2–7–05 Monday Vol. 70 No. 24 Feb. 7, 2005
Pages 6313–6550
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i II Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005
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Contents Federal Register Vol. 70, No. 24
Monday, February 7, 2005
Agricultural Marketing Service Special education and rehabilitative services— RULES Recreational programs, 6428–6432 Olives grown in— Meetings: California, 6323–6326 Indian Education National Advisory Council, 6432 Raisins produced from grapes grown in— California, 6326–6329 Employment and Training Administration NOTICES Agriculture Department Adjustment assistance: See Agricultural Marketing Service BASF Corp., 6455–6456 See Food and Nutrition Service Bosch-Rexroth Corp., 6456 See Forest Service CDI Professional Services, 6456 See National Agricultural Statistics Service Lenox, Inc., 6456–6457 NOTICES Louisiana Pacific Corp., 6457 Agency information collection activities; proposals, Pentair Pump South Plant (Hydromatic), 6457 submissions, and approvals, 6407–6408 Rock-Tenn Co., 6457–6458 Royal Home Fashions, 6458 Army Department Spang and Co., et al., 6458–6463 See Engineers Corps Thermal and Interior, 6463 Coast Guard Energy Department RULES Drawbridge operations: See Energy Information Administration New Jersey, 6345–6347 See Federal Energy Regulatory Commission Ports and waterways safety: Energy Information Administration Captain of the Port Zone, Baltimore, MD; safety zone, NOTICES 6349–6351 Agency information collection activities; proposals, Turtle River, Brunswick, GA; regulated navigation area, submissions, and approvals, 6432–6433 6347–6348 Commerce Department Engineers Corps See Industry and Security Bureau NOTICES See International Trade Administration Environmental statements; notice of intent: See National Oceanic and Atmospheric Administration Mahoning River, OH; dredging project, 6423–6424 Comptroller of the Currency Environmental Protection Agency RULES RULES Safety and soundness standards: Agency information collection activities; proposals, Residential mortgage lending practices; guidelines, 6329– submissions, and approvals, 6351–6352 6334 Air pollutants, hazardous; national emission standards: Leather finishing operations, 6355–6361 Defense Department Air quality implementation plans; approval and See Engineers Corps promulgation; various States; air quality planning RULES purposes; designation of areas: Acquisition regulations: Washington, 6361–6364 Overseas contracts; tax procedures, 6375 Air quality implementation plans; approval and Polyacrylonitrile carbon fiber; restriction to domestic promulgation; various States: sources, 6374–6375 Maine, 6352–6355 Small Business Competitiveness Demonstration Program, PROPOSED RULES 6373–6374 Air pollutants, hazardous; national emission standards: PROPOSED RULES Leather finishing operations, 6388–6390 Acquisition regulations: Air quality implementation plans; approval and Extraordinary contractual actions, 6393–6394 promulgation; various States: NOTICES Maine, 6387–6388 Federal Acquisition Regulation (FAR): NOTICES Agency information collection activities; proposals, Meetings: submissions, and approvals, 6423 Science Advisory Board, 6436
Education Department Executive Office of the President NOTICES See Presidential Documents Grants and cooperative agreements; availability, etc.: Elementary and secondary education— Federal Aviation Administration Early Childhood Educator Professional Development RULES Program, 6424–6428 Class E airspace, 6334–6335
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Colored Federal airways, 6335–6336 Premerger notification waiting periods; early terminations, IFR altitudes, 6337–6338 6442–6444 Standard instrument approach procedures, 6338–6340 VOR Federal airways, 6336–6337 Fish and Wildlife Service PROPOSED RULES NOTICES Area navigation routes, 6376–6378 Endangered and threatened species: Class E airspace, 6378–6382 Incidental take permits— NOTICES San Joaquin kit fox, 6452–6454 Airport noise compatibility program: Scottsdale Airport, AZ, 6497–6498 Passenger facility charges; applications, etc.: Food and Drug Administration Lehigh Valley International Airport, PA, 6498 NOTICES Agency information collection activities; proposals, Federal Communications Commission submissions, and approvals, 6444–6448 RULES Meetings: Common carrier services: Animal Feed Safety System, 6448–6449 Federal-State Joint Board on Universal Service— Food labeling; University of Arkansas/FDA public Rural health care support mechanism, 6365–6373 workshop, 6450–6451 PROPOSED RULES Reports and guidance documents; availability, etc.: Common carrier services: Studies to evaluate the safety of residues of veterinary Federal-State Joint Board on Universal Service— drugs in human food, 6449–6450 Rural health care support mechanism, 6390–6393 NOTICES Food and Nutrition Service Common carrier services: RULES Wireless telecommunications services— Food Stamp Program: 700 Mhz service license auction; reserve prices or Performance reporting system; high performance bonuses, minimum opening bids, etc., 6436–6440 6313–6323 Rulemaking proceedings; petitions filed, granted, denied, etc., 6440–6441 Forest Service Federal Election Commission NOTICES Meetings: NOTICES Resource Advisory Committees— Meetings; Sunshine Act, 6441 Siskiyou County, 6408 Federal Emergency Management Agency Superfund; response and remedial actions, proposed settlements, etc.: RULES Silver Bow County, MT, 6408–6409 Flood insurance; communities eligible for sale: Kansas, 6364–6365 NOTICES General Services Administration Meetings: NOTICES Emergency Medical Services Federal Interagency Federal Acquisition Regulation (FAR): Committee, 6452 Agency information collection activities; proposals, submissions, and approvals, 6423 Federal Energy Regulatory Commission RULES Health and Human Services Department Natural Gas Policy Act: See Food and Drug Administration Natural gas pipelines; project costs and annual limits, 6340 Homeland Security Department NOTICES See Coast Guard Electric rate and corporate regulation filings, 6434–6436 See Federal Emergency Management Agency NOTICES Federal Railroad Administration Reports and guidance documents; availability, etc.: NOTICES National Response Plan, 6451–6452 Exemption petitions, etc. New York & Lake Erie Railroad, 6498–6499 Union Railroad Co., 6499 Industry and Security Bureau NOTICES Federal Reserve System Export privileges, actions affecting: NOTICES Parkland PME Corp., et al., 6409–6410 Banks and bank holding companies: Wen Enterprises et al., 6410–6412 Change in bank control, 6441 Meetings: Formations, acquisitions, and mergers, 6441 Information Systems Technical Advisory Committee, 6412 Federal Trade Commission Transportation and Related Equipment Technical NOTICES Advisory Committee, 6412 Organization, functions, and authority delegations: Associate Director for International Consumer Protection, Interior Department 6442 See Fish and Wildlife Service
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International Trade Administration Reactor Safeguards Advisory Committee; correction, 6471 NOTICES Applications, hearings, determinations, etc.: Antidumping: Nuclear Management Co., 6466–6468 Honey from— United States Enrichment Corp., 6468–6469 China, 6412–6413 Stainless steel wire rod from— Postal Service Sweden, 6413 NOTICES Applications, hearings, determinations, etc.: Meetings; Sunshine Act, 6471 Cornell University, 6414 Presidential Documents International Trade Commission PROCLAMATIONS NOTICES Special observances: Import investigations: American Heart Month (Proc. 7866), 6543–6546 Encapsulated integrated circuit devices and products Centennial of the Forest Service (Proc. 7867), 6547–6548 containing same, 6454–6455 ADMINISTRATIVE ORDERS Afghanistan; drawdown authorization (Presidential Labor Department Determination) See Employment and Training Administration No. 2005-19 of January 27, 2005, 6549 NOTICES Agency information collection activities; proposals, Public Debt Bureau submissions, and approvals, 6455 NOTICES Agency information collection activities; proposals, National Aeronautics and Space Administration submissions, and approvals, 6501–6503 NOTICES Agency information collection activities; proposals, Research and Special Programs Administration submissions, and approvals, 6463–6465 NOTICES Federal Acquisition Regulation (FAR): Hazardous materials: Agency information collection activities; proposals, Applications; exemptions, renewals, etc., 6500–6501 submissions, and approvals, 6423 Securities and Exchange Commission National Agricultural Statistics Service NOTICES NOTICES Joint Industry Plan: Meetings: American Stock Exchange LLC et al., 6471–6473 Aviation Security Advisory Committee, 6409 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 6473–6475 National Archives and Records Administration Boston Stock Exchange, Inc., 6475–6476 PROPOSED RULES International Securities Exchange, Inc., 6476–6482 NARA facilities: New York Stock Exchange, Inc., 6482–6486 Locations and hours, 6386–6387 Options Clearing Corp., 6486–6487 Pacific Exchange, Inc., 6487–6492 National Oceanic and Atmospheric Administration Philadelphia Stock Exchange, Inc., 6492–6497 PROPOSED RULES Endangered and threatened species: Small Business Administration Critical habitat designations— NOTICES West Coast salmonids, 6394–6395 Applications, hearings, determinations, etc.: International fisheries regulations: Telesoft Partners II SBIC, L.P., 6497 West Coast States and Western Pacific fisheries— Pacific halibut catch sharing plan, 6395–6406 Social Security Administration NOTICES RULES Agency information collection activities; proposals, Supplemental security income: submissions, and approvals, 6414–6420 Aged, blind, and disabled— Meetings: Income and resources; determination, 6340–6345 Gulf of Mexico Fishery Management Council, 6421–6422 Pacific Fishery Management Council, 6422 Statistical Reporting Service Western Pacific Fishery Management Council, 6422–6423 See National Agricultural Statistics Service Permits: Exempted fishing, 6420–6421 Transportation Department See Federal Aviation Administration National Science Foundation See Federal Railroad Administration NOTICES See Research and Special Programs Administration Agency information collection activities; proposals, RULES submissions, and approvals, 6465–6466 Transportation Acquisition Regulation (TAR); revision, 6505–6542 Nuclear Regulatory Commission PROPOSED RULES NOTICES Navigation of foreign civil aircraft within the United States; Environmental statements; availability, etc.: policy determination request, 6382–6386 Exxonmedical Sciences, Inc., 6469–6470 Meetings: Treasury Department Nuclear Waste Advisory Committee, 6470–6471 See Comptroller of the Currency
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See Public Debt Bureau Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, Separate Parts In This Issue and notice of recently enacted public laws. Part II To subscribe to the Federal Register Table of Contents Transportation Department, 6505–6542 LISTSERV electronic mailing list, go to http:// Part III listserv.access.gpo.gov and select Online mailing list Executive Office of the President, Presidential Documents, archives, FEDREGTOC-L, Join or leave the list (or change 6543–6549 settings); then follow the instructions.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
3 CFR Proclamations: 7866...... 6545 7867...... 6547 Administrative Orders: Presidential Determinations: No. 2005-19 of January 27, 2005 ...... 6549 7 CFR 272...... 6313 275...... 6313 932...... 6323 989...... 6326 12 CFR 30...... 6329 14 CFR 71 (3 documents) ...6334, 6335, 6336 95...... 6337 97...... 6338 Proposed Rules: 71 (5 documents) ...6376, 6378, 6379, 6381 375...... 6382 18 CFR 157...... 6340 20 CFR 416...... 6340 33 CFR 117...... 6345 165 (2 documents) ...... 6347, 6349 36 CFR Proposed Rules: 1253...... 6386 40 CFR 9...... 6351 52...... 6352 63...... 6355 81...... 6361 Proposed Rules: 52...... 6387 63...... 6388 44 CFR 64...... 6364 47 CFR 54...... 6365 Proposed Rules: 54...... 6390 48 CFR 219...... 6373 225...... 6374 229...... 6375 Ch. 12 ...... 6506 Proposed Rules: 250...... 6393 50 CFR Proposed Rules: 226...... 6394 300...... 6395
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Rules and Regulations Federal Register Vol. 70, No. 24
Monday, February 7, 2005
This section of the FEDERAL REGISTER 703–305–2515, or via the Internet at Unfunded Mandate Analysis contains regulatory documents having general [email protected]. Title II of the Unfunded Mandate applicability and legal effect, most of which are keyed to and codified in the Code of SUPPLEMENTARY INFORMATION: Reform Act of 1995 (UMRA), Pub. L. 104–4, establishes requirements for Federal Regulations, which is published under I. Procedural Matters 50 titles pursuant to 44 U.S.C. 1510. Federal agencies to assess the effects of Executive Order 12866 their regulatory actions on State, local, The Code of Federal Regulations is sold by This final rule was determined to be and tribal governments and the private the Superintendent of Documents. Prices of significant, although not economically sector. Under section 202 of UMRA, the new books are listed in the first FEDERAL Department generally must prepare a REGISTER issue of each week. significant, and was reviewed by the Office of Management and Budget written statement, including a cost (OMB) in conformance with Executive benefit analysis, for proposed and final Order 12866. rules with ‘‘Federal mandates’’ that may DEPARTMENT OF AGRICULTURE result in expenditures to State, local, or Executive Order 12372 Food and Nutrition Service tribal governments, in the aggregate, or The FSP is listed in the Catalog of to the private sector, of $100 million or 7 CFR Parts 272 and 275 Federal Domestic Assistance under No. more in any one year. When such a 10.551. For the reasons set forth in the statement is needed for a rule, section RIN 0584–AD29 final rule in 7 CFR part 3105, subpart V 205 of UMRA generally requires the and related Notice (48 FR 29115, June Department to identify and consider a Food Stamp Program: High reasonable number of regulatory Performance Bonuses 24, 1983), the FSP is excluded from the scope of Executive Order 12372. This alternatives and adopt the least costly, AGENCY: Food and Nutrition Service, Executive Order requires more cost-effective or least burdensome USDA. intergovernmental consultation with alternative that achieves the objectives of the rule. ACTION: Final rule. State and local officials regarding Federal financial assistance and direct This rule contains no Federal SUMMARY: This rule finalizes Federal development. The Food Stamp mandates (under the regulatory amendments to the Food Stamp Program is excluded because it is an provisions of Title II of the UMRA) that Program (FSP) regulations that were entitlement program and benefits are impose costs on State, local, or tribal proposed in a Notice of Proposed provided directly to individuals. governments or to the private sector of Rulemaking (NPRM), ‘‘Food Stamp $100 million or more in any one year. Executive Order 12988 Program High Performance Bonuses’’, Thus, this rule is not subject to the published on December 17, 2003 in the This final rule has been reviewed requirements of section 202 and 205 of Federal Register. The NPRM proposed under Executive Order 12988, Civil UMRA. regulations that would implement Justice Reform. This final rule is Regulatory Impact Analysis section 4120 of the Farm Security and intended to have preemptive effect with Rural Investment Act of 2002 (FSRIA) respect to any State or local laws, Need for Action which authorized the Food and regulations, or policies that conflict This final rule is needed to implement Nutrition Service (FNS) to award with its provisions or that would the provisions of Section 4120 of the bonuses to States that demonstrate high otherwise impede its full FSRIA that authorized FNS to establish or improved performance in implementation. This final rule is not performance measures relating to administering the FSP. The NPRM intended to have retroactive effect actions taken to correct errors, reduce proposed performance measures for the unless so specified in the ‘‘Dates’’ rates of error, improve the eligibility high performance bonuses for fiscal year paragraph of this rule. Prior to any determinations and other indicators of (FY) 2005 and beyond. It also proposed judicial challenge to the provisions of effective administration; measure States’ the data that would be used to measure this rule or the application of its performance against these performance the identified performance. This final provisions, all applicable administrative measures; and award performance rule summarizes and discusses the procedures must be exhausted. bonus payments totaling $48 million for comments we received as well as Regulatory Flexibility Act each fiscal year to State agencies that adjusts the regulatory language when show high or improved performance necessary in response to those This rule has been reviewed with relating to the performance measures. comments. regard to the requirements of the Regulatory Flexibility Act of 1980 (5 Benefits DATES: This final rule is effective April U.S.C. 601–612). Eric M. Bost, Under State agencies will benefit from the 8, 2005. The provisions of this final rule Secretary for Food, Nutrition, and provisions of this rule because they are required to be implemented no later Consumer Services, has certified that have the potential to be awarded than April 8, 2005. this rule will not have a significant bonuses for high or improved FOR FURTHER INFORMATION CONTACT: economic impact on a substantial performance in administering the FSP. Moira Johnston, Senior Program number of small entities. The changes Recipients will benefit from the Analyst, Program Design Branch, will affect State and local agencies that provisions of this rule because, as the Program Development Division, Food administer the FSP, to the extent that State agencies seek to improve their Stamp Program, FNS, 3101 Park Center they must implement the provisions performance in determining eligibility, Drive, Room 812, Alexandria, Virginia, described in this action. issuing benefits, and attracting and
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retaining participants, their actions will Extent to Which We Met Those collections of information by a Federal positively affect applicants and Concerns agency before they can be implemented. participants. FNS considered comments on the Respondents are not required to respond to any collection of information unless Costs NPRM prior to publishing this final rule. Our responses to these comments it displays a current valid OMB control The cost of implementing these number. There are no revisions to provisions is $48 million each fiscal are discussed at length later in this preamble. information collections identified in year, or $240 million over 5 years. this rule. This rule contains information Executive Order 13132 Civil Rights Impact Analysis collections that have been previously approved by OMB. The burden for the Federalism Summary Impact Statement FNS has reviewed this final rule in accordance with the Department Quality Control Negative Case Action Executive Order 13132 requires Regulation 4300–4, ‘‘Civil Rights Impact Review Schedule (FNS–245) is Federal agencies to consider the impact Analysis,’’ to identify and address any approved under OMB #0584–0034. The of their regulatory actions on State and major civil rights impacts the rule might Quality Control Review Schedule (FNS– local governments. Where such actions have on minorities, women, and persons 380–1) is approved under OMB #0584– have ‘‘federalism implications,’’ with disabilities. After a careful review 0299. The Integrated Quality Control agencies are directed to provide a of the rule’s intent and provisions, and Review Worksheet (FNS–380) is statement for inclusion in the preamble the characteristics of food stamp approved under OMB #0584–0074. The to the regulation describing the agency’s households and individual participants, State Coupon Issuance and Participation considerations in terms of the three FNS has determined that there is no Estimates (FNS–388) is approved under categories called for under section adverse effect on any of the protected OMB #0584–0081. (6)(b)(2)(B) of Executive Order 13132. classes. The rulemaking is directed at Government Paperwork Elimination Act Prior Consultation With State Officials State agencies and not applicants or (GPEA) recipients. If there were a trickle down Prior to drafting the NPRM, FNS FNS is committed to compliance with received input from State and local effect on applicants or recipients, it would more than likely be positive and the GPEA, which requires Government agencies. Since the FSP is a State agencies, in general, to provide the administered, Federally funded affect all applicants and recipients as this rulemaking includes incentives for public the option of submitting program, our national headquarters staff information or transacting business and regional offices have formal and State agencies to improve the eligibility determination and certification systems. electronically to the maximum extent informal discussions with State and possible. local officials on an ongoing basis FNS has no discretion in regarding FSP implementation and implementing the law, which was II. Discussion of Comments effective upon enactment of the FSRIA policy issues. This arrangement allows A. Background State and local agencies to provide on May 13, 2002. However, FNS does feedback that forms the basis for any have discretion regarding the Section 16(a) of the Food Stamp Act discretionary decisions made in this and performance measures on which to base of 1977 (the Act), 7 U.S.C. 2025(a), other FSP rules. In addition, FNS the awards. As discussed above, these establishes the base administrative cost- solicited ideas at various State, regional, performance measures are directed at sharing rate between the Federal national, and professional conferences. State agencies. To the extent States act Government and States at 50 percent. FNS also consulted with State on these incentives, customer service That is, pursuant to Section 16(a), FNS government representatives and our and payment accuracy may improve. will typically reimburse half a State’s partners in the anti-hunger arena Therefore, FNS anticipates no adverse costs incurred in administering the FSP. through meetings with such entities as impact on any of the individuals eligible The Act, prior to enactment of the the National Conference of State for food stamps and no disproportionate FSRIA, provided that a State agency Legislators (NCSL), the National impact on any protected class. would receive enhanced funding if it Governors Association (NGA), and the In general, all data available to FNS had a payment error rate less than or American Public Human Services indicate that protected individuals have equal to 5.9 percent and a negative case Association (APHSA). Finally, we the same opportunity to participate in error rate less than the national solicited comments on these the FSP as non-protected individuals. weighted mean negative case error rate amendments through the rulemaking FNS specifically prohibits the State and for the previous year. State agencies and process. The comment period for the local government agencies that advocate groups expressed concerns NPRM opened on December 17, 2003 administer the FSP from engaging in that this incentive was too narrowly and closed on February 17, 2004. FNS actions that discriminate based on race, focused on payment accuracy and received comments from 14 State or color, national origin, gender, age, should be modified to also reward local agencies that administer the FSP, disability, marital or family status (FSP States for efficient management of the 3 interest groups, one university and nondiscrimination policy can be found FSP in other areas. one individual. at 7 CFR 272.6(a)). Where State agencies On May 13, 2002, the enactment of have options, and they choose to FSRIA re-designed the quality control Nature of Concerns and the Need To implement a certain provision, they (QC) system, replacing enhanced Issue This Rule must implement it in such a way that it funding with bonuses for States with Results of the consultations that were complies with the regulations at 7 CFR high or most improved performance in held prior to the publication of the 272.6. administering the FSP, while NPRM were discussed in the preamble significantly reducing liabilities of that rule and therefore will not be Paperwork Reduction Act assessed against States with poor discussed here. The comments that FNS The Paperwork Reduction Act of 1995 accuracy outcomes. received in response to the NPRM are (44 U.S.C. Chap. 35; see 5 CFR 1320) On December 17, 2003, FNS discussed at length later in this requires that the Office of Management published the NPRM titled ‘‘Food preamble. and Budget (OMB) approve all Stamp Program High Performance
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Bonuses’’ (68 FR 70193) which ($6 million). It proposed that 50 percent, balanced division of the bonus money— proposed to implement the FSRIA high or $24 million, of the award money be awarding the majority to customer performance bonus provisions. allocated to payment accuracy based service measures. A third commenter Elimination of enhanced funding and upon States’ error rates, the sole argued that the QC system already changes in the liability system will be criterion used under the previous imposes severe fiscal penalties on States dealt with in a separate rulemaking. enhanced funding. that do not perform within acceptable Section 4120 of the FSRIA (Pub. L. One commenter generally disagreed standards. In addition, States are given 107–171) amended Section 16 of the Act with dividing the bonuses among a incentives to focus on program integrity (7 U.S.C. 2025) to authorize FNS to: limited number of States. The by keeping a share of the recipient establish performance measures relating commenter claimed that such a claims they collect. This commenter to actions taken to correct errors, reduce distribution was a disincentive because argued that the purpose of the high rates of error, improve eligibility States could maintain a low error rate performance bonus system was to determinations, and other indicators of year after year and yet never qualify for provide a balance to the system. This effective administration; measure States’ a bonus. This commenter suggested that commenter recommended that the best performance against these performance every State that strives to reach and way to do this would be to allocate 70 measures; and award performance maintain an acceptable performance percent of the $48 million to client bonus payments totaling $48 million for level should receive a bonus. FNS does service/access measures. A fourth each fiscal year to State agencies that not believe that providing bonus funds commenter urged FNS to consider show high or most improved to all States that attempt to maintain a apportioning a larger share of the $48 performance relating to the performance certain level of error meets the intent of million towards the customer service measures. Section 16(d)(2) of the Act (7 the legislation or that such an approach measures thus buttressing an emphasis U.S.C. 2025 (d)(3)) provides that FNS would be as effective as the proposed on improving access. must establish the performance process. One commenter suggested that FNS measures through guidance for FY 2003 One commenter suggested FNS use a allocate even more towards payment and FY 2004 and by regulation for FY composite ranking to determine the best accuracy—$30 million. This suggestion 2005 and beyond. Section 16(d)(3) (7 overall State and make awards based on was not based on the importance of U.S.C. 2025(d)(3)) prohibits a State from that ranking. FNS held many payment accuracy, but on the belief that being eligible for a performance bonus discussions with various stakeholders less should be allocated for the PAR due payment any fiscal year for which it has prior to drafting the NPRM. It was clear to inaccurate data. a liability amount established. Section from these meetings that several FNS maintains its conviction that 16(d)(4) (7 U.S.C. 2025(d)(4)) provides individual performance measures were allocating fifty percent of the total that the amount of the bonus payment preferable over a composite measure. amount towards payment accuracy is and whether or not to award such bonus Because many stakeholders specifically appropriate. FNS is aware that the payment is not subject to administrative mentioned this in those discussions, FSRIA intended to move away from or judicial review. Pursuant to Section and because FNS received no other awarding States solely on the merits of comments to this affect on the NPRM, error rates. The last year of enhanced 16(d)(2)(B)(ii) of the amended Act (7 FNS has decided to retain the structure funding, FNS paid out more than $77 U.S.C. 2025 (d)(2)(B)(ii)), FNS is to of providing the awards based on million in bonuses based on States’ award the bonus payments in the fiscal individual performance measures. error rates. Therefore, allocating $24 year following the fiscal year of Five commenters expressed million in performance bonuses based performance. dissatisfaction with the way FNS on payment accuracy is a significant B. General Rule proposed to divide the money among reduction in money awarded to States the categories. Four of these based on error rates. At the same time, 1. Section 275.24 commenters expressed concern that too FNS believes it is important to allocate The NPRM proposed to establish a much money had been allocated this amount to payment accuracy as it new section 7 CFR 275.24, High towards payment accuracy. One continues to be one of the Agency’s Performance Bonuses. Section 275.24 commenter argued that, while program highest priorities and of critical (a)(1) through (a)(7) of the proposal set integrity is important, there are other importance to Congress and the forth the general guidelines for the high indicators of successful FSP taxpayer. In addition, it is an performance bonuses. We received administration that should be established index that measures several comments on these provisions. recognized and rewarded equally. This outcomes that are influenced by many FNS will address each provision and the commenter recommended allocating aspects of FSP management, such as comments received individually. more money towards rewarding States policies, training and customer service. with high and improved PAR. Another 2. Section 275.24(a)(1) FNS believes allocating more than $24 commenter argued that the FSRIA million towards payment accuracy In the NPRM, section 275.24(a)(1) intended to move away from a system would be excessive, as the other proposed that FNS would award that measured FSP performance solely measurements are also significant. bonuses totaling $48 million for each via payment accuracy. This same Therefore, FNS is retaining this fiscal year to State agencies that show commenter pointed out that while the provision to allocate $24 million high or most improved performance. FSRIA modified the quality control towards payment accuracy. Section 275.24(b) proposed to make sanction system, the system remains in awards to 30 States in 7 categories: the place and, due to the national average 3. Section 275.24(a)(2) lowest and most improved combined feature, a number of States would Section 275.24(a)(2) proposed payment error rates ($24 million); the continue to be sanctioned every year. awarding the bonuses no later than lowest and most improved negative Therefore, this commenter found it September 30th of the fiscal year error rates ($6 million); the highest and inappropriate that FNS should following the performance measurement most improved participant access rates emphasize payment accuracy in the year. FNS received no comments on this (PAR) ($12 million); and the best high performance bonus system as well. specific provision. However, FNS did application processing timeliness rate This commenter recommended a more receive comments on how it relates to
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awarding the bonus for the best and language at § 275.24(a)(3) to provide that allows the ‘‘next best’’ State to receive most improved PAR. These comments a State agency is not eligible for a bonus an award as being among the best States. will be discussed later in the preamble. payment in any fiscal year for which it FNS received three comments on this This provision is statutorily mandated has a liability amount established as a provision. One commenter agreed with (7 U.S.C. 2025(d)(2)(B)(ii)) and, result of an excessive payment error rate awarding a State only one award, but therefore, we are adopting the proposed in the same year. If a State is suggested that it be for the best and not regulatory modification as final with no disqualified from receiving a bonus for the most improved. This commenter changes. payment and the State is not tied for a reasoned that the State with the best bonus, the State with the next best performance should get the award for 4. Section 275.24(a)(3) performance will be awarded a bonus being the best, regardless of the degree Section 275.24(a)(3) proposed that a payment. of improvement. One commenter agreed State agency would not be eligible for a with the proposal to recognize the State bonus payment in any fiscal year for 5. Section 275.24(a)(4) in the most improved category thus which it has a liability amount Section 275.24(a)(4) proposed that the allowing the State with the next best established. FNS received three determination whether, and in what performance to receive an award. This comments opposing this provision. One amount, to award a performance bonus commenter reasoned that this method commenter argued that this provision payment is not subject to administrative allows more States exhibiting penalizes States that have made the or judicial review. FNS received no outstanding performance to receive greatest strides in addressing problem comments on this provision. This awards. This commenter also stated that areas. This commenter suggested that, if provision is statutorily mandated by 7 recognizing and rewarding a State against which a liability has been U.S.C. 2025(d)(4) and, therefore, FNS is improvement is important, but it is established wins an award, FNS should adopting it as final. more appropriate to give award money use the award to offset any liabilities. to States qualifying as the best. The 6. Section 275.24(a)(5) This commenter stressed that this third commenter suggested that FNS would not only recognize improvement Section 275.24(a)(5) proposed that first calculate the monetary amount of but serve as an incentive as well. FNS divide the award money among the the award for each bonus and then Another commenter argued that awards States in each category in proportion to award the State in the category in which for improvement should not be tied to the size of their caseloads (the average it would receive the higher bonus. a liability payment because number of households per month for the FNS is committed to awarding both improvement should be rewarded fiscal year for which performance is high and improved performance in regardless of the national standard for measured). FNS received four comments administering the FSP. FNS believes it payment accuracy. This commenter on this provision, each arguing that this is important to emphasize high urged FNS to consider a legislative method is unfair to small States with performance. Therefore, FNS has change. This commenter believes high small caseloads. Each of these decided to award a State that is a double achievement in customer service should commenters suggested that FNS winner (best and most improved) the be rewarded regardless of a State’s establish a base amount for each award award for being the best while at the payment accuracy rate. One commenter and then divide the remainder same time acknowledging that the State plans to seek a legislative change which according to caseload size. This method, also achieved in the most improved would allow FNS to award bonuses to they argue, would provide more of an category. FNS will then award a bonus States even if they have been assessed incentive for smaller States. Suggestions to the next State in the best category. a liability. for the amount of the base award FNS is not adopting the commenter’s At this point in time, FNS is unable differed among commenters, from suggestion concerning awarding the to modify this provision due to the $150,000 in general to $1 million State the highest monetary amount. FNS statutory mandate of 7 U.S.C. specifically in the payment accuracy believes that the amount of the bonus 2025(d)(3). Therefore, FNS is adopting category. award is secondary to the recognition a this provision as final with no changes. FNS recognizes that the proposed State receives. FNS received one comment system is somewhat biased against suggesting we modify the regulatory smaller States, especially if a State with 8. Section 275.25(a)(7) language to clarify that the only kind of a small caseload wins in the same Section 275.24(a)(7) proposed that, liability that may render a State category as a State with a large caseload. where there is a tie to the fourth decimal ineligible for a bonus is a penalty for an Therefore, FNS is modifying the point, FNS will add the additional excessive QC payment error rate in the regulatory language at § 275.24(a)(5) to State(s) into the category and the money same year for which enhanced funding provide that FNS will award a base will be divided among all the States. might otherwise be awarded. This amount of $100,000 to each State agency FNS received no comments on this commenter suggested that we articulate that is an identified winner in each provision and is adopting it as final that this does not include leftover QC category. FNS will divide the remaining with no changes. penalties due to a failed reinvestment award money among the States in each 9. Innovation plan or penalties for other deficiencies category in proportion to the size of in FSP operations. This same their caseloads. In the preamble of the NPRM, FNS commenter noted that the proposed rule specifically solicited comments on does not clearly state that if a State is 7. Section 275.24(a)(6) whether or not to include ‘‘innovation’’ disqualified from receiving a bonus Section 275.24(a)(6) proposed that a as a measure of high performance and, payment due to a QC penalty, the State State cannot be awarded two bonuses in if so, what criteria could be used to rank with the next best performance will win the same category (payment accuracy, innovative projects. We received two the performance bonus just as if the negative error rate, or participant access comments suggesting we create a disqualified State were a poor rate). If a State is determined to be the category for innovation. One commenter performer. best and the most improved in a indicated that to be valid, results of a FNS agrees with this commenter and, category, it would only be awarded a project need to be measurable therefore, is modifying the regulatory bonus for being the most improved. This (quantifiable) and repeatable among
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other states; need to affect something awarding bonuses to the 7 States with subject, FNS is not adopting the important to the FSP; and need to be the lowest combined payment error commenters’ suggestion. something an individual State can rates based on the validated quality One commenter supported basing the effect. One commenter strongly control payment error rates for the award for most improved on percentage supported the idea of allocating money performance measurement year. One point decrease (absolute improvement). to reward State innovation, even if that commenter suggested that FNS award Another commenter disagreed with this pot of money is relatively small. This bonuses in the area of payment accuracy suggestion. This commenter argued that commenter recommended requiring to the ten best and the ten most it is much harder for a State with an States to apply for the award. This way, improved States. This commenter already low error rate to improve by FNS would be able to collect argued that such a method would several percentage points and, therefore, information on innovative practices that provide a greater incentive to States and States with a solid performance record it could then share with all the States. would represent FNS’ highest priority and significant percentage improvement This commenter suggested that in the and the State’s ability to manage the would not be rewarded. In addition, this application the States answer the FSP. One commenter argued that commenter argued that the State with a following questions: What problem did rewarding improvement is more lower error rate is costing the FSP less the State attempt to solve? Did the State important than rewarding the best and, money. This commenter suggested that work in partnership with other state therefore, FNS should award 12 States FNS measure percentage improvement agencies or non-profit groups to identify in this category: six States that are the (relative improvement) so all States and resolve the problem? What best and six States that are the most have an opportunity to realize a quantifiable results are available to improved. performance bonus not just those that support the States’ success? Is the idea FNS appreciates these comments. have high dollar errors. exportable to other States? However, FNS believes that awarding 20 FNS stands by the proposal to use FNS appreciates the comments States in the area of payment accuracy percentage point improvement (absolute concerning creating a performance would result in bonus amounts that improvement) as the best means of bonus category for innovation. However, would be so small they would reduce measuring improvement. To illustrate, FNS received only two comments States’ incentive. Furthermore, FNS we will repeat the example given in the supporting this idea and has concluded believes that the proposed provision proposed rulemaking at 68 FR 70197: if that a determination of innovation strikes a good balance by recognizing State A has a 10 percent error rate in FY would be too subjective. At the same three States that improved the most 2004 and a 6 percent error rate in FY time, FNS values the idea of collecting while still providing the greater number 2005, it has shown an absolute and sharing innovative ideas. Therefore, of bonuses for the best performers. FNS improvement rate of 4 percent (the FNS is examining how best to do this will adopt this provision as final with difference between 10 and 6) and a outside of the performance bonus arena. no changes. relative improvement rate of 40 percent 2. Section 275.24(b)(1)(ii) (the percentage reduction from 10) If 10. Additional Comments State B has a 6 percent error rate in FY Section 275.24(b)(1)(ii) proposed FNS received two comments 2004 and a 3 percent error rate in FY awarding the 3 States with the largest suggesting it include a performance 2005, it has had an absolute percentage point decrease in the measurement for Food Stamp improvement rate of 3 and a relative combined payment error rates based on Employment and Training (FSET) improvement rate of 50 percent. States the comparison of the validated quality participation rate and most employed. that improve by more percentage points control payment error rates for the One of the commenters put forth this have more of an impact on the national performance measurement year and the suggestion because FSET is a major previous fiscal year. FNS received four FSP and on their own caseload than component of the FSP. The other comments on this provision. States that make a relative indicated that this category would be an Two commenters suggested that improvement. And, as discussed above, outcome measure that supports the goal States only get awards if States’ error States that have already low error rates of increasing family self-sufficiency rates are at or below the national can compete for and very well may win rather than just an administrative average payment error rate. The FSRIA in the ‘‘best’’ category. Therefore, we are process. provided no restrictions on awarding adopting this provision as final with no In drafting the policy for FY 2003 and States for improvement, while it did changes. FY 2004 and in drafting the NPRM, FNS provide for a restriction for awarding D. Negative Error Rate did consider including a category for States with established liabilities. FNS FSET. While FNS recognizes that this views these awards as an incentive for 1. Section 275.24(b)(2) activity is important, it is not critical to improvement, especially for States with Section 275.24(b)(2) proposed to the administrative performance of the already high error rates. If FNS only divide $6 million among the 4 States FSP as outlined in the FSRIA. awarded States that were at or below the with the lowest negative error rates and Furthermore, FNS does not have access national average, what incentive then the 2 States with the most improved to data that would be necessary for such would these bonuses serve for those negative error rates. The negative error a measure. Therefore, FNS is not States that have high error rates? Also, rate measures the correctness of the adopting this suggestion. if States had significantly higher error State agency’s action to deny an C. Payment Accuracy rates than the national average, they application, or suspend or terminate the very well may be in sanction mode and benefits of a participating household. It 1. Section 275.24(b)(1) would be statutorily prohibited from also measures whether a State correctly Section 275.24(b)(1) proposed to receiving a bonus. Finally, FNS determined a household’s eligibility in divide $24 million (50 percent of the contends that States that are already at terms of the State’s compliance with total amount) among the 10 States with or below the national average can Federal procedural requirements. the lowest and the most improved compete for an award in the ‘‘best’’ One commenter recommended that combined payment error rate (the error category. Therefore, while FNS the definition of a negative error be rate). Section 275.24(b)(1)(i) proposed appreciates the comments on this revised to exclude procedural issues
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when the household is not eligible reach a low error rate losing to States commenter this approach is consistent anyway, e.g. denying the case on the that have had continuously high error with the statutory provision that 29th day instead of the 30th. Negative rates. Again, as discussed above, FNS disqualifies States from receiving a cases are defined in 7 CFR 271.2 and the believes that States that improve by bonus payment if they are subject to a review procedures for negative cases are more percentage points have more of an QC penalty in that fiscal year. specified in 7 CFR 275.12 and the FNS impact on the national FSP and on their FNS views these bonuses as Handbook 310, the Food Stamp Program own caseload than States that make Quality Control Review Handbook. percentage improvement. Additionally, incentives for States to improve. Those procedures are based on States that have already low error rates However, FNS also recognizes that if a certification policy. Revisions to quality can compete for and very well may win State has an excessively high negative control review policy are outside of the in the ‘‘best’’ category. Therefore, we are error rate even after improvement, then scope of this rulemaking. Therefore, adopting this provision as final with no it should not be rewarded. While the FNS will not adopt the commenter’s changes. FSRIA did not provide for a restriction, suggestion, but will consider the idea in FNS agrees with the comments. 4. Threshold future rulemaking. Therefore, FNS has decided to take a In the preamble of the NPRM, FNS moderate position on this issue and 2. Section 275.24(b)(2)(i) specifically solicited comments on provide that States that are more than 50 Section 275.24(b)(2)(i) proposed to whether States must attain a certain percent above the national average award bonuses to the 4 States with the threshold to be rewarded for an negative error rate may not receive a lowest negative error rates based on improved negative error rate. For bonus in this category regardless of validated quality control negative error example, should a State be rewarded if improvement. rates for the performance year. One it improves its negative error rate from commenter supported this measure. One 20 percent to 15 percent, even though E. Program Access Index commenter questioned how FNS would its negative error rate is still very high? validate the negative error rate from year One commenter suggested setting 1. Section 275.24(b)(3) to year to determine the most improved. separate thresholds for groups of States Section 275.24(b)(3)(i) and (b)(3)(ii) This commenter pointed out that in the created within each bonus category. proposed to divide $12 million among past the State’s negative error rates have These groups could be based on the 4 States with the highest and the 4 not been validated unless the State was caseload, metropolitan area, and States with the most improved below the national average for active expenditure level. Alternatively, this reviews. This commenter questioned if commenter suggested setting no participant access rate (PAR). Section the negative error rates would be threshold because it could exclude 275.24(b)(3)(iii) proposed to use a validated for all States whether or not those States whose improvement had variety of data sources to calculate the they have met the active error rate or the largest possible impact on the PAR. FNS proposed that the would only the State’s error rate be caseload, in terms of the number of denominator be composed of annual used. If the State’s rate will be used, this cases positively affected. In addition, State counts of persons below 125 commenter expressed concern that the using a threshold for the most improved percent of poverty from the Census results would be questionable if not negative error rate would be Bureau’s March Supplement to the validated. For several years, FNS has incongruous since no such thresholds Current Population Survey (CPS). These been validating all State agencies’ are used for the other most improved counts are based on annual income negative case error rates because of categories. One commenter supported received in the previous calendar year. concerns about the quality of the data awarding States for most improved even For the numerator, or the number of and fair and equitable treatment of if their negative error rate was above the food stamp participants, FNS proposed applicants. Although this comment is national average. At the same time, this to use administrative counts of outside the scope of this rulemaking, commenter suggested that in lieu of the participants by State over the same FNS recognizes the merit of the bonus money, we award these States calendar year as for the Census Bureau’s comment and intends to continue to special recognition. persons below 125 percent of poverty, validate all State agencies’’ negative Three commenters opposed awarding averaging 12 months of data. In case error rates. States for most improved when their addition, FNS proposed to make negative error rates were above the 3. Section 275.24(b)(2)(ii) adjustments for two special situations. national average. One commenter First, because persons receiving Section 275.24(b)(2)(ii) proposed to argued that it would not be fair to award Supplemental Security Income (SSI) are award bonuses to the 2 States with the a State for improvement when its ineligible for food stamps in California, largest percentage point decrease in negative error rate was still very high. A their negative error rates based on the second commenter argued that since the FNS proposed to reduce the number of comparison or the performance entire purpose of the bonuses is to persons below 125 percent of poverty in measurements year’s validated quality reward States for correct administration California by the percentage of such control negative error rates with those of of the FSP, a State that is incorrectly persons who received SSI in the the previous fiscal year. One commenter denying or terminating more cases than previous year. Second, because some supported the idea of awarding States the national average should not receive individuals residing on reservations for improvement in the negative error a financial award. A third argued that may choose to receive food assistance rate but suggested it be a smaller States that win awards for improvement from either the FSP or the Food amount of money than for the best. One in their negative error rate should be Distribution Program on Indian commenter supported using percentage held to some basic level of performance. Reservations (FDPIR) but not both points versus percentage improved. One This commenter suggested that States simultaneously, FNS proposed to add commenter opposed this method. This should not be awarded for most the number of FDPIR participants to the commenter suggested that awarding improved if they are more than 30 number of food stamp participants, funds for improvement may result in percent above the national average for using administrative data averaged over States that have worked diligently to negative error rates. According to this a calendar year.
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2. Name Change individuals who live on reservations. from that survey to calculate the PAI. It has come to FNS’ attention that Finally, one commenter suggested FNS However, since the survey was there is a lot of confusion between the not foreclose the possibility of Census relatively new, FNS was going to PAR and the official Participation Rate. providing data on the number of examine the data over time to determine FNS believes that part of the confusion individuals with income below 130 how well the PAI using ACS poverty is due to the similar names. In an percent of the poverty line in a timely counts correlated to the official FSP attempt to distinguish this performance fashion. This commenter suggested FNS participation rate. If this data were more bonus measure from the official craft the regulatory language so that FNS consistent, FNS would use it instead of participation rate, FNS is changing the reserves the right to substitute the the CPS. number of people below 130 percent for FNS received several comments on term Participant Access Rate (PAR) to the number below 125 percent of this proposal. One commenter agreed the Program Access Index (PAI). poverty if the data is available in a that FNS should evaluate data from the Normally, ‘‘rate’’ is used to measure timely manner. Comments related to ACS because of its larger sample size. how often something occurs (food stamp ineligible aliens and undocumented One commenter suggested that FNS use participation) among all the times it immigrants will be discussed later in whichever data source best correlates could occur (food stamp eligibles). By the preamble. FNS analyses show that a with the full Census. One commenter changing this to an ‘‘index’’ FNS denominator using persons with income argued that neither data source was believes it will be clearer that it is below 125 percent of poverty with appropriate because they are both based relating a pair of numbers that are certain adjustments produces a rate that on samples that do not accurately reflect similar but do not have the same best correlates to the official State the true extent of poverty, particularly properties of a rate. Not all food stamp participation rates. However, FNS does in small jurisdictions subject to small participants have low-income as defined not want to preclude using 130 percent sample sizes. One commenter urged in the denominator of the index, nor are of poverty if that information should FNS to use the ACS because it is a year- all persons in the denominator eligible become available in time to calculate by-year supplement to the Decennial to participate. the PAI. FNS agrees that the final Census and is, therefore, more up-to- 3. Poverty Threshold regulation should allow certain date, and because of its larger sample flexibility in improving the PAI size. Section 275.24(b)(3)(iii) proposed to calculation because of new and better FNS agrees that the national survey use 125 percent of poverty in data. Therefore, FNS is amending the based on a sample is problematic for calculating the PAI. This threshold proposed language to provide that FNS smaller jurisdictions. However, FNS differs from what FNS used for fiscal reserves the right to use the number of knows of no other more reliable source years 2003 and 2004 (100 percent of people below 130 percent of poverty of data available in a timely manner that poverty). However, our analysis showed should the data be available in a timely could be used to calculate a measure of that using 125 percent of poverty better manner. Any such substitution would participation access that is comparable correlates to the official FSP apply to all States. across all States and time. The CPS is participation rates. The official FSP One commenter expressed concern made up of a scientifically selected participation rate uses 130 percent of that the Census Bureau poverty counts sample designed to represent the income in the denominator. FNS looked appeared to be inaccurate for FY 2002 civilian non-institutional population. at using 130 percent of poverty in the because, in one particular State While it does not pull a sample from PAI but found that the data is not identified by the commenter, the every county in the country, it does readily available from the Census poverty count increased more than the statistically represent State populations. Bureau and it would require time and State population, and because As it is planned, the ACS will have a additional expense to obtain the unemployment did not increase by as much larger sample size than the CPS tabulations. In addition, FNS analyses much in that State during that time when fully implemented. FNS does not found that using 130 percent in the PAI period. FNS contends that in addition to want to preclude using the ACS, denominator versus 125 percent made population growth, there are several especially if, when it becomes no impact in the correlation to the other factors that can affect the poverty nationally representative, it proves to be official participation rates. As a result, count. Poverty can increase faster than a better source of data for calculating the FNS decided for efficiency and validity unemployment if wage rates are not PAI. Therefore, this final regulation that using 125 percent of poverty in the increasing or more workers are provides that FNS will use the CPS, but PAI denominator was acceptable. FNS employed only part-time. The Census reserves the right to use new and better proposed in the preamble that, if the Bureau and FNS recognize the problems data should it become available. Agency could receive the estimate of small entities have with uncertainty in 5. Determining the Number of individuals with income below 130 the poverty estimates. However, FNS Participants percent of poverty from the Census knows of no specific problem in that Bureau within a reasonable timeframe particular State and, moreover, knows of Section 275.24(b)(3)(iii) proposed and the data better correlates to the no other more reliable data source. using State participation data, averaged official statistics, FNS would use Lacking better information or data, FNS over 12 months, to determine the numbers of people below 130 percent will continue to use Census Bureau data number of participants. One commenter rather than 125 percent of poverty. on the count of people in poverty in opposed using an average because it FNS received several comments on each State. flattens out the actual increase in this proposal. Two commenters participation, especially for States that supported using 130 percent of poverty, 4. American Community Survey versus are actively conducting outreach stating it is more accurate. One the Current Population Survey activities throughout the year. This commenter suggested we request a re- In the preamble to the proposed rule, commenter suggested using the end tabulation of data from Census. Two FNS stated that since the American results for the last month of the year commenters, while not opposed to using Community Survey (ACS) has a larger (December). However, using 125 percent or 130 percent, proposed sample and is released earlier than the participation in a single month like making adjustments for immigrants and CPS, FNS was considering using data December is an advantage only when
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caseloads are rising. When caseloads are those of the regular FSP. FNS will the formula without going through the decreasing, this would actually subtract only those disaster assistance public comment process. FNS agrees disadvantage some States. recipients who are new to the FSP—not with this commenter that the Using an average smoothes out this existing participants who are issued regulations should be as complete as effect. FNS chose average participation replacement benefits. These individuals possible and believes that the in the calendar year because the income were not participating in the FSP under regulations as written in this final rule data from the CPS, which is the basis for normal operations before the disaster. are complete. the count of persons with income below To the extent they apply and continue This same commenter suggested that 125 percent of poverty, is available to participate under normal program FNS specify that the PAI is the share of solely for a calendar year. rules in the following months, they are eligible individuals in food stamp The Census Bureau does not collect included in the count of participants. households who participate in the FSP. monthly income in a large enough FNS agrees with the comment that FNS would like to reiterate in the national survey to provide accurate some adjustment should be made for preamble that the PAI is the ratio of monthly counts of persons with FDPIR participants and SSI recipients in participants to persons with incomes incomes below 125 percent of poverty California, and that the adjustment below 125 percent of poverty, not by State. FNS is not adopting the approach should be consistent for both. eligible individuals. The official State commenter’s suggestion and instead Consistency could be achieved by participation rate is the ratio of will continue to use an average 12 either: (1) Adding the count of FDPIR participants to eligibles. FNS agrees and months of data based on a calendar year. and California SSI recipients to the regrets that there is a lot of confusion 6. Making Adjustments numerator of the PAI, or (2) subtracting over these two rates. Therefore, as the count of low-income FDPIR and discussed above, this measure will now Section 275.24(b)(3)(iii) proposed California SSI recipients from the be referred to as the Program Access that, to calculate the PAI, FNS would denominator. Because the number of Index. make adjustments for the SSI participants in FDPIR and California SSI population in California and the FDPIR recipients offers no information on the F. Application Processing Timeliness participants in States with reservations. effectiveness of State food stamp agency 1. Section 275.24(b)(4) FNS received several comments operations, FNS believes it is preferable concerning the proposed adjustments. to exclude FDPIR and California SSI Section 275.24(b)(4) proposed to Several commenters proposed that, to participants from the denominator of divide $6 million among the 6 States improve the accuracy of the PAI, FNS the PAI. with the highest percentage of timely- should make adjustments for all those FNS will make this adjustment by processed applications. One commenter who are ineligible (such as immigrants using prior-year information from the supported the proposal to measure or individuals who are not meeting the CPS to estimate the number of application-processing timeliness work requirements), or take into California SSI recipients with income because it is an essential component of consideration other State specific below 125 percent of poverty. Data customer service. situations that affect participation in the limitations prevent a similar estimate of 2. Section 275.24(b)(4)(i) FSP such as the economy or urban the number of FDPIR participants with versus rural populations. In addition, income below the 125 percent of Section 275.24(b)(4)(i) proposed these commenters pointed out that FNS poverty. Therefore, FNS will subtract collecting data on application- proposed to adjust differently for SSI the average monthly number of FDPIR processing timeliness through the QC recipients in California and individuals participants from the number of persons system. FNS initiated collection of data that received FDPIR. These commenters with income below 125 percent of as part of the QC reviews beginning argued that since both populations are poverty in each State. Although some with FY 2003 cases. Instructions for ineligible for the FSP they should be FDPIR participants with incomes above collecting this information are found in treated similarly. Several commenters 125 percent of poverty may qualify for the FNS 310 Handbook, The Food suggested alternative ways to calculate benefits, FNS believes that the number Stamp Program Quality Control Review the PAI, or that FNS seek a legislative will be relatively small. Handbook. In the preamble to the change that would allow it to award We received one comment on the data proposed rule, FNS specifically sought these bonuses later so it can use the used to remove SSI recipients in comment on this data collection official participation rate. California from the denominator. This instrument and its ability to collect the FNS has decided not to change the commenter suggested that since FNS is sought after information. FNS received method used to calculate the PAI or to using Census data to determine the two comments regarding the data adjust for such factors as ineligible number of eligibles in the State, FNS collection instrument. One commenter individuals not addressed in the should use Census figures to back out suggested we use different QC codes for proposed rule (immigrants or the SSI recipients from the the data collection instrument: 1. individuals who are not meeting the denominator. In fact, the methodology Timely; 2. Not timely—agency caused; work requirements), the economy, or proposed in the NPRM used Census 3. Not timely—client caused; 4. rural versus urban populations with one data from the CPS to remove from the Application filed outside of fiscal year; exception. State-reported participation denominator the SSI recipients with and, 5. Unable to determine timeliness includes people provided benefits under incomes below 125 percent of poverty of application processing. FNS special disaster conditions. FNS will in California. appreciates the merit of this comment. subtract from the number of participants However, FNS has determined that the state-reported number of people 7. Additional Comments there is no reason to change the codes who received food stamp disaster One commenter urged FNS to clarify since client-versus agency-caused assistance to better reflect on-going in the regulations how the PAI is delays is not relevant with regard to this administration of the regular FSP. calculated in order to ‘‘ensure full measure. Disaster assistance is approved in transparency’’ regarding distribution of One commenter opposed using QC limited circumstances and operates funds and to make it more difficult for data for this measurement saying it under special rules that differ from future Administrations to tinker with would result in inconsistent reporting.
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This commenter cautioned that since that as many applicants as possible be this measure will reward States that go the QC data collection instrument is served in a timely manner. Therefore, above and beyond to provide excellent new, States would be unfamiliar with it, while FNS sees merit in using customer service by providing needy and would, therefore, have many averaging, FNS believes that the individuals benefits in a timely fashion. questions and may not report the data timeliness rate as proposed is a more Two commenters agreed with the in the same way. This commenter accurate measure and is adopting it in exception that applications that are suggested FNS modify the Program this final rule. properly pended because the applicant Activity Statement (FNS–366) to capture failed to provide verification should not 4. Client-Caused Delays the data since States already have this count in the measure of overdue procedure in place. This commenter felt In the preamble of the NPRM, FNS applications. that specific revisions to the FNS–366 specifically sought comment on whether One commenter stated that States form would result in more consistency to exclude all client-caused delays from should not be held to a time frame of an since it is common to all States. FNS this measure and, if so, how to work application date for another program seriously considered using the FNS–366 that into the existing reporting and QC (such as TANF) when the client did not form, but wanted to have a mechanism framework. Two commenters opposed request food stamp benefits until a later for validating these numbers. QC the proposal to measure timeliness date, perhaps during the interview for provides that mechanism. Therefore, against the statutory standard of 30 days the other program. In this instance, the FNS will verify the QC application from the date of application. These commenter suggested that the date of processing data for any State that is in commenters suggested that we measure the interview should be the date the contention for a bonus. timeliness in accordance with the client requested food stamps. Existing regulations at 7 CFR 273.2(h)(2)(i), FSP policy is that if an individual 3. Section 275.24(b)(4)(ii) which provide procedures for when the applies for another program but does Section 275.24(b)(4)(ii) proposed that 30-day standard is not met (such as not apply for the FSP until sometime a timely processed application is one State and client-caused delays). later in the application process for the that provides an eligible applicant the Otherwise, a State following these other program, then the date of ‘‘opportunity to participate,’’ as defined regulatory procedures would be application is the date that the in 7 CFR 274.2, within thirty days for penalized for purposes of awarding the individual applies for the FSP and not normal processing or 7 days for performance bonus even though all the other program. expedited processing. New applications timeliness standards may have been 5. Expedited Time Frames that are processed outside of this complied with under Federal standard would be untimely for this regulations. Excluding client-caused Three commenters pointed out that measure, except for applications that are delays would also have a big impact on the proposed rule does not address properly pended in accordance with 7 States with large immigrant populations expedited time frames. One of these CFR 273.2(h)(1)(i)(C). Properly pended and multiple languages as client-caused commenters questioned whether the applications would not be counted for delays are considerably higher in such policy regarding 30-day processing, (as timely) nor against (as untimely) States than those without such which makes an exception for cases the States’ timeliness rate—they will be populations. As discussed in the State agency has pending due to excluded from this particular preamble to the NPRM, FNS recognizes incomplete verification, applied to calculation altogether. that the statutory time frame differs expedited service cases. This One commenter argued that the from the latitude afforded by the commenter suggested that this policy be measure as proposed does not fully regulations. However, FNS believes that extended to all situations in which the capture the issue of timeliness and its excellent customer service should be client fails to comply with requirements importance in the delivery of food measured by whether or not the necessary for agencies to meet the 7-day assistance. This commenter pointed out statutory time frame of 30-day timeframe. FNS contends that the that this measure treats States with processing is met as opposed to exception regarding failure to provide average processing times of 15 days the compliance with the regulations that verification should not apply in cases same as States with average processing allows for up to 60-day processing in that are entitled to expedited service. times of 25 days and, thus, treating some cases. Furthermore, FNS believes Verification requirements for expedited these States the same does not all States are faced with challenges of service cases are greatly reduced. The accurately reflect their performance serving applicants with one barrier or only information the State agency is with respect to timeliness. This another (e.g., language and culture). required to verify in such cases is the commenter suggested we incorporate Measuring application-processing identity of the head of the household. average processing time into the timeliness against a 30-day standard, The State agency is not required to measure to provide States with an therefore, rewards States that take the verify this information with paper incentive to do better than simply extra steps to overcome these documents, but may do so through a meeting the statutory deadlines. FNS challenges. collateral contact. State agencies are contends that average processing time Four commenters suggested excluding encouraged to verify all other can mask the effect of those States that all client-caused delays from the information prior to certification; process the bulk of their applications measurement, not just those client- however, they are permitted to postpone outside of the 30 days, but their average caused delays due to lack of verification in the interest of providing processing time is better than those verification. While FNS appreciates the food stamp benefits to destitute States that consistently process their merit of these comments, FNS believes individuals. Therefore, since the application within the 30 day standard. that a State has the ability and the probability of client-caused delays in For example State X processes 100 responsibility to influence clients’ expedited service cases due to failure to applications, 20 in 31 days and the rest performance throughout the application provide verification is minimal, FNS is in 10 days, for an average of 14.1 days. process, such as helping to obtain not adopting the commenters State Y processes 90 applications in 20 verification, or accurately and suggestion. days and 10 in 40 days, for and average adequately explaining the processing Two commenters recommended that of 22 days. FNS believes it is important time frames and deadline dates. Again, in cases of late determination for
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expedited service, the 7-day time period 7. Approvals List of Subjects be calculated from the date the agency 7 CFR Part 272 discovers a household is entitled to In the preamble of the NPRM, FNS expedited service and not the date of proposed that only approvals be Civil rights, Claims, Food stamps, application. FNS believes that it is included in the determination of Grant programs, Reporting and important to note that States are timeliness since this measure is focused recordkeeping requirements, required to pre-screen applications to on meeting the 30-day and 7-day Unemployment compensation, Wages. determine whether or not the applicant standards for providing eligible 7 CFR Part 275 is entitled to expedited service. While households the opportunity to all States face the challenge of participate. FNS received five comments Administration, Management accurately determining this need, those on this proposal. Two commenters evaluation reviews, Quality control that do an excellent job in this endeavor supported excluding denials from this reviews, Data analysis and evaluation, or take the extra step to determine if a measurement because an early denial is Corrective action, Responsibilities for reporting on program performance, client is in dire need of nutritional not an indicator of strong performance. Program performance. assistance should be rewarded Three commenters supported including I appropriately. denials in this measurement because it Accordingly, 7 CFR Parts 272 and 275 are amended as follows: is important to advise households of 6. Section 275.24(b)(4) I 1. The authority citation for Parts 272 Proposed § 275.24(b)(4) defined a denials as well as certification and it and 275 continues to read as follows: requires as much time. While FNS timely-processed application as one that Authority: 7 U.S.C. 2011–2036. provides an eligible applicant the believes it is important to notify a client ‘‘opportunity to participate,’’ as defined about denial of benefits in a timely PART 272—REQUIREMENTS FOR in 7 CFR 274.2, within 30 days or 7 days fashion, FNS agrees that an early denial PARTICIPATING STATE AGENCIES for expedited processing. One is not good if the applicant has not been commenter recommended that the provided sufficient time to provide the I 2. In § 272.1, add paragraph (g)(170) to ‘‘opportunity to participate’’ in the required documentation. FNS is not read as follows: Electronic Benefit Transfer (EBT) aware of problems with late denials, but § 272.1 General terms and conditions. environment be described. FNS also does not collect information on the recognizes that the ‘‘opportunity to timeliness of denials at this time. FNS (g) * * * (170) Amendment No. 396. The participate,’’ as defined in 7 CFR 274.2, will investigate the timeliness of denials provisions of amendment number 396 addresses systems that provide benefits with States and determine whether are effective April 8, 2005. in the form of food stamps or further data analysis and regular authorization documents as opposed collection of data might be warranted. PART 275—PERFORMANCE EBT. However, revising that definition However, denials will not be included is outside of the scope of this REPORTING SYSTEM in this measure. rulemaking. Nevertheless, FNS has I 3. A new § 275.24 is added to read as provided guidance delineating this term 8. Section 275.24(b)(4)(iii) follows: further, particularly in the EBT environment. Existing FSP policy Section 275.24(b)(4)(iii) proposed that § 275.24 High performance bonuses. regarding this performance measure is QC reviewers evaluate for timeliness (a) General rule. (1) FNS will award that the ‘‘opportunity to participate’’ only new applications in the State QC bonuses totaling $48 million for each consists of providing households with active sample that were filed on or after fiscal year to State agencies that show authorization documents (ATP cards), the beginning of the fiscal year because high or improved performance in coupons, or EBT cards and having they were filed within the performance accordance with the performance issuance facilities open and available for measurement year for which the measures under paragraph (b) of this households to obtain their benefits. bonuses are awarded. Two commenters section. State agencies must mail or have EBT opposed this provision. One commenter (2) FNS will award the bonuses no cards available for pick-up (and post expressed concern that the sample pool later than September 30th of the fiscal benefits to the EBT account and provide would be too small to yield valid year following the performance all the training and PIN numbers) in program data. This commenter measurement year. time to assure that the recipient can suggested that the sample be expanded (3) A State agency is not eligible for access his benefits before the 30-day to all active cases sampled during the a bonus payment in any fiscal year for which it has a liability amount standard or 7-day standard expires. fiscal year. One commenter pointed out established as a result of an excessive Furthermore, in an EBT system, the that this method excludes clients who client has the opportunity to participate: payment error rate in the same year. If apply in August and September whose • 24 hours after the client is notified a State is disqualified from receiving a eligibility is not determined until by phone or in person to come into the bonus payment under this paragraph office to pick up his card (assuming October or later. This might bias (a)(3), and the State is not tied for a benefits are posted to the account, and timeliness determinations for states that bonus, the State with the next best the client has his PIN number or will be experience increases in applications in performance will be awarded a bonus provided his PIN number when he the late summer. FNS has been payment. comes in to get his card); or, monitoring the sample size based on the (4) The determination whether, and in • Three days after he has been proposed policy and contends that it is what amount, to award a performance notified by mail to come in and pick up large enough to be statistically valid. In bonus payment is not subject to his card (assuming benefits are posted to addition, FNS believes that it is administrative or judicial review. his account, and the client has his PIN important to measure a State agency’s (5) In determining the amount of the number or will be provided his PIN performance within a fiscal year and, award, FNS will first award a base number when he comes in to get his therefore, will retain the provision as amount of $100,000 to each State agency card). proposed. that is an identified winner in each
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category. Subsequently, FNS will divide year as determined in accordance with fashion and prove more accurate. Such the remaining money among the States this part. a substitution would apply to all States. in each category (see paragraph (b) of (ii) Most improved negative error rate. (4) Application processing timeliness. this section) in proportion to the size of FNS will provide bonuses to the 2 States FNS will divide $6 million among the their caseloads (the average number of with the largest percentage point 6 States with the highest percentage of households per month for the fiscal year decrease in their negative error rates, timely processed applications. for which performance is measured). based on the comparison of the (i) Data. FNS will use quality control (6) A State cannot be awarded two performance measurement year’s data to determine each State’s rate of bonuses in the same category; the validated quality control negative error application processing timeliness. relevant categories are payment rates with those of the previous fiscal (ii) Timely processed applications. A accuracy (which is outlined in year, as determined in accordance with timely processed application is one that paragraph (b)(1) of this section), this part. A State agency is not eligible provides an eligible applicant the negative error rate (which is outlined in for a bonus under this criterion if the ‘‘opportunity to participate’’ as defined paragraph (b)(2) of this section), or State’s negative error rate for the fiscal in § 274.2 of this chapter, within thirty program access index (which is outlined year is more than 50 percent above the days for normal processing or 7 days for in paragraph (b)(3) of this section). If a national average. expedited processing. New applications State is determined to be among the best (3) Program access index (PAI). FNS that are processed outside of this and the most improved in a category, it will divide $12 million among the 8 standard are untimely for this measure, will be awarded a bonus only for being States with the highest and the most except for applications that are properly the best. The next State in the best improved level of participation as pended in accordance with § 273.2(h)(2) category will be awarded a bonus as specified in paragraphs (b)(3)(i) through of this chapter because verification is being among the best States. (b)(3)(iii) of this section. The PAI is the incomplete and the State agency has (7) Where there is a tie to the fourth ratio of participants to persons with taken all the actions described in decimal point for the categories outlined incomes below 125 percent of poverty, § 273.2(h)(1)(i)(C) of this chapter. Such in paragraphs (b)(1) through (b)(4) of as calculated in accordance with applications will not be included in this this section, FNS will add the additional paragraph (b)(3)(iii) of this section (the measure. Applications that are denied State(s) into the category and the money PAI was formerly known as the will not be included in this measure. (iii) Evaluation of applications. Only will be divided among all the States in participant access rate (PAR)). applications that were filed on or after accordance with paragraph (a)(5) of this (i) High program access index. FNS the beginning of the performance section. will provide bonuses to the 4 States (b) Performance measures. FNS will measurement (fiscal) year will be with the highest PAI as determined in measure performance by and base evaluated under this measure. accordance with paragraph (b)(3)(iii) of awards on the following categories of this section. Dated: January 31, 2005. performance measures: Eric M. Bost, (1) Payment accuracy. FNS will (ii) Most improved program access divide $24 million among the 10 States index. FNS will provide bonuses to the Under Secretary, Food, Nutrition and Consumer Services. with the lowest and the most improved 4 States with the most improved PAI as combined payment error rates as determined in accordance with [FR Doc. 05–2260 Filed 2–4–05; 8:45 am] specified in paragraphs (b)(1)(i) and paragraph (b)(3)(iii) of this section. BILLING CODE 3410–30–P (b)(1)(ii) of this section. (iii) Data. For the number of (i) Excellence in payment accuracy. participants (numerator), FNS will use DEPARTMENT OF AGRICULTURE FNS will provide bonuses to the 7 States the administrative annual counts of participants minus new participants with the lowest combined payment Agricultural Marketing Service error rates based on the validated certified under special disaster program rules by State averaged over the quality control payment error rates for 7 CFR Part 932 the performance measurement year as calendar year. For the number of people determined in accordance with this below 125 percent of poverty [Docket No. FV04–932–2 FR] (denominator), FNS will use the Census part. Olives Grown in California; (ii) Most improved in payment Bureau’s March Supplement to the Redistricting and Reapportionment of accuracy. FNS will provide bonuses to Current Population Survey’s (CPS) Producer Membership on the the 3 States with the largest percentage count of people below 125 percent of California Olive Committee point decrease in their combined poverty for the same calendar year. FNS payment error rates based on the will reduce the count in each State AGENCY: Agricultural Marketing Service, comparison of the validated quality where a Food Distribution Program on USDA. control payment error rates for the Indian Reservations (FDPIR) program is ACTION: Final rule. performance measurement year and the operated by the administrative counts of previous fiscal year, as determined in the number of individuals who SUMMARY: This rule redefines the accordance with this part. participate in this program averaged producer districts and reapportions each (2) Negative error rate. FNS will over the calendar year. FNS will reduce district’s membership on the California divide $6 million among the 6 States the count in California by the Census Olive Committee (committee). The with the lowest and the most improved Bureau’s percentage of people below Federal marketing order for California negative error rates as specified in 125% of poverty in California who olives (order) regulates the handling of paragraphs (b)(2)(i) and (b)(2)(ii) of this received Supplemental Security Income canned ripe olives grown in California section. in the previous year. FNS reserves the and is administered locally by the (i) Lowest negative error rate. FNS right to use data from the American committee. This rule reduces the will provide bonuses to the 4 States Community Survey (ACS) in lieu of the number of producer districts in the with the lowest negative error rates CPS, and to use the count of people production area from four to two and based on the validated quality control below 130 percent of poverty, should reapportions the committee negative error rates for the performance these data become available in a timely representation from each district to
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reflect the consolidation. These changes a hearing on the petition. After the reapportionment of the producer reflect recent shifts in olive acreage and hearing USDA would rule on the membership on the committee to reflect producer numbers within the petition. The Act provides that the the consolidation of the districts. The production area and should provide district court of the United States in any committee believes that redistricting equitable committee representation from district in which the handler is an and reapportioning the eight producer each district. inhabitant, or has his or her principal member positions and alternates should EFFECTIVE DATE: February 8, 2005. place of business, has jurisdiction to provide equitable representation FOR FURTHER INFORMATION CONTACT: review USDA’s ruling on the petition, throughout the production area. The Laurel L. May, Marketing Specialist, provided an action is filed not later than committee based this recommendation California Marketing Field Office, 20 days after the date of the entry of the on the current olive acreage and number Marketing Order Administration ruling. of producers as required under the Branch, Fruit and Vegetable Programs, This final rule consolidates the four marketing order. AMS, USDA, 2202 Monterey Street, existing producer districts into two Total canned ripe olive acreage in the Suite 102B, Fresno, California 93721; larger districts. Producer representation production area has declined by Telephone: (559) 487–5901; Fax: (559) on the committee is reapportioned approximately four percent since 1994. 487–5906; or George Kelhart, Technical accordingly. These changes reflect Although production acreage in District Advisor, Marketing Order recent shifts in olive acreage and 1 has increased by approximately 21 Administration Branch, Fruit and producer numbers within the percent, shifts in varietal preference and production area and should assure challenging production conditions have Vegetable Programs, AMS, USDA, 1400 equitable committee representation from led to declining acreages in the other Independence Avenue SW., STOP 0237, each district. This action was districts. Production acreages in Washington, DC 20250–0237; unanimously recommended by the Districts 2, 3, and 4 have declined by Telephone: (202) 720–2491; Fax: (202) committee at a meeting on July 8, 2004. approximately 34 percent, 99 percent, 720–8938. Section 932.21 of the order defines Small businesses may request and 1 percent, respectively. the producer districts as geographical The number of producers in the entire information on complying with this areas of the State of California. Section production area has declined by regulation by contacting Jay Guerber, 932.25 establishes an administrative approximately 23 percent since 1994. Marketing Order Administration committee of olive handlers and Some of the decline has been caused by Branch, Fruit and Vegetable Programs, producers and provides for the changes in ownership of productive AMS, USDA, 1400 Independence allocation of committee membership to acreage, and some producers have Avenue SW., STOP 0237, Washington, assure equitable producer stopped growing olives for cannery use. DC 20250–0237; Telephone (202) 720– representation from the districts. While District 1 has lost only two 2491, Fax: (202) 720–8938, or E-mail: Section 932.35(k) authorizes the percent of its producers since 1994, [email protected]. redefinition of the producer districts Districts 2, 3, and 4 have lost 49 percent, SUPPLEMENTARY INFORMATION: This final and the reapportionment of committee 89 percent, and 29 percent, respectively. rule is issued under Marketing membership as needed to reflect shifts Some districts no longer have enough Agreement No. 148 and Order No. 932, in olive acreage within the districts and available or eligible producers to fill all both as amended (7 CFR part 932), area, numbers of growers in the the member seats currently allocated regulating the handling of olives grown districts, and the tonnage produced to them on the committee. in California, hereinafter referred to as assure equitable producer Revisions to both the district the ‘‘order.’’ The order is effective under representation on the committee. definitions and committee membership the Agricultural Marketing Agreement Currently, § 932.121 of the order’s apportionment were last made in 1987. Act of 1937, as amended (7 U.S.C. 601– administrative rules and regulations At that time District 4 was created 674), hereinafter referred to as the lists and defines four producer districts because Tulare County represented ‘‘Act.’’ within the production area. District 1 more than 45 percent of the average The Department of Agriculture includes Glenn, Tehama and Shasta production, number of producers, and (USDA) is issuing this rule in Counties. District 2 includes the acreage of the entire production area. conformance with Executive Order counties of Mono, Mariposa, Merced, District 4 now represents approximately 12866. San Benito, Monterey, and all counties 56 percent of the canned ripe olive This final rule has been reviewed south thereof excluding Tulare County. acreage as well as approximately 51 under Executive Order 12988, Civil District 3 includes the counties of percent of the producers in the Justice Reform. This rule is not intended Alpine, Tuolumne, Stanislaus, Santa production area. District 4 is to have retroactive effect. This rule will Clara, Santa Cruz, and all counties north represented by 50 percent of the not preempt any State or local laws, thereof except those in District 1. producer members and alternates on the regulations, or policies, unless they District 4 includes Tulare County. committee. present an irreconcilable conflict with Section 932.125 specifies the Other districts are less equitably this rule. producer representation on the represented. District 1 currently has 36 The Act provides that administrative committee. Currently, District 1 is percent of the total acreage in the proceedings must be exhausted before represented by two producer members production area and 46 percent of the parties may file suit in court. Under on the committee. District 2 is producers, but is represented by only 25 section 608c(15)(A) of the Act, any represented by one producer member. percent of the committee’s producer handler subject to an order may file District 3 is represented by one members and alternates. District 2, with with USDA a petition stating that the producer member. District 4 is nine percent of the acreage and two order, any provision of the order, or any represented by four producer members. percent of the producers is represented obligation imposed in connection with At its meeting on July 8, 2004, the by 12.5 percent of the committee the order is not in accordance with law committee recommended redefining the members. District 3, with less than 1 and request a modification of the order producer districts to consolidate the percent of both the total acreage and or to be exempted therefrom. Such four existing districts into two. The number of producers is likewise handler is afforded the opportunity for committee also recommended represented by 12.5 percent of the
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committee’s producer members and Marketing orders issued pursuant to the reviewed to reduce information alternates. Act, and the rules issued thereunder, are requirements and duplication by Recent shifts in production acreage as unique in that they are brought about industry and public sector agencies. well as the decline in producer numbers through group action of essentially As noted in the initial regulatory in the districts prompted the committee small entities acting on their own flexibility analysis, USDA has not to recommend the consolidation of the behalf. Thus, both statutes have small identified any relevant Federal rules two northern districts into one producer entity orientation and compatibility. that duplicate, overlap, or conflict with district, and the two southern districts There are approximately 850 this rule. into one producer district. The shifts in producers of olives in the production In addition, the committee’s meeting production acreage and the declines in area and 3 handlers subject to regulation was widely publicized throughout the producer numbers reflect similar under the marketing order. The Small California olive industry and all changes in the tonnage produced. Business Administration (13 CFR interested persons were invited to The committee believes that it should 121.601) defines small agricultural attend the meeting and participate in be easier for each district to provide producers as those with annual receipts committee deliberations on all issues. equitable representation on the less than $750,000, and small Like all committee meetings, the July 8, committee if the districts with declining agricultural service firms as those with 2004, meeting was a public meeting and acreages and producer numbers are annual receipts less than $5,000,000. all entities, both large and small, were combined with districts having higher Based upon information from the able to express views on this issue. acreages and producer numbers. The committee, the majority of olive A proposed rule concerning this pool of available producers from which producers may be classified as small action was published in the Federal to select committee members should entities, but only one of the three Register on October 28, 2004 (69 FR then be increased for each producer handlers may be classified as a small 62829). Copies of the rule were mailed district. entity. or sent via facsimile to all committee Accordingly, it was proposed that This rule revises § 932.121 of the members and olive handlers. Finally, Districts 1 and 3 be combined to form order’s administrative rules and the rule was made available through the a new District 1. District 1 will then regulations pertaining to producer Internet by USDA and the Office of the include the counties of Alpine, districts, and § 932.125 pertaining to Federal Register. A 60-day comment Tuolumne, Stanislaus, Santa Clara, producer representation on the period ending December 27, 2004, was Santa Cruz and all other counties north committee. The changes decrease the provided to allow interested persons to thereof. Districts 2 and 4 will be number of producer districts from four respond to the proposal. combined to form a new District 2, to two and reapportion producer Two comments were received during which will include the counties of membership on the committee to reflect the comment period in response to the Mono, Mariposa, Merced, San Benito, the consolidation. District 1, comprising proposal. One comment generally Monterey and all other counties south the northern part of the production area, opposed the program while the second thereof. Producer representation on the is apportioned three producer members indicated that the olive committee committee will then be reapportioned to (and alternates) on the committee. should be disbanded. However, neither provide three members (and alternates) District 2, comprising the southern part comment added anything specific to the from District 1 and five members (and of the production area, is apportioned proposed rule. Accordingly, no changes alternates) from District 2. five producer members (and alternates) will be made to the rule as proposed, These changes should benefit on the committee. These changes reflect based on the comments received. producers by maintaining an equitable recent shifts in olive acreage and A small business guide on complying representation on the committee as to producer numbers within the with fruit, vegetable, and specialty crop production acreage and number of production area and should provide marketing agreements and orders may producers in each district. Under this equitable committee representation from be viewed at: http://www.ams.usda.gov/ final rule, District 1, with 36 percent of each district. The committee fv/moab.html. Any questions about the the total production acreage and 47 unanimously recommended these compliance guide should be sent to Jay percent of the total number of producers changes. Guerber at the previously mentioned will be represented by 38 percent of the This rule consolidates producer address in the FOR FURTHER INFORMATION producer members and alternates on the districts and reallocates producer CONTACT section. committee. District 2, with 64 percent of membership on the committee; thus, After consideration of all relevant the total acreage and 53 percent of the there should be no additional matter presented, including the total number of producers will be anticipated costs to handlers or information submitted by the committee represented by 62 percent of the producers. and other available information, the committee’s producer members and The only alternative to these changes comments received, it is hereby found alternates. discussed by the committee was to leave that this rule, as hereinafter set forth, the districts and producer membership will tend to effectuate the declared Final Regulatory Flexibility Analysis allocation as they currently exist. policy of the Act. Pursuant to requirements set forth in However, the committee believes that It is further found that good cause the Regulatory Flexibility Act (RFA), the the recent shifts in acreage and producer exists for not postponing the effective Agricultural Marketing Service (AMS) numbers within the districts and date of this rule until 30 days after has considered the economic impact of production area have made these publication in the Federal Register this rule on small entities. Accordingly, changes necessary to assure equitable because nominations for committee AMS has prepared this final regulatory producer representation from the positions are scheduled to take place in flexibility analysis. districts. February 2005. The committee needs as The purpose of the RFA is to fit This final rule imposes no additional much time as possible to make adequate regulatory actions to the scale of reporting or recordkeeping requirements preparations for the nomination business subject to such actions to on California olive handlers. As with all meetings. Further, producers and ensure that small businesses will not be Federal marketing order programs, handlers are aware of this rule, which unduly or disproportionately burdened. reports, and forms are periodically was recommended at a public meeting.
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Also, a 60-day comment period was DEPARTMENT OF AGRICULTURE DC 20250–0237; Telephone: (202) 720– provided for in the proposed rule, and 2491, Fax: (202) 720–8938, or E-mail: no comments were received from the Agricultural Marketing Service [email protected]. California olive industry. SUPPLEMENTARY INFORMATION: This final 7 CFR Part 989 List of Subjects in 7 CFR Part 932 rule is issued under Marketing [Docket No. FV05–989–1 FR] Agreement and Order No. 989 (7 CFR Marketing agreements, Olives, part 989), both as amended, regulating Reporting and recordkeeping Raisins Produced From Grapes Grown the handling of raisins produced from requirements. in California; Increased Assessment grapes grown in California, hereinafter Rate referred to as the ‘‘order.’’ The order is I For the reasons set forth in the effective under the Agricultural AGENCY: Agricultural Marketing Service, preamble, 7 CFR part 932 is amended as Marketing Agreement Act of 1937, as USDA. follows: amended (7 U.S.C. 601–674), hereinafter ACTION: Final rule. referred to as the ‘‘Act.’’ PART 932—OLIVES GROWN IN The Department of Agriculture SUMMARY: This rule increases the CALIFORNIA (USDA) is issuing this rule in assessment rate established for the conformance with Executive Order I Raisin Administrative Committee 1. The authority citation for 7 CFR part 12866. (Committee) for the 2004–05 and 932 continues to read as follows: This rule has been reviewed under subsequent crop years from $8.00 to Executive Order 12988, Civil Justice Authority: 7 U.S.C. 601–674. $11.00 per ton of free tonnage raisins Reform. Under the marketing order now acquired by handlers, and reserve I 2. Section 932.121 is revised to read as in effect, California raisin handlers are tonnage raisins released or sold to follows: subject to assessments. Funds to handlers for use in free tonnage outlets. administer the order are derived from The Committee locally administers the § 932.121 Producer districts. such assessments. It is intended that the Federal marketing order which regulates assessment rate increased herein will be Pursuant to the authority in the handling of raisins produced from applicable to all assessable raisins § 932.35(k), commencing with the term grapes grown in California (order). beginning on August 1, 2004, and of office beginning June 1, 2005, district Authorization to assess raisin handlers continue until amended, suspended, or means any of the following geographical enables the Committee to incur terminated. This rule will not preempt areas of the State of California: expenses that are reasonable and any State or local laws, regulations, or necessary to administer the program. (a) District 1 shall include the policies, unless they present an The crop year runs from August 1 counties of Alpine, Tuolumne, irreconcilable conflict with this rule. Stanislaus, Santa Clara, Santa Cruz, and through July 31. The 2004–05 crop is The Act provides that administrative all counties north thereof. smaller than normal, and no volume proceedings must be exhausted before regulation will be implemented this parties may file suit in court. Under (b) District 2 shall include the year. As a result, some expenses funded counties of Mono, Mariposa, Merced, section 608c(15)(A) of the Act, any by handler assessments will increase. handler subject to an order may file San Benito, Monterey and all counties The $8.00 per ton assessment rate will south thereof. with USDA a petition stating that the not generate enough revenue to cover order, any provision of the order, or any I 3. Section 932.125 is revised to read as expenses. The $11.00 per ton obligation imposed in connection with follows: assessment will remain in effect the order is not in accordance with law indefinitely unless modified, and request a modification of the order § 932.125 Producer representation on the suspended, or terminated. or to be exempted therefrom. Such committee. EFFECTIVE DATE: February 8, 2005. handler is afforded the opportunity for Pursuant to the authority in §§ 932.25 FOR FURTHER INFORMATION CONTACT: a hearing on the petition. After the and 932.35(k), commencing with the Martin Engeler, Assistant Regional hearing USDA would rule on the term of office beginning June 1, 2005, Manager, California Marketing Field petition. The Act provides that the representation shall be apportioned as Office, Marketing Order Administration district court of the United States in any follows: Branch, Fruit and Vegetable Programs, district in which the handler is an AMS, USDA, 2202 Monterey Street, inhabitant, or has his or her principal (a) District 1 shall be represented by Suite 102B, Fresno, California 93721; place of business, has jurisdiction to three producer members and alternates. Telephone: (559) 487–5901; Fax: (559) review USDA’s ruling on the petition, (b) District 2 shall be represented by 487–5906; or George Kelhart, Technical provided an action is filed not later than five producer members and alternates. Advisor, Marketing Order 20 days after the date of the entry of the Dated: February 1, 2005. Administration Branch, Fruit and ruling. Vegetable Programs, AMS, USDA, 1400 This final rule increases the Kenneth C. Clayton, Independence Avenue, SW., STOP assessment rate established under the Acting Administrator, Agricultural Marketing 0237, Washington, DC 20250–0237; order for the 2004–05 and subsequent Service. Telephone: (202) 720–2491; Fax: (202) crop years from $8.00 to $11.00 per ton [FR Doc. 05–2216 Filed 2–4–05; 8:45 am] 720–8938. of free tonnage raisins acquired by BILLING CODE 3410–02–P Small businesses may request handlers, and reserve tonnage raisins information on complying with this released or sold to handlers for use in regulation by contacting Jay Guerber, free tonnage outlets. Authorization to Marketing Order Administration assess raisin handlers enables the Branch, Fruit and Vegetable Programs, Committee to incur expenses that are AMS, USDA, 1400 Independence reasonable and necessary to administer Avenue, SW., STOP 0237, Washington, the program. The 2004–05 crop is
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smaller than normal, and no volume assumption that volume regulation total compliance activity costs budgeted regulation will be implemented this would be implemented. Under this at $500,000 ($250,000 allocated to the year. As a result, some expenses funded scenario, the Committee recommended reserve budget and $250,000 allocated by handler assessments will increase. an administrative budget of expenses to the administrative budget) were The $8.00 per ton assessment rate will totaling $2,200,000 and a reserve pool reduced to $320,000, to be funded from not generate enough revenue to cover budget of $2,839,225. The assessment the administrative budget. Purchase of expenses. This action was rate would remain unchanged at $8.00 equipment was also reduced, from a recommended by the Committee at a per ton. This assessment rate applied to combined amount of $50,000, to meeting on October 5, 2004. estimated acquisitions of raisins by $25,000 funded from the administrative Sections 989.79 and 989.80, handlers of 275,000 tons would provide budget. respectively, of the order provide adequate revenue to fund the Other costs usually split between the authority for the Committee, with the administrative budget. reserve pool and administrative budgets approval of USDA, to formulate an The second budget scenario that will be funded by the annual budget of expenses and collect recommended was based on the premise administrative budget include general assessments from handlers to administer that volume regulation would not be overhead costs such as salaries, taxes, the program. The members of the implemented for the 2004–05 season. retirement and other benefits, insurance, Committee are producers and handlers Under this scenario, various expenses rent, office supplies, and Committee of California raisins. They are familiar typically split between the reserve pool travel. These costs remain the same with the Committee’s needs and with budget and the administrative budget regardless of whether there is a reserve the costs of goods and services in their would be funded by the administrative pool, as they are necessary to continue local area and are thus in a position to budget. In addition, some expense administration of the program. Finally, formulate an appropriate budget and categories would be eliminated, some $836,000 in costs associated with assessment rate. The assessment rate is reduced, and another would be administering export programs will be formulated and discussed in a public allocated to the existing 2003–04 reserve funded by the existing 2003–04 reserve meeting. Thus, all directly affected pool budget. The administrative budget pool budget, and $536,000 will be persons have an opportunity to would increase to $3,025,000, thus funded under the administrative budget participate and provide input. necessitating an increase in the for 2004–05. Section 989.79 also provides authority assessment rate to $11.00 per ton. A direct comparison of expenses for the Committee to formulate an The Committee met on October 5, between the recommended 2004–05 annual budget of expenses likely to be 2004, and determined that no volume budget and the 2003–04 budget is incurred during the crop year in regulation for the 2004–05 crop year difficult because the 2004–05 budget is connection with reserve raisins held for was warranted because of a short crop. the account of the Committee. A certain The crop estimate for Natural (sun- only administrative, whereas in 2003– percentage of each year’s raisin crop dried) Seedless raisins, the major raisin 04 there was an administrative and a may be held in a reserve pool during variety produced, was 199,344 tons. If reserve pool budget. In total, the 2004– years when volume regulation is realized, this would be the smallest crop 05 recommended administrative budget implemented to help stabilize raisin in over 20 years. Production of other of $3,025,000 compares to the 2003–04 supplies and prices. The remaining varietal types was also estimated to be administrative budget of $2,000,000. ‘‘free’’ percentage may be sold by relatively low. The lack of volume However, the $3,025,000 administrative handlers to any market. Reserve raisins regulation triggered implementation of budget is $1,609,800 less than the are disposed of through various the Committee’s recommendation for an combined 2003–04 administrative and programs authorized under the order. administrative budget of $3,025,000 and reserve pool budgets of $4,634,800. Reserve pool expenses are deducted an increased assessment rate from $8.00 Major expense categories include from proceeds obtained from the sale of per ton to $11.00 per ton. $1,000,000 for salaries, $536,000 for reserve raisins. Net proceeds are In developing this budget, the export program activities returned to the pool’s equity holders, Committee reviewed and identified (administrative budget only), $320,000 primarily producers. those expenses that were considered for compliance activities, $150,000 for When volume regulation is in effect, reasonable and necessary to continue group health insurance, $110,000 for an administrative budget funded by operation of the raisin marketing order rent, $120,000 for Committee member handler assessments is developed, and a program. Several costs normally and staff travel, and $110,000 for reserve pool budget funded by the associated with administering a reserve computer software and programming. current year’s reserve pool is developed. pool were eliminated, such as insurance A continuous assessment rate of $8.00 Committee costs are apportioned coverage ($400,000), costs for repairing per ton has been in effect since the between the two revenue sources. When reserve storage bins ($300,000), raisin 2002–03 crop year. For the 2004–05 volume regulation is not implemented, hauling costs ($65,000), auditing fees crop year, the Committee recommended the Committee develops an ($20,000), and bank charges ($20,000). increasing the assessment rate to $11.00 administrative budget funded solely Other costs usually split between the per ton of assessable raisins to cover from handler assessments. administrative and reserve pool budgets recommended administrative When the Committee met on August were also to be eliminated, such as expenditures of $3,025,000. The 12, 2004, it recommended two budget production of industry brochures recommended $11.00 per ton scenarios for the 2004–2005 crop year to ($20,000) and research and assessment rate was derived by dividing accommodate both situations, because it communication activities ($70,000). It the $3,025,000 in anticipated expenses was not known at that time if volume was determined that these activities, by an estimated 275,000 tons of regulation would be implemented. At while desirable, could be eliminated assessable raisins. Sufficient income that time, it appeared the crop may be without adversely impacting Committee should be generated at the higher short, but the initial crop estimate operations. assessment rate for the Committee to would not be available until a later date. Other expenses traditionally split meet its anticipated expenses. Pursuant The first budget scenario between the reserve and administrative to § 989.81(a) of the order, any recommended was premised on the budgets were reduced. For example, unexpended assessment funds from the
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crop year must be credited or refunded handlers, and a majority of producers, of $110,000 for computer software and to the handlers from whom collected. California raisins may be classified as programming, ($107,800). The assessment rate established in small entities. With anticipated assessable tonnage at this rule will continue in effect This rule increases the assessment 275,000 tons, sufficient income should indefinitely unless modified, rate established for the Committee and be generated at the $11.00 per ton suspended, or terminated by USDA collected from handlers for the 2004–05 assessment rate to meet expenses. upon recommendation and other and subsequent crop years from $8.00 to Pursuant to § 989.81(a) of the order, any information submitted by the $11.00 per ton of assessable raisins unexpended assessment funds from the Committee or other available acquired by handlers. The 2004–05 crop crop year must be credited or refunded information. is estimated to be smaller than normal, to the handlers from whom collected. Although this assessment rate will be and as a result, the Committee The industry considered an in effect for an indefinite period, the determined that volume regulation for alternative assessment rate and budget Committee will continue to meet prior the season was not warranted. prior to arriving at the $11.00 per ton to or during each crop year to When volume regulation is in effect, and $3,025,000 administrative budget recommend a budget of expenses and the Committee establishes two budgets; recommendation. The Committee’s consider recommendations for one for administrative expenses funded Audit Subcommittee met on July 1, modification of the assessment rate. The by handler assessments, and one for 2004, to review preliminary budget dates and times of Committee meetings expenses incurred in connection with a information. The subcommittee was are available from the Committee or reserve pool. Many of the Committee aware that the 2004–05 crop may be USDA. Committee meetings are open to costs are split between the reserve pool short and no volume regulation may be the public and interested persons may budget and the administrative budget. implemented. The subcommittee thus express their views at these meetings. When no volume regulation is in developed two budgets and assessment USDA will evaluate Committee effect during a crop year, there is no rates to accommodate a scenario with recommendations and other available reserve pool budget for that crop year. volume regulation and another scenario information to determine whether However, the Committee continues to with no volume regulation. If volume modification of the assessment rate is incur fixed costs associated with regulation was to be implemented, the needed. Further rulemaking will be administering the marketing order assessment rate would remain at $8.00 undertaken as necessary. The program. Therefore, the Committee per ton. If volume regulation was not Committee’s 2004–05 budget and those reviewed and identified the expenses implemented, costs typically allocated for subsequent crop years will be that would be reasonable and necessary to a reserve pool budget would be reviewed and, as appropriate, approved to continue program operations without absorbed by the administrative budget, by USDA. a reserve pool in effect during the 2004– thus necessitating an increased 05 crop year. Operating expenses assessment rate to $11.00 per ton. The Final Regulatory Flexibility Analysis typically split between the Committee approved these budget and Pursuant to requirements set forth in administrative and reserve pool budgets assessment recommendations on August the Regulatory Flexibility Act (RFA), the were allocated to the administrative 12, 2004. Agricultural Marketing Service (AMS) budget, some expenses were reduced, The Committee met again on October has considered the economic impact of some expenses were eliminated, and 5, 2004, and determined that volume this action on small entities. some export program activity expenses regulation was not warranted for the Accordingly, AMS has prepared this were allocated to the existing 2003–04 season. This triggered implementation final regulatory flexibility analysis. reserve pool budget. of the Committee’s recommendation for The purpose of the RFA is to fit The resulting administrative budget an administrative budget of $3,025,000 regulatory actions to the scale of recommended includes expenses and assessment rate of $11.00 per ton. business subject to such actions in order totaling $3,025,000 for the 2004–05 crop A review of statistical data on the that small businesses will not be unduly year. While this is an increase from the California raisin industry indicates that or disproportionately burdened. 2003–04 administrative budget of assessment revenue has consistently Marketing orders issued pursuant to the $2,000,000, it represents a decrease in been less than one percent of grower Act, and rules issued thereunder, are the 2003–04 combined administrative revenue in recent years. A grower price unique in that they are brought about and reserve pool budgets which totaled of a minimum of $1,210 per ton for the through group action of essentially $4,634,800. 2004–05 crop raisins has been small entities acting on their own Because the 2004–05 administrative announced by the Raisin Bargaining behalf. Thus, both statutes have small budget funded some of the costs Association. If this price is realized, entity orientation and compatibility. typically allocated to a reserve budget, assessment revenue will continue to be There are approximately 20 handlers a direct comparison to 2003–04 less than one percent of grower revenue of California raisins who are subject to administrative costs would be difficult. in the 2004–05 crop year, even with the regulation under the order and A comparison of 2004–05 recommended increased assessment rate. approximately 4,500 raisin producers in administrative expenditures to Regarding the impact of this action on the regulated area. Small agricultural combined 2003–04 administrative and affected entities, this action will firms are defined by the Small Business reserve pool budget expenditures increase the assessment obligation Administration (13 CFR 121.201) as therefore follows: 2004–05 salaries, imposed on handlers. While those having annual receipts of less that $1,000,000 (2003–04 combined assessments impose some additional $5,000,000, and small agricultural budgeted expenditures for salaries was costs on handlers, the costs are minimal producers are defined as those having $1,000,000); $456,000 for export and uniform on all handlers. Some of annual receipts of less than $750,000. program activities, ($1,246,000); the additional costs may be passed on Thirteen of the 20 handlers subject to $320,000 for compliance activities, to producers. However, these costs will regulation have annual sales estimated ($320,000); $150,000 for group health be offset by the benefits derived by the to be at least $5,000,000, and the insurance, ($165,000); $110,000 for rent, operation of the marketing order. remaining 7 handlers have sales less ($106,000); $120,000 for Committee Additionally, the Audit than $5,000,000. No more than 7 member and staff travel, ($120,000); and Subcommittee and full Committee
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meetings held on July 1, 2004, and was recommended at a public meeting. residential mortgage lending practices. August 12, 2004, respectively, where Also, a 10-day comment period was They also describe other terms and this action was deliberated were public provided for in the proposed rule, and practices that may be conducive to meetings widely publicized throughout no comments from the California raisin predatory, abusive, unfair, or deceptive the California raisin industry. All industry were received. lending practices, depending on the interested persons were invited to circumstances, and which, accordingly, attend the meetings and participate in List of Subjects in 7 CFR Part 989 warrant a heightened degree of care by the industry’s deliberations. Grapes, Marketing agreements, lenders. In addition, the Guidelines This final rule imposes no additional Raisins, Reporting and recordkeeping address the steps that banks should take reporting or recordkeeping requirements requirements. to mitigate risks associated with their on either small or large raisin handlers. I For the reasons set forth in the purchase of residential mortgage loans As with all Federal marketing order preamble, 7 CFR part 989 is amended as and use of mortgage brokers to originate programs, reports and forms are follows: loans. The Guidelines focus on the periodically reviewed to reduce substance of activities and practices, not information requirements and PART 989—RAISINS PRODUCED on the creation of policies. The duplication by industry and public FROM GRAPES GROWN IN standards contained in the Guidelines sector agencies. Finally, USDA has not CALIFORNIA are enforceable pursuant to section 39 of identified any relevant Federal rules the Federal Deposit Insurance Act and that duplicate, overlap, or conflict with I 1. The authority citation for 7 CFR part the implementing process set forth in this rule. 989 continues to read as follows: part 30 of the OCC’s regulations. A proposed rule concerning this Authority: 7 U.S.C. 601–674. EFFECTIVE DATE: April 8, 2005. action was published in the Federal I 2. Section 989.347 is revised to read as FOR FURTHER INFORMATION CONTACT: For Register on December 10, 2004 (69 FR follows: questions concerning the Guidelines, 71753). Copies of the proposed rule contact Michael Bylsma, Director, § 989.347 Assessment rate. were also mailed or sent via facsimile to Community and Consumer Law all raisin handlers. Finally, the On and after August 1, 2004, an Division, (202) 874–5750, Michele proposed rule was made available assessment rate of $11.00 per ton is Meyer, Special Counsel, Legislative & through the Internet by USDA and the established for assessable raisins Regulatory Activities Division, (202) Office of the Federal Register. A 10-day produced from grapes grown in 874–5090, or Rick Freer, National Bank comment period ending December 20, California. Examiner, Compliance, (202) 874–4428, 2004, was provided to allow interested Dated: February 1, 2005. 250 E Street, SW., Washington, DC persons to respond to the proposal. 20219. One comment was received in Kenneth C. Clayton, reference to the proposal. The comment Acting Administrator, Agricultural Marketing SUPPLEMENTARY INFORMATION: Service. did not address anything specific to the Background proposed rule. No changes are made to [FR Doc. 05–2217 Filed 2–4–05; 8:45 am] the final rule in response to the BILLING CODE 3410–02–P National banks are authorized by comment. statute to engage in real estate lending A small business guide on complying activities, subject to the requirements of 1 with fruit, vegetable, and specialty crop DEPARTMENT OF THE TREASURY Federal law, and national banks’ real marketing agreements and orders may estate lending is closely supervised and be viewed at: http://www.ams.usda.gov/ Office of the Comptroller of the comprehensively regulated under a fv/moab.html. Any questions about the Currency regulatory framework that includes a compliance guide should be sent to Jay wide variety of Federal laws and Guerber at the previously mentioned 12 CFR Part 30 regulations designed to ensure the protection of consumers of banks’ address in the FOR FURTHER INFORMATION [Docket No. 05–02] CONTACT residential mortgage products and section. 2 After consideration of all relevant RIN 1557–AC93 services. material presented, including the Fair treatment of customers is OCC Guidelines Establishing recommendation and information fundamental to sound banking practices Standards for Residential Mortgage submitted by the Committee and other Lending Practices 1 12 U.S.C. 371(a); and see 12 CFR part 34 (OCC available information, the comment rules governing real estate lending and appraisals received, it is hereby found that this AGENCY: Office of the Comptroller of the implementing 12 U.S.C. 1828(o)). rule, as hereinafter set forth, will tend Currency, Treasury. 2 Federal consumer protection laws and to effectuate the declared policy of the regulations that apply with respect to the ACTION: Appendix to regulations; final residential real estate lending activities of national Act. guidelines. banks and their operating subsidiaries include: the It is further found that good cause Federal Trade Commission Act, 15 U.S.C. 41 et seq.; exists for not postponing the effective SUMMARY: The Office of the Comptroller the Truth in Lending Act, 15 U.S.C. 1601 et seq.; date of this rule until 30 days after of the Currency (OCC) is issuing, as an the Home Ownership and Equity Protection Act, 15 U.S.C. 1639 et seq.; the Fair Housing Act, 42 U.S.C. publication in the Federal Register (5 appendix to part 30 of its regulations, 3601 et seq.; the Equal Credit Opportunity Act, 15 U.S.C. 553) because the marketing order guidelines concerning the residential U.S.C. 1691 et seq.; the Real Estate Settlement requires that the rate of assessment for mortgage lending practices of national Procedures Act, 12 U.S.C. 1261 et seq.; the Flood each crop year apply to assessable banks and their operating subsidiaries Disaster Protection Act, 42 U.S.C. 4001 et seq.; the Home Mortgage Disclosure Act, 12 U.S.C. 2801 et raisins handled during such period. The (Guidelines) as a further step to protect seq.; the Fair Credit Reporting Act, 15 U.S.C. 1681 crop year began on August 1, 2004, and against national bank involvement in et seq., as recently amended by the Fair and the harvest is completed. The predatory, abusive, unfair, or deceptive Accurate Credit Transactions Act of 2003, Pub. L. Committee needs additional revenues to residential mortgage lending practices. 108–159, 111 Stat. 1952; the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq.; and the meet its ongoing expenses. Further, The Guidelines describe particular privacy provisions of Title V of the Gramm-Leach- handlers are aware of this rule, which practices inconsistent with sound Bliley Act, 15 U.S.C. 6801 et seq.
