1–15–04 Thursday Vol. 69 No. 10 Jan. 15, 2004

Pages 2289–2478

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1 II Federal Register / Vol. 69, No. 10 / Thursday, January 15, 2004

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2 III

Contents Federal Register Vol. 69, No. 10

Thursday, January 15, 2004

Agricultural Marketing Service Engineers Corps NOTICES NOTICES Committees; establishment, renewal, termination, etc.: Environmental statements; notice of intent: Lamb Promotion, Research, and Information Board; Maryland and Virginia tidal waters; introduction of certification and nomination of organizations, 2327– oyster species; meeting; correction, 2337 2328 Washington Aqueduct, Washington, DC; water treatment residuals management process; correction, 2395 Agriculture Department See Agricultural Marketing Service Environmental Protection Agency See Animal and Plant Health Inspection Service RULES See Foreign Agricultural Service Air programs: See Forest Service Highway motorcycles; emissions control, 2397–2445 See Rural Utilities Service Air programs; approval and promulgation; State plans for designated facilities and pollutants: Air Force Department New York, 2302–2304 NOTICES Puerto Rico; withdrawn, 2304 Active military service and discharge determinations: Air quality implementation plans; approval and U.S. and foreign civilian employees of CAT, Inc. (1950- promulgation; various States: 59); Air America (1961-1974), and Air America California, 2300–2302 (1964-1975) in various Asian countries, 2336 Superfund program: Meetings: National oil and hazardous substances contingency Scientific Advisory Board, 2336 plan— National priorities list update, 2304–2307 Animal and Plant Health Inspection Service PROPOSED RULES RULES Air programs; approval and promulgation; State plans for Plant-related quarantine, foreign: designated facilities and pollutants: Eucalyptus logs, lumber, and wood chips from South New York, 2323–2324 Air quality implementation plans; approval and America, 2289–2295 promulgation; various States: Army Department California, 2323 NOTICES See Engineers Corps Integrated risk information system: NOTICES Senior Executive Service: Toluene; toxicological review, 2350–2351 Meetings: Performance Review Board; membership, 2336–2337 Plant-incorporated protectant experimental use permits; Centers for Medicare & Medicaid Services public workshop, 2351–2352 See Inspector General Office, Health and Human Services Toxic and hazardous substances control: Department Interagency Testing Committee report— Receipt and comment request, 2467–2473 Coast Guard New chemicals— PROPOSED RULES Questions and answers, 2352–2354 Ports and waterways safety: Water supply: San Francisco Bay, San Francisco and Oakland, CA; Public water supply supervision program— security zones, 2320–2323 West Virginia, 2354 Station Port Huron, MI, Lake Huron; regulated navigation Executive Office of the President area, 2318–2320 See Presidential Documents Commerce Department Farm Credit Administration See International Trade Administration NOTICES See National Oceanic and Atmospheric Administration Meetings; Sunshine Act, 2354 Defense Department Federal Aviation Administration See Air Force Department RULES See Army Department Class E airspace, 2295–2298 See Engineers Corps PROPOSED RULES See Navy Department Class D and Class E airspace, 2311–2312 PROPOSED RULES Class E airspace, 2312–2313 Federal Acquisition Regulation (FAR): NOTICES Commercially available off-the-shelf items, 2447–2451 Aviation insurance: Premium war risk insurance, 2381–2382 Energy Department Passenger facility charges; applications, etc.: See Federal Energy Regulatory Commission Grand Forks International Airport, ND, 2382

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Federal Deposit Insurance Corporation General Services Administration NOTICES PROPOSED RULES Meetings; Sunshine Act, 2354–2355 Federal Acquisition Regulation (FAR): Commercially available off-the-shelf items, 2447–2451 Federal Energy Regulatory Commission NOTICES Health and Human Services Department Electric rate and corporate regulation filings, 2344–2349 See Food and Drug Administration Hydroelectric applications, 2349–2350 See Inspector General Office, Health and Human Services Applications, hearings, determinations, etc.: Department Allegheny Energy Supply Co., LLC, 2337–2338 ANR Pipeline Co., 2338–2339 Homeland Security Department Columbia Gas Transmission Corp., 2339–2340 Columbia Gulf Transmisson Co., 2340 See Coast Guard Crossroads Pipeline Co., 2340 Florida Gas Transmission Co., 2340–2341 Indian Affairs Bureau Gas Transmission Northwest Corp., 2341 PROPOSED RULES Iroquois Gas Transmission System, L.P., 2341 No Child Left Behind Negotiated Rulemaking Committee: Kinder Morgan Interstate Gas Transmission LLC, 2341– Meetings, 2317–2318 2342 NOTICES Southern Star Central Gas Pipeline, 2342 Agency information collection activities; proposals, Texas Eastern Transmission, LP, 2342–2343 submissions, and approvals, 2360 Texas Gas Transmission, LLC, 2343 TransColorado Gas Transmission Co., 2343 Inspector General Office, Health and Human Services Williston Basin Interstate Pipeline Co., 2343–2344 Department Wyoming Interstate Co., Ltd., 2344 NOTICES Program exclusions: list, 2355–2360 Federal Highway Administration NOTICES Interior Department Environmental statements; notice of intent: See Indian Affairs Bureau Multiple south and east counties, TX, 2382–2383 See Land Management Bureau South Kohala, HI, 2383–2384

Federal Housing Finance Board Internal Revenue Service NOTICES NOTICES Meetings; Sunshine Act, 2355 Agency information collection activities; proposals, submissions, and approvals, 2389–2394 Federal Transit Administration NOTICES International Trade Administration Grants and cooperative agreements; availability, etc.: NOTICES Transit assistance programs; certifications and Antidumping: assurances; annual list, 2453–2465 Folding metal tables and chairs from— China, 2329–2330 Financial Management Service Individually quick frozen red raspberries from— See Fiscal Service Chile, 2330–2331 Tapered roller bearings and parts, finished and Fiscal Service unfinished, from— NOTICES China, 2331–2332 Surety and reinsuring companies: Application and renewal fees, 2388–2389 International Trade Commission NOTICES Food and Drug Administration Import investigations: PROPOSED RULES Tin- and chromium-coated steel sheet from— GRAS or prior-sanctioned ingredients: Japan, 2361 Menhaden oil, 2313–2317

Foreign Agricultural Service Judicial Conference of the United States NOTICES NOTICES Trade adjustment assistance; applications, petitions, etc.: Meetings: Louisiana; crawfish producers; petition denied, 2328 Judicial Conference Committee on— United Fisheries Co-op, Inc., Biloxi, MS; petition denied, Appellate, Bankruptcy, and Criminal Procedure Rules, 2328 2361–2362

Forest Service Justice Department NOTICES See Justice Programs Office Meetings: NOTICES Oregon Coast Provincial Advisory Committee, 2328 Pollution control; consent judgments: Resource Advisory Committees— National Steel Corp., 2362 Del Norte County, 2328 Walnutdale Farms et al., 2362–2363

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Justice Programs Office Nuclear Regulatory Commission RULES NOTICES Grants: Agency information collection activities; proposals, Correctional Facilities on Tribal Lands Program, 2298– submissions, and approvals, 2364–2365 2299 Pension Benefit Guaranty Corporation Land Management Bureau RULES NOTICES Single-employer plans: Environmental statements; availability, etc.: Allocation of assets— Grazing administration— Interest assumptions for valuing and paying benefits, Livestock grazing on public lands exclusive of Alaska; 2299–2300 meetings, 2360–2361 NOTICES Single-employer and multiemployer plans: Interest rates and assumptions, 2365–2366 Marine Mammal Commission NOTICES Personnel Management Office Meetings: PROPOSED RULES Acoustic Impacts on Marine Mammals Advisory E-Government Act of 2002; implementation: Committee, 2363 Information Technology Exchange Program, 2308–2311

National Aeronautics and Space Administration Presidential Documents PROPOSED RULES ADMINISTRATIVE ORDERS Federal Acquisition Regulation (FAR): Regional Security System; eligibility to receive defense Commercially available off-the-shelf items, 2447–2451 articles and services (Presidential Determination No. NOTICES 2004-20, January 5, 2004), 2475–2477 Meetings: Revolutionize Aviation Subcommittee, 2363–2364 Public Debt Bureau Patent licenses; non-exclusive, exclusive, or partially See Fiscal Service exclusive: Bigelow Development Aerospace Division, LLC, 2364 Railroad Retirement Board Every Little Bit, Inc., 2364 Nivis LLC, 2364 NOTICES Agency information collection activities; proposals, submissions, and approvals, 2366–2367 National Highway Traffic Safety Administration NOTICES Research and Special Programs Administration Motor vehicle safety standards: RULES Nonconforming vehicles— Pipeline safety: Importation eligibility; determinations, 2384–2386 Hazardous liquid transportation— Gas transmission pipelines; integrity management in National Oceanic and Atmospheric Administration high consequence areas; correction, 2307 RULES NOTICES Fishery conservation and management: Pipeline safety: Northeastern United States fisheries— Waiver petitions— Spiny dogfish, 2307 Duke Energy Gas Transmission Co., 2386–2388 PROPOSED RULES Fishery conservation and management: Rural Utilities Service West Coast States and Western Pacific fisheries— NOTICES Pacific Coast groundfish, 2324–2326 Environmental statements; availability, etc.: NOTICES Golden Valley Electric Association, Inc., 2329 Endangered and threatened species: Anadromous fish take— Securities and Exchange Commission S.P. Cramer & Associates, Inc., et al., CA; Sacramento NOTICES River and Central Valley chinook salmon and Public Utility Holding Company Act of 1935 filings, 2367– steelhead, 2332–2333 2369 U.S. Forest Service, Corvallis, OR; Southern Oregon/ Self-regulatory organizations; proposed rule changes: Northern California Coast coho salmon, 2332 American Stock Exchange LLC, 2369–2373 Marine mammals: Depository Trust Co., 2373–2374 Incidental taking; authorization letters, etc.— Fixed Income Clearing Corp., 2375–2376 Engineers Corps; Brunswick Harbor Deepening Project, Options Clearing Corp., 2376–2379 Glynn County, GA; bottlenose dolphins, 2333–2336 Philadelphia Stock Exchange, Inc., 2379–2380

Navy Department State Department NOTICES NOTICES Ships available for donation: Meetings: Amphibious assault ex-NEW ORLEANS and aircraft International Telecommunication Advisory Committee, carrier ex-RANGER, 2337 2380–2381

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Surface Transportation Board Part III NOTICES Defense Department; General Services Administration; Railroad operation, acquisition, construction, etc.: National Aeronautics and Space Administration, 2447– CSX Transportation, Inc., 2388 2451 Transportation Department See Federal Aviation Administration Part IV See Federal Highway Administration Transportation Department, Federal Transit Administration, See Federal Transit Administration 2453–2465 See National Highway Traffic Safety Administration See Research and Special Programs Administration See Surface Transportation Board Part V Environmental Protection Agency, 2467–2473 Treasury Department See Fiscal Service See Internal Revenue Service Part VI NOTICES Executive Office of the President, Presidential Documents, Bonds, Treasury: 2475–2477 9-1/8 percent bonds (2004-2009); call for redemption, 2388

Veterans Affairs Department Reader Aids NOTICES Consult the Reader Aids section at the end of this issue for Meetings: phone numbers, online resources, finding aids, reminders, Environmental Hazards Advisory Committee, 2394 and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents Separate Parts In This Issue LISTSERV electronic mailing list, go to http:// listserv.access.gpo.gov and select Online mailing list Part II archives, FEDREGTOC-L, Join or leave the list (or change Environmental Protection Agency, 2397–2445 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Administrative Orders: Presidential Determinations: No. 2004-20...... 2477 5 CFR Proposed Rules: 370...... 2308 7 CFR 319...... 2289 14 CFR 71 (4 documents) ...2295, 2296, 2297 Proposed Rules: 71 (2 documents) ....2311, 2312 21 CFR Proposed Rules: 184...... 2313 25 CFR Proposed Rules: Ch. 1 ...... 2317 28 CFR 91...... 2298 29 CFR 4022...... 2299 4044...... 2299 33 CFR Proposed Rules: 165 (2 documents) ...... 2318, 2320 40 CFR 9...... 2398 52...... 2300 62 (2 documents) ....2302, 2304 86...... 2398 90...... 2398 300 (2 documents) ...... 2304, 2306 1051...... 2398 Proposed Rules: 52...... 2323 62...... 2323 48 CFR Proposed Rules: 2...... 2448 3...... 2448 12...... 2448 22...... 2448 23...... 2448 25...... 2448 27...... 2448 44...... 2448 47...... 2448 52...... 2448 49 CFR 192...... 2307 50 CFR 648...... 2307 Proposed Rules: 660...... 2324

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Rules and Regulations Federal Register Vol. 69, No. 10

Thursday, January 15, 2004

This section of the FEDERAL REGISTER Eucalyptus from South America, while Eucalyptus wood chips from South contains regulatory documents having general continuing to protect the United States America. applicability and legal effect, most of which against the introduction of plant pests. Since these articles have not been are keyed to and codified in the Code of EFFECTIVE DATE: January 15, 2004. widely imported into the United States, Federal Regulations, which is published under APHIS requested that the U.S. Forest 50 titles pursuant to 44 U.S.C. 1510. FOR FURTHER INFORMATION CONTACT: Mr. Service prepare a pest risk assessment to Hesham Abuelnaga, Import Specialist, help determine whether the current The Code of Federal Regulations is sold by Phytosanitary Issues Management Team, the Superintendent of Documents. Prices of regulations would continue to provide new books are listed in the first FEDERAL PPQ, APHIS, 4700 River Road Unit 140, an adequate level of protection against REGISTER issue of each week. Riverdale, MD 20737–1236; (301) 734– the introduction of plant pests 5334. potentially associated with Eucalyptus SUPPLEMENTARY INFORMATION: species if the wood products industry in DEPARTMENT OF AGRICULTURE Background the United States began importing wood chips of species of Eucalyptus in greater Animal and Plant Health Inspection Logs, lumber, and other volumes. The evidence in the risk Service unmanufactured wood articles imported assessment, which can be viewed on the into the United States could pose a Internet at http://www.fpl.fs.fed.us/ 7 CFR Part 319 significant hazard of introducing plant documnts/General.htm, suggested that [Docket No. 02–097–2] pests and pathogens detrimental to additional mitigation measures might be agriculture and to natural, cultivated, necessary. Importation of Eucalyptus Logs, and urban forest resources. The Animal On September 15, 2003, we published Lumber, and Wood Chips From South and Plant Health Inspection Service in the Federal Register (68 FR 53910– America (APHIS) has implemented regulations to 53915, Docket No. 02–097–1) a AGENCY: Animal and Plant Health prohibit or restrict the importation of proposed rule to amend the regulations Inspection Service, USDA. logs, lumber, and other unmanufactured to require that logs and lumber of wood articles into the United States ACTION: Final rule. tropical species of Eucalyptus from from certain parts of the world. These South America be fumigated with SUMMARY: We are amending the regulations, which are found in methyl bromide or heat treated prior to regulations that govern the importation ‘‘Subpart-Logs, Lumber, and Other importation and that wood chips of of logs, lumber, and other Unmanufactured Wood Articles’’ (7 CFR tropical species of Eucalyptus from unmanufactured wood articles into the 319.40–1 through 319.40–11, referred to South America be fumigated with United States to allow wood chips below as the regulations), are designed methyl bromide, heat treated, or heat derived from temperate species of to prevent the dissemination of plant treated with moisture reduction prior to Eucalyptus from South America to be pests that are new to or not widely importation. We also proposed to allow treated with a surface pesticide prior to distributed within the United States. wood chips derived from both importation as an alternative to the An increased interest in the temperate and tropical species of existing treatments. This final rule importation of unmanufactured wood Eucalyptus from South America to be follows a proposed rule that proposed to articles into the United States from treated with a surface pesticide. amend the regulations to require that other countries has led to an increased We solicited comments concerning logs, lumber, and wood chips of tropical demand for fast-growing trees, such as our proposal for 60 days ending on species of Eucalyptus from South those of the genus Eucalyptus. The fast November 14, 2003, and received 11 America be subject to more restrictive growth rate, environmental adaptability, comments by that date. The comments entry requirements, including treatment and high quality for pulp production of were submitted by State departments of with fumigation with methyl bromide or this genus make it one of the most agriculture, an agricultural quarantine heat treatment, than those currently in widely propagated genera of trees in the inspector, a university professor, foreign the regulations. In that proposed rule, world. South American governments, forestry societies, domestic wood we also proposed to allow wood chips including those of Brazil, Argentina, products companies, foreign national derived from both tropical and Chile, Peru, and Uruguay, have plant protection organizations, and a temperate species of Eucalyptus from encouraged the planting of these fast- member of the public. Seven South America to be treated with a growing trees. Brazil has the largest area commenters supported the proposed surface pesticide prior to importation. of Eucalyptus plantations in the world, rule with some changes, and four Although the more restrictive entry with approximately 3 million hectares commenters opposed the proposed rule. requirements for logs, lumber, and wood planted with various species. Wood Although the pest risk assessment chips of tropical species of Eucalyptus chips of tropical species of Eucalyptus indicated that additional mitigation are still under consideration, this action are currently being imported, under measures might be necessary in order to to allow wood chips of temperate certain conditions specified in safely import logs, lumber, and wood species of Eucalyptus to be treated with compliance agreements, by some wood chips of Eucalyptus from South a surface pesticide is necessary to products companies into the United America, at this time, we have only provide an effective alternative States from South America. Recently, received requests that indicate interest treatment to the domestic wood pulp wood products companies in the United in importing large volumes of wood industry, which is interested in States have expressed interest in chips of temperate species of Eucalyptus importing temperate wood chips of importing large volumes of temperate from South America. Because the

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current treatments for temperate wood Inspection associated with Eucalyptus and are of chips, which include fumigation with Comment: Treatment of wood chips the same family and order. The surface methyl bromide, heat treatment, and should not preclude an additional pesticide has proven effective for Pinus heat treatment with moisture reduction, inspection at the port of entry. radiata wood chips, and we believe that can be impractical to effectively apply Inspection at the port of entry is it will be effective on temperate to large volumes of wood chips, we necessary to ensure that the wood chips Eucalyptus wood chips. In addition, as believe that it is necessary to provide an are free of nematode pathogens noted previously, all shipments of wood chips will be inspected in accordance effective, alternative treatment option associated with Eucalyptus. for those wishing to import larger Response: The regulations in with § 319.40–9 to ensure that the wood chips are free of any quarantine pests. shipments of wood chips to produce § 319.40–9 require all imported Comment: Procedures should be put wood pulp for paper. regulated articles, which would include in place to confirm the proper In the proposed rule, we proposed to wood chips of Eucalyptus from South application of the surface pesticide allow the use of a surface pesticide America, to be inspected either at the treatment. treatment as an effective, alternative port of first arrival in the United States Response: Each shipment of wood treatment option for wood chips of both or at any other place prescribed by an chips that is treated with the surface tropical and temperate species of inspector. pesticide must be accompanied by a Eucalyptus. Currently, tropical wood Efficacy of Treatment certificate stating that the wood chips chips from healthy, plantation-grown have been treated in accordance with trees may be imported without Comment: The current treatment the regulations in § 319.40–6. In treatment, but must be consigned to a options can be impractical for large addition to the certificate of treatment, facility operating under a compliance volumes of wood chips. It is difficult to the inspection required under the agreement. We are continuing to take concentration readings during the regulations in § 319.40–9 will ensure consider more restrictive entry fumigation of wood chips with methyl that the shipments are free of any requirements for wood chips of tropical bromide, heat treatment is difficult quarantine pests. If, at any time, species of Eucalyptus. Until we make a because of the bulk nature of the quarantine pests or pathogens are final determination regarding the commodity, and heat treatment facilities detected, the efficacy and proper necessity of additional treatment are usually built for lumber, not wood application of the treatment will be requirements, however, we will not chips. An effective alternative treatment reevaluated. require that logs, lumber, or wood chips for wood chips would be fumigation Comment: The proposed pesticide of tropical species of Eucalyptus be with phosphine. treatment is too specific and the treated with any of the treatment Response: We agree with the requirement should include language options discussed in the proposed rule, commenter’s assessment of the current that allows for alternate, equally which included heat treatment, heat treatment options, however, phosphine effective chemicals or new products. treatment with moisture reduction, treatment is no longer an approved The current rulemaking process can take fumigation with methyl bromide, and treatment for wood products in the years to implement change, even if a surface pesticide treatment. We are Plant Protection and Quarantine (PPQ) new treatment, chemical, or product is allowing the surface pesticide treatment treatment manual. If the commenter more effective than the one currently in to be used only for wood chips of wishes to provide research and evidence use. temperate species of Eucalyptus at this to demonstrate that this treatment Response: The active ingredients of time. would be an effective alternative option, the fungicide and insecticide we would take that research into components of the surface pesticide The more restrictive entry consideration at that time. treatment are composed of common requirements for logs, lumber, and wood Comment: A surface pesticide chemicals combined in a particular chips of tropical species of Eucalyptus treatment would be a more desirable formula that has proven highly effective from South America are currently still mitigation measure for wood chips than in the treatment of wood chips. If the under consideration. All comments that heat treatment or fumigation; however, commenter can provide research and we received regarding the necessity of the proposed surface pesticide treatment evidence that another chemical or more restrictive entry requirements for should be tested on a commercial load product is equivalent to any of the these articles, on the pest risk of Eucalyptus in the southern United active ingredients used in the surface assessment, on the efficacy of States, since the warmer climate there pesticide spray, we will consider that treatments, and all other general would be similar to the tropical evidence. Until further research is done comments on the proposed rule will be environment in which the potential and evaluated, however, we will reviewed and evaluated before any pests originate. Further, the spray continue to use the chemicals and the further action is taken related to the should be tested specifically for pests specific formula that have already importation of these articles. associated with Eucalyptus. proven effective. Our policy is to Since this final rule relates only to the Response: Based on the findings of approve specific treatments through addition of the surface pesticide PPQ’s Center for Plant Health Science rulemaking in order to ensure that all treatment as an alternative treatment for and Technology (CPHST), we believe treatments are effective and equivalent. wood chips of temperate species of that the prescribed pesticide spray will Comment: No justification is given for Eucalyptus from South America, only be an effective pest mitigation measure the use of two disinfectants, didecyl those comments and portions of for wood chips of temperate species of dimethyl ammonium chloride (DDAC) comments that pertain specifically to Eucalyptus. Although the potential and 3-iodo-2-propynyl butylcarbamate. the importation of temperate wood pests identified in the pest risk Treatment with DDAC would be chips and to the surface pesticide assessment differ slightly from those enough. treatment as it relates to temperate wood identified for Pinus radiata wood chips Response: The commenter did not chips will be discussed below. The for which the spray was originally offer any scientific evidence or research remaining comments will be discussed tested, the potential pests associated to support this comment. Our research in a future rulemaking document. with Pinus radiata are a subset of those indicates that the specific formula given

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in the proposed rule is effective and § 319.40–7(e). We list the active the health of any individuals. The practical for the treatment of wood ingredients because the efficacy of any treatments currently in the regulations, chips. treatment is dependent on the active and the surface pesticide treatment Comment: The insecticide component ingredients and the formula by which alternative now being offered, mitigate of the pesticide is not necessary because they are combined. Generally, it is not against nonnative pest infestation. As insects have a low probability of our policy to require specific brands in noted in the environmental assessment, association with wood chips. The the regulations because several different all chemicals to be used in the pesticide insecticide could have a negative effect brands could have the correct ratio of treatment are registered with the on the efficacy of the fungicide active ingredients and could be equally Environmental Protection Agency component of the pesticide. effective. We note that this particular (EPA), which evaluates all pesticides for Response: The pest risk assessment pesticide formula has been in use for their impact on the environment as part identified all wood products of wood chips from Chile, and exporters of the registration process. Their Eucalyptus as presenting a risk for the have found the ingredients to be readily evaluations of the pesticides to be used introduction or dissemination of plant available and cost effective. The in this treatment indicated that the pests. No distinction was made between commenter’s suggestion that surface potential for these pesticides to have a logs and lumber and wood chips. We pesticide recommendations be given on negative impact on the environment is will reevaluate the available research the basis of the amount of each of the minimal when used according to the and evidence, and any evidence the active ingredients needed per a label instructions. The environmental commenter could provide, to determine specified volume of wood chips is not assessment, which can be viewed on the whether or not wood chips present a practical. The efficacy of this treatment, Internet at http://www.aphis.usda.gov/ low risk for infestation by arthropod unlike chemical treatments that involve ppd/es/ppqdocs.html, has been pests. Based on the research that dipping or fumigating, is based solely amended to address the comments. specifically tested this pesticide spray, on the correct ratio and combination of Comment: The environmental we agree that the insecticide might have the active ingredients. As long as the assessment does not include an option a negative effect on the efficacy of the ratios of the chemicals are correct, the for a single component pesticide spray fungicide, but only after 30 days.1 In dosage can be adjusted to accommodate treatment. A fungicide-only treatment order to ensure the maximum efficacy of any volume of wood chips. According to would decrease the introduction of both the insecticide and the fungicide, the label instructions on the pesticide, chemicals into the environment. we require retreatment if the wood the treatment must be applied to all Response: As noted previously, based chips are not exported within 30 days sides of the wood chips in order to on the available research (Morrell, of the initial treatment. ensure the maximum efficacy. Since the Freitag, and Silva) and on the findings Comment: Will the very specific pesticide is sprayed onto the wood of CPHST, we believe that a formula concentrations of active ingredients for chips, it would be extremely difficult, with both the insecticide and fungicide each of the fungicides limit the product and unnecessary, to require a specific components is effective and necessary. dosage per volume of wood chips. selection to a specific brand? Are Practicality of Additional Conditions products containing the exact Safety of Importation proportions prescribed registered or Comment: The additional condition to commercially available at economically Comment: The risks of nonnative pest cover the conveyor belt when unloading feasible prices in potential exporting infestation and the toxicity of the the chips is not practical because wood countries where they would likely be chemicals used in the surface pesticide chips are unloaded from an ocean vessel purchased and used? The amounts of treatment make the importation of wood using a bucket that drops the wood chemicals needed to treat a given chips unsafe. The environmental chips into a hopper that sorts the chips volume of wood chips is unclear in the assessment does not adequately onto a conveyor belt. The hopper cannot specifications in the proposed rule and consider the potential environmental be covered due to the fact that the wood it might be difficult and cost prohibitive impact of the chemical treatment on chips are dropped into the hopper. to obtain registrations for these specific either the country of origin or the Response: This additional formulations of chemicals in foreign United States. The chemicals safeguarding measure is currently in countries. The surface pesticide recommended for use have a long practice for the importation of Pinus recommendations should be given on history of safe use in a wide variety of radiata wood chips, and there have the basis of the amount of each of the applications, however, these chemicals been no reported problems. The active ingredients per a specified continue to be described as having regulations state that the conveyor belt, volume of wood chips in order to allow moderate to severe toxicity to some. not the hopper, must be covered to for some flexibility in the selection of Runoff from the chemicals at the prevent the chips from being blown by products and to make it possible to treatment and storage sites and pesticide the wind and from accidental spillage. more accurately determine the amounts residue in the ship’s holds needs to be We do not believe that this additional addressed. There is a potential for of chemicals needed and the potential condition is impractical. human exposure to chemical residues at Comment: The time allotted for environmental impacts of those the treatment site, on conveyor systems, compliance-45 days after the wood chemicals. Response: The formula given for the around storage sites, and transport chips arrive at the facility to process the pesticide in the proposed rule lists the vehicles, which need to be considered. wood chips and to dispose of any fines Response: The commenter did not ratios of the active ingredients DDAC, 3- or unusable wood chips by burning— provide any evidence or scientific iodo-2-propynyl butylcarbamate, and does not take into account the differing studies to support the comment. Based chlorpyrifos that must be present for the capabilities of different facilities. The on the evidence presented in the pest pesticide to qualify as an approved allotted amount of time should be risk assessment and the environmental treatment according to the regulations in specified in each individual compliance assessment, we believe that the agreement. This additional condition is 1 Morrell, Freitag, and Silva, ‘‘Protection of importation of these articles does not not justified. Freshly Cut Radiata Pine Chips from Fungal present a risk for the introduction or Response: The commenters did not Attack,’’ Forest Products Journal, 48(2):57–59. dissemination of plant pests or a risk to offer any specific examples or evidence

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to support their comments. This companies that import Pinus radiata Eucalyptus plantations are located. additional safeguarding measure is wood chips from Chile, we do not These site visits provided information currently in use for Pinus radiata wood require all companies to follow this about the various post-harvest chips and has proven effective, same procedure. The environmental management practices, logging, and practical, and reasonable. The safeguard assessment has been amended to climate conditions that APHIS took into regarding the destruction of fines or correspond with the language in the consideration when developing the unusable chips is in place to further regulations. Available research indicates proposed rule. We believe that the protect against the possibility of the that the efficacy of the pesticide spray designated 45-day period between the spread of any plant pests associated declines 4 weeks after the initial time the trees are felled and the time the with the wood chips. If the commenters application.2 Since the 30-day time wood chips are exported is practical and provide evidence that an extension of limit is necessary to ensure that the effective for wood chips. time is necessary and that such an spray remains effective, we do not Comment: The additional condition extension would not increase the risk of believe that it would be justified to that no other regulated articles will be the dissemination of plant pests, we extend this time period. Importers permitted in the holds or sealed would consider the evidence at that should be aware of this requirement and containers carrying the wood chips time. However, we believe that this plan accordingly to the best of their during shipment is unnecessary. additional safeguarding measure is ability. Response: The requirement that no necessary and justified in order to Comment: The designated 45-day other regulated articles be allowed in further protect against the spread of period between the time the trees are the holds or sealed containers carrying plant pests. In addition, in accordance felled and the time the wood chips are the wood chips during shipment helps with the regulations in § 319.40– exported should be extended to allow control the possible movement of plant 6(c)(1)(iii), the wood chips must be 90 days for the trees to be felled and pests from other regulated articles to the consigned to a facility in the United chipped and an additional 60 days for wood chips. Given that, we believe this States that operates under a compliance the chips to be exported. The shorter additional safeguarding measure is agreement in accordance with the interval of time results in the processing necessary. regulations in § 319.40–8. The process and movement of the wood while it is Comment: The additional conditions of entering into a compliance agreement still green; piles of green wood chips related to the unloading, transporting, includes site visits by authorized rapidly achieve high temperatures and and storing of the wood chips in the representatives of PPQ to evaluate the humidity conditions, which lead to the United States are not justified, given the capacities of the individual facilities development of fungi and bacteria. In minimal pest risk posed by wood chips and to determine specific requirements addition, once the wood chips are and the security of the mitigation that will prevent the spread of plant stored in piles, they retain water, thus measures in place from harvesting to pests from that facility. The differing increasing the weight of the articles and shipping. capacities of different facilities are taken the subsequent transportation costs. Response: These additional measures into account during the site visits, and Since this additional condition is based have proved effective and practical in authorized representatives work with on the post-harvest management the importation of other wood chips and the individual facilities to ensure practices of Chile, it does not take into are designed to reduce the exposure of compliance with all additional account the differences in the post- the chips to plant pests or pathogens, conditions in the regulations. harvest management practices, climate, which might result in infestation. Comment: The wood chips should be and logging conditions in other According to the evidence in the pest treated within 24 hours of the logs being countries or of the pests specific to risk assessment, the potential chipped, as required by the regulations, Eucalyptus. mechanisms for wood chip infestation however the statement in the Response: Our requirement that no by nonindigenous pests are complex environmental assessment that the more than 45 days elapse between the and suggest that additional mitigation pesticide is applied to the wood chips time the trees are felled to the time the measures might be necessary for the as they are loaded for shipment is not wood chips are exported reduces the importation of these articles. We agree consistent with this requirement. In opportunity for the wood chips to be with the commenter that Eucalyptus addition, the requirement to reapply the exposed to plant pests. In addition, as wood chips destined for export from treatment if more than 30 days elapse noted previously, available research South America may be relatively free of between the date of the first application indicates that the efficacy of the surface most damaging organisms. However, and export is not necessary because the pesticide treatment declines 4 weeks some of the pest organisms of concern residue of the treatment continues to be after application, so any extension of are pests that are native to South effective after 30 days. This requirement this time requirement would increase America but that have been capable of may be difficult to comply with at times the likelihood that the surface pesticide attacking Eucalyptus even though it is because of unpredictable delays in treatment would have to be reapplied, an introduced species that is native only harvesting, chipping, or shipping which could be economically to Australia, the Philippines, Papua schedules. burdensome. This time requirement has New Guinea, and Indonesia. This Response: We agree with the proven practical and effective for the adaptability suggests the potential for commenter that the statement in the importation of other wood chips. The these pests to develop a wider host environmental assessment regarding the Wood Import Pest Risk Assessment and range. Although the mitigation measures application of the pesticide to the wood Mitigation Evaluation Team that in place from harvesting to shipping are chips as they are loaded for shipment conducted the pest risk assessment effective, we believe that additional might not always be consistent with the visited several countries in South conditions are necessary to ensure that requirement that the wood chips be America, including Argentina, Brazil, no plant pests are disseminated into the treated within 24 hours of the logs being Chile, and Uruguay where most of the chipped, since not all wood chips United States as a result of the would be ready for shipment within 24 2 Morrell, Freitag, and Silva, ‘‘Protection of importation of these wood chips once hours of the logs being chipped. Freshly Cut Radiata Pine Chips from Fungal they have been treated with the surface Although this method is used by some Attack,’’ Forest Products Journal, 48(2):57–59. pesticide spray.

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Comment: The additional condition organization of Uruguay and the Four of the pests in question—B. that the wood chips be stored, handled, phytosanitary measures should be dothidea, B. obtusa, B. ribis, and and safeguarded in a manner that would adjusted to the risk of introduction of Ceratocystis fimbriata—are all pest prevent any infestation of the wood the pests present in Uruguay that would organisms native to the United States, chips by plant pests during the entire affect wood chips. The pests considered however, genetic variation exhibited by interval between treatment and export is to have a high risk and a moderate risk the species results in differing capacities not practical, and compliance with this potential for introduction into the for causing damage. Because these condition is impossible because wood United States are not present in species are present in South America in chips are typically stored outside in Uruguay. a genetic variation from the species 40,000-ton piles that are 50 feet high in Response: The Wood Import Pest Risk already present in the United States, it an area of about 90,000 square feet. Assessment and Mitigation Evaluation is impossible to predict the potential Response: This additional condition Team that conducted the pest risk extent of damage or range if these has been required for the importation of assessment included representatives genetic variations were introduced into Pinus radiata wood chips from Chile for from APHIS, the United States the United States with Eucalyptus as a several years and no problems have Department of Agriculture Forest host. Although Erytricium salmonicolor been reported. Service, Forest Service retirees, and the is present in the United States, it is Comment: Most pulp mills are governments of Argentina, Brazil, Chile, nonindigenous and not widely generally located in the vicinity of and Uruguay. A site visit was made to distributed. Currently, it is found only forested areas, thus complying with the Uruguay in April of 1998, and members in Florida, Louisiana, and Mississippi. additional condition that the storage of Uruguay’s Department of Agriculture Wider distribution of this pathogen area for the wood chips not be adjacent accompanied and assisted the team would have unknown adverse effects on to wooded areas would be impossible during the site visits. Although it is true the United States. Steirastoma breve is for most mills. APHIS should define that some of the pests listed as having not present in the United States. ‘‘adjacent’’ and ‘‘wooded areas’’ more a high risk potential for introduction Phoracanta semipunctata is a clearly. Since Eucalyptus is a nonnative into the United States are not present in nonindigenous pest and is found only in species in the United States, and is not Uruguay, three pests considered to have California. Wider distribution of this similar to conifers or any North a high risk potential are present in pest would have unknown adverse American hardwood species, this Uruguay. These pests are: Chydarteres effects on the United States. additional requirement is not necessary. striatus, Phoracantha semipuncata, and Response: We believe that this Retrachyderes thoracicus. If the Economic Analysis additional condition is a necessary and commenter provides research and Comment: While the cost of the effective safeguard to protect against the evidence that these three pests are not surface pesticide treatment is unknown, potential for pest infestation and present in Uruguay, we will consider it will likely be closer to 3–5 percent of dissemination of pests as a result of the the evidence at that time. The pests the value of the wood chips rather than wood chips being stored near an listed as having a moderate risk are not less than 1 percent as stated in the unprotected and untreated wooded present in Uruguay, but our mitigation economic analysis in the proposed rule. environment. It would be difficult to measures specifically target pests with a The overall costs associated with the add a specific definition of ‘‘adjacent’’ high risk potential. requirements would make it cost and ‘‘wooded areas’’ to the regulations Comment: Certain pests that are prohibitive for a company to bring in that would adequately address the pest already present in the United States are occasional shipments of Eucalyptus risk in each individual case. We will still considered to have a high risk wood chips to supplement its domestic therefore define these terms in the potential for introduction into the supply of hardwood chips. language of each individual compliance United States according to the pest risk Response: The commenter did not agreement. As noted previously, the assessment. The pests in question are: provide any information to support the process of entering into a compliance Botryosphaeria dothidea, B. obtusa, B. statement that the costs would be closer agreement includes site visits by ribis, Ceratocystis fimbriata, Erytricium to 3–5 percent of the value of the wood authorized representatives to evaluate salmonicolor, Steirastoma breve, and chips. Although the actual overall costs the capacities of each different facility Phoracanta semipunctata. associated with compliance with the and to determine if additional, specific Response: While we agree with the requirements are difficult to estimate requirements are necessary in order to commenter that some of the pests in without additional information, we note prevent the spread of plant pests from question are present in the United that the domestic wood industry has that facility. At the time of the site visit, States—B. dothidea, B. obtusa, B. ribis, been complying with these the authorized representatives will be Ceratocystis fimbriata, Phoracanta requirements when importing Pinus able to ensure that each individual semipunctata, and Erytricium radiata wood chips from Chile and has facility meets the additional condition salmonicolor—we are mitigating not found compliance with the that the wood chip storage not be specifically for the pests that were rated requirements to be cost prohibitive. adjacent to a wooded area in accordance as having a high risk potential that are Costs for the importer would depend on with the regulations. Although not present in the United States. These the market price for wood chips in the Eucalyptus is a nonnative species in the pests include: Sarsina violescens, United States and overseas as well as United States, as noted previously, some Scolytopsis brasiliensis, Xyleborus the costs of purchasing the equipment of the pests of concern are native to retusus, Xyleborus biconicus, Xyleborus required to spray the wood chips with South America but have exhibited an spp., Chilecomadia valdiviana, the pesticide. Additional costs could ability to adapt to a broader host range Chydarteres striatus, Retrachyderes make this treatment option cost and to new hosts. thoracicus, Trachyderes spp., prohibitive for smaller shipments of Steirastoma breve, and Stenodontes wood chips, but we note that we are Pest Risk Assessment spinibarbis. allowing treatment with the surface Comment: The pest risk assessment The pests mentioned by the pesticide treatment only as an team did not request information from commenter are listed in the pest risk alternative. Importers could still choose the national plant protection assessment for several different reasons. the current treatment options for wood

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chips, which include heat treatment and Research and Development same import conditions for temperate fumigation, in order to bring in Comment: The chemicals in the Eucalyptus wood chips from South shipments of wood chips of temperate surface pesticide spray, especially the America as those required for Pinus species of Eucalyptus. Although these fungicide, are relatively specific in radiata wood chips from Chile. treatment options are not as practical for terms of the pests and pathogens that Executive Order 12866 and Regulatory large volumes of wood chips, they are they target. If treatment with surface Flexibility Act viable options for small shipments. pesticides is going to continue to be a Comment: The proposed rule failed to pest mitigation measure for wood chips, This rule has been reviewed under recognize the costs associated with the further research should be done to Executive Order 12866. For this action, environmental controls required to identify pesticides that will be effective the Office of Management and Budget manage the application and against a wider range of pests. Further has waived its review under Executive containment of the suggested chemicals. research should be done to test the Order 12866. An effective and safe technology would efficacy of a variety of insecticide and This rule amends the regulations that have to be developed and special fungicide mixtures applied to wood govern the importation of logs, lumber, facilities would have to be built to chips as surface sprays for insects and and other unmanufactured wood contain the chemicals both offshore and diseases associated specifically with articles into the United States to allow in the United States. Eucalyptus and other hardwood chips. wood chips of temperate species of Response: The chemicals used in the Further research should be done to Eucalyptus from South America to be pesticide treatment are common develop spray containment technology treated with a surface pesticide as an chemicals that are registered with the to reduce the potential negative alternative to the current treatments. EPA and are federally regulated and safe environmental impact of chemical This action is necessary in order to for application. The pesticide is similar treatments. provide an effective alternative to pesticides used by the domestic Response: As noted previously, treatment to those who wish to import agricultural industry. We do not believe according to the findings of CPHST, we wood chips of temperate species of that costs associated with managing the believe that the pesticide will be Eucalyptus from South America and to application of the treatment or of storing effective for mitigating potential pests prevent the introduction of plant pests the chemicals will be cost prohibitive. associated with Eucalyptus, however, into the United States through the This pesticide treatment is currently in we would evaluate and consider any importation of these articles. evidence that the commenter might use for importing certain wood chips, The surface pesticide treatment for and there have been no reported provide regarding the efficacy of a variety of insecticide and fungicide wood chips of temperate species of problems about the economic feasibility Eucalyptus from South America of the treatment. mixtures applied to wood chips as a treatment for insects and diseases provides an alternative to the currently General Comment specifically associated with Eucalyptus approved treatments, which include and other hardwood chips. The fumigation with methyl bromide, heat Comment: Because debarking is environmental assessment addresses the treatment, and heat treatment with regularly practiced in Uruguay and potential negative environmental impact moisture reduction. The cost of the because the Eucalyptus plantations are of the chemicals and provides evidence surface pesticide treatment is well-managed, have effective systems of that the negative environmental impacts comparable to that of the existing pest detection, and are protected against will be minimal, if the chemicals are treatment of methyl bromide fumigation pest infestation, wood chips should be used according to the label instructions. (see table 1), and is already being used considered a low phytosanitary risk We welcome any scientific studies, to treat Pinus radiata wood chips from commodity. research, and evidence related to any of Chile, so we do not expect it to have a Response: According to research cited the topics suggested in the comments significant economic impact on the previously (Morrell, Freitag, and Silva) for future research and development. wood products industries. This rule debarking does not mitigate for decay, We will evaluate all studies and benefits the U.S. wood products mold, and fungus that can begin research that we receive. industries by making available an affecting the wood chips within 24 Therefore, for the reasons given in the alternative treatment that is more cost hours of chipping. Additional proposed rule and in this document, we effective for treating large volumes of mitigation measures, such as treatment are amending § 319.40–7(e) to allow the temperate wood chips. The availability with a fungicide, which is a component same surface pesticide treatment used of this alternative treatment benefits the of the surface pesticide treatment being on Pinus radiata wood chips from Chile U.S. wood products industry by offered, are necessary to ensure that the to be used on wood chips of temperate facilitating access to these wood chips, wood chips are free of decay, mold, and species of Eucalyptus. We are also which are readily available and produce fungus. amending § 319.40–6(c)(1) to require the high-quality pulp.

TABLE 1.—TREATMENT COSTS FOR EUCALYPTUS WOOD CHIPS

Heat with moisture Heat Methyl bromide reduction Surface pesticide

Wood chips (1 ton) ...... $50 to $100 ...... $0.50 to $3 ...... $20 to $30 ...... $1.50 to $3. Source: U.S. Environmental Protection Agency, Dec. 1996, ‘‘Heat Treatments to Control Pests on Imported Timber.’’

Although there are no entities, large States, we expect that this rule will have alternative treatment that is more cost or small, currently importing wood positive economic effects for any effective for treating large volumes of chips of temperate species of Eucalyptus entities that choose to import those temperate wood chips. from South America into the United articles by making available an

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Under these circumstances, the List of Subjects in 7 CFR Part 319 DEPARTMENT OF TRANSPORTATION Administrator of the Animal and Plant Health Inspection Service has Bees, Coffee, Cotton, Fruits, Honey, Federal Aviation Administration determined that this action will not Imports, Logs, Nursery stock, Plant have a significant economic impact on diseases and pests, Quarantine, 14 CFR Part 71 a substantial number of small entities. Reporting and recordkeeping requirements, Rice, Vegetables. Executive Order 12988 [Docket No. FAA–2003–16496; Airspace ■ Docket No. 03–ACE–80] This final rule has been reviewed Accordingly, 7 CFR part 319 is amended as follows: under Executive Order 12988, Civil Modification of Class E Airspace; Justice Reform. This rule: (1) Preempts PART 319—FOREIGN QUARANTINE Mapleton, IA all State and local laws and regulations NOTICES that are inconsistent with this rule; (2) AGENCY: Federal Aviation has no retroactive effect; and (3) does ■ 1. The authority citation for part 319 Administration (FAA), DOT. not require administrative proceedings before parties may file suit in court continues to read as follows: ACTION: Direct final rule; confirmation of challenging this rule. Authority: 7 U.S.C. 450 and 7701–7772; 21 effective date. U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and National Environmental Policy Act 371.3. SUMMARY: This document confirms the An environmental assessment and a effective date of the direct final rule ■ finding of no significant impact (FONSI) 2. In § 319.40–6, the introductory text which revises Class E airspace at have been prepared for this final rule. of paragraph (c)(1) is revised to read as Mapleton, IA. The assessment provides a basis for the follows: conclusion that the alternate treatment EFFECTIVE DATE: 0901 UTC, February 19, for wood chips of species of eucalyptus § 319.40–6 Universal importation options. 2004. from South America under the * * * * * FOR FURTHER INFORMATION CONTACT: conditions specified in this final rule do (c) * * * Kathy Randolph, Air Traffic Division, not present a risk of introducing or disseminating plant pests and will not (1) From Chile (pine) and South Airspace Branch, ACE–520C DOT have a significant impact on the quality America (eucalyptus). Wood chips from Regional Headquarters Building, Federal of the human environment. Chile that are derived from Monterey or Aviation Administration, 901 Locust, The environmental assessment and Radiata pine (Pinus radiata) logs and Kansas City, MO 64106; telephone: FONSI were prepared in accordance wood chips from South America that are (816) 329–2525. with: (1) The National Environmental derived from temperate species of SUPPLEMENTARY INFORMATION: The FAA Policy Act of 1969 (NEPA), as amended Eucalyptus may be imported in published this direct final rule with a (42 U.S.C. 4321 et seq.), (2) Regulations accordance with paragraph (c)(2) of this request for comments in the Federal of the Council on Environmental section or in accordance with the Register on November 28, 2003 (68 FR Quality for implementing the following requirements: 66701). The FAA uses the direct final procedural provisions of NEPA (40 CFR * * * * * rulemaking procedure for a non- parts 1500–1508), (3) USDA regulations controversial rule where the FAA implementing NEPA (7 CFR part 1b), § 319.40–7 [Amended] and (4) APHIS’ NEPA Implementing believes that there will be no adverse Procedures (7 CFR part 372). ■ 3. In § 319.40–7, paragraph (e) is public comment. This direct final rule The environmental assessment and amended as follows: advised the public that no adverse FONSI are available for viewing on the ■ a. In the introductory text of the comments were anticipated, and that Internet at http://www.aphis.usda.gov/ paragraph, by adding the words ‘‘and unless a written adverse comment, or a ppd/es/ppqdocs.html. Copies of the wood chips from South America derived written notice of intent to submit such environmental assessment and FONSI from temperate species of Eucalyptus’’ an adverse comment, were received are also available for public inspection after the word ‘‘Chile’’. within the comment period, the in our reading room. The reading room regulation would become effective on is located in room 1141 of the USDA ■ b. In paragraph (e)(2), in the paragraph February 19, 2004. No adverse South Building, 14th Street and heading, by adding the words ‘‘and comments were received, and thus this Independence Avenue SW., Eucalyptus (temperate species) wood notice confirms that this direct final rule Washington, DC. Normal reading room chips from South America’’ after the will become effective on that date. hours are 8 a.m. to 4:30 p.m., Monday word ‘‘Chile’’ and, in the first sentence through Friday, except holidays. To be following the paragraph heading, by Issued in Kansas City, MO, on January 5, sure someone is there to help you, adding the words ‘‘or on wood chips 2004. please call (202) 690–2817 before from South America derived from Elizabeth S. Wallis, coming. In addition, copies may be temperate species of Eucalyptus’’ after Acting Manager, Air Traffic Division, Central obtained by calling or writing to the the word ‘‘Chile’’. Region. individual listed under FOR FURTHER [FR Doc. 04–915 Filed 1–14–04; 8:45 am] Done in Washington, DC, this 12th day of INFORMATION CONTACT. January 2004. BILLING CODE 4910–13–M Paperwork Reduction Act Bobby R. Acord, This final rule contains no new Administrator, Animal and Plant Health information collection or recordkeeping Inspection Service. requirements under the Paperwork [FR Doc. 04–875 Filed 1–14–04; 8:45 am] Reduction Act of 1995 (44 U.S.C. 3501 BILLING CODE 3410–34–P et seq.).

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DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Federal holidays. The Docket Office (telephone 1–800–647–5527) is on the Federal Aviation Administration Federal Aviation Administration plaza level of the Department of Transportation NASSIF Building at the 14 CFR Part 71 14 CFR Part 71 above address. [Docket No. FAA–2003–16763; Airspace FOR FURTHER INFORMATION CONTACT: [Docket No. FAA–2003–16498; Airspace Docket No. 03–ACE–100] Brenda Mumper, Air Traffic Division, Docket No. 03–ACE–82] Airspace Branch, ACE–520A, DOT Modification of Class E Airspace; Municipal Headquarters Building, Modification of Class E Airspace; Springfield, MO Federal Aviation Administration, 901 Mount Pleasant, IA Locust, Kansas City, MO 64106; AGENCY: Federal Aviation telephone: (816) 329–2524. Administration (FAA), DOT. AGENCY: Federal Aviation SUPPLEMENTARY INFORMATION: This Administration (FAA), DOT. ACTION: Direct final rule; request for amendment to 14 CFR 71 modifies the comments. Class E airspace area extending upward ACTION: Direct final rule; confirmation of from the surface designated as an effective date. SUMMARY: New and amended Area Navigation (RNAV) Global Positioning extension to the Class C airspace surface System (GPS) Standard Instrument area (Class E3) and the Class E airspace SUMMARY: This document confirms the area extending upward from 700 feet effective date of the direct final rule Approach Procedures (SIAPs) have been developed to serve Springfield-Branson above the surface (Class E5) at which revises Class E airspace at Mount Springfield, MO. RNAV (GPS) RWY 2, Pleasant, IA. Regional Airport, Springfield, MO. The Springfield-Branson Regional Airport ORIGINAL SIAP; RNAV (GPS) RWY 20, EFFECTIVE DATE: 0901 UTC, February 19, airport reference point (ARP) has been ORIGINAL SIAP; RNAV (GPS) RWY 14, 2004. redefined. These actions require Amendment 1 SIAP; and RNAV (GPS) modifications to Springfield, MO RWY 32, Amendment 1 SIAP have been FOR FURTHER INFORMATION CONTACT: controlled airspace in order to provide developed to serve Springfield-Branson Kathy Randolph, Air Traffic Division, airspace required for diverse departures Regional Airport. The Springfield- Airspace Branch, ACE–520C, DOT and to protect aircraft executing SIAPs Branson Regional Airport ARP has been Regional Headquarters Building, Federal to Springfield-Branson Regional Airport. redefined. The Springfield, MO Class E5 Aviation Administration, 901 Locust, An examination of controlled airspace airspace area must be enlarged from a Kansas City, MO 64106; telephone: for Springfield, MO revealed 6.7-mile radius of Springfield-Branson (816) 329–2525. discrepancies in the legal descriptions Regional Airport to a 6.9-mile radius in for the Springfield, MO Class E3 and order to comply with the criteria for 700 SUPPLEMENTARY INFORMATION: The FAA feet Above Ground Level (AGL) airspace published this direct final rule with a Class E5 airspace areas. The intended effect of this rule is to provide required for diverse departures and to request for comments in the Federal contain aircraft executing SIAPs. An Register on December 2, 2003 (68 FR controlled airspace of appropriate dimensions to protect aircraft departing examination of controlled airspace for 67357) and subsequently published a Springfield, MO revealed discrepancies correction to the direct final rule in the from and executing SIAPs to Springfield-Branson Regional Airport. in the legal descriptions for the Federal Register on December 8, 2003 The Class E5 area is enlarged, Springfield, MO class E3 and Class E5 (68 FR 68449). The FAA uses the direct discrepancies in the legal descriptions airspace areas. The Springfield-Branson final rulemaking procedure for a non- of Springfield, MO Class E3 and Class Regional Airport ARP and the location controversial rule where the FAA E5 airspace areas are corrected and the of the Springfield collocated very high believes that there will be no adverse airspace areas and their legal frequency omni-directional radio range public comment. This direct final rule descriptions are brought into and tactical air navigational aid advised the public that no adverse compliance with FAA Orders. (VORTAC) must be amended in the comments were anticipated, and that Springfield, MO Class E3 and Class E5 DATES: This direct final rule is effective unless a written adverse comment, or a legal descriptions to reflect current data. on 0901 UTC, April 15, 2004, Comments This action corrects the discrepancies written notice of intent to submit such for inclusion in the Rules Docket must an adverse comment, were received and brings the airspace areas and their be received on or before January 27, legal descriptions into compliance with within the comment period, the 2004. regulation would become effective on FAA Order 7400.2E, Procedures for February 19, 2004. No adverse ADDRESSES: Send comments on this Handling Airspace Matters. The areas comments were received, and thus this proposal to the Docket Management will be depicted on appropriate System, U.S. Department of aeronautical charts. class E airspace notice confirms that this direct final rule Transportation, Room Plaza 401, 400 areas consisting of airspace extending will become effective on that date. Seventh Street, SW., Washington, DC upward from the surface and designated Issued in Kansas City, MO, on January 5, 20590–0001. You must identify the as an extension to a Class C surface area 2004. docket number FAA–2003–16763/ are published in paragraph 6003 of FAA Elizabeth S. Wallis, Airspace Docket No. 03–ACE–100, at Order 7400.9L, dated September 2, Acting Manager, Air Traffic Division, Central the beginning of your comments. You 2003, and effective September 16, 2003, Region. may also submit comments on the which is incorporated by reference in 14 [FR Doc. 04–916 Filed 1–14–04; 8:45 am] Internet at http://dms.dot.gov. You may CFR 71.1. Class E airspace areas review the public docket containing the extending upward from 700 feet or more BILLING CODE 4910–13–M proposal, any comments received, and above the surface of the earth are any final disposition in person in the published in paragraph 6005 of the Dockets Office between 9 a.m. and 5 same FAA Order. The Class E airspace p.m., Monday through Friday, except designations listed in this document

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will be published subsequently in the have federalism implications under Paragraph 6005 Class E airspace areas Order. Executive Order 13132. extending upward from 700 feet or more The FAA has determined that this above the surface of the earth. The Direct Final Rule Procedure regualtion is noncontroversial and * * * * * The FAA anticipates that this unlikely to result in adverse or negative ACE MO E5 Springfield, MO regulation will not result in adverse or comments. For the reasons discussed in negative comment and, therefore, is Springfield-Branson Regional Airport, MO the preamble, I certify that this (Lat. 37°14′44″ N., long. 93°23′19″ W.) issuing it as a direct final rule. Previous regulation (1) is not a ‘‘significant actions of this nature have not been Springfield VORTAC regulatory action’’ under Executive (Lat. 37°21′21″ N., long. 93°20′03″ W.) controversial and have not resulted in Order 12866; (2) is not a ‘‘significant Springfield-Branson Regional Localizer adverse comments or objections. Unless rule’’ under Department of (Lat. 37°15′21″ N., long. 93°22′45″ W.) written adverse or negative comment, or Transportation (DOT) Regulatory Willard NDB a written notice of intent to submit an Policies and Procedures (44 FR 11034, (Lat. 37°17′58″ N., long. 93°26′27″ W.) adverse or negative comment is received February 26, 1979); and (3) if That airspace extending upward from 700 within the comment period, the promulgated, will not have a significant feet above the surface within a 6.9-mile regulation will become effective on the economic impact, positive or negative, radius of Springfield-Branson Regional date specified above. After the close of on a substantial number of small entities Airport and within 3 miles each side of the 020° radial of the Springfield VORTAC the comment period, the FAA will under the criteria of the Regulatory publish a document in the Federal extending from the 6.9-mile radius of the Flexibility Act. airport to 8 miles north of the VORTAC and Register indicating that no adverse or ° negative comments were received and List of Subjects in 14 CFR Part 71 within 1.8 miles each side of the 324 bearing from the Willard NDB extending from the confirming the date on which the final Airspace, Incorporation by reference, 6.9-mile radius of the airport to 7 miles rule will become effective. If the FAA Navigation (air). northwest of the NDB and within 4 miles does receive, within the comment each side of the Springfield-Branson ILS period, an adverse or negative comment, Adoption of the Amendment localizer south course extending from the or written notice of intent to submit ■ Accordingly, the Federal Aviation 6.9-mile radius of the airport to 14.5 miles south of the airport. such a comment, a document Administration amends 14 CFR part 71 withdrawing the direct final rule will be as follows: * * * * * published in the Federal Register, and Issued in Kansas City, MO, on January 5, a notice of proposed rulemaking may be PART 71—DESIGNATION OF CLASS A, 2004. published with a new comment period. CLASS B, CLASS C, CLASS D, AND Elizabeth S. Wallis, Comments Invited CLASS E AIRSPACE AREAS; Acting Manager, Air Traffic Division, Central AIRWAYS; ROUTES; AND REPORTING Region. Interested parties are invited to POINTS participate in this rulemaking by [FR Doc. 04–917 Filed 1–14–04; 8:45 am] submitting such written data, views, or ■ 1. The authority citation for part 71 BILLING CODE 4910–13–M arguments, as they may desire. continues to read as follows: Comments that provide the factual basis Authority: 49 U.S.C. 106(g), 40103, 40113, DEPARTMENT OF TRANSPORTATION supporting the views and suggestions 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– presented are particularly helpful in 1963 Comp., p. 389. Federal Aviation Administration developing reasoned regulatory § 71.1 [Amended] decisions on the proposal. Comments 14 CFR Part 71 are specifically invited on the overall ■ 2. The incorporation by reference in 14 regulatory, aeronautical, economic, CFR 71.1 of Federal Aviation [Docket No. FAA–2003–16497; Airspace environmental, and energy-related Administration Order 7400.9L, dated Docket No. 03–ACE–81] aspects of the proposal. September 2, 2003, and effective Modification of Class E Airspace; Communications should identify both September 16, 2003, is amended as Milford, IA docket numbers and be submitted in follows: triplicate to the address listed above. * * * * * AGENCY: Federal Aviation Commenters wishing the FAA to Administration (FAA), DOT. acknowledge receipt of their comments Paragraph 6003 Class E airspace areas ACTION: Direct final rule; confirmation of on this notice must submit with those designated as an extension. effective date. comments a self-addressed, stamped The Class E airspace area listed below consists of airspace extending upward from postcard on which the following SUMMARY: This document confirms the statement is made: ‘‘Comments to the surface designated as an extension to a Class C surface area. effective date of the direct final rule Docket No. FAA–2003–16763/Airspace which revises Class E airspace at * * * * * Docket No. 03–ACE–100.’’ The postcard Milford, IA. will be date/time stamped and returned ACE MO E3 Springfield, MO EFFECTIVE DATE: 0901 UTC, February 19, to the commenter. Springfield-Branson Regional Airport, MO 2004. (Lat. 37°14′44″ N., long. 93°23′19″ W.) Agency Findings FOR FURTHER INFORMATION CONTACT: Springfield VORTAC The regulations adopted herein will (Lat. 37°21′21″ N., long. 93°20′03″ W.) Kathy Randolph, Air Traffic Division, Airspace Branch, ACE–520C DOT not have a substantial direct effect on That airspace extending upward from the the States, on the relationship between surface within 1.8 miles west and 2.2 miles Regional Headquarters Building, Federal the national Government and the States, east of the Springfield VORTAC 200° radial Aviation Administration, 901 Locust, or on the distribution of power and extending from the 5-mile radius of Kansas City, MO 64106; telephone: responsibilities among the various Springfield-Branson Regional Airport to the (816) 329–2525. levels of government. Therefore, it is VORTAC. SUPPLEMENTARY INFORMATION: The FAA determined that this final rule does not * * * * * published this direct final rule with a

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request for comments in the Federal NW., Washington, DC 20531; these changes would be unnecessary Register on November 28, 2003 (68 FR Telephone: (202) 305–2550. (This is not and contrary to the public interest. 66700). The FAA uses the direct final a toll-free number.) Executive Order 12866 rulemaking procedure for a non- SUPPLEMENTARY INFORMATION: controversial rule where the FAA This regulation has been written and believes that there will be no adverse Background reviewed in accordance with Executive Order 12866, Sec. 1(b), Principles of public comment. This direct final rule The Bureau of Justice Assistance Regulation. OJP has determined that this advised the public that no adverse (BJA) in the Office of Justice Programs rule is not a ‘‘significant regulatory comments were anticipated, and that (OJP) administers several major grant action’’ under Executive Order 12866, unless a written adverse comment, or a programs and provides technical Sec. 3(f), Regulatory Planning and written notice of intent to submit such assistance to state, local, and tribal Review, and accordingly this rule has an adverse comment, were received governments to help them with the not been reviewed by the Office of within the comment period, the implementation of the 1994 Crime Act’s Management and Budget. regulation would become effective on corrections-related programs. One of February 19, 2004. No adverse these programs is the Grants for Regulatory Flexibility Act comments were received, and thus this Correctional Facilities on Tribal Lands OJP, in accordance with the notice confirms that this direct final rule Program. This program provides will become effective on that date. Regulatory Flexibility Act (5 U.S.C. funding for the construction of 605(b)), has reviewed this regulation Issued in Kansas City, MO on January 5, correctional facilities on tribal lands for and by approving it certifies that this 2004. the incarceration of offenders subject to regulation will not have a significant Elizabeth S. Wallis, tribal jurisdiction. economic impact upon a substantial Acting Manager, Air Traffic Division, Central Grant funds may not be used for the number of small entities because the Region. purchase of land or for the costs economic impact is limited to OJP’s [FR Doc. 04–918 Filed 1–14–04; 8:45 am] associated with the operation of the appropriated funds. BILLING CODE 4910–13–M correctional facility. Unfunded Mandates Reform Act of 1995 History of This Rulemaking This rule will not result in the DEPARTMENT OF JUSTICE On September 24, 1996, OJP expenditure by state, local, and tribal published an interim rule (at 61 FR governments, in the aggregate, or by the Office of Justice Programs 49969), amending 28 CFR Part 91, private sector, of $100,000,000 or more Subpart C, Grants for Correctional in any one year, and it will not 28 CFR Part 91 Facilities, to implement the Violent significantly or uniquely affect small [OJP(OJP)–Docket No. 1099F] Offender Incarceration and Truth-In- governments. Therefore, no actions were Sentencing Grants Program for Indian deemed necessary under the provisions RIN 1121–AA41 Tribes, as required by section 114 of the of the Unfunded Mandates Reform Act Fiscal Year 1996 Omnibus Consolidated Grants for Correctional Facilities on of 1995. Rescissions and Appropriations Act. Tribal Lands Program Small Business Regulatory Enforcement Section 114 amended the Violent Crime Fairness Act of 1996 AGENCY: Office of Justice Programs, Control and Law Enforcement Act of Justice. 1994, 42 U.S.C. 13701 et seq., to This rule is not a major rule as defined by Sec. 804 of the Small ACTION: Second interim rule with authorize a reservation of funds for the request for comments. specific purpose of allowing the Business Regulatory Enforcement Attorney General to make discretionary Fairness Act of 1996. This rule will not SUMMARY: The Office of Justice Programs grants to Indian tribes. result in an annual effect on the is issuing this second interim rule to Since the publication of the 1996 economy of $100,000,000 or more; a update and further clarify what the interim rule, OJP has received requests major increase in cost or prices; or Bureau of Justice Assistance considers for further clarification of certain terms. significant adverse effects on to be an eligible ‘‘Indian tribe’’ and what Accordingly, OJP is now issuing this competition, employment, investment, is considered to be ‘‘construction,’’ second interim rule, revising Subpart C productivity, innovation, or on the under the Grants for Correctional to update and clarify what is an eligible ability of United States-based Facilities on Tribal Lands Program. ‘‘Indian tribe’’ and what is considered companies to compete with foreign- DATES: This rule will become effective ‘‘construction’’ under this program. based companies in domestic and export markets. February 17, 2004. All comments must Regulatory Certifications be received by March 15, 2004. Paperwork Reduction Act ADDRESSES: Interested persons are Administrative Procedure Act 5 U.S.C. 553 No new collection of information invited to submit comments regarding requirements as defined under the this rule, by U.S. mail, to Renee Giger, Because this rule makes only Paperwork Reduction Act (44 U.S.C. Bureau of Justice Assistance, Office of technical clarifications to a previously 3504(h)) are being added by this Justice Programs, 810 Seventh Street, published interim rule, and imposes no regulation. NW., Washington, DC 20531; and by new restrictions, the Department of electronic mail, to: [email protected]. Justice finds good cause for exempting Environmental Impact Communications should refer to the it from the provision of the OJP has evaluated this rule in above docket number and title. Administrative Procedure Act (5 U.S.C. accordance with its procedures for FOR FURTHER INFORMATION CONTACT: 553) requiring notice of proposed rule- ensuring full consideration of the Phillip Merkle, Senior Policy Advisor, making, and the 60-day period required potential environmental impacts of Bureau of Justice Assistance, Office of for public comment. For the same OJP’s actions, as required by the Justice Programs, 810 Seventh Street, reasons, a delay in the effective date of National Environmental Policy Act (42

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U.S.C. § 4321 et seq.) and related PENSION BENEFIT GUARANTY (2) adds to appendix B to part 4022 the directives. OJP has concluded that the CORPORATION interest assumptions for the PBGC to issuance of this rule does not have a use for its own lump-sum payments in significant impact on the quality of the 29 CFR Parts 4022 and 4044 plans with valuation dates during human environment and, therefore, February 2004, and (3) adds to appendix Benefits Payable in Terminated Single- does not require the preparation of an C to part 4022 the interest assumptions Environmental Impact Statement. Employer Plans; Allocation of Assets in Single-Employer Plans; Interest for private-sector pension practitioners Energy Impact Statement Assumptions for Valuing and Paying to refer to if they wish to use lump-sum Benefits interest rates determined using the OJP has evaluated this rule and has PBGC’s historical methodology for determined that it creates no new AGENCY: Pension Benefit Guaranty valuation dates during February 2004. impact on the energy supply or Corporation. For valuation of benefits for allocation distribution. ACTION: Final rule. purposes, the interest assumptions that List of Subjects in 28 CFR Part 91 SUMMARY: The Pension Benefit Guaranty the PBGC will use (set forth in appendix B to part 4044) will be 4.10 percent for Grant programs—Law. Corporation’s regulations on Benefits Payable in Terminated Single-Employer the first 20 years following the valuation ■ Accordingly, for the reasons set forth Plans and Allocation of Assets in date and 5.00 percent thereafter. These in the preamble, 28 CFR part 91, as Single-Employer Plans prescribe interest interest assumptions represent a amended by the interim rule published assumptions for valuing and paying decrease (from those in effect for at 61 FR 49969 on September 24, 1996, benefits under terminating single- January 2004) of 0.10 percent for the is further amended by this second employer plans. This final rule amends first 20 years following the valuation interim rule as follows: the regulations to adopt interest date and are otherwise unchanged. assumptions for plans with valuation The interest assumptions that the PART 91—GRANTS FOR dates in February 2004. Interest PBGC will use for its own lump-sum CORRECTIONAL FACILITIES assumptions are also published on the payments (set forth in appendix B to PBGC’s Web site (http://www.pbgc.gov). ■ 1. The authority citation for subpart C part 4022) will be 3.25 percent for the EFFECTIVE DATE: February 1, 2004. continues to read as follows: period during which a benefit is in pay FOR FURTHER INFORMATION CONTACT: Authority: 42 U.S.C. 13701 et seq., as status and 4.00 percent during any years Harold J. Ashner, Assistant General preceding the benefit’s placement in pay amended by Pub. L. 104–134. Counsel, Office of the General Counsel, status. These interest assumptions are ■ Pension Benefit Guaranty Corporation, 2. Subpart C is amended by revising unchanged from those in effect for the heading to read as follows: 1200 K Street, NW., Washington, DC 20005, 202–326–4024. (TTY/TDD users January 2004. Subpart C—Correctional Facilities on may call the Federal relay service toll- For private-sector payments, the Tribal Lands free at 1–800–877–8339 and ask to be interest assumptions (set forth in connected to 202–326–4024.) appendix C to part 4022) will be the 2. Section 91.22 is amended by SUPPLEMENTARY INFORMATION: The same as those used by the PBGC for revising paragraphs (d) and (e) to read PBGC’s regulations prescribe actuarial determining and paying lump sums (set as follows: assumptions—including interest forth in appendix B to part 4022). § 91.22 Definitions. assumptions—for valuing and paying The PBGC has determined that notice plan benefits of terminating single- * * * * * and public comment on this amendment employer plans covered by title IV of are impracticable and contrary to the (d) Indian Tribe means an eligible the Employee Retirement Income public interest. This finding is based on Native American tribe as defined by the Security Act of 1974. The interest the need to determine and issue new Indian Self Determination Act, 25 U.S.C. assumptions are intended to reflect interest assumptions promptly so that 450b(e). current conditions in the financial and the assumptions can reflect, as (e) Construction means the erection, annuity markets. accurately as possible, current market Three sets of interest assumptions are acquisition, renovation, repair, conditions. remodeling, or expansion of new or prescribed: (1) A set for the valuation of existing buildings or other physical benefits for allocation purposes under Because of the need to provide facilities, and the acquisition or section 4044 (found in appendix B to immediate guidance for the valuation installation of fixed furnishings and part 4044), (2) a set for the PBGC to use and payment of benefits in plans with equipment. It includes facility planning to determine whether a benefit is valuation dates during February 2004, (including environmental impact payable as a lump sum and to determine the PBGC finds that good cause exists analysis), pre-architectural lump-sum amounts to be paid by the for making the assumptions set forth in programming, architectural design, PBGC (found in appendix B to part this amendment effective less than 30 preservation, construction, 4022), and (3) a set for private-sector days after publication. administration, construction pension practitioners to refer to if they The PBGC has determined that this management, or project management wish to use lump-sum interest rates action is not a ‘‘significant regulatory determined using the PBGC’s historical costs. Construction does not include the action’’ under the criteria set forth in methodology (found in appendix C to purchase of land. Executive Order 12866. part 4022). Deborah J. Daniels, Accordingly, this amendment (1) adds Because no general notice of proposed Assistant Attorney General, Office of Justice to appendix B to part 4044 the interest rulemaking is required for this Programs. assumptions for valuing benefits for amendment, the Regulatory Flexibility [FR Doc. 04–281 Filed 1–14–04; 8:45 am] allocation purposes in plans with Act of 1980 does not apply. See 5 U.S.C. BILLING CODE 4410–18–P valuation dates during February 2004, 601(2).

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List of Subjects In consideration of the foregoing, 29 Authority: 29 U.S.C. 1302, 1322, 1322b, CFR parts 4022 and 4044 are amended 1341(c)(3)(D), and 1344. 29 CFR Part 4022 as follows: ■ 2. In appendix B to part 4022, Rate Set Employee benefit plans, Pension 124, as set forth below, is added to the PART 4022—BENEFITS PAYABLE IN insurance, Pensions, Reporting and table. (The introductory text of the table recordkeeping requirements. TERMINATED SINGLE-EMPLOYER is omitted.) PLANS 29 CFR Part 4044 Appendix B to Part 4022—Lump Sum Employee benefit plans, Pension ■ 1. The authority citation for part 4022 Interest Rates for PBGC Payments insurance, Pensions. continues to read as follows: * * * * *

For plans with a valuation date Immediate annu- Deferred annuities (percent) Rate set ity rate (percent) On or after Before i1 i2 i3 n1 n2

****** * 124 2–1–04 3–1–04 3.25 4.00 4.00 4.00 7 8

■ 3. In appendix C to part 4022, Rate Set Appendix C to Part 4022—Lump Sum 124, as set forth below, is added to the Interest Rates for Private-Sector table. (The introductory text of the table Payments is omitted.) * * * * *

For plans with a valuation date Immediate annu- Deferred annuities (percent) Rate set ity rate (percent) On or after Before i1 i2 i3 n1 n2

****** * 124 2–1–04 3–1–04 3.25 4.00 4.00 4.00 7 8

PART 4044—ALLOCATION OF Authority: 29 U.S.C. 1301(a), 1302(b)(3), table. (The introductory text of the table ASSETS IN SINGLE-EMPLOYER 1341, 1344, 1362. is omitted.) PLANS ■ 5. In appendix B to part 4044, a new Appendix B to Part 4044—Interest ■ 4. The authority citation for part 4044 entry, as set forth below, is added to the Rates Used To Value Benefits continues to read as follows: * * * * *

The values of it are: For valuation dates occurring in the month— it for t = it for t = it for t =

****** * February 2004 .0410 1–20 .0500 >20 N/A ...... N/A

Issued in Washington, DC, on this 9th day ENVIRONMENTAL PROTECTION emission of volatile organic compounds of January 2004. AGENCY (VOC) from the transfer of gasoline at Joseph H. Grant, dispensing stations. We are approving a Deputy Executive Director and Chief 40 CFR Part 52 local rule that regulates this emission Operating Officer, Pension Benefit Guaranty [CA 289–0417a; FRL–7600–7] source under the Clean Air Act as Corporation. amended in 1990 (CAA or the Act). [FR Doc. 04–873 Filed 1–14–04; 8:45 am] Revision to the California State DATES: This rule is effective on March BILLING CODE 7708–01–P Implementation Plan, Monterey Bay 15, 2004 without further notice, unless Unified Air Pollution Control District EPA receives adverse comments by February 17, 2004. If we receive such AGENCY: Environmental Protection Agency (EPA). comments, we will publish a timely withdrawal in the Federal Register to ACTION: Direct final rule. notify the public that this rule will not SUMMARY: EPA is taking direct final take effect. action to approve a revision to the ADDRESSES: Send comments to Andy Monterey Bay Unified Air Pollution Steckel, Rulemaking Office Chief (AIR– Control District (MBUAPCD) portion of 4), U.S. Environmental Protection the California State Implementation Agency, Region IX, 75 Hawthorne Plan (SIP). The revision concerns the Street, San Francisco, CA 94105, or e-

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mail to [email protected], or Monterey Bay Unified Air Pollution Table of Contents submit comments at http:// Control District, 24580 Silver Cloud I. The State’s Submittal www.regulations.gov. Court, Monterey, CA 93940. A. What Rule did the State Submit? You can inspect a copy of the A copy of the rule may also be B. Are There Other Versions of this Rule? submitted rule revisions and EPA’s available via the Internet at http:// C. What is the Purpose of the Submitted Rule Revisions? technical support document (TSD) at www.arb.ca.gov/drdb/drdbltxt.htm. II. EPA’s Evaluation and Action our Region IX office during normal Please be advised that this is not an EPA A. How is EPA Evaluating the Rule? business hours. You may also see a copy Web site and may not contain the same B. Does the Rule Meet the Evaluation of the submitted rule revisions and TSD version of the rule that was submitted Criteria? at the following locations: to EPA. C. Public Comment and Final Action III. Statutory and Executive Order Reviews Environmental Protection Agency, Air FOR FURTHER INFORMATION CONTACT: Al Docket (6102), Ariel Rios Building, Petersen, Rulemaking Office (AIR–4), I. The State’s Submittal 1200 Pennsylvania Avenue, NW., U.S. Environmental Protection Agency, A. What Rule Did the State Submit? Washington, DC 20460. Region IX, (415) 947–4118, California Air Resources Board, [email protected]. Table 1 lists the rule we are approving Stationary Source Division, Rule SUPPLEMENTARY INFORMATION: with the date that it was adopted by the Evaluation Section, 1001 ‘‘I’’ Street, Throughout this document, ‘‘we,’’ ‘‘us’’ local air agency and submitted by the Sacramento, CA 95814. and ‘‘our’’ refer to EPA. California Air Resources Board (CARB).

TABLE 1.—SUBMITTED RULE

Local agency Rule No. Rule title Amended Submitted

MBUAPCD ...... 1002 Transfer of Gasoline into Vehicle Fuel Tanks ...... 04/16/03 08/11/03

On October 10, 2003, this submittal • (Deficiency: Performance test Implementation Plans, U.S. EPA, 40 was found to meet the completeness records, reverification of performance CFR part 51. criteria in 40 CFR part 51, appendix V, test records, maintenance records and • Issues Relating to VOC Regulation which must be met before formal EPA throughput records (if an exemption is Cutpoints, Deficiencies, and Deviations, review. claimed) should be maintained for at U.S. EPA, OAQPS (May 25, 1988). (The least two years.) 4.5: Retention of Bluebook) B. Are There Other Versions of This appropriate records is required for two • Guidance Document for Correcting Rule? years. Common VOC & Other Rule We granted a limited approval/limited • In addition, some definitions were Deficiencies, EPA Region IX (August 21, disapproval to MBUAPCD Rule 1002, 2001). (The Little Bluebook) added, specific requirements for • originally adopted on February 22, driveoffs were added, and specific EPA Draft Model Rule, Gasoline 1989, into the SIP on July 25, 2001 (66 requirements for testing personnel were Dispensing Facility-Stage II Vapor FR 38561). added. Recovery, U.S. EPA (August 17, 1992). • Gasoline Vapor Recovery C. What Is the Purpose of the Submitted II. EPA’s Evaluation and Action Guidelines, EPA Region IX (April 24, Rule Revisions? A. How Is EPA Evaluating the Rule? 2000). VOCs help produce ground-level B. Does the Rule Meet the Evaluation ozone and smog, which harm human Generally, SIP rules must be Criteria? health and the environment. Section enforceable (see section 110(a) of the 110(a) of the CAA requires states to Act), must require Reasonably Available We believe Rule 1002 is consistent submit regulations that control VOC Control Technology (RACT) for major with the relevant policy and guidance emissions. sources in nonattainment areas (see regarding enforceability, SIP relaxations, fulfilling RACT requirements, and The purpose of revisions to Rule 1002 section 182(a)(2)(A)), and must not relax fulfilling vapor recovery equipment is to correct the deficiencies cited in the existing requirements (see sections requirements. The TSD has more limited approval/limited disapproval of 110(l) and 193). Gasoline dispensing information on our evaluation. July 25, 2001 as described below: sources in ozone nonattainment areas must have gasoline vapor recovery • (Deficiency: The maintenance C. Public Comment and Final Action equipment (see section 182(a)(3)(A)). inspection checklist has an incorrect The MBUAPCD regulates an ozone As authorized in section 110(k)(3) of reference and the components of the maintenance attainment area (see 40 the CAA, EPA is fully approving the checklist are not identified.) 3.3.2: The CFR part 81). Rule 1002 is therefore not submitted rule because we believe it inspection checklist is now stated to be required to fulfill RACT or have vapor fulfills all relevant requirements. We do one developed by the District or an recovery equipment, unless required in not think anyone will object to this, so equivalent one approved by the District. we are finalizing the approval without • the maintenance attainment plan. (Deficiency: Specific EPA-approved However, Rule 1002 does fulfill RACT proposing it in advance. However, in test methods for reverification of and does require vapor recovery the Proposed Rules section of this performance tests should be provided equipment. Federal Register, we are simultaneously for, at a minimum, a static leak test, a proposing approval of the same dynamic back pressure test, an air-to- The following guidance documents submitted rules. If we receive adverse liquid volume ratio test, and a liquid were used for reference: comments by February 17, 2004, we will removal rate test.) 4.7.1: The appropriate • Requirements for Preparation, publish a timely withdrawal in the specific test methods are provided. Adoption, and Submittal of Federal Register to notify the public

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that the direct final approval will not subject to Executive Order 13045 Ozone, Reporting and recordkeeping take effect and we will address the ‘‘Protection of Children from requirements, Volatile organic comments in a subsequent final action Environmental Health Risks and Safety compounds. based on the proposal. If we do not Risks’’ (62 FR 19885, April 23, 1997), Authority: 42 U.S.C. 7401 et seq. receive timely adverse comments, the because it is not economically direct final approval will be effective significant. Dated: December 2, 2003. without further notice on March 15, In reviewing SIP submissions, EPA’s Wayne Nastri, 2004. This will incorporate SJVUAPCD role is to approve state choices, Regional Administrator, Region IX. Rule 1002 into the federally-enforceable provided that they meet the criteria of ■ Part 52, chapter I, title 40 of the Code SIP. There are no sanction or FIP clocks the Clean Air Act. In this context, in the of Federal Regulations is amended as associated with our previous action on absence of a prior existing requirement follows: this rule. for the State to use voluntary consensus standards (VCS), EPA has no authority PART 52—[AMENDED] III. Statutory and Executive Order to disapprove a SIP submission for Reviews failure to use VCS. It would thus be ■ 1. The authority citation for part 52 Under Executive Order 12866 (58 FR inconsistent with applicable law for continues to read as follows: 51735, October 4, 1993), this action is EPA, when it reviews a SIP submission, Authority: 42 U.S.C. 7401 et seq. not a ‘‘significant regulatory action’’ and to use VCS in place of a SIP submission therefore is not subject to review by the that otherwise satisfies the provisions of Subpart F—California Office of Management and Budget. For the Clean Air Act. Thus, the ■ this reason, this action is also not requirements of section 12(d) of the 2. Section 52.220 is amended by subject to Executive Order 13211, National Technology Transfer and adding paragraph (c)(320)(i)(A)(2) to ‘‘Actions Concerning Regulations That Advancement Act of 1995 (15 U.S.C. read as follows: Significantly Affect Energy Supply, 272 note) do not apply. This rule does § 52.220 Identification of plan. Distribution, or Use’’ (66 FR 28355, May not impose an information collection * * * * * 22, 2001). This action merely approves burden under the provisions of the (c) * * * state law as meeting Federal Paperwork Reduction Act of 1995 (44 (320) * * * requirements and imposes no additional U.S.C. 3501 et seq.). requirements beyond those imposed by The Congressional Review Act, 5 (i) * * * state law. Accordingly, the U.S.C. 801 et seq., as added by the Small (A) * * * Administrator certifies that this rule Business Regulatory Enforcement (2) Rule 1002, adopted on February will not have a significant economic Fairness Act of 1996, generally provides 22, 1989 and revised on April 16, 2003. impact on a substantial number of small that before a rule may take effect, the * * * * * entities under the Regulatory Flexibility agency promulgating the rule must [FR Doc. 04–836 Filed 1–14–04; 8:45 am] Act (5 U.S.C. 601 et seq.). Because this submit a rule report, which includes a BILLING CODE 6560–50–P rule approves pre-existing requirements copy of the rule, to each House of the under state law and does not impose Congress and to the Comptroller General any additional enforceable duty beyond of the United States. EPA will submit a ENVIRONMENTAL PROTECTION that required by state law, it does not report containing this rule and other AGENCY contain any unfunded mandate or required information to the U.S. Senate, significantly or uniquely affect small the U.S. House of Representatives, and 40 CFR Part 62 governments, as described in the the Comptroller General of the United [Region 2 Docket No. NY66–271a, FRL– Unfunded Mandates Reform Act of 1995 States prior to publication of the rule in 7610–5] (Public Law 104–4). the Federal Register. A major rule This rule also does not have tribal cannot take effect until 60 days after it Approval and Promulgation of State implications because it will not have a is published in the Federal Register. Plans for Designated Facilities; New substantial direct effect on one or more This action is not a ‘‘major rule’’ as York Indian tribes, on the relationship defined by 5 U.S.C. 804(2). between the Federal Government and Under section 307(b)(1) of the Clean AGENCY: Environmental Protection Indian tribes, or on the distribution of Air Act, petitions for judicial review of Agency (EPA). power and responsibilities between the this action must be filed in the United ACTION: Direct final rule. Federal Government and Indian tribes, States Court of Appeals for the as specified by Executive Order 13175 appropriate circuit by March 15, 2004. SUMMARY: The Environmental Protection (65 FR 67249, November 9, 2000). This Filing a petition for reconsideration by Agency (EPA) is approving a revision to action also does not have Federalism the Administrator of this final rule does the State Plan submitted by New York implications because it does not have not affect the finality of this rule for the implementing the Municipal Solid substantial direct effects on the States, purposes of judicial review nor does it Waste (MSW) Landfill Emission on the relationship between the national extend the time within which a petition Guidelines, as promulgated by EPA. The government and the States, or on the for judicial review may be filed, and State Plan establishes performance distribution of power and shall not postpone the effectiveness of standards for existing MSW landfills responsibilities among the various such rule or action. This action may not located in New York State and provides levels of government, as specified in be challenged later in proceedings to for the implementation and enforcement Executive Order 13132 (64 FR 43255, enforce its requirements. (See section of those standards, which will reduce August 10, 1999). This action merely 307(b)(2).) the designated pollutants. The State approves a state rule implementing a Plan revision consists of moving the Federal standard, and does not alter the List of Subjects in 40 CFR Part 52 federally approved MSW requirements relationship or the distribution of power Environmental protection, Air from Subpart 360–2.21 of title 6 of the and responsibilities established in the pollution control, Incorporation by New York Codes, Rules and Regulations Clean Air Act. This rule also is not reference, Intergovernmental relations, (NYCRR) to Part 208 of title 6 NYCRR.

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DATES: This direct final rule is effective existing landfills in the State. The New rules section of this Federal Register on March 15, 2004, without further York State rules for MSW Landfills were publication, EPA is publishing a notice, unless EPA receives adverse primarily found in Subpart 360–2.21 of separate document that will serve as the comment by February 17, 2004. If title 6 of the New York Codes, Rules and proposal to approve the State Plan adverse comment is received, EPA will Regulations (NYCRR) of the State of revision should adverse comments be publish a timely withdrawal of the New York, entitled ‘‘Landfill Gas filed. This rule will be effective March direct final rule in the Federal Register Collection and Control Systems for 15, 2004, without further notice unless and inform the public that the rule will Certain Municipal Solid Waste the Agency receives adverse comments not take effect. Landfills’’. On July 19, 1999, EPA by February 17, 2004. ADDRESSES: Comments may be approved the revisions to Part 360–2.21 If the EPA receives adverse submitted either by mail or as meeting EPA guidelines and policy. comments, then EPA will publish a timely withdrawal in the Federal electronically. Written comments II. State Submittal should be mailed to Raymond Werner, Register informing the public that the Chief, Air Programs Branch, On December 24, 2001, and rule will not take effect. EPA will Environmental Protection Agency, supplemented on June 25, 2003, New address all public comments in a Region 2 Office, 290 Broadway, 25th York submitted to EPA a revision to the subsequent final rule based on the Floor, New York, New York 10007– State Plan for MSW Landfills. The proposed rule. The EPA will not 1866. Electronic comments could be revision consisted of the adoption of institute a second comment period on sent either to [email protected] Part 208, of title 6 NYCRR, entitled, this action. Any parties interested in or to http://www.regulations.gov, which ‘‘Landfill Gas Collection and Control commenting must do so at this time. is an alternative method for submitting Systems for Certain Municipal Solid Waste Landfills’’ and the removal of IV. Statutory and Executive Order electronic comments to EPA. Go directly Subpart 360–2.21. Part 208 replaces the Reviews to http://www.regulations.gov, then MSW landfill provisions that were Under Executive Order 12866 (58 FR select ‘‘Environmental Protection previously contained in Subpart 360– 51735, October 4, 1993), this action is Agency’’ at the top of the page and use 2.21. New York made this change not a ‘‘significant regulatory action’’ and the ‘‘go’’ button. Please follow the on- because the MSW landfill requirements therefore is not subject to review by the line instructions for submitting would be more effectively implemented Office of Management and Budget. For comments. this reason, this action is also not Copies of the state submittal are under the State ‘‘Air Regulations’’, i.e., Part 200 series of regulations of title 6 subject to Executive Order 13211, available at the following addresses for NYCRR rather than the State ‘‘Solid ‘‘Actions Concerning Regulations That inspection during normal business Waste Management Regulations’’, i.e., Significantly Affect Energy Supply, hours: Part 360 series of regulations of title 6 Distribution, or Use’’ (66 FR 28355, May Environmental Protection Agency, NYCRR. Specifically, this change would 22, 2001). This action merely approves Region 2 Office, Air Programs Branch, avoid duplication of conditions of state law as meeting Federal 290 Broadway, 25th Floor, New York, permits and duplication of effort requirements and imposes no additional New York 10007–1866. between the State Divisions of Air requirements beyond those imposed by New York State Department of Resources and Solid and Hazardous state law. Accordingly, the Environmental Conservation, Division Materials. The only difference among Administrator certifies that this rule of Air Resources, 625 Broadway, the two rules is the addition of will not have a significant economic Albany, New York 12233. compliance milestones into Part 208, as impact on a substantial number of small Environmental Protection Agency, Air required by 40 CFR 60.23 for all state entities under the Regulatory Flexibility and Radiation Docket and Information plans. These milestones specify the Act (5 U.S.C. 601 et seq.). Because this Center, Air Docket (6102), 401 M increments of progress a landfill must rule approves pre-existing requirements Street, SW., Washington, DC 20460. achieve between the time the landfill under state law and does not impose FOR FURTHER INFORMATION CONTACT: Kirk first becomes subject to Part 208 and the any additional enforceable duty beyond Wieber, Air Programs Branch, time it is in compliance with Part 208. that required by state law, it does not Environmental Protection Agency, contain any unfunded mandate or Region 2 Office, 290 Broadway, 25th III. Conclusion significantly or uniquely affect small Floor, New York, New York 10007– EPA has evaluated New York’s governments, as described in the 1866, (212) 637–3381 or revision to the Municipal Solid Waste Unfunded Mandates Reform Act of 1995 [email protected]. Landfill State Plan submitted by New (Public Law 104–4). SUPPLEMENTARY INFORMATION: York for consistency with the Clean Air This rule also does not have tribal Act, EPA guidelines and policy. EPA implications because it will not have a I. Background has determined that removal/relocation substantial direct effect on one or more On July 19, 1999 (64 FR 38582), EPA of the MSW Landfill requirements from Indian tribes, on the relationship conditionally approved and Subpart 360–2.21 of title 6 NYCRR between the Federal Government and subsequently on May 10, 2001 (66 FR entitled, ‘‘Landfill Gas Collection and Indian tribes, or on the distribution of 23851), EPA fully approved the New Control Systems for Certain Municipal power and responsibilities between the York State Plan for regulating existing Solid Waste Landfills’’ to Part 208 of Federal Government and Indian tribes, Municipal Solid Waste (MSW) title 6 NYCRR entitled, ‘‘Landfill Gas as specified by Executive Order 13175 Landfills. The reader is referred to the Collection and Control Systems for (65 FR 67249, November 9, 2000). New July 19, 1999 and May 10, 2001, Certain Municipal Solid Waste York’s State plan applies to all affected rulemaking actions for a more detailed Landfills’’ is approvable. sources regardless of whether it has description and the rationale of EPA’s The EPA is publishing this rule been identified in its plan. Therefore, approval of the New York MSW without prior proposal because the EPA has concluded that this rulemaking Landfills State Plan. As part of that State Agency views this as a noncontroversial action does not have federalism Plan, New York adopted revisions to submittal and anticipates no adverse implications nor does it have substantial State rules to control air emissions from comments. However, in the proposed direct effects on the States, on the

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relationship between the national extend the time within which a petition List of Subjects in 40 CFR Part 62 government and the States, or on the for judicial review may be filed, and Environmental protection, Air distribution of power and shall not postpone the effectiveness of pollution control, Acid gases, Carbon responsibilities among the various such rule or action. This action may not monoxide, Commercial and industrial levels of government, as specified in be challenged later in proceedings to solid waste, Intergovernmental Executive Order 13132 (64 FR 43255, enforce its requirements. (See section relations, Organics, Particulate matter, August 10, 1999). This action merely 307(b)(2).) Reporting and recordkeeping approves a state rule implementing a requirements. Federal standard, and does not alter the List of Subjects in 40 CFR Part 62 relationship or the distribution of power Environmental protection, Air Dated: December 29, 2003. and responsibilities established in the pollution control, Intergovernmental Jane M. Kenny, Clean Air Act. This rule also is not relations, Methane, Municipal solid Regional Administrator, Region 2. subject to Executive Order 13045 waste landfills, Nonmethane organic ■ Part 62, chapter I, title 40 of the Code ‘‘Protection of Children from compounds, Reporting and of Federal Regulations is amended as Environmental Health Risks and Safety recordkeeping requirements. follows: Risks’’ (62 FR 19885, April 23, 1997), Dated: December 29, 2003. because it is not economically PART 62—[AMENDED] significant. Jane M. Kenny, In reviewing state plan submissions, Regional Administrator, Region 2. ■ 1. The authority citation for part 62 EPA’s role is to approve state choices, [FR Doc. 04–889 Filed 1–14–04; 8:45 am] continues to read as follows: provided that they meet the criteria of BILLING CODE 6560–50–P Authority: 42 U.S.C. 7401–7671q. the Clean Air Act. In this context, in the absence of a prior existing requirement Subpart BBB—Puerto Rico for the state to use voluntary consensus ENVIRONMENTAL PROTECTION standards (VCS), EPA has no authority AGENCY ■ 2. Subpart BBB is amended by to disapprove a state plan submission removing § 62.13108 and the for failure to use VCS. It would thus be 40 CFR Part 62 undesignated center heading. inconsistent with applicable law for [FR Doc. 04–892 Filed 1–14–04; 8:45 am] EPA, when it reviews a SIP submission, [Region 2 Docket No. PR11–267w, FRL– BILLING CODE 6560–50–P to use VCS in place of a state plan 7610–4] submission that otherwise satisfies the provisions of the Clean Air Act. Thus, Approval and Promulgation of State ENVIRONMENTAL PROTECTION the requirements of section 12(d) of the Plans for Designated Facilities; Puerto AGENCY National Technology Transfer and Rico Removal of Direct Final Rule Advancement Act of 1995 (15 U.S.C. 40 CFR Part 300 AGENCY: Environmental Protection 272 note) do not apply. This rule does [FRL–7609–8] not impose an information collection Agency (EPA). burden under the provisions of the ACTION: Removal of direct final rule. National Oil and Hazardous Paperwork Reduction Act of 1995 (44 Substances Pollution Contingency U.S.C. 3501 et seq.). SUMMARY: Due to receipt of an adverse Plan; National Priorities List The Congressional Review Act, 5 comment, EPA is removing the direct U.S.C. 801 et seq., as added by the Small final rule which approved the ‘‘State AGENCY: Environmental Protection Business Regulatory Enforcement Plan’’ submitted by the Commonwealth Agency. Fairness Act of 1996, generally provides of Puerto Rico to fulfill the requirements ACTION: Notice of partial deletion of the that before a rule may take effect, the of sections 111(d)/129 of the Clean Air Rocky Mountain Arsenal National agency promulgating the rule must Act for Commercial and Industrial Solid Priorities List Site from the National submit a rule report, which includes a Waste Incineration (CISWI) units. The Priorities List. copy of the rule, to each House of the direct final rule was published on Congress and to the Comptroller General October 31, 2003 (68 FR 62019). As SUMMARY: The Environmental Protection of the United States. EPA will submit a stated in the direct final rule, if adverse Agency (EPA) Region 8 announces the report containing this rule and other comments were received by December deletion of the Selected Perimeter Area required information to the U.S. Senate, 1, 2003, a timely withdrawal would be of the Rocky Mountain Arsenal National the U.S. House of Representatives, and published in the Federal Register. EPA Priorities List (RMA/NPL) Site from the the Comptroller General of the United subsequently received an adverse National Priorities List (NPL). The NPL States prior to publication of the rule in comment. EPA will address the constitutes Appendix B of 40 CFR part the Federal Register. A major rule comments in a subsequent final action 300, which is the National Oil and cannot take effect until 60 days after it based upon the proposed action also Hazardous Substances Pollution is published in the Federal Register. published on October 31, 2003 (68 FR Contingency Plan (NCP), which EPA This action is not a ‘‘major rule’’ as 62040). EPA will not institute a second promulgated pursuant to section 105 of defined by 5 U.S.C. section 804(2). comment period on this action. the Comprehensive Environmental Under section 307(b)(1) of the Clean Response, Compensation, and Liability Air Act, petitions for judicial review of DATES: This action is effective January Act (CERCLA), as amended. EPA and this action must be filed in the United 15, 2004. the State of Colorado, through the States Court of Appeals for the FOR FURTHER INFORMATION CONTACT: Kirk Colorado Department of Public Health appropriate circuit by March 15, 2004. Wieber, Air Programs Branch, and Environment (CDPHE), have Filing a petition for reconsideration by Environmental Protection Agency, 290 determined that the Selected Perimeter the Administrator of this final rule does Broadway, 25th Floor, New York, New Area of the RMA/NPL Site poses no not affect the finality of this rule for the York 10007–1866, (212) 637–3381 or at significant threat to public health or the purposes of judicial review nor does it [email protected]. environment and, therefore, no further

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remedial measures pursuant to CERCLA the Selected Perimeter Area of the On- or other persons have implemented all are appropriate. Post OU of the RMA/NPL Site. The appropriate response actions required’’ This partial deletion pertains to the Surface Deletion Area of the On-Post (40 CFR 300.425(e)(1)(i)) were surface (soil, surface water, sediment), OU RMA/NPL Site, composed of the considered for deletion. Not all property structures, and groundwater media of surface and structures media only that met the deletion criteria were the Selected Perimeter Area of the On- within an additional 123 acres, also is included in EPA’s proposal for deletion. Post OU of the RMA/NPL Site. The being deleted at this time. The Off-Post However, the Selected Perimeter Area, Surface Deletion Area of the On-Post OU and the rest of the On-Post OU will in combination with the Surface OU RMA/NPL Site, composed of the remain on the NPL. Deletion Area, will allow the U.S. to surface and structures media only On July 28, 2003, EPA published a effect the 1992 RMA National Wildlife within an additional 123 acres, also is Notice of Intent for Partial Deletion Refuge Act and provide a direct benefit being deleted at this time. The rest of (NOIDp) in the Federal Register (68 FR to communities adjacent to RMA by the On-Post and Off-Post OUs will 44259) and local newspapers which remain on the NPL. This partial deletion proposed to delete the Selected making the 100-foot-strips available for of the Selected Perimeter Area will not Perimeter Area from the RMA/NPL Site. road widening which will ease access to change Appendix B of 40 CFR part 300, Comments received during the public Denver International Airport. The which was previously amended in comment period primarily focused on remainder of the Selected Perimeter and January 2003 (68 FR 2699) to reflect that the application of institutional controls Surface Deletion Areas will provide for a partial deletion of 1.5 square miles and five-year reviews once the proposed the establishment of a refuge of from the RMA/NPL Site had occurred. property is deleted, as well as significant size encompassing the EFFECTIVE DATE: January 15, 2004. understanding how the boundaries of southern zone and the existing Visitor Center, the areas of highest public use. FOR FURTHER INFORMATION CONTACT: Ms. the Selected Perimeter Area were Laura Williams, Remedial Project chosen. EPA also received 17 letters of The 17 entities who support the Manager (8EPR–F), U.S. EPA, Region 8, support for proceeding with the partial partial deletion cited their confidence in 999 18th Street, Suite 300, Denver, deletion and two letters which provided the environmental studies and the Colorado 80202–2466, (303) 312–6660. recommendations but did not state a thoroughness of the cleanup activities Information on the RMA/NPL Site as preference regarding the deletion. conducted by the Army and Shell to well as the Deletion Docket and the In our Responsiveness Summary, EPA meet standards set by EPA, the State of Responsiveness Summary for this explained how institutional controls are Colorado, and the Tri-County Health partial deletion are available at EPA’s currently in place for the entire On-Post Department. EPA agrees that completion OU as required by the 1989 Federal Region 8 Superfund Records Center in of the remedy requirements as well as Facilities Agreement, 1992 RMA Denver, Colorado. Documents are recent site-wide studies adequately National Wildlife Refuge Act, and 1996 available for viewing by appointment demonstrate that the Selected Perimeter Record of Decision for the RMA/NPL from 8 a.m. to 4 p.m., Monday through Area does not present a threat to the Friday excluding holidays by calling Site. These documents require the transfer of the 100-foot wide areas along environment or human health and it is (303) 312–6473. The Administrative the perimeter of the On-Post OU to appropriate to delete the Selected Record for the RMA/NPL Site, which State/local governments for road Perimeter Area from the RMA/NPL Site. includes the Deletion Docket and widening ‘‘be subject to perpetual EPA identifies sites that appear to Responsiveness Summary for the partial restrictions that are attached to any deed present a significant risk to public deletion of the Selected Perimeter and to such property.’’ Use restrictions for Surface Deletion Areas, is maintained at health, welfare, or the environment and the remainder of the deleted Selected the Joint Administrative Records maintains the NPL as the list of those Perimeter Area will be managed by the Document Facility, Rocky Mountain sites. Any site deleted from the NPL U.S. Fish and Wildlife Service as Arsenal, Building 129, Room 2024, remains eligible for Fund-financed outlined in the Interim RMA Commerce City, Colorado 80022–1748, actions in the unlikely event that Institutional Control Plan, in conditions at the site warrant such (303) 289–0362. Documents are coordination with the U.S. Army. The available for viewing from 12 p.m. to 4 action. Section 300.425(e)(3) of the NCP effectiveness of the institutional states that Fund-financed actions may p.m., Monday through Friday or by controls will be assessed as part of five- appointment. be taken at sites deleted from the NPL. year reviews. Deletion of a site from the NPL does not SUPPLEMENTARY INFORMATION: The Rocky Five-year reviews for the RMA/NPL affect responsible party liability or Mountain Arsenal National Priorities Site are conducted in accordance with impede Agency efforts to recover costs List (RMA/NPL) Site is located in EPA’s Comprehensive Five-Year Review associated with response efforts. southern Adams County, Colorado, Guidance. As the lead agency for the approximately eight miles northeast of RMA/NPL Site, the Army is responsible Lists of Subjects in 40 CFR Part 300 downtown Denver. The On-Post for conducting each site-wide, five-year operable unit (OU) of the RMA/NPL Site review regardless of land transfer. While Environmental protection, Air addresses the source areas of the Army cannot transfer this pollution control, Chemicals, Hazardous contamination within the boundaries of responsibility, they can contract with substances, Hazardous waste, RMA proper. The Off-Post OU addresses another agency or third party to conduct Intergovernmental relations, Penalties, contamination north and northwest of the actual five-year review activities. Reporting and recordkeeping the RMA proper boundaries. The The next year-long, five-year review requirements, Superfund, Water Selected Perimeter Area consists of process, which includes public pollution control, Water supply. 4,930 acres along the perimeter of the participation, is expected to begin in Dated: January 5, 2004. On-Post OU in Commerce City, late 2004 so it can be completed by the Robert E. Roberts, Colorado. December 2005 schedule. This partial deletion pertains to the EPA’s responsiveness summary Regional Administrator, Region 8. surface (soil, surface water, sediment), further explained how only areas which [FR Doc. 04–834 Filed 1–14–04; 8:45 am] structures, and groundwater media of met the criteria of ‘‘Responsible parties BILLING CODE 6560–50–P

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ENVIRONMENTAL PROTECTION partial deletion are available at EPA’s currently in place for the entire On-Post AGENCY Region 8 Superfund Records Center in OU as required by the 1989 Federal Denver, Colorado. Documents are Facilities Agreement, 1992 RMA 40 CFR Part 300 available for viewing by appointment National Wildlife Refuge Act, and 1996 from 8 a.m. to 4 p.m., Monday through Record of Decision for the RMA/NPL [FRL–7609–9] Friday excluding holidays by calling Site. These documents require the National Oil and Hazardous (303) 312–6473. The Administrative transfer of the 100-foot wide areas along Substances Pollution Contingency Record for the RMA/NPL Site, which the perimeter of the On-Post OU to Plan; National Priorities List includes the Deletion Docket and State/local governments for road Responsiveness Summary for the partial widening ‘‘be subject to perpetual AGENCY: Environmental Protection deletion of the Surface Deletion and restrictions that are attached to any deed Agency. Selected Perimeter Areas, is maintained to such property.’’ Use restrictions for ACTION: Notice of partial deletion of the at the Joint Administrative Records the remainder of the deleted Surface Rocky Mountain Arsenal National Document Facility, Rocky Mountain Deletion Area will be managed by the Priorities List Site from the National Arsenal, Building 129, Room 2024, U.S. Fish and Wildlife Service as Priorities List. Commerce City, Colorado 80022–1748, outlined in the Interim RMA (303) 289–0362. Documents are Institutional Control Plan, in SUMMARY: The Environmental Protection available for viewing from 12 p.m. to 4 coordination with the U.S. Army. The Agency (EPA) Region 8 announces the p.m., Monday through Friday or by effectiveness of the institutional deletion of the Surface Deletion Area of appointment. controls will be assessed as part of five- the Rocky Mountain Arsenal National year reviews. Priorities List (RMA/NPL) Site from the SUPPLEMENTARY INFORMATION: The Rocky Five-year reviews for the RMA/NPL National Priorities List (NPL). The NPL Mountain Arsenal National Priorities Site are conducted in accordance with constitutes Appendix B of 40 CFR part List (RMA/NPL) Site is located in EPA’s Comprehensive Five-Year Review 300, which is the National Oil and southern Adams County, Colorado, Guidance. As the lead agency for the Hazardous Substances Pollution approximately eight miles northeast of RMA/NPL Site, the Army is responsible Contingency Plan (NCP), which EPA downtown Denver. The On-Post for conducting each site-wide, five-year promulgated pursuant to section 105 of operable unit (OU) of the RMA/NPL Site review regardless of land transfer. While the Comprehensive Environmental addresses the source areas of the Army cannot transfer this Response, Compensation, and Liability contamination within the boundaries of responsibility, they can contract with Act (CERCLA), as amended. EPA and RMA proper. The Off-Post OU addresses another agency or third party to conduct the State of Colorado, through the contamination north and northwest of the actual five-year review activities. Colorado Department of Public Health the RMA proper boundaries. The The next year-long, five-year review and Environment (CDPHE), have Surface Deletion Area consists of 123 process, which includes public determined that the Surface Deletion acres on the northern and southern participation, is expected to begin in Area of the RMA/NPL Site poses no perimeter of the On-Post OU in late 2004 so it can be completed by the significant threat to public health or the Commerce City, Colorado. December 2005 schedule. environment and, therefore, no further This partial deletion pertains to the EPA’s responsiveness summary remedial measures pursuant to CERCLA surface (soil, surface water, sediment) further explained how only areas which are appropriate. and structures media only and excludes met the criteria of ‘‘Responsible parties This partial deletion pertains to the the groundwater media of the Surface or other persons have implemented all surface (soil, surface water, sediment) Deletion Area of the On-Post OU of the appropriate response actions required’’ and structures media only and excludes RMA/NPL Site. The Selected Perimeter (40 CFR 300.425(e)(1)(i)) were the groundwater media of the Surface Area of the On-Post OU RMA/NPL Site, considered for deletion. Not all property Deletion Area of the On-Post OU of the composed of the surface, structures, and that met the deletion criteria were RMA/NPL Site. The Selected Perimeter groundwater media within an additional included in EPA’s proposal for deletion. Area of the On-Post OU RMA/NPL Site, 4,930 acres, also is being deleted at this However, the Surface Deletion Area, in composed of the surface, structures, and time. The rest of the On-Post and Off- combination with the Surface Deletion groundwater media within an additional Post OUs will remain on the NPL. Area, will allow the U.S. to effect the On July 28, 2003, EPA published a 4,930 acres, also is being deleted at this 1992 RMA National Wildlife Refuge Act Notice of Intent for Partial Deletion time. The rest of the On-Post and Off- and provide a direct benefit to (NOIDp) in the Federal Register (68 FR communities adjacent to RMA by Post OUs will remain on the NPL. This 44265) and local newspapers which making the 100-foot-strips available for partial deletion of the Surface Deletion proposed to delete the Surface Deletion road widening which will ease access to Area will not change Appendix B of 40 Area from the RMA/NPL Site. Denver International Airport. The CFR part 300, which was previously Comments received during the public remainder of the Selected Perimeter and amended in January 2003 (68 FR 2699) comment period primarily focused on Surface Deletion Areas will provide for to reflect that a partial deletion of 1.5 the application of institutional controls the establishment of a refuge of square miles from the RMA/NPL Site and five-year reviews once the proposed significant size encompassing the had occurred. property is deleted, as well as southern zone and the existing Visitor EFFECTIVE DATE: January 15, 2004. understanding how the boundaries of Center, the areas of highest public use. FOR FURTHER INFORMATION CONTACT: Ms. the Surface Deletion Area were chosen. The 17 entities who support the Laura Williams, Remedial Project EPA also received 17 letters of support partial deletion cited their confidence in Manager (8EPR–F), U.S. EPA, Region 8, for proceeding with the partial deletion the environmental studies and the 999 18th Street, Suite 300, Denver, and two letters which provided thoroughness of the cleanup activities Colorado, 80202–2466, (303) 312–6660. recommendations but did not state a conducted by the Army and Shell to Information on the RMA/NPL Site as preference regarding the deletion. meet standards set by EPA, the State of well as the Deletion Docket and the In our Responsiveness Summary, EPA Colorado, and the Tri-County Health Responsiveness Summary for this explained how institutional controls are Department. EPA agrees that completion

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of the remedy requirements as well as in the Federal Register on December 15, Vessels issued a Federal moratorium recent site-wide studies adequately 2003 (68 FR 69778). That rule requires permit to harvest spiny dogfish may demonstrate that the Surface Deletion operators to develop integrity possess up to 300 lb (136 kg) of spiny Area does not present a threat to the management programs for gas dogfish per trip per calendar day on environment or human health and it is transmission pipelines located where a 0001 hours local time, January 12, 2004, appropriate to delete the Surface leak or rupture could do the most harm, through 2359 hours local time, April 30, Deletion Area from the RMA/NPL Site. i.e., could impact high consequence 2004. The intent of this action is to EPA identifies sites that appear to areas (HCAs). The rule requires gas allow for the full utilization of the present a significant risk to public transmission pipeline operators to commercial quota allocated to the spiny health, welfare, or the environment and perform ongoing assessments of dogfish fishery. maintains the NPL as the list of those pipeline integrity, to improve data sites. Any site deleted from the NPL collection, integration and analysis, to DATES: Effective 0001 hours local time, remains eligible for Fund-financed repair and remediate the pipeline as January 12, 2004, through 2359 hours actions in the unlikely event that necessary, and to implement preventive local time, April 30, 2004. conditions at the site warrant such and mitigative actions. The published FOR FURTHER INFORMATION CONTACT: Paul action. Section 300.425(e)(3) of the NCP effective date was in error. This H. Jones, Fishery Policy Analyst, 978– states that Fund-financed actions may document corrects the effective date 281–9273, fax 978–281–9135, e-mail be taken at sites deleted from the NPL. from January 14, 2004, to February 14, [email protected]. Deletion of a site from the NPL does not 2004, to meet the 60 day requirement for affect responsible party liability or Congressional review of major rules. (5 SUPPLEMENTARY INFORMATION: Section impede Agency efforts to recover costs U.S.C. 801(a)(4).) 648.231 of part 50 CFR requires NMFS associated with response efforts. EFFECTIVE DATE: The effective date for to close the commercial fishery for Lists of Subjects in 40 CFR Part 300 the final rule published on December spiny dogfish in the EEZ for each semi- 15, 2003, at 68 FR 69778 is corrected to annual quota period when the quota is Environmental protection, Air read February 14, 2004. determined to be harvested. The pollution control, Chemicals, Hazardous FOR FURTHER INFORMATION CONTACT: Administrator, Northeast Region, substances, Hazardous waste, Mike Israni by phone at (202) 366–4571, NMFS, based on dealer reports, state Intergovernmental relations, Penalties, by fax at (202) 366–4566, or by e-mail data, and other available information, Reporting and recordkeeping at [email protected], regarding determined that the quota for Quota requirements, Superfund, Water Period 2 would be harvested (68 FR pollution control, Water supply. the subject matter of the final rule. Issued in Washington, DC, on December 41945, July 16, 2003), therefore, Dated: January 5, 2004. 22, 2003. effective 0001 hours, July 18, 2003, the Robert E. Roberts, Samuel G. Bonasso, commercial fishery for spiny dogfish in Regional Administrator, Region 8. Deputy Administrator. the EEZ was closed. However, new [FR Doc. 04–835 Filed 1–1–04; 8:45 am] [FR Doc. 04–275 Filed 1–14–04; 8:45 am] projections indicate the quota of spiny BILLING CODE 6560–50–P dogfish may not be attained. Therefore, BILLING CODE 4910–60–P NMFS announces that the commercial fishery for spiny dogfish in the EEZ will reopen. Vessels issued a Federal DEPARTMENT OF TRANSPORTATION DEPARTMENT OF COMMERCE moratorium permit to harvest spiny Research and Special Programs National Oceanic and Atmospheric dogfish may possess up to 300 lb (136 Administration Administration kg) of spiny dogfish per trip per calendar day effective 0001 hours local 49 CFR Part 192 50 CFR Part 648 time, January 12, 2004, through 2359 [Docket No. RSPA–00–7666; Amendment hours local time, April 30, 2004. [Docket No. 030227050–3082–02; I.D. 192–95] 010904C] Classification RIN 2137–AD54 Fisheries of the Northeastern United This action is required by 50 CFR part Pipeline Safety: Pipeline Integrity States; Spiny Dogfish Fishery; 648 and is exempt from review under Management in High Consequence Reopening of Commercial Fishery E.O. 12866. Areas (Gas Transmission Pipelines) AGENCY: National Marine Fisheries Authority: 16 U.S.C. 1801 et seq. AGENCY: Office of Pipeline Safety (OPS), Service (NMFS), National Oceanic and Dated: January 12, 2003. Research and Special Programs Atmospheric Administration (NOAA), Bruce C. Morehead, Administration (RSPA), DOT. Commerce. Acting Director, Offfice of Sustainable ACTION: Final rule; correction. ACTION: Commercial fishery reopening. Fisheries, National Marine Fisheries Service. SUMMARY: This document corrects the SUMMARY: NMFS announces that spiny [FR Doc. 04–900 Filed 1–12–04; 2:38 pm] effective date of a final rule published dogfish commercial fishery will reopen. BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 69, No. 10

Thursday, January 15, 2004

This section of the FEDERAL REGISTER management field. The Act adds a new after December 17, 2007. It explains, contains notices to the public of the proposed chapter 37 to title 5, United States Code, however, that individuals serving on issuance of rules and regulations. The and this regulation adds a details prior to this date may continue purpose of these notices is to give interested corresponding part, part 370, to do so as long as the detail began or persons an opportunity to participate in the Information Technology Exchange was extended on or before December 17, rule making prior to the adoption of the final rules. Program, to the Code of Federal 2007. Regulations in accordance with 5 U.S.C. This section also establishes a lifetime 3707. The new part has nine sections, as limit of 6 years on the total number of OFFICE OF PERSONNEL follows: years a Federal employee may be MANAGEMENT detailed under this part. This lifetime Purpose limit makes this part consistent with the 5 CFR Part 370 This section explains the purpose of limit for assignments made under the this regulation which is to implement Intergovernmental Personnel Act RIN 3206–AK28 Section 209(b)(6) of the Act as well as Mobility Program. 5 U.S.C. chapter 37, as enacted by Information Technology Exchange Section 209(c) of the Act, in order to Written Agreements Program improve the competency of the Federal This section requires an agency to AGENCY: Office of Personnel workforce in using information enter into a written agreement before Management. technology to deliver Government any detail under this part begins. It also ACTION: Proposed rule. information and services. It also explains the criteria that a written explains that details under this subpart agreement must contain: Duties, SUMMARY: The Office of Personnel allow Federal employees to serve with duration, whether the individual will be Management (OPM) is issuing proposed private sector organizations for a limited supervised by a Federal or private sector regulations to implement provisions time period without loss of employee employee, and employee contained in the E-Government Act of rights and benefits. responsibilities after the detail ends. 2002. This law authorizes the temporary assignment of employees in the field of Definitions Terms and Conditions information technology management This section contains terms defined in This section clarifies that a Federal (IT) between the Federal Government 5 U.S.C. chapter 37. To avoid employee serving on a detail under this and private sector organizations. It also redundancy, we refer readers to the law part remains a Federal employee, and authorizes Federal agencies to accept, where appropriate. It also contains a thus, retains all rights, benefits, and on a volunteer basis, the services of non- definition of information technology considerations he or she normally Federal IT employees. management which will aid agencies in would have possessed if the detail had DATES: We will consider comments determining an individual’s eligibility not been accepted. received on or before March 15, 2004. for assignment under this part. This section explains that a Federal employee on detail to a private sector ADDRESSES: Send, deliver or fax, written Eligibility comments to Ms. Leah M. Meisel, organization may be supervised by This section explains the criteria private sector managers during the Deputy Associate Director for Talent under which individuals may be eligible and Capacity Policy, U.S. Office of detail. An individual detailed from the for detail under this part. For the private sector to a Federal agency may Personnel Management, Room 6551, convenience of the reader, we have 1900 E Street NW., Washington, DC be supervised by Federal personnel. In restated criteria contained in the Act. either case, whoever will supervise the 20415–9700; e-mail [email protected]; This section clarifies that members of fax: (202) 606–2329. detailee must be described in the the Senior Executive Service are eligible written agreement. FOR FURTHER INFORMATION CONTACT: Mr. for assignment under this part. This This section also explains that private Michael J. Mahoney at 202–606–0960 or section also clarifies that, for purposes sector employees are considered to be by e-mail at [email protected]. Mr. of this part, appointments of equivalent employees of the agency for purposes of Mahoney may also be contacted by TTY tenure in the excepted service include corruption statutes, ethics, financial at (202) 418–3134, or by fax at (202) appointments that have non-competitive disclosure, injury compensation, and 606–2329. conversion eligibility to the competitive tort claims. SUPPLEMENTARY INFORMATION: On service. These include, but are not Lastly, this section explains that December 17, 2002, the President signed limited to, Veterans’ Recruitment private sector organizations may not the E-Government Act of 2002 (Act), Appointments (VRA) and appointments charge the Federal Government for the Public Law 107–347, into law. The Act made under the Presidential pay or benefits paid by the organization authorizes the Federal Information Management Fellows program, the to an employee detailed to a Federal Technology Exchange Program, under Federal Career Intern program, and the agency under this part. For the which a Federal agency may detail an Student Career Experience program. convenience of the reader, we have exceptional employee to a private restated criteria contained in the Act. organization as well as receive a private Length of Details sector employee on detail to the agency. This section explains the time limits Assignments to Small Business It also authorizes Federal agencies to (including extensions) for details made Concerns accept services volunteered by persons under this part. It also reminds agencies This section explains that agencies in the information technology they may not begin or extend details must ensure that 20 percent of

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assignments to private organizations be List of Subjects in 5 CFR Part 370 exception of the General Accounting made to small business concerns when Office. Claims. Government employees. an agency makes five or more Detail means: Reporting and recordkeeping (1) The assignment or loan of an assignments in any year. Agencies that requirements. do not meet this requirement must employee of an agency to a private submit a report to Congress, which is in U.S. Office of Personnel Management. sector organization without a change of addition to any documentation and Kay Coles James, position from the agency that employs reports which OPM may require of Director. the individual (5 U.S.C. 3701(2)(A)), or (2) The assignment or loan of an them. This section also provides Accordingly, OPM proposes to add employee of a private sector guidance and examples for agencies to part 370 to title 5 of the Code of Federal Regulations, as follows: organization to an agency without a follow for computing 20 percent of change of position from the private assignments to private sector PART 370—INFORMATION sector organization that employs the organizations. TECHNOLOGY EXCHANGE PROGRAM individual (5 U.S.C. 3701(2)(B)). Reporting Requirements Information technology management Sec. means the planning, organizing, staffing, This section describes the Office of 370.101 Purpose. directing, integrating, or controlling of Personnel Management’s obligations for 370.102 Definitions. systems and services used in the 370.103 Eligibility. automated acquisition, storage, submitting reports to Congress 370.104 Length of details. consistent with 5 U.S.C. 3706. It also 370.105 Written agreements. manipulation, management, movement specifies the dates by which agencies 370.106 Terms and conditions. control, display, switching, interchange, must report to OPM. This section also 370.107 Assignments to small business transmission, assurance, or reception of reminds agencies of their obligation to concerns. information. Information technology report to Congress consistent with 5 370.108 Reporting requirements. includes computers, network 370.109 Agency plans. U.S.C. 3703(e)(3) and their obligation components, peripheral equipment, under 5 U.S.C. 3706(d) to provide OPM software, firmware, services, and related Authority: Pub. L. 107–347, 116 Stat. 2924 resources. with whatever information OPM may (5 U.S.C. 3701–3707). OPM means the Office of Personnel require to fulfill its own Congressional § 370.101 Purpose. Management. reporting responsibility. Small Business Concern means a (a) The purpose of this part is to business concern that satisfies the Agency Plans implement the objectives of sections definitions and standards specified by 209(b)(6) and (c) of the E–Government This section explains that the head of the Administrator of the Small Business Act of 2002 (Pub. L. 107–347) which an agency must establish an agency plan Administration (SBA), under section authorizes the Office of Personnel before using this part. An agency plan 3(a)(2) of the Small Business Act. SBA Management to establish an Information standards and definitions are codified at must include, but is not limited to, a Technology Exchange Program. This 13 CFR part 121. Agencies can find designation of the agency officials with statute authorizes the temporary more information on the SBA’s Web site authority to review and approve assignment of information technology at http://www.sba.gov/size, including a assignments; the number of candidates employees between the Federal list of the six SBA area offices that have needed to satisfy the agency’s Government and private sector size specialists who deal with Federal information technology needs; organizations. The statute also agencies on size matters daily at procedures for selecting and identifying authorizes agencies to accept, on a http://www.sba.gov/size/ agency employees for detail; expected volunteer basis, the services of private indexcontacts.html. SBA’s table of size costs and benefits of each detail; return sector information technology standards is located at http:// rights and obligations for agency employees detailed under the www.sba.gov/size/ employees selected for detail; and Information Technology Exchange indextableofsize.html. documentation and recordkeeping Program. requirements sufficient to allow (b) Under this part, agency heads, or § 370.103 Eligibility. reconstruction of each action taken their designees, may approve details as (a) To be eligible for a detail under under this part. a mechanism for improving the Federal this part, an individual must: workforce’s competency in using (1) Work in the field of information Executive Order 12866, Regulatory information technology to deliver technology management; Review Government information and services. (2) Be considered an exceptional This proposed rule has been reviewed Details under this part allow Federal performer by the individual’s current by the Office of Management and employees to serve with private sector employer; and organizations for a limited time period Budget in accordance with Executive (3) Be expected by the individual’s without loss of employee rights and Order 12866. current employer to assume increased benefits. Agencies may not make details responsibilities for the management of Regulatory Flexibility Act under this part to meet the personal information technology in the future. interests of employees, to circumvent (b) To be eligible for a detail under I certify that these regulations would personnel ceilings, or as a substitute for this part, a Federal employee, in not have a significant economic impact other, more appropriate personnel addition to meeting the requirements of on a substantial number of small entities decisions or actions. paragraph (a) of this section, must be (including small businesses, small serving at the GS–11 level or above (or organizational units, and small § 370.102 Definitions. equivalent), which includes members of governmental jurisdictions) because In this part: the Senior Executive Service, under a they would only apply to Federal Agency means an Executive agency as career or career-conditional agencies and employees. defined in 5 U.S.C. 105, with the appointment or an appointment of

