. This Prop. 38. Annotate Euphorbiaceae in national populations appeared proposal arose from discussions in the Appendix II to exempt artificially threatened by unsustainable catches in Animals Committee, which could not propagated specimens of Euphorbia recent years. Catches in other regions reach consensus on a scientific and lactea from CITES provisions if they are appeared sustainable, while the status of geological definition of fossil corals. It grafted on Euphorbia neriifolia, color some populations remained uncertain. instead endorsed a list of coral products mutants, or crested-branch forming or Given these results, the expected that could be considered fossils, hoping fan-shaped (Thailand). Tentative U.S. continued demand for white shark to ease confusion among customs negotiating position: Support with products, the species’ vulnerability to officers and law enforcement personnel exception. Although the United States overexploitation, and the international about this issue. The list distinguishes agrees in principle with the proposal, as scope of trade in its parts, we support ‘‘fossil’’ from ‘‘non-fossil’’ coral rocks by written, we are concerned that the the adoption of the proposal with some their shipping method, size, and proposal does not exempt the rootstock modification to its zero quota. presence or absence of attached of E. neriifolia from CITES controls. Prop. 34. Deletion of the annotation invertebrate organisms. The intent of Therefore, the rootstock of the grafted ‘‘sensu D’Abrera’’ from the listings of this list is to retain ‘‘live rock’’ (as specimens proposed for exemption Ornithoptera spp., Trogonoptera spp., defined by CITES) in Appendix II while would still be regulated as an Appendix and Troides spp. in Appendix II excluding all other coral rock specimens II species. We are unsure whether the (Switzerland as Depositary Government, as fossils. Although we originally agreed term ‘‘color mutant’’ is adequately at the request of the Nomenclature with the Animals Committee proposal descriptive, which may lead to wild Committee). Tentative U.S. negotiating in March 2004, we have since conferred specimens traded under the exemption position: Support. This deletion would with our law enforcement personnel on because the species is naturally dark serve to bring this listing in line with this issue. These discussions have green with whitish-green bands the rules adopted by the Nomenclature raised serious concerns about the (variegated) along the midrib of the Committee (i.e., that the choice of precedent, ecological risk, and plant. Modifications are needed to nomenclatural standard is not part of enforceability of the proposed improve this proposal before it is the listing process, but is a decision annotation. U.S. wildlife inspectors adopted. The proponent should revise made by the Nomenclature Committee) indicate that many shipments of coral the proposal before the Parties take a and would not affect the status of the ‘‘live rock’’ are already packed in ways decision on it. listed butterflies. More information on that would characterize them as fossils Prop. 39. Annotate Euphorbiaceae in this will be presented by the and thus exempt them from CITES Appendix II to exempt artificially Nomenclature Committee, as part of its controls under the proposed definition. propagated specimens of Euphorbia report, which is not yet available. Furthermore, inspections of coral rock milii from CITES provisions if they are

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traded in shipments of 100 or more provided as an annex to the proposal the current status of the wild population specimens and are readily recognizable extensive color images of the various to determine whether or not the species as artificially propagated specimens types of hybrids that would be continues to meet the biological criteria (Thailand). Tentative U.S. negotiating exempted. This proposal is similar to for Appendix I, and therefore such a position: Oppose. The proponents state the original proposal submitted by the proposal seems premature. that the proposal is to exempt United States for COP12 (CoP12 Prop. Prop. 44. Transfer the blue vanda artificially propagated ‘‘poysean’’ 51) and includes most of the same orchid (Vanda coerulea) from Appendix cultivars of Euphorbia milii. However, genera, but includes a further I to Appendix II (Thailand). Tentative the poysean is a hybrid of Euphorbia requirement that the plants must be in U.S. negotiating position: Oppose. This milii and Euphorbia lophogona, and flower, which would aid greatly in orchid was severely depleted in should be referred to as Euphorbia x identification. portions of its range due to over- lomi. Both species and hybrid are Prop. 42. Amendment of the current collection in the past, although, the popular ornamental plants. The species annotation of Orchidaceae in Appendix proponent states that most range are endemic to Madagascar and have II so that shipments of Phalaenopsis countries’ populations are believed to been reported to hybridize in the wild. hybrids may qualify for an exemption to have recovered and that export of wild- Neither species is listed in the 1997 the provisions of the Convention when collected specimens is prohibited in all IUCN Red List of Threatened Plants. shipments contain a minimum of 20 range countries by domestic legislation. However, eight forms (varieties and rather than 100 specimens per The preferred specimens for trade in subspecies) of Euphorbia milii have container, with the other requirements this species are artificially propagated recently been assessed by IUCN as remaining unchanged (Switzerland as specimens of select clones and hybrids, Vulnerable and two as Endangered. the Depositary Government, at the which are vastly superior in color and We are concerned that the proponent request of the Plants Committee). form to wild-collected specimens. This did not include Euphorbia lophogona in Tentative U.S. negotiating position: species is listed as Rare in the 1997 the proposal, nor any information on Support. At PC14 the United States IUCN Red List of Threatened Plants, trade in wild-collected specimens of reported that an informal survey of although currently the main threat to these species and their wild forms, and orchid importing and exporting the species is forest conversion and not the implications this exemption may countries, including the United States, collection from the wild for have for enforcement and control of had indicated that the annotation international trade. There is still trade in wild specimens. Amending the adopted at COP12 to exempt concern, however, that this species proposal to include Euphorbia Phalaenopsis hybrids was not being continues to be collected from the wild, lophogona would expand the scope of applied, partly because the minimum particularly in India and Myanmar. this proposal. Therefore, the proponent number of plants per container, 100, Prop. 45. Annotation of Cistanche should consider withdrawing the was too high to be practical. It was deserticola to include all parts and proposal to address these deficiencies agreed by the Plants Committee to have derivatives except seeds, spores, and and submit it to the next meeting of the a proposal submitted to COP13 to pollen; flasked seedlings and tissue Plants Committee for a more thorough reduce this number to 20, which is still cultures; and cut flowers from review and discussion, and possible a sufficient number to judge uniformity artificially propagated plants (China). resubmission for consideration at and consistency to evaluate whether the Tentative U.S. negotiating position: COP14. plants are artificially propagated. Support. Since its inclusion in Prop. 40. Annotation of Orchidaceae Prop. 43. Transfer the Christmas Appendix II at COP11, there has been in Appendix II to exempt all hybrids orchid (Cattleya trianei) from Appendix confusion and problems with properly from the provisions of the Convention I to Appendix II (Colombia). Tentative annotating the listing to ensure that the (Thailand). Tentative U.S. negotiating U.S. negotiating position: Oppose. This correct parts are regulated. This position: Oppose. This proposal was orchid species was included in proposal is intended to correct this discussed at the PC14. The United Appendix I in 1975; all other species of longstanding problem. States and other Parties advised the genus Cattleya are listed in Prop. 46. Transfer Dypsis decipiens Thailand at the time that this proposal Appendix II. It is an epiphyte endemic (syn. Chrysalidocarpus decipiens) from was overly broad, could result in to the Colombian Andes. In the late 19th Appendix II to Appendix I enforcement difficulties, and was and early 20th Centuries, the species (Madagascar). Tentative U.S. negotiating premature given the lack of experience was severely over-collected to near position: Support. In 1995, the wild with the more limited exemption of extinction. It is currently listed as population of this slow-growing Phalaenopsis adopted at COP12. Indeterminate (yet to be determined as endemic palm species was estimated at Prop. 41. Annotation of Orchidaceae Vulnerable or Endangered) in the 1997 200 individuals. Because seed was in Appendix II to exempt hybrids of IUCN Red List of Threatened Plants. excluded from the 1975 Appendix II seven genera when they are in flower The information provided in the listing, unchecked trade in wild seed with at least one fully open flower, and proposal appears to represent continues. The proponents believe that when they are potted and labeled, and preliminary findings on the current uplisting is necessary to save this professionally processed for commercial status of the species, but indicates that species from extinction. Biologically, retail sale. Exempt specimens must also the majority of historically documented this species qualifies for inclusion in exhibit the characteristics of artificially subpopulations have not been studied. Appendix I, although seeds of this propagated plants (Switzerland). The proposal to transfer the species to species cannot be readily distinguished Tentative U.S. negotiating position: Appendix II is based on presumptions from other palms. Still, listing in Support. This proposal was discussed at that the species will recover, not that it Appendix I may prove useful by PC14, where the Parties advised that has recovered, and also on the fact that requiring non-range countries to clearly such a proposal could be considered at current trade consists of artificially demonstrate the origin of seed used to COP13 if identification materials were propagated specimens that are well grow artificially propagated plants. This provided with the proposal so that they regulated. No recent illegal trade has will be especially important if the would be available before the exemption been documented. The proposal does recommended changes to Resolution would go into effect. The proponent has not provide sufficient information about Conf. 11.11 are adopted (see agenda

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item 51), since plants grown from #1 (same annotation as this proposal), manner and combat illegal trade. The exempt parts (e.g., seeds) would be and subsequently prohibited the export document also contains two draft treated as artificially propagated. An of all ramin logs and saw timber. In decisions. The first draft decision alternative to the current proposal 2002, Malaysia imposed a complete ban encourages the Working Group, which it would be to annotate the current listing on the import of all ramin logs from suggests be renamed the Central African so that seeds are included and no longer Indonesia. Despite these measures, Bushmeat Working Group, to continue exempt. illegal logging of ramin for the its work and report to the Secretariat on Prop. 49. Inclusion of Aquilaria spp. international market still occurs in its progress. The second draft decision and Gyrinops spp. in Appendix II Indonesia and has resulted in encourages governments and other (except A. malaccensis, which is deforestation in many of the country’s donors to support the implementation of already listed) (Indonesia). Tentative national parks. We understand that national action/management plans and U.S. negotiating position: Oppose. Indonesia and Malaysia continue to the development of a database of Immediately after listing of A. negotiate over this proposal and which information on trade in bushmeat. malaccensis Appendix II at COP9, the parts and products might be included if Because bushmeat continues to be Parties recognized that several other it is adopted. We are not certain of the traded internationally, both regionally genera in the family Thymelaeaceae (up position of other range countries, and on a larger scale, the United States to seven genera, all of which have including Malaysia, on inclusion of believes that it is appropriate that the species native to Indonesia) produce the these species in Appendix II and what issue remain a focus within CITES and resinous heartwood, known as such a listing might practically supports the adoption of the draft agarwood, which is the commodity in accomplish beyond the current resolution. We recommend that the draft trade. It is unclear why only two of Appendix III listing by Indonesia. We resolution also include a these genera are included in this are consulting with the range countries, recommendation that the Working proposal and how the expansion of this as well as experts and other importing Group report to the COP as appropriate listing (which does not propose countries to clarify that range of support on its progress. We do not support the including parts and derivatives) would for, and the anticipated effect of, this adoption of the first draft decision improve the control of trade in proposal. because we believe that the Working agarwood. Trade in agarwood has been 61. Inclusion of species in Appendix Group should retain its present name in studied by the Plants Committee, which III (Doc. 61; Switzerland, the order to encourage other regions facing has not yet developed final Secretariat). Tentative U.S. negotiating similar issues to become involved in recommendations for achieving position: Support. In 1994, the Parties this work. Also, we believe that the sustainability in the harvest and trade of adopted criteria for inclusion of species reporting recommendation should be agarwood, or advised whether in Appendix III in Resolution Conf. 9.25 included in the draft resolution. We additional agarwood-producing species (Rev.), which was later amended at believe that the recommendations should be listed. Therefore, the proposal COP10. If a proposal to amend the included in the second draft decision from Indonesia may be premature. Appendices I or II is adopted at COP13 are more fully addressed in the draft Prop. 50. Inclusion of ramin that includes an annotation to exempt decision included in document COP13 (Gonystylus spp.) in Appendix II with certain types of specimens (e.g., feces), Doc. 62.2. an annotation to include all parts and this document then proposes to revise 62.2 Bushmeat (Doc. 62.2; Ireland). derivatives except seeds, spores, and the criteria for inclusion of species in Tentative U.S. negotiating position: pollen; flasked seedlings and tissue Appendix III to include the same Support. Recognizing that bushmeat cultures; and cut flowers from annotation unless otherwise noted by trade is largely restricted to domestic artificially propagated plants the listing Party. Additionally, this markets and many of the species (Indonesia). Tentative U.S. negotiating document calls for the repeal of involved are not listed under CITES, position: Undecided. The genus Resolution Conf. 1.5 (Rev. COP12) since Ireland believes that more needs to be Gonystylus consists of 29–40 species of a species cannot be included in more done to encourage other international tropical hardwoods, the vast majority of than one Appendix. The United States organizations to provide assistance in which are found on Borneo. All species supports the view that general regulating the trade in bushmeat. The have declined throughout their ranges, exemptions that apply to species draft decision contained in the with 15 species listed as vulnerable in included in Appendices I and II also document directs the Secretariat to the 1997 IUCN Red List of Threatened apply to species included in Appendix encourage increased involvement of the Plants. Of the six species known to be III. The United States also supports Parties to the Convention on Biological commercially valuable, G. bancanus is repealing Resolution Conf 1.5, since a Diversity (CBD), through the Secretariat the dominant species traded as ramin species cannot be included in more than of the CBD, and the FAO in this issue. wood. Gonystylus bancanus occurs in one Appendix. It further calls on the FAO to convene peat-swamp, lowland freshwater a workshop of international swamp, and coastal peat-swamp forests Other Themes and Issues organizations, subject to sufficient of Indonesia and Malaysia. The vast 62. Bushmeat: funding, to facilitate the development of majority of ramin in trade is from 62.1 Bushmeat Working Group (Doc. an action plan to address the problems Indonesia (Kalimantan) with smaller 62.1). Tentative U.S. negotiating underlying the unsustainable trade in amounts from Malaysia (Sarawak and position: Support the adoption of the bushmeat. Sabah). However, most of the ramin draft resolution but oppose the adoption stocks in Indonesia and Malaysia have of the two draft decisions. This Conclusion of the Meeting been depleted over the last 30 years. At document reports on the progress of the 63. Determination of the time and COP8 and COP9, the Netherlands Working Group since its establishment venue of the next regular meeting of the proposed Gonystylus bancanus for at COP11. It contains a draft resolution Conference of the Parties (No listing in Appendix II, only to withdraw that incorporates the lessons learned to document). Tentative U.S. negotiating the proposals at those meetings. In 2001, date and identifies issues the Group position: Support. The Secretariat does Indonesia included all Gonystylus believes must be addressed in order to not normally circulate a document on species in Appendix III with annotation regulate bushmeat in a sustainable the time and venue of the next COP. We

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anticipate receiving information on this DEPARTMENT OF THE INTERIOR it affects approximately 19 acres of land at COP13, at which time the United withdrawn for use by the Department of States will develop a negotiating Bureau of Land Management the Air Force in Nye County, Nevada. position. The United States favors [AZ–910–0777–XP–241A] This order opens the land to surface holding COP14 in a country where all entry, mining, mineral leasing, and Parties and observers will be admitted State of Arizona Resource Advisory mineral material disposals. without political difficulties. Council Meeting DATES: October 29, 2004. FOR FURTHER INFORMATION CONTACT: 64. Closing remarks (No document): AGENCY: Bureau of Land Management, Interior. Wendy Seley, BLM Tonopah Field Future Actions Station, P.O. Box 911, 1553 South Main, ACTION: Arizona Resource Advisory Tonopah, Nevada 89049, (775) 482– During our regular public briefings at Council Meeting notice. COP13, we will discuss any changes in 7800. our negotiating positions. After COP13, SUMMARY: This notice announces a SUPPLEMENTARY INFORMATION: On March we will host a public meeting to (see meeting of the Arizona Resource 21, 1961, Public Land Order No. 2307 ADDRESSES, Public Meeting, above) to Advisory Council (RAC). withdrew three parcels of land which The business meeting will be held on announce results of COP13 and invite included a Department of the Air Force October 27, 2004, at the Crowne Plaza public input on whether the United radar site. The radar site is no longer located at 2532 W. Peoria Avenue, States should take a reservation on any needed and has been relinquished by Phoenix, Arizona. It will begin at 9 a.m. of the amendments adopted to the the Air Force. and conclude at 4 p.m. The agenda CITES Appendices. While CITES items to be covered include: Review of Order provides a period of 90 days from the the August 18, 2004, meeting minutes; close of a COP for any Party to enter a By virtue of the authority vested in BLM State Director’s update on reservation with respect to an the Secretary of the Interior by Section statewide issues; new RAC member amendment to Appendices I or II, the 204 of the Federal Land Policy and orientation; presentations on Mineral Management Act of 1976, 43 U.S.C. United States has never entered a Split-Estate, Service First, and Draft reservation on any CITES listing. As 1714 (2000), it is ordered as follows: Report to Congress on Section 321 of the 1. Public Land Order No. 2307, which discussed in the Federal Register notice Defense Authorization Act; and Arizona withdrew public land for use by the of November 17, 1987 (52 FR 43924), land use planning updates; RAC Department of the Air Force for the entering a reservation would do very questions on written reports from BLM Beatty Range Radar Site, is hereby little to relieve importers in the United Field Managers; Field Office Rangeland revoked insofar as it affects the States from the need for foreign export Resource Team Proposals; reports by the following described land: permits because the Lacey Act Standards and Guidelines, Recreation, Mount Diablo Meridian Amendments of 1981 (16 U.S.C. 3371 et Off-Highway Vehicle Use, Public seq.) make it a Federal offense to import Relations, Land Use Planning and T. 10 S., R. 46 E., into the United States any animals Tenure, and Wild Horse and Burro Sec. 9, unsurveyed. Commencing for taken, possessed, transported, or sold in reference at a point on a high peak Working Groups; reports from RAC whose approximate geographical violation of foreign conservation laws. If members; and discussion of future ° ′ the foreign nation has enacted CITES, location is latitude 37 05 and longitude meetings. A public comment period will 116°49′ thence south 466.69 feet to the and has not taken a reservation with be provided at 11:30 a.m. on October 27, point of beginning; thence West, 466.69 regard to the species, part, or derivative, 2004, for any interested publics who feet; North, 933.38 feet; East, 933.38 feet; the United States would continue to wish to address the Council. South, 933.38 feet; West, 466.69 feet to require CITES documents as a condition FOR FURTHER INFORMATION CONTACT: the point of beginning. of import. A reservation by the United Deborah Stevens, Bureau of Land The tract described contains States also would provide exporters in Management, Arizona State Office, 222 approximately 19 acres in Nye County. this country with little relief from the North Central Avenue, Phoenix, Arizona 2. At 9 a.m. on October 29, 2004, the need for the U.S. export documents. 85004–2203, (602) 417–9215. land described in paragraph 1, will be Receiving countries that are party to opened to the operation of the public CITES will require CITES-equivalent Joanie Losacco, land laws generally, the operation of the documentation from the United States Acting Arizona State Director. mineral leasing laws, and the mineral even if it enters a reservation, because [FR Doc. 04–21822 Filed 9–28–04; 8:45 am] material laws, subject to valid existing the Parties have agreed to allow trade BILLING CODE 4310–32–M rights, the provisions of existing with non-Parties (including reserving withdrawals, other segregations of countries) only if they issue documents record, and the requirements of containing all of the information DEPARTMENT OF THE INTERIOR applicable law. All valid applications required in CITES permits and Bureau of Land Management received at or prior to 9 a.m. on October certificates. 29, 2004, shall be considered as Authority: This Federal Register notice has [NV–930–1430–ET; Nev–045154; 4–08807] simultaneously filed at that time. Those been published under the authority of the received thereafter shall be considered U.S. Endangered Species Act of 1973, as Public Land Order No. 7617; Partial in the order of filing. amended (16 U.S.C. 1531 et seq.). Revocation of Public Land Order No. 3. At 9 a.m. on October 29, 2004, the 2307; Nevada land described in paragraph 1, will be Dated: September 17, 2004. AGENCY: opened to location and entry under the Marshall P. Jones, Jr., Bureau of Land Management, Interior. United States mining laws, subject to Acting Director, U.S. Fish and Wildlife ACTION: Public land order. valid existing rights, the provisions of Service. existing withdrawals, other segregations [FR Doc. 04–21780 Filed 9–28–04; 8:45 am] SUMMARY: This order partially revokes of record, and the requirements of BILLING CODE 4310–55–P Public Land Order No. 2307 insofar as applicable law. Appropriation of any of

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the land described in this order under Overview of Global Oil and Gas Dated: September 24, 2004. the general mining laws prior to the date Situation Thomas A. Readinger, and time of restoration is unauthorized. This presentation will address the Associate Director for Offshore Minerals Any such attempted appropriation, Management. latest trends on oil and markets both including attempted adverse possession nationally and internationally with an [FR Doc. 04–21843 Filed 9–28–04; 8:45 am] under 30 U.S.C. 38 (2000), shall vest no emphasis on how it relates to DOI’s role. BILLING CODE 4310–MR–P rights against the United States. Acts required to establish a location and to OCS and MMS Role in the Domestic initiate a right of possession are Energy Picture NATIONAL ARCHIVES AND RECORDS governed by State law where not in ADMINISTRATION conflict with Federal law. The Bureau of This presentation will address MMS’s Land Management will not intervene in mission and business practices in Records Schedules; Availability and disputes between rival locators over managing mineral resource Request for Comments possessory rights since Congress has development on the OCS. AGENCY: National Archives and Records provided for such determinations in MMS Regional Issues Administration (NARA). local courts. The Regional Directors will highlight ACTION: Notice of availability of Dated: September 14, 2004. activities off the California and Alaska proposed records schedules; request for Rebecca W. Watson, coasts and the Gulf of Mexico. comments. Assistant Secretary—Land and Minerals Management. Future Planning SUMMARY: The National Archives and [FR Doc. 04–21776 Filed 9–28–04; 8:45 am] This presentation will address the 5– Records Administration (NARA) BILLING CODE 4310–HC–P Year OCS Oil and Gas Leasing Program publishes notice at least once monthly 2007–2012 and ways to prepare for of certain Federal agency requests for future decision or direction of the records disposition authority (records DEPARTMENT OF THE INTERIOR Program. schedules). Once approved by NARA, records schedules provide mandatory Minerals Management Service (MMS) Multiple Use of Existing Infrastructure instructions on what happens to records when no longer needed for current Outer Continental Shelf (OCS) Policy This presentation will address conversion of OCS oil and gas Government business. They authorize Committee; Notice and Agenda for the preservation of records of Meeting infrastructure for other uses, proposed OCS legislation and MMS’s continuing value in the National Archives of the United States and the AGENCY: Minerals Management Service, commitment to the challenge. destruction, after a specified period, of Interior. The agenda for Thursday, October 21 records lacking administrative, legal, will cover the following principal ACTION: Notice of meeting. research, or other value. Notice is subjects: published for records schedules in SUMMARY: The OCS Policy Committee Committee Business which agencies propose to destroy will meet at the Holiday Inn Capitol in records not previously authorized for The new Committee will establish Washington, DC. disposal or reduce the retention period operating procedures and elect officers. DATES: Wednesday, October 20, 2004, of records already authorized for from 8:30 a.m. to 5 p.m. and Thursday, U.S. Commission on Ocean Policy disposal. NARA invites public October 21, 2004, from 8:30 a.m. to 12 comments on such records schedules, as p.m. This presentation will highlight the required by 44 U.S.C. 3303a(a). Commission’s final report and its DATES: ADDRESSES: The Holiday Inn Capitol recommendations for a national ocean Requests for copies must be Hotel, 550 C Street, SW., Washington, policy. received in writing on or before DC 20024, telephone (202) 479–4000. November 15, 2004. Once the appraisal The meeting is open to the public. FOR FURTHER INFORMATION CONTACT: Ms. of the records is completed, NARA will Approximately 100 visitors can be send a copy of the schedule. NARA staff Jeryne Bryant at Minerals Management accommodated on a first-come-first- Service, 381 Elden Street, Mail Stop usually prepare appraisal served basis. memorandums that contain additional 4001, Herndon, Virginia 20170–4187. Upon request, interested parties may She can be reached by telephone at information concerning the records make oral or written presentations to the covered by a proposed schedule. These, (703) 787–1211 or by electronic mail at OCS Policy Committee. Such requests [email protected]. too, may be requested and will be should be made no later than October provided once the appraisal is SUPPLEMENTARY INFORMATION: The OCS 13, 2004, to Jeryne Bryant. Requests to completed. Requesters will be given 30 Policy Committee represents the make oral statements should be days to submit comments. collective viewpoint of coastal states, accompanied by a summary of the ADDRESSES: You may request a copy of FOR local government, environmental statement to be made. Please see any records schedule identified in this community, industry, and other parties FURTHER INFORMATION CONTACT section notice by contacting the Life Cycle involved with the OCS Program. It for address and telephone number. Management Division (NWML) using provides policy advice to the Secretary Minutes of the OCS Policy Committee one of the following means: of the Interior through the Director of meeting will be available for public Mail: NARA (NWML), 8601 Adelphi the MMS on all aspects of leasing, inspection and copying at the MMS in Road, College Park, MD 20740–6001. exploration, development, and Herndon, Virginia. e-mail: [email protected]. protection of OCS resources. Authority: Federal Advisory Committee FAX: (301) 837–3698. The agenda for Wednesday, October Act, P.L. No. 92–463, 5 U.S.C. Appendix 1, Requesters must cite the control 20 will cover the following principal and the Office of Management and Budget’s number, which appears in parentheses subjects: Circular No. A–63, Revised. after the name of the agency which

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submitted the schedule, and must includes information about the records. and Deputy Director. This schedule provide a mailing address. Those who Further information about the authorizes the agency to apply the desire appraisal reports should so disposition process is available on proposed disposition instructions to any indicate in their request. request. recordkeeping medium. (6) Department of Transportation, FOR FURTHER INFORMATION CONTACT: Paul Schedules Pending M. Wester, Jr., Director, Life Cycle Bureau of Transportation Statistics (N1– Management Division (NWML), (1) Department of the Air Force, 398–04–13, 6 items, 5 temporary items). National Archives and Records Agency-wide (N1–AFU–03–23, 2 items, Press release background materials and Administration, 8601 Adelphi Road, 2 temporary items). Test materials and newspaper clippings. Also included are College Park, MD 20740–6001. other records used in agency distance electronic copies of records created Telephone: (301) 837–3120. e-mail: learning programs. Electronic copies of using electronic mail and word [email protected]. records created using electronic mail processing. Proposed for permanent and word processing are also included. retention are recordkeeping copies of SUPPLEMENTARY INFORMATION: Each year (2) Department of the Air Force, press releases and fact sheets. This Federal agencies create billions of Agency-wide (N1–AFU–03–9, 10 items, schedule authorizes the agency to apply records on paper, film, magnetic tape, 10 temporary items). Certificate the proposed disposition instructions to and other media. To control this management authority records required any recordkeeping medium. accumulation, agency records managers for operating a public key infrastructure (7) Department of Transportation, prepare schedules proposing retention for digital signatures. Included are such Bureau of Transportation Statistics (N1– periods for records and submit these records as certificate practice 398–04–14, 6 items, 5 temporary items). schedules for NARA’s approval, using statements, contractual agreements, Routine publications, promotional the Standard Form (SF) 115, Request for system equipment configuration items, and associated working papers. Records Disposition Authority. These records, certificate and revocation Also included are electronic copies of schedules provide for the timely transfer requests, subscriber identity records created using electronic mail into the National Archives of authentications, documentation of and word processing. Proposed for historically valuable records and receipt and acceptance of certificates, permanent retention are recordkeeping authorize the disposal of all other certificate revocation lists, and security copies of mission-related publications records after the agency no longer needs audit records. Also included are and promotional items. This schedule them to conduct its business. Some electronic copies of records created authorizes the agency to apply the schedules are comprehensive and cover using electronic mail and word proposed disposition instructions to any all the records of an agency or one of its processing. The schedule authorizes the recordkeeping medium. major subdivisions. Most schedules, agency to apply the proposed (8) Department of the Treasury, however, cover records of only one disposition instructions to any Internal Revenue Service (N1–58–04–5, office or program or a few series of recordkeeping medium. 7 items, 7 temporary items). records. Many of these update (3) Department of the Army, Agency- Administrative files and closed legal previously approved schedules, and wide (N1–AU–04–8, 3 items, 3 case files accumulated in the Office of some include records proposed as temporary items). Records relating to the Associate Chief Counsel (General permanent. the agency’s program to maximize the Legal Services), including area offices in No Federal records are authorized for quality and integrity of the information the field. Also included are electronic destruction without the approval of the it provides to the public. Included are copies of records created using Archivist of the United States. This such records as registers, routine electronic mail and word processing. approval is granted only after a notices, memorandums, standards, (9) Department of the Treasury, thorough consideration of their procedures, and guidelines. Also Internal Revenue Service (N1–58–04–6, administrative use by the agency of included are electronic copies of 1 item, 1 temporary item). Audio digital origin, the rights of the Government and documents created using electronic mail recordings and screen image captures of private persons directly affected by and word processing. This schedule used to randomly review the customer the Government’s activities, and authorizes the agency to apply the service provided to the public by agency whether or not they have historical or proposed disposition instructions to any taxpayer assistors. other value. recordkeeping medium. (10) National Commission on Besides identifying the Federal (4) Department of Transportation, Libraries and Information Science, agencies and any subdivisions Bureau of Transportation Statistics (N1– Administration (N1–220–04–4, 20 requesting disposition authority, this 398–04–1, 3 items, 1 temporary item). items, 18 temporary items). public notice lists the organizational First, second, and third quarter Administrative records relating to such unit(s) accumulating the records or electronic data regarding passenger matters as personnel management, indicates agency-wide applicability in flights. Proposed for permanent travel, mailing lists, delegations of the case of schedules that cover records retention are the cumulative fourth authority, records management, space that may be accumulated throughout an quarter data and the related planning, and stationery. Also included agency. This notice provides the control documentation. are electronic copies of documents number assigned to each schedule, the (5) Department of Transportation, created using word processing and total number of schedule items, and the Bureau of Transportation Statistics (N1– electronic mail. Proposed for permanent number of temporary items (the records 398–04–12, 5 items, 4 temporary items). retention are recordkeeping copies of proposed for destruction). It also Speeches and testimony given by records relating to nominations and includes a brief description of the agency officials other than the Director appointments to the Commission and temporary records. The records and Deputy Director. Also included are the use of the Commission seal. schedule itself contains a full electronic copies of records created (11) National Commission on description of the records at the file unit using electronic mail and word Libraries and Information Science, level as well as their disposition. If processing. Proposed for permanent Budget and Finance (N1–220–04–5, 2 NARA staff has prepared an appraisal retention are recordkeeping copies of items, 1 temporary item). Electronic memorandum for the schedule, it too speeches and testimony by the Director spreadsheets relating to budgetary and

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financial matters. Proposed for • NCUA Web site: http:// provision that would allow an FCU to permanent retention are recordkeeping www.ncua.gov/ require separate accounts for copies of annual budget files. RegulationsOpinionsLaws/ membership. An FCU would choose in (12) National Commission on proposed_regs/proposed_regs.html. its bylaws whether or not to allow joint Libraries and Information Science, Follow the instructions for submitting account holders to be members without Sister Library Program (N1–220–04–6, comments. each opening a separate account. The 10 items, 8 temporary items). Records • e-mail: Address to Board proposes the following language relating to the Sister Library Program, [email protected]. Include ‘‘[Your as an alternative Section 7: ‘‘Each including such files as applications, a name] Comments on FCU Bylaws’’ in member must purchase and maintain at database used to manage applications the e-mail subject line. least one share in a share account that and contacts, and electronic copies of • Fax: (703) 518–6319. Use the names the member as the sole or documents created using word subject line described above for e-mail. primary owner. Being named as a joint processing and electronic mail. • Mail: Address to Mary F. Rupp, owner of a joint account is insufficient Proposed for permanent retention are Secretary of the Board, National Credit to establish membership.’’ recordkeeping copies of general subject Union Administration, 1775 Duke Article IV, Section 4. This section files and samples of materials produced Street, Alexandria, Virginia 22314– provides the suggested order of business by participant libraries. 3428. at annual meetings but does not require (13) National Commission on • Hand Delivery/Courier: Same as that every item of business listed be Libraries and Information Science, mail address. addressed during the meeting. The Board seeks comment on whether this White House Conference on Libraries FOR FURTHER INFORMATION CONTACT: section should include the required and Information Services (N1–220–04– Chrisanthy Loizos, Staff Attorney, Office items of business that FCU officials 7, 16 items, 9 temporary items). Records of General Counsel, National Credit must present at the annual meeting. For of the second White House Conference Union Administration, 1775 Duke instance, the annual meeting must on Libraries and Information Sciences Street, Alexandria, Virginia 22314–3428 include the election of directors to held during the administration of or telephone: (703) 518–6540. President George H. W. Bush. Included vacant seats. 12 U.S.C. 1761(a). The SUPPLEMENTARY INFORMATION: are records relating to such subjects as supervisory committee is also required travel, printing, and other Background to provide a summary of its annual administrative matters, copies of audit report to the members either orally The FCU Act requires the NCUA or in writing at the annual meeting. 12 informational materials, and electronic Board to prepare bylaws that ‘‘shall be copies of records created using U.S.C. 1761d; 12 CFR 715.10. An FCU used’’ by FCUs. 12 U.S.C. 1758. In 1999, that participates in the Community electronic mail and word processing. the NCUA Board issued revised FCU Also included are some records that Development Revolving Loan Program Bylaws. 64 FR 55760 (October 14, 1999). must report on its progress of providing both pre-date and post-date the The 1999 revision included conference. Proposed for permanent needed community services at its consolidating the existing bylaws into annual meeting unless it sends the retention are recordkeeping copies of one publication, deleting outdated and such records as program files, information to members in a written obsolete bylaws, and using plain report. 12 CFR 705.6(b). The Board audiovisual materials, and hearing and English. open forum files. seeks comment on whether annual It has been five years since that meeting requirements like the ones Dated: September 20, 2004. revision. The NCUA Board has a policy noted should be added to the bylaws. Michael J. Kurtz, of continually reviewing NCUA Article V, Option A4, Sections 1 and Assistant Archivist for Records Services— regulations to ‘‘update, clarify and 2. In Section 2, the sentence ‘‘All Washington, DC. simplify existing regulations and elections are determined by plurality [FR Doc. 04–21769 Filed 9–28–04; 8:45 am] eliminate unnecessary and redundant vote’’ was inadvertently omitted from BILLING CODE 7515–01–P and unnecessary provisions.’’ NCUA the beginning of this section. We Interpretive Ruling and Policy recommend including this language that Statement (IRPS) 87–2, Developing and is present in the other three election NATIONAL CREDIT UNION Reviewing Government Regulations. As options. ADMINISTRATION a result of NCUA’s 2003 review, the In addition, the Board is considering Board has decided to seek comment on changing this provision, which Federal Credit Union Bylaws the FCU Bylaws to see if there are areas currently permits voting electronically, needing additional revisions at this to allow for mailing all notices AGENCY: National Credit Union time. The Board is aware of a few electronically if the member consents. Administration (NCUA). provisions in the bylaws it believes This would be accomplished by: (1) ACTION: Notice and request for comment. should be revised and is requesting Adding to Section 1 at the end of comment on the specific, suggested paragraph one ‘‘or the secretary may use SUMMARY: The NCUA Board is requesting comment on ways to update, changes discussed below. electronic mail to notify members who have opted to receive notices or clarify and simplify the Federal Credit Request for Comment Union (FCU) Bylaws. In addition, this statements electronically’’; (2) deleting Article III, Section 7. In 1999, the notice requests comment on specific, ‘‘written’’ everywhere it appears in Board clarified in the FCU Bylaws that suggested changes to the FCU Bylaws. Section 1, paragraph two; and (3) adding owners of a joint account may be to the end of Section 2(b) ‘‘provided, DATES: The NCUA must receive members of the FCU without opening however, that electronic mail may be comments on or before November 29, separate accounts if they each purchase used to provide the notice of ballot to 2004. at least one share. Because some FCUs members who have opted to receive ADDRESSES: You may submit comments may not want to allow joint owners of notices or statements electronically.’’ by any of the following methods. (Please one account to be members, the Board Article V, Option A4, Section 2(c)(2). send comments by one method only): is proposing to add an alternative bylaw The Board is considering amending this