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and the OCC has taken a number of supervisory guidance that provides standards, and the bank’s self-corrective measures in recent years to assure that supplemental context and explanation and remedial responses. the lending practices of national banks of the issues addressed in these The Guidelines incorporate key reflect that standard. In particular, in Guidelines. Like the advisories, the provisions of the February, 2003 February, 2003, we issued two advisory Guidelines apply to national banks and, advisory letters and describe certain letters alerting national banks to pursuant to OCC regulations, to their practices the OCC believes are practices that may be considered operating subsidiaries.6 The Guidelines inconsistent with sound residential predatory or abusive and advising focus on the substance of activities and mortgage lending practices. They also national banks on measures to avoid practices, not on the creation of policies. describe other terms and practices that such practices. The advisories The Guidelines are enforceable pursuant may be conducive to predatory, abusive, addressed national banks’ mortgage to the process provided in Section 39 of unfair, or deceptive lending, and which, origination activity, as well as purchases the Federal Deposit Insurance Act accordingly, warrant a heightened of loans and use of third-party brokers (FDIA) and part 30. degree of care by lenders. The to conduct mortgage lending.3 In Guidelines thus incorporate the central Enforcement of the Guidelines January, 2004, we added to our rules an principles and considerations contained express prohibition on making mortgage The OCC is issuing these Guidelines in the February, 2003 advisories into a loans based predominantly on the pursuant to Section 39 of the FDIA.7 framework that specifically provides for bank’s realization of foreclosure or Section 39 authorizes the OCC to their enforcement on a case-by-case liquidation value of the collateral, prescribe safety and soundness basis under the framework provided by without regard to the borrower’s ability standards in the form either of a Section 39 and part 30 of our to repay the loan according to its terms, regulation or guidelines. These regulations. a prohibition that goes to the heart of standards currently include, among The enforcement remedies prescribed predatory lending. In that same others, operational and managerial by Section 39 are implemented in rulemaking, we also added provisions standards for insured depository procedural rules contained in part 30 of prohibiting banks from engaging in institutions that relate to internal the OCC’s rules. Under these provisions, unfair or deceptive practices within the controls, information systems, and audit the OCC may initiate the part 30 process meaning of section 5 of the Federal systems; loan documentation; credit when we determine, by examination or Trade Commission Act, 15 U.S.C. 45.4 underwriting; interest rate exposure; otherwise, that a national bank has In addition to establishing standards by and asset growth. Section 39 also failed to meet the standards set forth in regulation and in guidance, our overall provides, without qualification, that the Guidelines.9 Upon making that approach includes taking prompt ‘‘each appropriate Federal banking determination, we may request, through enforcement action to remedy abusive agency’’ may prescribe ‘‘such other a supervisory letter or in a report of practices if we find that they have operational and managerial standards’’ examination, that the national bank occurred.5 as it ‘‘determines to be appropriate.’’ submit a compliance plan to the OCC In order to enhance our ability to Section 39 prescribes different detailing the steps the bank will take to apply the guidance described in our consequences depending on whether correct the deficiencies and the time February, 2003 advisory letters, we are the standards it authorizes are issued by within which it will take those steps. now adopting the core elements of that regulation or guidelines. Pursuant to This request is termed a Notice of guidance in the form of guidelines for Section 39, if a national bank fails to Deficiency. Upon receiving a Notice of residential mortgage lending standards, meet a standard prescribed by Deficiency from the OCC, the national in a new Appendix C to part 30 of our regulation, the OCC must require it to bank must submit a compliance plan to regulations. These standards further the submit a plan specifying the steps it will the OCC for approval within 30 days. OCC’s goal of ensuring that national take to comply with the standard. If a If a national bank fails to submit an banks and their operating subsidiaries national bank fails to meet a standard acceptable compliance plan, or fails are not involved directly or indirectly prescribed by guideline, the OCC has materially to comply with a compliance through loans that they purchase or the discretion to decide whether to plan approved by the OCC, the OCC make through intermediaries, in require the submission of such a plan.8 may issue a Notice of Intent to Issue an predatory or abusive residential Issuing these residential mortgage Order pursuant to Section 39 (Notice of mortgage lending practices. The lending practices standards by guideline Intent). The bank then has 14 days to Guidelines incorporate and implement rather than regulation provides the OCC respond to the Notice of Intent. After the principles of, but do not replace, the with the flexibility to pursue the course considering the bank’s response, the February, 2003 advisory letters. The of action that is most appropriate, taking OCC may issue the order, decide not to advisories remain in effect as into consideration the specific issue the order, or seek additional circumstances of a national bank’s information from the bank before 3 OCC Advisory Letter 2003–2, ‘‘Guidelines for noncompliance with one or more making a final decision. Alternatively, National Banks to Guard Against Predatory and the OCC may issue an order without Abusive Lending Practices’’ (Feb. 21, 2003) and 6 12 CFR 5.34(e) (operating subsidiaries may providing the bank with a Notice of OCC Advisory Letter 2003–3, ‘‘Avoiding Predatory conduct only those activities permissible for the Intent. In such a case, the bank may and Abusive Lending Practices in Brokered and parent national bank; operating subsidiaries’ Purchased Loans’’ (Feb. 21, 2003). authorized activities are subject to the same terms appeal after-the-fact to the OCC and the 4 69 FR at 1917 (to be codified at 12 CFR 34.3). and conditions as apply to the parent bank). OCC has 60 days to consider the appeal Through amendments to other provisions of our 7 12 U.S.C. 1831p–1. Section 39 was enacted as and render a final decision. When the rules, both the anti-predatory lending standard and part of the Federal Deposit Insurance Corporation OCC issues an order, a bank is deemed the prohibition against unfair or deceptive practices Improvement Act of 1991, Public Law 102–242, also apply to national banks’ non-real estate section 132(a), 105 Stat. 2236, 2267–70 (Dec. 19, to be in non-compliance with part 30. lending. A number of commenters on these 1991) (FDICIA). amendments lauded the content of the Advisory 8 See 12 U.S.C. 1831p–1(e)(1)(A)(i) and (ii). In 9 The procedures governing the determination Letters but questioned their enforceability. either case, however, the statute authorizes the and notification of failure to satisfy a standard 5 A listing of enforcement actions taken recently issuance of an order and the subsequent prescribed pursuant to Section 39, the filing and by the OCC is available on our Web site in the enforcement of that order in court, independent of review of compliance plans, and the issuance, if ‘‘Popular FOIA Requests’’ section at http:// any other enforcement action that may be available necessary, of orders appear in our regulations at 12 www.occ.treas.gov/foia/foiadocs.htm. in a particular case. CFR 30.3, 30.4, and 30.5, respectively.
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Orders are formal, public documents, Part II: Standards for Residential should exercise heightened diligence if and they may be enforced in district Mortgage Lending Practices they offer such loans to consumers who court or through the assessment of civil Part II of the Guidelines describes two are elderly, substantially indebted, not money penalties under 12 U.S.C. 1818. overarching objectives that should financially sophisticated, have language inform a bank’s residential mortgage barriers, have limited or poor credit Description of the OCC’s Residential histories, or have other characteristics Mortgage Lending Practices Guidelines lending activities. First, the bank must be able effectively to manage the various that limit their credit choices. In The Guidelines consist of three parts. risks—including credit, legal, addition, banks should apply Part I provides an introduction to the compliance, and reputation risks— heightened internal controls and Guidelines and explains their scope and associated with those activities. Second, monitoring with regard to this type of application. Part II sets forth general the bank must not become engaged in lending. standards for residential mortgage abusive, predatory, unfair, or deceptive Fourth, banks should provide timely, lending practices. Part III describes the practices, directly, indirectly through sufficient, and accurate information to implementation of those standards. We mortgage brokers or other consumers concerning the terms and the have also made technical conforming intermediaries, or through purchased relative costs, risks, and benefits of the amendments to the part 30 regulations loans. These objectives reflect loan. to add references to new Appendix C, expectations that are fundamental to Fifth, with respect to consumer which contains the Guidelines, where sound banking practices. Different residential mortgage loans that a bank appropriate. banks may achieve these objectives purchases, or makes through a mortgage using different methods, however, and broker or other intermediary, the bank’s Part I: Introduction the Guidelines expressly recognize that residential mortgage lending activities also should include appropriate Part I describes the purpose of the the practices a bank follows in its residential mortgage lending activities measures to mitigate risks. Part III Guidelines, which is to protect against provides a number of examples of such involvement by national banks and their need to be consistent with, and appropriate to, its size and complexity measures, including criteria for entering operating subsidiaries, either directly or into and continuing relationships with through loans that they purchase or and the nature and scope of those activities. intermediaries and originators, methods make through intermediaries, in through which the bank may retain predatory or abusive residential Part III: Implementation of Residential appropriate controls over mortgage mortgage lending practices that are Mortgage Lending Practices origination functions, and criteria and injurious to bank customers and that Part III describes standards for the procedures for the bank to take expose the bank to credit, compliance, implementation of the objectives appropriate corrective action if reputation, and other risks associated described in Part II. It comprises six necessary. with abusive lending practices. The components. First, Part III lists and Finally, Part III makes clear that a Guidelines apply to residential mortgage briefly describes specific lending bank’s responsibilities for maintaining lending by national banks, federal practices inconsistent with sound appropriate consumer residential branches and agencies of foreign banks, residential mortgage lending practices, mortgage lending practices are ongoing. and operating subsidiaries of such including practices known as equity For example, on a continuing basis, a entities, except for brokers, dealers, stripping, fee packing, and loan bank should monitor its compliance persons providing insurance, flipping, refinancing of a special with applicable law and its internal investment companies, and investment subsidized mortgage on terms adverse to lending standards, and monitor and advisers, all of which are functionally the consumer, and encouraging a evaluate its handling of customer regulated pursuant to various provisions borrower to breach a contract and complaints. The bank’s activities also of law. For purposes of the Guidelines, default on an existing loan in should include appropriate steps for a residential mortgage loan is any loan connection with a refinancing of that taking corrective action in response to or other extension of credit made to one loan. The features of these practices are failure to adhere to the requirements of or more individuals for personal, family, widely recognized as abusive and were the law or its internal lending standards, or household purposes and secured by addressed by the OCC in our February, and for making adjustments to the an owner-occupied, 1–4 family 2003 advisory letters. bank’s activities to enhance their residential dwelling, including a Second, Part III describes certain loan effectiveness or to reflect changes in cooperative unit or mobile home. terms, conditions and features—such as business practices, market conditions, The Guidelines are enforceable, financing single premium insurance, or the bank’s lines of business, pursuant to Section 39 of the FDIA and negative amortization and mandatory residential mortgage loan programs, or part 30 of our rules, as we have arbitration—that may, under particular customer base. described. However, as set forth in Part circumstances, be susceptible to Effective Date I, nothing in the Guidelines in any way abusive, predatory, unfair or deceptive limits the authority of the OCC to practices, yet may be acceptable and These Guidelines take effect April 8, address unsafe or unsound practices or may benefit customers under other 2005. The Administrative Procedure conditions, unfair or deceptive circumstances. Part III cautions banks to Act 10 (APA) requirements for notice practices, or other violations of law. exercise care when they offer loans and opportunity for comment do not Thus, for example, a bank’s failure to containing these terms, conditions, and apply to the Guidelines. The APA comply with the standards set forth in features, particularly in connection with excepts from its notice and comment these Guidelines also may be actionable subprime lending. requirements, among other types of under section 8 of the FDIA if the failure Third, banks that decide to offer loans issuances, ‘‘general statements of constitutes an unsafe or unsound with the types of features just described policy.’’ 11 General statements of policy practice, or under section 5 of the should take particular account of the Federal Trade Commission Act if it is an circumstances of the consumers to 10 5 U.S.C. 551 et seq. unfair or deceptive practice. whom the loans are offered. Banks 11 5 U.S.C. 553(b)(A).
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are ‘‘statements issued by an agency to rulemaking was not required for these B. Preservation of Existing Authority advise the public prospectively of the Guidelines. Accordingly, the OCC C. Relationship to Other Legal manner in which the agency proposes to concludes that the UMA does not Requirements 12 D. Definitions exercise a discretionary power.’’ require an unfunded mandates analysis II. Standards for Residential Mortgage Consistent with this definition, courts of the Guidelines. Lending Practices have found that an issuance is a general Moreover, the OCC believes that the A. General statement of policy if it applies Guidelines will not result in B. Objectives prospectively and ‘‘leaves the [agency] expenditures by State, local, and tribal III. Implementation of Residential Mortgage free to exercise [its] informed discretion governments, or by the private sector, of Lending Standards in the situations that arise.’’ 13 more than $100 million in any one year. A. Avoidance of Particular Loan Terms, Although these residential mortgage Accordingly, the OCC has not prepared Conditions, and Features B. Prudent Consideration of Certain Loan lending standards build on the a budgetary impact statement or Terms, Conditions and Features standards in our 2003 Advisory Letters, specifically addressed the regulatory C. Enhanced Care to Avoid Abusive Loan their placement within the enforcement alternatives considered. Terms, Conditions, and Features in framework established by Section 39 of List of Subjects in 12 CFR Part 30 Certain Mortgages the FDIA applies prospectively only. D. Avoidance of Consumer Moreover, we are issuing the Guidelines Banks, banking, Consumer protection, Misunderstanding in a form that, by the express terms of National banks, Privacy, Reporting and E. Purchased and Brokered Loans Section 39, preserves the OCC’s recordkeeping requirements. F. Monitoring and Corrective Action discretion to require a compliance plan, I For the reasons set forth in the I. Introduction and, thus, whether to initiate the part 30 preamble, part 30 of chapter I of title 12 i. These OCC Guidelines for process in any particular case. For these of the Code of Federal Regulations is Residential Mortgage Lending Practices reasons, we conclude that the amended as follows: (Guidelines) set forth standards Guidelines fall within the APA pursuant to Section 39 of the Federal exception for general statements of PART 30—SAFETY AND SOUNDNESS STANDARDS Deposit Insurance Act, 12 U.S.C. 1831p– policy and that notice and comment 1 (Section 39). The Guidelines are procedures are, accordingly, not I 1. The authority citation for part 30 is designed to protect against involvement required. revised to read as follows: by national banks and their operating Regulatory Flexibility Analysis Authority: 12 U.S.C. 93a, 371, 1818, 1831p, subsidiaries, either directly or through loans that they purchase or make The Regulatory Flexibility Act (RFA) 3102(b); 15 U.S.C. 1681S, 1681W, 6801, through intermediaries, in predatory or does not apply to a rule for which an 6805(b)(1). abusive residential mortgage lending agency is not required to publish a § 30.1 [Amended] practices that are injurious to bank notice of proposed rulemaking. 5 U.S.C. I 2. Section 30.1(a) is amended by customers and that expose the bank to 603. removing ‘‘appendices A and B’’ and credit, legal, compliance, reputation, Executive Order 12866 adding in its place ‘‘appendices A, B, and and other risks. The Guidelines focus on The OCC has determined that the C’’. the substance of activities and practices, not the creation of policies. The Guidelines are not a significant § 30.2 [Amended] regulatory action under Executive Order Guidelines are enforceable under I 3. In § 30.2, add a final sentence to read 12866. Section 39 in accordance with the as follows: ‘‘The OCC Guidelines procedures prescribed by the Unfunded Mandates Reform Act Establishing Standards for Residential regulations in 12 CFR part 30. Analysis Mortgage Lending Practices are set forth ii. As the OCC has previously The Unfunded Mandates Reform Act in appendix C to this part.’’ indicated in guidance to national banks and in rulemaking proceedings (OCC of 1995 (UMA), Public Law 104–4, § 30.3 [Amended] Advisory Letters 2003–2 and 2003–3 applies only when an agency is required I to promulgate a general notice of 4. Section 30.3(a) is amended by (Feb. 21, 2003)), many of the abusive proposed rulemaking or a final rule for removing ‘‘and the Interagency practices commonly associated with which a general notice of proposed Guidelines Establishing Standards for predatory mortgage lending, such as rulemaking was published. 2 U.S.C. Safeguarding Customer Information set loan flipping and equity stripping, will 1532. As noted earlier, the OCC has forth in appendix B to this part’’ and involve conduct that likely violates the determined that a notice of proposed adding in its place ‘‘the Interagency Federal Trade Commission Act’s (FTC Guidelines Establishing Standards for Act) prohibition against unfair or 12 U.S. Department of Justice, Attorney General’s Safeguarding Customer Information set deceptive acts or practices. 15 U.S.C. 45. Manual on the Administrative Procedure Act, at 30 forth in appendix B to this part, or the In addition, loans that involve n.3 (1947). OCC Guidelines Establishing Standards violations of the FTC Act, or mortgage 13 Guardian Federal Savings and Loan Ass’n v. for Residential Mortgage Lending loans based predominantly on the Federal Savings and Loan Insurance Corp., 589 Practices set forth in appendix C to this F.2d 658, 666–67 (D.C. Cir. 1978) (concluding that foreclosure or liquidation value of the an FSLIC bulletin that used ‘‘directive’’ language to part’’. borrower’s collateral without regard to specify the criteria necessary for a satisfactory audit I 5. A new Appendix C is added to part the borrower’s ability to repay the loan of a savings association was nonetheless a ‘‘general 30 to read as follows: according to its terms, will involve statement of policy’’ within the meaning of the APA violations of OCC regulations governing because it preserved the FSLIC’s discretion to Appendix C to Part 30—OCC real estate lending activities, 12 CFR accept a non-conforming audit report or to prescribe Guidelines Establishing Standards for additional requirements in a particular case). See 34.3 (Lending Rules). Residential Mortgage Lending Practices also Chen Zhon Chai v. Carroll, 48 F.3d 1331, 1341 iii. In addition, national banks and (4th Cir. 1995) (‘‘A rule is a general statement of Table of Contents policy if it does not establish a binding norm and their operating subsidiaries must leaves agency officials free to exercise their I. Introduction comply with the requirements and discretion.’’) A. Scope Guidelines affecting appraisals of
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residential mortgage loans and appraiser independently of, in conjunction with, directly or indirectly in residential independence. 12 CFR part 34, subpart or in addition to any other enforcement mortgage lending activities involving C, and the Interagency Appraisal and action available to the OCC. abusive, predatory, unfair or deceptive Evaluation Guidelines (OCC Advisory C. Relationship to Other Legal lending practices, including, but not Letter 2003–9 (October 28, 2003)). For Requirements. Actions by a bank in limited to: example, engaging in a practice of connection with residential mortgage 1. Equity Stripping and Fee Packing. influencing the independent judgment lending that are inconsistent with these Repeat refinancings where a borrower’s of an appraiser with respect to a Guidelines or Appendix A to this Part equity is depleted as a result of valuation of real estate that is to be 30 may also constitute unsafe or financing excessive fees for the loan or security for a residential mortgage loan unsound practices for purposes of ancillary products. would violate applicable standards. section 8 of the Federal Deposit 2. Loan Flipping. Repeat refinancings iv. Targeting inappropriate credit Insurance Act, 12 U.S.C. 1818, unfair or under circumstances where the relative products and unfair loan terms to deceptive practices for purposes of terms of the new and refinanced loan certain borrowers also may entail section 5 of the FTC Act, 15 U.S.C 45, and the cost of the new loan do not conduct that violates the FTC Act, as and the OCC Lending Rules, 12 CFR provide a tangible economic benefit to well as the Equal Credit Opportunity 34.3, or violations of the ECOA and the borrower. Act (ECOA) and the Fair Housing Act FHA. 3. Refinancing of Special Mortgages. (FHA). 15 U.S.C. 1691 et seq. 42 U.S.C. D. Definitions. Refinancing of a special subsidized 3601 et seq. For example, ‘‘steering’’ a 1. Except as modified in these mortgage that contains terms favorable consumer to a loan with higher costs Guidelines, or unless the context to the borrower with a loan that does rather than to a comparable loan offered otherwise requires, the terms used in not provide a tangible economic benefit by the bank with lower costs for which these Guidelines have the same to the borrower relative to the the consumer could qualify, on a meanings as set forth in sections 3 and refinanced loan. prohibited basis such as the borrower’s 39 of the Federal Deposit Insurance Act, 4. Encouragement of Default. race, national origin, age, gender, or 12 U.S.C. 1813 and 1831p–1. Encouraging a borrower to breach a marital status, would be unlawful. 2. For purposes of these Guidelines, contract and default on an existing loan v. OCC regulations also prohibit the following definitions apply: prior to and in connection with the national banks and their operating a. Residential mortgage loan means consummation of a loan that refinances subsidiaries from providing lump sum, any loan or other extension of credit all or part of the existing loan. single premium fees for debt made to one or more individuals for B. Prudent Consideration of Certain cancellation contracts and debt personal, family, or household purposes Loan Terms, Conditions and Features. suspension agreements in connection secured by an owner-occupied 1–4 Certain loan terms, conditions and with residential mortgage loans. 12 CFR family residential dwelling, including a 37.3(c)(2). Some lending practices and features, may, under particular cooperative unit or mobile home. circumstances, be susceptible to loan terms, including financing single b. Bank means any national bank, premium credit insurance and the use of abusive, predatory, unfair or deceptive federal branch or agency of a foreign practices, yet may be appropriate and mandatory arbitration clauses, also may bank, and any operating subsidiary significantly impair the eligibility of a acceptable risk mitigation measures, thereof that is subject to these consistent with safe and sound lending, residential mortgage loan for purchase Guidelines. in the secondary market. and benefit customers under other vi. Finally, OCC regulations and II. Standards for Residential Mortgage circumstances. A bank should prudently supervisory guidance on fiduciary Lending Practices consider the circumstances, including activities and asset management address A. General. A bank’s residential the characteristics of a targeted market the need for national banks to perform mortgage lending activities should and applicable consumer and safety and due diligence and exercise appropriate reflect standards and practices soundness safeguards, under which the control with regard to trustee activities. consistent with and appropriate to the bank will engage directly or indirectly See 12 CFR 9.6 (a) and Comptroller’s size and complexity of the bank and the in making residential mortgage loans Handbook on Asset Management. For nature and scope of its lending with the following loan terms, example, national banks should exercise activities. conditions and features: appropriate diligence to minimize B. Objectives. A bank’s residential 1. Financing single premium credit potential reputation risks when they mortgage lending activities should life, disability or unemployment undertake to act as trustees in mortgage reflect standards and practices that: insurance. securitizations. 1. Enable the bank to effectively 2. Negative amortization, involving a A. Scope. These Guidelines apply to manage the credit, legal, compliance, payment schedule in which regular the residential mortgage lending reputation, and other risks associated periodic payments cause the principal activities of national banks, federal with the bank’s consumer residential balance to increase. branches and agencies of foreign banks, mortgage lending activities. 3. Balloon payments in short-term and operating subsidiaries of such 2. Effectively prevent the bank from transactions. entities (except brokers, dealers, persons becoming engaged in abusive, 4. Prepayment penalties that are not providing insurance, investment predatory, unfair, or deceptive practices, limited to the early years of the loan, companies, and investment advisers). directly, indirectly through mortgage particularly in subprime loans. B. Preservation of Existing Authority. brokers or other intermediaries, or 5. Interest rate increases upon default Neither Section 39 nor these Guidelines through purchased loans. at a level not commensurate with risk in any way limits the authority of the mitigation. OCC to address unsafe or unsound III. Implementation of Residential 6. Call provisions permitting the bank practices or conditions, unfair or Mortgage Lending Standards to accelerate payment of the loan under deceptive practices, or other violations A. Avoidance of Particular Loan circumstances other than the borrower’s of law. The OCC may take action under Terms, Conditions, and Features. A default under the credit agreement or to Section 39 and these Guidelines bank should not become involved, mitigate the bank’s exposure to loss.
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7. Absence of an appropriate 1. Criteria for entering into and Dated: January 31, 2005. assessment and documentation of the continuing relationships with Julie L. Williams, consumer’s ability to repay the loan in intermediaries and originators, Acting Comptroller of the Currency. accordance with its terms, including due diligence requirements. [FR Doc. 05–2211 Filed 2–4–05; 8:45 am] commensurate with the type of loan, as 2. Underwriting and appraisal BILLING CODE 4810–33–P required by Appendix A of this part. requirements. 8. Mandatory arbitration clauses or 3. Standards related to total loan agreements, particularly if the eligibility DEPARTMENT OF TRANSPORTATION of the loan for purchase in the compensation and total compensation of secondary market is thereby impaired. intermediaries, including maximum Federal Aviation Administration 9. Pricing terms that result in the rates, points, and other charges, and the loan’s being subject to the provisions of use of overages and yield-spread 14 CFR Part 71 the Home Ownership and Equity premiums, structured to avoid Protection Act. 15 U.S.C. 1639 et seq. providing an incentive to originate loans [Docket No. FAA–2005–20060; Airspace Docket No. 05–ACE–2] 10. Original principal balance of the with predatory or abusive loan in excess of appraised value. characteristics. Modification of Class E Airspace; 11. Payment schedules that 4. Requirements for agreements with Rolla, MO consolidate more than two periodic intermediaries and originators, AGENCY: Federal Aviation payments and pay them in advance including with respect to risks Administration (FAA), DOT. from the loan proceeds. identified in the due diligence process, 12. Payments to home improvement compliance with appropriate bank ACTION: Direct final rule; request for contractors under a home improvement policies, procedures and practices and comments. contract from the proceeds of a with applicable law (including remedies SUMMARY: This action amends Title 14 residential mortgage loan other than by for failure to comply), protection of the Code of Federal Regulations, part 71 (14 an instrument payable to the consumer, bank against risk, and termination CFR 71) by revising Class E airspace at jointly to the consumer and the procedures. Rolla, MO. A review of controlled contractor, or through an independent airspace for Rolla Downtown Airport third party escrow agent. 5. Loan documentation procedures, revealed it does not comply with the C. Enhanced Care to Avoid Abusive management information systems, criteria for 700 feet above ground level Loan Terms, Conditions, and Features quality control reviews, and other (AGL) airspace required for diverse in Certain Mortgages. A bank may face methods through which the bank will departures. The area is modified and heightened risks when it solicits or verify compliance with agreements, enlarged to conform to the criteria in offers loans to consumers who are not bank policies, and applicable laws, and FAA Orders. financially sophisticated, have language otherwise retain appropriate oversight barriers, or are elderly, or have limited of mortgage origination functions, DATES: This direct final rule is effective or poor credit histories, are substantially including loan sourcing, underwriting, on 0901 UTC, May 12, 2005. Comments indebted, or have other characteristics and loan closings. for inclusion in the Rules Docket must be received on or before March 2, 2005. that limit their credit choices. In 6. Criteria and procedures for the ADDRESSES: connection with such consumers, a bank to take appropriate corrective Send comments on this bank should exercise enhanced care if it action, including modification of loan proposal to the Docket Management System, U.S. Department of employs the residential mortgage loan terms and termination of the Transportation, Room Plaza 401, 400 terms, conditions, and features relationship with the intermediary or Seventh Street, SW., Washington, DC described in paragraph B of this section originator in question. III, and should also apply appropriate 20590–0001. You must identify the heightened internal controls and F. Monitoring and Corrective Action. docket number FAA–2005–20060/ monitoring to any line of business that A bank’s consumer residential mortgage Airspace Docket No. 05–ACE–2, at the does so. lending activities should include beginning of your comments. You may D. Avoidance of Consumer appropriate monitoring of compliance also submit comments on the Internet at Misunderstanding. A bank’s residential with applicable law and the bank’s http://dms.dot.gov. You may review the mortgage lending activities should lending standards and practices, public docket containing the proposal, include provision of timely, sufficient, periodic monitoring and evaluation of any comments received, and any final and accurate information to a consumer the nature, quantity and resolution of disposition in person in the Dockets concerning the terms and costs, risks, customer complaints, and appropriate Office between 9 a.m. and 5 p.m., and benefits of the loan. Consumers evaluation of the effectiveness of the Monday through Friday, except Federal should be provided with information bank’s standards and practices in holidays. The Docket Office (telephone sufficient to draw their attention to accomplishing the objectives set forth in 1–800–647–5527) is on the plaza level these key terms. these Guidelines. The bank’s activities of the Department of Transportation E. Purchased and Brokered Loans. also should include appropriate steps NASSIF Building at the above address. With respect to consumer residential for taking corrective action in response FOR FURTHER INFORMATION CONTACT: mortgage loans that the bank purchases, to failures to comply with applicable Brenda Mumper, Air Traffic Division, or makes through a mortgage broker or law and the bank’s lending standards, Airspace Branch, ACE–520A, DOT other intermediary, the bank’s and for making adjustments to the Regional Headquarters Building, Federal residential mortgage lending activities bank’s activities as may be appropriate Aviation Administration, 901 Locust, should reflect standards and practices to enhance their effectiveness or to Kansas City, MO 64106; telephone: consistent with those applied by the reflect changes in business practices, (816) 329–2524. bank in its direct lending activities and market conditions, or the bank’s lines of SUPPLEMENTARY INFORMATION: This include appropriate measures to business, residential mortgage loan amendment to 14 CFR 71 modifies the mitigate risks, such as the following: programs, or customer base. Class E airspace area extending upward
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from 700 feet above the surface at Rolla, arguments, as they may desire. List of Subjects in 14 CFR Part 71 MO. An examination of controlled Comments that provide the factual basis Airspace, Incorporation by reference, airspace for Rolla Downtown Airport supporting the views and suggestions Navigation (air). revealed it does not meet the criteria for presented are particularly helpful in 700 feet AGL airspace required for developing reasoned regulatory Adoption of the Amendment diverse departures as specified in FAA decisions on the proposal. Comments I Accordingly, the Federal Aviation Order 7400.2E, Procedures for Handling are specifically invited on the overall Administration amends 14 CFR part 71 Airspace Matters. The criteria in FAA regulatory, aeronautical, economic, as follows: Order 7400.2E for an aircraft to reach environmental, and energy-related 1200 feet AGL, taking into consideration aspects of the proposal. PART 71—DESIGNATION OF CLASS A, rising terrain, is based on a standard Communications should identify both CLASS B, CLASS C, CLASS D, AND climb gradient of 200 feet per mile plus docket numbers and be submitted in CLASS E AIRSPACE AREAS; the distance from the airport reference triplicate to the address listed above. AIRWAYS; ROUTES; AND REPORTING point to the end of the outermost Commenters wishing the FAA to POINTS runway. Any fractional part of a mile is acknowledge receipt of their comments converted to the next higher tenth of a on this notice must submit with those I 1. The authority citation for part 71 mile. This amendment expands the comments a self-addressed, stamped continues to read as follows: airspace area from a 6-mile radius to a postcard on which the following Authority: 49 U.S.C. 106(g), 40103, 40113, 7.8-mile radius of Rolla Downtown statement is made: ‘‘Comments to 40120; E.O. 10854, 24 FR 9665, 3 CFR, 1959– Airport and brings the legal description Docket No. FAA–2005–20060/Airspace 1963 Comp., p. 389. of the Rolla, MO Class E airspace area Docket No. 05–ACE–2.’’ The postcard into compliance with FAA Order will be date/time stamped and returned § 71.1 [Amended] 7400.2E. This area will be depicted on to the commenter. I 2. The incorporation by reference in 14 appropriate aeronautical charts. Class E CFR 71.1 of Federal Aviation Agency Findings airspace areas extending upward from Administration Order 7400.9M, dated 700 feet or more above the surface of the The regulations adopted herein will August 30, 2004, and effective earth are published in paragraph 6005 of not have a substantial direct effect on September 16, 2004, is amended as FAA Order 7400.9M, Airspace the States, on the relationship between follows: Designations and Reporting Points, the national Government and the States, Paragraph 6005 Class E airspace areas dated August 30, 2004, and effective or on the distribution of power and September 16, 2004, which is extending upward from 700 feet or more responsibilities among the various above the surface of the earth. incorporated by reference in 14 CFR levels of government. Therefore, it is * * * * * 71.1. The Class E airspace designation determined that this final rule does not listed in this document will be have federalism implications under ACE MO E5 Rolla, MO published subsequently in the Order. Executive Order 13132. Rolla Downtown Airport, MO ° ′ ″ ° ′ ″ The Direct Final Rule Procedure The FAA has determined that this (Lat. 37 56 08 N., long. 91 48 49 W.) That airspace extending upward from 700 The FAA anticipates that this regulation only involves an established body of technical regulations for which feet above the surface within a 7.8-mile regulation will not result in adverse or radius of Rolla Downtown Airport. negative comment and, therefore, is frequent and routine amendments are * * * * * issuing it as a direct final rule. Previous necessary to keep them operationally actions of this nature have not been current. Therefore, this regulation—(1) Issued in Kansas City, MO, on January 20, controversial and have not resulted in is not a ‘‘significant regulatory action’’ 2005. adverse comments or objections. Unless under Executive Order 12866; (2) is not Anthony D. Roetzel, a written adverse or negative comment, a ‘‘significant rule’’ under DOT Acting Area Director, Western Flight Services or a written notice of intent to submit Regulatory Policies and Procedures (44 Operations. an adverse or negative comment is FR 11034; February 26, 1979); and (3) [FR Doc. 05–2232 Filed 2–4–05; 8:45 am] received within the comment period, does not warrant preparation of a BILLING CODE 4910–13–M the regulation will become effective on Regulatory Evaluation as the anticipated the date specified above. After the close impact is so minimal. Since this is a of the comment period, the FAA will routine matter that will only affect air DEPARTMENT OF TRANSPORTATION publish a document in the Federal traffic procedures and air navigation, it Register indicating that no adverse or is certified that this rule, when Federal Aviation Administration negative comments were received and promulgated, will not have a significant confirming the date on which the final economic impact on a substantial 14 CFR Part 71 rule will become effective. If the FAA number of small entities under the [Docket No. FAA–2004–18734; Airspace does receive, within the comment criteria of the Regulatory Flexibility Act. Docket No. 03–AAL–03] period, an adverse or negative comment, This rulemaking is promulgated RIN 2120–AA66 or written notice of intent to submit under the authority described in such a comment, a document Subtitle VII, Part A, Subpart I, Section Revision of Colored Federal Airway; withdrawing the direct final rule will be 40103. Under that section, the FAA is AK published in the Federal Register, and charged with prescribing regulations to a notice of proposed rulemaking may be assign the use of the airspace necessary AGENCY: Federal Aviation published with a new comment period. to ensure the safety of aircraft and the Administration (FAA), DOT. efficient use of airspace. This regulation ACTION: Final rule. Comments Invited is within the scope of that authority Interested parties are invited to since it contains aircraft executing SUMMARY: This action revises Colored participate in this rulemaking by instrument approach procedures to Federal Airway Green 16 (G–16), in submitting such written data, views, or Rolla Downtown Airport. Alaska. This action adds to the
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instrument flight rules (IFR) airway and keep them operationally current. Nuiqsut Village, AK, NDB; Put River, route structure in Alaska by extending Therefore, this proposed regulation: (1) AK, NDB; to Barter Island, AK, NDB. G–16 from Put River, AK, to Barter Is not a ‘‘significant regulatory action’’ * * * * * Island, AK. The FAA is taking this under Executive Order 12866; (2) is not Issued in Washington, DC, on January 27, action to enhance the safety and a ‘‘significant rule’’ under DOT 2005. management of aircraft operations in Regulatory Policies and Procedures (44 Edie Parish, Alaska. FR 11034; February 26, 1979); and (3) Acting Manager, Airspace and Rules. does not warrant preparation of a EFFECTIVE DATE: 0901 UTC, May 12, [FR Doc. 05–2228 Filed 2–4–05; 8:45 am] 2005. regulatory evaluation as the anticipated impact is so minimal. Since this is a BILLING CODE 4910–13–P FOR FURTHER INFORMATION CONTACT: Ken routine matter that will only affect air McElroy, Airspace and Rules, Office of traffic procedures and air navigation, it DEPARTMENT OF TRANSPORTATION System Operations and Safety, Federal is certified that this proposed rule, Aviation Administration, 800 when promulgated, will not have a Federal Aviation Administration Independence Avenue, SW., significant economic impact on a Washington, DC 20591; telephone: (202) substantial number of small entities 14 CFR Part 71 267–8783. under the criteria of the Regulatory SUPPLEMENTARY INFORMATION: Flexibility Act. [Docket No. FAA–2004–19422; Airspace Docket No. 03–AEA–11] History Environmental Review RIN 2120–AA66 On September 3, 2004, the FAA The FAA has determined that this published in the Federal Register a action qualifies for categorical exclusion Establishment of VOR Federal Airway notice proposing to establish G–16 (69 under the National Environmental V–623 FR 53860), a new IFR route in Alaska. Policy Act in accordance with This action would convert an uncharted Paragraph 311(a) of FAA Order 1050.1E, AGENCY: Federal Aviation non-regulatory part 95 route to a colored Policies and Procedures for Considering Administration (FAA), DOT. Federal airway. The route conversion Environmental Impacts. This airspace ACTION: Final rule. provides an airway structure to support action is not expected to cause any existing commercial services in Alaska. potentially significant impacts, and no SUMMARY: This action establishes Interested parties were invited to extraordinary circumstances exist that Federal Airway 623 (V–623) between participate in this rulemaking effort by warrant preparation of an the Sparta, NJ, Very High Frequency submitting written comments on the environmental assessment. Omnidirectional Range Tactical Air proposal. No comments were received. Navigation (VORTAC) and the Carmel, With the exception of editorial changes, List of Subjects in 14 CFR Part 71 NY, Very High Frequency this amendment is the same as that Airspace, Incorporation by reference, Omnidirectional Range/Distance proposed in the notice. Navigation (air). Measuring Equipment (VOR/DME). The The Rule FAA is taking this action to enhance the Adoption of the Amendment management of aircraft transiting from The FAA is amending Title 14 Code the New England area to airports in the I In consideration of the foregoing, the of Federal Regulations (14 CFR) part 71 Newark, NJ, area. (part 71) to extend G–16 from the Put Federal Aviation Administration proposes to amend 14 CFR part 71 as EFFECTIVE DATE: 0901 UTC, May 12, River, NDB, to the Barter Island, NDB in 2005. Alaska. This action adds to the IFR follows: airway and route structure in Alaska. FOR FURTHER INFORMATION CONTACT: Paul PART 71—DESIGNATION OF CLASS A, The FAA is taking this action to Gallant, Airspace and Rules, Office of B, C, D, AND E AIRSPACE AREAS; AIR enhance the safety and management of System Operations and Safety, Federal TRAFFIC SERVICE ROUTES; AND aircraft operations in Alaska. Adoption Aviation Administration, 800 REPORTING POINTS of this Federal airway: (1) Provides Independence Avenue, SW., pilots with minimum en route altitudes I 1. The authority citation for part 71 Washington, DC 20591; telephone: (202) and minimum obstruction clearance continues to read as follows: 267–8783. altitudes information; (2) establishes SUPPLEMENTARY INFORMATION: controlled airspace thus eliminating Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– History some of the commercial IFR operations 1963 Comp., p.389. in uncontrolled airspace; and (3) On November 23, 2004, the FAA improves the management of air traffic § 71.1 [Amended] published in the Federal Register a notice proposing to establish V–623 (69 operations and thereby enhance safety. I 2. The incorporation by reference in 14 Green Colored Federal Airways are FR 68105). Interested parties were CFR 71.1 of the FAA Order 7400.9M, published in paragraph 6009(a) of FAA invited to participate in this rulemaking Airspace Designations and Reporting Order 7400.9M dated August 30, 2004, proceeding by submitting written Points, dated August 30, 2004, and and effective September 16, 2004, which comments on this proposal to the FAA. effective September 16, 2004, is is incorporated by reference in 14 CFR No comments were received in response amended as follows: 71.1. The Green Colored Federal Airway to the proposal. listed in this document will be Paragraph 6009(a)—Green Federal The Rule published subsequently in the order. Airways The FAA has determined that this The FAA is amending Title 14 Code * * * * * proposed regulation only involves an of Federal Regulations (14 CFR) part 71 established body of technical G–16 [Revised] (part 71) by establishing V–623 in the regulations for which frequent and From Point Lay, AK, NDB; Wainwright vicinity of Newark, NJ, between the routine amendments are necessary to Village, AK, NDB; Browerville, AK, NDB; Sparta, NJ, VORTAC, and the Carmel,
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NY, VOR/DME. The FAA is taking this § 71.1 [Amended] or any portion of that route, as well as action to enhance the management of I 2. The incorporation by reference in 14 the changeover points (COPs) for aircraft transiting from the New England CFR 71.1 of FAA Order 7400.9M, Federal airways, jet routes, or direct area to airports in the Newark, NJ, area. Airspace Designations and Reporting routes as prescribed in part 95. VOR Federal Airways are published Points, dated August 30, 2004, and The Rule in paragraph 6010 of FAA Order effective September 16, 2004, is The specified IFR altitudes, when 7400.9M dated August 30, 2004 and amended as follows: used in conjunction with the prescribed effective September 16, 2004, which is Paragraph 6010(a) Domestic VOR Federal changeover points for those routes, incorporated by reference in 14 CFR Airways ensure navigation aid coverage that is 71.1. The VOR Federal Airway listed in V–623 [New] adequate for safe flight operations and this document will be published free of frequency interference. The subsequently in the order. From Carmel, NY; INT Carmel 263° and Sparta, NJ 028° radials; Sparta. reasons and circumstances that create The FAA has determined that this the need for this amendment involve regulation only involves an established Issued in Washington, DC on January 26, matters of flight safety and operational 2005. body of technical regulations for which efficiency in the National Airspace frequent and routine amendments are Edie Parish, System, are related to published necessary to keep them operationally Acting Manager, Airspace and Rules. aeronautical charts that are essential to current. Therefore, this regulation: (1) Is [FR Doc. 05–2229 Filed 2–4–05; 8:45 am] the user, and provide for the safe and not a ‘‘significant regulatory action’’ BILLING CODE 4910–13–P efficient use of the navigable airspace. under Executive Order 12866; (2) is not In addition, those various reasons or a ‘‘significant rule’’ under DOT circumstances require making this Regulatory Policies and Procedures (44 DEPARTMENT OF TRANSPORTATION amendment effective before the next FR 11034; February 26, 1979); and (3) scheduled charting and publication date Federal Aviation Administration does not warrant preparation of a of the flight information to assure its regulatory evaluation as the anticipated timely availability to the user. The 14 CFR Part 95 impact is so minimal. Since this is a effective date of this amendment reflects routine matter that will only affect air [Docket No. 30437; Amdt. No. 453] those considerations. In view of the traffic procedures and air navigation, it close and immediate relationship is certified that this rule, when IFR Altitudes; Miscellaneous between these regulatory changes and promulgated, will not have a significant Amendments safety in air commerce, I find that notice economic impact on a substantial AGENCY: Federal Aviation and public procedure before adopting number of small entities under the Administration (FAA), DOT. this amendment are impracticable and contrary to the public interest and that criteria of the Regulatory Flexibility Act. ACTION: Final rule. good cause exists for making the Environmental Review SUMMARY: This amendment adopts amendment effective in less than 30 The FAA has determined that this miscellaneous amendments to the days. action qualifies for categorical exclusion required IFR (instrument flight rules) Conclusion under the National Environmental altitudes and changeover points for The FAA has determined that this Policy Act in accordance with certain Federal airways, jet routes, or regulation only involves an established Paragraph 311(a) of FAA Order 1050.1E, direct routes for which a minimum or maximum en route authorized IFR body of technical regulations for which Policies and Procedures for Considering frequent and routine amendments are Environmental Impacts. This airspace altitude is prescribed. This regulatory action is needed because of changes necessary to keep them operationally action is not expected to cause any current. It, therefore—(1) is not a potentially significant impacts, and no occurring in the National Airspace System. These changes are designed to ‘‘significant regulatory action’’ under extraordinary circumstances exist that Executive Order 12866; (2) is not a warrant preparation of an provide for the safe and efficient use of the navigable airspace under instrument ‘‘significant rule’’ under DOT environmental assessment. Regulatory Policies and Procedures (44 conditions in the affected areas. List of Subjects in 14 CFR Part 71 FR 11034; February 26, 1979); and (3) EFFECTIVE DATE: 0901 UTC, March 17, does not warrant preparation of a Airspace, Incorporation by Reference, 2005. regulatory evaluation as the anticipated Navigation (air). FOR FURTHER INFORMATION CONTACT: impact is so minimal. For the same The Adoption of the Amendment Donald P. Pate, Flight Procedure reason, the FAA certifies that this Standards Branch (AMCAFS–420), amendment will not have a significant I In consideration of the foregoing, the Flight Technologies and Programs economic impact on a substantial Federal Aviation Administration Division, Flight Standards Service, number of small entities under the amends 14 CFR part 71 as follows: Federal Aviation Administration, Mike criteria of the Regulatory Flexibility Act. Monroney Aeronautical Center, 6500 List of Subjects in 14 CFR Part 95 PART 71—DESIGNATION OF CLASS A, South MacArthur Blvd., Oklahoma City, B, C, D, AND E AIRSPACE AREAS; AIR OK 73169 (Mail Address: P.O. Box Airspace, Navigation (air). TRAFFIC SERVICE ROUTES; AND 25082, Oklahoma City, OK 73125) Issued in Washington, DC, on January 31, REPORTING POINTS telephone: (405) 954–4164. 2005. SUPPLEMENTARY INFORMATION: This James J. Ballough, I 1. The authority citation for part 71 amendment to part 95 of the Federal Director, Flight Standards Service. continues to read as follows: Aviation Regulations (14 CFR part 95) Adoption of the Amendment Authority: 49 U.S.C. 106(g), 40103, 40113, amends, suspends, or revokes IFR 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– altitudes governing the operation of all I Accordingly, pursuant to the authority 1963 Comp., p. 389. aircraft in flight over a specified route delegated to me by the Administrator,
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part 95 of the Federal Aviation PART 95—[AMENDED] Authority: 49 U.S.C. 106(g), 40103, 40106, Regulations (14 CFR part 95) is amended 40113, 40114, 40120, 44502, 44514, 44719, as follows effective at 0901 UTC, January I 1. The authority citation for part 95 44721. 20, 2005. continues to read as follows: I 2. Part 95 is amended to read as follows:
REVISIONS TO IFR ALTITUDES AND CHANGEOVER POINTS [Amendment 453 effective date, March 17, 2005]
From To MEA
§ 95.6001 Victor Routes-U.S. § 95.6521 VOR Federal Airway V521 is Amended to Read in Part
Hevvn, FL FIX ...... *TERES, FL FIX ...... **7000 *7000—MCA TERES, FL FIX , E BND **1300—MOCA From To MEA MAA
§ 95.7001 Jet Routes § 95.7180 Jet Route J180 is added to read
Little Rock, AR VORTAC ...... Foristell, MO VORTAC ...... 18000 45000
§ 95.7181 Jet Route J181 is Amended to Read in Part
Neosho, MO VOR/DME ...... Hallsville, MO VORTAC ...... 18000 45000 Hallsville, MO VORTAC ...... Bradford, IL VORTAC ...... 18000 45000
§ 95.7187 Jet Route J187 is Added to Read
Memphis, TN VORTAC ...... Foristell, MO VORTAC ...... 18000 45000 Changeover Points From To Distance From
§ 95.8005 Jet Routes Changeover Points Airway Segment J181 is Amended to Modify Changeover Point
Neosho, MO VOR/DME ...... Hallsville, MO VORTAC ...... 45 Neosho
J187 is Amended to Modify Changeover Point
Memphis, TN VORTAC ...... Foristell, MO VORTAC ...... 96 Memphis
[FR Doc. 05–2230 Filed 2–4–05; 8:45 am] or revised criteria, or because of changes 1. FAA Rules Docket, FAA BILLING CODE 4910–13–P occurring in the National Airspace Headquarters Building, 800 System, such as the commissioning of Independence Avenue, SW., new navigational facilities, addition of Washington, DC 20591; DEPARTMENT OF TRANSPORTATION new obstacles, or changes in air traffic 2. The FAA Regional Office of the requirements. These changes are Federal Aviation Administration region in which the affected airport is designed to provide safe and efficient located; use of the navigable airspace and to 14 CFR Part 97 promote safe flight operations under 3. The Flight Inspection Area Office instrument flight rules at the affected which originated the SIAP; or, [Docket No. 30436; Amdt. No. 3115] airports. 4. The National Archives and Records Standard Instrument Approach DATES: This rule is effective February 7, Administration (NARA). For Procedures; Miscellaneous 2005. The compliance date for each information on the availability of this Amendments SIAP is specified in the amendatory material at NARA, call 202–741–6030, provisions. or go to: http://www.archives.gov/ AGENCY: Federal Aviation _ The incorporation by reference of federal register/ Administration (FAA), DOT. code_of_federal_regulations/ certain publications listed in the _ ACTION: Final rule. regulations is approved by the Director ibr locations.html. SUMMARY: This amendment establishes, of the Federal Register as of February 7, For Purchase—Individual SIAP amends, suspends, or revokes Standard 2005. copies may be obtained from: Instrument Approach Procedures ADDRESSES: Availability of matters 1. FAA Public Inquiry Center (APA– (SIAPs) for operations at certain incorporated by reference in the 200), FAA Headquarters Building, 800 airports. These regulatory actions are amendment is as follows: Independence Avenue, SW., needed because of the adoption of new For Examination— Washington, DC 20591; or
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2. The FAA Regional Office of the safety relating directly to published PART 97—STANDARD INSTRUMENT region in which the affected airport is aeronautical charts. The circumstances APPROACH PROCEDURES located. which created the need for some SIAP I 1. The authority citation for part 97 By Subscription—Copies of all SIAPs, amendments may require making them continues to read as follows: mailed once every 2 weeks, are for sale effective in less than 30 days. For the by the Superintendent of Documents, remaining SIAPs, an effective date at Authority: 49 U.S.C. 106(g), 40103, 40106, U.S. Government Printing Office, least 30 days after publication is 40113, 40114, 40120, 44502, 44514, 44701, Washington, DC 20402. 44719, 44721–44722. provided. I FOR FURTHER INFORMATION CONTACT: 2. Part 97 is amended to read as Further, the SIAPs contained in this Donald P. Pate, Flight Procedure follows: amendment are based on the criteria Standards Branch (AMCAFS–420), * * * Effective March 17, 2005 contained in the U.S. Standard for Flight Technologies and Programs Atlanta, GA, Cobb County-McCollum Field, Division, Flight Standards Service, Terminal Instrument Procedures (TERPS). In developing these SIAPs, the VOR/DME RWY 9, Amdt 1 Federal Aviation Administration, Mike Atlanta, GA, Cobb County-McCollum Field, Monroney Aeronautical Center, 6500 TERPS criteria were applied to the RNAV (GPS) RWY 9, Amdt 1 South MacArthur Blvd., Oklahoma City, conditions existing or anticipated at the Atlanta, GA, Cobb County-McCollum Field, OK 73169 (Mail Address: P.O. Box affected airports. Because of the close RNAV (GPS) RWY 27, Amdt 1 25082 Oklahoma City, OK 73125) and immediate relationship between Carrollton, GA, West Georgia Regional-O V telephone: (405) 954–4164. these SIAPs and safety in air commerce, Gray Field, RNAV (GPS) RWY 17, Orig I find that notice and public procedure Carrollton, GA, West Georgia Regional-O V SUPPLEMENTARY INFORMATION: This Gray Field, RNAV (GPS) RWY 35, Orig amendment to part 97 of the Federal before adopting these SIAPs are Cedar Rapids, IA, The Eastern Iowa, RNAV Aviation Regulations (14 CFR part 97) impracticable and contrary to the public (GPS) RWY 13, Amdt 1 establishes, amends, suspends, or interest and, where applicable, that Cedar Rapids, IA, The Eastern Iowa, RNAV revokes Standard Instrument Approach good cause exists for making some (GPS) RWY 31, Amdt 1 Procedures (SIAPs). The complete SIAPs effective in less than 30 days. New Orleans, LA, Louis Armstrong New regulatory description of each SIAP is Orleans Intl, RNAV (GPS) RWY 19, Amdt Conclusion 1 contained in official FAA form New Orleans, LA, Louis Armstrong New documents which are incorporated by The FAA has determined that this Orleans Intl, RNAV (GPS) Y RWY 19, Orig, reference in this amendment under 5 regulation only involves an established CANCELLED U.S.C. 552(a), 1 CFR part 51, and § 97.20 body of technical regulations for which Auburn/Lewiston, ME, Auburn/Lewiston of the Federal Aviation Regulations frequent and routine amendments are Muni, RNAV (GPS) RWY 4, Orig (FAR). The applicable FAA Forms are necessary to keep them operationally Auburn/Lewiston, ME, Auburn/Lewiston identified as FAA Forms 8260–3, 8260– Muni, RNAV (GPS) RWY 22, Orig current. It, therefore—(1) is not a Auburn/Lewiston, ME, Auburn/Lewiston 4, and 8260–5. Materials incorporated ‘‘significant regulatory action’’ under by reference are available for Muni, ILS OR LOC RWY 4, Amdt 10 Executive Order 12866; (2) is not a Auburn/Lewiston, ME, Auburn/Lewiston examination or purchase as stated ‘‘significant rule’’ under DOT Muni, NDB RWY 4, Amdt 11 above. Regulatory Policies and Procedures (44 Auburn/Lewiston, ME, Auburn/Lewiston The large number of SIAPs, their FR 11034; February 26, 1979); and (3) Muni, VOR/DME–A, Amdt 1 complex nature, and the need for a Hattiesburg, MS, Bobby L. Chain Muni, special format make their verbatim does not warrant preparation of a RNAV (GPS) RWY 31, Orig, CANCELLED publication in the Federal Register regulatory evaluation as the anticipated Indianola, MS, Indianola Muni, VOR/DME– expensive and impractical. Further, impact is so minimal. For the same A, Amdt 9 airmen do not use the regulatory text of reason, the FAA certifies that this Indianola, MS, Indianola Muni, VOR/DME– the SIAPs, but refer to their graphic amendment will not have a significant B, Amdt 5 economic impact on a substantial Indianola, MS, Indianola Muni, NDB RWY depiction on charts printed by 17, Amdt 5 publishers of aeronautical materials. number of small entities under the Indianola, MS, Indianola Muni, NDB RWY Thus, the advantages of incorporation criteria of the Regulatory Flexibility Act. 35, Amdt 5 by reference are realized and List of Subjects in 14 CFR Part 97 Indianola, MS, Indianola Muni, RNAV (GPS) publication of the complete description RWY 17, Orig of each SIAP contained in FAA form Air Traffic Control, Airports, Indianola, MS, Indianola Muni, RNAV (GPS) documents is unnecessary. The Incorporation by reference, and RWY 35, Orig Mineola-Quitman, TX, Wood County, RNAV provisions of this amendment state the Navigation (Air). affected CFR (and FAR) sections, with (GPS) RWY 18, Orig Mineola-Quitman, TX, Wood County, RNAV the types and effective dates of the Issued in Washington, DC on January 28, 2005. (GPS) RWY 36, Orig SIAPs. This amendment also identifies Mineola-Quitman, TX, Wood County, VOR/ the airport, its location, the procedure James J. Ballough, DME–B, Amdt 2 identification and the amendment Director, Flight Standards Service. Mineola-Quitman, TX, Wood County, VOR/ number. DME RNAV RWY 18, Amdt 2 Adoption of the Amendment Cheyenne, WY, Cheyenne Regional/Jerry The Rule Olson Field, RNAV (GPS) RWY 9, Orig I This amendment to part 97 is effective Accordingly, pursuant to the authority Cheyenne, WY, Cheyenne Regional/Jerry upon publication of each separate SIAP delegated to me, part 97 of the Federal Olson Field, RNAV (GPS) RWY 13, Orig as contained in the transmittal. Some Aviation Regulations (14 CFR part 97) is Cheyenne, WY, Cheyenne Regional/Jerry Olson Field, RNAV (GPS) RWY 31, Orig SIAP amendments may have been amended by establishing, amending, suspending, or revoking Standard Cheyenne, WY, Cheyenne Regional/Jerry previously issued by the FAA in a Olson Field, ILS OR LOC RWY 27, Amdt National Flight Data Center (NFDC) Instrument Approach Procedures, 34 Notice to Airmen (NOTAM) as an effective at 0901 UTC on the dates Cheyenne, WY, Cheyenne Regional/Jerry emergency action of immediate flight specified, as follows: Olson Field, RADAR–1, Amdt 1
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Cheyenne, WY, Cheyenne Regional/Jerry Commerce for the previous calendar § 157.215 Underground storage testing Olson Field, NDB RWY 27, Amdt 14 year.’’ and development. Cheyenne, WY, Cheyenne Regional/Jerry Pursuant to ′375.308(x)(1) of the (a) * * * Olson Field, VOR OR TACAN–A, Amdt 10 Commission’s Regulations, the authority (5) * * * Cheyenne, WY, Cheyenne Regional/Jerry for the publication of such cost limits, Olson Field, GPS RWY 12, Amdt 1B, TABLE II CANCELLED as adjusted for inflation, is delegated to Cheyenne, WY, Cheyenne Regional/Jerry the Director of the Office of Energy Year Limit Olson Field, GPS RWY 26, Orig-A, Projects. The cost limits for calendar CANCELLED year 2005, as published in Table I of 1982 ...... $2,700,000 ′157.208(d) and Table II of ′157.215(a), * * * Effective May 12, 2005 1983 ...... 2,900,000 are hereby issued. Minot, ND, Minot Intl, LOC/DME BC RWY 1984 ...... 3,000,000 13, Amdt 7 List of Subjects in 18 CFR Part 157 1985 ...... 3,100,000 1986 ...... 3,200,000 [FR Doc. 05–2222 Filed 2–4–05; 8:45 am] Administrative practice and 1987 ...... 3,300,000 BILLING CODE 4910–13–P procedure, Natural Gas, Reporting and 1988 ...... 3,400,000 recordkeeping requirements. 1989 ...... 3,500,000 1990 ...... 3,600,000 J. Mark Robinson, DEPARTMENT OF ENERGY 1991 ...... 3,800,000 Director, Office of Energy Projects. 1992 ...... 3,900,000 Federal Energy Regulatory I Accordingly, 18 CFR part 157 is 1993 ...... 4,000,000 amended as follows: 1994 ...... 4,100,000 Commission 1995 ...... 4,200,000 PART 157—[AMENDED] 1996 ...... 4,300,000 18 CFR Part 157 1997 ...... 4,400,000 I 1. The authority citation for part 157 1998 ...... 4,500,000 [Docket No. RM81–19–000] continues to read as follows: 1999 ...... 4,550,000 2000 ...... 4,650,000 Authority: 15 U.S.C. 717–717w, 3301– Natural Gas Pipelines; Project Cost 2001 ...... 4,750,000 3432; 42 U.S.C. 7101–7352. and Annual Limits 2002 ...... 4,850,000 I 2003 ...... 4,900,000 February 1, 2005. 2. Table I in § 157.208(d) is revised to read as follows: 2004 ...... 5,000,000 AGENCY: Federal Energy Regulatory 2005 ...... 5,100,000 Commission. § 157.208 Construction, acquisition, ACTION: Final rule. operation, replacement, and miscellaneous * * * * * rearrangement of facilities. [FR Doc. 05–2255 Filed 2–4–05; 8:45 am] SUMMARY: Pursuant to the authority * * * * * BILLING CODE 6717–01–P delegated by 18 CFR 375.308(x)(1), the (d) * * * Director of the Office of Energy Projects (OEP) computes and publishes the TABLE I SOCIAL SECURITY ADMINISTRATION project cost and annual limits for natural gas pipelines blanket Limit 20 CFR Part 416 construction certificates for each Year Auto. proj. Prior notice [Regulation No. 16] calendar year. cost limit proj. cost limit EFFECTIVE DATE: January 1, 2005. (Col.1) (Col.2) RIN 0960–AF84 FOR FURTHER INFORMATION, CONTACT: 1982 ...... $4,200,000 $12,000,000 Determining Income and Resources Michael J. McGehee, Chief, Certificates 1983 ...... 4,500,000 12,800,000 Under the Supplemental Security Branch 1, Division of Pipeline 1984 ...... 4,700,000 13,300,000 Income (SSI) Program Certificates, (202) 502–8962. 1985 ...... 4,900,000 13,800,000 1986 ...... 5,100,000 14,300,000 AGENCY: Social Security Administration. Publication of Project Cost Limits 1987 ...... 5,200,000 14,700,000 ACTION: Final rules. Under Blanket Certificates; Order of the 1988 ...... 5,400,000 15,100,000 Director, OEP 1989 ...... 5,600,000 15,600,000 SUMMARY: We are revising our 1990 ...... 5,800,000 16,000,000 regulations that explain how we Section 157.208(d) of the 1991 ...... 6,000,000 16,700,000 Commission’s Regulations provides for 1992 ...... 6,200,000 17,300,000 determine an individual’s income and project cost limits applicable to 1993 ...... 6,400,000 17,700,000 resources under the supplemental construction, acquisition, operation and 1994 ...... 6,600,000 18,100,000 security income (SSI) program in order miscellaneous rearrangement of 1995 ...... 6,700,000 18,400,000 to achieve three program facilities (Table I) authorized under the 1996 ...... 6,900,000 18,800,000 simplifications. First, we are eliminating blanket certificate procedure (Order No. 1997 ...... 7,000,000 19,200,000 clothing from the definition of income 234, 19 FERC &61,216). Section 1998 ...... 7,100,000 19,600,000 and from the definition of in-kind 1999 ...... 7,200,000 19,800,000 support and maintenance. As a result, 157.215(a) specifies the calendar year 2000 ...... 7,300,000 20,200,000 dollar limit which may be expended on 2001 ...... 7,400,000 20,600,000 we generally will not count gifts of underground storage testing and 2002 ...... 7,500,000 21,000,000 clothing as income when we decide development (Table II) authorized under 2003 ...... 7,600,000 21,200,000 whether a person can receive SSI the blanket certificate. Section 2004 ...... 7,800,000 21,600,000 benefits or when we compute the 157.208(d) requires that the ‘‘limits 2005 ...... 8,000,000 22,000,000 amount of the benefits. Second, we are specified in Tables I and II shall be changing our resource-counting rules in adjusted each calendar year to reflect * * * * * the SSI program by eliminating the the ‘GDP implicit price deflator’ I 3. Table II in § 157.215(a)(5) is revised dollar value limit for the exclusion of published by the Department of to read as follows: household goods and personal effects.
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As a result, we will not count household (Means-Tested Programs: Determining maintenance. Clothing is one of the goods and personal effects as resources Financial Eligibility Is Cumbersome and basic sustenance needs, along with food when we decide whether a person can Can Be Simplified, GAO–02–58, and shelter. However, unlike food and receive SSI benefits. Third, we are November 2, 2001 available at http:// shelter, clothing generally is not changing our rules for excluding an www.gao.gov). In particular, the GAO received every month. Items of clothing automobile in determining the resources cited the variations and complexity of are more likely to be received of an SSI applicant or recipient. We will Federal financial eligibility rules as infrequently and sporadically, and they exclude one automobile (the ‘‘first’’ contributing to processes that are often generally have no substantial financial automobile) from resources if it is used duplicative and cumbersome for staff value. In addition, our attempts to for transportation for the individual or workers (including state and local discover and assign a value to gifts of a member of the individual’s household, caseworkers) and for those who apply clothing are not only administratively without consideration of its value. for assistance. In order to streamline our burdensome, but have been viewed as These changes will simplify our rules, eligibility determination process, as harsh and demeaning and as providing making them less cumbersome to well as make our financial eligibility a disincentive for family members to administer and easier for the public to rules more consistent with those of help needy relatives. understand and follow. Our experience other means-tested Federal programs, After 30 years of administering the of nearly 30 years of processing SSI we are making the following changes to SSI program, our experience shows that claims indicates that these our rules on determining income and clothing received as in-kind support and simplifications will have minimal effect resources under the SSI program. maintenance rarely affects an on the outcome of SSI eligibility individual’s eligibility for SSI or the determinations. Explanation of Changes amount of benefits. Thus, questioning DATES: These regulations are effective A. Elimination of Clothing From the individuals about items as personal as on March 9, 2005. Definitions of Income and In-Kind basic clothing may be seen as intrusive Electronic Version: The electronic file Support and Maintenance without achieving any substantial of this document is available on the date program goal or enhancing program Section 1612 of the Act defines integrity. We are making this change to of publication in the Federal Register at income as both earned income and http://www.gpoaccess.gov/fr/ simplify our rules and improve our unearned income, including support work efficiency. This change will make index.html. It is also available on the and maintenance furnished in cash or in Internet site for SSA, Social Security our rules less intrusive and more kind. Under our current rules, income protective of the dignity and privacy of Online, at http://policy.ssa.gov/ may include anything you receive in pnpublic.nsf/LawsRegs. claimants and beneficiaries, and will cash or in kind that you can use to meet not significantly increase SSI program FOR FURTHER INFORMATION CONTACT: your needs for food, clothing, and costs. Robert Augustine, Social Insurance shelter. Both earned income and We are removing the specific Specialist, Office of Regulations, Social unearned income can include items reference to clothing from our broad Security Administration, 100 Altmeyer received in kind. Generally, we value definition of income in § 416.1102, Building, 6401 Security Boulevard, in-kind items at their current market which covers both earned and unearned Baltimore, MD 21235–6401, (410) 965– value. However, we have special rules income. This will permit us to disregard 0020 or TTY (410) 966–5609. For for valuing food, clothing, or shelter that gifts of clothing when we apply the information on eligibility or filing for is received as unearned income. special rules for valuing in-kind support benefits, call our national toll-free In-kind support and maintenance is and maintenance. Counting gifts of number, 1–800–772–1213 or TTY 1– unearned income in the form of food, clothing puts a negative face on the SSI 800–325–0778, or visit our Internet site, clothing, or shelter that is given to a program without advancing any Social Security Online, at http:// person or that the person receives substantial program goal and incurs www.socialsecurity.gov. because someone else pays for it. administrative costs. SUPPLEMENTARY INFORMATION: Section 1612(a)(2)(A) of the Act There will be one situation where we provides that if an eligible individual will be required to consider clothing as Background receives in-kind support and income. This situation could occur The basic purpose of the SSI program maintenance, his or her SSI payment when an individual receives clothing (title XVI of the Social Security Act (the may be reduced by up to one-third of from an employer that we must count as Act)) is to ensure a minimum level of the monthly Federal benefit rate. To wages under section 1612(a)(1)(A) of the income to people who are age 65 or determine whether the one-third Act. Wages are the same for SSI older, or blind or disabled, and who reduction applies, we must ask purposes as for the earnings test in the have limited income and resources. The claimants and beneficiaries a lengthy Social Security retirement program. law provides that payments can be series of questions about their living Under the earnings test, wages may made only to people who have income arrangements and household expenses. include the value of food, clothing, or and resources below specified amounts. We also must obtain similar information shelter, or other items provided instead Therefore, the amount of income and from the homeowner or head of the of cash. We refer to these items as in- resources a person has is a major factor household, who often is not a claimant kind earned income. Because we are in deciding whether the person can or recipient. required by the Act to count the value receive SSI benefits and in computing The complexity of the rules for of these items as income, we are not the amount of the benefits. valuing in-kind support and making any changes to our current rule The Government Accountability maintenance results in reporting in § 416.1110(a). Situations where Office (GAO) has reported that annual requirements that are difficult for the clothing constitutes wages are very costs to the Federal Government for public to understand and follow. We uncommon. administering means-tested Federal are, therefore, simplifying the SSI These rules remove references to programs are significant and that program by eliminating clothing from clothing throughout subpart K, which eligibility determination activities make the definition of income and from the explains how we count income. We also up a substantial portion of these costs definition of in-kind support and are updating the second example in
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§ 416.1103(g) to reflect that SSI • Household goods if they are items may be quite valuable. Such items as eligibility is now based on an of personal property, found in or near a gems, jewelry that is not worn or held individual’s income, resources, and home, that are used on a regular basis, for family significance, and collectibles other relevant circumstances in a month or items needed by the householder for will still be considered countable rather than in a calendar quarter. The maintenance, use and occupancy of the resources and subject to the limits in change from a quarterly determination premises as a home; and § 416.1205. Thus, the exclusion for to a monthly determination, which is • Personal effects if they are items of household goods and personal effects explained in § 416.420, was effective personal property that ordinarily are will not apply to such items that have April 1, 1982 pursuant to section 2341 worn or carried by the individual, or are investment value. of Public Law 97–35. This example was articles that otherwise have an intimate Our experience in administering the inadvertently overlooked when relation to the individual. SSI program suggests that the change we Thus, we will interpret the word conforming changes were previously are making will affect the eligibility of ‘‘reasonable’’ in section 1613(a)(2)(A) of made. only a few applicants and recipients. the Act in terms other than a specific However, this change will simplify our B. Exclusion of Household Goods and dollar limit. The reasonable value will rules and improve our work efficiency Personal Effects instead be based on the uses and without significantly increasing characteristics of the item. Our current Section 1613(a)(2)(A) of the Act program costs. It will make our rules rules on household goods and personal provides that in determining the less intrusive and more protective of the effects reflect our view that it is resources of an individual (and eligible dignity of applicants and recipients. reasonable to totally exclude certain spouse, if any), SSA will exclude This intrusion into the privacy of a household goods and personal effects to items of personal property because they are rarely of significant value or are person’s home unnecessarily puts a the extent that their total value does not negative face on the SSI program exceed an amount that the intimately related to the individual and his or her particular needs. Accordingly, without achieving any corresponding Commissioner decides is reasonable. In gain in program integrity or payment interpreting ‘‘reasonable’’ value of we have determined that requiring conversion of such items for subsistence accuracy. It also will more accurately household goods and personal effects, reflect the reality that all SSI applicants § 416.1216(b) of our regulations needs is unreasonable. Currently, § 416.1216(c) provides for and recipients need household goods provides for an exclusion of up to totally excluding a wedding ring and an and personal effects to perform $2,000 of the total equity value. The engagement ring, and household goods activities of daily living and maintain amount in excess of $2,000 is counted and personal effects required because of quality of life. Accordingly, we believe against the resource limit, currently a person’s physical condition. We are it would be unreasonable to require $2,000 for an individual and $3,000 for expanding this approach generally to applicants and recipients to convert an individual and spouse. household goods and personal effects so these items to cash in order to meet Section 416.1216(a) defines that they may be totally excluded from their subsistence needs. The resale household goods as including resources because our experience in 30 value of typical household items is household furniture, furnishings, and years of administering the SSI program minimal after the item has been used. equipment that are commonly found in shows that these items almost never Although it could be expensive to or about a house and used in connection have any substantial value, particularly replace certain household items, these with the operation, maintenance, and once they are used. items would be worth very little if the occupancy of the home. Also included These rules amend § 416.1216 to individual tried to resell them to get are furniture, furnishings, and define and identify household goods cash for subsistence needs. equipment used in the functions and and personal effects that we will not activities of home and family life as well C. Exclusion of an Automobile From count as resources. Included in the list Resources as those items that are for comfort and of excluded personal effects are items of accommodation. This section cultural or religious significance since Section 1613(a)(2)(A) of the Act specifically defines personal effects as these items have an intimate provides that, in determining the including clothing, jewelry, items of relationship to an individual. The list of resources of an individual (and eligible personal care, and individual exclusions also includes items required spouse, if any) for SSI purposes, SSA educational and recreational items. In due to an individual’s impairment. This will exclude an automobile to the extent addition, § 416.1216(c) provides specific will allow for exclusion of items that its value does not exceed an exclusions for a wedding ring, an required because of any impairment, not amount that the Commissioner of Social engagement ring, and equipment just physical impairments. For example, Security decides is reasonable. Current required because of a person’s physical our experience has shown that children regulations at § 416.1218 define an condition. and adults with learning disabilities use ‘‘automobile’’ as a passenger car or other To determine the equity value of personal computers to assist them with vehicle used to provide necessary household goods and personal effects, schoolwork and other daily activities. transportation. we ask the person for a list of household This change will allow us to exclude In interpreting ‘‘reasonable’’ value, and personal items, the value of each, items such as personal computers from § 416.1218(b)(1) provides that an and what the individual owes on each. countable resources. automobile is totally excluded This process can be complex, difficult We are also amending § 416.1210(b) regardless of value if it meets any of the for the public to understand, and by referring to § 416.1216 for the four following criteria: unduly intrusive into personal affairs. definition of household goods and • It is necessary for employment; We are amending these rules as part of personal effects that we will not count • our efforts to simplify the SSI program. as resources. It is necessary for the medical We are amending our regulations for While simplifying the SSI program, treatment of a specific or regular household goods and personal effects by our changes continue to recognize that medical problem; eliminating the dollar value limit and by individuals applying for SSI may own • It is modified for a handicapped excluding from countable resources all: items for investment purposes which person; or
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• It is necessary because of certain if the automobile is needed for automobile exclusion. We proposed to factors to perform essential daily employment or medical treatment or if exclude one automobile regardless of activities. it has been modified for use by a value if it is used for transportation by If no automobile can be excluded handicapped person, we will exclude it the SSI eligible individual or a member based on its use, one automobile is without regard to value.’’ Since October of that individual’s household. The excluded to the extent its current market 22, 1985 (50 FR 42687), the regulations commenters recommended inserting value does not exceed $4,500. See also provide for total exclusion of an language which would also permit § 416.1218(b)(2). Additional automobile if, due to certain factors, it exclusion of one automobile if SSA automobiles are counted as nonliquid is necessary for transportation to determines that the automobile is being resources to the extent of their equity perform essential daily activities. Our used by a person who lives outside the value. See § 416.1218(b)(3). experience shows that virtually all SSI household to help the SSI eligible We are amending our rules to exclude claimants and recipients who have individual. The commenters state that one automobile from resources automobiles need them for this would address the situation in regardless of its value if it is used for transportation under the circumstances which the automobile is never used by transportation for the individual or a listed above. the SSI eligible individual or any member of the individual’s household. It should be noted that our member of the household but it is used We are doing so because our data interpretation of ‘‘reasonable’’ will not by a person outside the household to establish that the vast majority of ‘‘first’’ eliminate the requirement to develop run errands for the eligible individual. automobiles owned by SSI recipients the value of second or additional Response: After careful consideration, are currently excluded based on one of automobiles. Nor will the ‘‘first’’ we decided not to adopt this suggested the four transportation criteria set out in automobile be excluded if it is not used change. The Social Security Act § 416.1218(b)(1). In addition, there is no for transportation. In those cases where provides an exclusion for an automobile indication that the automobiles which a vehicle is inoperable, or operable but of reasonable value. Since 1985, our are not covered by the special not used at all, or used only for interpretation of reasonable value has circumstances represent significant recreation (e.g., a dune buggy), it will been based on the premise that the resources. Based on quality assurance still be valued according to current excluded automobile is used to provide data for 1998, in approximately 98 rules. We believe it would be necessary transportation for the percent of those SSI cases involving unreasonable to exclude from resources individual or a member of the automobile ownership, the value of one the value of a vehicle that is not used individual’s household. If an car was completely excluded. Anecdotal for transportation. automobile is not used to provide data from SSA claims representatives The change will have a negligible transportation for the individual or support the 1998 quality assurance data. effect on program costs and will members of the individual’s household, We are revising § 416.1210(c) to simplify administration of the it is not excluded from resources. exclude from resources an automobile exclusion. It will eliminate the need for Limiting the exclusion to an automobile that is used for transportation as SSA claims representatives to ask the used to provide transportation for the provided in § 416.1218. We are also SSI recipient if his/her vehicle meets individual or a household member is changing § 416.1218(b) to exclude one of the four specific exclusion appropriate because it links the totally one automobile regardless of criteria or otherwise determine the exclusion of the automobile with use of value if it is used for transportation for value of the vehicle. the automobile by the person who owns the individual or a member of the the automobile or by a member of his or individual’s household and to eliminate Public Comments her household. In addition, the revised the existing four specific reasons for On January 6, 2004, we published rules will permit an exclusion of the exclusion. We are also removing proposed rules in the Federal Register automobile if a person residing outside § 416.1218(c), which contains the at 69 FR 554 and provided a 60-day the individual’s household uses the definition of the current market value of period for interested parties to automobile to provide transportation for an automobile. comment. We received comments from the individual or a household member. Under current policy, we virtually 49 individuals and 20 organizations. Comment: One individual disagreed always exclude one automobile for each Because some of the comments received with our proposed rule for the individual or couple applying for or were quite detailed, we have condensed, automobile exclusion because the rule receiving SSI. Our aim in simplifying summarized or paraphrased them in the does not limit the dollar value of the the automobile rules is to achieve discussion below. We have tried to automobile being excluded. The essentially the same outcome by present all views adequately and to commenter stated that such a rule automatically excluding one automobile carefully address all of the issues raised would not be well-received by the used for transportation for each by the commenters that are within the public. individual or couple without scope of the proposed rules. Response: After careful consideration, unnecessary claims development. Fifty-nine of the commenters fully we have decided not to make any The Act states that we will exclude an support the proposed rules and have not change based on this comment. Under automobile of reasonable value. We requested any additional changes in the our revised rules, we are simplifying the have previously interpreted the word regulations. Most of these commenters procedures for determining whether an ‘‘reasonable’’ in terms of the uses and cited ‘‘simplification of the SSI rules’’ automobile is excluded. However, we needs of disabled individuals and in and ‘‘reducing the burden on the are not making any change to the terms of dollar limits. Specifically, the public’’ as the reasons for their support exclusion on the basis of a dollar limit. preamble to the final regulation which of the proposed rules. We have excluded automobiles used for increased the exclusion of the The remaining commenters raised the necessary transportation regardless of automobile value to $4,500 on July 24, following issues that are within the value since 1985. After nearly 20 years 1979 (44 FR 43265) stated that we had scope of the proposed rules. of experience with excluding ‘‘concluded that there are special Comment: Several commenters automobiles regardless of value, we circumstances which justify entirely supported the proposed regulations but have not found that this approach has excluding an automobile. For example, recommended a change to the caused concern in the general public. In
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addition, our effort to simplify the rules We have also determined that these (a)(4), (a)(5) introductory text, (b)(2), for this exclusion would be negated by final rules meet the plain language (b)(3) introductory text, the examples in adding a requirement to determine the requirement of Executive Order 12866, paragraph (g), and the text and example value of excluded automobiles which in as amended by Executive Order 13258. 1 of paragraph (j) to read as follows: many situations would require Regulatory Flexibility Act § 416.1103 What is not income? determining the individual’s equity in the automobile and the condition of the We certify that these final rules will Some things you receive are not automobile. not have a significant economic impact income because you cannot use them as Comment: One individual expressed on a substantial number of small food or shelter, or use them to obtain overall support for the proposed rules entities, because they will affect only food or shelter. In addition, what you but recommended that artwork and individuals. Thus, a regulatory receive from the sale or exchange of antiques should not be excluded under flexibility analysis as provided in the your own property is not income; it the exclusion for household goods and Regulatory Flexibility Act, as amended, remains a resource. The following are personal effects. The commenter is not required. some items that are not income: expressed concern that an applicant for (a) * * * Paperwork Reduction Act (3) Assistance provided in cash or in SSI benefits could own valuable artwork kind (including food or shelter) under a or antiques and that there should be a These final rules will impose no Federal, State, or local government limit on the value of such items. additional reporting or recordkeeping Response: After careful consideration, requirements requiring OMB clearance. program whose purpose is to provide medical care or medical services we have decided not to change the (Catalog of Federal Domestic Assistance (including vocational rehabilitation); language of the exclusion for household Program No. 96.006 Supplemental Security (4) In-kind assistance (except food or goods and personal effects to specify Income) shelter) provided under a that artwork and antiques should not be List of Subjects in 20 CFR Part 416 nongovernmental program whose excluded. We do not believe such a purpose is to provide medical care or change is necessary. Although these Administrative practice and procedure, Aged, Blind, Disability medical services; rules will eliminate the dollar limit for (5) Cash provided by any benefits, Public assistance programs, the exclusion of household goods and nongovernmental medical care or Reporting and recordkeeping personal effects, they will still permit us medical services program or under a requirements, Supplemental Security to consider the resources of an health insurance policy (except cash to individual who owns valuable items Income (SSI). cover food or shelter) if the cash is that are not considered as household Dated: December 2, 2004. either: goods or personal effects under our Jo Anne B. Barnhart, * * * * * regulatory definition. Our experience of Commissioner of Social Security. (b) * * * 30 years of administering the SSI (2) In-kind assistance (except food or I For the reasons set out in the preamble, program shows that household goods shelter) provided under a we are amending subparts K and L of part and personal effects rarely have nongovernmental program whose substantial resale value, particularly 416 of chapter III of title 20 of the Code purpose is to provide social services; or once they are used. However, our rules of Federal Regulations as follows: (3) Cash provided by a will continue to recognize that PART 416—SUPPLEMENTAL nongovernmental social services individuals applying for SSI benefits program (except cash to cover food or may own items for investment purposes SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED shelter) if the cash is either: which may be quite valuable. Such * * * * * items as gems, jewelry not held for Subpart K—[Amended] (g) * * * family significance, and collectibles will I Examples: If your daughter uses her own still be considered as countable 1. The authority citation for subpart K money to pay the grocer to provide you with resources and be subject to the SSI of part 416 continues to read as follows: food, the payment itself is not your income resource limit. Artwork and antiques Authority: Secs. 702(a)(5), 1602, 1611, because you do not receive it. However, can fall within the category of 1612, 1613, 1614(f), 1621, and 1631 of the because of your daughter’s payment, the collectibles, and, where they have been Social Security Act (42 U.S.C. 902(a)(5), grocer provides you with food; the food is in- acquired or held for their investment 1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, kind income to you. Similarly, if you buy value, such items will be countable and 1383); sec. 211, Pub. L. 93–66, 87 Stat. food on credit and your son later pays the resources. Although in our claims 154 (42 U.S.C. 1382 note). bill, the payment to the store is not income to you, but the food is in-kind income to you. development process we will not I 2. Section 416.1102 is revised to read In this example, if your son pays for the food routinely examine all of an individual’s as follows: in a month after the month of purchase, we furniture and personal possessions to will count the in-kind income to you in the determine if any pieces are valuable § 416.1102 What is income? month in which he pays the bill. On the artwork or antiques, we will have the Income is anything you receive in other hand, if your brother pays a lawn regulatory authority to count such value cash or in kind that you can use to meet service to mow your grass, the payment is not items as resources when we become income to you because the mowing cannot be your needs for food and shelter. used to meet your needs for food or shelter. aware of such items. Sometimes income also includes more Therefore, it is not in-kind income as defined Regulatory Procedures or less than you actually receive (see in § 416.1102. § 416.1110 and § 416.1123(b)). In-kind * * * * * Executive Order 12866, as Amended by income is not cash, but is actually food (j) Receipt of certain noncash items. Executive Order 13258 or shelter, or something you can use to Any item you receive (except shelter as The Office of Management and Budget get one of these. defined in § 416.1130 or food) which (OMB) has reviewed these final rules in I 3. Section 416.1103 is amended by would be an excluded nonliquid accordance with Executive Order 12866, revising the section heading, the resource (as described in subpart L of as amended by Executive Order 13258. introductory text, paragraphs (a)(3), this part) if you kept it, is not income.