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equivalent tenure in the excepted (iv) Pay increases the employee (b) Agencies must round up to the service. For purposes of this part otherwise would have received had he nearest whole number when calculating appointments of equivalent tenure in or she not been detailed; the percentage of assignments to small the excepted service include, but are not (2) Remains covered for purposes of business concerns needed to meet the limited to, Veterans’ Recruitment the Federal Tort Claims Act, and for requirements of this section. For Appointments and appointments made purposes of injury compensation as example, an agency assigned 11 under the Presidential Management described in 5 U.S.C. chapter 81; and individuals to private sector Intern program, the Federal Career (3) Is subject to any action that may organizations during a given year. To Intern program, and the Student Career impact the employee’s position while he meet the 20 percent requirement, the Experience program. or she is detailed. agency must have made at least three (b) An individual detailed from a (rounded up from 2.2) of these § 370.104 Length of details. private sector organization under this assignments to small business concerns. (a) Assignments under this part may part: As another example, an agency assigned be for a period of between 3 months and (1) Is deemed to be an employee of the 19 individuals to private sector one year, and may be extended in 3- agency for purposes of: organizations during a given year. To month increments for a total of not more (i) 5 U.S.C. chapter 73; meet the 20 percent requirement, the (ii) 18 U.S.C. 201, 203, 205, 207, 208, than 1 additional year, in accordance agency must have made at least four 209, 603, 606, 607, 643, 654, 1905, and with 5 U.S.C. 3702(d). (rounded up from 3.8) of these 1913; (b) Agencies may not approve or (iii) 31 U.S.C. 1343, 1344, and assignments to small business concerns. extend details after December 17, 2007. 1349(b); (c) For purposes of this section, An individual serving on a detail prior (iv) The Federal Tort Claims Act and assignments made in a year are those to this date may continue to do so as any other Federal tort liability statute; commencing in that year, in accordance long as the detail began or was extended (v) The Ethics in Government Act of with 5 U.S.C. 3703(e)(2)(C). on or before December 17, 2007. 1978; (d) Agencies which do not meet the (c) A Federal agency may not send on (vi) Section 1043 of the Internal requirements of this section are subject assignment an employee who has served Revenue Code of 1986; to the reporting requirements in 5 U.S.C. on a detail under this part for more than (vii) Section 27 of the Office of 3703(e)(3). 6 years during his or her Federal career. Federal Procurement Policy Act; and (e) An agency in any year which OPM may waive this provision upon the (2) Does not have any right or makes fewer than five assignments to request of the agency head, or his or her expectation for Federal employment private sector organizations is not designee. solely on the basis of his or her detail; subject to this section. (3) May not have access to any trade § 370.105 Written agreements. secrets or to any other nonpublic § 370.108 Reporting requirements. Before the detail begins, an agency information which is of commercial (a) OPM must prepare and submit to must enter into a written agreement value to the private sector organization Congress semiannual reports in with any individual detailed under this from which he or she is assigned; accordance with 5 U.S.C. 3706. part. The written agreement must (4) Is subject to such regulations as (b) Federal agencies using this part specify: the President may prescribe; and must prepare and submit to OPM (a) The terms and conditions of the (5) Shall be covered by 5 U.S.C. semiannual reports in accordance with detail (e.g., duties, duration, including chapter 81 as provided in 5 U.S.C. 5 U.S.C. 3706, including such other the terms on which extensions may be 3704(c). information as OPM considers (c) Individuals detailed under this granted, if applicable); appropriate, in accordance with 5 U.S.C. part may be supervised by either (b) Whether the individual will be 3706(b)(3) and (d). These reports are due Federal or private sector managers. For supervised by a Federal or private sector to OPM no later than April 7 and example, a Federal employee on detail employee; October 7 of each year for the to a private sector organization may be (c) The requirement for Federal immediately preceding 6-month period supervised by a private sector manager. employees to remain in the civil service ending March 31 and September 30, Likewise, a private sector employee on upon completion of the assignment, for respectively. detail to a Federal agency may be a period equal to the length of the (c) Federal agencies which do not supervised by a Federal employee. The assignment including any extension; meet the requirements of § 370.107 must supervision of the duties of an and prepare and submit annual reports to individual detailed under this part must (d) The obligations and Congress in accordance with 5 U.S.C. responsibilities of all parties as be described in the written agreement. (d) As provided in 5 U.S.C. 3704(d), 3703(e)(3), as appropriate. described in 5 U.S.C. 3702 through a private sector organization may not 3704. § 370.109 Agency plans. charge the Federal Government for the Before detailing agency employees or costs of pay or benefits paid by the § 370.106 Terms and conditions. receiving private sector employees organization to an employee assigned to (a) A Federal employee detailed under under this part, an agency must an agency under this part. this part: establish an Information Technology (1) Remains a Federal employee § 370.107 Assignments to small business Exchange Program plan. The plan must without loss of employee rights and concerns. include, but is not limited to, the benefits attached to that status. These (a) The head of each agency shall take following elements: include, but are not limited to: such actions as may be necessary to (a) A designation of the agency (i) Consideration for promotion; ensure that, of the assignments made to officials with authority to review and (ii) Leave accrual; private sector organizations in each approve assignments; (iii) Continuation of retirement year, at least 20 percent are to small (b) The number of candidates needed benefits and health, life, and long-term business concerns, in accordance with 5 to satisfy the agency’s information care insurance benefits; and U.S.C. 3703(e)(1). technology needs;

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(c) Procedures for selecting and holidays. The Docket office (telephone request to the Federal Aviation identifying exceptional agency 1–800–647–5527) is on the plaza level Administration, Office of Air Traffic employees for detail; of the Department of Transportation Airspace Management, ATA–400, 800 (d) Return rights and obligations for NASSIF Building at the above address. Independence Avenue, SW., agency employees selected for detail; An informal docket may also be Washington, DC 20591, or by calling and examined during normal business hours (202) 267–8783. Communications must (e) Documentation and recordkeeping at the office of the Regional Air Traffic identify both docket numbers for this requirements sufficient to allow Division, Federal Aviation notice. Persons interested in being reconstruction of each action taken Administration, Room 550, 1701 placed on a mailing list for future under this part. Columbia Avenue, College Park, Georgia NPRM’s should contact the FAA’s [FR Doc. 04–862 Filed 1–14–04; 8:45 am] 30337. Office of Rulemaking, (202) 267–9677, BILLING CODE 6325–38–P FOR FURTHER INFORMATION CONTACT: to request a copy of Advisory Circular Walter R. Cochran, Manager, Airspace No. 11–2A, Notice of Proposed Branch, Air Traffic Division, Federal Rulemaking Distribution System, which DEPARTMENT OF TRANSPORTATION Aviation Administration, P.O. Box describes the application procedure. 20636, Atlanta, Georgia 30320; The Proposal Federal Aviation Administration telephone (404) 305–5627. The FAA is considering an SUPPLEMENTARY INFORMATION: 14 CFR Part 71 amendment to part 71 of the Federal Comments Invited Aviation Regulations (14 CFR part 71) to [Docket No. FAA–2003–16596; Airspace amend Class D, E2 and E4 airspace at Docket No. 03–ASO–20] Interested parties are invited to Columbus Lawson AAF, GA, and Class participate in this proposed rulemaking E5 airspace at Columbus, GA. Class D Proposed Amendment of Class D, E2, by submitting such written data, views airspace designations for airspace areas and E4 Airspace; Columbus Lawson or arguments as they may desire. extending upward from the surface of AAF, GA, and Class E5 Airspace; Comments that provide the factual basis the earth and Class E airspace Columbus, GA supporting the views and suggestions designations for airspace designated as presented are particularly helpful in AGENCY: Federal Aviation surface areas and airspace areas developing reasoned regulatory extending upward from 700 feet or more Administration (FAA), DOT. decisions on the proposal. Comments ACTION: Notice of proposed rulemaking. above the surface of the earth are are specifically invited on the overall published in Paragraphs 5000, 6002, regulatory, aeronautical, economic, SUMMARY: This notice proposes to 6004 and 6005 respectively, of FAA environmental, and energy-related amend Class D, E2 and E4 airspace at Order 7400.9L, dated September 2, aspects of the proposal. Columbus Lawson AAF, GA, and Class 2003, and effective September 16, 2003, Communications should identify both E5 airspace at Columbus, GA. As a which is incorporated by reference in 14 docket numbers and be submitted in result of the relocation of the Lawson CFR 71.1. The Class D and E airspace triplicate to the address listed above. AAF Instrument Landing System (ILS) designations listed in this document Commenters wishing the FAA to and the extension of Runway (RWY) 15– would be published subsequently in the acknowledge receipt of their comments 33, it has been determined a Order. on this notice must submit with those modification should be made to the The FAA has determined that this comments a self-addressed, stamped Columbus Lawson AAF, GA, Class D, E2 proposed regulation only involves an postcard on which the following and E4 airspace, and to the Columbus, established body of technical statement is made: ‘‘Comments to GA, Class E5 airspace areas to contain regulations for which frequent and Docket No. FAA–2003–16596/Airspace the ILS RWY 33, Standard Instrument routine amendments are necessary to Docket No. 03–ASO–20.’’ The postcard Approach Procedure (SIAP) to the keep them operationally current. It, will be date/time stamped and returned Lawson AAF Airport. Additional therefore, (1) is not a ‘‘significant to the commenter. All communications surface area airspace and controlled regulatory action’’ under Executive received before the specified closing airspace extending upward from 700 Order 12866; (2) is not a ‘‘significant date for comments will be considered feet Above Ground Level (AGL) is rule’’ under DOT Regulatory Policies before taking action on the proposed needed to contain the SIAP. and Procedures (44 FR 11034; February rule. The proposal contained in this 26, 1979); and (3) does not warrant DATES: Comments must be received on notice may be changed in light of the or before February 17, 2004. preparation of a Regulatory Evaluation comments received. A report as the anticipated impact is so minimal. ADDRESSES: Send comments on this summarizing each substantive public Since this is a routine matter that will proposal to the Docket Management contact with FAA personnel concerned only affect air traffic procedures and air System, U.S. Department of with this rulemaking will be filed in the navigation, it is certified that this rule, Transportation, Room Plaza 401, 400 docket. when promulgated, will not have a Seventh Street, SW., Washington, DC Availability of NPRMs significant economic impact on a 20590–0001. You must identify the substantial number of small entities docket number FAA–2003–16596/ An electronic copy of this document under the criteria of the Regulatory Airspace Docket No. 03–ASO–20, at the may be downloaded through the Flexibility Act. beginning of your comments. You may Internet at http://dms.dot.gov. Recently also submit comments on the Internet at published rulemaking documents can List of Subjects in 14 CFR Part 71 http://dms.dot.gov. You may review the also be accessed through the FAA’s web Airspace, Incorporation by reference, public docket containing the proposal, page at http://www.faa.gov or the Navigation (Air). any comments received, and any final Superintendent of Document’s web page disposition in person in the Dockets at http:www.access.gpo.gov/nara. The Proposed Amendment Office between 9 a.m. and 5 p.m., Additionally, any person may obtain a In consideration of the foregoing, the Monday through Friday, except Federal copy of this notice by submitting a Federal Aviation Administration

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proposes to amend 14 CFR part 71 as (Lat. 32°19′57″ N, long. 84°59′36″ W) Positioning System (GPS) Runway 33, follows: Lawson NDB Standard Instrument Approach ° ′ ″ ° ′ ″ (Lat. 32 17 36 N, long. 85 01 24 W) Procedure (SIAP) to Franklin Wilkins PART 71—DESIGNATION OF CLASS A, That airspace extending upward from the Airport. Additional controlled airspace CLASS B, CLASS C, CLASS D, AND surface within 1.2 miles each side of the ° extending upward from 700 feet Above CLASS E AIRSPACE AREAS; Lawson VOR/DME 214 radial extending Ground Level (AGL) is needed to from the 4.2-mile radius of Lawson AAF to AIRWAYS; ROUTES; AND REPORTING contain the SIAP. POINTS 6 miles southwest of the NDB. This Class E airspace area is effective during the specific DATES: Comments must be received on 1. The authority citation for part 71 days and times established in advance by a or before February 17, 2004. continues to read as follows: Notice to Airmen. The effective date and time ADDRESSES: Send comments on this will thereafter be continuously published in proposal to the Docket Management Authority: 49 U.S.C. 106(g) 40103, 40113, the Airport/Facility Directory. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– System, U.S. Department of 1963 Comp., p. 389. * * * * * Transportation, Room Plaza 401, 400 Paragraph 6005 Class E Airspace Areas Seventh Street, SW., Washington, DC § 71.1 [Amended] Extending Upward from 700 feet or More 20590–0001. You must identify the 2. The incorporation by reference in Above the Surface of the Earth docket number FAA–2003–16622/ 14 CFR 71.1 of Federal Aviation * * * * * Airspace Docket No. 03–ASO–21, at the Administration Order 7400.9L, Airspace beginning of your comments. You may Designations and Reporting Points, ASO GA E5 Columbus, GA [Revised] also submit comments on the Internet at dated September 2, 2003, and effective Columbus Metropolitan Airport, GA http://dms.dot.gov. You may review the ° ′ ″ ° ′ ″ September 16, 2003, is amended as (Lat. 32 30 59 N, long. 84 56 20 W) public docket containing the proposal, follows: Lawson AAF, GA any comments received, and any final (Lat. 32°20′14″ N, long. 84°59′29″ W) disposition in person in the Dockets Paragraph 5000 Class D Airspace Lawson VOR/DME (Lat. 32°19′57″ N, long. 84°59′36″ W) Office between 9 a.m. and 5 p.m., * * * * * Lawson LOC Monday through Friday, except Federal ° ′ ″ ° ′ ″ ASO GA D Columbus Lawson AAF, GA (Lat. 32 20 43 N, long. 84 59 55 W) holidays. The Docket office (telephone [Revised] That airspace extending upward from 700 1–800–647–5527) is on the plaza level of the Department of Transportation Columbus Lawson AAF, GA feet above the surface within a 10-mile radius (Lat. 32°20′14″ N, long. 84°59′29″ W) of Columbus Metropolitan Airport and NASSIF Building at the above address. within a 7.6-mile radius of Lawson AAF and An informal docket may also be That airspace extending upward from the within 2.5 miles each side of Lawson VOR/ examined during normal business hours surface to and including 2,700 feet MSL DME 340° radial, extending from the 7.6-mile at the office of the Regional Air Traffic within a 4.2-mile radius of Lawson AAF, radius to 15 miles north of the VOR/DME and excluding that airspace within the Columbus Division, Federal Aviation within 4 miles each side of the Lawson LOC Administration, Room 550, 1701 Metropolitan Airport, GA, Class C airspace 127° course, extending from the 7.6-mile area. This Class D airspace area is effective radius to 10.6 miles southeast of Lawson Columbia Avenue, College Park, Georgia during the specific days and times AAF. 30337. established in advance by a Notice to * * * * * FOR FURTHER INFORMATION CONTACT: Airmen. The effective date and time will Walter R. Cochran, Manager, Airspace thereafter be continuously published in the Issued in College Park, Georgia on January Airport/Facility Directory. Branch, Air Traffic Division, Federal 7, 2004. Aviation Administration, P.O. Box * * * * * Jeffrey U. Vincent, 20636, Atlanta, Georgia 30320; Paragraph 6002 Class E Airspace Acting Manager, Air Traffic Division, telephone (404) 305–5586. Southern Region. Designated as Surface Areas SUPPLEMENTARY INFORMATION: * * * * * [FR Doc. 04–920 Filed 1–14–04; 8:45 am] BILLING CODE 4910–13–M Comments Invited ADO GA E2 Columbus Lawson AAR, GA Interested parties are invited to [Revised] participate in this proposed rulemaking Columbus Lawson AAF, FA DEPARTMENT OF TRANSPORTATION ° ′ ″ ° ′ ″ by submitting such written data, views (Lat. 32 20 14 N, long. 84 59 29 W) or arguments as they may desire. Federal Aviation Administration Within a 4.2-mile radius of Lawson AAF; Comments that provide the factual basis excluding that airspace within the Columbus supporting the views and suggestions Metropolitan Airport, GA, Class C airspace 14 CFR Part 71 area. This Class E airspace area is effective presented are particularly helpful in during the specific days and times [Docket No. FAA–2003–16622; Airspace developing reasoned regulatory established in advance by a Notice to Docket No. 03–ASO–21] decisions on the proposal. Comments Airmen. The effective date and time will are specifically invited on the overall thereafter be continuously published in the Proposed Amendment of Class E regulatory, aeronautical, economic, Airport/Facility Director. Airspace; Lexington, TN environmental, and energy-related * * * * * AGENCY: Federal Aviation aspects of the proposal. Communications should identify both Paragraph 6004 Class E Airspace Areas Administration (FAA), DOT. Designated as an Extension to a Class D or ACTION: Notice of proposed rulemaking. docket numbers and be submitted in Class E Surface Area triplicate to the address listed above. SUMMARY: This notice proposes to Commenters wishing the FAA to * * * * * amend Class E5 airspace at Lexington, acknowledge receipt of their comments ASO GA E4 Columbus Lawson AAF, GA TN. As a result of an evaluation, it has on this notice must submit with those [Revised] been determined a modification should comments a self-addressed, stamped Lawson AAF, GA be made to the Lexington, TN, Class E5 postcard on which the following (Lat. 32°20′14″ N, long. 84°59′29″ W) airspace area to contain the VHF statement is made: ‘‘Comments to Lawson VOR/DME Omnidirectional Range (VOR) or Global Docket No. FAA–2003–16622/Airspace

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Docket No. 03–ASO–21.’’ The postcard preparation of a Regulatory Evaluation DEPARTMENT OF HEALTH AND will be date/time stamped and returned as the anticipated impact is so minimal. HUMAN SERVICES to the commenter. All communications Since this is a routine matter that will received before the specified closing only affect air traffic procedures and air Food and Drug Administration date for comments will be considered navigation, it is certified that this rule, before taking action on the proposed when promulgated, will not have a 21 CFR Part 184 rule. The proposal contained in this significant economic impact on a [Docket No. 1999P–5332] notice may be changed in light of the substantial number of small entities comments received. A report under the criteria of the Regulatory Substances Affirmed as Generally summarizing each substantive public Flexibility Act. Recognized as Safe: Menhaden Oil contact with FAA personnel concerned with this rulemaking will be filed in the List of Subjects in 14 CFR Part 71. AGENCY: Food and Drug Administration, docket. HHS. Airspace, Incorporation by reference, ACTION: Tentative final rule. Availability of NPRMs Navigation (Air). An electronic copy of this document The Proposed Amendment SUMMARY: The Food and Drug may be downloaded through the Administration (FDA) is issuing a Internet at http://www.dms.dot.gov. In consideration of the foregoing, the tentative final rule to amend its Recently published rulemaking Federal Aviation Administration regulations by reallocating the uses of documents can also be accessed through proposes to amend 14 CFR part 71 as menhaden oil in food that currently are the FAA’s web page at http:// follows: established in § 184.1472 (21 CFR www.faa.gov or the Superintendent of 184.1472). FDA has tentatively Document’s web page at http:// PART 71—DESIGNATION OF CLASS A, concluded that these uses of menhaden www.access.gpo.gov/nara. Additionally, CLASS B, CLASS C, CLASS D, AND oil are generally recognized as safe any person may obtain a copy of this CLASS E AIRSPACE AREAS; (GRAS), but only when the menhaden notice by submitting a request to the AIRWAYS; ROUTES; AND REPORTING oil is not used in combination with Federal Aviation Administration, Office POINTS other added oils that are significant of Air Traffic Airspace Management, sources of eicosapentaenoic acid (EPA) ATA–400, 800 Independence Avenue, 1. The authority citation for part 71 and docosahexaenoic acid (DHA). SW., Washington, DC 20591, or by continues to read as follows: Because FDA’s proposed rule of calling (202) 267–8783. Authority: 49 U.S.C. 106(g); 40103, 40113, February 26, 2002, did not include a Communications must identify both 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– condition of use for other added oils, docket numbers for this notice. Persons 1963 Comp., p. 389. FDA is issuing this tentative final rule interested in being placed on a mailing to give interested persons an list for future NPRM’s should contact § 71.1 [Amended] opportunity to comment on this use the FAA’s Office of Rulemaking, (202) limitation. 2. The incorporation by reference in 267–9677, to request a copy of Advisory 14 CFR 71.1 of Federal Aviation DATES: Submit written or electronic Circular No. 11–2A, Notice of Proposed Administration Order 7400.9L, Airspace comments by March 30, 2004. Rulemaking Distribution System, which Designations and Reporting Points, ADDRESSES: Submit written comments describes the application procedure. dated September 2, 2003, and effective to the Division of Dockets Management The Proposal September 16, 2003, is amended as (HFA–305), Food and Drug The FAA is considering an follows: Paragraph 6005 Class E Administration, 5630 Fishers Lane, rm. amendment to part 71 of the Federal Airspace Areas Extending Upward from 1061, Rockville, MD 20852. Submit Aviation Regulations (14 CFR part 71) to 700 feet or More Above the Surface of electronic comments to http:// amend Class E5 airspace at Lexington, the Earth. www.fda.gov/dockets/ecomments. TN. Class E airspace designations for * * * * * FOR FURTHER INFORMATION CONTACT: airspace areas extending upward from Andrew J. Zajac, Center for Food Safety ASO TN E5 Lexington, TN [Revised] 700 feet or more above the surface of the and Applied Nutrition (HFS–265), Food earth are published in Paragraph 6005 of Lexington, Franklin Wilkins Airport, TN and Drug Administration, 5100 Paint ° ′ ″ ° ′ ″ FAA Order 7400.9L, dated September 2, (Lat. 35 39 05 N, long. 88 22 44 W) Branch Pkwy., College Park, MD 20740– 2003, and effective September 16, 2003, Jacks Creek VORTAC 3835, 202–418–3095. ° ′ ″ ° ′ ″ which is incorporated by reference in 14 (Lat. 35 35 56 N, long. 88 21 32 W) SUPPLEMENTARY INFORMATION: CFR 71.1. The Class E airspace That airspace extending upward from 700 designations listed in this document feet above the surface within a 6.6-mile I. Background would be published subsequently in the radius of Franklin Wilkins Airport, and Menhaden oil is a refined marine oil Order. within 8 miles east and 4 miles west of the that is derived from menhaden fish The FAA has determined that this Jacks Creek VORTAC 166° radial extending (Brevoortia species). Menhaden oil proposed regulation only involves an from the 6.6-mile radius to 16 miles differs from edible vegetable oils and established body of technical southeast of the VORTAC. animal fats in its high proportion of regulations for which frequent and * * * * * polyunsaturated fatty acids, including routine amendments are necessary to omega-3 fatty acids. EPA and DHA are Issued in College Park, Georgia on January keep them operationally current. It, the major source of omega-3 fatty acids 7, 2004. therefore, (1) is not a ‘‘significant from fish oil and together comprise regulatory action’’ under Executive Jeffrey U. Vincent, approximately 20 percent by weight of Order 12866; (2) is not a ‘‘significant Acting Manager, Air Traffic Division, menhaden oil. In response to a petition rule’’ under DOT Regulatory Policies Southern Region. (GRASP 6G0316) from the National Fish and Procedures (44 FR 11034; February [FR Doc. 04–919 Filed 1–14–04; 8:45 am] Meal and Oil Association, FDA issued a 26, 1979); and (3) does not warrant BILLING CODE 4910–13–M final rule on June 5, 1997 (62 FR 30751)

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(the June 1997 final rule), affirming g/p/d EPA plus DHA for 6 weeks and in some of the currently listed food menhaden oil as GRAS for use as a 2.7 g/p/d EPA plus DHA for 8 weeks categories; (2) adding additional food direct human food ingredient with found only transient increases in blood categories along with assigning limitations on the maximum use levels glucose halfway through their respective maximum levels of use in these new of menhaden oil in specific food supplementation periods. Another study categories; and (3) eliminating the categories. FDA concluded that these that used 3.0 g/p/d EPA plus DHA for listing of subcategories, e.g., cookies and limitations are necessary to ensure that 3 weeks found comparable increases in crackers, breads and rolls, fruit pies and daily intakes of EPA and DHA from fasting blood glucose when either fish custard pies, and cakes, and including menhaden oil do not exceed 3.0 grams oil or safflower oil was fed, so the them under broader food categories, e.g., per person per day (g/p/d). As discussed increase cannot be attributed baked goods and baking mixes. in the following paragraphs, the specifically to omega-3 fatty acids. A The purpose of the maximum use maximum limit of 3.0 g/p/d on the total study that compared the effects of fish levels of menhaden oil in the food daily intake of EPA and DHA is a oil and olive oil fed 3.0 g/p/d of EPA categories is to ensure that the total safeguard against the possible effects of plus DHA did not find a difference in daily intake of EPA and DHA does not these fatty acids on increased bleeding fasting glucose or glycosylated exceed 3.0 g/p/d (67 FR 8744 to 8745). time (the time taken for bleeding from hemoglobin after fish oil When the June 1997 final rule published a standardized skin wound to cease), supplementation compared to baseline; affirming that menhaden oil is GRAS for glycemic control in non-insulin- they did find a significant difference use as a direct human food ingredient dependent diabetics, and increased compared to the olive oil treatment, with specific limitations, FDA levels of low-density lipoprotein (LDL) which produced changes in the opposite considered food sources of EPA and cholesterol. The concerns over possible direction from fish oil. Based on its DHA likely to be in the diet at that time, adverse effects of fish oil consumption evaluation of the available information, but the agency did not take into account on bleeding time, glycemic control, and FDA concluded in the June 1997 final that other sources of EPA and DHA LDL cholesterol were discussed in the rule that consumption of EPA and DHA might be developed in the future. The June 1997 final rule. in fish oils at 3.0 g/p/d by diabetics has implicit basis for the restrictions in the As part of FDA’s evaluation of GRASP no clinically significant effect on menhaden oil regulation was that while 6G0316, FDA examined the scientific glycemic control, although higher menhaden oil might be blended with literature for evidence that consumption amounts of EPA and DHA (4.5 g/p/d other oils to make a particular food of fish oils may contribute to excessive and above) remain of concern. product, the sum of DHA and EPA bleeding. In the June 1997 final rule, The June 1997 final rule also would not exceed 3.0 g/p/d because FDA concluded based on this considered the reported effects of fish other oils were not significant sources of examination of the scientific literature, oil on LDL cholesterol levels in healthy DHA and EPA. However, since including more than 50 reports on fish persons with normal cholesterol levels, publication of the proposed rule, FDA oils with data on bleeding time, that as well as in persons with diabetes has received notices from three when consumption of fish oils is limited mellitus, hypertension, abnormal blood companies that have concluded that fish to 3.0 g/p/d or less of EPA and DHA, lipid levels, and cardiovascular disease oils, other than menhaden oil, are GRAS there is no significant risk for increased (62 FR 30751 at 30753 to 30754). As a for use in the same food categories as bleeding time beyond the normal range result of its evaluation, FDA found that those currently listed in § 184.1472(a)(3) (62 FR 30751 at 30752 to 30753). FDA although reported study reports are at maximum use levels that are designed also concluded that amounts of fish oils variable, there appears to be a trend to assure that the combined daily intake providing more than 3.0 g/p/d of EPA toward increased LDL cholesterol values of EPA and DHA would not exceed 3.0 and DHA have generally been found to with increased fish oil consumption in g/p/d. These oils included small produce increases in bleeding time that all population subgroups, with the planktivorous pelagic fish body oil (oil are statistically significant, but that magnitude of the increase appearing derived primarily from sardine and there are insufficient data to evaluate greater and more consistent in anchovy fish) (Ref. 1), a fish oil the clinical significance of this finding. populations with abnormal blood lipid concentrate (manufactured from oil Therefore, because of the lack of data on levels, hypertension, diabetes, and extracted from edible marine fish clinical significance and because of the cardiovascular disease. Based on its species that normally include anchovy, potential risk of excessive bleeding in evaluation, FDA concluded that 3.0 g/p/ sardine, jack mackerel, and mackerel) some individuals with intakes at higher d of EPA and DHA is a safe level with (Ref. 2), and tuna oil (Ref. 3). In each levels, FDA concluded that the safety of respect to LDL cholesterol. case, the company acknowledged the menhaden oil was generally recognized In the Federal Register of February concerns raised by FDA in the June only at levels that limit intake of EPA 26, 2002 (67 FR 8744), FDA published 1997 final rule and the proposed rule, and DHA to 3.0 g/p/d. a proposed rule to amend § 184.1472 by about consumption of high levels of FDA also concluded in the June 1997 reallocating the uses of menhaden oil in EPA and DHA. Furthermore, in each final rule that 3.0 g/p/d of EPA and food, while maintaining the total daily case the company stated that its DHA is a safe level with respect to intake of EPA and DHA from menhaden determination of GRAS status related glycemic control (62 FR 30751 at oil at a level not exceeding 3.0 g/p/d. only to the circumstance where its fish 30753). This conclusion was based on The proposal was based on a citizen oil product is used as the sole added FDA’s review of a series of studies on petition from the National Fish Meal source of EPA and DHA in any given non-insulin-dependent diabetics. and Oil Association. The maximum food category and is not combined or Studies on type-II diabetics that limit of 3.0 g/p/d on the total daily augmented with any other EPA/DHA- reported increased glucose used higher intake of EPA and DHA is a safeguard rich oil. amounts (4.5 to 8 g/p/d) of omega-3 fatty against the possible adverse effects Because of developing interest in food acids. One study found no change in discussed in the June 1997 final rule ingredients that are sources of EPA and fasting blood glucose levels among type- and the February 2002 proposed rule. DHA, FDA now believes that it is II (non-insulin-dependent) diabetics The reallocation is performed by the necessary to state explicitly in the treated with 3.0 g/p/d EPA plus DHA for following three actions: (1) Reducing the regulation that when menhaden oil is 2 weeks. Two other studies that used 3.0 maximum levels of use of menhaden oil added as an ingredient in foods, it may

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not be used in combination with any menhaden oil, such as ‘‘omega-3 fatty comment cited supporting data or other added oil that is a significant acids,’’ is outside the scope of the information. source of EPA and DHA. Without this proposed rule. To ensure that the maximum FDA also received comments from restriction, the intake of DHA and EPA sustainable yield of menhaden is not could exceed 3.0 g/p/d. Because this use consumers asking the agency to exceeded and to provide long-term restriction was not contained in the consider the use of omega-3 fatty acids production, the menhaden fisheries are proposed rule, FDA is issuing this from sources other than menhaden fish, regulation as a tentative final rule under such as flax seed. FDA notes that monitored by the Atlantic and Gulf 21 CFR 10.40(f)(6). FDA will review any although menhaden oil does contain States Marine Fisheries Commissions comments that are relevant to this omega-3 fatty acids (primarily EPA and (which are under the jurisdiction of the condition of use and that are received DHA), omega-3 fatty acids are not the National Marine Fisheries Service within the 75-day comment period and subject of the proposed rule. Therefore, (NMFS)), as well as by State authorities. will respond accordingly to these the use of other oils is outside the scope If there is a threat to the long-term yield comments in the Federal Register. of the proposed rule. of a fishery, generally, limits will be FDA is also making an editorial A few comments stated that the imposed by these organizations. At update to § 184.1472(a)(2)(iii) to reflect menhaden fish is unsuitable for human present, the Atlantic and Gulf that the name for the Office of consumption and, therefore, oil from menhaden fisheries are considered to be Premarket Approval has been changed this fish should not be used as a food healthy and not overfished. With regard to the Office of Food Additive Safety. ingredient. As stated in the proposed to the impact that the proposed rule will rule, menhaden oil is already affirmed II. Comments on the Proposed Rule have on mackerel and sardines, the as generally recognized as safe as a United Nation’s Foreign Agricultural The agency provided 75 days for direct human food ingredient Organization reports that the primary comments on the proposed rule. At the (§ 184.1472). FDA has not received any practice used to catch menhaden has close of the comment period, the agency new information or comments that one of the lowest discard ratios of any had received two comments that would alter its previous determination expressed concern regarding the that menhaden oil that meets the method for general commercial fishing. environmental impact of the proposed specifications in § 184.1472 is generally (Less than 3 percent by weight of the rule. These two comments are addressed recognized as safe for use in food under total menhaden catch are other species separately in section III of this the conditions specified. of fish.) In addition, NMFS reports a document. The agency also received Some of the comments FDA received numerical bycatch incidence (i.e., fish comments that were submitted from a expressing opposition to the proposed that are unintentionally caught) of less fish oil company and a trade association rule were against the addition of than 0.1 percent for the menhaden that represents the fish oil industry that menhaden oil to foods because of a fishing industry. For these reasons, the merely expressed general support for concern about the possibility of high agency does not believe that the the agency’s proposed rule. The other levels of contaminants in the menhaden proposed rule would result in comments were from individual oil due to bioaccumulation of these overfishing of menhaden or have a consumers who were opposed to the contaminants in the menhaden fish. significant impact on other species of proposed rule. Bioaccumulation describes the process fish. In summary, the comments do not Most of the comments FDA received that results in an increase in the provide a basis on which to change the expressing opposition to the proposed concentration of a chemical in a conclusions of the environmental rule objected to declaring menhaden oil biological organism over time, analysis that was prepared for the on food labels by the name ‘‘omega-3 compared to the chemical’s proposed rule, as discussed in the fatty acids’’ or a variation of this name. concentration in the environment. FDA following paragraph. Many of these comments asserted that has evaluated data on levels of various ‘‘omega-3 fatty acids’’ is a misleading chemical contaminants, such as The agency has previously considered name for menhaden oil. Some pesticides, polychlorinated biphenyls the environmental effects of affirming comments were from vegetarians and and dioxins in menhaden oil. Based on menhaden oil as GRAS as a direct vegans who stated that listing these data, FDA finds no basis for a human food ingredient, provided that menhaden oil by the name ‘‘omega-3 safety concern from food uses of the combined daily intake of EPA and fatty acids’’ will make it difficult for menhaden oil due to possible DHA from menhaden oil does not them to avoid this animal product in bioaccumulation of lipophilic chemical exceed 3.0 g/p/d (62 FR 30751 at foods. There were also comments that contaminants in the source fish. 30754). The analysis assumed that the stated that listing menhaden oil by the III. Environmental Impact maximum use levels would be name ‘‘omega-3 fatty acids’’ will make it completely used for each food category difficult for those with fish allergies to The agency received two comments and concluded that this action will not avoid this fish oil in foods. expressing concern about the impact have a significant impact on the The proposed rule did not address that the proposed rule will have on the menhaden population. This rule will how menhaden oil is to be listed as an menhaden fish population. One reallocate the maximum levels among ingredient on food labels. Generally, comment asked whether this action will under section 403(i)(2) of the Federal result in the ‘‘near extinction’’ of food categories but will not increase the Food, Drug, and Cosmetic Act (21 U.S.C. menhaden, mackerel, and sardines, and total maximum allowable level. 343(i)(2)), a food is misbranded unless further asked how near extinction, if it Therefore, our previous analysis is its label bears the common or usual results, would effect ocean ecosystems. applicable. No new information or name of each ingredient. Although The other comment asserted that comments have been received that menhaden oil is a significant source of menhaden are being overfished to would affect the agency’s previous omega-3 fatty acids, FDA knows of no extinction, and that because of their determination that there is no basis for considering omega-3 fatty acids population decline, larger game fish significant impact on the human to be its common or usual name. Any populations off the Atlantic coast are environment, and that an environmental consideration of an alternative name for dropping proportionately. Neither impact statement is not required.

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IV. Analysis of Economic Impacts small business. Small businesses would the heading of this document. Received only bear a compliance cost if, as stated comments may be seen in the Division A. Final Regulatory Impact Analysis previously, they make products that are of Dockets Management between 9 a.m. FDA has examined the economic below the current maximum but above and 4 p.m., Monday through Friday. implications of this tentative final rule the new maximum. as required by Executive Order 12866. The agency specifically requested VIII. References Executive Order 12866 directs agencies comments from small businesses on its The following references have been to assess all costs and benefits of assumption that no small businesses placed on display in the Division of available regulatory alternatives and, make products that will be affected by Dockets Management (see ADDRESSES) when regulation is necessary, to select reducing the maximum levels of and may be seen by interested persons regulatory approaches that maximize menhaden oil in pies, cakes, fats, oils, between 9 a.m. and 4 p.m., Monday net benefits (including potential fish products, and meat products. We through Friday. economic, environmental, public health received no comments on that 1. GRAS notice GRN 000102, including the and safety, and other advantages; assumption or any other part of the response letter to GRN 000102 dated distributive impacts; and equity). initial regulatory flexibility analysis. September 3, 2002, from Alan M. Rulis of Executive Order 12866 classifies a rule FDA to Edward Iorio of Jedwards C. Unfunded Mandates International, available at http:// as significant if it meets any one of a ~ number of specified conditions, www.cfsan.fda.gov/ rdb/opa-gras.html. Title II of the Unfunded Mandates 2. GRAS notice GRN 000105, including the including: having an annual effect on Reform Act of 1995 (Public Law 104–4) response letter to GRN 000105 dated October the economy of $100 million, adversely requires cost-benefit and other analyses 15, 2002, from Alan M. Rulis of FDA to affecting a sector of the economy in a before any rulemaking if the rule would Nancy L. Schnell of Unilever United States, material way, adversely affecting include a ‘‘Federal mandate that may Inc., available at http://www.cfsan.fda.gov/ competition, or adversely affecting jobs. result in the expenditure by State, local, ~rdb/opa-gras.html. A regulation is also considered a and tribal governments, in the aggregate, 3. GRAS notice GRN 000109, including the significant regulatory action if it raises or by the private sector, of $100,000,000 response letter to GRN 000109 dated novel legal or policy issues. FDA has or more (adjusted annually for inflation) December 4, 2002, from Alan M. Rulis of FDA to Anthony Young of Piper Rudnick, determined that this tentative final rule in any 1 year.’’ The current inflation- is not a significant regulatory action as LLP, available at http://www.cfsan.fda.gov/ adjusted statutory threshold is $112 ~rdb/opa-gras.html. defined by Executive Order 12866. million. FDA has determined that this In the economic analysis of the tentative final rule does not constitute a List of Subjects in 21 CFR Part 184 proposed rule, we stated that the main significant rule under the Unfunded Food additives. benefit of this rule would be the Mandates Reform Act. Therefore, under the Federal Food, expansion of the potential uses of Drug, and Cosmetic Act and under V. Paperwork Reduction Act menhaden oil made possible by the new authority delegated to the Commissioner maximum levels. Firms choosing to use This tentative final rule contains no of Food and Drugs, and redelegated to menhaden oil will bear labeling and collections of information. Therefore, the Director, Center for Food Safety and other costs. Because these costs are clearance by the Office of Management Applied Nutrition, it is proposed that 21 voluntary, they will be borne only if and Budget under the Paperwork CFR part 184 be amended as follows: doing so is anticipated to be Reduction Act of 1995 is not required. advantageous to the firm. Although PART 184—DIRECT FOOD VI. Federalism firms making products that now use SUBSTANCES AFFIRMED AS menhaden oil at levels below the FDA has analyzed this tentative final GENERALLY RECOGNIZED AS SAFE current maximum but above the new rule in accordance with the principles maximum could bear potential set forth in Executive Order 13132. FDA 1. The authority citation for 21 CFR compliance costs, we noted in the has determined that the tentative final part 184 continues to read as follows: proposed rule that FDA did not know of rule does not contain policies that have Authority: 21 U.S.C. 321, 342, 348, 371. any products in that category. We substantial direct effects on the States, 2. Section 184.1472 is amended by received no comments on this on the relationship between the revising paragraph (a)(2)(iii) and (a)(3) conclusion, or on any other part of the National Government and the States, or and adding paragraph (a)(4) to read as preliminary regulatory impact analysis. on the distribution of power and follows: responsibilities among the various B. Final Regulatory Flexibility Analysis levels of government. Because the § 184.1472 Menhaden oil. FDA has examined the economic agency concludes that this tentative (a) * * * implications of this tentative final rule final rule does not contain policies that (2)(iii) Saponification value. Between as required by the Regulatory Flexibility have federalism implications as defined 180 and 200 as determined by the Act (5 U.S.C. 601–612). If a rule has a in the order, a federalism summary American Oil Chemists’ Society Official significant economic impact on a impact statement is not required. Method Cd 3–25—‘‘Saponification substantial number of small entities, the Value’’ (reapproved 1989), which is Regulatory Flexibility Act requires VII. Comments incorporated by reference in accordance agencies to analyze regulatory options Interested person may submit to the with 5 U.S.C. 552(a) and 1 CFR part 51. that would lessen the economic effect of Division of Dockets Management (see Copies of this publication are available the rule on small entities. FDA finds ADDRESSES) written or electronic from the Office of Food Additive Safety, that this tentative final rule would not comments regarding this document. Center for Food Safety and Applied have a significant economic impact on Submit a single copy of electronic Nutrition (HFS–200), Food and Drug a substantial number of small entities. comments or two paper copies of any Administration, 5100 Paint Branch The use of the menhaden oil by any mailed comments, except that Pkwy., College Park, MD 20740, or small business is voluntary and will be individuals may submit one paper copy. available for inspection at the Center for undertaken only if doing so is Comments are to be identified with the Food Safety and Applied Nutrition’s anticipated to be advantageous to the docket number found in the brackets in Library, Food and Drug Administration,

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5100 Paint Branch Pkwy., College Park, Maximum Advisory Committee Act, we are MD 20740, or at the Office of the Category of food level of use announcing the date and location of the Federal Register, 800 North Capitol St. in food (as next meeting of the No Child Left served) NW., suite 700, Washington, DC. Behind Negotiated Rulemaking * * * * * Pastas, § 170.3(n)(23) of this 2.0 percent committee. (3) In accordance with § 184.1(b)(2), chapter. the ingredient may be used in food only DATES: The Committee’s next meeting within the following specific limitations Plant protein products, 5.0 percent will be held February 2–7, 2004. The to ensure that total intake of § 170.3(n)(33) of this chapter. meeting will begin at 8:30 pm (PST) on Monday, February 2 and end at 5 pm eicosapentaenoic acid or Poultry products, § 170.3(n)(34) 3.0 percent docosahexaenoic acid does not exceed of this chapter. (PST) on Saturday, February 7, 2004. 3.0 grams/person/day: ADDRESSES: The meeting will be held at Processed fruit juices, 1.0 percent the San Diego Mission Bay Hilton, 901 Maximum § 170.3(n)(35) of this chapter. Camino Del Rio South, San Diego, Category of food level of use in food (as Processed vegetable juices, 1.0 percent California 82108, telephone (619) 543– served) § 170.3(n)(36) of this chapter. 9000.

Baked goods, baking mixes, 5.0 percent Snack foods, § 170.3(n)(37) of 5.0 percent FOR FURTHER INFORMATION CONTACT: § 170.3(n)(1) of this chapter. this chapter. Shawna Smith, No Child Left Behind Cereals, § 170.3(n)(4) of this 4.0 percent Negotiated Rulemaking Project Soft candy, § 170.3(n)(38) of 4.0 percent Management Office, P.O. Box 1430, chapter. this chapter. Albuquerque, NM 87103–1430; Cheese products, § 170.3(n)(5) 5.0 percent Soup mixes, § 170.3(n)(40) of 3.0 percent telephone (505) 248–7241/6569; fax of this chapter. this chapter. (505) 248–7242; email [email protected]. We will post additional information as Chewing gum, § 170.3(n)(6) of 3.0 percent Sugar substitutes, 10.0 per- this chapter. it becomes available on the Office of § 170.3(n)(42) of this chapter. cent Education Programs Web site under Condiments, § 170.3(n)(8) of 5.0 percent Sweet sauces, toppings, syrups, 5.0 percent ‘‘Negotiated Rulemaking’’ at http// this chapter. § 170.3(n)(43) of this chapter. www.oiep.bia.edu.

Confections, frostings, 5.0 percent White granulated sugar, 4.0 percent SUPPLEMENTARY INFORMATION: The § 170.3(n)(9) of this chapter. § 170.3(n)(41) of this chapter. Secretary, after consultation with the Dairy product analogs, 5.0 percent tribes, has revised the charter of the § 170.3(n)(10) of this chapter. (4) To ensure safe use of the negotiated rulemaking committee substance, menhaden oil shall not be established to negotiate regulations to Egg products, § 170.3(n)(11) of 5.0 percent used in combination with any other implement the No Child Left Behind this chapter. added oil that is a significant source of Act of 2001 (Pub. Law 107–110). Under eicosapentaenoic acid or this revised charter, the committee will Fats, oils, § 170.3(n)(12) of this 12.0 per- docosahexaenoic acid. chapter, but not in infant for- cent negotiate new regulations covering mula. * * * * * Closure or Consolidation of Schools Dated: January 6, 2004. (Section 1121(d)) and National Criteria Fish products, § 170.3(n)(13) of 5.0 percent L. Robert Lake, for Home Living Situations (Section this chapter. Director, Office of Regulations and Policy, 1122). For more information on Frozen dairy desserts, 5.0 percent Center for Food Safety and Applied Nutrition. negotiated rulemaking under the No § 170.3(n)(20) of this chapter. [FR Doc. 04–811 Filed 1–14–04; 8:45 am] Child Left Behind Act, see the Federal BILLING CODE 4160–01–S Register notices published on December Gelatins, puddings, 1.0 percent 10, 2002 (67 FR 75828) and May 5, 2003 § 170.3(n)(22) of this chapter. (68 FR 23631) or the Web site at http/ Gravies, sauces, § 170.3(n)(24) 5.0 percent DEPARTMENT OF THE INTERIOR /www.oiep.bia.edu under ‘‘Negotiated of this chapter. Rulemaking.’’ Bureau of Indian Affairs There is no requirement for advance Hard candy, § 170.3(n)(25) of 10.0 per- registration for members of the public this chapter. cent 25 CFR Chapter 1 who wish to attend and observe the Jams, jellies, § 170.3(n)(28) of 7.0 percent Meeting of the No Child Left Behind Committee meeting or any work group this chapter. Negotiated Rulemaking Committee meetings. Members of the public may make written comments on the above- AGENCY: Meat products, § 170.3(n)(29) of 5.0 percent Bureau of Indian Affairs, listed items to the Committee by this chapter. Interior. sending them to the NCLB Negotiated ACTION: Announcement of negotiated Rulemaking Committee, Project Milk products, § 170.3(n)(31) of 5.0 percent rulemaking committee meeting. this chapter. Management Office, P.O. Box 1430, SUMMARY: The Secretary of the Interior Albuquerque, New Mexico 87103. We Nonalcoholic beverages, 0.5 percent will provide copies of the comments to § 170.3(n)(3) of this chapter. has established an advisory Committee to develop recommendations for the Committee. Nut products, § 170.3(n)(32) of 5.0 percent proposed rules for Indian education The agenda for the February 2–7, this chapter. under the No Child Left Behind Act of 2004, meeting is as follows: 2001. As required by the Federal

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No Child Left Behind Negotiated 5 p.m. McLaughlin, Chief, Marine Safety Rulemaking Committee February 2–7, Clarification of next steps Compliance Operations Branch, Ninth 2004, Hilton San Diego Mission Valley, Evaluations Coast Guard District Marine Safety San Diego, CA Closing remarks Division, at (216) 902–6045. Adjourn Agenda SUPPLEMENTARY INFORMATION: Dated: January 8, 2004. Request for Comments Purpose of Meeting: Develop Aurene M. Martin, recommendations for proposed rules Principal Deputy Assistant Secretary—Indian We encourage you to participate in under two sections of the No Child Left Affairs. this rulemaking by submitting Behind Act of 2001—Sections 1121(d) [FR Doc. 04–858 Filed 1–14–04; 8:45 am] comments and related material. If you and 1122. BILLING CODE 4310–02–M do so, please include your name and (Breaks at 10 a.m. and 3 p.m. each day address, identify the docket number for and lunch from 12 p.m.–1:30 p.m.) this rulemaking (CGD09–03–287), Monday, February 2, 2004 DEPARTMENT OF HOMELAND indicate the specific section of this SECURITY document to which each comment 8:30 a.m. applies, and give the reason for each Opening Remarks Coast Guard comment. Please submit all comments Introductions, Logistics, and and related material in an unbound Housekeeping 33 CFR Part 165 format, no larger than 81⁄2 by 11 inches, Review and Recommitment to Ground suitable for copying. If you would like Rules [CGD09–03–287] to know they reached us, please enclose Update on First 6 Rules a stamped, self-addressed postcard or Review Agenda RIN 1625–AA11 9 a.m. envelope. We will consider all Regulated Navigation Area; USCG Public Comments comments and material received during 9:30 a.m.–5 p.m. Station Port Huron, Port Huron, the comment period. We may change Closure or Consolidation of Schools Michigan, Lake Huron this proposed rule in view of them. Section 1121(d) of the No Child Left AGENCY: Coast Guard, DHS. Public Meeting Behind Act of 2001 ACTION: Notice of proposed rulemaking. We do not now plan to hold a public Tuesday, February 3, 2004 SUMMARY: The Coast Guard is proposing meeting. But you may submit a request 8:30 a.m. to establish a Regulated Navigation Area for a meeting by writing to Commander Public Comments (RNA) around the entrance to the (mco), Ninth Coast Guard District at the 9 a.m. moorings for Station Port Huron. These address under ADDRESSES explaining Housekeeping regulations are necessary to manage why one would be beneficial. If we 9:30 a.m.–5 p.m. vessel traffic and ensure the operability determine that one would aid this National Criteria for Home-Living of Coast Guard vessels departing Station rulemaking, we will hold one at a time Situations—Section 1122 of the No Port Huron. These regulations are and place announced by a later notice Child Left Behind Act of 2001 intended to restrict vessels from fishing, in the Federal Register. Wednesday, February 4, 2004 mooring and anchoring in a portion of Background and Purpose 8:30 a.m. Lake Huron in the vicinity of the United A large number of recreational Public Comments State Coast Guard Station Port Huron. fishermen typically fish right off the 9 a.m.–5 p.m. DATES: Comments and related material entrance to the Station Port Huron National Criteria for Home-Living must reach the Coast Guard on or before Moorings. As such, it is typical for Situations—Section 1122 of the No March 15, 2004. fishing line to cross the path of any Child Left Behind Act of 2001 ADDRESSES: You may mail comments station vessels exiting the harbor, and related material to Commander, Thursday, February 5, 2004 especially in time-critical emergency Marine Safety Compliance Operations situations. During the summer of 2003, 8:30 a.m. Branch (mco), Ninth Coast Guard on at least 4 occasions, vessels from Public Comment District, 1240 E. Ninth Street, Cleveland, Station Port Huron were removed from 9 a.m.–5 p.m. Ohio 44199–2060, or deliver them to operations due to fishing line being National Criteria for Home-Living room 2069 at the same address between Situations—Section 1122 of the No wrapped around their shafts. 9 a.m. and 2 p.m., Monday through In these instances, Station Port Child Left Behind Act of 2001 Friday, except Federal holidays. The Huron’s boats were unavailable for Friday, February 6, 2004 telephone number is (216) 902–6045. search and rescue response during the Commander (mco), Ninth Coast Guard most active portion of the year, the 8:30 a.m. District maintains the public docket for Public Comment summer boating season. Having vessels this rulemaking. Comments and 9 a.m.–5 p.m. out of service on a regular basis has National Criteria for Home-Living material received from the public, as resulted in a life-threatening situation. Situations—Section 1122 of the No well as documents indicated in this Station Port Huron has not been able to Child Left Behind Act of 2001 preamble as being available in the rely on having all of their underway docket, will become part of this docket assets available on a 24-hour basis, Saturday, February 7, 2004 and will be available for inspection or severely effecting time critical mission 8:30 a.m. copying at the Ninth Coast Guard response. Public Comment District, room 2069, between 9 a.m. and In addition, due to security concerns 9 a.m. 2 p.m., Monday through Friday, except it is necessary to prohibit vessels from National Criteria for Home-Living Federal holidays. anchoring or mooring within the RNA. Situations—Section 1122 of the No FOR FURTHER INFORMATION CONTACT: On several occasions, vessels have been Child Left Behind Act of 2001 Lieutenant Commander Jim discovered inside Station Port Huron’s

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boat basin or anchored so close to the This determination is based on the their discretionary regulatory actions. In Station’s property that crewmembers relative small size of the zone and the particular, the Act addresses actions trespassed upon Federal property upon limited class of vessels restricted from that may result in the expenditure by a disembarking the vessel. This routine this area, i.e. fishing, mooring or State, local, or tribal government, in the invasion of the boat basin and anchoring vessels. In addition, vessels aggregate, or by the private sector of Government property is a threat to the may engage in these activities provided $100,000,000 or more in any one year. security and safety of the station and its the vessel operator receives prior Though this proposed rule would not crew. approval from the Captain of the Port result in such an expenditure, we do Station Port Huron is situated on the Detroit. discuss the effects of this rule elsewhere southern end of Lake Huron at the in this preamble. mouth of the St. Clair River. As such, it Small Entities is a heavily traveled area both for Under the Regulatory Flexibility Act Taking of Private Property commercial and recreational vessels. (5 U.S.C. 601–612), we have considered This proposed rule would not affect a Station Port Huron’s area of whether this proposed rule would have taking of private property or otherwise responsibility continues south a significant impact on a substantial have taking implications under approximately 13 miles down the St. number of small entities. The term Executive Order 12630, Governmental Clair River and approximately 10 miles ‘‘small entities’’ comprises small Actions and Interference with north to Port Sanilac, Michigan. Due to businesses, not-for-profit organizations Constitutionally Protected Property the wide geographic area coupled with that are independently owned and Rights. the extent of vessel traffic, it is critical operated and are not dominant in their that all Station vessels be operable at all fields, and governmental jurisdictions Civil Justice Reform times and that response times not be with populations of less than 50,000. This proposed rule meets applicable hindered. The Coast Guard certifies under 5 standards in sections 3(a) and 3(b)(2) of As such, the Coast Guard is proposing U.S.C. 605(b) that this proposed rule Executive Order 12988, Civil Justice to establish an RNA that would prohibit would not have a significant economic Reform, to minimize litigation, fishing, mooring and anchoring in the impact on a substantial number of small eliminate ambiguity, and reduce immediate vicinity of the entrance to entities. If you think that your business, burden. Station Port Huron’s moorings, unless organization, or governmental the vessel operator receives advanced jurisdiction qualifies as a small entity Protection of Children approval from the Captain of the Port and that this proposed rule would have The Coast Guard has analyzed this Detroit. Vessels not engaging in these a significant economic impact on it, proposed rule under Executive Order activities would be allowed to transit please submit a comment (see 13045, Protection of Children from this area. ADDRESSES) explaining why you think it Environmental Health Risks and Safety Discussion of Rule qualifies and how and to what degree Risks. This rule is not an economically this rule would economically affect it. The proposed RNA would encompass significant rule and does not concern an the following: starting at the northwest Assistance for Small Entities environmental risk to health or risk to safety that may disproportionately affect corner at 43°00.4′ N, 082°25.327′ W; east Under section 213(a) of the Small children. to 43°00.4′ N, 082°25.238′ W; then south Business Regulatory Enforcement to 43°00.3′ N, 082°25.238′ W; then west Fairness Act of 1996 (Public Law 104– Indian Tribal Governments to 43°00.3′ N, 082°25.327′ W; then 121), we want to assist small entities in This proposed rule does not have following the shoreline north back to understanding this proposed rule so that tribal implications under Executive the point of origin. These coordinates they can better evaluate its effects and Order 13175, Consultation and are based upon North American Datum participate in the rulemaking process. If Coordination with Indian Tribal 1983 (NAD 83). the rule would affect your small Governments, because it would not have This proposed RNA would extend business, organization, or governmental a substantial direct effect on one or approximately 400-feet from shore and jurisdiction and you have questions more Indian tribes, on the relationship be approximately 600-feet in width. concerning its provisions or options for between the Federal Government and Only vessels fishing, mooring or compliance, please contact Commander Indian tribes, or on the distribution of anchoring are prohibited from being (mco), Ninth Coast Guard District (see power and responsibilities between the within this RNA. ADDRESSES). Federal Government and Indian tribes. Regulatory Evaluation Collection of Information Energy Effects This proposed rule is not a This proposed rule would call for no ‘‘significant regulatory action’’ under new collection of information under the The Coast Guard has analyzed this section 3(f) of Executive Order 12866 Paperwork Reduction Act of 1995 (44 proposed rule under Executive Order and does not require an assessment of U.S.C. 3501–3520). 13211, Actions Concerning Regulations potential costs and benefits under That Significantly Affect Energy Supply, section 6(a)(3) of the Order. The Office Federalism Distribution, or Use. We have of Management and Budget has not We have analyzed this proposed rule determined that it is not a ‘‘significant reviewed it under that Order. It is not under Executive Order 13132 and have energy action’’ under that order because significant under the regulatory policies determined that this rule does not have it is not a ‘‘significant regulatory action’’ and procedures of the Department of implications for federalism under that under Executive Order 12866 and is not Homeland Security. Order. likely to have a significant adverse effect We expect the economic impact of on the supply, distribution, or use of this proposed rule to be so minimal that Unfunded Mandates Reform Act energy. It has not been designated by the a full Regulatory Evaluation under the The Unfunded Mandates Reform Act Administrator of the Office of regulatory policies and procedures of of 1995 (2 U.S.C. 1531–1538) requires Information and Regulatory Affairs as a DHS is unnecessary. Federal agencies to assess the effects of significant energy action. Therefore, it

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does not require a Statement of Energy DEPARTMENT OF HOMELAND comments and related material in an Effects under Executive Order 13211. SECURITY unbound format, no larger than 81/2 by 11 inches, suitable for copying. If you Environment Coast Guard would like to know that your We have considered the submission reached us, please enclose a environmental impact of this proposed 33 CFR Part 165 stamped, self-addressed postcard or envelope. We will consider all rule and concluded that, under figure 2– [COTP San Francisco Bay 03–009] 1, paragraph 34(g) of Commandant comments and material received during Instruction M16475.1C, this rule is RIN 1625–AA00 the comment period. We may change categorically excluded from further this proposed rule in view of them. Security Zones; San Francisco Bay, environmental documentation. A Public Meeting written categorical exclusion San Francisco, CA and Oakland CA We do not now plan to hold a public determination is available in the docket AGENCY: Coast Guard, DHS. for inspection or copying where meeting. But you may submit a request ACTION: Notice of proposed rulemaking. indicated under ADDRESSES. for a meeting by writing to the Waterways Branch at the address under SUMMARY: List of Subjects in 33 CFR Part 165 The Coast Guard proposes to ADDRESSES explaining why one would establish security zones in areas of the be beneficial. If we determine that one Harbors, Marine safety, Navigation San Francisco Bay adjacent to San would aid this rulemaking, we will hold (water), Reporting and recordkeeping Francisco International Airport and one at a time and place announced by requirements, Waterways. Oakland International Airport. These a separate notice in the Federal For the reasons discussed in the security zones are necessary to ensure Register. preamble, the Coast Guard proposes to public safety and prevent sabotage or amend 33 CFR Part 165 as follows: terrorist acts at these airports. Entry into Background and Purpose these security zones would be Since the September 11, 2001 terrorist PART 165—REGULATED NAVIGATION prohibited, unless specifically attacks on the World Trade Center in AREAS AND LIMITED ACCESS AREAS authorized by the Captain of the Port New York, the Pentagon in Arlington, San Francisco Bay, or his designated Virginia, and Flight 93, the Federal 1. The authority citation for part 165 representative. Bureau of Investigation (FBI) has issued continues to read as follows: DATES: Comments and related material several warnings concerning the Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. must reach the Coast Guard on or before potential for additional terrorist attacks Chapter 701; 50 U.S.C. 191, 195; 33 CFR March 15, 2004. within the United States. In addition, 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. the ongoing hostilities in Afghanistan 107–295, 116 Stat. 2064; Department of ADDRESSES: You may mail comments and Iraq have made it prudent for U.S. Homeland Security Delegation No. 0170.1. and related material to the Waterways ports to be on a higher state of alert Branch of the Marine Safety Office San because Al-Qaeda and other 2. Add § 165.920 to read as follows: Francisco Bay, Coast Guard Island, organizations have declared an ongoing Alameda, California, 94501. The § 165.920 Regulated Navigation Area: intention to conduct armed attacks on USCG Station Port Huron, Port Huron, MI, Waterways Branch of Coast Guard U.S. interests worldwide. Lake Huron. Marine Safety Office San Francisco Bay In its effort to thwart terrorist activity, maintains the public docket for this (a) Regulated Navigation Area. A the Coast Guard has increased safety rulemaking. Comments and material regulated navigation area is established and security measures on U.S. ports and received from the public, as well as in Lake Huron encompassed by a line waterways. As part of the Diplomatic documents indicated in this preamble as connecting the following points: starting Security and Antiterrorism Act of 1986 being available in the docket, will at the northwest corner at 43°00.4′ N, (Pub. L. 99–399), Congress amended become part of this docket and will be 082°25.327′ W; then east to 43°00.4′ N, section 7 of the Ports and Waterways available for inspection or copying at 082°25.238′ W; then south to 43°00.3′ N, Safety Act (PWSA), 33 U.S.C. 1226, to Coast Guard Marine Safety Office San 082°25.238′ W; then west to 43°00.3′ N, allow the Coast Guard to take actions, Francisco Bay, Coast Guard Island, 082°25.327′ W; then following the including the establishment of security Alameda, California, 94501, between 9 shoreline north back to the point of and safety zones, to prevent or respond a.m. and 4 p.m., Monday through origin (NAD 83). to acts of terrorism against individuals, Friday, except Federal holidays. (b) Special regulations. (1) No vessel vessels, or public or commercial may fish, anchor, or moor within the FOR FURTHER INFORMATION CONTACT: structures. RNA without obtaining the advanced Lieutenant Doug Ebbers, U.S. Coast The Coast Guard also has authority to approval of the Captain of the Port Guard Marine Safety Office San establish security zones pursuant to the (COTP) Detroit. COTP Detroit can be Francisco Bay, at (510) 437–3073. Act of June 15, 1917, as amended by the reached by telephone at (313) 568–9580, SUPPLEMENTARY INFORMATION: Magnuson Act of August 9, 1950 (50 U.S.C. 191 et seq.), and implementing or by writing to: MSO Detroit, 110 Mt. Request for Comments Elliot Ave., Detroit MI 48207–4380. regulations promulgated by the (2) Vessels not engaging in fishing, We encourage you to participate in President in subparts 6.01 and 6.04 of anchoring or mooring may transit the this rulemaking by submitting part 6 of title 33 of the Code of Federal RNA. comments and related material. If you Regulations. do so, please include your name and On September 21, 2001, we issued a Dated: December 18, 2003. address, identify the docket number for temporary final rule under docket COTP Ronald F. Silva, this rulemaking (COTP San Francisco San Francisco Bay 01–009, and Rear Admiral, U.S. Coast Guard, Commander, Bay 03–009), indicate the specific published that rule in the Federal Ninth Coast Guard District. section of this document to which each Register (66 FR 54663, Oct. 30, 2001). [FR Doc. 04–913 Filed 1–14–04; 8:45 am] comment applies, and give the reason That rule (codified as 33 CFR 165.T11– BILLING CODE 4910–15–P for each comment. Please submit all 095) established a security zone

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extending 1,800 yards seaward from the within the navigable waters of San of Management and Budget has not Oakland airport shoreline and a security Francisco Bay extending approximately reviewed it under that Order. It is not zone extending 2,000 yards seaward 200 yards seaward from the shorelines ‘‘significant’’ under the regulatory from the San Francisco airport of the Oakland International Airport and policies and procedures of the shoreline. Upon further reflection, and the San Francisco International Airport. Department of Homeland Security after discussion with airport officials The two security zones are designed to (DHS). and members of the public, we issued provide increased security for the We expect the economic impact of a new temporary rule in title 33 of the airports, while minimizing the impact to this proposed rule to be so minimal that Code of Federal Regulations. That rule vessel traffic, fishing, windsurfing and a full Regulatory Evaluation under the (67 FR 5482, Feb. 6, 2002, codified as other activities upon San Francisco Bay. regulatory policies and procedures of 33 CFR 165.T11–097) reduced the size Two hundred yards from the shoreline DHS is unnecessary. Although this of the security zones to 1,000 yards is estimated to be an adequate zone size regulation restricts access to the zones, seaward from both the Oakland and San to provide increased security for each the effect of this regulation would not be Francisco airport shorelines. airport by providing a standoff distance significant because: (i) These security We received several written for blast and collision, a surveillance zones are established in an area of the comments about the 1,000-yard security and detection perimeter, and a margin San Francisco Bay that is seldom used, zones established by that rule (33 CFR of response time for security personnel. (ii) the zones would encompass only a 165.T11–097). Virtually all of those Buoys would be installed to indicate the small portion of the waterway; (iii) comments urged a reduction in size of perimeter of the security zone at each vessels would be able to pass safely the security zones in order to allow airport. This proposed rule, for security around the zones; and (iii) vessels may increased public access to San Francisco reasons, would prohibit entry of any be allowed to enter these zones on a Bay for fishing, windsurfing and similar vessel or person inside the security zone case-by-case basis with permission of uses. As a result, we issued a new without specific authorization from the the Captain of the Port or his designated temporary rule (67 FR 44566, July 3, Captain of the Port or his designated representative. 2002) that further reduced the size of representative. The size of the proposed security the security zones to 200 yards seaward Vessels or persons violating this zones is the minimum necessary to from both the Oakland and San proposed security zone would be provide adequate protection for the San Francisco airport shorelines. That rule subject to the penalties set forth in 33 Francisco International Airport and the (codified as 33 CFR 165.T11–086) U.S.C. 1232 and 50 U.S.C. 192. Pursuant Oakland International Airport. The expired on December 21, 2002. to 33 U.S.C. 1232, any violation of the entities most likely to be affected are Since the time that the security zones security zone described herein, is small recreational vessel traffic engaged were allowed to expire, there have been punishable by civil penalties (not to in fishing or sightseeing activities. several security incursions involving exceed $27,500 per violation, where Small Entities personnel gaining access to the airports each day of a continuing violation is a from boats. In addition, the Department separate violation), criminal penalties Under the Regulatory Flexibility Act of Homeland Security in consultation (imprisonment up to 6 years and a (5 U.S.C. 601–612), we have considered with the Homeland Security Council, maximum fine of $250,000), and in rem whether this proposed rule would have recently made the decision to raise the liability against the offending vessel. a significant economic impact on a national threat level from an Elevated to Any person who violates this section, substantial number of small entities. High risk of terrorist attack based on using a dangerous weapon, or who The term ‘‘small entities’’ comprises intelligence indicating that Al-Qaida is engages in conduct that causes bodily small businesses, not-for-profit poised to launch terrorist attacks against injury or fear of imminent bodily injury organizations that are independently U.S. interests. To address these security to any officer authorized to enforce this owned and operated and are not concerns and to take steps to prevent regulation, also faces imprisonment up dominant in their fields, and the catastrophic impact that a terrorist to 12 years. Vessels or persons violating governmental jurisdictions with attack against one of these airports this section are also subject to the populations of less than 50,000. would have on the public interest, the penalties set forth in 50 U.S.C. 192: The Coast Guard certifies under 5 Coast Guard proposes to establish seizure and forfeiture of the vessel to the U.S.C. 605(b) that this proposed rule permanent security zones extending United States, a maximum criminal fine would not have a significant economic approximately 200 yards seaward of $10,000, and imprisonment up to 10 impact on a substantial number of small around the Oakland and San Francisco years. entities for several reasons: These airports. These security zones are The Captain of the Port would enforce security zones would not occupy an necessary to provide for the safety of this zone and may enlist the aid and area of the San Francisco Bay that is individuals and facilities within and cooperation of any Federal, State, frequently transited, small vessel traffic adjacent to the San Francisco and county, municipal, and private agency would be able to pass safely around the Oakland airports and to ensure that the to assist in the enforcement of the area, and vessels engaged in recreational airports are not used as targets of, or regulation. This regulation is proposed activities, sightseeing and commercial platforms for, terrorist attacks. Due to under the authority of 33 U.S.C. 1226 in fishing have ample space outside of the heightened security concerns, and the addition to the authority contained in security zone to engage in these catastrophic impact a terrorist attack on 50 U.S.C. 191 and 33 U.S.C. 1231. activities. Buoys would be installed to one of these airports would have on the mark the perimeter of the security zone Regulatory Evaluation public, the transportation system, and at each airport and small entities and surrounding areas and communities, This proposed rule is not a the maritime public would be advised of security zones are prudent for these ‘‘significant regulatory action’’ under these security zones via public notice to airports. section 3(f) of Executive Order 12866, mariners. Regulatory Planning and Review, and If you think that your business, Discussion of Proposed Rule does not require an assessment of organization, or governmental In this proposed rule, the Coast Guard potential costs and benefits under jurisdiction qualifies as a small entity would establish two security zones section 6(a)(3) of that Order. The Office and that this rule would have a

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significant economic impact on it, Reform, to minimize litigation, An ‘‘Environmental Analysis Check please submit a comment (see eliminate ambiguity, and reduce List’’ and a draft ‘‘Categorical Exclusion ADDRESSES) explaining why you think it burden. Determination’’ (CED) will be available qualifies and how and to what degree in the docket where located under Protection of Children this rule would economically affect it. ADDRESSES. Comments on this section We have analyzed this proposed rule will be considered before we make the Assistance for Small Entities under Executive Order 13045, final decision on whether the rule Under section 213(a) of the Small Protection of Children from should be categorically excluded from Business Regulatory Enforcement Environmental Health Risks and Safety further environmental review. Fairness Act of 1996 (Public Law 104– Risks. This rule is not an economically List of Subjects in 33 CFR Part 165 121), we want to assist small entities in significant rule and would not create an understanding this proposed rule so that environmental risk to health or risk to Harbors, Marine safety, Navigation we can better evaluate its effects on safety that might disproportionately (water), Reports and record keeping them and participate in the rulemaking. affect children. requirements, Security measures, If the proposed rule would affect your Waterways. Indian Tribal Governments small business, organization, or For the reasons discussed in the governmental jurisdiction and you have This proposed rule does not have preamble, the Coast Guard proposes to questions concerning its provisions or tribal implications under Executive amend 33 CFR part 165 as follows: options for compliance, please contact Order 13175, Consultation and the person listed under FOR FURTHER Coordination with Indian Tribal PART 165—REGULATED NAVIGATION INFORMATION CONTACT for assistance in Governments, because it would not have AREAS AND LIMITED ACCESS AREAS understanding this proposed rule. a substantial direct effect on one or 1. The authority citation for part 165 Collection of Information more Indian tribes, on the relationship continues to read as follows: between the Federal Government and This proposed rule would call for no Indian tribes, or on the distribution of Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. new collection of information under the power and responsibilities between the Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. Paperwork Reduction Act of 1995 (44 Federal Government and Indian tribes. U.S.C. 3501–3520). 107–295, 116 Stat. 2064; Department of We invite your comments on how this Homeland Security Delegation No. 0170.1. Federalism proposed rule might impact tribal governments, even if that impact may 2. Add § 165.1192 to read as follows: A rule has implications for federalism not constitute a ‘‘tribal implication’’ under Executive Order 13132, § 165.1192 Security Zones; Waters under the Order. Federalism, if it has a substantial direct surrounding San Francisco International effect on State or local governments and Airport and Oakland International Airport, Energy Effects San Francisco Bay, California. would either preempt State law or impose a substantial direct cost of We have analyzed this proposed rule (a) Locations. The following areas are compliance on them. We have analyzed under Executive Order 13211, Actions security zones: this proposed rule under that Order and Concerning Regulations That (1) San Francisco International have determined that it does not have Significantly Affect Energy Supply, Airport Security Zone. This security implications for federalism. Distribution, or Use. We have zone includes all waters extending from determined that it is not a ‘‘significant the surface to the sea floor within Unfunded Mandates Reform Act energy action’’ under that order because approximately 200 yards seaward from The Unfunded Mandates Reform Act it is not a ‘‘significant regulatory action’’ the shoreline of the San Francisco of 1995 (2 U.S.C. 1531–1538) requires under Executive Order 12866 and is not International Airport and encompasses Federal agencies to assess the effects of likely to have a significant adverse effect all waters in San Francisco Bay within their discretionary regulatory actions. In on the supply, distribution, or use of a line connecting the following particular, the Act addresses actions energy. The Administrator of the Office geographical positions— of Information and Regulatory Affairs that may result in the expenditure by a Latitude Longitude State, local, or tribal government, in the has not designated it as a significant energy action. Therefore, it does not 37°36′19″ N 122°22′36″ W aggregate, or by the private sector of 37°36′45″ N 122°22′18″ W $100,000,000 or more in any one year. require a Statement of Energy Effects ° ′ ″ ° ′ ″ under Executive Order 13211. 37 36 26 N 122 21 30 W Though this proposed rule would not 37°36′31″ N 122°21′21″ W result in such an expenditure, we do Environment 37°36′17″ N 122°20′45″ W discuss the effects of this rule elsewhere 37°36′37″ N 122°20′40″ W in this preamble. We have analyzed this proposed rule 37°36′50″ N 122°21′08″ W under Commandant Instruction 37°37′00″ N 122°21′12″ W Taking of Private Property M16475.lD, which guides the Coast 37°37′21″ N 122°21′53″ W ° ′ ″ ° ′ ″ This proposed rule would not effect a Guard in complying with the National 37 37 39 N 122 21 44 W 37°37′56″ N 122°21′51″ W taking of private property or otherwise Environmental Policy Act of 1969 ° ′ ″ ° ′ ″ (NEPA)(42 U.S.C. 4321–4370f), and 37 37 50 N 122 22 20 W have taking implications under 37°38′25″ N 122°22′54″ W Executive Order 12630, Governmental have concluded that there are no factors 37°38′25″ N 122°23′02″ W Actions and Interference with in this case that would limit the use of Constitutionally Protected Property a categorical exclusion under section and along the shoreline back to the Rights. 2.B.2 of the Instruction. Therefore, this beginning point. rule is categorically excluded, under (2) Oakland International Airport Civil Justice Reform figure 2–1, paragraph (34)(g), of the Security Zone. This security zone This proposed rule meets applicable Instruction, from further environmental includes all waters extending from the standards in sections 3(a) and 3(b)(2) of documentation because we are surface to the sea floor within Executive Order 12988, Civil Justice establishing a security zone. approximately 200 yards seaward from

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the shoreline of the Oakland ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: This International Airport and encompasses AGENCY proposal addresses the approval of local all waters in San Francisco Bay within MBUAPCD Rule 1002. In the Rules a line connecting the following 40 CFR Part 52 section of this Federal Register, we are geographical positions— [CA 289–0417b; FRL–7600–8] approving this local rule in a direct final action without prior proposal because Latitude Longitude Revisions to the California State we believe this SIP revision is not 37°43′35″ N 122°15′00″ W Implementation Plan, Monterey Bay controversial. If we receive adverse 37°43′40″ N 122°15′05″ W Unified Air Pollution Control District comments, however, we will publish a 37°43′34″ N 122°15′12″ W timely withdrawal of the direct final 37°43′24″ N 122°15′11″ W AGENCY: Environmental Protection rule and address the comments in 37°41′54″ N 122°13′05″ W Agency (EPA). subsequent action based on this 37°41′51″ N 122°12′48″ W ACTION: Proposed rule. proposed rule. We do not plan to open 37°41′53″ N 122°12′44″ W a second comment period, so anyone 37°41′35″ N 122°12′18″ W SUMMARY: EPA is proposing to approve interested in commenting should do so 37°41′46″ N 122°12′08″ W a revision to the Monterey Bay Unified at this time. If we do not receive adverse 37°42′03″ N 122°12′34″ W Air Pollution Control District comments, no further activity is 37°42′08″ N 122°12′32″ W (MBUAPCD) portion of the California planned. For further information, please 37°42′35″ N 122°12′30″ W State Implementation Plan (SIP). The see the direct final action. 37°42′40″ N 122°12′06″ W revision concerns the emission of volatile organic compounds (VOC) from Dated: December 2, 2003. the transfer of gasoline at dispensing Wayne Nastri, and along the shoreline back to the stations. We are approving a local rule Regional Administrator, Region IX. beginning point. that regulates this emission source [FR Doc. 04–837 Filed 1–14–04; 8:45 am] (b) Regulations. (1) Under § 165.33, under the Clean Air Act as amended in BILLING CODE 6560–50–P entering, transiting through, or 1990 (CAA or the Act). anchoring in this zone is prohibited DATES: Any comments on this proposal unless authorized by the Coast Guard must arrive by February 17, 2004. ENVIRONMENTAL PROTECTION AGENCY Captain of the Port, San Francisco Bay, ADDRESSES: Send comments to Andy or his designated representative. Steckel, Rulemaking Office Chief (AIR– 40 CFR Part 62 (2) Persons desiring to transit the area 4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne [Region 2 Docket No. NY66–271b; FRL– of the security zone may contact the 7610–6] Captain of the Port at telephone number Street, San Francisco, CA 94105, or e- 415–399–3547 or on VHF–FM channel mail to [email protected], or Approval and Promulgation of State 16 (156.8 MHz) to seek permission to submit comments at http:// Plans for Designated Facilities; New transit the area. If permission is granted, www.regulations.gov. York You can inspect a copy of the all persons and vessels must comply submitted rule revisions and EPA’s AGENCY: Environmental Protection with the instructions of the Captain of technical support document (TSD) at Agency. the Port or his or her designated our Region IX office during normal ACTION: Proposed rule. representative. business hours. You may also see a copy (c) Enforcement. All persons and of the submitted rule revisions and TSD SUMMARY: The Environmental Protection vessels must comply with the at the following locations: Agency (EPA) is proposing to approve a instructions of the Coast Guard Captain revision to the State Plan submitted by Air and Radiation Docket and New York implementing the Municipal of the Port or the designated on-scene Information Center, U.S. patrol personnel. Patrol personnel Solid Waste (MSW) Landfill Emission Environmental Protection Agency, Guidelines, as promulgated by EPA. The comprise commissioned, warrant, and (Mail Code 6102T), Room B–102, State Plan establishes performance petty officers of the Coast Guard 1301 Constitution Avenue, NW., standards for existing MSW landfills onboard Coast Guard, Coast Guard Washington, DC 20460. located in New York State and provides Auxiliary, local, State, and Federal law California Air Resources Board, for the implementation and enforcement enforcement vessels. Upon being hailed Stationary Source Division, Rule of those standards, which will reduce by U.S. Coast Guard patrol personnel by Evaluation Section, 1001 ‘‘I’’ Street, the designated pollutants. The State siren, radio, flashing light, or other Sacramento, CA 95814. Plan revision consists of moving the means, the operator of a vessel must Monterey Bay Unified Air Pollution federally approved MSW requirements proceed as directed. Control District, 24580 Silver Cloud from Subpart 360–2.21 of title 6 of the Court, Monterey, CA 93940. Dated: January 5, 2004. New York Codes, Rules and Regulations A copy of the rule may also be (NYCRR) to part 208 of title 6 NYCRR. Gerald M. Swanson, available via the Internet at http:// In the ‘‘Rules and Regulations’’ section Captain, U.S. Coast Guard, Captain of the www.arb.ca.gov/drdb/drdbltxt.htm. of this Federal Register, EPA is Port, San Francisco Bay, California. Please be advised that this is not an EPA approving New York’s State Plan [FR Doc. 04–914 Filed 1–14–04; 8:45 am] website and may not contain the same revision as a direct final rule without BILLING CODE 4910–15–P version of the rule that was submitted prior proposal because the Agency to EPA. views this as a noncontroversial FOR FURTHER INFORMATION CONTACT: Al submittal and anticipates no adverse Petersen, Rulemaking Office (AIR–4), comments. A detailed rationale for the U.S. Environmental Protection Agency, approval is set forth in the direct final Region IX, (415) 947–4118, rule. If EPA receives no adverse [email protected]. comments, EPA will not take further

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action on this proposed rule. If EPA DEPARTMENT OF COMMERCE implementing regulations at 50 CFR receives adverse comments, EPA will 600.745 and 50 CFR 660.350. withdraw the direct final rule and it will National Oceanic and Atmospheric On November 20, 2003, NMFS not take effect. EPA will address all Administration received four completed EFP public comments in a subsequent final applications from WDFW. The rule based on this proposed rule. The 50 CFR Part 660 individual EFP applications are summarized below. The applicants EPA will not institute a second [ID. 010504A] comment period on this action. Any presented these EFP applications at the parties interested in commenting on this Fisheries Off West Coast States and in Pacific Fishery Management Council’s action should do so at this time. the Western Pacific;Pacific Coast (Council) meeting in November 2003. Groundfish Fishery; Application for an The Council considered the applications DATES: Written comments must be Exempted Fishing Permit and recommended that NMFS issue the received on or before February 17, 2004. EFPs for the proposed activity. Copies of AGENCY: National Marine Fisheries ADDRESSES: Comments may be the applications are available for review submitted either by mail or Service (NMFS), National Oceanic and from NMFS (see ADDRESSES). Atmospheric Administration (NOAA), electronically. Written comments No optimum yield (OY) is expected to Commerce. be exceeded as a result of the EFP should be mailed to Raymond Werner, fishing. All groundfish landed under Chief, Air Programs Branch, ACTION: Notice of receipt of four EFPs are counted against the OY for Environmental Protection Agency, exempted fishing permit applications, those species and will not result in total Region 2 Office, 290 Broadway, 25th announcement of the intent to issue EFPs, request for comments. harvest above the established levels Floor, New York, New York 10007– announced in the Pacific Coast 1866. Electronic comments could be SUMMARY: NMFS announces the receipt Groundfish Fishery Annual sent either to [email protected] of four exempted fishing permit (EFP) Specifications and Management or to http://www.regulations.gov, which applications from the Washington State Measures for 2004. For overfished is an alternative method for submitting Department of Fish and Wildlife species, specific OY allowances or OY electronic comments to EPA. Go directly (WDFW) and the intent to issue the set-a-sides were specified for EFP to http://www.regulations.gov, then requested EFPs. If awarded, these EFPs fishing in 2004. Therefore, each EFP select ‘‘Environmental Protection will allow vessels with valid will have overall harvest limits for the Agency’’ at the top of the page and use Washington State delivery permits to overfished species. If a harvest limit is the ‘‘go’’ button. Please follow the on- harvest and retain federally managed reached for any of the overfished line instructions for submitting groundfish in Rockfish Conservation species, the EFP will be terminated. comments. Areas (RCAs). (RCAs are large-scale Each EFP will also contain individual Copies of the State submittal are depth-related closed areas where vessel limits for specified overfished available at the following addresses for overfished rockfish species are rockfish stocks. If a vessel achieves any inspection during normal business commonly found) and to retain federally of these individual vessel limits, hours: managed groundfish species in excess of restrictions specified in the EFP will be cumulative trip limits. These activities imposed. Environmental Protection Agency, are otherwise prohibited. Each EFP requires the participating Region 2 Office, Air Programs Branch, Vessels fishing under each of the EFPs vessels to carry a State-sponsored 290 Broadway, 25th Floor, New York, will be required to carry either a State- sampler or Federal groundfish observer. New York 10007–1866. sponsored sampler or a Federal Observers will collect data that can be New York State Department of groundfish observer while conducting used to estimate incidental catch rates, Environmental Conservation, Division EFP fishing. Samplers/observers will total catch by species or species groups, of Air Resources, 625 Broadway, collect catch and effort data and retain and to assess the effectiveness of Albany, New York 12233. specimens that are otherwise not selective gear configurations. To the Environmental Protection Agency, Air available shoreside. These EFP extent possible, data provided by the and Radiation Docket and Information proposals are intended to promote the observers will be compatible with that Center, Air Docket (6102), 401 M objectives of the Pacific Coast collected by the NMFS coastwide Street, SW., Washington, DC 20460. Groundfish Fishery Management Plan observer program. by providing much needed data on total Data collected during these EFPs are FOR FURTHER INFORMATION CONTACT: Kirk catch, incidental catch rates by fishing expected to have a broad significance to J. Wieber, Air Programs Branch, strategy, and the effectiveness of the management of the groundfish Environmental Protection Agency, different gear configuration. The fishery by providing much needed Region 2 Office, 290 Broadway, 25th information gathered through these information on: (1) total catch by vessels Floor, New York, New York 10007– EFPs may lead to future rulemakings. directly harvesting different target 1866, (212) 637–3381 or DATES: Comments must be received by species, (2) catch rates of overfished [email protected]. January 30, 2004. species by fishing location, (3) gear selectivity, (4) age structure, and (5) the ADDRESSES: Comments should be SUPPLEMENTARY INFORMATION: For feasibility of a full retention program for submitted to and copies of the EFP additional information see the direct rockfish species. final rule which is located in the Rules application are available from Becky Section of this Federal Register. Renko, Northwest Region, NMFS, 7600 Spiny Dogfish (Squalus acanthiias) Sand Point Way N.E., Bldg. 1, Seattle, Dated: December 29, 2003. Spiny dogfish is an abundant and WA 98115–0070. important species in the groundfish Jane M. Kenny, FOR FURTHER INFORMATION CONTACT: fishery off Washington State. Fixed gear Regional Administrator, Region 2. Becky Renko (206)526–6110. is used to directly harvest spiny dogfish. [FR Doc. 04–890 Filed 1–14–04; 8:45 am] SUPPLEMENTARY INFORMATION: This Fishing with fixed gear in areas where BILLING CODE 6560–50–P action is authorized by the FMP and spiny dogfish have historically been

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harvested will be prohibited in 2004, will be required to retain all groundfish, limits will be forfeited to the State of because the areas fall within the non- except spiny dogfish, and the proceeds Washington. trawl RCA. Little is known about the from the sale of groundfish landed in There will be no monthly limit on the bycatch catch rates of other groundfish, excess of trip limits will be forfeited to harvest of arrowtooth flounder, but the including overfished species, by vessels the State of Washington. Fishing under harvest of arrowtooth flounder will be specifically targeting spiny dogfish. the proposed EFP will occur between constrained by individual vessel limits However, fishers believe that spiny August 1 and October 31, 2004. All for canary rockfish. If a permitted vessel dogfish can be harvested with much fishing by participating vessels, both reaches the limit for canary rockfish of lower bycatch rates than are currently EFP and non-EFP fishing, during the 275 (lb) (124.74 kg) per month in tows assumed. effective dates of the EFP will be where arrowtooth flounder is the If this EFP is issued, it will allow one restricted to waters north of Destruction targeted species, the vessel’s activities vessel, which has historically harvested Island (47°40′30″ N. lat.). will be restricted for the remainder of spiny dogfish, to use fixed gear to There will be no monthly limit on the the month. Overall EFP threshold limits directly harvest and retain spiny dogfish harvest of walleye pollock, but the are also defined for the overfished in a Non-trawl RCA and to retain and harvest of pollock will be constrained groundfish species. land groundfish in excess of cumulative by individual vessel limits for widow Fishing under the proposed EFP will trip limits. These activities are rockfish and canary rockfish. If a occur between May 1 and August 31, otherwise prohibited by Federal permitted vessel reaches the limit for 2003. All fishing by participating regulations. Fishing under the proposed widow rockfish of 500 lb (226 kg) per vessels, EFP and non-EFP fishing, EFP will occur between February 1 and month in tows where pollock is the during the effective dates of the EFP May 31, 2004. The vessel will be targeted species, the vessel cannot make will be restricted to waters north of required to retain all rockfish and the any directed pollock tows for the rest of Destruction Island (47°40′30″ N. lat.). proceeds from the sale of rockfish in that month. If a permitted vessel reaches Nearshore Flatfish excess of current trip limits will be the limit for canary rockfish of 200 lb forfeited to the State of Washington. All (124.74 kg), the vessel cannot continue The nearshore flatfish species (Dover EFP and non-EFP fishing during the to fish under the EFP. sole, petrale sole, rex sole, arrowtooth effective dates of the EFP will be flounder, and other flatfish) are Arrowtooth Flounder (Atheresthes restricted to waters north of Destruction abundant and commercially important stomias) Island (47°40′30″ N. lat.). groundfish species off Washington. There will be no monthly limit on the Fishing for arrowtooth flounder, Fishing for these species is constrained harvest of spiny dogfish, but the harvest which is an abundant and commercially by efforts to rebuild overfished rockfish of spiny dogfish will be constrained by important groundfish species off species, particularly canary rockfish. individual vessel limits for yelloweye Washington, is constrained by efforts to Fishers who have historically targeted rockfish. Approximately 300 mt of rebuild canary rockfish, an overfished these species believe that the fishery can dogfish are expected to be taken during species. Many of the areas where be prosecuted with a much lower canary the EFP fishing. If a permitted vessel arrowtooth flounder have historically rockfish bycatch rate than is currently harvests 275 lbs (124.74 kg) per month been harvested are within the Trawl assumed. of yelloweye rockfish, the vessel will be RCA, where fishing with bottom trawl If this EFP is issued, it will allow restricted from fishing in the Non-trawl gear is prohibited. three vessels, which have historically RCA for the remainder of the calendar The purpose of the exempted fishing landed nearshore flatfish to use large month. activity is to measure the rate at which footrope trawl gear to harvest bycatch species, such as canary, groundfish in nearshore areas, and to Walleye Pollock (Theragra darkblotched, yelloweye and widow retain groundfish to sell in excess of chalcogramma) rockfish, are taken with an experimental cumulative trip limits provided that The walleye pollock stock is primarily trawl net by vessels targeting arrowtooth harvest limits for overfished species are found off the west coast of Vancouver flounder. The experimental trawl net not exceeded. These activities are island. However, harvestable amounts of has been specifically designed to be otherwise prohibited by Federal walleye pollock move south into more selective for flatfish, such as regulations. Large footrope trawl gear Washington waters every five to seven arrowtooth flounder, than the trawl nets will be modified by the participating years. The length of time they are that have historically been used in the vessels with the intent of identifying available south of the U.S. Canada fishery. gear configurations that will be more border is unknown. When fishers If the permit is issued, this EFP will selective for the nearshore flatfish harvest walleye pollock, which is not a allow approximately five vessels, which species. groundfish, they incidentally encounter have historically participated in the The EFP will restrict vessels to the groundfish such as Pacific whiting, arrowtooth flounder fisheries: to use large footrope limits for the nearshore yellowtail rockfish and spiny dogfish. bottom trawl gear to fish for arrowtooth flatfish species, which are greater than An EFP is necessary to allow walleye flounder in the Trawl RCA; to retain the small footrope limits. Large footrope pollock vessels to fish within the Trawl groundfish taken within a rockfish gear is otherwise prohibited in RCA with midwater trawl gear and to conservation area; and to retain and sell nearshore areas. If a permitted vessel delay complete sorting of their catch arrowtooth flounder and petrale sole in reaches the limit for canary rockfish of until the point of offloading. An EFP is excess of their cumulative trip limits 180 lb (81.648 kg) per month in tows needed to delay sorting because provided harvest limits for overfished where nearshore flatfish species are regulations prohibit the retention of species are not exceeded. These targeted, the vessel cannot make any groundfish taken in a closed area or the activities are otherwise prohibited by directed nearshore flatfish tows for the retention of groundfish in excess of Federal regulations. Vessels will be rest of that month. If the individual cumulative trip limits if taken outside required to retain all rockfish. Other vessel limit of 700 lb (317.52 kg) of the conservation areas. than arrowtooth flounder and petrale canary rockfish is reached the vessel If the permit is issued, two vessels are sole, proceeds from the sale of cannot continue to fish under the EFP. expected to fish under this EFP. Vessels groundfish in excess of current trip Vessels will be required to retain all

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rockfish. Proceeds from the sale of 2004. All fishing by participating Dated: January 12, 2004. groundfish in excess of the cumulative vessels, both EFP and non-EFP fishing, Bruce C. Morehead, trip limits will be forfeited to the State during the effective dates of the EFP Acting Director, Office of Sustainable of Washington. will be restricted to waters north of Fisheries, National Marine Fisheries Service. ° ′ ″ Fishing under the proposed EFP will Destruction Island (47 40 30 N. lat.). [FR Doc. 04–910 Filed 1–14–04; 8:45 am] occur between March 1 and June 30, Authority: 16 U.S.C. 1801 et seq. BILLING CODE 3510–22–S

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Notices Federal Register Vol. 69, No. 10

Thursday, January 15, 2004

This section of the FEDERAL REGISTER obtained via the Internet at http:// two consecutive 3-year terms. USDA contains documents other than rules or www.ams.usda.gov/lsg/mpb/lamb/ will announce when nominations will proposed rules that are applicable to the lambforms.htm. be due from eligible organizations and public. Notices of hearings and investigations, FOR FURTHER INFORMATION CONTACT: when any subsequent nominations are committee meetings, agency decisions and due when a vacancy does or will exist. rulings, delegations of authority, filing of Kenneth R. Payne, Chief, Marketing petitions and applications and agency Programs Branch on (202) 720–1115, via The following unit/regions have statements of organization and functions are facsimile on (202) 720–1125, or via e- vacancies in early 2005: examples of documents appearing in this mail at [email protected]. Unit/Region Members section. SUPPLEMENTARY INFORMATION: The Commodity Promotion, Research, and Producer Member: From either Consumer Information Act of 1996 (Act) Region 1 or Region 2—Must DEPARTMENT OF AGRICULTURE (7 U.S.C. 7411 et seq.) authorizes the own annually 100 or less head of lambs ...... 1 Agricultural Marketing Service establishment and implementation of a lamb promotion, research, and Producer Member: From either [No. LS–04–03] information program. Pursuant to the Region 1 or Region 2—Must Act, a proposed Lamb Promotion, own annually more than 500 Lamb Promotion, Research, and Research, and Information Order (Order) head of lambs ...... 1 Information: Certification of Feeder Member: From either was published in the Federal Register Region 1 or Region 2—Either Organizations for Eligibility To Make on September 21, 2001 (66 FR 48764). Nominations to the Lamb Promotion, less than 5,000 lambs fed The final Order was published in the annually or 5,000 or more Research, and Information Board Federal Register on April 11, 2002 (67 lambs fed annually ...... 1 AGENCY: Agricultural Marketing Service, FR 17848). The Order provides for the First Handler Member ...... 1 USDA. establishment of a 13-member Board that consists of 6 producers representing Any eligible producer, seedstock ACTION: Notice. regions east and west of the Mississippi producer, feeder, or first handler SUMMARY: Notice is hereby given that River, 3 feeders representing regions organization that is not currently the Department of Agriculture’s (USDA) east and west of the Mississippi River, certified and is interested in being Agricultural Marketing Service (AMS) is 1 seedstock producer, and 3 first certified to nominate producers, accepting applications from State, handlers appointed by USDA. Of the six seedstock producers, feeders, or first regional, and national lamb producer, producers, two must be located east of handlers for appointment to the Board, seedstock producer, feeder, and first the Mississippi River and represent the must complete and submit an official handler organizations or associations eastern region; two must be located west ‘‘Application for Certification of that desire to be certified as eligible to of the Mississippi River and represent Organization,’’ form. That form must be nominate lamb producers, seedstock the western region; while the remaining received by close of business February producers, lamb feeders, or first two can be selected without regard to 17, 2004. handlers of lamb or lamb products for the geographic location. The feeders Only those organizations that meet appointment to the Lamb Promotion, cannot all be located in the same the criteria for certification of eligibility Research, and Information Board geographic region. The duties and specified under § 1280.206(b) under the (Board). Previously certified responsibilities of the Board are Order are eligible for certification. In organizations do not need to reapply. To provided under the Order. certifying an organization, the following nominate a producer, seedstock The Order provides that USDA shall will be considered: producer, feeder, or first handler certify or otherwise determine the (1) The geographic territory covered member to the Board, organizations eligibility of any State, regional, or by the active membership of the must first be certified by USDA. Notice national lamb producer, seedstock organization; is also given that upcoming vacancies producer, feeder, or first handler (2) The nature and size of the active are anticipated and that during a period organizations or associations that meets membership of the organization, to be established by USDA, nominations the eligibility criteria established under including the number of active will be accepted from eligible the Order. Those organizations that producers, seedstock producers, feeders, organizations. meet the eligibility criteria specified or first handlers represented by the under the Order will be certified as organization; DATES: Applications for certification eligible to nominate members for (3) Evidence of stability and must be received by close of business appointment to the Board. Those permanency of the organization; February 17, 2004. organizations should ensure that the (4) Sources from which the operating ADDRESSES: Certification form LS–82 as nominees represent the interests of funds of the organizations are derived; well as information regarding the producers, seedstock producers, feeders, (5) The functions of the organization; certification and nomination procedures and first handlers. and may be requested from Kenneth R. The Order provides that the members (6) The ability and willingness of the Payne, Chief; Marketing Programs of the Board shall serve for terms of 3 organization to further the purpose and Branch, Room 2638–S; Livestock and years, except that appointments to the objectives of the Act. Seed Program; AMS, USDA; STOP 0251; initially established Board shall be In addition, the primary consideration 1400 Independence Avenue, SW.; proportionately for 1-, 2-, and 3-year in determining the eligibility of an Washington, DC 20250–0251 or terms. No person may serve more than organization will be:

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(1) The membership of the DEPARTMENT OF AGRICULTURE Siuslaw National Forest, 541–750–7075, organization consists primarily of or write to Siuslaw National Forest producers, seedstock producers, feeders, Foreign Agricultural Service Supervisor, P.O. Box 1148, Corvallis, or first handlers who market or handle OR 97339. a substantial quantity of lamb or lamb Trade Adjustment Assistance for Farmers SUPPLEMENTARY INFORMATION: The products; and meeting is open to the public. Council (2) A primary purpose of the AGENCY: Foreign Agricultural Service, Discussion is limited to Forest Service/ organization is in the production or USDA. BLM staff and Council Members. Lunch marketing of lamb and lamb products. ACTION: Notice. will be on your own. A public input All certified organizations will be session will be at 3 p.m. for fifteen notified in writing of the beginning and The Administrator, Foreign minutes. The meeting is expected to ending dates of the established Agricultural Service (FAS), today adjourn around 3:30 p.m. nomination period and will be provided denied a petition for trade adjustment Dated: January 8, 2004. with required nomination forms. assistance (TAA) that was filed on The information collection December 4, 2003, by the United Jane L. Cottrell, requirements referenced in this notice Fisheries Co-op, Inc., Biloxi, Acting Forest Supervisor. has been approved by the Office of Mississippi. [FR Doc. 04–864 Filed 1–14–04; 8:45 am] Management and Budget (OMB) under SUPPLEMENTARY INFORMATION: Upon BILLING CODE 3410–11–M the provisions of the Paperwork investigation, the Administrator Reduction Act of 1995 (44 U.S.C., determined that domestic producer DEPARTMENT OF AGRICULTURE Chapter 35) and have been assigned prices did not decline at least 20 percent OMB No. 0581–0198, except Board during the January–December 2002 Forest Service nominees information form has been marketing year when compared with the assigned OMB No. 0505–0001. previous 5-year average, a condition Del Norte County Resource Advisory Authority: 7 U.S.C. 7411–7425. required for certifying a petition for Committee TAA. Dated: January 9 2004. AGENCY: Forest Service, USDA. A. J. Yates, FOR FURTHER INFORMATION, CONTACT: ACTION: Notice of meeting. Administrator, Agricultural Marketing Jean-Louis Pajot, Coordinator, Trade Adjustment Assistance for Farmers, Service. SUMMARY: The Del Norte County [FR Doc. 04–845 Filed 1–14–04; 8:45 am] FAS, USDA, (202) 720–2916, mail: [email protected]. Resource Advisory Committee (RAC) BILLING CODE 3410–02–P will meet on March 3, 2004 in Crescent Dated: December 31, 2003. City, California. The purpose of the A. Ellen Terpstra, meeting is to discuss the selection of DEPARTMENT OF AGRICULTURE Administrator, Foreign Agricultural Service. Title II projects under Public Law 106– Foreign Agricultural Service [FR Doc. 04–846 Filed 1–14–04; 8:45 am] 393, H.R. 2389, the Secure Rural BILLING CODE 3410–10–M Schools and Community Self- Trade Adjustment Assistance for Determination Act of 2000, also called Farmers the ‘‘Payments to States’’ Act. DEPARTMENT OF AGRICULTURE DATES: The meeting will be held on AGENCY: Foreign Agricultural Service, March 3, 2004 from 6 to 8:30 p.m. USDA. Forest Service ADDRESSES: The meeting will be held at ACTION: Notice. Oregon Coast Provincial Advisory the Crescent Fire Protection District, 255 Committee The Administrator, Foreign West Washington Boulevard, Crescent Agricultural Service (FAS), today AGENCY: Forest Service, USDA. City, California. denied a petition for trade adjustment ACTION: Notice of meeting. FOR FURTHER INFORMATION CONTACT: assistance (TAA) that was filed on Laura Chapman, Committee December 4, 2003, by a group of SUMMARY: The Oregon Coast Province Coordinator, USDA, Six Rivers National crawfish producers in Louisiana. Advisory Committee will meet in Forest, 1330 Bayshore Way, Eureka, CA Corvallis, OR, January 22, 2004. The SUPPLEMENTARY INFORMATION: Upon 95501. Phone: (707) 441–3549. E-mail: investigation, the Administrator theme of the meeting is Introduction/ [email protected]. determined that imports of crawfish did Overview/Business Planning. The agenda includes: Payments to counties SUPPLEMENTARY INFORMATION: Agenda not increase during the January– items include a report on the Regional December 2002 marketing year, a Update, Aquatic Conservation Strategy EIS, Corvallis to Coast Trails, Sand RAC meeting held in Sacramento in condition required for certifying a November 2003, and a presentation on petition for TAA. Camping Environmental Assessment, 2003 Monitoring Trip Update, 2004 the unique aspects of the Siskiyou FOR FURTHER INFORMATION CONTACT: Agenda Items/Theme, Public Comment Klamath Bioregion. The meeting is open Jean-Louis Pajot, Coordinator, Trade and Round Robin. to the public. Public input opportunity Adjustment Assistance for Farmers, will be provided and individuals will DATES: The meeting will be held January FAS, USDA, (202) 720–2916, email: have the opportunity to address the 22, 2004, beginning at 9 a.m. [email protected]. committee at that time. ADDRESSES: The meeting will be held at Dated: December 31, 2003. the Siuslaw National Forest Dated: January 9, 2004. A. Ellen Terpstra, Supervisor’s Office, 4077 SW Research Jean M. Hawthorne, Administrator, Foreign Agricultural Service. Way, Corvallis, Oregon. Acting Deputy Forest Supervisor. [FR Doc. 04–847 Filed 1–14–04; 8:45 am] FOR FURTHER INFORMATION CONTACT: Joni [FR Doc. 04–887 Filed 1–14–04; 8:45 am] BILLING CODE 3410–10–M Quarnstrom, Public Affairs Specialist, BILLING CODE 3410–11–M

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DEPARTMENT OF AGRICULTURE The EA is available for public review and Countervailing Duty Enforcement at RUS or GVEA at the addresses Group III, Import Administration, Rural Utilities Service provided in this notice and at the International Trade Administration, following locations: U.S. Department of Commerce, 14th Golden Valley Electric Association, (1) Noel Wien Public Library, 1215 Inc.; Notice of Availability of an Street and Constitution Avenue, N.W., Cowles Street, Fairbanks, AK 99701. Washington, D.C. 20230. Environmental Assessment (2) North Pole City Library, 601 SUPPLEMENTARY INFORMATION: AGENCY: Rural Utilities Service, USDA. Snowman Lane, North Pole, AK 99705. Questions and comments should be ACTION: Notice of availability of an Background sent to RUS at the address provided in environmental assessment (EA). this notice. RUS will accept questions On June 16, 2003, in response to the SUMMARY: Notice is hereby given that and comments on the EA for 30 days Department’s notice of opportunity to the Rural Utilities Service (RUS) has from the date of publication of this request a review published in the prepared an environmental assessment notice. Federal Register, Wok & Pan requested Any final action by RUS related to the (EA) for a project proposed by Golden the Department conduct an proposed project will be subject to, and Valley Electric Association, Inc., administrative review of the contingent upon, compliance with all (GVEA) of Fairbanks, Alaska. The antidumping duty order on FMTC from project consists of constructing a 138kV relevant Federal environmental laws the PRC (See Notice of Antidumping transmission line between the GVEA and regulations and completion of Duty Order: Folding Metal Tables and North Pole Power Plant, North Pole, environmental review procedures as Chairs from the People’s Republic of Alaska, and the Carney Substation, prescribed by the 7 CFR part 1794, RUS which is approximately 22 miles Environmental Policies and Procedures. China, 67 FR 43277 (June 27, 2002)) for its exports of subject merchandise. On southeast of North Pole. Dated: January 6, 2004. June 26, 2003, EJ requested the FOR FURTHER INFORMATION CONTACT: Lawrence R. Wolfe, Nurul Islam, Environmental Protection Department conduct an administrative Acting Director, Engineering and review of entries of subject merchandise Specialist, U.S. Department of Environmental Staff. Agriculture, RUS, Engineering and made by Shichang. On June 30, 2003, [FR Doc. 04–876 Filed 1–14–04; 8:45 am] the petitioner requested the Department Environmental Staff, 1400 BILLING CODE 3410–15–P Independence Avenue, SW., conduct an administrative review of Washington, DC 20250–1571, telephone entries of subject merchandise made by three Chinese producers/exporters: Feili (202) 720–1414, FAX: (202) 720–0820, DEPARTMENT OF COMMERCE e-mail: [email protected]. Furniture Development Co., Ltd and Information is also available from Mr. International Trade Administration Feili (Fujian) Co., Ltd (‘‘Feili’’), New- Greg Wyman, Manager of Construction Tec Integration Co., Ltd. (‘‘New-Tec’’), Services, GVEA, POB 71249, Fairbanks, [A-570–868] and Shichang. The Department initiated Alaska 99707–1249, telephone (907) Notice of Extension of Preliminary the review for all companies. See Notice 451–5629. His e-mail address is: Results of Antidumping Duty Review: of Initiation of Antidumping and [email protected]. Certain Folding Metal Tables and Countervailing Duty Administrative SUPPLEMENTARY INFORMATION: GVEA Chairs from the People’s Republic of Reviews, Requests for Revocation in Part proposes to construct the North Pole- China and Deferral of Administrative Reviews, Carney Substation 138kV Transmission 68 FR 44524, July 29, 2003 (‘‘Initiation Line Project, which is approximately 22 AGENCY: Import Administration, Notice’’). International Trade Administration, miles in length. The primary purpose of On October 27, 2003, petitioner filed Department of Commerce. the facility is to meet the projected a letter withdrawing their request for SUMMARY: The Department of Commerce future increases in regional power review for Feili Group and New-Tec. On requirements and to improve the quality (‘‘the Department’’) is conducting an administrative review of the October 30, 2003, the Department of service to existing customers. To requested that Feili Group and New-Tec accommodate the new transmission antidumping duty order on certain folding metal tables and chairs produce an official copy of its request line, either a new substation would be for review and evidence showing that built next to the North Pole Power Plant, (‘‘FMTC’’) from the People’s Republic of China (‘‘PRC’’) in response to requests this request had been appropriately or the existing generating/substation served on interested parties. The facilities at North Pole would be by petitioner Meco Corporation Department determined that Feili Group modified to provide an additional (‘‘petitioner’’), interested party EJ and New-Tec had not in fact filed a breaker to feed the transmission line Footwear (‘‘EJ’’), and respondent Wok timely request for review. Because and other breaker bays for future and Pan Industry, Inc. (‘‘Wok & Pan’’). growth. In addition, GVEA would The review covers shipments to the petitioner had withdrawn its request modify the Carney Substation to provide United States for the period December 3, within the time limits set by 19 CFR an additional breaker to allow for 2001, to May 31, 2003, by Dongguang 351.213(d)(1), the Department rescinded termination of the transmission line. Shichang Metals Factory, Ltd. its review of Feili Group and New-Tec The Carney Substation work would take (‘‘Shichang’’) and Wok & Pan. For the on November 26, 2003. See Certain place within the existing substation reasons discussed below, we are Folding Metal Tables and Chairs from footprint. extending the preliminary results of this the People’s Republic of China: Notice Alternatives to the proposed project administrative review by 120 days, to no of Partial Rescission of First are discussed in detail in the EA. They later than June 29, 2004. Antidumping Duty Administrative include the no action, energy EFFECTIVE DATE: January 15, 2004. Review, 68 FR 66397 (November 26, conservation, purchase of power, FOR FURTHER INFORMATION CONTACT: 2003). The preliminary results are upgrade existing transmission lines, and Anya Naschak at (202) 482–6375 or John currently due not later than March 1, constructing new transmission facilities. Drury at (202) 482–0195; Antidumping 2004.

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Extension of Time Limits for 2003. Based on a request for withdrawal withdrawing their request for review for Preliminary Results of the review with respect to certain all of the companies for which they had Pursuant to section 751(a)(3)(A) of the companies, we are rescinding, in part, requested an administrative review, Act and 19 CFR 351.213(h)(2) of the the first administrative review. except Uren Chile S.A. Department’s regulations, the EFFECTIVE DATE: January 15, 2004. Partial Rescission of Antidumping Department may extend the deadline for FOR FURTHER INFORMATION CONTACT: Cole Administrative Review completion of the preliminary results of Kyle, Office 1, AD/CVD Enforcement, Because the petitioners were the only a review if it determines that it is not Import Administration, International party to request an administrative practicable to complete the preliminary Trade Administration, U.S. Department review for all companies except Olmue, results within the statutory time limit of of Commerce, 14th Street and SANCO, and Vital Berry, and because 245 days from the last day of the Constitution Avenue, NW., Washington they filed their withdrawal request anniversary month of the order for DC 20230; telephone (202) 482–1503. within the deadline established by the which the administrative review was SUPPLEMENTARY INFORMATION: Department, we are hereby rescinding requested. Because of the complexity of the administrative review with respect the issues, the scheduling of Background to the following companies in verification, and the numerous filing On July 2, 2003, the Department of accordance with 19 CFR 351.213(d)(1): difficulties experienced by all the Commerce (‘‘the Department’’) parties in this case, it is not practicable published in the Federal Register a Agricola Nova Ltda.; Agrocomercial Las Tinajas Ltda.; for the Department to complete this notice of the opportunity to request an Agroindustria Framberry Ltda.; review within the time limit mandated administrative review in the above-cited Agroindustria Niquen Ltda.; by section 751(a)(3)(A) of the Act. segment of the antidumping duty Agroindustria Sagrada Familia Ltda.; Furthermore, the Department requires proceeding (see 68 FR 39511). We additional time to evaluate information Agroindustria y Frigorifico M y M Ltda.; received a timely filed request for Agroindustrial Frisac Ltda.; submitted by Shichang. review of 51 companies from the Pacific Therefore, in accordance with section Agroindustrial Frutos del Maipo Ltda.; Northwest Berry Association, Lynden, Agroindustrial Merco Trading Ltda.; 751(a)(3)(A) of the Act and 19 CFR Washington, and each of its individual 351.213(h)(2) of the Department’s Agroindustrias San Francisco Ltda.; members, Curt Maberry Farm, Enfield Agross S.A.; regulations, the Department is extending Farms, Inc., Maberry Packing, and Rader Alimentos Prometeo Ltda.; the time limits for the preliminary Farms, Inc. (collectively, ‘‘the Alimentos y Frutos S.A.; results by 120 days, to no later than June petitioners’’). We also received timely Andesur S.A.; 29, 2004. The deadline for the final filed requests for review from Fruticola Angloeuro Comercio Exterior S.A.; results of this review will continue to be Olmue S.A. (‘‘Olmue’’), Santiago Armijo Carrasco, Claudio del Carmen; 120 days after publication of the Comercio Exterior Exportaciones Ltda. Arvalan S.A.; preliminary results. (‘‘SANCO’’), and Vital Berry Marketing Bajo Cero S.A.; Dated: January 8, 2004. S.A. (‘‘Vital Berry’’).1 On August 22, Certified Pure Ingredients (Chile) Inc. y Joseph A. Spetrini, 2003, we initiated an administrative Cia. Ltda.; Deputy Assistant Secretary for Import review of the 51 companies (see 68 FR Chile Andes Foods S.A.; Administration, Group 3. 50750). Comercializadora Agricola Berries & [FR Doc. 04–907 Filed 1–14–04; 8:45 am] On November 20 and, further, on Fruit Ltda; December 12, 2003, the petitioners BILLING CODE 3510–DS–S Comercializadora de Alimentos del Sur requested that the Department extend Ltda.; the deadline for interested parties to Comercio y Servicios S.A.; DEPARTMENT OF COMMERCE withdraw review requests. In Copefrut S.A.; accordance with its regulatory C y C Group S.A.; International Trade Administration discretion in this respect, as detailed at Exportaciones Meyer S.A.; 19 CFR 351.213(d)(1) (2003), the [A–337–806] Exportadora Pentagro S.A.; Department granted the petitioners’ Francisco Nancuvilu Punsin; Individually Quick Frozen Red requests and extended the deadline for Frigorifico Ditzler Ltda.; Raspberries From Chile: Notice of interested parties to withdraw their Frutas de Guaico S.A.; Partial Rescission of Antidumping requests for review. See Memorandum Fruticola Viconto S.A.; Duty Administrative Review to the File dated November 20, 2003, Hassler Monckeberg S.A.; Request for Extension of Deadline for Hortifrut S.A.; AGENCY: Import Administration, Withdrawing from Review; see also Interagro Comercio Y Ganado S.A.; International Trade Administration, Memorandum to the File dated Kugar Export Ltda.; Department of Commerce. December 12, 2003, Second Request for Maria Teresa Ubilla Alarcon; ACTION: Notice of partial rescission of Extension of Deadline for Withdrawing Multifrigo Valparaiso S.A; first administrative review. from Review. Nevada Export S.A.; On January 2, 2004, we received Prima Agrotrading Ltda.; SUMMARY: In response to requests from comments from Valles Andinos S.A. Procesadora y Exportadora de Frutas y interested parties, the Department of (‘‘Valles Andinos’’) opposing any Vegetales; Commerce is conducting an potential request by the petitioners that Rio Teno S.A.; administrative review of the their request for review of that company Sociedad Agricola Valle del Laja Ltda.; antidumping duty order on individually be withdrawn. Sociedad Exportaciones Antiquina quick frozen red raspberries from Chile. On January 5, 2004, we received a Ltda.; This review covers sales of individually timely filed request from the petitioners Sociedad San Ernesto Ltda.; quick frozen red raspberries to the Terra Natur S.A.; United States during the period 1 These three companies were included in the Terrazas Export S.A.; December 31, 2001 through June 30, petitioners’ request for review of 51 companies. Valles Andinos S.A.

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Concerning Valles Andinos’ objection responsibility concerning the return or of Commerce, 14th Street and to the petitioners’ request to withdraw destruction of proprietary information Constitution Avenue, NW., Washington, the review with respect to Valles disclosed under APO in accordance DC 20230; telephone: (202) 482–3853 or Andinos, we note that Valles Andinos with 19 CFR 351.305, which continues (202) 482–1276, respectively. did not itself request an administrative to govern business proprietary SUPPLEMENTARY INFORMATION: review. Rather, the review was information in this segment of the requested solely by the petitioners. proceeding. Timely written notification Background Therefore, because the petitioners of the return/destruction of APO On November 15, 1999, the requested a review of Valles Andinos materials or conversion to judicial Department of Commerce (the and subsequently withdrew that request protective order is hereby requested. ‘‘Department’’) published the final in a timely fashion, we are rescinding Failure to comply with the regulations results of administrative review of the the administrative review with respect and terms of an APO is a violation antidumping duty order on tapered to Valles Andinos, as indicated above. which is subject to sanction. roller bearings and parts thereof, The following companies remain This notice is issued and published in finished and unfinished (‘‘TRB’’), from respondents in this administrative accordance with section 777(i) of the the People’s Republic of China covering review: Olmue, SANCO, Vital Berry, Tariff Act of 1930, as amended and 19 the period June 1, 1997, through May and Uren Chile. CFR 351.213(d)(4). 31, 1998. See Tapered Roller Bearings and Parts Thereof, Finished and Dated: January 9, 2004. Assessment Unfinished, From the People’s Republic The Department will instruct U.S. James J. Jochum, of China; Final Results of 1997–1998 Customs and Border Protection (‘‘CBP’’) Assistant Secretary for Import Antidumping Duty Administrative to assess antidumping duties on all Administration. Review and Final Results of New appropriate entries. For those [FR Doc. 04–906 Filed 1–14–04; 8:45 am] Shipper Review, 64 FR 61837 companies for which this review is BILLING CODE 3510–DS–P (November 15, 1999) (‘‘Final Results’’). rescinded, antidumping duties shall be Luoyang Bearing Factory and the assessed at rates equal to the cash Timken Company contested the deposit of estimated antidumping duties DEPARTMENT OF COMMERCE Department’s decision in the Final Results. In issuing its decision in this required at the time of entry, or International Trade Administration withdrawal from warehouse, for case, the United States Court of consumption, in accordance with 19 [A–570–601] International Trade (‘‘CIT’’) instructed CFR 351.212(c)(1)(I). the Department to exclude the category The Department will issue Tapered Roller Bearings and Parts ‘‘consumption of traded goods’’ from the appropriate assessment instructions Thereof, Finished and Unfinished, direct input costs used in the directly to the CBP within 15 days of From the People’s Republic of China: calculation of the surrogate overhead, publication of this notice. Amended Final Results of profit, and SG&A ratios used in the Antidumping Administrative Review Department’s antidumping duty margin Cash Deposit Rates calculations. AGENCY: Import Administration, For the companies for which this The Department issued final results of International Trade Administration, redetermination pursuant to remand on review is rescinded, the cash deposit Department of Commerce. rate will continue to be 6.33 percent, the December 30, 2002, and on July 14, ‘‘all others’’ rate established in the less- ACTION: Notice of final court decision 2003. The CIT affirmed the than-fair-value investigation. See Notice and amended final results of Department’s final remand results and of Amended Final Determination of administrative review. dismissed the case on October 27, 2003. See Luoyang Bearing Factory v. United Sales at Less Than Fair Value: IQF Red SUMMARY: The United States Court of States, Slip Op. 03–141 (CIT October 27, Raspberries From Chile, 67 FR 40270 International Trade has affirmed the 2003). There was no appeal to the (June 12, 2002). Department of Commerce’s final remand United States Court of Appeals for the These cash deposit requirements shall results affecting the final weighted- Federal Circuit. As there is now a final remain in effect until publication of the average margins for the 1997–1998 and conclusive court decision in this final results of the next administrative administrative review of the action, we are amending our final review. antidumping duty order on tapered results of review and we will instruct roller bearings and parts thereof, Notification to Importers the U.S. Customs and Border Protection finished and unfinished, from the This notice serves as a reminder to (‘‘CBP’’) to liquidate entries subject to People’s Republic of China. There was importers of their responsibility under this review. no appeal to the United States Court of 19 CFR 351.402(f)(2) to file a certificate Appeals for the Federal Circuit. As there Amendment to Final Results regarding the reimbursement of is now a final and conclusive court antidumping duties prior to liquidation Pursuant to section 516A(e) of the decision in this case, we are amending of the relevant entries during this Tariff Act of 1930, as amended (the the final results of review and we will review period. Failure to comply with ‘‘Act’’), we are now amending the final instruct the U.S. Customs and Border this requirement could result in the results of administrative review of the Protection to liquidate entries subject to Secretary’s presumption that antidumping duty order of TRBs from this review. The period of review is June reimbursement of antidumping duties the People’s Republic of China for the 1, 1997, through May 31, 1998. occurred and the subsequent assessment period of review June 1, 1997, through of doubled antidumping duties. EFFECTIVE DATE: January 15, 2004. May 31, 1998. In the Final Results, we FOR FURTHER INFORMATION CONTACT: S. established antidumping duty margins Notification Regarding APOs Anthony Grasso or Andrew Smith, AD/ for Luoyang Bearing Factory This notice also serves as a reminder CVD Enforcement Group I, Office 1, (‘‘Luoyang’’) and Premier Bearing and to parties subject to administrative Import Administration, International Equipment, Ltd. (‘‘Premier’’). protective orders (‘‘APOs’’) of their Trade Administration, U.S. Department Accordingly, we are amending the

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antidumping duty margins for Luoyang ADDRESSES: Written comments on the study is part of a larger survey program and Premier consistent with those final modification request should be sent to designed to monitor land use actions on results of redetermination pursuant to the Arcata Field Office, Protected all federal lands covered by the remand. Resources Division, NMFS, 1655 Northwest Forest Plan (NWFP). The The revised weighted-average Heidon Road, Arcata, CA, 95521. applicant proposes to use single pass dumping margins for Luoyang and Comments may also be sent via fax to electrofishing as the method of capture. Premier are as follows: 707 825 4840. Comments will not be Permit 1463 will expire December 31, accepted if submitted via e-mail or the 2006. Weighted- Internet. average Dated: January 9, 2004. Exporter/manufacturer margin per- The permit application and related Phil Williams, centage documents are available for review, by Chief, Endangered Species Division, Office appointment at the Arcata Field Office, of Protected Resources, National Marine Luoyang Bearing Factory ...... 5.15 Protected Resources Division, NMFS, Fisheries Service. Premier Bearing and Equip- 1655 Heidon Road, Arcata, CA, 95521, ment, Ltd...... 24.55 [FR Doc. 04–908 Filed 1–14–04; 8:45 am] (ph: 707–825–5180; fax: 707 825 4840). BILLING CODE 3510–22–S The Department will issue FOR FURTHER INFORMATION CONTACT: appraisement instructions directly to Karen Hans at 707–825–5180, or e-mail: the CBP. The Department will instruct [email protected]. DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: CBP to assess appropriate antidumping National Oceanic and Atmospheric duties on the relevant entries of the Authority Administration subject merchandise covered by this review. Issuance of permits and permit [I.D. 122203E] This notice is issued and published in modifications, as required by the accordance with section 751(a)(1) of the Endangered Species Act of 1973 (16 Endangered and Threatened Species; Act. U.S.C. 1531 1543) (ESA), is based on a Take of Anadromous Fish Dated: January 9, 2004. finding that such permits/modifications AGENCY: National Marine Fisheries (1) Are applied for in good faith, (2) James J. Jochum, Service (NMFS), National Oceanic and would not operate to the disadvantage Atmospheric Administration (NOAA), Assistant Secretary for Import of the listed species which are the Administration. Commerce. subject of the permits, and (3) are ACTION: Receipt of applications for [FR Doc. 04–905 Filed 1–14–04; 8:45 am] consistent with the purposes and BILLING CODE 3510–DS–P scientific research/enhancement permits policies set forth in section 2 of the (1464 and 1467); request for comment. ESA. Authority to take listed species is DEPARTMENT OF COMMERCE subject to conditions set forth in the SUMMARY: Notice is hereby given that permits. Permits and permit NMFS has received permit applications National Oceanic and Atmospheric modifications are issued in accordance from S.P. Cramer & Associates, Inc. (S.P. Administration with and are subject to the ESA and Cramer) in Chico, CA (1464), and A.P. NMFS regulations governing listed fish Klimley in Davis, CA (1467). The [I.D. 122203D] and wildlife permits (50 CFR parts 222– permits would affect federally Endangered and Threatened Species; 226). endangered Sacramento River winter- run Chinook salmon, threatened Central Take of Anadromous Fish This notice is relevant to the following ESU: Valley spring-run Chinook salmon, and AGENCY: National Marine Fisheries Coho salmon (Oncorhynchus kisutch): threatened Central Valley steelhead. Service (NMFS), National Oceanic and threatened Southern Oregon/Northern This document serves to notify the Atmospheric Administration (NOAA), California Coast (SONCC). public of the availability of the permit Commerce. Individuals requesting a hearing on applications for review and comment ACTION: Receipt of an application for a the application listed in this notice before a final approval or disapproval is scientific research/enhancement permit should set out in writing the specific made by NMFS. (1463); request for comment. reasons why a hearing on that DATES: Written comments must be application would be appropriate (see received at the appropriate address or SUMMARY: Notice is hereby given that ADDRESSES). The holding of such a fax number (see ADDRESSES) no later NMFS has received an application for a hearing is at the discretion of the than 5 p.m. Pacific Standard Time on permit from Ted Sedell, U. S. Forest Assistant Administrator for Fisheries, February 17, 2004. Service in Corvallis, OR (permit 1463). NOAA. All statements and opinions Written comments on the permit The permit would affect one contained in the permit action applications should be sent to the Evolutionarily Significant Unit (ESU) of summaries are those of the applicant Protected Resources Division, NMFS, salmonids identified in the and do not necessarily reflect the views 650 Capitol Mall, Suite 8–300, Supplementary Information section of of NMFS. Sacramento, CA 95814. Comments may this notice. This document serves to also be sent via fax to 916–930–3629. notify the public of the availability of Permit Application Received Comments will not be accepted if the permit application for review and Ted Sedell, U.S. Forest Service, submitted via e-mail or the Internet. The comment before a final approval or requests a permit for the take of 700 applications and related documents are disapproval is made by NMFS. juvenile ESA-listed SONCC coho also available for review by DATES: Written comments must be salmon associated with studies appointment, for permits 1464 and 1467 received at the appropriate address or assessing presence and population at the aforementioned address. fax number (see ADDRESSES) no later abundances of fish and amphibian FOR FURTHER INFORMATION CONTACT: than 5 p.m. Daylight Savings Time on species in selected streams/rivers Rosalie del Rosario at 916–930–3614, or February 17, 2004. throughout northern California. The e-mail: [email protected].