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provision to require an FCU to include recognized as a legal entity and may NUCLEAR REGULATORY a mail ballot with its electronic election qualify for membership in its own right. COMMISSION procedure instructions rather than Also, formal trust agreements generally [Docket Nos. 50–269, 50–270, and 50–287] require a member without the requisite provide that a trustee has the power to electronic device to request a ballot. vote on behalf of a trust when the trust Duke Energy Corporation; Notice of Requiring members to contact the FCU holds shares or stock that entitle the Withdrawal of Application for in order to receive a ballot may owner to vote. Amendment to Facility Operating discourage member participation in the License election process. If the mail ballot is Article V, Section 7. The Board seeks included with the electronic election comment on whether to include a The U.S. Nuclear Regulatory instructions, members will have a provision that sets a minimum age as a Commission (the Commission) has choice as to the voting method without qualification for eligibility to vote and granted the request of Duke Energy having to contact the FCU. hold office, as a second option to Corporation (the licensee) to withdraw Article V, Option A4, Section 2(d)(5). Section 7, which currently allows an its June 7, 2002, application for This provision addresses mail ballots FCU’s board to establish the age by proposed amendment to Facility and states that, if one form is used for resolution. Operating License Nos. DPR–38, DPR– the ballot and identification form, it Article IX, Section 1. The FCU Act 47, and DPR–55, for Oconee Nuclear Station, Units 1, 2, and 3, located in must be ‘‘properly designed.’’ NCUA’s precludes the director who is the Office of General Counsel has Oconee County, South Carolina. ‘‘compensated officer’’ from being the interpreted this provision to require The proposed amendments would secrecy in the balloting process. OGC director who can also be on the have revised the Updated Final Safety Legal Opinions 03–510, dated July 30, supervisory committee. 12 U.S.C. Analysis Report with regard to tornado 2003; 03–1048, dated March 12, 2004. 1761(b). The bylaw currently states that mitigation. The proposed amendments Prior editions of the FCU Bylaws ‘‘[t]he supervisory committee is would have eliminated credit for the provided instructions that stated: ‘‘[t]he appointed by the board from among the flow path from the spent fuel pool to the ID form will be separated from your members of this credit union, one of high pressure injection pump following ballot when it reaches the credit union, whom may be a director other than the a tornado and would have credited the and before any ballots are opened.’’ financial officer.’’ The bylaw incorrectly standby shutdown facility as the Federal Credit Union Standard Bylaw assumes that the financial officer is the assured means of achieving safe Amendments and Guidelines, Sample ‘‘compensated officer.’’ We propose shutdown following a tornado. Ballot, p. 41, October 1991. replacing ‘‘financial officer’’ with The Commission had previously The Board is interested in comments ‘‘compensated officer’’ so that the bylaw issued a Notice of Consideration of on whether this bylaw should be revised is consistent with the FCU Act. Issuance of Amendment that was to address the secrecy requirement in originally published in the Federal conjunction with what constitutes a The Board is seeking comment on all Register on July 23, 2002 (67 FR 48216). ‘‘properly designed’’ ballot. One issue to of the above mentioned proposed A revised Notice of Consideration of consider is the manner in which an FCU changes and also suggestions on other Issuance of Amendment was published can establish an election process that ways to update, clarify and simplify the in the Federal Register on February 18, assures members their votes remain existing FCU Bylaws. For example, 2003 (67 FR 7814). However, by letter confidential and secret from all NCUA has encouraged FCU managers dated September 9, 2004, the licensee interested parties when an independent and directors to consider improvements withdrew the proposed change. third-party teller reviews the ballots in matters relating to corporate For further details with respect to this with the members’ signatures. governance and auditing in a manner action, see the application for In another matter related to properly similar to the requirements imposed on amendment dated June 7, 2002, and the designed ballots, the Board is public companies under the Sarbanes- licensee’s letter dated September 9, considering a change that would allow Oxley Act of 2002. NCUA Letter to 2004, which withdrew the application names printed on ballots to be placed in Federal Credit Unions 03–FCU–07 for license amendment. Documents may alphabetical order as an alternative to (October 2003). The Board believes that be examined, and/or copied for a fee, at determining the order by drawing lots. sound corporate governance practices the NRC’s Public Document Room (PDR), located at One White Flint North, The Board seeks comment on this begin with prepared directors and Public File Area O1 F21, 11555 suggestion and other alternatives to a managers. The Board welcomes fair and properly designed ballot. Rockville Pike (first floor), Rockville, Article V, Section 4. This section comments on whether particular Maryland. currently reads: ‘‘Members cannot vote corporate governance practices or Publicly available records will be by proxy, but a member other than a related issues should be added to the accessible electronically from the natural person may vote through an FCU Bylaws, such as board training or Agencywide Documents Access and agent designated in writing for the ethics. Based upon the comments, the Management Systems (ADAMS) Public purpose. A trustee, or other person Board will issue a notice with proposed Electronic Reading Room on the Internet acting in a representative capacity, is bylaws and request for comment. at the NRC Web site, http:// not as such, entitled to vote.’’ The Board By the National Credit Union www.nrc.gov/reading-rm/adams/html. proposes deleting the second sentence. Administration Board on September 23, Persons who do not have access to The second sentence reflects a prior 2004. ADAMS or who encounter problems in accessing the documents located in legal view when FCU authority to Mary Rupp, establish trust accounts was limited to ADAMS, should contact the NRC PDR Secretary of the Board. trust accounts for minors. Among other Reference staff by telephone at 1–800– restrictions on these accounts at the [FR Doc. 04–21758 Filed 9–28–04; 8:45 am] 397–4209, or 301–415–4737 or by e-mail time, the trustee had to be a member but BILLING CODE 7535–01–P to [email protected]. was not entitled to vote. The provision Dated at Rockville, Maryland, this 22nd is now outdated because a trust is day of September, 2004.

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For the Nuclear Regulatory Commission. licenses for D. C. Cook Units 1 and 2 of the page or on ‘‘previous’’ to return Leonard N. Olshan, Sr. and relocate the requirements to either to the previous page. Project Manager, Section 1, Project the ITS or the Technical Requirements The licensee has categorized the Directorate II, Division of Licensing Project Manual of the D. C. Cook Updated Final proposed changes to the CTS into five Management, Office of Nuclear Reactor Safety Analysis Report (UFSAR); and (2) general groupings within the Regulation. 34 beyond scope issues (BSIs) where the description of changes (DOC) section of [FR Doc. 04–21764 Filed 9–28–04; 8:45 am] proposed requirements are different the application. These groupings are BILLING CODE 7590–01–P from the CTS or the STS NUREG–1431. characterized as administrative changes The BSIs are identified later in this (i.e., ITS x.x, DOC A.xx), more notice. restrictive changes (i.e., ITS x.x, DOC NUCLEAR REGULATORY M.xx), relocated specifications (i.e., ITS COMMISSION This notice is based on the x.x, DOC R.xx), removed detail changes application dated April 6, 2004, and the [Docket Nos. 50–315 and 50–316] (i.e., ITS x.x, DOC LA.xx), and less information provided to the NRC restrictive changes (i.e., ITS x.x, DOC Indiana Michigan Power Company; through the Cook ITS Conversion Web L.xx). This is to say that the DOCs are Notice of Consideration of Issuance of page. To expedite its review of the numbered sequentially within each Amendments To Facility Operating application, the NRC staff issued its letter designator for each ITS Chapter, Licenses and Opportunity for a requests for additional information Section, or Specification, and the Hearing (RAIs) through the Cook ITS Conversion designations are A.xx for administrative Web page and the licensee addressed changes, M.xx for more restrictive The U.S. Nuclear Regulatory the RAIs by providing responses on the changes, R.xx for relocated Commission (NRC or the Commission) Web page. Entry into the database is specifications, LA.xx for removed detail is considering issuance of an protected so that only licensee and NRC changes, and L.xx for less restrictive amendment to Facility Operating reviewers can enter information into the changes. These changes to the License Nos. DPR–58 and DPR–74 database to add RAIs (NRC) or providing requirements of the CTS do not result in issued to Indiana Michigan Power responses to the RAIs (licensee); operations that will alter assumptions Company (I&M or the licensee) for however, the public can enter the relative to mitigation of an analyzed operation of the Donald C. Cook Nuclear database to only read the questions accident or transient event. Plant, Units 1 and 2, (D. C. Cook) asked and the responses provided. To be Administrative changes are those that located in Berrien County, Michigan. in compliance with the regulations for involve restructuring, renumbering, The proposed amendment, requested written communications for license rewording interpretation and complex by I&M in its application dated April 6, rearranging of requirements and other 2004, represents a full conversion from amendment requests and to have the database on the D. C. Cook dockets changes not affecting technical content the Current Technical Specifications or substantially revising an operating (CTS) to a set of Improved Technical before the amendments would be issued, the licensee will submit a copy requirement. The reformatting, Specifications (ITS) based on NUREG– renumbering and rewording process 1431, ‘‘Standard Technical of the database in a submittal to the NRC after there are no further RAIs and reflects the attributes of NUREG–1431 Specifications (STS) for Westinghouse and does not involve technical changes Plants,’’ Revision 2, dated April 2001. before the amendments would be issued. The public can access the to the CTS. The proposed changes NUREG–1431 has been developed by include: (a) Providing the appropriate database through the NRC Web site at the Commission’s staff through working numbers, etc., for NUREG–1431 http://www.nrc.gov by the following groups composed of both NRC staff bracketed information (information that process: (1) Click on the tab labeled members and industry representatives, must be supplied on a plant-specific ‘‘Nuclear Reactors’’ on the NRC home and has been endorsed by the NRC staff basis, and which may change from plant page along the upper part of the web as part of an industry-wide initiative to to plant); (b) identifying plant-specific standardize and improve the Technical page, (2) then click on the link to wording for system names, etc.; and (c) Specifications (TSs) for nuclear power ‘‘Operating Reactors,’’ which is under changing NUREG–1431 section wording plants. As part of this submittal, the ‘‘Regulated Activities’’ on the left hand to conform to existing licensee licensee has applied the criteria side of the web page, (3) then click on practices. Such changes are contained in the Commission’s ‘‘Final the link to ‘‘Improved Standard administrative in nature and do not Policy Statement on Technical Technical Specifications’’ which is on impact initiators of analyzed events or Specification Improvements for Nuclear right hand side of the page, and (4) assumed mitigation of accident or Power Reactors (Final Policy finally click on the link to ‘‘Comments transient events. Statement),’’ published in the Federal on the application and responses by D. More restrictive changes are those Register on July 22,1993 (58 FR 39132), C. Cook,’’ near the bottom of the Web involving more stringent requirements to the CTS and using NUREG–1431 as page, to open the database. The RAIs compared to the CTS for operation of a basis, proposed an ITS for D. C. Cook. and responses to RAIs are organized by the facility. These more stringent The criteria in the Final Policy ITS Sections 1.0, 2.0, 3.0, 3.1 through requirements do not result in operation Statement was subsequently added to 3.9, 4.0, and 5.0, which are listed first, that will alter assumptions relative to Title 10 of the Code of Federal and the 34 BSIs, which are listed later. the mitigation of an accident or Regulations (10 CFR), Part 50.36, For every listed ITS section or BSI, there transient event. The more restrictive ‘‘Technical Specifications,’’ in a rule is an RAI which can be read by clicking requirements will not alter the operation change that was published in the on the ITS section or BSI number. The of process variables, structures, systems, Federal Register on July 19, 1995 (60 FR licensee’s responses are shown by a and components described in the safety 36953) and became effective on August solid triangle adjacent to the ITS section analyses. For each requirement in the 18, 1995. or BSI number, and, to read the STS that is more restrictive than the In addition to the conversion, the response, you click on the triangle. To CTS that the licensee proposes to adopt licensee also proposed: (1) To delete page down through the ITS sections to in the ITS, the licensee has provided an three license conditions in the operating the BSIs, click on ‘‘next’’ along the top explanation as to why it has concluded

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that adopting the more restrictive requirements are justified on a case-by- DOC L.5; ITS 3.3.6, DOC L.9; ITS 3.4.15, requirement is desirable to ensure safe case basis. When requirements have DOC L.8; ITS 3.6.9, DOC L.3; ITS 3.7.10, operation of the facility because of been shown to provide little or no safety DOC L.3; ITS 3.7.12, DOC L.3; ITS specific design features of the plant. benefit, their removal from the TSs may 3.7.13, DOC L.5) Relocated changes are those involving be appropriate. In most cases, (4) Decreases the number of manual relocation of requirements and relaxations previously granted to channels required OPERABLE to one surveillances for structures, systems, individual plants on a plant-specific per train. (ITS 3.3.2, DOC L.20) components, or variables that do not basis were the result of: (a) Generic NRC (5) Decreases the number of manual meet the criteria for inclusion in TSs. actions; (b) new NRC staff positions that channels required OPERABLE to one Relocated changes are those CTS have evolved from technological per train. (ITS 3.3.6, DOC L.10) requirements that do not satisfy or fall advancements and operating (6) Deletes the once per shift SOURCE within any of the four criteria specified experience; or (c) resolution of the CHECK requirement on the containment in the 10 CFR 50.36(c) and, therefore, Owners Groups’ comments on the radiation instrumentation. (ITS 3.3.6, may be relocated to appropriate Improved STSs. Generic relaxations DOC L.11) licensee-controlled documents. contained in NUREG–1431 were (7) Changes the number coolant loop The licensee’s application of the reviewed by the NRC staff and found to required to be in operation and/or screening criteria is described in be acceptable because they are OPERABLE, based on the status of the Attachment 1 to the licensee’s April 6, consistent with current licensing rod control system. (ITS 3.4.6, DOC L.1) 2004, application, ‘‘Donald C. Cook practices and NRC regulations. The (8) Requirement to specifically state Nuclear Plant, Units 1 and 2, License licensee’s design is being reviewed to the required water level as referenced to Amendment Request—Conversion of determine if the specific design basis a specific point inside the steam Current Technical Specifications (CTS) and licensing basis are consistent with generators instead of using a specific to Improved Technical Specifications the technical basis for the model indication from one instrument is being (ITS).’’ The affected structures, systems, requirements in NUREG–1431, thus changed. (ITS 3.4.6, DOC L.5; ITS 3.4.7, components or variables are not providing a basis for the ITS, or if DOC L.3) assumed to be initiators of analyzed relaxation of the requirements in the (9) Changes for Unit 1 only to: (1) events and are not assumed to mitigate CTS is warranted based on the Decrease the unidentified LEAKAGE accident or transient events. The justification provided by the licensee. limit and provide additional REQUIRED requirements and surveillances for these These administrative, relocated, more ACTIONS; and (2) add the requirement affected structures, systems, restrictive, and less restrictive changes to analyze grab samples of the components, or variables will be to the requirements of the CTS do not containment atmosphere every 12 hours relocated from the TSs to result in operations that will alter instead of every 24 hours. (ITS 3.4.13, administratively-controlled documents assumptions relative to mitigation of an DOC M.1; ITS 3.4.15, DOC M.2) such as the quality assurance program, analyzed accident or transient event. (10) Increasing the pressure constant the UFSAR, the ITS Bases, the technical In addition to the proposed changes value, resulting in a decrease in the requirements manual that is solely involving the conversion, there calculated seal line resistance flow. (ITS incorporated by reference in the are also changes proposed that are 3.5.5, DOC M.1) UFSAR, the core operating limits report, different from the requirements in both (11) Require two of the three refueling the offsite dose calculation manual, the the CTS and the STS NUREG–1431. The canal drains to be OPERABLE, and, due inservice testing program, the inservice BSIs are listed below in which the first to this change, the word ‘‘required’’ has inspection program, or other licensee- 21 were identified by the licensee and been added to the Actions and the SRs controlled documents. Changes made to addressed in Enclosure 4 to its since not all installed refueling drains these documents will be made pursuant application. In some cases, the BSI is are required to be OPERABLE. (ITS to 10 CFR 50.59 or other appropriate addressed as a justification for deviation 3.6.14, DOC L.2) control mechanisms, and may be made (JFD) from the STS, and identified as (12) Increasing the condensate storage without prior NRC review and approval. ITS x.x, JFD x. These BSIs to the tank volume requirements. (ITS 3.7.6, In addition, the affected structures, conversion, listed in the order of the DOC M.1) systems, components, or variables are applicable ITS specification or section, (13) Delete the 1-hour allowance to addressed in existing surveillance are as follows [note that the words delay declaring inoperable the opposite procedures that are also subject to 10 below that are capitalized are terms that unit essential service water (ESW) train, CFR 50.59. are defined in the ITS]: and adds requirements to address the Removed detail changes, are changes (1) Surveillance Frequencies for opposite unit ESW train. (ITS 3.7.8, to the CTS that eliminate detail and certain CHANNEL CALIBRATION DOC M.3) relocate the detail to a licensee- Surveillance Requirements (SRs) are (14) Ensure only one control room air controlled document. Typically, this being changed from 18 months in the conditioning (CRAC) train is in involves details of system design and CTS to either 31 days or 184 days in the operation and change the temperature function, or procedural detail on ITS. (ITS 3.3.1, DOC M.16; ITS 3.3.2, limit from 95 °F to 85 °F during the 12- methods of conducting a surveillance DOC M.10; ITS 3.3.5, DOC M.2) hour surveillance, and add a specific requirement (SR). These changes are (2) Changing certain ALLOWABLE requirement to verify that each CRAC supported, in aggregate, by a single VALUES as a result of extending the train can maintain control room air generic no significant hazard CHANNEL CALIBRATION surveillance temperature < 85 °F every 31 days, and consideration. The generic type of frequency from 18 months to 24 months. add requirements to verify control room removed detail change is identified in (ITS 3.3.1, DOC M.17; ITS 3.3.1, DOC air temperature. (ITS 3.7.11, DOC M.2) italics at the beginning of the DOC. L.19; ITS 3.3.2, DOC M.11; ITS 3.3.2, (15) Add the requirement that the Less restrictive changes are those DOC L.22 required fuel handling area exhaust where CTS requirements are relaxed or (3) Certain surveillance frequencies ventilation (FHAEV) train must be in eliminated, or new plant operational are being changed from 7 days, 31 days, operation, add an ACTION to take if the flexibility is provided. The more or 92 days to 184 days. (ITS 3.3.1, DOC required FHAEV train is not in significant ‘‘less restrictive’’ L.18; ITS 3.3.2, DOC L.19; ITS 3.3.5, operation, add a new surveillance

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requirement to periodically verify the Functions, but does not include a proceeding must file a written request required FHAEV train is in operation, CHANNEL CALIBRATION requirement. for a hearing and a petition for leave to and delete a surveillance requirement to ITS SR 3.3.1.13 has been added which intervene. Requests for a hearing and a verify the train automatically directs its requires a CHANNEL CALIBRATION of petition for leave to intervene shall be exhaust flow through the charcoal these channels every 24 months. (Table filed in accordance with the adsorber banks on an actuation signal. 3.3.1–1 Functions 16.a and 16.b). (ITS Commission’s ‘‘Rules of Practice for (ITS 3.7.13, DOC M.1) 3.3.1, DOC M.14) Domestic Licensing Proceedings’’ in 10 (16) Reduce the steady-state voltage (25) The CTS is being changed by CFR Part 2. Interested persons should range from 4160 ± 420 V to 4160 +240 adding the explicit Automatic Actuation consult a current copy of 10 CFR 2.309, V, ¥250 V, and the steady-state Logic and Actuation Relays SRs for ITS which is available at the Commission’s frequency range from 60 ± 1.2 Hz to 60 Function 5.a, Turbine Trip and Public Document Room (PDR), located + 1.2 Hz, ¥0.6 Hz. (ITS 3.8.1, DOC M.5) Feedwater Isolation. The frequency at One White Flint North, Public File (17) Delete the requirement to perform proposed for the slave relay (24 months) Area 01F21, 11555 Rockville Pike (First the surveillance requirement in is consistent with the frequency Floor), Rockville, Maryland. Publicly accordance with the Diesel Generator proposed for the simulated actuation available records will be accessible from (DG) Test Schedule Table, and change tests. (ITS 3.3.2, DOC M.2) the Agencywide Documents Access and the nominal test frequency to 92 days. (26) The proposed test frequencies are Management System’s (ADAMS) Public (ITS 3.8.1, DOC L.19) based on consistency with either other Electronic Reading Room on the Internet (18) Deletes requirements in CTS SR functions or with simulated actuation at the NRC Web site, [E T=’03’]http:// 4.8.1.1.2.e.10 on testing the DG. (ITS tests. (ITS 3.3.2, DOC M.3) www.nrc.gov/reading-rm/doc- 3.8.1, DOC L.20) (27) Licensee is applying WCAP– collections/cfr/.[/E] If a request for a (19) Changes the time to perform 10271 to the Containment Air hearing or petition for leave to intervene surveillance requirement checks from 8 Recirculation Fan Actuation logic, and is filed by the above date, the hours or 24 hours, to 12 hours. (ITS Containment Pressure—High Functions. Commission or a presiding officer 3.8.1, DOC L.21) (ITS 3.3.2, DOC L.5) designated by the Commission or by the (20) Certain CTS SRs are not required (28) Licensee applying WCAP–10271, Chief Administrative Judge of the in the ITS. (ITS 3.8.2, DOC L.6) WCAP–15376 and WCAP–14333 for the Atomic Safety and Licensing Board (21) Extend the surveillance required actions, completion times, and Panel, will rule on the request and/or frequency for various surveillance surveillance test intervals for the petition; and the Secretary or the Chief requirements to 24 months, consistent functions listed in DOC L.5 and L.17. Administrative Judge of the Atomic with the guidelines provided in NRC (ITS 3.3.2, DOC L.5 and L.17) Safety and Licensing Board will issue a Generic Letter 91–04. (ITS 3.1.4, DOC (29) Deviation from STS for the P–12 notice of a hearing or an appropriate L.9; ITS 3.3.1, DOCs L.1, L.2, L.3 and interlock action to place in ‘‘trip’’ order. L.11; ITS 3.3.2, DOCs L.1, L.2, L.4 and instead of ‘‘place in the required state.’’ As required by 10 CFR 2.309, a L.13; ITS 3.3.3, DOC L.6; ITS 3.3.4, DOC (ITS 3.3.2, JFD 23) petition for leave to intervene shall set L.1; ITS 3.3.6, DOCs L.5 and L.6; ITS (30) Eliminate requirements for forth with particularity the interest of 3.3.7, DOC L.2; ITS 3.3.8, DOC L.3; ITS residual heat removal trip bypass when the petitioner/requestor in the 3.4.1, DOC L.2; ITS 3.4.9, DOC L.1; ITS the refueling water storage tank level proceeding, and how that interest may 3.4.11, DOC L.3; ITS 3.4.12, DOC L.3; instrumentation becomes inoperable. be affected by the results of the ITS 3.4.14, DOC L.4; ITS 3.4.15, DOC (ITS 3.3.3, DOC L.4) proceeding. The petition should L.6; ITS 3.5.2, DOC L.3; ITS 3.6.3, DOC (31) Relax the CTS surveillance specifically explain the reasons why L.5; ITS 3.6.6, DOC L.1; ITS 3.6.7, DOC frequency for the hydrogen analyzer by intervention should be permitted with L.1; ITS 3.6.8, DOC L.3; ITS 3.6.9, DOC deleting the requirement to test on a particular reference to the following L.2; ITS 3.6.13, DOC L.1; ITS 3.7.5, DOC STAGGERED TEST BASIS. (ITS 3.3.3, general requirements: (1) The name, L.8; ITS 3.7.7, DOC L.2; ITS 3.7.8, DOC DOC L.13) address and telephone number of the L.2; ITS 3.7.10, DOC L.2; ITS 3.7.12, L.2; (32) Adopt the STS repair allowed requestor or petitioner; (2) the nature of ITS 3.7.13, DOC L.4; ITS 3.8.1, DOC L.3; outage time of 6 hours before the the requestor’s/petitioner’s right under ITS 3.8.4, DOC L.2; and ITS 5.5, DOCs channel must be placed in trip. (ITS the Act to be made a party to the L.1 and L.3) 3.3.5, DOC L.2) proceeding; (3) the nature and extent of (22) The surveillance frequency is (33) Add a setpoint methodology the requestor’s/petitioner’s property, changed from prior to reactor startup if citation to the ITS Bases. (ITS 3.3.5, financial, or other interest in the not performed within the previous 7 Bases Insert 4—Reference 4) proceeding; and (4) the possible effect of days to 24 months. (ITS 3.3.1, DOC (34) Revise the wording in Required any decision or order which may be L.12) Action A.1 of ITS 3.5.5. (ITS 3.5.5, JFD entered in the proceeding on the (23) CTS Table 4.3–1 requires a 4) requestor’s/petitioner’s interest. The CHANNEL CALIBRATION of Before issuance of the proposed petition must also identify the specific Functional Units 7 and 8, the license amendments, the Commission contentions which the petitioner/ Overtemperature delta T and Overpower will have made findings required by the requestor seeks to have litigated at the delta T channels, respectfully. The ITS Atomic Energy Act of 1954, as amended proceeding. specifies the normalization of the delta (the Act) and the commission’s Each contention must consist of a T channels is not required to be regulations. specific statement of the issue of law or performed until 72 hours after Thermal Within 60 days after the date of fact to be raised or controverted. In Power is greater than or equal to 98 publication of this notice, the licensee addition, the petitioner/requestor shall percent rated thermal power. (ITS 3.3.1, may file a request for a hearing with provide a brief explanation of the bases DOC M.10) respect to issuance of the amendment to for the contention and a concise (24) CTS Table 4.3–1 Functional Units the subject facility operating license and statement of the alleged facts or expert 18.A and 18.B specify the SRs for the any person whose interest may be opinion which support the contention Turbine Trip—Low Fluid Oil Pressure affected by this proceeding and who and on which the petitioner intends to and Turbine Stop Valve Closure wishes to participate as a party in the rely in proving the contention at the

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hearing. The petitioner must also Drive, Buchanan, MI 49107, attorney for the Exchange filed Amendment No. 2 to provide references to those specific the licensee. the proposed rule change.4 The sources and documents of which the For further details with respect to this Commission is publishing this notice to petitioner is aware and on which the action, see the licensee’s application for solicit comments on the proposed rule petitioner intends to rely to establish amendment dated April 6, 2004, and the change, as amended, from interested those facts or expert opinion. The Cook ITS Conversion Web page (as persons. petition must include sufficient discussed above). Documents may be information to show that a genuine examined, and/or copied for a fee at the I. Self-Regulatory Organization’s dispute exists with the applicant on a Commission’s PDR, located at One Statement of the Terms of Substance of material issue of law or fact. White Flint North, Public File Area O1 the Proposed Rule Change Contentions shall be limited to matters F21, 11555 Rockville Pike (First Floor), The Exchange proposes to amend within the scope of the amendment Rockville, Maryland. Publicly available CHX Article XX, Rule 37, which under consideration. The contention records will be accessible electronically governs, among other things, ‘‘out-of- must be one which, if proven, would from the Agencywide Documents range’’ executions. The text of the entitle the petitioner/requestor to relief. Access and Management System’s proposed rule change, as amended, A petitioner/requestor who fails to (ADAMS) Public Electronic Reading appears below. Additions appear in satisfy these requirements with respect Room on the Internet at the NRC Web italics; deletions are in [brackets]. to at least one contention will not be site, http://www.nrc.gov/reading-rm/ * * * * * permitted to participate as a party. adams.html. Persons who do not have Those permitted to intervene become access to ADAMS or who encounter Chicago Stock Exchange Rules parties to the proceeding, subject to any problems in accessing the documents ARTICLE XX limitations in the order granting leave to located in ADAMS, should contact the intervene, and have the opportunity to NRC PDR Reference staff by telephone Guaranteed Execution System and participate fully in the conduct of the at 1–800–397–4209, (301) 415–4737, or Midwest Automated Execution System hearing. by e-mail to [email protected]. RULE 37. (a)Guaranteed Executions. Nontimely requests and/or petitions For the Nuclear Regulatory Commission. * * * * * and contentions will not be entertained Dated at Rockville, Maryland, this 23rd day [6. Executions Outside of Range. absent a determination by the of September, 2004. Since executions are guaranteed on the Commission or the presiding officer of Jack Donohew, basis of the size and price of the best bid the Atomic Safety and Licensing Board Senior Project Manager, Section 2, Project or offering, the order may be executed that the petition, request and/or the Directorate IV, Division of Licensing Project out of the primary market range for the contentions should be granted based on Management, Office of Nuclear Reactor day but in a Dual Trading System issue a balancing of the factors specified in 10 Regulation. a stop must be granted if requested.] CFR 2.309(a)(1)(i)–(viii). [FR Doc. 04–21765 Filed 9–28–04; 8:45 am] [7.]6. No change to text. A request for a hearing or a petition BILLING CODE 7590–01–P for leave to intervene must be filed by: * * * * * (1) First class mail addressed to the (b) Automated Executions. Office of the Secretary of the * * * * * Commission, U.S. Nuclear Regulatory SECURITIES AND EXCHANGE (9) [All market orders received Commission, Washington, DC 20555– COMMISSION through the MAX System that would 0001, Attention: Rulemaking and [Release No. 34–50417; File No. SR–CHX– result in an out of range execution shall Adjudications Staff; (2) courier, express 2003–07] be deemed to be received with a request mail, and expedited delivery services: to STOP. Additionally, specialists may Office of the Secretary, Sixteenth Floor, Self-Regulatory Organizations; Notice stop limit orders that are marketable One White Flint North, 11555 Rockville of Filing of a Proposed Rule Change when entered into the MAX System. Pike, Rockville, Maryland, 20852, and Amendments No. 1 and 2 Thereto Subject to Interpretations and Policies Attention: Rulemaking and by the Chicago Stock Exchange, .03 under this Rule 37, a specialist may Adjudications Staff; (3) e-mail Incorporated Relating to Out-of-Range execute a stopped order out of the addressed to the Office of the Secretary, Execution Rules primary market range, at no worse than the stopped price, provided the U.S. Nuclear Regulatory Commission, September 21, 2004. specialist receives approval to do so [email protected]; or (4) Pursuant to Section 19(b)(1) of the from two floor officials.] facsimile transmission addressed to the Securities Exchange Act of 1934 Office of the Secretary, U.S. Nuclear (‘‘Act’’),1 and Rule 19b–4 thereunder,2 * * * * * Regulatory Commission, Washington, notice is hereby given that on March 20, (d) SuperMAX 2000. DC, Attention: Rulemakings and 2003, the Chicago Stock Exchange, SuperMAX 2000 shall be a voluntary Adjudications Staff at (301) 415–1101, Incorporated (‘‘CHX’’ or ‘‘Exchange’’) automatic execution program within the verification number is (301) 415–1966. filed with the Securities and Exchange MAX System. SuperMAX 2000 shall be A copy of the request for hearing and Commission (‘‘Commission’’) the available for any security trading on the petition for leave to intervene should proposed rule change as described in also be sent to the Office of the General Items I, II, and III below, which Items Nancy J. Sanow, Assistant Director, Division of Counsel, U.S. Nuclear Regulatory Market Regulation (‘‘Division’’), Commission, dated have been prepared by the Exchange. Commission, Washington, DC 20555– March 10, 2004 (‘‘Amendment No. 1’’). Amendment On March 10, 2004, the Exchange filed No. 1 clarified the purpose and effects of the 0001, and it is requested that copies be Amendment No. 1 to the proposed rule proposal. transmitted either by means of facsimile 4 change,3 and on September 15, 2004, See letter from Kathleen M. Boege, Vice transmission to (301) 415–3725 or by e- President & Associate General Counsel, CHX, to mail to [email protected]. A copy Nancy J. Sanow, Assistant Director, Division, 1 15 U.S.C. 78s(b)(1). Commission, dated September 13, 2004 of the request for hearing and petition 2 17 CFR 240.19b–4. (‘‘Amendment No. 2’’). Amendment No. 2 replaced for leave to intervene should also be 3 See letter from Kathleen M. Boege, Vice the original proposal and Amendment No. 1 in their sent David W. Jenkins, Esq., 500 Circle President & Associate General Counsel, CHX, to entirety.

