3–2–04 Tuesday Vol. 69 No. 41 Mar. 2, 2004

Pages 9743–9910

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1 II Federal Register / Vol. 69, No. 41 / Tuesday, March 2, 2004

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2 III

Contents Federal Register Vol. 69, No. 41

Tuesday, March 2, 2004

Agricultural Marketing Service Professional Development Program, 9813–9817 PROPOSED RULES Milk marketing orders: Northeast and other marketing areas, 9763–9771 Employee Benefits Security Administration PROPOSED RULES Agriculture Department Employee Retirement Income Security Act: See Agricultural Marketing Service Fiduciary responsibility; automatic rollover safe harbor, See Animal and Plant Health Inspection Service 9899–9909 See Farm Service Agency NOTICES See Forest Service Employee benefit plans; class exemptions: See Natural Resources Conservation Service Individual retirement plans pursuant to automatic NOTICES rollover of mandatory distribution; establishment, Emergency declarations: investment, and maintenance, 9846–9852 Texas; avian influenza; broiler chickens, 9793 Animal and Plant Health Inspection Service Energy Department RULES See Federal Energy Regulatory Commission Exportation and importation of animals and animal NOTICES products: Grants and cooperative agreements; availability, etc.: Cattle from Mexico; importation into U.S. prohibited due Hydrogen Safety, Codes and Standards Program, 9820 to tuberculosis, 9749–9750 National Energy Technology Laboratory— Interstate transportation of animals and animal products Innovations for Existing Plants Program, 9820–9821 (quarantine): Technologies development for assurance of U.S. energy Brucellosis in cattle— infrastructure, 9821–9822 State and area classifications, 9747–9749 Meetings: Plant-related quarantine, foreign: Environmental Management Site-Specific Advisory Unshu oranges from Honshu Island, Japan, 9743–9744 Board— NOTICES Oak Ridge Reservation, TN, 9822 Agency information collection activities; proposals, Paducah Gaseous Diffusion Plant, KY, 9822–9823 submissions, and approvals, 9793–9794 Meetings: Veterinary biological products; manufacture, distribution, Environmental Protection Agency and use, 9794–9795 RULES Air programs: Coast Guard Stratospheric ozone protection— NOTICES Significant New Alternatives Policy (SNAP) Program; Reports and guidance documents; availability, etc.: CFC-12 substitute petition determination, 9754– Navigation aids— 9755 Local notices to mariners; distribution methods PROPOSED RULES changes, 9837 Air quality implementation plans; approval and promulgation; various States: Commerce Department Texas, 9776–9780 See International Trade Administration Water supply: See National Oceanic and Atmospheric Administration National primary drinking water regulations— Long Term Enhanced Surface Water Treatment Rule, Comptroller of the Currency Surface Water Treatment Rule, etc.; corrections and NOTICES clarification, 9781–9790 Agency information collection activities; proposals, NOTICES submissions, and approvals, 9896–9897 Meetings: Placement of coal combustion byproducts in coal mines Defense Department and at surface impoundments and landfills, NOTICES including non-coal mine sites; listening sessions, Agency information collection activities; proposals, 9825–9826 submissions, and approvals, 9812–9813 Superfund program: Federal Acquisition Regulation (FAR): Prospective purchaser agreements— Agency information collection activities; proposals, Broderick Wood Products Site et al., CO; correction, submissions, and approvals, 9813 9826–9827 Education Department NOTICES Farm Service Agency Grants and cooperative agreements; availability, etc.: RULES Indian education programs— Special programs: Indian Children Program, 9817–9820 Tree Assistance Program, 9744–9747

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Federal Aviation Administration See National Institutes of Health RULES Airworthiness directives: Homeland Security Department Mitsubishi Heavy Industries, Ltd.; correction, 9750–9753 See Coast Guard NOTICES See Federal Emergency Management Agency Exemption petitions; summary and disposition, 9894–9895

Federal Communications Commission Housing and Urban Development PROPOSED RULES NOTICES Digital television stations; table of assignments: Grants and cooperative agreements; availability, etc.: Florida, 9790 Mortgage Review Board; administrative actions [Editorial Radio stations; table of assignments: Note: The page number for this document was Maryland, 9790–9791 missing from the Friday, February 27, 2004 Federal Television stations; table of assignments: Register Table of Contents. The correct page number Florida, 9791–9792 is 9351.] NOTICES Agency information collection activities; proposals, submissions, and approvals, 9827–9828 Interior Department See Fish and Wildlife Service Federal Emergency Management Agency See Geological Survey RULES See National Park Service Flood insurance; communities eligible for sale: Various States, 9755–9758 Internal Revenue Service NOTICES PROPOSED RULES Agency information collection activities; proposals, Income taxes: submissions, and approvals, 9837–9838 Corporate reorganizations; asset and stock transfers; transaction requirements, 9771–9774 Federal Energy Regulatory Commission NOTICES NOTICES Reports and guidance documents; availability, etc.: Meetings; Sunshine Act, 9823–9825 Art Advisory Panel; 2003 closed meetings, 9897 Federal Reserve System NOTICES International Trade Administration Banks and bank holding companies: NOTICES Change in bank control, 9828 Antidumping: Formations, acquisitions, and mergers, 9828 Electrolytic manganese dioxide from— Various countries, 9799–9800 Fish and Wildlife Service Freshwater crawfish tail meat from— NOTICES China, 9800–9804 Grants and cooperative agreements; availability, etc.: Glycine from— Private Stewardship Program, 9838–9839 China, 9804–9809 Food and Drug Administration RULES International Trade Commission Animal drugs, feeds, and related products: NOTICES Levamisole powder for oral solution, 9753–9754 Import investigations: Frozen or canned warmwater shrimp and prawns from— Forest Service Various countries, 9842 NOTICES Plastic grocery and retail bags, 9843 Environmental statements; notice of intent: Recordable and rewritable compact discs, 9843–9844 Dixie National Forest, UT, 9795–9798 Meetings: Labor Department Resource Advisory Committees— See Employee Benefits Security Administration Snohomish County, 9798 See Occupational Safety and Health Administration Willamette Provincial Advisory Committee, 9798 NOTICES Agency information collection activities; proposals, General Services Administration submissions, and approvals, 9844–9845 NOTICES International Labor Affairs Bureau: Federal Acquisition Regulation (FAR): Mexico; United Students Against Sweatshops and Centro Agency information collection activities; proposals, de Apoyo al Trabajador; Submission No. 2003-01 submissions, and approvals, 9813 Hearing, 9845–9846 Geological Survey NOTICES Maritime Administration Agency information collection activities; proposals, RULES submissions, and approvals, 9839–9840 Merchant Marine training: Merchant Marine Academy and State maritime academy Health and Human Services Department graduates; service obligation requirements, 9758– See Food and Drug Administration 9759

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National Aeronautics and Space Administration Natural Resources Conservation Service NOTICES NOTICES Federal Acquisition Regulation (FAR): Field office technical guides; changes: Agency information collection activities; proposals, Indiana, 9798–9799 submissions, and approvals, 9813 Meetings: Agricultural Air Quality Task Force; correction, 9799 National Archives and Records Administration NOTICES Nuclear Regulatory Commission Agency information collection activities; proposals, NOTICES submissions, and approvals, 9854–9855 Environmental statements; availability, etc.: Meetings: South Carolina Electric & Gas Co., 9856–9857 Electronic Records Policy Working Group, 9855–9856 Meetings; Sunshine Act, 9857 Operating licenses, amendments; no significant hazards National Institutes of Health considerations; biweekly notices, 9857–9871 NOTICES Grants and cooperative agreements; availability, etc.: Occupational Safety and Health Administration NIH Director’s Pioneer Award Program, 9829–9830 NOTICES Novel endotracheal tube cleaning system and improved Agency information collection activities; proposals, endotracheal tube design and conditions for use; submissions, and approvals, 9852–9854 research and development, 9830–9831 Inventions, Government-owned; availability for licensing, Saint Lawrence Seaway Development Corporation 9831 PROPOSED RULES Meetings: Seaway regulations and rules: Conflict of Interest Blue Ribbon Panel, 9831 Tariff of tolls, 9774–9776 National Human Genome Research Institute, 9831–9832 National Institute of Child Health and Human Securities and Exchange Commission Development, 9832–9833 NOTICES National Institute of General Medical Sciences, 9832– Investment Company Act of 1940: 9834 Metropolitan Life Insurance Co. et al., 9871–9880 National Institute of Mental Health, 9834 Real Estate Income Fund Inc. et al., 9880–9882 Scientific Review Center, 9834–9837 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 9882–9886 National Oceanic and Atmospheric Administration Fixed Income Clearing Corp., 9886–9888 New York Stock Exchange, Inc., 9888–9892 RULES Marine mammals: Small Business Administration Commercial fishing authorizations; incidental taking— Atlantic Large Whale Take Reduction Plan, 9760–9762 NOTICES Taking and importation— Disaster loan areas: Definitions; correction, 9759–9760 Pennsylvania, 9892 NOTICES Applications, hearings, determinations, etc.: Endangered and threatened species: MidMark Capital II, L.P., 9892 Eastern North Pacific southern killer whales; status review, 9809–9810 State Department Marine mammals: NOTICES Taking and importation— Meetings: Vandenberg Air Force Base, CA; rocket and missile Shipping Coordinating Committee, 9892–9893 launches; seals and sea lions, 9810–9811 Meetings: Tennessee Valley Authority Gulf of Mexico Fishery Management Council, 9811 NOTICES Mid-Atlantic Fishery Management Council, 9811–9812 Agency information collection activities; proposals, Science Advisory Board, 9812 submissions, and approvals, 9893–9894

National Park Service Transportation Department NOTICES See Federal Aviation Administration National Register of Historic Places: See Maritime Administration Pending nominations, 9840–9842 See Saint Lawrence Seaway Development Corporation NOTICES Aviation proceedings: National Science Foundation Certificates of public convenience and necessity and NOTICES foreign air carrier permits; weekly applications, 9894 Committees; establishment, renewal, termination, etc.: International Arctic Research Center Oversight Council, Treasury Department 9856 See Comptroller of the Currency See Internal Revenue Service National Transportation Safety Board NOTICES NOTICES Agency information collection activities; proposals, Meetings; Sunshine Act, 9856 submissions, and approvals, 9895

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Fair and Accurate Credit Transactions Act of 2003: Identity theft; use of biometrics and other similar technologies to reduce incidence and costs to society; Reader Aids comment request, 9895–9896 Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. Separate Parts In This Issue To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http:// Part II listserv.access.gpo.gov and select Online mailing list Labor Department, Employee Benefits Security archives, FEDREGTOC-L, Join or leave the list (or change Administration, 9899–9909 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

7 CFR 319...... 9743 783...... 9744 Proposed Rules: 1000...... 9763 1001...... 9763 1005...... 9763 1006...... 9763 1007...... 9763 1030...... 9763 1032...... 9763 1033...... 9763 1124...... 9763 1126...... 9763 1131...... 9763 9 CFR 78...... 9747 93...... 9749 14 CFR 39...... 9750 21 CFR 520...... 9753 26 CFR Proposed Rules: 1...... 9771 29 CFR Proposed Rules: 2550...... 9900 33 CFR Proposed Rules: 402...... 9774 40 CFR 82...... 9754 Proposed Rules: 52...... 9776 141...... 9781 142...... 9781 44 CFR 64...... 9755 46 CFR 310...... 9758 47 CFR Proposed Rules: 73 (3 documents) ....9790, 9791 50 CFR 216...... 9759 229...... 9760

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Rules and Regulations Federal Register Vol. 69, No. 41

Tuesday, March 2, 2004

This section of the FEDERAL REGISTER twigs, leaves, and fruit of a wide The commenter also asked when contains regulatory documents having general spectrum of citrus species. Hawaii was added to the list of applicability and legal effect, most of which In an interim rule effective and commercial citrus-producing States, are keyed to and codified in the Code of published in the Federal Register on noting that the addition was never Federal Regulations, which is published under March 3, 2003 (68 FR 9851–9854, clearly explained. The commenter 50 titles pursuant to 44 U.S.C. 1510. Docket No. 02–108–1), we amended the requested specific documentation of the The Code of Federal Regulations is sold by regulations governing the importation of rule in which Hawaii was added. the Superintendent of Documents. Prices of citrus fruit in 7 CFR 319.28 (referred to Hawaii was listed in both the new books are listed in the first FEDERAL below as the regulations) to allow February 2002 final rule cited REGISTER issue of each week. Unshu oranges grown on Honshu previously and in the proposed rule that Island, Japan, to be imported without preceded it, which was published in the fumigation if the distribution of the fruit Federal Register on April 18, 2001 (66 DEPARTMENT OF AGRICULTURE within the United States was limited to FR 19892–19898, Docket No. 99–099–1). non-citrus-producing States. Hawaii was added to the list of Animal and Plant Health Inspection Comments on the interim rule were commercial citrus-producing areas in Service required to be received on or before May § 301.75–5 of our domestic citrus canker 2, 2003. We received one comment by regulations in a final rule published in 7 CFR Part 319 that date. It was from a Japanese the Federal Register on December 13, [Docket No. 02–108–2] government official and is discussed 1985 (50 FR 51228–51234, Docket No. below. 85–381). Unshu Oranges from Honshu Island, The commenter asked if Unshu The commenter requested that Japan Japan oranges grown on the island of Shikoku have the opportunity to discuss specific were eligible for entry under the same details regarding box marking and the AGENCY: Animal and Plant Health conditions included in the interim rule marking of individual fruit when Japan Inspection Service, USDA. for Honshu-grown Unshu oranges. and the United States meet to prepare ACTION: Final rule. Previously, the regulations provided the bilateral (operational) workplan 1 for for the importation of Unshu oranges the export of Japanese Unshu oranges to SUMMARY: We are adopting as a final from approved, canker-free growing the United States. rule, with two changes, an interim rule areas in Japan without specifying any With respect to box labeling that amended the regulations governing particular islands or geographic areas in requirements, the regulations provide the importation of citrus fruit to allow Japan. However, when we amended the some flexibility by requiring only that Unshu oranges grown on Honshu regulations to provide for the the individual boxes in which the Island, Japan, to be imported without importation of fumigated fruit into oranges are shipped be stamped or fumigation if the distribution of the fruit citrus-producing States (see 67 FR printed with a statement specifying the within the United States is limited to 4873–4877, Docket No. 99–099–2, States into which the Unshu oranges States that are not commercial citrus- published February 1, 2002), it was may be imported, and from which they producing States. We will continue to necessary to name the islands from are prohibited removal under a Federal require fumigation if the fruit is which fruit could be exported, given the plant quarantine. The specific manner distributed to commercial citrus- differing conditions that apply based on in which the required box marking will producing States. This final rule amends the origin and destination of the fruit. In be accomplished will be covered in the the regulations to include a reference to that February 2002 final rule, we named bilateral workplan. With respect to the island of Shikoku, along with the only Honshu and Kyushu islands. individual fruit marking, the regulations islands of Honshu and Kyushu, as an Although Shikoku Island contains currently contain no provisions for the island from which Unshu oranges may canker-free growing areas, there had marking of individual fruit. We be exported to the United States in been no exports of Unshu oranges to the understand that Japan may wish to mark accordance with the requirements of the United States from that island for individual fruit that has been fumigated, regulations. several years, so we did not include a EFFECTIVE DATE: April 1, 2004. 1 A bilateral workplan is a written agreement reference to Shikoku. This comment between the Animal and Plant Health Inspection FOR FURTHER INFORMATION CONTACT: Ms. called our attention to our oversight; Service (APHIS) and a foreign plant protection Jeanne VanDersal, Import Specialist, therefore, we are amending the organization that clarifies the responsibilities of Phytosanitary Issues Management, PPQ, regulations in this final rule to allow each organization in enforcing APHIS regulations APHIS, 4700 River Road Unit 140, that pertain to preclearance export programs. The Unshu oranges grown in approved workplan also clarifies how specific aspects of the Riverdale, MD 20737–1231; (301) 734– growing areas on Shikoku Island, Japan, program operate, and may include directives as to 6799. to be imported without fumigation if the how certain pest problems must be remedied. The SUPPLEMENTARY INFORMATION: distribution of the fruit within the workplan goes into more detail regarding the day- United States is limited to States that to-day operation of the program than do the Background regulations and, because of their separation from are not commercial citrus-producing the regulations, workplans are flexible and can be Citrus canker is a disease that affects States. As is the case with Unshu revised as needed within the framework established citrus and is caused by the infectious oranges from Honshu Island, we will by the regulations based on changing circumstances in the exporting country. Failure of the exporting bacterium Xanthomonas campestris pv. require fumigation if the fruit is country to abide by the conditions of the workplan citri (Hasse) Dye. The strain of citrus distributed to commercial citrus- is grounds for suspension, and possibly canker that occurs in Japan infects the producing States. cancellation, of the export program.

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and is thus eligible for entry into Authority: 7 U.S.C. 450 and 7701–7772; 21 Background commercial citrus-producing States, to U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3. Sections 10201–10205 of the 2002 Act distinguish such fruit from non- (7 U.S.C. 8201 et seq.) authorized, but fumigated Unshu oranges. We will ■ 2. Section 319.28 is amended as did not fund, a Tree Assistance Program discuss this matter with Japan when we follows: (TAP) to provide payments to eligible meet to prepare the bilateral workplan. ■ a. In paragraph (a)(3), by removing the tree, bush and vine owners who Miscellaneous last two sentences of the paragraph. incurred losses due to natural disasters. ■ b. By adding a new paragraph (a)(4) to The statute authorizes payments only In a final rule published in the read as set forth below. for eligible owners who actually replant Federal Register on April 27, 2001 (see ■ c. In paragraph (b)(5), first and third eligible trees, bushes and vines and who 66 FR 21049–21064), paragraph (a) of sentences, and paragraphs (b)(7)(i) and produce annual crops from trees, bushes § 319.28 was divided into paragraphs (b)(7)(ii), by adding the words ‘‘or or vines for commercial purposes. (a)(1) through (a)(3). Prior to that final Shikoku Island’’ after the words Nursery tree stock and Christmas trees rule, those same provisions ran together ‘‘Honshu Island.’’ are not covered under TAP because in a single, undivided paragraph (a). At annual crops are not produced from the end of what is now paragraph (a)(3) § 319.28 Notice of quarantine. nursery tree stock and Christmas trees. are two sentences that read ‘‘Seeds and (a) * * * Instead, nursery tree stock and processed peel of fruits designated in (4) Seeds and processed peel of fruits Christmas trees are the crops this section are excluded from this designated in this section are excluded themselves. The statute also limits prohibition. Such seeds, however, are from this prohibition. Such seeds, payments by specifying that qualifying subject to the requirements of §§ 319.37 however, are subject to the requirements acres for a person may not exceed 500 through 319.37–27.’’ Before we divided of §§ 319.37 through 319.37–27. in number for all payments under TAP. paragraph (a), it was clear that the * * * * * Despite the lack of funding at the exclusion for seeds and processed peel time, FSA published a proposed TAP applied to the entire paragraph. Done in Washington, DC, this 26th day of February 2004. rule on August 11, 2003 (68 FR 47499). However, now that those sentences are The Agency received one timely-filed Kevin Shea, located at the end of paragraph (a)(3), it postcard containing one comment. The may appear that the exclusion applies Acting Administrator, Animal and Plant respondent was of the opinion that it Health Inspection Service. only to paragraph (a)(3). Therefore, for would be easy for applicants to receive the sake of clarity, we are removing [FR Doc. 04–4600 Filed 3–1–04; 8:45 am] TAP benefits based on fraudulent those two sentences from paragraph BILLING CODE 3410–34–P claims. (a)(3) and placing them in a new TAP must be implemented as paragraph (a)(4). authorized by Congress. The final rule DEPARTMENT OF AGRICULTURE Therefore, for the reasons given in the sets forth the requirements for, and interim rule and in this document, we Farm Service Agency limitations on, receiving TAP benefits. are adopting the interim rule as a final Only applicants with qualifying losses rule, with the changes discussed in this 7 CFR Part 783 on claims for which appropriations have document. been made will be paid. The amount of compensation will be based on actual This final rule also affirms the RIN 0560–AG83 information contained in the interim costs. The agency safeguards are rule concerning Executive Order 12866 Tree Assistance Program believed to be adequate. and the Regulatory Flexibility Act, Changes From the Proposed Rule Executive Order 12988, and the AGENCY: Farm Service Agency, USDA. Several revisions were made for Paperwork Reduction Act. ACTION: Final rule. greater clarity or effectiveness. The Further, this final rule has been SUMMARY: This rule provides for provision in the proposed rule determined to be not significant for the implementation, subject to the indicating that, in lieu of payments in purposes of Executive Order 12866 and, availability of funds, of the Tree cash, qualifying losses may be therefore, has not been reviewed by the Assistance Program (TAP) authorized by compensated using seedlings sufficient Office of Management and Budget. the Farm Security and Rural Investment to reestablish a stand, has been List of Subjects in 7 CFR Part 319 Act of 2002 (2002 Act). TAP provides removed. FSA does not have seedlings assistance to eligible orchardists to available to be distributed for such a Bees, Coffee, Cotton, Fruits, Honey, replant trees, bushes and vines that purpose. Imports, Logs, Nursery stock, Plant were grown for the production of an Clarifying changes have been made diseases and pests, Quarantine, annual crop and were lost due to a and greater flexibility has been added to Reporting and recordkeeping natural disaster. the pro-ration provisions of the rule. In requirements, Rice, Vegetables. EFFECTIVE DATE: March 1, 2004. the event the total amount of claims as submitted exceeds the available funds, ■ Accordingly, the interim rule FOR FURTHER INFORMATION CONTACT: payments will be prorated. Such amending 7 CFR part 319 that was Eloise Taylor, Production, Emergencies published at 68 FR 9851–9854 on March payment reductions shall be applied and Compliance Division, Farm Service after the imposition of applicable per- 3, 2003, is adopted as a final rule with Agency (FSA), United States the following changes: person payment limitation provisions. Department of Agriculture (USDA), Stop A provision relating to a gross 0517, 1400 Independence Avenue SW., PART 319—FOREIGN QUARANTINE revenue test has been removed in the Washington, DC 20250–0517. NOTICES absence of a specific statutory provision Telephone: (202) 720–9882; e-mail: for it. TAP is authorized by Title X of ■ 1. The authority citation for part 319 [email protected]. the 2002 Act, which does not have such continues to read as follows: SUPPLEMENTARY INFORMATION: a limit, unlike other farm programs

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authorized by Title I of that act, which mandates, as defined by title II of (1) Correct, or require a county does have such a limit. UMRA. Thus, this rule is not subject to committee to correct any action taken by Delaying this rule would serve no the requirements of sections 202 and such county committee that is not in purpose. Accordingly, this rule is 205 of UMRA. accordance with the regulations of this effective upon publication so that Paperwork Reduction Act part; or eligible applications may be acted upon. (2) Require a county committee to In accordance with the Paperwork withhold taking any action that is not in Executive Order 12866 Reduction Act of 1995, FSA has accordance with this part. This rule has been determined to be submitted a request to OMB for the (d) No provision or delegation to a not significant under Executive Order approval of the information collections State or county committee shall 12866 and has not been reviewed by the required for the Tree Assistance preclude the Deputy Administrator, Office of Management and Budget. Program and the application necessary FSA, or a designee, from determining for the proper functioning of the any question arising under the program Regulatory Flexibility Act program. or from reversing or modifying any The Regulatory Flexibility Act is not Part 783 is updated accordingly, and determination made by a State or county applicable to this rule because the Farm changes are made for clarity, structure committee. Service Agency (FSA) is not required by and readability. (e) The Deputy Administrator may 5 U.S.C. 553 or any law to publish a List of Subjects in 7 CFR Part 783 authorize State and county committees notice of proposed rule making for the to waive or modify deadlines, except subject matter of this rule. Disaster assistance, Emergency statutory deadlines, and other non- assistance, Reporting and recordkeeping Environmental Evaluation statutory requirements in cases where requirements. lateness or failure to meet such other The environmental impacts of this ■ For the reasons set forth in the requirements does not adversely affect final rule have been considered preamble, 7 CFR part 783 is added as operation of the program. consistent with the provisions of the follows: (f) Data furnished by the applicants National Environmental Policy Act of will be used to determine eligibility for PART 783—TREE ASSISTANCE 1969 (NEPA), 42 U.S.C. 4321 et seq., the program benefits. Although PROGRAM regulations of the Council on participation in TAP is voluntary, Environmental Quality (40 CFR parts Sec. program benefits will not be provided 1500–1508), and the FSA regulations for 783.1 Applicability. unless the participant furnishes all compliance with NEPA, 7 CFR parts 783.2 Administration. requested data. 799, and 1940, subpart G. FSA 783.3 Definitions. completed an environmental evaluation 783.4 Eligibility. § 783.3 Definitions. and concluded the rule requires no 783.5 Application. (a) The definitions in part 718 of this 783.6 Benefits. chapter apply to TAP except when they further environmental review. No 783.7 Obligations of a participant. extraordinary circumstances or other 783.8 Multiple benefits. conflict with paragraph (b) of this unforeseeable factors exist which would 783.9 Miscellaneous. section. require preparation of an environmental (b) The following definitions apply to Authority: 7 U.S.C. 8201 et seq. assessment or environmental impact TAP: statement. A copy of the environmental § 783.1 Applicability. Cutting means a vine, which was evaluation is available for inspection This part governs and provides the planted in the ground for commercial and review upon request. requirements and authorities for production of grapes, kiwi fruit, or passion fruit or similar fruit as approved Executive Order 12988 administration of the Tree Assistance Program (TAP) of the Farm Service by the Deputy Administrator. This rule has been reviewed in Agency. This program shall operate only County office means the FSA or accordance with Executive Order 12988. to the extent funds are appropriated for USDA Service Center that is responsible This rule preempts State laws to the this program. Payments will be limited for servicing the farm on which the extent such laws are inconsistent with to lost eligible trees, bushes or vines, trees, bushes or vines are located. it. Before judicial action may be brought and all claims are subject to the Deputy Administrator means the concerning provisions of this rule, all availability of funds. Deputy Administrator for Farm administrative remedies must be Programs, FSA, or a designee. exhausted. § 783.2 Administration. Eligible bush means, a low, branching, (a) The program will be administered woody plant from which an annual fruit Executive Order 12372 under the general supervision and or vegetable crop is produced for This program is not subject to direction of the Administrator, Farm commercial purposes, such as a Executive Order 12372, which requires Service Agency (FSA), and the Deputy blueberry bush. intergovernmental consultation with Administrator for Farm Programs, FSA. Eligible orchardist means an State and local officials. See the notice In the field, the regulations in this part individual, or legal entity, including an related to 7 CFR part 3015, subpart V, will be administered by the FSA State Indian tribe as defined under the Indian published at 48 FR 29115 (June 24, and county committees. Self-Determination and Education 1983). (b) State and county committees, and Assistance Act; an Indian organization representatives and their employees, do or entity chartered under the Indian Unfunded Mandates not have authority to modify or waive Reorganization Act; a tribal organization Title II of the Unfunded Mandates any of the provisions of the regulations as defined under the Indian Self- Reform Act of 1995 (UMRA), requires of this part. Determination Education and Federal agencies to assess the effects of (c) The State committee shall take any Assistance Act; or, an economic their regulatory actions on State, local, action required by the regulations of this enterprise as defined under the Indian and tribal governments or the private part that the county committee has not Financing Act of 1974, which owns a sector. The rule contains no Federal taken. The State committee shall also: tree, bush or vine as defined in this part.

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Eligible tree means, a tall, woody replanted within the 12-month period (c) Before requests will be approved, plant having comparatively great height, following the loss. the county committee: as determined by the Deputy (b)(1) The damage must be visible and (1) Must make recommendations and Administrator, and a single trunk from obvious to the county committee except an eligibility determination based on a which an annual crop is produced for that if the damage is no longer visible, complete application on those requests commercial purposes, such as maple the county committee may accept other that it wants to refer to a higher tree for syrup, papaya tree, or orchard evidence of the loss as it determines is approval official. tree. Plantain and banana plants are also reasonable. (2) Must verify actual qualifying included. Trees used for pulp or timber (2) The county committee may require losses and the number of acres involved are not considered eligible trees under information from an expert in the case by on-site visual inspection of the land this part. of plant disease or insect infestation. and trees, bushes or vines. Eligible vine means a plant with a (c)(1) To be eligible for TAP benefits (3) May request additional flexible stem supported by climbing, the eligible orchardist must: information and may consider all twining, or creeping along a surface and (i) Own the stand on which the claim relevant information in making its from which an annual fruit or vegetable for benefits is based; determination, including its members crop is produced for commercial (ii) Have owned the stand at the time own knowledge about the applicant’s purposes, such as grape, kiwi fruit, or the natural disaster occurred; normal operations. (iii) Have continuously owned the passion fruit. § 783.6 Benefits. Individual stand means an area of stand until the TAP application is trees, bushes or vines that are tended by submitted; and (a) Subject to the availability of TAP (iv) Not exceed or be in violation of an owner as a single operation, whether funds, an approved eligible orchardist any other limitations on payments. or not such trees, bushes or vines are shall be reimbursed in an amount not to (2) Federal, State, and local exceed 75 percent of the eligible costs planted in the same field or similar governments and agencies and political location. Trees, bushes or vines in the for the qualifying loss (that loss over subdivisions thereof are not eligible for and above the calculated 15% same field or similar area may be benefits under this part. considered separate individual stands if mortality). The payment shall be the (d)(1) A new owner of an orchard is lesser of the 75% of actual costs for the the county committee determines that allowed to receive TAP benefits in an the trees, bushes or vines are susceptible replanting or the amount calculated amount not to exceed those approved using rates established by the State to losses at significantly differing levels. for the predecessor owner of the orchard Lost means with respect to the extent committee (not to exceed the maximum and not paid to the predecessor owner, amount the Deputy Administrator of damage to a tree or other plant that if the predecessor owner of the orchard the damage is such that it would, as establishes). The costs permitted shall agrees to the succession in writing and only be approved for: determined by FSA, be more if the new owner: economically beneficial to replace the (1) Seedlings or cuttings, for tree, (i) Acquires ownership of trees, bush or vine replanting; plant rather than to leave it in its bushes or vines for which benefits have deteriorated, low producing state. (2) Site preparation and debris been approved; handling within normal cultural Natural disaster means plant disease, (ii) Agrees to complete all approved insect infestation, drought, fire, freeze, practices for the type of individual practices which the original owner has stand being re-established and necessary flood, earthquake, lightning, or other not completed; and natural occurrence of such magnitude or to ensure successful plant survival; (iii) Otherwise meets and assumes full (3) Chemicals and nutrients necessary severity so as to be considered responsibility for all provisions of this disastrous, as determined by FSA. for successful establishment; part, including refund of payments (4) Labor to plant seedlings or cuttings Normal mortality means the made to the previous owner, if percentage, as established by the State as determined reasonable by the county applicable. committee; and Committee, of lost trees, bushes or vines (2) In the case of death, incompetence in the individual stand that normally (5) Labor used to transplant existing or disappearance of an eligible seedlings established through natural occurs in a 12-month period. orchardist, successors may be eligible to Program year means a calendar year regeneration into a productive tree receive TAP payments as specified in stand. for which funding is available. part 707 of this chapter. Seedling means a tree, bush or vine (b) Costs for fencing, irrigation, which was planted in the ground for § 783.5 Application. irrigation equipment, protection of commercial purposes. (a) A complete application for TAP seedlings from wildlife, general benefits and related supporting improvements, re-establishing § 783.4 Eligibility. documentation must be submitted to the structures, windscreens and other costs (a) To be considered an eligible loss: county office prior to the deadline FSA as determined by the Deputy (1) Eligible trees, bushes or vines must announces. Administrator are not eligible for have been located and lost as a result of (b) A complete application includes reimbursement benefits. natural disasters determined and all of the following: (c) When lost stands are replanted, the announced by FSA as set forth in the (1) A form provided by FSA; types planted may be different than TAP application. (2) A written estimate of the number those originally planted if the new types (2) The individual stand must have of trees, bushes or vines lost or damaged have the same general end use, as the sustained a loss in excess of 15 percent which is prepared by the owner or county committee determines and after adjustment for normal mortality; someone who is a qualified expert, as approves. Payments will be based on the (3) The loss could not have been determined by the county committee; lesser of rates established to plant the prevented through reasonable and (3) The number of acres on which the types actually lost or the cost to available measures; and loss was suffered; and establish the alternative used. If the (4) The tree, bush or vine, in the (4) Sufficient evidence of the loss to species of plantings, seedlings or absence of a qualifying disaster, would allow the county committee to calculate cuttings differs significantly from the not normally have been rehabilitated or whether an eligible loss occurred. species lost then, except as the county

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committee determines, the costs may title under State law, and without regard DEPARTMENT OF AGRICULTURE not be reimbursed. to any claim or lien in favor of any (d) Eligible orchardists may elect not person except agencies of the U.S. Animal and Plant Health Inspection to replant the entire eligible stand. If so, Government. Service the county committee shall calculate (b) Persons shall be ineligible to payment based on the number of 9 CFR Part 78 receive or retain assistance under this qualifying trees, bushes or vines [Docket No. 01–015–1] actually replanted. program if they have: (e) The cumulative total quantity of (1) Adopted any scheme or device Brucellosis in Cattle; State and Area acres planted to trees, bushes or vines intended to defeat the purpose of this Classifications; Missouri for which a person may receive program; assistance at any time under this part AGENCY: Animal and Plant Health (2) Made any fraudulent Inspection Service, USDA. shall not exceed 500 acres. representation; or (f) The cumulative amount of TAP ACTION: Interim rule and request for benefits which any person, as defined in (3) Misrepresented any fact affecting a comments. program determination. accordance with part 1400 of this title, SUMMARY: We are amending the may receive under this part shall not (c) TAP benefits paid to a person as brucellosis regulations concerning the exceed $75,000. a result of misrepresentation shall be interstate movement of cattle by (g) In the event the total amount of refunded to FSA with interest and costs changing the classification of Missouri claims submitted under this part during of collection. The party engaged in acts from Class A to Class Free. We have a sign-up period exceeds the applicable prohibited by this part and the party determined that Missouri meets the funds available for such period, such receiving payment and their successors standards for Class Free status. This payments shall be reduced by a uniform shall be jointly and severally liable for action relieves certain restrictions on national percentage or by such other any amount due. The remedies provided the interstate movement of cattle from method deemed appropriate by the to FSA in this part shall be in addition Missouri. Deputy Administrator. Such payment to other civil, criminal, or reductions shall be applied after the DATES: This interim rule was effective administrative remedies which may imposition of applicable payment February 26, 2004. We will consider all apply. limitation provisions. comments that we receive on or before (d) Program documents executed by May 3, 2004. § 783.7 Obligations of a participant. persons legally authorized to represent ADDRESSES: You may submit comments (a) Eligible orchardists must execute estates or trusts will be accepted only if by any of the following methods: • all required documents and complete such person furnishes evidence of the Postal Mail/Commercial Delivery: the TAP funded practice within 12 authority to execute such documents. Please send four copies of your months of application approval. comment (an original and three copies) (e) A minor who is an owner that has (b) If a person was erroneously to Docket No. 01–015–1, Regulatory determined to be eligible or becomes met all other eligibility criteria shall be Analysis and Development, PPD, ineligible for all or part of a TAP benefit, eligible for TAP assistance if: APHIS, Station 3C71, 4700 River Road the person and successor shall refund (1) The minor establishes that the Unit 118, Riverdale, MD 20737–1238. any payment paid under this part right of majority has been conferred on Please state that your comment refers to together with interest from the date of the minor by court proceedings or by Docket No. 01–015–1. • disbursement at a rate in accordance statute; or E-mail: Address your comment to with part 1403 of this title. [email protected]. Your (2) A guardian has been appointed to comment must be contained in the body (c) Participants must allow manage the minor’s property and the representatives of FSA to visit the site of your message; do not send attached applicable program documents are for the purposes of certifying files. Please include your name and executed by the guardian; or compliance with TAP requirements. address in your message and ‘‘Docket (3) A bond is furnished under which No. 01–015–1’’ on the subject line. § 783.8 Multiple benefits. the surety guarantees any loss incurred • Agency Web Site: Go to http:// Persons may not receive or retain for which the minor would be liable had www.aphis.usda.gov/ppd/rad/ payments for production losses from the minor been an adult. cominst.html for a form you can use to trees, vines and bushes under this part submit an e-mail comment through the (f) The regulations regarding if they have been compensated under APHIS Web site. reconsideration’s and appeals at part 11 another program for the same loss. • Federal eRulemaking Portal: Go to However, this restriction does not apply of this title and part 780 of this chapter http://www.regulations.gov and follow to emergency Federal loans or payments apply to this part. the instructions for locating this docket resulting from purchase of the Signed in Washington DC on February 13, and submitting comments. additional coverage insurance, as 2004. Reading Room: You may read any defined in 7 CFR 400.651. However, in Michael W. Yost, comments that we receive on this docket in our reading room. The reading no case shall the total amount received Acting Administrator, Farm Service Agency. from all sources exceed the amount of room is located in room 1141 of the [FR Doc. 04–4524 Filed 3–01–04; 8:45 am] the owner’s actual loss, unless the USDA South Building, 14th Street and Deputy Administrator shall approve an BILLING CODE 3410–05–P Independence Avenue SW., exemption in writing. Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday § 783.9 Miscellaneous. through Friday, except holidays. To be (a) Any payment or portion thereof sure someone is there to help you, due any person under this part shall be please call (202) 690–2817 before allowed without regard to questions of coming.

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Other Information: You may view maintaining minimum procedural has waived its review under Executive APHIS documents published in the standards for administering the Order 12866. Federal Register and related program. Cattle moved interstate are moved for information, including the names of Before the effective date of this slaughter, for use as breeding stock, or groups and individuals who have interim rule, Missouri was classified as for feeding. Changing the brucellosis commented on APHIS dockets, on the a Class A State. status of Missouri from Class A to Class Internet at http://www.aphis.usda.gov/ To attain and maintain Class Free Free will promote economic growth by ppd/rad/webrepor.html. status, a State or area must (1) remain reducing certain testing and other FOR FURTHER INFORMATION CONTACT: Dr. free from field strain Brucella abortus requirements governing the interstate Debra A. Donch, Senior Staff infection for 12 consecutive months or movement of cattle from this State. Veterinarian, National Center for longer; (2) trace back at least 90 percent Testing requirements for cattle moved Animal Health Programs, VS, APHIS, of all brucellosis reactors found in the interstate for immediate slaughter or to 4700 River Road Unit 43, Riverdale, MD course of MCI testing to the farm of quarantined feedlots are not affected by 20737–1231; (301) 734–6954. origin; (3) successfully close at least 95 this change. Cattle from certified brucellosis-free herds moving interstate SUPPLEMENTARY INFORMATION: percent of the MCI reactor cases traced to the farm of origin during the are not affected by this change. Background consecutive 12-month period The groups affected by this action will Brucellosis is a contagious disease immediately prior to the most recent be herd owners in Missouri, as well as affecting animals and humans, caused anniversary of the date the State or area buyers and importers of cattle from this by bacteria of the genus Brucella. was classified Class Free; and (4) have State. The brucellosis regulations, contained a specified surveillance system, as There are an estimated 61,500 cattle in 9 CFR part 78 (referred to below as described above, including an approved operations in Missouri that may be the regulations), provide a system for individual herd plan in effect within 15 affected by this rule. About 99 percent classifying States or portions of States days of locating the source herd or of these are owned by small entities. according to the rate of Brucella recipient herd. Test-eligible cattle offered for sale infection present and the general The last brucellosis-infected cattle interstate from other than certified-free effectiveness of a brucellosis control and herd in Missouri was depopulated in herds must have a negative test under eradication program. The classifications October 2002. Since then, no present Class A status regulations, but are Class Free, Class A, Class B, and brucellosis-affected herds have been not under regulations concerning Class Class C. States or areas that do not meet detected. Free status. If such testing were the minimum standards for Class C are After reviewing the brucellosis distributed equally among all animals required to be placed under Federal program records for Missouri, we have affected by this rule, Class Free status quarantine. concluded that this State meets the would save owners of cattle operations The brucellosis Class Free standards for Class Free status. approximately $3 to $4 per head. Therefore, we believe that changing classification is based on a finding of no Therefore, we are removing Missouri the brucellosis status of Missouri will known brucellosis in cattle for the 12 from the list of Class A States in not have a significant economic effect months preceding classification as Class § 78.41(b) and adding it to the list of on the small entities affected by this Free. The Class C classification is for Class Free States in § 78.41(a). This interim rule. States or areas with the highest rate of action relieves certain restrictions on Under these circumstances, the brucellosis. Class A and Class B fall moving cattle interstate from Missouri. Administrator of the Animal and Plant between these two extremes. Immediate Action Health Inspection Service has Restrictions on moving cattle interstate determined that this action will not become less stringent as a State Immediate action is warranted to have a significant economic impact on approaches or achieves Class Free remove unnecessary restrictions on the a substantial number of small entities. status. interstate movement of cattle from The standards for the different Missouri. Under these circumstances, Executive Order 12372 classifications of States or areas entail the Administrator has determined that This program/activity is listed in the (1) maintaining a cattle herd infection prior notice and opportunity for public Catalog of Federal Domestic Assistance rate not to exceed a stated level during comment are contrary to the public under No. 10.025 and is subject to 12 consecutive months; (2) tracing back interest and that there is good cause Executive Order 12372, which requires to the farm of origin and successfully under 5 U.S.C. 553 for making this intergovernmental consultation with closing a stated percentage of all action effective less than 30 days after State and local officials. (See 7 CFR part brucellosis reactor cases found in the publication in the Federal Register. 3015, subpart V.) course of Market Cattle Identification We will consider comments we (MCI) testing; (3) maintaining a receive during the comment period for Executive Order 12988 surveillance system that includes testing this interim rule (see DATES above). This interim rule has been reviewed of dairy herds, participation of all After the comment period closes, we under Executive Order 12988, Civil recognized slaughtering establishments will publish another document in the Justice Reform. This rule: (1) Preempts in the MCI program, identification and Federal Register. The document will all State and local laws and regulations monitoring of herds at high risk of include a discussion of any comments that are in conflict with this rule; (2) has infection (including herds adjacent to we receive and any amendments we are no retroactive effect; and (3) does not infected herds and herds from which making to the rule. require administrative proceedings infected animals have been sold or Executive Order 12866 and Regulatory before parties may file suit in court received), and having an individual challenging this rule. herd plan in effect within a stated Flexibility Act number of days after the herd owner is This rule has been reviewed under Paperwork Reduction Act notified of the finding of brucellosis in Executive Order 12866. For this action, This interim rule contains no a herd he or she owns; and (4) the Office of Management and Budget information collection or recordkeeping

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requirements under the Paperwork EFFECTIVE DATE: April 1, 2004. are adopting the proposed rule as a final Reduction Act of 1995 (44 U.S.C. 3501 FOR FURTHER INFORMATION CONTACT: Dr. rule, without change. et seq.). Roger Perkins, Senior Staff Veterinarian, Executive Order 12866 and Regulatory List of Subjects in 9 CFR Part 78 Animals Program, National Center for Flexibility Act Import and Export, VS, APHIS, 4700 Animal diseases, Bison, Cattle, Hogs, River Road Unit 39, Riverdale, MD This rule has been reviewed under Quarantine, Reporting and 20737–1231; (301) 734–8419. Executive Order 12866. The rule has recordkeeping requirements, been determined to be not significant for SUPPLEMENTARY INFORMATION: Transportation. the purposes of Executive Order 12866 ■ Accordingly, we are amending 9 CFR Background and, therefore, has not been reviewed by part 78 as follows: the Office of Management and Budget. The regulations in 9 CFR part 93 We are amending the animal prohibit or restrict the importation of PART 78—BRUCELLOSIS importation regulations to prohibit the certain animals, birds, and poultry into importation of Holstein cross steers and ■ 1. The authority citation for part 78 the United States in order to prevent the Holstein cross spayed heifers from continues to read as follows: introduction of communicable diseases Mexico. The regulations have prohibited Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22, of livestock and poultry. Subpart D of the importation of Holstein steers and 2.80, and 371.4. part 93 (§§ 93.400 through 93.435, Holstein spayed heifers from Mexico referred to below as the regulations) due to the high incidence of § 78.41 [Amended] governs the importation of ruminants. tuberculosis in that breed, but have not ■ 2. Section 78.41 is amended as follows: Section 93.427 of the regulations placed any special restrictions on the ■ a. In paragraph (a), by adding contains restrictions on the importation importation of Holstein cross steers and ‘‘Missouri,’’ in alphabetical order. of ruminants from Mexico. Holstein cross spayed heifers from ■ b. In paragraph (b), by removing the On June 3, 2003, we published in the Mexico. Given that the incidence of word ‘‘Missouri,’’. Federal Register (68 FR 33028–33030, tuberculosis in Holstein cross steers and Docket No. 00–112–1) a proposal to Done in Washington, DC, this 26th day of Holstein cross spayed heifers from February 2004. amend the regulations in § 93.427 to Mexico is comparable to the incidence prohibit importation of Holstein cross Kevin Shea, of tuberculosis in Holstein steers and steers and Holstein cross spayed heifers Holstein spayed heifers, this action is Acting Administrator, Animal and Plant from Mexico. Given that the incidence Health Inspection Service. necessary to protect the health of of bovine tuberculosis in Holstein cross [FR Doc. 04–4599 Filed 3–1–04; 8:45 am] domestic livestock in the United States. steers and Holstein cross spayed heifers Given the size of U.S. livestock BILLING CODE 3410–34–P from Mexico is comparable to that of inventories and the volume of animal bovine tuberculosis in Holstein steers and animal product sales, consequences and Holstein spayed heifers, which have DEPARTMENT OF AGRICULTURE of a large tuberculosis outbreak in the been prohibited entry from Mexico United States could be catastrophic. Animal and Plant Health Inspection since May 1994, we believed it was Cattle in U.S. herds in 2000 were valued Service necessary to prohibit the importation of at $67 billion, with 1999 cash receipts those Holstein cross animals in order to of $36.5 billion from the sale of cattle, 9 CFR Part 93 eliminate a pathway for the introduction calves, beef, and veal. Cash receipts of bovine tuberculosis into the United from the sale of milk and cream in 1999 [Docket No. 00–112–2] States. reached $23.2 billion. The value of fresh We solicited comments concerning Cattle From Mexico beef and veal exports by the United our proposal for 60 days ending August States totaled $2.7 billion in 1999 and AGENCY: Animal and Plant Health 4, 2003. We received three comments by $3 billion in 2000. A widespread bovine Inspection Service, USDA. that date. They were from a State tuberculosis outbreak in the United ACTION: Final rule. agricultural agency, a foreign animal States could potentially cause health agency, and a domestic milk significant production and trade losses. SUMMARY: We are amending the animal producers organization. Two of the The value of cattle imported from importation regulations to prohibit the commenters supported the proposal. Mexico in 1998 through 2001 importation of Holstein cross steers and The remaining commenter expressed represented less than 1 percent of the Holstein cross spayed heifers from concern that the identification criteria value of the total U.S. domestic cattle Mexico. The regulations have prohibited adopted by inspectors on the United supply. Further, the volume of U.S. the importation of Holstein steers and States-Mexico border could create imports of live cattle from Mexico has Holstein spayed heifers from Mexico disagreement, since it may prove generally increased since 1997. Imports due to the high incidence of bovine difficult to differentiate Holsteins or of Holstein cross-bred steers and spayed tuberculosis in that breed, but have not Holstein crosses from other cattle that heifers have generally increased during placed any special restrictions on the simply resemble Holsteins or Holstein the same period. importation of Holstein cross steers and crosses. Holstein cross spayed heifers from Personnel at U.S. ports, both Effect on Small Entities Mexico. Given that the incidence of veterinarians and non-veterinarian Under the Regulatory Flexibility Act, bovine tuberculosis in Holstein cross inspectors, are thoroughly trained and agencies are required to analyze the steers and Holstein cross spayed heifers experienced in identifying all types of economic effects of their regulations on from Mexico is comparable to the breeds and breed crosses. We do not, small businesses and to use flexibility to incidence of tuberculosis in Holstein therefore, believe it is necessary to make provide regulatory relief when steers and Holstein spayed heifers, this any changes in this final rule in regulations create economic disparities action is necessary to protect the health response to that comment. between different-sized entities. of domestic livestock in the United Therefore, for the reasons given in the According to the Small Business States. proposed rule and in this document, we Administration’s (SBA’s) Office of

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Advocacy, regulations create economic Paperwork Reduction Act 07, which applies to all Mitsubishi disparities based on size when they This final rule contains no Heavy Industries, Ltd. (Mitsubishi) MU– have a significant economic impact on information collection or recordkeeping 2B series airplanes. AD 2003–22–07 a substantial number of small entities. requirements under the Paperwork requires incorporating information into U.S. livestock importers, breeders, Reduction Act of 1995 (44 U.S.C. 3501 the Limitations Section of the Airplane and producers would be entities that are et seq.). Flight Manual (AFM) that requires pilot directly affected by this rule. There are training before flight into known or List of Subjects in 9 CFR Part 93 no specific data available on numbers of forecast icing conditions after a certain cattle importers; however, there are Animal diseases, Imports, Livestock, date. AD 2003–22–07 resulted from the approximately 2,000 wholesale Poultry and poultry products, development of a new training video livestock traders (North American Quarantine, Reporting and that includes information that is critical to safety of the MU–2B series airplanes. Industry Classification System [NAICS] recordkeeping requirements. This AD revision is the result of the code 422520), many of whom may also ■ Accordingly, we are amending 9 CFR FAA incorrectly stating in the actions be cattle importers. It is likely that the part 93 as follows: required by AD 2003–22–07 that on or majority of these firms are small entities before June 15, 2004 (the effective date according to the SBA’s criterion of 100 PART 93—IMPORTATION OF CERTAIN of AD 2003–22–07), no person may or fewer employees. There are ANIMALS, BIRDS, AND POULTRY, serve as pilot-in-command (PIC) of a approximately 1 million livestock AND CERTAIN ANIMAL, BIRD, AND MU–2B series airplane in a flight into producers and breeders (NAICS code POULTRY PRODUCTS; known or forecast icing conditions, 112111) in the United States, REQUIREMENTS FOR MEANS OF unless the PIC has received the required approximately 99 percent of which are CONVEYANCE AND SHIPPING CONTAINERS training. Consequently, this AD will small entities according to SBA’s correct the actions required in AD 2003– criterion of annual receipts of $750,000 ■ 1. The authority citation for part 93 22–07 to require those actions on or or less. continues to read as follows: after June 15, 2004. We are issuing this However, given that (1) imported Authority: 7 U.S.C. 1622 and 8301–8317; AD to ensure that the Icing Awareness Mexican cattle account for less than 1 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 Training (IAT) requirement continues percent of the value of the U.S. cattle CFR 2.22, 2.80, and 371.4. after June 15, 2004, in order to decrease supply, and (2) the volume of Holstein the chance of icing-related incidents or ■ cross steers and Holstein cross spayed 2. In § 93.427, paragraph (c)(4) is accidents of the MU–2B series airplanes heifers imported from Mexico is revised to read as follows: due to pilot error. believed to represent a small fraction of § 93.427 Cattle from Mexico. DATES: This AD becomes effective on total cattle imports from Mexico, we * * * * * April 16, 2004. expect that the economic effects on the (c) * * * ADDRESSES: U.S. livestock industry of the You may view the AD (4) The importation of Holstein steers, docket at FAA, Central Region, Office of prohibition will be negligible. The Holstein spayed heifers, Holstein cross the Regional Counsel, Attention: Rules prohibition also will not have a steers, and Holstein cross spayed heifers Docket No. 2003–CE–22–AD, 901 significant effect on U.S. cattle from Mexico is prohibited. Locust, Room 506, Kansas City, importers, breeders, or producers Missouri 64106. Office hours are 8 a.m. because such persons may easily * * * * * to 4 p.m., Monday through Friday, substitute other breeds of cattle for Done in Washington, DC, this 26th day of except Federal holidays. Mexican Holstein cross steers and February 2004. spayed heifers. Kevin Shea, FOR FURTHER INFORMATION CONTACT: Contact one of the following for This prohibition on the importation of Acting Administrator, Animal and Plant Health Inspection Service. questions or more information related to Holstein cross steers and Holstein cross this subject: spayed heifers will benefit the U.S. [FR Doc. 04–4598 Filed 3–1–04; 8:45 am] livestock industry and U.S. consumers BILLING CODE 3410–34–P —For General Icing Related Questions: by helping to prevent the introduction Mr. Paul Pellicano, Aerospace of bovine tuberculosis into the United Engineer (Icing Specialist), Atlanta States. DEPARTMENT OF TRANSPORTATION Aircraft Certification Office, FAA, One Crown Center, 1895 Phoenix Under these circumstances, the Federal Aviation Administration Boulevard, Suite 450, Atlanta, Georgia Administrator of the Animal and Plant 30349; telephone: (770) 703–6064; Health Inspection Service has 14 CFR Part 39 facsimile: (770) 703–6097; determined that this action will not —For Questions Relating to Airplanes have a significant economic impact on [Docket No. 2003–CE–22–AD; Amendment 39–13504; AD 2003–22–07 R1] on Type Certificate Data Sheet (TCDS) a substantial number of small entities. A2PC: Mr. Carl Fountain, Aerospace RIN 2120–AA64 Executive Order 12988 Engineer, Los Angeles Aircraft Certification Office, FAA, 3960 Airworthiness Directives; Mitsubishi This final rule has been reviewed Paramount Boulevard, Lakewood, Heavy Industries, Ltd., MU–2B Series under Executive Order 12988, Civil California 90712; telephone: (562) Airplanes Justice Reform. This rule: (1) Preempts 627–5222; facsimile: (562) 627–5228; all State and local laws and regulations AGENCY: Federal Aviation or that are inconsistent with this rule; (2) Administration (FAA), DOT. —For Questions Relating to Airplanes has no retroactive effect; and (3) does ACTION: Final rule; correction. on TCDS A10SW: Mr. Werner Koch, not require administrative proceedings Aerospace Engineer, FAA, Airplane before parties may file suit in court SUMMARY: The FAA is revising Certification Office, 2601 Meacham challenging this rule. Airworthiness Directive (AD) 2003–22– Boulevard, Fort Worth, Texas 76193–

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0150; telephone: (817) 222–5133; Since the unsafe condition described AFM incorporation is ‘‘within the next facsimile: (817) 222–5960. previously is likely to exist or develop 10 days after the effective date of this SUPPLEMENTARY INFORMATION: in Mitsubishi MU–2B series airplanes AD.’’ The actual viewing of the training when the PIC is not proficient in the video will be incorporated into the Discussion operating conditions of these airplanes, current schedule of the video required Has FAA taken any action to this we are issuing this AD to decrease the by AD 97–20–14. point? Analysis that the training level of chance of icing-related incidents or Why is the compliance time presented the pilots-in-command (PIC) of the MU– accidents of the MU–2B series airplanes in calendar time instead of hours time- 2B series airplanes made it difficult for due to pilot error. in-service (TIS)? The unsafe condition them to recognize adverse operating What does this AD require? This AD described in this AD is not a direct conditions and operate safely while requires you to incorporate information result of airplane design or operation, flying in icing conditions caused FAA to into the Limitations Section of the but is attributed to the expertise and issue AD 97–20–14, Amendment 39– Airplane Flight Manual (AFM) that knowledge of the PIC. For this reason, 10150, and AD 2003–22–07, requires pilot training before further FAA has determined that a compliance Amendment 39–13355. flight into known or forecast icing time based upon calendar time will be AD 97–20–14 required incorporating conditions after a certain date. That used instead of a certain number of information into the Limitations Section AFM limitation consists of the hours TIS. of the Airplane Flight Manual (AFM) following: Comments Invited that requires pilot training before further On or after June 15, 2004, no person may flight into known or forecast icing serve as pilot-in-command (PIC) of a Will I have the opportunity to conditions after a certain date. Mitsubishi MU–2B series airplane in a flight AD 2003–22–07 also requires into known or forecast icing conditions, comment before you issue the rule? This incorporating information into the unless the PIC has received the following AD is a final rule that involves Limitations Section of the Airplane training since the beginning of the 24th requirements affecting flight safety and Flight Manual (AFM) that requires pilot calendar month before the scheduled flight: was not preceded by notice and an training before further flight into known FAA-approved Mitsubishi Icing Awareness opportunity for public comment; or forecast icing conditions after a Training (IAT) video YET–01295. One however, we invite you to submit any exception is that if training mandated by AD written relevant data, views, or certain date based on a new training 97–20–14 has been received in the 24 months video developed by Mitsubishi. arguments regarding this AD. Send your before June 15, 2004, then the new training comments to an address listed under What has happened since AD 2003– must be done no later than 24 months after 22–07 to initiate this action? We the date of the AD 97–20–14 training. This ADDRESSES. Include ‘‘AD Docket No. incorrectly stated in the AFM Limitation two-hour training has been available since 2003–CE–22–AD’’ in the subject line of that on or before June 15, 2004 (the July 2, 2002, and is provided by Mitsubishi your comments. If you want us to effective date of AD 2003–22–07), no Heavy Industries at no cost, as part of the acknowledge receipt of your mailed person may serve as pilot-in-command Mitsubishi Systems Review (MSR) program. comments, send us a self-addressed, (PIC) of a MU–2B series airplane in a To sign up for the planned training schedules stamped postcard with the docket or to arrange training at a more convenient flight into known or forecast icing number written on it; we will date- time and location, contact Turbine Aircraft stamp your postcard and mail it back to conditions, unless the PIC has received Services at (972) 934–5480. Training is also the required training. available at the Sim Com and Reese Howell you. We specifically invite comments Stating on or before June 15, 2004, Enterprises training facilities and some local on the overall regulatory, economic, means that after June 15, 2004, there is Flight Standards District Offices (FSDOs). environmental, and energy aspects of no longer a requirement to get the IAT Pilot logbook endorsements are available the rule that might suggest a need to training. This was not the intent of the after completing this training from: Sim Com, modify it. If a person contacts us FAA or Mitsubishi. Reese Howell Enterprises, Turbine Aircraft through a nonwritten communication, The correct statement in the AFM Services (TAS), an FAA Aviation Safety and that contact relates to a substantive Limitation should be that on or after Inspector, or other FAA authorized part of this AD, we will summarize the personnel. Please note that all operators of June 15, 2004, no person may serve as the affected airplanes must initiate action to contact and place the summary in the pilot-in-command (PIC) of a MU–2B notify and ensure that flight crewmembers docket. We will consider all comments series airplane in a flight into known or are aware of this requirement. received by the closing date and may forecast icing conditions, unless the PIC amend the AD in light of those has received the required training. Changes to 14 CFR Part 39—Affect on comments. What is the potential impact if FAA the AD took no action? If the language in the How does the revision to 14 CFR part Regulatory Findings AFM Limitation Section is not 39 affect this AD? On July 10, 2002, we Will this AD impact various entities? corrected, no one would be required to published a new version of 14 CFR part We have determined that this AD will have the mandatory pilot IAT training 39 (67 FR 47997, July 22, 2002), which not have federalism implications under after June 15, 2004. Lack of mandatory governs FAA’s AD system. This Executive Order 13132. This AD will pilot IAT training could result in an regulation now includes material that not have a substantial direct effect on increased chance of icing-related relates to altered products, special flight the States, on the relationship between incidents or accidents of the MU–2B permits, and alternative methods of the national government and the States, series airplanes due to pilot error. compliance. This material previously or on the distribution of power and was included in each individual AD. FAA’s Determination and Requirements responsibilities among the various Since this material is included in 14 of the AD levels of government. CFR part 39, we will not include it in Will this AD involve a significant rule What has FAA decided? We have future AD actions. evaluated all pertinent information and or regulatory action? For the reasons identified an unsafe condition that is Compliance Time of This AD discussed above, I certify that this AD: likely to exist or develop on other What will be the compliance time of 1. Is not a ‘‘significant regulatory products of this same type design. this AD? The compliance time of this action’’ under Executive Order 12866;

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2. Is not a ‘‘significant rule’’ under the PART 39—AIRWORTHINESS 40, and MU–2B–60 airplanes, all serial DOT Regulatory Policies and Procedures DIRECTIVES numbers, that are certificated in any category. (44 FR 11034, February 26, 1979); and Note: This AD also applies to owners and ■ 1. The authority citation for part 39 operators who are operating an MU–2B that 3. Will not have a significant continues to read as follows: is under the Alternative Method of economic impact, positive or negative, Authority: 49 U.S.C. 106(g), 40113, 44701. Compliance (AMOC) to Item (d)(2) of AD on a substantial number of small entities 2000–09–15 R1, for non-air carrier pilots, that under the criteria of the Regulatory § 39.13 [Amended] requires annual viewing of the Icing Flexibility Act. ■ 2. FAA amends § 39.13 by removing Awareness Video YET–01295. This AMOC stated that Mitsubishi Heavy Industries We prepared a summary of the costs Airworthiness Directive (AD) 2003–22– America (MHIA) produced icing training to comply with this AD and placed it in 07, Amendment 39–13355 (68 FR 61613, video referenceYET–97336A may optionally the AD Docket. You may get a copy of October 29, 2003), and by adding a new be used as an alternative to the YET 01295 this summary by sending a request to us AD to read as follows: until November 24, 2004, provided it is a at the address listed under ADDRESSES. 2003–22–07 R1 Mitsubishi Heavy valid method of compliance to AD 97–20–14. Include ‘‘AD Docket No. 2003–CE–22– Industries, Ltd.: Amendment 39–13504; As of June 15, 2004, YET–97336A will now no longer be a valid method of compliance AD’’ in your request. Docket No. 2003–CE–22–AD; Revises AD 2003–22–07, Amendment 39–13355. for this AMOC. List of Subjects in 14 CFR Part 39 When Does This AD Become Effective? What Is the Unsafe Condition Presented in This AD? Air transportation, Aircraft, Aviation (a) This AD becomes effective on April 16, safety, Safety. 2004. (d) This AD is the result of Mitsubishi developing a new training video that Adoption of the Amendment What Other ADs Are Affected by This includes information that is critical to safety Action? of the MU–2B series airplanes. The actions ■ Accordingly, under the authority (b) This AD revises AD 2003–22–07, specified in this AD are intended to decrease delegated to me by the Administrator, Amendment 39–13355. the chance of icing-related incidents or accidents of the MU–2B series airplanes due the Federal Aviation Administration What Airplanes Are Affected by This AD? to pilot error. amends part 39 of the Federal Aviation (c) This AD affects Models MU–2B, MU– Regulations (14 CFR part 39) as follows: 2B–10, MU–2B–15, MU–2B–20, MU–2B–25, What Must I Do To Address This Problem? MU–2B–26, MU–2B–26A, MU–2B–30, MU– (e) To address this problem, you must 2B–35, MU–2B–36, MU–2B–36A, MU–2B– accomplish the following:

Actions Compliance Procedures

Incorporate information into the Limitations Sec- Do the AFM incorporation within the next 10 The owner/operator holding at least a private tion of the Airplane Flight Manual (AFM) that days after April 16, 2004 (the effective date pilot certificate as authorized by section requires pilot training before further flight into of this AD). 43.7 of the Federal Aviation Regulations known or forecast icing conditions after a cer- (14 CFR 43.7) may accomplish the AFM in- tain date. This AFM limitation consists of the corporation requirement of this AD. Make following: ‘‘On or after June 15, 2004, no per- an entry into the aircraft records showing son may serve as pilot-in-command (PIC) of compliance with this portion of the AD in a Mitsubishi MU–2B series airplane in a flight accordance with § 43.9 of the Federal Avia- into known or forecast icing conditions, un- tion Regulations (14 CFR 43.9). Inserting a less the PIC has received the following train- copy of this AD into the Limitations Section ing since the beginning of the 24th calendar of the AFM accomplishes this portion of the month before the scheduled flight: FAA-ap- AD. proved Mitsubishi Icing Awareness Training (IAT) video YET–01295. One exception is that if training mandated by AD 97–20–14 has been received in the 24 months before June 15, 2004, then the new training must be done no later than 24 months after the date of the AD 97–20–14 training. This two-hour training has been available since July 2, 2002, and is provided by Mitsubishi Heavy Industries at no cost. To sign up for the planned training schedules or to arrange training at a more convenient time and loca- tion, contact Turbine Aircraft Services at (972) 934–5480. Training is also available at Sim Com and Reese Howell Enterprises training facilities and some local Flight Stand- ards District Offices (FSDOs). Pilot logbook endorsements are available after completing this training from: Sim Com, Reese Howell Enterprises, Turbine Aircraft Services (TAS), an FAA Aviation Safety Inspector, or other FAA authorized personnel. Please note that all operators of the affected airplanes must initiate action to notify and ensure that flight crewmembers are aware of this require- ment.’’.

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What About Alternative Methods of Morris Ave., Union, NJ 07083, filed a (e)(1)(i), (e)(1)(ii)(B), and (e)(1)(iii) of Compliance? supplement to NADA 112–051 for this section; for 11.7-, 46.8-, and 544.5- (f) You may request a different method of LEVASOLE (levamisole) Soluble Drench g packages as in paragraph (e)(2)(i), compliance or a different compliance time Powder revising the description of (e)(2)(ii)(B), and (e)(2)(iii) of this section; for this AD by following the procedures in 14 various internal parasites in labeling for and for an 18.15-g package as in CFR 39.19. Unless FAA authorizes otherwise, levamisole powder, used to make a paragraph (e)(3) of this section. send your request to your principal drench solution for oral administration (2) No. 053501 for use of a 46.8-g inspector. The principal inspector may add package as in paragraph (e)(1)(i), comments and will send your request to the to cattle and sheep. The supplemental Manager, Standards Office, Small Airplane NADA is approved as of December 23, (e)(1)(ii)(a), and (e)(1)(iii) of this section; Directorate, 901 Locust, Room 301, Kansas 2003, and the regulations are revised in for 11.7- and 46.8-g packages as in City, Missouri 64106; telephone: (816) 329– 21 CFR 520.1242a to reflect the approval paragraph (e)(2)(i), (e)(2)(ii)(A), and 4110; facsimile: (816) 329–4090. and a current format. The basis of (e)(2)(iii) of this section; and for 9.075- (1) For information on any already approval is discussed in the freedom of and 18.15-g packages as in paragraph approved alternative methods of compliance, information summary. (e)(3) of this section. contact Mr. Paul Pellicano, Aerospace In accordance with the freedom of (3) No. 057561 for use of 46.8- and Engineer (Icing Specialist), Atlanta Aircraft information provisions of 21 CFR part 544.5-g packages as in paragraphs Certification Office, FAA, One Crown Center, 20 and 21 CFR 514.11(e)(2)(ii), a (e)(1)(i), (e)(1)(ii)(A), and (e)(1)(iii) and 1895 Phoenix Boulevard, Suite 450, Atlanta, (e)(2)(i), (e)(2)(ii)(A), and (e)(2)(iii) of Georgia 30349; telephone: (770) 703–6064; summary of safety and effectiveness facsimile: (770) 703–6097. data and information submitted to this section. (2) Alternative methods of compliance support approval of this application (4) No. 059130 for use of an 18.15-g approved in accordance with AD 2003–22– may be seen in the Division of Dockets package as in paragraph (e)(3) of this 07, which is revised by this AD, are approved Management (HFA–305), Food and Drug section. as alternative methods of compliance with Administration, 5630 Fishers Lane, rm. (c) Related tolerances. See § 556.350 this AD. 1061, Rockville, MD 20852, between 9 of this chapter. Issued in Kansas City, Missouri, on a.m. and 4 p.m., Monday through (d) Special considerations. See February 24, 2004. Friday. § 500.25 of this chapter. James E. Jackson, The agency has determined under 21 (e) Conditions of use. It is used as an CFR 25.33(a)(1) that this action is of a anthelmintic as follows: Acting Manager, Small Airplane Directorate, (1)Cattle—(i) Amount. 8 milligrams Aircraft Certification Service. type that does not individually or per kilogram (mg/kg) body weight as a [FR Doc. 04–4512 Filed 3–1–04; 8:45 am] cumulatively have a significant effect on the human environment. Therefore, drench. BILLING CODE 4910–13–P (ii) Indications for use—(A) Effective neither an environmental assessment against the following nematode nor an environmental impact statement infections: Stomach worms is required. DEPARTMENT OF HEALTH AND (Haemonchus, Trichostrongylus, HUMAN SERVICES This rule does not meet the definition of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because Ostertagia); intestinal worms (Trichostrongylus, Cooperia, Food and Drug Administration it is a rule of ‘‘particular applicability.’’ Therefore, it is not subject to the Nematodirus, Bunostomum, Oesophagostomum); and lungworms 21 CFR Part 520 congressional review requirements in 5 U.S.C. 801–808. (Dictyocaulus). (B) Effective against the following Oral Dosage Form New Animal Drugs; List of Subjects in 21 CFR Part 520 adult nematode infections: Stomach Levamisole Powder for Oral Solution Animal drugs. worms (Haemonchus placei, Ostertagia ostertagi, Trichostrongylus axei); AGENCY: Food and Drug Administration, ■ Therefore, under the Federal Food, intestinal worms (T. longispicularis, HHS. Drug, and Cosmetic Act and under Cooperia oncophora, C. punctata, ACTION: Final rule. authority delegated to the Commissioner Nematodirus spathiger, Bunostomum of Food and Drugs and redelegated to the SUMMARY: phlebotomum, Oesophagostomum The Food and Drug Center for Veterinary Medicine, 21 CFR radiatum); and lungworms Administration (FDA) is amending the part 520 is amended as follows: animal drug regulations to reflect (Dictyocaulus viviparus). approval of a supplemental new animal PART 520—ORAL DOSAGE FORM (iii) Limitations. Do not slaughter for drug application (NADA) filed by NEW ANIMAL DRUGS food within 48 hours of treatment. Not Schering-Plough Animal Health Corp. for use in dairy animals of breeding age. The supplemental NADA revises the ■ 1. The authority citation for 21 CFR Conditions of constant helminth description of various internal parasites part 520 continues to read as follows: exposure may require retreatment 2 to 4 in labeling for levamisole powder, used Authority: 21 U.S.C. 360b. weeks after the first treatment. Consult to make a drench solution for oral ■ 2. Section 520.1242a is revised to read your veterinarian before using in administration to cattle and sheep. as follows: severely debilitated animals. DATES: This rule is effective March 2, (2) Sheep—(i) Amount. 8 mg/kg body 2004. § 520.1242a Levamisole powder for oral weight as a drench. solution. (ii) Indications for use—(A) Effective FOR FURTHER INFORMATION CONTACT: (a) Specifications. Each package of against the following nematode Janis R. Messenheimer, Center for powder contains 9.075, 11.7, 18.15, infections: Stomach worms Veterinary Medicine (HFV–130), Food 46.8, or 544.5 grams (g) levamisole (Haemonchus, Trichostrongylus, and Drug Administration, 7500 Standish hydrochloride. Ostertagia); intestinal worms Pl., Rockville, MD 20855, 301–827– (b) Sponsors. See sponsors in (Trichostrongylus, Cooperia, 7578, e-mail: [email protected]. § 510.600(c) for use as follows: Nematodirus, Bunostomum, SUPPLEMENTARY INFORMATION: Schering- (1) No. 000061 for use of 46.8- and Oesophagostomum, Chabertia); and Plough Animal Health Corp., 1095 544.5-g packages as in paragraph lungworms (Dictyocaulus).

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(B) Effective against the following ENVIRONMENTAL PROTECTION alternatives to ODSs exist in these end- adult nematode infections: Stomach AGENCY uses. worms (Haemonchus contortus, EFFECTIVE DATE: March 2, 2004. Trichostrongylus axei, Teladorsagia 40 CFR Part 82 ADDRESSES: Information relevant to this circumcincta); intestinal worms [FRL–7629–2] notice is contained in Air Docket A–91– (Trichostrongylus colubriformis, RIN 2060–AG12 42, 1301 Constitution Avenue, NW., Cooperia curticei, Nematodirus U.S. Environmental Protection Agency, spathiger, Bunostomum Protection of Stratospheric Ozone Mail Code 6102T; Washington, DC trigonocephalum, Oesophagostomum 20460. The docket reading room is columbianum, Chabertia ovina), and AGENCY: Environmental Protection Agency. located at the address above in room lungworms (Dictyocaulus filaria). B102 in the basement. Reading room ACTION: Notice of denial of petition. (iii) Limitations. Do not slaughter for telephone: (202) 566–1744, facsimile: food within 72 hours of treatment. SUMMARY: This action notifies the public (202) 566–1749 Air docket staff Conditions of constant helminth that the Agency received a petition telephone: (202) 566–1742 and exposure may require retreatment 2 to 4 pursuant to section 612(d) of the Clean facsimile: (202) 566–1741 You may weeks after the first treatment. Consult Air Act, under the Significant New inspect the docket between 8:30 a.m. veterinarian before using in severely Alternatives Policy (SNAP) Program, and 4:30 p.m. weekdays. As provided in debilitated animals. and that EPA is denying the petition. 40 CFR Part 2, a reasonable fee may be SNAP implements section 612 of the charged for photocopying. (3) Swine—(i) Amount. 8 mg/kg body Clean Air Act Amendments of 1990, weight in drinking water. FOR FURTHER INFORMATION CONTACT: which requires EPA to evaluate Dave Godwin by telephone at (202) 343– (ii) Indications for use. Effective substitutes for ozone-depleting 9324, by facsimile at (202) 343–2316, by against the following nematode substances (ODSs) and to regulate the e-mail at [email protected], or by infections: Large roundworms (Ascaris use of substitutes where other mail at U.S. Environmental Protection suum), nodular worms alternatives exist that reduce overall risk Agency, Mail Code 6205J, Washington, (Oesophagostomum spp.), intestinal to human health and the environment. DC 20460. Through these evaluations, EPA thread worms (Strongyloides ransomi) For more information on the Agency’s generates lists of acceptable and and lungworms (Metastrongylus spp.). process for administering the SNAP unacceptable substitutes for each of the program or criteria for evaluation of (iii) Limitations. Do not administer major industrial use sectors that use substitutes, refer to the original SNAP within 72 hours of slaughter for food. ODSs, including the refrigeration and Pigs maintained under conditions of air-conditioning sector. OZ Technology, rulemaking published in the Federal constant exposure to worms may require Inc. submitted HC–12a, previously Register on March 18, 1994 (59 FR retreatment within 4 to 5 weeks after the referenced as Hydrocarbon Blend B, as 13044). Notices and rulemakings under first treatment. Consult your a CFC–12 substitute in a variety of end- the SNAP program, as well as other EPA veterinarian before administering to sick uses on July 19, 1994. In a June 13, 1995 publications on protection of swine. final SNAP rulemaking (60 FR 31092), stratospheric ozone, are available from EPA’s Ozone Depletion World Wide Dated: February 12, 2004. EPA found the use of HC–12a unacceptable as a substitute for CFC–12 Web site at http://www.epa.gov/ozone/ Steven D. Vaughn, in all end-uses other than industrial including the SNAP portion at http:// Director, Office of New Animal Drug process refrigeration. This www.epa.gov/ozone/snap/. Evaluation, Center for Veterinary Medicine. determination was based on a lack of SUPPLEMENTARY INFORMATION: Since the [FR Doc. 04–4518 Filed 3–1–04; 8:45 am] adequate data demonstrating that HC– publication of this unacceptability BILLING CODE 4160–01–S 12a could be used safely in these end- determination, OZ Technology, Inc. uses; the most recent petition from OZ (‘‘OZ’’) has petitioned EPA four times. does not provide any additional The following table provides information to address this issue. In information about each of the previous addition, numerous other acceptable petitions and EPA’s denials.

Location Item Date (within docket FR Notice A–91–42)

OZ Petition 1 ...... November 4, 1994 ...... VI–D–75 N/A EPA Denial of Petition 1 ...... July 25, 1995 ...... VI–C–7 60 FR 49407 OZ Petition 2 ...... December 5, 1995 ...... VI–D–135 N/A EPA Denial of Petition 2 ...... August 30, 1996 ...... VI–C–20 61 FR 51018 OZ Petition 3 ...... May 1, 1998 ...... VI–D–229 N/A EPA Denial of Petition 3 ...... November 13, 1998 ...... VI–C–28 64 FR 3272

On July 8, 2003, OZ petitioned EPA refrigeration end-use, where EPA has included in the petition did not for the fourth time, once again already found the use of HC–12a as adequately address safety issues requesting that EPA remove HC–12a acceptable. The petition is in Air Docket regarding the use of HC–12a as a CFC– from the unacceptable list and add it to A–91–42, file number VI–D–306. On 12 substitute in the subject end-uses. the acceptable list as an ODS substitute January 14, 2004, EPA notified the The denial and the accompanying in all refrigeration and air-conditioning company that it has denied the petition documentation are in Air Docket A–91– end-uses, except the industrial process on the basis that the information 42, file number VI–C–31. This Notice

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publicizes EPA’s denial of the fourth third date (‘‘Susp.’’) listed in the third (section 202(a) of the Flood Disaster petition. column of the following tables. Protection Act of 1973, 42 U.S.C. Contact the Stratospheric Protection ADDRESSES: If you wish to determine 4106(a), as amended). This prohibition Hotline at 1–800–296–1996, Monday- whether a particular community was against certain types of Federal Friday, between the hours of 10 a.m. suspended on the suspension date, assistance becomes effective for the and 4 p.m. (Eastern Time) weekdays. contact the appropriate FEMA Regional communities listed on the date shown For more information on the Agency’s Office or the NFIP servicing contractor. in the last column. The Administrator process for administering the SNAP FOR FURTHER INFORMATION CONTACT: finds that notice and public comment program or criteria for evaluation of Mike Grimm, Mitigation Division, 500 C under 5 U.S.C. 553(b) are impracticable substitutes, refer to the SNAP final Street, SW.; Room 412, Washington, DC and unnecessary because communities rulemaking published in the Federal 20472, (202) 646–2878. listed in this final rule have been Registeron March 18, 1994 (59 FR SUPPLEMENTARY INFORMATION: The NFIP adequately notified. 13044). Federal Register notices can be enables property owners to purchase Each community receives a 6-month, ordered from the Government Printing flood insurance which is generally not 90-day, and 30-day notification Office Order Desk (202) 783–3238; the otherwise available. In return, addressed to the Chief Executive Officer citation is the date of publication. This communities agree to adopt and that the community will be suspended Notice may also be obtained on the administer local floodplain management unless the required floodplain World Wide Web at http:// aimed at protecting lives and new management measures are met prior to www.epa.gov/docs/ozone/title6/snap/. construction from future flooding. the effective suspension date. Since these notifications have been made, this List of Subjects in 40 CFR Part 82 Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 final rule may take effect within less Environmental protection, U.S.C. 4022, prohibits flood insurance than 30 days. Administrative practice and procedure, coverage as authorized under the National Environmental Policy Act. Air pollution control, Reporting and National Flood Insurance Program, 42 This rule is categorically excluded from recordkeeping requirements. U.S.C. 4001 et seq.; unless an the requirements of 44 CFR Part 10, Dated: February 20, 2004. appropriate public body adopts Environmental Considerations. No Michael O. Leavitt, adequate floodplain management environmental impact assessment has Administrator. measures with effective enforcement been prepared. [FR Doc. 04–4627 Filed 3–1–04; 8:45 am] measures. The communities listed in Regulatory Flexibility Act. The Administrator has determined that this BILLING CODE 6560–50–P this document no longer meet that statutory requirement for compliance rule is exempt from the requirements of with program regulations, 44 CFR part the Regulatory Flexibility Act because 59 et seq. Accordingly, the communities the National Flood Insurance Act of DEPARTMENT OF HOMELAND will be suspended on the effective date 1968, as amended, 42 U.S.C. 4022, SECURITY in the third column. As of that date, prohibits flood insurance coverage flood insurance will no longer be unless an appropriate public body Federal Emergency Management available in the community. However, adopts adequate floodplain management Agency some of these communities may adopt measures with effective enforcement and submit the required documentation measures. The communities listed no 44 CFR Part 64 of legally enforceable floodplain longer comply with the statutory requirements, and after the effective [Docket No. FEMA–7827] management measures after this rule is published but prior to the actual date, flood insurance will no longer be Suspension of Community Eligibility suspension date. These communities available in the communities unless will not be suspended and will continue they take remedial action. AGENCY: Federal Emergency their eligibility for the sale of insurance. Regulatory Classification. This final Management Agency, Emergency A notice withdrawing the suspension of rule is not a significant regulatory action Preparedness and Response Directorate, the communities will be published in under the criteria of section 3(f) of Department of Homeland Security. the Federal Register. Executive Order 12866 of September 30, ACTION: Final rule. In addition, the Federal Emergency 1993, Regulatory Planning and Review, Management Agency has identified the 58 FR 51735. SUMMARY: This rule identifies special flood hazard areas in these Paperwork Reduction Act. This rule communities, where the sale of flood communities by publishing a Flood does not involve any collection of insurance has been authorized under Insurance Rate Map (FIRM). The date of information for purposes of the the National Flood Insurance Program the FIRM if one has been published, is Paperwork Reduction Act, 44 U.S.C. (NFIP), that are suspended on the indicated in the fourth column of the 3501 et seq. effective dates listed within this rule table. No direct Federal financial Executive Order 12612, Federalism. because of noncompliance with the assistance (except assistance pursuant to This rule involves no policies that have floodplain management requirements of the Robert T. Stafford Disaster Relief federalism implications under Executive the program. If the Federal Emergency and Emergency Assistance Act not in Order 12612, Federalism, October 26, Management Agency (FEMA) receives connection with a flood) may legally be 1987, 3 CFR, 1987 Comp.; p. 252. documentation that the community has provided for construction or acquisition Executive Order 12778, Civil Justice adopted the required floodplain of buildings in the identified special Reform. This rule meets the applicable management measures prior to the flood hazard area of communities not standards of section 2(b)(2) of Executive effective suspension date given in this participating in the NFIP and identified Order 12778, October 25, 1991, 56 FR rule, the suspension will be withdrawn for more than a year, on the Federal 55195, 3 CFR, 1991 Comp.; p. 309. by publication in the Federal Register. Emergency Management Agency’s List of Subjects in 44 CFR Part 64 EFFECTIVE DATES: The effective date of initial flood insurance map of the each community’s suspension is the community as having flood-prone areas Flood insurance, Floodplains.

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■ Accordingly, 44 CFR part 64 is Authority: 42 U.S.C. 4001 et seq.; § 64.6 [Amended] amended as follows: Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, ■ 2. The tables published under the PART 64—[AMENDED] 3 CFR, 1979 Comp.; p. 376. authority of § 64.6 are amended as follows: ■ 1. The authority citation for Part 64 continues to read as follows:

Date certain fed- eral assistance Community Effective date authorization/cancellation of Current effective no longer avail- State and location No. sale of flood insurance in community map date able in special flood hazard areas

Region V Ohio: Fayette County, Unincorporated Areas 390164 February 17, 1993, Emerg.; June 1, 1995, Mar. 2, 2004 ..... Mar. 2, 2004. Reg.; March 2, 2004, Susp. Jeffersonville, Village of, Fayette Coun- 390165 October 14, 1975, Emerg.; March 5, 1990, ...... do ...... Do. ty. Reg.; March 2, 2004, Susp. Washington Court House, City of, Fay- 390166 March 12, 1975, Emerg.; August 15, 1978, ...... do ...... Do. ette County. Reg.; March 2, 2004, Susp. Region III Pennsylvania: Anthony Township of, Lycoming County 420971 December 6, 1973, Emerg.; December 1, Mar. 16, 2004 ... Mar. 16, 2004. 1986, Reg.; March 16, 2004, Susp. Armstrong, Township of, Lycoming 420635 March 30, 1973, Emerg.; September 28, ...... do ...... Do. County. 1979, Reg.; March 16, 2004, Susp. Bastress, Township of, Lycoming Coun- 422472 February 3, 1980, Emerg.; September 24, ...... do ...... Do. ty. 1984, Reg.; March 16, 2004, Susp. Brady, Township of, Lycoming County 421169 April 30, 1974, Emerg.; July 16, 1979, Reg.; ...... do ...... Do. March 16, 2004, Susp. Brown, Township of, Lycoming County 420636 May 11, 1973, Emerg.; March 2, 1981, ...... do ...... Do. Reg.; March 16, 2004, Susp. Cascade, Township of, Lycoming Coun- 421837 July 29, 1976, Emerg.; December 1, 1986, ...... do ...... Do. ty. Reg.; March 16, 2004, Susp. Clinton, Township of, Lycoming County 420637 April 10, 1973, Emerg.; September 28, ...... do ...... Do. 1979, Reg.; March 16, 2004, Susp. Cogan House, Township of, Lycoming 421838 February 5, 1981, Emerg.; June 1, 1987, ...... do ...... Do. County. Reg.; March 16, 2004, Susp. Cummings, Township of, Lycoming 420638 June 6, 1973, Emerg.; September 17, 1980, ...... do ...... Do. County. Reg.; March 16, 2004, Susp. Duboistown, Borough of, Lycoming 420639 December 22, 1972, Emerg.; March 1, ...... do ...... Do. County. 1977, Reg.; March 16, 2004, Susp. Eldred, Township of, Lycoming County 421839 June 20, 1974, Emerg.; September 17, ...... do ...... Do. 1980, Reg.; March 16, 2004, Susp. Fairfield, Township of, Lycoming Coun- 420972 September 25, 1973, Emerg.; June 1, 1981, ...... do ...... Do. ty. Reg.; March 16, 2004, Susp. Franklin, Township of, Lycoming Coun- 420973 January 28, 1974, Emerg.; June 1, 1987, ...... do ...... Do. ty. Reg.; March 16, 2004, Susp. Gamble, Township of, Lycoming County 420974 August 1, 1973, Emerg.; September 30, ...... do ...... Do. 1980, Reg.; March 16, 2004, Susp. Hepburn, Township of, Lycoming Coun- 420640 June 19, 1973, Emerg.; February 17, 1982, ...... do ...... Do. ty. Reg.; March 16, 2004, Susp. Hughesville, Borough of, Lycoming 420641 January 21, 1974, Emerg.; October 15, ...... do ...... Do. County. 1981, Reg.; March 16, 2004, Susp. Jackson, Township of, Lycoming Coun- 422601 January 19, 1989, Emerg.; January 1, ...... do ...... Do. ty. 1991, Reg.; March 16, 2004, Susp. Jersey Shore, Borough of, Lycoming 420642 October 27, 1972, Emerg.; March 5, 1976, ...... do ...... Do. County. Reg.; March 16, 2004, Susp. Jordan, Township of, Lycoming County 422596 January 27, 1976, Emerg.; December 1, ...... do ...... Do. 1986, Reg.; March 16, 2004, Susp. Lewis, Township of, Lycoming County.. 420643 June 14, 1973, Emerg.; March 2, 1983, ...... do ...... Do. Reg.; March 16, 2004, Susp. Limestone, Township of, Lycoming 422588 June 5, 1980, Emerg.; June 1, 1987, Reg.; ...... do ...... Do. County. March 16, 2004, Susp. Loyalsock, Township of, Lycoming 421040 February 5, 1974, Emerg.; May 16, 1977, ...... do ...... Do. County. Reg.; March 16, 2004, Susp. Lycoming, Township of, Lycoming 420644 May 4, 1973, Emerg.; September 17, 1980, ...... do ...... Do. County. Reg.; March 16, 2004, Susp. McHenry, Township of, Lycoming 420975 September 7, 1973, Emerg.; August 15, ...... do ...... Do. County. 1980, Reg.; March 16, 2004, Susp. McIntyre, Township of, Lycoming Coun- 420645 June 6, 1973, Emerg.; November 4, 1981, ...... do ...... Do. ty. Reg.; March 16, 2004, Susp.

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Date certain fed- eral assistance Community Effective date authorization/cancellation of Current effective no longer avail- State and location No. sale of flood insurance in community map date able in special flood hazard areas

McNett, Township of, Lycoming County 422597 September 26, 1975, Emerg.; December ...... do ...... Do. 23, 1983, Reg.; March 16, 2004, Susp. Mifflin, Township of, Lycoming County 422590 September 15, 1975, Emerg.; April 17, ...... do ...... Do. 1985, Reg.; March 16, 2004, Susp. Mill Creek, Township of, Lycoming 421845 October 14, 1975, Emerg.; March 2, 1979, ...... do ...... Do. County. Reg.; March 16, 2004, Susp. Montgomery, Borough of, Lycoming 420646 September 1, 1972, Emerg.; June 15, 1978, ...... do ...... Do. County. Reg.; March 16, 2004, Susp. Montoursville, Borough of, Lycoming 420648 February 9, 1973, Emerg.; August 15, ...... do ...... Do. County. 1977, Reg.; March 16, 2004, Susp. Moreland, Township of, Lycoming 421846 June 15, 1976, Emerg.; March 2, 1981, ...... do ...... Do. County. Reg.; March 16, 2004, Susp. Muncy Creek, Township of, Lycoming 420650 August 23, 1974, Emerg.; September 30, ...... do ...... Do. County. 1980, Reg.; March 16, 2004, Susp. Muncy, Borough of, Lycoming County .. 420649 June 30, 1972, Emerg.; February 16, 1977, ...... do ...... Do. Reg.; March 16, 2004, Susp. Muncy, Township of, Lycoming County 421847 May 9, 1980, Emerg.; August 19, 1987, ...... do ...... Do. Reg.; March 16, 2004, Susp. Nippenose, Township of, Lycoming 420651 May 1, 1973, Emerg.; April 15, 1980, Reg.; ...... do ...... Do. County. March 16, 2004, Susp. Old Lycoming, Township of, Lycoming 420652 January 19, 1973, Emerg.; April 15, 1977, ...... do ...... Do. County. Reg.; March 16, 2004, Susp. Penn, Township of, Lycoming County .. 421848 March 7, 1977, Emerg.; August 15, 1990, ...... do ...... Do. Reg.; March 16, 2004, Susp. Piatt, Township of, Lycoming County .... 420653 April 10, 1973, Emerg.; April 1, 1980, Reg.; ...... do ...... Do. March 16, 2004, Susp. Picture Rocks, Borough of, Lycoming 420654 March 21, 1975, Emerg.; September 5, ...... do ...... Do. County. 1990, Reg.; March 16, 2004, Susp. Pine, Township of, Lycoming County .... 420954 October 4, 1973, Emerg.; September 17, ...... do ...... Do. 1980, Reg.; March 16, 2004, Susp. Plunketts Creek, Township of, 420655 March 2, 1973, Emerg.; August 2, 1982, ...... do ...... Do. Lycoming County. Reg.; March 16, 2004, Susp. Porter, Township of, Lycoming County 420656 March 9, 1973, Emerg.; January 14, 1977, ...... do ...... Do. Reg.; March 16, 2004, Susp. Salladasburg, Borough of, Lycoming 420657 September 12, 1975, Emerg.; January 5, ...... do ...... Do. County. 1979, Reg.; March 16, 2004, Susp. Shrewsbury, Township of, Lycoming 421148 April 9, 1974, Emerg.; December 15, 1990, ...... do ...... Do. County. Reg.; March 16, 2004, Susp. South Williamsport, Borough of, 420658 January 7, 1974, Emerg.; April 15, 1977, ...... do ...... Do. Lycoming County. Reg.; March 16, 2004, Susp. Susquehanna, Township of, Lycoming 420659 April 19, 1973, Emerg.; September 28, ...... do ...... Do. County. 1979, Reg; March 16, 2004 Susp. Upper Fairfield, Township of, Lycoming 420660 May 15, 1973, Emerg.; September 28, ...... do ...... Do. County. 1979, Reg; March 16, 2004 Susp. Washington, Township of, Lycoming .... 422613 September 15, 1975, Emerg.; December 1, ...... do ...... Do. 1986, Reg; March 16, 2004 Susp. Watson, Township of, Lycoming County 420661 May 4, 1973, Emerg.; October 15, 1980, ...... do ...... Do. Reg; March 16, 2004 Susp. Williamsport, City of, Lycoming County 420662 November 24, 1972, Emerg.; December 1, ...... do ...... Do. 1977, Reg; March 16, 2004 Susp. Wolf, Township of, Lycoming County.... 420663 March 30, 1973, Emerg.; December 2, ...... do ...... Do. 1980, Reg; March 16, 2004 Susp. Woodward, Township of, Lycoming 420664 June 4, 1973, Emerg.; September 28, 1979, ...... do ...... Do. County. Reg.; March 16, 2004 Susp. Region V Ohio Bexley, City of, Franklin County ...... 390168 November 21, 1973; Emerg.; November 15, ...... do ...... Do. 1978, Reg; March 16, 2004 Susp. Columbus, City of, Fairfield County, 390170 May 21, 1971, Emerg.; July 5, 1983, Reg; ...... do ...... Do. Franklin County. March 16, 2004 Susp. Dublin, City of, Delaware County, 390673 June 21, 1974, Emerg.; June 4, 1980, Reg; ...... do ...... Do. Franklin County. March 16, 2004 Susp. Franklin County, Unincorporated Areas 390167 April 19, 1973, Emerg.; July 5, 1983, Reg; ...... do ...... Do. March 16, 2004 Susp. Grandview Heights, City of, Franklin 390172 June 6, 1975, Emerg.; August 15, 1980, ...... do ...... Do. County. Reg; March 16, 2004 Susp. Grove City, City of, Franklin County ..... 390173 October 15, 1974, Emerg.; May 1, 1984, ...... do ...... Do. Reg; March 16, 2004 Susp. Marble Cliff, Village of, Franklin County 390896 August 2, 1995, Reg; March 16, 2004 Susp ...... do ...... Do.

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Date certain fed- eral assistance Community Effective date authorization/cancellation of Current effective no longer avail- State and location No. sale of flood insurance in community map date able in special flood hazard areas

Obetz, Village of, Franklin County ...... 390176 March 23, 1978, Emerg.; January 16, 1981, ...... do ...... Do. Reg; March 16, 2004 Susp. Upper Arlington, City of, Franklin Coun- 390178 August 8, 1973, Emerg.; April 15, 1980 ...... do ...... Do. ty. Reg; March 16, 2004 Susp. *do=Ditto Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Anthony S. Lowe, DATES: This interim final rule is graduate to file a report on March 31 Mitigation Division Director, Emergency effective March 2, 2004. However, following graduation and six (6) Preparedness and Response Directorate. MARAD will consider comments consecutive years thereafter. Each [FR Doc. 04–4544 Filed 3–1–04; 8:45 am] received not later than April 1, 2004. graduate will file a total of seven (7) BILLING CODE 6718–05–P ADDRESSES: Comments should refer to reports in order to give information on the docket number that appears on the all six (6) years of service obligation. top of this document. Written comments This new reporting date not only will DEPARTMENT OF TRANSPORTATION may be submitted to the Docket Clerk, coincide with the USNR/MMR’s service U.S. DOT Dockets, Room PL–401, 400 reporting date but also will create a Maritime Administration Seventh Street, SW., Washington, DC standard reporting period for all 20590. Comments may also be graduates. This rulemaking will also 46 CFR Part 310 submitted by electronic means via the provide for the electronic submission of [Docket Number MARAD–2004–17185] Internet at http://dmses.dot.gov/submit. reports as the primary means for Note that all comments received will be submission. Graduates must submit RIN 2133–AB57 posted without change including any annually the Maritime Administration Service Obligation Compliance Report Amended Service Obligation Reporting personal information provided in the comment. All comments received will and Merchant Marine Reserve, U.S. Requirements for U.S. Merchant Naval Reserve (USNR), Annual Report Marine Academy and State Maritime be available for examination at the (Form MA–930). Graduates may submit Academy Graduates above address between 10 a.m. and 5 p.m. ET, Monday through Friday, except their Service Obligation Reports AGENCY: Maritime Administration, Federal holidays. An electronic version electronically via the Maritime Service Department of Transportation. of this document is available on the Compliance System at https:// ACTION: Interim final rule with request World Wide Web at http://dms.dot.gov. mscs.marad.dot.gov. for comments. FOR FURTHER INFORMATION CONTACT: Ms. Regulatory Analyses and Notices Brenda Reed-Perry, Office of Policy and SUMMARY: In this interim final rule, the Executive Order 12866 and DOT Plans, Maritime Administration, MAR– U.S. Maritime Administration (MARAD, Regulatory Policies and Procedures. 410, Room 7123, 400 Seventh Street, we, us, or our) will change the service This interim final rule is not considered SW., Washington, DC 20590; telephone: obligation reporting requirements for a significant regulatory action under (202) 366–0845; FAX: (202) 366–7403 United States Merchant Marine section 3(f) of Executive Order 12886 and e-mail: Academy (USMMA) graduates and State and, therefore, was not reviewed by the [email protected]. maritime academy graduates who Office of Management and Budget. This receive Student Incentive Payments SUPPLEMENTARY INFORMATION: The interim final rule is not likely to result (SIP). Prior to this regulation, each USMMA and State maritime academies in an annual effect on the economy of graduate was required to submit an require a midshipman/cadet who is a $100 million or more. This interim final employment report form thirteen (13) U.S. citizen and who enters the rule is also not significant under the months following his or her graduation USMMA or a State maritime academy in Regulatory Policies and Procedures of and each succeeding twelve (12) months the SIP program after April 1, 1982, to the Department of Transportation (44 FR for a total of five (5) consecutive years. sign a service obligation contract which 11034, February 26, 1979). The costs The amended obligation will require obligates the midshipman/cadet to and benefits associated with this each graduate to file a report on March certain post-graduate employment. Prior rulemaking are considered to be so 31 following graduation and six (6) to this interim final rule, a USMMA or minimal that no further analysis is consecutive years thereafter. Each State maritime academy SIP graduate necessary. The economic impact, if any, graduate will file a total of seven (7) was required to submit his or her should be minimal; therefore, further reports in order to give information on service obligation report thirteen (13) regulatory evaluation is not necessary. all six (6) years of service obligation. months following his or her graduation Additionally, this interim final rule is This new reporting date will create a and each succeeding twelve (12) months intended only to allow timely as well as standard reporting period for all for a total of five (5) consecutive years fair and efficient use of electronic graduates and will coincide with the for USMMA graduates and for a total of submission technologies for the U.S. Naval Reserve/Merchant Marine three (3) years for State maritime information collection identified in this Reserve (USNR/MMR) service reporting academy SIP graduates. interim final rule. date. This rulemaking will also provide However, MARAD is now establishing for the electronic submission of reports the same service obligation reporting Administrative Procedure Act as the primary means for submission to date that the USNR/MMR requires. This The Administrative Procedure Act (5 MARAD. interim final rule will require each U.S.C. 553) provides an exception to the

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notice and comment procedures when Environmental Impact Statement service obligation report to MARAD they are unnecessary or contrary to the We have analyzed this interim final using the web-based Internet system at public interest. MARAD finds that rule for purposes of compliance with https://mscs.marad.dot.gov. You may under 5 U.S.C. 553(b)(3)(B) good cause the National Environmental Policy Act also continue to mail the service exists for not providing notice and of 1969 (42 U.S.C. 4321 et seq.) and obligation report to: Compliance comment since this interim final rule have concluded that under the Specialist, Maritime Administration, only changes the service obligation categorical exclusions in section 4.05 of Office of Policy and Plans, Room 7123, reporting date of graduates to March 31 Maritime Administrative Order (MAO) 400 7th St., SW., Washington, DC following graduation and thereafter for 600–1, ‘‘Procedures for Considering 20590. six (6) consecutive years for a total of Environmental Impacts,’’ 50 FR 11606 (i) Example 1: Midshipman/cadet seven (7) reports. The USNR/MMR also (March 22, 1985), the preparation of an graduates on June 30, 2004. His first requires a March 31 reporting date for Environmental Assessment, and an reporting date is March 31, 2005 and its service obligation reports. Environmental Impact Statement, or a thereafter on March 31 for six (6) Additionally, we find good cause under Finding of No Significant Impact for this consecutive years for a total of seven (7) 5 U.S.C. 553(d) to make this interim interim final rule is not required. This reports. final rule effective upon publication interim final rule involves (ii) Example 2: Midshipman/cadet has because this rule is noncontroversial administrative and procedural a deferred graduation to November 30, and allows timely and efficient regulations that have no environmental 2004. His first reporting date is March reporting criteria. An immediate impact. 31, 2005 and thereafter for six (6) effective date of this final rule will consecutive years for a total of seven (7) provide USMMA and State maritime Unfunded Mandates Reform Act of 1995 reports. academy SIP graduates with equal This interim final rule does not (iii) Example 3: Midshipman/cadet reporting dates irrespective of impose an unfunded mandate under the graduated in June 2002 and has already graduation date. However, MARAD will Unfunded Mandates Reform Act of begun his service obligation reporting. accept comments as indicated in the 1995. It does not result in costs of $100 His reports are now due on March 31 of Comments section above. million or more, in the aggregate, to any each reporting year. Regulatory Flexibility Act of the following: State, local, or Native (2) The Maritime Administration will American tribal governments, or the provide reporting forms upon request. MARAD certifies that this interim private sector. This interim final rule is However, non-receipt of such form will final rule will not have a significant the least burdensome alternative that not exempt a graduate from submitting economic impact on a substantial achieves the objective of the rule. service obligation information as number of small entities. This interim Paperwork Reduction Act required by this paragraph. Graduates final rule only changes the service are encouraged to submit their service obligation reporting date for graduates This interim final rule contains obligation reports electronically at to March 31 following graduation and information collection requirements https://mscs.marad.dot.gov. The for six (6) consecutive years thereafter. covered by the Office of Management reporting form has been approved by the Only individuals and not businesses are and Budget approval number 2133– Office of Management and Budget affected by this interim final rule. 0509. (2133–0509). Federalism List of Subjects in 46 CFR Part 310 * * * * * We have analyzed this interim final Grant programs-education, Reporting Dated: February 26, 2004. rule in accordance with the principles and recordkeeping requirements, By Order of the Maritime Administrator. and criteria contained in Executive Schools, Seamen. Joel C. Richard, Order 13132 (Federalism) and have ■ Accordingly, for the reasons discussed Secretary, Maritime Administration. determined that it does not have in the preamble, 46 CFR part 310, is [FR Doc. 04–4553 Filed 3–1–04; 8:45 am] sufficient federalism implications to amended as follows: BILLING CODE 4910–81–P warrant the preparation of a federalism summary impact statement. These PART 310—[AMENDED] regulations have no substantial effects on the States, or on the current Federal- ■ 1. The authority citation for part 310 DEPARTMENT OF COMMERCE continues to read as follows: State relationship, or on the current National Oceanic and Atmospheric distribution of power and Authority: 46 App. U.S.C. 1295; 49 CFR Administration responsibilities among the various local 1.66. officials. Therefore, consultation with ■ 2. In § 310.58, paragraph (d) is revised 50 CFR Part 216 State and local officials is not necessary. to read as follows: Executive Order 13175 [Docket No. 040223066–4066–01; I.D. § 310.58 Service obligation for students 012204D] MARAD does not believe that this enrolled after April 2, 1982. interim final rule will significantly or * * * * * RIN 0648–AR94 uniquely affect the communities of (d) Reporting requirements. (1) Each Taking of Marine Mammals Incidental Indian tribal governments when graduate must submit a service to Commercial Fishing Operations; analyzed under the principles and obligation report form on March 31 Authorization for Commercial criteria contained in Executive Order following graduation and six (6) Fisheries; Correction 13175 (Consultation and Coordination consecutive years thereafter. Each with Indian Tribal Governments). graduate will file a total of seven (7) AGENCY: National Marine Fisheries Therefore, the funding and consultation reports in order to give information on Service (NMFS), National Oceanic and requirements of this Executive Order do all six (6) years of service obligation. Atmospheric Administration (NOAA), not apply. Graduates are encouraged to submit the Commerce.