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SUPPLEMENTARY INFORMATION: Central Valley steelhead, with no more appointment during regular business than one third incidental mortality hours, at this address. Authority resulting from capture and release of FOR FURTHER INFORMATION CONTACT: Issuance of permits and permit fish. modifications, as required by the Kenneth R. Hollingshead, NMFS, (301) Dated: January 9, 2004. Endangered Species Act of 1973 (16 713–2322, ext 128. U.S.C. 1531 1543) (ESA), is based on a Phil Williams, SUPPLEMENTARY INFORMATION: finding that such permits/modifications Chief, Endangered Species Division, Office Background (1) are applied for in good faith, (2) of Protected Resources, National Marine Fisheries Service. would not operate to the disadvantage Sections 101(a)(5)(A) and (D) of the of the listed species which are the [FR Doc. 04–909 Filed 1–14–04; 8:45 am] MMPA (16 U.S.C. 1361 et seq.) direct subject of the permits, and (3) are BILLING CODE 3510–22–S the Secretary of Commerce to allow, consistent with the purposes and upon request, the incidental, but not policies set forth in section 2 of the DEPARTMENT OF COMMERCE intentional, taking of marine mammals ESA. Authority to take listed species is by U.S. citizens who engage in a subject to conditions set forth in the National Oceanic and Atmospheric specified activity (other than permits. Permits and permit Administration commercial fishing) within a specified modifications are issued in accordance geographical region if certain findings with and are subject to the ESA and are made and either regulations are [I.D. 120803A] NMFS regulations governing listed fish issued or, if the taking is limited to and wildlife permits (50 CFR parts 222– Taking of Marine Mammals Incidental harassment, a notice of a proposed 226). to Specified Activities; Brunswick authorization is provided to the public Individuals requesting a hearing on Harbor Deepening Project, Glynn for review. either or both of the applications listed County, Georgia Permission may be granted if NMFS in this notice should set out in writing finds that the taking will have a the specific reasons why a hearing on AGENCY: National Marine Fisheries negligible impact on the species or that application would be appropriate Service (NMFS), National Oceanic and stock(s) and will not have an (see ADDRESSES). The holding of such a Atmospheric Administration (NOAA), unmitigable adverse impact on the hearing is at the discretion of the Commerce. availability of the species or stock(s) for Assistant Administrator for Fisheries, ACTION: Notice of receipt of application subsistence uses and that the NOAA. All statements and opinions and proposed authorization for a small permissible methods of taking and contained in the permit action take exemption; request for comments. requirements pertaining to the summaries are those of the applicant monitoring and reporting of such and do not necessarily reflect the views SUMMARY: NMFS has received a request takings are set forth. NMFS has defined of NMFS. from the U.S. Army Corps of Engineers- ‘‘negligible impact’’ in 50 CFR 216.103 Species Covered in This Notice Savannah District (Corps) for an as ‘‘an impact resulting from the Incidental Harassment Authorization specified activity that cannot be This notice is relevant to federally (IHA) to take small numbers of marine endangered Sacramento River winter- reasonably expected to, and is not mammals, by harassment, incidental to reasonably likely to, adversely affect the run Chinook salmon (Oncorhynchus deepening the inner harbor portion of tshawytscha), threatened Central Valley species or stock through effects on the Brunswick Harbor in Glynn County, annual rates of recruitment or survival.’’ spring-run Chinook salmon (O. GA to a depth of -36 ft (-11 m) mean low Subsection 101(a)(5)(D) of the MMPA tshawytscha), and threatened Central water (MLW) in the inner harbor and established an expedited process by Valley steelhead (O. mykiss). -38 ft (-11.6 m) MLW across the bar which citizens of the United States can channel. Under the Marine Mammal Permit Applications Received apply for an authorization to Protection Act (MMPA), NMFS is S.P. Cramer requests a 5-year permit incidentally take small numbers of requesting comments on its proposal to (1464) to take juvenile Central Valley marine mammals by harassment. The issue a 1–year IHA, to the Corps to steelhead to monitor its migratory MMPA defines ‘‘harassment’’ as: incidentally take, by harassment, small behavior of O. mykiss in the Calaveras numbers of bottlenose dolphins any act of pursuit, torment, or annoyance River, CA. The applicant requests (Tursiops truncatus) as a result of which (i) has the potential to injure a marine authorization for an estimated annual conducting this activity. mammal or marine mammal stock in the wild take of 6,423 juvenile Central Valley [Level A harassment]; or (ii) has the potential steelhead (with 4.7 percent incidental DATES: Comments and information must to disturb a marine mammal or marine mortality) resulting from capturing, be received no later than February 17, mammal stock in the wild by causing tagging, and releasing fish. 2004. disruption of behavioral patterns, including, A.P. Klimley requests a 2-year permit ADDRESSES: Comments on the but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering (1467) to handle and release adult application should be addressed to [Level B harassment]. winter-run Chinook salmon, spring-run Michael Payne, Chief, Marine Mammal Chinook salmon, and Central Valley Conservation Division, Office of Subsection 101(a)(5)(D) establishes a steelhead that may be incidentally Protected Resources, NMFS, 1315 East- 45–day time limit for NMFS review of caught in nets deployed to capture green West Highway, Silver Spring, MD an application followed by a 30–day sturgeon (Acipenser medirostris) in the 20910–3225. Comments cannot be public notice and comment period on San Francisco Estuary and Sacramento accepted if submitted via e-mail or the any proposed authorizations for the River. Klimley requests authorization Internet. A copy of the application may incidental harassment of small numbers for an estimated annual take of 6 adult be obtained by writing to this address or of marine mammals. Within 45 days of Sacramento River winter-run Chinook by telephoning the contact listed here. the close of the comment period, NMFS salmon, 15 adult Central Valley spring- Publications referenced in this must either issue or deny issuance of run Chinook salmon, and 3 adult document are available for viewing, by the authorization.

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Summary of Request an example. For that project, the available at the previously mentioned On November 6, 2003, NMFS received maximum weight of the explosives used URL. for each event was 375 lbs (170 kg) and a request from the Corps for an IHA to Potential Effects on Marine Mammals take bottlenose dolphins incidental to the contractors detonated explosives once or twice daily from July 16 to Potential impacts to marine mammals deepening the inner harbor portion of from explosive detonations could Brunswick Harbor during the Brunswick September 9, for a total of 38 individual detonations. Normal practice is for each include both lethal and non-lethal Harbor Deepening Project in Glynn injury, as well as Level B harassment. County, GA. The Corps is proposing charge to be placed approximately 5 - 10 ft (1.5 - 3 m) deep depending on how Marine mammals may be killed or improvements to the existing navigation injured as a result of an explosive facilities at Brunswick Harbor. The much rock needs to be broken and how deep a depth is sought. The charges are detonation due to the response of air proposal is a 6–ft (1.8 m) deepening of placed in the holes and tamped with cavities in the body, such as the lungs the navigation channel from the inner rock. Therefore, if the total explosive and bubbles in the intestines. Effects are harbor across the bar channel to the weight needed is 375 lbs (170 kg) and more likely to be most severe in near ocean. The new authorized depth would they have 10 holes, they would average surface waters where the reflected shock range from a depth of -36 ft (-11 m) 37.5 lbs (17.0 kgs)/hole. However, the wave creates a region of negative MLW in the inner harbor and -38 ft (- weight for the Corps’ project in pressure called ‘‘cavitation.’’ 11.6 m) MLW across the bar channel. Brunswick Harbor is likely to be A second possible cause of mortality Completion of the dredging project is significantly less. Charge weight and is the onset of extensive lung likely to employ a cutterhead dredge other determinations are expected to be hemorrhage. Extensive lung hemorrhage and confined blasting. made by the Corps and the contractor is considered debilitating and The Corps’ proposed action is to approximately 30–60 days prior to potentially fatal. Suffocation caused by modify the Brunswick Harbor commencement of the construction lung hemorrhage is likely to be the Deepening Project to allow pretreatment project. Because the charge weight and major cause of marine mammal death (blasting) to improve performance of other information is not presently from underwater shock waves. The dredging. The proposal to allow blasting available, NMFS will require the Corps estimated range for the onset of during dredging operations is limited to provide this information to NMFS, extensive lung hemorrhage to marine only the central section of the inner including calculations for impact/ mammals varies depending upon the harbor work. The potential blast area mitigation zones (for the protection of animal’s weight, with the smallest runs primarily in a section of the South marine mammals and sea turtles from mammals having the greatest potential Brunswick River from near the mouth of injury), prior to issuance of the IHA. hazard range. Turtle River into St. Simons Sound, a NMFS’ criteria for determining non- length of approximately 26,500 ft (8077 Description of the Marine Mammals lethal injury (Level A harassment) from m), and includes the first 2,250 ft (685.8 Affected by the Activity explosives are the peak pressure that m) in East River and an addition 1000– General information on marine will result in: (1) the onset of slight lung ft (304.8 m) section about 6000 feet mammal species found off the hemorrhage, or (2) a 50–percent (1829 m) further upstream in East River. East Coast of the United States can be probability level for a rupture of the Approximately 590,000 cubic yards of found in Waring et al. (2001, 2002). This tympanic membrane. These are injuries material has been identified that may report is available at the following from which animals would be expected require blasting. No blasting would be location: http://www.nmfs.noaa.gov/ to recover on their own. NMFS has also allowed outside the reaches designated prot_res/PR2/ established dual criteria for what for blasting. Stock_Assessment_Program/sars.html constitutes Level B acoustic harassment: Pretreatment may include punch The only marine mammal species (1) an energy-based TTS (temporary barge or blasting. Impacts from punch likely to be found in Brunswick Harbor threshold shift) criterion from received barge operations are expected to be is the bottlenose dolphin and West sound levels 182 dB re 1 microPa2–sec similar to those for hydraulic cutterhead Indian manatee (Trichechus manatus cumulative energy flux in any 1/3 dredging. Material removed by dredging latirostris). Take authorizations for octave band above 100 Hz for after pretreatment will be placed in the manatees are issued by the U.S. Fish odontocetes (derived from experiments nearshore deposition areas near Jekyll and Wildlife Service (FWS). There is no with bottlenose dolphins (Ridgway et Island or other areas approved by the stock assessment available concerning al., 1997; Schlundt et al., 2000)); and (2) resource agencies. the status of bottlenose dolphins in the 12 psi peak pressure cited by Ketten The Corps expects the contractor will inshore and nearshore waters off (1995) as associated with a safe outer employ underwater dredging and Georgia. The Dolphin Project conducts limit for minimal, recoverable auditory confined blasting to construct the surveys for dolphins along the GA coast, trauma (i.e., TTS). The Level B project. Blasting has the potential to but they have not conducted any Harassment zone therefore is the have adverse impacts on bottlenose scientific surveys within the project minimum distance at which neither dolphins inhabiting the area near the area. Anecdotal information from criterion is exceeded. project. While the Corps does not Georgia Department of Natural presently have a blasting plan from the Resources indicates there may be up to Mitigation and Monitoring contractor, which will specifically about 30 individuals within the project In the absence of these acoustic identify the number of holes that will be area. The defined stocks of bottlenose measurements (because of the high cost drilled, the amount of explosives that dolphins that reside closest to the and complex instrumentation needed), will be used for each hole, the number project area are the western North in order to protect endangered, of blasts per day (usually no more than Atlantic coastal and offshore stocks of threatened and protected species three per day) or the number of days the bottlenose dolphins, with minimum (manatees, dolphins, sea turtles), the construction is anticipated to take to populations estimated to be 2,482 for following equations have been proposed complete, the Corps has provided a the coastal stock and 24,897 for the by the Corps for blasting projects to description of a completed project in offshore stock. Additional assessment determine zones for injury or mortality San Juan Harbor, Puerto Rico to use as information for these two stocks is from an open water explosion and to

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assist the Corps in establishing program that will establish both In the unlikely event a marine mitigation to reduce impacts to the caution- and safety- zone radii to ensure mammal or marine turtle is injured or lowest level practicable. These that bottlenose dolphins will not be killed during blasting, the Contractor equations are believed to be more injured during blasting and that impacts shall immediately notify the NMFS conservative than the dual criteria since will be at the lowest level practicable. Regional Office. they are based on (1) a species more Mitigation measures include: (1) Endangered Species Act sensitive than dolphins (humans) and confining the explosives in a hole with (2) unconfined charges and the drill patterns restricted to a minimum of Under section 7 of the ESA, NMFS proposed blasts in Brunswick Harbor 8 ft (2.44 m) separation from any other has begun consultation on the proposed will be confined (stemmed) charges. The loaded hole; (2) restricting the hours of issuance of an IHA under section equations are: detonation from 2 hours after sunrise to 101(a)(5)(D) of the MMPA for this Caution Zone radius = 260 (lbs/ 1 hr before sunset to ensure adequate activity. The Corps is consulting with delay)1⁄3 observation of marine mammals and sea FWS regarding effects on manatees. Safety Zone radius = 520 (lbs/delay)1⁄3 turtles in the safety zone; (3) staggering Consultation will be concluded prior to The caution zone represents the the detonation for each explosive hole issuance of an IHA. radius from the detonation beyond in order to spread the explosive’s total which mortality is not expected from an National Environmental Policy Act overpressure over time, which in turn (NEPA) open-water blast. The safety zone is the will reduce the radius of the caution approximate distance beyond which zone; (4) capping the hole containing The Corps prepared an Final non-serious injury (Level A harassment) explosives with rock in order to reduce Environmental Impact Statement (FEIS) is unlikely from an open-water the outward potential of the blast, in 1998 for the Brunswick Harbor explosion. These zones will be used for thereby reducing the chance of injuring Deepening Project. A copy of this implementing mitigation measures. a dolphin, manatee, or sea turtle; (5) document is available upon request (see In Brunswick Harbor (or any area matching, to the extent possible, the ADDRESSES). NMFS is reviewing this where explosives are required to obtain energy needed in the ‘‘work effort’’ of FEIS in relation to the Corps’ channel design depth), marine mammal/ the borehole to the rock mass to application and will determine the sea turtle protection measures will be minimize excess energy vented into the appropriate action to take under NEPA employed by the Corps. For each water column; and (6) conducting a prior to making a determination on the explosive charge, the Corps proposes issuance of an IHA. that detonation will not occur if a marine mammal/sea turtle watch with marine mammal is sighted by a no less than two qualified observers Preliminary Conclusions from a small water craft and/or an dedicated marine mammal/sea turtle NMFS has preliminarily determined elevated platform on the explosives observer within an area that is two times that the Corps’ proposed action, barge, from at least 30 minutes before to the caution zone (called the marine including mitigation measures to protect 30 minutes after each detonation to mammal safety zone) where the caution marine mammals, should result, at ensure that there are no marine zone is a circular area around the worst, in the temporary modification in mammals or sea turtles in the area at the detonation site with the following behavior by bottlenose dolphins, time of detonation. radius: R = 260(W)1/3 (260 times the including temporarily vacating the area, cube root of the weight of the explosive The observer monitoring program will may be made by these species to avoid charge in pounds) where: R = radius of take place in a circular area at least the blasting activity and the potential the caution zone in ft; W = weight of the three times the radius of the above for minor visual and acoustic explosive charge in lbs). described caution zone (called the disturbance from dredging and Although the caution zone is watch zone). Particular attention will be detonations. This action is expected to considered to be an area where placed in a circular area with a radius have a negligible impact on the affected mortality is possible, the Corps believes of two times the caution zone (the species or stocks of marine mammals. In that because all explosive charges will marine mammal safety zone). Any addition, no take by injury and/or death be stemmed (placed in a drilled hole marine mammal(s) in the caution zone, is anticipated, and harassment takes and tamped with rock), the areas for marine mammal safety zone, or watch will be at the lowest level practicable potential mortality and injury will be zone will not be forced to move out of due to incorporation of the mitigation significantly smaller than this zone and those zones by human intervention. measures described in this document. therefore it is unlikely that even non- Detonation will not occur until the serious injury would occur if, as is animal(s) move(s) out of the caution Proposed Authorization believed to be the case, monitoring this zone and safety zone on its own NMFS proposes to issue an IHA to the zone is effective. For example, since volition. Corps for the harassment of small bottlenose dolphins are commonly Reporting numbers of bottlenose dolphins found on the surface of the water, incidental to deepening the inner harbor implementation of a mitigation/ Because this project may take a period portion of Brunswick Harbor during the monitoring program is expected by of time longer than 1 year, NMFS is Brunswick Harbor Deepening Project in NMFS to be close to 100 percent proposing to issue a 1–year IHA with Glynn County, GA, provided the effective. the possibility for renewal upon previously mentioned mitigation, According to the Corps, bottlenose application from the Corps. NMFS monitoring, and reporting requirements dolphins and other marine mammals proposes to require the Corps to submit are incorporated. NMFS has have not been documented as being a report of activities 120 days before the preliminarily determined that the directly affected by dredging activities expiration of the proposed IHA if the proposed activity would result in the and therefore the Corps does not Corps plans to request a renewal of its harassment of only small numbers of anticipate any incidental harassment of IHA (and the proposed work has bottlenose dolphins and will have no bottlenose dolphins by dredging. started), or within 120 days after the more than a negligible impact on this The Corps proposes to implement expiration of the IHA if a renewal is not marine mammal stock. mitigation measures and a monitoring being requested. Information Solicited

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NMFS requests interested persons to Conducted Paramilitary Operations in DEPARTMENT OF DEFENSE submit comments, information, and Laos from 1961 Through 1974, When suggestions concerning this request (see the War in Laos Ended; and U.S. and Department of the Air Force ADDRESSES). Foreign Civilian Employees of Air HQ USAF Scientific Advisory Board Dated: January 8, 2004. America Who Were Flight Crew Laurie K. Allen, Personnel and Ground Support AGENCY: Department of the Air Force, Director, Office of Protected Resources, Personnel, as Described, and Conducted DoD. National Marine Fisheries Service. Paramilitary Operations in Vietnam ACTION: Notice of meeting. [FR Doc. 04–901 Filed 1–14–04; 8:45 am] From 1964 Through 1975, When Saigon BILLING CODE 3510–22–S Was Evacuated and Air America Flight SUMMARY: Pursuant to Public Law 92– Operations Ceased.’’ 463, notice is hereby given of the Persons with information or forthcoming meeting of the 1st ACC DEPARTMENT OF DEFENSE documentation pertinent to the Advisory Panel Meeting. The purpose of determination of whether the service of the meeting is to allow the SAB Department of the Air Force this group should be considered active leadership to advise the commander of military service to the Armed Forces of the 1st ACC Advisory Panel. Because Office of the Secretary of the Air Force; the United States are encouraged to classified and contractor-proprietary Acceptance of Group Application information will be discussed, this submit such information or Under Pub. L. 95–202 and Department meeting will be closed to the public. of Defense Directive (DODD) 1000.20 documentation within 60 days to the DoD Civilian/Military Service Review DATES: 6–7 January 2004. ‘‘The U.S. and Foreign Civilian Employees Board, 1535 Command Drive, EE-Wing, ADDRESSES: Bldg 205 Dodd Blvd., of CAT, Inc., Who Were Flight Crew 3rd Floor, Andrews AFB, MD 20762– Langley AFB, VA. Personnel (U.S. Pilots, Co-Pilots, Navigators 7002. Copies of documents or other Flight Mechanics, and Air Freight FOR FURTHER INFORMATION CONTACT: Maj Specialists) and Aviation Ground Support materials submitted cannot be returned. Tim Kelly, Air Force Scientific Advisory Personnel (U.S. Maintenance Supervisors, Pamela D. Fitzgerald, Board Secretariat, 1180 Air Force Operations Managers, and Flight Information Pentagon, Rm 5D982, Washington DC Center Personnel), and Conducted Air Force Federal Register Liaison Officer. 20330–1180, (703) 697–4811. Paramilitary Operations in Korea, French [FR Doc. 04–861 Filed 1–14–04; 8:45 am] Pamela D. Fitzgerald, Indochina, Tibet and Indonesia From 1950 BILLING CODE 5001–05–P Through 1959; and U.S. and Foreign Civilian Air Force Federal Register Liaison Officer. Employees of Air America Flight Who Were [FR Doc. 04–860 Filed 1–14–04; 8:45 am] Crew Personnel and Ground Support DEPARTMENT OF DEFENSE BILLING CODE 5001–05–P Personnel, as Described, Who Conducted Paramilitary Operations in Laos From 1961 Department of the Air Force Through 1974, When the War in Laos Ended; DEPARTMENT OF DEFENSE and U.S. and Foreign Civilian Employees of HQ USAF Scientific Advisory Board Air America Who Were Flight Crew Department of the Army Personnel and Ground Support Personnel, as AGENCY: Department of the Air Force, Described, and Conducted Paramilitary Performance Review Board Operations in Vietnam From 1964 Through DoD. 1975, When Saigon Was Evacuated and Air Membership for Headquarters, U.S. ACTION: America Flight Operations Ceased’’ Notice of meeting. Army Materiel Command

At the request of the application’s SUMMARY: Pursuant to Public Law 92– AGENCY: Department of the Army, DoD. author, the Department of Defense 463, notice is hereby given of the ACTION: Notice. Civilian/Military Service Review Board forthcoming meeting of the Secretary’s (C/MSRB) has amended the nature of an Advisory Group. The purpose of the SUMMARY: Notice is given of the names application and accepted it under the meeting is to allow the SAB to provide of members of a Performance Review provisions of Section 401, Public Law advice to the Secretary on short and Board for the Department of the Army. 95–202 and DoD Directive 1000.20. The EFFECTIVE DATE: January 12, 2004. application now includes ‘‘foreign’’ long-term policy and strategy issues for employees and, as amended, the C/ the Air Force. Because classified and FOR FURTHER INFORMATION CONTACT: MSRB has accepted an application on contractor-proprietary information will Marilyn Ervin, U.S. Army Senior behalf of a group known as: ‘‘The U.S. be discussed, this meeting will be Executive Service Office, Assistant and Foreign Civilian Employees of CAT, closed to the public. Secretary of the Army, Manpower & Reserve Affairs, 111 Army Pentagon, Inc., Who Were Flight Crew Personnel DATES: 26–30 January 2004. (U.S. Pilots, Co-Pilots, Navigators, Flight Washington, DC 20310–0111. Mechanics, and Air Freight Specialists) FOR FURTHER INFORMATION CONTACT: Lt SUPPLEMENTARY INFORMATION: Section and Aviation Ground Support Personnel Col Nowack, Air Force Scientific 4314(c)(1) through (5) of Title 5, U.S.C., (U.S. Maintenance Supervisors, Advisory Board Secretariat, 1180 Air requires each agency to establish, in Operations Managers, and Flight Force Pentagon, Rm 5D982, Washington accordance with regulations, one or Information Center Personnel) and DC 20330–1180, (703) 697–4811. more Senior Executive Service Conducted Paramilitary Operations in performance review boards. The boards Pamela D. Fitzgerald, Korea, French Indochina, Tibet and shall review and evaluate the initial Indonesia From 1950 Through 1959; Air Force Federal Register Liaison Officer. appraisal of senior executives’ and U.S. and Foreign Civilian [FR Doc. 04–859 Filed 1–14–04; 8:45 am] performance by supervisors and make Employees of Air America Who Were BILLING CODE 5001–05–P recommendations to the appointing Flight Crew Personnel and Ground authority or rating official relative to the Support Personnel, as Described, and performance of these executives.

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The members of the Performance public scoping meeting in Virginia will Operations during the annual Ship Review Board for the Headquarters, U.S. now be held at Warwick High School, Disposition Review (SDR) process, at Army Materiel Command are: 51 Copeland Lane, Newport News, VA which time a determination will be 1. Major General John Doesburg, on the same date and at the same time, made whether or not to extend the Commanding General, U.S. Army January 28, 2004 at 6 p.m. donation hold status. This notice of Research, Development and Engineering FOR FURTHER INFORMATION CONTACT: Mr. availability will expire in 6 months from (RDE) Command, Aberdeen Proving Peter Kube at the Corps of Engineers, the date of issue. Ground, Maryland. (757) 441–7504, Mr. Thomas O’Connell, FOR FURTHER INFORMATION CONTACT: 2. Mr. Michael C. Schexnayder, Fisheries Service, Maryland DNR, (410) Commander, Naval Sea Systems Associate Director for Systems Missiles, 260–8261, or Mr. Jack Travelstead, Command, ATTN: Ms. Gloria Carvalho Aviation and Missile RDE Center, Virginia Marine Resources Commission, (PMS 333G), 1333 Isaac Hull Ave, SE., Redstone Arsenal, Alabama. (757) 247–2247. Stop 2701, Washington Navy Yard, DC 3. Dr. Robin Buckelew, Director for Luz D. Ortiz, 20376–2701, telephone number (202) Missile Guidance, Aviation and Missile 781–0485. RDE Center, Redstone Arsenal, Army Federal Register Liaison Officer. Alabama. [FR Doc. 04–884 Filed 1–14–04; 8:45 am] Dated: December 31, 2003. 4. Mr. Jerry Chapin, Deputy to the BILLING CODE 3710–EN–M J.T. Baltimore, Commander, U.S. Army Tank- Lieutenant Commander, Judge Advocate automotive & Armaments Command, General’s Corps, U.S. Navy, Alternate Federal Warren, Michigan. DEPARTMENT OF DEFENSE Register Liaison Officer. 5. Dr. James Chang, Director, Army [FR Doc. 04–872 Filed 1–14–04; 8:45 am] Research Office, Research Triangle Park, Department of the Navy BILLING CODE 3810–FF–P North Carolina. Notice of Availability for Donation of 6. Mr. Michael A. Parker, Deputy to the Amphibious Assault Ship ex-NEW DEPARTMENT OF ENERGY the Commander, U.S. Army Soldier & ORLEANS (LPH 11) and the Aircraft Biological Chemical Command, Carrier ex-RANGER (CV 61) Aberdeen Proving Ground, Maryland. Federal Energy Regulatory AGENCY: Department of the Navy, DOD. Commission Luz D. Ortiz, ACTION: Notice. Army Federal Register Liaison Officer. [Project No. 2516] [FR Doc. 04–883 Filed 1–14–04; 8:45 am] SUMMARY: The Department of the Navy Allegheny Energy Supply Company, BILLING CODE 3710–08–M hereby gives notice of the availability LLC; Notice of Authorization for for donation, under the authority of 10 Continued Project Operation U.S.C. section 7306, of the amphibious DEPARTMENT OF DEFENSE assault ship ex-NEW ORLEANS (LPH January 7, 2004. 11) located at the MARAD National On December 17, 2001, Allegheny Department of the Army; Corps of Defense Reserve Fleet, Suisun Bay, Energy Supply Company, LLC, licensee Engineers Benecia, CA and of the aircraft carrier for the Dam No. 4 Hydro Station Project ex-RANGER (CV 61) located at the No. 2516, filed an application for a new Intent To Prepare a Programmatic NAVSEA Inactive Ships On-Site or subsequent license pursuant to the Environmental Impact Statement for a Maintenance Office, Bremerton, Federal Power Act (FPA) and the Proposed Introduction of the Oyster Washington. Eligible recipients include: Commission’s regulations thereunder. Species, Crassostrea ariakensis, Into (1) Any State, Commonwealth, or Project No. 2516 is located on the the Tidal Waters of Maryland and possession of the United States or any Potomac River in Berkeley and Jefferson Virginia To Establish a Naturalized, municipal corporation or political Counties, West Virginia. Reproducing, and Self-Sustaining subdivision thereof; (2) the District of The license for Project No. 2516 was Population of This Oyster Species; Columbia; or (3) any organization issued for a period ending December 31, Correction incorporated as a non-profit entity 2003. Section 15(a)(1) of the FPA, 16 AGENCY: Department of the Army; U.S. under section 501 of the Internal U.S.C. 808(a)(1), requires the Army Corps of Engineers, DoD. Revenue Code. The transfer of a ship for Commission, at the expiration of a ACTION: Notice; meeting location donation under 10 U.S.C section 7306 license term, to issue from year to year correction. shall be made at no cost to the United an annual license to the then licensee States government. The donee will be under the terms and conditions of the SUMMARY: The public scoping meeting required to maintain the ship as a static prior license until a new license is scheduled at the MD DNR in the Tawes museum/memorial in a condition that is issued, or the project is otherwise Building, Annapolis, Maryland 21401 satisfactory to the Secretary of the Navy. disposed of as provided in section 15 or on January 26, 2004 at 7 p.m. and the Prospective donees must submit a any other applicable section of the FPA. public scoping meeting scheduled at the comprehensive application that If the project’s prior license waived the VMRC offices at 2600 Washington addresses the significant financial, applicability of section 15 of the FPA, Avenue, Newport News, Virginia on technical, environmental and curatorial then, based on section 9(b) of the January 28, 2004 at 6 p.m. published in responsibilities associated with donated Administrative Procedure Act, 5 U.S.C. the Federal Register on Monday, Navy ships. Further application 558(c), and as set forth at 18 CFR January 5, 2004 (Vol. 69 FR 330) have information can be found on the Navy 16.21(a), if the licensee of such project been moved. The public scoping Ship Donation Program Web site at has filed an application for a subsequent meeting in Maryland will now be held http://www.navsea.navy.mil/ndp. All license, the licensee may continue to at the Radisson Hotel Annapolis, 210 vessels currently in a donation hold operate the project in accordance with Holiday Court, Annapolis, Maryland status, including the ex-NEW ORLEANS the terms and conditions of the license 21401 on the same date and at the same (LPH 11) and the ex-RANGER (CV 61), after the minor or minor part license time, January 26, 2004 at 7 p.m. The will be reviewed by the Chief of Naval expires, until the Commission acts on

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its application. If the licensee of such a The license for Project No. 2517 was DEPARTMENT OF ENERGY project has not filed an application for issued for a period ending December 31, a subsequent license, then it may be 2003. Section 15(a)(1) of the FPA, 16 Federal Energy Regulatory required, pursuant to 18 CFR 16.21(b), U.S.C. 808(a)(1), requires the Commission to continue project operations until the Commission, at the expiration of a Commission issues someone else a license term, to issue from year to year [Docket No. RP99–301–101] license for the project or otherwise an annual license to the then licensee orders disposition of the project. under the terms and conditions of the ANR Pipeline Company; Notice of If the project is subject to section 15 prior license until a new license is Negotiated Rate Filing of the FPA, notice is hereby given that issued, or the project is otherwise an annual license for Project No. 2516 disposed of as provided in section 15 or January 7, 2004. any other applicable section of the FPA. is issued to Allegheny Energy Supply Take notice that on December 31, If the project’s prior license waived the Company, LLC for a period effective 2003, ANR Pipeline Company, (ANR) applicability of section 15 of the FPA, January 1, 2004, through December 31, tendered for filing two (2) negotiated 2004, or until the issuance of a new then, based on section 9(b) of the Administrative Procedure Act, 5 U.S.C. rate agreements between ANR and license for the project or other ConocoPhillips Company pursuant to disposition under the FPA, whichever 558(c), and as set forth at 18 CFR 16.21(a), if the licensee of such project ANR’s Rate Schedule ITS. ANR tenders comes first. If issuance of a new license these agreements, as well as a related (or other disposition) does not take has filed an application for a subsequent license, the licensee may continue to Lease Dedication Agreement, pursuant place on or before January 1, 2005, to its authority to enter into negotiated notice is hereby given that, pursuant to operate the project in accordance with the terms and conditions of the license rate agreements. ANR requests that the 18 CFR 16.18(c), an annual license Commission accept and approve the under section 15(a)(1) of the FPA is after the minor or minor part license agreements to be effective February 1, renewed automatically without further expires, until the Commission acts on 2004. order or notice by the Commission, its application. If the licensee of such a unless the Commission orders project has not filed an application for Any person desiring to be heard or to otherwise. a subsequent license, then it may be protest said filing should file a motion If the project is not subject to section required, pursuant to 18 CFR 16.21(b), to intervene or a protest with the 15 of the FPA, notice is hereby given to continue project operations until the Federal Energy Regulatory Commission, that Allegheny Energy Supply Commission issues someone else a 888 First Street, NE., Washington, DC Company, LLC is authorized to continue license for the project or otherwise 20426, in accordance with sections operation of the Dam No. 4 Hydro orders disposition of the project. 385.214 or 385.211 of the Commission’s Station Project No. 2516 until such time If the project is subject to section 15 rules and regulations. All such motions of the FPA, notice is hereby given that as the Commission acts on its or protests must be filed in accordance an annual license for Project No. 2517 application for subsequent license. with section 154.210 of the is issued to Allegheny Energy Supply Commission’s regulations. Protests will Magalie R. Salas, Company, LLC for a period effective be considered by the Commission in Secretary. January 1, 2004 through December 31, determining the appropriate action to be [FR Doc. E4–54 Filed 01–14–04; 8:45 am] 2004, or until the issuance of a new taken, but will not serve to make license for the project or other BILLING CODE 6717–01–P protestants parties to the proceedings. disposition under the FPA, whichever Any person wishing to become a party comes first. If issuance of a new license must file a motion to intervene. This (or other disposition) does not take DEPARTMENT OF ENERGY filing is available for review at the place on or before January 1, 2005, Commission in the Public Reference Federal Energy Regulatory notice is hereby given that, pursuant to Room or may be viewed on the Commission 18 CFR 16.18(c), an annual license Commission’s Web site at http:// under section 15(a)(1) of the FPA is www.ferc.gov using the eLibrary. Enter [Project No. 2517] renewed automatically without further order or notice by the Commission, the docket number excluding the last Allegheny Energy Supply Company, unless the Commission orders three digits in the docket number field LLC; Notice of Authorization for otherwise. to access the document. For assistance, Continued Project Operation If the project is not subject to section please contact FERC Online Support at 15 of the FPA, notice is hereby given [email protected] or toll- January 7, 2004. that Allegheny Energy Supply free at (866) 208-3676, or TTY, contact On December 17, 2001, Allegheny Company, LLC is authorized to continue (202) 502-8659. The Commission Energy Supply Company, LLC, licensee operation of the Dam No. 5 Hydro strongly encourages electronic filings. for the Dam No. 5 Hydro Station Project Station Project No. 2517 until such time See, 18 CFR 385.2001(a)(1)(iii) and the No. 2517, filed an application for a new as the Commission acts on its instructions on the Commission’s Web or subsequent license pursuant to the application for subsequent license. site under the e-Filing link. Federal Power Act (FPA) and the Magalie R. Salas, Commission’s regulations thereunder. Magalie R. Salas, Project No. 2517 is located on the Secretary. Secretary. Potomac River in Berkeley County, West [FR Doc. E4–55 Filed 01–14–04; 8:45 am] [FR Doc. E4–69 Filed 01–14–04; 8:45 am] Virginia. BILLING CODE 6717–01–P BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Comment Date: January 14, 2004.

Federal Energy Regulatory Federal Energy Regulatory Magalie R. Salas, Commission Commission Secretary. [FR Doc. E4–60 Filed 01–14–04; 8:45 am] BILLING CODE 6717–01–P [Docket No. RP99-301-102] [Docket No. RP04–132–000]

ANR Pipeline Company; Notice Of Columbia Gas Transmission DEPARTMENT OF ENERGY Negotiated Rate Filing Corporation; Notice of Penalty Revenue Crediting Report Federal Energy Regulatory January 7, 2004. Commission Take notice that on December 31, January 7, 2004. [Docket No. RP95–408–056] 2003, ANR Pipeline Company (ANR) Take notice that on December 31, tendered for filing and approval four 2003, Columbia Gas Transmission Columbia Gas Transmission amendments to existing negotiated rate Corporation (Columbia) states that Corporation; Notice of Compliance service agreements between ANR and pursuant to section 19.6 of the General Filing Wisconsin Gas Company. Terms and Conditions (GTC) of its FERC Gas Tariff, Second Revised Volume No. January 7, 2004. ANR requests that the Commission 1, Columbia must file a report with the Take notice that on December 31, accept and approve the subject Commission within 60 days of the close 2003, Columbia Gas Transmission negotiated rate agreement amendments of each Columbia contract year Corporation (Columbia) tendered for to be effective January 1, 2004. (November 1 to October 31) showing filing as part of its FERC Gas Tariff, Any person desiring to be heard or to any Penalty Revenues it has received Second Revised Volume No. 1, the protest said filing should file a motion during the contract year, any Columbia following revised tariff sheets, bearing a to intervene or a protest with the costs netted against the Penalty proposed effective date of February 1, Federal Energy Regulatory Commission, Revenues, and the resulting Penalty 2004: 888 First Street, NE., Washington, DC Revenue credits due to Non-Penalized Sixty-seventh Revised Sheet No. 25 20426, in accordance with sections Shippers for each month of the contract Sixty-seventh Revised Sheet No. 26 385.214 or 385.211 of the Commission’s year. Columbia states that it is providing Sixty-seventh Revised Sheet No. 27 rules and regulations. All such motions the attached Penalty Revenue Crediting Fifty-sixth Revised Sheet No. 28 or protests must be filed in accordance Report for the 2002–2003 contract year. Eighth Revised Sheet No. 28B Fifth Revised Sheet No. 29A with section 154.210 of the Columbia states that copies of its Thirty-first Revised Sheet No. 30A Commission’s regulations. Protests will filing have been mailed to all firm be considered by the Commission in customers, interruptible customers and Columbia states that this filing is determining the appropriate action to be affected State commissions. being submitted pursuant to an Order taken, but will not serve to make issued September 15, 1999, by the Any person desiring to be heard or to Commission approving an uncontested protestants parties to the proceedings. protest said filing should file a motion settlement that resolves environmental Any person wishing to become a party to intervene or a protest with the cost recovery issues in the above- must file a motion to intervene. This Federal Energy Regulatory Commission, referenced proceeding. Columbia Gas filing is available for review at the 888 First Street, NE., Washington, DC Transmission Corporation, 88 FERC Commission in the Public Reference 20426, in accordance with sections ¶ 61,217 (1999). The settlement Room or may be viewed on the 385.214 or 385.211 of the Commission’s established environmental cost recovery Commission’s Web site at http:// rules and regulations. All such motions through unit components of base rates, www.ferc.gov using the eLibrary. Enter or protests must be filed on or before the all as more fully set forth in Article VI the docket number excluding the last date as indicated below. Protests will be of the settlement agreement filed April three digits in the docket number field considered by the Commission in 5, 1999 (Phase I Settlement). to access the document. For assistance, determining the appropriate action to be Columbia states that copies of its please contact FERC Online Support at taken, but will not serve to make filing have been mailed to all firm [email protected] or toll- protestants parties to the proceedings. customers, interruptible customers and free at (866) 208-3676, or TTY, contact Any person wishing to become a party affected State commissions. (202) 502-8659. The Commission must file a motion to intervene. This Any person desiring to protest said strongly encourages electronic filings. filing is available for review at the filing should file a protest with the See, 18 CFR 385.2001(a)(1)(iii) and the Commission in the Public Reference Federal Energy Regulatory Commission, instructions on the Commission’s Web Room or may be viewed on the 888 First Street, NE., Washington, DC site under the e-Filing link. Commission’s Web site at http:// 20426, in accordance with section www.ferc.gov using the eLibrary. Enter 385.211 of the Commission’s rules and Magalie R. Salas, the docket number excluding the last regulations. All such protests must be Secretary. three digits in the docket number field filed in accordance with section 154.210 [FR Doc. E4–70 Filed 01–14–04; 8:45 am] to access the document. For assistance, of the Commission’s regulations. BILLING CODE 6717–01–P please contact FERC Online Support at Protests will be considered by the [email protected] or toll- Commission in determining the free at (866) 208–3676, or TTY, contact appropriate action to be taken, but will (202) 502–8659. The Commission not serve to make protestants parties to strongly encourages electronic filings. the proceedings. This filing is available See, 18 CFR 385.2001(a)(1)(iii) and the for review at the Commission in the instructions on the Commission’s Web Public Reference Room or may be site under the e-Filing link. viewed on the Commission’s Web site at

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http://www.ferc.gov using the eLibrary Any person wishing to become a party considered by the Commission in link. Enter the docket number excluding must file a motion to intervene. This determining the appropriate action to be the last three digits in the docket filing is available for review at the taken, but will not serve to make number field to access the document. Commission in the Public Reference protestants parties to the proceedings. For assistance, please contact FERC Room or may be viewed on the Any person wishing to become a party Online Support at Commission’s Web site at http:// must file a motion to intervene. This [email protected] or toll- www.ferc.gov using the eLibrary. Enter filing is available for review at the free at (866) 208–3676, or TTY, contact the docket number excluding the last Commission in the Public Reference (202) 502–8659. The Commission three digits in the docket number field Room or may be viewed on the strongly encourages electronic filings. to access the document. For assistance, Commission’s Web site at http:// See, 18 CFR 385.2001(a)(1)(iii) and the please contact FERC Online Support at www.ferc.gov using the eLibrary. Enter instructions on the Commission’s Web [email protected] or toll- the docket number excluding the last site under the e-Filing link. free at (866) 208–3676, or TTY, contact three digits in the docket number field (202) 502–8659. The Commission to access the document. For assistance, Magalie R. Salas, strongly encourages electronic filings. please contact FERC Online Support at Secretary. See, 18 CFR 385.2001(a)(1)(iii) and the [email protected] or toll- [FR Doc. E4–65 Filed 01–14–04; 8:45 am] instructions on the Commission’s Web free at (866) 208–3676, or TTY, contact BILLING CODE 6717–01–P site under the e-Filing link. (202) 502–8659. The Commission Comment Date: January 14, 2004. strongly encourages electronic filings. See, 18 CFR 385.2001(a)(1)(iii) and the Magalie R. Salas, DEPARTMENT OF ENERGY instructions on the Commission’s Web Secretary. Federal Energy Regulatory site under the e-Filing link. [FR Doc. E4–61 Filed 01–14–04; 8:45 am] Comment Date: January 14, 2004. Commission BILLING CODE 6717–01–P [Docket No. RP04–133–000] Magalie R. Salas, Secretary. Columbia Gulf Transmission DEPARTMENT OF ENERGY [FR Doc. E4–62 Filed 01–14–04; 8:45 am] Company; Notice of Penalty Revenue BILLING CODE 6717–01–P Crediting Report Federal Energy Regulatory Commission January 7, 2004. [Docket No. RP04–134–000] DEPARTMENT OF ENERGY Take notice that on December 31, 2003, Columbia Gulf Transmission Crossroads Pipeline Company; Notice Federal Energy Regulatory Company (Columbia Gulf) states that of Penalty Revenue Crediting Report Commission pursuant to section 19.6 of the General [Docket No. RP04–131–000] Terms and Conditions (GTC) of its FERC January 7, 2004. Gas Tariff, Second Revised Volume No. Take notice that on December 31, Florida Gas Transmission Company; 1, it must file a report with the 2003, Crossroads Pipeline Company Notice of Filing of Annual Report Commission within 60 days of the close (Crossroads) states that pursuant to of each Columbia Gulf contract year section 19.6 of the General Terms and January 7, 2004. (November 1 to October 31) showing Conditions (GTC) of its FERC Gas Tariff, Take notice that on December 31, any Penalty Revenues it has received First Revised Volume 1, it must file a 2003, Florida Gas Transmission during the contract year, any Columbia report with the Commission within 60 Company (FGT) tendered for filing, Gulf costs netted against the Penalty days of the close of each Crossroads pursuant to section 19.1 of the General Revenues, and the resulting Penalty contract year (November 1 to October Terms and Conditions (GTC) of its FERC Revenue credits due to Non-Penalized 31) showing any Penalty Revenues it Gas Tariff, Third Revised Volume No. 1, Shippers for each month of the contract has received during the contract year, schedules detailing certain information year. Columbia Gulf states that it is any Crossroads costs netted against the related to its Cash-Out Mechanism, Fuel providing the Penalty Revenue Penalty Revenues, and the resulting Resolution Mechanism and Balancing Crediting Report for the 2002–2003 Penalty Revenue credits due to Non- Tools charges for the accounting months contract year. Penalized Shippers for each month of October 2002 through September 2003. Columbia Gulf states that copies of its the contract year. Crossroads states that No tariff changes are proposed. filing have been mailed to all firm it is providing the attached Penalty FGT states that it has recorded excess customers, interruptible customers and Revenue Crediting Report for the 2002– revenues of $2,036,432 during the affected state commissions. 2003 contract year. current Settlement Period, which when Any person desiring to be heard or to Crossroads states that copies of its combined with the $4,373,252 net protest said filing should file a motion filing have been mailed to all firm deficiency carried forward from the to intervene or a protest with the customers, interruptible customers and preceding Settlement Period and Federal Energy Regulatory Commission, affected State commissions. interest of $224,230, result in a 888 First Street, NE., Washington, DC Any person desiring to be heard or to cumulative net cost balance of 20426, in accordance with sections protest said filing should file a motion $2,561,050 as of September 30, 2003. 385.214 or 385.211 of the Commission’s to intervene or a protest with the Any person desiring to be heard or to rules and regulations. All such motions Federal Energy Regulatory Commission, protest said filing should file a motion or protests must be filed on or before the 888 First Street, NE., Washington, DC to intervene or a protest with the date as indicated below. Protests will be 20426, in accordance with sections Federal Energy Regulatory Commission, considered by the Commission in 385.214 or 385.211 of the Commission’s 888 First Street, NE., Washington, DC determining the appropriate action to be rules and regulations. All such motions 20426, in accordance with sections taken, but will not serve to make or protests must be filed on or before the 385.214 or 385.211 of the Commission’s protestants parties to the proceedings. date as indicated below. Protests will be rules and regulations. All such motions

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or protests must be filed on or before the Commission’s regulations. Protests will proposed rate increase is necessary to date as indicated below. Protests will be be considered by the Commission in recover the higher actual costs of considered by the Commission in determining the appropriate action to be constructing the Eastchester Project, as determining the appropriate action to be taken, but will not serve to make well as allocated administrative and taken, but will not serve to make protestants parties to the proceedings. general costs, direct operation and protestants parties to the proceedings. Any person wishing to become a party maintenance costs, taxes, depreciation Any person wishing to become a party must file a motion to intervene. This expense based on Iroquois’ approved must file a motion to intervene. This filing is available for review at the transportation depreciation rate, and an filing is available for review at the Commission in the Public Reference adequate return on its investment. Commission in the Public Reference Room or may be viewed on the Any person desiring to be heard or to Room or may be viewed on the Commission’s Web site at http:// protest said filing should file a motion Commission’s Web site at http:// www.ferc.gov using the eLibrary. Enter to intervene or a protest with the www.ferc.gov using the eLibrary. Enter the docket number excluding the last Federal Energy Regulatory Commission, the docket number excluding the last three digits in the docket number field 888 First Street, NE., Washington, DC three digits in the docket number field to access the document. For assistance, 20426, in accordance with sections to access the document. For assistance, please contact FERC Online Support at 385.214 or 385.211 of the Commission’s please contact FERC Online Support at [email protected] or toll- rules and regulations. All such motions [email protected] or toll- free at (866) 208–3676, or TTY, contact or protests must be filed in accordance free at (866) 208–3676, or TTY, contact (202) 502–8659. The Commission with section 154.210 of the (202) 502–8659. The Commission strongly encourages electronic filings. Commission’s regulations. Protests will strongly encourages electronic filings. See, 18 CFR 385.2001(a)(1)(iii) and the be considered by the Commission in See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s Web determining the appropriate action to be instructions on the Commission’s Web site under the e-Filing link. taken, but will not serve to make site under the e-Filing link. protestants parties to the proceedings. Magalie R. Salas, Comment Date: January 14, 2004. Any person wishing to become a party Secretary. must file a motion to intervene. This Magalie R. Salas, [FR Doc. E4–53 Filed 01–14–04; 8:45 am] filing is available for review at the Secretary. BILLING CODE 6717–01–P Commission in the Public Reference [FR Doc. E4–59 Filed 01–14–04; 8:45 am] Room or may be viewed on the BILLING CODE 6717–01–P Commission’s Web site at http:// DEPARTMENT OF ENERGY www.ferc.gov using the eLibrary. Enter the docket number excluding the last DEPARTMENT OF ENERGY Federal Energy Regulatory Commission three digits in the docket number field Federal Energy Regulatory to access the document. For assistance, [Docket No. RP04–136–000] Commission please contact FERC Online Support at [email protected] or toll- [Docket No. RP99–518–054] Iroquois Gas Transmission System, free at (866) 208–3676, or TTY, contact L.P.; Notice of Proposed Changes in (202) 502–8659. The Commission Gas Transmission Northwest FERC Gas Tariff strongly encourages electronic filings. Corporation; Notice of Negotiated See, 18 CFR 385.2001(a)(1)(iii) and the Rates January 7, 2004. Take notice that on January 2, 2004, instructions on the Commission’s Web January 7, 2004. Iroquois Gas Transmission System, L.P. site under the e-Filing link. Take notice that on December 31, (Iroquois) tendered for filing as part of Magalie R. Salas, 2003, Gas Transmission Northwest its FERC Gas Tariff, First Revised Secretary. Corporation (GTN) tendered for filing to Volume No. 1, Original Sheet No. 4C, [FR Doc. E4–64 Filed 01–14–04; 8:45 am] be part of its FERC Gas Tariff, Third proposed to become effective on Revised Volume No.1–A, Fourth February 2, 2004. BILLING CODE 6717–01–P Revised Sheet No. 15, to become Iroquois states that the proposed effective January 1, 2004. changes would increase revenues from DEPARTMENT OF ENERGY GTN states that this sheet is being service on Iroquois’ Eastchester filed to reflect the continuation of a Extension Project (Eastchester Project) Federal Energy Regulatory negotiated rate agreement pursuant to by $16,990,556 million, based on the 12- Commission evergreen provisions contained in the month period ended September 30, agreement. 2003, as adjusted for changes projected [Docket No. RP97–81–015] GTN further states that a copy of this to occur through June 30, 2004. filing has been served on GTN’s Iroquois states that the purpose of its Kinder Morgan Interstate Gas jurisdictional customers and interested filing is to establish incremental rates Transmission LLC; Notice of state regulatory agencies. for the Eastchester Project, and resulting Negotiated Rates Any person desiring to be heard or to secondary access rates to Eastchester protest said filing should file a motion capacity from Iroquois’ existing, non- January 7, 2004. to intervene or a protest with the expansion system. Iroquois further Take notice that on December 31, Federal Energy Regulatory Commission, states that its rate filing is consistent 2003, Kinder Morgan Interstate Gas 888 First Street, NE., Washington, DC with the Commission’s directives in the Transmission LLC (KMIGT) tendered for 20426, in accordance with sections Eastchester certificate orders in Docket filing as part of its FERC Gas Tariff, 385.214 or 385.211 of the Commission’s No. CP00–232, and with section 1.2 of Fourth Revised Volume No. 1-A, Tenth rules and regulations. All such motions Iroquois’ August 29, 2003, rate Revised Sheet No. 4G, Third Revised or protests must be filed in accordance settlement in Docket No. RP03–589. Sheet No. 4H, to be effective January 1, with section 154.210 of the Additionally, Iroquois states that the 2004.

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KMIGT states that the tariff sheets are DEPARTMENT of ENERGY on Appendix B to the filing to become being filed pursuant to section 36 of effective February 1, 2004. Federal Energy Regulatory KMIGT’s FERC Gas Tariff Fourth Texas Eastern states that these revised Commission Revised Volume No. 1-B, and the tariff sheets are filed pursuant to Section procedures prescribed by the [Docket No. RP03–135–000] 15.1, Electric Power Cost (EPC) Commission in its December 31, 1996 Adjustment, of the General Terms and ‘‘Order Accepting Tariff Filing Subject Southern Star Central Gas Pipeline; Conditions of Texas Eastern’s FERC Gas to Conditions’’, in Docket No. RP97–81 Notice of Informal Settlement Tariff, Seventh Revised Volume No. 1. (77 FERC ¶ 61,350) and the Conference Commission’s Letter Orders dated Texas Eastern states that Section 15.1 March 28, 1997, and November 30, January 7, 2004. provides that Texas Eastern shall file, to 2000, in Docket Nos. RP97–81–001, and Take notice that an informal be effective each February 1, revised RP01–70–000, respectively. settlement conference will be convened rates for each applicable zone and rate KMIGT states that a copy of this filing in these proceedings commencing at 1 schedule based upon the projected has been served upon all parties to this p.m. on January 12, 2004, at the offices annual electric power costs required for proceeding, KMIGT’s customers and of the Federal Energy Regulatory the operation of transmission affected State commissions. Commission, 888 First Street, NE., compressor stations with electric motor Any person desiring to be heard or to Washington, DC 20426, for the purpose prime movers. Texas Eastern further protest said filing should file a motion of exploring the possible settlement of states that the revised tariff sheets also to intervene or a protest with the the above-referenced dockets. reflect the EPC Surcharge, which is Federal Energy Regulatory Commission, Any party, as defined by 18 CFR designed to clear the balance in the 888 First Street, NE., Washington, DC 385.102(c), or any participant as defined 20426, in accordance with sections by 18 CFR 385.102(b), is invited to Deferred EPC Account. 385.214 or 385.211 of the Commission’s attend. Persons wishing to become a Texas Eastern states that all costs of rules and regulations. All such motions party must move to intervene and electric power compression required for or protests must be filed in accordance receive intervenor status pursuant to the the incremental services under the with section 154.210 of the Commission’s regulations (18 CFR TIME and Freehold Projects are Commission’s regulations. Protests will 385.214). appropriately assigned to the be considered by the Commission in For additional information, please incremental projects as required by the determining the appropriate action to be contact Lorna Hadlock (202) 502–8737, Commission Orders certificating the taken, but will not serve to make e-mail [email protected]. TIME and Freehold Projects. protestants parties to the proceedings. Any person wishing to become a party Magalie R. Salas, Texas Eastern states that the proposed must file a motion to intervene. This Secretary. rate changes to the primary firm filing is available for review at the [FR Doc. E4–57 Filed 01–14–04; 8:45 am] capacity reservation charges, usage rates Commission in the Public Reference BILLING CODE 6717–01–P and 100% load factor average costs Room or may be viewed on the reflected on the revised tariff sheets, for Commission’s Web site at http:// example, for full Access Area Boundary www.ferc.gov using the eLibrary. Enter DEPARTMENT OF ENERGY service from the Access Area Zone, East the docket number excluding the last Louisiana, to the three market area Federal Energy Regulatory three digits in the docket number field zones are as follows: to access the document. For assistance, Commission please contact FERC Online Support at [Docket No. RP04–129–000] [email protected] or toll- free at (866) 208–3676, or TTY, contact Texas Eastern Transmission, LP; (202) 502–8659. The Commission Notice of Proposed Changes in FERC strongly encourages electronic filings. Gas Tariff See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s Web January 7, 2004. site under the e-Filing link. Take notice that on December 30, 2003, Texas Eastern Transmission, LP Magalie R. Salas, (Texas Eastern) tendered for filing as Secretary. part of its FERC Gas Tariff, Seventh [FR Doc. E4–68 Filed 01–14–04; 8:45 am] Revised Volume No. 1 and First Revised BILLING CODE 6717–01–P Volume No. 2, revised tariff sheets listed

100% load Zone Reservation Usage factor

Market 1 ...... $0.008/Dth $0.0002/Dth $0.0005/Dth Market 2 ...... 0.024/Dth 0.0007/Dth 0.0015/Dth Market 3 ...... 0.033/Dth 0.0011/Dth 0.0022/Dth

Texas Eastern states that copies of its Any person desiring to be heard or to 20426, in accordance with Sections filing have been mailed to all affected protest said filing should file a motion 385.214 or 385.211 of the Commission’s customers and interested state to intervene or a protest with the Rules and Regulations. All such motions commissions. Federal Energy Regulatory Commission, or protests must be filed in accordance 888 First Street, NE., Washington, DC with Section 154.210 of the

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Commission’s Regulations. Protests will Any person desiring to be heard or to tendered tariff sheets may become be considered by the Commission in protest said filing should file a motion effective December 31, 2003. determining the appropriate action to be to intervene or a protest with the TransColorado states that a copy of taken, but will not serve to make Federal Energy Regulatory Commission, this filing has been served upon all protestants parties to the proceedings. 888 First Street, NE., Washington, DC parties to this proceeding, Any person wishing to become a party 20426, in accordance with sections TransColorado’s customers, the must file a motion to intervene. This 385.214 or 385.211 of the Commission’s Colorado Public Utilities Commission filing is available for review at the rules and regulations. All such motions and the New Mexico Public Utilities Commission in the Public Reference or protests must be filed in accordance Commission. Room or may be viewed on the with section 154.210 of the Any person desiring to protest said Commission’s Web site at http:// Commission’s regulations. Protests will filing should file a protest with the www.ferc.gov using the eLibrary. Enter be considered by the Commission in Federal Energy Regulatory Commission, the docket number excluding the last determining the appropriate action to be 888 First Street, NE., Washington, DC three digits in the docket number field taken, but will not serve to make 20426, in accordance with section to access the document. For assistance, protestants parties to the proceedings. 385.211 of the Commission’s rules and please contact FERC Online Support at Any person wishing to become a party regulations. All such protests must be [email protected] or toll- must file a motion to intervene. This filed in accordance with section 154.210 free at (866) 208–3676, or TTY, contact filing is available for review at the of the Commission’s regulations. (202) 502–8659. The Commission Commission in the Public Reference Protests will be considered by the strongly encourages electronic filings. Room or may be viewed on the Commission in determining the See, 18 CFR 385.2001(a)(1)(iii) and the Commission’s Web site at http:// appropriate action to be taken, but will instructions on the Commission’s web www.ferc.gov using the eLibrary. Enter not serve to make protestants parties to site under the e-Filing link. the docket number excluding the last the proceedings. This filing is available three digits in the docket number field for review at the Commission in the Magalie R. Salas, to access the document. For assistance, Public Reference Room or may be Secretary. please contact FERC Online Support at viewed on the Commission’s Web site at [FR Doc. E4–58 Filed 01–14–04; 8:45 am] [email protected] or toll- http://www.ferc.gov using the eLibrary BILLING CODE 6717–01–P free at (866) 208–3676, or TTY, contact link. Enter the docket number excluding (202) 502–8659. The Commission the last three digits in the docket strongly encourages electronic filings. number field to access the document. DEPARTMENT OF ENERGY See, 18 CFR 385.2001(a)(1)(iii) and the For assistance, please contact FERC Online Support at Federal Energy Regulatory instructions on the Commission’s Web [email protected] or toll- Commission site under the e-Filing link. free at (866) 208–3676, or TTY, contact Magalie R. Salas, (202) 502–8659. The Commission [Docket No. RP00–426–017] Secretary. strongly encourages electronic filings. [FR Doc. E4–56 Filed 01–14–04; 8:45 am] See, 18 CFR 385.2001(a)(1)(iii) and the Texas Gas Transmission, LLC; Notice BILLING CODE 6717–01–P instructions on the Commission’s Web of Negotiated Rate Agreement site under the e-Filing link. January 7, 2004. DEPARTMENT OF ENERGY Magalie R. Salas, Take notice that on January 5, 2004, Secretary. Texas Gas Transmission, LLC (Texas Federal Energy Regulatory [FR Doc. E4–66 Filed 01–14–04; 8:45 am] Gas), submitted for filing a Negotiated Commission Rate Agreement with Indiana Utilities BILLING CODE 6717–01–P Corporation (IUC). [Docket No. RP97–255–061] Texas Gas states that the purpose of DEPARTMENT OF ENERGY this filing is to file a copy of a TransColorado Gas Transmission Negotiated Rate Agreement between Company; Notice of Compliance Filing Federal Energy Regulatory Texas Gas and IUC establishing Commission negotiated rates applicable to January 7, 2004. transportation under its Small Customer Take notice that on December 31, [Docket No. RP04–136–000] General Transportation (SGT) service 2003, TransColorado Gas Transmission Williston Basin Interstate Pipeline agreement. Company (TransColorado) tendered for Company; Notice of Tariff Filing Texas Gas states that this Negotiated filing as part of its FERC Gas Tariff, First Rate Agreement is being submitted in Revised Volume No. 1, Fifth Revised January 7, 2004. compliance with ‘‘Section 38. Sheet No. 21 and Original Sheet No. 22B Take notice that on December 31, Negotiated Rates’’ of the General Terms to be effective December 31, 2003. 2003, Williston Basin Interstate Pipeline and Conditions (GT&C) of Texas Gas’s TransColorado states that the filing is Company (Williston Basin), tendered for FERC Gas Tariff, Second Revised No. 1, being made in compliance with the filing with the Commission negotiated and the Commission’s modified policy Commission’s Letter Order issued Rate Schedule FT–1 service agreements on negotiated rates (104 FERC ¶ 61,134 March 20, 1997, in Docket No. RP97– associated with its Grasslands Pipeline (2003)). 255–000. Project in Docket Nos. CP02–37–000, et Texas Gas states that copies of this TransColorado states that the al. filing are being mailed to all parties on tendered tariff sheets propose to revise Any person desiring to be heard or to the official service list in this docket, to TransColorado’s Tariff to reflect a protest said filing should file a motion Texas Gas’s official service list, to Texas negotiated-rate contract with Red Cedar to intervene or a protest with the Gas’s jurisdictional customers, and to Gathering. TransColorado requested a Federal Energy Regulatory Commission, interested state commissions. waiver of 18 CFR 154.207 so that the 888 First Street, NE., Washington, DC

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20426, in accordance with sections or protests must be filed in accordance 2. National Energy Generating 385.214 or 385.211 of the Commission’s with section 154.210 of the Company, LLC, National Energy rules and regulations. All such motions Commission’s regulations. Protests will Generating Holdings, Inc,. La Paloma or protests must be filed in accordance be considered by the Commission in Power Corporation, La Paloma with section 154.210 of the determining the appropriate action to be Generating Company, LLC Commission’s regulations. Protests will taken, but will not serve to make [Docket No. EC04–49–000] be considered by the Commission in protestants parties to the proceedings. determining the appropriate action to be Any person wishing to become a party Take notice that on December 30, taken, but will not serve to make must file a motion to intervene. This 2003, National Energy Generating protestants parties to the proceedings. filing is available for review at the Company, LLC, National Energy Any person wishing to become a party Commission in the Public Reference Generating Holdings, Inc., La Paloma must file a motion to intervene. This Room or may be viewed on the Power Corporation and La Paloma filing is available for review at the Commission’s Web site at http:// Generating Company, LLC, as agent for Commission in the Public Reference www.ferc.gov using the eLibrary. Enter La Paloma Generating Trust Ltd., each a Room or may be viewed on the the docket number excluding the last wholly-owned indirect subsidiary of Commission’s Web site at http:// three digits in the docket number field National Energy & Gas Transmission, www.ferc.gov using the eLibrary. Enter to access the document. For assistance, Inc., filed with the Federal Energy the docket number excluding the last please contact FERC Online Support at Regulatory Commission an application three digits in the docket number field [email protected] or toll- pursuant to Section 203 of the Federal to access the document. For assistance, free at (866) 208–3676, or TTY, contact Power Act for authorization for a please contact FERC Online Support at (202) 502–8659. The Commission proposed intra-corporate reorganization. [email protected] or toll- strongly encourages electronic filings. Comment Date: January 20, 2004. free at (866) 208–3676, or TTY, contact See, 18 CFR 385.2001(a)(1)(iii) and the 3. Lake Road Trust Ltd., The (202) 502–8659. The Commission instructions on the Commission’s Web Connecticut Light and Power Company strongly encourages electronic filings. site under the e-Filing link. See, 18 CFR 385.2001(a)(1)(iii) and the [Docket No. EC04–50–000] instructions on the Commission’s Web Magalie R. Salas, Take notice that on December 30, site under the e-Filing link. Secretary. 2003, Lake Road Trust Ltd. (Lake Road) [FR Doc. E4–67 Filed 01–14–04; 8:45 AM] and The Connecticut Light and Power Magalie R. Salas, BILLING CODE 6717–01–P Company (CL&P) (together, Applicants), Secretary. filed with the Federal Energy Regulatory [FR Doc. E4–63 Filed 01–14–04; 8:45 am] Commission an application pursuant to BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Section 203 of the Federal Power Act for authorization to transfer certain Federal Energy Regulatory jurisdictional facilities held by Lake DEPARTMENT OF ENERGY Commission Road to CL&P. Federal Energy Regulatory [Docket No. EC04–487–000, et al.] Comment Date: January 20, 2004. Commission National Energy Generating Company, 4. Quachita Power, LLC Complainant, [Docket No. RP97–28–011] LLC, et al.; Electric Rate and Corporate v. Entergy Louisiana, Inc. and Entergy Filings Services, Inc. Respondents Wyoming Interstate Company, Ltd; [Docket No. EL04–49–000] Notice of Negotiated Rates January 8, 2004. The following filings have been made Take notice that on January 7, 2004, January 7, 2004. with the Commission. The filings are Quachita Power, LLC (Quachita) filed a Take notice that on December 31, listed in ascending order within each complaint against Entergy Louisiana, 2003, Wyoming Interstate Company, docket classification. Inc. and Entergy Services, Inc. (together, Ltd. (WIC) tendered for filing as part of Entergy) relating to the payment of its FERC Gas Tariff, Second Revised 1. National Energy Generating transmission credits and interest under Volume No. 2, the following tariff Company, LLC, Peach IV Power the Interconnection and Operating sheets, with an effective date of January Corporation, Black Hawk III Power Agreement between Quachita and 1, 2004: Corporation, Lake Road Generating Entergy. Company, L.P. Second Revised Sheet No. 102 Comment Date: January 27, 2004. Second Revised Sheet No. 108 through 109 [Docket No. EC04–48–000] 5. Public Service Electric and Gas Third Revised Sheet No. 110 Take notice that on December 30, Second Revised Sheet No. 111 through 114 Company and PSEG Energy Resources 2003, National Energy Generating & Trade LLC WIC states that these tariff sheets Company, LLC, Peach IV Power implement one new negotiated rate Corporation, Black Hawk III Power [Docket Nos. ER99–3151–003 and ER99–837– transaction, update an existing Corporation, and Lake Road Generating 004] transaction, and remove several expired Company, L.P., as agent for Lake Road Take notice that on December 30, transactions. Trust Ltd., each a wholly-owned 2003, Public Service Electric and Gas Any person desiring to be heard or to indirect subsidiary of National Energy & Company and PSEG Energy Resources & protest said filing should file a motion Gas Transmission, Inc., filed with the Trade LLC submitted a compliance to intervene or a protest with the Federal Energy Regulatory Commission filing in response to the Commission’s Federal Energy Regulatory Commission, an application pursuant to Section 203 November 17, 2003 Order Amending 888 First Street, NE., Washington, DC of the Federal Power Act for Market-based Rate Tariffs and 20426, in accordance with sections authorization for a proposed intra- Authorizations in Docket Nos. EL01– 385.214 or 385.211 of the Commission’s corporate reorganization. 118–000 and 001. rules and regulations. All such motions Comment Date: January 20, 2004. Comment Date: January 20, 2004.

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6. Alliant Energy Corporate Services, with ISO New England, Inc., Exelon December 29, 2003, between Central Inc. New Boston, Electric Rate Schedule Hudson and West Delaware Hydro [Docket No. ER03–762–003] FERC No. 3. Exelon New Boston Associates L.P. (West Delaware), requests an effective date of January 1, together with an Amended and Restated Take notice that on December 23, 2004. Hydroelectric Power Project Output 2003, Alliant Energy Corporate Services, Exelon New Boston states that copies Sales Agreement, dated November 1, Inc. (AESC) submitted for filing Original of the filing have been mailed to the ISO 1998, between Central Hudson and West Sheet Nos. 27 and 28 under FERC New England, Inc., and to each affected Delaware. Central Hudson has requested Electric Tariff Volume No. 1, pursuant state regulatory agency. an effective date of January 1, 2004. to Commission Order issued December Comment Date: January 20, 2004. Central Hudson states that the 11, 2003 in Docket No. EL01–118–000, tendered agreements provide for et. al. 11. Illinois Power Company Comment Date: January 13, 2004. interconnection service and power sales [Docket No. ER047–345–000] by West Delaware to Central Hudson 7. New York Independent System Take notice that on December 30, from West Delaware’s approximately 7.5 Operator, Inc. 2003, Illinois Power Company (Illinois MW hydroelectric facility located at the [Docket No. ER03–766–002] Power) tendered for filing five executed West Delaware Water Tunnel outlet in Sullivan County, New York. Central Take notice that on December 30, service agreements for Network Hudson states that West Delaware is a 2003, the New York Independent Integration Transmission Service qualifying facility under the Public System Operator, Inc., filed its report on (Service Agreements), subject to Illinois Utility Regulatory Policies Act of 1978, the operation of scarcity pricing and Power’s Open Access Transmission which makes the interconnection and Special Case Resources/Emergency Tariff (OATT). The service agreements power sales service subject to New York Demand Response Program pricing from are the following: (1) First Revised State jurisdiction. However, Central June 23, 2003 through November 30, Service Agreement for Network Hudson states that, in the near future, 2003. Integration Transmission Service Comment Date: January 20, 2004. entered into by Illinois Power and The West Delaware intends to become a Cincinnati Gas & Electric Company market participant under the New York 8. New York Independent System (CG&E), PSI Energy, Inc. (PSI), and Independent System Operator’s Market Operator, Inc. Cinergy Services, Inc., as agent for and Administration and Control Area [Docket No. ER04–54–001] on behalf of CG&E and PSI, dated Services Tariff on file with the Take notice that on December 30, November 24, 2003 (designated as First Commission, which will subject Central 2003, the New York Independent Revised Service Agreement No. 338); (2) Hudson’s interconnection service to the System Operator, Inc. (NYISO), Fourth Revised Service Agreement for Commission’s jurisdiction. Accordingly, tendered for filing a compliance filing in Network Integration Transmission Central Hudson has filed the referenced connection with the Commission’s Service entered into by Illinois Power agreements for Commission review. December 15, 2003 order issued in and Illinois Municipal Electric Agency, Comment Date: January 20, 2004. ER04–54–000. dated December 24, 2003 (designated as 13. Ameren Services Company The NYISO states that it has served a Fourth Revised Service Agreement No. copy of the filing on all parties listed on 270); (3) Second Revised Service [Docket No. ER04–347–000] the official service list in Docket No. Agreement for Network Integration Take notice that on December 30, ER04–54–000, on all parties that have Transmission Service entered into by 2003, Ameren Services Company (ASC) executed Service Agreements under the Illinois Power and Southern Illinois tendered for filing an executed Network NYISO’s Open-Access Transmission Power Cooperative, Inc., dated Integration Transmission Service Tariff or Services Tariff, the New York December 17, 2003 (designated Second Agreement and Network Operating State Public Service Commission and Revised Service Agreement No. 243); (4) Agreement between ASC and Wabash the electric regulatory agencies in New First Revised Service Agreement for Valley Power Association. ASC asserts Jersey and Pennsylvania. Network Integration Transmission that the purpose of the Agreement is to Comment Date: January 20, 2004. Service entered into by Illinois Power permit ASC to provide transmission and Soyland Power Cooperative, Inc., service to Wabash Valley Power 9. GPU Advanced Resources, Inc. dated December 23, 2003 (designated as Association pursuant to Ameren’s Open [Docket No. ER04–343–000] First Revised Service Agreement No. Access Transmission Tariff Take notice that on December 30, 355); and (5) Second Revised Service Comment Date: January 20, 2004. Agreement for Network Integration 2003, GPU Advanced Resources, Inc. 14. The Detroit Edison Company (GPU AR) submitted a notice of Transmission Service entered into by cancellation of its market-based rate Illinois Power and Wabash Valley [Docket No. ER04–348–000] sales tariff, GPU Advanced Resources, Power Association, dated November 24, Take notice that on December 30, Inc., Rate Schedule FERC No. 1. 2003 (designated Second Revised 2003, The Detroit Edison Company GPU AR states that it has served Service Agreement No. 353). (Detroit Edison) tendered for filing a copies of the filing on regulators in Comment Date: January 20, 2004. Service Agreement for Ancillary Pennsylvania and New Jersey. 12. Central Hudson Gas & Electric Services By and Between Detroit Edison Comment Date: January 20, 2004. Corporation Company and the Midwest Independent Transmission System Operator, Inc., 10. Exelon New Boston, LLC [Docket No. ER04–346–000] acting as agent on behalf of certain of its [Docket No. ER04–344–000] Take notice that on December 30, Transmission Customers, dated Take notice that on December 30, 2003, Central Hudson Gas & Electric December 1, 2003 (the Agreement). The 2003, Exelon New Boston, LLC (Exelon Corporation (Central Hudson) tendered Agreement is being filed as Service New Boston), tendered for filing a for filing an executed First Amendment Agreement No. 1 under Detroit Edison’s proposed amendment and restatement to Amended and Restated Power Project Ancillary Services Tariff. of its reliability must-run agreement Output Sales Agreement, dated Comment Date: January 20, 2004.

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15. Golden Spread Electric Cooperative, electricity to Select Energy, Inc. in order on the date that the provisions in the Inc. to withdraw a Power Supply Agreement October 16, 2003, filing became [Docket No. ER04–349–000] on file with the Commission. NGC effective. requests an effective date of December The NYISO states that it has served a Take notice that on December 30, 31, 2003. 2003, Golden Spread Electric copy of this filing upon all parties that NGC states that a copy of the filing Cooperative, Inc. (Golden Spread), have executed Service Agreements was mailed to Select Energy, Inc. tendered for filing Amendments to First under the NYISO’s OATT or Services Comment Date: January 20, 2004. Revised Rates Schedule Nos. 25 and 27. Tariff, the New York State Public Golden Spread states that the filing will 19. Southern Company Services, Inc. Service Commission, and the electric allow Golden Spread Member Greenbelt [Docket No. ER04–353–000] utility regulatory agencies in New Jersey Electric Cooperative, Inc. to change and Pennsylvania. power delivery points from its Take notice that on December 30, Dedicated Service Rate Schedule to its 2003, Southern Company Services, Inc., Comment Date: January 20, 2004. System Service Rate Schedule and will acting on behalf of Alabama Power 22. Michael J. Chesser allow Golden Spread Member Company, Georgia Power Company, Lighthouse Electric Cooperative, Inc. to Gulf Power Company, Mississippi [Docket No. ID–3966–001] Power Company, and Savannah Electric add delivery points to its System Take notice that on December 30, and Power Company (collectively, Service Rate Schedule. Golden Spread 2003, Michael J. Chesser filed with the Southern Companies), filed two rollover requests an effective date of January 1, Federal Energy Regulatory Commission 2004, subject to receipt of necessary transmission service agreements under the Open Access Transmission Tariff of an application for authority to hold Lender approvals. interlocking positions under Section Comment Date: January 20, 2004. Southern Companies, FERC Electric Tariff, Fourth Revised Volume No. 5. 305(b) of the Federal Power Act. 16. XL Trading Partners America LLC Comment Date: January 20, 2004. Comment Date: January 20, 2004. [Docket No. ER04–350–000] 20. Wisconsin Power and Light Standard Paragraph Take notice that on December 30, Company 2003, XL Trading Partners America LLC Any person desiring to intervene or to [Docket No. ER04–355–000] (XL Trading America) petitioned the protest this filing should file with the Commission for acceptance of XL Take notice that on December 30, Federal Energy Regulatory Commission, Trading America’s Rate Schedule FERC 2003, Wisconsin Power and Light 888 First Street, NE., Washington, DC No. 1; the granting of certain blanket Company (WPL) on its own behalf and 20426, in accordance with Rules 211 approvals, including the authority to on behalf of Municipal Wholesale and 214 of the Commission’s Rules of sell electricity at market-based rates; Power Group, and Wisconsin Public Practice and Procedure (18 CFR 385.211 and the waiver of certain Commission Power Inc. (the Parties) submitted an and 385.214). Protests will be amendment to the settlement agreement regulations. considered by the Commission in among the Parties on file with the Comment Date: January 20, 2004. determining the appropriate action to be Commission. WPL states that the 17. Monongahela Power Company taken, but will not serve to make amendment is memorialized in a letter protestants parties to the proceeding. [Docket No. ER04–351–000] agreement among the Parties dated Any person wishing to become a party Take notice that on December 30, December 17, 2003. must file a motion to intervene. All such 2003, Allegheny Energy Service Comment Date: January 20, 2004. motions or protests should be filed on Corporation on behalf of Monongahela 21. New York Independent System or before the comment date, and, to the Power Company (Mon Power), doing Operator, Inc. business as Allegheny Power, tendered extent applicable, must be served on the for filing pursuant to the Federal Energy [Docket No. ER04–356–000] applicant and on any other person Regulatory Commission’s regulations, Take notice that on December 30, designated on the official service list. 18 CFR 35.15, a Notice of Termination 2003, the New York Independent This filing is available for review at the of Monongahela Power Company, Rate System Operator, Inc. (NYISO), filed Commission or may be viewed on the Schedule FERC Nos. 53, 54 and 55 modifications to its October 16, 2003, Commission’s Web site at http:// consisting of Power Service Agreements filing in which the NYISO proposed to www.ferc.gov, using the ‘‘FERRIS’’ link. between Mon Power and the City of revise its Open Access Transmission Enter the docket number excluding the Philippi, Harrison Rural Electrification Tariff (OATT) and Market last three digits in the docket number Association and the City of New Administration and Control Area filed to access the document. For Martinsville, respectively. Mon Power Services Tariff (Services Tariff) to (1) assistance, call (202) 502–8222 or TTY, states that the Agreements terminated establish Congestion Shortfall Charges (202) 502–8659. Protests and by their own terms effective on and Congestion Surplus Payments, and interventions may be filed electronically November 30, 2003. (2) establish Auction Shortfall Charges via the Internet in lieu of paper; see 18 Comment Date: January 20, 2004. and Auction Surplus Payments. NYISO CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s Web 18. Northeast Generation Company states that the modifications will correct the OATT and Services Tariff to exclude site under the ‘‘e-Filing’’ link. The [Docket No. ER04–352–000] the effect of phase angle regulator Commission strongly encourages Take notice that on December 30, schedule changes in calculating electronic filings. 2003, Northeast Generation Company Congestion Shortfall Charges, (NGC) submitted pursuant to Section Congestion Surplus Payments, Auction Magalie R. Salas, 205 of the Federal Power Act and Part Shortfall Charges, and Auction Surplus Secretary. 35 of the Commission’s regulations rate Payments. The NYISO has requested [FR Doc. E4–50 Filed 1–14–04; 8:45 am] schedule modifications for sale of that the modifications become effective BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY [Docket Nos. ER97–4281–013, ER99–2161– motions or protests should be filed on 004, ER99–3000–002, ER02–1572–001, or before the comment date, and, to the Federal Energy Regulatory ER02–1571–001, ER00–2810–002, ER99– extent applicable, must be served on the Commission 4359–001, ER99–4358–001, ER99–2168–004, applicant and on any other person ER99–2162–004, ER00–2807–002, ER00– 2809–002, ER00–1259–002, ER98–2259–003, designated on the official service list. [Docket No. EL04–45–000, et al.] ER99–2602–003, ER00–2448–002, ER02– This filing is available for review at the 538–001, ER02–566–001, ER99–4355–001, Commission or may be viewed on the Vermont Electric Cooperative, Inc., et ER99–4356–001, ER01–1558–001, ER00– Commission’s Web site at http:// al.; Electric Rate and Corporate Filings 3160–002, ER02–320–004, ER02–321–004, www.ferc.gov, using the ‘‘FERRIS’’ link. ER02–322–004, ER99–4357–001, ER02– Enter the docket number excluding the January 7, 2004. 1055–001, ER01–2969–002, ER00–2313–002, last three digits in the docket number ER02–1395–001, ER02–1056–001, ER03– The following filings have been made filed to access the document. For 955–003, ER02–68–002, ER02–2032–001, assistance, call (202) 502–8222 or TTY, with the Commission. The filings are ER02–1054–001, ER02–1396–001, ER02– listed in ascending order within each 1412–001, ER00–3718–002, ER99–3637–002, (202) 502–8659. Protests and docket classification. ER99–1712–004, and ER00–2808–002] interventions may be filed electronically Take notice that on December 17, via the Internet in lieu of paper; see 18 1. Vermont Electric Cooperative, Inc. 2003, the above-captioned NRG CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s Web [Docket No. EL04–45–000] Companies submitted for filing revised market-based rate tariffs to reflect that site under the ‘‘e-Filing’’ link. The Take notice that on December 24, the NRG Companies are no longer Commission strongly encourages 2003, Vermont Electric Cooperative, Inc. affiliated with Xcel Energy, Inc., and in electronic filings. (VEC) tendered for filing a Request for response to the Commission’s November Magalie R. Salas, Waiver of Requirements of Order Nos. 17 Order Amending Market-based Rate Secretary. 889, 2004 and 2001. The Vermont Tariffs and Authorizations in Docket [FR Doc. E4–51 Filed 01–14–04; 8:45 am] Public Service Board and the Vermont Nos. EL01–118–000 and 001. BILLING CODE 6717–01–P Department of Public Service were Comment Date: January 20, 2004. mailed copies of this filing. 3. Alliant Energy Corporate Services, Comment Date: January 23, 2004. Inc. DEPARTMENT OF ENERGY 2. NRG Power Marketing Inc., Arthur [Docket No. ER02–762–004] Federal Energy Regulatory Kill Power LLC, Astoria Gas Turbines Take notice that on December 23, Commission Power LLC, Bayou Cove Peaking Power 2003, Alliant Energy Corporate Services, [Docket No. EC04–34–000, et al.] LLC, Big Cajun I Peaking Power LLC, Inc. submitted a compliance filing in Conemaugh Power LLC, Connecticut Jet response to the Commission’s November Onondaga Cogeneration Limited Power LLC, Devon Power LLC, Dunkirk 17, 2003, Order Amending Market-based Partnership, et al.; Electric Rate and Power LLC, Huntley Power LLC, Indian Rate Tariffs and Authorizations, in Corporate Filings River Power LLC, Keystone Power LLC, Docket No. EL01–118 and 001. Louisiana Generating LLC, LSP Energy Comment Date: January 20, 2004. January 6, 2004. The following filings have been made Limited Partnership, LSP-Kendall 4. NorthWestern Energy Energy, LLC, LSP-Nelson Energy LLC, with the Commission. The filings are [Docket No. ER03–329–003] LSP-Pike Energy LLC, Meriden Gas listed in ascending order within each docket classification. Turbines LLC, Middletown Power LLC, Take notice that on December 17, Montville Power LLC, NEO California 2003, NorthWestern Energy submitted 1. Onondaga Cogeneration Limited for filing FERC Electric Tariff, Second Power LLC, NEO Chester-Gen LLC, Partnership Revised Volume No. 6, to (1) reflect the NEO Freehold-Gen LLC, NRG Energy name change from Montana Power [Docket Nos. EC04–34–000 and ER00–895– Center Dover LLC, NM Colton Genco Company to Northwestern Energy and 002] LLC, NM Mid Valley Genco LLC, NM (2) comply with the Commission’s Take notice that on December 24, Milliken Genco LLC, Norwalk Power November 17 Order Amending Market- 2003, Onondaga Cogeneration Limited LLC, NRG Ashtabula Generating LLC, based rate Tariffs and Authorizations, in Partnership (Onondaga) tendered for NRG Audrain Generating LLC, NRG Docket Nos. EL01–118–000 and 001. filing a supplement to its application Energy Center Paxton LLC, NRG Ilion Comment Date: January 20, 2004. filed on December 5, 2003. Onondaga LP, NRG Lake Shore Generating LLC, states that the supplement consists of a NRG Marketing Services LLC, NRG Standard Paragraph First Amendment to Purchase and Sale McClain LLC, NRG New Jersey Energy Any person desiring to intervene or to Agreement by and among UtilCo Group, Sales LLC, NRG Northern Ohio protest this filing should file with the Inc., MEP Holdings, Inc. and MEP Generating LLC, NRG Rockford LLC, Federal Energy Regulatory Commission, Investments, LLC, as Sellers and Teton NRG Rockford II LLC, NRG Sterlington 888 First Street, NE., Washington, DC Power Funding, LLC, as Purchaser. Power LLC, Oswego Harbor Power LLC, 20426, in accordance with rules 211 and Comment Date: January 14, 2004. 214 of the Commission’s rules of Somerset Power LLC, and Vienna 2. United States Department of Energy practice and procedure (18 CFR 385.211 Power LLC Western Area Power Administration and 385.214). Protests will be considered by the Commission in [Docket No. EF04–5031–000] determining the appropriate action to be Take notice that on December 29, taken, but will not serve to make 2003, the Deputy Secretary of the protestants parties to the proceeding. Department of Energy, by Rate Order Any person wishing to become a party No. WAPA–110, did confirm and must file a motion to intervene. All such approve, to be effective on February 1,

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2004, and ending December 31, 2008, order issued March 16, 2000, 90 FERC behalf of Duke Electric Transmission, the Western Area Power ¶ 61,252 (2000). As part of its triennial (collectively, Duke) tendered for filing a Administration’s Rate Schedules P– market power update, AES Londonderry new Service Agreement for Network SED–F7 and P–SED–FP7 for Firm Power submitted amendments to its market- Integration Transmission Service Service and Firm Peaking Power Service based rate tariff in compliance with the (NITSA), including a new Network for the Pick-Sloan Missouri Basin Commission’s November 17, 2003, Operating Agreement and Facility Program-Eastern Division. Order amending Market-based Rate Connections Requirements , between The Deputy Secretary of the Tariffs and Authorizations, in Docket Duke and South Carolina Electric & Gas Department of Energy states that the Nos. EL01–118–000 and 001. AES Company. Duke seeks an effective date rates in Rate Schedules P–SED–F7 and Londonderry states that it also for the NITSA of January 1, 2004. P–SED–FP7 will be in effect on an submitted for approval certain Comment Date: January 14, 2004. interim basis pending the Federal ministerial changes to its existing Code 12. San Diego Gas & Electric Company Energy Regulatory Commission’s of Conduct reflecting current corporate approval of these or of substitute rates affiliations. [Docket No. ER04–340–000] on a final basis, ending December 31, Comment Date: January 20, 2004. Take notice that on December 24, 2008. 7. Colton Power, L.P. 2003, San Diego Gas & Electric Comment Date: January 20, 2004. Company (SDG&E) tendered for filing its [Docket No. ER01–2644–005] forecast of the charges it will pay under 3. United States Department of Energy Take notice that on December 29, Western Area Power Administration its Reliability Must Run (RMR) contracts 2003, Colton Power, L.P. submitted a with the California Independent System [Docket No. EF04–5181–000] compliance filing in response to the Operator (ISO) for the year 2004, and a Take notice that on December 29, Commission’s November 17, 2003, proposed allocation for recovering those 2003, the Deputy Secretary of the Order Amending Market-based Rate costs in rates. SDG&E projects a total Department of Energy, by Rate Order Tariffs and Authorizations in Docket RMR revenue requirement of $106.239 No. WAPA–105, did confirm and Nos. EL01–118–000 and 001. million. In addition, SDG&E proposes to Comment Date: January 20, 2004. approve on an interim basis, to be change from an Equal Percentage effective February 1, 2004, and ending 8. New England Power Pool ISO New Marginal Costs allocation methodology December 31, 2008, the Western Area England Inc. to a 12-Month Coincident Peak Power Administration’s Rate Schedule [Docket No. ER02–2330–022] methodology. SDG&E states that, under L–F5 for the Loveland Area Projects. section 5.2.7 of the ISO tariff, it is the Take notice that on December 29, The Deputy Secretary of the Responsible Utility (RU) for payments to 2003, ISO New England Inc. (ISO) Department of Energy states that the operators of RMR units within its submitted a Status Report on rates in Rate Schedule L–F5 will be in territory. Further, SDG&E states that it Development of Day-Ahead Demand effect on an interim basis pending the recovers its costs for those payments Response Program in compliance with Federal Energy Regulatory through a dedicated rate component, the Commission’s November 17, 2003, Commission’s approval of these or of and requests an effective date of January Order on Requests for Rehearing and substitute rates on a final basis. 1, 2004, for the proposed rate. Comment Date: January 20, 2004. Compliance Filing, 105 FERC ¶ 61,211. The ISO states that copies of the filing SDG&E states that copies of the filing 4. Logan Generating Company, L.P. have been served on all parties to the have been served on the ISO, Electricity Oversight Board, California Energy [Docket No. ER95–1007–017] above-captioned proceeding. Comment Date: January 20, 2004. Commission and the California Public Take notice that on December 29, Utilities Commission. 2003, Logan Generating Company, L.P. 9. Keystone Energy Group, Inc. Comment Date: January 14, 2004. submitted a compliance filing in [Docket No. ER02–2605–002] 13. Vermont Electric Cooperative, Inc. response to the Commission’s November Take notice that on December 29, 17, 2003, Order amending Market-based 2003, Keystone Energy Group, Inc. [Docket No. ER04–341–000] Rate Tariffs and Authorizations, in submitted a compliance filing in Take notice that on December 24, Docket Nos. EL01–118–000 and 001. response to the Commission’s November 2003, Vermont Electric Cooperative, Inc. Comment Date: January 20, 2004. 17, 2003, Order Amending Market-based (VEC) tendered for filing its Open 5. Pittsfield Generating Company, L.P. Rate Tariffs and Authorizations in Access Transmission Tariff and certain Docket Nos. EL01–118–000 and 001. rate schedules for jurisdictional [Docket No. ER98–4400–007] Comment Date: January 20, 2004. transmission service. VEC states that the Take notice that on December 29, filing seeks to effect certain terms and 2003, Pittsfield Generating Company, 10. Sierra Pacific Energy, LP conditions of a Purchase and Sale L.P. submitted a compliance filing in [Docket No. ER04–7–001] Agreement under which VEC has agreed response to the Commission’s November Take notice that on December 24, to purchase from Citizens 17, 2003, Order amending Market-based 2003, Sierra Pacific Energy, LP Communications Company (Citizens) Rate Tariffs and Authorizations, in submitted a compliance filing in certain electric transmission and Docket Nos. EL01–118–000 and 001. response to the Commission’s November distribution facilities in Vermont. VEC Comment Date: January 20, 2004. 17, 2003, Order Amending Market-based requests an effective date as of the 6. AES Londonderry, LLC Rate Tariffs and Authorizations in closing of the transaction. Docket Nos. EL01–118–000 and 001. VEC states that each of the customers [Docket No. ER00–1147–002] Comment Date: January 14, 2004. under the OATT and rate schedules, Take notice that on December 29, Citizens, the Vermont Public Service 11. Duke Energy Corporation 2003, AES Londonderry, LLC (AES Board, and the Vermont Department of Londonderry) tendered for filing a [Docket No. ER04–339–000] Public Service were mailed copies of the triennial market power update in Take notice that on December 24, filing. compliance with the Commission’s 2003, Duke Energy Corporation, on Comment Date: January 14, 2004.

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14. PJM Interconnection, L.L.C. DEPARTMENT OF ENERGY Salas, Secretary, Federal Energy Regulatory Commission, 888 First [Docket No. ER04–342–000] Federal Energy Regulatory Street, NE., Washington, DC 20426. Take notice that on December 29, Commission The Commission’s rules of practice 2003, PJM Interconnection, L.L.C. (PJM) [Project No. 1893-042] require all intervenors filing documents submitted for filing revisions to the PJM with the Commission to serve a copy of Open Access Transmission Tariff and Public Service Company of New that document on each person on the the Amended and Restated Operating Hampshire; Notice of Application official service list for the project. Agreement of PJM Interconnection, Tendered for Filing With the Further, if an intervenor files comments L.L.C. to adjust the allocation period for Commission, Soliciting Additional or documents with the Commission excess congestion revenues from a Study Requests, and Establishing relating to the merits of an issue that calendar year basis to a PJM planning Procedural Schedule for Relicensing may affect the responsibilities of a period (June 1 to May 31) basis. PJM and a Deadline for Submission of Final particular resource agency, they must requests an effective date of December Amendments also serve a copy of the document on 31, 2003. that resource agency. January 7, 2004. Additional study requests may be PJM states that copies of the filing Take notice that the following filed electronically via the Internet in have been served on all PJM members, hydroelectric license application has lieu of paper. The Commission strongly and each State electric utility regulatory been filed with the Commission and is encourages electronic filing. See 18 CFR commission in the PJM region. available for public inspection. 385.2001(a)(1)(iii) and the instructions a. Type of Application: New major Comment Date: January 20, 2004. on the Commission’s Web site (http:// license. www.ferc.gov) under the ‘‘e-Filing’’ link. Standard Paragraph b. Project No.: P-1893-042. m. The application is not ready for c. Date Filed: December 30, 2003. environmental analysis at this time. Any person desiring to intervene or to d. Applicant: Public Service Company n. Project Description: The project protest this filing should file with the of New Hampshire (PSNH). consists of the following three Federal Energy Regulatory Commission, e. Name of Project: Merrimack River developments: 888 First Street, NE., Washington, DC Project. The Amoskeag Development consists 20426, in accordance with rules 211 and f. Location: On the Merrimack River, of the following existing facilities: (1) A 214 of the Commission’s rules of in Merrimack and Hillsborough counties, New Hampshire. The project 29-foot-high, 710-foot-long concrete practice and procedure (18 CFR 385.211 gravity dam comprised of: (i) a low crest and 385.214). Protests will be does not occupy Federal lands of the United States. section with 5-foot-high flashboards; considered by the Commission in and (ii) a high crest section with 3-foot- determining the appropriate action to be g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)–825(r). high flashboards; (2) a 7-mile-long, 478- taken, but will not serve to make h. Applicant Contact: James J. Kearns, acre reservoir; (3) a powerhouse, protestants parties to the proceeding. 780 North Commercial Street, P.O. Box integral with the dam, containing three Any person wishing to become a party 330, Manchester, NH, (603) 634–2936. generating units with a total installed must file a motion to intervene. All such i. FERC Contact: Steve Kartalia, capacity of 16,000 kW; (4) a 415-foot- motions or protests should be filed on [email protected] (202) 502- long, 34.5-kV double circuit or before the comment date, and, to the 6131. transmission line; and (5) other extent applicable, must be served on the j. Cooperating Agencies: We are appurtenances. applicant and on any other person asking Federal, State, and local agencies The Hooksett Development consists of designated on the official service list. and Indian tribes with jurisdiction and/ the following existing facilities: (1) A This filing is available for review at the or special expertise with respect to dam comprised of: (i) a 340-foot-long Commission or may be viewed on the environmental issues to cooperate with stone masonry section with 2-foot-high Commission’s Web site at http:// us in the preparation of the flashboards connected to; (ii) a 250-foot- www.ferc.gov, using the ‘‘FERRIS’’ link. environmental document. Agencies who long concrete section with 2-foot-high Enter the docket number excluding the would like to request cooperating status flashboards; (2) a 15-foot by 20-foot last three digits in the docket number should follow the instructions for filing Taintor gate; (3) a 5.5-mile-long, 405- filed to access the document. For comments described in item l below. acre reservoir; (4) a powerhouse assistance, call (202) 502–8222 or TTY, k. Pursuant to section 4.32(b)(7) of 18 containing a single generating unit with (202) 502–8659. Protests and CFR of the Commission’s regulations, if an installed capacity of 1,600 kW; and interventions may be filed electronically any resource agency, Indian tribe, or (5) other appurtenances. The Garvins Falls Development via the Internet in lieu of paper; see 18 person believes that an additional consists of the following existing CFR 385.2001(a)(1)(iii) and the scientific study should be conducted in order to form a factual basis for facilities: (1) An 18-foot-high, 550-foot- instructions on the Commission’s Web complete analysis of the application on long concrete and granite gravity dam site under the ‘‘e-Filing’’ link. The its merit, the resource agency, Indian comprised of: (i) a low crest section Commission strongly encourages tribe, or person must file a request for with 3-foot-high flashboards; and (ii) a electronic filings. a study with the Commission not later high crest section with 1.2-foot-high Magalie R. Salas, than 60 days after the application filing flashboards; (2) an 8-mile-long reservoir; Secretary. and serve a copy of the request on the (3) a 500-foot-long water canal with a applicant. 10-foot-wide waste gate; (4) two [FR Doc. E4–52 Filed 01–14–04; 8:45 am] l. Deadline for filing additional study powerhouses, each containing two BILLING CODE 6717–01–P requests and requests for cooperating generating units for a total installed agency status: February 27, 2004. capacity of 12,300 kW; (5) a 340-foot- All documents (original and eight long, 34.5-kV transmission line; and (6) copies) should be filed with: Magalie R. other appurtenances.

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o. A copy of the application is on file ENVIRONMENTAL PROTECTION Shapard, ORISE, PO Box 117, MS 17, with the Commission and is available AGENCY Oak Ridge, TN 37831–0117, at 865–241– 5784 (telephone), (865) 241–3168 for public inspection in the Public [FRL–7610–2] Reference Room. This filing may also be (facsimile), [email protected] (email). viewed on the Web at http:// Draft Toxicological Review of Toluene: If you have questions about the www.ferc.gov using the ‘‘eLibrary’’ link. In Support of Summary Information on document, contact Lynn Flowers, IRIS Enter the docket number excluding the the Integrated Risk Information System Staff, National Center for Environmental last threee digits in the docket number (IRIS) Assessment, 1200 Pennsylvania field to access the document. For Avenue, NW., Washington, DC 20460; AGENCY: Environmental Protection assistance, please contact FERC Online telephone: (202) 564–1537; facsimile: Agency. Support at (202) 565–0075; e-mail: ACTION: [email protected] or toll Notice of external peer-review [email protected]. panel meeting. free at (866) 208-3676 or for TTY, (202) SUPPLEMENTARY INFORMATION: The draft 502-8659. A copy is also available for SUMMARY: The U.S. Environmental report is a reassessment of the chronic inspection and reproduction at the Protection Agency (EPA) is announcing health effects of toluene which was first address in item h above. an external peer-review panel meeting entered into the IRIS data base in 1987. p. You may also register online at to review the external review draft The report provides the scientific basis http://www.ferc.gov/esubscribenow.htm document entitled, ‘‘Toxicological for deriving an oral reference dose (RfD) to be notified via email of new filings Review of Toluene: In Support of and inhalation reference concentration and issuances related to this or other Summary Information on the Integrated (RfC) for the noncancer health risk from pending projects. For assistance, contact Risk Information System (IRIS)’’ exposure to toluene. A cancer (NCEA–S–1264). The document was FERC Online Support. To view assessment is also included in the draft prepared by EPA’s National Center for upcoming FERC events, go to http:// report. Environmental Assessment (NCEA) of www.ferc.gov and click on ‘‘View Entire IRIS is a data base that contains the Office of Research and Calendar’’. scientific Agency consensus positions Development. EPA will use comments on potential adverse human health q. With this notice, we are initiating and recommendations from the expert effects that may result from chronic (or consultation with the New Hampshire panel meeting to finalize the draft lifetime) exposure to specific chemical State Historic Preservation Officer document. substances found in the environment. (SHPO), as required by 106, National DATES: The peer-review panel meeting The data base (available on the Internet Historic Preservation Act, and the will begin on February 5, 2004, at 8:30 at http://www.epa.gov/iris) contains regulations of the Advisory Council on a.m. and end at 5 p.m. Members of the qualitative and quantitative health Historic Preservation, 36 CFR 800.4. public may attend as observers. effects information for more than 500 r. Procedural Schedule and Final ADDRESSES: The external peer-review chemical substances that may be used to Amendments: The application will be panel meeting will be held at the Jurys support the first two steps (hazard processed according to the following Washington Hotel, 1500 New identification and dose-response Hydro Licensing Schedule. Revisions to Hampshire Ave., NW., Washington, DC. evaluation) of the risk assessment the schedule will be made as Under an Interagency Agreement with process. When supported by available appropriate. The Commission staff EPA and the Department of Energy, the data, the data base provides RfDs and proposes to issue one environmental Oak Ridge Institute of Science and RfCs for chronic health effects, and oral assessment rather than issue a draft and Education (ORISE) is organizing, slope factors and inhalation unit risks final EA. Comments, terms and convening, and conducting the peer- for carcinogenic effects. Combined with specific exposure information, conditions, recommendations, review panel meeting. To attend the government and private entities use IRIS prescriptions, and reply comments, if meeting, register by January 23, 2004, by to help characterize public health risks any, will be addressed in an EA issued calling ORISE, PO Box 117, MS 17, Oak Ridge, TN 37831–0117, at (865) 241– of chemical substances in a site-specific in the summer of 2005. 5784 or (865) 241–3168 (facsimile). situation and thereby support risk Issue Acceptance or Deficiency Letter—April Interested parties may also register on- management decisions designed to 2004 line at: [email protected]. Space is protect public health. Issue Scoping Document—July 2004 limited, and reservations will be Toluene (CASRN 108–88–3) or Notice that application is ready for accepted on a first-come, first-served methylbenzene is used as a gasoline environmental analysis—January 2005 basis. additive to increase octane ratings, in Notice of the availability of the EA—June A limited number of paper copies are benzene production, and as a solvent in 2005 available by contacting the IRIS Hotline paints, coatings, inks, adhesives, and Ready for Commission decision on the at (202) 566–1676 or (202) 566–1749 cleaners. Toluene is also used in the application—December 2005 (facsimile). If you are requesting a paper production of nylon, plastics and copy, please provide your name, Final amendments to the application polyurethanes. Toluene is released to mailing address, and the document title must be filed with the Commission no the environment, mostly into the and number, ‘‘Draft Toxicological later than 30 days from the issuance atmosphere during the production, Review of Toluene: In Support of transport, and use of gasoline. Toluene date of the notice of ready for Summary Information on the Integrated has been detected in drinking water environmental analysis. Risk Information System (IRIS)’’ supplies, particularly in locations near Magalie R. Salas, (NCEA–S–1264). Copies are not leaking underground storage tanks Secretary. available from ORISE. containing fuel products. Toluene has [FR Doc. E4–71 Filed 01–14–04; 8:45 am] FOR FURTHER INFORMATION CONTACT: also been detected in soil and water at Questions regarding registration and or near certain hazardous waste sites BILLING CODE 6717–01–P logistics should be directed to Leslie and in smoke from wood and cigarettes.

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EPA has established an official public preregister for the workshop by An electronic version of the public docket for this action under Docket ID February 2, 2004 contact Teresa Bullock docket is available through EPA’s No. ORD–2003–0015. The official public at American Farmland Trust by e-mail: electronic public docket and comment docket consists of the document [email protected], by telephone: (815) system, EPA Dockets. You may use EPA referenced in this notice and a list of 753–9347 or by fax: (815) 753–9348). Dockets at http://www.epa.gov/edocket/ charge questions that have been SUPPLEMENTARY INFORMATION: to view public comments, access the submitted to the external peer index listing of the contents of the reviewers. Both documents are available I. General Information official public docket, and to access on the Internet at http://www.epa.gov/ A. Does this Action Apply to Me? those documents in the public docket that are available electronically. edocket/. Once in the system, select This action is directed to the general Although not all docket materials may ‘‘search,’’ then key in the appropriate public, and may be of particular interest be available electronically, you may still docket identification number. to persons who apply for, manage, or Although a part of the official docket, access any of the publicly available conduct research under a PIP the public docket does not include docket materials through the docket Experimental Use Permit, or whose Confidential Business Information (CBI) facility identified in Unit I.B.1. Once in work involves issues related to or other information whose disclosure is the system, select ‘‘search,’’ then key in biotechnology-derived PIP EUPs. restricted by statute. the appropriate docket ID number. Potentially affected entities may Dated: January 7, 2004. include, but are not limited to: II. Background Peter W. Preuss, applicants for PIP experimental use A. What Topics Will the Workshop Director, National Center for Environmental permits; Federal, State, and local Address? Assessment. regulators of biotechnology; [FR Doc. 04–895 Filed 1–14–04; 8:45 am] government, industry, and academic The basic goal of this workshop is to BILLING CODE 6560–50–P researchers working in the field of address and clarify certain aspects of agricultural biotechnology; non- PIP EUPs such as the definition of terms governmental organizations; and permit conditions so that the PIP ENVIRONMENTAL PROTECTION agricultural/agronomic associations, and EUP program, including associated field AGENCY the biotechnology trade association. obligations, is clear to EUP applicants and researchers. The workshop is [OPP–2004–0002; FRL–7341–6] Since other entities may also be interested, the Agency has not expected to improve the PIP EUP Public Workshop on Plant- attempted to describe all the specific process and result in increased Incorporated Protectant Experimental entities that may be affected by this compliance, thereby enhancing Use Permits; Notice of Public Meeting action. If you have any questions protection of the environment and regarding the applicability of this action human health. The workshop will AGENCY: Environmental Protection to a particular entity, consult the person address the PIP EUP application and Agency (EPA). listed under FOR FURTHER INFORMATION permitting process, and associated ACTION: Notice. CONTACT. compliance issues. EPA will provide background on its PIP EUP regulatory SUMMARY: EPA is holding a public B. How Can I Get Copies of this goals, and a preselected panel workshop entitled Plant-Incorporated Document and Other Related comprised of stakeholders from Protectant (PIP) Experimental Use Information? industry, academia, and public interest Permits (EUP): Process and Compliance. 1. Docket. EPA has established an groups will discuss their goals and EPA recognizes that some PIP EUP official public docket for this action needs. EPA will solicit input from regulatory issues require review and under docket identification (ID) number workshop participants on specific clarification, and is seeking public OPP–2004–0002. The official public topics, including the PIP EUP participation and input to help identify docket consists of the documents application and permitting process; the best approaches to regulatory specifically referenced in this action, permit terminology and definitions; the improvements pertaining to PIP EUPs. any public comments received, and enforceability of EUP language and DATES: The meeting will be held on other information related to this action. activities; containment and confinement February 10 and 11, 2004 from 8:30 a.m. Although a part of the official docket, issues; and content and data to 5 p.m. the public docket does not include requirements. Participants will be asked Requests to participate in the meeting, Confidential Business Information (CBI) to identify concerns and recommend identified by docket ID number OPP– or other information whose disclosure is potential solutions. EPA anticipates 2004–0002, must be received on or restricted by statute. The official public holding panel discussions on three before February 2, 2004. docket is the collection of materials that additional topics: The comparability of ADDRESSES: The meeting will be held at is available for public viewing at the U.S. Department of Agriculture and EPA the Crystal City Hilton, 2399 Jefferson Public Information and Records experimental biotechnology programs; Davis Hwy, Arlington, VA 22202. Integrity Branch (PIRIB), Rm. 119, the balancing of proprietary information Telephone number: (703) 418–6800. Crystal Mall #2, 1921 Jefferson Davis with public transparency; and Requests to participate in the meeting Hwy., Arlington, VA. This docket compliance issues and needs. These may be submitted to the person listed facility is open from 8:30 a.m. to 4 p.m., topics are directly related to ensuring under FOR FURTHER INFORMATION Monday through Friday, excluding legal environmental protection, maintaining a CONTACT. holidays. The docket telephone number healthy climate for experimental FOR FURTHER INFORMATION CONTACT: is (703) 305–5805. research, and promoting public Karen Heisler, Region 9 (CMD–1) 75 2. Electronic access. You may access confidence; information from the Hawthorne St., San Francisco, CA this Federal Register document workshop may be used as guidance in 94105; telephone number: 415–947– electronically through the EPA Internet further Agency deliberations of these 4240; fax number: 415–947–3583; e-mail under the Federal Register listings at topics. To ensure that a diversity of address: [email protected]. To http://www.epa.gov/fedrgstr/. views are represented in these

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discussions, panelists will be SUMMARY: EPA is announcing the other information related to this action. preselected from stakeholder groups, availability of, and opportunity to Although a part of the official docket, including industry, government, comment on, the ‘‘Questions and the public docket does not include academia, and public interest groups. Answers for the New Chemicals Confidential Business Information (CBI) Program (Q&A).’’ The Q&A document is or other information whose disclosure is B. How Should I Prepare for the intended to explain and clarify the restricted by statute. The official public Workshop? requirements of TSCA section 5 and docket is the collection of materials that The workshop will be a working selected EPA regulations implementing is available for public viewing at the meeting, with participants expected to TSCA section 5, and to provide useful EPA Docket Center, Rm. B102–Reading provide thoughtful discussion and information to persons subject to these Room, EPA West, 1301 Constitution concrete suggestions on the topics requirements. Ave., NW., Washington, DC. The EPA identified above. EPA requests attendees DATES: Comments, identified by docket Docket Center is open from 8:30 a.m. to to participate in all sessions to ensure ID number OPPT–2003–0055, must be 4:30 p.m., Monday through Friday, productive collaboration and adequate received on or before March 15, 2004. excluding legal holidays. The EPA representation of stakeholder Docket Center Reading Room telephone ADDRESSES: Comments may be perspectives. EPA also requests that number is (202) 566–1744 and the submitted electronically, by mail, or participants review relevant background telephone number for the OPPT Docket, through hand delivery/courier. Follow documents prior to the meeting. A which is located in EPA Docket Center, the detailed instructions as provided in tentative agenda and related documents is (202) 566–0280. SUPPLEMENTARY will be made available at http:// Unit I. of the 2. Electronic access. You may access www.epa.gov/pesticides/biopesticides. INFORMATION. this Federal Register document EPA supports the goals of green FOR FURTHER INFORMATION CONTACT: For electronically through the EPA Internet conferencing and strongly encourages general information contact: Barbara under the ‘‘Federal Register’’ listings at participants at this meeting to recycle, Cunningham, Director, Environmental http://www.epa.gov/fedrgstr/. reduce the use of paper products and Assistance Division (7408M), Office of The Q&A is available electronically at bulk mailings, and use mass transit. The Pollution Prevention and Toxics, http://www.epa.gov/opptintr/ meeting location is within walking Environmental Protection Agency, 1200 newchems/. distance of the Crystal City Metro Stop Pennsylvania Ave., NW., Washington, An electronic version of the public on the Blue and Yellow Lines. More DC 20460–0001; telephone number: docket is available through EPA’s about green conferencing can be found (202) 554–1404; e-mail address: TSCA- electronic public docket and comment at: http://www.epa.gov/oppt/ [email protected]. system, EPA Dockets. You may use EPA greenmeetings/. For technical information contact: Dockets at http://www.epa.gov/edocket/ Virginia Lee, Chemical Control Division to submit or view public comments, III. How Can I Request to Participate in (7405M), Office of Pollution Prevention access the index listing of the contents this Meeting? and Toxics, Environmental Protection of the official public docket, and to Preregister for this workshop by Agency, 1200 Pennsylvania Ave., NW., access those documents in the public contacting Teresa Bullock at American Washington, DC 20460–0001; telephone docket that are available electronically. Farmland Trust by email number: (202) 564–0883; e-mail address: Although not all docket materials may [email protected], by telephone (815– [email protected]. be available electronically, you may still access any of the publicly available 753–9347) or by fax (815– 753–9348). SUPPLEMENTARY INFORMATION: You must preregister on or before docket materials through the docket February 2, 2004 or you can register on I. General Information facility identified in Unit I.B.1. Once in site the day of the workshop. the system, select ‘‘search,’’ then key in A. Does this Action Apply to Me? the appropriate docket ID number. List of Subjects This action is directed to the public Certain types of information will not Environmental protection, FIFRA, in general, and may be of particular be placed in the EPA Dockets. Plant-Incorporated Pesticides, interest to those persons who are Information claimed as CBI and other Experimental Use Permits, involved in the manufacture or import information whose disclosure is Biotechnology, Biopesticides. of chemical substances subject to TSCA restricted by statute, which is not included in the official public docket, Dated: January 8, 2004. section 5. Since other entities may also be interested, the Agency has not will not be available for public viewing Janet L. Andersen, attempted to describe all the specific in EPA’s electronic public docket. EPA’s Director, Biopesticides and Pollution entities that may be affected by this policy is that copyrighted material will Prevention Division. action. If you have any questions not be placed in EPA’s electronic public [FR Doc. 04–893 Filed 1–14–04; 8:45 am] regarding the applicability of this action docket but will be available only in BILLING CODE 6560–50–S to a particular entity, consult the printed, paper form in the official public technical person listed under FOR docket. To the extent feasible, publicly FURTHER INFORMATION CONTACT. available docket materials will be made ENVIRONMENTAL PROTECTION available in EPA’s electronic public AGENCY B. How Can I Get Copies of this docket. When a document is selected [OPPT–2003–0055; FRL–7340–8] Document and Other Related from the index list in EPA Dockets, the Information? system will identify whether the Questions and Answers for the New 1. Docket. EPA has established an document is available for viewing in Chemicals Program; Notice of official public docket for this action EPA’s electronic public docket. Availability under docket identification (ID) number Although not all docket materials may AGENCY: Environmental Protection OPPT–2003–0055. The official public be available electronically, you may still Agency (EPA). docket consists of the documents access any of the publicly available specifically referenced in this action, docket materials through the docket ACTION: Notice. any public comments received, and facility identified in Unit I.B.1. EPA

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intends to work towards providing in case EPA cannot read your comment holidays. The telephone number for the electronic access to all of the publicly due to technical difficulties or needs DCO is (202) 564–8930. available docket materials through further information on the substance of D. How Should I Submit CBI to the EPA’s electronic public docket. your comment. EPA’s policy is that EPA Agency? For public commenters, it is will not edit your comment, and any important to note that EPA’s policy is identifying or contact information Do not submit information that you that public comments, whether provided in the body of a comment will consider to be CBI electronically submitted electronically or in paper, be included as part of the comment that through EPA’s electronic public docket will be made available for public is placed in the official public docket, or by e-mail. You may claim viewing in EPA’s electronic public and made available in EPA’s electronic information that you submit to EPA as docket as EPA receives them and public docket. If EPA cannot read your CBI by marking any part or all of that without change, unless the comment comment due to technical difficulties information as CBI (if you submit CBI contains copyrighted material, CBI, or and cannot contact you for clarification, on disk or CD ROM, mark the outside other information whose disclosure is EPA may not be able to consider your of the disk or CD ROM as CBI and then restricted by statute. When EPA comment. identify electronically within the disk or identifies a comment containing i. EPA Dockets. Your use of EPA’s CD ROM the specific information that is copyrighted material, EPA will provide electronic public docket to submit CBI). Information so marked will not be a reference to that material in the comments to EPA electronically is disclosed except in accordance with version of the comment that is placed in EPA’s preferred method for receiving procedures set forth in 40 CFR part 2. EPA’s electronic public docket. The comments. Go directly to EPA Dockets In addition to one complete version of entire printed comment, including the at http://www.epa.gov/edocket/, and the comment that includes any copyrighted material, will be available follow the online instructions for information claimed as CBI, a copy of in the public docket. submitting comments. Once in the the comment that does not contain the Public comments submitted on system, select ‘‘search,’’ and then key in information claimed as CBI must be computer disks that are mailed or docket ID number OPPT–2003–0055. submitted for inclusion in the public delivered to the docket will be The system is an ‘‘anonymous access’’ docket and EPA’s electronic public transferred to EPA’s electronic public system, which means EPA will not docket. If you submit the copy that does docket. Public comments that are know your identity, e-mail address, or not contain CBI on disk or CD ROM, mailed or delivered to the docket will be other contact information unless you mark the outside of the disk or CD ROM scanned and placed in EPA’s electronic provide it in the body of your comment. clearly that it does not contain CBI. public docket. Where practical, physical ii. E-mail. Comments may be sent by Information not marked as CBI will be objects will be photographed, and the e-mail to [email protected], Attention: included in the public docket and EPA’s photograph will be placed in EPA’s Docket ID Number OPPT–2003–0055. In electronic public docket without prior electronic public docket along with a contrast to EPA’s electronic public notice. If you have any questions about brief description written by the docket docket, EPA’s e-mail system is not an CBI or the procedures for claiming CBI, staff. ‘‘anonymous access’’ system. If you please consult the technical person send an e-mail comment directly to the C. How and to Whom Do I Submit listed under FOR FURTHER INFORMATION docket without going through EPA’s Comments? CONTACT. electronic public docket, EPA’s e-mail You may submit comments system automatically captures your e- E. What Should I Consider as I Prepare electronically, by mail, or through hand mail address. E-mail addresses that are My Comments for EPA? delivery/courier. To ensure proper automatically captured by EPA’s e-mail We invite you to provide your views receipt by EPA, identify the appropriate system are included as part of the on the various options we propose, new docket ID number in the subject line on comment that is placed in the official approaches we have not considered, the the first page of your comment. Please public docket, and made available in potential impacts of the various options ensure that your comments are EPA’s electronic public docket. (including possible unintended submitted within the specified comment iii. Disk or CD ROM. You may submit consequences), and any data or period. Comments received after the comments on a disk or CD ROM that information that you would like the close of the comment period will be you mail to the mailing address Agency to consider during the marked ‘‘late.’’ EPA is not required to identified in Unit I.C.2. These electronic development of the final action. You consider these late comments. If you submissions will be accepted in may find the following suggestions wish to submit CBI or information that WordPerfect or ASCII file format. Avoid helpful for preparing your comments: is otherwise protected by statute, please the use of special characters and any 1. Explain your views as clearly as follow the instructions in Unit I.D. Do form of encryption. possible. not use EPA Dockets or e-mail to submit 2. By mail. Send your comments to: 2. Describe any assumptions that you CBI or information protected by statute. Document Control Office (7407M), used. 1. Electronically. If you submit an Office of Pollution Prevention and 3. Provide specific examples to electronic comment as prescribed in this Toxics (OPPT), Environmental illustrate your concerns. unit, EPA recommends that you include Protection Agency, 1200 Pennsylvania 4. Offer alternative ways to improve your name, mailing address, and an e- Ave., NW., Washington, DC 20460– the document. mail address or other contact 0001. 5. Make sure to submit your information in the body of your 3. By hand delivery or courier. Deliver comments by the deadline in this comment. Also include this contact your comments to: OPPT Document notice. information on the outside of any disk Control Office (DCO) in EPA East Bldg., 6. To ensure proper receipt by EPA, or CD ROM you submit, and in any Rm. 6428, 1201 Constitution Ave., NW., be sure to identify the docket ID number cover letter accompanying the disk or Washington, DC, Attention: Docket ID assigned to this action in the subject CD ROM. This ensures that you can be Number OPPT–2003–0055. The DCO is line on the first page of your response. identified as the submitter of the open from 8 a.m. to 4 p.m., Monday You may also provide the name, date, comment and allows EPA to contact you through Friday, excluding legal and Federal Register citation.