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Exchange in decimal price increments. result in an out-of-range execution.5 For Once the out-of-range functionality is A specialist may choose to enable this example, Exchange rules require that eliminated from the Exchange’s systems, voluntary program within the MAX market orders received through MAX, an order that is eligible for automatic System on an issue-by-issue basis. the Exchange’s automated routing and execution will be automatically * * * * * execution system that would result in executed by the Exchange’s MAX [(5) Out of Range. Notwithstanding an out-of-range execution are deemed system, even if it will constitute an out- received with a request to stop.6 Under anything herein to the contrary, of-range execution. existing rules, a specialist may execute SuperMAX 2000 will not automatically a stopped order out of the primary 2. Statutory Basis execute an order if such execution market range only with the approval of The CHX believes that the proposed would result in an out of range two floor officials. rule change, as amended, is consistent execution.] This out-of-range rule likely was put with Section 6(b) of the Act,9 in general, * * * * * in place at the request of customers, or and furthers the objectives of Section . . . Interpretations and Policies as a marketing tool to attract new 6(b)(5) of the Act,10 in particular, in that customers, when trading occurred in it is designed to promote just and .01 No change to text. much larger minimum variations and equitable principles of trade, to remove .02 No change to text. when trading on regional exchanges was impediments to and perfect the .03 Reserved for future use. [With regard somewhat less common. Today, trading mechanism of a free and open market to paragraph 6 of paragraph (a) of this on regional exchanges is not a new and a national market system, and, in Rule, in the case of a minimum phenomenon. Moreover, trading on all general, to protect investors and the variation market, a stopped sell order markets now occurs in a decimal trading public interest. will not be filled until a transaction environment, where an out-of-range execution based on the national best bid B. Self-Regulatory Organization’s takes place at the bid price or lower on Statement of Burden on Competition the primary exchange or the Exchange’s or offer is more readily seen by displayed share volume at the offering customers as accurately and The Exchange believes that no burden has been exhausted. A stopped buy appropriately reflecting the current will be placed on competition as a result order will not be filled until a market for the security. In addition, the of the proposed rule change. existing rule can have the unintended— transaction takes place at the offering C. Self-Regulatory Organization’s and in today’s sometimes fast-paced price or higher on the primary exchange Statement on Comments Regarding the trading environment—inappropriate or the Exchange’s displayed share Proposed Rule Change Received From result of delaying order executions volume at the bid has been exhausted. Members, Participants or Others Notwithstanding the foregoing, all when the specialist has stopped the orders stopped pursuant to this order waiting for an opportunity to fill No written comments were either Interpretation and Policy .03 shall be it within the primary market range.7 For solicited or received. executed by the end of the trading day all of these reasons, the Exchange III. Date of Effectiveness of the on which such order was stopped at no believes that it is no longer necessary to Proposed Rule Change and Timing for worse than the stopped price.] require that its specialists only fill Commission Action orders within the primary market range * * * * * for the day. Within 35 days of the date of II. Self-Regulatory Organization’s The proposed rule text would publication of this notice in the Federal Statement of the Purpose of, and eliminate all references to specific Register or within such longer period (i) Statutory Basis for, the Proposed Rule order-handling responsibilities with as the Commission may designate up to Change respect to out-of-range executions.8 90 days of such date if its finds such longer period to be appropriate and In its filing with the Commission, the 5 An ‘‘out-of-range’’ execution is an execution that publishes its reasons for so finding or CHX included statements concerning would create a new high or new low for the day (ii) as to which the Exchange consents, the purpose of and basis for the when compared to the primary market range. the Commission will: 6 proposed rule change, and discussed See CHX Article XX, Rule 37(b)(9). A. By order approve such proposed any comments it received regarding the 7 Inadvertent violations of the current rule also require specialists to correct improper executions, rule change, or proposal. The text of these statements which can be an inconvenience to the Exchange’s B. Institute proceedings to determine may be examined at the places specified order-sending firms who must send additional whether the proposed rule change in Item IV below. The CHX has prepared execution confirmations to their customers. should be disapproved. summaries, set forth in Sections A, B, 8 Deletion of the out-of-range provisions relating to the stopping of otherwise out-of-range orders IV. Solicitation of Comments and C below, of the most significant may impact CHX Article XX, Rule 28, which deals aspects of such statements. with a CHX specialist’s liability for stopped orders. Interested persons are invited to The Exchange, based on discussions with the A. Self-Regulatory Organization’s submit written data, views and Commission, agrees that it is appropriate to clarify arguments concerning the foregoing, Statement of the Purpose of, and whether the practice of stopping stock should be Statutory Basis for, the Proposed Rule permitted on the Exchange. If the Exchange’s including whether the proposed rule Change management, member committees and Board of change, as amended, is consistent with Governors determines that this practice should be the Act. Comments may be submitted by 1. Purpose prohibited, the Exchange will effect such a rule any of the following methods: change, including deletion of CHX Article XX, Rule The Exchange proposes to amend 28, by means of a separate submission to the Electronic Comments CHX Article XX, Rule 37, which Commission. If the Exchange determines that it remains appropriate for CHX specialists to stop • Use the Commission’s Internet governs, among other things, ‘‘out-of- stock in certain limited circumstances, then the comment form (http://www.sec.gov/ range’’ executions. The Exchange’s rules Exchange will submit a rule change to the rules/sro.shtml); or currently impose specific order Commission that would specifically define the circumstances under which stock may be stopped handling requirements on specialists on the CHX, and specifically outlining appropriate 9 15 U.S.C. 78f(b). when the execution of an order would CHX specialist conduct under such circumstances. 10 15 U.S.C. 78f(b)(5).

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• Send e-mail to rule- SECURITIES AND EXCHANGE securities exchange 5 and, in particular, [email protected]. Please include File COMMISSION the requirements of section 6(b) of the No. SR–CHX–2003–07 on the subject Act 6 and the rules and regulations [Release No. 34–50430; File No. SR–PCX– line. 2004–78] thereunder. The Commission finds that the proposed rule change is consistent Paper Comments 7 Self-Regulatory Organizations; Pacific with section 6(b)(5) of the Act, which • Send paper comments in triplicate Exchange, Inc.; Order Approving a requires that the rules of an exchange be designed to prevent fraudulent and to Jonathan G. Katz, Secretary, Proposed Rule Change Relating to manipulative acts and practices, to Securities and Exchange Commission, Priority and Order Allocation promote just and equitable principles of 450 Fifth Street, NW., Washington, DC Procedures for PCX Plus trade, to remove impediments to and 20549–0609. September 23, 2004. perfect the mechanism of a free and All submissions should refer to File On August 10, 2004, the Pacific open market and a national market No. SR–CHX–2003–07. This file number Exchange, Inc. (‘‘PCX’’) filed with the system, and, in general, to protect should be included on the subject line Securities and Exchange Commission investors and the public interest. if e-mail is used. To help the (‘‘Commission’’), pursuant to section Specifically, the Commission finds Commission process and review your 19(b)(1) of the Securities Exchange Act that, in eliminating restrictions which comments more efficiently, please use of 1934 (‘‘Act’’) 1 and Rule 19b–4 prevent Firm and Non-OTP Market only one method. The Commission will thereunder,2 a proposed rule change to Maker orders from immediately post all comments on the Commission’s amend PCX Rule 6.76 (Priority and executing, the proposed rule changes Internet Web site (http://www.sec.gov/ Allocation Procedures of PCX Plus) to should provide greater efficiencies in rules/sro.shtml). Copies of the eliminate the requirement that inbound the marketplace. In particular, the submission, all subsequent marketable Broker Dealer orders route to Commission believes that allowing PCX amendments, all written statements Floor Broker Hand Held Terminals in Market Makers to immediately execute with respect to the proposed rule some trading scenarios in lieu of against the Consolidated Book by receiving immediate electronic eliminating the Electronic Book change that are filed with the executions and to eliminate Electronic Execution rules of PCX Rule 6.76.(b)(4) Commission, and all written Book Execution pursuant to PCX Rule should improve the speed of executions communications relating to the 6.76(b)(4). The proposed rule change at the PCX. proposed rule change between the was published for comment in the It is therefore ordered, pursuant to Commission and any person, other than Federal Register on August 19, 2004.3 section 19(b)(2) of the Act,8 that the those that may be withheld from the The Commission received no comments proposed rule change (File No. SR– public in accordance with the on the proposal. PCX–2004–78) be, and hereby is, provisions of 5 U.S.C. 552, will be The Exchange proposes to amend PCX approved. available for inspection and copying in Rule 6.76 to allow Firm and Non-OTP For the Commission, by the Division of the Commission’s Public Reference Holder Market Maker 4 orders to Market Regulation, pursuant to delegated Room, 450 Fifth Street, NW., immediately execute on PCX Plus. The authority.9 Washington, DC 20549–0609. Copies of PCX also proposes to remove the Margaret H. McFarland, such filing will also be available for restrictions on an order entered by a Deputy Secretary. inspection and copying at the principal Firm or Non-OTP Holder or OTP Firm [FR Doc. 04–21838 Filed 9–28–04; 8:45 am] Market Maker less than one minute office of the CHX. All comments BILLING CODE 8010–01–P received will be posted without change; before the inbound order. In addition, the Commission does not edit personal the Exchange proposes to eliminate the 40% participation limitation currently identifying information from DEPARTMENT OF STATE submissions. You should submit only placed on a Firm, Non-OTP Holder or information that you wish to make OTP Firm Market Maker for an inbound [Public Notice 4844] order that is not entirely filled. Finally, available publicly. All submissions Culturally Significant Objects Imported should refer to File No. SR–CHX–2003– the PCX proposes to eliminate the Electronic Book Execution rules set for Exhibition Determinations: ‘‘Comic 07 and should be submitted on or before Grotesque: Wit and Mockery in October 20, 2004. forth in PCX Rule 6.76(b)(4) that prevent PCX Market Makers from immediately German Art, 1870–1940’’ For the Commission, by the Division of executing orders against the SUMMARY: Notice is hereby given of the Market Regulation, pursuant to delegated Consolidated Book. following determinations: Pursuant to authority.11 After careful review, the Commission the authority vested in me by the Act of Margaret H. McFarland, finds that the proposed rule change is October 19, 1965 (79 Stat. 985; 22 U.S.C. Deputy Secretary. consistent with the requirements of the 2459), Executive Order 12047 of March [FR Doc. 04–21839 Filed 9–28–04; 8:45 am] Act and the rules and regulations 27, 1978, the Foreign Affairs Reform and BILLING CODE 8010–01–P thereunder applicable to a national Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et 1 15 U.S.C. 78s(b)(1). seq.), Delegation of Authority No. 234 of 2 17 CFR 240.19b–4. 3 See Securities Exchange Act Release No. 50191 5 (August 13, 2004), 69 FR 51504. In approving this proposed rule change, the Commission notes that it has considered the 4 The term ‘‘Non-OTP Holder Market Maker’’ proposed rule’s impact on efficiency, competition, includes, but is not limited to, specialists, and capital formation. 15 U.S.C. 78c(f). designated primary market makers, lead market 6 makers, market makers, registered options traders, 15 U.S.C. 78f(b). primary market makers and competitive market 7 15 U.S.C. 78f(b)(5). makers registered on an exchange other than the 8 15 U.S.C. 78s(b)(2). 11 17 CFR 200.30–3(a)(12). PCX. See PCX Rule 6.1(b)(35). 9 17 CFR 200.30–3(a)(12).

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October 1, 1999, Delegation of Authority pursuant to a loan agreement with the promptly punishing those members of No. 236 of October 19, 1999, as foreign owner. I also determine that the the Colombian Armed Forces found to amended, and Delegation of Authority exhibition or display of the exhibit have committed such violations of No. 257 of April 15, 2003 [68 FR 19875], objects at the High Museum of Art, human rights or to have aided or abetted I hereby determine that the objects to be Atlanta, GA from on or about October 9, paramilitary organizations; (C) the included in the exhibition ‘‘Comic 2004 to on or about January 23, 2005, Colombian Armed Forces have made Grotesque: Wit and Mockery in German and at possible additional venues yet to substantial progress in cooperating with Art, 1870–1940’’ imported from abroad be determined, is in the national civilian prosecutors and judicial for temporary exhibition within the interest. Public Notice of these authorities in such cases (including United States, are of cultural determinations is ordered to be providing requested information, such significance. The objects are imported published in the Federal Register. as the identity of persons suspended pursuant to loan agreements with the FOR FURTHER INFORMATION CONTACT: For from the Armed Forces and the nature foreign owners. I also determine that the further information, including a list of and cause of the suspension, and access exhibition or display of the exhibit the exhibit objects, contact Carol B. to witnesses, relevant military objects at the Neue Galerie New York, Epstein, Attorney-Adviser, Office of the documents, and other requested New York, New York, from on or about Legal Adviser, Department of State, information); (D) the Colombian Armed October 15, 2004 to on or about (telephone: 202/619–6981). The address Forces have made substantial progress February 14, 2005, and at possible is Department of State, SA–44, 301 4th in severing links (including denying additional venues yet to be determined, Street, SW., Room 700, Washington, DC access to military intelligence, vehicles, is in the national interest. Public Notice 20547–0001. and other equipment or supplies, and of these Determinations is ordered to be Dated: September 22, 2004. ceasing other forms of active or tacit published in the Federal Register. cooperation) at the command, battalion, C. Miller Crouch, FOR FURTHER INFORMATION CONTACT: For and brigade level, with paramilitary Principal Deputy Assistant Secretary for organizations, especially in regions further information, including a list of Educational and Cultural Affairs, Department the exhibit objects, contact Wolodymyr of State. where these organizations have a significant presence; (E) the Colombian R. Sulzynsky, the Office of the Legal [FR Doc. 04–21794 Filed 9–28–04; 8:45 am] Adviser, Department of State Armed Forces are dismantling BILLING CODE 4710–08–P (telephone: (202) 619–5078). The paramilitary leadership and financial address is: 301 4th Street, SW., (SA–44), networks by arresting commanders and Room 700, Washington, DC 20547– DEPARTMENT OF STATE financial backers, especially in regions 0001. where these networks have a significant [Public Notice 4842] Dated: September 22, 2004. presence. The Department of State has C. Miller Crouch, Determination Related to Colombian consulted with internationally Principal Deputy Assistant Secretary for Armed Forces Under Section 563 of recognized human rights organizations Educational and Cultural Affairs, Department Foreign Operations, Export Financing, regarding the Colombian Armed Forces’ of State. and Related Programs Appropriations progress in meeting the conditions [FR Doc. 04–21793 Filed 9–28–04; 8:45 am] Act, Division D, Consolidated contained in section 563(a)(2), as BILLING CODE 4710–08–P Appropriations Act, 2004, (Pub. L. 108– required in section 563(c). 199) This Determination shall be published in the Federal Register and copies shall DEPARTMENT OF STATE Pursuant to the authority vested in me as Secretary of State, including under be transmitted to the appropriate [Public Notice 4843] section 563 of the Foreign Operations, committees of Congress. Culturally Significant Objects Imported Export Financing, and Related Programs Colin L. Powell, for Exhibition Determinations: ‘‘A Appropriations Act, Division D, Secretary of State, Department of State. Consolidated Appropriations Act, 2004, Feast of Color: Selections From the [FR Doc. 04–21795 Filed 9–28–04; 8:45 am] (Pub. L. 108–199), I hereby determine Noro Foundation’’ BILLING CODE 4710–29–P and certify, in accordance with the SUMMARY: Notice is hereby given of the conditions contained in section following determinations: Pursuant to 563(a)(2), that: (A) The Commander DEPARTMENT OF STATE the authority vested in me by the Act of General of the Colombian Armed Forces October 19, 1965 (79 Stat. 985; 22 U.S.C. is suspending from the Armed Forces [Public Notice 4817] 2459), Executive Order 12047 of March those members, of whatever rank who, Defense Trade Advisory Group; Notice 27, 1978, the Foreign Affairs Reform and according to the Minister of Defense or of Open Meeting Restructuring Act of 1998 (112 Stat. the Procuraduria General de la Nacion, 2681, et seq.; 22 U.S.C. 6501 note, et have been credibly alleged to have AGENCY: Department of State. seq.), Delegation of Authority No. 234 of committed gross violations of human ACTION: Notice. October 1, 1999, and Delegation of rights, including extra-judicial killings, Authority No. 236 of October 19, 1999, or to have aided or abetted paramilitary The Defense Trade Advisory Group as amended, and Delegation of organizations; (B) the Colombian (DTAG) will meet in open session from Authority No. 257 of April 15, 2003 [68 Government is vigorously investigating 9 a.m. to 12 noon on Thursday, October FR 19875], I hereby determine that the and prosecuting those members of the 21, 2004, in Room 1912 at the U.S. objects to be included in the exhibition Colombian Armed Forces, of whatever Department of State, Harry S. Truman ‘‘A Feast of Color: Selections from the rank, who have been credibly alleged to Building, Washington, DC. Entry and Noro Foundation,’’ imported from have committed gross violations of registration will begin at 8:15. Please abroad for temporary exhibition within human rights, including extra-judicial use the building entrance located at the United States, are of cultural killings, or to have aided or abetted 23rd Street, NW., Washington, DC, significance. The objects are imported paramilitary organizations, and is between C&D streets. The membership

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of this advisory committee consists of DEPARTMENT OF STATE successor, sub-unit, or subsidiary private sector defense trade specialists, thereof; appointed by the Assistant Secretary of Bureau of Nonproliferation Belarus Belvneshpromservice State for Political-Military Affairs, who [Public Notice 4845] (Belarus) and any successor, sub-unit, or advise the Department on policies, subsidiary thereof; regulations, and technical issues Imposition of Nonproliferation Changgwang Sinyong Corporation affecting defense trade. The purpose of Measures Against Fourteen Foreign (North Korea) and any successor, sub- the meeting will be to review progress Entities, Including Ban on U.S. unit, or subsidiary thereof; China Great Wall Industry of the working groups and to discuss Government Procurement Corporation (China) and any successor, current defense trade issues and topics AGENCY: Department of State. sub-unit, or subsidiary thereof; for further study. ACTION: Notice. China North Industries Corporation Although public seating will be (NORINCO) (China) and any successor, limited due to the size of the conference SUMMARY: A determination has been sub-unit, or subsidiary thereof; room, members of the public may attend made that fourteen entities have Dr. C. Surendar (India); this open session as seating capacity engaged in activities that require the Dr. Y.S.R. Prasad (India); allows, and will be permitted to imposition of measures pursuant to Khazra Trading (Russia) and any participate in the discussion in Section 3 of the Iran Nonproliferation successor, sub-unit, or subsidiary accordance with the Chairman’s Act of 2000, which provides for thereof; instructions. Members of the public penalties on entities for the transfer to LIMMT Economic and Trade may, if they wish, submit a brief Iran since January 1, 1999, of equipment Company, Ltd. (China) and any successor, sub-unit, or subsidiary statement to the committee in writing. and technology controlled under multilateral export control lists (Missile thereof; As access to the Department of State Technology Control Regime, Australia Oriental Scientific Instruments facilities is controlled, persons wishing Group, Chemical Weapons Convention, Corporation (OSIC) (China) and any to attend the meeting must notify the Nuclear Suppliers Group, Wassenaar successor, sub-unit, or subsidiary DTAG Executive Secretariat by COB Arrangement) or otherwise having the thereof; Wednesday, October 13, 2004. If potential to make a material South Industries Science and notified after this date, the DTAG contribution to the development of Technology Trading Co., Ltd. (China) Secretariat cannot guarantee that State’s weapons of mass destruction (WMD) or and any successor, sub-unit, or Bureau of Diplomatic Security can cruise or ballistic missile systems. The subsidiary thereof; complete the necessary processing latter category includes: (a) Items of the Telstar (Spain) and any successor, required to attend the October 21 same kind as those on multilateral lists, sub-unit, or subsidiary thereof; plenary. but falling below the control list Zaporizhzhya Regional Foreign Economic Association (Ukraine) and Each non-member observer or DTAG parameters, when it is determined that such items have the potential of making any successor, sub-unit, or subsidiary member needing building access that thereof. wishes to attend this plenary session a material contribution to WMD or cruise or ballistic missile systems, (b) Accordingly, pursuant to the should provide his/her name, company provisions of the Act, the following or organizational affiliation, phone other items with the potential of making such a material contribution, when measures are imposed on these entities: number, date of birth, social security (1) No department or agency of the added through case-by-case decisions, number, and citizenship to the DTAG United States Government may procure, and (c) items on U.S. national control Secretariat, contact person Mary or enter into any contract for the lists for WMD/missile reasons that are Sweeney via e-mail at procurement of, any goods, technology, not on multilateral lists. [email protected]. DTAG members or services from these foreign persons; EFFECTIVE DATE: planning to attend the plenary session September 23, 2004. (2) No department or agency of the should notify the DTAG Secretariat, FOR FURTHER INFORMATION CONTACT: On United States Government may provide contact person Mary Sweeney via e-mail general issues: Vann H. Van Diepen, any assistance to the foreign persons, at [email protected]. A list will be Office of Chemical, Biological and and these persons shall not be eligible made up for Diplomatic Security and Missile Nonproliferation, Bureau of to participate in any assistance program the Reception Desk at the 23rd Street Nonproliferation, Department of State of the United States Government; Entrance. Attendees must present a (202–647–1142). On U.S. Government (3) No United States Government driver’s license with photo, a passport, procurement ban issues: Gladys Gines, sales to the foreign persons of any item a U.S. Government ID, or other valid Office of the Procurement Executive, on the United States Munitions List (as photo ID for entry. Department of State (703–516–1691). in effect on August 8, 1995) are SUPPLEMENTARY INFORMATION: Pursuant permitted, and all sales to these persons FOR FURTHER INFORMATION CONTACT: to Sections 2 and 3 of the Iran of any defense articles, defense services, Mary F. Sweeney, DTAG Secretariat, Nonproliferation Act of 2000 (Pub. L. or design and construction services U.S. Department of State, Office of 106–178), the U.S. Government under the Arms Export Control Act are Defense Trade Controls Management determined on September 20, 2004, that terminated; and, (PM/DTCM), Room 1200, SA–1, the measures authorized in section 3 of (4) No new individual licenses shall Washington, DC 20522–0112, (202) 663– the Act shall apply to the following be granted for the transfer to these 2865, FAX (202) 261–8199. foreign entities identified in the report foreign persons of items the export of Dated: September 24, 2004. submitted pursuant to section 2(a) of the which is controlled under the Export Act: Administration Act of 1979 or the Michael T. Dixon, Beijing Institute of Aerodynamics Export Administration Regulations, and Executive Secretary, Defense Trade Advisory (China) and any successor, sub-unit, any existing such licenses are Group, Department of State. subsidiary thereof; suspended. [FR Doc. 04–21796 Filed 9–28–04; 8:45 am] Beijing Institute of Opto-Electronic These measures shall be implemented BILLING CODE 4710–25–P Technology (BIOET) (China) and any by the responsible departments and

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agencies of the United States these collations by panels of Federal existing policy documents, and certain Government and will remain in place scientists and program managers to advisory circulars that cover specific for two years from the effective date, develop a consolidated U.S. paragraphs of the regulations, into a except to the extent that the Secretary of Government submission. Instructions on single document and adds new State or Deputy Secretary of State may how to format comments are available at guidance. This notice is necessary to subsequently determine otherwise. A http://www.climatescience.gov/Library/ advise the public of this FAA advisory new determination will be made in the ipcc/sroc-review.htm, as is the circular and give all interested persons event that circumstances change in such document itself. Comments must be sent an opportunity to present their views on a manner as to warrant a change in the to CCSPO by 2 November 2004 to be it. duration of sanctions. considered for inclusion in the U.S. DATES: Send your comments by October Dated: September 24, 2004. Government collation. 29, 2004. Susan F. Burk, TIME AND DATE: Properly formatted Discussion: We are making this Acting Assistant Secretary of State for comments should be sent to CCSPO at proposed advisory circular available to Nonproliferation, Department of State. [email protected] by the public and all manufacturers for [FR Doc. 04–21790 Filed 9–28–04; 8:45 am] COB Tuesday, 2 November 2004. their comments. Include report acronym and reviewer BILLING CODE 4710–27–P ADDRESSES: Copies of the proposed surname in e-mail subject title to advisory circular, AC 23–17B, may be facilitate processing. requested from the following: Small DEPARTMENT OF STATE FOR FURTHER INFORMATION CONTACT: Airplane Directorate, Standards Office David Dokken, U.S. Climate Change (ACE–110), Aircraft Certification [Public Notice 4840] Science Program, Suite 250, 1717 Service, Federal Aviation United States Climate Change Science Pennsylvania Ave, NW., Washington, Administration, 901 Locust Street, Program DC 20006 (http:// Room 301, Kansas City, MO 64106. The www.climatescience.gov). proposed advisory circular is also ACTION: Request expert review of the Dated: September 22, 2004. available on the Internet at the following Intergovernmental Panel on Climate Edward J. Fendley address http://www.airweb.faa.gov/AC. Send all comments on this proposed Change (IPCC) and Technology and Office Director, Acting, Office of Global Economic Assessment Panel (TEAP) Change, Bureau of Oceans and International advisory circular to the individual ‘‘Special Report on Safeguarding the Environmental and Scientific Affairs, identified under FOR FURTHER Ozone Layer and the Global Climate Department of State. INFORMATION CONTACT. System: Issues Related to [FR Doc. 04–21698 Filed 9–28–04; 8:45 am] FOR FURTHER INFORMATION CONTACT: Hydrofluorocarbons and BILLING CODE 4710–09–P Leslie B. Taylor, Federal Aviation Perfluorocarbons’’ (SROC). Administration, Small Airplane Directorate, Regulations & Policy, ACE– SUMMARY: In addition to periodic DEPARTMENT OF TRANSPORTATION 111, 901 Locust Street, Room 301, assessments of the science, impacts, and Kansas City, Missouri 64106; telephone: socio-economic aspects of climate Federal Aviation Administration (816) 329–4134; fax: 816–329–4090; e- change, the IPCC provides, on request, mail: [email protected]. [Advisory Circular Number AC 23–17B] advice to the Conference of the Parties SUPPLEMENTARY INFORMATION: to the United Nations Framework Convention on Climate Change Advisory Circular on Systems and Comments Invited (UNFCCC) and its bodies. The Eighth Equipment Guide for Certification of Part 23 Airplanes and Airships We invite your comments on this Conference of Parties to the UNFCCC proposed advisory circular. Send any and the Fourteenth Meeting of the AGENCY: Federal Aviation data or views as you may desire. Parties to the Montreal Protocol invited Administration, DOT. Identify the proposed Advisory Circular the IPCC and TEAP to prepare a special ACTION: Notice of availability; request Number AC 23–17B on your comments, report on ozone and climate by early for comments. and if you submit your comments in 2005. The report assesses scientific and writing, send two copies of your technical information relating to SUMMARY: This notice announces a comments to the above address. The decisions and policies on alternatives to Federal Aviation Administration (FAA) Small Airplane Directorate will consider ozone-depleting substances, thus proposed advisory circular that sets all communications received on or contributing to the objectives of both the forth an acceptable means, but not the before the closing date for comments. Montreal Protocol and the UNFCCC. only means of showing compliance with We may change the proposal contained The report covers chemicals in use or Title 14 Code of Federal Regulations (14 in this notice because of the comments likely to be used in the next decade. A CFR), part 23, for the certification of received. Steering Committee from IPCC Working systems and equipment in normal, Comments sent by fax or the Internet Group I and III and TEAP is overseeing utility, acrobatic, and commuter must contain ‘‘Comments to proposed the preparation of this Special Report, category airplanes and airships. The advisory circular AC 23–17B’’ in the which is being written by a team of over policy in this advisory circular is subject line. You do not need to send 100 authors under established IPCC considered applicable for airship two copies if you fax your comments or rules and procedures. projects; however, the certifying office send them through the Internet. If you The IPCC Secretariat has informed the should only use specific applicability send comments over the Internet as an U.S. Department of State that the and requirements if they are determined attached electronic file, format it in second-order SROC draft is available for to be reasonable, applicable and either Microsoft Word 97 for Windows expert and Government review. The relevant to the airship project. This or ASCII text. Climate Change Science Program Office advisory circular applies to subpart D State what specific change you are (CCSPO) is coordinating collection of from 23.671 and subpart F. This seeking to the proposed advisory U.S. expert comments and the review of advisory circular both consolidates circular and include justification (for

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example, reasons or data) for each for FAA approval which sets forth the responsibilities are not changed in any request. measures the operator has taken or way under part 150 or through FAA’s Issued in Kansas City, Missouri on proposes to take to reduce existing non- review of noise exposure maps. September 21, 2004. compatible uses and prevent the Therefore, the responsibility for the David R. Showers, introduction of additional non- detailed overlaying of noise exposure compatible uses. contours onto the map depicting Acting Manager, Small Airplane Directorate, The FAA has completed its review of Aircraft Certification Service. properties on the surface rests the noise exposure maps and [FR Doc. 04–21861 Filed 9–28–04; 8:45 am] exclusively with the airport operator accompanying documentation that submitted those maps, or with BILLING CODE 4910–13–P submitted by the Town of Addison. The those public agencies and planning documentation that constitutes the agencies with which consultation is ‘‘noise exposure maps’’ as defined in DEPARTMENT OF TRANSPORTATION required under section 47503 of the Act. section 150.7 of part 150 includes the The FAA has relied on the certification Federal Aviation Administration following from the August 2004, 14 CFR by the airport operator, under section part 150 Noise Compatibility Study 150.21 of FAR part 150, that the Noise Exposure Map Notice; Addison Update: Exhibit 1, 2002 Noise Exposure statutorily required consultation has Airport; Addison, TX Map Contour With Land Use; Exhibit 2, been accomplished. 2007 Noise Exposure Map Contour With Copies of the full noise exposure map AGENCY: Federal Aviation Land Use; Exhibit 2E, Forecast Administration, DOT. documentation and of the FAA’s Summary; Exhibit 3A, Aircraft Noise evaluation of the maps is available for ACTION: Notice. Measurement Sites and Table 3B, examination at the following locations: Measurement Results Summary; Table Federal Aviation Administration, 2601 SUMMARY: The Federal Aviation 3D, Operational Fleet Mix Projections Administration (FAA) announces its Meacham Boulevard, Fort Worth, Texas; and Table 3F, Existing Runway Use; Mark Acevedo, Director of General determination that the noise exposure Exhibits 3F–3H and 3J, Flight Tracks; maps submitted by the Town of Services, Town of Addison, 16801 Table 3G, Comparative Areas of Noise Westgrove Drive, Addison, Texas 75001. Addison for Addison Airport under the Exposure; Table 4B, Noise Sensitive Questions may be directed to the provisions of 49 U.S.C. 47501 et seq. Land Uses Exposed to 2002 Aircraft individual named above under the (Aviation Safety and Noise Abatement Noise; Table 4C, Population Exposed to heading, FOR FURTHER INFORMATION Act) and 14 CFR part 150 are in 2002 Aircraft Noise; Table 4E, Noise— CONTACT. compliance with applicable Sensitive Land Uses Exposed to 2007 requirements. Aircraft Noise; Appendix B, Issued in Forth Worth, Texas, September 22, 2004. DATES: Effective Date: The effective date Coordination, Consultation, and Public of the FAA’s determination on the noise Involvement. There are no Historic Naomi L. Saunders, exposure maps is September 22, 2004. Resources within the DNL 65 contour. Manager, Airports Division. The FAA has determined that these FOR FURTHER INFORMATION CONTACT: Paul [FR Doc. 04–21865 Filed 9–28–04; 8:45 am] Blackford, Federal Aviation noise exposure maps and accompanying BILLING CODE 4910–13–M documentation is in compliance with Administration, Airports Division, 2601 applicable requirements. This Meacham Blvd., Fort Worth, Texas determination is effective on September DEPARTMENT OF TRANSPORTATION 76137–4298, telephone (817) 222–5607. 22, 2004. SUPPLEMENTARY INFORMATION: This FAA’s determination on an airport Federal Aviation Administration notice announces that the FAA finds operator’s noise exposure maps is that the noise exposure maps submitted limited to a finding that the maps were User Input to the Aviation Weather for Addison Airport are in compliance developed in accordance with the Technology Transfer (AWTT) Board with applicable requirements of part procedures contained in appendix A of AGENCY: Federal Aviation 150, effective September 22, 2004. FAR part 150. Such determination does Administration (FAA), Department of Under 49 U.S.C. 47503 of the Aviation not constitute approval of the Transportation (DOT). Safety and Noise Abatement Act applicant’s data, information or plans, (hereinafter referred to as ‘‘the Act’’), an or a commitment to approve a noise ACTION: Notice of public meeting. airport operator may submit to the FAA compatibility program or to fund the SUMMARY: noise exposure maps which meet implementation of that program. If FAA will hold an informal applicable regulations and which depict questions arise concerning the precise public meeting to seek aviation weather non-compatible land uses of the date of relationship of specific properties to user input. Details: October 12, 2004, submission of such maps, a description noise exposure contours depicted on a Las Vegas Convention Center, 3150 of projected aircraft operations, and the noise exposure map submitted under Paradise Road, Las Vegas, Nevada ways in which such operations will section 47503 of the Act, it should be 89109; 10:30 p.m. to 3 p.m. in rooms affect such maps. The Act requires such noted that the FAA is not involved in N227/N228/N229/N230. The objective maps to be developed in consultation any way in determining the relative of this meeting is to provide an with interested and affected parties in locations of specific properties with opportunity for interested aviation the local community, government regard to the depicted noise contours, or weather users to provide input on agencies, and persons using the airport. in interpreting the noise exposure maps FAA’s plans for implementing new An airport operator who has submitted to resolve questions concerning, for weather products. noise exposure maps that are found by example, which properties should be DATES: The meeting will be held in FAA to be in compliance with the covered by the provisions of section rooms N227/N228/N229/N230 at the requirements of Federal Aviation 47506 of the Act. These functions are Las Vegas Convention Center, 3150 Regulations (FAR) part 150, inseparable from the ultimate land use Paradise Road, Las Vegas, Nevada 89109 promulgated pursuant to the Act, may control and planning responsibilities of in conjunction with the National submit a noise compatibility program local government. These local Business Aviation Association, Inc.