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ACTION: Final rule; correcting In addition, because this rule corrects Alaska Regional Office, NMFS, PO Box amendment. and clarifies provisions and makes non- 21668, Juneau, AK 99802. substantive or de minimis changes to * * * * * SUMMARY: The purpose of this document the regulations, the AA finds good cause is to correct unintended errors in [FR Doc. 04–4609 Filed 3–1–04; 8:45 am] under 5 U.S.C. 553(d) not to delay the BILLING CODE 3510–22–S definitions contained in the Code of effective date for 30 days. Federal Regulations. Because a general notice of proposed DATES: Effective March 2, 2004. rulemaking is not required under 5 DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: U.S.C. 553, or any other law, the Patricia Lawson, NMFS, Office of analytical requirements of the National Oceanic and Atmospheric Protected Resources, 301–713–2322. Regulatory Flexibility Act, 5 U.S.C. 601 Administration SUPPLEMENTARY INFORMATION: et seq., are inapplicable. 50 CFR Part 229 Background List of Subjects in 50 CFR Part 216 The definitions that are the subject of Exports, Fish, Imports, Indians, [Docket No. 030221039–4072–06; I.D. this correction are part of the Labeling, Marine mammals, Penalties, 022004A] regulations that implement the Marine Reporting and recordkeeping Mammal Protection Act of 1972, as requirements, Seafood,Transportation. Taking of Marine Mammals Incidental amended (16 U.S.C. 1361 et seq.), to Commercial Fishing Operations; Dated: February 26, 2004. which, among other things, restricts the Atlantic Large Whale Take Reduction taking, possession, transportation, William T. Hogarth, Plan (ALWTRP) selling, offering for sale, and importing Assistant Administrator for Fisheries, AGENCY: National Marine Fisheries of marine mammals. The definition of National Marine Fisheries Service. Service (NMFS), National Oceanic and ‘‘Marine mammal’’ in 50 CFR 216.3 ■ For the reason set out in the preamble, Atmospheric Administration (NOAA), provides that the term means specimens 50 CFR part 216 is amended as follows: Commerce. and any part thereof of animals of certain orders, including ‘‘Cetacea PART 216—REGULATIONS ACTION: Temporary rule. (whales and porpoises).’’ To avoid GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS SUMMARY: The Assistant Administrator confusion, Dolphins should be included for Fisheries (AA), NOAA, announces in the parenthesis as a general type of ■ 1. The authority citation for part 216 temporary restrictions consistent with animals in the order Cetacea. The continues to read as follows: the requirements of the ALWTRP’s definition of ‘‘Regional Director’’ in 50 implementing regulations. These CFR 216.3 refers only to the Director of Authority: 16 U.S. C. 1361 et seq., unless otherwise noted. regulations make changes to the area for the Southwest Region of NMFS, ■ 2. In § 216.3, the definitions of ‘‘Marine restrictions that were provided in a although it should refer to Regional temporary rule published in the Federal Administrator for any regional office of mammal’’ and ‘‘Regional Director’’ are revised to read as follows: Register on February 25, 2004, and NMFS. apply to lobster trap/pot and anchored Corrections § 216.3 Definitions. gillnet fishermen in an area totaling approximately 1,896 square nautical This document corrects unintended * * * * * miles (nm2) in February, and 1,580 errors in 50 CFR 216.3. The definition Marine mammal means those nm2(5,419 km2) in March, east of of ‘‘Marine mammal’’ is amended to specimens of the following orders, Portsmouth, NH, for 15 days. The expressly clarify that dolphins are a which are morphologically adapted to purpose of this action is to provide type of marine mammal in the Order the marine environment, and whether protection to an aggregation of North Cetacea and the definition of ‘‘Regional alive or dead, and any part thereof, Atlantic right whales (right whales). Director’’ is amended to provide that the including but not limited to, any raw, term includes the Regional dressed or dyed fur or skin: Cetacea DATES: Effective beginning at 0001 hours Administrator for any regional office of (whales, dolphins, and porpoises) and March 1, 2004, through 2400 hours NMFS rather than just the Director of Pinnipedia, other than walrus (seals and March 12, 2004. the Southwest Region. sea lions). ADDRESSES: Copies of the proposed and * * * * * final Dynamic Area Management rules, Classification Regional Director means the Regional Environmental Assessments (EAs), The Assistant Administrator for Administrator, Northeast Regional Atlantic Large Whale Take Reduction Fisheries, National Marine Fisheries Office, NMFS, One Blackburn Drive, Team (ALWTRT) meeting summaries, Service (AA) finds that good cause Gloucester, MA 01930; or Regional and progress reports on implementation exists to waive the requirement to Administrator, Northwest Regional of the ALWTRP may also be obtained by provide prior notice and the Office, NMFS, 7600 Sandpoint Way, writing Diane Borggaard, NMFS/ opportunity for comment, pursuant to N.E., Building 1, Seattle, WA 98115; or Northeast Region, One Blackburn Drive, authority set forth at 5 U.S.C. 553(b)(B), Regional Administrator, Southeast Gloucester, MA 01930. as such procedures would be Regional Office, NMFS, 9721 Executive FOR FURTHER INFORMATION CONTACT: unnecessary. Prior notice and Center Drive North, St. Petersburg, FL Diane Borggaard, NMFS/Northeast opportunity for comment are 33702; or Regional Administrator, Region, 978–281–9328 x6503; or Kristy unnecessary because this amendment Southwest Regional Office, NMFS, 501 Long, NMFS, Office of Protected merely corrects and clarifies the subject West Ocean Boulevard, Suite 4200, Resources, 301–713–1401. definitions and will have a de minimis Long Beach, CA 90802; or Regional SUPPLEMENTARY INFORMATION: effect, if any, on the regulated Administrator, Pacific Islands Regional community. These corrections do not Office, NMFS, 1601 Kapiolani Electronic Access increase the scope of the regulated Boulevard, Suite 1110, Honolulu, HI Several of the background documents community nor add new requirements. 96814; or Regional Administrator, for the ALWTRP and the take reduction

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planning process can be downloaded naturalists, and mariners trained in In addition to those gear from the ALWTRP web site at http:// whale species identification through modifications currently implemented www.nero.noaa.gov/whaletrp/. disentanglement training or some other under the ALWTRP at 50 CFR 229.32, training program deemed adequate by the following gear modifications are Background NMFS. A reliable report would be a required in the DAM zone. If the The ALWTRP was developed credible right whale sighting. requirements and exceptions for gear pursuant to section 118 of the Marine On February 12, 2004, NMFS Aerial modification in the DAM zone, as Mammal Protection Act (MMPA) to Survey Team reported a sighting of six described below, differ from other reduce the incidental mortality and right whales in the proximity of 42° ALWTRP requirements for any serious injury of three endangered 41.56′ N lat. and 70° 02.03′ W long. This overlapping areas and times, then the species of whales (right, fin, and position lies east of Portsmouth, NH. more restrictive requirements will apply humpback) as well as to provide Thus, NMFS has received a reliable in the DAM zone. conservation benefits to a fourth non- report from a qualified individual of the endangered species (minke) due to requisite right whale density to trigger Lobster Trap/Pot Gear incidental interaction with commercial the DAM provisions of the ALWTRP. Fishermen utilizing lobster trap/pot fishing activities. The ALWTRP, Once a DAM zone is triggered, NMFS gear within the portion of the Northern implemented through regulations determines whether to impose Nearshore Lobster Waters, Northern codified at 50 CFR 229.32, relies on a restrictions on fishing and/or fishing Inshore State Lobster Waters, and combination of fishing gear gear in the zone. This determination is Stellwagen Bank/Jeffreys Ledge modifications and time/area closures to based on the following factors, Restricted Area that overlap with the reduce the risk of whales becoming including but not limited to: the DAM zone are required to utilize all of entangled in commercial fishing gear location of the DAM zone with respect the following gear modifications while (and potentially suffering serious injury to other fishery closure areas, weather the DAM zone is in effect: or mortality as a result). conditions as they relate to the safety of 1. Groundlines must be made of either On January 9, 2002, NMFS published human life at sea, the type and amount the final rule to implement the sinking or neutrally buoyant line. of gear already present in the area, and Floating groundlines are prohibited; ALWTRP’s Dynamic Area Management a review of recent right whale (DAM) program (67 FR 1133). On 2. All buoy lines must be made of entanglement and mortality data. either sinking or neutrally buoyant line, August 26, 2003, NMFS amended the NMFS reviewed the factors and except the bottom portion of the line, regulations by publishing a final rule, management options noted above which may be a section of floating line which specifically identified gear relative to the DAM under not to exceed one-third the overall modifications that may be allowed in a consideration. As a result of this review, length of the buoy line; DAM zone (68 FR 51195). The DAM NMFS published a temporary rule on program provides specific authority for February 25, 2004 (65 FR 8570), to 3. Fishermen are allowed to use two NMFS to restrict temporarily on an prohibit lobster trap/pot and anchored buoy lines per trawl; and expedited basis the use of lobster trap/ gillnet gear in this area during the 15– 4. A weak link with a maximum pot and anchored gillnet fishing gear in breaking strength of 600 lb (272.4 kg) ° day restricted period unless it is areas north of 40 N. lat. to protect right modified in the manner described in must be placed at all buoys. whales. Under the DAM program, this temporary rule. The DAM zone Fishermen utilizing lobster trap/pot NMFS may: (1) require the removal of identified in the Federal Register on gear within the portion of the Offshore all lobster trap/pot and anchored gillnet February 25, 2004, was bound by the Lobster Waters Area that overlap with fishing gear for a 15–day period; (2) following coordinates: the DAM zone are required to utilize all allow lobster trap/pot and anchored 43°03′N, 70°32′W (NW Corner) of the following gear modifications gillnet fishing within a DAM zone with 43°03′N, 69°32′W while the DAM zone is in effect: gear modifications determined by NMFS 42°20′N, 69°32′W 1. Groundlines must be made of either to sufficiently reduce the risk of ° ′ ° ′ 42 20 N, 70 32 W sinking or neutrally buoyant line. entanglement; and/or (3) issue an alert The effective dates for this DAM zone Floating groundlines are prohibited; to fishermen requesting the voluntary coincide with the implementation of removal of all lobster trap/pot and 2. All buoy lines must be made of SAM West on March 1 and, as of that either sinking or neutrally buoyant line, anchored gillnet gear for a 15–day date, the southeast corner of the DAM period and asking fishermen not to set except the bottom portion of the line, zone will overlap SAM West. which may be a section of floating line any additional gear in the DAM zone Inadvertently, however, the area NMFS during the 15–day period. not to exceed one-third the overall identified as the DAM Zone did not length of the buoy line; A DAM zone is triggered when NMFS omit SAM West from the designated 3. Fishermen are allowed to use two receives a reliable report from a DAM zone. Therefore, pursuant to buoy lines per trawl; and qualified individual of three or more NMFS policy concerning the right whales sighted within an area (75 relationship of DAM to other regulated 4. A weak link with a maximum 2 2 nm (139 km )) such that right whale waters, such as SAM, on March 1, 2004, breaking strength of 1,500 lb (680.4 kg) density is equal to or greater than 0.04 the boundaries of the DAM zone will must be placed at all buoys. right whales per nm2 (1.85 km2). A change to reflect the establishment of Anchored Gillnet Gear qualified individual is an individual SAM West. Accordingly, as of March 1, ascertained by NMFS to be reasonably 2004, the DAM zone will be bound by Fishermen utilizing anchored gillnet able, through training or experience, to the following coordinates: gear within the portion of the Other identify a right whale. Such individuals 43°03′N, 70°32′W (NW Corner) Northeast Gillnet Waters and Stellwagen include, but are not limited to, NMFS 43°03′N, 69°32′W Bank/Jeffreys Ledge Restricted Area that staff, U.S. Coast Guard and Navy 42°30′’N, 69°3′W overlap with the DAM zone are required personnel trained in whale 42°30′N, 70°15′W to utilize all the following gear identification, scientific research survey 42°2′0’N, 70°15′W modifications while the DAM zone is in personnel, whale watch operators and 42°20′N, 70°32′W effect:

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1. Groundlines must be made of either NMFS provided prior notice and an notice in the Federal Register. NMFS sinking or neutrally buoyant line. opportunity for public comment on the also provided notice of that action to Floating groundlines are prohibited; regulations establishing the criteria and fishermen through other means as soon 2. All buoy lines must be made of procedures for implementing a DAM as the AA approved it, thereby either sinking or neutrally buoyant line, zone. Providing prior notice and providing approximately 3 additional except the bottom portion of the line, opportunity for comment on this action, days of notice while the Office of the which may be a section of floating line pursuant to those regulations, would be Federal Register processed the not to exceed one-third the overall impracticable because it would prevent document for publication. The action in length of the buoy line; NMFS from executing its functions to this Federal Register notice lifts 3. Fishermen are allowed to use two protect and reduce serious injury and restrictions from the February 25, 2004, buoy lines per string; mortality of endangered right whales. Federal Register notice that would have 4. Each net panel must have a total of The regulations establishing the DAM overlapped with SAM West. Therefore, five weak links with a maximum program are designed to enable the no further delay in effective date is breaking strength of 1,100 lb (498.8 kg). agency to help protect unexpected necessary or appropriate. Net panels are typically 50 fathoms concentrations of right whales. In order NMFS determined that the regulations (91.4 m) in length, but the weak link to meet the goals of the DAM program, establishing the DAM program and requirements would apply to all the agency needs to be able to create a actions such as this one taken pursuant variations in panel size. These weak DAM zone and implement restrictions to those regulations are consistent to the links must include three floatline weak on fishing gear as soon as possible once maximum extent practicable with the links. The placement of the weak links the criteria are triggered and NMFS enforceable policies of the approved on the floatline must be: one at the determines that a DAM restricted zone coastal management program of the U.S. center of the net panel and one each as is appropriate. If NMFS were to provide Atlantic coastal states. This close as possible to each of the bridle prior notice and an opportunity for determination was submitted for review ends of the net panel. The remaining public comment upon the creation of a by the responsible state agencies under two weak links must be placed in the DAM restricted zone, the aggregated section 307 of the Coastal Zone center of each of the up and down lines right whales would be vulnerable to Management Act. Following state entanglement which could result in at the panel ends; and review of the regulations creating the serious injury and mortality. 5. All anchored gillnets, regardless of DAM program, no state disagreed with Additionally, the right whales would the number of net panels, must be NMFS’ conclusion that the DAM most likely move on to another location securely anchored with the holding program is consistent to the maximum before NMFS could implement the power of at least a 22 lb (10.0 kg) extent practicable with the enforceable restrictions designed to protect them, Danforth-style anchor at each end of the policies of the approved coastal thereby rendering the action obsolete. net string. management program for that state. Therefore, pursuant to 5 U.S.C. These restrictions will remain in 553(b)(B), the AA finds that good cause The DAM program under which effect as provided in the temporary rule exists to waive prior notice and an NMFS is taking this action contains published February 25, 2004 until 0001 opportunity to comment on this action policies with federalism implications hour March 1, 2004 at which time these to implement a DAM restricted zone to warranting preparation of a federalism restrictions will become effective in the reduce the risk of entanglement of assessment under Executive Order DAM zone with the coordinates endangered right whales in commercial 13132. Accordingly, in October 2001 provided by this temporary rule through lobster trap/pot and anchored gillnet and March 2003, the Assistant Secretary 2400 hours March 12, 2004, unless gear as such procedures would be for Intergovernmental and Legislative terminated sooner or extended by NMFS impracticable. Affairs, DOC, provided notice of the through another notification in the For the same reasons, the AA finds DAM program and its amendments to Federal Register. that, under 5 U.S.C. 553(d)(3), good the appropriate elected officials in states The restrictions will be announced to cause exists to waive the 30–day delay to be affected by actions taken pursuant state officials, fishermen, Atlantic Large in effective date. If NMFS were to delay to the DAM program. Federalism issues Whale Take Reduction Team (ALWTRT) for 30 days the effective date of this raised by state officials were addressed members, and other interested parties action, the aggregated right whales in the final rules implementing the through e-mail, phone contact, NOAA would be vulnerable to entanglement, DAM program. A copy of the federalism website, and other appropriate media which could cause serious injury and Summary Impact Statement for the final immediately upon filing with the mortality. Additionally, right whales rules is available upon request Federal Register. would likely move to another location (ADDRESSES). Classification between the time NMFS approved the The rule implementing the DAM action creating the DAM restricted zone program has been determined to be not In accordance with section 118(f)(9) of and the time it went into effect, thereby significant under Executive Order the MMPA, the Assistant Administrator rendering the action obsolete and 12866. (AA) for Fisheries has determined that ineffective. Nevertheless, NMFS this action is necessary to implement a recognizes the need for fishermen to Authority: 16 U.S.C. 1361 et seq. and 50 CFR 229.32(g)(3) take reduction plan to protect North have time to either modify or remove (if Atlantic right whales. not in compliance with the required Dated: February 26, 2004. This action falls within the scope of restrictions) their gear from a DAM zone Rebecca Lent, alternatives and impacts analyzed in the once one is approved. Thus, NMFS Deputy Assistant Administrator for Final EAs prepared for the ALWTRP’s made the restrictions in the DAM zone Regulatory Programs, National Marine DAM program. Further analysis under that were provided in the Federal Fisheries Service. the National Environmental Policy Act Register on February 25, 2004, effective [FR Doc. 04–4621 Filed 3–1–04; 8:45 am] (NEPA) is not required. 2 days after the date of publication of BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 69, No. 41

Tuesday, March 2, 2004

This section of the FEDERAL REGISTER ADDRESSES: Comments (6 copies) should Regulatory Flexibility Act and contains notices to the public of the proposed be filed with the Hearing Clerk, United Paperwork Reduction Act issuance of rules and regulations. The States Department of Agriculture, Room In accordance with the Regulatory purpose of these notices is to give interested 1083–STOP 9200, 1400 Independence persons an opportunity to participate in the Flexibility Act (5 U.S.C. 601 et seq.), the rule making prior to the adoption of the final Avenue, SW., Washington, DC 20250– Agricultural Marketing Service has rules. 9200, and you may also send your considered the economic impact of this comments by the electronic process action on small entities and has certified available at Federal eRulemaking portal that this proposed rule will not have a DEPARTMENT OF AGRICULTURE at http://www.regulations.gov. significant economic impact on a substantial number of small entities. For Agricultural Marketing Service FOR FURTHER INFORMATION CONTACT: the purpose of the Regulatory Flexibility Antoinette M. Carter, Marketing Act, a dairy farm is considered a ‘‘small 7 CFR Parts 1000, 1001, 1005, 1006, Specialist, USDA/AMS/Dairy Programs, business’’ if it has an annual gross 1007, 1030, 1032, 1033, 1124, 1126, and Order Formulation and Enforcement revenue of less than $750,000, and a 1131 Branch, Room 2968—STOP 0231, 1400 dairy products manufacturer is a ‘‘small [Docket No. AO–14–A72, et al.; DA–03–08] Independence Avenue, SW., business’’ if it has fewer than 500 Washington, DC 20250–0231, (202) 690– employees. Milk in the Northeast and Other 3465, e-mail address: For the purposes of determining Marketing Areas; Tentative Decision [email protected]. which dairy farms are ‘‘small on Proposed Amendments and businesses,’’ the $750,000 per year Opportunity To File Written Exceptions SUPPLEMENTARY INFORMATION: This criterion was used to establish a to Tentative Marketing Agreements administrative action is governed by the production guideline of 500,000 pounds and to Orders provisions of sections 556 and 557 of per month. Although this guideline does title 5 of the United States Code and not factor in additional monies that may 7 CFR Marketing area AO Nos. therefore is excluded from the be received by dairy producers, it part requirements of Executive Order 12866. should be an inclusive standard for 1001 .... Northeast ...... AO– 14–A72 These proposed amendments have most ‘‘small’’ dairy farmers. For 1005 .... Appalachian ...... AO–388–A13 been reviewed under Executive Order purposes of determining a handler’s 1006 .... Florida ...... AO–356–A36 12988, Civil Justice Reform. This rule is size, if the plant is part of a larger 1007 .... Southeast ...... AO–366–A42 not intended to have a retroactive effect. company operating multiple plants that 1030 .... Upper Midwest .... AO–361–A37 collectively exceed the 500-employee 1032 .... Central ...... AO–313–A46 If adopted, this proposed rule will not preempt any State or local laws, limit, the plant will be considered a 1033 .... Mideast ...... AO–166–A70 large business even if the local plant has 1124 .... Pacific Northwest AO–368–A33 regulations, or policies, unless they 1126 .... Southwest ...... AO–231–A66 fewer than 500 employees. present an irreconcilable conflict with During June 2003—the most recent 1131 .... Arizona-Las AO–271–A38 this rule. Vegas. representative period used to determine The Agricultural Marketing the number of small entities associated AGENCY: Agricultural Marketing Service, Agreement Act of 1937, as amended (7 with Federal milk orders—there were a USDA. U.S.C. 601–674), provides that total of 60,096 dairy producers whose ACTION: Proposed rule. administrative proceedings must be milk was pooled under Federal milk exhausted before parties may file suit in orders. Of the total, 56,818 dairy SUMMARY: This tentative decision court. Under section 608c(15)(A) of the producers—or about 95 percent—were adopts, on an interim final and Act, any handler subject to an order may considered small businesses based on emergency basis, proposals to amend request modification or exemption from the above criteria. During this same the classification of milk use provisions such order by filing with the Secretary period, there were about 1,622 plants in the current 10 Federal milk marketing a petition stating that the order, any associated with Federal milk orders. orders. Specifically, this decision will provision of the order, or any obligation Specifically, there were approximately reclassify milk used to produce 387 fully regulated plants (of which 143 evaporated milk in consumer-type imposed in connection with the order is not in accordance with the law. A were small businesses), 92 partially packages or sweetened condensed milk regulated plants (of which 41 were handler is afforded the opportunity for in consumer-type packages from Class small businesses), 44 producer-handlers a hearing on the petition. After a III to Class IV. This decision requires (of which 23 were considered small determination of whether dairy hearing, the Secretary would rule on the businesses), and 108 exempt plants (of producers approve the issuance of the petition. The Act provides that the which 98 were considered small amended orders on an interim basis. district court of the United States in any businesses). Consequently, 950 of the Additionally, public comments on these district in which the handler is an 1,622 plants meet the definition of a adopted provisions and the proposal to inhabitant, or has its principal place of small business. reclassify ending bulk milk inventory, business, has jurisdiction in equity to Total pounds of milk pooled under all which is not adopted by this tentative review the Secretary’s ruling on the Federal milk orders was 10.498 billion final decision, are requested. petition, provided a bill in equity is for June 2003 which represents 73.5 DATES: Comments are due on or before filed not later than 20 days after the date percent of the milk marketed in the May 3, 2004. of the entry of the ruling. United States. Of the 10.498 billion

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pounds of milk pooled under Federal characteristics and because their collection. The primary sources of data milk orders during June 2003, 1.78 product yields are tied directly to the used to complete the forms are routinely million pounds—or 1.7 percent—was raw milk used to make these products. used in most business transactions. used to produce evaporated milk and Like other Class IV products, evaporated Forms require only a minimal amount of sweetened condensed milk products in milk and sweetened condensed milk in information which can be supplied consumer-type packages. Additionally, consumer-type packages have a without data processing equipment or a during this same period, total pounds of relatively long shelf-life (i.e., the trained statistical staff. Thus, the Class I milk pooled under Federal milk products can be stored for more than information collection and reporting orders was 3.475 billion pounds, which one year without refrigeration). These burden is relatively small. Requiring the represents 82.3 percent of the milk used products also may be substituted for same reports for all handlers does not in Class I products (mainly fluid milk other Class IV products (e.g., nonfat dry significantly disadvantage any handler products) that were sold in the United milk) and compete over a wide that is smaller than the industry States. geographic area with products made average. This decision adopts, on an interim from non-federally regulated milk. Interested parties are invited to basis, proposals that will reclassify milk Additionally, like other Class IV submit comments on the probable used to produce evaporated milk or products, evaporated milk and regulatory and informational impact of sweetened condensed milk in sweetened condensed milk in this proposed rule on small entities. consumer-type packages from Class III consumer-type packages are competitive Also, parties may suggest modifications to Class IV in all Federal milk orders. outlets for milk surplus to the Class I of this proposal for the purpose of This decision is consistent with the needs of the market. tailoring their applicability to small Agricultural Agreement Act of 1937 The proposed amendments adopted businesses. (Act), which authorizes Federal milk in this decision should not have a marketing orders. The Act specifies that significant economic impact on dairy Prior Documents in this Proceeding Federal milk orders classify milk ‘‘in producers or handlers associated with Notice of Hearing: Issued September accordance with the form for which or Federal milk orders. Since the 2, 2003; published September 8, 2003 purpose for which it is used.’’ reclassification of evaporated milk and (68 FR 52860). Currently, the Federal milk order sweetened condensed milk in Correction of Notice of Hearing: system provides for the uniform consumer-type packages will be uniform Issued October 9, 2003; published classification of milk in provisions that in all Federal milk orders, dairy October 16, 2003 (68 FR 59554). define four classes of use for milk (Class producers and handlers associated with Since this proceeding commenced, I, Class II, Class III, and Class IV). Each the orders will be subject to the same the Western order has been terminated, Federal milk order sets minimum prices provisions. The classification change effective April 1, 2004, as published in that processors must pay for milk based should have only a minimal impact on the Federal Register on February 24, on how it is used and computes the price dairy producers receive for 2004 (69 FR 8327). The termination is weighted average or uniform prices that their milk due to the small quantity of based on producers’ disapproval of the dairy producers receive. milk pooled under Federal milk orders issuance of the Western order as Under the milk classification that is used to produce evaporated milk amended by a tentative final decision provisions of all Federal milk orders, or sweetened condensed milk in issued in August 2003 and published in Class I consists of those products that consumer-type packages. For example, the Federal Register on August 18, 2003 are used as beverages (whole milk, low using the Department’s production data (68 FR 49375), and comments received fat milk, skim milk, flavored milk provided in the record for milk, skim in response to the proposed products like chocolate milk, etc.) 1 milk, and cream used to produce termination—published January 13, Class II includes soft or spoonable evaporated milk and sweetened 2004 (69 FR 1957). The termination products such as cottage cheese, sour condensed milk in consumer-type removed all of the operating provisions cream, ice cream, yogurt, and milk that packages by handlers regulated under of the order. The remaining is used in the manufacture of other food Federal milk orders for the three years administrative provisions of the order products. Class III includes all skim of 2000 through 2002, the will be terminated at a later date. reclassification of the milk used to milk and butterfat used to make hard Preliminary Statement cheeses—types that may be grated, produce these products from Class III to shredded, or crumbled; cream cheese; Class IV would have affected the Notice is hereby given of the filing other spreadable cheeses; plastic cream; statistical uniform price for all Federal with the Hearing Clerk of this tentative anhydrous milkfat; and butteroil. Class milk orders combined by only $0.0117 final decision with respect to proposed III also consists of evaporated milk and per hundredweight. amendments to the tentative marketing sweetened condensed milk in A review of reporting requirements agreements and the orders regulating the consumer-type packages. Class IV was completed under the Paperwork handling of milk in the northeast and all includes, among other things, butter and Reduction Act of 1995 (44 U.S.C. other Federal order marketing areas. any milk product in dried form such as chapter 35). It is determined that these This notice is issued pursuant to the nonfat dry milk. proposed amendments will have no provisions of the Agricultural Marketing Evaporated milk and sweetened impact on reporting, recordkeeping, or Agreement Act and the applicable rules condensed milk in consumer-type other compliance requirements because of practice and procedure governing the packages should be classified as Class they will remain identical to the current formulation of marketing agreements IV because of their product requirements. No new forms are and marketing orders (7 CFR part 900). proposed and no additional reporting Interested parties may file written 1 Federal milk orders do not classify products but requirements would be necessary. exceptions to this decision with the instead classify the milk (skim milk and butterfat) This notice does not require Hearing Clerk, U.S. Department of disposed of in the form of a product or used to additional information collection that Agriculture, Room 1083–STOP 9200, produce a product. This decision references ‘‘Class I products,’’ ‘‘Class II products,’’ ‘‘Class III requires clearance by the Office of 1400 Independence Avenue, SW., products,’’ and ‘‘Class IV products’’ to simplify the Management and Budget (OMB) beyond Washington, DC 20250–9200, by May 3, findings and conclusions. currently approved information 2004. Six (6) copies of the exceptions

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should be filed. All written submissions sweetened condensed milk) from Class classification of Federal milk marketing made pursuant to this notice will be III to Class IV. The proponents for orders was reviewed in 1993. made available for public inspection at Proposals 1 and 2 ask that they be The O–AT–KA witness explained that the office of the Hearing Clerk during considered on an emergency basis and, the reform of Federal milk marketing regular business hours (7 CFR 1.27(b)). in this regard, that a recommended orders, effective in January 2000, The hearing notice specifically decision be omitted. continued to classify milk used to invited interested persons to present A witness appearing on behalf of O– produce canned evaporated milk as evidence concerning the probable AT–KA testified in support of the Class III even though the lowest use regulatory and informational impact of reclassification of evaporated milk from manufacturing classes—Class III and the proposals on small businesses. Class III to Class IV and supported the Class IV—were definitively split. He While no evidence was received that reclassification of sweetened condensed stated that Class III became a cheese use specifically addressed these issues, milk from Class III to Class IV. The class based on a cheese yield and cheese some of the evidence encompassed witness stated that O–AT–KA is owned pricing formula. According to the entities of various sizes. by over 2,000 dairy producers who are witness, the reclassification of canned The proposed amendments set forth members of Upstate Farms Cooperative, evaporated milk to a more appropriate below are based on the record of a Inc., Niagara Milk Cooperative, Inc., and Class IV milk use was simply public hearing held at Alexandria, Dairylea Cooperative Inc. In 2002, the overlooked. Virginia, on October 21, 2003, pursuant witness noted that over 700 million The O–AT–KA witness testified that to a notice of hearing issued September pounds of milk was processed by O– the characteristics and composition of 2, 2003, and published September 8, AT–KA. canned evaporated milk—including the production yields, nonfat solids content, 2003 (68 FR 52860), and a correction of The witness estimated that O–AT–KA and shelf life—all support a Class IV notice of hearing issued October 9, is the second largest manufacturer of classification of the product. The 2003, and published October 16, 2003 canned evaporated milk products in the witness explained that evaporated milk (68 FR 59554). United States. According to the witness, products are made by the evaporation of The material issues on the record of the largest manufacturer of canned water resulting in a milk solids content the hearing relate to: evaporated milk is Nestle Foods of a minimum of 6.5 percent butterfat 1. Classification of evaporated milk Company, which produces its product and sweetened condensed milk in and 23 percent total solids. Like nonfat in California from milk likely pooled on dry milk, the witness stressed, the consumer-type packages; the California State order. Other Federal 2. Classification of monthly bulk milk product yields of evaporated milk order manufacturers of canned ending inventory; and products are impacted by the nonfat 3. Determination as to whether evaporated milk, the witness indicated, solids content of the raw milk used to emergency marketing conditions exist include Diehl, Inc., based in Ohio, and produce the products. Thus, the witness that would warrant the omission of a Milnot Holding Corporation, located in asserted, the higher the nonfat solids recommended decision and the Missouri. content of the raw milk used to produce opportunity to file written exceptions. The O–AT–KA witness also provided the product the less water needs to be a historical background on the evaporated and the more cans of the Findings and Conclusions classification of canned evaporated product can be made. In addition, the The following findings and milk. The O–AT–KA witness explained witness stated that evaporated milk conclusions on the material issues are that milk used to produce canned products are packaged in steel cans so based on evidence presented at the evaporated milk products had that the products are sterile with a shelf hearing and the record thereof: traditionally been classified in the life that can exceed 12 months. lowest use class of Federal milk orders. Accordingly, the witness contended that 1. Classification of Evaporated Milk and The witness cited the uniform canned evaporated milk products are Sweetened Condensed Milk in classification decision of 1974 in which more appropriately classified as a Class Consumer-Type Packages USDA stated (referencing a 3-class IV rather than Class III milk use. This tentative decision adopts, on an system): ‘‘A Class II classification The O–At–KA witness testified that interim basis, proposed amendments should not apply to evaporated or the current Class III classification that will reclassify evaporated milk and condensed milk or skim milk in contributes to improper pricing and sweetened condensed milk in consumer-type containers as the potential raw milk product cost inequity consumer-type packages from Class III cooperatives proposed. Such storable because the yields of evaporated milk to Class IV. The proposed amendments products should remain in the lowest products are nonfat-solids based rather are consistent with the statutory price class. A Class III classification for than protein-based. Also, the witness authority for Federal milk orders, which milk in these products will permit such stated, evaporated milk products are not specifies that milk should be classified uses to remain as a competitive outlet a substitute for cheese products but may ‘‘in accordance with the form in which for milk surplus to the needs of the be substituted for nonfat dry milk. or purpose for which it is used.’’ Class I market. Such products made Additionally, the witness stressed A proposal by O–AT–KA Milk from milk regulated under these orders evaporated milk products can be and are Products Cooperative, Inc. (O–AT–KA), must compete over wide areas with the produced from reconstituted nonfat dry published in the hearing notice as same products processed from ungraded milk, stressing that these products Proposal 1, seeks to reclassify milk or other graded milk that is often cannot be produced from cheese. evaporated milk in consumer-type priced at no more than the Minnesota- The O–AT–KA witness provided packages (canned evaporated milk) from Wisconsin price. Comparable pricing actual price data from January 1998 Class III to Class IV. Proposal 2, should prevail under these 32 orders.’’ through September 2003 and forecasted published in the hearing notice as published March 5, 1974 (39 FR 8461– price data from October 2003 through proposed by Diehl, Inc., and Milnot 8462). The witness noted that the Class December 2004. According to the Holding Corporation, would reclassify III classification determination of witness, the higher raw milk costs sweetened condensed milk in canned evaporated milk was left dictated by the higher minimum Class consumer-type packages (canned unchanged when the national uniform III prices of late cannot be competitively

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recovered in the marketplace for canned The Milnot witness stated that canned condensed milk products is pooled on evaporated milk products. The witness evaporated milk and canned sweetened Federal milk orders. The cost of the raw also speculated that the condensed milk products are packaged milk, the witness contended, makes it disadvantageous price relationship was in shelf-stable packages that provide a more difficult to compete and can likely to continue into the foreseeable shelf life of a year or more without drastically affect the viability of their future and threatens the continued refrigeration. The witness stressed that business. The witness also asserted that production of these products at their canned evaporated milk and canned sweetened condensed milk products are associated plants. sweetened-condensed milk products are solids-based rather than protein-based The O–AT–KA witness also indicated driven by the nonfat solids composition products and therefore should be that label recognition, competing of the raw milk used to produce the classified as Class IV use of milk. As did handlers who are supplied by non- products which is similar to nonfat dry the O–AT–KA and Milnot witnesses, the federally regulated milk sources, and milk—a Class IV product. Similar to the Eagle witness asked that the issue be the contract bidding processes are O–AT–KA representative, the Milnot handled on an emergency basis. exacerbating the disadvantageous witness explained that the higher the A witness appearing on behalf of conditions that are now being borne by nonfat solids content of the raw milk, Diehl, Inc. (Diehl), testified in support O–AT–KA members in the form of the less water needs to be removed and of reclassifying milk used to produce reduced returns. If the mis-classification the more cans of product result from the both canned evaporated milk and is allowed to continue, the witness raw milk. Thus, the witness concluded canned sweetened condensed milk forecasted evaporated milk plants like that canned evaporated milk and products from Class III to Class IV O–AT–KA could ultimately be forced canned sweetened condensed milk because milk used to produce such out of producing these products, which products are closely related and that products are solids-based products would likely cause raw milk to be such products, therefore, should be versus protein-based products. The ultimately diverted to nonfat dry milk classified as Class IV since ‘‘the witness testified that Diehl is a family- and butter (Class IV classification). production of these milk items is not owned and operated small business Thus, the witness indicated that a related to the protein-driven curd which manufactures canned dairy reclassification to Class IV would deter development’’ associated with cheese products, including canned evaporated such unfavorable potential outcomes. production. milk and canned sweetened condensed The O–AT–KA witness was of the The Milnot witness also cited the milk products. The witness stated that 1974 uniform classification decision, Diehl has plants in Ohio, Michigan, and opinion that blend prices to producers published March 5, 1974 (38 FR 8461– Idaho that purchase milk pooled under would not be significantly affected if 8462), which stated that evaporated Federal milk orders. The witness also Proposal 1 was adopted because of the milk or condensed milk or skim milk asked that the proposals be handled on relatively low volume of pooled milk products in consumer-type containers an emergency basis due to what they used to produce evaporated milk are storable products that should remain view as the improper classification of products when compared to the higher in the lowest price class (Class III). Like milk used to make these products. volumes of milk used to produce all the O–At–KA witness, the witness A witness appearing on behalf of other dairy products. The witness pointed out that the reform of milk Association of Dairy Cooperatives of the contended that the current competitive marketing orders provided a definitive Northeast (ADCNE) testified in favor of disparity between Federal milk order split between Class III and Class IV and the proponents’ proposals concerning manufacturers and non-Federal order overlooked canned evaporated milk and the reclassification of canned manufacturers of these products will canned sweetened condensed milk evaporated milk and canned sweetened continue until this classification issue is products by continuing the Class III condensed milk products as Class IV. resolved. The witness concluded by classification for milk used to make According to the witness, ADCNE is asking that USDA consider this proposal these products. comprised of several cooperatives that on an emergency basis and take The Milnot witness also testified that collectively represent more than 65 immediate action by issuing a final the disadvantageous price relationship percent of the producers pooled under decision. between Class III and Class IV had the northeast milk order. O–AT–KA filed a post-hearing brief become increasingly acute over the past The ADCNE witness testified that it is reiterating its support for the year, and it is now especially critical important for Federal milk orders to reclassification of canned evaporated that the Department handle the matter appropriately classify products. Canned milk and canned sweetened condensed expeditiously. evaporated milk and canned sweetened milk from Class III to Class IV. A witness representing Eagle Family condensed milk, the witness asserted, A witness representing the Milnot Foods (Eagle) also testified in support of are long-shelf-life products that fit best Holding Corporation (Milnot) testified reclassifying milk used to produce in Class IV under the current system of in support of Proposals 1 and 2 to canned evaporated milk products, as product classification and end-product reclassify canned evaporated milk and well as canned sweetened condensed pricing. He pointed out that large price canned sweetened condensed milk as milk, as a Class IV use of milk. The differences between Class III and Class Class IV. The witness testified that witness explained that Eagle is a small IV can place Federal order Milnot is a small business that employs business, employing about 300 people manufacturers of canned evaporated about 422 employees and processes and operating two manufacturing plants milk and canned sweetened condensed approximately 200 million pounds of located in Wellsboro, Pennsylvania, and milk products—which are distributed raw milk annually into evaporated milk Starkville, Mississippi. According to the nationally—at a substantial competitive and sweetened-condensed milk in witness, the primary business of the disparity with non-Federal order consumer-type packages. The witness company is manufacturing sweetened manufacturers. The witness supported stated that milk used to make these condensed milk products for national USDA adopting Proposals 1 and 2 on an products should be classified in the distribution. emergency basis. lowest manufacturing use class because The Eagle witness explained that the ADCNE also filed a post-hearing brief of the products’ shelf-life and milk purchased by their plants for reiterating their position and asserting characteristics. manufacturing canned sweetened that the mis-classification of canned

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evaporated milk and canned sweetened evaporated milk and canned sweetened pooling of the proceeds of milk used in condensed milk products in Class III condensed milk products. a marketing area. These provisions (cheese use category) has resulted in a There was no opposition testimony allow Federal milk marketing orders to $4.00 per hundredweight price for the adoption of Proposals 1 and 2 establish minimum prices that handlers discrepancy between Class III and Class given at the hearing or contained in must pay for milk based on use and IV that is extremely burdensome to post-hearing briefs. return a weighted average or uniform Federal order processors of these Findings and Conclusions price that dairy farmers receive for their products, including the ADCNE member milk. These provisions ensure that all O–AT–KA. ADCNE stated that it is The record evidence clearly supports dairy farmers supplying a market share imperative the changes be made on an the reclassification of milk used to in the benefit that arises from classified expedited basis to restore order to the produce evaporated milk in consumer- pricing through marketwide pooling of national market for these products. type packages or sweetened condensed milk. A witness appearing on behalf of New milk in consumer-type packages from Federal milk orders provide a pricing York State Dairy Foods, Inc. (NYSDF), Class III to Class IV. The proposed system for manufactured dairy products testified in support of Proposal 1. The amendments adopted in this decision that is based on end-product price witness contended that O–AT–KA can reclassify milk used to produce canned formulas. Under this system of pricing, no longer effectively compete in evaporated milk or canned sweetened the Class III price for milk is derived condensed milk products to a Class IV evaporated milk markets without from the price of butterfat, protein, and use of milk. The milk used to produce incurring very large losses due to the other nonfat/non-protein milk solids these products, like other Class IV current price disparity between (other solids). The butterfat, protein, products, has a relatively long shelf life, federally regulated milk used to produce and other solids prices are dependent may be stored without refrigeration, is evaporated milk consumer products and upon the wholesale prices of butter, sold over a wide geographic area and non-federally regulated milk used to cheese, and dry whey, respectively, and competes for sales with milk from non- make such products. make allowances and yield factors for federally regulated sources, and remains the dairy products. The Class IV price The NYSDF witness also testified that an outlet for milk not needed for fluid a Class IV classification is appropriate is derived from the price of butterfat and use. Most importantly, the yields of nonfat solids. The price of butter and since evaporated milk, like dried milk these products are based directly on the powders, is a product end use involving nonfat solids are dependent upon the nonfat solids content of the raw milk wholesale price of butter and nonfat dry extensive special processing and the used to make these products. Thus, the removal of the water from milk. The milk, respectively, and make allowances reclassification will appropriately and yield factors for the products. witness asserted that evaporated milk is classify and price under all Federal milk The record evidence clearly indicates similar to nonfat milk powder and orders milk used to produce evaporated that product yields for canned butter because it has a relatively long milk or sweetened condensed milk evaporated milk and canned sweetened storage capability. The witness also products in consumer-type packages. condensed milk products are based supported the reclassification of milk The Agricultural Marketing exclusively on the solids content of the used to produce canned sweetened Agreement Act of 1937 specifies that raw milk used to make the product. The condensed milk from Class III to Class Federal milk marketing orders classify record indicates that evaporated milk IV. milk ‘‘in accordance with the form in must have a minimum of 6.5 percent The National Milk Producers which or the purpose for which it is butterfat and 23 percent total solids and Federation (NMPF) filed a brief in used.’’ Currently, Federal milk orders that sweetened condensed milk must support of the reclassification of canned establish uniform classification of milk have a minimum of 8 percent butterfat evaporated milk and canned sweetened provisions for all Federal milk orders and 28 percent total solids. The higher condensed milk from Class III to Class consisting of four classes of use (Class the milk solids content of the raw milk IV. NMPF represents nearly 60,000 I, Class II, Class III, and Class IV) for used to make canned evaporated milk or dairy farmers that produce the majority pricing milk. canned sweetened condensed milk the of the United States milk supply. The classes of use can be categorized less water needs to be removed, which NMPF’s brief asserted that Class III is as a fluid/beverage class and three results in more cans of these products fundamentally for cheese products, manufacturing classes of milk. Class I produced at the above standards. The which is consistent with the Class III consists of those products that are used protein content of the raw milk is not cheese based pricing formula, whereas for fluid/beverage use with certain relevant to the production of these Class IV is a class for milk ingredients exceptions for formulas especially condensed milk products. Accordingly, such as butter and milk powders. NMPF prepared for infant feeding or dietary the reclassification of milk used to beleives evaporated and sweetened use in hermetically-sealed containers. produce evaporated and sweetened condensed milk products are more Class II includes soft or spoonable condensed milk products as a Class IV appropriately associated with products products such as cottage cheese, sour use will ensure that the milk used to such as milk powders and butter rather cream, ice cream, yogurt, and milk that produce these products is properly than cheese products. is used in the manufacture of other food classified and priced. NMPF encouraged USDA to consider, products. Class III consists of milk used The uniform classification of milk with respect to adopting Proposals 1 in hard cheeses, cream cheese, and decision of 1974 stated that canned and 2, the compatibility with State other spreadable cheese. Class IV evaporated milk and canned sweetened regulations, which would contribute to consists of butter or any milk product in condensed milk are storable products more orderly marketing both in and dried form and bulk milk that is in that should remain in the lowest outside of Federal milk marketing order inventory at the end of the month. manufacturing use class based on a 3- areas. The federation also supported the Federal milk marketing orders class system. The 1974 decision further handling of the action on an emergency establish and maintain orderly states that ‘‘A Class III classification for basis to remove the competitive marketing conditions for dairy farmers producer milk in these products will disadvantage currently imposed on and handlers through classified pricing permit such uses to remain as a Federal order manufacturers of canned (pricing milk based on use) and the competitive outlet for milk surplus to

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the needs of the Class I market.’’ The 2000 through June 2003. The monthly of milk used to produce evaporated milk decision also states such products made Class III price increased above the Class and sweetened condensed milk from milk regulated under these orders IV price beginning in July 2003, and the products as Class III with entities that must compete over wide areas with the price difference increased to a level of do not use milk priced under a Federal same products processed from ungraded $4.25 per hundredweight in September milk marketing order. This decision milk or other graded milk.’’ These 2003. This data clearly demonstrates does not rely on findings with respect characteristics of evaporated and that the Class III and Class IV price to such concerns as a reason for sweetened condensed milk products relationship has shifted since the reform changing the classification of milk used remain applicable today, some 30 years of Federal milk orders in 2000 and that to produce these products from the later. the Class III and Class IV prices move current Class III milk use classification The Class III classification independently of each other. to a Class IV use. determination of canned evaporated The price difference between Class III As indicated by the record, milk used milk and canned sweetened condensed and Class IV gave rise to proponents’ to produce canned evaporated milk and milk was left unchanged during the concerns of competitive inequities. The canned sweetened condensed milk review of the national uniform predictions of competitive inequities products is directly tied to the value of classification of milk provisions for that would likely continue if the the milk solids content of raw milk and Federal milk marketing orders in 1993. Department determined that milk used resulting product yields based on the During the reform of the Federal milk to produce such products remain solids content of raw milk. The current order program the classification of milk classified as a Class III use of milk may inappropriate classification of milk used used to produce canned evaporated or may not be valid. These concerns to produce canned evaporated milk or milk and canned sweetened condensed alone do not provide adequate rationale canned sweetened condensed milk milk products remained as Class III milk for determining if the milk used to products as a Class III use of milk has use products even though Federal order produce such products are properly implications affecting both handlers and reform resulted in a definitive split classified under the Federal milk order producers. From the handler between milk used to produce Class III system. What is most important is that perspective, the mis-classification of and Class IV products. The Class III milk is properly classified in accordance milk may affect the price they pay for designation in all Federal milk orders with form and use and in doing so milk in these uses and may affect their was determined for milk used to promotes orderly marketing conditions. competitive position with milk from produce cheese with the corresponding All of the proponents of Proposals 1 non-Federally regulated sources. From Class III price based primarily on cheese and 2 are handlers who operate nonpool the producer viewpoint, the mis- prices, the make allowance for cheese, plants and, accordingly, are not classification of milk affects the total and cheese yields from a hundredweight regulated by any Federal milk marketing value of the marketwide pool of milk of milk. order. However, the record reveals that and thus affects the blend price dairy The product characteristics of these entities purchase and receive milk farmers receive for their milk. Analysis evaporated milk and sweetened that is pooled and priced under a of production data from 2000 to 2002 for condensed milk are more similar to Federal milk marketing order. Unlike canned evaporated milk and canned nonfat dry milk (a Class IV product) pool handlers, nonpool handlers do not sweetened condensed milk reveals that rather than cheese (a Class III product). pool their milk receipts or share in the the blend price for all orders would Like dry milk powder, these products returns that are determined through the have increased by $0.0117 per can be stored for long periods of time marketwide pooling of milk. Nonpool hundredweight. From either viewpoint, without refrigeration. These products handlers are not required to purchase all market participants should be also are competitive outlets for milk that milk already pooled and priced under assured that orderly marketing is surplus to the Class I needs of a the terms of an order. In this regard, the conditions are advanced by properly market and thereby provide a balancing price paid by nonpool handlers is not classifying milk in accordance with function for Federal order marketing known if purchased through nonpool form and use. areas. Most importantly, the product sources, and even if purchased through Based upon the official record it is yields for evaporated and sweetened pool sources, such purchase may or may therefore concluded that milk used to condensed milk products are tied not have transacted at minimum class produce evaporated milk or sweetened directly to the yields of milk solids prices. Such is especially true when a condensed milk in consumer-type contained in the raw milk used to nonpool handler receives milk through packages should be classified as a Class produce these products. diversion from pool handlers. A pooled IV use of milk and that the associated The record evidence provided handler diverting milk to a nonpool amendments to the orders should be historical data of class prices covering plant is the entity that incurs the effective immediately. the period since Federal milk orders payment obligation to dairy farmers and were reformed in January 2000 through accounts to the marketwide pool for the 2. Classification of Monthly Bulk Milk September 2003. According to this data, volume of milk at the classified use Ending Inventory the Class IV price exceeded the Class III value of milk so diverted. Consequently, Proposal 3 of the hearing notice, price by an average of $2.13 per the price a nonpool handler actually seeking to classify milk in bulk ending hundredweight in 2000, $0.91 per pays for such milk is not known. inventory each month to the lowest hundredweight in 2001, and $0.42 per Therefore, it cannot be determined priced class of Class III or Class IV, is hundredweight in 2002. However, the whether a competitive advantage or not adopted. Currently, bulk fluid milk Class III price for the period of January disadvantage may arise in those times products and bulk fluid cream products 2003 through September 2003 has when the Class III price for milk rises in inventory at the end of the month are exceeded the Class IV price by an above the Class IV price, which results classified as a Class IV use of milk. average of $1.07 per hundredweight. in the Class IV price being the lowest A witness testifying on behalf of New The monthly Class III price for milk valued use of milk. York State Dairy Foods, Inc. (NYSDF), generally was below the Class IV price Hearing participants expressed testified that the classification of bulk from the implementation of Federal concern about price disparities that ending inventories beginning with Class milk marketing order reform in January result from the improper classification IV often tends to increase the volume of

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other source milk assigned to a higher- brief requested that interested parties be written exceptions to the proposed valued class at the transferee plants than provided ample opportunity to order amendments. Thus, an interim is accorded producer milk pooled on an comment on the proposed rule should final rule amending the orders will be order. The witness asserted that this was Proposal 3 be recommended for issued if it is determined that producers not the intent of the present provision adoption. approve the orders, as amended on an dealing with the proper classification of Findings and Conclusions interim basis. milk in ending inventory. The witness presented data and testimony which The hearing record does not provide Rulings on Proposed Findings and indicated that class prices often sufficient evidence to adopt a change in Conclusions fluctuate independently and do not the classification rules applicable to Briefs and proposed findings and always maintain a constant relationship monthly bulk ending inventory. conclusions were filed on behalf of to one another. According to the Specifically, the hearing record does not certain interested parties. These briefs, witness, the typically higher-valued provide information on the potential proposed findings and conclusions, and classes can experience a price inversion impact of the proposed amendment on the evidence in the record were resulting in a negative producer price affected parties. Accordingly, the bulk considered in making the findings and differential. The witness asserted that a ending inventory reclassification conclusions set forth above. To the more equitable sharing of pool proceeds proposal is not adopted. extent that the suggested findings and would result from bulk ending 3. Determining Whether Emergency conclusions filed by interested parties inventories being classified at the Marketing Conditions Exist That Would are inconsistent with the findings and lowest-valued class. There was no Warrant the Omission of a conclusions set forth herein, the opposing testimony provided at the Recommended Decision and the requests to make such findings or reach hearing. Opportunity to File Written Exceptions such conclusions are denied for the The Association of Dairy Cooperatives reasons previously stated in this in the Northeast (ADCNE) filed a post- The proposed amendments to decision. hearing brief in opposition to the reclassify milk used to produce proposal to change the classification of evaporated milk or sweetened General Findings monthly bulk ending inventory. The condensed milk in consumer-type The findings and determinations ADCNE brief stated that testimony packages from Class III to Class IV hereinafter set forth supplement those supporting the adoption of the proposal should be adopted on an emergency that were made when the northeast and was only provided by northeast milk basis. Record evidence clearly other marketing orders were first issued order handlers even though the proposal establishes that milk used to produce and when they were amended. The would affect all Federal milk orders in these products is currently previous findings and determinations the United States. According to ADCNE, inappropriately classified as a Class III are hereby ratified and confirmed, the ‘‘tilt’’ in USDA/Commodity Credit milk use. The hearing record indicates except where they may conflict with Corporation butter/powder support that the milk used to produce these those set forth herein. price purchase prices will continue into products should be classified as Class IV (a) The interim marketing agreements the foreseeable future thus mitigating and should be priced under Federal and the orders, as hereby proposed to be the need to reclassify milk in ending milk orders accordingly. amended, and all of the terms and inventories as a Class IV use of milk. Milk used to produce canned conditions thereof, will tend to ADCNE indicated there could be evaporated milk or canned sweetened effectuate the declared policy of the Act; unintended consequences of making condensed milk products is more (b) The parity prices of milk as such a change that could result in losses appropriately related to the solids determined pursuant to section 2 of the of producer income. Accordingly, content of the raw milk used to make Act are not reasonable in view of the ADCNE concluded that the proposal is these products, which has a direct price of feeds, available supplies of not critical and should not be adopted bearing on the production yields of feeds, and other economic conditions without further input and a complete these products. The current Class III which affect market supply and demand examination of the issue. classification of milk is tied to a value for milk in the marketing area, and the The National Milk Producers determined primarily to reflect the minimum prices specified in the interim Federation (NMPF) also filed a post- protein content of milk, which distorts marketing agreements and the orders, as hearing brief in opposition to the the basis for determining the hereby proposed to be amended, are adoption of Proposal 3 on an emergency appropriate value of milk used to such prices as will reflect the aforesaid basis. According to NMPF, the impact of produce canned evaporated milk and factors, insure a sufficient quantity of the proposal to reclassify monthly bulk canned sweetened condensed milk pure and wholesome milk, and be in the ending inventory of fluid milk products products where the solids content public interest; and and fluid cream products from Class IV determines the appropriate milk value. (c) The interim marketing agreements to the lowest-priced class of Class III or Thus, the mis-classification of milk and the orders, as hereby proposed to be Class IV cannot be analyzed without results in improper pricing of such milk amended, will regulate the handling of knowledge of the specific conforming under Federal milk orders which causes milk in the same manner as, and will be changes to other affected sections. disorderly marketing conditions applicable only to persons in the The NMPF brief stated that Proposal affecting both handlers and producers. respective classes of industrial and 3 seemed reasonable in that it would Accordingly, it is determined that commercial activity specified in, allow processors to avoid advancing emergency marketing conditions exist, marketing agreements upon which a money to the pool that could be and therefore the issuance of a hearing has been held. returned for ultimate use in a lower recommended decision is omitted. priced class. The NMPF brief argued Based on the hearing record, as noted Interim Marketing Agreement and that the ‘‘lower-of’’ concept for above, this decision adopts the Interim Order Amending the Orders classifying inventories is supportable as proposed reclassification amendments Annexed hereto and made a part an analog to the ‘‘higher-of’’ principle on an interim basis and provides hereof are two documents, an interim for Class I milk. Accordingly, the NMPF interested parties an opportunity to file Marketing Agreement regulating the

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handling of milk, and an Interim Order Dated: February 27, 2004. other marketing are as shall be in amending the orders regulating the A.J. Yates, conformity to and in compliance with handling of milk in the northeast and all Administrator, Agricultural Marketing the terms and conditions of the order, as other marketing areas, which have been Service. amended, and as hereby amended, as decided upon as the detailed and follows: Interim Order Amending the Orders appropriate means of effectuating the 1. The authority citation for 7 CFR Regulating the Handling of Milk in the foregoing conclusions. parts 1000, 1001, 1005, 1006, 1007, Northeast and Other Marketing Areas It is hereby ordered that this entire 1030, 1032, 1033, 1124, 1126, and 1131 decision and interim order and the (This interim order shall not become continues to read as follows: interim marketing agreement annexed effective unless and until the Authority: 7 U.S.C. 601–674. hereto be published in the Federal requirements of § 900.14 of the rules of Register. practice and procedure governing PART 1000—GENERAL PROVISIONS proceedings to formulate marketing OF FEDERAL MILK MARKETING Referendum Order To Determine agreements and marketing orders have ORDERS Producer Approval; Determination of been met.) Representative Period; and Designation 2. In § 1000.40, revise paragraph of Referendum Agent Findings and Determinations (c)(1)(ii), remove paragraph (c)(1)(iii), The findings and determinations redesignate paragraph (d)(1)(ii) as It is hereby directed that referenda be hereinafter set forth supplement those paragraph (d)(1)(iii), and add new conducted and completed on or before that were made when the orders were paragraph (d)(1)(ii) to read as follows: the 30th day from the date this decision first issued and when they were § 1000.40 Classes of utilization. is published in the Federal Register, in amended. The previous findings and accordance with the procedure for the determinations are hereby ratified and * * * * * conduct of referenda (7 CFR 900.300– confirmed, except where they may (c) * * * 311), to determine whether the issuance (1) * * * conflict with those set forth herein. (ii) Plastic cream, anhydrous milkfat, of the order(s) as amended and as (a) Findings. A public hearing was and butteroil; and hereby proposed to be amended, held upon certain proposed regulating the handling of milk in the amendments to the tentative marketing * * * * * Northeast and Mideast marketing areas agreements and to the orders regulating (d) * * * is approved or favored by producers, as (1) * * * the handling of milk in the Northeast (ii) Evaporated or sweetened defined under the terms of the order (as and other marketing areas. The hearing amended and as hereby proposed to be condensed milk in a consumer-type was held pursuant to the provisions of package; and amended), who during such the Agricultural Marketing Agreement representative period were engaged in Act of 1937, as amended (7 U.S.C. 601– * * * * * the production of milk for sale within 674), and the applicable rules of This marketing agreement will not appear in the Code of Federal Regulations. the aforesaid marketing areas. practice and procedure (7 CFR part 900). The representative period for the Upon the basis of the evidence Marketing Agreement Regulating the Handling of Milk in Certain Marketing Areas conduct of such referenda is hereby introduced at such hearing and the determined to be June 2003. record thereof, it is found that: The parties hereto, in order to effectuate (1) The said orders as hereby the declared policy of the Act, and in The agents of the Secretary to conduct accordance with the rules of practice and such referenda are hereby designated to amended, and all of the terms and conditions thereof, will tend to procedure effective thereunder (7 CFR Part be the respective market administrators 900), desire to enter into this marketing of the aforesaid orders. effectuate the declared policy of the Act; agreement and do hereby agree that the (2) The parity prices of milk, as provisions referred to in paragraph I hereof Determination of Producer Approval determined pursuant to section 2 of the as augmented by the provisions specified in and Representative Period Act, are not reasonable in view of the paragraph II hereof, shall be and are the price of feeds, available supplies of provisions of this marketing agreement as if June 2003 is hereby determined to be feeds, and other economic conditions set out in full herein. the representative period for the which affect market supply and demand I. The findings and determinations, order purpose of ascertaining whether the for milk in the aforesaid marketing relative to handling, and the provisions of 1 issuance of the orders, as amended and areas. The minimum prices specified in §§ llll to llll, all inclusive, of the as hereby proposed to be amended, the orders as hereby amended are such order regulating the handling of milk in the regulating the handling of milk in the (llllName of order llll) marketing prices as will reflect the aforesaid area (7 CFR PART llll 2) which is Appalachian, Florida, Southeast, Upper factors, insure a sufficient quantity of Midwest, Central, Pacific Northwest, annexed hereto; and pure and wholesome milk, and be in the II. The following provisions: § llll 3 Southwest, and Arizona Las-Vegas public interest; and Record of milk handled and authorization to marketing areas, is approved or favored (3) The said orders as hereby correct typographical errors. by producers, as defined under the amended regulate the handling of milk (a) Record of milk handled. The terms of the orders as amended and as in the same manner as, and are undersigned certifies that he/she handled hereby proposed to be amended, who applicable only to persons in the during the month of llll 4, llll during such representative period were respective classes of industrial or hundredweight of milk covered by this engaged in the production of milk for marketing agreement. commercial activity specified in, (b) Authorization to correct typographical sale within the aforesaid marketing marketing agreements upon which a areas. errors. The undersigned hereby authorizes hearing has been held. the Deputy Administrator, or Acting Deputy List of Subjects in 7 CFR Parts 1000, Order Relative To Handling 1001, 1005, 1006, 1007, 1030, 1032, 1 First and last sections of order. 1033, 1124, 1126, and 1131 It is therefore ordered, that on and 2 Appropriate Part number. after the effective date hereof, the 3 Next consecutive section number. Milk marketing orders. handling of milk in the northeast and 4 Appropriate representative period for the order.

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Administrator, Dairy Programs, Agricultural NW., Washington, DC. Alternatively, a reorganization’’ includes the Marketing Service, to correct any taxpayers may submit comments controlling corporation. typographical errors which may have been electronically to the IRS Internet site at On January 28, 1998, final regulations made in this marketing agreement. providing guidance regarding the COBE 3 http://www.irs.gov/regs. § llll Effective date. This marketing requirement, the definition of ‘‘a party agreement shall become effective upon the FOR FURTHER INFORMATION CONTACT: to the reorganization,’’ and the effect of execution of a counterpart hereof by the Concerning the regulations, Rebecca O. certain transfers of acquired assets or Secretary in accordance with Section Burch, (202) 622–7550; concerning stock on the qualification of a 900.14(a) of the aforesaid rules of practice submissions and the hearing, Sonya transaction as a reorganization under and procedure. Cruse, (202) 622–4693 (not toll-free In Witness Whereof, The contracting section 368(a)(1)(A), (B), (C), or (G) were numbers). handlers, acting under the provisions of the published in the Federal Register (63 Act, for the purposes and subject to the SUPPLEMENTARY INFORMATION: FR 4174). Sections 1.368–1(d) and limitations herein contained and not 1.368–2(f) and (k) were among those otherwise, have hereunto set their respective Background regulations. hands and seals. To quality as a reorganization under Section 1.368–1(d) generally provides Signature that, for a transaction to satisfy the By (Name) lllllllllllllll section 368 of the Internal Revenue (Title) lllllllllllllllll Code, a transaction must satisfy certain COBE requirement, the issuing (Address) llllllllllllllll statutory requirements and nonstatutory corporation must either continue a (Seal) requirements, including continuity of significant historic business of the target Attest business enterprise (COBE). Section corporation or use a significant portion [FR Doc. 04–4724 Filed 2–27–04; 2:04 pm] 368(a)(2)(C) provides that a transaction of the target corporation’s assets in a business. For this purpose, the term BILLING CODE 3410–02–P otherwise qualifying as a reorganization under section 368(a)(1)(A), (B), (C), or issuing corporation generally means the (G) will not be disqualified by reason of acquiring corporation, but, in the case of DEPARTMENT OF THE TREASURY the fact that part or all of the acquired a triangular reorganization, it means the assets or stock are transferred to a corporation in control of the acquiring Internal Revenue Service corporation controlled by the acquiring corporation. In addition, the issuing corporation. corporation is treated as holding all of 26 CFR Part 1 the businesses and assets of all of the Section 354(a) provides that, in members of the qualified group. For this [REG–165579–02] general, no gain or loss shall be purpose, the qualified group is one or recognized if stock or securities in a RIN 1545–BB80 more chains of corporations connected corporation a party to a reorganization through stock ownership with the Corporate Reorganizations; Transfers are, in pursuance of the plan of issuing corporation, but only if the of Assets or Stock Following a reorganization, exchanged solely for issuing corporation owns directly stock Reorganization stock or securities in such corporation meeting the requirements of section or in another corporation a party to the 368(c) in at least one other corporation, AGENCY: Internal Revenue Service (IRS), reorganization. Section 368(b) provides and stock meeting the requirements of Treasury. that the term ‘‘a party to a section 368(c) in each of the ACTION: Notice of proposed rulemaking. reorganization’’ includes a corporation corporations (except the issuing resulting from a reorganization, and corporation) is owned directly by one of SUMMARY: This document contains both corporations, in the case of a the other corporations. proposed regulations that provide reorganization resulting from the Section 1.368–2(f) provides that the guidance relating to the effect of certain acquisition by one corporation of stock term ‘‘a party to a reorganization’’ asset and stock transfers on the or properties of another. Section 368(b) includes a corporation resulting from a qualification of certain transactions as further provides that, in the case of a reorganization, and both corporations in reorganizations under section 368(a). reorganization qualifying under section a transaction qualifying as a This document also contains proposed 368(a)(1)(B) or (C), if the stock reorganization where one corporation regulations that provide guidance exchanged for the stock or properties is acquires stock or properties of another relating to the continuity of business stock of a corporation which is in corporation. In the case of a triangular enterprise requirement and the control of the acquiring corporation, the reorganization, a corporation controlling definition of a party to a reorganization. term ‘‘a party to a reorganization’’ an acquiring corporation is a party to These regulations affect corporations includes the corporation so controlling the reorganization when the stock of and their shareholders. the acquiring corporation. In the case of such controlling corporation is used in DATES: Written or electronic comments a reorganization qualifying under the acquisition of properties. Section and requests for a public hearing must section 368(a)(1)(A), (B), (C), or (G) by 1.368–2(f) further provides that, if a be received by June 1, 2004. reason of section 368(a)(2)(C), the term transaction otherwise qualifies as a ADDRESSES: Send submissions to ‘‘a party to a reorganization’’ includes reorganization, a corporation remains a CC:PA:LPD:PR (REG–165579–02), room the corporation controlling the party to the reorganization even though 5203, Internal Revenue Service, POB corporation to which the acquired assets stock or assets acquired in the 7604, Ben Franklin Station, Washington, or stock are transferred. In the case of reorganization are transferred in a DC 20044. Submissions may be hand a reorganization qualifying under transaction described in § 1.368–2(k). delivered Monday through Friday section 368(a)(1)(A) or (G) by reason of Section 1.368–2(k) provides that, between the hours of 8 a.m. and 4 p.m. section 368(a)(2)(D), the term ‘‘a party to except as otherwise provided, a to CC:PA:LPD:PR (REG–165579–02), a reorganization’’ includes the transaction otherwise qualifying as a Courier’s Desk, Internal Revenue controlling corporation. Finally, in the reorganization under section Service, 1111 Constitution Avenue, case of a reorganization qualifying 368(a)(1)(A), (B), (C), or (G) (where the under section 368(a)(1)(A) by reason of requirements of sections 354(b)(1)(A) 3 Next consecutive section number. section 368(a)(2)(E), the term ‘‘a party to and (B) are met) will not be disqualified

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by reason of the fact that part or all of section 368(a)(1)(A) by reason of section 368(a)(1)(D) differently from the original the assets or stock acquired in the 368(a)(2)(D) (a forward triangular transferee in a reorganization under transaction are transferred or merger) prevented the transaction from section 368(a)(1)(A) or (C) for purposes successively transferred to one or more qualifying as such. The IRS ruled that of section 368(b), the ruling concludes corporations controlled in each transfer the transfer of stock of the acquiring that the original transferee in a by the transferor corporation. For this corporation did not cause the issuing transaction that otherwise satisfies the purpose, a corporation is a controlled corporation to be treated as not in requirements of a reorganization under corporation if the transferor corporation control of the acquiring corporation for section 368(a)(1)(D) is treated as a party owns stock of such corporation purposes of section 368(a)(2)(D), and to the reorganization, notwithstanding constituting control within the meaning did not cause the issuing corporation to the original transferee’s transfer of of section 368(c). Furthermore, a fail to be treated as a party to the acquired assets to a controlled transaction qualifying under section reorganization. In arriving at these subsidiary of the original transferee. The 368(a)(1)(A) by reason of application of conclusions, the ruling notes that ruling concludes that the transaction section 368(a)(2)(E) is not disqualified section 368(a)(2)(C) and § 1.368–2(k) do qualifies as a reorganization under by reason of the fact that part or all of not specifically address the facts of the section 368(a)(1)(D). the stock of the surviving corporation is ruling and section 368(a)(2)(C) does not Explanation of Provisions transferred or successively transferred to preclude the transaction from qualifying one or more corporations controlled in as a reorganization. The ruling states As described above, in the regulations each transfer by the transferor that, by its terms, section 368(a)(2)(C) is under section 368 and in revenue corporation, or because part or all of the a permissive, rather than an exclusive or rulings, the IRS and Treasury assets of the surviving corporation or restrictive, section. therefore, the Department have considered the effect the merged corporation are transferred transfer of acquiring corporation stock of transfers of assets or stock to or successively transferred to one or to the issuing corporation’s wholly controlled corporations on the more corporations controlled in each owned subsidiary did not prevent the qualification of a transaction as a transfer by the transferor corporation. transaction from qualifying as a forward reorganization in a variety of situations Again, for this purpose a corporation is triangular merger. not addressed by section 368(a)(2)(C). In controlled by the transferor corporation each of these cases, the IRS and In Rev. Rul. 2002–85, the IRS if the transferor corporation owns stock Treasury Department have concluded considered whether an acquiring of such corporation constituting control that the transfers did not cause the corporation’s transfer of acquired assets within the meaning of section 368(c). transaction to fail to qualify as a The preamble to the January 28, 1998, to a subsidiary controlled by the reorganization. These conclusions regulations explains that assets or stock acquiring corporation would prevent the reflect the fact that, in all of the acquired in certain reorganizations may acquiring corporation’s acquisition of situations considered, the transactions, be transferred among members of a those assets from qualifying as a in form, satisfy the statutory qualified group, and in certain cases to reorganization under section requirements of a reorganization and, in partnerships, without preventing the 368(a)(1)(D). After noting that section substance, constitute readjustments of reorganization from satisfying COBE. It 368(a)(2)(C) is permissive rather than continuing interests in the reorganized also states that the IRS and Treasury exclusive or restrictive, the ruling business in modified corporate form. Department believe that the COBE reasons that, because § 1.368–2(k) None of the transactions involve the requirements adequately address the restates and interprets section transfer of the acquired stock or assets remote continuity of interest issues 368(a)(2)(C), § 1.368–2(k) also should be to a ‘‘stranger,’’ a result inconsistent raised in Gorman v. Commissioner, 302 viewed as permissive and not exclusive with reorganization treatment. H.R. Rep. U.S. 82 (1937), and Helvering v. or restrictive. The ruling concludes that No. 83–1337, A134 (1954). Bashford, 302 U.S. 454 (1938), and, the absence of section 368(a)(1)(D) from The IRS and Treasury believe that therefore, that the final regulations do § 1.368–2(k) does not prevent a certain transfers of stock and assets to not separately articulate rules for remote corporation from remaining a party to a controlled corporations are consistent continuity. The preamble also states that reorganization even if the acquired stock with reorganization treatment, even § 1.368–1(d), being limited to a or assets are transferred to a controlled though in some cases the transfers discussion of the COBE requirement, subsidiary. The ruling states that, like involve a type of reorganization not does not address satisfaction of the reorganizations under sections included in section 368(a)(2)(C). The explicit statutory requirements of a 368(a)(1)(A) and 368(a)(1)(C), effect of transferring stock or assets to a reorganization, which is the subject of reorganizations under section controlled corporation on the § 1.368–2. Finally, the preamble states 368(a)(1)(D) are asset reorganizations. In qualification of a transaction as a that no inference is to be drawn as to reorganizations under sections reorganization should not depend on whether transactions not described in 368(a)(1)(A) and reorganizations under the specific reorganization provision at § 1.368–2(k) otherwise qualify as section 368(a)(1)(C), the original issue. Given that section 368(a)(2)(C) reorganizations. transferee is treated as a party to a was intended to be permissive rather In Rev. Rul. 2001–1 C.B. 1290, and reorganization, even if the acquired than exclusive with respect to certain Rev. Rul. 2002–85, 2002–52 I.R.B. 986, assets are transferred to a controlled transfers of stock or assets to a the IRS addressed the effect of certain subsidiary of the original transferee. controlled corporation following a transfers not described in § 1.368–2(k) Because the differences between transaction that would qualify as a on certain transactions that otherwise reorganizations under section reorganization without regard to the qualify as reorganizations. In Rev. Rul. 368(a)(1)(D) on the one hand and transfer, the IRS and Treasury believe it 2001–24, the IRS considered whether a reorganizations under sections is appropriate to extend its principles to transfer of the stock of the acquiring 368(a)(1)(A) and (C) on the other hand certain transfers of stock and assets after corporation to a corporation wholly do not warrant treating the original all types of reorganizations. owned by the issuing corporation transferee in a transaction that Accordingly, these regulations following a transaction that otherwise otherwise satisfies the requirements of a propose to amend § 1.368–2(k) to qualified as a reorganization under reorganization under section provide that a transaction otherwise

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qualifying as a reorganization under List of Subjects in 26 CFR Part 1 the qualified group own, in the section 368(a) will not be disqualified as Income taxes, Reporting and aggregate, stock of the surviving, or a result of the transfer or successive recordkeeping requirements. acquiring corporation meeting the transfers to one or more corporations requirements of section 368(c). This controlled in each transfer by the Proposed Amendments to the paragraph (d)(4)(i)(B) applies to transferor corporation of part or all of (i) Regulations transactions occurring after the date this the assets of any party to the Accordingly, 26 CFR part 1 is regulations are published as final reorganization, or (ii) the stock of any proposed to be amended as follows: regulations in the Federal Register. party to the reorganization other than * * * * * the issuing corporation. In addition, PART 1—INCOME TAXES (5) Examples. (i) The following these proposed regulations include 1. The authority citation for part 1 examples illustrate this paragraph (d). amendments to the COBE regulations continues to read in part as follows: All the following corporations have only under § 1.368–1(d) and amendments to one class of stock outstanding. Authority: 26 U.S.C. 7805 * * *. the definition of a party to a * * * * * reorganization under § 1.368–2(f) that 2. Section 1.368–1 is amended as Example 7. (i) Facts. The facts are the same reflect § 1.368–2(k) as proposed. follows: as in Example 6, except that, instead of P 1. Paragraph (d)(4)(i) is redesignated acquiring the assets of T, HC acquires all of Special Analyses as paragraph (d)(4)(i)(A) and revised. outstanding stock of T in exchange solely for voting stock of P. In addition, as part of the It has been determined that this notice 2. New paragraph (d)(4)(i)(B) is added. 3. Paragraph (d)(5), introductory text, plan of reorganization, HC transfers 10 of proposed rulemaking is not a is redesignated as paragraph (d)(5)(i), percent of the stock of T to each of significant regulatory action as defined subsidiaries S–1 through S–10. Finally, T and revised. will continued to operate an auto parts in Executive Order 12866. Therefore, a 4. In newly designated paragraph regulatory assessment is not required. It distributorship. Without regard to whether (d)(5)(i), Examples, 7, 8, 9, 10, 11, and the transaction satisfies the COBE has also been determined that section 12 are redesignated as Examples 8, 9, 553(b) of the Administrative Procedure requirement, the transaction qualifies as a 10, 11, 12, and 13, respectively. triangular B reorganization. Act (5 U.S.C. chapter 5) does not apply 5. In newly designated paragraph (ii) Continuity of business enterprise. to these regulations, and, because these (d)(5)(i), the first sentence in Under paragraph (d)(4)(i)(B) of this section, P regulations do not impost a collection of redesignated Examples 9, 10, and 12 is is treated as holding all of the assets and information on small entities, the revised. conducting the business of T because S–1 Regulatory Flexibility Act (5 U.S.C. 6. In newly designated paragraph through S–10, members of the qualified chapter 6) does not apply. Pursuant to (d)(5)(i), a new Example 7 is added. group, own stock of T meeting the section 7805(f) of the Internal Revenue 7. New paragraph (d)(5)(ii) is added. requirements of section 368(c). Therefore, the Code, this notice of proposed COBE requirement of paragraph (d)(1) of this The revisions and additions read as section is satisfied because P is treated as rulemaking will be submitted to the follows: continuing T’s business. Chief Counsel for Advocacy of the Small Business Administration for comment § 1.368–1 Purpose and scope of exception * * * * * Example 9. * * * (i) Facts. The facts are on its impact on small businesses. of reorganization exchanges. * * * * * the same as Example 8, except that S–3 Comments and Requests for a Public (d) * * * transfers the historic T business to PRS in exchange for a 1 percent interest in PRS. Hearing (4) * * * (i) Businesses and assets of members * * * * * Before these proposed regulations are of a qualified group—(A) In general. Example 10. * * * (i) Facts. The facts are adopted as final regulations, The issuing corporation is treated as the same as Example 8, except that S–3 transfers the historic T business to PRS in consideration will be given to any holding all of the businesses and assets exchange for a 331⁄3 percent interest in PRS, written (a signed original and 8 copies) of all of the members of the qualified or electronic comments that are and no member of P’s qualified group group, as defined in paragraph (d)(4)(ii) performs active and substantial management submitted timely to the IRS. The IRS of this section. functions for the ski boot business operated and Treasury Department request (B) Special rule. The issuing in PRS. comments on the clarity of the proposed corporation is treated as holding all of * * * * * rules and how they can be made easier the businesses and assets of the Example 12. * * * (i) Facts. The facts are to understand. All comments will be surviving corporation after a the same as Example 11, except that S–1 available for public inspection and reorganization that otherwise satisfies transfers all the T assets to PRS and P and copying. A public hearing will be the requirements of a reverse triangular X each transfer cash to PRS in exchange for scheduled if requested in writing by any merger (as defined in § 1.358– partnership interests. * * * person that timely submits written 6(b)(2)(iii)), the acquired corporation * * * * * comments. If a public hearing is after a reorganization that otherwise (ii) Effective dates. Paragraph (d)(5) scheduled, notice of the date, time, and satisfies the requirements of section Example 6, and Example 8 through place for the public hearing will be 368(a)(1)(B), and the acquiring Example 13 apply to transactions published in the Federal Register corporation after a reorganization that occurring after January 28, 1998, except that they do not apply to any transaction Drafting Information otherwise satisfies the requirements of a forward triangular merger (as defined in occurring pursuant to a written The principal author of these § 1.358–6(b)(2)(i)), a triangular B agreement which is binding on January proposed regulations is Rebecca O. reorganization (as defined in § 1.358– 28, 1998, and at all times thereafter. Burch of the Office of Associate Chief 6(b)(2)(iv)), a triangular C reorganization Paragraph (d)(5) Example 7 applies to Counsel (Corporate). However, other (as defined in § 1.358–6(b)(2)(ii)), or a transactions occurring after the date personnel from the IRS and Treasury reorganization under section these regulations are published as final Department participated in their 368(a)(1)(G) by reason of section regulations in the Federal Register. development. 368(a)(2)(D), provided that members of * * * * *

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3. Section 1.368–2 is amended by: acquiring corporate group produces a variety Example 5. Transfers of acquiring 1. Adding three sentences at the end of baked goods for nationwide distribution. P corporation stock to controlled corporations of paragraph (f). owns 80 percent of the stock of S–1. Pursuant after a reorganization under section 2. Revising paragraph (k). to a plan of reorganization, T transfers all of 368(a)(1)(B). (i) Facts. The facts are the same The additions and the revision read as its assets to S–1 solely in exchange for P as Example 4 except that P owns 80 percent follows: stock, which T distributes to its shareholders. of the stock of S–4, and S–4 owns 80 percent S–1 owns 80 percent of the stock of S–2, and of the stock of S–5, and, as part of the plan § 1.368–2 Definition of terms. S–2 owns 80 percent of the stock of S–3, of reorganization, following the acquisition of which also makes and supplies pastries and * * * * * T stock by S–1, P transfers 10 percent of its cookies. Pursuant to the plan of S–1 stock to S–4, and S–4 transfers that S– (f) * * * If a transaction otherwise reorganization, S–1 transfers all of the T 1 stock to S–5. qualifies as a reorganization under assets to S–2, and S–2 transfers all of the T (ii) Analysis. Under this paragraph (k), the section 368(a)(1)(B) or as a reverse assets to S–3. transaction, which otherwise qualifies as a triangular merger (as defined in § 1.358– (ii) Analysis. Under this paragraph (k), the reorganization under section 368(a)(1)(B), is 6(b)(2)(iii)), the target corporation (in transaction, which otherwise qualifies as a not disqualified by reason of the successive the case of a transaction that otherwise reorganization under section 368(a)(1)(C), is transfers of S–1 stock to S–4, and from S–4 qualifies as a reorganization under not disqualified by reason of the fact of the to S–5 because, in each transfer, the successive transfers of all of the T assets to section 368(a)(1)(B)) or the surviving transferee corporation is controlled by the S–2, and from S–2 to S–3 because, in each transferor corporation. corporation (in the case of a transaction transfer, the transferee corporation is Example 6. Transfer of acquired stock to a that otherwise qualifies as a reverse controlled by the transferor corporation. triangular merger) remains a party to the partnership. (i) Facts. The facts are the same Example 2. Transfers of acquired assets to as in Example 4. However, as part of the plan reorganization even though its stock or controlled corporations after a reorganization of reorganization, S–2 and S–3 form a new assets are transferred in a transaction under section 368(a)(1)(D). (i) Facts. The facts partnership, PRS. Immediately thereafter, S– described in paragraph (k) of this are the same as Example 1 except that P also 3 transfers all of its T stock to PRS in section. If a transaction otherwise owns 100 percent of the stock of T before the exchange for an 80 percent partnership qualifies as a forward triangular merger transaction, and T transfers all of its assets interest, and S–2 transfers cash to PRS in (as defined in § 1.358–6(b)(2)(i)), a to S–1 solely in exchange for S–1 stock, exchange for a 20 percent partnership which T distributes to P. triangular B reorganization (as defined interest. (ii) Analysis. Under this paragraph (k), the (ii) Analysis. This paragraph (k) describes in § 1.358–6(b)(2)(iv)), a triangular C transaction, which otherwise qualifies as a reorganization (as defined in § 1.358– the successive transfers of T stock to S–3, but reorganization under section 368(a)(1)(D), is does not describe S–3’s transfer of T stock to 6(b)(2)(ii)), or a reorganization under not disqualified by reason of the fact of the PRS. Therefore, the characterization of this section 368(a)(1)(G) by reason of section successive transfers of all of the acquired transaction must be determined under the 368(a)(2)(D), the acquiring corporation assets from S–1 to S–2, and from S–2 to S– relevant provisions of law, including the step 3 because, in each transfer, the transferee remains a party to the reorganization transaction doctrine. See § 1.368–1(a). The corporation is controlled by the transferor even though its stock is transferred in a transaction fails to meet the control corporation. transaction described in paragraph (k) of requirement of a reorganization described in this section. The two preceding Example 3. Transfer of acquiring stock to section 368(a)(1)(B) because immediately controlled corporation after a reorganization after the acquisition of the T stock, the sentences apply to transactions under section 368(a)(1)(A). (i) Facts. The occurring after the date these acquiring corporation does not have control facts are the same as Example 1 except that of T. regulations are published as final P owns 80 percent of the stock of S–4 and, regulations in the Federal Register. pursuant to the plan of reorganization, S–1 (4) Effective date. This paragraph (k) * * * * * acquires all of the T assets as a result of the applies to transactions occurring after (k) Certain transfers of assets or stock merger of T with and into S–1. In addition, the date these regulations are published in reorganizations—(1) General rule. A in the merger, the T shareholders receive as final regulations in the Federal consideration 50 percent of which is stock of Register. transaction otherwise qualifying as a P and 50 percent of which is cash. Finally, reorganization under section 368(a) pursuant to the plan of reorganization, P Mark E. Matthews, shall not be disqualified as a result of transfers all of the S–1 stock to S–4. Deputy Commissioner for Services and the transfer or successive transfers to (ii) Analysis. Under this paragraph (k), the Enforcement. transaction, which otherwise qualifies as a one or more corporations controlled in [FR Doc. 04–4483 Filed 3–1–04; 8:45 am] each transfer by the transferor reorganization under section 368(a)(1)(A) by BILLING CODE 4830–01–M corporation in part or all of— reason of section 368(a)(2)(D), is not (i) The assets of any party to the disqualified by the transfer of all of the S– reorganization; or 1 stock to S–4 because, in the transfer, the (ii) The stock of any party to the transferee corporation is controlled by the DEPARTMENT OF TRANSPORTATION transferor corporation. reorganization other than the issuing Example 4. Transfers of acquired stock to Saint Lawrence Seaway Development corporation (as defined in § 1.368–1(b)). controlled corporations after a reorganization Corporation (2) Control. Control is defined under under section 368(a)(1)(B). (i) Facts. The facts section 368(c). are the same as Example 1 except that S–1 33 CFR Part 402 (3) Examples. The following examples acquires all of the T stock rather than the T illustrate the application of this assets, and as part of the plan of [Docket No. SLSDC 04–17202] paragraph (k). P is the issuing reorganization, S–1 transfers 50 percent of corporation and T is the target the T stock to S–2, and S–2 transfers that T RIN 2135–AA19 stock to S–3. corporation. P has only one class of Tariff of Tolls stock outstanding. The examples are as (ii) Analysis. Under this paragraph (k), the transaction, which otherwise qualifies as a follows: AGENCY: Saint Lawrence Seaway reorganization under section 368(a)(1)(B), is Example 1. Transfers of acquired assets to not disqualified by the successive transfers of Development Corporation, DOT. controlled corporations after a reorganization part of the acquired stock from S–1 to S–2, ACTION: Notice of proposed rulemaking. under section 368(a)(1)(C). (i) Facts. T and from S–3 because, in each transfer, the operates a bakery that supplies delectable transferee corporation is controlled by the SUMMARY: The Saint Lawrence Seaway pastries and cookies to local retail stores. The transferor corporation. Development Corporation (SLSDC) and

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the St. Lawrence Seaway Management and presently administer the St. are foreign vessel operators. Therefore, Corporation (SLSMC) of Canada, under Lawrence Seaway Tariff of Tolls in their any resulting costs will be borne mostly international agreement, jointly publish respective jurisdictions. (The Tariff is by foreign vessels. and presently administer the St. called the Schedule of Fees and Charges Environmental Impact Lawrence Seaway Tariff of Tolls in their in Canada.) The proposed amendments respective jurisdictions. The Tariff sets are described in the following summary. This proposed regulation does not forth the level of tolls assessed on all The Tariff sets forth the level of tolls require an environmental impact commodities and vessels transiting the assessed on all commodities and vessels statement under the National facilities operated by the SLSDC and the transiting the facilities operated by the Environmental Policy Act (49 U.S.C. SLSMC. The SLSDC will be revising its SLSDC and the SLSMC. The SLSDC is 4321, et reg.) because it is not a major regulations to reflect the fees and proposing to revise § 402.8, ‘‘Schedule Federal action significantly affecting the charges charged by the SLSMC in of Tolls,’’ to reflect the fees and charges quality of human environment. Canada starting in the 2004 navigation charged by the SLSMC in Canada Federalism season, which are effective only in starting in the 2004 navigation season. Canada. The SLSDC also proposes an With one exception, the changes affect The Corporation has analyzed this amendment to increase the minimum the tolls for commercial vessels and are proposed rule under the principles and charge per lock transited for full or applicable only in Canada as the criteria in Executive Order 13132, Dated partial transit of the Seaway to be collection of the U.S. portion of tolls for August 4, 1999, and has determined that charged by the SLSDC for transit commercial vessels is waived by law (33 it does not have sufficient federalism through the U.S. locks of vessels that are U.S.C. 988a(a)). Accordingly, no notice implications to warrant a Federalism not pleasure craft or vessels subject in and comment is necessary on these Assessment. Canada to the tolls under items 1 and 2 amendments. The SLSDC also proposes Unfunded Mandates of the Tariff. Since this latter proposed an amendment to increase the minimum amendment would be of applicability in charge per lock transited for full or The Corporation has analyzed this the United States, comments are invited partial transit of the Seaway to be proposed rule under title II of the on only on this. (See SUPPLEMENTARY charged by the SLSDC for transit Unfunded Mandates Reform Act of 1995 INFORMATION.) through the U.S. locks of vessels that are (Pub. L. 104–4, 109 Stat. 48) and DATES: Any party wishing to present not pleasure craft or vessels subject in determined that it does not impose views on the proposed amendment may Canada to the tolls under items 1 and 2 unfunded mandates on State, local, and file comments with the Corporation on of the Tariff. Since only this latter tribal governments and the private or before April 1, 2004. proposed amendment would be of sector requiring a written statement of applicability in the United States, economic and regulatory alternatives. ADDRESSES: Signed, written comments comments are invited on only on this. should refer to the docket number Paperwork Reduction Act The specific change proposed is to appearing at the top of this document amend § 402.8, ‘‘Schedule of Tolls’’, to This proposed regulation has been and must be submitted to the Docket increase the per lock charge for transit analyzed under the Paperwork Clerk, U.S. DOT Dockets, Room PL–401, through a U.S. lock from $16.44 to Reduction Act of 1995 and does not 400 Seventh Street, SW., Washington, $16.77. This increase is due to higher contain new or modified information DC 20590–0001. Written comments may operating costs at the locks. collection requirements subject to the also be submitted electronically at http:/ Office of Management and Budget /dmses.dot.gov/submit/BlankDSS.asp. Regulatory Evaluation review. All comments received will be available This proposed regulation involves a for examination between 9 a.m. and 5 foreign affairs function of the United List of Subjects in 33 CFR Part 402 p.m., e.t., Monday through Friday, States and therefore Executive Order Vessels, Waterways. except Federal holidays. Those desiring 12866 does not apply and evaluation Accordingly, the Saint Lawrence notification of receipt of comments must under the Department of Seaway Development Corporation include a self-addressed, stamped Transportation’s Regulatory Policies and proposes to amend 33 CFR part 402, envelope or postcard. Procedures is not required. Tariff of Tolls, as follows: FOR FURTHER INFORMATION CONTACT: Marc C. Owen, Chief Counsel, Saint Regulatory Flexibility Act PART 402—TARIFF OF TOLLS Lawrence Seaway Development Determination Corporation, 400 Seventh Street, SW., The Saint Lawrence Seaway 1. The authority citation for part 402 Washington, DC 20590, (202) 366–6823. Development Corporation certifies that would continue to read as follows: SUPPLEMENTARY INFORMATION: The Saint this proposed regulation will not have a Authority: 33 U.S.C. 983(a), 984(a)(4), and Lawrence Seaway Development significant economic impact on a 988, as amended; 49 CFR 1.52. Corporation (SLSDC) and the St. substantial number of small entities. 2. Section 402.8 would be revised to Lawrence Seaway Management The St. Lawrence Seaway Tariff of Tolls read as follows: Corporation (SLSMC) of Canada, under primarily relates to commercial users of international agreement, jointly publish the Seaway, the vast majority of whom § 402.8 Schedule of tolls.

Rate ($) Welland Canal— Rate ($) Montreal to or from Lake Ontario Lake Ontario to or from Item Description of charges (5 locks) Lake Erie (8 locks)

Column 1 Column 2 Column 3

1...... Subject to item 3, for complete transit of the Sea- way, a composite toll, comprising:

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Rate ($) Welland Canal— Rate ($) Montreal to or from Lake Ontario Lake Ontario to or from Item Description of charges (5 locks) Lake Erie (8 locks)

Column 1 Column 2 Column 3

(1) A charge per gross registered ton of the 0.0912 ...... 0.1482. ship, applicable whether the ship is wholly or partially laden, or is in ballast, and the gross registered tonnage being calculated accord- ing to prescribed rules for measurement in the United States or under the International Convention on Tonnage Measurement of Ships, 1969, as amended from time to time. (2) A charge per metric ton of cargo as cer- tified on the ship’s manifest or other docu- ment, as follows: (a) Bulk cargo ...... 0.9461 ...... 0.6268. (b) General cargo ...... 2.2795 ...... 1.0031. (c) Steel slab ...... 2.0630 ...... 0.7181. (d) Containerized cargo ...... 0.9461 ...... 0.6268. (e) Government aid cargo ...... N/A ...... N/A. (f) Grain ...... 0.5812 ...... 0.6268. (g) Coal ...... 0.5585 ...... 0.6268. (3) A charge per passenger per lock ...... 1.3449 ...... 1.3449. (4) A charge per lock for transit of the Welland Canal in either direction by cargo ships: (a) Loaded ...... N/A ...... 500.61. (b) In ballast ...... N/A ...... 369.87. 2...... Subject to item 3, for partial transit of the Seaway .. 20 per cent per lock of the applicable charge under 13 per cent per lock of the items 1(1) and (2) plus the applicable charge applicable charge under under items 1(3) and (4). items 1(1) and (2) plus the applicable charge under items 1(3) and (4). 3...... Minimum charge per ship per lock transited for full 16.77 ...... 16.77. or partial transit of the Seaway. 4...... A rebate applicable for the 2004 navigation season Rebate of 0% ...... Rebate of 0%. to the rates of item 1 to 3. 5...... A charge per pleasure craft per lock transited for 20.00 ...... 20.00. full or partial transit of the Seaway, including ap- plicable Federal taxes 1. 1 The applicable charge at the Saint Lawrence Seaway Development Corporation’s locks (Eisenhower, Snell) for pleasure craft is $20 U.S. or $30 Canadian per lock. The applicable charge under item 3 at the Saint Lawrence Seaway Development Corporation’s locks (Eisenhower, Snell) will be collected in U.S. dollars. The other amounts are in Canadian dollars and are for the Canadian share of tolls. The collection of the U.S. portion of tolls for commercial vessels is waived by law (33 U.S.C. 988a(a)).

Issued at Washington, DC, on February 26, ACTION: Proposed rule. as meeting the requirements of the 2004. Federal Clean Air Act (the Act). Saint Lawrence Seaway Development SUMMARY: The EPA is proposing to DATES: Comments must be received on Corporation. approve rule revisions into the Texas or before April 1, 2004. Marc C. Owen, State Implementation Plan (SIP). In this Chief Counsel. rulemaking, we are proposing two ADDRESSES: Comments may be submitted by mail to: Mr. Thomas Diggs [FR Doc. 04–4546 Filed 3–1–04; 8:45 am] separate actions. First, we are proposing (6PD–L), Environmental Protection BILLING CODE 4910–61–P to approve two SIP revisions submitted on September 12, 2002, and January 5, Agency, 1445 Ross Avenue, Dallas, 2004, by the State of Texas. These Texas 75202–2733. Comments may also revisions pertain to Texas’ excess be submitted electronically, by ENVIRONMENTAL PROTECTION facsimile, or through hand delivery/ AGENCY emissions rule, 30 TAC Chapter 101, General Air Quality Rules, specifically, courier. Follow the detailed instructions 40 CFR Part 52 the reporting and recordkeeping as provided in the General Information requirements, and enforcement actions section of this document. Copies of the [TX–162–1–7598; FRL–7629–4] for excess emissions during startup, State’s request and other supporting shutdown, and malfunction (SSM) information used in developing this Approval and Promulgation of action are available for inspection Implementation Plans; Texas; Excess activities. Second, we are proposing to find that Texas has corrected all during normal business hours at the Emissions During Startup, Shutdown following locations: and Malfunction Activities; and Notice deficiencies identified in our January 7, Environmental Protection Agency, of Resolution of Deficiency for Title V 2002, Notice of Deficiency (NOD). See Region 6, 1445 Ross Avenue, Suite 700, Permit Program section 1 of this document for more information concerning our action on Dallas, Texas 75202–2733. AGENCY: Environmental Protection the NOD. The EPA is proposing Texas Commission on Environmental Agency (EPA). approval of these two separate actions Quality (TCEQ), Office of Air Quality,

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12124 Park 35 Circle, Austin, Texas Variance Transfers (101.233). See our 101.223, the revisions satisfy Texas’ 78753. Technical Support Document (TSD) for requirement to correct the program FOR FURTHER INFORMATION CONTACT: Mr. more details. Texas submitted the deficiencies identified in the NOD (68 Alan Shar, for General Rule 101 September 12, 2002, rule revision as a FR 40871). questions, of the Air Planning Section result of adoption of Texas House Bill On December 17, 2003, the TCEQ (6PD–L) at (214) 665–6691, or 2912, sections 5.01 and 18.14, 77th adopted the changes to sections 101.201, 101.211, 101.221, 101.222, and [email protected]. Mr. Stanley M. Legislature, 2001. In a letter dated June 101.223, reporting, recordkeeping and Spruiell, for NOD questions, of the Air 10, 2002, EPA submitted comments on enforcement requirements for excess Permits Section (6PD–R), EPA Region 6, those rule revisions to the State. On January 5, 2004, the TCEQ emissions during startup, shutdown, 1445 Ross Avenue, Dallas, Texas 75202– submitted additional rule revisions to and malfunction activities, and 2733 at (214) 665–7212, or 30 TAC, General Air Quality Rule 101, submitted them to EPA for approval into [email protected]. Subchapter F, Division 3, sections the SIP on January 5, 2004. SUPPLEMENTARY INFORMATION: 101.221–223. We also approved SIP revisions Table of Contents The January 5, 2004, rule revisions concerning potential to emit concerned Operational Requirements requirements identified in the NOD on 1. What Are We Proposing To Approve? The 30 TAC, General Air Quality Rule 101 (101.221), Demonstrations (101.222), November 14, 2003 (68 FR 64543). The January 7, 2002, NOD and Actions to Reduce Excessive Today, we are proposing to approve 2. Why Are We Approving This Rule? Emissions (101.223). See our TSD for sections 101.201, 101.211, 101.221, 3. What Documents Did We Use in the more details. The January 5, 2004, 101.222, and 101.223 as revisions to the Evaluation of this Rule? submittal establishes an affirmative Texas SIP. 4. What Is a State Implementation Plan? defense to civil and administrative We have reviewed the TCEQ’s actions 5. What Is The Federal Approval Process For enforcement actions, other than actions to resolve the shortcomings identified in a SIP? for injunctive relief, for certain the NOD, and we have proposed 6. What Does Federal Approval of a SIP Mean approval of all of the corrections. Based To Me? violations of emission limitations, 7. What Areas in Texas Will The Proposed provided specific criteria are met. The upon today’s proposed approval of SIP Revision Affect? January 5, 2004, submittal makes clear sections 101.201, 101.211. 101.221, General Information that there is no automatic exemption 101.222, 101.223; our July 9, 2003 Statutory and Executive Order Reviews from compliance with the emissions proposed approval of revisions to the Throughout this document ‘‘we,’’ and opacity limitations during SSM Texas title V program; and our ‘‘us,’’ and ‘‘our’’ mean EPA. activities and that the proposed November 14, 2003 final SIP approval of amendments will not limit EPA or potential to emit requirements in this 1. What Are We Proposing To Approve? citizen authority to take enforcement rulemaking action, we are proposing to The 30 TAC, General Air Quality Rule action. Thus, determinations made by find those revisions satisfy all of Texas’ 101 the State under section 101.222 will not requirements to correct the program bar enforcement actions for exceedances deficiencies identified in our January 7, On September 12, 2002, the Governor of emissions limitations brought by EPA 2002, NOD. of Texas submitted rule revisions to 30 or citizens under the Act. 2. Why Are We Approving This Rule? TAC, General Air Quality Rule 101, The January 5, 2004, submittal also Subchapter A and Subchapter F, contains ‘‘sunset provisions’’ in In this rulemaking action, we are concerning the reporting and subsections 101.221(g), 101.222(h), and proposing to approve the September 12, recordkeeping requirements and 101.223(e) of the rule. The sunset 2002, and January 5, 2004, submittals as enforcement action for excess emissions provisions state that the sections revisions to the Texas SIP. These during SSM activities. The September 101.221, 101.222, and 101.223 will revisions primarily address violations of 12, 2002, submittal concerned expire on June 30, 2005. SIP requirements caused by periods of amendments to Definitions (101.1), excess emissions due to SSM activities. repeal of Upset Reporting and The January 7, 2002, NOD Generally, since SIPs must provide for Recordkeeping Requirements (101.6), On January 7, 2002 (67 FR 732), we attainment and maintenance of the Maintenance, Startup and Shutdown published an NOD for Texas’ title V National Ambient Air Quality Standards Reporting, Recordkeeping, and Operating Permit Program. We based the (NAAQS), all periods of excess Operational Requirements (101.7), NOD upon our finding that several State emissions must be considered Demonstrations (101.11), Temporary requirements did not meet the violations. As a result, EPA cannot Exemptions During Drought Conditions minimum Federal requirements of 40 approve any SIP revisions that provide (101.12), Petition for Variance (101.15), CFR part 70 and the Act. The TCEQ automatic exemptions for periods of Effect of Acceptance of Variance or adopted rule revisions to resolve the excess emissions. In addition, excess Permit (101.16), Transfers (101.17), and deficiencies we identified in the NOD emissions above applicable emission addition of new sections: Emissions and submitted the changes to EPA as limitations in title V permits are Event Reporting and Recordkeeping revisions to its title V Operating Permit deviations subject to title V reporting Requirements (101.201), Scheduled Program on December 9, 2002. The requirements. Maintenance, Startup, and Shutdown December 9, 2002, submittal also We are approving these revisions to Reporting and Recordkeeping included revisions to the Texas SIP the Texas SIP as consistent with the Requirements (101.211), Operational concerning potential to emit requirements of the Act and EPA’s Requirements (101.221), Demonstrations requirements necessary for resolving the interpretation of those requirements as (101.222), Actions to Reduce Excessive NOD. expressed in EPA Federal Register Emissions (101.223), Temporary On July 9, 2003, we proposed to notices and policy documents, and Exemptions During Drought Conditions approve the revisions to the Texas title because the revisions clarify: (a) That (101.224), Petition for Variance V Operating Permit Program and to find there is no automatic exemption from (101.231), Effect of Acceptance of that, upon final SIP approval of sections compliance with the emissions and Variance or Permit (101.232), and 101.201, 101.211, 101.221, 101.222, and opacity limitations, (b) that the

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proposed amendments will not limit However, EPA cannot approve an September 20, 1999, from Steven A. EPA or citizen authority to take affirmative defense clause into a SIP Herman, Assistant Administrator for enforcement action, and (c) that for each that would undermine the fundamental Enforcement and Compliance Assurance occurrence the source or operator has requirement of attainment and and Robert Perciasepe, Assistant the burden of proof to demonstrate that maintenance of the NAAQS, or any Administrator for Air and Radiation, emissions were not excessive, and the other applicable requirement of the Act, entitled ‘‘State Implementation Plans: identified criteria outlined in the rule including the State’s enforcement Policy Regarding Excess Emissions have been met. authority or the effectiveness of a State’s During Malfunctions, Startup, and This rulemaking would temporarily programs. As stated previously, we are Shutdown;’’ and EPA’s final rule for adopt the affirmative defense clause of proposing to find Texas’ affirmative Utah’s sulfur dioxide control strategy General Rule 101, Subchapter F, section defense clause consistent with EPA’s (Kennecott Copper), 42 FR 21472 (April 101.222, which states that certain interpretation of the Act. We will 27, 1977). The latest clarification of emissions activities and opacity consider the temporary effect of this EPA’s policy was issued on December 5, activities are subject to an affirmative rule in any future review of the State’s 2001. See the policy or clarification of defense to all claims in enforcement attainment demonstrations or other policy at http://www.epa.gov/ttn/oarpg/ actions, other than claims for rulemaking actions involving excess t1pgm.html. administrative technical orders or emissions during SSM activities. The To find the latest federally approved actions for injunctive relief, for which EPA does not consider sunset Texas SIP concerning excess emissions the source or operator proves all of the provisions in SIP rulemakings under see 65 FR 70792 (November 28, 2000). listed criteria. If approved into the SIP, section 110(l) of the Act appropriate the affirmative defense would be except in very narrow and limited 4. What Is a State Implementation available until June 30, 2005, to a source circumstances. Plan? or operator in an enforcement action If the State fails to revise these Section 110 of the Act requires States seeking penalties brought by the State, temporary sections and EPA does not to develop air pollution regulations and EPA, or citizens. Determinations made approve them into the Texas SIP on or control strategies to ensure that state air by the State under section 101.222 will before June 30, 2005, the affirmative quality meets the NAAQS that EPA has not bar EPA or citizen enforcement defense clause will no longer exist in established. Under section 109 of the actions. We are proposing to find this the Texas SIP. A source or operator Act, EPA established the NAAQS to revision consistent with EPA’s could no longer assert an affirmative protect public health. The NAAQS interpretation of the Act as discussed in defense to Federal or citizen address 6 criteria pollutants. These guidance, dated September 20, 1999, enforcement actions for violations criteria pollutants are: carbon from Steven A. Herman, Assistant which occur after the SIP provisions monoxide, nitrogen dioxide, ozone, Administrator for Enforcement and expire. The EPA considers all periods of lead, particulate matter, and sulfur Compliance Assurance, and Robert excess emissions as violations of the dioxide. Each State must submit these Perciasepe, Assistant Administrator for applicable emissions limitation. regulations and control strategies to us Air and Radiation, entitled ‘‘State However, under Section 113 of the Act, for approval and incorporation into the Implementation Plans: Policy Regarding EPA has discretion to refrain from federally enforceable SIP. Each State has Excess Emissions During Malfunctions, taking an enforcement action for excess a SIP designed to protect air quality. Startup, and Shutdown.’’ This action is emissions resulting from SSM activities, consistent with our recent reviews of such as those caused by circumstances These SIPs can be extensive, containing affirmative defense clauses in other entirely beyond the control of the source State regulations or other enforceable states, such as approvals of revisions to or operator. Unless the pertinent documents and supporting information the Michigan, Arizona, Arkansas and sections of the State rule are revised and such as emission inventories, other states’ SIPs. approved by EPA, after June 30, 2005, monitoring networks, and modeling As stated previously, the January 5, all emissions in excess of applicable demonstrations. 2004, SIP submittal contains sunset emission limitations during SSM 5. What Is the Federal Approval provisions in sections 101.221, 101.222, activities would be violations of the Process for a SIP? and 101.223 of the rule. The sunset Texas SIP and subject to EPA or citizen provisions state that three sections of enforcement. When a State wants to incorporate its the rule will expire on June 30, 2005. regulations into the federally The EPA is required to ensure that SIP 3. What Documents Did We Use in the enforceable SIP, the State must formally revisions fully comply with Evaluation of This Rule? adopt the regulations and control enforceability and other requirements of The EPA’s interpretation of the Act on strategies consistent with State and section 110 of the Act. The EPA has excess emissions occurring during Federal requirements. This process approved rules with sunset provisions startup, shutdown or malfunction is set includes a public notice, a public or expiration dates only under very forth in the following documents: a hearing, a public comment period, and limited circumstances. We are here memorandum dated September 28, a formal adoption by a State-authorized proposing to approve sections 101.221, 1982, from Kathleen M. Bennett, rulemaking body. 101.222, and 101,223, which expire of Assistant Administrator for Air, Noise, Once a State adopts a rule, regulation, their own terms on June 30, 2005, as and Radiation, entitled ‘‘Policy on or control strategy, the State may submit requested by the State, because they Excess Emissions During Startup, the adopted provisions to us and request strictly meet the requirements of section Shutdown, Maintenance, and that we include these provisions in the 110(l) of the Act. Malfunctions;’’ EPA’s clarification to the federally enforceable SIP. We must then Under EPA’s interpretation of the Act, above policy memorandum dated decide on an appropriate Federal action, a SIP can provide an affirmative defense February 15, 1983, from Kathleen M. provide public notice on this action, to certain actions for penalties brought Bennett, Assistant Administrator for and seek additional public comment for excess emissions that arise during Air, Noise, and Radiation; EPA’s policy regarding this action. If we receive SSM episodes, provided defined criteria memorandum reaffirming and adverse comments, we must address are demonstrated by the source. supplementing the above policy, dated them prior to a final action.

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Under section 110 of the Act, those in the FOR FURTHER INFORMATION be included as part of the comment that State regulations and supporting CONTACT section to schedule your is placed in the public rulemaking file information become a part of the inspection. If possible, schedule the and may be made available in EPA’s federally approved SIP upon our appointment two working days in public Web sites. If EPA cannot read approval. You can find records of these advance of your visit. Official hours of your comment due to technical SIP actions in the CFR at title 40, part business for the Regional Office are difficulties and cannot contact you for 52, entitled ‘‘Approval and Monday through Friday, 8:30 a.m. to 4 clarification, EPA may not be able to Promulgation of Implementation Plans.’’ p.m. excluding Federal holidays. Copies consider your comment. The actual state regulations that we of any State submittals and EPA’s i. E-mail. Comments may be approved are not reproduced in their technical support document are also submitted by electronic mail (e-mail) to entirety in the CFR but are available for public inspection at the [email protected], Attention ‘‘incorporated by reference,’’ which State Air Agency during official ‘‘Public comment on ID No. TX–162–1– means that we have approved a given business by appointment: 7598.’’ In contrast to the Regulations.gov State regulation with a specific effective Texas Commission on Environmental Web site, EPA’s e-mail system is not an date. Quality, Office of Air Quality, 12124 ‘‘anonymous’’ system. If you send an e- Park 35 Circle, Austin, Texas 78753. mail comment directly to EPA, your e- 6. What Does Federal Approval of a SIP 2. You may access this Federal mail address will be automatically Mean to Me? Register document electronically captured and included as part of the A State may enforce State regulations through the Regulations.gov Web site comment that is placed in the official before and after we incorporate those located at http://www.regulations.gov. public rulemaking file. regulations into a federally approved The Regulations.gov Web site is the ii. Regulations.gov. Comments may be SIP. After we incorporate those central online rulemaking portal of the submitted electronically at the regulations into a federally approved United States government and is a Regulations.gov Web site, the central SIP, both EPA and the public may also public service to increase participation online rulemaking portal of the United take enforcement action against in the government’s regulatory activities States government. Every effort is made violators of these regulations. by offering a central point for submitting to ensure that the Web site includes all comments on regulations. rule and proposed rule notices that are 7. What Areas in Texas Will the currently open for public comment. You Proposed SIP Revision Affect? C. How and To Whom Do I Submit may access the Regulations.gov Web site Comments? The proposed SIP revision will affect at http://www.regulations.gov. Select all sources of air emissions operating You may submit comments ‘‘Environmental Protection Agency’’ at within the State of Texas. electronically, by mail, through hand the top of the page and click on the delivery/courier or by facsimile. General Information ‘‘Go’’ button. The list of current EPA Instructions for submitting comments by actions available for comment will be A. What Is the Public Rulemaking File? each method are discussed below. To displayed. Select the appropriate action The EPA is committed to ensuring ensure proper receipt by EPA, identify and follow the online instructions for public access to the information used to the appropriate ID No. in the subject submitting comments. Unlike EPA’s e- inform the Agency’s decisions regarding line on the first page of your comment. mail system, the Regulations.gov Web the environment and human health and Please ensure that your comments are site is an ‘‘anonymous’’ system, which to ensuring that the public has an submitted within the specified comment means that any personal information, e- opportunity to participate in the period. Comments received after the mail address, or other contact Agency’s decision-making process. The close of the comment period will be information will not be collected unless official public rulemaking file consists marked ‘‘late.’’ The EPA is not required it is provided in the text of the of the documents specifically referenced to consider these late comments. If you comment. See the Privacy Notice at the in a particular agency action, any public wish to submit CBI or information that Regulations.gov Web site for further comments received, and other is otherwise protected by statute, please information. Please be advised that EPA information related to the action. The follow the instructions in section D cannot contact you for any necessary public rulemaking file does not include below. clarification unless your contact Confidential Business Information (CBI) 1. Electronically. To submit comments information is included in the body of or other information for which electronically (via e-mail, comments submitted through the disclosure is restricted by statute, Regulations.gov, or on disk or CD– Regulations.gov Web site. although such information is a part of ROM), EPA recommends that you iii. Disk or CD–ROM. You may submit the Agency’s official administrative include your name, mailing address, comments on a disk or CD–ROM that record for the action. and an e-mail address or other contact you mail to: Thomas H. Diggs, Chief, Air information in the body of your Planning Section (6PD–L), B. How Can I Get Copies of This comment. Also include this contact Environmental Protection Agency, 1445 Document and Other Related information on the outside of any disk Ross Avenue, Suite 700, Dallas, Texas Information? or CD–ROM you submit, and in any 75202–2733. Please include the text 1. An official public rulemaking file is cover letter accompanying the disk or ‘‘Public comment on ID No. TX–162–1– available for inspection at the Regional CD–ROM. This ensures that you can be 7598’’ on the disk or CD–ROM. These Office. The Regional Office has identified as the submitter of the electronic submissions will be accepted established an official public comment and allows EPA to contact you in WordPerfect, Word, or ASCII file rulemaking file for this action under in case EPA cannot read your comment format. You should avoid the use of Identification Number (ID No.) TX–162– due to technical difficulties or needs special characters and any form of 1–7598. The public rulemaking file is further information on the substance of encryption. available for viewing at the your comment. The EPA’s policy is that 2. By Mail. Send your comments to: Environmental Protection Agency, 1445 EPA will not edit your comments. Any Thomas H. Diggs (6PD–L), Ross Avenue, Suite 700, Dallas, Texas identifying or contact information Environmental Protection Agency, 1445 75202–2733. Contact the person listed provided in the body of a comment will Ross Avenue, Suite 700, Dallas, Texas

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75202–2733. Please include the text E. What Should I Consider as I Prepare as specified by Executive Order 13175 ‘‘Public comment on ID No. TX–162–1– My Comments for EPA? (65 FR 67249, November 9, 2000). This 7598’’ in the subject line of the first page You may find the following action also does not have Federalism of your comments. suggestions helpful for preparing your implications because it does not have 3. By Hand Delivery or Courier. comments: substantial direct effects on the States, Deliver your written comments or 1. Explain your views as clearly as on the relationship between the comments on a disk or CD–ROM to: Mr. possible. National Government and the States, or Thomas H. Diggs, Chief (6PD–L), 2. Describe any assumptions that you on the distribution of power and Environmental Protection Agency, 1445 used. responsibilities among the various Ross Avenue, Suite 700, Dallas, Texas 3. Provide any technical information levels of government, as specified in 75202–2733. Attention ‘‘Public and/or data you used that support your Executive Order 13132 (64 FR 43255, comment on ID No. TX–162–1–7598.’’ views. August 10, 1999). This action merely Such deliveries are only accepted 4. If you estimate potential burden or proposes to approve a State rule during official hours of business, which costs, explain how you arrived at your implementing a Federal standard, and are Monday through Friday, 8:30 a.m. to estimate. does not alter the relationship or the 4 p.m., excluding Federal holidays. 5. Provide specific examples to distribution of power and illustrate your concerns. 4. By Facsimile. Fax your comments responsibilities established in the Clean 6. Offer alternatives. Air Act. This proposed rule also is not to: (214) 665–7263, Attention ‘‘Public 7. Make sure to submit your comment on ID No. TX–162–1–7598.’’ subject to Executive Order 13045 comments by the comment period ‘‘Protection of Children from Please notify the person listed in the deadline identified. Environmental Health Risks and Safety FOR FURTHER INFORMATION CONTACT 8. To ensure proper receipt by EPA, Risks’’ (62 FR 19885, April 23, 1997), section of this document that a Fax has identify the appropriate ID No. in the been sent. subject line on the first page of your because it is not economically significant. D. How Should I Submit CBI to the response. It would also be helpful if you In reviewing SIP submissions, EPA’s Agency? provided the name, date, and Federal Register citation related to your role is to approve State choices, You may assert a business comments. provided that they meet the criteria of confidentiality claim covering CBI Statutory and Executive Order Reviews the Clean Air Act. In this context, in the information included in comments absence of a prior existing requirement submitted by mail or hand delivery in Under Executive Order 12866 (58 FR for the State to use voluntary consensus either paper or electronic format. CBI 51735, October 4, 1993), this proposed standards (VCS), EPA has no authority should not be submitted via e-mail or at action is not a ‘‘significant regulatory to disapprove a SIP submission for the Regulations.gov Web site. Clearly action’’ and therefore is not subject to failure to use VCS. It would thus be mark any part or all of the information review by the Office of Management and inconsistent with applicable law for submitted which is claimed as CBI at Budget. For this reason, this action is EPA, when it reviews a SIP submission, also not subject to Executive Order the time the comment is submitted to to use VCS in place of a SIP submission 13211, ‘‘Actions Concerning Regulations EPA. CBI should be submitted that otherwise satisfies the provisions of separately, if possible, to facilitate That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May the Clean Air Act. Thus, the handling by EPA. Submit one complete 22, 2001). This proposed action merely requirements of section 12(d) of the version of the comment that includes proposes to approve State law as National Technology Transfer and the properly labeled CBI for EPA’s meeting Federal requirements and Advancement Act of 1995 (15 U.S.C. official administrative record and one imposes no additional requirements 272 note) do not apply. This proposed copy that does not contain the CBI to be beyond those imposed by State law. rule does not impose an information included in the public rulemaking file. Accordingly, the Administrator certifies collection burden under the provisions If you submit CBI on a disk or CD–ROM, that this proposed rule will not have a of the Paperwork Reduction Act of 1995 mark the outside of the disk or the CD– significant economic impact on a (44 U.S.C. 3501 et seq.). ROM that it contains CBI and then substantial number of small entities Authority: 42 U.S.C. 7401 et seq. identify the CBI within the disk or CD– under the Regulatory Flexibility Act (5 ROM. Also submit a non-CBI version if U.S.C. 601 et seq.). Because this rule List of Subjects in 40 CFR Part 52 possible. Information which is properly proposes to approve pre-existing labeled as CBI and submitted by mail or requirements under State law and does Environmental protection, Air hand delivery will be disclosed only in not impose any additional enforceable pollution control, Carbon Monoxide, accordance with procedures set forth in duty beyond that required by State law, Hydrocarbons, Incorporation by 40 CFR part 2. For comments submitted it does not contain any unfunded reference, Intergovernmental relations, by EPA’s e-mail system or through the mandate or significantly or uniquely Lead, Nitrogen oxides, Ozone, Regulations.gov Web site, no CBI claim affect small governments, as described Particulate matter, Reporting and may be asserted. Do not submit CBI to in the Unfunded Mandates Reform Act recordkeeping requirements, Sulfur the Regulations.gov Web site or via of 1995 (Pub. L. 104–4). oxides, Volatile organic compounds. EPA’s e-mail system. Any claim of CBI This proposed rule also does not have Dated: February 23, 2004. will be waived for comments received tribal implications because it will not Richard E. Greene, through the Regulations.gov Web site or have a substantial direct effect on one or EPA’s e-mail system. For further advice more Indian tribes, on the relationship Regional Administrator, Region 6. on submitting CBI to the Agency, between the Federal Government and [FR Doc. 04–4625 Filed 3–1–04; 8:45 am] contact the person listed in the FOR Indian tribes, or on the distribution of BILLING CODE 6560–50–P FURTHER INFORMATION CONTACT section of power and responsibilities between the this notice. Federal Government and Indian tribes,

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ENVIRONMENTAL PROTECTION I. General Information specifically referenced in this action, any public comments received, and AGENCY A. Who Is Regulated by This Action? other information related to this action. 40 CFR Parts 141 and 142 Entities potentially regulated by this Although a part of the official docket, action are public water systems (PWS). the public docket does not include [FRL–7628–9] The following table provides examples Confidential Business Information (CBI) of the regulated entities under this rule. or other information whose disclosure is A public water system, as defined by restricted by statute. The official public RIN 2040–AE58 section 1401 of Safe Drinking Water Act docket is the collection of materials that (SDWA), is ‘‘a system for the provision is available for public viewing at the National Primary Drinking Water to the public of water for human Regulations: Minor Corrections and Water Docket in the EPA Docket Center, consumption through pipes or other (EPA/DC) EPA West, Room B102, 1301 Clarification to Drinking Water constructed conveyances, if such system Regulations Constitution Ave., NW., Washington, has at least 15 service connections or DC. The EPA Docket Center Public regularly serves at least 25 individuals.’’ AGENCY: Reading Room is open from 8:30 a.m. to Environmental Protection EPA defines ‘‘regularly served’’ as Agency. 4:30 p.m., Monday through Friday, receiving water from the system 60 or excluding legal holidays. The telephone ACTION: Proposed rule. more days per year. Categories and number for the Public Reading Room is entities potentially regulated by this (202) 566–1744, and the telephone SUMMARY: This rule proposes minor action include the following: number for the Water Docket is (202) changes to clarify and correct the 566–2426. If you would like to schedule Examples of potentially an appointment for access to docket Environmental Protection Agency’s Category regulated entities (EPA) Drinking Water regulations. This material, please call (202) 566–2426. proposal would clarify typographical State, Tribal State, Tribal or local govern- 2. Electronic Access errors, inadvertent omissions, editorial and Local ment-owned/operated errors, and outdated language in the Government. water supply systems You may access this Federal Register final Long Term 1 Enhanced Surface using ground water, sur- document electronically through the Water Treatment Rule (LT1ESWTR), the face water or mixed EPA Internet under the ‘‘Federal Surface Water Treatment Rule, and ground water and surface Register’’ listings at http:// water. other rules. In addition to these www.epa.gov/fedrgstr/. Federal Gov- Federally owned/operated An electronic version of the public clarifications, EPA is proposing optional ernment. community water supply docket is available through EPA’s monitoring for disinfection profiling systems using ground electronic public docket and comment and an earlier compliance date for some water, surface water or system, EPA Dockets. You may use EPA requirements in the LT1ESWTR, and a mixed ground water and Dockets at http://www.epa.gov/edocket/ detection limit for the Uranium surface water. to submit or view public comments, Methods. These three changes are Industry ...... Privately owned/operated access the index listing of the contents discussed first. This action proposes no community water supply systems using ground of the official public docket, and to new monitoring or reporting water, surface water or access those documents in the public requirements. mixed ground water and docket that are available electronically. surface water. DATES: Submit comments on or before Once in the system, select ‘‘search,’’ May 3, 2004. then key in the appropriate docket This table is not intended to be identification number. ADDRESSES: Comments may be exhaustive, but rather provides a guide Certain types of information will not submitted electronically, by mail, or for readers regarding entities likely to be be placed in the EPA Dockets. through hand delivery/courier. Send regulated by this action. This table lists Information claimed as CBI and other comments to: Water Docket, the types of entities that EPA is now information whose disclosure is Environmental Protection Agency, Mail aware could potentially be regulated by restricted by statute, which is not Code 4101T, 1200 Pennsylvania this action. Other types of entities not included in the official public docket, Avenue, NW., Washington, DC 20460, listed in the table could also be will not be available for public viewing Attention Docket ID No. OW–2003– regulated. To determine whether your in EPA’s electronic public docket. EPA’s 0066. Follow the detailed instructions facility is regulated by this action, you policy is that copyrighted material will as provided in the SUPPLEMENTARY should carefully examine the not be placed in EPA’s electronic public INFORMATION section I.C. applicability criteria in §§ 141.2 and docket but will be available only in 141.3 of title 40 of the Code of Federal printed, paper form in the official public FOR FURTHER INFORMATION CONTACT: For Regulations. If you have questions general information, contact the Safe docket. Although not all docket regarding the applicability of this action materials may be available Drinking Water Hotline, Telephone to a particular entity, consult the person (800) 426–4791. The Safe Drinking electronically, you may still access any listed in the preceding FOR FURTHER of the publicly available docket Water Hotline is open Monday through INFORMATION CONTACT section. Friday, excluding legal holidays, from 9 materials through the docket facility a.m. to 5:30 p.m., eastern time. For B. How Can I Get Copies of This identified in section I.B.1. For public commenters, it is technical inquiries, contact Tracy Bone, Document and Other Related important to note that EPA’s policy is Office of Ground Water and Drinking Information? that public comments, whether Water (MC 4607), U.S. Environmental 1. Docket submitted electronically or in paper, Protection Agency, 1200 Pennsylvania EPA has established an official public will be made available for public Ave., NW., Washington, DC 20460; docket for this action under Docket ID viewing in EPA’s electronic public telephone: (202) 564–5257. No. OW–2003–0066. The official public docket as EPA receives them and SUPPLEMENTARY INFORMATION: docket consists of the documents without change, unless the comment

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contains copyrighted material, CBI, or a. EPA Dockets. Your use of EPA’s 3. Provide any technical information other information whose disclosure is electronic public docket to submit and/or data you used that support your restricted by statute. When EPA comments to EPA electronically is views. identifies a comment containing EPA’s preferred method for receiving 4. If you estimate potential burden or copyrighted material, EPA will provide comments. Go directly to EPA Dockets costs, explain how you arrived at your a reference to that material in the at http://www.epa.gov/edocket, and estimate. version of the comment that is placed in follow the online instructions for 5. Provide specific examples to EPA’s electronic public docket. The submitting comments. Once in the illustrate your concerns. entire printed comment, including the system, select ‘‘search,’’ and then key in 6. Offer alternatives. copyrighted material, will be available Docket ID No. OW–2003–0066. The 7. Make sure to submit your in the public docket. system is an ‘‘anonymous access’’ comments by the comment period Public comments submitted on system, which means EPA will not deadline identified. computer disks that are mailed or know your identity, e-mail address, or 8. To ensure proper receipt by EPA, delivered to the docket will be other contact information unless you identify the appropriate docket transferred to EPA’s electronic public provide it in the body of your comment. identification number in the subject line docket. Public comments that are b. E-mail. Comments may be sent by on the first page of your response. It mailed or delivered to the Docket will electronic mail (e-mail) to OW- would also be helpful if you provided be scanned and placed in EPA’s [email protected], Attention Docket ID the name, date, and Federal Register electronic public docket. Where No. OW–2003–0066. In contrast to citation related to your comments. practical, physical objects will be EPA’s electronic public docket, EPA’s e- photographed, and the photograph will mail system is not an ‘‘anonymous II. Changes and Clarifications be placed in EPA’s electronic public access’’ system. If you send an e-mail Today’s notice proposes clarifications docket along with a brief description comment directly to the Docket without of typographical errors, outdated written by the docket staff. going through EPA’s electronic public language, editorial errors and C. How and To Whom Do I Submit docket, EPA’s e-mail system inadvertent omissions in the text of the Comments? automatically captures your e-mail Long Term 1 Enhanced Surface Water address. E-mail addresses that are Treatment Rule (LT1ESWTR), the You may submit comments automatically captured by EPA’s e-mail electronically, by mail, or through hand Surface Water Treatment Rule (SWTR), system are included as part of the and other rules. Each clarification is delivery/courier. To ensure proper comment that is placed in the official receipt by EPA, identify the appropriate discussed under the heading of the public docket, and made available in docket identification number in the drinking water rule that it amends (e.g., EPA’s electronic public docket. subject line on the first page of your LT1ESWTR). c. Disk or CD ROM. You may submit In addition to these clarifications, comment. Please ensure that your comments on a disk or CD ROM that comments are submitted within the EPA is proposing optional monitoring you mail to the mailing address for disinfection profiling and an earlier specified comment period. Comments identified in section I.C.2. These received after the close of the comment compliance date for some requirements electronic submissions will be accepted in the LT1ESWTR, and a detection limit period will be marked ‘‘late.’’ EPA is not in WordPerfect or ASCII file format. required to consider these late for the Uranium Methods. These three Avoid the use of special characters and changes are discussed first. comments. any form of encryption. 1. Electronically A. LT1ESWTR Compliance Date Change 2. By Mail and Optional Monitoring for If you submit an electronic comment Send an original and three copies of Disinfection Profiling as prescribed below, EPA recommends your comments and any enclosures to: that you include your name, mailing The Final LT1ESWTR was published Water Docket, Environmental Protection address, and an e-mail address or other on January 14, 2002 (67 FR 1812). In Agency, Mail Code 4101T, 1200 contact information in the body of your § 141.502, of the LT1ESWTR, EPA Pennsylvania Avenue, NW., comment. Also include this contact directed PWSs to ‘‘comply with these Washington, DC 20460, Attention information on the outside of any disk requirements in this subpart beginning Docket ID No. OW–2003–0066. or CD ROM you submit, and in any January 14, 2005, except where cover letter accompanying the disk or 3. By Hand Delivery or Courier otherwise noted.’’ In today’s rule, EPA CD ROM. This ensures that you can be Deliver your comments to: Water proposes to change the compliance date identified as the submitter of the Docket, Environmental Protection from January 14, 2005, to January 1, comment and allows EPA to contact you Agency, EPA West, Room B102, 1301 2005, in § 141.502 as well as in endnote in case EPA cannot read your comment Constitution Ave., NW., Washington, 8 of subpart Q, Appendix B. due to technical difficulties or needs DC, Attention Docket ID No. OW–2002– As stated in both § 141.73 (the Surface further information on the substance of 0066. Such deliveries are only accepted Water Treatment Rule) and § 141.551 your comment. EPA’s policy is that EPA during the Docket’s normal hours of (LT1ESWTR), systems must meet a will not edit your comment, and any operation as identified in section I.B.1. specified turbidity limit ‘‘in at least 95 identifying or contact information percent of the turbidity measurements provided in the body of a comment will D. What Should I Consider as I Prepare taken each month.’’ Under SWTR, be included as part of the comment that My Comments for EPA? which is currently effective, this limit is is placed in the official public docket, You may find the following 0.5 NTU. Under LT1ESWTR, which will and made available in EPA’s electronic suggestions helpful for preparing your be effective in January 2005, this limit public docket. If EPA cannot read your comments: is 0.3 NTU. With the current comment due to technical difficulties 1. Explain your views as clearly as LT1ESWTR date, the month of January and cannot contact you for clarification, possible. 2005 has two specified turbidity limits EPA may not be able to consider your 2. Describe any assumptions that you that the system would have to meet in comment. used. the measurements taken that month