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II. What Action is the Agency Taking? 2004, if no timely and appropriate FARM CREDIT ADMINISTRATION EPA is announcing the availability of request for a hearing is received and the Farm Credit Administration Board; and soliciting comments on the Regional Administrator does not elect to Amendment to Sunshine Act Meeting ‘‘Questions and Answers for the New hold a hearing on his own motion, and if no comments are received which Chemicals Program (Q&A).’’ It is not a AGENCY: Farm Credit Administration. cause EPA to modify its tentative substitute for applicable legal SUMMARY: Pursuant to the Government approval. requirements, nor is it a regulation in the Sunshine Act (5 U.S.C. itself. Thus, it does not impose legally ADDRESSES: Comments or a request for 552b(e)(3)), the Farm Credit binding requirements on any party, a public hearing must be submitted to Administration gave notice on January including EPA or the regulated the U.S. Environmental Protection 6, 2004 (69 FR 659), of the regular community. Agency Region III, 1650 Arch Street, meeting of the Farm Credit In addition to the Q&A being available Philadelphia, PA 19103–2029. Administration Board (Board) electronically and in the EPA docket, it Comments may also be submitted scheduled for January 8, 2004. This is also available upon request from the electronically to Jennie Saxe at notice is to amend the agenda by adding TSCA Hotline. [email protected]. All documents an item to a closed session of that relating to this determination are meeting. List of Subjects available for inspection between the FOR FURTHER INFORMATION CONTACT: Environmental protection, Chemicals. hours of 8 a.m. and 4:30 p.m., Monday Jeanette C. Brinkley, Secretary to the through Friday, at the following offices: Dated: December 31, 2003. • Drinking Water Branch, Water Farm Credit Administration Board, Charles M. Auer, Protection Division, U.S. Environmental (703) 883–4009, TTY (703) 883–4056. Director, Office of Pollution Prevention and Protection Agency Region III, 1650 Arch ADDRESSES: Farm Credit Toxics. Street, Philadelphia, PA 19103–2029. Administration, 1501 Farm Credit Drive, • McLean, Virginia 22102–5090. [FR Doc. 04–891 Filed 1–14–04; 8:45 am] Environmental Engineering Division, West Virginia Department of SUPPLEMENTARY INFORMATION: Parts of BILLING CODE 6560–50–S Health and Human Resources, 815 this meeting of the Board were open to Quarrier Street, Suite 418, Charleston, the public (limited space available), and ENVIRONMENTAL PROTECTION WV 25301–2616. parts of this meeting were closed to the AGENCY FOR FURTHER INFORMATION CONTACT: public. In order to increase the Jennie Saxe, Drinking Water Branch accessibility to Board meetings, persons [FRL–7610–1] (3WP22) at the Philadelphia address requiring assistance should make Notice of Tentative Approval and given above; telephone (215) 814–5806 arrangements in advance. The agenda Solicitation of Request for a Public or fax (215) 814–2318. for January 8, 2004, is amended by Hearing for Public Water System SUPPLEMENTARY INFORMATION: All adding the following item to a closed Supervision Program Revision for the interested parties are invited to submit session as follows: State of West Virginia written comments on this determination Closed Session* and may request a public hearing. All AGENCY: Environmental Protection comments will be considered, and, if Reports Agency (EPA). necessary, EPA will issue a response. • Examination issue. ACTION: Notice of tentative approval and Frivolous or insubstantial requests for a Solicitation of Requests for a Public *Session closed—exempt pursuant to 5 hearing may be denied by the Regional U.S.C. 552b(c)(8). Hearing. Administrator. However, if a substantial Dated: January 13, 2004. request for a public hearing is made by SUMMARY: Notice is hereby given in Jeanette C. Brinkley, [insert date 30 days from date of accordance with the provision of section publication], a public hearing will be Secretary, Farm Credit Administration Board. 1413 of the Safe Drinking Water Act as held. [FR Doc. 04–1068 Filed 1–13–04; 3:53 pm] amended, and the rules governing A request for public hearing shall BILLING CODE 6705–01–P National Primary Drinking Water include the following: (1) The name, Regulations Implementation that the address, and telephone number of the State of West Virginia has revised its individual, organization, or other entity approved Public Water System FEDERAL DEPOSIT INSURANCE requesting a hearing; (2) a brief Supervision Program. West Virginia has CORPORATION statement of the requesting person’s adopted a Radionuclides Rule to interest in the Regional Administrator’s Notice of Agency Meeting establish a new maximum contaminant determination and of information that level (MCL) for uranium and revise the requesting person intends to submit Pursuant to the provisions of the monitoring requirements. EPA has at such a hearing; and (3) the signature ‘‘Government in the Sunshine Act’’ (5 determined that these revisions are no of the individual making the request; or, U.S.C. 552b), notice is hereby given that less stringent than the corresponding if the request is made on behalf of an the Federal Deposit Insurance Federal regulations. Therefore, EPA has organization or other entity, the Corporation’s Board of Directors will decided to tentatively approve these signature of a responsible official of the meet in open session at 10 a.m. on program revisions. All interested parties organization or other entity. Tuesday, January 20, 2004, to consider are invited to submit written comments the following matter: on this determination and may request Dated: December 15, 2003. Summary Agenda: No matters are a public hearing. Thomas Voltaggio, scheduled DATES: Comments or a request for a Acting Regional Administrator, EPA, Region Discussed Agenda: Memorandum and public hearing must be submitted by III. resolution re: Joint Notice of Proposed February 17, 2004. This determination [FR Doc. 04–888 Filed 1–14–04; 8:45 am] Rulemaking—Community Reinvestment shall become effective on February 17, BILLING CODE 6560–50–P Act Regulations.

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The meeting will be held in the Board Powell, that Corporation business Office of General Counsel, by telephone Room on the sixth floor of the FDIC required its consideration of the matters at (202) 408–2826 or by electronic mail Building located at 550 17th Street, on less than seven days’ notice to the at [email protected]. NW., Washington, DC. public; that the public interest did not Dated: January 13, 2004. The FDIC will provide attendees with require consideration of the matters in By the Federal Housing Finance Board. auxiliary aids (e.g., sign language a meeting open to public observation; interpretation) required for this meeting. and that the matters could be Arnold Intrater, Those attendees needing such assistance considered in a closed meeting by General Counsel. should call (202) 416–2089 (Voice); authority of subsections (c)(2), (c)(4), [FR Doc. 04–980 Filed 1–13–04; 11:46 am] (202) 416–2007 (TTY), to make (c)(6), (c)(8), (c)(9)(A)(ii), and (c)(9)(B) of BILLING CODE 6725–01–P necessary arrangements. the ‘‘Government in the Sunshine Act’’ Requests for further information (5 U.S.C. 552b(c)(2), (c)(4), (c)(6), (c)(8), concerning the meeting may be directed (c)(9)(A)(ii), and (c)(9)(B)). to Mr. Robert E. Feldman, Executive DEPARTMENT OF HEALTH AND The meeting was held in the Board HUMAN SERVICES Secretary of the Corporation, at (202) Room of the FDIC Building located at 898–3742. 550 17th Street, NW., Washington, DC. Office of Inspector General Dated: January 13, 2004. Dated: January 13, 2004. Federal Deposit Insurance Corporation. Federal Deposit Insurance Corporation. Program Exclusions: December 2003 Robert E. Feldman, Valerie J. Best, AGENCY: Office of Inspector General, Executive Secretary. Assistant Executive Secretary. HHS. [FR Doc. 04–1069 Filed 1–13–04; 3:53 pm] [FR Doc. 04–1070 Filed 1–13–04; 3:53 pm] ACTION: Notice of program exclusions. BILLING CODE 6714–01–M BILLING CODE 6714–01–M During the month of December 2003, the HHS Office of Inspector General FEDERAL DEPOSIT INSURANCE FEDERAL HOUSING FINANCE BOARD imposed exclusions in the cases set CORPORATION forth below. When an exclusion is imposed, no program payment is made Notice of Agency Meeting Sunshine Act Meeting Notice: Change in Time of Closed Meeting; Change in to anyone for any items or services Pursuant to the provisions of the Date and Time of Open Meeting (other than an emergency item or ‘‘Government in the Sunshine Act’’ (5 service not provided in a hospital U.S.C. 552b), notice is hereby given that, Federal Register Citations of Previous emergency room) furnished, ordered or at 10:24 a.m. on Tuesday, January 13, Announcements: 69 FR 1289, January 8, prescribed by an excluded party under 2004, the Board of Directors of the 2004, 69 FR 1746, January 12, 2004. the Medicare, Medicaid, and all Federal Federal Deposit Insurance Corporation Change of Meeting Times and Date: Health Care programs. In addition, no met in closed session to consider The closed meeting of the Board of program payment is made to any matters relating to the Corporation’s Directors previously scheduled for 11 business or facility, e.g., a hospital, that supervisory and corporate activities. a.m. on Wednesday January 14, 2004, is submits bills for payment for items or In calling the meeting, the Board now scheduled to begin at 10 a.m. on services provided by an excluded party. determined, on motion of Vice Wednesday, January 14, 2004. The open Program beneficiaries remain free to Chairman John M. Reich, seconded by meeting of the Board of Directors decide for themselves whether they will Director Thomas J. Curry, concurred in originally scheduled for 10 a.m. on continue to use the services of an by Ms. Julie Williams, acting in the January 14, 2004, is now scheduled to excluded party even though no program place and stead of Director John D. begin at 2 p.m. on Friday, January 23, payments will be made for items and Hawke, Jr. (Comptroller of the 2004. It will follow the previously services provided by that excluded Currency), Ms. Carolyn Buck, acting in announced public hearing. See 69 FR party. The exclusions have national the place and stead of Director James E. 1289 (January 8, 2004). effect and also apply to all Executive Gilleran (Director, Office of Thrift FOR FURTHER INFORMATION CONTACT: Branch procurement and non- Supervision), and Chairman Donald E. Mary Gottlieb, Paralegal Specialist, procurement programs and activities.

Subject name Address Effective date

Program-Related Convictions: Allmon, Jeffrey ...... Centralia, WA ...... 1/20/2004 Archon, Vashon ...... New Iberia, LA ...... 1/20/2004 Armenta, Lourdes ...... Anaheim, CA ...... 9/22/2003 Broadnax, Lashayna ...... Silver Creek, MS ...... 1/20/2004 Brooks, Nickie ...... Cincinnati, OH ...... 1/20/2004 Brown, Anetha ...... Jackson, MS ...... 1/20/2004 Brown, Renarda ...... Jackson, MS ...... 1/20/2004 Bruce, James ...... San Bernardino, CA ...... 1/20/2004 Bryant, Joyce ...... Pompano Beach, FL ...... 1/20/2004 Bryant, Joyce ...... Pompano Beach, FL ...... 1/20/2004 Cabrera, Teresa ...... La Habra, CA ...... 1/20/2004 Carney, Diane ...... Emmetsburg, IA ...... 1/20/2004 Coen, Lenoris ...... Ivydale, WV ...... 1/20/2004 Cruz-Gomez, Maria ...... Salt Lake City, UT ...... 1/20/2004 Deburger, Donna ...... Goodyear, AZ ...... 1/20/2004 Edwards, Alta ...... West Point, MS ...... 1/20/2004 Elshingety, Musa ...... Minersville, PA ...... 1/20/2004 Faenza, Matthew ...... Ringwood, NJ ...... 1/20/2004

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Subject name Address Effective date

Flores-Meiggs, Mirtha ...... Salt Lake City, UT ...... 1/20/2004 Frumkin, Eli ...... Great Neck, NY ...... 1/20/2004 Gootgeld, Donna ...... Hollywood, FL ...... 1/20/2004 Graham, Willie ...... St Paul, MN ...... 1/20/2004 Green, Donald ...... Cumberland, MD ...... 1/20/2004 Herbst, Robert ...... Independence, KY ...... 1/20/2004 Huerta, Albert ...... Montgomery, PA ...... 1/20/2004 Kai, Lyle ...... Kailua, HI ...... 1/20/2004 Kirshner, Howard ...... Hewlett Harbor, NY ...... 1/20/2004 Kozelka, Charles ...... Cleveland, OH ...... 1/20/2004 Lombardi, Luis ...... Lawndale, CA ...... 1/20/2004 Lopez-Falcone, Juan ...... Miami, FL ...... 1/20/2004 Mitchell, Melody ...... Colorado Springs, CO ...... 1/20/2004 Moody, Carthan ...... Morgantown, WV ...... 1/20/2004 Mullins, Jeannine ...... Columbus, OH ...... 1/20/2004 Okon, Martin ...... Los Angeles, CA ...... 1/20/2004 Orozco, Raquel ...... Temecula, CA ...... 9/22/2003 Pacheco, Michael ...... Passaic, NJ ...... 1/20/2004 Parodi, Leroy ...... Las Vegas, NV ...... 1/20/2004 Reliable Medical Care, Inc ...... Las Vegas, NV ...... 1/20/2004 Robbins-Fitzgerald, Lynn ...... New York, NY ...... 1/20/2004 Rodriguez, Jackeline ...... Draper, UT ...... 1/20/2004 RX 2000 Pharmacy, Inc ...... Jersey City, NH ...... 1/20/2004 Sadati, Liane ...... Miami Lakes, FL ...... 1/20/2004 Siegfried, Susan ...... Chaska, MN ...... 1/20/2004 Simmons, Sandra ...... Fontana, CA ...... 1/20/2004 Slone, Phillip ...... Centerville, OH ...... 1/20/2004 Slone, Sharon ...... Marion, OH ...... 1/20/2004 Stamm, Amie ...... Arnold, MO ...... 1/20/2004 Torres, Rafaela ...... Salt Lake City, UT ...... 1/20/2004 Tye, Dora ...... Phoenix, AZ ...... 1/20/2004 Valenzuela, Jessica ...... Salt Lake City, UT ...... 1/20/2004 Ventura, America ...... Long Beach, CA ...... 1/20/2004 Wells, Dennis ...... Beatrice, NE ...... 1/20/2004 Westcare Transport, Inc ...... Culver City, CA ...... 1/20/2004 Williamson, Tammy ...... Seattle, WA ...... 1/20/2004 Felony Conviction For Health Care Fraud: Bruder, Gary ...... Wellington, FL ...... 1/20/2004 Cichowicz, Wayne ...... Cicero, IL ...... 1/20/2004 Durban, Tacy ...... Sebree, KY ...... 1/20/2004 Hicks, Brenda ...... Mansfield, OH ...... 1/20/2004 Mills, Gregory ...... Chillicothe, OH ...... 1/20/2004 Paolino, Richard ...... Houtzdale, PA ...... 1/20/2004 Shields, Donna ...... Aurora, CO ...... 1/20/2004 Thomas, Rosie ...... Jackson, MS ...... 1/20/2004 Three Irons, Gale ...... Hardin, MT ...... 1/20/2004 Welsh, Eddie ...... Dover, NH ...... 1/20/2004 Felony Controlled Substance Conviction: Amendola, James ...... Philadelphia, PA ...... 1/20/2004 Bires, Patti ...... Greensburg, PA ...... 1/20/2004 Brown, Jo-Ellen ...... Des Moines, IA ...... 1/20/2004 Brown, Theresa ...... Ligonier, PA ...... 1/20/2004 Collier, Wesley ...... Waymart, PA ...... 1/20/2004 Dimartino, Carrado ...... Belmont, MA ...... 1/20/2004 Feher, Elissa ...... Fort Gratiot, MI ...... 1/20/2004 Frazier, Rena ...... Newberry, SC ...... 1/20/2004 Kennedy, Lesley ...... Cincinnati, OH ...... 1/20/2004 McCool, Elizabeth ...... Staunton, VA ...... 1/20/2004 Nguyen, Thomas ...... New Cumberland, PA ...... 1/20/2004 Oltman, Deborah ...... Chapin, IA ...... 1/20/2004 Posner, Donny ...... Simi Valley, CA ...... 1/20/2004 Raab, Terri ...... Jamesburg, NJ ...... 1/20/2004 Richard, John ...... Greenwood, AR ...... 1/20/2004 Patient Abuse/Neglect Convictions: Arnett, Lowell ...... Lexington, KY ...... 1/20/2004 Calder, Patricia ...... Canton, SD ...... 1/20/2004 Caneday, Michael ...... Canon City, CO ...... 1/20/2004 Council, Michael ...... Baltimore, MD ...... 1/20/2004 Eldredge, Allen ...... Collinga, CA ...... 1/20/2004 Harjochee, Harbor ...... Wetumka, OK ...... 1/20/2004 Kaiser, Charles ...... Chesterfield, MO ...... 1/20/2004 Legault, Dale ...... Ogdensburg, NY ...... 1/20/2004 Maddox, Neitra ...... Conley, GA ...... 1/20/2004 Pardede, Suherman ...... Tulsa, OK ...... 1/20/2004

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Subject name Address Effective date

Piper, James ...... Madison, WI ...... 1/20/2004 Platt, Lisa ...... Anchorage, AK ...... 1/20/2004 Reynolds, Charlene ...... Mountain Home, AR ...... 1/20/2004 Robinson, Roy ...... Chattanooga, TN ...... 1/20/2004 Soesbe, Bob ...... Gregory, SD ...... 1/20/2004 Taylor, Dale ...... Farnham, VA ...... 1/20/2004 Woodard, Dean ...... Myrtle Beach, SC ...... 1/20/2004 Conviction For Health Care Fraud: Stevens, Rayne ...... Green Bay, WI ...... 1/20/2004 Controlled Substance Convictions: Trunck, William ...... Waldoboro, ME ...... 1/20/2004 License Revocation/Suspension/Surrendered: Adame, Antonio ...... San Jacinto, CA ...... 1/20/2004 Adamson, Robin ...... Delaware, OH ...... 1/20/2004 Allard, Angela ...... Evansville, IN ...... 1/20/2004 Allen, Karen ...... Jacksonville, FL ...... 1/20/2004 Allen, Patricia ...... Anderson, IN ...... 1/20/2004 Alperstein, Arnold ...... Owings Mills, MD ...... 1/20/2004 Appell, Antoinette ...... Homosassa, FL ...... 1/20/2004 Armstrong, Dion ...... New Orleans, LA ...... 1/20/2004 Askevich, Minnie ...... Santa Ana, CA ...... 1/20/2004 Babbs, Mary ...... Hot Springs, AR ...... 1/20/2004 Baldwin, Kathy ...... Big Flat, AR ...... 1/20/2004 Bartles, Bobbi ...... Clarinda, IA ...... 1/20/2004 Benedict, Autumn ...... Wesley Chapel, FL ...... 1/20/2004 Bracamontes, Geronimo ...... Sonoma, CA ...... 1/20/2004 Bradford, Brenda ...... Baltimore, MD ...... 1/20/2004 Braswell, Patricia ...... Ocean Springs, MS ...... 1/20/2004 Brigando, Marianne ...... Edison, NJ ...... 1/20/2004 Brown, David ...... Phoenix, AZ ...... 1/20/2004 Brown, Garry ...... Piedmont, AL ...... 1/20/2004 Bruno, Christina ...... Rolla, MO ...... 1/20/2004 Bussey, John ...... Atlanta, GA ...... 1/20/2004 Butts, Lori ...... Pascoag, RI ...... 1/20/2004 Byer, Lauri ...... Holicong, PA ...... 1/20/2004 Callaway, Angelia ...... Houston, TX ...... 1/20/2004 Cantu, Rudolf ...... Kingwood, TX ...... 1/20/2003 Carlon, Kimberly ...... Long Beach, CA ...... 1/20/2004 Cash, Julia ...... Staunton, VA ...... 1/20/2004 Casoria, Mary ...... Lawrenceville, GA ...... 1/20/2004 Chambers, Carol ...... Irvington, NJ ...... 1/20/2004 Chiaramonte, Evelyn ...... Mesa, AZ ...... 1/20/2004 Clabaugh, Dawn ...... South Bend, IN ...... 1/20/2004 Cliche, Benoit ...... Miami, FL ...... 1/20/2004 Cogswell, Jeanie ...... Urbana, IL ...... 1/20/2004 Coleman, Lynn ...... Mesa, AZ ...... 1/20/2004 Collette, Lisa ...... Ft. Myers, FL ...... 1/20/2004 Colonna, Vincent ...... Cape Coral, FL ...... 1/20/2004 Coon, Michael ...... Port Orange, FL ...... 1/20/2004 Cooper, Marie ...... Charlotte, NC ...... 1/20/2004 Copeland, Reid ...... Sedan, KS ...... 1/20/2004 Cowan Indorf Paulk, Linda ...... Mustang, OK ...... 1/20/2004 Croke, Judith ...... Yukon, OK ...... 1/20/2004 Dalton, Larry ...... Colorado Springs, CO ...... 1/20/2004 Danclar, Wayne ...... Riverdale, GA ...... 1/20/2004 Davidson, Richard ...... Shelton, WA ...... 1/20/2004 Davis, Lisa ...... Clinton, UT ...... 1/20/2004 Dean, Ryan ...... Davie, FL ...... 1/20/2004 Defazio, Ruth ...... The Villages, FL ...... 1/20/2004 Dennison, Randy ...... Orion, IL ...... 1/20/2004 Dickinson, Lynda ...... Mobile, AL ...... 1/20/2004 Douglass, Judith ...... Mendota, IL ...... 1/20/2004 Duncan, Kathleen ...... Lake Worth, FL ...... 1/20/2004 Dunn, Sheila ...... Newport, RI ...... 1/20/2004 Dutton, Edward ...... Macon, GA ...... 1/20/2004 Eie, Yvonne ...... Orlando, FL ...... 1/20/2004 Ellis, Daryl ...... Phenix City, AL ...... 1/20/2004 Elsworth, Terry ...... St. Petersburg, FL ...... 1/20/2004 Enriquez, Javier ...... Avondale, AZ ...... 1/20/2004 Evans, Cathy ...... Arkadelphia, AR ...... 1/20/2004 Fields, Rebecca ...... Perkins, OK ...... 1/20/2004 Fitzgerald, Dawn ...... Tucson, AZ ...... 1/20/2004 Foley, Edwin ...... Santa Clara, CA ...... 1/20/2004 Ford, Michelle ...... Lynchburg, VA ...... 1/20/2004

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Subject name Address Effective date

Foss-McGaha, Lorrie ...... Huntsville, AL ...... 1/20/2004 Foster, Steven ...... Dalton, GA ...... 1/20/2004 Fox, Geoffrey ...... Mount Pleasant, MI ...... 1/20/2004 Fulbright, Valera ...... McLoud, OK ...... 1/20/2004 Gamble, Yolanda ...... St. Petersburg, FL ...... 1/20/2004 Geiger, Douglas ...... Griffin, GA ...... 1/20/2004 Gelb, Jack ...... Stamford, CT ...... 1/20/2004 Gentile, Stephen ...... Malabar, FL ...... 1/20/2004 Gilles, Cesar ...... Los Angeles, CA ...... 1/20/2004 Gleason, Patricia ...... Denham Springs, LA ...... 1/20/2004 Gomes, Michael ...... Port St Lucie, FL ...... 1/20/2004 Gooberman, Lance ...... Merchantville, NJ ...... 1/20/2004 Grajeda, Estella ...... North Hills, CA ...... 1/20/2004 Guerrero, Maria ...... Surprise, CA ...... 1/20/2004 Guerrero, Raul ...... S. Bound Bro, NJ ...... 1/20/2004 Guerrero, Savino ...... Rosemead, CA ...... 1/20/2004 Gunderson, Marla ...... Cape Coral, FL ...... 1/20/2004 Haddad, Tina ...... Shawnee, OK ...... 1/20/2004 Hatcher, Larry ...... Bellville, TX ...... 1/20/2004 Holliday, Beverly ...... Commerce City, CO ...... 1/20/2004 Ingmire, Josh ...... Spokane, WA ...... 1/20/2004 Jacks, Jonathan ...... Lacoochee, FL ...... 1/20/2004 Jeffrey, Suellen ...... Tacoma, WA ...... 1/20/2004 Jones, Kylie ...... Wagoner, OK ...... 1/20/2004 Kean, Deborah ...... Linton, IN ...... 1/20/2004 Khalaf, Omar ...... Birmingham, AL ...... 1/20/2004 Krasny, Elvira ...... Stamford, CT ...... 1/20/2004 Kremer, Svetlana ...... Huntingdon Valley, PA ...... 1/20/2004 Lamb, John ...... Plymouth, NC ...... 1/20/2004 Lee, Melissa ...... Crystal Springs, MS ...... 1/20/2004 Lepoff, Norman ...... Tustin, CA ...... 1/20/2004 Levy, Karen ...... Rome, GA ...... 1/20/2004 Lewis, Carolyn ...... Tucson, AZ ...... 1/20/2004 Lipford, Tim ...... Greenwood, FL ...... 1/20/2004 Lohr, Patricia ...... Lexington, NC ...... 1/20/2004 Longas, Philip ...... Blountville, TN ...... 1/20/2004 Lozzi, Linda ...... Franklin, WI ...... 1/20/2004 Lucas, Christopher ...... Cullman, AL ...... 1/20/2004 Lytle, Joanne ...... Tombstone, AZ ...... 1/20/2004 Madigan, Thomas ...... Pittsburgh, PA ...... 1/20/2004 Marer, Kimberly ...... Sarasota, FL ...... 1/20/2004 Marsh, Freda ...... Martinsville, IN ...... 1/20/2004 Martin, Bobbi ...... Tulsa, OK ...... 1/20/2004 Martin, Penny ...... Little Rock, AR ...... 1/20/2004 Mason, Anne ...... Cullman, AL ...... 1/20/2004 Maynard, Rohnna ...... Georgeown, KY ...... 1/20/2004 McCarthy, John ...... Denver, CO ...... 1/20/2004 McNamee, Brian ...... Strongsville, OH ...... 1/20/2004 Miksis, Mary ...... Mt Holly, NJ ...... 1/20/2004 Miller, Thomas ...... Myrtle Beach, SC ...... 1/20/2004 Miller, Tracy ...... Valrico, FL ...... 1/20/2004 Molisky, Jon ...... Youngstown, OH ...... 1/20/2004 Monroe, William ...... Pensacola, FL ...... 1/20/2004 Montesano, Anna ...... Tucson, AZ ...... 1/20/2004 Mort, Teresa ...... Middleburg, FL ...... 1/20/2004 Nickoson, Cheryl ...... Houma, LA ...... 1/20/2004 Norris, Linda ...... Florence, MS ...... 1/20/2004 Nulf, Linda ...... Rockford, IL ...... 1/20/2004 O’Connor, Kelly ...... Green Bay, WI ...... 1/20/2004 O’Riordan, Patrick ...... Boynton Beach, FL ...... 1/20/2004 Oben, Francis ...... Chicago, IL ...... 1/20/2004 Owens, Angelia ...... New Port Richey, FL ...... 1/20/2004 Pantelis, M ...... Cranberry Township, PA ...... 1/20/2004 Payne, Beatrice ...... Phoenix, AZ ...... 1/20/2004 Perea, Brenda ...... St Petersburg, FL ...... 1/20/2004 Petty, Annmarie ...... Peoria, AZ ...... 1/20/2004 Pickett, Cindy ...... Greensboro Bend, VT ...... 1/20/2004 Pithoud, Brenda ...... Vancouver, WA ...... 1/20/2004 Post, John ...... Lomita, CA ...... 1/20/2004 Powell, Kaylene ...... Everett, WA ...... 1/20/2004 Powell, Sharon ...... McGehee, AR ...... 1/20/2004 Prine, Richard ...... Anchorage, AK ...... 1/20/2004 Pruitt, Scotty ...... Machesney Park, IL ...... 1/20/2004 Quinones, Henry ...... San Andreas, CA ...... 1/20/2004

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Subject name Address Effective date

Rausch, Jeffrey ...... Waterloo, IA ...... 1/20/2004 Rayburn, Mildred ...... Gautier, MS ...... 1/20/2004 Richardson, Jackie ...... Wilkesboro, NC ...... 1/20/2004 Rodwell, Penny ...... Pacific, WA ...... 1/20/2004 Romero, Yolanda ...... Baltimore, MD ...... 1/20/2004 Ronan, John ...... Chicago, IL ...... 1/20/2004 Ruch, David ...... Arlington Hgts, IL ...... 1/20/2004 Rucker, Cassandra ...... Vandalia, MO ...... 1/20/2004 Russo, Sharon ...... Trussville, AL ...... 1/20/2004 Ruszczyk, Judy ...... Glendale, CO ...... 1/20/2004 Sapp, Clark ...... Clearwater, FL ...... 1/20/2004 Sayers, Rhonda ...... Harrison, AR ...... 1/20/2004 Schmitz, Karla ...... Gulf Breeze, FL ...... 1/20/2004 Sciamatore, Mary ...... Poughkeepsie, NY ...... 1/20/2004 Scofield, April ...... Ashford, AL ...... 1/20/2004 Shin, Thomas ...... Garden Grove, CA ...... 1/20/2004 Smith, Dorothy ...... Mobile, AL ...... 1/20/2004 Smith, Vanessa ...... Gulfport, MS ...... 1/20/2004 Smith, William ...... Panama City, FL ...... 1/20/2004 Sonnier, Glenda ...... Maurice, LA ...... 1/20/2004 Standland, Roger ...... Greenwood, FL ...... 1/20/2004 Stephenson, Carole ...... Meridian, MS ...... 1/20/2004 Stone, Teresa ...... Milton, FL ...... 1/20/2004 Terrell, Nancy ...... Gulfport, FL ...... 1/20/2004 Thompson, Jodi ...... Lake Mary, FL ...... 1/20/2004 Thompson, Shannon ...... Kailua-Kona, HI ...... 1/20/2004 Tripi, Pamela ...... Phoenix, AZ ...... 1/20/2004 Turner, Mary ...... Rockledge, FL ...... 1/20/2004 Uluave, Peter ...... American Fork, UT ...... 1/20/2004 Vails, Sharon ...... Stigler, OK ...... 1/20/2004 Vandergrift, Ashlie ...... Albertville, AL ...... 1/20/2004 Ventura, Leopoldina ...... Petaluma, CA ...... 1/20/2004 Ward, Rita ...... Indianapolis, IN ...... 1/20/2004 Watson, Deidre ...... Houston, TX ...... 1/20/2004 Westmoreland, Rosetta ...... Salisbury, NC ...... 1/20/2004 Whitten, Anne ...... Miami, FL ...... 1/20/2004 Willey, Peter ...... Milton, VT ...... 1/20/2004 Williams, Diane ...... Bloomington, MN ...... 1/20/2004 Williams-Smith, Mary ...... Batesville, MS ...... 1/20/2004 Woods, Teri ...... Springville, AL ...... 1/20/2004 Young, Emanuel ...... Proctor, AR ...... 1/20/2004 Younger, Dia ...... Gainesville, FL ...... 1/20/2004 Zryd, Tonya ...... Elizabethtown, KY ...... 1/20/2004 Federal/State Exclusion/Suspension: Martinez, Sylvia ...... Los Angeles, CA ...... 1/20/2004 Fraud/Kickbacks: Hahn, Joan ...... Idaho Falls, ID ...... 11/6/2003 Owned/Controlled By Convicted Entities: Aloha Osteopathic Professionals, Ltd ...... Honolulu, HI ...... 1/20/2004 Confortec Dme, Inc ...... Miami, FL ...... 1/20/2004 Highland Park Healthcare Center ...... Los Angeles, CA ...... 1/20/2004 Pain Management Center Of Dayton, Inc ...... Dayton, OH ...... 1/20/2004 Palm Canyon Dental ...... Palm Springs, CA ...... 1/20/2004 Vein Institute @ Vail Holdings, Inc ...... Littleton, CO ...... 1/20/2004 Default On Heal Loan: Gray, David ...... San Francisco, CA ...... 1/20/2004 Hight, Gregory ...... Nevada City, CA ...... 12/10/2003 Justice, Glenn ...... Las Vegas, NV ...... 11/17/2003 Kinsey, Ronald ...... Columbia, SC ...... 1/20/2004 Lui, Suk-Ching ...... St Louis, MO ...... 1/20/2004 McKinnon, Laurie ...... San Francisco, CA ...... 1/20/2004 Shapley, Kevin ...... Overland Park, KS ...... 1/20/2004

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Dated: January 6, 2004. reduced from 9,200 to 1,000. We have information collection request to the Katherine B. Petrowski, increased the burden hours per Office of Management and Budget. Director, Exclusions Staff, Office Of Inspector applicant to reflect the work that Tribes We will not sponsor nor conduct a General. and individuals submit on NEPA in request for information, and you need [FR Doc. 04–869 Filed 1–14–04; 8:45 am] order to hasten the review of their not respond to such a request unless BILLING CODE 4150–04–P requests. The burden hours remain there is a valid OMB Control Number. 36,800. Please note that comments are open to public review; if you wish to have your DEPARTMENT OF THE INTERIOR 25 CFR 151—Land Acquisitions name and address withheld from the Type of review: Extension of a reviewing public, you must state so Bureau of Indian Affairs currently approved collection. prominently at the beginning of your Title: 25 CFR 151, Acquisition of Title comments. We will honor your request Submission of Information Collection to Land in Trust. to the limit of the appropriate laws. All to Office of Management and Budget Summary: The Secretary of the comments from businesses or their AGENCY: Bureau of Indian Affairs, Interior has statutory authority to representatives will be available for Interior. acquire lands in trust status for public review. We may decide to withhold information for other reasons. ACTION: Notice. individual Indians and federally recognized Indian tribes. The Secretary The Office of Management and Budget SUMMARY: In compliance with the requests information in order to identify has between 30 and 60 days to make a Paperwork Reduction Act of 1995, the the party(ies) involved and a description decision about this information Bureau of Indian Affairs (BIA) is of the land in question. Respondents are collection request; therefore, comments submitting this information collection Native American tribes or individuals received closer to 30 days have a better request to the Office of Management and who request acquisition of real property chance of being considered. Budget for review and renewal. The into trust status. The Secretary also Dated: January 6, 2004. collection is: 25 CFR 151 Land requests additional information Aurene M. Martin, Acquisitions, 1076–0100. necessary to satisfy those pertinent Principal Deputy Assistant Secretary—Indian DATES: Comments must be received on factors listed in 25 CFR 151.10 or Affairs. or before February 17, 2004, to be 151.11. The information is used to [FR Doc. 04–896 Filed 1–14–04; 8:45 am] assured of consideration. determine whether or not the Secretary BILLING CODE 4310–W7–P ADDRESSES: Comments should be sent to will approve an applicant’s request. No the Desk Officer for the Department of specific form is used, but respondents the Interior at the Office of Management supply information and data, in DEPARTMENT OF THE INTERIOR and Budget. You may submit comments accordance with 25 CFR 151, so that the either by telefacsimile at (202) 395– Secretary may make an evaluation and Bureau of Land Management 6566, or by e-mail to determination in accordance with [WO–220–1020–24 1A] [email protected]. Please established Federal factors, rules and send a copy to Pearl Chanar, Bureau of policies. Notice of Public Meeting Indian Affairs, Division of Real Estate Frequency of Collection: One Time. AGENCY: Services, Mail Stop 4513–MIB, 1849 C Bureau of Land Management, Description of Respondents: Native Interior. Street, NW., Washington, DC 20240– American Tribes and Individuals ACTION: Notice of public meeting. 0001. desiring acquisition of lands in trust FOR FURTHER INFORMATION CONTACT: status. SUMMARY: On January 6, 2004, the Interested persons may obtain a copy of Total Respondents: 1,000. Bureau of Land Management (BLM) the information collection request Total Annual Responses: 1,000. published in the Federal Register (Vol. without charge by contacting Pearl Total Annual Burden Hours: 36,800 69, 569–570) a Notice of Availability of Chanar at (202) 219–6410. hours. the draft environmental impact SUPPLEMENTARY INFORMATION: The Reason for response: Required to statement (Draft EIS) for Proposed Paperwork Reduction Act of 1995 obtain or retain benefits. Regulatory Revisions to Grazing provides an opportunity for interested The Bureau of Indian Affairs solicits Regulations for the Public Lands and an parties to comment on proposed comments in order to: announcement of public meetings. BLM information collection requests. This (1) Evaluate whether the proposed originally planned to hold 5 public collection covers 25 CFR 151 as collection of information is necessary meetings to provide opportunities for presently approved. The request for the proper performance of the the public to ask questions and provide contains (1) Type of review, (2) title, (3) functions of the bureau, including comments about the issues and summary of the collection, (4) whether the information will have alternatives considered in the Draft EIS. respondents, (5) frequency of collection, practical utility; Due to public interest BLM is (6) reporting and record keeping (2) Evaluate the bureau’s estimate of announcing another meeting in Billings requirements and (7) reason for the burden of the proposed collection of Montana. response. information, including the validity of DATES: The meeting will be held on A Federal Register notice was the methodology and assumptions used; Monday, February 2, 2004 at the published October 29, 2003 (68 FR (3) Enhance the quality, utility, and Holiday Inn Grand Montana, 5500 61690). No comments were received. clarity of the information to be Midland Road Billings, Montana. The However, based on our review during a collected; and meeting will begin at 6 p.m. and end at revision to the rule that was later (4) Minimize the burden of the approximately 10 p.m. The public withdrawn, we recognize that our data collection of information on those who comment period will end on March 2, should reflect that review. We have are to respond. Any public comments 2004. changed our numbers accordingly. The will be addressed in the Bureau of FOR FURTHER INFORMATION CONTACT: number of respondents has been Indian Affairs’ submission of the Molly S. Brady, Project Coordinator, at

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(202) 452–7714. For information about Hearing-impaired individuals are not accept a document for filing without the Billings meeting location contact advised that information on this matter a certificate of service. Parties are also Mary Apple, (406) 896–5258. can be obtained by contacting the advised to consult the Commission’s SUPPLEMENTARY INFORMATION: The site Commission’s TDD terminal on 202– rules of practice and procedure, part for the public meeting is accessible to 205–1810. General information 201, subparts A through E (19 CFR part individuals with physical impairments. concerning the Commission may also be 201), and part 207, subpart A (19 CFR If you need a special accommodation to obtained by accessing its Internet server part 207) for provisions of general participate in the meeting (e.g., (http://www.usitc.gov). applicability concerning written interpreting service, assistive listening SUPPLEMENTARY INFORMATION: submissions to the Commission. device, or materials in alternative Reopening Record Limited Disclosure of Business format), please notify the contact person Proprietary Information (BPI) Under an no later than (figure out the date two In order to assist it in making its determination on remand, the Administrative Protective Order (APO) weeks prior to meeting). Although we and BPI Service List will attempt to meet all requests Commission is reopening the record in received, the requested accommodations this investigation for the limited Information obtained during the may not always be available. purpose of clarifying purchaser remand investigation will be released to If you plan to present a statement at responses to pricing information. The parties under the administrative the meeting, we will ask you to sign in Commission will provide the parties an protective order (APO) in effect in the before the meeting starts and identify opportunity to file comments on any original investigation. Pursuant to yourself clearly for the record. Your new information received. section 207.7(a) of the Commission’s allotted speaking time at the meeting Participation in the Proceedings rules, the Secretary will make business will be determined before the meeting, proprietary information gathered in the Only those persons who participated final investigation and this remand based upon the number of persons in the appeal of the Commission’s wishing to speak and the approximate investigation available to additional remand proceedings may participate in authorized applicants, that are not time available for the session. You will these remand proceedings. be provided at least three minutes to covered under the original APO, speak. Nature of the Remand Proceedings provided that the application is made If you do not wish to speak at the On January 13, 2004, the Commission not later than seven (7) days after meeting, but you have views, questions, will make available to the parties who publication of the Commission’s notice and concerns about either the Draft EIS participated in the appeal of the remand of reopening the record on remand in or the proposed regulations you may investigation information that has been the Federal Register. Applications must submit written statements for inclusion gathered by the Commission as part of be filed for persons on the Judicial in the public record at the meeting. You these remand proceedings. Parties that Protective Order in the related CIT case, may also submit written comments and are participating in the remand but not covered under the original APO. suggestions regardless of whether you proceedings may file comments on or A separate service list will be attend or speak at the public meeting. before January 23, 2004, on whether any maintained by the Secretary for those new information affects the parties authorized to receive BPI under Dated: January 9, 2004. the APO in this remand investigation. Thomas H. Dyer, Commission’s price effects findings in Authority: This action is taken under the Deputy Assistant Director, Planning and this investigation. Any material in the authority of the Tariff Act of 1930, title VII. Renewable Resources. comments that does not address this [FR Doc. 04–927 Filed 1–14–04; 8:45 am] limited issue will be stricken from the By order of the Commission. record or disregarded. No additional BILLING CODE 4310–84–P Issued: January 12, 2004. new factual information may be Marilyn R. Abbott, included in such comments. Comments Secretary to the Commission. shall be typewritten and submitted in a INTERNATIONAL TRADE font no smaller than 11-point (Times [FR Doc. 04–940 Filed 1–14–04; 8:45 am] COMMISSION New Roman) and shall not exceed 15 BILLING CODE 7020–02–P [Investigation No. 731–TA–860 (Final) double-spaced pages (inclusive of any (Remand)] footnotes, tables, graphs, exhibits, appendices, etc.) JUDICIAL CONFERENCE OF THE Tin- and Chromium-Coated Steel Sheet In addition, all written submissions UNITED STATES From Japan; Notice and Scheduling of must conform with the provisions of Remand Proceedings section 201.8 of the Commission’s rules; Hearings of the Judicial Conference any submissions that contain business Advisory Committee on Rules of AGENCY: International Trade proprietary information (BPI) must also Commission. Appellate, Bankruptcy, and Criminal conform with the requirements of Procedure ACTION: Notice. sections 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission AGENCY: Advisory Committees on Rules SUMMARY: The U.S. International Trade rules do not authorize filing of Appellate, Bankruptcy, and Criminal Commission (the Commission) hereby submissions with the Secretary by Procedure; Judicial Conference of the gives notice of the court-ordered remand facsimile or electronic means. Each United States. of its final antidumping investigation document filed by a party participating No. 731–TA–860 (Final) (Remand). ACTION: Notice of cancellation of two in the remand investigation must be open hearings and rescheduling of two EFFECTIVE DATE: January 12, 2004. served on all other parties who may open hearings. FOR FURTHER INFORMATION CONTACT: participate in the investigation (as Laurent de Winter, Office of General identified by either the public or BPI SUMMARY: The following public hearings Counsel, telephone 202–708–5452, U.S. service list), and a certificate of service on proposed rules amendments have International Trade Commission. must be timely filed. The Secretary will been canceled:

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• Criminal Rules in Atlanta, Georgia, penalties for these violations. Payment DEPARTMENT OF JUSTICE on January 23, 2004; and of the penalty will be subject to • Bankruptcy Rules in Washington, procedures in National Steel Notice of Lodging of Consent Decree DC., on January 30, 2004. Corporation’s Chapter 11 Bankruptcy Under the Clean Water Act • The two public hearings on proceeding, In Re: National Steel Notice is hereby given that on proposed amendments to the Appellate Corporation, et al., No. 02–08699 December 22, 2003, a proposed Consent Rules, originally scheduled for January (Bankr. N.D. Ill., filed March 6, 2002). Decree was lodged with the United 20, 2004, in Los Angeles, California, and States District Court for the Western for January 26, 2004, in Washington, In addition, the settlement agreement District of Michigan in the matter of DC., have both been rescheduled, for calls for the allowance of two general United States et al. v. Walnutdale Farms April 13, 2004, in Washington, DC. The unsecured claims in the amounts of et al., Civil No. 4:00–CV–193. hearing will be held at 8:30 a.m., in the $115,565 and $5,200 for reimbursement of response costs incurred pursuant to At the request of the Environmental Fourth Floor Agency Conference Room Protection Agency (‘‘EPA’’), the United CERCLA by EPA at the Abby Street/ of the Thurgood Marshall Federal States initiated an action in October of Hickory Woods Subdivision Superfund Judiciary building, One Columbus 2002 against Walnutdale Farms, Inc. Circle, NW. Site located in Buffalo, New York and and its owners, Ralph and Kevin [Original notice of all four hearings the Rasmussen Dump Site located in Lettinga (collectively ‘‘Defendants’’) appeared in the Federal Register of Green Oak Township, Michigan, seeking injunctive relief and civil September 10, 2003.] respectively. Payment of these response penalties under Sections 309 (b) and (d) FOR FURTHER INFORMATION CONTACT: John costs will also be subject to procedures of the Clean Water Act (CWA), 33 U.S.C. K. Rabiej, Chief, Rules Committee in National Steel Corporation’s Chapter §§ 1319 (b) and (d). The complaint Support Office, Administrative Office of 11 Bankruptcy proceeding. alleged that the Defendants violated the United States Courts, Washington, The Department of Justice will receive Sections 301 and 402 of the Act, 33 DC 20544, telephone (202) 502–1820. for a period of thirty (30) days from the U.S.C. §§ 1311 and 1342, by Dated: January 12, 2004. date of this publication comments discharging, without a permit, John K. Rabiej, relating to the settlement. Comments wastewater from the Walnutdale Chief, Rules Committee Support Office. should be addressed to the Assistant facility, which is a concentrated animal feeding operation (CAFO). Further, the [FR Doc. 04–911 Filed 1–14–04; 8:45 am] Attorney General, Environment and complaint alleged that the Defendants BILLING CODE 2210–55–M Natural Resources Division, P.O. Box 7611, U.S. Department of Justice, violated the CWA by failing to apply for Washington, DC 20044–7611, and an NPDES permit, and by failing to comply with an administrative order should refer to In Re National Steel, D.J. DEPARTMENT OF JUSTICE issued by EPA in February 2001. On Ref. 90–11–3–07887. November 4, 2002, the Court Notice of Lodging of Settlement The settlement agreement may be Agreement Under the Resource consolidated this action with a examined at the Office of the United Conservation and Recovery Act previously filed action brought by the States Attorney, Northern District of (RCRA), the Clean Water Act, the Clean Sierra Club. Under the proposed Consent Decree, Air Act, the Toxic Substances Control Illinois, 219 South Dearborn Street, the Defendants will implement Act, the Emergency Planning and Suite 300, Chicago, IL 60604 and at U.S. specified remedial measures to assure Community-Right-To-Know Act and EPA Region 5, 77 West Jackson compliance with requirements of the the Comprehensive Environmental Boulevard, Chicago, IL 60604. During CWA and applicable regulations. Response, Compensation and Liability the public comment period, the Among other things, the Consent Decree Act (CERCLA) settlement agreement may also be examined on the following Department requires the Defendants to design, Notice is hereby given that on October of Justice Web site, http:// construct and operate a storm water 17, 2003, a proposed settlement in In Re www.usdoj.gov/enrd/open.html. A copy retention pond with the ability to National Steel Corp., No. 02–08713 was of the settlement agreement may also be capture and store all process wastewater lodged with the United States obtained by mail from the Consent generated by the production area of the facility, including the runoff and direct Bankruptcy Court for the Northern Decree Library, P.O. Box 7611, U.S. District of Illinois. precipitation from a 25-year/24-hour Department of Justice, Washington, DC In this action the United States sought rainfall event. Further, the proposed civil penalties and injunctive relief 20044–7611 or by faxing or e-mailing a Consent Decree requires the Defendants arising from National Steel request to Tonia Fleetwood to prepare and submit for approval to Corporation’s violation of several ([email protected]), fax no. EPA and the Michigan Department of environmental statutes, including the (202) 514–0097, phone confirmation Environmental Quality a Resource Conservation and Recovery number (202) 514–1547. In requesting a Comprehensive Nutrient Management Act, the Clean Water Act, the Clean Air copy from the Consent Decree Library, Plan for the management and utilization Act, the Emergency Planning and please enclose a check in the amount of of all wastes produced at the facility and Community Right-to-Know Act, the $2.00 (25 cents per page reproduction at specific satellite facilities. Finally, the Toxic Substances Control Act, and the cost) payable to the U.S. Treasury. Consent Decree requires the Defendants Comprehensive Environmental to undertake a number of other William D. Brighton, Response, Compensation, and Liability compliance measures with respect to Act (‘‘CERCLA’’) at its three integrated Assistant Chief, Environmental Enforcement the operation and maintenance of waste steel mills in Granite City, Illinois, Section, Environment and Natural Resources storage devices and the land application Division. Ecorse, Michigan, and Portage, Indiana. of farm wastes. In addition to these The settlement agreement calls for the [FR Doc. 04–843 Filed 1–14–04; 8:45 am] compliance requirements, the proposed allowance of a general unsecured claim BILLING CODE 4410–15–M Consent Decree provides for the in the amount of $2.1 million in civil Defendants to pay $100,000 plus

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interest over a four-year period, with a.m. to 5 p.m.; and Thursday, February NATIONAL AERONAUTICS AND half of this amount being paid to the 5, from 8 a.m. to 4:30 p.m., 2004. These SPACE ADMINISTRATION United States as a civil penalty and the times and the agenda topics described [Notice 04–002] other half to Sierra Club in partial below are subject to change. Please refer reimbursement of litigation costs. to the Commission’s webpage for the Revolutionize Aviation Subcommittee; The Department of Justice will most up-to-date meeting information. Meeting receive, for a period of thirty (30) days The Committee’s second public meeting AGENCY: National Aeronautics and from the date of this publication, is tentatively scheduled for April 28–30, Space Administration (NASA). comments relating to the proposed 2004, in the Washington, DC, ACTION: Consent Decree. Comments should be metropolitan area. Further information Notice of meeting. addressed to the Assistant Attorney on that meeting will be published in the SUMMARY: General, Environment and Natural The National Aeronautics and Federal Register and posted on the Resources Division, P.O. Box 7611, U.S. Space Administration announces a Commission’s Web site. Department of Justice, Washington, DC forthcoming meeting of the Revolutionize Aviation Subcommittee 20044–7611, and should refer to United ADDRESSES: The February 3–5 meeting (RAS). States et al. v. Walnutdale Farms et al., will be held at the Bethesda Marriott D.J. Ref. 90–5–1–1–07515. Hotel, 5151 Pooks Hill Road, Bethesda, DATES: Wednesday, February 4, 2004, 9 The proposed Consent Decree may be MD 20814, (301) 897–9400, http:// a.m. to 4 p.m. examined at the Office of the United marriott.com/property/propertyPage/ ADDRESSES: NASA Headquarters, 300 E States Attorney, 2nd Floor Federal WASBT. Street, SW., Room 7H46A, Washington, Courthouse 315 W. Allegan, Room 252, DC 20546. Lansing, MI 48933, and at U.S. EPA FOR FURTHER INFORMATION CONTACT: Erin FOR FURTHER INFORMATION CONTACT: Ms. Region 5, 77 West Jackson Boulevard, Vos, Sound Project Manager, Marine Bernice Lynch, National Aeronautics Chicago, Illinois 60604. During the Mammal Commission, 4340 East-West and Space Administration, NASA public comment period, the Consent Hwy., Rm. 905, Bethesda, MD 20814, Headquarters, Washington, DC 20546, Decree also may be examined on the e-mail: [email protected], tel.: (301) 504– 202/358–4594. following Department of Justice Web 0087, fax: (301) 504–0099; or visit the SUPPLEMENTARY INFORMATION: The site, http://www.usdoj.gov/enrd/ Commission Web site at www.mmc.gov. meeting will be open to the public up open.html. A copy of the Consent to the seating capacity of the room. SUPPLEMENTARY INFORMATION: This Decree may also be obtained by mail Agenda topics for the Revolutionize meeting is to be held pursuant to the from the Consent Decree Library, P.O. Aviation Subcommittee (RAS) meeting directive in the Omnibus Box 7611, U.S. Department of Justice, are as follows: Washington, DC 20044–7611 or by Appropriations Act of 2003 (Pub. L. 108–7) that the Commission convene a — Review Agenda, & Logistics faxing or e-mailing a request to Tonia — Aeronautics Technology conference or series of conferences to Fleetwood ([email protected]), Subcommittee Charter and ‘‘share findings, survey acoustic ‘threats’ fax No. (202) 514–0097, phone Membership confirmation number (202) 514–1547. In to marine mammals, and develop means — Opening Remarks by Associate requesting a copy from the Consent of reducing those threats while Administrator for Aerospace Decree library, please enclose a check in maintaining the oceans as a global Technology the amount of $15 (25 cents per page highway of international commerce.’’ — Aeronautics Technology Update reproduction cost) payable to the U.S. The meeting agenda will include — An Assessment of NASA’s Treasury. presentations and panel discussions on Aeronautics Technology Programs by William D. Brighton, (1) the basics of sound in the ocean, (2) the Aeronautics and Space Engineering Board of the National Assistant Chief, Environmental Enforcement sound sources of interest or concern for Section, Environment and Natural Resources marine mammals, (3) the uses and Research Council Division. characteristics anthropogenic sound in — Analysis & Strategic Planning — Next Steps/Action Summary [FR Doc. 04–844 Filed 1–14–04; 8:45 am] the marine environment, (4) the impacts BILLING CODE 4410–15–M of sound on marine mammals, and (5) Attendees will be requested to sign a the relevant U.S. governmental register and to comply with NASA authorities. The agenda will also security requirements, including the MARINE MAMMAL COMMISSION include two public comment sessions presentation of a valid picture ID, before and one set of facilitated small-group receiving an access badge. Foreign Meeting of Advisory Committee on discussions. Guidelines for making nationals attending this meeting will be Acoustic Impacts on Marine Mammals public comments, background required to provide the following information: full name; gender; date/ documents, and the meeting agenda, AGENCY: Marine Mammal Commission. place of birth; citizenship; visa/green including the specific times of public ACTION: Notice of advisory committee card information (number, type, comment periods, will be posted on the meeting. expiration date); employer/affiliation Commission’s Web site prior to the information (name of institution, SUMMARY: The Marine Mammal meeting. Written comments can be address, county, phone); and title/ Commission (Commission) is pleased to submitted at the meeting. position of attendee. To expedite announce the first meeting of the Dated: January 9, 2004. admittance, attendees can provide Advisory Committee on Acoustic David Cottingham, identifying information in advance by Impacts on Marine Mammals Executive Director. contacting Bernice Lynch via email at (Committee) in Bethesda, MD. [email protected] or by [FR Doc. 04–865 Filed 1–14–04; 8:45 am] DATES: This public meeting will be held telephone at (202) 358–4594. Persons Tuesday, February 3, from 9 a.m. to 5:30 BILLING CODE 6820–31–M with disabilities who require assistance p.m.; Wednesday, February 4, from 9 should indicate this.

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It is imperative that the meeting be NATIONAL AERONAUTICS AND Administrator of the National held on this date to accommodate the SPACE ADMINISTRATION Aeronautics and Space Administration. scheduling priorities of the key Written objections to the prospective [Notice 04–005] participant. grant of a license should be sent to Notice of Prospective Patent License Randall M. Heald, Assistant Chief Michael F. O’Brien, Counsel/Patent Counsel, and John F. Assistant Administrator for External AGENCY: National Aeronautics and Kennedy Space Center. Relations, National Aeronautics and Space Space Administration. Administration. DATE(S): Responses to this Notice must ACTION: Notice of prospective patent [FR Doc. 04–842 Filed 1–14–04; 8:45 am] be received by January 15, 2004. license. FOR FURTHER INFORMATION CONTACT BILLING CODE 7510–01–P : SUMMARY: NASA hereby gives notice Randall M. Heald, Assistant Chief that Every Little Bit, Incorporated, of Counsel/Patent Counsel, John F. NATIONAL AERONAUTICS AND 1611 South Utica #316, Tulsa, Kennedy Space Center, Mail Code: CC– SPACE ADMINISTRATION Oklahoma 74104, has applied for an A, Kennedy Space Center, FL 32899, exclusive license to practice the telephone (321) 8677214. [Notice (04–004)] invention disclosed in NASA Case No. Dated: January 8, 2004. LAR 16324–1 entitled ‘‘Self-Activating Robert M. Stephens, Notice of Prospective Patent License System and Method for Alerting When Deputy General Counsel. an Object or a Person Is Left [FR Doc. 04–841 Filed 1–14–04; 8:45 am] AGENCY: National Aeronautics and Unattended,’’ for which a U.S. Patent BILLING CODE 7510–01–P Space Administration. Application was filed and assigned to ACTION: Notice of prospective patent the United States of America as license. represented by the Administrator of the NUCLEAR REGULATORY National Aeronautics and Space COMMISSION Administration. Written objections to SUMMARY: NASA hereby gives notice that Bigelow Development Aerospace the prospective grant of a license should Agency Information Collection Division, LLC, having offices in Las be sent to NASA Langley Research Activities: Proposed Collection; Vegas, Nevada, has applied for an Center. NASA has not yet made a Comment Request exclusive license to practice the determination to grant the requested license and may deny the requested AGENCY: U. S. Nuclear Regulatory inventions described and claimed in Commission (NRC). Patent No. 5,610,363 entitled license even if no objections are ACTION: Notice of pending NRC action to ‘‘Enhanced Whipple Shield’’; Patent No. submitted within the comment period. submit an information collection 6,647,855 entitled ‘‘Method for DATE(S): Responses to this notice must request to OMB and solicitation of Deploying a Hypervelocity Shield’’; be received by January 30, 2004. public comment. pending U.S. patent application entitled FOR FURTHER INFORMATION CONTACT: Kurt ‘‘Flexible Multi-Shock Shielding,’’ Case G. Hammerle, Patent Attorney, Mail SUMMARY: The NRC is preparing a No. MSC–23314–1; and pending U.S. Stop 212, NASA Langley Research submittal to OMB for review of patent application entitled ‘‘Shielding Center, Hampton, VA 23681–2199. continued approval of information Apparatus and Method of Use,’’ Case Telephone (757) 864–2470; Fax (757) collections under the provisions of the No. MSC–22330–1. Each of the above- 864–9190. Paperwork Reduction Act of 1995 (44 listed patents and patent applications Dated: January 8, 2004. U.S.C. Chapter 35). are assigned to the United States of Robert M. Stephens, Information pertaining to the America as represented by the Deputy General Counsel. requirement to be submitted: Administrator of the National [FR Doc. 04–839 Filed 1–14–04; 8:45 am] 1. The title of the information Aeronautics and Space Administration. BILLING CODE 7510–01–P collection: State Agreements Program, as Written objections to the prospective authorized by Section 274(b) of the grant of a license should be sent to the Atomic Energy Act. Johnson Space Center. NASA has not NATIONAL AERONAUTICS AND 2. Current OMB approval number: yet made a determination to grant the SPACE ADMINISTRATION 3150–0029. requested license and may deny the 3. How often the collection is requested license even if no objections [Notice 04–003] required: One time or as needed. are submitted within the comment 4. Who is required or asked to report: Notice of Prospective Patent License period. Thirty-three Agreement States whose AGENCY: National Aeronautics and governors have signed Section 274(b) DATE(S): Responses to this notice must Space Administration Agreements with NRC. be received by January 30, 2004. ACTION: Notice of prospective patent 5. The number of annual respondents: FOR FURTHER INFORMATION CONTACT: license. 33. James Cate, Patent Attorney, NASA 6. The number of hours needed Johnson Space Center, Mail Stop HA, SUMMARY: NASA hereby gives notice annually to complete the requirement or Houston, TX 77058–8452; telephone that Nivis LLC has applied for an request: 1,035 (7.5 hours per response). (281) 483–1001. exclusive patent license to practice the 7. Abstract: Agreement States are invention described and claimed in asked on a one-time or as-needed basis, Dated: January 8, 2004. KSC–12386 entitled ‘‘Wireless e.g., to respond to a specific incident, to Robert M. Stephens, Instrumentation System and Power gather information on licensing and Deputy General Counsel. Management Scheme Therefore,’’ which inspection practices and other technical [FR Doc. 04–840 Filed 1–14–04; 8:45 am] is assigned to the United States of statistical information. The results of BILLING CODE 7510–01–P America as represented by the such information requests, which are

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authorized under Section 274(b) of the PENSION BENEFIT GUARANTY under part 4219 apply to interest Atomic Energy Act, are utilized in part CORPORATION accruing during the first quarter by NRC in preparing responses to (January through March) of 2004. Congressional inquiries. Agreement Required Interest Rate Assumption for FOR FURTHER INFORMATION CONTACT: State comments are also solicited in the Determining Variable-Rate Premium; Harold J. Ashner, Assistant General areas of proposed procedure and policy Interest on Late Premium Payments; Counsel, Office of the General Counsel, development. Interest on Underpayments and Pension Benefit Guaranty Corporation, Overpayments of Single-Employer 1200 K Street, NW., Washington, DC Submit, by March 15, 2004, comments Plan Termination Liability and that address the following questions: 20005, 202–326–4024. (TTY/TDD users Multiemployer Withdrawal Liability; may call the Federal relay service toll- 1. Is the proposed collection of Interest Assumptions for free at 1–800–877–8339 and ask to be information necessary for the NRC to Multiemployer Plan Valuations connected to 202–326–4024.) Following Mass Withdrawal properly perform its functions? Does the SUPPLEMENTARY INFORMATION: information have practical utility? AGENCY: Pension Benefit Guaranty Variable-Rate Premiums 2. Is the burden estimate accurate? Corporation. Section 4006(a)(3)(E)(iii)(II) of the 3. Is there a way to enhance the ACTION: Notice of interest rates and Employee Retirement Income Security quality, utility, and clarity of the assumptions. Act of 1974 (ERISA) and § 4006.4(b)(1) information to be collected? SUMMARY: This notice informs the public of the PBGC’s regulation on Premium 4. How can the burden of the of the interest rates and assumptions to Rates (29 CFR part 4006) prescribe use information collection be minimized, be used under certain Pension Benefit of an assumed interest rate (the including the use of automated Guaranty Corporation regulations. These ‘‘required interest rate’’) in determining collection techniques or other forms of rates and assumptions are published a single-employer plan’s variable-rate information technology? elsewhere (or can be derived from rates premium. The required interest rate is A copy of the draft supporting published elsewhere), but are collected the ‘‘applicable percentage’’ (currently statement may be viewed free of charge and published in this notice for the 85 percent) of the annual yield on 30- convenience of the public. Interest rates at the NRC Public Document Room, One year Treasury securities for the month are also published on the PBGC’s Web preceding the beginning of the plan year White Flint North, 11555 Rockville site (http://www.pbgc.gov). for which premiums are being paid (the Pike, Room O–1 F21, Rockville, The PBGC notes that the provisions of ‘‘premium payment year’’). (Although Maryland 20852. OMB clearance the Job Creation and Worker Assistance the Treasury Department has ceased requests are available at the NRC Act of 2002 that temporarily increased issuing 30-year securities, the Internal worldwide Web site http:// the required interest rate to be used to Revenue Service announces a surrogate www.nrc.gov/public-involve/doc- determine the PBGC’s variable-rate yield figure each month—based on the comment/omb/index.html. The premium to 100% (from 85%) of the 30-year Treasury bond maturing in document will be available on the NRC annual yield on 30-year Treasury February 2031—which the PBGC uses to home page site for 60 days after the securities expired at the end of 2003. determine the required interest rate.) signature date of this notice. Thus, the required interest rate The required interest rate to be used in Comments and questions about the announced in this notice for plan years determining variable-rate premiums for information collection requirements beginning in January 2004 has been premium payment years beginning in may be directed to the NRC Clearance determined under prior law, and January 2004 is 4.31 percent (i.e., 85 Officer, Brenda Jo Shelton, U.S. Nuclear represents a significant decrease from percent of the 5.07 percent yield figure Regulatory Commission, T–5 F52, the rate for plan years beginning in for December 2003). December 2003. Legislation has been Washington, DC 20555–0001, by The PBGC notes that the provisions of proposed that would further change the telephone at (301) 415–7233, or by the Job Creation and Worker Assistance rules for determining the required Internet electronic mail to Act of 2002 that temporarily increased interest rate. If such legislation is the required interest rate to be used to [email protected]. adopted, and the change affects the determine the PBGC’s variable-rate Dated at Rockville, Maryland, this 9th day required interest rate for plan years premium to 100% (from 85%) of the of January 2004. beginning in January 2004, the PBGC annual yield on 30-year Treasury For the Nuclear Regulatory Commission. will promptly publish a Federal securities expired at the end of 2003. Brenda Jo Shelton, Register notice with the new required Thus, the required interest rate interest rate and post the change on the NRC Clearance Officer, Office of the Chief announced in this notice for plan years PBGC’s Web site. Information Officer. beginning in January 2004 has been DATES: [FR Doc. 04–868 Filed 1–14–04; 8:45 am] The required interest rate for determined under prior law, and determining the variable-rate premium represents a significant decrease from BILLING CODE 7590–01–P under part 4006 applies to premium the rate for plan years beginning in payment years beginning in January December 2003. Legislation has been 2004. The interest assumptions for proposed that would further change the performing multiemployer plan rules for determining the required valuations following mass withdrawal interest rate. If such legislation is under part 4281 apply to valuation dates adopted, and the change affects the occurring in February 2004. The interest required interest rate for plan years rates for late premium payments under beginning in January 2004, the PBGC part 4007 and for underpayments and will promptly publish a Federal overpayments of single-employer plan Register notice with the new required termination liability under part 4062 interest rate and post the change on the and multiemployer withdrawal liability PBGC’s Web site.

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The following table lists the required Liability (29 CFR part 4219) specifies RAILROAD RETIREMENT BOARD interest rates to be used in determining the rate at which a multiemployer plan variable-rate premiums for premium is to charge or credit interest on Proposed Collection; Comment payment years beginning between underpayments and overpayments of Request February 2003 and January 2004. withdrawal liability under section 4219 SUMMARY: In accordance with the of ERISA unless an applicable plan requirement of Section 3506(c)(2)(A) of For premium payment years The required provision provides otherwise. For beginning in: interest rate is: the Paperwork Reduction Act of 1995 interest accruing during any calendar which provides opportunity for public February 2003 ...... 4.94 quarter, the specified rate is the average comment on new or revised data March 2003 ...... 4.81 quoted prime rate on short-term collections, the Railroad Retirement April 2003 ...... 4.80 commercial loans for the fifteenth day board (RRB) will publish periodic May 2003 ...... 4.90 (or the next business day if the fifteenth summaries of proposed data collections. June 2003 ...... 4.53 day is not a business day) of the month July 2003 ...... 4.37 Comments are invited on: (a) Whether preceding the beginning of the quarter, the proposed information collection is August 2003 ...... 4.93 as reported by the Board of Governors September 2003 ...... 5.31 necessary for the proper performance of October 2003 ...... 5.14 of the Federal Reserve System in the functions of the agency, including November 2003 ...... 5.16 Statistical Release H.15 (‘‘Selected whether the information has practical December 2003 ...... 5.12 Interest Rates’’). The rate for the first utility; (b) the accuracy of the RRB’s January 2004 ...... 4.31 quarter (January through March) of 2004 estimate of the burden of the collection (i.e., the rate reported for December 15, of the information; (c) ways to enhance Late Premium Payments; 2003) is 4.00 percent. the quality, utility, and clarity of the Underpayments and Overpayments of The following table lists the information to be collected; and (d) Single-Employer Plan Termination withdrawal liability underpayment and ways to minimize the burden related to Liability overpayment interest rates for the the collection of information on Section 4007(b) of ERISA and specified time periods: respondents, including the use of § 4007.7(a) of the PBGC’s regulation on automated collection techniques or Payment of Premiums (29 CFR part From Through Interest rate other forms of information technology. 4007) require the payment of interest on (percent) Title and purpose of information late premium payments at the rate 7/1/97 ...... 12/31/98 ...... 8.50 collection: Public Service Pension established under section 6601 of the 1/1/99 ...... 9/30/99 ...... 7.75 Questionnaires; OMB 3220–0136. Public Internal Revenue Code. Similarly, 10/1/99 ...... 12/31/99 ...... 8.25 Law 95–216 amended the Social § 4062.7 of the PBGC’s regulation on 1/1/00 ...... 3/31/00 ...... 8.50 Security Act of 1977 by providing, in Liability for Termination of Single- 4/1/00 ...... 6/30/00 ...... 8.75 part, that spouse or survivor benefits Employer Plans (29 CFR part 4062) 7/1/00 ...... 3/31/01 ...... 9.50 may be reduced when the beneficiary is requires that interest be charged or 4/1/01 ...... 6/30/01 ...... 8.50 in receipt of a pension based on credited at the section 6601 rate on 7/1/01 ...... 9/30/01 ...... 7.00 employment with a Federal, State, or underpayments and overpayments of 10/1/01 ...... 12/31/01 ...... 6.50 local governmental unit. Initially, the employer liability under section 4062 of 1/1/02 ...... 12/31/02 ...... 4.75 reduction was equal to the full amount 1/1/03 ...... 9/30/03 ...... 4.25 ERISA. The section 6601 rate is of the government pension. Public Law 10/1/03 ...... 3/31/04 ...... 4.00 established periodically (currently 98–21, changed the reduction to two- quarterly) by the Internal Revenue thirds of the amount of the government Service. The rate applicable to the first Multiemployer Plan Valuations pension. Sections 4(a)(1) and 4(f)(1) of quarter (January through March) of Following Mass Withdrawal the Railroad Retirement Act (RRA) 2004, as announced by the IRS, is 4 The PBGC’s regulation on Duties of provides that a spouse or survivor percent. Plan Sponsor Following Mass annuity should be equal in amount to The following table lists the late Withdrawal (29 CFR part 4281) what the annuitant would receive if payment interest rates for premiums and prescribes the use of interest entitled to a like benefit from the Social employer liability for the specified time assumptions under the PBGC’s Security Administration. Therefore, the periods: regulation on Allocation of Assets in public service pension (PSP) reduction Single-Employer Plans (29 CFR part provision applies to RRA annuities. Interest rate Regulations pertaining to the From Through (percent) 4044). The interest assumptions applicable to valuation dates in collection of evidence relating to public service pensions or worker’s 7/1/96 ...... 3/31/98 ...... 9 February 2004 under part 4044 are 4/1/98 ...... 12/31/98 ...... 8 contained in an amendment to part 4044 compensation paid to spouse or 1/1/99 ...... 3/31/99 ...... 7 published elsewhere in today’s Federal survivor applicants or annuitants are 4/1/99 ...... 3/31/00 ...... 8 Register. Tables showing the found in 20 CFR 219.64c. The RRB utilizes Form G–208, Public 4/1/00 ...... 3/31/01 ...... 9 assumptions applicable to prior periods 4/1/01 ...... 6/30/01 ...... 8 Service Pension Questionnaire, and are codified in appendix B to 29 CFR 7/1/01 ...... 12/31/01 ...... 7 Form G–212, Public Service Monitoring part 4044. 1/1/02 ...... 12/31/02 ...... 6 Questionnaire, to obtain information 1/1/03 ...... 9/30/03 ...... 5 Issued in Washington, DC, on this 12th day used to determine whether an annuity 10/1/03 ...... 3/31/04 ...... 4 of January, 2004. reduction is in order. The RRB proposes Joseph H. Grant, a minor non-burden impacting editorial Underpayments and Overpayments of Deputy Executive Director and Chief change to Form G–208. Form G–212 is Multiemployer Withdrawal Liability Operating Officer, Pension Benefit Guaranty being revised to add additional Section 4219.32(b) of the PBGC’s Corporation. questions needed to accurately adjust an regulation on Notice, Collection, and [FR Doc. 04–874 Filed 1–14–04; 8:45 am] annuitant’s monthly benefit. The new Redetermination of Withdrawal BILLING CODE 7708–01–P questions are intended to eliminate the

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need for follow-up contact with an recipient at least concurrent with initial promulgated under the Act. All annuitant. withholding that the payer is, in fact, interested persons are referred to the Completion of the forms is voluntary. withholding benefits for tax liability and application(s) and/or declaration(s) for However, failure to complete the forms that the recipient has the option of complete statements of the proposed could result in the nonpayment of electing not to have the payer withhold, transaction(s) summarized below. The benefits. One response is requested of or to withhold at a specific rate; (2) application(s) and/or declaration(s) and each respondent. The completion time withhold benefits for tax purposes (in any amendment(s) is/are available for for the G–208 and the G–212 is the absence of the recipient’s election public inspection through the estimated at 15 minutes. The RRB not to withhold benefits); and (3) notify Commission’s Branch of Public estimates that approximately 70 Form all beneficiaries, at least annually, that Reference. G–208’s and 1,100 Form G–212’s are they have the option of changing their Interested persons wishing to completed annually. withholding status or elect not to have comment or request a hearing on the FOR FURTHER INFORMATION CONTACT: To benefits withheld. application(s) and/or declaration(s) request more information or to obtain a The Railroad Retirement Board should submit their views in writing by copy of the information collection provides Form RRB W–4P, Withholding February 2, 2004, to the Secretary, justification, forms, and/or supporting Certificate for Railroad Retirement Securities and Exchange Commission, material, please call the RRB Clearance Payments, to its annuitants to exercise Washington, DC 20549–0609, and serve Officer at (312) 751–3363 or their withholding options. Completion a copy on the relevant applicant(s) and/ [email protected]. Comments of the form is required to obtain or or declarant(s) at the address(es) regarding the information collection retain a benefit. One response is specified below. Proof of service (by should be addressed to Ronald. J. requested of each respondent. affidavit or, in the case of an attorney at Hodapp, Railroad Retirement Board, 844 No changes are being proposed to the law, by certificate) should be filed with North Rush Street, Chicago, Illinois, current version of Form RRB W–4P used the request. Any request for hearing 60611–2092 or by the RRB. The RRB estimates that should identify specifically the issues of [email protected]. Written 20,000 annuitants utilize Form RRB W– facts or law that are disputed. A person comments should be received within 60 4P annually. The completion time for who so requests will be notified of any days of this notice. Form RRB W–4P varies depending on hearing, if ordered, and will receive a individual circumstances. The average copy of any notice or order issued in the Charles Mierzwa, completion time for Form RRB W–4P is matter. After February 2, 2004, the Clearance Officer. estimated at 40 minutes for application(s) and/or declaration(s), as [FR Doc. 04–870 Filed 1–14–04; 8:45 am] recordkeeping, 25 minutes for learning filed or as amended, may be granted BILLING CODE 7905–01–M about the law or the form, and 59 and/or permitted to become effective. minutes for preparing the form. C&T Enterprises, Inc., et al. (70–10185) FOR FURTHER INFORMATION CONTACT: To C&T Enterprises, Inc. (‘‘C&T’’), a RAILROAD RETIREMENT BOARD request more information or to obtain a holding company exempt by order copy of the information collection Proposed Collection; Comment under section 3(a)(1) of the Act from all justification, forms, and/or supporting Request provisions of the Act except section material, please call the RRB Clearance 9(a)(2),1 1775 Industrial Boulevard, SUMMARY: In accordance with the Officer at (312) 751–3363 or send an e- Lewisburg, Pennsylvania 17837, and its requirement of Section 3506 (c)(2)(A) of mail to [email protected]. parent companies Claverack Rural the Paperwork Reduction Act of 1995 Comments regarding the information Electric Cooperative, Inc. (‘‘Claverack’’), which provides opportunity for public collection should be addressed to RR 2 Box 17, Wysox, Pennsylvania comment on new or revised data Ronald J. Hodapp, Railroad Retirement 18854, and Tri-County Rural Electric collections, the Railroad Retirement Board, 844 N. Rush Street, Chicago, Cooperative, Inc. (‘‘Tri-County’’ and Board (RRB) will publish periodic Illinois 60611–2092 or send e-mail to collectively, ‘‘Applicants’’), 22 North summaries of proposed data collections. [email protected]. Written Main Street, Mansfield, Pennsylvania Comments are invited on: (a) Whether comments should be received within 60 16933, both Pennsylvania rural electric the proposed information collection is days of this notice. cooperatives and holding companies necessary for the proper performance of Charles Mierzwa, exempt by order under section 3(a)(1) of the functions of the agency, including the Act from all provisions of the Act whether the information has practical Clearance Officer. except section 9(a)(2),2 have filed an utility; (b) the accuracy of the RRB’s [FR Doc. 04–871 Filed 1–14–04; 8:45 am] application with the Commission under estimate of the burden of the collection BILLING CODE 7905–01–M sections 3(a)(1) and 9(a)(2) of the Act. of the information; (c) ways to enhance the quality, utility, and clarity of the I. Applicants information to be collected; and (d) SECURITIES AND EXCHANGE Claverack, a Pennsylvania corporation ways to minimize the burden related to COMMISSION and an exempt holding company, is a the collection of information on [Release No. 35–27792] rural electric cooperative. As of respondents, including the use of December 31, 2002, it rendered service automated collection techniques or Filings Under the Public Utility Holding to approximately 17,200 customers in other forms of information technology. Company Act of 1935, as Amended an eight-county region in north central Title and purpose of information (‘‘Act’’) and northeastern Pennsylvania. Its collection: Withholding Certificate for service territory is approximately 1,820 Railroad Retirement Monthly Annuity January 9, 2004. square miles and is limited primarily to Payments; OMB 3220–0149. Notice is hereby given that the The Internal Revenue Code requires following filing(s) has/have been made 1 See C&T Enterprises, HCAR No. 27590 (October all payers of tax liable private pensions with the Commission pursuant to 31, 2002). to U.S. citizens to: (1) Notify each provisions of the Act and rules 2 See id.

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the Commonwealth of Pennsylvania.3 Wellsboro (‘‘Wellsboro’’), another above, the Commission authorized C&T Claverack is not subject to utility Pennsylvania corporation. to acquire Valley on October 31, 2002. regulation by any state or federal Wellsboro provides retail electricity During the two months that Valley was agency. Its operations are overseen by service in parts of Tioga County in north a subsidiary C&T, the utility earned the United States Department of central Pennsylvania, serving approximately $2,038,841 in total utility Agriculture’s Rural Utilities Services’ approximately 5,700 customers in a 266 revenues and $82,465 in net income. Division. For the year ended December square mile territory. For the year ended Valley is subject to the jurisdiction of 31, 2002, Claverack’s operating electric December 31, 2002, Wellsboro: (1) the Pa PUC and the New York Public revenues were approximately $21.1 Earned approximately $7.3 million in Service Commission, which regulate the million (on a non-consolidated basis). electric operating revenues; (2) owned company’s retail rates, terms and Its assets at December 31, 2002 were assets were approximately $8.1 million, conditions of service, accounting, approximately $57 million, consisting of consisting of approximately $6.2 million issuance of securities, transactions with approximately $44 million in in identifiable electric utility property, affiliated companies and other matters. plant and equipment and approximately identifiable electric utility property, II. Reorganization plant and equipment and approximately $1.9 million in other corporate assets; $13 million in other corporate assets. and (3) had net income of $72,766. The Tri-County and Claverack intend to Claverack’s net income for the year Pennsylvania Public Utility Commission consolidate the operations of all utility- ended December 31, 2002 was (‘‘Pa PUC’’) regulates Wellsboro’s retail related subsidiaries under C&T. This $1,569,554. Claverack and Tri-County electricity rates, as well as the terms and would be accomplished through two each hold a 50% ownership interest in conditions of its service. transfers (collectively, C&T, another exempt holding company C&T, a Pennsylvania corporation, is ‘‘Reorganization’’): Tri-County would described further below. an exempt holding company. It holds all transfer all of the common stock of of the common stock of Citizens Electric Wilderness to C&T and, simultaneously, Tri-County is a rural electric Wilderness would transfer all of the cooperative rendering retail electric Company (‘‘Citizens’’) and Valley Energy (‘‘Valley’’), both public-utility common stock of Wellsboro to C&T. service predominantly to the residents After the Reorganization, Wilderness of Pennsylvania’s Northern Tier.4 As of companies, and Susquehanna Energy Plus, Inc. (‘‘SEP’’), a nonutility would be an inactive company and December 31, 2002, Tri-County would no longer be a holding company provided retail electric service to company. For the year ended December 31, 2002, C&T’s net income was within the meaning of the Act. approximately 17,900 customers, in an To ensure that Claverack is making a area encompassing 4,484 square miles $319,595, its operating revenues were $430,031, and it owned assets worth contribution equivalent to the one that in the following Pennsylvania counties: Tri-County is making by the transfer of Bradford, Cameron, Clinton, Lycoming, $30,893,256. Citizens, a Pennsylvania corporation, Wilderness/Wellsboro, Claverack has McKean, Potter and Tioga. For the year provides retail electricity service to already transferred its ownership of SEP ended December 31, 2002, Tri-County approximately 6,500 customers within a to C&T. Upon obtaining regulatory had electric operating revenues of 6 fifty-five square mile service area that approval, Wilderness would transfer to approximately $19.1 million (on a non- includes parts of Union and C&T up to $5.4 million in long-term consolidated basis). The assets of Tri- Northumberland Counties in central debt that Wellsboro currently owes to County were approximately $43 million 7 Pennsylvania. For the year ended Wilderness. Wilderness would in identifiable electric utility property, December 31, 2002, Citizens: (1) Earned refinance with C&T its $13.2 million of plant and equipment and approximately approximately $11.7 million in electric debt owed to the National Rural $16 million in other corporate assets. operating revenues; (2) owned assets Cooperative Finance Corporation, Tri-County’s net income for the year worth approximately $13.2 million, consisting of the $5.4 million incurred ending December 31, 2002 was consisting of approximately $5.9 million by Wellsboro and approximately $9 $365,994. Tri-County is not subject to in identifiable electric utility property, million in acquisition debt incurred utility-style regulation by any state or plant and equipment and approximately when Wilderness purchased Wellsboro. federal agency. Like Claverack, Tri- $7.3 million in other corporate assets; Finally, C&T would finance the $13.2 County’s operations are overseen by the and (3) earned $402,505 in net income. million with the National Cooperative United States Department of Citizens is regulated as a public utility Services Corporation. Agriculture’s Rural Utilities Services’ After the Reorganization, the two by the Pa PUC, which establishes its Division. rural electric cooperatives would retail rates and other terms of its service. continue to be the sole shareholders of Wilderness, a Pennsylvania Valley, a Pennsylvania corporation, is the common stock of C&T, C&T would corporation and an exempt holding engaged in the business of selling and continue to be a subsidiary of both Tri- company, is a wholly owned subsidiary distributing natural gas to County and Claverack, and C&T would of Tri-County. For the year ending approximately 6,300 retail customers in hold directly all of the common stock of December 31, 2002, Wilderness’ net a 104 square mile territory that includes three public-utility companies: Citizens, income was -$365,005, its operating in parts of Bradford County, which is in Valley, and Wellsboro. revenue was $150,607, and its assets north-central Pennsylvania, and were valued at $14,189,045 (on a non- Chemung and Tioga Counties, which are III. Proposals consolidated basis). Wilderness has one in south-central New York.5 As of subsidiary, which it wholly owns: Applicants request authority for December 31, 2002, Valley’s assets were Claverack and C&T to acquire all of the valued at approximately $18 million, common stock of Wellsboro through 3 Claverack also serves a small percentage of consisting of identifiable natural gas their proposed acquisition of its parent customers in bordering counties of New York. Its utility property, plant and equipment, New York sales are all a result of four metering points where electricity is sold to New York State net of depreciation. As mentioned 6 Applicants state that the Pa PUC has already Electric & Gas Co. for resale to New York consumers approved the transfer of long-term debt from near the Pennsylvania/New York border. 5 Approximately 5,000 customers are located in Wilderness to C&T. 4 Tri-County also serves a very small percentage Pennsylvania, and the remaining 1,300 customers 7 Wellsboro used the proceeds from the sales of of customers in bordering counties of New York. are located in New York. this long-term debt to fund capital projects.

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company, Wilderness. Additionally, an I. Self-Regulatory Organization’s less than 20 days after the date of order is requested from the Commission Statement of the Terms of Substance of service of the written statement. continuing the exemptions under the Proposed Rule Change (c) If the person against whom a fine section 3(a)(1) of Claverack, Tri-County, The Amex proposes to add three is imposed pays the fine, such payment and C&T from all provisions of the Act, existing reports to the list of reports will be deemed to be a waiver of such except section 9(a)(2). submitted to the Financial Regulation person’s right to a hearing before an For the Commission, by the Division of Department (‘‘FRD’’) that may be subject Exchange Disciplinary Panel and to an Investment Management, under delegated to a fine under Amex’s Minor Rule appeal to the Amex Adjudicatory authority. Violation Fine Plan (‘‘Plan’’). Council. The text of the proposed rule change Margaret H. McFarland, (d) Any person against whom a fine is below. Additions are italicized; is imposed pursuant to Part 3 of this Deputy Secretary. 3 deletions are in brackets. Rule may contest the Exchange’s [FR Doc. 04–878 Filed 1–14–04; 8:45 am] * * * * * determination by notifying the Secretary BILLING CODE 8010–01–P Rule 590. Minor Rule Violation Fine of the Exchange not later than the date System by which such determination must be contested, at which point the matter SECURITIES AND EXCHANGE Part 1 General Rule Violations No shall become subject to the provisions of COMMISSION change Article V, Section l(b) of the Part 2 Floor Decorum Violations No Constitution. In any such formal [Release No. 34–49041; File No. SR–Amex– change disciplinary proceeding, if the 2003–97] Disciplinary Panel determines that the Part 3 Reporting Violations person charged is guilty of the reporting Self-Regulatory Organizations; Notice (a) Notwithstanding Article V, Section violation, the Panel shall be free to of Filing of Proposed Rule Change by 1(b) of the Constitution, the Exchange impose any one or more of the the American Stock Exchange LLC may, subject to the requirements set disciplinary sanctions authorized by the Relating to Amendment of Exchange forth herein, impose a fine of $50 a day Exchange’s Constitution and rules. Rule 590 on any member or member organization (e) The Exchange shall issue an for the late filing of those reports listed information circular to the membership January 8, 2004. in Paragraph (g) of Part 3 of this Rule from time to time listing the reports Pursuant to section 19(b)(1) of the required to be filed pursuant to Rule 30. (listed below in Paragraph (g)) as to (b) In any action taken by the Securities Exchange Act of 1934 which the Exchange may impose fines Exchange pursuant to Part 3 of this (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 as provided in Part 3 of this Rule. Rule, any person against whom a fine is notice is hereby given that on November imposed shall be served with a written (f) A request for an extension of time 13, 2003, the American Stock Exchange statement, signed by an authorized to file a report must be submitted to the LLC (‘‘Amex’’ or ‘‘Exchange’’) filed with officer of the Exchange Department or Exchange prior to the filing deadline. the Securities and Exchange Division responsible for receiving the Any report containing material Commission (‘‘Commission’’) the delinquent report, setting forth (i) the inaccuracies shall be deemed not to proposed rule change as described in name of the delinquent report (ii) the have been filed until a corrected copy of Items I, II, and III below, which Items fine imposed for such violation, and (iii) the report has been resubmitted. have been prepared by the Exchange. the date by which such determination (g) The following is a list of the The Commission is publishing this becomes final and such fine becomes reports required to be filed with the notice to solicit comments on the due and payable to the Exchange, or Exchange as to which the Exchange may proposed rule change, as amended, from such determination must be contested impose fines for late filing pursuant to interested persons. as provided below, such date to be not Part 3 of this Rule.

Report Required to be filed by Frequency/due date

A. EXAMINATIONS ∑ [Exam 12 (Report of financial condition)] ...... [(1)(6)] ...... [Monthly—17th business day following month- end]. ∑ Equity Computation * ...... [(3)(4)(6) and other orgs. not subject to SEC Monthly—17th business day following month- Rule 15c3–1] Sole members and member end. organizations designated to the Amex NOT subject to SEC Rule 15c3–1 that are en- gaged solely in the business of acting as registered traders. ∑ Net Capital Computation [(Regulatory finan- [(1)(2)(3)(4) doing no business with public but] Monthly—17th business day following month- cial report of individual members not associ- Sole members and member organizations end. ated with member orgs., and member orgs. designated to the Amex subject to SEC which do not transact business with the pub- Rule 15c3–1. lic)].

1 15 U.S.C. 78s(b)(1). 3 With the Exchange’s consent, the Commission Counsel, Amex, and Ian K. Patel, Attorney, Division 2 17 CFR 240.19b–4. made a technical correction to the text of the of Market Regulation, Commission, on January 7, proposed rule change. Telephone conversation 2004. between Bill Floyd-Jones, Associate General

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Report Required to be filed by Frequency/due date

∑ X–17A–5 Part II ** (FOCUS Report)...... [(3)(4)(5) carrying customers (subject to Quarterly—17th business day following quar- 15c3–1)] Sole members and member orga- ter-end. nizations designated to the Amex that self- clear or carry customer accounts that are subject to SEC Rule 15c3–1. ∑ X–17A–5 Part I ** (FOCUS Report)...... [(3)(4)(5) carrying customers (subject to Monthly—(Interim to quarterly filings above) 15c3–1)] Sole members and member orga- 17th business day following interim month- nizations designated to the Amex that self- end. clear or carry customer accounts that are subject to SEC Rule 15c3–1. ∑ X–17A–5 Part IIA (FOCUS Report) ...... [Non-clearing (3)(4)(5) not carrying customers Quarterly—17th business day following quar- (subject to 15c3–1)] Sole members and ter-end. member organizations designated to the Amex that are subject to SEC Rule 15c3–1 but do NOT file FOCUS Parts I or II. ∑ X–17A–5 Part IIA (Short Form) (FOCUS Re- [(1)(2)(3)(4) not normally filing FOCUS re- [Annually—17th business day following cal- port). ports] Sole members and member organi- endar year-end] Quarterly—17th business zations that do not file one of the FOCUS day following quarter-end. reports listed above. ∑ Form 171 (Self-Clearing Specialist financial (6) ...... Daily—Next business day. form). ∑ MO 14 and MO 15 (Specialist financial re- (6) ...... Quarterly. ports). ∑ Written Responses to Financial Regulation Members and Member Organizations ...... Two weeks from the date on the Deficiency Examination Deficiency Letters. Letter. ∑ ITSFEA Forms I & II ...... Sole members and member organizations Annually—17th business day following cal- designated to the Amex. endar year end. ∑ Annual Audited Financial Statements ...... Sole members and member organizations Annually—60 calendar days following the date designated to the Amex. of the financial statement. B. TRADING ANALYSIS ∑ 191 Report (Specialist principal trading) ...... (6) ...... Daily—Next business day. ∑ Form 958–C (ROT and Specialist Report of (2)(6)(7) ...... Daily—Next business day. orders entered in underlying securities re- lated to Amex options). ∑ 114A Report (Registered Equity Market (8) ...... Daily—Next business day. Maker trading. ∑ 114B Report (Report of situations when Reg- (Floor Official/Floor Broker) ...... Daily—Next business day. istered Equity Market Maker was asked to bid and/or offer. ∑ Equity Floor Broker Questionnaire ...... Designated Equity Floor Brokers ...... Quarterly—By the date specified by the Ex- change. ∑ Option Floor Broker Questionnaire ...... Designated Options Floor Brokers ...... Semi-Annual—By the date specified by the Exchange. C. MARKET SURVEILLANCE ∑ Form 50 (Short Position) ...... (3)(5) ...... Monthly—Varies (usually around the 17th day of each month). ∑ 1–RA (Exchange transactions initiated from (1)(3)(5) ...... Weekly—Friday following close of the week off-floor). covered in the Report. ∑ 1–S (Round lot short sales transactions) ...... Clearing Firms ...... Weekly—Thursday following close of the week covered in the report. D. MEMBERSHIP SERVICES ∑ Form U–5 ...... Members and Member Organizations ...... 10 days following termination of a clerk. * No prescribed form ** Also applies to self-clearing firms (1) Regular Member (2) Option Principal Member (3) Regular Member Organization (4) Option Principal Organization (5) Assoc. Member Organization (6) Specialist (7) Registered Option Trader

Commentary: .02 Fines imposed pursuant to this .03 Any person that contests a fine .01 Nothing in this Rule shall Rule will generally not be subject to imposed under Rule 590 will be require the Exchange to impose a fine Exchange publicity under Rule 12 of the required to pay a $100 fee to contest pursuant to this Rule with respect to Rules of Procedure Applicable to such fine. This fine will be assessed at any violation covered by the Rule, and Exchange Disciplinary Proceedings. the conclusion of any Disciplinary the Exchange shall be free to proceed However, except for uncontested floor hearing if the person is found guilty of under Article V, Section 1(b) of the decorum violations, they will be the alleged rule violation. It will not be Constitution or Rule 345 rather than reported to the SEC as required by SEC under this Rule. Rule 19d1.

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assessed if the person is found not (ii) responses to FRD Deficiency Letters; III. Date of Effectiveness of the guilty of the charge. and (iii) annual audited financial Proposed Rule Change and Timing for * * * * * statements. The Exchange believes that Commission Action adding these reports to the list of reports II. Self-Regulatory Organization’s that are subject to a fine for late filing Within 35 days of the date of Statement of the Purpose of, and will help ensure the timely submission publication of this notice in the Federal Statutory Basis for, the Proposed Rule of these materials. The Exchange is also Register or within such longer period (i) Change proposing to revise the text of the as the Commission may designate up to In its filing with the Commission, the schedule to Part 3 of Amex Rule 590 to: 90 days of such date if it finds such Amex included statements concerning (1) Eliminate an obsolete report (Form longer period to be appropriate and the purpose of and basis for the 12 has been replaced by the FOCUS publishes its reasons for so finding or proposed rule change, and discussed Report), (2) clarify the obligations of (ii) as to which the Exchange consents, any comments it received on the sole members and member the Commission will: proposed rule change. The text of these organizations designated to the Amex A. by order approve such proposed statements may be examined at the for financial responsibility oversight to rule change, or places specified in Item IV below. The file FOCUS and other reports, and (3) Exchange has prepared summaries, set provide that sole members and member B. institute proceedings to determine forth in Sections A, B, and C below, of organizations designated to the Amex whether the proposed rule change the most significant aspects of such for financial responsibility oversight should be disapproved. statements. that are not subject to the Commission’s IV. Solicitation of Comments A. Self-Regulatory Organization’s Net Capital Rule must file the Short Statement of the Purpose of, and Form FOCUS Report with the Exchange Interested persons are invited to Statutory Basis for, the Proposed Rule quarterly rather than annually. submit written data, views and Change 2. Statutory Basis arguments concerning the foregoing, including whether the proposed rule 1. Purpose The Exchange believes that the change is consistent with the Act. The Exchange has had a Plan since proposed rule change is consistent with Persons making written submissions 1976 that provides a simplified section 6(b) of the Act in general and should file six copies thereof with the furthers the objectives of section procedure for the resolution of minor Secretary, Securities and Exchange rule violations. Codified in Amex Rule 6(b)(1),5 6(b)(6),6 and 6(b)(7) 7 of the Act Commission, 450 Fifth Street, NW., 590, the Plan has three distinct sections: in particular, in that it will enhance the Washington, DC 20549–0609. Part 1 (General Rule Violations), which ability of the Exchange to enforce covers more substantive matters that, compliance by its members and persons Comments may also be submitted nonetheless, are deemed ‘‘minor’’ by the associated with its members with the electronically at the following e-mail Commission and the Amex; Part 2 provisions of the Act, the rules and address: [email protected]. All (Floor Decorum), which covers floor regulations thereunder, and the rules of comment letters should refer to File No. decorum and operational matters; and the Exchange. The Exchange also SR–Amex–2003–97. This file number Part 3 (Reporting Violations) which believes that it will help ensure that should be included on the subject line covers the late submission of routine members and persons associated with if e-mail is used. To help the reports. members are appropriately disciplined Commission process and review Part 3 of Amex Rule 590 allows the for violations of the Act, the rules and comments more efficiently, comments specified departments of the Exchange regulations thereunder, and the rules of should be sent in hardcopy or by e-mail that routinely receive regulatory reports the Exchange; and will provide a fair but not by both methods. Copies of the from members and member procedure for the disciplining of submission, all subsequent organizations to issue abbreviated members and persons associated with amendments, all written statements ‘‘written statements’’ to persons who members. with respect to the proposed rule may have violated the specified change that are filed with the reporting rules. These statements B. Self-Regulatory Organization’s Statement on Burden on Competition Commission, and all written identify the rules violated, the act or communications relating to the omission constituting the violation, and The proposed rule change will impose proposed rule change between the the amount of the fine. The fines are $50 no burden on competition not necessary Commission and any person, other than per day for each day the report is late. or appropriate in furtherance of the those that may be withheld from the The issuance of a written statement does purposes of the Act. not constitute a finding of guilt. Persons public in accordance with the receiving a written statement may plead C. Self-Regulatory Organization’s provisions of 5 U.S.C. 552, will be ‘‘no contest’’ and return the statement to Statement on Comments on the available for inspection and copying in the Exchange with the specified fine. In Proposed Rule Change Received From the Commission’s Public Reference the alternative, persons who are charged Members, Participants or Others Room. Copies of such filing will also be under the Plan may contest the fine and No written comments were solicited available for inspection and copying at receive a hearing before an Exchange or received with respect to the proposed the principal office of the Amex. All Disciplinary Panel. rule change. submissions should refer to SR–Amex– The Exchange is proposing to add 2003–97 and should be submitted by three existing reports to the list of procedures to detect insider trading. ITSEFEA Form February 5, 2004. reports submitted to the FRD that may II is a list of securities accounts maintained by subject to a fine under Amex Rule 590. persons associated with the member or member These are: (i) ITSFEA Forms 1 and 2; 4 organization. 5 15 U.S.C. 78f(b)(1). 4 ITSFEA Form I is a certification that the member 6 15 U.S.C. 78f(b)(6). or member organization has implemented 7 15 U.S.C. 78f(b)(7).

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For the Commission, by the Division of language is italicized; proposed deleted both registered and beneficial Market Regulation, pursuant to delegated language is [bracketed]. shareholders. authority.8 * * * * * [In all cases, such information J. Lynn Taylor, (whether or not furnished to security American Stock Exchange LLC Assistant Secretary. holders) must be disseminated in the Company Guide form of a press release to one or more [FR Doc. 04–879 Filed 1–14–04; 8:45 am] * * * * * newspapers of general circulation in BILLING CODE 8010–01–P New York regularly publishing financial Section 132. Listing Agreements news and to one or more of the national SECURITIES AND EXCHANGE * * * * * news-wire services. Three copies must COMMISSION (a) and (b)—No change. be sent to the Exchange.] (c) Accounting, Annual and [Further information on the handling [Release No. 34–49042; File No. SR–Amex– [Quarterly] Interim Reports— Furnish of press releases is set forth in §§ 401– 2003–84] shareholders with annual reports and 405.] release [quarterly sales] interim [and] * * * * * Self-Regulatory Organizations; Notice earnings and operating results (Sections of Filing of Proposed Rule Change and 603–624). [(Companies not having Sec. 624. Exceptions Amendment No. 1 Thereto by the common stock listed on the Amex or Exceptions to the [Exchange’s] American Stock Exchange LLC To NYSE are required to send annual and requirements set forth in Section 623 Amend Sections 132(c), 623, and 624 quarterly reports to security holders)]; will be made [that quarterly results be of the Amex Company Guide To (d) and (e)—No change. distributed in the form of a press release Update the Requirements for is made] only in cases where conditions Dissemination of Interim Reports by * * * * * peculiar to the type of company, or to Listed Companies Sec. 623. Dissemination the particular company itself, would January 8, 2004. [Interim statements (unaudited) are make such [a release] dissemination Pursuant to Section 19(b)(1) of the not required to be sent to security impracticable or misleading, as in the Securities Exchange Act of 1934 holders by any company whose case of companies dependent upon (‘‘Act’’),1 and Rule 19b–4 thereunder,2 common stock is listed on a national long-term contracts, [or companies] notice is hereby given that on securities exchange. (Any company dependent upon the growth and sale of September 25, 2003, the American Stock may, and many companies, in response a crop in an annual cycle, or Exchange LLC (‘‘Amex’’ or ‘‘Exchange’’) to requests by their shareholders and the [companies] operating under conditions filed with the Securities and Exchange recommendation of the Exchange, now which make such releases virtually Commission (‘‘Commission’’) the do send such statements.)] impossible or misleading. proposed rule change as described in [Companies whose common stock is When the Exchange is convinced that Items I, II, and III below, which Items not listed on a national securities the release of quarterly (or other have been prepared by the Exchange. exchange must send interim statements applicable interim) results is On December 29, 2003, the Amex filed (unaudited) to holders of its securities impracticable, or could be misleading, it Amendment No. 1 to the proposed rule which are listed on the Exchange.] may require an agreement to release a change.3 The Commission is publishing (a) Each issuer whose securities are semi-annual statement of sales and this notice to solicit comments on the listed pursuant to Section 101(a)—(e) earnings, or an interim statement of proposed rule change, as amended, from must disseminate (in the form of a press certain operating statistics which will interested persons. release or other public announcement in serve to indicate the trend of the accordance with the requirements and company’s business during the period I. Self-Regulatory Organization’s procedures set forth in Sections 401– between annual reports. Only when the Statement of the Terms of Substance of 403) statements of earnings and Exchange is convinced that any type of the Proposed Rule Change operating results prior to or as soon as interim release is either impracticable, The Exchange proposes to amend practicable following the date the or misleading, will an agreement calling Sections 132(c), 623, and 624 of the company files its interim reports on an merely for publication of annual Amex Company Guide to update the annual, quarterly or other basis with the statements be accepted. requirements for dissemination of Commission or other applicable A request for an exception should be interim reports by listed companies. regulatory agency. The [Interim] in the form of a letter directed to the Below is the text of the proposed rule statement[s] of [sales and] earnings and Exchange. change, as amended.4 Proposed new operating results must be on the same * * * * * basis of [the same degree of] II. Self-Regulatory Organization’s 8 17 CFR 200.30–3(a)(12). consolidation as the annual report and[. 1 15 U.S.C. 78s(b)(l). Such statements should] disclose, at a Statement of the Purpose of, and 2 17 CFR 240.19b–4. minimum, any substantial items of Statutory Basis for, the Proposed Rule 3 See letter from Claudia Crowley, Vice President, unusual or nonrecurrent nature and Change Listing Qualifications, Amex, to Nancy Sanow, Assistant Director, Division of Market Regulation [will show] net income before and after In its filing with the Commission, the (‘‘Division’’), Commission, dated December 22, federal income taxes or net income and Amex included statements concerning 2003 (‘‘Amendment No. 1’’). Amendment No. 1 the amount of federal income taxes. the purpose of, and basis for, the makes a technical clarification to the proposed rule Three copies must be sent to the proposed rule change and discussed any language of Section 623 of the Amex Company Guide. Exchange. comments it received on the proposed 4 The Commission has made minor formatting (b) Interim statements are not rule change. The text of these statements corrections to the proposal that are technical in required to be sent to security holders. may be examined at the places specified nature at the Amex’s request. Telephone As a matter of fairness, corporations in Item III below. The Amex has conversation between Claudia Crowley, Vice President, Listing Qualifications, Amex, and Sapna [which] that choose to distribute interim prepared summaries, set forth in C. Patel, Special Counsel, Division, Commission, on reports to shareholders [should sections A, B, and C below, of the most January 7, 2004. distribute] must send such reports to significant aspects of such statements.

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A. Self-Regulatory Organization’s 2. Statutory Basis comment letters should refer to File No. Statement of the Purpose of, and the The Amex believes that the proposed SR–Amex–2003–84. This file number Statutory Basis for, the Proposed Rule rule change, as amended, is consistent should be included on the subject line Change with Section 6(b) 7 of the Act in general if e-mail is used. To help the Commission process and review your 1. Purpose and furthers the objectives of Section 6(b)(5) 8 of the Act in particular in that comments more efficiently, comments Section 623 of the Amex Company it is designed to prevent fraudulent and should be sent in hardcopy or by e-mail Guide requires listed companies to manipulative acts and practices, to but not by both methods. Copies of the disseminate statements of earnings and promote just and equitable principles of submission, all subsequent operating results in the form of a press trade, to foster cooperation and amendments, all written statements release.5 Under Section 623, listed coordination with persons engaged in with respect to the proposed rule companies whose common stock is facilitating transactions in securities, to change that are filed with the listed on the Amex or another national remove impediments to and perfect the Commission, and all written securities exchange are not required to mechanism of a free and open market communications relating to the send these reports to shareholders. and a national market system, to protect proposed rule change between the However, a company which lists a non- investors and the public interest and is Commission and any person, other than equity security on the Amex (e.g., bonds not designed to permit unfair those that may be withheld from the or preferred stock) and does not have discrimination between customers, public in accordance with the common stock listed on a national issuers, brokers, or dealers. provisions of 5 U.S.C. 552, will be securities exchange is required to send B. Self-Regulatory Organization’s available for inspection and copying at interim reports to holders of its Amex Statement on Burden on Competition the Commission’s Public Reference listed securities. The Exchange does not believe that Room. Copies of such filing will also be The requirement to send interim the proposed rule change will impose available for inspection and copying at reports to security holders has been in any burden on competition. the principal office of the Exchange. All submissions should refer to the File No. existence for many years, and, according C. Self-Regulatory Organization’s to the Amex, appears to have been SR–Amex–2003–84 and should be Statement on Comments on the submitted by February 5, 2004. intended to address concerns that Proposed Rule Change Received From companies that did not have listed Members, Participants or Others For the Commission, by the Division of common stock received little or no Market Regulation, pursuant to delegated No written comments were solicited media attention. However, with the authority.9 or received with respect to the proposed advent of the Internet and EDGAR, J. Lynn Taylor, investors have ready access to all issuer rule change. Assistant Secretary. press releases and SEC filings. The III. Date of Effectiveness of the [FR Doc. 04–880 Filed 1–14–04; 8:45 am] Amex represents that neither the New Proposed Rule Change and Timing for York Stock Exchange, Inc. nor The Commission Action BILLING CODE 8010–01–P Nasdaq Stock Market, Inc. require that Within 35 days of the date of interim reports be sent to security publication of this notice in the Federal SECURITIES AND EXCHANGE holders, whether or not the issuer has Register or within such longer period (i) COMMISSION listed common stock. Additionally, the as the Commission may designate up to Amex represents that some issuers 90 days of such date if it finds such [Release No. 34–49044; File No. SR–DTC– impacted by this requirement have longer period to be appropriate and 2003–14] complained that it is unnecessarily publishes its reasons for so finding or costly to send interim reports to security (ii) as to which the Exchange consents, Self-Regulatory Organizations; The holders. the Commission will: Depository Trust Company; Notice of A. By order approve such proposed Accordingly, the Exchange is Filing and Immediate Effectiveness of proposing that the requirement to send rule change, or B. Institute proceedings to determine a Proposed Rule Change Relating to interim reports to security holders be the Filing of Service Guides eliminated.6 Other non-substantive and whether the proposed rule change stylistic revisions have also been made should be disapproved. January 8, 2004. to Sections 132, 623, and 624 of the IV. Solicitation of Comments Pursuant to Section 19(b)(1) of the Amex Company Guide to make these Interested persons are invited to Securities Exchange Act of 1934 sections less confusing. submit written data, views and (‘‘Act’’),1 notice is hereby given that on arguments concerning the foregoing, December 1, 2003, The Depository Trust 5 The Amex represents that Section 624 of the including whether the proposed rule Company Guide sets forth certain limited Company (‘‘DTC’’) filed with the exceptions to this requirement, primarily for change, as amended, is consistent with Securities and Exchange Commission companies that are dependent upon long-term the Act. Persons making written (‘‘Commission’’) the proposed rule contracts that make release of quarterly results submissions should file six copies change as described in Items I, II, and impracticable or misleading. The Amex further thereof with the Secretary, Securities represents that exceptions are virtually never III below, which items have been requested. and Exchange Commission, 450 Fifth prepared primarily by DTC. The 6 The Commission notes, however, that if Street, NW., Washington, DC. 20549– Commission is publishing this notice to companies choose to mail interim reports to 0609. Comments may also be submitted solicit comments on the proposed rule shareholders, they should be sent to both registered electronically at the following e-mail change from interested parties. and beneficial shareholders. Nothing in this address: [email protected]. All proposal will change this requirement. See Amex Section 623; see also Securities Exchange Act Release No. 36541 (November 20, 1995), 60 FR 7 15 U.S.C. 78f(b). 9 17 CFR 200.30–3(a)(12). 62921 (December 7, 1995). 8 15 U.S.C. 78f(b)(5). 1 15 U.S.C. 78s(b)(1).

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I. Self-Regulatory Organization’s The Services Guide update will be IV. Solicitation of Comments Statement of the Terms of Substance of implemented upon filing and will be the Proposed Rule Change available to participants and other Interested persons are invited to submit written data, views, and The proposed rule change updates authorized users via CD–ROM and the arguments concerning the foregoing, DTC’s Services Guide. Internet at DTC’s Web site. including whether the proposed rule DTC believes that the proposed rule II. Self-Regulatory Organization’s change is consistent with the Act. Statement of the Purpose of, and change is consistent with the requirements of Section 17A of the Act Persons making written submissions Statutory Basis for, the Proposed Rule should file six copies thereof with the Change and the rules and regulations thereunder applicable to DTC because it Secretary, Securities and Exchange In its filing with the Commission, will contribute to the ease of use of Commission, 450 Fifth Street, NW., DTC included statements concerning DTC’s services and PTS. The proposed Washington, DC 20549–0609. the purpose of and basis for the rule change will be implemented Comments may also be submitted proposed rule change and discussed any consistently with the safeguarding of electronically at the following e-mail comments it received on the proposed securities and funds in DTC’s custody or address: [email protected]. All rule change. The text of these statements control or for which it is responsible comment letters should refer to File No. may be examined at the places specified since the proposed rule change SR–DTC–2003–14. This file number in Item IV below. DTC has prepared enhances the utilization of DTC’s should be included on the subject line summaries, set forth in sections (A), (B), existing services. if e-mail is used. To help the and (C) below, of the most significant Commission process and review your 2 (B) Self-Regulatory Organization’s aspects of these statements. comments more efficiently, comments Statement on Burden on Competition (A) Self-Regulatory Organization’s should be sent in hardcopy or by e-mail Statement of the Purpose of, and DTC perceives no adverse impact on but not by both methods. Copies of the Statutory Basis for, the Proposed Rule competition by reason of the proposed submission, all subsequent Change rule change. amendments, all written statements with respect to the proposed rule In January 2001, DTC filed File No. (C) Self-Regulatory Organization’s 3 change that are filed with the SR–DTC–2001–01 with the Statement on Comments on the Commission, and all written Commission which constituted a Proposed Rule Change Received From restatement of certain sections of the Members, Participants or Others communications relating to the Participant Operating Procedures proposed rule change between the (‘‘POP’’) and Participant Terminal File No. SR–DTC–2001–01 dealt with Commission and any person, other than System (‘‘PTS’’) Manual of DTC. Both the original Services Guides which were those that may be withheld from the the POP and the PTS Manual are developed through discussions with a public in accordance with the hardcopy, multi-volume manuals that, number of participants. Because this provisions of 5 U.S.C. 552, will be among other things, provide rule filing deals with an update to the available for inspection and copying in participants with procedures and existing Services Guides, written the Commission’s Public Reference information pertaining to a number of comments from participants or others Section, 450 Fifth Street, NW., DTC services and describe and have not been solicited or received on Washington, DC 20549. Copies of such document functions and applications of this proposed rule change. filing also will be available for DTC systems. inspection and copying at the principal In that rule filing DTC explained that III. Date of Effectiveness of the office of DTC and DTC’s Web site at both POP and the PTS Manual would Proposed Rule Change and Timing for www.dtc.org/impNtc/mor/index.html. better serve participants and other Commission Action authorized users if they were restated All submissions should refer to File No. The foregoing rule change has become SR–DTC–2003–14 and should be together utilizing modern electronic effective pursuant to Section media. As a result, DTC developed submitted by February 5, 2004. 19(b)(3)(A)(iii) of the Act 4 and Rule Services Guides to replace POP and PTS 19b–4(f)(4)5 promulgated thereunder For the Commission by the Division of Manual documentation. DTC has filed Market Regulation, pursuant to delegated because the proposal effects a change in Services Guides for the following DTC authority.6 an existing service of DTC that (i) does services: Custody, Deposits, Dividend, not adversely affect the safeguarding of J. Lynn Taylor, Reorganization, Settlement, and securities or funds in the custody or Assistant Secretary. Underwriting. In this filing, the control of DTC or for which it is [FR Doc. 04–853 Filed 1–14–04; 8:45 am] Participant Inquiry Notification System responsible and (ii) does not (‘‘PINS’’) function of the Services BILLING CODE 8010–01–P significantly affect the respective rights Guides is being updated to include the or obligations of DTC or persons using End of Month Confirmation Procedures, the service. At any time within sixty which previously were included in days of the filing of the proposed rule DTC’s POP and PTS Manual, and the change, the Commission may summarily fines that are imposed for failure to abrogate such rule change if it appears confirm the month end position to the Commission that such action is statement in a timely manner. No necessary or appropriate in the public substantive changes are being made to interest, for the protection of investors, the procedures of DTC. or otherwise in furtherance of the purposes of the Act. 2 The Commission has modified the text of the summaries prepared by DTC. 3 Securities Exchange Act Release No. 44719, 66 4 15 U.S.C. 78s(b)(3)(A)(iii). FR 44656 (August 24, 2001). 5 17 CFR 240.19b–4(f)(4). 6 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE (A) Self-Regulatory Organization’s consistency to FICC’s approach to these COMMISSION Statement of the Purpose of, and issues. Statutory Basis for, the Proposed Rule FICC believes that adopting a uniform [Release No. 34–49048; File No. SR–FICC– Change rule 8 limiting FICC’s liability to its 2003–09] FICC is seeking to establish a members to direct losses caused by comprehensive standard of care and FICC’s gross negligence, willful Self-Regulatory Organizations; Fixed limitation of liability for the participants misconduct, or violation of Federal Income Clearing Corporation; Notice of of MBSD that is identical to that of securities laws for which there is a Filing of Proposed Rule Change To FICC’s Government Securities Division private right of action: (a) Memorializes Establish a Comprehensive Standard (‘‘GSD’’).4 Historically, the Commission an appropriate commercial standard of of Care and Limit the Mortgage-Backed has left to user-governed clearing care that will protect FICC from undue Securities Division’s Liability to Its agencies the question of how to allocate liability; (b) permits the resources of Participants losses associated with, among other FICC to be appropriately utilized for things, clearing agency functions.5 The promoting the accurate clearance and January 9, 2004. Commission has reviewed clearing settlement of securities; and (c) is Pursuant to section 19(b)(1) of the agency services on a case-by-case basis consistent with similar rules adopted by Securities Exchange Act of 1934 and in determining the appropriate other self-regulatory organizations and (‘‘Act’’),1 notice is hereby given that on standard of care has balanced the need approved by the Commission.9 August 19, 2003, the Fixed Income for a high degree of clearing agency care FICC believes that the proposed rule Clearing Corporation (‘‘FICC’’) filed with the effect the resulting liabilities change is consistent with the with the Securities and Exchange may have on clearing agency operations, requirements of section 17A of the Commission (‘‘Commission’’) the costs, and safekeeping of securities and Act 10 and the rules and regulations 6 proposed rule change described in Items funds. Because standards of care thereunder applicable to FICC because it I, II, and III below, which items have represent an allocation of rights and will permit the resources of FICC to be been prepared primarily by FICC. The liabilities between a clearing agency and appropriately utilized for promoting the Commission is publishing this notice to its participants, which are sophisticated accurate clearance and settlement of solicit comments on the proposed rule financial entities, the Commission has securities. refrained from establishing a unique change from interested parties. federal standard of care and has allowed (B) Self-Regulatory Organization’s I. Self-Regulatory Organization’s clearing agencies and other self- Statement on Burden on Competition Statement of the Terms of Substance of regulatory organizations and their FICC does not believe that the the Proposed Rule Change participants to establish their own standard of care.7 proposed rule change will have any impact or impose any burden on FICC is seeking to establish a MBSD rules already provide for a competition. comprehensive standard of care and standard of care similar to that now limitation of liability with respect to provided for in the GSD rules. The 8 participants of the Mortgage-Backed proposed rule changes make this The proposed rule language for MBSD Clearing 2 Rules Article V, Rule 6, Sections 1(a) and (b) and Securities Division (‘‘MBSD’’). provision identical to that of the GSD. for MBSD EPN Rulebook Article X, Rule 6, Sections II. Self-Regulatory Organization’s Thus, in addition to being responsible to 1(a) and (b) is as follows: (a) The Corporation will not be liable for any Statement of the Purpose of, and participants for gross negligence and willful misconduct, the proposed rule action taken, or any delay or failure to take any Statutory Basis for, the Proposed Rule action, hereunder or otherwise to fulfill the changes provide that MBSD will be Change Corporation’s obligations to its Participants [EPN liable for direct losses caused by its users and Participants], other than for losses caused In its filing with the Commission, violation of Federal securities laws for directly by the Corporation’s gross negligence, which there is a private right of action. willful misconduct, or violation of Federal FICC included statements concerning securities laws for which there is a private right of the purpose of and basis for the Also, MBSD will not be liable for the action. Under no circumstances will the proposed rule change and discussed any acts or omissions of third parties unless Corporation be liable for the acts, delays, omissions, comments it received on the proposed MBSD was grossly negligent, engaged in bankruptcy, or insolvency, of any third party, willful misconduct, or in violation of including, without limitation, any depository, rule change. The text of these statements custodian, sub-custodian, clearing or settlement Federal securities laws for which there may be examined at the places specified system, transfer agent, registrar, data is a private right of action in selecting in Item IV below. FICC has prepared communication service or delivery service (‘‘Third such third party. Moreover, the Party’’), unless the Corporation was grossly summaries, set forth in sections (A), (B), proposed changes will relieve MBSD of negligent, engaged in willful misconduct, or in violation of Federal securities laws for which there and (C) below, of the most significant any liability for consequential and other aspects of these statements.3 is a private right of action in selecting such Third indirect damages. By making these Party; and changes to MBSD rules, both GSD and (b) Under no circumstances will the Corporation 1 15 U.S.C. 78s(b)(1). MBSD rules will be identical, lending be liable for any indirect, consequential, incidental, 2 On January 1, 2003, MBS Clearing Corporation special, punitive or exemplary loss or damage (‘‘MBSCC’’) was merged into the Government (including, but not limited to, loss of business, loss Securities Clearing Corporation (‘‘GSCC’’) and 4 The Commission approved identical rule of profits, trading losses, loss of opportunity and GSCC was renamed FICC. The functions previously language for GSD establishing a comprehensive loss of use) howsoever suffered or incurred, performed by GSCC are now performed by the standard of care and limitation of liability to its regardless of whether the Corporation has been Government Securities Division (‘‘GSD’’) of FICC, members. Securities Exchange Act Release No. advised of the possibility of such damages or and the functions previously performed by MBSCC 48201 (July 21, 2003), 68 FR 44128 [File No. SR– whether such damages otherwise could have been are now performed by MBSD of FICC. Securities GSCC–2002–10]. foreseen or prevented. Exchange Act Release No. 47015 (December 17, 5 Securities Exchange Act Release Nos. 20221 9 See, e.g., Securities Exchange Act Release Nos. 2002), 67 FR 78531 [File Nos. SR–GSCC–2002–09 (September 23, 1983), 48 FR 45167 and 22940 37421 (July 11, 1996), 61 FR 37513 [SR–CBOE–96– and SR–MBSCC–2002–01]. (February 24, 1986), 51 FR 7169. 02] and 37563 (August 14, 1996), 61 FR 43285 [SR– 3 The Commission has modified the text of the 6 Id. PSE–96–21]. summaries prepared by FICC. 7 Id. 10 15 U.S.C. 78q–1.