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(NBAA) 2004 Convention. Times: 1:30 (b) The meeting will be open to all DEPARTMENT OF TRANSPORTATION p.m.–3 p.m. on October 12, 2004. persons on a space-available basis. FOR FURTHER INFORMATION CONTACT: Debi Every effort was made to provide a Federal Aviation Administration Bacon, Weather Policy and Standards, meeting site with sufficient seating Notice of Passenger Facility Charge Federal Aviation Administration, 800 capacity for the expected participation. (PFC) Approvals and Disapprovals Independence Ave., SW., Washington, There will be neither admission fee nor DC 20591; telephone number (202) 385– other charge to attend and participate. AGENCY: Federal Aviation 7705; Fax: (202) 385–7701; e-mail: This meeting is being held in Administration (FAA), DOT. [email protected]. Internet address: conjunction with the NBAA Convention ACTION: Monthly Notice of PFC http://[email protected]. 2004. There is a charge to attend the Approvals and Disapprovals. In August SUPPLEMENTARY INFORMATION: NBAA convention; however, any person 2004, there were two applications desiring to attend this informal meeting approved. This notice also includes History will be admitted by NBAA convention information on one application, In 1999, the FAA established an officials at no charge to this meeting approved in July 2004, inadvertently left Aviation Weather Technology Transfer only. off the July 2004 notice. Additionally, (AWTT) Board to manage the orderly (c) FAA personnel will present a 11 approved amendments to previously transfer of weather capabilities and briefing on changes to the AWTT and approved applications are listed. products from research and user input process made in the last year. development into operations. The Any person will be allowed to ask SUMMARY: The FAA publishes a monthly Manager of Operations Planning Policy questions during the presentation and notice, as appropriate, of PFC approvals and Administration chairs the AWTT FAA personnel will clarify any part of and disapprovals under the provisions Board. The board is composed of that presentation that is not clear. of the Aviation Safety and Capacity stakeholders in the Air Traffic (d) FAA personnel will present a Expansion Act of 1990 (Title IX of the Organization, ATO and Regulation and briefing on the specific products to be Omnibus Budget Reconciliation Act of Certification, AVR in the Federal reviewed at the November 2004 AWTT 1990) (Pub. L. 101–508) and Part 158 of Aviation Administration and the Office Board Meeting. Any person will be the Federal Aviation Regulations (14 of Climate, Water and Weather Services, allowed to ask questions during the CFR part 158). This notice is published OS and the Office of Science and presentation and FAA personnel will pursuant to paragraph d of § 158.29. Technology, OST in the National clarify any part of the presentation that PFC Applications Approved Weather Service. is not clear. Public Agency: Columbus Regional The AWTT Board meets semi- (e) Any person present may give annually or as needed, to determine the Airport Authority, Columbus, Ohio. feedback on the product to be presented. Application Number: 04–07–C–00– readiness of weather research and Feedback on the proposed product will CMH. development (R&D) products for be captured through discussion between Application Type: Impose and use a experimental use, full operational use FAA and personnel and any persons PFC. for meteorologists or full operational use attending the meeting. The meeting will PFC Level: $4.50. for end users. The board’s not be formally recorded. Total PFC Revenue Approved in this determinations will be based upon (f) An official verbatim transcript or Decision: $77,562,914. criteria in the areas of users’ needs; minutes of the informal meeting will not Earliest Charge Effective Date: benefits; costs; risks; technical be made. However, a list of the October 1, 2004. readiness; operational readiness and attendees and a digest of discussions Estimated Charge Expiration Date: budget requirements. during the meeting will be produced. December 1, 2009. The user interface process is designed Any person attending may receive a Class of Air Carriers Not Required to to allow FAA to both report progress copy of the written information upon Collect PFC’s: Air taxi/commercial and receive feedback from industry request at the meeting. operators when enplaning revenue users. Each AWTT board meeting will (g) Every reasonable effort will be passengers in service and equipment be preceded by a half-day industry made to hear each person’s feedback reportable to FAA on FAA Form 1800– review session approximately one consistent with a reasonable closing 31. month prior to each board meeting. time for the meeting. Written feedback Determination: Approved. Based on These industry review sessions will be may also be submitted to FAA information contained in the public announced in the Federal Register and personnel for up to seven (7) days after agency’s application, the FAA has open to all interested parties. the close of the meeting. determined that the proposed class This meeting is the industry review accounts for less than 1 percent on the session intended to receive feedback on Agenda total annual enplanements at Ports weather R&D products that will be Columbus International Airport. (a) Opening remarks and discussion of presented for consideration at the Brief Description of Projects Approved meeting procedures. November 2004 AWTT Board meeting. for Collection and Use at a $3.00 PFC The products to be considered are the (b) Briefing on AWTT process. Level: Graphical Turbulence Guidance Flight (c) Briefing on weather products. Terminal and curb front signage (GTG) Flight Level 100–200 and the (d) Request for user input. improvements. Forecast Icing Product—Alaska (FIP– (e) Closing comments. Flight information display system/ AK). baggage information display system Issued in Washington, DC on September improvements/upgrade and public Meeting Procedures 27, 2004. address system improvements. (a) The meeting will be informal in Richard J. Heuwinkel, PFC program formulation and nature and will be conducted by Manager, Weather Policy and Standards. administrative. representatives of the FAA [FR Doc. 04–21863 Filed 9–28–04; 8:45 am] Snow removal equipment—runway Headquarters. BILLING CODE 4910–13–M brooms.

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Snow removal equipment—heavy Estimated Charge Expiration Date: Armstrong New Orleans International trucks. January 1, 2008. Airport. Brief Description of Projects Approved Class of Air Carriers Not Required to Brief Description of Projects Approved for Collection and Use at a $4.50 PFC Collect PFC’s: Nonscheduled/on- for Collection and Use at a $3.00 PFC Level: demand air carriers filing FAA Form Level: Concourse C—apron expansion/ 1800–31. Airport interior signage. taxiway. Determination: Approved. Based on Exterior terminal renovations—lower Concourse C—five gate expansion. information contained in the public roadway. Runway 10R hold apron relocation. agency’s application, the FAA has Gate utilization study. West extension of taxiway B. determined that the proposed class Terminal heating, ventilation, and air Runway 10R glide slope relocation. accounts for less than 1 percent of the conditioning rehabilitation, phase II. Taxiway C rehabilitation. total annual enplanements at Reno/ Terminal pedestrian access Antenna farm relocation. Tahoe International Airport. enhancements. Terminal apron rehabilitation/glycol Brief Description of Project Approved Airport master plan. collection. for Collection and Use at a $4.50 PFC Replace apron high mast lighting. Perimeter and tug roads—phase 1. Level: Checked baggage security Terminal heating ventilation, and air Runway 10R/28L rehabilitation. screening system. conditioning rehabilitation, phase III. Runway 10R/28L safety area Brief Description of Project Approved Terminal interior and exterior improvements. for Collection and Use at a $3.00 PFC improvements. Stelzer Road and other airfield safety Level: Second floor concourse restroom Transportation center expansion. fencing. expansion. East apron rehabilitation. Brief Description of Projects Approved Decision Date: August 23, 2004. Safety area improvements on taxiway for Collection and Use at a $4.50 PFC E. FOR FURTHER INFORMATION CONTACT: Level: International gate/federal inspection Joseph Rodriguez, San Francisco Concourse C checkpoint expansion. services expansion. Airports District Office, (650) 876–2805. Construct connector taxiway U. Rehabilitate east portion of Lane fixed Public Agency: New Orleans Aviation Construct holding bay—runway 19. base operator apron. Board, New Orleans, Louisiana. Federal inspection services facility. Access control system replacement. Application Number: 04–07–C–00– Transportation Security Decision Date: July 30, 2004. MSY. Administration—related terminal modifications. FOR FURTHER INFORMATION CONTACT: Application Type: Impose and use a Part 1542 security system. Jason K. Watt, Detroit Airports District PFC. Office, (734) 229–2906. PFC Level: $4.50. Residential sound insulation Public Agency: Airport Authority of Total PFC Revenue Approved in this program/land acquisition. Washoe County, Reno, Nevada. Decision: $60,199,838. Terminal apron expansion. Application Number: 04–08–C–00– Earliest Charge Effective Date: May 1, Brief Description of Withdrawn RNO. 2011. Projects: Noise mitigation flight tracking Application Type: Impose and use of Estimated Charge Expiration Date: system. PFC. March 1, 2014. Determination: This project was Total PFC Revenue Approved in this Class of Air Carriers Not Required to withdrawn by the public agency on June Decision: $25,440,000. Collect PFC’s: Nonscheduled/on- 24, 2004. Concourses A and B terminal PFC Level: $3.00. demand air carriers filing FAA Form reflooring. Earliest Charge Effective Date: 1800–31. Determination: This project was December 1, 2004. Determination: Approved. Based on withdrawn by the public agency on Estimated Charge Expiration Date: information contained in the public August 24, 2004. April 1, 2005. agency’s application, the FAA has Decision Date: August 26, 2004. PFC Level: $4.50. determined that the proposed class FOR FURTHER INFORMATION CONTACT: G. Earliest Charge Effective Date: April 1, accounts for less than 1 percent of the Thomas Wade, Southwest Region 2005. total annual enplanements at Louis Airports Division, (871) 222–5613.

AMENDMENTS TO PFC APPROVALS

Original ap- Amended ap- Original esti- Amended esti- Amendment No. City, State Amendment ap- proved net PFC proved net PFC mated charge mated charge proved date revenue revenue exp. date exp. date

97–01–C–03–ATL Atlanta, GA ...... 06/17/04 $944,143,576 $1,463,359,982 05/01/05 10/01/08 00–02–U–01–ATL Atlanta, GA ...... 06/17.04 NA NA 05/01/05 10/01/08 92–01–C–03–PSP Palm Spring, CA ...... 07/23/04 76,883,179 88,415,656 07/01/24 07/01/29 *91–01–C–05–LAS Las Vegas, NV ...... 08/16/04 1,052,934,909 1,052,934,909 09/01/14 07/01/11 93–02–C–02–LAS Las Vegas, NV ...... 08/16/04 21,496,000 21,496,000 02/01/16 02/01/16 94–03–U–01–LAS Las Vegas, NV ...... 08/16/04 NA NA 09/01/14 07/01/11 94–04–C–01–LAS Las Vegas, NV ...... 08/16/04 510,808,093 510,808,093 11/01/24 11/01/24 93–02–C–03–LAS Las Vegas, NV ...... 08/16/04 21,496,000 21,496,000 02/01/16 11/01/11 94–03–U–02–LAS Las Vegas, NV ...... 08/16/04 NA NA 02/01/16 11/01/11 *94–04–c–02–LAS Las Vegas, NV ...... 08/16.04 510,808,093 510,808,093 11/01/24 01/01/17 01–05–C–02–DFW Dallas/Ft. Worth, TX ...... 08/16/04 1,681,378,289 2,191,494,482 05/01/13 07/01/15 Note: The amendment denoted by an asterisk (*) includes a change to the PFC level charged from $3.00 per enplaned passenger to $4.50 per enplaned passenger. For Las Vegas, NV, this change is effective on November 1, 2004.

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Issued in Washington, DC on September Capacity Expansion Act of 1990 (Title ACTION: Notice. 23, 2004. IX of the Omnibus Budget JoAnn Horne, Reconciliation Act of 1990) (Pub. L. SUMMARY: The Federal Aviation Manager, Financial Analysis and Passenger 101–508) and part 158 of the Federal Administration (FAA) gives notice of Facility Charge Branch. Aviation Regulations (14 CFR part 158). the availability of draft Technical [FR Doc. 04–21867 Filed 9–28–04; 8:45 am] On August 26, 2004, the FAA Analyses Data and other documentation BILLING CODE 4910–13–M determined that the application to use being used as part of the O’Hare the revenue from a PFC submitted by Modernization Environmental Impact Allegheny County Airport Authority Statement (EIS) for Chicago O’Hare DEPARTMENT OF TRANSPORTATION was substantially complete within the International Airport, Chicago, Illinois. requirements of section 158.25 of part In support of the planning and Federal Aviation Administration 158. The FAA will approve or environmental analyses of the O’Hare disapprove the application, in whole or Modernization EIS, the FAA is using Notice of Intent To Rule on Application in part, no later than November 24, computer simulation modeling. The 04–03–U–00–PIT To Use the Revenue 2004. computer modeling includes Delay and From a Passenger Facility Charge The following is a brief overview of Travel Time Analysis, Noise Analysis, (PFC) at Pittsburgh International the application. Air Quality Analysis, and Surface Airport, Pittsburgh, PA PFC Application No.: 04–03–U–00– Transportation Analysis. As this data PIT. AGENCY: Federal Aviation becomes available in draft final form, Level of the proposed PFC: $3.00. Administration (FAA), DOT. the FAA will post the various Proposed charge effective date: components of each analysis such as the ACTION: Notice of intent to rule on October 1, 2001. assumptions, project files, and application. Proposed charge expiration date: supporting material used in the October 1, 2006. SUMMARY: modeling efforts. This information can The FAA proposes to rule and Total estimated PFC revenue: be found at http://www.agl.faa.gov/ invites public comment on the $7,834,933. OMP/EISTechSim/TechSim.htm. application to use the revenue from a Brief description of proposed This information is being provided to PFC at Pittsburgh International Airport project(s):—Improve Runway Safety under the provisions of the Aviation Areas for Runways 10L–28R and 10R– facilitate early involvement of the Safety and Capacity Expansion Act of 28L. public in the EIS process. The FAA 1990 (Title IX of the Omnibus Budget Class or classes of air carriers which plans to post over five million pages of Reconciliation Act of 1990) (Pub. L. the public agency has requested not be data, and other EIS related 101–508) and part 158 of the Federal required to collect PFCs:—Non- documentation prior to the release of Aviation Regulations (14 CFR part 158). schedules, on-demand air carriers filing the Draft EIS. Other EIS related DATES: Comments must be received on DOT Form 1800–31. documentation is also available on the or before October 29, 2004. Any person may inspect the following Web sites: http:// ADDRESSES: Comments on this application in person at the FAA office www.agl.faa.gov/omp and http:// application may be mailed or delivered listed above under FOR FURTHER www.ompeis.net. in triplicate to the FAA at the following INFORMATION CONTACT and at the FAA DATES: Effective Date: July 27, 2004. address: Ms. Lori Ledebohm, PFC regional airports office located at: FOR FURTHER INFORMATION CONTACT: Contact, Harrisburg Airports District Eastern Region, Airports Division, AEA– Barry Cooper, Manager, Chicago Area Office, 3905 Hartzdale Drive, Suite 508, 610, 1 Aviation Plaza, Jamaica, New Modernization Program Office, Great Camp Hill, PA 17011. York 11434. Lakes Region, 2300 East Devon Avenue, In addition, one copy of any In addition, any person may, upon Des Plaines, IL 60018; Telephone: (847) comments submitted to the FAA must request, inspect the application, notice 294–7369, fax: (847) 294–8157, Internet: be mailed or delivered to John R. Serpa, and other documents germane to the [email protected]. of the Allegheny County Airport application in person at the Allegheny Authority at the following address: County Airport Authority. Issued in Des Plaines, Illinois on September 13, 2004. Allegheny County Airport Authority, Dated: Issued in Camp Hill, PA on Barry Cooper, P.O. Box 12370, Pittsburgh, September 22, 2004. Manager, Chicago Area Modernization Pennsylvania 15231–0370. Lori Ledebohm, Program Office, Great Lakes Region. Air carriers and foreign air carriers PFC Contact, Harrisburg Airports District [FR Doc. 04–21866 Filed 9–28–04; 8:45 am] may submit copies of written comments Office, Eastern Region. BILLING CODE 4910–13–M previously provided to the Allegheny [FR Doc. 04–21864 Filed 9–21–04; 8:45 am] County Airport Authority under section BILLING CODE 4910–13–M 158.23 of part 158. DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Ms. Lori Ledebohm, PFC Contact, Harrisburg DEPARTMENT OF TRANSPORTATION Maritime Administration Airports District Office, 3905 Hartzdale Dr., Suite 508, Camp Hill, Pennsylvania Federal Aviation Administration [Docket No. MARAD–2004–19192] 17011, 717–730–2835. The application may be reviewed in person at this same Notice of the Posting of Draft Information Collection Available for location. Technical Analyses Data and Other Public Comments and Documentation for the O’Hare Recommendations SUPPLEMENTARY INFORMATION: The FAA Modernization Environmental Impact proposes to rule and invites public Statement, Chicago O’Hare ACTION: Notice and request for comment on the application to use the International Airport, Chicago, IL comments. revenue from a PFC at Pittsburgh International Airport under the AGENCY: Federal Aviation SUMMARY: In accordance with the provisions of the Aviation Safety and Administration, DOT. Paperwork Reduction Act of 1995, this

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notice announces the Maritime examination at the above address Summary of Collection of Administration’s (MARAD’s) intention between 10 a.m. and 5 p.m. EDT (or Information: Section 1305(a) of the to request extension of approval for EST), Monday through Friday, except Maritime Education and Training Act of three years of a currently approved Federal holidays. An electronic version 1980 indicates that the Secretary of information collection. of this document is available on the Transportation may provide maritime- DATES: Comments should be submitted World Wide Web at http://dms.dot.gov. related training to merchant mariners of on or before November 29, 2004. Privacy Act: Anyone is able to search the United States and to individuals preparing for a career in the merchant FOR FURTHER INFORMATION CONTACT: the electronic form of all comments Frances Jerry, Maritime Administration, received into any of our dockets by the marine of the United States. Also, the 400 Seventh St., SW., Washington, DC name of the individual submitting the U.S. Coast Guard requires a fire-fighting 20590. Telephone: (202) 366–5861; fax: comment (or signing the comment, if certificate for U.S. merchant marine officers. This collection provides the (202) 366–5980; or e-mail: submitted on behalf of an association, information necessary for the maritime [email protected]. Copies of business, labor union, etc.). You may schools to plan their course offerings this collection also can be obtained from review DOT’s complete Privacy Act and for applicants to complete their that office. Statement in the Federal Register published on April 11, 2000 (Volume certificate requirements. SUPPLEMENTARY INFORMATION: 65, Number 70; pages 19477–78) or you Need and Use of the Information: Title of Collection: Uniform Financial may visit http://dms.dot.gov. This information collection is necessary Reporting Requirements. for eligibility assessment, enrollment, Type of Request: Extension of (Authority: 49 CFR 1.66.) attendance verification and recordation. currently approved information Dated: September 23, 2004. Without this information, the courses collection. By order of the Maritime Administrator. would not be documented for future OMB Control Number: 2133–0005. Joel C. Richard, reference by the program or individual Form Numbers: MA–172. student. Expiration Date of Approval: Three Secretary, Maritime Administration. [FR Doc. 04–21777 Filed 9–28–04; 8:45 am] Description of Respondents: U.S. years from date of approval by the Merchant Marine Seamen, both officers BILLING CODE 4910–81–P Office of Management and Budget. and unlicensed personnel, and other Summary of Collection of U.S. citizens employed in other areas of Information: The Uniform Financial DEPARTMENT OF TRANSPORTATION waterborne commerce. Reporting Requirements are used as a Annual Responses: 500. basis for preparing and filing Maritime Administration Annual Burden: 25 hours. semiannual and annual financial Comments: Comments should refer to statements with the Maritime [Docket No. MARAD 2004 19191] the docket number that appears at the Administration. Regulations requiring top of this document. Written comments financial reports to the Maritime Information Collection Available for may be submitted to the Docket Clerk, Administration are authorized by Public Comments and U.S. DOT Dockets, Room PL–401, 400 section 801, Merchant Marine Act, 1936, Recommendations Seventh Street, SW., Washington, DC as amended. 20590. Comments also may be ACTION: Need and Use of the Information: The Notice and request for submitted by electronic means via the collected information is necessary for comments. Internet at http://dms.dot.gov/submit. MARAD to determine compliance with SUMMARY: In accordance with the Specifically address whether this regulatory and contractual Paperwork Reduction Act of 1995, this information collection is necessary for requirements. notice announces the Maritime proper performance of the functions of Description of Respondents: Vessel Administration’s (MARAD’s) intention the agency and will have practical owners acquiring ships from MARAD to request extension of approval for utility, accuracy of the burden on credit, companies chartering ships three years of a currently approved estimates, ways to minimize this from MARAD, and companies having information collection. burden, and ways to enhance the Title XI guarantee obligations. quality, utility, and clarity of the DATES: Annual Responses: 196 responses. Comments should be submitted information to be collected. All Annual Burden: 1862 hours. on or before November 29, 2004. comments received will be available for Comments: Comments should refer to FOR FURTHER INFORMATION CONTACT: examination at the above address the docket number that appears at the Christopher Krusa, Maritime between 10 a.m. and 5 p.m. EDT (or top of this document. Written comments Administration, 400 Seventh St., SW., EST), Monday through Friday, except may be submitted to the Docket Clerk, Washington, DC 20590. Telephone: Federal Holidays. An electronic version U.S. DOT Dockets, Room PL–401, 400 202–366–2648, FAX: 202–366–3746; or of this document is available on the Seventh Street, SW., Washington, DC e-mail: [email protected]. World Wide Web at http://dms.dot.gov. 20590. Comments also may be Copies of this collection also can be Privacy Act: Anyone is able to search submitted by electronic means via the obtained from that office. the electronic form of all comments Internet at http://dms.dot.gov/submit. SUPPLEMENTARY INFORMATION: received into any of our dockets by the Specifically address whether this Title of Collection: Supplementary name of the individual submitting the information collection is necessary for Training Course Application. comment (or signing the comment, if proper performance of the functions of Type of Request: Extension of submitted on behalf of an association, the agency and will have practical currently approved information business, labor union, etc.). You may utility, accuracy of the burden collection. review DOT’s complete Privacy Act estimates, ways to minimize this OMB Control Number: 2133–0030. Statement in the Federal Register burden, and ways to enhance the Form Numbers: MA–823. published on April 11, 2000 (Volume quality, utility, and clarity of the Expiration Date of Approval: Three 65, Number 70; Pages 19477–78) or you information to be collected. All years from date of approval by the may visit http://dms.dot.gov. comments received will be available for Office of Management and Budget. (Authority: 49 CFR 1.66.)

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By order of the Maritime Administrator, comment be provided. The Docket prevention legislation required the Dated: September 23, 2004. Section is open on weekdays from 10 Secretary of Transportation (delegated Joel C. Richard, a.m. to 5 p.m. to the National Highway Traffic Safety Secretary, Maritime Administration. FOR FURTHER INFORMATION CONTACT: Administration (NHTSA)) to promulgate [FR Doc. 04–21778 Filed 9–28–04; 8:45 am] Complete copies of each request for a theft prevention standard for the designation of high-theft vehicle lines. BILLING CODE 4910–81–P collection of information may be obtained at no charge from Carlita Provisions delineating the information Ballard, NHTSA, 400 Seventh Street, collection requirements include DEPARTMENT OF TRANSPORTATION SW., Room 5320, NVS–131, § 33104, which requires NHTSA to Washington, DC 20590. Ms. Ballard’s promulgate a rule for the identification National Highway Traffic Safety telephone number is (202) 366–0846. of major component parts for vehicles Administration Please identify the relevant collection of having or expected to have a theft rate information by referring to its OMB above the median rate for all new [U.S. DOT Docket Number NHTSA–2004– passenger motor vehicles sold in the 18642] Control Number. United States, as well as with major SUPPLEMENTARY INFORMATION: Under the Reports, Forms, and Record Keeping Paperwork Reduction Act of 1995, component parts that are Requirements before an agency submits a proposed interchangeable with those having high- collection of information to OMB for theft rates. AGENCY: National Highway Traffic The specific lines and parts to be approval, it must first publish a Safety Administration (NHTSA), identified are to be selected by document in the Federal Register Department of Transportation. agreement between the manufacturer providing a 60-day comment period and and the agency. If there is a ACTION: Request for public comment on otherwise consult with members of the disagreement of the selection, the an extension of a currently approved public and affected agencies concerning statute states that the agency shall select collection. each proposed collection of information. such lines and parts, after notice to the The OMB has promulgated regulations SUMMARY: Before a Federal agency can manufacturer and an opportunity for describing what must be included in collect certain information from the written comment. public, it must receive approval from such a document. Under OMB’s In a final rule published on April 6, the Office of Management and Budget regulation (at 5 CFR 1320.8(d)), an 2004, the Federal Motor Vehicle Theft (OMB). Under procedures established agency must ask for public comment on Prevention Standard was extended to by the Paperwork Reduction Act of the following: include all passenger cars and (i) Whether the proposed collection of 1995, before seeking OMB approval, multipurpose passenger vehicles with a information is necessary for the proper Federal agencies must solicit public gross vehicle weight rating of 6,000 performance of the functions of the comment on proposed collections of pounds or less, and to light duty trucks agency, including whether the information, including extensions and with major parts that are information will have practical utility; reinstatement of previously approved interchangeable with a majority of the (ii) the accuracy of the agency’s collections. covered major parts of multipurpose estimate of the burden of the proposed This document describes one passenger vehicles. The final rule collection of information, including the collection of information for which becomes effective September 1, 2006. validity of the methodology and NHTSA intends to seek OMB approval. Estimated Annual Burden: 40. assumptions used; Number of Respondents: 7. DATES: Comments must be received on (iii) how to enhance the quality, or before November 29, 2004. utility, and clarity of the information to Issued on: September 23, 2004. ADDRESSES: Comments must refer to the be collected; and Stephen R. Kratzke, docket notice numbers cited at the (iv) how to minimize the burden of Associate Administrator for Rulemaking. beginning of this notice and be the collection of information on those [FR Doc. 04–21830 Filed 9–28–04; 8:45 am] submitted to Docket Management, Room who are to respond, including the use BILLING CODE 4910–59–P PL–401, 400 Seventh Street, SW., of appropriate automated, electronic, Washington, DC 20590 by any of the mechanical, or other technological following methods. collection techniques or other forms of DEPARTMENT OF TRANSPORTATION • Federal eRulemaking Portal: http:// information technology, e.g. permitting National Highway Traffic Safety www.regulations.gov. Follow the electronic submission of responses. Administration instructions for submitting comments. In compliance with these • Agency Web Site: http:// requirements, NHTSA asks for public [U.S. DOT Docket Number NHTSA–2004– dms.dot.gov. Follow the instructions for comments on the following proposed 18737] submitting comments on the Docket collections of information: Management System. Title: Procedures for Selecting Lines Reports, Forms, and Recordkeeping • Fax: (202) 493–2251. to be Covered by the Theft Prevention Requirements • Mail: Dockets, 400 7th Street, SW., Standard (49 CFR 542). AGENCY: National Highway Traffic Washington, DC 20590. OMB Control Number: 2127–0539. Safety Administration (NHTSA), • Hand Delivery/Courier: Plaza Level Affected Public: Business or other for- Department of Transportation. Room 401, (PL #401), of Nassif Building, profit. ACTION: Request for public comment on 400 7th Street, SW., Washington, DC Form Number: This collection of an extension of a currently approved 20590, telephone: 1–800–647–5527. information uses no standard forms. collection. Please identify the proposed Abstract: The Anti Car Theft Act of collection of information for which a 1992 amended the Motor Vehicle Theft SUMMARY: Before a Federal agency can comment is provided, by referencing its Law Enforcement Act of 1984 (P.L. 98– collect certain information from the OMB clearance number. It is requested, 547) and requires this collection of public, it must receive approval from but not required, that 2 copies of the information. One component of the theft the Office of Management and Budget

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(OMB). Under procedures established document in the Federal Register 115, Vehicle Identification Number, by the Paperwork Reduction Act of providing a 60-day comment period and specifying requirements for vehicle 1995, before seeking OMB approval, otherwise consult with members of the identification numbers to aid the agency Federal agencies must solicit public public and affected agencies concerning in achieving many of its safety goals. comment on proposed collections of each proposed collection of information. The standard was amended in August information, including extensions and The OMB has promulgated regulations 1978 by extending its applicability to reinstatement of previously approved describing what must be included in additional classes of motor vehicles and collections. such a document. Under OMB’s by specifying the use of a 30-year, 17- This document describes one regulation (at 5CFR 1320.8(d), an agency character Vehicle Identification Number collection of information for which must ask for public comment on the (VIN) for worldwide use. The standard NHTSA intends to seek OMB approval. following: was amended in May 1983 by deleting DATES: Comments must be received on (i) Whether the proposed collection of portions of FMVSS No. 115 and or before November 29, 2004. information is necessary for the proper reissuing those portions as a general ADDRESSES: You may submit comments performance of the functions of the agency regulation, part 565. [identified by DOT Docket No. NHTSA– agency, including whether the Subsequently, the standard was 2004–18737] by any of the following information will have practical utility; amended again in June 1996 transferring methods: (ii) the accuracy of the agency’s the text of the FMVSS No. 115 to part • Web site: http://dms.dot.gov. estimate of the burden of the proposed 565, without making any substantive Follow the instructions for submitting collection of information, including the changes to the VIN requirements as a comments on the DOT electronic docket validity of the methodology and result of the proposed consolidation. site. assumptions used; The provision of the part 565 (amended) • Fax: 1–202–493–2251. (iii) how to enhance the quality, regulation requires vehicle • Mail: Docket Management Facility; utility, and clarity of the information to manufacturers to assign a unique VIN to U.S. Department of Transportation, 400 be collected; each new vehicle and to inform NHTSA (iv) how to minimize the burden of Seventh Street, SW., Nassif Building, of the code used in forming the VIN. the collection of information on those Room PL–401, Washington, DC 20590– These regulations apply to all vehicles: who are to respond, including the use 001. passenger cars, multipurpose passenger of appropriate automated, electronic, • Hand Delivery: Room PL–401 on vehicles, trucks, buses, trailers, mechanical, or other technological the plaza level of the Nassif Building, incomplete vehicles, and motorcycles. 400 Seventh Street, SW., Washington, collection techniques or other forms of DC, between 9 a.m. and 5 p.m., Monday information technology, e.g. permitting Part 541 electronic submission of responses. through Friday, except Federal holidays. The Motor Vehicle Information and • Federal eRulemaking Portal: Go to In compliance with these requirements, NHTSA asks for public Cost Savings Act was amended by the http://www.regulations.gov. Follow the Anti-Car Theft Act of 1992 (Pub.L. 102– online instructions for submitting comments on the following proposed collections of information: 519.) The enacted Theft Act requires comments. specified parts of high-theft vehicle to Instructions: All submissions must Title: Consolidated Vehicle Identification Number Requirements be marked with vehicle identification include the agency name and docket numbers. In a final rule published on number for this proposed collection of and Motor Vehicle Theft. OMB Control Number: 2127–0510. April 6, 2004, the Federal Motor Vehicle information. Note that all comments Affected Public: Business or other for- Theft Prevention Standard was received will be posted without change profit. extended to include all passenger cars to http://dms.dot.gov including any Form Number: This collection of and multipurpose passenger vehicles personal information provided. information uses no standard forms. with a gross vehicle weight rating of Docket: For access to the docket to Abstract: NHTSA’s statute at 15 6,000 pounds or less, and to light duty read background documents or U.S.C. 1392, 1397, 1401, 1407, and 1412 trucks with major parts that are comments received, go to http:// of the National Traffic and Motor interchangeable with a majority of the dms.dot.gov at any time or to Room PL– Vehicle Safety Act of 1966 authorizes covered major parts of multipurpose 401 on the plaza level of the Nassif the issuance of Federal Motor Vehicle passenger vehicles. Each major Building, 400 Seventh Street, SW., Safety Standard (FMVSS) and the component part must be either labeled Washington, DC, between 9 a.m. and 5 collection of data which support their or affixed with the VIN and its p.m., Monday through Friday, except implementation. The agency, in replacement component part must be Federal holidays. prescribing an FMVSS, is to consider marked with the DOT symbol, the letter FOR FURTHER INFORMATION CONTACT: available relevant motor vehicle safety (R) and the manufacturers’ logo. The Complete copies of each request for data and to consult with other agencies final rule becomes effective September collection of information may be as it deems appropriate. Further, the Act 1, 2006. obtained at no charge from Deborah mandates, that in issuing any FMVSS, Part 567 Mazyck, NHTSA 400 Seventh Street, the agency should consider whether the SW., Room 5320, NVS–131, standard is reasonable, practicable, and This part specifies the content and Washington, DC 20590. Ms. Mazyck’s appropriate for the particular type of location of, and other requirements for, telephone number is (202) 366–4809. motor vehicle or item of motor vehicle the certification label or tag to be affixed Please identify the relevant collection of equipment for which it is prescribed, to motor vehicles and motor vehicle information by referring to its OMB and whether such standards will equipment. Specifically, the VIN is Control Number. contribute to carrying out the purpose of required to appear on the certification SUPPLEMENTARY INFORMATION: Under the the Act. The Secretary is authorized to label. Additionally, this certificate will Paperwork Reduction Act of 1995, revoke such rules and regulations as provide the consumer with information before an agency submits a proposed deemed necessary to carry out this to assist him or her in determining collection of information to OMB for subchapter. Using this authority, the which of the Federal Motor Vehicle approval, it must first publish a agency issued the initial FMVSS No. Safety Standards are applicable to the