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(one for the SWTR and one for the that States may approve a more December 2000 final rule for uranium LT1ESWTR). representative TTHM and HAA5 data because no detection limit was In addition, the Consumer Confidence set (optional monitoring) to avoid the discussed in the 1991 rule that proposed Report (CCR) requires community water disinfection profile monitoring required maximum contaminant limits (MCLs) systems to produce reports containing in § 141.530. EPA’s intent was to allow and monitoring requirements for several data collected in a calendar year this flexibility as evidenced by the radionuclides (56 FR 33050, July 18, (§ 141.152(b)). Specifically regarding discussion in the preamble (67 FR 1820, 1991). However, the preamble of the turbidity, the CCR requires reporting of January 14, 2002) which states ‘‘EPA December 2000 final rule states that ‘‘the highest single measurement and agrees that systems and States should be EPA would ‘‘propose a detection limit the lowest monthly percentage of allowed the opportunity to use more for uranium in a future rulemaking samples meeting the turbidity limits representative samples, and today’s before the compliance date of this rule’’ specified in § 141.73 or § 141.173 or final rule affords States the opportunity (65 FR 76724). Commenters on this § 141.551 for the filtration technology to allow more representative data for issue stated that EPA should be being used.’’ See § 141.153(d)(4)(v)(C). optional monitoring and profiling.’’ In consistent with other regulated Shifting the compliance date of the addition, States are required in radionuclides and set a detection limit LT1ESWTR to January 1, 2005, allows § 142.16(j)(2)(i) to describe as part of for uranium that is consistent with the systems to report only one specified their primacy applications how they sensitivity measures used for other turbidity limit for calendar year 2005 will ‘‘approve a more representative radionuclides (65 FR 76724). (versus two under the current data set for optional TTHM and HAA5 In today’s action, EPA is proposing to compliance date) thus easing monitoring.’’ Section 142.16(j) is being amend Table B at § 141.25(c)(1) to add implementation and readability of the redesignated as § 142.16(p), see a detection limit of 1 µg/L for uranium. CCR. discussion in II.D, please refer to the EPA is proposing the detection limit as In general, regulations promulgated rule as promulgated, 67 FR 1820, 1 µg/L because it is achievable by all under the Safe Drinking Water Act January 14, 2002. EPA would not have current and proposed methods, within (SDWA) are implemented 3 years after required States to describe their the capability of a substantial majority the date of promulgation. Section procedure if EPA did not also intend to of laboratories, and well below the MCL 1412(b)(10) directs EPA to make allow a more representative data set for of 30 µg/L. Establishing a uranium national primary drinking water optional TTHM and HAA5 monitoring. detection limit permits States the regulations ‘‘take effect on the date that While EPA’s intent was to allow this flexibility to substantially reduce the is 3 years after the date on which the flexibility, EPA failed to make this number of compliance samples and the regulation is promulgated unless the flexibility explicit in the regulation. frequency of repeat monitoring for Administrator determines that an earlier Therefore, EPA is proposing to correct uranium. For systems with initial date is practicable. * * *’’ For the § 141.531 to explicitly allow States to monitoring results below detection for reasons stated earlier, EPA is proposing approve a more representative TTHM two quarters, repeat monitoring would to move this date 2 weeks earlier than and HAA5 data set by adding the be reduced to a nine-year frequency. the 3 year time frame. EPA believes it sentence ‘‘Your State may approve a Accordingly, EPA believes that a 1 µg/ is practicable for PWSs to meet this more representative TTHM and HAA5 L detection limit serves two purposes: It earlier date. For the combined filter data set to determine these levels.’’ assures a reliable measurement effluent requirements, systems will not technique is used and allows systems need to install any new equipment B. Detection Limit for Compliance with a fraction, i.e. less than one- because systems are already monitoring Monitoring of Uranium thirtieth of the MCL, to reduce their their combined filter effluent. For the EPA is proposing to specify a monitoring frequency. EPA requests that individual filter effluent requirements, detection limit for compliance commenters suggesting any other systems will need to install new determinations of uranium in drinking detection limit provide any available equipment—turbidimeters, but they are water at one microgram per liter (1 µg/ research, testing results, data, or other readily available. In addition, EPA L) to ease the monitoring burden on information that supports an alternative considered the benefits of moving the public water systems. This amendment approach. compliance date to January 1, 2005, in is needed for systems to take advantage concluding that this two week shift in of the initial monitoring and repeat C. Radionuclide Rule Clarifications the date is practicable. EPA is also monitoring waiver provisions at In addition to proposing a detection changing the date in the public § 141.26(a)(3)(i). For gross alpha, limit for uranium, EPA proposes to notification rule, subpart Q Appendix B, radium-226, radium-228 or uranium, make two clarifications to the final endnote 8—to be consistent with the these provisions provide the flexibility Radionuclide Rule (December 7, 2000, new compliance date of the LT1SWTR. for the State to waive the final two 65 FR 76708). In § 141.26(b)(2)(iv), EPA By changing § 141.502, the following 12 quarters of initial monitoring at a proposes to add ‘‘screening level’’ to the requirements will have a compliance sampling point if the results of the first sentence. (Note also, that the deadline of January 1, 2005: §§ 141.520, samples from the previous two quarters second ‘‘beta’’ in this sentence is a 141.521, 141.522, 141.550, 141.551, are below the detection limit for a typographical error, and under today’s 141.552, 141.553, 141.560, 141.561, radionuclide. Also, the repeat rule would be removed.) With these 141.562, 141.563, and 141.564. July 1, monitoring frequency will decrease to revisions, the sentence will read, ‘‘If the 2003 (or January 1, 2004, for systems once every 9 years for entry points gross beta particle activity minus the serving fewer than 500 persons), which are below detection. naturally occurring potassium-40 beta remains the compliance date for The December 7, 2000, final particle activity at a sampling point has §§ 141.530–536. March 15, 2002, Radionuclides Rule (65 FR 76708) a running annual average (computed remains the compliance date for included a detection limit for gross quarterly) less than or equal to 15 pCi/ §§ 141.511. alpha, radium-226 and radium-228, and L (screening level), the State may reduce In addition to changing the reserved a place for a uranium detection the frequency of monitoring at that compliance date, EPA is proposing to limit in Table B at § 141.25(c)(1). EPA sampling point to every 3 years.’’ This add a sentence to § 141.531 to clarify did not specify a detection limit in the clarifies that the 15 pCi/L is a screening

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level for systems just as 50 pCi/L is a In § 141.551(a)(2), EPA proposes to to the compliance requirements in screening level for systems in add a ‘‘t’’ to the ‘‘no’’ in ‘‘A value § 141.133(a)(3). EPA proposes to correct § 141.26(b)(1)(i) (see 65 FR 76726). determined by the State (no to exceed 1 this. The language in § 141.133(a)(3) These are the same two numerical NTU) * * * ’’ In § 141.551(b)(2), EPA would now read ‘‘If, during the first year screening levels that were in effect for proposes to add the word ‘‘Filtration’’ to of monitoring under § 141.132, any many years in the 1976 rule; EPA the phrase ‘‘All other ‘‘Alternative’’ individual quarter’s average will cause intended to retain them. Similarly, EPA which will match related language in the running annual average of that proposes to clarify in 141.26(b)(5), that § 141.551(a)(2). system to exceed the MCL for total there are two screening levels by adding In the table in § 141.563(b), the last trihalomethanes, haloacetic acids (five), the word ‘‘appropriate’’ to the first sentence in the second column is or bromate; or the MRDL for chlorine or sentence so that it reads ‘‘...exceeds the redundant. The last sentence reads: ‘‘If chloramine, the system is out of appropriate screening level...’’. a self-assessment is required, the date compliance at the end of that quarter.’’ In § 141.26(b)(6), EPA proposes to that it was triggered and the date that it The burden for this requirement was revise the citation ‘‘(b)(1)(ii)’’ to read was completed.’’ EPA proposes to delete already accounted for in the approved ‘‘(b)(1)(i)’’, and revise citation ‘‘(b)(2)(i)’’ this sentence. This sentence is properly Information Collection Request No. to read ‘‘(b)(2)(iv).’’ These were included in the description of reporting 1895.02. typographical errors and should have requirements in the table in Also, in the final Stage 1 Disinfectants been (b)(1)(i) and (b)(2)(iv) which refer § 141.570(b)(3) but should not be and Disinfection Byproducts Rule, EPA to meeting the screening level included in the regulation describing a incorrectly cited in § 142.14(d)(12)(iv) requirements until the system meets the follow-up action that a system must take and 142.14(d)(13) a reference to requirements for reduced monitoring. if it exceeds a turbidity limit. Also in 142.16(f). The reference for both the same table in § 141.563(c), the first sections should be § 142.16(h)(2) and D. LT1ESWTR Clarifications column contains a typographical error. § 142.16(h)(5) respectively. Section In addition to changing the date in The acronym ‘‘BTU’’ should read 142.16 (f)(2) refers to reports required § 141.502 to reduce monitoring burden ‘‘NTU’’ (Nephelometric Turbidity under the Consumer Confidence Report as well as to allow States to approve Units). Rule; however, §§ 142.14(d)(12)(iv) and alternative data sets for optional In the table in § 141.570(b)(2) there is 142.14(d)(13) clearly intend to refer the monitoring in § 141.531, EPA is an omission. EPA is proposing to add reader to requirements concerning proposing to clarify typographical errors the phrase: ‘‘and the cause (if known) disinfectants and disinfectant in the final LT1ESWTR. In subpart Q for the exceedance(s)’’ to the description byproducts. Appendix B, in endnotes 4 and 8, the of information to report under year of publication for the Long Term 1 § 141.570(b)(2). As a result, the entire F. Surface Water Treatment Rule Enhanced Surface Water Treatment Rule paragraph would read: ‘‘The filter The Surface Water Treatment Rule is incorrectly identified as 2001 when it number(s), corresponding date(s), and (SWTR) was promulgated on June 29, should be 2002. Also in endnote 4, the the turbidity value(s) which exceeded 1989 (54 FR 27486). In that final rule, word ‘‘monthly’’ is misspelled. 1.0 NTU during the month, and the EPA incorrectly cited in In § 141.530 EPA is proposing to cause (if known) for the exceedance(s), § 141.74(b)(4)(ii) a reference to remove the grammatically incorrect, but only if 2 consecutive measurements § 142.72(a). This citation should read plural ‘‘s’’ from ‘‘systems’’ in the exceeded 1.0 NTU.’’ This will make the § 141.72(a), which refers to disinfection sentence ‘‘If you are a subpart H wording in the table at 141.570(b)(2) requirements for public water systems community or non-transient non- consistent with 141.563(a). rather than requirements for tribal community water systems which serves In the LT1ESWTR, EPA placed the eligibility (§ 142.72(a)). fewer * * * ’’ special primacy requirements for States Also, EPA is proposing to clarify Section 141.534 has two in § 142.16 (j), however that paragraph requirements concerning the calibration typographical errors. In the introductory designation was already reserved for a of turbidimeters in §§ 141.174(a) paragraph for § 141.534, EPA previously promulgated (though not yet (IESWTR) and in 141.560(b) inadvertently omitted a reference to effective) drinking water rule (66 FR (LT1ESWTR) by adding the phrase § 141.74(b)(3)(v), which provides tables 6976, January 22, 2001). This action already used in § 141.74(a)(1), ‘‘using for determining the appropriate CT99.9 proposes to redesignate the LT1ESWTR analytical test procedures contained in value to calculate the inactivation ratio. special primacy text as § 142.16(p). In Technical Notes on Drinking Water These tables for CT99.9 are referred to addition, EPA proposes to revise a Methods, EPA–600/R–94–173, October in other drinking water regulations (for citation in 142.(p)(2)(ii) to ‘‘141.536’’ to 1994.’’ Section 141.174(a) would now example, see the IESWTR, read ‘‘141.535.’’ This was a end, ‘‘must calibrate turbidimeters using § 141.172(b)(2)). EPA proposes to typographical error and should have the procedure specified by the change the introductory paragraph of been ‘‘141.535’’ which refers to manufacturer and by using analytical § 141.534 to: ‘‘Use the tables in calculating inactivation. test procedures contained in Technical § 141.74(b)(3)(v) to determine the Notes on Drinking Water Methods, EPA– appropriate CT99.9 value. Calculate the E. Stage 1 Disinfectants and Disinfection 600/R–94–173, October 1994.’’ Section total inactivation ratio as follows, and Byproducts Rule 141.560(b) would have equivalent multiply the value by 3.0 to determine The Stage 1 Disinfectants and language so that it now ends, ‘‘must log inactivation of Giardia lamblia:’’ Disinfection Byproducts Rule was calibrate turbidimeters using the In the table in § 141.534(a)(2), EPA promulgated on December 16, 1998 (63 procedure specified by the manufacturer proposes to change the ‘‘3’’ to ‘‘Σ’’ in the FR 69390). This rule required systems to and by using analytical test procedures CT calculation formula. EPA measure and report, among other things, contained in Technical Notes on inadvertently changed the ‘‘Σ’’ to a ‘‘3’’ violations of maximum residual Drinking Water Methods, EPA–600/R– during a text file conversion. This disinfectant levels (MRDLs), see 94–173, October 1994.’’ clarification will assure consistency 141.134(c)(1)(iv) (see 63 FR 69422 and EPA proposes to change all citations with the IESWTR, see 69472). However, EPA failed to add to § 141.74(a)(3) or (4) to § 141.74(a)(1), § 141.172(b)(4)(i)(B). compliance with the applicable MRDL and all citations to § 141.74(a)(5) to

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§ 141.74(a)(2). The SWTR, as published December 5, 1994 (59 FR 62470), EPA (June 29, 1995, 60 FR 34086). As a result in 1989, had paragraphs § 141.74(a)(3)– revised the SWTR at § 141.74. In that of these two notices (1994 and 1995) the (7). The original (a)(3) described HPC rule, EPA revised paragraphs (a)(1) and requirements in (a)(1)–(7) were all methods, (a)(4) described turbidity (2) and removed paragraphs (a)(3) combined into paragraphs (a)(1) and methods, (a)(5) described residual through (a)(7). EPA subsequently (a)(2), however; EPA failed to make disinfectant concentration methods, modified § 141.74(a)(1) by moving the corresponding changes to the following (a)(6) described temperature methods, temperature method listed in the table cross references elsewhere in part 141: and (a)(7) described pH methods. On § 141.74(a)(1) to the text of § 141.74(a)(1)

TABLE 1.—REFERENCES TO THE SURFACE WATER TREATMENT RULE

SWTR provisions with incorrect cross references Proposed amendment

141.71(a)(2) ...... ‘‘(a)(4)’’ to (a)(1) 141.71(c)(2)(i) ...... ‘‘(a)(4)’’ to (a)(1) 141.72(a)(3) ...... ‘‘(a)(5)’’ to (a)(2) 141.72(a)(4)(i) ...... ‘‘(a)(3)’’ to (a)(1) and ‘‘(a)(5)’’ to (a)(2) 141.72(a)(4)(ii) ...... ‘‘(a)(3)’’ to (a)(1) 141.72(b)(2) ...... ‘‘(a)(5)’’ to (a)(2) 141.72(b)(3)(i) ...... ‘‘(a)(5)’’ to (a)(2) and, ‘‘(a)(3)’’ to (a)(1) 141.72(b)(3)(ii) ...... ‘‘(a)(3)’’ to (a)(1) 141.73(a)(1) ...... ‘‘(a)(4)’’ to (a)(1) 141.73(a)(2) ...... ‘‘(a)(4)’’ to (a)(1) 141.73(b)(1) ...... ‘‘(a)(4)’’ to (a)(1) 141.73(b)(2) ...... ‘‘(a)(4)’’ to (a)(1) 141.73(c)(1) ...... ‘‘(a)(4)’’ to (a)(1) 141.73(c)(2) ...... ‘‘(a)(4)’’ to (a)(1) 141.74(b)(6)(ii) ...... ‘‘(a)(3)’’ to (a)(1) 141.74(c)(3)(i) ...... ‘‘(a)(3)’’ to (a)(1) 141.74(c)(3)(ii) ...... ‘‘(a)(3)’’ to (a)(1) 141.75(a)(2)(viii)(G) ...... ‘‘(a)(3)’’ to (a)(1) 141.75(b)(2)(iii)(G) ...... ‘‘(a)(3)’’ to (a)(1)

G. Filter Backwash Recycling Rule an integral part of the treatment Regulations in 2001. However, there are technique itself and thus do trigger PN. remaining references to the data The Filter Backwash Recycling Rule EPA is clarifying this by making the collected as a result of the ICR in other (FBRR) was promulgated on June 8, following changes to the PN rule: sections of part 141 that refer to 2001 (66 FR 31086). EPA inadvertently striking the reference to reporting ‘‘subpart M’’. EPA proposes to delete, provided incomplete citations in violations in Appendix A, endnote 1, ‘‘or subpart M of this part’’ from subpart Q, Appendix A of the Public and explicitly adding §§ 141.76(b), (c) § 141.132(a)(5). EPA is not proposing to Notification rule for the FBRR and (d) to the list of categories requiring delete or revise the other references to violations. In entry I.A.(8) of 40 CFR reporting in Appendix A (current subpart M because the data collected part 141, subpart Q, Appendix A, EPA references are just to § 141.76). These under the ICR are still being used. is proposing to add a ‘‘(c)’’ to the ‘‘MCL/ changes will harmonize the two rules/ MRDL/TT violations Citation’’ column preambles and help to clarify where the J. Phase V Rule of § 141.76; and, in the ‘‘Monitoring & FBRR recordkeeping and reporting In the final Phase V Rule (July 17, testing procedure violations Citation’’ requirements fit under the list of 1992, 57 FR 31776), EPA published a column EPA is proposing to add ‘‘(b), categories in § 141.201 Table 1. list of Best Available Technologies (d)’’ to § 141.76. This will clarify which H. Bottled Water (BATs) for cyanide, see § 141.62(c). FBRR violations require public notice Subsequently, EPA identified the need and what type of notice is required. In a November 1995 final rule (60 FR 57132), the Food and Drug for a rule revision relating to one of the The FBRR preamble (66 FR 31086, Administration (FDA) moved their three BATs for cyanide, specifically 31094) explicitly states that violations of standards of quality for bottled water chlorine. EPA should have been more the recordkeeping and reporting from § 103.35 (21 CFR 103.35) to specific (see 57 FR 31089 of the final portions of this treatment technique § 165.110. EPA proposes to correct a rule and 55 FR 30419 of the proposed trigger public notification (PN) reference in our regulations in rule (July 25, 1990, 55 FR 30370)) as to obligations under 40 CFR part 141, § 142.62(g)(2) to this updated citation of the type of chlorination and instead subpart Q. Normally, recordkeeping and these FDA regulations. listed ‘‘alkaline chlorination.’’ EPA reporting violations do not trigger PN. discussed this issue in a public The preamble to the PN rule, as well as I. Information Collection Rule memorandum, ‘‘Public Water System the rule text, state that reporting and The Information Collection Rule (ICR) Warning’’ Memo, March 7, 1994. EPA recordkeeping violations do not trigger was promulgated on May 14, 1996 (61 also listed ‘‘alkaline chlorination’’ rather PN. For example, see § 141, subpart Q, FR 24354). The requirements than chlorination in the Small System Appendix A, Endnote 1. Moreover, the promulgated in the ICR expired on Compliance Technology List for the table listing categories of violations that December 31, 2000. As a result, the ICR Non-microbial Contaminants Regulated trigger PN—§ 141.201 Table 1—does not requirements (referred to as subpart M— Before 1996, see August 6, 1998, 63 FR list reporting or recordkeeping. Information Collection Requirements 42039, Table 4 and 5. EPA proposes to However, the recordkeeping and (ICRs) for Public Water Systems) were delete the ‘‘10’’ (code for chlorination) reporting requirements of the FBRR are removed from the Code of Federal from the cyanide BAT list and replace

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it with ‘‘13’’ (new code for alkaline complete and review the collection of disinfection profiling provides chlorination). In addition, the new code information; and transmit or otherwise flexibility for PWSs complying with for alkaline chlorination is added to the disclose the information. LT1ESWTR. The earlier compliance table key. An agency may not conduct or date will not increase the cost of sponsor, and a person is not required to complying with LT1ESWTR since the III. Statutory and Executive Order respond to a collection of information monitoring and reporting requirements Reviews unless it displays a currently valid OMB are unchanged. By specifying the A. Executive Order 12866: Regulatory control number. detection limit for uranium, States have Planning and Review The OMB control numbers for EPA’s the flexibility to waive some monitoring regulations in 40 CFR are listed in 40 for PWSs with samples below the Under Executive Order 12866, (58 FR CFR part 9. detection limit. This action does not add 51735 (October 4, 1993)) the Agency C. Regulatory Flexibility Act new requirements. must determine whether the regulatory After considering the economic action is ‘‘significant’’ and therefore The Regulatory Flexibility Act (RFA) impacts of today’s proposed rule on subject to OMB review. The Order generally requires an agency to prepare small entities, I certify that this action defines ‘‘significant regulatory action’’ a regulatory flexibility analysis of any will not have a significant economic as one that is likely to result in a rule rule subject to notice and comment impact on a substantial number of small that may: rulemaking requirements under the entities. (1) Have an annual effect on the Administrative Procedure Act or any economy of $100 million or more or other statute unless the agency certifies D. Unfunded Mandates Reform Act adversely affect in a material way the that the rule will not have a significant Title II of the Unfunded Mandates economy, a sector of the economy, economic impact on a substantial Reform Act of 1995 (UMRA), Public productivity, competition, jobs, the number of small entities. Small entities Law 104–4, establishes requirements for environment, public health or safety, or include small businesses, small Federal agencies to assess the effects of State, local, or tribal governments or organizations, and small government their regulatory actions on State, local, communities; jurisdictions. and tribal governments and the private (2) Create a serious inconsistency or The RFA provides default definitions sector. Under section 202 of the UMRA, otherwise interfere with an action taken for each type of small entity. It also EPA generally must prepare a written or planned by another agency; authorizes an agency to use alternative statement, including a cost-benefit (3) Materially alter the budgetary definitions for each category of small analysis, for proposed and final rules impact of entitlements, grants, user fees, entity, ‘‘which are appropriate to the with ‘‘Federal mandates’’ that may or loan programs or the rights and activities of the agency’’ after proposing result in expenditures to State, local, obligations of recipients thereof; or the alternative definition(s) in the and Tribal governments, in the (4) Raise novel legal or policy issues Federal Register and taking comment. 5 aggregate, or to the private sector, of arising out of legal mandates, the U.S.C. 601(3)–(5). In addition to the $100 million or more in any one year. President’s priorities, or the principles above, to establish an alternative small Before promulgating an EPA rule for set forth in the Executive Order. business definition, agencies must which a written statement is needed, It has been determined that this consult with the Small Business section 205 of the UMRA generally proposed rule is not a ‘‘significant Administration’s (SBA’s) Chief Counsel requires EPA to identify and consider a regulatory action’’ under the terms of for Advocacy. reasonable number of regulatory Executive Order 12866 and is therefore For purposes of assessing the impacts alternatives and adopt the least costly, not subject to Executive Order 12866. of today’s proposed rule on small most cost-effective or least burdensome entities, EPA considered small entities alternative that achieves the objectives B. Paperwork Reduction Act to be public water systems serving of the rule. The provisions of section This action does not impose an 10,000 or fewer persons. This is the cut- 205 do not apply when they are information collection burden under the off level specified by Congress in the inconsistent with applicable law. provisions of the Paperwork Reduction 1996 Amendments to the Safe Drinking Moreover, section 205 allows EPA to Act, 44 U.S.C. 3501 et seq. This action Water Act for small system flexibility adopt an alternative other than the least modifies and clarifies existing provisions. In accordance with the RFA costly, most cost-effective or least regulations. It does not add monitoring, requirements, EPA proposed using this burdensome alternative if the recordkeeping or reporting alternative definition in the Federal Administrator publishes with the final requirements. Register (63 FR 7620, February 13, rule an explanation why that alternative Burden means the total time, effort, or 1998), requested public comment, was not adopted. Before EPA establishes financial resources expended by persons consulted with the Small Business any regulatory requirements that may to generate, maintain, retain, or disclose Administration (SBA), and expressed its significantly or uniquely affect small or provide information to or for a intention to use the alternative governments, including tribal Federal agency. This includes the time definition for all future drinking water governments, it must have developed needed to review instructions; develop, regulations in the Consumer Confidence under section 203 of the UMRA a small acquire, install, and utilize technology Reports regulation (63 FR 44511, August government agency plan. The plan must and systems for the purposes of 19, 1998). As stated in that final rule, provide for notifying potentially collecting, validating, and verifying the alternative definition would be affected small governments, enabling information, processing and applied to this proposed regulation as officials of affected small governments maintaining information, and disclosing well. to have meaningful and timely input in and providing information; adjust the This proposed rule imposes no cost the development of EPA regulatory existing ways to comply with any on any entities over and above those proposals with significant Federal previously applicable instructions and imposed by previously published intergovernmental mandates, and requirements; train personnel to be able drinking water rules. This action informing, educating, and advising to respond to a collection of corrects and clarifies existing small governments on compliance with information; search data sources; regulations. The optional monitoring for the regulatory requirements.

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Today’s proposed rule contains no cost of complying with LT1ESWTR environmental health or safety risk that Federal mandates (under the regulatory since the monitoring and reporting EPA has reason to believe may have a provisions of Title II of the UMRA) for requirements are unchanged. By disproportionate effect on children. If State, local, or tribal governments or the specifying the detection limit for the regulatory action meets both criteria, private sector. This proposed rule uranium, States have the flexibility to the Agency must evaluate the imposes no enforceable duty on any waive some monitoring for PWSs with environmental health or safety effects of State, local or tribal governments or the samples below the detection limit. the planned rule on children, and private sector. This action corrects and Thus, Executive Order 13132 does not explain why the planned regulation is clarifies existing regulations. The apply to this proposed rule. In the spirit preferable to other potentially effective optional monitoring for disinfection of Executive Order 13132, and and reasonably feasible alternatives profiling provides flexibility for PWSs consistent with EPA policy to promote considered by the Agency. to comply with LT1ESWTR. The earlier communications between EPA and State This proposed rule is not subject to compliance date will not increase the and local governments, EPA specifically Executive Order 13045 because it is not cost of complying with LT1ESWTR solicits comment on this proposed rule economically significant as defined in since the monitoring and reporting from State and local officials. Executive Order 12866. Further, it does requirements are unchanged. By F. Executive Order 13175: Consultation specifying the detection limit for not concern an environmental health or and Coordination With Indian Tribal uranium, States have the flexibility to safety risk that EPA has reason to Governments waive some monitoring for PWSs with believe may have a disproportionate samples below the detection limit. Executive Order 13175, entitled effect on children. Thus, today’s proposed rule is not ‘‘Consultation and Coordination with H. Executive Order 13211: Actions That subject to the requirements of sections Indian Tribal Governments’’ (65 FR Significantly Affect Energy Supply, 202 and 205 of the UMRA. 67249, November 9, 2000), requires EPA Distribution, or Use EPA has determined that this to develop an accountable process to proposed rule contains no regulatory ensure ‘‘meaningful and timely input by This proposed rule is not subject to requirements that might significantly or tribal officials in the development of Executive Order 13211, ‘‘Actions uniquely affect small governments. This regulatory policies that have tribal Concerning Regulations That proposed rule imposes no enforceable implications.’’ ‘‘Policies that have tribal Significantly Affect Energy Supply, duty on any State, local or tribal implications’’ is defined in the Distribution, or Use’’ (66 FR 28355 (May governments or the private sector. This Executive Order to include regulations 22, 2001)) because it is not a significant action corrects and clarifies existing that have ‘‘substantial direct effects on regulatory action under Executive Order regulations. Thus, today’s proposed rule one or more Indian tribes, on the 12866. is not subject to the requirements of relationship between the Federal section 203 of the UMRA. government and the Indian tribes, or on I. National Technology Transfer and the distribution of power and Advancement Act E. Executive Order 13132: Federalism responsibilities between the Federal Section 12(d) of the National Executive Order 13132, entitled government and Indian tribes.’’ ‘‘Federalism’’ (64 FR 43255, August 10, This proposed rule does not have Technology Transfer and Advancement 1999), requires EPA to develop an tribal implications. It will not have Act of 1995 (‘‘NTTAA’’), Public Law accountable process to ensure substantial direct effects on tribal 104–113, 12(d) (15 U.S.C. 272 note) ‘‘meaningful and timely input by State governments, on the relationship directs EPA to use voluntary consensus and local officials in the development of between the Federal government and standards in its regulatory activities regulatory policies that have federalism Indian tribes, or on the distribution of unless to do so would be inconsistent implications.’’ ‘‘Policies that have power and responsibilities between the with applicable law or otherwise federalism implications’’ is defined in Federal government and Indian tribes, impractical. Voluntary consensus the Executive Order to include as specified in Executive Order 13175. standards are technical standards (e.g., regulations that have ‘‘substantial direct There is no cost to tribal governments, materials specifications, test methods, effects on the States, on the relationship and the proposed rule does not preempt sampling procedures, and business between the national government and tribal law. This action corrects and practices) that are developed or adopted the States, or on the distribution of clarifies existing regulations. Thus, by voluntary consensus standards power and responsibilities among the Executive Order 13175 does not apply bodies. The NTTAA directs EPA to various levels of government.’’ to this rule. In the spirit of Executive provide Congress, through OMB, This proposed rule does not have Order 13175, and consistent with EPA explanations when the Agency decides federalism implications. It will not have policy to promote communications not to use available and applicable substantial direct effects on the States, between EPA and tribal governments, voluntary consensus standards. on the relationship between the national EPA specifically solicits additional This proposed rulemaking does not government and the States, or on the comment on this proposed rule from involve any new technical standards. distribution of power and tribal officials. Therefore, EPA is not considering the responsibilities among the various use of any voluntary consensus levels of government, as specified in G. Executive Order 13045: Protection of standards. Executive Order 13132. There is no cost Children From Environmental Health & to State and local governments, and the Safety Risks List of Subjects proposed rule does not preempt State Executive Order 13045: ‘‘Protection of 40 CFR Part 141 law. This action corrects and clarifies Children from Environmental Health existing regulations. The optional Risks and Safety Risks’’ (62 FR 19885, Chemicals, Environmental protection, monitoring for disinfection profiling April 23, 1997) applies to any rule that: Indians-lands, Intergovernmental provides flexibility for PWSs to comply (1) Is determined to be ‘‘economically relations, Radiation protection, with LT1ESWTR. The earlier significant’’ as defined under Executive Reporting and recordkeeping compliance date will not increase the Order 12866, and (2) concerns an requirements, Water supply.

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40 CFR Part 142 the formula in § 141.66(d)(2), or Table E e. In paragraph (c)(1) revise the Administrative practice and in § 141.66(d). Doses must also be citation ‘‘§ 141.74(a)(4)’’ to read procedure, Chemicals, Indians-lands, calculated and combined for measured ‘‘§ 141.74(a)(1)’’; and f. In paragraph (c)(2) revise the Radiation protection, Reporting and levels of tritium and strontium to citation ‘‘§ 141.74(a)(4)’’ to read recordkeeping requirements, Water determine compliance. ‘‘§ 141.74(a)(1)’’. supply. * * * * * Dated: February 24, 2004. § 141.62 [Amended] § 141.74 [Amended] Michael O. Leavitt, 4. Section 141.62(c) is amended as 8. Section 141.74 is amended as Administrator. follows: follows: a. In paragraph (b)(4)(ii) revise the For the reasons set out in the a. In the Table ‘‘BAT for inorganic citation ‘‘§ 142.72(a)’’ to read preamble, title 40, chapter I of the Code compounds listed in section 141.62(b)’’ ‘‘§ 141.72(a)’’; of Federal Regulations is proposed to be amend the entry for ‘‘cyanide’’ by b. In paragraph (b)(6)(ii) revise the amended as follows: replacing the ‘‘10’’ with ‘‘13’’; and citation ‘‘(a)(3)’’ to read ‘‘(a)(1)’’; b. In the list ‘‘Key to BATS in Table c. In paragraph (c)(3)(i) revise the PART 141—NATIONAL PRIMARY 1’’, add to the end of the list as follows: citation ‘‘(a)(3)’’ to read ‘‘(a)(1)’’; and DRINKING WATER REGULATIONS ‘‘13 = Alkaline Chlorination (pH ≥ 8.5)’’. d. In paragraph (c)(3)(ii) revise the 1. The authority citation for part 141 § 141.71 [Amended] citation ‘‘(a)(3)’’ to read ‘‘(a)(1)’’. continues to read as follows: 5. Section 141.71 is amended as § 141.75 Amended Authority: 42 U.S.C. 300f, 300g–1, 300g–2, follows: 9. Section 141.75 is amended as 300g–3, 300g–4, 300g–5, 300g–6, 300j–4, a. In paragraph (a)(2) introductory text follows: 300j–9, and 300j–11. revise the citation ‘‘§ 141.74(a)(4)’’ to a. In paragraph (a)(2)(viii)(G) revise § 141.25 [Amended] read ‘‘§ 141.74(a)(1)’’; and the citation ‘‘§ 141.74(a)(3)’’ to read b. In paragraph (c)(2)(i) revise the ‘‘§ 141.74(a)(1)’’; and 2. Section 141.25(c)(1) is amended in citation ‘‘§ 141.74(a)(4)’’ to read b. In paragraph (b)(2)(iii)(G) revise the the entry for uranium in Table B by ‘‘§ 141.74(a)(1)’’. citation ‘‘§ 141.74(a)(3)’’ to read revising the word ‘‘reserved’’ to read ‘‘1 ‘‘§ 141.74(a)(1)’’. µg/L’’. § 141.72 [Amended] 10. Section 141.132 is amended in § 141.26 [Amended] 6. Section 141.72 is amended as paragraph (a)(5) by removing the follows: reference to ‘‘or subpart M of this part’’. 3. Section 141.26 is amended as a. In paragraph (a)(3) revise the 11. In § 141.133 revise paragraph follows: (a)(3) to read as follows: a. Revise paragraph (b)(2)(iv) and citation ‘‘§ 141.74(a)(5)’’ to read (b)(5); and ‘‘§ 141.74(a)(2)’’; § 141.133 Compliance requirements. b. In paragraph (b)(6) revise the b. In paragraph (a)(4)(i) revise the (a) * * * citation ‘‘(b)(1)(ii)’’ to read ‘‘(b)(1)(i)’’ citation ‘‘§ 141.74(a)(5)’’ to read (3) If, during the first year of and revise the citation ‘‘(b)(2)(i)’’ to read ‘‘§ 141.74(a)(2)’’ and revise the citation monitoring under § 141.132, any ‘‘(b)(2)(iv)’’ as follows: ‘‘§ 141.74(a)(3)’’ to read ‘‘§ 141.74(a)(1)’’; individual quarter’s average will cause c. In paragraph (a)(4)(ii) revise the the running annual average of that § 141.26 Monitoring frequency and citation ‘‘§ 141.74(a)(3)’’ to read system to exceed the MCL for total compliance requirements for radionuclides ‘‘§ 141.74(a)(1)’’; in community water systems. trihalomethanes, haloacetic acids (five), d. In paragraph (b)(2) revise the or bromate; or the MRDL for chlorine or * * * * * citation ‘‘§ 141.74(a)(5)’’ to read chloramine, the system is out of (b) * * * ‘‘§ 141.74(a)(2)’’; compliance at the end of that quarter. (2) * * * e. In paragraph (b)(3)(i) revise the * * * * * (iv) If the gross beta particle activity citation ‘‘§ 141.74(a)(5)’’ to read 12. In § 141.174 revise the first minus the naturally occurring ‘‘§ 141.74(a)(2)’’, and revise the citation sentence of paragraph (a) to read as potassium–40 beta particle activity at a ‘‘§ 141.74(a)(3)’’ to read ‘‘§ 141.74(a)(1)’’; follows: sampling point has a running annual and average (computed quarterly) less than f. In paragraph (b)(3)(ii) revise the § 141.174 Filtration sampling or equal to 15 pCi/L (screening level), citation ‘‘§ 141.74(a)(3)’’ to read requirements. the State may reduce the frequency of ‘‘§ 141.74(a)(1)’’. (a) * * * In addition to monitoring monitoring at that sampling point to required by § 141.74, a public water every 3 years. Systems must collect the § 141.73 [Amended] system subject to the requirements of same type of samples required in 7. Section 141.73 is amended as this subpart that provides conventional paragraph (b)(2) of this section during follows: filtration treatment or direct filtration the reduced monitoring period. a. In paragraph (a)(1) revise the must conduct continuous monitoring of * * * * * citation ‘‘§ 141.74(a)(4)’’ to read turbidity for each individual filter using (5) If the gross beta particle activity ‘‘§ 141.74(a)(1)’’; an approved method in § 141.74(a) and minus the naturally occurring b. In paragraph (a)(2) revise the must calibrate turbidimeters using the potassium–40 beta particle activity citation ‘‘§ 141.74(a)(4)’’ to read procedure specified by the manufacturer exceeds the appropriate screening level, ‘‘§ 141.74(a)(1)’’; and by using analytical test procedures an analysis of the sample must be c. In paragraph (b)(1) revise the contained in Technical Notes on performed to identify the major citation ‘‘§ 141.74(a)(4)’’ to read Drinking Water Methods, EPA–600/R– radioactive constituents present in the ‘‘§ 141.74(a)(1)’’; 94–173, October 1994. * * * sample and the appropriate doses must d. In paragraph (b)(2) revise the * * * * * be calculated and summed to determine citation ‘‘§ 141.74(a)(4)’’ to read 13. In subpart Q, Appendix A is compliance with § 141.66(d)(1), using ‘‘§ 141.74(a)(1)’’; amended as follows:

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a. In entry I.A.(8) revise the citation in agency. For systems subject to the Calculate the total inactivation ratio as the third column ‘‘141.76’’ to read LT1ESWTR (systems serving fewer than follows, and multiply the value by 3.0 ‘‘141.76(c)’’ and the citation in the fifth 10,000 people, using surface water or ground to determine log inactivation of Giardia water under the direct influence of surface column ‘‘141.76’’ to read ‘‘141.76 (b), water) that use conventional filtration or lamblia: (d)’’. direct filtration, after January 1, 2005 the * * * * * b. Amend endnote 1 by removing the turbidity level of a system’s combined filter words ‘‘reporting violations and’’ from effluent may not exceed 0.3 NTU in at least § 141.551 [Amended] the first parenthetical phrase. 95 percent of monthly measurements, and 19. Section 141.551 is amended as 14. In subpart Q, Appendix B revise the turbidity level of a system’s combined follows: endnotes 4 and 8 to read as follows: filter effluent must not exceed 1 NTU at any time. Systems subject to the LT1ESWTR a. In paragraph (a)(2) revise ‘‘no’’ to Appendix B to Subpart Q of Part 141— using technologies other than conventional, read ‘‘not’’; and Standard Health Effects Language for direct, slow sand, or diatomaceous earth b. In paragraph (b)(2) revise Public Notification filtration must meet turbidity limits set by the primacy agency. ‘‘’’Alternative‘‘’’ to read ‘‘Alternative * * * * * Filtration’’. 4 There are various regulations that set * * * * * 15. Revise § 141.502 to read as 20. In § 141.560, revise paragraph (b) turbidity standards for different types of to read as follows: systems, including 40 CFR 141.13, and the follows: 1989 Surface Water Treatment Rule, the 1998 § 141.502 When must my system comply § 141.560 Is my system subject to Interim Enhanced Surface Water Treatment with these requirements? individual filter turbidity requirements? Rule and the 2002 Long Term 1 Enhanced Surface Water Treatment Rule. The MCL for You must comply with these * * * * * the monthly turbidity average is 1 NTU; the requirements in this subpart beginning (b) Calibration of turbidimeters must MCL for the 2-day average is 5 NTU for January 1, 2005, except where otherwise be conducted using procedures systems that are required to filter but have noted. specified by the manufacturer and by not yet installed filtration (40 CFR 141.13). 16. In § 141.530 in the second analytical test procedures contained in * * * * * sentence, revise ‘‘water systems’’ to read Technical Notes on Drinking Water 8 There are various regulations that set ‘‘water system’’. Methods, EPA–600/R–94–173, October turbidity standards for different types of 17. Amend § 141.531 by adding the 1994. systems, including 40 CFR 141.13, the 1989 following sentence to the end of the * * * * * Surface Water Treatment Rule (SWTR), the section, to read as follows: 1998 Interim Enhanced Surface Water 141.563 [Amended] Treatment Rule (IESWTR) and the 2002 Long § 141.531 What criteria must a State use to Term 1 Enhanced Surface Water Treatment determine that a profile is unnecessary? 21. Section 141.563 is amended as Rule (LT1ESWTR). For systems subject to the * * * Your State may approve a more follows: IESWTR (systems serving at least 10,000 representative TTHM and HAA5 data people, using surface water or ground water a. In paragraph (b) remove the last under the direct influence of surface water), set to determine these levels. sentence in the second column of the that use conventional filtration or direct 18. Section 141.534 is amended as table, and follows: filtration, after January 1, 2002, the turbidity b. In paragraph (c) revise ‘‘BTU’’ to level of a system’s combined filter effluent a. By revising the introductory paragraph, read ‘‘NTU’’ in the first column of the may not exceed 0.3 NTU in at least 95 table. percent of monthly measurements, and the b. In the table in paragraph (a)(2), turbidity level of a system’s combined filter revise the ‘‘3’’ to read ‘‘S’’. 22. In § 141.570, revise paragraph effluent must not exceed 1 NTU at any time. (b)(2) in the table to read as follows: Systems subject to the IESWTR using § 141.534 How does my system use this technologies other than conventional, direct, data to calculate an inactivation ratio? § 141.570 What does subpart T require that slow sand, or diatomaceous earth filtration Use the tables in § 141.74(b)(3)(v) to my system report to the State? must meet turbidity limits set by the primacy determine the appropriate CT99.9 value. * * * * *

Corresponding requirement Description of information to report Frequency

******* (b) Individual Filter Turbidity Re- quirements (§§ 141.560–141.564). (2) The filter number(s), corresponding date(s), and the turbidity By the 10th of the following month. value(s) which exceeded 1.0 NTU during the month, and the cause (if known) for the exceedance(s), but only if 2 consecutive meas- urements exceeded 1.0 NTU.

*******

PART 142—NATIONAL PRIMARY Authority: 42 U.S.C. 300f, 300g–1, 300g–2, a. In paragraph (d)(12)(iv) revise the DRINKING WATER REGULATIONS 300g–3, 300g–4, 300g–5, 300g–6, 300j–4, citation ‘‘§ 142.16(f)(2)’’ to read IMPLEMENTATION 300j–9, and 300j–11. ‘‘§ 142.16(h)(2)’’; and § 142.14 [Amended] b. In paragraph (d)(13) revise the 23. The authority citation for part 142 citation ‘‘§ 142.16(f)(5)’’ to read continues to read as follows: 24. Section 142.14 is amended as ‘‘§ 142.16(h)(5)’’. follows:

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§ 142.16 [Amended] overnight mail (other than U.S. Postal PART 73—RADIO BROADCAST 25. Section 142.16 is amended as Service Express Mail and Priority Mail) SERVICES follows: must be sent to 9300 East Hampton a. In paragraph (l)(2) revise the Drive, Capitol Heights, MD 20743. U.S. 1. The authority citation for part 73 citation ‘‘§ 142.16 (e)(5)’’ to read Postal Service first-class mail, Express continues to read as follows: ‘‘§ 142.16 (e)(2)’’; Mail, and Priority Mail should be Authority: 47 U.S.C. 154, 303, 334 and 336. b. Redesignate paragraph (j) which addressed to 445 12th Street, SW., § 73.622 [Amended] was added on January 14, 2002, at 67 FR Washington, DC 20554. All filings must 1812 as paragraph (p); and be addressed to the Commission’s 2. Section 73.622(b), the Table of c. In paragraph (p)(2)(ii) revise the Secretary, Office of the Secretary, Digital Television Allotments under citation ‘‘141.536’’ to read ‘‘141.535’’. Federal Communications Commission, Florida is amended by adding 26. Section 142.62(g)(2) is amended Washington, DC 20554. In addition to Apalachicola, DTV channel 3. by revising the citation ‘‘103.35’’ to read filing comments with the FCC, Federal Communications Commission. ‘‘165.110’’. interested parties should serve the Barbara A. Kreisman, [FR Doc. 04–4464 Filed 3–1–04; 8:45 am] petitioner, or its counsel or consultant, Chief, Video Division, Media Bureau. BILLING CODE 6560–50–P as follows: Peter Tannenwald, Irwin, [FR Doc. 04–4619 Filed 3–1–04; 8:45 am] Campbell & Tannenwald, P.C., 1730 BILLING CODE 6712–01–P Rhode Island Avenue, NW., Suite 200, FEDERAL COMMUNICATIONS Washington, DC 20036–3101 (Counsel COMMISSION for Liberty County Educational FEDERAL COMMUNICATIONS Foundation). COMMISSION 47 CFR Part 73 FOR FURTHER INFORMATION CONTACT: Pam 47 CFR Part 73 [DA 04–376, MB Docket No. 04–32, RM– Blumenthal, Media Bureau, (202) 418– 10851] 1600. [DA 04–231; MB Docket No. 04–20; RM– 10842] Digital Television Broadcast Service; SUPPLEMENTARY INFORMATION: This is a Apalachicola, FL synopsis of the Commission’s Notice of Radio Broadcasting Services; Proposed Rule Making, MB Docket No. Cambridge and St. Michaels, MD AGENCY: Federal Communications 04–32, adopted February 12, 2004, and Commission. released February 20, 2004. The full text AGENCY: Federal Communications ACTION: Proposed rule. of this document is available for public Commission. inspection and copying during regular ACTION: Proposed rule. SUMMARY: The Commission requests business hours in the FCC Reference SUMMARY: comments on a petition filed by Liberty Information Center, Portals II, 445 12th This document requests County Educational Foundation Street, SW., Room CY–A257, comments on a petition for rule making proposing the allotment of DTV channel Washington, DC, 20554. This document filed by CWA Broadcasting, Inc., 3 to Apalachicola, Florida, as the may also be purchased from the licensee of Station WINX–FM, Channel community’s first local commercial Commission’s duplicating contractor, 232A, St. Michaels, Maryland. The television service. DTV Channel 3 can Qualex International, Portals II, 445 petition proposes to upgrade Station be allotted to Apalachicola, Florida, at 12th Street, SW., Room CY–B402, WINX–FM from Channel 232A to reference coordinates 29–45–05 N. and Washington, DC, 20554, telephone 202– Channel 232B1 and to reallot Channel 84–52–19 W. 863–2893, facsimile 202–863–2898, or 232B1 from St. Michaels to Cambridge, DATES: Comments must be filed on or via-e-mail [email protected]. Maryland, thus providing Cambridge before April 12, 2004, and reply with its third local aural transmission Provisions of the Regulatory comments on or before April 27, 2004. service. The coordinates for Channel Flexibility Act of 1980 do not apply to 232B1 at Cambridge are 38–29–39 NL ADDRESSES: The Commission permits this proceeding. the electronic filing of all pleadings and and 76–13–21 WL, with a site restriction Members of the public should note comments in proceeding involving of 15.1 kilometers (9.4 miles) southwest that from the time a Notice of Proposed petitions for rule making (except in of Cambridge. Rule Making is issued until the matter broadcast allotment proceedings). See Petitioner’s reallotment proposal is no longer subject to Commission Electronic Filing of Documents in Rule complies with the provisions of Section consideration or court review, all ex Making Proceedings, GC Docket No. 97– 1.420(i) of the Commission’s Rules, and parte contacts are prohibited in 113 (rel. April 6, 1998). Filings by paper therefore, the Commission will not Commission proceedings, such as this can be sent by hand or messenger accept competing expressions of interest one, which involve channel allotments. delivery, by commercial overnight in the use of Channel 232B1 at See 47 CFR 1.1204(b) for rules courier, or by first-class or overnight Cambridge, Maryland, or require the governing permissible ex parte contacts. U.S. Postal Service mail. The petitioner to demonstrate the Commission’s contractor, Natek, Inc., For information regarding proper availability of an additional equivalent will receive hand-delivered or filing procedures for comments, see 47 class channel. messenger-delivered paper filings for CFR 1.415 and 1.420. DATES: Comments must be filed on or the Commission’s Secretary at 236 List of Subjects in 47 CFR Part 73 before April 5, 2004, and reply Massachusetts Avenue, NE., Suite 110, comments on or before April 20, 2004. Washington, DC 20002. The filing hours Digital television broadcasting, ADDRESSES: Secretary, Federal at this location are 8 a.m. to 7 p.m. All Television. Communications Commission, 445 12th hand deliveries must be held together For the reasons discussed in the Street, SW., Room TW–A325, with rubber bands or fasteners. Any preamble, the Federal Communications Washington, DC 20554. In addition to envelopes must be disposed of before Commission proposes to amend 47 CFR filing comments with the FCC, entering the building. Commercial Part 73 as follows: interested parties should serve the

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petitioners’ counsel, as follows: Barry A. by adding Channel 232B1 at Cambridge entering the building. Commercial Friedman, Esq., Thompson Hine LLP; and by removing St. Michaels, Channel overnight mail (other than U.S. Postal 1920 N Street, NW., Suite 800; 232A. Service Express Mail and Priority Mail) Washington, DC 20036. Federal Communications Commission. must be sent to 9300 East Hampton FOR FURTHER INFORMATION CONTACT: R. John A. Karousos, Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class mail, Express Barthen Gorman, Media Bureau, (202) Assistant Chief, Audio Division, Media 418–2180. Bureau. Mail, and Priority Mail should be addressed to 445 12th Street, SW., SUPPLEMENTARY INFORMATION: This is a [FR Doc. 04–4616 Filed 3–1–04; 8:45 am] Washington, DC 20554. All filings must synopsis of the Commission’s Notice of BILLING CODE 6712–01–P Proposed Rule Making, MB Docket No. be addressed to the Commission’s 04–20, adopted February 11, 2004, and Secretary, Office of the Secretary, released February 13, 2004. The full text FEDERAL COMMUNICATIONS Federal Communications Commission, of this Commission decision is available COMMISSION Washington, DC 20554. In addition to for inspection and copying during filing comments with the FCC, regular business hours in the FCC’s 47 CFR Part 73 interested parties should serve the Reference Information Center at Portals petitioner, or its counsel or consultant, [DA 04–375, MB Docket No. 04–31, RM– as follows: David D. Oxenford, Shaw II, 445 12th Street, SW., CY–A257, 10852] Washington, DC 20554. This document Pittman, 2300 N Street, NW., may also be purchased from the Television Broadcast Service; Washington, DC 20037–1128 (Counsel Commission’s duplicating contractors, Gainesville, FL for Gainesville Channel 61 Associates, Qualex International, Portals II, 445 LLC). AGENCY: Federal Communications 12th Street, SW., Room CY–B402, FOR FURTHER INFORMATION CONTACT: Commission. Pam Washington, DC 20554, telephone 202– Blumenthal, Media Bureau, (202) 418– ACTION: 863–2893, facsimile 202–863–2898, or Proposed rule. 1600. via e-mail [email protected]. The provisions of the Regulatory SUMMARY: The Commission requests SUPPLEMENTARY INFORMATION: This is a Flexibility Act of 1980 do not apply to comments on a petition filed by synopsis of the Commission’s Notice of this proceeding. Gainesville Channel 61 Associates, LLC Proposed Rule Making, MB Docket No. Members of the public should note proposing the substitution of channel 29 04–31, adopted February 12, 2004, and that from the time a Notice of Proposed for channel 61+ at Gainesville, Florida. released February 20, 2004. The full text Rule Making is issued until the matter TV Channel 29 can be allotted to of this document is available for public is no longer subject to Commission Gainesville with a zero offset at inspection and copying during regular consideration or court review, all ex reference coordinates 29–37–47 N. and business hours in the FCC Reference parte contacts are prohibited in 82–34–24 W. Information Center, Portals II, 445 12th Commission proceedings, such as this DATES: Comments must be filed on or Street, SW., Room CY–A257, one, which involve channel allotments. before April 12, 2004, and reply Washington, DC, 20554. This document See 47 CFR 1.1204(b) for rules comments on or before April 27, 2004. may also be purchased from the governing permissible ex parte contacts. ADDRESSES: The Commission permits Commission’s duplicating contractor, For information regarding proper the electronic filing of all pleadings and Qualex International, Portals II, 445 filing procedures for comments, See 47 comments in proceeding involving 12th Street, SW., Room CY–B402, CFR 1.415 and 1.420. petitions for rule making (except in Washington, DC, 20554, telephone 202– List of Subjects in 47 CFR Part 73 broadcast allotment proceedings). See 863–2893, facsimile 202–863–2898, or Electronic Filing of Documents in Rule via-e-mail [email protected]. Radio, Radio broadcasting. Making Proceedings, GC Docket No. 97– Provisions of the Regulatory For the reasons discussed in the 113 (rel. April 6, 1998). Filings by paper Flexibility Act of 1980 do not apply to preamble, the Federal Communications can be sent by hand or messenger this proceeding. Commission proposes to amend 47 CFR delivery, by commercial overnight Members of the public should note Part 73 as follows: courier, or by first-class or overnight that from the time a Notice of Proposed U.S. Postal Service mail. The Rule Making is issued until the matter PART 73—RADIO BROADCAST Commission’s contractor, Natek, Inc., is no longer subject to Commission SERVICES Inc., will receive hand-delivered or consideration or court review, all ex 1. The authority citation for Part 73 messenger-delivered paper filings for parte contacts are prohibited in continues to read as follows: the Commission’s Secretary at 236 Commission proceedings, such as this one, which involve channel allotments. Authority: 47 U.S.C. 154, 303, 334, and Massachusetts Avenue, NE., Suite 110, 336. Washington, DC 20002. The filing hours See 47 CFR 1.1204(b) for rules at this location are 8 a.m. to 7 p.m. All governing permissible ex parte contacts. § 73.202 [Amended] hand deliveries must be held together For information regarding proper 2. Section 73.202(b), the Table of FM with rubber bands or fasteners. Any filing procedures for comments, see 47 Allotments under Maryland, is amended envelopes must be disposed of before CFR 1.415 and 1.420.

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List of Subjects in 47 CFR Part 73 PART 73—RADIO BROADCAST amended by removing channel 61+ and SERVICES adding channel 29 at Gainesville. Television broadcasting. 1. The authority citation for part 73 Federal Communications Commission. For the reasons discussed in the continues to read as follows: Barbara A. Kreisman, preamble, the Federal Communications Chief, Video Division, Media Bureau. Commission proposes to amend 47 CFR Authority: 47 U.S.C. 154, 303, 334 and 336. [FR Doc. 04–4620 Filed 3–1–04; 8:45 am] part 73 as follows: § 73.606 [Amended] BILLING CODE 6712–01–P 2. Section 73.606(b), the Table of Television Allotments under Florida, is

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Notices Federal Register Vol. 69, No. 41

Tuesday, March 2, 2004

This section of the FEDERAL REGISTER information from the farm. These that the prohibition or restriction is contains documents other than rules or samples were sent to the Texas State necessary to prevent the dissemination proposed rules that are applicable to the laboratory and to the U.S. Department of of HPAI. The appropriate State public. Notices of hearings and investigations, Agriculture’s National Veterinary Government and Indian tribal officials committee meetings, agency decisions and Services Laboratories in Ames, IA, in Texas have been informed of these rulings, delegations of authority, filing of petitions and applications and agency which is the U.S. national reference facts. statements of organization and functions are laboratory for foreign animal diseases. Effective Date: This declaration of examples of documents appearing in this On February 19, 2004, test results extraordinary emergency shall become section. indicated that the flock had H5N2 avian effective February 23, 2004. influenza. Since H5 and H7 strains can Ann M. Veneman, be either low pathogenic or highly DEPARTMENT OF AGRICULTURE pathogenic, additional tests were Secretary of Agriculture. conducted. Genetic sequencing was [FR Doc. 04–4587 Filed 3–1–04; 8:45 am] Office of the Secretary completed on February 23, 2004, the BILLING CODE 3410–34–P [Docket No. 04–018–1] results of which indicated a highly pathogenic form of AI. International Declaration of Extraordinary standards mandate reporting these DEPARTMENT OF AGRICULTURE Emergency Because of Avian Influenza sequencing results to the Office Animal and Plant Health Inspection in Texas International des Epizooties, the world Service animal health organization. The Avian influenza (AI) has been Department is conducting further confirmed in a broiler chicken flock in [Docket No. 04–013–1] laboratory testing to confirm the Gonzales County, TX. AI viruses, which pathogenicity. Notice of Request for Extension of can infect chickens, turkeys, pheasants, The flock of approximately 6,600 Approval of an Information Collection quail, ducks, geese, and guinea fowl, as broiler chickens was depopulated. The well as a wide variety of other birds, can AGENCY: Animal and Plant Health Department and the TAHC are in the be classified into low pathogenic and Inspection Service, USDA. process of conducting an highly pathogenic strains based on the ACTION: Extension of approval of an severity of the illness they cause. Most epidemiological investigation and surveillance testing within a 10-mile information collection; comment AI virus strains are low pathogenic and request. typically cause mild clinical signs and radius of the affected property. low mortality in infected birds. The existence of HPAI in Texas SUMMARY: In accordance with the However, some low pathogenic virus represents a threat to the U.S. poultry Paperwork Reduction Act of 1995, this strains are capable of mutating under and bird industries. It constitutes a real notice announces the Animal and Plant field conditions into highly pathogenic danger to the national economy and a Health Inspection Service’s intention to viruses, which cause more illness and potential serious burden on interstate request an extension of approval of an high mortality in infected birds. and foreign commerce. The Department information collection in support of the Exposure of poultry to migratory has reviewed the measures being taken regulations for the importation of waterfowl and the international by Texas to control and eradicate HPAI poultry meat and products and live movement of poultry, poultry and has consulted with the appropriate poultry from the Mexican States of equipment, and people pose risks for State Government and Indian tribal Campeche, Quintana Roo, and Yucatan. officials in Texas. Based on such review introducing highly pathogenic avian DATES: We will consider all comments influenza (HPAI) into U.S. poultry. and consultation, the Department has determined that the measures being that we receive on or before May 3, Once introduced, the disease can be 2004. spread from bird to bird by direct taken by the State are inadequate to contact. HPAI viruses can also be spread control or eradicate HPAI. Therefore, ADDRESSES: You may submit comments by manure, equipment, vehicles, egg the Department has determined that an by postal mail/commercial delivery or flats, crates, and people whose clothing extraordinary emergency exists because by e-mail. If you use postal mail/ or shoes have come in contact with the of HPAI in Texas. commercial delivery, please send four virus. This declaration of extraordinary copies of your comment (an original and On February 17, 2004, routine emergency authorizes the Secretary to three copies) to: Docket No. 04–013–1, surveillance samples taken from the (1) hold, seize, treat, apply other Regulatory Analysis and Development, Gonzales County flock and sent to the remedial actions to, destroy (including PPD, APHIS, Station 3C71, 4700 River Texas Veterinary Medical Diagnostic preventative slaughter), or otherwise Road Unit 118, Riverdale, MD 20737– Laboratory were identified as dispose of, any animal, article, facility, 1238. Please state that your comment preliminarily positive for an H5 type AI or means of conveyance if the Secretary refers to Docket No. 04–013–1. If you virus. Upon learning that the flock of determines the action is necessary to use e-mail, address your comment to broilers had elevated death rates, the prevent the dissemination of HPAI and [email protected]. Your Texas Animal Health Commission (2) prohibit or restrict the movement or comment must be contained in the body (TAHC), in accordance with standard use within the State of Texas, or any of your message; do not send attached practice in such situations, dispatched a portion of the State of Texas, of any files. Please include your name and foreign animal disease diagnostician to animal or article, means of conveyance, address in your message and ‘‘Docket collect additional samples and or facility if the Secretary determines No. 04–013–1’’ on the subject line.

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You may read any comments that we have not been commingled with poultry DEPARTMENT OF AGRICULTURE receive on this docket in our reading meat or products or live poultry from room. The reading room is located in END-affected regions. Animal and Plant Health Inspection Service room 1141 of the USDA South Building, We are asking the Office of 14th Street and Independence Avenue Management and Budget (OMB) to [Docket No. 03–100–2] SW., Washington, DC. Normal reading approve our use of this information room hours are 8 a.m. to 4:30 p.m., collection activity for an additional 3 Public Meeting; Veterinary Biologics Monday through Friday, except years. holidays. To be sure someone is there to AGENCY: Animal and Plant Health help you, please call (202) 690–2817 The purpose of this notice is to solicit Inspection Service, USDA. before coming. comments from the public (as well as ACTION: Notice of public meeting. APHIS documents published in the affected agencies) concerning our Federal Register, and related information collection. These comments SUMMARY: This is the second notice to information, including the names of will help us: producers and users of veterinary organizations and individuals who have biological products, and other interested (1) Evaluate whether the collection of individuals, that we will be holding our commented on APHIS dockets, are information is necessary for the proper available on the Internet at http:// 12th public meeting to discuss performance of the functions of the regulatory and policy issues related to www.aphis.usda.gov/ppd/rad/ Agency, including whether the webrepor.html. the manufacture, distribution, and use information will have practical utility; of veterinary biological products. This FOR FURTHER INFORMATION CONTACT: For (2) Evaluate the accuracy of our notice provides information on the information on the regulations regarding estimate of the burden of the agenda, as well as the dates, times, and the importation of poultry meat and information collection, including the place of the meeting. It also indicates a products and live poultry from the validity of the methodology and contact person for obtaining registration Mexican States of Campeche, Quintana assumptions used; forms, lodging information, and copies Roo, and Yucatan, contact Dr. Hatim of the agenda. Gubara, Senior Staff Veterinarian, (3) Enhance the quality, utility, and DATES: The public meeting will be held clarity of the information to be Regionalization Evaluation Services Wednesday, April 7, through Friday, collected; and Staff, VS, APHIS, 4700 River Road Unit April 9, 2004, from 1 p.m. to 38, Riverdale, MD 20737–1231; (301) (4) Minimize the burden of the approximately 5 p.m. on Wednesday, 8 734–4356. For copies of more detailed information collection on those who are a.m. to approximately 5 p.m. on information on the information to respond, through use, as appropriate, Thursday, and from 8 a.m. to collection, contact Mrs. Celeste Sickles, of automated, electronic, mechanical, approximately noon on Friday. APHIS’ Information Collection and other collection technologies, e.g., ADDRESSES: Coordinator, at (301) 734–7477. The public meeting will be permitting electronic submission of held in the Scheman Building at the SUPPLEMENTARY INFORMATION: responses. Iowa State Center, Iowa State Title: Exotic Newcastle Disease; University, Ames, IA. Importation of Poultry Meat and Estimate of burden: The public Products and Live Poultry from the reporting burden for this collection of FOR FURTHER INFORMATION CONTACT: Ms. Mexican States of Campeche, Quintana information is estimated to average 1 Kathy Clark, Center for Veterinary Roo, and Yucatan. hour per response. Biologics, VS, APHIS, 510 South 17th OMB Number: 0579–0228. Respondents: Federal animal health Street, Suite 104, Ames, IA 50010–8197; Type of Request: Extension of authorities in Mexico. phone (515) 232–5785, fax (515) 232– approval of an information collection. 7120; or e-mail Estimated annual number of Abstract: Under the Animal Health [email protected]. respondents: 5. Protection Act (7 U.S.C. 8301–8317), the SUPPLEMENTARY INFORMATION: In a notice Animal and Plant Health Inspection Estimated annual number of published in the Federal Register on Service, U.S. Department of Agriculture, responses per respondent: 10. November 14, 2003 (68 FR 64585, regulates the importation of animals and Estimated annual number of Docket No. 03–100–1), we announced animal products into the United States responses: 50. that we would be holding our 12th to prevent the introduction of animal Estimated total annual burden on annual veterinary biologics public diseases, such as exotic Newcastle meeting and requested that interested disease (END), into the United States. respondents: 50 hours. (Due to averaging, the total annual burden hours persons submit suggestions for agenda The regulations in 9 CFR part 94 topics. Based on the responses and on may not equal the product of the annual allow the importation of poultry meat other considerations, the agenda for the number of responses multiplied by the and products and live poultry from the 12th public meeting will include, but is reporting burden per response.) Mexican States of Campeche, Quintana not limited to, the following: Roo, and Yucatan under conditions All responses to this notice will be • Biologics use and role in emergency designed to ensure that the poultry meat summarized and included in the request management; and products and live poultry will not for OMB approval. All comments will • Bovine spongiform encephalopathy transmit END. This disease is not also become a matter of public record. (BSE) experience, epidemiology aspects, present in those States but exists in Done in Washington, DC, this 25th day of and impact on veterinary biologics; other parts of Mexico. The conditions • February 2004. Animal health safeguarding; for importation require, among other • Autogenous biologics; things, certification from a full-time Kevin Shea, • Possession, use, and transfer of salaried veterinary officer of the Acting Administrator, Animal and Plant biological agents and toxins, 9 CFR part Government of Mexico that the poultry Health Inspection Service. 121, implementation and impact; meat or products or live poultry [FR Doc. 04–4589 Filed 3–1–04; 8:45 am] • Research and development of originated in an END-free region and BILLING CODE 3410–34–P biologics;

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• Vaccine storage bank and vaccine DEPARTMENT OF AGRICULTURE Coordinator, Cedar City Ranger District, discontinuance update; Dixie National Forest, 1789 Forest Service • Center for Veterinary Biologics Wedgewood, Cedar City, Utah 84720. FOR FURTHER INFORMATION CONTACT: (CVB) regulatory initiatives; Dixie National Forest, Utah, Duck • Harmonization issues; and Creek Fuels Treatment Analysis Duck Creek Fuels Treatment Analysis Coordinator, Cedar City Ranger District, • Animal care. AGENCY: Forest Service, USDA. Dixie National Forest, 1789 In addition, we will provide updates ACTION: Notice of Intent to prepare an Wedgewood, Cedar City, Utah 84720. on regulations, quality assurance, the Environmental Impact Statement. SUPPLEMENTARY INFORMATION: The Ames Information Management System, proposed treatments will implement document processing (outlines, labels), SUMMARY: The USDA Forest Service will direction in the National Fire Plan and CVB shipment of select agents and prepare an Environmental Impact Healthy Forest Initiative and Healthy reagents, the Agricultural Bioterrorism Statement (EIS) to implement fuels Forests Restoration Act, efforts to reduce Protection Act of 2002, export treatments in the Duck Creek area, impacts of wildfires on people and certificates, the APHIS Science Fellows within the Cedar City Ranger District, resources. The National Fire Plan Project, and the National Centers for Dixie National Forest, Utah. The directs Federal agencies within USDA/ Animal Health. original Notice of Intent for this project USDI to engage states and local was published in the Federal Register Registration forms, lodging communities in reducing forest fuels, May 23, 2002 (page 44587). A revised information, and copies of the agenda using a variety of fuel reduction Notice of Intent was published July 18, for the 12th public meeting may be treatments (mechanical, prescribed fire 2003 (page 42677). This second revised obtained from the person listed under and intensive manual treatment). Notice of Intent is published to change FOR FURTHER INFORMATION CONTACT. This Hazardous fuel reduction is a critical the dates of the EIS and modify the information is also available on the investment necessary to reduce fire risk Purpose and Need statement of the EIS Internet at http://www.aphis.usda.gov/ and fire suppression costs into the to include crown fuels reduction. The vs/cvb. future and is focused on areas near agency confirms the continuing communities and interface areas that the The registration deadline is March 27, environmental analysis and decision- States have judged to be in harm’s way 2004. A block of hotel rooms has been making process. of a wildfire. set aside for this meeting until March DATES: Comments concerning the The analysis area of 25,741 acres of 24, 2004. Early reservation of rooms is analysis must be received within thirty National Forest System lands is located strongly encouraged. days after publication of this revised thirty miles east of Cedar City, Utah. Done in Washington, DC, this 25th day of Notice Of Intent in the Federal Register. The analysis area includes six tracts of February 2004. The draft environmental impact private lands which are surrounded by Kevin Shea, statement is expected in June, 2004. The National Forest lands. The tracts are Acting Administrator, Animal and Plant final environmental impact statement is subdivided into residential lots and Health Inspection Service. expected in October, 2004. contain an estimated 1,900 homes and [FR Doc. 04–4588 Filed 3–1–04; 8:45 am] ADDRESSES: Send written comments to: 10 businesses. The specific subdivisions BILLING CODE 3410–34–P Duck Creek Fuels Treatment Analysis are as follows:

Subdivision Legal location (approximate) Salt Lake base meridian

1. Meadow View Heights ...... T38S R7W Sec 6 2. Mirror Lake ...... T38S R7W Sec 5, 8 3. Movie Ranch ...... T38S R7W Sec 7 4. Movie Ranch South ...... T38S R7W Sec 7 5. Color Country ...... T38S R7W Sec 8, 17 6. Timber Trails ...... T38S R7W Sec 7, 17, 18 7. Ponderosa Villa ...... T38S R7W Sec 16 8. Strawberry Valley ...... T38S R7W Sec 20, 21 9. Swains Creek ...... T38S R7W Sec 26, 2 10. Blackman Hill ...... T38S R7W Sec 26, 27 11. Harris Springs ...... T38S R7W Sec 26 12. Swains Creek Pines ...... T38S R7W Sec 33, 34 13. Ponderosa Ranch ...... T38S R7W Sec 24; T38S R6W Sec 19 14. Zion View Mtn Estates ...... T38S R8W Sec 2 15. Duck Creek Pines ...... T38S R7W Sec 7

The private lands were designated an Historic prevention and suppression would cause significant damage to ‘‘urban interface community at risk from of wildfire has resulted in ever- property and natural resources. wildfires on National Forest lands’’ by increasing accumulations of forest fuels. Reducing the risk of wildfires in these the Chief of the Forest Service (Federal These buildups of forest fuels increase areas would provide the best Register, August 17, 2001 / Notices). the risk of high intensity fires to the opportunity to protect National Forest This designation meant that Federal National Forest and to large private lands and adjacent private properties. funds from the National Fire Plan could subdivisions within the forest boundary. Purpose and Need for Action be spent to reduce fuels on National The extensive development and high Forest lands adjacent to the private recreation use have also increased the The purpose of this project is to lands. threat of human-caused fires. A high modify existing, high fuel loads that intensity fire occurring within this area influence fire behavior on National

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Forest lands adjacent to private lands in (tons/acre) in the DFS and General area. Conifer encroachment increases the Duck Creek area. Fuel loads and the Forest Area. fire susceptibility and fire behavior potential for high intensity surface and Element 2—Ladder Fuels Reduction. within these stands. Historically, 60 to crown fires, sustained fire spread, and Currently, ladder fuels have increased 70% of the watershed contained stands resultant threat to firefighter and public dramatically as ponderosa pine trees with an aspen component. Restoring safety as well as cost of suppression are with small crowns and few lower and maintaining aspen stands would reduced by manipulating vegetation. branches have been replaced by fir and help slow the spread of fires that may Eliminating the high surface fuel loads, spruce that have large crowns and occur. The desired condition is to ladder fuels, and reducing crown fuels branches extending to the ground. Fire regenerate and maintain aspen stands, would help reduce the risk of property suppression has also resulted in a dense such that at least 60% of the stands damage and allow sufficient time for understory of young trees that within the watershed contain aspen. firefighters to directly attack and control contribute to the ladder a fire would The element of retention of fire a fire before housing and other climb to reach higher crowns. Lower tolerant species will be measured by the developments are threatened or branches, small trees and other ladder acreage of stands that retain or develop destroyed. The difference between the fuels currently extend from the ground an aspen component. existing condition and desired upward. The desired condition within Proposed Action: The Forest Service condition describes the need for action the DFS is to effectively prevent a proposes to treat fuels in timber stands and is defined by ‘‘elements’’ that ground fire from climbing. Therefore, located in Kane County, Utah, Salt Lake describe how the need for action is small diameter trees should be Base Meridian, T38S R8W, T38S R7W, measured. infrequent and with all trees the T39S R8W, T39S R7W and T38S R6W. Element 1—Ground Fuels Reduction. branches or ladder fuels should be at The specific fuels treatments are as Currently, the increasing buildup and least eight feet above the ground within follows: continuity of fuels on National Forest the DFS. 1. Defensible fire space (DFS) lands pose a serious risk to the adjacent The element of ladder fuels will be treatments. A defensible fire space will subdivisions on private lands within the measured by acres of DFS that do not be established in National Forest lands Duck Creek area. As these fuel loads have trees nine inches dbh and less, from 500′–2000′ wide immediately have increased, the residential with remaining trees limbed to eight feet surrounding private lands with population of the private subdivisions high. subdivisions. The DFS area is has also increased. Increased recreation Element 3—Crown Fuels Reduction. approximately 2,724 acres. Ground fuels use is also occurring, increasing the risk Currently, dense, continuous crowns will be reduced by disposing of limbs, that a human-caused fire may occur. (tree canopy), exist in conifer stands existing ground fuels and slash by The risk of high intensity wildfire is a south and west of the subdivisions piling/burning or chipping. Ladder fuels threat to the large subdivisions of within the Duck Creek area. A fire will be reduced by pruning limbs under private homes, businesses and other starting in this area under normal eight feet high on conifer trees. Crown private land developments, as well as a summer weather conditions could easily fuels will be reduced by cutting all threat to the people who live and reach the crowns via high surface fuel conifer trees under nine inches in recreate in the area. A high intensity fire loads and ladder fuels that exist diameter. would cause significant damage to these throughout the area and then be carried 2. Mixed conifer treatments. Fuel properties, as well as to the natural through the dense canopy by a loads will be reduced and the resources in the area. Current fuel loads combination of winds, slope, and establishment of ponderosa pine will be adjacent to private lands range from 20 atmospheric conditions. This dense favored on approximately 7,352 acres of to 50 tons per acre; most forests exhibit crown fuel condition provides a ready mixed conifer stands in National Forest conditions of a Fuel Model 10. avenue for a high intensity fire to spread lands south and west of the private The desired condition of the area rapidly and significantly increases long- subdivisions. Mixed conifer stands surrounding the subdivisions, the DFS, range spotting as well. The desired currently have major components of or Defensible Fire Space (a zone around conditions are a thinned canopy where ponderosa pine, white fir and Douglas- the subdivisions up to 2,000 feet wide), typical wind/slope/atmosphere fir with minor components of subalpine is to have fuel loads reduced to 5–10 interaction could not sustain fire spread fir, Engelmann spruce and Colorado tons per acre, which would convert the through the canopy along with breaks in blue spruce. Ground fuels will be forest to a Fuel Model 8, a level that the forest canopy that would reduce the reduced by piling/burning or chipping would not sustain a high intensity fire continuity of aerial fuels adjacent to limbs, other ground fuels and slash. event and a width which would allow those areas having denser canopies. Ladder and crown fuels will be reduced fire embers from areas outside the DFS The element of crown fuels will be by cutting white fir, Douglas-fir, to land without causing a significant measured by crown fire index and by subalpine fir, Engelmann spruce and spot fire hazard. acres treated to effectively prevent a fire Colorado blue spruce trees under nine Outside of the DFS, the current fuel from spreading through the crowns. inches in diameter. loads range from 20 to 50 tons per acre. Element 4—Retention of Fire Tolerant 3. Spruce treatments. Fuels treatments Reducing the fuel loads in the general Species. Currently, aspen stands within will conducted in approximately 947 forest area would slow the spread of fire the watershed are being encroached acres of spruce conifer stands in and would reduce the potential for a fire upon by tree species such as spruce and National Forest lands south and west of to spread into the crowns of the trees. fir, which are fire intolerant species. the private subdivisions. Spruce stands The desired condition of the general Stands with a high density of aspen, a have major components of Engelmann forest area, which is the area outside of fire tolerant species, act as natural spruce and subalpine fir with minor the DFS, is to have fuel loads reduced firebreaks or areas where fire activity is components of ponderosa pine, to 10–15 tons per acre, a level that slowed. Aspen is a short-lived species Colorado blue spruce, Douglas-fir and would lessen the potential for and slow that requires disturbance in order to white fir. Ground fuels will be reduced the spread of a high intensity fire event. regenerate; without disturbance, these by disposing of limbs, existing ground The element of Ground Fuels Reduction stands will eventually be taken over by fuels and slash by piling/burning or will be measured by total fuel loads conifers, eliminating the aspen from the chipping. Ladder and crown Fuel loads

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will be reduced by cutting subalpine fir, conditions evaluated through the 7. The proposed fuels treatment white fir and Douglas-fir under nine analysis. would reduce or eliminate understory inches in diameter. Engelmann spruce, Responsible Official: The responsible vegetation that serves as a barrier to off- Colorado blue spruce and ponderosa official for this EIS and the Record of road motorized vehicles, especially by pine trees under nine inches in diameter Decision is: Robert A. Russell, Forest ATV’s (All Terrain Vehicles). will be retained in this area in order to Supervisor, Dixie National Forest, 1789 Comments Requested. Comments will maintain a spruce component into the Wedgewood, Cedar City, Utah 84720; continue to be received and considered future. FAX: (435) 865–3791. throughout the analysis process. 4. Aspen treatments. Stands Decision To Be Made: The Comments received in response to this dominated by aspen will be regenerated Responsible Official will decide notice and through scoping, including and maintained in approximately 2,366 whether forest fuels treatment would be names and addresses of those who acres of National Forest lands south and conducted to reduce risks from wildfires comment, will be considered part of the west of the private subdivisions by to the National Forest and to private public record of this proposed action cutting Engelmann spruce, Colorado lands; and, if so, what extent and types and will be available for public blue spruce, subalpine fir and white fir of treatments should be done. inspection. Comments submitted trees under nine inches in diameter and Scoping Process: Public participation anonymously will be accepted and underburning fuels. Slash will be pulled was initiated through scoping in considered; however, those who submit away from mature (over 18″ diameter) October, 2001. Comments and issues anonymous comments will not have ponderosa pine and Douglas-fir trees to were received in response to these standing to appeal the subsequent provide partial protection from public contacts. Scoping will continue. decision under 36 CFR Parts 215 or 217. prescribed fire. Aspen, a short-lived Public participation is especially Additionally, pursuant to 7 CFR 1.27(d), species that acts to slow the spread of important during scoping and review of any person may request the agency to wildfire, requires periodic disturbance the draft EIS. Individuals, organizations, withhold a submission from the public to induce new growth. Underburning federal, state, and local agencies who record by showing how the Freedom of will result in stimulating and are interested in or affected by the Information Act (FOIA) permits such regenerating the aspen. A prescribed fire decision are invited to participate in the confidentiality. Persons requesting such plan will be developed prior to scoping process. This information will confidentiality should be aware that, underburning. The plan will outline be used in the preparation of the draft under the FOIA, confidentiality may be appropriate burning conditions and fire EIS. granted in only very limited control methods to be implemented to Preliminary Issues. The following circumstances, such as to protect trade secrets. The Forest Service will inform insure the prescribed fire is confined to issues were identified through public the requester of the agency’s decision the area to be treated. scoping and internal resource analyses: regarding the request for confidentiality, Fuels and slash piling may be done by 1. The proposed fuels treatments and where the request is denied, the machine, except where Forest Plan would reduce travel corridors for big agency will return the submission and standards for soils or slope dictate game (e.g. elk and deer) and birds and notify the requester that the comments otherwise. Piles will be burned. The small mammals (e.g. turkey, grouse, red may be resubmitted with or without transportation system required to treat squirrels and flying squirrels) by name and address within a specified or remove fuels is in place. No new substantially fragmenting habitat number of days. roads would be constructed with this throughout the project area. Early Notice of Importance of Public project. Riparian areas along perennial 2. The proposed fuels treatments Participation in Subsequent streams would be protected with a 300- would remove understory trees and Environmental Review: A draft foot no-treatment buffer along the edges. limbs, which are used by juvenile environmental impact statement will be Riparian areas along ephemeral streams goshawks within nest areas and prepared for comment. The draft EIS is would be thinned, but piling and flammulated owls as roosting habitat. expected to be filed with the EPA burning would occur at least 50 feet 3. The proposed fuels treatments (Environmental Protection Agency) and away from the channel. No treatment would create openings in the forest and to be available for public review. At that would occur within 100 feet of springs increase sight distance from the homes time the EPA will publish a notice of in order to protect water sources, soils within the subdivision into the forest. availability of the draft EIS in the that are wet and sensitive to This would change the visuals/ Federal Register. The comment period compaction, and riparian habitat. aesthetics of the area by reducing or for the draft environmental impact The project will be implemented in eliminating the ‘‘vegetative screening’’ statement will be forty-five days from accordance with direction in the Dixie that many residents value. the date the EPA’s notice of availability National Forest Land and Resource 4. Older stands of aspen would be appears in the Federal Register. Management Plan. regenerated and replaced by younger Comments on the draft EIS should be as Possible Alternatives: Three or more stands of aspen, reducing and/or specific as possible and may address the alternatives will be considered in the changing the aesthetic value of these adequacy of the statement or the merits analysis. stands. Older trees with large, white of the alternatives discussed (Reviewers No action. Under this alternative, the boles would be replaced by thickets of may wish to refer to the Council on proposed fuels treatments will not be seedlings and saplings in the short term. Environmental Quality Regulations for completed. The current forest fuels Fall color viewing would also be implementing the procedural provisions conditions would not be substantially impacted. of the National Environmental Policy changed and natural processes would 5. The proposed fuels treatments Act at 40 CFR 1503.3 in addressing continue. This alternative will be fully would remove young trees and these points). evaluated and described. seedlings from the spruce/fir stands, The Forest Service believes, at this Proposed Action (as described above). resulting in the eventual loss of the early stage, it is important to give Additional Alternatives—Additional timber stand due to lack of regeneration. reviewers notice of several court rulings alternatives may be developed in 6. The proposed fuels treatments are related to public participation in the response to issues and resource too costly to implement. environmental review process. First,

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reviewers of draft environmental impact DEPARTMENT OF AGRICULTURE ACTION: Notice of meeting. statements must structure their participation in the environmental Forest Service SUMMARY: The Willamette Province review of the proposal so that it is Advisory Committee (PAC) will meet in meaningful and alerts an agency to the Snohomish County Resource Advisory Salem, Oregon. The purpose of the reviewers’ position and contentions. Committee (RAC) meeting is to discuss issues pertinent to the implementation of the Northwest Vermont Yankee Nuclear Power Corp. v. AGENCY: Forest Service, USDA. NRDC, 435 U.S. 519, 553 (1978). Also, Forest Plan (NFP) and to provide advice ACTION: Notice of meetings. environmental objections that could to federal land managers in the Province. The specific topics to be have been raised at the draft SUMMARY: The Snohomish County covered at the meeting include planning environmental impact statement stage Resource Advisory Committee (RAC) for the 2004 Province Implementation but that are not raised until after has scheduled two upcoming meetings monitoring; the FS and BLM status in completion of the final environmental at the Snohomish County meeting the terms of the Settlement impact statement may be waived or Administration Building, 3000 Agreement of the lawsuit American dismissed by the courts. City of Angoon Rockefeller Ave., Everett, WA 98201. Forest Resource Council v. BLM v. Hodel, (9th Circuit, 1986) and The first meeting will be Tuesday, involving the Northwest Forest Plan, Wisconsin Heritages, Inc. v. Harris, 490 March 23, 2004, in the Willis Tucker and the eighth year evaluation of BLM F. Supp.1334. 1338 (E.D. Wis. 1980). Conference Room, 3rd floor. The second Resource Management Plans. Because of these court rulings, it is very meeting will be Tuesday, March 30, DATES: The meeting will be held March important that those interested in this 2004, in the Planning Conference Room, 18, 2004. proposed action participate by the close 4th Floor. of the 45-day comment period so that Both meetings will begin at 9 a.m. and ADDRESSES: The meeting will be held at substantive comments and objections continue until about 4 p.m. The agenda the Red Lion Hotel, 3301 Market Street, are made available to the Forest Service item to be covered at both meetings is Salem, Oregon. Send written comments at the time it can meaningfully consider the review and recommendation of Title to Neal Forrester, Willamette Province them and respond to them in the final II projects for FY 2004. Advisory Committee, c/o Willamette environmental impact statement. All Snohomish County Resource National Forest, P.O. Box 10607, Eugene, Oregon 97440, (541) 225–6436 To assist the Forest Service in Advisory Committee meetings are open to the public. Interested citizens are or electronically to [email protected]. identifying and considering issues and FOR FURTHER INFORMATION CONTACT: Neal concerns about the proposed action, encouraged to attend. The Snohomish County Resource Forrester, Willamette National Forest, comments on the draft environmental (541) 225–6436. impact statement should be as specific Advisory Committee advises Snohomish SUPPLEMENTARY INFORMATION: The as possible. It is also helpful if County on projects, reviews project meeting is open to the public. comments refer to specific pages or proposals, and makes recommendations Committee discussion is limited to PAC chapters of the draft statement. to the Forest Supervisor for projects to members. However, persons who wish Comments may also address the be funded by Title II dollars. The Snohomish County Resource Advisory to bring matters to the attention of the adequacy of the statement or the merits Committee may file written statements of the alternatives formulated and Committee was established to carry out the requirements of the Secure Rural with the PAC staff before or after the discussed in the statement. Reviewers meeting. A public forum will be may wish to refer to the Council on Schools and Community Self- Determination Act of 2000. provided and individuals will have the Environmental Quality Regulations for opportunity to address the PAC. Oral implementing the procedural provisions FOR FURTHER INFORMATION CONTACT: Direct questions regarding this meeting comments will be limited to three of the National Environmental Policy minutes. Act at 40 CFR 1503.3 in addressing to Barbara Busse, Designated Federal these points. Official, USDA Forest Service, Mt. Dated: February 24, 2004. Baker-Snoqualmie National Forest, H. ‘‘Woody’’ Fine, In the final EIS, the Forest Service is 74920NE. Stevens Pass Hwy, P.O. Box Acting Forest Supervisor, Willamette National required to respond to substantive 305, Skykomish, WA 98288 (phone: Forest. comments and responses received 360–677–2414) or Terry Skorheim, [FR Doc. 04–4557 Filed 3–1–04; 8:45 am] during the comment period that pertain District Ranger, USDA Forest Service, BILLING CODE 3410–11–M to the environmental consequences Mt. Baker-Snoqualmie National Forest, discussed in the draft EIS and 1405 Emens St., Darrington, WA 98241 applicable laws, regulations, and (phone: 360–436–1155). DEPARTMENT OF AGRICULTURE policies considered in making a decision regarding the proposal. The Dated: February 23, 2004. Natural Resources Conservation Responsible Official will document the Barbara Busse, Service decision and rationale for the decision Designated Federal Official. in a Record of Decision. The final EIS [FR Doc. 04–4556 Filed 3–1–04; 8:45 am] Notice of Proposed Changes to is scheduled for completion in BILLING CODE 3410–11–M Section IV of the Field Office Technical September, 2004. The decision will be Guide (FOTG) of the Natural Resources subject to review under Forest Service Conservation Service in Indiana DEPARTMENT OF AGRICULTURE Appeal Regulations. AGENCY: Natural Resources Dated: February 23, 2004. Forest Service Conservation Service (NRCS). Robert A. Russell, ACTION: Notice of availability of Forest Supervisor, Dixie National Forest. Willamette Province Advisory proposed changes in Section IV of the Committee [FR Doc. 04–4586 Filed 3–1–04; 8:45 am] FOTG of the NRCS in Indiana for review and comment. BILLING CODE 3410–11–P AGENCY: Forest Service, USDA.

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SUMMARY: It is the intention of NRCS in Headquarters Campus, Room 111 A, B, in the United States is materially Indiana to issue one (1) new & C, 109 T.W. Alexander Drive, injured by reason of imports from conservation practice standards in Research Triangle Park, North Carolina Australia, Greece, Ireland, Japan, and Section IV of the FOTG. The new 27711; telephone: (919) 541–5436.’’ South Africa of electrolytic manganese standard is: Drainage Water Dated: February 26, 2004. dioxide.’’ See Electrolytic Manganese Management (554). This practice may be Helen V. Huntington, Dioxide from Australia, China, Greece, used in conservation systems that treat Ireland, Japan, and South Africa, 68 FR Federal Register Liaison, Natural Resources highly erodible land and/or wetlands. Conservation Service. 55062 (September 22, 2003). On February 20, 2004, Kerr-McGee DATES: Comments will be received for a [FR Doc. 04–4603 Filed 3–1–04; 8:45 am] withdrew its antidumping petitions by 30-day period commencing with this BILLING CODE 1310–16–U date of publication. putting on the record of the ADDRESSES: Address all requests and investigation a letter to the Department. The only other two U.S. companies comments to Jane E. Hardisty, State DEPARTMENT OF COMMERCE Conservationist, Natural Resources which are known to produce EMD, Conservation Service (NRCS), 6013 International Trade Administration Energizer Battery Manufacturing Inc. Lakeside Blvd., Indianapolis, Indiana (Energizer) and Erachem Comilog [A-602–805, A-484–802, A-419–802, A-588– (Erachem,) both filed letters dated 46278. Copies of this standard will be 864, A-791–818, A-570–889] made available upon written request. February 20, 2004, stating that each ‘‘has no interest in the continuation of You may submit your electronic Notice of Termination of Antidumping these investigations.’’ requests and comments to Duty Investigations: Electrolytic [email protected]. Manganese Dioxide From Australia, Scope of the Investigation Greece, Ireland, Japan, South Africa FOR FURTHER INFORMATION CONTACT: Jane This investigation covers all E. Hardisty, 317–290–3200. AGENCY: Import Administration, manganese dioxide (MnO2) that has SUPPLEMENTARY INFORMATION: Section International Trade Administration, been manufactured in an electrolysis 343 of the Federal Agriculture Department of Commerce. process, whether in powder, chip or Improvement and Reform Act of 1996 EFFECTIVE DATE: March 2, 2004. plate form. Excluded from the scope are states that after enactment of the law, SUMMARY: On February 20, 2004, Kerr- natural manganese dioxide (NMD) and revisions made to NRCS state technical McGee Chemical LLC (Kerr-McGee or chemical manganese dioxide (CMD), guides used to carry out highly erodible Petitioner) withdrew its antidumping including high-grade chemical land and wetland provisions of the law, petitions, filed on July 31, 2003, manganese dioxide (CMD-U). The shall be made available for public regarding Electrolytic Manganese merchandise subject to this review and comment. For the next 30 Dioxide (EMD) from Australia, Greece, investigation is classified in the days, the NRCS in Indiana will receive Ireland, Japan, South Africa. Based on Harmonized Tariff Schedule of the comments relative to the proposed this withdrawal, the Department of United States (HTSUS) at subheading changes. Following that period, a Commerce (the Department) is now 2820.10.0000. The tariff classifications determination will be made by the terminating these investigations. are provided for convenience and U.S. NRCS in Indiana regarding disposition FOR FURTHER INFORMATION CONTACT: Customs and Border Protection (CBP) of those comments and a final Joseph Welton (Australia) at 202–482– purposes; however, the written determination of changes will be made. 0165, Doug Kirby (Greece) at 202–482– description of the scope of the Dated: February 19, 2004. 3782, John Drury (Ireland) at 202–482– investigation is dispositive. Jane E. Hardisty, 0195, Mark Flessner (Japan) at 202–482– Termination of the Investigation State Conservationist, Indianapolis, Indiana. 6312, Matthew Renkey (South Africa) at [FR Doc. 04–4602 Filed 3–1–04; 8:45 am] 202–482–2312, Import Administration, On February 20, 2004 the Department BILLING CODE 3410–16–P International Trade Administration, received a letter from the Petitioner U.S. Department of Commerce, 14th notifying the Department that the Street and Constitution Avenue, NW., Petitioner is no longer interested in DEPARTMENT OF AGRICULTURE Washington, D.C. 20230. seeking relief and is withdrawing its SUPPLEMENTARY INFORMATION: antidumping petitions, filed on July 31, Natural Resources Conservation 2003, regarding EMD from Australia, Service Case History Greece, Ireland, Japan, South Africa. On July 31, 2003, the Department Under section 734(a)(1)(A) of the Tariff Task Force on Agricultural Air Quality received antidumping duty petitions Act of 1930 (the Tariff Act), upon (petitions) filed in proper form by Kerr- withdrawal of a petition, the AGENCY: Natural Resources Conservation Service, USDA. McGee. The Petitioner is a domestic administering authority may terminate producer of EMD. The Department an investigation after giving notice to all ACTION: Notice of meeting; correction. initiated these investigations on August parties to the investigation. We have 20, 2003. See Notice of Initiation of notified all parties to the investigation Correction Antidumping Duty Investigation: and the ITC of Petitioner’s withdrawal In FR Doc. 04–3457, in the issue of Electrolytic Manganese Dioxide From and our intention to terminate. Section February 18, 2004, make the following Australia, Greece, Ireland, Japan, South 351.207(b)(1) of the Department’s correction to the ADDRESSES. On page Africa and the People’s Republic of regulations states the Department may 7616, in the third column, in the second China, 68 FR 51551 (August 27, 2003) terminate provided it concludes that through fourth lines of the ADDRESSES (Initiation Notice). On September 22, termination is in the public interest. We section, correct ‘‘Sheraton Imperial 2003, the United States International have determined that termination would Hotel, Page Road, Research Triangle Trade Commission (the ITC) be in the public interest given that the Park, North Carolina 27709; telephone: preliminarily determined ‘‘that there is Petitioner is no longer interested in (919) 941–5050’’ to read ‘‘EPA a reasonable indication that an industry seeking relief.

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Based on information currently on the March 31, 2003, the Department and sizes; whether frozen, fresh, or record, the Department is terminating received a timely request for a new chilled; and regardless of how it is the antidumping duty investigations shipper review under the antidumping packed, preserved, or prepared. regarding EMD from Australia, Greece, duty order on freshwater crawfish tail Excluded from the scope of the order are Ireland, Japan, South Africa. meat from the People’s Republic of live crawfish and other whole crawfish, This action is taken pursuant to China in accordance with section whether boiled, frozen, fresh, or chilled. section 734(a)(1)(A) of the Tariff Act and 751(a)(2)(B) of the Act and section Also excluded are saltwater crawfish of section 351.207(b)(1) of the 351.214(c) of the Department’s any type, and parts thereof. Freshwater Department’s regulations. regulations from Shanghai Ocean crawfish tail meat is currently Dated: February 25, 2004. Flavor. In its request, Shanghai Ocean classifiable in the Harmonized Tariff Flavor identified Jiangxi Quanfu James J. Jochum, Schedule of the United States (HTS) Aquatic Food Co., Ltd. (Jiangxi Quanfu) under item numbers 1605.40.10.10 and Assistant Secretary for Import as the sole company that produced the Administration. 1605.40.10.90, which are the new HTS crawfish tail meat exported for its new numbers for prepared foodstuffs, [FR Doc. 04–4615 Filed 3–1–04; 8:45 am] shipper sales. On April 30, 2003, the indicating peeled crawfish tail meat and BILLING CODE 3510–DS–S Department initiated this new shipper other, as introduced by the U.S. review for the period September 1, 2002 Customs Service in 2000, and HTS through February 28, 2003. (See DEPARTMENT OF COMMERCE items 0306.19.00.10 and 0306.29.00, Freshwater Crawfish Tail Meat From the which are reserved for fish and International Trade Administration People’s Republic of China: Initiation of crustaceans in general. The HTS Antidumping Duty New Shipper Review, subheadings are provided for A–570–848 68 FR 23962 (May 6, 2003).) convenience and Customs purposes On May 12, 2003 we issued a Notice of Preliminary Results of only. The written description of the questionnaire to Shanghai Ocean Flavor. scope of this order is dispositive. Antidumping Duty New Shipper On June 17, 2002, we received its Review: Freshwater Crawfish Tail Meat sections A, C, and D questionnaire Verification from the People’s Republic of China response. On August 5, 2003, we issued As provided in section 782(i) of the AGENCY: Import Administration, a supplemental questionnaire to Act, we conducted verification of the International Trade Administration, Shanghai Ocean Flavor. We received the questionnaire responses of Shanghai response to this questionnaire on Department of Commerce. Ocean Flavor. We used standard August 19, 2003. On November 7, 2003, SUMMARY: The Department of Commerce verification procedures, including on– we issued a second supplemental (the Department) is conducting a new site inspection of the exporter’s and questionnaire to Shanghai Ocean Flavor. shipper review of the antidumping duty manufacturer’s facilities and the We received its response to the second order on freshwater crawfish tail meat examination of relevant sales and supplemental questionnaire on from the People’s Republic of China financial records. Our verification November 18, 2003. We issued a third (PRC) in response to a request from results are outlined in the New Shipper supplemental questionnaire to Shanghai Shanghai Ocean Flavor International Review of Freshwater Crawfish Tail Ocean Flavor on November 14, 2003. Trading Co., Ltd. (Shanghai Ocean Meat (tail meat) from the People’s We received its response to the third Flavor). The period of review (POR) is Republic of China (PRC) (A–570–848): September 1, 2002 through February 28, supplemental questionnaire on November 20, 2003. Sales and Factors Verification Report 2003. The preliminary results are listed On August 22, 2003, we requested for Shanghai Ocean Flavor International below in the ‘‘Preliminary Results of information from the U.S. importer of Trading Co., Ltd., dated February 19, Review’’ section. Interested parties are Shanghai Ocean Flavor’s new shipper 2004 (Shanghai Ocean Flavor invited to comment on these sales. We received its response to the Verification Report). A public version of preliminary results. questionnaire on September 11, 2003. this report is on file in the Central EFFECTIVE DATE: March 2, 2004 We issued a supplemental questionnaire Records Unit (CRU) located in room B– FOR FURTHER INFORMATION CONTACT: on November 7, 2003, to the U. S. 099 of the Main Commerce Building. Addilyn Chams–Eddine or Thomas importer of Shanghai Ocean Flavor’s Separate Rates Gilgunn, Office of AD/CVD Enforcement new shipper shipments. We received its VII, Import Administration, response to the supplemental The Department has treated the PRC International Trade Administration, questionnaire December 4, 2003. as a non–market-economy (NME) U.S. Department of Commerce, 14th On September 15, 2003, the country in all past antidumping Street and Constitution Avenue, NW, Department extended the preliminary investigations and in prior segments of Washington, DC 20230; telephone: (202) results of this new shipper review by this proceeding. See, e.g., Notice of 482–0648 or (202) 482–4236, 120 days until February 24, 2004. See Final Determination of Sales at Less respectively. Freshwater Crawfish Tail Meat from the Than Fair Value: Bulk Aspirin From the People’s Republic of China: Extension of People’s Republic of China, 65 FR 33805 Background Time Limit of Preliminary Results of (May 25, 2000), and Notice of Final The Department published in the New Shipper Review, 68 FR 53960 Determination of Sales at Less Than Fair Federal Register an antidumping duty (September 15, 2003). Value: Certain Non–Frozen Apple Juice order on freshwater crawfish tail meat SUPPLEMENTARY INFORMATION: Concentrate from the People’s Republic from the People’s Republic of China on of China, 65 FR 19873 (April 13, 2000). September 15, 1997. See Notice of Scope of the Antidumping Duty Order A designation as an NME remains in Amendment to Final Determination of The product covered by this effect until it is revoked by the Sales at Less Than Fair Value and antidumping duty order is freshwater Department. See section 771(18)(C) of Antidumping Duty Order: Freshwater crawfish tail meat, in all its forms the Act. Accordingly, there is a Crawfish Tail Meat from the People’s (whether washed or with fat on, rebuttable presumption that all Republic of China, 62 FR 48218. On whether purged or unpurged), grades, companies within the PRC are subject to

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government control and, thus, should be De Jure Control control over privately–owned assessed a single antidumping duty rate. With respect to the absence of de jure companies, such as Shanghai Ocean It is the Department’s standard policy government control over the export Flavor. The Foreign Trade Law to assign all exporters of the activities of the company reviewed, regulations state that ‘‘foreign trade merchandise subject to review in NME evidence on the record supports the operators shall in accordance with law countries a single rate unless an claim made by Shanghai Ocean Flavor enjoy full autonomy in their exporter can affirmatively demonstrate that its export activities are not management and shall be responsible an absence of government control, both controlled by the government. Shanghai for their own profits and losses.’’ See in law (de jure) and in fact (de facto), Ocean Flavor submitted evidence of its Notice of Final Determination of Sales with respect to exports. To establish legal right to set prices independently of at Less Than Fair Value; Manganese whether a company is sufficiently all government oversight. The business Metal from the People’s Republic of independent to be eligible for a separate, license of Shanghai Ocean Flavor China, 60 FR 56045 (November 6, 1995). company–specific rate, the Department At verification, we examined the indicates that the company is permitted analyzes each exporting entity in an business license for Shanghai Ocean to engage in the exportation of crawfish. NME country under the test established Flavor, which indicates that the license We found no evidence of de jure in the Final Determination of Sales at was granted in accordance with these government control restricting this Less than Fair Value: Sparklers from the laws. The results of verification support People’s Republic of China, 56 FR 20588 company’s exportation of crawfish. There are no export quotas that apply the information provided regarding the (May 6, 1991) (Sparklers), as amplified to crawfish. Prior verifications have Company Law and the Foreign Trade by the Notice of Final Determination of Law. (See Shanghai Ocean Flavor confirmed that there are no commodity– Sales at Less Than Fair Value: Silicon Verification Report, at 2.) Therefore, we specific export licenses required and no Carbide from the People’s Republic of preliminarily determine that there is an quotas for the seafood category ‘‘Other,’’ China, 59 FR 22585 (May 2, 1994) absence of de jure control over export which includes crawfish, in China’s (Silicon Carbide). Under this policy, activity with respect to Shanghai Ocean Tariff and Non–Tariff Handbook for exporters in NMEs are eligible for Flavor. separate, company–specific margins 1996. In addition, we have previously when they can demonstrate an absence confirmed that crawfish is not on the De Facto Control of government control, in law and in list of commodities with planned quotas With respect to the absence of de fact, with respect to export activities. in the 1992 PRC Ministry of Foreign facto control over export activities, the Evidence supporting, though not Trade and Economic Cooperation information submitted on the record requiring, a finding of de jure absence document entitled Temporary and reviewed at verification indicates of government control over export Provisions for Administration of Export that the management of Shanghai Ocean activities includes: 1) an absence of Commodities. See e.g., Freshwater Flavor is responsible for the restrictive stipulations associated with Crawfish Tail Meat From The People’s determination of export prices, profit an individual exporter’s business and Republic of China; Preliminary Results distribution, marketing strategy, and export licenses; 2) any legislative of New Shipper Review, 64 FR 8543 contract negotiations. Our analysis enactments decentralizing control of (February 22, 1999) and Freshwater indicates that there is no government companies; and 3) any other formal Crawfish Tail Meat From the People’s involvement in the daily operations or measures by the government Republic of China; Final Results of New the selection of management for this decentralizing control of companies. De Shipper Review, 64 FR 27961 (May 24, company. In addition, we have found facto absence of government control 1999). that the respondent’s pricing and export over exports is based on four factors: 1) Shanghai Ocean Flavor submitted a strategy decisions are not subject to the whether each exporter sets its own copy of the Company Law of the review or approval of any outside entity, export prices independently of the People’s Republic of China (Company and that there are no governmental government and without the approval of Law), adopted by the Fifth Meeting of policy directives that affect these a government authority; 2) whether each the Standing Committee of the Eighth decisions. exporter retains the proceeds from its National People’s Congress (effective There are no restrictions on the use of sales and makes independent decisions July 1, 1994). The Company Law export earnings. The general manager of regarding the disposition of profits or indicates a lack of de jure government Shanghai Ocean Flavor has the right to financing of losses; 3) whether each control over privately–owned negotiate and enter into contracts, and exporter has the authority to negotiate companies, such as Shanghai Ocean may delegate this authority to and sign contracts and other Flavor, and indicates that control over employees within the company. There agreements; and 4) whether each this enterprise rests with the enterprise is no evidence that this authority is exporter has autonomy from the itself. The Company Law states that, ‘‘a subject to any level of governmental government regarding the selection of company shall enjoy the rights to the approval. Shanghai Ocean Flavor management. entire property of the legal person reported that its management is selected Shanghai Ocean Flavor requested a formed by the investments of the by a board of directors and there is no separate, company–specific rate. shareholders and shall possess civil government involvement in the Shanghai Ocean Flavor provided rights and bear the civil liabilities in selection process. Finally, decisions separate rates information in its accordance with the law.’’ Additionally, made by the respondent concerning questionnaire response. Accordingly, Shanghai Ocean Flavor submitted, for purchases of subject merchandise from we performed separate–rate analysis to the record of this review, the Foreign suppliers are not subject to government determine whether Shanghai Ocean Trade Law of the People’s Republic of approval. Consequently, because Flavor is independent from government China (Foreign Trade Law), adopted by evidence on the record indicates an control. See Notice of Final the Seventh Meeting of the Standing absence of government control, both in Determination of Sales at Less than Fair Committee of the Eighth National law and in fact, over the company’s Value: Bicycles From the People’s People’s Congress (effective on July 1, export activities, we preliminarily Republic of China, 61 FR 56570 (April 1994). The Foreign Trade Law also determine that a separate rate should be 30, 1996). indicates a lack of de jure government applied to Shanghai Ocean Flavor. For

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further discussion of the Department’s in one or more market–economy shipper review, interested parties may preliminary determination regarding the countries that are at a level of economic submit publicly available information to issuance of separate rates, see development comparable to the NME value the factors of production no later Memorandum for Dana Mermelstein country and are significant producers of than 20 days following the date of from Addilyn Chams–Eddine entitled comparable merchandise. The sources publication of these preliminary results. of the surrogate factor values are Separate Rates in the 2002–2003 New 3. Factor Valuations Shipper Review of Freshwater Crawfish discussed under the ‘‘Factor Tail Meat from the People’s Republic of Valuations’’ section below. We applied surrogate values to the China, dated February 24, 2004. This We calculated normal value based on factors of production to determine memorandum is on file in the CRU. factors of production in accordance with normal value. We valued the factors of section 773(c)(4) of the Act and section production as follows: Normal Value Comparisons 351.408(c) of our regulations. Consistent Materials To determine whether the with the original investigation and the respondent’s sales of the subject subsequent administrative reviews of Crawfish merchandise to the United States were this order, we determined that India (1) To value the input of whole live made at a price below normal value, we is comparable to the PRC in level of crawfish, we used publicly available compared its United States price to economic development, and (2) is a data on Spanish imports of whole live normal value, as described in the significant producer of comparable crawfish from Portugal. Based on our ‘‘United States Price’’ and ‘‘Normal merchandise. See Memorandum to the research in prior reviews we used Value’’ sections of this notice. File from Addilyn Chams–Eddine Spanish import data because: (1) there through Dana Mermelstein: Surrogate is no crawfish industry in India or in United States Price Values Used for the Preliminary Results any of the other countries identified in Based on the information we have of the Antidumping Duty New Shipper the list of countries at a level of gathered to date, we preliminarily find Review of Freshwater Crawfish Tailmeat economic development comparable to Shanghai Ocean Flavor’s sales to be from the People’s Republic of China, that of the PRC (see Antidumping New bona fide. However, we will continue to dated February 24, 2004 (Factor Values Shipper Review of Freshwater Crawfish analyze this issue for purposes of the Memo). This Memorandum is on file in Tailmeat from the People’s Republic of final results of review. For a discussion the CRU. China: Request for a List of Surrogate of our analysis see Memorandum to the 2. Factors of Production Countries, dated February 11, 2004, on File through Dana Mermelstein from file in the CRU (Surrogate Countries Addilyn Chams–Eddine entitled Bona Section 773(c)(1) of the Act provides Memo)); and (2) Spain is the only Fide Nature of the New Shipper Review that the Department shall determine country which the Department Sales of Shanghai Ocean Flavor normal value (NV) using a factors–of- determined has both a comparable International Trading Co., Ltd., dated production methodology if (1) the product and publicly available import February 24, 2004. A public version of merchandise is exported from an NME statistics. See e.g., Notice of Preliminary this Memorandum is on file in the CRU. country, and (2) available information Results of Antidumping Duty New We based the United States price on does not permit the calculation of Shipper Review: Freshwater Crawfish export price (EP), in accordance with normal value using home–market Tail Meat from the People’s Republic of section 772(a) of the Act, because the prices, third–country prices, or China, 68 FR 7976 (February 19, 2003) first sale to an unaffiliated purchaser constructed value under section 773(a) (Weishan Zhenyu Prelim). We adjusted was made prior to importation, and of the Act. Factors of production the values of whole live crawfish to constructed export price (CEP) was not include the following elements: (1) include freight costs incurred between otherwise warranted by the facts on the hours of labor required, (2) quantities of the supplier and the factory. For record. We calculated EP based on the raw materials employed, (3) amounts of transportation distances used in the packed price from the exporter to the energy and other utilities consumed, calculation of freight expenses on whole first unaffiliated purchaser in the United and (4) representative capital costs. We live crawfish, we added a surrogate States. We deducted foreign inland used the verified factors of production freight cost using the shorter of (a) the freight, international freight and foreign for materials, energy, labor, and distances between the closest PRC port brokerage and handling expenses from packing. We valued all the input factors and the factory, or (b) the distance the starting price (gross unit price) in using publicly available information, as between the domestic supplier and the discussed in the ‘‘Surrogate factory. See Notice of Final accordance with section 772(c) of the ≥ Act. Country section of this notice. Determination of Sales at Less Than With the exceptions of the whole live Fair Value: Collated Roofing Nails From Normal Value crawfish input and the crawfish shell the People’s Republic of China, 62 FR scrap by–product, we valued the factors 1. Surrogate Country 51410 (October 1, 1997) (Roofing Nails). of production using publicly available When investigating imports from an information from India. We adjusted the Crawfish Shell Scrap NME country, section 773(c)(1) of the Indian import prices by adding foreign To value the by–product of crawfish Act directs the Department to base inland freight expenses to make them shell scrap, we used a price quote from normal value, in most circumstances, on delivered prices. For reasons which are Indonesia for wet crab and shrimp the NME producer’s factors of discussed below in more detail, the live shells, because (1) there is no Indian production valued in a surrogate crawfish input was valued using data suitable for valuing the crawfish market–economy country or countries Spanish import data and the crawfish scrap factor and (2) Indonesia is among considered to be appropriate by the shell scrap was valued using an the countries identified as an Department. In accordance with section Indonesian price quote. See Factor appropriate surrogate. See 773(c)(4) of the Act, in valuing the Values Memo. Memorandum to Barbara E. Tillman, factors of production, the Department In accordance with 19 CFR Director, Office of AD/CVD Enforcement shall use, to the extent practicable, the 351.301(c)(3)(ii), for the final results of VII, through Maureen Flannery, Program prices or costs of factors of production an administrative review and a new Manager, from Christian Hughes and

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Adina Teodorescu, Case Analysts: the Wholesale Price Index (WPI) for Factory Overhead, SG&A, and Profit Surrogate Valuation of Shell Scrap: India, as published in the International Freshwater Crawfish Tail Meat from the Financial Statistics (IFS) by the To value factory overhead, selling, People’s Republic of China (PRC), International Monetary Fund (IMF). general, and administrative expenses (SG&A), and profit, we continued to use Administrative Review 9/1/00–8/31/01 Packing Material and New Shipper Reviews 9/1/00–8/31/ a simple average derived from the 01 and 9/1/00–10/15/01 (August 5, To value packing materials (plastic publicly available financial statements 2002) and Memorandum to file from bags, cardboard boxes and adhesive of four Indian seafood processing Barbara E. Tillman entitled Summary of tape), we relied upon the most recent companies. We applied these rates to Telephone Discussion with Official of Indian import data for the period as the calculated cost of manufacture. See Indo Chitosan International (July 15, reported in the World Trade Atlas. We Factor Values Memo, at 6. adjusted the values of packing materials 2002). These documents are included in Transportation Expenses Attachment 5 to the Factor Values to include freight costs incurred Memo. See also Surrogate Countries between the supplier and the factory. We valued movement expenses as Memo. For transportation distances used in the follows: to value truck freight expenses calculation of freight expenses on we used nineteen price quotes as Energy packing materials, we used the the reported in the February 14, 2000 issue Coal shorter of (a) the distances between the of the Indian publication, The Financial closest PRC port and the factory, or (b) Express, which was used in the To value coal, we relied upon Indian the distance between the domestic antidumping duty investigation of import data for steam coal from the supplier and the factory. (See Roofing certain circular welded carbon–quality internet version of the online Nails.) steel pipe from the PRC. See Notice of publication, World Trade Atlas. We Final Determination of Sales at Less adjusted the cost of coal to include an Labor than Fair Value: Certain Circular amount for transportation. To value For labor, we used the PRC Welded Carbon–Quality Steel Pipe from electricity, we used the average of the regression–based wage rate found on the People’s Republic of China , 67 FR total cost per kilowatt hour (KWH) for Import Administration’s home page, 36570 (May 24, 2002). We adjusted the ‘‘Electricity for Industry’’ as reported in Import Library, Expected Wages of rates to reflect inflation to the month of the International Energy Agency’s Selected NME Countries, revised in the sales of the finished product using publication, Key World Energy Statistics September 2003 (updated in February the WPI for India from the International (2003). For water, we relied upon public 2004). See http://www.ia.ita.doc.gov/ Financial Statistics (IFS) by the information from the October 1997 wages/01wages/01wages.html Because International Monetary Fund (IMF). Second Water Utilities Data Book: Asian of the variability of wage rates in and Pacific Region, published by the countries with similar per capita gross Currency Conversion Asian Development Bank. domestic products, section 351.408(c)(3) of the Department’s regulations require We made currency conversions Water the use of a regression–based wage rate. pursuant to section 351.415 of the To achieve comparability of water The source of these wage rate data on Department’s regulations at the rates prices to the factor reported for the the Import Administration’s web site is certified by the Federal Reserve Bank. crawfish tail meat processing period the Year Book of Labour Statistics 2002, Preliminary Results of Review applicable to the company under International Labour Organization (ILO), review, we adjusted this factor value to (Geneva: 2002), Chapter 5B: Wages in We preliminarily determine that the reflect inflation during the POR using Manufacturing. following dumping margin exists:

Exporter/Manufacturer Time Period Margin

Shanghai Ocean Flavor International Trading Co., Ltd./ ...... 9/1/02–2/28/03 45.70% Jiangxi Quanfu Aquatic Food Product Co., Ltd..