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(C) Self-Regulatory Organization’s office of FICC and on FICC’s Web site and (C) below, of the most significant Statement on Comments on the at http://www.ficc.com. aspects of such statements.2 Proposed Rule Change Received From All submissions should refer to File (A) Self-Regulatory Organization’s Members, Participants or Others No. SR–FICC–2003–09 and should be Statement of the Purpose of, and submitted by February 5, 2004. Written comments relating to the Statutory Basis for, the Proposed Rule proposed rule change have not yet been For the Commission by the Division of Change solicited or received. FICC will notify Market Regulation, pursuant to delegated authority.11 OCC has recently entered into the Commission of any written clearing agreements with Nasdaq LIFFE Margaret H. McFarland, comments received by FICC. Markets, LLC (‘‘NqLX’’)3 and with Deputy Secretary. III. Date of Effectiveness of the Island Futures Exchange, LLC (‘‘IFX’’)4 [FR Doc. 04–877 Filed 1–14–04; 8:45 am] Proposed Rule Change and Timing for in connection with security futures and Commission Action BILLING CODE 8010–01–P in the case of NqLX, with futures and futures options on broad-based indexes Within thirty-five days of the date of traded on these participant markets. publication of this notice in the Federal SECURITIES AND EXCHANGE These agreements include Register or within such longer period (i) COMMISSION confidentiality provisions protecting as the Commission may designate up to confidential information provided by ninety days of such date if it finds such [Release No. 34–49043; File No. SR–OCC– 2003–02] one party from unauthorized use or longer period to be appropriate and disclosure by the other party. OCC has publishes its reasons for so finding or Self-Regulatory Organizations; The also entered into a clearing agreement (ii) as to which the self-regulatory Options Clearing Corporation; Notice with OneChicago, LLC (‘‘OCX’’)5 which organization consents, the Commission of Filing and Immediate Effectiveness does not contain confidentiality will: of a Proposed Rule Change Relating to provisions. Similarly, there are no (A) By order approve such proposed the Confidential Treatment of Certain confidentiality provisions in the rule change or Information restated participant exchange agreement (B) Institute proceedings to determine among OCC and the various options whether the proposed rule change January 8, 2004. markets. OCC is currently discussing a should be disapproved. Pursuant to section 19(b)(1) of the clearing agreement with CBOE Futures IV. Solicitation of Comments Securities Exchange Act of 1934 Exchange, LLC, and CBOE has requested (‘‘Act’’),1 notice is hereby given that on that confidentiality provisions be Interested persons are invited to June 3, 2003, The Options Clearing included. submit written data, views, and Corporation (‘‘OCC’’) filed with the In order to assure that all participant arguments concerning the foregoing, Securities and Exchange Commission markets have the same rights protecting including whether the proposed rule (‘‘Commission’’) the proposed rule confidential information disclosed to change is consistent with the Act. change as described in Items I, II, and OCC and to avoid the need to negotiate Persons making written submissions III below, which items have been the terms of confidentiality agreements should file six copies thereof with the prepared primarily by OCC. The with current and future participant Secretary, Securities and Exchange Commission is publishing this notice to markets on a case by case basis, OCC Commission, 450 Fifth Street, NW., solicit comments on the proposed rule proposes to publish a policy statement Washington, DC 20549–0609. change from interested persons. with regard to confidential information Comments may also be submitted disclosed to it by participant markets electronically at the following e-mail I. Self-Regulatory Organization’s (‘‘Policy Statement’’). The Policy address: [email protected]. All Statement of the Terms of Substance of Statement will not be incorporated into comment letters should refer to File No. the Proposed Rule Change the by-laws. OCC intends that the Policy SR–FICC–2003–09. This file number The proposed rule change amends as Statement be enforceable against OCC should be included on the subject line set forth in a policy statement OCC’s by the participant markets. if e-mail is used. To help the obligation with regard to the The Policy Statement reflects OCC’s Commission process and review your confidential treatment of certain longstanding practice and express comments more efficiently, comments information provided to OCC by understanding with the various markets should be sent in hardcopy or by e-mail markets to which OCC provides clearing using its clearing services. OCC has but not by both methods. Copies of the and settlement services. always protected the confidentiality of submission, all subsequent new product information and other amendments, all written statements II. Self-Regulatory Organization’s information provided to it by the with respect to the proposed rule Statement of the Purpose of, and markets, and the Policy Statement change that are filed with the Statutory Basis for, the Proposed Rule merely provides a uniform statement of Commission, and all written Change that policy for the benefit of all markets. communications relating to the In its filing with the Commission, OCC’s confidentiality obligations under proposed rule change between the OCC included statements concerning the Policy Statement are substantially Commission and any person, other than the purpose of and basis for the those that may be withheld from the proposed rule change and discussed any 2 The Commission has modified parts of these public in accordance with the comments it received on the proposed statements. 3 Securities Exchange Act Release No. 46722 provisions of 5 U.S.C. 552, will be rule change. The text of these statements (October 25, 2002), 67 FR 67230 (November 4, 2002) available for inspection and copying in may be examined at the places specified [File No. SR–OCC–2002–13]. the Commission’s Public Reference in Item IV below. OCC has prepared 4 Securities Exchange Act Release No. 46058 Section, 450 Fifth Street, NW., summaries, set forth in sections (A), (B), (June 10, 2002), 67 FR 41287 (June 17, 2002) [File Washington, DC 20549. Copies of such No. SR–OCC–2002–08]. 5 Securities Exchange Act Release No. 46653 filing also will be available for 11 17 CFR 200.30–3(a)(12). (October 11, 2002), 67 FR 64689 (October 21, 2002) inspection and copying at the principal 1 15 U.S.C. 78s(b)(1). [File No. SR–OCC–2002–07].

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the same as its confidentiality Washington, DC 20549–0609. solicit comments on the proposed rule obligations under its clearing Comments may also be submitted change from interested persons. agreements with NqLX and IFX. electronically at the following e-mail I. Self-Regulatory Organization’s OCC believes that the proposed rule address: [email protected]. All Statement of the Terms of Substance of change is consistent with the comment letters should refer to File No. requirements of Section 17A of the Act SR–OCC–2003–02. This file number the Proposed Rule Change and the rules and regulations should be included on the subject line OCC is proposing to modify certain of thereunder because it will foster if e-mail is used. To help the its practices and policies with respect to cooperation and coordination with Commission process and review your exercise by exception processing of persons engaged in the clearance and comments more efficiently, comments expiring equity options. Specifically, settlement of securities transactions and should be sent in hardcopy or by e-mail OCC is (1) modifying its methodology will remove impediments to and perfect but not by both methods. Copies of the for extracting closing prices for the mechanism of a national system for submission, all subsequent underlying securities and (2) making the clearance and settlement of amendments, all written statements explicit certain circumstances under securities transactions. with respect to the proposed rule which OCC will remove options on an change that are filed with the (B) Self-Regulatory Organization’s underlying security from exercise by Commission, and all written exception processing. Statement on Burden on Competition communications relating to the OCC does not believe that the proposed rule change between the II. Self-Regulatory Organization’s proposed rule change would impose any Commission and any person, other than Statement of the Purpose of, and material burden on competition. those that may be withheld from the Statutory Basis for, the Proposed Rule public in accordance with the Change (C) Self-Regulatory Organization’s provisions of 5 U.S.C. 552, will be Statement on Comments on the available for inspection and copying in In its filing with the Commission, Proposed Rule Change Received From the Commission’s Public Reference OCC included statements concerning Members, Participants, or Others Section, 450 Fifth Street NW., the purpose of and basis for the Written comments were not and are Washington, DC 20549. Copies of such proposed rule change and discussed any not intended to be solicited with respect filing will also be available for comments it received on the proposed to the proposed rule change, and none inspection and copying at the principal rule change. The text of these statements have been received. office of OCC and OCC’s Web site at may be examined at the places specified http://www.theocc.com. All submissions in Item IV below. OCC has prepared III. Date of Effectiveness of the should refer to the File No. SR–OCC– summaries, set forth in sections (A), (B), Proposed Rule Change and Timing for 2003–02 and should be submitted by and (C) below, of the most significant Commission Action 2 February 5, 2004. aspects of such statements. The foregoing rule change has become For the Commission by the Division of (A) Self-Regulatory Organization’s effective pursuant to section Market Regulation, pursuant to delegated Statement of the Purpose of, and 19(b)(3)(A)(iii) of the Act 6 and Rule authority.8 7 Statutory Basis for, the Proposed Rule 19b–4(f)(4) promulgated thereunder J. Lynn Taylor, Change because the proposal effects a change in Assistant Secretary. an existing service of OCC that (A) does [FR Doc. 04–854 Filed 1–14–04; 8:45 am] The proposed rule change would not adversely affect the safeguarding of modify OCC’s practices and policies BILLING CODE 8010–01–P securities or funds in the custody or with respect to exercise by exception control of OCC or for which it is processing of expiring equity options. responsible and (B) does not SECURITIES AND EXCHANGE Exercise by Exception Processing significantly affect the respective rights COMMISSION or obligations of OCC or persons using Rule 805 sets forth OCC’s procedures the service. At any time within sixty [Release No. 34–49045; File No. SR–OCC– 2003–01] for processing expiring equity and index days of the filing of the proposed rule options. It provides for the use of change, the Commission may summarily Self-Regulatory Organizations; The ‘‘exercise by exception’’ processing 3 to abrogate such rule change if it appears Options Clearing Corporation; Notice expedite the exercise of such expiring to the Commission that such action is of Filing and Immediate Effectiveness options by clearing members. Under necessary or appropriate in the public of a Proposed Rule Change Relating to that procedure, expiring options that are interest, for the protection of investors, Exercise-by-Exception Policies in-the-money by a specified amount are or otherwise in furtherance of the exercised unless a clearing member purposes of the Act. January 8, 2004. instructs otherwise. Equity options are Pursuant to Section 19(b)(1) of the IV. Solicitation of Comments determined to be in-the-money based on Securities Exchange Act of 1934 the difference between the exercise Interested persons are invited to 1 (‘‘Act’’), notice is hereby given that on price and the closing price of the submit written data, views, and May 23, 2003, The Options Clearing underlying security on the last trading arguments concerning the foregoing, Corporation (‘‘OCC’’) filed with the including whether the proposed rule Securities and Exchange Commission 2 The Commission has modified parts of these change is consistent with the Act. (‘‘Commission’’) the proposed rule statements. Persons making written submissions change as described in Items I, II, and 3 ‘‘Exercise by exception’’ processing is a should file six copies thereof with the III below, which items have been procedural convenience extended to clearing Secretary, Securities and Exchange prepared primarily by OCC. The members to relieve them of the operational burden Commission, 450 Fifth Street NW, of entering individual exercise instructions for Commission is publishing this notice to every option contract to be exercised. It is not intended to obviate the need for customers to 6 15 U.S.C. 78s(b)(3)(A)(iii). 8 17 CFR 200.30–3(a)(12). communicate exercise instructions to their brokers. 7 17 CFR 240.19b–4(f)(4). 1 15 U.S.C. 78s(b)(1). OCC Rule 805, Interpretation & Policy .02.

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day before expiration.4 To be exercised by exception processing beginning with procedure with respect to options on under the exercise by exception the June 2003 expiration. that security.7 procedure, equity options must be in the • If OCC does not become aware until Determination Not To Apply Exercise money by at least 3⁄4 of a point per share the Tuesday before expiration or if carried in a customers’ account and at by Exception Processing thereafter that trading in an underlying 1 least ⁄4 of a point per share if carried Rule 805 currently provides that if an security has been halted and if trading does not resume before expiration, the in a firm or market maker account. underlying security is not traded on the exercise by exception procedure will last trading day before expiration, OCC Closing Price Selection Methodology apply, and OCC will fix a closing price may either: Until recently, OCC obtained closing on such basis as it deems appropriate in (i) Fix a closing price on such basis as prices for underlying securities in the the circumstances (including, without it deems appropriate in the following sequence: first from the New limitation, using the last sale price circumstances (including using the last York Stock Exchange, then from the during regular trading hours on the most sales price from the most recent trading American Stock Exchange, and finally recent trading day for which a last sale day for which a last sales price is from the Nasdaq Stock Market. This price is available). available); or • If OCC becomes aware before the method presumed that underlying close of trading on expiration Friday equity securities were traded on only (ii) Determine not to fix a closing that trading in a previously halted one of these markets. However, price for that security, in which case underlying security has resumed, the underlying equity securities are now clearing members may exercise only by exercise by exception procedure will being cross-listed on certain of these giving OCC affirmative instructions. apply, and OCC will fix a closing price markets. Clearing members have strongly for that security in the normal manner. This caused OCC to reassess its preferred that OCC set a closing price If trading in an underlying stock is methodology for selecting closing for an underlying security so that it halted on or before Monday of prices. OCC’s Board of Directors would be subject to exercise by expiration week, firms should have considered the matter at its November exception processing. (Many clearing sufficient time to contact most 2002 meeting and approved an interim members have provisions in their customers for exercise instructions. If modification to OCC’s selection agreements with options customers trading is not halted until after methodology pending further study. providing that unless the customer expiration Monday, firms may not have Under the modified methodology, OCC instructs otherwise, the clearing enough time to obtain such instructions. selects a closing price for a multiply member is authorized to exercise Continuing to apply the exercise by traded underlying security from the options that are in the money by OCC’s exception procedure in this limited exchange that originally listed that threshold amount and not to exercise situation will preserve for firms that security. (OCC determines a security’s options that are not.) OCC’s practice has have no specific exercise instructions original listing market based on the been to honor clearing members’ from a customer the option of relying on trading symbol.) This interim approach preferences and to fix a closing price the provisions in their customer was announced via an information based on the last reported trade even if agreements authorizing them to base memorandum.5 a stock has not traded for an extended exercise decisions on OCC’s exercise To determine a long-term solution, period. In those cases, OCC publishes an thresholds. Firms would, of course, OCC consulted with a broad cross- information memorandum shortly remain free to solicit specific exercise section of its membership. The before each expiration informing market instructions as they deem necessary or consensus of the membership was that participants of the price it intends to use appropriate. This policy change also is OCC should use a composite closing for exercise by exception processing, scheduled to go in effect with the June price, which is a price readily available including the date on which the price 2003 expiration. to all market participants.6 An OCC staff was obtained. Such memoranda remind OCC believes that the proposed rule analysis also concluded that a readers that OCC’s exercise thresholds change is consistent with the composite closing price addressed are an operational convenience, do not requirements of Section 17A of the Act almost all known expiration pricing dictate which options should or should and the rules and regulations issues. At its March 2003 regular not be exercised, and strongly urge firms thereunder because it removes meeting, the Board of Directors to contact customers with expiring long impediments to and perfects the approved the use of composite closing positions. mechanism of a national system for the prices for exercise by exception Despite these precautions, there is a clearance and settlement of securities processing. After completing a clearing risk that using stale closing prices for transactions and protects investors and member awareness program, composite exercise by exception processing can the public interest. closing prices will be used in exercise contribute to unintended exercises or (B) Self-Regulatory Organization’s non-exercises. OCC has therefore Statement on Burden on Competition 4 Rule 805(i) defines the term closing price to reassessed its policy on fixing closing OCC does not believe that the mean the last reported sale price for the underlying prices for underlying securities in proposed rule change would impose any security during regular trading hours as determined which trading has been halted. After by OCC on the trading day immediately preceding burden on competition. the expiration date on a national securities consulting with its clearing members, exchange or other domestic securities market as OCC has determined to establish the 7 Under OCC’s previous clearing system, exercise determined by OCC. following policy: by exception was suspended with respect to an 5 That information memorandum is available on • underlying security by not fixing a closing price for OCC’s Web site at http://www.optionsclearing.com/ If OCC becomes aware at any time that security. Rule 805(j) reflects that procedure. market/infomemos/ nov_02/18537.htm. on or before the Monday before OCC’s current system uses a different process to 6 A composite closing price for an underlying expiration that trading in an underlying suspend exercise by exception and generates security is defined by OCC’s price vendors to mean security has been halted and if trading closing prices for all underlying securities, the last reported sale price from any eligible trade including those for which exercise by exception has source (i.e., primary listing market or participating does not resume before expiration, OCC been suspended. A technical modification is being regional market). It is not an average price. will suspend the exercise by exception made to Rule 805(j) to reflect this change.

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(C) Self-Regulatory Organization’s provisions of 5 U.S.C. 552, will be specialists’ trades against Phlx Statement on Comments on the available for inspection and copying in Automated Communication and Proposed Rule Change Received From the Commission’s Public Reference Execution System (‘‘PACE’’) Members, Participants, or Others Section, 450 Fifth Street NW., executions,5 for trades settling on or Written comments were not and are Washington, DC 20549. Copies of such after January 2, 2004.6 not intended to be solicited with respect filing will also be available for II. Self-Regulatory Organization’s to the proposed rule change, and none inspection and copying at the principal Statement of the Purpose of, and have been received. office of OCC and OCC’s Web site at http://www.theocc.com. All submissions Statutory Basis for, the Proposed Rule III. Date of Effectiveness of the should refer to the File No. SR–OCC– Change Proposed Rule Change and Timing for 2003–01 and should be submitted by Commission Action January 30, 2004. In its filing with the Commission, The foregoing rule change has become Phlx included statements concerning For the Commission by the Division of the purpose of, and basis for, the effective pursuant to Section Market Regulation, pursuant to delegated 19(b)(3)(A)(iii) of the Act 8 and Rule authority.10 proposed rule change and discussed any 19b–4(f)(4)9 promulgated thereunder J. Lynn Taylor, comments it received on the proposed because the proposal effects a change in Assistant Secretary. rule change. The text of these statements may be examined at the places specified an existing service of OCC that (A) does [FR Doc. 04–855 Filed 1–14–04; 8:45 am] in Item IV below. Phlx has prepared not adversely affect the safeguarding of BILLING CODE 8010–01–P securities or funds in the custody or summaries, set forth in Sections A, B, control of OCC or for which it is and C below, of the most significant responsible and (B) does not SECURITIES AND EXCHANGE aspects of such statements. significantly affect the respective rights COMMISSION or obligations of OCC or persons using A. Self-Regulatory Organization’s the service. At any time within sixty [Release No. 34–49040; File No. SR–Phlx– Statement of the Purpose of, and 2003–87] days of the filing of the proposed rule Statutory Basis for, the Proposed Rule Change change, the Commission may summarily Self-Regulatory Organizations; Notice abrogate such rule change if it appears of Filing and Immediate Effectiveness 1. Purpose to the Commission that such action is of Proposed Rule Change by the necessary or appropriate in the public Philadelphia Stock Exchange, Inc. The purpose of the proposed rule interest, for the protection of investors, Relating to Equity Charges for change is to eliminate the PACE or otherwise in furtherance of the Specialists Utilizing PACE on the specialist charge which was reevaluated purposes of the Act. Equity Floor of the Exchange by Phlx and deemed to be unnecessary IV. Solicitation of Comments at this time. In addition, the proposed January 8, 2004. rule change will simplify the equity Interested persons are invited to Pursuant to Section 19(b)(1) of the specialists’ billing structure. submit written data, views, and Securities Exchange Act of 1934 arguments concerning the foregoing, (‘‘Act’’),1 and Rule 19b–4 thereunder,2 2. Statutory Basis including whether the proposed rule notice is hereby given that on December change is consistent with the Act. 30, 2003, the Philadelphia Stock The Exchange believes that its Persons making written submissions Exchange, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) proposal to amend its schedule of dues, should file six copies thereof with the filed with the Securities and Exchange fees and charges is consistent with Secretary, Securities and Exchange Commission (‘‘Commission’’) the Section 6(b) of the Act 7 in general, and Commission, 450 Fifth Street NW., proposed rule change as described in furthers the objectives of Section 6(b)(4) Washington, DC 20549–0609. Items I, II, and III below, which Items of the Act 8 in particular, in that it is an Comments may also be submitted have been prepared by the Phlx. Phlx equitable allocation of reasonable dues, electronically at the following e-mail filed the proposal pursuant to Section fees, and other charges among Exchange address: [email protected]. All 19(b)(3)(A)(ii) of the Act,3 and Rule members, because specialists’ trades comment letters should refer to File No. 19b–4(f)(2)4 thereunder, in that the against PACE executions will no longer SR–OCC–2003–01. This file number proposed rule change establishes or be charged a transaction fee, like PACE should be included on the subject line changes a due, fee, or other charge, trades generally. if e-mail is used. To help the which renders the proposal effective Commission process and review your upon filing with the Commission. The B. Self-Regulatory Organization’s comments more efficiently, comments Commission is publishing this notice to Statement on Burden on Competition should be sent in hardcopy or by e-mail solicit comments on the proposed rule The Exchange does not believe that but not by both methods. Copies of the change from interested persons. submission, all subsequent the proposed rule change will impose amendments, all written statements I. Self-Regulatory Organization’s any inappropriate burden on with respect to the proposed rule Statement of the Terms of Substance of competition. change that are filed with the the Proposed Rule Change Commission, and all written Phlx proposes to amend its schedule 5 PACE is the Exchange’s automated order entry, communications relating to the of dues, fees and charges to eliminate routing and execution system. See Phlx Rules 229 proposed rule change between the the $.20 charge for Phlx equity and 229A. Commission and any person, other than 6 Phlx previously implemented the $.20 PACE those that may be withheld from the 10 17 CFR 200.30–3(a)(12). specialist charge on June 1, 2000. See Securities public in accordance with the 1 15 U.S.C. 78s(b)(1). Exchange Act Release No. 42802 (May 19, 2000), 65 2 17 CFR 240.19b–4. FR 34244 (May 26, 2000). 8 15 U.S.C. 78s(b)(3)(A)(iii). 3 15 U.S.C. 78s(b)(3)(A)(ii). 7 15 U.S.C. 78f(b). 9 17 CFR 240.19b–4(f)(4). 4 17 CFR 240.19b–4(f)(2). 8 15 U.S.C. 78f(b)(4).

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C. Self-Regulatory Organization’s For the Commission, by the Division of the Department on policy, technical and Statement on Comments on the Market Regulation, pursuant to delegated operational issues with respect to Proposed Rule Change Received From authority.11 international telecommunications Members, Participants or Others J. Lynn Taylor, standardization bodies such as the No written comments were either Assistant Secretary. International Telecommunication Union solicited or received. [FR Doc. 04–856 Filed 1–14–04; 8:45 am] (ITU). The ITAC will meet periodically BILLING CODE 8010–01–P throughout the first half of 2004 to III. Date of Effectiveness of the prepare for various ITU Proposed Rule Change and Timing for Telecommunication Standardization Commission Action DEPARTMENT OF STATE Study Group meetings, ITU The foregoing proposed rule change Development meetings, ITU has been designated as a fee change [Public Notice 4536] Radiocommunication meetings, and CITEL. Times and locations of these pursuant to Section 19(b)(3)(A)(ii) of the United States International 9 10 meetings will be announced via the e- Act and Rule 19b–4(f)(2) thereunder, Telecommunication Advisory which renders the proposal effective mail reflectors (list servers) identified Committee Meeting— below. People may join these reflectors upon receipt of this filing by the Radiocommunication Sector (ITAC–R) Commission. At any time within 60 by sending a message identifying the days of the filing of the proposed rule The Department of State announces a reflector they wish to join to change, the Commission may summarily meeting of the ITAC–R. The purpose of [email protected], unless another abrogate such rule change if it appears the Committee is to advise the contact point is provided below for the to the Commission that such action is Department on matters related to meeting in question. necessary or appropriate in the public telecommunication and information TSAG preparations: The ITAC will interest, for the protection of investors, policy matters in preparation for meet January 21, February 19, March 25, or otherwise in furtherance of the international meetings pertaining to April 29, May 20, and June 23, and purposes of the Act. telecommunication and information possibly on June 2, to prepare for the July 12–16 meeting of the ITU–T IV. Solicitation of Comments issues. The ITAC–R will meet to discuss Telecommunication Sector Advisory Interested persons are invited to matters related to the preparations for Group (TSAG). Location and times for submit written data, views, and ITU–R study group meetings taking these meetings will be announced on arguments concerning the foregoing, place in 2004. The ITAC–R meeting will the appropriate reflector list, e.g., itac- including whether the proposal is be convened on January 29, 2004 from [email protected]. ITU–T Study Group 2 preparations: consistent with the Act. Persons making 2 to 4 pm, at The Boeing Company, the The ITAC will meet April 28, 2004 in written submissions should file six Harry C. Stonecipher Conference Center, the Washington, D.C. area to prepare for copies thereof with the Secretary, 1200 Wilson Boulevard, Arlington, the next ITU–T Study Group 2 meeting, Securities and Exchange Commission, Virginia 22209. 450 Fifth Street, NW., Washington, DC which is to be held from May 18–28, Members of the public will be 2004. Location and time for this ITAC 20549–0609. Comments may also be admitted and may join in the discussion submitted electronically at the following meeting will be announced on the subject to instructions of the Chair. reflector list e-mail address: [email protected]. Further information may be obtained by All comment letters should refer to File [email protected]. calling the director of the ITAC–R at No. SR–Phlx–2003–87. This file number ITU–T Study Group 3 preparations: 202–647–0051 or emailing to should be included on the subject line The ITAC will meet on January 29, [email protected]. if e-mail is used. To help the February 25, March 10, April 28, and Commission process and review your Dated: January 7, 2004. possibly on May 12. 2004, to prepare for comments more efficiently, comments Cecily C. Holiday, the next ITU–T Study Group 3 meeting, should be sent in hardcopy or by e-mail Director, ITAC–R, International which is to be held from May 31–June but not by both methods. Copies of the Telecommunications and Information Policy, 4, 2004. Location and time for these submission, all subsequent Department of State. ITAC meetings will be announced on amendments, all written statements [FR Doc. 04–885 Filed 1–14–04; 8:45 am] the appropriate reflector list, e.g., with respect to the proposed rule BILLING CODE 4710–45–R [email protected]. change that are filed with the ITU–T Study Group 4 preparations: Commission, and all written The ITAC will meet on April 1 to communications relating to the DEPARTMENT OF STATE prepare for the next ITU–T Study Group 4 meeting, which is to be held from proposed rule change between the [Public Notice 4583] Commission and any person, other than April 26–May 7, 2004. Location and those that may be withheld from the Notice of Meetings of the United States time for this ITAC meeting will be public in accordance with the International Telecommunication announced on the appropriate reflector provisions of 5 U.S.C. 552, will be Advisory Committee To Prepare for list, e.g., [email protected]. available for inspection and copying in Various Telecommunication ITU–T Study Group 9 preparations: the Commission’s Public Reference Standardization Meetings First Half of The ITAC will meet beginning April 14, Room. Copies of such filing will also be 2004 2004 via e-mail on the appropriate available for inspection and copying at reflector list, e.g., [email protected] the principal office of the Phlx. All The Department of State announces to prepare for the ITU–T Study Group submissions should refer to file number various meetings of the U.S. 9 meeting, which is to be held from May SR–Phlx–2003–87 and should be International Telecommunication 10–14, 2004. Originators must post their submitted by February 5, 2004. Advisory Committee (ITAC). The contributions to the reflector by April purpose of the Committee is to advise 14; comments on the documents must 9 15 U.S.C. 78s(b)(3)(A)(ii). be posted to the same address by April 10 17 CFR.240.19b–4(f)(2). 11 17 CFR 200.30–3(a)(12). 19; originators’ responses must be

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posted by April 21, and final action will later date via e-mail or conference call, of birth and organizational affiliation. be posted by the Department of State no as announced on the reflector. One of the following valid photo later than April 23. If necessary, these ITU–T Special Study Group identifications will be required for dates may be modified, or this meeting preparations: The ITAC will meet admittance: U.S. driver’s license with may be continued through a later date beginning March 26, 2004 via e-mail on your picture on it, U.S. passport, or U.S. via e-mail or conference call, as the reflector list sgd- Government identification. Directions to announced on the reflector. [email protected] to prepare for the the meeting location may be obtained by ITU–T Study Groups 13 and 11 ITU–T Special Study Group (IMT2000 requesting it by e-mail from preparations: The ITAC will meet on and beyond) meeting to be held from [email protected]. April 19–22, 2004. Originators must January 23, 2004 to consider delayed Dated: January 8, 2004. contributions to, and otherwise prepare post their documents to the reflector by March 26, 2004; comments on the Marian Gordon, for, the ITU–T Study Group 13 meeting Director, Telecommunication and to be held on February 3–12, 2004 and documents must be posted to the same address by March 31; originators’ Information Standardization, Department of the ITU–T Study Group 11 meeting to State. be held on March 1–12, 2004. This ITAC responses must be posted by April 3, and final action will be posted by the [FR Doc. 04–886 Filed 1–14–04; 8:45 am] meeting will begin 30 minutes after BILLING CODE 4710–45–P closure of the T1A1/T1S1 Plenaries at Department of State no later than April Radisson Riverwalk Hotel, 1515 6, 2004. If necessary, this meeting may Prudential Drive, Jacksonville, FL be continued through a later date via e- DEPARTMENT OF TRANSPORTATION 32207. Further information may be mail or conference call, as announced announced on the e-mail reflector (list on the reflector. Federal Aviation Administration server) [email protected]. People CITEL PCC II and COMCITEL Group may join this reflector by sending a Preparations: The ITAC will meet on Premium War Risk Insurance message to Marcie Geissinger at January 28 to debrief on COMCITEL (December 16–19, 2003), and on AGENCY: Federal Aviation [email protected] or 303–499– Administration, DOT. 2145 saying they wish to join. February 11 and March 3, 2004 to prepare for the next CITEL PCC I ACTION: Notice of extension of aviation ITU–T Study Group 15 preparations: meeting (March 15–19). Location and insurance. The ITAC will meet from February 11 to times for these meetings will be 17, 2004 via e-mail on the reflector list SUMMARY: This notice contains the text announced on the appropriate reflector [email protected] to consider of a memorandum from the Secretary of list, e.g., [email protected]. Transportation to the President normal (white) contributions to the PCC II will meet on January 27, regarding the extension of the provision ITU–T Study Group 15 meeting to be February 17, March 2, and 16, 2004 to of aviation insurance coverage for U.S. held April 19–30, 2004, Geneva. If prepare for the next PCC II meeting flag commercial air carrier service in necessary, this meeting may be (March 30–April 2). Location and time continued through a later date via e- for these meetings will be announced on domestic and international operations. mail or conference call, as announced the reflector. To be added to the DATES: Dates of extension from on the reflector. If you wish to reflector send and e-mail to December 11, 2003 to February 8, 2004. participate in this meeting, please [email protected]. FOR FURTHER INFORMATION CONTACT: inform Marcie Geissinger at ITAC–D for ITU Telecommunication Helen Kish, Program Analyst, APO–3, or [email protected] or 303–499– Development Advisory Group: The ITAC Eric Nelson, Program Analyst, APO–3, 2145. will meet on January 13 in preparation Federal Aviation Administration, 800 The ITAC will meet on April 1 to for the Ninth Meeting of the ITU Independence Ave., SW., Washington, consider delayed contributions to the Telecommunication Development DC 20591, telephone (202) 267–9943 or ITU–T Study Group 15 meeting. Further Advisory Group (January 21–23, 2004). (202) 267–3090. Or online at FAA information regarding the place and Further information may be obtained by Insurance Web site: http:// time for this meeting will be announced calling the ITAC–D Director at 202 647– insurance.faa.gov. on the e-mail reflector (list server) 0201 or e-mailing to [email protected]. SUPPLEMENTARY INFORMATION: On [email protected]. People may join ITAC–R Study Groups: ITAC–R will December 9, 2003, the Secretary of this reflector by sending a message to meet to discuss matters related to the Transportation authorized a 60-day Marcie Geissinger at preparations for ITU–R Study Groups extension of aviation insurance [email protected] or 303–499– taking place in 2004 on January 29, provided by the Federal Aviation 2145 saying they wish to join. 2004. Further information may be Administration as follows: ITU–T Study Group 17 preparations: obtained by calling the ITAC–R Director Memorandum to the President The ITAC will meet beginning February at 202 647–0051 or e-mailing to 18 via e-mail on the appropriate [email protected]. ‘‘Pursuant to the authority delegated to me reflector list , e.g., [email protected] Members of the public will be by the President in paragraph (3) of Presidential Determination No. 01–29 of to prepare for the ITU–T Study Group admitted to the meetings to the extent September 23, 2001, and the direction of 17 meeting to be held from March 10– that seating is available, and may join in Section 1202 of the Homeland Security Act 19. Originators must post their the discussions, subject to the of 2002, I hereby extend that determination contributions to the reflector by instructions of the Chair. Entrance to the to allow for the provision of aviation February 18, 2004; comments on the Department of State is controlled; insurance and reinsurance coverage for U.S. documents must be posted to the same people intending to attend a meeting at Flag commercial air carrier service in address by February 23; originators’ the Department of State should send domestic and international operations for an responses must be posted February 24, their clearance data by fax to (202) 647– additional 60 days. Pursuant to section 44306(b) of Chapter 443 of 49 U.S.C., and final action will be posted by the 7407 or e-mail to [email protected] not Aviation Insurance, the period for provision Department of State no later than later than 24 hours before the meeting. of insurance shall be extended from February 25, 2004. If necessary, this Please include the name of the meeting, December 11, 2003, through February 8, meeting may be continued through a your name, social security number, date 2004.’’

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/s/Norman Y. Mineta and use the revenue from a PFC at DEPARTMENT OF TRANSPORTATION Affected Public: Air Carriers who Grand Forks International Airport under currently have Premium War-Risk the provisions of the 49 U.S.C. 40117 Federal Highway Administration Insurance with the Federal Aviation and part 158 of the Federal Aviation Regulations (14 CFR part 158). Environmental Impact Statement: Administration. Multiple South and East Texas Issued in Washington, DC, on January 9, On December 16, 2003, the FAA Counties, State of Texas 2004. determined that the application to John M. Rodgers, impose and use the revenue from a PFC AGENCY: Federal Highway Director, Office of Aviation Policy and Plans. submitted by Grand Forks Regional Administration (FHWA), DOT. [FR Doc. 04–922 Filed 1–14–04; 8:45 am] Airport Authority was substantially ACTION: Notice of intent. complete within the requirements of BILLING CODE 4910–13–M section 158.25 of part 158. The FAA SUMMARY: The FHWA is issuing this will approve or disapprove the notice to advise the public that a Tier One Environmental Impact Statement DEPARTMENT OF TRANSPORTATION application, in whole or in part, no later than March 18, 2004. (EIS) will be prepared for the proposed Federal Aviation Administration extension of Interstate Highway 69 (I– The following is a brief overview of 69) from near Laredo and the Lower Rio the application. Notice of Intent To Rule on Application Grande Valley. The proposed I–69 04–06–C–GFK To Impose and Use the Proposed charge effective date: facility is being evaluated as an element Revenue From a Passenger Facility February 1, 2004. of the National High Priority Corridor 18 Charge (PFC) at Grand Forks Proposed charge expiration date: and Corridor 20 systems. In addition, I– International Airport, Grand Forks, April 30, 2008. 69 is being evaluated as an element of the Trans-Texas System as outlined in North Dakota. Level of the proposed PFC: $4.50. the Trans-Texas Corridor Plan (TTCP). AGENCY: Federal Aviation Total estimated PFC revenue: As currently envisioned, the proposed Administration (FAA), DOT. $1,486,521. Trans-Texas System could include lanes ACTION: Notice of intent to rule on Brief description of proposed projects: for passenger vehicles, separate lanes for application. (1) Ecological Study, (2) Rehabilitate trucks, rail lines and a utility corridor. ‘‘C’’ Apron Phase 1 and 2, (3) FHWA is using a tiered approach for SUMMARY: The FAA proposes to rule and evaluating this proposal. Tier One will invites public comment on the Rehabilitate Runway 17R/35L and Improve Runway Safety Area, (4) Master study the broader level decision to application to impose and use the determine the location of an I–69/Trans- revenue from a PFC at Grand Forks Plan Update, (5) Security Fencing Phase 1 and 2, (6) Acquire Land for runway Texas Corridor. After the Tier One International Airport under the decision has been made, FHWA will provisions of the 49 U.S.C. 40117 and protection zone (RPZ), (7) Reconstruct T-Hangar Taxiway, (8) Reconstruct ‘‘B’’ proceed with the I–69 highway part 158 of the Federal Aviation component by performing project level Regulations 914 CFR part 158). Apron, (9) Runway 35L/17R Rejuvenation, (10) Passenger Terminal studies in a Tier Two decision process. DATES: Comments must be received on Area Study, (11) Reconstruct ‘‘A’’ Other Federal, State and/or Local or before February 17, 2004. Apron, (12) Rehabilitate Entrance Road, agencies would pursue project decisions ADDRESSES: Comments on this (13) Reconstruct ‘‘U’’ Taxiway, (14) for the non-highway modes after the application may be mailed or delivered Acquire Aircraft Rescue and Fire Tier One decision. in triplicate to the FAA at the following Fighting Vehicle, (15) Snow Removal FOR FURTHER INFORMATION CONTACT: John address: Bismarck Airports District Equipment, (16) Construct Rotary Wing Mack, P.E., District Engineer, Federal Office, 2301 University Drive, Building Aircraft Parking Apron, (17) Rehabilitate Highway Administration, 300 E. 8th 23B, Bismarck, North Dakota 58504. Runway 35R/17L and Taxiway ‘‘C’’. Street, Room 826, Austin, Texas 78701, In addition, one copy of any Class or classes of air carriers, which the by telephone at (512) 536–5960. comments submitted to the FAA must public agency has requested, not be SUPPLEMENTARY INFORMATION: Please be mailed or delivered to Ms. Mary Jo required to collect PFCs: Air Taxi/ refer to the previous Announcement of Crystal of the Grand Forks Regional Commercial Operators filing FAA Form I–69 Status published as Federal Airport Authority at the following 1800–31. Register Notice, Volume 65, No. 237, address: 2787 Airports Drive, Grand Any person may inspect the Friday, December 8, 2000. Forks, North Dakota 58203. Using a tiered approach to study I–69 Air carriers and foreign air carriers application in person at the FAA office in Texas, the FHWA, in cooperation may submit copies of written comments listed above under FOR FURTHER with the Texas Department of previously provided to the Grand Forks INFORMATION CONTACT. Transportation (TxDOT), intends to Regional Airport Authority under In addition, any person may, upon prepare a Tier One EIS on a proposal to section 158.23 of part 158. request, inspect the application, notice identify a corridor for ultimate FOR FURTHER INFORMATION CONTACT: Mr. and other documents germane to the construction of I–69 as a controlled Thomas T. Schauer, Program Manager, application in person at the Grand Forks access, multimodal transportation Bismarck Airports District Office, 2301 Regional Airport Authority. facility. This project responds to the University Drive, Building 23B, Issued in Des Plaines, Illinois on January need for a strategic, high priority Bismarck, North Dakota 58504, (701) 8, 2004. highway serving the east-central United 323–7380. The application may be Barbara Jordan, States, as outlined in the national High reviewed in person at this same Acting Manager, Planning and Programming Priority Corridors 18 and 20 studies location. Branch, Airports Division, Great Lakes defined by Congress in the 1991 SUPPLEMENTARY INFORMATION: The FAA Region. Intermodal Surface Transportation proposes to rule and invites public [FR Doc. 04–921 Filed 1–14–04; 8:45 am] Efficiency Act (ISTEA), as extended in comment on the application to impose BILLING CODE 4910–13–M 1993 and 1995, and the 1998

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Transportation Equity Act for the 21st expressed or are known to have an will be prepared for a proposed highway Century (TEA–21). I–69 is planned to be interest in this proposal. Public project in South Kohala, Hawaii. a continuous north-south corridor meetings and public hearings will be FOR FURTHER INFORMATION CONTACT: Mr. linking Canada, the United States, and held during appropriate phases of the Abraham Wong, Hawaii Division Mexico. The proposed facility would project development process. Public Administrator, Federal Highway also serve as a high priority element of notices will be given of the date, time, Administration, Office Address: 300 Ala the statewide Trans-Texas System as and location of each. Moana Blvd., Room 3–306, Honolulu, outlined in the June 2002 report A second high priority Trans-Texas Hawaii 96813, Mailing Address: Box published by TxDOT entitled Corridor, the IH 35 High Priority 50206, Honolulu, Hawaii 96850, ‘‘Crossroads of the Americas: Trans Corridor, is also under development and Telephone: (808) 541–2700. Texas Corridor Plan.’’ a Tier One Corridor EIS is being SUPPLEMENTARY INFORMATION: The As currently envisioned, Trans-Texas considered for that facility. A separate FHWA, in cooperation with the State of would potentially include highway Notice of Intent will be published by the Hawaii, Department of Transportation, lanes for passenger vehicles; separate FHWA for that EIS. Highways Division, will prepare an lanes for trucks; and six rail lines (one Although the I–69 and IH–35 Corridor Environmental Impact Statement (EIS) in each direction serving freight, facilities are separate and distinct to realign and/or widen an existing commuter and high speed passenger actions, with each having logical highway in South Kohala, on the island traffic). The width of the proposed termini and independent utility, each of of Hawai’i. The proposed highway facility would be approximately 1,000 to the proposed facilities share the need to improvements begin near the 1,200 feet including a 200-foot wide terminate along the Texas-Mexico intersection of Mud Lane and the utility zone that could ultimately International Border (or Texas Gulf Hawai’i Belt Road (State Route 19) and accommodate lines for water, Coast) resulting in overlap of study petroleum, natural gas, electricity, data, terminate along Mamalahoa Highway areas. In the overlapping areas, care will (State Route 190) near the Waimea- and other commodities. The overall be taken to closely coordinate the length of the corridor is approximately Kohala Airport. The total length of this development of the two separate project is approximately 6.3 miles. A 1,000 miles but the final length is facilities in order to minimize dependent upon the location decision. 1.7-mile spur, which would connect duplication of effort and inconvenience with Lindsey Road, will also be FHWA and TxDOT anticipate to the public, resource agencies, and utilizing a combination of traditional analyzed as part of the realignment other stakeholders. Both projects will be proposal. and innovative financing options to considered in the cumulative impacts fund construction of the proposal The purpose of this project is to analysis for each of the facilities. facility. These options include state and improve highway safety and reduce To ensure that the full range of issues federal transportation sources, public/ congestion, while preserving the related to this proposed action is private partnerships, and tolling. character and ambience of the historic The Tier One EIS will focus on broad addressed and all significant concerns Waimea village. In addition to various issues and generally address the are identified, comments and alternative highway alignments, project national, regional and area-wide suggestions are invited from all alternatives will include: (1) Taking no implications of the major alternatives. interested parties. Comments or action; and (2) using Travel Demand The Tier One study will not authorize questions concerning this proposed Management/Transportation Systems construction of any element of the action and the Tier One EIS should be Management (TDM/TSM) and/or mass proposed facility. Anticipated decisions directed to the FHWA at the address transit. to be made during the Tier One study provided above. Letters describing the proposed action include evaluation of the ‘‘no action’’ (Catalog of Federal Domestic Assistance and soliciting comments will be sent to alternative; identification of a preferred Program Number 20.205, Highway Research, appropriate Federal, State and local corridor location where the I–69 Planning and Construction. The regulations agencies, and to private organizations highway element and the remaining implementing Executive Order 12372 and individuals, who have expressed an modal elements of the Trans-Texas regarding intergovernmental consultation on interest in this project. A series of Federal programs and activities apply to this public meetings will be held in the Corridor can be coincidal and where program.) they will be separated; refinement of vicinity of Waimea. In addition, a public modal concepts; identification of Issued on: January 6, 2004. hearing will be held after publication of segments of independent utility (to be John Mack, the draft EIS. Public notices will be studied further in subsequent tiers); District Engineer, Austin, Texas. issued, which will specify the date, identification of areas that may warrant [FR Doc. 04–866 Filed 1–14–04; 8:45 am] time, and place of the hearing. The draft corridor preservation; and development BILLING CODE 4910–22–M EIS will be available for public and of a plan for further action. Documents agency review and comment prior to the prepared during subsequent tiers would public hearing. A formal scoping rely upon and utilize the environmental DEPARTMENT OF TRANSPORTATION meeting is not planned at this time. analysis in the Tier One. As a priority To ensure that the full range of issues Federal Highway Administration element of a national I–69 corridor related to this proposed action are addressed and all significant issues initiative, the proposed facility would Environmental Impact Statement: identified, comments and suggestions address interstate and international South Kohala, Hawaii transportation needs, goals and are invited from all interested parties. objectives. AGENCY: Federal Highway Comments or questions concerning this Letters describing the proposed action Administration (FHWA), DOT. proposed action and the EIS should be and soliciting comments will be sent to ACTION: directed to the FHWA at the above appropriate federal, state and local address. authorities as well as private SUMMARY: The FHWA is issuing this (Catalog of Federal Domestic Assistant organizations, individuals and notice to advise the public that an Program Number 20.205, Highway Planning stakeholders who have previously Environmental Impact Statement (EIS) and Construction. The regulations

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implementing Executive Order 12372 FOR FURTHER INFORMATION CONTACT: capable of being readily altered to regarding intergovernmental consultation on Coleman Sachs, Office of Vehicle Safety conform to those standards. Federal programs and activities apply to this Compliance, NHTSA (202–366–3151). Specifically, the petitioner claims that program.) SUPPLEMENTARY INFORMATION: non-U.S. certified 2003–2004 Mercedes Dated: Issued on: January 8, 2004. Benz E Class (211) passenger cars are Abraham Wong, Background identical to their U.S. certified Division Administrator, Honolulu. Under 49 U.S.C. 30141(a)(1)(A), a counterparts with respect to compliance [FR Doc. 04–867 Filed 1–14–04; 8:45 am] motor vehicle that was not originally with Standard Nos. 102 Transmission BILLING CODE 4910–22–M manufactured to conform to all Shift Lever Sequence, 103 Defrosting applicable Federal motor vehicle safety and Defogging Systems, 104 Windshield standards shall be refused admission Wiping and Washing Systems, 106 DEPARTMENT OF TRANSPORTATION into the United States unless NHTSA Brake Hoses, 109 New Pneumatic Tires, has decided that the motor vehicle is 113 Hood Latch Systems, 116 Brake National Highway Traffic Safety substantially similar to a motor vehicle Fluid, 124 Accelerator Control Systems, Administration originally manufactured for importation 135 Passenger Car Brake Systems, 201 [Docket No. NHTSA–2004–16888] into and sale in the United States, Occupant Protection in Interior Impact, certified under 49 U.S.C. 30115, and of 202 Head Restraints, 204 Steering Notice of Receipt of Petition for the same model year as the model of the Control Rearward Displacement, 205 Decision that Nonconforming 2003– motor vehicle to be compared, and is Glazing Materials, 206 Door Locks and 2004 Mercedes Benz E Class (211) capable of being readily altered to Door Retention Components, 207 Passenger Cars Are Eligible for conform to all applicable Federal motor Seating Systems, 212 Windshield Importation vehicle safety standards. Retention, 214 Side Impact Protection, Petitions for eligibility decisions may 216 Roof Crush Resistance, 219 AGENCY: National Highway Traffic be submitted by either manufacturers or Safety Administration, DOT. Windshield Zone Intrusion, 225 Child importers who have registered with Restraint Anchorage Systems, and 302 ACTION: Notice of receipt of petition for NHTSA pursuant to 49 CFR part 592. As Flammability of Interior Materials. decision that nonconforming 2003–2004 specified in 49 CFR 593.7, NHTSA In addition, the petitioner claims that Mercedes Benz E Class (211) passenger publishes notice in the Federal Register the vehicles comply with the Bumper cars are eligible for importation. of each petition that it receives, and Standard found in 49 CFR part 581. affords interested persons an SUMMARY: This document announces The petitioner also contends that the opportunity to comment on the petition. receipt by the National Highway Traffic vehicles are capable of being readily At the close of the comment period, Safety Administration (NHTSA) of a altered to meet the following standards, NHTSA decides, on the basis of the petition for a decision that 2003–2004 in the manner indicated: petition and any comments that it has Mercedes Benz E Class (211) passenger Standard No. 101 Controls and received, whether the vehicle is eligible cars that were not originally Displays: (a) Inscription of the word for importation. The agency then manufactured to comply with all ‘‘brake’’ on the instrument cluster in publishes this decision in the Federal applicable Federal motor vehicle safety place of the international ECE warning Register. symbol; (b) modification of the standards are eligible for importation Automobile Concepts, Inc. of North into the United States because (1) they speedometer to read in miles per hour Miami, Florida (‘‘AMC’’) (Registered by downloading U.S. version are substantially similar to vehicles that Importer 01–278) has petitioned NHTSA were originally manufactured for information, or replacement of the to decide whether 2003–2004 Mercedes speedometer with one that reads in importation into and sale in the United Benz E Class (211) passenger cars are States and that were certified by their miles per hour. eligible for importation into the United Standard No. 108 Lamps, Reflective manufacturer as complying with the States. The vehicles which AMC safety standards, and (2) they are Devices and Associated Equipment: believes are substantially similar are Installation of U.S.-model headlamps, capable of being readily altered to 2003–2004 Mercedes Benz E Class (211) conform to the standards. tail lamps, and front and rear passenger cars that were manufactured sidemarkers. DATES: The closing date for comments for importation into, and sale in, the Standard No. 110 Tire Selection and on the petition is February 17, 2004. United States and certified by their Rims: Installation of a tire information ADDRESSES: Comments should refer to manufacturer as conforming to all placard. the docket number and notice number, applicable Federal motor vehicle safety Standard No. 111 Rearview Mirror: and be submitted to: Docket standards. Inscription of the required warning Management, Room PL–401, 400 The petitioner claims that it carefully statement on the passenger side Seventh St., SW., Washington, DC compared non-U.S. certified 2003–2004 rearview mirror’s face. 20590. [Docket hours are from 9 a.m. to Mercedes Benz E Class (211) passenger Standard No. 114 Theft Protection: 5 p.m.]. cars to their U.S.-certified counterparts, Reprogramming of the vehicle’s Anyone is able to search the and found the vehicles to be computer to activate the key warning electronic form of all comments substantially similar with respect to system. received into any of our dockets by the compliance with most Federal motor Standard No. 118 Power Window name of the individual submitting the vehicle safety standards. Systems: Reprogramming of the comment (or signing the comment, if AMC submitted information with its vehicle’s computer so that the power submitted on behalf of an association, petition intended to demonstrate that windows will not operate with the business, labor union, etc.). You may non-U.S. certified 2003–2004 Mercedes ignition switched off. review DOT’s complete Privacy Act Benz E Class (211) passenger cars, as Standard No. 208 Occupant Crash Statement in the Federal Register originally manufactured, conform to Protection: (a) Activation of the seat belt published on April 11, 2000 (Volume many Federal motor vehicle safety warning buzzer by reprogramming the 65, Number 70; Pages 19477–78) or you standards in the same manner as their vehicle’s instrument cluster; (b) may visit http://dms.dot.gov. U.S. certified counterparts, or are inspection of all vehicles and

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replacement of the driver’s and Authority: 49 U.S.C. 30141(a)(1)(A) and importation into the United States. The passenger’s air bags and knee bolsters, (b)(1); 49 CFR 593.8; delegations of authority notice solicited public comments on the and all seat belts with U.S.-model at 49 CFR 1.50 and 501.8. petition and stated that the closing date components on vehicles that are not Issued on: January 12, 2004. for comments is January 12, 2004. already so equipped. Petitioner states Kenneth N. Weinstein, This is to notify the public that that the vehicles should be equipped in Associate Administrator for Enforcement. NHTSA is extending the comment the front and rear outboard seating [FR Doc. 04–925 Filed 1–14–04; 8:45 am] period until January 26, 2004. This extension is based on a request from positions with combination lap and BILLING CODE 4910–59–P shoulder belts that are self-tensioning Ferrari North America, Inc. (FNA), the and that release by means of a single red U.S. representative of the vehicle’s pushbutton. DEPARTMENT OF TRANSPORTATION manufacturer, Ferrari, SpA. FNA Standard No. 209 Seat Belt requested a 30-day extension of the Assemblies: Inspection of all vehicles National Highway Traffic Safety comment period. The company stated and replacement of any noncompliant Administration that this extension was needed ‘‘because a portion of the comment period was seat belts with U.S.-model components. [Docket No. NHTSA–2003–16612] Standard No. 210 Seat Belt Assembly lost due to the holidays, and because of Anchorages: Inspection of all vehicles Extension of Comment Period on the complexity of the technical analysis and replacement of any noncompliant Whether Nonconforming 2002 Ferrari necessary to evaluate the petition, seat belt anchorages with U.S.-model 360 Spider and Coupe Passenger Cars particularly with regard to [Federal components. Manufactured From September 1, 2002 Motor Vehicle Safety Standard] No. 208 conformance.’’ Standard No. 208 Standard No. 301 Fuel System Through December 31, 2002 Are establishes minimum performance Integrity: Replacement of all non-U.S. Eligible for Importation model fuel system components with requirements for motor vehicle systems U.S.-model components. AGENCY: National Highway Traffic that provide occupant crash protection. Standard No. 401 Interior Trunk Safety Administration (NHTSA), DOT. FNA contended that the requested 30- Release: Installation of a U.S.-model ACTION: Extension of comment period. day extension ‘‘will not prejudice the switch that will enable the trunk lid to parties or unduly delay the proceeding SUMMARY: This document announces the and will afford FNA and Ferrari SpA be released from inside the trunk. extension of the comment period on a personnel the opportunity to fully The petitioner states that all vehicles petition for NHTSA to decide that 2002 evaluate the petition in order to must be inspected to ensure that they Ferrari 360 Spider and Coupe passenger determine the appropriate scope and are equipped with an anti-theft device cars manufactured from September 1, content of FNA’s comments.’’ that meets the requirements of the Theft 2002 through December 31, 2002 that NHTSA has considered FNA’s Prevention Standard found in 49 CFR were not originally manufactured to request, and concluded that the full 30- part 541, and that such devices will be comply with all applicable Federal day extension requested by the installed in any vehicles that are not motor vehicle safety standards are company is not warranted in this already so equipped. eligible for importation into the United circumstance. The 30-day comment The petitioner also states that a States. period provided in the notice of petition vehicle identification number plate DATES: The closing date for comments should have afforded FNA a sufficient must be affixed to the vehicles near the on the petition is January 26, 2004. opportunity to evaluate the petition and left windshield post and a reference and determine the scope and content of its certification label must be affixed in the ADDRESSES: Comments are to be submitted to: Docket Management, comments. The agency notes, in this area of the left front door post to meet regard, that FNA has already had an the requirements of 49 CFR part 565. In Room PL–401, 400 Seventh Street, SW., Washington, DC 20590. [Docket hours opportunity to comment on a previous addition, the petitioner states that a petition seeking import eligibility for certification label must be affixed to the are from 9 a.m. to 5 p.m.]. Anyone is able to search the electronic form of all 2002 Ferrari 360 passenger cars driver’s doorjamb to meet the manufactured before September 1, 2002. requirements of 49 CFR part 567. comments received into any of our dockets by the name of the individual The conformity differences between Interested persons are invited to those vehicles and the ones that are the submit comments on the petition submitting the document (or signing the comment, if submitted on behalf of an subject of the instant petition should not described above. Comments should refer be so great as to require a 30-day to the docket number and be submitted association, business, labor union, etc.). You may review DOT’s complete extension in the comment period. to: Docket Management, Room PL–401, However, the agency is willing to 400 Seventh St., SW., Washington, DC Privacy Act Statement in the Federal Register published on April 11, 2000 provide some extension of the comment 20590. [Docket hours are from 9 a.m. to period in light of the fact that employee 5 p.m.]. It is requested but not required (Volume 65, Number 70; Pages 19477– 787) or you may visit http:// absences over the holiday period may that 10 copies be submitted. have interfered with FNA’s ability to dms.dot.gov. All comments received before the fully evaluate the petition. NHTSA has close of business on the closing date FOR FURTHER INFORMATION CONTACT: consequently decided to extend the indicated above will be considered, and Coleman Sachs, Office of Vehicle Safety comment period for an additional two will be available for examination in the Compliance, NHTSA (202–366–3151). weeks. docket at the above address both before SUPPLEMENTARY INFORMATION: On All comments received before the and after that date. To the extent December 11, 2003, NHTSA published a close of business on the closing date possible, comments filed after the notice (at 68 FR 69125) that it had indicated above will be considered, and closing date will also be considered. received a petition to decide that will be available for examination in the Notice of final action on the petition nonconforming 2002 Ferrari 360 Spider docket at the above address both before will be published in the Federal and Coupe passenger cars manufactured and after that date. To the extent Register pursuant to the authority from September 1, 2002 through possible, comments filed after the indicated below. December 31, 2002 are eligible for closing date will also be considered.

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Notice of final action on the petition must include a self-addressed stamped Class 2—more than 10 but less than will be published in the Federal postcard. To file written comments 46 buildings intended for human Register pursuant to the authority electronically, after logging on to http:/ occupancy; indicated below. /dms.dot.gov, click on ‘‘Comment/ Class 3—46 or more buildings Authority: 49 U.S.C. 30141(a)(1)(A) and Submissions.’’ You can also read intended for human occupancy, or areas (b)(1); 49 CFR 593.8; delegations of authority comments and other material in the where a pipeline lies within 100 yards at 49 CFR 1.50 and 501.8. docket at http://dms.dot.gov. General (91 meters) of either a building or a small, well-defined outside area (such Issued on: January 12, 2004. information about our pipeline safety program is available at http:// as a playground, recreation area, Kenneth N. Weinstein, ops.dot.gov. outdoor theater, or other place of public Associate Administrator for Enforcement. Anyone is able to search the assembly) that is occupied by 20 or [FR Doc. 04–926 Filed 1–14–04; 8:45 am] electronic form of all comments more persons on at least 5 days a week BILLING CODE 4310–84–U received into any of our dockets by the for 10 weeks in any 12-month period; name of the individual submitting the Class 4—buildings with four or more comment (or signing the comment, if stories above ground are prevalent (e.g., DEPARTMENT OF TRANSPORTATION submitted on behalf of an association, large office buildings). The pipeline safety regulations business, labor union, etc.). You may Research and Special Programs impose more stringent design and review DOT’s complete Privacy Act Administration operation requirements as the class Statement in the Federal Register location increases. When a class [Docket No. RSPA–03–15122; Notice 2] published on April 11, 2000 (Volume location changes to a higher class (e.g., 65, Number 70; Pages 19477–78) or you Pipeline Safety: Petition for Waiver; from Class 1 to Class 2) and the hoop may visit http://dms.dot.gov. Duke Energy Gas Transmission stress corresponding to the established Company FOR FURTHER INFORMATION CONTACT: MAOP of the segment is not James Reynolds by phone at (202) 366– commensurate with the present class AGENCY: Research and Special Programs 2786, by fax at (202) 366–4566, by mail location, the MAOP must be confirmed Administration (RSPA), DOT. at U.S. DOT, Research and Special by pressure test or revised using one of ACTION: Notice of intent to consider Programs Administration, Office of the options specified in § 192.611(a). An waiver. Pipeline Safety, 400 Seventh Street, operator may avoid reducing the SW., Washington, DC 20590, or by e- pressure, in some cases, if a previous SUMMARY: Duke Energy Gas mail at [email protected]. pressure test is adequate to support Transmission Company (DEGT) operation at the existing pressure in the petitioned the Research and Special SUPPLEMENTARY INFORMATION: new class location—this is providing Programs Administration’s (RSPA) 1. Background that the corresponding hoop stress does Office of Pipeline Safety (OPS) for a not exceed 72 percent Specified waiver of compliance with provisions of DEGT petitioned RSPA/OPS for a Maximum Yield Strength (SMYS) of the 49 CFR 192.611, which requires waiver from compliance with 49 CFR pipe in Class 2 locations, 60 percent pipeline operators to confirm or revise 192.611 for selected gas transmission SMYS in Class 3 locations, or 50 percent the maximum allowable operating pipeline segments in Pennsylvania. SMYS in Class 4 locations. pressure (MAOP) of their pipelines after DEGT is asking for a waiver from the Alternatively, the operator may need to a class location change. DEGT proposes requirement to revise the MAOP or reduce the pressure or replace the pipe an alternative set of risk control upgrade pipeline segments after a class with new pipe. activities in lieu of a reduction in location change. DEGT asserts that these pressure or pressure testing of selected alternative risk control activities will 2. DEGT’s Proposed Waiver provide an equal or higher level of pipeline segments in Pennsylvania that DEGT’s request for a waiver of the safety than that currently provided by have changed from Class 1 to Class 2. requirements of § 192.611 is specific to the pipeline safety regulations. DATES: Persons interested in submitting four pipeline segments on Line 12 and written comments on the waiver The Federal pipeline safety Line 19, which are part of its Texas proposed in this notice must do so by regulations at § 192.609 require a gas Eastern Pipeline System in the state of February 17, 2004. Late-filed comments pipeline operator to complete a class Pennsylvania. These segments are will be considered so far as practicable. location change study whenever it located in the towns of Entriken, ADDRESSES: You may submit written believes an increase in population Perulack, Bernville, and Bechtelsville. comments by mailing or delivering an density may have caused a change in The pipelines are 24-inch and 30-inch original and two copies to the Dockets class location as defined in § 192.5. If a in diameter and the class locations have Facility, U.S. Department of new class location is confirmed, the changed from Class 1 to Class 2. If this Transportation, Room PL–401, 400 operator is required to either reduce waiver is granted, DEGT intends to Seventh Street, SW., Washington, DC pressure or replace the pipe to lower apply the alternative set of risk 20590–0001. The Dockets Facility is pipe wall stress in compliance with reduction strategies to any future sites open from 10 a.m. to 5 p.m., Monday § 192.611. changing from Class 1 to Class 2 on through Friday, except on Federal Section 192.5(a)(1) defines a ‘‘class Lines 12 and Lines 19 of these four holidays when the facility is closed. location unit’’ as an onshore area compressor station discharges, provided Alternatively, you may submit written extending 220 yards (200 meters) on the pipelines satisfy the technical comments to the docket electronically at either side of the centerline of any conditions presented in this petition for the following Web address: http:// continuous one-mile length of pipeline. waiver. dms.dot.gov. The Class Location for any class When these pipelines were built All written comments should identify location unit is determined according to between 1954 through 1963, they were the docket and notice numbers stated in the following criteria in § 192.5(b): hydrotested to at least 100% of the the heading of this notice. Anyone who Class 1—10 or fewer buildings pipe’s SMYS with the exception of 10 wants confirmation of mailed comments intended for human occupancy; feet of pipe on the Bechtelsville

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discharge line, which was tested to 90% activities described in the waiver responses to topside dents caused by SMYS. request for the identification, third party damage; DEGT has internally inspected each of classification and possible remediation 9. Provide site and operating support these pipelines. DEGT first inspected of dents; for the Pipeline Research Council the pipelines in 1986 using Tuboscope’s 4. The site(s) must pass a hydrostatic International, Inc. (PRCI) Compendium conventional magnetic flux leakage test to a pressure of at least 125% of the of Best Practices and Emerging (MFL) tool. Between 1996 and 2002, MAOP of the pipeline. DEGT will make Technologies for the Prevention and DEGT performed a second inspection of available to RSPA/OPS a report of all Detection of Outside Damage to these lines using Tuboscope’s hydrostatic test failures experienced at Pipelines with P-PIC that will develop conventional MFL tool and Tuboscope’s this test pressure; a ‘‘User Guide’’ for outside force damage high resolution MFL tool. 5. Subsequent in-line inspection for technologies; During the same years, DEGT also the site(s) is scheduled in accordance 10. Develop a Web site for RSPA/OPS inspected and evaluated the condition with re-inspection criteria (developed access on waiver-related sites and data. of the coal tar enamel pipeline coatings under calendar year 2004 #5 below); Provide public access to website as and evaluated the cathodic protection 6. The site(s) must be in compliance needed to support application of API RP current demands on each of the with ASME B31.8S criteria for Stress 1162; pipelines. DEGT reported that the Corrosion Cracking (SCC) site 11. Deploy acoustic monitoring coatings were in good condition and identification and site investigation/ technology in conjunction with GTI/ that the cathodic protection systems testing (including any additional criteria Battelle research project at a site to be were not experiencing excessive current developed in conjunction with SCC determined with Battelle for a data demands. activities under calendar year 2004 #7 gathering test period of one year; All of the proposed DEGT waiver below). In 2005— segments have changed from Class 1 to DEGT has already satisfied the above 12. Overlay the high resolution MFL Class 2 due to the construction of criteria for the current pipeline run data with the high resolution additional buildings intended for segments proposed in this waiver geometry tool data on the Entriken Line human occupancy. DEGT has stated that request. DEGT commits to provide the 19, Perulack Line 19, and Bechtelsville to provide reliable natural gas service to OPS’ Eastern Region with sufficient Line 12 pipeline sections. Overlay its customers, it cannot operate the notice to enable RSPA/OPS staff to available hydrostatic test data from proposed waiver segments at reduced attend and participate in all risk Bechtelsville Line 12 and Line 19 with pressure. Consequently, to comply with assessment activities. DEGT has identified dents. Overlays will be used the pipeline safety regulation, DEGT proposed the following schedule of in an effort to refine dent remediation would be required to replace the pipe in near-term and long-term activities to criteria; the waiver segments in compliance with help maintain pipeline integrity on the 13. Develop criteria for safe in service § 192.611. By replacing the existing pipe proposed waiver segments. investigation of dents. with new pipe, DEGT will eliminate the In 2003— 4. RSPA/OPS Consideration of Waiver possibility that defects or corrosion in 1. Begin a close interval survey on the the original material was a contributing pipeline at Perulack to support To allow adequate time for full factor to the cause of failure of their development of confirmatory direct development of the waiver proposal, pipeline. assessment protocols (complete as DEGT petitioned RSPA/OPS on weather allows by Spring 2004); February 28, 2003 for a 12-month 3. DEGT Proposed Alternative 2. Begin a direct current voltage extension to comply with the provisions In lieu of compliance with § 192.611, gradient (DCVG) survey on one line at of § 192.611(d), which requires an DEGT proposes to conduct the following Perulack (same line as #1 above ) to operator to confirm or revise the MAOP activities to ensure the integrity of the support external corrosion direct within 18 months after a class location pipeline segments in this proposed assessment (ECDA) validations change. On June 11, 2003, RSPA/OPS waiver. DEGT has proposed the (complete as weather allows by Spring published a notice seeking comment on following criteria for inclusion under 2004); this petition for an extension of time for this waiver of the current class location In 2004— DEGT to propose technical alternatives sites and any future sites changing from 3. Conduct a high resolution MFL tool to compliance with the regulation. Class 1 to Class 2 on the four run for Bechtelsville Line 12; RSPA/OPS did not receive comments on compressor station discharges: 4. Conduct high resolution geometry this notice. DEGT presented its waiver 1. All site(s) covered by this waiver tool runs on Entriken Line 19, Perulack proposal to RSPA/OPS staff during have been in-line inspected at least Line 19 and Bechtelsville Line 12; several meetings in April, June, July, twice between 1986 and 2002 using a 5. Develop criteria and a decision tree August, and September 2003. On MFL tool capable of detecting corrosion for determination of in-line inspection October 7, 2003, DEGT presented its anomalies in the pipeline section; (ILI) re-inspection interval in alternative technical proposal in 2. All actionable anomalies within the accordance with gas integrity support of the proposed waiver of site(s) have either been remediated or management program procedures; § 192.611. are scheduled to be investigated, and 6. Develop calibration and validation As part of granting this waiver subsequently remediated, if necessary, methodology and decision tree for ILI request, RSPA/OPS will consider the as defined in ASME B31.8S and DEGT that incorporates API 1163 (currently cause(s) and contributing factor(s) Pipeline Repair procedures. A schedule under development); leading up to the pipeline failure on of remedial measures to be performed 7. Develop an SCC management plan Duke’s 30 -inch, Line 15, which extends on future waiver sites will be submitted consistent with ASME B31.8S that from Danville, Kentucky to Owingsville, to OPS headquarters and OPS regional includes hydrostatic test criteria, site Kentucky in Bath County. Line 15 is an offices; selection criteria, and SCC excavation interstate, natural gas transmission line. 3. For future sites covered by this criteria; It is part of the Kosciusko system that waiver, DEGT will use tools and 8. Develop an investigation strategy transports natural gas from northeast techniques developed through the for topside dents and best practice Mississippi across the northeastern

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corner of Alabama into Tennessee. The is void ab initio. Petitions to revoke the DEPARTMENT OF THE TREASURY pipeline continues in a northeasterly exemption under 49 U.S.C. 10502(d) direction through eastern Kentucky may be filed at any time. The filing of Fiscal Service passing through Danville and a petition to revoke will not Owingsville, Kentucky into southwest automatically stay the transaction. Application and Renewal Fees Imposed on Surety Companies and Ohio; the pipeline terminates in An original and 10 copies of all Reinsuring Companies; Increase in southeastern Pennsylvania, near pleadings, referring to STB Finance Uniontown. Docket No. 34446, must be filed with Fees Imposed This notice provides an opportunity the Surface Transportation Board, 1925 AGENCY: Financial Management Service, for public comment on the DEGT waiver K Street, NW., Washington, DC 20423– proposal. RPSA/OPS is evaluating the 0001. In addition, a copy of each Fiscal Service, Department of the DEGT proposal and will consider all pleading must be served on Eric M. Treasury. comments received by the deadline. Hocky, Gollatz, Griffin & Ewing, P.C., ACTION: Application and renewal fees RSPA/OPS will publish a subsequent Four Penn Center, Suite 200, 1600 John imposed on surety companies and notice granting or denying DEGT’s F. Kennedy Blvd., Philadelphia, PA reinsuring companies; increase in fees proposed waiver of § 192.611. If DEGT’s 19103–2808. imposed. proposal is determined to yield an equal or higher level of safety, RSPA/OPS will Board decisions and notices are grant the waiver. If the waiver is not available on our Web site at http:// SUMMARY: Effective December 31, 2003, granted, DEGT will be required to fully www.stb.dot.gov. The Department of the Treasury, comply with § 192.611 by September Decided: January 12, 2004. Financial Management Service, is 2004. By the Board, David M. Konschnik, increasing the fees it imposes on and collects from surety companies and Authority: 49 App. U.S.C. 60118(c) and Director, Office of Proceedings. 2015; and 49 CFR 1.53 Vernon A. Williams, reinsuring companies. Issued in Washington, DC on January 9, Secretary. FOR FURTHER INFORMATION CONTACT: 2004. [FR Doc. 04–981 Filed 1–14–04; 8:45 am] Surety Bond Branch at (202) 874–6765. Richard D. Huriaux, BILLING CODE 4915–00–P SUPPLEMENTARY INFORMATION: The fees Manager, Regulations, Office of Pipeline imposed and collected, as referred to in Safety. 31 CFR 223.22, cover the costs incurred [FR Doc. 04–923 Filed 1–14–04; 8:45 am] DEPARTMENT OF THE TREASURY by the Government for services BILLING CODE 4910–60–P performed relative to qualifying Office of the Secretary corporate sureties to write Federal DEPARTMENT OF TRANSPORTATION business. These fees are determined in Notice of Call for Redemption: 91⁄8 accordance with the Office of Surface Transportation Board Percent Treasury Bonds of 2004Ð09 Management and Budget Circular A–25, as amended. The change in fees is the [STB Finance Docket No. 34446] January 15, 2004. result of a thorough analysis of costs Bay Colony Railroad Corporation— 1. Public notice is hereby given that associated with the Surety Bond Branch. all outstanding 91⁄8 percent Treasury Acquisition and Operation The new fee rate schedule is as Bonds of 2004–09 (CUSIP No. 912810 Exemption—CSX Transportation, Inc., follows: CG 1) dated May 15, 1979, due May 15, as Operator for New York Central (1) Examination of a company’s Lines, LLC 2009, are hereby called for redemption at par on May 15, 2004, on which date application for a Certificate of Authority Bay Colony Railroad Corporation interest on such bonds will cease. as an acceptable surety or as an (BCLR), a Class III rail carrier, has filed 2. Full information regarding the acceptable reinsuring company on a verified notice of exemption under 49 presentation and surrender of such Federal bonds—$5,650. CFR 1150.41 et seq. to acquire from CSX bonds held in coupon and registered (2) Determination of a company’s Transportation, Inc., as operator for New form for redemption under this call will continued qualification for annual York Central Lines, LLC (CSXT), and be found in Department of the Treasury renewal of its Certificate of Authority— operate approximately 5.92 miles of rail Circular No. 300 dated March 4, 1973, $3,310. line between milepost QND 0.08 and as amended (31 CFR part 306), and from (3) Examination of a company’s milepost QND 6.00, in Bristol County, the Definitives Section of the Bureau of MA.1 application for recognition as an the Public Debt, (telephone (304) 480– Admitted Reinsurer (except on excess BCLR certifies that its projected 7936), and on the Bureau of the Public revenues as a result of this transaction risks running to the United States)— Debt’s Web site, $2,000. will not result in the creation of a Class www.publicdebt.treas.gov. II or Class I rail carrier. BCLR further (4) Determination of a company’s certifies that its total annual revenues 3. Redemption payments for such continued qualification for annual after the transaction will not exceed $5 bonds held in book-entry form, whether renewal of its authority as an Admitted million. BCLR expected to commence on the books of the Federal Reserve Reinsurer—$1,410. operation of the line on or about January Banks or in Treasury-Direct accounts, will be made automatically on May 15, Questions concerning this notice 1, 2004. should be directed to the Surety Bond If the verified notice contains false or 2004. Branch, Financial Accounting and misleading information, the exemption Donald V. Hammond, Services Division, Financial Fiscal Assistant Secretary. Management Service, Department of the 1 BCLR is purchasing the assets comprising the line, and is leasing the underlying real property [FR Doc. 04–745 Filed 1–14–04; 8:45 am] Treasury, Hyattsville, MD 20782, from CSXT. BILLING CODE 4810Ð40ÐM Telephone (202) 874–6850.

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Dated: December 31, 2003. Type of Review: Extension of a burden, invites the general public and Judith R. Tillman, currently approved collection. other Federal agencies to take this Assistant Commissioner, Financial Affected Public: Business or other for- opportunity to comment on proposed Operations, Financial Management Service. profit organizations. and/or continuing information [FR Doc. 04–838 Filed 1–14–04; 8:45 am] Estimated Number of Respondents: collections, as required by the BILLING CODE 4810Ð35ÐM 20,000. Paperwork Reduction Act of 1995, Estimated Time Per Respondent: 12 Public Law 104–13 (44 U.S.C. min. 3506(c)(2)(A)). Currently, the IRS is DEPARTMENT OF THE TREASURY Estimated Total Annual Burden soliciting comments concerning Hours: 4,000. Revenue Procedure 2001–9, Form 940 e- Internal Revenue Service An agency may not conduct or file Program. sponsor, and a person is not required to [REGÐ120200Ð97] DATES: Written comments should be respond to, a collection of information received on or before March 15, 2004 to Proposed Collection; Comment unless the collection of information be assured of consideration. displays a valid OMB control number. Request for Regulation Project ADDRESSES: Books or records relating to a collection Direct all written comments AGENCY: Internal Revenue Service (IRS), of information must be retained as long to Robert M. Coar, Internal Revenue Treasury. as their contents may become material Service, room 6411, 1111 Constitution Avenue NW., Washington, DC 20224. ACTION: Notice and request for in the administration of any internal comments. revenue law. Generally, tax returns and FOR FURTHER INFORMATION CONTACT: tax return information are confidential, Requests for additional information or SUMMARY: The Department of the as required by 26 U.S.C. 6103. copies of the revenue procedure should Treasury, as part of its continuing effort Request for Comments: Comments be directed to Carol Savage at Internal to reduce paperwork and respondent submitted in response to this notice will Revenue Service, room 6407, 1111 burden, invites the general public and be summarized and/or included in the Constitution Avenue NW., Washington, other Federal agencies to take this request for OMB approval. All DC 20224, or at (202) 622–3945, or opportunity to comment on proposed comments will become a matter of through the Internet at and/or continuing information public record. Comments are invited on: [email protected]. collections, as required by the (a) Whether the collection of SUPPLEMENTARY INFORMATION: Paperwork Reduction Act of 1995, information is necessary for the proper Title: Form 940 e-file Program. Public Law 104–13 (44 U.S.C. performance of the functions of the OMB Number: 1545–1710. 3506(c)(2)(A)). Currently, the IRS is agency, including whether the Revenue Procedure Number: Revenue soliciting comments concerning an information shall have practical utility; Procedure 2001–9. existing final regulation, REG–120200– (b) the accuracy of the agency’s estimate Abstract: Revenue Procedure 2001–9 97 (TD 8775), Election Not to Apply of the burden of the collection of provides guidance and the requirements Look-Back Method in De Minimis Cases information; (c) ways to enhance the for participating in the Form 940 e-file (§ 1.460–6). quality, utility, and clarity of the Program. DATES: Written comments should be information to be collected; (d) ways to Current Actions: There are no changes received on or before March 15, 2004 to minimize the burden of the collection of being made to the revenue procedure at be assured of consideration. information on respondents, including this time. ADDRESSES: Direct all written comments through the use of automated collection Type of Review: Extension of a to Robert M. Coar, Internal Revenue techniques or other forms of information currently approved collection. Service, room 6411, 1111 Constitution technology; and (e) estimates of capital Affected Public: Business or other for- Avenue NW., Washington, DC 20224. or start-up costs and costs of operation, profit organizations, not-for-profit institutions, and Federal, state, local or FOR FURTHER INFORMATION CONTACT: maintenance, and purchase of services to provide information. tribal governments. Requests for additional information or Estimated Number of Respondents: copies of the regulation should be Approved: January 9, 2004. 390,685. directed to Carol Savage at Internal Robert M. Coar, Estimated Time Per Respondent: 32 Revenue Service, room 6407, 1111 IRS Reports Clearance Officer. minutes. Constitution Avenue NW., Washington, [FR Doc. 04–928 Filed 1–14–04; 8:45 am] Estimated Total Annual Burden DC 20224, or at (202) 622–3945, or BILLING CODE 4830Ð01ÐP Hours: 207,125. through the Internet at The following paragraph applies to all [email protected]. of the collections of information covered SUPPLEMENTARY INFORMATION: DEPARTMENT OF THE TREASURY by this notice: Title: Election Not to Apply Look- An agency may not conduct or Back Method in De Minimis Cases. Internal Revenue Service sponsor, and a person is not required to OMB Number: 1545–1572. respond to, a collection of information Proposed Collection; Comment Regulation Project Number: Reg– unless the collection of information Request for Revenue Procedure 120200–97. displays a valid OMB control number. 2001Ð9 Abstract: Under Internal Revenue Books or records relating to a collection Code section 460(b)(6), a taxpayer may AGENCY: Internal Revenue Service (IRS), of information must be retained as long elect not to apply the look-back method Treasury. as their contents may become material to long-term contracts in de minimis ACTION: Notice and request for in the administration of any internal cases. The taxpayer is required under comments. revenue law. Generally, tax returns and the regulation to notify the IRS of its tax return information are confidential, election. SUMMARY: The Department of the as required by 26 U.S.C. 6103. Current Actions: There are no changes Treasury, as part of its continuing effort Request for Comments: Comments being made to this existing regulation. to reduce paperwork and respondent submitted in response to this notice will

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be summarized and/or included in the Avenue NW., Washington, DC 20224, or Approved: January 12, 2004. request for OMB approval. All at (202) 622–3945, or through the Robert M. Coar, comments will become a matter of Internet at [email protected]. IRS Reports Clearance Officer. public record. Comments are invited on: SUPPLEMENTARY INFORMATION: [FR Doc. 04–930 Filed 1–14–04; 8:45 am] (a) Whether the collection of Title: Employer-designed Tip BILLING CODE 4830Ð01ÐP information is necessary for the proper Reporting Program for the Food and performance of the functions of the Beverage Industry (EmTRAC). agency, including whether the OMB Number: 1545–1716. DEPARTMENT OF THE TREASURY information shall have practical utility; Notice Number: Notice 2001–1. (b) the accuracy of the agency’s estimate Abstract: Information is required by Internal Revenue Service of the burden of the collection of the Internal Revenue Service in its information; (c) ways to enhance the compliance efforts to assist employers Proposed Collection; Comment quality, utility, and clarity of the and their employees in understanding Request for Tip Rate Determination information to be collected; (d) ways to and complying with Internal Revenue Agreement (TRDA) for Most Industries Code section 6053(a), which requires minimize the burden of the collection of AGENCY: Internal Revenue Service (IRS), employees to report all their tips information on respondents, including Treasury. through the use of automated collection monthly to their employers. ACTION: Notice and request for techniques or other forms of information Current Actions: There are no changes comments. technology; and (e) estimates of capital being made to the notice at this time. Type of Review: Extension of a or start-up costs and costs of operation, SUMMARY: The Department of the currently approved collection. maintenance, and purchase of services Treasury, as part of its continuing effort to provide information. Affected Public: Business or other for- profit organizations. to reduce paperwork and respondent Approved: January 12, 2004. Estimated Number of Respondents burden, invites the general public and Robert M. Coar, and/or recordkeepers: 20. other Federal agencies to take this IRS Reports Clearance Officer. Estimated Average Time Per opportunity to comment on proposed [FR Doc. 04–929 Filed 1–14–04; 8:45 am] Respondent/Recordkeeper: 44 hours. and/or continuing information collections, as required by the BILLING CODE 4830Ð01ÐP Estimated Total Annual Reporting and/or Recordkeeping Burden Hours: Paperwork Reduction Act of 1995, 870 hours. Public Law 104–13 (44 U.S.C. DEPARTMENT OF THE TREASURY The following paragraph applies to all 3506(c)(2)(A)). Currently, the IRS is of the collections of information covered soliciting comments concerning Tip Internal Revenue Service by this notice: Rate Determination Agreement (TRDA) An agency may not conduct or for Most Industries. Proposed Collection; Comment sponsor, and a person is not required to DATES: Written comments should be Request for Notice 2001Ð1 respond to, a collection of information received on or before March 15, 2004 to unless the collection of information AGENCY: Internal Revenue Service (IRS), be assured of consideration. displays a valid OMB control number. Treasury. ADDRESSES: Direct all written comments Books or records relating to a collection to Robert M. Coar, Internal Revenue ACTION: Notice and request for of information must be retained as long comments. Service, room 6411, 1111 Constitution as their contents may become material Avenue NW., Washington, DC 20224. in the administration of any internal SUMMARY: The Department of the FOR FURTHER INFORMATION CONTACT: revenue law. Generally, tax returns and Treasury, as part of its continuing effort Requests for additional information or tax return information are confidential, to reduce paperwork and respondent copies of information collection should burden, invites the general public and as required by 26 U.S.C. 6103. Request for Comments: Comments be directed to Carol Savage at Internal other Federal agencies to take this Revenue Service, room 6407, 1111 opportunity to comment on proposed submitted in response to this notice will be summarized and/or included in the Constitution Avenue NW., Washington, and/or continuing information DC 20224, or at (202) 622–3945, or collections, as required by the request for OMB approval. All comments will become a matter of through the Internet at Paperwork Reduction Act of 1995, [email protected]. Public Law 104–13 (44 U.S.C. public record. Comments are invited on: SUPPLEMENTARY INFORMATION: 3506(c)(2)(A)). Currently, the IRS is (a) Whether the collection of soliciting comments concerning Notice information is necessary for the proper Title: Tip Rate Determination 2001–1, Employer-designed Tip performance of the functions of the Agreement (TRDA) for Most Industries. Reporting Program for the Food and agency, including whether the OMB Number: 1545–1717. Beverage Industry (EmTRAC). information shall have practical utility; Abstract: Information is required by (b) the accuracy of the agency’s estimate the Internal Revenue Service in its tax DATES: Written comments should be of the burden of the collection of compliance efforts to assist employers received on or before March 15, 2004 to information; (c) ways to enhance the and their employees in understanding be assured of consideration. quality, utility, and clarity of the and complying with Internal Revenue ADDRESSES: Direct all written comments information to be collected; (d) ways to Code section 6053(a), which requires to Robert M. Coar, Internal Revenue minimize the burden of the collection of employees to report all their tips Service, room 6411, 1111 Constitution information on respondents, including monthly to their employers. Avenue NW., Washington, DC 20224. through the use of automated collection Current Actions: There is no change to FOR FURTHER INFORMATION CONTACT: techniques or other forms of information this existing information collection. Requests for additional information or technology; and (e) estimates of capital Type of Review: Extension of a copies of the notice should be directed or start-up costs and costs of operation, currently approved collection. to Carol Savage at Internal Revenue maintenance, and purchase of services Affected Public: Business or other for- Service, room 6407, 1111 Constitution to provide information. profit organizations.

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Estimated Number of Respondents to reduce paperwork and respondent unless the collection of information and/or Recordkeeping: 100. burden, invites the general public and displays a valid OMB control number. Estimated Average Time Per other Federal agencies to take this Books or records relating to a collection Respondent/Recordkeeper: 18 hr., 58 opportunity to comment on proposed of information must be retained as long min. and/or continuing information as their contents may become material Estimated Total Annual Reporting collections, as required by the in the administration of any internal and/or Recordkeeping Burden Hours: Paperwork Reduction Act of 1995, revenue law. Generally, tax returns and 1,897. Public Law 104–13 (44 U.S.C. tax return information are confidential, The following paragraph applies to all 3506(c)(2)(A)). Currently, the IRS is as required by 26 U.S.C. 6103. of the collections of information covered soliciting comments concerning an Request for Comments: Comments by this notice: existing final regulation, REG–114998– An agency may not conduct or submitted in response to this notice will 99 (TD 8941), Obligations of States and be summarized and/or included in the sponsor, and a person is not required to Political Subdivisions (§ 1.142(f)(4)–1). respond to, a collection of information request for OMB approval. All DATES: unless the collection of information Written comments should be comments will become a matter of displays a valid OMB control number. received on or before March 15, 2004 to public record. Comments are invited on: Books or records relating to a collection be assured of consideration. (a) Whether the collection of of information must be retained as long ADDRESSES: Direct all written comments information is necessary for the proper as their contents may become material to Robert M. Coar, Internal Revenue performance of the functions of the in the administration of any internal Service, room 6411, 1111 Constitution agency, including whether the revenue law. Generally, tax returns and Avenue NW., Washington, DC 20224. information shall have practical utility; tax return information are confidential, FOR FURTHER INFORMATION CONTACT: (b) the accuracy of the agency’s estimate as required by 26 U.S.C. 6103. Requests for additional information or of the burden of the collection of Request for Comments: Comments copies of the regulation should be information; (c) ways to enhance the submitted in response to this notice will directed to Carol Savage at Internal quality, utility, and clarity of the be summarized and/or included in the Revenue Service, room 6407, 1111 information to be collected; (d) ways to request for OMB approval. All Constitution Avenue NW., Washington, minimize the burden of the collection of comments will become a matter of DC 20224, or at (202) 622–3945, or information on respondents, including public record. Comments are invited on: through the Internet at through the use of automated collection (a) Whether the collection of [email protected]. techniques or other forms of information technology; and (e) estimates of capital information is necessary for the proper SUPPLEMENTARY INFORMATION: performance of the functions of the Title: Obligations of States and or start-up costs and costs of operation, agency, including whether the Political Subdivisions. maintenance, and purchase of services information shall have practical utility; OMB Number: 1545–1730. to provide information. (b) the accuracy of the agency’s estimate Regulation Project Number: REG– Approved: January 12, 2004. of the burden of the collection of 114998–99. Robert M. Coar, information; (c) ways to enhance the Abstract: Section 142(f)(4) of the IRS Reports Clearance Officer. quality, utility, and clarity of the Internal Revenue Code of 1986 permits [FR Doc. 04–932 Filed 1–14–04; 8:45 am] information to be collected; (d) ways to a person engaged in the local furnishing minimize the burden of the collection of of electric energy or gas that uses BILLING CODE 4830Ð01ÐP information on respondents, including facilities financed with exempt facility through the use of automated collection bonds under section 142(a)(8), and that DEPARTMENT OF THE TREASURY techniques or other forms of information expands its service area in a manner technology; and (e) estimates of capital inconsistent with the requirements of Internal Revenue Service or start-up costs and costs of operation, sections 142(a)(8) and 142(f) to make an maintenance, and purchase of services election to ensure that those bonds will Proposed Collection; Comment to provide information. continue to be treated as tax-exempt Request for Tip Reporting Alternative Approved: January 12, 2004. bonds. The final regulations (1.142(f)–1) Commitment (Hairstyling Industry) Robert M. Coar, set forth the required time and manner IRS Reports Clearance Officer. of making this statutory election. AGENCY: Internal Revenue Service (IRS), Current Actions: There is no change to Treasury. [FR Doc. 04–931 Filed 1–14–04; 8:45 am] this existing regulation. BILLING CODE 4830Ð01ÐP Type of Review: Extension of a ACTION: Notice and request for currently approved collection. comments. DEPARTMENT OF THE TREASURY Affected Public: Business or other for- profit organizations, and state, local or SUMMARY: The Department of the Treasury, as part of its continuing effort Internal Revenue Service tribal governments. Estimated Number of Respondents: to reduce paperwork and respondent [REGÐ114998Ð99] 15. burden, invites the general public and Estimated Time Per Respondent: 1 other Federal agencies to take this Proposed Collection; Comment hour. opportunity to comment on proposed Request for Regulation Project Estimated Total Annual Burden and/or continuing information AGENCY: Internal Revenue Service (IRS), Hours: 15. collections, as required by the Treasury. The following paragraph applies to all Paperwork Reduction Act of 1995, ACTION: Notice and request for of the collections of information covered Public Law 104–13 (44 U.S.C. comments. by this notice: 3506(c)(2)(A)). Currently, the IRS is An agency may not conduct or soliciting comments concerning Tip SUMMARY: The Department of the sponsor, and a person is not required to Reporting Alternative Commitment Treasury, as part of its continuing effort respond to, a collection of information (Hairstyling Industry).

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DATES: Written comments should be (b) the accuracy of the agency’s estimate OMB Number: 1545–1714. received on or before March 15, 2004 to of the burden of the collection of Abstract: Information is required by be assured of consideration. information; (c) ways to enhance the the Internal Revenue Service in its tax ADDRESSES: Direct all written comments quality, utility, and clarity of the compliance efforts to assist employers to Robert M. Coar, Internal Revenue information to be collected; (d) ways to and their employees in understanding Service, room 6411, 1111 Constitution minimize the burden of the collection of and complying with Internal Revenue Avenue NW., Washington, DC 20224. information on respondents, including Code section 6053(a), which requires FOR FURTHER INFORMATION CONTACT: through the use of automated collection employees to report all their tips Requests for additional information or techniques or other forms of information monthly to their employers. copies of information collection should technology; and (e) estimates of capital Current Actions: There is no change to be directed to Carol Savage at Internal or start-up costs and costs of operation, this existing information collection. Revenue Service, room 6407, 1111 maintenance, and purchase of services Type of Review: Extension of a Constitution Avenue NW., Washington, to provide information. currently approved collection. DC 20224, or at (202) 622–3945, or Approved: January 9, 2004. Affected Public: Business or other for- through the Internet at Robert M. Coar, profit organizations. [email protected]. IRS Reports Clearance Officer. Estimated Number of Respondents and/or Recordkeeping: 300. SUPPLEMENTARY INFORMATION: [FR Doc. 04–933 Filed 1–14–04; 8:45 am] Estimated Average Time Per Title: Tip Reporting Alternative BILLING CODE 4830Ð01ÐP Commitment (Hairstyling Industry). Respondent/Recordkeeper: 16 hr., 16 OMB Number: 1545–1529. min. Abstract: Information is required by DEPARTMENT OF THE TREASURY Estimated Total Annual Reporting the Internal Revenue Service in its tax and/or Recordkeeping Burden Hours: compliance efforts to assist employers Internal Revenue Service 4,877. and their employees in understanding The following paragraph applies to all Proposed Collection; Comment and complying with Internal Revenue of the collections of information covered Request for Tip Reporting Alternative Code section 6053(a), which requires by this notice: Commitment (TRAC) For Most employees to report all their tips An agency may not conduct or Industries monthly to their employers. sponsor, and a person is not required to Current Actions: There is no change to AGENCY: Internal Revenue Service (IRS), respond to, a collection of information this existing information collection. Treasury. unless the collection of information Type of Review: Extension of a ACTION: Notice and request for displays a valid OMB control number. currently approved collection. comments. Books or records relating to a collection Affected Public: Business or other for- of information must be retained as long profit organizations. SUMMARY: The Department of the as their contents may become material Estimated Number of Respondents Treasury, as part of its continuing effort in the administration of any internal and/or Recordkeeping: 4,600. to reduce paperwork and respondent revenue law. Generally, tax returns and Estimated Average Time Per burden, invites the general public and tax return information are confidential, Respondent/Recordkeeper: 9 hr., 22 other Federal agencies to take this as required by 26 U.S.C. 6103. min. opportunity to comment on proposed Request for Comments: Comments Estimated Total Annual Reporting and/or continuing information submitted in response to this notice will and/or Recordkeeping Burden Hours: collections, as required by the be summarized and/or included in the 43,073. Paperwork Reduction Act of 1995, request for OMB approval. All The following paragraph applies to all Public Law 104–13 (44 U.S.C. comments will become a matter of of the collections of information covered 3506(c)(2)(A)). Currently, the IRS is public record. Comments are invited on: by this notice: soliciting comments concerning Tip (a) Whether the collection of An agency may not conduct or Reporting Alternative Commitment information is necessary for the proper sponsor, and a person is not required to (TRAC) For Most Industries. performance of the functions of the respond to, a collection of information DATES: Written comments should be agency, including whether the unless the collection of information received on or before March 15, 2004, to information shall have practical utility; displays a valid OMB control number. be assured of consideration. (b) the accuracy of the agency’s estimate Books or records relating to a collection ADDRESSES: Direct all written comments of the burden of the collection of of information must be retained as long to Robert M. Coar, Internal Revenue information; (c) ways to enhance the as their contents may become material Service, room 6411, 1111 Constitution quality, utility, and clarity of the in the administration of any internal Avenue, NW., Washington, DC 20224. information to be collected; (d) ways to revenue law. Generally, tax returns and FOR FURTHER INFORMATION CONTACT: minimize the burden of the collection of tax return information are confidential, information on respondents, including as required by 26 U.S.C. 6103. Requests for additional information or copies of the information collection through the use of automated collection Request for Comments: Comments techniques or other forms of information submitted in response to this notice will should be directed to Carol Savage at Internal Revenue Service, room 6407, technology; and (e) estimates of capital be summarized and/or included in the or start-up costs and costs of operation, request for OMB approval. All 1111 Constitution Avenue, NW., Washington, DC 20224, or at (202) 622– maintenance, and purchase of services comments will become a matter of to provide information. public record. Comments are invited on: 3945, or through the Internet at (a) Whether the collection of [email protected]. Approved: January 9, 2004. information is necessary for the proper SUPPLEMENTARY INFORMATION: Robert M. Coar, performance of the functions of the Title: Tip Reporting Alternative IRS Reports Clearance Officer. agency, including whether the Commitment (TRAC) For Most [FR Doc. 04–934 Filed 1–14–04; 8:45 am] information shall have practical utility; Industries. BILLING CODE 4830Ð01ÐP

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DEPARTMENT OF THE TREASURY Estimated Total Annual Burden collections, as required by the Hours: 1,737. Paperwork Reduction Act of 1995, Internal Revenue Service The following paragraph applies to all Public Law 104–13 (44 U.S.C. of the collections of information covered 3506(c)(2)(A)). Currently, the IRS is Proposed Collection; Comment by this notice: soliciting comments concerning the Tip Request for Tip Rate Determination An agency may not conduct or Reporting Alternative Commitment Agreement (for Use by Employers in sponsor, and a person is not required to (TRAC) for Use in the Food and the Food and Beverage Industry) respond to, a collection of information Beverage Industry. unless the collection of information AGENCY: Internal Revenue Service (IRS), DATES: Written comments should be displays a valid OMB control number. Treasury. received on or before March 15, 2004, to Books or records relating to a collection be assured of consideration. ACTION: Notice and request for of information must be retained as long ADDRESSES: Direct all written comments comments. as their contents may become material to Robert M. Coar, Internal Revenue in the administration of any internal SUMMARY: The Department of the Service, room 6411, 1111 Constitution revenue law. Generally, tax returns and Treasury, as part of its continuing effort Avenue, NW., Washington, DC 20224. tax return information are confidential, to reduce paperwork and respondent FOR FURTHER INFORMATION CONTACT: burden, invites the general public and as required by 26 U.S.C. 6103. Request for Comments: Comments Requests for additional information or other Federal agencies to take this copies of the information collection opportunity to comment on proposed submitted in response to this notice will be summarized and/or included in the should be directed to Carol Savage at and/or continuing information Internal Revenue Service, room 6407, collections, as required by the request for OMB approval. All comments will become a matter of 1111 Constitution Avenue, NW., Paperwork Reduction Act of 1995, Washington, DC 20224, or at (202) 622– Public Law 104–13 (44 U.S.C. public record. Comments are invited on: (a) Whether the collection of 3945, or through the Internet at 3506(c)(2)(A)). Currently, the IRS is [email protected]. soliciting comments concerning the Tip information is necessary for the proper Rate Determination Agreement (for use performance of the functions of the SUPPLEMENTARY INFORMATION: by employers in the food and beverage agency, including whether the Title: For Tip Reporting Alternative industry). information shall have practical utility; Commitment (TRAC) for Use in the (b) the accuracy of the agency’s estimate Food and Beverage Industry. DATES: Written comments should be of the burden of the collection of OMB Number: 1545–1549. received on or before March 15, 2004, to information; (c) ways to enhance the Abstract: Information is required by be assured of consideration. quality, utility, and clarity of the the Internal Revenue Service in its ADDRESSES: Direct all written comments information to be collected; (d) ways to compliance efforts to assist employers to Robert M. Coar, Internal Revenue minimize the burden of the collection of and their employees in understanding Service, room 6411, 1111 Constitution information on respondents, including and complying with Internal Revenue Avenue, NW., Washington, DC 20224. through the use of automated collection Code section 6053(a), which requires FOR FURTHER INFORMATION CONTACT: techniques or other forms of information employees to report all their tips Requests for additional information or technology; and (e) estimates of capital monthly to their employers. copies of information collection should or start-up costs and costs of operation, Current Actions: There is no change to be directed to Carol Savage at Internal maintenance, and purchase of services this existing information collection. Revenue Service, room 6407, 1111 to provide information. Type of Review: Extension of a Constitution Avenue, NW., Washington, currently approved collection. Approved: January 9, 2004. Affected Public: Business or other for- DC 20224, or at (202) 622–3945, or Robert M. Coar, through the Internet at profit organizations. IRS Reports Clearance Officer. [email protected]. Estimated Number of Respondents [FR Doc. 04–935 Filed 1–14–04; 8:45 am] and/or Recordkeepers: 41,800. SUPPLEMENTARY INFORMATION: BILLING CODE 4830Ð01ÐP Estimated Average Time Per Title: Tip Rate Determination Respondent/Recordkeeper: 7 hours, 6 Agreement (for Use by Employers in the minutes. Food and Beverage Industry). DEPARTMENT OF THE TREASURY Estimated Total Annual Reporting OMB Number: 1545–1715. and/or Recordkeeping Burden Hours: Abstract: Information is required by Internal Revenue Service 296,916. the Internal Revenue Service in its The following paragraph applies to all Proposed Collection; Comment compliance efforts to assist employers of the collections of information covered Request for Tip Reporting Alternative and their employees in understanding by this notice: and complying with Internal Revenue Commitment (TRAC) for Use in the An agency may not conduct or Code section 6053(a), which requires Food and Beverage Industry sponsor, and a person is not required to employees to report all their tips AGENCY: Internal Revenue Service (IRS), respond to, a collection of information monthly to their employers. Treasury. unless the collection of information Current Actions: There is no change to ACTION: Notice and request for displays a valid OMB control number. this existing information collection. comments. Books or records relating to a collection Type of Review: Extension of a of information must be retained as long currently approved collection. SUMMARY: The Department of the as their contents may become material Affected Public: Business or other for- Treasury, as part of its continuing effort in the administration of any internal profit organizations. to reduce paperwork and respondent revenue law. Generally, tax returns and Estimated Number of Respondents: burden, invites the general public and tax return information are confidential, 200. other Federal agencies to take this as required by 26 U.S.C. 6103. Estimated Average Time Per opportunity to comment on proposed Request for Comments: Comments Respondent: 11 hours. and/or continuing information submitted in response to this notice will

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be summarized and/or included in the 463 (Federal Advisory Committee Act) Vermont Avenue, NW., Washington, DC request for OMB approval. All that a meeting of the Veteran’s Advisory 20420, by phone at (202) 273–7210, or comments will become a matter of Committee on Environmental Hazards by fax at (202) 275–1728, prior to public record. Comments are invited on: will be held on Wednesday and February 9, 2004. Members of the public (a) Whether the collection of Thursday, February 11–12, 2004, from 9 may submit written questions or information is necessary for the proper a.m. to 5 p.m. each day. The meeting prepared statements for review by the performance of the functions of the will be held at the Department of Committee in advance of the meeting. agency, including whether the Veterans Affairs (Lafayette Building), Statements must be received at least five information shall have practical utility; 811 Vermont Avenue, NW., Room 819, (5) days prior to the meeting and should (b) the accuracy of the agency’s estimate Washington, DC 20420. The meeting is be sent to Ms. Bernice Green’s attention of the burden of the collection of open to the public. at the address given above. Those who information; (c) ways to enhance the The purpose of the Committee is to submit material may be asked to clarify quality, utility, and clarity of the provide advice to the Secretary of information to be collected; (d) ways to Veterans Affairs on adverse health it prior to its consideration by the minimize the burden of the collection of effects that may be associated with Committee. An open forum for verbal information on respondents, including exposure to ionizing radiation and to statements from the public will also be through the use of automated collection make recommendations on proposed available for 20 minutes during the techniques or other forms of information standards and guidelines regarding VA morning and 20 minutes in the technology; and (e) estimates of capital benefit claims based upon exposure to afternoon for each day. Each person or start-up costs and costs of operation, ionizing radiation. who wishes to make a verbal statement maintenance, and purchase of services The major items on the agenda for before the Committee will be to provide information. both days will be discussions and accommodated on a first come, first Approved: January 12, 2004. analyses of medical and scientific serve basis and will be provided three Robert M. Coar, papers concerning the health effects of minutes to present the statement. IRS Reports Clearance Officer. exposure to ionizing radiation. On the Dated: January 8, 2004. basis of those analyses and discussions, [FR Doc. 04–936 Filed 1–14–04; 8:45 am] the Committee may make By Direction of the Secretary: BILLING CODE 4830Ð01ÐP recommendations to the Secretary E. Philip Riggin, concerning diseases that are the result of Committee Management Officer. exposure to ionizing radiation. The [FR Doc. 04–857 Filed 1–14–04; 8:45 am] DEPARTMENT OF VETERANS agenda for the second day will include BILLING CODE 8320Ð01ÐM AFFAIRS planning future Committee activities Veteran’s Advisory Committee on and assignment of tasks among the Environmental Hazards; Notice of members. Meeting Those who wish to attend should contact Ms. Bernice Green, of the The Department of Veterans Affairs Department of Veterans Affairs, (VA) gives notice under Public Law 92– Compensation and Pension Service, 810

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Corrections Federal Register Vol. 69, No. 10

Thursday, January 15, 2004

This section of the FEDERAL REGISTER DEPARTMENT OF DEFENSE January 12, 2004, make the following contains editorial corrections of previously corrections: published Presidential, Rule, Proposed Rule, Department of the Army; Corps of 1. On page 1699, in the first column, and Notice documents. These corrections are Engineers under the heading 3. Objectives of prepared by the Office of the Federal Proposed Action, in the first bulleted Register. Agency prepared corrections are Intent to Prepare a Draft Environmental issued as signed documents and appear in paragraph, in the third line, the permit Impact Statement for a Proposed number should read, ‘‘DC0000019.’’ the appropriate document categories Water Treatment Residuals elsewhere in the issue. 2. On the same page, in the second Management Process for the column, under the heading 5. Scoping Washington Aqueduct, Washington, Process, in the 12th through 14th lines, DC the Web site address should read, Correction ‘‘http://washingtonaqueduct.nab. usace.army.mil.’’ In notice document 04–441 beginning on page 1698 in the issue of Monday, [FR Doc. C4–441 Filed 1–14–04; 8:45 am] BILLING CODE 1505–01–P

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Part II

Environmental Protection Agency 40 CFR Parts 9, 86, 90, and 1051 Control of Emissions From Highway Motorcycles; Final Rule

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ENVIRONMENTAL PROTECTION We expect that manufacturers will be and by facsimile at (202) 566–1741. The AGENCY able to maintain or even improve the telephone number for the Air Docket is performance of their products without (202) 566–1742. You may be charged a 40 CFR Parts 9, 86, 90, and 1051 compromising safety when producing reasonable fee for photocopying docket [AMS–FRL–7604–8] highway motorcycles in compliance materials, as provided in 40 CFR part 2. with these standards. In fact, we RIN 2060–AJ90 For further information on electronic estimate that the fuel costs savings availability of this action, see associated with these regulations will Control of Emissions From Highway SUPPLEMENTARY INFORMATION below. offset about one fourth of the program’s Motorcycles cost by the time the standards are fully FOR FURTHER INFORMATION CONTACT: U.S. AGENCY: Environmental Protection phased in (2030). There are also several EPA, Office of Transportation and Air Agency (EPA). provisions to address the unique Quality, Assessment and Standards ACTION: Final rule. limitations of small volume Division hotline, (734) 214–4636, manufacturers. [email protected]. Carol Connell, (734) SUMMARY: In this action we are adopting 214–4636; [email protected]. revised exhaust emission standards for EFFECTIVE DATE: This final rule is currently regulated highway effective March 15, 2004. SUPPLEMENTARY INFORMATION: motorcycles. We are also adopting new ADDRESSES: Materials relevant to this Regulated Entities exhaust emissions standards for rulemaking are contained in Public motorcycles of less than 50 cubic Docket Numbers A–2000–01 and A– This action will affect companies that centimeters in displacement, which had 2000–02 at the following address: EPA manufacture or introduce into not previously been subject to EPA Docket Center (EPA/DC), Public Reading commerce highway motorcycles subject regulations. Finally, we are adopting Room, Room B102, EPA West Building, to the standards. This includes new permeation evaporative emission 1301 Constitution Avenue, NW., motorcycles with engines with a standards for all classes of highway Washington, DC. The EPA Docket displacement of less than 50 cubic motorcycles. Highway motorcycles Center Public Reading Room is open centimeters (cc) provided the vehicle contribute to ozone and particulate from 8:30 a.m. to 4:30 p.m., Monday otherwise meets the regulatory matter (PM) nonattainment, as well as through Friday, except on government definition of a highway motorcycle. other types of pollution impacting holidays. You can reach the Reading Regulated categories and entities human health and welfare. Room by telephone at (202) 566–1742, include:

NAICS Category SIC Codes b Examples of potentially regulated entities Codes a

Industry ...... 336991 ...... Motorcycle manufacturers. Industry ...... 421110 ...... Independent Commercial Importers of Vehicles and Parts. Notes: a North American Industry Classification System (NAICS). b Standard Industrial Classification (SIC) system code.

This list is not intended to be The official public docket is the that are available electronically. exhaustive, but rather provides a guide collection of materials that is available Although not all docket materials may regarding entities likely to be regulated for public viewing at Air Docket in the be available electronically, you may still by this action. To determine whether EPA Docket Center, (EPA/DC) EPA access any of the publicly available this action regulates particular West, Room B102, 1301 Constitution docket materials through the docket activities, you should carefully examine Ave., NW., Washington, DC. The EPA facility identified above under the the regulations. You may direct Docket Center Public Reading Room is heading ‘‘Docket.’’ Once in the system, questions regarding the applicability of open from 8:30 a.m. to 4:30 p.m., select ‘‘search,’’ then key in the this action to the person listed in FOR Monday through Friday, excluding legal appropriate docket identification FURTHER INFORMATION CONTACT. holidays. The telephone number for the number. Reading Room is (202) 566–1742, and Table of Contents How Can I Get Copies of This the telephone number for the Air Docket I. Introduction Document and Other Related is (202) 566–1742. Information? A. Background Electronic Access. You may access B. How Is This Document Organized? Docket. EPA has established an this Federal Register document C. What Requirements Are We Adopting? official public docket for this action electronically through the EPA Internet D. Putting This Action Into Perspective under the Federal Register listings at E. Statutory Authority under Docket ID Nos. OAR–2002–0024, F. Modification, Customization and A–2000–01, and A–2000–02. The http://www.epa.gov/fedrgstr/. Personalization of Motorcycles official docket consists of the An electronic version of the public G. Future Actions documents specifically referenced in docket is available through EPA’s II. Why Is EPA Taking This Action? this action, any public comments electronic public docket and comment A. What Are The Health and Welfare received, and other information related system, EPA Dockets. You may use EPA Effects of Highway Motorcycle to this action. Although a part of the Dockets at http://www.epa.gov/edocket/ Emissions? B. What Is the Emission Inventory official docket, the public docket does to view public comments, access the Contribution From Highway not include Confidential Business index listing of the contents of the Motorcycles? Information (CBI) or other information official public docket, and to access III. Which Vehicles and Engines Are whose disclosure is restricted by statute. those documents in the public docket Covered?

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A. What is a Highway Motorcycle? including visibility impairment in our or are otherwise active in close B. What are Class I, Class II, and Class III national parks. proximity to these sources. They will Highway Motorcycles? This rule addresses these air pollution also help address other environmental IV. Exhaust Emission Standards and Test concerns by adopting national emission problems associated with these sources, Procedures standards for highway motorcycles, A. What are the New Exhaust Emission such as visibility impairment in our Standards? including a category of motorcycle that national parks and other wilderness B. Can I Average, Bank, or Trade Emission is currently unregulated. These new areas. Credits? standards are a continuation of the This final rule follows several EPA C. What are The Applicable Test process of establishing emission notices: An Advance Notice of Proposed Procedures? standards for on-highway engines and Rulemaking (ANPRM) published on D. What Test Fuel Is Required for Emission vehicles under Clean Air Act section December 7, 2000 (65 FR 76797); a Testing? 202(a). We are adopting new exhaust Notice of Proposed Rulemaking (NPRM) E. Hardship Provisions emission standards and new standards published on August 14, 2002 (67 FR F. Special Compliance Provisions for Small for permeation emissions from highway Manufacturers 53050), and an additional notice dated motorcycles. October 30, 2002 (67 FR 66097). In the G. Exemption for Motorcycle Kits and Over the past quarter century, state Custom Motorcycles NPRM we proposed new exhaust V. Technological Feasibility of the Exhaust and federal governments have emission standards for highway Emission Standards established emission-control programs motorcycles, including motorcycles of A. Class I Motorcycles and Motorcycle that significantly reduce emissions from less than 50 cubic centimeters (cc) in Engines Under 50cc numerous types of sources. Many of displacement, and requested comment B. Class I and Class II Motorcycles Between these sources now pollute at only a on promulgating standards controlling 50 and 180cc small fraction of their pre-control rates. emissions from fuel tank and hose C. Class III Motorcycles In contrast, today’s rule revises EPA permeation from highway motorcycles.3 D. Safety and Performance Impacts standards for on-highway motorcycles E. Non-Conformance Penalties 1 We received comments on the NPRM for the first time since 1977. These final from a wide variety of stakeholders, VI. Permeation Emission Control standards for motorcycles reflect the A. Overview including the motorcycle manufacturing development of emission-control B. Permeation Emission Standards industry, motorcycle user groups, C. Testing Requirements technology that has occurred since we various governmental bodies, last set standards for these engines D. Special Compliance Provisions environmental groups, and the general which took effect in 1978. A review of E. Technological Feasibility public. These comments are available current motorcycle certification results VII. Environmental Impacts and Program for public viewing in Docket A–2000– Costs clearly indicates that the emissions 02. Our responses to these comments A. Environmental Impacts performance of a majority of current are detailed in the Summary and B. Motorcycle Engine and Equipment Costs motorcycles surpasses levels required Analysis of Comments, which is C. Aggregate Costs and Cost-Effectiveness by current federal regulations. The available in the docket and on our Web VIII. Public Participation standards established in this rule will IX. Statutory and Executive Order Reviews site. A. Executive Order 12866: Regulatory further lower emissions in the next 3– Planning and Review 7 years. B. How Is This Document Organized? B. Paperwork Reduction Act Nationwide, highway motorcycles are significant contributors to mobile-source This final rule covers highway C. Regulatory Flexibility Act (RFA), as motorcycles, which vary in size from Amended by the Small Business air pollution, currently accounting for Regulatory Enforcement Fairness Act of 0.6 percent of mobile-source small scooters with engines of less than 1996 (SBREFA), 5 U.S.C. 601 et seq. hydrocarbon (HC) emissions, 0.1 50cc displacement to large touring D. Unfunded Mandates Reform Act percent of mobile-source oxides of models with engines that approach the size of small automobile engines (over E. Executive Order 13132: Federalism nitrogen (NOX) emissions, and less than F. Executive Order 13175: Consultation 0.1 percent of mobile-source particulate 1000cc). In general the text is often and Coordination with Indian Tribal matter (PM) emissions.2 Without these organized by EPA’s definitions of Governments motorcycle classes, which are based on G. Executive Order 13045: Protection of further regulations, highway motorcycles would account for 2.2 the size of the engine and are used to Children from Environmental Health and distinguish motorcycles for the Safety Risks percent of mobile source HC, 0.3 purposes of applying emission H. Executive Order 13211: Actions that percent of mobile source NOX, and 0.1 Significantly Affect Energy Supply, percent of mobile-source particulate standards. Distribution, or Use matter (PM) emissions by 2020. These Section I describes the general I. National Technology Transfer and standards will reduce exposure to these provisions that we are finalizing and Advancement Act emissions and help avoid a range of provides some background and context J. Congressional Review Act adverse health effects associated with for the final rule. K. Plain Language ambient ozone and PM levels, especially Section II describes the air quality I. Introduction in terms of respiratory impairment and needs that cause us to publish this final related illnesses. In addition, the rule, as well as describing how highway A. Background standards will help reduce acute motorcycles contribute to air pollution. Air pollution is a serious threat to the exposure to air toxics and PM for Section III describes specifically health and well-being of millions of persons who operate or who work with which vehicles are covered by the final Americans and imposes a large burden rule. on the U.S. economy. Ground-level 1 See 42 FR 1122, Jan. 5, 1977. ozone, carbon monoxide, and 2 While we characterize emissions of 3 The NPRM also proposed provisions for particulate matter are linked to hydrocarbons, this can be used as a surrogate for controlling evaporative emissions from marine volatile organic compounds (VOC), which vessels that use spark-ignition engines. These potentially serious respiratory health comprises a very similar, but slightly different, set provisions are not a part of this action; a final rule problems, especially respiratory effects of compounds. Hydrocarbons are generally easier to addressing these provisions is being developed and and environmental degradation, test for, and therefore, are easier to regulate. will be published in a separate future action.

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Section IV describes the new exhaust 1. Class I and II Motorcycles in the 2006 model year, and a ‘‘Tier-2’’ emission standards and related We are adopting a new exhaust standard of 0.8 g/km starting in the 2010 provisions that we are finalizing. emission standard for Class I and Class model year. Because both HC and NOX Section V describes our findings II motorcycles of 1.0 g/km HC, to are ozone precursors, this new standard regarding the technological feasibility of replace the current federal HC standard will better reduce ozone than an HC- the exhaust emission standards for of 5.0 g/km. This standard will become only standard. Implementation on a highway motorcycles. effective starting with the 2006 model nationwide basis will take place starting Section VI describes the permeation year. Class I and II motorcycles have two model years after implementation of evaporative emission standards and been meeting a standard of 1.0 g/km HC identical exhaust emission standards in related provisions that we are finalizing. in California since 1982, and by 2006 California, ensuring that manufacturers It also describes the permeation testing the European versions of these have adequate lead time to plan for requirements and our findings regarding motorcycles will be meeting HC and these new standards and to have full the technological feasibility of the NOX standards that when combined are product lines available for sale. The permeation requirements. 4 Section VII summarizes the projected below 1.0 g/km. We are also finalizing federal CO standard of 12.0 g/km is environmental impacts and costs of this an optional HC+NOX standard of 1.4 g/ unchanged by this final rule. The rule. We expect the costs of this km, which will be required for process by which manufacturers certify emission control program to be about manufacturers who decide to take their motorcycles, the test procedures, $27 million (including fuel savings) advantage of provisions that allow the the driving cycle, and other elements of annually by the time the program is transfer of emission credits and the federal program remain unchanged. fully implemented. The emission averaging of Class I and II engine Class III motorcycles will also have to benefits of this program are projected to families. Class I and II motorcycles meet new requirements regarding low be approximately 55,000 tons of represent about 5–10 percent of annual permeation fuel tanks and fuel hoses. U.S. motorcycle sales. Class I and II HC+NOX annually by the time the D. Putting This Action Into Perspective program is fully implemented. motorcycles will also have to meet new requirements regarding low permeation Finally, Sections VIII and IX contain Federal standards for highway information about public participation fuel tanks and fuel hoses. We are also adopting a new definition motorcycles were first established in the and various administrative 1978 model year (see 42 FR 1126, Jan. requirements. of a Class I motorcycle which includes motorcycles with engine displacements 5, 1977). Interim standards were The remainder of this section effective for the 1978 and 1979 model summarizes the new requirements and of less than 50cc. These motorcycles— years, and final standards took effect provides some background and context which are powered mostly by two- with the 1980 model year. The interim for the final rule. stroke engines currently—have not been subject to EPA emission regulations standards ranged from 5.0 to 14.0 g/km C. What Requirements Are We until now. We are finalizing a useful life HC depending on engine displacement, Adopting? for the under 50cc category of 5 years while the interim CO standard of 17.0 In general, we are harmonizing the or 6,000 km, whichever first occurs. We g/km applied to all motorcycles. The federal motorcycle exhaust emission are also revising the test procedure for standards and requirements effective for standards with those of the state of this unique category of Class I 1980 and later model year motorcycles, California, but on a delayed schedule motorcycles to ensure that these small which do not include NOX emission relative to implementation in California motorcycles are tested appropriately. standards, currently remain unchanged from when they were established 25 and with some additional provisions 2. Class III Motorcycles that provide additional flexibility in years ago. Crankcase emissions from meeting the standards. The process by We are adopting new exhaust motorcycles have also been prohibited which motorcycle manufacturers certify emission standards for Class III since 1980. The level of technology their motorcycles to the exhaust motorcycles. Class III motorcycles required to meet these standards is emission standards, including the test represent more than 90 percent of widely considered to be comparable to procedures, the driving cycle, and other annual U.S. sales. These standards, the pre-catalyst technology in the elements of the federal program, are which can be met on a corporate- automobile. These standards, which generally unchanged. We are also average basis, are identical to the resulted in the phase-out of two-stroke adopting exhaust emission standards for standards of the California program. engines for highway motorcycles above previously unregulated motorcycles Specifically, we are adopting a ‘‘Tier-1’’ 50cc displacement, achieved significant with engines that are less than 50cc in standard of 1.4 g/km HC+NOX starting reductions in emissions. There are no displacement. In addition, we are current federal standards for evaporative 4 California standards are met using a test emissions from motorcycles. The adopting standards that will require the procedure identical to EPA’s, whereas compliance use of low permeability fuel tanks and with European standards is determined using a current federal exhaust emission fuel hoses on all motorcycles. different test procedure. standards are shown in Table I.D–1.

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TABLE I.D–1.—CURRENT FEDERAL EXHAUST EMISSION STANDARDS FOR MOTORCYCLES

Class Engine size HC (g/km) CO (g/km) Useful life (km)a

I ...... 50–169 ...... 5.0 12.0 12,000 II ...... 170–279 ...... 5.0 12.0 18,000 III ...... >279 ...... 5.0 12.0 30,000 Notes: a ‘‘Useful life’’ is the period over which the manufacturer must demonstrate compliance with emission standards. It is unrelated to how long a consumer can keep or ride a motorcycle.

However, it is clear that the impact of emissions control. In the past two to certify many of their motorcycles to the current federal standards on decades, other actions in Europe, Asia, the California standards (described motorcycle emission control was fully and California have caused motorcycle below in section I.D.2) and market them realized by the end of the 1980’s, and emission controls to continue to nationwide. This practice has resulted that international and other efforts have advance, despite the static U.S. in the average certification levels shown been the driving factor in more recent emission standards in that same time in Table I.D–2. technology development for motorcycle period. In fact, most manufacturers elect

TABLE I.D–2.—AVERAGE CERTIFICATION LEVELS FOR 2003 MODEL YEAR MOTORCYCLES

Class Engine size HC (g/km) CO (g/km)

I ...... 50–169 ...... 1.3 7.2 II ...... 170–279 ...... 0.9 7.2 III ...... >279 ...... 0.9 6.7 Note: Manufacturers typically certify at levels that provide them with sufficient ‘‘headroom’’ between the actual certification level and the stand- ard. This ‘‘headroom’’ is often 30–50% of the standard, as can be seen in the CO levels in this table which compare to a standard of 12 g/km.

1. New Federal Emission Standards for emissions, we felt it both necessary and motorcycles. Therefore the standards are Recreational Vehicles a matter of common sense to initiate an directly comparable. The current federal On November 8, 2002, we adopted action to review and update the two- highway motorcycle HC standard of 5.0 new standards for all-terrain vehicles decade-old highway motorcycle g/km appears even more misaligned (ATVs), snowmobiles, and off-highway emission standards. Table I.D–3 shows with the current state of emission motorcycles.5 These standards resulted the emission standards that apply to control technology when compared to from requirements in the Clean Air Act recreational vehicles. the standards that their off-highway regarding all nonroad vehicles. In light Compliance with the off-highway cousins will be meeting in the next few of the requirements in the Act and our motorcycle and ATV standards will be years. Today’s action rectifies this subsequent action to control emissions determined using the same test cycle imbalance in motorcycle and ATV from off-road motorcycle and ATV that is currently used for highway emission standards.

TABLE I.D–3.—RECREATIONAL VEHICLE EXHAUST EMISSION STANDARDS

Emission standards Vehicle Model year Phase-in HC g/kW-hr CO g/kW-hr

Snowmobile ...... 2006 ...... 100 275 50% 2007 through 2009 ...... 100 275 100% 2010 -option 1 ...... 75 200 2010 -option 2 ...... 45 275

HC+NOX CO g/km g/km

Off-highway ...... 2006 ...... 2.0 25.0 50% Motorcycle ...... 2007 and later ...... 2.0 25.0 100% ATV ...... 2006 ...... 1.5 35.0 50% 2007 and later ...... 1.5 35.0 100%

2. California Emission Standards for identical to the federal standards that federal definitions. However, California Highway Motorcycles took effect in 1980. The definitions of ARB has revised its standards several motorcycle classes used by California times in bringing them to their current Motorcycle exhaust emission ARB continue to be identical to the levels (see Table I.D–4). In the 1982 standards in California were originally

5 See 67 FR 68241 (November 8, 2002). The final ignition engines such as those used in forklifts and airport ground-service equipment and recreational rule also contained new standards for large spark- marine diesel engines.