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vehicle or equipment, and its date of ADDRESSES: Comments must refer to the Title: Petitions for Exemption from manufacturer. docket notice numbers cited at the the Vehicle Theft Prevention Standard Estimated Annual Burden: For part beginning of this notice and be (49 CFR 543). 565 and part 567, NHTSA estimates the submitted to Docket Management, Room OMB Control Number: 2127–0542. vehicle manufacturers will incur a total PL–401, 400 Seventh Street, SW., Affected Public: Business or other for- annual hour burden of 388,750 and cost Washington, DC 20590 by any of the profit. burden of $5,053,750. For Part 541, following methods. Form Number: This collection of NHTSA estimates the vehicle • Federal eRulemaking Portal: http:// information uses no standard forms. manufacturers will incur a total annual www.regulations.gov. Follow the Abstract: 49 U.S.C. Chapter 331 hour burden of 607,878 and cost burden instructions for submitting comments. requires the Secretary of Transportation of $75.68 million. • Agency Web site: http:// to promulgate a theft prevention Number of Respondents: 1,000. dms.dot.gov. Follow the instructions for standard to provide for the Comments are invited on: whether the submitting comments on the Docket identification of certain motor vehicles proposed collection of information is Management System. and their major replacement parts to necessary for the proper performance of • Fax: (202) 493–2251. impede motor vehicle theft. 49 U.S.C. the functions of the Department, section 33106 provides for an FOR FURTHER INFORMATION CONTACT: including whether the information will exemption to this identification process Complete copies of each request for have practical utility; the accuracy of by petitions from manufacturers who collection of information may be the Department’s estimate of the burden equip covered vehicles with standard obtained at no charge from Carlita of the proposed information collection; original equipment antitheft devices, Ballard, NHTSA 400 Seventh Street, ways to enhance the quality, utility and which the Secretary determines are SW., Room 5320, NVS–131, clarity of the information to be likely to be as effective in reducing or Washington, DC 20590. Ms. Ballard’s collected; and ways to minimize the deterring theft as the identification telephone number is (202) 366–0846. burden of the collection of information system. Section 543.5 is revised for each Please identify the relevant collection of on respondents, including the use of model year after model year 1996 a information by referring to its OMB automated collection techniques or manufacturer may petition NHTSA to Control Number. other forms of information technology. grant an exemption for one additional SUPPLEMENTARY INFORMATION: Under the line of it’s passenger motor vehicles Issued on: September 23, 2004. Paperwork Reduction Act of 1995, from the requirements of part 541 of this Stephen R. Kratzke, before an agency submits a proposed chapter. Associate Administrator for Rulemaking. collection of information to OMB for In a final rule published on April 6, [FR Doc. 04–21831 Filed 9–28–04; 8:45 am] approval, it must first publish a 2004, the Federal Motor Vehicle Theft BILLING CODE 4910–59–P document in the Federal Register Prevention Standard was extended to providing a 60-day comment period and include all passenger cars and otherwise consult with members of the multipurpose passenger vehicles with a DEPARTMENT OF TRANSPORTATION public and affected agencies concerning gross vehicle weight rating of 6,000 each proposed collection of information. pounds or less, and to light duty trucks National Highway Traffic Safety The OMB has promulgated regulations with major parts that are Administration describing what must be included in interchangeable with a majority of the [U.S. DOT Docket Number NHTSA–2004– such a document. Under OMB’s covered major parts of multipurpose 18643] regulation (at 5 CFR 1320.8(d), an passenger vehicles. The final rule agency must ask for public comment on becomes effective September 1, 2006. Reports, Forms, and Recordkeeping the following: Estimated Annual Burden: 67 hours. Requirements (i) Whether the proposed collection of Number of Respondents: 5. AGENCY: National Highway Traffic information is necessary for the proper Issued on: September 23, 2004. Safety Administration (NHTSA), performance of the functions of the Stephen R. Kratzke, Department of Transportation. agency, including whether the Associate Administrator for Rulemaking. ACTION: Request for public comment on information will have practical utility; [FR Doc. 04–21832 Filed 9–28–04; 8:45 am] (ii) The accuracy of the agency’s an extension of a currently approved BILLING CODE 4910–59–P collection. estimate of the burden of the proposed collection of information, including the SUMMARY: Before a Federal agency can validity of the methodology and DEPARTMENT OF TRANSPORTATION collect certain information from the assumptions used; public, it must receive approval from (iii) How to enhance the quality, National Highway Traffic Safety the Office of Management and Budget utility, and clarity of the information to Administration (OMB). Under procedures established be collected; and by the Paperwork Reduction Act of (iv) How to minimize the burden of Denial of Motor Vehicle Recall Petition 1995, before seeking OMB approval, the collection of information on those AGENCY: National Highway Traffic Federal agencies must solicit public who are to respond, including the use Safety Administration (NHTSA), comment on proposed collections of of appropriate automated, electronic, Department of Transportation. information, including extensions and mechanical, or other technological ACTION: Denial of petitions for an reinstatement of previously approved collection techniques or other forms of investigation into alleged defects in collections. information technology, e.g. permitting Firestone Steeltex tires. This document describes one electronic submission of responses. collection of information for which In compliance with these SUMMARY: This notice sets forth the NHTSA intends to seek OMB approval. requirements, NHTSA asks for public reasons for the denial of two petitions DATES: Comments must be received on comments on the following proposed submitted to NHTSA under 49 U.S.C. or before November 29, 2004. collections of information: 30162 by the Law Offices of Lisoni &

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Lisoni of Pasadena, California, examination of failed Steeltex tires at ODI initiated its first investigation requesting that the agency commence a Firestone’s Akron, Ohio technical (PE00–040) of Steeltex tires on defect investigation of alleged defects in center; September 9, 2000. PE00–040 was all Firestone Steeltex tires manufactured • Collected ambulance-specific data closed on April 9, 2002. The primary since 1995 and in those Steeltex tires from the Ford Motor Company (Ford), bases for the decision to close were the installed on ambulances. After a review primary manufacturer of ambulance fact that the tires under investigation of the petitions and other information, platforms equipped with light truck displayed failure rates comparable to NHTSA has concluded that further radial tires over the last ten years; those of LTR tires sold by other major expenditure of the agency’s • Interviewed 30 of the ambulance manufacturers and that many of the investigative resources on the issues operators cited in the petitions; and failures reported were influenced by the raised by the petitions does not appear • Interviewed a local ambulance fleet usage factors cited above. ODI also warranted. The agency accordingly has operator not cited in the petitions to noted that the vehicle type had the denied the petitions. The petitions are better understand approaches to largest influence on the likelihood of a hereinafter identified as DP04–004 (All ambulance tire usage and maintenance. tire failure causing a vehicle crash. Steeltex tires) and DP04–005 (Steeltex Based on this technical review, ODI ODI revisited the question of Steeltex tires on ambulances). has concluded that the petitions should tire failures during its technical review FOR FURTHER INFORMATION CONTACT: Mr. be denied. of a petition (DP02–011) from the Law Gregory Magno, Safety Defects Engineer, Offices of Lisoni & Lisoni in November Office of Defects Investigation (ODI), 2.0 Background of 2002. DP02–011 alleged that all NHTSA, 400 Seventh Street, SW., Steeltex is a model name applied to Steeltex tires manufactured since 1990 Washington, DC 20590. Telephone: the majority of light truck radial tires were defective, that ODI had (202) 366–0139. sold by Firestone since 1990. Over this undercounted VOQs in its database, and SUPPLEMENTARY INFORMATION: time period, Firestone has manufactured that Firestone had deliberately understated its failure figures. ODI in excess of forty million Steeltex tires Petition Review—DP04–004 and DP04– denied DP02–011 on June 16, 2003 on in three load ranges (C, D, and E), two 005 the basis that VOQ and Firestone figures types (all terrain (A/T) and all season had changed little since the closing of 1.0 Introduction (R4S, superceded by the R4SII)), and PE00–040 and that the petitions added twelve sizes at five plants. Steeltex tires On May 12, 2004 the Law Offices of relatively little new data for have been the primary original Lisoni & Lisoni (petitioners) submitted consideration. two petitions requesting that the Office equipment (OE) tire on many of the The petitions under consideration of Defects Investigation (ODI) largest passenger vans, sport utility here allege that all Steeltex tires commence an investigation of Firestone vehicles (SUV), pickup trucks, and manufactured since 1995 are defective Steeltex tires pursuant to 49 U.S.C. ‘‘cutaways’’ (including motor homes and that Steeltex tires used on 30162, and issue a recall order pursuant (RV) and ambulances) sold in that time ambulances pose an unacceptable safety to 49 U.S.C. Sections 30118(b), 30119, period. Almost three quarters of Steeltex risk to Emergency Medical Service and 30120. One petition pertains to all tires produced are Load Range E (LRE) (EMS) operators. Among other things, Steeltex tires manufactured since 1995 tires that may be inflated up to 80 psi the new petitions contain allegations (DP04–004), and the other pertains to and can carry between 2,500 lb and that Firestone cost reduction efforts Steeltex tires on ambulances (DP04– 3,400 lb per tire. More than half of compromised Steeltex tire durability, 005). ODI began a technical review of Steeltex tires are concentrated in three and the petitioners’ assessment from DP04–004 and -005 on May 26, 2004 in sizes: LT225/75R16, LT245/75R16, and their examination of disabled Steeltex accordance with the provisions of 49 LT265/75R16. tires in Firestone’s custody. U.S.C. 30162. During the review, ODI: Steeltex tires are light truck radial • Analyzed data within its own (LTR) tires comprised of two polyester 3.0 DP04–004 Analysis (All Steeltex vehicle owners questionnaire (VOQ) body plies and two steel belts. Within Tires Produced Since 1995) database; the population of Steeltex tires there 3.1 VOQs Since the Denial of DP02–011 • Analyzed early warning reporting exist a variety of designs that include During the fourteen months since the (EWR) data submitted by all tire obvious differences such as tread denial of DP02–011, ODI has received manufacturers since December 2003; pattern, sidewall configuration, and tire • 294 Steeltex tire failure VOQs, Examined a total of 190 Steeltex size as well as differences in internal approximately three-quarters of which tires, 21 of which had been installed on construction such as cord configuration, reported tread separations.2 Fourteen ambulances; cord gauge, cord angle, and mold shape. • VOQs allege that the tire failure led to Hired an independent expert to LTR tires are distinguished from a crash, of which six involved injuries, examine 89 failed Steeltex tires held by passenger radial (PSR) tires by having with no deaths. Bridgestone-Firestone North American heavier cord gauges, thicker rubber In terms of tire fitment, Class C RVs Tires (Firestone) at a storage facility in plies, deeper tread depths, and 1 based on cutaway van chassis represent Marengo, Indiana; substantially higher inflation pressures. • the largest share of VOQs received, with Requested and analyzed data These qualities enable them to carry just under half of the Steeltex tire pertaining to Steeltex tire performance heavier loads and resist chipping and failures reported; however, none of from Firestone; tearing. However, these characteristics • Analyzed the petition contents and these involved a crash or injury. RV also increase their sensitivity to usage additional data requested from the factors such as overload, underinflation, petitioners; 2 This figure does not include letters mailed to and overspeed. This is due chiefly to the • Witnessed and interviewed the ODI at the behest of an August 4, 2004 e-mail from heat generated by these factors and the the petitioners to their clients. To date, ODI is petitioners’ consultants during their lesser ability of thicker, heavier tires to aware of 27 such letters, the majority of which describe tire failures that were reported in the 1 A ‘‘failed’’ tire is a tire that experiences a major dissipate this heat. Heat promotes a petition, VOQ database, or Firestone property component (e.g. tread or casing) separation or other reduction in the material properties in damage claim database. All but one of these events event including rapid air-loss while driving. all radial tires. occurred prior to 2004.

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complaints largely involved the Ford E- each of three tire sizes,6 half of which years, 28 of which involve tires, four of series dual rear wheel platform using had been examined by the petitioners. which reported concerns with valve LT225/75R16 LRE Steeltex R4S tires. According to the report issued by Mr. stem durability or accessibility, or Pickup trucks accounted for a third of Dodson, while tire failure modes sidewall cracks. Of the 24 VOQs that the VOQs and half of the remaining observed at Marengo appeared similar at report tire failures, two involved crash reports while Ford Excursions the macroscopic level, they were quite Michelin tires. One of the Michelin equipped with tires subject to Recall varied when viewed from a close-up complaints reported multiple sidewall 04T–003 accounted for a third of the perspective. The report also stated that failures that stopped occurring after the crashes, and half of the injuries. 3 the numerous different failure modes fleet converted their OE rubber valve observed did not indicate the presence stems to metal clamp-in valve stems. Excluding tires subject to Recall 04T– of a common or singular underlying The VOQs that report Steeltex tire 003, the total known Steeltex failure cause of failure. Furthermore, the report failures involve Type I and Type III VOQ count now stands at 1,451; of also found that the types of conditions ambulances based on the Ford F–350 which 908 report tread separation. and/or appearances observed were and E–350/–450 dual rear wheel Thirty-four VOQs report vehicle consistent with the array of modes of platforms. Most of these failures crashes, of which 28 led to injuries or failure typically seen in tires of occurred on the rear axle. None of the deaths. A total of 51 injuries and 6 comparable size and type. Usage factors 22 VOQs allege a crash, injury, or death. deaths were reported. such as road hazards, mounting damage, Most incidents took place in 2000 and 3.2 EWR Data improper repairs, and overdeflection 2001, with the most recent incident figured prominently in Mr. Dodson’s occurring in August 2003. ODI began receiving EWR data from observations. all major tire manufacturers in The ODI engineer who participated in 4.2 Firestone Data December of 2003. This includes data Mr. Dodson’s examinations of tires at Over the last ten years, Firestone has on production, adjustments, property Marengo also witnessed the petitioners’ received a total of eight claims relating damage claims, and death and injury examination of 74 Steeltex tires in to Steeltex tires on ambulances. Six of claims and notices. Scrutiny of these Akron and observed many of the same these are claims for property damage data earlier this year contributed to contributory factors and conditions. only, while the remaining two are Recall 04T–003. 3.4 Firestone Data personal injury claims involving a total ODI’s analysis has found that, in of three injuries, including one death. 7 general, Steeltex tire property damage ODI reviewed thousands of claims One of the injury claims was dismissed claim rates are very close to and in received by Firestone over the last ten because the injury could not be many cases below the LTR class years. After filtering out tires subject to substantiated and the LT245/75R16 LRE average, with a number of major LTR Recall 04T–003, misapplications, and tire involved displayed the classic flex the most obvious road hazards and flex- failure mode associated with severe tire manufacturers having higher claim 8 rates. In all cases, for each size of failures, all Steeltex tire sizes and lines underinflation, while the other claim, Steeltex tires, two or more competitors show failure rates that are lower than involving the death and a non-fatal experienced higher property damage those observed in peer LRE tires. The injury, is still open. four largest LRE tire sizes continue to claim rates. Overall, the property damage claims account for 85% of claims and all but are confined to Steeltex R4S/R4SII tires, ODI also reviewed the death and one of the nonfatal injury crashes that injury claim and notice (collectively, mostly involving LT225/75R16 LRE occurred in 2002. Tires manufactured in tires. With the exception of a ‘‘claim’’) data and found that Steeltex 1999 account for the highest number of tires were above the industry average for misapplied LRC tire and two failures claims and of injury crashes. due to extreme underinflation, failure injury-only LTR tire claim rates but had ODI also examined Firestone’s some of the lowest fatal LTR tire claim times varied from two to five years in warranty adjustment data and found no service. rates. With respect to injury claims, two signs of a defect trend overall, or in any major LTR tire manufacturers specific tire lines and sizes. 4.3 Ford Data 4 experienced higher rates. In summary, the above information Ford produced the vast majority of 3.3 Tire Analysis indicates that Steeltex tires overall do LTR tire-equipped ambulance platforms, not stand out from their peers in terms totaling almost 60,000 over the last ten To determine whether a pattern of of failure rates, and there are no years. Dual rear wheel vehicles, which failure modes or underlying causes indications of a defect trend. were predominantly fitted with Steeltex existed in Steeltex tires, ODI hired 4.0 DP04–005 Analysis (Steeltex Tires tires, account for two thirds of Thomas M. Dodson, an expert in tire on Ambulances) ambulance production, with Type III E– forensic analysis from a prominent tire 350/–450 cutaways accounting for and materials test lab,5 to examine tires 4.1 ODI VOQs almost half of overall production. at Marengo. A total of 89 Steeltex tires ODI has received over 100 VOQs Ford informed ODI that it chooses tire were randomly selected from within relating to ambulances over the last ten fitments for ambulance package- equipped vehicles based on the tire’s 3 On February 26, 2004, Firestone announced that 6 Three tire sizes account for the majority of tire ability to meet speed and load it would recall approximately 487,000 LT265/ production and property damage claims, and are requirements. It has further stated that 75R16 LRD Steeltex A/T tires manufactured for OE used on potentially sensitive vehicles such as large fitment on MY 2000–2003 Ford Excursion SUVs. passenger vans and ambulances: LT225/75R16, it discourages vehicle modifiers that Firestone estimated that 297,000 of these tires were LT245/75R16, and LT265/75R16. convert cutaways into finished still in service at that time. 7 In this case, the term claim refers to lawsuits ambulances from changing the OE tire 4 It should be noted that no single tire and claims for both property damage and personal fitments provided by Ford. manufacturer consistently ranked the highest in any injury. Ford has received sixteen tire-related of the categories described. 8 Flex failure is caused by operation at extreme 5 Smithers Scientific Services of Akron, Ohio levels of underinflation, a condition that was complaints concerning ambulances over furnished the expert and issued a report, available identified in some tires by both ODI’s expert and the last ten years, a quarter of which in the DP04–004 public file. the petitioners’ consultants. relate to valve stem leakage or tire

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misapplication. The sole reported injury support the petitioner’s claims of such made, including the misstatement of the crash involved a Uniroyal tire failing on a broad range of defects. DOT code or consumer’s name in almost the right rear position of a MY 1997 The petitioners did not conduct any a third of the records. Type II ambulance in 2001. One testing or laboratory analyses to support The petitioners make numerous additional crash was reported in 2002 these claims and some of the claims are references to the C95 cost reduction that involved a patched tire and no in direct conflict with others. For program 14 conducted by Firestone in injuries. example, the current and prior petitions the mid 1990s as evidence of Review of the failure data reported to allege that the Steeltex tires contain the unacceptable reductions to Steeltex tire ODI, Firestone, and Ford indicates that same defect as the Wilderness A/T tires quality.15 Firestone has stated that many Steeltex tire failures on ambulances are previously recalled by Firestone and of the recommendations cited by the spread out over a significant period of identify inadequate rubber-wire petitioners were never implemented. time, and often involve usage factors adhesion, as allegedly demonstrated by The petitioners have attempted to link such as misapplication, valve stem ‘‘shiny brass’’ in the belt wire, as one of Firestone’s search for lower cost concerns (as evidenced by the the primary causes. Extensive lab materials to a labor dispute at a carbon complaints regarding valve stem analyses of hundreds of Wilderness A/ black supplier from which Firestone durability and access), and road T tires performed by ODI, Firestone, and buys relatively little material. The hazards. Additionally, analysis Ford during the course of EA00–023 petitioners also allege that lighter steel indicates that Steeltex tires were, until found good steel cord-rubber adhesion cords were used, reducing steel cord- 2003, the predominant tire used in dual and that Wilderness A/T tire tread rubber adhesion; yet ODI has observed rear wheel ambulance applications and, separations involved fatigue crack signs of strong steel cord-rubber thus, uniquely exposed to tire issues growth through the skim rubber adhesion in most of the Steeltex tires associated with ambulance operation. between the two steel belts, rather than that it examined. The petitioners have at the interface between the rubber and alleged that process times were 5.0 Petition Allegations steel. Likewise, many of the tires shortened leading to undercure of The petitioners made numerous examined at Marengo displayed crisp Steeltex tires, and that such tires would allegations,9 which primarily restate multi-level tear patterns in the skim fail early in service, but we note that those in DP02–011: that ODI has rubber, suggesting good steel cord- failure data show that these tires undercounted Steeltex VOQs; that the rubber adhesion. The report submitted generally fail well into their service volume of complaints 10 gathered is by the petitioners at the end of July lives, on average after three years of use, evidence of a safety defect trend; and contains many similar internal and halfway through their tread life. that the subject tires contain contradictions and scientific errors.11 DP04–005 alleges that Steeltex tires manufacturing and material defects. In The petitioners’ resubmission of endanger ambulance operators and contrast to DP02–011, the petitioners allegedly undercounted Steeltex VOQs contains two references to press reports have now examined a number of failed contained many of the same errors of patients dying as a result of Steeltex tires in Firestone’s custody and highlighted in the DP02–011 denial: ambulance tire failures, 41 signed have characterized their findings as Fully one-fifth of these complaints statements from EMS companies, and evidence that the tires are defective in involved tires sold by Firestone’s additional contact information design and manufacture. competitors,12 non-Steeltex Firestone contained in Exhibits A and B. ODI has reviewed the materials tires,13 contained no failure summary or ODI has found significant submitted in the petitions and found description, or reported conditions that inconsistencies in this information. For that they do not demonstrate the were not tire failures such as vibrations example, one of the alleged fatal existence of a safety-related defect trend and rapid wear. In the end, somewhat ambulance crashes involved a Type II or warrant the opening of a defect more than half of the original number of ambulance that left the road and rolled investigation. The petitions allege a complaints submitted by the petitioners over. Closer investigation found that wide array of defects throughout the alleged a Steeltex tread separation. that there was no evidence of a pre- various sizes, load ranges, and designs DP04–004 Exhibits E and F contain crash tire failure, and that the vehicle of Steeltex tires manufactured by information concerning the petitioners’ was in fact fitted with Michelin tires. Firestone since 1995. These include tire examinations at Marengo. While the Two of the complainants that filed inferior raw materials, inadequate petitioners used former Firestone signed statements included in DP04– component gauges, improper splices, employees as consultants, they applied 005 were not EMS services and did not improper curing, inadequate rubber- forensic condition codes that are not operate ambulances;16 the vehicle crash wire adhesion in the steel belts, and used by Firestone and in many cases do experienced by the Kinross EMS was various other design and manufacturing not accurately describe a disabled tire not caused by a tire failure;17 and fully deficiencies. ODI’s analysis of all of the condition. Many basic mistakes were available tire failure data does not 14 Information concerning C95 was submitted by indicate that the Steeltex tires contain a 11 For example, Page 6 of the July 29, 2004 report the petitioners to ODI in April 2003 during ODI’s misidentifies (tire) rubber ‘‘reversion’’ as the return technical review of DP02–011. The document defect condition and certainly do not of vulcanized rubber to its pre-cure state in the submitted included a list of 153 potential cost- presence of high temperatures. This conflicts with reduction recommendations. 9 Allegations and supporting information were established polymer science that identifies rubber 15 More details concerning these allegations can provided in three submissions: Petitions DP04–004 reversion as a continuation of the vulcanization be found in the petitioners’ July 29 technical report. and DP04–005 dated May 12, 2004; a submission process, leading to a decline in its desirable 16 One was a general contractor (North East dated July 20, 2004 that includes video tapes of the physical properties. Likewise, statements made on Lighting Protection) and one was a state Marengo tire inspections, copies of VOQs, and Page 8 mischaracterize the reasons for adding environmental agency (Florida Bureau of additional complaint information; and a technical natural rubber to tires as being its heat resistance Environmental Response). report dated July 29, 2004. relative to that of synthetic rubber. 17 A Kinross EMS representative advised that the 10 Many of these complaints allege failure modes 12 For example: VOQ # 748972 reported multiple petitioner has misquoted them. Kinross EMS has such as flex failures, and impact breaks that are tread separations on Michelin LT225/75R16 tires on experienced two Steeltex tire failures, both different from tread separation—the failure mode a Ford E–350 RV. attributed to valve stem extension leakage on its identified in the petitions. We further note that 13 For example: VOQ # 733402 reported road vehicles. The crash itself was unrelated to tire these failures can be caused by many different hazard damage to a Wilderness A/T P265/75R16 failure and occurred as a result of driving in icy conditions, including usage factors. tire on a 2000 Chevrolet Silverado. conditions.

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one third of the EMS services contacted With regard to ambulance ACTION: Notice; issuance of advisory by ODI did not experience a tire failure applications in particular, tire bulletin. while driving.18 examinations and interviews conducted by ODI, and surveys conducted by SUMMARY: On June 21, 2004, the 6.0 Discussion Firestone have uncovered evidence of Research and Special Programs In determining whether to open a significant tire maintenance concerns Administration’s Office of Pipeline defect investigation into a product, ODI (many of which also apply to RVs). ODI Safety (RSPA/OPS) issued Advisory typically considers a number of factors, examined 21 ambulance tires and found Bulletin ADB–04–01 to owners and dependent upon the alleged defect and many of the same conditions observed operators of gas and hazardous liquid component at issue. The decision at Marengo, including flex failures and pipelines to consider the hazards whether to re-open an investigation into unrepaired road hazards. The dual rear associated with pipeline de-watering Firestone Steeltex tires was based on wheel arrangement on many operations. This advisory bulletin was consideration of a number of matters ambulances often renders the inner originally issued jointly with the Department of Labor’s Occupational identified during the course of the valve stem inaccessible, making it Safety and Health Administration technical review. These considerations difficult to assure that proper pressures (OSHA) as Safety and Health were discussed at length above and are maintained. Up to a third of the Information Bulletin SHIB 06–21–2004. include such items as the number and vehicles surveyed by Firestone Operators are strongly encouraged to trend of owner complaints, claims and evidenced substantial underinflation of follow the recommended work practices adjustment data, the number and their tires. This is especially significant and guidelines to reduce the potential severity of injury claims, and evidence because, like RVs, ambulances operate for unexpected separation of temporary of a possible source and mode of failure. very close to the maximum carrying de-watering pipes. Standing alone, no one factual capacity of their tires most of the time.19 consideration was dispositive. For FOR FURTHER INFORMATION CONTACT: example, the fact that the adjustment or 7.0 Conclusions Richard Huriaux, (202) 366–4565; or by property damage claims rates for Based on ODI’s analysis of e-mail, [email protected]. Steeltex tires may have been comparable information submitted in support of the This document can be viewed at the to or lower than competitor tires, was petitions, additional complaint and OPS home page at http://ops.dot.gov. but one factor. Other information was claims information gathered since the The original advisory bulletin issued by considered as well, such as the number DP02–011 denial, and its examination of OSHA can be viewed at http:// and severity of injury incidents failed Steeltex tires, it is unlikely that www.osha.gov. General information associated with the tires, and the variety NHTSA would issue an order for the about the RSPA/OPS programs may be of failure conditions observed during notification and remedy of a safety- obtained by accessing RSPA’s home ODI’s tire examinations. related defect in the subject tires at the page at http://rspa.dot.gov. As noted in the denial of DP02–011, conclusion of the investigations SUPPLEMENTARY INFORMATION: the subject Steeltex tires represent an requested by the petitioners. Therefore, Background immense and diverse population of tires in view of the need to allocate and that are used in the harshest LTR tire prioritize NHTSA’s limited resources to The OSHA Allentown and Wilkes- applications. The data continue to show best accomplish the agency’s safety Barre Area Offices recently investigated that the rate of Steeltex tire failures is mission, ODI is denying the petitions to two fatalities that occurred in similar to that of other tires in similar reopen the Steeltex investigation. ODI conjunction with de-watering processes uses. will continue to monitor the associated with newly constructed gas The petitioners’ data and VOQs show performance of these tires for any signs pipelines. In both cases, the temporary de-watering piping violently separated that Class C RVs, representing a of an emerging defect trend. relatively small segment of vehicles that from its couplings, striking and fatally Authority: 49 U.S.C. 30120(e); delegations injuring employees. In one instance, the use Steeltex tires, account for the largest of authority at CFR 1.50 and 501.8. share of recent failures, but a very small separated section of pipe was thrown 45 share of the crash numbers. Class C RVs Issued on: September 24, 2004. feet from where it had been attached to are an especially severe LTR tire Kenneth N. Weinstein, the temporary de-watering valve. OSHA application because, by design, they Associate Administrator for Enforcement. determined that a major contributing operate very close to the tires’ rated [FR Doc. 04–21786 Filed 9–28–04; 8:45 am] factor to both of the accidents was capacities, are subject to tire pressure BILLING CODE 4910–59–P temporary de-watering pipelines that maintenance concerns, and accumulate were not adequately secured to prevent mileage at a lower rate than most other the piping from moving or separating. In vehicles equipped with LTR tires. DEPARTMENT OF TRANSPORTATION one case, the failure occurred at a pipe Additionally, the independent tire coupler that was not being used within failure expert ODI retained to examine Research and Special Programs the safe tolerances established by the an assortment of failed Steeltex tires Administration manufacturer. was unable to find evidence of any After a pipeline is laid, a hydrostatic Pipeline Safety: Hazards Associated test is conducted to ensure its integrity. specific type or mode of failure in the With De-Watering of Pipelines tires. His examination concluded that Hydrostatic testing may also be the tires demonstrated evidence of a AGENCY: Research and Special Programs conducted during the service life of the wide variety of failure modes, all of Administration (RSPA), DOT. pipeline to evaluate its operational which were consistent with the failure integrity. The hydrostatic test consists of modes typically seen in tires of 19 Based on these and other operational and pumping water into the pipeline, comparable size and type, regardless of maintenance issues identified in dual rear wheel pressuring up the line to specified test tire applications during the course of this review, pressures, and holding that pressure for manufacturer. NHTSA plans to conduct outreach activities to the EMS and RV communities in an effort to improve a discrete period of time in accordance 18 In these instances, complainants reported valve vehicle/tire loading and tire pressure maintenance with applicable regulations and stem leakage, vibration, bulges, and irregular wear. conditions. guidelines, including regulations

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promulgated by RSPA/OPS. After procedures for safety during in the quality of the couplings should be completion of the hydrostatic test, the maintenance and normal operation. limited. Operators should ensure that pressure is relieved and the water is couplings are within manufacturer’s Advisory Bulletin (ADB–04–01) removed from the pipeline during de- tolerances and free of damage that may watering procedures. To: Owners and operators of gas and result in connection failure. A chain is The de-watering process involves hazardous liquid pipeline systems. only as strong as its weakest link—in connecting a temporary de-watering line Subject: Hazards associated with de- de-watering piping systems, the weakest to the main pipeline with mechanical watering of pipelines. link frequently is the temporary de- Purpose: To advise owners and couplers and adequately securing the watering pipe connections. operators of gas and hazardous liquid temporary de-watering line to prevent • Provide adequate employee pipelines to consider hazards associated displacement. A de-watering pig is then training. This training should instruct with pipeline de-watering operations forced through the main pipeline using employees on de-watering installation and to follow recommended work several hundred pounds pressure of designs and techniques, including practices and guidelines to reduce the compressed air. As the pig is forced proper coupling and anchoring potential for unexpected separation of through the pipeline with air pressure, methods. Operators should ensure that temporary de-watering pipes. employees understand the potential the water remaining in the line from Advisory: Each operator of a gas or hazards of improperly installed de- hydrostatic testing is pushed out of the hazardous liquid pipeline should take watering systems, provide employees a main pipeline through the temporary recommended precautions against the means of determining whether the pipe de-watering line. unexpected separation of temporary de- groove meets manufacturer’s tolerances, During the de-watering process, watering pipes during de-watering and the procedures they should significant and sudden variations in procedures. This advisory bulletin was implement to protect themselves and pressure often occur within the main originally issued jointly with the others working around them. pipeline and temporary de-watering Department of Labor’s Occupational • Proper procedures. Operators line. These variations can be caused by Safety and Health Administration should ensure that proper installation changes in pig velocity as it passes (OSHA) as Safety and Health and de-watering procedures are through bends in the pipeline or Information Bulletin SHIB 06–21–2004. followed on the job site. changes in pig and water velocity due The original advisory bulletin issued by Operators may refer to recommended to changes in pipeline elevation. OSHA can be viewed at http:// practices provided by national Compressed air escaping around the pig, www.osha.gov, or the RSPA/OPS Web consensus standards organizations, such which can combine with air already site at http://www.ops.gov. present in the main pipeline at high The following guidelines will help as American Petroleum Institute (API) spots in the pipe, can also create a reduce the risk of injury to employees Recommended Practice for source for stored energy within the main involved in de-watering activities: Occupational Safety for Oil and Gas pipeline. These sudden pressure • Study the piping system. During the Well Drilling and Servicing Operations changes produce surges that are initial planning stage of a de-watering (API RP 54–1999, Section 12.4.3); transferred from the main pipeline to operation, an engineering analysis of the American National Standards Institute the temporary de-watering line. This existing and temporary piping system (ANSI) Power Piping (ANSI B31.1–1973, can result in movement of the should be performed to identify the Section 121.2); and U.S. Army Corps of temporary de-watering line, as the pressure associated with fluids and Engineers (USACE) Safety and Health pressures can easily exceed the working other forces that could adversely affect Requirements Manual (EM 285–1–1, pressures and bending capabilities of the integrity of the pipeline or the 1996 Section 20). the temporary de-watering line stability of the drainage and its Issued in Washington, DC, on September couplers. The movement of the de- components. The operator should 23, 2004. watering line can result in violent design the de-watering system and Stacey L. Gerard, failure of the temporary piping system, develop installation techniques based Associate Administrator for Pipeline Safety. particularly when the temporary piping on the expected forces of the particular [FR Doc. 04–21829 Filed 9–28–04; 8:45 am] is not properly anchored. This situation project. Alternatively, designs and BILLING CODE 4910–60–P can be exacerbated when the temporary techniques could be developed for a pipeline suddenly changes direction, ‘‘worst case’’ scenario that could be when couplers or pipe sections have applied to all de-watering projects. DEPARTMENT OF TRANSPORTATION worn beyond the specified tolerances • Anchor the de-watering lines. It is established by the manufacturer of the accepted industry practice to adequately Surface Transportation Board de-watering piping system, or when the anchor or secure de-watering piping to [STB Docket No. AB–6 (Sub–No. 425X)] entire de-watering manifold is prevent movement and separation of the inadequately designed for the stresses piping. Operators should establish The Burlington Northern and Santa Fe that can be imposed while de-watering. effective anchoring systems based on Railway Company—Abandonment RSPA/OPS recognizes the existence of expected forces and ensure that the Exemption—in Chase, Morris, Marion hazards associated with testing systems are used during de-watering and Dickinson Counties, KS pipelines and requires operators to projects. protect their employees and the public • Ensure condition of couplings and The Burlington Northern and Santa Fe during hydrostatic testing. Section parts. All couplings and parts of the de- Railway Company (BNSF) has filed a 192.515(a) states that ‘‘* * * each watering system need to be properly notice of exemption under 49 CFR part operator shall insure that every selected for their application. The 1152 subpart F—Exempt reasonable precaution is taken to protect associated piping which the couplings Abandonments, to abandon a 25.57-mile its employees and the general public connect is a significant variable in the line of railroad between BNSF milepost during the testing.’’ In addition, entire mechanical piping system. The 0.00 near Neva and milepost 25.45 near § 195.402(c) requires each pipeline couplings are manufactured in a Lost Springs, in Chase, Morris, Marion operator to prepare and follow controlled environment, and variations and Dickinson Counties, KS. The line