Cash Deposit Requirements Crawfish from the PRC, dated August currently 223.01 percent, as the cash 27, 2001. This cash deposit rate will be deposit rate. Upon completion of the review, effective upon publication of the final Assessment Rates bonding will no longer be permitted and results of this new shipper review for all cash deposits will be required. If the shipments of freshwater crawfish tail Upon completion of this new shipper final results of the review remain the meat from the PRC exported by review, the Department shall determine, same as the preliminary results, the cash Shanghai Ocean Flavor that were and the U.S. Customs and Border deposit rate for shipments exported by produced by Jiangxi Quanfu and Protection (CBP) shall assess, Shanghai Ocean Flavor that were entered, or withdrawn from warehouse, antidumping duties on all appropriate produced by Jiangxi Quanfu will be the for consumption on or after the date of entries. The Department will issue total amount of antidumping duties publication, as provided for by section appraisement instructions directly to divided by the total quantity exported 751(a)(2)(C) of the Act. This per the CBP upon completion of this review. during the POR. See Memorandum to kilogram cash deposit rate will be For assessment purposes, we calculated file dated February 24, 2002, which equivalent to the company–specific importer–specific assessment rates for places on the record of this review the dumping margin established in this freshwater crawfish tail meat from the Memorandum to Barbara E. Tillman review. For crawfish tail meat exported PRC. We divided the total dumping through Maureen Flannery, from Mark by Shanghai Ocean Flavor, but not margins (calculated as the difference Hoadley: Collection of Cash Deposits produced by Jiangxi Quanfu, we will between NV and EP) for the importer by and Assessment of Duties on Freshwater apply the PRC–wide rate, which is the total quantity of subject

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merchandise sold to that importer time, date, and place of the hearing 48 the People’s Republic of China (PRC) in during the POR. Upon completion of hours before the scheduled time. response to a request from Hebei New this review, we will direct CBP to assess Unless the time limit is extended, the Donghua Amino Acid Co. Ltd. (New antidumping duties on a per kilogram Department will issue the final results Donghua). The period of review (POR) basis equivalent to the company– of this new shipper review no later than is March 1, 2002, through February 28, specific dumping margin established in 90 days after the signature date of the 2003. The preliminary results are listed this review for each entry of subject preliminary results. The final results below in the ‘‘Preliminary Results of merchandise made by the importer will include the analysis of issues raised Review’’ section. Interested parties are during the POR that was produced by in the briefs. invited to comment on these Jiangxi Quanfu and exported by Notification to Importers preliminary results. (See the Shanghai Ocean Flavor during the POR. ‘‘Preliminary Results of Review’’ section The Department will issue appropriate At the completion of this new shipper of this notice.) review, the Department will notify the assessment instructions directly to CBP EFFECTIVE DATE: CBP that bonding will no longer be March 2, 2004. within 15 days of publication of the FOR FURTHER INFORMATION CONTACT: final results of review. permitted to fulfill security requirements for shipments exported by Christian Hughes or Matthew Renkey, Schedule for Final Results of Review Shanghai Ocean Flavor and produced Office of AD/CVD Enforcement VII, by Jiangxi Quanfu of freshwater Import Administration, International Pursuant to19 CFR 351.224(b), the crawfish tail meat from the PRC that are Trade Administration, U.S. Department Department will disclose calculations entered, or withdrawn from warehouse, of Commerce, 14th Street and performed in connection with the for consumption in the United States on Constitution Avenue, NW, Washington, preliminary results of this review within or after the publication of the final DC 20230; telephone: (202) 482–0190 or five days of the date of publication of results in the Federal Register, and that (202) 482–2312, respectively. this notice. Any interested party may a cash deposit should be collected for request a hearing within 30 days of Background any entries exported by Shanghai Ocean publication of this notice in accordance Flavor. On March 29, 1995, the Department with section 351.310(c) of the This notice also serves as a published in the Federal Register an Department’s regulations. Any hearing preliminary reminder to importers of antidumping duty order on glycine from would normally be held 37 days after their responsibility under 351.402(f) of the PRC. See Antidumping Duty Order: the publication of this notice, or the first the Department’s regulations to file a Glycine from the People’s Republic of workday thereafter, at the U.S. certificate regarding the reimbursement China, 60 FR 16116 (March 29, 1995). In Department of Commerce, 14th Street of antidumping duties prior to accordance with section 351.214(b) of and Constitution Avenue N.W., liquidation of the relevant entries the Department’s regulations, on March Washington, DC 20230. Individuals who during these review periods. Failure to 26, 2003, the Department received a wish to request a hearing must submit comply with this requirement could timely request for a new shipper review a written request within 30 days of the result in the Secretary’s presumption from New Donghua. On May 6, 2003, publication of this notice in the Federal that reimbursement of antidumping the Department published its initiation Register to the Assistant Secretary for duties occurred and the subsequent of this new shipper review for the Import Administration, U.S. Department assessment of double antidumping period March 1, 2002, through February of Commerce, Room 1870, 14th Street duties. 28, 2003. See Glycine from the People’s and Constitution Avenue, NW., This new shipper review and this Republic of China: Initiation of Washington, DC 20230. Requests for a notice are published in accordance with Antidumping New Shipper Review, 68 public hearing should contain: (1) the sections 751(a)(2)(B) and 777 (I)(1) of FR 23962. party’s name, address, and telephone the Act. On May 20, 2003, we issued a number; (2) the number of participants; questionnaire to New Donghua. On July Dated: February 24, 2004. and, (3) to the extent practicable, an 10, 2003, New Donghua submitted identification of the arguments to be James J. Jochum, copies of the Chinese laws and raised at the hearing. Assistant Secretary for Import regulations that apply to the export Unless otherwise notified by the Administration. activities of New Donghua. On July 10, Department, interested parties may [FR Doc. 04–4614 Filed 3–1–04; 8:45 am] 2003, we received New Donghua’s submit case briefs within 30 days of the BILLING CODE 3510–DS–S response to Sections A, C, and D of the date of publication of this notice in Department’s questionnaire. accordance with 351.309(c)(ii) of the Due to the complex nature of the case, DEPARTMENT OF COMMERCE Department’s regulations. As part of the on November 4, 2003, the Department case brief, parties are encouraged to International Trade Administration decided to extend the time limit for the provide a summary of the arguments not completion of the preliminary results to to exceed five pages and a table of A–570–836 300 days after the date of initiation, in statutes, regulations, and cases cited. accordance with section 751(a)(2)(B)(iv) Notice of Preliminary Results of Rebuttal briefs, which must be limited of the Tariff Act of 1930, as amended Antidumping Duty New Shipper to issues raised in the case briefs, must (the Act), and section 351.214(i)(2) of Review: Glycine from the People’s be filed within five days after the case the Department’s regulations. See Republic of China brief is filed. If a hearing is held, an Glycine from the People’s Republic of interested party may make an AGENCY: Import Administration, China: Notice of Extension of Time affirmative presentation only on International Trade Administration, Limit for Preliminary Results of arguments included in that party’s case Department of Commerce. Antidumping Duty New Shipper Review, brief and may make a rebuttal SUMMARY: The Department of Commerce 68 FR 62430 (November 4, 2003). On presentation only on arguments (the Department) is conducting a new November 26, 2003, we issued a included in that party’s rebuttal brief. shipper review (NSR) of the supplemental questionnaire to New Parties should confirm by telephone the antidumping duty order on glycine from Donghua. We received the response to

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the supplemental questionnaire on addition to producing its own industrial questionnaire, the Department asked December 19, 2003. On December 31, grade glycine, it also purchased New Donghua to provide production 2003, the Department sent New industrial grade glycine from one of its and FOP data for the POR. Prior to the Donghua a second supplemental related companies. Company officials verification, the Department had no questionnaire and released the provided the total amount of industrial means of determining whether the FOP verification outline. On January 7, 2004, grade glycine purchased from its related data submitted by New Donghua was we received New Donghua’s second company during the POR. However, this complete, and therefore could not supplemental response. On February 5, information was not reported in New inform the respondent that its response 2004, we sent New Donghua a third Donghua’s original response to the was deficient. On the other hand, New supplemental questionnaire, which Department’s questionnaire, nor in any Donghua could have acquired the included a request for information from subsequent supplemental questionnaire necessary FOP information for the New Donghua’s U.S. importer. We response. Thus, New Donghua’s industrial grade glycine it purchased. In received the response to the responses were incomplete because it addition, New Donghua had ample supplemental questionnaire on February failed throughout to report the factors of opportunities to report that it purchased 12, 2004. We have not had sufficient production for the factory from which industrial grade glycine and, in doing time to consider this response for New Donghua purchased the industrial so, New Donghua could have reported purposes of these preliminary results; grade glycine. complete FOP data for industrial grade however, we will evaluate the Sections 776(a)(2)(A) and 776(a)(2)(B) glycine prior to verification. However, information contained therein for the of the Act provide for the use of facts New Donghua did not report this purposes of the final results of this new available when an interested party information. shipper review. withholds information that has been Section 782(e) of the Act states that SUPPLEMENTARY INFORMATION: requested by the Department, or when the Department shall not decline to an interested party fails to provide the consider information deemed Scope of the Antidumping Duty Order information requested in a timely ‘‘deficient’’ under section 782(d) if: (1) The product covered by this manner and in the form required. New the information is submitted by the antidumping duty order is glycine, Donghua failed to provide accurate and established deadline; (2) the information which is a free–flowing crystalline complete factor values for the POR in a can be verified; (3) the information is material, like salt or sugar. Glycine is timely manner. not so incomplete that it cannot serve as produced at varying levels of purity and Section 782(c)(1) of the Act provides a reliable basis for reaching the is used as a sweetener/taste enhancer, a that if an interested party ‘‘promptly applicable determination; (4) the buffering agent, reabsorbable amino after receiving a request from {the interested party has demonstrated that it acid, chemical intermediate, and a metal Department} for information, notifies acted to the best of its ability; and (5) complexing agent. Glycine is currently {the Department} that such party is the information can be used without classified under subheading unable to submit the information undue difficulties. From the time it 2922.49.4020 of the Harmonized Tariff requested in the requested form and received the original questionnaire until Schedule of the United States (HTSUS). manner,’’ the Department may modify verification, New Donghua had ample This order covers glycine of all purity the requirements to avoid imposing an time to submit accurate and complete levels. unreasonable burden on that party. FOP information for glycine. However, Throughout the course of this review, New Donghua never reported, at any Verification New Donghua had several opportunities point in the proceeding, that it had As provided in section 782(i) of the to correct the reported data. However, at purchased industrial grade glycine from Act, we conducted verification of the no time, prior to the verification, did one of its related companies and, questionnaire responses of New New Donghua notify the Department consequently, failed to report a Donghua. We used standard verification that it had any difficulty in obtaining complete and accurate FOP data for its procedures, including on–site accurate and complete factors of glycine. inspection of the production and sales production (FOP) information for the New Donghua did not act to the best facilities, and an examination of relevant POR. At no point during the of its ability to comply and report all relevant sales and financial records. Our review did New Donghua seek guidance necessary data in response to the verification results are outlined in the on alternative reporting requirements, or Department’s requests for information; New Shipper Review of Glycine from the propose an alternate form for submitting New Donghua should have been able to People’s Republic of China: Sales and the required data, as contemplated in report complete and accurate FOP data. Factors Verification Report for Hebei section 782(c)(1) of the Act. New Donghua’s failure to provide New Donghua Amino Acid Co., Ltd., Section 782(d) of the Act provides essential information, namely, complete dated February 23, 2004. A public that, if the Department determines that and accurate FOP data for industrial version of this report is on file in the a response to a request for information grade glycine it purchased, hindered the Central Records Unit located in room B– does not comply with the request, the Department’s ability to accurately 099 of the Main Commerce Building. At Department will inform the person calculate a dumping margin. Thus, the verification, certain information on submitting the response of the nature of information that New Donghua reported related companies was presented to the the deficiency and shall, to the extent for its FOP data for industrial grade Department for the first time. While we practicable, provide that person the glycine is incomplete. At no time did have not been able to fully analyze this opportunity to remedy or explain the New Donghua report that it purchased information for purposes of the deficiency. If that person submits industrial grade glycine or report that it preliminary results, we intend to fully further information that continues to be had trouble obtaining or submitting a examine this information for the final unsatisfactory, or this information is not complete and accurate FOP data. results. submitted within the applicable time Section 776(b) of the Act provides limits, the Department may, subject to that, in selecting from among the facts Application of Facts Available section 782(e), disregard all or part of available, the Department may use an At verification, New Donghua the original and subsequent responses, inference that is adverse to the interests reported, for the first time, that, in as appropriate. In its original of the respondent, if it determines that

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a party has failed to cooperate to the from the People’s Republic of China: export prices independently of the best of its ability. In applying the facts Hebei New Donghua Amino Acid Co., government and without the approval of otherwise available, the Department Ltd. (New Donghua),’’ dated February a government authority; 2) whether each finds that an adverse inference is 24, 2004. exporter retains the proceeds from its warranted, pursuant to section 776(b) of sales and makes independent decisions Separate Rates the Act, because the Department has regarding the disposition of profits or determined that New Donghua has The Department has treated the PRC financing of losses; 3) whether each failed to cooperate to the best of its as a non–market-economy (NME) exporter has the authority to negotiate ability. New Donghua did not report country in all past antidumping and sign contracts and other significant data regarding its FOP. investigations (see, e.g., Notice of Final agreements; and 4) whether each Furthermore, the Department issued, in Determination of Sales at Less Than exporter has autonomy from the all, three supplemental requests for Fair Value: Bulk Aspirin From the government regarding the selection of information to New Donghua, which People’s Republic of China, 65 FR 33805 management. required New Donghua to examine the (May 25, 2000), and Notice of Final De Jure Control information it had submitted to the Determination of Sales at Less Than Department. Nevertheless, on none of Fair Value: Certain Non–Frozen Apple With respect to the absence of de jure these three occasions did New Donghua Juice Concentrate from the People’s government control over the export ever report that it purchased industrial Republic of China, 65 FR 19873 (April activities of the company reviewed, grade glycine or revise its FOP data to 13, 2000)), and in prior segments of this evidence on the record supports the reflect the FOP of this purchased proceeding. A designation as an NME claim made by New Donghua that its industrial grade glycine, nor did it remains in effect until it is revoked by export activities are not controlled by indicate that it had not included this the Department. See section 771(18)(C) the government. New Donghua information. We therefore determine of the Act. Accordingly, there is a submitted evidence of its legal right to that New Donghua did not cooperate to rebuttable presumption that all set prices independently of all the best of its ability within the meaning companies within the PRC are subject to government oversight. The business of 776(b) of the Act, and the application government control and, thus, should be license of New Donghua indicates that of adverse facts available is warranted. assessed a single antidumping duty rate. the company is permitted to engage in Although the failure to report that it It is the Department’s standard policy the exportation of glycine. We found no purchased industrial grade glycine and to assign all exporters of the evidence of de jure government control its failure to report a complete and merchandise subject to review in NME restricting this company’s exportation of accurate FOP data for industrial grade countries a single rate unless an glycine. glycine purchased warrants the exporter can affirmatively demonstrate There are no export quotas that apply application of adverse facts available, an absence of government control, both to glycine. The Administrative we do not find that the application of in law (de jure) and in fact (de facto), Regulations of the People’s Republic of total adverse facts available is with respect to exports. To establish China for Controlling the Registration of appropriate since New Donghua whether a company is sufficiently Enterprises as Legal Persons (Legal responded to the Department’s independent to be eligible for a separate, Persons Law), issued on June 13, 1988 questionnaires; New Donghua allowed company–specific rate, the Department by the State Administration for Industry for verification; its reported sales analyzes each exporting entity in an and Commerce of the PRC, the Company information was verified; and the FOP NME country under the test established Law of the People’s Republic of China for glycine produced in its own factory in the Final Determination of Sales at (Company Law), adopted by the were verified. See New Donghua Less than Fair Value: Sparklers from the National People’s Congress, Verification Report. As such, the People’s Republic of China, 56 FR 20588 promulgated by the President on Department has determined that partial (May 6, 1991) (Sparklers), as amplified December 29, 1993 and effective on July adverse facts available should be by the Notice of Final Determination of 1, 1994, and the Foreign Trade Law of applied to account for New Donghua not Sales at Less Than Fair Value: Silicon the People’s Republic of China (Foreign reporting that it purchased industrial Carbide from the People’s Republic of Trade Law), adopted by the National grade glycine from a related company China, 59 FR 22585 (May 2, 1994) People’s Congress, promulgated by the nor reporting complete and accurate (Silicon Carbide). President on May 12, 1994 and effective FOP data for purchased industrial grade Under this policy, exporters in NME on July 1, 1994, provided in the record glycine. countries are eligible for separate, of this review, all indicate a lack of de As partial adverse facts available, we company–specific margins when they jure government control over privately– are applying the highest monthly factor can demonstrate an absence of owned companies, such as New usage rates that were reported by New government control, in law and in fact, Donghua. They demonstrate that control Donghua, and multiplying those by their with respect to export activities. over the company rests with the corresponding surrogate values. In Evidence supporting, though not enterprise itself. The Legal Persons Law, addition, for those factors for which we requiring, a finding of de jure absence Company Law, and Foreign Trade Law used Indian import statistics from the of government control over export provide that, to qualify as legal entities, World Trade Atlas as surrogate values, activities includes: 1) an absence of companies must have the ‘‘ability to we are using the highest non– restrictive stipulations associated with bear civil liability independently’’ and aberrational monthly data from the POR. an individual exporter’s business and the right to control and manage their For monochloroacetic acid, we used the export licenses; 2) any legislative businesses. These laws also state that, as highest reported price during the POR enactments decentralizing control of an independent legal entity, a company from Chemical Weekly. These measures companies; and 3) any other formal is responsible for its own profits and are applied to the production of measures by the government losses. See Notice of Final industrial grade glycine. For further decentralizing control of companies. De Determination of Sales at Less Than details, see the memorandum entitled facto absence of government control Fair Value; Manganese Metal from the ‘‘Analysis for the Preliminary Results of over exports is based on four factors: 1) People’s Republic of China, 60 FR 56045 the New Shipper Review of Glycine whether each exporter sets its own (November 6, 1995) (Manganese Metal).

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At verification, company officials results of review. For a discussion of our using a factors–of-production provided New Donghua’s business analysis see Memorandum to the File methodology if (1) the merchandise is license and they demonstrated that it through Maureen Flannery from exported from an NME country, and (2) was granted in accordance with these Matthew Renkey entitled Bona Fide available information does not permit laws. See New Donghua Verification Nature of the Sale in the New Shipper the calculation of NV using home– Report at 4. Compliance with these laws Review of Hebei New Donghua Amino market prices, third–country prices, or supports a finding of de jure absence of Acid Co., Ltd., dated February 24, 2004. constructed value under section 773(a) central control. Therefore, we A public version of this memo is on file of the Act. Factors of production preliminarily determine that there is an in the Central Records Unit located in include the following elements: (1) absence of de jure control with respect room B–099 of the Main Commerce hours of labor required, (2) quantities of to New Donghua. Building. raw materials employed, (3) amounts of We based the United States price on energy and other utilities consumed, De Facto Control export price (EP), in accordance with and (4) representative capital costs. We With respect to the absence of de section 772(a) of the Act, because the valued all the input factors using facto control over export activities, the first sale to an unaffiliated purchaser publicly available information. information submitted on the record was made prior to importation, and In accordance with section and reviewed at verification indicates constructed export price (CEP) was not 351.301(c)(3)(ii) of the Department’s that the management of New Donghua is otherwise warranted by the facts on the regulations, for the final results of an responsible for the determination of record. We calculated EP based on the administrative review and a new export prices, profit distribution, packed price from the exporter to the shipper review, interested parties may marketing strategy, and contract first unaffiliated purchaser in the United submit publicly available information to negotiations. Our analysis indicates that States. We deducted foreign inland value the factors of production no later there is no government involvement in freight expenses from the starting price than 20 days following the date of the daily operations or the selection of (gross unit price) in accordance with publication of these preliminary results. management for this company. In section 772(c) of the Act. 3. Factor Valuations addition, we have found that the respondent’s pricing and export strategy Normal Value As discussed above, we are applying partial adverse facts available to decisions are not subject to the review 1. Surrogate Country or approval of any outside entity, and determine factor values and FOP for that there are no governmental policy When investigating imports from an industrial grade glycine production. For directives that affect these decisions. NME country, section 773(c)(1) of the the FOP, we used the highest monthly There are no restrictions on the use of Act directs the Department to base factor usage reported by New Donghau. export earnings. The general manager of normal value, in most circumstances, on We applied surrogate values to the FOP New Donghua has the authority to the NME producer’s factors of to determine NV, and where the negotiate, set prices and enter into production valued in a surrogate information was available, we used the contracts, and may delegate this market–economy country or countries highest non–aberrational surrogate authority to employees within the considered to be appropriate by the value identified during the POR. We company.1 There is no evidence that Department. In accordance with section valued the factors of production as this authority is subject to any level of 773(c)(4) of the Act, in valuing the follows: factors of production, the Department governmental approval. New Donghua Materials and Energy stated that its management is selected shall use, to the extent practicable, the by the shareholders and there is no prices or costs of factors of production To value chloroacetic acid (also government involvement in the in one or more market–economy known as monochloroacetic acid), we selection process. Consequently, countries that are at a level of economic used the highest price concurrent with because evidence on the record development comparable to the NME the POR as reported in Chemical indicates an absence of government country and are significant producers of Weekly. To value liquid ammonia, control, both in law and in fact, over the comparable merchandise. The sources formaldehyde, and methanol, we used company’s activities, we preliminarily of the surrogate factor values are the highest non–aberrational monthly determine that a separate rate should be discussed under the ‘‘Factor import value derived from Indian applied to New Donghua. Valuations’’ section below. import statistics in the World Trade We calculated normal value based on Atlas for the period March 2002 through Normal Value Comparisons factors of production in accordance with February 2003. To value activated To determine whether the section 773(c)(4) of the Act and section carbon and hydrogen peroxide, we used respondent’s sale of the subject 351.408(c) of our regulations. Consistent the weighted–average unit import value merchandise to the United States was with the original derived from Indian import statistics in made at a price below normal value investigation of this order, we the World Trade Atlas for the period (NV), we compared its United States determined that India (1) is comparable March 2002 through February 2003. To Price to NV, as described in the ‘‘United to the PRC in level of economic value electricity, we used the total cost States Price’’ and ‘‘Normal Value’’ development, and (2) is a significant per kilowatt hr (KWH) for ‘‘Electricity sections of this notice. producer of comparable merchandise.2 for Industry’’ as reported in the International Energy Agency’s 2. Factors of Production United States Price publication, Key World Energy Based on the information we have Section 773(c)(1) of the Act provides Statistics, 2003. For water, we relied gathered to date, we preliminarily find that the Department shall determine NV upon public information from the New Donghua’s sale to be bona fide. October 1997 Second Water Utilities However, we will continue to analyze 2 See Surrogate Values Used for the Preliminary Data Book: Asian and Pacific Region, Results of the Antidumping Duty New Shipper this issue for purposes of the final Review of Glycine from the People’s Republic of published by the Asian Development China, dated February 24, 2004 (Factor Values Bank. To value steam, we used a 1 See New Donghua Verification Report at 5. Memo). calculated per metric ton value for low–

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pressure steam based on publicly NME Countries, revised in September Transportation Expenses available company data as was used in 2003 and updated in February 2004. See To value truck freight expenses, we Hot–Rolled Steel from the People’s http://www.ia.ita.doc.gov/wages/ used Indian freight rates as reported in Republic of China: Preliminary 01wages/01wages.html Because of the the February 14, 2000 issue of The Determination of Sales at Less than Fair variability of wage rates in countries Financial Express (an Indian business Value, 66 FR 22183 (May 3, 2001). with similar per capita gross domestic publication), which were used in the To achieve comparability of steam products, section 351.408(c)(3) of the and water prices to the factors reported antidumping duty investigation of Department’s regulations requires the certain circular welded carbon–quality for the POR, we adjusted these factor use of a regression–based wage rate. The values to reflect inflation through the steel pipe from the PRC. See Notice of source of these wage rate data on the Final Determination of Sales at Less POR using the Wholesale Price Index Import Administration’s web site is the (WPI) for India, as published in the 2003 than Fair Value: Certain Circular Yearbook of Labour Statistics 2002, Welded Carbon–Quality Steel Pipe from International Financial Statistics (IFS) International Labour Office (Geneva: by the International Monetary Fund the People’s Republic of China, 67 FR 2002), Chapter 5B: Wages in 36570 (May 24, 2002) (China Pipe). We (IMF). Manufacturing. To value packing materials (inner adjusted the rates to reflect inflation plastic bags, outer woven bags, and Factory Overhead, SG&A, and Profit through the POR using the WPI for India nylon thread), we used the weighted– from the IFS. To value factory overhead, selling, average unit import value derived from Currency Conversion Indian import statistics in the World general, and administrative expenses Trade Atlas for the period March 2002 (SG&A), and profit, we used financial We made currency conversions through February 2003. information from the 2001–2002 pursuant to section 351.415 of the financial statement of an Indian Department’s regulations at the rates Labor pharmaceutical producer, Torrent certified by the Federal Reserve Bank. For labor, we used the PRC Pharmaceuticals Limited (Torrent). We Preliminary Results of Review regression–based wage rate at Import applied these rates to the calculated cost Administration’s home page, Import of manufacture. See Factor Values We preliminarily determine that the Library, Expected Wages of Selected Memo. following dumping margin exists:

Manufacturer/Exporter Time Period Margin

Hebei New Donghua Amino Acid Co., Ltd...... 3/1/02–2/28/03 8.89%

Cash Deposit Requirements glycine from the PRC. We divided the than five days after the time limit for total dumping margins (calculated as filing case briefs. Parties who submit Upon completion of the review, the difference between NV and EP) for arguments in this proceeding are bonding will no longer be permitted. If the importer by the total quantity of requested to submit with the argument: these preliminary results are not subject merchandise sold to that (1) a statement of the issues, and (2) a modified in the final results of this importer during the POR. Upon the brief summary of the argument. Case review, a cash deposit rate of 8.89 completion of this review, we will and rebuttal briefs must be served on percent will be effective upon direct CBP to assess antidumping duties interested parties in accordance with publication of the final results of this on a per kilogram basis equivalent to the section 351.303(f) of the Department’s new shipper review for all shipments of company–specific dumping margin regulations. glycine from the PRC produced and established in this review for each entry Also, pursuant to section 351.310 of exported by New Donghua and entered, of subject merchandise made by New the Department’s regulations, within 30 or withdrawn from warehouse, for Donghua during the POR. The days of the date of publication of this consumption on or after publication Department will issue appropriate notice, interested parties may request a date, as provided for by section assessment instructions directly to CBP public hearing on arguments to be 751(a)(2)(c) of the Act. This cash deposit within 15 days of publication of the raised in the case and rebuttal briefs. rate will only be effective for final results of review. Unless the Secretary specifies merchandise that is both produced and otherwise, the hearing, if requested, will Schedule for Final Results of Review exported by New Donghua. If New be held two days after the date for Donghua exports merchandise produced Pursuant to section 351.224(b) of the submission of rebuttal briefs. Parties by any other company, the applicable Department’s regulations, the will be notified of the time and location. cash deposit rate will be the PRC–wide Department will disclose to parties to The Department will issue the final rate, which is currently 155.89 percent. the proceeding any calculations results of this new shipper review, Assessment Rates performed in connection with these which will include the results of its preliminary results within five days of analysis of issues raised in the briefs, Upon completion of this new shipper the date of publication of this notice. within 90 days from the date of review, the Department shall determine, Pursuant to section 351.309 of the signature of these preliminary results, and U.S. Customs and Border Protection Department’s regulations, interested unless the time limit is extended. (CBP) shall assess, antidumping duties parties may submit written comments in on all appropriate entries. The response to these preliminary results. Notification to Importers Department will issue appraisement Normally, case briefs are to be At the completion of this new shipper instructions directly to CBP upon submitted within 30 days of the date of review, the Department will notify the completion of this review. For publication of this notice, and rebuttal CBP that bonding will no longer be assessment purposes, we will calculate briefs, limited to arguments raised in permitted to fulfill security importer–specific assessment rates for case briefs, are to be submitted no later requirements for shipments of glycine

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from the PRC exported and produced by should be listed under the ESA. NMFS to prepare a final scientific document on New Donghua that are entered, or has reconvened a Biological Review Southern Resident killer whales (NMFS, withdrawn from warehouse, for Team (BRT) to consider the most recent 2002). consumption in the United States on or scientific and commercial information After conducting the status review, after the publication of the final results available on Southern Resident killer NMFS determined that listing Southern in the Federal Register, and that a cash whales in this re-evaluation. NMFS is Resident killer whales as a threatened or deposit should be collected for any requesting that interested parties submit endangered species was not warranted entries produced and exported by New pertinent information to assist NMFS because Southern Resident killer whales Donghua. with updating its status review. did not constitute a species as defined This notice also serves as a DATES: Information must be received by by the ESA. The finding was announced preliminary reminder to importers of May 3, 2004. their responsibility under 351.402(f) of on July 1, 2002 (67 FR 44133), and the ADDRESSES: Information on this action notice contained additional information the Department’s regulations to file a should be submitted to Chief, Protected certificate regarding the reimbursement on the finding, including DPS status of Resources Division, NMFS, 525 NE Southern Residents under existing killer of antidumping duties prior to Oregon Street, Suite 500, Portland, OR liquidation of the relevant entries whale taxonomy and the conclusions of 97232. Information may also be the BRT. The status review and other during these review periods. Failure to submitted electronically by sending an comply with this requirement could documents supporting the finding are e-mail message to available on the Internet (see Electronic result in the Secretary’s presumption [email protected]. that reimbursement of antidumping Access) or from NMFS (see ADDRESSES). duties occurred and the subsequent FOR FURTHER INFORMATION CONTACT: Mr. Along with the finding, NMFS assessment of double antidumping Garth Griffin, Northwest Regional announced that it would reconsider the duties. Office, NMFS, Portland, OR (503) 231– taxonomy of killer whales within 4 This new shipper review and this 2005, or Dr. Thomas Eagle, Office of years. notice are published in accordance with Protected Resources, NMFS, Silver The scientific information evaluated sections 751(a)(2)(B) and 777 (i)(1) of Spring, MD (301) 713–2322, ext. 105. during the ESA status review indicated the Act. SUPPLEMENTARY INFORMATION: that Southern Resident killer whales Dated: February 24, 2004. Electronic Access may be depleted under the Marine Mammal Protection Act (MMPA). NMFS James J. Jochum, A list of the references used in this initiated consultation with the Marine Assistant Secretary for Import notice and other information related to Mammal Commission (Commission) in Administration. this stock of killer whales is available on a letter dated June 25, 2002 and [FR Doc. 04–4613 Filed 3–1–04; 8:45 am] the Internet at:http:// published an advance notice of BILLING CODE 3510–DS–S www.nwr.noaa.gov/mmammals/whales/ proposed rulemaking (ANPR) on July 1, index.html 2002 (67 FR 44132) to request pertinent DEPARTMENT OF COMMERCE Background information regarding the status of the On May 2, 2001, NMFS received a stock and potential conservation National Oceanic and Atmospheric petition from the Center for Biological measures that may benefit these whales. Administration Diversity and 11 co-petitioners (CBD, After considering comments received in [I.D. 022004D] 2001a) to list Southern Resident killer response to the ANPR and from the whales as threatened or endangered Commission, NMFS published a Endangered and Threatened Wildlife under the ESA. On August 13, 2001, proposed rule to designate the Southern and Plants: Updated Status Review of NMFS provided notice of its Resident stock of killer whales as Eastern North Pacific Southern determination that the petition depleted (68 FR 4747, January 30, 2003) Resident Killer Whales presented substantial information that a and solicited comments on the proposal. Based on the best scientific information AGENCY: listing may be warranted and requested National Marine Fisheries available and consultation with the Service (NMFS), National Oceanic and information to assist with a status review to determine if Southern Commission, NMFS determined that the Atmospheric Administration (NOAA), Southern Resident stock of killer whales Commerce. Resident killer whales warranted listing under the ESA (66 FR 42499). To assist was depleted under the MMPA (68 FR ACTION: Status review; request for 31980, May 29, 2003) and announced its information. in the status review, NMFS formed a BRT comprised of scientists from the intentions to prepare a Conservation SUMMARY: Following receipt of a petition agency’s Alaska, Northwest, and Plan. to list of the eastern North Pacific Southwest Fisheries Science Centers. On December 18, 2002, the Center for Southern Resident stock of killer whales NMFS convened a meeting on Biological Diversity (and other (Orcinus orca) as threatened or September 26, 2001, to gather technical plaintiffs) initiated a lawsuit in U.S. endangered under the Endangered information from co-managers, District Court challenging NMFS’ not Species Act (ESA), NMFS conducted a scientists, and individuals having warranted finding. The U.S. District status review and determined that the research or management expertise Court for the Western District of petitioned action was not warranted at pertaining to killer whale stocks in the Washington issued an order on the time because Southern Resident north Pacific Ocean. Additionally, the December 17, 2003, which set aside killer whales did not constitute a BRT discussed its preliminary scientific NMFS’s not warranted finding and species, subspecies, or distinct finding with Tribal, State and Canadian remanded the matter back to NMFS for population segment (DPS) under the co-managers on March 25, 2002. The redetermination of whether the ESA. However, a court set aside NMFS’ BRT considered information from the Southern Resident killer whales should finding and remanded the matter back petition, the September and March be listed under the ESA. Pursuant to the to NMFS for re-evaluation of whether meetings, and comments submitted in court’s order, NMFS will make this the Southern Resident killer whales response to NMFS’ information request determination by December 17, 2004.

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Information Solicited changes within the species’ current and authorization (LOA) has been issued to For the original status review, NMFS historical range in the Eastern North the 30th Space Wing, U.S. Air Force to solicited information concerning the Pacific Ocean from California to Alaska. harass seals and sea lions incidental to status of killer whale populations world For areas potentially qualifying as rocket and missile launches on wide with emphasis in the Eastern critical habitat, NMFS requested Vandenberg Air Force Base (VAFB), North Pacific Ocean from California to information describing (1) the activities California. The LOA was issued on Alaska (66 FR 42499, August 13, 2001). that affect the area or could be affected February 25, 2004. Specifically, the agency requested by the designation, and (2) the economic ADDRESSES: The letter of authorization available information on: (1) historical costs and benefits of additional and supporting documentation are and current known ranges of resident requirements of management measures available for review during regular (fish eating) and transient (mammal- likely to result from the designation. business hours in the following offices: eating) killer whales; (2) spatial and Comments on Southern Resident killer Office of Protected Resources, NMFS, seasonal distribution with particular whales and critical habitat were 1315 East-West Highway, Silver Spring, focus on current and historical habitat received through October 12, 2001. MD 20910, and the Southwest Region, To ensure that the current status utilization; (3) genetic variability in NMFS, 501 West Ocean Boulevard, review update is comprehensive and resident, transient, and offshore killer Suite 4200, Long Beach, CA 90802. based on the best available data, NMFS whale populations; (4) demographic FOR FURTHER INFORMATION CONTACT: is soliciting information obtained since movements among resident or transient Kimberly Skrupky, Office of Protected October 2001 on the above topics, as killer whales; (5) trends in killer whale Resources, NMFS, (301) 713–2322, or well as information available on foraging habits and seasonal prey Monica DeAngelis, NMFS, (562) 980– resident, transient and offshore killer abundance; (6) trends in environmental 4023. whale (1) behavior; (2) communication; contamination by persistent organic SUPPLEMENTARY INFORMATION: (3) reproductive biology and dispersal Section pollutants (e.g., polychlorinated- patterns; (4) genetics; (5) skeletal and 101(a)(5)(A) of the MMPA (16 U.S.C. biphenyls (PCBs) including congener color pattern morphology; (6) potential 1361 et seq.) directs NMFS to allow, on specific data) as well as other impacts of additional human related request, the incidental, but not contaminants (e.g. toxic metals); (7) activities (e.g., marine noise, oil spills); intentional, taking of small numbers of contaminant burdens in prey species, and (7) cetacean taxonomy, as they marine mammals by U.S. citizens who especially salmonids; (8) impacts relate to the status of killer whales in engage in a specified activity (other than caused by human recreational activities the North Pacific and in a global commercial fishing) within a specified (e.g., whale watching, boating); (9) context. geographical region if certain findings historic removals of killer whales are made and regulations are issued. including human caused mortality References Under the MMPA, the term ‘‘taking’’ associated with live capture operations, A complete list of all references used means to harass, hunt, capture, or kill or military activities, or fisheries in this notice and other information to attempt to harass, hunt, capture or interactions; (10) current or planned related to the status of this stock of kill marine mammals. activities and their possible impacts on killer whales is available via the Internet Permission may be granted for periods this species (e.g., removals or habitat (see Electronic Access) or upon request up to 5 years if NMFS finds, after modifications); (11) efforts being made (see ADDRESSES). notification and opportunity for public to protect resident killer whales or comment, that the taking will have a improve their habitat; and (12) non- Dated: February 25, 2004. negligible impact on the species or human related factors that may have P. Michael Payne, stock(s) of marine mammals and will contributed to the recent decline of the Acting Director, Office of Protected Resources, not have an unmitigable adverse impact Southern Resident killer whale (i.e., National Marine Fisheries Service. on the availability of the species or climatic or oceanographic regime shifts, [FR Doc. 04–4610 Filed 3–1–04; 8:45 am] stock(s) for subsistence uses. In diseases, biotoxins). BILLING CODE 3510–22–S addition, NMFS must prescribe NMFS also requested information regulations that include permissible describing the quality and extent of methods of taking and other means marine habitats for Southern Resident DEPARTMENT OF COMMERCE effecting the least practicable adverse killer whales, as well as information on National Oceanic and Atmospheric impact on the species and its habitat areas that may qualify as critical habitat. Administration and on the availability of the species for Information on areas that include the subsistence uses, paying particular physical and biological features [I.D. 021904A] attention to rookeries, mating grounds, essential to the recovery of the species and areas of similar significance. The was requested. Essential features Taking and Importing Marine regulations must include requirements include, but are not limited to the Mammals; Taking Marine Mammals pertaining to the monitoring and following: (1) habitat for individual and Incidental to Rocket Launches reporting of such taking. Regulations population growth, and for normal AGENCY: National Marine Fisheries governing the taking of seals and sea behavior; (2) food, water, air, light, Service (NMFS), National Oceanic and lions incidental to missile and rocket minerals, or other nutritional or Atmospheric Administration (NOAA), launches, aircraft flight test operations, physiological requirements; (3) cover or Commerce. and helicopter operations at Vandenberg shelter; (4) sites for reproduction and ACTION: Notice of issuance of a Letter of Air Force Base, CA were published on rearing of offspring; and (5) habitats that Authorization. February 06, 2004 (69 FR 5720), and are protected from disturbance or are remain in effect until February 06, 2009. representative of the historic SUMMARY: In accordance with the Issuance of this letter of authorization geographical and ecological Marine Mammal Protection Act is based on a finding, made in the final distributions of the species. NMFS also (MMPA), as amended, and rulemaking, that the total takings will requested information and maps implementing regulations, notification have no more than a negligible impact describing natural and manmade is hereby given that a 1–year letter of on the seal and sea lion populations off

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the Vandenberg coast and on the states as well as NMFS, the U.S. Coast Council address: Mid-Atlantic Fishery Northern Channel Islands. Guard, and NOAA General Counsel. A Management Council, 300 S. New Dated: February 25, 2004. copy of the agenda and related materials Street, Dover, DE 19904, telephone: Laurie K. Allen, can be obtained by calling the Council 302–674–2331. office at 813–228–2815. FOR FURTHER INFORMATION CONTACT: Director, Office of Protected Resources, Although other non-emergency issues National Marine Fisheries Service. Daniel T. Furlong, Executive Director, not on the agendas may come before the [FR Doc. 04–4611 Filed 3–1–04; 8:45 am] Mid-Atlantic Fishery Management LEAP for discussion, in accordance with Council; telephone: 302–674–2331, ext. BILLING CODE 3510–22–S the Magnuson-Stevens Fishery 19. Conservation and Management Act SUPPLEMENTARY INFORMATION: DEPARTMENT OF COMMERCE (Magnuson-Stevens Act), those issues may not be the subject of formal action Tuesday, March 16, 2004 National Oceanic and Atmospheric during this meetings. Actions of the 10 a.m. until noon The Council will Administration LEAP will be restricted to those issues tour a local area Summer Flounder and specifically identified in the agenda and Black Sea Bass Mariculture Facility. [I.D. 022404B] any issues arising after publication of 1 p.m. to 3:30 p.m. The Research Set this notice that require emergency Aside Committee will meet. Gulf of Mexico Fishery Management action under Section 305(c) of the 3:30 p.m. to 5 p.m. The Executive Council; Public Meeting Magnuson-Stevens Act, provided the Committee will meet. AGENCY: National Marine Fisheries public has been notified of the Council’s 6:30 p.m. to 9 p.m. There will be a Service (NMFS), National Oceanic and intent to take action to address the New England Council Scoping Hearing Atmospheric Administration (NOAA), emergency. on its Omnibus Essential Fishing Habitat (EFH) Amendment. Commerce. Special Accommodations ACTION: Notice of public meeting. Wednesday, March 17, 2004 This meeting is physically accessible SUMMARY: The Gulf of Mexico Fishery to people with disabilities. Requests for 8 a.m. to 10 a.m. The Fisheries Issues Management Council will convene a sign language interpretation or other Focus Committee will meet. public meeting of the Law Enforcement auxiliary aids should be directed to 10 a.m. until 3:30 p.m. The Council Advisory Panel (LEAP). Trish Kennedy at the Council (see will meet. 4 p.m. to 8 p.m. The Council will visit DATES: This meeting will be held on ADDRESSES) by March 9, 2004. the Wrightsville Beach U.S. Coast Guard Tuesday, March 16, 2004 from 1 p.m. to Dated: February 25, 2004. (USCG) Station. 5 p.m. Peter H. Fricke, ADDRESSES: This meeting will be held at Acting Director, Office of Sustainable Thursday, March 18, 2004 the Holiday Inn Chateau LeMoyne, 301 Fisheries, National Marine Fisheries Service. 8 a.m. until noon The Council will Rue Dauphine, New Orleans, LA 70112; [FR Doc. 04–4607 Filed 3–1–04; 8:45 am] meet. telephone: 1–800–747–3279. BILLING CODE 3510–22–S Agenda items for the Council’s Council address: Gulf of Mexico committees and the Council itself are: Fishery Management Council, 3018 Describe and discuss the RSA program North U.S. Highway 301, Suite 1000, DEPARTMENT OF COMMERCE and 2005 Request for Proposal (RFP), Tampa, FL 33619. review RSA grants review/approval FOR FURTHER INFORMATION CONTACT: National Oceanic and Atmospheric process, discuss possible RSA program Richard Leard, Senior Fishery Biologist, Administration improvements, discuss how the RSA Gulf of Mexico Fishery Management [I.D. 022404C] program should be incorporated into Council; telephone: 813–228–2815. NMFS science and management SUPPLEMENTARY INFORMATION: The LEAP Mid-Atlantic Fishery Management programs; Review the Council’s will convene to review possible changes Council; Public Meetings selection criteria for industry advisors, to the NMFS 2005 commercial shark and address future committee items; AGENCY: fishing seasons. The LEAP will also National Marine Fisheries Discuss how slot sizes may be used in review scoping documents that would Service (NMFS), National Oceanic and recreational fisheries, address using potentially limit access in the Atmospheric Administration (NOAA), market forces to mitigate impacts of commercial king mackerel and reef fish Commerce. restrictive fishery regulations, discuss fisheries to replace the existing ACTION: Notice of public meeting. Marine Recreational Fishery Statistics moratoria. A scoping document that Survey (MRFSS) Program and its SUMMARY: The Mid-Atlantic Fishery implications for future, review and would potentially allow marine Management Council (Council) and its discuss Council’s October 2003 action aquaculture will also be reviewed along Research Set Aside (RSA) Committee, regarding summer flounder petition; with a scoping document to potentially Executive Committee, and Fisheries Review Framework 5 options regarding extend the existing moratorium on the Issues Focus Committee will hold multi-year setting of specifications for issuance of new charter vessel permits. public meetings. The LEAP will also review draft summer flounder, scup and black sea DATES: amendments that would establish The meetings will be held bass; Receive a presentation on seafood rebuilding plans for red snapper and Tuesday, March 16, through Thursday, labeling and an overview of current SUPPLEMENTARY vermilion snapper in the Gulf, and March 18, 2004. See USCG operations and issues; the scoping options for a variety of INFORMATION for specific dates and Council will also receive and discuss management measures pertaining to the times. organizational and committee reports Coastal Migratory Pelagics Fishery ADDRESSES: This meeting will be held at including the New England Council’s Management Plan. the Shell Island Resort Hotel, 2700 N. report regarding possible actions on The LEAP consists of principal law Lumina Avenue, Wrightsville Beach, herring, groundfish, monkfish, red crab, enforcement officers in each of the Gulf NC; telephone: 910–256–8696. scallops, skates, and whiting, the South

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Atlantic Council report, and act on any Place: The meeting will be held both DoD contractors and seeks public new and/or old business. days at the Key Bridge Marriott Hotel, comments on the provision thereof. Although non-emergency issues not 1401 Lee Highway, Arlington, VA. Comments are invited on: (a) Whether contained in this agenda may come Status: The meeting will be open to the proposed collection shall have before the Council for discussion, these public participation with a 30-minute practical utility; (b) the accuracy of the issues may not be the subject of formal time period set aside on Tuesday, March agency’s estimate of the burden of the Council action during this meeting. 16, for direct verbal comments or information to be collected; (c) ways to Council action will be restricted to those questions from the public. The SAB enhance the quality, utility and clarity issues specifically listed in this notice expects that public statements presented of the information to be collected; and and any issues arising after publication at its meetings will not be repetitive of (d) ways to minimize the burden of the of this notice that require emergency previously submitted verbal or written information collection on respondents, action under section 305(c) of the statements. In general, each individual including through the use of automated Magnuson-Stevens Act, provided the or group making a verbal presentation collection techniques or other forms of public has been notified of the Council’s will be limited to a total time of five (5) information technology. intent to take final actions to address minutes. Written comments (at least 35 DATES: Consideration will be given to all such emergencies. copies) should be received in the SAB comments received by April 29, 2004. Executive Director’s Office by March 8, Special Accommodations ADDRESSES: Written comments and 2004, to provide sufficient time for SAB recommendations on the proposed These meetings are physically review. Written comments received by information collection should be sent to accessible to people with disabilities. the SAB Executive Director after March Defense Security Service, Chief Program Requests for sign language 8, 2004, will be distributed to the SAB, Integration Branch, ATTN: Mr. Richard interpretation or other auxiliary aids but may not be reviewed prior to the L. Lawhorn, 1340 Braddock Place, should be directed to Joanna Davis at meeting date. Approximately thirty (30) Alexandria, VA 22314–1650. the Council (see ADDRESSES) at least 5 seats will be available for the public FOR FURTHER INFORMATION CONTACT: To days prior to the meeting date. including five (5) seats reserved for the request more information on this media. Seats will be available on a first- Dated: February 25, 2004. proposed data collection or obtain a come, first-served basis. copy of the proposal and associated Peter H. Fricke, Matters To Be Considered: The Acting Director, Office of Sustainable collection instrument, please write to meeting will include the following the above address, or call Defense Fisheries, National Marine Fisheries Service. topics: (1) NOAA Research Review, (2) [FR Doc. 04–4608 Filed 3–1–04; 8:45 am] Security Service, (703) 325–5327. NOAA Social Science Research Title, Associated Form, and OMB BILLING CODE 3510–22–S Activities, (3) Reports of Cooperative Number: ‘‘Department of Defense Institute reviews, (4) Ocean Modeling Security Agreement’’, ‘‘Appendage to review, (5) FY 2005 budget requests, DEPARTMENT OF COMMERCE Department of Defense Security and (6) public statements. Agreement’’ ‘‘Certificate Pertaining to National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT: Dr. Foreign Interests’’; DD Forms, 441, 441– Administration (NOAA) Michael Uhart, Executive Director, 1 and SF 328; 0704–0194. Science Advisory Board, NOAA, Rm. Needs and Uses: Executive Order (EO) Science Advisory Board; Meeting 11142, 1315 East-West Highway, Silver 12829, ‘‘National Industrial Security Spring, Maryland 20910. (Phone: 301– Program (NISP)’’ stipulates that the AGENCY: Office of Oceanic and 713–9121, Fax: 301–713–0163, E-mail: Secretary of Defense shall serve as the Atmospheric Research, NOAA, DOC. [email protected]); or visit the Executive Agent for inspecting and ACTION: Notice of open meeting. NOAA SAB Web site at http:// monitoring the contractors, licensees, www.sab.noaa.gov. and grantees who require or will require SUMMARY: The Science Advisory Board Dated: February 25, 2004. access, to or who store or will store (SAB) was established by a Decision Louisa Koch, classified information; and for Memorandum dated September 25, determining the eligibility for access to Deputy Assistant Administrator, OAR. 1997, and is the only Federal Advisory classified information of contractors, Committee with responsibility to advise [FR Doc. 04–4592 Filed 3–1–04; 8:45 am] licensees, and grantees and their the Under Secretary of Commerce for BILLING CODE 3510–KD–P respective employees. The specific Oceans and Atmosphere on long- and requirements necessary to protect short-range strategies for research, classified information released to education, and application of science to DEPARTMENT OF DEFENSE private industry are set forth in DoD resource management. SAB activities 5200.22M, ‘‘National Industrial Security and advice provide necessary input to Office of the Secretary Program Operating Manual (NISPOM)’’; ensure that National Oceanic and Proposed Collection; Comment Respondents must execute DD Form Atmospheric Administration (NOAA) Request 441, ‘‘Department of Defense Security science programs are of the highest Agreement’’, which is the initial quality and provide optimal support to AGENCY: Department of Defense, Defense contract between industry and the resource management. Security Service. government. This legally binding Time and Date: The meeting will be ACTION: Notice. document details the responsibility of held Tuesday, March 16, 2004, from 1 both parties and obligates the contractor p.m. to 5 p.m. and Wednesday, March In compliance with section to fulfill requirements outlined in DoD 17, 2004, from 8:30 a.m. to 5 p.m. These 3506(c)(2)(A) of the Paperwork 5220.22M. The DD Form 441–1, times and the agenda topics described Reduction Act of 1995, the Defense ‘‘Appendage to Department of Defense below may be subject to change. Refer Security Service (DSS) announces the Security Agreement,’’ is used to extend to the Web page listed below for the proposed continuation of a public the agreement to branch offices of the most up-to-date meeting agenda. information collection affecting cleared contractor. SF Form 328, ‘‘Certificate

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Pertaining to Foreign Interests’’ must be an extension of a currently approved (SF’s 1435 through 1440), in all submitted to provide certification information collection requirement correspondence. regarding elements of Foreign concerning termination settlement Dated: February 19, 2004. Ownership, Control or Influence (FOCI) proposal forms (Standard Forms 1435 Laura Auletta, as stipulated in paragraph 2–302b of the through 1440). The clearance currently Director, Acquisition Policy Division. NISPOM. expires on June 30, 2004. Affected Public: Business, or profit Public comments are particularly [FR Doc. 04–4590 Filed 3–1–04; 8:45 am] and non-profit organizations. invited on: Whether this collection of BILLING CODE 6820–EP–P Total Annual Burden Hours: 9,107.75. information is necessary for the proper Number of Respondents: 3,070. performance of functions of the FAR, Responses Per Respondent: 2. and whether it will have practical DEPARTMENT OF EDUCATION Average Burden Per Respondent: 1.5. utility; whether our estimate of the Office of Indian Education; Overview Frequency: One time and/or on public burden of this collection of Information; Professional occasion (e.g. initial facility clearance information is accurate, and based on Development; Notice Inviting processing, when the respondent valid assumptions and methodology; Applications for New Discretionary changes: name, organizational structure, ways to enhance the quality, utility, and Program Awards for Fiscal Year (FY) moves; or upon request, etc.) clarity of the information to be 2004 SUPPLEMENTARY INFORMATION: Summary collected; and ways in which we can of Information Collection: The minimize the burden of the collection of Catalog of Federal Domestic Assistance execution of the DD Form 441, 441–1 information on those who are to (CFDA) Number: 84.299B. and SF 328 is a factor in making a respond, through the use of appropriate DATES: determination as to whether a contractor technological collection techniques or Applications Available: March 3, is eligible to have a facility security other forms of information technology. 2004. clearance. It is also a legal basis for DATES: Submit comments on or before Deadline for Transmittal of imposing NISP security requirements on May 3, 2004. Applications: April 5, 2004. eligible contractors. These requirements FOR FURTHER INFORMATION CONTACT: Deadline for Intergovernmental are necessary in order to preserve and Jeritta Parnell, Acquisition Policy Review: June 1, 2004. maintain the security of the United Division, GSA (202) 501–4082. Eligible Applicants: Eligible States through establishing standards to ADDRESSES: Submit comments regarding applicants for this program are an prevent the improper disclosure of this burden estimate or any other aspect institution of higher education, classified information. of this collection of information, including an Indian institution of higher Dated: February 24, 2004. including suggestions for reducing this education; a State or local educational L.M. Bynum, burden to the General Services agency, in consortium with an institution of higher education; an Alternate OSD Federal Register Liaison Administration, FAR Secretariat, 1800 F Officer, Department of Defense. Street, NW., Room 4035, Washington, Indian tribe or organization, in consortium with an institution of higher [FR Doc. 04–4566 Filed 3–1–04; 8:45 am] DC 20405. Please cite OMB Control education; and a Bureau-funded school. BILLING CODE 5001–06–M Number 9000–0012, Termination Settlement Proposal (SF’s 1435 through An application from a consortium of 1440), in all correspondence. eligible entities must meet the DEPARTMENT OF DEFENSE SUPPLEMENTARY INFORMATION: requirements of 34 CFR 75.127 through 75.129. The consortium agreement, GENERAL SERVICES A. Purpose signed by all parties, must be submitted ADMINISTRATION The termination settlement proposal with the application in order to be forms (Standard Forms 1435 through considered as a consortium application. NATIONAL AERONAUTICS AND 1440) provide a standardized format for Letters of support do not meet the SPACE ADMINISTRATION listing essential cost and inventory consortium requirements. In order to be considered an eligible [OMB Control No. 9000–0012] information needed to support the terminated contractor’s negotiation entity, applicants, including institutions Federal Acquisition Regulation; position. Submission of the information of higher education, must be eligible to Information Collection; Termination assures that a contractor will be fairly provide the level and type of degree Settlement Proposal Forms (Standard reimbursed upon settlement of the proposed in the application or must Forms 1435 through 1440) terminated contract. apply in consortium with an institution of higher education that is eligible to AGENCIES: Department of Defense (DOD), B. Annual Reporting Burden grant the target degree. General Services Administration (GSA), Respondents: 864. Applicants that apply as an ‘‘Indian and National Aeronautics and Space Responses Per Respondent: 2.4. organization’’ must demonstrate in the Administration (NASA). Total Responses: 2,074. application how they meet all criteria of ACTION: Notice of request for public Hours Per Response: 2.5. this term as defined in 34 CFR 263.3 in comments regarding an extension to an Total Burden Hours: 5,185. order to be considered an eligible Indian existing OMB clearance (9000–0012). Obtaining Copies of Proposals: organization. Requesters may obtain a copy of the We will reject any application that SUMMARY: Under the provisions of the information collection from the General does not meet these requirements. Paperwork Reduction Act of 1995 (44 Services Administration, FAR Estimated Available Funds: U.S.C. Chapter 35), the Federal Secretariat (MVA), 1800 F Street, NW., $6,791,630. Acquisition Regulation (FAR) Room 4035, Washington, DC 20405, Estimated Range of Awards: $300,000 Secretariat will be submitting to the telephone (202) 501–4755. Please cite to $500,000. Office of Management and Budget OMB Control Number 9000–0012, Estimated Average Size of Awards: (OMB) a request to review and approve Termination Settlement Proposal Forms $424,476.

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Maximum Award: We will reject any requires at least a bachelor’s degree and tribal college or university and that application that proposes a budget in which a documented teacher shortage designates that tribal college or exceeding $500,000 for a single budget exists; and university as the fiscal agent for the period of 12 months during the first 24 (2) One year induction services after application. The consortium application months of the project. The last 12- graduation, certification, or licensure of eligible entities must meet the month budget period of a 36-month provided during the award period to requirements of 34 CFR 75.127 through award will be limited to induction graduates of the pre-service program 75.129 of EDGAR to be considered services only, at a cost not to exceed while they are completing their first eligible to receive the five (5) priority $75,000. The Deputy Under Secretary year of work in schools with significant points. These points are in addition to may change the maximum amount Indian student populations. the five (5) competitive preference through a notice published in the Note: In working with various institutions points we may award under Federal Register. of higher education and State certification/ Competitive Preference One. Estimated Number of Awards: 16. licensure requirements, we found that states Note: The consortium agreement, signed by Note: The Department is not bound by any requiring a degree in a specific subject area all parties, must be submitted with the estimates in this notice. (e.g., specialty areas or teaching at the application in order to be considered a secondary level) generally require a master’s consortium application. Letters of support do Project Period: 36 months. degree or fifth-year requirement before an not meet the consortium requirements. We Full Text of Announcement individual can be certified or licensed as a will reject any application that does not meet teacher. These students would be eligible to these requirements. I. Funding Opportunity Description participate as long as their training meets the Purpose of Program: The purposes of requirements for full State certification or Note: Tribal colleges and universities are licensure as a teacher. the Professional Development program those institutions cited in section 532 of the Equity in Educational Land-Grant Status Act are to: (1) Increase the number of Pre-Service Administrator Training of 1994 (7 U.S.C. 301 note), any other qualified Indian individuals in A project that provides— institution that qualifies for funding under professions that serve Indian people; (2) the Tribally Controlled College or University provide training to qualified Indian (1) Support and training to Indian Assistance Act of 1978 (25 U.S.C. 1801 et individuals to become teachers, individuals to complete a master’s seq.), or Dine College (formerly Navajo administrators, teacher aides, social degree in education administration that Community College), authorized in the workers, and ancillary educational is provided before the end of the award Navajo Community College Act (25 U.S.C. personnel; and (3) improve the skills of period and that allows participants to 640a et seq.). meet the requirements for State qualified Indian individuals who serve Program Authority: 20 U.S.C. 7442. in the education field. Activities may certification or licensure as an include, but are not limited to, education administrator; and Applicable Regulations: (a) The continuing programs, symposia, (2) One year of induction services Education Department General workshops, conferences, and direct during the award period to participants Administrative Regulations (EDGAR) in financial support. after graduation, certification or 34 CFR parts 74, 75, 77, 79, 80, 81, 82, Priorities: In accordance with 34 CFR licensure, while they are completing 84, 85, 86, 97, 98 and 99; and (b) 34 CFR 75.105(b)(2)(ii), these absolute priorities their first year of work as administrators part 263. are from the regulations for this program in schools with significant Indian Note: The regulations in 34 CFR part 79 (34 CFR 263.5(c)(1) and (2)). These student populations. apply to all applicants except federally priorities are designed to meet two Competitive Preference Priorities: recognized Indian tribes. primary goals of the No Child Left Within each of the absolute priorities, Behind Act of 2001, Pub. L. 107–110. we give competitive preference to Note: The regulations in 34 CFR part 86 Absolute Priorities: For FY 2004 these applications that address the following apply to institutions of higher education only. priorities are absolute priorities. Under priorities. In accordance with 34 CFR 75.105(b)(2)(ii), these priorities are from 34 CFR 75.105(c)(3) we consider only II. Award Information applications that meet one or both of the regulations for this program (34 CFR these priorities. 263.5(a) and (b)). These priorities are: Type of Award: Discretionary grants. These priorities are: Estimated Available Funds: Competitive Preference Priority One $6,791,630. Pre-Service Training for Teachers We award five points to an Estimated Range of Awards: $300,000 A project that provides support and application submitted by an Indian to $500,000. training to Indian individuals to tribe, Indian organization, or Indian Estimated Average Size of Awards: complete a pre-service education institution of higher education that is $424,476. program that enables these individuals eligible to participate in the Professional Maximum Award: We will reject any to meet the requirements for full State Development program. A consortium application that proposes a budget certification or licensure as a teacher application of eligible entities that exceeding $500,000 for a single budget through— meets the requirements of 34 CFR period of 12 months during the first 24 (1)(i) Training that leads to a 75.127 through 75.129 of EDGAR and months of the project. The last 12- bachelor’s degree in education before includes an Indian tribe, Indian month budget period of a 36-month the end of the award period; organization or Indian institution of award will be limited to induction (ii) For States allowing a degree in a higher education will be considered services only, at a cost not to exceed specific subject area, training that leads eligible to receive the five (5) priority $75,000. The Deputy Under Secretary to a bachelor’s degree in the subject area points. may change the maximum amount as long as the training meets the through a notice published in the requirements for full State teacher Competitive Preference Priority Two Federal Register. certification or licensure; or We award five points to an Estimated Number of Awards: 16. (iii) Training in a current or new application submitted by a consortium Note: The Department is not bound by any specialized teaching assignment that of eligible applicants that includes a estimates in this notice.

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Project Period: 36 months. 877–433–7827. FAX (301) 470–1244. If (including a courier service or you use a telecommunications device commercial carrier) are in the III. Eligibility Information for the deaf (TDD), you may call (toll application package for this program. 1. Eligible Applicants: Eligible free): 1–877–576–7734. The application package also specifies applicants for this program are an You may also contact ED Pubs at its the hours of operation of the e- institution of higher education, Web site: http://www.ed.gov/pubs/ Application Web site. including an Indian institution of higher edpubs.html or you may contact ED We do not consider an application education; a State or local educational Pubs at its e-mail address: that does not comply with the deadline agency, in consortium with an [email protected]. requirements. institution of higher education; an If you request an application from ED Deadline for Intergovernmental Indian tribe or organization, in Pubs, be sure to identify this Review: June 1, 2004. consortium with an institution of higher competition as follows: CFDA number 4. Deadline for Intergovernmental education; and a Bureau-funded school. 84.299B. Review: This program is subject to An application from a consortium of Individuals with disabilities may Executive Order 12372 and the eligible entities must meet the obtain this document in an alternative regulations in 34 CFR part 79. requirements of 34 CFR 75.127 through format (e.g., Braille, large print, Information about Intergovernmental 75.129. The consortium agreement, audiotape, or computer diskette) by Review of Federal Programs under signed by all parties, must be submitted contacting the program contact person Executive Order 12372 is in the with the application in order to be listed under FOR FURTHER INFORMATION application package for this program. considered as a consortium application. CONTACT elsewhere in this notice. 5. Funding Restrictions: We will reject Letters of support do not meet the 2. Content and Form of Application any application that proposes a budget consortium requirements. Submission: Requirements concerning exceeding $500,000 for a single budget In order to be considered an eligible the content of an application, together period of 12 months during the first 24 entity, applicants, including institutions with the forms you must submit, are in months of the project. The last 12- of higher education, must be eligible to the application package for this month budget period of a 36-month offer the level and type of degree program. award will be limited to induction proposed in the application or must Page Limit: The application narrative services only, at a cost not to exceed apply in consortium with an institution is where you, the applicant, address the $75,000. of higher education that is eligible to selection criteria that are used by Stipends may be paid only to full- grant the target degree. reviewers in evaluating the application. time students. For the payment of Applicants that apply as an ‘‘Indian You must limit the narrative to the stipends to project participants being organization’’ must demonstrate in the equivalent of no more than 50 double- trained, the Secretary expects to set the application how they meet all criteria of spaced pages, using the following stipend maximum at $1,775 per month this term as defined in 34 CFR 263.3 in standards: for full-time students and provide for a order to be considered an eligible Indian • A ‘‘page’’ is 8.5″ × 11″, on one side $275 allowance per month per organization. only, with 1″ margins at the top, bottom, dependent during an academic term. We will reject any application that and both sides. The terms ‘‘stipend,’’ ‘‘full-time • does not meet these requirements. Double space (no more than three student,’’ and ‘‘dependent allowance’’ 2. Cost Sharing or Matching: This lines per vertical inch) all text in the are defined in 34 CFR 263.3. program does not involve cost sharing application narrative, including titles, We reference additional regulations or matching. headings, footnotes, quotations, outlining funding restrictions in the 3. Other: references, and captions, as well as all Applicable Regulations section of this (a) Indian institution of higher text in charts, tables, figures, and notice. education. The term ‘‘Indian institution graphs. 6. Other Submission Requirements: • of higher education’’ means an Use a font that is either 12-point or Instructions and requirements for the accredited college or university within larger or no smaller than 10 pitch transmittal of applications by mail or by the United States cited in section 532 of (characters per inch). hand (including a courier service or the Equity in Educational Land-Grant The page limit does not apply to Part commercial carrier) are in the Status Act of 1994 (7 U.S.C. 301 note), I, the cover sheet; Part II, the budget application package for this program. any other institution that qualifies for section, including the narrative budget funding under the Tribally Controlled justification; Part IV, the assurances and Note: Some of the procedures in these College or University Assistance Act of instructions for transmitting applications certifications; or the one-page abstract, differ from those in the Education 1978 (25 U.S.C. 1801 et seq.), and Dine the resumes, the bibliography, or the Department General Administrative College (formerly Navajo Community letters of support. However, you must Regulations (EDGAR) (34 CFR 75.102). Under College), authorized in the Navajo include all of the application narrative the Administrative Procedure Act (5 U.S.C. Community College Act (25 U.S.C. 640a in Part III. 553) the Department generally offers et seq.). Our reviewers will not read any pages interested parties the opportunity to (b) Budget Requirement. Projects of your application that— comment on proposed regulations. However, funded under this competition must • Exceed the page limit if you apply these amendments make procedural changes budget for a two-day Project Directors’ these standards; or only and do not establish new substantive meeting in Washington, DC during each • Exceed the equivalent of the page policy. Therefore, under 5 U.S.C. 553(b)(A), year of the project period. limit if you apply other standards. the Secretary has determined that proposed rulemaking is not required. 3. Submission Dates and Times: IV. Application and Submission Applications Available: March 3, Pilot Project for Electronic Submission Information 2004. of Applications: We are continuing to 1. Address to Request Application Deadline for Transmittal of expand our pilot project for electronic Package: Education Publications Center Applications: April 5, 2004. The dates submission of applications to include (ED Pubs), P.O. Box 1398, Jessup, MD and times for the transmittal of additional formula grant programs and 20794–1398. Telephone (toll free): 1– applications by mail or by hand additional discretionary grant

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competitions. The Professional • We may request that you give us We reference the regulations outlining Development program—CFDA Number original signatures on all other forms at the terms and conditions of an award in 84.299B—is one of the programs a later date. the Applicable Regulations section of included in the pilot project. If you are Application Deadline Date Extension this notice and include these and other an applicant under the Professional in Case of System Unavailability: If you specific conditions in the GAN. The Development program, you may submit elect to participate in the e-Application GAN also incorporates your approved your application to us in either pilot for the Professional Development application as part of your binding electronic or paper format. program and you are prevented from commitments under this grant. The pilot project involves the use of submitting your application on the 3. Reporting: At the end of your the Electronic Grant Application System application deadline date because the e- project period, you must submit a final (e-Application). If you use e- Application system is unavailable, we performance report, including financial Application, you will be entering data will grant you an extension of one information, as directed by the online while completing your business day in order to transmit your Secretary. If you receive a multi-year application. You may not e-mail an application electronically, by mail, or by award, you must submit an annual electronic copy of a grant application to hand delivery. We will grant this performance report that provides the us. If you participate in this voluntary extension if— most current performance and financial pilot project by submitting an 1. You are a registered user of e- expenditure information as specified by application electronically, the data you Application, and have initiated an e- the Secretary in 34 CFR 75.118. enter online will be saved into a Application for this competition; and 4. Performance Measures: The database. We request your participation 2. (a) The e-Application system is Secretary has established the following in e-Application. We shall continue to unavailable for 60 minutes or more key performance measures for assessing evaluate its success and solicit between the hours of 8:30 a.m. and 3:30 the effectiveness of the Professional suggestions for its improvement. p.m., Washington, DC time, on the Development program: To increase the If you participate in e-APPLICATION, application deadline date; or percentages of the teacher and principal please note the following: (b) The e-Application system is workforces serving American Indian • Your participation is voluntary. unavailable for any period of time and Alaska Native students who are • When you enter the e-Application during the last hour of operation (that is, themselves American Indian and Alaska system, you will find information about for any period of time between 3:30 p.m. Native. The program target is to increase its hours of operation. We strongly and 4:30 p.m., Washington, DC time) on the percentage of American Indian and recommend that you not wait until the the application deadline date. Alaska Native principals and teachers in application deadline date to initiate an We must acknowledge and confirm public schools with 25 percent or more e-Application package. these periods of unavailability before American Indian and Alaska Native • You will not receive additional granting you an extension. To request students. point value because you submit a grant this extension or to confirm our Under the selection criteria ‘‘Quality application in electronic format, nor acknowledgment of any system of project services’’ and ‘‘Quality of the will we penalize you if you submit an unavailability, you may contact either project evaluation,’’ we will consider application in paper format. (1) the person listed elsewhere in this the extent to which the applicant demonstrates a strong capacity to • You may submit all documents notice under FOR FURTHER INFORMATION provide reliable data on these electronically, including the CONTACT (see VII. Agency Contact) or (2) Application for Federal Education the e-GRANTS help desk at 1–888–336– indicators. All grantees will be expected to Assistance (ED 424), Budget 8930. Information—Non-Construction submit, as part of their performance You may access the electronic grant report, information documenting their Programs (ED 524), and all necessary application for the Professional assurances and certifications. progress with regard to these Development program at: http://e- performance measures. • Your e-Application must comply grants.ed.gov. with any page limit requirements VII. Agency Contact described in this notice. V. Application Review Information • For Further Information Contact: After you electronically submit Selection Criteria: The selection Victoria Vasques, Office of Indian your application, you will receive an criteria for this program are in the Education, U.S. Department of automatic acknowledgement, which application package and 34 CFR 263.6. Education, 400 Maryland Avenue, SW., will include a PR/Award number (an VI. Award Administration Information room 3W205, Washington, DC 20202– identifying number unique to your 6335. Telephone: (202) 260–3774 or by application). 1. Award Notices: If your application • e-mail: [email protected]. Within three working days after is successful, we notify your U.S. If you use a telecommunications submitting your electronic application, Representative and U.S. Senators and device for the deaf (TDD), you may call fax a signed copy of the Application for send you a Grant Award Notification the Federal Information Relay Service Federal Education Assistance (ED 424) (GAN). We may also notify you (FIRS) at 1–800–877–8339. to the Application Control Center after informally. Individuals with disabilities may following these steps: If your application is not evaluated or obtain this document in an alternative 1. Print ED 424 from e-Application. not selected for funding, we will notify format (e.g., Braille, large print, 2. The institution’s Authorizing you. audiotape, or computer diskette) on Representative must sign this form. 2. Administrative and National Policy request to the contact person listed in 3. Place the PR/Award number in the Requirements: We identify this section. upper right hand corner of the hard administrative and national policy copy signature page of the ED 424. requirements in the application package VII. Other Information 4. Fax the signed ED 424 to the and reference these and other Electronic Access to This Document: Application Control Center at (202) requirements in the Applicable You may view this document, as well as 260–1349. Regulations section of this notice. all other documents of this Department

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published in the Federal Register, in Estimated Range of Awards: $150,000 Competitive Preference Priority 1. In text or Adobe Portable Document to $400,000. accordance with 34 CFR Format (PDF) on the Internet at the Estimated Average Size of Awards: 75.105(b)(2)(iv), this priority is from following site: http://www.ed.gov/news/ $323,411. section 7121 of the Elementary and fedregister. Maximum Award: We will reject any Secondary Education Act of 1965, as To use PDF you must have Adobe application that proposes a budget amended (ESEA), 20 U.S.C. Acrobat Reader, which is available free exceeding $400,000 for a single budget 7441(d)(1)(B). Five (5) competitive at this site. If you have questions about period of 12 months. The Deputy Under preference priority points will be using PDF, call the U.S. Government Secretary may change the maximum awarded to an application that presents Printing Office (GPO), toll free, at 1– amount through a notice published in a plan for combining two or more of the 888–293–6498; or in the Washington, the Federal Register. activities described in section 7121(c) of DC, area at (202) 512–1530. Estimated Number of Awards: 14. the ESEA over a period of more than one year. Note: The official version of this document Note: The Department is not bound by any Competitive Preference Priority 2. In is the document published in the Federal estimates in this notice. Register. Free Internet access to the official accordance with 34 CFR edition of the Federal Register and the Code Project Period: Up to 36 months. 75.105(b)(2)(iv), this priority is from section 7143 of the ESEA, 20 U.S.C. of Federal Regulations is available on GPO Full Text of Announcement Access at: http://www.gpoaccess.gov/nara/ 7473. Five (5) competitive preference index.html. I. Funding Opportunity Description priority points will be awarded to an application submitted by an Indian Dated: February 25, 2004. Purpose of Program: The purpose of the Demonstration Grants for Indian tribe, Indian organization, or Indian Victoria Vasques, Children program is to provide financial institution of higher education, Deputy Under Secretary for Indian Education. assistance to projects to develop, test, including a consortium of any of these [FR Doc. 04–4554 Filed 3–01–04; 8:45 am] and demonstrate the effectiveness of entities with other eligible entities. An BILLING CODE 4000–01–P services and programs to improve the application from a consortium of educational opportunities and eligible entities that meets the achievement of preschool, elementary, requirements of 34 CFR 75.127 through DEPARTMENT OF EDUCATION and secondary Indian students. To meet 75.129 and includes an Indian tribe, the purposes of the No Child Left Indian organization, or Indian Office of Indian Education, Overview institution of higher education will be Information; Demonstration Grants for Behind Act of 2001, this program will focus project services on increasing considered eligible to receive the five (5) Indian Children; Notice Inviting priority points. Applications for New Discretionary school readiness skills of three- and four-year-old American Indian and These competitive preference points Program Awards for Fiscal Year (FY) are in addition to the five competitive 2004 Alaska Native children; and enabling American Indian and Alaska Native preference points that may be given high school graduates to transition under Competitive Preference Priority 1. Catalog of Federal Domestic Assistance Note: The consortium agreement, signed by (CFDA) Number: 84.299A. successfully to postsecondary education by increasing their competency and all parties, must be submitted with the DATES: Applications Available: March 3, skills in challenging subject matter, application in order to be considered a 2004. including mathematics and science. consortium application. Letters of support do not meet the consortium requirements. The Deadline for Transmittal of Priorities: In accordance with 34 CFR Secretary will reject any application that Applications: April 2, 2004. 75.105(b)(2)(ii), these absolute priorities does not meet these requirements. Deadline for Intergovernmental are from the regulations for this program Review: June 1, 2004. (34 CFR 263.21(c)(1) and (3)). Note: The term ‘‘Indian institutions of Eligible Applicants: Eligible Absolute Priorities: For FY 2004 these higher education’’ means an accredited priorities are absolute priorities. Under college or university within the United States applicants for this program include a cited in section 532 of the Equity in State educational agency (SEA); a local 34 CFR 75.105(c)(3), we consider only Educational Land-Grant Status Act of 1994 (7 educational agency (LEA); an Indian applications that meet one or both of U.S.C. 301 note), any other institution that tribe; an Indian organization; a federally these priorities. These priorities are: qualifies for funding under the Tribally supported elementary or secondary Absolute Priority 1. School readiness Controlled College or University Assistance school for Indian students; an Indian projects that provide age appropriate Act of 1978 (25 U.S.C. 1801 et seq.), and Dine institution, including an Indian educational programs and language College (formerly Navajo Community institution of higher education; or a skills to three- and four-year-old Indian College), authorized in the Navajo Community College Act (25 U.S.C. 640a et consortium of such institutions that students to prepare them for successful seq.). meet the requirements of 34 CFR 75.127 entry into school at the kindergarten through 75.129. An application from a level. Program Authority: 20 U.S.C. 7441. consortium of eligible entities must Absolute Priority 2. College Applicable Regulations: (a) The meet the requirements of 34 CFR 75.127 preparatory programs for secondary Education Department General through 75.129. The consortium school students designed to increase Administrative Regulations (EDGAR) in agreement, signed by all parties, must be competency and skills in challenging 34 CFR parts 74, 75, 77, 79, 80, 81, 82, submitted with the application in order subject matter, including mathematics 84, 85, 86, 97, 98, and 99; and (b) 34 to be considered as a consortium and science, to enable Indian students CFR part 263. application. Letters of support do not to transition successfully to Note: The regulations in 34 CFR part 79 meet the consortium requirements. The postsecondary education. apply to all applicants except federally Secretary will reject any application that Competitive Preference Priorities: recognized Indian tribes. does not meet these requirements. Within the absolute priorities, we give Note: The regulations in 34 CFR part 86 Estimated Available Funds: competitive preference to applicants apply to institutions of higher education $4,527,754. that address the following priorities. only.

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II. Award Information for the deaf (TDD), you may call (toll competition. The application package Type of Award: Discretionary grants. free): 1–877–576–7734. also specifies the hours of operation of Estimated Available Funds: You may also contact ED Pubs at its the e-Application Web site. $4,527,754. Web site: http://www.ed.gov/pubs/ We do not consider an application Estimated Range of Awards: $150,000 edpubs.html or you may contact ED that does not comply with the deadline to $400,000. Pubs at its e-mail address: requirements. Estimated Average Size of Awards: [email protected]. Deadline for Intergovernmental $323,411. If you request an application from ED Review: June 1, 2004. Maximum Award: We will reject any Pubs, be sure to identify this 4. Intergovernmental Review: This application that proposes a budget competition as follows: CFDA number program is subject to Executive Order exceeding $400,000 for a single budget 84.299A. 12372 and the regulations in 34 CFR period of 12 months. The Deputy Under Individuals with disabilities may part 79. Information about Secretary may change the maximum obtain this document in an alternative Intergovernmental Review of Federal amount through a notice published in format (e.g., Braille, large print, Programs under Executive Order 12372 the Federal Register. audiotape, or computer diskette) by is in the application package for this Estimated Number of Awards: 14. contacting the program contact person program. listed elsewhere in this notice under For 5. Funding Restrictions: We will reject Note: The Department is not bound by any Further Information Contact. estimates in this notice. any application that proposes a budget 2. Content and Form of Application exceeding $400,000 for a single budget Project Period: Up to 36 months. Submission: Requirements concerning period of 12 months. We reference III. Eligibility Information the content of an application, together regulations outlining funding with the forms you must submit, are in restrictions in the Applicable 1. Eligible Applicants: Eligible the application package for this Regulations section of this notice. applicants for this program include a competition. 6. Other Submission Requirements: SEA; a LEA; an Indian tribe; an Indian Page Limit: The application narrative Instructions and requirements for the organization; a federally supported is where you, the applicant, addresses transmittal of applications by mail or by elementary or secondary school for the selection criteria reviewers use to hand (including a courier service or Indian students; an Indian institution, evaluate your application. An applicant commercial carrier) are in the including an Indian institution of higher must limit the narrative to the application package for this program. education; or a consortium of such equivalent of no more than 50 double- institutions that meets the requirements Note: Some of the procedures in these spaced pages, using the following instructions for transmitting applications of 34 CFR 75.127 through 75.129. An standards: • ″ ″ differ from those in the Education application from a consortium of A ‘‘page’’ is 8.5 x 11 , on one side Department General Administrative eligible entities must meet the only, with 1″ margins at the top, bottom, Regulations (EDGAR) (34 CFR 75.102). Under requirements of 34 CFR 75.127 through and both sides. the Administrative Procedure Act (5 U.S.C. 75.129. The consortium agreement, • Double space (no more than three 553) the Department generally offers signed by all parties, must be submitted lines per vertical inch) all text in the interested parties the opportunity to with the application in order to be application narrative, including titles, comment on proposed regulations. However, considered as a consortium application. headings, footnotes, quotations, these amendments make procedural changes Letters of support do not meet the references, and captions, as well as all only and do not establish new substantive consortium requirements. The Secretary text in charts, tables, figures, and policy. Therefore, under 5 U.S.C. 553(b)(A), the Secretary has determined that proposed will reject any application that does not graphs. rulemaking is not required. meet these requirements. • Use a font that is either 12-point or 2. Cost Sharing or Matching: This larger or no smaller than 10 pitch Pilot Project for Electronic Submission program does not involve cost sharing (characters per inch). of Applications or matching. The page limit does not apply to Part 3. Other: I, the cover sheet; Part II, the budget We are continuing to expand our pilot (a) Indian Organization. Applicants section, including the narrative budget project for electronic submission of that apply as an ‘‘Indian organization’’ justification; Part IV, the assurances and applications to include additional must demonstrate in the application certifications; or the one-page abstract, formula grant programs and additional how they meet all criteria for this term the resumes, the bibliography, or the discretionary grant competitions. The as defined in 34 CFR 263.20 in order to letters of support. However, you must Demonstration Grants for Indian be considered an eligible Indian include all of the application narrative Children program—CFDA Number organization. in Part III. 84.299A—is one of the programs (b) Budget Requirement. Projects Our reviewers will not read any pages included in the pilot project. If you are funded under this competition must of your application that— an applicant under the Demonstration budget for a one-and-one-half day • Exceed the page limit if you apply Grants for Indian Children program, you Project Directors’ meeting in these standards; or may submit your application to us in Washington, DC, during each year of the • Exceed the equivalent of the page either electronic or paper format. project period. limit if you apply other standards. The pilot project involves the use of 3. Submission Dates and Times: the Electronic Grant Application System IV. Application and Submission Applications Available: March 3, 2004. (e-Application). If you use e- Information Deadline for Transmittal of Application, you will be entering data 1. Address to Request Application Applications: April 2, 2004. The dates online while completing your Package: Education Publications Center and times for the transmittal of application. You may not e-mail an (ED Pubs), PO Box 1398, Jessup, MD applications by mail or by hand electronic copy of a grant application to 20794–1398. Telephone (toll free): 1– (including a courier service or us. If you participate in this voluntary 877–433–7827. FAX (301) 470–1244. If commercial carrier) are in the pilot project by submitting an you use a telecommunications device application package for this application electronically, the data you

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enter online will be saved into a 1. You are a registered user of e- expenditure information as specified by database. We request your participation Application, and have initiated an e- the Secretary in 34 CFR 75.118. in e-Application. We shall continue to Application for this competition; and 4. Performance Measures: The evaluate its success and solicit 2. (a) The e-Application system is Secretary has established the following suggestions for its improvement. unavailable for 60 minutes or more key performance measures for assessing If you participate in e-Application, between the hours of 8:30 a.m. and 3:30 the effectiveness of the Demonstration please note the following: p.m., Washington, DC time, on the Grants for Indian Children program: (1) • Your participation is voluntary. application deadline date; or Increasing percentages of pre-school • When you enter the e-Application (b) The e-Application system is American Indian and Alaska Native system, you will find information about unavailable for any period of time students will possess school readiness its hours of operation. We strongly during the last hour of operation (that is, skills gained through a scientifically recommend that you not wait until the for any period of time between 3:30 p.m. based, research-based curriculum that application deadline date to initiate an and 4:30 p.m., Washington, DC time) on prepares them for kindergarten; and (2) e-Application package. the application deadline date. the percentage of American Indian and • You will not receive additional We must acknowledge and confirm Alaska Native high school graduates point value because you submit a grant these periods of unavailability before who increase their competency and application in electronic format, nor granting you an extension. To request skills in challenging subject matter, will we penalize you if you submit an this extension or to confirm our including mathematics and science, to application in paper format. acknowledgment of any system enable successful transition to • You may submit all documents unavailability, you may contact either postsecondary education will increase. electronically, including the (1) the person listed elsewhere in this Under the selection criteria ‘‘Quality Application for Federal Education notice under FOR FURTHER INFORMATION of project services’’ and ‘‘Quality of the Assistance (ED 424), Budget CONTACT (see VII. Agency Contact) or (2) project evaluation,’’ we will consider Information—Non-Construction the e-GRANTS help desk at 1–888–336– the extent to which the applicant Programs (ED 524), and all necessary 8930. demonstrates a strong capacity to assurances and certifications. You may access the electronic grant provide reliable data on these • Your e-Application must comply application for the Demonstration indicators. with any page limit requirements Grants for Indian Children program at: All grantees will be expected to described in this notice. http://e-grants.ed.gov. submit, as part of their performance report, information documenting their • After you electronically submit V. Application Review Information progress with regard to these your application, you will receive an Selection Criteria: The selection performance measures. automatic acknowledgement, which criteria for this program are in the will include a PR/Award number (an VII. Agency Contact application package. identifying number unique to your For Further Information Contact: application). VI. Award Administration Information • Victoria Vasques, Office of Indian Within three working days after 1. Award Notices: If your application Education, U.S. Department of submitting your electronic application, is successful, we notify your U.S. Education, 400 Maryland Avenue, SW., fax a signed copy of the Application for Representative and U.S. Senators and room 3W205, Washington, DC 20202– Federal Education Assistance (ED 424) send you a Grant Award Notification 6335. Telephone: (202) 260–3774 or by to the Application Control Center after (GAN). We may also notify you email: [email protected]. following these steps: informally. If you use a telecommunications 1. Print ED 424 from e-Application. If your application is not evaluated or device for the deaf (TDD), you may call 2. The institution’s Authorizing not selected for funding, we will notify the Federal Information Relay Service Representative must sign this form. you. (FIRS) at 1–800–877–8339. 3. Place the PR/Award number in the 2. Administrative and National Policy Individuals with disabilities may upper right-hand corner of the hard Requirements: We identify obtain this document in an alternative copy signature page of the ED 424. administrative and national policy format (e.g., Braille, large print, 4. Fax the signed ED 424 to the requirements in the application package audiotape, or computer diskette) on Application Control Center at (202) and reference these and other request to the contact person listed in 260–1349. requirements in the Applicable this section. • We may request that you give us Regulations section of this notice. VIII. Other Information original signatures on all other forms at We reference the regulations outlining a later date. the terms and conditions of an award in Electronic Access to This Document: Application Deadline Date Extension the Applicable Regulations section of You may view this document, as well as in Case of System Unavailability: If you this notice and include these and other all other documents of this Department elect to participate in the e-Application specific conditions in the GAN. The published in the Federal Register, in pilot for the Demonstration Grants for GAN also incorporates your approved text or Adobe Portable Document Indian Children program and you are application as part of your binding Format (PDF) on the Internet at the prevented from submitting your commitments under this grant. following site: http://www.ed.gov/news/ application on the application deadline 3. Reporting. At the end of your fedregister. date because the e-Application system is project period, you must submit a final To use PDF you must have Adobe unavailable, we will grant you an performance report, including financial Acrobat Reader, which is available free extension of one business day in order information, as directed by the at this site. If you have questions about to transmit your application Secretary. If you receive a multi-year using PDF, call the U.S. Government electronically, by mail, or by hand award, you must submit an annual Printing Office (GPO), toll free, at 1– delivery. We will grant this extension performance report that provides the 888–293–6498; or in the Washington, if— most current performance and financial DC, area at (202) 512–1530.

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Note: The official version of this document environment. The application must be Year. Individual awards under this is the document published in the Federal submitted in IIPS by the applicant or a Announcement will not exceed Register. Free Internet access to the official designated representative that receives $400,000 in DOE funding for Year 1 of edition of the Federal Register and the Code authorization from the applicant. The the project. Specific DOE funding limits of Federal Regulations is available on GPO application documentation must reflect Access at: http://www.gpoaccess.gov/nara/ per award will not be imposed for Years index.html. the name and title of the representative 2 and 3. Applicants will be asked to authorized to enter the applicant into a propose the required DOE funding for Dated: February 25, 2004. legally binding contract or agreement. these two Years to achieve the proposed Victoria Vasques, The applicant or the designated project objectives. It is anticipated that Deputy Under Secretary for Indian Education. representative must first register in IIPS. up to a total of five awards will be [FR Doc. 04–4555 Filed 3–1–04; 8:45 am] For questions regarding the operation of made. IIPS, contact the IIPS Help Desk at All types of applicants are eligible to BILLING CODE 4000–01–P [email protected] or at apply, except other Federal agencies, (800) 683–0751, Option 1. Federally Funded Research and FOR FURTHER INFORMATION CONTACT: Development Centers (FFRDCs), and DEPARTMENT OF ENERGY Cheri Schmitt, Financial Assistance nonprofit organizations described in [Announcement Number DE–PS36– Specialist, DOE Golden Field Office, Section 501(c)(4) of the Internal 04GO94000] 1617 Cole Boulevard, Golden, CO Revenue Code of 1986 that engage in 80401–3393 or via facsimile to Cheri lobbying activities. FFRDC contractors, Hydrogen Safety, Codes and Schmitt at (303) 275–4753, or although not eligible for an award, may Standards Research electronically to Cheri Schmitt at be proposed as a team member as AGENCY: Golden Field Office, U.S. [email protected]. specified under this Announcement. A Department of Energy. SUPPLEMENTARY INFORMATION: The minimum required applicant cost share ACTION: Notice of issuance of Hydrogen, Fuel Cells, and Infrastructure contribution is 20% of the total project announcement for financial assistance Technologies Program of DOE’s Office cost. applications. of Energy Efficiency and Renewable Issued in Golden, Colorado, on February Energy is soliciting financial assistance 24, 2004. SUMMARY: The U.S. Department of applications with the objective of Jerry L. Zimmer, Energy (DOE), Golden Field Office is contributing to industry efforts and the Director, Office of Acquisition and Financial announcing its intention to seek President’s Hydrogen Fuel Initiative in Assistance. financial assistance applications for developing a path to a hydrogen [FR Doc. 04–4581 Filed 3–1–04; 8:45 am] specific categories of research projects economy. DOE intends to provide BILLING CODE 6450–01–P that will support the goals and financial support for this effort under objectives of the Hydrogen Safety, Codes authority of the Hydrogen Future Act of and Standards Program. The three 1996, Public Law 104–271. Section 103 DEPARTMENT OF ENERGY eligible research projects involved of this Act requires DOE to conduct a include Hydrogen System Sensors, hydrogen research and development National Energy Technology Pipeline Materials and Sensors, and program relating to production, storage, Laboratory; Notice of Availability of a Process Plant Sensors. The effect of transportation, and the use of hydrogen, Funding Opportunity Announcement these projects is to ensure that research with the goal of enabling the private AGENCY: National Energy Technology and development activities under this sector to demonstrate the technical Laboratory, Department of Energy Program bring hydrogen systems into feasibility of using hydrogen for (DOE). the marketplace. industrial, residential, transportation, ACTION: Notice of availability of a DATES: The Funding Opportunity and utility applications. See 42 U.S.C funding opportunity announcement. Announcement is anticipated to be 12403. Under the President’s Hydrogen issued on February 24, 2004. Fuel Initiative, DOE will initiate or SUMMARY: Notice is hereby given of the ADDRESSES: To obtain a copy of the accelerate research in technologies that intent to issue Funding Opportunity Announcement, interested parties will ultimately contribute to the Announcement No. DE–PS26– should access the DOE Golden Field development of more economical 04NT42067 entitled ‘‘Pilot Scale Office Home page at http:// hydrogen production, storage, and Demonstrations of Cost Effective NOX www.go.doe.gov/funding.html, click on utilization. Awards under this Control for Coal-Fired Electric Utility the word ‘‘access.’’ The link will open Announcement will be Grants or Boilers in Response to Multi-Pollutant the Industry Interactive Procurement Cooperative Agreements that will have Legislation’’. The Department of Energy System (IIPS) Web site and provide terms of up to three years. Possible (DOE), National Energy Technology links to all Golden Field Office funding into Years 2 and 3 will depend Laboratory (NETL), through its Announcements. The Announcement on the outcome of a DOE go/no-go Innovations for Existing Plants (IEP) can also be obtained directly through decision point at the end of each year Program is seeking applications for cost- IIPS at http://e-center.doe.gov by of each project. Awards will be for the shared research and development of browsing opportunities by Contracting complete project period, with funding advanced pulverized coal NOX control Activity, for those Announcements provided by DOE during each year, as technologies at the pilot-scale and field issued by the Golden Field Office. DOE applicable. Subject to the availability of testing-scale. The focus of these will not issue paper copies of the appropriations, DOE funding is technologies is to reduce energy Announcement. anticipated to be available for awards consumption and balance of plant IIPS provides the medium for under this Announcement from Fiscal issues and improve the associated disseminating Announcements, Year (FY) 2005 through FY 2007. The capital and operating costs while receiving financial assistance available DOE funding in FY 2005, FY burning a high volatile bituminous coal applications, and evaluating the 2006 and FY 2007 is anticipated to be when compared to current state-of-the- applications in a paperless approximately $2,000,000 per Fiscal art NOX control technologies. This

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research is to be innovative when dollar-per-ton of NOX removed of at Issued in Pittsburgh, PA on February 18, compared to technologies that are least 25% over the current state-of-the- 2004. currently being implemented and art SCR should be demonstrated by Dale A. Siciliano, demonstrated at the commercial-scale. these technologies. The applications Director, Acquisition and Assistance Division. Additionally, the offered projects need should also address the impact of these [FR Doc. 04–4582 Filed 3–1–04; 8:45 am] to have successfully completed advanced technologies on related issues BILLING CODE 6450–01–P laboratory/bench-scale or prior pilot- such as unburned carbon, waterwall scale testing and these results are wastage, heat transfer surface fouling, required to clearly demonstrate the sulfur trioxide generation, and mercury DEPARTMENT OF ENERGY technology’s capabilities and cost speciation and capture where benefits. The applications should appropriate. National Energy Technology address the NOX research priorities In conducting this development effort, Laboratory; Notice of Availability of a identified by the joint Department of data is sought to: (1) Verify technology Funding Opportunity Announcement Energy, the Electric Power Research performance in terms of NOX reduction, AGENCY: National Energy Technology Institute, and the Coal Utilization (2) determine preliminary process/ Laboratory, Department of Energy Research Council Clean Coal equipment and operating costs, (3) (DOE). Technology Roadmap: http:// quantify potential balance-of-plant ACTION: Notice of availability of a www.netl.doe.gov/coalpower/ccpi/pubs/ (BOP) impacts, (4) develop process Funding Opportunity Announcement. CCT-Roadmap.pdf. monitoring/control tools to assist in DATES: The funding opportunity management of NOX control equipment, SUMMARY: Notice is hereby given of the announcement will be available on the and (5) measure and assess potential intent to issue, on behalf of the DOE ‘‘Industry Interactive Procurement mercury control associated with Office of Energy Assurance (OEA), System’’ (IIPS) Web page located at multiple pollutant or co-control Funding Opportunity Announcement http://e-center.doe.gov on or about technology. No. DE–PS26–04NT42071 entitled February 13, 2004. Applicants can This announcement focuses on the Development of Technologies for obtain access to the funding opportunity following program areas of interest: (1) Assurance of the U.S. Energy announcement from the address above Advanced Combustion Concepts; (2) Infrastructure. The funding opportunity or through DOE/NETL’s Web site at SCR Catalyst Developments; and (3) announcement will request applicants http://www.netl.doe.gov/business. Enhanced Mercury Oxidation in the to submit proposals in any of three ADDRESSES: Questions and comments Combustor. Applications can only be Areas of Interest: 1. Physical Security, 2. regarding the content of the submitted to one of these three areas of Cyber Security, and 3. Modeling, announcement should be submitted interest. Approximately $3,500,000 in Simulation and Analysis. Technologies through the ‘‘Submit Question’’ feature total funding is expected to be available proposed in the Areas of Interest should of IIPS at http://e-center.doe.gov. Locate under this announcement and the DOE protect the critical energy infrastructure. the announcement on IIPS and then anticipates awarding between three and Critical infrastructures are systems, such click on the ‘‘Submit Question’’ button. six cooperative agreements. A cost share as the United States’ energy system, You will receive an electronic commitment of at least 25 percent from whose extensive incapacity or notification that your question has been non-federal sources is required for destruction would have a debilitating answered. Responses to questions may research and development projects. impact on the defense and economic be viewed through the ‘‘View Once released, the funding security of our Nation. For the purposes Questions’’ feature. If no questions have opportunity announcement will be of this funding opportunity been answered, a statement to that effect available for downloading from the IIPS announcement, the scope of the energy will appear. You should periodically Internet page. At this Internet site you infrastructure shall be limited to the check ‘‘View Questions’’ for new will also be able to register with IIPS, following: Electrical Delivery Assets questions and answers. enabling you to submit an application. (Non-nuclear central generation FOR FURTHER INFORMATION CONTACT: If you need technical assistance in facilities, including fossil-fired and Mary Price, MS 921–107, U.S. registering or for any other IIPS hydroelectric plants; High-voltage Department of Energy, National Energy function, call the IIPS Help Desk at transmission equipment, including Technology Laboratory, P.O. Box 10940, (800) 683–0751 or E-mail the Help Desk critical substations, switchyards and 626 Cochrans Mill Road, E-mail personnel at IIPS_HelpDesk@e- transmission towers; Low-voltage Address: [email protected], center.doe.gov. The funding opportunity distribution assets, including related Telephone Number: 412–386–6179. announcement will only be made substations and switchyards; End user & SUPPLEMENTARY INFORMATION: The available in IIPS, no hard (paper) copies on-site generation equipment; Control- funding opportunity announcement of the funding opportunity and-command assets, such as SCADA addresses the need for strategic announcement and related documents (Supervisory Control and Data research, development, and testing of will be made available. Telephone Acquisition) and communications and efficient, cost-effective NOX control requests, written requests, E-mail monitoring systems associated with technologies, processes and concepts requests, or facsimile requests for a copy electrical delivery). Fuel Processing & that are to be retrofitted to existing of the funding opportunity Storage Assets (Refineries; Mid-stream pulverized coal-fired electric utility announcement will not be accepted natural gas processing plants located at boilers. This effort is to focus primarily and/or honored. Applications must be the end of gathering systems and on combustion systems capable of prepared and submitted in accordance interstate pipelines; Natural gas storage controlling NOX emissions to a level with the instructions and forms facilities, including underground areas below 0.15 lbs/million Btu and contained in the announcement. The (aquifers, depleted oil and gas fields, advanced SCR concepts that achieve actual funding opportunity and salt caverns); Liquid storage 90% NOX reductions based on inlet announcement document will allow for facilities, including above-ground NOX levels of 0.10 to 0.40 lbs/million requests for explanation and/or facilities for storing LNG (liquid natural Btu. A levelized cost savings on a interpretation. gas), facilities for storing LPG (liquid

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petroleum gases)-propane, ethane, etc., (800) 683–0751 or E-mail the Help Desk The meeting presentation will feature an retail gasoline facilities and oil/gas tank personnel at IIPS_HelpDesk@e- overview of the covenant deferral process at farms; and, Control-and-command center.doe.gov. The funding opportunity the East Tennessee Technology Park. assets, such as SCADA and announcement will only be made Public Participation: The meeting is communications and monitoring available in IIPS, no hard (paper) copies open to the public. Written statements systems associated with fuel processing of the funding opportunity may be filed with the Committee either and storage). Delivery Systems (Natural announcement and related documents before or after the meeting. Individuals gas pipelines, including compression will be made available. who wish to make oral statements stations and hubs; Liquid pipelines and Telephone requests, written requests, pertaining to agenda items should pumping stations delivering/pumping E-mail requests, or facsimile requests for contact Pat Halsey at the address or crude oil, refined products, or LPG; a copy of the funding opportunity telephone number listed above. Control-and-command assets, such as announcement package will not be Requests must be received five days SCADA and communications and accepted and/or honored. Applications prior to the meeting and reasonable monitoring systems associated with must be prepared and submitted in provision will be made to include the delivery systems). Exploration and accordance with the instructions and presentation in the agenda. The Deputy Production (Onshore production forms contained in the funding Designated Federal Officer is facilities and Offshore production opportunity announcement. The actual empowered to conduct the meeting in a facilities). funding opportunity announcement fashion that will facilitate the orderly DATES: The funding opportunity document will allow for requests for conduct of business. Each individual announcement will be available on the explanation and/or interpretation. wishing to make public comment will ‘‘Industry Interactive Procurement Issued in Morgantown, WV, on February be provided a maximum of five minutes System’’ (IIPS) Web page located at 19, 2004. to present their comments. This Federal http://e-center.doe.gov on or about Dale A. Siciliano, Register notice is being published less March 6, 2004. Applicants can obtain than 15 days prior to the meeting date Director, Acquisition and Assistance Division. access to the funding opportunity due to programmatic issues that had to announcement from the address above [FR Doc. 04–4583 Filed 3–1–04; 8:45 am] be resolved prior to the meeting date. or through DOE/NETL’s Web site at BILLING CODE 6450–01–P Minutes: Minutes of this meeting will http://www.netl.doe.gov/business. be available for public review and copying at the Department of Energy’s ADDRESSES: Questions and comments DEPARTMENT OF ENERGY regarding the content of the Information Center at 475 Oak Ridge announcement should be submitted Environmental Management Site- Turnpike, Oak Ridge, TN between 8 through the ‘‘Submit Question’’ feature Specific Advisory Board, Oak Ridge a.m. and 5 p.m. Monday through Friday, of IIPS at http://e-center.doe.gov. Locate Reservation or by writing to Pat Halsey, Department the announcement on IIPS and then of Energy Oak Ridge Operations Office, click on the ‘‘Submit Question’’ button. AGENCY: Department of Energy. P.O. Box 2001, EM–90, Oak Ridge, TN You will receive an electronic ACTION: Notice of open meeting. 37831, or by calling (865) 576–4025. notification that your question has been Issued at Washington, DC on February 26, answered. Responses to questions may SUMMARY: This notice announces a 2004. be viewed through the ‘‘View meeting of the Environmental Rachel M. Samuel, Questions’’ feature. If no questions have Management Site-Specific Advisory Deputy Advisory Committee Management been answered, a statement to that effect Board (EM SSAB), Oak Ridge. The Officer. will appear. You should periodically Federal Advisory Committee Act (Pub. [FR Doc. 04–4584 Filed 3–1–04; 8:45 am] check ‘‘View Questions’’ for new L. No. 92–463, 86 Stat. 770) requires BILLING CODE 6450–01–P questions and answers. that public notice of these meetings be FOR FURTHER INFORMATION CONTACT: Ms. announced in the Federal Register. Patricia Reger, U.S. Department of DATES: Wednesday, March 10, 2004, 6 DEPARTMENT OF ENERGY Energy, National Energy Technology p.m. Laboratory, 3610 Collins Ferry Road, Environmental Management Site- P.O. Box 880, Morgantown WV 26507– ADDRESSES: DOE Information Center, Specific Advisory Board, Paducah 0880, E-mail Address: 475 Oak Ridge Turnpike, Oak Ridge, AGENCY: [email protected], Telephone TN. Department of Energy (DOE). Number: 304–285–4084. ACTION: Notice of open meeting. FOR FURTHER INFORMATION CONTACT: Pat SUPPLEMENTARY INFORMATION: National Halsey, Federal Coordinator, SUMMARY: This notice announces a Laboratories are not permitted to Department of Energy Oak Ridge meeting of the Environmental participate as prime contractors in Operations Office, P.O. Box 2001, EM– Management Site-Specific Advisory response to this funding opportunity 90, Oak Ridge, TN 37831. Phone (865) Board (EM SSAB), Paducah. The announcement. Participation by 576–4025; Fax (865) 576–5333 or e-mail: Federal Advisory Committee Act (Pub. National Laboratories as subcontractors [email protected] or check the web L. 92–463, 86 Stat. 770) requires that shall be limited to 10% of the award site at http://www.oakridge.doe.gov/em/ public notice of these meetings be value. Once released, the funding ssab. announced in the Federal Register. opportunity announcement will be available for downloading from the IIPS SUPPLEMENTARY INFORMATION: Purpose of DATES: Thursday, March 18, 2004, 5:30 Internet page. At this Internet site you the Board: The purpose of the Board is p.m.–9:30 p.m. will also be able to register with IIPS, to make recommendations to DOE and ADDRESSES: 111 Memorial Drive, enabling you to submit an application. its regulators in the areas of Barkley Centre, Paducah, Kentucky. If you need technical assistance in environmental restoration, waste FOR FURTHER INFORMATION CONTACT: registering or for any other IIPS management, and related activities. William E. Murphie, Deputy Designated function, call the IIPS Help Desk at Tentative Agenda: Federal Officer, Department of Energy

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Portsmouth/Paducah Project Office, a.m. and 4 p.m., Monday-Friday, except DOCKET# RM02–1, 001, Standardization 1017 Majestic Drive, Suite 200, Federal holidays. Minutes will also be of Generator Interconnection Agreements Lexington, Kentucky 40513, (859) 219– available at the Department of Energy’s and Procedures E–2. 4001. Environmental Information Center and OMITTED SUPPLEMENTARY INFORMATION: Purpose of Reading Room at 115 Memorial Drive, E–3. the Board: The purpose of the Board is Barkley Centre, Paducah, Kentucky OMITTED to make recommendations to DOE and between 8 a.m. and 5 p.m. on Monday E–4. its regulators in the areas of through Friday or by writing to David DOCKET# ER04–383, 000, Southern environmental restoration and waste Dollins, Department of Energy Paducah California Edison Company OTHER#S ER04–384, 000, Southern management activities. Site Office, Post Office Box 1410, MS– 103, Paducah, Kentucky 42001 or by California Edison Company Tentative Agenda ER04–384, 001, Southern California Edison calling (270) 441–6819. Company 5:30 p.m.—Informal Discussion Issued at Washington, DC on February 26, ER04–385, 000, Southern California Edison 6 p.m.—Call to Order; Introductions; 2004. Company Approve February Minutes; Review Rachel M. Samuel, ER04–386, 000, Southern California Edison Agenda Company Deputy Advisory Committee Management E–5. 6:05 p.m.—DDFO’s Comments Officer. 6:25 p.m.—Ex-officio Comments OMITTED [FR Doc. 04–4585 Filed 3–1–04; 8:45 am] E–6. 6:35 p.m.—Federal Coordinator BILLING CODE 6450–01–P OMITTED Comments E–7. 6:45 p.m.—Public Comments and DOCKET# ER03–580, 000, Midwest Questions DEPARMENT OF ENERGY Independent Transmission System 6:55 p.m.—Break Operator, Inc. 7:05 p.m.—Task Forces/Presentations Federal Energy Regulatory OTHER#S EL03–119, 000, Midwest • Conflict of Interest Commission Independent Transmission System • Waste Operations Task Force Operator, Inc. • ER03–580, 001, Midwest Independent Water Task Force Sunshine Act Meeting Transmission System Operator, Inc. • Long Range Strategy/Stewardship February 25, 2004. ER03–580, 002, Midwest Independent 8:05 p.m.—Public Comments and Transmission System Operator, Inc. Questions The following notice of meeting is ER03–580, 003, Midwest Independent 8:15 p.m.—Administrative Issues published pursuant to section 3(a) of the Transmission System Operator, Inc. • Review of Workplan Government in the Sunshine Act (Pub. ER03–580, 004, Midwest Independent • Review of Next Agenda L. 94–409), 5 U.S.C. 552b: Transmission System Operator, Inc. E–8. • AGENCY HOLDING MEETING: Federal Annual Planning Retreat OMITTED 8:35 p.m.—Review of Action Items Energy Regulatory Commission. E–9. 8:50 p.m.—Subcommittee Reports DATE AND TIME: March 3, 2004, 10 a.m. DOCKET# ER02–2458, 000, Midwest • Community Concerns PLACE: Room 2C, 888 First Street, NE., Independent Transmission System • Public Involvement/Membership Washington, DC 20426. Operator, Inc. OTHER#S ER02–2458, 001, Midwest 9:15 p.m.—Final Comments STATUS: Open. 9:30 p.m.—Adjourn Independent Transmission System MATTERS TO BE CONSIDERED: Agenda Operator, Inc. Copies of the final agenda will be *Note—Items Listed on the Agenda May E–10. available at the meeting. be Deleted Without Further Notice. OMITTED Public Participation: The meeting is CONTACT PERSON FOR MORE INFORMATION: E–11. open to the public. Written statements Magalie R. Salas, Secretary, telephone DOCKET# ER01–3034, 003, Duke Energy may be filed with the Committee either Oakland, LLC (202) 502–8400; for a recording listing E–12. before or after the meeting. Individuals items stricken from or added to the who wish to make oral statements DOCKET# EL01–93, 008, Mirant Americas meeting, call (202) 502–8627. Energy Marketing, LP, Mirant New pertaining to agenda items should This is a List of Matters To Be England, LLC, Mirant Kendall, LLC, and contact David Dollins at the address Considered by the Commission. It Does Mirant Canal, LLC v. ISO New England listed below or by telephone at (270) Not Include a Listing of All Papers Inc. 441–6819. Requests must be received Relevant to the Items on the Agenda; E–13. five days prior to the meeting and however, All Public Documents May Be DOCKET# EL02–63, 002, Constellation reasonable provision will be made to Examined in the Reference and Power Source, Inc. v. California Power Exchange Corporation include the presentation in the agenda. Information Center. The Deputy Designated Federal Officer E–14. is empowered to conduct the meeting in OMITTED Administrative Agenda E–15. a fashion that will facilitate the orderly A–1. DOCKET# EL00–95, 081, San Diego Gas & conduct of business. Each individual DOCKET# AD02–1, 000, Agency Electric Company v. Sellers of Energy wishing to make public comments will Administrative Matters and Ancillary Services Into Markets be provided a maximum of five minutes A–2. Operated by the California Independent to present their comments as the first DOCKET# AD02–7, 000, Customer Matters, system Operator and the California item of the meeting agenda. Reliability, Security and Market Power Exchange Minutes: The minutes of this meeting Operations OTHER#S EL00–98, 069, Investigation of will be available for public review and A–3. Practices of the California Independent DOCKET# AD04–3, 000, Presentation by System Operator Corporation and the copying at the Freedom of Information the Information Assessment Team California Power Exchange Public Reading Room, 1E–190, Forrestal E–16. Building, 1000 Independence Avenue, Markets, Tariffs and Rates—Electric DOCKET# EL01–22, 003, Idaho Power SW., Washington, DC 20585 between 9 E–1. Company

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E–17. E–35. OMITTED OMITTED DOCKET# EL03–138, 000, Aquila G–2. E–18. Merchant Services, Inc. (f/k/a Aquila, OMITTED DOCKET# EL03–34, 001, Midwest Inc.) G–3. Independent Transmission System OTHER#S EL03–181, 000, Aquila DOCKET# RP02–340, 003, ANR Pipeline Operator, Inc. Merchant Services, Inc. (f/k/a Aquila, Company E–19. Inc.) G–4. DOCKET# EL03–223, 001, California E–36. DOCKET# RP96–200, 118, CenterPoint Power Exchange Corporation OMITTED Energy Gas Transmission Company E–20. E–37. OTHER#S RP96–200, 113, CenterPoint DOCKET# ER03–1138, 001, Idaho Power OMITTED Energy Gas Transmission Company Company E–38. RP96–200, 092, CenterPoint Energy Gas E–21. DOCKET# EL03–170, 000, Reliant Transmission Company DOCKET# ER03–458, 001, American Resources, Inc., Reliant Energy Power RP96–200, 097, CenterPoint Energy Gas Electric Power Service Corporation Generation, Inc., and Reliant Energy Transmission Company E–22. Services, Inc. RP96–200, 101, CenterPoint Energy Gas DOCKET# EL00–111, 007, Cities of E–39. Transmission Company Anaheim, Azusa, Banning, Colton, and OMITTED RP96–200, 102, CenterPoint Energy Gas Riverside, California v. California E–40. Transmission Company Independent System Operator DOCKET# EL03–160, 000, Morgan Stanley RP96–200, 103, CenterPoint Energy Gas Corporation Capital Group Transmission Company OTHER#S EL01–84, 003, Salt River Project OTHER#S EL03–195, 000, Morgan Stanley RP96–200, 104, CenterPoint Energy Gas Agricultural Improvement and Power Capital Group Transmission Company District v. California Independent E–41. RP96–200, 105, CenterPoint Energy Gas System Operator Corporation DOCKET# EL03–191, 000, Las Vegas Transmission Company ER01–607, 005, California Independent Cogeneration L.P. RP96–200, 106, CenterPoint Energy Gas System Operator Corporation OTHER#S EL03–194, 000, Montana Power Transmission Company E–23. Company RP96–200, 107, CenterPoint Energy Gas OMITTED EL03–198, 000, PECO Energy Company Transmission Company E–24. EL03–203, 000, Valley Electric Association, RP96–200, 108, CenterPoint Energy Gas DOCKET# EL03–40, 001, Wisconsin Public Inc. Transmission Company Service Corporation v. Midwest E–42. RP96–200, 110, CenterPoint Energy Gas Independent Transmission System DOCKET# EL03–156, 000, Idaho Power Transmission Company Operator, Inc. Company RP96–200, 111, CenterPoint Energy Gas E–25. E–43. Transmission Company DOCKET# ER03–942, 002, California DOCKET# EL03–163, 000, PacifiCorp G–5. Independent System Operator E–44. OMITTED Corporation DOCKET# EL03–165, 000, Portland G–6. E–26. General Electric Company OMITTED DOCKET# ER93–465, 032, Florida Power & E–45. G–7. Light Company DOCKET# EL03–140, 000, Automated DOCKET# RP04–24, 002, Algonquin Gas OTHER#S OA96–39, 009, Florida Power & Power Exchange, Inc. Transmission Company Light Company E–46. OTHER#S RP04–24, 001, Algonquin Gas ER96–417, 001, Florida Power & Light DOCKET# PA02–2, 000, Fact-Finding Transmission Company Company Investigation of Potential Manipulation G–8. ER96–1375, 002, Florida Power & Light of Electric and Natural Gas Prices DOCKET# RP03–544, 003 Texas Gas Company E–47. Transmission, LLC OA97–245, 002, Florida Power & Light DOCKET# ER02–136, 004, Allegheny G–9. Company Power DOCKET# RP02–515, 002, Texas Gas E–27. E–48. Transmission Corporation OMITTED DOCKET# ER03–409, 001, Pacific Gas and G–10. E–28. Electric Company OMITTED OMITTED OTHER#S ER03–666, 001, Pacific Gas and G–11. E–29. Electric Company DOCKET# RP00–336, 016, El Paso Natural DOCKET# EL04–33, 000, KES Kingsburg, E–49. Gas Company L.P. DOCKET# EL00–66, 000, Louisiana Public OTHER#S RP00–139, 006, KN Marketing, OTHER#S QF86–155, 004, KES Kingsburg, Service Commission and the Council of L.P. v. El Paso Natural Gas Company L.P. the City of New Orleans v. Entergy RP00–336, 015, El Paso Natural Gas E–30. Corporation Company DOCKET# EL00–89, 000, Southern OTHER#S EL95–33, 002, Louisiana Public RP01–484, 004, Aera Energy LLC, Amoco California Edison Company Service Commission v. Entergy Services, Production Company, BP Energy OTHER#S EL00–89, 001, Southern Inc. Company, Burlington Resources Oil & California Edison Company ER00–2854, 000, Entergy Services, Inc. Gas Company LP, Conoco Inc., Coral E–31. E–50. Energy Resources LP, ONEOK Energy OMITTED DOCKET# ER04–14, 002, Detroit Edison Marketing & Trading Company, L.P., E–32. Company Pacific Gas and Electric Company, Panda DOCKET# EL04–43, 000, Tenaska Power Gila River L.P., the Public Utilities Services Co., v. Midwest Independent Miscellaneous Agenda Commission of the State of California, Transmission System Operator, Inc. M–1. Southern California Edison Company, OTHER#S EL04–46, 000, Cargill Power DOCKET# RM99–5, 000, Regulations Southern California Gas Company and Markets, LLC v. Midwest Independent Under the Outer Continental Shelf Lands Texaco Natural Gas Inc. Transmission System Operator, Inc. Act Governing the Movement of Natural RP01–486, 004, Texas, New Mexico and E–33. Gas on Facilities on the Outer Arizona Shippers v. El Paso Natural Gas OMITTED Continental Shelf Company E–34. G–12. DOCKET# EL04–31, 000, Quest Energy, Markets, Tariffs and Rates—Gas DOCKET# RP03–545, 003, Dominion Cove L.L.C. v. The Detroit Edison Company G–1. Point LNG, LP

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OTHER#S RP03–545, 002, Dominion Cove OTHER#S EL03–224, 001, Massachusetts members from the Commission’s program Point LNG, LP Municipal Wholesale Electric Company offices who will advise the Commissioners in G–13. v. Power Authority of the State of New the matters discussed will also be present. DOCKET# RP04–64, 001, Indicated York Shippers v. Trunkline Gas Company, Magalie R. Salas, LLC Energy Projects—Certificates Secretary. G–14. C–1. [FR Doc. 04–4676 Filed 2–27–04; 10:30 am] DOCKET# CP02–396, 007, Greenbrier DOCKET# RP04–130, 000, Fidelity BILLING CODE 6717–01–P Exploration & Production Company v. Pipeline Company, LLC Southern Star Central Gas Pipeline, Inc. CP02–397, 007, Greenbrier Pipeline G–15. Company, LLC DOCKET# OR96–2, 000, ARCO Products CP02–398, 007, Greenbrier Pipeline ENVIRONMENTAL PROTECTION Co. a Division of Atlantic Richfield Company, LLC AGENCY Company, Texaco Refining and Magalie R. Salas, [FRL–7629–5; Docket ID No. RCRA–2004– Marketing Inc., and Mobil Oil 0001] Corporation v. SFPP Secretary. OTHER#S OR92–2, 002, Ultramar Diamond The Capitol Connection offers the Shamrock Corporation and Ultramar, opportunity for remote listening and Office of Solid Waste and Emergency Inc. v. SFPP viewing of the meeting. It is available Response; Announcement of Listening OR96–2, 002, SFPP, L.P. for a fee, live over the Internet, via C- Sessions OR96–10, 000, ARCO Products Co. a Band Satellite. Persons interested in AGENCY: Environmental Protection Division of Atlantic Richfield Company, receiving the broadcast, or who need Texaco Refining and Marketing Inc., and Agency (EPA). Mobil Oil Corporation v. SFPP information on making arrangements ACTION: Notice. OR96–10, 002, SFPP, L.P. should contact David Reininger or Julia OR96–15, 000, Ultramar Diamond Morelli at the Capitol Connection (703– SUMMARY: EPA will hold listening Shamrock Corporation and Ultramar, 993–3100) as soon as possible or visit sessions on March 23, 2004, in State Inc. v. SFPP the Capitol Connection Web site at College, Pennsylvania; April 13, 2004, OR96–17, 000, Ultramar Diamond http://www.capitolconnection.gmu.edu in Dallas, Texas; and April 22, 2004, in Shamrock Corporation and Ultramar, and click on ‘‘FERC’’. Vincennes, Indiana. These three Inc. v. SFPP [FR Doc. 04–4675 Filed 2–27–04; 10:27 am] listening sessions are opportunities for OR96–17, 002, SFPP, L.P. interested parties to provide EPA with OR97–2, 000, Ultramar Diamond Shamrock BILLING CODE 6717–01–P Corporation and Ultramar, Inc. v. SFPP information on the practices of placing IS98–1, 000, SFPP, L.P. coal combustion byproducts in coal OR98–1, 000, ARCO Products Co. a DEPARTMENT OF ENERGY mines and at surface impoundments Division of Atlantic Richfield Company, and landfills, including non-coal mine Texaco Refining and Marketing Inc., and Federal Energy Regulatory sites. EPA is interested in obtaining Mobil Oil Corporation v. SFPP Commission information on benefits and problems OR98–2, 000, Ultramar Diamond Shamrock associated with the practices. Placement Corporation and Ultramar, Inc. v. SFPP Notice of Meeting, Notice of Vote, of coal combustion byproducts at coal OR98–13, 000, Tosco Corporation v. SFPP Explanation of Action Closing Meeting mines is currently regulated under any OR00–4, 000, ARCO Products Co. a and List of Persons to Attend Division of Atlantic Richfield Company, of three scenarios: (1) Regulated by federal or State agencies operating Texaco Refining and Marketing Inc., and February 26, 2004. under authority of the federal Surface Mobil Oil Corporation v. SFPP The following notice of meeting is Mining Reclamation and Control Act OR00–7, 000, Navajo Refining Corporation published pursuant to Section 3(a) of v. SFPP (SMCRA) administered by the U.S. the Government in the Sunshine Act OR00–9, 000, Ultramar Diamond Shamrock Department of the Interior; (2) regulated (Pub. L. No. 94–409), 5 U.S.C. 552b: Corporation and Ultramar, Inc. v. SFPP by State agencies operating under State OR00–10, 000, Refinery Holding Company Agency Holding Meeting: Federal Energy mining or solid waste laws; or (3) a v. SFPP Regulatory Commission. combination of these. EPA is in the OR98–1, 000, Tosco Corporation v. SFPP Date and Time: March 4, 2004, 9:30 A.M. OR00–9,000, Tosco Corporation v. SFPP Place: 888 First Street, NE., Washington, process of considering whether G–16. DC 20426. Resource Conservation and Recovery DOCKET# RP04–35, 001, Williston Basin Status: Closed. Act (RCRA) subtitle D or SMCRA Interstate Pipeline Company Matters To Be Considered: Non-Public authorities or some combination of both Investigations and Inquiries, Enforcement are most appropriate to regulate Energy Projects—Hydro Related Matters, and Security of Regulated placement at coal mines. For placement H–1. Facilities. of coal combustion byproducts at DOCKET# P–2493, 006, Puget Sound Contact Person for More Information: surface impoundments and landfills, Energy, Inc. Magalie R. Salas, Secretary, Telephone (202) H–2. 502–8400. including non-coal mine sites, EPA is in DOCKET# P–344, 015, Southern California Chairman Wood and Commissioners the process of developing regulations Edison Company Brownell, Kelliher, and Kelly voted to hold under subtitle D of RCRA. At these H–3. a closed meeting on March 4, 2004. The listening sessions, officials from the U.S. OMITTED certification of the General Counsel Department of the Interior and State H–4. explaining the action closing the meeting is mining and solid waste agencies will be OMITTED available for public inspection in the present, along with EPA officials. H–5. Commission’s Public reference room at 888 DATES: OMITTED First Street, NW., Washington, DC 20426. The listening session dates are: H–6. The Chairman and the Commissioners, 1. March 23, 2004, in State College, OMITTED their assistants, the Commission’s Secretary Pennsylvania. H–7. and her assistant, the General Counsel and 2. April 13, 2004, in Dallas, Texas. DOCKET# P–2000, 046, Power Authority of members of her staff, and a stenographer are 3. April 22, 2004, in Vincennes, the State of New York expected to attend the meeting. Other staff Indiana.