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Example 1: A community takes up a (ii) Items needed by the householder DEPARTMENT OF HOMELAND collection to buy you a specially equipped for maintenance, use and occupancy of SECURITY van, which is your only vehicle. The value the premises as a home. of this gift is not income because the van Coast Guard does not provide you with food or shelter (2) Such items include but are not and will become an excluded nonliquid limited to: Furniture, appliances, 33 CFR Part 117 resource under § 416.1218 in the month electronic equipment such as personal following the month of receipt. computers and television sets, carpets, [CGD05–04–179] * * * * * cooking and eating utensils, and dishes. RIN 1625–AA09 §§416.1104, 416.1121, 416.1124, 416.1130, (b) Personal effects. (1) We do not 416.1133, 416.1140, 416.1142, 416.1144, count personal effects as resources to an Drawbridge Operation Regulations; 416.1145, 416.1147, 416.1148, 416.1149, individual (and spouse, if any) if they Mantua Creek, Paulsboro, NJ 416.1157 [Amended] are: AGENCY: Coast Guard, DHS. I 4. Remove the words ‘‘food, clothing, (i) Items of personal property ACTION: Temporary final rule. or shelter’’ and add, in their place, the ordinarily worn or carried by the SUMMARY: The Coast Guard is words ‘‘food or shelter’’ in the following individual; or sections: temporarily changing the regulations a. Section 416.1104; (ii) Articles otherwise having an that govern the operation of the S.R. 44 b. Section 416.1121(b) and (h); intimate relation to the individual. bridge over Mantua Creek, at mile 1.7, c. Section 416.1124(c)(3); (2) Such items include but are not in Paulsboro, New Jersey. The bridge d. Section 416.1130(a) and (b); limited to: Personal jewelry including will be closed to navigation from 8 a.m. e. Section 416.1133(a); wedding and engagement rings, on September 12, 2005, through 6 p.m. f. Section 416.1140(a)(1), (a)(2)(i), personal care items, prosthetic devices, on December 9, 2005. The extensive (a)(2)(ii), (b)(1), and (b)(2); and educational or recreational items structural, mechanical, and electrical g. Section 416.1142(b); such as books or musical instruments. repairs and improvements necessitate h. Section 416.1144(b)(2); We also do not count as resources items this closure. i. Section 416.1145; of cultural or religious significance to an DATES: This rule is effective from 8 a.m. j. Section 416.1147(c) and (d)(1); individual and items required because on September 12, 2005, through 6 p.m. k. Section 416.1148(b)(1) and (b)(2); of an individual’s impairment. on December 9, 2005. l. Section 416.1149(c)(1)(i) and However, we do count items that were ADDRESSES: Comments and material (c)(1)(ii); and acquired or are held for their value or received from the public, as well as m. Section 416.1157(b). as an investment because we do not documents indicated in this preamble as consider these to be personal effects. being available in the docket, are part of Subpart L—[Amended] Such items can include but are not docket CGD05–04–179 and are available for inspection or copying at Commander limited to: Gems, jewelry that is not I 5. The authority citation for subpart L (obr), Fifth Coast Guard District, Federal worn or held for family significance, or of part 416 continues to read as follows: Building, 1st Floor, 431 Crawford Street, collectibles. Such items will be subject Authority: Secs. 702(a)(5), 1602, 1611, Portsmouth, VA 23704–5004 between 8 1612, 1613, 1614(f), 1621, and 1631 of the to the limits in § 416.1205. a.m. and 4 p.m., Monday through Social Security Act (42 U.S.C. 902(a)(5), I 8. Section 416.1218 is amended by Friday, except Federal holidays. The 1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, revising paragraph (b)(1), removing Fifth Coast Guard District maintains the and 1383); sec. 211, Pub. L. 93–66, 87 Stat. public docket for this rulemaking. 154 (42 U.S.C. 1382 note). paragraph (b)(2), redesignating paragraph (b)(3) as (b)(2) and revising it, FOR FURTHER INFORMATION CONTACT: I 6. Section 416.1210 is amended by and removing paragraph (c) to read as Anton Allen, Bridge Management revising paragraphs (b) and (c) to read as follows: Specialist, Fifth Coast Guard District, at follows: (757) 398–6227. § 416.1218 Exclusion of the Automobile. SUPPLEMENTARY INFORMATION: § 416.1210 Exclusions from resources; * * * * * general. Regulatory History (b) * * * * * * * * On October 12, 2004, we published a (b) Household goods and personal (1) Total exclusion. One automobile is notice of proposed rulemaking (NPRM) effects as defined in § 416.1216; totally excluded regardless of value if it entitled ‘‘Drawbridge Operation (c) An automobile, if used for is used for transportation for the Regulations; Mantua Creek, Paulsboro, transportation, as provided in individual or a member of the NJ’’ in the Federal Register (69 FR § 416.1218; individual’s household. 60595). We received no letters * * * * * (2) Other automobiles. Any other commenting on the proposed rule. No I 7. Section 416.1216 is revised to read automobiles are considered to be public meeting was requested, and none as follows: nonliquid resources. Your equity in the was held. § 416.1216 Exclusion of household goods other automobiles is counted as a Background and Purpose and personal effects. resource. (See § 416.1201(c).) The New Jersey Department of (a) Household goods. (1) We do not [FR Doc. 05–2248 Filed 2–4–05; 8:45 am] Transportation (NJDOT) owns and count household goods as a resource to BILLING CODE 4191–02–P operates the S.R. 44 Bridge over Mantua an individual (and spouse, if any) if Creek in Paulsboro, NJ. The current they are: regulations set out in 33 CFR 117.729 (i) Items of personal property, found require the draw to open on signal from in or near the home, that are used on a March 1 through November 30 from 7 regular basis; or a.m. to 11 p.m., and shall open on signal
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at all other times upon four hours Assistance for Small Entities Indian Tribal Governments notice. Under section 213(a) of the Small This rule does not have tribal Parsons Brinckerhoff, a design Business Regulatory Enforcement implications under Executive Order consultant, on behalf of NJDOT Fairness Act of 1996 (Pub. L. 104–121), 13175, Consultation and Coordination requested a temporary change to the we want to assist small entities in with Indian Tribal Governments, existing regulations for the S.R. 44 understanding this rule so that they can because it would not have a substantial Bridge over Mantua Creek to facilitate better evaluate its effects on them and direct effect on one or more Indian necessary repairs. The repairs consist of participate in the rulemaking process. tribes, on the relationship between the structural rehabilitation and various No assistance was requested from any Federal Government and Indian tribes, mechanical, electrical repairs and small entity. or on the distribution of power and improvements. To facilitate repairs, the responsibilities between the Federal Collection of Information vertical lift span must be closed to Government and Indian tribes. vessel traffic from 8 a.m. on September This rule would call for no new Energy Effects 12, 2005, through 6 p.m. on December collection of information under the 9, 2005. Paperwork Reduction Act of 1995 (44 We have analyzed this rule under U.S.C. 3501–3520). Executive Order 13211, Actions The Coast Guard has reviewed bridge Concerning Regulations That opening data provided by the NJDOT. Federalism Significantly Affect Energy Supply, The data, from years 2000 to 2002, Distribution, or Use. We have shows a substantial decrease in the A rule has implications for federalism under Executive Order 13132, determined that it is not a ‘‘significant numbers of bridge openings and vessel energy action’’ under that order because traffic transiting the area after the Labor Federalism, if it has a substantial direct effect on State or local governments and it is not a ‘‘significant regulatory action’’ Day weekend. Based on the data would either preempt State law or under Executive Order 12866 and is not provided, the proposed closure dates likely to have a significant adverse effect impose a substantial direct cost of will have minimal impact on vessel on the supply, distribution, or use of compliance on them. We have analyzed traffic. energy. The Administrator of the Office this rule under that Order and have of Information and Regulatory Affairs determined that it does not have Regulatory Evaluation has not designated it as a significant implications for federalism. This rule is not a ‘‘significant energy action. Therefore, it does not regulatory action’’ under section 3(f) of Unfunded Mandates Reform Act require a Statement of Energy Effects under Executive Order 13211. Executive Order 12866, Regulatory The Unfunded Mandates Reform Act Planning and Review, and does not of 1995 (2 U.S.C. 1531–1538) requires Technical Standards require an assessment of potential costs Federal agencies to assess the effects of The National Technology Transfer and benefits under section 6(a)(3) of that their discretionary regulatory actions. In and Advancement Act (NTTAA) (15 Order. The Office of Management and particular, the Act addresses actions U.S.C. 272 note) directs agencies to use Budget has not reviewed it under that that may result in the expenditure by a voluntary consensus standards in their Order. It is not ‘‘significant’’ under the State, local, or tribal government, in the regulatory activities unless the agency regulatory policies and procedures of aggregate, or by the private sector of provides Congress, through the Office of the Department of Homeland Security. $100,000,000 or more in any one year. Management and Budget, with an We expect the economic impact of Though this rule will not result in such explanation of why using these this rule to be so minimal that a full an expenditure, we do discuss the standards would be inconsistent with Regulatory Evaluation under the effects of this rule elsewhere in this applicable law or otherwise impractical. regulatory policies and procedures of preamble. Voluntary consensus standards are DHS is unnecessary. We established this Taking of Private Property technical standards (e.g., specifications conclusion based on historical data, and of materials, performance, design, or on the fact that the closure dates This rule would not effect a taking of operation; test methods; sampling support minimal impact due to the private property or otherwise have procedures; and related management reduced number of vessels requiring taking implications under Executive systems practices) that are developed or transit through the bridge. Order 12630, Governmental Actions and adopted by voluntary consensus Interference with Constitutionally standards bodies. Small Entities Protected Property Rights. This rule does not use technical standards. Therefore, we did not Under the Regulatory Flexibility Act Civil Justice Reform consider the use of voluntary consensus (5 U.S.C. 601–612), we have considered This rule meets applicable standards standards. whether this rule would have a in sections 3(a) and 3(b)(2) of Executive significant economic impact on a Order 12988, Civil Justice Reform, to Environment substantial number of small entities. minimize litigation, eliminate We have analyzed this rule under The term ‘‘small entities’’ comprises ambiguity, and reduce burden. Commandant Instruction M16475.lD, small businesses, not-for-profit which guides the Coast Guard in organizations that are independently Protection of Children complying with the National owned and operated and are not We have analyzed this rule under Environmental Policy Act of 1969 dominant in their fields, and Executive Order 13045, Protection of (NEPA) (42 U.S.C. 4321–4370f), and governmental jurisdictions with Children from Environmental Health have concluded that there are no factors populations of less than 50,000. Risks and Safety Risks. This rule is not in this case that would limit the use of The Coast Guard certifies under 5 an economically significant rule and a categorical exclusion under section U.S.C. 605(b) that this rule would not would not create an environmental risk 2.B.2 of the Instruction. Therefore, this have a significant economic impact on to health or risk to safety that might rule is categorically excluded, under a substantial number of small entities. disproportionately affect children. figure 2–1, paragraph (32)(e) of the
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Instruction, from further environmental DATES: This rule is effective March 9, turning basin to negotiate a 180° turn, documentation. 2005. and then transit down bound on the ADDRESSES: Turtle River through what was List of Subjects in 33 CFR Part 117 You may mail comments ′ and related material to USCG Marine previously a 200 wide restricted Bridges. Safety Office Savannah, 100 W. channel. Regulations Oglethorpe Ave., Suite 1017, JGL Due to the construction of the new Sidney Lanier Bridge and widening of Federal Building, Savannah, GA 31401. I For the reasons discussed in the the channel, the maneuver required by USCG Marine Safety Office Savannah preamble, the Coast Guard amends 33 the current RNA is no longer necessary. maintains the public docket for this CFR part 117 as follows: The current navigation requirements of rulemaking. Comments and material 33 CFR 165.735 pose a greater risk of a received from the public, as well as PART 117—DRAWBRIDGE vessel casualty due to the now documents indicated in this preamble as OPERATION REGULATIONS unnecessary complex maneuvering. The being available in the docket, will rule removes the maneuvers required by I 1. The authority citation for part 117 become part of this docket and will be the current RNA and will reduce the continues to read as follows: available for inspection or copying at transit time of vessels bound for sea Authority: 33 U.S.C. 499; Department of USCG Marine Safety Office Savannah from the East River. Due to the removal Homeland Security Delegation No. 0170.1; 33 between 8 a.m. and 4 p.m., Monday of the old bridge structures, no other CFR 1.05–1(g); section 117.255 also issued through Friday, except Federal holidays. under the authority of Pub. L. 102–587, 106 navigational or safety requirements are FOR FURTHER INFORMATION CONTACT: LT Stat. 5039. necessary. Aloysious Zealy, Planning Officer, MSO I 2. Section 117.729 is temporarily Savannah at 912–652–4353 ext. 240. Regulatory Evaluation amended from 8 a.m. on September 12, SUPPLEMENTARY INFORMATION: This rule is not a ‘‘significant 2005, through 6 p.m. on December 9, regulatory action’’ under section 3(f) of Regulatory Information 2005 by suspending paragraph (b) and Executive Order 12866, Regulatory adding a new paragraph (c) to read as We did not publish a notice of Planning and Review, and does not follows: proposed rulemaking (NPRM) for this require an assessment of potential costs regulation. Under 5 U.S.C. 553(b)(B) and § 117.729 Mantua Creek. and benefits under section 6(a)(3) of that (d)(3), the Coast Guard finds that good Order. The Office of Management and * * * * * cause exists for not publishing a NPRM Budget has not reviewed it under that (c) From 8 a.m. on September 12, and for making this regulation effective Order. It is not ‘‘significant’’ under the 2005, through 6 p.m. on December 9, less than 30 days after publication in the regulatory policies and procedures of 2005, the S.R. 44 Bridge, mile 1.7, at Federal Register. Due to the the Department of Homeland Security Paulsboro, may remain closed to construction of the new Sidney Lanier (DHS). navigation. Bridge, the widening of the channel, We expect the economic impact of Dated: January 25, 2005. and the removal of the old bridge this rule to be so minimal that a full Sally Brice-O’Hara, structure, the maneuver required by the Regulatory Evaluation under the Rear Admiral, United States Coast Guard, current RNA is no longer necessary. regulatory policies and procedures of Commander, Fifth Coast Guard District. Because the old Sidney Lanier Bridge no DHS is unnecessary. This rule removes [FR Doc. 05–2233 Filed 2–4–05; 8:45 am] longer exists, an NPRM to remove the navigation restrictions currently BILLING CODE 4910–15–P RNA is unnecessary. Similarly, it is imposed on mariners and make transit unnecessary to delay the effective date easier and quicker. The anticipated of the regulation beyond the date of beneficial result forms the basis for the DEPARTMENT OF HOMELAND publication on the Federal Register. determination that the economic impact SECURITY Background and Purpose will be minimal. Coast Guard The Regulated Navigation Area at 33 Small Entities CFR 165.735 Brunswick, Georgia, Turtle Under the Regulatory Flexibility Act 33 CFR Part 165 River, Vicinity of Sidney Lanier Bridge (5 U.S.C. 601–612), we have considered was introduced in 1987 to improve [CGD7–04–153] whether this rule would have a navigational safety after the old Sidney significant economic impact on a RIN 1625–AA11 Lanier Bridge had suffered allisions in substantial number of small entities. 1972 and 1987. The close proximity of The term ‘‘small entities’’ comprises Regulated Navigation Area Removal; the bridge to the turn from the East small businesses, not-for-profit Brunswick, GA, Turtle River, in the River onto the Turtle River, in organizations that are independently Vicinity of the Sidney Lanier Bridge conjunction with the heavy current and owned and operated and are not AGENCY: Coast Guard, DHS. narrow channel width, provided dominant in their fields, and ACTION: Final rule. insufficient time for many vessels governmental jurisdictions with departing the East River, outbound for populations of less than 50,000. SUMMARY: The Coast Guard is removing sea under the old Sydney Lanier Bridge, The Coast Guard certifies under 5 the regulated navigation area (RNA) in to properly shape up for safe transit. U.S.C. 605(b) that this rule will not have Brunswick, Georgia in the Turtle River The RNA requires every vessel over 500 a significant economic impact on a in the vicinity of the Sidney Lanier GRT departing the Port of Brunswick for substantial number of small entities. Bridge. Due to the construction of the sea to depart only from the Turtle River, The current Regulated Navigation Area new Sidney Lanier Bridge and the except during flood tide. Vessels over imposes restrictions on vessels removal of the old bridge structures, the 500 GRT departing for sea southbound transiting the area. The mariners who maneuvers required by the RNA are no down the East River negotiate a pilot the affected vessels have requested longer necessary to prevent allisions 129§ starboard turn, westward onto the this rule. The impact of this rule will be with the old bridge. Turtle River, transit up river to the a beneficial one as it removes
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restrictions, improves safety and Taking of Private Property technical standards (e.g., specifications enhances navigability. This rule will not affect a taking of of materials, performance, design, or operation; test methods; sampling Assistance for Small Entities private property or otherwise have taking implications under Executive procedures; and related management Under section 213(a) of the Small Order 12630, Governmental Actions and systems practices) that are developed or Business Regulatory Enforcement Interference with Constitutionally adopted by voluntary consensus Fairness Act of 1996 (Public Law 104– Protected Property Rights. standards bodies. 121), we want to assist small entities in Civil Justice Reform This rule does not use technical understanding this rule. If the rule standards. Therefore, we did not affects your small business, This rule meets applicable standards consider the use of voluntary consensus organization, or governmental in sections 3(a) and 3(b)(2) of Executive standards. jurisdiction and you have questions Order 12988, Civil Justice Reform, to concerning its provisions or options for minimize litigation, eliminate Environment ambiguity, and reduce burden. compliance, please contact LT We have analyzed this rule under Aloysious Zealy, Planning Officer, MSO Protection of Children Commandant Instruction M16475.lD, Savannah at 912–652–4353 ext. 240. We have analyzed this rule under which guides the Coast Guard in The Coast Guard will not retaliate Executive Order 13045, Protection of complying with the National against small entities that question or Children from Environmental Health Environmental Policy Act of 1969 complain about this rule or any policy Risks and Safety Risks. This rule is not (NEPA) (42 U.S.C. 4321–4370f), and or action of the Coast Guard. an economically significant rule and have concluded that there are no factors Small businesses may send comments would not create an environmental risk in this case that would limit the use of on the actions of Federal employees to health or risk to safety that might a categorical exclusion under section who enforce, or otherwise determine disproportionately affect children. 2.B.2 of the Instruction. Therefore, this compliance with, Federal regulations to Indian Tribal Governments rule is categorically excluded, under the Small Business and Agriculture figure 2–1, paragraph (34)(g), of the Regulatory Enforcement Ombudsman This rule does not have tribal Instruction, from further environmental and the Regional Small Business implications under Executive Order documentation. Paragraph (34)(g) Regulatory Fairness Boards. The 13175, Consultation and Coordination applies because this rule disestablishes Ombudsman evaluates these actions with Indian Tribal Governments, a Regulated Navigation Area, an action annually and rates each agency?s because it does not have a substantial expressly recognized by paragraph responsiveness to small business. If you direct effect on one or more Indian (34)(g). tribes, on the relationship between the wish to comment on actions by Federal Government and Indian tribes, Under figure 2–1, paragraph (34)(g), of employees of the Coast Guard, call 1– or on the distribution of power and the Instruction, an ‘‘Environmental 888–REG–FAIR (1–888–734–3247). responsibilities between the Federal Analysis Check List’’ and a ‘‘Categorical Collection of Information Government and Indian tribes. Exclusion Determination’’ are not required for this rule. This rule calls for no new collection Energy Effects List of Subjects in 33 CFR Part 165 of information under the Paperwork We have analyzed this rule under Reduction Act of 1995 (44 U.S.C. 3501– Executive Order 13211, Actions Harbors, Marine safety, Navigation 3520.). Concerning Regulations That (water), recordkeeping requirements, Significantly Affect Energy Supply, Security measures, Waterways. Federalism Distribution, or Use. We have I A rule has implications for federalism determined that it is not a ‘‘significant For the reasons discussed in the under Executive Order 13132, energy action’’ under that order because preamble, the Coast Guard amends 33 Federalism, if it has a substantial direct it is not a ‘‘significant regulatory action’’ CFR Part 165 as follows: effect on State or local governments and under Executive Order 12866 and is not PART 165—REGULATED NAVIGATION would either preempt State law or likely to have a significant adverse effect AREAS AND LIMITED ACCESS AREAS impose a substantial direct cost of on the supply, distribution, or use of compliance on them. We have analyzed energy. The Administrator of the Office of Information and Regulatory Affairs I 1. The authority for part 165 continues this rule under that Order and have to read as follows: determined that it does not have has not designated it as a significant implications for federalism. energy action. Therefore, it does not Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. require a Statement of Energy Effects Chapter 701; 50 U.S.C. 191, 195; 33 CFR Unfunded Mandates Reform Act under Executive Order 13211. 1.01–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. Technical Standards 107–295, 116 Stat. 2064; Department of The Unfunded Mandates Reform Act Homeland Security Delegation No. 0170.1. of 1995 (2 U.S.C. 1531–1538) requires The National Technology Transfer Federal agencies to assess the effects of and Advancement Act (NTTAA) (15 § 165.735 [Removed] their discretionary regulatory actions. In U.S.C. 272 note) directs agencies to use particular, the Act addresses actions voluntary consensus standards in their I 2. Section 165.735 is removed. that may result in the expenditure by a regulatory activities unless the agency Dated: January 21, 2005. State, local, or tribal government, in the provides Congress, through the Office of aggregate, or by the private sector of Management and Budget, with an D. Brian Peterman, $100,000,000 or more in any one year. explanation of why using these Rear Admiral, U.S. Coast Guard, Commander, Though this rule will not result in such standards would be inconsistent with Seventh Coast Guard District. expenditure, we do discuss the effects of applicable law or otherwise impractical. [FR Doc. 05–2237 Filed 2–4–05; 8:45 am] this rule elsewhere in this preamble. Voluntary consensus standards are BILLING CODE 4910–15–P
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DEPARTMENT OF HOMELAND immediate action is needed to protect promote the safe transit of vessels SECURITY mariners against potential hazards through ice-congested waters and the associated with ice and to ensure the continuation of waterborne commerce Coast Guard safety of the environment on the Upper throughout the winter season. Chesapeake Bay and its tributaries. Ice fields in the Upper Chesapeake 33 CFR Part 165 Bay and its tributaries move with Request for Comments prevailing winds and currents. Heavy [CGD05–05–008] Although we did not publish a notice ice buildups can occur in the C & D RIN 1625–AA00 of proposed rulemaking, we encourage Canal, from Town Point Wharf to Reedy you to participate in this rulemaking by Point. Other areas that are commonly Safety Zone; Upper Chesapeake Bay submitting comments and related affected by high volumes of ice are, the and Its Tributaries and the C & D materials. Elk River, Susquehanna River, Patapsco Canal, Maryland, Virginia, and If you do so, please include your River, Nanticoke River, Wicomico River, Washington, DC name and address, identify the docket Tangier Sound, Pocomoke River and number for this rulemaking (CGD05–05– AGENCY: Coast Guard, DHS. Sound, and the Potomac River. Once ice 008), indicate the specific section of this build up begins it can affect the transit ACTION: Temporary final rule; request for document to which each comment of large ocean-going vessels. comments. applies, and give the reason for each Ice reports over the last several years SUMMARY: The Coast Guard is comment. Please submit all comments have varied greatly on the Upper establishing a temporary safety zone in and related material in an unbound Chesapeake Bay and its tributaries. 1 all navigable waters of the Captain of format, no larger than 8 ⁄2 by 11 inches, Historically, ice has been reported as the Port Baltimore zone. This safety suitable for copying. If you would like NEW, FAST OR PACK ICE. The zone is necessary to protect mariners to know they reached us, please enclose percentage of ice covering the river has from the hazards associated with ice. a stamped, self-addressed postcard or been reported any where from 10% to The temporary safety zone restricts envelope. We will consider all 100%. The thickness has been reported 1 ″ ″ vessels from transiting the zone during comments and material received during any where from ⁄2 to 18 thick. the comment period. We may change ice season, unless authorized by the Discussion of Rule Captain of the Port Baltimore, Maryland this rule in view of them. The purpose of this regulation is to or designated representative through the Background and Purpose issuance of broadcast notice to mariners promote maritime safety, and to protect During a moderate or severe winter, and marine safety information bulletins. the environment and mariners transiting frozen waterways present numerous the area from the potential hazards due DATES: This rule is effective from hazards to vessels. Ice in a waterway to ice conditions that become a threat to January 24, 2005 until April 15, 2005. may hamper a vessel’s ability to navigation. This rule establishes a safety Comments must be received on or maneuver, and could cause visual aids zone encompassing all waters of the before March 9, 2005. to navigation to be submerged, COTP Baltimore zone. The COTP will ADDRESSES: Documents indicated in this destroyed or moved off station. Ice notify the maritime community, via preamble as being available in the abrasions and ice pressure could also marine broadcasts, of the location and docket are part of docket CGD05–05– compromise a vessel’s watertight thickness of the ice as well as the ability 008 and are available for inspection or integrity, and non-steel hulled vessels of vessels to transit through the safety copying at Commander, Coast Guard would be exposed to a greater risk of zone. Mariners allowed to travel Activities Baltimore, 2401 Hawkins hull breach. through the safety zone with the Point Road, Baltimore, Maryland When ice conditions develop to a permission of the COTP must maintain 21226–1791, between 8 a.m. and 4 p.m., point where vessel operations become a minimum safe speed, in accordance Monday through Friday, except Federal unsafe, it becomes necessary to impose with the Navigation Rules as seen in 33 holidays. operating restrictions to ensure the safe CFR Chapter I, Subchapters D and E. FOR FURTHER INFORMATION CONTACT: Mr. navigation of vessels. A safety zone is a Ice Condition One means the Ronald L. Houck, Coast Guard Activities tool available to the Captain of the Port emergency condition in which ice has Baltimore, at (410) 576–2674. (COTP) to restrict and manage vessel largely covered the upper Chesapeake SUPPLEMENTARY INFORMATION: movement when hazardous conditions Bay and its tributaries, and the C & D exist. The COTP Baltimore is Canal. Convoys are required and Regulatory Information establishing a safety zone within all restrictions to shaft horsepower and We did not publish a notice of navigable waters within the COTP vessel transit are imposed. proposed rulemaking (NPRM) for this Baltimore zone, which will restrict Ice Condition Two means the alert regulation. Under 5 U.S.C. 553(b)(B) and access to only those vessels meeting condition in which at least 2 inches of (d)(3), the Coast Guard finds that good conditions specified in broadcast notice ice begins to form in the Upper cause exists for not publishing a NPRM to mariners and marine safety Chesapeake Bay and its tributaries, and and for making this regulation effective information bulletins. the C & D Canal. The COTP Baltimore less than 30 days after publication in the Ice generally begins to form in the may impose restrictions, including but Federal Register. While formation of ice Upper Chesapeake Bay and its not limited to, shaft horsepower and generally occurs in the winter months, tributaries, including the Chesapeake hull type restrictions. predicting when ice will begin to form, and Delaware (C & D) Canal, in late Ice Condition Three means the where it will be located and the December or early January. During a readiness condition in which weather thickness of the ice is difficult and moderate or severe winter, ice in conditions are favorable for the depends on the weather conditions. Ice navigable waters can become a serious formation of ice in the navigable waters has just begun to form in the area of this problem, requiring the use of federal, of the Upper Chesapeake Bay and its safety zone. Publishing a NPRM and state and private ice breaking resources. tributaries, and the C & D Canal. Daily delaying its effective date would be The Commander, Coast Guard Activities reports for the Coast Guard Stations and contrary to public interest, since Baltimore will use its COTP authority to commercial vessels are monitored. (No
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limitations on vessel traffic, hull type or wish to comment on actions by Federal Government and Indian tribes, shaft horsepower). employees of the Coast Guard, call 1– or on the distribution of power and 888–REG–FAIR (1–888–743–3247). Regulatory Evaluation responsibilities between the Federal Collection of Information Government and Indian tribes. We This temporary rule is not a invite your comments on how this rule ‘‘significant regulatory action’’ under This rule calls for no new collection might impact tribal governments, even if section 3(f) of Executive Order 12866 of information under the Paperwork that impact may not constitute a ‘‘tribal and does not require an assessment of Reduction Act of 1995 (44 U.S.C. 3501– implication’’ under the Order. potential costs and benefits under 3520.). section 6(a)(3) of that Order. The Office Energy Effects of Management and Budget has not Federalism reviewed it under that Order. It is not A rule has implications for federalism We have analyzed this rule under significant under the regulatory policies under Executive Order 13132, Executive Order 12211, Actions and procedures of the Department of Federalism, if it has a substantial direct Concerning Regulations That Homeland Security (DHS). effect on State or local governments and Significantly Affect Energy Supply, We expect the economic impact of would either preempt State law or Distribution, or Use. We have this rule to be so minimal that a full impose a substantial direct cost of determined that it is not a ‘‘significant Regulatory Evaluation under the compliance on them. We have analyzed energy action’’ under that order because regulatory policies and procedures of this rule under that Order and have it is not a ‘‘significant regulatory action’’ DHS is unnecessary. determined that this rule does not have under Executive Order 12866 and is not implications for federalism. likely to have a significant adverse effect Small Entities on the supply, distribution, or use of Unfunded Mandates Reform Act Under the Regulatory Flexibility Act energy. It has not been designated by the (5 U.S.C. 601–612), we considered The Unfunded Mandates Reform Act Administrator of the Office of whether this rule would have a of 1995 (2 U.S.C. 1531–1538) requires Information and Regulatory Affairs as a significant economic impact on a Federal agencies to assess the effects of significant energy action. Therefore, it substantial number of small entities. their discretionary regulatory actions. In does not require a Statement of Energy The term ‘‘small entities’’ comprises particular, the Act addresses actions Effects under Executive Order 13211. small businesses, not-for-profit that may result in the expenditure by a organizations that are independently State, local or tribal government, in the Technical Standards owned and operated and are not aggregate, or by the private sector of dominant in their fields, and $100,000,000 or more in any one year. The National Technology Transfer governmental jurisdictions with Though this rule does not result in such and Advancement Act (NTTAA) (15 populations of less than 50,000. expenditure, we do discuss the effects of U.S.C. 272 note) directs agencies to use This rule will have virtually no this rule elsewhere in this preamble. voluntary consensus standards in their impact on any small entities. This rule regulatory activities unless the agency does not require a general notice of Taking of Private Property provides Congress, through the Office of proposed rulemaking and, therefore, it This rule does not effect a taking of Management and Budget, with an is exempt from the requirement of the private property or otherwise have explanation of why using these Regulatory Flexibility Act. Although taking implications under Executive standards would be inconsistent with this rule is exempt, we have reviewed Order 12630, Governmental Actions and applicable law or otherwise impractical. it for potential economic impact on Interference with Constitutionally Voluntary consensus standards are small entities. Protected Property Rights. technical standards (e.g., specifications The Coast Guard certifies under of materials, performance, design, or Civil Justice Reform section 605(b) of the Regulatory operation; test methods; sampling Flexibility Act (5 U.S.C 605(b)) that this This rule meets applicable standards procedures; and related management rule will not have a significant impact in sections 3(a) and 3(b)(2) of Executive systems practices) that are developed or on a substantial number of small Order 12988, Civil Justice Reform, to adopted by voluntary consensus entities. minimize litigation, eliminate standards bodies. This rule does not use ambiguity, and reduce burden. Assistance for Small Entities technical standards. Therefore, we did Protection of Children not consider the use of voluntary Under section 213(a) of the Small consensus standards. Business Regulatory Enforcement We have analyzed this rule under Fairness Act of 1996 (Pub. L. 104–121), Executive Order 13045, Protection of Environment we want to assist small entities in Children from Environmental Health understanding this rule so that they can Risks and Safety Risks. This rule is not We have analyzed this rule under better evaluate its effects on them and an economically significant rule and Commandant Instruction M16475.1D, participate in the rulemaking process. does not concern an environmental risk which guides the Coast Guard in Small businesses may send comments to health or risk to safety that may complying with the National on the actions of Federal employees disproportionately affect children. Environmental Policy Act of 1969 who enforce or otherwise determine (NEPA) (42 U.S.C. 4321–4370f), and compliance with Federal regulations to Indian Tribal Governments have concluded that, under figure 2–1, the Small Business and Agriculture This rule does not have tribal paragraph (34)(g), of Commandant Regulatory Enforcement Ombudsman implications under Executive Order Instruction M16475.1D, this rule is and the Regional Small Business 13175, Consultation and Coordination categorically excluded from further Regulatory Fairness Boards. The with Indian Tribal Governments, environmental documentation. A Ombudsman evaluates these actions because it does not have a substantial ‘‘Categorical Exclusion Determination’’ annually and rates each agency’s direct effect on one or more Indian is available in the docket where responsiveness to small business. If you tribes, on the relationship between the indicated under ADDRESSES.
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List of Subjects in 33 CFR Part 165 who has been authorized by the Captain Conformity Group, Transportation and Harbors, Marine safety, Navigation of the Port to act on his behalf. Regional Programs Division, U.S. (water), Reporting and record keeping Ice Condition One means the Environmental Protection Agency, 2000 requirements, Security measures, emergency condition in which ice has Traverwood Drive, Ann Arbor, MI Waterways. largely covered the Upper Chesapeake 48105, [email protected], Bay and its tributaries, and the C & D (734) 214–4574; or Laura Berry, State I For the reasons discussed in the Canal. Convoys are required and Measures and Conformity Group, preamble, the Coast Guard amends 33 restrictions to shaft horsepower and Transportation and Regional Programs CFR part 165 as follows: vessel transit are imposed. Division, U.S. Environmental Protection Ice Condition Two means the alert PART 165—REGULATED NAVIATION Agency, 2000 Traverwood Drive, Ann condition in which at least 2 inches of AREAS AND LIMITED ACCESS AREAS Arbor, MI 48105, [email protected], ice begins to form in the Upper (734) 214–4858. I 1. The authority citation for part 165 Chesapeake Bay and its tributaries, and SUPPLEMENTARY INFORMATION: EPA is continues to read as follows: the C & D Canal. The COTP Baltimore amending the table of currently may impose restrictions, including but Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. approved information collection request Chapter 701; 50 U.S.C. 191, 195; 33 CFR not limited to, shaft horsepower and (ICR) control numbers issued by OMB 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. hull type restrictions. for various regulations. The amendment 107–295, 116 Stat. 2064; Department of Ice Condition Three means the updates the table to list those Homeland Security Delegation No. 0170.1 readiness condition in which weather information collection requirements I 2. Add temporary § 165.T05–008 to conditions are favorable for the promulgated under the Transportation read as follows: formation of ice in the navigable waters Conformity Rule Amendments for the of the Upper Chesapeake Bay and its § 165.T05–008 Safety zone; Upper New 8-hour Ozone and PM2.5 National tributaries, including the C & D Canal. Ambient Air Quality Standards and Chesapeake Bay and its tributaries and the Daily reports for the Coast Guard C & D Canal, MD, VA and Washington, DC. Miscellaneous Revisions for Existing Stations and commercial vessels are Areas; Transportation Conformity Rule (a) Location. The following area is a monitored. (No limitations on vessel temporary safety zone: All navigable Amendments: Response to Court traffic, hull type or shaft horsepower). Decision and Additional Rule Changes, waters of the Captain of the Port, (d) Effective period. This section is which appeared in the Federal Register Baltimore zone. effective from January 24, 2005 until on July 1, 2004 (69 FR 40004). The (b) Regulations. All persons are April 15, 2005. required to comply with the general affected regulations are codified at 40 regulations governing safety zones in 33 Dated: January 24, 2005. CFR part 93. EPA will continue to CFR 165.23 of this part. Curtis A. Springer, present OMB control numbers in a (1) All vessel traffic is prohibited in Captain, U.S. Coast Guard, Captain of the consolidated table format to be codified the safety zone unless they meet the Port, Baltimore, Maryland. in 40 CFR part 9 of the Agency’s requirements set forth by the Captain of [FR Doc. 05–2218 Filed 2–4–05; 8:45 am] regulations, and in each CFR volume the Port by Marine Safety Radio BILLING CODE 4910–15–P containing EPA regulations. The table Broadcast on VHF–FM marine band lists CFR citations with reporting, radio, channel 22A (157.1 MHZ). recordkeeping, or other information (2) All Coast Guard assets enforcing ENVIRONMENTAL PROTECTION collection requirements, and the current this safety zone can be contacted on AGENCY OMB control numbers. This listing of VHF marine band radio, channels 13 the OMB control numbers and their and 16. The Captain of the Port can be 40 CFR Part 9 subsequent codification in the CFR satisfies the requirements of the contacted at (410) 576–2693. [FRL–7869–5] (3) All persons desiring to transit Paperwork Reduction Act (44 U.S.C. through the safety zone must contact the OMB Approvals Under the Paperwork 3501 et seq.) and OMB’s implementing Captain of the Port at telephone number Reduction Act; Technical Amendment regulations at 5 CFR part 1320. (410) 576–2693 or on VHF channel 13 This ICR was previously subject to or 16 to seek permission prior to AGENCY: Environmental Protection public notice and comment prior to transiting the area. If permission is Agency (EPA). OMB approval. Due to the technical granted, all persons and vessels shall ACTION: Final rule. nature of the table, EPA finds that comply with the instructions of the further notice and comment is SUMMARY: In compliance with the Captain of the Port Baltimore, MD or unnecessary. As a result, EPA finds that Paperwork Reduction Act (PRA), this designated representative. there is ‘‘good cause’’ under section (4) The Captain of the Port will notify technical amendment amends the table 553(b)(B) of the Administrative the public of any changes in the status that lists the Office of Management and Procedure Act, 5 U.S.C. 553(b)(B), to of this safety zone by Marine Safety Budget (OMB) control numbers issued amend this table without prior notice Radio Broadcast on VHF–FM marine under the PRA for Transportation and comment. Conformity Rule Amendments for the band radio, channel 22A (157.1 MHZ). I. Administrative Requirements (5) Mariners granted permission to New 8-hour Ozone and PM2.5 National transit the safety zone must maintain Ambient Air Quality Standards and Under Executive Order 12866 (58 FR the minimum safe speed necessary to Miscellaneous Revisions for Existing 51735, October 4, 1993), this action is maintain navigation as per 33 CFR Areas, Transportation Conformity Rule not a ‘‘significant regulatory action’’ and Chapter I, Subchapters D and E. Amendments: Response to Court is therefore not subject to review by the (c) Definitions. Decision and Additional Rule Changes. Office of Management and Budget. In Captain of the Port means the EFFECTIVE DATE: This final rule is addition, this action does not impose Commander, Coast Guard Activities effective February 7, 2005. any enforceable duty, contain any Baltimore or any Coast Guard FOR FURTHER INFORMATION CONTACT: unfunded mandate, or impose any commissioned warrant or petty officer Rudy Kapichak, State Measures and significant or unique impact on small
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governments as described in the Dated: January 28, 2005. DATES: This direct final rule will be Unfunded Mandates Reform Act of 1995 Oscar Morales, effective April 8, 2005, unless EPA (Public Law 104–4). This rule also does Director, Collection Strategies Division, Office receives adverse comments by March 9, not require prior consultation with of Information Collection. 2005. If adverse comments are received, State, local, and tribal government I For the reasons set out in the preamble, EPA will publish a timely withdrawal of officials as specified by Executive Order 40 CFR part 9 is amended as follows: the direct final rule in the Federal 12875 (58 FR 58093, October 28, 1993) Register informing the public that the or Executive Order 13084 (64 FR 27655 PART 9—[AMENDED] rule will not take effect. (May 10, 1998), or involve special I 1. The authority citation for part 9 ADDRESSES: Submit your comments, consideration of environmental justice continues to read as follows: identified by Regional Material in related issues as required by Executive EDocket (RME) ID Number R01–OAR– Order 12898 (59 FR 7629, February 16, Authority: 7. U.S.C. 135 et seq., 136–136y; 2004–ME–0003 by one of the following 1994). Because this action is not subject 15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 methods: to notice-and-comment requirements U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, under the Administrative Procedure Act 1. Federal eRulemaking Portal: 1321, 1326, 1330, 1342, 1344, 1345 (d) and http://www.regulations.gov. Follow the or any other statute, it is not subject to (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, the regulatory flexibility provisions of 1971–1975 Comp. p. 973; 42 U.S.C 241, 242b, on-line instructions for submitting the Regulatory Flexibility Act (5 U.S.C. 243, 246, 300f, 300f, 300g–1, 300g–2, 300g– comments. 601 et seq.). This rule also is not subject 3, 300g–4, 300g–5, 300g–6, 300j–1, 300j–2, 2. Agency Web site: http:// to Executive Order 13045 (62 FR 19885, 300j–3, 300j–4, 300j–9, 1857 et seq., 6901– docket.epa.gov/rmepub/ Regional April 23, 1997) because EPA interprets 6002k, 7401–7671q, 7542, 9601–9657, 11023, Material in EDocket (RME), EPA’s 11048. E.O. 13045 as applying only to those electronic public docket and comment regulatory actions that are based on I 2. In § 9.1 the table is amended by system, is EPA’s preferred method for health or safety risks, such that the adding a new entry to read as follows: receiving comments. Once in the analysis required under section 5–501 of system, select ‘‘quick search,’’ then key § 9.1 OMB approvals under the Paperwork in the appropriate RME Docket the Order has the potential to influence Reduction Act. the regulation. This rule is not subject identification number. Follow the on- to E.O. 13045 because it does not * * * * * line instructions for submitting establish an environmental standard comments. OMB control intended to mitigate health or safety 40 CFR citation No. 3. E-mail: [email protected]. risks. EPA’s compliance with these 4. Fax: (617) 918–0661. statutes and Executive Orders for the underlying rule is discussed in the July ***** 5. Mail: ‘‘RME ID Number R01–OAR– 1, 2004, Federal Register notice. Determining Coformity of Federal Actions to 2004–ME–003’’ David Conroy, U.S. State or Federal Implementation Plans Environmental Protection Agency, EPA Congressional Review Act New England Regional Office, One Part 93, subpart A ...... 2060–0561 The Congressional Review Act, 5 Congress Street, Suite 1100 (mail code CAQ), Boston, MA 02114–2023. U.S.C. 801 et seq., as added by the Small ***** Business Regulatory Enforcement 6. Hand Delivery or Courier. Deliver Fairness Act of 1996, generally provides [FR Doc. 05–2306 Filed 2–4–05; 8:45 am] your comments to: David Conroy, Unit that before a rule may take effect, the BILLING CODE 6560–50–M Manager, Air Quality Planning, Office of agency promulgating the rule must Ecosystem Protection, U.S. submit a rule report, which includes a Environmental Protection Agency, EPA copy of the rule, to each House of the ENVIRONMENTAL PROTECTION New England Regional Office, One Congress and to the Comptroller General AGENCY Congress Street, 11th floor, (CAQ), of the United States. Section 808 allows Boston, MA 02114–2023. Such the issuing agency to make a good cause 40 CFR Part 52 deliveries are only accepted during the finding that notice and public procedure [R01–OAR–2004–ME–0003; A–1–FRL–7863– Regional Office’s normal hours of is impracticable, unnecessary or 2] operation. The Regional Office’s official contrary to the public interest. This hours of business are Monday through determination must be supported by a Approval and Promulgation of Air Friday, 8:30 to 4:30, excluding federal brief statement. 5 U.S.C. 808(2). As Quality Implementation Plans; Maine; Holidays. stated previously, EPA has made such a Portable Fuel Containers Instructions: Direct your comments to good cause finding, including the AGENCY: Environmental Protection Regional Material in EDocket (RME) ID reasons therefor, and established an Agency (EPA). Number R01–OAR–2004–ME–0003. effective date of February 7, 2005. EPA ACTION: Direct final rule. EPA’s policy is that all comments will submit a report containing this rule received will be included in the public and other required information to the SUMMARY: EPA is approving a State docket without change and may be U.S. Senate, the U.S. House of Implementation Plan (SIP) revision made available online at http:// Representatives, and the Comptroller submitted by the State of Maine. This docket.epa.gov/rmepub/, including any General of the United States prior to revision establishes requirements to personal information provided, unless publication of the rule in the Federal reduce volatile organic compound the comment includes information Register. This action is not a ‘‘major (VOC) emissions from portable fuel claimed to be Confidential Business rule’’ as defined by U.S.C. 804(2). containers. The intended effect of this Information (CBI) or other information List of Subjects in 40 CFR Part 9 action is to approve these requirements whose disclosure is restricted by statute. into the Maine SIP. EPA is taking this Do not submit information that you Environmental protection, Reporting action in accordance with the Clean Air consider to be CBI or otherwise and recordkeeping requirements. Act (CAA). protected through Regional Material in
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EDocket (RME), regulations.gov, or e- electronically in Regional Material in SIP, the state did not submit the word mail. The EPA RME website and the EDocket, and the hard copy available at ‘‘or’’ in subsection 7(C) of Chapter 155.1 federal regulations.gov website are the Regional Office, which are identified In adopting Chapter 155, Maine was ‘‘anonymous access’’ systems, which in the ADDRESSES section above, copies responding to a comment from EPA on means EPA will not know your identity of the State submittal and EPA’s this subsection in which EPA made it or contact information unless you technical support document are also clear that any alternative test methods provide it in the body of your comment. available for public inspection during would have to be approved by both If you send an e-mail comment directly normal business hours, by appointment Maine DEP and EPA. DEP inadvertently to EPA without going through RME or at the Bureau of Air Quality Control, used the formulation ‘‘and/or’’ to regulations.gov, your e-mail address Department of Environmental respond to EPA’s comment, despite the will be automatically captured and Protection, First Floor of the Tyson fact that it is DEP’s intent and included as part of the comment that is Building, Augusta Mental Health commitment to EPA that any alternative placed in the public docket and made Institute Complex, Augusta, ME 04333– test methods will have to be approved available on the Internet. If you submit 0017. by both DEP and EPA Therefore, DEP an electronic comment, EPA deleted the word ‘‘or’’ from subsection II. Rulemaking Information recommends that you include your 7(C) when DEP submitted it to EPA for name and other contact information in This section is organized as follows: approval to clarify DEP’s intent in the body of your comment and with any A. What Action is EPA Taking? implementing this provision. disk or CD–ROM you submit. If EPA B. What Are the Requirements of Maine’s The OTC (Ozone Transport cannot read your comment due to New Regulation? Commission) has developed model rules C. Why Is EPA Approving Maine’s technical difficulties and cannot contact Regulation? for several VOC source categories, and you for clarification, EPA may not be D. What Is the Process for EPA To Approve the OTC states, including Maine, have able to consider your comment. This SIP Revision? signed a memorandum of understanding Electronic files should avoid the use of (MOU) committing to adopt these model special characters, any form of A. What Action Is EPA Taking? rules. One of the categories for which a encryption, and be free of any defects or EPA is approving Maine’s Chapter model rule has been developed is viruses. 155, ‘‘Portable Fuel Container Spillage portable fuel containers. (See ‘‘OTC Docket: All documents in the Control,’’ and incorporating this Model Rule: Portable Fuel Container electronic docket are listed in the regulation into the Maine SIP. Spillage Control,’’ March 6, 2001.) Regional Material in EDocket (RME) The OTC model rule for portable fuel B. What Are the Requirements of index at http://docket.epa.gov/rmepub/. containers was based on a similar rule Maine’s New Regulation? Although listed in the index, some adopted by the California Air Resources information is not publicly available, Chapter 155 includes performance Board (CARB). Compliance with CARB’s i.e., CBI or other information whose standards for portable fuel containers rule was due in January 2001. Several disclosure is restricted by statute. and spouts in order to ensure spill-proof other OTC states have also recently Certain other material, such as systems. Chapter 155 prohibits any adopted a portable fuel container rule copyrighted material, is not placed on person to sell, supply, offer for sale, or based on the OTC model rule and EPA the Internet and will be publicly manufacture for sale in Maine, on or has already approved some of these available only in hard copy form. after January 1, 2004, any portable fuel states’ rules.2 container or spout that does meet all of Publicly available docket materials are D. What Is the Process for EPA To the specified performance standards. available either electronically in RME or Approve This SIP Revision? in hard copy at the Office of Ecosystem However, there is a one year sell- Protection, U.S. Environmental through period whereby containers and The EPA is publishing this rule Protection Agency, EPA New England spouts manufactured before January 1, without prior proposal because the Regional Office, One Congress Street, 2004 may be sold, supplied, or offered Agency views this as a noncontroversial Suite 1100, Boston, MA. EPA requests for sale until January 1, 2005. The rule amendment and anticipates no adverse that if at all possible, you contact the also includes the appropriate testing comments. However, in the proposed rules section of this Federal Register contact listed in the FOR FURTHER and recordkeeping requirements to publication, EPA is publishing a INFORMATION CONTACT section to ensure compliance with the specified separate document that will serve as the schedule your inspection. The Regional performance standards. proposal to approve the SIP revision Office’s official hours of business are C. Why Is EPA Approving Maine’s should adverse comments be filed. This Monday through Friday, 8:30 to 4:30, Regulation? action will be effective April 8, 2005 excluding federal Holidays. EPA has evaluated Maine’s Chapter without further notice unless the EPA FOR FURTHER INFORMATION CONTACT: 155 and has found that this regulation receives adverse comments by March 9, Anne Arnold, Air Quality Planning is consistent with EPA guidance and the 2005. Unit, U.S. Environmental Protection OTC model rule for portable fuel If the EPA receives such comments, Agency, EPA New England Regional containers. The specific requirements of then EPA will publish a document Office, One Congress Street, Suite 1100 the regulation and EPA’s evaluation of withdrawing the final rule and (CAQ), Boston, MA 02114–2023, (617) these requirements are detailed in a informing the public that the rule will 918–1047, [email protected]. memorandum dated December 22, 2004, SUPPLEMENTARY INFORMATION: entitled ‘‘Technical Support 1 Subsection 7(C) reads ‘‘Alternative methods that are shown to be accurate, precise and appropriate I. General Information Document—Maine—Portable Fuel may be used upon written approval of the Containers Regulation’’ (TSD). The TSD Department and/or EPA.’’ When submitting Chapter A. How Can I Get Copies of This and Maine’s Chapter 155 are available 155 to EPA for approval into the SIP, Maine deleted Document and Other Related in the docket supporting this action. ‘‘/or’’ from this sentence. Information? 2 For example, EPA approved the portable fuel As noted in the TSD, when Maine container rules adopted by New York and Maryland In addition to the publicly available submitted this regulation for approval on January 23, 2004 (69 FR 3237), and June 29, 2004 docket materials available for inspection and incorporation by reference into the (69 FR 38848), respectively.
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not take effect. All public comments levels of government, as specified in Filing a petition for reconsideration by received will then be addressed in a Executive Order 13132 (64 FR 43255, the Administrator of this final rule does subsequent final rule based on the August 10, 1999), because it merely not affect the finality of this rule for the proposed rule. The EPA will not approves a state rule implementing a purposes of judicial review nor does it institute a second comment period. federal standard, and does not alter the extend the time within which a petition Parties interested in commenting should relationship or the distribution of power for judicial review may be filed, and do so at this time. If no such comments and responsibilities established in the shall not postpone the effectiveness of are received, the public is advised that Clean Air Act. This rule also is not such rule or action. This action may not this rule will be effective on April 8, subject to Executive Order 13045 be challenged later in proceedings to 2005 and no further action will be taken ‘‘Protection of Children from enforce its requirements. (See section on the proposed rule. Environmental Health Risks and Safety 307(b)(2).) Risks’’ (62 FR 19885, April 23, 1997), III. Final Action because it is not economically List of Subjects in 40 CFR Part 52 EPA is approving Maine’s Chapter significant. Environmental protection, Air 155, ‘‘Portable Fuel Container Spillage In reviewing SIP submissions, EPA’s pollution control, Incorporation by Control,’’ and incorporating this role is to approve state choices, reference, Ozone, Reporting and regulation into the Maine SIP. provided that they meet the criteria of recordkeeping requirements, Volatile IV. Statutory and Executive Order the Clean Air Act. In this context, in the organic compounds. Reviews absence of a prior existing requirement for the State to use voluntary consensus Dated: January 12, 2005. Under Executive Order 12866 (58 FR standards (VCS), EPA has no authority Robert W. Varney, 51735, October 4, 1993), this action is to disapprove a SIP submission for Regional Administrator, EPA New England. not a ‘‘significant regulatory action’’ and failure to use VCS. It would thus be I Part 52 of chapter I, title 40 of the Code therefore is not subject to review by the inconsistent with applicable law for of Federal Regulations is amended as Office of Management and Budget. For EPA, when it reviews a SIP submission, follows: this reason, this action is also not to use VCS in place of a SIP submission subject to Executive Order 13211, that otherwise satisfies the provisions of PART 52—[AMENDED] ‘‘Actions Concerning Regulations That the Clean Air Act. Thus, the Significantly Affect Energy Supply, requirements of section 12(d) of the I 1. The authority citation for part 52 Distribution, or Use’’ (66 FR 28355, May National Technology Transfer and continues to read as follows: 22, 2001). This action merely approves Advancement Act of 1995 (15 U.S.C. Authority: 42 U.S.C. 7401 et seq. state law as meeting Federal 272 note) do not apply. This rule does requirements and imposes no additional not impose an information collection Subpart U—Maine requirements beyond those imposed by burden under the provisions of the state law. Accordingly, the Paperwork Reduction Act of 1995 (44 I 2. Section 52.1020 is amended by Administrator certifies that this rule U.S.C. 3501 et seq.). adding paragraph (c)(53) to read as will not have a significant economic The Congressional Review Act, 5 follows: impact on a substantial number of small U.S.C. 801 et seq., as added by the Small § 52.1020 Identification of plan. entities under the Regulatory Flexibility Business Regulatory Enforcement Act (5 U.S.C. 601 et seq.). Because this Fairness Act of 1996, generally provides * * * * * rule approves pre-existing requirements that before a rule may take effect, the (c) * * * under state law and does not impose agency promulgating the rule must (53) Revisions to the State any additional enforceable duty beyond submit a rule report, which includes a Implementation Plan submitted by the that required by state law, it does not copy of the rule, to each House of the Maine Department of Environmental contain any unfunded mandate or Congress and to the Comptroller General Protection on December 29, 2003, significantly or uniquely affect small of the United States. EPA will submit a October 22, 2004, and December 9, governments, as described in the report containing this rule and other 2004. Unfunded Mandates Reform Act of 1995 required information to the U.S. Senate, (i) Incorporation by reference. (Public Law 104–4). the U.S. House of Representatives, and (A) Chapter 155 of the Maine This rule also does not have tribal the Comptroller General of the United Department of Environmental Protection implications because it will not have a States prior to publication of the rule in Regulations, ‘‘Portable Fuel Container substantial direct effect on one or more the Federal Register. A major rule Spillage Control,’’ effective in the State Indian tribes, on the relationship cannot take effect until 60 days after it of Maine on July 14, 2004, with the between the Federal Government and is published in the Federal Register. exception of the word ‘‘or’’ in Indian tribes, or on the distribution of This action is not a ‘‘major rule’’ as Subsection 7C which Maine did not power and responsibilities between the defined by 5 U.S.C. 804(2). submit as part of the SIP revision. Federal Government and Indian tribes, Under section 307(b)(1) of the Clean (ii) Additional materials. as specified by Executive Order 13175 Air Act, petitions for judicial review of (A) Nonregulatory portions of the (65 FR 67249, November 9, 2000). This this action must be filed in the United submittal. action also does not have Federalism States Court of Appeals for the 3. In § 52.1031, Table 52.1031 is implications because it does not have appropriate circuit by April 8, 2005. amended by adding a new state citation, substantial direct effects on the States, Interested parties should comment in 155, to read as follows: on the relationship between the national response to the proposed rule rather government and the States, or on the than petition for judicial review, unless § 52.1031 EPA-approved Maine distribution of power and the objection arises after the comment regulations. responsibilities among the various period allowed for in the proposal. * * * * *
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TABLE 52.1031.—EPA-APPROVED RULES AND REGULATIONS
Date Date State citation Title/Subject adopted by approved Federal Register 52.1020 State by EPA citation
******* 155 ...... Portable Fuel Con- 6/3/04 2/7/05 [Insert FR citation (c)(53) All of Chapter 155 is approved with the tainer Spillage from published exception of the word ‘‘or’’ in Sub- Control. date]. section 7C which Maine did not submit as part of the SIP revision.
******* Note.—1. The regulations are effective statewide unless stated otherwise in comments section.
[FR Doc. 05–2060 Filed 2–4–05; 8:45 am] will publish a timely withdrawal in the regulations.gov websites are BILLING CODE 6560–50–P Federal Register indicating which ‘‘anonymous access’’ systems, which provisions will become effective, and means EPA will not know your identity which provisions are being withdrawn or contact information unless you ENVIRONMENTAL PROTECTION due to adverse comment. provide it in the body of your comment. AGENCY ADDRESSES: Submit your comments, If you send an e-mail comment directly identified by Docket ID No. OAR–2003– to EPA without going through 40 CFR Part 63 0194, by one of the following methods: EDOCKET or regulations.gov, your e- • [OAR–2003–0194; FRL–7869–7] Federal eRulemaking Portal: http:// mail address will be automatically www.regulations.gov. Follow the on-line captured and included as part of the RIN 2060–AL89 instructions for submitting comments. comment that is placed in the public • Agency Web site: http:// National Emission Standards for docket and made available on the www.epa.gov/edocket. EDOCKET, EPA’s internet. If you submit an electronic Hazardous Air Pollutants for Leather electronic public docket and comment comment, EPA recommends that you Finishing Operations system, is EPA’s preferred method for include your name and other contact receiving comments. Follow the on-line AGENCY: Environmental Protection information in the body of your Agency (EPA). instructions for submitting comments. • E-mail: [email protected]. comment and with any disk or CD–ROM ACTION: Direct final rule; amendments. • Fax: (202) 566–1741. you submit. If EPA cannot read your • Mail: EPA Docket Center, EPA, comment due to technical difficulties SUMMARY: The EPA is taking direct final Mailcode: 6102T, 1200 Pennsylvania and cannot contact you for clarification, action on amendments to the national Avenue, NW., Washington, DC 20460. EPA may not be able to consider your emission standards for hazardous air Please include a duplicate copy, if comment. Electronic files should avoid pollutants (NESHAP) for leather possible. the use of special characters, any form finishing operations, which were issued • Hand Delivery: Air and Radiation of encryption, and be free of any defects on February 27, 2002, under section 112 Docket, EPA, 1301 Constitution Avenue, or viruses. For additional information of the Clean Air Act (CAA). The direct NW., Room B–108, Washington, DC about EPA’s public docket visit final amendments clarify the frequency 20460. Such deliveries are only EDOCKET on-line or see the Federal for categorizing leather product process accepted during the Docket’s normal Register of May 31, 2002 (67 FR 38102). types, modify the definition of hours of operation, and special Docket: All documents in the docket ‘‘specialty leather,’’ add a definition for arrangements should be made for ‘‘vacuum mulling,’’ and add an are listed in the EDOCKET index at deliveries of boxed information. http://www.epa.gov/edocket. Although alternative procedure for determining We request that a separate copy also listed in the index, some information is the actual monthly solvent loss from an be sent to the contact person listed not publicly available, i.e., CBI or other affected source. We are issuing the below (see FOR FURTHER INFORMATION information whose disclosure is amendments as a direct final rule, CONTACT). without prior proposal, because we Instructions: Direct your comments to restricted by statute. Certain other view the revisions as noncontroversial Docket ID No. OAR–2003–0194. EPA’s material, such as copyrighted material, and anticipate no significant adverse policy is that all comments received is not placed on the Internet and will be comments. However, in the Proposed will be included in the public docket publicly available only in hard copy Rules section of this Federal Register, without change and may be made form. Publicly available docket we are publishing a separate document available online at http://www.epa.gov/ materials are available either that will serve as the proposal to amend edocket, including any personal electronically in EDOCKET or in the national emission standards for information provided, unless the hardcopy at the Air and Radiation leather finishing operations if comment includes information claimed Docket, EPA/DC, EPA West, Room significant adverse comments are filed. to be Confidential Business Information B102, 1301 Constitution Ave., NW., DATES: The direct final rule is effective (CBI) or other information whose Washington, DC. The Public Reading on February 28, 2005 without further disclosure is restricted by statute. Do Room is open from 8:30 a.m. to 4:30 notice, unless EPA receives adverse not submit information that you p.m., Monday through Friday, excluding written comment by February 17, 2005 consider to be CBI or otherwise legal holidays. The telephone number or by February 22, 2005 if a public protected through EDOCKET, for the Public Reading Room is (202) hearing is requested. If significant regulations.gov, or e-mail. The EPA 566–1744, and the telephone number for adverse comments are received, EPA EDOCKET and the federal the Air Docket is (202) 566–1742.
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FOR FURTHER INFORMATION CONTACT: Mr. electronic mail (e-mail) address: the rule amendments immediately William Schrock, Organic Chemicals [email protected]. effective upon the close of the comment Group, Emission Standards Division period, within the meaning of 5 U.S.C. (C504–04), Office of Air Quality SUPPLEMENTARY INFORMATION: Since section 553(d). Planning and Standards, U.S. EPA, these rule amendments do not add Regulated Entities. Categories and Research Triangle Park, North Carolina substantive requirements and ease entities potentially regulated by this 27711; telephone number (919) 541– certain compliance obligations, EPA 5032; facsimile number (919) 541–3470; finds that there is good cause to make action include:
Category NAICS * code Examples of regulated entities
Industry ...... 3161 Leather finishing operations. 31611 Leather finishing operations. 316110 Leather finishing operations. Federal government ...... Not affected. State/local/tribal government ...... Not affected. * North American Industrial Classification System.
This table is not intended to be subsequent final rule, should the F. Executive Order 13175, Consultation exhaustive, but rather provides a guide Agency determine to issue one. Any of and Coordination with Indian Tribal for readers regarding entities likely to be the distinct amendments in today’s Governments regulated by this action. To determine G. Executive Order 13045, Protection of direct final rule for which we do not Children from Environmental Health whether your facility is regulated by this receive significant adverse comment Risks and Safety Risks action, you should carefully examine will become effective on the previously H. Executive Order 13211, Actions the applicability criteria in 40 CFR mentioned date. We will not institute a Concerning Regulations that 63.5285. If you have any questions second comment period on the direct Significantly Affect Energy Supply, regarding the applicability of this action final rule amendments. Any parties Distribution or Use to a particular entity, consult the person interested in commenting must do so at I. National Technology Transfer and Advancement Act of 1995 listed in the preceding FOR FURTHER this time. J. Congressional Review Act INFORMATION CONTACT section. Judicial Review. Under section Worldwide Web (WWW). In addition 307(b)(1) of the CAA, judicial review of I. Background to being available in the docket, an the direct final rule amendments is The EPA promulgated NESHAP for electronic copy of today’s document available only by filing a petition for leather finishing operations on February will also be available on the WWW review in the U.S. Court of Appeals for 27, 2002 (67 FR 9156). The final rule (40 through EPA’s Technology Transfer the District of Columbia Circuit by CFR part 63, subpart TTTT) includes Network (TTN). Following signature by February 28, 2005. Under section standards for hazardous air pollutants the EPA Administrator, a copy of the 307(d)(7)(B) of the CAA, only an (HAP), as well as monitoring, direct final rule amendments will be objection to the direct final rule performance testing, recordkeeping, and posted on the TTN’s policy and amendments which was raised with reporting requirements related to those guidance page for newly proposed or reasonable specificity during the period standards. Today’s action includes promulgated rules at http:// for public comment can be raised during direct final rule amendments to clarify www.epa.gov/ttn/oarpg. The TTN judicial review. Moreover, under section the frequency for categorizing leather provides information and technology 307(b)(2) of the CAA, the requirements product process types, modify the exchange in various areas of air established by the direct final rule definition of ‘‘specialty leather,’’ add a pollution control. If more information amendments may not be challenged definition for ‘‘vacuum mulling,’’ and regarding the TTN is needed, call the separately in any civil or criminal add an alternative procedure for TTN HELP line at (919) 541–5384. proceedings brought by EPA to enforce determining the actual monthly solvent Comments. We are publishing the these requirements. loss from an affected source. direct final rule amendments without Outline. The following outline is prior proposal because we view the A. Frequency of Testing for Product provided to aid in reading the preamble Process Type Categorization amendments as noncontroversial and do to the direct final rule amendments. not anticipate significant adverse We noticed that the promulgated comments. However, in the Proposed I. Background standards were silent regarding how Rules section of this Federal Register A. Frequency of Testing for Product often an affected source will perform Process Type Categorization notice, we are publishing a separate B. Revised Specialty Leather Definition appropriate testing to properly document that will serve as the proposal C. Alternative Procedure for Determining categorize each finish application in one to amend the national emission Actual Solvent Loss of four leather product process standards for leather finishing II. Amendments to 40 CFR Part 63, Subpart operations: (1) Upholstery operations operations if significant adverse TTTT with less than four grams of finish add- comments are filed. If we receive any III. Statutory and Executive Order Reviews ons, (2) upholstery operations with four significant adverse comments on one or A. Executive Order 12866, Regulatory grams or more of finish add-ons, (3) more distinct amendments, we will Planning and Review water-resistant/specialty, and (4) publish a timely withdrawal in the B. Paperwork Reduction Act nonwater-resistant. In the final rule, to C. Regulatory Flexibility Act (RFA), as Federal Register informing the public Amended by the Small Business determine whether a leather finish which provisions will become effective, Regulatory Enforcement Fairness Act of application is categorized as ‘‘water- and which provisions are being 1996 (SBREFA), 5 U.S.C. 601 et seq. resistant’’ or ‘‘nonwater-resistant,’’ you withdrawn due to adverse comment. We D. Unfunded Mandates Reform Act must use the Maeser Flexes test method will address all public comments in a E. Executive Order 13132, Federalism on finished leather samples according to
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American Society for Testing and In a letter sent via a facsimile on noted above, one of the reasons for Materials (ASTM) Designation D2099– December 3, 2002, Horween Leather using higher solvent coatings was to 00, or use an alternative testing method provided EPA with technical achieve a higher level of adhesion. approved by the Administrator (40 CFR information relating to the solvent Vacuum mulling and prolonged ironing 63.5345–63.5350). We are amending the content of the coatings required for their are used as an indicator of coating final rule to clarify that once you have proposed specialty leather products and adhesion to the leather substrate and determined that a unique finish the oil, fat, and grease content of the are, therefore, being incorporated into application corresponds to one of the retanned leather. This information the definition. Incorporating these four product process operations, the clearly showed that higher solvent criteria into a revised specialty leather applied finish categorization can remain coatings were required to achieve definition allows for these mostly low- valid for up to 5 years, provided there satisfactory product qualities down to production quantities of high-quality are no changes in the applied finish some oil, fat, and grease content of dress or performance shoe leathers to be chemical characteristics. However, if the approximately 12 percent. EPA appropriately categorized as ‘‘specialty chemical characteristics of the applied discussed this information with leather’’ products. representatives of Horween, as well as finish change, or if you operate for 5 C. Alternative Procedure for with coatings experts for the leather years with an unchanged applied finish Determining Actual Solvent Loss formula, you must re-categorize the industry, to determine whether applied finish using appropriate testing alternatives for the higher solvent After promulgation of the final rule, procedures to document the leather coatings could be used with lower oil, we received several comment letters on product process operation to which the fat, and grease content leather and behalf of the trade organization, Leather applied finish will correspond. Thus, achieve the same results. After Industries of America (LIA), and two once a leather finish application has considering these discussions and leather finishing companies (Prime been categorized through proper reviewing the data, EPA determined that Tanning Company and S.B. Foot documentation, you will need to renew the only means of producing this leather Tanning Company). The primary issue the categorization every 5 years or when with the lower fat, oil, and grease centered on the potential recordkeeping the applied finish chemical content and achieving the same results burden of a finish inventory log to characteristics change, whichever is by revising the specialty leather determine the actual monthly solvent occurs sooner. definition. loss from an affected source. As stated The revised specialty leather in the final rule, each source must B. Revised Specialty Leather Definition definition in the direct final rule record the pounds of each type of finish applied for each leather product process The definition of specialty leather in amendments lowers the minimum operation and the mass fraction of HAP the final rule states that it is a select percentage of applied grease, waxes, and in each applied finish. The basis for this grade of chrome tanned, bark retanned, oil used for retanning the leather to greater than 12 percent of the dry type of recordkeeping was that each or fat liquored leather that is retanned leather weight. This revision enables source knew the chemical composition through the application of greases, leather finishers to use the higher of each applied finish and was capable waxes, and oils in quantities greater solvent coatings required to achieve the of measuring the amount of finish as than 25 percent of the dry leather desired results since no other options applied to each leather product; thus, a weight. The specialty leather definition exist. The Agency estimates that this ‘‘measure-as-you-directly-apply’’ was added to the final rule after change in definition will only affect one approach appears generally reasonable. commenters to the proposed rule noted or two facilities that produce this Two leather finishing companies that leather that has been retanned with specialty leather and will enable them indicated that current company greater than 25 percent greases, fats, and to meet market demand for products practices determine actual monthly oils requires finishing with coatings that with a lower fat, oil, and grease content. solvent loss through mass balance contain more solvents and, therefore, The fraction of leather produced at these calculations based on a detailed more HAP to achieve proper adhesion of facilities that will be affected by this inventory of stored chemicals, at the the finish to the leather and produce the change is estimated to be approximately beginning- and end-of-each month, and color and textures the market demands. 3 percent of their total amount of leather business purchasing records to indicate While the definition in the final rule finished in a year. This change will additions to the inventory of chemical appeared to cover all the specialty therefore have the effect of moving this supplies. Thus, the net loss of finishing leather produced at the time, one leather quantity of leather from the non-water solvents is determined by subtracting finishing company (Horween Leather resistant leather category with an the end-of-the month chemical Company) raised the issue that they emission limit of 3.7 pounds of HAP inventory from the beginning-of-the- finish leather that should meet the loss per 1,000 square feet of leather month chemical inventory and adding definition of ‘‘specialty’’ based on the finished to the water resistant/specialty the quantities of all chemicals amount of solvent they are required to leather category with an emission limit purchased during the same 1-month use in the coatings. These products, of 5.6 pounds of HAP loss per 1,000 period. Typically, a unique finish however, did not meet the definition of square feet of leather finished. application is prepared by removing specialty leather in the final rule. In In addition to lowering the percentage known quantities of chemicals from a fact, in order to produce some high- of oil, fat, and grease, we are revising storage location, and the unique finish quality dress or performance shoe the specialty leather definition to also is formulated in a separate location, leathers, higher solvent-based finishes include high-quality dress or commonly referred to as a mixing room. are required to provide the rich color, performance shoe leather that can In situations when an excess amount of luster, or an oily/tacky feel demanded withstand one or both of the following finish is formulated, the companies by the market. These leathers are visual tests: Moisture injection into the indicated that the excess amount is produced by retanning with oils, fat, leather using vacuum mulling without generally accounted for in the mass and greases of less than 25 percent signs of blistering, or prolonged ironing balance procedures as consumed by the which does not qualify them for the at 200 °F for smoothing out surface process (i.e., fugitive solvent loss). This specialty leather category. roughness without finish lift off. As assumption is often taken as a
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simplifying step which results in a II. Amendments to 40 CFR Part 63, requirements of the Executive Order. conservative and slightly overestimated Subpart TTTT The Executive Order defines measure of the solvent loss. Excess Today’s action includes amendments ‘‘significant regulatory action’’ as one finish may eventually be used in other that add an alternative procedure for that is likely to result in a rule that may: finish applications; thus, its use and determining the actual monthly solvent (1) Have an annual effect on the consumption by the process may not be loss from an affected source, clarify the economy of $100 million or more or immediate. Nonetheless, the excess frequency in which leather product adversely affect in a material way the amount is immediately accounted for as process types must be categorized, economy, a sector of the economy, a solvent loss. modify the definition of ‘‘specialty productivity, competition, jobs, the leather,’’ and add a definition for environment, public health or safety, or In other situations, the companies State, local, or tribal governments or indicated they may choose to dispose of ‘‘vacuum mulling.’’ Section 63.5335 of 40 CFR part 63 is communities; the excess finish and make an amended by adding a new alternative (2) Create a serious inconsistency or appropriate adjustment in their requirement for maintaining a finish otherwise interfere with an action taken corresponding mass balance application log based on a detailed or planned by another agency; calculations. If the disposed quantities chemical inventory mass balance. This (3) Materially alter the budgetary of finish are small, the companies may was accomplished by splitting impact of entitlements, grants, user fees, choose to record the disposed quantity paragraph (b) into two subparagraphs to or loan programs or the rights and in the mass balance as consumed by the list the two acceptable methodologies obligations of recipients thereof; or, (4) Raise novel legal or policy issues process (i.e., fugitive solvent loss). for determining actual monthly solvent arising out of legal mandates, the Again, this assumption is a simplifying loss from an affected source. The President’s priorities, or the principles step which results in a conservative and revised paragraph (b)(1) includes the set forth in the Executive Order. slightly overestimated measure of the previous requirements for maintaining a It has been determined that the direct solvent loss. However, the companies log of finish types as they are applied final rule amendments are not a may choose to record the quantity as to a leather product process. Previously, ‘‘significant regulatory action’’ under disposed and remove the quantity from these requirements were listed in the terms of Executive Order 12866 and the mass balance, so it is neither listed paragraphs (b)(1) through (7) of are, therefore, not subject to OMB as released to the air nor is the quantity § 63.5335. However, the requirements review. of solvent listed as remaining in the have been redesignated, without any inventory. further changes, as paragraphs (b)(1)(i) B. Paperwork Reduction Act through (vii). Paragraph (b)(2) of The two companies indicated it This action does not impose any new § 63.5335 includes the new alternative information collection burden. This would cause an extreme labor and cost requirements for maintaining a finish burden to change and implement a action modifies a definition and adds a application log based on a detailed new definition to the final standards. It ‘‘measure-as-you-directly-apply’’ chemical inventory mass balance. also adds an alternative option for approach. Furthermore, they stated that Section 63.5345 is amended by determining HAP loss from the process. their current ‘‘mass balance’’ approach adding paragraph (d) to clarify the Since this action only clarifies the is just as accurate in determining actual frequency for the two types of existing standards and adds an option, monthly solvent losses as the ‘‘measure- upholstery product process operations this action will not increase the as-you-directly-apply’’ approach. Both which must be categorized. information collection burden. The of these leather finishing companies Section 63.5350 is amended by OMB has previously approved the provided sufficient supporting clarifying the frequency for water- information collection requirements documentation that their current solvent resistant and nonwater-resistant product contained in the existing regulations measurement procedures are capable of process operations which must be under the provisions of the Paperwork accurately determining the quantity of categorized, incorporating the revised Reduction Act, 44 U.S.C. 3501 et seq., solvent finishes used each month and definition of specialty leather, and by and has assigned OMB control number determining the mass fraction of HAP in providing alternative visual test criteria 2060–0478 (EPA ICR No. 1985.02). the consumed solvent finishes. to support the categorization of high- Copies of the Information Collection quality dress or performance shoe Therefore, in today’s action, we are Request (ICR) document(s) may be leather as specialty leather. We have obtained from Susan Auby, by mail at allowing a monthly chemical inventory also clarified the frequency for mass balance as an alternative the Office of Environmental categorizing specialty leather product Information, Collection Strategies procedure in 40 CFR 63.5335(b) for process operations. Division; U.S. EPA (2822T); 1200 determining actual monthly HAP loss Section 63.5460 is amended by Pennsylvania Ave., NW., Washington, from an affected source. A monthly revising the definition for the term DC 20460, by email at chemical inventory mass balance is specialty leather and adding a definition [email protected], or by calling (202) appropriate, as long as the source for the term vacuum mulling. 566–1672. A copy may also be follows its detailed mass balance III. Statutory and Executive Order downloaded off the Internet at http:// procedures and calculations in its plan Review www.epa.gov/icr. Include the ICR for demonstrating compliance, in number in any correspondence. accordance with 40 CFR 63.5325. A. Executive Order 12866, Regulatory Burden means the total time, effort, or Regardless of which approach is used to Planning and Review financial resources expended by persons determine finish loss, each source is Under Executive Order 12866 (58 FR to generate, maintain, retain, or disclose still required to maintain a written or 51735, October 4, 1993), the Agency or provide information to or for a printed log that documents the total must determine whether the regulatory Federal agency. This includes the time quantity of solvents/finishes used each action is ‘‘significant’’ and, therefore, needed to review instructions; develop, month in the process and the mass subject to Office of Management and acquire, install, and utilize technology fraction of HAP in each solvent/finish. Budget (OMB) review and the and systems for the purposes of
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collecting, validating, and verifying adopt the least-costly, most cost- The direct final rule amendments do information, processing and effective, or least burdensome not have federalism implications. They maintaining information, and disclosing alternative that achieves the objectives will not have substantial direct effects and providing information; adjust the of the rule. The provisions of section on the States, on the relationship existing ways to comply with any 205 do not apply when they are between the national government and previously applicable instructions and inconsistent with applicable law. the States, or on the distribution of requirements; train personnel to be able Moreover, section 205 allows the EPA to power and responsibilities among the to respond to a collection of adopt an alternative other than the least- various levels of government, as information; search data sources; costly, most cost effective, or least- specified in Executive Order 13132. The complete and review the collection of burdensome alternative if the direct final rule amendments apply only information; and transmit or otherwise Administrator publishes with the final to affected sources in the leather disclose the information. rule an explanation why that alternative finishing industry and clarify the An agency may not conduct or was not adopted. Before the EPA frequency for categorizing leather sponsor, and a person is not required to establishes any regulatory requirements product process types, modify the respond to a collection of information that may significantly or uniquely affect definition of ‘‘specialty leather,’’ add a unless it displays a currently valid OMB small governments, including tribal definition for ‘‘vacuum mulling,’’ and control number. The OMB control governments, it must have developed add an alternative procedure for numbers for EPA’s regulations are listed under section 203 of the UMRA a small determining the actual monthly solvent in 40 CFR part 9 and 48 CFR chapter 15. government agency plan. The plan must loss from an affected source and, C. Regulatory Flexibility Act provide for notifying potentially therefore, impose no additional burden affected small governments to have on sources. Thus, Executive Order The EPA has determined that it is not meaningful and timely input in the 13132 does not apply to the direct final necessary to prepare a regulatory development of EPA regulatory rule amendments. flexibility analysis in connection with proposals with significant Federal In the spirit of Executive Order 13132 the direct final rule amendments. intergovernmental mandates, and and consistent with EPA policy to For purposes of assessing the impact informing, educating, and advising promote communications between the of today’s direct final rule amendments small governments on compliance with EPA, State and local governments, the on small entities, small entities are the regulatory requirements. EPA specifically solicits comment on defined as: (1) A small business that has the direct final rule amendments from The EPA has determined that the fewer than 750 employees; (2) a small State and local officials. governmental jurisdiction that is a direct final rule amendments do not government of a city, county, town, contain a Federal mandate that may F. Executive Order 13175, Consultation school district or special district with a result in expenditures of $100 million or and Coordination With Indian Tribal population of less than 50,000; and (3) more for State, local, and tribal Governments a small organization that is any not-for- governments, in the aggregate, or the Executive Order 13175 (65 FR 67249, profit enterprise which is independently private sector in any 1 year. The direct November 9, 2000) requires the EPA to owned and operated and is not final rule amendments apply only to develop an accountable process to dominant in its field. affected sources in the leather finishing ensure ‘‘meaningful and timely input by After considering the economic industry and clarify the frequency for tribal officials in the development of impacts of today’s direct final rule categorizing leather product process regulatory policies that have tribal amendments on small entities, the EPA types, modify the definition of implications.’’ The direct final rule has concluded that this action will not ‘‘specialty leather,’’ add a definition for amendments do not have tribal have a significant impact on a ‘‘vacuum mulling,’’ and add an implications, as specified in Executive substantial number of small entities. alternative procedure for determining Order 13175. The direct final rule The direct final rule amendments will the actual monthly solvent loss from an amendments apply only to affected not impose any new requirements on affected source and, therefore, impose sources in the leather finishing industry small entities. no additional burden on sources. and clarify the frequency for Therefore, the direct final rule D. Unfunded Mandates Reform Act categorizing leather product process amendments are not subject to the types, modify the definition of Title II of the Unfunded Mandates requirements of sections 202 and 205 of ‘‘specialty leather,’’ add a definition for Reform Act of 1995 (UMRA), Public the UMRA. ‘‘vacuum mulling,’’ and add an Law 104–4, establishes requirements for E. Executive Order 13132, Federalism alternative procedure for determining Federal agencies to assess the effects of the actual monthly solvent loss from an their regulatory actions on State, local, Executive Order 13132 (64 FR 43255, affected source and, therefore, impose and tribal governments and the private August 10, 1999) requires the EPA to no additional burden on sources. Thus, sector. Under section 202 of the UMRA, develop an accountable process to Executive Order 13175 does not apply the EPA generally must prepare a ensure ‘‘meaningful and timely input by to the direct final rule amendments. written statement, including a cost- State and local officials in the The EPA specifically solicits benefit analysis, for proposed and final development of regulatory policies that additional comment on the direct final rules with ‘‘Federal mandates’’ that may have federalism implications.’’ ‘‘Policies rule amendments from tribal officials. result in expenditures by State, local, that have federalism implications’’ are and tribal governments, in the aggregate, defined in the Executive Order to G. Executive Order 13045, Protection of or by the private sector, of $100 million include regulations that has ‘‘substantial Children From Environmental Health or more in any 1 year. Before direct effects on the States, on the Risks and Safety Risks promulgating an EPA rule for which a relationship between the national Executive Order 13045 (62 FR 19885, written statement is needed, section 205 government and the States, or on the April 23, 1997) applies to any rule that: of the UMRA generally requires the EPA distribution of power and (1) Is determined to be ‘‘economically to identify and consider a reasonable responsibilities among the various significant’’ as defined under Executive number of regulatory alternatives and levels of government.’’ Order 12866 and (2) concerns and
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environmental health or safety risk that Business Regulatory Enforcement of finish applied listed in paragraphs the EPA has reason to believe may have Fairness Act of 1996, generally provides (b)(1)(i) through (vii) of this section: a disproportionate effect on children. If that before a rule may take effect, the (i) Finish type; the regulatory action meets both criteria, agency promulgating the rule must (ii) Pounds (or density and volume) of the EPA must evaluate the submit a rule report, which includes a each finish applied to the leather; environmental health or safety effects of copy of the rule, to each House of the the planned rule on children, and Congress and to the Comptroller General (iii) Mass fraction of HAP in each explain why the planned regulation is of the United States. The EPA will applied finish; preferable to other potentially effective submit a report containing the direct (iv) Date of the recorded entry; and reasonably feasible alternatives final rule and other required (v) Time of the recorded entry; considered by the EPA. information to the U.S. Senate, the U.S. (vi) Name of the person recording the The EPA interprets Executive Order House of Representatives, and the entry; 13045 as applying only to those Comptroller General of the United (vii) Product process operation type. regulatory actions that are based on States prior to publication of the direct health or safety risks, such that the final rule in the Federal Register. The (2) Chemical Inventory Mass Balance. analysis required under section 5–501 of direct final rule is not a ‘‘major rule’’ as Determine the actual monthly HAP loss the Executive Order has the potential to defined by 5 U.S.C. 804(2). from your affected source through mass influence the regulation. Today’s direct balance calculations. You must follow final rule amendments are not subject to List of Subjects in 40 CFR Part 63 your detailed mass balance procedures Executive Order 13045 because they are Environmental protection, Air and calculations in your plan for based on technology performance, not pollution control, Hazardous demonstrating compliance in health or safety risks. Furthermore, the substances, Reporting and accordance with § 63.5325. The HAP direct final rule amendments have been recordkeeping requirements. mass balance must be based on a detailed inventory of stored chemicals determined not to be ‘‘economically Dated: February 1, 2005. significant’’ as defined under Executive at the beginning and end of each month, Stephen L. Johnson, Order 12866. and business purchasing records to Acting Administrator. indicate additions to the inventory of H. Executive Order 13211, Actions I For the reasons stated in the preamble, chemical supplies. The net loss of Concerning Regulations That title 40, chapter I, part 63 of the Code of chemicals used for finish applications is Significantly Affect Energy Supply, the Federal Regulations is amended as determined by subtracting the end of the Distribution, or Use follows: month chemical inventory from the The direct final rule amendments are beginning of the month chemical not subject to Executive Order 13211 (66 PART 63—[AMENDED] inventory and adding the quantities of FR 28355, May 22, 2001) because they all chemicals purchased during the I are not a significant regulatory action 1. The authority citation for part 63 same 1-month period. In situations under Executive Order 12866. continues to read as follows: when an excess amount of finish is Authority: 42 U.S.C. 7401, et seq. I. National Technology Transfer and formulated, you must have documented Advancement Act of 1995 procedures on how the excess amount is Subpart TTTT—[AMENDED] accounted for in the mass balance. Section 12(d) of the National * * * * * Technology Transfer and Advancement I 2. Section 63.5335(b) is revised to read Act of 1995 (NTTAA), Public Law No. as follows: I 3. Section 63.5345 is amended by adding paragraph (d) to read as follows: 104–113, 12(d) (15 U.S.C. 272 note), § 63.5335 How do I determine the actual directs the EPA to use voluntary HAP loss? § 63.5345 How do I distinguish between consensus standards in its regulatory * * * * * the two upholstery product process activities unless to do so would be operations? inconsistent with applicable law or (b) Use one of the procedures listed in * * * * * otherwise impractical. Voluntary either paragraph (b)(1) or (b)(2) of this consensus standards are technical section for determining the actual HAP (d) For each leather product with a standards (e.g., materials specifications, loss from your affected sources. unique finish application, you must test methods, sampling procedures, and Regardless of which procedure is used maintain records to support how the business practices) that are developed or to determine HAP loss, each source is leather product was categorized to a adopted by voluntary consensus still required to maintain a written or product process operations type. You standards bodies. The NTTAA directs printed log that documents the total must repeat the leather product the EPA to provide Congress, through quantity of solvents/finishes used each categorization to a product process OMB, explanations when the Agency month in the process and the mass operation type no less frequently than decides not to use available and fraction of HAP in each solvent/finish. once every 5 years if the applied finish applicable voluntary consensus (1) Measure Finish as Applied. Use a chemical characteristics of the leather standards. finish inventory log to record the product have not changed, or when the No new standard requirements are pounds of each type of finish applied applied finish chemical characteristics cited in the direct final rule for each leather product process of the leather product change, amendments. Therefore, the EPA is not operation and the mass fraction of HAP whichever is sooner. proposing or adopting any voluntary in each applied finish. Figure 1 of this I 4. Section 63.5350 is amended as consensus standards in the direct final subpart shows an example log for follows: recording the minimum information rule amendments. I necessary to determine your finish a. adding paragraph (b)(3), J. Congressional Review Act usage and HAP loss. The finish I b. revising paragraphs (c) introductory The Congressional Review Act, 5 inventory log must contain, at a text and (c)(2), and U.S.C. 801 et seq., as added by the Small minimum, the information for each type I c. adding paragraphs (c)(3) and (c)(4).
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§ 63.5350 How do I distinguish between § 63.5460 What definitions apply to this EFFECTIVE DATE: This rule is effective on the water-resistant/specialty and nonwater- subpart? March 9, 2005. resistant leather product process * * * * * ADDRESSES: EPA has established a operations? Specialty leather means a select grade docket for this action under Docket ID * * * * * of chrome tanned, bark retanned, or fat No. WA–04–005. Publicly available (b) * * * liquored leather that is retanned through docket materials are available in hard (3) For each leather product with a the application of grease, waxes, and oil copy at EPA Region 10, Office of Air, unique finish application, you must in quantities greater than 12 percent of Waste, and Toxics (AWT–107), 1200 maintain records to support how the the dry leather weight or high-quality Sixth Avenue, Seattle, Washington leather product was categorized to a dress or performance shoe leather that 98101. This Docket facility is open from product process operations type. You can withstand one or more of the 8:30–4, Monday through Friday, must repeat the leather product following visual tests: moisture excluding legal holidays. categorization to a product process injection into the leather using vacuum FOR FURTHER INFORMATION CONTACT: Gina operation type no less frequently than mulling without signs of blistering, or Bonifacino, Office of Air, Waste and once every 5 years if the applied finish prolonged ironing at 200° F for Toxics (OAWT–107), EPA Region 10, chemical characteristics of the leather smoothing out surface roughness 1200 Sixth Avenue, Seattle, Washington product have not changed, or when the without finish lift off. Specialty leather 98101, (206) 553–2970, or e-mail applied finish chemical characteristics is also finished with higher solvent- address: [email protected]. of the leather product do change, based finishes that provide rich color, SUPPLEMENTARY INFORMATION: whichever is sooner. luster, or an oily/tacky feel. Specialty Throughout this document, wherever (c) To determine whether your leather products are generally low ‘‘we,’’ ‘‘us’’ or ‘‘our’’ is used, we mean product process operation produces volume, high-quality leather, such as EPA. Information is organized as specialty leather, you must meet the specialty shoe leather and top grade follows: football leathers. criteria in paragraphs (c)(1) and (2), or Table of Contents (c)(3) of this section: * * * * * I. Background * * * * * Vacuum mulling means the injection II. What Comments Did EPA Receive on the (2) The leather must be retanned of water into the leather substrate using Proposed Action? through the application of grease, a vacuum process to increase the III. Final Action waxes, and oil in quantities greater than moisture content of the leather. IV. Statutory and Executive Order Reviews 12 percent of the dry leather weight. * * * * * I. Background Specialty leather is also finished with [FR Doc. 05–2303 Filed 2–4–05; 8:45 am] On November 29, 2004, EPA solicited higher solvent-based finishes that BILLING CODE 6560–50–P provide rich color, luster, or an oily/ public comment on a proposal to correct tacky feel. Specialty leather products the boundary of the Yakima County may include, but are not limited to, ENVIRONMENTAL PROTECTION nonattainment area (Yakima NAA) for specialty shoe leather and top grade AGENCY particulate matter with an aerodynamic football leathers. diameter less than or equal to a nominal 10 micrometers (PM–10) by excluding (3) The leather must be a high-quality 40 CFR Part 81 approximately six square miles of dress or performance shoe leather that [WA–04–005; FRL–7866–3] Yakama Indian Reservation land. can withstand one of the visual tests in Section 107(d)(4)(B) of the Clean Air Act paragraph (c)(3)(i) or (ii) of this section: Approval and Promulgation of (CAA or the Act) sets out the general (i) Moisture injection into the leather Implementation Plans and Designation process by which areas were to be using vacuum mulling without signs of of Areas for Air Quality Planning designated nonattainment for the blistering. Purposes: Washington; Yakima national ambient air quality standards ° (ii) Prolonged ironing at 200 F for County Nonattainment Area Boundary (NAAQS) for PM–10 upon enactment of smoothing out surface roughness Revision the 1990 Clean Air Act amendments. without finish lift off. AGENCY: Environmental Protection The Act states that each area that had (4) For each leather product with a Agency (EPA). been identified by EPA as a PM–10 unique finish application, you must Group I area 1 prior to the 1990 CAA ACTION: Final rule. maintain records to support how the Amendments is designated leather product was categorized to a SUMMARY: The Environmental Protection nonattainment for PM–10 by operation product process operations type. You Agency is taking final action to correct of the law upon enactment of the 1990 must repeat the leather product an error in the initial delineation of the CAA Amendments. Prior to enactment categorization to a product process boundary of the Yakima County of the 1990 CAA amendments, EPA operation type no less frequently than nonattainment area (Yakima NAA) for published technical corrections once every 5 years if the applied finish particulate matter with an aerodynamic clarifying the boundaries of concern for chemical characteristics of the leather diameter less than or equal to a nominal some of the areas previously identified product have not changed, or when the 10 micrometers (PM–10). This as Groups I and II areas. See 55 FR applied finish chemical characteristics correction revises the boundary of the 45799. October 31, 1990. With this of the leather product do change, Yakima NAA to exclude a small portion action, the Yakima County Group I area whichever is sooner. that lies within the exterior boundary of was revised to correspond to a I 5. Section 63.5460 is amended by the Yakama Indian Reservation. The rectangular study area that encompassed revising the definition for the term excluded area will revert to an ‘‘Specialty leather’’, and adding, in unclassifiable designation, consistent 1 Group I areas were areas that, at the time the particulate matter indicator was changed from total alphabetical order, a definition for the with the original and current suspended particulate (TSP) to PM–10, were term ‘‘Vacuum mulling’’ to read as designation of the Yakama Indian estimated to have a high probability of exceeding follows: Reservation. the PM–10 NAAQS.