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traverses United States Postal Service BNSF has filed an environmental BNSF has certified that: (1) No local Zip Codes 66838, 66850, 66859 and report which addresses the traffic has moved over the line for at 66869. abandonment’s effects, if any, on the least 2 years; (2) any overhead traffic BNSF has certified that: (1) No local environment and historic resources. can be rerouted over other lines; (3) no traffic has moved over the line for at SEA will issue an environmental formal complaint filed by a user of rail least 2 years; (2) all overhead traffic can assessment (EA) by October 4, 2004. service on the line (or by a state or local be rerouted over other lines; (3) no Interested persons may obtain a copy of government entity acting on behalf of formal complaint filed by a user of rail the EA by writing to SEA (Room 500, such user) regarding cessation of service service on the line (or by a state or local Surface Transportation Board, over the line either is pending with the government entity acting on behalf of Washington, DC 20423–0001) or by Board or with any U.S. District Court or such user) regarding cessation of service calling SEA, at (202) 565–1539. has been decided in favor of over the line either is pending with the [Assistance for the hearing impaired is complainant within the 2-year period; Board or with any U.S. District Court or available through the Federal and (4) the requirements at 49 CFR has been decided in favor of Information Relay Service (FIRS) at 1– 1105.7 (environmental reports), 49 CFR complainant within the 2-year period; 800–877–8339.] Comments on 1105.8 (historic reports), 49 CFR and (4) the requirements at 49 CFR environmental and historic preservation 1105.11 (transmittal letter), 49 CFR 1105.7 (environmental report), 49 CFR matters must be filed within 15 days 1105.12 (newspaper publication), and 1105.8 (historic report), 49 CFR 1105.11 after the EA becomes available to the 49 CFR 1152.50(d)(1) (notice to (transmittal letter), 49 CFR 1105.12 public. governmental agencies) have been met. (newspaper publication), and 49 CFR Environmental, historic preservation, As a condition to this exemption, any 1152.50(d)(1) (notice to governmental public use, or trail use/rail banking employee adversely affected by the agencies) have been met. conditions will be imposed, where abandonment shall be protected under As a condition to this exemption, any appropriate, in a subsequent decision. Oregon Short Line R. Co.— employee adversely affected by the Pursuant to the provisions of 49 CFR Abandonment—Goshen, 360 I.C.C. 91 abandonment shall be protected under 1152.29(e)(2), BNSF shall file a notice of (1979). To address whether this Oregon Short Line R. Co.— consummation with the Board to signify condition adequately protects affected Abandonment—Goshen, 360 I.C.C. 91 that it has exercised the authority employees, a petition for partial (1979). To address whether this granted and fully abandoned the line. If revocation under 49 U.S.C. 10502(d) condition adequately protects affected consummation has not been effected by must be filed. Provided no formal employees, a petition for partial BNSF’s filing of a notice of expression of intent to file an offer of revocation under 49 U.S.C. 10502(d) consummation by September 29, 2005, financial assistance (OFA) has been must be filed. and there are no legal or regulatory received, this exemption will be Provided no formal expression of barriers to consummation, the authority effective on October 29, 2004, unless intent to file an offer of financial to abandon will automatically expire. stayed pending reconsideration. assistance (OFA) has been received, this Board decisions and notices are Petitions to stay that do not involve exemption will be effective on October available on our Web site at http:// environmental issues,1 formal 29, 2004, unless stayed pending www.stb.dot.gov. expressions of intent to file an OFA reconsideration. Petitions to stay that do Decided: September 21, 2004. under 49 CFR 1152.27(c)(2),2 and trail not involve environmental issues,1 By the Board, David M. Konschnik, use/rail banking requests under 49 CFR formal expressions of intent to file an Director, Office of Proceedings. 1152.29 must be filed by October 12, OFA under 49 CFR 1152.27(c)(2),2 and Vernon A. Williams, 2004. Petitions to reopen or requests for trail use/rail banking requests under 49 Secretary. public use conditions under 49 CFR CFR 1152.29 must be filed by October [FR Doc. 04–21680 Filed 9–28–04; 8:45 am] 1152.28 must be filed by October 19, 12, 2004. Petitions to reopen or requests BILLING CODE 4915–01–P 2004, with the Surface Transportation for public use conditions under 49 CFR Board, 1925 K Street, NW., Washington, 11152.28 must be filed by October 19, DC 20423–0001. 2004, with the Surface Transportation DEPARTMENT OF TRANSPORTATION A copy of any petition filed with the Board, 1925 K Street, NW., Washington, Board should be sent to UP’s DC 20423–0001. Surface Transportation Board representative: Michael Smith, Freeborn A copy of any petition filed with the [STB Docket No. AB–6 (Sub-No. 426X)] & Peters, 311 S. Wacker Dr., Suite 3000, Board should be sent to BNSF’s Chicago, IL 60606–6677. representative: Michael Smith, Freeborn The Burlington Northern and Santa Fe If the verified notice contains false or & Peters, 311 S. Wacker Dr., Suite 3000, Railway Company—Abandonment misleading information, the exemption Chicago, IL 60606–6677. Exemption—In Matagorda and is void ab initio. If the verified notice contains false or Wharton Counties, TX BNSF has filed an environmental misleading information, the exemption report which addresses the effects, if is void ab initio. The Burlington Northern and Santa Fe any, of the abandonment on the Railway Company (BNSF) has filed a 1 The Board will grant a stay if an informed notice of exemption under 49 CFR 1152 1 The Board will grant a stay if an informed decision on environmental issues (whether raised Subpart F–Exempt Abandonments to decision on environmental issues (whether raised by a party or by the Board’s Section of abandon 20.89 miles of rail line between by a party or by the Board’s Section of Environmental Analysis (SEA) in its independent BNSF milepost 66.95 in Bay City and Environmental Analysis (SEA) in its independent investigation) cannot be made before the investigation) cannot be made before the exemption’s effective date. See Exemption of Out- milepost 54.00 near Cane Junction and exemption’s effective date. See Exemption of Out- of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any between milepost 0.00 near Cane of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible Junction and milepost 7.94 near request for a stay should be filed as soon as possible so that the Board may take appropriate action before Newgulf, in Matagorda and Wharton so that the Board may take appropriate action before the exemption’s effective date. the exemption’s effective date. 2 Each OFA must be accompanied by the filing Counties, TX. The line traverses United 2 Each OFA must be accompanied by the filing fee, which currently is set at $1,100. See 49 CFR States Postal Service Zip Codes 77414, fee, which currently is set at $1,100. See 49 CFR 1002.2(f)(25). 77420 and 77482. 1002.2(f)(25).

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environment and historic resources. after the EA becomes available to the and there are no legal or regulatory SEA will issue an environmental public. barriers to consummation, the authority assessment (EA) by October 4, 2004. Environmental, historic preservation, to abandon will automatically expire. Interested persons may obtain a copy of public use, or trail use/rail banking Board decisions and notices are the EA by writing to SEA (Room 500, conditions will be imposed, where available on our Web site at http:// Surface Transportation Board, appropriate, in a subsequent decision. www.stb.dot.gov. Washington, DC 20423–0001) or by Pursuant to the provisions of 49 CFR calling SEA, at (202) 565–1539. 1152.29(e)(2), BNSF shall file a notice of Decided: September 22, 2004. [Assistance for the hearing impaired is consummation with the Board to signify By the Board, David M. Konschnik, available through the Federal that it has exercised the authority Director, Office of Proceedings. Information Relay Service (FIRS) at 1– granted and fully abandoned the line. If Vernon A. Williams, 800–877–8339.] Comments on consummation has not been effected by Secretary. environmental and historic preservation BNSF’s filing of a notice of [FR Doc. 04–21779 Filed 9–28–04; 8:45 am] matters must be filed within 15 days consummation by September 29, 2005, BILLING CODE 4915–01–P

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Corrections Federal Register Vol. 69, No. 188

Wednesday, September 29, 2004

This section of the FEDERAL REGISTER DEPARTMENT OF DEFENSE 2. On the same page, in the third contains editorial corrections of previously column, in the seventh line, ‘‘October published Presidential, Rule, Proposed Rule, Office of the Secretary 19, 2994’’ should read ‘‘October 19, and Notice documents. These corrections are 2004’’. prepared by the Office of the Federal Notice of Availability of the Ballistic Register. Agency prepared corrections are Missile Defense System Draft 3. On the same page, in the same issued as signed documents and appear in Programmatic Environmental Impact column, in the first full paragraph, in the appropriate document categories Statement the next to last line, ‘‘addressed’’ should elsewhere in the issue. read ‘‘addresses’’. Correction 4. On the same page, in the same In notice document 04–20813 column, under the ADDRESSES heading, beginning on page 56043 in the issue of in the eighth line, Friday, September 17, 2004 make the ‘‘mda.bmds,[email protected] ’’ following corrections: should read 1. On page 56043, in the second ‘‘[email protected]’’. column, under the SUMMARY heading, in the 14th line ‘‘MDBS’’ should read [FR Doc. C4–20813 Filed 9–28–04; 8:45 am] ‘‘BMDS’’. BILLING CODE 1505–01–D

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Part II

Department of Transportation Federal Aviation Administration

14 CFR Part 61 Picture Identification Requirements; Final Rule

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DEPARTMENT OF TRANSPORTATION 71, enacted on November 19, 2001, quick solution that is easily available required the Under Secretary of and does not incur additional expense. Federal Aviation Administration Transportation for Security to consider The Aircraft Owners and Pilots upgrading U.S. pilot certificates. Section Association noted that publishing this 14 CFR Part 61 109 (a)(6) of ATSA provided that the requirement as a direct final rule was Under Secretary, in consultation with the right action to address this security [Docket No. FAA–2002–11666; Amendment No. 61–107] the Administrator of the Federal issue. Aviation Administration, may ‘‘consider FAA’s Response: As noted in the final RIN 2120–AH76 whether to require all pilot licenses to rule, the FAA found that this incorporate a photograph of the license requirement was an ‘‘expeditious and Picture Identification Requirements holder and appropriate bio-metric cost effective measure that will provide imprints.’’ additional security through enhanced AGENCY: Federal Aviation In addition, the FAA received a identification of pilots exercising the Administration (FAA), DOT. petition from the Aircraft Owners and privileges of their certificate.’’ In ACTION: Disposition of comments on Pilots Association (AOPA), dated addition, TSA determined that the final rule. February 21, 2002. AOPA asked the security benefits of this rule must not be FAA to revise 14 CFR 61.3(a) and (l) to delayed and requested the FAA to adopt SUMMARY: On October 28, 2002, the FAA require a pilot to carry photo a final rule. revised the authority to exercise the identification while exercising the Comment: Some commenters, privileges of a pilot certificate to require privileges of the pilot certificate. The however, were highly critical of the a pilot to carry photo identification petition also requested that the FAA rule, stating the rule provides no acceptable to the Administrator. require a pilot to present that photo security benefits, but rather represents Additionally, the final rule required a identification when requested for an attempt by the FAA to look like we pilot certificate holder to present that inspection by an appropriate official. are addressing security concerns. photo identification when exercising the The AOPA pointed out in its petition FAA Response: The FAA disagrees privileges of the certificate. The rule that this solution would be far less with this comment. This pilot permits the Administrator, an costly and quicker to implement than identification rule adds another layer of authorized representative of the would any significant modification to security to the aviation system. This National Transportation Safety Board or the pilot certification system. The rule provides added protection against Transportation Security Administration, AOPA suggested the most commonly potential acts of terrorism in the or a law enforcement officer to inspect held form of photo identification is a aviation system by requiring pilots to the photo identification. These State driver’s license, which would produce a form of identification other requirements addressed pilot impose no additional cost to the pilot or than the pilot certificate, when asked by identification and pilot certificate to the Federal government. an appropriate official. This rule security concerns. The FAA responded to the AOPA on requires a form of pilot identity DATES: The final rule was effective on March 27, 2002, stating the proposal confirmation through a photo October 28, 2002. The closing date for ‘‘provides a positive short-term measure identification. comments on the final rule was to enhance security throughout the Comment: Other commenters said the November 27, 2002. general aviation community.’’ The FAA rule would be ineffective because ADDRESSES: You may examine the also acknowledged that, while the anyone can obtain a falsified driver’s complete docket for the final rule on proposal was a good interim measure, it license. pilot picture identification at the Docket did not fully address the concerns of FAA Response: Although this rule Management System (DMS). DMS is ATSA or requirements of the Federal does not address security concerns with located at the U.S. Department of Aviation Administration Drug the various types of identification that Transportation, 400 Seventh Street, SE., Enforcement Assistance Act of 1988 may be used to comply with this rule, Room 401, Plaza Level, Washington, DC (DEA Act). The FAA also stated that it the FAA recognizes that each 20590–0001. Hours are 9 a.m. to 5 p.m., would continue to work with the identification has an authority working Monday–Friday, except Federal Transportation Security Administration to maintain a secure identification. holidays. You may also access the (TSA) to determine what further actions Comment: One commenter noted that docket electronically at http:// need to be taken to improve the pilot profiling would provide more security dms.dot.gov. A ‘‘Simple Search’’ on certification process. The TSA, benefits than this rule. Another docket number 11666 will provide a list recognizing ongoing security concerns commenter suggested fingerprinting or of all comments as well as a copy of the regarding the use of an aircraft to laser-scanned identification instead of final rule and this disposition conduct terrorist acts within the United this rule. document. States, requested the FAA to issue a FAA Response: As stated in the final rule, immediately effective, NPRM, the FAA adopted this rule as an FOR FURTHER INFORMATION CONTACT: John adopting the AOPA proposal as an interim measure to implement security Lynch, Certification Branch, AFS–840, interim measure. Thus, on October 28, measures concerning the pilot General Aviation and Commercial 2002, the final rule for pilot picture certificate. Measures such as profiling of Division, Flight Standards Service, identification was published and pilots or more sophisticated methods of Federal Aviation Administration, 800 effective on that date. identification, like fingerprinting, are Independence Avenue SW., long term broad security measures that Washington, DC 20591, telephone (202) Discussion of Comments Received on are beyond the scope of this rule. 267–3844. the Final Rule However, the FAA continues to SUPPLEMENTARY INFORMATION: Comment: Many commenters consider various types of long term expressed overall support for the rule as security measures. Background a necessary, low-cost first step in Comment: Several commenters The Aviation and Transportation increasing security by identifying pilots. suggested that the current rule provides Security Act (ATSA), Public Law 107– Individuals applauded the FAA for a little or no security benefit and urged

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the FAA to require a photograph on the measure, and the FAA is considering have prevented the September 11 pilot certificate. These commenters various security options associated with terrorist attacks because terrorists would noted that states require photo the new plastic identification certificate. have some form of photo identification identification for driver’s licenses and In addition, the new airman certificate, with them. They stated that more than there is very little cost to the public for partially addresses some of the concerns a year has passed since the terrorist these identifications. in the DEA Act and ATSA. attacks, and there has been no terrorist FAA Response: The FAA recognizes Comment: One commenter suggested attacks in general aviation. Yet another the need for additional security the FAA extend this rule to other crew commentator stated that it is virtually measures associated with the pilot members such as flight engineers or impossible to prevent acts of terrorism; certificate, thus, this rule was adopted navigators. it is up to the citizenry to be more as an interim measure. The FAA took a FAA Response: The FAA does not vigilant. permanent step in adding security plan to extend this rule to other FAA Response: The fact that time has features to the pilot certificate, by crewmembers at this time. passed since the terrorist attacks of replacing paper certificates with a new Comment: One commenter suggested September 11, does not mean the FAA plastic identification card that contains including the immigration status of a can afford to relax its security measures. additional security features. pilot/flight instructor along with the The FAA agrees with the commenter Comment: One commenter asked pilot’s authority to work in the U.S. that a vigilant citizenry is important to whether a security guard at an airport is FAA Response: Although the new prevent acts of terrorism. However, the authorized under 61.3(a)(2) to ask for pilot certificate may be capable of FAA will continue to examine and pilot identification. containing many different security implement security measures, with the FAA Response: A security guard features, the FAA does not plan at this advice of the TSA, to carry out all could be authorized to ask for pilot time to include a pilot’s immigration or reasonable measures to ensure the identification under 61.3(a)(2), if state or authority to work status in the security of the aviation system in the local law enforcement authorities have certificate. United States. delegated duties to that security guard Comment: Several commenters were Comment: One commenter calls the and the pilot is executing the privileges concerned that it may be difficult for final rule an invasion of privacy because of the airman certificate. student pilots under the age of 16 to it contradicts a long-standing policy that Comment: Several commenters, comply with this rule because such the U.S. government will not require including the Air Line Pilots students may not possess a driver’s private citizens to carry identification. Association, International (ALPA), license. Commenters also suggested FAA Response: This rule does not International Brotherhood of Teamsters these individuals are unlikely to have a constitute an invasion of privacy. This (IBT), and the New York State Office of passport or other Government rule only applies to those individuals Public Security, commented that this identification that would comply with who seek to exercise the privileges of a rule may serve as an interim measure, this rule. pilot certificate, that privilege now but the rule does not meet the intent of FAA Response: Section 61.3(a)(2) has includes the obligation to identify either the DEA Act or ATSA. These several options for meeting the oneself for security purposes. commenters urged the FAA to develop requirements of carrying a photo Comment: A pilot commented that and require an up-to-date, fraud- identification that matches the pilot immediate adoption of the rule was not resistant, means of pilot identification, certificate and showing the justified. This individual believes that similar to the identification card identification to the proper authorities. because the threat level designated by proposed in response to the DEA Act, The FAA believes it is not difficult for the Department of Homeland Security March 12, 1990 (55 FR 9270). ALPA students, even those under the age of 16, was lowered to ‘‘Elevated’’ and there supported the Department of to obtain an identification card that will have been no further terrorist attacks on Transportation’s Transportation Worker meet the requirements of this rule. For the U.S., aviation related or otherwise, Identification Card (TWIC). example, the Department of Motor since September 11, 2001, the public FAA Response: Since the issuance of vehicles for many states issue photo should have been given notice and the the final rule on pilot picture identification cards to individuals under opportunity to comment before final identification, the FAA has responded the age of 16 or otherwise not eligible action was taken. This commenter to many of these suggestions by for a driver’s license. For further believes that for purposes of the notice replacing the current paper pilot information contact your local and comment requirements of the certificate with a plastic credit-card Department of Motor Vehicles or visit Administrative Procedures Act (APA) sized certificate that incorporate http://www.dmv.org and click on the FAA’s partial adoption of the AOPA security features. The FAA issues new identification cards. petition circumvented the rulemaking certificates as pilots earn additional Comment: One commenter stated that process. ratings, replace a certificate, or request the rule is unnecessary because each FAA Response: Federal agencies are a new certificate. Pilots who seek a pilot is already required to carry with allowed to issue final rules without replacement certificate, may obtain one his/her pilot certificate a current comment under section 553 of the APA by submitting an application with a $2 medical certificate which has that when a comment period is ‘‘impractical fee to Flight Standards Service, Airmen pilot’s height, weight, hair color, eye or contrary to public interest.’’ In this Certification Branch, AFS–760, FAA, color, etc. case, the FAA was responding to TSA’s P.O. Box 25082, Oklahoma City, FAA Response: While a medical request to issue a regulation to help Oklahoma, 73125 (telephone: (405) 954– certificate does include the listed prevent the use of aircraft in terrorist 3205). The FAA recognizes that its new physical descriptions, one description acts. As noted in both the NPRM and plastic pilot certificate does not could fit many people. The photo makes final rule, the FAA did not adopt the establish a combined photo it readily apparent whether or not the AOPA petition in its entirety. The TSA identification and pilot certificate at this medical certificate actually matches the determined immediate adoption point. However, as previously stated, photo and thus identifies the person. without notice and comment was in the the ‘‘Picture Identification Comment: Several individuals public interest, and the FAA followed Requirements’’ final rule is an interim commented that this rule would not that determination.

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Comment: Several individuals passport or does it include official issued by a foreign country, the pilot commented that their state does not passports issued by foreign does not have to comply with this rule. include a photo as part of the driver’s governments. Such operations are permitted under license. One individual commented that FAA Response: The intent of ‘‘official 61.1(a)(1), where the pilot is operating he has no identification that includes a passport’’ in 61.1(a)(2)(iv) was to the aircraft under the authority of a pilot photo. include passports issued by the U.S. certificate issued by the country in FAA Response: The FAA believes it is government or any travel document which the aircraft is being operated. If not difficult for pilots to obtain an issued by a competent authority the foreign pilot is relying on a U.S. identification card that will meet the showing the bearer’s origin, identity and pilot certificate, the pilot must comply requirements of this rule. If a pilot is not nationality, if any, which is valid for the with 61.1(a)(2). eligible for one of the acceptable admission of the bearer into a foreign Comment: One commenter asked methods of identification permitted by country. whether a foreign pilot is subject to this the rule, the pilot may submit a request Comment: Several individuals rule when operating any aircraft in the for an exemption pursuant to 14 CFR commented on the effect of this rule on U.S. 11.63. foreign persons holding a U.S. pilot FAA Response: This rule applies to Comment: Another individual certificate. One commenter asked pilots exercising the privileges of a U.S. commented that the cost of the new rule whether this rule is intended to apply pilot certificate. The registration or is not necessarily minimal. The outside the U.S. because this rule location of the aircraft the pilot is commenter stated that if each of the applies to ‘‘U.S. registered aircraft,’’ operating does not determine whether a existing 600,000 pilots in the United including aircraft operated outside of pilot must comply with this rule. States had to purchase some form of the U.S. The commenter is concerned government identification, estimated at that pilots operating U.S. registered Conclusion $17.00 per pilot, the cost of the rule aircraft outside the U.S. will only be After consideration of the comments would be $10,200,000. able to comply with this rule if they submitted in response to the final rule, FAA Response: The FAA believes that have an official passport or another form the FAA has determined that no further the vast majority of pilots will have of identification the Administrator rulemaking action is necessary. government identification cards that found acceptable. Amendment 61–107 remains in effect as meet the requirements of this rule. The FAA Response: Foreign pilots adopted. FAA anticipates most pilots will have operating U.S. registered aircraft outside either a driver’s license with a picture the U.S. will only have to comply with Issued in Washington, DC on September or a passport. Therefore, the cost to 61.3(a)(2) when such pilots are 20, 2004. pilots is anticipated to be minimal. executing the privileges of a U.S. airman Marion C. Blakey, Comment: One commenter asked certificate. If the foreign pilot is Administrator. whether ‘‘official passport’’ in operating the U.S. registered aircraft [FR Doc. 04–21533 Filed 9–28–04; 8:45 am] 61.1(a)(2)(iv) means a U.S. official under the authority of a certificate BILLING CODE 4910–13–P

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Part III

Department of the Interior Fish and Wildlife Service

50 CFR Part 20 Migratory Bird Hunting; Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2004–05 Late Season; Final Rule

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DEPARTMENT OF THE INTERIOR rights, and for some tribes, recognition year and have a primary emphasis on of their authority to regulate hunting by waterfowl. Fish and Wildlife Service both tribal members and nonmembers Status of Populations on their reservations. The guidelines 50 CFR Part 20 include possibilities for: In the August 17 proposed rule, we reviewed the status for various RIN 1018–AT53 (1) On-reservation hunting by both tribal members and nonmembers, with populations for which seasons were Migratory Bird Hunting; Regulations hunting by nontribal members on some proposed. This information included on Certain Federal Indian Reservations reservations to take place within Federal brief summaries of the May Breeding and Ceded Lands for the 2004–05 Late frameworks but on dates different from Waterfowl and Habitat Survey and Season those selected by the surrounding population status reports for blue- State(s); winged teal, sandhill cranes, woodcock, AGENCY: Fish and Wildlife Service, (2) On-reservation hunting by tribal mourning doves, white-winged doves, Interior. members only, outside of usual Federal white-tipped doves, and band-tailed ACTION: Final rule. frameworks for season dates and length, pigeons. The tribal seasons established and for daily bag and possession limits; below are commensurate with the SUMMARY: This rule prescribes special and population status. late-season migratory bird hunting (3) Off-reservation hunting by tribal regulations for certain tribes on Federal Comments and Issues Concerning members on ceded lands, outside of Tribal Proposals Indian reservations, off-reservation trust usual framework dates and season lands, and ceded lands. This rule length, with some added flexibility in For the 2004–05 migratory bird responds to tribal requests for U.S. Fish daily bag and possession limits. hunting season, we proposed and Wildlife Service (hereinafter In all cases, the regulations regulations for 30 tribes and/or Indian Service or we) recognition of their established under the guidelines must groups that followed the 1985 authority to regulate hunting under be consistent with the March 10– guidelines and were considered established guidelines. This rule allows September 1 closed season mandated by appropriate for final rulemaking. Some the establishment of season bag limits the 1916 Migratory Bird Treaty with of the proposals submitted by the tribes and, thus, harvest at levels compatible Canada. had both early- and late-season with populations and habitat In a proposed rule published in the elements. However, as noted earlier, conditions. March 22, 2004, Federal Register (69 FR only those with late-season proposals are included in this final rulemaking; 20 DATES: This rule takes effect on 13440), we requested that tribes desiring September 25, 2004. special hunting regulations in the 2004– tribes have proposals with late seasons. Proposals are addressed in the following ADDRESSES: 05 hunting season submit a proposal You may inspect comments section. The comment period for the on the special hunting regulations and including details on: (a) Harvest anticipated under the proposed rule, published on August 17, tribal proposals during normal business 2004, closed on August 27, 2004, hours in room 4107, Arlington Square requested regulations; (b) Methods that would be employed however, we did not receive any Building, 4501 N. Fairfax Drive, to measure or monitor harvest (such as comments. Arlington, Virginia. bag checks, mail questionnaires, etc.); NEPA Consideration FOR FURTHER INFORMATION CONTACT: Ron (c) Steps that would be taken to limit W. Kokel, Division of Migratory Bird the level of harvest, where it could be Pursuant to the requirements of Management, U.S. Fish and Wildlife shown that failure to limit the harvest section 102(2)(C) of the National Service, ((703) 358–1967). would adversely impact the migratory Environmental Policy Act of 1969 (42 SUPPLEMENTARY INFORMATION: The bird resource; and U.S.C. 4332(C)), the ‘‘Final Migratory Bird Treaty Act of July 3, (d) Tribal capabilities to establish and Environmental Statement for the 1918 (40 Stat. 755; 16 U.S.C. 703 et enforce migratory bird hunting Issuance of Annual Regulations seq.), authorizes and directs the regulations. Permitting the Sport Hunting of Secretary of the Department of the No action is required if a tribe wishes Migratory Birds (FES–75–74)’’ was filed Interior, having due regard for the zones to observe the hunting regulations with the Council on Environmental of temperature and for the distribution, established by the State(s) in which an Quality on June 6, 1975, and notice of abundance, economic value, breeding Indian reservation is located. We have availability was published in the habits, and times and lines of flight of successfully used the guidelines since Federal Register on June 13, 1975 (40 migratory game birds, to determine the 1985–86 hunting season. We FR 25241). A supplement to the final when, to what extent, and by what finalized the guidelines beginning with environmental statement, the ‘‘Final means such birds or any part, nest or the 1988–89 hunting season (August 18, Supplemental Environmental Impact egg thereof may be taken, hunted, 1988, Federal Register (53 FR 31612)). Statement: Issuance of Annual captured, killed, possessed, sold, Although the August 17 proposed rule Regulations Permitting the Sport purchased, shipped, carried, exported or included generalized regulations for Hunting of Migratory Birds (SEIS 88– transported. both early- and late-season hunting, this 14)’’ was filed on June 9, 1988, and In a proposed rule published in the rulemaking addresses only the late- notice of availability was published in August 17, 2004, Federal Register (69 season proposals. Early-season the Federal Register on June 16, 1988 FR 51036), we proposed special proposals were addressed in a final rule (53 FR 22582), and June 17, 1988 (53 FR migratory bird hunting regulations for published in the September 3, 2004, 22727). Copies of these documents are the 2004–05 hunting season for certain Federal Register (69 FR 53990). As a available from us at the address Indian tribes, under the guidelines general rule, early seasons begin during indicated under ADDRESSES. In addition, described in the June 4, 1985, Federal September each year and have a primary an August 1985 Environmental Register (50 FR 23467). The guidelines emphasis on such species as mourning Assessment titled ‘‘Guidelines for respond to tribal requests for Service and white-winged dove. Late seasons Migratory Bird Hunting Regulations on recognition of their reserved hunting begin about September 24 or later each Federal Indian Reservations and Ceded

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Lands’’ is available from the same regulations on small business entities in (expires 10/31/2004). This information address. detail as part of the 1981 cost-benefit is used to provide a sampling frame for analysis discussed under Executive voluntary national surveys to improve Endangered Species Act Considerations Order 12866. This analysis was revised our harvest estimates for all migratory Section 7 of the Endangered Species annually from 1990 through 1995. In game birds in order to better manage Act, as amended (16 U.S.C. 1531–1543; 1995, the Service issued a Small Entity these populations. OMB has also 87 Stat. 884), provides that, ‘‘The Flexibility Analysis (Analysis), which approved the information collection Secretary shall review other programs was subsequently updated in 1996, requirements of the Sandhill Crane administered by him and utilize such 1998, and 2004. The primary source of Harvest Questionnaire and assigned programs in furtherance of the purposes information about hunter expenditures clearance number 1018–0023 (expires of this Act’’ (and) shall ‘‘insure that any for migratory game bird hunting is the 10/31/2004). The information from this action authorized, funded or carried out National Hunting and Fishing Survey, survey is used to estimate the * * * is not likely to jeopardize the which is conducted at 5-year intervals. magnitude and the geographical and continued existence of any endangered The 2004 Analysis was based on the temporal distribution of harvest, and the species or threatened species or result in 2001 National Hunting and Fishing portion it constitutes of the total the destruction or adverse modification Survey and the U.S. Department of population. A Federal agency may not of [critical] habitat * * * ’’ Commerce’s County Business Patterns, conduct or sponsor, and a person is not Consequently, we conducted from which it was estimated that required to respond to, a collection of consultations to ensure that actions migratory bird hunters would spend information unless it displays a resulting from these regulations would between $481 million and $1.2 billion at currently valid OMB control number. not likely jeopardize the continued small businesses in 2004. Copies of the existence of endangered or threatened Analysis are available upon request Unfunded Mandates Reform Act species or result in the destruction or from the address indicated under We have determined and certify, in adverse modification of their critical ADDRESSES or from our Web site at http:/ compliance with the requirements of the habitat. Findings from these /www.migratorybirds.gov. Unfunded Mandates Reform Act, 2 consultations are included in a U.S.C. 1502 et seq., that this rulemaking Energy Effects—Executive Order 13211 biological opinion and may have caused will not ‘‘significantly or uniquely’’ modification of some regulatory On May 18, 2001, the President issued affect small governments, and will not measures previously proposed. The Executive Order 13211 on regulations produce a Federal mandate of $100 final frameworks reflect any that significantly affect energy supply, million or more in any given year on modifications. Our biological opinions distribution, and use. Executive Order local or State government or private resulting from this Section 7 13211 requires agencies to prepare entities. Therefore, this rule is not a consultation are public documents Statements of Energy Effects when ‘‘significant regulatory action’’ under available for public inspection in the undertaking certain actions. This rule is the Unfunded Mandates Reform Act. Service’s Division of Endangered not expected to adversely affect energy Species and MBM, at the address supplies, distribution, or use. Therefore, Civil Justice Reform—Executive Order indicated under ADDRESSES. this action is not a significant energy 12988 action and no Statement of Energy The Department, in promulgating this Executive Order 12866 Effects is required. rule, has determined that it will not The migratory bird hunting unduly burden the judicial system and Small Business Regulatory Enforcement regulations are economically significant meets the requirements of sections 3(a) Fairness Act and were reviewed by the Office of and 3(b)(2) of Executive Order 12988. Management and Budget (OMB) under The annual migratory bird hunting Executive Order 12866. As such, a cost/ regulations constitute a major rule Takings Implication Assessment benefit analysis was initially prepared under 5 U.S.C. 804(2), the Small In accordance with Executive Order in 1981. This analysis was subsequently Business Regulatory Enforcement 12630, the annual migratory bird revised annually from 1990–1996, and Fairness Act. For the reasons outlined hunting rules, authorized by the then updated in 1998. We have updated above, this series of rules has an annual Migratory Bird Treaty Act, do not have again this year. It is further discussed effect on the economy of $100 million significant takings implications and do below under the heading Regulatory or more. However, because these rules not affect any constitutionally protected Flexibility Act. Results from the 2004 establish hunting seasons, we do not property rights. These rules will not analysis indicate that the expected plan to defer the effective date of this result in the physical occupancy of welfare benefit of the annual migratory rule under the exemption contained in property, the physical invasion of bird hunting frameworks is on the order 5 U.S.C. 808 (1), and this rule will be property, or the regulatory taking of any of $734 million to $1.064 billion, with effective immediately. property. In fact, these rules allow a midpoint estimate of $899 million. hunters to exercise privileges that Paperwork Reduction Act Copies of the cost/benefit analysis are would be otherwise unavailable; and, available upon request from the address We examined these regulations under therefore, reduce restrictions on the use indicated under ADDRESSES or from our the Paperwork Reduction Act of 1995. of private and public property. Web site at http:// We utilize the various recordkeeping Federalism Effects www.migratorybirds.gov. and reporting requirements imposed under regulations established in 50 CFR Due to the migratory nature of certain Regulatory Flexibility Act part 20, Subpart K, in the formulation of species of birds, the Federal These regulations have a significant migratory game bird hunting Government has been given economic impact on substantial regulations. Specifically, OMB has responsibility over these species by the numbers of small entities under the approved the information collection Migratory Bird Treaty Act. We annually Regulatory Flexibility Act (5 U.S.C. 601 requirements of the Migratory Bird prescribe frameworks from which the et seq.). We analyzed the economic Harvest Information Program and States make selections and employ impacts of the annual hunting assigned clearance number 1018–0015 guidelines to establish special