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ADDRESSES: The listening session electronic public docket and comment each listening session to begin at 6:30 locations are: system, EPA Dockets. You may use EPA p.m. and end at 9 p.m. If the number of 1. State College, Pennsylvania—the Dockets at http://www.epa.gov/edocket/ registered speakers indicates the need to Nittany Lion Inn, 200 West Park Ave., to view public comments, access the extend to a later hour, EPA will do so. State College, PA. index listing of the contents of the Authority: 42 U.S.C. 6901–6991i. 2. Dallas, Texas—Fairmont Hotel, official public docket, and to access 1717 N. Akard St., Dallas, TX. those documents in the public docket Dated: February 23, 2004. 3. Vincennes, Indiana—Quality Inn that are available electronically. Robert Springer, Vincennes, 600 Old Wheatland Rd., Although not all docket materials may Director, Office of Solid Waste. Vincennes, IN. be available electronically, you may still [FR Doc. 04–4626 Filed 3–1–04; 8:45 am] FOR FURTHER INFORMATION CONTACT: access any of the publicly available BILLING CODE 6560–50–P Bonnie Robinson, Office of Solid Waste, docket materials through the docket Mail Code 5306W, Environmental facility identified above. Once in the Protection Agency, 1200 Pennsylvania system, select ‘‘search,’’ then key in the ENVIRONMENTAL PROTECTION Avenue, NW., Washington, DC 20460; appropriate docket ID number. AGENCY telephone number (703) 308–8429; fax You may access EPA information number (703) 308–8686; e-mail address: electronically at the EPA Web site [FRL–7629–1] [email protected]. www.epa.gov/epaoswer/other/fossil/ index.htm. Correction: Agreement and Covenant SUPPLEMENTARY INFORMATION: Not To Sue: Union Pacific Railroad I. General Information II. Background Company For placement of coal combustion AGENCY: Environmental Protection A. Does This Action Apply to Me? byproducts at coal mines, EPA is in the Agency. This action is directed to the public process of considering whether RCRA in general; however, persons may be subtitle D or SMCRA authorities or ACTION: Correction of notice of interested who work or live at or near some combination of both are most Prospective Purchaser Agreement/ facilities at which coal combustion appropriate to ensure protection of Agreement and Covenant Not to Sue, byproducts are generated or placed, or human health and the environment. For Request for Public Comment. persons who are concerned about placement of coal combustion SUMMARY: This document contains a implementation of the Federal Resource byproducts at surface impoundments correction to the Notice which was Conservation and Recovery Act (RCRA) and landfills, including non-coal mine or the Federal Surface Mining Control sites, EPA is in the process of published on Tuesday, February 17, and Reclamation Act (SMCRA). developing regulations under RCRA 2004 (69 FR 7480). Language regarding subtitle D. These EPA actions and the a 15 day public comment period was B. How Can I Obtain Related background for them were initially omitted in the original Federal Register Information? described in EPA’s Notice of Regulatory Notice. 1. Docket. EPA has established an Determination on Wastes From the This Correction and the original official public docket for this action Combustion of Fossil Fuels (65 FR Notice concern a proposed Prospective under Docket ID No. RCRA–2004–0001. 32214–32237, May 22, 2000). This Purchaser Agreement and Agreement The official public docket consists of the Regulatory Determination, an associated and Covenant Not to Sue (‘‘Agreement’’) documents specifically referenced in Report to Congress, and other related between the United States, State of this action, any public comments documents may be accessed at the Web Colorado, and the Union Pacific received, and other information related site identified above. In this process Railroad Company (Union Pacific). to this action. Although a part of the EPA has contacted State and Federal Union Pacific desires to acquire a official docket, the public docket does regulatory agencies, the coal mining and perpetual easement or other property not include Confidential Business coal combustion industries, and the interest across the Broderick Wood Information (CBI) or other information public to learn of issues associated with Products Site, the Sand Creek Site, the whose disclosure is restricted by statute. the several practices. These three Chemical Sales Site, the Woodbury The official public docket is the listening sessions are further Chemical Site and the Koppers Site, all collection of materials that is available opportunity for the public to provide Superfund or RCRA sites in or near for public viewing at the OSWER Docket EPA with information on these practices Denver, Colorado, in order to establish in the EPA Docket Center (EPA/DC), involving coal combustion byproducts. a more direct east-west rail corridor EPA West, Room B102, 1301 To register to speak at one of these through the north Denver area. In Constitution Ave., NW., Washington, three listening sessions, you should consideration of and exchange for the DC. The EPA Docket Center Public contact the person listed above under United States and the State of Reading Room is open from 8:30 a.m. to FOR FURTHER INFORMATION CONTACT. To Colorado’s Covenant Not to Sue and 4:30 p.m., Monday through Friday, speak at one of the listening sessions, Removal of Lien, Union Pacific agrees to excluding legal holidays. The telephone you should register no later than seven pay for or perform the remedy repair number for the Public Reading Room is calendar days prior to the listening and replacement work at the Sites and (202) 566–1744, and the telephone session. At each listening session, to reimburse the Environmental number for the OSWER Docket is (202) speakers’ speaking time will be limited Protection Agency and the Colorado 566–0270. according to the number of persons Department of Public Health and 2. Electronic Access. You may access registering to speak. If you are unable to Environment for their oversight costs this Federal Register document register to speak, EPA will attempt to incurred in oversight of such work. electronically through the EPA Internet accommodate you after the registered DATES: For fifteen (15) days following under the Federal Register listings at speakers have spoken. There is no the date of publication of this document http://www.epa.gov/fedrgstr/. limitation on the amount of written March 17, 2004, the Agency will receive An electronic version of the public material which can be provided to EPA written comments relating to the docket is available through EPA’s at the listening sessions. EPA plans for proposed Agreement.

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ADDRESSES: Please send all comments information collected; and (d) ways to FEDERAL COMMUNICATIONS on this document to Richard Sisk, Legal minimize the burden of the collection of COMMISSION Enforcement Attorney (8ENF–L), U.S. information on the respondents, Environmental Protection Agency, 999 including the use of automated Notice of Public Information 18th Street, Suite 300, Denver, CO collection techniques or other forms of Collection(s) Being Reviewed by the 80202–2466. The Agency’s response to information technology. Federal Communications Commission any comments received will be available DATES: Written Paperwork Reduction for Extension Under Delegated for public inspection at the Superfund Act (PRA) comments should be Authority Records Center at the U.S. submitted on or before April 1, 2004. If February 23, 2004. Environmental Protection Agency, you anticipate that you will be SUMMARY: The Federal Communications Region VIII, 999 18th Street, Denver, submitting comments, but find it Commission, as part of its continuing Colorado 80202. The Agreement is difficult to do so within the period of effort to reduce paperwork burden subject to final approval after the time allowed by this notice, you should invites the general public and other comment period. advise the contact listed below as soon Federal agencies to take this FOR FURTHER INFORMATION CONTACT: as possible. opportunity to comment on the Richard Sisk, Legal Enforcement ADDRESSES: Direct all comments following information collection(s), as Attorney at the above mentioned regarding this Paperwork Reduction Act required by the Paperwork Reduction address or at (303) 312–6638. Please submission to Judith B. Herman, Federal Act (PRA) of 1995, Public Law 104–13. contact Sharon Abendschan, Communications Commission, Room 1– An agency may not conduct or sponsor Enforcement Specialist at (303) 312– C804, 445 12th Street, SW., DC 20554 or a collection of information unless it 6957 for requests for copies of the via the Internet to Judith- displays a currently valid control Agreement and/or repository location(s) [email protected]. number. No person shall be subject to where supporting documentation may FOR FURTHER INFORMATION CONTACT: For any penalty for failing to comply with be found and reviewed. additional information or copies of the a collection of information subject to the Dated: February 19, 2004. information collection(s), contact Judith Paperwork Reduction Act (PRA) that Eddie A. Sierra, B. Herman at 202–418–0214 or via the does not display a valid control number. Comments are requested concerning (a) Acting Assistant Regional Administrator, Internet at [email protected]. Office of Enforcement, Compliance and SUPPLEMENTARY INFORMATION: OMB whether the proposed collection of Environmental Justice, U.S. Environmental Control No.: 3060–0684. information is necessary for the proper Protection Agency, Region VIII. Title: Amendment to the performance of the functions of the [FR Doc. 04–4628 Filed 3–1–04; 8:45 am] Commission’s Rules Regarding a Plan Commission, including whether the BILLING CODE 6560–50–P for Sharing the Costs of Microwave information shall have practical utility; Relocation, WT Docket No. 95–157. (b) the accuracy of the Commission’s Form No: N/A. burden estimate; (c) ways to enhance Type of Review: Extension of a the quality, utility and clarity of the FEDERAL COMMUNICATIONS currently approved collection. information collected; and (d) ways to COMMISSION Respondents: Individuals or minimize the burden of the collection of Notice of Public Information households and business or other for- information on the respondents, Collection(s) Being Reviewed by the profit. including the use of automated Number of Respondents: 2,000. Federal Communications Commission collection techniques or other forms of Estimated Time Per Response: .50–1 information technology. February 23, 2004. hours. DATES: Written Paperwork Reduction SUMMARY: The Federal Communications Frequency of Response: On occasion (PRA) comments should be submitted Commission, as part of its continuing and biennial reporting requirements, on or before May 3, 2004. If you effort to reduce paperwork burden third party disclosure requirement. anticipate that you will be submitting Total Annual Burden: 1,790 hours. invites the general public and other comments, but find it difficult to do so Total Annual Cost: $612,800. Federal agencies to take this Needs and Uses: This information within the period of time allowed by opportunity to comment on the collection is necessary to effectuate the this notice, you should advise the following information collection(s), as relocation of fixed microwave contact listed below as soon as possible. required by the Paperwork Reduction incumbents from the 2GHz band to clear ADDRESSES: Direct all Paperwork Act of 1995, Public Law 104–13. An spectrum for the development of PCS. In Reduction Act (PRA) comments to agency may not conduct or sponsor a addition, the collections are necessary Judith B. Herman, Federal collection of information unless it to effectuate the Commission’s plan for Communications Commission, Room 1– displays a currently valid control PCS relocators and subsequent PCS C804, 445 12th Street, SW., Washington, number. No person shall be subject to licensees to share the costs of relocating DC 20554 or via the Internet to Judith- any penalty for failing to comply with existing 2 GHz microwave facilities, [email protected]. a collection of information subject to the thus providing for a fair and efficient FOR FURTHER INFORMATION CONTACT: For Paperwork Reduction Act (PRA) that relocation process. This plan fosters the additional information or copies of the does not display a valid control number. development of competitive broadcast information collection(s), contact Judith Comments are requested concerning (a) PCS service throughout the country, B. Herman at 202–418–0214 or via the whether the proposed collection of while permitting incumbent providers Internet at Judith B. [email protected]. information is necessary for the proper to relocate to higher spectrum bands. SUPPLEMENTARY INFORMATION: OMB performance of the functions of the Federal Communications Commission. Control Number: 3060–0939. Commission, including whether the Title: E911, Second Memorandum information shall have practical utility; Marlene H. Dortch, Opinion and Order. (b) the accuracy of the Commission’s Secretary. Form No.: N/A. burden estimate; (c) ways to enhance [FR Doc. 04–4617 Filed 3–1–04; 8:45 am] Type of Review: Extension of a the quality, utility, and clarity of the BILLING CODE 6712–01–P currently approved collection.

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Respondents: Business or other for- FEDERAL RESERVE SYSTEM indicated. The application also will be profit, not-for-profit institutions; and available for inspection at the offices of state, local and tribal government. Change in Bank Control Notices; the Board of Governors. Interested Number of Respondents: 50. Acquisition of Shares of Bank or Bank persons may express their views in Estimated Time per Response: 1 hour. Holding Companies writing on the standards enumerated in Frequency of Response: On occasion the BHC Act (12 U.S.C. 1842(c)). If the The notificants listed below have reporting requirement. proposal also involves the acquisition of applied under the Change in Bank Total Annual Burden: 50 hours. a nonbanking company, the review also Control Act (12 U.S.C. 1817(j)) and Total Annual Cost: N/A. includes whether the acquisition of the § 225.41 of the Board’s Regulation Y (12 Needs and Uses: In an effort to nonbanking company complies with the CFR 225.41) to acquire a bank or bank minimize delays in Enhanced 911 rule standards in section 4 of the BHC Act holding company. The factors that are implementation, the Second (12 U.S.C. 1843). Unless otherwise considered in acting on the notices are Memorandum Opinion and Order noted, nonbanking activities will be set forth in paragraph 7 of the Act (12 provides that, in the case of disputes conducted throughout the United States. U.S.C. 1817(j)(7)). between wireless carriers and public Additional information on all bank The notices are available for safety answering points regarding E911 holding companies may be obtained immediate inspection at the Federal transmission methods or other from the National Information Center Reserve Bank indicated. The notices technology, the parties involved may website at www.ffiec.gov/nic/. also will be available for inspection at petition for Commission assistance in Unless otherwise noted, comments the office of the Board of Governors. resolving their dispute. Thus, in order regarding each of these applications Interested persons may express their for the Commission to participate in must be received at the Reserve Bank views in writing to the Reserve Bank negotiations, petitioners will have to indicated or the offices of the Board of indicated for that notice or to the offices provide the Commission with certain Governors not later than March 26, of the Board of Governors. Comments data concerning the dispute. 2004. must be received not later than March OMB Control Number: 3060–1060. A. Federal Reserve Bank of Title: Wireless E911 Coordination 16, 2004. Richmond (A. Linwood Gill, III, Vice Initiative Letter. A. Federal Reserve Bank of President) 701 East Byrd Street, Form No.: N/A. Minneapolis (Jacqueline G. Nicholas, Richmond, Virginia 23261-4528: Type of Review: Extension of a Community Affairs Officer) 90 1. TransCommunity Bankshares currently approved collection. Hennepin Avenue, Minneapolis, Incorporated, Glen Allen, Virginia; to Respondents: State, local and tribal Minnesota 55480-0291: acquire 100 percent of the voting shares government. 1. Gerald A. Payne, LeRoy, of Bank of Louisa, National Association, Number of Respondents: 36. Minnesota; to acquire additional voting Louisa, Virginia, an organizing bank. Estimated Time per Response: .75 shares of First LeRoy Bancorporation, B. Federal Reserve Bank of Atlanta hours. Inc., LeRoy, Minnesota, and thereby (Sue Costello, Vice President) 1000 Frequency of Response: On occasion indirectly acquire additional voting Peachtree Street, N.E., Atlanta, Georgia and one-time reporting requirements. shares of First State Bank of LeRoy, 30303: Total Annual Burden: 27 hours. Minnesota. 1. New Regions Financial Total Annual Cost: N/A. Board of Governors of the Federal Reserve Corporation, Birmingham, Alabama; to Needs and Uses: The Federal System, February 25, 2004. become a bank holding company by Communications Commission requests Robert deV. Frierson, acquiring 100 percent of the voting continued OMB clearance for an Deputy Secretary of the Board. shares of Regions Financial Corporation, information collection requirement, [FR Doc. 04–4526 Filed 3–1–04; 8:45 am] and indirectly acquire Regions Bank, implemented in a letter that was sent, BILLING CODE 6210–01–S both of Birmingham, Alabama. following the FCC’s Second E911 2. New Regions Financial Coordination Initiative, to pertinent Corporation, Birmingham, Alabama; to State officials who had been appointed FEDERAL RESERVE SYSTEM merge with Union Planters Corporation, to oversee their States’ programs to Memphis, Tennessee, and thereby implement emergency (E911) Phase II Formations of, Acquisitions by, and indirectly acquire Union Planters service. This is necessary for this Mergers of Bank Holding Companies Holding Corporation, Memphis, voluntary reporting collection so that Tennessee; Union Planters Bank, N.A., the Commission can correct serious The companies listed in this notice Memphis, Tennessee; Franklin inaccuracies and have up-to-date have applied to the Board for approval, Financial Group, Inc., Morristown, information to ensure the integrity of pursuant to the Bank Holding Company Tennessee; and Union Planters Bank of the Commission’s database of Public Act of 1956 (12 U.S.C. 1841 et seq.) Lakeway Area, Morristown,Tennessee. Safety Answering Points (PSAPs) (BHC Act), Regulation Y (12 CFR Part In connection with this application, throughout the nation. The accurate 225), and all other applicable statutes Applicant also has applied to acquire compiling and maintaining of this and regulations to become a bank Regions Morgan Keegan Trust, F.S.B., database is an inherent part of the holding company and/or to acquire the Birmingham, Alabama, and thereby Commission’s effort to achieve the assets or the ownership of, control of, or engage in operating a savings expeditious implementation of E911 the power to vote shares of a bank or association, pursuant to section service across the nation and to ensure bank holding company and all of the 225.28(b)(4)(ii) of Regulation Y. homeland security. banks and nonbanking companies owned by the bank holding company, Board of Governors of the Federal Reserve Federal Communications Commission. including the companies listed below. System, February 25, 2004. Marlene H. Dortch, The applications listed below, as well Robert deV. Frierson, Secretary. as other related filings required by the Deputy Secretary of the Board. [FR Doc. 04–4618 Filed 3–1–04; 8:45 am] Board, are available for immediate [FR Doc. 04–4525 Filed 3–1–04; 8:45 am] BILLING CODE 6712–01–P inspection at the Federal Reserve Bank BILLING CODE 6210–01–S

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DEPARTMENT OF HEALTH AND term (five years) to allow them to Summary of the Award Process HUMAN SERVICES develop and test far-ranging ideas. The award process is summarized Awardees are expected to commit the briefly below and in detail online at National Institutes of Health major portion of their effort to activities http://nihroadmap.nih.gov/highrisk/ supported by the NDPA. The program is initiatives/pioneer/faq.asp. National Institutes of Health Director’s not intended to support ongoing Pioneer Award (NDPA) research projects or simply expand the Eligibility funding of persons already well ACTION: Notice. Nominees for the NDPA must be U.S. supported. citizens, non-citizen nationals, or SUMMARY: The National Institutes of The only constraint on the research to permanent residents who are currently Health (NIH) provides notice of the be done with this award will be that it engaged in research. The research need establishment of the NIH Director’s must be relevant to the NIH mission. not be related to conventional Pioneer Award (NDPA) program. The The spectacular advances made in the biomedical or behavioral disciplines; if NIH is establishing the program to biological and medical sciences in the the individual’s experience is in identify and fund investigators of last few decades have opened doors to nonbiological areas there must be exceptionally creative abilities and even greater opportunities in the 21st evidence of interest in exploring topics diligence for a significant term (5 years) century. The NIH has been, and will of biomedical relevance. If selected, to allow them to develop and test far- continue to be, a major player in the individuals must show evidence of support of this groundbreaking research. ranging ideas. Awardees are expected to infrastructure support. Investigators at Much of the NIH success derives from commit the major portion of their effort early stages of their career, as well as its reliance on investigator-initiated to activities supported by the NDPA. those who are established, will be research proposals (the bedrock R01 The program is not intended to support eligible. award) and its dual system of peer ongoing research projects or simply review and advisory council oversight. The Nomination Process expand the funding of persons who are However, there is evidence that some already well supported. The only In the first phase of the application additional means may be necessary to constraint on the research to be process, nominations are to be further accelerate advances in medical conducted with this award will be that submitted by mentors, colleagues, science and the resulting gains in the it must be relevant to the NIH mission. institutions, or by the individuals health and well-being of the American themselves. Only a single nomination DATES: Nominations must be submitted people. package may be submitted for each by 12 midnight, April 1, 2004. The face of biomedical research is person. The nomination package is to FOR FURTHER INFORMATION CONTACT: To changing. Many of the new include a letter and the nominee’s learn more about the award online, opportunities for research involve resume or curriculum vitae, each no please refer to the NIH Director’s crossing traditional disciplinary lines more than two pages in length. Pioneer Award Web site at http:// and bringing forward different The letter must explain why the nihroadmap.nih.gov/highrisk/ conceptual frameworks as well as nominee should be considered initiatives/pioneer/index.asp, or e-mail methodologies. These developments exceptional and therefore highly likely your questions to [email protected]. The appear to justify support for more to pursue original avenues of inquiry NIH Director’s Pioneer Award is among aggressive risk-taking and innovation. directed at very challenging biomedical several initiatives being undertaken as a While the current NIH funding system problems. Although creativity comes in part of the NIH Roadmap Activities, will continue to support groundbreaking many forms, aspects common to http://nihroadmap.nih.gov. research and innovation within the innovative people include an interest in, context of its traditional research grant Background and the ability to integrate, diverse mechanisms, additional avenues seem sources of information, an inclination to The NIH, in acknowledgment of the necessary to encourage high-risk/high- challenge paradigms and take changing face of biomedical research,1 impact research in this new context. intellectual risks, resilience in the face is announcing a new program, the NIH To address this issue, NIH convened of failure, an ability to attract the right Director’s Pioneer Award. a group of highly distinguished outside collaborators, and the diligence and History suggests that leaps in consultants with expertise in concentration necessary to plan and knowledge frequently result from biomedical, behavioral and social execute effective strategies for exceptional minds willing and able to sciences, and in physical sciences and accomplishing goals. The letter should explore ideas that were considered risky engineering, and representing academia, also provide evidence of the nominee’s at their inception, especially in the foundations, business, and industry. interest in the types of biomedical absence of strong supportive data. Such This group proposed that NIH problems that are particularly overdue individuals are more likely to take such implement novel programs targeted for fresh approaches. risks when they are assured of adequate specifically to identify, encourage, and Nominations should be submitted via funds for a sufficient period of time and support the people and projects that the Internet to http:// are free to set their own research will produce tomorrow’s conceptual nihroadmap.nih.gov/highrisk/ agenda. The NIH Director’s Pioneer and technological breakthroughs. These initiatives/pioneer/index.asp. The Web Award (NDPA) program is being programs would complement the other site will be open to receive nominations established to identify and fund NIH research grants programs and from March 1, 2004, through midnight investigators of exceptionally creative would provide additional opportunities April 1, 2004, eastern standard time. abilities and diligence for a sufficient to those afforded within the Institutes and Centers for research that contests The Selection Process 1 While the term biomedical research is used the status quo across the breadth of the All nominations will be evaluated by throughout this notice it should be broadly NIH mission. A first step in this process NIH staff for eligibility and by outside interpreted to include the scientific investigations of biomedical, behavioral, social, physical, is the establishment of a new NIH experts to identify promising candidates chemical, and computer scientists, engineers, and program to support exceptionally who will be invited formally to apply mathematicians. creative individual scientists. for the NDPA. In the second phase of

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this process, beginning mid-June, the (NHLBI) conducts research on lung (1) Preparation of an IDE for FDA candidates will be asked to provide an disease that includes development of approval for the coating of the tube and essay of 3–5 pages describing their new technologies for the prevention of of the mucus cleaning system; views on the major challenges in nosocomial pneumonia and ventilator- (2) Assistance in conducting clinical biomedical and behavioral research to induced injury. trials to determine the performance of which they feel they can make seminal The great majority of mechanically this multi-task strategy in the contributions. No detailed scientific ventilated patients are intubated with an prevention of Ventilator-associated plan should be provided since the endotracheal tube (ETT). Millions of Pneumonia and improvement of care of research plan will be expected to evolve endotracheal tubes are used in the patients intubated and mechanically during the tenure of the grant. In United States every year. VAP is the ventilated; addition, each candidate will submit a most common nosocomial infection in copy of his/her most significant Intensive Care Unit (ICU) patients, (3) Manufacture of the ultra-thin publication or achievement and arrange afflicting 8 to 28% of patients receiving coated ETT with gills, bactericidal for direct submission of letters of mechanical ventilation (MV). VAP is coated tubes, and the cleaning system. support from three individuals who may also the leading cause of death from The collaborator may also be expected or may not have been nominators. A hospital-acquired infection. NHLBI data to contribute financial support under subset of the candidates will be indicate that improved design of the this CRADA for personnel, supplies, interviewed in August-September 2004 ETT and conditions of use can travel, and equipment to support these by a panel of outside experts. significantly reduce the incidence of projects. Additional input will be provided by VAP. the Advisory Committee to the Director, After a few days of MV, the lumen of The tilting bed noted in the NIH, and final selections will be an ETT is coated with a thick bacterial experimental studies above will be the completed and announced by the end of biofilm, which is a major source for subject of a concurrent CRADA September 2004. bacterial colonization of the lower announcement issued by NHLBI. Interested parties are encouraged to Awards respiratory tract, and VAP. Accumulation of mucus/secretions on inquire using the contact information To inaugurate this program, we have the interior of the ETT effectively lowers below. set aside sufficient funds in 2004 to the cross section of the ETT and CRADA capability statements should provide 5–10 awards. The awards will increases significantly the work of be submitted to Marianne Lynch, JD, be up to $500,000 direct costs each year breathing in intubated patients, who Technology Transfer Specialist, for five years. Although there are no then require increased MV support, National Heart, Lung, and Blood stipulations on the research agenda, the with prolonged intubation and ICU stay. Institute (NHLBI), Office of Technology awardee will be required to submit an In experimental studies, NHLBI Transfer and Development, National annual report of activities conducted showed that it is possible to prevent Institutes of Health, 6705 Rockledge during the year and to participate in an bacterial colonization of the trachea, annual symposium on the NIH Drive, Suite 6018, MSC 7992, Bethesda, bronchi, lungs, ETT, and ventilator MD 20892–7992; Phone: (301) 594– Bethesda, Maryland, campus. This circuit over a prolonged time of MV symposium will allow awardees to 4094; Fax: (301) 594–3080; e-mail: (168 hours), to decrease ETT resistance [email protected]. Capability share their ideas, progress, and and therefore the work of breathing, and experience with each other, the research statements must be received on or to avoid tracheal mucosal injury or before May 3, 2004. community, and NIH staff. decrease mucus-clearance following Dated: February 20, 2004. inflation of the cuff, when: (1) The ETT The NHLBI has applied for patents Elias A. Zerhouni, is cleaned with a novel cleaning system claiming the core of the technology. Director, National Institutes of Health. to remove all mucus from the lumen of Non-exclusive and/or exclusive licenses [FR Doc. 04–4531 Filed 3–1–04; 8:45 am] the ETT; (2) the ETT is coated with for these patents covering core aspects of this project are available to interested BILLING CODE 4140–01–P bactericidal agents (silver-sulfadiazine with or without chlorhexidine in parties. polyurethane); (3) low resistance thin- Licensing inquiries regarding this DEPARTMENT OF HEALTH AND walled ETT is used; (4) the cuff of the technology should be addressed to HUMAN SERVICES ETT is replaced with gills; and (5) the Michael Shmilovich, JD, Technology ETT and trachea are kept horizontal, Licensing Specialist, Office of National Institutes of Health through a tilting bed that allows lateral Technology Transfer, National Institutes body rotation. National Heart, Lung, and Blood of Health, 6011 Executive Boulevard, This CRADA project is with the Suite 325, Rockville, Maryland 20852– Institute (NHLBI); Opportunity for a Pulmonary and Cardiac Assist Devices Cooperative Research and 3804, Phone: (301) 435–5019; Fax: (301) Section within P–CCMB in NHLBI. The 402–0220; e-mail: Development Agreement (CRADA) for NHLBI is seeking capability statements the Development of a Novel [email protected]. Information from parties interested in entering into about Patent Applications and pertinent Endotracheal Tube Cleaning System a CRADA to further develop, evaluate, information not yet publicly described and Improved Endotracheal Tube and commercialize new design and can be obtained under the terms of a Design and Conditions of Use management of ETTs in patients Confidential Disclosure Agreement. AGENCY: National Institutes of Health, intubated, and mechanically ventilated, Public Health Service, DHHS. that include a novel ETT cleaning Respondents interested in submitting a CRADA Proposal should be aware that ACTION: Notice. device and a low resistance ultra-thin ETT coated with bactericidal agents, it may be necessary to secure a license SUMMARY: The Pulmonary—Critical Care with gills. The goals are to use the to the above-mentioned patent rights in Medicine Branch (P–CCMB) in National respective strengths of both parties to order to commercialize products arising Heart, Lung, and Blood Institute achieve the following: from a CRADA.

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Dated: February 19, 2004. inflammation, and cancer metastasis. produced by rotating the disk shaped Dr. Carl Roth, The dendrimer also may be used to column on a planar motion device. Associate Director for Scientific Program identify and locate sentinel lymph Dated: February 24, 2004. Operations, National Heart, Lung, and Blood nodes into which lymph fluid flows Steven M. Ferguson, Institute. from a tumor. The conventional Director, Division of Technology Development [FR Doc. 04–4532 Filed 3–1–04; 8:45 am] clinically approved MRI contract agent, and Transfer, Office of Technology Transfer, BILLING CODE 4140–01–M Gd-[DTPA]-dimeglumine (<1kD) was National Institutes of Health. unable (in murine models) to depict [FR Doc. 04–4529 Filed 3–1–04; 8:45 am] lymphatics when used in conjunction BILLING CODE 4140–01–P DEPARTMENT OF HEALTH AND with the same imaging system. Thus, HUMAN SERVICES the present dendrimer provides a novel method to visualize lymphatic drainage National Institutes of Health DEPARTMENT OF HEALTH AND that has not been previously reported. HUMAN SERVICES Government-Owned Inventions; Apparatus and Method for High Speed Availability for Licensing Countercurrent Chromatography of National Institutes of Health Peptides and Proteins AGENCY: National Institutes of Health, Office of the Director; Amended Notice Public Health Service, DHHS. Yoichiro Ito (NHLBI); PCT of Meeting ACTION: Notice. Application No. PCT/US03/09189 filed 25 Mar 2003, which published as WO Notice is hereby given of a change in SUMMARY: The inventions listed below 03/087807 on 23 Oct 2003 (DHHS the meeting of the NIH Blue Ribbon are owned by an agency of the U.S. Reference No. E–148–2001/0–PCT–02); Panel on Conflict of Interest Policies. Government and are available for U.S. Provisional Application No. 60/ The previous notice announced the licensing in the U.S. in accordance with 457,058 filed 21 Mar 2003 (DHHS meeting on March 1–2, 2004, open 35 U.S.C. 207 to achieve expeditious Reference No. E–014–2003/0–US–01); session from 8:30 a.m. on March 1 until commercialization of results of U.S. Provisional Application No. 60/ 12 noon on March 2, at NIH, 9000 federally-funded research and 464,665 filed 24 Apr 2003 (DHHS Rockville Pike, Bethesda, Maryland, development. Foreign patent Reference No. E–046–2003/0–US–01); Building 31C, Conference Room 10, applications are filed on selected Licensing Contact: Michael Shmilovich; with notification of public comments inventions to extend market coverage 301/435–5019; [email protected]. due February 26. for companies and may also be available This invention is an improved The meeting will be open until 10 for licensing. column design for High Speed Counter a.m. on March 2. Any person wishing to make a presentation to the panel during ADDRESSES: Current Chromatography (HSCCC) that Licensing information and the public comment session should copies of the U.S. patent applications increases partition efficiency by using novel column geometries. A standard notify Charlene French, Office of listed below may be obtained by writing Science Policy, National Institutes of to the indicated licensing contact at the HSCCC centrifuge uses a multilayer coil as a separation column to produce a Health, Building 1, Room 103, Bethesda, Office of Technology Transfer, National Maryland 20892, telephone 301–496– Institutes of Health, 6011 Executive high efficiency separation with good retention of the stationary phase in 2122 or by e-mail: Boulevard, Suite 325, Rockville, [email protected]. Maryland 20852–3804; telephone: (301) many solvent systems. However, the standard HSCCC, when used for highly Please note that the panel will meet 496–7057; fax: (301) 402–0220. A signed in Executive Session, beginning at 10:15 Confidential Disclosure Agreement will viscous, low interfacial tension solvent systems, is unsuccessful at retaining a a.m. on Tuesday, March 2, 2004. The be required to receive copies of the public portion of the meeting will end patent applications. suitable amount of the stationary phase. This invention greatly improves at 10 a.m. rather than at noon as Methods for Imaging the Lymphatic efficiency by modifying the column originally planned. System Using Dendrimer-Based from a coil to spiral geometry. Dated: February 25, 2004. Contrast Agents Therefore, this invention creates a LaVerne Y. Stringfield, Martin W. Brechbiel (NCI); U.S. centrifugal force gradient, which allows Director, Office of Federal Advisory Patent Application No. 10/756,948 filed for distribution of the heavier phase in Committee Policy. 13 Jan 2004 (DHHS Reference No. E– the peripheral and the lighter phase in [FR Doc. 04–4635 Filed 2–26–04; 8:45 am] 338–2003/0–US–01); Licensing Contact: the proximal parts of the column. The BILLING CODE 4140–01–M Michael Shmilovich; 301/435–5019; effect of the gradient becomes more [email protected]. pronounced as the pitch of the spiral is Available for licensing are methods increased. DEPARTMENT OF HEALTH AND for lymphatic system imaging using 4D The apparatus can be stacked on a HUMAN SERVICES Magnetic Resonance lymphography and support (E–014–2003) that provides a 240kD contract agent based on additive net spiral flow geometry. When National Institutes of Health generation-6 polyamidoamine mounted, it will produce efficient National Human Genome Research dendrimer (G6). The disclosed methods separation of proteins and peptides. Institute; Notice of Closed Meeting are applicable to the imaging of all Also, efficient stationary phase retention lymphatic structures, but in particular can be achieved through the use of a Pursuant to section 10(d) of the embodiments are particularly suited for plate apparatus (E–046–2003) that Federal Advisory Committee Act, as imaging specific parts of the lymphatic comprises a disk shaped column amended (5 U.S.C. Appendix 2), notice system such as lymph nodes or support having a spiral groove formed is hereby given of the following lymphatic vessels. The methods permit on its surface. At least one layer of fluid meeting. the assessment of abnormal conditions flow tubing is positioned substantially The meeting will be closed to the within the lymphatic system, such as within the spiral groove. The public in accordance with the lymphoma/lymphoproliferative disease, countercurrent chromatography effect is provisions set forth in sections

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552b(c)(4) and 552b(c)(6), title 5 U.S.C., Place: Bethesda Marriott, 5151 Pooks Hill Developmental Biology Research; 93.88, as amended. The grant applications and Road, Bethesda, MD 20814. Minority Access to Research Careers; 93.96, the discussions could disclose Contact Person: Gopal M. Bhatnagar, PhD, Special Minority Initiatives, National confidential trade secrets or commercial Scientific Review Administrator, National Institutes of Health, HHS) Institute of Child Health and Human Dated: February 24, 2004. property such as patentable material, Development, National Institutes of Health, and personal information concerning 6100 Bldg. Rm. 5B01, Rockville, MD 20852, LaVerne Y. Stringfield, individuals associated with the grant (301) 435–6889, [email protected]. Director, Office of Federal Advisory applications, the disclosure of which (Catalogue of Federal Domestic Assistance Committee Policy. would constitute a clearly unwarranted Program Nos. 93.864, Population Research; [FR Doc. 04–4536 Filed 3–1–04; 8:45 am] invasion of personal privacy. 93.865, Research for Mothers and Children; BILLING CODE 4140–01–M Name of Committee: National Human 93.929, Center for Medical Rehabilitation Genome Research Institute Special Emphasis Research; 93.209, Contraception and Panel, ELSI Centers Review. Infertility Loan Repayment Program, National DEPARTMENT OF HEALTH AND Institutes of Health, HHS) Date: March 29–30, 2004. HUMAN SERVICES Time: 8:30 a.m. to 5 p.m. Dated: February 24, 2004. Agenda: To review and evaluate grant LaVerne Y. Stringfield, National Institutes of Health applications. Director, Office of Federal Advisory Place: Bethesda Hyatt Regency, Bethesda, Committee Policy. National Institute of Child Health and MD. [FR Doc. 04–4535 Filed 3–1–04; 8:45 am] Contact Person: Rudy O. Pozzatti, PhD, Human Development; Notice of Closed Scientific Review Administrator, Office of BILLING CODE 4140–01–M Meeting Scientific Review, National Human Genome Research Institute, National Institutes of Pursuant to section 10(d) of the Health, Bethesda, MD 20892. 301–402–0838. DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as HUMAN SERVICES (Catalogue of Federal Domestic Assistance amended (5 U.S.C. Appendix 2), notice is hereby given of the following Program Nos. 93.172, Human Genome National Institutes of Health Research, National Institutes of Health, HHS.) meeting. Dated: February 24, 2004. National Institute of General Medical The meeting will be closed to the LaVerne Y. Stringfield, Sciences; Notice of Closed Meeting public in accordance with the Diretor, Office of Federal Advisory Committee provisions set forth in sections Policy. Pursuant to section 10(d) of the 552b(c)(4) and 552b(c)(6), title 5 U.S.C., [FR Doc. 04–4542 Filed 3–1–04; 8:45 am] Federal Advisory Committee Act, as as amended. The grant applications and amended (5 U.S.C. Appendix 2), notice BILLING CODE 4140–01–M the discussions could disclose is hereby given of the following confidential trade secrets or commercial meeting. property such as patentable material, DEPARTMENT OF HEALTH AND The meeting will be closed to the and personal information concerning HUMAN SERVICES public in accordance with the individuals associated with the grant provisions set forth in sections applications, the disclosure of which National Institutes of Health 552b(c)(4) and 552b(c)(6), title 5 U.S.C., would constitute a clearly unwarranted as amended. The grant applications and invasion of personal privacy. National Institute of Child Health and the discussions could disclose Human Development; Notice of Closed confidential trade secrets or commercial Name of Committee: National Institute of Meetings property such as patentable material, Child Health and Human Development and personal information concerning Special Emphasis Panel, Regulation of NuMA Pursuant to section 10(d) of the individuals associated with the grant in Cloned Pig Embryos. Federal Advisory Committee Act, as applications, the disclosure of which Date: March 15, 2004. amended (5 U.S.C. Appendix 2), notice would constitute a clearly unwarranted Time: 10 a.m. to 11:30 p.m. is hereby given of the following invasion of personal privacy. Agenda: To review and evaluate grant meetings. applications. The meetings will be closed to the Name of Committee: National Institute of Place: National Institutes of Health, 6100 General Medical Sciences Special Emphasis public in accordance with the Executive Boulevard, Room 5B01, Rockville, Panel, Centers of Excellence in Complex MD 20852 (Telephone Conference Call). provisions set forth in sections Biomedical Systems Research. Contact Person: Jon M. Ranhand, PhD, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Date: March 22–24, 2004. as amended. The grant applications and Time: 8 a.m. to 5 p.m. Scientific Review Administrator, Division of the discussions could disclose Agenda: To review and evaluate grant Scientific Review, National Institute of Child confidential trade secrets or commercial applications. Health and Human Development, NIH, 6100 property, such as patentable material, Place: Holiday Inn Select Bethesda, 8120 Executive Boulevard, Room 5B01, Bethesda, and personal information concerning Wisconsin Ave., Bethesda, MD 20814. MD 20892. (301) 435–6884, Contact Person: Laura K. Moen, PhD, individuals associated with the grant [email protected]. Scientific Review Administrator, Office of This notice is being published less than 15 applications, the disclosure of which Scientific Review, National Institute of days prior to the meeting due to the timing would constitute a clearly unwarranted General Medical Sciences, National Institutes limitations imposed by the review and invasion of personal privacy. of Health, Natcher Building, Room 1AS–13H, funding cycle. Name of Committee: National Institute of Bethesda, MD 20892, 301–594–3998, (Catalogue of Federal Domestic Assistance Child Health and Human Development [email protected]. Special Emphasis Panel, Genetic Control of (Catalogue of Federal Domestic Assistance Program Nos. 93.864, Population Research; Limb Development. Program Nos. 93.375, Minority Biomedical 93.865, Research for Mothers and Children; Date: March 22, 2004. Research Support; 93.821, Cell Biology and 93.929, Center for Medical Rehabilitation Time: 10:30 a.m. to 5 p.m. Biophysics Research; 93.859, Pharmacology, Research; 93.209, Contraception and Agenda: To review and evaluate grant Physiology, and Biological Chemistry Infertility Loan Repayment Program, National applications. Research; 93.862, Genetics and Institutes of Health, HHS)

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Dated: February 24, 2004. DEPARTMENT OF HEALTH AND is hereby given of the following LaVerne Y. Stringfield, HUMAN SERVICES meeting. Director, Office of Federal Advisory The meeting will be closed to the Committee Policy. National Institutes of Health public in accordance with the [FR Doc. 04–4537 Filed 3–1–04; 8:45 am] provisions set forth in sections National Institute of Child Health and BILLING CODE 4140–01–M 552b(c)(4) and 552b(c)(6), title 5 U.S.C., Human Development; Notice of Closed as amended. The grant applications and Meeting the discussions could disclose DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the confidential trade secrets or commercial HUMAN SERVICES Federal Advisory Committee Act, as property such as patentable material, and personal information concerning National Institutes of Health amended (5 U.S.C. Appendix 2), notice is hereby given of the following individuals associated with the grant applications, the disclosure of which National Institute of Child Health and meeting. The meeting will be closed to the would constitute a clearly unwarranted Human Development, Notice of Closed invasion of personal privacy. Meeting public in accordance with the provisions set forth in sections Name of Committee: National Institute of Pursuant to section 10(d) of the 552b(c)(4) and 552b(c)(6), title 5 U.S.C., Child Health and Human Development Federal Advisory Committee Act, as as amended. The grant applications and Special Emphasis Panel The Function of amended (5 U.S.C. Appendix 2), notice the discussions could disclose Cyclin A2 in Meiosis of the Mouse Oocyte. is hereby given of the following Date: March 22, 2004. confidential trade secrets or commercial Time: 3 p.m. to 4:30 p.m. meeting. property such as patentable material, The meeting will be closed to the Agenda: To review and evaluate grant and personal information concerning applications. public in accordance with the individuals associated with the grant Place: National Institutes of Health, 6100 provisions set forth in sections applications, the disclosure of which Executive Boulevard, Rockville, MD 20852 552b(c)(4) and 552b(c)(6), title 5 U.S.C., would constitute a clearly unwarranted (Telephone Conference Call). as amended. The grant applications and invasion of personal privacy. Contact Person: Jon M. Ranhand, PhD, the discussions could disclose Scientific Review Administrator, Division of confidential trade secrets or commercial Name of Committee: National Institute of Scientific Review, National Institute of Child property such as patentable material, Child Health and Human Development Health and Human Development, NIH, 6100 Special Emphasis Panel Genetic Basis of and personal information concerning Executive Boulevard, Room 5B01, Bethesda, Recovery and Rehabilitation (RFA–HD–03– MD 20892, 301–435–6884, individuals associated with the grant 025). [email protected]. applications, the disclosure of which Date: March 23, 2004. (Catalogue of Federal Domestic Assistance would constitute a clearly unwarranted Time: 8 a.m. to 5 p.m. Program Nos. 93.864, Population Research; Agenda: To review and evaluate grant invasion of personal privacy. 93.865, Research for Mothers and Children; applications. Name of Committee: National Institute of 93.929, Center for Medical Rehabilitation Place: Holiday Inn Select Bethesda, 8120 Child Health and Human Development Research; 93.209, Contraception and Wisconsin Ave, Bethesda, MD 20814. Special Emphasis Panel Anterior Vaginal Infertility Loan Repayment Program, National Contact Person: Robert H. Stretch, PhD, Wall Prolapse/The Function of the Urethra in Institutes of Health, HHS) Scientific Review Administrator, Division of Contienent Women. Scientific Review, National Institute of Child Dated: February 24, 2004. Date: March 8, 2004. Health and Human Development, NIH, 6100 LaVerne Y. Stringfield, Time: 3 p.m. to 5 p.m. Executive Blvd., Room 5E01, MSC 7510, Agenda: To review and evaluate grant Director, Office of Federal Advisory Bethesda, MD 20892 (301) 435–6912. applications. Committee Policy. Place: National Institutes of Health, 6100 (Catalogue of Federal Domestic Assistance [FR Doc. 04–4540 Filed 3–1–04; 8:45 am] Executive Boulevard, Room 5B01, Rockville, Program Nos. 93.864, Population Research; BILLING CODE 4140–01–M MD 20892 (Telephone Conference Call). 93.865, Research for Mothers and Children; Contact Person: Jon M. Ranhand, PhD, 93.929, Center for Medical Rehabilitation Scientific Review Administrator, Division of Research; 93.209, Contraception and DEPARTMENT OF HEALTH AND Scientific Review, National Institute of Child Infertility Loan Repayment Program, National HUMAN SERVICES Health and Human Development, NIH, 6100 Institutes of Health, HHS) Executive Boulevard, Room 5B01, Bethesda, Dated: February 24, 2004. National Institutes of Health MD 20892. (301) 435–6884, LaVerne Y. Stringfield, [email protected]. Director, Office of Federal Advisory National Institute of General Medical This notice is being published less than 15 Sciences; Notice of Closed Meeting days prior to the meeting due to the timing Committee Policy. limitations imposed by the review and [FR Doc. 04–4539 Filed 3–1–04; 8:45 am] Pursuant to section 10(d) of the funding cycle. BILLING CODE 4140–01–M Federal Advisory Committee Act, as (Catalogue of Federal Domestic Assistance amended (5 U.S.C. Appendix 2), notice Program Nos. 93.864, Population Research; is hereby given of the following 93.865, Research for Mothers and Children; DEPARTMENT OF HEALTH AND meeting. 93.929, Center for Medical Rehabilitation HUMAN SERVICES The meeting will be closed to the Research; 93.209, Contraception and public in accordance with the National Institutes of Health Infertility Loan Repayment Program, National provisions set forth in sections Institutes of Health, HHS) 552b(c)(4) and 552b(c)(6), title 5 U.S.C., Dated: February 24, 2004. National Institute of Child Health and Human Development, Notice of Closed as amended. The grant applications and LaVerne Y. Stringfield, Meeting the discussions could disclose Director, Office of Federal Advisory confidential trade secrets or commercial Committee Policy. Pursuant to section 10(d) of the property such as patentable material, [FR Doc. 04–4538 Filed 3–1–04; 8:45 am] Federal Advisory Committee Act, as and personal information concerning BILLING CODE 4140–01–M amended (5 U.S.C. Appendix 2), notice individuals associated with the grant

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applications, the disclosure of which Agenda: To review and evaluate grant DEPARTMENT OF HEALTH AND would constitute a clearly unwarranted applications. HUMAN SERVICES invasion of personal privacy. Place: Holiday Inn Select Bethesda, 8120 Wisconsin Ave., Bethesda, MD 20814. National Institutes of Health Name of Committee: National Institute of Contact Person: Peter J. Sheridan, PhD, General Medical Sciences Special Emphasis Scientific Review Administrator, Division of Center for Scientific Review; Notice of Panel, MBRS Score and Rise. Extramural Activities, National Institute of Closed Meetings Date: March 25, 2004. Mental Health, NIH, Neuroscience Center, Time: 2 p.m. to 4 p.m. 6001 Executive Blvd., Room 6142, MSC 9606, Pursuant to section 10(d) of the Agenda: To review and evaluate grant Bethesda, MD 20892–9606. (301) 443–1513; Federal Advisory Committee Act, as applications. [email protected]. amended (5 U.S.C. Appendix 2), notice Place: National Institutes of Health. Name of Committee: National Institute of Natcher Building, 45 Center Drive, Room is hereby given of the following Mental Health Special Emphasis Panel, meetings. 3AN12, Bethesda, MD 20892 (Telephone Translational Research in Borderline conference call). The meetings will be closed to the Personality Disorder. public in accordance with the Contact Person: Helen R. Sunshine, PhD, Date: March 25, 2004. Chief, Office of Scientific Review, National Time: 8:30 a.m. to 5 p.m. provisions set forth in sections Institute of General Medical Sciences, Agenda: To review and evaluate grant 552b(c)(4) and 552b(c)(6), title 5 U.S.C., National Institutes of Health, Natcher applications. as amended. The grant applications and Building, Room 3AN12F, Bethesda, MD Place: Holiday Inn Select Bethesda, 8120 the discussions could disclose 20892, 301–594–2881; Wisconsin Ave., Bethesda, MD 20814. confidential trade secrets or commercial [email protected]. Contact Person: Marina Broitman, PhD, property such as patentable material, (Catalogue of Federal Domestic Assistance Scientific Review Administrator, Division of and personal information concerning Program Nos. 93.375, Minority Biomedical Extramural Activities, National Institute of individuals associated with the grant Research Support; 93.821, Cell Biology and Mental Health, NIH, Neuroscience Center, applications, the disclosure of which Biophysics Research; 93.859, Pharmacology, 6001 Executive Blvd., Room 6153, MSC 9608, Physiology, and Biological Chemistry Bethesda, MD 20892–9608. 301–402–8152; would constitute a clearly unwarranted Research; 93.862, Genetics and [email protected]. invasion of personal privacy. Developmental Biology Research; 93.88, (Catalogue of Federal Domestic Assistance Name of Committee: Center for Scientific Minority Access to Research Careers; 93.96, Program Nos. 93.242, Mental Health Research Review Special Emphasis Panel, Adolescent Special Minority Initiatives, National Grants; 93.281, Scientist Development Family Dynamics. Institutes of Health, HHS.) Award, Scientist Development Award for Date: March 2, 2004. Time: 10 a.m. to 11:30 a.m. Dated: February 24, 2004. Clinicians, and Research Scientist Award; Agenda: To review and evaluate grant LaVerne Y. Stringfield, 93.282, Mental Health National Research applications. Director, Office of Federal Advisory Service Awards for Research Training, Place: National Institutes of Health, 6701 Committee Policy. National Institutes of Health, HHS.) Rockledge Drive, Bethesda, MD 20892 [FR Doc. 04–4541 Filed 3–1–04; 8:45 am] Dated: February 24, 2004. (Telephone Conference Call). BILLING CODE 4140–01–M LaVerne Y. Stringfield, Contact Person: Victoria S. Levin, MSW, Director, Office of Federal Advisory Scientific Review Administrator, Center for Committee Policy. Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3172, DEPARTMENT OF HEALTH AND [FR Doc. 04–4543 Filed 3–1–04; 8:45 am] HUMAN SERVICES MSC 7848, Bethesda, MD 20892, 301–435– BILLING CODE 4140–01–M 0912, [email protected]. National Institutes of Health This notice is being published less than 15 days prior to the meeting due to the timing National Institute of Mental Health; DEPARTMENT OF HEALTH AND limitations imposed by the review and funding cycle. Notice of Closed Meetings HUMAN SERVICES Name of Committee: Center for Scientific Pursuant to section 10(d) of the National Institutes of Health Review Special Emphasis Panel, ZRG1: SSS– Federal Advisory Committee Act, as 7 (11): Medical Imaging: Optics & Imaging. Center for Scientific Review; Amended Date: March 3, 2004. amended (5 U.S.C. Appendix 2), notice Notice of Meeting Time: 8 a.m. to 5 p.m. is hereby given of the following Agenda: To review and evaluate grant meetings. Notice is hereby given of a change in applications. The meeting will be closed to the the meeting of the Center for Scientific Place: Holiday Inn Select Bethesda, 8120 public in accordance with the Review Special Emphasis Panel, March Wisconsin Ave, Bethesda, MD 20814. provisions set forth in sections 4, 2004, 1:30 p.m. to March 4, 2004, 2:15 Contact Person: Robert J. Nordstrom, PhD, 552b(c)(4) and 552b(c)(6), title 5 U.S.C., Scientific Review Administrator, Center for p.m., National Institutes of Health, 6701 Scientific Review, National Institutes of as amended. The grant applications and Rockledge Drive, Bethesda, MD, 20892 Health, 6701 Rockledge Drive, Room 5118, the discussions could disclose which was published in the Federal MSC 7854, Bethesda, MD 20892, (301) 435– confidential trade secrets or commercial Register on February 13, 2004, 69 FR 1175, [email protected]. property such as patentable material, 7240–7241. This notice is being published less than 15 and personal information concerning The meeting will be held March 1, days prior to the meeting due to the timing individuals associated with the grant limitations imposed by the review and 2004, from 10 a.m. to 11 a.m. The funding cycle. applications, the disclosure of which location remains the same. The meeting Name of Committee: Center for Scientific would constitute a clearly unwarranted is closed to the public. invasion of personal privacy. Review Special Emphasis Panel, ZRG1: SSS– Dated: February 24, 2004. 7 (13): Medical Imaging: Unltrasound. Name of Committee: National Institute of LaVerne Y. Stringfield, Date: March 4, 2004. Mental Health Special Emphasis Panel, Time: 8 a.m. to 5 p.m. Director, Office of Federal Advisory Developing Translation Research on Agenda: To review and evaluate grant Committee Policy. Mechanisms of Extinction Learning. applications. Date: March 19, 2004. [FR Doc. 04–4533 Filed 3–1–04; 8:45 am] Place: Holiday Inn Select Bethesda, 8120 Time: 10 a.m. to 4 p.m. BILLING CODE 4140–01–M Wisconsin Ave, Bethesda, MD 20814.

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Contact Person: Robert J. Nordstrom, PhD, MSC 7849, Bethesda, MD 20892, 301–435– Contact Person: Charles N. Rafferty, PhD, Scientific Review Administrator, Center for 1159, [email protected]. Scientific Review Administrator, Center for Scientific Review, National Institutes of Name of Committee: Center for Scientific Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5118, Review Special Emphasis Panel, ZRG1 BlO Health, 6701 Rockledge Drive, Room 3172, MSC 7854, Bethesda, MD 20892, (301) 435– (40) Deciphering Enzymes Specificity. MSC 7816, Bethesda, MD 20892, 301–435– 1175, [email protected]. Date: March 18, 2004. 3562. [email protected]. This notice is being published less than 15 Time: 8:30 a.m. to 6 p.m. Name of Committee: Center for Scientific days prior to the meeting due to the timing Agenda: To review and evaluate grant Review Special Emphasis Panel, ZRG1: SSS– limitations imposed by the review and applications. 7 (50): Medical Imaging: Nanotechnologies. funding cycle. Place: Four Points By Sheraton Bethesda, Date: March 19, 2004. Name of Committee: Center for Scientific 8400 Wisconsin Avenue, Bethesda, MD Time: 2 p.m. to 4 p.m. Review Special Emphasis Panel, Chemokines 20814. Agenda: To review and evaluate grant and T Lymphocyte Migration. Contact Person: Michael M. Sveda, PhD, applications. Date: March 5, 2004. Scientific Review Administrator, Center for Place: National Institutes of Health, 6701 Time: 3:30 p.m. to 4:30 p.m. Scientific Review National Institutes of Rockledge Drive, Room 4136, 5118, Bethesda, Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 5152, MD 20892 (Telephone Conference Call). applications. MSC 7842, Bethesda, MD 20892, 301–435– Contact Person: Ranga V. Srinivas, PhD, Place: Residence Inn Bethesda, 7335 3565, [email protected]. Scientific Review Administrator, Center for Wisconsin Avenue, Bethesda, MD 20814 Name of Committee: Center for Scientific Scientific Review, National Institutes of (Telephone Conference Call). Review Special Emphasis Panel, Member Health, 6701 Rockledge Drive, Room 5222, Contact Person: Calbert A. Laing, Phd, Applications—Epidemiology of Chronic MSC 7852, Bethesda, MD 20892, (301) 435– 1167. [email protected]. Scientific Review Administrator, Center for Diseases. Scientific Review, National Institutes of Date: March 18, 2004. Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 4210, Time: 1 p.m. to 4 p.m. Review Special Emphasis Panel, ZRG1:SSS– MSC 7812, Bethesda, MD 20892, 301–435– Agenda: To review and evaluate grant 7 (1): Medical Imaging: MRI and Other 1221, [email protected]. applications. Imaging. This notice is being published less than 15 Place: National Institutes of Health, 6701 Date: March 22, 2004. days prior to the meeting due to the timing Rockledge Drive, Bethesda, MD 20892 Time: 8 a.m. to 5 p.m. limitations imposed by the review and (Telephone Conference Call). Agenda: To review and evaluate grant funding cycle. Contact Person: Ellen K. Schwartz, EDD, applications. Scientific Review Administrator, Center for Place: Holiday Inn Select Bethesda, 8120 Name of Committee: Center for Scientific Wisconsin Ave., Bethesda, MD 20814. Review Special Emphasis Panel, Cognitive Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3168, Contact Person: Robert J. Nordstrom, PhD, Development and Disorders. Scientific Review Administrator, Center for Date: March 17, 2004. MSC 7770, Bethesda, MD 20892, 301–435– 0681, [email protected]. Scientific Review, National Institutes of Time: 5 p.m. to 7 p.m. Health, 6701 Rockledge Drive, Room 5118, Agenda: To review and evaluate grant Name of Committee: Center for Scientific MSC 7854, Bethesda, MD 20892 (301) 435– applications. Review Special Emphasis Panel, Diagnosis 1175, [email protected] Place: National Institutes of Health, 6701 and Treatment of Mental Disorders. Name of Committee: Center for Scientific Rockledge Drive, Bethesda, MD 20892 Date: March 18, 2004. Review Special Emphasis Panel, Fogarty Time: 2 p.m. to 4 p.m. (Telephone Conference Call). International Center. Contact Person: Dana Plude, PhD, Agenda: To review and evaluate grant Date: March 22–23, 2004. Scientific Review Administrator, Center for applications. Time: 8 a.m. to 5 p.m. Scientific Review, National Institutes of Place: National Institutes of Health, 6701 Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 3192, Rockledge Drive, Bethesda, MD 20892 applications. Bethesda, MD 20892, 301–435–2309, (Telephone Conference Call). Place: OMNI Shoreham Hotel, 2500 Calvert [email protected]. Contact Person: Mary Sue Krause, MED, Street, Calvert Room, Washington, DC 20008. Name of Committee: Center for Scientific Scientific Review Administrator, Center for Contact Person: Hilary Sigmon, PhD, RN, Review Special Emphasis Panel, ZRG1 MI 01 Scientific Review, National Institutes of Scientific Review Administrator, Center for Q: Microscopic imaging: QUORUM. Health, 6701 Rockledge Drive, Room 3182, Scientific Review, National Institutes of Date: March 18, 2004. MSC 7848, Bethesda, MD 20892, 301–435– Health, 6701 Rockledge Drive, Room 5216, Time: 8 a.m. to 7 p.m. 0902, [email protected]. MSC 7852, Bethesda, MD 20892, 301–594– Agenda: To review and evaluate grant Name of Committee: Center for Scientific 6377, [email protected]. applications. Review Special Emphasis Panel, Neuro- Name of Committee: Center for Scientific Place: The River Inn, 924 25th Street, NW., Bioengineering. Review Special Emphasis Panel, ZRG1 Washington, DC 20037. Date: March 19, 2004. BDCN–F(10) Visual Systems SBIR. Contact Person: Sally Ann Amero, PhD, Time: 8 a.m. to 5 p.m. Date: March 22–23, 2004. Scientific Review Administrator, Center for Agenda: To review and evaluate grant Time: 8 a.m. to 5 p.m. Scientific Review, National Institutes of applications. Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 4190, Place: Sofitel Lafayette Square, 806 15th St. applications. MSC 7826, Bethesda, MD 20892, 301—435– NW., Washington, DC 20005. Place: Holiday Inn Select Bethesda, 8120 1159, [email protected]. Contact Person: Mary Custer, PhD, Wisconsin Ave., Bethesda, MD 20814. Name of Committee: Center for Scientific Scientific Review Administrator, Center for Contact Person: Jerome R. Wujek, PhD, Review Special Emphasis Panel, ZRG1 BMBl Scientific Review, National Institutes of Scientific Review Administrator, Center for 01Q: Biomaterials and Biointerfaces: Qorum. Health, 6701 Rockledge Drive, Room 4136, Scientific Review, National Institutes of Date: March 18–19, 2004. MSC 7850, Bethesda, MD 20892, 301–435– Health, 6701 Rockledge Drive, Room 5194, Time: 8:30 a.m. to 3 p.m. 1164, [email protected]. MSC 7846, Bethesda, MD 20892, 301–435– Agenda: To review and evaluate grant Name of Committee: Center for Scientific 2507, [email protected]. applications. Review Special Emphasis Panel, Name of Committee: Center for Scientific Place: Four Points by Sheraton Bethesda, Occupational Health Small Business. REview Special Emphasis Panel, Member 8400 Wisconsin Avenue, Bethesda, MD Date: March 19, 2004. Applications—Epidemiology of Clinical 20814. Time: 10 a.m. to 2 p.m. Disorders and Aging. Contact Person: Sally Ann Amero, PhD, Agenda: To review and evaluate grant Date: March 22, 2004. Scientific Review Administrator, Center for applications. Time: 2 p.m. to 4 p.m. Scientific Review, National Institutes of Place: Melrose Hotel, 2430 Pennsylvania Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 4190, Ave., NW., Washington, DC 20037. applications.

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Place: National Institutes of Health, 6701 Date: March 23, 2004. Name of Committee: Center for Scientific Rockledge Drive, Bethesda, MD 20892 Time: 1:30 p.m. to 3 p.m. Review Special Emphasis Panel, Hearing (Telephone Conference Call). Agenda: To review and evaluate grant Mechanisms: Animal Studies. Contact Person: Ellen K. Schwartz, EDD, applications. Date: March 24, 2004. Scientific Review Administrator, Center for Place: National Institutes of Health, 6701 Time: 10 a.m. to 12 p.m. Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892 Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 3168, (Telephone Conference Call). applications. MSC 7770, Bethesda, MD 20892, 301–435– Contact Person: M. Chris Langub, PhD, Place: National Institutes of Health, 6701 0681, [email protected]. Scientific Review Administrator, Center for Rockledge Drive, Bethesda, MD 20892 Name of Committee: Center for Scientific Scientific Review, National Institutes of (Telephone Conference Call). Review Special Emphasis Panel, Ventricular Health, 6701 Rockledge Drive, Room 4112, Contact Person: John Bishop, PhD, Remodeling Surgery. MSC 7814, Bethesda, MD 20892, 301–496– Scientific Review Administrator, Center for Date: March 22, 2004. 8551, [email protected]. Scientific Review, National Institutes of Time: 2:30 p.m. to 3:30 p.m. Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 5180, Agenda: To review and evaluate grant Review Special Emphasis Panel, MSC 7844, Bethesda, MD 20892, (301) 435– applications. Computational. 1250. Place: National Institutes of Health, 6701 Date: March 23, 2004. Name of Committee: Center for Scientific Rockledge Drive, Bethesda, MD 20892 Time: 2 p.m. to 4 p.m. Review Special Emphasis Panel, Viral (Telephone Conference Call). Agenda: To review and evaluate grant Infection and Common Variable Contact Person: Russell T. Dowell, PhD, applications. Immunodeficiency. Scientific Review Administrator, Center for Place: National Institutes of Health, 6701 Date: March 24, 2004. Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892 Time: 10:30 a.m. to 11:30 a.m. Health, 6701 Rockledge Drive, Room 4128, (Telephone Conference Call). Agenda: To review and evaluate grant MSC 7814, Bethesda, MD 20892, (301) 435– Contact Person: Bernard F. Driscoll, PhD, applications. 1850, [email protected]. Scientific Review Administrator, Center for Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call). Review Special Emphasis Panel, ZRG1 Health, 6701 Rockledge Drive, Room 5184, Contact Person: Joanna M. Pyper, PhD, PBC(4) National Resource for Imaging Mass MSC 7844, Bethesda, MD 20892, (301) 435– Scientific Review Administrator, Center for Spectrometry. 1242, [email protected]. Date: March 22–23, 2004. Scientific Review, National Institutes of Name of Committee: Center for Scientific Time: 4 p.m to 6 p.m. Health, 6701 Rockledge Drive, Room 3198, Agenda: To review and evaluate grant Review Special Emphasis Panel, Visual MSC 7808, Bethesda, MD 20892, (301) 435– applications. System Pharmacology. 1151, [email protected]. Date: March 23, 2004. Place: Four Points Sheraton of Bethesda, Name of Committee: Center for Scientific Time: 3 p.m. to 3:30 p.m. 8400 Wisconin Ave, Bethesda, MD 20817. Review Special Emphasis Panel, Agenda: To review and evaluate grant Contact Person: Zakir Bengali, PhD, Atherosclerosis. Scientific Review Administrator, Center for applications. Date: March 24, 2004. Scientific Review, National Institutes of Place: Holiday Inn Select Bethesda, 8120 Time: 11 a.m. to 12 p.m. Health, 6701 Rockledge Drive, Room 5150, Wisconsin Ave., Bethesda, MD 20814. Agenda: To review and evaluate grant MSC 7842, Bethesda, MD 20892, (301) 435– Contact Person: Rene Etcheberrigaray, MD, applications. 1742. Scientific Review Administrator, Center for Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892 Review Special Emphasis Panel, Structure Health, 6701 Rockledge Drive, Room 5196, (Telephone Conference Call). Databases and Modeling. MSC 7846, Bethesda, MD 20892, (301) 435– Contact Person: Ai-Ping Zou, PhD, MD, Date: March 23, 2004. 1246, [email protected]. Scientific Review Administrator, Center for Time: 10 a.m. to 12 p.m. Name of Committee: Center for Scientific Scientific Review, National Institutes of Agenda: To review and evaluate grant Review Special Emphasis Panel, Autism: Health, 6701 Rockledge Drive, Room 4118, applications. Genetics and Behavior. MSC 7814, Bethesda, MD 20892, 301–435– Place: National Institutes of Health, 6701 Date: March 23, 2004. 1777. Rockledge Drive, Bethesda, MD 20892 Time: 3 p.m. to 5 p.m. Name of Committee: Center for Scientific (Telephone Conference Call). Agenda: To review and evaluate grant Review Special Emphasis Panel, ZRG1 RUSD Contact Person: Peter B. Guthrie, PhD, applications. (01) Renal and Urological Pathobiology. Scientific Review Administrator, Center for Place: National Institutes of Health, 6701 Date: March 24, 2004. Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892 Time: 1:30 p.m. to 4 p.m. Health, 6701 Rockledge Drive, Room 4142, (Telephone Conference Call). Agenda: To review and evaluate grant MSC 7850, Bethesda, MD 20892, (301) 435– Contact Person: Anita Miller Sostek, PhD, applications. 1239, [email protected]. Scientific Review Administrator, Center for Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892 Review Special Emphasis Panel, Tumor Health, 6701 Rockledge Drive, Room 4100, (Telephone Conference Call). Metastasis Mechanisms. MSC 7184, Bethesda, MD 20892, 301–435– Contact Person: M. Chris Langub, PhD, Date: March 23, 2004. 1260, [email protected]. Scientific Review Administrator, Center for Time: 1 p.m. to 4 p.m. Name of Committee: Center for Scientific Scientific Review, National Institutes of Agenda: To review and evaluate grant Review Special Emphasis Panel, MDCN Health, 6701 Rockledge Drive, Room 4112, applications. Fellowship Review Meeting. MSC 7814, Bethesda, MD 20892, 301–496– Place: National Institutes of Health, 6701 Date: March 24–25, 2004. 8551, [email protected]. Rockledge Drive, Bethesda, MD 20892 Time: 8 a.m. to 6 p.m. Name of Committee: Center for Scientific (Telephone Conference Call). Agenda: To review and evaluate grant Review Special Emphasis Panel, ZRG1 IFCN– Contact Person: Victor A. Fung, PhD, applications. D–04 Neurobiology of Circadian Rhythms Scientific Review Administrator, Center for Place: The Fairmont Washington, 2401 M and Sleep. Scientific Review, National Institutes of Street, NW., Washington, DC 20037. Date: March 24, 2004. Health, 6701 Rockledge Drive, Room 6178, Contact Person: Mary Custer, PhD, Time: 2 p.m. to 4:30 p.m. MSC 7804, Bethesda, MD 20892, 301–435– Scientific Review Administrator, Center for Agenda: To review and evaluate grant 3504, [email protected]. Scientific Review, National Institutes of applications. Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 5102, Place: National Institutes of Health, 6701 Review Special Emphasis Panel, ZRG1 RUSD MSC 7850, Bethesda, MD 20892, (301) 435– Rockledge Drive, Bethesda, MD 20892 (02) Renal Cellular and Molecular Biology. 1164, [email protected]. (Telephone Conference Call).

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Contact Person: Gamil C. Debbas, PhD, from the public will become part of this public of the Coast Guard policy change Scientific Review Administrator, Center for docket and will be available for eliminating printed distribution of Scientific Review, National Institutes of inspection or copying at room PL–401 LNMs, which was effected through Health, 6701 Rockledge Drive, Room 5170, on the Plaza level of the Nassif Building, revision of our ATON Manual. MSC 7844, Bethesda, MD 20892, (301) 435– 1018, [email protected]. 400 Seventh Street SW., Washington, Dated: February 20, 2004. DC, between 9 a.m. and 5 p.m., Monday Jeffrey J. Hathaway, (Catalogue of Federal Domestic Assistance through Friday, except Federal holidays. Rear Admiral, U.S. Coast Guard, Director of Program Nos. 93.306, Comparative Medicine; You may also find this docket on the 93.333, Clinical Research, 93.306, 93.333, Operations Policy. Internet at http://dms.dot.gov. 93.337, 93.393–93.396, 93.837–93.844, [FR Doc. 04–4579 Filed 3–1–04; 8:45 am] FOR FURTHER INFORMATION CONTACT: For 93.846–93.878, 93.892, 93.893, National BILLING CODE 4910–15–P Institutes of Health, HHS) further information about the substance Dated: February 24, 2004. of this notice, contact Mr. Frank Parker, LaVerne Y. Stringfield, Office of Aids to Navigation, DEPARTMENT OF HOMELAND Director, Office of Federal Advisory Commandant (G–OPN), U.S. Coast SECURITY Committee Policy. Guard, 2100 Second Street, SW., [FR Doc. 04–4534 Filed 3–1–04; 8:45 am] Washington DC 20593; telephone (202) Federal Emergency Management BILLING CODE 4140–01–M 267–0358, fax (202) 267–4222, e-mail Agency [email protected]. If you have questions on viewing or submitting Agency Information Collection Activities: Proposed Collection; DEPARTMENT OF HOMELAND material to the docket, call Andrea M. Comment Request SECURITY Jenkins, Program Manager, Docket Operations, telephone 202–366–0271. AGENCY: Federal Emergency Coast Guard SUPPLEMENTARY INFORMATION: The Coast Management Agency, Emergency Guard has statutory and treaty [USCG–2004–17080] Preparedness and Response Directorate, obligations to make navigation Response Division, Department of Local Notices to Mariners—Changes in information available to the public. Homeland Security. Distribution Methods Local Notices to Mariners (LNMs) are ACTION: Notice and request for our primary means for communicating comments. AGENCY: Coast Guard, DHS. information pertaining to individual ACTION: Notice. Coast Guard Districts. LNMs provide SUMMARY: The Federal Emergency important safety information that is Management Agency, as part of its SUMMARY: The Coast Guard is changing available nowhere else, and are continuing effort to reduce paperwork the way in which we make Local distributed free of charge to subscribers. and respondent burden, invites the Notices to Mariners available to the However, the cost of printing and general public and other Federal public. We will continue to publish mailing LNMs has become prohibitive. agencies to take this opportunity to electronic versions of these notices and Technology now allows us to provide comment on a revision of a currently make them available free of charge via LNMs in a more timely and less costly approved collection. In accordance with the Internet, but we will no longer print manner via the Internet. The Coast the Paperwork Reduction Act of 1995 and mail copies of each notice. Guard has published electronic (44 U.S.C. 3506(c)(2)(A)), this notice DATES: This change takes effect April 1, (Internet) LNMs successfully for several seek comments concerning the EMI 2004. years. Electronic LNMs appear on the Independent Study Course Enrollment ADDRESSES: Although we are not Coast Guard Navigation Center’s Web Application. requesting them, you may make site at http://www.navcen.uscg.gov/lnm/ SUPPLEMENTARY INFORMATION: The comments on this change. To make sure default.htm. Recently, we revised our Robert T. Stafford Disaster Relief and that your comments and related material Aids to Navigation (ATON) Manual Emergency Act Pub. L. 93–288, as are not entered more than once in the (COMDTINST M16500.7) to authorize amended authorize training programs docket, please submit them by only one elimination of printed LNMs. The last for emergency preparedness. The of the following means: printed LNMs will be distributed April information obtained from the (1) Electronically through the Web 1, 2004. Emergency Management Institute (EMI) site for the Docket Management System LNMs are referred to in two Coast form will be used for independent study at http://dms.dot.gov. Guard regulations, 33 CFR 62.21 and 33 course enrollment and to provide course (2) By mail to the Docket Management CFR subpart 72.01. They relate to Coast materials to applicants. Applicants can Facility, (USCG–2004–17080), U.S. Guard agency management and, under select as many courses as they want, but Department of Transportation, room PL– the Administrative Procedure Act (5 they will be actively enrolled in only 401, 400 Seventh Street SW., U.S.C. 551 et seq.), they can be amended one course at a time. When applicants Washington, DC 20590–0001. without public notice and comment. We complete each course with a passing (3) By fax to the Docket Management expect to revise these regulations to score, new course material from the Facility at 202–493–2251. eliminate obsolete references to print course menu selection will be sent to (4) By delivery to room PL–401 on the distribution, as part of our forthcoming applicants. Plaza level of the Nassif Building, 400 2004 technical amendments to Title 33 Seventh Street SW., Washington, DC, of the CFR. Moreover, insofar as these Collection of Information between 9 a.m. and 5 p.m., Monday regulations pertain to LNMs, they are Title: EMI Independent Study Course through Friday, except Federal holidays. general policy statements without Enrollment Application. The telephone number is 202–366– binding effect either on the public or on Type of Information Collection: 9329. the Coast Guard. We intend the present Revision of a currently approved The Docket Management Facility Notice, along with the notices we will collection. maintains the public docket for this convey directly to our LNM print and OMB Number: 1660–0046. notice. Comments and material received electronic subscribers, to inform the Form Numbers: 95–23.

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Abstract: The purpose of this form is Independent Study Program and Affected Public: Individuals or to collect information from individuals collections information from households. on what Independent Study courses individuals so that these courses can be Estimated Total Annual Burden they wish to enroll in. This form lists mailed to them. Hours: 2,493. the courses available through FEMA’s

Number of Frequency of Hours per Annual burden FEMA form respondents response response hours

(A) (B) (C) (A × B × C)

95–23 ...... 187,000 1 2 minutes ..... 2,493

Total ...... 187,000 1 2 minutes ..... 2,493

Estimated Cost to Respondents: 37 FOR FURTHER INFORMATION CONTACT: Ms. ADDRESSES: For additional information, cents per respondent. The total annual Vilma Schifano-Milmoe, Contract contact the Service’s Regional Office burden cost for this collection of Officer’s Technical Representative/ that has the responsibility for the State information to respondents includes a Training Specialist, Independent Study or Territory in which the proposed 37 cent stamp per respondent × 74,800 Program, Emergency Management project would occur. The contact respondents = $27,676. No additional Institute, FEMA, at 301–443–2057. You information for each Regional Office is cost to the respondent has been may contact Ms. Anderson for copies of listed in Table 1 under SUPPLEMENTARY identified since about 60% or 112,200 the proposed information collection (see INFORMATION below. Information on the respondents use the Internet to enroll in addressee information above). PSGP is also available from the Branch EMI Independent Study courses, and Dated: February 24, 2004. of State Grants, U.S. Fish and Wildlife the estimated hour burden is minimal. George S. Trotter, Service, 4401 N. Fairfax Drive, Room Estimated Cost to the Agency: The Acting Division Director, Information 420, Arlington, VA 22203, or FEMA Independent Study program Resources Management Division, Information electronically at http:// costs $80,784 annually to administer. Technology Services Directorate. endangered.fws.gov/grants/ _ This includes processing applications, [FR Doc. 04–4545 Filed 3–1–04; 8:45 am] private stewardship.html, or by e-mail grading exams, issuing course BILLING CODE 9110–17–P from [email protected]. completion certificates, mailing course Send project proposals to the materials and handling student Service’s Regional Office that has the inquiries. Also, the annual printing cost DEPARTMENT OF THE INTERIOR responsibility for the State or Territory to reprint course materials is in which the proposed project would approximately $70,000. Therefore, the Fish and Wildlife Service occur (see Table 1 under total costs to the Agency for this SUPPLEMENTARY INFORMATION). program is $150,784. Fiscal Year 2004 Private Stewardship FOR FURTHER INFORMATION CONTACT: The Grants Program; Revision of Eligibility Program Contact in the appropriate Comments: Written comments are Requirements, and Proposal Due Date Regional Office identified in Table 1 solicited to (a) Evaluate whether the Extension under SUPPLEMENTARY INFORMATION, or proposed data collection is necessary for Don Morgan, Chief, Branch of State the proper performance of the agency, AGENCY: Fish and Wildlife Service, Grants (703/358–2061). including whether the information shall Interior. have practical utility; (b) evaluate the ACTION: Notice; revision of eligibility SUPPLEMENTARY INFORMATION: accuracy of the agency’s estimate of the requirements, and extension of the due Background burden of the proposed collection of date. Congress appropriated $7.5 million information, including the validity of SUMMARY: We, the U.S. Fish and from the Land and Water Conservation the methodology and assumptions used; Wildlife Service (Service), issued a Fund in Fiscal Year 2004 for the PSGP. (c) enhance the quality, utility, and Federal Register notice on January 6, The PSGP provides grants and other clarity of the information to be 2004 (69 FR 670), announcing the assistance on a competitive basis to collected; and (d) minimize the burden request for proposals for the fiscal year individuals and groups engaged in of the collection of information on those 2004 Private Stewardship Grants private, voluntary conservation efforts who are to respond, including through Program (PSGP). We are now revising that benefit species listed or proposed as the use of appropriate automated, the eligibility requirements to clarify, endangered or threatened under the electronic, mechanical, or other and correctly notice, that projects on Endangered Species Act of 1973, as technological collection techniques or lands owned by conservation amended (Act), candidate species, or other forms of information technology, organizations are eligible for funding other at-risk species on private lands e.g., permitting electronic submission of through the PSGP. We are also within the United States. responses. Comments must be received extending the due date for submission On January 6, 2004, we published in on or before May 3, 2004. of project proposals for Federal the Federal Register (69 FR 670) a ADDRESSES: Interested persons should assistance under the PSGP to March 31, notice announcing the request for submit written comments to Muriel B. 2004. proposals for the fiscal year 2004 PSGP. Anderson, Chief, Records Management DATES: Project proposals must be In that notice, we advised potential Branch, FEMA, at 500 C Street, SW., received by the appropriate Regional applicants that a complete program Room 316, Washington, DC 20472 or e- Office (see Table 1 in SUPPLEMENTARY announcement and request for mail address INFORMATION) no later than March 31, proposals could be accessed by visiting [email protected]. 2004. Grants.gov (www.grants.gov). Within the

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complete program announcement and species. That is, the projects we seek to accessed by visiting Grants.gov request for proposals (Notice of support should reflect new starts and (www.grants.gov). Grants.gov is the new Availability of Federal Assistance), should not fund management efforts single point of entry for posting Federal potential applicants were provided with already in place or ongoing.’’ Government grant and other assistance a set of minimum eligibility criteria. The January 6, 2004, notice also stated opportunities. Potential applicants for One of the eligibility criteria could be that project proposals must be received the PSGP may access program overview read to exclude projects on lands owned by the appropriate Regional Office information, the full text of the by conservation organizations from within 60 days of the notice. Due to the announcement, and the application eligibility for funding under the PSGP. need to revise and clarify the eligibility package for this request for proposals by We are now revising the eligibility criteria, and due to substantial interest accessing Grants.gov and then using the requirements to clarify, and correctly by the public in participating in this FIND utility (‘‘Find Grant notice, that projects on lands owned by program, we are now extending the due Opportunities,’’ or http://fedgrants.gov/ conservation organizations are eligible date for submission of project proposals grants/servlet/SearchServlet/) to access for funding through the PSGP. for Federal assistance under the Private this information. Potential applicants Specifically, section III (Eligibility Stewardship Grants Program (PSGP) to may use the FIND utility by searching Information), part 3 (Other), item 2, is March 31, 2004. for the PSGP either by entering the title revised now to read as follows: ‘‘The ‘‘Private Stewardship Grants Program’’ How To Apply for a PSGP Grant project must be on land that is privately or by using the PSGP’s Catalog of owned and must entail new or changed A complete program announcement Federal Domestic Assistance (CFDA) management that benefits the target and request for proposals may be number of 15.632.

TABLE 1.—WHERE TO SEND PROJECT PROPOSALS AND LIST OF REGIONAL CONTACTS

Regional PSGP con- Service region States or territory where the project will occur Where to send your PSGP project proposal tact and phone num- ber

Region 1 ...... Hawaii, Idaho, Oregon, Washington, Amer- Regional Director, U.S. Fish and Wildlife Heather Hollis ican Samoa, Guam, and Commonwealth of Service, Eastside Federal Complex, 911 (503/231–6241) the Northern Mariana Islands. NE. 11th Avenue, Portland, OR 97232– 4181. Region 1 ...... California and Nevada ...... Office Manager, U.S. Fish and Wildlife Serv- Michael Fris ice, Federal Building, 2800 Cottage Way, (916/414–6464) Room W–2606, Sacramento, CA 95825– 1846. Region 2 ...... Arizona, New Mexico, Oklahoma, and Texas Regional Director, U.S. Fish and Wildlife Mike McCollum Service, 500 Gold Avenue, SW., Room (817/277–1100) 4012, Albuquerque, NM 87102. Region 3 ...... Illinois, Indiana, Iowa, Michigan, Minnesota, Regional Director, U.S. Fish and Wildlife Peter Fasbender Missouri, Ohio, and Wisconsin. Service, Bishop Henry Whipple Federal (612/713–5343) Building, One Federal Drive, Fort Snelling, MN 55111–4056. Region 4 ...... Alabama, Arkansas, Florida, Georgia, Ken- Regional Director, U.S. Fish and Wildlife Mike Gantt tucky, Louisiana, Mississippi, North Caro- Service, 1875 Century Boulevard, Suite (404/679–7081) lina, South Carolina, Tennessee, Puerto 200, Atlanta, GA 30345. Rico, and the U.S. Virgin Islands. Region 5 ...... Connecticut, Delaware, District of Columbia, Regional Director, U.S. Fish and Wildlife Diane Lynch Maine, Maryland, Massachusetts, New Service, 300 Westgate Center Drive, Had- (413/253–8628) Hampshire, New Jersey, New York, Penn- ley, MA 01035–9589. sylvania, Rhode Island, Vermont, Virginia, and West Virginia. Region 6 ...... Colorado, Kansas, Montana, Nebraska, North Regional Director, U.S. Fish and Wildlife Pat Mehlhop Dakota, South Dakota, Utah, and Wyoming. Service, P.O. Box 25486, Denver Federal (303/236–7400 ext. Center, Denver, CO 80225–0486. 225) Region 7...... Alaska ...... Regional Director, U.S. Fish and Wildlife Michael Roy Service, 1011 East Tudor Road, Anchor- (907/786–3925) age, AK 99503–6199.

Authority: This notice is published under DEPARTMENT OF THE INTERIOR for approval under the provisions of the the authority of the Department of the Paperwork Reduction Act (44 U.S.C. Interior and Related Agencies Appropriations Geological Survey Chapter 35). Copies of the proposed Act, 2004, H.R. 2691/Pub. L.108–108. collection of information may be Dated: February 25, 2004. Request for Public Comments on obtained by contacting the Bureau’s Proposed Information Collection To Be Craig Manson, clearance officer at the phone number Submitted to the Office of Management listed below. Comments and suggestions Assistant Secretary for Fish and Wildlife and and Budget for Review Under the on the proposal should be made within Parks. Paperwork Reduction Act [FR Doc. 04–4686 Filed 2–27–04; 12:01 pm] 60 days directly to the Bureau clearance officer, U.S. Geological Survey, 807 BILLING CODE 4310–55–P The proposed information collection described below will be submitted to National Center, 12201 Sunrise Valley the Office of Management and Budget

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Drive, Reston, Virginia 20192, or e-mail DEPARTMENT OF THE INTERIOR Houston County ([email protected]). New Perry Hotel, 800 Main St., Perry, Specific public comments are National Park Service 04000241. requested as to: National Register of Historic Places; Muscogee County 1. Whether the collection of Notification of Pending Nominations Lewis–Rothchild Building, (Columbus MRA), information is necessary for the proper 1214 First Ave., Columbus, 04000239. performance of the functions on the Nominations for the following Reich Dry Goods Company, (Columbus MRA), 14 W 11th St., Columbus, 04000240. bureaus, including whether the properties being considered for listing information will have practical utility; in the National Register were received IOWA by the National Park Service before The accuracy of the bureau’s estimate Hardin County of the burden of the collection of February 21, 2004. Pursuant to § 60.13 information, including the validity of of 36 CFR part 60 written comments Steamboat Rock Consolidated Schools concerning the significance of these Building, 306 W. Market St., Steamboat the methodology and assumptions used: Rock, 04000243. 3. The quality, utility, and clarity of properties under the National Register the information to be collected; and criteria for evaluation may be forwarded KENTUCKY by United States Postal Service, to the Barren County 4. How to minimize the burden of the National Register of Historic Places, collection of information on those who National Park Service, 1849 C St., NW., Ralph Bunche Historic District, Roughly bound by E. College St., Landrum St., are to respond, including the use of 2280, Washington, DC 20240; by all appropriate automated, electronic, Twyman Court and S. Lewis St., Glasgow, other carriers, National Register of 04000247. mechanical, or other forms of Historic Places, National Park Service, information technology. 1201 Eye St., NW., 8th floor, Bourbon County Title: Public perceptions of Bats in Washington, DC 20005; or by fax, 202– Little Rock–Jackstown Road Rural Historic Fort Collins, Colorado. 371–6447. Written or faxed comments District, along Little Rock-Jackstown and Soper Rds., Little Rock, 04000246. OMB Approval No: New collection. should be submitted by March 17, 2004. Fayette County Abstract: The primary objective of Carol D. Shull, African Cemetery No. 2, 419 E. Seventh St., this information collection is to Keeper of the National Register of Historic Lexington, 04000245. investigate public perceptions, Places. knowledge, and awareness of bats and Jefferson County ALABAMA how this could influence potential Virginia Avenue Colored School, 3628 transmission of disease (i.e., from bats to De Kalb County Virginia Ave., Louisville, 04000244. bats, bats to pets, bat to humans). A Larmore, Vance C., House, 810 Cty Rd. 606, random sample of Fort Collins, Hammondville, 04000232. MASSACHUSETTS Colorado residents and a sample of Middlesex County Jefferson County identified residents known to have had Alewife Brook Parkway, (Metropolitan Park Rosedale Historic District, Roughly bounded an encounter with a bat will be asked System of Greater Boston MPS), Alewife by 25th Court S, Central Ave., 27th Court about these bat-related issues via a Brook Parkway, Cambridge, 04000249. questionnaire. This information is a S., Loveless/BM Montgomery St., vital component for managing bats and Homewood, 04000236. Norfolk County developing effective communications Rosedale Park Historic District, Roughly Furnace Brook Parkway, (Metropolitan Park bounded by Woodcrest Place, 26th Ave. S, System of Greater Boston MPS), Furnace protocols regarding bat disease and 18th St. S, and 25th Ct. S, Homewood, ecology. This is collaborative effort Brook Parkway, Quincy, 04000248. 04000235. Hammond Pond Parkway, (Metropolitan Park involving scientists from Colorado State System of Greater Boston MPS), Hammond Madison County University (CSU), the U.S. Geological Pond Parkway, Brookline, 04000250. Survey (USGS), and Centers for Disease New Market Historic District, Roughly Control and Prevention (CDC). bounded by Mountain Fork, College St., MONTANA Bureau Form No: None. Davis St., Winchester Rd. to Cochran St., Carbon County pts. Cochran St. & Cedar St., New Market, Frequency: One time. 04000237. Bearcreek Bank, Main and Second Sts., Bearcreek, 04000251. Description of Respondents: Residents Tuscaloosa County of Fort Collins, Colorado. NEW MEXICO East Northport Historic District, Roughly Estimated Completion Time: 15 bounded by 20th St., 8th Ave., Rice Mine Bernalillo County minutes per respondent (approximate). Rd., Bridge Ave., Northport, 04000234. Southern Union Gas Company Building, Number of Respondents: 1000. Northport Historic District (Boundary (Buildings Designed by John Gaw Meem Burden hours: 250 hours. Increase), Bounded by Bellwood Dr., 20th MPS), 723 Silver Ave., SW., Albuquerque, Ave., Black Warrior R, and 30th Ave., 04000252. For Additional Information please Northport, 04000238. contact: Natalie Sexton, (970) 226–9313, WISCONSIN _ Walker County or e-mail Natalie [email protected]. Dane County Bureau clearance officer: John Jasper Downtown Historic District, Roughly bounded by 17th St., Corona Ave., 20th St., Heim Mound, Address Restricted, Middleton, Cordyack (703) 648–7313. and 8th Ave., Jasper, 04000233. 04000254. Dated: February 24, 2004. Lower Mud Lake Archeological Complex, Address Restricted, Dunn, 04000253. Leslie H. Bartels, GEORGIA Observatory Hill Mound Group, Address Acting, Associate Director Biology. Bibb County Restricted, Madison, 04000255. [FR Doc. 04–4519 Filed 3–1–04; 8:45 am] Wesleyan College Historic District, 4760 A request for removal has been made for BILLING CODE 4310–Y7–M Forsyth Rd., Macon, 04000242. the following resource:

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IOWA Vigo County NEW YORK Keokuk County Collett Park Neighborhood Historic District, Monroe County Roughly bounded by 7th St., Maple Ave., Main Street Historic District, Main, Market What Cheer City Hall, Barnes and 11th St., and Florida Ave., Terre Haute, and King Sts., Brockport, 04000227. Washington Sts., What Cheer, 81000252. 04000207. Wayne County [FR Doc. 04–4521 Filed 3–1–04; 8:45 am] Wabash County BILLING CODE 4312–51–P St. Peter, (Shipwreck), Address Restricted, Marshall, Thomas R., School, 603 Bond St., Pultneyville, 04000226. North Manchester, 04000206. Stockdale Mill, (Grain Mills in Indiana MPS), TEXAS DEPARTMENT OF THE INTERIOR IN 700 E, Stockdale, 04000204. Bandera County National Park Service MISSISSIPPI Langford, B.F., Jr. and Mary Hay, House, 415 Fourteenth St., Bandera, 04000229. National Register of Historic Places; Carroll County Notification of Pending Nominations Abiaca Creek Bridge, Nebo Rd., about 0.3 mi. Colorado County N of MS 430, near Black Hawk, Vaiden, Harrison–Hastedt House, 236 Preston St., Nominations for the following 04000218. Columbus, 04000231. properties being considered for listing Hinds County Kinney County in the National Register were received Chambliss Building, 932 Lynch St., Jackson, 1911 Kinney County Courthouse, 501 S. Ann by the National Park Service before 04000219. St., Brackettville, 04000230. February 14, 2004. Pursuant to § 60.13 Smith Park Architectural District (Boundary of 36 CFR part 60 written comments Increase II), 308 E. Pearl St., Jackson, Roberts County concerning the significance of these 04000215. Roberts County Courthouse, 301 E. Commercial St., Miami, 04000228. properties under the National Register Newton County criteria for evaluation may be forwarded by United States Postal Service, to the Chunky River Bridge, (Historic Bridges of A request for COMMENT is made for National Register of Historic Places, Mississippi TR) Adams St., Chunky, the following: 04000217. National Park Service, 1849 C St. NW., The National Historic Landmarks 2280, Washington, DC 20240; by all Pike County Survey solicits comments on draft other carriers, National Register of Holmes, William Frederick, House, 302 Third additional documentation that has been Historic Places, National Park Service, St., McComb, 04000216. prepared for the Dixie Coca-Cola 1201 Eye St. NW., 8th floor, Bottling Company Plant. The draft Washington, DC 20005; or by fax, 202– MISSOURI additional documentation is available 371–6447. Written or faxed comments Jackson County for review and comment until March 17, should be submitted by March 17, 2004. Katz, Michael H. and Rose, House, 5930 2004 at http://www.cr.nps.gov/nhl/ Ward Pkwy., Kansas City, 04000212. cocacola.pdf. You may also contact Carol D. Shull, United States Post Office—Kansas City, 315 Daniel Vivian by phone at (202) 354– Keeper of the National Register of Historic W. Pershing Rd., Kansas City, 04000213. 2252, or through e-mail at Places. [email protected] for questions about Moniteau County INDIANA this document. Finke Opera House, 312 N. High St., Franklin County California, 04000214. [FR Doc. 04–4522 Filed 3–1–04; 8:45 am] BILLING CODE 4312–51–P Hermitage, The, 650 E. 8th St., Brookville, MONTANA 04000209. Rosebud County Lake County DEPARTMENT OF THE INTERIOR Bones Brothers Ranch, W of Custer National Crown Point Courthouse Square Historic Forest, Birney, 04000220. National Park Service District, Roughly bounded by Clark St., the NEW JERSEY alley E of Main St., Hack Ct., and Court St., National Register of Historic Places; Crown Point, 04000203. Burlington County Notification of Pending Nominations Marion County Buzby’s General Store, 3959 Cty Rd. 563, Marcy Village Apartments, 4440–4567 Marcy Woodland Township, 04000222. Nominations for the following properties being considered for listing Ln. and 1401 E. 46th St., Indianapolis, Cape May County 04000202. in the National Register were received Chateau Bleu Motel, (Motels of The Wheeler–Schebler Carburetor Company, 1234 by the National Park Service before Wildwoods) 911 Surf Ave., City of North Barth Ave., Indianapolis, 04000210. February 7, 2004. Pursuant to section Wildwood, 04000221. 60.13 of 36 CFR part 60 written Porter County Essex County comments concerning the significance Bartlett Real Estate Office, 500 South Community Hospital, 130 W. Kinney St., of these properties under the National Broadway, Beverly Shores, 04000208. Newark, 04000224. Register criteria for evaluation may be Rush County forwarded by United States Postal Hudson County Service, to the National Register of Center Township Grade and High School, St. Anthony of Padua Roman Catholic Historic Places, National Park Service, (Indiana’s Public Common and High Church, 457 Monmouth St., Jersey City, 1849 C St., NW., 2280, Washington, DC Schools MPS), 929 E. South St., Mays, 04000225. 04000211. 20240; by all other carriers, National Passaic County Register of Historic Places, National Vanderburgh County Hinchliffe Stadium, Maple and Liberty Sts., Park Service,1201 Eye St., NW., 8th Oak Hill Cemetery, 1400 E. Virginia St., overlooking the Great Falls of the Passaic, floor, Washington, DC 20005; or by fax, Evansville, 04000205. Paterson City, 04000223. 202–371–6447. Written or faxed

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comments should be submitted by Whitman County the Act. Parties that filed entries of March 17, 2004. Cordova Theater, (Movie Theaters in appearance in the preliminary phase of Washington State MPS), 135 N. Grand the investigations need not enter a Carol D. Shull, Ave., Pullman, 04000200. separate appearance for the final phase Keeper of the National Register of Historic A request for REMOVAL has been made for of the investigations. Industrial users, Places. the following resource: and, if the merchandise under ALASKA IOWA investigation is sold at the retail level, Fairbanks North Star Borough—Census Area Johnson County representative consumer organizations have the right to appear as parties in F.E. Company Gold Dredge No. K, Upper Shambaugh, Benjamin F. And Bertha M. Dome Creek, Fairbanks, 04000186. Horack, House, 219 N. Clinton St., Iowa Commission antidumping and City, 96000895. countervailing duty investigations. The MASSACHUSETTS Secretary will prepare a public service [FR Doc. 04–4523 Filed 3–1–04; 8:45 am] Middlesex County list containing the names and addresses BILLING CODE 4312–51–P Wheeler—Minot Farmhouse, 341 Virginia of all persons, or their representatives, Rd., Concord, 04000190. who are parties to the investigations. Plymouth County INTERNATIONAL TRADE Background COMMISSION Whitman Park, Park, Maple, Whitman, On December 31, 2003, a petition was Hayden Ave., Whitman, 04000187. [Investigations Nos. 731–TA–1063–1068 (Preliminary)] filed with the Commission and Suffolk County Commerce by the Ad Hoc Trade Action Nix’s Mate Daybeacon, Nubble Channel, The Certain Frozen or Canned Warmwater Committee, Washington, DC, alleging Narrows, Boston Harbor, Boston, Shrimp and Prawns From Brazil, that an industry in the United States is 04000189. China, Ecuador, India, Thailand, and materially injured and threatened with Vietnam Worcester County material injury by reason of LTFV imports of certain frozen or canned Determinations East Princeton Village Historic District, warmwater shrimp and prawns from Roughly Main St., Leominster Rd., On the basis of the record 1 developed Princeton, 04000188. Brazil, China, Ecuador, India, Thailand, in the subject investigations, the United and Vietnam. Accordingly, effective PENNSYLVANIA States International Trade Commission December 31, 2003, the Commission (Commission) determines, pursuant to Berks County instituted antidumping duty section 733(a) of the Tariff Act of 1930 investigations Nos. 731–TA–1063–1068 Pine Forge Mansion and Industrial Site, (Iron (19 U.S.C. 1673b(a)) (the Act), that there (Preliminary). and Steel Resources of Pennsylvania MPS), is a reasonable indication that an Pine Forge Rd. and Douglass Dr., Pine industry in the United States is Notice of the institution of the Forge, Douglas Township, 04000191. materially injured by reason of imports Commission’s investigations and of a Erie County from Brazil, China, Ecuador, India, public conference to be held in Park Dinor, 4019 Main St., Erie, Lawrence Thailand, and Vietnam of certain frozen connection therewith was given by Park Township, 04000192. or canned warmwater shrimp and posting copies of the notice in the Office prawns, provided for in subheadings of the Secretary, U.S. International Philadelphia County 0306.13.00 and 1605.20.10 of the Trade Commission, Washington, DC, Steppacher, Walter M. and Brother Shirt Harmonized Tariff Schedule of the and by publishing the notice in the Factory, 146–150 N. 13th St., Philadephia, United States, that are alleged to be sold Federal Register of January 8, 2004 (69 04000193. in the United States at less than fair FR 1301, January 8, 2004). The York County value (LTFV). conference was held in Washington, DC Dill’s Tavern, 227 N. Baltimore St., Dillsburg, Commencement of Final Phase on January 21, 2004, and all persons 04000195. Investigations who requested the opportunity were permitted to appear in person or by RHODE ISLAND Pursuant to section 207.18 of the Commission’s rules, the Commission counsel. Providence County also gives notice of the commencement The Commission transmitted its Angell—Ballou House, 49 Ridge Rd., of the final phase of its investigations. determinations in these investigations to Smithfield, 04000196. The Commission will issue a final phase the Secretary of Commerce on February Louttit Laundry, 93 Cranston St., Providence, notice of scheduling, which will be 17, 2004. The views of the Commission 04000197. published in the Federal Register as are contained in USITC Publication Phillips Insulated Wire Company Complex, provided in section 207.21 of the 413 Central Ave., Pawtucket, 04000194. 3672 (March 2004), entitled Certain Commission’s rules, upon notice from Frozen or Canned Warmwater Shrimp TENNESSEE the Department of Commerce and Prawns from Brazil, China, (Commerce) of affirmative preliminary Knox County Ecuador, India, Thailand, and Vietnam: determinations in the investigations Airplane Service Station, 6829 Clinton Hwy., Investigations Nos. 1063–1068 under section 733(b) of the Act, or, if the (Preliminary). Knoxville, 04000198. preliminary determinations are WASHINGTON negative, upon notice of affirmative Issued: February 25, 2004. final determinations in the By order of the Commission. Spokane County investigations under section 735(a) of Marilyn R. Abbott, Davenport Hotel, 807 W. Sprague Ave., Secretary. Spokane, 04000201. 1 The record is defined in sec. 207.2(f) of the Moore—Turner Garden, 507 W. Seventh Commission’s rules of practice and procedure (19 [FR Doc. 04–4527 Filed 3–1–04; 8:45 am] Ave., Spokane, 04000199. CFR 207.2(f)). BILLING CODE 7020–02–P

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INTERNATIONAL TRADE Houston, Texas, against four INTERNATIONAL TRADE COMMISSION respondents, including Pan Pacific of COMMISSION [Inv. No. 337–TA–492] Union City, California. 68 FR 24755. Superbag’s complaint alleged violations [Inv. No. 337–TA–474] Certain Plastic Grocery and Retail of section 337 of the Tariff Act of 1930 Bags; Notice of Decisions Not To in the importation into the United Certain Recordable Compact Discs Review Two Initial Determinations States, sale for importation, and/or sale and Rewritable Compact Discs; Notice Each Terminating the Investigation as within the United States after of Commission Determination To to Certain Respondents on the Basis importation of certain T-styled plastic Extend the Target Date for Completion of Settlement Agreements and One grocery and retail bags that infringe one of the Investigation Initial Determination Terminating the or more of claims 1–8 and 15–19 of AGENCY: Investigation as to a Respondent on International Trade Superbag’s U.S. Patent No. 5,188,235. Commission. the Basis of a Consent Order; Issuance On August 22, 2003, the ALJ issued an of Consent Order ID (Order No. 7) granting complainant’s ACTION: Notice. motion to amend the complaint to add AGENCY: International Trade SUMMARY: Notice is hereby given that Commission. six additional respondents to the the U.S. International Trade investigation, including API of Metarie, ACTION: Notice. Commission has determined to extend Louisiana, Universal of Thailand, and the target date for completion of the SUMMARY: Notice is hereby given that Prime Source of Westerville, Ohio. That above-captioned investigation by two the U.S. International Trade ID was not reviewed by the weeks, or until March 11, 2004. Commission has determined not to Commission. 68 FR 54740 (Sept. 18., FOR FURTHER INFORMATION CONTACT: review the following initial 2003). The Commission subsequently Clara Kuehn, Esq., Office of the General determinations (IDs) issued by the terminated the investigation as to Counsel, U.S. International Trade presiding administrative law judge (ALJ) respondent Spectrum Plastics, Inc. on Commission, 500 E Street, SW., in the above-captioned investigation: (1) the basis of a consent order. Washington, DC 20436, telephone (202) Order No. 28, terminating the On January 16, 2004 complainant and 205–3012. Copies of all nonconfidential investigation as to respondents Advance respondents API and Universal jointly documents filed in connection with this Polybag, Inc. (‘‘API’’) and Universal moved to terminate the investigation as investigation are or will be available for Polybag Co. Ltd. (‘‘Universal’’) on the inspection during official business basis of a settlement agreement; (2) to those respondents on the basis of a hours (8:45 a.m. to 5:15 p.m.) in the Order No. 29, terminating the settlement agreement. On January 24, Office of the Secretary, U.S. investigation as to respondent Pan 2004, complainant and respondent Pan International Trade Commission, 500 E Pacific Plastics Mfg., Inc. (‘‘Pan Pacific’’) Pacific moved to terminate the Street, SW., Washington, DC 20436, on the basis of settlement agreement; investigation as to Pan Pacific on the telephone (202) 205–2000. General and (3) Order No. 30, terminating the basis of a settlement agreement. On information concerning the Commission investigation as to respondent Prime January 22, 2004 complainant moved to may also be obtained by accessing its Source International LLC (‘‘Prime terminate the investigation with respect Internet server (http://www.usitc.gov). Source’’) on the basis of a consent order. to Prime Source on the basis of a proposed consent order. On February 2, The public record for this investigation FOR FURTHER INFORMATION CONTACT: may be viewed on the Commission’s 2004, the Commission investigative Andrea Casson, Esq., Office of the electronic docket (EDIS) at http:// attorney filed responses supporting each General Counsel, U.S. International edis.usitc.gov. Hearing-impaired of the three motions for termination. Trade Commission, 500 E Street, SW., persons are advised that information on Washington, DC 20436, telephone 202– On February 3, 2004, the ALJ issued this matter can be obtained by 205–3105. Copies of all nonconfidential three IDs (Orders Nos. 28, 29, and 30) contacting the Commission’s TDD documents filed in connection with this granting the respective motions. No terminal on (202) 205–1810. investigation are or will be available for petitions for review of the IDs were SUPPLEMENTARY INFORMATION: The inspection during official business filed. hours (8:45 a.m. to 5:15 p.m.) in the Commission instituted this investigation Office of the Secretary, U.S. The authority for the Commission’s on July 26, 2002, based on a complaint International Trade Commission, 500 E determination is contained in section filed by U.S. Philips Corporation of Street, SW., Washington, DC 20436, 337 of the Tariff Act of 1930, as Tarrytown, NY (‘‘Philips’’ or telephone 202–205–2000. General amended (19 U.S.C. 1337), and in ‘‘complainant’’). 67 FR 48948 (2002). information concerning the Commission § 210.42 of the Commission’s Rules of The previous target date for may also be obtained by accessing its Practice and Procedure (19 CFR 210.42). completion of this investigation was February 26, 2004. The Commission Internet server (http://www.usitc.gov). Issued: February 26, 2004. The public record for this investigation determined that the target date for By order of the Commission. may be viewed on the Commission’s completion of the investigation should electronic docket (EDIS) at http:// Marilyn R. Abbott, be extended by two weeks, or until edis.usitc.gov. Hearing-impaired Secretary. March 11, 2004, due to the number and persons are advised that information on [FR Doc. 04–4632 Filed 3–1–04; 8:45 am] complexity of the issues under review. the matter can be obtained by contacting BILLING CODE 7020–02–P This action is taken under the the Commission’s TDD terminal on 202– authority of section 337 of the Tariff Act 205–1810. of 1930, as amended (19 U.S.C. 1337), SUPPLEMENTARY INFORMATION: The and in section 210.51(a) of the Commission instituted this investigation Commission’s Rules of Practice and on May 1, 2003, based on a complaint Procedure (19 CFR 210.51(a)). filed by Superbag Corp. (‘‘Superbag’’) of By order of the Commission.

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Issued: February 26, 2004. Title: Definition and Requirements for contact Ira Mills on 202–693–4122 (this Marilyn R. Abbott, a Nationally Recognized Testing is not a toll-free number) or e-mail: Secretary. Laboratory; (29 CFR 1910.147). [email protected]. [FR Doc. 04–4633 Filed 3–1–04; 8:45 am] OMB Number: 1218–0147. Comments should be sent to Office of Frequency: On occasion. BILLING CODE 7020–02–P Information and Regulatory Affairs, Affected Public: Business or other for- Attn: OMB Desk Officer for DOL, Office profit; not-for-profit institutions; and of Management and Budget, Room State, local or tribal government. 10235, Washington, DC 20503, 202– DEPARTMENT OF LABOR Number of Respondents: 62. 395–7316 (this is not a toll-free Number of Annual Responses: 62. number), within 30 days from the date Office of the Secretary Estimated Time Per Response: Varies of this publication in the Federal from 160 hours for an organization to Register. Submission for OMB Review: prepare initial recognition applications The OMB is particularly interested in Comment Request to 10 hours if an organization applies to comments which: use voluntary programs. • February 24, 2004. Evaluate whether the proposed Total Burden Hours: 1260 hours. collection of information is necessary The Department of Labor (DOL) has Total Annualized capital/startup submitted the following public for the proper performance of the costs: $0. functions of the agency, including information collection request (ICR) to Total Annual Costs (operating/ whether the information will have the Office of Management and Budget maintaining systems or purchasing (OMB) for review and approval in practical utility; services): $0. • Evaluate the accuracy of the accordance with the Paperwork Description: A number of standards agency’s estimate of the burden of the Reduction Act of 1995 (Pub. L. 104–13, issued by the Occupational Safety and proposed collection of information, 44 U.S.C. chapter 35). A copy of each Health Administration (OSHA) contain including the validity of the ICR, with applicable supporting requirements for equipment, products, methodology and assumptions used; documentation, may be obtained by or materials. These standards often • contacting the Department of Labor Enhance the quality, utility, and specify that employers use only clarity of the information to be (DOL). To obtain documentation, equipment, products, or materials tested contact Ira Mills on 202–693–4122 (this collected; and or approved by a nationally recognized • Minimize the burden of the is not a toll-free number) or e-Mail: testing laboratory (NRTL); this collection of information on those who [email protected]. requirement ensures that employers use are to respond, including through the Comments should be sent to Office of safe and efficacious equipment, use of appropriate automated, Information and Regulatory Affairs, products, or materials in complying electronic, mechanical, or other Attn: OMB Desk Officer for DOL, Office with the standards. Accordingly, OSHA technological collection techniques or of Management and Budget, Room promulgated the regulation titled other form of information technology, 10235, Washington, DC 20503, 202– ‘‘Definition and Requirements for a e.g., permitting electronic submission of 395–7316 (this is not a toll-free Nationally Recognized Testing responses. number), within 30 days from the date Laboratory.’’ The Regulation specifies Agency: Occupational Safety and of this publication in the Federal procedures that organizations must Health Administration. Register. follow to apply for, and to maintain, Type of Review: Extension of a The OMB is particularly interested in OSHA’s recognition to test and certify currently approved collection comments which: equipment, products, or material for this • Title: Access to Employee Exposure Evaluate whether the proposed purpose. and Medical Records; (29 CFR collection of information is necessary 1910.1020). for the proper performance of the Ira L. Mills, Departmental Clearance Officer. OMB Number: 1218–0065. functions of the agency, including Frequency: On occasion. whether the information will have [FR Doc. 04–4547 Filed 3–1–04; 8:45 am] Affected Public: Business or other for- practical utility; BILLING CODE 4510–23–M profit; Federal Government; and State, • Evaluate the accuracy of the local or Tribal government. agency’s estimate of the burden of the Number of Respondents: 717,268. DEPARTMENT OF LABOR proposed collection of information, Number of Annual Responses: including the validity of the Office of the Secretary 4,577,613. methodology and assumptions used; Estimated Time Per Response: Varies • Enhance the quality, utility, and Submission for OMB Review; from 5 minutes (.08 hour) to 10 minutes clarity of the information to be Comment Request (.17 hour). collected; and Total Burden Hours: 561,308 hours. • Minimize the burden of the February 24, 2004. Total Annualized capital/startup collection of information on those who The Department of Labor (DOL) has costs: $0. are to respond, including through the submitted the following public Total Annual Costs (operating/ use of appropriate automated, information collection request (ICR) to maintaining systems or purchasing electronic, mechanical, or other the Office of Management and Budget services): $0. technological collection techniques or (OMB) for review and approval in Description: Under the authority other forms of information technology, accordance with the Paperwork granted by the OSH Act, OSHA e.g., permitting electronic submission of Reduction Act of 1995 (Pub. L. 104–13, published a health regulation governing responses. 44 U.S.C. chapter 35). A copy of each access to employee exposure-monitoring Agency: Occupational Safety and ICR, with applicable supporting data and medical records. This Health Administration. documentation, may be obtained by regulation does not require employers to Type of Review: Extension of a contacting the Department of Labor collect any information or to establish currently approved collection. (DOL). To obtain documentation, any new systems of records. Rather, it

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requires that employers provide • Evaluate whether the proposed SUMMARY: The purpose of this notice is employees, their designated collection of information is necessary to announce a hearing, open to the representatives, and OSHA with access for the proper performance of the public, on U.S. Submission #2003–01. to employee exposure-monitoring and functions of the agency, including U.S. Submission #2003–01 was filed medical records, and any analysis whether the information will have with the U.S. National Administrative resulting from these records, whether or practical utility; Office (NAO) on September 30, 2003, by not the records are mandated by specific • Evaluate the accuracy of the the U.S.-based United Students Against occupational safety and health agency’s estimate of the burden of the Sweatshops (USAS), the Mexico-based standards. In this regard, the regulation proposed collection of information, Centro de Apoyo al Trabajador (CAT) specifies requirements for record access, including the validity of the and the Canada-based Maquiladora record retention, employee information, methodology and assumptions used; Solidarity Network. The submitters filed trade-secret management, and record • Enhance the quality, utility, and an amendment to the submission on transfer. Accordingly, the Agency clarity of the information to be November 10, 2003. The submission attributes the burden hours and costs collected; and was accepted for review by the NAO on associated with exposure monitoring • Minimize the burden of the February 5, 2004, and a notice of and measurement, medical surveillance, collection of information on those who acceptance for review was published in and the other activities required to are to respond, including through the the Federal Register, 69 FR 6691 generate the data governed by the use of appropriate automated, (February 11, 2004). regulation to the health standards that electronic, mechanical, or other Article 16(3) of the North American specify these activities; therefore, OSHA technology collection techniques or Agreement on Labor Cooperation did not include these burden hours and other forms of information technology, (NAALC) provides for the review of costs in this ICR. e.g., permitting electronic submission of labor law matters in Canada and Mexico Access to exposure and medical responses. by the NAO in accordance with information enables employees and Agency: Bureau of Labor Statistics domestic procedures, and Section H of their designated representatives to Type of Review: Extension of a the NAO procedural guidelines, 59 FR become directly involved in identifying currently approved collection. 16660 (April 7, 1994), requires a hearing and controlling occupational health Title: CPS Volunteer Supplement. on the submission unless the Secretary hazards, as well as managing and OMB Number: 1220–0176. determines that a hearing would not be preventing occupationally-related Affected Public: Individuals or a suitable method for carrying out the health impairment and disease. households. NAO’s responsibilities. Ira L. Mills, Type of Response: Reporting. DATES: The hearing will be held on April 1, 2004, commencing at 9 a.m. Departmental Clearance Officer. Frequency: Annually. Number of Respondents: 112,000. Persons desiring to present oral [FR Doc. 04–4548 Filed 3–1–04; 8:45 am] Annual Responses: 112,000. testimony at the hearing must submit a BILLING CODE 4510–23–M Total Burden: 7,467. request in writing, along with a written Total Annualized Capital/Startup statement or brief describing the DEPARTMENT OF LABOR Costs: $0. information to be presented or the Total Annual Costs (operating/ position to be taken. Office of the Secretary maintaining systems or purchasing ADDRESSES: The hearing will be held in services): $0. Room N4437A–D, fourth (4th) floor, at Submission for OMB Review; Description: The Volunteer the U.S. Department of Labor, 200 Comment Request Supplement will provide information Constitution Avenue, NW., Washington, on the total number of individuals in DC 20210. Written statements or briefs February 24, 2004. the U.S. involved in unpaid volunteer and requests to present oral testimony The Department of Labor (DOL) has activities, factors that motivate may be mailed, e-mailed submitted the following public volunteerism, measures of the frequency ([email protected]), or hand delivered to information collection request (ICR) to or intensity with which individuals the U.S. National Administrative Office, the Office of Management and Budget volunteer, types of organizations that U.S. Department of Labor, 200 (OMB) for review and approval in facilitate volunteerism, and activities in Constitution Avenue, NW., Room S– accordance with the Paperwork which volunteers participate. 5205, Washington, DC 20210. Due to Reduction Act of 1995 (Pub. L. 104–13, processing delays for regular mail 44 U.S.C. chapter 35). A copy of each Ira L. Mills, resulting from increased security ICR, with applicable supporting Departmental Clearance Officer. procedures, it is strongly recommended documentation, may be obtained by [FR Doc. 04–4549 Filed 3–1–04; 8:45 am] that all correspondence be submitted contacting the Department of Labor BILLING CODE 4510–23–M electronically ([email protected]) or be (DOL). To obtain documentation, hand delivered. Requests to present oral contact Ira Mills on 202–693–4122 (this testimony and written statements or is not a toll-free number) or e-Mail: DEPARTMENT OF LABOR briefs must be received by the NAO no [email protected]. Comments should be sent to Office of Office of the Secretary later than close of business March 22, Information and Regulatory Affairs, 2004. Attn: OMB Desk Officer for DOL, Office Bureau of International Labor Affairs; FOR FURTHER INFORMATION CONTACT: of Management and Budget, Room U.S. National Administrative Office; Lewis Karesh, Acting Secretary, U.S. 10235, Washington, DC 20503 202–395– North American Agreement on Labor National Administrative Office, U.S. 7316 (this is not a toll-free number), Cooperation; Hearing on U.S. Department of Labor, 200 Constitution within 30 days from the date of this Submission #2003–01 Avenue, NW., Room S–5205, publication in the Federal Register. AGENCY: Office of the Secretary, Labor. Washington, DC 20210. Telephone: The OMB is particularly interested in (202) 693–4900 (this is not a toll-free ACTION: Notice of hearing. comments which: number).