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the cities of Yakima, Selah, and Union south and west of the City of Yakima Reservation in the Yakima NAA. In Gap and surrounding areas. The revised that remain in the nonattainment area contrast, the other rural and agricultural Yakima County Group I area included and that had similar land uses, areas within Yakima County that the approximately six square miles of fee population densities and commercial commenter seeks to remove from the land within the exterior boundaries of uses in 1987 also made a minimal NAA are subject to the same political the Yakama Indian Reservation. contribution to the PM–10 emissions for jurisdiction as the area where the EPA now believes that it mistakenly the NAA. Air dispersion modeling violations occurred. construed then-existing air quality data documented in the 1989 and 1992 Comment: and, as a consequence, incorrectly supplements indicates that the As an alternative to removing these included this small portion of the predicted highest values will generally state rural and agricultural lands from Yakama Indian Reservation within the occur in the City of Yakima. We believe the NAA, the commenter requests that Yakima County Group I area that would the air dispersion modeling is an EPA determine that the area south of later become the Yakima NAA. When accurate presentation of the PM–10 Ahtanum Creek be redesignated to EPA delineated the boundary of the distribution across the NAA, and attainment. Yakima County Group I area in 1990, request the proposed boundary revision Response: EPA policy called for drawing the to remove the area south of Ahtanum Section 107 (d) (3) (E) of the Clean Air boundary based on political boundaries Creek of the NAA include all of the Act, and the General Preamble to Title unless there was technical information rural and agricultural lands in the NAA 1 (57 FR 13498) provide the criteria for identifying particular sources with similar land uses, population designation. These criteria are further contributing to violations of the NAAQS densities, commercial uses and clarified in a policy and guidance that warranted a different approach. In transportation patterns to those of the memorandum from John Calcagni, other words, EPA policy called for not tribal portion of the NAA. Director, Air Quality Management including land within the exterior Response: Division, EPA Office of Air Quality boundaries of the Yakama Indian As discussed in the proposal, EPA is Planning and standards dated Reservation as part of the Yakima Group basing its decision to revise the September 4, 1992, Procedures for I area unless there was information boundary of the Yakima NAA on its Processing Requests to Redesignate showing that sources within the Yakama policy for determining the boundaries of Areas to attainment. The criterion that Indian Reservation contributed to the PM–10 nonattainment areas, as well as the Administrator has fully approved a PM–10 violations recorded on state air quality considerations. See 69 FR maintenance plan for the area as lands. At the time of the determination 69340. November 29, 2004. When EPA meeting the requirements of section of the boundaries of the Yakima Group delineated the boundary of the Yakima 175A of the Act is among the criteria for I area, which by operation of the law County Group 1 area through technical redesignation outlined in this memo. became the Yakima NAA, there was no corrections in 1990, EPA’s policy called In a concurrent action published technical information provided by for using political boundaries associated today, EPA is redesignating the Yakima Washington indicating that sources on with the area where the monitored NAA (with the boundary revised to the Yakama Indian Reservation violations occurred and in which it is exclude lands within the Yakama Indian contributed to the violations of the PM– reasonably expected that sources Reservation) to attainment for PM–10. 10 NAAQS that had been recorded on contributing to the violations are EPA refers the reader to a November 29, monitors in the city of Yakima. EPA located. See 57 FR 43846, 43848 2004 action proposing to approve the policy therefore called for using (September 22, 1992). The Yakima NAA Limited Maintenance Plan entitled political boundaries to delineate the includes the City of Yakima, as well as Yakima PM 10 Limited Maintenance nonattainment area. As such, EPA erred the cities of Selah and Union Gap and Plan and Redesignation Request, in including a portion of the Yakama surrounding areas with sources Yakima County and the redesignation Indian Reservation in the Yakima NAA. contributing to the violations.2 request for the Yakima NAA. See 69 FR Accordingly, under the authority of Together, the Cities of Selah, Union Gap 69342. Section 2.12 of the Limited section 110 (k) (6) of the CAA, EPA is and surrounding areas comprise a Maintenance Plan, submitted by the revising the boundary of the Yakima portion of Yakima County and therefore State of Washington and approved by NAA to exclude the portion within the are within a single political boundary. EPA in a concurrent action published exterior boundary of the Yakama Indian In contrast, the area south of Ahtanum today, states that the plan does not Reservation. A detailed description of Creek that is the subject of this action include the portion of the NAA within our action was published in the Federal is within the boundary of the Yakama the exterior boundary of the Yakama Register on November 29, 2004. See 69 Indian Reservation, which is a different Indian Reservation. In a concurrent FR 69338. political jurisdiction than Yakima action published today, EPA is County. At the time of determination of clarifying that the SIP it is approving II. What Comments Did EPA Receive on the boundaries of the Yakima Group I does not extend to lands which are the Proposed Action? area, there was no technical information within the boundaries of the Yakama EPA received the following comments provided by Washington indicating that Indian Reservation. from one commenter on December 28, sources on the Yakama Indian Therefore, the area within the Yakama 2004. Reservation contributed to the Indian Reservation does not meet the Comment: violations of the PM–10 NAAQS that criteria for redesignation to attainment. Although the PM–10 emissions had been recorded on monitors in the As discussed in the proposal, this area originating within the portion of the city of Yakima. Because this area is a will revert to an unclassifiable Yakima PM–10 NAA south of Ahtanum different political jurisdiction and did designation. Creek and within the exterior boundary not contribute to the violations, EPA is III. Final Action of the Yakima Indian Reservation are correcting its error in including a minimal and did not contribute to the portion of the Yakama Indian The Environmental Protection Agency original classification of the NAA as a is revising the boundary of the Yakima Group 1 area in 1987, we believe that 2 See the Technical Support Document for a NAA to exclude the portion of the other large rural and agricultural areas discussion of these sources. Yakima NAA that is within the exterior
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boundary of the Yakama Indian tribal officials in the development of corrects the description of a Reservation. This correction changes the regulatory policies that have tribal nonattainment area to exclude land that boundary of the Yakima NAA to read as implications.’’ ‘‘Policies that have tribal did not contribute to the nonattainment follows: implications’’ is defined in the problem and was under a different The area bounded on the south by a Executive Order to include regulations regulatory jurisdiction and does not line from UTM coordinate 694000mW, that have ‘‘substantial direct effects on alter the relationship or the distribution 5157000mN, west to 681000mW, one or more Indian tribes, on the of power and responsibilities 5157000mN, thence north along a line relationship between the Federal established in the CAA. This rule also to coordinate 681000mN, 5172000mN, government and the Indian tribes, or on is not subject to Executive Order 13045, thence east to 694000mW, 5172000mN, the distribution of power and ‘‘Protection of Children from thence south to the beginning responsibilities between the Federal Environmental Health Risks and Safety coordinate 694000mW, 5157000mN, government and Indian tribes.’’ Under Risks’’ (62 FR 19885, April 23, 1997), excluding the area within the exterior section 5(b) of Executive Order 13175, because it is not economically boundary of the Yakama Indian EPA may not issue a regulation that has significant. Reservation. tribal implications, that imposes In reviewing SIP submissions, EPA’s The excluded area will revert to an substantial direct compliance costs, and role is to approve state choices, unclassifiable designation consistent that is not required by statute, unless provided that they meet the criteria of with the original and current the Federal government provides the the Clean Air Act. In this context, in the designation of the Yakama Indian funds necessary to pay the direct absence of a prior existing requirement Reservation. compliance costs incurred by tribal for the State to use voluntary consensus governments, or EPA consults with standards (VCS), EPA has no authority IV. Statutory and Executive Order tribal officials early in the process of Reviews to disapprove a SIP submission for developing the proposed regulation. failure to use VCS. It would thus be Under Executive Order 12866 (58 FR Under section 5(c) of Executive Order inconsistent with applicable law for 51735, October 4, 1993), this action is 13175, EPA may not issue a regulation EPA, when it reviews a SIP submission, not a ‘‘significant regulatory action’’ and that has tribal implications and that to use VCS in place of a SIP submission therefore is not subject to review by the preempts tribal law, unless the Agency that otherwise satisfies the provisions of Office of Management and Budget. For consults with tribal officials early in the the Clean Air Act. Thus, the this reason, this action is also not process of developing the regulation. requirements of section 12(d) of the subject to Executive Order 13211, EPA has concluded that this rule may National Technology Transfer and ‘‘Actions Concerning Regulations That have tribal implications. EPA’s action Advancement Act of 1995 (15 U.S.C. Significantly Affect Energy Supply, will remove a portion of the Yakama 272 note) do not apply. This rule does Distribution, or Use’’ (66 FR 28355, May Indian Reservation from the Yakima not impose an information collection 22, 2001). This action merely corrects NAA. However, it will neither impose burden under the provisions of the the description of a nonattainment area substantial direct compliance costs on Paperwork Reduction Act of 1995 (44 to exclude land that did not contribute tribal governments, nor preempt tribal U.S.C. 3501 et seq.). to the nonattainment problem and was law. Thus, the requirements of sections under a different regulatory jurisdiction 5(b) and 5(c) of the Executive Order do List of Subjects in 40 CFR Part 81 and does not impose any additional not apply to this rule. Consistent with Environmental protection, Air requirements on state, local or tribal EPA policy, EPA nonetheless consulted pollution control, National parks, governments or the private sector. with representatives of tribal Wilderness areas. Accordingly, the Administrator certifies governments early in the process of Dated: January 21, 2005. that this rule will not have a significant developing this rule to permit them to Ronald A. Kreizenbeck, economic impact on a substantial have meaningful and timely input into number of small entities under the its development. In the spirit of Acting Regional Administrator, Region 10. Regulatory Flexibility Act (5 U.S.C. 601 Executive Order 13175, and consistent I Part 81, chapter I, title 40 of the Code et seq.). Because this rule approves pre- with EPA policy to promote of Federal Regulations are amended as existing requirements under state law communications between EPA and follows: and does not impose any additional tribal governments, EPA specifically enforceable duty beyond that required solicits additional comment on this PART 81—[AMENDED] by state law, it does not contain any proposed rule from tribal officials. I 1. The authority citation for part 81 unfunded mandate or significantly or This action also does not have continues to read as follows: uniquely affect small governments, as Federalism implications because it does described in the Unfunded Mandates not have substantial direct effects on the Authority: 42 U.S.C. 7401 et seq. Reform Act of 1995 (Public Law 104–4). states, on the relationship between the I 2. In § 81. 348 , the table entitled Executive Order 13175, entitled national government and the states, or ‘‘Washington–PM–10’’ is amended by ‘‘Consultation and Coordination with on the distribution of power and revising the entry for ‘‘Yakima County’’ Indian Tribal Governments’’ (65 FR responsibilities among the various table to read as follows: 67249, November 6, 2000), requires EPA levels of government, as specified in to develop an accountable process to Executive Order 13132 (64 FR 43255, § 81.348 Washington. ensure ‘‘meaningful and timely input by August 10, 1999). This action merely * * * * *
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WASHINGTON—PM–10
Designation Classification Designated area Date Type Date Type
******* Yakima County ...... 11/15/90 Nonattainment ...... 11/15/90 Moderate. The area bounded on the south by a line from UTM co- ordinate 694000mW, 5157000mN, west to 681000mW, 5157000mN, thence north along a line to coordinate 681000mN, 5172000mN, thence east to 694000mW, 5172000mN, thence south to the begin- ning coordinate 694000mW, 5157000mN, excluding the area within the exterior boundary of the Yakama Indian Reservation
*******
* * * * * contact the appropriate FEMA Regional indicated in the fourth column of the [FR Doc. 05–1994 Filed 2–4–05; 8:45 am] Office or the NFIP servicing contractor. table. No direct Federal financial BILLING CODE 6560–50–P FOR FURTHER INFORMATION CONTACT: assistance (except assistance pursuant to Michael M. Grimm, Mitigation Division, the Robert T. Stafford Disaster Relief 500 C Street, SW.; Room 412, and Emergency Assistance Act not in DEPARTMENT OF HOMELAND Washington, DC 20472, (202) 646–2878. connection with a flood) may legally be SECURITY SUPPLEMENTARY INFORMATION: The NFIP provided for construction or acquisition enables property owners to purchase of buildings in the identified special Federal Emergency Management flood insurance which is generally not flood hazard area of communities not Agency otherwise available. In return, participating in the NFIP and identified communities agree to adopt and for more than a year, on the Federal 44 CFR Part 64 administer local floodplain management Emergency Management Agency’s initial flood insurance map of the [Docket No. FEMA–7865] aimed at protecting lives and new construction from future flooding. community as having flood-prone areas Suspension of Community Eligibility Section 1315 of the National Flood (section 202(a) of the Flood Disaster Insurance Act of 1968, as amended, 42 Protection Act of 1973, 42 U.S.C. AGENCY: Federal Emergency U.S.C. 4022, prohibits flood insurance 4106(a), as amended). This prohibition Management Agency, Emergency coverage as authorized under the against certain types of Federal Preparedness and Response Directorate, National Flood Insurance Program, 42 assistance becomes effective for the Department of Homeland Security. U.S.C. 4001 et seq.; unless an communities listed on the date shown ACTION: Final rule. appropriate public body adopts in the last column. The Administrator adequate floodplain management finds that notice and public comment SUMMARY: This rule identifies measures with effective enforcement under 5 U.S.C. 553(b) are impracticable communities, where the sale of flood measures. The communities listed in and unnecessary because communities insurance has been authorized under this document no longer meet that listed in this final rule have been the National Flood Insurance Program statutory requirement for compliance adequately notified. (NFIP), that are scheduled for with program regulations, 44 CFR part Each community receives a 6-month, suspension on the effective dates listed 59 et seq. Accordingly, the communities 90-day, and 30-day notification letter within this rule because of will be suspended on the effective date addressed to the Chief Executive Officer noncompliance with the floodplain in the third column. As of that date, that the community will be suspended management requirements of the flood insurance will no longer be unless the required floodplain program. If the Federal Emergency available in the community. However, management measures are met prior to Management Agency (FEMA) receives some of these communities may adopt the effective suspension date. Since documentation that the community has and submit the required documentation these notifications have been made, this adopted the required floodplain of legally enforceable floodplain final rule may take effect within less management measures prior to the management measures after this rule is than 30 days. effective suspension date given in this published but prior to the actual rule, the suspension will not occur and suspension date. These communities National Environmental Policy Act a notice of this will be provided by will not be suspended and will continue This rule is categorically excluded publication in the Federal Register on a their eligibility for the sale of insurance. from the requirements of 44 CFR Part subsequent date. A notice withdrawing the suspension of 10, Environmental Considerations. No EFFECTIVE DATES: The effective date of the communities will be published in environmental impact assessment has each community’s scheduled the Federal Register. been prepared. suspension is the third date (‘‘Susp.’’) In addition, the Federal Emergency listed in the third column of the Management Agency has identified the Regulatory Flexibility Act following tables. special flood hazard areas in these The Administrator has determined ADDRESSES: If you wish to determine communities by publishing a Flood that this rule is exempt from the whether a particular community was Insurance Rate Map (FIRM). The date of requirements of the Regulatory suspended on the suspension date, the FIRM if one has been published, is Flexibility Act because the National
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Flood Insurance Act of 1968, as Paperwork Reduction Act List of Subjects in 44 CFR Part 64 amended, 42 U.S.C. 4022, prohibits This rule does not involve any flood insurance coverage unless an Flood insurance, Floodplains. collection of information for purposes of appropriate public body adopts I the Paperwork Reduction Act, 44 U.S.C. Accordingly, 44 CFR part 64 is adequate floodplain management 3501 et seq. amended as follows: measures with effective enforcement measures. The communities listed no Executive Order 12612, Federalism PART 64—[AMENDED] longer comply with the statutory This rule involves no policies that requirements, and after the effective have federalism implications under I 1. The authority citation for Part 64 date, flood insurance will no longer be Executive Order 12612, Federalism, continues to read as follows: available in the communities unless October 26, 1987, 3 CFR, 1987 Comp.; Authority: 42 U.S.C. 4001 et seq.; they take remedial action. p. 252. Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, Regulatory Classification Executive Order 12778, Civil Justice 3 CFR, 1979 Comp.; p. 376. Reform This final rule is not a significant § 64.6 [Amended] regulatory action under the criteria of This rule meets the applicable section 3(f) of Executive Order 12866 of standards of section 2(b)(2) of Executive I 2. The tables published under the September 30, 1993, Regulatory Order 12778, October 25, 1991, 56 FR authority of § 64.6 are amended as Planning and Review, 58 FR 51735. 55195, 3 CFR, 1991 Comp.; p. 309. follows:
Date certain Federal assist- Community Effective date authorization/cancellation of Current effective ance no longer State and location No. sale of flood insurance in community map date available in spe- cial flood hazard areas
Region VII Kansas: Manhattan, City of, Riley County and 200300 January 3, 1974, Emerg; April 1, 1982, Feb. 4, 2005 ..... Feb. 4, 2005. Pottawattamie County. Reg; February 4, 2005, Susp. Odgen, City of, Riley County ...... 200301 June 26, 1975, Emerg; October 15, 1981, ...... do ...... Do. Reg; February 4, 2005, Susp. Riley County, Unincorporated Areas ...... 200298 June 23, 1975, Emerg; April 1, 1982, Reg; ...... do ...... Do. February 4, 2005, Susp. Nebraska: Battle Creek, Madison County.... 310145 March 7, 1975, Emerg; September 30, ...... do ...... Do. 1987, Reg; February 4, 2005, Susp. Madison County, Unincorporated Areas ...... 310455 July 25, 1977, Emerg; January 1, 1987, ...... do ...... Do. Reg; February 4, 2005, Susp. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Dated: February 1, 2005. support mechanism because the Wireline Competition Bureau, David I. Maurstad, definition currently used by the Telecommunications Access Policy Acting Mitigation Division Director, Commission is no longer being updated Division, TTY (202) 418–0484. Emergency Preparedness and Response with new Census Bureau data. We also SUPPLEMENTARY INFORMATION: This is a Directorate. revise our rules to expand funding for summary of the Commission’s Report [FR Doc. 05–2257 Filed 2–4–05; 8:45 am] mobile rural health care services by and Order, and Order on BILLING CODE 9110–12–P subsidizing the difference between the Reconsideration, in WC Docket No. 02– rate for satellite service and the rate for 60 released on December 17, 2004. The an urban wireline service with a similar full text of this document is available for FEDERAL COMMUNICATIONS bandwidth. On reconsideration, we public inspection during regular COMMISSION permit rural health care providers in business hours in the FCC Reference states that are entirely rural, such as Center, Room CY–A257, 445 12th Street, 47 CFR Part 54 American Samoa, to receive support for SW., Washington, DC 20554. A [WC Docket No. 02–60; FCC 04–289] advanced telecommunications and companion Further Notice of Proposed information services under section Rulemaking in WC Docket No. 02–60 Rural Health Care Support Mechanism 254(h)(2)(A). was also released on December 17, 2004. DATES: Effective April 8, 2005 except for AGENCY: Federal Communications I. Introduction Commission. §§ 54.609(e) and 54.621(c) which contain information collection ACTION: Final rule; petition for 1. In this Report and Order and Order requirements that have not been reconsideration. on Reconsideration (Second Report and approved by the Office of Management Order), we modify our rules to improve SUMMARY: In this document, we modify Budget (OMB). The Commission will the effectiveness of the rural health care our rules to improve the effectiveness of publish a document in the Federal universal service support mechanism. the rural health care universal service Register announcing the effective date The mechanism provides discounts to support mechanism. Specifically, in this of those sections. rural health care providers to access Report and Order, we change the FOR FURTHER INFORMATION CONTACT: modern telecommunications for medical Commission’s definition of rural for the Regina Brown at (202) 418–0792 or and health maintenance purposes. purposes of the rural health care Dana Bradford at (202) 418–1932, Specifically, in this Second Report and
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Order, we change the Commission’s tract in a large CBSA does not contain health care provider located in definition of rural for the purposes of any part of a place or urban area with Dungannon is eligible for support. the rural health care support mechanism a population greater than 25,000, then 6. We selected 25,000 as the because the definition currently used by that tract is rural. Alternatively, if a population threshold for the further the Commission is no longer being census tract in a large CBSA contains all analysis. While choosing the threshold updated with new Census Bureau data. or part of a place or urban area with a is not an exact science, we believe urban We also revise our rules to expand population that exceeds 25,000, then it areas above this size possess a critical funding for mobile rural health care is not rural. mass of population and facilities. services by subsidizing the difference 4. To eliminate any confusion Although this standard may mean that between the rate for satellite service and regarding implementation of this some current eligible providers might the rate for an urban wireline service definition, the Commission will identify no longer qualify, as noted below, we with a similar bandwidth. Furthermore, the areas that are rural and post the list permit all health care providers that we improve our administrative process on the Universal Service Administrative have received a funding commitment by establishing a fixed deadline for Company (USAC) Web site, as is done from USAC since 1998 to continue to applications for support. On now. The list will include counties that qualify for funding for the next three reconsideration, we permit rural health are rural or partially rural. As now, for years under the old definition. As we care providers in states that are entirely those counties that are partially rural, noted above, our new definition also rural to receive support for advanced eligible census tracts will be listed. allows rural health care providers to telecommunications and information Applicants can determine their census determine their eligibility in the same services under section 254(h)(2)(A). tract using the link on the USAC web manner as under the old definition. site or by calling USAC’s helpline for Furthermore, because the definitions are II. Report and Order assistance. As such, the process for rural similar, rural health care providers will A. Definition of ‘‘Rural Area’’ health care providers to determine their not have to adjust to a new application eligibility will be the same with the new process. An approach that simplifies the 2. We conclude that the record definition as with the definition application process for rural health care supports the adoption of a new currently in use. The new definition providers will help ensure that definition of ‘‘rural area’’ for the rural will be effective as of Funding Year applicants will not be deterred from health care program. We received 2005, which begins July 1, 2005. applying for support due to several proposals from commenters for 5. The new definition of rural area administrative burdens. a new definition of rural. Most of those furthers the goals of section 254 for 7. To ease the transition to the new definitions are currently used by other several reasons. Our new definition uses definition, we permit all health care Federal agencies to determine eligibility a methodology similar to our current providers that have received a funding for other Federal programs. As we definition. Just like our prior definition, commitment from USAC since 1998 to explain in further detail below, we find all counties that are not located in a continue to qualify for support under that those proposals are either over- CBSA are defined as rural. For those the universal service mechanism for inclusive or under-inclusive for our counties located in a CBSA, as under health care providers for funding for the purpose. That is, based on an evaluation the current definition, a further analysis next three years under the old of the proposals contained in the record, is conducted for certain counties that definition. Thereafter, health care such definitions would allow more have both urban and rural areas. The providers must qualify under our new areas to be considered rural than is Goldsmith methodology, however, only definition to receive funding. We find appropriate for the rural health care called for such further analysis for that this transition period is necessary program or would not include areas that counties comprising a larger geographic to allow rural health care providers to are appropriately rural. The area, while our new definition expands plan for the elimination of support. In Commission should neither dilute the the review to include counties of all addition, the transition period will fund by using a methodology that is too sizes. As such, we believe our new allow the Commission time to review broad, nor fail to achieve the goals of the definition improves upon the method the effect of this definition. 1996 Act by using a methodology that that we previously used to determine Support for Satellite Services for Mobile is not broad enough. As such, the which areas are rural by more accurately Rural Health Care Providers Commission has built on commenters’ carving out the rural areas within proposals to develop a slightly more counties that are located in a CBSA. For 8. Pursuant to section 254(h)(1)(A) of layered approach that more accurately example, Dungannon, Virginia, which the Act, telecommunications carriers defines the rural areas eligible for has a population of 317, is located in the must provide telecommunications support under the rural health care northeastern corner of Scott County, services to rural health care providers at mechanism. Virginia. Though Scott County is part of ‘‘rates that are reasonably comparable to 3. Whether an area is ‘‘rural’’ is the Kingsport-Bristol-Bristol, TN-VA rates charged for similar services in determined by applying the following Metropolitan Statistical Area, urban areas in that State.’’ Under the test. If an area is outside of any Core Dungannon is 28 miles—about an hour Commission’s prior policies, the cost of Based Statistical Area (CBSA), it is drive—from Kingsport, TN, the nearest rural satellite service was compared to rural. Areas within CBSAs can be either large urban area. Under our previous the cost of urban satellite service. For rural or non-rural, depending on the definition, Dungannon was not rural satellite services, however, the price characteristics of the CBSA. Small because it was located in a small county typically does not vary by location. CBSAs—those that do not contain an that was part of an MSA. Under our new Therefore rural health care providers urban area with populations of 25,000 definition, however, we conduct a more did not receive discounts on such or more—are rural. Within large granular review of Scott County at the service under the rural health care CBSAs—those that contain urban areas census tract level. The census tract in program. In the 2003 Report and Order, with populations of 25,000 or more— which Dungannon is located does not 68 FR 74492, December 24, 2003, we census tracts can be either rural or non- contain any part of a place or urban area revised this policy to allow rural health rural depending on the characteristics of with greater than a 25,000 population. care providers to receive discounts for the particular census tract. If a census Therefore, Dungannon is rural, and any satellite service even where wireline
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services are available, but we capped with commenters that suggest that serving patients in rural areas. We also the discount at the amount providers certain parameters or procedures should direct USAC to evaluate the allocation would have received if they purchased be established for determining what methods selected by program functionally similar wireline constitutes a ‘‘mobile’’ rural health care participants in the course of its audit alternatives. provider so that providers cannot obtain activities to ensure program integrity 9. The situation of the mobile rural satellite services where such services and to ensure that providers are health care provider, however, is are not the most cost-effective option. complying with the program’s different. By definition, mobile rural 12. Because we believe some certification requirements. Additionally, health care providers do not stay in a threshold must be established, however, pursuant to section 54.619(a) of the fixed location. To receive mobile rural health care providers will commission’s rules, providers providing telecommunications services, they be required to submit to USAC the mobile health services must maintain would either have to install a wireline number of sites the mobile rural health records for their purchases of supported telecommunications service to every care provider will serve during the year. services for at least five years sufficient location they serve or use a satellite or Where a mobile rural health care to document their compliance with all other mobile service that can function in provider serves eight or more different Commission requirements. every location. In some cases, wireline sites in a year, we will presume that services are not available because the satellite services are most cost-effective. Deadline Established for Filing FCC locations are so remote. Even if a We conclude that where a mobile rural Form 466 wireline service is technically available, health care provider serves less than 15. In the 2002 NPRM, 67 FR 34653, the number of locations served results eight different sites per year, the mobile May 15, 2002 and 2003 Report and in what otherwise might be a more health care provider will be required to Order, 68 FR 74492, December 24, 2003, expensive satellite service becoming document and explain why satellite we sought comment on ways to more cost-effective and more efficient. services are necessary to achieve the streamline the application process. We In those situations, as commenters note, health care delivery goals of the mobile establish June 30 as the final deadline for practical purposes no wireline telemedicine project. In instances where for filing FCC Forms 466 and 466–A for service is available, so rural health care a mobile rural health care provider health care providers seeking discounts providers must use a satellite or other serves less than eight different sites per for a specific funding year under the mobile telecommunications service. year, USAC will determine on a case-by- rural health care universal service 10. Cost benchmark for mobile rural case basis whether the support mechanism. We conclude that health care provider. Accordingly, after telecommunications service selected by providing an established deadline will reviewing the record in this proceeding, the mobile rural health care provider is provide specificity and finality to rural we revise our rules to allow mobile rural the most cost-effective option for the health care providers and will not health care providers to receive telemedicine project in light of the require them to continue to check for discounts for satellite services limited number of sites served per year. Commission public notices. This calculated by comparing the rate for the 13. Additionally, mobile rural health deadline is also consistent with USAC’s satellite service to the rate for an urban care providers seeking discounts for Rural Health Care Division (RHCD)’s wireline service with a similar satellite services will be required to efforts to provide specific guidance to bandwidth. We will not cap the certify that they are serving eligible health care providers when submitting discount for the satellite service at an rural areas. Providers must keep annual applications for universal service amount of a functionally similar logs indicating: (i) The date and support. Applicants have more than a wireline alternative for mobile rural locations of each clinic stop; and (ii) the year to submit the necessary health care providers. We conclude that number of patients served at each such documentation for their application for this revision furthers the principle of clinic stop. Mobile rural health care support. In addition, a deadline of June competitive neutrality and recognizes providers must maintain their annual 30 for filing FCC Forms 466 and 466– the role that telecommunications logs for a period of five years and make A coincides with the end of the funding services play in rural areas without such logs available to the Administrator year. Under section 54.623 of our rules, unduly increasing the size of the fund. and the Commission upon request. USAC can still set the dates for the Further, consistent with section 254, it 14. In order to receive the discount, filing window for purposes of the helps to provide an affordable rate for mobile rural health care providers will annual cap. the services necessary for telemedicine be required to provide to USAC III. Order on Reconsideration in rural America, strengthens documentation of the price for telemedicine and telehealth networks bandwidth equivalent wireline services 16. We grant, to the extent indicated across the nation, helps improve the in the urban area in the state to be herein, ASTCA’s Petition for quality of health care services available covered by the project. Where a Reconsideration of the 2003 Report and in rural America, and better enables telemedicine project serves locations in Order, 68 FR 74492, December 24, 2003. rural communities to rapidly diagnose, different states, the provider must In light of the compelling and unique treat, and contain possible outbreaks of provide the price for bandwidth combination of circumstances facing disease. equivalent wireline services in the ‘‘entirely rural’’ states, we believe that it 11. Criteria for mobile rural health urban area, proportional to the locations is appropriate to establish a support care providers. Our current rules, served in each state. The method of cost mechanism under section 254(h)(2)(A) combined with the requirement that allocation chosen by an applicant that will provide funding for the health care providers remain should be based on objective criteria, provision of advanced responsible for a significant portion of and reasonably reflect the eligible usage telecommunications and information service costs (i.e., the urban rate), are of the mobile health clinic. Where services. We therefore amend our rules adequate to ensure that rural health care mobile rural health care provider is also to provide support to health care providers select the most cost-effective serving patients in urban areas, prorated providers in states that are ‘‘entirely services and will ensure that rural discounts will be provided rural’’ equal to 50 percent of the health care providers make prudent commensurate only with the time the monthly cost of advanced economic decisions. We agree, however, mobile rural health care provider is telecommunications and information
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services reasonably related to the health was linked to section 254(h)(1)(A), such provide discounted telecommunications care needs of the facility. that funding for advanced services to public or non-profit health 17. We find that the Commission has telecommunications services must also care providers that serve persons in authority to amend its rules for these be based on the urban-rural rate rural areas. Over the last few years, specific circumstances under section comparison for telecommunications important changes in the rural health 254(h)(2)(A). Section 254(h)(2)(A) services found in section 254(h)(1)(A). community, such as technological directs the Commission to establish Upon further review, however, we advances and the increasing variety of competitively neutral rules to enhance conclude that the two statutory needs of the rural health care access to advanced telecommunications provisions are not inextricably linked. community, have prompted us to review and information services for health care The methodology we use to calculate the rural health care universal service providers. Section 254(h)(2)(A) gives the support under section 254(h)(2)(A), support mechanism. In this Second Commission broad authority to fulfill therefore, does not have to be based on Report and Order, we adopt several this statutory mandate. Unlike Congress’ the urban-rural comparison. modifications to the Commission’s rules directive to the Commission in section 21. Section 254(h)(2)(A), however, to improve the effectiveness of the rural 254(h)(1)(A), however, the does not establish a methodology for health care universal service support Commission’s authority under section calculating universal service support. mechanism and increase utilization of 254(h)(2)(A) is discretionary, not The Commission provides a flat this mechanism by rural health care mandatory. We find that there is a discount for Internet access for all providers. special need for the Commission to use eligible rural health care providers 24. Specifically, in this Second Report its discretion to establish rules that will pursuant to section 254(h)(2)(A). We and Order, we change the Commission’s enhance access to advanced find that it is reasonable to use a similar definition of rural for the purposes of telecommunications and information methodology for support for entirely the rural health care support mechanism services for health care providers in rural areas because we are relying on the because the definition currently used by entirely rural states. same statutory provision. Therefore, we the Commission is no longer being 18. This support is necessary to establish a 50 percent discount off the updated with new Census Bureau data address the unique circumstances faced commercial rate for the purchase of by the Office of Rural Health Care by health care providers and advanced telecommunications and Policy, the agency that developed the telecommunications carriers serving information services for states that are definition. Specifically, the new American Samoa and other similarly ‘‘entirely rural.’’ We emphasize that the definition improves upon the previous situated geographic areas. Geographic entire state must meet the definition of method of determining which areas are isolation and the lack of adequate local rural, as described above, to be eligible rural by more accurately identifying the resources in ‘‘entirely rural’’ states can to receive the 50 percent discount. rural areas within counties. We also be mitigated by the availability and use Consistent with the Commission’s revise our rules to allow mobile rural of modern technology. Facilitating principles of competitive neutrality, health care providers to receive access to advanced telecommunications eligible health care providers may discounts for satellite services and information services would receive increased discounts for any calculated by comparing the rate for the improve health care in geographically advanced telecommunications and satellite service to the rate for an urban remote areas. information service, regardless of the wireline service with a similar 19. Section 254(h)(2)(A) directs the platform. bandwidth. Mobile rural health care Commission to enhance access to providers travel to remote areas of the advanced telecommunications and IV. Procedural Matters country to deliver health care services to information services to the extent A. Regulatory Flexibility Analysis underserved populations for particular technically feasible and economically health conditions that may go unnoticed reasonable. We find that providing 22. As required by the Regulatory or untreated due to the lack of health universal service support to these Flexibility Act of 1980, as amended care facilities in such areas. Thus, this specific health care providers is (RFA), an Initial Regulatory Flexibility approach will provide the support technically feasible and economically Analysis (IRFA) was incorporated in the necessary to make mobile telemedicine reasonable. There is no dispute that 2003 Further Notice of Proposed economical for rural health care access to advanced telecommunications Rulemaking, 68 FR 74538, December 24, providers to provide health care to rural and information services is technically 2003. The Commission sought public and remote areas, and to make feasible in these areas. In fact, such comments on the proposals in the telecommunications rates for public and services are currently being provided. Further Notice of Proposed Rulemaking, non-profit rural health care providers We believe our actions to enhance including comment on the IRFA. This comparable to those paid in urban areas. access are also economically reasonable. present Final Regulatory Flexibility Furthermore, to provide specificity and We do not believe this discount will Analysis (FRFA) conforms to the RFA. finality to rural health care providers, significantly increase distributions from we improve our administrative process B. Need for, and Objectives of, the the underutilized rural health care fund by establishing a fixed deadline for Second Report and Order because the number of eligible entities applications for support. is so small. The funding amount also is 23. The Commission is required by 25. On reconsideration, we permit unlikely to significantly increase in the section 254 of the Act to promulgate rural health care providers in states that future because the current list of eligible rules to implement the universal service are entirely rural, such as American entirely rural areas is not likely to provisions of section 254. On May 8, Samoa, to receive support for advanced change. 1997, the Commission adopted rules telecommunications and information 20. Furthermore, we do not think that that reformed its system of universal services under section 254(h)(2)(A). section 254(h)(1)(A) prohibits us from service support mechanisms so that Under the Commission’s current policy, establishing this support. In the 2003 universal service is preserved and health care providers in these areas do Report and Order, 68 FR 74492, advanced as markets move toward not receive universal service funding for December 24, 2003 the Commission competition. Among other programs, the the provision of telecommunications determined that section 254(h)(2)(A) Commission adopted a program to services because no urban-rural rate
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difference exists within the state or the term ‘‘small business’’ has the same Health Practitioners; and Ambulance territory upon which to base the meaning as the term ‘‘small business Services. The category of small business discount calculation. Telemedicine and concern’’ under the Small Business Act. Ambulatory Health Care Services other forms of treatment supported by A ‘‘small business concern’’ is one providers with $8.5 million or less in advanced telecommunications services which: (1) Is independently owned and annual receipts consists of: Offices of and information services eliminate the operated; (2) is not dominant in its field Physicians; Family Planning Centers; need for referrals to other locations by of operation; and (3) satisfies any Outpatient Mental Health and allowing local physicians to consult additional criteria established by the Substance Abuse Centers; Health much more easily and frequently with Small Business Administration (SBA). Maintenance Organization Medical physicians at fully equipped health care a. Rural Health Care Providers Centers; Freestanding Ambulatory facilities. We expect this rule change Surgical and Emergency Centers; All will strengthen the ability of health care 29. Section 254(h)(5)(B) of the Act Other Outpatient Care Centers, Blood providers in states and territories that defines the term ‘‘health care provider’’ and Organ Banks; and All Other are entirely rural to provide critical and sets forth seven categories of health Miscellaneous Ambulatory Health Care health care services and improve health care providers eligible to receive Services. The category of Ambulatory care for rural residents. universal service support. Although the Health Care Services providers with 26. We believe that such actions will SBA has not developed a specific size $11.5 million or less in annual receipts improve significantly the ability of rural category for small, rural health care consists of: Medical Laboratories; health care providers to respond to the providers, recent data indicate that there Diagnostic Imaging Centers; and Home medical needs of their communities, are a total of 8,297 health care Health Care Services. The category of provide needed aid to strengthen providers, consisting of: (1) 625 ‘‘post- Ambulatory Health Care Services telemedicine and telehealth networks secondary educational institutions providers with $29 million or less in across the nation, help improve the offering health care instruction, teaching annual receipts consists of Kidney quality of health care services available hospitals, and medical schools;’’ (2) 866 Dialysis Centers. For all of these in rural America, and better enable rural ‘‘community health centers or health Ambulatory Health Care Service communities to rapidly diagnose, treat, centers providing health care to Providers, census data indicate that and contain possible outbreaks of migrants;’’ (3) 1633 ‘‘local health there is a combined total of 345,476 disease. In addition, these changes will departments or agencies;’’ (4) 950 firms that operated in 1997. Of these, equalize access to quality health care ‘‘community mental health centers;’’ (5) 339,911 had receipts for that year of less 1951 ‘‘not-for-profit hospitals;’’ and (6) between rural and urban areas and will than $5 million. In addition, an 2,272 ‘‘rural health clinics.’’ We have no support telemedicine networks if additional 3,414 firms had annual additional data specifying the numbers needed for a national emergency. receipts of $5 million to $9.99 million; of these health care providers that are Enhancing access to an integrated and additional 1,475 firms had receipts small entities nor do we know how nationwide telecommunications of $10 million to $24.99 million; and an many are located in areas we have network for rural health care providers additional 401 had receipts of $25 defined as rural. In addition, non-profit will further the Commission’s core million to $49.99 million. We therefore entities that act as ‘‘health care responsibility to make available a rapid estimate that virtually all Ambulatory providers’’ on a part-time basis are nationwide network for the purpose of Health Care Services providers are eligible to receive prorated support and the national defense, particularly with small, given SBA’s size categories. We the increased awareness of the we have no ability to quantify how many potential eligible applicants fall note, however, that our rules affect non- possibility of terrorist attacks. Finally, profit and public healthcare providers, these changes will further the into this category. However, we have no data specifying the number of potential and many of the providers noted above Commission’s efforts to improve its would not be considered ‘‘public’’ or oversight of the operation of the new applicants. Consequently, using the data we do have, we estimate that there ‘‘non-profit.’’ In addition, we have no program to ensure that the statutory data specifying the numbers of these goals of section 254 of the are 8,297 or fewer small health care providers potentially affected by the health care providers that are rural and Telecommunications Act of 1996 are meet other criteria of the Act. met without waste, fraud, or abuse. actions proposed in this Notice. 30. As noted earlier, non-profit 31. The broad category of Hospitals C. Summary of Significant Issues Raised businesses and small governmental consists of the following categories and by Public Comments in Response to the units are considered ‘‘small entities’’ the following small business providers IRFA within the RFA. In addition, we note with annual receipts of $29 million or 27. No petitions for reconsideration or that census categories and associated less: General Medical and Surgical comments were filed directly in generic SBA small business size Hospitals, Psychiatric and Substance response to the IRFA or on issues categories provide the following Abuse Hospitals; and Specialty (Except affecting small businesses. descriptions of small entities. The broad Psychiatric and Substance Abuse) category of Ambulatory Health Care Hospitals. For all of these health care D. Description and Estimate of the Services consists of further categories providers, census data indicate that Number of Small Entities to Which and the following SBA small business there is a combined total of 330 firms Rules Will Apply size standards. The categories of small that operated in 1997, of which 237 or 28. The RFA directs agencies to business providers with annual receipts fewer had revenues of less than $25 provide a description of, and where of $6 million or less consists of: Offices million. An additional 45 firms had feasible, an estimate of the number of of Dentists; Offices of Chiropractors; annual receipts of $25 million to $49.99 small entities that may be affected by Offices of Optometrists; Offices of million. We therefore estimate that most the rules. The RFA generally defines the Mental Health Practitioners (except Hospitals are small, given SBA’s size term ‘‘small entity’’ as having the same Physicians); Offices of Physical, categories. In addition, we have no data meaning as the terms ‘‘small business,’’ Occupational and Speech Therapists specifying the numbers of these health ‘‘small organization,’’ and ‘‘small and Audiologists; Offices of Podiatrists; care providers that are rural and meet governmental jurisdiction.’’ In addition, Offices of All Other Miscellaneous other criteria of the Act.
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32. The broad category of Social affected by the decisions and rules Satellite Telecommunications. Assistance consists of the category of adopted in this Report and Order. According to SBA regulations, a small Emergency and Other Relief Services 35. Local Exchange Carriers, business under the category of Satellite and small business size standard of Interexchange Carriers, Competitive communications is one having annual annual receipts of $6 million or less. For Access Providers, Operator Service receipts of $12.5 million or less. all of these health care providers, census Providers, Payphone Providers, and According to SBA’s most recent data, data indicates that there are a combined Resellers. Neither the Commission nor there are a total of 371 firms with total of 37,778 firms that operated in SBA has developed a definition annual receipts of $9,999,999 or less, 1997. Of these, 37,649 or fewer firms particular to small local exchange and an additional 69 firms with annual had annual receipts of below $5 million. carriers (LECs), interexchange carriers receipts of $10,000,000 or more. Thus, An additional 73 firms had annual (IXCs), competitive access providers the number of Satellite receipts of $5 million to $9.99 million. (CAPs), operator service providers Telecommunications firms that are We therefore estimate that virtually all (OSPs), payphone providers or resellers. small under the SBA’s $12 million size Social Assistance providers are small, The closest applicable definition for standard is between 371 and 440. given SBA’s size categories. In addition, these carrier-types under SBA rules is Further, some of these Satellite Service we have no data specifying the numbers for Wired Telecommunications Carriers Carriers might not be independently of these health care providers that are having less than 1,500 employees. The owned and operated. Consequently, we rural and meet other criteria of the Act. most reliable source of information estimate that there are fewer than 440 regarding the number of these carriers small entity ISPs that may be affected by b. Providers of Telecommunications and nationwide of which we are aware the decisions and rules of the present Other Services appears to be the data that we collect action. 33. We have included small annually on the Form 499–A. According 38. Wireless Service Providers. The incumbent local exchange carriers in to our most recent data, there are 1,335 SBA has developed a definition for this present RFA analysis. As noted incumbent LECs, 349 CAPs, 204 IXCs, small businesses within the two above, a ‘‘small business’’ under the 21 OSPs, 758 payphone providers and separate categories of Cellular and Other RFA is one that, inter alia, meets the 454 resellers. Although it seems certain Wireless Telecommunications. Under pertinent small business size standard that some of these carriers are not that SBA definition, such a business is (e.g., a telephone communications independently owned and operated, or small if it has 1,500 or fewer employees. business having 1,500 or fewer have more than 1,500 employees, we are According to the Commission’s most employees), and ‘‘is not dominant in its unable at this time to estimate with recent Telephone Trends Report data, field of operation.’’ The SBA’s Office of greater precision the number of these 1,495 companies reported that they Advocacy contends that, for RFA carriers that would qualify as small were engaged in the provision of purposes, small incumbent local business concerns under SBA’s wireless service. Of these 1,495 exchange carriers are not dominant in definition. Consequently, we estimate companies, 989 reported that they have their field of operation because any such that there are fewer than 1,335 1,500 or fewer employees and 506 dominance is not ‘‘national’’ in scope. incumbent LECs, 349 CAPs, 204 IXCs, reported that, alone or in combination We have therefore included small 21 OSPs, 758 payphone providers, and with affiliates, they have more than incumbent local exchange carriers in 541 resellers that may be affected by the 1,500 employees. We do not have data this RFA analysis, although we decisions and rules adopted in this specifying the number of these carriers emphasize that this RFA action has no Report and Order. that are not independently owned and effect on Commission analyses and 36. Internet Service Providers. The operated, and thus are unable at this determinations in other, non-RFA SBA has developed a small business time to estimate with greater precision contexts. size standard for ‘‘On-Line Information the number of wireless service providers 34. Total Number of Telephone Services,’’ NAICS code 518111. This that would qualify as small business Companies Affected. The Wireline category comprises establishments concerns under the SBA’s definition. Competition Bureau reports that, as of ‘‘primarily engaged in providing direct Consequently, we estimate that there are October 22, 2003, there were 4,748 firms access through telecommunications 989 or fewer small wireless service engaged in providing telephone networks to computer-held information providers that may be affected by the services, as defined therein. This compiled or published by others.’’ rules. number contains a variety of different Under this small business size standard, 39. Vendors of Infrastructure categories of carriers, including local a small business is one having annual Development or ‘‘Network Buildout.’’ exchange carriers, interexchange receipts of $21 million or less. Based on The Commission has not developed a carriers, competitive access providers, firm size data provided by the Bureau of small business size standard specifically cellular carriers, mobile service carriers, the Census, 3,123 firms are small under directed toward manufacturers of operator service providers, pay SBA’s $21 million size standard for this network facilities. The closest telephone operators, PCS providers, category code. Although some of these applicable definition of a small entity covered SMR providers, and resellers. It Internet Service Providers (ISPs) might are the size standards under the SBA seems certain that some of those 4,748 not be independently owned and rules applicable to manufacturers of telephone service firms may not qualify operated, we are unable at this time to ‘‘Radio and Television Broadcasting and as small entities because they are not estimate with greater precision the Communications Equipment’’ (RTB) and ‘‘independently owned and operated.’’ number of ISPs that would qualify as ‘‘Other Communications Equipment.’’ For example, a PCS provider that is small business concerns under SBA’s According to the SBA’s regulations, affiliated with an interexchange carrier small business size standard. manufacturers of RTB or other having more than 1,500 employees Consequently, we estimate that there are communications equipment must have would not meet the definition of a small 3,123 or fewer small entity ISPs that 750 or fewer employees in order to business. It seems reasonable to may be affected. qualify as a small business. The most conclude, therefore, that 4,748 or fewer 37. Satellite Service Carriers. The SBA recent available Census Bureau data telephone service firms are small entity has developed a definition for small indicates that there are 1,187 telephone service firms that may be businesses within the category of establishments with fewer than 1,000
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employees in the United States that eligible for support, we adopt rules program, increase participation by rural manufacture radio and television requiring such providers to submit an health care providers, and ensure that broadcasting and communications estimated number of sites the mobile the benefits of the program continue to equipment, and 271 companies with health care provider will serve during be distributed in a fair and equitable less than 1,000 employees that the year. Additionally, mobile rural manner. The actions taken in this manufacture other communications health care providers seeking discounts Second Report and Order help improve equipment. Some of these for satellite services will be required to health care services available in rural manufacturers might not be certify that they are serving eligible America, and better enable rural independently owned and operated. rural areas. Providers must keep annual communities to rapidly diagnose, treat, Consequently, we estimate that the logs indicating: (i) The date and and contain possible outbreaks of majority of the 1,458 internal locations of each clinic stop; and (ii) the disease. Thus, rural health care connections manufacturers are small. number of patients served at each such providers stand to benefit directly from 40. Cable and Other Program clinic stop. Mobile rural health care the modifications to our rules and Distribution. The SBA has developed a providers must maintain their annual policies. small business size standard which logs for a period of five years and make 45. We have taken the following steps includes all such companies generating such logs available to the Administrator to minimize the impact on small $12.5 million or less in revenue and the Commission upon request. entities. First, to ease the transition to annually. This standard covers Cable Further, in order to receive the discount, the new definition, we permit all health and Other Program Distribution. Only mobile rural health care providers will care providers that have received a businesses in Cable and Other Program be required to provide to USAC funding commitment from USAC since Distribution category can be affected by documentation of the price for 1998 to continue to qualify for funding the rules and policies adopted herein. bandwidth equivalent wireline services for the next three years under the old This category includes cable systems in the urban area in the state to be definition. Thereafter, health care operators, closed circuit television covered by the project. providers must qualify under our new services, direct broadcast satellite 42. These reporting and definition to receive funding. We find services, multipoint distribution recordkeeping requirements will that this transition period is necessary systems, satellite master antenna minimally impact both small and large to allow rural health care providers to systems, and subscription television entities. However, even though the plan for the elimination of support. The services. According to Census Bureau minimal impact may be more data for 1997, there were a total of 1,311 financially burdensome for smaller alternative of not providing for a firms in this category, total, that had entities, the minimal impact of such transition period was considered but operated for the entire year. Of this requirements is outweighed by the rejected because we believe a transition total, 1,180 firms had annual receipts of benefit of providing support necessary period is necessary to allow rural health under $10 million and an additional 52 to make mobile telemedicine care providers to plan for the firms had receipts of $10 million or economical for rural health care elimination of support, thus minimizing more but less than $25 million. providers to provide health care to rural any adverse or unfair impact on smaller Consequently, the Commission and remote areas, and to make entities. In addition, this transition estimates that the majority of providers telecommunications rates for public and period will allow us time to review the in this service category are small non-profit rural health care providers effect of this definition on smaller businesses that may be affected by the comparable to those paid in urban areas. entities. Second, our new definition rules and policies adopted herein. Further, these requirements are allows rural health care providers to necessary to ensure that the statutory determine their eligibility in the same E. Description of Projected Reporting, goals of section 254 of the manner as under the old definition. Recordkeeping, and Other Compliance Telecommunications Act of 1996 are Because the old and new definitions are Requirements met without waste, fraud, or abuse. similar, rural health care providers will 41. This Second Report and Order not have to adjust to a new application adopts several modifications to the F. Steps Taken To Minimize Significant process. The alternative of not allowing Commission’s rules to improve the Economic Impact on Small Entities, and rural health care providers to determine effectiveness of the rural health care Significant Alternatives Considered their eligibility in the same manner was universal service support mechanism 43. The RFA requires an agency to also considered but rejected because we and increase utilization of this describe any significant alternatives that wanted to minimize confusion on the mechanism by rural health care it has considered in reaching its part of applicants. An approach that providers. First, as articulated above, in proposed approach impacting small simplifies the application process for this Second Report and Order, we business, which may include the rural health care providers will help change the Commission’s definition of following four alternatives (among ensure that applicants, including small rural for the purposes of the rural health others): (1) The establishment of entities, will not be deterred from care support mechanism. The new differing compliance and reporting applying for support due to definition will not impact reporting or requirements or timetables that take into administrative burdens. Lastly, for recordkeeping requirements. It does, account the resources available to small mobile rural health care services, we however, change the overall pool of entities; (2) the clarification, have established a presumption that eligible applicants. Second, this Second consolidation, or simplification of will minimize administrative burdens Report and Order expands funding for compliance or reporting requirements for all applicants, including smaller mobile rural health care services by under the rule for small entities; (3) the entities. Mobile rural health care subsidizing the difference between the use of performance, rather than design, providers will be required to submit to actual rate of satellite service for mobile standards; and (4) an exemption from USAC an estimated number of sites the rural health care providers and the rate coverage of the rule, or part thereof, for mobile rural health care provider will for an urban wireline service with a small entities. serve during the year. Where a mobile similar bandwidth. Because mobile 44. In this Second Report and Order, rural health care provider serves eight or rural health care providers will now be we amend our rules to improve the more sites in a year, we will presume
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that satellite services are most cost- I. Further Information Commission amends 47 CFR part 54 as effective and we will not require a 50. Alternative formats (computer follows: further showing from such providers. diskette, large print, audio recording, PART 54—UNIVERSAL SERVICE G. Report to Congress and Braille) are available to persons I 46. The Commission will send a copy with disabilities by contacting Brian 1. The authority citation for part 54 of this Report and Order and Order on Millin at (202) 418–7426 voice, (202) continues to read as follows: Reconsideration including this FRFA, in 418–7365 TTY, or [email protected]. This Authority: 47 U.S.C. 1, 4(i), 201, 205, 214, a report to be sent to Congress pursuant Order can also be downloaded in and 254 unless otherwise noted. to the Congressional Review Act. In Microsoft Word and ASCII formats at I 2. Amend § 54.5 by revising the addition, the Commission will send a http://www.fcc.gov/ccb/ definition of ‘‘Rural area’’ to read as copy of the Report and Order and Order universalservice/highcost. follows: on Reconsideration including this 51. For further information, contact FRFA, to the Chief Counsel for Regina Brown at (202) 418–0792 or § 54.5 Terms and definitions. Dana Bradford at (202) 418–1932, in the Advocacy of the Small Business * * * * * Telecommunications Access Policy Administration. A copy of this Report Rural area. For purposes of the Division, Wireline Competition Bureau. and Order and Order on schools and libraries universal support Reconsideration and FRFA (or V. Ordering Clauses mechanism, a ‘‘rural area’’ is a summaries thereof) will also be nonmetropolitan county or county published in the Federal Register. 52. Pursuant to the authority contained in sections 1, 4(i), 4(j), 201– equivalent, as defined in the Office of H. Paperwork Reduction Act Analysis 205, 214, 254, and 403 of the Management and Budget’s (OMB) 47. This document contains modified Communications Act of 1934, as Revised Standards for Defining information collection requirements amended, 47 U.S.C. 151, 154(i), 154(j), Metropolitan Areas in the 1990s and subject to the Paperwork Reduction Act 201–205, 214, 254, and 403, this Report identifiable from the most recent of 1995 (PRA), Public Law 104–13. It and Order and Order on Metropolitan Statistical Area (MSA) list will be submitted to the Office of Reconsideration, is adopted. released by OMB, or any contiguous non-urban Census Tract or Block Management and Budget (OMB) for 53. Pursuant to the authority Numbered Area within an MSA-listed review under section 3507(d) of the contained in section 405, of the metropolitan county identified in the PRA. OMB, the general public, and Communications Act of 1934, as most recent Goldsmith Modification other Federal agencies are invited to amended, 47 U.S.C. 405, and §§ 0.291 published by the Office of Rural Health comment on the modified information and 1.429 of the Commission’s rules, 47 Policy of the U.S. Department of Health collection requirements contained in CFR 0.291 and 1.429, American Samoa and Human Services. For purposes of this proceeding. In addition, we note Telecommunications Authority’s the rural health care universal service that pursuant to the Small Business Petition for Reconsideration is granted support mechanism, a ‘‘rural area’’ is an Paperwork Relief Act of 2002, Public to the extent indicated herein. area that is entirely outside of a Core Law 107–198, see 44 U.S.C. 3506(c)(4), 54. It is further ordered that part 54 Based Statistical Area; is within a Core we previously sought specific comment of the Commission’s rules, 47 CFR part Based Statistical Area that does not have on how the Commission might ‘‘further 54, except §§ 54.609 and 54.619 which any Urban Area with a population of reduce the information collection will become effective upon Office of 25,000 or greater; or is in a Core Based burden for small business concerns with Management and Budget approval, is Statistical Area that contains an Urban fewer than 25 employees.’’ amended as set forth in Appendix A Area with a population of 25,000 or 48. In this present document, we have attached hereto, effective thirty (30) greater, but is within a specific census assessed the effects of the measures days after the publication of this Report tract that itself does not contain any part adopted to protect against waste, fraud and Order and Order on of a Place or Urban Area with a and abuse in the administration of the Reconsideration in the Federal Register. population of greater than 25,000. ‘‘Core rural health care universal service 55. It is further ordered that the support mechanism. We find that the Based Statistical Area’’ and ‘‘Urban Commission’s Consumer and Area’’ are as defined by the Census modified information and record Governmental Affairs Bureau, Reference retention requirements for mobile rural Bureau and ‘‘Place’’ is as identified by Information Center, shall send a copy of the Census Bureau. health care providers and the modified this Report and Order and Order on certification requirements for health Reconsideration including the Final * * * * * care providers in states that are entirely Regulatory Flexibility Analysis to the I 3. Amend § 54.601 by adding rural will not be unduly burdensome on Chief Counsel for Advocacy of the Small paragraphs (a)(3)(i), (a)(3)(ii), and (c)(3) small businesses. Business Administration. to read as follows: 49. The full text of this document is available for public inspection and List of Subjects in 47 CFR Part 54 § 54.601 Eligibility. copying during regular business hours Health Facilities, Libraries, Reporting (a) * * * at the FCC Reference Information and recordkeeping requirements, (3) * * * Center, Portals II, 445 12th Street, SW., Schools, Telecommunications, (i) Any health care provider that was Room CY–A257, Washington, DC 20554. Telephone. located in a rural area under the This document may also be purchased definition used by the Commission prior from the Commission’s duplicating Federal Communications Commission. to July 1, 2005, and that had received a contractor, Best Copy and Printing, Marlene H. Dortch, funding commitment from USAC since Portals II, 445 12th Street, SW., Room Secretary. 1998, shall continue to qualify for CY–B402, Washington, DC 20554, Final Rules support under the universal service telephone (202) 488–5300, facsimile mechanism for health care providers for (202) 488–5563, or via e-mail I For the reasons discussed in the a period of three years, beginning July [email protected]. preamble, the Federal Communications 1, 2005.
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(ii) [Reserved] mobile rural health care provider on the date that the Administrator * * * * * requesting services under § 54.609(e), begins to receive applications for (c) * * * that the requester has certified that it is support, and shall conclude on a date to (3) Advanced telecommunications serving eligible rural areas. be determined by the Administrator. and information services as provided * * * * * (3) The Administrator may implement such additional filing periods as it under § 54.621. I 6. Amend § 54.619 by revising deems necessary. The deadline for all * * * * * paragraph (a) to read as follows: required forms to be filed with the I 4. Amend § 54.609 by adding § 54.619 Audits and recordkeeping. Administrator is June 30 for the funding paragraph (e) to read as follows: (a) Health care providers. (1) Health year that begins on the previous July 1. § 54.609 Calculating support. care providers shall maintain for their * * * * * * * * * * purchases of services supported under [FR Doc. 05–2269 Filed 2–4–05; 8:45 am] (e) Mobile rural health care providers. this subpart documentation for five BILLING CODE 6712–01–U (1) Calculation of support. Mobile rural years from the end of the funding year health care providers may receive sufficient to establish compliance with discounts for satellite services all rules in this subpart. Documentation DEPARTMENT OF DEFENSE calculated by comparing the rate for the must include, among other things, satellite service to the rate for an urban records of allocations for consortia and 48 CFR Part 219 entities that engage in eligible and wireline service with a similar [DFARS Case 2003–D063] bandwidth. Discounts for satellite ineligible activities, if applicable. services shall not be capped at an Mobile rural health care providers shall Defense Federal Acquisition amount of a functionally similar maintain annual logs indicating: The Regulation Supplement; Small wireline alternative. Where the mobile date and locations of each clinic stop; Business Competitiveness rural health care provider provides and the number of patients served at Demonstration Program service in more than one state, the each such clinic stop. calculation shall be based on the urban (2) Mobile rural health care providers AGENCY: Department of Defense (DoD). areas in each state, proportional to the shall maintain its annual logs for a ACTION: Final rule. number of locations served in each period of five years. Mobile rural health SUMMARY: state. care providers shall make its logs DoD has issued a final rule (2) Documentation of support. (i) available to the Administrator and the amending the Defense Federal Mobile rural health care providers shall Commission upon request. Acquisition Regulation Supplement (DFARS) to revise text regarding provide to the Administrator * * * * * documentation of the price of identification of contract awards under I 7. Amend § 54.621 by adding the Small Business Competitiveness bandwidth equivalent wireline services paragraph (c) to read as follows: in the urban area in the state or states Demonstration Program. This rule is a where the service is provided. Mobile § 54.621 Access to advanced result of an initiative undertaken by rural health care providers shall provide telecommunications and information DoD to dramatically change the purpose to the Administrator the number of sites services. and content of the DFARS. the mobile health care provider will * * * * * EFFECTIVE DATE: February 7, 2005. serve during the funding year. (c) Health care providers located in FOR FURTHER INFORMATION CONTACT: Ms. (ii) Where a mobile rural health care States that are entirely rural shall be Michele Peterson, Defense Acquisition provider serves less than eight different eligible to receive universal service Regulations Council, sites per year, the mobile rural health support equal to 50 percent of the OUSD(AT&L)DPAP (DAR), IMD 3C132, care provider shall provide to the monthly cost of advanced 3062 Defense Pentagon, Washington, DC Administrator documentation of the telecommunications and information 20301–3062. Telephone (703) 602–0311; price of bandwidth equivalent wireline services reasonably related to the health facsimile (703) 602–0350. Please cite services. In such case, the Administrator care needs of the facility. DFARS Case 2003–D063. shall determine on a case-by-case basis I 8. Amend § 54.623 by revising SUPPLEMENTARY INFORMATION: whether the telecommunications service paragraphs (a), (b), (c)(2), and (c)(3) to A. Background selected by the mobile rural health care read as follows: provider is the most cost-effective DFARS Transformation is a major option. Where a mobile rural health care § 54.623 Cap. DoD initiative to dramatically change provider seeks a more expensive (a) Amount of the annual cap. The the purpose and content of the DFARS. satellite-based service when a less annual cap on federal universal service The objective is to improve the expensive wireline alternative is most support for health care providers shall efficiency and effectiveness of the cost-effective, the mobile rural health be $400 million per funding year, with acquisition process, while allowing the care provider shall be responsible for the following exceptions. acquisition workforce the flexibility to the additional cost. (b) Funding year. A funding year for innovate. The transformed DFARS will I 5. Amend § 54.615 by revising purposes of the health care providers contain only requirements of law, DoD- paragraph (c)(2) to read as follows: cap shall be the period July 1 through wide policies, delegations of FAR June 30. authorities, deviations from FAR § 54.615 Obtaining services. (c) * * * requirements, and policies/procedures * * * * * (2) For each funding year, which will that have a significant effect beyond the (c) * * * begin on July 1, the Administrator shall internal operating procedures of DoD or (2) The requester is physically located implement a filing period that treats all a significant cost or administrative in a rural area, unless the health care health care providers filing within that impact on contractors or offerors. provider is requesting services provided period as if they were simultaneously Additional information on the DFARS under § 54.621; or, if the requester is a received. The filing period shall begin Transformation initiative is available at
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http://www.acq.osd.mil/dpap/dfars/ 219.1007 Procedures. Year 2005 (Pub. L. 108–375), which transf.htm. (a)(2) When it is not practical to mark requires a delay in phase-out of the This final rule is a result of the the face page of an award document, restriction until DoD performs an DFARS Transformation initiative. alternative means may be used to assessment of the PAN carbon fiber Section 19.1007(a)(2) of the Federal identify the contract as an award under industry and submits the resulting Acquisition Regulation requires the Small Business Competitiveness report to Congress. inclusion of a statement on the face page Demonstration Program. DoD published a proposed rule at 69 of each contract awarded under the * * * * * FR 35567 on June 25, 2004. DoD Small Business Competitiveness [FR Doc. 05–2172 Filed 2–4–05; 8:45 am] received no comments on the proposed rule. Therefore, DoD has adopted the Demonstration Program, to identify the BILLING CODE 5001–08–P contract as an award under the Program. proposed rule as a final rule without To accommodate the use of automated change. systems, this final rule specifies that, DEPARTMENT OF DEFENSE This rule was not subject to Office of when it is not practical to mark the face Management and Budget review under page of an award document, alternative 48 CFR Part 225 Executive Order 12866, dated September 30, 1993. means may be used to identify a [DFARS Case 2004–D002] contract as an award under the Small B. Regulatory Flexibility Act Business Competitiveness Defense Federal Acquisition Demonstration Program. Regulation Supplement; DoD certifies that this final rule will DoD published a proposed rule at 69 Polyacrylonitrile Carbon Fiber— not have a significant economic impact FR 35566 on June 25, 2004. DoD Restriction to Domestic Sources on a substantial number of small entities received no comments on the proposed within the meaning of the Regulatory rule. Therefore, DoD has adopted the AGENCY: Department of Defense (DoD). Flexibility Act, 5 U.S.C. 601, et seq., proposed rule as a final rule without ACTION: Final rule. because there are no known domestic change. small business manufacturers of PAN SUMMARY: This rule was not subject to Office of DoD has issued a final rule carbon fiber. amending the Defense Federal Management and Budget review under C. Paperwork Reduction Act Executive Order 12866, dated Acquisition Regulation Supplement The Paperwork Reduction Act does September 30, 1993. (DFARS) to extend the ending date for phasing out domestic source restrictions not apply because the rule does not B. Regulatory Flexibility Act on the acquisition of polyacrylonitrile impose any information collection requirements that require the approval DoD certifies that this final rule will (PAN) carbon fiber. The ending date is of the Office of Management and Budget not have a significant economic impact extended from May 31, 2005, to May 31, under 44 U.S.C. 3501, et seq. on a substantial number of small entities 2006. within the meaning of the Regulatory EFFECTIVE DATE: February 7, 2005. List of Subjects in 48 CFR Part 225 FOR FURTHER INFORMATION CONTACT: Ms. Flexibility Act, 5 U.S.C. 601, et seq., Government procurement. because the rule only changes an Amy Williams, Defense Acquisition administrative requirement to Regulations Council, Michele P. Peterson, accommodate the use of automated OUSD(AT&L)DPAP(DAR), IMD 3C132, Editor, Defense Acquisition Regulations contracting systems. 3062 Defense Pentagon, Washington, DC System. 20301–3062. Telephone (703) 602–0328; C. Paperwork Reduction Act I Therefore, 48 CFR Part 225 is amended facsimile (703) 602–0350. Please cite as follows: The Paperwork Reduction Act does DFARS Case 2004–D002. I 1. The authority citation for 48 CFR not apply, because the rule does not SUPPLEMENTARY INFORMATION: Part 225 continues to read as follows: impose any information collection requirements that require the approval A. Background Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. of the Office of Management and Budget This final rule extends the ending under 44 U.S.C. 3501, et seq. date for phasing out domestic source PART 225—FOREIGN ACQUISITION restrictions on the acquisition of PAN List of Subjects in 48 CFR Part 219 carbon fiber from May 31, 2005, to May I 2. Section 225.7103–1 is amended by Government procurement. 31, 2006. The prescription for use of the revising the second sentence to read as clause at DFARS 252.225–7022, follows: Michele P. Peterson, Restriction on Acquisition of Editor, Defense Acquisition Regulations Polyacrylonitrile (PAN) Carbon Fiber, is 225.7103–1 Policy. System. amended to require inclusion of the * * * DoD is phasing out the I Therefore, 48 CFR Part 219 is amended clause in solicitations and contracts for restrictions over the period ending May as follows: major systems issued on or before May 31, 2006. * * * I 1. The authority citation for 48 CFR 31, 2006, if the system is not yet in I 3. Section 225.7103–3 is revised to Part 219 continues to read as follows: development and demonstration. read as follows: The aerospace industry requested the Authority: 41 U.S.C. 421 and 48 CFR 225.7103–3 Contract clause. Chapter 1. extension to provide U.S. companies sufficient time to maintain the Use the clause at 252.225–7022, PART 219—SMALL BUSINESS industrial and technological capability Restriction on Acquisition of PROGRAMS to support a critical material used in Polyacrylonitrile (PAN) Carbon Fiber, in advanced aerospace weapons programs. solicitations and contracts for major I 2. Section 219.1007 is amended by In addition, the extension is consistent systems issued on or before May 31, adding paragraph (a)(2) to read as with Section 832 of the National 2006, if the system is not yet in follows: Defense Authorization Act for Fiscal engineering and manufacturing
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development (milestone B as defined in The objective is to improve the on a substantial number of small entities DoDI 5000.2). efficiency and effectiveness of the within the meaning of the Regulatory [FR Doc. 05–2171 Filed 2–4–05; 8:45 am] acquisition process, while allowing the Flexibility Act, 5 U.S.C. 601, et seq., acquisition workforce the flexibility to because the rule relocates DoD BILLING CODE 5001–08–P innovate. The transformed DFARS will procedural information related to tax contain only requirements of law, DoD- relief, with no substantive change in DEPARTMENT OF DEFENSE wide policies, delegations of FAR policy. authorities, deviations from FAR C. Paperwork Reduction Act 48 CFR Part 229 requirements, and policies/procedures that have a significant effect beyond the [DFARS Case 2003–D031] The Paperwork Reduction Act does internal operating procedures of DoD or not apply because the rule does not Defense Federal Acquisition a significant cost or administrative impose any information collection Regulation Supplement; Tax impact on contractors or offerors. requirements that require the approval Procedures for Overseas Contracts Additional information on the DFARS of the Office of Management and Budget Transformation initiative is available at under 44 U.S.C. 3501, et seq. AGENCY: Department of Defense (DoD). http://www.acq.osd.mil/dpap/dfars/ ACTION: Final rule. transf.htm. List of Subjects in 48 CFR Part 229 This final rule is a result of the Government procurement. SUMMARY: DoD has issued a final rule DFARS Transformation initiative. The amending the Defense Federal rule revises DFARS Subpart 229.70 to Michele P. Peterson, Acquisition Regulation Supplement remove procedures that DoD contracting Editor, Defense Acquisition Regulations (DFARS) to update text pertaining to tax officers use in obtaining tax relief and System. relief for acquisitions conducted in duty-free import privileges for I Therefore, 48 CFR Part 229 is amended certain foreign countries. This rule is a acquisitions conducted in Spain and the as follows: result of a transformation initiative United Kingdom. This text has been undertaken by DoD to dramatically relocated to the new DFARS companion I 1. The authority citation for 48 CFR change the purpose and content of the resource, Procedures, Guidance, and Part 229 continues to read as follows: DFARS. Information (PGI), available at http:// Authority: 41 U.S.C. 421 and 48 CFR EFFECTIVE DATES: February 7, 2005. www.acq.osd.mil/dpap/dars/pgi. Chapter 1. FOR FURTHER INFORMATION CONTACT: Mr. DoD published a proposed rule at 69 Euclides Barrera, Defense Acquisition FR 46129 on August 2, 2004. DoD PART 229—TAXES Regulations Council, OUSD (AT&L) received no comments on the proposed I DPAP (DAR), IMD 3C132, 3062 Defense rule. Therefore, DoD has adopted the 2. Subpart 229.70 is revised to read as Pentagon, Washington, DC 20301–3062. proposed rule as a final rule without follows: Telephone (703) 602–0296; facsimile change. Subpart 229.70—Special Procedures (703) 602–0350. Please cite DFARS Case This rule was not subject to Office of for Overseas Contracts 2003–D031. Management and Budget review under SUPPLEMENTARY INFORMATION: Executive Order 12866, dated To obtain tax relief for overseas September 30, 1993. A. Background contracts, follow the procedures at PGI 229.70. DFARS Transformation is a major B. Regulatory Flexibility Act DoD initiative to dramatically change DoD certifies that this final rule will [FR Doc. 05–2169 Filed 2–4–05; 8:45 am] the purpose and content of the DFARS. not have a significant economic impact BILLING CODE 5001–08–P
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Proposed Rules Federal Register Vol. 70, No. 24
Monday, February 7, 2005
This section of the FEDERAL REGISTER presented are particularly helpful in Columbia Avenue College Park, GA contains notices to the public of the proposed developing reasoned regulatory 30337. issuance of rules and regulations. The decisions on the proposal. Comments Persons interested in being placed on purpose of these notices is to give interested are specifically invited on the overall a mailing list for future NPRMs should persons an opportunity to participate in the regulatory, aeronautical, economic, contact the FAA’s Office of Rulemaking, rule making prior to the adoption of the final (202) 267–9677, for a copy of Advisory rules. environmental, and energy-related aspects of the proposal. Circular No. 11–2A, Notice of Proposed Communications should identify both Rulemaking Distribution System, which DEPARTMENT OF TRANSPORTATION docket numbers (FAA Docket No. FAA– describes the application procedure. 2004–19667 and Airspace Docket No. Background Federal Aviation Administration 04–ASO–13) and be submitted in triplicate to the Docket Management As part of the on-going National 14 CFR Part 71 System (see ADDRESSES section for Airspace Redesign, the FAA has address and phone number). You may implemented the HAR program. This [Docket No. FAA–2004–19667; Airspace specific effort focuses on developing Docket No. 04–ASO–13] also submit comments through the Internet at http://dms.dot.gov. and implementing improvements in RIN 2120–AA66 Commenters wishing the FAA to navigation structure and operating methods to allow more flexible and acknowledge receipt of their comments efficient en route operations in the high Proposed Establishment of Area on this action must submit with those altitude airspace environment. In Navigation Routes (RNAV), FL comments a self-addressed, stamped support of this program, the FAA is postcard on which the following AGENCY: Federal Aviation establishing RNAV routes to provide statement is made: ‘‘Comments to FAA Administration (FAA), DOT. greater freedom to properly equipped Docket No. FAA–2004–19667 and ACTION: Notice of proposed rulemaking users and to achieve the economic Airspace Docket No. 04–ASO–13.’’ The (NPRM). benefits of flying user selected non- postcard will be date/time stamped and restrictive routings. SUMMARY: This action proposes to returned to the commenter. The new RNAV routes will be establish eight area navigation (RNAV) All communications received on or identified by the letter prefix ‘‘Q,’’ routes in Florida in support of the High before the specified closing date for followed by a number consisting of from Altitude Redesign (HAR) project. The comments will be considered before one to three digits. The International FAA is proposing this action to enhance taking action on the proposed rule. The Civil Aviation Organization (ICAO) has safety and to improve the efficient use proposal contained in this action may allocated the ‘‘Q’’ prefix, along with the of the navigable airspace. be changed in light of comments number set 1 through 499, for use by the received. All comments submitted will DATES: Comments must be received on U.S. for designating domestic RNAV or before March 24, 2005. be available for examination in the routes. public docket both before and after the ADDRESSES: Send comments on this closing date for comments. A report Related Rulemaking proposal to the Docket Management summarizing each substantive public On April 8, 2003, the FAA published System, U.S. Department of contact with FAA personnel concerned the Designation of Class A, B, C, D, and Transportation, Room Plaza 401, 400 with this rulemaking will be filed in the E Airspace Areas; Air Traffic Service Seventh Street, SW., Washington, DC docket. Routes, and Reporting Points rule in the 20590–0001. You must identify FAA Availability of NPRMs Federal Register (68 FR 16943). This Docket No. FAA–2004–19667 and rule adopted certain amendments Airspace Docket No. 04–ASO–13, at the An electronic copy of this document proposed in Notice No. 02–20, Area beginning of your comments. You may may be downloaded through the Navigation and Miscellaneous also submit comments on the Internet at Internet at http://dms.dot.gov. Recently Amendments. The rule revised and http://dms.dot.gov. published rulemaking documents can adopted several definitions in FAA FOR FURTHER INFORMATION CONTACT: Paul also be accessed through the FAA’s Web regulations, including Air Traffic Gallant, Airspace and Rules, Office of page at http://www.faa.gov, or the Service Routes, to be in concert with System Operations and Safety, Federal Federal Register’s Web page at http:// ICAO definitions; and reorganized the Aviation Administration, 800 www.gpoaccess.gov/fr/index.html. structure of FAA regulations concerning Independence Avenue, SW., You may review the public docket the designation of Class A, B, C, D, and Washington, DC 20591; telephone: (202) containing the proposal, any comments E airspace areas, airways, routes, and 267–8783. received, and any final disposition in reporting points. The purpose of the SUPPLEMENTARY INFORMATION: person in the Dockets Office (see rule was to facilitate the establishment ADDRESSES section for address and of RNAV routes in the National Comments Invited phone number) between 9 a.m. and 5 Airspace System (NAS) for use by Interested parties are invited to p.m., Monday through Friday, except aircraft with advanced navigation participate in this proposed rulemaking Federal holidays. An informal docket system capabilities. by submitting such written data, views, may also be examined during normal On May 9, 2003, the FAA published or arguments, as they may desire. business hours at the office of the the Establishment of RNAV final rule in Comments that provide the factual basis Regional Air Traffic Division, Federal the Federal Register (68 FR 24864). This supporting the views and suggestions Aviation Administration, 1701 rule, which supports Phase I of the
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HAR, established 11 new RNAV routes routine amendments are necessary to The Proposed Amendment along high-density air traffic tracks in keep them operationally current. In consideration of the foregoing, the the western and north central U.S. The Therefore, this proposed regulation: (1) Federal Aviation Administration eight new RNAV routes being proposed Is not a ‘‘significant regulatory action’’ proposes to amend 14 CFR part 71 as in this notice would further support the under Executive Order 12866; (2) is not follows: HAR effort by extending the benefits of a ‘‘significant rule’’ under Department of RNAV routing to the Florida area. Transportation (DOT) Regulatory PART 71—DESIGNATION OF CLASS A, The Proposal Policies and Procedures (44 FR 11034; B, C, D, AND E AIRSPACE AREAS; AIR February 26, 1979); and (3) does not TRAFFIC SERVICE ROUTES; AND The FAA is proposing an amendment warrant preparation of a regulatory REPORTING POINTS to Title 14 Code of Federal Regulations evaluation as the anticipated impact is (14 CFR) part 71 (part 71) to establish 1. The authority citation for part 71 so minimal. Since this is a routine continues to read as follows: eight RNAV routes in Florida within the matter that will only affect air traffic airspace assigned to the Jacksonville Air procedures and air navigation, it is Authority: 49 U.S.C. 106(g), 40103, 40113, Route Traffic Control Center (ARTCC). 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– certified that this proposed rule, when These routes are proposed as part of the 1963 Comp., p. 389. promulgated, will not have a significant HAR program to enhance safety, and to economic impact on a substantial § 71.1 [Amended] facilitate the more flexible and efficient use of the navigable airspace for en number of small entities under the 2. The incorporation by reference in route instrument flight rules (IFR) criteria of the Regulatory Flexibility Act. 14 CFR 71.1 of FAA Order 7400.9M, Airspace Designations and Reporting operations within the Jacksonville List of Subjects in 14 CFR Part 71 ARTCC area of responsibility. Points, dated August 30, 2004, and Airspace, Incorporation by reference, effective September 16, 2004, is The FAA has determined that this amended as follows: proposed regulation only involves an Navigation (air). established body of technical Paragraph 2006—Area Navigation Routes regulations for which frequent and * * * * *
Q–104 DEFUN to CYY [New] DEFUN WP (Lat. 30°48′51″ N., long. 86°07′53″ W.) HEVVN WP (Lat. 29°49′19″ N., long. 83°53′43″ W.) PLYER WP (Lat. 28°56′51″ N., long. 83°20′09″ W.) MARVE WP (Lat. 28°35′16″ N., long. 83°06′31″ W.) CYY VOR/DME (Lat. 26°09′12″ N., long. 81°46′41″ W.) Q–106 SMELZ to GADAY [New] SMELZ WP (Lat. 28°04′59″ N., long. 82°06′34″ W.) BULZI WP (Lat. 29°59′14″ N., long. 83°44′17″ W.) GADAY WP (Lat. 31°02′28″ N., long. 86°08′02″ W.) Q–108 GADAY to CLAWZ [New] GADAY WP (Lat. 31°02′28″ N., long. 86°08′02″ W.) CLAWZ WP (Lat. 30°38′29″ N., long. 83°02′19″ W.) Q–110 KPASA to FEONA [New] KPASA WP (Lat. 28°10′34″ N., long. 81°54′27″ W.) BRUTS WP (Lat. 29°30′58″ N., long. 82°58′57″ W.) GULFR WP (Lat. 30°12′23″ N., long. 83°33′08″ W.) FEONA WP (Lat. 31°36′11″ N., long. 84°43′51″ W.) Q–112 DEFUN to INPIN [New] DEFUN WP (Lat. 30°48′51″ N., long. 86°07′53″ W.) HEVVN WP (Lat. 29°49′19″ N., long. 83°53′43″ W.) INPIN WP (Lat. 28°33′13″ N., long. 81°48′27″ W.) Q–114 DEFUN to FORTL [New] DEFUN WP (Lat. 30°48′51″ N., long. 86°07′53″ W.) HEVVN WP (Lat. 29°49′19″ N., long. 83°53′43″ W.) TEPEE WP (Lat. 28°00′01″ N., long. 82°21′59″ W.) JOCKS WP (Lat. 27°00′33″ N., long. 81°51′13″ W.) FORTL WP (Lat. 26°18′34″ N., long. 81°21′08″ W.) Q–116 KPASA to CEEYA [New] KPASA WP (Lat. 28°10′34″ N., long. 81°54′27″ W.) BRUTS WP (Lat. 29°30′58″ N., long. 82°58′57″ W.) GULFR WP (Lat. 30°12′23″ N., long. 83°33′08″ W.) CEEYA WP (Lat. 31°31′32″ N., long. 84°05′32″ W.) Q–118 KPASA to LENIE [New] KPASA WP (Lat. 28°10′34″ N., long. 81°54′27″ W.) BRUTS WP (Lat. 29°30′58″ N., long. 82°58′57″ W.) LENIE WP (Lat. 31°33′58″ N., long. 83°50′50″ W.)
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* * * * * IA, as published in the Federal Register of the Department of Transportation Issued in Washington, DC, on January 31, on Wednesday, January 19, 2005, (70 FR NASSIF Building at the above address. 2005. 2991) [FR Doc. 05–969] is corrected as An informal docket may also be Edie Parish, follows: examined during normal business hours Acting Manager, Airspace and Rules. at the office of the Manager, Safety, § 71.1 [Corrected] Alaska Flight Services Operations, [FR Doc. 05–2221 Filed 2–4–05; 8:45 am] On page 2992, Column 1, fifth Federal Aviation Administration, 222 BILLING CODE 4910–13–P paragraph, fourth line from the bottom, West 7th Avenue, Box 14, Anchorage, change ‘‘extending from the 7-mile AK 99513–7587. radius’’ to read ‘‘extending from the 4.6- DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: mile radius’’. Jesse Patterson, AAL–538G, Federal Federal Aviation Administration Issued in Kansas City, MO, on January 20, Aviation Administration, 222 West 7th 2005. Avenue, Box 14, Anchorage, AK 99513– 14 CFR Part 71 Anthony D. Roetzel, 7587; telephone number (907) 271– Acting Area Director, Western Flight Services 5898; fax: (907) 271–2850; e-mail: [Docket No. FAA–2004–19581; Airspace Operations. Docket No. 04–ACE–71] [email protected]. Internet [FR Doc. 05–2227 Filed 2–4–05; 8:45 am] address: http://www.alaska.faa.gov/at. Proposed Establishment of Class E2 BILLING CODE 4910–13–M SUPPLEMENTARY INFORMATION: Airspace; and Modification of Class E5 Airspace; Ankeny, IA Comments Invited DEPARTMENT OF TRANSPORTATION Interested parties are invited to AGENCY: Federal Aviation participate in this proposed rulemaking Administration (FAA), DOT. Federal Aviation Administration by submitting such written data, views, ACTION: Notice of proposed rulemaking; or arguments as they may desire. correction. 14 CFR Part 71 Comments that provide the factual basis supporting the views and suggestions SUMMARY: This action corrects a notice [Docket No. FAA–2005–20029; Airspace presented are particularly helpful in of proposed rulemaking that was Docket No. 04–AAL–25] developing reasoned regulatory published in the Federal Register on Proposed Establishment of Class E decisions on the proposal. Comments Wednesday, January 19, 2005, (70 FR Airspace; Perryville, AK are specifically invited on the overall 2991) [FR Doc. 05–969]. It corrects an regulatory, aeronautical, economic, error in the legal description of the AGENCY: Federal Aviation environmental, and energy-related proposed Class E airspace area Administration (FAA), DOT. aspects of the proposal. designated as a surface area at Ankeny, ACTION: Notice of proposed rulemaking. Communications should identify both IA. docket numbers and be submitted in SUMMARY: This action proposes to DATES: Comments for inclusion in the triplicate to the address listed above. establish new Class E airspace at Rules Docket must be received on or Commenters wishing the FAA to Perryville, AK. A new Standard before March 1, 2005. acknowledge receipt of their comments Instrument Approach Procedure (SIAP) FOR FURTHER INFORMATION CONTACT: on this notice must submit with those and Departure Procedure are being Brenda Mumper, Air Traffic Division, comments a self-addressed, stamped published for the Perryville Airport. Airspace Branch, ACE–520A, DOT postcard on which the following There is no existing Class E airspace to Regional Headquarters Building, Federal statement is made: ‘‘Comments to contain aircraft executing the new Aviation Administration, 901 Locust, Docket No. FAA–2005–20029/Airspace instrument approach at Perryville, AK. Kansas City, MO 64106; telephone: Docket No. 04–AAL–25.’’ The postcard Adoption of this proposal would result (816) 329–2524. will be date/time stamped and returned in the establishment of Class E airspace SUPPLEMENTARY INFORMATION: to the commenter. upward from 700 feet (ft.) and 1,200 ft. All communications received on or History above the surface at Perryville, AK. before the specified closing date for Federal Register Document 05–969, DATES: Comments must be received on comments will be considered before published on Wednesday, January 19, or before March 24, 2005. taking action on the proposed rule. The 2005, (70 FR 2991) proposed to establish ADDRESSES: Send comments on the proposal contained in this notice may a Class E airspace area designated as a proposal to the Docket Management be changed in light of comments surface area and to modify the existing System, U.S. Department of received. All comments submitted will Class E airspace area extending upward Transportation, Room Plaza 401, 400 be available for examination in the from 700 feet above the surface at Seventh Street, SW., Washington, DC public docket both before and after the Ankeny, IA. The proposed airspace and 20590–0001. You must identify the closing date for comments. A report changes were to protect aircraft docket number FAA–2005–20029/ summarizing each substantive public departing from and executing Airspace Docket No. 04–AAL–25, at the contact with FAA personnel concerned instrument approach procedures to beginning of your comments. You may with this rulemaking will be filed in the Ankeny Regional Airport. However, the also submit comments on the Internet at docket. dimensions of the extension to the http://dms.dot.gov. You may review the proposed Class E airspace area public docket containing the proposal, Availability of Notice of Proposed designated as a surface area were any comments received, and any final Rulemakings (NPRMs) incorrect. disposition in person in the Dockets An electronic copy of this document Accordingly, pursuant to the Office between 9 a.m. and 5 p.m., may be downloaded through the authority delegated to me, the legal Monday through Friday, except Federal Internet at http://dms.dot.gov. Recently description of the Class E airspace area holidays. The Docket Office (telephone published rulemaking documents can designated as a surface area at Ankeny, 1–800–647–5527) is on the plaza level also be accessed through the FAA’s Web
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page at http://www.faa.gov or the keep them operationally current. It, effective September 16, 2004, is to be Superintendent of Documents’ Web therefore —(1) is not a ‘‘significant amended as follows: page at http://www.access.gpo.gov/nara. regulatory action’’ under Executive * * * * * Additionally, any person may obtain Order 12866; (2) is not a ‘‘significant a copy of this notice by submitting a rule’’ under DOT Regulatory Policies Paragraph 6005 Class E airspace extending request to the Federal Aviation upward from 700 feet or more above the and Procedures (44 FR 11034; February surface of the earth. Administration, Office of Air Traffic 26, 1979); and (3) does not warrant Airspace Management, ATA–400, 800 preparation of a regulatory evaluation as * * * * * Independence Avenue, SW., the anticipated impact is so minimal. AAL AK E5 Perryville, AK [New] Washington, DC 20591 or by calling Since this is a routine matter that will Perryville Airport, AK (202) 267–8783. Communications must only affect air traffic procedures and air (Lat. 55°54′03″ N., long. 159°09′20″ W.) identify both docket numbers for this navigation, it is certified that this rule, That airspace extending upward from 700 notice. Persons interested in being when promulgated, will not have a feet above the surface within a 6.5-mile placed on a mailing list for future significant economic impact on a radius of the Perryville Airport, and that NPRMs should contact the FAA’s Office substantial number of small entities airspace extending upward from 1,200 feet of Rulemaking, (202) 267–9677, to under the criteria of the Regulatory above the surface within a 10-mile radius of request a copy of Advisory Circular No. Flexibility Act. the Perryville Airport. 11–2A, Notice of Proposed Rulemaking The FAA’s authority to issue rules * * * * * Distribution System, which describes regarding aviation safety is found in Issued in Anchorage, AK, on January 26, the application procedure. Title 49 of the United States Code. 2005. The Proposal Subtitle 1, Section 106 describes the Anthony M. Wylie, authority of the FAA Administrator. The FAA is considering an Acting Area Director, Alaska Flight Services Subtitle VII, Aviation Programs, amendment to the Code of Federal Area Office. describes in more detail the scope of the Regulations (14 CFR Part 71), which [FR Doc. 05–2226 Filed 2–4–05; 8:45 am] agency’s authority. would establish new Class E airspace at BILLING CODE 4910–13–P This rulemaking is promulgated Perryville, AK. The intended effect of under the authority described in this proposal is to establish Class E airspace upward from 700 ft. and 1,200 Subtitle VII, Part A, Subpart 1, Section DEPARTMENT OF TRANSPORTATION ft. above the surface to contain 40103, Sovereignty and use of airspace. Federal Aviation Administration Instrument Flight Rules (IFR) operations Under that section, the FAA is charged at Perryville, AK. with prescribing regulations to ensure The FAA Instrument Flight the safe and efficient use of the 14 CFR Part 71 navigable airspace. This regulation is Procedures Production and [Docket No. FAA–2005–20031; Airspace Maintenance Branch has developed a within the scope of that authority Docket No. 05–AAL–02] new SIAP and Departure Procedure for because it proposes to establish Class E the Perryville Airport. The new airspace sufficient to contain aircraft Proposed Revision of Class E approach is Area Navigation (Global executing instrument approaches at Airspace; Kalskag, AK Positioning System) (RNAV GPS) Perryville Airport and represents the AGENCY: Federal Aviation Runway (RWY) 3, original. The CILAC FAA’s continuing effort to safely and Administration (FAA), DOT. ONE RNAV Departure will also be efficiently use the navigable airspace. ACTION: Notice of proposed rulemaking. established. New Class E controlled List of Subjects in 14 CFR Part 71 airspace extending upward from 700 ft. SUMMARY: This action proposes to revise and 1,200 ft. above the surface within Airspace, Incorporation by reference, Navigation (air). the Class E airspace at Kalskag, AK. Two the Perryville Airport area would be new Standard instrument approach created by this action. The proposed The Proposed Amendment procedures (SIAP’s) and a new Textual airspace is sufficient to contain aircraft In consideration of the foregoing, the Departure Procedure are being executing the new instrument Federal Aviation Administration published for Kalskag, AK. Additional procedures at the Perryville Airport. Class E airspace is needed to contain The area would be depicted on proposes to amend 14 CFR part 71 as aircraft executing instrument aeronautical charts for pilot reference. follows: approaches at Kalskag Airport. The coordinates for this airspace docket PART 71—DESIGNATION OF CLASS A, Adoption of this proposal would result are based on North American Datum 83. CLASS B, CLASS C, CLASS D, AND in additional Class E airspace upward The Class E airspace areas designated as CLASS E AIRSPACE AREAS; from 700 feet (ft.) above the surface at 700/1200 foot transition areas are AIRWAYS; ROUTES; AND REPORTING Kalskag, AK. published in paragraph 6005 in FAA POINTS Order 7400.9M, Airspace Designations DATES: Comments must be received on and Reporting Points, dated August 30, 1. The authority citation for 14 CFR or before March 24, 2005. 2004, and effective September 16, 2004, part 71 continues to read as follows: ADDRESSES: Send comments on the which is incorporated by reference in 14 Authority: 49 U.S.C. 106(g), 40103, 40113, proposal to the Docket Management CFR 71.1. The Class E airspace 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– System, U.S. Department of designations listed in this document 1963 Comp., p. 389. Transportation, Room Plaza 401, 400 would be published subsequently in the Seventh Street, SW., Washington, DC Order. § 71.1 [Amended] 20590–0001. You must identify the The FAA has determined that this 2. The incorporation by reference in docket number FAA–2005–20031/ proposed regulation only involves an 14 CFR 71.1 of Federal Aviation Airspace Docket No. 05–AAL–02, at the established body of technical Administration Order 7400.9M, beginning of your comments. You may regulations for which frequent and Airspace Designations and Reporting also submit comments on the Internet at routine amendments are necessary to Points, dated August 30, 2004, and http://dms.dot.gov. You may review the
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public docket containing the proposal, Availability of Notice of Proposed would be published subsequently in the any comments received, and any final Rulemakings (NPRMs) Order. disposition in person in the Dockets An electronic copy of this document The FAA has determined that this Office between 9 a.m. and 5 p.m., may be downloaded through the proposed regulation only involves an Monday through Friday, except Federal Internet at http://dms.dot.gov. Recently established body of technical holidays. The Docket Office (telephone published rulemaking documents can regulations for which frequent and 1–800–647–5527) is on the plaza level also be accessed through the FAA’s web routine amendments are necessary to of the Department of Transportation page at http://www.faa.gov or the keep them operationally current. It, NASSIF Building at the above address. Superintendent of Document’s web page therefore—(1) is not a ‘‘significant An informal docket may also be at http://www.access.gpo.gov/nara. regulatory action’’ under Executive examined during normal business hours Additionally, any person may obtain Order 12866; (2) is not a ‘‘significant at the office of the Manager, Safety, a copy of this notice by submitting a rule’’ under DOT Regulatory Policies Alaska Flight Services Operations, request to the Federal Aviation and Procedures (44 FR 11034; February Federal Aviation Administration, 222 Administration, Office of Air Traffic 26, 1979); and (3) does not warrant West 7th Avenue, Box 14, Anchorage, Airspace Management, ATA–400, 800 preparation of a regulatory evaluation as AK 99513–7587. Independence Avenue, SW., the anticipated impact is so minimal. Since this is a routine matter that will FOR FURTHER INFORMATION CONTACT: Washington, DC 20591 or by calling only affect air traffic procedures and air Jesse Patterson, AAL–538G, Federal (202) 267–8783. Communications must identify both docket numbers for this navigation, it is certified that this rule, Aviation Administration, 222 West 7th when promulgated, will not have a Avenue, Box 14, Anchorage, AK 99513– notice. Persons interested in being placed on a mailing list for future significant economic impact on a 7587; telephone number (907) 271– substantial number of small entities 5898; fax: (907) 271–2850; e-mail: NPRM’s should contact the FAA’s Office of Rulemaking, (202) 267–9677, under the criteria of the Regulatory [email protected]. Internet Flexibility Act. address: http://www.alaska.faa.gov/at. to request a copy of Advisory Circular No. 11–2A, Notice of Proposed The FAA’s authority to issue rules SUPPLEMENTARY INFORMATION: Rulemaking Distribution System, which regarding aviation safety is found in Title 49 of the United States Code. Comments Invited describes the application procedure. Subtitle 1, Section 106 describes the Interested parties are invited to The Proposal authority of the FAA Administrator. participate in this proposed rulemaking The FAA is considering an Subtitle VII, Aviation Programs, by submitting such written data, views, amendment to the Code of Federal describes in more detail the scope of the or arguments as they may desire. Regulations (14 CFR Part 71), by adding agency’s authority. Comments that provide the factual basis Class E airspace at Kalskag, AK. The This rulemaking is promulgated supporting the views and suggestions intended effect of this proposal is to under the authority described in presented are particularly helpful in revise Class E airspace upward from 700 Subtitle VII, Part A, Subpart 1, Section developing reasoned regulatory ft. above the surface to contain 40103, Sovereignty and use of airspace. decisions on the proposal. Comments Instrument Flight Rules (IFR) operations Under that section, the FAA is charged are specifically invited on the overall at Kalskag, AK. with prescribing regulations to ensure regulatory, aeronautical, economic, The FAA Instrument Flight the safe and efficient use of the environmental, and energy-related Procedures Production and navigable airspace. This regulation is aspects of the proposal. Maintenance Branch has developed two within the scope of that authority Communications should identify both new SIAP’s for the Kalskag Airport. The because in proposes to revise Class E docket numbers and be submitted in new approaches are (1) Area Navigation airspace sufficient to contain aircraft triplicate to the address listed above. (Global Positioning System) (RNAV executing instrument approaches at Commenters wishing the FAA to GPS) Runway (RWY) 6, original; and (2) Kalskag Airport and represents the acknowledge receipt of their comments RNAV (GPS)–A, original. A new Textual FAA’s continuing effort to safely and on this notice must submit with those Departure Procedure has also been efficiently use the navigable airspace. comments a self-addressed, stamped developed. Revised Class E controlled List of Subjects in 14 CFR Part 71 postcard on which the following airspace extending upward from 700 ft statement is made: ‘‘Comments to above the surface within the 12.1-mile Airspace, Incorporation by reference, Docket No. FAA–2005–20031/Airspace radius of the Kalskag Airport would be Navigation (air). Docket No. 05–AAL–02.’’ The postcard created by this action. The proposed The Proposed Amendment will be date/time stamped and returned airspace is sufficient to contain aircraft In consideration of the foregoing, the to the commenter. executing the new instrument Federal Aviation Administration All communications received on or procedures for the Kalskag Airport. proposes to amend 14 CFR part 71 as before the specified closing date for The area would be depicted on follows: comments will be considered before aeronautical charts for pilot reference. taking action on the proposed rule. The The coordinates for this airspace docket PART 71—DESIGNATION OF CLASS A, proposal contained in this notice may are based on North American Datum 83. CLASS B, CLASS C, CLASS D, AND be changed in light of comments The Class E airspace areas designated as CLASS E AIRSPACE AREAS; received. All comments submitted will 700/1200 foot transition areas are AIRWAYS; ROUTES; AND REPORTING be available for examination in the published in paragraph 6005 in FAA POINTS public docket both before and after the Order 7400.9M, Airspace Designations closing date for comments. A report and Reporting Points, dated August 30, 1. The authority citation for 14 CFR summarizing each substantive public 2004, and effective September 16, 2004, part 71 continues to read as follows: contact with FAA personnel concerned which is incorporated by reference in 14 Authority: 49 U.S.C. 106(g), 40103, 40113, with this rulemaking will be filed in the CFR 71.1. The Class E airspace 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– docket. designations listed in this document 1963 Comp., p. 389.
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§ 71.1 [Amended] Airspace Docket No. 05–AAL–01, at the contact with FAA personnel concerned 2. The incorporation by reference in beginning of your comments. You may with this rulemaking will be filed in the 14 CFR 71.1 of Federal Aviation also submit comments on the Internet at docket. http://dms.dot.gov. You may review the Administration Order 7400.9M, Availability of Notice of Proposed Airspace Designations and Reporting public docket containing the proposal, Rulemakings (NPRMs) Points, dated August 30, 2004, and any comments received, and any final effective September 16, 2004, is to be disposition in person in the Dockets An electronic copy of this document amended as follows: Office between 9 a.m. and 5 p.m., may be downloaded through the Internet at http://dms.dot.gov. Recently * * * * * Monday through Friday, except Federal holidays. The Docket Office (telephone published rulemaking documents can Paragraph 6005 Class E airspace extending 1–800–647–5527) is on the plaza level also be accessed through the FAA’s Web upward from 700 feet or more above the of the Department of Transportation page at http://www.faa.gov or the surface of the earth. NASSIF Building at the above address. Superintendent of Documents’ Web * * * * * An informal docket may also be page at http://www.access.gpo.gov/nara. Additionally, any person may obtain AAL AK E5 Kalskag, AK [Revised] examined during normal business hours a copy of this notice by submitting a Kalskag Airport, AK at the office of the Manager, Safety, ° ′ ″ ° ′ ″ Alaska Flight Services Operations, request to the Federal Aviation (Lt. 61 32 11 N., long. 160 20 29 W.) Administration, Office of Air Traffic That airspace extending upward from 700 Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, Airspace Management, ATA–400, 800 feet above the surface within a 12.1-mile Independence Avenue, SW., radius of the Kalskag Airport, excluding that AK 99513–7587. airspace within the Aniak, AK Class E area. Washington, DC 20591 or by calling FOR FURTHER INFORMATION CONTACT: (202) 267–8783. Communications must * * * * * Jesse Patterson, AAL–538G, Federal identify both docket numbers for this Issued in Anchorage, AK, on January 26, Aviation Administration, 222 West 7th notice. Persons interested in being 2005. Avenue, Box 14, Anchorage, AK 99513– placed on a mailing list for future Anthony M. Wylie, 7587; telephone number (907) 271– NPRMs should contact the FAA’s Office Acting Area Director, Alaska Flight Services 5898; fax: (907) 271–2850; e-mail: of Rulemaking, (202) 267–9677, to Area Office. [email protected]. Internet request a copy of Advisory Circular No. [FR Doc. 05–2224 Filed 2–4–05; 8:45 am] address: http://www.alaska.faa.gov/at. 11–2A, Notice of Proposed Rulemaking BILLING CODE 4910–13–P SUPPLEMENTARY INFORMATION: Distribution System, which describes Comments Invited the application procedure. DEPARTMENT OF TRANSPORTATION Interested parties are invited to The Proposal participate in this proposed rulemaking The FAA is considering an Federal Aviation Administration by submitting such written data, views, amendment to the Code of Federal or arguments as they may desire. Regulations (14 CFR Part 71), by adding 14 CFR Part 71 Comments that provide the factual basis Class E airspace at St. Michael, AK. The supporting the views and suggestions [Docket No. FAA–2005–20030; Airspace intended effect of this proposal is to Docket No. 05–AAL–01] presented are particularly helpful in revise Class E airspace upward from 700 developing reasoned regulatory ft. above the surface to contain Proposed Revision of Class E decisions on the proposal. Comments Instrument Flight Rules (IFR) operations Airspace; St. Michael, AK are specifically invited on the overall at St. Michael, AK. regulatory, aeronautical, economic, The FAA Instrument Flight AGENCY: Federal Aviation environmental, and energy-related Procedures Production and Administration (FAA), DOT. aspects of the proposal. Maintenance Branch has developed two ACTION: Notice of proposed rulemaking. Communications should identify both new SIAPs for the St. Michael Airport. docket numbers and be submitted in The new approaches are (1) Area SUMMARY: This action proposes to revise triplicate to the address listed above. Navigation (Global Positioning System) the Class E airspace at St. Michael, AK. Commenters wishing the FAA to (RNAV GPS) Runway (RWY) 2, original; Two new Standard instrument approach acknowledge receipt of their comments and (2) RNAV (GPS) RWY 20, original. procedures (SIAPs) and a new Textual on this notice must submit with those A new Textual Departure Procedure has Departure Procedure are being comments a self-addressed, stamped also been developed. Revised Class E published for St. Michael, AK. postcard on which the following controlled airspace extending upward Additional Class E airspace is needed to statement is made: ‘‘Comments to from 700 ft above the surface within the contain aircraft executing instrument Docket No. FAA–2005–20030/Airspace 8.4-mile radius of the St. Michael approaches at St. Michael Airport. Docket No. 05–AAL–01.’’ The postcard Airport would be created by this action. Adoption of this proposal would result will be date/time stamped and returned The proposed airspace is sufficient to in additional Class E airspace upward to the commenter. contain aircraft executing the new from 700 feet (ft.) above the surface at All communications received on or instrument procedures for the St. St. Michael, AK. before the specified closing date for Michael Airport. DATES: Comments must be received on comments will be considered before The area would be depicted on or before March 24, 2005. taking action on the proposed rule. The aeronautical charts for pilot reference. ADDRESSES: Send comments on the proposal contained in this notice may The coordinates for this airspace docket proposal to the Docket Management be changed in light of comments are based on North American Datum 83. System, U.S. Department of received. All comments submitted will The Class E airspace areas designated as Transportation, Room Plaza 401, 400 be available for examination in the 700/1200-foot transition areas are Seventh Street, SW., Washington, DC public docket both before and after the published in paragraph 6005 in FAA 20590–0001. You must identify the closing date for comments. A report Order 7400.9M, Airspace Designations docket number FAA–2005–20030/ summarizing each substantive public and Reporting Points, dated August 30,
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2004, and effective September 16, 2004, Authority: 49 U.S.C. 106(g), 40103, 40113, determination that certain types of which is incorporated by reference in 14 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– operations that its representative CFR 71.1. The Class E airspace 1963 Comp., p. 389. companies might perform using U.S.- designations listed in this document § 71.1 [Amended] registered foreign civil aircraft (such as would be published subsequently in the carriage of a company’s own officials 2. The incorporation by reference in Order. and guests, or aircraft time-sharing, 14 CFR 71.1 of Federal Aviation The FAA has determined that this interchange or joint ownership Administration Order 7400.9M, proposed regulation only involves an arrangements between companies) do Airspace Designations and Reporting established body of technical not, in fact, constitute operations ‘‘for Points, dated August 30, 2004, and regulations for which frequent and remuneration or hire’’ within the effective September 16, 2004, is to be routine amendments are necessary to meaning of Part 375. The NBAA noted amended as follows: keep them operationally current. It, that a favorable response would therefore—(1) is not a ‘‘significant * * * * * eliminate the need for the companies regulatory action’’ under Executive Paragraph 6005 Class E airspace extending involved to secure a permit for such Order 12866; (2) is not a ‘‘significant upward from 700 feet or more above the operations. The Department of rule’’ under DOT Regulatory Policies surface of the earth. Transportation is now proposing to and Procedures (44 FR 11034; February * * * * * amend 14 CFR part 375 to clarify those 26, 1979); and (3) does not warrant circumstances under which companies AAL AK E5 St. Michael, AK [Revised] preparation of a regulatory evaluation as operating U.S.-registered foreign civil the anticipated impact is so minimal. St. Michael Airport, AK ° ′ ″ ° ′ ″ aircraft are not deemed to be involved Since this is a routine matter that will (Lat. 63 29 24 N., long. 162 06 37 W.) in air commerce for remuneration or only affect air traffic procedures and air That airspace extending upward from 700 hire and, therefore, are not required navigation, it is certified that this rule, feet above the surface within an 8.4-mile under Part 375 to obtain a foreign radius of the St. Michael Airport. when promulgated, will not have a aircraft permit. significant economic impact on a * * * * * On July 7, 2003, the Department substantial number of small entities Issued in Anchorage, AK, on January 26, solicited comments on the NBAA under the criteria of the Regulatory 2005. request (see 68 FR 40321 (July 7, 2003)). Flexibility Act. Anthony M. Wylie, Pursuant to the Department’s request, The FAA’s authority to issue rules comments were filed by interested regarding aviation safety is found in Acting Area Director, Alaska Flight Services Area Office. parties. The Department has reviewed Title 49 of the United States Code. the comments filed in Docket OST– Subtitle 1, Section 106 describes the [FR Doc. 05–2223 Filed 2–4–05; 8:45 am] BILLING CODE 4910–13–P 2003–15511 and now proposes to authority of the FAA Administrator. amend Part 375 of our regulations as Subtitle VII, Aviation Programs, described below. describes in more detail the scope of the DEPARTMENT OF TRANSPORTATION agency’s authority. DATES: Comments on the proposal must be received by April 8, 2005. Late-filed This rulemaking is promulgated Office of the Secretary under the authority described in comments will be considered to the extent practicable. Subtitle VII, Part A, Subpart 1, Section 14 CFR Part 375 40103, Sovereignty and use of airspace. ADDRESSES: You may submit comments Under that section, the FAA is charged [Docket No. OST–2003–15511] identified by DOT DMS Docket Number with prescribing regulations to ensure OST–2003–15511 by any of the RIN 2105–AD39 the safe and efficient use of the following methods: • navigable airspace. This regulation is Certain Business Aviation Activities Web site: http://dms.dot.gov. within the scope of that authority Using U.S.-Registered Foreign Civil Follow the instructions for submitting because it proposes to revise Class E Aircraft comments on the DOT electronic docket airspace sufficient to contain aircraft site. executing instrument approaches at St. AGENCY: Office of the Secretary, • Fax: 1–202–493–2251. Michael Airport and represents the Department of Transportation. • Mail: Docket Management Facility; FAA’s continuing effort to safely and ACTION: Notice of proposed rulemaking. U.S. Department of Transportation, 400 efficiently use the navigable airspace. Seventh Street, SW., Nassif Building, SUMMARY: Under Part 375 of the Room PL–401, Washington, DC 20590– List of Subjects in 14 CFR Part 71 Department’s regulations, 14 CFR part 001. Airspace, Incorporation by reference, 375, which provides for the operation in • Hand Delivery: Room PL–401 on Navigation (air). the United States of ‘‘foreign civil the plaza level of the Nassif Building, The Proposed Amendment aircraft’’ which are not engaged in 400 Seventh Street, SW., Washington, common carriage, persons or entities DC, between 9 a.m. and 5 p.m., Monday In consideration of the foregoing, the seeking to operate foreign civil aircraft through Friday, except Federal holidays. Federal Aviation Administration within the United States involving the • Federal eRulemaking Portal: Go to proposes to amend 14 CFR part 71 as carriage of persons, property and mail http://www.regulations.gov. Follow the follows: ‘‘for remuneration or hire’’ must obtain online instructions for submitting PART 71— DESIGNATION OF CLASS a ‘‘foreign aircraft permit’’ from the comments. A, CLASS B, CLASS C, CLASS D, AND Department of Transportation under Instructions: All submissions must CLASS E AIRSPACE AREAS; that Part. On May 16, 2003, the National include the agency name and docket AIRWAYS; ROUTES; AND REPORTING Business Aircraft Association (NBAA), a number or Regulatory Identification POINTS trade association that represents many Number (RIN) for this rulemaking. For business aircraft operators throughout detailed instructions on submitting 1. The authority citation for 14 CFR the United States, wrote to the comments and additional information part 71 continues to read as follows: Department requesting a policy on the rulemaking process, see the
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Public Participation heading of the where the management and/or board of business, and the full scope of intra- SUPPLEMENTARY INFORMATION section of directors and management of the corporate family operations. Dassault this document. Note that all comments corporation were not entirely composed notes that most businesses operating received will be posted without change of U.S. citizens. In both instances the aircraft carry employees, customers, and to http://dms.dot.gov including any Department indicated that such other persons with whom they conduct personal information provided. Please operations, within the confines of the business. These activities, Dassault see the Privacy Act heading under record of those interpretations, did not maintains, are incidental to, and in Regulatory Notices. constitute operations for remuneration support of, a company’s primary Docket: For access to the docket to or hire, and, therefore, a foreign aircraft businesses, as opposed to being a read background documents or permit would not be required under Part business in and of itself. Dassault notes comments received, go to http:// 375 of the Department’s regulations. that a broader interpretation by the Department of Part 375 similar to that dms.dot.gov at any time or to Room PL– Summary of Comments Filed 401 on the plaza level of the Nassif requested by NBAA will result in Building, 400 Seventh Street, SW., Pursuant to the Department’s request conformity with the manner in which Washington, DC, between 9 a.m. and 5 for comments on NBAA’s proposal, the the Federal Aviation Administration p.m., Monday through Friday, except Department received comments from treats these activities under 14 CFR Part Federal holidays. several parties. 91 for the purposes of aircraft FOR FURTHER INFORMATION CONTACT: Comments in Support of NBAA’s certification. David Modesitt, Chief, Europe Division, Request Carnival Corporation, a/k/a Carnival Cruise Lines, also filed comments that Office of International Aviation (X–40), Comments in support of NBAA’s U.S. Department of Transportation, 400 supported DOT issuance of the policy request were filed by NBAA, Dassault determination requested by NBAA. 7th Street, SW., Washington, DC 20590; Falcon Jet Corporation, Carnival Cruise (202) 366–2384. Carnival sees no useful purpose for the Lines, and Ford Motor Company. In its Department to consider the activities at SUPPLEMENTARY INFORMATION: The issue comments, NBAA strongly supports a issue to be commercial in nature when here is whether, and under what policy determination that makes it clear they are conducted entirely for the circumstances, companies operating that the business operations at issue benefit of business-related participants, U.S.-registered foreign civil aircraft are here are non-commercial in nature, and with no elements of holding out for sale, engaged in commercial air operations are not subject to the prior approval and without compensation other than for remuneration or hire to, from, and requirements of Part 375. NBAA limited and defined reimbursement of within the United States. Part 375 maintains that application of the Part expenses. Nor does Carnival believe that defines ‘‘foreign civil aircraft’’ as ‘‘(a) an 375 prior approval requirements to such such operations should be restricted aircraft of foreign registry that is not part operations does not make practical because one of the participants in not a of the armed forces of a foreign nation, sense and serves only as an impediment U.S. citizen, as doing so would restrict or (b) a U.S.-registered aircraft owned, to efficient business aviation operations. the free flow of business aviation due to controlled or operated by persons who NBAA further states that business the burden of regulatory approvals. are not citizens or permanent residents aircraft operations are non-commercial Carnival also noted that the NBAA of the United States.’’ 49 U.S.C. in nature because they: are not for request would more closely align the 40102(a)(15) defines ‘‘citizen of the remuneration or hire; are conducted way the Department treats such United States’’ as, among other things, entirely incidental to the principal business activities with the FAA’s ‘‘a corporation or association organized business of the company; are not a regulations. under the laws of the United States or business per se; and, contain no a State, the District of Columbia, or a elements of holding out to the general Comments Opposing NBAA’s Request territory or possession of the United public. Such services, NBAA says, are In filed comments, the Air Transport States, of which the president and at without compensation in most cases Association of America, Inc., (ATA) least two-thirds of the board of directors other than limited and defined asked the Department to deny NBAA’s and other managing officers are citizens reimbursement of expenses. Finally, request. ATA stated that because the of the United States, which is under the NBAA maintains that application of Part NBAA’s request raises cabotage and actual control of citizens of the United 375’s prior approval requirements to bilateral international aviation issues, it States, and in which at least 75 percent these operations, particularly if due to seeks relief than cannot be considered of the voting interest is owned or the involvement of one or more non- properly and granted through a controlled by persons that are citizens of U.S. citizens, would restrict the free regulatory interpretation. ATA stated the United States.’’ Thus, if a company flow of business aviation, and that doing that it does not object to a previous that does not meet the definition of a so sets a bad precedent for other Departmental interpretation of Part 375 citizen of the United States (for countries’ assessment of whether to saying that authority is not required for example, if its president is not a U.S. restrict U.S. general aviation operations certain operations by a parent company citizen) owns, directly or through a for business-related purposes. on behalf of a wholly-owned subsidiary parent or subsidiary, a corporate Dassault Falcon Jet Corp., a major and vice versa. ATA’s concern, aircraft, that aircraft is considered to be manufacturer of business aircraft, filed however, is about a broadening of that a ‘‘foreign civil aircraft’’ under Part 375, comments that strongly supported the interpretation to involve non-related even if it is U.S.-registered. NBAA position and asked the companies with unrestricted The Department has addressed this Department to extend the current involvement of non-U.S. citizens. ATA issue in limited fashion in past interpretation of Part 375 beyond expressed concern that granting the interpretations of Part 375 as it pertains aircraft demonstration flights and relief sought by NBAA would generate to demonstration flights performed on a parent/wholly-owned subsidiary incentives for foreign companies to pool chargeback basis related to the sale of situations to include other related U.S.-registered aircraft in order to get aircraft and chargeback operations business activities, such as aircraft time- additional compensation and, therefore, conducted by a parent for its wholly- sharing, aircraft interchanges, joint a better return on their aircraft owned subsidiary under circumstances ownership of aircraft by multiple investment that would otherwise not be
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available, and that the bigger the pool of consistently falls short of a fully- of services that they could provide if such participants the greater the risk allocated cost recovery, much less a their aircraft were not considered to be that such arrangements would involve profit. ‘‘foreign civil aircraft’’ under Part 375. true commercial operations. ATA also This situation, in our view, significantly ATA Surreply stated that the NBAA proposal would hampers the companies’ flexibility, and allow such foreign entities to On October 2, 2003, ATA filed a puts them at a competitive disadvantage circumvent their home countries’ motion for leave to file a surreply. ATA compared with companies that qualify restrictive bilateral agreements with the stated that the issues of cabotage and as U.S. citizens. United States, thereby allowing foreign international reciprocity that are We believe, in the context of the entities to avoid longstanding U.S. implicated here are irrefutable. ATA limited business-related activities raised statutory prohibitions against cabotage. also stated that the distinction drawn by by NBAA, that public interest ATA expressed concern that under the the NBAA between corporate aircraft considerations warrant treating U.S. and NBAA proposal there would be no operations and commercial operations foreign-citizen companies operating assurance of reciprocity by foreign or common carriage is a moot point, as U.S. registered aircraft the same way. governments in their treatment of the issue is whether companies can Specifically, we believe that similar operations of U.S. citizens operate in air commerce without being reimbursement should not be operating in foreign countries. Finally, common carriers. ATA stated that the considered remuneration or hire within with respect to time share operations, question of whether corporate aircraft the context of Part 375 where a ATA maintains one element of the cost operations are incidental to a business company operating a U.S.-registered recovery allowance, namely the ability is of no consequence, because the foreign civil aircraft engages in the to charge in addition to other services involved are performed by a kinds of business air service specifically allowed incremental cost third party and the third party would be transactions as defined below, and is recoveries, a 100% fee of fuel, oil and receiving compensation. reimbursed for its expenses as set forth lubrication expenses, provides a return NBAA Surreply in our proposed amendments. As such, above marginal operating costs and the operations would be authorized by therefore would allow a profit for time On October 3, 2003, NBAA filed a regulation and would no longer require share operations on a marginal cost motion for leave to file a surreply. prior approval in the form of a foreign basis. NBAA stated that the issue of whether aircraft permit under Part 375. Our general aviation operations of corporate NBAA Reply decision to level the playing field in this aircraft operators are conducted for instance by placing U.S. and foreign- On August 27, 2003, NBAA requested commercial benefit has been addressed citizen companies on the same footing leave to submit a reply to the comments numerous times, and that ATA is has the added practical advantage of of ATA. In the interest of a complete mistaken in its belief that aircraft time- treating U.S.-registered foreign civil record, we accepted NBAA’s reply sharing, joint ownership, and aircraft in our regulations similarly to comments, as well as the surreply interchange operations constitute U.S.-registered civil aircraft in FAA comments of ATA and NBAA discussed operations for compensation or hire. regulations.1 below. In its reply, NBAA stated that We propose to implement the ATA’s concerns are unfounded. NBAA Discussion proposed changes by adding a new believed that ATA misunderstands It is our tentative view that NBAA has crucial concepts that distinguish made a persuasive case for the changes section to subpart D, of part 375. That corporate aviation from common to Part 375 that it seeks, and we are new section, ‘‘Certain business aviation carriage. NBAA cited as distinctions the proposing to amend our regulations to activities using U.S.-registered foreign requirement that the transportation be effect those changes. civil aircraft’’, would authorize those merely incidental to the corporate As NBAA notes, pursuant to 14 CFR operations that NBAA requested to be operator’s principal business, that the 91.501 of the FAA’s regulations, U.S. covered. We are also proposing a minor corporate operator engage in no holding citizen operators of U.S.-registered technical amendment to the existing out or other indicia of common carriage, aircraft now perform, without prior language in § 375.1 to reflect the and that any payments made to Department approval, the kinds of recodification of Title 49 of the U.S. corporate operators do not exceed costs. intracorporate, interchange, joint Code, changing the current reference of These distinctions, NBAA maintained, ownership, and time-sharing operations ‘‘section 402 of the Federal Aviation Act assure that the worst-case scenario that are the subject of this proceeding. of 1958, as amended’’ to ‘‘49 U.S.C. envisioned by ATA—that foreign Such operations are more problematic 41301.’’ We are also updating the corporations would join together to for companies operating U.S.-registered authority citation for Part 375 to reflect secure economic benefits under the foreign civil aircraft under the current recodification of Title 49. NBAA proposal—would not happen, Part 375, which defines ‘‘commercial air In making this proposal, we are just as it has not happened with respect operations’’ (requiring specific mindful of the concerns raised by the to U.S. corporations during the more Department approval) as ‘‘any parties filing pleadings in opposition to than thirty years they have operated operations for remuneration or hire to, NBAA’s proposal. We believe, however, under comparable FAA provisions. from, or within the United States that the public benefits to be gained NBAA stated further that its proposal is ***,’’ and which makes no distinction from this regulation would outweigh not contrary to the U.S. statutory for the kinds of business-oriented those concerns. We concur with ATA’s prohibition against cabotage, and does transportation provided for under the view that the relief NBAA seeks cannot not diminish Departmental oversight FAA’s regulations. be accomplished merely through responsibility of foreign commercial air As the U.S. economy has become interpretation of existing rules, and it is service. Concerning ATA concerns that more global and companies more time share operators cost recovery multinational in character, more and 1 We wish to make clear, however, that nothing in our proposed change to Part 375 would in any allowances could potentially involve a more businesses find it difficult or way serve to alter any orders, regulations, or profit for the aircraft operator, NBAA impossible to operate separate corporate requirements, or interpretations thereof, of the states that the allowable cost recovery flight departments or conduct the range Federal Aviation Administration.