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regulations on Federal Indian insufficient time to communicate these mourning doves. Possession limits are reservations and ceded lands. This seasons to their member and nontribal twice the daily bag limits. process preserves the ability of the hunters and to establish and publicize Ducks (Including Mergansers) States and tribes to determine which the necessary regulations and seasons meet their individual needs. procedures to implement their Season Dates: Open October 16, 2004, Any State or tribe may be more decisions. We, therefore, find that ‘‘good close January 30, 2005. restrictive than the Federal frameworks cause’’ exists, within the terms of 5 Daily Bag and Possession Limits: at any time. The frameworks are U.S.C. 553(d)(3) of the Administrative Seven ducks, including two hen developed in a cooperative process with Procedure Act, and these regulations mallards, two redheads, two Mexican the States and the Flyway Councils. will take effect immediately upon ducks, two goldeneye, two cinnamon This allows States to participate in the publication. teal, and four scaup. The seasons on development of frameworks from which Therefore, under the authority of the canvasback and pintail are closed. The they will make selections, thereby Migratory Bird Treaty Act of July 3, possession limit is twice the daily bag having an influence on their own 1918, as amended (40 Stat. 755; 16 limit. regulations. These rules do not have a U.S.C. 703 et seq.), we prescribe final substantial direct effect on fiscal hunting regulations for certain tribes on Coots and Common Moorhens capacity, change the roles or Federal Indian reservations (including Season Dates: Same as ducks. responsibilities of Federal or State off-reservation trust lands), and ceded governments, or intrude on State policy lands. The regulations specify the Daily Bag and Possession Limits: 25 or administration. Therefore, in species to be hunted and establish coots and common moorhens, singly or accordance with Executive Order 13132, season dates, bag and possession limits, in the aggregate. these regulations do not have significant season length, and shooting hours for Geese federalism effects and do not have migratory game birds. sufficient federalism implications to Season Dates: Open October 23, 2004, warrant the preparation of a federalism List of Subjects in 50 CFR Part 20 close January 30, 2005. assessment. Exports, Hunting, Imports, Reporting Daily Bag and Possession Limits: Government-to-Government and recordkeeping requirements, Three geese, including no more than Relationship With Tribes Transportation, Wildlife. three dark (Canada) geese and three I white (snow, blue, Ross’s) geese. The Due to the migratory nature of certain Accordingly, part 20, subchapter B, possession limit is six dark geese and species of birds, the Federal chapter I of Title 50 of the Code of six white geese. Government has been given Federal Regulations is amended as responsibility over these species by the follows: General Conditions: A valid Colorado Migratory Bird Treaty Act. Thus, in River Indian Reservation hunting permit PART 20—[AMENDED] accordance with the President’s is required for all persons 14 years and memorandum of April 29, 1994, I 1. The authority citation for part 20 older and must be in possession before ‘‘Government-to-Government Relations continues to read as follows: taking any wildlife on tribal lands. Any with Native American Tribal person transporting game birds off the Authority: 16 U.S.C. 703–712 and 16 Colorado River Indian Reservation must Governments’’ (59 FR 22951), November U.S.C. 742 a–j, Pub. L. 106–108. 6, 2000, (3 CFR 2000 Comp., p. 304), have a valid transport declaration form. Executive Order 13175, and 512 DM 2, Note: The following hunting regulations Other tribal regulations apply, and may we have evaluated possible effects on provided for by 50 CFR 20.110 will not be obtained at the Fish and Game Office appear in the Code of Federal Regulations in Parker, Arizona. Federally recognized Indian tribes and because of their seasonal nature. have determined that there are no (b) Confederated Salish and Kootenai effects on Indian trust resources. I 2. Section 20.110 is amended by Tribes, Flathead Indian Reservation, However, by virtue of the tribal revising paragraphs (a), (b), (c), (g), (i), Pablo, Montana (Tribal Members and proposals received in response to the (m), (n), (o), (r), (s), (t) and (v) and by Nontribal Hunters) March 22 request for proposals and the adding paragraphs (w) through (dd) to August 8 proposed rule, we have read as set forth below. (Current § 20.110 Tribal Members Only consulted with all the tribes affected by was published at 69 FR 53990, Ducks (Including Mergansers) this rule. September 3, 2004.) Season Dates: Open September 1, Regulations Promulgation § 20.110 Seasons, limits, and other 2004, close March 9, 2005. regulations for certain Federal Indian The rulemaking process for migratory Daily Bag and Possession Limits: The game bird hunting must, by its nature, reservations, Indian Territory, and ceded lands. Tribe does not have specific bag and operate under severe time constraints. possession restrictions for Tribal However, we intend that the public be (a) Colorado River Indian Tribes, members. The season on harlequin duck given the greatest possible opportunity Parker, Arizona (Tribal Members and is closed. to comment on the regulations. Thus, Nontribal Hunters) when the preliminary proposed Coots Doves rulemaking was published, we Season Dates: Same as ducks. established what we believed were the Season Dates: Open September 1, longest periods possible for public close September 15, 2004; then open Daily Bag and Possession Limits: comment. In doing this, we recognized November 12, close December 26, 2004. Same as ducks. that when the comment period closed, Daily Bag and Possession Limits: For Geese time would be of the essence. That is, the early season, daily bag limit is 10 if there were a delay in the effective date mourning or 10 white-winged doves, Season Dates: Same as ducks. of these regulations after this final singly, or in the aggregate. For the late Daily Bag and Possession Limits: rulemaking, the tribes would have season, the daily bag limit is 10 Same as ducks.

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Nontribal Hunters Doves (g) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal Members and Ducks (Including Mergansers) Season Dates: Open September 1, Nontribal Hunters) Pintails and Canvasbacks: Open close October 30, 2004. October 2, close November 30, 2004. Daily Bag Limit: 15 mourning doves. Nontribal Hunters on Reservation Other ducks: Open October 2, 2004, Permits: Each person participating in Ducks close January 14, 2005. the sandhill crane season must have a valid Federal sandhill crane hunting Season Dates: Open September 25, Daily Bag and Possession Limits: 2004, close January 31, 2005. During Seven ducks, including no more than permit in his or her possession while hunting. this period, days to be hunted are two hen mallards, one pintail (when specified by the Kalispel Tribe as open), four scaup, and two redheads. Ducks weekends, holidays, and for a The season on canvasback is closed. The continuous period in the months of possession limit is twice the daily bag Pintail and Canvasback: Open October 2, close November 10, 2004. October and November, not to exceed limit. 107 days total. Nontribal hunters should Other ducks: Open October 2, close contact the Tribe for more detail on Coots December 14, 2004. hunting days. Daily Bag and Possession Limits: Six Season Dates: Same as ducks. Daily Bag and Possession Limits: 7 ducks, including no more than five Daily Bag and Possession Limits: The ducks, including no more than 2 female mallards (including no more than two daily bag and possession limit is 25. mallards, 4 scaup, and 2 redheads. The female mallards), two redheads, one seasons on canvasbacks and pintail are Geese pintail (when open), three scaup, and closed. The possession limit is twice the two wood ducks. The season on Dark Geese daily bag limit. canvasbacks is closed. The possession Season Dates: Open October 2, 2004, limit is twice the daily bag limit. Geese close January 14, 2005. Daily Bag and Possession Limits: Four Mergansers Season Dates: Open September 1, and eight geese, respectively. Season Dates: Same as ducks. close September 15, 2004, for the early- season, and open October 1, 2004, close Light Geese Daily Bag and Possession Limits: Five January 31, 2005, for the late-season. mergansers, including no more than one Season Dates: Open October 2, 2004, During this period, days to be hunted hooded merganser. The possession limit are specified by the Kalispel Tribe. close January 14, 2005. is twice the daily bag limit. Daily Bag and Possession Limits: Nontribal hunters should contact the Three and six geese, respectively. Canada Geese Tribe for more detail on hunting days. Daily Bag and Possession Limits: 5 Youth Waterfowl Hunt Season Dates: Open October 16, 2004, close January 18, 2005. and 10, respectively, for the early Season Dates: September 25–26, 2004. season, and 3 light geese and 4 dark Daily Bag and Possession Limits: geese, for the late season. The daily bag Daily Bag and Possession Limits: Three and six, respectively. Same as ducks but includes one pintail. limit is 2 brant and is in addition to dark goose limits for the late-season. General Conditions: Tribal members White-Fronted Geese The possession limit is twice the daily and Nontribal hunters must comply Season Dates: Open September 25, bag limit. with all basic Federal migratory bird close December 19, 2004. hunting regulations contained in 50 CFR Daily Bag and Possession Limits: Two Tribal Hunters Within Kalispel Ceded part 20 regarding manner of taking. In and four, respectively. Lands addition, shooting hours are sunrise to Ducks sunset, and each waterfowl hunter 16 Light Geese years of age or older must carry on his/ Season Dates: Open September 25, Season Dates: Open September 1, her person a valid Migratory Bird close December 30, 2004. 2004, close January 31, 2005. Hunting and Conservation Stamp (Duck Daily Bag and Possession Limits: 20 Daily Bag and Possession Limits: 7 Stamp) signed in ink across the stamp geese daily, no possession limit. ducks, including no more than 2 female face. Special regulations established by General Conditions: The waterfowl mallards, 4 scaup, and 2 redheads. The the Confederated Salish and Kootenai seasons on canvasbacks and pintail are Tribes also apply on the reservation. hunting regulations established by this final rule apply only to tribal and trust closed. The possession limit is twice the (c) Crow Creek Sioux Tribe, Crow lands within the external boundaries of daily bag limit. Creek Indian Reservation, Fort the reservation. Tribal and nontribal Geese Thompson, South Dakota (Tribal hunters must comply with basic Federal Members and Nontribal Hunters) migratory bird hunting regulations in 50 Season Dates: Open September 1, 2004, close January 31, 2005. Sandhill Cranes CFR part 20 regarding shooting hours and manner of taking. In addition, each Daily Bag Limit: 3 light geese and 4 Season Dates: Open September 11, waterfowl hunter 16 years of age or over dark geese. The daily bag limit is 2 brant close October 17, 2004. must carry on his/her person a valid and is in addition to dark goose limits. Daily Bag Limit: Three sandhill Migratory Bird Hunting and General: Tribal members must possess cranes. Conservation Stamp (Duck Stamp) a validated Migratory Bird Hunting and Permits: Each person participating in signed in ink across the stamp face. Conservation Stamp and a tribal ceded the sandhill crane season must have a Special regulations established by the lands permit. Hunters must observe all valid Federal sandhill crane hunting Crow Creek Sioux Tribe also apply on State and Federal regulations, such as permit in his or her possession while the reservation. those contained in 50 CFR part 20. hunting. * * * * * * * * * *

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(i) Little River Band of Ottawa Indians, the opening day of the season, when the (n) Oneida Tribe of Indians of Manistee, Michigan (Tribal Members possession limit equals the daily bag Wisconsin, Oneida, Wisconsin (Tribal Only) limit, unless otherwise noted above. Members Only) Ducks D. Tribal members hunting in Ducks (Including Mergansers) Michigan will comply with tribal codes Season Dates: Open September 15, Season Dates: Open September 25, 2004, close January 15, 2005. that contain provisions parallel to close November 19, 2004, and open Daily Bag and Possession Limits: 12 Michigan law regarding duck blinds and November 29, close December 5, 2004. ducks, including no more than 6 decoys. Daily Bag and Possession Limits: Six, mallards (only 3 of which may be a * * * * * including no more than six mallards hen), 6 scaup, 2 black duck, 2 redheads, (three hen mallards), five wood ducks, (m) Navajo Indian Reservation, 3 wood ducks, 2 canvasback, and 2 one redhead, two pintail, and one Window Rock, Arizona (Tribal pintail. The possession limit is twice the hooded merganser. The possession limit daily bag limit. Members and Nonmembers) is twice the daily bag limit. Mergansers Band-Tailed Pigeons Geese Season Dates: Same as ducks. Season Dates: Open September 1, Season Dates: Open September 1, Daily Bag and Possession Limits: Five close September 30, 2004. close November 19, 2004, and open mergansers, including no more than one Daily Bag and Possession Limits: 5 November 29, close December 31, 2004. hooded merganser. The possession limit and 10 pigeons, respectively. Daily Bag and Possession Limits: is twice the daily bag limit. Three and Six Canada geese, Canada Geese Mourning Doves respectively. Hunters will be issued three tribal tags for geese in order to Season Dates: Open September 1, Season Dates: Open September 1, monitor goose harvest. An additional close November 30, 2004, and open close September 30, 2004. three tags will be issued each time birds January 1, close February 8, 2005. Daily Bag and Possession Limits: 10 are registered. A season quota of 150 Daily Bag and Possession Limits: Five and 20 doves, respectively. birds is adopted. If the quota is reached Canada geese and possession limit is before the season concludes, the season twice the daily bag limit. Ducks (Including Mergansers) will be closed at that time. White-fronted Geese, Snow Geese, Ross’ Pintails and Canvasback: Open Woodcock Geese, and Brant September 25, close November 23, 2004. Season Dates: Open September 11, Season Dates: Open September 20, Other ducks: Open September 25, close November 14, 2004. close November 30, 2004. 2004, close January 9, 2005. Daily Bag and Possession Limits: 5 Daily Bag and Possession Limits: Five Daily Bag and Possession Limits: and 10 woodcock, respectively. birds and the possession limit is twice Seven ducks, including no more than the daily bag limit. Dove two hen mallards, one pintail (when Mourning Doves, Rails, Snipe, and open), one canvasback (when open), Season Dates: Open September 1, Woodcock four scaup, and two redheads. The close November 14, 2004. possession limit is twice the daily bag Daily Bag and Possession Limits: 10 Season Dates: Open September 1, and 20, respectively. close November 14, 2004. limit. General Conditions: Tribal member Daily Bag and Possession Limits: 10 Coots and Common Moorhens shooting hours are one-half hour before doves, 10 rails, 10 snipe, and 5 sunrise to one-half hour after sunset. woodcock. The possession limit is twice Season Dates: Same as ducks. Nontribal members hunting on the the daily bag limit. Daily Bag and Possession Limits: 25 Reservation or on lands under the General: jurisdiction of the Tribe must comply A. All tribal members are required to coots and moorhens, singly or in the with all State of Wisconsin regulations, obtain a valid tribal resource card and aggregate. including season dates, shooting hours, 2004–05 hunting license. Dark Geese and bag limits which differ from tribal B. Except as modified by the Service member seasons. Tribal members and rules adopted in response to this Season Dates: Open September 25, nontribal members hunting on the proposal, these amended regulations 2004, close January 9, 2005. Reservation or on lands under the parallel all Federal regulations Daily Bag and Possession Limits: Four jurisdiction of the Tribe will observe all contained in 50 CFR part 20. and eight geese, respectively. C. Particular regulations of note basic Federal migratory bird hunting include: General Conditions: Tribal and regulations found in 50 CFR part 20, (1) Nontoxic shot will be required for nontribal hunters will comply with all with the following exceptions: tribal all waterfowl hunting by tribal basic Federal migratory bird hunting members are exempt from the purchase members. regulations in 50 CFR part 20, regarding of the Migratory Waterfowl Hunting and (2) Tribal members in each zone will shooting hours and manner of taking. In Conservation Stamp (Duck Stamp); and comply with tribal regulations addition, each waterfowl hunter 16 shotgun capacity is not limited to three providing for closed and restricted years of age or over must carry on his/ shells. waterfowl hunting areas. These her person a valid Migratory Bird (o) Skokomish Tribe, Shelton, regulations generally incorporate the Hunting and Conservation Stamp (Duck Washington (Tribal Members Only) same restrictions contained in parallel Stamp) signed in ink across the stamp State regulations. face. Special regulations established by Ducks and Mergansers (3) Possession limits for each species the Navajo Nation also apply on the Season Dates: Open September 16, are double the daily bag limit, except on reservation. close December 31, 2004.

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Daily Bag and Possession Limits: Geese Tribes’ Ordinance No. 67, must possess Seven ducks, including no more than Season Dates: Open September 15, a valid Federal Migratory Bird Hunting two hen mallards, one pintail, one 2004, and close February 29, 2005. and Conservation Stamp and a valid canvasback, one harlequin, and two Daily Bag and Possession Limits: 7 State of Washington Migratory redheads. Possession limit is twice the and 14 geese, respectively; except that Waterfowl Stamp. Both stamps must be daily bag limit. the bag limits may not include more validated by signing across the face of the stamp. Other tribal regulations Geese than 2 brant and 1 cackling Canada goose. The Tribes also set a maximum apply, and may be obtained at the tribal Season Dates: Open September 16, office in Marysville, Washington. close December 31, 2004. annual bag limit of 365 ducks and 365 Daily Bag and Possession Limits: Four geese for those tribal members who (s) Upper Skagit Indian Tribe, Sedro geese, and may include no more than engage in subsistence hunting. Woolley, Washington (Tribal Members three light geese. The season on Snipe Only) Aleutian Canada geese is closed. Ducks Possession limit is twice the daily bag Season Dates: Open September 15, Season Dates: Open November 1, limit. 2004, close February 29, 2005. Daily Bag and Possession Limits: 8 2004, close February 8, 2005. Brant and 16, respectively. Daily Bag and Possession Limits: 15 and 20, respectively. The season on Season Dates: Open November 1, Nontribal Hunters 2004, close March 10, 2005. canvasbacks is closed. Ducks Daily Bag and Possession Limits: Two Coots brant. Possession limit is twice the daily Pintails: The season on pintails is the Season Dates: Open November 1, bag limit. same as that established by the State of 2004, close February 8, 2005. Coots Washington, under final Federal Daily Bag and Possession Limits: 20 frameworks, to be announced. and 30, respectively. Season Dates: Open September 16, Other ducks: Open October 12, 2004, close December 31, 2004. close January 26, 2005. Geese Daily Bag Limits: 25 coots. Daily Bag and Possession Limits: Season Dates: Open November 1, Mourning Doves Seven ducks, including no more than 2004, close February 8, 2005. Season Dates: Open September 16, two hen mallards, one pintail (when Daily Bag and Possession Limits: The close December 31, 2004. open), four scaup, and two redheads. daily bag limits are seven geese and five Daily Bag and Possession Limits: 10 The season on canvasbacks is closed. brant. The possession limits for geese and 20 doves, respectively. The possession limit is twice the daily and brant are 10 and 7, respectively. bag limit. Snipe Mourning Dove Coots Season Dates: Open September 16, Season Dates: Open September 1, end close December 31, 2004. Season Dates: Same as ducks. December 31, 2004. Daily Bag and Possession Limits: 8 Daily Bag and Possession Limits: 25 Daily Bag and Possession Limits: 12 and 16 snipe, respectively. and 50, respectively and 15 mourning doves, respectively. Tribal members must have the tribal Band-Tailed Pigeon Geese identification and harvest report card on Season Dates: Open September 16, Season Dates: Open October 19, 2004, their person to hunt. Tribal members close December 31, 2004. close January 26, 2005. hunting on the Reservation will observe Daily Bag and Possession Limits: 2 Daily Bag and Possession Limits: Four all basic Federal migratory bird hunting and 4, respectively. geese, including four dark geese but no regulations found in 50 CFR, except General Conditions: All hunters more than three light geese. The shooting hours would be one-half hour authorized to hunt migratory birds on possession limit is twice the daily bag before official sunrise to one-half hour the reservation must obtain a tribal limit. after official sunset. hunting permit from the respective Brant (t) Wampanoag Tribe of Gay Head, Tribe. Hunters are also required to Aquinnah, Massachusetts (Tribal Season Dates: Open January 11, close adhere to a number of special Members Only) regulations available at the tribal office. January 26, 2005. * * * * * Daily Bag and Possession Limits: Two Teal and four brant, respectively. Season Dates: Open October 20, 2004, (r) Tulalip Tribes of Washington, Snipe close January 29, 2005. Tulalip Indian Reservation, Marysville, Daily Bag Limit: Six teal. Washington (Tribal Members and Season Dates: Open November 14, Nontribal Hunters) 2004, close February 28, 2005. Ducks Tribal Members Daily Bag and Possession Limits: 8 Season Dates: Open October 20, 2004, and 16, respectively. and close February 21, 2005. Ducks (Including Coots and Mergansers) General Conditions: All hunters on Daily Bag Limit: Six ducks, including Season Dates: Open September 15, Tulalip Tribal lands are required to no more than two hen mallards, two 2004, and close February 29, 2005. adhere to shooting hour regulations set black ducks, two mottled ducks, one Daily Bag and Possession Limits: 7 at one-half hour before sunrise to fulvous whistling duck, four and 14 ducks, respectively, except that sunset, special tribal permit mergansers, three scaup, one hooded bag and possession limits may include requirements, and a number of other merganser, two wood ducks, one no more than 2 female mallards, 1 tribal regulations enforced by the Tribe. canvasback, two redheads, and one pintail, 4 scaup, and 2 redheads. The Nontribal hunters 16 years of age and pintail. The season is closed for season on canvasbacks is closed. older, hunting pursuant to Tulalip harlequin ducks.

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Sea Ducks Canada Geese and 2 redheads. The possession limit is Season Dates: Open October 20, 2004, Season Dates: Open October 9, 2004, twice the daily bag limit. and close February 21, 2005. close January 30, 2005. The Band’s Conservation Department Daily Bag Limit: Seven ducks Bag and Possession Limits: Three and regulates nontribal harvest limits under including no more than four of any one six, respectively. the following regulations: (1) Nontribal species (only one of which may be a hen General Conditions: All nontribal hunters must be accompanied at all eider). hunters hunting band-tailed pigeons times by a Band Member guide; (2) and mourning doves on Reservation Nontribal hunters must have in their Geese lands shall have in their possession a possession a valid small game hunting Season Dates: Open September 11, valid White Mountain Apache Daily or license, a Federal migratory waterfowl close September 25, 2004, and open Yearly Small Game Permit. In addition stamp, and a Minnesota State waterfowl November 8, 2004, close February 21, to a small game permit, all nontribal stamp; (3) Nontribal hunters and Band 2005. hunters hunting band-tailed pigeons Members must have only Service- Daily Bag Limits: 5 Canada geese must have in their possession a White approved nontoxic shot in possession at during the first period, 3 during the Mountain Special Band-tailed Pigeon all times; (4) Nontribal hunters must second, and 15 snow geese. Permit. Other special regulations conform to possession limits established and regulated by the State of Minnesota Woodcock established by the White Mountain Apache Tribe apply on the reservation. and the Bois Forte Band. Season Dates: Open October 16, and Tribal and nontribal hunters will close November 30, 2004. (x) Jicarilla Apache Tribe, Jicarilla comply with all basic Federal migratory Indian Reservation, Dulce, New Mexico Daily Bag Limit: Three woodcock. bird hunting regulations in 50 CFR Part General Conditions: Shooting hours (Tribal Members and Nontribal 20 regarding shooting hours and manner are one-half hour before sunrise to Hunters) of taking. In addition, the area open to sunset. Nontoxic shot is required. Tribal waterfowl hunting in the above seasons Pintail and Canvasback members will observe all basic Federal consists of: the entire length of the Black migratory bird hunting regulations Season Dates: Open October 9, close River west of the Bonito Creek and contained in 50 CFR. November 30, 2004. Black River confluence and the entire * * * * * length of the Salt River forming the Other Ducks (Including Mergansers) (v) White Mountain Apache Tribe, Fort southern boundary of the reservation; Season Dates: Open October 9, close Apache Indian Reservation, Whiteriver, the White River, extending from the November 30, 2004. Arizona (Tribal Members and Nontribal Canyon Day Stockman Station to the Daily Bag and Possession Limits: The Hunters) Salt River; and all stock ponds located daily bag limit is seven, including no within Wildlife Management Units 4, 5, more than two hen mallards, one Band-tailed Pigeons (Wildlife 6, and 7. Tanks located below the pintail, one canvasback, two redheads, Management Unit 10 and Areas South Mogollon Rim, within Wildlife and four scaup. The possession limit is of Y–70 in Wildlife Management Unit 7, Management Units 2 and 3, will be open twice the daily bag limit. Only) to waterfowl hunting during the 2004– Canada Geese Season Dates: Open September 1, 05 season. The length of the Black River close September 15, 2004. east of the Black River/Bonito Creek Season Dates: Open October 9, close Daily Bag and Possession Limits: confluence is closed to waterfowl November 30, 2004. Three and six pigeons, respectively. hunting. All other waters of the Daily Bag and Possession Limits: Two reservation would be closed to and four, respectively. Mourning Doves (Wildlife Management waterfowl hunting for the 2004–05 General Conditions: Tribal and Unit 10 and Areas South of Y–70 in season. nontribal hunters must comply with all Wildlife Management Unit 7, Only) basic Federal migratory bird hunting Season Dates: Open September 1, (w) Bois Forte Band of Chippewa, Nett regulations in 50 CFR part 20 regarding close September 15, 2004. Lake, Minnesota (Tribal Members and shooting hours and manner of taking. In Daily Bag and Possession Limits: 10 Nontribal Hunters) addition, each waterfowl hunter 16 and 20 doves, respectively. Ducks years of age or older must carry on his/ Ducks (Including Mergansers) Pintails and Canvasbacks (For her person a valid Migratory Bird Hunting and Conservation Stamp (Duck Pintails and Canvasbacks: Open nontribal hunters only): Open September 27, close October 26, 2004. Stamp) signed in ink across the stamp October 9, close December 5, 2004. face. Special regulations established by Other ducks: Open October 9, 2004, Other ducks: Open September 27, close November 25, 2004, except the Jicarilla Tribe also apply on the close January 30, 2005. reservation. Daily Bag and Possession Limits: shooting hours on opening day and for Seven ducks, including no more than every hunting day for the remainder of (y) Klamath Tribe, Chiloquin, Oregon three mallards (including no more than the season would be one-half hour (Tribal Members Only) one hen mallard), two redheads, one before sunrise and continue to one-half Ducks canvasback (when open), and one hour after sunset for tribal members. pintail (when open). The possession Nontribal shooting hours will go from Season Dates: Open October 1, 2004, limit is twice the daily bag limit. one-half hour before sunrise to sunset close January 28, 2005. on reservation. Daily Bag and Possession Limits: 9 Coots, Moorhens and Gallinules Daily Bag Limits and Possession and 18 ducks, respectively. Season Dates: Same as ducks. Limits: The daily bag limit is 6 ducks, Daily Bag and Possession Limits: 25 including no more than 4 mallards (no Coots coots, moorhens, and gallinules, singly more than 2 of which may be females), Season Dates: Same as ducks. or in the aggregate. The possession limit 3 mottled ducks, 3 scaup, 1 black duck, Daily Bag and Possession Limits: 25 is twice the daily bag limit. 1 pintail, 1 canvasback, 2 wood ducks, coots.

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Geese canvasbacks is closed. Coot daily bag Geese limit is 15. Merganser daily bag limit is Season Dates: Same as ducks. Season Dates: Open October 2, 2004, Daily Bag and Possession Limits: 6 five, including no more than one close January 14, 2005. and 12 geese, respectively. hooded merganser. The possession limit General: The Klamath Tribe provides is twice the daily bag limit. Daily Bag and Possession Limits: Four its game management officers, Canada Geese geese, including not more than three biologists, and wildlife technicians with light geese or two white-fronted geese. regulatory enforcement authority, and Season Dates: Open October 16, 2004, The possession limit is twice the daily has a court system with judges that hear close January 18, 2005. bag limit. cases and set fines. Daily Bag and Possession Limits: Three and six, respectively. Common Snipe (z) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule, South White-fronted Geese Season Dates: Same as ducks. Dakota (Tribal Members and Nontribal Season Dates: Open October 16, 2004, Daily Bag and Possession Limits: 8 Hunters) close January 9, 2005. and 16 snipe, respectively. Daily Bag and Possession Limits: Two Tribal Members and four, respectively. General Conditions: Nontribal hunters Ducks (Including Mergansers and Coots) must comply with all basic Federal Light Geese migratory bird hunting regulations in 50 Season Dates: Open October 2, 2004, Season Dates: Open October 16, 2004, CFR part 20 regarding shooting hours close March 7, 2005. and manner of taking. In addition, each Daily Bag and Possession Limits: Six close January 15, 2005, and open waterfowl hunter 16 years of age or ducks, including no more than five February 26, close March 10, 2005. older must possess a valid Migratory mallards (only one of which may be a Daily Bag and Possession Limits: 20 Bird Hunting and Conservation Stamp hen), three scaup, one mottled duck, and 40, respectively. (Duck Stamp) signed in ink across the two redheads, two wood ducks, one Youth Waterfowl Hunt canvasback, and one pintail. Coot daily stamp face. Other regulations Season Dates: Open September 25, bag limit is 15. Merganser daily bag established by the Shoshone-Bannock close September 26, 2004. Tribes also apply on the reservation. limit is five, including no more than one Daily Bag and Possession Limits: hooded merganser. The possession limit Same as above. (bb) Stillaguamish Tribe of Indians, is twice the daily bag limit. General Conditions: All hunters must Arlington, Washington (Tribal Members Canada Geese comply with the basic Federal migratory Only) Season Dates: Open October 16, 2004, bird hunting regulations in 50 CFR part Pintails close March 7, 2005. 20, including the use of steel shot. Daily Bag and Possession Limits: Nontribal hunters must possess a Season dates: Open October 1, close Three and six, respectively. validated Migratory Bird Hunting and November 30, 2004. Conservation Stamp. The Lower Brule White-fronted Geese Ducks (Including Mergansers) Season Dates: Open October 16, 2004, Sioux Tribe has an official Conservation Code that hunters must adhere to when close March 7, 2005. Season Dates: Open October 1, 2004, hunting in areas subject to control by Daily Bag and Possession Limits: Two close January 31, 2005. and four, respectively. the Tribe. Daily Bag and Possession Limits: 10 Light Geese (aa) Shoshone-Bannock Tribes, Fort including no more than five hen Hall Indian Reservation, Fort Hall, mallards, two pintail, seven scaup, and Season Dates: Open October 16, 2004, Idaho (Nontribal Hunters) close March 7, 2005 five redheads. The season on Daily Bag and Possession Limits: 20 Pintails and Canvasbacks canvasbacks is closed. The possession and 40, respectively. Season Dates: Open October 2, close limit is twice the daily bag limit. Youth Waterfowl Hunt November 30, 2004. Geese Season Dates: Open September 25, Other Ducks Season Dates: Same as ducks. close September 26, 2004. Season Dates: Open October 2, 2004, Daily Bag and Possession Limits: Daily Bag and Possession Limits: Six close January 14, 2005. and twelve, respectively. The daily bag Same as above. Daily Bag and Possession Limits: limit on brant is three. Nontribal Hunters Seven ducks, including no more than two hen mallards, one pintail (when Snipe Pintail open), one canvasback (when open), one Season Dates: Open October 23, close scaup, and two redheads. The Season Dates: Same as ducks. November 21, 2004. possession limit is twice the daily bag Daily Bag and Possession Limits: 10 Other Dockets (Including Mergansers limit. and 20, respectively. and Coots) Mergansers Tribal members hunting on lands Season Dates: Open October 2, 2004, Season Dates: Same as ducks. under this proposal will observe all close January 6, 2005. Daily Bag and Possession Limits: 5 basic Federal migratory bird hunting Daily Bag and Possession Limits: Six and 10 mergansers, respectively. regulations found in 50 CFR part 20, ducks, including no more than five which will be enforced by the mallards (only one of which may be a Coots Stillaguamish Tribal Law Enforcement. hen), three scaup, one mottled duck, Season Dates: Same as ducks. Tribal members are required to use steel two redheads, two wood ducks, and one Daily Bag and Possession Limits: 10 shot or a nontoxic shot as required by pintail (when open). The season on and 20 coots, respectively. Federal regulations.