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SUPPLEMENTARY INFORMATION: notify each requester of the disposition fiduciary to select a proprietary product of the request to present oral testimony. as the initial investment for such I. Nature and Conduct of Hearing In presenting testimony, the witness individual retirement plan. Finally, As set out in the notice published in should summarize the written statement relief is proposed for the receipt of the Federal Register on February 11, or brief, may supplement the written certain fees by the individual retirement 2004, the objective of the review of the statement or brief with relevant plan provider in connection with the submission will be to gather information information, and should be prepared to establishment or maintenance of the to assist the NAO to better understand answer questions from the Secretary of individual retirement plan and the and publicly report on issues raised in the NAO or the Secretary’s designee. initial investment of the mandatory the submission, including freedom of Oral testimony will ordinarily be distribution. If granted, the proposed association and protection of the right to limited to a ten-minute presentation, not exemption would affect plan sponsors, organize, the right to bargain including the time for questions. plan fiduciaries, individual retirement collectively, minimum employment Persons desiring more than ten minutes plan providers and individual standards, occupational safety and for their presentation should so state in retirement plan account holders. health, and access to fair, equitable and the request, setting out reasons why transparent labor tribunal proceedings, additional time is necessary. DATES: Written comments and requests as they relate to the Government of The requirements relating to the for a public hearing must be received by Mexico’s compliance with the submission of written statements or the Department on or before April 1, obligations set forth in the NAALC. briefs and requests to present oral 2004. The hearing will be conducted by the testimony may be waived by the Secretary of the NAO or the Secretary’s Secretary of the NAO for reasons of ADDRESSES: All written comments and designee. It will be open to the public. equity and public interest. request for a public hearing should be All proceedings will be conducted in sent to: Office of Exemption Signed at Washington, DC on February 25, Determinations, (Attention: D–11203), English, with simultaneous 2004. interpretation in English and Spanish Employee Benefits Security Lewis Karesh, Administration, Room N–5649, U.S. provided as appropriate and necessary. Acting Secretary, U.S. National The public files for the submission, Department of Labor, 200 Constitution Administrative Office. Ave, NW., Washington, DC 20210. including written statements, briefs and [FR Doc. 04–4550 Filed 3–1–04; 8:45 am] requests to present oral testimony, will Comments and requests for a hearing BILLING CODE 4510–28–P be made a part of the appropriate also may be submitted to EBSA via fax hearing record. The public files will also at (202) 219–0204, or by e-mail to [email protected] by the end of the be available for inspection at the NAO DEPARTMENT OF LABOR prior to the hearing. comment period. The application and The hearing will be transcribed. A Employee Benefits Security comments received will be available for transcript of the proceeding will be Administration public inspection in EBSA’s Public made available for inspection, as Documents Room, U.S. Department of provided for in Section E of the NAO [Application No. D–11203] Labor, Room N–1513, 200 Constitution Ave, NW., Washington, DC. procedural guidelines, or may be Proposed Class Exemption for the purchased from the reporting company. Establishment, Investment and FOR FURTHER INFORMATION CONTACT: Disabled persons should contact the Maintenance of Certain Individual Allison Padams Lavigne or Karen Lloyd, Secretary of the NAO no later than Retirement Plans Pursuant to an Office of Exemption Determinations, March 22, 2004 if special Automatic Rollover of a Mandatory Employee Benefits Security accommodations are needed. Distribution Administration, U.S. Department of II. Written Statements or Briefs and Labor, Washington, DC 20210, at (202) AGENCY: Employee Benefits Security Requests To Present Oral Testimony 693–8540 (this is not a toll-free Administration, Labor. number). Written statements or briefs shall ACTION: Notice of proposed class provide a description of the information exemption. SUPPLEMENTARY INFORMATION: Notice is to be presented or position taken and hereby given of the pendency before the shall be legibly typed or printed. SUMMARY: This document contains a Department of a proposed class Requests to present oral testimony shall notice of pendency before the exemption from the restrictions of include the name, address, and Department of Labor (the Department) of sections 406(a), 406(b)(1) and 406(b)(2) telephone number of the witness, the a proposed class exemption from certain of ERISA and from the taxes imposed by organization represented, if any, and prohibited transaction restrictions of the section 4975(a) and (b) of the Code, by any other information pertinent to the Employee Retirement Income Security reason of section 4975(c)(1)(A) through request. If not filed electronically, five Act of 1974 (ERISA) and from certain (E) of the Code. copies of a statement or brief and a taxes imposed by the Internal Revenue single copy of a request to present oral Code of 1986 (the Code). If granted, the The Department is proposing this testimony shall be submitted to the proposed exemption would permit a class exemption on its own motion NAO at the time of filing. fiduciary of a plan who is also the pursuant to section 408(a) of ERISA and No request to present oral testimony employer maintaining the plan to section 4975(c)(2) of the Code, and in will be considered unless accompanied establish, on behalf of its separated accordance with the procedures set by a written statement or brief. A employees, an individual retirement forth in 29 CFR 2570, subpart B (55 FR 1 request to present oral testimony may be plan at a financial institution which is 32836, August 10, 1990). denied if the written statement or brief the employer or an affiliate, in suggests that the information sought to connection with an automatic rollover 1 Section 102 of Reorganization Plan No. 4 of 1978 generally transferred the authority of the be provided is unrelated to the review of a mandatory distribution described in Secretary of the Treasury to issue exemptions under of the submission or for other section 401(a)(31)(B) of the Code. Relief section 4975(c)(2) of the Code to the Secretary of appropriate reasons. The NAO will is also being proposed to permit a plan Labor.

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I. Executive Order 12866 described and quantified in connection permit a plan fiduciary to select a Under Executive Order 12866, the with the economic impact of the proprietary product as the initial Department must determine whether the proposed regulation describing the safe investment for such an individual regulatory action is ‘‘significant’’ and harbor for automatic rollovers of retirement plan. Finally, relief is therefore subject to the requirements of mandatory distributions also published proposed for the receipt of certain fees the Executive Order and subject to in today’s issue of the Federal Register. by the Individual Retirement Plan review by the Office of Management and Fiduciaries of pension plans who are Provider and the initial investment of Budget (OMB). Under section 3(f), the also employers maintaining the plan the mandatory distribution. The proposed exemption includes order defines a ‘‘significant regulatory who would establish these individual certain notice and recordkeeping action’’ as an action that is likely to retirement plans at a financial requirements that are meant to inform result in a rule (1) having an annual institution which is the employer or separated employees and allow for effect on the economy of $100 million affiliate are included within the estimates of affected plans and verification by interested persons that or more, or adversely and materially separated participants presented in the the terms of the exemption have been affecting a sector of the economy, proposed regulations. met with respect to the automatic productivity, competition, jobs, the Certain additional costs may accrue to rollover of mandatory distributions and environment, public health or safety, or plan fiduciaries that select the investments. Specifically, prior to an State, local or tribal governments or proprietary products of an employer or automatic rollover of a mandatory communities (also referred to as an affiliate for investment of individual distribution, a plan fiduciary is required ‘‘economically significant’’); (2) creating retirement plans. Specifically, in to notify a participant that the serious inconsistency or otherwise connection with the acquisition of an distribution may be rolled over into a interfering with an action taken or Eligible Investment Product, section I(h) proprietary investment selected by the planned by another agency; (3) of the proposed exemption provides that plan fiduciary. Notification that a materially altering the budgetary plan fiduciaries are not permitted to proprietary investment may be selected impacts of entitlement grants, user fees, charge a sales commission to the is to be provided in connection with a or loan programs or the rights and individual retirement plans of their written explanation required under obligations of recipients thereof; or (4) separated employees. In contrast to section 402(f) of the Code or in the raising novel legal or policy issues individual retirement plans not plan’s summary plan description or arising out of legal mandates, the described in section 401(a)(31)(B) of the summary of materials modifications President’s priorities, or the principles Code, individual retirement plans that thereto. set forth in the Executive Order. do not generate sales commissions may In the Department’s view, neither Pursuant to the terms of the Executive result in a cost to some Individual alternative will result in a measurable Order, it has been determined that this Retirement Plan Providers. Because the burden. The additional information action is ‘‘significant’’ and therefore Department has no basis for determining required to be included to meet this subject to review by the Office of the extent to which plan fiduciaries will condition, though important, would Management and Budget (OMB). use one or more proprietary products, require only a minor alteration to an Accordingly, this action has been the number of accounts that could be existing disclosure. The fiduciary would reviewed by OMB. rolled over into such products, or the also retain flexibility under the The proposed prohibited transaction lost income, if any, that may result from proposed exemption as to the most class exemption is being published unpaid sales commissions, the efficient method of conveying the concurrently with a proposed regulation Department has not estimated a cost for required information. As such, no on Fiduciary Responsibility under the this provision of the proposed burden for plan fiduciaries is expected Employee Retirement Income Security exemption. However, many of the to arise from the notice requirement in Act of 1974 Automatic Rollover Safe proprietary products permitted under the proposed exemption. Harbor. The proposed exemption will the exemption generally do not charge The Individual Retirement Plan permit plan fiduciaries that are also a sales commission in connection with Provider is also required to maintain or employers maintaining a pension plan an initial purchase. In any case, it is to cause to be maintained, for a period to establish, for separated employees, likely that a plan fiduciary will use a of six years, records relating to the individual retirement plans at financial proprietary product for these individual automatic rollover that are necessary to institutions that are the employer or an retirement plans only if it is financially enable certain described persons to affiliate, in connection with an beneficial to do so, for example, as a determine whether the conditions of the automatic rollover of a mandatory way to retain deposits and increase proposed exemption had been met. distribution described in section earnings. The Department requests Because these records would 401(a)(31)(B) of the Code. The proposed comments on benefits and costs that customarily be maintained as a part of exemption also permits plan fiduciaries pertain specifically to the conditions of usual business practices, this condition to select a proprietary product as the this proposed exemption. is not expected to impose a burden on initial investment for an individual Individual Retirement Plan Providers. retirement plan. Finally, the proposed II. Paperwork Reduction Act Because no burden is expected to exemption provides relief from what The proposed exemption permits a arise in connection with the notice and would otherwise be a prohibited fiduciary of a pension plan that is also recordkeeping requirements in the transaction for the receipt of certain fees the employer maintaining the plan to proposed exemption, the Department by Individual Retirement Plan Providers establish, on behalf of its separated has not made a submission for OMB in connection with the establishment or employees, an individual retirement approval of an information collection maintenance of the individual plan at a financial institution that is the request in in connection with the retirement plan and the initial employer or an affiliate, in connection proposed exemption. The Department investment of the mandatory with an automatic rollover of a requests comments on any potential distribution. mandatory distribution described in impact of the notice and recordkeeping In general, the costs and benefits that section 401(a)(31)(B) of the Code. Relief requirements of the proposed may accrue to fiduciaries have been is also being provided that would exemption.

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III. Background the trust will not constitute a qualified individual retirement plan provider. In Under the Code, tax-qualified trust unless the plan of which the trust addition, the plan administrator may retirement plans are permitted to is a part provides that if a mandatory determine to invest the mandatory incorporate provisions requiring an distribution of more than $1,000 is to be distribution in an investment product in immediate distribution to a separating made and the participant does not elect which it or its affiliate has an interest. participant without the participant’s to have such distribution paid directly In this regard, section 406(a)(1) consent if the present value of the to an eligible retirement plan or to prohibits in part, a fiduciary of a plan participant’s vested accrued benefit receive the distribution directly, the from causing the plan to engage in a does not exceed $5,000.2 A distribution plan administrator must transfer such transaction that constitutes a direct or by a plan in compliance with such a distribution to an individual retirement an indirect sale, exchange or leasing of provision is termed a mandatory plan. Section 657(a) of EGTRRA also any property between the plan and a distribution, commonly referred to as a added a notice requirement in section party in interest; lending of money or ‘‘cash-out.’’ Separating participants may 401(a)(31)(B)(i) of the Code requiring the other extension of credit between the choose to roll the cash-out, which is an plan administrator to notify the plan and a party in interest; furnishing eligible rollover distribution,3 into an participant in writing, either separately of goods, services, or facilities between eligible retirement plan,4 or they may or as part of the notice required under the plan and a party in interest; and a retain the cash-out as taxable section 402(f) of the Code, that the transfer to, or use by or for the benefit distribution. Within a reasonable period participant may transfer the distribution of, a party in interest of any assets of the 9 of time prior to making a mandatory to another individual retirement plan. plan. Section 406(b)(1) and (b)(2) distribution, plan administrators are Section 657(c)(2)(A) of EGTRRA prohibits a fiduciary with respect to a required by section 402(f) of the Code to directed the Department to issue plan from dealing with the assets of the provide a separating participant with a regulations providing safe harbors under plan in his own interest or for his own written notice explaining, among other which (1) a plan administrator’s account; and from acting in his things, the following: the Code designation of an institution to receive individual or in any other capacity in provisions under which the participant the automatic rollover and (2) the initial any transaction involving the plan on may elect to have the cash-out investment choice for the rolled-over behalf of a party (or representing a transferred directly to an eligible funds would be deemed to satisfy the party) whose interests are adverse to the retirement plan and that if an election fiduciary responsibility provisions of interests of the plan or the interests of is not made, such cash-out is subject to section 404(a) of ERISA. Section its participants or beneficiaries. the automatic rollover provisions of 657(c)(2)(B) of EGTRRA states that the Accordingly, a violation of section Code section 401(a)(31)(B); the Secretaries of Labor and Treasury may 406(a) and/or (b) may occur if the plan provision requiring income tax provide, and shall give consideration to administrator or other fiduciary withholding if the cash-out is not providing, special relief with respect to designates itself or an affiliate as the directly transferred to an eligible the use of low-cost individual provider of the individual retirement retirement plan; and the provisions retirement plans for purposes of Code plan. Also, additional violations may under which the distribution will not be section 401(a)(31)(B) automatic rollovers occur if the plan fiduciary determines to taxed if the participant transfers the and for other uses that promote the invest the mandatory distribution in an account balance to an eligible retirement preservation of assets for retirement investment which it or its affiliate has plan within 60 days of receipt.5 income. an interest. Section 408(b)(2) of ERISA Where the plan administrator (or provides a conditional statutory As part of the Economic Growth and 10 Tax Relief Reconciliation Act of 2001 other fiduciary) of a plan is a financial exemption for the provision of services institution or an affiliate, and is an (EGTRRA),6 section 401(a)(31) of the by a party in interest to a plan and the individual retirement plan provider,11 Code was amended to require that, payment of reasonable compensation to the plan administrator may determine to absent an affirmative election by the the party in interest. However, section designate itself or its affiliate as the participant, certain mandatory 408(b)(2) of ERISA does not provide distributions from a tax-qualified relief from the prohibitions described in immediate distribution to a participant of any 12 retirement plan be directly transferred section 406(b) of ERISA. If a plan ‘‘nonforfeitable accrued benefit for which the fiduciary uses the authority, control or to an individual retirement plan 7 of a present value (as determined under section 411(a) designated trustee or issuer. of the Code) does not exceed $5,000.’’ The Treasury responsibility which makes such person Specifically, section 657(a) of EGTRRA and the IRS have advised the Department that the a fiduciary to cause the plan to pay an requirements of Code section 401(a)(31)(B) apply to added a new section 401(a)(31)(B)(i) to additional fee to such fiduciary or to a a broad range of retirement plans including plans person in which he has an interest the Code to provide that, in the case of established under Code sections 401(a), 401(k), a trust that is part of an eligible plan,8 403(a), 403(b) and 457. which may affect the exercise of such 9 Conforming amendments to Code sections fiduciary’s best judgment as a fiduciary, 401(a)(31) and 402(f)(1) were also made by section 2 Code sections 411(a)(11) and 417(e). See Code then a violation of section 406(b) of 657 of EGTRRA. section 411(a)(11)(D) for circumstances where the ERISA would occur. 10 amount of a cash-out may be greater than $5,000, Although the provisions of section The Department notes that this based on a participant’s prior rollover contribution 401(a)(31)(B) of the Code state that the ‘‘plan proposed class exemption provides to the plan. administrator’’ will make the transfer to an individual retirement plan, the Department has relief for a plan fiduciary’s designation 3 See Code section 402(f)(2)(A). determined to provide relief for any plan fiduciary of itself or an affiliate as individual 4 See Code section 402(f)(2)(B). affiliated with the plan sponsor who makes the retirement plan provider to receive 5 Code section 402(f)(1). decisions described herein with respect to the 6 Pub. L. 107–16, June 7, 2001, 115 Stat. 38. automatic rollover. automatic rollovers of mandatory 7 Section 401(a)(31)(B)(i) of the Code requires the 11 The Department uses the term individual distributions from plans for which it or transfer to be made to an ‘‘individual retirement retirement plan provider, defined in section IV(d), an affiliate serves as the plan sponsor.13 plan,’’ which section 7701(a)(37) of the Code to refer to the entity that is providing the rollover In addition, relief is provided for the defines to mean an individual retirement account individual retirement plan. For purposes of this selection of the plan fiduciary’s (or an described in section 408(a) and an individual exemption, the individual retirement plan provider retirement annuity described in section 408(b). will either be the plan fiduciary that is the sponsor 8 Section 657(a)(1)(B)(ii) of EGTRRA defines an of the plan from which the rollover was made, or 12 See 29 CFR 2550.408b–2(e). ‘‘eligible plan’’ as a plan which provides for an an affiliate. 13 See ERISA section 3(16)(B).

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affiliate’s) proprietary investment plan’s summary plan description or such return is guaranteed, consistent products as the initial investment summary of material modifications with liquidity. For this purpose, the designation for the mandatory thereto, notify the participant prior to product must be offered by a Regulated distributions of its plan participants. the mandatory rollover distribution that, Financial Institution and must seek to The proposed exemption does not cover absent his or her election, the maintain a stable dollar value equal to any subsequent investment decisions mandatory distribution will be rolled the amount invested in the product by made by the individual retirement plan over to an individual retirement plan the individual retirement plan. Such provider on behalf of the individual provided by the plan fiduciary or an term includes money market funds retirement plan account holder.14 affiliate, and that the plan fiduciary may maintained by registered investment Additionally, the Department select its own proprietary investment as companies, and interest-bearing savings anticipates that, where a plan fiduciary the initial investment of the mandatory accounts and certificates of deposit of a which is unrelated to the plan sponsor distribution. In any case, the plan’s bank or a similar financial institution.19 recommends itself as individual summary plan description or summary In addition, the term includes ‘‘stable retirement plan provider, and of material modifications thereto will value products’’ issued by a financial recommends its own proprietary describe the plan’s rollover provisions institution that are fully benefit- investments as the initial investment of effectuating the requirements of section responsive to the individual retirement the mandatory distribution, such 401(a)(31)(B) of the Code. plan account holder, i.e., that provide a determinations will ultimately be The plan fiduciary must comply with liquidity guarantee by a financially subject to the independent approval of the requirements of the Automatic responsible third party of principal and the plan sponsor and, therefore, may not Rollover Regulation. The term previously accrued interest for result in prohibited transactions.15 ‘‘Automatic Rollover Regulation’’ refers liquidations or transfers initiated by the to the regulation promulgated by the Discussion of the Proposed Exemption individual retirement plan account Department at 29 CFR 2550.401a–2, holder exercising his or her right to Section I of the proposal describes the which is proposed elsewhere in this withdraw or transfer funds under the transactions that are covered by the issue of the Federal Register. terms of an arrangement that does not exemption. The plan fiduciary who The plan fiduciary must be the include substantial restrictions to the provides the notice in section II(a) and employer, any of whose employees are account holder’s access to the assets of meets the additional requirements covered by the plan from which the the individual retirement plan. The described below would be able to be the automatic rollover of the mandatory Department requests comments as to individual retirement plan provider for distribution is made, or an affiliate. whether an annuity provider described its separated employees and to make an Under the proposal, the individual in section 408(b) of the Code currently initial decision to invest the mandatory retirement plan must be established and offers Eligible Investment Products as distribution in an investment product in maintained for the exclusive benefit of defined herein. which such plan fiduciary or its affiliate the account holder of the individual The exemption would not apply to has an interest. Additionally, relief is retirement plan, his or her spouse or the initial investment transaction provided for the receipt of fees by the their beneficiaries. Under section IV(a) entered into by an individual retirement individual retirement plan provider for of the proposed exemption, the term plan unless the Eligible Investment the receipt of fees by the individual individual retirement plan is defined in Product is provided by a Regulated retirement plan provider in connection section 7701(a)(37) of the Code. Section Financial Institution. A Regulated with the establishment or maintenance 7701(a)(37) defines individual Financial Institution is defined under of the individual retirement plan, and as retirement plan as an individual the exemption as an entity that: (i) Is a result of the investment of the retirement account described in section subject to state or federal regulation, and mandatory distribution in an investment 408(a) of the Code and an individual (ii) is a bank or savings association, the product in which the plan fiduciary or retirement annuity described in section deposits of which are insured by the its affiliate has an interest. 408(b) of the Code. For purposes of this Federal Deposit Insurance Corporation; Under the proposal, a plan fiduciary exemption, the term individual a credit union, the member accounts of must, in connection with the written retirement plan shall not include an which are insured within the meaning explanation provided pursuant to individual retirement plan which is an of section 101(7) of the Federal Credit section 402(f) of the Code or in the employee benefit plan covered by Title 18 union Act; an insurance company, the I of ERISA. products of which are protected by state 14 The proposal requires that the terms The Department notes that where a distribution guarantee associations; or an investment constitutes the entire benefit rights of a participant, of the individual retirement plan, company registered under the the participant will cease to be a participant including the fees and expenses for Investment Company Act of 1940. covered under the plan within the meaning of 29 establishing and maintaining the CFR 2510.3–3(d)(2)(ii)(B), and the distributed assets The Department expects that a will cease to be plan assets within the meaning of individual retirement plan, be no less Regulated Financial Institution whose 29 CFR 2510.3–101 for purposes of Title I of ERISA. favorable than those available to Nevertheless, if the assets are rolled over into an investment product is selected by the comparable individual retirement plans plan fiduciary on behalf of the individual retirement plan, the prohibitions of for distributions not described in section 4975 of the Code will continue to apply. See individual retirement plan will be a 29 CFR 2510.3–101(a)(1). section 401(a)(31)(B) of the Code. solvent institution capable of honoring 15 Under the proposed exemption, the To the extent that an independent plan its ultimate financial obligation to the fiduciary provides investment advice to a plan individual retirement plan must be account holder. within the meaning of regulation 29 CFR 2510.3– invested in an ‘‘Eligible Investment 21(c)(1)(ii)(B), and recommends an investment in its In addition, the proposal requires that own proprietary investment product, the presence Product.’’ Section IV(e) defines the term the rate of return or the investment of an unrelated second fiduciary (e.g., plan sponsor) ‘‘Eligible Investment Product’’ to mean performance of the individual acting on the investment advisor’s an investment product designed to retirement plan investment(s) be no less recommendations on behalf of the plan is not preserve principal and provide a sufficient to insulate the advisor from fiduciary liability under section 406(b) of ERISA. See reasonable rate of return, whether or not 19 The investment of plan assets in bank deposits Advisory Opinions 84–03A and 84–04A issued by may be covered by ERISA section 408(b)(4) and the Department on January 4, 1984. 18 See 29 CFR 2510.3–2(d). Code section 4975(d)(4).

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favorable than the rate of return or distribution described in section prohibited under section 406(b)(3) of investment performance of an identical 401(a)(31) (B) of the Code. At present, ERISA and section 4975(c)(1)(F) of the investment that could have been made such distributions are limited to Code; and at the same time by a comparable nonforfeitable accrued benefits, the (4) If granted, the pending class individual retirement plan for present value of which is in excess of exemption will be applicable to a distributions not described in section $1,000, but is less than or equal to particular transaction only if the 401(a)(31)(B) of the Code. $5,000. For purposes of determining the transaction satisfies the conditions The proposal does not permit the present value of such benefits, section specified in the exemption. individual retirement plan to pay a sales 401(a)(31)(B) references Code section Written Comments commission in connection with the 411(a)(11). Section 411(a)(11)(A) of the acquisition of an Eligible Investment Code provides that, in general, if the All interested persons are invited to Product. present value of any nonforfeitable submit written comments or requests for Under the proposed exemption, the accrued benefit exceeds $5,000, such a hearing on the proposed exemption to individual retirement plan account benefit may not be immediately the address and within the time period holder must be able to, within a distributed without the consent of the set forth above. All comments and reasonable time after request and participant. Section 411(a)(11)(D) of the requests for a hearing will be made a without penalty to the principal amount Code also provides a special rule that part of the record. Comments and of the investment, transfer his permits plans to disregard that portion requests for a hearing should state the individual retirement plan balance to a of a nonforfeitable accrued benefit that reasons for the writer’s interest in the different investment offered by the is attributable to amounts rolled over proposed exemption. Comments individual retirement plan provider, or from other plans (and earnings thereon) received will be available for public transfer his or her individual retirement in determining the $5,000 limit. inspection at the address set forth plan balance to another individual Inasmuch as section 401(a)(31)(B) of the above. retirement plan sponsored at a different Code requires the automatic rollover of Proposed Exemption financial institution. The Department mandatory distributions, as determined wants to ensure that, once the account under section 411(a)(11), which would The Department has under holder discovers that an individual include prior rollover contributions, the consideration the granting of the retirement plan has been established on proposed exemption, if granted, would following class exemption, under the his or her behalf, he or she is able to provide relief in the case of automatic authority of section 408(a) of ERISA and make appropriate investment decisions rollovers of mandatory distributions section 4975(c)(2) of the Code, and in with respect to the assets of the containing such prior rollover accordance with the procedures set individual retirement plan or to change contributions. forth in 29 CFR 2570, subpart B (55 FR individual retirement plan providers Lastly, the proposal contains a 32836, August 10, 1990). without penalty. recordkeeping requirement. The I. Transactions The proposal limits the fees that may individual retirement plan provider be paid by the individual retirement must maintain records to enable certain The restrictions of sections plan, as follows: (i) The fees and persons to determine whether the 406(a)(1)(A) through (D), 406(b)(1) and expenses attendant to the individual applicable conditions of the exemption 406(b)(2) of the Act, and the taxes retirement plan, including the have been met. The records must be imposed by section 4975(a) and (b) of investment of the assets of such plan, available for examination by the IRS, the the Code, by reason of section (e.g., establishment charges, Department, and account holders and 4975(c)(1)(A) through (E) of the Code, maintenance fees, investment expenses, their beneficiaries for at least six years shall not apply to (i) the fiduciary of an termination costs, and surrender from the date of each automatic rollover. Employee Pension Benefit Plan (plan) charges) shall not exceed the fees and using its authority to designate itself or expenses charged by the individual General Information an affiliate as Individual Retirement retirement plan provider for comparable The attention of interested persons is Plan Provider to receive the automatic individual retirement plans established directed to the following: rollover of a mandatory distribution for eligible rollover distributions that (1) Before an exemption may be described in section 401(a)(31)(B) of the are not subject to the automatic rollover granted under section 408(a) of ERISA Code, (ii) the initial investment of the provisions of section 401(a)(31)(B) of the and section 4975(c)(2) of the Code, the mandatory distribution by the plan Code; (ii) the fees and expenses, other Department must find that the fiduciary in an investment product in than establishment charges, attendant to exemption is administratively feasible, which the plan fiduciary or its affiliate the individual retirement plan, may be in the interests of the plan and of its has an interest, (iii) the receipt of fees charged only against the income earned participants and beneficiaries and by the Individual Retirement Plan by the individual retirement plan; and protective of the rights of participants Provider in connection with the (iii) the fees and expenses shall not and beneficiaries of such plan. establishment or maintenance of the exceed reasonable compensation with in (2) The proposed exemption, if individual retirement plan, and (iv) the the meaning of section 4975(d)(2) of the granted, will be supplemental to, and receipt of investment fees by the Code. Accordingly, establishment fees not in derogation of, any other Individual Retirement Plan Provider or for the individual retirement plan may provisions of ERISA and the Code an affiliate as a result of the investment be paid out of the principal of the including statutory or administrative of the mandatory distribution in an mandatory distribution, provided that exemptions and transitional rules. investment product in which the plan such fees do not exceed the fees charged Furthermore, the fact that a transaction fiduciary or an affiliate has an interest, to comparable individual retirement is subject to an administrative or provided that the conditions set forth in plans containing rollover distributions statutory exemption is not dispositive of sections II and III are satisfied. not described in section 401(a)(31)(B) of whether the transaction is in fact a Code. prohibited transaction; II. Conditions The proposed exemption applies only (3) The proposed exemption, if (a) In connection with the written to the automatic rollover of a mandatory granted, will not extend to transactions explanation provided to the separating

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participant pursuant to section 402(f) of termination costs, and surrender examination as required by paragraph the Code, or in the plan’s summary plan charges) shall not exceed the fees and (b). description or summary of material expenses charged by the Individual IV. Definitions modifications thereto, the plan fiduciary Retirement Plan Provider for notifies the participant that, absent his comparable individual retirement plans (a) The term ‘‘individual retirement or her election, the mandatory established for eligible rollover plan’’ means an individual retirement distribution will be rolled over to an distributions that are not subject to the plan described in section 7701(a)(37) of individual retirement plan offered by automatic rollover provisions of section the Code. For purposes of this the plan fiduciary or an affiliate, and 401(a)(31)(B) of the Code; exemption, the term individual that the plan fiduciary may select its (2) Fees and expenses attendant to the retirement plan shall not include an own proprietary investment for the individual retirement plan, with the individual retirement plan which is an initial investment of the mandatory exception of establishment charges, may employee benefit plan covered by Title distribution. be charged only against the income I of ERISA. (b) The requirements of the Automatic earned by the individual retirement (b) The term ‘‘Employee Pension Rollover Regulation are met. plan; and Benefit Plan’’ refers to an employee (c) The plan fiduciary is the employer (3) Fees and expenses are not in pension benefit plan defined in ERISA any of whose employees are covered by excess of reasonable compensation section 3(2)(A). the plan from which the automatic within the meaning of section (c) The term ‘‘Automatic Rollover rollover of the mandatory distribution is 4975(d)(2) of the Code. Regulation’’ refers to the regulation made, or an affiliate. (k) The present value of the promulgated by the Department at 29 (d) The individual retirement plan is nonforfeitable accrued benefit, as CFR 2550.404a–2. established and maintained for the determined under section 411(a)(11) of (d) The term ‘‘Individual Retirement exclusive benefit of the individual the Code, does not exceed the maximum Plan Provider’’ means an entity that is retirement plan account holder, his or amount under section 401(a)(31)(B) of eligible to serve as an individual her spouse or their beneficiaries. the Code. retirement account trustee under section (e) The terms of the individual 408(a)(2) of the Code, or for purposes of retirement plan, including the fees and III. Recordkeeping an individual retirement annuity expenses for establishing and (a) The Individual Retirement Plan described in section 408(b) of the Code, maintaining the individual retirement Provider maintains or causes to be an insurance company which is plan, are no less favorable than those maintained for a period of six (6) years qualified to do business under the law available to comparable individual from the date of each automatic rollover of the jurisdiction in which the annuity retirement plans for distributions not the records necessary to enable the contract, or endowment contract described in section 401(a)(31)(B) of the persons described in paragraph (b) of (described in 26 CFR 1.408–3 (e)), is code. this section to determine whether the sold. (f) The mandatory distribution is applicable conditions of this exemption (e) The term ‘‘Eligible Investment invested in an Eligible Investment have been met. Such records must be Product’’ means an investment product Product(s), as defined in section IV(e). readily available to assure accessibility designed to preserve principal and (g) The rate of return or the by the persons identified in paragraph provide a reasonable rate of return, investment performance of the (b) of this section. whether or not such return is individual retirement plan (b) Notwithstanding any provisions of guaranteed, consistent with liquidity. investment(s) is no less favorable than section 504(a)(2) and (b) of the Act, the For this purpose, the product must be the rate of return or investment records referred to in paragraph (a) of offered by a Regulated Financial performance of an identical this section are unconditionally Institution and must seek to maintain a investment(s) that could have been available at their customary location for stable dollar value equal to the amount made at the same time by comparable examination during normal business invested in the product by the individual retirement plans for hours by— individual retirement plan. Such term distributions not described in section (1) Any duly authorized employee or includes money market funds 401(a)(31)(B) of the code. representative of the Department of maintained by registered investment (h) The individual retirement plan Labor or the Internal Revenue Service; companies, and interest-bearing savings does not pay a sales commission in and accounts and certificates of deposit of a connection with the acquisition of an (2) Any account holder of an bank or similar financial institution. In eligible Investment Product. individual retirement plan established addition, the term includes ‘‘stable (i) The individual retirement plan pursuant to this exemption, or any duly value products’’ issued by a financial account holder may, within a reasonable authorized representative of such institution that are fully benefit- period of time after his or her request account holder. responsive to the individual retirement and without penalty to the principal (c) A prohibited transaction will not plan account holder, i.e., that provide a amount of the investment, transfer his be considered to have occurred if, due liquality guarantee by a financially individual retirement plan balance to a to circumstances beyond the control of responsible third party of principal and different investment offered by the the Individual Retirement Plan previously accrued interest for Individual Retirement Plan Provider, or Provider, the records are lost or liquidations or transfers initiated by the transfer his individual retirement plan destroyed prior to the end of the six- individual retirement plan account balance to an individual retirement plan year period, and no party in interest holder exercising his or her right to sponsored at a different financial other than the Individual Retirement withdraw or transfer funds under the institution. Plan Provider shall be subject to the terms of an arrangement that does not (j) (1) Fees and expenses attendant to civil penalty that may be assessed under include substantial restrictions to the the individual retirement plan, section 502(i) of ERISA or to the taxes account holder’s access to the including the investment of the assets of imposed by sections 4975(a) and (b) of individual retirement plan’s assets. such plan, (e.g., establishment charges, the Code if the records are not (f) The term ‘‘Regulated Financial maintenance fees, investment expenses, maintained or are not available for Institution’’ means an entity that: (i) Is

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subject to state or federal regulation, and ADDRESSES: procedures concerning the delivery of (ii) is a bank or savings association, the material by express delivery, hand I. Submission of Comments deposits of which are insured by the delivery and messenger service. Federal Deposit Insurance Corporation; Regular mail, express delivery, hand- II. Background a credit union, the member accounts of delivery, and messenger service: Submit which are insured within the meaning your comments and attachments to the The Department of Labor, as part of its of section 101(7) of the Federal Credit OSHA Docket Office, Docket No. ICR– continuing effort to reduce paperwork Union Act; an insurance company, the 1218–0231(2004), Room N–2625, and respondent (i.e., employer) burden, products of which are protected by state OSHA, U.S. Department of Labor, 200 conducts a preclearance consultation guarantee associations; or an investment Constitution Avenue, NW., Washington, program to provide the public with an company registered under the DC 20210. OSHA Docket Office and opportunity to comment on proposed Investment Company Act of 1940. Department of Labor hours of operation and continuing information collection (g) An ‘‘affiliate’’ of a person includes: are 8:15 a.m. to 4:45 p.m., EST. requirements in accordance with the (1) Any person directly or indirectly Facsimile: If your comments, Paperwork Reduction Act of 1995 controlling, controlled by, or under including any attachments, are 10 pages (PRA–95)(44 U.S.C. 3506(c)(2)(A)). This common control with, the person; or (2) or fewer, you may fax them to the OSHA program ensures that information is in Any officer, director, partner or Docket Office at (202) 693–1648. You the desired format, reporting burden employee of the person; must include the docket number of this (time and cost) is minimal, collection document, Docket No. ICR 1218– (h) The term ‘‘control’’ means the instruments are clearly understood, and 0231(2004), in your comments. power to exercise a controlling OSHA’s estimate of the information Electronic: You may submit collection burden is correct. influence over the management or comments, but not attachments, through policies of a person other than an the internet at: http:// Posting Requirements individual. ecomments.osha.gov/. Paragraph (a)(2) requires that the rated Signed at Washington, DC, this 5th day of load capacities, recommended operating February. II. Obtaining Copies of Supporting Statement for the Information speeds, and special hazard warnings or Ivan L. Strasfeld, Collection instructions be posted on cars and Director, Office of Exemption Determinations, platforms. Employee Benefits Security Administration, The Supporting Statement for the Paragraph (b)(1)(i) requires that Department of Labor. Information Collection is available for operating rules for material hoists be [FR Doc. 04–4552 Filed 3–1–04; 8:45 am] downloading from OSHA’s Web site at established and posted at the operators BILLING CODE 4510–29–M http://www.osha.gov. The supporting station of the hoist. These rules shall statement is available for inspection and include signal system and allowable copying in the OSHA Docket Office, at line speed for various loads. DEPARTMENT OF LABOR the address listed above. A printed copy Paragraph (c)(10) requires that cars be of the supporting statement can be provided with a capacity and data plate Occupational Safety and Health obtained by contacting Theda Kenney at secured in a conspicuous place on the Administration (202) 693–2222. car or crosshead. FOR FURTHER INFORMATION CONTACT: These posting requirements are used [Docket No. ICR–1218–0231(2004)] Noah Connell, Directorate of by the operator and crew of the material Construction, OSHA, U.S. Department and personnel hoists to determine how Material Hoists, Personnel Hoists, and of Labor, Room N–3467, 200 to use the specific machine and how Elevators; Extension of the Office of Constitution Avenue, NW., Washington, much it will be able to lift as assembled Management and Budget’s (OMB) DC 20210; telephone: (202) 693–2345. in one or a number of particular Approval of Information Collection SUPPLEMENTARY INFORMATION: configurations. If not properly used, the (Paperwork) Requirements machine would be subject to failures, I. Submission of Comments on This endangering the employees in the AGENCY: Occupational Safety and Health Notice and Internet Access to immediate vicinity. Administration (OSHA), Labor. Comments and Submissions ACTION: Request for comment. You may submit comments in Test and Inspection and Certification response to this document by (1) hard Records SUMMARY: OSHA submits comments copy, (2) fax transmission (facsimile), or Paragraph (c)(15) requires that a test concerning its proposal to extend OMB (3) electronically through the OSHA and inspection of all functions and approval of the information collection Web page. Please note you cannot attach safety devices be made following requirements contained in the Material materials such as studies or journal assembly and erection of hoists. The test Hoists, Personnel Hoists, and Elevators articles to electronic comments. If you and inspection are to be conducted Standard CFR 1926.552). The Standard have additional materials, you must under the supervision of a competent is designed to protect employees who submit three copies of them to the person. A similar inspection and test is operate and work around personnel OSHA Docket Office at the address required following major alteration of an hoists. above. The additional materials must existing installation. All hoists shall be DATES: Comments must be submitted by clearly identify your electronic inspected and tested at three month the following dates: comments by name, date, subject and intervals. A certification record (the Hard Copy: Your comments must be docket number so we can attach them to most recent) of the test and inspection submitted (postmarked or received) by your comments. Because of security- is required to be kept on file, including May 3, 2004. related problems there may be a the date the test and inspection was Facsimile and electronic: Your significant delay in the receipt of completed, the identification of the comments must be submitted comments by regular mail. Please equipment and the signature of the (postmarked or received) by May 3, contact the OSHA Docket Office at (202) person who performed the test and 2004. 693–2350 for information about security inspection. This certification ensures

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that the equipment has been tested and IV. Authority and Signature your comments and attachments to the is in safe operating condition. John L. Henshaw, Assistant Secretary OSHA Docket Office, Docket No. ICR 1218–0224(2004), Room N–2625, U.S. Disclosure of Test and Inspection of Labor for Occupational Safety and Department of Labor, 200 Constitution Certification Records Health, directed the preparation of this notice. The authority for this notice is Avenue, NW., Washington, DC 20210. The most recent certification record the Paperwork Reduction Act of 1995 OSHA Docket Office and Department of will be disclosed to a CSHO during an (44 U.S.C. 3506) and Secretary of Labor hours of operation are 8:15 a.m. OSHA inspection. Labor’s Order No. 5–2002 (67 FR to 4:45 p.m., EST. III. Special Issues for Comment 65008). Facsimile: If your comments, including any attachments, are 10 pages OSHA has a particular interest in Signed at Washington, DC, on February 26, or fewer, you may fax them to the OSHA comments on the following issues: 2004. Docket Office at (202) 693–1648. You • Whether the proposed information John L. Henshaw, must include the docket number, ICR collection requirements are necessary Assistant Secretary of Labor. 1218–0224(2004), in your comments. for the proper performance of the [FR Doc. 04–4596 Filed 3–1–04; 8:45 am] Electronic: You may submit Agency’s functions to protect workers, BILLING CODE 4510–26–M comments, but not attachments, through including whether the information is the Internet at http:// useful; ecomments.osha.gov/. • The accuracy of OSHA’s estimate of DEPARTMENT OF LABOR the burden (time and costs) of the II. Obtaining Copies of the Supporting information collection requirements, Occupational Safety and Health Statement for the Information including the validity of the Administration Collection Request methodology and assumptions used; [Docket No. ICR 1218–0224(2004)] The Supporting Statement for the • The quality, utility, and clarity of Information Collection Request (ICR) is the information collected; and Overhead and Gantry Cranes Standard available for downloading from OSHA’s • Ways to minimize the burden on (29 CFR 1910.179); Extension of the Web site at http://www.osha.gov. The employers who must comply; for Office of Management and Budget’s complete ICR, containing the OMB example, by using automated or other (OMB) Approval of Information- Form 83–I, Supporting Statement, and technological information collection Collection (Paperwork) Requirements attachments, is available for inspection and copying in the OSHA Docket Office, and transmission techniques. AGENCY: Occupational Safety and Health at the address listed above. A printed Administration (OSHA), Labor. IV. Proposed Actions copy of the ICR can be obtained by ACTION: OSHA is proposing to extend the Request for comment. contacting Theda Kenney at (202) 693– information collection requirements in SUMMARY: OSHA solicits comments 2222. the Material Hoists, Personnel Hoists, concerning its proposal to extend OMB FOR FURTHER INFORMATION CONTACT: and Elevators Standard (29 CFR approval of the Information Collection Theda Kenney, Directorate of Standards 1926.552). requirements contained in the Overhead and Guidance, OSHA, U.S. Department OSHA will summarize the comments and Gantry Cranes standard. (29 CFR of Labor, Room N–3609, 200 submitted in response to this notice, 1910.179). The paperwork provisions of Constitution Avenue, NW., Washington, and will include this summary in the this standard specify requirements for: DC 20210; telephone (202) 693–2222. request to OMB to extend the approval Marking the rated load of cranes; SUPPLEMENTARY INFORMATION: of the information collection preparing, maintaining, and disclosing requirement contained in the Material certification records of hook, hoist I. Submission of Comments on This Hoists, Personnel Hoists, and Elevators chain, and rope inspections and load Notice and Internet Access to Standard (29 CFR 1926.552). test reports. The purpose of the Comments and Submissions Type of Review: Extension of a requirements is to provide information You may submit comments in currently-approved information to employees concerning tests and response to this document by (1) hard collection requirement. inspection of critical components of the copy, (2) fax transmission (facsimile), or Title: Material Hoists, Personnel crane and to provide information about (3) electronically through the OSHA Hoists, and Elevators. the lifting limits of the crane. This webpage. Please note you cannot attach OMB Number: 1218–0231. information will be useful in preventing materials such as studies or journal Affected Public: Business or other for- death and serious injuries by ensuring articles to electronic comments. If you profit organizations; not-for-profit that employees operate overhead and have additional materials, you must institutions; Federal government; State, gantry cranes within the rated loads submit three copies of them to the local or tribal governments. marked on the equipment. OSHA Docket Office at the address Number of Respondents: 26,547. DATES: Comments must be submitted by above. The additional materials must Frequency of Response: On occasion; the following dates: clearly identify your electronic quarterly. Hard Copy: Your comments must be comments by name, date, subject and Total Responses: 143,727. submitted (postmarked or received) by docket number so we can attach them to Average Time per Response: Varies May 3, 2004. your receipt comments. Because of from 2 minutes (.03 hour) for a Facsimile and electronic security related problems there may be supervisor to disclose test and transmission: Your comments must be a significant delay in the receipt of inspection certification records to 30 received by May 3, 2004. comments by regular mail. Please minutes (.50 hour) for a construction ADDRESSES: contact the OSHA Docket Office at (202) worker to obtain and post information 693–2350 for information about security for hoists. I. Submission of Comments procedures concerning the delivery of Estimated Total Burden Hours: Regular mail, express delivery, hand materials by express delivery, hand 30,282. delivery, and messenger service: Submit delivery and messenger service.

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II. Background hoist chain. Certification records • The quality, utility, and clarity of The Department of Labor, as part of its provide employers, employees, and the information collected; and • Ways to minimize the burden on continuing effort to reduce paperwork OSHA compliance officers with employers who must comply; for and respondent (i.e., employer) burden, assurance that the hooks and hoist example, by using automated or other conducts a preclearance consultation chains used on cranes regulated by the technological information collection program to provide the public with an Standard have been inspected as and -transmission techniques. opportunity to comment on proposed required by the Standard. These and continuing information collection inspections help assure that the IV. Proposed Actions requirements in accordance with the equipment is in good operating condition, thereby preventing failure of OSHA is proposing to extend the Paperwork Reduction Act of 1995 information collections requirements in (PRA–95) (44 U.S.C. 3506(c)(2)(A)). the hooks or hoist chains during material handling. These records also the Overhead and Gantry Cranes This program ensures that Standard (29 CFR 1910.179). The information is in the desired format, provide the most efficient means for the compliance officers to determine that an Agency will summarize the comments reporting burden (time and costs) is submitted in response to this notice, minimal, collection instruments are employer is complying with the Standard. and will include this summary in its clearly understood, and OSHA’s request to OMB to extend the approval • Reports or Rated Load Tests estimate of the information collection of these information collection (paragraph (k)(2)). Under this provision, burden is correct. The Occupational requirements. Safety and Health Act of 1970 (the Act) employers must make readily available Type of Review: Extension of authorized information collection by test reports of load-rating tests currently approved information employers as necessary or appropriate conducted under paragraph (b)(3) for collection requirements. for enforcement of the Act or for modified cranes, and for hooks repaired Title: Overhead and Gantry Cranes developing information regarding the as stated in paragraph (l)(3)(iii)(a) of the Standard (29 CFR 1910.179). causes and prevention of occupational Standard. OMB Number: 1218–0224. injuries, illnesses, and accidents (29 These reports inform the employer, Affected Public: Business or other for- U.S.C. 657). employees, and OSHA compliance profit; not-for-profit institutions; Federal The Standard specifies several officers that a rated load test was government; State, local or Tribal paperwork requirements. The following performed, providing information about governments. sections describe who uses the the capacity of the crane and the Number of Respondents: 35,000. information collected under each adequacy of the repaired hook. This Frequency of Recordkeeping: On requirement, as well as how they use it. information is used by crane operators occasion; monthly. The purpose of these requirements is to so that they will not exceed the rated Average Time per Response: Varies prevent death and serious injuries load of the crane or hook. from 5 minutes (.08 hour) to disclose among employees by ensuring that all • Certification Records of Rope certification records to 2 hours to obtain critical components of the crane are Inspections (paragraph (m)). Paragraph and post rated load information on inspected and tested on a periodic basis (m)(1) requires employers to inspect cranes. Total Annual Hours Requested: and that the crane is not used to lift thoroughly all running rope in use, and 360,179. loads beyond its rated capacity. do so at least once a month. In addition, • Marking the Rated Load rope which has been idle for at least a V. Authority and Signature month must be inspected before use, as (paragraphs (b)(3) and (b)(5)). Paragraph John L. Henshaw, Assistant Secretary prescribed by paragraph (m)(2), and a (b)(5) requires that the rated load be of Labor for Occupational Safety and plainly marked on the side of each record prepared to certify that the Health, directed the preparation of this crane. If the crane has more than one inspection was done. The certification notice. The authority for this notice is hoist, the rated load must be marked on records must include the inspection the Paperwork Reduction Act of 1995 each hoist or the load block. The date, the signature of the person (44 U.S.C. 3506), and Secretary of manufacturer will mark the rated loads. conducting the inspection, and the Labor’s Order No. 5–2002 (67 FR If the crane is modified, paragraph (b)(3) identifier of the rope inspected. 65008). requires the new rating to be determined Employers must keep the certification and marked on the crane. Reports of the records on file and available for Signed at Washington, DC, on February 26, 2004. rated load test are also required. This inspection. The certification records function would most likely fall to the provide employers, employees, and John L. Henshaw, employer. Marking the rated-load OSHA compliance officers with Assistant Secretary of Labor. capacity of a crane ensures that assurance that the ropes are in good [FR Doc. 04–4597 Filed 3–1–04; 8:45 am] employers and employees will not condition. BILLING CODE 4510–26–M exceed the limits of the crane, which III. Special Issues for Comment can result in crane failure. • Certification Records for Hook and OSHA has a particular interest in NATIONAL ARCHIVES AND RECORDS Hoist Chain Inspections (paragraphs comments on the following issues: ADMINISTRATION (j)(2)(iii), (j)(2)(iv)). Paragraphs (j)(2)(iii) • Whether the proposed information and (j)(2)(iv) require daily and monthly collection requirements are necessary Agency Information Collection inspections of hooks and hoist chains, for the proper performance of the Activities: Proposed Collection; respectively. After each monthly Agency’s functions, including whether Comment Request inspection, employers are to prepare a the information is useful; AGENCY: National Archives and Records • certification record that includes the The accuracy of OSHA’s estimate of Administration (NARA). date of the inspection, the signature of the burden (time and costs) of the ACTION: Notice. the person who performed the information-collection requirements, inspection, and the serial number, or including the validity of the SUMMARY: NARA is giving public notice other identifier, of the inspected hook or methodology and assumptions used; that the agency proposes to request use

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of NA Form 14127, Microfilm Rental Abstract: The NARA microfilm SUPPLEMENTARY INFORMATION: The Order Form, used by customers/ publications provides ready access to Electronic Records Working Group was researchers for renting roll(s) of a records for research in a variety of fields established by the Interagency microfilm publication. The public is including history, economics, political Committee on Government Information invited to comment on the proposed science, law, and genealogy. NARA (ICGI), to fulfill the requirements of information collection pursuant to the emphasizes microfilming groups of subsection 207(e) of the Act, ‘‘Public Paperwork Reduction Act of 1995. records relating to the same general Access to Electronic Information.’’ The DATES: Written comments must be subject or to a specific geographic area. Working Group’s members are drawn received on or before May 3, 2004, to be For example, the decennial population from a number of Federal agencies, with assured of consideration. censuses from 1790 to 1930 and their NARA as the chair. The Working Group related indexes are available on has held several focus groups with ADDRESSES: Comments should be sent to: Paperwork Reduction Act Comments microfilm. Census records constitute the interested stakeholders from Federal (NHP), Room 4400, National Archives vast majority of microfilmed records agencies, public interest groups, and and Records Administration, 8601 available currently through the rental professional organizations to address Adelphi Rd, College Park, MD 20740– program. the following three issues: • The definition to be used for 6001; or faxed to 301–837–3213; or Dated: February 17, 2004. ‘‘Government information on the electronically mailed to L. Reynolds Cahoon, Internet and other electronic records’’. [email protected]. Assistant Archivist for Human Resources and The operating definitions currently Information Services. FOR FURTHER INFORMATION CONTACT: used by the Working Group are as Requests for additional information or [FR Doc. 04–4520 Filed 3–1–04; 8:45 am] follows: copies of the proposed information BILLING CODE 7515–01–P Government information on the collection and supporting statement Internet— should be directed to Tamee Fechhelm • Information posted on Government NATIONAL ARCHIVES AND RECORDS at telephone number 301–837–1694, or Web sites, ADMINISTRATION • fax number 301–837–3213. Information exchanged between Federal agencies, SUPPLEMENTARY INFORMATION: Pursuant Electronic Records Policy Working • Information exchanged between to the Paperwork Reduction Act of 1995 Group Public Meeting Federal agencies and the public, (Pub. L. 104–13), NARA invites the • Information exchanged between AGENCY: National Archives and Records general public and other Federal Federal agencies and other Administration (NARA). agencies to comment on proposed governments, information collections. The comments ACTION: Notice of public meeting. • Government-enabled Web services, and suggestions should address one or • Standard government forms, more of the following points: (a) SUMMARY: The Electronic Records Policy • E-government business Whether the proposed information Working Group is holding a public transactions. collection is necessary for the proper meeting to obtain views from the public Other electronic records—Electronic performance of the functions of NARA; and Federal agencies on implementing information meeting the definition of a (b) the accuracy of NARA’s estimate of section 207(e)(1)(A) of the E- Federal record per 44 U.S.C. 3301. the burden of the proposed information Government Act of 2002. That section Records include: collection; (c) ways to enhance the calls for ‘‘the adoption by agencies of • All books, papers, maps, quality, utility, and clarity of the policies and procedures to ensure that photographs, machine readable information to be collected; and (d) chapters 21, 25, 27, 29, and 31 of title materials, or other documentary ways, including the use of information 44, United States Code, are applied materials, technology, to minimize the burden of effectively and comprehensively to • Regardless of physical form or the collection of information on Government information on the Internet characteristics, respondents. The comments that are and to other electronic records.’’ • Made or received by an agency of submitted will be summarized and Additional information on the the United States government: • Electronic Records Policy Working Under Federal law, or included in the NARA request for Office • of Management and Budget (OMB) Group and the meeting agenda is In connection with the transaction approval. All comments will become a provided in the SUPPLEMENTARY of public business; • And preserved or appropriate for matter of public record. In this notice, INFORMATION section of this notice. preservation by that agency or its NARA is soliciting comments DATES: The meeting will be held on concerning the following information legitimate successor: March 30, 2004, from 1 p.m. to 4 p.m. • As evidence of the organization, collection: Because seating is limited to 200 functions, policies, decisions, Title: Microfilm Rental Order Form. people and we must provide a list of procedures, operations or other OMB number: 3095–NEW. attendees to the building security staff activities of the government, or Agency form number: NA Form in advance, you must register no later • Because of the informational value 14127. than March 26, 2004. Registrations will of the data in them (44 U.S.C. 3301). Type of review: Regular. be taken on a first-come, first-served • Perceived barriers to effective Affected public: Individuals or basis. management of ‘‘Government households. information on the Internet and other ADDRESSES: The location of the meeting Estimated number of respondents: electronic records’’. 5,200. is: National Capital Planning The operating definition of effective Estimated time per response: 10 Commission, 401 9th Street, NW., Suite management currently used by the minutes. 500 North, Washington DC 20576. Working Group includes: Frequency of response: On occasion. FOR FURTHER INFORMATION CONTACT: • Managing through the life cycle, Estimated total annual burden hours: Pamela Mason at 301–837–0975 or • Providing for accessibility and 867 hours. [email protected]. retrieval,

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• Providing sufficient security, Dated: February 26, 2004. Nuclear Station (V.C. Summer), for an • Ensuring consistency (ability to Susanne E. Bolton, additional 20 years of operation. V.C. reproduce record), Committee Management Officer. Summer is owned by South Carolina • Providing for the integrity of [FR Doc. 04–4593 Filed 3–1–04; 8:45 am] Electric and Gas Company (SCE&G), and records over time, BILLING CODE 7555–01–M is located in Fairfield County, South • Ensuring no loss of records, Carolina, approximately 26 miles • Ensuring compatibility with northwest of Columbia, South Carolina. standard formats, NATIONAL TRANSPORTATION Possible alternatives to the proposed SAFETY BOARD action (license renewal) include no • Managing format changes over time, • action and reasonable alternative Providing for long-term record Sunshine Act Meeting methods of power generation. storage and migration of formats, • Managing the location of records TIME AND PLACE: 9:30 a.m., Tuesday, It is stated in Section 9.3 of the report: over time, March 9, 2004. Based on (1) The analysis and • Cost effective, PLACE: NTSB Conference Center, 429 findings in the GEIS (NRC 1996; 1999); • Appropriate long-term L’Enfant Plaza, SW., Washington, DC (2) the Environmental Report submitted custodianship. 20594. by SCE&G (SCE&G 2002b); (3) • What guidance tools would assist in STATUS: The two items are open to the consultation with Federal, State, and overcoming the identified barriers. public. local agencies; (4) the staff’s own At this public meeting, the Working MATTERS TO BE CONSIDERED: independent review; and (5) the staff’s Group will highlight findings from the 7461A Railroad Accident Report— consideration of public comments, the focus groups and seek additional Derailment of a Canadian Pacific staff recommends that the Commission comments from the attendees on the Railway Train near Minot, North determine that the adverse three issues. Dakota, on January 18, 2002. environmental impacts of license 7539A Marine Accident Report— renewal for V.C. Summer are not so Dated: February 25, 2004. Sinking of the U.S. Small Passenger great that preserving the option of Michael J. Kurtz, Vessel Panther near Everglades City, license renewal for energy planning Assistant Archivist for Records Services— Florida, on December 30, 2002. decisionmakers would be unreasonable. Washington, DC. NEWS MEDIA CONTACT: Telephone (202) The final Supplement 15 to the GEIS [FR Doc. 04–4612 Filed 3–1–04; 8:45 am] 314–6100. is available for public inspection in the BILLING CODE 7515–01–P Individuals requesting specific NRC Public Document Room (PDR) accommodations should contact Ms. Carolyn Dargan at (202) 314–6305 by located at One White Flint North, 11555 Friday, March 5, 2004. Rockville Pike (first floor), Rockville, NATIONAL SCIENCE FOUNDATION The public may view the meeting via Maryland 20852, or from the Publicly a live or archived webcast by accessing Available Records (PARS) component of Committee Management Notice of a link under ‘‘News & Events’’ on the NRC’s Agencywide Documents Access Reestablishment NTSB home page at www.ntsb.gov. and Management System (ADAMS). ADAMS is accessible from the NRC Web The Deputy Director of the National FOR MORE INFORMATION CONTACT: Vicky Science Foundation has determined that D’Onofrio, (202) 314–6410. site at http://www.nrc.gov/reading- rm.html (the Public Electronic Reading the reestablishment of the Oversight Dated: February 27, 2004. Council for the International Arctic Room). Persons who do not have access Vicky D’Onofrio, to ADAMS, or who encounter problems Research Center is necessary and in the Federal Register Liaison Officer. pubic interest in connection with the in accessing the documents located in [FR Doc. 04–4747 Filed 2–27–04; 2:11 pm] performance of the duties imposed upon ADAMS, should contact the PDR the National Science Foundation (NSF) BILLING CODE 7533–01–M reference staff at 1–800–397–4209, 301– by 42 USC 1861 et seq. This 415–4737, or by e-mail to [email protected]. determination follows consultation with The final supplement to the GEIS is also the Committee Management Secretariat, NUCLEAR REGULATORY available for public inspection at the General Services Administration. COMMISSION Thomas Cooper Library, 1322 Greene Name of Committee: Oversight [Docket No. 50–395] Street, Columbia, South Carolina 29208, Council for the International Arctic and at the Fairfield County Library, 300 Research Center (9535). South Carolina Electric and Gas Washington Street, Winnsboro, South Company, Virgil C. Summer Nuclear Nature/Purpose: The Oversight Carolina 29180. Station; Notice of Availability of the Council will advise NSF and the Final Supplement 15 to the Generic FOR FURTHER INFORMATION CONTACT: Mr. University of Alaska, Fairbanks on Environmental Impact Statement William Dam, License Renewal and scientific, policy, and management Regarding License Renewal for the Environmental Impacts Program, issues relating to the operation of the Virgil C. Summer Nuclear Station Division of Regulatory Improvement IARC. The Oversight Council will Programs, U.S. Nuclear Regulatory review annual program plans of the Notice is hereby given that the U.S. IARC before submission to NSF. Commission, Mail Stop O–11 F1, Nuclear Regulatory Commission (the Washington, DC 20555. Mr. Dam may be Responsible NSF Official: Thomas Commission) has published a final contacted at (301) 415–4014 or Pyle, Head, Arctic Science Section, plant-specific supplement to the [email protected]. Office of Polar Programs, National ‘‘Generic Environmental Impact Science Foundation, 4201 Wilson Statement (GEIS)’’, NUREG–1437, Dated at Rockville, Maryland, this 23rd day Boulevard, Suite 755, Arlington, VA regarding the renewal of operating of February, 2004. 22230. Telephone: 703/292–8030. license NPF–12 for Virgil C. Summer

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For the Nuclear Regulatory Commission. Week of March 15, 2004—Tentative Dated: February 26, 2004. Pao Tsin Kuo, Dave Gamberoni, Program Director, License Renewal and There are no meetings scheduled for Office of the Secretary. the Week of March 15, 2004. Environmental Impacts Program, Division of [FR Doc. 04–4670 Filed 2–27–04; 9:40 am] Regulatory Improvement Programs, Office of Week of March 22, 2004—Tentative BILLING CODE 7590–01–M Nuclear Reactor Regulation. [FR Doc. 04–4574 Filed 3–1–04; 8:45 am] Tuesday, March 23, 2004 BILLING CODE 7590–01–P 9:30 a.m. Briefing on Status of Office NUCLEAR REGULATORY of Nuclear Regulatory Research (RES), COMMISSION Programs, Performance, and Plans NUCLEAR REGULATORY Biweekly Notice; Applications and COMMISSION (Public Meeting) (Contact: Alan Levin, Amendments to Facility Operating 301–415–6656). Licenses Involving No Significant Sunshine Act Meeting This meeting will be webcast live at Hazards Considerations the Web address—www.nrc.gov. AGENCY HOLDING THE MEETING: Nuclear I. Background Regulatory Commission. 1:30 p.m. Briefing on Status of Office of Nuclear Security and Incident Pursuant to section 189a.(2) of the DATE: Weeks of March 1, 8, 15, 22, 29, Response (NSIR) Programs, Atomic Energy Act of 1954, as amended April 5, 2004. Performance, and Plans (Public (the Act), the U.S. Nuclear Regulatory PLACE: Commissioners’ Conference Meeting) (Contact: Jack Davis, 301–415– Commission (the Commission or NRC Room, 11555 Rockville Pike, Rockville, 7256). staff) is publishing this regular biweekly Maryland. notice. The Act requires the This meeting will be webcast live at STATUS: Public and Closed. Commission publish notice of any the Web address—www.nrc.gov. MATTERS TO BE CONSIDERED: amendments issued, or proposed to be 2:30 p.m Discussion of Security issued and grants the Commission the Week of March 1, 2004 Issues (Closed—Ex. 1). authority to issue and make Tuesday, March 2, 2004 Wednesday, March 24, 2004 immediately effective any amendment 9:30 a.m. Meeting with Advisory to an operating license upon a Committee on the Medical Uses of 9:30 a.m. Briefing on Status of Office determination by the Commission that Isotopes, (ACMUI) and NRC Staff of Nuclear Reactor Regulation (NRR), such amendment involves no significant (Public Meeting) (Contact: Angela Programs, Performance, and Plans hazards consideration, notwithstanding Williamson, 301–415–5030). (Public Meeting) (Contact: Mike Case, the pendency before the Commission of This meeting will be webcast live at 301–415–1275). a request for a hearing from any person. the Web address—www.nrc.gov. This meeting will be webcast live at This biweekly notice includes all the Web address—www.nrc.gov. notices of amendments issued, or Wednesday, March 3, 2004 proposed to be issued from, February 5, 9:30 a.m. 25th Anniversary Three Week of March 29, 2004—Tentative 2004, through February 19, 2004. The Mile Island (TMI) Unit 2 Accident There are no meetings scheduled for last biweekly notice was published on Presentation (Public Meeting) (Location: the Week of March 29, 2004. February 17, 2004 (69 FR 7517). TWFN Auditorium, 11545 Rockville Week of April 5, 2004—Tentative Notice of Consideration of Issuance of Pike) (Contact: Sam Walker, 301–415– Amendments to Facility Operating 1965). Licenses, Proposed No Significant This meeting will be webcast live at There are no meetings scheduled for Hazards Consideration Determination, the Web address—www.nrc.gov. the Week of April 5, 2004. 2:45 p.m. Discussion of Security The schedule for Commission and Opportunity for a Hearing Issues (Closed—Ex. 1). meetings is subject to change on short The Commission has made a notice. To verify the status of meetings proposed determination that the Thursday, March 4, 2004 call (recording)—(301) 415–1292. following amendment requests involve 1:30 p.m. Briefing on Status of Contact person for more information: no significant hazards consideration. Office of Nuclear Material Safety and Dave Gamberoni, (301) 415–1651. Under the Commission’s regulations in Safeguards (NMSS) Programs, * * * * * 10 CFR 50.92, this means that operation Performance, and Plans—Waste Safety of the facility in accordance with the The NRC Commission Meeting (Public Meeting) (Contact: Claudia proposed amendment would not (1) Schedule can be found on the Internet Seelig, 301–415–7243). involve a significant increase in the at www.nrc.gov/what-we-do/policy- This meeting will be webcast live at probability or consequences of an making/schedule.html the Web address—www.nrc.gov. accident previously evaluated; or (2) * * * * * Week of March 8, 2004—Tentative create the possibility of a new or This notice is distributed by mail to different kind of accident from any Tuesday, March 9, 2004 several hundred subscribers; if you no accident previously evaluated; or (3) 9:30 a.m. Briefing on Status of Office longer wish to receive it, or would like involve a significant reduction in a of Nuclear Material Safety and to be added to the distribution, please margin of safety. The basis for this Safeguards (NMSS) Programs, contact the Office of the Secretary, proposed determination for each Performance, and Plans—Material Washington, DC 20555 (301–415–1969). amendment request is shown below. Safety (Public Meeting) (Contact: In addition, distribution of this meeting The Commission is seeking public Claudia Seelig, 301–415–7243). notice over the Internet system is comments on this proposed This meeting will be webcast live at available. If you are interested in determination. Any comments received the Web address—www.nrc.gov. receiving this Commission meeting within 30 days after the date of 1:30 p.m. Discussion of Security schedule electronically, please send an publication of this notice will be Issues (Closed—Ex. 1). electronic message to [email protected]. considered in making any final

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determination. Within 60 days after the for a hearing and a petition for leave to which the petitioner is aware and on date of publication of this notice, the intervene. Requests for a hearing and a which the petitioner/requestor intends licensee may file a request for a hearing petition for leave to intervene shall be to rely to establish those facts or expert with respect to issuance of the filed in accordance with the opinion. The petition must include amendment to the subject facility Commission’s ‘‘Rules of Practice for sufficient information to show that a operating license and any person whose Domestic Licensing Proceedings’’ in 10 genuine dispute exists with the interest may be affected by this CFR part 2. Interested persons should applicant on a material issue of law or proceeding and who wishes to consult a current copy of 10 CFR 2.309, fact. Contentions shall be limited to participate as a party in the proceeding which is available at the Commission’s matters within the scope of the must file a written request for a hearing PDR, located at One White Flint North, amendment under consideration. The and a petition for leave to intervene. Public File Area 01F21, 11555 Rockville contention must be one which, if Normally, the Commission will not Pike (first floor), Rockville, Maryland. proven, would entitle the petitioner/ issue the amendment until the Publicly available records will be requestor to relief. A petitioner/ expiration of 60 days after the date of accessible from the Agencywide requestor who fails to file such a publication of this notice. The Documents Access and Management supplement which satisfies these Commission may issue the license System’s (ADAMS) Public Electronic requirements with respect to at least one amendment before expiration of the 60- Reading Room on the Internet at the contention will not be permitted to day period provided that its final NRC Web site, http://www.nrc.gov/ participate as a party. determination is that the amendment reading-rm/doc-collections/cfr/. If a Those permitted to intervene become involves no significant hazards request for a hearing or petition for parties to the proceeding, subject to any consideration. In addition, the leave to intervene is filed by the above limitations in the order granting leave to Commission may issue the amendment date, the Commission or a presiding intervene, and have the opportunity to prior to the expiration of the 30-day officer designated by the Commission or participate fully in the conduct of the comment period should circumstances by the Chief Administrative Judge of the hearing. change during the 30-day comment Atomic Safety and Licensing Board If a hearing is requested, and the period such that failure to act in a Panel, will rule on the request and/or Commission has not made a final timely way would result, for example in petition; and the Secretary or the Chief determination on the issue of no derating or shutdown of the facility. Administrative Judge of the Atomic significant hazards consideration, the Should the Commission take action Safety and Licensing Board will issue a Commission will make a final prior to the expiration of either the notice of a hearing or an appropriate determination on the issue of no comment period or the notice period, it order. significant hazards consideration. The will publish in the Federal Register a As required by 10 CFR 2.309, a final determination will serve to decide notice of issuance. Should the petition for leave to intervene shall set when the hearing is held. If the final Commission make a final No Significant forth with particularity the interest of determination is that the amendment Hazards Consideration Determination, the petitioner in the proceeding, and request involves no significant hazards any hearing will take place after how that interest may be affected by the consideration, the Commission may issuance. The Commission expects that results of the proceeding. The petition issue the amendment and make it the need to take this action will occur should specifically explain the reasons immediately effective, notwithstanding very infrequently. why intervention should be permitted the request for a hearing. Any hearing Written comments may be submitted with particular reference to the held would take place after issuance of by mail to the Chief, Rules and following general requirements: (1) The the amendment. If the final Directives Branch, Division of name, address and telephone number of determination is that the amendment Administrative Services, Office of the requestor or petitioner; (2) the request involves a significant hazards Administration, U.S. Nuclear Regulatory nature of the requestor’s/petitioner’s consideration, any hearing held would Commission, Washington, DC 20555– right under the Act to be made a party take place before the issuance of any 0001, and should cite the publication to the proceeding; (3) the nature and amendment. date and page number of this Federal extent of the requestor’s/petitioner’s A request for a hearing or a petition Register notice. Written comments may property, financial, or other interest in for leave to intervene must be filed by: also be delivered to Room 6D22, Two the proceeding; and (4) the possible (1) First class mail addressed to the White Flint North, 11545 Rockville effect of any decision or order which Office of the Secretary of the Pike, Rockville, Maryland, from 7:30 may be entered in the proceeding on the Commission, U.S. Nuclear Regulatory a.m. to 4:15 p.m. Federal workdays. requestor’s/petitioner’s interest. The Commission, Washington, DC 20555– Copies of written comments received petition must also set forth the specific 0001, Attention: Rulemaking and may be examined at the Commission’s contentions which the petitioner/ Adjudications Staff; (2) courier, express Public Document Room (PDR), located requestor seeks to have litigated at the mail, and expedited delivery services: at One White Flint North, Public File proceeding. Office of the Secretary, Sixteenth Floor, Area O1F21, 11555 Rockville Pike (first Each contention must consist of a One White Flint North, 11555 Rockville floor), Rockville, Maryland. The filing of specific statement of the issue of law or Pike, Rockville, Maryland, 20852, requests for a hearing and petitions for fact to be raised or controverted. In Attention: Rulemaking and leave to intervene is discussed below. addition, the petitioner/requestor shall Adjudications Staff; (3) E-mail Within 60 days after the date of provide a brief explanation of the bases addressed to the Office of the Secretary, publication of this notice, the licensee for the contention and a concise U.S. Nuclear Regulatory Commission, may file a request for a hearing with statement of the alleged facts or expert [email protected] or (4) respect to issuance of the amendment to opinion which support the contention facsimile transmission addressed to the the subject facility operating license and and on which the petitioner/requestor Office of the Secretary, U.S. Nuclear any person whose interest may be intends to rely in proving the contention Regulatory Commission, Washington, affected by this proceeding and who at the hearing. The petitioner/requestor DC, Attention: Rulemakings and wishes to participate as a party in the must also provide references to those Adjudications Staff at (301) 415–1101, proceeding must file a written request specific sources and documents of verification number is (301) 415–1966.

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A copy of the request for hearing and hazards consideration, which is megawatt thermal (MWt) to 3216 MWt. petition for leave to intervene should presented below: This represents a nominal increase of also be sent to the Office of the General 1. The proposed change does not involve 3.26% rated thermal power. Basis for Counsel, U.S. Nuclear Regulatory a significant increase in the probability or proposed no significant hazards Commission, Washington, DC 20555– consequences of an accident previously consideration determination: As 0001, and it is requested that copies be evaluated. required by 10 CFR 50.91(a), the transmitted either by means of facsimile The proposed changes are administrative licensee has provided its analysis of the transmission to 301–415–3725 or by in nature and would merely conform the issue of no significant hazards email to [email protected]. A facility operating licenses to reflect the consideration, which is presented copy of the request for hearing and current ownership structure of AmerGen. No below: petition for leave to intervene should actual plant equipment or accident analyses will be affected by the proposed changes. 1. Does the proposed change involve a also be sent to the attorney for the Therefore, the proposed changes do not significant increase in the probability or licensee. involve a significant increase in the consequences of an accident previously Nontimely requests and/or petitions probability or consequences of an accident evaluated? and contentions will not be entertained previously evaluated. Response: No. absent a determination by the 2. The proposed change does not create the The evaluations and analyses associated Commission or the presiding officer of possibility of a new or different kind of with this proposed change to core power the Atomic Safety and Licensing Board accident from any accident previously level have demonstrated that all applicable that the petition, request and/or the evaluated. acceptance criteria for plant systems, The proposed changes are administrative components, and analyses (including the contentions should be granted based on Final Safety Analysis Report Chapter 14 a balancing of the factors specified in 10 in nature and would merely conform the facility operating licenses to reflect the safety analyses) will continue to be met for CFR 2.309(a)(1)(i)–(viii). the proposed increase in licensed core For further details with respect to this current ownership structure of AmerGen. No actual plant equipment or accident analyses thermal power for IP2. The subject increase action, see the application for will be affected by the proposed changes and in core thermal power will not result in amendment which is available for no failure modes not bounded by previously conditions that could adversely affect the public inspection at the Commission’s evaluated accidents will be created. integrity (material, design, and construction PDR, located at One White Flint North, Therefore, the proposed changes do not standards) or the operational performance of Public File Area 01F21, 11555 Rockville create the possibility of a new or different any potentially affected system, component Pike (first floor), Rockville, Maryland. kind of accident from any accident or analysis. Therefore, the probability of an accident previously evaluated is not affected Publicly available records will be previously evaluated. 3. The proposed change does not involve by this change. The subject increase in core accessible from the Agencywide thermal power will not adversely affect the Documents Access and Management a significant reduction in a margin of safety. The proposed change is administrative in ability of any safety-related system to meet its System’s (ADAMS) Public Electronic intended safety function. Further, the nature and would merely conform the facility radiological dose evaluations in support of Reading Room on the Internet at the operating licenses to reflect the current this power uprate effort show all acceptance NRC Web site, http://www.nrc.gov/ ownership structure of AmerGen. No actual criteria are met. reading-rm/adams.html. If you do not plant equipment or accident analyses will be Therefore, the proposed change does not have access to ADAMS or if there are affected by the proposed changes. involve a significant increase in the problems in accessing the documents Additionally, the proposed changes will not probability or consequences of an accident relax any criteria used to establish safety located in ADAMS, contact the NRC previously evaluated. limits, will not relax any safety system PDR Reference staff at 1–800–397–4209, 2. Does the proposed change create the settings, or will not relax the bases for any 301–415–4737 or by email to possibility of a new or different kind of [email protected]. limiting conditions for operation. Therefore, accident from any accident previously the proposed changes do not involve a evaluated? AmerGen Energy Company, LLC, Docket significant reduction in any margin of safety. Response: No. No. 50–461, Clinton Power Station, Unit The NRC staff has reviewed the The evaluations of this proposed 1, DeWitt County, Illinois, Docket No. licensee’s analysis and, based on this amendment show that all applicable 50–219, Oyster Creek Generating review, it appears that the three acceptance criteria for plant systems, Station, Ocean County, New Jersey, standards of 10 CFR 50.92(c) are components, and analyses (including FSAR Three Mile Island Nuclear Station, Unit [final safety analysis report] Chapter 14 safety satisfied. Therefore, the NRC staff analyses) will continue to be met for the 1 (TMI–1), Dauphin County, proposes to determine that the Pennsylvania proposed power increase in IP2 licensed core amendment request involves no thermal power. The subject increase in core Date of amendment request: January significant hazards consideration. thermal power will not result in conditions 30, 2004. Attorney for licensee: Edward J. that could adversely affect the integrity Description of amendment request: Cullen, Jr., Esquire, Vice President, (material, design, and construction The licensee proposes to revise the General Counsel and Secretary, Exelon standards) or operational performance of any operating licenses to reflect the current Generation Company, LLC, 300 Exelon potentially affected system, component, or 100% ownership of AmerGen by Exelon analyses. The subject increase in core Way, Kennett Square, PA 19348. thermal power will not adversely affect the Generation Company. In particular, the NRC Section Chief: Richard J. Laufer. ability of any safety-related system to meet its proposed amendments will remove Entergy Nuclear Operations, Docket No. safety function. Furthermore, the conditions PECO and British Energy from the and changes associated with the subject licenses, and will remove certain license 50–247, Indian Point Nuclear increase in core thermal power will neither conditions in their entirety which were Generating Unit No. 2 (IP2), Westchester cause initiation of any accident, nor create imposed to acknowledge the indirect County, New York any new credible limiting single failure. The foreign ownership in AmerGen by Date of amendment request: January power uprate does not result in changing the British Energy plc. Basis for proposed 29, 2004. status of events previously deemed to be non- credible being made credible. Additionally, no significant hazards consideration Description of amendment request: no new operating modes are proposed for the determination: As required by 10 CFR The proposed amendment would plant as a result of this requested change. 50.91(a), the licensee has provided its increase the maximum authorized Therefore, the subject increase in core analysis of the issue of no significant reactor core power level from 3114.4 thermal power level will not create the

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possibility of a new or different kind of accidents or pressurizer transients discussed Exelon Generation Company, LLC, and accident from any accident previously in the ANO–2 SAR [Safety Analysis Report]. PSEG Nuclear LLC, Docket No. 50–277, evaluated. Therefore, the probability of an accident is Peach Bottom Atomic Power Station, 3. Does the proposed change involve a not changed. Unit 2, York and Lancaster Counties, significant reduction in a margin of safety? The purpose of the pressurizer heatup and Pennsylvania Response: No. cooldown limits is to ensure that given The evaluations associated with this transient events will not negatively affect the Date of application for amendment: proposed change show that all applicable February 12, 2004. acceptance criteria for plant systems, pressurizer structural integrity beyond Code components, and analyses (including FSAR [American Society of Mechanical Engineers Description of amendment request: Chapter 14 safety analyses) will continue to (ASME) Boiler and Pressure Vessel Code] The proposed amendment would revise be met for this proposed increase in IP2 allowables. These limits will be maintained technical specification (TS) Table licensed core thermal power. The subject within ASME Code allowables in a licensee 3.3.6.1–1, ‘‘Primary Containment increase in core thermal power will not result controlled document in accordance with 10 Isolation Instrumentation,’’ to increase in conditions that could adversely affect the CFR 50.59. Therefore, the consequences of an the TS Allowable Value (AV) related to integrity (material, design, and construction accident are not increased. the setpoint for the Main Steam Tunnel standards) or operational performance of any Therefore, the proposed change does not Temperature—High system isolation potentially affected system, component, or involve a significant increase in the analysis. The subject power uprate will not function for those instruments located probability or consequences of an accident adversely affect the ability of any safety- within the Reactor Building. A new related system to meet its intended safety previously evaluated. Function, 1.f, would be added to function. 2. Does the proposed change create the represent the Reactor Building Main Therefore, the subject increase in core possibility of a new or different kind of Steam Tunnel Temperature—High. thermal power will not involve a significant accident from any accident previously Existing Function 1.e would be renamed evaluated? reduction in [a] margin of safety. to clarify that it represents only the Response: No. The NRC staff has reviewed the The limitations imposed on the pressurizer Turbine Building Main Steam Tunnel licensee’s analysis and, based on this heatup and cooldown rates are provided to Temperature—High. review, it appears that the three assure that the pressurizer is operated within Basis for proposed no significant standards of 10 CFR 50.92(c) are the design criteria assumed for the flaw hazards consideration determination: satisfied. Therefore, the NRC staff evaluation and fatigue analysis performed in As required by 10 CFR 50.91(a), the proposes to determine that the accordance with the ASME Code Section XI, licensee has provided its analysis of the amendment request involves no subsection IWB–3600 requirements. The issue of no significant hazards significant hazards consideration. ANO–2 SAR has analyzed the conditions that consideration, which is presented Attorney for licensee: Mr. John Fulton, would result from a thermal or pressurization below: Assistant General Counsel, Entergy transient on the ANO–2 pressurizer. The Nuclear Operations, Inc., 440 Hamilton 1. Does the proposed change involve a proposed deletion of the pressurizer heatup significant increase in the probability or Avenue, White Plains, NY 10601. and cooldown rates and relocation of the consequences of an accident previously NRC Section Chief: Richard J. Laufer. limits to a licensee controlled document does evaluated? Entergy Operations, Inc., Docket No. 50– not change the way that the pressurizer is Response: No. 368, Arkansas Nuclear One, Unit No. 2, designed or operated. The leak detection instrumentation Pope County, Arkansas Therefore, the proposed change does not associated with the proposed amendment is create the possibility of a new or different designed to detect Main Steam Line leakage Date of amendment request: February kind of accident from any previously in the range of one to ten percent of rated 9, 2004. evaluated. steam flow. This design basis remains Description of amendment request: 3. Does the proposed change involve a unchanged. This ensures that the criteria for The proposed amendment would significant reduction in a margin of safety? acceptance as established in the original remove the pressurizer heatup and Response: No. licensing bases remains valid. The previous cooldown limits, and the associated The margin of safety is established by the analysis for establishing the allowable value for Main Steam Line Tunnel High rules contained in the ASME Section III action and surveillance requirements, temperature in the Reactor Building can be from the Technical Specifications and Code. Any future changes to the cooldown or improved using industry standard, state of place them in a licensee controlled heatup rates will be evaluated using 10 CFR the art computer modeling techniques. The document. 50.59, ‘‘Changes, Tests and Experiments,’’ new analysis using the GOTHIC computer Basis for proposed no significant and are required to meet the ASME Code code is appropriate because it accurately hazards consideration determination: margins. accounts for the building heat structures, As required by 10 CFR 50.91(a), the Therefore, the proposed change does not HVAC effects, and outside air temperatures. licensee has provided its analysis of the involve a significant reduction in a margin of The proposed change increases the operating issue of no significant hazards safety. margin, which reduces the potential for consideration, which is presented unnecessary plant transients. Raising the The NRC staff has reviewed the setpoint causes a greater time to detect the below: licensee’s analysis and, based on this leak, but remains bounded by existing 1. Does the proposed change involve a review, it appears that the three analysis for the design basis break of the significant increase in the probability or standards of 10 CFR 50.92(c) are main steam line documented in Table 14.9.8 consequences of an accident previously satisfied. Therefore, the NRC staff of the Peach Bottom [Updated Final Safety evaluated? proposes to determine that the Analysis Report] UFSAR. There are no Response: No. impacts on equipment qualification. Changes The probability of an accident is amendment request involves no to the instrumentation used to detect a steam unchanged as a result of the proposed change significant hazards consideration. line leak do not affect the probability of to delete the ANO–2 [Arkansas Nuclear One, Attorney for licensee: Nicholas S. occurrence of the leak. Hence, it is concluded Unit 2] pressurizer heatup and cooldown Reynolds, Esquire, Winston and Strawn, that raising the allowable value for Reactor rates and associated action, surveillance 1400 L Street, NW., Washington, DC Building Main Steam Tunnel high requirement, and bases from the TS temperature does not significantly increase [Technical Specification]. The cooldown and 20005–3502. the probability or consequences of an heatup rates are not initiators to any NRC Section Chief: Robert A. Gramm. accident previously evaluated.

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2. Does the proposed change create the update the Technical Specifications Protection Plan to provide consistency and possibility of a new or different kind of (TSs) to correct a non-conservatism in a facilitate ease of use. The proposed changes accident from any accident previously TS Table, correct a reference error, do not modify the facility nor do they affect evaluated? update titles, incorporate formatting the plant’s response to normal, transient or Response: No. accident conditions. The changes do not The proposed amendment does not impact changes to increase ease of use, and introduce a new mode of plant operation. the physical design or location of the remove a permit issuance date to ease The changes do not affect plant safety. The associated leak detection instrumentation. administrative burden. plant’s design and design basis are not The leak detection instrumentation Basis for proposed no significant revised and the current safety analyses associated with the proposed amendment hazards consideration determination: remain in effect. will continue to detect main steam line As required by Title 10 of the Code of Thus, the proposed changes do not create leakage in the range of one to ten percent of Federal Regulations (10 CFR) Section the possibility of a new or different kind of rated steam flow. The instruments will still 50.91(a), the licensee has provided its accident from any accident previously initiate the automatic isolation of the evaluated. appropriate containment isolation valves to analysis of the issue of no significant hazards consideration, which is 3. The propose changes do not involve a mitigate steam leakage as credited in the significant reduction in the margin of safety. original licensing bases. This proposed presented below: The proposed changes are editorial amendment is associated only with the 1. The proposed changes do not involve a changes to the Seabrook Station Technical results of a main steam line leak in the significant increase in the probability or Specifications and Environmental Protection Reactor Building portion of the Main Steam consequences of an accident previously Plan. The safety margins established through Tunnel and has no impact on the initiation evaluated. Limiting Conditions for Operation, Limiting of this leak. Therefore, the proposed The proposed changes do not adversely Safety System Settings and Safety Limits as amendment does not create the possibility of affect accident initiators or precursors nor specified in the Technical Specifications are a new or different kind of accident from any alter the design assumptions, conditions, and not revised nor is the plant design or its accident previously evaluated. configuration of the facility or the manner in method of operation revised by the proposed 3. Does the proposed change involve a which the plant is operated and maintained. changes. significant reduction in a margin of safety? In addition, the proposed changes do not Thus, it is concluded that the proposed Response: No. affect the manner in which the plant changes do not involve a significant Steam leaks in the affected area of the responds in normal operation, transient or reduction in a margin of safety. Reactor Building will be detected on a timely accident conditions nor do they change any basis so that the Group 1 Primary of the procedures related to operation of the The NRC staff has reviewed the Containment Isolation Valves are promptly plant. The proposed changes do not alter or licensee’s analysis, and based on this closed. The analysis performed for the prevent the ability of structures, systems and review, it appears that the three proposed amendment demonstrates that the components (SSCs) to perform their intended standards of 10 CFR 50.92(c) are appropriate instruments will promptly function to mitigate the consequences of an satisfied. Therefore, the NRC staff initiate automatic system isolation upon initiating event within the acceptance limits proposes to determine that the sensing a temperature in excess of the new assumed in the Updated Final Safety setpoint. Therefore, the proposed amendment amendment request involves no Analysis Report (UFSAR). The proposed significant hazards consideration. ensures that the criteria for acceptance as changes are editorial in nature and only established in the original licensing bases correct, update and modify the Technical Attorney for licensee: M.S. Ross, remain valid. Further, the proposed Specifications and Environmental Protection Florida Power & Light Company, P.O. amendment eliminates a potential cause for Plan. Box 14000, Juno Beach, FL 33408–0420. unnecessary plant shutdowns created by The proposed changes do not affect the Acting NRC Section Chief: Darrell J. conditions other than a main steam line leak. source term, containment isolation or Roberts. Equipment qualification and structural radiological release assumptions used in integrity of systems, structures, and evaluating the radiological consequences of Nebraska Public Power District, Docket components located within the Reactor an accident previously evaluated in the No. 50–298, Cooper Nuclear Station, Building are not affected by the proposed Seabrook Station UFSAR. Further, the Nemaha County, Nebraska amendment. Therefore, the proposed proposed changes do not increase the types amendment does not involve a significant Date of amendment request: and amounts of radioactive effluent that may December 9, 2003. reduction in the margin of safety. be released offsite, and do not significantly The NRC staff has reviewed the increase individual or cumulative Description of amendment request: licensee’s analysis and, based on this occupational/public radiation exposures. The proposed amendment request review, it appears that the three Based on the above, the proposed changes would: (1) Incorporate into the Updated standards of 10 CFR 50.92(c) are will not significantly increase the probability Safety Analysis Report the overall Main satisfied. Therefore, the NRC staff or consequences of an accident previously Steam Isolation Valve (MSIV) Leakage evaluated. proposes to determine that the Pathway configuration (including the 2. The proposed changes do not create the post-accident manual actions necessary amendment request involves no possibility of a new or different kind of significant hazards consideration. to establish that configuration) upon accident from any previously evaluated. Nuclear Regulatory Commission (NRC) Attorney for Licensee: Mr. Edward The proposed changes do not change the Cullen, Vice President and General operation or the design basis of any plant approval, (2) incorporate into the Counsel, Exelon Generation Company, system or component during normal or Cooper Nuclear Station (CNS) licensing LLC, 2301 Market Street, S23–1, accident conditions. The proposed changes basis the loss-of-coolant accident Philadelphia, PA 19101. do not include any physical changes to the (LOCA) dose calculation methodology NRC Acting Section Chief: Darrell J. plant. In addition, the proposed changes do (currently approved on an interim basis) Roberts. not change the function or operation of plant upon permanent approval by the NRC, equipment or introduce any new failure and (3) delete License Condition 2.C.(6), FPL Energy Seabrook, LLC, Docket No. mechanisms. The plant equipment will eliminating the commitment to provide 50–443, Seabrook Station, Unit No. 1, continue to respond per the design and potassium iodide to the control room Rockingham County, New Hampshire analyses and there will not be a malfunction of a new or different type introduced by the occupants during LOCA conditions with Date of amendment request: February proposed changes. core damage. 4, 2004. The proposed changes are editorial in Basis for proposed no significant Description of amendment request: nature and only update Seabrook Station hazards consideration determination: This amendment request proposes to Technical Specifications and Environmental As required by 10 CFR 50.91(a), the

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licensee has provided its analysis of the margins due to crediting this configuration Plant and Environs Conditions During issue of no significant hazards are bounded by the NRC Safety Evaluation and Following an Accident.’’ consideration, which is presented conclusions on this methodology. Using the Implementation of these upgrades was below: MSIV leakage assumed in the LOCA analysis an outcome of the lessons learned from and conservative assumptions, there is 1. Does the proposed change involve a sufficient time for the CNS personnel to take the accident that occurred at TMI, Unit significant increase in the probability or the simple actions necessary to configure the 2. Requirements related to combustible consequences of an accident previously pathway, and thereby assure that the gas control were imposed by Order for evaluated? radiological consequences are bounded by many facilities and were added to or Response: No the LOCA dose calculation methodology included in the TS for nuclear power The ALT [alternate leakage treatment] results. Accordingly, there is no significant reactors currently licensed to operate. pathway was determined using the NRC- reduction in safety margin. The revised 10 CFR 50.44, ‘‘Standards endorsed method described in Reference 7.3 The LOCA dose calculation methodology is for Combustible Gas Control System in [NEDC–31858P–A Class III, August 1999, already approved on an interim basis, as ‘‘BWROG [Boiling Water Reactor Owners documented in Reference 7.1. As there are no Light-Water-Cooled Power Reactors,’’ Group] Report for Increasing MSIV Leakage technical issues to resolve, the effects of eliminated the requirements for Rate Limits and Elimination of Leakage permanent approval on the [] [margin of hydrogen recombiners and relaxed Control Systems’’]. The proposed manual safety] are bounded by the previous safety safety classifications and licensee actions to establish that configuration are conclusions of License Amendment 196. commitments to certain design and designed to assure that MSIV leakage The deletion of License Condition 2.C.(6), qualification criteria for hydrogen and resulting after a LOCA with core damage will following implementation of the seismic oxygen monitors. reach the Main Turbine Condenser via a evaluation and permanent approval of the The NRC staff issued a notice of pathway that has been evaluated as being LOCA dose calculation methodology, is an availability of a model no significant seismically robust. The LOCA dose administrative change to the CNS Operating hazards consideration determination for calculation methodology assumes this License. Therefore, there are no associated leakage reaches the turbine condenser effects on safety margins. referencing in license amendment complex. The manual actions are simple to applications in the Federal Register on perform and there are no concerns for The NRC staff has reviewed the September 25, 2003 (68 FR 55416). The personnel safety in carrying out these actions licensee’s analysis and, based on this licensee affirmed the applicability of the within the timeframes established. review, it appears that the three model NSHC determination in its Accordingly, there is no significant increase standards of 10 CFR 50.92(c) are application dated January 30, 2004. in probability or consequences of a satisfied. Therefore, the NRC staff Basis for proposed no significant previously evaluated accident. proposes to determine that the hazards consideration determination: The LOCA dose calculation methodology is amendment request involves no As required by 10 CFR 50.91(a), an already approved on an interim basis, as significant hazards consideration. documented in Reference 7.1 [letter to C. analysis of the issue of no significant Attorney for licensee: Mr. John R. hazards consideration is presented Warren (NPPD) [Nuclear Public Power McPhail, Nebraska Public Power District] from U.S. Nuclear Regulatory below: District, Post Office Box 499, Columbus, Commission dated February 21, 2003, Criterion 1—The Proposed Change Does Not ‘‘Cooper Nuclear Station—Issuance of NE 68602–0499. Involve a Significant Increase in the Amendment Regarding Design Basis NRC Section Chief: Robert A. Gramm. Probability or Consequences of an Accident Accidents’’ Radiological Dose Assessment Nuclear Management Company, LLC, Previously Evaluated Methodologies, and Revision to License Docket No. 50–331, Duane Arnold The revised 10 CFR 50.44 no longer defines Condition 2.C.(6) (TAC No. MB4654)’’]. As Energy Center, Linn County, Iowa; a design-basis loss-of-coolant accident there are no technical issues to resolve, the (LOCA) hydrogen release, and eliminates effects of permanent approval on the Docket No. 50–305, Kewaunee Nuclear Power Plant, Kewaunee County, requirements for hydrogen control systems to probability or consequences of an accident mitigate such a release. The installation of are bounded by the previous safety Wisconsin; Docket No. 50–263, hydrogen recombiners and/or vent and purge conclusions of License Amendment 196. Monticello Nuclear Generating Plant, systems required by 10 CFR 50.44(b)(3) was The deletion of License Condition 2.C.(6), Wright County, Minnesota; Docket No. intended to address the limited quantity and following implementation of the seismic 50–255, Palisades Plant, Van Buren rate of hydrogen generation that was evaluation and permanent approval of the County, Michigan; Docket Nos. 50–266 postulated from a design-basis LOCA. The LOCA dose calculation methodology, is an and 50–301, Point Beach Nuclear Plant, Commission has found that this hydrogen administrative change to the CNS Operating release is not risk-significant because the License. Therefore, there are no associated Units 1 and 2, Town of Two Creeks, Manitowoc County, Wisconsin; Docket design-basis LOCA hydrogen release does not effects on the probability or consequences of contribute to the conditional probability of a previously evaluated accidents. Nos. 50–282 and 50–306, Prairie Island large release up to approximately 24 hours 2. Does the proposed change create the Nuclear Generating Plant, Units 1 and after the onset of core damage. In addition, possibility of a new or different kind of 2, Goodhue County, Minnesota these systems were ineffective at mitigating accident from any accident previously Date of amendment request: January hydrogen releases from risk-significant evaluated? accident sequences that could threaten Response: No 30, 2004. Description of amendment request: containment integrity. The proposed changes only involve the With the elimination of the design-basis treatment of the Loss-of-Coolant Accident. The proposed amendment deletes LOCA hydrogen release, hydrogen and No other new or different kinds of accidents requirements in the Technical oxygen monitors are no longer required to can be created by the proposed changes. Specifications (TS) to maintain mitigate design-basis accidents and, 3. Does the proposed change involve a hydrogen recombiners and hydrogen therefore, the hydrogen monitors do not meet significant reduction in a margin of safety? and oxygen monitors. Licensees were the definition of a safety-related component Response: No generally required to implement as defined in 10 CFR 50.2. RG 1.97 Category The LOCA dose calculation methodology upgrades as described in NUREG–0737, 1 is intended for key variables that most credits MSIV leakage plateout in the Main ‘‘Clarification of TMI [Three Mile directly indicate the accomplishment of a Turbine Condenser prior to release to the safety function for design-basis accident Turbine Building. The ALT pathway to the Island] Action Plan Requirements,’’ and events. The hydrogen and oxygen monitors Main Turbine Condenser was determined Regulatory Guide (RG) 1.97, no longer meet the definition of Category 1 using the NRC-endorsed method described in ‘‘Instrumentation for Light-Water- in RG 1.97. As part of the rulemaking to Reference 7.3. Therefore, the effects on safety Cooled Nuclear Power Plants to Assess revise 10 CFR 50.44, the Commission found

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that Category 3, as defined in RG 1.97, is an reactor accidents, results in a neutral impact As required by 10 CFR 50.91(a), the appropriate categorization for the hydrogen to the margin of safety. licensee has provided its analysis of the monitors because the monitors are required The installation of hydrogen recombiners issue of no significant hazards to diagnose the course of beyond design-basis and/or vent and purge systems required by consideration, which is presented accidents. Also, as part of the rulemaking to 10 CFR 50.44(b)(3) was intended to address revise 10 CFR 50.44, the Commission found the limited quantity and rate of hydrogen below: that Category 2, as defined in RG 1.97, is an generation that was postulated from a design- 1. The proposed change does not involve appropriate categorization for the oxygen basis LOCA. The Commission has found that a significant increase in the probability or monitors, because the monitors are required this hydrogen release is not risk-significant consequences of an accident previously to verify the status of the inert containment. because the design-basis LOCA hydrogen evaluated. The regulatory requirements for the release does not contribute to the conditional The proposed change relocates hydrogen and oxygen monitors can be probability of a large release up to requirements for Nuclear Detector Cooling relaxed without degrading the plant approximately 24 hours after the onset of that do not meet the criteria for inclusion in emergency response. The emergency core damage. the TS set forth in 10 CFR 50.36(c)(2)(ii). The response, in this sense, refers to the Category 3 hydrogen monitors are adequate requirements for Nuclear Detector Cooling methodologies used in ascertaining the to provide rapid assessment of current are being relocated from TS to the USAR condition of the reactor core, mitigating the reactor core conditions and the direction of [Updated Safety Analysis Report], which will consequences of an accident, assessing and degradation while effectively responding to be maintained pursuant to 10 CFR 50.59, projecting offsite releases of radioactivity, the event in order to mitigate the thereby reducing the level of regulatory and establishing protective action consequences of the accident. The intent of control. The level of regulatory control has recommendations to be communicated to the requirements established as a result of the no impact on the probability or consequences offsite authorities. Classification of the TMI, Unit 2 accident can be adequately met of an accident previously evaluated. hydrogen monitors as Category 3, without reliance on safety-related hydrogen Therefore, the change does not involve a classification of the oxygen monitors as monitors. Category 2 oxygen monitors are significant increase in the probability or Category 2, and removal of the hydrogen and adequate to verify the status of an inerted consequences of an accident previously oxygen monitors from TS will not prevent an containment. evaluated. The correction of typographical errors and accident management strategy through the Therefore, this change does not involve a relocation of specifications is not an initiator use of the SAMGs, the emergency plan (EP), significant reduction in the margin of safety. of any previously evaluated accident. The the emergency operating procedures (EOP), The intent of the requirements established as proposed changes will not prevent safety and site survey monitoring that support a result of the TMI, Unit 2 accident can be modification of emergency plan protective systems from performing their accident adequately met without reliance on safety- mitigation function as assumed in the safety action recommendations (PARs). related oxygen monitors. Removal of Therefore, the elimination of the hydrogen analysis. hydrogen and oxygen monitoring from TS Therefore, this change does not involve a recombiner requirements and relaxation of will not result in a significant reduction in the hydrogen and oxygen monitor significant increase in the probability or their functionality, reliability, and consequences of any accident previously requirements, including removal of these availability. requirements from TS, does not involve a evaluated. significant increase in the probability or the Based upon the reasoning presented 2. The proposed change does not create the consequences of any accident previously above and the previous discussion of possibility of a new or different kind of evaluated. the amendment request, the requested accident from any accident previously evaluated. Criterion 2—The Proposed Change Does Not change does not involve a significant The proposed change relocates Create the Possibility of a New or Different hazards consideration. requirements for Nuclear Detector Cooling Kind of Accident From Any Previously Attorney for licensee: Jonathan Rogoff, that do not meet the criteria for inclusion in Evaluated Morgan Lewis, 1111 Pennsylvania TS set forth in 10 CFR 50.36(c)(2)(ii). The The elimination of the hydrogen Avenue NW., Washington, DC 20004. proposed change only affects the technical recombiner requirements and relaxation of NRC Section Chief: L. Raghavan. specifications and does not involve a the hydrogen and oxygen monitor physical change to the plant. Modifications requirements, including removal of these Omaha Public Power District, Docket will not be made to existing components nor requirements from TS, will not result in any No. 50–285, Fort Calhoun Station, Unit will any new or different types of equipment failure mode not previously analyzed. The No. 1, Washington County, Nebraska be installed. The proposed change corrects hydrogen recombiner and hydrogen and Date of amendment request: typographical errors and relocates information that is unnecessary in the TS. oxygen monitor equipment was intended to December 1, 2003. mitigate a design-basis hydrogen release. The This change will not alter assumptions made hydrogen recombiner and hydrogen and Description of amendment request: in safety analysis and licensing bases. oxygen monitor equipment are not The proposed changes to the Fort Therefore, this change does not create the considered accident precursors, nor does Calhoun Technical Specifications (TSs) possibility of a new or different kind of their existence or elimination have any consist primarily of typographical accident from any previously evaluated. adverse impact on the pre-accident state of changes and relocation of material not 3. The proposed change does not involve the reactor core or post accident confinement required to be in the TSs. The licensee a significant reduction in a margin of safety. of radionuclides within the containment has proposed changes to the following The proposed change relocates building. TSs: (1) Item 14 of Table 3–3 regarding requirements for Nuclear Detector Cooling that do not meet the criteria for inclusion in Therefore, this change does not create the testing of nuclear detector well cooling possibility of a new or different kind of TS set forth in 10 CFR 50.36(c)(2)(ii). The accident from any previously evaluated. annulus exit air temperature detectors, change will not reduce a margin of safety (2) the title of Item of 10a.2 of Table 3– since the location of a requirement has no Criterion 3—The Proposed Change Does Not 5, (3) TS Section 3.17(5)(ii), (4) TS impact on any safety analysis assumptions. Involve a Significant Reduction in the Margin In addition, the relocated requirements for of Safety Section 5.5, ‘‘Review and Audit,’’ (5) TS Section 5.6, ‘‘Reportable Event Action,’’ Nuclear Detector Cooling remain the same as The elimination of the hydrogen (6) TS Sections 5.7.1.b, 5.7.1.c, and the existing TS. Since any future changes to recombiner requirements and relaxation of 5.7.1.d, (7) TS Section 5.9.1.a, ‘‘Startup these requirements or the surveillance the hydrogen and oxygen monitor procedures will be evaluated per the requirements, including removal of these Report,’’ and (8) TS Section 5.9.4.c, requirements of 10 CFR 50.59, there will be requirements from TS, in light of existing ‘‘Fire Protection Program Deficiency no reduction in a margin of safety. plant equipment, instrumentation, Report.’’ The additional proposed changes correct procedures, and programs that provide Basis for proposed no significant typographical errors and relocate redundant effective mitigation of and recovery from hazards consideration determination: information not required to be in the TS.

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Therefore, this technical specification hazards consideration is presented Criterion 2—The Proposed Change Does Not change does not involve a significant below: Create the Possibility of a New or Different reduction in the margin of safety. Kind of Accident From Any Previously The NRC staff has reviewed the Criterion 1—The Proposed Change Does Not Evaluated licensee’s analysis and, based on this Involve a Significant Increase in the The elimination of the hydrogen Probability or Consequences of an Accident recombiner requirements and relaxation of review, it appears that the three Previously Evaluated standards of 10 CFR 50.92(c) are the hydrogen monitor requirements, satisfied. Therefore, the NRC staff The revised 10 CFR 50.44 no longer defines including removal of these requirements a design-basis loss-of-coolant accident from TS, will not result in any failure mode proposes to determine that the (LOCA) hydrogen release, and eliminates not previously analyzed. The hydrogen amendment request involves no requirements for hydrogen control systems to recombiner and hydrogen monitor equipment significant hazards consideration. mitigate such a release. The installation of was intended to mitigate a design-basis Attorney for licensee: James R. hydrogen recombiners and/or vent and purge hydrogen release. The hydrogen recombiner Curtiss, Esq., Winston & Strawn, 1400 L systems required by 10 CFR 50.44(b)(3) was and hydrogen monitor equipment are not Street, NW., Washington, DC 20005– intended to address the limited quantity and considered accident precursors, nor does 3502. rate of hydrogen generation that was their existence or elimination have any NRC Section Chief: Stephen Dembek. postulated from a design-basis LOCA. The adverse impact on the pre-accident state of Commission has found that this hydrogen the reactor core or post accident confinement Pacific Gas and Electric Company, release is not risk-significant because the of radionuclides within the containment Docket Nos. 50–275 and 50–323, Diablo design-basis LOCA hydrogen release does not building. Canyon Nuclear Power Plant, Unit Nos. contribute to the conditional probability of a Therefore, this change does not create the 1 and 2, San Luis Obispo County, large release up to approximately 24 hours possibility of a new or different kind of California after the onset of core damage. In addition, accident from any previously evaluated. Date of amendment requests: these systems were ineffective at mitigating Criterion 3—The Proposed Change Does Not hydrogen releases from risk-significant December 30, 2003. Involve a Significant Reduction in the Margin accident sequences that could threaten Description of amendment requests: of Safety containment integrity. The elimination of the hydrogen The proposed amendment deletes the With the elimination of the design-basis requirements from the technical recombiner requirements and relaxation of LOCA hydrogen release, hydrogen monitors the hydrogen monitor requirements, specifications (TS) to maintain are no longer required to mitigate design- hydrogen recombiners and hydrogen including removal of these requirements basis accidents and, therefore, the hydrogen from TS, in light of existing plant equipment, monitors. Licensees were generally monitors do not meet the definition of a instrumentation, procedures, and programs required to implement upgrades as safety-related component as defined in 10 that provide effective mitigation of and described in NUREG–0737, CFR 50.2. Category 1 in RG 1.97 is intended recovery from reactor accidents, results in a ‘‘Clarification of TMI [Three Mile for key variables that most directly indicate neutral impact to the margin of safety. Island] Action Plan Requirements,’’ and the accomplishment of a safety function for The installation of hydrogen recombiners Regulatory Guide (RG) 1.97, design-basis accident events. The hydrogen and/or vent and purge systems required by monitors no longer meet the definition of ‘‘Instrumentation for Light-Water- 10 CFR 50.44(b)(3) was intended to address Category 1 in RG 1.97. As part of the the limited quantity and rate of hydrogen Cooled Nuclear Power Plants to Assess rulemaking to revise 10 CFR 50.44 the Plant and Environs Conditions During generation that was postulated from a design- Commission found that Category 3, as basis LOCA. The Commission has found that and Following an Accident.’’ defined in RG 1.97, is an appropriate this hydrogen release is not risk-significant Implementation of these upgrades was categorization for the hydrogen monitors because the design-basis LOCA hydrogen an outcome of the lessons learned from because the monitors are required to release does not contribute to the conditional the accident that occurred at TMI Unit diagnose the course of beyond design-basis probability of a large release up to 2. Requirements related to combustible accidents. approximately 24 hours after the onset of gas control were imposed by Order for The regulatory requirements for the core damage. many facilities and were added to or hydrogen monitors can be relaxed without Category 3 hydrogen monitors are adequate degrading the plant emergency response. The to provide rapid assessment of current included in the TS for nuclear power emergency response, in this sense, refers to reactors currently licensed to operate. reactor core conditions and the direction of the methodologies used in ascertaining the degradation while effectively responding to The revised 10 CFR 50.44, ‘‘Standards condition of the reactor core, mitigating the the event in order to mitigate the for Combustible Gas Control System in consequences of an accident, assessing and consequences of the accident. The intent of Light-Water-Cooled Power Reactors,’’ projecting offsite releases of radioactivity, the requirements established as a result of the eliminated the requirements for and establishing protective action TMI Unit 2 accident can be adequately met hydrogen recombiners and relaxed recommendations to be communicated to without reliance on safety-related hydrogen safety classifications and licensee offsite authorities. Classification of the monitors. commitments to certain design and hydrogen monitors as Category 3, and Therefore, this change does not involve a removal of the hydrogen monitors from TS significant reduction in the margin of safety. qualification criteria for hydrogen and will not prevent an accident management oxygen monitors. Removal of hydrogen monitoring from TS strategy through the use of the severe will not result in a significant reduction in The NRC staff issued a notice of accident management guidelines (SAMGs), their functionality, reliability, and availability of a model no significant the emergency plan (EP), the emergency availability. hazards consideration determination for operating procedures (EOP), and site survey referencing in license amendment monitoring that support modification of Based upon the reasoning presented applications in the Federal Register on emergency plan protective action above and the previous discussion of September 25, 2003 (68 FR 55416). The recommendations (PARs). the amendment request, the requested licensee affirmed the applicability of the Therefore, the elimination of the hydrogen change does not involve a significant recombiner requirements and relaxation of model NSHC determination in its hazards consideration. the hydrogen monitor requirements, Attorney for licensee: Richard F. application dated December 30, 2003. including removal of these requirements Basis for proposed no significant from TS, does not involve a significant Locke, Esq., Pacific Gas and Electric hazards consideration determination: increase in the probability or the Company, P.O. Box 7442, San As required by 10 CFR 50.91(a), an consequences of any accident previously Francisco, California 94120. analysis of the issue of no significant evaluated. NRC Section Chief: Stephen Dembek.

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Southern Nuclear Operating Company, SRO for the individual responsible for Basis for proposed no significant Inc., Georgia Power Company, control room command function will also hazards consideration determination: Oglethorpe Power Corporation, reduce the regulatory burden of having to As required by 10 CFR 50.91(a), an Municipal Electric Authority of Georgia, devote limited resources to process a license analysis of the issue of no significant amendment whenever a title change for this City of Dalton, Georgia, Docket Nos. 50– position is implemented, thus improving hazards consideration is presented 321 and 50–366, Edwin I. Hatch Nuclear plant efficiency. Therefore, the proposed below: Plant, Units 1 and 2, Appling County, change does not invoice a significant Criterion 1—The Proposed Change Does Not Georgia decrease in the margin of safety. Involve a Significant Increase in the Date of application for amendments: Probability or Consequences of an Accident The NRC staff has reviewed the Previously Evaluated December 30, 2003. licensee’s analysis and, based on this Brief description of amendments: The review, it appears that the three The proposed change allows entry into a mode or other specified condition in the amendment revised the Administrative standards of 10 CFR 50.92(c) are Controls Section 5.1.5 to state any applicability of a TS, while in a TS condition satisfied. Therefore, the NRC staff statement and the associated required actions Senior Reactor Operator may be proposes to determine that the of the TS. Being in a TS condition and the designated to be responsible for the amendment request involves no associated required actions is not an initiator control room command function. significant hazards consideration. of any accident previously evaluated. Basis for proposed no significant Attorney for licensee: Ernest L. Blake, Therefore, the probability of an accident hazards consideration determination: Jr., Esquire, Shaw, Pittman, Potts and previously evaluated is not significantly As required by 10 CFR 50.92(c), the Trowbridge, 2300 N Street, NW., increased. The consequences of an accident while relying on required actions as allowed licensee has provided its analysis of the Washington, DC 20037. issue of no significant hazards by proposed LCO 3.0.4, are no different than NRC Section Chief: John A. Nakoski. the consequences of an accident while consideration, which is presented STP Nuclear Operating Company, entering and relying on the required actions below: while starting in a condition of applicability Docket Nos. 50–498 and 50–499, South of the TS. Therefore, the consequences of an 1. Does the proposed change involve a Texas Project, Units 1 and 2, Matagorda significant increase in the probability or accident previously evaluated are not consequences of an accident previously County, Texas significantly affected by this change. The evaluated? Date of amendment request: February addition of a requirement to assess and The proposed change to Technical 3, 2004. manage the risk introduced by this change Specifications Administrative Controls will further minimize possible concerns. Description of amendment request: Therefore, this change does not involve a Section 5.1.5, involves the use of a more The proposed change allows entry into generic designation of SRO [Senior Reactor significant increase in the probability or Operator] for the unit staff position a mode or other specified condition in consequences of an accident previously responsible for the control room command the applicability of a technical evaluated. function. Since the proposed change is specification (TS), while in a condition Criterion 2—The Proposed Change Does Not administrative in nature, it does not involve statement and the associated required Create the Possibility of a New or Different any physical changes to any structures, actions of the TS, provided the licensee Kind of Accident From Any Previously systems, or components, nor will their performs a risk assessment and manages Evaluated performance requirements be altered. The risk consistent with the program in The proposed change does not involve a proposed change also does not affect the place for complying with the physical alteration of the plant (no new or operation, maintenance, or testing of the different type of equipment will be installed). plant. Therefore, the response of the plant to requirements of Title 10 of the Code of Entering into a mode or other specified previously analyzed accidents will not be Federal Regulations (10 CFR), Part 50, condition in the applicability of a TS, while affected. Consequently, the proposed change Section 50.65(a)(4). Limiting Condition in a TS condition statement and the does not involve a significant increase in the for Operation (LCO) 3.0.4 exceptions in associated required actions of the TS, will probability or consequences of an accident individual TSs would be eliminated, not introduce new failure modes or effects previously evaluated. several notes or specific exceptions are and will not, in the absence of other 2. Does the proposed change create the revised to reflect the related changes to unrelated failures, lead to an accident whose possibility of a new or different kind of LCO 3.0.4, and Surveillance consequences exceed the consequences of accident from any previously evaluated? accidents previously evaluated. The addition As a result of the proposed change to the Requirement (SR) 4.0.4 is revised to of a requirement to assess and manage the Technical Specifications, the qualification reflect the LCO 3.0.4 allowance. risk introduced by this change will further requirements for the unit staff position This change was proposed by the minimize possible concerns. Thus, this responsible for the control room command industry’s Technical Specification Task change does not create the possibility of a function will remain unchanged and the Force (TSTF) and is designated TSTF– new or different kind of accident from an plant staff will continue to meet applicable 359. The NRC staff issued a notice of accident previously evaluated. regulatory requirements. Also, since no opportunity for comment in the Federal Criterion 3—The Proposed Change Does Not change is being made to design, operation, Register on August 2, 2002 (67 FR maintenance, or testing of the plant, no new Involve a Significant Reduction in a Margin methods of operation or failure modes are 50475), on possible amendments of Safety concerning TSTF–359, including a introduced by the proposed change. The proposed change allows entry into a Therefore, the possibility of a new or model safety evaluation and model no mode or other specified condition in the different kind of accident from any significant hazards consideration applicability of a TS, while in a TS condition previously evaluated is not created. (NSHC) determination, using the statement and the associated required actions 3. Does the proposed change involve a consolidated line item improvement of the TS. The TS allow operation of the significant decrease in the margin of safety? process. The NRC staff subsequently plant without the full complement of The proposed change to the Technical issued a notice of availability of the equipment through the conditions for not Specifications will have no adverse impact models for referencing in license meeting the TS Limiting Conditions for on the onsite organizational features amendment applications in the Federal Operation (LCO). The risk associated with necessary to assure safe operation of the this allowance is managed by the imposition plant since the qualification requirements for Register on April 4, 2003 (68 FR 16579). of required actions that must be performed the unit staff position for the control room The licensee affirmed the applicability within the prescribed completion times. The command function remain unchanged. The of the following NSHC determination in net effect of being in a TS condition on the adoption of the more generic designation of its application dated February 3, 2004. margin of safety is not considered significant.