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model year the standards were modified and to make the compliance program for highway motorcycles in California. to tighten the HC standard from 5.0 g/ more flexible for manufacturers. The Under the corporate-average scheme, no km to 1.0 or 1.4 g/km, depending on 1988 and later standards could be met individual engine family is allowed to engine displacement. California adopted on a corporate-average basis, and the exceed a cap of 2.5 g/km HC. Like the an evaporative emission standard of 2.0 Class III motorcycles were split into two federal program, California also g/test for all three motorcycle classes for separate categories: 280 cc to 699 cc and prohibits crankcase emissions. Current 1983 and later model year motorcycles. 700 cc and greater. These are the California exhaust emission standards California later amended the regulations standards that apply in California now. are shown in Table I.D–4. for 1988 and later model year Like the federal standards, there are motorcycles to further lower emissions currently no limits on NOX emissions

TABLE I.D–4.—CURRENT CALIFORNIA HIGHWAY MOTORCYCLE EXHAUST EMISSION STANDARDS

Class Engine size (cc) HC (g/km) CO (g/km)

I & II ...... 50–279 ...... 1.0 12.0 III ...... 280–699 ...... 1.0 12.0 III ...... 700 and above ...... 1.4 12.0

In November 1999, the California ARB emissions standard. As with the current addition, California ARB is providing an adopted new exhaust emission standards in California, manufacturers incentive program to encourage the standards for Class III motorcycles that will be able to meet the requirements on introduction of Tier 2 motorcycles would take effect in two phases—Tier 1 a corporate-average basis. Perhaps most before the 2008 model year. This standards starting with the 2004 model significantly, California ARB’s Tier 1 incentive program allows the year, followed by Tier 2 standards and Tier 2 standards control NOX accumulation of emission credits that starting with the 2008 model year (see emissions for the first time by manufacturers can use to meet the 2008 Table I.D–5). Existing California establishing a combined HC+NOX standards. Like the federal program, standards for Class I and Class II standard. California ARB made no these standards will also apply to dual- motorcycles (see Table I.D–4), which changes to the CO emission standard, sport motorcycles. have been in place since 1982, remain which remains at 12.0 g/km, equivalent unchanged, as does their evaporative to the existing federal standard. In

TABLE I.D–5.—TIER 1 AND TIER 2 CALIFORNIA CLASS III HIGHWAY MOTORCYCLE EXHAUST EMISSION STANDARDS

HC + NOX CO Model year Engine displacement (g/km) (g/km)

2004 through 2007 (Tier 1) ...... 280 cc and greater ...... 1.4 12.0 2008 and subsequent (Tier 2) ...... 280 cc and greater ...... 0.8 12.0

California ARB also adopted a new Tier 1 standards taking effect in 2004. TABLE I.D–6.—EUROPEAN UNION definition of small-volume The 2003 standards would require 2003 MOTORCYCLE EXHAUST EMIS- manufacturer that will take effect with emissions to be below the values shown SION STANDARDS FOR MOTOR- the 2008 model year. Currently and in Table I.D–6, as measured over the CYCLES >150CC through the 2003 model year, all European ECE–40 test cycle.6 The manufacturers must meet the standards, standards in Table I.D–6 apply to HC CO NOX regardless of production volume. Small- motorcycles of less than 50cc (e.g., (g/km) (g/km) (g/km) volume manufacturers, defined in scooters and mopeds) only if the California ARB’s recent action as a motorcycle can exceed 45 kilometers 1.0 5.5 0.3 manufacturer with California sales of per hour (28 miles per hour). Starting in combined Class I, Class II, and Class III 2002 motorcycles of less than 50cc that New standards that would apply motorcycles not greater than 300 units cannot exceed 45 kilometers per hour starting in 2006, along with a revised annually, do not have to meet the new (28 miles per hour) are subject to a new test cycle (as an interim cycle to bridge standards until the 2008 model year, at HC+NO standard of 1.2 grams per between the current EU cycle and a which point the Tier 1 standard applies. X kilometer and a CO standard of 1.0 gram possible WMTC cycle in the future) 3. European Union and Other per kilometer. have been recently finalized by the EU. International Actions Setting aside the difference in test cycles, the 2006 EU HC and NOX The European Union (EU) has standards are roughly comparable to established a new phase of motorcycle and perhaps somewhat more stringent 6 standards, which took effect in 2003, The ECE–40 cycle is used by several countries than the California Tier 2 motorcycle around the world for motorcycle emission testing. and has recently finalized a second standards effective in 2008. The 2006 phase that will start in 2006. The 2003 It has its origins in passenger car driving, being derived from the European ECE–15 passenger car EU standards are shown in Table I.D–7. European standards are more stringent cycle. The speed-time trace is simply a combination than the existing federal standards, and, of straight lines, resulting in a ‘‘modal’’ cycle, rather with the exception of the CO standard, than the transient nature of the U.S. Federal Test are roughly comparable to the California Procedure (FTP).

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TABLE I.D–7.—EUROPEAN UNION emissions as a separate class or In other words, under current law, 2006 MOTORCYCLE EXHAUST EMIS- category, the Administrator, in owners of motor vehicles 8 cannot SION STANDARDS FOR MOTOR- promulgating such standards, shall legally make modifications that remove, CYCLES >150CC consider the need to achieve bypass, or disable emission-control equivalency of emission reductions devices installed by the manufacturer.9 It is also illegal for part manufacturers HC CO NOX between motorcycles and other motor (g/km) (g/km) (g/km) vehicles to the maximum extent and dealers to manufacture, sell or practicable.’’ install a part or component that the 0.3 2.0 0.15 EPA’s initial standards regulating manufacturer or dealer knows or should motorcycles were promulgated on know will be sold or used in a manner Many other nations around the world, that defeats the emissions control particularly in South Asia where two- December 23, 1976 (42 FR 1122). In that final rule EPA made the finding that system. stroke small displacement motorcycles We use the term ‘‘tampering’’ to refer highway motorcycles were a contributor can be a majority of the vehicle specifically to actions that are illegal to air pollution and that control of their population, have also recently improved under Clean Air Act section 203; the emissions is necessary to meet the their emission standards or are planning term, and the prohibition, do not apply National Ambient Air Quality to do so in the next several years. For generally to the wide range of actions example, Taiwan has adopted an Standards. The air quality analyses that a motorcycle enthusiast can take to conducted for this final rule (see the HC+NOX standard of 1.0 gram per personalize his or her motorcycle, but kilometer for all two-strokes starting in Final Regulatory Support Document) only to actions that remove or disable 2003 (as tested on the European ECE–40 continue to support this conclusion. emission control devices or cause the test cycle). (Four-stroke motorcycle The standards promulgated in the 1976 emissions to exceed the standards. We engines will have to meet at standard of rule and in this final rule treat know, from anecdotal reports and from 2.0 grams per kilometer.) India has motorcycles as a separate class of motor some data collected from in-use proposed a standard for all motorcycles vehicle, and thus are governed by the motorcycles, that a portion of the language in section 202(a)(1) and (2) and of 1.3 grams per kilometer HC+NOX in motorcycle riding population has 2003 and 1.0 grams per kilometer 202(a)(3)(E). In promulgating these removed, replaced, or modified the standards, EPA has considered the need HC+NOX in 2005 (as tested on the original equipment on their Indian Drive Cycle, or IDC).7 China has to achieve equivalency in emission motorcycles. This customization can adopted the 2003 European standards reduction between motorcycles and include changes that can be detrimental described above, implementing them in other motor vehicles (see Section 4.1 of (or, in some cases, possibly beneficial) 2004, a year later than Europe. the Final Regulatory Support to the motorcycle’s emission levels. The Document). NPRM sought comments and data that E. Statutory Authority F. Modification, Customization and could better help us understand the Section 202(a)(1) and (2) of the Clean Personalization of Motorcycles nature of the issue, such that our final Air Act authorizes EPA to promulgate, rule decisions could be made with the and from time to time revise, standards Many motorcycle owners personalize best understanding possible of current applicable to emissions of any air their motorcycles in a variety of ways. consumer practices. We did not propose pollutant from any class or classes of This is one of the aspects of motorcycle to revise the existing tampering new motor vehicles that, in the ownership that is appealing to a large restrictions or to prohibit many of the Administrator’s judgment cause or number of motorcycle owners, and they things that motorcycle owners are now contribute to air pollution which in take their freedom to customize their doing legally. EPA’s judgment may reasonably be bikes very seriously. However, there are The new emission standards that we anticipated to endanger public health or some forms of customization that are are adopting do not change this welfare. Such regulations shall apply for not legal under the provisions of Clean ‘‘tampering’’ prohibition, which has the useful life of the vehicle and ‘‘shall Air Act section 203(a), which states that been in the Clean Air Act for more than take effect after such period as the it is illegal: 20 years. Part manufacturers are still Administrator finds is necessary to free to make parts, dealers are free to for any person to remove or render sell and install parts, and owners are permit the development and application inoperative any device or element of design free to customize their motorcycles in of the requisite technology, giving installed on or in a motor vehicle or motor any way, as long as they do not disable appropriate consideration to the cost of vehicle engine in compliance with compliance within such period.’’ regulations under this title prior to its sale emission controls or cause the In particular, section 202(a)(3)(E) and delivery to the ultimate purchaser or motorcycle to exceed the emission states that motorcycles shall be treated * * * after such sale and delivery to the standards. Owners are also free to as heavy-duty vehicles unless ‘‘the ultimate purchaser.* * * perform routine maintenance on their Administrator promulgates regulations motorcycles to restore or maintain the under subsection (a) of this section or motorcycle engine and related applying standards applicable to the for any person to manufacture or sell * * * components in their original condition emission of air pollutants from or install, any part or component intended and configuration. motorcycles as a separate class or for use with * * * any motor vehicle * * * category. In any case in which such where a principal effect of the part or 8 A motorcycle is a ‘‘motor vehicle’’ as defined under section 216 of the Clean Air Act, which states standards are promulgated for such component is to bypass, defeat, or render that ‘‘[t]he term ‘‘motor vehicle’’ means any self- inoperative any device or element of design propelled vehicle designed for transporting persons 7 The IDC, although not a transient cycle like the installed on or in a motor vehicle * * * in or property on a street or highway.’’ FTP, appears to be the only cycle currently in use compliance with regulations under this title, 9 See Mobile Source Enforcement Memorandum that is based on actual measurements of and where the person knows or should know No. 1A, Interim Tampering Enforcement Policy, motorcycles in use. Although the FTP is based on that such part or component is being offered Office of Enforcement and General Council, June real-world driving of passenger cars and not 25, 1974 (Docket A–2000–01; document IV–A–27). motorcycles, it is reasonable to argue that the two for sale or installed for such use or put to (http://www.epa.gov/oeca/ore/aed/comp/ types of vehicles are driven similarly. such use. * * * hcomp.html)

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G. Future Actions such that it is both fair to the engine hopeful that a test cycle meeting the manufacturers and beneficial to small stated objectives can be agreed on by the 1. 2006 Technology Progress Review volume motorcycle manufacturers. international participants, including the The California ARB has indicated Under one possible approach, small United States. Although a draft test plans for a technology progress review, volume motorcycle manufacturers could cycle has been developed, some issues to take place in 2006, to evaluate choose to use certified engines and to remain unresolved and it will likely be manufacturers’ progress in meeting the accept the calibration or configuration some time before a new cycle can be Tier 2 standards. Specifically, California of a certified engine that they purchase issued as a global technical regulation ARB documents state that the purpose for use in their motorcycles. Small under the process established by a 1998 of the 2006 review would be to ‘‘*** volume manufacturers would not be international agreement. Under that evaluate the success, cost, and required to use certified engines, but if process, if a test cycle is brought to a consumer acceptance of engine they chose either to use uncertified vote and the United States votes in the modifications employed to meet Tier-1 engines or to change the calibration or affirmative, we will then be committed ***’’ and to ‘‘ * * * review and configuration of the certified engines to initiating a rulemaking that may lead discuss manufacturers’ efforts to meet they use, then they would have to to an action to adopt the new test cycle. Tier-2 * * * ’’10 As part of that review, independently certify their motorcycles If the timing is appropriate this action the California ARB has suggested they to the applicable emission standards. could include proposals relating to the may reevaluate whether the Tier 2 In the context of the 2006 review we 2006 technology review discussed standard should be applied to small- may also evaluate additional above. 11 evaporative emission requirements, volume manufacturers in the future. II. Why Is EPA Taking This Action? We plan to participate in that review more stringent CO standards, an and work with the California ARB and HC+NOX standard for Class I and II This final rule establishes revised others. We would intend to make any motorcycles, and revisions to the useful standards for highway motorcycles. The appropriate adjustments to the Tier 2 life definitions. Further action on these current emission standards for these standards or implementation schedule if or any other items would depend on an vehicles were set in 1978 and are based our review leads to the conclusion that evaluation of appropriate criteria, on 1970-era emission control changes are warranted. including but not necessarily limited to technology. We are adopting new HC In the context of the 2006 progress costs and feasibility. These items, and NOX standards that reflect the review we will evaluate and possibly including the engine program, could be application of more advanced emission propose regulatory revisions with regard proposed with the world harmonized control technology. These standards are to a number of issues that are discussed motorcycle test cycle discussed below if harmonized with California’s highway in this final rule. In particular, we the timing is appropriate, or in an motorcycle emission standards, but on a intend to pursue development of a independent action if the timing is not delayed schedule relative to program that would apply emission appropriate. implementation in California and with standards to motorcycle engine some additional provisions that provide 2. Globally Harmonized Motorcycle Test additional flexibility in meeting the manufacturers. Small-volume Cycle manufacturers may be the primary standards. We are also finalizing new consumers of motorcycle engines built In the NPRM we noted the effort federal emission standards for highway by others, since they generally do not underway under the auspices of the motorcycles under 50cc that are have the physical or technical resources United Nations/Economic Commission currently uncontrolled. Finally, we are to develop, test, and manufacture their for Europe (UN/ECE) to develop a global adopting standards to control own engines. Although these small harmonized world motorcycle test cycle permeation evaporative emissions from (WMTC), and requested comment on manufacturers are provided with a the fuel tanks and fuel hoses on adopting such a test cycle in the future. substantial level of flexibility in the highway motorcycles. The United States is also a participating As described below and in the Final current program, some additional member of UN/ECE. The objective of the Regulatory Support Document, these flexibility may be warranted in the WMTC project is to develop a standards will help address the future, especially with regard to very scientifically supported test cycle that contribution of these engines to air small manufacturers producing fewer accurately represents the in-use driving pollution that causes public health and than 100 motorcycles per year. In characteristics of highway motorcycles, welfare problems. HC and NO evaluating any potential future actions, X and that could ultimately be integrated emissions from highway motorcycles we intend to carefully consider the into the requirements of nations around contribute to ambient concentrations of potential impacts on the small segment the world. The advantages of such a test ozone. They also add to fine particle of the motorcycle industry represented cycle are numerous. First, the industry levels and contribute to visibility by the smallest manufacturers. could have a single test cycle to meet impairment. The standards we are It is our view that a program could be emission standards in many countries adopting, which are expected to result structured such that small volume (the process recognizes that nations will in about a 60 percent reduction in HC motorcycle manufacturers could have differing emission standards due and NO emissions in 2020, will help purchase certified engines directly from X the varying air-pollution concerns). reduce these harmful emissions. They an engine manufacturer. We believe that Second, the test cycle could potentially will also reduce personal exposure for such a program could be structured be better than the existing FTP in that people who operate, who work with, or it is expected to better represent how a are otherwise in close proximity to these 10 State of California Air Resources Board, October 23, 1998 ‘‘Proposed Amendments to the wide range of riders drive their vehicles. This is important because, in California On-Road Motorcycle Regulation’’ Staff motorcycles, which could ultimately addition to the health effects associated Report: Initial Statement of Reasons (Docket A– result in further emission reductions. with exposure to ozone and fine PM, 2000–01; document II–D–12). At this time we are not adopting any many types of hydrocarbons are also air 11 State of California Air Resources Board, ‘‘Final Statement of Reasons for Rulemaking: Proposed modifications to the highway toxics. Amendments to the California On-Road Motorcycle motorcycle test cycle. We continue to be Based on the most recent data Regulation.’’ involved in the WMTC process and are available for this rule (1999–2001),

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ozone and PM air quality problems are reduce lung function and make it more studies investigate the impact of ozone widespread in the United States. There difficult to breathe deeply, and exposure on such health effects as are about 111 million people living in breathing may become more rapid and changes in lung structure and counties with monitored concentrations shallow than normal, thereby limiting a biochemistry, inflammation of the exceeding the 8-hour ozone NAAQS, person’s normal activity. Ozone also can lungs, exacerbation and causation of and over 65 million people living in aggravate asthma, leading to more asthma, respiratory illness-related counties with monitored PM2.5 levels asthma attacks that require a doctor’s school absence, hospital and emergency exceeding the PM2.5 NAAQS. This attention and/or the use of additional room visits for asthma and other emission control program is another medication. In addition, ozone can respiratory causes, and premature component of the effort by federal, state inflame and damage the lining of the mortality. EPA is currently in the and local governments to reduce the lungs, which may lead to permanent process of evaluating these and other health related impacts of air pollution changes in lung tissue, irreversible studies as part of the ongoing review of and to reach attainment of the National reductions in lung function, and a lower the air quality criteria and NAAQS for Ambient Air Quality Standard (NAAQS) quality of life if the inflammation occurs ozone. A revised Air Quality Criteria for ozone and particulate matter as well repeatedly over a long time period Document for Ozone and Other as to improve other environmental (months, years, a lifetime). People who Photochemical Oxidants will be conditions such as atmospheric are of particular concern with respect to prepared in consultation with EPA’s visibility. ozone exposures include children and Clean Air Science Advisory Committee adults who are active outdoors. Others (CASAC). Key new health information A. What Are The Health and Welfare particularly susceptible to ozone effects falls into four general areas: Effects of Highway Motorcycle are people with respiratory disease, development of new-onset asthma, Emissions? such as asthma, and people with hospital admissions for young children, Highway motorcycles generate unusual sensitivity to ozone, and school absence rate, and premature emissions that contribute to ozone children. Beyond its human health mortality. In all, the new studies that formation and ambient levels of PM and effects, ozone has been shown to injure have become available since the 8-hour air toxics. This section summarizes the plants, which has the effect of reducing ozone standard was adopted in 1997 general health effects of these crop yields and reducing productivity in continue to demonstrate the harmful pollutants. National inventory estimates forest ecosystems.15 16 effects of ozone on public health and the are set out in Section II.B, and estimates The 8-hour ozone standard, need for areas with high ozone levels to of the expected impact of these established by EPA in 1997, is based on attain and maintain the NAAQS. programs are described in Section VII. well-documented science demonstrating In addition to these health effects, HC Interested readers are encouraged to that more people are experiencing emissions contain several air toxics that refer to the Regulatory Support adverse health effects at lower levels of can also have adverse impacts on Document for this rule for more in- exertion, over longer periods, and at human health. The health effects of air depth discussions. lower ozone concentrations than toxics are briefly described below and 1. Health and Welfare Effects Associated addressed by the one-hour ozone discussed in more detail in the final 17 With Ground Level Ozone and Its standard. The 8-hour standard Regulatory Support Document for this Precursors addresses ozone exposures of concern rule. for the general population and Ozone and its precursors also have a. Health and Welfare Effects populations most at risk, including welfare effects. Ozone has been shown Highway motorcycles contribute to children active outdoors, outdoor to injure plants, which has the effect of ambient ozone levels through their HC workers, and individuals with pre- reducing crop yields, reducing and NOX emissions. Volatile organic existing respiratory disease, such as productivity in forests and other compounds (VOC) and NOX are asthma. ecosystems. Ozone also attacks certain precursors in the photochemical There has been new research that materials such as rubbers and plastics. reaction which forms tropospheric suggests additional serious health Other environmental effects, such as ozone. Ground-level ozone, the main effects beyond those that were known acid deposition and eutrophication, are ingredient in smog, is formed by when the 8-hour ozone health standard related to ozone precursors, such as complex chemical reactions of VOCs was set. Since 1997, over 1,700 new NOX. Acid deposition, or acid rain as it and NOX in the presence of heat and health and welfare studies relating to is commonly known, occurs when SO2 sunlight. Hydrocarbons are a set of ozone have been published in peer- and NOX react in the atmosphere with compounds that are very similar to, but reviewed journals.18 Many of these water, oxygen, and oxidants to form slightly different from, VOCs, and to various acidic compounds that later fall reduce mobile-source VOC levels we set 14 U.S. EPA. (1996). Review of National Ambient to earth in the form of precipitation or maximum limits for HC emissions.12 Air Quality Standards for Ozone, Assessment of dry deposition of acidic particles.19 Scientific and Technical Information, OAQPS Staff Ozone can irritate the respiratory Paper, EPA–452/R–96–007. Docket No. A–99–06. Acid rain contributes to damage of trees system, causing coughing, throat Document No. II–A–22. at high elevations and in extreme cases irritation, and/or uncomfortable 15 U.S. EPA (1996). Air Quality Criteria for Ozone sensation in the chest.13 14 Ozone can and Related Photochemical Oxidants, EPA/600/P– Previous Ozone AQCD, National Center for 93/004aF. Docket No. A–99–06. Document Nos. II– Environmental Assessment, Office of Research and A–15 to 17. More information on health effects of 12 For more information about VOC and HC, see Development, U.S. Environmental Protection ozone is also available at http:/www.epa.gov/ttn/ U.S. EPA (1997), Conversion Factors for Agency, Research Triangle Park, NC 27711 (7/2002) naaqs/standards/ozone/s.03.index.html. Hydrocarbon Emission Components, Report No. Docket No. A–2001–28, Document II–A–79. 16 NR–002. A copy of this document is available in U.S. EPA. (1996). Review of National Ambient 19 Much of the information in this subsection was Docket A–2000–02, Document IV–A–26. Air Quality Standards for Ozone, Assessment of excerpted from the EPA document, Human Health 13 U.S. EPA (1996). Air Quality Criteria for Ozone Scientific and Technical Information, OAQPS Staff Benefits from Sulfate Reduction, written under Title and Related Photochemical Oxidants, EPA/600/P– Paper, EPA–452/R–96–007. Docket No. A–99–06. IV of the 1990 Clean Air Act Amendments, U.S. 93/004aF. Docket No. A–99–06. Document Nos. II- Document No. II–A–22. EPA, Office of Air and Radiation, Acid Rain A–15 to 17. More information on health effects of 17 See, e.g., 62 FR 38861–62, July 18, 1997. Division, Washington, DC 20460, November 1995. ozone is also available at http:/www.epa.gov/ttn/ 18 New Ozone Health and Environmental Effects Available in Docket A–2000–01, Document No. II– naaqs/standards/ozone/s.03.index.html. References, Published Since Completion of the A–32.

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may cause lakes and streams to become According to data from 1999 to 2001, 2014 time period. For areas covered so acidic that they cannot support there are 291 counties where 111 under subpart 2, the maximum aquatic life. In addition, acid deposition million people live that measured attainment dates provided under the Act accelerates the decay of building values that violate the 8-hour ozone range from 3 to 20 years after materials and paints, including NAAQS.21 An additional 37 million designation, depending on an area’s irreplaceable buildings, statues, and people live in 155 counties that have air classification. We anticipate that areas sculptures that are part of our nation’s quality measurements within 10 percent covered by subpart 2 will attain in the cultural heritage. To reduce damage to of the level of the standard. These areas, 2007 to 2024 time period.22 automotive paint caused by acid rain though currently not violating the Since the HC and NOX emission and acidic dry deposition, some standard, will also benefit from the reductions expected from this final rule manufacturers use acid-resistant paints, additional emission reductions from will go into effect during the period at an average cost of $5 per vehicle—a this rule. when areas will need to attain the 8- total of $80–85 million per year when Based on our air quality modeling hour ozone NAAQS, the projected applied to all new cars and trucks sold performed for our recent Notice of reductions in highway motorcycle in the U.S. Proposed Rulemaking proposing more emissions are expected to assist States Eutrophication is the accelerated stringent emission standards for in their effort to meet and maintain that production of organic matter, nonroad diesel engines and the diesel standard. fuel used in those engines (68 FR 28328, particularly algae, in a water body. This 2. Health and Welfare Effects Associated increased growth can cause numerous May 23, 2003), we anticipate that without emission reductions beyond With Particulate Matter adverse ecological effects and economic those already required under impacts, including nuisance algal a. Health and Welfare Effects promulgated regulations and approved blooms, dieback of underwater plants SIPs, ozone nonattainment will likely Highway motorcycles contribute to due to reduced light penetration, and persist into the future. With reductions ambient particulate matter in two ways. toxic plankton blooms. Algal and from programs already in place, the First, they contribute through direct plankton blooms can also reduce the number of counties violating the ozone emissions of particulate matter in the level of dissolved oxygen, which can 8-hour standard is expected to decrease exhaust. Second, they contribute also adversely affect fish and shellfish in 2020 to 30 counties where 43 million through the indirect formation of PM populations. Deposition of nitrogen people are projected to live. Thereafter, (namely ammonium nitrate and organic from on-highway motorcycle engines exposure to unhealthy levels of ozone is carbonaceous PM2.5) in the atmosphere contributes to elevated nitrogen levels expected to begin to increase again. In through their NOX and organic carbon in waterbodies. 2030 the number of counties violating emissions, especially HC. Carbonaceous b. Current and Projected Ozone Levels the ozone 8-hour NAAQS is projected to PM2.5 is a major portion of ambient increase to 32 counties where 47 million PM2.5, especially in populous urban Ground level ozone today remains a people are projected to live. In addition, areas. The relative contribution of pervasive pollution problem in the in 2030, 82 counties where 44 million various chemical components to PM2.5 United States. In 2003, 114 million people are projected to live will be varies by region of the country. people (2000 census) lived in 53 areas within 10 percent of violating the ozone Particulate matter represents a broad designated nonattainment under the 1- 8-hour NAAQS. class of chemically and physically hour ozone NAAQS.20 This sharp EPA is still developing the diverse substances. It can be principally decline from the 101 nonattainment implementation process for bringing the characterized as discrete particles that areas originally identified under the nation’s air into attainment with the exist in the condensed (liquid or solid) Clean Air Act Amendments of 1990 ozone 8-hour NAAQS (see proposal, 68 phase spanning several orders of demonstrates the effectiveness of the FR 32702, June 2, 2003). The Act magnitude in size. All particles equal to last decade’s worth of emission-control contains two sets of requirements for and less than 10 microns are called programs. However, elevated ozone State plans implementing the national PM10 Fine particles can be generally concentrations remain a serious public ozone air quality standards in defined as those particles with an health concern throughout the nation. nonattainment areas. Under subpart 1 of aerodynamic diameter of 2.5 microns or Unhealthy ozone concentrations Title I, Part D, a State must demonstrate less (also known as PM2.5), and coarse exceeding the level of the 8-hour that nonattainment areas will attain the fraction particles are those particles standard (i.e., not requisite to protect the ozone 8-hour standard as expeditiously with an aerodynamic diameter greater public health with an adequate margin as practicable but no later than five than 2.5 microns, but equal to or less of safety) occur over wide geographic years from the date that the area was than a nominal 10 microns. Fine areas, including most of the nation’s designated nonattainment. However, particles can remain in the atmosphere major population centers. These based on the severity of the air quality for days to weeks and travel through the monitored areas include much of the problem and the availability and atmosphere hundreds to thousands of eastern half of the U.S. and large areas feasibility of control measures, the kilometers, while coarse particles of California. Administrator may extend the deposit to the earth within minutes to attainment date ‘‘for a period of no 20 ‘‘One-hour Ozone and PM 10 Nonattainment greater than 10 years from the date of 22 EPA has proposed that States submit SIPs that Status and Air Quality Data Update,’’ Memorandum designation as nonattainment.’’ Based address how areas will attain the 8-hour ozone from Patricia Koman to Docket A–2000–2, August on these provisions, we expect that most standard within 3 years after nonattainment 11, 2003, Docket A–2000–02, Document IV–B–07. designation for moderate and above areas classified See also National Air Quality and Emissions Trends or all areas covered under subpart 1 will under subpart 2 and for some areas classified under Report, 1999, EPA, 2001, at Table A–19. This attain the ozone standard in the 2007 to subpart 1. EPA is also proposing that marginal areas document is available at http://www.epa.gov/oar/ and some areas designated under subpart 1 (i.e., aqtrnd99/. The data from the Trends report are the 21 Additional counties may have levels above the those with early attainment dates) will not be most recent EPA air quality data that have been NAAQS but do not currently have monitors. See required to submit attainment demonstrations for quality assured. A copy of this table can also be U.S. EPA OAQPS Air Quality Data Analysis 1999– the 8-hour ozone standard. We therefore anticipate found in Docket No. A–2000–01, Document No. II– 2001 Technical Support Document for Regulatory that States will submit their attainment A–64. Actions (Docket A–2001–28; No. II–A–196). demonstration SIPs by April 2007.

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hours and within tens of kilometers cardiovascular disease found that the standards. Each of these are discussed from the emission source. effect of PM10 was significantly greater below. Scientific studies show ambient PM in areas with a larger proportion of PM10 i. PM10 Levels. The current NAAQS (which is attributable to a number of coming from motor vehicles, indicating for PM10 were established in 1987. The sources, including highway that PM10 from these sources may have primary (health-based) and secondary motorcycles) is associated with a series a greater effect on the toxicity of (public welfare based) standards for of adverse health effects. These health ambient PM10 when compared with PM10 include both short- and long-term effects are discussed in detail in the other sources.29 Additional studies have NAAQS. The short-term (24 hour) EPA Criteria Document for PM as well associated changes in heart rate and/or standard of 150 ug/m3 is not to be as the draft updates of this document heart rhythm in addition to changes in exceeded more than once per year on released in the past year. 23 24 blood characteristics with exposure to average over three years. The long-term As described in these documents, ambient PM. 30 31 For additional standard specifies an expected annual health effects associated ambient PM information on health effects, see the arithmetic mean not to exceed 50 ug/m3 have been indicated by epidemiologic Regulatory Support Document for this averaged over three years. studies showing associations between rule. Currently, 29 million people live in short-term exposure and increased PM10 nonattainment areas. There are The health effects of PM10 are similar hospital admissions for ischemic heart to those of PM , since PM includes currently 56 moderate PM10 disease, heart failure, respiratory 2.5 10 nonattainment areas with a total all of PM2.5 plus the coarse fraction from 33 disease, including chronic obstructive 2.5 to 10 micrometers in size. EPA also population of 6.6 million. The pulmonary disease (COPD) and evaluates the health effects of PM attainment date for the initial moderate pneumonia. Short-term elevations in between 2.5 and 10 micrometers in the PM10 nonattainment areas, designated ambient PM have also been associated draft revised Criteria Document. As by law on November 15, 1990, was with increased cough, lower respiratory December 31, 1994. Several additional discussed in the Diesel HAD and other symptoms, and decrements in lung PM nonattainment areas were studies, most diesel PM is smaller than 10 function. Short-term variations in designated on January 21, 1994, and the 2.5 micrometers.32 Both fine and coarse ambient PM have also been associated attainment date for these areas was fraction particles can enter and deposit with increases in total and December 31, 2000. There are an in the respiratory system. cardiorespiratory daily mortality. additional 8 serious PM10 Studies examining populations exposed PM also causes adverse impacts to the nonattainment areas with a total to different levels of air pollution over environment. Fine PM is the major affected population of 22.7 million. cause of reduced visibility in parts of a number of years, including the According to the Act, serious PM10 Harvard Six Cities Study and the the United States, including many of nonattainment areas must attain the American Cancer Society Study suggest our national parks. Other environmental standards no later than 10 years after impacts occur when particles deposit an association between exposure to designation. The initial serious PM10 onto soils, plants, water or materials. ambient PM2.5 and premature nonattainment areas were designated mortality. 25 26 Two studies further For example, particles containing January 18, 1994 and had an attainment analyzing the Harvard Six Cities Study’s nitrogen and sulphur that deposit on to date set by the Act of December 31, air quality data have also established a land or water bodies may change the 2001. The Act provides that EPA may specific influence of mobile source- nutrient balance and acidity of those grant extensions of the serious area 27 related PM2.5 on daily mortality and a environments. Finally, PM causes attainment dates of up to 5 years, concentration-response function for soiling and erosion damage to materials, provided that the area requesting the mobile source-associated PM2.5 and including culturally important objects extension meets the requirements of daily mortality.28 Another recent study such as carved monuments and statues. Section 188(e) of the Act. Four serious in 14 U.S. cities examining the effect of It promotes and accelerates the PM10 nonattainment areas (Phoenix, PM10 on daily hospital admissions for corrosion of metals, degrades paints, Arizona; Coachella Valley, South Coast and deteriorates building materials such (Los Angeles), and Owens Valley, 23 U.S. EPA (1996). Air Quality Criteria for as concrete and limestone. California) have received extensions of Particulate Matter—Volumes I, II, and III, EPA, the December 31, 2001 attainment date Office of Research and Development. Report No. b. Current and Projected Levels EPA/600/P–95/001a–cF. This material is available and thus have new attainment dates of 34 in Docket A–99–06, Documents IV–A–30 to 32. It There are NAAQS for both PM10 and December 31, 2006. is also available electronically at http:// PM2.5. Violations of the annual PM2.5 While all of these areas are expected www.epa.gov/ttn/oarpg/ticd.html. standard are much more widespread to be in attainment before any 24 U.S. EPA (2002). Air Quality Criteria for than are violations of the PM10 significant emission reductions from Particulate Matter—Volumes I and II (Third External Review Draft) This material is available in this rule are expected to occur, these Docket A–2001–28, Documents II–A–98 and II–A– 29 Janssen NA; Schwartz J; Zanobetti A.; et al. reductions will help these areas in 71. It is also available electronically at http:// (2002). Air conditioning and source-specific maintaining the standards. particles as modifiers of the effect of PM on cfpub.epa.gov/ncea/cfm/partmatt.cfm. 10 ii. PM2.5 Levels. The NAAQS for PM2.5 25 Dockery, DW; Pope, CA, III; Xu, X; et al. (1993). hospital admissions for heart and lung disease. were established by EPA in 1997 (62 An association between air pollution and mortality Environ Health Perspect 110(1):43–49. in six U.S. cities. N Engl J Med 329:1753–1759. 30 Pope CA III, Verrier RL, Lovett EG; et al. (1999). Fed. Reg., 38651, July 18, 1997). The 26 Pope, CA, III; Thun, MJ; Namboordiri, MM; et Heart rate variability associated with particulate air short term (24-hour) standard is set at a al. (1995). Particulate air pollution as a predictor of pollution. Am Heart J 138(5 Pt 1):890–899. level of 65 µg/m3 based on the 98th mortality in a prospective study of U.S. adults. Am 31 Magari SR, Hauser R, Schwartz J; et al. (2001). percentile concentration averaged over J Respir Crit Care Med 151:669–674. Association of heart rate variability with three years. (This air quality statistic 27 Laden F; Neas LM; Dockery DW; et al. (2000). occupational and environmental exposure to Association of fine particulate matter from different particulate air pollution. Circulation 104(9):986– 33 sources with daily mortality in six U.S. cities. 991. ‘‘One-hour Ozone and PM10 Nonattainment Environ Health Perspect 108(10):941–947. 32 U.S. EPA (1985). Size specific total particulate Status and Air Quality Data Update,’’ Memorandum 28 Schwartz J; Laden F; Zanobetti A. (2002). The emission factor for mobile sources. EPA 460/3–85– from Patricia Koman to Docket A–2000–2, August concentration-response relation between PM(2.5) 005. Office of Mobile Sources, Ann Arbor, MI. A 11, 2003, Docket A–2000–02, Document IV–B–07. and daily deaths. Environ Health Perspect 110(10): copy of this document is available in Docket A– 34 EPA has also proposed to grant Las Vegas, 1025–1029. 2001–28, Document II–A–35. Nevada, an extension until December 31, 2006.

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compared to the standard is referred to million people will live in 79 counties that are associated with the health and as the ‘‘design value.’’) The long-term with average PM2.5 levels above 15 ug/ public welfare effects described in standard specifies an expected annual m3. In 2030, the number of people Section II.A. Emission estimates for arithmetic mean not to exceed 15 ug/m3 projected to live in areas exceeding the highway motorcycles were developed averaged over three years. PM2.5 standard is expected to increase to using information on the certification High ambient levels of PM2.5 are 85 million in 107 counties. An levels of current motorcycles and widespread throughout the country. additional 24 million people are information on motorcycle use provided Current PM2.5 monitored values for projected to live in counties within 10 by the motorcycle industry. A more 1999–2001, which cover counties percent of the standard in 2020, which detailed description of the highway having about 75 percent of the country’s will decrease to 17 million people in motorcycle modeling and our estimation population, indicate that at least 65 2030. methodology can be found in the million people in 129 counties live in By reducing HC and NOX emissions Chapter 6 of the Draft Regulatory areas where annual design values of from highway motorcycles, the Support Document. ambient fine PM violate the PM2.5 standards we are finalizing will assist In order to determine the relative NAAQS. There are an additional 9 States as they implement local controls contribution of highway motorcycles to million people in 20 counties where to reduce PM2.5 levels and help ensure overall emissions, we estimated the levels above the NAAQS are being long term maintenance with the emissions from all sources. Overall measured, although there are NAAQS. emission inventory estimates for the insufficient data at this time to calculate years 1996 and 2020 are summarized in a design value in accordance with the 3. Health Effects Associated With Air Tables II.B–1 through II.B–3 for VOC, Toxics 37 standard and thus determine whether NOX, and PM emissions, respectively. these areas are violating the PM2.5 In addition to the human health and The estimates shown for highway NAAQS. In total, this represents 37 welfare impacts described above, motorcycles are baseline estimates and percent of the counties and 64 percent emissions from the engines covered by do not account for the impact of the of the population in the areas with this rule also contain several Mobile standards adopted today. These tables monitors with levels above the NAAQS. Source Air Toxics, including benzene, show the relative contributions of the Furthermore, an additional 11 million 1,3-butadiene, formaldehyde, different mobile-source categories to the people live in 41 counties that have air acetaldehyde, and acrolein.35 The overall national mobile-source quality measurements within 10 percent health effects of these air toxics are inventory. Of the total emissions from of the level of the standard, with described in more detail in the mobile sources, highway motorcycles complete data. These areas, although Regulatory Support Document for this contribute about 0.6 percent, 0.1 not currently violating the standard, rule. Additional information can also be percent, and less than 0.1 percent of will also benefit from the additional HC found in the Technical Support VOC, NOX, and PM emissions, and NOX reductions from these Document for our final Mobile Source respectively, in the year 1996. The motorcycle emission standards. Air Toxics rule.36 projections for 2020 for the highway The air quality modeling performed The hydrocarbon controls contained motorcycles subject to the standards for our recent Notice of Proposed in this rule are expected to reduce adopted today show that emissions from Rulemaking proposing more stringent exposure to air toxics and therefore may these categories are expected to increase emission standards for nonroad diesel help reduce the impact of these engines over time if left uncontrolled. engines and the diesel fuel used in those on cancer and noncancer health effects. Projections indicate that motorcycles are engines (68 FR 28328, May 23, 2003) expected to contribute 2.3 percent, 0.3 suggests that similar conditions are B. What Is the Emission Inventory percent, and 0.1 percent of mobile Contribution From Highway likely to continue to exist in the future source VOC, NO , and PM emissions in Motorcycles? X in the absence of additional measures to the year 2020 if left uncontrolled. reduce these emissions. For example, in The highway motorcycles subject to Population growth and the effects of 2020 based on emission controls the standards finalized today contribute other regulatory control programs are currently adopted, we project that 66 to the national inventories of pollutants factored into these projections.

TABLE II.B–1.—ANNUAL VOC BASELINE EMISSION LEVELS FOR MOBILE

1996 2020 Category VOC short % of mobile VOC short % of mobile tons source % of total tons source % of total

Highway Motorcycles ...... 47,368 0.6 0.3 86,520 2.2 0.6 Highway Light-duty ...... 4,635,410 55.8 25.0 1,755,119 45.4 13.0 Highway Heavy-duty ...... 608,607 7.3 3.3 226,641 5.9 1.7 Land-based Nonroad Diesel ...... 221,403 2.7 1.2 96,855 2.5 0.7 Recreational Marine Diesel ≤50 hp ...... 128 0.0 0.0 108 0.0 0.0 Recreational Marine Diesel >50 hp ...... 1,199 0.0 0.0 1,531 0.0 0.0 Recreational Marine SI ...... 804,488 9.7 4.3 380,891 9.9 2.8

35 EPA recently finalized a list of 21 Mobile 36 See our Mobile Source Air Toxics final Rulemaking. See 68 FR 28328, May 23, 2003. The Source Air Toxics, including VOCs, metals, and rulemaking, 66 FR 17230, March 29, 2001, and the inventories for recreational marine engines greater diesel particulate matter and diesel exhaust organic Technical Support Document for that rulemaking. than 50 horsepower, nonroad spark-ignition engines gases (collectively DPM+DEOG). 66 FR 17230, Copies of these documents are available in Docket greater than 25 horsepower, and recreation spark- No. A–2000–01, Documents Nos. II–A–42 and II–A– March 29, 2001. This material is available in Docket ignition engines have been updated using the latest 30. version of EPA’s NONROAD model to account for No. A–2000–01, Documents Nos. II–A–42 and II–A– 37 The inventories cited in Tables II.B–1 through the new standards adopted by EPA in late 2002. See 30. II.B–3 were developed for the Nonroad Diesel 67 FR 68242, November 8, 2002.

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TABLE II.B–1.—ANNUAL VOC BASELINE EMISSION LEVELS FOR MOBILE CONTINUED

1996 2020 Category VOC short % of mobile VOC short % of mobile tons source % of total tons source % of total

Nonroad SI ≤25 hp ...... 1,330,229 16.0 7.2 650,158 16.8 4.8 Nonroad SI >25hp ...... 85,701 1.0 0.5 12,265 0.3 0.1 Recreational SI ...... 308,285 3.7 1.7 339,098 8.8 2.5 Commercial Marine Diesel ...... 31,545 0.4 0.2 37,290 1.0 0.3 Commercial Marine SI ...... 960 0.0 0.0 998 0.0 0.0 Locomotive ...... 48,381 0.6 0.3 36,546 0.9 0.3 Aircraft ...... 176,394 2.1 1.0 239,654 6.2 1.8

Total Nonroad ...... 3,008,713 36 16 1,795,394 46 13 Total Highway ...... 5,291,385 64 29 2,068,280 54 15

Total Mobile Sources ...... 8,300,098 100 45 3,863,674 100 29 Stationary Point and Area Sources ...... 10,249,136 ...... 55 9,648,376 ...... 71

Total Man-Made Sources ...... 18,549,234 ...... 13,512,050 ...... Mobile Source Percent of Total ...... 45 ...... 29 ...... Notes: a These are 48-state inventories. They do not include Alaska and Hawaii. b The mobile source estimates include both exhaust and evaporative emissions. c Hydrocarbons (HC) are a set of compounds that are very similar to, but slightly different from, VOCs, and to reduce mobile source VOC lev- els we set maximum limits for HC emissions.

a TABLE II.B–2.—ANNUAL NOX BASELINE EMISSION LEVELS FOR MOBILE AND OTHER SOURCE CATEGORIES

1996 2020 Category NOX short % of mobile NOX short % of mobile tons source % of total tons source % of total

Highway Motorcycles ...... 7,284 0.1 0.0 14,059 0.3 0.1 Highway Light-duty ...... 4,427,634 33.8 18.0 1,264,342 25.0 8.4 Highway Heavy-duty ...... 4,626,004 35.3 18.8 696,911 13.8 4.6 Land-based Nonroad Diesel ...... 1,583,664 12.1 6.4 1,140,727 22.6 7.6 Recreational Marine Diesel ≤50 hp ...... 523 0.0 0.0 682 0.0 0.0 Recreational Marine Diesel >50 hp ...... 33,468 0.3 0.1 47,675 0.9 0.3 Recreational Marine SI ...... 33,304 0.3 0.1 61,749 1.2 0.4 Nonroad SI ≤25 hp ...... 63,584 0.5 0.3 100,119 2.0 0.7 Nonroad SI >25hp ...... 273,099 2.1 1.1 43,322 0.9 0.3 Recreational SI ...... 4,297 0.0 0.0 17,129 0.3 0.1 Commercial Marine Diesel ...... 959,704 7.3 3.9 819,201 16.2 5.4 Commercial Marine SI ...... 6,428 0.0 0.0 4,551 0.1 0.0 Locomotive ...... 921,556 7.0 3.8 612,722 12.1 4.1 Aircraft ...... 165,018 1.3 0.7 228,851 4.5 1.5

Total Nonroad ...... 4,044,645 31 16 3,076,728 61 20 Total Highway ...... 9,060,922 69 37 1,975,312 39 13

Total Mobile Sources ...... 13,105,567 100 53 5,052,040 100 33 Stationary Point and Area Sources ...... 11,449,752 ...... 47 10,050,213 ...... 67

Total Man-Made Sources ...... 24,555,319 ...... 15,102,253 ...... Mobile Source Percent of Total ...... 53 ...... 33 ...... Notes: a These are 48-state inventories. They do not include Alaska and Hawaii.

TABLE II.B–3.—ANNUAL DIRECT PM–2.5 BASELINE EMISSION LEVELS FOR MOBILE AND OTHER SOURCE CATEGORIES a,b

1996 2020 Category PM–2.5 short % of mobile PM–2.5 short % of mobile tons source % of total tons source % of total

Highway Motorcycles ...... 184 0.0 0.0 434 0.1 0.0 Highway Light-duty ...... 57,534 10.2 2.6 47,136 13.2 2.3 Highway Heavy-duty ...... 172,965 30.7 7.8 24,806 7.0 1.2 Land-based Nonroad Diesel ...... 176,510 31.3 8.0 124,334 34.9 6.0 Recreational Marine Diesel ≤50 hp ...... 62 0.0 0.0 70 0.0 0.0 Recreational Marine Diesel >50 hp ...... 815 0.1 0.0 1,162 0.3 0.1

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TABLE II.B–3.—ANNUAL DIRECT PM–2.5 BASELINE EMISSION LEVELS FOR MOBILE AND OTHER SOURCE CATEGORIES a,b—Continued

1996 2020 Category PM–2.5 short % of mobile PM–2.5 short % of mobile tons source % of total tons source % of total

Recreational Marine SI ...... 35,147 6.2 1.6 26,110 7.3 1.3 Nonroad SI ≤25 hp ...... 24,130 4.3 1.1 29,998 8.4 1.5 Nonroad SI >25hp ...... 1,374 0.2 0.1 2,302 0.6 0.1 Recreational SI ...... 7,968 1.4 0.4 9,963 2.8 0.5 Commercial Marine Diesel ...... 36,367 6.5 1.6 41,365 11.6 2.0 Commercial Marine SI ...... 1,370 0.2 0.1 1,326 0.4 0.1 Locomotive ...... 20,937 3.7 0.9 16,727 4.7 0.8 Aircraft ...... 27,891 5.0 1.3 30,024 8.4 1.5 Total Nonroad ...... 332,571 59 15 283,381 80 14 Total Highway ...... 230,683 41 10 72,376 20 4

Total Mobile Sources ...... 563,254 100 25 355,757 100 17 Stationary Point and Area Sources ...... 1,653,392 ...... 75 1,712,004 ...... 83

Total Man-Made Sources ...... 2,216,646 ...... 2,067,761 ...... Mobile Source Percent of Total ...... 25 ...... 17 ...... Notes: a These are 48-state inventories. They do not include Alaska and Hawaii. b Excludes natural and miscellaneous sources.

III. Which Vehicles and Engines Are on public roads), the vehicle must first the definition of ‘‘motor vehicle’’ (e.g., Covered? be defined as a ‘‘motor vehicle’’ under very small mopeds and scooters) We are adopting new standards for the Clean Air Act. because they can not exceed 25 miles new highway motorcycles, including The Clean Air Act specifies that the per hour or because they meet some of those with engines with displacements term ‘‘motor vehicle,’’ as used in the the other criteria described above are of less than 50cc. These requirements Act, applies only to vehicles ‘‘designed considered nonroad recreational apply to manufacturers of motorcycles. for transporting persons or property on vehicles and are subject to the Companies that produce and sell a street or highway’’ (CAA section 216). applicable emission standards for off- motorcycle engines are not directly In addition, EPA has promulgated highway motorcycles. covered, unless such a company also regulations, in 40 CFR 85.1703, that Once it is determined that a vehicle manufactures motorcycles. Every elaborate on the Act’s definition of is a ‘‘motor vehicle’’, EPA regulations company that manufactures motorcycles motor vehicles and set forth three then determine which motor vehicles for introduction into commerce in the criteria, which, if any one is met, would are highway motorcycles for the U.S., whether or not they also cause a vehicle to not be considered a purposes of applying emission manufacture motorcycle engines, is motor vehicle under the regulations, standards. Although motorcycles come covered by EPA regulations. Engine and therefore not subject to in a variety of two- and three-wheeled manufacturers will be indirectly requirements applicable to motor configurations and styles, for the most required to design and build complying vehicles. These criteria are: part they are two-wheeled, self-powered engines, because their customers (e.g., (1) The vehicle cannot exceed a vehicles. EPA regulations currently motorcycle manufacturers that purchase maximum speed of 25 miles per hour define a motorcycle as ‘‘any motor their engines) will require engines that over a level paved surface; or vehicle with a headlight, taillight, and comply with emission standards. (2) The vehicle lacks features stoplight and having: two wheels, or In order to be defined as a highway customarily associated with safe and three wheels and a curb mass less than motorcycle—and therefore covered by practical street or highway use, or equal to 793 kilograms (1749 the new standards—a motorcycle must including such things as a reverse gear pounds)’’ (See 40 CFR 86.402–98). first be defined as a motor vehicle under (except motorcycles), a differential, or In the past, vehicles that would the Clean Air Act and EPA regulations. safety features required by state and/or otherwise meet the definition of a EPA regulations then specify the federal law; or motorcycle but with an engine characteristics that cause a motor (3) The vehicle exhibits features displacement of less than 50cc (e.g., vehicle to be defined as a highway which render its use on a street or small scooters and mopeds), have not motorcycle. EPA regulations also divide highway unsafe, impractical, or highly been subject to any EPA emission highway motorcycles into three unlikely, including tracked road contact standards. In this final rule we are, for ‘‘classes,’’ which are used to determine means, an inordinate size, or features the first time, applying emission the specific compliance requirements ordinarily associated with military standards to any highway motorcycle, applicable to a given motorcycle. This combat or tactical vehicles such as regardless of displacement. armor and/or weaponry. section explains the definitions and the B. What Are Class I, Class II, and Class motorcycle classes defined by EPA. A vehicle that cannot be considered a motor vehicle under the statutory and III Highway Motorcycles? A. What Is a Highway Motorcycle? regulatory definitions described above is Both EPA and California regulations To reach the conclusion that a two- or generally considered under the Clean sub-divide highway motorcycles into three-wheeled vehicle is a highway Air Act to be a ‘‘nonroad’’ vehicle. classes based on engine displacement. motorcycle (a motorcycle legal for use Mopeds and scooters that do not meet These divisions have been consistent

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between EPA and the California ARB for I emission standards to motorcycles 1 shows how these classes are defined many years. However, we are adopting with displacements of less than 50cc. before and after implementation of new a revised definition for Class I The revised definition will take effect standards for motorcycles with engines motorcycles in order to apply the Class with the 2006 model year. Table V.A– of less than 50cc displacement.

TABLE III.B–1.—MOTORCYCLE AND MOTORCYCLE ENGINE CLASSES

Engine displacement (cubic centimeters) Motorcycle class Through 2005 model year 2006 and later model years

Class I ...... 50–169 ...... 0–169. Class II ...... 170–279 ...... 170–279. Class III ...... 280 and greater ...... 280 and greater.

Highway motorcycles with engine displacements near 2300cc, the typical optional HC+NOX standard for Class I displacements less than 50cc are mostly top-end displacement is around 1800cc. and II motorcycles, which will be mopeds and motor scooters (‘‘scooters,’’ required of manufacturers wishing to IV. Exhaust Emission Standards and or sometimes, ‘‘motorbikes’’). These average their emissions or transfer Test Procedures vehicles are generally powered by 49cc emission credits across classes. For two-stroke engines, although four-stroke We are adopting new exhaust Class III motorcycles, the standards will engines are becoming more popular. emission standards for highway require compliance with two tiers of Honda, a major player in this market motorcycles. This section includes a exhaust emission standards that sector, will no longer be marketing any description of the new standards and California ARB has put in place for two-stroke street-use motorcycles as of other important provisions. A future model years. The existing federal the 2003 model year; everything, discussion of the technological CO standard of 12.0 g/km remains including their 49cc scooter, will be feasibility of the standards is in Section unchanged. The process by which powered by a four-stroke engine. V of this document. manufacturers certify their motorcycles, All motorcycles currently certified to the test procedures, the driving cycle, A. What Are the New Exhaust Emission EPA emission standards are powered by and other elements of the federal Standards? four-stroke engines. Class I and II program also remain unchanged. motorcycles, which make up less than In general, we are harmonizing the ten percent of unit sales and only 24 out federal exhaust emission standards for 1. Class I and II Motorcycles of 175 certified 2002 engine families, all classes of motorcycles with those of We are adopting the current California consist mostly of dual-sport the California program, but on a delayed ARB Class I and II exhaust emission motorcycles, scooters, and entry-level schedule relative to implementation in standards on a nationwide basis starting sport bikes and cruisers. Class III California. For Class I and Class II with the 2006 model year. These motorcycles represent 151 of the 175 motorcycles this means meeting exhaust standards, which have been in place in certified 2002 engine families, and more emission standards for HC and CO that California since 1982, are shown in than 90 percent of annual sales. Most have applied in California since 1982. Table IV.A–1. In recent years, Class III motorcycles are powered by Motorcycles with engine displacements motorcycles certified to the California relatively large engines, as demonstrated of less than 50cc (previously standards have been sold nationwide, by an average displacement in the class unregulated) will be considered Class I and there have been few, if any, of about 1100cc. Although there are motorcycles, and thus subject to the motorcycles in those classes that are some motorcycles that use eight- Class I standards. However, we have set limited to 49-state sales due to their not cylinder automotive engines and some a useful life of 6,000 km for under 50cc being able to meet the California on the horizon that may have motorcycles. We are also adopting an standards.

TABLE IV.A–1.—FINAL CLASS I AND II EXHAUST EMISSION STANDARDS

HC CO Class and displacement (cc) (g/km) (g/km) Useful life

I–A (0–49) ...... 1.0 12.0 5 years/6,000 km a. I–B (50–169) ...... 1.0 12.0 5 years/12,000 km a. II (170–279) ...... 1.0 12.0 5 years/18,000 km. Notes: a In order to distinguish the two segments within Class I that have differing useful life definitions, the regulatory text defines Class I–A (0–49cc) and Class I–B (50–169cc).

We are also redefining Class I engine displacement under 50cc will be standard of 1.4 g/km. As of 2006 when motorcycles to include those tested on a driving cycle that is slightly new Class I and II standards become motorcycles with engine displacements modified in order to accommodate the effective, the category of motorcycles under 50cc; thus, these previously lower speed and acceleration under 50cc will be meeting an HC+NOX unregulated motorcycles will be subject capabilities of these motorcycles relative standard of 1.2 g/km in the EU, albeit to the Class I standards shown in Table to other Class I motorcycles. on a different duty cycle. Also in 2006, IV.A–1. As described further in Section For all Class I and II motorcycles we motorcycles at or above 50cc but less IV.C, certain Class I motorcycles with an are also adopting an optional HC+NOX than 150cc in the EU will be meeting an

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HC standard of 0.8 g/km and a NOX exhaust emission standards of the may have emissions below the standard of 0.15 g/km (combined California program, as shown in Table standards, while others have emissions HC+NOX of 0.95), and motorcycles over IV.A–1. Specifically, we are adopting a higher than the standards. For 150cc will be meeting standards that are Tier 1 standard of 1.4 g/km HC+NOX enforcement purposes, manufacturers even lower. In addition, an HC+NOX starting in the 2006 model year, and a are required to specify a certification standard of 1.4 g/km is equivalent to the Tier 2 standard of 0.8 g/km HC+NOX limit, or ‘‘Family Emission Limit’’ (FEL) Class III standard that goes into effect in starting in the 2010 model year. Because for each engine family. The FEL is the 2006. We believe that an HC+NOX both HC and NOX are ozone precursors, emission level that a particular engine standard is the only appropriate way to this new standard would better reduce family is certified as meeting and, in enable the transfer of credits across ozone than an HC-only standard. effect, become the standard for the motorcycle classes in the finalized Implementation on a nationwide basis individual family. The FEL may be averaging program, and this optional will take place starting two model years above or below the applicable standard standard should also be required of any after implementation of identical as long as the manufacturer’s sales- manufacturer who wants to average exhaust emission standards in weighted emissions level meets the Class I and II engine families (discussed California, ensuring that manufacturers applicable standard. in detail in Section IV.B). have adequate lead time to plan for We proposed an averaging program We are providing a few years of lead these new standards. As described in for Class III motorcycles only, and time before these standards take effect Section IV.B in further detail, these requested comment on whether we for several reasons. First, the previously standards can be met on a corporate- should include Class I and II unregulated Class I category under 50cc average basis. motorcycles in the averaging program. will require some lead time to meet new Based on comments, we are including standards. Second, we are allowing TABLE IV.A–1.—FINAL CLASS III Class I and II motorcycles in the some averaging provisions that enable EXHAUST EMISSION STANDARDS (G/KM) averaging program with certain manufacturers to transfer Class III restrictions intended to address emission credits to Classes I and II, and Model year HC+NOX CO concerns about the relative stringency of these provisions will not be applicable the Class I and II standards relative to until new Class III standards take effect 2006–2009 ...... 1.4 12.0 the Class III standards. We are creating in 2006. Third, although all Class I and 2010 and later ...... 0.8 12.0 two separate averaging sets, one for II engine families in the 2002 model met these standards, that is not the case with As noted earlier, California ARB plans Class I and II motorcycles and one for the 2003 model year. This indicates to a technology progress review in 2006 to Class III motorcycles. Averaging would us that there may possibly be some evaluate manufacturers’ progress in be allowed without constraint within models already under development in meeting the Class III Tier 2 standards. each of these two averaging sets. the context of the existing federal We plan to participate in that review However, we are limiting the manner in standard, and an abrupt transition to the and work with California ARB and which credits could be exchanged new standard would create some others, intending to make any between the two averaging sets. Credits difficulty in such cases. Given that the appropriate adjustments to the from Class III motorcycles could be used vast majority of Class I and II standards or implementation schedule if to offset debits from Class I and II motorcycles do already meet the warranted. motorcycles. These credits are standards we are finalizing, it seems calculated by multiplying the g/km B. Can I Average, Bank, or Trade emission level by the useful life (in km) unreasonable to potentially disrupt the Emission Credits? introduction and sale of a small number to give total grams of credits. Therefore, of motorcycles to advance the standards To provide flexibility in meeting the there is no need to accommodate the to an earlier date. standards, we are adopting an emission- engine size differences between the As we noted in the NPRM, the U.S. is credit program comparable to the different motorcycle classes. However, a minor market for small motorcycles, existing California ARB regulations, but given that the Class I and II standards scooters, and mopeds, especially those with additional flexibility relative to are less stringent than the Class III with engine displacements of under California ARB’s program. The program standards, we are not allowing Class I 50cc. Some manufacturers, such as consists of two parts. The first and II credits to be used to offset debits Piaggio (maker of the Vespa scooters), component, the averaging program, from Class III motorcycles. This also may sell only a few thousand units in allows manufacturers to meet the addresses concerns expressed by some the U.S., but have worldwide sales of standards on a fleet-average basis. The commenters that all manufacturers do scooters that approach the magnitude of second component, the early credits not offer products in all classes, and total U.S. motorcycle sales. We believe programs, provides incentives for the allowing Class I and II credits to be used that an attempt to drive technology and early introduction of Class III for Class III compliance would emission limits for these vehicles motorcycles meeting the Tier 2 inherently disadvantage Class III-only beyond those that are applicable in the standards. We are not adopting any manufacturers. Because the Class III major small motorcycle and scooter banking provisions beyond the early standards are HC+NOX standards while markets could result in the outright credits program, and are not adopting the primary Class I and II standards are withdrawal of some manufacturers’ any form of emissions trading program. HC only, we will allow such cross class products from the U.S. market. These The emission-credit program is averaging only if the manufacturer uses companies could choose to forego the described in detail in the following the optional HC+NOX standards for small amount of U.S. sales rather than paragraphs. Classes I and II. In addition, Class I and develop specific technologies to address Under the averaging program, II motorcycles could be averaged U.S. requirements. manufacturers are able to balance the together, but must be certified to the certified emissions of their motorcycles optional HC+NOX standards in order to 2. Class III Motorcycles so that the sales-weighted emissions participate in the averaging program. We are harmonizing the federal Class level meets the applicable standard. We believe that this is an appropriate III motorcycle standards with the This means that some engine families approach for several reasons. California

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does not currently offer an averaging introduction of these very low-emission any such downward FEL change could program for Class I and II motorcycles. vehicles. not be inconsistent with the levels Therefore, the optional standard Under the early credits program, shown in existing certification data. provides additional flexibility relative to credits will be calculated based on the These requirements only apply to the California program, and this amount that a Class III motorcycle is downward FEL adjustments. We will flexibility allows the certification of below the Tier 2 standards. These not require such data or advance notice motorcycles that are higher-emitting credits are banked and can be used to justify upward adjustments to FELs. than those allowed in California. An beginning with the 2010 model year. In However, any upward adjustment to averaging program with an HC-only order to provide incentives for the early FELs must not cause a manufacturer’s standard would result in additional introduction of even cleaner Tier 2 fleet to violate the relevant standard. flexibility, but also in additional motorcycles, we are also adopting C. What Are the Applicable Test uncertainty regarding the overall impact provisions to increase these early credits Procedures? on total emissions of ozone precursors. by a specific multiplier factor We have also established that in some depending on how far below the Tier 2 With the exception of the newly recent model years all Class I and II standards a motorcycle is and how long regulated category of motorcycles with motorcycles have been in compliance before 2010 it is produced. These engines of less than 50cc displacement, with the primary HC standard that we multipliers are shown in Table IV.B–1. we are not making any changes to the are adopting, which is not typically the Because we expect the Tier 2 motorcycle exhaust emission test sort of situation where additional technologies to become more procedures. We have noted the potential flexibility is warranted or offered. widespread as 2010 approaches, the for a world harmonized test cycle— However, we believe that additional multipliers decrease linearly in value which would likely affect all highway flexibility can be offered in exchange for from 2006 until 2010, when the early motorcycle classes, and in fact would controlling NOX to reasonably compliance incentive will no longer possibly redefine the classes—but achievable levels. have any value (i.e., the multiplier has international discussions regarding such We believe that it is appropriate to a value of 1.0) and the program will a test cycle and associated standards are retain our general historical approach to terminate. still likely two to three years away from FEL caps by setting the Class III FEL cap being completed. at 5.0 g/km HC+NOX as proposed, TABLE IV.B–1.—MULTIPLIERS TO EN- Class I motorcycles are currently primarily to allow flexibility in the COURAGE EARLY COMPLIANCE WITH provided with a less severe test cycle transition to the new standards. While THE TIER 2 STANDARD AND BEYOND than Class II and III motorcycles. This it is true that this approach will allow test cycle is essentially the traditional some motorcycle models which do not Multiplier (Y) for use in MY FTP, but with lower top speeds and meet the California FEL cap of 2.5 g/km 2010 and later corporate reduced acceleration rates relative to the a HC+NOX to be manufactured and sold Model year averaging FTP that is used for Class II and III outside of California, the number of sold Certified at 0.4 motorcycles and other light-duty models is quite small (less than ten of Early tier 2 g/km vehicles. The Class I FTP has a top the 192 model year 2003 engine families HC+NOX speed of 58.7 km/hr (36.5 mph), certified as of March, 2003). However, whereas the Class II/III FTP has a top we also believe that such an approach, 2003 through speed of 91.2 km/hr (56.7 mph). In the 2006 ...... 1.5 3.0 while helping to ease the transition to NPRM we requested comment on the new standards, is not defensible for 2007 ...... 1.375 2.5 2008 ...... 1.250 2.0 whether the existing Class I driving the long term. Thus, we are adopting an cycle was appropriate for the under FEL cap of 2.5 g/km HC+NO (the level 2009 ...... 1.125 1.5 X 50cc category, and manufacturers of of the California FEL cap) for Class III Notes: these motorcycles commented that it motorcycles to be effective with the a Early Tier 2 motorcycles and motorcycles was not. The manufacturers (MIC and implementation of the Tier 2 standards certified to 0.4 g/km are counted cumulatively ACEM) noted that many of the machines in the 2010 model year. Consistent with toward the MY 2010 and later corporate average. in the under 50cc category have top our approach to FEL caps for Class III speeds that are less than 36.5 mph, the motorcycles, we are adopting 5.0 g/km In 2010 and later model years the highest speed of the current Class I test HC+NO as an FEL cap for Class I and program becomes a basic averaging X cycle. Based on these comments, we are II motorcycles, to apply in the 2006 program, where each manufacturer has adopting a modified version of the Class model year when the new standards and to meet the applicable HC+NOX averaging program take effect for these standard on a fleet-average basis. See I driving cycle—supported by the motorcycles. the regulations at § 86.449. manufacturers—that ensures that To encourage early compliance with We are not adopting a required motorcycles under 50cc that have top the Tier 2 standards for Class III production line testing (PLT) program speeds below 58.7 km/hr (36.5 mph) are motorcycles, we are adopting an early for highway motorcycles as part of this tested within their operational limits. credits program similar to the one in action. However, we are concerned Starting with the 2006 model year, the place in California, with timing adjusted about the integrity of post-certification existing Class I driving cycle will be due to the differing federal changes to FELs in the absence of a PLT modified for motorcycles under 50cc implementation schedule. We believe program which could be the source of with vehicle top speeds of less than 36.5 the incentives in this program will data needed to justify a downward mph by adjusting each speed point of encourage manufacturers to introduce change in an FEL. Thus, we will not the driving cycle by the ratio of the top Tier 2 motorcycles nationwide earlier allow post-certification downward speed of the motorcycle to 36.5 mpg (the than required by the rule. In addition, changes to FELs in the absence of top speed of the existing Class I drive we believe some manufacturers can supporting emission data. Further, a cycle). We are defining ‘‘vehicle top reduce emissions even further than manufacturer must provide such data speed’’ in the regulations as the highest required by the Tier 2 standard, and we and seek advance approval from us for sustainable speed on a flat paved would like to encourage the early a downward FEL change. In addition, surface with a rider weighing 80 kg (176

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lbs).38 A motorcycle under 50cc with a manufacturer can demonstrate that it addition of new technologies a uniquely top speed at or greater than 36.5 mph is has taken all possible steps to comply resource-intensive prospect. required to be tested using the existing with the standards but the burden of 1. Delay of Standards for Small Volume and unmodified Class I driving cycle. compliance would have a significant Manufacturers impact on the company’s solvency. The D. What Test Fuel Is Required for We are delaying compliance with the Emission Testing? second type of hardship provision allows a company to apply for hardship Tier 1 standard of 1.4 g/km HC+NOX The specifications for gasoline to be relief if circumstances outside of the until the 2008 model year for small used by the EPA and by manufacturers company’s control cause a failure to manufacturers, and at this time, we are for emission testing can be found in 40 comply, and the failure to sell the not requiring these manufacturers to CFR 86.513–94. These regulations also noncompliant product would have a meet the Tier 2 standard. The existing specify that the fuel used for vehicle major impact on the company’s California regulations do not require service accumulation shall be solvency. small manufacturers to comply with the ‘‘representative of commercial fuels and In general, we do not expect that Tier 2 standard of 0.8 g/km HC+NOX. engine lubricants which will be manufacturers will need to use these The California Air Resources Board generally available through retail hardship provisions. However, having found that the Tier 2 standard outlets.’’ During the last twenty years of such provisions available gives us the represents a significant technological regulation of motorcycle emissions, the flexibility to administratively deal with challenge and is a potentially infeasible fuel specifications for motorcycle testing unexpected situations that may arise as limit for these small manufacturers. As noted above, many of these have been essentially identical to those companies work toward compliance manufacturers market specialty for automotive testing. However, on with the regulations. Thus, we are products with a ‘‘retro’’ simplicity and February 10, 2000, EPA published a adopting these hardship provisions as style that may not easily lend itself to final rule entitled ‘‘Tier 2 Motor Vehicle proposed. Emissions Standards and Gasoline the addition of advanced technologies Sulfur Control Requirements’’ (65 FR F. Special Compliance Provisions for like catalysts and electronic fuel 6697, Feb. 10, 2000). In addition to Small Manufacturers injection. However, the California ARB has acknowledged that, in the course of finalizing a single set of emission While the highway motorcycle market their progress review planned for 2006, standards that will apply to all is dominated by large companies, there they will revisit their small- passenger cars, light trucks, and larger are a large number of small businesses manufacturer provisions. We plan to passenger vehicles (e.g., large SUVs), the manufacturing motorcycles and participate with the ARB and others in rule requires the introduction of low- motorcycle engines. They are active in the 2006 progress review. Following our sulfur gasoline nationwide. To provide both the federal and California markets. review of these provisions, as consistency with the fuels that will be California has been much more active appropriate, we may decide to propose in the marketplace, the rule amended than EPA in setting new requirements to make changes to the emission the test fuel specifications, effective for highway motorcycles, and indeed, standards and related requirements starting in 2004 when the new standards the California requirements have driven through notice and comment will take effect. The principal change the technology demands and timing for rulemaking, including the applicability that was made was a reduction in the highway motorcycle emission controls. of Tier 2 to small businesses. allowable levels of sulfur in the test We have developed our special fuel, from a maximum of 0.10 percent compliance provisions partly in 2. Broader Engine Families by weight to a range of 0.0015 to 0.008 response to the technology, timing, and percent by weight. Small businesses have met EPA scope of the requirements that apply to certification requirements since 1978. Given that low-sulfur fuel will be the the small businesses in California’s existing fuel in the marketplace when Nonetheless, certifying motorcycles to program. The provisions discussed revised emission standards has cost and our program will take effect (and below will reduce the economic burden therefore required for service lead time implications. Relaxing the on small businesses, allowing criteria for what constitutes an engine or accumulation), we are amending the harmonization with California motorcycle test fuel to reflect the true vehicle family could potentially allow requirements in a phased, but timely small businesses to put all of their nature of the fuels that will be available manner. in the marketplace. Doing so will models into one vehicle or engine The flexibilities described below will remove the possibility that a test could family (or more) for certification be available for small entities with U.S. be conducted with an unrealistically purposes. Manufacturers would then highway motorcycle annual sales of high level of sulfur in the fuel. It will certify their engines using the ‘‘worst fewer than 3,000 units per model year also ensure that motorcycles are tested case’’ configuration within the family. (combined Class I, II, and III using the same fuels found in the This is currently allowed under the motorcycles) and fewer than 500 marketplace. existing regulations for small-volume employees worldwide. These provisions highway motorcycle manufacturers. E. Hardship Provisions are appropriate because significant These provisions remain in place We proposed two types of hardship research and development resources without revision. may be necessary to meet the emission provisions, one of which was intended 3. Averaging, Banking, and Trading specifically for small businesses and the standards and related requirements. other intended for all manufacturers. These provisions will reduce the burden An emission-credit program allows a The first type of hardship provision while ensuring the vast majority of the manufacturer to produce and sell allows a small volume motorcycle program is implemented to ensure engines and vehicles that exceed the manufacturer to petition for up to three timely emission reductions. Many small applicable emission standards, as long years additional lead time if the highway motorcycle manufacturers as the excess emissions are offset by the market unique ‘‘classic’’ and ‘‘custom’’ production of engines and vehicles 38 Loaded vehicle mass, as defined in 40 CFR motorcycles, often with a ‘‘retro’’ emitting at levels below the standards. 86.402–78. appearance, that tends to make the The sales-weighted average of a

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manufacturer’s total production for a continue to meet the requirements of the engines, certain aspects of the current given model year must meet the regulations, as they have in the past. custom-built motorcycle market make it standards. An emission-credit program However, for those individuals who appropriate to add a new provision typically also allows a manufacturer to put together a single motorcycle for applicable only to such motorcycles. In bank credits for use in future model individual use and businesses that particular, because these motorcycles years. The emission-credit program we produce a handful of custom are often sold to collectors, the current are implementing for all highway motorcycles for display, we believe it is exemption, which does not apply to motorcycle manufacturers is described appropriate not to require these entities engines that are sold, would not be above. Some credit programs allow to have to certify their assembled applicable. Therefore, we are adding a manufacturers to buy and sell credits vehicles. Therefore, we are limited exemption for custom promulgating provisions for two special (trade) between and among themselves. manufacturers to sell a small number of exemptions. The first is a one-time We are not implementing such a these engines every year, with the provision at this time, but such exemption for any person building a conditions discussed below. It is our flexibility could be made available to motorcycle from a kit for individual use. understanding that these motorcycles manufacturers as part of the upcoming We believe that the small benefit of technology review. having single individuals certify to the are rarely operated on public streets. standards is outweighed by the Therefore, as a condition of this 4. Reduced Certification Data Submittal substantial burden to these individuals exemption, these motorcycles would be and Testing Requirements in certifying. Moreover, because the allowed to operate on public streets or Current regulations allow significant engines in such kits generally are built highways only as necessary to the flexibility for certification by by the same companies as those engines display purpose, such as traveling to manufacturers projecting sales below going to the small volume motorcycle and from motorcycle shows. No request 10,000 units of combined Class I, II, and manufacturers, who still must certify for the exemption is necessary for III motorcycles. For example, a and who will represent the majority of motorcycles that will not be sold or qualifying manufacturer must submit an the engine-makers’ production, we leased. However, manufacturers application for certification with a believe that most of the engines will be planning to sell motorcycles for display statement that their vehicles have been the same or very similar to the engines under this exemption will be required to tested and, on the basis of the tests, used in the certified motorcycles. notify EPA of their intent before they conform to the applicable emission Individuals may not use this provision sell any exempted motorcycles. They standards. The manufacturer retains as a regulatory loophole to modify or must also maintain sales records of adequate emission test data, for customize a certified motorcycle in a exempted motorcycles for at least three example, but need not submit it. manner which adversely affects years and make them available to EPA Qualifying manufacturers also need not emissions. This provision is limited to upon request. Sales under this complete the detailed durability testing one motorcycle per individual over the exemption would be limited to less than required in the regulations. We are life of the provision. 25 per year per manufacturer. Every incorporating no changes to these In the case where the owner of the kit motorcycle exempted under this existing provisions. motorcycle is not the assembler of the motorcycle, the limitation of one provision must include a label that G. Exemption for Motorcycle Kits and motorcycle per person applies to the identifies the manufacturer and Custom Motorcycles purchaser of the kit components of the includes the following statement: THIS During the rulemaking we sought motorcycle, who we expect is the end MOTORCYCLE IS EXEMPT FROM EPA comment on the need for emission user of the motorcycle, rather than to EMISSION REQUIREMENTS. ITS USE control requirements for motorcycle the person or persons who actually ON PUBLIC ROADS IS LIMITED engines distinct and separate from the assemble the motorcycle. A kit PURSUANT TO 40 CFR 86.407–78(c). current and future requirements for purchaser may have the kit assembled We will generally allow manufacturers complete motorcycles. We sought by another party and retain the one-time to locate the label where it will not comment in this area because we had exemption for the motorcycle. In order detract from the appearance of the identified a small sector in the to qualify for the exemption under these motorcycle. For example, We could motorcycle market where the engine circumstances, the kit must be allow the label to be located under the manufacturer and chassis manufacturer purchased by the ultimate owner before seat. are not the same entity. This includes assembly begins. Parties or businesses As noted elsewhere, EPA may be two very small parts of the market: one who purchase kit motorcycles for in which motorcycles are assembled by revisiting several issues related to assembly and retail sale are not covered motorcycle standards in the context of individuals from parts and by this exemption. subassemblies procured from The second exemption is a sales- the 2006 technology review and review motorcycle kit marketers or other limited exemption for elaborate custom of a possible World Motorcycle Test separate sources; and another in which motorcycles that are created for display Cycle. One of the issues we may be elaborate custom motorcycles are by collectors. The chassis of these reviewing at that time is whether it is created for display by collectors. At this ‘‘display’’ motorcycles are usually appropriate to regulate motorcycle time, we are not including any unique designs, while the engines are engine manufacturers or motorcycle kit certification requirements for engine either purchased from independent manufacturers under the motorcycle manufacturers. See discussion in engine manufacturers or custom built regulations. If we agree to regulate loose Chapter 1.5 of the Summary and from engine components. Current engine sales at that time, these Analysis of Comments. The small regulations in 40 CFR 85.1707 contain exemption provisions may no longer be volume motorcycle manufacturers who provisions which provide an exemption necessary, since both kit builders and purchase the vast majority of engines applicable for all motor vehicles and custom manufacturers would be able to from other entities for incorporation engines produced solely for display purchase certified engines. Therefore, into the motorcycles will continue to be purposes. While these regulations are we may propose to remove or modify subject to the regulations, and will generally appropriate for display these provisions in the future.

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V. Technological Feasibility of the Manufacturers (ACEM) confirmed that The largest scooter markets today are in Exhaust Emission Standards European manufactures will seek to South Asia and Europe, where millions export to the U.S. the same motorcycles are sold annually. In Taiwan alone A. Class I Motorcycles and Motorcycle under 50cc that they develop for the almost 800,000 motorcycles were sold Engines Under 50cc European market, and that standards in domestically. More than one third of As we have described earlier we are the E.U. are forcing the transition to 2- these were powered by 2-stroke engines. applying the current California standard stroke direct injection and 4-stroke EFI Two- and three-wheelers constitute a for Class I motorcycles to motorcycles technologies in 2002 and 2003.40 ACEM large portion of the transportation sector with displacements of less than 50cc also confirmed the feasibility of meeting in Asia, and in some urban areas these (e.g., many motor scooters). These the new U.S. standard and aligned with vehicles—many of them powered by 2- motorcycles are currently not subject to MIC comments regarding the test cycle stroke engines—can approach 75 regulation by the U.S. EPA or the State and useful life. percent of the vehicle population. of California. They are, however, subject In order to meet more stringent According to a World Bank report, two- to emission standards in Europe and standards being implemented stroke gasoline engine vehicles are much of the rest of the world. worldwide, manufacturers are estimated to account for about 60 Historically these motorcycles have developing and implementing a variety percent of the total vehicle fleet in been powered by 2-stroke engines, but of technology approaches. Honda, South Asia.42 a trend appears to be developing that perhaps the largest seller of scooters in Many nations are now realizing that would result in many of these being the U.S., has entirely eliminated 2- the popularity of these vehicles and the replaced by 4-stroke engines or possibly stroke engines from its scooter product high density of these vehicles in urban by advanced technology 2-stroke lines as of the 2002 model year. They areas are contributing to severe air engines, in some cases with catalysts. continue to offer a 50cc model, but with quality problems. As a consequence, This trend is largely due to emission a 4-stroke engine. Both of Aprilia’s 49cc some of the larger markets for small requirements in the nations where these scooters available in the U.S. have motorcycles in Asia and India are now types of two-wheelers are popular forms incorporated electronic direct injection placing these vehicles under fairly strict of transportation. technology, which, in the case of one regulation. It is clear that actions in It has already been demonstrated that model, enables it to meet the ‘‘Euro-2’’ these nations will move the emission the 4-stroke engine is capable of meeting standards of 1.2 grams per kilometer HC control technology on small the standards. Class I motorcycles above and 0.3 grams per kilometer NOX, motorcycles, including those under 50cc are already meeting these without use of a catalytic converter.41 50cc, in a positive direction. For standards, most of them employing a 4- Piaggio, while currently selling a 49cc example, according to the World Bank stroke engine with minimal additional basic 2-stroke scooter in the U.S., report, as of 2000 catalytic converters emission controls. For example, all 2002 expects to begin production of a direct are installed in all new two-stroke model year Class I motorcycles (10 injection version in 2002, and a 4-stroke engine motorcycles in India, and 2003 engine families) were certified at levels 50cc scooter is also in development. standards in Taiwan will effectively ban ranging from 0.4 to 0.9 grams per Numerous 49cc models marketed by new two-strokes with emission kilometer HC. The 2003 Class I Piaggio in Europe are available either as standards so stringent that only a four- motorcycle models (11 engine families) a 4-stroke or a 2-stroke with a catalyst. stroke engine is capable of meeting were certified at similar levels with the Piaggio, also an engine manufacturer them. exception of two newly introduced and seller, is already offering 50cc 4- Given the emerging international models, each of which is certified at a stroke and 50cc direct injection 2-stroke picture regarding emission standards for level above 3.0 g/km HC. All of these engines that meet the Euro-2 limits to its scooters, we believe that scooter achieve the standards with 4-stroke customers for incorporation into manufacturers will be producing engine designs, and only three scooters. scooters of less than 50cc displacement incorporate additional technology The U.S. represents a very small that meet our standards well in advance (secondary air injection or a catalyst). portion of the market for small of the 2006 model year, the first year we These current engines range from 80 to motorcycles and scooters. There are few, will subject this category of motorcycle 151cc in displacement, which provides if any, manufacturers that develop a to U.S. emission standards. We expect an indication that small 4-stroke scooter small-displacement motorcycle that small entities that import scooters engines are capable of meeting the exclusively for the U.S. market; the into the U.S. from the larger scooter standards. In a test program conducted domestic sales volumes do not appear markets will be able to import by the Japan Automobile Research large enough at this time to support an complying vehicles. We requested Institute, a 49cc 4-stroke achieved investment of this kind. The Italian comment on this assessment in the average HC emissions of 0.71 g/km, a company Piaggio (maker of the Vespa NPRM and received none indicating level that falls well under the 1.0 g/km scooters), for example, sold about as otherwise. standard we are adopting.39 The many scooters worldwide in 2000 There are numerous other factors in technological feasibility of meeting a 1.0 (about 480,000) as the entire volume of the international arena that may affect g/km HC standard was also supported highway motorcycles of all sizes sold in the product offerings in the less than by MIC if EPA made appropriate the U.S. in that year. U.S. sales of 50cc market segment. For example, the revisions to the test cycle and the useful Vespas in 2000 amounted to about 4800. European Union recently changed the life. We evaluated these requirements regarding insurance and recommendations and have adopted 40 ACEM members are: Aprilia, Benelli, BMW, both of them in this final rule. The Derbi, Ducati, Honda, Kawasaki, KTM, Malaguti, 42 Improving Urban Air Quality in South Asia by MV Augusta, Peugeot, Piaggio, Suzuki, Triumph, Reducing Emissions from Two-Stroke Engine Association of European Motorcycle Yamaha. Vehicles. Masami Kojima, Carter Brandon, and 41 Aprila Web site, http://www.apriliausa.com/ Jitendra Shah. December 2000. Prepared for the 39 ‘‘WMTC 2nd step validation test results in ridezone/ing/models/scarabeo50dt/moto.htm and World Bank. Available in the public docket for a Japan,’’ Japan Automobile Research Institute, Nov. http://www.aprilia.com/portale/eng/cafera review (Docket A–2000–01; document II–D–191), or 29, 2001. Available for review in Docket A–2000– articolo.phtm1?id=14. Available for review in on the Internet at: http://www.worldbank.org/html/ 02. public docket A–2000–02. fpd.esmap/publication/airquality.html.

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helmet use for under 50cc scooters and While manufacturers will use various relative to those using only engine mopeds. Previously, the insurance means to meet the Tier 1 standard, there modification techniques. discounts and lack of helmet are four basic types of existing, non- Improving fuel delivery and requirements in Europe provided two catalyst-based, emission-control systems atomization primarily involves the relatively strong incentives to available to manufacturers. The most replacement of carburetors, currently purchasers to consider a 49cc scooter. important of these is the use of used on most motorcycles, with more Recently, however, the provisions were secondary pulse-air injection. Other precise fuel injection systems. There are changed such that helmets are now engine modifications and systems several types of fuel injection systems required and the insurance costs are include more precise fuel control, better and components manufacturers can comparable to larger motorcycles. The fuel atomization and delivery, and choose, including throttle-body result was a drop of about 30 percent in reduced engine-out emission levels from injection systems, multi-point injection European sales of 49cc scooters in 2001 engine changes. The combinations of systems, and sequential multi-point fuel due to customers perceiving little low-emission technologies ultimately injection systems. Unlike conventional benefit from a 49cc scooter relative to a chosen by motorcycle manufacturers are multi-point fuel injection systems that larger displacement engine. dependent on the engine-out emission deliver fuel continuously or to paired levels of the vehicle, the effectiveness of injectors at the same time, sequential B. Class I and Class II Motorcycles the prior emission-control system, and fuel injection can deliver fuel precisely Between 50 and 180cc individual manufacturer preferences. when needed by each cylinder. The most likely type of fuel injection As discussed above, we are adopting Secondary pulse-air injection, as manufacturers will choose to help meet a new exhaust emission standards of 1.0 demonstrated on current motorcycles, is the Tier 1 standard is sequential multi- g/km HC for Class I and Class II applied using a passive system (i.e., no point fuel injection (SFI). motorcycles. The existing CO standard air pump involved) that takes advantage is unchanged. These standards have Motorcycle manufacturers are already of the flow of gases (‘‘pulse’’) in the using sequential fuel injection (SFI). Of been in place in California since 1982. exhaust pipes to draw in fresh air that The question of whether or not these the 162 2003 model year Class III further combusts unburned motorcycle engine families certified to standards are technically feasible has hydrocarbons in the exhaust. The extra been answered in the affirmative, since emission standards, at least 29 employ air causes further combustion to occur, SFI systems.43 We anticipate increased 21 of the 22 EPA-certified 2001 model thereby controlling more of the year motorcycle engine families in these application of this or similar fuel hydrocarbons that escape the injection systems to achieve the more classes are already certified to these combustion chamber. This type of standards, all 24 of the 2002 model year precise fuel delivery needed to help system is relatively inexpensive and meet the Tier 1 and Tier 2 standards. engine families meet these standards, uncomplicated because it does not and 22 of 29 2003 model year engine We analyzed the EPA certification data require an air pump; air is drawn into in the same way as done above with families meet these standards. These 29 the exhaust through a one-way reed model year 2003 engine families are all secondary air injection to estimate the valve due to the pulses of negative effect of using SFI vehicle on emissions. powered by four-stroke engines, with a pressure inside the exhaust pipe. variety of emission controls applied, Again, we identified the baseline of 47 Secondary pulse-air injection is one of engine families using the limited including basic engine modifications on the most effective non-catalytic almost all engine families, secondary air technologies and with an average emission-control technologies; certification level of 1.17 g/km HC, and injection on three engine families, and compared to engines without the catalysts on four engine families. compared the emissions of these system, reductions of 10 to 40 percent engines with the emissions of engines C. Class III Motorcycles for HC are possible with pulse-air using SFI. What we find is that use of injection. Eighty—or about half—of the 1. Tier 1 Standards all types of fuel injection can 162 2003 model year Class III engine significantly reduce emissions. If we In the short term, the Tier 1 standard families certified for sale in the U.S. analyze those engine families that use of 1.4 g/km HC+NOX reflects the goal of employ secondary pulse-air injection to some form of fuel injection other than achieving emission reductions that can help meet the current California SFI we see an average HC certification be met with reasonably available control standards. We anticipate that most of level of 1.09 g/km, a modest reduction technologies, primarily involving engine the remaining engine families will use of about 7 percent. However, the modifications rather than catalytic this technique to help meet the Tier 1 engines using SFI had significantly converters. As noted earlier, this and Tier 2 standards. There are 47 2003 lower HC emissions on average of 0.72 standard will be effective starting with engine families that are certified using the 2006 model year. Based on current only engine management techniques 43 When manufacturers certify to EPA emission certification data, a number of existing (e.g., no use of catalysts, fuel injection, standards, they report the fuel delivery system used engine families already could comply secondary air injection, or oxygen by each certified model as carbureted or fuel injected. They also report the emission control with this standard or will need sensors). The average certification HC technologies used on each model to meet the relatively simple modifications to level of these families is 1.17 g/km. By emission standards. When reporting the fuel comply. In other cases, the comparing this to the certification delivery system, they only indicate whether the system is carbureted or fuel injected, but not the manufacturers will need to use control results of engine families that employ specific type of fuel injection that is installed. technologies that are available but are secondary air injection as the only When reporting the control technologies 29 models not yet used on their particular cycles means of emission control beyond indicated the use of sequential fuel injection. (e.g., electronic fuel injection to replace engine modifications, we can gain some However, there may be some inconsistencies in how these technologies are reported, and we believe carburetors, changes to cam lobes/ measure of the effectiveness of that there may be models that employ sequential timing, etc.). For the most part, secondary air injection. We find that the fuel injection that are shown in our database as manufacturers will not need to use currently certified 2003 models which being fuel injected, but the manufacturer may not advanced technologies such as close- employ secondary air injection have an have also specifically listed sequential fuel injection as a control technology on the motorcycle coupled, closed-loop three-way average certification level of 0.91 g/km, model. This is why we say ‘‘at least’’ 29 models are catalysts. a reduction of 0.26 g/km (or 22%) currently using sequential fuel injection.

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g/km, a reduction of almost 40 percent. combustion chamber by essentially additional models currently in the While this provides some indication of providing passive exhaust gas market may also meet the Tier 2 what can be achieved with fuel injection recirculation (EGR). When the engine is standards, depending on NOX levels, techniques (including SFI), it does not undergoing its pumping cycle, small using combinations of catalysts, fuel necessarily demonstrate the full amounts of combusted gases flow past injection, secondary air injection, and potential of this technology. At this the intake valve at the start of the intake other engine modifications. The current point in time it appears that SFI can get cycle. This creates what is essentially a average HC certification level for Class motorcycle certification levels down to passive EGR flow, which is then either III motorcycles is 0.93 g/km, with about about 0.4–0.6 g/km HC (certification at drawn back into the cylinder or into forty engine families from a variety of levels in this range can be seen in another cylinder through the intake manufacturers at levels of 0.5 g/km or several current motorcycles that employ manifold during the intake stroke. These lower. We expect that the provided six no other emission controls), but in the combusted gases, when combined with to seven years of lead time prior to context of more stringent standards the the fresh air/fuel mixture in the meeting these standards on a manufacturers are likely to be able to cylinder, help reduce peak combustion nationwide basis will allow accomplish even more with SFI, and temperatures and NOX levels. This manufacturers to optimize these and further reductions by teaming SFI with technique can be implemented by other technologies to meet the Tier 2 additional emission reduction making changes to cam timing and standard. techniques. intake manifold design to optimize NOX To meet the Tier 2 standard for In addition to the techniques reduction while minimizing impacts to HC+NOX, manufacturers will likely use mentioned above, various engine HC emissions. more advanced engine modifications modifications can be made to improve Secondary pulse-air injection and and secondary air injection. emission levels. Engine modifications engine modifications already play an Specifically, we believe manufacturers include a variety of techniques designed important part in reducing emission will use computer-controlled secondary to improve fuel delivery or atomization; levels, and we expect increased uses of pulse-air injection (i.e., the injection promote ‘‘swirl’’ (horizontal currents) these techniques to help meet the Tier valve would be connected to a and ‘‘tumble’’ (vertical currents); 1 standard. Direct evidence of the extent computer-controlled solenoid). In maintain tight control on air-to-fuel (A/ to which these technologies can help addition to these systems, F) ratios; stabilize combustion manufacturers meet the Tier 1 standard manufacturers will probably need to use (especially in lean A/F mixtures); can be found in EPA’s highway catalytic converters on some optimize valve timing; and retard motorcycle certification database. This motorcycles to meet the Tier 2 ignition timing. Emission performance database is comprised of publicly- standards. There are two types of can be improved, for example, by available certification emission levels as catalytic converters currently in use: reducing crevice volumes in the well as some confidential data reported two-way catalysts (which control only combustion chamber. Unburned fuel by the manufacturers pursuant to HC and CO) and three-way catalysts can be trapped momentarily in crevice existing motorcycle emission (which control HC, CO, and NO ). volumes before being subsequently certification requirements. X Under the Tier 2 standard, released. Since trapped and re-released We do not expect any of these manufacturers will need to minimize fuel can increase engine-out emissions, possible changes to adversely affect levels of both HC and NO . Therefore, the elimination of crevice volumes performance. Indeed, the transition to X would be beneficial to emission some of these technologies (e.g., to the extent catalysts are used, performance. To reduce crevice advanced fuel injection) is expected to manufacturers will likely use a three- volumes, manufacturers can evaluate improve performance, fuel economy, way catalyst in addition to engine the feasibility of designing engines with and reliability. modifications and computer-controlled secondary pulse-air injection. pistons that have reduced, top ‘‘land 2. Tier 2 Standards heights’’ (the distance between the top As discussed previously, improving of the piston and the first ring). In the long term, the Tier 2 HC+NOX fuel control and delivery provides Lubrication oil which leaks into the standard of 0.8 g/km will ensure that emission benefits by helping to reduce combustion chamber also has a manufacturers will continue to develop engine-out emissions and minimizing detrimental effect on emission and improve emission control the exhaust variability which the performance since the heavier technologies. The Tier 2 standard will catalytic converter experiences. One hydrocarbons in oil do not oxidize as become effective in the 2010 model method for improving fuel control is to readily as those in gasoline and some year. We believe this standard is provide enhanced feedback to the components in lubricating oil may tend technologically feasible, though it will computer-controlled fuel injection to foul a catalyst and reduce its present some technical challenges for system through the use of heated oxygen effectiveness. Also, oil in the manufacturers. Several manufacturers sensors. Heated oxygen sensors (HO2S) combustion chamber may trap HC and are, however, already using some of the are located in the exhaust manifold to later release the HC unburned. To technologies that will be needed to meet monitor the amount of oxygen in the reduce oil consumption, manufacturers this standard. In addition, our exhaust stream and provide feedback to can tighten the tolerances and improve implementation time frame gives the electronic control module (ECM). the surface finish on cylinders and manufacturers two years of experience These sensors allow the fuel control pistons, piston ring design and in meeting this standard in California system to maintain a tighter band materials, and exhaust valve stem seals before having to meet it on a nationwide around the stoichiometric A/F ratio than to prevent excessive leakage of basis. Several manufacturers already use conventional oxygen sensors (O2S). In lubricating oil into the combustion closed-loop, three-way catalysts on a this way, HO2S assist vehicles in chamber. number of their product lines. At least achieving precise control of the A/F Increasing valve overlap is another one manufacturer has already certified ratio and thereby enhance the overall engine modification that can help several models to the Tier 2 standards emissions performance of the engine. At reduce emissions. This technique helps levels, and at least one of these models least one manufacturer is currently reduce NOX generation in the is being sold nationwide. A number of using this technology on several 2003 as

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well as previous model year engine conditions (e.g., rapidly changing detrimentally affecting catalyst light-off) families. throttle positions). or sacrificing durability and In order to further improve fuel Accurate fuel control during transient performance. control, some motorcycles with driving conditions has traditionally In addition to increasing catalyst electronic controls may utilize software been difficult because of the volume and cell density, we believe that algorithms to perform individual inaccuracies in predicting the air and increased catalyst loading and improved cylinder fuel control. While dual oxygen fuel flow under rapidly changing catalyst washcoats will help sensor systems are capable of throttle conditions. Because of air and manufacturers meet the Tier 2 maintaining A/F ratios within a narrow fuel dynamics (fuel evaporation in the standards. In general, increased range, some manufacturers may desire intake manifold and air flow behavior) precious metal loading (to a point) will even more precise control to meet their and the time delay between the air flow reduce exhaust emissions because it performance needs. On typical measurement and the injection of the increases the opportunities for applications, fuel control is modified calculated fuel mass, temporarily lean pollutants to be converted to harmless whenever the O2S determines that the A/F ratios can occur during transient constituents. The extent to which combined A/F of all cylinders in the driving conditions that can cause engine precious metal loading is increased will engine or engine bank is ‘‘too far’’ from hesitation, poor driveability and be dependent on the precious metals stoichiometric. The needed fuel primarily an increase in NOX emissions. used and other catalyst design modifications (i.e., inject more or less However, by utilizing fuel and air mass parameters. We believe recent fuel) are then applied to all cylinders modeling, vehicles with adaptive developments in palladium/rhodium simultaneously. Although this fuel transient fuel control are more capable catalysts are very promising since control method will maintain the of maintaining accurate, precise fuel rhodium is very efficient at converting ‘‘bulk’’ A/F for the entire engine or control under all operating conditions. NOX, and catalyst suppliers have been engine bank around stoichiometric, it Virtually all cycles will incorporate investigating methods to increase the would not be capable of correcting for adaptive transient fuel control software; amount of rhodium in catalysts for individual cylinder A/F deviations that motorcycles with computer controlled improved NOX conversion. Double layer technologies allow can result from differences in fuel injection can also benefit from this optimization of each individual manufacturing tolerances, wear of technique at a relatively low cost. Three-way catalytic converters precious metal used in the washcoat. injectors, or other factors. traditionally utilize rhodium and This technology can provide reduction With individual cylinder fuel control, platinum as the catalytic material to of undesired metal-metal or metal-base A/F variation among cylinders will be control the emissions of all three major oxide interactions while allowing diminished, thereby further improving pollutants (hydrocarbons (HC), CO, desirable interactions. Industry studies the effectiveness of the emission NOX). Although this type of catalyst is have shown that durability and controls. By modeling the behavior of very effective at converting exhaust pollutant conversion efficiencies are the exhaust gases in the exhaust pollutants, rhodium, which is primarily enhanced with double layer washcoats. manifold and using software algorithms used to convert NOX, tends to thermally These recent improvements in catalysts to predict individual cylinder A/F, a deteriorate at temperatures significantly can help manufacturers meet the Tier 2 feedback fuel control system for lower than platinum. Recent advances standard at reduced cost relative to individual cylinders can be developed. in palladium and tri-metal (i.e., older three-way catalysts. Except for the replacement of the palladium-platinum-rhodium) catalyst New washcoat formulations are now conventional front O2S with an HO2S technology, however, have improved thermally stable up to 1050 °C. This is sensor and a more powerful engine both the light-off performance (light-off a significant improvement from control computer, no additional is defined as the catalyst bed conventional washcoats, which are hardware is needed in order to achieve temperature where pollutant conversion stable only up to about 900 oC. With the individual cylinder fuel control. reaches 50-percent efficiency) and high improvements in light-off capability, Software changes and the use of temperature durability over previous catalysts may not need to be placed as mathematical models of exhaust gas catalysts. In addition, other refinements close to the engine as previously mixing behavior are required to perform to catalyst technology, such as higher thought. However, if placement closer to this operation. cell density substrates and adding a the engine is required for better In order to maintain good driveability, second layer of catalyst washcoat to the emission performance, improved responsive performance, and optimum substrate (dual-layered washcoats), have catalysts based on the enhancements emission control, fluctuations of the A/ further improved catalyst performance described above would be more capable F must remain small under all driving from just a few years ago. of surviving the higher temperature conditions including transient Typical cell densities for conventional environment without deteriorating. The operation. Virtually all current fuel catalysts used in motorcycles are less improved resistance to thermal systems in automobiles incorporate an than 300 cells per square inch (cpsi). To degradation will allow closer placement adaptive fuel control system that meet the Tier 2 standard, we expect to the engines where feasible, thereby automatically adjusts the system for manufacturers to use catalysts with cell providing more heat to the catalyst and component wear, varying environmental densities of 300 to 400 cpsi. If catalyst allowing them to become effective conditions, varying fuel composition, volume is maintained at the same level quickly. etc., to more closely maintain proper (we assume volumes of up to 60 percent It is well established that a warmed- fuel control under various operating of engine displacement), using a higher up catalyst is very effective at conditions. For some current fuel density catalyst effectively increases the converting exhaust pollutants. Recent control systems, this adaptation process amount of surface area available for tests on advanced catalyst systems in affects only steady-state operating reacting with pollutants. Catalyst automobiles have shown that over 90 conditions (i.e., constant or slowly manufacturers have been able to percent of emissions during the Federal changing throttle conditions). However, increase cell density by using thinner Test Procedure (FTP) are now emitted most vehicles are now being introduced walls between each cell without during the first two minutes of testing with adaptation during ‘‘transient’’ increasing thermal mass (and after engine start up. Similarly, the

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highest emissions from a motorcycle cold idling speed, and leaner air-fuel expanded our assessment of the occur shortly after start up. Although mixtures to quickly provide heat to a potential risks of using catalytic improvements in catalyst technology catalyst after cold-starts. Only software converters as an emission control device have helped reduce catalyst light-off modifications are required for an engine on motorcycles. Our complete analysis, times, there are several methods to which already uses a computer to described in the Summary and Analysis provide additional heat to the catalyst. control the fuel delivery and other of Comments, involved the following: Retarding the ignition spark timing and engine systems. For these engines, • An improved assessment of the computer-controlled, secondary air calibration modifications provide current use of catalytic converters on injection have been shown to increase manufacturers with an inexpensive motorcycles, both in the U.S. and the heat provided to the catalyst, method to quickly achieve light-off of worldwide; thereby improving its cold-start catalytic converters. When combined • Feedback from the motorcycle effectiveness. with pre-catalysts, computer-controlled manufacturers regarding this issue; In addition to using computer- secondary air injection, and the other • An analysis of exhaust- and controlled secondary air injection and heat conservation techniques described retarded spark timing to increase the catalyst-based complaints filed by above, engine calibration techniques consumers with the National Highway heat provided to the catalyst, some may be very effective at providing the vehicles may employ warm-up, pre- Traffic Safety Administration’s Office of required heat to the catalyst for Defects Investigation, including catalysts to reduce the size of their main achieving the Tier 2 standard. catalytic converters. Palladium-only feedback from manufacturers on the warm-up catalysts (also known as ‘‘pipe D. Safety and Performance Impacts nature of these complaints; and • catalysts’’ or ‘‘Hot Tubes’’) using We noted in the NPRM that the nature An assessment of the technological ceramic or metallic substrates may be of motorcycling makes riders approaches to isolating the rider and/or added to further decrease warm-up particularly aware of any safety issues passenger from the heat of a catalytic times and improve emission that confront them. Many motorcycle converter. performance. Although metallic riders and their organizations submitted We found that in the last five years at substrates are usually more expensive comments on the NPRM regarding their least 16 manufacturers have certified than ceramic substrates, some concerns that the proposed standards dozens of models equipped with manufacturers and suppliers believe would adversely affect both catalytic converters. In the last two metallic substrates may require less performance and safety. These issues years sales of catalyst-equipped models precious metal loading than ceramic are discussed in detail in the Summary in each year have approached twenty substrates due to the reduced light-off and Analysis of Comments; the percent of all motorcycles sold in the times they provide. remainder of this section summarizes U.S., and we conservatively estimate Improving insulation of the exhaust our key findings regarding these issues. that there are at least 150,000 catalyst- system is another method of furnishing Motorcycle riders are inherently equipped motorcycles of all sizes and heat to the catalyst. Similar to close- closer to the engine and exhaust pipes styles on the roads in the U.S. today. coupled catalysts, the principle behind than the driver of an enclosed vehicle, Given that the total annual mileage insulating the exhaust system is to and the engine components tend to be accumulated on these motorcycles in conserve the heat generated in the more exposed and accessible as well. the U.S. likely exceeds 300 million engine for aiding catalyst warm-up. Because of this fact, we received many miles, the rider experience with the Through the use of laminated thin-wall comments regarding the potential safety emission control devices is not trivial. exhaust pipes, less heat will be lost in risk of catalytic converters, and many Given this experience, we believe that the exhaust system, enabling quicker questioned whether this emission there has been ample opportunity to catalyst light-off. As an added benefit, control device could be implemented on assess the issue of catalyst safety, not the use of insulated exhaust pipes will motorcycles without increasing the risk just on a hypothetical basis but on the also reduce exhaust noise. Increasing of injury to the rider and/or passenger. basis of actual manufacturing and on- numbers of manufacturers are expected An economic impact study submitted by road riding experience. Any serious to utilize air-gap exhaust manifolds (i.e., the Motorcycle Riders Foundation concerns would be likely to be brought manifolds with metal inner and outer claimed that ‘‘EPA ignores the issue of to the attention of manufacturers and/or walls and an insulating layer of air rider safety,’’ apparently basing this the National Highway Traffic Safety sandwiched between them) for further claim on a word search of the Administration (NHTSA). Our analysis heat conservation. rulemaking documents for the terms of the NHTSA database on consumer Besides the hardware modifications ‘‘rider safety’’ and ‘‘consumer safety.’’ In complaints revealed a small number described above, motorcycle fact, the NPRM contained several related to the exhaust pipe, and only manufacturers may borrow from other paragraphs regarding the issue of safety seven related to heat from the exhaust current automobile techniques. These as it relates to the use of catalytic pipe. (In 1998 there were an estimated include using engine calibration converters on motorcycles. 5.4 million on-highway motorcycles in changes such as a brief period of Because of the serious nature of the use in the United States.) These seven substantial ignition retard, increased concerns expressed by riders we complaints are detailed in Table V.D–1.

TABLE V.D–1.—NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, OFFICE OF DEFECTS INVESTIGATION; DATABASE OF CONSUMER COMPLAINTS: COMPLAINTS REGARDING EXCESS HEAT FROM EXHAUST PIPES

No. Complaint

1 ...... Passenger on motorcycle received burns on leg from hot mufflers. 2 ...... Muffler not designed with heat shield, causing burn injury to driver when motorcycle turned over. 3 ...... Exhaust manifold reaches temperatures so high that it has an orange glow. Manufacturer knows of problem, and there isn’t a solution. Consumer will add additional information.

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TABLE V.D–1.—NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, OFFICE OF DEFECTS INVESTIGATION; DATABASE OF CONSUMER COMPLAINTS: COMPLAINTS REGARDING EXCESS HEAT FROM EXHAUST PIPES—Continued

No. Complaint

4 ...... Consumer states that when at a stop the exhaust pipe will glow red and this can cause injuries to the consumer. Deal- er notified. 5 ...... Exhaust system cross over pipe is located too close to seat, causing driver to be burned while driving, even if properly dressed. 6 ...... Consumer states exhaust pipes are positioned below foot pegs so that when you come to a stop and put feet down, it’s very likely that pant leg will at least brush up against pipe. Consumer has ruined clothes because of this. Manu- facturer does not feel this is a problem, they suggested to consumer that he buy after market exhaust guards, which are expensive. 7 ...... Exhaust pipes are positioned below foot pegs so that when you come to a stop and put your foot down you will brush up against hot pipe. Source: National Highway Traffic Safety Administration, Office of Defects Investigation. Consumer Complaints Database. See http://www- odi.nhtsa.dot.gov/cars/problems/complain/.

Two of the seven (Nos. 1 and 2 in the the significant lead time provided for decreases in weight. Consider the table above) were clearly regarding the Tier 2 standard, leads us to conclude redesigned 2003 Yamaha YZF–R6, a motorcycles without catalysts, and of that catalysts can be safely integrated 600cc high performance motorcycle in the remaining five only two were into both current and future motorcycle the highly competitive middleweight regarding models that clearly did have designs. super sport/racing category. Relative to catalysts (Nos. 6 and 7). We are unable Every motorcycle manufacturer who the 2002 model, the 2003 YZF–R6 is to determine whether complaints either testified at the public hearing or eight pounds lighter, several numbered 3–5 involve motorcycles with provided written comments on the horsepower stronger, is being very well- catalysts; although the manufacturer has proposed rule has unequivocally stated reviewed in the press, and has about been using catalysts for a number of that they can build motorcycles that will half the emissions of the 2002 model years, sales of these motorcycles have meet the standards with no negative (0.6 g/km HC in 2003 versus 1.1 g/km been limited to California to date. The impact on safety or performance relative HC in 2002). It’s also being sold at the complaints shown in the table to motorcycles manufactured today. same price as the 2002 model. Emission- originated from Ohio, New York, and Finally, MECA addressed this issue at related improvements for 2003 include Arizona. The manufacturers of the the public hearing by noting that the addition of fuel injection and a motorcycles reflected in these five catalyst technology has been applied to catalytic converter. Even with the complaints unanimously stated their over 15 million two- and three-wheelers addition of a catalytic converter, the use belief that these are isolated cases, that worldwide. There is no indication from of advanced materials enables the they have no record of consumer any nation worldwide—some of which exhaust system of the 2003 model to be complaints indicating that widespread are far more dependent on motorcycles more than two pounds lighter than the problems exist, and that they make as daily transportation than we are in 2002 model. We recognize that these are every effort to protect the rider from the U.S.—that the use of catalysts on examples and do not address all injury or harm. motorcycles presents a significant risk combinations of technology and all sizes and styles of motorcycles, but they are We are confident that manufacturers to the rider. clear demonstrations of what is can design and produce motorcycles We do not expect any of these achievable with the technology and that respond to these safety concerns, possible technology changes to materials available today. and information submitted by the adversely affect performance. Indeed, Finally, motorcycle manufacturers manufacturers supports our assessment the transition to some of these have a tremendous amount at stake with that catalytic converters can be safely technologies (e.g., advanced fuel respect to the issues of performance and integrated into motorcycle designs. injection) would be expected to improve safety, as well as the greatest amount of There are a number of approaches that performance, fuel economy, and experience and technological expertise. manufacturers are using today to protect reliability. In the last ten years, and They have every reason to balk at new the rider from excessive heat. Some especially within the last few years, emission standards if they believe that motorcycle designs permit the catalyst there has been an increasing use of the catalytic converters will raise in-use to be placed on the underside of the technologies that we expect will be used safety concerns and cause rider injuries motorcycle where it is unable to contact to meet the new standards (i.e., and deaths as some have alleged. the rider. Other manufacturers will use secondary air injection, sequential fuel However, the manufacturers have not a double-pipe exhaust system to reduce injection, and catalytic converters). raised concerns. In fact, more than a heat loss, allowing the exhaust gases to There is no evidence to suggest that dozen manufacturers from Indian to remain hot before reaching the catalyst motorcycle performance has declined Honda and Harley-Davidson have while maintaining lower exterior during that period, and every reason to unequivocally stated in the public temperatures. Some manufacturers are believe that manufacturers have been record—directly or through their placing the catalyst inside the muffler or able to continue to develop products industry association—that motorcycles close to the manifold in areas where it that make continual improvements in produced under the new standards will is unlikely to be contacted by the rider performance. There are too many be as safe and have the same or better or passenger. Footrests can be shielded examples to repeat here that performance as motorcycles today. and pipes can be insulated to reduce the demonstrate that emission controls can exterior transmission of heat. The fact be incorporated into motorcycles E. Non-Conformance Penalties that these approaches are already being concurrent with increases in Clean Air Act section 206(g) (42 successfully employed, combined with performance and handling, as well as U.S.C. 7525(g)), allows us to issue a

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certificate of conformity for heavy-duty to the Tier 1 standards. Thus, we are not several special compliance provisions to engines or for highway motorcycles that at this time planning to offer NCPs for reduce the burden of permeation exceed an applicable section 202(a) the Tier 1 standards. Furthermore, it is emission regulations on small emissions standard, but do not exceed too early to determine whether the businesses. These special provisions are an upper limit associated with that criteria will be satisfied with regards to the same as for the exhaust emission standard, if the manufacturer pays a the Tier 2 standards. Thus, we are also standards, as applicable. nonconformance penalty (NCP) not offering NCPs at this time for the established by rulemaking. Congress Tier 2 standards. However, we will B. Permeation Emission Standards adopted section 206(g) in the Clean Air monitor the manufacturers’ efforts to 1. What Are the Emission Standards and Act Amendments of 1977 as a response comply with the Tier 2 standards and Compliance Dates? to perceived problems with technology- will consider proposing NCPs for the forcing heavy-duty engine emissions standards in the future if we believe We are finalizing new standards that standards. If strict standards were conditions warrant them. will require an 85-percent reduction in maintained, then some manufacturers, plastic fuel tank permeation and a 95- VI. Permeation Emission Control ‘‘technological laggards,’’ might be percent reduction in fuel system hose unable to comply initially and would be A. Overview permeation from new motorcycles beginning in 2008. These standards and forced out of the marketplace. NCPs In the proposal we specified only were intended to remedy this potential their implementation dates are exhaust emission controls for presented in Table VI.B–1. Section VI.C problem. The laggards would have a motorcycles. However, we provided a temporary alternative that would permit presents the test procedures associated detailed discussion of permeation with these standards. Test temperatures them to sell their engines or vehicles by emissions from motorcycles and are presented in Table VI.B–1 because payment of a penalty. Through technological strategies for reducing they represent an important parameter regulation, we established three criteria such emissions. We requested comment in defining the emission levels. for determining the eligibility of on whether we should finalize emission standards for NCPs in any standards that would require low The permeation standards are based given model year. First, the emission permeation fuel tanks and hoses and on on the inside surface areas of the hoses standard in question must become more the possible forms that regulations on and fuel tanks. We sought comment on difficult to meet, either by becoming permeation emissions from motorcycles whether the potential permeation more stringent itself or by its interaction could take. In a supplemental Federal standards for fuel tanks should be with another emission standard that has Register notice (67 FR 66097, October expressed as grams per gallon of fuel become more stringent. Second, 30, 2002), we stated that if we were to tank capacity per day or as grams per substantial work must be required to finalize permeation requirements for square meter of inside surface area per meet the emission standard. We motorcycles, that it was highly likely day. Although volume is generally used consider ‘‘substantial work’’ to mean the that they would be modeled after those to characterize fuel tanks, we base the application of technology not previously in the recreational vehicle regulations standard on inside surface area because used in that vehicle or engine class/ which had been recently finalized. permeation is a function of surface area. subclass, or a significant modification of Motorcycle manufacturers initially In addition, the surface to volume ratio existing technology, to bring that expressed concern about the feasibility of a fuel tank changes with capacity and vehicle/engine into compliance. We do of the proposed standards. However, geometry of the tank. Two similar not consider minor modifications or through discussions between EPA and shaped tanks of different volumes or calibration changes to be classified as industry, manufacturers’ concerns about two different shaped tanks of the same substantial work. Third, it must be the feasibility of permeation standards volume could have different g/gallon/ likely that a company will become a were largely resolved. day permeation rates even if they were technological laggard. A technological We are adopting performance made of the same material and used the laggard is defined as a manufacturer standards intended to reduce same emission-control technology. who cannot meet a particular emission permeation emissions from motorcycles. Therefore, we believe that using a standard due to technological (not The standards, which apply to new g/m2/day form of the standard more economic) difficulties and who, in the motorcycles starting in 2008, are accurately represents the emissions absence of NCPs penalties, might be nominally based on manufacturers characteristics of a fuel tank and forced from the marketplace. reducing these permeation emissions minimizes complexity. This is We do not believe that the three from new motorcycles by approximately consistent with the permeation criteria could be satisfied with respect 90 percent overall. We are also adopting standards for recreational vehicles.

TABLE VI.B–1.—PERMEATION STANDARDS FOR MOTORCYCLES

Implementation Test Emission component date Standard temperature

Fuel Tank Permeation ...... 2008 1.5 g/m2/day ...... 28°C (82°F) Hose Permeation ...... 2008 15 g/m2/day ...... 23°C (73°F)

These standards are revised compared information that suggests that a tank focused on achieving reductions of 95 to the values we sought comment on in permeation standard representing an 85 percent in production tanks. With the notice. This revision is intended to rather than a 95-percent reduction is regard to the permeation standard for accommodate emissions test variability appropriate to accommodate these hoses, we have adjusted the standard and in-use deterioration associated with factors. Nonetheless, we continue to slightly to give the manufacturers more low permeation technology. Since the believe that manufacturers will target freedom in selecting their hose material notice, we have received test control technologies and strategies and to accommodate the fact that we

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selected a certification test fuel based on be used to achieve even larger emission For hoses, we do not believe that ABT a 10-percent ethanol blend, which reductions or perhaps to achieve the provisions would result in a significant would be prone to greater permeation same reduction at lower costs or to technological or cost benefit to than neat gasoline. The final standards achieve some reductions early. manufacturers. We believe that all fuel are consistent with the recreational For purposes of ABT we will not hoses can meet the permeation vehicle standards that were finalized consider metal tanks as part of any sort standards using straightforward after the motorcycle NPRM. of credit program. In other words, metal technology as discussed in Section VI.E. Cost-effective technologies exist to fuel tanks will not be able to generate From EPA’s perspective, including an significantly reduce permeation permeation credits. We do not want to ABT program in the rule creates a long- emissions. Because essentially all of the provide an opportunity for ‘‘windfall’’ term administrative burden that is not plastic fuel tanks are made from high credits for metal fuel tanks because this worth taking on since it does not density polyethylene (HDPE), would undermine the value of the provide the industry with useful manufacturers would be able to choose standard. The standard is based on flexibility. from several technologies for providing feasible technology for plastic fuel a permeation barrier in HDPE tanks. The tanks. If averaging were allowed 3. How Do I Certify My Products? use of metal fuel tanks would also meet between plastic and metal fuel tanks We are finalizing a certification the standards, because fuel does not (which are used on most motorcycles), process similar to our existing program permeate through metal. The hose the standard would have to be adjusted for other mobile sources. Manufacturers permeation standard can be met using accordingly. test representative prototype designs barrier hose technology or through using If a manufacturer were to certify the and submit the emission data along with low permeation automotive-type tubing. majority of their fuel tanks to a level other information to EPA in an These technologies are discussed in below the permeation standard, they application for a Certificate of Section VI.E. The implementation date would have the option of leaving a Conformity. As discussed in Section gives manufacturers four years to small number of their fuel tanks VI.C.3, we will allow manufacturers to comply. This will allow manufacturers uncontrolled. In this case, certify based on either design (for which time to implement controls in their manufacturers would have the option of there is already data) or by conducting tanks and hoses in an orderly business either testing the uncontrolled fuel its own emissions testing. If we approve manner. tanks or using an assigned family the application, then the manufacturer’s emission level of 12 g/m2/day. Certificate of Conformity allows the 2. Will I Be Able To Average, Bank, or Any manufacturer could choose to manufacturer to produce and sell the Trade Emissions Credits? certify each of its evaporative emission vehicles described in the application in Averaging, banking, and trading control families at levels which would the U.S. (ABT) refers to the generation and use meet the standard. Some manufacturers Manufacturers certify their fuel of emission credits based on certified may choose this approach as they could systems by grouping them into emission emission levels relative to the standard. see it as less complicated to implement. families that have similar emission The general ABT concept is discussed We are also finalizing a voluntary characteristics. The emission family in detail in Section IV.C. In many cases, program intended to give an definition is fundamental to the an ABT program can improve opportunity for manufacturers to prove certification process and to a large technological feasibility, provide out technologies earlier than 2008. degree determines the amount of testing manufacturers with additional product Manufacturers will be able to use required for certification. The planning flexibility, and reduce costs permeation control strategies early, and regulations include specific 2 which allows us to consider emission even if they do not meet the 1.5 g/m / characteristics for grouping emission standards with the most appropriate day standard, they can earn credit families for each category of tanks and level of stringency and lead time, as through partial emission reduction that hoses. For fuel tanks, key parameters well as providing an incentive for the will give them more lead time to meet include wall thickness, material used early introduction of new technology. the standard. This program will allow a (including additives such as pigments, We are finalizing ABT for non-metal manufacturer to certify fuel tanks early plasticizers, and UV inhibitors), and the 2 fuel tanks to facilitate the to a less stringent standard of 3.0 g/m / emission-control strategy applied. For implementation of the standard across a day and thereby delay meeting the 1.5 hoses, key parameters include material, 2 variety of tank designs. To meet the g/m /day fuel tank permeation standard wall thickness, and emission-control standard on average, manufacturers by 1 tank-year for every tank-year of strategy applied. To address a would be able to divide their fuel tanks early certification. As an alternative, manufacturer’s unique product mix, we into different emission families and this delay could be applied to other fuel may approve using broader or narrower certify each of their emission families to tanks provided that these tanks have an engine families. The certification a different Family Emissions Level equal or smaller inside surface area and 2 process for vehicle permeation is similar (FEL). The emission families would meet a level of 3.0 g/m /day. As an as for the process for certifying engines. include fuel tanks with similar example, suppose a manufacturer were characteristics, including wall to sell 50 motorcycles in 2006 and 75 4. What Durability Provisions Apply? thickness, material used (including motorcycles in 2007 with fuel tanks that We are adopting several additional additives such as pigments, plasticizers, meet a level of 3.0 g/m2/day. This provisions to ensure that emission and UV inhibitors), and the emission- manufacturer would then be able to sell controls will be effective throughout the control strategy applied. The FELs 125 vehicles with fuel tanks that meet life of the motorcycle. This section would then be weighted by sales a level of 3.0 g/m2/day in 2008 and later discusses these provisions for volume and fuel tank inside surface area years. No uncontrolled tanks could be permeation emissions from motorcycles. to determine the average level across a sold after 2007. In addition to providing manufacturer’s total production. An implementation flexibility to a. How Long Do My Vehicles Have To additional benefit of a corporate-average manufacturers, this option, if used, Comply? approach is that it provides an incentive would result in additional and earlier Manufacturers would be required to for developing new technology that can emission reductions. build fuel systems that meet the

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emission standards over each consistently meet the performance 10,000 cycles from ¥0.5 to 2.0 psi. motorcycle’s useful life. For the specifications laid out in the certificate. These two durability tests are based on permeation standards, we use the same draft recommended SAE practice.44 The C. Testing Requirements useful life as for exhaust emissions from third durability test is intended to assess motorcycle engines based on the belief To obtain a certificate allowing sale of potential impacts of UV sunlight (0.2 that fuel system components and products meeting EPA emission µm–0.4 µm) on the durability of the engines are intended to have the same standards, manufacturers generally must surface treatment. Because most of the design life. This useful life is 5 years or show compliance with such standards irradiance from sunlight in this range is 6,000 km for Class I <50cc, 12,000 km through emission testing. The test seen in wavelengths above 0.3 µm, we for Class I ≥50cc, 18,000 km for Class II, procedures for determining permeation recommend testing with an average and 30,000 km for Class III. Further, we emissions from fuel tanks and hoses on wavelength above 0.3 µm such as the are applying the same warranty period motorcycles are described below. This UVA lamp described in SAE J2020.45 In for permeation emission related section also discusses design-based the UV exposure test, the tank must be components of the fuel system as for certification as an alternative to exposed to a UV light of at least 24 W/ exhaust emission-related components of performing specific testing. These test m2 (0.4 W-hr/m2/min) on the tank the motorcycle. procedures are the same as those surface for 15 hours per day for 30 days. existing for recreational vehicles. Alternatively, it can be exposed to direct b. How Do I Demonstrate Emission natural sunlight for an equivalent period Durability? 1. What Are the Test Procedures for Measuring Permeation Emissions From of time. To allow for weekends and We are adopting several additional Fuel Tanks? rainy days, these exposure days do not need to be continuous. provisions to ensure that emission Prior to testing the fuel tanks for controls will be effective throughout the permeation emissions, the fuel tank 2. What Are the Test Procedures for life of the vehicle. Motorcycle must be preconditioned by allowing the Measuring Permeation Emissions From manufacturers must demonstrate that tank to sit with fuel in it until the Fuel System Hoses? the permeation emission-control hydrocarbon permeation rate has strategies will last for the useful life of The permeation rate of fuel from stabilized. Under this step, the fuel tank hoses would be measured at a the vehicle. Any deterioration in must be filled with a 10-percent ethanol ± ° performance would have to be included temperature of 23 2 C using SAE blend in gasoline (E10), sealed, and 46 in the family emissions limit. This method J30 with E10. The hose must soaked for 20 weeks at a temperature of be preconditioned with a fuel soak to section discusses durability provisions ± ° 28 5 C. Once the soak period has ensure that the permeation rate has for fuel tanks and hoses. ended, the fuel tank is drained, refilled For plastic fuel tanks, we are stabilized. The fuel to be used for this with fresh fuel, and sealed. The testing would be a blend of 90-percent specifying a preconditioning and four permeation rate from fuel tanks is durability steps that must be performed ± ° gasoline and 10-percent ethanol. This measured at a temperature of 28 2 C fuel is consistent with the test fuel used in conjunction with the permeation over a period of at least 2 weeks. testing for certification to the standard. for highway evaporative emission Consistent with good engineering testing. Alternatively, for purposes of These steps, which include fuel soaking, judgment, a longer period may be slosh, pressure-vacuum cycling, submission of data at certification, necessary for an accurate measurement permeation could be measured using temperature cycling, and ultra-violet for fuel tanks with low permeation rates. light exposure, are described in more alternative equipment and procedures Permeation loss is determined by that provide equivalent results. To use detail in Section VI.C.1. The purpose of measuring the weight of the fuel tank these preconditioning steps is to help these alternative methods, before and after testing and taking the manufacturers would have to apply to demonstrate the durability of the fuel difference. Once the mass change is tank permeation control under us and demonstrate equivalence. calculated, it is divided by the Examples of alternative approaches that conditions that may occur in use. For manufacturer determined tank surface fuel hoses, the only preconditioning we anticipate manufacturers may use area and the number of days of soak to are the recirculation technique step that we are requiring is a fuel soak get the emission rate. As an option, 47 to ensure that the permeation rate is described in SAE J1737, enclosure- permeation may be measured using type testing such as in 40 CFR part 86, stabilized prior to testing. Data from alternative methods that will provide before and after the durability tests or weight loss testing such as described equivalent or better accuracy. Such in SAE J1527.48 would be used to determine methods include enclosure testing as deterioration factors for the certified described in 40 CFR part 86. The fuel 44 Draft SAE Information Report J1769, ‘‘Test fuel tanks. The durability factors would used for this testing will be a blend of Protocol for Evaluation of Long Term Permeation be applied to permeation test results to 90-percent gasoline and 10-percent Barrier Durability on Non-Metallic Fuel Tanks,’’ determine the certification emission ethanol. (Docket A–2000–01, document IV–A–24). level of the fuel tank at full useful life. To determine permeation emission 45 SAE Surface Vehicle Standard J2020, ‘‘Accelerated Exposure of Automotive Exterior The manufacturer would still be deterioration factor, we are specifying Materials Using a Fluorescent UV and responsible for ensuring that the fuel three durability tests: slosh testing, Condensation Apparatus,’’ Revised February, 2003 tank and hose meet the permeation pressure-vacuum cycling, and ultra- (Docket A–2000–02, document, IV–A–10). standards throughout the useful life of violet exposure. The purpose of these 46 SAE Recommended Practice J30, ‘‘Fuel and Oil the motorcycle. Hoses,’’ June 1998 (Docket A–2000–01, document deterioration tests is to help ensure that IV–A–92). We recognize that motorcycle the technology is durable and the 47 SAE Recommended Practice J1737, ‘‘Test manufacturers will likely depend on measured emissions are representative Procedure to Determine the Hydrocarbon Losses suppliers/vendors for complying tanks of in-use permeation rates. For slosh from Fuel Tubes, Hoses, Fittings, and Fuel Line and fuel hoses. We believe that, in testing, the fuel tank is filled to 40- Assemblies by Recirculation,’’ 1997 (Docket A– 2000–01, document, IV–A–34). addition to normal business practices, percent capacity with E10 fuel and 48 SAE Recommended Practice J1527, ‘‘Marine our testing requirements will help rocked for 1 million cycles. The Fuel Hoses,’’ 1993 (Docket A–2000–01, document assure that suppliers/vendors pressure-vacuum testing contains IV–A–19).