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for this reason that we are inviting Regulatory Analyses and Notices well as recent actions in industry and public comment through this NPRM. All comments received before the governmental policy seeking improved We do not believe that the very close of business on the comment corporate accounting practices. limited changes we are proposing here closing date indicated above will be Federalism will result in a circumvention of considered and will be available for The Department has analyzed this bilateral aviation agreements, or raise examination in the docket at the above rulemaking action in accordance with any cabotage concerns. With respect to address. Comments received after the the principles and criteria set forth in bilateral issues, we see the changes we comment closing date will be filed in Executive Order 13132 and has are proposing as having the potential to the docket and will be considered to the determined that it does not have assist U.S. corporate operators abroad, extent practicable. In addition to late sufficient federalism implications to as it will indicate U.S. willingness to comments, the Department will also warrant consultation with State and accord reciprocity for these sorts of continue to file relevant information in local officials. The Department business-related transportation the docket as it becomes available after anticipates that any action taken will arrangements. Still, if problems should the comment period closing date, and not preempt a State law or State occur, and reciprocity should be denied interested persons should continue to regulation or affect the States’ ability to to U.S. operators, we have ample tools examine the docket for new material. A discharge traditional State government to seek resolution of such access final rule may be issued at any time functions. We encourage commenters to problems. after close of the comment period. consider these issues, as well as matters Moreover, we do not see that the Executive Order 12866 and DOT concerning any costs or burdens that changes we are proposing raise any Regulatory Policies and Provisions might be imposed on the States as a result of actions considered here. cabotage issues. As noted, our proposed This rule is a significant regulation changes merely find that certain limited under Executive Order 12866 and DOT Regulatory Flexibility Act reimbursements made in connection Regulatory Policies and Provisions The Regulatory Flexibility Act (5 with corporate-related travel do not because of industry interest. U.S.C. 601, et seq, as amended by the constitute remuneration within the The economic impact of the Small Business Regulatory Enforcement context of Part 375, and put all implementation of the proposed rule is Fairness Act (SBREFA) of 1996 requires operators of U.S-registered aircraft on not considered to be significant. The an agency to review regulations to the same economic regulatory footing. It rule would save certain U.S. companies assess their impact on small businesses. should be noted that we made a similar the legal expenses and data-preparation The Department certifies that this rule change to Part 375 in 1986 with respect expenses of submitting and processing will not have a significant economic to expense-related reimbursements for requests for DOT authority to conduct impact on a substantial number of small demonstration flights by foreign civil specified types of intracorporate flight entities. The rule would almost aircraft, finding that those operations. In turn, the Department exclusively affect only large reimbursements did not constitute would save staff expense by not having corporations. In addition, we anticipate remuneration.2 In our view, neither to process additional foreign air carrier the rule would have little, if any, forms of business-related permit applications. economic impact. reimbursement raise any problems with Until recently, management in the statutory provisions of 49 U.S.C. American companies was far more Paperwork Reduction Act 41703. substantially composed of American Under the Paperwork Reduction Act citizens, and therefore U.S. companies With respect to concerns raised about of 1995, 44 U.S.C. 3501–3520, Federal operating non-commercial general operators pooling aircraft and arranging agencies must obtain approval from the aviation aircraft for parent or subsidiary their operations so as to become Office of Management and Budget companies on a cost-reimbursement (OMB) for each collection of common carriers without requisite basis did not experience difficulty in information they conduct, sponsor, or Department authority, we must satisfying Departmental rules on require through regulations. This rule emphasize that such operations are not citizenship. (Although the citizenship contains information collection permissible today, nor have they been rules were intended to apply primarily requirements. As required by the under longstanding rules (FAA’s Part to commercial operators, they also apply Paperwork Reduction Act, the 91). Also, in detailing in this rulemaking to many general aviation operations of Department will submit this under Part 375 those expense elements U.S. companies.) With economic requirement to the Office of Information that can be considered for purposes of globalization, more non-U.S. citizens and Regulatory Affairs of the OMB for reimbursement, we are specifically have become members of management review, and reinstatement, with change excluding profit, which should in U.S. companies, and in a number of of a previously approved collection for additionally serve to meet the concerns instances those companies now fail to which approval has expired. raised by ATA. In any event, we are in qualify under Departmental citizenship OST Form 4509 is a required a position to monitor such activities. If rules for the reimbursable operation of application for foreign aircraft permit or any operations develop that would general aircraft. They accordingly must special authorization. The Department constitute, in our view, common carrier seek Department approval to perform requires operators of foreign civil operations by one of the companies such operations. The proposed rule aircraft to obtain the permits before operating under the amended rule we would remove the regulatory burden conducting certain flight operations are proposing, we have adequate these companies now face of having to within U.S. airspace. In granting such enforcement powers to assure that the obtain Department approval for flight permits, the Department determines that operator involved complies with all operations involving intracorporate the proposed operation is consistent relevant statutory and regulatory reimbursement of expenses. Further, the with the applicable law, that the requirements. rule provides a rational methodology for applicant’s homeland grants a similar such reimbursement. This is consistent privilege to U.S. registered aircraft, and 2 See 51 FR 7251 (Mar. 3, 1986). with sound accounting practices, as that the proposed operation is in the
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interest of the public of the United agricultural and industrial operations (d) Time-sharing operations: A States. performed in the United States, and any company may lease a U.S.-registered OMB Number: 2106–0007. operations for remuneration or hire to, foreign civil aircraft, with crew, to Title: 14 CFR part 375 Navigation of from or within the United States another company; provided, that the Foreign Civil Aircraft Within the United including air carriage involving the operator may collect no charge for the States. discharging or taking on of passengers operation of the aircraft except Burden Hours: 13. or cargo at one or more points in the reimbursement for: Affected Public: Business or other for- United States, including carriage of (1) Fuel, oil, lubricants, and other profit. cargo for the operator’s own account if additives. Description of Paperwork: The the cargo is to be resold or otherwise (2) Travel expenses of the crew, proposed changes to the rulemaking are used in the furtherance of a business including food, lodging, and ground intended to save certain U.S. companies other than the business of providing transportation. the legal expenses and data preparation carriage by aircraft, but excluding (3) Hanger and tie-down costs away expenses of submitting and processing operations pursuant to foreign air carrier from the aircraft’s base of operations. requests for DOT authority to conduct permits issued under 49 U.S.C. 41301, (4) Insurance obtained for the specific special types of intracorporate flight exemptions, and all other operations in flight. operations. The Department would also air transportation. (5) Landing fees, airport taxes, and save staff expenses by not having to * * * * * similar assessments. process additional permit applications. 3. A new section, § 375.37, would be (6) Customs, foreign permit, and similar fees directly related to the flight. Unfunded Mandates Reform Act added to read as follows: (7) In flight food and beverages. This rule, if adopted as proposed, § 375.37 Certain business aviation (8) Passenger ground transportation. would not impose an unfunded activities using U.S.-registered foreign civil (9) Flight planning and weather aircraft. mandate for the purposes of the contract services. Unfunded Mandates Reform Act of For purposes of this section, (10) An additional charge equal to 100 1995. ‘‘company’’ is defined as one that percent of the expenses for fuel, oil, operates civil aircraft in furtherance of lubricants, and other additives. Regulation Identifier (RIN) a business other than air transportation. Issued under authority delegated in 49 CFR A regulation identifier (RIN) is U.S.-registered foreign civil aircraft that are not otherwise engaged in 1.56a this 28th day of January, 2005, in assigned to each regulatory action listed Washington, DC. commercial air operations, or foreign air in the United Agenda of Federal Karan K. Bhatia, Regulations. The Regulatory Information transportation, and which are operated by a company in the furtherance of a Assistant Secretary for Aviation and Service Center publishes the Unified International Affairs. Agenda in April and October of each business other than transportation by [FR Doc. 05–2035 Filed 2–4–05; 8:45 am] year. The RIN contained in the heading air, when the carriage is within the of this document can be used to cross- scope of, and incidental to, the business BILLING CODE 4910–62–P reference this action with the Unified of the company (other than Agenda. transportation by air), may be operated to, from, and within the United States NATIONAL ARCHIVES AND RECORDS List of Subjects in 14 CFR Part 375 as follows: ADMINISTRATION Aircraft, Airmen, Foreign relations, (a) Intracorporate operations: A Reporting and recordkeeping company operating a U.S.-registered 36 CFR Part 1253 requirements. foreign civil aircraft may conduct RIN 3095–AB47 operations for a corporate subsidiary or PART 375–NAVIGATION OF FOREIGN parent on a fully-allocated cost NARA Facility Locations and Hours CIVIL AIRCRAFT WITHIN THE UNITED reimbursable basis; provided, that the AGENCY: STATES operator of the U.S.-registered foreign National Archives and Records civil aircraft must hold majority Administration (NARA). For the reasons set forth in the ownership, or be majority owned by, the ACTION: Proposed rule. preamble, the Department of relevant subsidiary or parent company; SUMMARY: Transportation proposes to amend 14 (b) Interchange operations: A NARA proposes to add to its CFR part 375 as follows: company may lease a U.S.-registered regulations the location of the William 1. The authority citation for 14 CFR foreign civil aircraft to another J. Clinton Presidential Library in Little Part 375 would be amended by revising company, in exchange for equal time, Rock, Arkansas, and the location and the citation to read as follows: when needed on the other company’s hours for the regional archives in Authority: 49 U.S.C. 40102, 40103, and U.S. registered aircraft, where no charge, NARA’s Southeast Region (Atlanta) in 41703. assessment, or fee is made, except that Morrow, Georgia. This proposed rule will affect the public. 2. The definition of ‘‘Commercial air a charge may be made not to exceed the operations’’ in § 375.1 would be revised difference between the cost of owning, DATES: Submit comments on or before to read as follows: operating, and maintaining the two April 8, 2005. aircraft; ADDRESSES: NARA invites interested § 375.1 Definitions. (c) Joint ownership operations: A persons to submit comments on this * * * * * company that jointly owns a U.S.- proposed rule. Please include ‘‘Attn: Commercial air operations shall mean registered foreign civil aircraft and 3095–AB47’’ and your name and operations by foreign civil aircraft furnishes the flight crew for that aircraft mailing address in your comments. engaged in flights for the purpose of may collect from the other joint owners Comments may be submitted by any of crop dusting, pest control, pipeline of that aircraft a share of the actual costs the following methods: patrol, mapping, surveying, banner involved in the operation of the aircraft; • Federal eRulemaking Portal: Go to towing, skywriting, or similar and http://www.regulations.gov. Follow the
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online instructions for submitting PART 1253—LOCATIONS OF 2004–ME–0003 by one of the following comments. RECORDS AND HOURS OF USE methods: • E-Mail: Send comments to 1. Federal eRulemaking Portal: 1. The authority citation for part 1253 http://www.regulations.gov. Follow the [email protected]. If you do not continues to read as follows: receive a confirmation that we have on-line instructions for submitting received your e-mail message, contact Authority: 44 U.S.C. 2104(a). comments. Jennifer Davis Heaps at 301–837–1850. 2. Amend § 1253.3 by adding 2. Agency Web site: http:// docket.epa.gov/rmepub/ Regional • paragraph (k) to read as follows: Fax: Submit comments by facsimile Material in EDocket (RME), EPA’s transmission to 301–837–0319. § 1253.3 Presidential Libraries. electronic public docket and comment • Mail: Send comments to * * * * * system, is EPA’s preferred method for Regulations Comments Desk (NPOL), (k) William J. Clinton Library is receiving comments. Once in the Room 4100, Policy and located at 1200 President Clinton system, select ‘‘quick search,’’ then key Communications Staff, National Avenue, Little Rock, AR 72201. The in the appropriate RME Docket Archives and Records Administration, phone number is 501–374–4242 and the identification number. Follow the on- 8601 Adelphi Road, College Park, MD fax number is 501–244–2883. The e- line instructions for submitting 20740–6001. mail address is comments. • Hand Delivery or Courier: Deliver [email protected]. 3. E-mail: [email protected]. comments to 8601 Adelphi Road, 3. Amend § 1253.7 by revising 4. Fax: (617) 918–0661. College Park, MD. paragraph (e) to read as follows: 5. Mail: ‘‘RME ID Number R01–OAR– 2004–ME–0003,’’ David Conroy, U.S. FOR FURTHER INFORMATION CONTACT: § 1253.7 Regional Archives. Environmental Protection Agency, EPA Jennifer Davis Heaps at 301–837–1801. * * * * * New England Regional Office, One (e) NARA—Southeast Region SUPPLEMENTARY INFORMATION: The Congress Street, Suite 1100 (mail code (Atlanta) is located at 5780 Jonesboro William J. Clinton Presidential Library CAQ), Boston, MA 02114–2023. Road, Morrow, GA 30260. The hours are opened to the public on November 19, 6. Hand Delivery or Courier. Deliver 8:30 a.m. to 5 p.m., Tuesday through 2004. Accordingly, NARA updates the your comments to: David Conroy, Unit Saturday. The telephone number is 404– list of Presidential libraries to include Manager, Air Quality Planning, Office of 968–2500. contact information for the new library. Ecosystem Protection, U.S. As for other Presidential libraries NARA * * * * * Environmental Protection Agency, EPA New England Regional Office, One operates, listed at 36 CFR part 1253, the Dated: February 2, 2005. Congress Street, 11th floor, (CAQ), hours for the Clinton Library are 9 a.m. John W. Carlin, to 5 p.m., Monday through Friday. Boston, MA 02114–2023. Such Archivist of the United States. deliveries are only accepted during the In addition, the regional archives in [FR Doc. 05–2256 Filed 2–4–05; 8:45 am] Regional Office’s normal hours of NARA’s Southeast Region (Atlanta) is BILLING CODE 7515–01–P operation. The Regional Office’s official moving from East Point, Georgia, and hours of business are Monday through will open at its new location adjacent to Friday, 8:30 to 4:30, excluding Federal the Georgia Archives in Morrow, ENVIRONMENTAL PROTECTION holidays. Georgia. The regional archives’ AGENCY Please see the direct final rule which microfilm reading room is scheduled to is located in the Rules section of this open to the public on March 1, 2005, 40 CFR Part 52 Federal Register for detailed and the textual research room and the [R01–OAR–2004–ME–0003; A–1–FRL–7863– instructions on how to submit rest of the facility on April 1, 2005. The 1] comments. hours for the regional archives in FOR FURTHER INFORMATION CONTACT: NARA’s Southeast Region (Atlanta) are Approval and Promulgation of Air Anne Arnold, Air Quality Planning designated Tuesday through Saturday to Quality Implementation Plans; Maine; Unit, U.S. Environmental Protection conform to the hours of the Georgia Portable Fuel Containers Archives. Agency, EPA New England Regional AGENCY: Environmental Protection Office, One Congress Street, Suite 1100 This proposed rule is not a significant Agency (EPA). (CAQ), Boston, MA 02114–2023, (617) regulatory action for the purposes of ACTION: Proposed rule. 918–1047, [email protected]. Executive Order 12866 and has not been SUPPLEMENTARY INFORMATION: In the reviewed by the Office of Management SUMMARY: EPA is proposing to approve Final Rules section of this Federal and Budget (OMB). As required by the a State Implementation Plan (SIP) Register, EPA is approving the State’s Regulatory Flexibility Act, it is hereby revision submitted by the State of SIP submittal as a direct final rule certified that this proposed rule will not Maine. This revision establishes without prior proposal because the have a significant impact on a requirements to reduce volatile organic Agency views this as a noncontroversial substantial number of small entities compound (VOC) emissions from submittal and anticipates no adverse because this rule applies to individual portable fuel containers. The intended comments. A detailed rationale for the researchers. This proposed rule does not effect of this action is to approve these approval is set forth in the direct final have any federalism implications. requirements into the Maine SIP. EPA is rule. If no adverse comments are List of Subjects in 36 CFR Part 1253 taking this action in accordance with received in response to this rule, no the Clean Air Act (CAA). further activity is contemplated. If EPA Archives and records. DATES: Written comments must be receives adverse comments, the direct For the reasons set forth in the received on or before March 9, 2005. final rule will be withdrawn and all preamble, NARA proposes to amend ADDRESSES: Submit your comments, public comments received will be part 1253 of title 36, Code of Federal identified by Regional Material in addressed in a subsequent final rule Regulations, as follows: EDocket (RME) ID Number R01–OAR– based on this proposed rule. EPA will
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not institute a second comment period. which provisions are being withdrawn. regulations.gov, or e-mail. The EPA Any parties interested in commenting If part or all of the direct final rule in EDOCKET and the federal on this action should do so at this time. the Rules and Regulations section of regulations.gov Web sites are Please note that if EPA receives adverse today’s Federal Register is withdrawn, ‘‘anonymous access’’ systems, which comment on an amendment, paragraph, all comments pertaining to those means EPA will not know your identity or section of this rule and if that provisions will be addressed in a or contact information unless you provision may be severed from the subsequent final rule based on the provide it in the body of your comment. remainder of the rule, EPA may adopt proposed amendments. We will not If you send an e-mail comment directly as final those provisions of the rule that institute a second comment period on to EPA without going through are not the subject of an adverse the subsequent final action. Any parties EDOCKET or regulations.gov, your e- comment. interested in commenting must do so at mail address will be automatically For additional information, see the this time. captured and included as part of the direct final rule which is located in the DATES: Comments. Written comments comment that is placed in the public Rules section of this Federal Register. must be received on or before February docket and made available on the Dated: January 12, 2005. 17, 2005 unless a hearing is requested Internet. If you submit an electronic Robert W. Varney, by February 14, 2005. If a hearing is comment, EPA recommends that you include your name and other contact Regional Administrator, EPA New England. requested, written comments must be information in the body of your [FR Doc. 05–2061 Filed 2–4–05; 8:45 am] received on or before February 22, 2005. Public Hearing. If anyone contacts the comment and with any disk or CD–ROM BILLING CODE 6560–50–P EPA requesting to speak at a public you submit. If EPA cannot read your hearing, a public hearing will be held on comment due to technical difficulties ENVIRONMENTAL PROTECTION February 17, 2005. and cannot contact you for clarification, AGENCY ADDRESSES: Submit your comments, EPA may not be able to consider your identified by Docket ID No. OAR–2003– comment. Electronic files should avoid 40 CFR Part 63 0194, by one of the following methods: the use of special characters, any form • of encryption, and be free of any defects [OAR–2003–0194; FRL–7869–6] Federal eRulemaking Portal: http:// www.regulations.gov. Follow the on-line or viruses. For additional information RIN 2060–AL89 instructions for submitting comments. about EPA’s public docket visit • Agency Web site: http:// EDOCKET on-line or see the Federal National Emission Standards for www.epa.gov/edocket. EDOCKET, EPA’s Register of May 31, 2002 (67 FR 38102). Hazardous Air Pollutants for Leather electronic public docket and comment Docket: All documents in the docket Finishing Operations system, is EPA’s preferred method for are listed in the EDOCKET index at AGENCY: Environmental Protection receiving comments. Follow the on-line http://www.epa.gov/edocket. Although Agency (EPA). instructions for submitting comments. listed in the index, some information is • E-mail: [email protected]. ACTION: Proposed rule; amendments. not publicly available, i.e., CBI or other • Fax: (202) 566–1741. information whose disclosure is SUMMARY: On February 27, 2002, the • Mail: EPA Docket Center, EPA, restricted by statute. Certain other EPA issued national emission standards Mailcode: 6102T, 1200 Pennsylvania material, such as copyrighted material, for hazardous air pollutants (NESHAP) Avenue, NW., Washington, DC 20460. is not placed on the Internet and will be for leather finishing operations, which Please include a duplicate copy, if publicly available only in hard copy were issued under section 112 of the possible. form. Publicly available docket Clean Air Act (CAA). This action would • Hand Delivery: Air and Radiation materials are available either amend the standards to clarify the Docket, EPA, 1301 Constitution Avenue, electronically in EDOCKET or in hard frequency for categorizing leather NW., Room B–108, Washington, DC copy at the Air and Radiation Docket, product process types, modify the 20460. Such deliveries are only EPA/DC, EPA West, Room B102, 1301 definition of ‘‘specialty leather,’’ add a accepted during the Docket’s normal Constitution Ave., NW., Washington, definition for ‘‘vacuum mulling,’’ and hours of operation, and special DC. The Public Reading Room is open add an alternative procedure for arrangements should be made for from 8:30 a.m. to 4:30 p.m., Monday determining the actual monthly solvent deliveries of boxed information. through Friday, excluding legal loss from an affected source. We request that a separate copy also holidays. The telephone number for the In the Rules and Regulations section be sent to the contact person listed Public Reading Room is (202) 566–1744, of this Federal Register, we are taking below (see FOR FURTHER INFORMATION and the telephone number for the Air direct final action on the proposed CONTACT). Docket is (202) 566–1742. amendments because we view the Instructions: Direct your comments to Public Hearing. If a public hearing is amendments as noncontroversial and Docket ID No. OAR–2003–0194. EPA’s held, it will be held at 10 a.m. at the anticipate no adverse comments. We policy is that all comments received EPA’s Environmental Research Center have explained our reasons for the will be included in the public docket Auditorium, Research Triangle Park, amendments in the direct final rule. If without change and may be made North Carolina or at an alternate site we receive no significant adverse available online at http://www.epa.gov/ nearby. comments, we will take no further edocket, including any personal action on the proposed amendments. If information provided, unless the FOR FURTHER INFORMATION CONTACT: Mr. we receive significant adverse comment includes information claimed William Schrock, Organic Chemicals comments, we will withdraw only those to be Confidential Business Information Group, Emission Standards Division provisions on which we received (CBI) or other information whose (C504–04), Office of Air Quality significant adverse comments. We will disclosure is restricted by statute. Do Planning and Standards, U.S. EPA, publish a timely withdrawal in the not submit information that you Research Triangle Park, North Carolina Federal Register indicating which consider to be CBI or otherwise 27711; telephone number (919) 541– provisions will become effective and protected through EDOCKET, 5032; facsimile number (919) 541–3470;
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electronic mail (email) address: SUPPLEMENTARY INFORMATION: Regulated potentially regulated by this action [email protected]. Entities. Categories and entities include:
Category NAICS* code Examples of regulated entities
Industry ...... 3161 Leather finishing operations. 31611 Leather finishing operations. 316110 Leather finishing operations. Federal government ...... Not affected State/local/tribal government ...... Not affected. * North American Industrial Classification System.
This table is not intended to be • Provide specific examples to withdrawn amendments in a subsequent exhaustive, but rather provides a guide illustrate your concerns, and suggest final rule. If no relevant adverse for readers regarding entities likely to be alternatives. comments are received, no further regulated by this action. To determine • Explain your views as clearly as action will be taken on the proposal, whether your facility is regulated by this possible, avoiding the use of profanity and the direct final rule will become action, you should carefully examine or personal threats. effective as provided in that action. the applicability criteria in § 63.5285 of • Make sure to submit your The regulatory text for the proposal is the national emission standards. If you comments by the comment period identical to that for the direct final rule have any questions regarding the deadline identified. published in the Rules and Regulations applicability of this action to a Public Hearing. Persons interested in section of today’s Federal Register. For particular entity, consult the person presenting oral testimony or inquiring further supplementary information, the listed in the preceding FOR FURTHER as to whether a hearing is to be held detailed rationale for the proposal and INFORMATION CONTACT section. should contact Mr. William Schrock, the regulatory revisions, see the direct What should I consider as I prepare Organic Chemicals Group, Emission final rule published in a separate part of my comments for EPA? Submitting CBI. Standards Division (Mail Code C504– this Federal Register. Do not submit this information to EPA 04), U.S. EPA, Research Triangle Park, Statutory and Executive Order Reviews through EDOCKET, regulations.gov or e- North Carolina 27711, telephone mail. Clearly mark the part or all of the number (919) 541–5032, electronic mail For a complete discussion of all of the information that you claim to be CBI. address [email protected]., at least 2 administrative requirements applicable For CBI information in a disk or CD days in advance of the potential date of to this action, see the direct final rule in ROM that you mail to EPA, mark the the public hearing. Persons interested in the Rules and Regulations section of outside of the disk or CD ROM as CBI attending the public hearing must also today’s Federal Register. call Mr. William Schrock to verify the and then identify electronically within Regulatory Flexibility Act the disk or CD ROM the specific time, date, and location of the hearing. information that is claimed as CBI. In The public hearing will provide The Regulatory Flexibility Act (RFA), addition to one complete version of the interested parties the opportunity to as amended by the Small Business comment that includes information present data, views, or arguments Regulatory Enforcement Fairness Act of claimed as CBI, a copy of the comment concerning these proposed emission 1996 (SBREFA), 5 U.S.C. 601 et seq., that does not contain the information standards. generally requires an agency to prepare claimed as CBI must be submitted for Worldwide Web (WWW). In addition a regulatory flexibility analysis of any inclusion in the public docket. to being available in the docket, an rule subject to notice and comment Information so marked will not be electronic copy of today’s proposal will rulemaking requirements under the disclosed except in accordance with also be available through the WWW. Administrative Procedure Act or any procedures set forth in 40 CFR part 2. Following the Administrator’s signature, other statute unless the Agency certifies Tips for Preparing Your Comments. a copy of this action will be posted on that the rule will not have a significant When submitting comments, remember EPA’s Technology Transfer Network economic impact on a substantial to: (TTN) policy and guidance page for number of small entities. Small entities • Identify the rulemaking by docket newly proposed or promulgated rules include small businesses, small number and other identifying http://www.epa.gov/ttn/oarpg. The TTN organizations, and small governmental information (subject heading, Federal at EPA’s Web site provides information jurisdictions. Register date and page number). and technology exchange in various For purposes of assessing the impact • Follow directions—The agency may areas of air pollution control. If more of today’s technical amendments on ask you to respond to specific questions information regarding the TTN is small entities, small entities are defined or organize comments by referencing a needed, call the TTN HELP line at (919) as: (1) A small business that has fewer Code of Federal Regulations (CFR) part 541–5384. than 750 employees; (2) a small or section number. Direct Final Rule. A direct final rule governmental jurisdiction that is a • Explain why you agree or disagree; identical to the proposal is published in government of a city, county, town, suggest alternatives and substitute the Rules and Regulations section of school district or special district with a language for your requested changes. today’s Federal Register. If we receive population of less than 50,000; and (3) • Describe any assumptions and any adverse comment pertaining to the a small organization that is any not-for- provide any technical information and/ amendments in the proposal, we will profit enterprise which is independently or data that you used. publish a timely notice in the Federal owned and operated and is not • If you estimate potential costs or Register informing the public that the dominant in its field. burdens, explain how you arrived at amendments are being withdrawn due After considering the economic your estimate in sufficient detail to to adverse comment. We will address all impacts of today’s proposed rule allow for it to be reproduced. public comments concerning the amendments on small entities, I certify
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that this action will not have a regular business hours in the FCC mechanism’s ability to support other significant impact on a substantial Reference Center, Room CY–A257, 445 services. Specifically, we seek comment number of small entities. The rule 12th Street, SW., Washington, DC on whether an increase of support amendments will not impose any new 20554. would have positive or negative effects requirements on small entities. We on facilities-based broadband I. Further Notice of Proposed continue to be interested in the deployment in rural areas. Rulemaking potential impacts of the proposed rule B. Support for Other on small entities and welcome A. Internet Access Telecommunications Services for comments on issues related to such 1. In the 2003 Report and Order, 68 Mobile Rural Health Care Providers impacts. FR 74492, December 24, 2003, the 4. In the companion Report and List of Subjects in 40 CFR Part 63 Commission concluded that support Order, we revise our policy to allow equal to 25 percent of the monthly cost Environmental protection, Air mobile rural health care clinics to for any form of Internet access pollution control, Hazardous receive discounts for satellite services reasonably related to the health care substances, Reporting and calculated by comparing the actual cost needs of the facility should be provided recordkeeping requirements. of the satellite service to the rate for an to rural health care providers. The Dated: February 1, 2005. urban wireline service with a similar Commission specifically noted that it bandwidth. We recognize that not only Stephen L. Johnson, was acting conservatively by choosing a satellite services but other Acting Administrator. 25 percent flat discount initially. telecommunications platforms, such as [FR Doc. 05–2304 Filed 2–4–05; 8:45 am] Because requests for Internet access terrestrial wireless, may provide the BILLING CODE 6560–50–P discounts have remained at low levels, most cost-effective means of providing to seek comment on whether a 25 the telemedicine link. Because we want percent flat discount off the cost of to encourage mobile health care FEDERAL COMMUNICATIONS monthly Internet access for eligible rural providers to consider all available COMMISSION health care providers is sufficient. We telecommunications services when continue to believe that a flat discount determining which service best suits the 47 CFR Part 54 will lead to greater predictability and needs of the telemedicine project, we [WC Docket No. 02–60; FCC 04–289] fairness among health care providers. seek comment on whether to modify our We encourage commenters to be specific rules specifically to allow mobile rural Rural Health Care Support Mechanism as to the level of support that we should health care providers to use services offer, and to provide us with the facts other than satellite. We seek comment AGENCY: Federal Communications that they rely upon in advocating a level on what other telecommunications Commission. of support. services might be available to support ACTION: Notice of proposed rulemaking. 2. Further, to accurately gauge the mobile rural telemedicine projects. We demand for support under the rural SUMMARY: ask commenters to address how such In this document, we modify health care mechanism, we seek our rules to improve the effectiveness of service may be a more cost-effective comment on the effect that an increase method of providing service than a the rural health care universal service in Internet access support would have support mechanism. In the Further satellite connection. We also request on the demand for support from rural whether services other than satellite Notice of Proposed Rulemaking health care providers. We therefore seek (FNPRM), we seek comment on whether services would require different rules, comment from rural health care different eligibility criteria or any other we should increase the percentage providers on the demand for Internet discount that rural health care providers changes from the rules we establish access, and from service providers on today. receive for Internet access and whether the cost of such services. We seek infrastructure development should be comment on whether demand for C. Support for Infrastructure funded. Additionally, we seek comment Internet access is likely to reach the Development on whether to modify our rules $400 million cap on the amount of 5. In the 1997 Universal Service specifically to allow mobile rural health support to be provided by the rural Order, 62 FR 32862, June 17, 1997, the care providers to use services other than health care mechanism, and how Commission requested comment on satellite. increased demand would affect the whether and how to support DATES: Comments are due on or before operation of the rural health care infrastructure development or ‘‘network April 8, 2005. Reply comments are due mechanism. buildout’’ needed to enhance public and on or before May 9, 2005. 3. We also seek comment on the not-for-profit health care providers’ FOR FURTHER INFORMATION CONTACT: positive or negative effects that a access to advanced telecommunications Regina Brown at (202) 418–0792 or decision to increase Internet access and information services. At the time, Dana Bradford at (202) 418–1932, support will have on the rural health the Commission noted that the record Wireline Competition Bureau, care support mechanism, from the contained anecdotal evidence regarding Telecommunications Access Policy perspective of the health care providers, the need for support for infrastructure Division, TTY (202) 418–0484. the service providers, and USAC. We development. We now seek to refresh SUPPLEMENTARY INFORMATION: This is a encourage parties to discuss any issues the record on this issue. summary of the Commission’s Further relevant to whether we should provide 6. In the 1997 Universal Service Notice of Proposed Rulemaking, in WC increased support for Internet access, Order, the Commission agreed with MCI Docket No. 02–60 released on December what level of support to provide, what that infrastructure development is not a 17, 2004. A companion Report and restrictions, if any, we should place on ‘‘telecommunications service’’ within Order and Order on Reconsideration such support, what administrative the scope of section 254(h)(1)(A) and was also released on December 17, 2004. problems and concerns may arise if we concluded that the Commission has the The full text of this document is provide increased support, and the discretionary authority to establish rules available for public inspection during impact of an increase in support on the to implement a program of universal
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service support for infrastructure FNPRM, including this IRFA, to the calculated by comparing the actual cost development as a method to enhance Chief Counsel for Advocacy of the Small of the satellite service to the rate for an access to advanced telecommunications Business Administration. In addition, urban wireline service with a similar and information services under section the FNPRM and IRFA (or summaries bandwidth. However, we recognize that 254(h)(2)(A), as long as such a program thereof) will be published in the Federal not only satellite services but other is competitively neutral, technically Register. telecommunications platforms, such as terrestrial wireless, may provide the feasible, and economically reasonable. B. Need for, and Objectives of, the most cost-effective means of providing Section 254(h)(2)(A) directs the Proposed Rules Commission to establish competitively the telemedicine link. Therefore, neutral rules ‘‘to enhance, to the extent 9. The Commission is required by because we want to encourage mobile technically feasible and economically section 254 of the Act to promulgate health care providers to consider all reasonable, access to advanced rules to implement the universal service available telecommunications services telecommunications and information provisions of section 254. On May 8, when determining which service best services for all * * * health care 1997, the Commission adopted rules suits the needs of the telemedicine providers.’’ Extending or upgrading that reformed its system of universal project, we seek comment on whether to existing telecommunications service support mechanisms so that allow mobile rural health care providers infrastructure could enhance access to universal service is preserved and to use telecommunications services the advanced services that may be advanced as markets move toward other than satellite. competition. Among other programs, the offered over that infrastructure. C. Legal Basis Alternatively, in the schools and Commission adopted a program to libraries context, the Commission has provide discounted telecommunications 11. This FNPRM is adopted pursuant recognized that some carrier services to public or non-profit health to sections 1, 4(i), (4j), 201, 202, 254, infrastructure costs may be passed on as care providers that serve persons in and 303 of the Communications Act of a component of monthly service rural areas. Important changes in the 1934, as amended, 47 U.S.C. 151, 154(i), charges. rural health community over the past (j), 201, 202, 254, and 303. few years, such as technological 7. Should the Commission authorize D. Description and Estimate of the support for upgrades to the public advances and the variety of needs of the rural health care community, prompt us Number of Small Entities to Which switched or backbone networks? How Rules Will Apply would the program be structured so that to review the rural health care universal it is competitively neutral, technically service support mechanism. 12. The RFA directs agencies to 10. In this FNPRM, we seek comment feasible and economically reasonable? If provide a description of and, where on whether we should increase the so, how should the Commission limit feasible, an estimate of the number of percentage discount that rural health such support so that funds are only small entities that will be affected by the care providers receive for Internet provided when such upgrades can be proposed rules, if adopted. The RFA access. To the extent that we were shown to be necessary to deliver generally defines the term ‘‘small concerned, in the 2003 Report and services to eligible health care entity’’ as having the same meaning as Order, that demand for Internet access providers? Should certifications or other the terms ‘‘small business,’’ ‘‘small support would exceed the annual evidence of necessity attesting to the use organization,’’ and ‘‘small governmental funding cap, to date, those concerns jurisdiction.’’ In addition, the term of such support be required from the have not come to fruition at this time. rural health care provider or the service ‘‘small business’’ has the same meaning Therefore, we take this opportunity to as the term ‘‘small business concern’’ provider? Are other safeguards required seek comment on whether a 25 percent to ensure that no waste, fraud or abuse under the Small Business Act. A small flat discount off the cost of monthly business concern is one which: (1) Is occurs? Should these charges be Internet access for eligible rural health prorated over a specified number of independently owned and operated; (2) care providers is sufficient. We also seek is not dominant in its field of operation; years? Commenters should provide comment, in the FNPRM, on whether specific information on the probable and (3) satisfies any additional criteria infrastructure development should be established by the Small Business costs, advantages, and disadvantages of funded. In the 1997 Universal Service supporting such upgrades. Commenters Administration (SBA). Order, the Commission requested 13. We have described in detail in the should also provide information comment on whether and how to Final Regulatory Flexibility Analysis regarding the effect on the fund’s support infrastructure development or (FRFA) to the companion Report and resources. ‘‘network buildout’’ needed to enhance Order the categories of entities that may II. Procedural Matters public and not-for-profit health care be directly affected by any rules or providers’ access to advanced proposals adopted in our efforts to A. Initial Regulatory Flexibility Analysis telecommunications and information reform the universal service rural health 8. As required by the Regulatory services. At the time, the Commission care support mechanism. For this IRFA, Flexibility Act of 1980, as amended noted that the record contained we hereby incorporate those entity (RFA), the Commission has prepared the anecdotal evidence regarding the need descriptions by reference. present Initial Regulatory Flexibility for support for infrastructure Analysis (IRFA) of the possible development. We now seek to refresh E. Description of Projected Reporting, significant economic impact on a the record on this issue. Additionally, in Recordkeeping, and Other Compliance substantial number of small entities by the FNPRM, we seek comment on Requirements the policies and rules proposed in this whether to modify our rules specifically 14. This FNPRM seeks comment on FNPRM. Written public comments are to allow mobile rural health care whether we should increase the requested on this IRFA. Comments must providers to use services other than percentage discount that rural health be identified as responses to the IRFA satellite. In the companion Report and care providers receive for Internet and must be filed by the deadlines for Order, we revise our policy to allow access and whether infrastructure comments on the FNPRM. The mobile rural health care providers to development should be funded. These Commission will send a copy of the receive discounts for satellite services potential changes will not impact
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reporting or recordkeeping also seek comment on whether Internet to http://www.fcc.gov/cgb/ecfs. requirements. They may, however, infrastructure development should be Generally, only one copy of an increase the number of applicants. funded by the universal service fund. electronic submission must be filed. If Additionally, the FNPRM seeks Further, in the Further Notice, we seek multiple docket or rulemaking numbers comment on whether to modify our comment on whether to modify our appear in the caption of this proceeding, policy specifically to allow mobile rural rules specifically to allow mobile rural however, commenters must transmit health care providers to use services health care providers to use services one electronic copy of the comments to other than satellite services, such as other than satellite, such as terrestrial each docket or rulemaking number terrestrial wireless. If this proposal is wireless, to provide support to mobile referenced in the caption. In completing adopted, mobile rural health care rural health care providers. If these the transmittal screen, commenters providers could potentially be required proposals are adopted, we believe the should include their full name, U.S. to submit additional information proposed changes will help small Postal Service mailing address, and the businesses by providing additional regarding their mobile services, if they applicable docket or rulemaking support under the rural health care choose to seek discounts. Any reporting number. Parties may also submit an and/or recordkeeping requirements mechanism than is currently available and provide rural health care providers electronic comment by Internet e-mail. adopted as part of this modification To get filing instructions for e-mail would only minimally impact both with greater flexibility in choosing the comments, commenters should send an small and large entities. However, any services that best suit their needs. These e-mail to [email protected], and should minimal impact of such requirements proposed changes could potentially include the following words in the body would be outweighed by the benefit of increase the number of applicants, providing support necessary to make including small entities, seeking of the message, ‘‘get form.’’ A sample mobile telemedicine economical for support under the rural health care form and directions will be sent in rural health care providers to provide support mechanism. Affected small reply. Or you may obtain a copy of the high-quality health care to rural and businesses could include rural health ASCII Electronic Transmittal Form remote areas, and to make care providers and small companies (FORM–ET) at http://www.fcc.gov/e-file/ telecommunications rates for public and serving those rural health care email.html. non-profit rural health care providers providers. In seeking to minimize any 20. Parties that choose to file by paper comparable to those paid in urban areas. burdens imposed on small entities, must file an original and four copies of Further, such requirement/s may be where doing so does not compromise each filing. Filings can be sent by hand necessary to ensure that the statutory the goals of the universal service or messenger delivery, by commercial mechanism, we invite comment on goals of section 254 of the overnight courier, or by first-class or alternative ways to minimize any Telecommunications Act of 1996 are overnight U.S. Postal Service mail significant economic impact of our met without waste, fraud, or abuse. (although we continue to experience proposals on small entities and on any F. Steps Taken To Minimize Significant alternatives to these proposals that may delays in receiving U.S. Postal Service Economic Impact on Small Entities, and be more beneficial to small entities. mail). The Commission’s contractor, Significant Alternatives Considered Natek, Inc., will receive hand-delivered G. Federal Rules That May Duplicate, or messenger-delivered paper filings for 15. The RFA requires an agency to Overlap, or Conflict With the Proposed the Commission’s Secretary at a new describe any significant, specifically Rules location in downtown Washington, DC. small business, alternatives that it has 17. None The address is 236 Massachusetts considered in reaching its proposed Avenue, NE., Suite 110, Washington, DC approach, which may include the H. Filing Procedures 20002. The filing hours at this location following four alternatives (among 18. We invite comment on the issues will be 8 a.m. to 7 p.m. All hand others): (1) The establishment of and questions set forth in the FNPRM deliveries must be held together with differing compliance or reporting and IRFAs contained herein. Pursuant rubber bands or fasteners. Any requirements or timetables that take into to sections 1.415 and 1.419 of the envelopes must be disposed of before account the resources available to small Commission’s rules, comments are due entering the building. entities; (2) the clarification, on or before April 8, 2005, and reply consolidation, or simplification of comments on or before May 9, 2005. In 21. Commercial overnight mail (other compliance or reporting requirements order to facilitate review of comments than U.S. Postal Service Express Mail under the rule for small entities; (3) the and reply comments, parties should and Priority Mail) must be sent to 9300 use of performance, rather than design, include the name of the filing party and East Hampton Drive, Capitol Heights, standards; and (4) an exemption from the date of the filing on all pleadings. MD 20743. U.S. Postal Service first-class coverage of the rule, or any part thereof, Comments may be filed using the mail, Express Mail, and Priority Mail for small entities. Commission’s Electronic Comment should be addressed to 445 12th Street, 16. In the FNPRM, we seek comment Filing System (ECFS) or by filing paper SW., Washington, DC 20554. All filings on whether we should increase the copies. must be addressed to the Commission’s percentage discount that rural health 19. Comments filed through the ECFS Secretary, Office of the Secretary, care providers receive for Internet. We can be sent as an electronic file via the Federal Communications Commission.
If you are sending this type of document or using this delivery method ... It should be addressed for delivery to . . .
Hand-delivered or messenger-delivered paper filings for the Commis- 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002 (8 sion’s Secretary. a.m. to 7 p.m.). Other messenger-delivered documents, including documents sent by 9300 East Hampton Drive, Capitol Heights, MD 20743 (8 a.m. to 5:30 overnight mail (other United States Postal Service Express Mail and p.m.). Priority Mail).
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If you are sending this type of document or using this delivery method ... It should be addressed for delivery to . . .
United States Postal Service first-class mail, Express Mail, and Priority 445 12th Street, SW., Washington, DC 20554. Mail.
22. Parties who choose to file by I. Further Information undertaken by DoD to dramatically paper should also submit their 25. Alternative formats (computer change the purpose and content of the comments on diskette. These diskettes, diskette, large print, audio recording, DFARS. plus one paper copy, should be and Braille) are available to persons DATES: Comments on the proposed rule submitted to: Sheryl Todd, with disabilities by contacting Brian should be submitted in writing to the Telecommunications Access Policy Millin at (202) 418–7426 voice, (202) address shown below on or before April Division, Wireline Competition Bureau, 418–7365 TTY, or [email protected]. This 8, 2005, to be considered in the Federal Communications, at the filing FNPRM can also be downloaded in formation of the final rule. window at 236 Massachusetts Avenue, Microsoft Word and ASCII formats at ADDRESSES: You may submit comments, NE., Suite 110, Washington, DC 20002. http://www.fcc.gov/ccb/ Such a submission should be on a 3.5- identified by DFARS Case 2003–D048, universalservice/highcost. using any of the following methods: inch diskette formatted in an IBM 26. For further information, contact » Federal eRulemaking Portal: compatible format using Word or Regina Brown at (202) 418–0792 or http://www.regulations.gov. Follow the compatible software. The diskette Dana Bradford at (202) 418–1932 in the should be accompanied by a cover letter instructions for submitting comments. Telecommunications Access Policy » and should be submitted in ‘‘read only’’ Division, Wireline Competition Bureau. Defense Acquisition Regulations mode. The diskette should be clearly Web site: http://emissary.acq.osd.mil/ labeled with the commenter’s name, III. Ordering Clauses dar/dfars.nsf/pubcomm. Follow the proceeding (including the docket 27. Pursuant to the authority instructions for submitting comments. number, in this case WC Docket No. 02– contained in §§ 1, 4(i), 4(j), 201–205, » E-mail: [email protected]. Include 60, type of pleading (comment or reply 214, 254, and 403 of the DFARS Case 2003–D048 in the subject comment), date of submission, and the Communications Act of 1934, as line of the message. name of the electronic file on the amended, 47 U.S.C. 151, 154(i), 154(j), » Fax: (703) 602–0350. diskette. The label should also include 201–205, 214, 254, and 403, this Further » Mail: Defense Acquisition the following phrase ‘‘Disk Copy—Not Notice of Proposed Rulemaking is Regulations Council, Attn: Mr. Euclides an Original.’’ Each diskette should adopted. Barrera, OUSD(AT&L)DPAP(DAR), IMD contain only one party’s pleadings, 28. The Commission’s Consumer and 3C132, 3062 Defense Pentagon, preferably in a single electronic file. In Governmental Affairs Bureau, Reference Washington, DC 20301–3062. addition, commenters must send Information Center, shall send a copy of » Hand Delivery/Courier: Defense diskette copies to the Commission’s this Further Notice of Proposed Acquisition Regulations Council, copy contractor, Best Copy and Printing, Rulemaking, including the Initial Crystal Square 4, Suite 200A, 241 18th Inc., Portals II, 445 12th Street, SW., Regulatory Flexibility Analysis, to the Street, Arlington, VA 22202–3402. Room CYB402, Washington, DC 20554 Chief Counsel for Advocacy of the Small All comments received will be posted (see alternative addresses above for Business Administration. to http://emissary.acq.osd.mil/dar/ delivery by hand or messenger). Federal Communications Commission. dfars.nsf. 23. Regardless of whether parties Marlene H. Dortch, choose to file electronically or by paper, FOR FURTHER INFORMATION CONTACT: Mr. Secretary. parties should also file one copy of any Euclides Barrera, (703) 602–0296. [FR Doc. 05–2268 Filed 2–4–05; 8:45 am] documents filed in this docket with the SUPPLEMENTARY INFORMATION: Commission’s copy contractor, Best BILLING CODE 6712–01–P Copy and Printing, Inc., Portals II, 445 A. Background 12th Street SW., CY–B402, Washington, DFARS Transformation is a major DEPARTMENT OF DEFENSE DC 20554 (see alternative addresses DoD initiative to dramatically change above for delivery by hand or 48 CFR Part 250 the purpose and content of the DFARS. messenger) (telephone (202) 488–5300; The objective is to improve the facsimile (202) 488–5563) or via e-mail [DFARS Case 2003–D048] efficiency and effectiveness of the at [email protected]. acquisition process, while allowing the 24. The full text of this document is Defense Federal Acquisition acquisition workforce the flexibility to available for public inspection and Regulation Supplement; Extraordinary innovate. The transformed DFARS will copying during regular business hours Contractual Actions contain only requirements of law, DoD- at the FCC Reference Information AGENCY: Department of Defense (DoD). wide policies, delegations of FAR Center, Portals II, 445 12th Street, SW., ACTION: Proposed rule with request for authorities, deviations from FAR Room CY–A257, Washington, DC, comments. requirements, and policies/procedures 20554. This document may also be that have a significant effect beyond the purchased from the Commission’s SUMMARY: DoD is proposing to amend internal operating procedures of DoD or duplicating contractor, Best Copy and the Defense Federal Acquisition a significant cost or administrative Printing, Inc., Portals II, 445 12th Street, Regulation Supplement (DFARS) to impact on contractors or offerors. SW., Room CY–B402, Washington, DC, update text pertaining to processing of Additional information on the DFARS 20554, telephone (202) 488–5300, requests for extraordinary contract Transformation initiative is available at facsimile (202) 488–5563, or via e-mail adjustments. This proposed rule is a http://www.acq.osd.mil/dpap/dfars/ [email protected]. result of a transformation initiative transf.htm.
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This proposed rule is a result of the 3. Section 250.201–70 is amended by DEPARTMENT OF COMMERCE DFARS Transformation initiative. The revising paragraph (a) and the last proposed DFARS changes— sentence of paragraph (b) introductory National Oceanic and Atmospheric » Update requirements for DoD text to read as follows: Administration processing of requests for extraordinary contract adjustments; and 250.201–70 Delegations. 50 CFR Part 226 » Delete procedures for preparation (a) Military Departments. The Departments of the Army, Navy and Air [Docket Nos. 030716175–4327–03, of records and submittal of requests to 041123329–4329–01; I.D. Nos. 070303A, a contract adjustment board. Text on Force will specify delegations and levels 110904F] this subject will be relocated to the new of authority for actions under the Act DFARS companion resource, and the Executive Order in RIN 0648–AQ77, 0648–AO04 Procedures, Guidance, and Information departmental supplements or agency Endangered and Threatened Species; (PGI), available at http:// acquisition guidance. Extension of Public Comment Period www.acq.osd.mil/dpap/dars/pgi. (b) * * * The agency supplements or on Proposed Critical Habitat This rule was not subject to Office of agency acquisition guidance shall Designations for West Coast Management and Budget review under specify the delegations and levels of Salmonids Executive Order 12866, dated authority. September 30, 1993. * * * * * AGENCY: National Marine Fisheries 4. Subpart 250.3 is revised to read as B. Regulatory Flexibility Act Service (NMFS), National Oceanic and follows: Atmospheric Administration (NOAA), DoD does not expect this rule to have Commerce. a significant economic impact on a Subpart 250.3—Contract Adjustments ACTION: Proposed rule; extension of substantial number of small entities Sec. public comment period. within the meaning of the Regulatory 250.303–1 Contractor requests. Flexibility Act, 5 U.S.C. 601, et seq., 250.305 Processing cases. SUMMARY: We, the National Marine because the rule addresses internal 250.306 Disposition. Fisheries Service (NMFS), are extending administrative DoD procedures for the comment period on proposed processing requests for extraordinary 250.303–1 Contractor requests. critical habitat designations for 20 contract adjustments. Therefore, DoD Requests should be filed with the Evolutionarily Significant Units (ESUs) has not performed an initial regulatory procuring contracting officer (PCO). of Pacific salmon and O. mykiss flexibility analysis. DoD invites However, if filing with the PCO is (inclusive of anadromous steelhead and comments from small businesses and impractical, requests may be filed with resident rainbow trout) listed under the other interested parties. DoD also will an authorized representative, an Endangered Species Act of 1973, as consider comments from small entities administrative contracting officer, or the amended (ESA). The proposed concerning the affected DFARS subparts Office of General Counsel of the designations include habitat areas in in accordance with 5 U.S.C. 610. Such applicable department or agency, for California, Oregon, Washington, and comments should be submitted forwarding to the cognizant PCO. Idaho. A recent court-approved separately and should cite DFARS Case 250.305 Processing cases. Amendment to the Consent Decree, that 2003–D048. (1) At the time the request is filed, the established the schedule for completing C. Paperwork Reduction Act activity shall prepare the record these designations, extends the described at PGI 250.105(1)(i) and comment period until March 14, 2005, The Paperwork Reduction Act does and the date to submit final rules until not apply because the rule does not forward it to the appropriate official within 30 days after the close of the August 15, 2005. These extensions will impose any information collection allow the public additional time to requirements that require the approval month in which the record is prepared. (2) The officer or official responsible provide information related to the of the Office of Management and Budget proposed designations and will provide under 44 U.S.C. 3501, et seq. for the case shall forward to the contract adjustment board, through departmental NMFS with the time needed to review, List of Subjects in 48 CFR Part 250 channels, the documentation described consider, and respond to comments. We are soliciting information and comments Government procurement. at PGI 250.305. (3) Contract adjustment boards will from the public on all aspects of the Michele P. Peterson, render decisions as expeditiously as proposals, including information on the Editor, Defense Acquisition Regulations practicable. The Chair shall sign a economic, national security, and other System. memorandum of decision disposing of relevant impacts of the proposed Therefore, DoD proposes to amend 48 the case. The decision shall be dated designations. CFR Part 250 as follows: and shall contain the information DATES: Written comments are due by 5 1. The authority citation for 48 CFR required by FAR 50.306. The p.m. Pacific Standard Time on March Part 250 continues to read as follows: memorandum of decision shall not 14, 2005. Authority: 41 U.S.C. 421 and 48 CFR contain any information classified ADDRESSES: Comments pertaining to Chapter 1. ‘‘Confidential’’ or higher. The board’s California ESUs must include reference decision will be sent to the appropriate to docket number [041123329–4329–01] PART 250—EXTRAORDINARY official for implementation. and RIN number [0648–AO04]. CONTRACTUAL ACTIONS 250.306 Disposition. Comments pertaining to ESUs in Washington, Oregon, or Idaho must 2. Section 250.105 is revised to read For requests denied or approved include reference to docket number as follows: below the Secretarial level, follow the [030716175–4327–03] and RIN number disposition procedures at PGI 250.306. 250.105 Records. [0648–AQ77]. You may submit Follow the procedures at PGI 250.105 [FR Doc. 05–2173 Filed 2–4–05; 8:45 am] comments by any of the following for preparation of records. BILLING CODE 5001–08–P methods:
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• E-mail: For California ESUs, send e- Oregon, and Idaho, and announced a DEPARTMENT OF COMMERCE mail comments to critical public comment period extending [email protected]. For ESUs in through February 14, 2005. The timeline National Oceanic and Atmospheric Washington, Oregon, or Idaho, send e- for completion of these proposed rules Administration mail comments to was established pursuant to litigation [email protected]. In the between NMFS and the Pacific Coast 50 CFR Part 300 subject line of your e-mail please Federation of Fishermen’s Associations, [Docket No. 050125016–5016–01; I.D. include the pertinent docket and RIN Institute for Fisheries Resources, the 011805C] numbers specified above. Center for Biological Diversity, the • RIN 0648–AS61 Federal e-Rulemaking Portal: Oregon Natural Resources Council, the http://www.regulations.gov. Follow the Pacific Rivers Council, and the instructions for submitting comments. Pacific Halibut Fisheries; Catch Environmental Protection Information • Agency Web Site: http:// Sharing Plan Center (PCFFA et al.) and are subject to ocio.nmfs.noaa.gov/ibrm-ssi/ a Consent Decree and Stipulated Order AGENCY: National Marine Fisheries index.shtml. Follow the instructions for Service (NMFS), National Oceanic and submitting comments at http:// of Dismissal (Consent Decree) approved by the D.C. District Court. Atmospheric Administration (NOAA), ocio.nmfs.noaa.gov/ibrm-ssi/ Commerce. process.shtml. We received several requests, ACTION: Proposed rule. • Mail: For California ESUs, submit including a request from PCFFA et al., written comments and information to: to extend the public comment period. SUMMARY: NMFS proposes to approve Assistant Regional Administrator, We recently submitted to the D.C. and implement changes to the Protected Resources Division, NMFS, District Court a joint request with International Pacific Halibut 501 W. Ocean Blvd., Suite 4200, Long PCFFA et al. to extend the comment Commission’s (IPHC) regulatory Area Beach, CA 90802–4213. For ESUs in period and to modify the schedule for 2A off Washington, Oregon, and Washington, Oregon, or Idaho, submit submission of final rules designating California (Area 2A) Pacific Halibut written comments and information to: critical habitat for the 20 ESUs to the Catch Sharing Plan (Plan) to: allow Chief, NMFS, Protected Resources Federal Register established in the remaining quota from Washington’s Division, 525 NE Oregon Street, Suite Consent Decree. The court approved the south coast subarea to be used to 500, Portland, OR 97232–2737. You may joint request on January 26, 2005. accommodate incidental catch in the hand-deliver written comments to our Pursuant to that approval we are south coast nearshore fishery; allow offices during normal business hours at extending the deadline for accepting quota projected to be unused to be the addresses given above (although public comments on both proposed transferred from Oregon’s central coast after February 18, 2005, the Portland subarea to another subarea south of address will change to 1201 NE Lloyd rules until March 14, 2005. Also, on or before August 15, 2005, we will Leadbetter Point, WA; revise the season Blvd., Suite 1100, Portland, OR 97232). structure for Oregon’s all-depth spring • Fax: Submit fax comments to the complete both rulemakings by submitting to the Federal Register for and summer sport fisheries; provide NMFS Southwest Regional Office at more flexibility for Oregon’s inseason publication the final rules designating 562–980–4027, or the NMFS Northwest sport fishery management (triggers for critical habitat for those of the 20 ESUs Regional Office at 503–230–5441. additional fishery openings and bag FOR FURTHER INFORMATION CONTACT: In that are included on the lists of limits in the all-depth summer fishery); California, contact Craig Wingert at the threatened and endangered species as of revise the public announcement process address above or at 562–980–4021. In August 15, 2005. These extensions will for Oregon’s all-depth summer sport Washington, Oregon, and Idaho, contact allow the public additional time to fishery; revise the Columbia River Steve Stone at the above address or at provide information related to the subarea quota contributions from 503–231–2317. The proposed rules, proposed designations and will provide Oregon/California; remove the maps, and other materials relating to us with the time needed to review, minimum length requirement in all these proposals can be found on the consider, and respond to comments. subareas south of Leadbetter Point, WA; agency’s Southwest Region website at Authority: 16 U.S.C. 1531 et seq. prohibit retention of all groundfish, http://swr.nmfs.noaa.gov/salmon.htm except sablefish, in Oregon’s and and the Northwest Region website at Dated: January 1, 2005. possibly Washington’s Columbia River http://www.nwr.noaa.gov/1salmon/ William T. Hogarth, fishery on all days and in the Central salmesa/crithab/CHsite.htm. Assistant Administrator, National Marine Coast fisheries on ‘‘all-depth’’ days; SUPPLEMENTARY INFORMATION: Fisheries Service. implement a closed area off Oregon’s [FR Doc. 05–2292 Filed 2–4–05; 8:45 am] coast; and revise all coordinates from Background BILLING CODE 3510–22–S degrees minutes seconds to degrees On December 10 and 14, 2004, NMFS decimal minutes. NMFS also proposes published separate critical habitat to revise the coordinates for the closed proposed rules addressing 20 ESUs of area to Oregon’s central coast Pacific salmon and O. mykiss (inclusive recreational fishery and to non-treaty of anadromous steelhead and resident commercial halibut fishing in Area 2A. rainbow trout) listed under the ESA. NMFS is also proposing to implement The first proposed rule (69 FR 71880, the portions of the Plan and December 10, 2004) addressed 7 ESUs management measures that are not in California and announced a public implemented through the IPHC, which comment period extending through includes the sport fishery management February 8, 2005. The second proposed measures for Area 2A, the flexible rule (69 FR 74572, December 14, 2004) inseason management provisions in addressed 13 ESUs in Washington, Area 2A, fishery election in Area 2A,
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and Area 2A non-treaty commercial authorizes the Regional Fishery 2004 Pacific Council meeting, the states fishery closed areas. These actions are Management Councils to develop recommended several changes to the intended to enhance the conservation of regulations governing the Pacific halibut Plan and the tribes announced that they Pacific halibut, to protect yelloweye catch in their corresponding U.S. had no proposal for revising the Plan in rockfish and other overfished Convention waters that are in addition 2005. Following the meeting, the states groundfish species from incidental to, but not in conflict with, regulations again reviewed their proposals with the catch in the halibut fisheries, and to of the IPHC. Each year between 1988 public and drafted their recommended provide greater angler opportunity and 1995, the Pacific Fishery revisions for review by the Pacific where available. Management Council (Pacific Council) Council. DATES: Comments on the proposed developed a catch sharing plan in At its November 1–5, 2004, meeting in changes to the Plan and on the proposed accordance with the Halibut Act to Portland, OR, the Pacific Council domestic Area 2A halibut management allocate the total allowable catch (TAC) considered the results of state- measures must be received no later than of Pacific halibut between treaty Indian sponsored workshops on the proposed 5 p.m., local time on March 16, 2005. and non-treaty harvesters and among changes to the Plan and public non-treaty commercial and sport comments, and made the final ADDRESSES: Copies of the Plan, fisheries in Area 2A. recommendations for modifications to Environmental Assessment (EA)/ In 1995, NMFS implemented the the Plan as follows: Regulatory Impact Review (RIR)/Initial Pacific Council-recommended long-term (1) Allow remaining quota from Regulatory Flexibility Analysis (IRFA), Plan (60 FR 14651, March 20, 1995). In Washington’s south coast subarea to be and/or Categorical Exclusion (CE) are each of the intervening years between used to accommodate incidental catch available from D. Robert Lohn, Regional 1995 and the present, minor revisions to in the south coast nearshore fishery. Administrator, Northwest Region, the Plan have been made to adjust for (2) Revise the Columbia River subarea NMFS, 7600 Sand Point Way NE, the changing needs of the fisheries. The quota contributions from Oregon/ Seattle, WA 98115–0070. Electronic Plan allocates 35 percent of the Area 2A California to equal the amount of copies of the Plan, including proposed TAC plus 25,000 lb (11.3 mt) to pounds contributed by Washington. changes for 2005, and of the draft EA/ Washington treaty Indian tribes in (3) Remove the minimum length RIR/IRFA are also available at the NMFS Subarea 2A–1 and 65 percent minus requirement in all subareas south of Northwest Region website: http:// 25,000 lb (11.3 mt) to non-Indian Leadbetter Point, WA. www.nwr.noaa.gov, click on ‘‘Pacific fisheries in Area 2A. The allocation to (4) Revise the season structure for Halibut.’’ non-Indian fisheries is divided into Oregon’s all-depth spring and summer You may submit comments on the three shares, with the Washington sport sport fisheries in Oregon’s central coast proposed rule for the Plan and to fishery (north of the Columbia River) subarea (Cape Falcon to Humbug domestic Area 2A halibut management receiving 36.6 percent, the Oregon/ Mountain) from 2–days to 3–days by measures or supporting documents, California sport fishery receiving 31.7 adding Thursdays to all spring fishery identified by [011805C], by any of the percent, and the commercial fishery openings after the initial fixed day following methods: receiving 31.7 percent. The commercial openings and by adding Sundays to all • E-mail: fishery is further divided into a directed summer fishery openings. [email protected]. Include commercial fishery that is allocated 85 (5) Provide more flexibility for the I.D. number in the subject line of the percent of the commercial allocation Oregon’s inseason sport fishery message. and an incidental catch in the salmon management by adding triggers for • Federal eRulemaking Portal: http:// troll fishery that is allocated 15 percent additional fishery openings and bag www.regulations.gov. Follow the of the commercial allocation. The limits in the central coast all-depth instructions for submitting comments. directed commercial fishery in Area 2A summer fishery as follows: (a) if after • Mail: D. Robert Lohn, is confined to southern Washington the first scheduled open period of the Administrator, Northwest Region, (south of 46°53.30′ N. lat.), Oregon, and summer fishery, the remaining central NMFS, Attn: Jamie Goen, 7600 Sand California. North of 46°53.30′ N. lat. (Pt. coast quota (combined all-depth and Point Way NE, Seattle, WA 98115–0070. Chehalis), the Plan allows for incidental inside 40–fm (73–m) fishery quotas) is • Fax: 206–526–6736, Attn: Jamie halibut retention in the primary limited 60,000 lbs (27.2 mt) or more, the fishery Goen. entry longline sablefish fishery when reopens every Friday through Sunday until October 31 or quota attainment, FOR FURTHER INFORMATION CONTACT: the overall Area 2A TAC is above Jamie Goen or Yvonne deReynier 900,000 lb (408.2 mt). The Plan also whichever is earlier; and (b) if after the (Northwest Region, NMFS), phone: 206– divides the sport fisheries into seven third scheduled open period of the 526–6150, fax: 206–526–6736 or e-mail: geographic subareas, each with separate summer fishery, the remaining central [email protected] or allocations, seasons, and bag limits. coast quota (combined all-depth and inside 40–fm (73–m) fishery quotas) is [email protected]. Pacific Council Recommended Changes 30,000 lbs (13.6 mt) or more, the fishery to the Plan and Domestic Fishing SUPPLEMENTARY INFORMATION: The reopens every Friday through Sunday Regulations Northern Pacific Halibut Act (Halibut until October 31 or quota attainment, Act) of 1982, at 16 U.S.C. 773c, gives the Each year, the states (Washington whichever is earlier, and the bag limit Secretary of Commerce (Secretary) Department of Fish and Wildlife would increase to two fish per person general responsibility for implementing (WDFW) and Oregon Department of per day. the provisions of the Halibut Fish and Wildlife (ODFW)) and tribes (6) Prohibit the retention of all Convention between the United States consider whether changes to the Plan groundfish, except sablefish when and Canada (Halibut Convention). It are needed or desired by their fishery allowed by groundfish regulation, in the requires the Secretary to adopt participants. Fishery managers from the Columbia River fishery during all days regulations as may be necessary to carry states hold public meetings before both and in the Central Coast fisheries during out the purposes and objectives of the the September and November Pacific ‘‘all-depth’’ days. Halibut Convention and the Halibut Act. Council meetings to get public input on (7) Revise the public announcement Section 773c(c) of the Halibut Act revisions to the Plan. At the September process for the Oregon central coast all-
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depth summer sport fishery to allow apply the groundfish retention (2) 48°18.00′ N. lat.; 124°59.00′ W. inseason changes to transfer quota and prohibition to all halibut fishing in the long.; to change the fishery season dates based Columbia River subarea or only to (3) 48°11.00′ N. lat.; 124°59.00′ W. on the triggers mentioned above to be vessels that land in Oregon. long.; announced by NMFS via an update to Therefore, the Pacific Council will (4) 48°11.00′ N. lat.; 125°11.00′ W. the recreational halibut hotline (i.e., no clarify its recommendation at the March long.; Federal Register document would be 2005 meeting, and the public comment (5) 48°04.00′ N. lat.; 125°11.00′ W. required). period on this proposed rule will end on long.; ° ′ ° ′ (8) Allow quota projected to be March 16, 2005. (6) 48 04.00 N. lat.; 124 59.00 W. unused to be transferred from Oregon’s long.; ° ′ ° ′ central coast subarea to another subarea Proposed Changes to the Plan (7) 48 00.00 N. lat.; 124 59.00 W. south of Leadbetter Point, WA. In addition to the Pacific Council’s long.; ° ′ ° ′ (9) Implement a closed area to recommendations, NMFS is proposing (8) 48 00.00 N. lat.; 125 18.00 W. ° ′ recreational halibut fishing off Oregon’s to revise all coordinates in the Plan from long.; and connecting back to 48 18.00 ° ′ central coast on a portion of Stonewall degrees minutes seconds to degrees N. lat.; 125 18.00 W.long. Bank to protect yelloweye rockfish, an decimal minutes in order to conform In section (f) of the Plan, Sport overfished groundfish species. This with U.S. Coast Guard standards and the Fisheries, revise paragraph (1)(iii) from closed area, called a ‘‘yelloweye Pacific coast groundfish regulations. the second sentence to the end of the rockfish conservation area,’’ would be NMFS is proposing to approve the paragraph to read as follows: This subarea is defined as waters defined by connecting the following Pacific Council recommendations and to ° ′ coordinates in the order listed: implement the above-described changes south of the Queets River (47 31.70 N. (1) 44°37.46 N. lat.; 124°24.92 W. lat.) and north of Leadbetter Point by making the following changes to the ° ′ long.; Plan: (46 38.17 N. lat.). The structuring (2) 44°37.46 N. lat.; 124°23.63 W. In section (d) of the Plan, Treaty objective for this subarea is to maximize long.; Indian Fisheries, revise the first the season length, while maintaining a (3) 44°28.71 N. lat.; 124°21.80 W. sentence of the first paragraph to read as quality fishing experience. The fishery long.; follows: will open on May 1. If May 1 falls on (4) 44°28.71 N. lat.; 124°24.10 W. Except as provided above in (b)(2), 35 a Friday or Saturday, the fishery will long.; percent of the Area 2A TAC is allocated open on the following Sunday. The ° ° (5) 44 31.42 N. lat.; 124 25.47 W. to 12 treaty Indian tribes in subarea 2A– fishery will be open Sunday through long.; 1, which includes that portion of Area Thursday in all areas, except where (6) and connecting back to 44°37.46 prohibited, and the fishery will be open ° 2A north of Point Chehalis, WA N. lat.; 124 24.92 W. long. (46°53.30′ N. lat.) and east of 125°44.00′ 7 days per week in the area from Queets There is confusion over Pacific ° ′ W. long. River south to 47 00.00 N. lat. and east ι ° ′ Council recommendation 6 (above) as In section (e) of the Plan, Non-Indian of 124 40.00 W. long. Beginning July 1, to how it would apply to the Columbia Commercial Fisheries, revise the third the halibut fishery will be open 7 days River subarea, which is shared by sentence of paragraph (2) to read as per week. The fishery will continue Washington and Oregon. Therefore, follows: until September 30, or until the quota is NMFS has requested that the Pacific This fishery is confined to the area achieved, whichever occurs first. Council clarify this recommendation at south of Subarea 2A–1 (south of Point Subsequent to this closure, if there is the March 6–11, 2005, Pacific Council Chehalis, WA; 46°53.30′ N. lat.). insufficient quota remaining to reopen meeting in Sacramento, CA. The In section (f) of the Plan, Sport the entire subarea for another fishing Council adopted a recommendation for Fisheries, revise the second sentence of day, then any remaining quota may be ‘‘Sub-areas south of Leadbetter Point, paragraph (1)(i) to read as follows: used to accommodate incidental catch Washington’’ that stated ‘‘No groundfish This subarea is defined as all U.S. in the nearshore area from Queets River retention except sablefish allowed waters east of the mouth of the Sekiu south to 47°00.00′ N. lat. and east of during the all-depth fishery if halibut River, as defined by a line extending 124°40.00′ W. long. or be transferred are on-board the vessel except south of from 48°17.30′ N. lat., 124°23.70′ W. inseason to another Washington coastal Humbug Mt.’’ After the March meeting long. north to 48°24.10′ N. lat., subarea by NMFS via an update to the it became apparent that various Council 124°23.70′ W. long., including Puget recreational halibut hotline. The daily participants were confused as to exactly Sound. bag limit is one halibut per person, with where this prohibition would apply. In section (f) of the Plan, Sport no size limit. Because of the introductory description Fisheries, revise the second sentence of In section (f) of the Plan, Sport (Sub-areas south of Leadbetter Point, paragraph (1)(ii) to read as follows: Fisheries, revise paragraph (1)(iv) Washington), some thought it applied in This subarea is defined as all U.S. regarding the Columbia River subarea to the entire Columbia River area and the waters west of the mouth of the Sekiu read as follows: Oregon Central Coast subarea. However, River, as defined above in paragraph This sport fishery subarea is allocated others thought this would only apply off (f)(1)(i), and north of the Queets River 2.0 percent of the first 130,845 lb (59.4 Oregon because it was introduced by (47°31.70′ N. lat.). mt) allocated to the Washington sport Oregon, it had not been discussed in In section (f) of the Plan, Sport fishery, and 4.0 percent of the Washington State meetings with Fisheries, revise the last sentence of Washington sport allocation between Washington fishermen, and because one paragraph (1)(ii) to read as follows: 130,845 lb (59.4 mt) and 224,110 lb purpose was to allow dockside A ‘‘C-shaped’’ yelloweye rockfish (101.7 mt) (except as provided in enforcement during the groundfish conservation area that is closed to section (e)(3) of this Plan). This subarea closure seaward of 40 fm (73 m), which recreational groundfish and halibut also is allocated from the Oregon/ only is in place off of Oregon. NMFS has fishing is defined by the following California sport allocation the number concluded the two possible ways to coordinates in the order listed: of pounds equal to the Washington implement this provision in the (1) 48°18.00′ N. lat.; 125°18.00′ W. contribution. Oregon’s contribution will Columbia River subarea would be to long.; be 2.0 percent of the total Oregon/
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California sport allocation. Any monitor landings and provide a post- be used. Any overage in the all-depth additional pounds needed to equal the season estimate of catch within one fisheries would not affect achievement number of pounds contributed to the week of the end of the fixed season. If of allocation set aside for the inside 40– Columbia River subarea from the sufficient catch remains for an fm (73–m) curve fishery. Washington allocation will come from additional day of fishing after the spring B. The second season is an all-depth the Oregon Central Coast subarea season, openings will be provided if fishery with two potential openings. allocation. This subarea is defined as possible in May - July. Potential The first opening begins on the second waters south of Leadbetter Point, WA additional open dates for both the Thursday in May (if the season is five (46°38.17′ N. lat.) and north of Cape spring (May - July) and summer (August more fishing days) or the second Friday Falcon, OR (45°46.00′ N. lat.). The - October) seasons will be announced in May (if the season is four or fewer fishery will open on May 1, and preseason. If a decision is made fishing days) and is allocated 69 percent continue 7 days per week until the inseason to allow fishing on one or more of the subarea quota. Fixed season dates subquota is estimated to have been such additional days, notice of the for the first opening will be established taken, or September 30, whichever is opening will be announced on the preseason based on projected catch per earlier. Subsequent to this closure, if NMFS hotline (206) 526–6667 or (800) day and number of days to achievement there is insufficient quota remaining in 662–9825. No all-depth halibut fishing of the subquota for this season. The first the Columbia River subarea for another will be allowed on the additional dates opening will be structured for two days fishing day, then any remaining quota unless the opening date has been per week (Friday and Saturday) if the may be transferred inseason to another announced on the NMFS hotline. Any season is for four or fewer fishing days. Washington and/or Oregon subarea by poundage remaining unharvested in the The fishery will be structured for three NMFS via an update to the recreational spring all-depth subquota will be added days per week (Thursday through halibut hotline. Any remaining state’s to the summer all-depth sub-quota. Any Saturday) if the season is for five or quota would be transferred to that state. poundage that is not needed to extend more fishing days. The fixed season The daily bag limit is one halibut per the inside 40–fm (73–m) fishery through dates will be established preseason and person, with no size limit. [The to October 31 will be added to the will occur in consecutive weeks starting following two options are being summer all-depth season if it can be the second Thursday in May (if the considered. Option 1: No groundfish used, and any poundage remaining season is five or more fishing days) or may be retained, except sablefish when unharvested from the summer all-depth second Friday in May (if the season is allowed by groundfish regulations, by fishery will be added to the inside 40– four or fewer fishing days), with anglers landing in Oregon if halibut are fm (73–m) fishery subquota, if it can be exceptions to avoid adverse tidal on board the vessel; or option 2: No used. The daily bag limit is one halibut conditions. If, following the ‘‘fixed’’ groundfish may be retained, except per person, unless otherwise specified, dates, quota for this season remains sablefish when allowed by groundfish with no size limit. During days open to unharvested, a second opening will be regulations, if halibut are on board the all-depth halibut fishing, no groundfish held. The fishery will be open every vessel.] may be retained, except sablefish when other week on Thursday through In section (f) of the Plan, Sport allowed by groundfish regulations, if Saturday except that week(s) could be Fisheries, revise paragraph (1)(v) to read halibut are on board the vessel. A skipped to avoid adverse tidal as follows: yelloweye rockfish conservation area conditions. The potential open This subarea extends from Cape that is closed to recreational halibut Thursdays through Saturdays will be Falcon (45°46.00′ N. lat.) to Humbug identified preseason. The fishery will ° ′ fishing is defined by the following Mountain, OR (42 40.50 N. lat.) and is coordinates in the order listed: continue until there is insufficient quota allocated 95.0 percent of the Oregon/ (1) 44°37.46 N. lat.; 124°24.92 W. for an additional day of fishing or July California sport allocation minus any long.; 31, whichever occurs first. Any amount of pounds needed to contribute (2) 44°37.46 N. lat.; 124°23.63 W. remaining quota will be added to the to the Oregon portion of the Columbia long.; summer quota. No inseason adjustments River subarea quota. The structuring (3) 44°28.71 N. lat.; 124°21.80 W. will be made to the established fixed objectives for this subarea are to provide long.; season unless the combined Oregon all- two periods of fishing opportunity in (4) 44°28.71 N. lat.; 124°24.10 W. depth spring and summer season total spring and in summer in productive long.; subquotas are estimated to be achieved. deeper water areas along the coast, (5) 44°31.42 N. lat.; 124°25.47 W. C. The last season is an all-depth principally for charterboat and larger long.; fishery that begins on the first Friday in private boat anglers, and to provide a (6) and connecting back to 44°37.46 August and is allocated 23 percent of period of fishing opportunity in the N. lat.; 124°24.92 W. long. the subarea quota. The fishery will be summer for nearshore waters for small ODFW will sponsor a public structured to be open every other week boat anglers. Fixed season dates will be workshop shortly after the IPHC annual on Friday through Sunday except that established preseason for the spring meeting to develop recommendations to week(s) could be skipped to avoid opening and will not be modified NMFS on the open dates for each season adverse tidal conditions. The potential inseason except that the spring opening each year. The three seasons for this open Fridays through Sundays will be may be modified inseason if the subarea are as follows: identified preseason. If after the first combined Oregon all-depth spring and A. The first season opens on May 1, scheduled open period, the remaining summer season total quotas are only in waters inside the 40–fm (73–m) Cape Falcon to Humbug Mountain estimated to be achieved. Recent year curve, and continues daily until the entire season quota (combined all-depth catch rates will be used as a guideline subquota (8 percent of the subarea and inside 40–fm (73–m) quotas) is for estimating the catch rate for the quota) is taken, or until October 31, 60,000 lb (27.2 mt) or more, the fishery spring fishery each year. The number of whichever is earlier. Poundage that is will re-open on every Friday through fixed season days established will be estimated to be above the amount Sunday (versus every other weekend), if based on the projected catch per day needed to keep this season open determined to be appropriate through with the intent of not exceeding the through October 31 will be transferred joint consultation between IPHC, NMFS, subarea season quota. ODFW will to the summer all-depth fishery if it can and ODFW. Any excess quota projected
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to remain after the needs of the inside proposed 2005 sport fishery regulations (5) 48°04.00′ N. lat.; 125°11.00′ W. 40–fm (73–m) fishery are met would be based on the preliminary 2005 Area 2A long.; transferred into the remaining all-depth TAC of 1,330,000 lb (603 mt) are as (6) 48°04.00′ N. lat.; 124°59.00′ W. quota. The inseason action will be follows: long.; announced by NMFS via an update to (7) 48°00.00′ N. lat.; 124°59.00′ W. Washington Inside Waters Subarea the recreational halibut hotline. If after long.; ° ′ ° ′ the third scheduled open period, the This subarea is defined as all U.S. (8) 48 00.00 N. lat.; 125 18.00 W. remaining Cape Falcon to Humbug long.; waters east of the mouth of the Sekiu ° ′ Mountain entire season quota (9) and connecting back to 48 18.00 River, as defined by a line extending ° ′ (combined all-depth and inside 40–fm from 48°17.30′ N. lat., 124°23.70′ W. N. lat.; 125 18.00 W. long. (73–m) quotas) is 30,000 lb (13.6 mt) or long. north to 48°24.10′ N. lat., Washington South Coast Subarea more, the fishery will re-open on every 124°23.70′ W. long., including Puget This subarea is defined as waters Friday through Sunday (versus every Sound. This subarea would be allocated south of the Queets River (47°31.70′ N. other weekend), if determined to be 64,800 lb (29 mt) at an Area 2A TAC of lat.) and north of Leadbetter Point appropriate through joint consultation 1,330,000 lb (603 mt) in accordance (46°38.17′ N. lat.). This subarea would between IPHC, NMFS, and ODFW. with the Plan. According to the Plan, be allocated 50,146 lb (23 mt)at an Area Under this provision, after the third the structuring objective for this subarea scheduled open period, the bag limit 2A TAC of 1,330,000 lb (603 mt) in is to provide a stable sport fishing accordance with the Plan. According to would be two fish per person, with no opportunity and to maximize the season size limit. Any excess quota projected to the Plan, the structuring objective for length. For the 2005 fishing season, the this subarea is to maximize the season remain after the needs of the inside 40– fishery in this subarea would be set to fm (73–m) fishery are met would be length, while maintaining a quality meet the structuring objectives fishing experience. The fishery would transferred into the remaining all-depth described in the Plan. The final quota. The inseason action will be open on May 1 and continue five days determination of the season dates would per week (Sunday through Thursday) announced by NMFS via an update to be based on the allowable harvest level the recreational halibut hotline. The until September 30, or until the quota is and projected 2005 catch rates after the achieved, and the fishery is closed by fishery will continue until there is 2005 TAC is set by the IPHC. The daily insufficient quota for an additional day the IPHC, whichever occurs first. The bag limit would be one halibut of any fishery would be open Sunday through of fishing or October 31, whichever size per day, per person. occurs first. Any remaining quota will Thursday in all areas, except where be transferred to the fishery inside the Washington North Coast Subarea prohibited, and the fishery will be open seven days per week in the area from 40–fm (73–m) curve, if needed. If This subarea is defined as all U.S. the Queets River, WA south to 47°00.00′ inseason it is determined that the waters west of the mouth of the Sekiu N. lat. and east of 124°40.00′ W. long. combined all-depth and inside 40–fm River and north of the Queets River Beginning July 1, the halibut fishery (73–m) fisheries will not harvest the (47°31.70′ N. lat.). This subarea would opens seven days per week in the entire quota to the subarea, quota may be allocated 115,437 lb (52 mt) at an offshore and nearshore fisheries until be transferred inseason to another Area 2A TAC of 1,330,000 lb (603 mt) September 30, or until the quota is subarea south of Leadbetter Point, WA, in accordance with the Plan. According achieved and the fishery is closed by the by NMFS via an update to the to the Plan, the management objective IPHC, whichever occurs first. New for recreational halibut hotline. for this subarea is to provide a quality 2005, if there is insufficient quota to In section (f) of the Plan, Sport recreational fishing opportunity during reopen the entire south coast subarea for Fisheries, revise the second through May and the latter part of June. The another fishing day, then any remaining fourth sentences in paragraph (1)(vi) to fishery opens on the first Tuesday quota may be transferred to the read as follows: between May 9 and May 15 (May 10 in This area is defined as the area south nearshore area from the Queets River, 2005), and continues 5 days per week of Humbug Mountain, OR (42°40.50′ N. WA south to 47°00.00′ N. lat. and east (Tuesday through Saturday) until 72 lat.), including California waters. The of 124°40.00′ W. long. to accommodate percent of the quota for the subarea has structuring objective for this subarea is incidental catch in that fishery. The been taken, 83,115 lb (38 mt), and the to provide anglers the opportunity to daily bag limit would be one halibut of season is closed by the IPHC. The fish in a continuous, fixed season that any size per day, per person. fishery will re-open during the third is open from May 1 through October 31. week in June and continue Tuesday Columbia River Subarea The daily bag limit is one halibut per through Saturday until the overall quota person, with no size limit. This subarea is defined as waters for the subarea is taken and the season south of Leadbetter Point, WA Proposed 2005 Sport Fishery is closed by the IPHC. The daily bag (46°38.17′ N. lat.) and north of Cape Management Measures limit would be one halibut of any size Falcon, OR (45°46.00′ N. lat.). This NMFS is proposing sport fishery per day per person. A portion of this subarea would be allocated 13,747 lb (6 management measures that are subarea would be closed to sport fishing mt) at an Area 2A TAC of 1,330,000 lb necessary to implement the Plan in for halibut as a yelloweye rockfish (603 mt) in accordance with the Plan. 2005. The 2005 TAC for Area 2A will conservation area bounded by the New for 2005, language will be added to be determined by the IPHC at its annual following coordinates: the Plan to increase the number of meeting on January 18–21, 2005, in (1) 48°18.00′ N. lat.; 125°18.00′ W. pounds contributed to this subarea from Victoria, B.C. Because the 2005 TAC has long.; Oregon/California to match the number not yet been determined, these proposed (2) 48°18.00′ N. lat.; 124°59.00′ W. contributed by Washington. To reach sport fishery management measures use long.; this matching number of pounds, the IPHC’s preliminary 2005 Area 2A (3) 48°11.00′ N. lat.; 124°59.00′ W. Oregon will contribute pounds from its TAC recommendation of 1,330,000 lb long.; Central Coast subarea, as needed, in (603 mt), which is lower than the 2004 (4) 48°11.00′ N. lat.; 125°11.00′ W. addition to the 2 percent from the TAC of 1,480,000 lb (671 mt). The long.; Oregon/California sport allocation. If
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there is insufficient quota for another when allowed by groundfish regulation, (31) 44°08.30′ N. lat., 124°16.75′ W. fishing day after closure of the subarea, may not be retained in the inside 40–fm long.; any remaining state’s quota would be (73–m) fishery if halibut are onboard the (32) 44°01.18′ N. lat., 124°15.42′ W. transferred to that state. The fishery vessel during days open to all-depth long.; would open on May 1 and continue 7 fishing. Proposed coordinates for the (33) 43°51.60′ N. lat., 124°14.68′ W. days per week until the subarea quota boundary line approximating the 40–fm long.; is reached and the fishery is closed by (73–m) depth contour between 45°46.00′ (34) 43°42.66′ N. lat., 124°15.46′ W. the IPHC or September 30, whichever N. lat. and 42°40.50′ N. lat. are defined long.; occurs first. Also new for 2005, the by straight lines connecting all of the (35) 43°40.49′ N. lat., 124°15.74′ W. minimum length requirement for following points in the order stated: long.; halibut in this subarea will be removed. (1) 45°46.00′ N. lat., 124°04.49′ W. (36) 43°38.77′ N. lat., 124°15.64′ W. Therefore, the daily bag limit would be long.; long.; one halibut of any size per day, per (2) 45°44.34′ N. lat., 124°05.09′ W. (37) 43°34.52′ N. lat., 124°16.73′ W. person. long.; long.; In addition, as explained in the (3) 45°40.64′ N. lat., 124°04.90′ W. (38) 43°28.82′ N. lat., 124°19.52′ W. section of this proposed rule’s preamble long.; long.; on ‘‘Pacific Council recommended (4) 45°33.00′ N. lat., 124°04.46′ W. (39) 43°23.91′ N. lat., 124°24.28′ W. changes to the Plan and domestic long.; long.; fishing regulations,’’ there are two (5) 45°32.27′ N. lat., 124°04.74′ W. (40) 43°20.83′ N. lat., 124°26.63′ W. options being considered for groundfish long.; long.; retention in this subarea. Under Option (6) 45°29.26′ N. lat., 124°04.22′ W. (41) 43°17.96′ N. lat., 124°28.81′ W. 1 no groundfish may be retained, except long.; long.; sablefish when allowed by groundfish (7) 45°20.25′ N. lat., 124°04.67′ W. (42) 43°16.75′ N. lat., 124°28.42′ W. regulations, by anglers landing in long.; long.; Oregon if halibut are on board the (8) 45°19.99′ N. lat., 124°04.62′ W. (43) 43°13.98′ N. lat., 124°31.99′ W. vessel. Under Option 2 no groundfish long.; long.; may be retained, except sablefish when (9) 45°17.50′ N. lat., 124°04.91′ W. (44) 43°13.71′ N. lat., 124°33.25′ W. allowed by groundfish regulations, if long.; long.; ° ′ ° ′ halibut are on board the vessel. (10) 45 11.29 N. lat., 124 05.19 W. (45) 43°12.26′ N. lat., 124°34.16′ W. long.; long.; Oregon Central Coast Subarea (11) 45°05.79′ N. lat., 124°05.40′ W. (46) 43°10.96′ N. lat., 124°32.34′ W. This subarea extends from Cape long.; long.; ° ′ ° ′ Falcon (45°46.00′ N. lat.) to Humbug (12) 45 05.07 N. lat., 124 05.93 W. (47) 43°05.65′ N. lat., 124°31.52′ W. Mountain, OR (42°40.50′ N. lat.). This long.; long.; ° ′ ° ′ subarea would be allocated 251,264 lb (13) 45 03.83 N. lat., 124 06.47 W. (48) 42°59.66′ N. lat., 124°32.58′ W. (114 mt) at an Area 2A TAC of 1,330,000 long.; ° ′ ° ′ long.; lb (603 mt) in accordance with the Plan. (14) 45 01.70 N. lat., 124 06.53 W. (49) 42°54.97′ N. lat., 124°36.99′ W. As mentioned in the Columbia River long.; ° ′ ° ′ long.; subarea, the Oregon Central Coast (15) 44 58.75 N. lat., 124 07.14 W. (50) 42°53.81′ N. lat., 124°38.58′ W. long.; fishery will contribute quota pounds to ° ′ ° ′ long.; the Columbia River subarea to allow the (16) 44 51.28 N. lat., 124 10.21 W. (51) 42°50.00′ N. lat., 124°39.68′ W. long.; Oregon/California contribution to match ° ′ ° ′ long.; the Washington contribution. Thus, for (17) 44 49.49 N. lat., 124 10.89 W. (52) 42°49.14′ N. lat., 124°39.92′ W. long.; 2005, the Central Coast allocation will ° ′ ° ′ long.; be 95 percent of the Oregon/California (18) 44 44.96 N. lat., 124 14.39 W. (53) 42°46.47′ N. lat., 124°38.65′ W. sport allocation minus the amount of long.; long.; (19) 44°43.44′ N. lat., 124°14.78′ W. pounds needed to contribute to the (54) 42°45.60′ N. lat., 124°39.04′ W. long.; Oregon portion of the Columbia River long.; (20) 44°42.27′ N. lat., 124°13.81′ W. subarea quota. The structuring (55) 42°44.79′ N. lat., 124°37.96′ W. long.; objectives for this subarea are to provide (21) 44°41.68′ N. lat., 124°15.38′ W. long.; two periods of fishing opportunity in ° ′ ° ′ long.; (56) 42 45.00 N. lat., 124 36.39 W. spring (May-June) and in summer ° ′ ° ′ long.; (22) 44 34.87 N. lat., 124 15.80 W. ° ′ ° ′ (August-October) in productive deeper long.; (57) 42 44.14 N. lat., 124 35.16 W. water areas along the coast, principally ° ′ ° ′ long.; (23) 44 33.74 N. lat., 124 14.43 W. ° ′ ° ′ for charterboat and larger private boat long.; (58) 42 42.15 N. lat., 124 32.82 W. anglers, and to provide a period of (24) 44°27.66′ N. lat., 124°16.99′ W. long.; ° ′ ° ′ fishing opportunity during the summer long.; (59) 42 40.50 N. lat., 124 31.98 W. in nearshore waters for small boat (25) 44°19.13′ N. lat., 124°19.22′ W. long.; and ° ′ ° ′ anglers. long.; (60) 42 38.82 N. lat., 124 31.09 W. The central coast restricted depth (26) 44°15.35′ N. lat., 124°17.37′ W. long. fishery, or ‘‘inside 40–fm (73–m)’’ long.; If NMFS changes this boundary for fishery, which occurs inside of a (27) 44°14.38′ N. lat., 124°17.78′ W. recreational groundfish fishing by an boundary line approximating the 40–fm long.; inseason action to the Pacific Coast (73–m) depth contour, would be (28) 44°12.80′ N. lat., 124°17.18′ W. groundfish regulations during the year allocated 20,101 lb (9 mt), starting May long.; to protect overfished groundfish species, 1 through October 31 (seven days per (29) 44°09.23′ N. lat., 124°15.96′ W. NMFS will also publish a separate week) or until the allocated subquota is long.; inseason action in the Federal Register attained, whichever occurs first. New (30) 44°08.38′ N. lat., 124°16.80′ W. to change nearshore recreational halibut for 2005, all groundfish, except sablefish long.; regulations for this subarea to mirror the