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(cc) Swinomish Indian Tribal Daily Bag and Possession Limits: 25 Coots Community, LaConner, Washington coots. (Tribal Members Only) Season Dates: Same as other ducks. Geese Daily Bag and Possession Limits: 15 Off Reservation Season Dates: Same as ducks. and 30 coots, respectively. Ducks (Including Mergansers) Daily Bag and Possession Limits: Dark Geese Season Dates: Open September 27, Seven geese, including seven dark geese 2004, close February 25, 2005. but no more than six light geese. The Season Dates: Open October 29, 2004, Daily Bag and Possession Limits: 10 possession limit is twice the daily bag close January 31, 2005. ducks, including no more than 5 hen limit. Daily Bag and Possession Limits: Three geese, including no more than mallards, 4 pintail, 7 scaup, and 5 Brant redheads. The season on canvasbacks is one white-fronted goose or brant. The closed. The possession limit is twice the Season Dates: Same as ducks. possession limit is twice the daily bag daily bag limit. Daily Bag and Possession Limits: 5 limit. and 10 brant, respectively. Coots General Conditions: Steps will be Light Geese Season Dates: Same as ducks. taken to limit level of harvest, where it Season Dates: Open October 29, 2004, Daily Bag and Possession Limits: 25 could be shown that failure to limit close January 19, 2005. coots. such harvest would seriously impact the Daily Bag and Possession Limits: 20 migratory bird resource. Tribal members Geese geese daily, no possession limit. hunting on lands under this proposal General Conditions: Season Dates: Same as ducks. will observe all basic Federal migratory Daily Bag and Possession Limits: bird hunting regulations found in 50 (1) The waterfowl hunting regulations Seven geese, including seven dark geese CFR part 20, which will be enforced by established by this final rule apply to but no more than six light geese. The the Swinomish Tribal Fish and Game. tribal and trust lands within the external possession limit is twice the daily bag boundaries of the reservation. limit. (dd) Yankton Sioux Tribe, Marty, South (2) Tribal and nontribal hunters must Dakota (Tribal Members and Nontribal Brant comply with all basic Federal migratory Hunters) bird hunting regulations in 50 CFR part Season Dates: Same as ducks. Ducks (Including Mergansers) 20 regarding shooting hours and manner Daily Bag and Possession Limits: 5 of taking. In addition, each waterfowl and 10 brant, respectively. Pintails and Canvasbacks: Open hunter 16 years of age or older must October 9, close November 16, 2004. On Reservation carry on his/her person a valid Other ducks: Open October 9, close Migratory Bird Hunting and Ducks (Including Mergansers) December 21, 2004. Conservation Stamp (Duck Stamp) Season Dates: Open September 27, Daily Bag and Possession Limits: Six signed in ink across the stamp face. 2004, close March 9, 2005. ducks, including no more than five Special regulations established by the Daily Bag and Possession Limits: 10 mallards (no more than two hen Yankton Sioux Tribe also apply on the ducks, including no more than 5 hen mallards), two redheads, one reservation. mallards, 4 pintail, 7 scaup, and 5 canvasback (when open), one pintail Dated: September 24, 2004. redheads. The season on canvasbacks is (when open), three scaup, and two closed. The possession limit is twice the wood ducks. The daily bag limit for Craig Manson, daily bag limit. mergansers is five, of which no more Assistant Secretary for Fish and Wildlife and than one can be a hooded merganser. Parks. Coots The possession limit is twice the daily [FR Doc. 04–21827 Filed 9–24–04; 4:50 pm] Season Dates: Same as ducks. bag limit. BILLING CODE 4310–55–P

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Part IV

The President Proclamation 7821—Gold Star Mother’s Day, 2004 Proclamation 7822—National Hunting and Fishing Day, 2004

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Federal Register Presidential Documents Vol. 69, No. 188

Wednesday, September 29, 2004

Title 3— Proclamation 7821 of September 25, 2004

The President Gold Star Mother’s Day, 2004

By the President of the United States of America

A Proclamation

Americans have always answered the call to serve our Nation. Many brave American men and women have made the ultimate sacrifice to defend freedom’s blessings, and no one feels their loss more deeply than their mothers. On Gold Star Mother’s Day, we remember these mothers who have suffered the loss of a son or daughter through service to our country. We honor their courage and perseverance and the memory of their children. Across our Nation, these compassionate and generous women are volun- teering to serve veterans, helping families of service members, supporting educational programs that promote patriotism and citizenship, and turning their grief into action. They inspire all Americans with their compassion and service. On this day, people across America join together to honor our Gold Star mothers and send our gratitude, prayers, and best wishes to them and to their families. The Congress, by Senate Joint Resolution 115 of June 23, 1936 (49 Stat. 1895 as amended), has designated the last Sunday in September as ‘‘Gold Star Mother’s Day,’’ and has authorized and requested the President to issue a proclamation in observance of this day. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, do hereby proclaim Sunday, September 26, 2004, as Gold Star Mother’s Day. I call upon all Government officials to display the flag of the United States over Government buildings on this solemn day. I also encourage the American people to display the flag and hold appropriate meetings in their homes, places of worship, or other suitable places as a public expression of the sympathy and respect that our Nation holds for our Gold Star Mothers. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of September, in the year of our Lord two thousand four, and of the Independence of the United States of America the two hundred and twenty-ninth. W

[FR Doc. 04–22042 Filed 9–28–04; 9:04 am] Billing code 3195–01–P

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Proclamation 7822 of September 25, 2004

National Hunting and Fishing Day, 2004

By the President of the United States of America

A Proclamation America is a land of majestic beauty, and we take pride in our wildlife, forests, mountains, lakes, rivers, and coastlines. Outdoor recreation is an important part of our Nation’s heritage. On National Hunting and Fishing Day, we celebrate the remarkable progress we have made in conserving our environment and recognize those who have worked to conserve our natural resources. America’s hunters and anglers represent the great spirit of our country and are among our Nation’s foremost conservationists. These citizens have worked to protect habitat and restore fish and wildlife populations. They volunteer their time, talents, and energy to countless conservation projects, because they recognize the importance of maintaining the natural abundance of our country for future generations. My Administration is committed to achieving a cleaner, safer, and healthier environment for all Americans, including our hunters and anglers. My Ad- ministration has expanded opportunities to hunt and fish at national wildlife refuges and improved habitat on public and private lands. We have cut phosphorus releases into our rivers and streams, and I signed the Healthy Forests Restoration Act to help protect our forests from the risk of wildfires. Americans are blessed to live amid many wonders of nature, and we have a responsibility to be good stewards of the land. I commend all who advance conservation and help our citizens enjoy the benefits of our environment. These efforts ensure that our national heritage remains a source of pride for our citizens, our communities, and our Nation. 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 September 25, 2004, as National Hunting and Fishing Day. I call upon the people of the United States to join me in recognizing the contributions of America’s hunters and anglers, and all those who work to conserve our Nation’s fish and wildlife resources.

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IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of September, in the year of our Lord two thousand four, and of the Independence of the United States of America the two hundred and twenty-ninth. W

[FR Doc. 04–22043 Filed 9–28–04; 9:04 am] Billing code 3195–01–P

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Reader Aids Federal Register Vol. 69, No. 188 Wednesday, September 29, 2004

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING SEPTEMBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 3 CFR No. 2004–44 of Executive orders and proclamations 741–6000 September 10, Proclamations: The United States Government Manual 741–6000 2004 ...... 56153 7463 (See Notice of No. 2004–45 of Other Services September 10, September 10, Electronic and on-line services (voice) 741–6020 2004) ...... 55313 2004 ...... 55497 Privacy Act Compilation 741–6064 7807...... 54737 No. 2004–46 of Public Laws Update Service (numbers, dates, etc.) 741–6043 7808...... 54739 September 10, TTY for the deaf-and-hard-of-hearing 741–6086 7809...... 55711 2004 ...... 56155 7810...... 55713 No. 2004–49 of ELECTRONIC RESEARCH 7811...... 55715 September 20, World Wide Web 7812...... 55717 2004 ...... 58035 7813...... 56147 Full text of the daily Federal Register, CFR and other publications 7814...... 56149 5 CFR is located at: http://www.gpoaccess.gov/nara/index.html 7815...... 56151 550...... 55941 Federal Register information and research tools, including Public 7816...... 56661 890...... 56927 Inspection List, indexes, and links to GPO Access are located at: 7817...... 56663 892...... 56927 http://www.archives.gov/federallregister/ 7818...... 56925 1201...... 57627 E-mail 7819...... 57161 1203...... 57627 7820...... 58033 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 1208...... 57627 7821...... 58247 an open e-mail service that provides subscribers with a digital 1209...... 57627 7822...... 58249 form of the Federal Register Table of Contents. The digital form Proposed Rules: of the Federal Register Table of Contents includes HTML and Executive Orders: 531...... 56721 PDF links to the full text of each document. 12333 (See EO 13354) ...... 53589 7 CFR To join or leave, go to http://listserv.access.gpo.gov and select 12333 (Amended by 57...... 57163 Online mailing list archives, FEDREGTOC-L, Join or leave the list EO 13355)...... 53593 59...... 53784 (orchange settings); then follow the instructions. 12333 (See EO 226...... 53502 PENS (Public Law Electronic Notification Service) is an e-mail 13356) ...... 53599 301 ...... 53335, 55315, 56157, service that notifies subscribers of recently enacted laws. 12958 (See EO 57632 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 13354) ...... 53589 319...... 55719 and select Join or leave the list (or change settings); then follow 12958 (See EO 457...... 53500, 54179 the instructions. 13356) ...... 53599 635...... 56345 13223 (See Notice of 916...... 53791 FEDREGTOC-L and PENS are mailing lists only. We cannot September 10, 917...... 53791 respond to specific inquiries. 2004) ...... 55313 920...... 54193, 55733 Reference questions. Send questions and comments about the 13224 (See Notice of 924...... 54199 Federal Register system to: [email protected] September 21, 927...... 57813 The Federal Register staff cannot interpret specific documents or 2004) ...... 56665 930...... 57816 regulations. 13235 (See Notice of 958...... 56667 September 10, 980...... 56667 FEDERAL REGISTER PAGES AND DATE, SEPTEMBER 2004) ...... 55313 981...... 57820 13253 (See Notice of 989...... 57822 53335–53602...... 1 September 10, 993...... 57824 53603–53790...... 2 2004) ...... 55313 1435...... 55061, 58037 53791–53998...... 3 13286 (See Notice of 1469...... 56159 53999–54192...... 7 September 10, Proposed Rules: 54193–54556...... 8 2004) ...... 55313 784...... 54049 54557–54748...... 9 13311 (See EO 1000...... 57233 54749–55060...... 10 13356) ...... 53599 1001...... 57233 55061–55314...... 13 13353...... 53585 1005...... 57233 55315–55498...... 14 13354...... 53589 1006...... 57233 55499–55718...... 15 13355...... 53593 1007...... 57233 55719–55940...... 16 13356...... 53599 1030...... 57233 55941–56152...... 17 13357...... 56665 1032...... 56725, 57233 56153–56344...... 20 Administrative Orders: 1033...... 57233 56345–56664...... 21 Notices: 1124...... 57233 56665–56924...... 22 Notice of September 1126...... 57233 56925–57160...... 23 10, 2004 ...... 55313 1131...... 57233 57161–57626...... 24 Notice of September 57627–57808...... 27 21, 2004 ...... 56923 8 CFR 57809–58034...... 28 Presidential 215...... 53603, 58037 58035–58250...... 29 Determinations: 235...... 53603, 58037

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252...... 53603 200...... 54182 25...... 55743 37 CFR 1003...... 57826 240...... 54182 31...... 55743, 57639 1...... 55505, 56482 1212...... 57826 270...... 54728 40...... 55743 2...... 57181 1240...... 57826 Proposed Rules: 41...... 55743 5...... 56482 37...... 53367 44...... 55743 10 CFR 7...... 57181 38...... 53367 53...... 55743 10...... 56482 35...... 55736 210...... 53550 55...... 55743 41...... 55505, 56482 71...... 58038 240...... 53550 156...... 55743 104...... 56482 Proposed Rules: 248...... 56304 301...... 55743 50...... 56958 249...... 53550 Proposed Rules: 38 CFR 110...... 55785 450...... 56968 1 ...... 53373, 53664, 54067, 19...... 53807 55790, 57896, 57897 20...... 53807 12 CFR 18 CFR 26...... 53862 201...... 57835 342...... 53800 301...... 54067, 56377 39 CFR 229...... 57837 Proposed Rules: 28 CFR 3...... 58057 263...... 56929 35...... 57896, 58112 4...... 58057 701...... 58039 41...... 58112 0...... 57639 6...... 58057 742...... 58039 101...... 58112 549...... 53804 111 ...... 53641, 53808, 54005 Proposed Rules: 131...... 57896 29 CFR 310...... 54006 205...... 55996 141...... 58112 320...... 54006 345...... 56175 154...... 57896 1915...... 55668 501...... 55506 157...... 57896 2550...... 58018 615...... 55362 Proposed Rules: 4022...... 55500 250...... 57896 111 ...... 53664, 53665, 53666 14 CFR 281...... 57896 4044...... 55500 21...... 53335 284...... 57896 Proposed Rules: 40 CFR 300...... 57896 1210...... 53373 23...... 56348 52 ...... 53778, 53835, 52006, 341...... 57896 25...... 56672, 56674 54019, 54216, 54574, 54575, 344...... 57896 30 CFR 39 ...... 53336, 53603, 53605, 55749, 55752, 56163, 56170, 346...... 57896 204...... 55076 53607, 53609, 53794, 53999, 56171, 56351, 56355, 56942 347...... 57896 870...... 56122 54201, 54204, 54206, 54211, 62...... 54753, 57186 348...... 57896 914...... 55347 54213, 54557, 55320, 55321, 63 ...... 53338, 53980, 55218, 375...... 57896 920...... 55353 55323, 55326, 55329, 55943, 55759 385...... 57896 935...... 57640 56160, 56480, 56676, 56680, 70...... 54244 56682, 56683, 56687, 56688, 943...... 55356 19 CFR 81 ...... 55956, 56163, 56697 57632, 57636, 58043 Proposed Rules: 170...... 53341 122...... 54179 61...... 58232 870...... 56132, 56908 180 ...... 55506, 55963, 55975, 71 ...... 53614, 53976, 54000, Proposed Rules: 872...... 56132, 56908 56711, 57188, 57197, 57207, 54749, 54750, 55499, 55947, 351...... 56738 917...... 55373 57216, 58058, 58066, 58071, 56690, 56931, 57169, 57170, 946...... 55375 58079, 58084, 58091 57171, 57839, 57840, 58047 20 CFR 31 CFR 239...... 54756 73 ...... 53795, 53796, 57841 422...... 55065 258...... 54756 91...... 53337 Proposed Rules: 1...... 54002 261...... 56357 97...... 53798, 56161 404...... 55874 356...... 53619 271...... 57842 150...... 57622 1002...... 56266 592...... 56936 281...... 56363 254...... 56692 Proposed Rules: 21 CFR 300...... 56949, 57649 Proposed Rules: 356...... 54251 432...... 54476 23...... 55367 20...... 53615 761...... 54025 32 CFR 25...... 53841, 56961 201...... 53801 1620...... 55512 39 ...... 53366, 53655, 53658, 520...... 57173 199...... 55358 Proposed Rules: 53846, 53848, 53853, 53855, 522...... 53617, 53618 33 CFR 16...... 55377 53858, 54053, 54055, 54058, 558...... 57638 51...... 53378 54060, 54065, 54250, 54596, 866...... 56934 100 ...... 54572, 55949, 55951, 52 ...... 54097, 54600, 54601, 55120, 55369, 56175, 56375, 1301...... 55343 57174, 57647, 58053 55386, 55790, 56182, 56381, 56730, 56733, 56735, 57883, 1308...... 58050 110...... 55952 57241 57884, 57886, 57888, 57892, Proposed Rules: 117 ...... 53337, 53805, 54572, 62...... 54759 58099, 58101, 58103, 58107, 16...... 56824 55747, 57174 63 ...... 53380, 53987, 55791 58109, 58111 20...... 53662 165 ...... 54215, 54573, 55502, 70...... 54254 71 ...... 53661, 53860, 53861, 118...... 56824 55952, 55954, 56695 82...... 56182 54758, 56963, 56964, 56965, 277...... 54215 85...... 54846 22 CFR 56967 Proposed Rules: 86...... 54846 22...... 53618 100...... 53373, 54598 15 CFR 89...... 54846 110...... 57656 90...... 54846 23 CFR Ch. VII ...... 57894, 57895 117...... 53376, 56379 91...... 54846 744...... 56693, 58049 630...... 54562 165 ...... 55122, 55125, 56011 92...... 54846 801...... 54751 325...... 57662 94...... 54846 24 CFR 112...... 56182, 56184 16 CFR 24...... 53978 36 CFR 136...... 55547, 56480 228...... 56932 236...... 53558 7 ...... 53626, 53630, 57174 166...... 53866 305...... 54558, 55063 Proposed Rules: 219...... 58055 239...... 54760 309...... 55332 291...... 56118 292...... 55092 258...... 54760 Proposed Rules: 1254...... 55505 261...... 56382 436...... 53661 26 CFR Proposed Rules: 300...... 56970, 57664 1 ...... 53804, 55499, 55740, 7...... 54072 312 ...... 54097, 56016, 56382 17 CFR 55743 294...... 54600 1039...... 54846 1...... 55949 20...... 55743 1228...... 54091, 56015 1048...... 54846

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1051...... 54846 47 CFR 219...... 55986 229...... 54255 1065...... 54846 0...... 55097, 58097 225...... 55989 395...... 53386 1068...... 54846 1 ...... 55097, 55516, 56956, 226...... 55989 571 ...... 54255, 55548, 55896 57230 237...... 55991 572...... 55550 41 CFR 2...... 54027, 55982 246...... 55987 585...... 55896 102-117...... 57618 5...... 54581 252...... 55989, 55992 595...... 56018 102-118...... 57618 15...... 54027, 57859 511...... 55934 1507...... 54256 22...... 55516 552...... 55934, 55938 42 CFR 24...... 55516 1871...... 53652 Proposed Rules: 50 CFR 406...... 57224 25 ...... 53838, 54037, 54581, 2...... 56316 17...... 56367 411...... 57226 55516 10...... 56316 20 ...... 53564, 53990, 55994, 414...... 55763 27...... 56956 12...... 56316 57140, 57752, 58236 493...... 57859 32...... 53645 51 ...... 53645, 54589, 55111 16...... 56316 31...... 54350 Proposed Rules: 54...... 55097, 55983 19...... 53780 32...... 54350, 55994 431...... 57244 64 ...... 53346, 55765, 55985, 31...... 58014 216...... 55288 457...... 57244 56956, 57231 52...... 53780, 56316 300...... 57651 65...... 53645 1852...... 57664 43 CFR 600...... 53359 73 ...... 53352, 55112, 55517, 49 CFR 635...... 53359, 56719 Proposed Rules: 55780, 55781, 57231, 57862, 648 ...... 53359, 53839, 54593, 25...... 54602 57863 106...... 54042 56373, 57653 74...... 56956 107...... 54042 660 ...... 53359, 53362, 54047, 44 CFR 76...... 57859 171 ...... 53352, 54042, 55113 55360, 57874 172...... 54042, 55113 64...... 53835 78...... 57859 679 ...... 53359, 53364, 53653, 173...... 54042, 55113 201...... 55094 90...... 56956 54594, 55361, 55782, 55783, 178...... 54042 206...... 55094 97...... 54581 55784, 55995, 57654, 57655, 179...... 54042 Proposed Rules: 101...... 56956 57882 Proposed Rules: 180...... 54042 67...... 56383 Proposed Rules: 22...... 56976 192...... 54248, 54591 17 ...... 57250, 58115, 58119 24...... 56976 195...... 54591 45 CFR 221...... 54615 51...... 55128 541...... 53354 61...... 56364 64...... 53382, 56976 571 ...... 54249, 55517, 55531, 223...... 54620 160...... 55515 73 ...... 54612, 54613, 54614, 55993 224...... 54620, 55135 2552...... 56718 54760, 54761, 54762, 55547, 578...... 57864 622...... 57899 2553...... 56718 57244, 57897, 57898 579...... 57867 635...... 56024, 56741 594...... 57869 648...... 55388 46 CFR 48 CFR 1552...... 56324 660...... 56550, 57665 67...... 53838 207...... 55986 Proposed Rules: 679...... 53397, 56384 221...... 54247 209...... 55987 10...... 53385 680...... 53397 296...... 54347 217...... 55987 171...... 57245

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REMINDERS JUSTICE DEPARTMENT Conservation Security 04; published 8-9-04 [FR The items in this list were Drug Enforcement Program; extension of 04-17787] editorially compiled as an aid Administration comment period; Secondary aluminum to Federal Register users. Schedules of controlled comments due by 10-5- production; comments due Inclusion or exclusion from substances: 04; published 9-20-04 [FR by 10-4-04; published 9-3- 04-21026] this list has no legal Alpha-methyltryptamine and 04 [FR 04-20128] significance. 5-methoxy-N,N- COURT SERVICES AND Air pollution control: diisopropyltryptamine; OFFENDER SUPERVISION State operating permits placement into Schedule AGENCY FOR THE programs— RULES GOING INTO I; published 9-29-04 DISTRICT OF COLUMBIA New Mexico and EFFECT SEPTEMBER 29, POSTAL SERVICE Semi-annual agenda; Open for Arkansas; comments 2004 Board of Governors bylaws: comments until further due by 10-8-04; notice; published 12-22-03 Miscellaneous amendments; published 9-8-04 [FR [FR 03-25121] AGRICULTURE published 9-29-04 04-20333] DEPARTMENT DEFENSE DEPARTMENT New Mexico and TRANSPORTATION Arkansas; comments Agricultural Marketing DEPARTMENT National Security Agency/ Service Central Security Service due by 10-8-04; Organization, functions, and published 9-8-04 [FR Pears (winter) grown in— Privacy Act; implementation; authority delegations: 04-20334] Oregon and Washington; comments due by 10-8-04; Federal Motor Carrier Safety Air quality implementation published 9-28-04 Administration; published published 8-9-04 [FR 04- Prunes (dried) produced in— 18079] plans; approval and 8-17-04 promulgation; various California; published 9-28-04 ENERGY DEPARTMENT States: AGRICULTURE COMMENTS DUE NEXT Energy Efficiency and Colorado; comments due by DEPARTMENT WEEK Renewable Energy Office 10-7-04; published 9-7-04 Forest Service Consumer products; energy [FR 04-20134] National Forest System land AGRICULTURE conservation program: Environmental statements; and resource management DEPARTMENT Energy conservation availability, etc.: planning; published 9-29-04 Agricultural Marketing standards—- Coastal nonpoint pollution ENVIRONMENTAL Service Commercial packaged control program— PROTECTION AGENCY Cotton classing, testing and boilers; test procedures Minnesota and Texas; Air programs; approval and standards: and efficiency Open for comments promulgation; State plans Classification services to standards; Open for until further notice; for designated facilities and growers; 2004 user fees; comments until further published 10-16-03 [FR pollutants: Open for comments until notice; published 12-30- 03-26087] 99 [FR 04-17730] Pennsylvania; published 8- further notice; published Pesticides; tolerances in food, 30-04 5-28-04 [FR 04-12138] ENERGY DEPARTMENT animal feeds, and raw Pesticides; tolerances in food, AGRICULTURE Federal Energy Regulatory agricultural commodities: animal feeds, and raw DEPARTMENT Commission Bromoxynil, diclofop-methyl, agricultural commodities: Commodity Credit Electric rate and corporate dicofol, diquat, etridiazole, Allethrin, etc.; published 9- Corporation regulation filings: et al.; comments due by 29-04 Loan and purchase programs: Virginia Electric & Power 10-4-04; published 8-4-04 [FR 04-17508] Carfentrazone-ethyl; Conservation Security Co. et al.; Open for published 9-29-04 Program; extension of comments until further Propamocarb Citrate Esters; published 9- comment period; notice; published 10-1-03 hydrocholoride; comments 29-04 comments due by 10-5- [FR 03-24818] due by 10-4-04; published 8-4-04 [FR 04-17510] Fenamidone; published 9- 04; published 9-20-04 [FR Electronic tariff filings; 29-04 04-21026] software availability and Propanoic acid; comments due by 10-4-04; published AGRICULTURE testing; comments due by Fludioxonil; published 9-29- 8-4-04 [FR 04-17799] 04 DEPARTMENT 10-4-04; published 7-23-04 [FR 04-16478] Propiconazole; comments Federal Crop Insurance Methoxyfenozide; published due by 10-4-04; published Corporation ENVIRONMENTAL 9-29-04 8-4-04 [FR 04-17509] Crop insurance regulations: PROTECTION AGENCY FEDERAL Water pollution; effluent COMMUNICATIONS Nursery crop insurance Air pollutants, hazardous; national emission standards: guidelines for point source COMMISSION provisions; comments due categories: by 10-8-04; published 8-9- Chemical recovery Organization, functions, and Meat and poultry products authority delegations: 04 [FR 04-18059] combustion sources at kraft, soda, sulfite, and processing facilities; Open Protected field installations; AGRICULTURE for comments until further DEPARTMENT stand-alone semichemical geographical coordinate pulp mills; Maryland; notice; published 9-8-04 Farm Service Agency locations; published 9-29- comments due by 10-7- [FR 04-12017] 04 Special programs: 04; published 9-16-04 [FR FEDERAL HOMELAND SECURITY Ewe Lamb Replacement 04-20897] COMMUNICATIONS DEPARTMENT and Retention Payment Chemical recovery COMMISSION Customs and Border Program; comments due combustion sources at Common carrier services: Protection Bureau by 10-7-04; published 9-7- kraft, soda, sulfite, and Interconnection— 04 [FR 04-20186] Merchandise, special classes, stand-alone semichemical Incumbent local exchange and financial and accounting AGRICULTURE pulp mills; comments due carriers network procedures: DEPARTMENT by 10-7-04; published 9- elements; unbundled Patent survey program; Natural Resources 16-04 [FR 04-20898] access; comments due discontinuation; published Conservation Service Coke oven batteries; by 10-4-04; published 8-30-04 Loan and purchase programs: comments due by 10-8- 9-13-04 [FR 04-20467]

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International notice; published 8-23- management; comments TRANSPORTATION telecommunications 04 [FR 04-19179] due by 10-7-04; published DEPARTMENT services; mandatory HEALTH AND HUMAN 9-7-04 [FR 04-20021] Federal Aviation electronic filings and other SERVICES DEPARTMENT NATIONAL CREDIT UNION Administration international filings; Protection of human subjects: ADMINISTRATION Airworthiness directives: comments due by 10-8- Credit unions: Airbus; comments due by 04; published 8-9-04 [FR Institutional review boards; 10-4-04; published 8-4-04 04-17075] registration requirements; Economic Growth and Regulatory Paperwork [FR 04-17623] Radio stations; table of comments due by 10-4- Reduction Act of 1996; Bell; comments due by 10- assignments: 04; published 7-6-04 [FR 04-14679] implementation— 4-04; published 8-4-04 Kentucky and Virginia; Regulatory review for [FR 04-17795] comments due by 10-4- HOMELAND SECURITY reduction of burden on Boeing; Open for comments 04; published 8-19-04 [FR DEPARTMENT federally-insured credit until further notice; 04-19025] Coast Guard unions; comments due published 8-16-04 [FR 04- Puerto Rico; comments due Anchorage regulations: by 10-6-04; published 18641] by 10-4-04; published 8- Maryland; Open for 7-8-04 [FR 04-15470] General Electric Co.; 20-04 [FR 04-19143] comments until further NUCLEAR REGULATORY comments due by 10-5- notice; published 1-14-04 Tennessee; comments due COMMISSION 04; published 8-6-04 [FR by 10-4-04; published 8- [FR 04-00749] 04-17755] 19-04 [FR 04-19026] Environmental statements; Drawbridge operations: availability, etc.: Letecke Zavody; comments Texas; comments due by North Carolina; comments Fort Wayne State due by 10-4-04; published 10-4-04; published 8-19- due by 10-4-04; published 9-2-04 [FR 04-20017] 04 [FR 04-19022] Developmental Center; 8-4-04 [FR 04-17685] Open for comments until MD Helicopters, Inc.; HEALTH AND HUMAN Ports and waterways safety: further notice; published comments due by 10-4- SERVICES DEPARTMENT Lake Michigan— 5-10-04 [FR 04-10516] 04; published 8-4-04 [FR Centers for Medicare & Chicago Captain of Port PERSONNEL MANAGEMENT 04-17794] Medicaid Services Zone, IL; security zone; OFFICE Raytheon; comments due by Medicare: comments due by 10-4- Pay under General Schedule: 10-4-04; published 7-22- Hospital outpatient 04; published 8-4-04 04 [FR 04-16416] Locality-based comparability prospective payment [FR 04-17741] payments; comments due Saab; comments due by 10- system and 2005 CY HOMELAND SECURITY by 10-4-04; published 8-5- 4-04; published 9-3-04 payment rates; comments DEPARTMENT 04 [FR 04-17842] [FR 04-20121] due by 10-8-04; published Transportation Security Airworthiness standards: 8-16-04 [FR 04-18427] POSTAL SERVICE Administration Special conditions— Medicare Advantage Domestic Mail Manual: Privacy Act; implementation; Airbus model A330, A340- Program; establishment; Sample copies of authorized comments due by 10-8-04; 200, and A340-300 comments due by 10-4- periodicals publications published 9-8-04 [FR 04- series airplanes; 04; published 8-3-04 [FR enclosed with 20252] comments due by 10-4- merchandise mailed at 04-17228] 04; published 9-3-04 INTERIOR DEPARTMENT Parcel Post or Bound Medicare Prescription Drug [FR 04-20170] Benefit Program; Fish and Wildlife Service Printed Matter rates; VETERANS AFFAIRS comments due by 10-4- Endangered and threatened comments due by 10-4- DEPARTMENT 04; published 8-3-04 [FR species permit applications 04; published 9-2-04 [FR 04-19991] Medical benefits: 04-17234] Recovery plans— Signature Confirmation Patients’ rights— HEALTH AND HUMAN Paiute cutthroat trout; service; signature waiver SERVICES DEPARTMENT Open for comments Medication, restraints, and option elimination; Food and Drug until further notice; seclusion; comments comments due by 10-4- Administration published 9-10-04 [FR due by 10-8-04; 04; published 9-2-04 [FR 04-20517] published 8-9-04 [FR Administrative practice and 04-19990] 04-18106] procedure: Endangered and threatened species: SMALL BUSINESS Institutional review boards; ADMINISTRATION registration requirements; Critical habitat LIST OF PUBLIC LAWS comments due by 10-4- designations— Disaster loan areas: Maine; Open for comments 04; published 7-6-04 [FR Colorado butterfly plant; This is a continuing list of until further notice; 04-15131] comments due by 10-5- public bills from the current published 2-17-04 [FR 04- Reports and guidance 04; published 8-6-04 session of Congress which 03374] documents; availability, etc.: [FR 04-17576] have become Federal laws. It Evaluating safety of Florida manatee; protection OFFICE OF UNITED STATES may be used in conjunction antimicrobial new animal areas— TRADE REPRESENTATIVE with ‘‘PLUS’’ (Public Laws Update Service) on 202–741– drugs with regard to their Additions; comments due Trade Representative, Office microbiological effects on of United States 6043. This list is also by 10-5-04; published available online at http:// bacteria of human health 8-6-04 [FR 04-17906] Generalized System of concern; Open for Preferences: www.archives.gov/ INTERIOR DEPARTMENT federal register/public laws/ comments until further 2003 Annual Product — — National Park Service public—laws.html. notice; published 10-27-03 Review, 2002 Annual [FR 03-27113] Special regulations: Country Practices Review, The text of laws is not Medical devices— Yellowstone and Grand and previously deferred published in the Federal Dental noble metal alloys Teton National Parks and product decisions; Register but may be ordered and base metal alloys; John D. 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Office, Washington, DC 20402 1081 West Main Street in S. 1576/P.L. 108–307 enacted public laws. To (phone, 202–512–1808). The Ravenna, Ohio. (Sept. 24, Harpers Ferry National subscribe, go to http:// text will also be made 2004; 118 Stat. 1130) Historical Park Boundary listserv.gsa.gov/archives/ available on the Internet from Revision Act of 2004 (Sept. publaws-l.html GPO Access at http:// H.R. 5008/P.L. 108–306 24, 2004; 118 Stat. 1133) www.gpoaccess.gov/plaws/ Last List September 9, 2004 Note: This service is strictly index.html. Some laws may To provide an additional for E-mail notification of new not yet be available. temporary extension of laws. The text of laws is not programs under the Small H.R. 361/P.L. 108–304 Public Laws Electronic available through this service. Sports Agent Responsibility Business Act and the Small Notification Service Business Investment Act of PENS cannot respond to and Trust Act (Sept. 24, 2004; (PENS) 118 Stat. 1125) 1958 through September 30, specific inquiries sent to this address. H.R. 3908/P.L. 108–305 2004, and for other purposes. To provide for the conveyance (Sept. 24, 2004; 118 Stat. PENS is a free electronic mail of the real property located at 1131) notification service of newly

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