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3. Can I Certify Based on Engineering permeation testing on a worst case only and do not result in substantive Design Rather Than Through Testing? configuration would initially need to be changes to the test procedures. One In general, test data would be required performed. This test data could then be other change we are making is to make to certify fuel tanks and hoses to the used to certify other fuel tanks which the length of the UV exposure test in the permeation standards. Test data could are otherwise similar and using the regulations match the length specified be carried over from year to year for a same material (including additives). in the preamble for the recreational given emission-control design. We do Because permeation is a function of wall vehicles FRM. Therefore, we are not believe the cost of testing tanks and thickness, the worst case configuration, changing the specification of 4 weeks in hose designs for permeation would be in this case, would likely be the fuel the regulatory text to 30 days. The UV burdensome especially given that the tank design with the thinnest walls. If exposure test is contained in data could be carried over from year to new test data demonstrates that the use § 1051.515(d)(2). All of these changes year, and that there is a good possibility of other technology designs will ensure were developed in the process of the that the broad emission family concepts compliance with the applicable motorcycle rulemaking. However, we embodied in this program would lead to emission standards, we may establish decided to make the amendments minimum testing. However, there are additional design certification options applicible to recreational vehicles as some specific cases where we would for these technologies such as those we well for several reasons. These reasons allow certification based on design. are finalizing for metal fuel tanks. include: (1) The motorcycle permeation These special cases are discussed below. Fuel hoses can be certified by design requirements are essentially the same as We would consider a metal fuel tank as being manufactured in compliance for recreational vehicles, (2) the to meet the design criteria for a low with certain accepted SAE motorcycle test procedures are in the permeation fuel tank because fuel does specifications. Specifically, a fuel hose same body of regulatory text as for not permeate through metal. However, meeting the SAE J30 R11–A or R12 recreational vehicles, (3) the we would not consider this design to be requirements could be design-certified amendments are not substantive, and (4) any more effective than any other low to the standard. In addition, fuel line the amendments help clarify the test permeation fuel tank for the purposes of meeting the SAE J2260 50 Category 1 procedures. any sort of credit program. Although requirements could be design-certified D. Special Compliance Provisions metal is impermeable, seals and gaskets to the standard. These fuel hoses and used on the fuel tank may not be. The fuel line specifications are based on 15- We believe that the permeation design criteria for the seals and gaskets percent methanol fuel and higher control requirements will be relatively would be that either they would not temperatures. We believe that fuel hoses easy for small businesses to meet, given have a total exposed surface area and lines that are tested and meet these the relatively low cost of the exceeding 1000 mm2, or the seals and requirements would also meet our hose requirements and the availability of gaskets would have to be made of a permeation standards because both are materials and treatment support by material with a permeation rate of 10 g/ generally acknowledged as representing outside vendors. In addition, this m2/day or less at 23°C as measured more stringent test parameters. In the regulatory program is structured in such under ASTM D814.49 A metal fuel tank future, if new SAE specifications are a way to minimize burdens on all with seals that meet this design criteria developed which are consistent with manufacturers by including design- would readily pass the standard. our hose permeation standards, we based certification, ABT, broad emission Another technology that we would consider including hoses meeting families, minimized compliance considered for design-certification was the new SAE requirements as being able requirements, and hardship provisions. multi-layer fuel tank construction with to certify by design. Low permeation fuel hoses are available low-permeation (EVOH) barrier. This At certification, manufacturers will from vendors today, and we would technology is widely used in automotive have to submit an engineering analysis expect that surface treatment would be applications to meet the vehicle showing that the tank or hose designs applied through an outside company if evaporative emission standards. will meet the standards throughout their that is the compliance approach used. However, we believe that a full useful life. The tanks and hoses will However, to minimize any additional manufacturer must demonstrate that remain subject to the emission burden these requirements may impose their design meets the standards prior to standards throughout their useful lives. on small businesses, we are delaying the certification. For instance, if the layers The design criteria relate only to the implementation date of the permeation are not sealed well at a seam or if the issuance of a certificate. standards for small business fuel tank is prone to delamination in- manufacturers to 2010. 4. Technical Amendments to 40 CFR use, permeation emissions could be E. Technological Feasibility above the standard without a noticeable Part 1051 Test Procedures We believe there are several strategies fuel leak. Therefore, we would require We are updating the figure in that manufacturers can use to meet our the manufacturer to submit test data on § 1051.515 that presents a flow chart of permeation emission standards. This the effectiveness and durability of the the fuel tank test procedures to help section gives an overview of this fuel tank. As discussed above, test data better clarify the procedures. In technology. See Chapters 3 and 4 of the could be carried over from year-to-year addition, we are updating the structure Final Regulatory Support Document for and across product lines provided that of the language in § 1051.515 to be more detail on the technology discussed a worst case configuration is tested. parallel to the construction of the flow here. Similarly, if manufacturers were to chart. In the UV exposure test, we are produce fuel tanks out of low- simplifying the units from W-hr/m2/min 1. Implementation Schedule 2 2 permeability materials other than metal to W/m (0.40 W-hr/m /min equals 24 The permeation emission standards 2 (such as an acetal copolymer), W/m ). These changes are for clarity for fuel tanks become effective in the 2008 model year. Several technologies 49 ASTM Standard Test Method D 814–95 50 SAE Recommended Practice J2260, (Reapproved 2000), ‘‘Rubber Property—Vapor ‘‘Nonmetallic Fuel System Tubing with One or are available that could be used to meet Transmission of Volatile Liquids,’’ (Docket A– More Layers,’’ 1996, (Docket A–2000–01, document this standard. Surface treatments to 2000–01, document IV–A–95). IV–A–18). reduce tank permeation are widely used

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today in other container applications, reductions may be better for different side of the fuel tank. The two sides are and the technology and production applications. A specific example of then welded together. To add a barrier facilities needed to conduct this process technology that could be used to meet layer, a thin sheet of the barrier material exist. Selar is used by at least one the fuel tank permeations would be is placed inside the mold prior to portable fuel tank manufacturer and has surface barrier treatments such as injection of the polyethylene. The also been used in automotive sulfonation or fluorination. With these polyethylene, which generally has a applications. Plastic tanks with surface treatments, more than a 95- much lower melting point than the coextruded barriers have been used in percent reduction in permeation barrier material, bonds with the barrier automotive applications for years. emissions from new fuel tanks is material to create a shell with an inner However, plastic fuel tanks used in feasible. However, variation in material liner. motorcycles are primarily high-density tolerances and in-use deterioration can A less expensive alternative to polyethylene tanks with no permeation reduce this effectiveness. Given the lead coextrusion is to blend a low permeable control. We received comment that they time for the standards, manufacturers resin in with the HDPE and extrude it it would be unreasonable for will be able to provide fuel tanks with with a single screw. The trade name manufacturers to have to comply before consistent material quality, and the typically used for this permeation 2008 because this is the date already surface treatment processes can be control strategy is Selar. The low established for recreational vehicles. optimized for a wide range of material permeability resin, typically EVOH or Manufacturers will need lead time to qualities and additives such as nylon, creates non-continuous platelets allow for durability testing and other pigments, plasticizers, and UV in the HDPE fuel tank which reduce development work associated with inhibitors. We do not expect a large permeation by creating long, tortuous applying this technology to motorcycles. deterioration in use; however, data on pathways that the hydrocarbon This is especially true for manufacturers slosh testing suggest that some molecules must navigate to pass through or vendors who choose to set up their deterioration is likely. To accommodate the fuel tank walls. Although the barrier own surface barrier treatment variability and deterioration, we are is not continuous, this strategy can still equipment in-house. finalizing a standard that represents achieve greater than a 90-percent We believe that the low permeation about an 85-percent reduction in reduction in permeation of gasoline. hose technology can also be applied in permeation emissions from plastic fuel EVOH has much higher permeation the 2008 time frame. A lower tanks. It is our expectation that resistance to alcohol than nylon; permeation fuel hose exists today manufacturers will aim for an therefore, it would be the preferred known as the SAE R9 hose that is as effectiveness rate as near to 100 percent material to use for meeting our standard flexible as the SAE R7 hose used in as practical for new tanks. Therefore, which is based on testing with a 10- most motorcycle applications today. even with variability and deterioration percent ethanol fuel. Another type of low permeation These SAE hose specifications are in use, control rates are likely to exceed technology for fuel tanks would be to contained in SAE J30 cited above. This 85 percent. Several materials are treat the surfaces of plastic fuel tanks hose would meet our permeation available today that could be used as a with a barrier layer. Two ways of standard on gasoline, but probably not low permeation barrier in rubber hoses. achieving this are known as fluorination on a 10-percent ethanol blend. As noted We present more detail on these and and sulfonation. The fluorination in Chapter 4 of the Final Regulatory other technological approaches below. Support Document, barrier materials process causes a chemical reaction typically used in R9 hose today may 3. Technological Approaches where exposed hydrogen atoms are have permeation rates 3 to 5 times a. Fuel Tanks replaced by larger fluorine atoms to higher on a 10-percent ethanol blend create a barrier on the surface of the fuel than on straight gasoline. However, Blow molding is widely used for the tank. In this process, a batch of fuel there are several lower permeability manufacture of fuel tanks for tanks are generally processed post barrier materials that can be used in motorcycles. Typically, blow molding is production by stacking them in a steel rubber hose that will comply with the performed by creating a hollow tube, container. The container is then voided hose permeation requirement on a 10- known as a parison, by pushing high- of air and flooded with fluorine gas. By percent ethanol blend and still be density polyethylene (HDPE) through an pulling a vacuum in the container, the flexible and durable enough for use in extruder with a screw. The parison is fluorine gas is forced into every crevice motorcycles. This hose is available for then pinched in a mold and inflated in the fuel tanks. As a result of this automotive applications at this time, but with an inert gas. In highway process, both the inside and outside some lead time may be required to applications, non-permeable plastic fuel surfaces of the fuel tank are treated. As apply these hoses to motorcycles if hose tanks are produced by blow molding a an alternative, fuel tanks can be connection fitting changes were layer of ethylene vinyl alcohol (EVOH) fluorinated on-line by exposing the required. This would enhance both in- or nylon between two layers of inside surface of the fuel tank to use effectiveness and safety. For these polyethylene. This process is called fluorine during the blow molding reasons, we are implementing the hose coextrusion and requires at least five process. However, this method may not permeation standard on the same layers: the barrier layer, adhesive layers prove as effective as off-line fluorination schedule as the tank permeation on either side of the barrier layer, and which treats the inside and outside standards. HDPE as the outside layers which make surfaces. up most of the thickness of the fuel tank Sulfonation is another surface 2. Standard Levels walls. However, multi-layer treatment technology where sulfur We have identified several strategies construction requires additional trioxide is used to create the barrier by for reducing permeation emissions from extruder screws which significantly reacting with the exposed polyethylene fuel tanks and hoses. We recognize that increases the cost of the blow molding to form sulfonic acid groups on the some of these technologies may be more process. Multi-layer fuel tanks can also surface. Current practices for desirable than others for some be formed using injection molding. In sulfonation are to place fuel tanks on a manufacturers, and we recognize that this method, a low viscosity polymer is small assembly line and expose the different strategies for equal emission forced into a thin mold to create each inner surfaces to sulfur trioxide, then

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rinse with a neutralizing agent. copolymers and thermoplastic permeation standard, these technology However, sulfonation can also be polyesters. options would likely still be used. In performed using a batch method. Either addition, this technology is relatively b. Hoses of these processes can be used to reduce inexpensive and can achieve gasoline permeation by more than 95 Fuel hoses produced for use in meaningful emission reductions. The percent. motorcycles are generally extruded standards are expected to achieve more nitrile rubber with a cover for abrasion Over the first month or so of use, than an 85-percent reduction in resistance. Lower permeability fuel polyethylene fuel tanks can expand by permeation emissions from fuel tanks hoses produced today for other and more than 95 percent from hoses. as much as three percent due to applications are generally constructed saturation of the plastic with fuel. We believe that more stringent in one of two ways: either with a low standards could result in significantly Manufacturers have raised the concern permeability layer or by using a low that this hydrocarbon expansion could more expensive materials without permeability rubber blend. By using corresponding additional emission affect the effectiveness of surface hose with a low permeation treatments like fluorination or reduction. In addition, the control thermoplastic layer, permeation technology would generally pay for sulfonation. We believe this will not emissions can be reduced by more than have a significant effect on the itself over time by conserving fuel that 95 percent. Because the thermoplastic would otherwise evaporate. The effectiveness of these surface treatments. layer is very thin, on the order of 0.1 to We and California ARB have performed projected costs and fuel savings are 0.2 mm, the rubber hose retains its discussed in Section VII.B. extensive permeation testing on HDPE flexibility. Two thermoplastics which fuel tanks with and without these have excellent permeation resistance, VII. Environmental Impacts and surface treatments. Prior to the ARB even with an alcohol-blend fuel, are Program Costs permeation testing, the tanks were ETFE and THV.51 prepared by first performing a durability The following section summarizes the In automotive applications, multilayer emission benefits, costs, and cost per procedure where the fuel container is plastic tubing, made of fluoropolymers cycled a minimum of 1000 times ton of pollutant reduced of the new is generally used. An added benefit of motorcycle emission standards. Further between -1 psi and 5 psi. In addition, for these low permeability lines is that both the EPA and ARB testing, the fuel information on these and other aspects some fluoropolymers can be made to of the environmental and economic containers were soaked with fuel to conduct electricity and therefore can impacts of this rule are presented in stabilize permeation rates. The test data, prevent the buildup of static charges. more detail in the Regulatory Support presented in Chapter 4 of the Final Although this technology can achieve Document for this rulemaking. Regulatory Support Document show more than an order of magnitude lower that fluorination and sulfonation are permeation than barrier hoses, it is A. Environmental Impacts still effective after this testing. relatively inflexible and may need to be Emission estimates for highway Manufacturers have also commented molded in specific shapes for each motorcycles were developed using motorcycle design. Manufacturers have that fuel sloshing in the fuel tank, under information on the emission levels of commented that motorcycle hose would normal in-use operation, could wear off current motorcycles and updated need to be designed for elements such the surface treatments. However, we do information on motorcycle use provided as location, exposure, and vibration that not believe that this is likely. These by the motorcycle industry. Permeation are unique to motorcycle design. surface treatments actually result in an emissions for highway motorcycles were atomic change in the structure of the 4. Conclusions developed based on known material outside surface of the fuel tank. To wear permeation rates as a function of surface off the treatment, the plastic would need The standards for permeation emissions for motorcycles reasonably area and temperature. A more detailed to be worn away on the outside surface. description of the methodology used for In addition, testing by California ARB reflect what manufacturers can achieve through the application of available projecting inventories and projections shows that the fuel tank permeation technology. Manufacturers will have for additional years can be found in the standard can be met by fuel tanks that several years of lead time to select, Chapter 6 of the Regulatory Support have been sloshed for 1.2 million cycles. design, and produce permeation Document. Test data on an sulfonated automotive emission-control strategies that will Tables VII.A–1 and VII.A–2 contain HDPE fuel tank after five years of use work best for their product lines. We the projected emission inventories for showed no deterioration in the expect that meeting these requirements the years 2010 and 2020, respectively, permeation barrier. This data are will pose a challenge, but one that is from the motorcycles subject to this presented in Chapter 4 of the Final feasible taking into consideration the rulemaking. The inventories are Regulatory Support Document. availability and cost of technology, lead presented for the base case which Permeation can also be reduced from time, noise, energy, and safety. The role assumes no change from current fuel tanks by constructing them out of of these factors is presented in detail in conditions (i.e., without the standards a lower permeation material than HDPE. Chapters 3 and 4 of the Final Regulatory taking effect) and assuming the For instance, metal fuel tanks would not Support Document. standards being adopted today take permeate. In addition, there are grades The permeation standards are based effect. The inventories for 2010 and of plastics other than HDPE that could on the effective application of low 2020 include the effect of growth. The be molded into fuel tanks. An example permeable materials or surface percent reductions based on a of materials which have excellent treatments. This is a step change in comparison of estimated emission permeation resistance, even with technology; therefore, we believe that inventories with and without the alcohol-blended fuels, are acetal even if we set a less stringent emission standards are also presented.

51 Ethylene-tetrafluoro-ethylene (ETFE), tetra- fluoro-ethylene, hexa-fluoro-propylene, and vinyledene fluoride (THV).

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TABLE VII.A–1—2010 PROJECTED ON-HIGHWAY MOTORCYCLE EMISSIONS INVENTORIES [thousand short tons]

NOX HC Standards Base With Percent Base With Percent case standards reduction case standards reduction

Exhaust ...... 11 10 9 45 41 10 Permeation ...... 16 13 22

Total ...... 11 10 9 61 54 13

TABLE VII.A–2—2020 PROJECTED ON-HIGHWAY MOTORCYCLE EMISSIONS INVENTORIES

NOX HC Standards Base With Percent Base With Percent case standards reduction case standards reduction

Exhaust ...... 14 7 50 58 28 51 Permeation ...... 21 3 85

Total ...... 14 7 50 79 31 61

As described in Section II, there will analysis can be found in Chapter 5 of year of production. Long-term impacts also be environmental benefits the Regulatory Support Document. on costs are expected to decrease as associated with reduced haze in many Cost estimates based on the current manufacturers fully amortize their fixed sensitive areas. projected costs for our estimated costs and learn to optimize their designs Finally, anticipated reductions in technology packages represent an and production processes to meet the hydrocarbon emissions will correspond expected incremental cost of vehicles in standards more efficiently. The learning with reduced emissions of the toxic air the near term. For the longer term, we curve has not been applied to the emissions referenced in Section II. In have identified factors that would cause motorcycles under 50cc because we expect manufacturers to use 2020, the projected reduction in cost impacts to decrease over time. First, technologies that will be well hydrocarbon emissions should result in as noted above, we project that established prior to the start of the an equivalent percent reduction in air manufacturers will spread their fixed program. toxic emissions. costs over the first eight years of production. After the eighth year of We project average costs of $30 per B. Motorcycle Engine and Equipment production, we project that the fixed Class III highway motorcycle to meet the Costs costs would be retired and the per unit Tier 1 standard and $45 to meet the Tier costs could be reduced as a result. 2 standards, incremental to Tier 1. We In assessing the economic impact of For highway motorcycles above 50cc, anticipate the manufacturers will meet setting emission standards, we have the analysis also incorporates the the emission standards with several made a best estimate of the technologies expectation that manufacturers and technologies, including electronic fuel and their associated costs to meet the suppliers will apply ongoing research injection, catalysts, pulse-air systems, standards. In making our estimates for and manufacturing innovation to and other general improvements to the final rule we have relied on our own making emission controls more effective engines. For motorcycles with engines technology assessment, which includes and less costly over time. Research in of less than 50cc, we project average information supplied by individual the costs of manufacturing has costs of $44 per motorcycle to meet manufacturers, and we have made consistently shown that as emission standards. We anticipate the revisions after considering information manufacturers gain experience in manufacturers of these small provided by commenters. Estimated production and use, they are able to motorcycles (mostly scooters) will meet costs include variable costs (for apply innovations to simplify the emission standards by replacing any hardware and assembly time) and fixed machining and assembly operations, use remaining two-stroke engines with four- costs (for research and development, lower cost materials, and reduce the strokes. The costs are based on the retooling, and certification). We number or complexity of component conversion to 4-stroke because we projected that manufacturers will parts.52 (see the Final Regulatory believe this to be the most likely recover the fixed costs over the eight Support Document for additional technology path for the majority of years of production and used an information). The cost analysis scooters. Manufacturers could also amortization rate of 7 percent in our generally incorporates this learning choose to employ advanced technology analysis. The analysis also considers effect by decreasing estimated variable two-stroke (e.g., direct injection and/or total operating costs, including costs by 20 percent starting in the third catalysts) designs. The process of maintenance and fuel consumption. developing clean technologies is very Cost estimates based on the projected 52 For further information on learning curves, see much underway already as a result of technologies represent an expected previous final rules for Tier 2 highway vehicles (65 regulatory actions in Europe and the rest change in the cost of engines as they FR 6698, February 10, 2000), marine diesel engines of world where the primary markets for (64 FR 73300, December 29, 1999), nonroad diesel begin to comply with new emission engines (63 FR 56968, October 23, 1998), and small motorcycles exist. Chapter 4 of the standards. All costs are presented in highway diesel engines (62 FR 54694, October 21, Regulatory Support Document describes 2001 dollars. Full details of our cost 1997). these technologies further.

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We received comments that our costs models are already available with the control, be about 9 gallons over the 12.5 appeared to be underestimated. We have anticipated long-term emission-control year average operating lifetime. This considered these comments and, where technologies, we believe that translates to a discounted lifetime further data and information was manufacturers and consumers will be savings of nearly $7 at an average fuel provided, we have made revisions to able to bear the added cost associated price of $1.10 per gallon (non-tax). our cost estimates when they were with the new emission standards. Therefore, we anticipate that the fuel appropriate. Chapter 5 for the Summary We have also estimated a per unit cost savings will more than offset the and Analysis of Comments provides our for fuel tank and hose permeation technology costs. detailed response to comments. It is control for motorcycles. About 10 important to note that the above cost percent of motorcycles sold have plastic C. Aggregate Costs and Cost- estimates are average costs and are fuel tanks which would be subject to the Effectiveness based on both the current state of fuel tank permeation requirements. We The above section presents unit cost technology and projections of project the additional cost per tank, technology needed to meet standards. assuming sulfonation treatment, to be estimates for each of the standards being Our average cost estimates consider, for less than $2 per fuel tank. This cost adopted for motorcycles. These average example, that almost half of current includes shipping, handling, and costs represent the total set of costs the production is already equipped with overhead costs. Weighting technology engine manufacturers will bear to fuel injection and about 20 percent of cost for plastic tanks with zero costs for comply with emission standards. With production is equipped with catalysts. metal tanks which will not need to current and projected estimates of To estimate average per unit costs, the apply permeation control, we get an vehicle sales, we translate these costs costs associated with the increased use average cost of less than $0.20 per into projected direct costs to the nation of emission control technologies due to motorcycle. Hose permeation costs are for the new emission standards in any the new standards are spread over all based on the costs of existing barrier- year. A summary of the annualized costs units produced. Costs for individual lined hoses products used in marine to manufacturers is presented in Table models would be higher or lower than and automotive applications. We VII.C–1. (The annualized costs are the average depending on the changes projected an incremental cost of less determined over the first twenty-years manufacturers decide to make for their than $2 per motorcycle for barrier hoses. that the new standards will be effective.) various models. Models already This cost includes upgrades to the hose The annual cost savings for highway equipped with fuel injection, pulse air, clamps. Therefore, the average cost per motorcycles are due to reduced fuel and a catalyst are likely to have low motorcycle for permeation emission costs (from the <50cc motorcycle incremental costs compared to models control is projected to be about $2. standards and the permeation controls). that are not currently equipped with Because evaporative emissions are The total fleetwide fuel savings start these technologies. The averaging composed of otherwise usable fuel that slowly, then increase as greater numbers program for the standards provides is lost to the atmosphere, measures that of compliant motorcycles enter the fleet. manufacturers with flexibility in reduce evaporative emissions will result Table VII.C–1 presents a summary of the determining what technologies to use on in fuel savings. We estimate that the annualized reduced operating costs as their various models. Because several average fuel savings, due to permeation well.

TABLE VII.C–1.—ESTIMATED ANNUALIZED COST TO MANUFACTURERS AND ANNUALIZED FUEL SAVINGS DUE TO THE NEW MOTORCYCLE STANDARDS

Annualized cost Annualized Standards to manufacturers fuel savings (millions/year) (millions/year)

Exhaust ...... $32.0 $0.2 Permeation ...... 1.4 4.2 Aggregate a ...... 33.4 3.7 Notes: a Because of the different implementation dates for the exhaust and permeation standards, the aggregate is based on a 22 year (rather than 20 year) annualized cost. Therefore, the aggregate is not equal to the sum of the costs for the two standards.

We calculated the cost per ton of NOX or both). Table VII.C–2 presents the motorcycles under 50cc. Reduced fuel emission reductions for the standards. discounted cost-per-ton estimates for consumption also offsets the costs of For these calculations, we attributed the this action. Reduced operating costs permeation control. entire cost of the program to the control offsets a portion of the increased cost of of ozone precursor emissions (HC or producing the cleaner highway

TABLE VII.C–2.—ESTIMATED COST-PER-TON OF THE EMISSION STANDARDS

Discounted Discounted cost per ton Effective reductions Pollutants Category date per engine Without With fuel (short tons) fuel savings savings

Highway motorcycles >50cc ...... 2006 0.03 Exhaust HC+NOX ...... $1,150 $1,150 Highway motorcycles >50cc ...... 2010 0.03 Exhaust HC+NOX ...... 1,550 1,550 Highway motorcycles <50cc ...... 2006 0.02 Exhaust HC ...... 2,130 1,750 Permeation control ...... 2008 0.02 Evaporative HC ...... 103 ($260)

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Because the primary purpose of cost- values presented in this chapter and the actions for controlled emissions from effectiveness is to compare our program cost-effectiveness of other programs. mobile sources. Additional discussion to alternative programs, we made a Table VI.C–3 summarizes the cost of these comparisons is contained in the comparison between the cost per ton effectiveness of several recent EPA Regulatory Impact Analysis.

TABLE VII.C–3.—COST-EFFECTIVENESS OF PREVIOUSLY IMPLEMENTED MOBILE SOURCE PROGRAMS [Costs Adjusted to 2001 Dollars]

Program $/ton

Tier 2 vehicle/gasoline sulfur ...... 1,437–2,423 2007 Highway HD diesel ...... 1,563–2,002 2004 Highway HD diesel ...... 227–444 Off-highway diesel engine ...... 456–724 Tier 1 vehicle ...... 2,202–2,993 NLEV ...... 2,069 Marine SI engines ...... 1,255–1,979 On-board diagnostics ...... 2,480 Marine CI engines ...... 26–189

VIII. Public Participation • Have an annual effect on the Management and Budget approves economy of $100 million or more or them. A wide variety of interested parties adversely affect in a material way the The information being collected is to participated in the rulemaking process economy, a sector of the economy, be used by EPA to ensure that new that culminates with this final rule. This productivity, competition, jobs, the highway motorcycles comply with process provided opportunity for public environment, public health or safety, or applicable emissions standards through comment following the proposal that we State, Local, or Tribal governments or certification requirements and various published August 14, 2002 (67 FR communities; subsequent compliance provisions. 53050). We held a public hearing on the • Create a serious inconsistency or The annual public reporting and proposal in Ann Arbor, Michigan on otherwise interfere with an action taken recordkeeping burden for this collection September 17, 2002. At that hearing, or planned by another agency; of information is estimated to average 32 oral comments on the proposal were • hours per response, with collection received and recorded. We published an Materially alter the budgetary required annually. The estimated additional notice for comment in two impact of entitlements, grants, user fees, number of respondents is 46. The total areas on October 30, 2002 (67 FR or loan programs, or the rights and annual cost for the first 3 years of the 66097). A written comment period obligations of recipients thereof; or • program is estimated to be $79,428 per remained open until January 7, 2003. Raise novel legal or policy issues year, including $23,686 in operating and Comments and hearing testimony have arising out of legal mandates, the maintenance costs and no capital costs, been placed in the docket for this rule. President’s priorities, or the principles at a total of 1,449 hours per year. We considered these comments in set forth in the Executive Order. developing the final rule. A Final Regulatory Support Document Burden means the total time, effort, or financial resources expended by persons We have prepared a detailed has been prepared and is available in to generate, maintain, retain, disclose, or Summary and Analysis of Comments the docket for this rulemaking and at the provide information to or for a federal document, which describes the internet address listed under ADDRESSES agency. This includes the time needed comments we received on the proposal above. Annual initial costs of this to review instructions; develop, acquire, and our response to each of these rulemaking are estimated to be well install, and utilize technology and comments. The Summary and Analysis below $100 million per year, even when systems for the purposes of collecting, of Comments is available in the docket excluding annualized operating cost validating, and verifying information, for this rule and on the Office of savings of approximately $3.7 million processing and maintaining Transportation and Air Quality Internet per year. Even so, OMB has informed us information, and disclosing and home page at http://www.epa.gov/otaq/ that it considers this rule to be a providing information; adjusting the roadbike.htm. ‘‘significant regulatory action.’’ Thus, this action was submitted to the Office existing ways to comply with any IX. Statutory and Executive Order of Management and Budget (OMB) for previously applicable instructions and Reviews review under Executive Order 12866. to requirements; train personnel to be able to respond to a collection of A. Executive Order 12866: Regulatory Written comments from OMB and information; search data sources; Planning and Review responses from EPA to OMB comments are in the public docket for this complete and review the collection of Under Executive Order 12866 (58 FR rulemaking. information; and transmit or otherwise 51735, October 4, 1993), the Agency disclose the information. must determine whether the regulatory B. Paperwork Reduction Act An agency may not conduct or action is ‘‘significant’’ and therefore The information collection sponsor, and a person is not required to subject to review by the Office of requirements in this final rule have been respond to a collection of information Management and Budget (OMB) and the submitted for approval to the Office of unless it displays a currently valid OMB requirements of this Executive Order. Management and Budget (OMB) under control number. The OMB control The Executive Order defines a the Paperwork Reduction Act, 44 U.S.C. numbers for EPA’s regulations in 40 ‘‘significant regulatory action’’ as any 3501 et seq. (ICR No. 0783.46). The CFR are listed in 40 CFR part 9. When regulatory action that is likely to result reporting requirements in this final rule this ICR is approved by OMB, then we in a rule that may: are not enforceable until the Office of will publish a technical amendment to

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40 CFR part 9 in the Federal Register to motorcycles for the U.S. market in each —The need for, and objectives of, the display the OMB control number for the model year. In addition to the largest six rule. approved information collection manufacturers (BMW, Harley-Davidson, —The significant issues raised by public requirements contained in this final Honda, Kawasaki, Suzuki, Yamaha), we comments, a summary of the Agency’s rule. find as many as several dozen more assessment of those issues, and a C. Regulatory Flexibility Act (RFA), as companies that have operated in the statement of any changes made to the Amended by the Small Business U.S. market in the last couple of model proposed rule as a result of those Regulatory Enforcement Fairness Act of years. Most of these are U.S. companies comments. 1996 (SBREFA), 5 U.S.C. 601 et seq. that are either manufacturing or importing motorcycles, although a few —The types and number of small We have determined that it is not are U.S. affiliates of larger companies in entities to which the rule will apply. necessary to prepare a regulatory Europe or Asia. Some of the U.S. —The reporting, record keeping and flexibility analysis in connection with manufacturers employ only a few other compliance requirement of the this final rule. We have also determined rule. that this rule will not have a significant people and produce only a handful of economic impact on a substantial custom motorcycles per year, while —The steps taken to minimize the number of small entities. others may employ several hundred and impact of the rule on small entities, For purposes of assessing the impacts produce up to several thousand consistent with the stated objectives of this final rule on small entities, small motorcycles per year. These new of the applicable statute. entity is defined as: (1) A small business emission standards impose no new A fuller discussion of each of these that is primarily engaged in the development or certification costs for elements can be found in the Small manufacture of motorcycles, as defined any company producing compliant Business Flexibility Analysis (Chapter 8 by NAICS code 336991, with less than engines for the California market. In 500 employees (based on Small fact, implementing the California of the Final Regulatory Support Business Administration size standards with a two-year delay also Document). standards); (2) a small governmental allows manufacturers to streamline their 1. The Need for and Objectives of This jurisdiction that is a government of a production to further reduce the cost of Rule city, county, town, school district or compliance. The estimated hardware special district with a population of less costs are less than one percent of the The current HC and CO emission than 50,000; and (3) a small cost of producing a highway motorcycle, standards for highway motorcycles were organization that is any not-for-profit so none of these companies should have set in 1978 and are based on 1970s enterprise which is independently a compliance burden greater than one technology. There are currently no NOX owned and operated and is not percent of revenues. We expect that a standards for highway motorcycles. We dominant in its field. small number of companies affected by expect that implementation of the In accordance with section 609 of the EPA emission standards will not already standards will result in about a 50 RFA, we conducted outreach to small be certifying products in California. For percent reduction in HC emissions and entities and convened a Small Business these companies, the modest effort NOX emissions from highway Advocacy Review (SBAR) Panel prior to associated with applying established motorcycles in 2020. These emission proposing this rule, to obtain advice and technology will add compliance costs reductions would reduce ambient recommendations of representatives of representing between 1 and 3 percent of concentrations of ozone, and fine the small entities that potentially would revenues. The flexible approach we are particles, which is a health concern and be subject to the rule’s requirements. adopting to limit testing, reporting, and contributes to visibility impairment. Through the Panel process, we gathered recordkeeping burden prevents The standards would also reduce advice and recommendations from excessive costs for all these companies. personal exposure for people who small-entity representatives who would Thus, EPA has determined that this operate or who work with or are be affected by the provisions in the rule final rule will not have a significant otherwise in close proximity to these relating to large SI engines and land- economic impact on a substantial engines and vehicles. As described more based recreational vehicles, and number of small entities. fully in the Final Regulatory Support published the results in a Final Panel Although this final rule will not have Document for this rule, many types of Report, dated July 17, 2001. We also hydrocarbons are air toxics. prepared an Initial Regulatory a significant economic impact on a Flexibility Analysis (IRFA) in substantial number of small entities, The reductions in emissions are a part accordance with section 603 of the EPA nonetheless has tried to reduce the of the effort by federal, state and local Regulatory Flexibility Act. The IRFA is impact of this rule on small entities. We governments to reduce the health found in chapter 8 of the Draft prepared a Small Business Flexibility related impacts of air pollution and to Regulatory Support Document. The Analysis that examines the impact of reach attainment of the NAAQS for Panel report and the IRFA have been the rule on small entities, along with ozone and particulate matter (PM) as placed in the docket for this rulemaking regulatory alternatives that could reduce well as to improve other environmental (Public Docket A–2000–01, item II–A– that impact. This analysis would meet effects such as atmospheric visibility. 85, and Public Docket A–2000–02, item the requirements for a Final Regulatory Based on the most recent data available III–B–01). Flexibility Analysis (FRFA), had that for this rule (1999–2001), ozone and PM We proposed the majority of the Panel analysis been required. The Small air quality problems are widespread in recommendations, and took comments Business Flexibility Analysis can be the United States. There are 111 million on these and other recommendations. found in Chapter 8 of the Final people living in counties with Since highway motorcycles have had to Regulatory Support Document, which is monitored concentrations exceeding the meet emission standards for more than available for review in the docket and is 8-hour ozone NAAQS, and over 65 twenty years, we have good information summarized below. The key elements of million people living in counties with on the number of companies that our Small Business Flexibility Analysis monitored PM2.5 levels exceeding the manufacture or market highway include: PM2.5 NAAQS.

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2. Summary of Significant Issues Raised fewer options for customers and lower comments that we received regarding by Public Comment sales; (4) cost of ownership will the NPRM can be found in the Final increase, and consumers will be unable Summary and Analysis of Comments We received a number of comments to service their own motorcycles; (5) located in the public docket for this during the public comment process, reduction/elimination of competition rulemaking. these comments mainly focused on 8 from aftermarket and specialty shops specific areas of concern for (for major manufacturers); (6) 3. Numbers and Types of Small Entities commenters: (1) Impact on small/ elimination of aftermarket supplies and Affected independent and aftermarket services; (7) consumers will be forced to The following table provides an motorcycle shops, and the belief EPA purchase only manufacturer-offered overview of the primary SBA small did not fulfill its SBREFA obligations; products; and (8) the Barcia Act/H.R. business categories potentially affected (2) customer rejection of products; (3) 5433. A detailed summary of the by this regulation.

TABLE IX.C–1—PRIMARY SBA SBA SMALL BUSINESS CATEGORIES POTENTIALLY AFFECTED BY THIS PROPOSED REGULATION

Defined by SBA Industry NAICSa codes as a small business If: b

Motorcycle manufacturers ...... 336991 <500 employ- ees. Notes: a North American Industry Classification System. b According to SBA’s regulations (13 CFR 121), businesses with no more than the listed number of employees or dollars in annual receipts are considered ‘‘small entities’’ for purposes of a regulatory flexibility analysis.

Of the numerous manufacturers to this rule include testing, reporting, represents a significant technological supplying the U.S. market for highway and record keeping requirements. challenge and is a potentially infeasible motorcycles, Honda, Harley Davidson, Testing requirements for some limit for these small manufacturers. As Yamaha, Kawasaki, Suzuki, and BMW manufacturers may include certification noted above, many of these are the largest, accounting for 95 percent (including deterioration testing). manufacturers market specialty or more of the total U.S. sales. Harley- Reporting requirements would likely products with a ‘‘retro’’ simplicity and Davidson is the only company include test data and technical data on style that may not easily lend itself to manufacturing highway motorcycles the engines including defect reporting. the addition of advanced technologies exclusively in the U.S. for the U.S. Manufacturers would likely have to like catalysts and electronic fuel market. keep records of this information. injection. However, the California ARB Since highway motorcycles have had has acknowledged that, in the course of to meet emission standards for the last 5. Steps Taken To Minimize the Impact their progress review planned for 2006, twenty years, we have good information on Small Entities they will revisit their small- on the number of companies that The SBAR Panel considered a variety manufacturer provisions. We plan to manufacture or market highway of provisions to reduce the burden of participate with the ARB and others in motorcycles for the U.S. market in each complying with new emission standards the 2006 progress review. Following our model year. In addition to the big six and related requirements. Some of these review of these provisions, as manufacturers noted above, we find as provisions (such as emission-credit appropriate, we may decide to propose many as several dozen more companies programs and hardship provisions) to make changes to the emission that have operated in the U.S. market in would apply to all companies, while standards and related requirements the last couple of model years. Most of others would be targeted at the unique through notice and comment these are U.S. companies that are either circumstances faced by small rulemaking, including the applicability manufacturing or importing businesses. A complete discussion of of Tier 2 to small businesses. The motorcycles, although a few are U.S. the regulatory alternatives hardship provisions described below affiliates of larger companies in Europe recommended by the Panel can be could be used to provide a small or Asia. Some of the U.S. manufacturers found in the Final Panel Report. manufacturer with yet additional lead employ only a few people and produce The following Panel time if justified. only a handful of custom motorcycles recommendations are being finalized in ii. Broader Engine Families per year, while others may employ this rule: Small businesses have met EPA several hundred and produce up to i. Delay of Proposed Standards several thousand motorcycles per year. certification requirements since 1978. We are delaying compliance with the Nonetheless, certifying motorcycles to 4. Potential Reporting, Record Keeping, Tier 1 standard of 1.4 g/km HC+NOX revised emission standards has cost and and Compliance until the 2008 model year for small lead time implications. Relaxing the For any emission control program, we manufacturers, and at this time, we are criteria for what constitutes an engine or must have assurances that the regulated not requiring these manufacturers to vehicle family could potentially allow engines will meet the standards. meet the Tier 2 standard. The existing small businesses to put all of their Historically, EPA programs have California regulations do not require models into one vehicle or engine included provisions placing small manufacturers to comply with the family (or more) for certification manufacturers responsible for providing Tier 2 standard of 0.8 g/km HC+NOX. purposes. Manufacturers would then these assurances. The program that we The California Air Resources Board certify their engines using the ‘‘worst are adopting for manufacturers subject found that the Tier 2 standard case’’ configuration within the family.

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This is currently allowed under the control cause a failure to comply, and effective, or least burdensome existing regulations for small-volume the failure to sell the noncompliant alternative that achieves the objectives highway motorcycle manufacturers. product would have a major impact on of the rule. The provisions of section These provisions remain in place the company’s solvency. 205 do not apply when they are without revision. inconsistent with applicable law. 6. Conclusion Moreover, section 205 allows EPA to iii. Averaging, Banking, and Trading After considering the economic adopt an alternative other than the least An emission-credit program allows a impacts of today’s final rule on small costly, most cost-effective, or least manufacturer to produce and sell entities, EPA has concluded that this burdensome alternative if the engines and vehicles that exceed the action will not have a significant Administrator publishes with the final applicable emission standards, as long economic impact on a substantial rule an explanation of why that as the excess emissions are offset by the number of small entities. We have alternative was not adopted. production of engines and vehicles conducted a substantial outreach Before EPA establishes any regulatory emitting at levels below the standards. program designed to gather information requirements that may significantly or The sales-weighted average of a as to the effect of this final rulemaking uniquely affect small governments, manufacturer’s total production for a on small entities. This process included including tribal governments, it must given model year must meet the an SBAR Panel, which sought advice have developed under section 203 of the standards. An emission-credit program and recommendations from potentially UMRA a small government agency plan. typically also allows a manufacturer to affected small entities regarding ways to The plan must provide for notifying bank credits for use in future model minimize their compliance burden. We potentially affected small governments, years. The emission-credit program we published both an ANPRM and an enabling officials of affected small are implementing for all highway NPRM which requested comments from governments to have meaningful and motorcycle manufacturers is described potentially affected entities, as well as timely input in the development of EPA above. Some credit programs allow other interested parties in the public at regulatory proposals with significant manufacturers to buy and sell credits large. We have determined, from the Federal intergovernmental mandates, (trade) between and among themselves. information that we have gathered and informing, educating, and advising We are not implementing such a during the SBREFA process, that there small governments on compliance with provision at this time, but such are 42 manufacturers that certified the regulatory requirements. flexibility could be made available to all motorcycles in the year 2003. Of these, This rule contains no Federal small manufacturers as part of the 30 manufacturers are small by the mandates for state, local, or tribal upcoming technology review. SBREFA definition given above. governments as defined by the However, certification emission data provisions of Title II of the UMRA. The iv. Reduced Certification Data Submittal indicates that essentially all of these 30 rule imposes no enforceable duties on and Testing Requirements manufacturers are currently meeting the any of these governmental entities. Current regulations allow significant Tier 1 exhaust emission standard. Given Nothing in the rule would significantly flexibility for certification by small costs of complying with the or uniquely affect small governments. manufacturers projecting sales below permeation evaporative emission We have determined that this rule 10,000 units of combined Class I, II, and requirements and the lead time and does not contain a Federal mandate that III motorcycles. For example, a other flexibilities that are being may result in estimated expenditures of qualifying manufacturer must submit an finalized in this rulemaking, these more than $100 million to the private application for certification with a manufacturers will not be significantly sector in any single year. We believe statement that their vehicles have been affected by the rule. that this final rule represents the least tested and, on the basis of the tests, Therefore, we have determined that costly, most cost effective approach to conform to the applicable emission this final rulemaking will not have a achieve the air quality goals of the rule. standards. The manufacturer retains significant economic impact on a The costs and benefits are discussed in adequate emission test data, for substantial number of small entities. Section VII and in the Final Regulatory example, but need not submit it. D. Unfunded Mandates Reform Act Support Document. Qualifying manufacturers also need not complete the detailed durability testing Title II of the Unfunded Mandates E. Executive Order 13132: Federalism required in the regulations. We are Reform Act of 1995 (UMRA), Public Executive Order 13132, entitled incorporating no changes to these Law 104–4, establishes requirements for ‘‘Federalism’’ (64 FR 43255, August 10, existing provisions. Federal agencies to assess the effects of 1999), requires EPA to develop an their regulatory actions on state, local, accountable process to ensure v. Hardship Provisions and tribal governments and the private ‘‘meaningful and timely input by State We proposed two types of hardship sector. Under section 202 of the UMRA, and local officials in the development of provisions, one specifically for small EPA generally must prepare a written regulatory policies that have federalism businesses and one available to all statement, including a cost-benefit implications.’’ ‘‘Policies that have manufacturers. The first type of analysis, for proposed and final rules federalism implications’’ is defined in hardship provision allows a with ‘‘Federal mandates’’ that may the Executive Order to include manufacturer to petition for additional result in expenditures to state, local, regulations that have ‘‘substantial direct lead time if the manufacturer can and tribal governments, in the aggregate, effects on the States, on the relationship demonstrate that it has taken all or to the private sector, of $100 million between the national government and possible steps to comply with the or more in any one year. Before the States, or on the distribution of standards but the burden of compliance promulgating an EPA rule for which a power and responsibilities among the would have a significant impact on the written statement is needed, section 205 various levels of government.’’ company’s solvency. The second type of of the UMRA generally requires EPA to Under Section 6 of Executive Order hardship provision allows a company to identify and consider a reasonable 13132, EPA may not issue a regulation apply for hardship relief if number of regulatory alternatives and that has federalism implications, that circumstances outside of the company’s adopt the least costly, most cost- imposes substantial direct compliance

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costs, and that is not required by statute, Executive Order to include regulations supply, distribution or use of energy. unless the Federal government provides that have ‘‘substantial direct effects on The standards have for their aim the the funds necessary to pay the direct one or more Indian tribes, on the reduction of emissions from highway compliance costs incurred by State and relationship between the Federal motorcycles, and have no effect on fuel local governments, or EPA consults with government and the Indian tribes, or on formulation, distribution, or use. State and local officials early in the the distribution of power and Generally, the program leads to reduced process of developing the proposed responsibilities between the Federal fuel usage due to the reduction of regulation. EPA also may not issue a government and Indian tribes.’’ wasted fuel through evaporation. regulation that has federalism This final rule does not have tribal I. National Technology Transfer and implications and that preempts State implications. It will not have substantial Advancement Act law, unless the Agency consults with direct effects on tribal governments, on State and local officials early in the the relationship between the Federal Section 12(d) of the National process of developing the proposed government and Indian tribes, or on the Technology Transfer and Advancement regulation. distribution of power and Act of 1995 (‘‘NTTAA’’), Public Law Section 4 of the Executive Order responsibilities between the Federal 104–113, section 12(d) (15 U.S.C. 272 contains additional requirements for government and Indian tribes, as note) directs EPA to use voluntary rules that preempt State or local law, specified in Executive Order 13175. consensus standards in its regulatory even if those rules do not have This rule contains no Federal mandates activities unless doing so would be federalism implications (i.e., the rules for tribal governments. Thus, Executive inconsistent with applicable law or will not have substantial direct effects Order 13175 does not apply to this rule. otherwise impractical. Voluntary on the States, on the relationship consensus standards are technical G. Executive Order 13045: Protection of between the national government and standards (e.g., materials specifications, Children From Environmental Health the states, or on the distribution of test methods, sampling procedures, and and Safety Risks power and responsibilities among the business practices) that are developed or various levels of government). Those Executive Order 13045, ‘‘Protection of adopted by voluntary consensus requirements include providing all Children from Environmental Health standards bodies. NTTAA directs EPA affected State and local officials notice Risks and Safety Risks’’ (62 FR 19885, to provide Congress, through OMB, and an opportunity for appropriate April 23, 1997) applies to any rule that explanations when the Agency decides participation in the development of the (1) is determined to be ‘‘economically not to use available and applicable regulation. If the preemption is not significant’’ as defined under Executive voluntary consensus standards. based on express or implied statutory Order 12866, and (2) concerns an This final rule involves technical authority, EPA also must consult, to the environmental health or safety risk that standards. The following paragraphs extent practicable, with appropriate EPA has reason to believe may have a describe how we specify testing State and local officials regarding the disproportionate effect on children. If procedures for engines subject to this conflict between State law and the regulatory action meets both criteria, proposal. Federally protected interests within the section 5–501 of the Order directs the We are adopting provisions to test agency’s area of regulatory Agency to evaluate the environmental exhaust emissions from highway responsibility. health or safety effects of the planned motorcycles with the Federal Test This final rule does not have rule on children, and explain why the Procedure, a chassis-based transient federalism implications. It will not have planned regulation is preferable to other test. There is no voluntary consensus substantial direct effects on the States, potentially effective and reasonably standard that would adequately address on the relationship between the national feasible alternatives considered by the engine or vehicle operation for suitable government and the States, or on the Agency. emission measurement. distribution of power and This final rule is not subject to the For permeation emissions, we are responsibilities among the various Executive Order because it does not adopting testing provisions which levels of government, as specified in involve decisions on environmental utilize consensus standards where Executive Order 13132. health or safety risks that may applicable. For fuel hose testing we are Although Section 6 of Executive disproportionately affect children. adopting the hose permeation standard Order 13132 does not apply to this rule, The effects of ozone and PM on developed by the Society of Automotive EPA did consult with representatives of children’s health were addressed in Engineers. There is no voluntary various State and local governments in detail in EPA’s rulemaking to establish consensus standard for testing developing this rule. EPA has also the NAAQS for these pollutants, and permeation emissions from fuel tanks. consulted representatives from EPA is not revisiting those issues here. Therefore, we are adopting provisions to STAPPA/ALAPCO, which represents EPA believes, however, that the use the permeation emission test state and local air pollution officials. emission reductions from the strategies procedures recently adopted for proposed in this rulemaking will further nonroad recreational vehicles. F. Executive Order 13175: Consultation reduce air toxics and the related adverse and Coordination With Indian Tribal J. Congressional Review Act impacts on children’s health. Governments The Congressional Review Act, 5 Executive Order 13175, entitled H. Executive Order 13211: Actions That U.S.C. 801 et seq., as added by the Small ‘‘Consultation and Coordination with Significantly Affect Energy Supply, Business Regulatory Enforcement Indian Tribal Governments’’ (65 FR Distribution, or Use Fairness Act of 1996, generally provides 67249, November 6, 2000), requires EPA This rule is not a ‘‘significant energy that before a rule may take effect, the to develop an accountable process to action’’ as defined in Executive Order agency promulgating the rule must ensure ‘‘meaningful and timely input by 13211, ‘‘Actions Concerning Regulations submit a rule report, which includes a tribal officials in the development of That Significantly Affect Energy Supply, copy of the rule, to each House of the regulatory policies that have tribal Distribution, or Use’’ (66 FR 28355 (May Congress and to the Comptroller General implications.’’ ‘‘Policies that have tribal 22, 2001)) because it is not likely to of the United States. EPA will submit a implications’’ is defined in the have a significant adverse effect on the report containing this rule and other

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required information to the U.S. Senate, information, Labeling, Motor vehicle PART 86—CONTROL OF EMISSIONS the U.S. House of Representatives, and pollution, Reporting and recordkeeping FROM NEW AND IN-USE HIGHWAY the Comptroller General of the United requirements. VEHICLES AND ENGINES States before the rule is published in the 40 CFR Part 90 Federal Register. This rule is not a ■ 3. The authority citation for part 86 ‘‘major rule’’ as defined by 5 U.S.C. Administrative practice and continues to read as follows: 804(2). procedure, Air pollution control, Authority: 42 U.S.C. 7401—7671q. Confidential business information, K. Plain Language Imports, Labeling, Reporting and Subpart E—[Amended] This document follows the guidelines recordkeeping requirements, Research, of the June 1, 1998 Executive Warranties. ■ 4. A new § 86.401–2006 is added to read as follows: Memorandum on Plain Language in 40 CFR Part 1051 Government Writing. To read the text of § 86.401–2006 General applicability. the regulations, it is also important to Environmental protection, understand the organization of the Code Administrative practice and procedure, This subpart applies to 1978 and later of Federal Regulations (CFR). The CFR Air pollution control, Confidential model year, new, gasoline-fueled uses the following organizational names business information, Imports, Labeling, motorcycles built after December 31, and conventions. Penalties, Reporting and recordkeeping 1977, and to 1990 and later model year, Title 40—Protection of the requirements, Warranties. new methanol-fueled motorcycles built after December 31, 1989 and to 1997 Environment Dated: December 23, 2003. Chapter I—Environmental Protection and later model year, new natural gas- Michael O. Leavitt, fueled and liquefied petroleum gas- Agency Administrator. Subchapter C—Air Programs. This fueled motorcycles built after December contains parts 50 to 99, where the Office ■ For the reasons set out in the preamble, 31, 1996 and to 2006 and later model of Air and Radiation has usually placed title 40, chapter I of the Code of Federal year new motorcycles, regardless of fuel. emission standards for motor vehicle Regulations is amended as set forth ■ 5. Section 86.402–98 is amended by and nonroad engines. below. adding definitions for ‘‘Designated Subchapter U—Air Programs Compliance Officer’’, ‘‘Motor vehicle’’, Supplement. This contains parts 1000 to PART 9—[AMENDED] and ‘‘Useful life’’ in alphabetical order to 1299, where we intend to place ■ 1. The authority citation for part 9 read as follows: regulations for air programs in future continues to read as follows: rulemakings. § 86.402–98 Definitions. Part 1045—Control of Emissions from Authority: 7 U.S.C. 135 et seq., 136–136y; * * * * * 15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; Designated Compliance Officer means Marine Spark-ignition Engines and 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 Vessels U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318 the Manager, Engine Programs Group Part 1068—General Compliance 1321, 1326, 1330, 1342 1344, 1345 (d) and (6405–J), U.S. Environmental Protection Provisions for Engine Programs. (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, Agency, 1200 Pennsylvania Ave., Provisions of this part apply to 1971–1975 Comp. p. 973; 42 U.S.C. 241, Washington, DC 20460. everyone. 242b, 243, 246, 300f, 300g, 300g–1, 300g–2, * * * * * Each part in the CFR has several 300g–3, 300g–4, 300g–5, 300g–6, 300j–1, Motor vehicle has the meaning we subparts, sections, and paragraphs. The 300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., 6901–6992k, 7401–7671q, 7542, 9601–9657, give in 40 CFR 85.1703. following illustration shows how these 11023, 11048. * * * * * fit together. Useful life is defined for each class ■ Part 1045 2. Section 9.1 is amended in the table (see § 86.419) of motorcycle: Subpart A by adding the entries under the existing (1) Class I–A—5.0 years or 6,000 km Section 1045.1 center heading in numerical order to (3,728 miles), whichever occurs first. (a) read as follows: (2) Class I–B—5.0 years or 12,000 km (b) (7,456 miles), whichever occurs first. (1) § 9.1 OMB approvals under the Paperwork Reduction Act. (3) Class II—5.0 years or 18,000 km (2) (11,185 miles), whichever occurs first. * * * * * (i) (4) Class III—5.0 years or 30,000 km (ii) (18,641 miles), whichever occurs first. (A) OMB 40 CFR citation ■ (B) control no. 6. Section 86.407–78 is revised to read as follows: A cross reference to § 1045.1(b) in this illustration would refer to the parent *****§ 86.407–78 Certificate of conformity paragraph (b) and all its subordinate required. paragraphs. A reference to ‘‘§ 1045.1(b) Control of Air Pollution From New and In- (a) General requirement. Every new introductory text’’ would refer only to Use Motor Vehicles and New and In-Use motorcycle manufactured for sale, sold, the single, parent paragraph (b). Motor Vehicle Engines; Certification and Test Procedures offered for sale, introduced or delivered List of Subjects for introduction into commerce, or imported into the United States which 40 CFR Part 9 *****is subject to any of the standards Reporting and recordkeeping 86.446–2006 ...... 2060–0460 prescribed in this subpart is required to requirements. 86.447–2006 ...... 2060–0460 be covered by a certificate of conformity 86.448–2006 ...... 2060–0460 issued pursuant to this subpart, except 40 CFR Part 86 86.449–2006 ...... 2060–0460 as specified in paragraph (b) of this Administrative practice and *****section, or otherwise exempted from procedure, Confidential business this requirement.

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(b) Interim personal use exemption. (iii) Anyone selling or leasing a (b) The standards set forth in An individual may manufacture one motorcycle exempt under this paragraph paragraphs (a) (1) and (2) of this section motorcycle for personal use without a (c) must ensure that the buyer or lessee refer to the exhaust emitted over the certificate of conformity, subject to the agrees to comply with the display driving schedule as set forth in subpart following provisions: exemption terms in the regulations. F and measured and calculated in (1) The motorcycle may not be (3) Each motorcycle exempt under accordance with those procedures. manufactured from a certified this paragraph (c) must include a label (c) Compliance with the HC+NOX motorcycle. The motorcycle may not be that identifies the manufacturer and standards set forth in paragraph (a)(2) of manufactured from a partially complete includes the following statement: THIS this section may be demonstrated using motorcycle that is equivalent to a MOTORCYCLE IS EXEMPT FROM EPA the averaging provisions of § 86.449. certified motorcycle, unless the EMISSION REQUIREMENTS. ITS USE (d) No crankcase emissions shall be emission controls are included in the ON PUBLIC ROADS IS LIMITED discharged into the ambient atmosphere final product. The motorcycle must be PURSUANT TO 40 CFR 86.407–78(c). from any new motorcycle subject to this manufactured primarily from EPA may allow manufacturers to locate subpart. unassembled components, but may the label in a location where it is (e) Manufacturers with fewer than 500 incorporate some preassembled obscured or hidden by a readily employees worldwide and producing components. For example, fully removable component. For example, fewer than 3,000 motorcycles per year preassembled transmissions may be EPA may allow the label to be located in the United States are considered used. under the seat. small-volume manufacturers for the (2) The motorcycle may not be sold (4) As described in 40 CFR part 1051, purposes of this section. The following within five years of the date of final motorcycles that are not considered to provisions apply for these small-volume assembly. be motor vehicles according to 40 CFR manufacturers: (1) Small-volume manufacturers are (3) No individual may manufacture 85.1703(a) may be exempt under this not required to comply with the Tier 1 more than one motorcycle during his or paragraph (c) from the standards and standards applicable to Class III her lifetime under this exemption. This requirements of 40 CFR part 1051. Such motorcycles shall be combined with the motorcycles until model year 2008. restriction applies with respect to the (2) Small-volume manufacturers are person who purchases the components manufacturer’s highway motorcycles with respect to the sales restriction not required to comply with the Tier 2 and/or uses the motorcycle, rather than standards applicable to Class III to the person(s) who actually described in paragraph (c)(2)(ii) of this section. motorcycles. assemble(s) the motorcycle. (f) Manufacturers may choose to (5) This exemption may not be used (4) This exemption may not be used certify their Class I and Class II to circumvent the requirements of to circumvent the requirements of motorcycles to an HC + NO standard paragraph (a) of this section or the X paragraph (a) of this section or the of 1.4 g/km instead of the 1.0 g/km HC requirements of the Clean Air Act. requirements of the Clean Air Act. For standard listed in paragraph (a)(1) of ■ example, this exemption would not 7. A new § 86.410–2006 is added to this section. Engine families certified to cover a case in which an entity read as follows: this standard may demonstrate purchases a kit, assembles the kit, and compliance using the averaging then sells it to another party; this would § 86.410–2006 Emission standards for 2006 and later model year motorcycles. provisions of § 86.449. be considered to be the sale of the (g) Model year 2008 and later complete motorcycle. (a)(1) Exhaust emissions from Class I and Class II motorcycles shall not motorcycles must comply with the (c) Interim display exemptions. evaporative emission standards Uncertified custom motorcycles that are exceed the standards listed in the following table: described in 40 CFR 1051.110. used solely for display purposes are Manufacturers may show compliance exempt from the standards provided TABLE E2006–1.—CLASS I AND II using the design-based certification they conform to the requirements of this procedures described in 40 CFR MOTORCYCLE EMISSION STANDARDS paragraph (c). Unless a certificate of 1051.245. Manufacturers may comply conformity has been received for such Emission standards with the tank permeation standards motorcycles, they may not be operated (g/km) using the averaging provisions in 40 on the public streets or highways except Model year CFR part 1051, subpart H, but may not for that operation incident and HC CO include any motorcycles equipped with necessary to the display purpose. metal fuel tanks in their average 2006 and later .. 1.0 12.0 (1) No request is necessary for display emission level. Manufacturers may not motorcycles that will not be sold or average between highway motorcycle (2) Exhaust emissions from Class III leased. engine families and recreational vehicle motorcycles shall not exceed the (2) The following requirements apply families. standards listed in the following table: for exempting display motorcycles that ■ 8. Section 86.416–80 is amended by will be sold or leased: TABLE E2006–2.—CLASS III revising the introductory text of (i) Manufacturers planning to sell paragraph (b) and adding paragraphs MOTORCYCLE EMISSION STANDARDS motorcycles for display must notify EPA (a)(2)(viii) and (f) to read as follows: of their intent to do so before they sell Emission stand- § 86.416–80 Application for certification. any exempted motorcycles. They must ards also maintain sales records of exempted Tier Model year (g/km) (a) * * * motorcycles for at least three years and (2) * * * make them available to EPA upon HC + NOX CO (viii) Beginning with model year request. 2008, a description of the evaporative Tier 1 .... 2006–2009 1.4 12.0 (ii) No manufacturer may sell or lease emission controls and applicable test Tier 2 .... 2010 and 0.8 12.0 data. more than 24 exempted display later. motorcycles in any single calendar year. * * * * *

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(b) New motorcycles produced by a permit you to introduce into commerce § 86.446–2006 What are the provisions for small-volume manufacturer (as defined highway motorcycles that do not extending compliance deadlines for small- in § 86.410(e)) or by any other comply with emission standards if all volume manufacturers under hardship? manufacturer whose projected sales in the following conditions and (a) After considering the the United States is less than 10,000 requirements apply: circumstances, the Director of the Office units (for the model year in which (1) Unusual circumstances that are of Transportation and Air Quality may certification is sought) are covered by clearly outside your control and that extend the compliance deadline for you the following: could not have been avoided with to meet new or revised emission * * * * * reasonable discretion prevent you from standards, as long as you meet all the (f) Upon request, the Administrator meeting requirements from this chapter. conditions and requirements in this may allow a manufacturer to use section. (2) You exercised prudent planning (b) To be eligible for this exemption, alternate certification procedures that and were not able to avoid the violation; are equivalent in terms of demonstrating you must qualify as a small-volume you have taken all reasonable steps to manufacturer under § 86.410–2006(e). compliance with the requirements of minimize the extent of the this part. (c) To apply for an extension, you nonconformity. must send the Designated Compliance ■ 9. A new § 86.419–2006 is added to (3) Not having the exemption will Officer a written request. In your read as follows: jeopardize the solvency of your request, show that all the following § 86.419–2006 Engine displacement, company. conditions and requirements apply: motorcycle classes. (4) No other allowances are available (1) You have taken all possible (a)(1) Engine displacement shall be under the regulations of this part to business, technical, and economic steps calculated using nominal engine values avoid the impending violation, to comply. and rounded to the nearest whole cubic excluding those in § 86.446. (i) In the case of importers, show that centimeter, in accordance with ASTM E (b) To apply for an exemption, you you attempted to find a manufacturer 29–93a (incorporated by reference in must send the Designated Compliance capable of supplying complying § 86.1). Officer a written request as soon as products as soon as you became aware (2) For rotary engines, displacement possible before you are in violation. In of the applicable requirements, but were means the maximum volume of a your request, show that you meet all the unable to do so. (ii) For all other manufacturers, show combustion chamber between two rotor conditions and requirements in that the burden of compliance costs tip seals, minus the minimum volume of paragraph (a) of this section. prevents you from meeting the the combustion chamber between those (c) Include in your request a plan two rotor tip seals, times three times the requirements of this chapter. showing how you will meet all the (2) Not having the exemption will number of rotors, according to the applicable requirements as quickly as jeopardize the solvency of your following formula: possible. company. ¥ cc = (max. chamber volume min. (d) You must give us other relevant (3) No other allowances are available × × chamber volume) 3 no. of rotors information if we ask for it. under the regulations in this part to (b) Motorcycles will be divided into (e) We may include reasonable avoid the impending violation, classes based on engine displacement. additional conditions on an approval excluding those in § 86.445. (1) Class I—0 to 169 cc (0 to 10.4 cu. granted under this section, including (d) In describing the steps you have in.). provisions to recover or otherwise taken to comply under paragraph (c)(1) (i) Class I motorcycles with engine address the lost environmental benefit of this section, include at least the displacement less than 50 cc comprise or paying fees to offset any economic following information: the Class I–A subclass. gain resulting from the exemption. For (1) Describe your business plan, (ii) Class I motorcycles with engine example, in the case of multiple tiers of showing the range of projects active or displacement 50 cc or higher comprise emission standards, we may require that under consideration. the Class I–B subclass. you meet the less stringent standards. (2) Describe your current and (2) Class II—170 to 279 cc (10.4 to projected financial standing, with and (f) Add a permanent, legible label, 17.1 cu. in.). without the burden of complying fully written in block letters in English, to a (3) Class III—280 cc and over (17.1 cu. with the regulations in this part. readily visible part of each motorcycle in. and over). (3) Describe your efforts to raise exempted under this section. This label (c) At the manufacturer’s option, a capital to comply with regulations in must include at least the following vehicle described in an application for this part (this may not apply for items: certification may be placed in a higher importers). class (larger displacement). All (1) The label heading ‘‘EMISSION (4) Identify the engineering and procedures for the higher class must CONTROL INFORMATION’’. technical steps you have taken or plan then be complied with and compliance (2) Your corporate name and to take to comply with the regulations with emission standards will be trademark. in this part. determined on the basis of engine (3) Engine displacement (in liters) and (5) Identify the level of compliance displacement. model year of the engine or whom to you can achieve. For example, you may ■ 10. A new § 86.445–2006 is added to contact for further information. be able to produce engines that meet a somewhat less stringent emission subpart E to read as follows: (4) The statement ‘‘THIS standard than the regulations require. MOTORCYCLE IS EXEMPT UNDER 40 § 86.445–2006 What temporary provisions (e) Include in your request a plan CFR 86.445–2006 FROM EMISSION address hardship due to unusual showing how you will meet all the STANDARDS AND RELATED circumstances? applicable requirements as quickly as REQUIREMENTS.’’. (a) After considering the possible. circumstances, the Director of the Office ■ 11. A new § 86.446–2006 is added to (f) You must give us other relevant of Transportation and Air Quality may subpart E to read as follows: information if we ask for it.

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(g) An authorized representative of reasonably expect to increase its exhaust section, they will be subject to the your company must sign the request and emissions. For example, if you make standards and prohibitions of this part. include the statement: ‘‘All the any of the following changes to one of Producing these vehicles without a information in this request is true and these engines, you do not qualify for valid exemption or certificate of accurate, to the best of my knowledge.’’ this exemption: conformity would violate the (h) Send your request for this (i) Change any fuel system parameters prohibitions in Clean Air Act section extension at least nine months before from the certified configuration. 203 (42 U.S.C. 7522). new standards apply. Do not send your (ii) Change any other emission-related (g) Upon request, you must send to request before the regulations in components. EPA emission test data on the duty question apply to other manufacturers. (iii) Modify or design the engine cycle for Class I motorcycles. You may (i) We may include reasonable cooling system so that temperatures or include the data in your application for requirements on an approval granted heat rejection rates are outside the certification or in your letter requesting under this section, including provisions original engine’s specified ranges. the exemption. to recover or otherwise address the lost (3) You must make sure the engine (h) Vehicles exempted under this environmental benefit. For example, we has the emission label we require under section are subject to all the may require that you meet a less 40 CFR part 90 or part 1051. requirements affecting engines and stringent emission standard or buy and (4) You must make sure that fewer vehicles under 40 CFR part 90 or part use available emission credits. than 50 percent of the engine model’s 1051, as applicable. The requirements (j) We will approve extensions of up total sales, from all companies, are used and restrictions of 40 CFR part 90 or to one year. We may review and revise in highway motorcycles. 1051 apply to anyone manufacturing an extension as reasonable under the (d) If you produce only the engine, these engines, anyone manufacturing circumstances. give motorcycle manufacturers any vehicles that use these engines, and all (k) Add a permanent, legible label, necessary instructions regarding what other persons in the same manner as if written in block letters in English, to a they may or may not change under these engines were used in a nonroad readily visible part of each motorcycle paragraph (c)(2) of this section. Upon application. exempted under this section. This label request, send EPA a list the motorcycle ■ 13. A new § 86.448–2006 is added to must include at least the following models you expect to be produced subpart E to read as follows: items: under this exemption in the model year (1) The label heading ‘‘EMISSION (including motorcycles produced under § 86.448–2006 What are the provisions for CONTROL INFORMATION’’. § 86.448–2006), and the manufacturers producing motorcycles under 50 cc with (2) Your corporate name and of those motorcycles. engines already certified under other trademark. (e) If you produce both the engine and programs? (3) Engine displacement (in liters) and motorcycle under this exemption, you (a) You may produce a highway model year of the motorcycle or whom must do all of the following to keep the motorcycle (that is, a motorcycle that is to contact for further information. exemption valid: a motor vehicle) under 50 cc using a (4) The statement ‘‘THIS (1) Make sure the original emission nonroad engine if you meet four criteria: MOTORCYCLE IS EXEMPT UNDER 40 label is intact. (1) The engine or vehicle is certified CFR 86.446 FROM EMISSION (2) Add a permanent supplemental to 40 CFR part 90 or part 1051. STANDARDS AND RELATED label to the engine in a position where (2) The engine is not adjusted outside REQUIREMENTS.’’. it will remain clearly visible after the engine manufacturer’s ■ 12. A new § 86.447–2006 is added to installation in the vehicle. In your specifications, as described in § 86.447– subpart E to read as follows: engine’s emission label, do the 2006(c)(2) and (d). following: (3) The engine or vehicle is not § 86.447–2006 What are the provisions for (i) Include the heading: ‘‘Highway modified in any way that may affect its exempting motorcycles under 50 cc from Motorcycle Emission Control emission control. the requirements of this part if they use Information’’. (4) Fewer than 50 percent of the engines certified under other programs? (ii) Include your full corporate name engine model’s total sales, from all (a) This section applies to you if you and trademark. companies, are used in highway manufacture engines under 50 cc for (iii) State: ‘‘THIS ENGINE WAS motorcycles. installation in a highway motorcycle ADAPTED FOR HIGHWAY USE (b) If you produce a motorcycle under (that is, a motorcycle that is a motor WITHOUT AFFECTING ITS EMISSION this exemption, you must do all of the vehicle). See § 86.448–2006 if you are CONTROLS.’’. following to keep the exemption valid: not the engine manufacturer. (iv) State the date you finished (1) Make sure the original emission (b) The only requirements or installation (month and year). label is intact. prohibitions from this part that apply to (3) Send the Designated Compliance (2) Add a permanent supplemental a motorcycle that is exempt under this Officer a signed letter by the end of each label to the motorcycle in a position section are in this section and § 86.448– calendar year (or less often if we tell where it will remain clearly visible. 2006. you) with all the following information: (i) Include the heading: ‘‘Highway (c) If you meet all the following (i) Identify your full corporate name, Motorcycle Emission Control criteria regarding your new engine, it is address, and telephone number. Information’’. exempt under this section: (ii) List the motorcycle models you (ii) Include your full corporate name (1) You must produce it under a valid expect to produce under this exemption and trademark. certificate of conformity for one of the in the coming year. (iii) State: ‘‘THIS MOTORCYCLE following types of engines or vehicles: (iii) State: ‘‘We produce each listed WAS PRODUCED WITH A NONROAD (i) Class II engines under 40 CFR part model as a highway motorcycle without ENGINE FOR HIGHWAY USE 90. making any changes that could increase WITHOUT AFFECTING THE ENGINE’S (ii) Recreational vehicles under 40 its certified emission levels, as EMISSION CONTROLS.’’. CFR part 1051. described in 40 CFR 86.447.’’. (c) This section does not apply if you (2) You must not make any changes to (f) If your vehicles do not meet the manufacture the engine yourself; see the certified engine that we could criteria listed in paragraph (c) of this § 86.447–2006.

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(d) Upon request, you must send to ■ 14. A new § 86.449 is added to subpart section. To do this you must show that EPA emission test data on the duty E to read as follows: your average emission levels are at or cycle for Class I motorcycles. below the applicable standards in § 86.449 Averaging provisions. (e) Vehicles exempted under this § 86.410–2006. section are subject to all the (a) This section describes how and (2) Compliance with the Class III requirements affecting engines and when averaging may be used to show HC+NOX standards set forth in vehicles under 40 CFR part 90 or part compliance with applicable HC+NOX 1051, as applicable. The requirements emission standards. Emission credits § 86.410–2006 (a)(2) may be and restrictions of 40 CFR part 90 or may not be banked for use in later demonstrated using the averaging 1051 apply to anyone manufacturing model years, except as specified in provisions of this section. To do this these engines, anyone manufacturing paragraph (j) of this section. you must show that your average vehicles that use these engines, and all (1) Compliance with the Class I and emission levels are at or below the applicable standards in § 86.410–2006. other persons in the same manner as if Class II HC+NOX standards set forth in these engines were used in a nonroad § 86.410–2006 (f) may be demonstrated (3) Family emission limits (FELs) may application. using the averaging provisions of this not exceed the following caps:

FEL cap Class Tier Model year (g/km)

HC+NOX

Class I or II ...... Tier 1 ...... 2006 and later ...... 5.0 Class III ...... Tier 1 ...... 2006–2009 ...... 5.0 Tier 2 ...... 2010 and later ...... 2.5

(b) Do not include any exported (2) Calculate a preliminary average (d) Calculate your average emission vehicles in the certification averaging emission level according to paragraph level for each averaging set for each program. Include only motorcycles (d) of this section using projected model year according to the following certified under this subpart and production volumes for your equation and round it to the nearest intended for sale in the United States. application for certification. tenth of a g/km. Use consistent units (3) After the end of your model year, throughout the calculation. The (c) To use the averaging program, do calculate a final average emission level averaging sets are defined in paragraph the following things: according to paragraph (d) of this (k) of this section. (1) Certify each vehicle to a family section for each averaging set for which (1) Calculate the average emission emission limit. you manufacture or import motorcycles. level as:

    ()× ()× ()()× () Emission level =∑∑ FEL i ULiiPr oduction  Pr oduction ii UL   i   i 

Where: date for the end-of-year report. You may deficit, state the source of credits

FELi = The FEL to which the engine use any additional storage formats or needed to offset the credit deficit. family is certified. media if you like. (g) At the end of each model year, ULi = The useful life of the engine (3) Follow paragraphs (f) through (i) of send an end-of-year report. family. this section to send us the information (1) Make sure your report includes the following things: Productioni = The number of vehicles in you must keep. (4) We may ask you to keep or send (i) Calculate in detail your average the engine family. emission level and any emission credits (2) Use production projections for other information necessary to implement this subpart. based on actual production volumes. initial certification, and actual (ii) If your average emission level is production volumes to determine (f) Include the following information above the allowable average standard, compliance at the end of the model in your application for certification: state the source of credits needed to year. (1) A statement that, to the best of offset the credit deficit. (e)(1) Maintain and keep five types of your belief, you will not have a negative (2) Base your production volumes on properly organized and indexed records credit balance for any motorcycle when the point of first retail sale. This point for each group and for each emission all credits are calculated. This means is called the final product-purchase family: that if you believe that your average location. (i) Model year and EPA emission emission level will be above the (3) Send end-of-year reports to the family. standard (i.e., that you will have a Designated Compliance Officer within (ii) FEL. deficit for the model year), you must 120 days of the end of the model year. (iii) Useful life. have banked credits pursuant to If you send reports later, EPA may void (iv) Projected production volume for paragraph (j) of this section to offset the your certificate ab initio. the model year. deficit. (4) If you generate credits for banking (v) Actual production volume for the (2) Detailed calculations of projected pursuant to paragraph (j) of this section model year. emission credits (zero, positive, or and you do not send your end-of-year (2) Keep paper records of this negative) based on production reports within 120 days after the end of information for three years from the due projections. If you project a credit the model year, you may not use the

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credits until we receive and review your (5) You may correct errors discovered errors in calculating credits according to reports. You may not use projected in your end-of-year report, including the following table: credits pending our review.

If . . . And if . . . Then we . . .

(i) Our review discovers an error in your end-of- The discovery occurs within 180 days of re- Restore the credits for your use. year report that increases your credit balance. ceipt. (ii) You discover an error in your report that in- The discovery occurs within 180 days of re- Restore the credits for your use. creases your credit balance. ceipt. (iii) We or you discover an error in your report The discovery occurs more than 180 days Do not restore the credits for your use. that increases your credit balance. after receipt. (iv) We discover an error in your report that re- At any time after receipt ...... Reduce your credit balance. duces your credit balance.

(h) Include in each report a statement HC+NOX emissions below 0.8 g/km in (2)(i) Calculate bankable credits from certifying the accuracy and authenticity the following optional early banking the following equation: of its contents. program: × ¥ (i) We may void a certificate of Bonus credit = Y [(0.8 g/km (1) To include a Class III motorcycle × conformity for any emission family if Certified emission level)] in the early banking program, assign it [(Production volume of engine you do not keep the records this section × requires or give us the information an emission rate of 0.8 g/km when family) (Useful life)] when we ask for it. calculating your average emission level (ii) The value of Y is defined by the (j) You may include Class III for compliance with the Tier 1 model year and emission level, as motorcycles that you certify with standards. shown in the following table:

Multiplier (Y) for use in MY 2010 or later corporate averaging If your certified emission level Model year is less than 0.8 g/km, but If your certified emission level greater than 0.4 g/km, then Y is less than 0.4 g/km, then Y = = ......

2003 through 2006 ...... 1.500 3.000 2007 ...... 1.375 2.500 2008 ...... 1.250 2.000 2009 ...... 1.125 1.500

(3) Credits banked under this calculate credits and credit deficits for placed into service or that is no longer paragraph (j) may be use for compliance each class or subclass: in their possession. with any 2010 or later model year ¥ Credit = (Average Standard Emission Subpart F—[Amended] standards as follows: Level) × (Total Annual Production) (i) If your average emission level is × (Useful Life) above the average standard, calculate ■ 15.A new § 86.505–2004 is added to your credit deficit according to the Deficit = (Emission Level ¥ Average read as follows: following equation, rounding to the Standard) × (Total Annual × § 86.505–2004 Introduction; structure of nearest tenth of a gram: Production) (Useful Life) subpart. Deficit = (Emission Level ¥ Average (l) Manufacturers participating in the (a) This subpart describes the Standard) × (Total Annual averaging program of this section may equipment required and the procedures Production) × (Useful Life) modify FELs during the model year as to follow in order to perform exhaust (ii) Credit deficits may be offset using specified in this paragraph (l). emission tests on motorcycles. Subpart banked credits. (1) Upon notifying EPA, E sets forth the testing requirements and (k) Credits may not be exchanged manufacturers may raise the FEL for an across averaging sets except as explicitly test intervals necessary to comply with engine family and begin labeling EPA certification procedures. Alternate allowed by this paragraph (k). motorcycles with the new FEL. (1) There are two averaging sets: equipment, procedures, and calculation (i) Class I and Class II motorcycles (2) Manufacturers may ask to lower methods may be used if shown to yield FELs based on test data of production certified to HC+NOX standards. equivalent or superior results, and if (ii) Class III motorcycles. vehicles showing that the motorcycles approved in advance by the (2) Where a manufacturer’s average in the engine family have emissions Administrator. HC+NOX emission level for Class III below the new FEL. Manufacturers must (b) Three topics are addressed in this motorcycles (as calculated under test the motorcycles according to 40 subpart. Sections 86.508 through 86.515 paragraph (d)(1) of this section) is below CFR part 1051, subpart D. set forth specifications and equipment the applicable standard, the Manufacturers may not begin labeling requirements; §§ 86.516 through 86.526 manufacturer may generate credits that motorcycles with the new FEL until discuss calibration methods and may be used show compliance with they have received EPA approval to do frequency; test procedures and data HC+NOX standards for Class I and Class so. requirements are listed (in approximate II motorcycles during the same model (3) Manufacturers may not change the order of performance) in §§ 86.527 year. Use the following equations to FEL of any motorcycle that has been through 86.544.

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(c) For diesel-fueled motorcycles, use from § 86.513–94. Where a paragraph in testing of gasoline-fueled motorcycles. the sampling and analytical procedures § 86.513–94 is identical and applicable Gasoline having the following and the test fuel described in subpart B to § 86.513–2004, this may be indicated specifications or substantially of this part for diesel-fueled light-duty by specifying the corresponding equivalent specifications approved by vehicles. PM measurement is not paragraph and the statement the Administrator, shall be used by the required. ‘‘[Reserved]. For guidance see § 86.513– manufacturer for emission testing ■ 16.A new § 86.513–2004 is added to 94.’’ Where a corresponding paragraph except that the octane specifications do read as follows: of § 86.513–94 is not applicable, this is not apply. § 86.513–2004 Fuel and engine lubricant indicated by the statement ‘‘[Reserved].’’ specifications. (a) Gasoline. (1) Gasoline having the Section 86.513–2004 includes text following specifications will be used by that specifies requirements that differ the Administrator in exhaust emission

TABLE 1 OF § 86.513–2004.—GASOLINE TEST FUEL SPECIFICATIONS

Item Procedure Value

Distillation Range: 1. Initial boiling point, °C ...... ASTM D 86–97 23.9—35.0 1. 2. 10% point, °C ...... ASTM D 86–97 48.9—57.2. 3. 50% point, °C ...... ASTM D 86–97 93.3—110.0. 4. 90% point, °C ...... ASTM D 86–97 148.9—162.8. 5. End point, °C ...... ASTM D 86–97 212.8. Hydrocarbon composition: 1. Olefins, volume % ...... ASTM D 1319–98 10 maximum. 2. Aromatics, volume % ...... ASTM D 1319–98 35 minimum. 3. Saturates ...... ASTM D 1319–98 Remainder. Lead (organic), g/liter ...... ASTM D 3237 0.013 maximum. Phosphorous, g/liter ...... ASTM D 3231 0.005 maximum. Sulfur, weight % ...... ASTM D 1266 0.08 maximum. Volatility (Reid Vapor Pressure), kPa ...... ASTM D 3231 55.2 to 63.41. 1 For testing at altitudes above 1 219 m, the specified volatility range is 52 to 55 kPa and the specified initial boiling point range is 23.9° to 40.6° C.

(2) Unleaded gasoline and engine speed of the motorcycle in km/hr by indicated by expressing the applicable lubricants representative of commercial 58.7. For example, for a motorcycle with standard to three significant figures.) fuels and engine lubricants which will a top speed of 48.3 km/hr (30 mph), the * * * * * be generally available through retail ratio would be 48.3/58.7 = 0.823. The outlets shall be used in service top speed to be used under this section Subpart I—[Amended] accumulation. shall be indicated in the manufacturer’s ■ 19. Section 86.884–14 is amended by (3) The octane rating of the gasoline application for certification, and shall revising the equation in paragraph (a) to used shall be no higher than 4.0 be the highest sustainable speed of the Research octane numbers above the read as follows: motorcycle with an 80 kg rider on a flat minimum recommended by the (a) * * * paved surface. If the motorcycle is manufacturer. equipped with a permanent speed = ×−− LLsm/ (4) The Reid Vapor Pressure of the NNsm100(( 1 1 / 100 ) ) gasoline used shall be characteristic of governor that is unlikely to be removed commercial gasoline fuel during the in actual use, measure the top speed in * * * * * season in which the service the governed configuration; otherwise measure the top speed in the PART 90—CONTROL OF EMISSIONS accumulation takes place. FROM NONROAD SPARK-IGNITION (b) through (d) [Reserved]. For ungoverned configuration. ENGINES AT OR BELOW 19 guidance see § 86.513–94. ■ 18. Section 86.544–90 is amended by KILOWATTS ■ 17. Section 86.515–78 is amended by revising the introductory text to read as adding paragraph (d) to read as follows: ■ follows: 20. The authority citation for part 90 § 86.515–78 EPA urban dynamometer continues to read as follows: driving schedule. § 86.544–90 Calculations; exhaust Authority: 42 U.S.C. 7521, 7522, 7523, emissions. * * * * * 7524, 7525, 7541, 7542, 7543, 7547, 7549, (d) For motorcycles with an engine The final reported test results, with 7550, and 7601(a). displacement less than 50 cc and a top oxides of nitrogen being optional for Subpart A—[Amended] speed less than 58.7 km/hr (36.5 mph), model years prior to 2006 and required the speed indicated for each second of for 2006 and later model years, shall be ■ 21. Section 90.1 is amended by adding operation on the applicable Class I computed by use of the following paragraph (g) to read as follows: driving trace (speed versus time formula: (The results of all emission sequence) in appendix I(c) shall be tests shall be rounded, in accordance § 90.1 Applicability. adjusted downward by the ratio of with ASTM E29–93a (incorporated by * * * * * actual top speed to specified maximum reference in § 86.1), to the number of (g) This part also applies to engines test speed. Calculate the ratio with three places to the right of the decimal point under 50 cc used in motorcycles that are significant figures by dividing the top motor vehicles if the manufacturer uses

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the provisions of 40 CFR 86.447–2006 to (g) This part also applies to engines (c) * * * meet the emission standards in this part under 50 cc used in motorcycles that are (1) * * * instead of the requirements of 40 CFR motor vehicles if the manufacturer uses (i) Calculate the deterioration factor part 86. In this case, compliance with the provisions of 40 CFR 86.447–2006 to from emission tests performed before the provisions of this part is a required meet the emission standards in this part and after the durability tests as condition of that exemption. instead of the requirements of 40 CFR described in § 1051.515(c) and (d) and part 86. Compliance with the provisions using good engineering judgment. The PART 1051—CONTROL OF EMISSIONS of this part is a required condition of FROM RECREATIONAL ENGINES AND durability tests described in that exemption. § 1051.515(d) represent the minimum VEHICLES (h) The evaporative emission requirements for determining a requirements of this part applies to deterioration factor. You may not use a ■ highway motorcycles as specified in 40 22. The authority citation for part 1051 deterioration factor that is less than the CFR part 86. continues to read as follows: difference between evaporative Authority: 42 U.S.C. 7401—7671(q). Subpart C—[Amended] emissions before and after the durability tests as described in § 1051.515(c) and Subpart A—[Amended] ■ 24. Section 1051.245 is amended by (d). revising paragraphs (c)(1)(i) and (e)(2) to * * * * * ■ 23. Section 1051.1 is amended by read as follows: adding new paragraphs (g) and (h) to (e) * * * read as follows: § 1051.245 How do I demonstrate that my (2) For certification to the standards engine family complies with evaporative specified in § 1051.110(b) with the § 1051.1 Does this part apply to me? emission standards? control technologies shown in the * * * * * * * * * * following table:

TABLE 2 OF § 1051.245.—DESIGN-CERTIFICATION TECHNOLOGIES FOR CONTROLLING FUEL-LINE PERMEATION

Then you may design-certify with If the fuel-line permeability control technology is . . . a fuel line permeation emission level of . . .

(i) Hose meeting Category 1 permeation specifications in SAE J2260 (incorporated by reference in 15 g/m 2/day. § 1051.810). (ii) Hose meeting the R11–A or R12 permeation specifications in SAE J30 (incorporated by reference in 15 g/m 2/day. § 1051.810).

* * * * * lines. As an alternative, you may use surface area of 0.72 m2 weighed 31882.3 Fuel CE10, which is Fuel C as specified grams at the beginning of the test and Subpart F—Test Procedures in ASTM D 471–98 (incorporated by weighed 31760.2 grams after soaking for reference in § 1051.810) blended with 25.03 days, then the g/m2/day emission ■ 25. Section 1051.501 is amended by 10 percent ethanol by volume. rate would be: (31882.3 g¥31760.2 g) / revising paragraphs (d)(2) and (d)(3) to 0.72 m2 / 25.03 days = 6.78 g/m2/day. read as follows: * * * * * ■ 26. Section 1051.515 is amended by * * * * * § 1051.501 What procedures must I use to revising the introductory text of (c) Determination of final test result. test my vehicles or engines? paragraphs (a) and (b), paragraphs (b)(8), To determine the final test result, apply * * * * * (c), and (d) and adding paragraph (e) and a deterioration factor to the measured (d) * * * Figure 1051.515–1 to read as follows: emission level. The deterioration factor (2) Fuel Tank Permeation. (i) For the is the difference between permeation preconditioning soak described in § 1051.515 How do I test my fuel tank for emissions measured before and after the permeation emissions? § 1051.515(a)(1) and fuel slosh durability testing described in durability test described in * * * * * paragraph (d) of this section. Adjust the § 1051.515(d)(3), use the fuel specified (a) Preconditioning fuel soak. To baseline test results for each tested fuel in Table 1 of § 1065.210 of this chapter precondition your fuel tank, follow tank by adding the deterioration factor blended with 10 percent ethanol by these five steps: to the measured emissions. The volume. As an alternative, you may use * * * * * deterioration factor determination must Fuel CE10, which is Fuel C as specified (b) Permeation test run. To run the be based on good engineering in ASTM D 471–98 (incorporated by test, follow these nine steps for a tank judgement. Therefore, during the reference in § 1051.810) blended with that was preconditioned as specified in durability testing, the test tank may not 10 percent ethanol by volume. paragraph (a) of this section: exceed the fuel tank permeation (ii) For the permeation measurement * * * * * standard described in § 1051.110 (this is test in § 1051.515(b), use the fuel (8) Subtract the weight of the tank at known as ‘‘line-crossing’’). If the specified in Table 1 of § 1065.210 of this the end of the test from the weight of the deterioration factor is less than zero, use chapter. As an alternative, you may use tank at the beginning of the test; divide zero. the fuel specified in paragraph (d)(2)(i) the difference by the internal surface (d) Durability testing. You normally of this section. area of the fuel tank. Divide this g/m2 need to perform a separate durability (3) Fuel Hose Permeation. Use the fuel value by the number of test days (using demonstration for each substantially specified in Table 1 of § 1065.210 of this at least three significant figures) to different combination of treatment chapter blended with 10 percent ethanol calculate the g/m2/day emission rate. approaches and tank materials. Perform by volume for permeation testing of fuel Example: If a tank with an internal these demonstrations before an emission

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test by taking the following steps, unless ensure that the tank is exposed to at provided that the soak begins you can use good engineering judgment least 450 daylight hours. immediately after the slosh testing. To to apply the results of previous (3) Slosh testing. Perform a slosh test determine the final permeation rate, durability testing with a different fuel by filling the tank to 40 percent of its drain and refill the tank with fresh fuel, system. You may ask to exclude any of capacity with the fuel specified in and repeat the permeation test run (as the following durability tests if you can § 1051.501(d)(2)(i) and rocking it at a described in paragraph (b) of this clearly demonstrate that it does not rate of 15 cycles per minute until you section) immediately after this soak affect the emissions from your fuel tank. reach one million total cycles. Use an period. The same test fuel must be used (1) Pressure cycling. Perform a angle deviation of +15° to ¥15° from for this permeation test run as for the pressure test by sealing the tank and level. This test must be performed at a permeation test run performed prior to cycling it between +2.0 psig and ¥0.5 temperature of 28°C ±5° C. psig and back to +2.0 psig for 10,000 (4) Final test result. Following the the durability testing. cycles at a rate 60 seconds per cycle. durability testing, the fuel tank must be (e) Flow chart. The following figure (2) UV exposure. Perform a sunlight- soaked (as described in paragraph (a) of presents a flow chart for the permeation exposure test by exposing the tank to an this section) to ensure that the testing described in this section, ultraviolet light of at least 24 W/m2 permeation rate is stable. The period of showing the full test procedure with (0.40 W-hr/m2/min) on the tank surface slosh testing and the period of durability testing, as well as the for 15 hours per day for 30 days. ultraviolet testing (if performed with simplified test procedure with an Alternatively, the fuel tank may be fuel in the tank consistent with applied deterioration factor: exposed to direct natural sunlight for an paragraph (a)(1) of this section) may be equivalent period of time, as long as you considered to be part of this soak, BILLING CODE 6560–50–P

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BILLING CODE 6560–50–C

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■ 27. A new § 1051.640 is added to are substantially similar to highway considered to be motor vehicles for the subpart G to read as follows: motorcycles under the display purposes of this part 1051. exemption provisions of 40 CFR 86.407– § 1051.640 What special provisions apply [FR Doc. 04–6 Filed 1–14–04; 8:45 am] for custom off-highway motorcycles that 78(c). Motorcycles exempt under this BILLING CODE 6560–50–P are similar to highway motorcycles? provision are subject to the restrictions You may ask to exempt custom- of 40 CFR 86.407–78(c) and are designed off-highway motorcycles that

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Part III

Department of Defense General Services Administration National Aeronautics and Space Administration 48 CFR Parts 2, 3, 12, et al. Federal Acquisition Regulation; Commercially Available Off-the-Shelf (COTS) Items; Proposed Rule

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DEPARTMENT OF DEFENSE commercial items as a result of the requirements. Although the rule does not implementation of the Federal specifically propose different procedures for GENERAL SERVICES Acquisition Streamlining Act of 1994 small versus large entities, existing ADMINISTRATION (see FAR 12.503). On January 30, 2003, preferences for small businesses, contained in FAR Part 19, remain unchanged. We the FAR Secretariat issued an Advanced believe that the relief from administrative NATIONAL AERONAUTICS AND Notice of Proposed Rulemaking in the burdens proposed by this rule may serve to SPACE ADMINISTRATION Federal Register (68 FR 4874) that lists motivate more small entities to do business the additional provisions of law that with the Government. 48 CFR Parts 2, 3, 12, 22, 23, 25, 27, could be determined inapplicable to The FAR Secretariat has submitted a 44, 47, and 52 commercially available off-the-shelf copy of the IRFA to the Chief Counsel [FAR Case 2000–305] (COTS) items. Seven public comments for Advocacy of the Small Business were received. The Commercial Administration. A copy of the IRFA may RIN 9000–AJ55 Products and Practices Committee be obtained from the FAR Secretariat. reviewed the public comments; Federal Acquisition Regulation; Comments are invited. The Councils identified potential changes to the FAR; will consider comments from small Commercially Available Off-the-Shelf and submitted a report, including a draft (COTS) Items entities concerning the affected FAR proposed rule for consideration by the parts 2, 3, 12, 22, 23, 25, 27, 44, 47, and AGENCIES: Department of Defense (DoD), Councils. 52 in accordance with 5 U.S.C. 610. General Services Administration (GSA), The Councils recognize the concerns Comments must be submitted separately and National Aeronautics and Space raised by the U.S. Trade Representative, and should cite 5 U.S.C. 601, et seq. Administration (NASA). the Department of Labor, and other (FAR case 2000–305), in agencies regarding the listing of certain ACTION: Proposed rule. correspondence. laws. The proposed rule does not SUMMARY: The Civilian Agency represent a final decision on any of C. Paperwork Reduction Act Acquisition Council and the Defense those laws. Rather, the proposed rule The Paperwork Reduction Act Acquisition Regulations Council lists the universe of laws that could be applies. It is anticipated that the rule (Councils) are soliciting comments determined inapplicable to COTS. The will reduce annual information regarding the implementation of section Council is seeking public comments that collection burdens. An estimate of the 4203 of the Clinger-Cohen Act of 1996, the Administrator for Federal burden reduction is undetermined at 41 U.S.C. 431 (the Act) with respect to Procurement Policy will use in making this time. The reduction will be Commercially Available Off-the-Shelf the statutory determination that it dependant on the estimated burden Item acquisitions. The Act requires the would be in the best interest of the reductions taken for each provision of Federal Acquisition Regulation (FAR) Government to maintain certain of those law that will be excluded from the final list certain provisions of law that are proposed laws. rule. Accordingly, a Paperwork inapplicable to contracts for This is not a significant regulatory Reduction Act Change to pertinent acquisitions of commercially available action and, therefore, was not subject to existing burdens will be submitted to off-the-shelf items. The Act excludes review under Section 6(b) of Executive the Office of Management and Budget section 15 of the Small Business Act Order 12866, Regulatory Planning and under 44 U.S.C. 2502, et seq. and bid protest procedures from the list. Review, dated September 30, 1993. This List of Subjects in 48 CFR Parts 2, 3, 12, The list of inapplicable statutes cannot rule is not a major rule under 5 U.S.C. 22, 23, 25, 27, 44, 47, and 52 include a provision of law that provides 804. for criminal or civil penalties. B. Regulatory Flexibility Act Government procurement. DATES: Dated: January 9, 2004. Interested parties should submit The changes may have a significant, comments in writing on or before March but beneficial, economic impact on a Ralph De Stefano, 15, 2004 to be considered in the substantial number of small entities Deputy Director, Acquisition Policy Division. formulation of a final rule. within the meaning of the Regulatory Therefore, DoD, GSA, and NASA ADDRESSES: Submit written comments Flexibility Act, 5 U.S.C. 601, et seq., propose amending 48 CFR parts 2, 3, 12, to General Services Administration, because the rule exempts the 22, 23, 25, 27, 44, 47, and 52 as set forth FAR Secretariat (MVA), 1800 F Street, application of a number of laws to below: NW., Room 4035, ATTN: Laurie Duarte, businesses, large and small, offering 1. The authority citation for 48 CFR Washington, DC 20405. commercially available off-the-shelf parts 2, 3, 12, 22, 23, 25, 27, 44, 47, and Submit electronic comments via the items to the Federal Government. An 52 is revised to read as follows: Internet to— farcase.2000–[email protected]. Initial Regulatory Flexibility Act Authority: 40 U.S.C. 121(c); 10 U.S.C. Please submit comments only and cite Analysis (IRFA) has been prepared and chapter 137; and 42 U.S.C. 2473(c). FAR case 2000–305 in all is summarized as follows: correspondence related to this case. PART 2—DEFINITIONS OF WORDS The objective and legal basis of this rule is FOR FURTHER INFORMATION CONTACT: AND TERMS The to implement the requirements of section FAR Secretariat at (202) 501–4755 for 4203 of the Clinger-Cohen Act (Public Law 2. Amend section 2.101 in paragraph information pertaining to status or 104–106). Available data indicates that many (b) by adding, in alphabetical order, the publication schedules. For clarification commercial sales to the Government will definition ‘‘Commercially available off- of content, contact Mr. Gerald Zaffos, come from small businesses. The rule does the-shelf item (COTS)’’ to read as not impose new reporting or record keeping Procurement Analyst, at (202) 208– follows: 6091. Please cite FAR case 2000–305. requirements and does not duplicate, overlap, or conflict with any other Federal 2.101 Definitions. SUPPLEMENTARY INFORMATION: rules. The rule is expected to have a * * * * * A. Background beneficial impact on industry because it proposes to exempt purchases of (b) * * * Certain laws have already been commercially available off-the-shelf items Commercially available off-the-shelf determined to be inapplicable to all from many Government-unique item (COTS)—(1) Is a subset of a

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commercial item and means any item of Implement Statutes or Executive Commercially Available Off-the-Shelf supply that is— Orders—Commercial Items (Other than (COTS) Items, and 52.244–6, (i) A commercial item (as defined in COTS). This clause incorporates by Subcontracts for Commercial Items and this section); reference only those clauses required to Commercial Components, reflect the (ii) Sold in substantial quantities in implement provisions of law or applicability of the laws listed in 12.505 the commercial marketplace; and executive orders applicable to the by identifying the only provisions and (iii) Offered to the Government, acquisition of commercial items, other clauses that are required to be included without modification, in the same form than COTS items. * * * in a subcontract at any tier for the in which it is sold in the commercial (5) The clause at 52.212–XX, Contract acquisition of COTS items or COTS marketplace. Terms and Conditions Required to components. (2) Does not include bulk cargo, as Implement Statutes or Executive defined in section 3 of the Shipping Act Orders—Commercially Available Off- 12.504 [Amended] of 1984 (46 U.S.C. App. 1702), such as the-Shelf (COTS) Items. This clause 9. Amend section 12.504 in paragraph agricultural products and petroleum incorporates by reference only those (a) by removing paragraph (a)(2) and products. clauses required to implement redesignating paragraphs (a)(3) through * * * * * provisions of law or Executive orders (a)(12) as (a)(2) through (a)(11), applicable to the acquisition of COTS respectively. PART 3—IMPROPER BUSINESS items. The contracting officer shall 10. Add section 12.505 to read as PRACTICES AND PERSONAL attach this clause to the solicitation and follows: CONFLICTS OF INTEREST contract and, using the appropriate 12.505 Applicability of certain laws to clause prescriptions, indicate which, if 3. Revise section 3.503–2 to read as contracts and subcontracts for the any, of the additional clauses cited in follows: acquisition of COTS items. 52.212–XX (b) or (c) are applicable to (a) The following laws are not 3.503–2 Contract clause. the specific acquisition. This clause may not be tailored. applicable to contracts or subcontracts, The contracting officer shall insert the at any tier, for the acquisition of COTS clause at 52.203–6, Restrictions on * * * * * items: Subcontractor Sales to the Government, (1) 10 U.S.C. 2631, Transportation of in solicitations and contracts exceeding Subpart 12.5—Applicability of Certain Laws to the Acquisition of Commercial Supplies by Sea (see 52.247–64). the simplified acquisition threshold, (2) 19 U.S.C. 2501, et seq., Trade except when contracts are for the Items and Commercially Available Off- the-Shelf Items Agreements Act (see 52.225–5). acquisition of commercially available (3) 19 U.S.C. 2512, et seq., Trade off-the-shelf items. For the acquisition 6. Revise the heading of Subpart 12.5 Agreements Act (see 52.225–5). of commercial items, other than COTS, to read as set forth above. (4) 29 U.S.C. 793, Affirmative Action the contracting officer shall use the 7. Revise section 12.500 to read as for Handicapped Workers (see 52.222– clause with its Alternate I. follows: 36). PART 12—ACQUISITION OF 12.500 Scope of subpart. (5) 31 U.S.C. 3324, Restrictions on COMMERCIAL ITEMS Advance Payments (see Alternate I to (a) As required by sections 34 and 35 52.212–4 which permits payment upon 4. Amend section 12.102 by adding a of the Office of Federal Procurement notice of shipping). Policy Act (41 U.S.C. 401, et seq.), this sentence to the end of paragraph (a) to (6) 31 U.S.C. 1352, Limitation on subpart lists provisions of law that are read as follows: Payments to Influence Certain Federal not applicable to— Transactions (see Subpart 3.8). 12.102 Applicability. (1) Contracts for commercial items; (7) 31 U.S.C. 1354(a), Limitation on (a) * * * Unless indicated otherwise, (2) Subcontracts, at any tier, for the use of appropriated funds for contracts all of the policies that apply to acquisition of commercial items; and with entities not meeting veteran’s commercial items also apply to COTS (3) Contracts and subcontracts, at any employment reporting requirements (see items defined in 2.101. tier, for the acquisition of COTS items. 22.1302). (b) This subpart also lists provisions * * * * * (8) 38 U.S.C. 4212, Equal Opportunity 5. Amend section 12.301 by— of law that have been amended to eliminate or modify their applicability for Special Disabled Veterans, Veterans a. Revising the section heading; of the Vietnam Era, and Other Eligible b. Adding a sentence to the end of to either contracts or subcontracts for the acquisition of commercial items. Veterans (see 52.222–35). paragraph (b)(3); (9) 38 U.S.C. 4212(d)(1), Employment c. Revising the paragraph heading and 8. Amend section 12.502 by adding paragraph (c) to read as follows: Reports on Special Disabled Veterans, the first sentence of paragraph (b)(4); Veterans of the Vietnam Era, and Other and 12.502 Procedures. Eligible Veterans (see 52.222–37). d. Adding paragraph (b)(5) to read as (10) 41 U.S.C. 10a, et seq., Buy follows: * * * * * (c) The FAR prescription for the American Act—Supplies (see 52.225–1 12.301 Solicitation provisions and provision or clause for each of the laws and 52.225–3). contract clauses. listed in 12.505 has been revised in the (11) 41 U.S.C. 43, Walsh-Healey Act * * * * * appropriate part to reflect its proper (see Subpart 22.6). (b) * * * application to prime contracts for the (12) 41 U.S.C. 416(a)(6), Minimum (3) * * * When acquiring a COTS acquisition of COTS items. For Response Time for Offers under Office item, contracting officers may include subcontracts for the acquisition of COTS of Federal Procurement Policy Act (see Alternate I of the clause when it is in items or COTS components, the clauses Subpart 5.2). the best interests of the Government. at 52.212-XX, Contract Terms and (13) 41 U.S.C. 418a, Rights in (4) The clause at 52.212–5, Contract Conditions Required to Implement Technical Data (see sections 12.211 and Terms and Conditions Required to Statutes or Executive Orders— 27.409).