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groundfish closure. Language will also (2) 44°37.46 N. lat.; 124°23.63 W. Leadbetter Point, WA, via an update to be added to the sport management long.; the halibut hotline. For 2005, all measures for 2005 such that, in times (3) 44°28.71 N. lat.; 124°21.80 W. groundfish, except sablefish when when the all-depth halibut fishery is long.; allowed by groundfish regulation, may closed and halibut fishing is permitted (4) 44°28.71 N. lat.; 124°24.10 W. not be retained if halibut are onboard only inshore of a boundary line long.; the vessel during days open to all-depth ° ° approximating the 40–fm (73–m) depth (5) 44 31.42 N. lat.; 124 25.47 W. fishing. In addition, a new yelloweye contour, halibut possession and long.; ° rockfish conservation area off Oregon retention by vessels operating offshore (6) and connecting back to 44 37.46 ° will be closed to recreational halibut of 40–fm (73–m) would be prohibited. N. lat.; 124 24.92 W. long. fishing and is defined by the following The spring all-depth season would be The summer all-depth fishery would coordinates: allocated 173,372 lb (79 mt). Based on be allocated 57,791 lb (26 mt), and (1) 44°37.46 N. lat.; 124°24.92 W. an observed catch per day trend in this would open on Friday, August 5. New long.; fishery in recent years, an estimated for 2005, this fishery’s season will be (2) 44°37.46 N. lat.; 124°23.63 W. 10,000 – 30,000 lb (5 – 14 mt) would be restructured from being open every long.; caught per day in 2005, resulting in a 5 other week on Friday and Saturday to (3) 44°28.71 N. lat.; 124° 21.80 W. to 17–day fixed season. In accordance every other week on Friday through long.; with the Plan, the season would open Sunday, except that week(s) may be (4) 44° 28.71 N. lat.; 124°24.10 W. on Thursday, May 12 and continue on skipped for adverse tidal conditions. For long.; Thursdays through Saturdays through 2005, no adverse tidal conditions are (5) 44°31.42 N. lat.; 124°25.47 W. the fixed dates, with exceptions to avoid predicted to occur during the August long.; adverse tidal conditions. The fixed dates through October period. Final (6) and connecting back to 44°37.46 will be set in spring 2005 after the IPHC determination of the week(s) that may N. lat.; 124°24.92 W. long. sets the final Area 2A TAC and after be skipped due to adverse tidal The final determination of the season ODFW holds public meetings. After the conditions will occur after the 2005 dates will be based on the allowable fixed date season, potential additional TAC has been set by the IPHC and after harvest level, projected catch rates, and fishing days for remaining quota in 2005 ODFW’s late January/early February recommendations developed in a public are structured differently than in public meeting. Also new for 2005, workshop sponsored by ODFW in late previous years. For 2005, if additional additional fishing days may be opened January/early February after the 2005 quota remains after the fixed season, a if a certain amount of quota remains TAC has been set by the IPHC. Also new second opening would be held for the after the first and third scheduled open for 2005, the minimum length spring fishery. The second opening periods for the summer all-depth fishery requirement for halibut in this subarea would be on every other week on in this subarea. If after the first opener, will be removed. Therefore, the daily Thursday through Saturday except that greater than or equal to 60,000 lbs (27.2 bag limit would be one halibut, unless week(s) could be skipped to avoid mt) remains in the combined all-depth otherwise specified, of any size per day, adverse tidal conditions. For 2005, the and inside 40–fm (73–m) quota, the per person. weeks to be skipped due to adverse tidal fishery may re-open on every Friday Humbug Mountain, OR through conditions in either the first or second through Sunday (versus every other California Subarea spring opener may include May 26 – 28, Friday through Sunday). If after the June 23 – 25 and July 21 – 23. Final third opener, greater than or equal to This area is defined as the area south determination of the week(s) that may 30,000 lbs (13.6 mt) remains in the of Humbug Mountain, OR (42°40.50′ N. be skipped due to adverse tidal combined all-depth and inside 40–fm lat.), including California waters. This conditions will occur after the 2005 (73–m) quota, the fishery may re-open subarea would be allocated 7,984 lb (3.6 TAC has been set by the IPHC and after on every Friday through Sunday and the mt) at an Area 2A TAC of 1,330,000 lb ODFW’s late January/early February bag limit would be two fish of any size (603 mt) in accordance with the Plan. public meeting. If a decision is made per person, per day. NMFS will The proposed 2005 sport season for this inseason by NMFS to allow fishing in announce on the NMFS hotline whether subarea would be the same as last year, the potential spring season, notice of an the summer all-depth fishery will be with a May 1 opening and continuing opening will be announced on the open on such additional fishing days seven days per week, until October 31. NMFS hotline, (206)526–6667 or and what days will comprise such New for 2005, the minimum length (800)662–9825. No halibut fishing will opening. Any inseason adjustments will requirement for halibut in this subarea be allowed on the reopening dates also be announced on the NMFS will be removed. Therefore, the daily unless the date is announced on the hotline. No halibut fishing will be bag limit would be one halibut of any NMFS hotline. The second spring allowed in the summer all-depth fishery size per day, per person. season would continue until there is unless the dates are announced on the Flexible Inseason Management insufficient quota for an additional NMFS hotline. The summer all-depth Provisions in Area 2A fishing day or until July 31, whichever fishery would continue until there is occurs first. Also new for 2005, all insufficient quota for an additional The flexible inseason management groundfish, except sablefish when fishing day and the fishery is closed by provisions in Area 2A have not changed allowed by groundfish regulation, may the IPHC or until October 31, whichever since 2004, but are republished here to not be retained if halibut are onboard occurs first. Any remaining quota would provide opportunity for public the vessel during days open to all-depth be added to the quota for the fishery comment. Section 25 of the annual fishing. In addition, a new yelloweye inside 40–fm (73–m), if needed. Also halibut management measures rockfish conservation area off Oregon new for 2005, language will be added to published in the Federal Register and will be closed to recreational halibut the Plan to allow for any remaining section (f)(5) of the Plan will read as fishing and is defined by the following quota that the all-depth and inside 40– follows: coordinates: fm (73–m) fisheries are not projected to (1) The Regional Administrator, (1) 44°37.46 N. lat.; 124°24.92 W. attain in this subarea to be transferred NMFS Northwest Region, after long.; inseason to another subarea south of consultation with the Chairman of the
VerDate jul<14>2003 16:09 Feb 04, 2005 Jkt 205001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\07FEP1.SGM 07FEP1 6402 Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Proposed Rules
Pacific Fishery Management Council, date of any inseason action filed with (4) No person shall fish for halibut in the Commission Executive Director, and the Federal Register. If the Regional the directed commercial halibut fishery the Fisheries Director(s) of the affected Administrator determines, for good and/or retain halibut incidentally taken state(s), or their designees, is authorized cause, that an inseason action must be in the primary sablefish fishery in Area to modify regulations during the season filed without affording a prior 2A from a vessel that, during the same after making the following opportunity for public comment, public calendar year, has been used in the determinations. comments will be received for a period sport halibut fishery in Area 2A or that (a) The action is necessary to allow of 15 days after publication of the action is licensed for the sport charter halibut allocation objectives to be met. in the Federal Register. fishery in Area 2A. (b) The action will not result in (c) Any inseason action issued under (5) No person shall retain halibut in exceeding the catch limit for the area. this section will remain in effect until the salmon troll fishery in Area 2A as (c) If any of the sport fishery subareas the stated expiration date or until authorized under Section 8 taken on a north of Cape Falcon, OR are not rescinded, modified, or superseded. vessel that, during the same calendar projected to utilize their respective However, no inseason action has any year, has been used in the sport halibut quotas by September 30, NMFS may effect beyond the end of the calendar fishery in Area 2A, or that is licensed take inseason action to transfer any year in which it is issued. for the sport charter halibut fishery in projected unused quota to another (5) Availability of data. The Regional Area 2A. Washington sport subarea. Administrator will compile, in aggregate (6) No person shall retain halibut in (d) If any of the sport fishery subareas form, all data and other information the salmon troll fishery in Area 2A as south of Leadbetter Point, WA are not relevant to the action being taken and authorized under Section 8 taken on a projected to utilize their respective will make them available for public vessel that, during the same calendar quotas by their season ending dates, review during normal office hours at the year, has been used in the directed NMFS may take inseason action to Northwest Regional Office, NMFS, commercial fishery during the fishing transfer any projected unused quota to Sustainable Fisheries Division, 7600 periods established in Section 8 and/or another Oregon sport subarea. Sand Point Way NE, Seattle, WA. retain halibut incidentally taken in the (2) Flexible inseason management primary sablefish fishery for Area 2A or Fishery Election in Area 2A provisions include, but are not limited that is licensed to participate in these to, the following: The fishery election process in Area commercial fisheries during the fishing (a) Modification of sport fishing 2A has not changed since 2004, except periods established in Section 8 in Area periods; to update the reference to the sablefish 2A. (b) Modification of sport fishing bag regulations at 50 CFR 660.372 in limits; paragraph (1)(b). The management Area 2A Non-Treaty Commercial (c) Modification of sport fishing size measures are republished here to Fishery Closed Area limits; provide opportunity for public Similar to 2003 and 2004, large closed (d) Modification of sport fishing days comment. Section 26 of the annual areas will apply to commercial vessels per calendar week; and halibut management measures operating in the directed non-treaty (e) Modification of subarea quotas published in the Federal Register will commercial fishery for halibut in Area north of Cape Falcon, OR. continue to read as follows: 2A. Some coordinates for the closed (3) Notice procedures. (1) A vessel that fishes in Area 2A areas have changed slightly from 2004. (a) Actions taken under this section may participate in only one of the For 2005, section 27 of the annual will be published in the Federal following three fisheries in Area 2A: halibut management measures will read Register. (a) The sport fishery under Section 24; as follows: (b) Actual notice of inseason (b) The commercial directed fishery Non-treaty commercial vessels management actions will be provided by for halibut during the fishing period(s) operating in the directed commercial a telephone hotline administered by the established in Section 8 and/or the fishery for halibut in Area 2A are Northwest Region, NMFS, at 206–526– incidental retention of halibut during required to fish outside of a closed area, 6667 or 800–662–9825 (May through the primary sablefish fishery described known as the Rockfish Conservation October) and by U.S. Coast Guard at 50 CFR 660.372; or Area (RCA), that extends along the coast broadcasts. These broadcasts are (c) The incidental catch fishery during from the U.S./Canada border south to announced on Channel 16 VHF-FM and the salmon troll fishery as authorized in 40°10′ N. lat. Coordinates for the 2182 kHz at frequent intervals. The Section 8. specific closed area boundaries are as announcements designate the channel (2) No person shall fish for halibut in follows: or frequency over which the notice to the sport fishery in Area 2A under (1) Between the U.S./Canada border mariners will be immediately broadcast. Section 24 from a vessel that has been and 46°16′ N. lat., the eastern boundary Since provisions of these regulations used during the same calendar year for of the RCA is the shoreline. may be altered by inseason actions, commercial halibut fishing in Area 2A (2) Between 46°16′ N. lat. and 40°10′ sport fishers should monitor either the or that has been issued a permit for the N. lat., the RCA is defined along an telephone hotline or U.S. Coast Guard same calendar year for the commercial eastern, inshore boundary broadcasts for current information for halibut fishery in Area 2A. approximating 30–fm (55–m). Between the area in which they are fishing. (3) No person shall fish for halibut in 46°16′ N. lat. and 40°10′ N. lat., the (4) Effective dates. the directed halibut fishery during the eastern boundary for the RCA is defined (a) Any action issued under this fishing periods established in Section 8 by straight lines connecting all of the section is effective on the date specified and/or retain halibut incidentally taken following points in the order stated: in the publication or at the time that the in the primary sablefish fishery in Area (1) 46°16.00′ N. lat., 124°13.05′ W. action is filed for public inspection with 2A from a vessel that has been used long.; the Office of the Federal Register, during the same calendar year for the (2) 46°07.00′ N. lat., 124°07.01′ W. whichever is later. incidental catch fishery during the long.; (b) If time allows, NMFS will invite salmon troll fishery as authorized in (3) 45°55.95′ N. lat., 124°02.23′ W. public comment prior to the effective Section 8. long.;
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(4) 45°54.53′ N. lat., 124°02.57′ W. (39) 43°44.26′ N. lat., 124°14.50′ W. (74) 42°27.07′ N. lat., 124°32.53′ W. long.; long.; long.; (5) 45°50.65′ N. lat., 124°01.62′ W. (40) 43°33.82′ N. lat., 124°16.28′ W. (75) 42°24.21′ N. lat., 124°31.23′ W. long.; long.; long.; (6) 45°48.20′ N. lat., 124°02.16′ W. (41) 43°28.66′ N. lat., 124°18.72′ W. (76) 42°20.47′ N. lat., 124°28.87′ W. long.; long.; long.; (7) 45°46.00′ N. lat., 124°01.86′ W. (42) 43°23.12′ N. lat., 124°24.04′ W. (77) 42°14.60′ N. lat., 124°26.80′ W. long.; long.; long.; (8) 45°43.47′ N. lat., 124°01.28′ W. (43) 43°20.83′ N. lat., 124°25.67′ W. (78) 42°13.67′ N. lat., 124°26.25′ W. long.; long.; long.; (9) 45°40.48′ N. lat., 124°01.03′ W. (44) 43°20.49′ N. lat., 124°25.90′ W. (79) 42°10.90′ N. lat., 124°24.57′ W. long.; long.; long.; (10) 45°39.04′ N. lat., 124°01.68′ W. (45) 43°16.41′ N. lat., 124°27.52′ W. (80) 42°07.04′ N. lat., 124°23.35′ W. long.; long.; long.; (11) 45°35.48′ N. lat., 124°01.89′ W. (46) 43°14.23′ N. lat., 124°29.28′ W. (81) 42°02.16′ N. lat., 124°22.59′ W. long.; long.; long.; (12) 45°29.81′ N. lat., 124°02.45′ W. (47) 43°14.03′ N. lat., 124°28.31′ W. (82) 42°00.00′ N. lat., 124°21.81′ W. long.; long.; long.; (13) 45°27.96′ N. lat., 124°01.89′ W. (48) 43°11.92′ N. lat., 124°28.26′ W. (83) 41°55.75′ N. lat., 124°20.72′ W. long.; long.; long.; (14) 45°27.22′ N. lat., 124°02.67′ W. (49) 43°11.02′ N. lat., 124°29.11′ W. (84) 41°50.93′ N. lat., 124°23.76′ W. long.; long.; long.; (15) 45°24.20′ N. lat., 124°02.94′ W. (50) 43°10.13′ N. lat., 124°29.15′ W. (85) 41°42.53′ N. lat., 124°16.47′ W. long.; long.; long.; (16) 45°20.60′ N. lat., 124°01.74′ W. (51) 43°09.27′ N. lat., 124°31.03′ W. (86) 41°37.20′ N. lat., 124°17.05′ W. long.; long.; long.; (17) 45°20.25′ N. lat., 124°01.85′ W. (52) 43°07.73′ N. lat., 124°30.92′ W. (87) 41°24.58′ N. lat., 124°10.51′ W. long.; long.; long.; (18) 45°16.44′ N. lat., 124°03.22′ W. (53) 43°05.93′ N. lat., 124°29.64′ W. (88) 41°20.73′ N. lat., 124°11.73′ W. long.; long.; long.; (19) 45°13.63′ N. lat., 124°02.70′ W. (54) 43°01.59′ N. lat., 124°30.64′ W. (89) 41°17.59′ N. lat., 124°10.66′ W. long.; long.; long.; (20) 45°11.04′ N. lat., 124°03.59′ W. (55) 42°59.73′ N. lat., 124°31.16′ W. (90) 41°04.54′ N. lat., 124°14.47′ W. long.; long.; long.; (21) 45°08.55′ N. lat., 124°03.47′ W. (56) 42°53.75′ N. lat., 124°36.09′ W. (91) 40°54.26′ N. lat., 124°13.90′ W. long.; long.; long.; (22) 45°02.82′ N. lat., 124°04.64′ W. (57) 42°50.00′ N. lat., 124°38.39′ W. (92) 40°40.31′ N. lat., 124°26.24′ W. long.; long.; long.; (23) 45°03.38′ N. lat., 124°04.79′ W. (58) 42°49.37′ N. lat., 124°38.81′ W. (93) 40°34.00′ N. lat., 124°27.39′ W. long.; long.; long.; (24) 44°58.06′ N. lat., 124°05.03′ W. (59) 42°46.42′ N. lat., 124°37.69′ W. (94) 40°30.00′ N. lat., 124°31.32′ W. long.; long.; long.; (25) 44°53.97′ N. lat., 124°06.92′ W. (60) 42°46.07′ N. lat., 124°38.56′ W. (95) 40°28.89′ N. lat., 124°32.43′ W. long.; long.; long.; (26) 44°48.89′ N. lat., 124°07.04′ W. (61) 42°45.29′ N. lat., 124°37.95′ W. (96) 40°24.77′ N. lat., 124°29.51′ W. long.; long.; long.; (27) 44°46.94′ N. lat., 124°08.25′ W. (62) 42°45.61′ N. lat., 124°36.87′ W. (97) 40°22.47′ N. lat., 124°24.12′ W. long.; long.; long.; (28) 44°42.72′ N. lat., 124°08.98′ W. (63) 42°44.28′ N. lat., 124°33.64′ W. (98) 40°19.73′ N. lat., 124°23.59′ W. long.; long.; long.; (29) 44°38.16′ N. lat., 124°11.48′ W. (64) 42°42.75′ N. lat., 124°31.84′ W. (99) 40°18.64′ N. lat., 124°21.89′ W. long.; long.; long.; (30) 44°33.38′ N. lat., 124°11.54′ W. (65) 42°40.50′ N. lat., 124°29.67′ W. (100) 40°17.67′ N. lat., 124°23.07′ W. long.; long.; long.; (31) 44°28.51′ N. lat., 124°12.03′ W. (66) 42°40.04′ N. lat., 124°29.19′ W. (101) 40°15.58′ N. lat., 124°23.61′ W. long.; long.; long.; (32) 44°27.65′ N. lat., 124°12.56′ W. (67) 42°38.09′ N. lat., 124°28.39′ W. (102) 40°13.42′ N. lat., 124°22.94′ W. long.; long.; long.; and (33) 44°19.67′ N. lat., 124°12.37′ W. (68) 42°36.72′ N. lat., 124°27.54′ W. (103) 40°10.00′ N. lat., 124°16.65′ W. long.; long.; long. (34) 44°10.79′ N. lat., 124°12.22′ W. (69) 42°36.56′ N. lat., 124°28.40′ W. (3) Between the U.S./Canada border long.; long.; and 40°10′ N. lat., the RCA is defined (35) 44°09.22′ N. lat., 124°12.28′ W. (70) 42°35.76′ N. lat., 124°28.79′ W. along a western, offshore boundary long.; long.; approximating 100-fm (183-m). North of (36) 44°08.30′ N. lat., 124°12.30′ W. (71) 42°34.03′ N. lat., 124°29.98′ W. 40°10′ N. lat., the western boundary for long.; long.; the RCA is defined by straight lines (37) 44°00.22′ N. lat., 124°12.80′ W. (72) 42°34.19′ N. lat., 124°30.58′ W. connecting all of the following points in long.; long.; the order stated: (38) 43°51.56′ N. lat., 124°13.17′ W. (73) 42°31.27′ N. lat., 124°32.24′ W. (1) 48°15.00′ N. lat., 125°41.00′ W. long.; long.; long.;
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(2) 48°14.00′ N. lat., 125°36.00′ W. (37) 47°56.62′ N. lat., 125°13.50′ W. (72) 46°58.72′ N. lat., 124°48.78′ W. long.; long.; long.; (3) 48°09.50′ N. lat., 125°40.50′ W. (38) 47°53.71′ N. lat., 125°11.96′ W. (73) 46°54.45′ N. lat., 124°48.36′ W. long.; long.; long.; (4) 48°08.00′ N. lat., 125°38.00′ W. (39) 47°51.70′ N. lat., 125°09.38′ W. (74) 46°53.99′ N. lat., 124°49.95′ W. long.; long.; long.; (5) 48°05.00′ N. lat., 125°37.25′ W. (40) 47°49.95′ N. lat., 125°06.07′ W. (75) 46°54.38′ N. lat., 124°52.73′ W. long.; long.; long.; (6) 48°02.60′ N. lat., 125°34.70′ W. (41) 47°49.00′ N. lat., 125°03.00′ W. (76) 46°52.38′ N. lat., 124°52.02′ W. long.; long.; long.; (7) 47°59.00′ N. lat., 125°34.00′ W. (42) 47°46.95′ N. lat., 125°04.00′ W. (77) 46°48.93′ N. lat., 124°49.17′ W. long.; long.; long.; (8) 47°57.26′ N. lat., 125°29.82′ W. (43) 47°46.58′ N. lat., 125°03.15′ W. (78) 46°41.50′ N. lat., 124°43.00′ W. long.; long.; long.; (9) 47°59.87′ N. lat., 125°25.81′ W. (44) 47°44.07′ N. lat., 125°04.28′ W. (79) 46°34.50′ N. lat., 124°28.50′ W. long.; long.; long.; (10) 48°01.80′ N. lat., 125°24.53′ W. (45) 47°43.32′ N. lat., 125°04.41′ W. (80) 46°29.00′ N. lat., 124°30.00′ W. long.; long.; long.; (11) 48°02.08′ N. lat., 125°22.98′ W. (46) 47°40.95′ N. lat., 125°04.14′ W. (81) 46°20.00′ N. lat., 124°36.50′ W. long.; long.; long.; (12) 48°02.97′ N. lat., 125°22.89′ W. (47) 47°39.58′ N. lat., 125°04.97′ W. (82) 46°18.00′ N. lat., 124°38.00′ W. long.; long.; long.; (13) 48°04.47′ N. lat., 125°21.75′ W. (48) 47°36.23′ N. lat., 125°02.77′ W. (83) 46°17.52′ N. lat., 124°35.35′ W. long.; long.; long.; (14) 48°06.11′ N. lat., 125°19.33′ W. (49) 47°34.28′ N. lat., 124°58.66′ W. (84) 46°17.00′ N. lat., 124°22.50′ W. long.; long.; long.; (15) 48°07.95′ N. lat., 125°18.55′ W. (50) 47°32.17′ N. lat., 124°57.77′ W. (85) 46°16.00′ N. lat., 124°20.62′ W. long.; long.; long.; (16) 48°09.00′ N. lat., 125°18.00′ W. (51) 47°30.27′ N. lat., 124°56.16′ W. (86) 46°13.52′ N. lat., 124°25.49′ W. long.; long.; long.; (17) 48°11.31′ N. lat., 125°17.55′ W. (52) 47°30.60′ N. lat., 124°54.80′ W. (87) 46°12.17′ N. lat., 124°30.75′ W. long.; long.; long.; (18) 48°14.60′ N. lat., 125°13.46′ W. (53) 47°29.26′ N. lat., 124°52.21′ W. (88) 46°10.63′ N. lat., 124°37.95′ W. long.; long.; long.; (19) 48°16.67′ N. lat., 125°14.34′ W. (54) 47°28.21′ N. lat., 124°50.65′ W. (89) 46°09.29′ N. lat., 124°39.01′ W. long.; long.; long.; (20) 48°18.73′ N. lat., 125°14.41′ W. (55) 47°27.38′ N. lat., 124°49.34′ W. (90) 46°02.40′ N. lat., 124°40.37′ W. long.; long.; long.; (21) 48°19.67′ N. lat., 125°13.70′ W. (56) 47°25.61′ N. lat., 124°48.26′ W. (91) 45°56.45′ N. lat., 124°38.00′ W. long.; long.; long.; (22) 48°19.70′ N. lat., 125°11.13′ W. (57) 47°23.54′ N. lat., 124°46.42′ W. (92) 45°51.92′ N. lat., 124°38.49′ W. long.; long.; long.; (23) 48°22.95′ N. lat., 125°10.79′ W. (58) 47°20.64′ N. lat., 124°45.91′ W. (93) 45°47.19′ N. lat., 124°35.58′ W. long.; long.; long.; (24) 48°21.61′ N. lat., 125°02.54′ W. (59) 47°17.99′ N. lat., 124°45.59′ W. (94) 45°46.41′ N. lat., 124°32.36′ W. long.; long.; long.; (25) 48°23.00′ N. lat., 124°49.34′ W. (60) 47°18.20′ N. lat., 124°49.12′ W. (95) 45°46.00′ N. lat., 124°32.10′ W. long.; long.; long.; (26) 48°17.00′ N. lat., 124°56.50′ W. (61) 47°15.01′ N. lat., 124°51.09′ W. (96) 45°41.75′ N. lat., 124°28.12′ W. long.; long.; long.; (27) 48°06.00′ N. lat., 125°00.00′ W. (62) 47°12.61′ N. lat., 124°54.89′ W. (97) 45°36.96′ N. lat., 124°24.48′ W. long.; long.; long.; (28) 48°04.62′ N. lat., 125°01.73′ W. (63) 47°08.22′ N. lat., 124°56.53′ W. (98) 45°31.84′ N. lat., 124°22.04′ W. long.; long.; long.; (29) 48°04.84′ N. lat., 125°04.03′ W. (64) 47°08.50′ N. lat., 124°57.74′ W. (99) 45°27.10′ N. lat., 124°21.74′ W. long.; long.; long.; (30) 48°06.41′ N. lat., 125°06.51′ W. (65) 47°01.92′ N. lat., 124°54.95′ W. (100) 45°20.25′ N. lat., 124°18.54′ W. long.; long.; long.; (31) 48°06.00′ N. lat., 125°08.00′ W. (66) 47°01.14′ N. lat., 124°59.35′ W. (101) 45°18.14′ N. lat., 124°17.59′ W. long.; long.; long.; (32) 48°07.08′ N. lat., 125°09.34′ W. (67) 46°58.48′ N. lat., 124°57.81′ W. (102) 45°11.08′ N. lat., 124°16.97′ W. long.; long.; long.; (33) 48°07.28′ N. lat., 125°11.14′ W. (68) 46°56.79′ N. lat., 124°56.03′ W. (103) 45°04.38′ N. lat., 124°18.36′ W. long.; long.; long.; (34) 48°03.45′ N. lat., 125°16.66′ W. (69) 46°58.01′ N. lat., 124°55.09′ W. (104) 45°03.83′ N. lat., 124°18.60′ W. long.; long.; long.; (35) 47°59.50′ N. lat., 125°18.88′ W. (70) 46°55.07′ N. lat., 124°54.14′ W. (105) 44°58.05′ N. lat., 124°21.58′ W. long.; long.; long.; (36) 47°58.68′ N. lat., 125°16.19′ W. (71) 46°59.60′ N. lat., 124°49.79′ W. (106) 44°47.67′ N. lat., 124°31.41′ W. long.; long.; long.;
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(107) 44°44.55′ N. lat., 124°33.58′ W. (142) 41°32.92′ N. lat., 124°28.79′ W. 2A TAC is known and after NMFS long.; long.; reviews public comments and (108) 44°39.88′ N. lat., 124°35.01′ W. (143) 41°24.17′ N. lat., 124°28.46′ W. comments from the states, NMFS will long.; long.; issue a final rule for the Area 2A Pacific (109) 44°32.90′ N. lat., 124°36.81′ W. (144) 41°10.12′ N. lat., 124°20.50′ W. halibut fisheries concurrent with the long.; long.; IPHC regulations for the 2005 Pacific (110) 44°30.33′ N. lat., 124°38.56′ W. (145) 40°51.41′ N. lat., 124°24.38′ W. halibut fisheries. long.; long.; (111) 44°30.04′ N. lat., 124°42.31′ W. (146) 40°43.71′ N. lat., 124°29.89′ W. Classification long.; long.; NMFS has prepared an EA/RIR/IRFA (112) 44°26.84′ N. lat., 124°44.91′ W. (147) 40°40.14′ N. lat., 124°30.90′ W. and a CE on the proposed changes to the long.; long.; Plan and annual domestic Area 2A (113) 44°17.99′ N. lat., 124°51.03′ W. (148) 40°37.35′ N. lat., 124°29.05′ W. halibut management measures. Copies long.; long.; of these documents are available from (114) 44°13.68′ N. lat., 124°56.38′ W. (149) 40°34.76′ N. lat., 124°29.82′ W. NMFS (see ADDRESSES). long.; long.; NMFS prepared an IRFA that (115) 44°08.30′ N. lat., 124°55.99′ W. (150) 40°36.78′ N. lat., 124°37.06′ W. describes the economic impact this long.; long.; proposed rule, if adopted, would have (116) 43°56.67′ N. lat., 124°55.45′ W. (151) 40°32.44′ N. lat., 124°39.58′ W. on small entities. A description of the long.; long.; action, why it is being considered, and ° ′ ° ′ (117) 43 56.47 N. lat., 124 34.61 W. (152) 40°30.00′ N. lat., 124°38.13′ W. the legal basis for this action are long.; long.; contained at the beginning of this ° ′ ° ′ (118) 43 42.73 N. lat., 124 32.41 W. (153) 40°24.82′ N. lat., 124°35.12′ W. section in the preamble and in the long.; long.; SUMMARY section of the preamble. The ° ′ ° ′ (119) 43 30.93 N. lat., 124 34.43 W. (154) 40°23.30′ N. lat., 124°31.60′ W. IRFA is available from NMFS (see long.; ADDRESSES). A summary of the IRFA ° ′ ° ′ long.; (120) 43 20.83 N. lat., 124 39.39 W. (155) 40°23.52′ N. lat., 124°28.78′ W. follows: long.; A fish-harvesting business is ° ′ ° ′ long.; (121) 43 17.45 N. lat., 124 41.16 W. (156) 40°22.43′ N. lat., 124°25.00′ W. considered a ‘‘small’’ business by the long.; Small Business Administration (SBA) if ° ′ ° ′ long.; (122) 43 07.04 N. lat., 124 41.25 W. (157) 40°21.72′ N. lat., 124°24.94′ W. it has annual receipts not in excess of long.; $3.5 million. For related fish-processing ° ′ ° ′ long.; (123) 43 03.45 N. lat., 124 44.36 W. (158) 40°21.87′ N. lat., 124°27.96′ W. businesses, a small business is one that long.; employs 500 or fewer persons. For ° ′ ° ′ long.; (124) 43 03.90 N. lat., 124 50.81 W. (159) 40°21.40′ N. lat., 124°28.74′ W. marinas and charter/party boats, a small long.; ° ′ ° ′ long.; business is one with annual receipts not (125) 42 55.70 N. lat., 124 52.79 W. (160) 40°19.68′ N. lat., 124°28.49′ W. in excess of $6.0 million. All of the long.; ° ′ ° ′ long.; businesses that would be affected by (126) 42 54.12 N. lat., 124 47.36 W. (161) 40°17.73′ N. lat., 124°25.43′ W. this action are considered small long.; long.; businesses under SBA guidance. (127) 42°50.00′ N. lat., 124°45.33′ W. (162) 40°18.37′ N. lat., 124°23.35′ W. The proposed changes to the Plan, long.; long.; which allocates the catch of Pacific (128) 42°44.00′ N. lat., 124°42.38′ W. (163) 40°15.75′ N. lat., 124°26.05′ W. halibut among users in Washington, long.; long.; Oregon and California, would: (1) allow (129) 42°40.50′ N. lat., 124°41.71′ W. (164) 40°16.75′ N. lat., 124°33.71′ W. remaining quota from Washington’s long.; long.; south coast subarea to be used to (130) 42°38.23′ N. lat., 124°41.25′ W. (165) 40°16.29′ N. lat., 124°34.36′ W. accommodate incidental catch in the long.; south coast nearshore fishery; (2) allow (131) 42°33.03′ N. lat., 124°42.38′ W. long.; and (166) 40°10.00′ N. lat., 124°21.12′ W. quota projected to be unused to be long.; (132) 42°31.89′ N. lat., 124°42.04′ W. long.; transferred from the Oregon’s central long.; NMFS requests public comments on coast subarea to another subarea south (133) 42°30.09′ N. lat., 124°42.67′ W. the Pacific Council’s recommended of Leadbetter Point, WA; (3) revise the long.; modifications to the Plan and the season structure for Oregon’s all-depth (134) 42°28.28′ N. lat., 124°47.08′ W. proposed domestic fishing regulations. spring and summer sport fisheries; (4) long.; The Area 2A TAC will be set by the provide more flexibility for Oregon’s (135) 42°25.22′ N. lat., 124°43.51′ W. IPHC at its annual meeting on January inseason sport fishery management long.; 18–21, 2005, in Victoria, B.C. NMFS (triggers for additional fishery openings (136) 42°19.23′ N. lat., 124°37.92′ W. requests comments on the proposed and bag limits in the all-depth summer long.; changes to the Plan and domestic fishery); (5) revise the public (137) 42°16.29′ N. lat., 124°36.11′ W. fishing regulations after the annual announcement process for the Oregon long.; meeting but before 5pm local time on all-depth summer sport fishery; (6) (138) 42°13.67′ N. lat., 124°35.81′ W. March 16, 2005, so that the public will revise the Columbia River subarea quota long.; have the opportunity to consider the contributions from Oregon/California; (139) 42°05.66′ N. lat., 124°34.92′ W. final Area 2A TAC before submitting (7) remove the minimum length long.; comments on the proposed changes. requirement in all subareas south of (140) 42°00.00′ N. lat., 124°35.27′ W. The States of Washington and Oregon Leadbetter Point, WA; (8) prohibit long.; will conduct public workshops shortly retention of all groundfish, except (141) 41°47.04′ N. lat., 124°27.64′ W. after the IPHC meeting to obtain input sablefish, in the Columbia River fishery long.; on the sport season dates. After the Area during all days and in the Central Coast
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fisheries during ‘‘all-depth’’ days; (9) they vary by size class of the vessels and not duplicate, overlap or conflict with implement a closed area off Oregon’s home state. In 2000, small Oregon other laws or regulations. coast; and (10) revise all coordinates charterboat vessels had an average This action has been determined to be from degrees minutes seconds to annual revenue of about $7,000, an not significant for purposes of Executive degrees decimal minutes. These average length of 23.4 feet (7.2 meters), Order 12866. proposed changes to the Plan for each and typically carried six passengers. In Pursuant to Executive Order 13175, issue are intended to increase protection 2000, medium Oregon charterboat the Secretary of Commerce recognizes for overfished groundfish within the vessels had an average annual revenue the sovereign status and co-manager role recreational halibut fisheries and to of $85,000, an average length of 41.4 feet of Indian tribes over shared Federal and allow Oregon anglers easier access to and typically carried 19 to 20 tribal fishery resources. At section their halibut quota. The flexible passengers. These data confirm that 302(b)(5), the Magnuson-Stevens inseason management provisions, the Oregon charterboat vessels qualify as Fishery Conservation and Management fishery election process, and the small entities under the Regulatory Act reserves a seat on the Pacific domestic management measures in Area Flexibility Act. Council for a representative of an Indian 2A have essentially not changed since The proposed changes to the Plan are tribe with federally recognized fishing 2004, but are included in the proposed not expected to result in any significant rights from California, Oregon, rule to provide opportunity for public economic impacts for small entities. The Washington, or Idaho. notice and comment. proposed sport management measures The U.S. government formally These changes to the Plan and annual for 2005 implement the Plan by recognizes that the 12 Washington domestic Area 2A halibut management managing the recreational fishery to Tribes have treaty rights to fish for measures are authorized under the meet the differing fishery needs of the Pacific halibut. In general terms, the Pacific Halibut Act and implementing various areas along the coast according quantification of those rights is 50 regulations at 50 CFR 300.60–65. to the Plan’s objectives. The EA/RIR/ percent of the harvestable surplus of The proposed changes to the Plan will IRFA for this action reviewed Pacific halibut available in the tribes’ affect charter fishing operations that alternatives including no action, usual and accustomed (U and A) fishing operate off Oregon. The IPHC issued 138 adopting a closed area on Stonewall areas (described at 50 CFR 300.64). Each licenses to the charterboat fleet in 2004, Bank, prohibiting groundfish retention of the treaty tribes has the discretion to approximately 52 of which were issued in the Columbia River and Oregon’s administer their fisheries and to to Oregon charterboat operators. Central coast areas, and removing the establish their own policies to achieve Specific data on the economics of minimum length requirement. The program objectives. Accordingly, tribal halibut charter operations is preferred alternatives were to adopt allocations and regulations, including unavailable. However, in January 2004 both a closed area on Stonewall Bank the proposed changes to the Plan, have the Pacific States Marine Fisheries and prohibit groundfish retention in the been developed in consultation with the Commission (PSMFC) reported that Columbia River and Oregon’s Central affected tribe(s) and, insofar as possible, there were about 150 charterboat vessels coast areas as well as removing the with tribal consensus. operating in waters off Oregon in 2000. minimum length requirement. There Authority: 16 U.S.C. 773–773k Compared with the 52 IPHC charter were no alternatives that could have licenses issued to Oregon addresses in similarly improved angler enjoyment of Dated: February 1, 2005. 2004, this estimate suggests that and participation in the fisheries while John Oliver, approximately 35–percent of the Oregon simultaneously protecting halibut and Deputy Assistant Administrator for charterboat fleet participates in the co-occurring groundfish species from Operations, National Marine Fisheries halibut fishery. The PSMFC has overharvest. These changes do not Service. developed preliminary estimates of the include any reporting or recordkeeping [FR Doc. 05–2282 Filed 2–4–05; 8:45 am] annual revenues earned by this fleet and requirements. These changes will also BILLING CODE 3510–22–S
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Notices Federal Register Vol. 70, No. 24
Monday, February 7, 2005
This section of the FEDERAL REGISTER the collection of information unless it DEPARTMENT OF AGRICULTURE contains documents other than rules or displays a currently valid OMB control proposed rules that are applicable to the number. Submission for OMB Review; public. Notices of hearings and investigations, Comment Request committee meetings, agency decisions and Food and Nutrition Service rulings, delegations of authority, filing of February 2, 2005. petitions and applications and agency Title: Child Nutrition Database. OMB Control Number: 0584–0494. The Department of Agriculture has statements of organization and functions are submitted the following information examples of documents appearing in this Summary of Collection: The Child section. Nutrition (CN) Database is a necessary collection requirement(s) to OMB for component in implementation of review and clearance under the USDA’s Food and Nutrition Service Paperwork Reduction Act of 1995, DEPARTMENT OF AGRICULTURE (FNS) National School Lunch Program Public Law 104–13. Comments (NSLP) and School Breakfast (SBP): regarding (a) whether the collection of Submission for OMB Review; School Meals Initiative for Healthy information is necessary for the proper Comment Request Children final rule published in the performance of the functions of the June 13, 1995 Federal Register, Volume agency, including whether the February 1, 2005. information will have practical utility; The Department of Agriculture has 60, No. 113. The overriding purpose in NSLP and SBP initiatives is to serve (b) the accuracy of the agency’s estimate submitted the following information of burden including the validity of the collection requirement(s) to OMB for more nutritious and healthful meals to school children. FNS updated the methodology and assumptions used; (c) review and clearance under the ways to enhance the quality, utility and Paperwork Reduction Act of 1995, regulations which established the specific nutrition criteria for clarity of the information to be Public Law 104–13. Comments collected; (d) ways to minimize the regarding (a) whether the collection of reimbursable school meals incorporating the Recommended Dietary burden of the collection of information information is necessary for the proper on those who are to respond, including performance of the functions of the Allowances (RDA) issued by the Food and Nutrition Board, Commission on through the use of appropriate agency, including whether the automated, electronic, mechanical, or information will have practical utility; Life Sciences, National Research other technological collection (b) the accuracy of the agency’s estimate Council for key nutrients, energy techniques or other forms of information of burden including the validity of the allowances for calories, and the most technology should be addressed to: Desk methodology and assumptions used; (c) current nutritional standards as outlined Officer for Agriculture, Office of ways to enhance the quality, utility and in the Dietary Guidelines. FNS will Information and Regulatory Affairs, clarity of the information to be collect information using a database that Office of Mangement and Budget collected; (d) ways to minimize the contains information on the nutritional (OMB), Pamela_Beverly_OIRA_ burden of the collection of information composition. [email protected] or fax on those who are to respond, including Need and Use of the Information: FNS (202) 395–5806 and to Departmental through the use of appropriate will collect information on (1) USDA automated, electronic, mechanical, or commodities; (2) USDA Nutrient Clearance Office, USDA, OCIO, Mail other technological collection Database for Standard Reference food Stop 7602, Washington, DC 20250– techniques or other forms of information items which are used in the SBP and 7602. Comments regarding these technology should be addressed to: Desk NSLP; (3) quantity recipes for school information collections are best assured Officer for Agriculture, Office of food service developed by USDA; and of having their full effect if received Information and Regulatory Affairs, (4) brand name commercially processed within 30 days of this notification. Office of Management and Budget foods. The information gathered for the Copies of the submission(s) may be (OMB), Pamela_Beverly_OIRA_ CN Database is required to be used in obtained by calling (202) 720–8681. [email protected] or fax software program approved by USDA An agency may not conduct or (202) 395–5806 and to Departmental for use in meeting the nutrient sponsor a collection of information Clearance Office, USDA, OCIO, Mail standards and nutrition goals of the unless the collection of information Stop 7602, Washington, DC 20250– Child Nutrition Program meal pattern. displays a currently valid OMB control 7602. Comments regarding these Both the States and program will use the number and the agency informs information collections are best assured information. potential persons who are to respond to of having their full effect if received Description of Respondents: Business the collection of information that such within 30 days of this notification. or other for-profit. persons are not required to respond to Copies of the submission(s) may be Number of Respondents: 75. the collection of information unless it obtained by calling (202) 720–8681. Frequency of Responses: Report: displays a currently valid OMB control An agency may not conduct or Other (as needed). number. sponsor a collection of information Total Burden Hours: 2,300. Animal and Plant Health Inspection unless the collection of information Service displays a currently valid OMB control Ruth Brown, number and the agency informs Departmental Information Collection Title: 7 CFR 340; Introduction of potential persons who are to respond to Clearance Officer. Organisms and Products Altered or the collection of information that such [FR Doc. 05–2277 Filed 2–4–05; 8:45 am] Produced Through Genetic Engineering. persons are not required to respond to BILLING CODE 3410–30–M OMB Control Number: 0579–0085.
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Summary of Collection: The Animal the Animal and Plant Health Inspection ADDRESSES: The meeting will be held at and Plant Health Inspection Service Service (APHIS) to perform specific the Yreka High School Library, Preece (APHIS) is charged with preventing the laboratory testing or phytosanitary Way, Yreka, California. introduction into, and dissemination inspections that could serve as the basis FOR FURTHER INFORMATION CONTACT: Don and establishment of plant pests in the for issuing Federal phytosanitary Hall, RAC Coordinator, Klamath United States. The statutory certificates, phytosanitary certificates National Forest, (530) 841–4468 or requirements for the information for reexport, or export certificates for electronically at [email protected]. collection activity are found in the Plant processed plant products. APHIS SUPPLEMENTARY INFORMATION: The Pest Act (PPA). The regulations in 7 provides export certification services to meeting is open to the public. Public CFR part 340 implement the provisions assure other countries that the plants comment opportunity will be provided of the PPA by providing the information and plant products they are receiving and individuals will have the necessary to establish conditions for from the United States are free of plant opportunity to address the Committee at proposed introductions of certain diseases and insect pests. that time. genetically engineered organisms and Need and Use of the Information: Dated: January 31, 2005. products which present a risk of plant APHIS will collect information for pest introduction. APHIS will collect applications submitted by operator/ Margaret J. Boland, information using several APHIS forms. owner of a non-government facility Designated Federal Official. Need and Use of the Information: seeking accreditation to conduct [FR Doc. 05–2274 Filed 2–4–05; 8:45 am] APHIS will collect the information laboratory testing or phytosanitary BILLING CODE 3410–11–M through a notification procedure or a inspection. The application should permit requirement to ensure that contain the legal name and full address certain genetically engineered of the facility, the name, address, DEPARTMENT OF AGRICULTURE organisms, when imported, moved telephone and fax numbers of the Forest Service interstate, or released into the facility’s operator, a description of the environment, will not present a risk of facility, and a description of the specific Notice of Settlement Pursuant to plant pest introduction. The information laboratory testing or phytosanitary CERCLA; Butte Highlands Mill Site, collected through the petition process is inspection services for which the Silver Bow County, MT used to determine whether a genetically facility is seeking accreditation. If the engineered organism will pose a risk to activities are not conducted properly, AGENCY: Forest Service, USDA. agriculture or the environment if grown APHIS export certification program ACTION: Notice of settlement. in the absence of regulations by APHIS. would be compromised, causing a SUMMARY: In accordance with section The information is also provided to disruption in plant and plant product 122(i) of the Comprehensive State departments of agriculture for exports that could prove financially Environmental Response, review, and made available to the public damaging to U.S. exporters. Compensation, and Liability Act, as and private sectors on the Internet to Description of Respondents: Business amended (CERCLA), 42 U.S.C. 9622(i), ensure that all sectors are kept informed or other for profit. Number of Respondents: 15. notice is hereby given of an concerning any potential risks posed administrative settlement for recovery of through the use of genetic engineering Frequency of Responses: Recordkeeping; Reporting: On occasion. past response costs with the Butte technology. Highlands Mining Company (the Description of Respondents: Business Total Burden Hours: 315. Settling Party) concerning the Butte or other for profit; Not-for-profit Ruth Brown, Highlands Mill Site, Silver Bow County, intstitutions; State, Local or Tribal Departmental Information Collection Montana (‘‘the Site’’). Under the Government. Clearance Officer. Number of Respondents: 97. settlement, the Settling Party has agreed [FR Doc. 05–2278 Filed 2–4–05; 8:45 am] Frequency of Responses: Reporting: to pay the Forest Service $100,000 to On occasion. BILLING CODE 3410–34–M reimburse it for a portion of the Total Burden Hours: 2,676. response costs incurred at the Site. Pursuant to section 122(h)(1) of Animal and Plant Health Inspection DEPARTMENT OF AGRICULTURE CERCLA, 42, U.S.C. 9622(h)(1), the Service USDA Forest Service Northern Region Forest Service Title: Export Certification, has agreed to forego the collection of Accreditation of Non-Government Siskiyou County Resource Advisory substantial remaining past response Facilities. Committee costs at the Site from the Settling Party OMB Control Number: 0579–0130. because of the company’s inability to Summary of Collection: The AGENCY: Forest Service, USDA. pay any additional amount. The Department of Agriculture is ACTION: Notice of meeting. settlement includes a covenant not to responsible for preventing plant sue the Settling Party pursuant to diseases or insect pests from entering SUMMARY: The Siskiyou County Sections 106 and 107(a) of CERCLA, 42 the United States, as well as the spread Resource Advisory Committee will meet U.S.C. 9606 and 9607(a), with regard to of pests not widely distributed in the in Yreka, California, February 21, 2005. the Site. United States, and eradicating those The meeting will include routine For thirty (30) days following the date imported when eradication is feasible. business, the review and of publication of this notice, the United The Plant Quarantine Act and the recommendation for implementation of States will receive written comments Federal Pest Act authorize the submitted project proposals, and relating to the settlement. The United Department to carry out this mission. presentations of large project concept States will consider all comments The regulations in 7 CFR part 353 allow papers. received and may modify or withdraw non-government facilities (such as DATES: The meeting will be held its consent to the settlement if commercial laboratories and private February 21, 2005, from 4 p.m. until 7 comments received disclose facts or inspection services) to be accredited by p.m. consideration which indicate that the
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settlement is inappropriate, improper, SUPPLEMENTARY INFORMATION: The Security (‘‘BIS’’), U.S. Department of or inadequate. The United States’ Advisory Committee on Agriculture Commerce, through its Office Export response to any comments received will Statistics, which consists of 25 members Enforcement (‘‘OEE’’), has requested be available for public inspection at the appointed from 7 categories covering a that I issue an Order temporarily Butte Ranger District, 1820 Meadowlark broad range of agricultural disciplines denying the export privileges under the Lane, Butt, Montana, 59701 and at the and interests, has scheduled a meeting EAR of Pakland PME Corporation offices of the USDA Forest Service on February 22–23, 2005. During this (‘‘Pakland’’), Unit 7 & 8, 2nd Floor, Northern Region, Federal Building, time the Advisory Committee will Mohammadi Plaza, Jinnah Avenue, Blue Missoula, Montana, 59807. discuss topics including Census of Area, F–6/4, Islamabad–44000, Pakistan, DATES: Comments must be submitted on Agriculture, NASS Special Activities, and Humayun Khan (‘‘Khan’’), Unit 7 & or before March 9, 2005. Publications, Accomplishments for 8, 2nd Floor, Mohammadi Plaza, Jinnah Avenue, Blue Area, F–6/4, Islamabad– FOR FURTHER INFORMATION CONTACT: 2004, Subcommittee reports, and 44000, Pakistan (hereinafter collectively Copies of the proposed settlement are Agriculture Finance. Dates and Locations: The Committee referred to as the ‘‘Respondents’’). available for public inspection at the meeting will be held 1 p.m.–4:30 p.m. In its request, BIS has presented Butte Ranger District, 1820 Meadowlark on Tuesday, February 22, and 8 a.m.– evidence that shows that Pakland and Lane, Butte, Montana, 59701 and at the 4:30 p.m. on Wednesday, February 23, Khan, the owner and operator of office of the USDA Forest Service with an opportunity for public Pakland, conspired with others, known Northern Region, Federal Building, questions and comments at 3:30 p.m. on and unknown, to cause items subject o Missoula, Montana, 59807. For February 23, the Marriott Crystal City at the EAR to be illegally exported to technical information or a copy of the Reagan National Airport, 1999 Jefferson Pakistan, that they caused and proposed settlement, contact Bob Davis Highway, Arlington, Virginia attempted to cause exports of items Wintergerst at the Northern Regional 22202. controlled for nuclear non-proliferation Office at 406–329–3036. For legal Type of Meeting: Open to the public. reasons to Pakistan with knowledge that information or a copy of the proposed Comments: The public may file violations of the EAR would occur, and settlement, contact Michael R. Hope written comments to the USDA that they took actions intended to evade with USDA’s Office of the General Advisory Committee contact person the EAR. Counsel, (303) 275–5545. Comments before or within a reasonable time after Specifically, the evidence shows that, should reference the Butte Highlands the meeting. All statements will become from July 2003 through January 2004, Mill Site, Silver Bow County, Montana, a part of the official records of the Respondents conspired to have triggered and should be addressed to Michael R. USDA Advisory Committee on spark gaps 2 and oscilloscopes 3 items Hope, USDA Office of the General Agriculture Statistics and will be kept included on the Commerce Control List Counsel, PO Box 25005, Denver, CO on file for public review in the office of and controlled for nuclear non- 80225–0005. the Executive Director, Advisory proliferation reasons, exported from the Dated: February 1, 2005. Committee on Agriculture Statistics, United States to Pakistan without the Kathleen McAllister, U.S. Department of Agriculture, required BIS export licenses. The Deputy Regional Forester. Washington, DC 20250. evidence also shows that Respondents developed and implemented a scheme [FR Doc. 05–2249 Filed 2–4–05; 8:45 am] Dated January 25, 2005, at Washington, DC. to avoid the requirements of the EAR by BILLING CODE 3410–11–M R. Ronald Bosecker, causing these items exported through Administrator, National Agricultural South Africa to Pakistan. More Statistics Service. DEPARTMENT OF AGRICULTURE specifically, pursuant to direction from [FR Doc. 05–2279 Filed 2–4–05; 8:45 am] Respondents, on or about August 1, National Agricultural Statistics Service BILLING CODE 3410–20–P 2003, a purchase order for 200 triggered spark gaps was submitted to a U.S. Notice of the Advisory Committee on Agriculture Statistics Meeting DEPARTMENT OF COMMERCE Act was in lapse. During that period, the President, through Executive Order 12924, which had been AGENCY: National Agricultural Statistics Bureau of Industry and Security extended by successive Presidential Notices, the Service, USDA. last of which was August 3, 2000 ((3 CFR, 2000 Action Affecting Export Privileges; Comp. 397 (2001)), continued the EAR in effect ACTION: Notice of meeting. under the International Emergency Economic Pakland PME Corporation and Powers Act (50 U.S.C. 1701–1707 (2000)) SUMMARY: In accordance with the Humayun Khan; Order Temporarily (‘‘IEEPA’’). On November 13, 2000, the Act was Federal Advisory Committee Act, 5 Denying Export Privileges reauthorized and it remained in effect through U.S.C. App. c10, the National August 20, 2001. Since August 21, 2001, the Act has In the Matter of: Pakland PME Corporation, been in lapse and the President, through Executive Agricultural Statistics Service (NASS) Unit 7 & 8, 2nd Floor, Mohammadi Plaza, Order 13222 of August 17, 2001 (3 CFR, 2001 Comp announces a meeting of the Advisory Jinnah Avenue, Blue Area, F–6/4, Islamabad– 783 (2002)), as extended by the Notice of August Committee on Agriculture Statistics. 44000, Pakistan, and, Humayun Khan, Unit 6, 2004, (69 Federal Register 48763 (August 10, 7 & 8, 2nd Floor, Mohammadi Plaza, Jinnah 2004)), continued the Regulations in effect under FOR FURTHER INFORMATION CONTACT: the IEEPA. Avenue, Blue Area, F–6/4, Islamabad–44000, Carol House, Executive Director, 2 Triggered spark gaps are electronic switches that Advisory Committee on Agriculture Pakistan, Respondents. deliver a very high voltage with a very short delay Statistics, U.S. Department of Pursuant to Section 766.24 of the once switched. Triggered spark gaps are used in medical lithotripters to disintegrate gallstones and Agriculture, National Agricultural Export Administration Regulations kidney stones and are also used as triggers for 1 Statistics Service, 1400 Independence (‘‘EAR’’), the Bureau of Industry and nuclear weapons. Avenue SW., Room 4117 South 3 Oscilloscopes are used for testing and assembly Building, Washington, DC 20250–2000. 1 The EAR, which are currently codified at 15 of electronic equipment, and can be used in the CFR Parts 730–774 (2004), are issued under the development of nuclear weapons. The oscilloscopes Telephone: (202) 720–4333, Fax: (202) Export Administration Act of 1979, as amended (50 in question are controlled under ECCN 3A292 and 720–9013, or e-mail: U.S.C. app. 2401–2420—) (2000) (the ‘‘Act’’). From require a license for export to Pakistan for nuclear [email protected]. August 21, 1994 through November 12, 2000, the non-proliferation reasons.
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manufacturer by a company in New indirectly, participate in any way in any maintenance, repair, modification or Jersey. The purchase order stated that transaction involving any commodity, testing. end-user of the triggered spark gaps was software or technology (hereinafter Third, that, after notice and a hospital in the South Africa. The collectively referred to as ‘‘item’’) opportunity for comment as provided in manufacturer of the triggered sparks exported or to be exported from the section 766.23 of the EAR, any other gaps confirmed that a standard or United States that is subject to the person, firm, corporation, or business normal size order of triggered spark gaps Export Administration Regulations organization related to any of the for a hospital would be five to six. On (‘‘EAR’’), or in any other activity subject Respondents by affiliation, ownership, or about September 29, 2003, the U.S. to the EAR, including, but not limited control, or position of responsibility in manufacturer made the first shipment to: the conduct of trade or related services under the purchase order to the New A. Applying for, obtaining, or using may also be made subject to the Jersey company. On or about October 3, any license, License Exception, or provisions of this Order. 2003, the New Jersey then shipped export control document; Fourth, that this Order does not approximately 66 triggered spark gaps B. Carrying on negotiations prohibit any export, reexport, or other from the United States to South Africa. concerning, or ordering, buying, transaction subject to the EAR where the On or about October 19, 2003, the receiving, using, selling, delivering, only items involved that are subject to triggered spark gaps were shipped from storing, disposing of, forwarding, the EAR are the foreign-produced direct South Africa to Pakistan (the intended transporting, financing, or otherwise product of U.S.-origin technology. destination of the triggered spark gaps) servicing in any way, any transaction In accordance with the provisions of without a BIS license by persons who involving any item exported or to be Section 766.24(e) of the EAR, the were conspirators with the exported from the United States that is Respondents may, at any time, appeal Respondents. subject to the EAR, or in any other this Order by filing a full written Additionally, in 2003, Respondents activity subject to the EAR; or statement in support of the appeal with were involved in at least two C. Benefitting in any way from any the Office of the Administrative Law unauthorized export of oscilloscopes transaction involving any item exported Judge, U.S. Coast Guard ALJ Docketing from the United States to Pakistan or to be exported from the United States Center, 40 South Gay Street, Baltimore, through South Africa, including one that is subject to the EAR, or in any Maryland 21202–4022. export to a Pakistani corporation on other activity subject to the EAR. In accordance with the provisions of BIS’s Entity List, the Al-Technique Second, that no person may, directly Section 766.24(d) of the EAR, BIS may Corporation of Pakistan, Ltd. or indirectly, do any of the following: seek renewal of this Order by filing a I find the evidence presented by BIS A. Export or reexport to or on behalf written request not later than 20 days demonstrates that the Respondents have before the expiration date. The conspired to violate the EAR, that such of the Denied Persons any item subject to the EAR; Respondents may oppose a request to violations have been deliberate and renew this Order by filing a written B. Take any action that facilitates the covert, and that there is a strong submission with the Assistant Secretary acquisition or attempted acquisition by likelihood of future violations, for Export Enforcement, which must be the Denied Persons of the ownership, particularly given the nature of the received not later than seven days possession, or control of any item transactions and the elaborate steps that before the expiration date of the Order. subject to the EAR that has been or will have been taken by Respondents to A copy of this Order shall be served be exported from the United States, avoid detection by the U.S. Government on the Respondents shall be published including financing or other support while knowing that their actions were in in the Federal Register. violation of the EAR. As such, a activities related to a transaction This Order is effective upon date of Temporary Denial Order (‘‘TDO’’) is whereby the Denied Persons acquires or publication in the Federal Register and needed to give notice to persons and attempts to acquire such ownership, shall remain in effect for 180 days. possession or control; companies in the United States and Entered this 31st day of January, 2005. abroad that they should cease dealing C. Take any action to acquire from or Wendy L. Wysong, with the Respondents in export to facilitate acquisition or attempted acquisition from the Denied Persons of Acting Assistant Secretary of Commerce for transactions involving items subject to Export Enforcement. the EAR. Such a TDO is consistent with any item subject to the EAR that has [FR Doc. 05–2240 Filed 2–4–05; 8:45 am] the public interest to preclude future been exported from the United States; violations of the EAR. D. Obtain from the Denied Persons BILLING CODE 3510–DT–M Accordingly, I find that a TDO order in the United States any item subject to the EAR with knowledge or naming Pakland and Khan as DEPARTMENT OF COMMERCE Respondents is necessary, in the public reason to know that the item will be, or interest, to prevent an imminent is intended to be, exported from the Bureau of Industry and Security violation of the EAR. This Order is United States; or issued on an ex parte basis without a E. Engage in any transaction to service Action Affecting Export Privileges; hearing based upon BIS’s showing of an any item subject to the EAR that has Wen Enterprises, Ning Wen, Hailin Lin, imminent violation. been or will be exported from the and Beijung Rich Linscience It is therefore ordered: United States and which is owned, Electronics Company; Order First, that the Respondents, Pakland possessed or controlled by the Denied Temporarily Denying Export Privileges PME Corporation, Unit 7 & 8, 2nd Floor, Persons, or service any item, of Mohammadi Plaza, Jinnah Avenue, Blue whatever origin, that is owned, In the Matters of: Wen Enterprises, 402 Area, F–6/4, Islamabad–44000, Pakistan, possessed or controlled by the Denied Wild Oak Drive, Manitowoc, WI 54220; and, and Humayun Khan, Unit 7 & 8, 2nd Persons if such service involves the use Ning Wen, 402 Wild Oak Drive, Manitowoc, WI 54220; and, Hailin Lin, 402 Wild Oak Floor, Mohammadi Plaza, Jinnah of any item subject to the EAR that has Drive, Manitowoc, WI 54220; and, Beijing Avenue, Blue Area, F–6/4, Islamabad– been or will be exported from the Rich Linscience Electronics Company, No. 2 44000, Pakistan (collectively the United States. For purposes of this Zhong Guan Cun South Avenue, Cyber Mode ‘‘Denied Persons’’), may not, directly or paragraph, servicing means installation, Room 1001, Haidian District, Beijing,
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People’s Republic of China 100086; violations of the EAR by participating in Second, that no person may, directly Respondents. the unlicensed export of national or indirectly, do any of the following: Pursuant to Section 766.24 of the security controlled items to the PRC. I A. Export or reexport to or on behalf Export Administration Regulations further find that such violations have of the Denied Person any item subject to (‘‘EAR’’),1 the Bureau of Industry and been significant, deliberate and covert, the EAR; Security (‘‘BIS’’), U.S. Department of and are likely to occur again, especially B. Take any action that facilitates the Commerce, through its Office of Export given the nature of the structure and acquisition or attempted acquisition by Enforcement (‘‘OEE’’), has requested relationships of the Respondents. As the Denied Person of the ownership, that I issue an Order temporarily such, a Temporary Denial Order possession, or control of any item denying export privileges of Wen (‘‘TDO’’) is needed to give notice to subject to the EAR that has been or will Enterprises (‘‘WE’’), 402 Wild Oak persons in the United States and abroad be exported from the United States, Drive, Manitowoc, WI 54220; Ning Wen that they should cease dealing with the including financing or other support (‘‘Wen’’), 402 Wild Oak Drive, Respondents in export transactions activities related to a transaction Manitowoc, WI 54220; Hailin Lin involving commodities, software or whereby the Denied Person acquires or (‘‘Lin’’), 402 Wild Oak Drive, technology that are subject to the EAR. attempts to acquire such ownership, Manitowoc, WI 54220; and Beijing Rich Such a TDO is consistent with the possession or control; Linscience Electronics Company public interest to preclude future C. Take any action to acquire from or (‘‘BRLE’’), No. 2 Zhong Guan Cun South violations of the EAR. to facilitate the acquisition or attempted Avenue, Cyber Mode Room 1001, Accordingly, I find that a TDO acquisition from the Denied Person of Haidian District, Beijing, China 100086 naming WE, Wen, Lin and BRLE as any item subject to the EAR that has (hereinafter collectively referred to as Respondents is necessary and in the been exported from the United States; the ‘‘Respondents’’). public interest, to prevent an imminent D. Obtain from the Denied Person in BIS has presented evidence that violation of the EAR. This Order is the United States any item subject to the shows that Respondents have conspired issued on an ex parte basis without a EAR with knowledge or reason to know together and with others, known and hearing based upon BIS’s showing of an that the item will be, or is intended to unknown, to illegally export items imminent violation. be, exported from the United States; or subject to the EAR, including national It is therefore ordered: E. Engage in any transaction to service security controlled electronic First, that the Respondents, Wen any item subject to the EAR that has components, to the People’s Republic of Enterprises, 402 Wild Oak Drive, been or will be exported from the China (‘‘PRC’’) without the Department Manitowoc, WI 54220; Ning Wen, 402 United States and which is owned, of Commerce necessary licenses. Wild Oak Drive, Manitowoc, WI 54220; possessed or controlled by the Denied Specifically, the evidence shows that Hailin Lin, 402 Wild Oak Drive, Person, or service any item, of whatever WE’s sole business is exporting Manitowoc, WI 54220; and Beijing Rich origin, that is owned, possessed or electronic components and Linscience Electronics Company, No. 2 controlled by the Denied Person is such semiconductor chips to BRLE in the Zhong Guan Cun South Avenue, Cyber service involves the use of any item PRC. WE has two employees: (1) Wen, Mode Room 1001, Haidian District, subject to the EAR that has been or will the owner of WE, and (2) Lin, Wen’s Beijing, China 100086, and their be exported from the United States. For wife who runs WE. WE does not sell successors and assigns and when or for purposes of this paragraph, servicing domestically and does not sell to any acting on behalf of any of the means installation, maintenance, repair, customer other than BRLE. The Respondents, their officers, agents or modification or testing. evidence shows that on more than 30 representatives, (‘‘Denied Persons’’) may Third, that, after notice and occasions during the period of June 7, not, directly or indirectly, participate in opportunity for comment as provided in 2002 through September 17, 2004, WE any way in any transaction involving section 766.23 of the EAR, any other exported national security controlled any commodity, software or technology person, firm, corporation, or business electronic components to BRLE in the (hereinafter collectively referred to as organization related to any of the PRC with knowledge that export ‘‘item’’) exported or to be exported from Respondents by affiliation, ownership, licenses were required for the items and the United States that is subject to the control, or position of responsibility in that those licenses were neither applied Export Administration Regulations the conduct of trade or related services for nor received. The evidence also (‘‘EAR’’), or in any other activity subject may also be made subject to the shows that BRLE caused such exports to to the EAR, including, but not limited provisions of this Order. happen with knowledge that a violation to: Fourth, that this Order does not of the EAR would subsequently occur. A. Applying for, obtaining, or using prohibit any export, reexport, or other BRLE is a distributor and not the end- any license, License Exception, or transaction subject to the EAR where the user of these electronic components. export control document; only items involved that are subject to I find the evidence presented by BIS B. Carrying on negotiations the EAR are the foreign-produced direct demonstrates that the Respondents concerning, or ordering, buying, product of U.S.-origin technology. conspired to do acts that violate the receiving, using, selling, delivering, In accordance with the provisions of EAR and did in fact commit numerous storing, disposing of, forwarding, Section 766.24(e) of the EAR, the transporting, financing, or otherwise Respondents may, at any time, appeal 1 The EAR, which are currently codified at 15 servicing in any way, any transaction this Order by filing a full written CFR Parts 730–774 (2004), are issued under the involving any item exported or to be statement in support of the appeal with Export Administration Act of 1979, as amended (50 exported from the United States that is the Office of the Administrative Law U.S.C. app. 2401–2420) (2000) (the ‘‘Act’’). The EAA was in effect from November 13, 2000 through subject to the EAR, or in any other Judge, U.S. Coast Guard ALJ Docketing August 20, 2001 but lapsed on August 21, 2001. activity subject to the EAR; or Center, 40 South Gay Street, Baltimore, However, the President, through Executive Order C. Benefiting in any way from any Maryland 21202–4022. 13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 transaction involving any item exported In accordance with the provisions of (2002)), as extended by the Notice of August 6, 2004 (69 FR 48763, August 10, 2004), has continued the or to be exported from the United States Section 766.24(d) of the Ear, BIS may EAR in effect under the International Emergency that is subject to the EAR, or in any seek renewal of this Order by filing a Economic Powers Act (50 U.S.C. 1701–1706 (2000)). other activity subject to the EAR. written request not later than 20 days
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before the expiration date. The materials to Committee members, the 5. Review of Missile Technology Respondents may oppose a request to Committee suggests that public Control Regime issues. renew this Order by filing a written presentation materials or comments be 6. Update on Commerce Control List submission with the Assistant Secretary forwarded before the meeting to Ms. Lee issues. for Export Enforcement, which must be Ann Carpenter at [email protected]. 7. Update on status of U.S. Munitions received not later than seven days The Assistant Secretary for List review. before the expiration date of the Order. Administration, with the concurrence of 8. Presentation of papers, proposals A copy of this Order shall be served the delegate of the General Counsel, and comments by the public. on the Respondents and shall be formally determined on January 31, The meeting will be open to the published in the Federal Register 2005, pursuant to Section 10(d) of the public and a limited number of seats This Order is effective immediately Federal Advisory Committee Act, as will be available. Reservations are not and shall remain in effect for 180 days. amended (5 U.S.C. app. 2 (10)(d)), that accepted. To the extent time permits, members of the public may present oral Entered this 31st day of January, 2005. the portion of the meeting concerning trade secrets and commercial or statements to the Committee. Written Wendy L. Wysong, statements may be submitted at any Acting Assistant Secretary of Commerce for financial information deemed privileged or confidential as described in 5 U.S.C. time before or after the meeting. Export Enforcement. However, to facilitate distribution of [FR Doc. 05–2239 Filed 2–4–05; 8:45 am] 552b(c)(4) and the portion of the meeting concerning matters the public presentation materials to BILLING CODE 3510–DT–M disclosure of which would be likely to Committee members, the Committee frustrate significantly implementation of suggests that you forward your public presentation materials to Lee Ann DEPARTMENT OF COMMERCE an agency action as described in 5 U.S.C. 552b(c)(9)(B) shall be exempt Carpenter at [email protected]. Bureau of Industry and Security from the provisions relating to public For more information, call Ms. meetings found in 5 U.S.C. app. 2 10(a)1 Carpenter on (202) 482–2583. Information Systems Technical and 10(a)(3). Dated: February 2, 2005. Advisory Committee; Notice of The remaining portions of the meeting Lee Ann Carpenter, Partially Closed Meeting will be open to the public. For more Committee Liaison Officer. The Information Systems Technical information, call Lee Ann Carpenter at [FR Doc. 05–2247 Filed 2–4–05; 8:45 am] Advisory Committee (ISTAC) will meet (202) 482–2583. BILLING CODE 3510–JT–M on February 23 and 24, 2005, 9 a.m., at Dated: February 2, 2005. the Space and Naval Warfare Systems Lee Ann Carpenter, Center (SPAWAR), Building 33, Cloud Committee Liaison Officer. DEPARTMENT OF COMMERCE Room, 53560 Hull Street, San Diego, [FR Doc. 05–2246 Filed 2–4–05; 8:45 am] International Trade Administration California, 92152. The Committee BILLING CODE 3510–JT–M advises the Office of the Assistant [A–570–863] Secretary for Export Administration on technical questions that affect the level DEPARTMENT OF COMMERCE Honey from the People’s Republic of of export controls applicable to China: Initiation of New Shipper information systems equipment and Bureau of Industry and Security Antidumping Duty Review Transportation and Related Equipment technology. AGENCY: Import Administration, February 23: Technical Advisory Committee; Notice International Trade Administration, Public Session of Open Meeting Department of Commerce. 1. Opening remarks and EFFECTIVE DATE: February 7, 2005. SUMMARY: introductions. The Transportation and Related In December 2004, the 2. Comments or presentations by the Equipment Technical Advisory Department of Commerce (‘‘the public. Committee will meet on March 17, Department’’) received a request to 3. Presentation on Excimer Lasers and 2005, 9:30 a.m., in the Herbert C. conduct a new shipper review of the EUV. Hoover Building, Room 3884, 14th antidumping duty order on honey from 4. Presentation on Microwave Street Between Pennsylvania & the People’s Republic of China (‘‘PRC’’). Semiconductor Technology. Constitution Avenues, NW., We have determined that this request 5. Overview of the STI Cell processor. Washington, DC. The Committee meets the statutory and regulatory February 23–24: advises the Office of the Assistant requirements for the initiation of a new Secretary for Export Administration shipper review. Closed Session with respect to technical questions that FOR FURTHER INFORMATION CONTACT: 6. Discussion of matters determined to affect the level of export controls Anya Naschak at (202) 482–6375 or be exempt from the provisions relating applicable to transportation and related Kristina Boughton at (202) 482–8173; to public meetings found in 5 U.S.C. equipment or technology. AD/CVD Operations, Office 9, Import app. 2 §§ 10(a)(1) and 10(a). Agenda Administration, International Trade A limited number of seats will be Administration, U.S. Department of available for the public session. 1. Opening remarks and Commerce, 14th Street and Constitution Reservations are not accepted. To the introductions. Avenue, NW, Washington, DC 20230. extent time permits, members of the 2. Update on country-specific SUPPLEMENTARY INFORMATION: public may present oral statements to policies. the Committee. The public may submit 3. Update on regulations and Background written statements at any time before or procedures. The Department received a timely after the meeting. However, to facilitate 4. Review of Wassenaar Arrangement request from Kunshan Xin’an Trade Co., distribution of public presentation and Technical Working Group issues. Ltd. (‘‘Xinan’’) in accordance with 19
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CFR 351.214 (c), for a new shipper antidumping duty rate separate from the Administration, U.S. Department of review of the antidumping duty order country–wide rate provide evidence of Commerce, 14th Street and Constitution on honey from the PRC, which has a de jure and de facto absence of Avenue, N.W., Washington, D.C. 20230; December annual anniversary month. government control over the company’s telephone: (202) 482–0588 or (202) 482– Xinan identified itself as the producer export activities. Accordingly, we will 1655, respectively. and exporter of honey. As required by issue a questionnaire to Xinan, 19 CFR 351.214(b)(2)(i), and (iii)(A), including a separate rates section. The SUPPLEMENTARY INFORMATION: Xinan certified that it did not export review will proceed if the responses Background honey to the United States during the provide sufficient indication that Xinan period of investigation (‘‘POI’’), and that is not subject to either de jure or de On September 1, 2004, the it has never been affiliated with any facto government control with respect to Department of Commerce (Department) exporter or producer which exported their exports of honey. However, if published in the Federal Register (69 honey to the United States during the Xinan does not demonstrate its FR 53407) a notice of ‘‘Opportunity To POI. Furthermore, Xinan has also eligibility for a separate rate, then it will Request Administrative Review’’ of the certified that its export activities are not be deemed not separate from other antidumping duty order on stainless controlled by the central government of companies that exported during the POI steel wire rod from Sweden for the the PRC, satisfying the requirements of and the new shipper review will be period September 1, 2003, through 19 CFR 351.214(b)(2)(iii)(B). Pursuant to rescinded. August 31, 2004. On September 30, the Department’s regulations at 19 CFR In accordance with section 2004, the petitioner1 requested an 351.214(b)(2)(iv), Xinan submitted 751(a)(2)(B)(iii) of the Act and 19 CFR administrative review of the documentation establishing the date on 351.214(e), we will instruct CBP to antidumping duty order for the which the subject merchandise was first allow, at the option of the importer, the following company: Fagersta Stainless entered for consumption in the United posting, until the completion of the States, the volume of that first shipment review, of a single entry bond or AB (Fagersta). On October 22, 2004, the and any subsequent shipments, and the security in lieu of a cash deposit for Department published a notice of date of the first sale to an unaffiliated certain entries of the merchandise initiation of an administrative review of customer in the United States. exported by Xinan. Specifically, since the antidumping duty order on stainless The Department conducted Customs Xinan has stated that it is both the steel wire rod from Sweden with respect database queries to confirm that Xinan’s producer and exporter of the subject to this company. See Initiation of shipment had officially entered the merchandise for the sale under review, Antidumping and Countervailing Duty United States via assignment of an entry we will instruct CBP to limit the Administrative Reviews, 69 FR 62022. date in the Customs database by U.S. bonding option only to entries of On January 12, 2005, the petitioner Customs and Border Protection (‘‘CBP’’). merchandise that were both exported timely withdrew its request for review In addition, the Department confirmed and produced by Xinan. Interested with respect to Fagersta. the existence of Xinan and its U.S. parties that need access to proprietary Rescission of Review affiliate, Xin’an USA, Inc., which also information in this new shipper review served as the importer of record. should submit applications for Section 351.213(d)(1) of the Initiation of Review disclosure under administrative Department’s regulations stipulates that In accordance with section protective orders in accordance with 19 the Secretary will rescind an 751(a)(2)(B) of the Tariff Act of 1930 CFR 351.305 and 351.306. administrative review, in whole or in This initiation and notice are in (‘‘the Act’’), as amended, and 19 CFR part, if a party that requested a review accordance with section 751(a) of the 351.214(d)(1), and based on information withdraws the request within 90 days of Act (19 U.S.C. 1675(a)) and 19 CFR on the record, we are initiating a new 351.214(d). the date of publication of notice of shipper review for Xinan. See initiation of the requested review. In Memorandum to the File through James Dated: January 31, 2005. this case, the petitioner withdrew its C. Doyle, ‘‘New Shipper Review Barbara E. Tillman, request for review of Fagersta within the Initiation Checklist,’’ dated January 31, Acting Deputy Assistant Secretary for Import 90-day period. Therefore, because the 2005. We intend to issue the Administration. petitioner was the only party to request preliminary results of this review not [FR Doc. E5–480 Filed 2–4–05; 8:45 am] the administrative review of this later than 180 days after the date on BILLING CODE 3510–DS–S company, we are rescinding this review which this review was initiated, and the of the antidumping duty order on final results of this review within 90 stainless steel wire rod from Sweden. days after the date on which the DEPARTMENT OF COMMERCE preliminary results were issued. This notice is published in Pursuant to 19 CFR 351.214(g)(1)(i)(A) International Trade Administration accordance with section 751 of the of the Department’s regulations, the [A–401–806] Tariff Act of 1930, as amended, and 19 period of review (‘‘POR’’) for a new CFR 351.213(d)(4). shipper review, initiated in the month Stainless Steel Wire Rod from Sweden: Dated: February 1, 2005. immediately following the anniversary Notice of Rescission of Antidumping Barbara E. Tillman, month, will be the 12–month period Duty Administrative Review immediately preceding the anniversary Acting Assistant Secretary for Import month. Therefore, the POR for the new AGENCY: Import Administration, Administration. shipper review of Xinan is December 1, International Trade Administration, [FR Doc. E5–479 Filed 2–4–05; 8:45 am] 2003 through November 30, 2004. Department of Commerce. BILLING CODE 3510–DS–S It is the Department’s usual practice EFFECTIVE DATE: February 7, 2005. in cases involving non–market FOR FURTHER INFORMATION CONTACT: economies to require that a company Sophie Castro or P. Lee Smith, Import 1 The petitioner is Carpenter Technology seeking to establish eligibility for an Administration, International Trade Corporation.
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DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE The required information is used to evaluate the impacts of the proposed International Trade Administration National Oceanic and Atmospheric activity on endangered species, to make Administration the determinations required by the ESA Application for Duty-Free Entry of [I.D. 020105F] prior to issuing a permit, and to Scientific Instruments establish appropriate permit conditions. Proposed Information Collection; When a species is listed as threatened, Pursuant to Section 6(c) of the Comment Request; Permits for section 4(d) of the ESA requires the Educational, Scientific and Cultural Incidental Taking of Endangered or Secretary to issue whatever regulations Materials Importation Act of 1966 (Pub. Threatened Species are deemed necessary or advisable to L. 89–651; 80 Stat. 897; 15 CFR part provide for conservation of the species. 301), we invite comments on the AGENCY: National Oceanic and In many cases those regulations reflect question of whether instruments of Atmospheric Administration (NOAA). blanket application of the section 9 take equivalent scientific value, for the ACTION: Notice. prohibition. However, NMFS recognizes purposes for which the instruments certain exceptions to that prohibition, SUMMARY: The Department of shown below are intended to be used, including habitat restoration actions Commerce, as part of its continuing taken in accord with approved state are being manufactured in the United effort to reduce paperwork and States. watershed action plans. While respondent burden, invites the general watershed plans are prepared for other Comments must comply with 15 CFR public and other Federal agencies to purposes in coordination with or 301.5(a)(3) and (4) of the regulations and take this opportunity to comment on fulfillment of various state programs, a be filed within 20 days with the proposed and/or continuing information watershed group wishing to take Statutory Import Programs Staff, U.S. collections, as required by the advantage of the exception for Department of Commerce, Washington, Paperwork Reduction Act of 1995. restoration activities (rather than DC 20230. Applications may be DATES: Written comments must be obtaining a section 10 permit) would examined between 8:30 A.M. and 5 P.M. submitted on or before April 8, 2005. have to submit the plan for NMFS in Suite 4100W, U.S. Department of ADDRESSES: Direct all written comments review. Commerce, Franklin Court Building, to Diana Hynek, Departmental II. Method of Collection 1099 14th Street, NW., Washington, DC. Paperwork Clearance Officer, Docket Number: 05–002. Department of Commerce, Room 6625, Currently, most information is 14th and Constitution Avenue, NW, collected on paper, but in some Applicant: Cornell University, 123 Washington, DC 20230 (or via the instances, there is electronic access and Day Hall, Ithaca, NY 14853. Internet at [email protected]). capability. Instrument: KB Mirror System. FOR FURTHER INFORMATION CONTACT: III. Data Requests for additional information or Manufacturer: Kohzu Precision Co., OMB Number: 0648–0230. Ltd., Japan. copies of the information collection Form Number: None. Intended Use: The instrument is instrument(s) and instructions should Type of Review: Regular submission. be directed to Susan Pultz, F/PR3Room intended to be used by a group of Affected Public: Individuals or 13661, 1315 East-West Highway, Silver universities to study the molecular households; business or other for-profit Spring MD 20910–3282 (phone 301– organizations; not-for-profit institutions; structure of macro-molecules of 713–1401, ext. 116). importance in the life sciences and state, local, or tribal government. SUPPLEMENTARY INFORMATION: including proteins, viruses, enzymes Estimated Number of Respondents: and other related entities by the I. Abstract 11. scattering of monoenergetic x-rays from Estimated Time Per Response: 80 The Endangered Species Act of 1973 hours for a permit application single crystals of these materials (ESA; 16 U.S.C. 1531 et seq.) imposed (including Habitat Conservation Plans); utilizing the intense beams of x-rays prohibitions against the taking of 30 minutes for an application for a provided by the Advanced Photon endangered species. In 1982, Congress Certificate of Inclusion; 8 hours for a Source at Argonne National Laboratory revised the ESA to allow permits permit report; and 10 hours for a to determine the molecular structure of authorizing the taking of endangered watershed plan. these entities. The mirror system is species incidental to otherwise lawful Estimated Total Annual Burden needed to focus the intense x-ray beam activities. The corresponding Hours: 880. onto sub-millimeter sized crystals. regulations (50 CFR part 222.222) Estimated Total Annual Cost to Application accepted by established procedures for persons to Public: $15,840. apply for such a permit. In addition, the Commissioner of Customs: January 24, IV. Request for Comments 2005. regulations set forth specific reporting requirements for such permit holders. Comments are invited on: (a) Whether Gerald A. Zerdy, The regulations contain three sets of the proposed collection of information Program Manager, Statutory Import Programs information collections: (l) applications is necessary for the proper performance Staff. for incidental take permits, (2) of the functions of the agency, including [FR Doc. E5–478 Filed 2–4–05; 8:45 am] applications for certificates of inclusion, whether the information shall have BILLING CODE 3510–DS–P and (3) reporting requirements for practical utility; (b) the accuracy of the permits issued. Certificates of inclusion agency’s estimate of the burden are only required if a general permit is (including hours and cost) of the issued to a representative of a group of proposed collection of information; (c) potential permit applicants, rather than ways to enhance the quality, utility, and requiring each entity to apply for and clarity of the information to be receive a permit. collected; and (d) ways to minimize the
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burden of the collection of information operations, and individual fishing DEPARTMENT OF COMMERCE on respondents, including through the quotas (IFQ). The application use of automated collection techniques information is required to determine National Oceanic and Atmospheric or other forms of information eligibility pursuant to 50 CFR Part 253, Administration technology. and to determine the type and amount Comments submitted in response to of assistance requested by the applicant. [I.D. 020105J] this notice will be summarized and/or An annual financial statement is included in the request for OMB required to collect information Proposed Information Collection; approval of this information collection; necessary to monitor the financial status Comment Request; Coastal Impact Assistance Program: Project Review they also will become a matter of public of the loan. record. Checklist Dated: January 27, 2005. II. Method of Collection AGENCY: National Oceanic and Gwellnar Banks, Forms submitted in paper format. Atmospheric Administration (NOAA). Management Analyst, Office of the Chief Information Officer. III. Data ACTION: Notice. [FR Doc. 05–2283 Filed 2–4–05; 8:45 am] OMB Number: 0648–0012. SUMMARY: The Department of BILLING CODE 3510–22–S Form Number: NOAA Form 88-1. Commerce, as part of its continuing effort to reduce paperwork and Type of Review: Regular submission. respondent burden, invites the general DEPARTMENT OF COMMERCE Affected Public: Business or other for- public and other Federal agencies to National Oceanic and Atmospheric profit organizations. take this opportunity to comment on Administration Estimated Number of Respondents: proposed and/or continuing information collections, as required by the 1,250. [I.D. 020105I] Paperwork Reduction Act of 1995. Estimated Time Per Response: 8 hours DATES: Written comments must be Proposed Information Collection; for a traditional FFP application; 4 submitted on or before April 8, 2005. Comment Request; Fisheries Finance hours for an IFQ loan application; and Program Requirements 8 hours for an annual financial ADDRESSES: Direct all written comments to Diana Hynek, Departmental AGENCY: National Oceanic and statement. Atmospheric Administration (NOAA). Paperwork Clearance Officer, Estimated Total Annual Burden Department of Commerce, Room 6625, ACTION: Notice. Hours: 10,000. 14th and Constitution Avenue, NW, SUMMARY: The Department of Estimated Total Annual Cost to Washington, DC 20230 (or via the Commerce, as part of its continuing Public: $5,375. Internet at [email protected]). effort to reduce paperwork and IV. Request for Comments FOR FURTHER INFORMATION CONTACT: respondent burden, invites the general Requests for additional information or public and other Federal agencies to Comments are invited on: (a) Whether copies of the information collection take this opportunity to comment on the proposed collection of information instrument and instructions should be proposed and/or continuing information is necessary for the proper performance directed to John R. King, N/ORM3, collections, as required by the of the functions of the agency, including Room 11357, 1305 East-West Highway, Paperwork Reduction Act of 1995. whether the information shall have Silver Spring, MD 20910–3282 (phone DATES: Written comments must be practical utility; (b) the accuracy of the 301–713–3155, ext. 188). submitted on or before April 8, 2005. agency’s estimate of the burden SUPPLEMENTARY INFORMATION: ADDRESSES: Direct all written comments (including hours and cost) of the I. Abstract to Diana Hynek, Departmental proposed collection of information; (c) Paperwork Clearance Officer, ways to enhance the quality, utility, and The Coastal Impact Assistance Department of Commerce, Room 6625, clarity of the information to be Program (CIAP) recognizes that impacts 14th and Constitution Avenue, NW, collected; and (d) ways to minimize the from Outer Continental Shelf oil and gas Washington, DC 20230 (or via the burden of the collection of information activities fall disproportionately on Internet at [email protected]). on respondents, including through the coastal states and localities nearest to FOR FURTHER INFORMATION CONTACT: use of automated collection techniques where the activities occur. The program Requests for additional information or or other forms of information provides funds to seven states and 147 copies of the information collection technology. local governments to conduct a variety instrument and instructions should be of related projects, including directed to Charles L. Cooper, Financial Comments submitted in response to construction and land acquisition. Services Division, Office of Management this notice will be summarized and/or NOAA must review the projects in and Budget, 1315 East-West Highway, included in the request for OMB accordance with the CIAP legislation Silver Spring, MD 20910 (phone 301– approval of this information collection; before disbursing funds. To expedite 713–2396). they also will become a matter of public review, NOAA developed the CIAP SUPPLEMENTARY INFORMATION: record. Project Checklist for the construction Dated: January 27, 2005. and land acquisition projects. The I. Abstract Gwellnar Banks, Checklist, whose use is voluntary, NOAA operates a direct loan program, requests applicants to provide project Management Analyst, Office of the Chief Fisheries Finance Program (FFP), to information to allow NOAA to Information Officer. assist in financing certain actions determine their eligibility under the relating to commercial fishing vessels, [FR Doc. 05–2284 Filed 2–4–05; 8:45 am] CIAP as well as eligibility under other shoreside fishery facilities, aquaculture BILLING CODE 3510–22–S relevant statutes (NEPA, etc.).
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II. Method of Collection respondent burden, invites the general Current regulations state requirements Forms submitted in paper or public and other Federal agencies to for approval of drawings and electronic format. take this opportunity to comment on specifications prior to approval of proposed and/or continuing information facilities [Sec. 260.96 (b) and (c)]. There III. Data collections, as required by the are no respondents under this section. OMB Number: 0648–0440. Paperwork Reduction Act of 1995. The Program will amend this part of the Form Number: None. DATES: Written comments must be regulations in a future action. Type of Review: Regular submission. submitted on or before April 8, 2005. In July 1992, NMFS announced new Affected Public: State, local, or tribal ADDRESSES: Direct all written comments inspection services, which were fully government. to Diana Hynek, Departmental based on guidelines recommended by Estimated Number of Respondents: Paperwork Clearance Officer, the National Academy of Sciences, 35. Department of Commerce, Room 6625, known as Hazard Analysis Critical Estimated Time Per Response: 5 14th and Constitution Avenue, NW, Control Point (HACCP). The information hours. Washington, DC 20230 (or via the collection requirements fall under Sec. Estimated Total Annual Burden Internet at [email protected]). 260.15 of the regulations. These Hours: 175. FOR FURTHER INFORMATION CONTACT: guidelines required that a facility’s Estimated Total Annual Cost to Requests for additional information or quality control system have a written Public: $175. copies of the information collection plan of the operation, identification of control points with acceptance criteria IV. Request for Comments instrument and instructions should be directed to Rita Creitz, F/SI, Room and a corrective action plan, as well as Comments are invited on: (a) Whether 10840, 1315 East-West Highway, Silver identified personnel responsible for the proposed collection of information Spring, MD 20910–3282 (phone 301– oversight of the system. The HACCP is necessary for the proper performance 713–2355, ext. 218). requires continuing monitoring and recordkeeping by the facility’s of the functions of the agency, including SUPPLEMENTARY INFORMATION: whether the information shall have personnel. practical utility; (b) the accuracy of the I. Abstract Although HACCP involves substantial agency’s estimate of the burden The National Marine Fisheries Service self-monitoring by the industry, the (including hours and cost) of the (NMFS) operates a voluntary fee-for- HACCP-based program is not a self- proposed collection of information; (c) service seafood inspection program certification program. It relies on ways to enhance the quality, utility, and (Program) under the authorities of the unannounced system audits by NMFS. clarity of the information to be Agricultural Marketing Act of 1946, as The frequency of audits is determined collected; and (d) ways to minimize the amended, the Fish and Wildlife Act of by the ability of the firm to monitor its burden of the collection of information 1956, and the Reorganization Plan No. operation. By means of these audits, on respondents, including through the 4 of 1970. NMFS reviews the records produced use of automated collection techniques The regulations for the Program are through the Program participant’s self- or other forms of information contained in 50 CFR Part 260. The monitoring. The audits determine technology. Program offers inspection grading and whether the participant’s HACCP-based Comments submitted in response to certification services, including the use system is in compliance by checking for this notice will be summarized and/or of official quality grade marks which overall sanitation, accordance with good included in the request for OMB indicate that specific products have manufacturing practices, labeling, and approval of this information collection; been Federally inspected. Qualified other requirements. In addition, in- they also will become a matter of public participants are permitted to use the process reviews, end-product sampling, record. Program’s official quality grade marks and laboratory analyses are performed Dated: January 27, 2005. on their products to facilitate trade of by NMFS at frequencies based on the potential consumer risk associated with Gwellnar Banks, fishery products. The participants in the inspection the product and/or the firm’s history of Management Analyst, Office of the Chief compliance with the Program’s criteria. Information Officer. program are requested to submit specific information pertaining to the type of The information collected is used to [FR Doc. 05–2285 Filed 2–4–05; 8:45 am] inspection services requested [Sec. determine a participant’s compliance BILLING CODE 3510–08–S 260.15]. In all cases, applicants provide with the program. The reported information regarding the type of information, a HACCP plan, is needed DEPARTMENT OF COMMERCE products to be inspected, the quantity, only once. Other information is and location of the product. There are collected and kept by the participant as National Oceanic and Atmospheric also application requirements if there is part of its routine monitoring activities. Administration an appeal of previous inspection results NMFS audits the participant’s records [Sec. 260.36]. Participants requesting on unannounced frequencies to further [I.D. 020105K] regular inspection services on a determine compliance. contractual basis also submit a contract Proposed Information Collection; II. Method of Collection Comment Request; Seafood Inspection [Sec. 260.96]. The participants Information will be obtained via and Certification Requirements interested in using official grade marks are required to submit product labels telephone, fax, hard-copy submission, AGENCY: National Oceanic and and specifications for review and or audit conducted by NMFS personnel. Atmospheric Administration (NOAA). approval to ensure compliance with III. Data ACTION: Notice. mandatory labeling regulations established by the U.S. Food and Drug OMB Number: 0648–0266. SUMMARY: The Department of Administration as well as proper use of Form Number: NOAA Forms 89-800, Commerce, as part of its continuing the Program’s marks [Sec. 260.97 (12) 89-814, and 89-819. effort to reduce paperwork and and (13)]. Type of Review: Regular submission.
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Affected Public: Business or other for- OMB Approval Number: None. effort to reduce paperwork and profit organizations. Type of Request: Regular submission. respondent burden, invites the general Estimated Number of Respondents: Burden Hours: 143. public and other Federal agencies to 7,082. Number of Respondents: 330. take this opportunity to comment on Estimated Time Per Response: 5 Average Hours Per Response: 30 proposed and/or continuing information minutes for an application of inspection minutes for mail survey; 6 minutes for collections, as required by the services; 5 minutes for an application phone follow-up. Paperwork Reduction Act of 1995. Needs and Uses: The objective of the for an appeal; 5 minutes for submitting DATES: Written comments must be pretest is to test a survey instrument a contract; 30 minutes to submit a label submitted on or before April 8, 2005. that will be used to collect data for and specification; 105 hours for a ADDRESSES: Direct all written comments Hazard Analysis Critical Control Point measuring the preferences, and economic values, that U.S. residents to Diana Hynek, Departmental (HACCP) plan; and 80 hours for HACCP Paperwork Clearance Officer, monitoring and recordkeeping. have for protecting Steller sea lions, a listed species under the Endangered Department of Commerce, Room 6625, Estimated Total Annual Burden 14th and Constitution Avenue, NW, Hours: 13,065. Species Act. These preferences are currently not known, but are needed to Washington, DC 20230 (or via the Estimated Total Annual Cost to Internet at [email protected]). Public: $3,579. improve Steller sea lion management decisions. The pretest consists of FOR FURTHER INFORMATION CONTACT: IV. Request for Comments conducting a small-scale mail survey of Requests for additional information or Comments are invited on: (a) whether U.S. households that will collect copies of the information collection the proposed collection of information information needed to evaluate the instrument and instructions should be is necessary for the proper performance survey instrument and implementation. directed to: Donna McCaskill, NOAA of the functions of the agency, including Affected Public: Individuals or Coastal Services Center, 2234 South whether the information shall have households. Hobson Avenue, Charleston, SC 29405 practical utility; (b) the accuracy of the Frequency: One time. (or via the Internet at agency’s estimate of the burden Respondent’s Obligation: Voluntary. [email protected]). OMB Desk Officer: David Rostker, (including hours and cost) of the SUPPLEMENTARY INFORMATION: proposed collection of information; (c) (202) 395–3897. Copies of the above information I. Abstract ways to enhance the quality, utility, and collection proposal can be obtained by clarity of the information to be The Coastal Services Center (Center) calling or writing Diana Hynek, collected; and (d) ways to minimize the produces two publications for coastal Departmental Paperwork Clearance burden of the collection of information resource managers, the bi-monthly Officer, (202) 482–0266, Department of on respondents, including through the Coastal Services magazine and the bi- Commerce, Room 6625, 14th and use of automated collection techniques monthly Coastal Connections Constitution Avenue, NW, Washington, or other forms of information newsletter. This research will be used DC 20230 (or via the Internet at technology. by the NOAA Coastal Services Center to [email protected]). Comments submitted in response to obtain information from our subscribers Written comments and to evaluate customer satisfaction, this notice will be summarized and/or recommendations for the proposed included in the request for OMB learning, and application regarding the information collection should be sent two publications. approval of this information collection; within 30 days of publication of this they also will become a matter of public notice to David Rostker, OMB Desk II. Method of Collection record. Officer, FAX number (202) 395–7285, or A paper survey to subscribers. Dated: January 28, 2005. [email protected]. III. Data Gwellnar Banks, Dated: January 28, 2005. Management Analyst, Office of the Chief Gwellnar Banks, OMB Number: None. Information Officer. Management Analyst, Office of the Chief Form Number: None. [FR Doc. 05–2286 Filed 2–4–05; 8:45am] Information Officer. Type of Review: Regular submission. BILLING CODE 3510–22–S Affected Public: Publication [FR Doc. 05–2287 Filed 2–4–05; 8:45 am] subscribers including Federal BILLING CODE 3510–22–S government; State, Local, or Tribal DEPARTMENT OF COMMERCE government staff (e.g., natural resource [I.D. 020105L] DEPARTMENT OF COMMERCE management agencies); not-for-profit institutions; academia. Submission for OMB Review; National Oceanic and Atmospheric Estimated Number of Respondents: Comment Request Administration 900. Estimated Time Per Response: 20 The Department of Commerce has [I.D. 020105M] minutes. submitted to the Office of Management Estimated Total Annual Burden and Budget (OMB) for clearance the Proposed Information Collection; Comment Request; Evaluation of the Hours: 300 minutes. following proposal for collection of Estimated Total Annual Cost to Coastal Services Magazine and the information under the provisions of the Public: $0. Paperwork Reduction Act (44 U.S.C. Coastal Connections Newsletter IV. Request for Comments Chapter 35). AGENCY: National Oceanic and Agency: National Oceanic and Atmospheric Administration (NOAA). Comments are invited on: (a) Whether Atmospheric Administration (NOAA). ACTION: Notice. the proposed collection of information Title: Steller Sea Lion Protection is necessary for the proper performance Pretest Economic Survey. SUMMARY: The Department of of the functions of the agency, including Form Number(s): None. Commerce, as part of its continuing whether the information shall have
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practical utility; (b) the accuracy of the Silver Spring, MD 20910 (phone 301– Type of Review: Regular submission. agency’s estimate of the burden 713–2347). Affected Public: Business or other for- (including hours and cost) of the SUPPLEMENTARY INFORMATION: profit organizations (vessel owners). proposed collection of information; (c) Estimated Number of Respondents: ways to enhance the quality, utility, and I.Abstract 471. clarity of the information to be Under current regulations NMFS may Estimated Time Per Response: 2 collected; and (d) ways to minimize the select for observer coverage any fishing minutes. burden of the collection of information trip by a vessel that has a permit for Estimated Total Annual Burden on respondents, including through the Atlantic Highly Migratory Species Hours: 513. use of automated collection techniques (HMS). NMFS notifies vessel owners, in Estimated Total Annual Cost to or other forms of information writing, when their vessels have been Public: $7,780. technology. selected. The owners of those vessels IV. Request for Comments Comments submitted in response to are then required to notify NMFS before this notice will be summarized and/or commencing any fishing trip for Comments are invited on: (a) Whether included in the request for OMB Atlantic HMS. This notification allows the proposed collection of information approval of this information collection; NMFS to arrange for observer is necessary for the proper performance they also will become a matter of public placements and assignments. The of the functions of the agency, including record. notification may be made by phone, fax, whether the information shall have or in writing prior to each trip for which Dated: January 28, 2005. practical utility; (b) the accuracy of the a vessel is selected. A form is provided agency’s estimate of the burden Gwellnar Banks, by NMFS for written responses. It is (including hours and cost) of the Management Analyst, Office of the Chief estimated that it would require proposed collection of information; (c) Information Officer. approximately two minutes to provide ways to enhance the quality, utility, and [FR Doc. 05–2288 Filed 2–4–05; 8:45 am] the response. The estimated number of clarity of the information to be BILLING CODE 3510–JE–S responses exceeds the number of collected; and (d) ways to minimize the respondents due to multiple trips taken burden of the collection of information within a particular season. on respondents, including through the DEPARTMENT OF COMMERCE The vessels are selected randomly use of automated collection techniques from a list of active vessels that have National Oceanic and Atmospheric or other forms of information reported landings of targeted species Administration technology. during the previous year. Observers are Comments submitted in response to placed aboard vessels to collect, among [I.D. 020105N] this notice will be summarized and/or other things, information on species included in the request for OMB Proposed Information Collection; caught, catch disposition, gear, effort, approval of this information collection; Comment Request; Atlantic Highly and bycatch. The information is used in they also will become a matter of public Migratory Species Observer stock assessments, to estimate rates of record. bycatch of non-targeted and protected Notification Requirements Dated: January 28, 2005. species such as sea turtles, and to AGENCY: National Oceanic and improve overall management of the Gwellnar Banks, Atmospheric Administration (NOAA). fishery. A Biological Opinion (BiOp) Management Analyst, Office of the Chief Information Officer. ACTION: Notice. issued on June 1, 2004, under the Endangered Species Act, requires a [FR Doc. 05–2289 Filed 2–4–05; 8:45 am] SUMMARY: The Department of minimum of eight percent observer BILLING CODE 3510–22–S Commerce, as part of its continuing coverage in the pelagic longline fishery. effort to reduce paperwork and The shark bottom longline observer respondent burden, invites the general program has set a target of five percent DEPARTMENT OF COMMERCE public and other Federal agencies to observer coverage in the shark bottom National Oceanic and Atmospheric take this opportunity to comment on longline fishery. A BiOp issued in Administration proposed and/or continuing information October 2003, requires NMFS to collection, as required by the Paperwork maintain or increase this level of [I.D. 020205A] Reduction Act of 1995. observer coverage. Observer coverage for DATES: Written comments must be the shark gillnet fishery fluctuates from Proposed Information Collection; submitted on or before April 8, 2005. approximately 50 percent to 100 Comment Request; Deep Seabed ADDRESSES: Direct all written comments percent, depending on the time of year. Mining Regulations for Exploration to Diana Hynek, Departmental Vessels operating in other HMS fisheries Licenses are not observed currently but are Paperwork Clearance Officer, AGENCY: subject to observer coverage under the National Oceanic and Department of Commerce, Room 6625, Atmospheric Administration (NOAA). 14th and Constitution Avenue, NW, regulations. Burden estimates include a ACTION: Notice. Washington, DC 20230 (or via the ten percent adjustment upward from current levels to account for future Internet at [email protected]). SUMMARY: The Department of expansion of other fisheries. FOR FURTHER INFORMATION CONTACT: Commerce, as part of its continuing Requests for additional information or II. Method of Collection effort to reduce paperwork and copies of the information collection Notification can be made by phone, respondent burden, invites the general instrument(s) and instructions should fax, or letter. public and other Federal agencies to be directed to Chris Rilling, National take this opportunity to comment on Marine Fisheries Service (NMFS), III. Data proposed and/or continuing information Highly Migratory Species Management OMB Number: 0648–0374. collections, as required by the Division, 1315 East-West Highway, Form Number: None. Paperwork Reduction Act of 1995.