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The proposed change does not alter the Response: No. Therefore, since the RTS and ESFAS will required actions or completion times of the Overall protection system performance will continue to perform their [safety] functions TS. The proposed change allows TS remain within the bounds of the previously with high reliability as originally assumed, conditions to be entered, and the associated performed accident analyses since no and the increase in risk as measured by required actions and completion times to be hardware changes are proposed. The same ‘‘CDF, ‘‘LERF, ICCDP, ICLERP risk metrics is used in new circumstances. This use is reactor trip system (RTS) and engineered within the acceptance criteria of existing predicated upon the licensee’s performance safety feature actuation system (ESFAS) [NRC] regulatory guidance, there will not be of a risk assessment and the management of instrumentation will continue to be used. a significant increase in the consequences of plant risk. The change also eliminates current The protection systems will continue to any accidents. allowances for utilizing required actions and function in a manner consistent with the The proposed changes do not adversely completion times in similar circumstances, plant design basis. These changes to the affect accident initiators or precursors nor without assessing and managing risk. The net Technical Specifications [in the amendment] alter the design assumptions, conditions, or change to the margin of safety is do not result in a condition where the design, configuration of the facility or the manner in insignificant. Therefore, this change does not material, and construction standards that which the plant is operated and maintained. involve a significant reduction in a margin of were applicable prior to the change are The proposed changes do not alter or prevent safety. altered. the ability of structures, systems, and The proposed changes will not modify any components (SSCs) from performing their The NRC staff proposes to determine system interface. The proposed changes will intended [safety] function to mitigate the that the amendment request involves no not affect the probability of any event consequences of an initiating event within significant hazards consideration. initiators [because the proposed changes are the assumed acceptance limits. The proposed Attorney for licensee: A. H. not event initiators]. There will be no changes do not affect the source term, Gutterman, Esq., Morgan, Lewis & degradation in the performance of or an containment isolation, or radiological release Bockius, 1111 Pennsylvania Avenue, increase in the number of challenges assumptions used in evaluating the NW., Washington, DC 20004. imposed on safety-related equipment radiological consequences of an accident NRC Section Chief: Robert A. Gramm. assumed to function during an accident previously evaluated. The proposed changes situation. There will be no change to normal are consistent with safety analysis TXU Generation Company LP, Docket plant operating parameters or accident assumptions and resultant consequences. Nos. 50–445 and 50–446, Comanche mitigation performance. The proposed Therefore, [the] change[s do] not increase Peak Steam Electric Station, Units 1 and changes will not alter any assumptions or the probability or consequences of an 2, Somervell County, Texas change any mitigation actions in the accident previously evaluated. radiological consequence evaluations in the 2. Do the proposed changes create the Date of amendment request: January FSAR [Comanche Peak Final Safety Analysis possibility of a new or different kind of 21, 2004. Report]. accident from any accident previously Brief description of amendments: The The determination that the results of the evaluated? amendment would revise Technical proposed changes are acceptable [to be Response: No. Specifications (TSs) 3.3.1, ‘‘Reactor Trip considered for plant-specific Technical There are no hardware changes nor are System (RTS) Instrumentation,’’ 3.3.2, Specifications] was established in the NRC there any changes in the method by which ‘‘Engineered Safety Feature Actuation Safety Evaluations prepared for WCAP– any safety-related plant system performs its System (ESFAS) Instrumentation,’’ and 14333–P–A (issued by letter dated July 15, safety function. The proposed changes will 1998) and for WCAP–15376–P–A (issued by not affect the normal method of plant 3.3.6, ‘‘Containment Ventilation letter dated December 20, 2002). operation. No performance requirements will Isolation Instrumentation.’’ The purpose Implementation of the proposed changes will be affected or eliminated. The proposed of the amendment is to adopt the result in an insignificant risk impact. changes will not result in physical alteration completion time, test bypass time, and Applicability of these conclusions has been to any plant system nor will there be any surveillance frequency time changes verified through plant-specific reviews and change in the method by which any safety- approved by the NRC in Topical Reports implementation of the generic analysis related plant system performs its safety WCAP–14333–P–A, ‘‘Probabilistic Risk results in accordance with the respective function. Analysis of the RPS [reactor protection NRC Safety Evaluation conditions [for the There will be no setpoint changes or system] and ESFAS Test Times and two WCAPs]. changes to accident analysis assumptions. The proposed changes to the Completion No new accident scenarios, transient Completion Times,’’ and WCAP–15376– Times, test bypass times, and Surveillance precursors, failure mechanisms, or limiting P–A, ‘‘Risk-Informed Assessment of the Frequencies reduce the potential for single failures are introduced as a result of RTS and ESFAS Surveillance Test inadvertent reactor trips and spurious ESF these changes. There will be no adverse effect Intervals and Reactor Trip Breaker Test [engineered safety feature] actuations, and or challenges imposed on any safety-related and Completion Times.’’ The proposed therefore do not increase the probability of system as a result of these changes. changes would revise the required any accident previously evaluated. The Therefore, the proposed changes do not actions for certain action conditions; proposed changes do not change the response create the possibility of a new or different increase the completion times for of the plant to any accidents and have an kind of accident from any previously several required actions (including some insignificant impact on the reliability of the evaluated. RTS and ESFAS signals. The RTS and ESFAS 3. Do the proposed changes involve a notes); delete notes in certain required will remain highly reliable and the proposed significant reduction in a margin of safety? actions; and increase frequency time changes will not result in a significant Response: No. intervals (including certain notes) in increase in the risk of plant operation. This The proposed changes do not affect the several surveillance requirements (SRs). is demonstrated by showing that the impact acceptance criteria for any analyzed event Basis for proposed no significant on plant safety as measured by the increase nor is there a change to any Safety Analysis hazards consideration determination: in core damage frequency (CDF) is less than Limit (SAL). There will be no effect on the As required by 10 CFR 50.91(a), the 1.0E–06 per year and the increase in large manner in which safety limits, limiting safety licensee has provided its analysis of the early release frequency (LERF) is less than system settings, or limiting conditions for issue of no significant hazards 1.0E–07 per year. In addition, for the operation are determined nor will there be consideration, which is presented Completion Time changes, the incremental any effect on those plant systems necessary conditional core damage probabilities to assure the accomplishment of protection below: (ICCDP) and incremental conditional large functions. There will be no impact on the 1. Do the proposed changes involve a early release probabilities (ICLERP) are less overpower limit, DNBR [departure from significant increase in the probability or than 5.0E–07 and 5.0E–08, respectively. nucleate boiling ratio] limits, FQ [heat flux consequences of an accident previously These changes meet the acceptance criteria in hot channel factor], FDH [nuclear enthalpy evaluated? Regulatory Guides 1.174 and 1.177. rise hot channel factor], LOCA PCT [loss-of-

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coolant accident peak cladding temperature], Previously Published Notices of Date of publication of individual peak local power density, or any other Consideration of Issuance of notice in Federal Register: February margin of safety. The radiological dose Amendments to Facility Operating 12, 2004 (69 FR 7023). consequence acceptance criteria listed in the Licenses, Proposed No Significant Expiration date of individual notice: [NRC] Standard Review Plan will continue to Hazards Consideration Determination, March 15, 2004. be met. Redundant RTS and ESFAS trains are and Opportunity for a Hearing maintained, and diversity with regard to the Notice of Issuance of Amendments to The following notices were previously signals that provide reactor trip and Facility Operating Licenses published as separate individual engineered safety features actuation is also During the period since publication of notices. The notice content was the maintained. All signals credited as primary the last biweekly notice, the same as above. They were published as or secondary, and all operator actions Commission has issued the following individual notices either because time credited in the accident analyses will remain amendments. The Commission has did not allow the Commission to wait the same. The proposed changes will not determined for each of these for this biweekly notice or because the result in plant operation in a configuration amendments that the application action involved exigent circumstances. outside the design basis. The calculated complies with the standards and They are repeated here because the impact on risk is insignificant and meets the requirements of the Atomic Energy Act acceptance criteria contained in Regulatory biweekly notice lists all amendments of 1954, as amended (the Act), and the Guides 1.174 and 1.177. Although there was issued or proposed to be issued Commission’s rules and regulations. no attempt to quantify any positive human involving no significant hazards The Commission has made appropriate factors benefit due to increased Completion consideration. findings as required by the Act and the For details, see the individual notice Times and bypass test times, it is expected Commission’s rules and regulations in in the Federal Register on the day and that there would be a net benefit due to a 10 CFR Chapter I, which are set forth in page cited. This notice does not extend reduced potential for spurious reactor trips the license amendment. and actuations associated with testing. the notice period of the original notice. Notice of Consideration of Issuance of Implementation of the proposed changes is Entergy Operations Inc., Docket No. 50– Amendment to Facility Operating expected to result in an overall improvement 382, Waterford Steam Electric Station, License, Proposed No Significant in safety, as follows: Unit 3 Hazards Consideration Determination, (a) Reduced testing will result in fewer Date of amendment request: and Opportunity for A Hearing in inadvertent reactor trips, less frequent November 13, 2003. connection with these actions was actuation of ESFAS components, less Brief description of amendment published in the Federal Register as frequent distraction of operations personnel request: The proposed amendment indicated. without significantly affecting RTS and would allow an increase in the licensed Unless otherwise indicated, the ESFAS reliability. power from 3441 megawatts thermal Commission has determined that these (b) Improvements in the effectiveness of (MWt) to 3716 MWt. This represents an amendments satisfy the criteria for the operating staff in monitoring and increase of approximately 8 percent categorical exclusion in accordance controlling plant operation will be realized. above the current rated licensed thermal with 10 CFR 51.22. Therefore, pursuant This is due to less frequent distraction of the power. The proposed amendment to 10 CFR 51.22(b), no environmental operators and shift supervisor to attend to would also change the operating license impact statement or environmental instrumentation Required Actions with short and the technical specifications assessment need be prepared for these Completion Times. appended to the operating license to amendments. If the Commission has (c) Longer repair times associated with provide for implementing uprated prepared an environmental assessment increased Completion Times will lead to under the special circumstances higher quality repairs and improved power operation. Date of publication of individual provision in 10 CFR 51.12(b) and has reliability. notice in Federal Register: February 5, made a determination based on that (d) The Completion Time extensions for 2004. assessment, it is so indicated. the reactor trip breakers will provide the Expiration date of individual notice: For further details with respect to the utilities additional time to complete test and March 8, 2004. action see (1) the applications for maintenance activities while at power, amendment, (2) the amendment, and (3) potentially reducing the number of forced Nebraska Public Power District, Docket the Commission’s related letter, Safety outages related to compliance with reactor No. 50–298, Cooper Nuclear Station, Evaluation and/or Environmental trip breaker Completion Times, and provide Nemaha County, Nebraska Assessment as indicated. All of these consistency with the Completion Times for Date of amendment request: January items are available for public inspection the logic trains. 30, 2004. at the Commission’s Public Document Therefore, the proposed changes do not Brief description of amendment Room, located at One White Flint North, involve a significant reduction in the margin request: The proposed amendment Public File Area 01F21, 11555 Rockville of safety. would revise the Cooper Nuclear Station Pike (first floor), Rockville, Maryland. The NRC staff has reviewed the (CNS) Technical Specifications (TS), by Publicly available records will be licensee’s analysis and, based on this adding a temporary note to allow a one- accessible from the Agencywide review, it appears that the three time extension of a limited number of Documents Access and Management standards of 10 CFR 50.92(c) are TS Surveillance Requirements (SRs). Systems (ADAMS) Public Electronic satisfied. Therefore, the NRC staff The temporary note states that the next Reading Room on the internet at the proposes to determine that the required performance of the SR may be NRC Web site, http://www.nrc.gov/ amendment request involves no delayed until the current cycle refueling reading-rm/adams.html. If you do not significant hazards consideration. outage, but no later than February 2, have access to ADAMS or if there are 2005, and it expires upon startup from problems in accessing the documents Attorney for licensee: George L. Edgar, the refueling outage. With the exception located in ADAMS, contact the NRC Esq., Morgan, Lewis and Bockius, 1800 of one SR, the period of additional time Public Document Room (PDR) Reference M Street, NW., Washington, DC 20036. requested occurs during the next staff at 1–800–397–4209, 301–415–4737 NRC Section Chief: Robert A. Gramm. planned refueling outage. or by email to [email protected].

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AmerGen Energy Company, LLC, et al., The Commission’s related evaluation would remove the requirement for this Docket No. 50–219, Oyster Creek of the amendment is contained in a isolation function, specified in Table Nuclear Generating Station, Ocean Safety Evaluation dated February 11, 3.3.6.1–1, when the upper containment County, New Jersey 2004. reactor cavity is at the High Water Level No significant hazards consideration Date of application for amendment: condition specified in TS 3.5.2, comments received: No. December 2, 2003. ‘‘Emergency Core Cooling Systems Brief description of amendment: The Duke Energy Corporation, Docket No. (ECCS) Shutdown.’’ The revised amendment revised Surveillance 50–270, Oconee Nuclear Station, Unit 2, application adds a new surveillance Requirement (SR) 4.0.2 of the Technical Oconee County, South Carolina requirement (SR) (SR 3.3.6.1.9) to verify Specifications (TSs) to extend the delay every four hours that the water level in Date of application of amendment: the upper containment pool is greater period, before entering a Limiting October 28, 2003. Condition for Operation, following a than or equal to 22 feet 8 inches above Brief description of amendment: The the reactor pressure vessel flange, and missed surveillance. The delay period is amendment revised the licensing basis extended from the current limit of adds a footnote to Table 3.3.6.1–1, Item in the Updated Final Safety Analysis 5.b, for MODE 5 that states that the ‘‘* * * up to 24 hours or up to the limit Report (UFSAR) to support installation of the specified frequency, whichever is function is not required when the upper of a passive low-pressure injection (LPI) containment reactor cavity and transfer less’’ to ‘‘* * * up to 24 hours or up to cross connect inside containment. The the limit of the specified frequency, canal gates are removed and SR 3.3.6.1.9 changes to the UFSAR revise the is met. The proposed SR and footnote whichever is greater.’’ The revised SR licensing basis for selected portions of 4.0.2 specifies that a risk evaluation are only applicable in MODE 5. The the core flood and LPI/Decay Heat May 12, 2003, application was shall be performed for any surveillance Removal piping to allow exclusion of delayed greater than 24 hours and the previously noticed in the Federal the dynamic effects associated with Register on June 10, 2003 (68 FR 34665). risk impact shall be managed. In postulated rupture of that piping by addition, a new Section 6.21 is added to Date of issuance: January 23, 2004. application of leak-before-break Effective date: As of the date of provide for a TS Bases Control Program. technology. Date of Issuance: February 5, 2004. issuance and shall be implemented Date of Issuance: February 5, 2004. within 60 days of issuance. Effective date: February 5, 2004 and Effective date: As of the date of Amendment No: 163. shall be implemented within 60 days of issuance and shall be implemented Facility Operating License No. NPF– issuance. within 30 days from the date of 29: The amendment revises the Amendment No.: 240. issuance. Facility Operating License No. DPR– Amendment No.: 338. Technical Specifications. 16: Amendment revised the Technical Renewed Facility Operating License Date of initial notice in Federal Specifications. No. DPR–47: Amendment revised the Register: December 15, 2003 (68 FR Date of initial notice in Federal Updated Final Safety Analysis Report. 69726). The December 18, 2003, Register: January 6, 2004 (69 FR 692). Date of initial notice in Federal supplemental letter provided clarifying The Commission’s related evaluation Register: December 9, 2003 (68 FR information that did not change the of this amendment is contained in a 68661) The Commission’s related scope of the December 15, 2003, Federal Safety Evaluation dated February 5, evaluation of the amendments is Register notice or the no significant 2004. contained in a Safety Evaluation dated hazards consideration determination No significant hazards consideration February 5, 2004. therein. comments received: No. No significant hazards consideration The Commission’s related evaluation comments received: No. of the amendment is contained in a Carolina Power & Light Company, Safety Evaluation dated January 23, Docket No. 50–261, H. B. Robinson Entergy Operations, Inc., System Energy 2004. Steam Electric Plant, Unit No. 2, Resources, Inc., South Mississippi No significant hazards consideration Darlington County, South Carolina Electric Power Association, and Entergy comments received: No. Date of application for amendment: Mississippi, Inc., Docket No. 50–416, Nine Mile Point Nuclear Station, LLC, June 11, 2003, as supplemented August Grand Gulf Nuclear Station, Unit 1, Docket No. 50–410, Nine Mile Point 20 and October 13, 2003. Claiborne County, Mississippi Nuclear Station, Unit 2, Oswego County, Brief description of amendment: The Date of application for amendment: New York amendment allows the licensee to May 12, 2003, as revised by letters dated extend its Appendix J, Type A, December 5 and 18, 2003. Date of application for amendment: Containment Integrated Leak Rate Test, Brief description of amendment: By August 15, 2003, as supplemented by Option B, for H. B. Robinson Steam letter dated December 5, 2003, Entergy letter on September 15, 2003. Electric Plant, Unit No. 2, from the submitted a revised application for Brief description of amendment: The scheduled May 2004 timeframe to no amendment to Grand Gulf Nuclear amendment revised the reactor coolant later than April 9, 2007. Station, Unit 1 Technical Specification system pressure-temperature limit Date of issuance: February 11, 2004. (TS) 3.3.6.1, ‘‘Primary Containment and curves in Section 3.4.11, ‘‘RCS [Reactor Effective date: As of the date of Drywell Isolation Instrumentation,’’ to Coolant System] Pressure and issuance and shall be implemented add a provision to the APPLICABILITY Temperature (P/T) Limits,’’ of the within 30 days. function that will eliminate the Technical Specifications. The revised Amendment No. 199. requirement that the Residual Heat curves are effective up to 22 effective Facility Operating License No. DPR– Removal System Isolation, Reactor full-power years. 23. Amendment revises the Technical Vessel Water Level-Low, Level 3, be Date of issuance: January 27, 2004. Specifications. OPERABLE under certain conditions Effective date: As of the date of Date of initial notice in Federal during refueling outages. Specifically, issuance, to be implemented within 60 Register: December 23, 2003 (68 FR the proposed change requested in the days. 74264). original application dated May 12, 2003, Amendment No.: 110.

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Facility Operating License No. NPF– limits; (2) relocating fuel assembly Notice of Issuance of Amendments to 69: Amendment revised the Technical storage requirements currently located Facility Operating Licenses and Final Specifications. in TS 5.6.1.2d to a new TS 3/4.7.12, Determination of No Significant Date of initial notice in Federal ‘‘Fuel Assembly Storage in the Spent Hazards Consideration and Register: September 2, 2003 (68 FR Fuel Pool;’’ and (3) relocating refueling Opportunity for a Hearing (Exigent 52235). boron concentration requirements from Public Announcement or Emergency The staff’s related evaluation of the TS 3/4.9.1, ‘‘Boron Concentration,’’ to Circumstances) amendment is contained in a Safety the Core Operating Limits Report. During the period since publication of Evaluation dated January 27, 2004. the last biweekly notice, the No significant hazards consideration Date of issuance: February 6, 2004. Commission has issued the following comments received: No Effective date: As of the date of The September 15, 2003, letter amendments. The Commission has issuance, and shall be implemented determined for each of these provided clarifying information within within 60 days. the scope of the original application and amendments that the application for the Amendment Nos.: 262 and 244. did not change the staff’s initial amendment complies with the proposed no significant hazards Facility Operating License Nos. DPR– standards and requirements of the consideration determination. 70 and DPR–75: The amendments Atomic Energy Act of 1954, as amended revised the TSs. (the Act), and the Commission’s rules Nine Mile Point Nuclear Station, LLC, and regulations. The Commission has Docket No. 50–410, Nine Mile Point Date of initial notice in Federal made appropriate findings as required Nuclear Station, Unit 2, Oswego County, Register: April 29, 2003 (68 FR 22753). by the Act and the Commission’s rules New York The Commission’s related evaluation and regulations in 10 CFR Chapter I, Date of application for amendment: of the amendments is contained in a which are set forth in the license August 28, 2003. Safety Evaluation dated February 6, amendment. Brief description of amendment: The 2004. Because of exigent or emergency circumstances associated with the date amendment revised Section 3.1.7, No significant hazards consideration the amendment was needed, there was ‘‘Standby Liquid Control (SLC) System,’’ comments received: No. of the Technical Specifications to not time for the Commission to publish, support a transition from GE11 to GE14 Tennessee Valley Authority, Docket No. for public comment before issuance, its fuel in the reactor core. The revised 50–390, Watts Bar Nuclear Plant, Unit 1, usual Notice of Consideration of Section 3.1.7 raises the required Rhea County, Tennessee Issuance of Amendment, Proposed No calculated average boron concentration Significant Hazards Consideration in the reactor from a concentration Date of application for amendment: Determination, and Opportunity for a equivalent to 660 parts per million March 13, 2002, as supplemented on Hearing. (ppm) natural boron to 780 ppm natural April 1 and November 21, 2003. For exigent circumstances, the boron. The increased concentration is Brief description of amendment: The Commission has either issued a Federal achieved by requiring use of sodium amendment approves revisions to the Register notice providing opportunity for public comment or has used local pentaborate solution enriched with the Updated Final Safety Analysis Report media to provide notice to the public in boron-10 isotope. (UFSAR) to update the quality Date of issuance: February 13, 2004. the area surrounding a licensee’s facility assurance criteria and the basis for the of the licensee’s application and of the Effective date: As of the date of seismic qualification of the ducting issuance to be implemented prior to Commission’s proposed determination installed as part of the suspended of no significant hazards consideration. startup from Refueling Outage 9. ceiling air delivery system in the main Amendment No.: 111. The Commission has provided a control room. Facility Operating License No. NPF– reasonable opportunity for the public to 69: Amendment revised the Technical Date of issuance: February 12, 2004. comment, using its best efforts to make Specifications. Effective date: As of the date of available to the public means of Date of initial notice in Federal issuance and shall be implemented in communication for the public to Register: September 30, 2003 (68 FR accordance with 10 CFR 50.71(e). respond quickly, and in the case of 56345). The staff’s related evaluation of telephone comments, the comments the amendment is contained in a Safety Amendment No.: 50. have been recorded or transcribed as Evaluation dated February 13, 2004. Facility Operating License No. NPF– appropriate and the licensee has been No significant hazards consideration 90: Amendment revised the UFSAR. informed of the public comments. In circumstances where failure to act comments received: No. Date of initial notice in Federal in a timely way would have resulted, for Register: April 15, 2003 (68 FR 18286). PSEG Nuclear, LLC, Docket Nos. 50–272 example, in derating or shutdown of a and 50–311, Salem Nuclear Generating The supplemental letters provided nuclear power plant or in prevention of Station, Unit Nos. 1 and 2, Salem clarifying information that did not either resumption of operation or of County, New Jersey expand the scope of the original request increase in power output up to the Date of application for amendments: and did not change the initial proposed plant’s licensed power level, the February 14, 2003, as supplemented on no significant hazards consideration Commission may not have had an October 2, 2003. determination. opportunity to provide for public Brief description of amendments: The The Commission’s related evaluation comment on its no significant hazards amendments modify the Salem Nuclear of the amendment is contained in a consideration determination. In such Generating Station, Unit Nos. 1 and 2, Safety Evaluation dated February 12, case, the license amendment has been Technical Specifications (TSs) by: (1) 2004. issued without opportunity for Adding new TS 3/4.7.11, ‘‘Fuel Storage comment. If there has been some time No significant hazards consideration Pool Boron Concentration,’’ to define for public comment but less than 30 spent fuel pool boron concentration comments received: No. days, the Commission may provide an

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opportunity for public comment. If issuance of the amendment to the opinion which support the contention comments have been requested, it is so subject facility operating license and and on which the petitioner intends to stated. In either event, the State has any person whose interest may be rely in proving the contention at the been consulted by telephone whenever affected by this proceeding and who hearing. The petitioner must also possible. wishes to participate as a party in the provide references to those specific Under its regulations, the Commission proceeding must file a written request sources and documents of which the may issue and make an amendment for a hearing and a petition for leave to petitioner is aware and on which the immediately effective, notwithstanding intervene. Requests for a hearing and a petitioner intends to rely to establish the pendency before it of a request for petition for leave to intervene shall be those facts or expert opinion. The a hearing from any person, in advance filed in accordance with the petition must include sufficient of the holding and completion of any Commission’s ‘‘Rules of Practice for information to show that a genuine required hearing, where it has Domestic Licensing Proceedings’’ in 10 dispute exists with the applicant on a determined that no significant hazards CFR part 2. Interested persons should material issue of law or fact. consideration is involved. consult a current copy of 10 CFR 2.309, Contentions shall be limited to matters The Commission has applied the which is available at the Commission’s within the scope of the amendment standards of 10 CFR 50.92 and has made PDR, located at One White Flint North, under consideration. The contention a final determination that the Public File Area 01F21, 11555 Rockville must be one which, if proven, would amendment involves no significant Pike (first floor), Rockville, Maryland, entitle the petitioner to relief. A hazards consideration. The basis for this and electronically on the Internet at the petitioner/requestor who fails to file determination is contained in the NRC Web site, http://www.nrc.gov/ such a supplement which satisfies these documents related to this action. reading-rm/doc-collections/cfr/. If there requirements with respect to at least one Accordingly, the amendments have are problems in accessing the document, contention will not be permitted to been issued and made effective as contact the PDR Reference staff at 1– participate as a party. indicated. 800–397–4209, 301–415–4737, or by e- Those permitted to intervene become Unless otherwise indicated, the mail to [email protected]. If a request for a parties to the proceeding, subject to any Commission has determined that these hearing or petition for leave to intervene limitations in the order granting leave to amendments satisfy the criteria for is filed by the above date, the intervene, and have the opportunity to categorical exclusion in accordance Commission or a presiding officer participate fully in the conduct of the with 10 CFR 51.22. Therefore, pursuant designated by the Commission or by the hearing. Since the Commission has to 10 CFR 51.22(b), no environmental Chief Administrative Judge of the made a final determination that the impact statement or environmental Atomic Safety and Licensing Board amendment involves no significant assessment need be prepared for these Panel, will rule on the request and/or hazards consideration, if a hearing is amendments. If the Commission has petition; and the Secretary or the Chief requested, it will not stay the prepared an environmental assessment Administrative Judge of the Atomic effectiveness of the amendment. Any under the special circumstances Safety and Licensing Board will issue a hearing held would take place while the provision in 10 CFR 51.12(b) and has notice of a hearing or an appropriate amendment is in effect. made a determination based on that order. A request for a hearing or a petition assessment, it is so indicated. As required by 10 CFR 2.309, a for leave to intervene must be filed by: For further details with respect to the petition for leave to intervene shall set (1) First class mail addressed to the action see (1) the application for forth with particularity the interest of Office of the Secretary of the amendment, (2) the amendment to the petitioner in the proceeding, and Commission, U.S. Nuclear Regulatory Facility Operating License, and (3) the how that interest may be affected by the Commission, Washington, DC 20555– Commission’s related letter, Safety results of the proceeding. The petition 0001, Attention: Rulemaking and Evaluation and/or Environmental should specifically explain the reasons Adjudications Staff; (2) courier, express Assessment, as indicated. All of these why intervention should be permitted mail, and expedited delivery services: items are available for public inspection with particular reference to the Office of the Secretary, Sixteenth Floor, at the Commission’s Public Document following general requirements: (1) The One White Flint North, 11555 Rockville Room, located at One White Flint North, name, address and telephone number of Pike, Rockville, Maryland, 20852, Public File Area 01F21, 11555 Rockville the requestor or petitioner; (2) the Attention: Rulemaking and Pike (first floor), Rockville, Maryland. nature of the requestor’s/petitioner’s Adjudications Staff; (3) E-mail Publicly available records will be right under the Act to be made a party addressed to the Office of the Secretary, accessible from the Agencywide to the proceeding; (3) the nature and U.S. Nuclear Regulatory Commission, Documents Access and Management extent of the requestor’s/petitioner’s [email protected]; or (4) System’s (ADAMS) Public Electronic property, financial, or other interest in facsimile transmission addressed to the Reading Room on the Internet at the the proceeding; and (4) the possible Office of the Secretary, U.S. Nuclear NRC web site, http://www.nrc.gov/ effect of any decision or order which Regulatory Commission, Washington, reading-rm/adams.html. If you do not may be entered in the proceeding on the DC, Attention: Rulemakings and have access to ADAMS or if there are requestor’s/petitioner’s interest. The Adjudications Staff at (301) 415–1101, problems in accessing the documents petition must also identify the specific verification number is (301) 415–1966. located in ADAMS, contact the NRC contentions which the petitioner/ A copy of the request for hearing and Public Document Room (PDR) Reference requestor seeks to have litigated at the petition for leave to intervene should staff at 1–800–397–4209, 301–415–4737 proceeding. also be sent to the Office of the General or by e-mail to [email protected]. Each contention must consist of a Counsel, U.S. Nuclear Regulatory The Commission is also offering an specific statement of the issue of law or Commission, Washington, DC 20555– opportunity for a hearing with respect to fact to be raised or controverted. In 0001, and it is requested that copies be the issuance of the amendment. Within addition, the petitioner/requestor shall transmitted either by means of facsimile 60 days after the date of publication of provide a brief explanation of the bases transmission to 301–415–3725 or by this notice, the licensee may file a for the contention and a concise email to [email protected]. A request for a hearing with respect to statement of the alleged facts or expert copy of the request for hearing and

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petition for leave to intervene should Date of issuance: February 6, 2004. Hearing or Notification of Hearing: An also be sent to the attorney for the Effective date: February 6, 2004. order granting the application will be licensee. Amendment No.: 158. issued unless the Commission orders a Nontimely requests and/or petitions Facility Operating License No. NPF– hearing. Interested persons may request and contentions will not be entertained 30: The amendment revised the a hearing by writing to the Secretary of absent a determination by the Technical Specifications. the Commission and serving Applicants Commission or the presiding officer of Public comments requested as to with a copy of the request, personally or the Atomic Safety and Licensing Board proposed no significant hazards by mail. Hearing requests should be that the petition, request and/or the consideration (NSHC): No. The received by the Commission by 5:30 contentions should be granted based on Commission’s related evaluation of the p.m. on March 26, 2004, and should be a balancing of the factors specified in 10 amendment, finding of emergency accompanied by proof of service on CFR 2.309(a)(1)(i)–(viii). circumstances, state consultation, and Applicants, in the form of an affidavit Omaha Public Power District, Docket final NSHC determination are contained or, for lawyers, a certificate of service. No. 50–285, Fort Calhoun Station, Unit in a safety evaluation dated February 6, Hearing requests should state the nature No. 1, Washington County, Nebraska 2004. of the writer’s interest, the reason for the Attorney for licensee: John O’Neill, request, and the issues contested. Date of amendment request: February Esq., Shaw, Pittman, Potts & Persons may request notification of a 6, 2004. Trowbridge, 2300 N Street, NW., hearing by writing to the Secretary of Description of amendment request: Washington, DC 20037. the Commission. The amendment changes the NRC Section Chief: Stephen Dembek. ADDRESSES: implementation date from 30 days to Secretary, Securities and 120 days for Amendment No. 224 issued Dated at Rockville, Maryland, this 20th day Exchange Commission, 450 Fifth Street, on January 16, 2004, that approved a of February 2004. NW., Washington, DC 20549–0604. measurement uncertainty uprate to For the Nuclear Regulatory Commission. Applicants, c/o Marie C. Swift, Esq. and increase the licensed rated power by 1.6 Ledyard B. Marsh, Michele H. Abate, Esq., Metropolitan percent from 1500 megawatts thermal Director, Division of Licensing Project Life Insurance Company, 501 Boylston (MWt) to 1524 MWt. Management, Office of Nuclear Reactor Street, Boston, MA 02116. Copy to Date of issuance: February 13, 2004. Regulation. Stephen E. Roth, Esq., Sutherland Asbill Effective date: February 13, 2004, and [FR Doc. 04–4343 Filed 3–1–04; 8:45 am] & Brennan LLP, 1275 Pennsylvania the fully implemented date for BILLING CODE 7590–01–P Avenue, NW., Washington, DC 20004– Amendment No. 224 (issued January 16, 2415. 2004) is changed to 120 days. FOR FURTHER INFORMATION CONTACT: Amendment No.: 225. SECURITIES AND EXCHANGE Alison White, Senior Counsel, or Lorna Renewed Facility Operating License COMMISSION MacLeod, Branch Chief, Division of No. DPR–40: Amendment revises the Investment Management, Office of [Release No. IC–26368; File No. 812–12908] implementation date for Amendment Insurance Products, at (202) 942–0670. No. 224. SUPPLEMENTARY INFORMATION: The Public comments requested as to Metropolitan Life Insurance Company, following is a summary of the proposed no significant hazards et al. application. The complete application consideration (NSHC): Yes. Omaha- February 25, 2004. may be obtained for a fee from the World Herald. The notice provided an AGENCY: Securities and Exchange Public Reference Branch of the opportunity to submit comments on the Commission (‘‘Commission’’). Commission’s proposed NSHC Commission, 450 5th Street, NW., determination. No comments have been ACTION: Notice of application for an Washington, DC 20549 (tel. (202) 942– received. order of exemption pursuant to Section 8090). The Commission’s related evaluation 26(c) of the Investment Company Act of Applicants’ Representations of the amendment, finding of exigent 1940 (the ‘‘1940 Act’’) approving a 1. MetLife is a life insurance company circumstances, State consultation, and substitution of securities. that is domiciled in New York and is a final NSHC determination are contained Applicants: Metropolitan Life wholly owned subsidiary of MetLife, in a safety evaluation dated February 13, Insurance Company (‘‘MetLife’’) and Inc., a publicly traded company. With 2004. Attorney for licensee: James R. New England Life Retirement approximately $331.7 billion of assets Curtiss, Esq., Winston & Strawn, 1400 L Investment Account (the ‘‘Separate under management as of June 30, 2003, Street, NW., Washington, DC 20005– Account’’) (together, the ‘‘Applicants’’). MetLife provides individual insurance 3502. Filing Dates: The application was and investment products to NRC Section Chief: Stephen Dembek. filed on December 10, 2002, and approximately 12 million individuals in amended and restated on February 23, the United States. MetLife also provides Union Electric Company, Docket No. 2004. group insurance and investment 50–483, Callaway Plant, Unit 1, Summary of Application: The products to 37 million employees and Callaway County, Missouri Applicants request an order pursuant to family members through their plan Date of application for amendment: Section 26(c) of the 1940 Act to permit sponsors. MetLife operates as a life February 5, 2004. the substitution of certain classes of insurance company in all 50 states, the Brief description of amendment: The shares of certain portfolios of the District of Columbia, and Puerto Rico. amendment revises Technical Metropolitan Series Fund, Inc. (the Outside the U.S., the MetLife companies Specification 3.7.5, ‘‘Auxiliary ‘‘Replacement Portfolios’’) for Class A have insurance operations in 12 Feedwater (AFW) System’’ to shares of certain portfolios of the CDC countries serving approximately 8 incorporate a one-time provision that Nvest Cash Management Trust, CDC million customers. extends the allowed outage time for an Nvest Funds Trust I, and CDC Nvest 2. The Separate Account is a separate inoperable turbine-driven auxiliary Funds Trust II (the ‘‘Substituted investment account of MetLife and is feedwater pump. Portfolios’’). registered under the 1940 Act as a unit

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investment trust. The Separate Account MetLife Advisers has contracted with Nvest Funds Trust I, and the CDC Nvest serves as a funding vehicle for variable subadvisers to make the day-to-day Funds Trust II are offered to the general annuity contracts known as Preference investment decisions for all public, as well as through the Contracts. (the ‘‘Contracts’’), which are no longer Replacement Portfolios it manages. 7. CDC IXIS Asset Management available for purchase. The Contracts Subadvisers are compensated by Advisers, L.P. (‘‘CDC IXIS Advisers’’) were initially issued by New England MetLife Advisers, and not by the serves as the investment manager to Mutual Life Insurance Company, and Metropolitan Fund. MetLife Advisers each Substituted Portfolio in the CDC subsequent to its merger with and into derives the amounts that it pays the Nvest Funds Trust I and CDC Nvest MetLife, MetLife assumed all of the subadvisers from its own investment Funds Trust II, except for the CGM liabilities and obligations under the advisory fees. The following are the Advisor Targeted Equity Fund, for Contracts. The Separate Account is a subadvisers for the Replacement which Capital Growth Management ‘‘separate account’’ as defined in Portfolios: Limited Partnership (‘‘CGM’’), an Section 2(a)(37) of the 1940 Act. affiliate of CDC IXIS Advisers, serves as The terms of the Contracts funded by Replacement Subadviser the investment adviser and Loomis the Separate Account permit Contract Portfolios Sayles Core Plus Bond Fund, for which owners to transfer contract value under Metropolitan Fund Fred Alger Manage- Loomis, Sayles & Company, L.P. the Contracts among subaccounts during Alger Equity ment, Inc. (‘‘Loomis Sayles’’), an affiliate of CDC the accumulation period and to Growth Portfolio. IXIS Advisers, serves as investment exchange annuity units during the Metropolitan Fund Harris Associates adviser. CDC IXIS Advisers also serves annuity period. MetLife does not Harris Oakmark L.P. as the investment manager to the Money currently impose a charge in connection Large Cap Value Market Series of the CDC Nvest Cash with a transfer, but has reserved the Fund. Management Trust. As the investment right to do so (not to exceed $5). MetLife Metropolitan Fund Davis Selected Advis- managers to their respective portfolios, does not limit the number of transfers Davis Venture ers, L.P. CDC IXIS Advisers, Loomis Sayles and permitted each contract year, but does Value Portfolio. Metropolitan Fund State Street Re- CGM receive investment advisory fees require a minimum transfer amount of State Street Re- search & Manage- from the portfolios. CDC IXIS Advisers, $25. search Bond In- ment Company. Loomis Sayles and CGM are also 3. New England Securities come Portfolio. responsible for the day-to-day Corporation (‘‘NES’’) serves as principal Metropolitan Fund State Street Re- investment management responsibility underwriter and distributor for the State Street Re- search & Manage- of certain portfolios they manage, Contracts. NES is an indirect wholly search Money Mar- ment Company. including the Substituted Portfolios. owned subsidiary of New England Life ket Portfolio. CDC IXIS Advisers has contracted with Insurance Company (‘‘NELICO’’), which subadvisers to make the day-to-day in turn is a subsidiary of MetLife. NES 6. CDC Nvest Cash Management investment decisions for the Substituted is registered as a broker-dealer under the Trust, CDC Nvest Funds Trust I, and Portfolios it manages. The amount of Securities Exchange Act of 1934 and is CDC Nvest Funds Trust II are registered investment management fee payable to a member of the NASD. as open-end management investment CDC IXIS Advisers is offset by the 4. The Metropolitan Series Fund, Inc. companies under the 1940 Act. CDC amount of investment advisory fee (the ‘‘Metropolitan Fund’’) is registered Nvest Cash Management Trust currently payable to the subadvisers. The as an open-end management investment offers one separate investment series, following are the subadvisers for the company under the 1940 Act and which would be involved in the Substituted Portfolios: currently offers thirty-six separate proposed substitution. CDC Nvest investment portfolios, five of which Funds Trust I currently offers nine Substituted Subadviser(s) would be involved in the proposed separate investment series, three of Portfolios substitution. The Metropolitan Fund which would be involved in the issues a separate series of shares of proposed substitution. CDC Nvest CGM Advisor Tar- Not Applicable. beneficial interest in connection with Funds Trust II currently offers two geted Equity Fund. separate investment series, one of which Harris Associates Harris Associates each portfolio, and has registered such Growth and Income L.P. shares under the Securities Act of 1933 would be involved in the proposed Fund. (‘‘1933 Act’’) on Form N–1A. Shares of substitution. CDC Nvest Cash CDC Nvest Star Harris Associates the Metropolitan Fund are offered only Management Trust issues a separate Value Fund. L.P., Loomis, to separate accounts established by series of shares of beneficial interest in Sayles & Company, MetLife, NELICO, MetLife Investors connection with its portfolio, the CDC L.P., Vaughan Nel- USA Insurance Company, General Nvest Cash Management Trust—Money son Investment American Life Insurance Company, or Market Series, and has registered such Management, L.P., other insurance companies affiliated shares under the 1933 Act on Form N– Westpeak Global 1A. CDC Nvest Funds Trust I issues a Advisors, L.P. with any of these insurance companies Loomis Sayles Core Not Applicable. and to certain eligible qualified separate series of shares of beneficial Plus Bond Fund. retirement plans. The general public interest in connection with each of its CDC Nvest Cash Reich & Tang Asset may not purchase Metropolitan Fund portfolios, and has registered such Management Management, LLC. shares directly. shares under the 1933 Act on Form N– Trust—Money Mar- 5. MetLife Advisers LLC serves as the 1A. CDC Nvest Funds Trust II issues a ket Series. investment adviser to each Replacement separate series of shares of beneficial Portfolio. MetLife Advisers is an interest in connection with each of its 8. Met Life proposes the following indirect wholly owned subsidiary of portfolios, and has registered such substitution of certain classes of shares NELICO. MetLife Advisers receives an shares under the 1933 Act on Form N– of the Replacement Portfolios for Class investment advisory fee from each 1A. Shares of the portfolios of the CDC A shares of the Substituted Portfolios Replacement Portfolio it manages. Nvest Cash Management Trust, the CDC (the ‘‘Substitutions’’):

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Substituted Portfolios Replacement Portfolios

Class A shares of the GM Advisor Targeted Equity Fund of the CDC Class B shares of the Alger Equity Growth Portfolio of the Metropolitan Nvest Funds Trust I. Series Fund, Inc. Class A shares of the Harris Associates Growth and Income Fund of Class B shares of the Harris Oakmark Large Cap Value Fund of the the CDC Nvest Funds Trust II. Metropolitan Series Fund, Inc. Class A shares of the CDC Nvest Star Value Fund of the CDC Nvest Class B shares of the Davis Venture Value Portfolio of the Metropolitan Funds Trust I. Series Fund, Inc. Class A shares of the Loomis Sayles Core Plus Bond Fund of the CDC Class B shares of the State Street Research Bond Income Portfolio of Nvest Funds Trust I. the Metropolitan Series Fund, Inc. Class A shares of the Money Market Series of the CDC Nvest Cash Class B shares of the State Street Research Money Market Portfolio of Management Trust. the Metropolitan Series Fund, Inc.

9. The following chart sets out the and the Replacement Portfolios, as and statements of additional investment objectives and certain stated in their respective prospectuses information. policies of the Substituted Portfolios

Substituted Portfolios Replacement Portfolios

CGM Advisor Targeted Equity Fund Metropolitan Fund Alger Equity Growth Portfolio Investment Objective: The Fund seeks long-term growth of capital Investment Objective: The investment objective of the Metropolitan through investment in equity securities of companies whose earnings Fund Alger Equity Growth Portfolio is long-term capital appreciation. are expected to grow at a faster rate than that of the overall United States economy.. Investment Strategies: Under normal market conditions, the Fund will Investment Strategies: Fred Alger Management, Inc. (‘‘Alger’’), sub- invest at least 80% of its net assets in equity investments. The Fund adviser to the Portfolio, invests, under normal circumstances, the will generally invest in a focused portfolio of common stocks of large Portfolio’s assets primarily in growth stocks. Alger will ordinarily in- capitalization companies that CGM expects will grow at a faster rate vest at least 80% of the Portfolio’s assets in equity securities. The than that of the overall United States economy. When CGM believes Portfolio will invest in equity securities of issuers with a market cap- that market conditions warrant, however, CGM may select stocks italization of $1 billion or greater. based upon overall economic factors such as the general economic Alger seeks out and invests primarily in companies that are traded on outlook, the level and direction of interest rates and potential impact domestic stock exchanges or in the domestic over-the counter mar- of inflation. The Fund will not invest in small capitalization compa- ket. The companies Alger chooses for the Portfolio may still be in the nies.. development stage, may be older companies that appear to be en- The Fund may also invest a significant portion of its assets in a single tering a new stage of growth progress due to factors like manage- industry sector, invest in foreign securities, invest in other investment ment changes or development of new technologies, products or mar- companies and invest in real estate investment trusts.. kets, or may be companies providing products or services with a high unit volume growth rate. Alger focuses on fundamental charac- teristics of individual companies and does not allocate assets based on specific industry sectors.

Harris Associates Growth and Income Fund Metropolitan Fund Harris Oakmark Large Cap Value Fund Investment Objective: The Fund seeks opportunities for long-term cap- Investment Objective: The investment of the Metropolitan Fund Harris ital growth and income.. Oakmark Large cap Value Fund is long-term capital appreciation. Investment Strategies: Under normal market conditions, the Fund will Investment Strategies: Harris Associates L.P. (‘‘Harris’’), subadviser to invest substantially all of its assets in common stocks of large and the Portfolio, will invest under normal market conditions at least 80% mid-capitalization companies in any industry.. the Portfolio’s assets in equity securities of large capitalization U.S. The Fund’s subadviser, Harris Associates L.P. (‘‘Harris’’), uses a value companies. This minimum may be changed on 60 days’ notice. Har- investment philosophy in selecting equity securities for the Fund, ris defines large capitalization companies as those, at the time of based on the belief that, over time, a company’s stock price con- purchase, with a market capitalization larger than the market capital- verges with that company’s true business value. Harris defines ‘‘true ization of the smallest company included in the Russell 1000 Index. business value’’ to mean its estimate of the price a knowledgeable As of June 30, 2002, this included companies with capitalizations of buyer would pay to acquire the entire business.. approximately $1.3 billion and above. The Fund may invest in foreign securities traded in U.S. markets Harris may invest up to 20% of the Portfolio’s total assets in fixed-in- (through American Depositary Receipts or stocks sold in U.S. dollars.. come securities, including investment grade securities and high yield debt.

CDC Nvest Star Value Fund Metropolitan Fund Davis Venture Value Portfolio Investment Objective: The Fund seeks a reasonable, long-term invest- Investment Objective: The investment objective of the Metropolitan ment return from a combination of market appreciation and dividend Fund Davis Venture Value Portfolio is growth of capital. income from equity securities..

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Substituted Portfolios Replacement Portfolios

Investment Strategies: Under normal market conditions, the Fund in- Investment Strategies: Davis Selected Advisers, L.P. (‘‘Davis Se- vests substantially all of its assets in equity securities. The Fund pri- lected’’), subadviser to the Portfolio, invests, under normal cir- marily will invest in the common stocks of mid- and large-capitaliza- cumstances, the majority of the Portfolio’s assets primarily in equity tion companies of various industries. The companies in which the securities of companies with market capitalizations of at least $10 Fund invests are value-oriented according to one or more of the fol- billion. Davis Selected searches for companies that it believes are of lowing measures: price-to-earnings ratio, return on equity, dividend high quality and whose stocks are selling at attractive prices with the yield, price-to-book value ratio or price-to-sales ratio.. intention of holding them for the long term. Davis Selected believes Subject to the allocation policies adopted by the Fund’s Board of Trust- that managing risk is the key to delivering superior long-term invest- ees, CDC IXIS Advisers generally allocates capital invested in the ment results; therefore, it considers how much could potentially be Fund equally among four segments which are managed by the sub- lost on an investment before considering how much might be gained. advisers set forth in this column below. Each subadviser manages its Davis Selected has developed a list of ten characteristics that it be- segment of the fund’s assets in accordance with its distinctive invest- lieves allow companies to sustain long-term growth and minimize ment style and strategy.. risks to enhance their potential for superior long-term returns. The segment of the Fund managed by Harris Associates L.P. (‘‘Harris’’) Davis Selected does not have particular allocation strategies, and em- primarily invests in common stocks of mid- and large-capitalization phasizes individual stock selection rather than industry sectors. companies that Harris believes are trading at a substantial discount Davis Selected relies heavily on its evaluation of the management of to the company’s ‘‘true business value.’’. potential investments, and will ordinarily visit the managers at their A segment of the Fund is managed by Loomis, Sayles & Company, place of business to gain insight into the relative value of different L.P. by using a fundamental research in a value-oriented selection companies. process to seek companies with the following characteristics; low price-to-earnings ratios based on earnings estimates; competitive re- turn on equity; competitive current and estimated dividend yield; and favorable earnings prospects.. A segment of the Fund is managed by Vaughan Nelson Investment Management, L.P. by using rigorous fundamental research and ac- tive management to analyze a broad selection of company or indus- try sectors and to seek companies with market capitalizations of at least $2 billion with the following characteristics: strong balance sheets; growing cash flows; reasonable valuations based upon dis- counted cash flow models; stable and proven management teams; and high relative dividend yield.. A segment of the Fund is managed by Westpeak Global Advisors, L.P. by constructing a portfolio of recognizable, reasonably priced stocks by combining its experience and judgment with a dynamic weighting process known as ‘‘portfolio profiling.’’ Using proprietary research based on economic, market and company specific information, Westpeak analyzes each stock and ranks them based on factors such as: earnings-to-price ratios, earnings growth rates, positive earnings surprises, book-to-price ratios and dividend yields. Westpeak invests in stocks of companies in the Russell 3000 Index..

Loomis Sayles Core Plus Bond Fund Metropolitan Fund State Street Research Bond Income Portfolio Investment Objective: The Fund seeks a high level of current income Investment Objective: The investment objective of the Metropolitan consistent with what the Fund considers reasonable risk. It invests Fund State Street Research Bond Income Portfolio is a competitive primarily in corporate and U.S. government bonds.. total return primarily from investing in fixed-income securities. Investment Strategies: Under normal market conditions, the Fund will Investment Strategies: State Street Research & Management Company invest primarily in U.S. corporate and U.S. government bonds. It will (‘‘State Street Research’’), subadviser to the Portfolio, invests, under adjust to changes in the relative strengths of the U.S. corporate or normal circumstances, at least 80% of the Portfolio’s assets in fixed- U.S. government bond markets by shifting the relative balance be- income securities. The Portfolio may invest in investment grade tween the two. The Fund will invest at least 80% of its net assets in fixed-income securities, obligations of the U.S. Treasury or any U.S. bond investments. In addition, the Fund will invest at least 80% of its government agency, mortgage-backed and asset-backed securities, assets in investment-grade bonds (those rated BBB or higher by corporate debt securities of U.S. and foreign issuers, and cash Standard & Poor’s Ratings Group (‘‘S&P’’) or Baa or higher by equivalents. The Portfolio may also invest in securities through Rule Moody’s Investors Service, Inc. (‘‘Moody’s’’) or, if unrated, of com- 144A and other private placement transactions. parable quality as determined by Loomis Sayles and will generally In addition, the Portfolio may invest up to 20% of its total assets in high maintain an average effective maturity of ten years or less. The Fund yield securities. It may also invest up to 20% of its total assets in for- may also purchase lower-quality bonds (those rated below BBB by eign securities and up to 10% of its total assets in securities of S&P and below Baa by Moody’s, also known as junk bonds’’).. issuers located in developing or emerging market countries. The The Fund may also invest in foreign securities, including those of 10% limit on emerging market securities will not be counted toward emerging markets, and related currency hedging transactions. The the limits on foreign or high yield securities. No combination of in- Fund may also invest in Rule 144A securities, Foreign securities, in- vestments in high yield securities, foreign securities or emerging cluding emerging markets, and related currency hedging transactions market securities will exceed 30% of the Portfolio’s total assets. and mortgage-related securities..

CDC Nvest Cash Management Trust—Money Market Series Metropolitan Fund State Street Research Money Market Portfolio Investment Objective: The Fund seeks maximum current income con- Investment Objective: The investment objective of the Metropolitan sistent with preservation of capital and liquidity.. Fund State Street Research Money Market Portfolio is a high level of current income consistent with preservation of capital.

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Substituted Portfolios Replacement Portfolios

Investment Strategies: The Fund will invest up to 100% of its assets in Investment Strategies: State Street Research, subadviser to the Port- high-quality, short-term, U.S. dollar-denominated money market in- folio, invests the Portfolio, invests the Portfolio’s assets in a man- vestments issued by U.S. and foreign issuers. To preserve investors’ aged portfolio of money market instruments. The Portfolio may invest capital, the Fund seeks to maintain a stable $1.00 share price. Some in the highest quality, short-term money market instruments or in of the Fund’s portfolio positions include certificates of deposit, bank- U.S. government securities. The Portfolio may invest in commercial ers’ acceptances or bank notes, securities issued or guaranteed by paper and asset-backed securities, including those issued in Rule the U.S. government, commercial paper, repurchase agreements, 144A and other private placement transactions. The Portfolio also other corporate debt obligations cash.. may invest in U.S. dollar-denominated securities issued by foreign companies or banks or their U.s. affiliates. The Portfolio may invest all of its assets in any one type of security.

10. The following chart compares the Loomis Sayles Core Plus Bond Fund), rate that the Fund would have incurred fees paid for advisory services for the expressed as an annual percentage of for the fiscal year ended December 31, fiscal year ended December 31, 2002 average daily net assets, by each 2002 assuming that the combination of (fiscal year ended June 30, 2003 for the Substituted Portfolio and each the Growth and Income Fund and the CDC Nvest Cash Management Trust— Replacement Portfolio. The advisory fee CDC Nvest Balanced Fund, which Money Market Series and fiscal year rate for the Harris Associates Growth occurred in June 2003, had occurred on ended September 30, 2003 for the and Income Fund is the pro forma fee January 1, 2002.

Substituted portfolios Replacement portfolios CGM Advisor Targeted Equity Fund ...... 0.69% Metropolitan Fund Alger Equity Growth Portfolio ...... 0.75% Harris Associates Growth and Income Fund ...... 0.67% Metropolitan Fund Harris Oakmark Large Cap Value 0.75% Fund. CDC Nvest Star Value Fund ...... 0.75% Metropolitan Fund Davis Venture Value Portfolio ...... 0.75% Loomis Sayles Core Plus Bond Fund ...... 0.41% Metropolitan Fund State Street Research Bond Income 0.40% Portfolio. CDC Nvest Cash Management Trust—Money Market 0.40% Metropolitan Fund State Street Research Money Market 0.35% Series. Portfolio.

11. The following charts compare the expressed as an annual percentage of the Growth and Income Fund and the total operating expenses (before and average daily net assets, of the CDC Nvest Balanced Fund combined as after any waivers and reimbursements) Substituted Portfolios and the of January 1, 2002. The Substituted for the fiscal year ended December 31, Replacement Portfolios. The total Portfolios, other than the Money Market 2002 (fiscal year ended June 30, 2003 for operating expenses for the Harris Series of the CDC Nvest Cash the CDC Nvest Cash Management Associates Growth and Income Fund are Management Trust, and the Trust—Money Market Series and fiscal the pro forma expenses that the Fund Replacement Portfolios have adopted year ended September 30, 2003 for the would have incurred for the fiscal year plans pursuant to Rule 12b–1 under the Loomis Sayles Core Plus Bond Fund), ended December 31, 2002 assuming that 1940 Act.

[In percent]

Replace- Substituted ment Port- Portfolio folio Metro- CGM Advi- politan Fund sor Tar- Alger Equity geted Equity Growth Fund Portfolio (Class A) (Class B)

Management Fees ...... 0.69 0.75 Distribution and/or Service (12b–1) Fees ...... 0.25 0.25 Other Expenses ...... 0.53 0.04

Total Operating Expenses ...... 1.47 1.04 Less Expense Waivers and Reimbursements ...... N/A N/A

Net Operating Expenses ...... 1.47 1.04

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[In percent]

Replace- Substituted ment Port- Portfolio folio Metro- Harris Asso- politan Fund ciates Harris Growth and Oakmark Income Large Cap Fund Value Fund (Class A) (Class B)

Management Fees ...... 0.67 0.75 Distribution and/or Service (12b–1) Fees ...... 0.25 0.25 Other Expenses ...... 0.61 0.08

Total Operating Expenses ...... 1.53 1.08 Less Expense Waivers and Reimbursements ...... N/A N/A

Net Operating Expenses ...... 1.53 1.08

[In percent]

Replace- Substituted ment Port- Portfolio folio Metro- CDC Nvest politan Fund Star Value Davis Ven- Fund ture Value (Class A) Portfolio (Class B)

Management Fees ...... 0.75 0.75 Distribution and/or Service (12b–1) Fees ...... 0.25 0.25 Other Expenses ...... 0.68 0.05

Total Operating Expenses ...... 1.68 1.05 Less Expense Waivers and Reimbursements ...... N/A N/A

Net Operating Expenses ...... 1.68 1.05

[In percent]

Replace- ment Port- Substituted folio Metro- Portfolio politan Fund Loomis State Street Sayles Core Research Plus Bond Bond In- Fund come Port- (Class A) folio (Class B)

Management Fees ...... 0.41 0.40 Distribution and/or Service (12b–1) Fees ...... 0.25 0.25 Other Expenses ...... 0.62 0.11

Total Operating Expenses ...... 1.28 0.76 Less Expense Waivers and Reimbursements ...... N/A N/A

Net Operating Expenses ...... 1.28 0.76

[In percent]

Substituted Replace- Portfolio ment Port- CDC Nvest folio Metro- Cash Man- politan Fund agement State Street Trust— Research Money Mar- Money Mar- ket Series ket Portfolio (Class A) (Class B)

Management Fees ...... 0.40 0.35 Distribution and/or Service (12b–1) Fees ...... N/A 0.25 Other Expenses ...... 0.48 0.08

Total Operating Expenses ...... 0.88 0.68

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[In percent]

Substituted Replace- Portfolio ment Port- CDC Nvest folio Metro- Cash Man- politan Fund agement State Street Trust— Research Money Mar- Money Mar- ket Series ket Portfolio (Class A) (Class B)

Less Expense Waivers and Reimbursements ...... N/A N/A

Net Operating Expenses ...... 0.88 0.68

12. The following chart illustrates the average annual total returns for the Substituted Portfolios:

SUBSTITUTED PORTFOLIOS [In percent]

CDC Nvest CGM Advi- Harris Asso- Loomis Cash Man- sor Tar- ciates CDC Nvest Sayles Core agement Average Annual Total Returns For the Periods Ended 9/30/03 (Before geted Equity Growth and Star Value Plus Bond Trust-Money Taxes) Fund Income Fund Fund Market Se- (Class A) Fund (Class A) (Class A) ries (Class A) (Class A)

One Year ...... 7.99 22.60 25.57 10.48 0.55 Five Years ...... 0.49 (1.00) 1.04 4.88 3.25 Ten Years...... 7.67 7.91 7.32 6.23 3.90

The following chart illustrates the information shown for the periods prior series adjusted to reflect the expenses of average annual total returns for the to the inception of Class B of each series Class B): Replacement Portfolios (performance is the performance of Class A of each

REPLACEMENT PORTFOLIOS [In percent]

Metropolitan Metropolitan Metropolitan Metropolitan Fund State Metropolitan Fund Alger Fund Harris Fund Davis Street Re- Fund State Average Annual Total Returns For the Periods Ended 9/30/03 (Before Equity Oakmark Venture search Street Re- Taxes) Growth Large Cap Value Port- Bond In- search Portfolio Value Fund folio come Port- Money Mar- (Class B) (Class B) (Class B) folio ket Portfolio (Class B) (Class B)

One Year ...... 23.84 21.67 21.89 6.97 0.69 Five Years ...... 0.44 N/A 5.56 5.95 3.42 Ten Years ...... N/A N/A N/A 6.83 4.06 Since Inception ...... 10.36 2.93 12.11 N/A N/A

13. Pursuant to its authority under the contract values will remain fully investment options could result in Contracts and the prospectus describing invested at all times. increased operational and the same, and subject to the approval of 14. The proposed Substitutions are administrative efficiencies and the Commission under Section 26(c) of part of an overall business plan economies of scale for its Contract the 1940 Act, MetLife proposes the involving the management of MetLife. owners. In connection with these Substitutions described above. MetLife is seeking to make its products, efforts, MetLife has determined that the Applicants propose to redeem shares of including the Contracts, more funds currently offered under the each of the Substituted Portfolios for competitive and more efficient to Contracts warrant replacement. cash. The proceeds of these redemptions administer and oversee. MetLife has 15. After considering the Substituted will then be used to purchase shares of also been reviewing the efficiencies and Portfolios’ performance and generally the Replacement Portfolios. Redemption structures of the funds it offers as declining asset growth to date, the requests and purchase orders will be investment options under the Contracts. Applicants determined that it would be placed simultaneously so that the MetLife believes that more concentrated both difficult to find replacement funds and streamlined operations for which mirror the investment objectives

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and strategies of the Substituted efficient and attractive to customers. As cause the Contract fees and charges Portfolios, and inadvisable to do so. the Replacement Portfolios are already currently paid by existing Contract Rather, the Applicants determined that offered in other variable contracts owners to be greater after the it was in the best interests of Contract issued by MetLife, moving the assets Substitutions than before the owners to eliminate the Substituted from the Substituted Portfolios to the Substitutions. MetLife will not exercise Portfolios as investment options and to Replacement Portfolios will permit any right it may have under the substitute Contract owners into MetLife to administer the Contracts Contracts to impose restrictions on portfolios that have comparable through a newer administration system transfers under the Contracts for a investment objectives with greater which will decrease costs and increase period of at least thirty days following expectations for growth and efficiency. Also, as the Replacement the Substitutions. performance. To accomplish this goal, Portfolios are offered through other 21. For a period of two years from the the Applicants evaluated investment MetLife variable contracts, the costs of date of the Substitution, MetLife will objectives and strategies, expense ratios, sending reports, data transfer, and other not increase Contract charges or total performance history, and asset sizes of communications with the Portfolios will Separate Account charges (net of any other investment options offered in decrease due to efficiencies of dealing waiver or reimbursements) of the other variable contracts issued by with the same fund complex across subaccounts that invest in the MetLife in order to identify the most multiple product lines. Overall, Metropolitan Fund Davis Venture Value appropriate choices as Replacement Applicants can achieve better Portfolio or the Metropolitan Fund State Portfolios. economies of scale by offering the Street Research Bond Income Portfolio. 16. Although not identical, the Replacement Portfolios as investment If the total operating expenses for the investment objectives and strategies of options, which will benefit Contract Davis Venture Value Portfolio or the the Replacement Portfolios are owners. Applicants believe that State Street Research Bond Income comparable to those of their replacing the Substituted Portfolios with Portfolio (taking into account any corresponding Substituted Portfolios. the Replacement Portfolios is expense waiver or reimbursement) for Both the Metropolitan Fund Alger appropriate and in the best interests of any fiscal quarter for the two-year Equity Growth Portfolio and the CGM Contract owners, who will benefit from period following the date of Advisor Targeted Equity Fund invest investments in underlying funds with Substitution exceed on an annualized principally in growth stocks of large cap increasing or consistent asset bases, basis the net expense ratio for its companies. Both the Metropolitan Fund better performance, and lower overall corresponding Substituted Portfolio for Harris Oakmark Large Cap Value Fund expenses than currently is the case with the fiscal year ended December 31, 2002 and the Harris Associates Growth and the Substituted Portfolios. (for the CDC Nvest Star Value Fund), or Income Fund invest principally in 19. MetLife will effect the fiscal year ended September 30, 2003 stocks of large cap companies that are Substitutions as soon as practicable (for the Loomis Sayles Core Plus Bond considered undervalued. While the following the issuance of the requested Fund), MetLife will reduce (through name of the Substituted Portfolio order as follows. As of the effective date waiver or reimbursement) the Separate suggests a greater emphasis on dividend of the Substitutions (‘‘Effective Date’’), Account expenses paid during that income, the dividend yield of the two shares of each Substituted Portfolio will quarter of the subaccount that invests in funds, as of December 31, 2003, was be redeemed in cash by MetLife. The such Replacement Portfolio to the extent virtually identical. Similarly, while the proceeds of such redemptions will then necessary to offset the amount by which CDC Nvest Star Value Fund may seek be used to purchase shares of each the Replacement Portfolio’s expense dividend income from its equity Replacement Portfolio, with each ratio for such period exceeds, on an holdings, the fund’s dividend yield as of subaccount of the Separate Account annualized basis, the relevant expense December 31, 2003 was virtually the investing the proceeds of its redemption ratio level of the Substituted Portfolio. same as that of its Replacement from a Substituted Portfolio in the MetLife will reduce (through waiver or Portfolio. Finally, both the Metropolitan corresponding Replacement Portfolio. reimbursement) the Separate Account Fund State Street Research Bond All redemptions of shares of the expenses if the corresponding Income Portfolio and the Loomis Sayles Substituted Portfolios and purchases of Replacement Portfolio’s expense ratio Core Plus Bond Fund invest principally shares of the Replacement Portfolios exceeds the following levels: in investment grade fixed-income will be effected in accordance with Rule securities. 22c–1 of the Act. Two-Year 17. In each case, the types of 20. The Substitutions will take place Replacement Portfolios Expense investment advisory and administrative at relative net asset value with no Cap services provided to the Replacement change in the amount of any Contract Metropolitan Fund Davis Ven- Portfolios by MetLife Advisers are owner’s contract value or death benefit ture Value Portfolio (Class B) 1.68% comparable to the types of investment or in the dollar value of his or her Metropolitan Fund State Street advisory and administrative services investments in any of the subaccounts. Research Bond Income Port- provided to the Substituted Portfolios Contract owners will not incur any folio (Class B) ...... 1.28% by CDC IXIS Advisers, Loomis Sayles additional fees or charges as a result of and CGM. Thus, the level and quality of the Substitutions, nor will their rights or 22. At no time after the date of the services will remain high. Additionally, MetLife’s obligations under the Substitution will MetLife increase utilization of the Replacement Portfolios Contracts be altered in any way. All Contract charges or total Separate will permit Contract owners to continue expenses incurred in connection with Account charges (net of any waiver or to pursue comparable objectives after the Substitutions, including legal, reimbursements) of the subaccounts that the Substitutions. accounting, transactional, and other fees invest in the following Replacement 18. MetLife believes that the and expenses, including brokerage Portfolios: the Metropolitan Fund Harris elimination of the Substituted Portfolios commissions, will be paid by MetLife. Oakmark Large Cap Value Fund, the as investment options will make its In addition, the Substitutions will not Metropolitan Fund State Street Research Contracts more efficient to administer impose any tax liability on Contract Money Market Portfolio, or the and oversee and, thus, more cost- owners. The Substitutions will not Metropolitan Fund Alger Equity Growth

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Portfolio. If the total operating expenses without charge. In addition, within five Substitutions will be comparable to the for the Harris Oakmark Large Cap Value days after the Substitutions, all Contract level and quality of services provided by Fund, the State Street Research Money owners will be sent a written notice CDC IXIS Advisers, Loomis Sayles and Market Portfolio, or the Alger Equity informing them that the Substitutions CGM prior to the Substitutions. The Growth Portfolio (taking into account were carried out and advising them of actual investment management fee for any expense waiver or reimbursement) their transfer rights (‘‘Post-Substitution each Replacement Portfolio is expected for any fiscal quarter following the date Notice’’). to be less than, or the same as, the actual of Substitution exceed on an annualized Applicants’ Legal Analysis investment management fee for each basis the net expense ratio for its corresponding Substituted Portfolio, corresponding Substituted Portfolio for 1. Section 26(c) of the 1940 Act except for the Metropolitan Fund Alger the fiscal year ended December 31, 2002 (formerly, Section 26(b)) prohibits any Equity Growth Portfolio (the (for the Harris Associates Growth and depositor or trustee of a unit investment Replacement Portfolio for the CGM Income Fund and the CGM Advisor trust that invests exclusively in the Advisor Targeted Equity Fund) and the Targeted Equity Fund) or fiscal year securities of a single issuer from Metropolitan Fund Harris Oakmark ended June 30, 2003 (for the CDC Nvest substituting the securities of another Large Cap Value Fund (the Replacement Cash Management Trust—Money issuer without the approval of the Portfolio for the Harris Associates Market Series), MetLife will reduce Commission. Section 26(c) provides that Growth and Income Fund). Although (through waiver or reimbursement) the such approval shall be granted by order the actual investment management fee Separate Account expenses paid during of the Commission, if the evidence for the Metropolitan Fund Alger Equity that quarter of the subaccount that establishes that the substitution is Growth Portfolio for the fiscal year invests in such Replacement Portfolio to consistent with the protection of ended December 31, 2002 (0.75%) was the extent necessary to offset the investors and the purposes of the 1940 greater than the actual investment amount by which the Replacement Act. management fee for the CGM Advisor 2. Section 26(c) was intended to Portfolio’s expense ratio for such period Targeted Equity Fund for the fiscal year provide for Commission scrutiny of exceeds, on an annualized basis, the ended December 31, 2002 (0.69%), the proposed substitutions which could, in following levels: estimated overall expense ratio for the effect, force shareholders dissatisfied Class B shares of Metropolitan Fund with the substitute security to redeem Permanent Alger Equity Growth Portfolio for the Replacement portfolios expense their shares, thereby possibly incurring fiscal year ended December 31, 2002 cap a loss of the sales load deducted from (1.04%) was significantly less than the initial purchase payments, an additional Metropolitan Fund Harris overall expense ratio for the Class A sales load upon reinvestment of the Oakmark Large Cap Value proceeds of redemption, or both. The shares of CGM Advisor Targeted Equity Fund (Class B) ...... 1.53% Fund for the fiscal year ended December Metropolitan Fund State Street section was designed to forestall the ability of a depositor to present holders 31, 2002 (1.47%). Similarly, although Research Money Market the actual investment management fee Portfolio (Class B) ...... 0.88% of interest in a unit investment trust Metropolitan Fund Alger Equity with situations in which a holder’s only for the Metropolitan Fund Harris Growth Portfolio (Class B) .... 1.47% choice would be to continue an Oakmark Large Cap Value Fund for the investment in an unsuitable underlying fiscal year ended December 31, 2002 23. Contract owners were notified of security, or to elect a costly and, in (0.75%) was greater than the actual the initial Application by means of a effect, forced redemption. The investment management fee for the supplement to the prospectus that Applicants submit that the Substitutions Harris Associates Growth and Income disclosed that the Applicants filed the meet the standards set forth in Section Fund for the fiscal year ended December Application to seek approval for the 26(c) and that, if implemented, the 31, 2002 (0.67%), the estimated overall Substitutions. Further, before the Substitutions would not raise any of the expense ratio for the Class B shares of Effective Date, a notice (‘‘Pre- aforementioned concerns that Congress Metropolitan Fund Harris Oakmark Substitution Notice’’), in the form of an intended to address when the 1940 Act Large Cap Value Fund for the fiscal year additional supplement to the was amended to include this provision. ended December 31, 2002 (1.08%) was prospectuses for the Contracts, will be 3. The replacement of the Substituted significantly less than the overall mailed to Contract owners setting forth Portfolios with the Replacement expense ratio for the Class A shares of the scheduled Effective Date and Portfolios is consistent with the the Harris Associates Growth and advising Contract owners that contract protection of Contract owners and the Income Fund for the fiscal year ended values attributable to investments in the purposes fairly intended by the policy December 31, 2002 (1.53%). To ensure Substituted Portfolios will be and provisions of the 1940 Act and, such lower expenses, MetLife has transferred to the Replacement thus, meets the standards necessary to agreed to impose a permanent expense Portfolios, without charge, on the support an order pursuant to Section cap on the Metropolitan Fund Alger Effective Date. In addition, all Contract 26(c) of the 1940 Act. The investment Equity Growth Portfolio and the owners will have received a copy of the objectives and strategies of the Metropolitan Fund Harris Oakmark most recent Replacement Portfolio Replacement Portfolios are comparable Large Cap Value Fund as described prospectuses prior to the Substitutions. to the investment objectives and infra. The Effective Date will be no earlier strategies of their respective Substituted 5. Each Replacement Portfolio’s total than twenty days after the mailing of the Portfolios. In each case, the substitution expense ratio for the fiscal year ended Pre-Substitution Notice. The Pre- of a Replacement Portfolio for the December 31, 2002 was significantly Substitution Notice will state that, from corresponding Substituted Portfolio lower than the expense ratio of the the date the Application was filed with should assure that the essential corresponding Substituted Portfolio for the Commission through the date thirty investment objectives of Contract the fiscal year ended December 31, 2002 days after the Substitution, Contract owners will continue to be met. (fiscal year ended June 30, 2003 for the owners may transfer contract value from 4. The level and quality of services CDC Nvest Cash Management Trust any subaccount to any other subaccount provided by MetLife after the —Money Market Series and fiscal year

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ended September 30, 2003 for the 26(c) of the 1940 Act approving the For the Commission, by the Division of Loomis Sayles Core Plus Bond Fund). Substitutions by the Applicants. The Investment Management, pursuant to The Metropolitan Fund State Street Applicants submit that, for all the delegated authority. Research Money Market Portfolio’s total reasons stated above, the Substitutions Margaret H. McFarland, expense ratio for the fiscal year ended are consistent with the protection of Deputy Secretary. December 31, 2002 was lower that the investors and the purposes fairly [FR Doc. 04–4568 Filed 3–1–04; 8:45 am] CDC Nvest Cash Management Trust— intended by the provisions of the 1940 BILLING CODE 8010–01–P Money Market Series for the fiscal year Act. ended June 30, 2003, even though the Metropolitan Fund State Street Research Applicants’ Conditions for Relief SECURITIES AND EXCHANGE Money Market Portfolio imposes a 12b– COMMISSION For purposes of the approval sought 1 fee while the CDC Nvest Cash pursuant to Section 26(c) of the 1940 [Investment Company Act Release No. Management Trust—Money Market 26369; 812–12927] Series does not. To ensure such lower Act, the Substitutions described in this expenses, MetLife has agreed to impose amended and restated Application will not be completed unless all of the Real Estate Income Fund Inc., et al.; a permanent expense cap on the Notice of Application Metropolitan Fund State Street Research following conditions are met. Money Market Portfolio, as described 1. The Commission shall have issued February 25, 2004. infra. Further, the Replacement an order approving the Substitutions AGENCY: Securities and Exchange Portfolios generally have outperformed under Section 26(c) of the 1940 Act as Commission (‘‘Commission’’). the Substituted Portfolios over time and necessary to carry out the transactions ACTION: Notice of an application for an the generally increasing asset levels of described in this amended and restated order under section 6(c) of the the Replacement Portfolios should lead Application. Investment Company Act of 1940 (the to continued lower expense ratios over 2. Each Contract owner will have been ‘‘Act’’) for an exemption from section time. sent (a) prior to the Effective Date, a 19(b) of the Act and rule 19b–1 under 6. The rights of the Contract owners copy of the effective prospectuses for the Act. and the obligations of MetLife under the the Replacement Portfolios, (b) prior to Contracts would not be altered by the Summary of the Application: the Effective Date, a Pre-Substitution Substitutions except, of course, that Applicants request an order to permit Notice describing the terms of the Contract owners will not be able to certain registered closed-end Substitutions and the rights of the continue to allocate contract value to management investment companies to Contract owners in connection with the subaccounts that currently invest in the make periodic distributions of long-term Substitutions, and (c) a Post- Substituted Portfolios. Contract owners capital gains, as often as monthly, on Substitution Notice within five days will not incur any additional tax their outstanding common stock and as after the Substitutions informing them liability as a result of the Substitutions. often as distributions are specified in that the Substitutions were carried out MetLife will bear the costs of any legal the terms of any preferred stock. or accounting fees and transactional and advising them of their transfer Applicants: Real Estate Income Fund expenses of the Substitutions, including rights. Inc. (‘‘REIF’’), Salomon Brothers Capital brokerage commissions. 3. MetLife shall have satisfied itself Income Fund Inc. (‘‘SBCIF’’), Citi Fund 7. The Applicants assert that the that (a) the Contracts allow the Management Inc. (‘‘CFMI’’), Salomon procedures to be implemented are substitution of portfolios in the manner Brothers Asset Management Inc. sufficient to assure that each Contract contemplated by the Substitutions and (‘‘SBAM,’’ together with CFMI, the owner’s contract value immediately related transactions described herein, ‘‘Advisers’’) and each registered closed- after the Substitutions shall be equal to (b) the transactions can be end management investment company the contract value immediately before consummated as described in this currently or in the future advised by an the Substitutions, and that the amended and restated Application Adviser (including any successor in Substitutions will not affect the value of under applicable insurance laws, and (c) interest) 1 or by an entity controlling, the interests of those owners of other that any applicable regulatory controlled by, or under common control MetLife variable contracts (other than requirements in each jurisdiction where (within the meaning of section 2(a)(9) of the Contracts) who currently have the Contracts are qualified for sale have the Act) with the Advisers (included in contract value allocated to any of the been complied with to the extent the term Advisers) that decides in the portfolios of the Metropolitan Fund, the necessary to complete the transaction. future to rely on the requested relief CDC Nvest Cash Management Trust, the (together with REIF and SBCIF, the CDC Nvest Funds Trust II, or the CDC Conclusion ‘‘Funds’’).2 Nvest Funds Trust I. Filing Dates: The application was 8. The Applicants will permit Applicants request an order of the filed on February 6, 2003 and amended Contract owners to transfer contract Commission pursuant to Section 26(c) on February 23, 2004. value from any subaccount to any other of the Act approving the Substitution. Hearing or Notification of Hearing: An subaccount without charge, but subject Section 26(c), in pertinent part, provides order granting the application will be to minimum transfer requirements. The that the Commission shall issue an issued unless the Commission orders a Applicants also note that, in accordance order approving a substitution of with the terms of the Contracts, no sales securities if the evidence establishes 1 A successor in interest is limited to any entity charges or surrender charges or other that it is consistent with the protection that results from a reorganization into another charges will apply to transfers in of investors and the purposes fairly jurisdiction or a change in the type of business connection with the Substitutions, and intended by the policy and provisions of organization. MetLife represents that no such charge the Act. For the reasons and upon the 2 All existing Funds currently intending to rely on facts set forth above, the requested order the requested order are named as applicants, and shall be imposed. any Fund that may rely on the order in the future 9. The Applicants request an order of meets the standards set forth in Section will comply with the terms and conditions of the the Commission pursuant to Section 26(c) and should, therefore, be granted. application.

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hearing. Interested persons may request 2. The periodic pay-out policy with ability to comply with Revenue Ruling a hearing by writing to the respect to a Fund’s common shares will 89–81 will be enhanced. Commission’s Secretary and serving the be initially established and will be 4. Applicants request relief to permit Applicant with a copy of the request, reviewed at least annually by the board each Fund, so long as it maintains in personally or by mail. Hearing requests of directors/trustees (‘‘Board’’) of the effect a Distribution Policy, to make should be received by the Commission Fund, including a majority of the periodic long-term capital gains by 5:30 p.m. on March 22, 2004, and directors who are not ‘‘interested distributions, as often as monthly, on its should be accompanied by proof of persons,’’ as defined in section 2(a)(19) outstanding common stock and as service on the Applicant in the form of of the Act (‘‘Independent Members’’). specified by the terms of any preferred an affidavit or, for lawyers, a certificate On June 19, 2002, and November 13, stock outstanding. of service. Hearing requests should state 2003, REIF’s Board, including a majority Applicants’ Legal Analysis the nature of the writer’s interest, the of the Independent Members, concluded reason for the request, and the issues that the proposed distribution policies 1. Section 19(b) of the Act provides contested. Persons who wish to be of REIF, with respect to common shares that a registered investment company notified of a hearing may request only, would be in the best interests of may not, in contravention of such rules, notification by writing to the REIF’s shareholders. On January 20, regulations, or orders as the Commission’s Secretary. 2004, SBCIF’s Board, including a Commission may prescribe, distribute ADDRESSES: Secretary, Commission, 450 majority of the Independent Members, long-term capital gains more often than Fifth Street, NW., Washington, DC concluded that the proposed once every twelve months. Rule 19b– 20549–0609. Applicant, c/o Burton M. distribution policies of SBCIF, with 1(a) under the Act permits a registered Leibert, Esq., Willkie Farr & Gallagher, respect to common shares only, would investment company, with respect to 787 Seventh Avenue, New York, NY be in the best interests of SBCIF’s any one taxable year, to make one capital gain distribution, as defined in 10019. shareholders. section 852(b)(3)(C) of the Internal FOR FURTHER INFORMATION CONTACT: 3. The order would permit each Fund Revenue Code of 1986, as amended (the Bruce R. MacNeil, Senior Counsel, at to make periodic long-term capital gains ‘‘Code’’). Rule 19b–1(a) also permits a (202) 942–0634, or Todd Kuehl, Branch distributions as often as monthly with supplemental distribution to be made Chief, at (202) 942–0564 (Division of respect to its common stock and as often pursuant to section 855 of the Code not Investment Management, Office of as distributions are specified in the exceeding 10% of the total amount Investment Company Regulation). terms of its preferred stock,3 so long as distributed for the year. Rule 19b–1(f) SUPPLEMENTARY INFORMATION: The it maintains in effect a distribution permits one additional long-term capital following is a summary of the policy (a) with regard to their common gains distribution to be made to avoid application. The complete application stock of at least a minimum fixed the excise tax under section 4982 of the may be obtained for a fee from the percentage per year of the net asset Code. Commission’s Public Reference Branch, value (‘‘NAV’’) or market price per share 2. Applicants assert that rule 19b–1 450 Fifth Street, NW., Washington, DC of its common stock or at least a under the Act, by limiting the number 20549–0102 (telephone (202) 942–8090). minimum fixed dollar amount per year, of net long-term capital gains and (b) with regard to each series of distributions that the Funds may make Applicants’ Representations their preferred stock of a specified in any one year, would prevent 1. REIF is organized as a Maryland percentage of liquidation preference, implementation of the Funds’ proposed corporation and is registered under the whether such specified percentage is Distribution Policies. Applicants state Act as a non-diversified closed-end determined at the time the preferred that because each Fund expects to management investment company. stock is initially issued, or pursuant to realize net long-term capital gains as REIF’s primary investment objective is periodic remarketing or auctions often as every month, the combination to seek high current income by investing (‘‘Distribution Policies’’). The Boards of Revenue Ruling 89–81 and the at least 90% of its assets in income- also considered that the Distribution accounting interpretation relating to producing equity securities and debt Policies may help each Fund attract new rule 19b–1 would cause each Fund to securities issued by real estate investors which could have a positive treat a portion of such net long-term companies. REIF’s common stock is effect on the market price of each capital gains as being distributed each listed and traded on the New York Stock Fund’s common shares. In addition, time it has incremental or undistributed Exchange (‘‘NYSE’’). SBCIF is organized applicants state that to the extent that long-term capital gains for the current as a Maryland corporation and is any of the Fund’s preferred stock pays distribution period. Applicants state registered under the Act as a non- dividends less frequently than investors that Revenue Ruling 89–81 takes the diversified closed-end management in that type of preferred stock would position that if a regulated investment investment company. SBCIF’s expect, the Funds are at a competitive company has two classes of shares, it investment objective is total return with disadvantage and, consequently, are may not designate distributions made to an emphasis on income by investing at likely to be required to pay a higher either class in any year as consisting of least 80% of its assets in equity and dividend rate on their preferred stock more than such class’s proportionate fixed income securities of U.S. and than issuers who pay at the desired share of particular types of income, such foreign issuers. SBCIF’s common stock frequency. Applicants state that the as capital gains. Consequently, has been approved for listing on the frequency of the specified periodic applicants state that any payments of NYSE, subject to notice of issuance. payments with respect to preferred long-term capital gains to holders of CFMI and SBAM are registered as stock of the Funds and the periodic pay- common stock require proportionate investment advisers under the out with respect to common stock of the allocations of such long-term capital Investment Advisers Act of 1940 and Funds will not be related to one another gains to the preferred stock, which can serves as investment adviser to REIF in any way other than that the Funds’ be extremely difficult to do. and SBCIF, respectively. CFMI and 3. Applicants submit that one of the SBAM are indirect wholly owned 3 SBCIF has not issued and currently does not concerns leading to the enactment of subsidiaries of Citigroup Inc. intend to issue preferred stock. section 19(b) and the adoption of the

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rule was that shareholders might be of a quarterly dividend. Thus, For the Commission, by the Division of unable to distinguish between frequent applicants state that, in a rights offering, Investment Management, pursuant to distributions of capital gains and the abuse of selling the dividend could delegated authority. dividends from net investment income. not occur as a matter of timing. Any Margaret H. McFarland, Applicants state that, in accordance rights offering also will comply with all Deputy Secretary. with rule 19a–1 under the Act, a relevant Commission and staff [FR Doc. 04–4569 Filed 3–1–04; 8:45 am] statement showing the source or sources guidelines. In determining compliance BILLING CODE 8010–01–P of the distribution will accompany each with theses guidelines, a Fund’s Board distribution (or the confirmation of the will consider, among other things, the SECURITIES AND EXCHANGE reinvestment thereof under a Fund’s brokerage commissions that would be COMMISSION common stock distribution reinvestment paid in connection with the offering. plan). Applicants state that, for both the Any offering by a Fund of transferable [Release No. 34–49315; File No. SR–Amex– common stock and the preferred stock, rights will comply with any applicable 2004–08] the amount and sources of distributions rules of the National Association of received during the year has been or Self-Regulatory Organizations; Notice Securities Dealers, Inc. regarding the will be included on each Fund’s IRS of Filing and Order Granting Form 1099–DIV reports of distributions fairness of compensation. Accelerated Approval of a Proposed during the year, which will be sent to 5. Section 6(c) of the Act provides that Rule Change by the American Stock each shareholder who received the Commission may exempt any Exchange LLC Relating to Trust distributions (including shareholders person, security or transaction or class Certificates Linked to a Basket of who have sold shares during the year). or classes of any persons, securities, or Investment Grade Fixed Income Applicants state that this information, transactions from any provision of the Securities on an aggregate basis, also has been, or Act, or from any rule thereunder, if such February 24, 2004. will be, included in each Fund’s annual exemption is necessary or appropriate Pursuant to Section 19(b)(1) of the report to shareholders. in the public interest and consistent Securities Exchange Act of 1934 4. Another concern underlying with the protection of investors and the (‘‘Act’’),1 and Rule 19b–4 thereunder,2 section 19(b) and rule 19b–1 is that purposes fairly intended by the policy notice is hereby given that on January frequent capital gains distributions and provisions of the Act. For the 26, 2004, the American Stock Exchange could facilitate improper distribution reasons stated above, applicants believe LLC (‘‘Amex’’ or ‘‘Exchange’’) filed with practices, including, in particular, the that the requested relief satisfies this the Securities and Exchange practice of urging an investor to standard. Commission (‘‘SEC’’ or ‘‘Commission’’) purchase fund shares on the basis of an the proposed rule change as described upcoming distribution (‘‘selling the Applicants’ Condition in Items I and II below, which Items dividend’’), where the dividend results Applicants agree that any order have been prepared by the Exchange. in an immediate corresponding granting the requested relief with The Commission is publishing this reduction in net asset value and would respect to a Fund’s common stock shall notice to solicit comments on the be, in effect, a return of the investor’s proposed rule change from interested capital. Applicants submit that this terminate with respect to the Fund upon persons and is approving the proposal concern does not apply to closed-end the effective date of a registration on an accelerated basis. investment companies, such as the statement under the Securities Act of Funds, which do not continuously 1933, as amended, for any future public I. Self-Regulatory Organization’s distribute their shares. Applicants also offering of common stock of the Fund Statement of the Terms of Substance of assert that by paying out periodically after the date of the requested order and the Proposed Rule Change any capital gains that have occurred, at after the Fund’s initial public offering other than: The Exchange proposes to approve for least up to the fixed periodic payout listing and trading under Section 107A amount, the Funds’ Distribution Policies (i) A rights offering to shareholders of of the Amex Company Guide help avoid the buildup of end-of-the- such Fund, provided that (a) shares are (‘‘Company Guide’’), trust certificates year distributions and accordingly issued only within a 15-day period linked to a basket of investment grade actually help avoid the scenario in immediately following the record date fixed income debt instruments. which an investor acquires shares in the of a monthly dividend, or within the open market that are subject to a large six-week period immediately following II. Self-Regulatory Organization’s upcoming capital gains dividend. the record date of a quarterly dividend; Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Applicants also state that the ‘‘selling (b) the prospectus for such rights Change the dividend’’ concern is not applicable offering makes it clear that common to preferred stock, which entitles a shareholders exercising rights will not In its filing with the Commission, the holder to a specific periodic dividend be entitled to receive such dividend Amex included statements concerning and, like a debt security, is initially sold with respect to shares issued pursuant the purpose of, and basis for, the at a price based on its liquidation to such rights offering; and (c) such proposed rule change and discussed any preference, credit quality, dividend rate Fund has not engaged in more than one comments it received on the proposed and frequency of payment. In addition, rights offering during any given rule change. The text of these statements applicants state that any rights offering calendar year; or may be examined at the places specified will be timed so that shares issuable in Item III below. The Amex has upon exercise of the rights will be (ii) an offering in connection with a prepared summaries, set forth in issued only in the 15-day period merger, consolidation, acquisition, spin- Sections A, B, and C below, of the most immediately following the record date off or reorganization, unless such Fund significant aspects of such statements. for the declaration of a monthly has received from the staff of the dividend, or in the six-week period Commission written assurance that the 1 15 U.S.C. 78s(b)(1). immediately following the record date order will remain in effect. 2 17 CFR 240.19b–4.

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A. Self-Regulatory Organization’s of the Company Guide. At the time of of interest.8 The Exchange represents Statement of the Purpose of, and the issuance, the ABS Securities will that, to alleviate this cash flow timing Statutory Basis for, the Proposed Rule receive an investment grade rating from issue, the Trust will enter into an Change a nationally recognized securities rating interest distribution agreement organization (‘‘NRSRO’’). The issuance 1. Purpose (‘‘Interest Distribution Agreement’’) as of the ABS Securities will be a described in the prospectus supplement Under Section 107A of the Company repackaging of the Underlying Corporate related to the ABS Securities Guide, the Exchange may approve for Bonds together with the addition of (‘‘Prospectus Supplement’’).9 Principal listing and trading securities which either Treasury Securities or GSE distributions on the ABS Securities are cannot be readily categorized under the Securities,7 with the obligation of the expected to be made on dates that listing criteria for common and Trust to make distributions to holders of correspond to the maturity dates of the preferred stocks, bonds, debentures, or the ABS Securities depending on the 3 Underlying Securities (i.e., the warrants. The Amex proposes to list for amount of distributions received by the Underlying Corporate Bonds and trading under Section 107A of the Trust on the Underlying Securities. Treasury Securities or GSE Securities). Company Guide, the asset-backed However, due to the pass-through and However, some of the Underlying securities (the ‘‘ABS Securities’’) passive nature of the ABS Securities, the Securities may have redemption representing ownership interests in the Exchange intends to rely on the assets provisions and in the event of an early Select Notes Trust 2004–02 (‘‘Trust’’), a and stockholder equity of the issuers of redemption or other liquidation (e.g., special purpose trust to be formed by the Underlying Corporate Bonds as well upon an event of default) of the Structured Obligations Corporation as GSE Securities, rather than the Trust Underlying Securities, the proceeds (‘‘SOC’’),4 and the trustee of the Trust to meet the requirement in Section 107A from such redemption (including any pursuant to a trust agreement, which of the Company Guide. The corporate make-whole premium associated with will be entered into on the date that the issuers of the Underlying Corporate such redemption) or liquidation will be ABS Securities are issued. The assets of Bonds and GSE Securities will meet or distributed pro rata to the holders of the the Trust will consist primarily of a exceed the requirements of Section ABS Securities. Each Underlying basket or portfolio of up to 107A of the Company Guide. The Corporate Bond will be issued by a approximately twenty-five (25) distribution and principal amount/ corporate issuer and purchased in the investment-grade fixed-income aggregate market value requirements secondary market. securities (‘‘Underlying Corporate found in Section 107A(b) and (c), Bonds’’) and United States Department respectively, will otherwise be met by In the case of Treasury Securities, the of Treasury STRIPS or securities issued the Trust as issuer of the ABS Trust will either purchase the securities by the United States Department of the Securities. In addition, the Exchange for directly from primary dealers or in the Treasury (‘‘Treasury Securities’’) or purposes of including Treasury secondary market that consists of government sponsored entity securities Securities will rely on the fact that the primary dealers, non-primary dealers, (‘‘GSE securities’’). In the aggregate, the issuer is the U.S. Government rather customers, financial institutions, non- component securities of the basket or than the asset and stockholder tests financial institutions and individuals. portfolio will be referred to as the found in Section 107A. Similarly, in the case of GSE Securities, ‘‘Underlying Securities.’’ The basket of Underlying Securities the Trust will either purchase the The ABS Securities will conform to will not be managed and will generally securities directly from the issuer or in the initial listing guidelines under remain static over the term of the ABS the secondary market. Section 107A 5 and continued listing Securities. Each of the Underlying 6 Holders of the ABS Securities guidelines under Sections 1001–1003 Securities provide for the payment of generally will receive interest on the interest on a semi-annual basis, but the face value in an amount to be 3 See Securities Exchange Act Release No. 27753 ABS Securities will provide for monthly determined at the time of issuance of (March 1, 1990), 55 FR 8626 (March 8, 1990) (order or quarterly distributions of interest. approving File No. SR–Amex–89–29). the ABS Securities and disclosed to 4 SOC is a wholly-owned special purpose entity Neither the Treasury Securities or GSE investors. The rate of interest payments of J.P. Morgan Securities Holdings Inc. and the Securities will make periodic payments will be based upon prevailing interest registrant under the Form S–3 Registration rates at the time of issuance and made Statement (No. 333–67188) under which the consider removing from listing any security where, securities will be issued. in the opinion of the Exchange, it appears that the to the extent that coupon payments are 5 The initial listing standards for the ABS extent of public distribution or aggregate market received from the Underlying Securities. Securities require: (1) A minimum public value has become so reduced to make further Distributions of interest will be made distribution of one million units; (2) a minimum of dealings on the Exchange inadvisable. With respect monthly or quarterly. Investors will also 400 shareholders; (3) a market value of at least $4 to continued listing guidelines for distribution of million; and (4) a term of at least one year. the ABS Securities, the Exchange will rely on the be entitled to be repaid the principal of However, if traded in thousand dollar guidelines for bonds in Section 1003(b)(iv). Section their ABS Securities from the proceeds denominations, then there is no minimum holder 1003(b)(iv)(A) provides that the Exchange will of the principal payments on the requirement. In addition, the listing guidelines normally consider suspending dealings in, or provide that the issuer have assets in excess of $100 removing from the list, a security if the aggregate million, stockholder’s equity of at least $10 million, market value or the principal amount of bonds 8 A stripped fixed income security, such as a and pre-tax income of at least $750,000 in the last publicly held is less than $400,000. Treasury Security or GSE Security, is a security that fiscal year or in two of the three prior fiscal years. 7 A GSE Security is a security that is issued by is separated into its periodic interest payments and In the case of an issuer which is unable to satisfy a government-sponsored entity such as Federal principal repayment. The separate strips are then the earning criteria stated in Section 101 of the National Mortgage Association (‘‘Fannie Mae’’), sold individually as zero coupon securities Company Guide, the Exchange pursuant to Section Federal Home Loan Mortgage Corporation (‘‘Freddie providing investors with a wide choice of 107A of the Company Guide will require the issuer Mac’’), Student Loan Marketing Association (‘‘Sallie alternative maturities. to have the following: (1) Assets in excess of $200 Mae’’), the Federal Home Loan Banks and the 9 Pursuant to the Interest Distribution Agreement, million and stockholders’ equity of at least $10 Federal Farm Credit Banks. All GSE debt is shortfalls in the amounts available to pay monthly million; or (2) assets in excess of $100 million and sponsored but not guaranteed by the federal or quarterly interest to holders of the ABS stockholders’ equity of at least $20 million. government, whereas government agencies such as Securities due to the Underlying Securities paying 6 The Exchange’s continued listing guidelines are Government National Mortgage Association interest semi-annually will be made to the Trust by set forth in Sections 1001 through 1003 of Part 10 (‘‘Ginnie Mae’’) are divisions of the United States JP Morgan Chase Bank or one of its affiliates and to the Exchange’s Company Guide. Section 1002(b) government whose securities are backed by the full will be repaid out of future cash flow received by of the Company Guide states that the Exchange will faith and credit of the United States. the Trust from the Underlying Securities.

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Underlying Securities.10 The payout or current rating to the debt security that Price and transaction information for return to investors on the ABS is no lower than an S&P Corporation Treasury Securities and GSE Securities Securities will not be leveraged. (‘‘S&P’’) ‘‘B’’ rating or equivalent rating may also be obtained at http:// The ABS Securities will mature on by another NRSRO; or (5) or if no www.publicdebt.treas.gov and http:// the latest maturity date of the NRSRO has assigned a rating to the www.govpx.com, respectively. Price Underlying Securities. Holders of the issue, an NRSRO has currently assigned quotes are also available to investors via ABS Securities will have no direct (i) an investment grade rating to an proprietary systems such as Bloomberg ability to exercise any of the rights of a immediately senior issue or (ii) a rating L.P., Reuters and Dow Jones Telerate. holder of an Underlying Corporate that is no lower than a S&P ‘‘B’’ rating Valuation prices 15 and analytical data Bond; however, holders of the ABS or an equivalent rating by another may be obtained through vendors such Securities as a group will have the right NRSRO to a pari passu or junior issue. as Bridge Information Systems, Muller to direct the Trust in its exercise of its In addition to the Exchange’s Bond Data, Capital Management Sciences, rights as holder of the Underlying and Debenture Listing Standards, an Interactive Data Corporation and Barra. Securities. Underlying Security must also be of The ABS Securities will be listed in The proposed ABS Securities are investment grade quality as rated by an $1,000 denominations with the virtually identical to a product currently NRSRO and at least 75% of the Exchange’s existing debt floor trading listed and traded on the Exchange.11 underlying basket is required to contain rules applying to trading.16 First, The only difference being the actual Underlying Securities from issuances of pursuant to Amex Rule 411, the Underlying Securities in the basket of $100 million or more. The maturity of Exchange will impose a duty of due investment grade fixed-income each Underlying Security is expected to diligence on its members and member securities. Accordingly, the Exchange match the payment of principal of the firms to learn the essential facts relating also proposes to provide for the listing ABS Securities with the maturity date of to every customer prior to trading the and trading of the ABS Securities where the ABS Securities being the latest ABS Securities.17 Second, the ABS the Underlying Securities meet the maturity date of the Underlying Securities will be subject to the debt 18 Exchange’s Bond and Debenture Listing Securities. Amortization of the ABS margin rules of the Exchange. Third, Standards set forth in Section 104 of the Securities will be based on (1) the the Exchange will, prior to trading the Company Guide. The Exchange respective maturities of the Underlying ABS Securities, distribute a circular to represents that all of the Underlying Securities, including Treasury the membership providing guidance Securities in the proposed basket will Securities or GSE Securities, (2) with regard to member firm compliance meet or exceed these listing standards. principal payout amounts reflecting the responsibilities (including suitability The Exchange’s Bond and Debenture pro-rata principal amount of maturing recommendations) when handling Listing Standards in Section 104 of the Underlying Securities and (3) any early transactions in the ABS Securities and Company Guide provide for the listing redemption or liquidation of the highlighting the special risks and of individual bond or debenture Underlying Securities, including characteristics of the ABS Securities. issuances provided the issue has an Treasury Securities or GSE Securities. With respect to suitability Investors will be able to obtain the aggregate market value or principal recommendations and risks, the prices for the Underlying Securities amount of at least $5 million and any Exchange will require members, through Bloomberg L.P. or other market of: (1) The issuer of the debt security has member organizations and employees vendors, including the broker-dealer equity securities listed on the Exchange thereof recommending a transaction in through whom the investor purchased (or on the New York Stock Exchange the ABS Securities: (1) To determine the ABS Securities.12 In addition, The (‘‘NYSE’’) or on the Nasdaq National that such transaction is suitable for the Bond Market Association (‘‘TBMA’’) customer, and (2) to have a reasonable Market (‘‘Nasdaq’’)); (2) an issuer of provides links to price and other bond equity securities listed on the Exchange basis for believing that the customer can information sources on its investor Web evaluate the special characteristics of, (NYSE or on the Nasdaq) directly or site at http:// indirectly owns a majority interest in, or and is able to bear the financial risks of www.investinginbonds.com. Transaction such transaction. is under common control with, the prices and volume data for the most issuer of the debt security; (3) an issuer The Exchange represents that its actively traded bonds on the exchanges surveillance procedures are adequate to of equity securities listed on the are also published daily in newspapers Exchange (or on the NYSE or on the properly monitor the trading of the ABS and on a variety of financial Web sites. Securities. Specifically, the Amex will Nasdaq) has guaranteed the debt The National Association of Securities security; (4) an NRSRO has assigned a rely on its existing surveillance Dealers, Inc. (‘‘NASD’’) Trade Reporting procedures governing debt, which have and Compliance Engine (‘‘TRACE’’) also 10 The Underlying Securities may drop out of the basket upon maturity or upon payment default or will help investors obtain transaction 15 ‘‘Valuation Prices’’ refer to an estimated price acceleration of the maturity date for any default information for the most active that has been determined based on an analytical other than payment default. See Prospectus for a corporate debt securities, such as evaluation of a bond in relation to similar bonds schedule of the distribution of interest and of the investment grade corporate bonds.13 For that have traded. Valuation prices are based on principal upon maturity of each Underlying bond characteristics, market performance, changes Security and for a description of payment default a fee, investors can have access to intra- in the level of interest rates, market expectations 14 and acceleration of the maturity date. day bellwether quotes. and other factors that influence a bond’s value. 11 See Securities Exchange Act Release Nos. 16 The ABS Securities will trade on Amex’s debt 48791 (November 17, 2003), 68 FR 65750 12 The prices of Underlying Securities generally trading floor. Telephone conversation between (November 21, 2003) (File No. SR–Amex–2003–92); will be determined by one or more market makers Jeffrey P. Burns, Associate General Counsel, Amex, 48312 (August 8, 2003), 68 FR 48970 (August 15, in accordance with applicable law and self- and Florence Harmon, Senior Special Counsel, 2003) (File No. SR–Amex–2003–69); 47884 (May regulatory organization rules. Division of Market Regulation, Commission, on 16, 2003), 68 FR 28305 (May 23, 2003) (File No. SR– 13 See Securities Exchange Act Release No. 43873 February 24, 2004. Amex–2003–37); 47730 (April 24, 2003), 68 FR (January 23, 2001), 66 FR 8131 (January 29, 2001). 17 Amex Rule 411 requires that every member, 23340 (May 1, 2003) (File No. SR–Amex–2003–25); Investors are able to access TRACE information at member firm or member corporation use due 46923 (November 27, 2002), 67 FR 72247 http://www.nasdbondinfo.com/. diligence to learn the essential facts, relative to (December 4, 2002) (File No. SR–Amex–2002–92); 14 Corporate prices are available at 20-minute every customer and to every order or account and 46835 (November 14, 2002), 67 FR 70271 intervals from Capital Management Services at accepted. (November 21, 2002) (File No. SR–Amex–2002–70). http://www.bondvu.com/. 18 See Amex Rule 462.

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been deemed adequate under the Act. In provisions of 5 U.S.C. 552, will be Treasury Securities or GSE Securities addition, the Exchange also has a available for inspection and copying in will make periodic payments of general policy, which prohibits the the Commission’s Public Reference interest.24 In addition, the ABS distribution of material, non-public Room. Copies of such filing will also be securities will mature on the latest information by its employees. available for inspection and copying at maturity date of the Underlying the principal office of the Exchange. All Securities.25 However, due to the pass- 2. Statutory Basis submissions should refer to the File No. through nature of the ABS Securities, The Exchange believes that the SR–Amex–2004–08 and should be the level of risk involved in the proposed rule change is consistent with submitted by March 23, 2004. purchase or sale of the ABS Securities Section 6 of the Act 19 in general and is similar to the risk involved in the IV. Commission’s Findings and Order furthers the objectives of Section purchase or sale of traditional common Granting Accelerated Approval of 6(b)(5) 20 in particular in that it is stock. Proposed Rule Change designed to prevent fraudulent and The Commission notes that the manipulative acts and practices, After careful consideration, the Exchange’s rules and procedures that promote just and equitable principles of Commission finds that the proposed address the special concerns attendant trade, remove impediments to and rule change is consistent with the to the trading of hybrid securities will perfect the mechanisms of a free and requirements of the Act and the rules be applicable to the ABS Securities. In open market and a national market and regulations thereunder applicable to particular, by imposing the hybrid system, and, in general, protect a national securities exchange, and, in listing standards, suitability, disclosure, investors and the public interest. particular, with the requirements of and compliance requirements noted section 6(b)(5) of the Act.21 The above, the Commission believes the B. Self-Regulatory Organization’s Commission finds that this proposal is Exchange has addressed adequately the Statement on Burden on Competition similar to several approved equity- potential problems that could arise from The Exchange does not believe that linked instruments currently listed and the hybrid nature of the ABS Securities. the proposed rule change will impose traded on the Amex.22 Accordingly, the Moreover, the Commission notes that any burden on competition. Commission finds that the listing and the Exchange will distribute a circular trading of the ABS Securities is to its membership calling attention to C. Self-Regulatory Organization’s consistent with the Act and will the specific risks associated with the Statement on Comments on the promote just and equitable principles of ABS Securities. Proposed Rule Change Received From trade, foster cooperation and The Commission notes that the ABS Members, Participants or Others coordination with persons engaged in Securities are dependent upon the The Exchange did not receive any regulating, clearing, settling, processing individual credit of the issuers of the written comments on the proposed rule information with respect to, and Underlying Securities. To some extent change. facilitating transactions in securities, this credit risk is minimized by the and, in general, protect investors and Exchange’s listing standards in Section III. Solicitation of Comments the public interest consistent with 107A of the Company Guide which Interested persons are invited to Section 6(b)(5) of the Act.23 provide that only issuers satisfying asset submit written data, views and As described more fully above, the and equity requirements may issue arguments concerning the foregoing, ABS securities are asset-backed securities such as the ABS Securities. In including whether the proposal is securities and represent a repackaging of addition, the Exchange’s ‘‘Other consistent with the Act. Persons making the Underlying Corporate Bonds Securities’’ listing standards further written submissions should file six together with the addition of either provide that there is no minimum copies thereof with the Secretary, Treasury Securities or GSE Securities, holder requirement if the securities are Securities and Exchange Commission, subject to certain distribution of interest traded in thousand dollar 450 Fifth Street NW., Washington, DC obligations of the Trust. The ABS denominations.26 The Commission 20549–0609. Comments may also be Securities are not leveraged notes that the Exchange has represented submitted electronically at the following instruments. The ABS Securities are that the ABS Securities will be listed in e-mail address: [email protected]. debt instruments whose price will still $1000 denominations with its existing All comment letters should refer to File be derived and based upon the value of debt floor trading rules applying to the No. SR–Amex–2004–08. The file the Underlying Securities. The trading. In any event, financial number should be included on the Exchange represents that the value of information regarding the issuers of the subject line if e-mail is used. To help the the Underlying Securities will be Underlying Securities will be publicly Commission process and review your determined by one or more market available.27 Due to the pass-through and comments more efficiently, comments makers, in accordance with Exchange passive nature of the ABS Securities, the should be sent in hardcopy or by e-mail rules. Investors are guaranteed at least Commission does not object to the but not by both methods. Copies of the the principal amount that they paid for Exchange’s reliance on the assets and submission, all subsequent the Underlying Securities. In addition, amendments, all written statements each of the Underlying Corporate Bonds 24 See supra note 8. with respect to the proposed rule will pay interest on a semi-annual basis 25 The Commission notes, however, that the change that are filed with the while the ABS securities themselves Exchange has represented that the Underlying Commission, and all written will pay interest on a monthly or Securities may drop out of the basket upon maturity quarterly basis, pursuant to the Interest or upon payment default or acceleration of the communications relating to the maturity date for any default other than payment proposed rule change between the Distribution Agreement. Neither the default. See Prospectus for a schedule of the Commission and any person, other than distribution of interest and of the principal upon those that may be withheld from the 21 Id. maturity of each Underlying Security and for a 22 description of payment default and acceleration of public in accordance with the See supra note 11. 23 15 U.S.C. 78f(b)(5). In approving this rule, the the maturity date. Commission notes that it has considered the 26 See Company Guide Section 107A. 19 15 U.S.C. 78f(b). proposed rule’s impact on efficiency, competition, 27 The ABS Securities will be registered under 20 15 U.S.C. 78f(b)(5). and capital formation. 15 U.S.C. 78c(f). section 12 of the Act.

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stockholder equity of the Underlying requested accelerated approval because proposed rule change from interested Securities rather than the Trust to meet this product is similar to several other parties. the requirement in Section 107A of the asset-backed instruments currently I. Self-Regulatory Organization’s Company Guide. The Commission notes listed and traded on the Amex.28 The Statement of the Terms of Substance of that the distribution and principal Commission believes that the ABS the Proposed Rule Change amount/aggregate market value Securities will provide investors with requirements found in Sections 107A(b) an additional investment choice and The purpose of the proposed rule and (c), respectively, will otherwise be that accelerated approval of the change is to allow FICC to amend rules met by the Trust as issuer of the ABS proposal will allow investors to begin for its Government Securities Division Securities. Thus, the ABS Securities trading the ABS Securities promptly. (‘‘GSD’’) and Mortgage-Backed will conform to the initial listing Additionally, the ABS Securities will be Securities Division (‘‘MBSD’’) regarding guidelines under Section 107A and listed pursuant to Amex’s existing member compliance with applicable continued listing guidelines under hybrid security listing standards as laws in the use of FICC’s services, use Sections 1001–1003 of the Company described above. Based on the above, of modern forms of signatures, and the Guide, except for the assets and the Commission believes that there is non-eligibility of certain securities.2 stockholder equity characteristics of the good cause, consistent with Sections 29 II. Self-Regulatory Organization’s Trust. At the time of issuance, the 6(b)(5) and 19(b)(2) of the Act to Statement of the Purpose of, and Commission also notes that the ABS approve the proposal on an accelerated Statutory Basis for, the Proposed Rule Securities will receive an investment basis. Change grade rating from an NRSRO. The Commission also believes that the V. Conclusion In its filing with the Commission, listing and trading of the ABS Securities It is therefore ordered, pursuant to FICC included statements concerning should not unduly impact the market Section 19(b)(2) of the Act,30 that the the purpose of and basis for the for the Underlying Securities or raise proposed rule change (SR–Amex–2004– proposed rule change and discussed any manipulative concerns. As discussed 08) is hereby approved on an comments it received on the proposed more fully above, the Exchange accelerated basis. rule change. The text of these statements represents that, in addition to requiring For the Commission, by the Division of may be examined at the places specified the issuers of the Underlying Securities Market Regulation, pursuant to delegated in Item IV below. FICC has prepared meet the Exchange’s Section 107A authority.31 summaries, set forth in sections (A), (B), listing requirements (in the case of and (C) below, of the most significant Margaret H. McFarland, Treasury securities, the Exchange will aspects of these statements.3 Deputy Secretary. rely on the fact that the issuer is the U.S. (A) Self-Regulatory Organization’s Government rather than the asset and [FR Doc. 04–4573 Filed 3–1–04; 8:45 am] BILLING CODE 8010–01–P Statement of the Purpose of, and stockholder tests found in Section Statutory Basis for, the Proposed Rule 107A), the Underlying Securities will Change also be required to meet or exceed the Exchange’s Bond and Debenture Listing SECURITIES AND EXCHANGE 1. Compliance With Laws COMMISSION Standards pursuant to Section 104 of The proposed rule change will allow the Amex’s Company Guide, which [Release No. 34–49317; File No. SR–FICC– FICC to add language to GSD and MBSD among other things, requires that 2003–12] rules to clarify and to remind members underlying debt instrument receive at of the requirement to comply with all least an investment grade rating of ‘‘B’’ Self-Regulatory Organizations; Fixed Income Clearing Corporation; Notice of applicable laws in connection with their or equivalent from an NRSRO. 4 Filing and Immediate Effectiveness of use of FICC’s services. In particular, Furthermore, at least 75% of the basket members should be cognizant of all is required to contain Underlying Proposed Rule Change Relating to Modifications to FICC’s Rules applicable securities, taxation, and Securities from issuances of $100 money laundering laws because these million or more. The Amex also Regarding Member Compliance With Applicable Laws, Modern Forms of laws are likely to be invoked each time represents that the basket of Underlying a member submits a transaction for Securities will not be managed and will Signatures, and Non-Eligibility of Certain Securities processing through FICC. For example, remain static over the term of the ABS a member must comply with the securities. In addition, the Amex’s February 24, 2004. applicable requirements pertaining to it surveillance procedures will serve to Pursuant to Section 19(b)(1) of the deter as well as detect any potential Securities Exchange Act of 1934 2 On January 1, 2003, the MBS Clearing manipulation. (‘‘Act’’),1 notice is hereby given that on Corporation (‘‘MBSCC’’) was merged into the The Commission notes that the October 17, 2003, Fixed Income Government Securities Clearing Corporation (‘‘GSCC’’), and GSCC was renamed FICC. FICC investors may obtain price information Clearing Corporation (‘‘FICC’’) filed on the Underlying Securities through operates through two divisions, the Government with the Securities and Exchange Securities Division (the ‘‘GSD,’’ formerly GSCC) and market venders such Bloomberg, L.P., or Commission (‘‘Commission’’) the the Mortgage-Backed Securities Division (‘‘MBSD,’’ though Web sites such as http:// proposed rule change as described in formerly MBSCC) handling Government securities and mortgage-backed securities transactions, www.investinginbonds.com (for Items I, II, and III below, which items Underlying Corporate Bonds) and http:/ respectively. Each Division has retained its own set have been prepared primarily by FICC. of rules. This rule filing will implement changes to /www.publicdebt.treas.gov and http:// The Commission is publishing this the rules of both the GSD and MBSD. Changes to www.govpx.com (for Treasury Securities notice to solicit comments on the the MBSD rules will affect both clearing and and GSE Securities, respectively). electronic pool notification (‘‘EPN’’) services. 3 The Commission has modified the text of the The Commission finds good cause for 28 See supra note 11. summaries prepared by FICC. approving the proposed rule change 29 15 U.S.C. 78f(b)(5) and 78s(b)(2). 4 FICC will add language to GSD Rule 3, Section prior to the thirtieth day after the date 30 15 U.S.C. 78o–3(b)(6) and 78s(b)(2). 8 and amend language in MBSD Article III, Rule 1, of publication of notice thereof in the 31 17 CFR 200.30–3(a)(12). Section 7 of the clearing rulebook and in MBSD Federal Register. The Amex has 1 15 U.S.C. 78s(b)(1). Article VIII, Rule 1, Section 5 of the EPN rulebook.

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that are contained in the Uniting and solicited or received. FICC will notify such filing also will be available for Strengthening America by Providing the Commission of any written inspection and copying at the principal Appropriate Tools Required to Intercept comments received by FICC. office of FICC. Copies of the proposed and Obstruct Terrorism (USA Patriot rule change and all subsequent III. Date of Effectiveness of the Act) Act 5 prior to submitting a amendments are also available at Proposed Rule Change and Timing for transaction for processing through www.ficc.com. All submissions should Commission Action FICC’s systems. Members cannot use refer to File No. SR–FICC–2003–12 and FICC’s system in furtherance of The foregoing rule change took effect should be submitted by March 23, 2004. violation of any laws. upon filing pursuant to Section 8 For the Commission, by the Division of 19(b)(3)(A)(iii) of the Act and Rule Market Regulation, pursuant to delegated 2. Electronic Signatures 9 19b–4(f)(4) thereunder because the authority.10 The proposed rule change will also proposal effected a change in an existing Margaret H. McFarland, allow FICC to update its rules with service of FICC that (i) does not Deputy Secretary. respect to acceptable forms of adversely affect the safeguarding of signatures. Currently, GSD Rule 32 securities or funds in FICC’s custody or [FR Doc. 04–4571 Filed 3–1–04; 8:45 am] permits GSD to accept documents from control or for which it was responsible BILLING CODE 8010–01–P members that have been executed using and (ii) does not significantly affect the mechanically reproduced facsimile respective rights or obligations of FICC SECURITIES AND EXCHANGE signatures. The proposed rule change or persons using the service. At any COMMISSION modernizes Rule 32 to permit GSD at its time within sixty days of the filing of option to accept other forms of such rule change, the Commission could [Release No. 34–49316; File No. SR–FICC– signatures, such as electronic signatures, have summarily abrogated such rule 2003–11] in lieu of original signatures. change if it appeared to the Commission The MBSD does not currently have a that such action was necessary or Self-Regulatory Organizations; Fixed provision regarding acceptable forms of appropriate in the public interest, for Income Clearing Corporation; Notice of signatures in its rules. This filing adds the protection of investors, or otherwise Filing and Immediate Effectiveness of Article V, Rule 16 to MBSD’s clearing in furtherance of the purposes of the a Proposed Rule Change Relating to rulebook and Article X, Rule 15 to the Act. Notification Obligations EPN rulebook. The new language will IV. Solicitation of Comments February 24, 2004. mirror the language in GSD Rule 32. Pursuant to Section 19(b)(1) of the Interested persons are invited to 3. Non-Eligibility of Certain Securities Securities Exchange Act of 1934 submit written data, views, and (‘‘Act’’),1 notice is hereby given that on The proposed rule change will also arguments concerning the foregoing, October 30, 2003, the Fixed Income allow FICC to amend its definition of including whether the proposed rule Clearing Corporation (‘‘FICC’’) filed ‘‘eligible security’’ to make clear that change is consistent with the Act. with the Securities and Exchange any security of an issuer that either is Persons making written submissions Commission (‘‘Commission’’) the listed on the U.S. Department of the should file six copies thereof with the proposed rule change as described in Treasury’s Office of Foreign Assets Secretary, Securities and Exchange Items I, II, and III below, which Items Control (‘‘OFAC’’) issuer list or is Commission, 450 Fifth Street, NW., have been prepared primarily by FICC. incorporated in a country that is on the Washington, DC 20549–0609. On October 30, 2003, FICC also filed an OFAC list of pariah countries cannot be Comments may also be submitted amendment to the proposed rule an eligible security for purposes of electronically at the following e-mail 6 change. The Commission is publishing FICC’s rules. address: [email protected]. All this notice to solicit comments on the The proposed rule change is comment letters should refer to File No. proposed rule change, as amended, from consistent with Section 17A(b)(3)(F) of SR–FICC–2003–12. This file number interested persons. the Act 7 and the rules and regulations should be included on the subject line thereunder because it will allow FICC to if e-mail is used. To help the I. Self-Regulatory Organization’s enhance compliance with applicable Commission process and review your Statement of the Terms of Substance of laws, thereby reducing risk, and to comments more efficiently, comments the Proposed Rule Change modernize its rules. should be sent in either hardcopy or by The proposed rule change will modify (B) Self-Regulatory Organization’s e-mail but not by both methods. Copies the rules of FICC’s Government Statement on Burden on Competition of the submission, all subsequent Securities Division (‘‘GSD’’) and the amendments, all written statements Mortgage-Backed Securities Division FICC does not believe that the with respect to the proposed rule (‘‘MBSD’’) so that notices disseminated proposed rule change will have an change that are filed with the to members in an electronic format will impact on or impose a burden on Commission, and all written satisfy each Division’s notification competition. communications relating to the obligations. (C) Self-Regulatory Organization’s proposed rule change between the II. Self-Regulatory Organization’s Statement on Comments on the Commission and any person, other than Statement of the Purpose of, and Proposed Rule Change Received From those that may be withheld from the Statutory Basis for, the Proposed Rule Members, Participants or Others public in accordance with the provisions of 5 U.S.C. 552, will be Change Written comments relating to the available for inspection and copying in In its filing with the Commission, proposed rule change have not yet been the Commission’s Public Reference FICC included statements concerning Section, 450 Fifth Street, NW., the purpose of and basis for the 5 15 U.S.C. 7001–7006, 7021, and 7031 (2000). 6 The affected rules are GSD Rule 1; MBSD, Washington, DC 20549–0609. Copies of proposed rule change and discussed any clearing rulebook, Rule 1; and MBSD, EPN rulebook, Article VI, Rule 2. 8 15 U.S.C. 78s(b)(3)(A)(iii). 10 17 CFR 200.30–3(a)(12). 7 15 U.S.C. 78q–1(b)(3)(F). 9 17 CFR 240.19b-4(f)(4). 1 15 U.S.C. 78s(b)(1).