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(14) 41 U.S.C. 253d, Validation of PART 23—ENVIRONMENT, (viii) An acquisition for commercially Proprietary Data Restrictions (see CONSERVATION, OCCUPATIONAL available off-the-shelf items. sections 12.211 and 27.409). SAFETY, AND DRUG-FREE * * * * * (15) 41 U.S.C. 253g and 10 U.S.C. WORKPLACE PART 44—SUBCONTRACTING 2402, Prohibition of Limiting 23.406 [Amended] Subcontractor Direct Sales to the United POLICIES AND PROCEDURES States (see 52.203–6). 13. Amend section 23.406 by removing the word ‘‘Insert’’ from 44.400 [Amended] (16) 41 U.S.C. 254(a) and 10 U.S.C. paragraphs (a) and (b) and adding 17. Amend section 44.400 by 2306(b), Contingent Fees (see Subpart ‘‘Except for the acquisition of removing the period at the end of the 3.4). commercially available off-the-shelf sentence and adding ‘‘and section 4203 (17) 41 U.S.C. 254d(c) and 10 U.S.C. items, insert’’ in its place. (Pub. L. 104–106).’’ in its place. 2513(c), Examination of Records of Contractor (see 52.215–2). PART 25—FOREIGN ACQUISITION PART 47—TRANSPORTATION (18) 41 U.S.C. 701, et seq., Drug-Free 14. Amend section 25.401 by— 47.507 [Amended] Workplace Act of 1988 (see Subpart a. Removing the word ‘‘and’’ from the 18. Amend section 47.507 in 23.5). end of paragraph (a)(4); paragraph (a)(1) by removing ‘‘Insert’’ (19) 46 U.S.C. Appx 1241(b), b. Removing the period at the end of and adding ‘‘Except for the acquisition Transportation in American Vessels of paragraph (a)(5) and adding ‘‘; and’’ in of commercially available off-the-shelf Government Personnel and Certain its place; and items, insert’’ in its place. Cargo (see 52.247–64). c. Adding paragraph (a)(6) to read as follows: PART 52—SOLICITATION PROVISIONS (20) 49 U.S.C. 40118, Fly American AND CONTRACT CLAUSES provisions (see Subpart 47.4). 25.401 Exceptions. (b) The requirement for a clause and (a) * * * 52.212–3 [Amended] certain other requirements related to 40 (6) Acquisitions for commercially 19. Amend section 52.212–3 by U.S.C. 327, et seq., Requirements for a available off-the-shelf items. revising the date of the provision to read Certificate and Clause under the * * * * * ‘‘(Date)’’; and in paragraph (e) of the Contract Work Hours and Safety 15. Amend section 25.1101 by— clause by removing the period after Standards Act (see Subpart 22.3), 41 a. Removing from the introductory ‘‘$100,000’’ and adding ‘‘, except for the U.S.C. 57(a) and (b), and 41 U.S.C. 58, text of paragraph (a)(1) ‘‘or $15,000 for acquisition of commercially available the Anti-Kickback Act of 1986, and 42 acquisitions as described in off-the-shelf items.’’ in its place. U.S.C. 6962(c)(3)(A), Estimate of 13.201(g)(1)(ii)’’; 20. Amend section 52.212–4 by Percentage of Recovered Material EPA- b. Removing the word ‘‘or’’ from the adding Alternate I to read as follows: end of paragraph (a)(1)(ii); Designated Product (limited to the 52.212–4 Contract Terms and certification and estimate requirements) c. Removing the period from the end Conditions—Commercial Items. (see 52.223–9) have been eliminated for of paragraph (a)(1)(iii) and adding ‘‘; or’’ in its place; * * * * * contracts and subcontracts at any tier for (Alternate I (XX/XX)). As prescribed in the acquisition of COTS items (see d. Adding paragraph (a)(1)(iv); and e. Removing the word ‘‘Insert’’ from 12.301(b)(3), substitute the following 3.502). paragraph (i)(1) for paragraph(i)(1) in the the introductory text of paragraph (c) The applicability of 41 U.S.C. basic clause: (b)(1)(i) and adding ‘‘Except for the (i)(1) Items accepted. Payment shall be 254(d) and 10 U.S.C. 2306a, Truth in acquisition of commercially available made based upon the Contractor’s Negotiations Act (see Subpart 15.4) and off-the-shelf items, insert’’ in its place. submission of an invoice that is supported by 41 U.S.C. 422, Cost Accounting The added text reads as follows: evidence the Contractor has delivered the Standards (see section 12.214) have supplies to a post office, common carrier, or been modified in regards to contracts or 25.1101 Acquisition of supplies. point of first receipt by the Government. subcontracts at any tier for the * * * * * Payment prior to acceptance shall not acquisition of COTS items. (a)(1) * * * abrogate the Contractor’s responsibilities to (iv) The acquisition is for replace, repair, or correct— PART 22—APPLICATION OF LABOR commercially available off-the-shelf (i) Supplies not received at destination; LAWS TO GOVERNMENT items. (ii) Supplies damaged in transit; or ACQUISITIONS (iii) Supplies that do not conform to the * * * * * contract. 22.1310 [Amended] PART 27—PATENTS, DATA, AND 21. Add section 52.212–XX to read as 11. Amend section 22.1310 by COPYRIGHTS follows: removing the word ‘‘Insert’’ from the 16. Amend section 27.409 by— 52.212–XX Contract Terms and Conditions introductory text of paragraph (a)(1) and Required to Implement Statutes or adding ‘‘Except for the acquisition of a. Removing the word ‘‘or’’ from the end of paragraph(a)(1)(vi); Executive Orders—Commercially Available commercially available off-the-shelf Off-the-Shelf (COTS) Items. b. Removing ‘‘. (See 27.408.)’’ from items, insert’’ in its place. the end of paragraph (a)(1)(vii) and As prescribed in 12.301(b)(5), insert 22.1408 [Amended] adding ‘‘(see 27.408); or’’ in its place; the following clause: and Contract Terms and Conditions Required To 12. Amend section 22.1408 in the c. Adding paragraph (a)(1)(viii) to Implement Statutes or Executive Orders— introductory text of paragraph (a) by read as follows: Commercially Available Off-the-Shelf (COTS) removing the comma after ‘‘$10,000’’ Items (Date) and adding ‘‘and are not for the 27.409 Solicitation provisions and (a) The Contractor shall comply with the acquisition of commercially available contract clauses. following Federal Acquisition Regulation off-the-shelf items,’’ in its place. (a)(1) * * * (FAR) clause, which is incorporated in this

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contract by reference, to implement U.S.C. 2323). (if the offeror elects to waive (i) 52.219–8, Utilization of Small Business provisions of law or Executive orders the adjustment, it shall so indicate in its Concerns (Oct 2000) (15 U.S.C. 637(d)(2) and applicable to acquisitions of COTS items: offer). (3)), in all subcontracts that offer further 52.233–3, Protest After Award (Aug 1996) (31 ll (ii) Alternate I (June 2003) of 52.219– subcontracting opportunities. If the U.S.C. 3553). 23. subcontract (except subcontracts to small (b) The Contractor shall comply with the ll (10) 52.219–25, Small Disadvantaged business concerns) exceeds $500,000 FAR clauses in this paragraph (b) that the Business Participation Program— ($1,000,000 for construction of any public Contracting Officer has indicated as being Disadvantaged Status and Reporting (Oct facility), the subcontractor must include incorporated in this contract by reference to 1999) (Pub. L. 103–355, section 7102, and 10 52.219–8 in lower tier subcontracts that offer implement provisions of law or Executive U.S.C. 2323). subcontracting opportunities. orders applicable to acquisitions of COTS ll (11) 52.219–26, Small Disadvantaged (ii) 52.222–26, Equal Opportunity (Apr items: [Contracting Officer check as Business Participation Program—Incentive 2002) (E.O. 11246). appropriate.] Subcontracting (Oct 2000) (Pub. L. 103–355, (2) While not required, the Contractor may ll (1) 52.219–3, Notice of Total section 7102, and 10 U.S.C. 2323). include in its subcontracts for COTS items a HUBZone Set-Aside (Jan 1999) (15 U.S.C. ll (12) 52.222–3, Convict Labor (June minimal number of additional clauses 657a). 2003) (E.O. 11755). necessary to satisfy its contractual ll (2) 52.219–4, Notice of Price ll (13) 52.222–19, Child Labor— obligations. Evaluation Preference for HUBZone Small Cooperation with Authorities and Remedies (End of clause) Business Concerns (Jan 1999) (if the offeror (Sep 2002) (E.O. 13126). elects to waive the preference, it shall so ll (14) 52.222–21, Prohibition of 22. Amend section 52.244–6 by— indicate in its offer) (15 U.S.C. 657a). Segregated Facilities (Feb 1999). ll (3)(i) 52.219–5, Very Small Business ll (15) 52.222–26, Equal Opportunity a. Revising the date of the clause to Set-Aside (June 2003) (Pub. L. 103–403, (Apr 2002) (E.O. 11246). read ‘‘(Date)’’; section 304, Small Business Reauthorization ll (16) 52.225–13, Restrictions on b. In paragraph (a) of the clause by and Amendments Act of 1994). Certain Foreign Purchases (Dec 2003) (E.O.’s adding, in alphabetical order, the ll (ii) Alternate I (Mar 1999) of 52.219– proclamations, and statutes administered by 5. the Office of Foreign Assets Control of the definition ‘‘Commercially available off- ll (iii) Alternate II (June 2003) of Department of the Treasury). the-shelf item’’; 52.219–5. ll (17) 52.225–15, Sanctioned European c. In paragraph (c)(1)(iii) of the clause ll (4)(i) 52.219–6, Notice of Total Small Union Country End Products (Feb 2000) (E.O. by removing the semicolon at the end of Business Set-Aside (June 2003) (15 U.S.C. 12849). the paragraph and adding ‘‘. (This 644). ll (18) 52.232–29, Terms for Financing ll (ii) Alternate I (Oct 1995) of 52.219– of Purchases of Commercial Items (Feb 2002) clause does not apply to subcontracts 6. (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). for commercially available off-the-shelf ll (5)(i) 52.219–7, Notice of Partial ll (19) 52.232–30, Installment Payments items.)’’ in its place; and Small Business Set-Aside (June 2003) (15 for Commercial Items (Oct 1995) (41 U.S.C. d. Adding ‘‘(This clause does not U.S.C. 644). 255(f), 10 U.S.C. 2307(f)). apply to subcontracts for commercially ll ll (ii) Alternate I (Oct 1995) of 52.219– (20) 52.232–33, Payment by available off-the-shelf items.)’’ to the 7. Electronic Funds Transfer—Central ll (6) 52.219–8, Utilization of Small Contractor Registration (Oct 2003) (31 U.S.C. end of paragraphs (c)(1)(iv) and (c)(1)(v) Business Concerns (Oct 2000) (15 U.S.C. 3332). of the clause. The added definition 637(d)(2) and (3)). ll (21) 52.232–34, Payment by reads as follows: ll (7)(i) 52.219–9, Small Business Electronic Funds Transfer—Other than Subcontracting Plan (Jan 2002) (15 U.S.C. Central Contractor Registration (May 1999) 52.244–6 Subcontracts for Commercial 637(d)(4)). (31 U.S.C. 3332). Items. ll (ii) Alternate I (Oct 2001) of 52.219– ll (22) 52.232–36, Payment by Third * * * * * 9. Party (May 1999) (31 U.S.C. 3332). Subcontracts for Commercial Items (Date) ll (iii) Alternate II (Oct 2001) of 52.219– (c)(1) Notwithstanding the requirements of 9. the clauses in paragraphs (a) and (b) of this (a) * * * ll (8) 52.219–14, Limitations on clause, the Contractor is not required to flow Commercially available off-the-shelf item Subcontracting (Dec 1996) (15 U.S.C. down any FAR clause, other than those in has the meaning contained in the clause at 637(a)(14)). paragraphs (i) through (ii) of this paragraph 52.202–1, Definitions. ll (9)(i) 52.219–23, Notice of Price in a subcontract for COTS items. Unless * * * * * Evaluation Adjustment for Small other-wise indicated below, the extent of the Disadvantaged Business Concerns (June flow down shall be as required by the [FR Doc. 04–852 Filed 1–14–04; 8:45 am] 2003) (Pub. L. 103–355, section 7102, and 10 clause— BILLING CODE 6820–EP–P

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Part IV

Department of Transportation Federal Transit Administration

Fiscal Year 2004 Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements; Notice

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DEPARTMENT OF TRANSPORTATION Region 7: Kansas City of funds made available by the latest States served: Missouri, Iowa, Kansas, U.S. Department of Transportation (U.S. Federal Transit Administration and Nebraska, Telephone # 816–329– DOT) annual appropriations act. Federal Fiscal Year 2004 Changes: 3920 Fiscal Year 2004 Annual List of Apart from minor editorial revisions, Certifications and Assurances for Region 8: Denver changes include the following: Federal Transit Administration Grants (1) Former Certification 01.C, States served: Colorado, Utah, and Cooperative Agreements ‘‘Debarment, Suspension, and Other Wyoming, Montana, North Dakota, Responsibility Matters for Primary and South Dakota, Telephone # 303– AGENCY: Federal Transit Administration, Covered Transactions,’’ has been 844–3242 DOT. deleted because the newly revised U.S. ACTION: Notice. Region 9: San Francisco DOT regulations, ‘‘Debarment and States served: California, Hawaii, Guam, Suspension (Nonprocurement),’’ SUMMARY: Appendix A of this Notice Arizona, Nevada, American Samoa, published in the Federal Register of contains the Federal Transit and the Northern Mariana Islands, November 26, 2003 (68 FR 66534– Administration’s (FTA) comprehensive Telephone # 415–744–3133 66557, and 66643–66645) no longer compilation of the Federal Fiscal Year require a certification, although FTA Region 10: Seattle 2004 certifications and assurances to be cautions that the substantive provisions used in connection with all Federal States served: Idaho, Oregon, of the revised regulations will apply to assistance programs FTA administers Washington, and Alaska. Telephone # Recipients of Federal assistance during Federal Fiscal Year 2004, in 206–220–7954 awarded by FTA. (2) Former Certification 01.D, ‘‘Drug- compliance with 49 U.S.C. 5323(n). SUPPLEMENTARY INFORMATION: Before Free Workplace Agreement,’’ has been EFFECTIVE DATE: These certifications and FTA may award a Federal grant or deleted because the newly revised U.S. assurances became effective on October cooperative agreement, the Applicant DOT regulations, ‘‘Governmentwide 1, 2003, the first day of fiscal year 2004. must submit all certifications and Requirements for Drug-Free Workplace assurances pertaining to itself and its (Financial Assistance),’’ published in FOR FURTHER INFORMATION CONTACT: FTA project as required by Federal laws and the Federal Register of November 26, staff in the appropriate Regional Office regulations. These certifications and 2003 (68 FR 66557–66560, and 66645– listed below. For copies of other related assurances must be submitted to FTA 666460) no longer require a documents, see the FTA Web site at irrespective of whether the project is certification, although FTA cautions http://www.fta.dot.gov or contact FTA’s financed under the authority of 49 that the substantive provisions of the Office of Administration at (202) 366– U.S.C. chapter 53, or Title 23, United new regulations will apply to Recipients 4022. States Code, or another Federal statute. of Federal assistance awarded by FTA. Region 1: Boston The Applicant’s Annual Certifications (3) Former Certification 01.G, and Assurances for Federal Fiscal Year ‘‘Disadvantaged Business Enterprise States served: Maine, New Hampshire, 2004 cover all projects for which the Assurance’’ does not apply to projects Vermont, Connecticut, Rhode Island, Applicant seeks funding during Federal administered by FTA that are not and Massachusetts, Telephone # 617– Fiscal Year 2004 through the next fiscal financed by TEA–21, ISTEA, or the 494–2055 year until FTA issues annual Highway Trust Fund. U.S. DOT’s DBE Certifications and Assurances for Region 2: New York regulations, 49 CFR part 26 do not treat Federal Fiscal Year 2005. An the DBE assurance as a pre-award States served: New York, New Jersey, Applicant’s Annual Certifications and requirement, but only require that the and the Virgin Islands, Telephone # Assurances applicable to a specific grant assurance be included in each financial 212–668–2170 or cooperative agreement generally assistance agreement funded under remain in effect for either the duration specified titles of TEA–21, ISTEA, or the Region 3: Philadelphia of the grant or cooperative agreement to Highway Trust Funds, such as our States served: Pennsylvania, Delaware, project closeout or the duration of the FTA’s Master Agreement, which is Maryland, Virginia, West Virginia, project or project property when a incorporated by reference and made part and District of Columbia, Telephone # useful life or industry standard is in of each Grant or Cooperative Agreement. 215–656–7100 effect, whichever occurs later; EXCEPT, See, 49 CFR 26.3(a) and 26.13(a). For if the Applicant provides certifications these reasons, we have deleted the DBE Region 4: Atlanta and assurances in a later year that differ certification from the list of from certifications and assurances certifications required of all Applicants. States served: Kentucky, Georgia, North previously provided, the later (4) Re-numbered Certification 01.D, Carolina, South Carolina, Florida, certifications and assurances will apply ‘‘Nondiscrimination Assurance,’’ has Alabama, Mississippi, Tennessee, and to the grant, cooperative agreement, been revised to state expressly that the Puerto Rico, Telephone # 404–562– project, or project property, unless FTA Federal Government has a right to seek 3500 permits otherwise. judicial enforcement with regard to any Region 5: Chicago Background: Since Federal Fiscal matter arising under Title VI of the Civil Year 1995, FTA has been consolidating Rights Act and implementing States served: Minnesota, Wisconsin, the various certifications and assurances regulations. Michigan, Illinois, Indiana, and Ohio, that may be required into a single (5) Renumbered Certification 01.F, Telephone # 312–353–2789 document for publication in the Federal ‘‘Procurement Compliance Region 6: Dallas/Ft. Worth Register. FTA intends to continue Certification,’’ has been modified to add publishing this document annually, a reference to the new FTA Circular States served: Arkansas, Louisiana, often in conjunction with its publication 4220.1E, ‘‘Third Party Contracting Oklahoma, Texas, and New Mexico, of the FTA annual apportionment Guidelines,’’ and indicate that those Telephone # 817–978–0550 Notice, which sets forth the allocations requirements are applicable to the

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extent required by Federal law or statements in any FTA circular which constitutes the Applicant’s regulation. containing a previous version of the electronic signature for the certifications (6) Renumbered Certification 01.G(7) Annual Certifications and Assurances. and assurances it has selected; in pertaining to employee protection The certifications and assurances addition, there is a field for the certifications has been revised to reflect contained in those FTA circulars are Applicant’s attorney to enter his or her new citation to various Federal labor merely examples, and are not acceptable PIN, affirming the Applicant’s legal protection statutes resulting from the or valid for Federal Fiscal Year 2004; do authority to make and comply with the partial codification of Title 40, United not rely on the provisions of certifications and assurances the States Code. certifications and assurances appearing Applicant has selected. In certain (7) Renumbered Certification 01.G(18) in FTA circulars. circumstances, the Applicant may enter covering Federal audit requirements has Significance of Certifications and its PIN in lieu of its Attorney’s PIN, been modified to acknowledge that Assurances: Selecting and submitting provided that the Applicant has on file OMB Circular A–133 has been revised, certifications and assurances to FTA, the Affirmation of Applicant’s Attorney and to state that the most recent either through TEAM-Web or in Appendix A of this Notice, written applicable OMB Compliance submission of the Signature Page(s) of and signed by the attorney and dated Supplement provisions for the Appendix A, signifies the Applicant’s this Federal fiscal year. For more Department of Transportation will intent to comply with the requirements information, Applicants may contact the apply. of the certifications and assurances it appropriate Regional Office listed in (8) Certification 02.A(3), ‘‘Lobbying,’’ has selected to the extent they apply to this Notice or the TEAM-Web Helpdesk. has been added to emphasize that the a project for which the Applicant Procedures for Paper Submission: If lobbying certification flows down to submits an application for assistance in an Applicant is unable to submit its subrecipients and third party Federal Fiscal Year 2004. certifications electronically, it must contractors at all tiers. Requirement for Attorney’s Signature: mark the certifications and assurances it (9) The applicability paragraph FTA requires a current (Federal Fiscal is making on the Signature Page(s) in preceding Certification 05, ‘‘Acquisition Year 2004) affirmation, signed by the Appendix A of this Notice and submit of Rolling Stock,’’ has been modified to Applicant’s attorney, of the Applicant’s it to FTA. The Applicant may signify clarify that the requirement applies to legal authority to certify compliance compliance with all Categories by Applicants for Federal assistance with the obligations imposed by the placing a single mark in the appropriate authorized by 49 U.S.C. chapter 53. certifications and assurances the space or select the Categories applicable (10) The applicability paragraph Applicant has selected. Irrespective of to itself and its projects. In certain preceding Certification 06, ‘‘Bus whether the Applicant makes a single circumstances, the Applicant may enter Testing,’’ has been modified to clarify selection for all 16 categories or selects its signature in lieu of its Attorney’s that the requirement applies to individual options from the 16 signature in the Affirmation of Applicants for Federal assistance categories, the Affirmation of Applicant’s Attorney section of the appropriated or authorized for 49 U.S.C. Applicant’s Attorney from a previous Signature Page(s), provided that the chapter 53. year is not acceptable. Applicant has on file the Affirmation of (11) The applicability paragraph Deadline for Submission: All Applicant’s Attorney in Appendix A of preceding Certification 09, ‘‘Demand Applicants for FTA formula program or this Notice, written and signed by the Responsive Service,’’ has been modified capital investment program assistance, attorney and dated this Federal fiscal to clarify that the requirements limited and current FTA grantees with an active year. For more information, Applicants to non-rail acquisitions by Applicants project financed with FTA formula may contact the appropriate Regional that have demand responsive service. program or capital investment program Office listed in this Notice. (12) Certification 12, ‘‘Intelligent assistance, are expected to provide References. The Transportation Equity Transportation Systems,’’ has been Federal Fiscal Year 2004 Certifications Act for the 21st Century, Pub. L. 105– expanded to add a best efforts and Assurances within 90 days from the 178, June 9, 1998, as amended by the requirement for Applicants intending to date of this publication or with their TEA–21 Restoration Act, Pub. L. 105– procure intelligent transportation first grant application in Federal Fiscal 206, July 22, 1998, 49 U.S.C. chapter 53, systems using Federal assistance other Year 2004, whichever is first. FTA Title 23, United States Code, other than Highway Trust Funds (including encourages other Applicants to submit Federal laws administered by FTA, U.S. funds from the Mass Transit Account) or their certifications and assurances as DOT and FTA regulations at 49 CFR, funds made available for the Intelligent soon as possible. Transportation Systems program Preference for Electronic Submission: and FTA Circulars. authorized by TEA–21, title V, subtitle Applicants registered in TEAM-Web Dated: December 29, 2003. C, 23 U.S.C. 502 note. must submit their certifications and Jennifer L. Dorn, Text of Federal Fiscal Year 2004 assurances, as well as their applications, Administrator. Certifications and Assurances: The text in TEAM-Web. Only if an Applicant is Appendix A of the certifications and assurances in unable to submit its certifications and Appendix A of this Notice also appears assurances in TEAM-Web should the Federal Fiscal Year 2004 Certifications and in TEAM-Web (http:// Applicant use the Signature Page(s) in Assurances for Federal Transit ftateamweb.fta.dot.gov/) in the Appendix A of this Notice. Administration Assistance Programs ‘‘Recipients’’ option at the ‘‘Cert’s & Procedures for Electronic Submission: In accordance with 49 U.S.C. 5323(n), the Assurances’’ tab of ‘‘View/Modify The TEAM-Web ‘‘Recipients’’ option at following certifications and assurances have Recipients.’’ It is important that each the ‘‘Cert’s & Assurances’’ tab of ‘‘View/ been compiled for Federal Transit Applicant be familiar with all sixteen Modify Recipients’’ contains fields for Administration (FTA) assistance programs. (16) certification and assurance selecting the categories of certifications FTA requests each Applicant to provide as many certifications and assurances as needed categories and their requirements, as and assurances to be submitted. Within for all programs for which the Applicant they may be a prerequisite for receiving that tab is a field for the Applicant’s intends to seek FTA assistance during FTA financial assistance. Provisions of authorized representative to enter its Federal Fiscal Year 2004. FTA strongly this Notice supersede conflicting personal identification number (PIN), encourages each Applicant to submit its

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certifications and assurances through TEAM- D. Nondiscrimination Assurance (5) The United States has a right to seek Web, FTA’s electronic award and As required by 49 U.S.C. 5332 (which judicial enforcement with regard to any management system, at http:// prohibits discrimination on the basis of race, matter arising under the Act, regulations, and ftateamweb.fta.dot.gov. color, creed, national origin, sex, or age, and this assurance. Sixteen (16) Categories of certifications and prohibits discrimination in employment or (6) It will make any changes in its 49 assurances are listed by numbers 01 through business opportunity), Title VI of the Civil U.S.C. 5332 and Title VI implementing 16 in the TEAM-Web ‘‘Recipients’’ option at Rights Act of 1964, as amended, 42 U.S.C. procedures as U.S. DOT or FTA may request. the ‘‘Cert’s & Assurances’’ tab of ‘‘View/ 2000d, and U.S. DOT regulations, E. Assurance of Nondiscrimination on the Modify Recipients,’’ and on the opposite side ‘‘Nondiscrimination in Federally-Assisted Basis of Disability of the Signature Page(s) at the end of this Programs of the Department of As required by U.S. DOT regulations, document. Category 01 applies to all Transportation—Effectuation of Title VI of ‘‘Nondiscrimination on the Basis of Handicap Applicants. Categories 02 through 16 will the Civil Rights Act,’’ 49 CFR part 21 at 21.7, the Applicant assures that it will comply in Programs and Activities Receiving or apply to and be required for some, but not Benefiting from Federal Financial all, Applicants and projects. with all requirements of 49 CFR part 21; FTA Circular 4702.1, ‘‘Title VI Program Assistance,’’ at 49 CFR 27.9, the Applicant 1. Required of Each Applicant Guidelines for Federal Transit assures that, as a condition to the approval or extension of any Federal assistance Each Applicant for FTA assistance must Administration Recipients,’’ and other applicable directives, so that no person in the awarded by FTA to construct any facility, provide all certifications and assurances in obtain any rolling stock or other equipment, this Category ‘‘01.’’ FTA may not award any United States, on the basis of race, color, national origin, creed, sex, or age will be undertake studies, conduct research, or to Federal assistance until the Applicant participate in or obtain any benefit from any provides these certifications and assurances excluded from participation in, be denied the benefits of, or otherwise be subjected to program administered by FTA, no otherwise by selecting Category ‘‘01.’’ discrimination in any program or activity qualified person with a disability shall be, A. Authority of Applicant and Its (particularly in the level and quality of solely by reason of that disability, excluded Representative transportation services and transportation- from participation in, denied the benefits of, related benefits) for which the Applicant or otherwise subjected to discrimination in The authorized representative of the receives Federal assistance awarded by the any program or activity receiving or Applicant and the attorney who sign these U.S. DOT or FTA. benefiting from Federal assistance certifications, assurances, and agreements Specifically, during the period in which administered by the FTA or any entity within affirm that both the Applicant and its Federal assistance is extended to the project, U.S. DOT. The Applicant assures that project authorized representative have adequate or project property is used for a purpose for implementation and operations so assisted authority under applicable state and local which the Federal assistance is extended or will comply with all applicable requirements law and the Applicant’s by-laws or internal for another purpose involving the provision of U.S. DOT regulations implementing the rules to: of similar services or benefits, or as long as Rehabilitation Act of 1973, as amended, 29 (1) Execute and file the application for the Applicant retains ownership or U.S.C. 794, et seq., and the Americans with Federal assistance on behalf of the Applicant; possession of the project property, whichever Disabilities Act of 1990, as amended, 42 (2) Execute and file the required is longer, the Applicant assures that: U.S.C. 12101 et seq., and implementing U.S. certifications, assurances, and agreements on (1) Each project will be conducted, DOT regulations at 49 CFR parts 27, 37, and behalf of the Applicant binding the property acquisitions will be undertaken, and 38, and any applicable regulations and Applicant; and project facilities will be operated in directives issued by other Federal (3) Execute grant agreements and accordance with all applicable requirements departments or agencies. of 49 U.S.C. 5332 and 49 CFR part 21, and cooperative agreements with FTA on behalf F. Procurement Compliance Certification of the Applicant. understands that this assurance extends to its entire facility and to facilities operated in The Applicant certifies that its B. Standard Assurances connection with the project. procurements and procurement system will The Applicant assures that it will comply (2) It will promptly take the necessary comply with all applicable third party with all applicable Federal statutes, actions to effectuate this assurance, including procurement requirements of Federal laws, regulations, executive orders, FTA circulars, notifying the public that complaints of executive orders, regulations, and FTA and other Federal requirements in carrying discrimination in the provision of directives, and requirements, as amended and revised, as well as other requirements out any project supported by an FTA grant transportation-related services or benefits FTA may issue including FTA Circular or cooperative agreement. The Applicant may be filed with U.S. DOT or FTA. Upon 4220.1E, ‘‘Third Party Contracting agrees that it is under a continuing obligation request by U.S. DOT or FTA, the Applicant assures that it will submit the required Guidelines,’’ and any revisions thereto, to the to comply with the terms and conditions of information pertaining to its compliance with extent those requirements are applicable. The the grant agreement or cooperative agreement these requirements. Applicant certifies that it will include in its issued for its project with FTA. The (3) It will include in each subagreement, contracts financed in whole or in part with Applicant recognizes that Federal laws, property transfer agreement, third party FTA assistance all clauses required by regulations, policies, and administrative contract, third party subcontract, or Federal laws, executive orders, or practices may be modified from time to time participation agreement adequate provisions regulations, and will ensure that each and those modifications may affect project to extend the requirements of 49 U.S.C. 5332 subrecipient and each contractor will also implementation. The Applicant agrees that and 49 CFR part 21 to other parties involved include in its subagreements and its contracts the most recent Federal requirements will therein including any subrecipient, financed in whole or in part with FTA apply to the project, unless FTA issues a transferee, third party contractor, third party assistance all applicable clauses required by written determination otherwise. subcontractor at any level, successor in Federal laws, executive orders, or C. Intergovernmental Review Assurance interest, or any other participant in the regulations. project. The Applicant assures that each (4) Should it transfer real property, G. Certifications and Assurances Required by application for Federal assistance it submits structures, or improvements financed with the U.S. Office of Management and Budget to FTA has been or will be submitted, as Federal assistance provided by FTA to (OMB) (SF–424B and SF–424D) required by each state, for intergovernmental another party, any deeds and instruments As required by OMB, the Applicant review to the appropriate state and local recording the transfer of that property shall certifies that it: agencies. Specifically, the Applicant assures contain a covenant running with the land (1) Has the legal authority to apply for that it has fulfilled or will fulfill the assuring nondiscrimination for the period Federal assistance and the institutional, obligations imposed on FTA by U.S. DOT during which the property is used for a managerial, and financial capability regulations, ‘‘Intergovernmental Review of purpose for which the Federal assistance is (including funds sufficient to pay the non- Department of Transportation Programs and extended or for another purpose involving Federal share of project cost) to ensure Activities,’’ 49 CFR part 17. the provision of similar services or benefits. proper planning, management, and

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completion of the project described in its the Uniform Relocation Assistance and Real and execute, furnish, and be bound by such application; Property Acquisition Policies Act of 1970, as additional documents as FTA may determine (2) Will give FTA, the Comptroller General amended, (Uniform Relocation Act) 42 U.S.C. necessary to effectuate or implement the of the United States, and, if appropriate, the 4601 et seq., which, among other things, assurances provided herein; and state, through any authorized representative, provide for fair and equitable treatment of (i) The Applicant agrees to make these access to and the right to examine all records, persons displaced or whose property is assurances part of or incorporate them by books, papers, or documents related to the acquired as a result of Federal or federally reference into any third party contract or award; and will establish a proper accounting assisted programs. These requirements apply subagreement, or any amendments thereto, system in accordance with generally to all interests in real property acquired for relating to any project financed by FTA accepted accounting standards or agency project purposes regardless of Federal involving relocation or land acquisition and directives; participation in any purchase. As required by provide in any affected document that these (3) Will establish safeguards to prohibit sections 210 and 305 of the Uniform relocation and land acquisition provisions employees from using their positions for a Relocation Act, 42 U.S.C. 4630 and 4655, and shall supersede any conflicting provisions; purpose that constitutes or presents the U.S. DOT regulations, ‘‘Uniform Relocation (1) To the extent applicable, will comply appearance of personal or organizational Assistance and Real Property Acquisition for with the Davis-Bacon Act, as amended, 40 conflict of interest or personal gain; Federal and Federally Assisted Programs,’’ 49 U.S.C. 3141 et seq., the Copeland ‘‘Anti- (4) Will initiate and complete the work CFR 24.4, the Applicant assures that it has Kickback’’ Act, as amended, 18 U.S.C. 874, within the applicable project time periods the requisite authority under applicable state and the Contract Work Hours and Safety following receipt of FTA approval; and local law to comply with the Standards Act, as amended, 40 U.S.C. 3701 (5) Will comply with all applicable Federal requirements of the Uniform Relocation Act, et seq., regarding labor standards for federally statutes relating to nondiscrimination 42 U.S.C. 4601 et seq., and U.S. DOT assisted subagreements; including, but not limited to: regulations, ‘‘Uniform Relocation Assistance (2) To the extent applicable, will comply (a) Title VI of the Civil Rights Act, 42 and Real Property Acquisition for Federal with the flood insurance purchase U.S.C. 2000d, which prohibits discrimination and Federally Assisted Programs,’’ 49 CFR requirements of section 102(a) of the Flood on the basis of race, color, or national origin; part 24, and will comply with or has Disaster Protection Act of 1973, as amended, (b) Title IX of the Education Amendments complied with that Act and those U.S. DOT 42 U.S.C. 4012a(a), requiring recipients in a of 1972, as amended, 20 U.S.C. 1681 through implementing regulations, including but not special flood hazard area to participate in the 1683, and 1685 through 1687, and U.S. DOT limited to the following: program and purchase flood insurance if the regulations, ‘‘Nondiscrimination on the Basis (a) The Applicant will adequately inform total cost of insurable construction and of Sex in Education Programs or Activities each affected person of the benefits, policies, acquisition is $10,000 or more; Receiving Federal Financial Assistance,’’ 49 and procedures provided for in 49 CFR part (9) Will comply with the Lead-Based Paint CFR part 25, which prohibit discrimination 24; Poisoning Prevention Act, 42 U.S.C. 4831(b), on the basis of sex; (b) The Applicant will provide fair and which prohibits the use of lead-based paint (c) Section 504 of the Rehabilitation Act of reasonable relocation payments and in the construction or rehabilitation of 1973, as amended, 29 U.S.C. 794, which assistance as required by 42 U.S.C. 4622, residence structures; prohibits discrimination on the basis of 4623, and 4624; 49 CFR part 24; and any (10) Will not dispose of, modify the use of, handicap; (d) The Age Discrimination Act of 1975, as applicable FTA procedures, to or for families, or change the terms of the real property title amended, 42 U.S.C. 6101 through 6107, individuals, partnerships, corporations, or or other interest in the site and facilities on which prohibits discrimination on the basis associations displaced as a result of any which a construction project supported with of age; project financed with FTA assistance; FTA assistance takes place without (e) The Drug Abuse Office and Treatment (c) The Applicant will provide relocation permission and instructions from the Act of 1972, Pub. L. 92–255, March 21, 1972, assistance programs offering the services awarding agency; and amendments thereto, 21 U.S.C. 1174 et described in 42 U.S.C. 4625 to such (11) Will record the Federal interest in the seq. relating to nondiscrimination on the displaced families, individuals, partnerships, title of real property in accordance with FTA basis of drug abuse; corporations, or associations in the manner directives and will include a covenant in the (f) The Comprehensive Alcohol Abuse and provided in 49 CFR part 24 and FTA title of real property acquired in whole or in Alcoholism Prevention Act of 1970, Pub. L. procedures; part with Federal assistance funds to assure 91–616, Dec. 31, 1970, and amendments (d) Within a reasonable time before nondiscrimination during the useful life of thereto, 42 U.S.C. 4581 et seq. relating to displacement, the Applicant will make the project; nondiscrimination on the basis of alcohol available comparable replacement dwellings (12) Will comply with FTA requirements abuse or alcoholism; to displaced families and individuals as concerning the drafting, review, and approval (g) The Public Health Service Act of 1912, required by 42 U.S.C. 4625(c)(3); of construction plans and specifications of as amended, 42 U.S.C. 290dd–3 and 290ee– (e) The Applicant will carry out the any construction project supported with FTA 3, related to confidentiality of alcohol and relocation process in such manner as to assistance. As required by U.S. DOT drug abuse patient records; provide displaced persons with uniform and regulations, ‘‘Seismic Safety,’’ 49 CFR (h) Title VIII of the Civil Rights Act, 42 consistent services, and will make available 41.117(d), before accepting delivery of any U.S.C. 3601 et seq., relating to replacement housing in the same range of building financed with FTA assistance, it nondiscrimination in the sale, rental, or choices with respect to such housing to all will obtain a certificate of compliance with financing of housing; displaced persons regardless of race, color, the seismic design and construction (i) Any other nondiscrimination provisions religion, or national origin; requirements of 49 CFR part 41; in the specific statutes under which Federal (f) In acquiring real property, the Applicant (13) Will provide and maintain competent assistance for the project may be provided will be guided to the greatest extent and adequate engineering supervision at the including, but not limited, to 49 U.S.C. 5332, practicable under state law, by the real construction site of any project supported which prohibits discrimination on the basis property acquisition policies of 42 U.S.C. with FTA assistance to ensure that the of race, color, creed, national origin, sex, or 4651 and 4652; complete work conforms with the approved age, and prohibits discrimination in (g) The Applicant will pay or reimburse plans and specifications, and will furnish employment or business opportunity, and property owners for necessary expenses as progress reports and such other information section 1101(b) of the Transportation Equity specified in 42 U.S.C. 4653 and 4654, with as may be required by FTA or the state; Act for the 21st Century, 23 U.S.C. 101 note, the understanding that FTA will provide (14) Will comply with any applicable which provides for participation of Federal financial assistance for the environmental standards that may be disadvantaged business enterprises in FTA Applicant’s eligible costs of providing prescribed to implement the following programs; and payments for those expenses, as required by Federal laws and executive orders: (j) Any other nondiscrimination statute(s) 42 U.S.C. 4631; (a) Institution of environmental quality that may apply to the project; (h) The Applicant will execute such control measures under the National (6) Will comply with, or has complied amendments to third party contracts and Environmental Policy Act of 1969, as with, the requirements of Titles II and III of subagreements financed with FTA assistance amended, 42 U.S.C. 4321 et seq. and

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Executive Order No. 11514, as amended, 42 Agriculture regulations, ‘‘Animal Welfare,’’ 9 3. Private Mass Transportation Companies U.S.C. 4321 note; CFR subchapter A, parts 1, 2, 3, and 4, A State or local government Applicant (b) Notification of violating facilities regarding the care, handling, and treatment of seeking Federal assistance authorized by 49 pursuant to Executive Order No. 11738, 42 warm blooded animals held or used for U.S.C. chapter 53 to acquire the property or U.S.C. 7606 note; research, teaching, or other activities an interest in the property of a private mass (c) Protection of wetlands pursuant to supported by Federal assistance; transportation company or to operate mass Executive Order No. 11990, 42 U.S.C. 4321 (18) Will have performed the financial and transportation equipment or facilities in note; compliance audits as required by the Single competition with, or in addition to, (d) Evaluation of flood hazards in Audit Act Amendments of 1996, 31 U.S.C. transportation service provided by an floodplains in accordance with Executive 7501 et seq., OMB Circular No. A–133, existing mass transportation company must ‘‘Audits of States, Local Governments, and Order 11988, 42 U.S.C. 4321 note; provide the following certification. FTA may Non-Profit Organizations,’’ Revised, and the (e) Assurance of project consistency with not award Federal assistance for that type of most recent applicable OMB A–133 the approved state management program project until the Applicant provides this Compliance Supplement provisions for the developed pursuant to the requirements of certification by selecting Category ‘‘03.’’ Department of Transportation; and the Coastal Zone Management Act of 1972, as As required by 49 U.S.C. 5323(a)(1), the (19) Will comply with all applicable amended, 16 U.S.C. 1451 et seq.; Applicant certifies that before it acquires the requirements of all other Federal laws, (f) Conformity of Federal actions to State property or an interest in the property of a executive orders, regulations, and policies (Clean Air) Implementation Plans under private mass transportation company or governing the project. section 176(c) of the Clean Air Act of 1955, operates mass transportation equipment or as amended, 42 U.S.C. 7401 et seq.; 2. Lobbying facilities in competition with, or in addition (g) Protection of underground sources of An Applicant that submit or intends to to, transportation service provided by an drinking water under the Safe Drinking existing mass transportation company, it has Water Act of 1974, as amended, 42 U.S.C. submit an application for Federal assistance exceeding $100,000 must provide the or will have: 300h et seq.; A. Found that the assistance is essential to (h) Protection of endangered species under following certification. FTA may not award Federal assistance exceeding $100,000 until carrying out a program of projects as the Endangered Species Act of 1973, as determined by the plans and programs of the amended, 16 U.S.C. 1531 et seq.; and the Applicant provides this certification by selecting Category ‘‘02.’’ metropolitan planning organization; (i) Environmental protections for Federal A. As required by U.S. DOT regulations, B. Provided for the participation of private transportation programs, including, but not ‘‘New Restrictions on Lobbying,’’ at 49 CFR mass transportation companies to the limited to, protections for parks, recreation 20.110, the Applicant’s authorized maximum extent feasible consistent with areas, or wildlife or waterfowl refuges of representative certifies to the best of his or applicable FTA requirements and policies; national, state, or local significance or any her knowledge and belief that for each C. Paid just compensation under state or land from a historic site of national, state, or application for Federal assistance exceeding local law to a private mass transportation local significance to be used in a $100,000: company for its franchises or property transportation project as required by 49 (1) No Federal appropriated funds have acquired; and U.S.C. 303; been or will be paid by or on behalf of the D. Acknowledged that the assistance falls (j) Protection of the components of the Applicant to any person to influence or within the labor standards compliance national wild and scenic rivers systems, as attempt to influence an officer or employee requirements of 49 U.S.C. 5333(a) and required under the Wild and Scenic Rivers of any Federal agency, a Member of Congress, 5333(b). Act of 1968, as amended, 16 U.S.C. 1271 et an officer or employee of Congress, or an 4. Public Hearing seq.; and employee of a Member of Congress regarding (k) Provision of assistance to FTA in the award of Federal assistance, or the An Applicant seeking Federal assistance complying with section 106 of the National extension, continuation, renewal, authorized by 49 U.S.C. chapter 53 for a Historic Preservation Act of 1966, as amendment, or modification of any Federal capital project that will substantially affect a amended, 16 U.S.C. 470f; the Archaeological assistance agreement; and community or a community’s mass and Historic Preservation Act of 1974, as (2) If any funds other than Federal transportation service must provide the amended, 16 U.S.C. 469a–1 et seq.; and appropriated funds have been or will be paid following certification. FTA may not award Executive Order No. 11593 (identification to any person to influence or attempt to Federal assistance for that type of project and protection of historic properties), 16 influence an officer or employee of any until the Applicant provides this certification U.S.C. 470 note; Federal agency, a Member of Congress, an by selecting Category ‘‘04.’’ (15) To the extent applicable, will comply officer or employee of Congress, or an As required by 49 U.S.C. 5323(b), the with the requirements of the Hatch Act, 5 employee of a Member of Congress in Applicant certifies that it has, or before U.S.C. 1501 through 1508, and 7324 through connection with any application for Federal submitting its application, it will have: 7326, which limit the political activities of assistance, the Applicant assures that it will A. Provided an adequate opportunity for a state and local agencies and their officers and complete and submit Standard Form-LLL, public hearing with adequate prior notice of employees whose primary employment ‘‘Disclosure Form to Report Lobbying,’’ the proposed project published in a activities are financed in whole or part with including information required by the newspaper of general circulation in the Federal funds including a Federal loan, grant instructions accompanying the form, which geographic area to be served; agreement, or cooperative agreement except, form may be amended to omit such B. Held that hearing and provided FTA a in accordance with 23 U.S.C. 142(g), the information as authorized by 31 U.S.C. 1352. transcript or detailed report summarizing the Hatch Act does not apply to a (3) The language of this certification shall issues and responses, unless no one with a nonsupervisory employee of a transit system be included in the award documents for all significant economic, social, or (or of any other agency or entity performing subawards at all tiers (including environmental interest requests a hearing; related functions) receiving FTA assistance to subcontracts, subgrants, and contracts under C. Considered the economic, social, and whom that Act does not otherwise apply; grants, loans, and cooperative agreements). environmental effects of the proposed (16) Will comply with the National B. The Applicant understands that this project; and Research Act, Pub. L. 93–348, July 12, 1974, certification is a material representation of D. Determined that the proposed project is as amended, 42 U.S.C. 289 et seq., and U.S. fact upon which reliance is placed and that consistent with official plans for developing DOT regulations, ‘‘Protection of Human submission of this certification is a the urban area. Subjects,’’ 49 CFR part 11, regarding the prerequisite for providing Federal assistance protection of human subjects involved in for a transaction covered by 31 U.S.C. 1352. 5. Acquisition of Rolling Stock research, development, and related activities The Applicant also understands that any An Applicant seeking Federal assistance supported by Federal assistance; person who fails to file a required authorized by 49 U.S.C. chapter 53 to acquire (17) Will comply with the Laboratory certification shall be subject to a civil penalty any rolling stock must provide the following Animal Welfare Act of 1966, as amended, 7 of not less than $10,000 and not more than certification. FTA may not award any Federal U.S.C. 2131 et seq., and U.S. Department of $100,000 for each such failure. assistance to acquire such rolling stock until

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the Applicant provides this certification by and imposition of penalties, including 10. Alcohol Misuse and Prohibited Drug Use selecting Category ‘‘05.’’ debarment from the receipt of further Federal If the Applicant is required to provide the As required by 49 U.S.C. 5323(m) and assistance for transportation. following certification concerning its implementing FTA regulations at 49 CFR 8. School Transportation Agreement activities to prevent alcohol misuse and 663.7, the Applicant certifies that it will prohibited drug use in its transit operations, comply with the requirements of 49 CFR part An Applicant seeking Federal assistance FTA may not provide Federal assistance to 663 when procuring revenue service rolling authorized by 49 U.S.C. chapter 53 or by that Applicant until it provides this stock. Among other things, the Applicant Title 23, U.S.C. to acquire or operate certification by selecting Category ‘‘10.’’ agrees to conduct or cause to be conducted transportation facilities and equipment must As required by FTA regulations, the requisite pre-award and post-delivery enter into the following School ‘‘Prevention of Alcohol Misuse and reviews, and maintain on file the Transportation Agreement. FTA may not Prohibited Drug Use in Transit Operations,’’ certifications required by 49 CFR part 663, provide assistance for such projects until the at 49 CFR part 655, subpart I, the Applicant subparts B, C, and D. Applicant enters into this agreement by certifies that it has established and 6. Bus Testing selecting Category ‘‘08.’’ implemented an alcohol misuse and anti- An Applicant for Federal assistance A. As required by 49 U.S.C. 5323(f) and drug program, and has complied with or will appropriated or made available for 49 U.S.C. FTA regulations, ‘‘School Bus Operations,’’ at comply with all applicable requirements of chapter 53 to acquire any new bus model or 49 CFR 605.14, the Applicant agrees that it FTA regulations, ‘‘Prevention of Alcohol any bus model with a new major change in and all its recipients will: Misuse and Prohibited Drug Use in Transit configuration or components must provide (1) Engage in school transportation Operations,’’ 49 CFR part 655. the following certification. FTA may not operations in competition with private 11. Interest and Other Financing Costs provide assistance for the acquisition of new school transportation operators only to the An Applicant that intends to request the buses until the Applicant provides this extent permitted by 49 U.S.C. 5323(f), and use of Federal assistance for reimbursement certification by selecting Category ‘‘06.’’ Federal regulations; and of interest or other financing costs incurred As required by FTA regulations, ‘‘Bus (2) Comply with the requirements of 49 for its capital projects must provide the Testing,’’ at 49 CFR 665.7, the Applicant CFR part 605 before providing any school following certification. FTA may not provide certifies that before expending any Federal transportation using equipment or facilities assistance to support those costs until the assistance to acquire the first bus of any new acquired with Federal assistance and Applicant provides this certification by bus model or any bus model with a new authorized by 49 U.S.C. chapter 53 or Title selecting Category ‘‘11.’’ major change in configuration or 23 U.S.C. for transportation projects. In compliance with 49 U.S.C. 5307(g), 49 components, or before authorizing final B. As The Applicant understands that: U.S.C. 5309(g)(2)(B), 49 U.S.C. 5309(g)(3)(A), acceptance of that bus (as described in 49 (1) The requirements of 49 CFR part 605 and 49 U.S.C. 5309(n), the Applicant certifies CFR part 665), the bus model: will apply to any school transportation that it will not seek reimbursement for A. Will have been tested at a bus testing service it provides, interest and other financing costs unless its facility approved by FTA; and (2) The definitions of 49 CFR part 605 will records demonstrate that it has used B. Will have received a copy of the test apply to this school transportation report prepared on the bus model. reasonable diligence in seeking the most agreement, and favorable financing terms underlying those 7. Charter Service Agreement (3) A violation of this School costs, to the extent FTA may require. Transportation Agreement may require An Applicant seeking Federal assistance corrective measures and imposition of 12. Intelligent Transportation Systems authorized by 49 U.S.C. chapter 53 (except 49 penalties, including debarment from the U.S.C. 5310), or by Title 23, U.S.C. to acquire An Applicant for FTA assistance for an receipt of further Federal assistance for Intelligent Transportation Systems (ITS) or operate any mass transportation transportation. equipment or facilities must enter into the project, defined as any project that in whole following Charter Service Agreement. FTA 9. Demand Responsive Service or in part finances the acquisition of may not provide assistance authorized by 49 technologies or systems of technologies that An Applicant that operates demand provide or significantly contribute to the U.S.C. chapter 53 (except 49 U.S.C. 5310), or responsive service and applies for direct by Title 23, U.S.C. for projects until the provision of one or more ITS user services as Federal assistance authorized for 49 U.S.C. defined in the ‘‘National ITS Architecture,’’ Applicant enters into this Charter Service chapter 53 to acquire non-rail mass Agreement by selecting Category ‘‘07.’’ must provide the following assurance. FTA transportation vehicles is required to provide may not award any Federal assistance for an A. As required by 49 U.S.C. 5323(d) and the following certification. FTA may not FTA regulations, ‘‘Charter Service,’’ at 49 ITS project until the Applicant provides this award direct Federal assistance authorized CFR 604.7, the Applicant agrees that it and assurance by selecting Category ‘‘12.’’ for 49 U.S.C. chapter 53 to an Applicant that its recipients will: As used in this assurance, the term operates demand responsive service to (1) Provide charter service that uses Intelligent Transportation Systems (ITS) acquire non-rail mass transportation vehicles equipment or facilities acquired with Federal project is defined to include any project that assistance authorized by 49 U.S.C. chapter 53 until the Applicant provides this certification in whole or in part finances the acquisition (except 49 U.S.C. 5310), or Title 23, U.S.C., by selecting Category ‘‘09.’’ of technologies or systems of technologies only to the extent that there are no private As required by U.S. DOT regulations, that provide or significantly contribute to the charter service operators willing and able to ‘‘Transportation Services for Individuals with provision of one or more ITS user services as provide the charter service that it or its Disabilities (ADA),’’ at 49 CFR 37.77(d), the defined in the ‘‘National ITS Architecture.’’ recipients desire to provide, unless one or Applicant certifies that its demand A. In accordance with section 5206(e) of more of the exceptions in 49 CFR 604.9 responsive service offered to persons with TEA–21, 23 U.S.C. 502 note, the Applicant applies; and disabilities, including persons who use assures it will comply with all applicable (2) Comply with the requirements of 49 wheelchairs, is equivalent to the level and requirements of Section V (Regional ITS CFR part 604 before providing any charter quality of service offered to persons without Architecture and Section VI (Project service using equipment or facilities acquired disabilities. When the Applicant’s service is Implementation) of FTA Notice, ‘‘FTA with Federal assistance authorized by 49 viewed in its entirety, the Applicant’s service National ITS Architecture Policy on Transit U.S.C. chapter 53 (except 49 U.S.C. 5310), or for persons with disabilities is provided in Projects,’’ at 66 FR 1455 et seq., January 8, Title 23, U.S.C. for transportation projects. the most integrated setting feasible and is 2001, and other FTA requirements that may B. As The Applicant understands that: equivalent with respect to: (1) Response time, be issued in connection with any ITS project (1) The requirements of 49 CFR part 604 (2) fares, (3) geographic service area, (4) it undertakes financed with Highway Trust will apply to any charter service it provides, hours and days of service, (5) restrictions on Funds (including funds from the mass transit (2) The definitions of 49 CFR part 604 will trip purpose, (6) availability of information account) or funds made available for the apply to this Charter Service Agreement, and and reservation capability, and (7) Intelligent Transportation Systems Program (3) A violation of this Charter Service constraints on capacity or service authorized by TEA–21, title V, subtitle C, 23 Agreement may require corrective measures availability. U.S.C. 502 note.

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B. With respect to any ITS project financed or involving a facility or equipment of a necessary to expend one (1) percent of the with Federal assistance derived from a source project financed with Federal assistance amount of Federal assistance it receives for other than Highway Trust Funds (including authorized for 49 U.S.C. 5307, or for the Job this fiscal year apportioned in accordance funds from the Mass Transit Account) or Access and Reverse Commute Program at with 49 U.S.C. 5336 for transit security TEA–21, title V, subtitle C, 23 U.S.C. 502 section 3037 of the Transportation Equity Act projects, it will expend at least one (1) note, the Applicant assures that is will use for the 21st Century (TEA–21), 49 U.S.C. percent of that assistance for transit security its best efforts to ensure that any ITS project 5309 note, not more than fifty (50) percent of projects, including increased lighting in or it undertakes will not preclude interface with the peak hour fare; adjacent to a transit system (including bus other intelligent transportation systems in the (e) In carrying out a procurement financed stops, subway stations, parking lots, and Region. with Federal assistance authorized for the garages), increased camera surveillance of an Urbanized Area Formula Program, 49 U.S.C. area in or adjacent to that system, emergency 13. Urbanized Area, JARC, and Clean Fuels 5307, or the Job Access and Reverse telephone line or lines to contact law Programs Commute Program, section 3037 of TEA–21, enforcement or security personnel in an area Each Applicant for Urbanized Area 49 U.S.C. 5309 note, it: (1) will use in or adjacent to that system, and any other Formula Program assistance authorized by 49 competitive procurement (as defined or project intended to increase the security and U.S.C. 5307, each Applicant for Job Access approved by the Secretary), (2) will not use safety of an existing or planned transit and Reverse Commute Program assistance exclusionary or discriminatory system. authorized by section 3037 of the specifications, and (3) will comply with (2) As required by 49 U.S.C. 5307(k)(3), if Transportation Equity Act for the 21st applicable Buy America laws; it has received Transit Enhancement funds Century, 49 U.S.C. 5309 note, and each (f) It has complied with or will comply authorized by 49 U.S.C. 5307(k)(1), its Applicant for Clean Fuels Formula Program with the requirements of 49 U.S.C. 5307(c). quarterly report for the fourth quarter of the assistance authorized by 49 U.S.C. 5308 must Specifically, it: (1) Has made available, or preceding Federal fiscal year includes a list provide the following certifications. FTA will make available, to the public of the projects it has implemented during may not award Federal assistance for those information on the amounts available for the that fiscal year using those funds, and that programs until the Applicant provides these Urbanized Area Formula Program, 49 U.S.C. report is incorporated by reference and made certifications and assurances by selecting 5307 and, if applicable, the Job Access and part of its certifications and assurances. Category ‘‘13.’’ A state or other Applicant Reverse Commute Grant Program, 49 U.S.C. providing certifications and assurances that 5309 note, and the program of projects it B. Certification Required for Capital Leasing require the compliance of its prospective proposes to undertake; (2) has developed or As required by FTA regulations, ‘‘Capital subrecipients is expected to obtain sufficient will develop, in consultation with interested Leases,’’ at 49 CFR 639.15(b)(1) and 49 CFR documentation from those subrecipients to parties including private transportation 639.21, if the Applicant acquires any capital assure the validity of its certifications and providers, a proposed program of projects for asset by lease financed with Federal assurances. activities to be financed; (3) has published or assistance authorized for 49 U.S.C. 5307 or Each Applicant that received Transit will publish a proposed program of projects section 3037 of TEA–21, 49 U.S.C. 5309 note, Enhancement funds authorized by 49 U.S.C. in a way that affected citizens, private the Applicant certifies as follows: 5307(k)(1) must list the projects carried out transportation providers, and local elected (1) It will not use Federal assistance during that Federal fiscal year with those officials have the opportunity to examine the authorized for 49 U.S.C. 5307 or section 3037 funds in its quarterly report for the fourth proposed program and submit comments on of TEA–21, 49 U.S.C. 5309 note, to finance quarter of the preceding Federal fiscal year. the proposed program and the performance the cost of leasing any capital asset until it That list constitutes the report of transit of the Applicant; (4) has provided or will performs calculations demonstrating that enhancement projects carried out during that provide an opportunity for a public hearing leasing the capital asset would be more cost- fiscal year, which report is required to be to obtain the views of citizens on the effective than purchasing or constructing a submitted as part of the Applicant’s annual proposed program of projects; (5) has ensured similar asset; certifications and assurances, in accordance or will ensure that the proposed program of (2) It will complete these calculations with 49 U.S.C. 5307(k)(3), and is therefore projects provides for the coordination of before entering into the lease or before incorporated by reference and made part of transportation services assisted under 49 receiving a capital grant for the asset, the Applicant’s annual certifications and U.S.C. 5336 with transportation services whichever is later; and assurances. FTA may not award Urbanized assisted by another Federal Government (3) It will not enter into a capital lease for Area Formula Program assistance to any source; (6) has considered or will consider which FTA can provide only incremental Applicant that has received Transit the comments and views received, especially Federal assistance unless it has adequate Enhancement funds authorized by 49 U.S.C. those of private transportation providers, in financial resources to meet its future 5307(k)(1), unless that Applicant’s quarterly preparing its final program of projects; and obligations under the lease in the event report for the fourth quarter of the preceding (7) has made or will make the final program Federal assistance is not available for capital Federal fiscal year has been submitted to of projects available to the public; projects in subsequent years. FTA and includes the requisite list. (g) It has or will have available and will provide the amount of funds required by 49 C. Certification Required for the Sole Source A. Certifications Required for the Urbanized U.S.C. 5307(e) and applicable FTA policy Acquisition of an Associated Capital Area Formula Program (specifying Federal and local shares of Maintenance Item (1) As required by 49 U.S.C. 5307(d)(1)(A) project costs); As required by 49 U.S.C. 5325(c), the through (J), the Applicant certifies and (h) It will comply with: 49 U.S.C. 5301(a) Applicant certifies that when it procures an assures as follows: (requirements for transportation systems that associated capital maintenance item as (a) It has or will have the legal, financial, maximize mobility and minimize fuel authorized by 49 U.S.C. 5307(b)(1), it will use and technical capacity to carry out the consumption and air pollution); 49 U.S.C. competition, unless the original proposed program of projects; 5301(d) (requirements for transportation of manufacturer or supplier of the item is the (b) It has or will have satisfactory the elderly and persons with disabilities); 49 only source for that item and the price of that continuing control over the use of Project U.S.C. 5303 through 5306 (planning item is no more than the price similar equipment and facilities; requirements); and 49 U.S.C. 5301(d) (special customers pay for that item, and that for each (c) It will adequately maintain the efforts to design and provide mass such procurement, it will maintain sufficient equipment and facilities; transportation for the elderly and persons records on file and easily retrievable for (d) It will ensure that elderly and with disabilities); inspection by FTA. handicapped persons, or any person (i) It has a locally developed process to presenting a Medicare card issued to himself solicit and consider public comment before D. Clean Fuels Formula Grant Program or herself pursuant to title II or title XVIII of raising fares or implementing a major Certification the Social Security Act (42 U.S.C. 401 et seq. reduction of transportation; and As required by 49 U.S.C. 5308(c)(2), the or 42 U.S.C. 1395 et seq.), will be charged for (j) As required by 49 U.S.C. 5307(d)(1)(J), Applicant certifies that vehicles financed transportation during non-peak hours using unless it has determined that it is not with Federal assistance provided for the

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Clean Fuels Formula Program, 49 U.S.C. and maintain the vehicles and equipment described in the joint FHWA/FTA 5308, will be operated only with clean fuels. financed with Federal assistance awarded for regulations, ‘‘Environmental Impact and its project; Related Procedures,’’ at 23 CFR 771.117(c). 14. Elderly and Persons With Disabilities (2) The subrecipient has coordinated or The state certifies that, until the required Program will coordinate to the maximum extent Federal environmental finding is made, An Applicant that intends to administer feasible with other transportation providers financial assistance will not be provided for the Elderly and Persons With Disabilities and users, including social service agencies any project that does not qualify for a Program on behalf of a state must provide the authorized to purchase transit service; categorical exclusion described in 23 CFR following certifications and assurances. In (3) The subrecipient has complied or will 771.117(c). The state further certifies that, providing certifications and assurances that comply with all applicable civil rights until the required Federal conformity finding require the compliance of its prospective requirements; has been made, no financial assistance will subrecipients, the Applicant is expected to (4) The subrecipient has complied or will be provided for a project requiring a Federal obtain sufficient documentation from those comply with applicable requirements of U.S. conformity finding in accordance with the subrecipients to assure the validity of its DOT regulations regarding participation of U.S. Environmental Protection Agency’s certifications and assurances. FTA may not disadvantaged business enterprises in U.S. Clean Air Conformity regulations at 40 CFR award assistance for the Elderly and Persons DOT programs; parts 51 and 93. with Disabilities Program until the Applicant (5) The subrecipient has complied or will H. The state assures that it will enter into provides these certifications and assurances comply with Federal requirements regarding a written agreement with each subrecipient by selecting Category ‘‘14.’’ transportation of elderly persons and persons stating the terms and conditions of assistance The Applicant administering, on behalf of with disabilities; by which the project will be undertaken and the state, the Elderly and Persons with (6) The subrecipient has complied or will completed. Disabilities Program authorized by 49 U.S.C. comply with applicable provisions of 49 CFR I. The state recognizes the authority of 5310 certifies and assures that the following part 605 pertaining to school transportation FTA, U.S. DOT, and the Comptroller General requirements and conditions will be fulfilled: operations; of the United States to conduct audits and A. The state organization serving as the (7) Viewing its demand responsive service reviews to verify compliance with the Applicant and each subrecipient has or will to the general public in its entirety, the foregoing requirements and stipulations, and have the necessary legal, financial, and subrecipient has complied or will comply assures that, upon request, the State and its managerial capability to apply for, receive, with the requirement to provide demand and disburse Federal assistance authorized subrecipients will make the necessary responsive service to persons with for 49 U.S.C. 5310; and to implement and records available to FTA, U.S. DOT and the disabilities, including persons who use manage the project. Comptroller General of the United States. wheelchairs, meeting the standards of B. The state assures that each subrecipient The state also acknowledges its obligation equivalent service set forth in 49 CFR either is recognized under state law as a under 49 CFR 18.40(a) to monitor project 37.77(c), before purchasing non-accessible private nonprofit organization with the legal activities carried out by its subrecipients to vehicles for use in demand responsive capability to contract with the state to carry assure compliance with applicable Federal service for the general public; out the proposed project, or is a public body requirements. (8) The subrecipient has established or will that has met the statutory requirements to 15. Nonurbanized Area Formula Program receive Federal assistance authorized for 49 establish a procurement system, and has U.S.C. 5310. conducted or will conduct its procurements An Applicant that intends to administer C. The private nonprofit subrecipient’s in compliance with all applicable provisions the Nonurbanized Area Formula Program on application for 49 U.S.C. 5310 assistance of Federal laws, executive orders, behalf of a state must provide the following contains information from which the state regulations, FTA Circular 4220.1E, ‘‘Third certifications and assurances. In providing concludes that the transit service provided or Party Contracting Requirements,’’ as certifications and assurances that require the offered to be provided by existing public or amended and revised, and other Federal compliance of its prospective subrecipients, private transit operators is unavailable, requirements that may be applicable; the Applicant is expected to obtain sufficient insufficient, or inappropriate to meet the (9) The subrecipient has complied or will documentation from those subrecipients to special needs of the elderly and persons with comply with the requirement that its project assure the validity of its certifications and disabilities. provide for the participation of private mass assurances. FTA may not award D. The state assures that sufficient non- transportation companies to the maximum Nonurbanized Area Formula Program Federal funds have been or will be extent feasible; assistance to the Applicant until the committed to provide the required local (10) The subrecipient has paid or will pay Applicant provides these certifications and share. just compensation under state or local law to assurances by selecting Categories ‘‘1 through E. The state assures that, before issuing the each private mass transportation company for 11’’ and ‘‘15.’’ state’s formal approval of a project, its its franchise or property acquired under the The Applicant administering, on behalf of Elderly and Persons with Disabilities project; the state, the Nonurbanized Area Formula Formula Program is included in the (11) The subrecipient has complied or will Program authorized by 49 U.S.C. 5311 Statewide Transportation Improvement comply with all applicable lobbying certifies and assures that the following Program as required by 23 U.S.C. 135; all requirements for each application exceeding requirements and conditions will be fulfilled: projects to be implemented in urbanized $100,000; A. The state organization serving as the areas recommended for approval are (12) The subrecipient has complied or will Applicant and each subrecipient has or will included in the metropolitan Transportation comply with all applicable nonprocurement have the necessary legal, financial, and Improvement Program in which the suspension and debarment requirements; managerial capability to apply for, receive, subrecipient is located; and any prospective (13) The subrecipient has complied or will and disburse Federal assistance authorized subrecipient of capital assistance that is a comply with all applicable bus testing for 49 U.S.C. 5311; and to implement and public body has provided an opportunity for requirements for new bus models; manage the project. a public hearing. (14) The subrecipient has complied or will B. The state assures that sufficient non- F. The state recognizes that the comply with applicable FTA Intelligent Federal funds have been or will be subrecipient, rather than the state itself, will Transportation Systems architecture committed to provide the required local be ultimately responsible for implementing requirements to the extent required by FTA; share. many Federal requirements covered by the and C. The state assures that before issuing the certifications and assurances the state has (15) The subrecipient has complied or will state’s formal approval of the project, its signed. After having taken appropriate comply with all applicable pre-award and Nonurbanized Area Formula Program is measures to secure the necessary compliance post-delivery review requirements. included in the Statewide Transportation by each subrecipient, the state assures, on G. Unless otherwise noted, each of the Improvement Program as required by 23 behalf of each subrecipient, that: subrecipient’s projects qualifies for a U.S.C. 135; and projects are included in a (1) The subrecipient has or will have by the categorical exclusion and does not require metropolitan Transportation Improvement time of delivery, sufficient funds to operate further environmental approvals, as Program, to the extent applicable.

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D. The state has provided for a fair and (11) The subrecipient has complied or will A. The state organization serving as the equitable distribution of Federal assistance comply with the requirement that its project Applicant and each subrecipient has or will authorized for 49 U.S.C. 5311 within the provide for the participation of private have the necessary legal, financial, and state, including Indian reservations within enterprise to the maximum extent feasible; managerial capability to apply for, receive, the state. (12) The subrecipient has paid or will pay and disburse Federal assistance authorized E. The state recognizes that the just compensation under state or local law to for 49 U.S.C. 5311; and to implement and subrecipient, rather than the state itself, will each private mass transportation company for manage the project. be ultimately responsible for implementing its franchise or property acquired under the B. The state assures that sufficient non- many Federal requirements covered by the project; Federal funds have been or will be certifications and assurances the state has (13) The subrecipient has complied or will committed to provide the required local signed. After having taken appropriate comply with all applicable lobbying share. measures to secure the necessary compliance requirements for each application exceeding C. The state assures that before issuing the by each subrecipient, the state assures, on $100,000; state’s formal approval of the project, its behalf of each subrecipient, that: (14) The subrecipient has complied or will Nonurbanized Area Formula Program is (1) The subrecipient has or will have, by comply with all applicable nonprocurement included in the Statewide Transportation the time of delivery, sufficient funds to suspension and debarment requirements; Improvement Program as required by 23 operate and maintain the vehicles and G. Unless otherwise noted, each of the U.S.C. 135; and projects are included in a equipment financed with Federal assistance subrecipient’s projects qualifies for a metropolitan Transportation Improvement awarded for its project; categorical exclusion and does not require Program, to the extent applicable. (2) The subrecipient has coordinated or further environmental approvals, as D. The state has provided for a fair and will coordinate to the maximum extent described in the joint FHWA/FTA equitable distribution of Federal assistance feasible with other transportation providers regulations, ‘‘Environmental Impact and authorized for 49 U.S.C. 5311 within the and users, including social service agencies Related Procedures,’’ at 23 CFR 771.117(c). state, including Indian reservations within authorized to purchase transit service; The state certifies that, until the required the state. (3) The subrecipient has complied or will Federal environmental finding is made, E. The state recognizes that the comply with all applicable civil rights financial assistance will not be provided for subrecipient, rather than the state itself, will requirements; any project that does not qualify for a be ultimately responsible for implementing (4) The subrecipient has complied or will categorical exclusion described in 23 CFR many Federal requirements covered by the comply with applicable requirements of U.S. 771.117(c). The state further certifies that, certifications and assurances the state has DOT regulations regarding participation of until the required Federal conformity finding signed. After having taken appropriate disadvantaged business enterprises in U.S. has been made, no financial assistance will measures to secure the necessary compliance by each subrecipient, the state assures, on DOT programs; be provided for a project requiring a Federal behalf of each subrecipient, that: (5) The subrecipient has complied or will conformity finding in accordance with the (1) The subrecipient has or will have, by comply with Federal requirements regarding U.S. Environmental Protection Agency’s the time of delivery, sufficient funds to transportation of elderly persons and persons Clean Air Conformity regulations at 40 CFR operate and maintain the vehicles and with disabilities; parts 51 and 93. H. The state assures that it will enter into equipment financed with Federal assistance (6) The subrecipient has complied or will a written agreement with each subrecipient awarded for its project; comply with the transit employee protective stating the terms and conditions of assistance (2) The subrecipient has coordinated or provisions of 49 U.S.C. 5333(b), by one of the by which the project will be undertaken and will coordinate to the maximum extent following actions: (a) signing the Special completed. feasible with other transportation providers Warranty for the Nonurbanized Area Formula I. The state recognizes the authority of and users, including social service agencies Program, (b) agreeing to alternative FTA, U.S. DOT, and the Comptroller General authorized to purchase transit service; comparable arrangements approved by the of the United States to conduct audits and (3) The subrecipient has complied or will Department of Labor (DOL), or (c) obtaining reviews to verify compliance with the comply with all applicable civil rights a waiver from DOL; and the state has foregoing requirements and stipulations, and requirements; certified the subrecipient’s compliance to assures that, upon request, the State and its (4) The subrecipient has complied or will DOL; subrecipients will make the necessary comply with applicable requirements of U.S. (7) The subrecipient has complied or will records available to FTA, U.S. DOT and the DOT regulations regarding participation of comply with 49 CFR part 604 in the Comptroller General of the United States. disadvantaged business enterprises in U.S. provision of any charter service provided The state also acknowledges its obligation DOT programs; with equipment or facilities acquired with under 49 CFR 18.40(a) to monitor project (5) The subrecipient has complied or will FTA assistance; activities carried out by its subrecipients to comply with Federal requirements regarding (8) The subrecipient has complied or will assure compliance with applicable Federal transportation of elderly persons and persons comply with applicable provisions of 49 CFR requirements. with disabilities; part 605 pertaining to school transportation (6) The subrecipient has complied or will operations; 15. Nonurbanized Area Formula Program comply with the transit employee protective (9) Viewing its demand responsive service An Applicant that intends to administer provisions of 49 U.S.C. 5333(b), by one of the to the general public in its entirety, the the Nonurbanized Area Formula Program on following actions: (a) signing the Special subrecipient has complied or will comply behalf of a state must provide the following Warranty for the Nonurbanized Area Formula with the requirement to provide demand certifications and assurances. In providing Program, (b) agreeing to alternative responsive service to persons with certifications and assurances that require the comparable arrangements approved by the disabilities, including persons who use compliance of its prospective subrecipients, Department of Labor (DOL), or (c) obtaining wheelchairs, meeting the standards of the Applicant is expected to obtain sufficient a waiver from DOL; and the state has equivalent service set forth in 49 CFR documentation from those subrecipients to certified the subrecipient’s compliance to 37.77(c), before purchasing non-accessible assure the validity of its certifications and DOL; vehicles for use in demand responsive assurances. FTA may not award (7) The subrecipient has complied or will service for the general public; Nonurbanized Area Formula Program comply with 49 CFR part 604 in the (10) The subrecipient has established or assistance to the Applicant until the provision of any charter service provided will establish a procurement system, and has Applicant provides these certifications and with equipment or facilities acquired with conducted or will conduct its procurements assurances by selecting Categories ‘‘1 through FTA assistance; in compliance with all applicable provisions 11’’ and ‘‘15.’’ (8) The subrecipient has complied or will of Federal laws, executive orders, The Applicant administering, on behalf of comply with applicable provisions of 49 CFR regulations, FTA Circular 4220.1E, ‘‘Third the state, the Nonurbanized Area Formula part 605 pertaining to school transportation Party Contracting Requirements,’’ as Program authorized by 49 U.S.C. 5311 operations; amended and revised, and other Federal certifies and assures that the following (9) Viewing its demand responsive service requirements that may be applicable; requirements and conditions will be fulfilled: to the general public in its entirety, the

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subrecipient has complied or will comply H. The state recognizes the authority of that are required by Federal law or with the requirement to provide demand FTA, U.S. DOT, and the Comptroller General regulations; responsive service to persons with of the United States to conduct audits and (4) The provisions of the FHWA and FTA disabilities, including persons who use reviews to verify compliance with the cooperative agreement with the state to wheelchairs, meeting the standards of foregoing requirements and stipulations, and establish the state’s SIB program; and equivalent service set forth in 49 CFR assures that, upon request, the State and its (5) The provisions of the FTA grant 37.77(c), before purchasing non-accessible subrecipients will make the necessary agreement with the state that provides vehicles for use in demand responsive records available to FTA, U.S. DOT and the Federal assistance for the SIB, except that service for the general public; Comptroller General of the United States. any provision of the Federal Transit (10) The subrecipient has established or The state also acknowledges its obligation Administration Master Agreement will establish a procurement system, and has under 49 CFR 18.40(a) to monitor project incorporated by reference into that grant conducted or will conduct its procurements activities carried out by its subrecipients to agreement will not apply if it conflicts with in compliance with all applicable provisions assure compliance with applicable Federal any provision of National Highway System of Federal laws, executive orders, requirements. Designation Act of 1995, as amended, 23 regulations, FTA Circular 4220.1E, ‘‘Third I. In compliance with the requirements of U.S.C. 101 note, or section 1511 of TEA–21, Party Contracting Requirements,’’ as 49 U.S.C. 5311(f), the state assures that it will as amended, 23 U.S.C. 181 note, Federal amended and revised, and other Federal expend not less than fifteen (15) percent of guidance pertaining to the SIB program, the requirements that may be applicable; the amounts of Federal assistance as provisions of the cooperative agreement (11) The subrecipient has complied or will provided in 49 U.S.C. 5311(f) and establishing the SIB program within the state, comply with the requirement that its project apportioned during this Federal fiscal year to or the provisions of the FTA grant agreement. provide for the participation of private carry out a program within the State to B. The state agrees to comply with, and enterprise to the maximum extent feasible; develop and support intercity bus assures the compliance of the SIB and each (12) The subrecipient has paid or will pay transportation, unless the chief executive subrecipient of assistance provided by the just compensation under state or local law to officer of the state, or his or her designee, SIB with, all applicable requirements for the each private mass transportation company for duly authorized under state law, regulations SIB program, as those requirements may be its franchise or property acquired under the or procedures, certifies to the Federal Transit amended from time to time. Pursuant to project; Administrator that the intercity bus service subsection 1511(h)(2) of TEA–21, 23 U.S.C. (13) The subrecipient has complied or will needs of the state are being adequately met. 181 note, the state understands and agrees comply with all applicable lobbying that any previous cooperative agreement requirements for each application exceeding 16. State Infrastructure Bank Program entered into with FHWA and FTA under $100,000; An Applicant for a grant of Federal section 350 of the National Highway System (14) The subrecipient has complied or will assistance for deposit in its State Designation Act of 1995, as amended, 23 comply with all applicable nonprocurement Infrastructure Bank (SIB) must provide the U.S.C. 101 note, has been or will be revised suspension and debarment requirements; following certifications and assurances. In to comply with the requirements of TEA–21. (15) The subrecipient has complied or will providing certifications and assurances that C. The state assures that the SIB will comply with all applicable bus testing require the compliance of its prospective provide Federal assistance from its Transit requirements for new bus models; (16) The subrecipient has complied or will subrecipients, the Applicant is expected to Account only for transit capital projects comply with all applicable pre-award and obtain sufficient documentation from those eligible under section 350 of the National post-delivery review requirements; subrecipients to assure the validity of its Highway System Designation Act of 1995, as (17) The subrecipient has complied with or certifications and assurances. FTA may not amended, 23 U.S.C. 101 note or under will comply with all assurances FTA requires award assistance for the SIB program to the section 1511 of TEA–21, 23 U.S.C. 181 note, for projects involving real property; Applicant until the Applicant provides these and that those projects will fulfill all (18) The subrecipient has complied or will certifications and assurances by selecting requirements imposed on comparable capital comply with applicable FTA Intelligent Categories ‘‘1’’ through 11,’’ and ‘‘16.’’ transit projects financed by FTA. Transportation Systems architecture The state, serving as the Applicant for D. The state understands that the total requirements, to the extent required by FTA; Federal assistance for its State Infrastructure amount of funds to be awarded will not be and Bank (SIB) program authorized by either immediately available for draw down. (19) The subrecipient has complied or will section 350 of the National Highway System Consequently, the state assures that it will comply with applicable prevention of alcohol Designation Act of 1995, as amended, 23 limit the amount of Federal assistance it misuse and prohibited drug use program U.S.C. 101 note, or the State Infrastructure draws down for deposit in the SIB to requirements, to the extent required by FTA. Bank Pilot Program, 23 U.S.C. 181 note, amounts that do not exceed the limitations F. Unless otherwise noted, each of the certifies and assures that the following specified in the grant agreement or the subrecipient’s projects qualifies for a requirements and conditions concerning any approved project budget for that grant categorical exclusion and does not require transit Project financed with Federal agreement. further environmental approvals, as assistance derived from its SIB have been or E. The state assures that each subrecipient described in the joint FHWA/FTA will be fulfilled: has or will have the necessary legal, regulations, ‘‘Environmental Impact and A. The state organization, which is serving financial, and managerial capability to apply Related Procedures,’’ at 23 CFR 771.117(c). as the Applicant (state) for Federal assistance for, receive, and disburse Federal assistance The state certifies that, until the required for its SIB, agrees and assures the agreement authorized by Federal statute for use in the Federal environmental finding is made, of its SIB and the agreement of each recipient SIB, and to implement, manage, operate, and financial assistance will not be provided for of Federal assistance derived from the SIB maintain the project and project property for any project that does not qualify for a within the state (subrecipient) that each which such assistance will support. categorical exclusion described in 23 CFR transit Project financed with Federal F. The state assures that sufficient non- 771.117(c). The state further certifies that, assistance derived from SIB will be Federal funds have been or will be until the required Federal conformity finding administered in accordance with: committed to provide the required local has been made, no financial assistance will (1) Applicable provisions of section 350 of share. be provided for a project requiring a Federal the National Highway System Designation G. The state recognizes that the SIB, rather conformity finding in accordance with the Act of 1995, as amended, 23 U.S.C. 101 note, than the State itself, will be ultimately U.S. Environmental Protection Agency’s or of the State Infrastructure Bank Pilot responsible for implementing many Federal Clean Air Conformity regulations at 40 CFR Program, 23 U.S.C. 181 note, and any further requirements covered by the certifications parts 51 and 93. amendments thereto; and assurances the state has signed. After G. The state assures that it will enter into (2) The provisions of any applicable having taken appropriate measures to secure a written agreement with each subrecipient Federal guidance that may be issued; the necessary compliance by the SIB, the stating the terms and conditions of assistance (3) The terms and conditions of state assures, on behalf of the SIB, that: by which the project will be undertaken and Department of Labor Certification(s) of (1) The SIB has complied or will comply completed. Transit Employee Protective Arrangements with all applicable civil rights requirements;

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(2) The SIB has complied or will comply of each subrecipient, the state assures, on (11) The subrecipient has complied or will with applicable requirements of U.S. DOT behalf of each subrecipient, that: comply with all applicable lobbying regulations regarding participation of (1) The subrecipient has complied or will requirements for each application exceeding disadvantaged business enterprises in U.S. comply with all applicable civil rights $100,000; DOT programs; requirements; (12) The subrecipient has complied or will (3) The SIB will provide Federal assistance (2) The subrecipient has complied or will comply with all nonprocurement suspension only to a subrecipient that is either a public comply with applicable requirements of U.S. and debarment requirements; or private entity recognized under state law DOT regulations regarding participation of (13) The subrecipient has complied or will as having the legal capability to contract with disadvantaged business enterprises in U.S. comply with all applicable bus testing the state to carry out its proposed project; DOT programs; requirements for new bus models; (4) Before the SIB enters into an agreement (3) The subrecipient has complied or will (14) The subrecipient has complied or will with a subrecipient to disburse Federal comply with Federal requirements regarding comply with all applicable pre-award and assistance for a project, the subrecipient’s transportation of elderly persons and persons post-delivery review requirements; project is included in the Statewide with disabilities; (15) The subrecipient has complied with or Transportation Improvement Program; all (4) The subrecipient has complied or will will comply with all assurances FTA requires projects in urbanized areas recommended for comply with the applicable transit employee for projects involving real property; approval are included in the metropolitan protective provisions of 49 U.S.C. 5333(b) as (16) The subrecipient has complied or will Transportation Improvement Program in required for that subrecipient and its project; comply with applicable FTA Intelligent which the subrecipient is located; and the (5) The subrecipient has complied or will Transportation Systems architecture requisite certification that an opportunity for comply with 49 CFR part 604 in the requirements, to the extent required by FTA; a public hearing has been provided; provision of any charter service provided and (5) The SIB will not provide Federal with equipment or facilities acquired with (17) The subrecipient has complied or will financial assistance for any project that does FTA assistance; comply with applicable prevention of alcohol not qualify for a categorical exclusion as (6) The subrecipient has complied with or misuse and prohibited drug use program described in 23 CFR 771.117(c) until the will comply with applicable provisions of 49 requirements, to the extent required by FTA. required Federal environmental finding has CFR part 605 pertaining to school I. The state recognizes the authority of been made. Moreover, the SIB will provide transportation operations; FTA, U.S. DOT, and the Comptroller General no financial assistance for a project requiring (7) Viewing its demand responsive service of the United States to conduct audits and a Federal conformity finding in accordance to the general public in its entirety, the reviews to verify compliance with the with the Environmental Protection Agency’s subrecipient has complied or will comply foregoing requirements and stipulations, and Clean Air Conformity regulations at 40 CFR with the requirement to provide demand assures that, upon request, the SIB and its parts 51 and 93, until the required Federal responsive service to persons with subrecipients, as well as the states, will make conformity finding has been made; disabilities, including persons who use the necessary records available to FTA, U.S. (6) Before the SIB provides Federal wheelchairs, meeting the standards of DOT and the Comptroller General of the assistance for a transit project, each equivalent service set forth in 49 CFR United States. The state also acknowledges subrecipient will have complied with the 37.77(c), before purchasing non-accessible its obligation under 49 CFR 18.40(a) to applicable transit employee protective vehicles for use in demand responsive monitor project activities carried out by the provisions of 49 U.S.C. 5333(b) as required service for the general public; SIB and its subrecipients to assure for that subrecipient and its project; and (8) The subrecipient has established or will compliance with applicable Federal (7) The SIB will enter into a written establish a procurement system, and has requirements. agreement with each subrecipient stating the conducted or will conduct its procurements Selection and Signature Page(s) follow. terms and conditions of assistance by which in compliance with all applicable provisions Federal Fiscal Year 2004 Certifications and the project will be undertaken and of Federal laws, executive orders, Assurances for Federal Transit completed, including specific provisions that regulations, FTA Circular 4220.1E, ‘‘Third Administration Assistance Programs any security or debt financing instrument Party Contracting Requirements,’’ as that the SIB may issue shall contain an amended and revised, and other (Signature page alternative to providing express statement that the security or debt implementing requirements FTA may issue; Certifications and Assurances in TEAM-Web) financing instrument does not constitute a (9) The subrecipient has complied or will Name of Applicant: lllllllllll commitment, guarantee, or obligation of the comply with the requirement that its project The Applicant agrees to comply with United States. provides for the participation of private mass applicable requirements of Categories 01— H. The state also recognizes that the transportation companies to the maximum 16.lll subrecipient, rather than the state itself, will extent feasible; (The Applicant may make this selection in be ultimately responsible for implementing (10) The subrecipient has paid or will pay lieu of individual selections below.) many Federal requirements covered by the just compensation under state or local law to OR certifications and assurances the state has each private mass transportation company for The Applicant agrees to comply with the signed. After having taken appropriate its franchise or property acquired under the applicable requirements of the following measures to secure the necessary compliance project; Categories it has selected:

Category Description

01...... Required of Each Applicant ...... llll 02...... Lobbying ...... lllll 03...... Private Mass Transportation Companies ...... lllll 04...... Public Hearing ...... lllll 05...... Acquisition of Rolling Stock ...... lllll 06...... Bus Testing ...... lllll 07...... Charter Service Agreement ...... lllll 08...... School Transportation Agreement ...... lllll 09...... Demand Responsive Service ...... lllll 10...... Alcohol Misuse and Prohibited Drug Use ...... lllll 11...... Interest and Other Financing Costs ...... lllll 12...... Intelligent Transportation Systems ...... lllll 13...... Urbanized Area, JARC, and Clean Fuels Programs ...... lllll 14...... Elderly and Persons with Disabilities Program ...... lllll 15...... Nonurbanized Area Formula Program ...... lllll

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Category Description

16...... State Infrastructure Bank Program ...... lllll (Both sides of this Signature Page must be appropriately completed and signed as indicated.)

Federal Fiscal Year 2004 FTA Certifications it has made in the statements submitted Applicant that it has authority under state and Assurances Signature Page herein with this document and any other and local law to make and comply with the (Required of all Applicants for FTA submission made to FTA, and acknowledges certifications and assurances as indicated on assistance and all FTA Grantees with an that the provisions of the Program Fraud the foregoing pages. I further affirm that, in active capital or formula project) Civil Remedies Act of 1986, 31 U.S.C. 3801 my opinion, the certifications and assurances et seq., as implemented by U.S. DOT have been legally made and constitute legal Affirmation of Applicant regulations, ‘‘Program Fraud Civil and binding obligations on the Applicant. Name of Applicant: lllllllllll Remedies,’’ 49 CFR part 31 apply to any I further affirm to the Applicant that, to the Name and Relationship of Authorized Rep- certification, assurance or submission made best of my knowledge, there is no legislation resentative: lllllllllllllll to FTA. The criminal fraud provisions of 18 or litigation pending or imminent that might BY SIGNING BELOW, on behalf of the U.S.C. 1001 apply to any certification, adversely affect the validity of these Applicant, I declare that the Applicant has assurance, or submission made in connection certifications and assurances, or of the duly authorized me to make these with the Urbanized Area Formula Program, performance of the project. certifications and assurances and bind the 49 U.S.C. 5307, and may apply to any other Signature llllllllllllllll Applicant’s compliance. Thus, the Applicant certification, assurance, or submission made Date: llllllllllllllllll agrees to comply with all Federal statutes, in connection with any other program Name llllllllllllllllll regulations, executive orders, and Federal administered by FTA. Attorney for Applicant llllllllll requirements applicable to each application In signing this document, I declare under Each Applicant for FTA financial it makes to the Federal Transit penalties of perjury that the foregoing assistance (except 49 U.S.C. 5312(b) Administration (FTA) in Federal Fiscal Year certifications and assurances, and any other assistance) and each FTA Grantee with an 2004. statements made by me on behalf of the active capital or formula project must FTA intends that the certifications and Applicant are true and correct. provide an Affirmation of Applicant’s assurances the Applicant selects on the other Signature llllllllllllllll Attorney pertaining to the Applicant’s legal side of this document, as representative of Date: llllllllllllllllll capacity. The Applicant may enter its the certifications and assurances in Name llllllllllllllllll signature in lieu of the Attorney’s signature, Appendix A, should apply, as required, to Authorized Representative of Applicant provided the Applicant has on file this each project for which the Applicant seeks Affirmation of Applicant’s Attorney Affirmation, signed by the attorney and dated now, or may later, seek FTA assistance this Federal fiscal year. during Federal Fiscal Year 2004. For (Name of Applicant): lllllllll The Applicant affirms the truthfulness and As the undersigned Attorney for the above [FR Doc. 04–924 Filed 1–14–04; 8:45 am] accuracy of the certifications and assurances named Applicant, I hereby affirm to the BILLING CODE 4910–57–P

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Part V

Environmental Protection Agency Fifty-Third Report of the TSCA Interagency Testing Committee to the Administrator of the Environmental Protection Agency; Receipt of Report and Request for Comments; Notice

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ENVIRONMENTAL PROTECTION particular interest to you if you view public comments, access the index AGENCY manufacture (defined by statute to of the docket’s contents, and to access include import) and/or process TSCA- those documents in the public docket [OPPT–2003–0068; FRL–7335–2] covered chemicals. Potentially affected that are available electronically. Fifty-Third Report of the TSCA entities may include, but are not limited Although not all docket materials may to: be available electronically, any of the Interagency Testing Committee to the • Administrator of the Environmental Chemical Industry, e.g., NAICS 325, publicly available docket materials may Protection Agency; Receipt of Report Manufacturers. be accessed through the docket facility • Petroleum Industry, e.g., NAICS and Request for Comments identified in Unit I.B.1. Once in the 32411, Refineries. system, select ‘‘search,’’ then key in the AGENCY: Environmental Protection This listing is not intended to be appropriate docket ID number. Agency (EPA). exhaustive, but rather provides a guide for readers regarding entities likely to be Certain types of information will not ACTION: Notice. affected by this action. Other types of be placed in the EPA Dockets. SUMMARY: The Toxic Substances Control entities not listed in this unit could also Information claimed as CBI and other Act (TSCA) Interagency Testing be affected. The North American information whose disclosure is Committee (ITC) transmitted its Fifty- Industrial Classification System restricted by statute, which is not Third Report to the Administrator of the (NAICS) codes have been provided to included in the official public docket, EPA on December 2, 2003. In the 53rd assist you and others in determining will not be available for public viewing ITC Report, which is included with this whether this action might apply to in EPA’s electronic public docket. EPA’s notice, the ITC is revising the Priority certain entities. If you have any policy is that copyrighted material will Testing List by adding 3 pyridinamines questions regarding the applicability of not be placed in EPA’s electronic public and 20 tungsten compounds. The ITC is this action to a particular entity, consult docket but will be available only in requesting that EPA add the 3 the technical person listed under FOR printed, paper form in the official public pyridinamines and 20 tungsten FURTHER INFORMATION CONTACT. docket. To the extent feasible, publicly available docket materials will be made compounds to the TSCA section 8(a) B. How Can I Get Copies of this available in EPA’s electronic public Preliminary Assessment Information Document and Other Related docket. When a document is selected Reporting (PAIR) rule. In addition, the Information? ITC is soliciting voluntary use, from the index list in EPA Dockets, the 1. Docket. EPA has established an exposure, and effects information for 3 system will identify whether the official public docket for this action pyridinamines, 20 tungsten compounds, document is available for viewing in under docket identification (ID) number and 43 vanadium compounds through EPA’s electronic public docket. EPA OPPT–2003–0068. The official public its Voluntary Information Submissions intends to work towards providing docket consists of the documents Innovative Online Network (VISION). electronic access to all of the publicly specifically referenced in this action, available docket materials through DATES: Comments, identified by docket any public comments received, and EPA’s electronic public docket. ID number OPPT–2003–0068, must be other information related to this action. For public commenters, it is received on or before February 17, 2004. Although a part of the official docket, important to note that EPA’s policy is ADDRESSES: Comments may be the public docket does not include that public comments, whether submitted electronically, by mail, or Confidential Business Information (CBI) submitted electronically or in paper, through hand delivery/courier. Follow or other information whose disclosure is will be made available for public the detailed instructions as provided in restricted by statute. The official public viewing in EPA’s electronic public Unit I. of the SUPPLEMENTARY docket is the collection of materials that docket as EPA receives them and INFORMATION. is available for public viewing at the without change, unless the comment EPA Docket Center, Rm. B102-Reading FOR FURTHER INFORMATION CONTACT: For contains copyrighted material, CBI, or Room, EPA West, 1301 Constitution general information contact: Barbara other information whose disclosure is Ave., NW., Washington, DC. The EPA Cunningham, Director, Environmental restricted by statute. When EPA Docket Center is open from 8:30 a.m. to Assistance Division (7408M), Office of identifies a comment containing 4:30 p.m., Monday through Friday, Pollution Prevention and Toxics, copyrighted material, EPA will provide excluding legal holidays. The EPA Environmental Protection Agency, 1200 a reference to that material in the Docket Center Reading Room telephone Pennsylvania Ave., NW., Washington, version of the comment that is placed in number is (202) 566–1744 and the DC 20460–0001; telephone number: EPA’s electronic public docket. The telephone number for the OPPT Docket, (202) 554–1404; e-mail address: TSCA- entire printed comment, including the which is located in EPA Docket Center, [email protected]. copyrighted material, will be available is (202) 566–0280. For technical information contact: in the public docket. John D. Walker, Director, TSCA 2. Electronic access. This Federal Interagency Testing Committee (7401), Register document may be accessed Public comments submitted on Environmental Protection Agency, 1200 electronically through the EPA Internet computer disks that are mailed or Pennsylvania Ave., NW., Washington, under the ‘‘Federal Register’’ listings at delivered to the docket will be DC 20460–0001; telephone number: http://www.epa.gov/fedrgstr/. You may transferred to EPA’s electronic public (202) 564–7527; fax: (202) 564–7528; e- also access additional information about docket. Public comments that are mail address: [email protected]. the ITC at http://www.epa.gov/opptintr/ mailed or delivered to the docket will be itc/ and VISION at http://www.epa.gov/ scanned and placed in EPA’s electronic SUPPLEMENTARY INFORMATION: opptintr/itc/vision.htm. public docket. Where practical, physical I. General Information An electronic version of the public objects will be photographed, and the docket is available through EPA’s photograph will be placed in EPA’s A. Does this Action Apply to Me? electronic public docket at http:// electronic public docket along with a This notice is directed to the public www.epa.gov/edocket/. EPA’s electronic brief description written by the docket in general. It may, however, be of public docket may be used to submit or staff.

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C. How and to Whom Do I Submit send an e-mail comment directly to the listed under FOR FURTHER INFORMATION Comments? docket without going through EPA’s CONTACT. electronic public docket, EPA’s e-mail Comments may be submitted E. What Should I Consider as I Prepare system automatically captures your e- electronically, by mail, or through hand My Comments for EPA? delivery/courier. To ensure proper mail address. E-mail addresses that are receipt by EPA, identify the appropriate automatically captured by EPA’s e-mail We invite you to provide your views docket ID number in the subject line on system are included as part of the and comments on the 53rd ITC Report. the first page of your comment. Please comment that is placed in the official You may find the following suggestions ensure that your comments are public docket, and made available in helpful for preparing your comments: submitted within the specified comment EPA’s electronic public docket. 1. Explain your views as clearly as iii. Disk or CD ROM. You may submit period. Comments received after the possible. comments on a disk or CD ROM that close of the comment period will be you mail to the mailing address 2. Describe any assumptions that you marked ‘‘late.’’ EPA is not required to identified in Unit I.C.2. These electronic used. consider these late comments. If you submissions will be accepted in 3. Provide copies of any technical wish to submit CBI or information that WordPerfect or ASCII file format. Avoid information and/or data you used that is otherwise protected by statute, please the use of special characters and any support your views. follow the instructions in Unit I.D. Do form of encryption. 4. Provide specific examples to not use EPA Dockets or e-mail to submit 2. By mail. Send your comments to: illustrate your concerns. CBI or information protected by statute. Document Control Office (7407M), 1. Electronically. If you submit an 5. Make sure to submit your Office of Pollution Prevention and comments by the deadline in this electronic comment as prescribed in this Toxics (OPPT), Environmental unit, EPA recommends that you include notice. Protection Agency, 1200 Pennsylvania 6. To ensure proper receipt by EPA, your name, mailing address, and an e- Ave., NW., Washington, DC 20460– mail address or other contact be sure to identify the docket ID number 0001. assigned to this action in the subject information in the body of your 3. By hand delivery or courier. Deliver line on the first page of your response. comment. Also include this contact your comments to: OPPT Document You may also provide the name, date, information on the outside of any disk Control Office (DCO), EPA East Bldg., and Federal Register citation. or CD ROM you submit, and in any Rm. 6428, 1201 Constitution Ave., NW., cover letter accompanying the disk or Washington, DC. Attention: Docket ID II. Background CD ROM. This ensures that you can be Number OPPT–2003–0068. The DCO is identified as the submitter of the open from 8 a.m. to 4 p.m., Monday The Toxic Substances Control Act comment and allows EPA to contact you through Friday, excluding legal (TSCA) (15 U.S.C. 260let seq.) in case EPA cannot read your comment holidays. The telephone number for the authorizes the Administrator of the EPA due to technical difficulties or needs DCO is (202) 564–8930. to promulgate regulations under section further information on the substance of 4(a) requiring testing of chemicals and your comment. EPA’s policy is that EPA D. How Should I Submit CBI to the chemical mixtures in order to develop will not edit your comment, and any Agency? data relevant to determining the risks identifying or contact information Do not submit information that you that such chemicals and chemical provided in the body of a comment will consider to be CBI electronically mixtures may present to health or the be included as part of the comment that through EPA’s electronic public docket environment. Section 4(e) of TSCA is placed in the official public docket, or by e-mail. You may claim established the ITC to recommend and made available in EPA’s electronic information that you submit to EPA as chemicals and chemical mixtures to the public docket. If EPA cannot read your CBI by marking any part or all of that Administrator of the EPA for priority comment due to technical difficulties information as CBI (if you submit CBI testing consideration. Section 4(e) of and cannot contact you for clarification, on disk or CD ROM, mark the outside TSCA directs the ITC to revise the TSCA EPA may not be able to consider your of the disk or CD ROM as CBI and then section 4(e) Priority Testing List at least comment. identify electronically within the disk or every 6 months. i. EPA Dockets. Your use of EPA’s CD ROM the specific information that is A. The ITC’s 53rd Report electronic public docket to submit CBI). Information so marked will not be comments to EPA electronically is disclosed except in accordance with The 53rd ITC Report was transmitted EPA’s preferred method for receiving procedures set forth in 40 CFR part 2. to the EPA’s Administrator on December comments. Go directly to EPA Dockets In addition to one complete version of 2, 2003, and is included in this notice. at http://www.epa.gov/edocket/, and the comment that includes any In the 53rd ITC Report, the ITC revises follow the online instructions for information claimed as CBI, a copy of the Priority Testing List by adding 3 submitting comments. Once in the the comment that does not contain the pyridinamines and 20 tungsten system, select ‘‘search,’’ and then key in information claimed as CBI must be compounds, requests that EPA add the docket ID number OPPT–2003–0068. submitted for inclusion in the public pyridinamines and tungsten compounds The system is an ‘‘anonymous access’’ docket and EPA’s electronic public to the TSCA section 8(a) PAIR rule and system, which means EPA will not docket. If you submit the copy that does solicits voluntary use, exposure, and know your identity, e-mail address, or not contain CBI on disk or CD ROM, effects information for pyridinamines, other contact information unless you mark the outside of the disk or CD ROM tungsten compounds, and vanadium provide it in the body of your comment. clearly that it does not contain CBI. compounds. ii. E-mail. Comments may be sent by Information not marked as CBI will be B. Status of the Priority Testing List e-mail to [email protected], Attention: included in the public docket and EPA’s Docket ID Number OPPT–2003–0068. In electronic public docket without prior The current TSCA 4(e) Priority contrast to EPA’s electronic public notice. If you have any questions about Testing List as of November 2003 can be docket, EPA’s e-mail system is not an CBI or the procedures for claiming CBI, found in Table 1 of the 53rd ITC Report, ‘‘anonymous access’’ system. If you please consult the technical person which is included in this notice.

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List of Subjects Summary V. References Environmental protection, Chemicals, The TSCA Section 4(e) Priority Testing List VI. The TSCA Interagency Testing Committee Hazardous substances. I. Background II. TSCA Section 8 Reporting Summary Dated: January 8, 2004. A. TSCA Section 8 Reporting Rules In this 53rd Report, the ITC is revising the Charles M. Auer, B. ITC’s Use of TSCA Section 8 and Other Priority Testing List by adding 3 Director, Office of Pollution Prevention and Information pyridinamines and 20 tungsten compounds. Toxics. C. New Requests to Add Chemicals to the The ITC is requesting that EPA add the 3 TSCA Section 8(a) PAIR Rule pyridinamines and 20 tungsten compounds Fifty-Third Report of the TSCA D. Previous Requests to Add Chemicals to the Interagency Testing Committee to the TSCA Section 8(d) HaSDR Rule to the TSCA section 8(a) Preliminary Administrator, U.S. Environmental III. ITC’s Activities During this Reporting Assessment Information Reporting (PAIR) Protection Agency Period (May to November 2003) rule. IV. Revisions to the TSCA Section 4(e) The TSCA section 4(e) Priority Testing List Table of Contents Priority Testing List follows as Table 1 of this unit.

TABLE 1.—THE TSCA SECTION 4(E) PRIORITY TESTING LIST (NOVEMBER 2003)

ITC Report Date Chemical name/Group Action

31 January 1993 13 Chemicals with insufficient dermal absorption Designated rate data

32 May 1993 16 Chemicals with insufficient dermal absorption Designated rate data

35 November 1994 4 Chemicals with insufficient dermal absorption rate Designated data

37 November 1995 4-tert-Butylphenol and Branched nonylphenol (mixed Recommended isomers)

41 November 1997 Phenol, 4-(1,1,3,3-tetramethylbutyl)- Recommended

42 May 1998 3-Amino-5-mercapto-1,2,4-triazole Recommended

42 May 1998 Glycoluril Recommended

47 November 2000 9 Indium compounds Recommended

48 May 2001 Benzenamine, 3-chloro-2,6-dinitro-N,N-dipropyl-4- Recommended (trifluoromethyl)-

49 November 2001 Stannane, dimethylbis[(1-oxoneodecyl)oxy]- Recommended

50 May 2002 Benzene, 1,3,5-tribromo-2-(2-propenyloxy)- Recommended

50 May 2002 1-Triazene, 1,3-diphenyl- Recommended

51 November 2002 43 Vanadium compounds Recommended

53 November 2003 3 Pyridinamines Recommended

53 November 2003 20 Tungsten compounds Recommended

I. Background http://www.epa.gov/fedrgstr/ after (HaSDR) rules. The PAIR rule requires The ITC was established by section 4(e) of publication in the Federal Register. The ITC producers and importers of Chemical the Toxic Substances Control Act (TSCA) ‘‘to produces its revisions to the Priority Testing Abstract Service (CAS)-numbered chemicals make recommendations to the Administrator List with administrative and technical added to the Priority Testing List to submit respecting the chemical substances and support from the ITC Staff, ITC Members and production and exposure reports (http:// their U.S. Government organizations, and mixtures to which the Administrator should www.epa.gov/opptintr/chemtest/ give priority consideration for the contract support provided by EPA. ITC Members and Staff are listed at the end of pairform.pdf). The HaSDR rule requires promulgation of rules for testing under producers, importers, and processors of all section 4(a).... At least every six months ..., this report. chemicals added to the Priority Testing List the Committee shall make such revisions to II. TSCA Section 8 Reporting the Priority Testing List as it determines to be to submit unpublished health and safety necessary and transmit them to the A. TSCA Section 8 Reporting Rules studies under TSCA section 8(d) that must be Administrator together with the Committee’s Following receipt of the ITC’s Report (and in compliance with the revised HaSDR rule reasons for the revisions’’ (Public Law 94– the revised Priority Testing List) by the EPA (Ref. 1). All submissions must be received by 469, 90 Stat. 2003 et seq., 15 U.S.C. 2601 et Administrator, the EPA’s Office of Pollution the EPA within 90 days of the reporting rules seq.). ITC Reports are available from the ITC’s Prevention and Toxics (OPPT) adds the Federal Register publication date. web site (http://www.epa.gov/opptintr/itc) chemicals from the revised Priority Testing within a few days of submission to the List to the TSCA section 8(a) PAIR and TSCA Administrator and from the EPA’s web site section 8(d) Health and Safety Data Reporting

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B. ITC’s Use of TSCA Section 8 and Other (CAS No. 29091–20-1); stannane, that pyridinamines are acutely toxic Information dimethylbis[(1-oxoneodecyl)oxy]- (CAS No. compounds. Part of this toxic response may The ITC’s use of TSCA section 8 and other 68928–76–7); benzene, 1,3,5-tribromo-2-(2- be due to their ability to block K+ channels information is described in previous ITC propenyloxy)- (CAS No. 3278–89–5); and 1- causing, among other effects, convulsions. Reports (http://www.epa.gov/opptintr/itc/ triazene, 1,3-diphenyl- (CAS No. 136–35–6 ) The chronic toxicity of these compounds has and the 43 vanadium compounds listed in not received adequate evaluation. To rptmain.htm). st the ITC’s 51 Report. The ITC is continuing determine a priority for testing members of C. New Requests to Add Chemicals to the to analyze the data in those reports as well the pyridinamine class of compounds, as data submitted voluntarily. TSCA Section 8(a) PAIR Rule additional information is needed to The ITC is requesting that EPA add 3 For the 43 vanadium compounds listed in st characterize human exposure potential. pyridinamines and 20 tungsten compounds the ITC’s 51 Report (Ref. 6), the ITC is still soliciting voluntary submissions of: c. Information needs. For each individual to the TSCA section 8(a) PAIR rule. The 3 pyridinamine: Recent data or estimates of pyridinamines and 20 tungsten compounds 1. Recent non-CBI estimates of annual production or importation volume data and annual production and importation volume are discussed in Units IV.A.1. and IV.A.2. of and trends; information on specific uses, this report. trends, and use information, including percentages of production or importation that including percentages of production or D. Previous Requests to Add Chemicals to the are associated with different uses. importation volume associated with each of TSCA Section 8(d) HaSDR Rule 2. Estimates of the number of humans and these uses; estimates of the number of In previous ITC Reports it was requested concentrations of vanadium compounds to persons potentially exposed to each that the following chemicals be added to the which humans may be exposed during pyridinamine during its manufacture and use TSCA section 8(d) HaSDR rule: 3H-1,2,4- manufacturing or processing. and health effects, including chronic toxicity triazole-3-thione, 5-amino-1,2-dihydro- (3- 3. Health effects data including data. amino-5-mercapto-1,2,4-triazole) (CAS No. pharmacokinetics, genotoxicity, subchronic d. Supporting information. Pyridinamines 16691–43–3) and imidazo[4,5-d]imidazole- toxicity, reproductive and developmental are chemicals in commerce. The annual 2,5(1H,3H)-dione, tetrahydro- (glycoluril) toxicity, and any human data from production volume of 2-pyridinamine occupationally exposed workers. (CAS No. 496–46–8) (42nd ITC Report, Ref. exceeded 1 million pounds in 1998; it is used The ITC is soliciting this information in 2), 9 indium compounds (47th ITC Report, in hair colorants and as an intermediate in order to adequately assess the extent and Ref. 3); benzenamine, 3-chloro-2, 6-dinitro- the manufacture of pharmaceuticals. 3- degree of exposure and potential hazard N,N-dipropyl-4-(trifluoromethyl)- (CAS No. Pyridinamine is an intermediate in the associated with the various forms of 29091–20–1) (48th ITC Report, Ref 4); and production of agrochemicals and vanadium. stannane, dimethylbis[(1-oxoneodecyl)oxy]- pharmaceuticals; it may have end-uses. In In addition, the ITC is soliciting voluntary (CAS No. 68928–76–7), benzene, 1,3,5- information submissions for the 3 addition to its use as a chemical tribromo-2-(2-propenyloxy)- (CAS No. 3278– pyridinamines and 20 tungsten compounds intermediate, 4-pyridinamine is the active 89–5) and 1-triazene, 1,3-diphenyl- (CAS being added to the Priority Testing List to ingredient in the registered pesticide No.136–35–6) (50th ITC Report, Ref. 5). The  meet U.S. Government data needs. The Avitrol and has been evaluated as an TSCA section 8(d) studies requested for these information being solicited is summarized in experimental drug to treat several chemicals were listed in the ITC’s 51st Report Unit IV.A.1.c. and IV.A.2.c. of this report. neurological syndromes. Under the Food and (Ref. 6). Drug Administration (FDA) Modernization IV. Revisions to the TSCA Section 4(e) III. ITC’s Activities During this Reporting Act of 1997 (http://www.fda.gov/opacom/ Priority Testing List Period (May to November 2003) 7modact.html), 4-pyridinamine was nominated for inclusion on the list of bulk During this reporting period, the ITC A. Chemicals Added to the Priority Testing substances for use in pharmacy received voluntary information submissions List compounding but was not included by the from the Color Pigments Manufacturers 1. Pyridinamines—a. Recommendation. FDA on the initial list. Human exposure data Association (CPMA) and the Vanadium Pyridinamines are being added to the Priority are limited for pyridinamines. A survey Producers and Reclaimers Association Testing List to obtain importation, (VPRA) in response to solicitations for the 43 production, use, exposure, and health effects conducted between 1981 and 1983 by the vanadium compounds listed in the ITC’s 51st information to meet U.S. Government data National Institute for Occupational Safety Report (Ref. 6). The procedures for needs. Three pyridinamines are being and Health estimated that 4,618 workers in submitting voluntary information through the recommended: 2-Pyridinamine (CAS No. 452 facilities representing 3 industries were ITC’s Voluntary Information Submissions 504–29–0), 3-pyridinamine (CAS No. 462– potentially exposed to 4-pyridinamine. Innovative Online Network (VISION) are 08–8) and 4-pyridinamine (CAS No. 504–24– 2. Tungsten compounds—a. described on the ITC’s web site (http:// 5). Recommendation. Twenty tungsten www.epa.gov/opptintr/itc/vision.htm). b. Rationale for recommendation. compounds are being added to the Priority During this reporting period, the ITC Pyridinamines are readily absorbed through Testing List to obtain importation, reviewed the PAIR reports submitted in the skin and the gastrointestinal tract and production, use, exposure, and health effects response to the June 11, 2003, PAIR rule (Ref. widely distributed in the body, including the information to meet U.S. Government data 7). This PAIR rule required submission of brain. They are not metabolized and are needs (Table 2). The ITC believes the list of reports for benzenamine, 3-chloro-2,6- completely excreted through the kidneys. tungsten compounds in Table 2 includes dinitro-N,N-dipropyl-4-(trifluoromethyl)- Studies in animals and humans have shown those most likely to be in current use.

TABLE 2.—TUNGSTEN COMPOUNDS BEING ADDED TO THE TSCA SECTION 8(A) PAIR RULE

CAS No. Chemical name

1314–35–8 Tungsten oxide (WO3)

7440–33–7 Tungsten

7783–82–6 Tungsten fluoride (WF6), (OC–6–11)-

7790–85–4 Cadmium tungsten oxide (CdWO4)

2- 7790–60–5 Tungstate (WO4 ), dipotassium, (T-4)-

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TABLE 2.—TUNGSTEN COMPOUNDS BEING ADDED TO THE TSCA SECTION 8(A) PAIR RULE—Continued

CAS No. Chemical name

2- 7783–03–1 Tungstate (WO4 ), dihydrogen, (T-4)-

2- 10213–10–2 Tungstate (WO4 ), disodium, dihydrate, (T-4)-

11105–11–6 Tungsten oxide (WO3), hydrate

11120–01–7 Sodium tungsten oxide

10- 11120–25–5 Tungstate (W12(OH)2 O40 ), decaammonium

12067–99–1 Tungsten hydroxide oxide phosphate

6- 12028–48–7 Tungstate (W12(OH)2 O38 ), hexaammonium

12027–38–2 Tungstate(4-),[.mu.12-[orthosilicato(4-)- .kappa.O:.kappa.O:.kappa.O:.kappa.O’:.kappa.O’:.kappa.O’:.kappa.O’’.kappa.O’’:.kappa.O’’ :.kappa.O’’’:kappa.O’’’:.kappa.O’’’]] tetracosa-.mu.-oxododecaoxododeca-, tetrahydrogen

12036–22–5 Tungsten oxide (WO2)

6- 12141–67–2 Tungstate (W12(OH)2 O38 ), hexasodium

12138–09–9 Tungsten sulfide (WS2)

13283–01–7 Tungsten chloride (WCl6), (OC–6–11)-

2- 13472–45–2 Tungstate (WO4 ), disodium, (T-4)-

14040–11–0 Tungsten carbonyl (W(CO)6), (OC–6–11)-

23321–70–2 Tungsten oxide (WO3), dihydrate

b. Rationale for recommendation. Tungsten 1. Recent non-CBI estimates of annual natural and anthropogenic sources is also a was recently nominated for toxicology and production or importation volume data and source of tungsten in surface waters. carcinogenicity studies to the National trends, and chemical-specific use Individuals who work in manufacturing, Toxicology Program by the Centers for information, including percentages of fabricating, and reclaiming industries, Disease Control and Prevention’s National production or importation that are associated especially individuals using hard-metal with different uses. Center for Environmental Health (http://ntp- materials or tungsten carbide machining 2. Environmental release and monitoring server.niehs.nih.gov/NomPage/ tools, may be exposed to higher levels of 2003Noms.html). The nomination was based information, including occurrence and concentrations in environmental media. tungsten compounds than the general on recent data showing elevated tungsten population. Occupational exposure is body burdens in residents of Fallon, NV, and 3. Fate and transport data. primarily via inhalation of dust particles of the limited data available to assess the 4. Ecological effects data, especially for elemental (metallic) tungsten and/or its potential long-term adverse health effects of aquatic and sediment organisms, if there is evidence that tungsten compounds are tungsten exposure (http://www.cdc.gov/nceh/ compounds. mobilized and transported to groundwater, clusters/Fallon). The source and pathways of Pulmonary fibrosis, memory and sensory surface water, and sediments. exposure, and the form of tungsten to which deficits, and increased mortality due to lung 5. Estimates of the number of exposed Fallon, NV, residents are exposed is cancer have been associated with humans and concentrations of tungsten presently poorly understood. The Agency for occupational exposure to dusts generated in compounds to which humans may be the hard-metal industry. Historically, the Toxic Substances and Disease Registry exposed in each relevant manufacturing, (ATSDR) has completed community processing, or other occupational scenario. respiratory and neurological effects observed exposure and health investigations in 6. Case studies from occupationally in hard-metal workers have been attributed to Churchill County, NV (http:// exposed workers and pharmacokinetics, cobalt, not tungsten. However, based on the www.atsdr.cdc.gov/HAC/PHA/ presence of tungsten oxide fibers in air _ dermal, inhalation, and oral acute toxicity, region 9.html#nevada) and is developing a subchronic toxicity, chronic toxicity, samples taken at some hard-metal facilities toxicological profile for tungsten (http:// genotoxicity, carcinogenicity, neurotoxicity, and demonstrations that tungsten oxide www.atsdr.cdc.gov/toxprofiles/tp186.html). reproductive and developmental toxicity, fibers are capable of generating hydroxyl Tungsten and tungsten compounds have and epidemiology studies. radicals in human lung cells in vitro, it has numerous important industrial uses. Other The ITC is soliciting this information in order been suggested that tungsten oxide fibers than workplace exposure limits, there are few to adequately assess the extent and degree of may contribute to the development of regulatory controls on the use, emission, and exposure and potential hazard associated pulmonary fibrosis in hard-metal workers. disposal of tungsten compounds and few with the various forms of tungsten and to Limited reports associate tungsten exposure data on which to assess the ecological effects determine if additional test data are needed. with reproductive and developmental effects and human health impacts resulting from d. Supporting information. Tungsten environmental and general population compounds are naturally released to the such as decreased sperm motility, increased exposures. Further information is needed to atmosphere by windblown dusts. Tungsten embryotoxicity, and delayed fetal skeletal more fully evaluate human and compounds can be released to surface waters ossification in animals. Tungsten has been environmental exposures and health effects. from sources of human origin (e.g., water observed to cross the placental barrier and c. Information needs. To meet U.S. effluents from tungsten mining). Deposition enter the fetus. Dermal or ocular exposure to Government data needs, the ITC needs: of tungsten aerosols or dusts from both tungsten may result in localized irritation.

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V. References National Institute of Standards and Consumer Product Safety Commission 1. EPA. 1998. Revisions to Reporting Technology Treye Thomas, Member Regulations Under TSCA Section 8(d) Robert Huie, Member Jacqueline Ferrante, Alternate Barbara C. Levin, Alternate Federal Register (63 FR 15765, April 1, 1998) Department of Agriculture (FRL–5750–4). Available online at: http:// National Oceanographic and Clifford P. Rice, Member www.epa.gov/fedrgstr/. Atmospheric Administration Laura L. McConnell, Alternate 2. ITC. 1998. Forty-Second Report of the Thomas P. O’Connor, Member, Vice ITC. Federal Register (63 FR 42554, August Chair Department of Defense 7, 1998) (FRL–5797–8). Available online at: Teri Rowles, Alternate Barbara Larcom, Member http://www.epa.gov/fedrgstr/. Warren Jederberg, Alternate 3. ITC. 2001. Forty-Seven Report of the Environmental Protection Agency ITC. Federal Register (66 FR 17768 April 3, Gerry Brown, Member Department of the Interior 2001) (FRL–6763–6). Available online at: Paul Campanella, Alternate Barnett A. Rattner, Member http://www.epa.gov/fedrgstr/. National Cancer Institute Food and Drug Administration 4. ITC. 2001. Forty-Eighth Report of the Alan Poland, Member Kirk Arvidson, Alternate ITC. Federal Register (66 FR 51276, October David Longfellow, Alternate Ronald F. Chanderbhan, Alternate 5, 2001) (FRL–6786–7). Available online at: http://www.epa.gov/fedrgstr/. National Institute of Environmental Health National Library of Medicine 5. ITC. 2002. Fiftieth Report of the ITC. Sciences Vera W. Hudson, Member Federal Register (67 FR 49530, July 30, 2002) Scott Masten, Member (FRL–7183–7). Available online at: http:// William Eastin, Alternate National Toxicology Program www.epa.gov/fedrgstr/. NIEHS, FDA, and NIOSH Members National Institute for Occupational Safety 6. ITC. 2002. Fifty-First Report of the ITC. and Health Technical Support Contractor Federal Register (68 FR 8976, February 26, Mark Toraason, Member, Chair Syracuse Research Corporation 2003) (FRL–7285–7). Available online at: Dennis W. Lynch, Alternate http://www.epa.gov/fedrgstr/. ITC Staff 7. EPA. 2003. Preliminary Assessment National Science Foundation John D. Walker, Director Information Reporting; Addition of Certain Marge Cavanaugh, Member Norma S. L. Williams, Executive Chemicals. Federal Register (68 FR 34832, Parag R. Chitnis, Alternate Assistant June 11, 2003) (FRL–7306–7). Available online at: http://www.epa.gov/fedrgstr/. Occupational Safety and Health TSCA Interagency Testing Committee, Office Administration of Pollution Prevention and Toxics (7401), VI. The TSCA Interagency Testing Val H. Schaeffer, Member Environmental Protection Agency, 1200 Committee Maureen Ruskin, Alternate Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (202) 564– Statutory Organizations and Their Liaison Organizations and Their 7527; fax number: (202) 564–7528; e-mail Representatives Representatives address: [email protected]; url: Agency for Toxic Substances and Disease Council on Environmental Quality http://www.epa.gov/opptintr/itc. Vacant Registry William Cibulas, Member [FR Doc. 04–894 Filed 1–14–04; 8:45 am] Department of Commerce Daphne Moffett, Alternate BILLING CODE 6560–50–S

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Part VI

The President Presidential Determination No. 2004–20 of January 5, 2004—Eligibility of the Regional Security System (RSS) to Receive Defense Articles and Services under the Foreign Assistance Act and the Arms Export Control Act

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Federal Register Presidential Documents Vol. 69, No. 10

Thursday, January 15, 2004

Title 3— Presidential Determination No. 2004–20 of January 5, 2004

The President Eligibility of the Regional Security System (RSS) to Receive Defense Articles and Services under the Foreign Assistance Act and the Arms Export Control Act

Memorandum for the Secretary of State

Consistent with the provisions of section 503(a) of the Foreign Assistance Act of 1961, as amended, and section 3(a)(1) of the Arms Export Control Act, I hereby find that the furnishing of defense articles and services to the RSS will strengthen the security of the United States and promote world peace. You are authorized and directed to report this finding to the Congress and to publish it in the Federal Register. W THE WHITE HOUSE, Washington, January 5, 2004.

[FR Doc. 04–1027 Filed 1–14–04; 8:58 am] Billing code 4710–10–P

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Reader Aids Federal Register Vol. 69, No. 10 Thursday, January 15, 2004

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21...... 282, 551 26 CFR 40 CFR 48 CFR 25...... 551 1...... 5, 12, 22, 436, 502, 1918 9...... 2398 Ch. 1...... 1050, 1057 33...... 551 20...... 12 52 ...... 34, 1271, 1537, 1677, 1...... 1050 39 ...... 282, 284, 287, 289, 291, 25...... 12 1682, 1919, 1921, 2300 5...... 1051 293, 895, 897, 900, 1274, 26...... 12 60...... 1786 12...... 1051 1275, 1547, 1549, 1551 301...... 506 62...... 2302, 2304 13...... 1051 71 ...... 2084, 2085, 2086, 2088, 602 ...... 22, 436, 1918 63...... 130, 394 14...... 1051 2089, 2090, 2091, 2311, Proposed Rules: 86...... 2398 17...... 1051 2312 1 ...... 42, 43, 47 90...... 1824, 2398 19...... 1051 73...... 552 301...... 47 180...... 2069 22...... 1051 121...... 282, 551 300 ...... 1923, 2304, 2306 25...... 1051 135...... 551 28 CFR 721...... 1924 36...... 1050 15 CFR 91...... 2298 1051...... 2398 52...... 1051, 1618 302...... 1524 Proposed Rules: 53...... 1050 Proposed Rules: 52 ...... 302, 558, 1685, 2323 202...... 128, 1926 740...... 1685 29 CFR 62...... 2323 204...... 128 742...... 1685 102...... 1675 81...... 558 748...... 1685 211...... 128 4022...... 2299 90...... 1836 212...... 128, 1926 754...... 1685 4044...... 2299 122...... 1558 772...... 1685 213...... 1926 Proposed Rules: 123...... 1558 225...... 1926 19 CFR 1926...... 1277 148...... 1319 232...... 1926 261...... 1319 243...... 128 Proposed Rules: 30 CFR 268...... 1319 252...... 128, 1926 101...... 2092 Proposed Rules: 271...... 1319 162...... 2093 Proposed Rules: 780...... 1036 302...... 1319 2...... 2448 404...... 307 20 CFR 816...... 1036 3...... 2448 817...... 1036 416...... 307 404...... 497 12...... 2448 22...... 2448 422...... 497 32 CFR 42 CFR 23...... 2448 Proposed Rules: 320...... 2066 52h...... 272 25...... 2448 416...... 554 806b...... 507, 954 405...... 1084 27...... 2448 1665...... 1524 414...... 1084 21 CFR 44...... 2448 419...... 820 47...... 2448 1...... 1675 33 CFR 447...... 508 52...... 2448 201...... 255, 1320 17...... 267 Proposed Rules: 510...... 1522 117...... 1525. 1918 447...... 565 520...... 499 148...... 724 49 CFR 522...... 500 149...... 724 43 CFR 192...... 2307 524...... 500 150...... 724 195...... 537 558...... 1522 Proposed Rules: 165 ...... 268, 1527, 1618, 2066 4100...... 569 222...... 1930 610...... 255, 1320 334...... 271 229...... 1930 1300...... 2062 Proposed Rules: 44 CFR 571...... 279 1309...... 2062 110...... 2095 64...... 40 Proposed Rules: 1310...... 2062 117...... 1554, 1958 65 ...... 514, 516, 518 571...... 307 Proposed Rules: 151...... 1078 67 ...... 521, 522, 524 184...... 2313 165 ...... 1556, 2318, 2320 174...... 2098 Proposed Rules: 50 CFR 22 CFR 67 ...... 570, 584, 586, 609 622...... 1538 121...... 873 36 CFR 648...... 2074, 2307 46 CFR 215...... 1529 660...... 1322 24 CFR 218...... 1529 12...... 526 679 ...... 875, 1930, 1951 203...... 4 223...... 29 401...... 128, 533 Proposed Rules: Proposed Rules: Proposed Rules: 404...... 128, 533 17 ...... 1560, 1960, 2100 1000...... 2094 1254...... 295 92...... 1686 1256...... 295 47 CFR 622 ...... 309, 310, 1278 25 CFR 73 ...... 534, 535, 536, 537, 874 648...... 1561 Proposed Rules: 38 CFR Proposed Rules: 660 ...... 1380, 1563, 2324 Ch. 1 ...... 2317 17...... 1060 73 ...... 611, 612, 613 679...... 614

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REMINDERS BE-85; financial services inspection stations; inpatient mental health The items in this list were transactions between U.S. comments due by 1-20- care preauthorization editorially compiled as an aid financial services 04; published 12-18-03 eliminated and dental to Federal Register users. providers and unaffiliated [FR 03-31203] program expanded; Inclusion or exclusion from foreign persons; quarterly AGRICULTURE comments due by 1-20- this list has no legal survey; published 12-16- DEPARTMENT 04; published 11-19-03 03 [FR 03-28756] significance. Commodity Credit COMMERCE DEPARTMENT Corporation ENERGY DEPARTMENT Federal Energy Regulatory National Oceanic and Loan and purchase programs: RULES GOING INTO Atmospheric Administration Commission EFFECT JANUARY 15, Warehouses for interest Electric rate and corporate Fishery conservation and commodity storage; 2004 management: regulation filings: approval standards; Virginia Electric & Power Northeastern United States comments due by 1-20- AGRICULTURE fisheries— Co. et al.; Open for 04; published 11-20-03 comments until further DEPARTMENT Atlantic surfclam and [FR 03-28989] Agricultural Marketing notice; published 10-1-03 ocean quahog; AGRICULTURE Service [FR 03-24818] published 12-16-03 DEPARTMENT Commodity laboratory testing ENVIRONMENTAL Marine mammals: Grain Inspection, Packers programs: PROTECTION AGENCY Incidental taking— and Stockyards Air pollutants, hazardous; Cottonseed chemist Southern California; drift Administration national emission standards: licensing program, CFR gillnet fishing Hazardous air pollutants; part removed; commodity Fees: prohibition; loggerhead source category list— testing laboratory and Official Inspection and sea turtles; published weighing services; Ethylene glycol monobutyl office addresses updated; 12-16-03 and information symbols comments due by 1-20- ether; delisting; adopted; published 12-16- ENVIRONMENTAL 04; published 11-19-03 comments due by 1-20- 03 PROTECTION AGENCY [FR 03-28831] 04; published 11-21-03 [FR 03-28787] Fresh fruits, vegetables, and Air programs; approval and AGRICULTURE Air programs; State authority other products; inspection promulgation; State plans DEPARTMENT for designated facilities and delegations: and certification: Natural Resources pollutants: California; comments due by Fees and charges increase; Conservation Service Puerto Rico; published 1-15- 1-20-04; published 12-19- published 12-16-03 Emergency Water Protection 04 03 [FR 03-31348] AGRICULTURE Program; implementation; Superfund program: Air quality implementation DEPARTMENT comments due by 1-20-04; plans; approval and National oil and hazardous Animal and Plant Health published 11-19-03 [FR 03- promulgation; various substances contingency Inspection Service 28793] States: plan— Plant-related quarantine, COMMERCE DEPARTMENT Connecticut; comments due National priorities list foreign: National Oceanic and by 1-20-04; published 12- update; published 1-15- Atmospheric Administration 18-03 [FR 03-31233] Eucalyptus logs, lumber and 04 wood chips from South Fishery conservation and Disadvantaged Business National priorities list America; published 1-15- management: Enterprise Program; update; published 1-15- participation by businesses 04 Caribbean, Gulf, and South 04 in procurement under AGRICULTURE Atlantic fisheries— DEPARTMENT TRANSPORTATION financial assistance DEPARTMENT Gulf of Mexico reef fish; agreements; comments due Farm Service Agency comments due by 1-20- Federal Aviation by 1-20-04; published 7-24- Program regulations: 04; published 12-30-03 Administration 03 [FR 03-18002] Minor Program loans; [FR 03-32034] Airworthiness directives: Environmental statements; published 12-16-03 Marine mammals: availability, etc.: Agusta S.p.A.; published 12- AGRICULTURE 31-03 Incidental taking— Coastal nonpoint pollution DEPARTMENT Transient killer whales; control program— Rural Business-Cooperative AT1 group designation; Minnesota and Texas; Service COMMENTS DUE NEXT comments due by 1-22- Open for comments Program regulations: WEEK 04; published 10-24-03 until further notice; published 10-16-03 [FR Minor Program loans; [FR 03-26931] 03-26087] published 12-16-03 AGRICULTURE COURT SERVICES AND DEPARTMENT FARM CREDIT AGRICULTURE OFFENDER SUPERVISION ADMINISTRATION DEPARTMENT Agricultural Marketing AGENCY FOR THE Service Farm credit system: Rural Housing Service DISTRICT OF COLUMBIA Walnuts grown in— Loan policies and Program regulations: Semi-annual agenda; Open for California; comments due by comments until further operations, etc.— Minor Program loans; 1-20-04; published 11-21- notice; published 12-22-03 Young, beginning, and published 12-16-03 03 [FR 03-29061] [FR 03-25121] small farmers and AGRICULTURE ranchers, and aquatic AGRICULTURE DEFENSE DEPARTMENT DEPARTMENT products producers or DEPARTMENT Civilian health and medical Rural Utilities Service harvesters; comments Animal and Plant Health program of uniformed due by 1-20-04; Program regulations: Inspection Service services (CHAMPUS): published 11-20-03 [FR Minor Program loans; Plant-related quarantine, TRICARE program— 03-28969] published 12-16-03 foreign: National Defense FEDERAL DEPOSIT COMMERCE DEPARTMENT Ports of entry— Authorization Act for INSURANCE CORPORATION Economic Analysis Bureau Atlanta, GA and Agana, 2003 FY; Disabled persons’ access to International services survey: GU; designated as plant implementation; programs, activities,

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facilities, and electronic and comments due by 1-22- by 1-20-04; published 12- Federal airways; comments information technology; 04; published 10-24-03 18-03 [FR 03-31207] due by 1-23-04; published comments due by 1-23-04; [FR 03-26868] PEACE CORPS 12-9-03 [FR 03-30450] published 11-24-03 [FR 03- HOUSING AND URBAN Organization, functions, and TRANSPORTATION 29090] DEVELOPMENT authority delegations; DEPARTMENT HEALTH AND HUMAN DEPARTMENT comments due by 1-21-04; National Highway Traffic SERVICES DEPARTMENT Mortgage and loan insurance published 12-22-03 [FR 03- Safety Administration Centers for Disease Control programs: 31396] and Prevention Single family mortgage TRANSPORTATION Motor vehicle safety Communicable diseases insurance— DEPARTMENT standards: control: FHA Technology Open To Federal Aviation Motorcycle controls and African rodents, prairie Approved Lenders Administration displays; comments due dogs, and certain other (TOTAL) mortgage Air carrier certification and by 1-20-04; published 11- animals; restrictions; scorecard use; operations: 21-03 [FR 03-28943] requirements and comments due by 1-20- National air tour safety TREASURY DEPARTMENT 04; published 11-4-03 [FR procedures; comments standards; comments due 03-27557] due by 1-20-04; by 1-20-04; published 10- Foreign Assets Control Office HEALTH AND HUMAN published 11-21-03 [FR 22-03 [FR 03-26104] SERVICES DEPARTMENT 03-29055] Airworthiness directives: Iraqi sanctions regulations: Food and Drug INTERIOR DEPARTMENT Airbus; comments due by 1- Claims against the Administration Fish and Wildlife Service 20-04; published 12-18-03 government of Iraq; U. S. [FR 03-31179] Communicable diseases Endangered and threatened financial institutions control: species: BAE Systems (Operations) transfer authorization; Ltd.; comments due by 1- Critical habitat comments due by 1-23- African rodents, prairie 23-04; published 12-24-03 designations— 04; published 11-24-03 dogs, and certain other [FR 03-31441] animals; restrictions; Mussels in Mobile River [FR 03-29237] Boeing; comments due by comments due by 1-20- Basin, AL; comments 1-20-04; published 11-18- 04; published 11-4-03 [FR due by 1-23-04; 03 [FR 03-28738] 03-27557] published 1-13-04 [FR LIST OF PUBLIC LAWS 04-00514] Bombardier; comments due Human drugs: by 1-20-04; published 12- Laxative products (OTC); Migratory bird hunting: 18-03 [FR 03-31183] Note: The List of Public Laws for the first session of the reopening of Tungsten-bronze-iron shot Empresa Brasileira de 108th Congress has been administrative record; approval as nontoxic for Aeronautica S.A. completed. It will resume comments due by 1-20- waterfowl hunting; (EMBRAER); comments when bills are enacted into 04; published 10-22-03 comments due by 1-20- due by 1-20-04; published public law during the next [FR 03-26570] 04; published 11-18-03 12-18-03 [FR 03-31181] session of Congress. A Reports and guidance [FR 03-28688] Eurocopter France; documents; availability, etc.: INTERIOR DEPARTMENT cumulative List of Public Laws comments due by 1-23- for the first session of the Evaluating safety of Surface Mining Reclamation 04; published 11-24-03 108th Congress will appear in antimicrobial new animal and Enforcement Office [FR 03-29221] the issue of January 30, 2004. drugs with regard to their Permanent program and General Electric Co.; microbiological effects on abandoned mine land comments due by 1-20- Last List December 24, 2003 bacteria of human health reclamation plan 04; published 11-18-03 concern; Open for submissions: [FR 03-28739] comments until further New Mexico; comments due McDonnell Douglas; notice; published 10-27-03 Public Laws Electronic by 1-20-04; published 12- comments due by 1-20- Notification Service [FR 03-27113] 19-03 [FR 03-31343] 04; published 12-3-03 [FR 03-30114] (PENS) HOMELAND SECURITY INTERNATIONAL TRADE DEPARTMENT COMMISSION Sikorsky; comments due by Coast Guard 1-23-04; published 11-24- Practice and procedure: 03 [FR 03-29219] PENS is a free electronic mail Anchorage regulations: notification service of newly Investigations relating to Special conditions— Maryland; Open for global and bilateral enacted public laws. To Boeing Model 747-100/ comments until further safeguard actions, market subscribe, go to http:// 200B/200F/200F/200C/ notice; published 1-14-04 disruption, and relief listserv.gsa.gov/archives/ SR/SP/100B SUD/400/ [FR 04-00749] actions review; comments publaws-l.html 400D/400F series due by 1-20-04; published Ports and waterways safety: airplanes; comments 11-19-03 [FR 03-28879] Note: PENS will resume New York Marine Inspection due by 1-23-04; service when bills are enacted and Captain of Port NUCLEAR REGULATORY published 12-9-03 [FR into law during the next Zones, NY; safety and COMMISSION 03-30449] session of Congress. This security zones; comments Spent nuclear fuel and high- Class B airspace; comments service is strictly for E-mail due by 1-20-04; published level radioactive waste; due by 1-23-04; published notification of new laws. The 11-20-03 [FR 03-29026] independent storage; 11-24-03 [FR 03-29202] text of laws is not available Regattas and marine parades: licensing requirements: Class E airspace; comments through this service. PENS Nanticoke River, Sharptown, Approved spent fuel storage due by 1-20-04; published cannot respond to specific MD; marine events; casks; list; comments due 12-19-03 [FR 03-31246] inquiries sent to this address.

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