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DATES: Written comments must be on respondents, including through the Oceanic and Atmospheric submitted on or before April 8, 2005. use of automated collection techniques Administration’s National Marine ADDRESSES: Direct all written comments or other forms of information Fisheries Service (NMFS) is responsible to Diana Hynek, Departmental technology. for management of the Nation’s marine Paperwork Clearance Officer, Comments submitted in response to fisheries. In addition, NMFS must Department of Commerce, Room 6625, this notice will be summarized and/or comply with the United States’ 14th and Constitution Avenue, NW, included in the request for OMB obligations under the Atlantic Tunas Washington, DC 20230 (or via the approval of this information collection; Convention Act of 1975 (16 U.S.C. 971 Internet at [email protected]). they also will become a matter of public et seq.). NMFS collects information via record. FOR FURTHER INFORMATION CONTACT: vessel logbooks to monitor the U.S. Requests for additional information or Dated: January 28, 2005. catch of Atlantic swordfish, sharks, copies of the information collection Gwellnar Banks, marlins, and tunas in relation to the instrument and instructions should be Management Analyst, Office of the Chief quotas, thereby ensuring that the United directed to Helen Bass at (301)713– Information Officer. States complies with its domestic and 3155, ext. 175 (or via Internet at [FR Doc. 05–2290 Filed 2–4–05; 8:45 am] international obligations. The [email protected]). information supplied through vessel BILLING CODE 3510–08–S logbooks also provides the catch and SUPPLEMENTARY INFORMATION: effort data necessary to assess the status I. Abstract DEPARTMENT OF COMMERCE of highly migratory species and to evaluate bycatch in each fishery. NOAA’s regulations at 15 CFR 970 National Oceanic and Atmospheric International stock assessments for govern the issuing and monitoring of Administration tunas, swordfish, marlins, and some exploration licenses under the Deep species of sharks are conducted and Seabed Hard Mineral Resources Act. [I.D. 020205B] presented to the International Persons seeking a license must submit Commission for the Conservation of certain information that allows NOAA Proposed Information Collection; Comment Request; Highly Migratory Atlantic Tunas (ICCAT) periodically to ensure the applicant meets the and provide, in part, the basis for ICCAT standards of the Act. Persons with Species Vessel Logbooks and Cost- Earnings Data Reports management recommendations which licenses are required to conduct become binding on member nations. monitoring and reports, and they may AGENCY: National Oceanic and Domestic stock assessments for most request revisions to or transfers of Atmospheric Administration (NOAA). species of sharks are used as the basis licenses. ACTION: Notice. of managing these species. II. Method of Collection Supplementary information on fishing SUMMARY: The Department of costs and earnings has been collected Paper submissions are used, however Commerce, as part of its continuing via this vessel logbook program. This applicants are encouraged to submit effort to reduce paperwork and economic information enables NMFS to supporting documentation respondent burden, invites the general assess the economic impacts of electronically when feasible. public and other Federal agencies to regulatory programs on small businesses III. Data take this opportunity to comment on a and fishing communities, consistent proposed and continuing information OMB Number: 0648–0145. with NEPA, Executive Order 12866, the collection, as required by the Paperwork Regulatory Flexibility Act, and other Form Number: None. Reduction Act of 1995. Type of Review: Regular submission. domestic law. DATES: Written comments must be Affected Public: Business or other for- submitted on or before April 8, 2005. II.Method of Collection profit organizations. ADDRESSES: Currently, log books are being Estimated Number of Respondents: 2. Direct all written comments completed and submitted in paper form. Estimated Time Per Response: 2,000- to Diana Hynek, Departmental 4,000 hours per application (no Paperwork Clearance Officer, III. Data applications are expected) and 20 hours Department of Commerce, Room 6625, 14th and Constitution Avenue NW, OMB Number: 0648–0371. per report. Form Number: NOAA Form 88-191. Estimated Total Annual Burden Washington DC 20230 (or via the Internet at [email protected]). Type of Review: Regular submission. Hours: 40. Affected Public: Business or other for- FOR FURTHER INFORMATION CONTACT: Estimated Total Annual Cost to profit organizations (vessel owners). Requests for additional information or Public: $150. Estimated Number of Respondents: copies of the information collection IV. Request for Comments 7,635. instrument and instructions should be Estimated Time Per Response: 10 Comments are invited on: (a) Whether directed to Joseph Desfosse, Highly minutes for cost/earnings summaries the proposed collection of information Migratory Species Management Division attached to logbook reports; 12 minutes is necessary for the proper performance (F/SF1), Office of Sustainable Fisheries, for logbook catch reports; and 2 minutes of the functions of the agency, including NMFS, 1315 East-West Highway, Silver for negative logbook catch reports. whether the information shall have Spring, MD 20910 (phone 301–713– Estimated Total Annual Burden practical utility; (b) the accuracy of the 2347). Hours: 30,378. agency’s estimate of the burden SUPPLEMENTARY INFORMATION: Estimated Total Annual Cost to (including hours and cost) of the Public: $0 (no capital expenditures I.Abstract proposed collection of information; (c) required). ways to enhance the quality, utility, and Under the provisions of the clarity of the information to be Magnuson-Stevens Fishery IV. Request for Comments collected; and (d) ways to minimize the Conservation and Management Act (16 Comments are invited on: (a) whether burden of the collection of information U.S.C. 1801 et seq.), the National the proposed collection of information
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is necessary for the proper performance (F/SF1), Office of Sustainable Fisheries, of the functions of the agency, including of the functions of the agency, including NMFS, 1315 East-West Highway, Silver whether the information shall have whether the information shall have Spring, MD 20910 (phone 301–713– practical utility; (b) the accuracy of the practical utility; (b) the accuracy of the 2347). agency’s estimate the burden (including agency’s estimate of the burden SUPPLEMENTARY INFORMATION: hours and cost) of the proposed (including hours and cost) of the collection of information; ) ways to proposed collection of information; (c) I. Abstract enhance the quality, utility, and clarity ways to enhance the quality, utility, and Under current regulations at 50 CFR of the information to be collected; and clarity of the information to be part 635.6, fishing vessels permitted for (d) ways to minimize the burden of the collected; and (d) ways to minimize the Atlantic Highly Migratory Species collection of information on burden of the collection of information (HMS) must display their official vessel respondents, including through the use on respondents, including through the numbers on their vessels. Flotation of automated collection techniques or use of automated collection techniques devices attached to certain fishing gear other forms of information technology. or other forms of information must also be marked with the vessel’s Comments submitted in response to technology. number to identify catch that is buoyed. this notice will be summarized and/or Comments submitted in response to These requirements are necessary for included in the request for OMB this notice will be summarized and/or law enforcement and monitoring approval of this information collection; included in the request for OMB purposes.Specifically, all vessels they also will become a matter of public approval of this information collection; owners that hold a valid HMS permit, record. they also will become a matter of public other than an HMS angling permit, are Dated: January 28, 2005. record. required to mark their vessels with their Gwellnar Banks, Dated: January 28, 2005. vessel identification number. The Management Analyst, Office of the Chief Gwellnar Banks, numbers should be permanently affixed Information Officer. Management Analyst, Office of the Chief to, or painted on the port and starboard [FR Doc. 05–2293 Filed 2–4–05; 8:45 am] Information Officer. sides of the deckhouse or hull and on BILLING CODE 3510–22–S [FR Doc. 05–2291 Filed 2–4–05; 8:45 am] an appropriate weather deck, so as to be BILLING CODE 3510–22–S clearly visible from an enforcement vessel or aircraft. Furthermore, DEPARTMENT OF COMMERCE fishermen that use longline gear must National Oceanic and Atmospheric DEPARTMENT OF COMMERCE mark high-flyers and terminal buoys with their vessel identification number. Administration National Oceanic and Atmospheric Gillnet fishermen must also mark their [I.D. 020205D] Administration terminal buoys, and handgear or Magnuson-Stevens Act Provisions; [I.D. 020205C] harpoon fishermen must mark all buoys attached to their gear with their vessel General Provisions for Domestic Proposed Information Collection; identification number. Fisheries; Application for Exempted Fishing Permits (EFPs) Comment Request; Atlantic Highly II. Method of Collection Migratory Species Vessel and Gear AGENCY: National Marine Fisheries Marking There is no form or information collected under this requirement. Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), AGENCY: National Oceanic and Official vessel numbers issued to vessel Department of Commerce. Atmospheric Administration (NOAA). operators are marked on the vessel and ACTION: Notification of a proposal for ACTION: Notice. on flotation gear, if applicable. EFPs to conduct experimental fishing; SUMMARY: The Department of III. Data request for comments. Commerce, as part of its continuing OMB Number: 0648–0373. SUMMARY: The Assistant Regional effort to reduce paperwork and Form Number: None. Administrator for Sustainable Fisheries, respondent burden, invites the general Type of Review: Regular submission. Northeast Region, NMFS (Assistant public and other Federal agencies to Affected Public: Business or other for- Regional Administrator) has made a take this opportunity to comment on profit organizations (vessel owners); and preliminary determination that the proposed and/or continuing information Individuals or households. Estimated Number of Respondents: subject EFP application contains all the collection, as required by the Paperwork required information and warrants Reduction Act of 1995. 8,700 vessels for vessel identification marking; and 24,064 permit holders for further consideration. The Assistant DATES: Written comments must be Regional Administrator has also made a submitted on or before April 8, 2005. gear marking. Estimated Time Per Response: 45 preliminary determination that the ADDRESSES: Direct all written comments minutes/year to mark a vessel; and 15 activities authorized under the EFP to Diana Hynek, Departmental minutes/year to mark a float. would be consistent with the goals and Paperwork Clearance Officer, Estimated Total Annual Burden objectives of the Northeast (NE) Department of Commerce, Room 6625, Hours: 6,525 hours for vessel Multispecies Fishery Management Plan 14th and Constitution Avenue NW, identification marking; and 6,877 hours (FMP). However, further review and Washington DC 20230 (or via the for gear marking. consultation may be necessary before a Internet at [email protected]). Estimated Total Annual Cost to final determination is made to issue the FOR FURTHER INFORMATION CONTACT: Public: $304,500. EFP. Therefore, NMFS announces that Requests for additional information or the Assistant Regional Administrator copies of the information collection IV. Request for Comments proposes to recommend that an EFP be instrument and instructions should be Comments are invited on: (a) Whether issued that would allow one vessel to directed to Michael Clark, Highly the proposed collection of information conduct fishing operations that are Migratory Species Management Division is necessary for the proper performance otherwise restricted by the regulations
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governing the fisheries of the such a way as to take advantage of the exempting it from GOM Rolling Closure Northeastern United States. The EFP tendency for flatfish to swim towards Areas II, III, and IV and; from the NE may allow for exemptions from the NE the ocean bottom after encountering the multispecies DAS effort control program multispecies days-at-sea (DAS) effort separation panel and thereby into the for any of the 11 DAS remaining from control program for up to 11 DAS for the lower codend portion of the net. the previous 2004 EFP that was issued. purposes of studying the effects of a soft Roundfish, which are not expected to The applicant may request minor grid species separation trawl. In swim towards the sea floor after modifications to the EFP throughout the addition, this EFP would allow encountering the panel, are expected to year. EFP modifications may be granted exemptions from the Gulf of Maine swim into the upper codend portion of without further notice if they are (GOM) Rolling Closure Areas II, III, and the net, which would be left open under deemed essential to facilitate IV. normal fishing practices when the completion of the proposed research Regulations under the Magnuson- vessel is targeting flatfish. However, for and minimal as not to change the scope Stevens Fishery Conservation and the purposes of this experiment, both or impact the initially approved EFP Management Act require publication of codends would remain closed in order request. to quantify separation success of these this notification to provide interested Authority: 16 U.S.C. 1801 et seq. parties the opportunity to comment on two types of fish. The net would also applications for proposed EFPs. utilize visual stimuli fixed forward of Dated: February 2, 2005. DATES: Comments on this document the codend to test changes in swimming Alan D. Risenhoover, must be received on or before February behavior in roundfish and flatfish in Acting Director, Office of Sustainable 22, 2005. response to the stimuli. Underwater Fisheries, National Marine Fisheries Service. ADDRESSES: Comments on this notice videography would be employed to [FR Doc. E5–484 Filed 2–4–05; 8:45 am] may be submitted by e-mail. The observe fish behavior and functioning of BILLING CODE 3510–22–S mailbox address for providing e-mail the experimental selectivity device. The comments is DA5–[email protected]. Include sea trials would be conducted in in the subject line of the e-mail shallow water (30 to 50 fathoms (55 to DEPARTMENT OF COMMERCE comment the following document 91 m)) off the coasts of New Hampshire, southern Maine, and a small portion of National Oceanic and Atmospheric identifier: ‘‘Comments on UNH Soft Administration Grid Gear Modification EFP Proposal.’’ northern Massachusetts. UNH Written comments should be sent to researchers would be aboard the vessel [I.D. 020105A] Patricia A. Kurkul, Regional at all times during the experimental Administrator, NMFS, Northeast work. Gulf of Mexico Fishery Management In a letter dated January 20, 2005, Dr. Regional Office, 1 Blackburn Drive, Council; Public Meetings He requested that this EFP be extended Gloucester, MA 01930. Mark the outside from April 30, 2005, the previously AGENCY: National Marine Fisheries of the envelope ‘‘Comments on UNH proposed end date, through July 31, Service (NMFS), National Oceanic and Soft Grid Gear Modification EFP 2005. Because no additional DAS would Atmospheric Administration (NOAA), Proposal.’’ Comments may also be sent be exempted from what was allowed Commerce. via facsimile (fax) to (978) 281–9135. under the previously approved 2004 ACTION: Notice of public meeting. FOR FURTHER INFORMATION CONTACT: EFP, the at-sea portion of the Heather L. Sagar, Fishery Management experiment would last no longer than 11 SUMMARY: The Gulf of Mexico Fishery Specialist, phone 978–281–9341. fishing days from November 19, 2004, Management Council (Council) will SUPPLEMENTARY INFORMATION: through July 31, 2005. Based upon the convene a public meeting of the Dr. Pingguo He of the University of catch rates from 8 days of fishing during Socioeconomic Panel (SEP). New Hampshire Cooperative Extension the same period of time in the 2003 DATES: A meeting of the SEP will be (UNH) submitted an application for an fishing year, the following catch is held beginning at 9 a.m. on Thursday, EFP on May 27, 2004. This EFP was estimated to be harvested under this February 24, 2005 and will conclude no approved and granted for the period EFP during the period May 1, through later than 3 p.m. on Friday, February 25, November 19, 2004, through April 30, July 31, 2005: Cod 2,846 lb (1,291 kg); 2005. 2005. This is a continuation of a project witch flounder 1,547 lb (702 kg); ADDRESSES: The meeting will be held at that was begun in 2002. Due to the time American plaice 274 lb (124 kg); white the Four Points By Sheraton New needed to conduct gear modifications hake 140 lb (64 kg); yellowtail flounder Orleans Airport, 6401 Veterans and tank flume tests, as well as poor 87 lb (40 kg); winter flounder 50 lb (23 Memorial Boulevard, Metairie, LA weather conditions, the sea trails were kg); haddock 34 lb (15 kg); and pollock 70003; 504.885.5700. not completed during the 2003–2004 11 lb (5 kg). All undersized fish would fishing years. This EFP would authorize be returned to the sea as quickly as FOR FURTHER INFORMATION CONTACT: Mr. one commercial vessel to conduct sea possible. Legal-sized fish that would Assane Diagne, Economist, Gulf of trials using a soft grid finfish excluder otherwise have to be discarded would Mexico Fishery Management Council, device. The objective of the research is be allowed to be retained and sold 3018 U.S. Highway 301 North, Suite to test trawl gear designed to separate within the applicable GOM possession 1000, Tampa, Florida 33619; telephone: flatfish from roundfish for the purpose limits. The participating vessel would 813–228–2815. of reducing bycatch of roundfish, be required to report all landings in its SUPPLEMENTARY INFORMATION: The particularly cod. The separation device Vessel Trip Report. Council will convene its Socioeconomic is designed to exploit behavioral Due to an oversight in the Federal Panel (SEP) to review ‘‘Draft differences that exist between these two Register notice announcing the 2004 Amendment 13 for Shrimp’’, ‘‘Draft types of fish. EFP for this project (69 FR 58153, Amendment 18A for Reef Fish’’, and The proposed gear design consists of September 29, 2004), this EFP would ‘‘Draft Amendment 26 for Red a trawl net with a soft panel, or ramp, also exempt vessels from Rolling Snapper.’’ The shrimp amendment that would be positioned in front of a Closure Area II during April 2005. Thus, considers several issues including the double codend. The gear is designed in an EFP would be issued to one vessel establishment of a moratorium on the
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issuance of commercial shrimp vessel DEPARTMENT OF COMMERCE sign language interpretation or other permits and the requirement of separate auxiliary aids should be directed to Ms. vessel permits for the royal red shrimp National Oceanic and Atmospheric Carolyn Porter at 503–820–2280 at least fishery. The reef fish amendment Administration 5 days prior to the meeting date. reviews effort capacity control [I.D. 020105B] Dated: February 1, 2005. measures, enforcement and monitoring Alan D. Risenhoover, Pacific Fishery Management Council; issues in the reef fish fishery. The red Acting Director, Office of Sustainable snapper amendment considers the Public Meeting Fisheries, National Marine Fisheries Service. establishment of an individual fishing AGENCY: National Marine Fisheries [FR Doc. E5–481 Filed 2–4–05; 8:45 am] quota (IFQ) for the commercial red Service (NMFS), National Oceanic and BILLING CODE 3510–22–S snapper fishery. In addition, the SEP Atmospheric Administration (NOAA), will discuss potential grouper trip limits Commerce. and buyback programs. ACTION: Notice of public meeting. DEPARTMENT OF COMMERCE A report will be prepared by the SEP SUMMARY: The Pacific Fishery National Oceanic and Atmospheric containing their conclusions and Management Council’s (Council) Ad Administration recommendations. This report will be Hoc Groundfish Trawl Individual Quota presented to the Council at its meeting Committee (TIQC) will hold a working [I.D. 020105H] on March 7–10, 2005 in Birmingham, meeting which is open to the public. Alabama. DATES: The TIQC working meeting will Western Pacific Fishery Management Composing the SEP membership are begin Wednesday, February 23, 2005 at Council; Public Meeting economists, sociologists, and 8:30 a.m. and may go into the evening anthropologists from various if necessary to complete business for the AGENCY: National Marine Fisheries universities and state fishery agencies day. The meeting will reconvene from Service (NMFS), National Oceanic and throughout the Gulf. They advise the 8:30 a.m. and continue until business Atmospheric Administration (NOAA), Council on the social and economic for the day is complete on Thursday, Commerce. implications of certain fishery February 24, 2005. ACTION: Notice of a public meeting. management measures. ADDRESSES: The meeting will be held in the Broadway Room at the Residence A copy of the agenda can be obtained SUMMARY: The 88th meeting of the Inn by Marriott-Portland Downtown, by calling 813–228–2815. Although Western Pacific Fishery Council’s RiverPlace, 2115 SW River Parkway, other non-emergency issues not on the (Council) Scientific and Statistical Portland, OR 97201. Telephone: 503– Committee (SSC) will convene February agenda may come before the SEP for 552–9500 22–24, 2005, in Honolulu, HI. discussion, in accordance with the Council address: Pacific Fishery Magnuson-Stevens Fishery Management Council, 7700 NE DATES: The SSC meeting will be held Conservation and Management Act, Ambassador Place, Suite 200, Portland, from 8:30 a.m. to 5 p.m. each day. those issues may not be the subject of OR 97220–1384. ADDRESSES: The 88th SSC meeting will formal action during this meeting. FOR FURTHER INFORMATION CONTACT: Mr. be held at the Western Pacific Fishery Actions of the SEP will be restricted to Jim Seger, Staff Officer (Economist), Management Council Office conference those issues specifically identified in 503–820–2280. room, 1164 Bishop St., Suite 1400, the agendas and any issues arising after SUPPLEMENTARY INFORMATION: The Honolulu, HI; phone: (808) 522–8220. publication of this notice that require purpose of the TIQC working meeting is FOR FURTHER INFORMATION CONTACT: emergency action under Section 305(c) to continue to review results from Kitty M. Simonds, Executive Director; of the Magnuson-Stevens Act, provided public scoping, and some preliminary phone: (808) 522–8220. the public has been notified of the analysis, and refine recommendations to Council’s intent to take action to the Council on an individual quota SUPPLEMENTARY INFORMATION: The SSC address the emergency. program to cover limited entry trawl will discuss and may make landings in the West Coast groundfish recommendations to the Council on the Special Accommodations fishery. agenda items here. The order in which Although nonemergency issues not agenda items will be addressed can The meeting is open to the public and contained in the TIQC meeting agenda change. is physically accessible to people with may come before the TIQC for Agenda disabilities. Requests for sign language discussion, those issues may not be the interpretation or other auxiliary aids subject of formal TIQC action during Tuesday, February 22, 2005, 8:30 a.m. should be directed to the Council office these meetings. TIQC action will be by February 17, 2005. restricted to those issues specifically 1. Introductions Dated: February 2, 2005. listed in this notice and to any issues 2. Approval of Draft Agenda and Alan D. Risenhoover, arising after publication of this notice Assignment of Rapporteurs requiring emergency action under Acting Director, Office of Sustainable 3. Approval of the Minutes of the 87th Fisheries, National Marine Fisheries Service. Section 305(c) of the Magnuson-Stevens SSC Meeting Fishery Conservation and Management [FR Doc. E5–483 Filed 2–4–05; 8:45 am] 4. Ecosystem and Habitat Act, provided the public has been BILLING CODE 3510–22–S notified of the TIQC’s intent to take final A. Northwestern Hawaiian Islands action to address the emergency. (NWHI) Sanctuary Special Accommodations 1. Background Information and The meeting is physically accessible Alternatives to people with disabilities. Requests for 2. Report on Public Hearings
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B. NWHI Science Symposium Report Special Accommodations ADDRESSES: Submit comments regarding C. MPA Objectives and Criteria Draft This meeting is physically accessible this burden estimate or any other aspect Document to people with disabilities. Requests for of this collection of information, including suggestions for reducing this D. Ecosystem Workshop Agenda sign language interpretation or other auxiliary aids should be directed to burden to the General Services E. Essential Fish Habitat Guidance Kitty M. Simonds, (808) 522–8220 Administration, FAR Secretariat (VIR), Revisions (voice) or (808) 522–8226 (fax), at least 1800 F Streets, NW, Room 4035, 5 days prior to meeting date. Washington, DC 20405. Please cite OMB F. Coral Reef Plan Team Control No. 9000–0056, Report of Recommendations Dated: February 2, 2005. Shipment, in all correspondence. G. Public Comment Alan D. Risenhoover, FOR FURTHER INFORMATION CONTACT Acting Director, Office of Sustainable H. Discussion and Recommendations Jeritta Parnell, Contract Policy Division, Fisheries, National Marine Fisheries Service. GSA (202) 501–4082. 3. Insular Fisheries [FR Doc. E5–482 Filed 2–4–05; 8:45 am] SUPPLEMENTARY INFORMATION: BILLING CODE 3510–22–S A. Initial Action on Commonwealth of A. Purpose the Northern Mariana Islands Bottomfish Management Military and, as required, civilian DEPARTMENT OF DEFENSE agency storage and distribution points, B. Update on Black Coral Research depots, and other receiving activities C. Public Comment GENERAL SERVICES require advance notice of large ADMINISTRATION D. Discussion and Recommendations shipments enroute from contractors’ plants. Timely receipt of notices by the Wednesday, February 23, 2005, 8:30 NATIONAL AERONAUTICS AND consignee transportation office a.m. SPACE ADMINISTRATION precludes the incurring of demurrage and vehicle detention charges. The 4. Pelagics Fisheries [OMB Control No. 9000–0056] information is used to alert the receiving A. Bigeye Overfishing Plan Federal Acquisition Regulation; activity of the arrival of a large B. Joint Pacific Council and Western Information Collection; Report of shipment. Pacific Council Meeting Shipment B. Annual Reporting Burden C. American Samoa & Hawaii Longline AGENCIES: Department of Defense (DOD), Respondents: 250. Fisheries 2004 Fourth Quarter Reports General Services Administration (GSA), Responses Per Respondent: 4. D. International Issues and National Aeronautics and Space Annual Responses:1,000. Administration (NASA). Hours Per Response: .167. 1. 7th Preparatory Conference & First Total Burden Hours: 167. ACTION: Notice of request for an Meeting of the Western and Central Obtaining Copies of Proposals: Pacific Fishery Management extension to an existing OMB clearance. Requesters may obtain a copy of the Commission. SUMMARY: Under the provisions of the information collection documents from 2. Food & Agriculture Organization Paperwork Reduction Act of 1995 (44 the General Services Administration, (FAO) Technical Consultation on U.S.C. Chapter 35), the Federal FAR Secretariat (VIR), Room 4035, 1800 Turtles Acquisition Regulation (FAR) F Street, NW, Washington, DC 20405, 3. Third International Fishers Forum Secretariat will be submitting to the telephone (202) 501–4755. Please cite (IFF3) Office of Management and Budget OMB Control No. 9000–0056, Report of Shipment, in all correspondence. E. Plan Team Recommendations (OMB) a request to review and approve an extension of a currently approved Dated: February 1, 2005 F. Public Comment information collection requirement Julia B. Wise G. Discussion and Recommendations concerning report of shipment. The Acting Director,Contract Policy Division. clearance currently expires on May 31, 7. Protected Species [FR Doc. 05–2238 Filed 2–4–05; 8:45 am] 2005. BILLING CODE 6820–EP–S A. Sea Turtles Public comments are particularly invited on: Whether this collection of 1. 25th Annual Sea Turtle Symposium information is necessary for the proper DEPARTMENT OF DEFENSE 2. Results from First Year of performance of functions of the FAR, Conservation Measures and whether it will have practical Department of the Army; Corps of B. Marine Mammals utility; whether our estimate of the Engineers public burden of this collection of C. Petition to list Black Footed Albatross information is accurate, and based on Notice of Intent To Prepare a Draft (BFAL) under the Endangered Species valid assumptions and methodology; Environmental Impact Statement for an Act (ESA) ways to enhance the quality, utility, and Environmental Dredging Project on the D. Public Comment clarity of the information to be Mahoning River in Ohio E. Discussion and Recommendations collected; and ways in which we can AGENCY: Department of the Army, U.S. minimize the burden of the collection of Army Corps of Engineers, DoD. Thursday, February 24, 2005, 8:30 a.m. information on those who are to ACTION: Notice of intent to prepare an respond, through the use of appropriate 8. Other Business Environmental Impact Statement. technological collection techniques or A. 89th SSC meeting other forms of information technology. SUMMARY: This notice advises the public 9. Summary of SSC Recommendations DATES: Submit comments on or before that pursuant to the National to the Council—Paul Callaghan April 8, 2005. Environmental Policy Act (NEPA) of
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1969, as amended, the Pittsburgh Warren, Ohio to the Pennsylvania state nature and extent of the alternatives will District (District), U.S. Army Corps of line, one limiting fish consumption due be determined as part of the preparation Engineers, intends to develop a Draft to elevated levels of mercury and of the Draft EIS. To facilitate scoping of Environmental Impact Statement (EIS). polychlorinated biphenols (PCBs) and the environmental effects of the project, The Draft EIS will consider Federal another advising against coming in the public may initially base comments actions associated with the District’s contact with sediments due to elevated upon a combination of possible actions proposal to restore the aquatic levels of polyaromatic hydrocarbons that result in the removal of ecosystem of the lower Mahoning River (PAHs). At the end of the 20th Century, contaminated sediments from the in Ohio through (1) Dredging many of the industrial facilities along riverbed and riverbank and the removal contaminated sediments lining the river; the Mahoning River closed down, and of unused low-head dams. (2) bioremediating sediments in the the remaining companies improved The primary issues to be analyzed in bank and river where applicable; (3) their wastewater treatment facilities depth during the NEPA process will be capping contaminants in the bank; and resulting in a marked improvement in the environmental impacts of proposed (4) removing low-head dams along the river water quality. Despite this actions on the Mahoning River and river; or a combination of all four improvement, recent studies of the cumulative impacts of this proposed actions. The lower Mahoning River’s lower Mahoning River’s ecosystem Federal action in conjunction with ecosystem has been severely impacted [including the Ohio Environmental reasonably foreseeable future actions by by contamination from industries that Protection Agency (OEPA’s) 1994 Water others. The analysis will include once lined the valley and by several Quality Study] suggest that the ecology impacts to biological resources, cultural low-head dams that disrupt the river’s of the Mahoning River will not be resources, socioeconomic resources, air natural hydrology. The proposed project restored unless the contaminated quality, noise, and recreation. will improve the lower Mahoning sediments are removed, remediated, or In addition to the public notice, a River’s ecosystem to a level found at a capped and some or all of the dams are notice will be mailed to each address on model reach located just upstream of the removed. the Mahoning Environmental Dredging project area. The project is being undertaken mailing list. Coordination throughout ADDRESSES: Submit questions or pursuant to the authority of Section 312 the project will be maintained with the comments regarding the environmental of the Water Resources Development appropriate local, state, and Federal dredging project to Mr. Curtis N. Act (WRDA) of 1990 (Pub. L. 101–640), agencies. Interested parties are Meeder, Chief, Planning and as amended by Section 205 of the encouraged to provide written Environmental Branch, U.S. Army WRDA of 1996 (Pub. L. 104–303) and comments relevant to issues to be Corps of Engineers, Mahoning Section 224 of the WRDA of 1999 (Pub. addressed in the Draft EIS. The District Environmental Dredging Project, 1000 L. 106–53). Section 312 provides for the requests that comments or requests for Liberty Ave., Pittsburgh, PA 15222– removal (dredging) of contaminated information be directed to the following 4186, telephone (412) 395–7228 or e- sediments within navigable waters for study contact: Mr. Curtis N. Meeder, mail: [email protected]. the purpose of ecosystem restoration Chief, Planning and Environmental FOR FURTHER INFORMATION CONTACT: and specifically identifies the Mahoning Branch (see ADDRESSES above). Questions or comments regarding this River in Ohio and Pennsylvania, due to notice can be directed to Mr. Larry the severity of contamination, as one of Curtis N. Meeder, Moskovitz, U.S. Army Corps of five rivers in the nation given top Chief, Planning and Environmental. Engineers, 1000 Liberty Avenue, priority for removal and remediation of [FR Doc. 05–2265 Filed 2–4–05; 8:45 am] Pittsburgh, PA 15222–4186, Telephone: contaminated sediments. The District BILLING CODE 3710–92–P (412) 395–7205, e-mail: will prepare a Draft Environmental [email protected]. Impact Statement assessing the environmental impacts of the DEPARTMENT OF EDUCATION SUPPLEMENTARY INFORMATION: The recommended and alternative plans. District is evaluating alternative Proposed Action: The Mahoning Office of Elementary and Secondary strategies to restore, through Environmental Dredging Project is Education environmental dredging, 31 miles of the designed to restore the ecosystem of the lower Mahoning River that extends from Mahoning River by removing Overview Information; Early Childhood Warren, Ohio to the Pennsylvania-Ohio contaminated sediment and low-head Educator Professional Development state line. Through this project reach, dams throughout a 31-mile stretch of the Program; Notice Inviting Applications the Mahoning River is considered a river (from Warren, Ohio to the Ohio- for New Awards for Fiscal Year (FY) navigable waterway of the United Pennsylvania border). 2005 States. The river sediment was The Proposed Action involves contaminated from the heavy industrial removing contaminated sediments from Catalog of Federal Domestic Assistance use of the Mahoning River Valley the river utilizing mechanical or (CFDA) Number: 84.349A. through the early and mid 20th Century. hydraulic dredging techniques and Dates: Low head dams were constructed at that disposing of the material in an approved Applications Available: February 7, time to assure water supplies needed by manner. Contaminated sediment located 2005. industry. These dams have significantly in the banks may be treated through Deadline for Transmittal of altered the natural riverine habitat, and hydraulic dredging, bioremediation, Applications: April 22, 2005. sediments in the river’s bottom and capping, or a combination of these three Deadline for Intergovernmental banks were contaminated by decades of actions. Low-head dams that are no Review: June 21, 2005. unregulated industrial waste disposal. longer being used for water supply will Eligible Applicants: A partnership The sediment contamination has be considered for removal. consisting of at least one entity from severely impacted the aquatic life in this Reasonable Alternatives: The District each of the following categories, as river and has led the Ohio Department will evaluate a Future Without Project indicated below: of Health to issue two advisories against (No Action) Alternative and Future (i) One or more institutions of higher recreation on the Mahoning River from With Project Alternatives. The exact education, or other public or private
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entities (including faith-based pedagogy and on child development we do not give an application that meets organizations), that provide professional and learning. For these grants, increased these invitational priorities a development for early childhood emphasis is being placed on the quality competitive or absolute preference over educators who work with children from of program evaluations for the proposed other applications. low-income families in high-need projects. Invitational Priority 1—Young communities. The specific activities for which Children with Limited English (ii) One or more public agencies recipients may use grant funds are Proficiency, Disabilities, or Other (including local educational agencies, identified in the application package. Special Needs State educational agencies, State human Priorities: This competition includes The Secretary is especially interested services agencies, and State and local one absolute priority and two in applications that focus on providing agencies administering programs under invitational priorities that are explained professional development for early the Child Care and Development Block in the following paragraphs. In childhood educators who work with Grant Act of 1990), Head Start agencies, accordance with 34 CFR young children (including infants or or private organizations (including faith- 75.105(b)(2)(iv), the absolute priority is toddlers, as applicable) with: limited based organizations). from section 2151(e)(5)(A) of the English proficiency; disabilities, as (iii) If feasible, an entity with Elementary and Secondary Education identified under Parts B or C of the demonstrated experience in providing Act of 1965, as amended (ESEA), 20 Individuals with Disabilities Education training to educators in early childhood U.S.C. 6651(e)(5)(A). The absolute Act; or other special needs. priority and the two invitational education programs concerning Note: The following terms used in this identifying and preventing behavior priorities are as follows. invitational priority have statutory problems or working with children Absolute Priority: For FY 2005 this definitions that are included in the identified as or suspected to be victims priority is an absolute priority. Under 34 application package: ‘‘child with a of abuse. This entity may be one of the CFR 75.105(c)(3) we consider only disability,’’ ‘‘infants and toddlers with partners described in paragraphs (i) and applications that meet this priority. This disabilities,’’ and ‘‘limited English (ii) under Eligible Applicants. priority is: proficient.’’ A partnership may apply for these High-Need Communities Invitational Priority 2—Classroom funds only if one of the partners Curricula and Teacher Professional currently provides professional The applicant partnership, if awarded a grant, shall use the grant funds to Development development for early childhood The Secretary also is especially educators working in programs located carry out activities that will improve the knowledge and skills of early childhood interested in applications that focus on in high-need communities with children professional development for early from low-income families. educators who are working in early childhood programs that are located in childhood educators on the specific Estimated Available Funds: preschool curricula that are being used $14,695,000. ‘‘high-need communities.’’ An eligible applicant must in their early childhood programs and Estimated Range of Awards: that promote young children’s school $2,500,000–$5,000,000. demonstrate in its application how it meets the statutory requirement in readiness in the areas of language and Estimated Average Size of Awards: cognitive development and early $3,750,000. section 2151(e)(5)(A) of the ESEA by including relevant demographic and reading and numeracy skills. The Estimated Number of Awards: 3–6 curricula should be based on awards. socioeconomic data about the ‘‘high- need community’’ in which the program scientifically based research, and have Note: The Department is not bound by any is located, as indicated in the standardized training procedures and estimates in this notice. application package. (See section published curriculum materials to Project Period: Up to 36 months. Full 2151(e)(3)(B)(i) of the ESEA.) support implementation by the early Text of Announcement ‘‘High-need community,’’ as defined childhood educators. The chosen in section 2151(e)(9)(B) of the ESEA, curricula should include a scope and I. Funding Opportunity Description means— sequence of skills and content with Purpose of Program: The purpose of (a) A political subdivision of a State, concrete instructional goals that will the Early Childhood Educator or a portion of a political subdivision of promote early language, reading, and Professional Development (ECEPD) a State, in which at least 50 percent of numeracy skills. program is to enhance the school the children are from low-income The need for rigorous preschool readiness of young children, families; or curricula is driven by the national focus particularly disadvantaged young (b) A political subdivision of a State on high-quality preschool experiences children, and to prevent them from that is among the 10 percent of political that prepare children for formal reading encountering difficulties once they enter subdivisions of the State having the instruction in the elementary grades. school, by improving the knowledge greatest numbers of such children. The professional development in the and skills of early childhood educators Note: The following additional terms used ECEPD program provides opportunities who work in communities that have in or related to this absolute priority have for the program participants to achieve high concentrations of children living in statutory definitions that are included in the greater understanding of the poverty. application package: ‘‘early childhood implementation of scientifically based Projects funded under the ECEPD educator,’’ ‘‘low-income family,’’ and curricula that focus on early language, program provide high-quality, ‘‘professional development.’’ reading, and numeracy skills of young sustained, and intensive professional Under this competition we are children. Grantees should focus on development for these early childhood particularly interested in applications assisting the early childhood educators educators in how to provide that address the following two to fully implement the selected developmentally appropriate school- invitational priorities. curricula and measuring learning readiness services for preschool-age Invitational Priorities: For FY 2005, outcomes for the children taught by children that are based on the best these priorities are invitational those educators. available research on early childhood priorities. Under 34 CFR 75.105(c)(1), Program Authority: 20 U.S.C. 6651(e).
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Applicable Regulations: The this program must provide (1) at least 50 the application to the equivalent of no Education Department General percent of the total cost of the project for more than 30 typed pages. Part IV of the Administrative Regulations (EDGAR) in the entire grant period; and (2) at least application is where you, the applicant, 34 CFR parts 74, 75, 77, 79, 80, 81, 82, 20 percent of the project cost for each provide a budget narrative that 84, 85, 86, 97, 98, and 99, as applicable. year. The project may provide these reviewers use to evaluate your Note: The regulations in 34 CFR part 79 funds from any source, other than this application. You must limit the budget apply to all applicants except federally program, including other Federal narrative in Part IV of the application to recognized Indian tribes. sources. The partnership may satisfy the equivalent of no more than 5 typed these cost-sharing requirements by pages. For all page limits, use the Note: The regulations in 34 CFR part 86 providing contributions in cash or in- following standards: apply to institutions of higher education kind, fairly evaluated, including plant, • A ‘‘page’’ is 8.5″ × 11″, on one side only. equipment, and services. Only only, with 1″ margins at the top, bottom, allowable costs may be counted as part and both sides. II. Award Information of the grantee’s share. For example, any • Double space (no more than three Type of Award: Discretionary grant. indirect costs over and above the lines per vertical inch) all text in the Estimated Available Funds: allowable amount may not be counted application and budget narratives, $14,695,000. toward a grantee’s share. For additional including titles, headings, footnotes, Estimated Range of Awards: information about indirect costs, see quotations, references, and captions. $2,500,000 ‘‘$5,000,000. section IV.5. of this notice. Text in tables, charts, or graphs, and the Estimated Average Size of Awards: limited Appendices, may be single IV. Application and Submission $3,750,000. spaced. Estimated Number of Awards: 3–6 Information • Use a font that is either 12-point or awards. 1. Address to Request Application larger or no smaller than 10 pitch Note: The Department is not bound by any Package: You may obtain an application (characters per inch). You may use other estimates in this notice. package via the Internet or from the point fonts for any tables, charts, graphs, Education Publications Center (ED and the limited Appendices, but those Project Period: Up to 36 months. Pubs). To obtain an application via the tables, charts, graphs and limited III. Eligibility Information Internet, use the following Web address: Appendices should be in a font size that http://www.ed.gov/programs/ is easily readable by the reviewers of 1. Eligible Applicants: A partnership eceducator/index.html. To obtain a copy your application. consisting of at least one entity from from ED Pubs, write or call the • Any tables, charts, or graphs are each of the following categories, as following: Education Publications included in the overall narrative page indicated below: Center, P.O. Box 1398, Jessup, MD limit. The limited Appendices, (i) One or more institutions of higher 20794–1398. Telephone (toll free): 1– including the partnership agreement education, or other public or private 877–433–7827. FAX: (301) 470–1244. If required as a group agreement under 34 entities (including faith-based you use a telecommunications device CFR 75.128, are not part of these page organizations), that provide professional for the deaf (TDD), you may call (toll limits. development for early childhood free): 1–877–576–7734. • Appendices are limited to the educators who work with children from If you request an application package following: Required partnership low-income families in high-need from ED Pubs, be sure to identify this agreement; and curriculum vitae of key communities. competition as follows: CFDA number personnel (including key contract (ii) One or more public agencies 84.349A. personnel and consultants). (including local educational agencies, You may also contact ED Pubs at its • Other application materials are State educational agencies, State human Web site: http://www.ed.gov/pubs/ limited to the specific materials services agencies, and State and local edpubs.html or you may contact ED indicated in the application package, agencies administering programs under Pubs at its e-mail address: and may not include any video or other the Child Care and Development Block [email protected]. non-print materials. Grant Act of 1990), Head Start agencies, If you request an application from ED Our reviewers will not read any pages or private organizations (including faith- Pubs, be sure to identify this of your application that— based organizations). competition as follows: CFDA number • Exceed the page limits if you apply (iii) If feasible, an entity with 84.349A. these standards; or demonstrated experience in providing Individuals with disabilities may • Exceed the equivalent of the page training to educators in early childhood obtain a copy of the application package limits if you apply other standards. education programs concerning in an alternative format (e.g., Braille, 3. Submission Dates and Times. identifying and preventing behavior large print, audiotape, or computer Applications Available: February 7, problems or working with children diskette) following the instructions in 2005. identified as or suspected to be victims section VII of this notice. Deadline for Transmittal of of abuse. This entity may be one of the 2. Content and Form of Application Applications: April 22, 2005. partners described in paragraphs (i) and Submission: Requirements concerning Applications for grants under this (ii) under Eligible Applicants. the content of the application, together program [competition] may be A partnership may apply for these with the forms you must submit, are in submitted electronically using the funds only if one of the partners the application package for this Electronic Grant Application System (e- currently provides professional competition. Application) accessible through the development for early childhood Page Limits: The application narrative Department’s e-Grants system, or in educators working in programs located for this program (Part III of the paper format by mail or hand delivery. in high-need communities with children application) is where you, the applicant, For information (including dates and from low-income families. address the selection criteria that times) about how to submit your 2. Cost Sharing or Matching: Each reviewers use to evaluate your application electronically, or by mail or partnership that receives a grant under application. You must limit Part III of hand delivery, please refer to section
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IV.6. Other Submission Requirements in Applications for grants under this include a PR/Award number (an this notice. program [competition] may be identifying number unique to your We do not consider an application submitted electronically or in paper application). that does not comply with the deadline format by mail or hand delivery. • Within three working days after requirements. a. Electronic Submission of submitting your electronic application, Deadline for Intergovernmental Applications. fax a signed copy of the ED 424 to the Review: June 21, 2005. If you choose to submit your Application Control Center after 4. Intergovernmental Review: This application to us electronically, you following these steps: program is subject to Executive Order must use e-Application available (1) Print ED 424 from e-Application. 12372 and the regulations in 34 CFR through the Department’s e-Grants (2) The applicant’s Authorizing part 79. Information about system, accessible through the e-Grants Representative must sign this form. Intergovernmental Review of Federal portal page at: http://e-grants.ed.gov. (3) Place the PR/Award number in the Programs under Executive Order 12372 While completing your electronic upper right hand corner of the hard- is in the application package for this application, you will be entering data copy signature page of the ED 424. program. online that will be saved into a (4) Fax the signed ED 424 to the Application Control Center at (202) 5. Funding Restrictions: database. You may not e-mail an 245–6272. (a) Indirect Costs. For purposes of electronic copy of a grant application to • We may request that you provide us indirect cost charges, the Secretary us. original signatures on other forms at a considers all ECEPD program grants to Please note the following: • Your participation in e-Application later date. be ‘‘educational training grants’’ within Application Deadline Date Extension the meaning of section 75.562(a) of is voluntary. • You must complete the electronic in Case of System Unavailability: If you EDGAR. Consistent with 34 CFR 75.562, submission of your grant application by are prevented from electronically the indirect cost rate for any fiscal agent 4:30 p.m., Washington, DC time, on the submitting your application on the other than a State agency or agency of application deadline date. The e- application deadline date because the e- local government (such as a local Application system will not accept an Application system is unavailable, we educational agency) is limited to a application for this program will grant you an extension of one maximum of eight percent or the [competition] after 4:30 p.m., business day in order to transmit your amount permitted by the fiscal agent’s Washington, DC time, on the application electronically, by mail, or by negotiated indirect cost rate agreement, application deadline date. Therefore, we hand delivery. We will grant this whichever is less. Further information strongly recommend that you do not extension if— about indirect cost rates, and on how to wait until the application deadline date (1) You are a registered user of e- apply for a negotiated indirect cost rate to begin the application process. Application and you have initiated an for fiscal agents that do not yet have • The regular hours of operation of electronic application for this one, is available at the following Web the e-Grants Web site are 6 a.m. Monday competition; and site: http://www.ed.gov/about/offices/ until 7 p.m. Wednesday; and 6 a.m. (2)(a) The e-Application system is list/ocfo/intro.html?exp=0. Thursday until midnight Saturday, unavailable for 60 minutes or more (b) Pre-award Costs: For FY 2005 the Washington, DC time. Please note that between the hours of 8:30 a.m. and 3:30 Secretary exercises her authority under the system is unavailable on Sundays, p.m., Washington, DC time, on the sections 75.263 and 74.25(e)(1) of and between 7 p.m. on Wednesdays and application deadline date; or EDGAR to approve pre-award costs 6 a.m. on Thursdays, Washington, DC (b) The e-Application system is incurred by recipients of these grants time, for maintenance. Any unavailable for any period of time more than 90 calendar days before the modifications to these hours are posted between 3:30 p.m. and 4:30 p.m., grant award. Specifically, the Secretary on the e-Grants Web site. Washington, DC time, on the approves necessary and reasonable pre- • You will not receive additional application deadline date. award costs incurred by these grant point value because you submit your We must acknowledge and confirm recipients for up to 90 days before the application in electronic format, nor these periods of unavailability before application deadline date. These pre- will we penalize you if you submit your granting you an extension. To request award costs must be related to the needs application in paper format. this extension or to confirm our assessment that applicants conduct • You must submit all documents acknowledgement of any system under section 2151(e)(3)(B)(iii) of the electronically, including the unavailability, you may contact either ESEA before submitting their Application for Federal Education (1) the person listed elsewhere in this applications, to determine the most Assistance (ED 424), Budget notice under FOR FURTHER INFORMATION critical professional development needs Information—Non-Construction CONTACT (see VII. Agency Contact) or (2) of the early childhood educators to be Programs (ED 524) , and all necessary the e-Grants help desk at 1–888–336– served by the project and in the broader assurances and certifications. 8930. If the system is down and community. • Any narrative sections of your therefore the application deadline is Applicants incur any pre-award costs application should be attached as files extended, an e-mail will be sent to all at their own risk. The Secretary is under in a .DOC (document), .RTF (rich text), registered users who have initiated an e- no obligation to reimburse these costs if or .PDF (Portable Document) format. Application. for any reason the applicant does not • Your electronic application must Extensions referred to in this section receive an award or if the award is less comply with any page limit apply only to the unavailability of the than anticipated and inadequate to requirements described in this notice. Department’s e-Application system. If cover these costs. • Prior to submitting your electronic the e-Application system is available, We reference additional regulations application, you may wish to print a and, for any reason, you are unable to outlining funding restrictions in the copy of it for your records. submit your application electronically Applicable Regulations section of this • After you electronically submit or you do not receive an automatic notice. your application, you will receive an acknowledgement of your submission, 6. Other Submission Requirements. automatic acknowledgement that will you may submit your application in
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paper format by mail or hand delivery a.m. and 4:30 p.m., Washington, DC that the Secretary published in the in accordance with the instructions in time, except Saturdays, Sundays, and Federal Register on March 31, 2003 (68 this notice. Federal holidays. FR 15646–15648). These achievement b. Submission of Paper Applications Note for Mail or Hand Delivery of Paper indicators are included in the by Mail. Applications: If you mail or hand deliver application package. If you submit your application in your application to the Department: VI. Agency Contact paper format by mail (through the U.S. (1) You must indicate on the envelope Postal Service or a commercial carrier), and—if not provided by the FOR FURTHER INFORMATION CONTACT: you must mail the original and two Department—in Item 4 of the ED 424 the Rosemary Fennell, U.S. Department of copies of your application, on or before CFDA number—and suffix letter, if Education, 400 Maryland Avenue SW., the application deadline date, to the any—of the competition under which Room 3C–100, Washington, DC 20202– Department at the applicable following you are submitting your application. 6132. Telephone: (202) 260–0792, or by address: (2) The Application Control Center e-mail: [email protected]. By mail through the U.S. Postal will mail a grant application receipt If you use a telecommunications Service: U.S. Department of Education, acknowledgment to you. If you do not device for the deaf (TDD), you may call Application Control Center, Attention: receive the grant application receipt the Federal Relay Service (FRS) at 1– (CFDA Number 84.349A), 400 Maryland acknowledgment within 15 business 800–877–8339. Avenue, SW., Washington, DC 20202– days from the application deadline date, Individuals with disabilities may 4260. or you should call the U.S. Department of obtain this document in an alternative By mail through a commercial carrier: Education Application Control Center at format (e.g., Braille, large print, U.S. Department of Education, (202) 245–6288. audiotape, or computer diskette) on Application Control Center—Stop 4260, request to the program contact person Attention: (CFDA Number 84.349A), V. Award Administration Information listed in this section. 7100 Old Landover Road, Landover, MD 1. Award Notices: If your application VII. Other Information 20785–1506. is successful, we notify your U.S. Regardless of which address you use, Representative and U.S. Senators and Electronic Access to This Document: you must show proof of mailing send you a Grant Award Notice (GAN). You may view this document, as well as consisting of one of the following: We may also notify you informally. all other documents of this Department (1) A legibly dated U.S. Postal Service If your application is not evaluated or published in the Federal Register, in postmark, not selected for funding, we notify you. text or Adobe Portable Document (2) A legible mail receipt with the 2. Administrative and National Policy Format (PDF) on the Internet at the date of mailing stamped by the U.S. Requirements: We identify following site: http://www.ed.gov/news/ Postal Service, administrative and national policy fedregister. (3) A dated shipping label, invoice, or requirements in the application package To use PDF you must have Adobe receipt from a commercial carrier, or and reference these and other Acrobat Reader, which is available free (4) Any other proof of mailing requirements in the Applicable at this site. If you have questions about acceptable to the Secretary of the U.S. Regulations section of this notice. using PDF, call the U.S. Government Department of Education. We reference the regulations outlining Printing Office (GPO), toll free, at 1– If you mail your application through the terms and conditions of an award in 888–293–6498; or in the Washington, the U.S. Postal Service, we do not the Applicable Regulations section of DC, area at (202) 512–1530. accept either of the following as proof this notice and include these and other of mailing: Note: The official version of this document specific conditions in the GAN. The is the document published in the Federal (1) A private metered postmark, or GAN also incorporates your approved Register. Free Internet access to the official (2) A mail receipt that is not dated by application as part of your binding edition of the Federal Register and the Code the U.S. Postal Service. commitments under the grant. of Federal Regulations is available on GPO If your application is postmarked after 3. Reporting: At the end of your Access at: http://www.gpoaccess.gov/nara/ the application deadline date, we will project period, you must submit a final index.html. not consider your application. performance report, including financial Dated: February 2, 2005. Note: The U.S. Postal Service does not information, as directed by the Raymond Simon, uniformly provide a dated postmark. Before Secretary. If you receive a multi-year relying on this method, you should check award, you must submit an annual Assistant Secretary for Elementary and Secondary Education. with your local post office. performance report that provides the c. Submission of Paper Applications most current performance and financial [FR Doc. 05–2438 Filed 2–4–05; 8:45 am] by Hand Delivery. expenditure information as specified by BILLING CODE 4000–01–P If you submit your application in the Secretary in 34 CFR 75.118. ECEPD paper format by hand delivery, you (or program grantees also are required by DEPARTMENT OF EDUCATION a courier service) must deliver the section 2151(e)(6)(B) of the ESEA to original and two copies of your report annually to the Secretary on the Office of Special Education and application by hand, on or before the partnership’s progress toward attaining Rehabilitative Services, Overview application deadline date, to the the achievement indicators referenced Information, Recreational Programs Department at the following address: in section VI. 4. Performance Measures Notice Inviting Applications for New U.S. Department of Education, in this notice. For specific requirements Awards for Fiscal Year (FY) 2005 Application Control Center, Attention: on grantee reporting, please go to (CFDA Number 84.349A), 550 12th http://www.ed.gov/fund/grant/apply/ Catalog of Federal Domestic Assistance Street, SW., Room 7041, Potomac Center appforms/appforms.html. (CFDA) Number: 84.128J. Plaza, Washington, DC 20202–4260. 4. Performance Measures: For FY Dates: The Application Control Center 2005, grants under this program will be Applications Available: February 14, accepts hand deliveries daily between 8 governed by the achievement indicators 2005.
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Deadline for Transmittal of funded under the grant, particularly IV. Application and Submission Applications: March 29, 2005. information that facilitates the Information Deadline for Intergovernmental replication of the results of that project, 1. Address to Request Application Review: May 31, 2005. will be made generally available Package: You may obtain an application Eligible Applicants: States, public (section 305(a)(4)(A) of the Act); package via Internet or from the agencies, and nonprofit private (c) Demonstrate ways in which Education Publications Center (ED organizations. recreational activities assist in Pubs). To obtain an application package Estimated Available Funds: maximizing the independence and via Internet, use the following address: $1,027,111. integration of individuals with http://www.ed.gov/fund/grant/apply/ Estimated Range of Awards: disabilities into community-based grantapps/index.html. To obtain an $130,000–$140,000. recreational programs (section application package from ED Pubs, write Estimated Average Size of Awards: 305(a)(1)(C) of the Act); or call the following: Education $130,000. (d) Assure that the project will Publications Center (ED Pubs), P.O. Box Estimated Number of Awards: 8. 1398, Jessup, MD 20794–1398. Project Period: Up to 36 months. maintain, at a minimum, the same level of services over the three-year project Telephone (toll free): 1–877–433–7827. Note: The Department is not bound by any period (section 305(a)(5) of the Act); FAX: (301) 470–1244. If you use a estimates in this notice. (e) Assure that the service program telecommunications device for the deaf (TDD), you may call (toll free): 1–877– Full Text of Announcement funded under the grant will be continued after Federal assistance ends 576–7734. You may also contact ED Pubs at its I. Funding Opportunity Description (section 305(a)(4)(B) of the Act); and Web site: http://www.ed.gov/pubs/ Purpose of Program: The purpose of (f) Provide non-Federal resources (in edpubs.html or you may contact ED the Recreational Programs is to provide cash or in-kind) to pay the non-Federal Pubs at its e-mail address: individuals with disabilities with share cost of the project in year two at [email protected]. recreational activities and related 25 percent of year one Federal grant and If you request an application from ED experiences to aid in their employment, year three at 50 percent of year one Pubs, be sure to identify this mobility, socialization, independence, Federal grant (section 305(a)(3)(B) of the competition as follows: CFDA number and community integration. Recreation Act). 84.128J. Programs initiate local recreation Program Authority: 29 U.S.C. 775. Individuals with disabilities may projects that will continue after Federal Applicable Regulations: The obtain a copy of the application package assistance ends. in an alternative format (e.g., Braille, Priority: This priority is from the Education Department General Administrative Regulations (EDGAR) in large print, audiotape, or computer notice of final priority for this program, diskette) by contacting the Grants and published in the Federal Register on 34 CFR parts 74, 75, 77, 79, 80, 81, 82, 84, 85, and 86. Contracts Services Team, U.S. April 19, 2001 (66 FR 20176). Department of Education, 400 Maryland Absolute Priority: For FY 2005 this Note: The regulations in 34 CFR part 79 Avenue, SW., room 5075, Potomac priority is an absolute priority. Under 34 apply to all applicants except federally Center Plaza, Washington, DC 20202– CFR 75.105(c)(3) we consider only recognized Indian tribes. 2550. Telephone: (202) 245–7363. If you applications that meet this priority. use a telecommunications device for the This priority is: Note: The regulations in 34 CFR part 86 apply to institutions of higher education deaf (TDD), you may call the Federal Projects must provide recreational only. Information Relay Service (FIRS) at 1– services to individuals with disabilities. 800–877–8339. Recreational services include, but are II. Award Information 2. Content and Form of Application not limited to, vocational skills Submission: Requirements concerning development, leisure education, leisure Type of Award: Discretionary grants. the content of an application, together networking, leisure resource Estimated Available Funds: with the forms you must submit, are in development, physical education and $1,027,111. the application package for this sports, scouting and camping, 4–H Estimated Range of Awards: competition. activities, music, dancing, handicrafts, $130,000–$140,000. Page Limit: The application narrative art, and homemaking. Recreational Estimated Average Size of Awards: (Part III of the application) is where you, services do not include the construction $130,000. the applicant, address the selection of facilities for aquatic rehabilitation criteria that reviewers use to evaluate therapy. Estimated Number of Awards: 8. your application. We suggest that you Projects must provide recreational Note: The Department is not bound by any limit Part III to approximately 35 services to individuals with disabilities estimates in this notice. double-spaced pages, using the in settings with peers who are not following standards: Project Period: Up to 36 months. individuals with disabilities. • A ‘‘page’’ is 8.5″ x 11,″ on one side III. Eligibility Information only, with 1″ margins at the top, bottom, Statutory Requirements and both sides. All applicants seeking funding under 1. Eligible Applicants: States, public • Double space (no more than three this competition must— agencies, and nonprofit private lines per vertical inch) all text in the (a) Describe the manner in which the organizations. application narrative, including titles, applicant will address the needs of 2. Cost Sharing or Matching: The headings, footnotes, quotations, individuals with disabilities from Federal share of the cost of a project is references, and captions, as well as all minority backgrounds (section 21(c) of 100 percent in the first year, 75 percent text in charts, tables, figures, and the Rehabilitation Act of 1973, as in the second year, and 50 percent in graphs. amended) (the Act); the third year. The local match may be • Use a font that is either 12 point or (b) Describe the manner in which the in cash or in-kind contributions. See larger or no smaller than 10 pitch findings and results of the project to be section 305(a)(3) of the Act. (characters per inch).
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The suggested page limit does not Applications for grants under the • Within three working days after apply to Part I, the cover sheet; Part II, Recreational Programs—CFDA Number submitting your electronic application, the budget section, including the 84.128J must be submitted fax a signed copy of the ED 424 to the narrative budget justification; Part IV, electronically using e-Application Application Control Center after the assurances and certifications; or the available through the Department’s e- following these steps: one-page abstract, the resumes, the Grants system, accessible through the e- (1) Print ED 424 from e-Application. bibliography, or the letters of support. Grants portal page at: http://e- (2) The applicant’s Authorizing However, you must include all of the grants.ed.gov. Representative must sign this form. application narrative in Part III. While completing your electronic (3) Place the PR/Award number in the 3. Submission Dates and Times: application, you will be entering data upper right hand corner of the hard- Applications Available: February 14, online that will be saved into a copy signature page of the ED 424. 2005. database. You may not e-mail an (4) Fax the signed ED 424 to the Deadline for Transmittal of electronic copy of a grant application to Application Control Center at (202) Applications: March 29, 2005. us. 245–6272. Applications for grants under this Please note the following: • We may request that you provide us competition must be submitted • You must complete the electronic original signatures on other forms at a electronically using the Electronic Grant submission of your grant application by later date. Application System (e-Application) 4:30 p.m., Washington, DC time, on the Application Deadline Date Extension available through the Department’s e- application deadline date. The e- in Case of e-Application System Grants system. For information Application system will not accept an Unavailability: If you are prevented (including dates and times) about how application for this competition after from electronically submitting your to submit your application 4:30 p.m., Washington, DC time, on the application on the application deadline electronically, or by mail or hand application deadline date. Therefore, we date because the e-Application system is delivery if you qualify for an exception strongly recommend that you do not unavailable, we will grant you an to the electronic submission wait until the application deadline date extension of one business day in order requirement, please refer to section IV. to begin the application process. to transmit your application 6. Other Submission Requirements in • The regular hours of operation of electronically, by mail, or by hand this notice. the e-Grants Web site are 6 a.m. Monday delivery. We will grant this extension We do not consider an application until 7 p.m. Wednesday; and 6 a.m. if— that does not comply with the deadline Thursday until midnight Saturday, (1) You are a registered user of e- requirements. Washington, DC time. Please note that Deadline for Intergovernmental Application and you have initiated an the system is unavailable on Sundays, Review: May 31, 2005. electronic application for this 4. Intergovernmental Review: This and between 7 p.m. on Wednesdays and competition; and program is subject to Executive Order 6 a.m. on Thursdays, Washington, DC (2) (a) The e-Application system is 12372 and the regulations in 34 CFR time, for maintenance. Any unavailable for 60 minutes or more part 79. Information about modifications to these hours are posted between the hours of 8:30 a.m. and 3:30 on the e-Grants Web site. p.m., Washington, DC time, on the Intergovernmental Review of Federal • Programs under Executive Order 12372 You will not receive additional application deadline date; or is in the application package for this point value because you submit your (b) The e-Application system is program. application in electronic format, nor unavailable for any period of time 5. Funding Restrictions: We reference will we penalize you if you qualify for between 3:30 p.m. and 4:30 p.m., regulations outlining funding an exception to the electronic Washington, DC time, on the restrictions in the Applicable submission requirement, as described application deadline date. Regulations section of this notice. elsewhere in this section, and submit We must acknowledge and confirm 6. Other Submission Requirements: your application in paper format. these periods of unavailability before Applications for grants under this • You must submit all documents granting you an extension. To request competition must be submitted electronically, including the this extension or to confirm our electronically, unless you qualify for an Application for Federal Education acknowledgement of any system exception to this requirement in Assistance (ED 424), Budget unavailability, you may contact either accordance with the instructions in this Information—Non-Construction (1) the person listed elsewhere in this section. Programs (ED 524, and all necessary notice under FOR FURTHER INFORMATION We will reject your application if you assurances and certifications. CONTACT (see VII. Agency Contact) or (2) submit it in paper format unless, as • Any narrative sections of your the e-Grants help desk at 1–888–336– described elsewhere in this section, you application should be attached as files 8930. If the system is down and qualify for one of the exceptions to the in a .DOC (document), .RTF (rich text), therefore the application deadline is electronic submission requirement and or .PDF (Portable Document) format. extended, an e-mail will be sent to all submit, no later than two weeks before • Your electronic application must registered users who have initiated an e- the application deadline date, a written comply with any page limit Application. Extensions referred to in statement to the Department that you requirements described in this notice. this section apply only to the qualify for one of these exceptions. • Prior to submitting your electronic unavailability of the Department’s e- Further information regarding application, you may wish to print a Application system. calculation of the date that is two weeks copy of it for your records. Exception to Electronic Submission before the application deadline date is • After you electronically submit Requirement: You qualify for an provided later in this section under your application, you will receive an exception to the electronic submission Exception to Electronic Submission automatic acknowledgement that will requirement, and may submit your Requirement. include a PR/Award number (an application in paper format, if you are a. Electronic Submission of identifying number unique to your unable to submit an application through Applications. application). the e-Application system because—
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• You do not have access to the (4) Any other proof of mailing If your application is not evaluated or Internet; or acceptable to the Secretary of the U.S. not selected for funding, we notify you. • You do not have the capacity to Department of Education. 2. Administrative and National Policy upload large documents to the If you mail your application through Requirements: We identify Department’s e-Application system; and the U.S. Postal Service, we do not administrative and national policy • No later than two weeks before the accept either of the following as proof requirements in the application package application deadline date (14 calendar of mailing: and reference these and other days or, if the fourteenth calendar day (1) A private metered postmark, or requirements in the Applicable before the application deadline date (2) A mail receipt that is not dated by Regulations section of this notice. falls on a Federal holiday, the next the U.S. Postal Service. We reference the regulations outlining business day following the Federal If your application is postmarked after the terms and conditions of an award in holiday), you mail or fax a written the application deadline date, we will the Applicable Regulations section of statement to the Department, explaining not consider your application. this notice and include these and other which of the two grounds for an Note: The U.S. Postal Service does not specific conditions in the GAN. The exception prevent you from using the uniformly provide a dated postmark. Before GAN also incorporates your approved Internet to submit your application. If relying on this method, you should check application as part of your binding you mail your written statement to the with your local post office. commitments under the grant. Department, it must be postmarked no c. Submission of Paper Applications 3. Reporting: At the end of your later than two weeks before the by Hand Delivery. project period, you must submit a final application deadline date. If you fax If you qualify for an exception to performance report, including financial your written statement to the electronic submission requirement, you information, as directed by the Department, we must receive the faxed (or a courier service) may deliver your Secretary. If you receive a multi-year statement no later than two weeks paper application to the Department by award, you must submit an annual before the application deadline date. hand. You must deliver the original and performance report that provides the Address and mail or fax your two copies of your application, by hand, most current performance and financial statement to: Pedro Romero, U.S. on or before the application deadline expenditure information as specified by Department of Education, 400 Maryland date, to the Department at the following the Secretary in 34 CFR 75.118. 4. Performance Measures: Under the Avenue, SW., room 5029, Potomac address: Government Performance and Results Center Plaza, Washington, DC 20202– U.S. Department of Education, Act (GPRA), a measure has been 2800. Fax: (202) 245–7645. Application Control Center, Attention: developed for evaluating the overall Your paper application must be (CFDA Number 84.128J), 550 12th effectiveness of the Recreational submitted in accordance with the mail Street, SW., Room 7041, Potomac Center Programs: the percentage of projects in or hand delivery instructions described Plaza, Washington, DC 20202–4260. operation one, two, and three years after in this notice. The Application Control Center Federal funding ends. The b. Submission of Paper Applications accepts hand deliveries daily between 8 Rehabilitation Services Administration by Mail. a.m. and 4:30 p.m., Washington, DC (RSA) collects data on this measure by If you qualify for any exception to the time, except Saturdays, Sundays, and Federal holidays. Note for Mail or Hand contacting grantees once a year after the electronic submission requirement, you project period has ended. All grantees may mail (through the U.S. Postal Delivery of Paper Applications: If you mail or hand deliver your application to will be expected to submit an annual Service or a commercial carrier) your performance report documenting their application to the Department. You the Department: (1) You must indicate on the envelope success in maintaining the same level of must mail the original and two copies and—if not provided by the service over their three-year project of your application, on or before the Department—in Item 4 of the ED 424 the period and to provide information to application deadline date, to the CFDA number—and suffix letter, if RSA when they are contacted about Department at the applicable following any—of the competition under which their on-going activities after the project address: you are submitting your application. period has ended. By mail through the U.S. Postal (2) The Application Control Center VII. Agency Contact Service: U.S. Department of Education, will mail a grant application receipt Application Control Center, Attention: acknowledgment to you. If you do not FOR FURTHER INFORMATION CONTACT: (CFDA Number 84.128J), 400 Maryland receive the grant application receipt Pedro Romero, U.S. Department of Avenue, SW., Washington, DC 20202– acknowledgment within 15 business Education, 400 Maryland Avenue, SW., 4260; or days from the application deadline date, room 5029, Potomac Center Plaza, By mail through a commercial carrier: you should call the U.S. Department of Washington, DC 20202–2800. U.S. Department of Education, Education Application Control Center at Telephone: (202) 245–7645. Application Control Center—Stop 4260, (202) 245–6288. If you use a telecommunications Attention: (CFDA Number 84.128J), device for the deaf (TDD), you may call 7100 Old Landover Road, Landover, MD V. Application Review Information the Federal Information Relay Service 20785–1506. Selection Criteria: The selection (FIRS) at 1–800–877–8339. Regardless of which address you use, criteria for this competition are in the Individuals with disabilities may you must show proof of mailing application package. obtain this document in an alternative consisting of one of the following: format (e.g., Braille, large print, VI. Award Administration Information (1) A legibly dated U.S. Postal Service audiotape, or computer diskette) on postmark, 1. Award Notices: If your application request to the program contact person (2) A legible mail receipt with the is successful, we notify your U.S. listed in this section. date of mailing stamped by the U.S. Representative and U.S. Senators and Postal Service, send you a Grant Award Notification VIII. Other Information (3) A dated shipping label, invoice, or (GAN). We may also notify you Electronic Access to This Document: receipt from a commercial carrier, or informally. You may view this document, as well as
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all other documents of this Department FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF ENERGY published in the Federal Register, in Bernard Garcia, Group Leader, Office of text or Adobe Portable Document Indian Education, U.S. Department of Energy Information Administration Format (PDF) on the Internet at the Education, 400 Maryland Avenue, SW., Agency Information Collection following site: http://www.ed.gov/news/ Washington, DC 20202. Telephone: Activities: Proposed Collection; fedregister. 202–260–1454. Fax: 202–260–7779. To use PDF you must have Adobe Comment Request SUPPLEMENTARY INFORMATION: The Acrobat Reader, which is available free AGENCY: Energy Information Council advises the Secretary of at this site. If you have questions about Administration (EIA), Department of Education on the funding and using PDF, call the U.S. Government Energy (DOE). Printing Office (GPO), toll free, at 1– administration (including the ACTION: Agency Information Collection 888–293–6498; or in the Washington, development of regulations, and administrative policies and practices) of Activities: Proposed Collection; DC, area at (202) 512–1530. Comment Request. Note: The official version of this document any program over which the Secretary is the document published in the Federal has jurisdiction and includes Indian SUMMARY: The EIA is soliciting Register. Free Internet access to the official children or adults as participants or comments on the proposed three-year edition of the Federal Register and the Code programs that may benefit Indian extension to the EIA–882T, ‘‘Generic of Federal Regulations is available on GPO children or adults, including any Clearance for Questionnaire Testing, Access at: http://www.gpoaccess.gov/nara/ program established under Title VII, Evaluation, and Research.’’ index.html. Part A of the ESEA. The Council DATES: Comments must be filed by April Dated: February 2, 2005. submits to the Congress, not later than 8, 2005. If you anticipate difficulty in John H. Hager, June 30 of each year, a report on the submitting comments within that Assistant Secretary for Special Education and activities of the Council that includes period, contact the person listed below Rehabilitative Services. recommendations the Council considers as soon as possible. [FR Doc. 05–2310 Filed 2–4–05; 8:45 am] appropriate for the improvement of ADDRESSES: Send comments to Kara BILLING CODE 4000–01–P Federal education programs that include Norman. To ensure receipt of the Indian children or adults as participants comments by the due date, submission or that may benefit Indian children or by FAX (202–287–1705) or e-mail DEPARTMENT OF EDUCATION adults, and recommendations ([email protected]) is concerning the funding of any such recommended. The mailing address is Meeting of the National Advisory program. Statistics and Methods Group, EI–70, Council on Indian Education The general public is welcome to Forrestal Building, U.S. Department of Energy, Washington, DC 20585. AGENCY: National Advisory Council on attend the February 17, 2005 meeting to Indian Education (NACIE), U.S. be held from 9 a.m. to 4 p.m. Alternatively, Kara Norman may be contacted by telephone at 202–287– Department of Education. Washington, DC. Individuals who need 1902. ACTION: Notice of meeting. accommodations for a disability in order to participate (i.e., interpreting services, FOR FURTHER INFORMATION CONTACT: SUMMARY: This notice sets forth the assistive listening devices, materials in Requests for additional information or schedule and proposed agenda of an alternative format) should notify copies of any forms and instructions upcoming meeting of the National Bernard Garcia at 202–260–1454 by should be directed to Kara Norman at Advisory Council on Indian Education February 11, 2005, We will attempt to the address listed above. (the Council) and is intended to notify meet requests after this date, but cannot SUPPLEMENTARY INFORMATION: the general public of their opportunity guarantee availability of the requested I. Background to attend. This notice also describes the accommodation. The meeting site is II. Current Actions functions of the Council. Notice of the accessible to individuals with III. Request for Comments Council’s meetings is required under disabilities. Section 10(a)(2) of the Federal Advisory I. Background Committee Act and by the Council’s A summary of the activities of the The Federal Energy Administration charter. meeting and other related materials that Act of 1974 (Pub. L. 93–275, 15 U.S.C. Agenda: During the meeting, NACIE are informative to the public and will be 761 et seq.) and the DOE Organization members will receive an Ethics briefing available to the public within 14 days Act (Pub. L. 95–91, 42 U.S.C. 7101 et from the Office of the General Counsel’s after the meeting. Records are kept of all seq.) require the EIA to carry out a Ethics Division, will discuss the Council proceedings and are available centralized, comprehensive, and unified upcoming reauthorization of the for public inspection at the Office of energy information program. This Elementary and Secondary Education Indian Education, United States program collects, evaluates, assembles, Act (ESEA), and will be briefed by OGC Department of Education, Room 5C141, analyzes, and disseminates information and an outside expert on the legislative 400 Maryland Avenue, SW., on energy resource reserves, production, history of various laws impacting Indian Washington, DC 20202. demand, technology, and related education. economic and statistical information. Date and Time: February 17, 2005; 9 Margaret Spellings, This information is used to assess the a.m. to 4 p.m. Secretary, U.S. Department of Education. adequacy of energy resources to meet Location: The Department of [FR Doc. 05–2281 Filed 2–4–05; 8:45 am] near and longer term domestic Education, Bernard Auditorium, FOB–6, BILLING CODE 4000–01–M demands. 400 Maryland Avenue, SW., The EIA, as part of its effort to comply Washington, DC 20202. Note: Attendees with the Paperwork Reduction Act of will be required to show picture 1995 (Pub. L. 104–13, 44 U.S.C. Chapter identification to enter the building. 35), provides the general public and
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other Federal agencies with statistically representative samples. The the actions discussed in item II. The opportunities to comment on collections pilot surveys will replicate components following guidelines are provided to of energy information conducted by or of the methodological design, sampling assist in the preparation of comments. in conjunction with the EIA. Any procedures (where possible), and General Issues: comments received help the EIA to questionnaires of a full-scale survey. prepare data requests that maximize the Pilot surveys may be utilized when EIA A. Is the proposed collection of utility of the information collected, and is undertaking a complete revamping of information necessary for the proper to assess the impact of collection a survey methodology (e.g., moving to performance of the functions of the requirements on the public. Also, the computer-assisted information agency and does the information have EIA will later seek approval by the collections) or when EIA is undertaking practical utility? Practical utility is Office of Management and Budget a new information collection. defined as the actual usefulness of (OMB) under Section 3507(a) of the 3. Focus groups. Focus groups involve information to or for an agency, taking Paperwork Reduction Act of 1995. group sessions guided by a monitor who into account its accuracy, adequacy, The EIA–882T is a generic clearance, follows a topical outline containing reliability, timeliness, and the agency’s which is a plan for conducting one or questions or topics focused on a ability to process the information it more customer surveys. A generic particular issue, rather than adhering to collects. clearance is considered only when EIA a standardized questionnaire. Focus is able to demonstrate that there is a groups are useful for surfacing and B. What enhancements can be made need for multiple, similar collections, exploring issues. Focus groups are to the quality, utility, and clarity of the but that the specifics of each collection typically used with specific groups of information to be collected? cannot be determined until shortly stakeholders. As a Potential Respondent to the before the data are to be collected. The 4. Cognitive interviews. Cognitive Request for Information: EIA–882T is used to conduct various interviews are one-on-one interviews in A. What actions could be taken to projects, including pretest/pilot surveys which a respondent is typically asked to help ensure and maximize the quality, (in-person interviews, telephone ‘‘think aloud’’ as he or she answers interviews, mail questionnaires, and survey questions, reads survey objectivity, utility, and integrity of the electronic reporting options), focus materials, or completes other activities information to be collected? groups, and cognitive interviews. The as part of a survey process. A number B. Public reporting burden for this information collections that would be of different techniques may be involved, collection is estimated to average .25 conducted as part of this approval will including asking respondents to hours (15 minutes) per response. The facilitate EIA’s use of techniques to paraphrase questions, probing questions estimated burden includes the total time improve our current information to determine how respondents come up necessary to provide the requested collections and to develop new with their answers, and similar information. In your opinion, how collections. Further goals are reduced inquiries. The objective is to identify accurate is this estimate? respondent burden and improving the problems of ambiguity, C. The agency estimates that the only quality of the information collected. The misunderstanding, or other difficulties number and type of respondents varies respondents have answering questions. cost to a respondent is for the time it depending on the activities being This may be used as the first stage of will take to complete the collection. conducted. The 882T was last extended questionnaire development. Will a respondent incur any start-up for three years on August 16, 2002, and A wide variety of uses are made of the costs for reporting, or any recurring expires August 31, 2005. data obtained through this generic annual costs for operation, maintenance, The information collections will clearance. These projects represent and purchase of services associated with include: significant strides in our efforts to the information collection? 1. Pretests. Pretest methods will improve the pretesting of EIA surveys. As a Potential User of the Information include face-to-face interviews, As EIA gains more experience, we are To Be Collected: telephone interviews, mail broadening our involvement in testing, questionnaires, and electronic evaluation, and research, including A. What actions could be taken to questionnaires. Pretests conducted will working with staff at the National help ensure and maximize the quality, generally be methodological studies of Science Foundation. objectivity, utility, and integrity of the limited size, normally involving either information disseminated? II. Current Actions purposive or statistically representative Comments submitted in response to samples. They will include a variety of EIA plans to request a three-year this notice will be summarized and/or surveys, the exact nature and sample extension of the OMB approval for this included in the request for OMB designs will be determined at the time collection. No changes are being approval of the form. They also will of development of the pretests. The proposed to the types of surveys being become a matter of public record. samples will be designed to clarify conducted under the generic clearance. particular issues rather than to be For each information collection that EIA Statutory Authority: Section 3507(h)(1) of representative of the universe. proposes to undertake under this the Paperwork Reduction Act of 1995 (Pub. Collection may be on the basis of generic clearance, OMB will be notified L. 104–13, 44 U.S.C. Chapter 35). convenience, e.g., limited to specific at least two weeks in advance, and Issued in Washington, DC, February 1, geographic locations. The needs of a provided with an information copy of 2005. particular sample will vary based on the the collection instrument and all other Jay H. Casselberry, content of the information collection materials describing the testing activity. being tested, but the selection of sample Agency Clearance Officer, Statistics and EIA will only undertake a collection if Methods Group, Energy Information cases will be made using sound OMB does not object to EIA’s proposal. Administration. statistical procedures. 2. Pilot surveys. Pilot surveys will III. Request for Comments [FR Doc. 05–2272 Filed 2–4–05; 8:45 am] generally be methodological studies of Prospective respondents and other BILLING CODE 6450–01–P limited size, but will always employ interested parties should comment on
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DEPARTMENT OF ENERGY participants, as well as all state (KCPL) submitted a compliance filing commissions within the region. In pursuant to the Commission’s Order Federal Energy Regulatory addition, the Midwest ISO states that issued December 28, 2004 in Docket No. Commission the filing has been electronically posted ER05–177–000. KCPL states that this on the Midwest ISO’s Web site at filing pertains to service schedules for [Docket No. EL01–51–006, et al.] http://www.midwestiso.org under the the City of Salisbury, Missouri. The Detroit Edison Company, et al.; heading ‘‘Filings to FERC’’ for other KCPL states that copies of the filing Electric Rate and Corporate Filings interested parties in this matter. The were served upon the City of Salisbury, Midwest ISO indicates that it will Missouri as well as the Missouri Public January 31, 2005. provide hard copies to any interested Service Commission and the Kansas The following filings have been made party upon request. State Corporation Commission. with the Commission. The filings are Comment Date: 5 p.m. eastern time on Comment Date: 5 p.m. eastern time on listed in ascending order within each February 9, 2005. February 15, 2005. docket classification. 4. Merrill Lynch Commodities, Inc. 8. Kansas City Power & Light Company 1. The Detroit Edison Company [Docket No. ER04–925–002] [Docket No. ER05–177–008] [Docket Nos. EL01–51–006 and ER01–1649– Take notice that on January 25, 2005, Take notice that on January 25, 2005, 006] Merrill Lynch Commodities, Inc. (MLCI) Kansas City Power & Light Company Take notice that on January 21, 2005, tendered for filing a non-material (KCPL) submitted a compliance filing The Detroit Edison Company filed change in characteristics that the pursuant to the Commission’s Order revised pages of its Distribution Commission relied upon in granting issued December 28, 2004 in Docket No. Interconnection Agreement with MLCI market-based rate authorization ER05–177–000. KCPL states that this Dearborn Industrial Generation, LLC, under section 205 of the Federal Power filing pertains to service schedules for pursuant to the Commission’s order in Act. the City of Osawatomie, Kansas. Detroit Edison Company, 109 FERC Comment Date: 5 p.m. eastern time on KCPL states that copies of the filing ¶ 61,329 (2004). February 15, 2005. were served upon the City of Osawatomie, Kansas as well as the Comment Date: 5 p.m. eastern time on 5. Oregon Electric Utility Company, Missouri Public Service Commission February 11, 2005. Portland General Electric Company, and the Kansas State Corporation Portland General Term Power, 2. Condon Wind Power, LLC Commission. Procurement Company [Docket No. ER02–305–004] Comment Date: 5 p.m. eastern time on [Docket No. ER04–1206–002] February 15, 2005. Take notice that on January 26, 2005, Take notice that on January 21, 2005, Condon Wind Power, LLC (Condon) 9. City Power Marketing LLC Oregon Electric Utility Company tendered for filing its triennial updated (OEUC), Portland General Electric [Docket No. ER05–330–001] market analysis in compliance with the Company (PGE) and Portland General Take notice that on January 25, 2005, Commission’s Order issued on Term Power Procurement Company City Power Marketing LLC, submitted December 19, 2001 in Docket No. ER02– (PPC), filed a supplement to their additional information regarding its 305–000. January 18, 2004 filing in Docket No. December 14, 2004 filing in Docket No. Comment Date: 5 p.m. eastern time on ER04–1206–002 submitted in response ER05–330–000 for acceptance of initial February 16, 2005. to the deficiency letter issued December rate schedule, request for waivers and 3. Midwest Independent Transmission 17, 2004 in Docket Nos. ER04–1206–000 blanket authority. System Operator, Inc. and 001. Comment Date: 5 p.m. eastern time on Comment Date: 5 p.m. eastern time on February 15, 2005. [Docket Nos. ER02–2595–007] February 10, 2005. Take notice that on January 19, 2005, 10. MidAmerican Energy Company the Midwest Independent Transmission 6. The Union Light, Heat and Power [Docket No. ER05–482–000] Company, The Cincinnati Gas & System Operator, Inc. (Midwest ISO) Take notice that on January 24, 2005, Electric Company tendered for filing revisions to MidAmerican Energy Company Schedules 16 and 17 of its Open Access [Docket No. ER04–1248–001] (MidAmerican) filed with the Transmission and Energy Markets Take notice that on January 26, 2005, Commission an Electric Transmission Tariff, FERC Electric Tariff, Third The Union Light, Heat and Power Interconnection Agreement between Revised Volume No. 1. Company (ULH&P) and The Cincinnati MidAmerican and Corn Belt Power The Midwest ISO states that the Gas & Electric Company (CG&E) filed an Cooperative. MidAmerican requests an purpose of the proposed revisions is to amendment to their September 27, 2004 effective date of January 1, 2005 for the increase the amortization period for filing in response to the Commission’s Agreement. certain schedule 16 and 17 pre- deficiency letter issued on January 11, MidAmerican states it has served a operating expenses from five (5) to 2005 in Docket No. ER04–1248–000. copy of the filing on Corn Belt Power seven (7) years. The Midwest ISO ULH&P and CG&E state that copies of Cooperative, the Iowa Utilities Board, requests an effective date of April 1, the filing were served on parties on the the Illinois Commerce Commission and 2005. official service list in Docket No. ER04– the South Dakota Public Utilities The Midwest ISO states that it has 1248. Commission. electronically served a copy of this Comment Date: 5 p.m. eastern time on Comment Date: 5 p.m. eastern time on filing, with its attachments, upon all February 16, 2005. February 14, 2005. Midwest ISO members, member 7. Kansas City Power & Light Company 11. Union Electric Company representatives of transmission owners and non-transmission owners, the [Docket No. ER05–177–007] [Docket No. ER05–485–000] Midwest ISO advisory committee Take notice that on January 25, 2005, Take notice that on January 25, 2005, participants, policy subcommittee Kansas City Power & Light Company Union Electric Company d/b/a
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AmerenUE (AmerenUE) filed an Comment Date: 5 p.m. eastern time on Comment Date: 5 p.m. eastern time on amendment to the Interchange February 16, 2005. February 16, 2005. Agreement between AmerenUE and 15. ISO New England Inc. and New 19. K2 Development LLC Associated Electric Cooperative, England Power Pool Incorporated (Associated). AmerenUE [Docket No. ER05–496–000] requests an effective date of March 26, [Docket No. ER05–492–000] Take notice that on January 26, 2005, 2005. Take notice that on January 26, 2005, K2 Development LLC submitted a Ameren UE states that copies of the ISO New England Inc.(ISO) and the New Notice of Cancellation of its Rate filing were served on Associated, the England Power Pool (NEPOOL) Schedule FERC No. 1. Midwest Independent Transmission Participants Committee filed an Comment Date: 5 p.m. eastern time on System Operator, Inc. and the Missouri amendment to NEPOOL Market Rule 1, February 16, 2005. Public Service Commission. section 7.3.5, and the same amendment 20. United States Department of Energy Comment Date: 5 p.m. eastern time on to section III.7.3.5 of the Transmission, Western Area Power Administration February 15, 2005. Markets and Service Tariff of ISO New England Inc., FERC Electric Tariff No. 3. [Docket No. NJ05–1–000] 12. PJM Interconnection, L.L.C. Take notice that on January 26, 2005, Commonwealth Edison Company ISO and NEPOOL state that the amendments permit negative Financial the United States Department of [Docket No. ER05–488–000] Transmission Rights bids in the New Energy—Western Area Power Take notice that on January 25, 2005, England market. Administration (western), filed a non- Commonwealth Edison Company ISO and NEPOOL state that copies of jurisdictional modification to its Open (ComEd) and PJM Interconnection, the filing were sent to the New England Access Transmission Tariff (OATT), L.L.C. (PJM) filed a Notice of state governors and regulatory agencies including Large Generator Termination of Third Substitute First and the participants in NEPOOL. Interconnection Procedures and Large Revised Service Agreement No. 1032 Comment Date: 5 p.m. eastern time on Generator Interconnection Agreement. under PJM’s Open Access Transmission February 16, 2005. Western has requested an effective date Tariff, Sixth Revised Volume No. 1, of February 25, 2005. 16. Saracen Energy LP Financial Hold Harmless Service Comment Date: 5 p.m. eastern time on Agreement (Agreement). ComEd and [Docket No. ER05–493–000] February 16, 2005. PJM request that termination of the Take notice that on January 26, 2005, Standard Paragraph Agreement shall be effective once Saracen Energy LP submitted an Any person desiring to intervene or to ComEd makes the payments specified in application for Commission protest this filing must file in the settlement agreements with the authorization to engage in wholesale accordance with Rules 211 and 214 of Michigan and Wisconsin Utilities. sale of electricity at market-based rates, the Commission’s Rules of Practice and Comment Date: 5 p.m. eastern time on Commission acceptance of its Rate Procedure (18 CFR 385.211 and February 15, 2005. Schedule FERC No. 1, the granting of 385.214). Protests will be considered by 13. Southern California Edison certain blanket approvals, and the the Commission in determining the Company waiver of certain of the Commission’s appropriate action to be taken, but will Regulations. not serve to make protestants parties to [Docket No. ER05–489–000] Comment Date: 5 p.m. eastern time on the proceeding. Any person wishing to Take notice that on January 26, 2005, February 16, 2005. become a party must file a notice of Southern California Edison Company 17. Saracen Energy Power Advisors LP intervention or motion to intervene, as (SCE) submitted revised rate sheets to appropriate. Such notices, motions, or the Amended and Restated Huntington [Docket No. ER05–494–000] protests must be filed on or before the Beach Generating Station Radial Lines Take notice that on January 26, 2005, comment date. Anyone filing a motion Agreement (Agreement) between SCE Saracen Energy Power Advisors LP to intervene or protest must serve a copy and AES Huntington Beach, L.L.C. submitted an application for of that document on the Applicant and (AES). SCE requests an effective date of Commission authorization to engage in all parties to this proceeding. April 6, 2001. wholesale sale of electricity at market- The Commission encourages SCE states that copies of the filing based rates, Commission acceptance of electronic submission of protests and were served upon the Public Utilities its Rate Schedule FERC interventions in lieu of paper using the Commission of the State of California No. 1, the granting of certain blanket ‘‘eFiling’’ link at http://www.ferc.gov. and AES. approvals, and the waiver of certain of Persons unable to file electronically Comment Date: 5 p.m. eastern time on the Commission’s Regulations. should submit an original and 14 copies February 16, 2005. Comment Date: 5 p.m. eastern time on of the protest or intervention to the February 16, 2005. 14. Southwest Power Pool, Inc. Federal Energy Regulatory Commission, 18. Saracen Merchant Energy LP 888 First Street, NE., Washington, DC [Docket No. ER05–490–000] 20426. Take notice that on January 26, 2005, [Docket No. ER05–495–000] This filing is accessible on-line at Southwest Power Pool, Inc. (SPP) Take notice that on January 26, 2005, http://www.ferc.gov, using the submitted for filing an executed service Saracen Merchant Energy LP submitted ‘‘eLibrary’’ link and is available for agreement for Firm Point-To-Point an application for Commission review in the Commission’s Public Transmission Service with authorization to engage in wholesale Reference Room in Washington, DC. Southwestern Public Service Company sale of electricity at market-based rates, There is an ‘‘eSubscription’’ link on the (Southwestern). SPP seeks an effective Commission acceptance of its Rate Web site that enables subscribers to date of January 1, 2005 for the service Schedule FERC No. 1, the granting of receive email notification when a agreement. certain blanket approvals, and the document is added to a subscribed SPP states that Southwestern was waiver of certain of the Commission’s docket(s). For assistance with any FERC served with a copy of this filing. Regulations. Online service, please email
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[email protected], or call SUPPLEMENTARY INFORMATION: Meeting Accommodations: (866) 208–3676 (toll free). For TTY, call Background: The Office of Solid Individuals requiring special (202) 502–8659. Waste and Emergency Response accommodation to access these meetings, should contact Dr. Stallworth Linda Mitry, (OSWER) has issued a draft study of the benefits of the Superfund program. This at least five business days prior to the Deputy Secretary. draft study is entitled Superfund meeting so that appropriate [FR Doc. E5–453 Filed 2–4–05; 8:45 am] Benefits Analysis and may be found at: arrangements can be made. BILLING CODE 6717–01–P http://www.epa.gov/superfund/news/ Dated: January 25, 2005. benefits.htm. OSWER has requested the Vanessa T. Vu, SAB for advice on its Superfund ENVIRONMENTAL PROTECTION Director, EPA Science Advisory Board Staff Benefits Analysis. A ‘‘widecast’’ Office. AGENCY soliciting expertise for the Superfund [FR Doc. 05–2307 Filed 2–4–05; 8:45 am] [FRL–7870–1] Benefits Analysis Advisory Panel was published in a Notice on July 30, 2004 BILLING CODE 6560–50–P Science Advisory Board Staff Office (69 FR 45705–45706). Notification of an Upcoming Meeting of On February 11, 2005, the SAB Panel FEDERAL COMMUNICATIONS the Science Advisory Board; will discuss charge questions and COMMISSION. Superfund Benefits Analysis Advisory general plans for the advisory meeting Panel that will follow. The charge questions to [Report No. AUC–05–60 (Auction No. 60); DA 05–171] AGENCY: Environmental Protection this Panel will be posted at the SAB Agency (EPA). Web site at: http://www.epa.gov/sab/ panels/sba_adv_panel.htm prior to the Auction of Lower 700 MHZ Band ACTION: Notice. meeting. On February 24–25, panelists Licenses Scheduled for July 20, 2005 Comment Sought On Reserve Prices SUMMARY: The EPA Science Advisory will review the EPA’s draft Superfund Board (SAB) Staff Office announces two Benefits Analysis and discuss responses OR Minimum Opening Bids and Other public meetings of the SAB Superfund to charge questions. Meeting materials Procedures for Auction No. 60 Benefits Analysis Advisory Panel. and agendas for the February 11, 2005 AGENCY: Federal Communications DATES: February 11, 2005. A public teleconference and for the face-to-face Commission. meeting of February 24–25, 2005 will be teleconference of the SAB Superfund ACTION: Notice. Benefits Analysis Advisory Panel will posted on the SAB Web site prior to be held from 2 p.m. to 4 p.m. Eastern each meeting. SUMMARY: This document announces the time on February 11, 2005. Procedures for Providing Public auction of five licenses in the lower 700 February 24–25, 2005. A public Comment: It is the policy of the SAB MHz band C Block (710–716/740–746 meeting of the Superfund Benefits Staff Office to accept written public MHz) licenses scheduled to commence Analysis Advisory Panel will be held on comments of any length, and to on July 20, 2005 (Auction No. 60). This February 24–25, 2005 in the SAB accommodate oral public comments document also seeks comment on Conference Center at 1025 F Street, whenever possible. The SAB Staff Office reserve prices or minimum opening bids NW., Washington, DC 20004. expects that public statements presented and other procedures for Auction No. FOR FURTHER INFORMATION CONTACT: at the Panel’s meetings will not be 60. repetitive of previously submitted oral Members of the public who wish to DATES: Comments are due on or before or written statements. Oral Comments: submit written or brief oral comments February 11, 2005, and reply comments Requests to provide oral comments must (five minutes or less) must contact Dr. are due on or before February 18, 2005. Holly Stallworth, Designated Federal be in writing (e-mail, fax or mail) and ADDRESSES: Officer, at telephone: (202) 343–9867 or received by Dr. Stallworth no later than Comments and reply via e-mail at: [email protected]. five business days prior to the comments must be sent by electronic Requests to provide oral comments must teleconference in order to reserve time mail to the following address: auction60 be in writing (e-mail, fax or mail) and on the meeting agenda. For @fcc.gov. received by Dr. Stallworth no later than teleconferences, opportunities for oral FOR FURTHER INFORMATION CONTACT: For five business days prior to the meeting comment will usually be limited to no legal questions: Howard Davenport in order to reserve time on the meeting more than three minutes per speaker (202) 418–0660. For general auction agenda. It is the policy of the EPA and no more than fifteen minutes total. questions: Roy Knowles or Lisa Stover Science Advisory Board Staff Office to Written Comments: Although written at (717) 338–2888. For service rule accept written public comments of any comments are accepted until the date of questions, contact the Mobility Division, length, and to accommodate oral public the meeting (unless otherwise stated), Wireless Telecommunications Bureau, comments whenever possible. Any written comments should be received in as follows: Erin McGrath, Keith Harper, member of the public wishing further the SAB Staff Office at least five or JoAnn Epps at (202) 418–0620. information regarding the SAB or the business days prior to the meeting date SUPPLEMENTARY INFORMATION: This is a Superfund Benefits Analysis Advisory so that the comments may be made summary of the Commission’s Public Panel may also contact Dr. Stallworth, available to the committee for their Notice released January 26, 2005 or visit the SAB Web site at: http:// consideration. Comments should be Auction No. 60 Comment Public Notice. www.epa.gov/sab/. supplied to the DFO at the address/ The complete text of the Auction No. 60 Technical Contact: The technical contact information noted above in the Comment Public Notice, including contact in EPA’s Office of Solid Waste following formats: one hard copy with attachments and any related and Emergency Response for the original signature, and one electronic Commission documents is available for Superfund Benefits Analysis is Ms. copy via e-mail (acceptable file format: public inspection and copying during Melissa Friedland who can be reached Adobe Acrobat, WordPerfect, Word, or regular business hours at the FCC at (703) 603–8864 or Rich Text files (in IBM-PC/Windows 98/ Reference Information Center, Portals II, [email protected]. 2000/XP format). 445 12th Street, SW., Room CY–A257,
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Washington, DC 20554. The Auction No. number (for example, FCC 01–364 for commence on July 20, 2005 (auction No. 60 Comment Public Notice and related the lower 700 MHz Report and Order). 60). This auction will include the C Commission documents may also be The Auction No. 60 Comment Public Block Metropolitan Statistical Area purchased from the Commission’s Notice and related documetns are also (MSA) and Rural Service Area (RSA) duplicating contractor, Best Copy and available on the Internet at the licenses that remain unsold in Auction Printing, Inc. (BCPI), Portals II, 445 12th Commission’s Website: http:// No. 49, which closed on June 13, 2003. Street, SW., Room CY–B402, wireless.fcc.gov/auctions/60/. The C block is a 12-megahertz spectrum Washington, DC, 20554, telephone 202– I. General Information block, consisting of a pair of 6- 488–5300, facsimile 202–488–5563, or 1. By the Auction No. 60 Comment megahertz segments. A complete list of you may contact BCPI at its Website: Public Notice, the Wireless licenses available for Auction No. 60 is http://www.BCPIWEB.com. When Telecommunications Bureau (‘‘Bureau’’) set forth both below and in Attachment ordering documents from BCPI, please announces the auction of lower 700 A of Auction No. 60 Comment Public provide the appropriate FCC document MHz band licenses, scheduled to Notice.