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comments it received on the proposed C. Self-Regulatory Organization’s at http://www.ficc.com/gov/ rule change. The text of these statements Statement on Comments on the gov.docs.jsp?NS-query=. All may be examined at the places specified Proposed Rule Change Received From submissions should refer to File No. in Item IV below. FICC has prepared Members, Participants, or Others SR–FICC–2003–11 and should be summaries, set forth in sections A, B, FICC has not solicited or received submitted by March 23, 2004. and C below, of the most significant written comments relating to the For the Commission by the Division of 2 Market Regulation, pursuant to delegated aspects of such statements. proposed rule change. FICC will notify 5 the Commission of any written authority. A. Self-Regulatory Organization’s comments it receives. Margaret H. McFarland, Statement of the Purpose of, and Deputy Secretary. Statutory Basis for, the Proposed Rule III. Date of Effectiveness of the [FR Doc. 04–4572 Filed 3–1–04; 8:45 am] Change Proposed Rule Change and Timing for Commission Action BILLING CODE 8010–01–P Currently, GSD’s rules require The foregoing rule change has become Important Notices to be delivered to effective pursuant to section SECURITIES AND EXCHANGE members in hard copy format via U.S. 3 19(b)(3)(A)(iii) of the Act and Rule COMMISSION mail, facsimile, or by hand delivery only 19b–4(f)(3)4 thereunder because it is when specifically requested in writing concerned solely with the [Release No. 34–49314; File Nos. SR–NYSE– by a member. MBSD’s rules do not administration of FICC. At any time 2004–03; SR–NASD–2004–020] currently provide for a specific method within 60 days of the filing of such Self-Regulatory Organizations; Notice of delivering Important Notices to proposed rule change, the Commission of Filing of Proposed Rule Changes by members. could have summarily abrogated such the New York Stock Exchange, Inc. and FICC believes that delivering rule change if it appeared to the the National Association of Securities Important Notices by e-mail is an Commission that such action was Dealers, Inc. Relating to Certain necessary or appropriate in the public effective and timely method of Prerequisites to and Exemptions From interest, for the protection of investors, communicating important information Taking the Research Analyst or otherwise in furtherance of the Qualification Examination (‘‘Series 86/ to members. FICC now proposes to purposes of the Act. change the GSD’s and MBSD’s rules in 87’’) IV. Solicitation of Comments an identical manner so that GSD and February 24, 2004. MBSD have explicit authority to do so. Interested persons are invited to Pursuant to section 19(b)(1) 1 of the In addition to the above, FICC submit written data, views, and Securities Exchange Act of 1934 (the proposes to amend GSD’s rules to (i) arguments concerning the foregoing, ‘‘Act’’ or ‘‘Exchange Act’’), and Rule eliminate the provision that allows including whether the proposed rule 19b–4 thereunder,2 notice is hereby members to request hand delivery of change is consistent with the Act. given that on January 30, 2004, the New Important Notices and (ii) permit Persons making written submissions York Stock Exchange, Inc. (‘‘NYSE’’ or should file six copies thereof with the delivery of notices to members by the ‘‘Exchange’’), and on February 3, Secretary, Securities and Exchange posting the notices on FICC’s Web site 2004, the National Association of Commission, 450 5th Street NW., and have these postings satisfy FICC’s Securities Dealers, Inc. (‘‘NASD’’), filed Washington, DC 20549–0069. with the Securities and Exchange notification obligations. FICC believes Comments may also be submitted that given the other methods of Commission (‘‘SEC’’ or the electronically at the following e-mail ‘‘Commission’’) the proposed rule providing notices, hand delivery is no address: [email protected]. All changes as described in Items I, II, and less optimal because it is a burdensome comment letters should refer to File No. III below, which Items have been process for both FICC and members. No SR–FICC–2003–11. This file number prepared by the respective self- FICC member has requested hand- should be included on the subject line regulatory organizations (‘‘SROs’’). The delivery of Important Notices. Members if e-mail is used. To help the Commission is publishing this notice to will be able to readily access all FICC Commission process and review your solicit comments on the proposed rule important notices by accessing FICC’s comments more efficiently, comments changes from interested persons. Web site at http://www.ficc.com. should be sent in hardcopy or by e-mail I. Self-Regulatory Organizations’ FICC believes that the proposed rule but not by both methods. Copies of the submission, all subsequent Statements of the Terms of Substance of change is consistent with the amendments, all written statements the Proposed Rule Changes requirements of the Act and the rules with respect to the rule filing that are The NYSE is proposing an and regulations thereunder because it filed with the Commission, and all interpretation to NYSE Rule 344 to will facilitate the timely dissemination written communications relating to the establish certain prerequisites to, and of information necessary for rule filing between the Commission and exemptions from, taking the Research participation in FICC’s services. any person, other than those that may be Analyst Qualification Examination B. Self-Regulatory Organization’s withheld from the public in accordance (‘‘Series 86/87’’). Statement on Burden on Competition with provisions of 5 U.S.C. 552, will be NASD is proposing to amend NASD available for inspection and copying in Rule 1050 to set forth certain FICC does not believe that the the Commission’s Public Reference prerequisites and exemptions for the proposed rule change will have any Room in Washington, DC. Copies of requirement that all associated persons impact or impose any burden on such filing will also be available for who function as research analysts be competition. inspection and copying at FICC’s registered with NASD and pass a principal office and on FICC’s Web site 5 17 CFR 200.30–3(a)(12). 2 The Commission has modified the text of the 3 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1). summaries prepared by FICC. 4 17 CFR 200.19b–4(f)(3)(iii). 2 17 CFR 240.19b–4.

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qualification examination. Specifically, Experience analysts shall be registered with NASD. the proposed rule change would (1) Appropriate experience for a Before [their] registration[s] as a establish, as a prerequisite to be candidate for Supervisory Analyst Research Analyst can become effective, registered as a research analyst, the means having at least three years prior [they]an applicant shall: requirement that an applicant also be experience within the immediately (1) be registered pursuant to Rule registered pursuant to NASD Rule 1032 preceding six years involving securities 1032 as a General Securities as a General Securities Representative or financial analysis. Examples of Representative; and (2) pass a Qualification Examination and (2) provide for an exemption from appropriate experience may include the for Research Analysts as specified by the analytical portion of the Research following: Analyst Qualification Examination (a) Equity or Fixed Income Research the Board of Governors. (b) For the purposes of this Rule 1050, (Series 86) for certain applicants who Analyst; have passed both Levels I and II of the (b) Credit Analyst for a securities ‘‘research analyst’’ shall mean an Chartered Financial Analyst (‘‘CFA’’) rating agency; associated person who is primarily Examination. (c) Supervising preparation of responsible for the preparation of the Below is the text of the proposed rule materials prepared by financial/ substance of a research report or whose changes. Proposed new language is in securities analysts; name appears on a research report. italics; proposed deletions are in (d) Financial analytical experience (c) Upon written request pursuant to [brackets]. gained at banks, insurance companies or the Rule 9600 Series, NASD will grant other financial institutions; a waiver from the analytical portion of A. NYSE’s Proposed Interpretation Text (e) Academic experience relating to the Research Analyst Qualification NYSE Rule 344 RESEARCH the financial/securities markets/ Examination (Series 86) upon ANALYSTS AND SUPERVISORY industry. verification that the applicant has ANALYSTS passed Levels I and II of the Charter /02 Director of Research Financial Analyst Examination and has /01 Qualifications A person having the title of ‘‘Director either (1) functioned as a research Research Analyst candidates shall of Research’’ need not be a supervisory analyst continuously since having qualify by taking the Research Analyst analyst as defined by the Rule so long passed the Level II examination or (2) Qualification Examination (Series 86/ as he does not approve research reports. applied for registration as a research 87). For purposes of this interpretation, If, however, such a person is in charge analyst within two years of having the term ‘‘research analyst’’ is defined of registered representatives, he must passed the Level II examination. An in Rule 344.10. The Series 86 covers qualify as a supervisory person under applicant who has been granted such an fundamental security analysis and Rule 342.13. exemption still must become registered as a General Securities Representative valuation of equity securities. The Series /03 Chartered Financial Analyst (CFA) 87 covers pertinent rules and and then complete the regulatory regulations of the self-regulatory Successful completion of the CFA portion of the Research Analyst organizations, and the SEC. Level I Examination given by the Qualification Examination (Series 87) Supervisory Analyst candidates shall Institute of Chartered Financial Analysts before that applicant can be registered qualify by taking and passing the (in lieu of completion of Levels I, II and as a Research Analyst. Supervisory Analyst (Series 16) III for a full CFA designation) will * * * * * Examination. suffice to allow a Supervisory Analyst candidate to qualify by taking Part I of 9600. PROCEDURES FOR Pre-requisite the Series 16 Qualification Examination. EXEMPTIONS The General Securities Registered Successful completion of Levels I and 9610. Application Representative Examination (Series 7) II of the CFA Examination allows a qualification is a prerequisite for any Research Analyst candidate to request (a) Where to File Research Analyst candidate prior to an exemption from Part I (Series 86) of A member seeking exemptive relief as taking either Part I (Series 86) or Part II the Research Analyst Qualification permitted under Rules 1021, 1050, 1070, (Series 87) of the Research Analyst Examination. If an exemption is granted 2210, 2315, 2320, 2340, 2520, 2710, Qualification Examination. for Part I (Series 86), a candidate will be 2720, 2810, 2850, 2851, 2860, Alternatively, the United Kingdom qualified as a Research Analyst after Interpretive Material 2860–1, 3010(b)(2), Limited Registered Representative passing Part II (Series 87) only. 3020, 3150, 3210, 3230, 3350, 8211, (Series 17) Examination and the To qualify for a CFA exemption a 8212, 8213, 11870, or 11900, Canadian Limited Registered Research Analyst candidate must have: Interpretive Material 2110–1, or Representative (Series 37/38) (i) Completed the CFA Part II within two Municipal Securities Rulemaking Board Examination will also serve as years of application for registration or Rule G–37 shall file a written prerequisites to taking either Part I or (ii) functioned as a research analyst application with the appropriate Part II of the Research Analyst continuously since having passed the department or staff of the Association Qualification Examination. CFA Part II. Applicants that have and provide a copy of the application to In satisfying the Series 7, Series 17 or completed the CFA Part II that do not the Office of General Counsel of NASD Series 37/38 examination prerequisite, meet criteria (i) or (ii) where good cause Regulation. Research Analyst candidates will not be is shown based upon previous related (b) through (c) No change. required to complete the four month employment experience may make a * * * * * post-examination training period written request to the Exchange for an required of Registered Representative exemption. II. Self-Regulatory Organizations’ Statements of the Purpose of, and candidates pursuant to Rule 345.15/02 B. NASD’s Proposed Rule Text (see page 3459). Candidates that have Statutory Basis for, the Proposed Rule failed either Part I or II of the 1050. Registration of Research Analysts Changes examination must wait 30 days before (a) All persons associated with a In their filings with the Commission, retaking either part of the examination. member who are to function as research the NYSE and NASD included

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statements concerning the purpose of securities. Candidates will be allotted the Chartered Financial Analyst and basis for the proposed rule changes. 240-minutes to complete Part I. Part II, (‘‘CFA’’) Examination, to request an The text of these statements may be the Series 87, consists of 50 questions, exemption from Part I (Series 86) of the examined at the places specified in Item which primarily address pertinent SRO Research Analyst Qualification IV below. NYSE and NASD have and SEC rules and regulations, Examination. A Research Analyst prepared summaries, set forth in including the recent Research Analysts’ candidate that has passed Levels I and Sections A, B, and C below. Conflict Rules. Candidates will be II of the CFA Examination will have allotted 90 minutes to complete Part II. evidenced proficiency in ‘‘Investment A. Self-Regulatory Organizations’ The requirement to take and pass the Statements of the Purpose of, and Tools’’ and ‘‘Asset Valuation’’ (2 major proposed Series 86/87 examination topic areas of the exam). Exchange staff Statutory Basis for, the Proposed Rule applies to all prospective and current Changes has reviewed the CFA Level I and II research analysts, as the term is defined examinations and has determined that 1. NYSE’s Purpose in Exchange Rule 344.10, which the content coverage is comparable to Recent amendments to NYSE Rule provides that the term ‘‘research the Series 86. Many research analysts 344 (‘‘Research Analysts and analyst’’ includes a member, allied have completed CFA Levels I and II, and Supervisory Analysts’’) require Research member, or employee who is primarily it is not necessary to re-qualify them Analysts to be registered with, qualified responsible for the preparation of the with respect to such analytical skills. As by, and approved by the Exchange. The substance of a research report and/or such, granting an exemption from the Exchange is proposing to adopt a new whose name appears on such report. securities analysis and equity valuation interpretation to NYSE Rule 344 to Individuals who are currently part (Series 86) of the examination can establish certain prerequisites to and functioning as Research Analysts will be be done without compromising any exemptions from the requirement that required to pass the Series 86/87 regulatory concerns. Analysts granted Research Analysts pass a new examination within one year of its waivers of the Series 86 will still be qualification examination. implementation date. required to pass the Series 87 dealing The proposed interpretation to NYSE with industry rules and regulations. Background Rule 344 would require taking the To qualify for the CFA exemption to General Securities Registered On July 29, 2003, the SEC approved the examination requirement a Research Representative Examination (Series 7) as amendments to Exchange Rules 472 Analyst candidate must have: (i) a prerequisite to taking either Part I or (‘‘Communications with the Public’’), Completed the CFA Part II within 2 Part II of the Research Analyst 351 (‘‘Reporting Requirements’’), 344 years of application for registration or Qualification Examination. Although (‘‘Research Analysts and Supervisory (ii) functioned as a research analyst Analysts’’ (formerly titled ‘‘Supervisory certain subject areas of the Series 7 examination are not directly related to continuously since having passed the Analysts’)), and 345A (‘‘Continuing CFA Part II. Applicants that have Education for Registered Persons’’) a research analyst’s job, the knowledge required to pass the Series 7 completed the CFA Part II that do not (collectively referred to as the ‘‘Research meet either of the above criteria, may, Analysts’’ Conflicts Rules’’).3 examination will provide an analyst with good general background upon a showing of good cause based The Research Analysts’ Conflicts upon previous related employment Rules include, a new registration information on the industry and address regulatory concerns in instances when experience, make a written request to category and qualification examination the Exchange for an exemption. for research analysts, address potential an analyst might participate in sales and conflicts of interest, and require solicitation activities. Moreover, the 2. NYSE’s Statutory Basis disclosure in research reports and Series 7 examination which tests, among other topics, ‘‘communications The statutory basis for this proposed during public appearances by research rule change is section 6(c)(3)(B) of the analysts of other potential conflicts of with the public’’ and ‘‘know your Exchange Act.4 Under that Section, it is interest. The NYSE believes that the customer’’ rules, would serve an the Exchange’s responsibility to Research Analyst Qualification important regulatory purpose to have prescribe standards of training, Examination represents a continuation research analysts Series 7 qualified. experience and competence for persons of the SRO regulatory effort to safeguard Alternatively, the United Kingdom associated with Exchange members and the investing public from potential (‘‘UK’’) Limited Registered member organizations. conflicts of interest relating to research Representative (Series 17) Examination analysts. NYSE believes that the new and the Canadian Limited Registered In addition, under section 6(c)(3)(B) of 5 qualification examination, in Representative (Series 37/38) the Exchange Act, the Exchange may conjunction with the new rules, assist in Examination will also serve as bar a natural person from becoming a protecting the investing public by prerequisites to taking either Part I or member or person associated with a requiring research analysts to Part II of the Research Analyst member, if such natural person does not demonstrate that they are competent to Qualification Examination. Persons meet such standards of training, perform their jobs and are qualified to conduct a general public experience and competence as knowledgeable about the new regulatory securities business in the UK and prescribed by the rules of the Exchange. requirements affecting them. Canada respectively can also be Pursuant to this statutory obligation, the The Research Analyst Qualification qualified for the same in the U.S. by Exchange has: (i) Developed an Examination (Series 86/87) is a five-and- taking the Series 17 or Series 37/38 in examination that will be administered a-half hour examination, consisting of lieu of the Series 7. These examinations to establish that Research Analysts have 150 questions. The exam is divided into are intended to cover subject matter attained specified levels of competence two parts. Part I, the Series 86, consists unique to the U.S. securities markets and knowledge, and (ii) proposed an of 100 questions, which address security otherwise not covered by the UK/ interpretation to establish certain analysis and valuation of equity Canada examinations. requirements and pre-requisites for The proposed interpretation also 3 See Securities Exchange Act Release No. 48252 allows a research analyst candidate that 4 15 U.S.C. 78f(c)(3)(B). (July 29, 2003), 68 FR 45875 (August 4, 2003). has passed both Level I and Level II of 5 Id.

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analysts before taking such an areas tested in Levels I and II of that practices, to promote just and equitable examination. examination to be comparable to topics principles of trade, and, in general, to covered by the Series 86 examination. protect investors and the public interest. 1. NASD’s Purpose Moreover, NASD believes that the NASD believes that the proposed rule The proposed rule change would minimum passing scores for Levels I change is consistent with the provisions implement certain aspects of NASD and II of the CFA examination are of the Act noted above in that it will Rule 1050, which requires that sufficient to ensure that those who ensure that those functioning as associated persons who function as succeed in passing those Levels have research analysts possess a minimum research analysts register with NASD obtained a level of analytic competency competency level and knowledge of and pass a qualification examination. commensurate with a passing score on applicable laws, rules and regulations, NASD Rule 1050 is intended to ensure the Series 86 examination. Accordingly, thereby enhancing investor protection. that research analysts possess a certain the proposed rule change would provide B. Self-Regulatory Organizations’ competency level to perform their jobs for an exemption 7 from the Series 86 Statements on Burden on Competition effectively and in accordance with examination where an applicant has applicable rules and regulations. The passed Levels I and II of the CFA NYSE and NASD do not believe that proposed rule change would require examination and either (i) functioned as the proposed rule changes will result in such persons not only to pass the a research analyst continuously since any burden on competition that is not Research Analyst Qualification having passed Level II or (ii) applied for necessary or appropriate in furtherance Examination (Series 86/87), but also to registration as a research analyst within of the purposes of the Exchange Act, as be registered pursuant to NASD Rule two years of having passed Level II. amended. 1032 as a General Securities NASD believes these limitations will C. Self-Regulatory Organizations’ Representative (Series 7, 17, 37 or 38). ensure that applicants have current Statements on Comments on the The proposed rule change further would knowledge of the concepts covered by Proposed Rule Changes Received From provide for an exemption from the the CFA Level I and II examinations, as Members, Participants or Others Series 86 analytical portion of the well as familiarity with the current qualification examination for certain regulatory environment. Applicants The NYSE and NASD have neither associated persons who have passed who do not meet these criteria may, solicited nor received written comments both Levels I and II of the CFA based upon previous related on the proposed rule changes. Examination administered by the employment/experience, make written Association for Investment Management III. Date of Effectiveness of the request to NASD for a waiver.8 and Research (‘‘AIMR’’). Proposed Rule Changes and Timing for An applicant who has been granted As to the General Representative Commission Action qualification requirement, NASD such an exemption still must become believes it is important for those registered as a General Securities Within 35 days of the date of functioning as research analysts to be Representative and then complete the publication of this notice in the Federal familiar with general industry rules and regulatory portion of the Research Register or within such longer period (i) practices, particularly those of Analyst Qualification Examination as the Commission may designate up to registered representatives, who are a (Series 87) before the applicant can be 90 days of such date if it finds such primary source for distributing research. registered and function as a Research longer period to be appropriate and The requirement further would develop Analyst. publishes its reasons for so finding, or (ii) as to which the Exchange consents, in research analysts a sensitivity to the 4. NASD’s Statutory Basis interests of public customers who are the Commission: the end users of their work product. NASD believes that the proposed rule (a) By order approve such proposed change is consistent with the provisions rule change, or According to NASD, the proposed 9 Series 86/87 examination program was of section 15A(b)(6) of the Act, which (b) institute proceedings to determine developed jointly by NASD and NYSE requires, among other things, that NASD whether the proposed rule change staff in consultation with a committee of rules must be designed to prevent should be disapproved. fraudulent and manipulative acts and research analysts, and the committee IV. Solicitation of Comments unanimously recommended that 7 Initially, the Series 86 exemption must be research analysts be required to pass the requested and granted manually; however, NASD Interested persons are invited to Series 7 in addition to a more job- anticipates that at some point the exemption will submit written data, views, and specific research analyst qualification be granted automatically through the CRD system. arguments concerning the foregoing, examination.6 8 Pursuant to NASD Rule 1070 and the NASD including whether the proposed rule NASD intends to require applicants to Rule 9600 Series, NASD may, in exceptional cases changes are consistent with the Act. and where good cause is shown, waive the pass the Series 7 examination prior to applicable qualification examination and accept Persons making written submissions taking the Series 86 or 87 examinations. other standards as evidence of an applicant’s should file six copies thereof with the NASD believes this is the most logical qualifications for registration. While NASD will Secretary, Securities and Exchange testing sequence and will provide a consider waivers of the Series 86/87 in Commission, 450 Fifth Street, NW., extraordinary circumstances, in light of the purpose better foundation for applicants to of the new research analyst qualification Washington, DC 20549–0609. understand and address the more requirements, NASD does not intend to grant Comments may also be submitted specific topics and rules covered by the waivers except to those who have either passed the electronically at the following e-mail Series 86 and 87 examinations. Series 86/87 or the CFA Levels I and II. To request address: [email protected]. All NASD has reviewed the content of the either the CFA exemption or a waiver, a member must submit a written request to NASD’s Testing comment letters should refer to File CFA examination and found the major and Qualification Department on behalf of the Nos. SR–NYSE–2004–03, SR–NASD– applicant that sets forth the basis for the request. 2004–020. These file numbers should be 6 The Series 17, 37, and 38 are modified versions If granted, NASD will then enter the exemption or included on the subject line if e-mail is of the Series 7 for associated persons who are waiver in the CRD system, which will register the registered in good standing with the Financial applicant as a research analyst when the other used. To help the Commission process Services Authority of the United Kingdom or one examination requirements have been satisfied. and review your comments more of the Canadian securities regulatory organizations. 9 15 U.S.C. 78o–3(b)(6). efficiently, comments should be sent in

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hard copy or by e-mail but not by both MidMark Capital II, L.P. as defined in Dated: February 24, 2004. methods. Sec. 107.50 of the regulations. Hector V. Barreto, Copies of the submission, all Notice is hereby given that any Administrator. subsequent amendments, all written interested person may submit written [FR Doc. 04–4576 Filed 3–1–04; 8:45 am] statements with respect to the proposed comments on the transaction to the BILLING CODE 8025–01–P rule changes that are filed with the Associate Administrator for Investment, Commission, and all written U.S. Small Business Administration, communications relating to the 409 Third Street, SW., Washington, DC DEPARTMENT OF STATE proposed rule changes between the 20416. [Public Notice 4610] Commission and any person, other than Dated: February 25, 2004. those that may be withheld from the Jeffrey D. Pierson, public in accordance with the Shipping Coordinating Committee; provisions of 5 U.S.C. 552, will be Associate Administrator for Investment. Notice for Change of Meeting [FR Doc. 04–4575 Filed 3–1–04; 8:45 am] available for inspection and copying in This provides notice of a change in BILLING CODE 8025–01–P the Commission’s Public Reference the date, time and location of the Room. Copies of such filings will also be Shipping Coordinating Committee available for inspection and copying at SMALL BUSINESS ADMINISTRATION (SHC) announced on February 17, 2004, the principal offices of the NYSE and through meeting notice 4603. The SHC NASD. All submissions should refer to [Declaration of Disaster # 3566] will now conduct an open meeting at 10 the file numbers SR–NYSE–2004–03, a.m. on Friday, March 5, 2004, in Room SR–NASD–2004–020 and should be Commonwealth of Pennsylvania 1303 of the United States Coast Guard submitted by March 17, 2004. Headquarters Building, 2100 Second For the Commission, by the Division of Greene County and the contiguous Street, SW., Washington, DC 20593– Market Regulation, pursuant to delegated counties of Fayette and Washington in 0001. The primary purpose of the authority.10 the Commonwealth of Pennsylvania; meeting remains to prepare for the 12th Margaret H. McFarland, and Marshall, Monongalia, and Wetzel session of the International Maritime Deputy Secretary. Counties in the State of West Virginia Organization (IMO) Sub-Committee on [FR Doc. 04–4570 Filed 3–1–04; 8:45 am] constitute a disaster area as a result of Flag State Implementation to be held at severe storms and flooding that BILLING CODE 8010–01–P IMO Headquarters in London, England occurred on November 19 and 20, 2003. from March 15th to 19th. Applications for loans for physical The primary matters to be considered damage as a result of the disaster may SMALL BUSINESS ADMINISTRATION include: be filed until the close of business on • Measures to enhance maritime [MidMark Capital II, L.P License No. 02/72– April 26, 2004 and for economic injury security; 0602] until the close of business on November • Responsibilities of governments and 24, 2004 at the address listed below or measures to encourage flag State Notice Seeking Exemption Under other locally announced locations: U.S. compliance; Section 312 of the Small Business Small Business Administration, Disaster • PSC on seafarer’s working hours; Investment Act, Conflicts of Interest Area 1 Office, 360 Rainbow Blvd., South • Comprehensive analysis of Notice is hereby given that MidMark 3rd Floor, Niagara Falls, NY 14303. difficulties encountered in the Capital II, L.P., 177 Madison Avenue, The interest rates are: implementation of IMO instruments; Morristown, New Jersey 07960, a • Regional cooperation on port State Federal Licensee under the Small Percent control; • Business Investment Act of 1958, as For Physical Damage: Reporting procedures on port State amended (‘‘the Act’’), in connection Homeowners with credit avail- control detentions and analysis and with the financing of a small concern, able elsewhere ...... 6.250 evaluation of reports; has sought an exemption under section Homeowners without credit • Mandatory reports under MARPOL 312 of the Act and Section 107.730, available elsewhere ...... 3.125 73/78; Financings which Constitute Conflicts Businesses with credit available • Casualty statistics and of Interest of the Small Business elsewhere ...... 6.123 investigations; Administration (‘‘SBA’’) Rules and Businesses and non-profit orga- • PSC officer training for bulk nizations without credit avail- Regulations (13 CFR 107.730 (2003)). carriers; able elsewhere ...... 3.061 • MidMark Capital II, L.P. proposes to Others (including non-profit or- Development of provisions on provide equity financing to Kane ganizations) with credit avail- transfer of class; Magnetics Acquisition, LLC. The able elsewhere ...... 4.875 • Review of the Survey Guidelines financing is contemplated for an For Economic Injury: under the HSSC (resolution A.746(18)); acquisition. Businesses and small agricul- • Marking the ship’s plans, manuals The financing is brought within the tural cooperatives without and other documents with the IMO ship purview of Section 107.730(a)(1) of the credit available elsewhere ..... 3.061 identification number; Regulations because MidMark Equity • Illegal, unregulated and unreported Partners II, L.P., an Associate of The numbers assigned to this disaster (IUU) fishing and implementation of MidMark Capital II, L.P., currently owns for physical damage are 356611 for resolution A.925(22); greater than ten percent of Kane Pennsylvania and 356711 for West • Consideration of IACS unified Magnetics Acquisition, LLC and Virginia. For economic injury, the interpretations; therefore Kane Magnetics Acquisition, numbers are 9Z4600 for Pennsylvania • Unique IDs for companies and LLC is considered an Associate of and 9Z4700 for West Virginia. registered owners; (Catalog of Federal Domestic Assistance • Review of reporting requirements 10 17 CFR 200.30–3(a)(12). Program Nos. 59002 and 59008.) for reception facilities.

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Members of the public may attend committees, and matters arising from SUPPLEMENTARY INFORMATION: Type of this meeting up to the seating capacity the twenty-second extraordinary session Request: Regular submission, proposal of the room. Interested persons may of the Council and the twenty-third to reinstate with change a previously seek information by writing to regular session of the Assembly. Finally approved collection for which approval Commander Linda Fagan, Commandant the committee will review technical has expired (OMB control number (G–MOC), U.S. Coast Guard cooperation: Subprogramme for 3316–0062). Headquarters, 2100 Second Street, SW., maritime legislation in addition to Title of Information Collection: TVA Room 1116, Washington, DC 20593– allotting time to address any other Procurement Documents, including 0001 or by calling (202) 267–2978. issues that may arise on the Legal Invitation To Bid, Request for Proposal, Dated: February 24, 2004. Committee’s work program. Request for Quotation, and other related Procurement or Sales Documents. Steven Poulin, Members of the public are invited to attend the SHC meeting up to the Frequency of Use: On occasion. Executive Secretary, Shipping Coordinating Type of Affected Public: Individuals Committee, Department of State. seating capacity of the room. To facilitate the building security process, or households, businesses or other for- [FR Doc. 04–4605 Filed 3–1–04; 8:45 am] those who plan to attend should call or profit, non-profit institutions, small BILLING CODE 4710–07–P send an e-mail two days before the businesses or organizations. meeting. Upon request, participating by Small Business or Organizations Affected: Yes. DEPARTMENT OF STATE phone may be an option. For further information please contact Captain Federal Budget Functional Category [Public Notice 4611] Joseph F. Ahern or Lieutenant Martha Code: 999. Rodriguez, at U.S. Coast Guard, Office of Estimated Number of Annual Shipping Coordinating Committee Maritime and International Law (G- Responses: 24,300. Notice of Change in Meeting LMI), 2100 Second Street, SW., Estimated Total Annual Burden Washington, DC 20593–0001; e-mail Hours: 49,100. This provides notice of a change in Estimated Average Burden Hours Per [email protected], telephone location for the meeting of the U.S. Request: 0.49. (202) 267–1527; fax (202) 267–4496. Shipping Coordinating Committee Need For and Use of Information: (SHC) announced on February 17, 2004, Dated: February 24, 2004. TVA procures goods and services to through Notice 4604. The SHC will now Steve Poulin, fulfill its statutory obligations and sells conduct an open meeting at 10 a.m. on Executive Secretary, Shipping Coordinating surplus items to recover a portion of its Tuesday, April 13, 2004, in Room 4342 Committee, Department of State. investment costs. This activity must be at the Department of Transportation, [FR Doc. 04–4606 Filed 3–1–04; 8:45 am] conducted in compliance with a variety 400 7th & D Streets, SW., Washington, BILLING CODE 4710–07–P of applicable laws, regulations, and DC 20590–0001. The purpose of this Executive Orders. Vendors and meeting remains to prepare for the purchasers who voluntarily seek to Eighty-Eighth Session of the contract with TVA are affected. International Maritime Organization’s TENNESSEE VALLEY AUTHORITY Jacklyn J. Stephenson, (IMO) Legal Committee (LEG 88) Paperwork Reduction Act of 1995, as scheduled from April 19, to April 23, Senior Manager, Enterprise Operations, Amended by Public Law 104–13; Information Services. 2004. Submission for OMB Review; [FR Doc. 04–4558 Filed 3–1–04; 8:45 am] The provisional LEG 88 agenda calls Comment Request for the Legal Committee to review the BILLING CODE 8120–08–P Convention for the Suppression of AGENCY: Tennessee Valley Authority. Unlawful Acts against the Safety of ACTION: Submission for OMB review; TENNESSEE VALLEY AUTHORITY Maritime Navigation, 1988, and its comment request. Protocol of 1988 relating to Fixed Paperwork Reduction Act of 1995, as Platforms Located on the Continental SUMMARY: The proposed information Shelf (SUA Convention and Protocol). collection described below will be Amended by Public Law 104–13; Also the Committee will examine the submitted to the Office of Management Submission for OMB Review; draft Wreck Removal Convention. To be and Budget (OMB) for review, as Comment Request addressed as well is the Provision of required by the Paperwork Reduction AGENCY: Tennessee Valley Authority. Financial Security which includes a Act of 1995 (44 U.S.C. Chapter 35, as ACTION: Submission for OMB Review; progress report on the work of the Joint amended). The Tennessee Valley comment request. IMO/ILO Ad Hoc Expert Working Group Authority is soliciting public comments on Liability and Compensation on this proposed collection as provided SUMMARY: The proposed information regarding claims for Death, Personal by 5 CFR 1320.8(d)(1). Requests for collection described below will be Injury and Abandonment of Seafarers, information, including copies of the submitted to the Office of Management and includes follow-up resolutions information collection proposed and and Budget (OMB) for review, as adopted by the International Conference supporting documentation, should be required by the Paperwork Reduction on the Revision of the Athens directed to the Agency Clearance Act of 1995 (44 U.S.C. Chapter 35, as Convention relating to the Carriage of Officer: Alice D. Witt, Tennessee Valley amended). The Tennessee Valley Passengers and their Luggage by Sea, Authority, 1101 Market Street (EB 5B), Authority is soliciting public comments 1974. The Legal Committee will Chattanooga, Tennessee 37402–2801; on this proposed collection as provided examine places of refuge, measures to (423) 751–6832. (SC: 000YZN1) by 5 CFR Section 1320.8(d)(1). Requests protect crews and passengers against Comments should be sent to OMB for information, including copies of the crimes committed on vessels, as well as Office of Information and Regulatory information collection proposed and monitoring of the implementation of the Affairs, Attention: Desk Officer for supporting documentation, should be HNS Convention, access of news media Tennessee Valley Authority no later directed to the Agency Clearance to the proceedings of institutionalized than April 1, 2004. Officer: Alice D. Witt, Tennessee Valley

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Authority, 1101 Market Street (EB–5B), seq.). The due date for Answers, Due Date for Answers, Conforming Chattanooga, TN 37402–2801; (423) Conforming Applications, or Motions to Applications, or Motion to Modify 751–6832. (SC: 0003D1Z) Comments Modify Scope are set forth below for Scope: March 12, 2004. should be sent to OMB Office of each application. Following the Answer Description: Application of Skylink Information and Regulatory Affairs, period DOT may process the application Airways, Inc., requesting a certificate of Attention: Desk Officer for Tennessee by expedited procedures. Such public convenience and necessity to Valley Authority no later than April 1, procedures may consist of the adoption engage in foreign scheduled and charter 2004. of a show-cause order, a tentative order, air transportation of passengers and SUPPLEMENTARY INFORMATION: Type of or in appropriate cases a final order cargo. without further proceedings. Request: Regular submission; proposal Andrea M. Jenkins, Docket Number: OST–2003–14296. for an extension of a currently approved Program Manager, Docket Operations, collection, with revisions, which will Date Filed: January 16, 2003. Due Date for Answers, Conforming Federal Register Liaison. expire February 29, 2004 (OMB control [FR Doc. 04–4578 Filed 3–1–04; 8:45 am] number 3316–0009). Applications, or Motion to Modify BILLING CODE 4910–62–P Title of Information Collection: Salary Scope: February 6, 2003. Survey for Salary Policy Bargaining Unit Description: Application of Cayman Airways Limited (‘‘CAL’’), requesting an Employees. DEPARTMENT OF TRANSPORTATION Frequency of Use: Triennial. amendment of its foreign air carrier Type of affected Public: State or local permit to authorize CAL to serve an Federal Aviation Administration governments, Federal agencies, non- additional U.S. point, Ft. Lauderdale, [Summary Notice No. PE–2004–11A] profit institutions, businesses, or other FL. for-profit. Andrea M. Jenkins, Petitions for Exemption; Summary of Small Businesses or Organizations Program Manager, Docket Operations, Petitions Received Affected: No. Federal Register Liaison. Federal Budget Functional Category [FR Doc. 04–4577 Filed 3–1–04; 8:45 am] AGENCY: Federal Aviation Administration (FAA), DOT. Code: 999. BILLING CODE 4910–62–P Estimated Number of Triennial ACTION: Notice of petitions for Responses: 100. exemption received and of dispositions Estimated Total Triennial Burden DEPARTMENT OF TRANSPORTATION of prior petitions. Hours: 1,400. Estimated Average Burden Hours Per Office of the Secretary SUMMARY: Pursuant to FAA’s rulemaking Response: 3.5. provisions governing the application, Need For and Use of Information: Notice of Applications for Certificates processing, and disposition of petitions TVA conducts a triennial salary survey of Public Convenience and Necessity for exemption part 11 of Title 14, Code for employee compensation and benefits and Foreign Air Carrier Permits Filed of Federal Regulations (14 CFR), this as a basis for labor negotiations in Under Subpart B (Formerly Subpart Q) notice contains a summary of certain determining prevailing rates of pay and During the Week Ending February 20, petitions seeking relief from specified benefits for represented salary policy 2004 requirements of 14 CFR, dispositions of employees. TVA surveys firms, and certain petitions previously received, The following Applications for and corrections. The purpose of this Federal, State, and local governments Certificates of Public Convenience and whose employees perform work similar notice is to improve the public’s Necessity and Foreign Air Carrier awareness of, and participation in, this to that of TVA’s salary policy Permits were filed under Subpart B employees. aspect of FAA’s regulatory activities. (formerly Subpart Q) of the Department Neither publication of this notice nor Jacklyn J. Stephenson, of Transportation’s Procedural the inclusion or omission of information Senior Manager, Enterprise Operations, Regulations (See 14 CFR 301.201 et. in the summary is intended to affect the Information Services. seq.). The due date for Answers, legal status of any petition or its final [FR Doc. 04–4559 Filed 3–1–04; 8:45 am] Conforming Applications, or Motions to disposition. Modify Scope are set forth below for BILLING CODE 8120–08–P each application. Following the Answer DATES: Comments on petitions received period DOT may process the application must identify the petition docket by expedited procedures. Such number involved and must be received DEPARTMENT OF TRANSPORTATION procedures may consist of the adoption on or before March 8, 2004. Office of the Secretary of a show-cause order, a tentative order, ADDRESSES: You may submit comments or in appropriate cases a final order [identified by DOT DMS Docket Number Notice of Applications for Certificates without further proceedings. FAA–200X–XXXXX] by any of the of Public Convenience and Necessity Docket Number: OST–2004–17171. following methods: and Foreign Air Carrier Permits Filed Date Filed: February 20, 2004. • Web site: http://dms.dot.gov. Under Subpart B (Formerly Subpart Q) Due Date for Answers, Conforming Follow the instructions for submitting During the Week Ending January 17, Applications, or Motion to Modify comments on the DOT electronic docket 2003 Scope: March 12, 2004. site. Description: Application of Skylink • Fax: 1–202–493–2251. The following Applications for Airways, Inc., requesting a certificate of • Mail: Docket Management Facility; Certificates of Public Convenience and public convenience and necessity to U.S. Department of Transportation, 400 Necessity and Foreign Air Carrier engage in interstate scheduled and Seventh Street, SW., Nassif Building, Permits were filed under Subpart B charter air transportation of passengers Room PL–401, Washington, DC 20590– (formerly Subpart Q) of the Department and cargo. 0001. of Transportation’s Procedural Docket Number: OST–2004–17172. • Hand Delivery: Room PL–401 on Regulations (See 14 CFR 301.201 et. Date Filed: February 20, 2004. the plaza level of the Nassif Building,

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400 Seventh Street, SW., Washington, DATES: Written comments should be given financial transaction. The Act also DC, between 9 a.m. and 5 p.m., Monday received on or before April 1, 2004 to requires the Secretary to consult with a through Friday, except Federal holidays. be assured of consideration. number of entities and the general • public ‘‘in formulating and conducting Federal eRulemaking Portal: Go to Internal Revenue Service (IRS) http://www.regulations.gov. Follow the the study.’’ In order to fulfill its online instructions for submitting OMB Number: 1545–1867. obligations under the Act, the comments. Form Number: IRS Form 8453–S. Department of the Treasury (Treasury) Docket: For access to the docket to Type of Review: Extension. seeks public comment on how Treasury read background documents or Title: S Corporation Declaration and should formulate and conduct the comments received, go to http:// Signature for Electronic Filing. study. dms.dot.gov at any time or to Room PL– Description: Form 8453–S is used to DATES: Comments must be received at 401 on the plaza level of the Nassif authenticate and authorize transmittal the specific address(es) listed below on Building, 400 Seventh Street, SW., of an electronic Form 1120S. or before April 1, 2004. Washington, DC, between 9 a.m. and 5 Respondents: Business or other for- p.m., Monday through Friday, except profit. ADDRESSES: Because paper mail in the Federal holidays. Estimated Number of Respondents/ Washington, DC area and at Treasury is Recordkeepers: 2,500,000. FOR FURTHER INFORMATION CONTACT: Tim subject to delay, please consider Estimated Burden Hours Respondent/ submitting your comments by e-mail. Adams (202) 267–8033, Sandy Recordkeeper: Buchanan-Sumter (202) 267–7271, Commenters are encouraged to use the Office of Rulemaking (ARM–1), Federal title ‘‘FACT Act Biometric Study’’ to Recordkeeping ...... 4 hr., 46 min. facilitate the organization and Aviation Administration, 800 Learning about the law or 28 min. Independence Avenue, SW., the form. distribution of comments. All Washington, DC 20591. Preparing the form 1 hr., 30 min. submissions must be in writing or in This notice is published pursuant to Copying, assembling, and 16 min. electronic form. Please send e-mail 14 CFR 11.85 and 11.91. sending the form to the comments to IRS [email protected] or Issued in Washington, DC on February 25, facsimile transmissions to FAX Number 2004. Frequency of Response: Annually. (202) 622–2310 re: FACT Act Biometric Donald P. Byrne, Estimated Total Reporting/ Study. Comments sent by paper mail Assistant Chief Counsel for Regulations. Recordkeeping Burden: 17,550,000 should be sent to: Susan Hart, Financial Petitions for Exemption hours. Economist, Office of Critical Clearance Officer: Glenn P. Kirkland Infrastructure Protection and Docket No.: FAA–2004–17184. (202) 622–3428, Internal Revenue Compliance Policy, U.S. Department of Petitioner: Patrick Regan. Service, Room 6411–03, 1111 the Treasury, Annex Room 3174, 1500 Section of 14 CFR Affected: 14 CFR Constitution Avenue, NW., Washington, Pennsylvania Avenue, N.., Washington, 121.311(a)(2), (b), and (c)(1). DC 20224. DC 20220, ATTN: FACT Act Biometric Description of Relief Sought: To allow OMB Reviewer: Joseph F. Lackey, Jr., Study. Anyone submitting comments is Patrick Regan, while onboard an (202) 395–7316, Office of Management asked to include his or her name, aircraft, to utilize the E-Z-ON modified and Budget, Room 10235, New address, telephone number, and if vest restraint system that meets Executive Office Building, Washington, available, FAX number and e-mail FMVSS213, during all phases of flight. DC 20503. address. Treasury will consider all timely comments, and will make all [FR Doc. 04–4580 Filed 3–1–04; 8:45 am] Lois K. Holland, comments in their entirety, including BILLING CODE 4910–13–P Treasury PRA Clearance Officer. any personally identifying information [FR Doc. 04–4595 Filed 3–1–04; 8:45 am] such as name and address, available for BILLING CODE 4830–01–P public inspection and copying. Please DEPARTMENT OF THE TREASURY do not submit confidential commercial or financial information. Comments may DEPARTMENT OF TREASURY Submission for OMB Review; be inspected at the Treasury Department Comment Request Public Comment on Formulating and Library, Room 1428, Main Treasury Building, 1500 Pennsylvania Avenue, February 24, 2004. Conducting a Study on the Use of Biometrics and Other Similar NW., Washington, DC 20220. Before The Department of Treasury has Technologies to Combat Identity Theft visiting the library, visitors must call submitted the following public (202) 622–0990 to arrange an information collection requirement(s) to AGENCY: Department of the Treasury, appointment. (Treasury reserves the OMB for review and clearance under the Departmental Offices. right to display all comments in their Paperwork Reduction Act of 1995, ACTION: Notice and request for entirety electronically via the Internet, Public Law 104–13. Copies of the comments. subject to Treasury’s assessment at a submission(s) may be obtained by later date of the practicability of calling the Treasury Bureau Clearance SUMMARY: The recently enacted Fair and managing and maintaining such a Officer listed. Comments regarding this Accurate Credit Transactions Act of channel of access in this instance.) information collection should be 2003 (FACT Act or Act) requires the FOR FURTHER INFORMATION CONTACT: addressed to the OMB reviewer listed Secretary of the Treasury (Secretary) to Susan Hart, Financial Economist, Office and to the Treasury Department conduct a study of the use of biometrics of Critical Infrastructure Protection and Clearance Officer, Department of the and other similar technologies to reduce Compliance Policy, Department of the Treasury, Room 11000, 1750 the incidence and costs to society of Treasury, (202) 622–0129. Pennsylvania Avenue, NW., identity theft by providing convincing Washington, DC 20220. evidence of who actually performed a SUPPLEMENTARY INFORMATION:

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I. Background c. What other technologies are being agencies to take this opportunity to The President signed the FACT Act applied now to reduce the costs and comment on a continuing information into law on December 4, 2003, Public incidence of identity theft? collection, as required by the Paperwork Law 108–159, 117 Stat. 1952. The FACT d. What biometric technologies could Reduction Act of 1995. An agency may Act amends the Fair Credit Reporting be applied in the future to reduce the not conduct or sponsor, and a Act (15 U.S.C. 1681 et seq.), and will cost and incidence of identity theft? respondent is not required to respond provide consumers, companies, e. Does the private sector have to, an information collection unless the consumer reporting agencies, and adequate incentives to adopt biometric information collection displays a regulators with new tools that enhance and other technologies to reduce the currently valid OMB control number. the accuracy of consumers’ financial costs and incidence of identity theft? The OCC is soliciting comment 2. a. What is the rate of adoption by information and help fight identity concerning its renewal, without change, the financial services industry of theft. These reforms make permanent of an information collection titled biometric solutions for the purpose of the uniform national standards that ‘‘Lending Limits—12 CFR 32.’’ The OCC verifying or authenticating who support our credit markets, and institute also gives notice that it has sent the performed a given financial transaction? new consumer protections. information collection to OMB for By other industries? Section 157 of the Act provides that review and approval. b. What is the rate of adoption of the ‘‘Secretary of the Treasury shall DATES: You should submit your other similar technology solutions conduct a study of the use of biometrics comments to the OCC and the OMB provided by the private sector for the and other similar technologies to reduce Desk Officer by April 1, 2004. same or similar purpose? the incidence and costs to society of ADDRESSES: You should direct 3. What are the public’s concerns with identity theft by providing convincing comments to: the use of biometrics? evidence of who actually performed a OCC: Communications Division, 4. What are the costs of the use of given financial transaction.’’ Section Office of the Comptroller of the biometrics? What are the risks of using 157 further requires the Secretary to Currency, Public Information Room, biometrics? Mailstop 1–5, Attention: 1557–0221, submit a report to Congress containing 5. What are the tradeoffs for the the findings and conclusions of the 250 E Street., SW., Washington, DC consumer in using biometrics? 20219. Commenters are encouraged to study, together with recommendations 6. What are the benefits to consumers submit comments by fax or email. for legislative or administrative actions of the use of biometrics? Comments may be sent by fax to (202) as may be appropriate, within 180 days 7. a. What has been the experience of 874–4448, or by email to from the date of enactment of the Act. industries that have used biometrics for [email protected]. You can Section 157 also requires the Secretary the purpose of providing convincing inspect and photocopy the comments at to ‘‘consult with Federal banking evidence of who performed a given the OCC’s Public Information Room, 250 agencies, the Federal Trade financial transaction? What has been the E Street, SW., Washington, DC 20219. Commission, and representatives of customer reaction? You can make an appointment to financial institutions, consumer b. What has been the experience of inspect the comments by calling (202) reporting agencies, Federal, State, and industries that have used other similar local government agencies that issue 874–5043. technologies for the same or similar OMB: Joseph F. Lackey, Jr., OMB Desk official forms or means of identification, purpose? What has been customer State prosecutors, law enforcement Officer for the OCC, 1557–0221, Office reaction? of Information and Regulatory Affairs, agencies, the biometric industry, and 8. What barriers are there to the Office of Management and Budget, New the general public in formulating and greater use of biometric and other Executive Office Building, Room 10235, conducting the study.’’ technologies to reduce the cost and Washington, DC 20503. II. Request for Comments incidence of identity theft? FOR FURTHER INFORMATION CONTACT: You This request for comment is issued Dated: February 25, 2004. can request additional information or a pursuant to the requirement in section Michael A. Dawson, copy of the collection from John 157 that Treasury consult broadly in Deputy Assistant Secretary, Department of Ference, Acting OCC Clearance Officer, formulating and conducting the study the Treasury. or Camille Dixon, (202) 874–5090, on the use of biometric and other [FR Doc. 04–4604 Filed 3–1–04; 8:45 am] Legislative and Regulatory Activities similar technologies. (Other means of BILLING CODE 4810–25–P Division, Office of the Comptroller of consultation in formulating and the Currency, 250 E Street, SW., conducting the study will also be used.) Washington, DC 20219. Treasury seeks comment on the DEPARTMENT OF THE TREASURY SUPPLEMENTARY INFORMATION: The OCC questions set forth below and requests is proposing to extend OMB approval of that respondents label comments with Office of the Comptroller of the Currency the following information collection: the corresponding question number and Title: Lending Limits—12 CFR part letter to which the comment relates. Agency Information Collection 32. Additional relevant comments are Activities: Submission for OMB OMB Number: 1557–0221. welcome. Review; Comment Request Description: This submission covers 1. a. What range of biometric an existing regulation and involves no solutions could the private sector use to AGENCY: Office of the Comptroller of the change to the regulation or to the reduce the incidence and costs to Currency (OCC), Treasury. information collection. The OCC society of identity theft by providing ACTION: Notice and request for comment. requests only that OMB extend its convincing evidence of who performed approval of the information collection. a given financial transaction? SUMMARY: The OCC, as part of its The information collection is found in b. How are biometric technologies continuing effort to reduce paperwork 12 CFR 32.7(b). The information being applied now to reduce the costs and respondent burden, invites the collection applies generally to all and incidence of identity theft? general public and other Federal national banks and specifically to those

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national banks that wish to use DEPARTMENT OF THE TREASURY Information Reading Room, Room 1621, exceptions to OCC’s lending limits for 1111 Constitution Avenue, NW., 1–4 family residential real estate loans Internal Revenue Service Washington, DC. 20224, telephone and loans to small businesses. number (202) 622–5164 (not a toll free Art Advisory Panel—Notice of Type of Review: Extension of a number). currently approved collection. Availability of Report of 2003 Closed Affected Public: Businesses or other Meetings FOR FURTHER INFORMATION CONTACT: for-profit. Karen Carolan, AP:ART, Internal AGENCY: Estimated Number of Respondents: Internal Revenue Service, Revenue Service/Appeals, 1099 14th Treasury. 2,140. Street, NW., Washington, DC 20005, Estimated Total Annual Responses: ACTION: Notice. telephone (202) 694–1861 (not a toll free 2,140. telephone number). Estimated Total Annual Burden: SUMMARY: Pursuant to 5 U.S.C. app. I 55,640 hours. section 10(d), of the Federal Advisory SUPPLEMENTARY INFORMATION: The Frequency of Response: On occasion. Committee Act, and 5 U.S.C. section Commissioner of Internal Revenue has Comments: The OCC has a continuing 552b, the Government in the Sunshine determined that this document is not a interest in the public’s opinion Act, a report summarizing the closed major rule as defined in Executive Order regarding collections of information. meeting activities of the Art Advisory 12291 and that a regulatory impact Members of the public may submit Panel during 2003 has been prepared. A analysis therefore, is not required. comments regarding any aspect of this copy of this report has been filed with Neither does this document constitute a collection of information. All comments the Assistant Secretary of the Treasury rule subject to the Regulatory Flexibility will become a matter of public record. for Management. Act (5 U.S.C. Chapter 6). Dated: February 25, 2004. DATES: Effective Date: This notice is Mark J. Tenhundfeld, effective March 2, 2004. Mark W. Everson, Assistant Director, Legislative and Regulatory ADDRESSES: The report is available for Comissioner of Internal Revenue. Activities Division. public inspection and requests for [FR Doc. 04–4631 Filed 3–1–04; 8:45 am] [FR Doc. 04–4601 Filed 3–1–04; 8:45 am] copies should be addressed to: Internal BILLING CODE 4830–01–P BILLING CODE 4810–33–P Revenue Service, Freedom of

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Part II

Department of Labor Employee Benefits Security Administration

29 CFR Part 2550 Fiduciary Responsibility Under the Employee Retirement Income Security Act of 1974 Automatic Rollover Safe Harbor; Proposed Rule

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DEPARTMENT OF LABOR participant without the participant’s the trust will not constitute a qualified consent if the present value of the trust unless the plan of which the trust Employee Benefits Security participant’s vested accrued benefit is a part provides that if a mandatory Administration does not exceed $5,000.1 A distribution distribution of more than $1,000 is to be by a plan in compliance with such a made and the participant does not elect 29 CFR Part 2550 provision is termed a mandatory to have such distribution paid directly RIN 1210–AA92 distribution, commonly referred to as a to an eligible retirement plan or to ‘‘cash-out’’. Separating participants may receive the distribution directly, the Fiduciary Responsibility Under the choose to roll the cash-out, which is an plan administrator must transfer such Employee Retirement Income Security eligible rollover distribution,2 into an distribution to an individual retirement 3 Act of 1974 Automatic Rollover Safe eligible retirement plan, or they may plan. Section 657(a) of EGTRRA also Harbor retain the cash-out as a taxable added a notice requirement in section distribution. Within a reasonable period 401(a)(31)(B)(i) of the Code requiring the AGENCY: Employee Benefits Security of time prior to making a mandatory Administration, Labor. plan administrator to notify the distribution, plan administrators are participant in writing, either separately ACTION: Proposed regulation. required to provide a separating or as part of the notice required under participant with a written notice section 402(f) of the Code, that the SUMMARY: This document contains a explaining, among other things, the participant may transfer the distribution proposed regulation that, upon following: the Code provisions under to another individual retirement plan.8 adoption, would establish a safe harbor which the participant may elect to have pursuant to which a fiduciary of a the cash-out transferred directly to an Section 657(c)(2)(A) of EGTRRA pension plan subject to Title I of the eligible retirement plan and that if an directed the Department of Labor Employee Retirement Income Security election is not made, such cash-out is (Department) to issue regulations Act of 1974, as amended (ERISA), will subject to the automatic rollover providing safe harbors under which 1) be deemed to have satisfied his or her provisions of Code section 401(a)(31)(B); a plan administrator’s designation of an fiduciary responsibilities in connection the provision requiring income tax institution to receive the automatic with automatic rollovers of certain withholding if the cash-out is not rollover and 2) the initial investment mandatory distributions to individual directly transferred to an eligible choice for the rolled-over funds would retirement plans. This proposed retirement plan; and the provisions be deemed to satisfy the fiduciary regulation, if finalized, would affect under which the distribution will not be responsibility provisions of section employee pension benefit plans, plan taxed if the participant transfers the 404(a) of ERISA. Section 657(c)(2)(B) of sponsors, administrators and account balance to an eligible retirement EGTRRA states that the Secretaries of fiduciaries, and plan participants and plan within 60 days of receipt.4 Labor and Treasury may provide, and beneficiaries. As part of the Economic Growth and shall give consideration to providing, DATES: Written comments on the Tax Relief Reconciliation Act of 2001 special relief with respect to the use of proposed regulation should be received (EGTRRA),5 section 401(a)(31) of the low-cost individual retirement plans for by the Department of Labor on or before Code was amended to require that, purposes of Code section 401(a)(31)(B) April 1, 2004. absent an affirmative election by the automatic rollovers and for other uses participant, certain mandatory ADDRESSES: Comments (preferably at that promote the preservation of assets distributions from a tax-qualified least three copies) should be addressed for retirement income. retirement plan be directly transferred to the Office of Regulations and to an individual retirement plan 6 of a Section 657(c)(2)(A) of EGTRRA Interpretations, Employee Benefits designated trustee or issuer. further provides that the Code Security Administration, Room N–5669, Specifically, section 657(a) of EGTRRA provisions requiring automatic rollovers U.S. Department of Labor, 200 added a new section 401(a)(31)(B)(i) to of certain mandatory distributions to Constitution Avenue NW., Washington, the Code to provide that, in the case of individual retirement plans will not DC 20210. Attn: Automatic Rollover a trust that is part of an eligible plan,7 become effective until the Department Regulation. Comments also may be of Labor issues safe harbor regulations. submitted electronically to e- 1 Code sections 411(a)(11) and 417(e). See Code [email protected]. All comments received will On January 7, 2003, the Department section 411(a)(11)(D) for circumstances where the published a notice in the Federal be available for public inspection at the amount of a cash-out may be greater than $5,000, Public Disclosure Room, N–1513, based on a participant’s prior rollover contribution Register requesting information on a Employee Benefits Security into the plan. variety of issues relating to the 2 See Code section 402(f)(2)(A). Administration, 200 Constitution development of a safe harbor pursuant 3 See Code section 402(f)(2)(B). to section 657(c)(2)(A) and (B) of Avenue NW., Washington, DC 20210. 4 Code section 402(f)(1). EGTRRA.9 In response to this request FOR FURTHER INFORMATION CONTACT: Lisa 5 Pub. L. 107–16, June 7, 2001, 115 Stat. 38. for information (RFI), the Department M. Alexander or Kristen L. Zarenko, 6 Section 401(a)(31)(B)(i) of the Code requires the received 17 comment letters. Copies of Office of Regulations and transfer to be made to an ‘‘individual retirement plan’’, which section 7701(a)(37) of the Code these comments are posted on the Interpretations, Employee Benefits defines to mean an individual retirement account Department’s Web site at http:// Security Administration, (202) 693– described in section 408(a) and an individual 8510. This is not a toll-free number. retirement annuity described in section 408(b). 7 sections 401(a), 401(k), 403(a), 403(b) and 457. The SUPPLEMENTARY INFORMATION: Section 657(a)(1)(B)(ii) of EGTRRA defines an ‘‘eligible plan’’ as a plan which provides for an Department notes that the safe harbor proposed A. Background immediate distribution to a participant of any herein applies only to employee benefit pension ‘‘nonforfeitable accrued benefit for which the plans covered under title I of ERISA. See infra fn. Under the Internal Revenue Code of present value (as determined under section 15. 1986, as amended (Code), tax-qualified 411(a)(11) of the Code) does not exceed $5,000.’’ 8 Conforming amendments to Code sections The Treasury and the IRS have advised the 401(a)(31) and 402(f)(1) were also made by section retirement plans are permitted to Department that the requirements of Code section 657 of EGTRRA. incorporate provisions requiring an 401(a)(31)(B) apply to a broad range of retirement 9 68 FR 991. http://www.dol.gov/ebsa/regs/fedreg/ immediate distribution to a separating plans including plans established under Code proposed/2003000281.htm.

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www.dol.gov/ebsa/regs/ section 401(a)(31)(B) of the Code to an 7701(a)(37) defines the term individual cmt_rolloverRFI.html. individual retirement plan, within the retirement plan to mean an individual Set forth below is an overview of the meaning of section 7701(a)(37) of the retirement account described in section proposed safe harbor regulation and a Code. 408(a) of the Code and an individual review of the comments received in The proposal makes clear that the retirement annuity described in section response to the RFI. standards set forth in the proposed 408(b) of the Code. Accordingly, a bank, regulation apply solely for purposes of insurance company, financial B. Overview of Proposal determining compliance with the safe institution or other provider of an 1. Scope harbor and that such standards are not individual retirement plan under the Consistent with the directive in intended to represent the exclusive safe harbor is required to satisfy the section 657(c)(2)(A) of EGTRRA, means by which a fiduciary might requirements of the Code and 10 paragraph (a)(1) of § 2550.404a–2 satisfy his or her duties under ERISA regulations issued thereunder. This with respect to automatic rollovers of provides that the proposed safe harbor approach is consistent with the majority mandatory distributions described in applies only to the automatic rollover of of comments received in response to the section 401(a)(31)(B) of the Code. RFI. These commenters argued that a mandatory distribution described in As noted above, section 657(c)(2)(B) section 401(a)(31)(B) of the Code. At additional criteria are unnecessary and, of EGTRRA provides that the Secretary if imposed, may only serve to limit the present, such distributions are limited of the Treasury and the Secretary of to nonforfeitable accrued benefits number of providers available or willing Labor shall consider and may provide to establish and maintain the small (generally referred to as vested benefits), special relief with respect to the use of the present value of which is in excess rollover accounts covered by the safe low-cost individual retirement plans. harbor. Other commenters suggested of $1,000, but less than or equal to The Department considered the that the fiduciaries should be required $5,000. For purposes of determining the provision of such special relief and to consider an individual retirement present value of such benefits, section believes that the framework of the safe plan provider’s financial stability, 401(a)(31)(B) references Code section harbor encourages the use of low-cost taking into account such matters as 411(a)(11). Section 411(a)(11)(A) of the individual retirement plans for purposes credit ratings or insurance coverage. The Code provides that, in general, if the of rollovers under section 401(a)(31)(B) Department is unaware of any problems present value of any nonforfeitable of the Code. The Department attributable to weaknesses in the accrued benefit exceeds $5,000, such specifically invites public comment on existing Code and regulatory standards benefit may not be immediately whether, given the conditions of the for individual retirement plan distributed without the consent of the proposal, further relief is necessary in providers. The Department, therefore, participant. Section 411(a)(11)(D) of the this regard. If so, commenters are believes that, given the limited scope of Code also provides a special rule that encouraged to specifically address what the proposed safe harbor, existing Code permits plans to disregard that portion relief is necessary and why, as well as and regulatory standards are sufficiently of a nonforfeitable accrued benefit that identify approaches to providing such protective of separating participants and is attributable to amounts rolled over relief. their beneficiaries who would become from other plans (and earnings thereon) 2. Conditions individual retirement plan account in determining the $5,000 limit. holders, without imposing unnecessary Inasmuch as section 401(a)(31)(B) of the Safe harbor relief under the proposed burdens on either plans or individual Code requires the automatic rollover of regulation is dependent on a fiduciary retirement plan providers. mandatory distributions, as determined satisfying six conditions. In general, the The third condition, described in under section 411(a)(11), which would conditions address: (1) The amount of paragraph (c)(3) of the proposed include prior rollover contributions, the mandatory distributions; (2) regulation, defines the type of proposal provides safe harbor coverage qualifications for an individual investment products in which a for the automatic rollover of mandatory retirement plan; (3) permissible mandatory distribution can be invested distributions containing such prior investment products; (4) permissible under the safe harbor. Specifically, the rollover contributions. One commenter fees and expenses; (5) required proposal provides for the investment of on the RFI suggested that the safe harbor disclosures to participants and mandatory distributions in investment should extend to amounts of $1,000 or beneficiaries; and 6) prohibited products designed to preserve principal less. While the Department agrees with transactions. Each of the conditions is and provide a reasonable rate of return, the commenter that similar discussed below. whether or not such return is considerations may be relevant to such The first condition, described in guaranteed, consistent with liquidity, rollovers, the Department did not adopt paragraph (c)(1) of the proposed and taking into account the extent to this suggestion in light of Congress’s regulation, provides that, for the which charges can be assessed against direction to provide a safe harbor for automatic rollover of mandatory an individual retirement plan. For this automatic rollovers of mandatory distributions, the present value of the purpose, the product must be offered by distributions described in section nonforfeitable accrued benefit, as 401(a)(31)(B) of the Code. determined under section 411(a)(11) of 10 For example, with respect to individual Paragraph (b) of the proposed the Code, does not exceed the maximum retirement accounts, 26 CFR 1.408–2(b)(2)(i) regulation provides that, if the provides that the trustee of an individual retirement amount permitted under section account must be a bank (as defined in section conditions of the safe harbor are 401(a)(31)(B) of the Code. This 408(n) of the Code and regulations thereunder) or satisfied, fiduciaries will be deemed to condition was discussed in ‘‘Scope’’, another person who demonstrates, in the manner have satisfied their fiduciary duties above. described in paragraph (e) of the regulation, to the satisfaction of the Internal Revenue Service, that the under section 404(a) of ERISA with The second condition, described in manner in which the trust will be administered will respect to both the selection of an paragraph (c)(2) of the proposed be consistent with section 408 of the Code and individual retirement plan provider and regulation, provides that the mandatory regulations thereunder. With respect to individual the investment of funds in connection distribution be directed to an individual retirement annuities, 26 CFR 1.408–3 describes, among other things, requirements that must be met with an automatic rollover of a retirement plan within the meaning of in order to maintain the tax-qualified status of such mandatory distribution described in section 7701(a)(37) of the Code. Section annuity arrangements.

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a state or federally regulated financial investments prior to the mandatory limits on the fees and expenses that may institution, and must seek to maintain a distribution. Some argued that retaining be assessed against an individual stable dollar value equal to the amount such investments outside the plan retirement plan established for invested in the product by the might, in fact, result in some cost mandatory distributions. In this regard, individual retirement plan. savings (e.g., lower administrative the Department attempted to strike a For purposes of this condition, a expenses, avoiding termination charges, balance in the proposal between the ‘‘regulated financial institution’’ is etc.). Some commenters also argued for application of a marketplace principle defined in the proposal as a bank or inclusion of participant investments in and the investment goal of preserving savings association, the deposits of qualifying employer securities as a safe principal. which are insured by the Federal harbor investment option. The Under paragraph (c)(4) of the Deposit Insurance Corporation; a credit Department does not believe that an proposed regulation, fees and expenses union, the member accounts of which investment strategy adopted by a attendant to an individual retirement are insured within the meaning of participant while in a defined plan, including investments of such section 101(7) of the Federal Credit contribution plan or chosen by a plan plan, (e.g., establishment charges, Union Act; an insurance company, the fiduciary at a particular point in time maintenance fees, investment expenses, products of which are protected by state would necessarily continue to be termination costs and surrender guarantee associations; or an investment appropriate for the participant in the charges) may not exceed certain limits. company registered under the context of an automatic rollover, The first limit, provided in paragraph Investment Company Act of 1940. particularly given the relatively small (c)(4)(i), is intended to ensure that fees This condition reflects the account balances covered by the safe and expenses charged to individual Department’s view that, given the nature harbor. For this reason, the Department retirement plans established in and amount of the automatic rollovers, did not adopt these suggestions. connection with a mandatory investments under the safe harbor The fourth condition addresses the distribution are not inconsistent with should be designed to minimize risk, extent to which fees and expenses can the marketplace. This limit provides preserve assets for retirement and be assessed against an individual that the fees and expenses charged to maintain liquidity. Such safe harbor retirement plan, including the such plans may not exceed the fees and investment products would typically investments of such plan. Most of the expenses charged by the provider for include money market funds commenters on the RFI argued that the comparable individual retirement plans maintained by registered investment safe harbor should permit fees and established for rollover distributions companies,11 and interest-bearing expenses attendant to the establishment that are not subject to the automatic savings accounts and certificates of and maintenance of an individual rollover provisions of section deposit of a bank or a similar financial retirement plan to be charged against 401(a)(31)(B) of the Code. institution. In addition, safe harbor the assets in the individual retirement The second limit, provided in investment products would include plan and the safe harbor should not paragraph (c)(4)(ii), is intended to ‘‘stable value products’’ issued by a impose limits on such fees and protect the investment principal by regulated financial institution that are expenses, noting that competition in the providing that fees and expenses fully benefit-responsive to the marketplace will serve to control costs. attendant to the individual retirement individual retirement plan account These commenters also noted that the plan may be charged only against the holder. Such products must provide a costs attendant to maintaining income earned by the plan, with the liquidity guarantee by a financially individual retirement plans to handle exception of charges assessed for the responsible third party of principal and mandatory distributions will be higher establishment of the plan. The Department understands that in some previously accrued interest for than for other types of accounts, because instances providers will charge a one- liquidations or transfers initiated by the the amounts contributed are small, time, typically small, fee to set up an individual retirement plan account future contributions are unlikely, and individual retirement plan. While holder exercising his or her right to the account holders generally will be providers are not required to limit withdraw or transfer funds under the passive or not in contact with the establishment charges to the income terms of an arrangement that does not individual retirement plan providers. There is nothing in the safe harbor earned by individual retirement plans, include substantial restrictions to the that would preclude establishment, these charges, nonetheless, may not account holder’s access to the assets of maintenance and other fees and exceed establishment charges assessed the individual retirement plan. expenses from being charged against the against comparable individual The majority of the commenters on individual retirement plan of an account retirement plans established for rollover the RFI supported inclusion in the safe holder. On the other hand, the safe distributions that are not subject to the harbor of an investment product that harbor does establish limits on the automatic rollover provisions of section favored retention of principal and amount of such fees and expenses that 401(a)(31)(B) of the Code. If a provider, income over growth. A number of can be charged against an individual therefore, imposes no establishment or commenters suggested that, in addition retirement plan. While the Department set-up charge on its comparable to such products, the safe harbor should agrees that competition in the individual retirement plan customers, it include investment products identical marketplace may serve to keep may not impose a charge on plans or similar to those in which the administrative and investment established for rollover distributions participant had directed his or her management costs down, the under section 401(a)(31)(B) of the Code. Department nonetheless believes that, The fifth condition is intended to 11 Regarding money market mutual funds, prospectuses for such funds generally state that ‘‘an given the importance of cost ensure that participants and investment in the [money market mutual] Fund is considerations in connection with the beneficiaries are informed of the plan’s not insured or guaranteed by the Federal Deposit selection of service providers by plan procedures governing automatic Insurance Corporation or any other government fiduciaries generally and the importance rollovers, including an explanation agency. Although the Fund seeks to preserve the value of your [the investor’s] investment at $1.00 of protecting principal in connection about the nature of the investment per share, it is possible to lose money by investing with automatic rollover distributions, product in which the mandatory in the Fund.’’ the safe harbor should contain some distribution will be invested, and how

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fees and expenses attendant to the prohibited transactions in connection commenters pointed out that the individual retirement plan will be with the selection of an individual customer identification and verification allocated (i.e., the extent to which retirement plan provider or investment provisions of the Act may preclude expenses will be borne by the account product, unless such actions are covered banks and other financial institutions holder alone or shared with the by a statutory or administrative from establishing individual retirement distributing plan or plan sponsor). In exemption issued under section 408(a) plans without the participation of the addition, the disclosure must identify a of ERISA. In this regard, the Department participant or beneficiary on whose plan contact for further information is publishing a proposed class behalf the fiduciary is required to make concerning the plan’s procedures, exemption in today’s Federal Register an automatic rollover. In most of the individual retirement plan providers, that is intended to deal with prohibited situations where a fiduciary is required and the fees and expenses attendant to transactions resulting from an to make an automatic rollover to an the individual retirement plan. In this individual retirement plan provider’s individual retirement plan, the regard, paragraph (c)(5) of the proposed selection of itself as the provider of an participant or beneficiary is unable to be regulation conditions safe harbor relief individual retirement plan and/or issuer located or is otherwise not on the furnishing of this information to of an investment held by such plan in communicating with the plan the plan’s participants and beneficiaries connection with mandatory concerning the distribution of plan in a summary plan description (SPD) or distributions from the provider’s own benefits. Accordingly, if the customer a summary of material modifications pension plan. Specifically, the proposed identification and verification (SMM) in advance of an automatic exemption is intended to permit a bank provisions of the Act were construed to rollover. For purposes of this condition, or other regulated financial institution require participant or beneficiary a plan contact can be identified by as defined therein to (1) select itself or participation when an individual reference to a person, position or office, an affiliate as the individual retirement retirement plan is established on his or along with an address and phone plan trustee, custodian or issuer to her behalf, fiduciaries will be unable to number of the contact. It is anticipated receive automatic rollovers from its own comply with the automatic rollover that the contact, in response to requests plan and (2) select its own funds or requirements of the Code and utilize from separated participants on whose investment products for automatic this safe harbor. Commenters also noted behalf distributions have been made to rollovers from its own plan. In the that such an interpretation of the Act an individual retirement plan, would be absence of this exemption, a bank or would limit the ability of fiduciaries to able to identify the individual other financial institution would be make distributions from terminating retirement plan provider to whom a required to direct automatic rollovers defined contribution plans on behalf of distribution was made for the particular from its own plan for its own employees missing plan participants and participant. to a competitor as the individual beneficiaries. One commenter on the RFI argued retirement plan provider. In response to these issues, Treasury against the establishment of any new staff, along with staff of the other disclosure requirements under the safe C. Miscellaneous Issues Federal functional regulators,14 have harbor, given the requirements that In response to the Department’s RFI, advised the Department that they already exist under the Code. Another a number of commenters identified interpret the customer identification commenter argued that the safe harbor possible legal impediments that and verification (CIP) requirements of should require individual notices to fiduciaries, banks and other financial section 326 of the Act and each separated participant on whose institutions might encounter in implementing regulations to require that behalf an individual retirement plan is connection with automatic rollovers. banks and other financial institutions established informing him or her of the These impediments included perceived implement their CIP compliance provider’s name, address and phone conflicts with state laws on signature program with respect to an account, number, and any other information requirements and escheat, Code including an individual retirement plan, needed by the account holder to take requirements, and requirements under established by an employee benefit plan action with regard to the distributed the USA PATRIOT Act.13 in the name of a former participant (or funds. With regard to Code requirements that beneficiary) of such plan, only at the This condition is consistent with the may possibly conflict with or impede time the former participant or Department’s statement in a footnote to the establishment of individual beneficiary first contacts such Revenue Ruling 2000–36 requiring that retirement plans for purposes of institution to assert ownership or plan provisions governing the default automatic rollovers of mandatory exercise control over the account. CIP direct rollover of distributions, distributions under section 401(a)(31)(B) compliance will not be required at the including the participant’s ability to of the Code, the Department has been time an employee benefit plan affirmatively opt out of the arrangement, informed that staff of the Department of establishes an account and transfers the must be described in the plan’s SPD the Treasury and the Internal Revenue funds to a bank or other financial furnished to participants.12 We believe Service are reviewing the current rules institution for purposes of a distribution this approach to disclosure similarly and regulations affecting such of benefits from the plan to a separated serves to ensure that participants and distributions and that guidance employee.15 In January 2004, Treasury beneficiaries are provided, and have addressing the application of these rules staff, along with staff of the other access to, sufficient information about to the automatic rollover of mandatory Federal functional regulators, issued automatic rollovers, while avoiding the distributions is anticipated in advance guidance on this matter in the form of imposition of unnecessary costs and of or simultaneously with the burdens on pension plans and Department’s issuance of a final safe 14 The term ‘‘other Federal functional regulators’’ individual retirement plan providers. harbor regulation. refers to the other agencies responsible for Paragraph (c)(6) of the proposed With regard to the provisions of the administration and regulations under the Act. regulation conditions safe harbor relief 15 It is the Department’s understanding that this USA PATRIOT Act (Act), a number of interpretation applies to a broad spectrum of on the plan fiduciary not engaging in employee benefit plans including those covered by 13 Pub. L. No. 107–56, October 26, 2001, 115 Stat. title I of ERISA and those established under Code 12 Revenue Ruling 2000–36, 2000–2 C.B. 140. 272. provisions.

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a question and answer, published in a Congress’s expectation that regulations distributions. Other benefits not set of ‘‘FAQs: Final CIP Rule,’’ on the would be issued in June 2004. The quantified here are expected to accrue to regulators’’ Web sites.16 Department believes that, in light of the fiduciaries through greater certainty and Issues raised by commenters earlier published request for reduced exposure to risk, and to former concerning the possible application of information and the limited number of plan participants through the proposed state laws are beyond the scope of this issues presented for consideration by regulatory standards concerning regulation. the proposal, the provided 30-day individual retirement plan providers, D. Effective Date comment period affords interested investment products, preservation of persons an adequate amount of time to principal, rates of return, liquidity, and As discussed above, section analyze the proposal and submit fees and expenses. 657(c)(2)(A) of EGTRRA provides that comments thereon. One-time costs associated with the requirements of section modifying a summary plan description 401(a)(31)(B) of the Code requiring F. Regulatory Impact Analysis or summary of material modifications to automatic rollovers of mandatory Summary satisfy the safe harbor conditions are distributions to individual retirement expected to amount to about $13 plans do not become effective until the The purpose of this proposed million. Department issues final safe harbor regulation is to establish conditions The proposed safe harbor will regulations. Inasmuch as it appears clear under which a fiduciary will be deemed preserve the principal amounts of that Congress did not intend fiduciaries to satisfy the fiduciary obligations under automatic rollovers of mandatory to be subject to the automatic rollover section 404(a) of ERISA in connection distributions by ensuring that the requirements under the Code in the with the automatic rollover of a various fees and expenses that apply to absence of a safe harbor, the Department mandatory distribution as described in the individual retirement plans believes the effective date of the rollover amended Code section 401(a)(31)(B). established for mandatory distributions requirement must be determined by The EGTRRA amendment is estimated are not more costly than those charged reference to the effective date of the to have significant costs and benefits in by the provider to individual retirement final safe harbor regulation, that is the that it annually will provide 241,000 plans for comparable rollover date on which plan fiduciaries may former participants with preserved distributions that are not subject to the avail themselves of the relief provided retirement savings of about $249 million automatic rollover provisions of Code by the safe harbor. In this regard, the and immediate tax savings of about $71 section 401(a)(31)(B). If adopted as Department is proposing to make the million. Included in those 241,000 proposed, this guidance may also result final safe harbor regulation effective 6 participants are 98,000 who are in a transfer of individual retirement months after the date of publication in assumed to be passive or non- plan costs to other individual retirement the Federal Register in order to afford responsive. Establishing individual plans or to plan sponsors to the extent plan fiduciaries adequate time to amend retirement plans for these participants that earnings and available profit are their plans, distribute required for automatic rollovers of mandatory less than the fees that the individual disclosures and identify institutions and distributions will reduce ordinary plan retirement plan provider would products that would afford relief under administrative expenses attributable to ordinarily charge for comparable the final safe harbor regulation. those participants by an estimated $9.5 individual retirement plans. million in the first year. Further discussion of costs and E. Request for Comments The amendment will generate one- benefits and the data and assumptions The Department invites comments time administrative compliance costs of underlying these estimates will be from interested persons on all aspects of an estimated $139 million, and found below. the proposed safe harbor provided individual retirement plan herein, including the proposed effective establishment and maintenance fees Executive Order 12866 Statement date. Comments (preferably at least totaling $14.4 million in the first year. Under Executive Order 12866, the three copies) should be addressed to the Automatic rollovers of mandatory Department must determine whether a Office of Regulations and distributions may give rise to other costs regulatory action is ‘‘significant’’ and Interpretations, Employee Benefits as well, such as investment expenses, therefore subject to the requirements of Security Administration, Room N–5669, termination charges, and surrender the Executive Order and subject to U.S. Department of Labor, 200 charges, but the magnitude of some of review by the Office of Management and Constitution Avenue NW., Washington, those expenses will relate to the actual Budget (OMB). Under section 3(f) of the DC 20210. Attn: Automatic Rollover investment products selected. The range Executive Order, a ‘‘significant Regulation. Comments also may be of possible costs that relate to regulatory action’’ is an action that is submitted electronically to e- investment products is considered too likely to result in a rule (1) having an [email protected]. All comments received will broad to support meaningful estimates. annual effect of the economy of $100 be available for public inspection at the The savings that will arise from this million or more, or adversely and Public Disclosure Room, N–1513, safe harbor are expected to substantially materially affecting a sector of the Employee Benefits Security outweigh its costs and transfers. The economy, productivity, competition, Administration, 200 Constitution guidance provided by this proposed jobs, the environment, public health or Avenue NW., Washington, DC 20210. regulation is expected to result in an safety, or State, local or tribal The Department has limited the aggregate savings of administrative governments or communities (also comment period to 30 days in order to compliance costs for plans of about $92 referred to as ‘‘economically issue a final regulation on the earliest million by lessening the time required significant’’); (2) creating serious possible date, taking into account to select an individual retirement plan inconsistency or otherwise interfering provider, investment product, and fee with an action taken or planned by 16 See FAQs: Final CIP Rule at: http:// structure that are consistent with the another agency; (3) materially altering www.occ.treas.gov/10.pdf http://www.fincen.gov/ finalciprule.pdf http://www.ots.treas.gov/docs/ provisions of Code section 401(a)(31)(B) the budgetary impacts of entitlement 25188.pdf http://www.fdic.gov/news/news/ and ERISA section 404(a) with respect grants, user fees, or loan programs or the financial/2004/FIL0404a.html to automatic rollovers of mandatory rights and obligations of recipients

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thereof; or (4) raising novel legal or retirement plans. The proportion of were passive or non-responsive. policy issues arising out of legal pension plans that provide for such Assuming that the accounts of these mandates, the President’s priorities, or mandatory distributions is not known, participants were comparable in size the principles set forth in the Executive but is believed based on anecdotal and would also be automatically rolled Order. OMB has determined that this evidence to be very high. This total cost over after the amendment is effective, action is significant under section 3(f)(4) may be lessened to the extent that fewer the aggregate amount of automatic because it raises novel legal or policy plans will need to address the automatic rollovers of mandatory distributions to issues arising from the President’s rollover requirement, or that the individual retirement plans for 241,000 priorities. Accordingly, the Department assistance of service providers to participants would be about $699 has undertaken an analysis of the costs multiple plans results in greater million per year ($415 million plus $284 and benefits of the proposed regulation. efficiency. million). Only $415 million of this total OMB has reviewed this regulatory The Census Bureau’s 1996 Survey of represents retirement savings that action. Program Participation (SIPP), Wave 7 would not otherwise have been Pension Benefits Module collected preserved, given that the $284 million 1. Costs and Benefits of the EGTRRA information as to the number, uses, and was already maintained in retirement Amendment values of lump sum distributions from plans. The impact of the amendment to Code private pension plans in 1997. The The amount of some mandatory section 401(a)(31) is distinguishable survey responses show whether a distributions subject to the automatic from the impact of the proposed distribution was mandatory or rollover requirements of section regulation, and is expected to affect, in voluntary, and whether the amount 401(a)(31)(B) of the Code may be more the aggregate, fiduciaries, plan involved was ‘‘Rolled over into another than $5,000. This can occur where the participants, and certain regulated plan, an IRA, or an individual present value of the nonforfeitable financial institutions. Fiduciaries will retirement annuity’’ (‘‘rolled over’’). The accrued benefits immediately incur initial administrative expenses to number of lump sum distributions distributable includes additional funds select providers and investment between $1,001 and $5,000 that were attributable to prior rollover products. Plan participants who may characterized as mandatory and put to contributions (and the earnings otherwise receive a cash distribution other specific uses enumerated in the thereon). and pay ordinary income tax and survey instrument (‘‘lump sums’’) has The Department did not attempt to penalties on the amount distributed will been used for the purpose of this estimate the number or dollar amount of not pay those taxes because the amounts analysis to approximate the number of mandatory distributions eligible for would have been retained in the participants in plans with mandatory relief under the proposed safe harbor pension system to earn additional tax- distribution provisions that might fail to regulation that may exceed $5,000. deferred income for retirement. As a make an affirmative election. The Adequate data to support such estimates result of the amendment, certain costs number of automatic rollovers of are not currently available. and fees will also be incurred by mandatory distributions that will occur The Department believes it is pension plans in connection with because of the Code amendment may be probable that the number of mandatory automatic rollovers and the investments smaller than the number of lump sums distributions containing prior rollover for individual retirement plans. Finally, because some of these participants may contributions that will be subject to the certain regulated financial institutions have made an affirmative election. It automatic rollover requirement of will receive additional deposits and seems reasonable to assume that section 401(a)(31)(B) of the Code will be earnings potential, and incur costs and distributions rolled over would have small but the number of plans affected charge fees for account maintenance. involved an affirmative election, and and the dollar amount of some of these After the effective date of the that the number of participants making mandatory distributions might be large. amendment, plans that currently affirmative elections will be largely A large majority of 401(k) plan mandate immediate distributions for unchanged. The number of lump sums participants are in plans that accept amounts of greater than $1,000 but not is assumed to represent an upper bound rollover contributions, according to the exceeding $5,000 will, absent an of the number of participants potentially Bureau of Labor Statistics. There is affirmative election of a different affected by the automatic rollover some evidence, however, that rollovers alternative, make direct transfers of provisions of Code section 401(a)(31)(B). into qualified plans are infrequent, these distributions to an individual SIPP data show that in 1997 about which suggests that the number of retirement plan. To implement this 143,000 mandatory lump sum participants whose accounts include change, fiduciaries and their distributions of $1,001 to $5,000 were amounts attributable to prior rollover professional service providers will need made. Using the midpoint of the contributions may be small. The number to review the new requirements and reported groupings of distribution of such participants that will eventually select individual retirement plan amounts (e.g., $1,500 for $1,001 to become the owners of an automatic providers and investment products. The $1,999) the total amount of retirement rollover individual retirement plan will amount of time required for this activity savings distributed was about $415 be further limited by a number of will vary, but based on 680,000 million, or an average of $2,900 per factors, on which no data are available. retirement plans and an assumed hourly former participant. The account Some plans will not mandate rate of $68, the aggregate cost of each balances and present values of accrued distribution of accounts that include hour is over $46 million. An effort benefits (‘‘accounts’’) of an additional prior rollover contributions and involving an average of 3 hours would 98,000 participants were left in plans therefore exceed $5,000. Some accounts result in an aggregate one-time cost of during the same year for reasons that are of participants with prior rollover about $139 million. For this estimate we not known. Although there is some contributions will accumulate more have conservatively assumed that all uncertainty with respect to this than $5,000 of additional contributions, plans provide for such mandatory assumption, this number has been used thereby becoming ineligible for distributions and will need to take here as a proxy for a number of mandatory distributions. Some action to implement procedures for participants that did not receive participants whose accounts do not automatic rollovers to individual mandatory distributions because they accumulate more than $5,000 will

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affirmatively direct, upon leaving charged against individual retirement 2. Benefits and Costs of the Proposed employment, the disposition of their plans. Aggregate annual establishment Regulation accounts. Compared with other fees for rollovers arising from the The proposed regulation will benefit participants, those with prior rollover amendment each year are estimated to fiduciaries by affording them greater contributions, especially those with range from a negligible amount to $2.4 assurance of compliance and reduced large rollover contributions, may be million at the upper end of a range exposure to risk. Specificity as to the more likely to accumulate more than based on typical establishment fees for types of entities that may receive the $5,000 from new contributions and comparable individual retirement plan rollovers, the investment choices, and more likely to affirmatively direct the rollovers that range from no charge to the limitations on fees will lessen the disposition of their accounts. $10 per account. Annual maintenance time required to comply with the The Department invites comments on EGTRRA amendment. The substantive the potential economic impact of the fees, which typically range from $7 to conditions of the safe harbor will benefit safe harbor established by this proposed $50, with a mid-point of $29, are regulation in connection with the estimated to range from $1.7 million to former participants by directing their mandatory distributions of accounts $12 million, implying a mid-point retirement savings to individual valued at more than $5,000. estimate of $6.9 million, for individual retirement plans, providers, regulated The Joint Committee on Taxation’s retirement plans established in the first financial institutions, and investment May 26, 2001 estimates of budget effects year. Assuming that individual products that minimize risk and offer for this provision of EGTRRA indicated retirement plans continue to be preservation of principal and liquidity. revenue losses on the order of about $30 established at a constant rate of 241,000 The limitation of fees and expenses will million per year, which suggests a plans per year and that, at an upper also benefit individual retirement plan account holders. Fees and expenses for substantially lower estimate of the bound, no account holders assume the individual retirement plans will be aggregate preservation of retirement control of their plans, maintenance fees limited under the safe harbor to those savings, amounting to about $83 million would continue to grow at an average that would be charged by the provider for private plan participants. The reason rate of $6.9 million annually. for this difference is unknown. to comparable individual retirement Interpreting these differing estimates as As noted earlier, although plans established for rollover ends of a range, ordinary income tax establishment and maintenance fees are distributions that are not subject to and penalty savings are expected to relatively predictable based on automatic rollover provisions of the amount to between $30 million and comparable individual retirement plans Code, thereby preserving principal. The $112 million per year, while aggregate for rollover distributions available in the limitation of maintenance fees to the retirement savings are expected to marketplace, the types of investment extent of income earned will also serve increase by between $83 million and products available and the actual to maintain principal. $415 million per year. For purposes of choices that may be made by fiduciaries The benefits of greater certainty for discussion, midpoint values of $71 are considered to be too variable to fiduciaries and protection of million and $249 million are used here. support a meaningful estimate of participants cannot be specifically These savings for former participants investment fees, termination charges, quantified. The proposed regulation is, and distributions of amounts previously and surrender fees. however, expected to reduce one-time retained in plans also represent startup administrative compliance costs Plans will benefit from administrative increased deposits to regulated financial by as much as $92 million by narrowing institutions. cost savings under the Code amendment the range of individual retirement plan The establishment and maintenance for those 98,000 accounts that providers and investment products of individual retirement plans for previously remained in pension plans fiduciaries might otherwise consider, automatic rollovers of mandatory but are assumed to be subject to assuming a savings of 2 of the 3 hours distributions will generate costs to mandatory rollover provisions under that compliance would otherwise individual retirement plans that may be EGTRRA. Ordinary administrative costs require. defrayed by administrative fees to the that typically range from $45 to $150 No estimate is made for the impact of extent that the individual retirement per participant will be saved when the limitation on fees charged to the plan providers charge them. Certain accounts are rolled over, reducing plan subject individual retirement plans investments may also generate fees. expenses by about $4.4 million to $14.7 compared to those charged by Some individual retirement plan million, or an average of $9.5 million in individual retirement plan providers for providers may have termination fees, the first year. Assuming an annual comparable individual account plans and some investments may have rollover of 98,000 accounts that would established for rollover distributions surrender charges associated with them have remained in pensions plans, cost that are not subject to section that would be incurred at a later time savings to plans would continue to 401(a)(31)(B) of the Code because the when a former participant chose to increase at an average of $9.5 million Department is not aware of a basis for exercise control over the account. With per year. The cost savings realized in judging whether and in what magnitude interpretive guidance, fiduciaries and each year will continue to accumulate providers would charge different fees the regulated financial institutions will through the future years that the absent the safe harbor. have increased certainty regarding the The proposal may affect the manner accounts would otherwise have limitations on costs, fees, and charges in which fees and expenses would remained in the pension plan. for individual retirement plans. In the otherwise have been allocated among absence of the proposed safe harbor and For the estimated 8 percent of these plan sponsors and individual retirement the fiduciary’s desire to make use of the accounts that were in defined benefit plans. Under section 2550.404a– safe harbor, such costs and fees could be plans, a small savings of approximately 2(c)(4)(ii) of the proposed regulation, paid by plan sponsors or charged to $144,000 would be realized from fees and expenses may be charged only individual retirement plans. However, it reduced funding risk and corresponding against the income earned by the has been assumed here that in the premium payments to the Pension individual retirement plan. In some absence of guidance, most fees would be Benefit Guaranty Corporation (PBGC). instances, particularly in the case of

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smaller individual retirement plans and information collection request approved Further, while some large employers when interest rates are low, the credited separately under OMB control number may have small plans, in general small interest, together with any profit the 1210–0039. However, this modification employers maintain most small plans. individual retirement plan provider is not considered to be substantive or Thus, EBSA believes that assessing the might otherwise derive from holding the material in the context of that impact of this proposed rule on small plan, may not cover the cost incurred by information collection request as a plans is an appropriate substitute for the provider to maintain the plan. The whole. In addition, the methodology for evaluating the effect on small entities. Department believes that in these calculating burden under the Paperwork The definition of small entity circumstances individual retirement Reduction Act for the Summary Plan considered appropriate for this purpose plan providers will offset or subsidize Description takes into account a steady differs, however, from a definition of any such uncovered costs either through rate of change in Summary Plan small business which is based on size increased maintenance fees on larger Descriptions that is estimated to standards promulgated by the Small automatic rollovers, through increased accommodate the change that would be Business Administration (SBA) (13 CFR administrative charges to plan sponsors, made by this proposed rulemaking. As 121.201) pursuant to the Small Business or possibly both. Because such a result, the Department has not made Act (15 U.S.C. 631 et seq.). EBSA uncovered costs (if any) derive from a a submission for OMB approval in therefore requests comments on the provision of this proposed regulation, connection with this rulemaking. appropriateness of the size standard any associated offsets or subsidies used in evaluating the impact of this Regulatory Flexibility Act would be attributable to it as well. The proposed rule on small entities. The Department would welcome comments The Regulatory Flexibility Act (5 Department does not expect that the on the probable incidence and U.S.C. 601 et seq.) (RFA) imposes financial institutions potentially magnitude of any such uncovered costs certain requirements with respect to impacted by this proposal will be small and associated offsets or subsidies. Federal rules that are subject to the entities. Plans will incur costs in connection notice and comment requirements of EBSA has preliminarily determined with the proposed safe harbor to modify section 553(b) of the Administrative that this rule will not have a significant summary plan descriptions or provide a Procedure Act (5 U.S.C. 551 et seq.) and economic impact on a substantial summary of material modifications. which are likely to have a significant number of small entities. In support of This cost is estimated to be about $13 economic impact on a substantial this determination, and in an effort to million. number of small entities. Unless an provide a sound basis for this agency determines that a proposed rule conclusion, EBSA has prepared the 3. Alternatives is not likely to have a significant following initial regulatory flexibility In preparation for drafting the economic impact on a substantial analysis. proposed regulation, the Department number of small entities, section 603 of Section 657(c)(2)(A) of EGTRRA published an RFI (68 FR 991) requesting the RFA requires that the agency present directed the Department to issue comment on issues relating to the an initial regulatory flexibility analysis regulations providing safe harbors under development of safe harbors for at the time of the publication of the which a plan administrator’s automatic rollovers and assistance in notice of proposed rulemaking designation of an institution to receive drafting regulations. The Department describing the impact of the rule on automatic rollovers of mandatory received 17 comments from the general small entities and seeking public distributions pursuant to section public, service providers, and comment on such impact. Small entities 401(a)(31)(B) of the Code and the initial professional associations involved with include small businesses, organizations investment choice for the rolled-over pension planning, investing, and and governmental jurisdictions. funds would be deemed to satisfy the retirement accounts. Commenters For purposes of analysis under the fiduciary responsibility provisions of opined on potential costs, issues of RFA, the Employee Benefits Security section 404(a) of ERISA. This EGTRRA fiduciary liability and prohibited Administration (EBSA) proposes to provision further provided that the Code transaction relief, technical continue to consider a small entity to be provisions requiring automatic rollovers considerations involving state and an employee benefit plan with fewer of certain mandatory distributions to federal laws, disclosures to participants, than 100 participants. The basis of this individual retirement plans would not and draft language for the proposed definition is found in section 104(a)(2) become effective until the Department regulation. Responses to the RFI of ERISA, which permits the Secretary issued safe harbor regulations. Before informed the drafting process by of Labor to prescribe simplified annual issuing this proposal, the Department permitting the Department to consider reports for pension plans which cover requested comments on the potential alternatives for achieving the regulatory fewer than 100 participants. Under design of the safe harbor. objective at the initial stages. A more section 104(a)(3), the Secretary may also The conditions set forth in this detailed discussion of the comments provide for exemptions or simplified proposed regulation are intended to and the considerations given the annual reporting and disclosure for satisfy the EGTRRA requirement that alternatives by the Department is welfare benefit plans. Pursuant to the the Department prescribe regulations provided earlier in the preamble. authority of section 104(a)(3), the providing for safe harbors, while Department has previously issued at 29 meeting the objectives of offering greater Paperwork Reduction Act CFR 2520.104–20, 2520.104–21, certainty to fiduciaries concerning their This Notice of Proposed Rulemaking 2520.104–41, 2520.104–46 and compliance with the requirements of is not subject to the requirements of the 2520.104b–10 certain simplified ERISA section 404(a), and of preserving Paperwork Reduction Act of 1995 (44 reporting provisions and limited assets of former plan participants for U.S.C. 3501 et seq.) because it does not exemptions from reporting and retirement income purposes. In contain a ‘‘collection of information’’ as disclosure requirements for small plans, describing the financial institutions, defined in 44 U.S.C. 3502(3). It is including unfunded or insured welfare investment products, and fee expected that this proposed rule will plans covering fewer than 100 arrangements that fall within the safe result in a modification of retirement participants and which satisfy certain harbor, the Department has attempted to plan Summary Plan Descriptions, an other requirements. strike a balance between the interests of

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fiduciaries, individual retirement plan retirement plans. The Department provisions of Titles I and IV of ERISA providers, and the investment goal of specifically requested in the RFI that supersede any and all laws of the States preserving principal. commenters, ‘‘address the anticipated as they relate to any employee benefit The proposed rule would impact annual impact of any proposals on small plan covered under ERISA. The small plans that include provisions for businesses and small plans (plans with requirements implemented in this the mandatory distribution of accounts fewer than 100 participants).’’ The proposed rule do not alter the with a value exceeding $1,000 and not Department received three comments fundamental provisions of the statute greater than $5,000. It has been assumed that pertained specifically to small with respect to employee benefit plans, for the purposes of this analysis that all plans, the first of which cautioned that and as such would have no implications plans include such provisions, although plan sponsors would be deterred from for the States or the relationship or the number may actually be somewhat sponsoring plans with a mandatory distribution of power between the lower. On this basis, it is expected that distribution provision by placement of national government and the States. the proposal will affect 611,800 small any additional burdens on them. plans. The proportion of the total of Another comment indicated that, List of Subjects in 29 CFR Part 2550 241,000 participants estimated to be because of technological improvements, Employee benefit plans, Exemptions, affected annually by the amendment to the burden on small plans would be Fiduciaries, Investments, Pensions, Code section 401(a)(31)(B) that were in manageable. Finally, a third commenter Prohibited transactions, Real estate, small plans is not known. Similarly, noted that annual costs would not be Securities, Surety bonds, Trusts and there are no available data on the any higher for small plans. trustees. number of participants that will To the Department’s knowledge, there For the reasons set forth in the separate from employment with account are no federal regulations that might preamble, the Department proposes to balances of more than $5,000 (because duplicate, overlap, or conflict with the amend Subchapter F, Part 2550 of Title of prior rollover contributions) that may proposed regulation for safe harbors 29 of the Code of Federal Regulations as be, depending on the provisions of the under section 404(a) of ERISA. follows: distributing plans, automatically rolled over under EGTRRA. It is assumed that Congressional Review Act SUBCHAPTER F—FIDUCIARY all 611,800 small plans will need to The notice of proposed rulemaking RESPONSIBILITY UNDER THE EMPLOYEE address compliance with the Code being issued here is subject to the RETIREMENT INCOME SECURITY ACT OF 1974 amendment and section 404(a) of provisions of the Congressional Review ERISA. Act provisions of the Small Business PART 2550—RULES AND As described above, the costs and Regulatory Enforcement Fairness Act of REGULATIONS FOR FIDUCIARY benefits of the Code amendment and 1996 (5 U.S.C. 801 et seq.) and, if RESPONSIBILITY safe harbor proposal are distinguishable, finalized, will be transmitted to the and estimated separately. As also noted, Congress and the Comptroller General 1. The authority citation for part 2550 the proposed regulation is expected to for review. is revised to read as follows: substantially reduce the cost of Unfunded Mandates Reform Act Authority: 29 U.S.C. 1135; sec. 657, Pub. compliance with the Code amendment. L. 107–16, 115 Stat. 38; and Secretary of The initial cost of the Code amendment Pursuant to provisions of the Labor’s Order No. 1–2003, 68 FR 5374 (Feb. for small plans is expected to be about Unfunded Mandates Reform Act of 1995 3, 2003). Sec. 2550.401b–1 also issued under $124 million. The one-time savings from (Pub. L. 104–4), this rule does not sec. 102, Reorganization Plan No. 4 of 1978, the proposed regulation is estimated at include any Federal mandate that may 43 FR 47713 (Oct. 17, 1978), 3 CFR, 1978 about $83 million for small plans result in expenditures by State, local, or Comp. 332, effective Dec. 31, 1978, 44 FR compared with $9 million for large tribal governments, or the private sector, 1065 (Jan. 3, 1978), 3 CFR, 1978 Comp. 332. plans, due to the significantly larger which may impose an annual burden of Sec. 2550.401c–1 also issued under 29 U.S.C. $100 or more. 1101. Sec. 2550.404c–1 also issued under 29 number of small plans. The condition of U.S.C. 1104. Sec. 2550.407c–3 also issued the safe harbor requiring disclosure of Federalism Statement under 29 U.S.C. 1107. Sec. 2550.408b–1 also specific information in a summary plan issued under 29 U.S.C. 1108(b)(1) and sec. description or summary of material Executive Order 13132 (August 4, 102, Reorganization Plan No. 4 of 1978, 3 modification is expected to result in 1999) outlines fundamental principles CFR, 1978 Comp. p. 332, effective Dec. 31, costs of about $11 million. Preparation of federalism and requires the 1978, 44 FR 1065 (Jan. 3, 1978), and 3 CFR, of this information is in most cases adherence to specific criteria by federal 1978 Comp. 332. Sec. 2550.412–1 also issued accomplished by professionals that agencies in the process of their under 29 U.S.C. 1112. provide services to employee benefit formulation and implementation of 2. Add § 2550.404a–2 to read as plans. Where fiduciaries prepare these policies that have substantial direct follows: materials themselves, it is assumed that effects on the States, the relationship persons at the professional level of between the national government and § 2550.404a–2 Safe harbor for automatic budget analysts or financial managers the States, or on the distribution of rollovers to individual retirement plans. will complete the necessary work. power and responsibilities among the (a) In general. (1) Pursuant to section The benefits of greater certainty various levels of government. This 657(c) of the Economic Growth and Tax afforded fiduciaries by the safe harbor proposed rule would not have Relief Reconciliation Act of 2001, Public are substantial but cannot be federalism implications because it has Law 107–16, June 7, 2001, 115 Stat. 38, specifically quantified. no substantial direct effect on the States, this section provides a safe harbor under Prior to publication of this proposed on the relationship between the national which a fiduciary of an employee regulation, the Department published an government and the States, or on the pension benefit plan subject to Title I of RFI requesting comments and distribution of power and the Employee Retirement Income suggestions from the general public on responsibilities among the various Security Act of 1974, as amended (the developing guidelines to assist levels of government. Section 514 of Act), 29 U.S.C. 1001 et seq., will be fiduciaries in selecting institutions and ERISA provides, with certain exceptions deemed to have satisfied his or her investment products for individual specifically enumerated, that the fiduciary duties under section 404(a) of

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the Act in connection with an automatic (3)(i) The mandatory distribution is the exception of charges assessed for the rollover of a mandatory distribution invested in an investment product establishment of the individual described in section 401(a)(31)(B) of the designed to preserve principal and retirement plan; Internal Revenue Code of 1986, as provide a reasonable rate of return, (5) Participants have been furnished a amended (the Code). whether or not such return is summary plan description, or a (2) The standards set forth in this guaranteed, consistent with liquidity, summary of material modifications, that section apply solely for purposes of and taking into account paragraph (c)(4) describes the plan’s automatic rollover determining whether a fiduciary meets of this section. For this purpose, the provisions effectuating the requirements the requirements of this safe harbor. product must be offered by a state or of section 401(a)(31)(B) of the Code, Such standards are not intended to be federally regulated financial institution, including an explanation that the the exclusive means by which a as defined in paragraph (c)(3)(ii) of this mandatory distribution will be invested fiduciary might satisfy his or her section, and must seek to maintain a in an investment product designed to responsibilities under the Act with stable dollar value equal to the amount preserve principal and provide a respect to automatic rollovers of invested in the product by the reasonable rate of return and liquidity, mandatory distributions described in individual retirement plan, and section 401(a)(31)(B) of the Code. (ii) For purposes of this section, a a statement indicating how fees and (b) Safe harbor. A fiduciary that meets regulated financial institution shall be: expenses attendant to the individual the conditions of paragraph (c) of this a bank or savings association, the retirement plan will be allocated, and section is deemed to have satisfied his deposits of which are insured by the the name, address and phone number of or her duties under section 404(a) of the Federal Deposit Insurance Corporation; a plan contact (to the extent not Act with respect to both the selection of a credit union, the member accounts of otherwise provided in the summary an individual retirement plan provider which are insured within the meaning plan description or summary of material and the investment of funds in of section 101(7) of the Federal Credit modifications) for further information connection with an automatic rollover Union Act; an insurance company, the concerning the plan’s automatic rollover of a mandatory distribution described in products of which are protected by state provisions, the individual retirement section 401(a)(31)(B) of the Code to an guarantee associations; or an investment plan provider and the fees and expenses individual retirement plan, within the company registered under the attendant to the individual retirement meaning of section 7701(a)(37) of the Investment Company Act of 1940; plan; and Code. (4)(i) Fees and expenses attendant to (6) Both the fiduciary’s selection of an (c) Conditions. With respect to an the individual retirement plan, individual retirement plan and the automatic rollover of a mandatory including investments of such plan, investment of funds would not result in distribution described in section (e.g., establishment charges, a prohibited transaction under section 401(a)(31)(B) of the Code, a fiduciary maintenance fees, investment expenses, 406 of the Act, unless such actions are shall qualify for the safe harbor termination costs and surrender exempted from the prohibited described in paragraph (b) of this charges) shall not exceed the fees and transaction provisions by a prohibited section if: expenses charged by the individual transaction exemption issued pursuant (1) The present value of the retirement plan provider for comparable to section 408(a) of the Act. nonforfeitable accrued benefit, as individual retirement plans established Signed at Washington, DC, this 24th day of determined under section 411(a)(11) of for rollover distributions that are not February, 2004. the Code, does not exceed the maximum subject to the automatic rollover amount under section 401(a)(31)(B) of provisions of section 401(a)(31)(B) of the Ann L. Combs, the Code; Code, and Assistant Secretary, Employee Benefits (2) The mandatory distribution is to (ii) Fees and expenses attendant to the Security Administration, Department of an individual retirement plan within the individual retirement plan may be Labor. meaning of section 7701(a)(37) of the charged only against the income earned [FR Doc. 04–4551 Filed 3–1–04; 8:45 am] Code; by the individual retirement plan, with BILLING CODE 4150–29–P

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Reader Aids Federal Register Vol. 69, No. 41 Tuesday, March 2, 2004

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MARCH

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 26 CFR Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Proclamations: 1...... 9529 The United States Government Manual 741–6000 6867 (Amended by Proposed Rules: Proc. 7757) ...... 9515 1...... 9560, 9771 Other Services 7757...... 9515 Electronic and on-line services (voice) 741–6020 29 CFR 7 CFR Privacy Act Compilation 741–6064 Proposed Rules: Public Laws Update Service (numbers, dates, etc.) 741–6043 319...... 9743 2550...... 9900 TTY for the deaf-and-hard-of-hearing 741–6086 400...... 9519 457...... 9519 33 CFR 783...... 9744 117 ...... 9547, 9549, 9550, 9551 ELECTRONIC RESEARCH Proposed Rules: 165...... 9552 1000...... 9763 World Wide Web Proposed Rules: 1001...... 9763 117...... 9562 Full text of the daily Federal Register, CFR and other publications 1005...... 9763 402...... 9774 is located at: http://www.access.gpo.gov/nara 1006...... 9763 Federal Register information and research tools, including Public 1007...... 9763 40 CFR 1030...... 9763 Inspection List, indexes, and links to GPO Access are located at: 62...... 9554 http://www.archives.gov/federallregister/ 1032...... 9763 1033...... 9763 70...... 9557 E-mail 1124...... 9763 82...... 9754 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 1126...... 9763 Proposed Rules: 52...... 9776 an open e-mail service that provides subscribers with a digital 1131...... 9763 62...... 9564 form of the Federal Register Table of Contents. The digital form 9 CFR 141...... 9781 of the Federal Register Table of Contents includes HTML and 142...... 9781 PDF links to the full text of each document. 78...... 9747 93...... 9749 To join or leave, go to http://listserv.access.gpo.gov and select 44 CFR 14 CFR Online mailing list archives, FEDREGTOC-L, Join or leave the list 64...... 9755 (orchange settings); then follow the instructions. 39 ...... 9520, 9521, 9523, 9526, PENS (Public Law Electronic Notification Service) is an e-mail 9750 46 CFR service that notifies subscribers of recently enacted laws. 17 CFR 310...... 9758 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 210...... 9722 47 CFR and select Join or leave the list (or change settings); then follow 228...... 9722 the instructions. 229...... 9722 Proposed Rules: FEDREGTOC-L and PENS are mailing lists only. We cannot 240...... 9722 73...... 9790, 9791 respond to specific inquiries. 249...... 9722 49 CFR Reference questions. Send questions and comments about the 270...... 9722 Federal Register system to: infofedreg.nara.gov 274...... 9722 Proposed Rules: Proposed Rules: 172...... 9565 The Federal Register staff cannot interpret specific documents or 270...... 9726 173...... 9565 regulations. 174...... 9565 21 CFR 175...... 9565 FEDERAL REGISTER PAGES AND DATE, MARCH 520...... 9753 176...... 9565 Proposed Rules: 177...... 9565 9515–9742...... 1 101...... 9559 178...... 9565 9743–9910...... 2 24 CFR 50 CFR Proposed Rules: 216...... 9759 3284...... 9740 229...... 9760

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REMINDERS Warehouses for interest Virginia Electric & Power FEDERAL RESERVE The items in this list were commodity storage; Co. et al.; Open for SYSTEM editorially compiled as an aid approval standards; comments until further Availability of funds and to Federal Register users. comments due by 3-11- notice; published 10-1-03 collection of checks Inclusion or exclusion from 04; published 2-10-04 [FR [FR 03-24818] (Regulation CC): this list has no legal 04-02785] ENVIRONMENTAL Substitute checks; significance. COMMERCE DEPARTMENT PROTECTION AGENCY indorsement, reconverting National Oceanic and Air quality implementation bank identification, and Atmospheric Administration RULES GOING INTO plans; approval and truncating bank Endangered and threatened identification standards; EFFECT MARCH 2, 2004 promulgation; various species: States: comments due by 3-12- Sea turtle conservation West Virginia; comments 04; published 1-8-04 [FR COMMERCE DEPARTMENT requirements— 04-00300] National Oceanic and due by 3-11-04; published Chesapeake Bay; fishing Atmospheric Administration 2-10-04 [FR 04-02707] GENERAL SERVICES activities restrictions; Environmental statements; ADMINISTRATION Marine mammals: comments due by 3-8- Taking and importation— availability, etc.: Federal Acquisition Regulation 04; published 2-6-04 (FAR): Definitions; correction; [FR 04-02633] Coastal nonpoint pollution U.S.-Chile and U.S.- published 3-2-04 Fishery conservation and control program— Singapore Free Trade ENVIRONMENTAL management: Minnesota and Texas; Agreements; PROTECTION AGENCY Alaska; fisheries of Open for comments Air programs: until further notice; implementation; comments Exclusive Economic due by 3-8-04; published Stratospheric ozone published 10-16-03 [FR Zone— 1-7-04 [FR 04-00178] protection— Pollock; comments due by 03-26087] Significant new 3-10-04; published 2-27- Solid wastes: HEALTH AND HUMAN SERVICES DEPARTMENT alternatives policy 04 [FR 04-04368] Land disposal restrictions— program (SNAP); Centers for Medicare & Caribbean, Gulf, and South Heritage Environmental published 3-2-04 Medicaid Services Atlantic— Services LLC and HEALTH AND HUMAN Gulf of Mexico red Chemical Waste Medicaid: SERVICES DEPARTMENT grouper; comments due Management Inc.; site- Drug Rebate Program; time Food and Drug by 3-8-04; published 1- specific treatment limitation on Administration 8-04 [FR 04-00379] variances; comments recordkeeping Animal drugs, feeds, and Northeastern United States due by 3-12-04; requirements; comments related products: fisheries— published 2-11-04 [FR due by 3-8-04; published Levamisole powder for oral Tilefish; comments due by 04-02821] 1-6-04 [FR 03-32329] solution; published 3-2-04 3-12-04; published 2-11- Solid wastes: Medicare: 04 [FR 04-02869] NUCLEAR REGULATORY Land disposal restrictions— Hospital outpatient COMMISSION Northeastern United States prospective payment Spent nuclear fuel and high- fisheries— Heritage Environmental Services LLC and system and 2004 CY level radioactive waste; Monkfish; comments due Chemical Waste payment rates; comments independent storage; by 3-10-04; published Management Inc.; site- due by 3-8-04; published licensing requirements: 2-24-04 [FR 04-03852] specific treatment 1-6-04 [FR 03-32322] Approved spent fuel storage International fisheries variances; comments Physician fee schedule casks; list; published 12- regulations: due by 3-12-04; (2004 CY); payment 18-03 Pacific halibut— published 2-11-04 [FR reform for drugs and Effective date; published Catch sharing plan and 04-02820] biologicals; comments due 2-27-04 sport fishery by 3-8-04; published 1-7- TRANSPORTATION management; comments FEDERAL 04 [FR 03-32323] DEPARTMENT due by 3-9-04; COMMUNICATIONS COMMISSION HEALTH AND HUMAN Maritime Administration published 2-23-04 [FR SERVICES DEPARTMENT 04-03753] Common carrier services: Training: Food and Drug Federal-State Joint Board Merchant Marine Academy COURT SERVICES AND Administration and State Maritime OFFENDER SUPERVISION on Universal Service— Reports and guidance Academy Graduates; AGENCY FOR THE Schools and libraries; documents; availability, etc.: amendments; published 3- DISTRICT OF COLUMBIA universal service 2-04 Semi-annual agenda; Open for support mechanism; Evaluating safety of comments until further comments due by 3-11- antimicrobial new animal COMMENTS DUE NEXT notice; published 12-22-03 04; published 2-10-04 drugs with regard to their [FR 03-25121] [FR 04-02734] microbiological effects on WEEK bacteria of human health DEFENSE DEPARTMENT Telecommunications Act of concern; Open for 1996; implementation— AGRICULTURE Federal Acquisition Regulation comments until further DEPARTMENT (FAR): Pay telephone notice; published 10-27-03 Agricultural Marketing U.S.-Chile and U.S.- reclassification and [FR 03-27113] Service Singapore Free Trade compensation Almonds grown in— Agreements; provisions; comments HOMELAND SECURITY DEPARTMENT California; comments due by implementation; comments due by 3-10-04; 3-8-04; published 1-8-04 due by 3-8-04; published published 2-18-04 [FR Coast Guard [FR 04-00398] 1-7-04 [FR 04-00178] 04-03463] Anchorage regulations: AGRICULTURE ENERGY DEPARTMENT Radio stations; table of Maryland; Open for DEPARTMENT Federal Energy Regulatory assignments: comments until further Commodity Credit Commission Alabama; comments due by notice; published 1-14-04 Corporation Electric rate and corporate 3-8-04; published 2-10-04 [FR 04-00749] Loan and purchase programs: regulation filings: [FR 04-02833] Drawbridge operations:

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Louisiana; comments due by Investment company Eurocopter Deutschland; session of Congress which 3-9-04; published 1-9-04 governance practices; comments due by 3-8-04; have become Federal laws. It [FR 04-00386] comments due by 3-10- published 1-7-04 [FR 04- may be used in conjunction INTERIOR DEPARTMENT 04; published 1-23-04 [FR 00267] with ‘‘PLUS’’ (Public Laws Fish and Wildlife Service 04-01323] Eurocopter France; Update Service) on 202–741– SMALL BUSINESS comments due by 3-8-04; 6043. This list is also Endangered and threatened available online at http:// species: ADMINISTRATION published 1-8-04 [FR 04- 00370] www.archives.gov/ Permits; survival Disaster loan areas: federal—register/public—laws/ enhancement initiatives; Maine; Open for comments General Electric Co.; public—laws.html. application requirements until further notice; comments due by 3-8-04; and issuance criteria; published 2-17-04 [FR 04- published 1-6-04 [FR 04- 03374] 00144] The text of laws is not comments due by 3-9-04; published in the Federal McDonnell Douglas; published 2-23-04 [FR 04- SOCIAL SECURITY Register but may be ordered comments due by 3-8-04; 03869] ADMINISTRATION in ‘‘slip law’’ (individual published 1-22-04 [FR 04- INTERIOR DEPARTMENT Supplemental security income: pamphlet) form from the 01308] Surface Mining Reclamation Income and resource Superintendent of Documents, and Enforcement Office determination; comments Saab; comments due by 3- U.S. Government Printing 8-04; published 2-6-04 Permanent program and due by 3-8-04; published Office, Washington, DC 20402 [FR 04-02482] abandoned mine land 1-6-04 [FR 04-00060] (phone, 202–512–1808). The reclamation plan TRANSPORTATION Short Brothers; comments text will also be made submissions: DEPARTMENT due by 3-8-04; published available on the Internet from 2-6-04 [FR 04-02471] Texas; comments due by 3- Federal Aviation GPO Access at http:// 10-04; published 2-9-04 Administration Airworthiness standards: www.gpoaccess.gov/plaws/ [FR 04-02706] Airmen certification: Special conditions— index.html. Some laws may not yet be available. Surface and underground Flight simulation device; Boeing Model 777 series mining activities: initial and continuing airplanes; comments H.R. 3850/P.L. 108–202 Excess spoil fills, qualification and use due by 3-8-04; construction requirements; requirements; comments published 2-6-04 [FR Surface Transportation stream buffer zones, due by 3-11-04; published 04-02436] Extension Act of 2004 (Feb. clarification; comments 2-10-04 [FR 04-02872] TRANSPORTATION 29, 2004; 118 Stat. 478) due by 3-8-04; published Airworthiness directives: DEPARTMENT Last List February 26, 2004 1-7-04 [FR 04-00266] Agusta S.p.A.; comments Research and Special JUSTICE DEPARTMENT due by 3-8-04; published Programs Administration 1-8-04 [FR 04-00369] Prisons Bureau Pipeline safety: Airbus; comments due by 3- UNICOR business operations; 8-04; published 2-6-04 Offshore pipeline facilities; Public Laws Electronic addresses changes and [FR 04-02483] periodic underwater Notification Service clarification; comments due inspections; comments BAE Systems (Operations) (PENS) by 3-9-04; published 1-9-04 due by 3-10-04; published Ltd.; comments due by 3- [FR 04-00472] 2-5-04 [FR 04-02453] 8-04; published 2-6-04 NATIONAL AERONAUTICS [FR 04-02474] TREASURY DEPARTMENT AND SPACE PENS is a free electronic mail Construcciones Comptroller of the Currency ADMINISTRATION notification service of newly Aeronauticas, S.A.; Corporate activities: enacted public laws. To Federal Acquisition Regulation comments due by 3-8-04; subscribe, go to http:// (FAR): National banks; change in published 2-6-04 [FR 04- asset composition; listserv.gsa.gov/archives/ U.S.-Chile and U.S.- 02476] comments due by 3-8-04; publaws-l.html Singapore Free Trade Dassault; comments due by published 1-7-04 [FR 04- Agreements; 3-8-04; published 2-6-04 00247] Note: This service is strictly implementation; comments [FR 04-02473] for E-mail notification of new due by 3-8-04; published Empresa Brasileira de laws. The text of laws is not 1-7-04 [FR 04-00178] Aeronautica S.A. LIST OF PUBLIC LAWS available through this service. SECURITIES AND (EMBRAER); comments PENS cannot respond to EXCHANGE COMMISSION due by 3-8-04; published This is a continuing list of specific inquiries sent to this Investment companies: 2-6-04 [FR 04-02467] public bills from the current address.

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