Market no. Market name License no. Block Frequency
CMA169 ...... Mayaguez, PR ...... WZ–CMA169–C ...... C ...... 710–716, 740–746 CMA202 ...... Arecibo, PR ...... WZ–CMA202–C ...... C ...... 710–716, 740–746 CMA723 ...... Puerto Rico 1—Rincon ...... WZ–CMA723–C ...... C ...... 710–716, 740–746 CMA727 ...... Puerto Rico 5—Ceiba ...... WZ–CMA727–C ...... C ...... 710–716, 740–746 CMA729 ...... Puerto Rico 7—Culebra ...... WZ–CMA729–C ...... C ...... 710–716, 740–746
2. Auction No. 60 will be the first bidder to establish eligibility to bid on provisionally winning bids on) in any auction to use the FCC’s Integrated licenses. Upfront payments related to single round, and submit an upfront Spectrum Auction System (‘‘ISAS or the specific spectrum subject to auction payment amount covering that total FCC Auction System’’), an extensive protect against frivolous or insincere number of bidding units. Provisionally redesign of the previous auction bidding and provide the Commission winning bids are bids that would application and bidding systems. The with a source of funds from which to become final winning bids if the auction redesign includes FCC Form 175 collect payments owed at the close of were to close in that given round. The application enhancements such as the auction. With these guidelines in Bureau seeks comment on this proposal. discrete data elements in place of free- mind for Auction No. 60, the Bureau C. Activity Rules form exhibits and improved data proposes to calculate upfront payments accuracy through automated checking of on a license-by-license basis using a 6. In order to ensure that the auction FCC Form 175 applications. formula based on bandwidth and closes within a reasonable period of Enhancements have also been made to license area population: time, an activity rule requires bidders to the FCC Form 175 application search $0.005 * MHz * License Area bid actively throughout the auction, function. The auction bidding system Population with a minimum of $1,000 rather than wait until late in the auction has also been updated for easier per license. The specific proposed before participating. Bidders are navigation, customizable results, and upfront payment for each license required to be active on a specific improved functionality. The Bureau will available in Auction No. 60 is set forth percentage of their current bidding release subsequent public notices that in Attachment A. The Bureau seeks eligibility during each round of the outline more specific information on comment on this proposal. action. A bidder that does not satisfy the these enhancements and announce 5. The Bureau further proposes that activity rule will either lose bidding schedules for demonstrations. the amount of the upfront payment eligibility in the next round or must use II. Auction Structure submitted by a bidder will determine an activity rule waiver (if any remain). the maximum number of bidding units 7. The Bureau proposes to divide the A. Simultaneous Multiple-Round on which a bidder may place bids. This auction into two stages, each Auction Design limit is a bidder’s initial bidding characterized by an increased activity 3. The Bureau proposes to award eligibility. Each license is assigned a requirement. The auction will start in licenses included in Auction No. 60- in specific number of bidding units equal Stage One. The Bureau proposes that the a simultaneous multiple-round auction. to the upfront payment on a bidding auction generally will advance from This methodology offers every license unit per dollar basis. Bidding units for Stage One to Stage Two when the for bid at the same time with successive a given license do not change as prices auction activity level, as measured by bidding rounds in which bidders may rise during the auction. A bidder’s the percentage of bidding units place bids on individual licenses. The upfront payment is not attributed to receiving new provisionally winning Bureau seeks comment on this proposal. specific licenses. Rather, a bidder may bids, is approximately twenty percent or place bids on any combination of below for three consecutive rounds of B. Upfront Payment and Bidding licenses as long as the total number of bidding. However, the Bureau further Eligibility bidding units associated with those proposes that the Bureau retain the 4. The Bureau has delegated authority licenses does not exceed its current discretion to change stages unilaterally and discretion to determine an eligibility. Eligibility cannot be by announcement during the auction. In appropriate upfront payment for each increased during the auction; it can only exercising this discretion, the Bureau license being auctioned, taking into remain the same or decrease. Thus, in will consider a variety of measures of account such factors as the population calculating its upfront payment amount, bidder activity, including, but not in each geographic license area and the an applicant must determine the limited to, the auction activity level, the value of similar spectrum. The upfront maximum number of bidding units it percentage of licenses (as measured in payment is a refundable deposit by each may wish to bid on (or hold bidding units) on which there are new
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bids, the number of new bids, and the reducing eligibility, thereby meeting the cause the Bureau to delay or suspend percentage increase in revenue. The minimum requirement. the auction. The Bureau emphasizes Bureau seeks comment on these Note: If a bidder has no waivers remaining that exercise of this authority is solely proposals. and does not satisfy the required activity within the discretion of the Bureau, and 8. For Auction No. 60, the Bureau level, its eligibility will be permanently its use is not intended to be a substitute proposes the following activity reduced, possibly eliminating the bidder for situations in which bidders may requirements: Stage One: In each round from further bidding in the auction. wish to apply their activity rule waivers. of the first stage of the auction, a bidder 12. A bidder with insufficient activity The Bureau seeks comment on this desiring to maintain its current bidding may wish to reduce its bidding proposal. eligibility is required to be active on eligibility rather than use an activity III. Bidding Procedures licenses representing at least 80 percent rule waiver. If so, the bidder must of its current bidding eligibility. Failure affirmatively override the automatic A. Round Structure to maintain the requisite activity level waiver mechanism during the bidding 16. The Commission will conduct will result in a reduction in the bidder’s round by using the ‘‘reduce eligibility‘‘ Auction No. 60 over the Internet. bidding eligibility in the next round of function in the FCC Auction System. In Alternatively, telephonic bidding will bidding (unless an activity rule waiver this case, the bidder’s eligiblity is also be available. The toll free telephone is used). During Stage One, a bidder’s permanently reduced to bring the bidder number through which telephonic reduced eligibility for the next round into compliance with the activity rules bidding may be accessed will be will be calculated by multiplying the as described above. Once eligibility has provided to bidders. bidder’s current round activity by five- been reduced, a bidder will not be 17. The initial bidding schedule will months (5/4). permitted to regain its lost bidding be announced in a public notice to be Stage Two: In each round of the eligibility. released at least one week before the second stage, a bidder desiring to 13. A bidder may apply an activity start of the auction. The simultaneous maintain its current bidding eligibility rule waiver proactively as a means to multiple-round format will consist of is required to be active on 95 percent of keep the auction open without placing sequential bidding rounds, each its current bidding eligibility. During a bid. If a bidder proactively applies an followed by the release of round results. Stage Two, a bidder’s reduced eligibility activity rule waiver (using the ‘‘apply Details regarding the location and for the next round will be calculated by waiver’’ function in the FCC Auction format of round results will be included multiplying the bidder’s current round System) during a bidding round in in the same public notice. activity by twenty-nineteenths (20/19). which no bids or withdrawals are 18. The Bureau has discretion to 9. The Bureau seeks comment on submitted, the auction will remain open change the bidding schedule in order to these proposals. Commenters that and the bidder’s eligibility will be foster an auction pace that reasonably believe these activity rules should be preserved. An automatic waiver applied balances speed with the bidders’ need to modified should explain their reasoning by the FCC Auction System in a round study round results and adjust their and comment on the desirability of an in which there are no new bids or bidding strategies. The Bureau may alternative approach. Commenters are withdrawals will not keep the auction increase or decrease the amount of time advised to support their claims with open. for the bidding rounds and review analyses and suggested alternative Note: Applying a waiver is irreversible; rounds, or the number of rounds per activity rules. once a proactive waiver is submitted that day, depending upon the bidding waiver cannot be unsubmitted, even if the activity level and other factors. The D. Activity Rule Waivers and Reducing round has not yet closed. Eligibility Bureau seeks comment on this proposal. 14. The Bureau proposes that each B. Reserve Price or Minimum Opening 10. Use of an activity rule waiver bidder in Auction No. 60 be provided Bid preserves the bidder’s current bidding with three activity rule waivers that may eligibility despite the bidder’s activity be used at the bidder’s discretion during 19. Section 309(j) of the in the current round being below the the course of the auction as set forth Communications Act calls up the required minimum level. An activity above. The bureau seeks comment on Commission to prescribe methods for rule waiver applies to an entire round proposal. establishing a reasonable reserve price of bidding and not to a particular or a minimum opening bid amount license. Activity rule waivers can be E. Information Relating to Auction when FCC licenses are subject to either proactive or automatic and are Delay, Suspension, or Cancellation auction, unless the Commission principally a mechanism for auction 15. For Auction No. 60, the Bureau determines that a reserve price or participants to avoid the loss of bidding propose that, by public notice or by minimum opening bid amount is not in eligibility in the event that exigent announcement during the auction, the the public interest. Consistent with this circumstances prevent them from Bureau may delay, suspend, or cancel mandate, the Commission has directed placing a bid in a particular round. the auction in the event of natural the Bureau to seek comment on the use 11. The FCC Auction System assumes disaster, technical obstacle, evidence of of a minimum opening bid amount and/ that bidders with insufficient activity an auction security breach, unlawful or reserve price prior to the start of each would prefer to apply an activity rule bidding activity, administrative or auction. waiver (if available) rather than lose weather necessity, or for any other 20. Normally, a reserve price is an bidding eligibility. Therefore the system reason that affects the fair and efficient absolute minimum price below which will automatically apply a waiver at the conduct of competitive bidding. In such an item will not be sold in a given end of any bidding round where a cases, the Bureau, in its sole discretion, auction. Reserve prices can be either bidder’s activity level is below the may elect to resume the auction starting published or unpublished. A minimum minimum required unless: (1) The from the beginning of the current round, opening bid amount, on the other hand, bidder has no activity rule waivers resume the auction starting from some is the minimum bid price set at the available; or (2) the bidder overides the previous round, or cancel the auction in beginning of the auction below which automatic application of a waiver by its entirety. Network interruption may no bids are accepted. It is generally used
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to accelerate the competitive bidding winning bid for a license, the minimum the license. In the event of identical process. Also, the auctioneer often has acceptable bid amount for that license high bid amounts being submitted on a the discretion to lower the minimum will be equal to the amount of the license in a given round (e.g., tied bids), opening bid amount later in the auction. provisionally winning bid plus an the Bureau proposes to use a random It is also possible for the minimum additional amount. The minimum number generator to select a single opening bid amount and the reserve acceptable bid amount will be provisionally winning bid from among price to be the same amount. calculated by multiplying the the tied bids. If the auction were to end 21. In light of Section 309(j)’s provisionally winning bid amount times with no higher bids being placed for requirements, the Bureau proposes to one plus an increment percentage—e.g., that license, the winning bidder would establish minimum opening bid if the increment percentage is 10 be the one that placed the selected amounts for Auction No. 60. The Bureau percent, the minimum acceptable bid provisionally winning bid. However, the believes a minimum opening bid amount will equal (provisionally remaining bidders, as well as the amount, which has been used in other winning bid amount) * (1.10), rounded. provisionally winning bidder, can auctions, is an effective bidding tool. The Bureau will round the result using submit higher bids in subsequent 22. Specifically, for Auction No. 60, our standard rounding procedures. For rounds. If any bids are received on the the Bureau proposes to calculate Auction No. 60, the Bureau proposes to license in a subsequent round, the minimum opening bid amounts on a use a bid increment of 10 percent. This provisionally winning bid again will be license-by-license basis using a formula means that the minimum acceptable bid determined by the highest bid amount based on bandwidth and license area amount for a license will be received for the license. population: approximately 10 percent greater than 30. A provisionally winning bid will $0.01 *MHz* License Area Population the provisionally winning bid amount remain the provisionally bid until there with a minimum of $1,000 per license. for the license. is a higher bid on the same license at the The specific minimum opening bid 26. The nine acceptable bid amounts close of a subsequent round. Bidders are amount for each license available in for each license consist of the minimum reminded that provisionally winning Auction No. 60 is set forth in acceptable bid amount and additional bids confer credit for activity. Attachment A of this Public Notice. The amounts calculated using the minimum E. Information Regarding Bid Bureau seeks comment on this proposal. acceptable bid amount and the bid Withdrawal and Bid Removal 23. If commenters believe that these increment percentage. The Bureau will minimum opening bid amounts will round the results using our standard 31. For Auction No. 60, the Bureau result in substantial numbers of unsold rounding procedures. The first proposes the following bid removal and licenses, or are not reasonable amounts, additional acceptable bid amount equals bid withdrawal procedures. Before the or should instead operate as reserve the minimum acceptable bid amount close of a bidding round, a bidder has prices, they should explain why this is times one plus the bid increment the option of removing any bid placed so, and comment on the desirability of percentage, rounded—e.g., if the in that round. By removing selected bids an alternative approach. Commenters increment percentage is 10 percent, the in the FCC Auction System, a bidder are advised to support their claims with calculation is (minimum acceptable bid may effectively ‘‘unsubmit’’ any bid valuation analyses and suggested amount) * (1 + 0.10), rounded, or placed within that round. A bidder reserve prices or minimum opening bid (minimum acceptable bid amount) * removing a bid placed in the same amount levels or formulas. In 1.10, rounded; the second additional round is not subject to a withdrawal establishing the minimum opening bid acceptable bid amount equals the payment. Once a round closes, a bidder amounts, the Bureau particularly seeks minimum acceptable bid amount times may no longer remove a bid. comment on such factors as the amount one plus two times the bid increment 32. A bidder may withdraw its of spectrum being auctioned, levels of percentage, rounded, or (minimum provisionally winning bids using the incumbency, the availability of acceptable bid amount) * 1.20, rounded; ‘‘withdraw bids’’ function in the FCC technology to provide service, the size the third additional acceptable bid Auction System. A bidder that of the geographic service areas, issues of amount equals the minimum acceptable withdraws its provisionally winning interference with other spectrum bands bid amount times one plus three times bid(s) is subject to the bid withdrawal and any other relevant factors that could the bid increment percentage, rounded, payment provisions of the Commission reasonably have an impact on valuation or (minimum acceptable bid amount) * rules. The Bureau seeks comment on of the lower 700 MHz band spectrum. 1.30, rounded; etc. these bid removal and bid withdrawal The Bureau seeks comment on whether, 27. In the case of a license for which procedures. consistent with Section 309(j), the the provisionally winning bid has been 33. In the Part 1 Third Report and public interest would be served by withdrawn, the minimum acceptable Order, the Commission explained that having no minimum opening bid bid amount will equal the second allowing bid withdrawals facilitates amount or reserve price. highest bid received for the license. efficient aggregation of licenses and the 28. The Bureau retains the discretion pursuit of efficient backup strategies as C. Minimum Acceptable Bid Amounts to change the minimum acceptable bid information becomes available during and Bid Increments amounts and bid increments if it the course of an auction. The 24. In each round, eligible bidders determines that circumstances so Commission noted, however, that, in will be able to place bids on a given dictate. The Bureau will do so by some instances, bidders may seek to license in any of nine different amounts. announcement in the FCC Auction withdraw bids for improper reasons. The FCC Auction System interface will System. The Bureau seeks comment on The Bureau, therefore, has discretion, in list the nine acceptable bid amounts for these proposals. managing the auction, to limit the each license. number of withdrawals to prevent any 25. The minimum acceptable bid D. Provisionally Winning Bids bidding abuses. The Commission stated amount for a license will be equal to its 29. At the end of a bidding round, a that the Bureau should assertively minimum opening bid amount until provisionally winning bid amount for exercise its discretion, consider limiting there is a provisionally winning bid for each license will be determined based the number of rounds in which bidders the license. After there is a provisionally on the highest bid amount received for may withdraw bids, and prevent bidders
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from bidding on a particular market if ii. Keep the auction open even if no Commission’s ex parte rules. Persons the Bureau finds that a bidder is abusing bidder submits any new bids, applies a making oral ex parte presentations are the Commission’s bid withdrawal waiver or places any withdrawals. In reminded that memoranda summarizing procedures. this event, the effect will be the same as the presentations must contain 34. Applying this reasoning, the if a bidder had applied a waiver. The summaries of the substance of the Bureau proposes to limit each bidder in activity rule, therefore, will apply as presentations and not merely a listing of Auction No. 60 to withdrawing usual and a bidder with insufficient the subjects discussed. More than a one provisionally winning bids in no more activity will either lose bidding or two sentence description of the views than one round during the course of the eligibility or use a remaining activity and arguments presented is generally auction. To permit a bidder to withdraw rule waiver. required. Other rules pertaining to oral bids in more than one round may iii. Declare that the auction will end and written ex parte presentations in encourage insincere bidding or the use after a specified number of additional permit-but-disclose proceedings are set of withdrawals for anti-competitive rounds (‘‘special stopping rule’’). If the forth in § 1.1206(b) of the Commission’s purposes. The round in which Bureau invokes this special stopping rules. withdrawals may be used will be at the rule, it will accept bids in the specified Federal Communications Commission bidder’s discretion; withdrawals final round(s) and the auction will otherwise must be in accordance with close. Gary D. Michaels, the Commission’s rules. There is no 38. The Bureau proposes to exercise Deputy Chief, Auction and Spectrum Access limit on the number of provisionally these options only in certain Division, WTB. winning bids that may be withdrawn in circumstances, for example, where the [FR Doc. 05–2271 Filed 2–4–05; 8:45 am] the round in which withdrawals are auction is proceeding very slowly, there BILLING CODE 6712–01–M used. Withdrawals will remain subject is minimal overall bidding activity, or it to the bid withdrawal payment appears likely that the auction will not provisions specified in the close within a reasonable period of time. FEDERAL COMMUNICATIONS Commission’s rules. The Bureau seeks Before exercising these options, the COMMISSION comment on this proposal. Bureau is likely to attempt to increase [Report No. 2691] the pace of the auction by, for example, F. Stopping Rule increasing the number of bidding Petitions for Reconsideration and 35. The Bureau has discretion ‘‘to rounds per day, and/or increasing the Clarification of Action in Rulemaking establish stopping rules before or during amount of the minimum bid increments Proceeding multiple round auctions in order to for the limited number of licenses where terminate the auction within a there is still a high level of bidding January 31, 2005. reasonable time.’’ For Auction No. 60, activity. The Bureau seeks comment on Petitions for Reconsideration and the Bureau proposes to employ a these proposals. Clarification have been filed in the simultaneous stopping rule approach. A Commission’s Rulemaking proceeding simultaneous stopping rule means that IV. Conclusion listed in this Public Notice and all licenses remain available for bidding 39. Comments are due on or before published pursuant to 47 CFR 1.429(e). until bidding closes simultaneously on February 11, 2005, and reply comments The full text of this document is all licenses. are due on or before February 18, 2005. available for viewing and copying in 36. Bidding will close simultaneously Because of the disruption of regular Room CY–B402, 445 12th Street, SW., on all licenses after the first round in mail and other deliveries in Washington, DC or may be purchased which no bidder submits any new bids, Washington, DC, the Bureau requires from the Commission’s copy contractor, applies a proactive waiver, or places any that all comments and reply comments Best Copy and Printing, Inc. (BCPI) (1– withdrawals. Thus, unless be filed electronically. Comments and 800–378–3160). Oppositions to these circumstances dictate otherwise, reply comments, and copies of material petitions must be filed by February 22, bidding will remain open on all licenses filed with the Commission pertaining to 2005. See § 1.4(b)(1) of the until bidding stops on every license. Auction No. 60, must be sent by Commission’s rules (47 CFR 1.4(b)(1)). 37. However, the Bureau proposes to electronic mail to the following address: Replies to an opposition must be filed retain the discretion to exercise any of [email protected]. The electronic mail within 10 days after the time for filing the following options during Auction containing the comments or reply oppositions have expired. No. 60: comments must include a subject or Subject: In the Matter of Dismissed i. Use a modified version of the caption referring to Auction No. 60 Modification Application for WHR901, simultaneous stopping rule. The Comments and the name of the Florida Atlantic University, Boynton modified stopping rule would close the commenting party. The Bureau requests Beach, Florida (WT Docket No. 03–66). auction for all licenses after the first that parties format any attachments to Amendment of Parts 1, 21, 73, 74 and round in which no bidder applies a electronic mail as Adobe Acrobat 101 of the Commission’s Rules to waiver, places a withdrawal or submits (pdf) or Microsoft Word documents. Facilitate the Provision of Fixed and any new bids on any license for which Copies of comments and reply Mobile Broadband Access, Educational it is not the provisionally winning comments will be available for public and Other Advanced Services in the bidder. Thus, absent any other bidding inspection during regular business 2150–2162 and 2500–2690 MHz Bands activity, a bidder placing a new bid on hours in the FCC Reference Information (WT Docket No. 03–66, RM–10586). a license for which it is the Center, Room CY–B402, 445 12 Street, Part 1 of the Commission’s Rules— provisionally winning bidder would not SW., Washington, DC 20554, and will Further Competitive Bidding Procedures keep the auction open under this also be posted on the Web page for (WT Docket No. 03–67). modified stopping rule. The Bureau Auction No. 60 at http:// Amendment of Parts 21 and 74 to further seeks comment on whether this wireless.fcc.gov/auctions. Enable Multipoint Distribution Service modified stopping rule should be used 40. This proceeding has been and the Instructional Television Fixed at any time or only in stage two of the designated as a ‘‘permit-but-disclose’’ Service Amendment of Parts 21 and 74 suction. proceeding in accordance with the to Engage in Fixed Two-Way
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Transmissions (MM Docket No. 97– FOR FURTHER INFORMATION CONTACT: Mr. bank holding company and all of the 217). Robert Biersack, Press Officer, banks and nonbanking companies Amendment of Parts 21 and 74 of the Telephone: (202) 694–1220. owned by the bank holding company, including the companies listed below. Commission’s Rules With Regard to Mary W. Dove, Licensing in the Multipoint Distribution The applications listed below, as well Secretary of the Commission. Service and in the Instructional as other related filings required by the Television Fixed Service for the Gulf of [FR Doc. 05–2458 Filed 2–3–05; 2:58 pm] Board, are available for immediate Mexico (WT Docket No. 02–68, RM– BILLING CODE 6715–01–M inspection at the Federal Reserve Bank 9718). indicated. The application also will be Promoting Efficient Use of Spectrum available for inspection at the offices of Through Elimination of Barriers to the FEDERAL RESERVE SYSTEM the Board of Governors. Interested persons may express their views in Development of Secondary Markets (WT Change in Bank Control Notices; Docket No. 00–230). writing on the standards enumerated in Acquisition of Shares of Bank or Bank the BHC Act (12 U.S.C. 1842(c)). If the Number of Petitions Filed: 24. Holding Companies proposal also involves the acquisition of Marlene H. Dortch, The notificants listed below have a nonbanking company, the review also Secretary. applied under the Change in Bank includes whether the acquisition of the [FR Doc. 05–2270 Filed 2–4–05; 8:45 am] Control Act (12 U.S.C. 1817(j)) and nonbanking company complies with the standards in section 4 of the BHC Act BILLING CODE 6712–01–M § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank (12 U.S.C. 1843). Unless otherwise holding company. The factors that are noted, nonbanking activities will be considered in acting on the notices are conducted throughout the United States. FEDERAL ELECTION COMMISSION set forth in paragraph 7 of the Act (12 Additional information on all bank U.S.C. 1817(j)(7)). holding companies may be obtained Sunshine Act Notices The notices are available for from the National Information Center immediate inspection at the Federal website at www.ffiec.gov/nic/. * * * * * Unless otherwise noted, comments Reserve Bank indicated. The notices Previously Announced Date and regarding each of these applications also will be available for inspection at Time: Thursday, February 10, 2005, 10 must be received at the Reserve Bank the office of the Board of Governors. a.m. meeting open to the public. This indicated or the offices of the Board of Interested persons may express their meeting was canceled. Governors not later than March 3, 2005. views in writing to the Reserve Bank * * * * * A. Federal Reserve Bank of Boston indicated for that notice or to the offices (Richard Walker, Community Affairs DATE AND TIME: Monday, February 14, of the Board of Governors. Comments Officer) 600 Atlantic Avenue, Boston, 2005, at 10 a.m. must be received not later than February Massachusetts 02106–2204: PLACE: 999 E Street, NW., Washington, 22, 2005. 1. BankFive, MHC, and BankFive DC (Ninth Floor). A. Federal Reserve Bank of Chicago Corporation, both of Fall River, (Patrick Wilder, Assistant Vice STATUS: Massachusetts; to become bank holding This Meeting Will Be Open To President) 230 South LaSalle Street, the Public. companies by acquiring 100 percent of Chicago, Illinois 60690–1414: the voting shares of Fall River Five ITEMS TO BE DISCUSSED: 1. Michael J. Rivers, Winona, Cents Savings Bank, Fall River, Correction and Approval of Minutes. Minnesota; to acquire voting shares of Massachusetts. Advisory Opinion 2004–43: Missouri Central Wisconsin Financial Services, B. Federal Reserve Bank of Broadcasters Association, by counsel Inc., Wausau, Wisconsin, and thereby Philadelphia (Michael E. Collins, Senior Gregg P. Skall. indirectly acquire voting shares of Bank Vice President) 100 North 6th Street, of Wausau, Wausau, Wisconsin. Notice of Proposed Rulemaking on Philadelphia, Pennsylvania 19105– Candidate Solicitation at State, Board of Governors of the Federal Reserve 1521: District, and Local Party Fundraising System, February 1, 2005. 1. Community Banks, Inc., Harrisburg, Events. Robert deV. Frierson, Pennsylvania; to merge with Pennrock * * * * * Deputy Secretary of the Board. Financial Services Corp., and thereby [FR Doc. 05–2263 Filed 2–4–05; 8:45 am] indirectly acquire The Blue Ball DATE AND TIME: Tuesday, February 15, BILLING CODE 6210–01–S National Bank, all of Blue Ball, 2005 at 10 a.m. Pennsylvania. PLACE: 999 E Street, NW., Washington, C. Federal Reserve Bank of Atlanta DC. FEDERAL RESERVE SYSTEM (Andre Anderson, Vice President) 1000 Peachtree Street, N.E., Atlanta, Georgia STATUS: This Meeting Will Be Closed To Formations of, Acquisitions by, and 30303: the Public. Mergers of Bank Holding Companies 1. Copiah Bancshares, Inc., to become ITEMS TO BE DISCUSSED: a bank holding company by acquiring The companies listed in this notice 100 percent of the voting shares of Compliance matters pursuant to 2 have applied to the Board for approval, U.S.C. 437g. Copiah Bank, National Association, both pursuant to the Bank Holding Company of Hazlehurst, Mississippi. Audits conducted pursuant to 2 U.S.C. Act of 1956 (12 U.S.C. 1841 et seq.) 437g, § 438(b), and Title 26, U.S.C. (BHC Act), Regulation Y (12 CFR Part Board of Governors of the Federal Reserve Matters concerning participation in civil 225), and all other applicable statutes System, February 1, 2005. actions or proceedings or arbitration. and regulations to become a bank Robert deV. Frierson, Internal personnel rules and procedures holding company and/or to acquire the Deputy Secretary of the Board. or matters affecting a particular assets or the ownership of, control of, or [FR Doc. 05–2262 Filed 2–4–05; 8:45 am] employee. the power to vote shares of a bank or BILLING CODE 6210–01–S
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FEDERAL TRADE COMMISSION pursuant to a memorandum of FEDERAL TRADE COMMISSION understanding with the Commission Delegation of Authority To Respond to about consumer protection information Granting of Request for Early Requests From Mexico’s Procuraduria sharing and enforcement cooperation. Termination of the Waiting Period Federal del Consumidor This delegated authority does not apply Under the Premerger Notification Rules AGENCY: Federal Trade Commission. to competition-related investigations. ACTION: Delegation of authority. When exercising its authority under this Section 7A of the Clayton Act, 15 delegation, staff may only disclose U.S.C. 18a, as added by Title II of the SUMMARY: The Commission has information regarding consumer Hart-Scott-Rodino Antitrust delegated authority to the Associate protection matters involving Mexico, Improvements Act of 1976, requires Director for International Consumer and will require assurances of persons contemplating certain mergers Protection to respond to disclosure and confidentiality from Profeco. or acquisitions to give the Federal Trade other requests from Mexico’s Disclosures shall be made only to the Commission and the Assistant Attorney Procuradurı´a Federal del Consumidor extent consistent with current General advance notice and to wait (Profeco) pursuant to a memorandum of limitations on disclosure, including designated periods before understanding with the Commission. section 6(f) of the FTC Act, 15 U.S.C. consummation of such plans. Section EFFECTIVE DATES: January 6, 2005. 46(f), section 21 of the Act, 15 U.S.C. 7A(b)(2) of the Act permits the agencies, FOR FURTHER INFORMATION CONTACT: 57b–2, and Commission Rule 4.10(d), 16 in individual cases, to terminate this Pablo Zylberglait, Legal Advisor for CFR 4.10(d), and with the Commission’s waiting period prior to its expiration International Consumer Protection, enforcement policies and other and requires that notice of this action be International Division of Consumer important interests. Where the subject published in the Federal Register. Protection, (202) 326–3260, The following transactions were [email protected]. matter of the information to be shared raises significant policy concerns, staff granted early termination of the waiting SUPPLEMENTARY INFORMATION: Notice is shall consult with the Commission period provided by law and the hereby given, pursuant to before disclosing such information. premerger notification rules. The grants Reorganization Plan No. 4 of 1961, 24 were made by the Federal Trade FR 6191, that the Commission has By direction of the Commission. Commission and the Assistant Attorney delegated to the Associate Director for Donald S. Clark, General for the Antitrust Division of the International Consumer Protection the Secretary. Department of Justice. Neither agency authority to respond to disclosure and [FR Doc. 05–2275 Filed 2–4–05; 8:45 am] intends to take any action with respect other requests from Mexico’s to these proposed acquisitions during BILLING CODE 6750–01–M Procuradurı´a Federal del Consumidor the applicable waiting period.
TRANS # Acquiring Acquired Entities
Transactions Granted Early Termination—01/04/2005
20050383 ...... SBC Communications Inc ...... Yantra Corporation ...... Yantra Corporation. 20050384 ...... Quantum Fuel Systems Tech- Starcraft Corporation ...... Starcraft Corporation. nologies Worldwide, Inc. 20050394 ...... Selectica, Inc ...... I-many, Inc ...... I-many, Inc. 20050397 ...... Witness Systems, Inc ...... Blue Pumpkin Software, Inc ...... Blue Pumpkin Software, Inc. 20050398 ...... LifePoint Hospitals, Inc ...... Danville Regional Health System, Inc Ambulatory Services of Danville. Danville Regional Medical Center. Memorial Properties, Inc. 20050399 ...... Citigroup Inc ...... ABRY Partners IV, L.P ...... Gallarus Media Holdings, Inc 20050400 ...... Prudential plc ...... ING Groep N.V ...... Life Insurance Company of Georgia. Life of Georgia Agency, Inc. 20050402 ...... Alamosa Holdings, Inc ...... AirGate PCS, Inc ...... AirGate PCS, Inc. 20050403 ...... eBay Inc ...... Viva Group. Inc ...... Viva Group. Inc 20050405 ...... ProQuest Company ...... Voyager Expanded Learning, Inc ...... Voyager Expanded Learning, Inc. 20050410 ...... Diageo plc ...... The Chalone Wine Group, Ltd ...... The Chalone Wine Group, Ltd. 20050415 ...... Black Box Corporation ...... Norstan, Inc ...... Norstan, Inc.
Transactions Granted Early Termination—01/05/2005
20041257 ...... The Cooper Companies, Inc ...... Ocular Sciences, Inc ...... Ocular Sciences, Inc. 20050344 ...... Patterson-UTI Eneergy, Inc ...... Key Energy Services, Inc ...... Key Energy Drilling, Beneficial, L.P. Key Energy Drilling, Inc. Key Four Corners, Inc. Key Rocky Mountain, Inc. 20050388 ...... Ascend Media Holdings, LLC ...... Media/Communications Partners II Medical World Communications, Inc. Limited Partnership. 20050390 ...... Fritz R. Kundrun ...... Alpha Nautral Resources, Inc ...... Alpha Nautral Resources, Inc. 20050391 ...... Hans Mende ...... Alpha Nautral Resources, Inc ...... Alpha Nautral Resources, Inc. 20050392 ...... First Reserve Fund IX, L.P ...... Alpha Nautral Resources, Inc ...... Alpha Nautral Resources, Inc. 20050406 ...... Affiliated Computer Services, Inc ...... Superior Consultant Holdings Cor- Superior Consultant Holdings Cor- poration. poration. 20050407 ...... Dubai Ports International FX LTD ..... CSX Corporation ...... SL Service, Inc.
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TRANS # Acquiring Acquired Entities
Transactions Granted Early Termination—01/06/2005
20050386 ...... Summit Ventures VI–A, L.P ...... Thomas F. Leahy ...... Help/Systems, Incorporated. 20050413 ...... TANDBERG Television ASA ...... N2 Broadband, Inc ...... N2 Broadband, Inc.
Transactions Granted Early Termination—01/07/2005
20050333 ...... Morgan Stanley ...... PULSE EFT Association ...... PULSE EFT Association. 20050404 ...... Honeywell International Inc ...... Novar plc ...... Novar plc. 20050422 ...... Investment Technology Group, Inc ... Morgan Stanley ...... POSIT. 200504423 ...... J.P. Morgan Chase & Co ...... Bristol-Myers; Squibb Company ...... Bristol-Myers Oncology Therapeutics Network, Inc., OTN Parent Corp. 20050427 ...... Legend Holdings Limited ...... International Business Machines IBM Products AP Ltd. Corporation. IBM Products Asia Pte Ltd. IBM Products Holdings Spri. IBM Products U.K. Ltd. 20050429 ...... J.P. Morgan Chase & Co ...... PQ Corporation ...... PQ Corporation. 20050432 ...... Serco Group, plc ...... CM Equity Partners, LP ...... RCI Holding Corporation. RCI Holding Corporation ......
Transactions Granted Early Termination—01/10/2005
20050356 ...... Summer M. Redstone ...... Sinclair Broadcast Group, Inc ...... Chesapeake Television, Inc. SCI–Sacramento Licensee, L.L.C. 20050431 ...... 3Com Corporation ...... TippingPoint Technologies, Inc ...... TippingPoint Technologies, Inc. 20050434 ...... Perry Ellis International, Inc ...... Tropical Sportswear Int’l Corporation Tropical Sportswear Int’l Corporation.
Transactions Granted Early Termination—01/11/2005
20050359 ...... Onex Partners LP ...... Laidlaw International, Inc ...... American Medical Response, Inc. EmCare Holdings Inc. 20050387 ...... Schawk, Inc ...... KAGT Holdings, Inc ...... KAGT Holdings, Inc. 20050411 ...... The Veritas Capital Fund II, L.P ...... Computer Sciences Corporation ...... DynCorp International Asset Corp. DynCorp International, LLC. 20050421 ...... Lone Star Fund V (U.S.), L.P ...... Koninklijke Ahold N.V ...... ARP, etc. BI–LO, LLC. Bruno’s, Inc., Bruno’s Supermarkets, Inc. Golden Gallon Holding LLC. v/s BI–LO Brands, Inc. 20050437 ...... CentralPoint Energy, Inc ...... American Electric Power Company, AEP Texas Central Company. Inc.
Transactions Granted Early Termination—01/13/2005
20050426 ...... Highmark, Inc ...... Harvey Ross ...... Viva Optique, Inc. 20050439 ...... UBS AG ...... Jullius Baser Holding Ltd ...... Bank Julius Baer & Co. Ltd. Julius Baer Investment Advisory (Canada) Ltd. Julius Baer Securities Inc.
Transactions Granted Early Termination—01/14/2005
20050424 ...... Moulin International Holdings Limited Thoams H. Lee Equity Fund IV, L.P. Eye Care Centers of America, Inc. 20050435 ...... MTC Technologies ...... Dr. Paul Hsu and Majes Hsu ...... Manufacturing Technology, Inc. 20050440 ...... GGC Investment Fund II, L.P ...... ECCA Holdings Corporation ...... ECCA Holdings Corporation. 20050441 ...... Moulin International Holdings Limited ECCA Holdings Corporation ...... ECCA Holdings Corporation. 20050467 ...... Source Interlink Companies, Inc ...... Yucaipa One-Stop Partners, L.P...... Alliance Entertainment Corp. 20050468 ...... Yucaipa One-Stop Partners, L.P...... Source Interlink Companies, Inc ...... Source Interlink Companies, Inc. 20050472 ...... FMR Corp ...... Fiserv Inc...... BHC Investments, Inc.
Transactions Granted Early Termination—01/19/2005
20050445 ...... Mohawk Paper Mills, Inc ...... International Paper Company ...... International Paper Company. 20050471 ...... KKR Millennium Fund (Overseas), Masonite International Corporation ... Masonite International Corporation. Limited Partnership. 20050475 ...... American International Group, Inc .... Wachovia Corporation ...... First Union Financial Investments, Inc. Wachovia Capital Investments, Inc. 20050477 ...... Warburg Pincus Private Equity VIII, Boston Ventures Limited Partnership Camp Systems International, LLC. L.P. VI. 20050478 ...... EMC Corporation...... System Management Arts Incor- System Management Arts Incor- porated. porated.
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TRANS # Acquiring Acquired Entities
20050489 ...... Highland Capital Partners VI ...... Michael Mann ...... Rare Domains.com, LLC. Rare Names, LLC.
Transactions Granted Early Termination—01/21/2005
20050487 ...... Cofra Holding AG ...... Aaron D. Spencer ...... Uno Restaurant Holdings Corpora- tion.
FOR FURTHER INFORMATION CONTACT: ADDRESSES: Submit electronic of automated collection techniques, Sandra M. Peay, Contact Representative, comments on the collection of when appropriate, and other forms of or Renee Hallman, Case Management information to: http://www.fda.gov/ information technology. Assistant. dockets/ecomments. Submit written Premarket Notification for a New comments on the collection of Federal Trade Commission, Premerger Dietary Ingredient—21 CFR 190.6 information to the Division of Dockets Notification Office, Bureau of (OMB Control Number 0910–0330)— Management (HFA–305), Food and Drug Competition, Room H–303, Washington, Extension DC 20580, (202) 326–3100. Administration, 5630 Fishers Lane., rm. Section 413(a) of the Federal Food, By direction of the Commission. 1061, Rockville, MD 20852. All comments should be identified with the Drug, and Cosmetic Act (the act) (21 Donald S. Clark, docket number found in brackets in the U.S.C. 350b(a)) provides that a Secretary. heading of this document. manufacturer or distributor of dietary [FR Doc. 05–2276 Filed 2–4–05; 8:45 am] FOR FURTHER INFORMATION CONTACT: supplements or of a new dietary BILLING CODE 6750–01–M Peggy Robbins, Office of Management ingredient is to submit information to Programs (HFA–250), Food and Drug FDA (as delegate for the Secretary of Administration, 5600 Fishers Lane, Health and Human Services) upon Rockville, MD 20857, 301–827–1223. which it has based its conclusion that a DEPARTMENT OF HEALTH AND dietary supplement containing a new HUMAN SERVICES SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501–3520), Federal dietary ingredient will reasonably be Food and Drug Administration agencies must obtain approval from the expected to be safe at least 75 days Office of Management and Budget before the introduction or delivery for [Docket No. 2005N–0031] (OMB) for each collection of introduction into interstate commerce of information they conduct or sponsor. a dietary supplement that contains a Agency Information Collection ‘‘Collection of information’’ is defined new dietary ingredient. FDA’s Activities; Proposed Collection; in 44 U.S.C. 3502(3) and 5 CFR regulations at part 190, subpart B (21 Comment Request; Premarket 1320.3(c) and includes agency requests CFR part 190, subpart B) implement Notification for a New Dietary or requirements that members of the these statutory provisions. Section Ingredient public submit reports, keep records, or 190.6(a) requires each manufacturer or provide information to a third party. distributor of a dietary supplement AGENCY: Food and Drug Administration, Section 3506(c)(2)(A) of the PRA (44 containing a new dietary ingredient, or HHS. U.S.C. 3506(c)(2)(A)) requires Federal of a new dietary ingredient, to submit to ACTION: Notice. agencies to provide a 60-day notice in the Office of Nutritional Products, the Federal Register concerning each Labeling, and Dietary Supplements SUMMARY: The Food and Drug proposed collection of information, notification of the basis for their Administration (FDA) is announcing an including each proposed extension of an conclusion that said supplement or opportunity for public comment on the existing collection of information, ingredient will reasonably be expected proposed collection of certain before submitting the collection to OMB to be safe. Section 190.6(b) requires that information by the agency. Under the for approval. To comply with this the notification include the following: Paperwork Reduction Act of 1995 (the requirement, FDA is publishing notice (1) The complete name and address of PRA), Federal agencies are required to of the proposed collection of the manufacturer or distributor, (2) the publish notice in the Federal Register information set forth in this document. name of the new dietary ingredient, (3) concerning each proposed collection of With respect to the following a description of the dietary supplements information, including each proposed collection of information, FDA invites that contain the new dietary ingredient, extension of an existing collection of comments on these topics: (1) Whether and (4) the history of use or other information, and to allow 60 days for the proposed collection of information evidence of safety establishing that the public comment in response to the is necessary for the proper performance dietary ingredient will reasonably be notice. This notice solicits comments on of FDA’s functions, including whether expected to be safe. the procedure by which a manufacturer the information will have practical The notification requirements or distributor of dietary supplements or utility; (2) the accuracy of FDA’s described previously are designed to of a new dietary ingredient is to submit estimate of the burden of the proposed enable FDA to monitor the introduction information to FDA upon which it has collection of information, including the into the food supply of new dietary based its conclusion that a dietary validity of the methodology and ingredients and dietary supplements supplement containing a new dietary assumptions used; (3) ways to enhance that contain new dietary ingredients, in ingredient will reasonably be expected the quality, utility, and clarity of the order to protect consumers from unsafe to be safe. information to be collected; and (4) dietary supplements. FDA uses the DATES: Submit written or electronic ways to minimize the burden of the information collected under these comments on the collection of collection of information on regulations to help ensure that a information by April 8, 2005. respondents, including through the use manufacturer or distributor of a dietary
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supplement containing a new dietary ingredient is in full compliance with the act.
TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1
Annual Frequency Total Annual Re- 21 CFR Section No. of Respondents per Response sponses Hours per Response Total Hours
190.6 71 1 71 20 1,420 1There are no capital costs or operating and maintenance costs associated with this collection of information.
The agency believes that there will be that a collection of information entitled SUMMARY: The Food and Drug minimal burden on the industry to ‘‘Registration of Producers of Drugs and Administration (FDA) is announcing an generate data to meet the requirements Listing of Drugs in Commercial opportunity for public comment on the of the premarket notification program Distribution’’ has been approved by the proposed collection of certain because the agency is requesting only Office of Management and Budget information by the agency. Under the that information that the manufacturer (OMB) under the Paperwork Reduction Paperwork Reduction Act of 1995 (the or distributor should already have Act of 1995. PRA), Federal agencies are required to developed to satisfy itself that a dietary FOR FURTHER INFORMATION CONTACT: publish notice in the Federal Register supplement containing a new dietary Karen Nelson, Office of Management concerning each proposed collection of ingredient is in full compliance with the Programs (HFA–250), Food and Drug information, including each proposed act. However, the agency estimates that Administration, 5600 Fishers Lane, extension of an existing collection of extracting and summarizing the relevant Rockville, MD 20857, 301–827–1482. information, and to allow 60 days for information from the company’s files, SUPPLEMENTARY INFORMATION: In the public comment in response to the and presenting it in a format that will Federal Register of July 19, 2004 (69 FR notice. This notice solicits comments on meet the requirements of section 413 of 42999), the agency announced that the reporting and recordkeeping the act will require a burden of proposed information collection had requirements for firms that process approximately 20 hours of work per been submitted to OMB for review and acidified foods and thermally processed submission. clearance under 44 U.S.C. 3507. An low-acid foods in hermetically sealed This estimate is based on the annual agency may not conduct or sponsor, and containers. average number of premarket a person is not required to respond to, DATES: Submit written or electronic notifications FDA received during the a collection of information unless it comments on the collection of last 3 years (i.e., 2002 to 2004), which displays a currently valid OMB control information by April 8, 2005. was 47. Forty-seven represents 24 more number. OMB has now approved the ADDRESSES: notifications than the agency received as Submit written comments information collection and has assigned an annual average during the previous to the Division of Dockets Management OMB control number 0910–0045. The 3-year period (i.e., 1999 to 2001). (HFA–305), Food and Drug approval expires on December 31, 2007. Therefore, FDA anticipates a similar Administration, 5630 Fishers Lane, rm. A copy of the supporting statement for upward trend will be seen in the annual 1061, Rockville, MD 20852. Submit this information collection is available average number of notifications the electronic comments to http:// on the Internet at http://www.fda.gov/ agency receives during 2005 to 2007, www.fda.gov/dockets/ecomments. All ohrms/dockets. which is estimated to be 71. comments should be identified with the Dated: January 28, 2005. docket number found in brackets in the Dated: January 28, 2005. Jeffrey Shuren, heading of this document. Jeffrey Shuren, Assistant Commissioner for Policy. FOR FURTHER INFORMATION CONTACT: Assistant Commissioner for Policy. [FR Doc. 05–2296 Filed 2–4–05; 8:45 am] Peggy Robbins, Office of Management [FR Doc. 05–2207 Filed 2–4–05; 8:45 am] Programs (HFA–250), Food and Drug BILLING CODE 4160–01–S BILLING CODE 4160–01–S Administration, 5600 Fishers Lane, Rockville, MD 20857, 301–827–1223. DEPARTMENT OF HEALTH AND SUPPLEMENTARY INFORMATION: Under the DEPARTMENT OF HEALTH AND HUMAN SERVICES PRA (44 U.S.C. 3501–3520), Federal HUMAN SERVICES agencies must obtain approval from the Food and Drug Administration Food and Drug Administration Office of Management and Budget (OMB) for each collection of [Docket No. 2004N–0093] [Docket No. 2005N–0032] information they conduct or sponsor. ‘‘Collection of information’’ is defined Agency Information Collection Agency Information Collection in 44 U.S.C. 3502(3) and 5 CFR Activities; Announcement of Office of Activities; Proposed Collection; 1320.3(c) and includes agency requests Management and Budget Approval; Comment Request; Food Canning or requirements that members of the Registration of Producers of Drugs Establishment Registration, Process public submit reports, keep records, or and Listing of Drugs in Commercial Filing, and Recordkeeping for Acidified provide information to a third party. Distribution Foods and Thermally Processed Low- Section 3506(c)(2)(A) of the PRA (44 Acid Foods in Hermetically Sealed U.S.C. 3506(c)(2)(A)) requires Federal AGENCY: Food and Drug Administration, Containers HHS. agencies to provide a 60-day notice in ACTION: Notice. AGENCY: Food and Drug Administration, the Federal Register concerning each HHS. proposed collection of information, SUMMARY: The Food and Drug including each proposed extension of an ACTION: Notice. Administration (FDA) is announcing existing collection of information,
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before submitting the collection to OMB food processing establishments, filing of registration and process filing may be for approval. To comply with this process or other data, and maintenance accomplished simultaneously. Process requirement, FDA is publishing notice of processing and production records for data must be filed prior to packing any of the proposed collection of acidified foods and thermally processed new product, and operating processes information set forth in this document. low-acid foods in hermetically sealed and procedures must be posted near the With respect to the following containers. These requirements are processing equipment or made available collection of information, FDA invites intended to ensure safe manufacturing, to the operator (§ 113.87(a) (21 CFR comments on these topics: (1) Whether processing, and packing procedures and 113.87(a)). the proposed collection of information to permit FDA to verify that these Regulations in parts 108, 113, and 114 is necessary for the proper performance procedures are being followed. (21 CFR part 114) require firms to of FDA functions, including whether the Improperly processed low-acid foods maintain records showing adherence to information will have practical utility; present life-threatening hazards if the substantive requirements of the (2) the accuracy of FDA estimate of the contaminated with foodborne regulations. These records must be burden of the proposed collection of microorganisms, especially Clostridium made available to FDA on request. information, including the validity of botulinum. The spores of C. botulinum Firms are also required to document the methodology and assumptions used; must be destroyed or inhibited to avoid corrective actions when process controls (3) ways to enhance the quality, utility, production of the deadly toxin that and procedures do not fall within and clarity of the information to be causes botulism. This is accomplished specified limits (§§ 113.89, 114.89, and collected; and (4) ways to minimize the with good manufacturing procedures, 114.100(c)); to report any instance of burden of the collection of information which must include the use of adequate potential health-endangering spoilage, on respondents, including through the heat processes or other means of process deviation, or contamination use of automated collection techniques, preservation. with microorganisms where any lot of when appropriate, and other forms of the food has entered distribution in information technology. To protect the public health, FDA regulations require that each firm that commerce (§§ 108.25(d) and 108.35(d) Food Canning Establishment manufactures, processes, or packs and (e)); and to develop and keep on file Registration, Process Filing, and acidified foods or thermally processed plans for recalling products that may Recordkeeping for Acidified Foods and low-acid foods in hermetically sealed endanger the public health (§§ 108.25(e) Thermally Processed Low-Acid Foods containers for introduction into and 108.35(f)). To permit lots to be in Hermetically Sealed Containers interstate commerce register the traced after distribution, acidified foods (OMB Control Number 0910–0037)— establishment with FDA using Form and thermally processed low-acid foods Extension FDA 2541 (§§ 108.25(c)(1) and in hermetically sealed containers must Under the Federal Food, Drug, and 108.35(c)(2) (21 CFR 108.25(c)(1) and be marked with an identifying code Cosmetic Act (the act), FDA is 108.35(c)(2))). In addition to registering (§§ 113.60(c) (thermally processed authorized to prevent the interstate the plant, each firm is required to foods) and 114.80(b) (acidified foods)). distribution of food products that may provide data on the processes used to FDA estimates the burden of be injurious to health or that are produce these foods, using Form FDA complying with the information otherwise adulterated, as defined in 2541a for all methods except aseptic collection provisions of the agency’s section 402 of the act (21 U.S.C. 342). processing, or Form FDA 2541c for regulations for acidified foods and Under the authority granted to FDA by aseptic processing of low-acid foods in thermally processed low-acid foods in section 404 of the act (21 U.S.C. 344), hermetically sealed containers hermetically sealed containers as FDA regulations require registration of (§§ 108.25(c)(2) and 108.35(c)(2)). Plant follows:
TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1
No. of Respond- Annual Frequency Total Annual Re- Hours per Re- Form No. 21 CFR Section ents per Response sponses sponse Total Hours
FDA 2541 (Registra- tion) 108.25 and 585 1 585 .17 99 108.35
FDA 2541a (Process Filing) 108.25 and 1,778 9 16,002 .333 5,329 108.35
FDA 2541c (Process Filing) 108.35 124 10 1,240 .75 930
Total 6,358 1There are no capital costs or operating and maintenance costs associated with this collection of information.
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TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1
Annual Frequency per 21 CFR Part No. of Recordkeepers Recordkeeping Total Annual Records Hours per Record Total Hours
113 and 114 7,915 1 7,915 250 1,978,750 1There are no capital costs or operating and maintenance costs associated with this collection of information.
The reporting burden for §§ 108.25(d) information to: http://www.fda.gov/ Electronic Records; Electronic and 108.35(d) and (e) is insignificant dockets/ecomments. Submit written Signatures—(21 CFR Part 11) (OMB because notification of spoilage, process comments on the collection of Control Number 0910–0303)—Extension deviation or contamination of product information to the Division of Dockets FDA regulations in part 11 (21 CFR in distribution occurs less than once a Management (HFA–305), Food and Drug part 11) provide criteria for acceptance year. Most firms discover these Administration, 5630 Fishers Lane, rm. of electronic records; electronic problems before the product is 1061, Rockville, MD 20852. All signatures, and handwritten signatures distributed and, therefore, are not comments should be identified with the executed to electronic records as required to report the occurrence. To docket number found in brackets in the equivalent to paper records. Under these avoid double-counting, estimates for heading of this document. regulations, records and reports may be §§ 108.25(g) and 108.35(h) have not FOR FURTHER INFORMATION CONTACT: submitted to FDA electronically been included because they merely Karen L. Nelson, Office of Management provided the agency has stated our cross reference recordkeeping Programs (HFA–250), Food and Drug ability to accept the records requirements contained in parts 113 and Administration, 5600 Fishers Lane, electronically in an agency-established 114. Rockville, MD 20857, 301–827–1482. public docket and that the other Dated: January 28, 2005. SUPPLEMENTARY INFORMATION: Under the requirements of part 11 are met. PRA (44 U.S.C. 3501–3520), Federal Jeffrey Shuren, The recordkeeping provisions in part agencies must obtain approval from the Assistant Commissioner for Policy. 11 (§§ 11.10, 11.30, 11.50, and 11.300) Office of Management and Budget [FR Doc. 05–2297 Filed 2–4–05; 8:45 am] require standard operating procedures (OMB) for each collection of BILLING CODE 4160–01–S (SOPs) to assure appropriate use of, and information they conduct or sponsor. precautions for, systems using ‘‘Collection of information’’ is defined electronic records and signatures: (1) in 44 U.S.C. 3502(3) and 5 CFR DEPARTMENT OF HEALTH AND Section 11.10 specifies procedures and 1320.3(c) and includes agency requests HUMAN SERVICES controls for persons who use closed or requirements that members of the systems to create, modify, maintain, or public submit reports, keep records, or Food and Drug Administration transmit electronic records; (2) section provide information to a third party. [Docket No. 2005N–0045] 11.30 specifies procedures and controls Section 3506(c)(2)(A) of the PRA (44 for persons who use open systems to U.S.C. 3506(c)(2)(A)) requires Federal Agency Information Collection create, modify, maintain, or transmit agencies to provide a 60-day notice in Activities; Proposed Collection; electronic records; (3) section 11.50 the Federal Register concerning each Comment Request; Electronic specifies procedures and controls for proposed collection of information, Records; Electronic Signatures persons who use electronic signatures; including each proposed extension of an and (4) section 11.300 specifies controls AGENCY: Food and Drug Administration, existing collection of information, to ensure the security and integrity of HHS. before submitting the collection to OMB electronic signatures based upon use of ACTION: Notice. for approval. To comply with this identification codes in combination requirement, FDA is publishing notice with passwords. The reporting SUMMARY: The Food and Drug of the proposed collection of provision (§ 11.100) requires persons to Administration (FDA) is announcing an information set forth in this document. certify in writing to FDA that they will opportunity for public comment on the With respect to the following regard electronic signatures used in proposed collection of certain collection of information, FDA invites their systems as the legally binding information by the agency. Under the comments on these topics: (1) Whether equivalent of traditional handwritten Paperwork Reduction Act of 1995 (the the proposed collection of information signatures. PRA), Federal agencies are required to is necessary for the proper performance publish notice in the Federal Register of FDA’s functions, including whether The burden created by the concerning each proposed collection of the information will have practical information collection provision of this information, including each proposed utility; (2) the accuracy of FDA’s regulation is a one-time burden extension of an existing collection of estimate of the burden of the proposed associated with the creation of SOPs, information, and to allow 60 days for collection of information, including the validation, and certification. The agency public comment in response to the validity of the methodology and anticipates the use of electronic media notice. This notice solicits comments on assumptions used; (3) ways to enhance will substantially reduce the paperwork information collection provisions the quality, utility, and clarity of the burden associated with maintaining relating to FDA’s electronic records and information to be collected; and (4) FDA required records. electronic signatures. ways to minimize the burden of the The respondents will be businesses DATES: Submit written or electronic collection of information on and other for-profit organizations, state comments on the collection of respondents, including through the use or local governments, Federal agencies, information by April 8, 2005. of automated collection techniques, and nonprofit institutions. ADDRESSES: Submit electronic when appropriate, and other forms of FDA estimates the burden of this comments on the collection of information technology. collection of information as follows:
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TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1
Annual Frequency Total Annual Re- 21 CFR Section No. of Respondents per Response sponses Hours per Response Total Hours
11.100 4,500 1 4,500 1 4,500 1There are no capital costs or operating and maintenance costs associated with this collection of information.
TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1
Annual No. of Frequency of Total Annual Hours per 21 CFR Section Recordkeepers Recordkeeping Records Recordkeeper Total Hours
11.10 2,500 1 2,500 20 45,000
11.30 2,500 1 2,500 20 45,000
11.50 4,500 1 4,500 20 90,000
11.300 4,500 1 4,500 20 90,000
Total 270,000 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
Dated: February 1, 2005. You may submit written or electronic strongly encouraged. We are asking that Jeffrey Shuren, comments at any time, but they would registration occur by March 11, 2005. Assistant Commissioner for Policy. be most helpful if received on or before You may register by telephone, fax, or [FR Doc. 05–2298 Filed 2–4–05; 8:45 am] March 4, 2005. e-mail by contacting Brenda Boateng BILLING CODE 4160–01–S Location: The public meeting will be (see Contacts). held at The Crowne Plaza, 655 North If you need special accommodations 108th Ave., Omaha, NE 68154, 402– due to a disability, please contact Toni DEPARTMENT OF HEALTH AND 496–0850. Wooten at 301–595–0796 or by e-mail at HUMAN SERVICES ADDRESSES: You may submit written [email protected] at least 7 days in comments to the Division of Dockets advance of the meeting. Food and Drug Administration Management (HFA–305), Food and Drug Transcripts: You may request a Administration, 5630 Fishers Lane, rm. transcript of the meeting’s general [Docket No. 2003N–0312] 1061, Rockville, MD 20852. Submit session in writing from the Freedom of Animal Feed Safety System: A electronic comments to http:// Information Office (HFI–35), Food and Comprehensive Risk-Based Safety www.fda.gov/dockets/ecomments. Drug Administration, 5600 Fishers Program for the Manufacture and Follow the instructions for submitting Lane, rm. 12A–16, Rockville, MD 20857. Distribution of Animal Feeds; Notice of comments. You can view comments The transcript will not include the Public Meeting FDA has received on the Internet at individual breakout sessions, although http://www.fda.gov/ohrms/dockets/. their summaries will be included in the AGENCY: Food and Drug Administration, Contacts: general session transcript. The HHS. For General Information: Zoe Gill, transcript of the public meeting will be ACTION: Notice of public meeting; Center for Veterinary Medicine (HFV– available after the meeting, at a cost of request for comments. 226), Food and Drug Administration, 10 cents per page. You may also 7519 Standish Pl., Rockville, MD 20855, examine the transcript of the meeting at SUMMARY: The Food and Drug 240–453–6867, FAX: 240–453–6882, or the Division of Dockets Management Administration (FDA) is announcing a e-mail: [email protected]. (see ADDRESSES) between 9 a.m. and 4 public meeting to discuss our progress For Information About Registration: p.m., Monday through Friday and on on development of a comprehensive, Brenda Boateng, Center for Veterinary the CVM Web site at http:// risk-based Animal Feed Safety System Medicine (HFV–220), Food and Drug www.fda.gov/cvm. (AFSS) describing how animal feeds Administration, 7519 Standish Pl., SUPPLEMENTARY INFORMATION: (individual ingredients and mixed Rockville, MD 20855, 240–453–6850, feeds) should be manufactured, FAX: 240–453–6882, or e-mail: I. Background distributed, and used to minimize risks [email protected]. We envision the AFSS as an umbrella to humans and animals. We are seeking Registration: Registration forms are regulatory program aimed at protecting comments and assistance in our available on the Division of Dockets human and animal health, It is intended consideration of this safety program to Management Web site at http:// to cover the labeling, production, and effectively minimize the hazards to www.accessdata.fda.gov/scripts/oc/ distribution of all feed ingredients and public health posed by animal feed dockets/meetings/meetingdocket.cfm. mixed feeds at all stages of manufacture, products. Although there is no registration fee for distribution, and use. Date and Time: The public meting this meeting, registration is required. On September 23 and 24, 2003, we will be held on Tuesday, April 5, 2005, Due to limited meeting space, and to held a public meeting in Herndon, VA from 8 a.m. to 5 p.m., and Wednesday, permit the agency to adequately prepare to discuss the AFSS. The public meeting April 6, 2005, from 8 a.m. to 12:15 p.m. for the meeting, early registration is included active participation of people
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representing consumers, animal feed revising existing good manufacturing ACTION: Notice. processors, animal producers, and State practices (GMPs) to make them more and other Federal Government agencies. risk-based, development of GMP-type SUMMARY: The Food and Drug Following the meeting, we placed a regulations and/or guidance for Administration (FDA) is announcing the number of documents in the FDA producers of feed ingredients and availability of a guidance document for Docket named at the beginning of this nonmedicated feeds, extending industry (#160) entitled ‘‘Studies to notice. These documents included a regulatory control to users of feed, and Evaluate the Safety of Residues of transcript of the meeting, summaries of the role of State and first-party Veterinary Drugs in Human Food: breakout discussion groups, inspections. Repeat-Dose (Chronic) Toxicity Testing’’ presentations of invited speakers, and a On the morning of the first day of the (VICH GL–37). This guidance has been summary of the meeting. We stated our meeting, we will summarize the developed for veterinary use by the view that an AFSS should be aforementioned documents placed in International Cooperation on comprehensive and risk-based, and we our docket, followed by breakout Harmonisation of Technical have since drafted definitions for these sessions in the afternoon to discuss each Requirements for Registration of terms and placed them in this Docket. topic. Additionally, one group will be Veterinary Medicinal Products (VICH). Likewise, we created and placed in the asked to discuss the perceived benefits This VICH guidance document is Docket a listing of elements we felt of the AFSS. The breakout group(s) on intended to establish recommendations would be essential for process control risk analysis and risk-ranking is likely to for internationally harmonized repeat- under an AFSS. After reviewing be of greatest interest to meeting dose chronic toxicity testing. attendees who have a scientific comments to these items in the Docket, DATES: Submit written or electronic we drafted the following framework for background. If you are interested in comments at any time. the AFSS, including the four major participating in the breakout group on ADDRESSES: components we see as comprising the risk analysis and risk-ranking, please Submit written requests for AFSS: indicate this on your registration form. single copies of the guidance to the • Component 1—Ingredients and the We will do our best to accommodate Communications Staff (HFV–12), Center approval process. these requests. for Veterinary Medicine (CVM), Food • Component 2—Limits for animal Discussions will be summarized in and Drug Administration, 7519 Standish feed contaminants. breakout group reports on the final day Pl., Rockville, MD 20855. Send one self- • Component 3—Process control for of the meeting. The meeting will wrap addressed adhesive label to assist that the production of feed ingredients and up with an open discussion and closing office in processing your requests. See mixed feed. remarks. the SUPPLEMENTARY INFORMATION section • Component 4—Regulatory for electronic access to the guidance III. Comments oversight. document. This new document has been added Interested persons may submit written Submit written comments on the to our Web site and the Docket and will or electronic comments to the Division guidance to the Division of Dockets be discussed at the meeting. We also of Dockets Management (see Management (HFA–305), Food and Drug intend to discuss a draft risk-ranking ADDRESSES). Comments should be Administration, 5630 Fishers Lane, rm. model under development by the identified with the full title and the 1061, Rockville, MD 20852. Submit agency for determining the relative risks docket number found in brackets in the electronic comments to http:// of the numerous hazards that may be heading of this document. A copy of the www.fda.gov/dockets/ecomments. present in animal feed. Your comments received comments will be available for Comments should be identified with the on our proposed framework, including public examination in the Division of full title of the guidance and the docket Components 1 through 4, and any risk- Dockets Management between 9 a.m. number found in brackets in the related topics would be most and 4 p.m., Monday through Friday. heading of this document. appreciated. Please submit all Dated: January 28, 2005. FOR FURTHER INFORMATION CONTACT: comments by March 4, 2005. Jeffrey Shuren, Louis T. Mulligan, Center for Veterinary II. Meeting Assistant Commissioner for Policy. Medicine (HFV–153), Food and Drug [FR Doc. 05–2210 Filed 2–4–05; 8:45 am] We are holding the meeting in an Administration, 7500 Standish Pl., effort to further gather information from BILLING CODE 4160–01–M Rockville, MD 20855, 301–827–6984, e- you, our stakeholders, on the design of mail: [email protected]. SUPPLEMENTARY INFORMATION: an effective, comprehensive, preventive, DEPARTMENT OF HEALTH AND risk-based AFSS that is intended to help HUMAN SERVICES I. Background minimize risks associated with animal feeds. Food and Drug Administration In recent years, many important Resources and costs are important initiatives have been undertaken by considerations in any such undertaking, [Docket No. 2003D–0466] regulatory authorities and industry and we are receptive to suggestions International Cooperation on associations to promote the about how these can be controlled or Harmonisation of Technical international harmonization of used most effectively while focusing Requirements for Registration of regulatory requirements. FDA has preventive efforts on important known Veterinary Medicinal Products (VICH); participated in efforts to enhance and emerging health risks associated Guidance for Industry on Studies to harmonization and has expressed its with animal feeds. We are particularly Evaluate the Safety of Residues of commitment to seek scientifically based interested in your thoughts on the Veterinary Drugs in Human Food: harmonized technical procedures for the application of Hazard Analysis and Repeat-Dose (Chronic) Toxicity development of pharmaceutical Critical Control Point (HACCP) Testing (VICH GL–37); Availability products. One of the goals of (mandatory or voluntary) to any or all harmonization is to identify and then segments of the industry, development AGENCY: Food and Drug Administration, reduce differences in technical of risk standards for contaminants, HHS. requirements for drug development
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among regulatory agencies in different intakes for veterinary drug residues in V. Electronic Access countries. human food. This guidance was Copies of the guidance document FDA has actively participated in the developed after consideration of the entitled ‘‘Studies to Evaluate the Safety International Conference on current practices for evaluating of Residues of Veterinary Drugs in Harmonisation of Technical veterinary drug residues in human food Human Food: Repeat-Dose (Chronic) Requirements for Approval of in the European Union, Japan, the Toxicity Testing’’ (VICH GL–37) may be Pharmaceuticals for Human Use for United States, Australia, New Zealand, obtained on the Internet from the CVM several years to develop harmonized and Canada. It also took account of home page at http://www.fda.gov/cvm. technical requirements for the approval available data from subchronic and Dated: January 25, 2005. of human pharmaceutical and biological chronic toxicity studies. products among the European Union, Jeffrey Shuren, Japan, and the United States. The VICH Information collection is covered Assistant Commissioner for Policy. is a parallel initiative for veterinary under the Office of Management and [FR Doc. 05–2266 Filed 2–4–05; 8:45 am] Budget (OMB) control number 0910– medicinal products. The VICH is BILLING CODE 4160–01–S concerned with developing harmonized 0032. technical requirements for the approval III. Significance of Guidance of veterinary medicinal products in the DEPARTMENT OF HEALTH AND European Union, Japan, and the United This document, developed under the HUMAN SERVICES States, and includes input from both VICH process, has been revised to regulatory and industry representatives. conform to FDA’s good guidance Food and Drug Administration The VICH Steering Committee is practices regulation (21 CFR 10.115). University of Arkansas/Food and Drug composed of member representatives For example, the document has been from the European Commission, Administration Food Labeling; Public designated ‘‘guidance’’ rather than Workshop European Medicines Evaluation Agency; ‘‘guideline.’’ Because guidance European Federation of Animal Health; documents are not binding, mandatory AGENCY: Food and Drug Administration, Committee on Veterinary Medicinal words such as ‘‘must,’’ ‘‘shall,’’ and HHS. Products; the U.S. FDA; the U.S. ‘‘will’’ in the original VICH document ACTION: Notice of public workshops. Department of Agriculture; the Animal have been substituted with ‘‘should.’’ Health Institute; the Japanese Veterinary Similarly, words such as ‘‘require’’ or SUMMARY: The Food and Drug Pharmaceutical Association; the ‘‘requirement’’ have been replaced by Administration (FDA), Office of Japanese Association of Veterinary ‘‘recommend’’ or ‘‘recommendation’’ as Regulatory Affairs (ORA), Southwest Biologics; and the Japanese Ministry of appropriate to the context. Regional Small Business Representative Agriculture, Forestry and Fisheries. Program (SWR SBR), in collaboration Four observers are eligible to The VICH guidance (#160) is with The University of Arkansas (UA), participate in the VICH Steering consistent with the agency’s current is announcing a public workshop Committee: One representative from the thinking on the safety of residues of entitled ‘‘UA/FDA Food Labeling government of Australia/New Zealand, veterinary drugs in human foods. This Workshop.’’ This public workshop is one representative from the industry in guidance does not create or confer any intended to provide information about Australia/New Zealand, one rights for or on any person and will not FDA food labeling regulations and other representative from the government of operate to bind FDA or the public. An related subjects to the regulated Canada, and one representative from the alternative method may be used as long industry, particularly small businesses industry of Canada. The VICH as it satisfies the requirements of and startups. Secretariat, which coordinates the applicable statutes and regulations. Date and Time: This public workshop preparation of documentation, is IV. Comments will be held on April 5, 2005, from 8 provided by the International a.m. to 5 p.m., and on April 6, 2005, Federation for Animal Health (IFAH). As with all of FDA’s guidances, the from 8 a.m. to 3 p.m. An IFAH representative also public is encouraged to submit written Location: The public workshop will participates in the VICH Steering or electronic comments pertinent to this be held at the Continuing Education Committee meetings. guidance. FDA will periodically review Center in Fayetteville, AR, located II. Guidance on Repeat-Dose Chronic the comments in the docket and, where downtown (2 East Center St.). Contact: Steven C. Seideman, 2650 Toxicity Testing appropriate, will amend the guidance. The agency will notify the public of any North Young Ave., Institute of Food In the Federal Register of October 23, such amendments through a notice in Science & Engineering, University of 2003 (68 FR 60703), FDA published the the Federal Register. Arkansas, Fayetteville, AR 72704, 479– notice of availability of the VICH draft 575–4221, FAX: 479–575–2165, or e- guidance, giving interested persons Interested persons may submit to the mail: [email protected]. until November 24, 2003, to submit Division of Dockets Management (see For information on accommodation comments. After consideration of ADDRESSES) written or electronic options, contact Steven C. Seideman comments received, the draft guidance comments regarding this document. (see Contact). was changed in response to the Submit a single copy of electronic Registration: Registration by March comments and submitted to the VICH comments or two paper copies of any 21, 2005, is encouraged. The University Steering Committee. At a meeting held mailed comments, except that of Arkansas has a $75 registration fee to on May 3, 2004, the VICH Steering individuals may submit one paper copy. cover the cost of facilities, materials, Committee endorsed the final guidance Comments are to be identified with the speakers, and breaks. Seats are limited, for industry, VICH GL–37. This VICH docket number found in brackets in the please submit your registration as soon guidance is one of a series of guidances heading of this document. Received as possible. Course space will be filled developed to facilitate the mutual comments may be seen in the Division in order of receipt of registration. Those acceptance of safety data necessary for of Dockets Management between 9 a.m. accepted into the course will receive the determination of acceptable daily and 4 p.m., Monday through Friday. confirmation. Registration will close
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after the course is filled. Registration at firms, particularly small businesses, SUPPLEMENTARY INFORMATION: Homeland the site is not guaranteed but may be with firsthand working knowledge of Security Presidential Directive -5 possible on a space available basis on FDA’s requirements and compliance required the Secretary of Homeland the day of the public workshop policies. This workshop is also Security to develop and administer a beginning at 8 a.m. The cost of consistent with the Small Business National Incident Management System registration at the site is $80 payable to Regulatory Enforcement Fairness Act of and a National Response Plan. The The University of Arkansas. If you need 1996 (Public Law 104–121), as outreach National Incident Management System special accommodations due to a activities by Government agencies to (NIMS), released in March 2004, disability, please contact Steven C. small businesses. established a unified and standardized Seideman (see Contact) at least 7 days The goal of this public workshop is to approach within the United States for in advance. present information that will enable protecting citizens and managing Registration Form Instructions: To manufacturers and regulated industry to homeland security incidents. The register, please complete the form below better comply with labeling National Response Plan standardizes and submit along with a check or money requirements, especially in light of Federal incident management actions by order for $75 payable to the ‘‘The growing concerns about obesity and integrating existing and formerly University of Arkansas.’’ Mail to: food allergens. Information presented distinct processes. Using the Institute of Food Science & Engineering, will be based on agency position as comprehensive framework of the NIMS, University of Arkansas, 2650 North articulated through regulation, the National Response Plan provides the Young Ave., Fayetteville, AR 72704. compliance policy guides, and structure and mechanisms for the Name: ______information previously made available coordination of Federal support to State, Affiliation: ______to the public. Topics to be discussed at local, and tribal incident managers and Mailing Address: ______the workshop include: (1) Mandatory for exercising direct Federal authorities City: ______State:_____ label elements, (2) nutrition labeling and responsibilities. It is applicable to Zip Code: ______requirements, (3) health and nutrition all Federal departments and agencies Phone: ( ) ______claims, (4) FDA’s allergen declaration that may be requested to provide Fax: ( ) ______policy, and (5) special labeling issues assistance or conduct operations in the E-mail: ( ) ______such as exemptions. FDA expects that context of actual or potential incidents Special Accommodations Required: participation in this public workshop of national significance. ______will provide regulated industry with The purpose of the National Response Transcripts: Transcripts of the public greater understanding of the regulatory Plan is to establish a comprehensive, workshop will not be available due to and policy perspectives on food labeling national, all-hazards approach to the format of this workshop. Course and increase voluntary compliance. domestic incident management across a handouts may be requested at cost Dated: February 1, 2005. spectrum of activities including through the Freedom of Information Jeffrey Shuren, prevention, preparedness, response, and recovery. The National Response Plan Office (HFI–35), Food and Drug Assistant Commissioner for Policy. Administration, 5600 Fishers Lane, rm. incorporates the best practices and [FR Doc. 05–2299 Filed 2–4–05; 8:45 am] procedures from various incident 12A–16, Rockville, MD 20857, BILLING CODE 4160–01–S approximately 15 working days after the management disciplines—homeland public workshop at a cost of 10 cents security, emergency management, law enforcement, firefighting, hazardous per page. DEPARTMENT OF HOMELAND materials response, public works, public SUPPLEMENTARY INFORMATION: The FDA SECURITY health, emergency medical services, and Southwest Regional Small Business responder and recovery worker health Publication and Release of the Representative previously presented and safety—and integrates them into a National Response Plan this workshop in Kansas City, MO on unified coordinating structure. As such, January 10 and 11, 2002 (66 FR 65976) AGENCY: Department of Homeland it is intended to replace the Initial and in Dallas, TX on April 14 and 15, Security. National Response Plan, the Federal 2002 (67 FR 15211). ACTION: Notice. Response Plan, the U.S. Government This public workshop is being held in Domestic Terrorism Concept of response to the large volume of food SUMMARY: This Notice informs the Operations Plan, and the Federal labeling inquiries from small food public that the Department of Homeland Radiological Emergency Response Plan, manufacturers and startups originating Security (DHS) has developed and all of which are currently in effect. from the area covered by the FDA published the National Response Plan, The National Response Plan Denver District Office. The Southwest which is now available to the public. represents a true ‘‘national’’ framework Regional Small Business Representative Authority: Homeland Security Act of 2002, in terms of both product and process. presents these workshops to help Public Law 107–296; Homeland Security The National Response Plan achieve objectives set forth in section Presidential Directive -5, Management of development process included 406 of the Food and Drug Domestic Incidents. extensive vetting and coordination with Administration Modernization Act of FOR FURTHER INFORMATION CONTACT: Federal, State, local, and tribal agencies, 1997 (21 U.S.C. 393), which include National Response Plan: Bob Shea, nongovernmental organizations, private- working closely with stakeholders and Operational Integration Staff, DHS, sector entities, and the first-responder maximizing the availability and clarity Washington, DC 20528, 202–282–9651 and emergency management of information to stakeholders and the or [email protected]. communities across the country. The public. This is consistent with the National Incident Management activation of the National Response Plan purposes of the Small Business System: Gil Jamieson, National Incident and its coordinating structures and Representative Program, which are in Management System Integration Center, protocols—either partially or fully—for part to respond to industry inquiries, DHS/FEMA, Washington, DC 20472, specific incidents of national develop educational materials, sponsor 202–646–4090, or significance provides mechanisms for workshops and conferences to provide [email protected]. the coordination and implementation of
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a wide variety of incident management Response Plan may be obtained by by Security personnel. All visitors will and emergency assistance activities. calling 800–480–2520. be issued a visitor pass which must be Included in these activities are Federal Dated: January 28, 2005. worn at all times while on campus. support to State, local, and tribal Please allow adequate time before the Bob Stephan, authorities; interaction with meeting to complete the security nongovernmental, private donor, and Special Assistant to the Secretary, process. Department of Homeland Security. private-sector organizations; and the Conference Call Capabilities: If you coordinated, direct exercise of Federal [FR Doc. 05–2259 Filed 2–4–05; 8:45 am] are not able to attend in person, a toll authorities, when appropriate. BILLING CODE 4410–10–P free number has been set up for The plan was approved by the teleconferencing. The toll free number Homeland Security Council and signed will be available from 10:30 a.m. until by 32 Federal departments and agencies, DEPARTMENT OF HOMELAND 3 p.m. Members should call in around and nongovernmental organizations. SECURITY 10:30 a.m. The number is 1–800–320– The signatories are the Department of Federal Emergency Management 4330. The FICEMS conference code is Agriculture, Department of Commerce, Agency ‘‘885721#.’’ Department of Defense, Department of FICEMS Meeting Minutes: Minutes of Education, Department of Energy, Open Meeting of the Federal the meeting will be prepared and will be Department of Health and Human Interagency Committee on Emergency available upon request 30 days after Services, Department of Homeland Medical Services (FICEMS) they have been approved at the next Security, Department of Housing and FICEMS Committee Meeting on June 2, Urban Development, Department of the AGENCY: Federal Emergency 2005. The minutes will also be posted Interior, Department of Justice, Management Agency (FEMA), on the United States Fire Department of Labor, Department of Department of Homeland Security. Administration Web site at http:// State, Department of Transportation, ACTION: Notice of open meeting. www.usfa.fema.gov/fire-service/ems/ Department of the Treasury, Department ficems.shtm within 30 days after their of Veterans Affairs, Central Intelligence SUMMARY: FEMA announces the approval at the June 2, 2005, FICEMS Agency, Environmental Protection following open meeting. Committee Meeting. Agency, Federal Bureau of Investigation, Name: Federal Interagency Committee on Emergency Medical Services Dated: January 31, 2005. Federal Communications Commission, R. David Paulison, General Services Administration, (FICEMS). U.S. Fire Administrator. National Aeronautic and Space Date of Meeting: March 3, 2005. Administration, National Transportation Place: Building J, Room 138, National [FR Doc. 05–2258 Filed 2–4–05; 8:45 am] Safety Board, Nuclear Regulatory Emergency Training Center (NETC), BILLING CODE 9110–17–P Commission, Office of Personnel 16825 South Seton Avenue, Management, Small Business Emmitsburg, Maryland 21727. Administration, Social Security Times: 10:30 a.m.—Main FICEMS DEPARTMENT OF THE INTERIOR Administration, Tennessee Valley Meeting; 1 p.m.—FICEMS Ambulance Fish and Wildlife Service Authority, U.S. Agency for International Safety Subcommittee. Proposed Agenda: Review and Development, U.S. Postal Service, Availability of an Environmental American Red Cross, Corporation for submission for approval of previous FICEMS Committee Meeting Minutes Assessment and Receipt of National and Community Service, and Applications for Incidental Take National Voluntary Organizations and Ambulance Safety Subcommittee reports; Action Items review; Permits for the Arnaudo Brothers, Active in Disaster. Wathen-Castanos, and River East Implementation of the National presentation of member agency reports; Holding Sites in Merced County, CA Response Plan commenced on and reports of other interested parties. December 15, 2004 per a memorandum SUPPLEMENTARY INFORMATION: This AGENCY: Fish and Wildlife Service, from the Secretary of Homeland meeting will be open to the public with Interior. Security. Implementation will occur in limited seating available on a first-come, ACTION: Notice of availability and three phases over the period of one year. first-served basis. See the Response and receipt of applications. During the first 120 days of the Security Procedures below. implementation process, the Initial Response Procedures: Committee SUMMARY: The Arnaudo Brothers, National Response Plan, the Federal Members and members of the general Wathen-Castanos, and River East Response Plan, the U.S. Government public who plan to attend the meeting Holding Sites (Applicants) have applied Domestic Terrorism Concept of should contact Ms. Lee Wren, on or to the Fish and Wildlife Service Operations Plan, and the Federal before Tuesday, March 1, 2005, via mail (Service) for incidental take permits Radiological Emergency Response Plan at NETC, 16825 South Seton Avenue, pursuant to section 10(a)(1)(B) of the remain in effect. After April 14, 2005, Emmitsburg, Maryland 21727, or by Endangered Species Act (Act) of 1973, these plans are superseded by the telephone at (301) 447–1107, or via as amended. The Service is considering National Response Plan. Detailed facsimile at (301) 447–1178, or via e- issuing 10-year permits to the implementation guidance and schedules mail at [email protected]. This is Applicants that would authorize take of are identified in the Letter of Instruction necessary to be able to create and the endangered San Joaquin kit fox in the base plan of the document. provide a current roster of visitors to (Vulpes macrotis mutica, ‘‘kit fox’’) This Notice informs the public of the NETC Security per directives. incidental to otherwise lawful activities release and availability of the National Security Procedures: Increased associated with the residential and Response Plan. The National Response security controls and surveillance are in commercial development of four sites in Plan is available on the Department of effect at the National Emergency Merced County, California. The projects Homeland Security’s Web site at Training Center. All visitors must have would result in the incidental take of kit www.dhs.gov/nationalresponseplan. A a valid picture identification card and fox on the project sites through hard copy or CD–ROM of the National their vehicles will be subject to search permanent removal of 182 acres of
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habitat. Incidental take may also Route 33 respectively, and north of State south of the Santa Nella community. potentially occur during construction Route 152. The O’Neill Forebay State The combination of on-site and off-site and ground disturbance activities, Wildlife Area lies west of the Delta- habitat preservation is intended to which may affect occupied dens and Mendota Canal, which is located west of achieve the goal of protecting and individual foxes. the project sites. To the south of the maintaining habitat to facilitate We request comments from the public project sites, the Delta-Mendota Canal population interchange between the on the permit applications and the and California Aqueduct flow from west core population to the south and Environmental Assessment, both of to east. The River East site, on which the northern kit fox populations, and to which are available for review. The proposed wastewater treatment facility help ensure the survival of source permit applications include the would be located, is situated to the east populations. proposed Habitat Conservation Plan of Interstate 5 and west of the Outside In addition to habitat preservation (HCP) and associated Implementing Canal. The proposed development and management, the Applicants Agreement. The HCP describes the would occur on undeveloped parcels propose to avoid and/or minimize the proposed action and the measures that within an area of existing residential potential effect on kit foxes associated the Applicants will undertake to and commercial development. The with pre-construction and construction minimize and mitigate, to the maximum project sites contain, and are adjacent activities through the adoption of extent practicable, take of the kit fox. to, habitat suitable to support kit fox. various measures, including the DATES: We must receive your written Critical habitat for the kit fox has been Service’s standardized comments on or before March 9, 2005. neither designated nor proposed. recommendations for protection of the Kit foxes have historically been kit fox prior to and during ground ADDRESSES: Please address written known to occur in the area of the disturbance activities. Furthermore, the comments to Ms. Lori Rinek, U.S. Fish proposed projects, and have been seen Applicants have identified measures to and Wildlife Service, 2800 Cottage Way, south and northwest of the project sites. avoid and minimize any potential Room W–2605, Sacramento, California At least 13 surveys for the kit fox have indirect effects on kit foxes using 95825. You also may send comments by been conducted in the Santa Nella area, preserved corridors adjacent to the facsimile to (916) 414–6713. of which 5 determined kit fox to be proposed development. Such measures FOR FURTHER INFORMATION CONTACT: Ms. present in the area. In 1992, a kit fox include leash laws, signage and fencing, Lori Rinek, Chief, Conservation survey (conducted according to 1990 night lighting standards, and pesticide Planning and Recovery Division, at California Department of Fish and Game and rodenticide restrictions. (916) 414–6600. recommendations) was undertaken for The Service’s Environmental SUPPLEMENTARY INFORMATION: the Santa Nella community; however, Assessment evaluates the environmental consequences of four alternatives, Availability of Documents no kit foxes were detected. Kit foxes are known to occur south of the State Route including: (1) The Proposed Project You may obtain copies of these 33/152 interchange. A female with pups Alternative, which involves the of documents for review by contacting the was observed in 2004 along Billie issuance of incidental take permits and above office [see FOR FURTHER Wright Road. Kit fox sightings and dens implementation of the proposed HCP; INFORMATION CONTACT]. Documents also have also been reported in and around (2) the Reduced Density Alternative, will be available for public inspection, the proposed Los Banos Grandes which is identical to the Proposed by appointment, during normal business Reservoir and the proposed Villages of Project Alternative, except that hours at the above address [see Laguna San Luis project, both located residential housing construction within ADDRESSES] and at the following Web south of the project sites. In the spring the project sites would occur at half the site: http://www.harveyecology.com/. of 1998, a radio-collared kit fox was density as that planned under the Proposed Project Alternative; (3) the Background documented northwest of the Santa Nella community within the right-of- 1999 Draft HCP Alternative, which Section 9 of the Act and Federal way along the Delta-Mendota Canal. involves the same level of development regulations prohibit the ‘‘take’’ of fish Based on the results of these surveys as the Proposed Project Alternative, but and wildlife species listed as and on other records, the Service has differs in the approaches proposed to endangered or threatened. Take of determined that the implementation of address potential impacts to kit fox as federally-listed fish and wildlife is the proposed projects would likely a result of the development; and (4) the defined under the Act as including to result in take of kit fox through the No Action Alternative, which presumes ‘‘harass, harm, pursue, hunt, shoot, permanent removal of 182 acres of that no incidental take permits would be wound, kill, trap, capture, or collect, or habitat on the sites. issued and that the proposed to attempt to engage in any such To mitigate for any take of kit fox on development would not proceed. conduct.’’ The Service may, under the project sites, the Applicants propose Although the Reduced Density limited circumstances, issue permits to to preserve, and manage in perpetuity, Alternative does not differ from the authorize incidental take (i.e., take that a total of 447.9 acres of kit fox habitat. Proposed Project Alternative with is incidental to, and not the purpose of, Within the Santa Nella community, the respect to the establishment of corridors the carrying out of an otherwise lawful Applicants would establish movement and preservation of other conservation activity). Regulations governing corridors consisting of 39.8 acres along lands, the reduction in housing density incidental take permits for threatened the Delta-Mendota Canal and 27.1 acres would potentially result in the creation species are found in 50 CFR 17.32. along the west side of the Outside of small habitat patches, which could The Applicants propose to develop Canal. In addition, a 5-acre refugium further adversely affect kit foxes. The 182 acres on 4 sites in the would be created north of the San Luis 1999 Draft HCP Alternative, which unincorporated community of Santa Wasteway and east of the Delta-Mendota proposes the preservation of off-site Nella in western Merced County, Canal. The Applicants also propose to habitat only, would result in an inferior California: Arnaudo 1, Arnaudo 2, preserve in perpetuity 376 acres of off- conservation outcome for kit fox than Wathen-Castanos, and River East. The site habitat, which would provide the Proposed Project Alternative Arnaudo 1 and 2 and Wathen-Castanos breeding and foraging areas for source because it would not lead to the sites are situated west and east of State populations located to the north and permanent establishment of movement
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corridors through the Santa Nella INTERNATIONAL TRADE claims 1–4, 7, 17, 18 and 20–23 of U.S. community. The Service considers COMMISSION Patent No. 6,433,277 (‘‘the ‘277 patent’’); movement corridors, which would claims 1–4, 7 and 8 of U.S. Patent No. [Inv. No. 337–TA–501] facilitate population interchange 6,630,728 (‘‘the ‘728 patent’’); and between northern and southern kit fox In the Matter of Certain Encapsulated claims 1, 2, 13 and 14 of U.S. Patent No. populations, to be of critical importance Integrated Circuit Devices and 6,455,356 (‘‘the ‘356 patent’’). 68 FR to the survival of the species. The No Products Containing Same; Notice of 70836 (December 19, 2003). The Action Alternative would not provide Decision to Review in its Entirety a complainant named Carsem (M) Sdn for the long-term conservation of kit fox Final Initial Determination Finding No Bhd; Carsem Semiconductor Sdn Bhd; in the area because conservation lands Violation of Section 337; Schedule for and Carsem, Inc. as respondents. and movement corridors would not be Filing Written Submissions; Extension The evidentiary hearing in this permanently established. of Target Date investigation was held from July 6 Pursuant to an order issued on June through July 30, 2004, and August 9 10, 2004, by the District Court for the AGENCY: U.S. International Trade through August 11, 2004. On November District of Columbia in Spirit of the Sage Commission. 18, 2004, the presiding ALJ issued a Council v. Norton Civil Action No. 98– ACTION: Notice. final ID finding no violation of section 1873 (D.D.C.), the Service is enjoined 337. All of the parties to the from issuing new section 10(a)(1)(B) SUMMARY: Notice is hereby given that investigation, including the Commission permits or related documents containing the U.S. International Trade investigative attorney filed timely ‘‘No Surprises’’ assurances, as defined Commission has determined (1) to petitions for review of various portions by the Service’s ‘‘No Surprises’’ rule review in its entirety a final initial of the final ID. Respondents designated published at 63 FR 8859 (February 23, determination (‘‘ID’’) issued by the their petition to be contingent upon the 1998), until such time as the Service presiding administrative law judge granting of any other petition for review adopts new permit revocation rules (‘‘ALJ’’) on November 18, 2004, finding or upon the Commission’s reviewing the specifically applicable to section no violation of section 337 of the Tariff ALJ’s ID on its own motion pursuant to 10(a)(1)(B) permits in compliance with Act of 1930, 19 U.S.C. 1337, in the 19 CFR 210.44. All parties filed timely the public notice and comment above-captioned investigation; and (2) responses to the petitions for review. requirements of the Administrative to extend the target date for completion Having examined the record in this Procedures Act. This notice concerns a in this investigation by thirty-seven (37) investigation, including the ALJ’s final step in the review and processing of a days, i.e., until March 31, 2005. ID, the petitions for review, and the section 10(a)(1)(B) permit and any FOR FURTHER INFORMATION CONTACT: responses thereto, the Commission has subsequent permit issuance will be in Michael Liberman, Esq., Office of the determined to review the ID in its accordance with the Court’s order. Until General Counsel, U.S. International entirety. At this time the Commission such time as the June 10, 2004, order Trade Commission, 500 E Street, SW., requests briefing, based on the has been rescinded or the Service’s Washington, DC 20436, telephone (202) evidentiary record, that concerns only authority to issue permits with ‘‘No 205–3115. Copies of the public version the issue of claim interpretation. Further Surprises’’ assurances has been of the IDs and all nonconfidential briefing may be requested at a later date. otherwise reinstated, the Service will documents filed in connection with this The Commission is particularly not approve any incidental take permits investigation are or will be available for interested in receiving answers to the or related documents that contain ‘‘No inspection during official business following questions: Surprises’’ assurances. hours (8:45 a.m. to 5:15 p.m.) in the 1. Does the specification of the ‘277 This notice is provided pursuant to Office of the Secretary, U.S. patent satisfy the ‘‘written description’’ section 10(a) of the Act and the International Trade Commission, 500 E requirement of 35 U.S.C.112, ¶ 1 with regulations of the National Street, SW., Washington, DC 20436, respect to the claim limitations ‘‘fully Environmental Policy Act (NEPA) of telephone (202) 205–2000. Hearing- around a circumference of the die pad’’ 1969 (40 CFR 1506.6). All comments impaired persons are advised that found in claims 2, 3, and 4, and ‘‘fully that we receive, including names and information on this matter can be around the die pad’’ found in claims 21, addresses, will become part of the obtained by contacting the 22, and 23? official administrative record and may Commission’s TDD terminal on (202) 2. How should the following claim be made available to the public. We will 205–1810. General information limitations be construed: evaluate the application, associated concerning the Commission may also be (a) ‘‘Fully around a circumference of documents, and comments submitted obtained by accessing its Internet server the die pad’’ (‘277 patent, claims 2, 3, thereon to determine whether the (http://www.usitc.gov). The public and 4); (b) ‘‘fully around the die pad’’ (‘277 application meets the requirements of record for this investigation may be NEPA regulations and section 10(a) of patent, claims 21, 22, and 23); viewed on the Commission’s electronic (c) ‘‘surrounding the second surface’’ the Act. If we determine that those docket (EDIS) at http://edis.usitc.gov. requirements are met, we will issue a (‘356 patent, claims 1 and 13); SUPPLEMENTARY INFORMATION: On permit to the Applicant for the (d) ‘‘the side surface of the die pad December 19, 2003, the Commission incidental take of the kit fox. We will includes a means around the instituted an investigation under section make our final permit decision no circumference of the die pad for 337 of the Tariff Act of 1930, 19 U.S.C. sooner than 30 days from the date of vertically locking,’’ (‘277 patent, claim 1337, based on a complaint filed by this notice. 17)? Amkor Technology, Inc. alleging a In particular, please address whether Dated: January 28, 2005. violation of section 337 in the the claim limitations ‘‘fully around a Mike Boylen, importation, sale for importation, and circumference of the die pad’’ and Deputy Manager, California/Nevada sale within the United States after ‘‘fully around the die pad’’ are Operations Office, Sacramento, California. importation of certain encapsulated indefinite. [FR Doc. 05–2250 Filed 2–4–05; 8:45 am] integrated circuit devices and products 3. How should the following claim BILLING CODE 4310–55–P containing same in connection with terms of the ‘356 patent be construed:
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(a) ‘‘Horizontal peripheral third Procedure (19 CFR §§ 210.42–210.45 (e.g., permitting electronic submissions surface’’ (claims 1, 13); and 210.51). of responses.) (b) ‘‘vertical outer peripheral surface’’ By order of the Commission. Agency: Employment and Training (claims 1, 13); and Issued: February 1, 2005. Administration. (c) ‘‘horizontal third surface’’ (claim Marilyn R. Abbott, Type of Review: Revision of a 1)? currently approved collection. Secretary to the Commission. 4. How should the following claim Title: Planning Guidance and limitations be construed: [FR Doc. 05–2261 Filed 2–4–05; 8:45 am] Instructions for Submission of the (a) ‘‘The second surface of the die pad BILLING CODE 7020–02–P Strategic Five Year State Plan for Title is exposed in the plane of the first I of the Workforce Investment Act of exterior surface of the package body’’ 1998 (WIA) and the Wagner Peyser Act. (‘277 patent, claim 18); and DEPARTMENT OF LABOR OMB Number: 1205–0398. (b) ‘‘the second surface of each lead is Frequency: Every five years. exposed in a horizontal plane of a first Office of the Secretary Type of Response: Reporting. exterior surface of the package’’ (‘356 Affected Public: State, Local, or Tribal Submission for OMB Emergency patent, claims 1, 13)? Government. Review; Comment Request In particular, please address how Total Respondents: 59. plating affects whether ‘‘the second February 1, 2005. Number of Responses: 59. surface of the die pad’’ in claim 18 of The Department of Labor has Total Burden: 1,475. Total Annualized Capital/Startup the ‘277 patent and ‘‘the second surface submitted the following information Cost): $ 0. of each lead’’ in claims 1 and 13 of the collection request (ICR), utilizing Total Annual Costs (Operating/ ‘356 patent are ‘‘exposed.’’ emergency review procedures, to the Maintaining Systems or Purchasing 5. Do the preambles of claims 1 and Office of Management and Budget Services): $ 0. 3 of the ‘728 patent constitute claim (OMB) for review and approval in limitations? In particular, please address Description: All current WIA State accordance with the Paperwork Plans will expire June 30, 2005. It is how the intrinsic evidence supports Reduction Act of 1995 (Public Law 104– your position in light of the teachings of unlikely that Congress will pass a 13, 44 U.S.C. Chapter 35). OMB reauthorized Workforce Investment Act the Court of Appeals for the Federal approval has been requested by March Circuit. (WIA) before that time. Therefore, the 9, 2005. A copy of this ICR, with enclosed Proposed WIA Planning Written Submissions: Submissions applicable supporting documentation, should be concise and thoroughly Guidance is designed to advise States may be obtained by calling the about how to continue their WIA Title referenced to the record in this Department of Labor’s Departmental investigation. The written submissions I and Wagner Peyser Act programs Clearance Officer, Ira L. Mills at (202) under Public Law 105–220. must be filed no later than close of 693–4122 (this is not a toll-free business on February 14, 2005. Reply number); via e-mail at: mills- Ira L. Mills, submissions must be filed no later than [email protected]; or (202) 693–7755 (TTY). Departmental Clearance Officer. the close of business on February 22, The State Planning Guidance may also [FR Doc. 05–2441 Filed 2–4–05; 8:45 am] 2005. No further submissions will be be found at the Web site—http:// BILLING CODE 4510–30–P permitted unless otherwise ordered by www.doleta.gov/usworkforce. the Commission. Comments and questions about the Persons filing written submissions ICR listed below should be forwarded to DEPARTMENT OF LABOR must file with the Office of the Secretary the Office of Information and Regulatory the original document and 14 true Affairs, Attn: OMB Desk Officer for the Employment and Training copies thereof on or before the deadlines Employment and Training Administration stated above. Any person desiring to Administration, Room 10235, [TA–W–55,518] submit a document (or portion thereof) Washington, DC 20503. to the Commission in confidence must The OMB is particularly interested in BASF Corporation, Freeport, TX; request confidential treatment unless comments which: Notice of Revised Determination on the information has already been • Evaluate whether the proposed Reconsideration granted such treatment during the collection of information is necessary proceedings. All such requests should for the proper performance of the On January 12, 2005, the Department be directed to the Secretary of the functions of the agency, including of Labor issued a Notice of Affirmative Commission and must include a full whether the information will have Determination Regarding Application statement of the reasons why the practical utility; for Reconsideration applicable to the Commission should grant such • Evaluate the accuracy of the subject firm. The Notice will soon be treatment. See section 201.6 of the agency’s estimate of the burden of the published in the Federal Register. Commission’s Rules of Practice and proposed collection of information, The initial investigation found that Procedure, 19 CFR § 201.6. Documents including the validity of the workers are separately identifiable by for which confidential treatment by the methodology and assumptions used; product line (polycaprolactum, oxo, Commission is sought will be treated • Enhance the quality, utility, and diols, and acrylic monomers), that accordingly. All nonconfidential written clarity of the information to be polycaprolactum, oxo and diol submissions will be available for public collected; and production increased during the inspection at the Office of the Secretary. • Minimize the burden of the relevant period, and that the subject The authority for the Commission’s collection of information on those who company neither increased imports of determination is contained in section are to respond, including through the acrylic monomers during the relevant 337 of the Tariff Act of 1930, as use of appropriate automated, period nor shifted acrylic monomer amended (19 U.S.C. 1337), and in electronic, mechanical, or other production abroad. sections 210.42–210.45 and 210.51 of technological collection techniques or The petitioner asserted in the request the Commission’s Rules of Practice and other forms of information technology for reconsideration that the worker
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separations at the subject firm were the Adjustment Assistance for workers at shifted from Goleta, California to result of a shift of production of acrylic Bosch-Rexroth Corporation, Mobile Woodbridge, Virginia in 2004. monomers to China. Hydraulics Division, Wooster, Ohio. Conclusion During the reconsideration The application contained no new investigation, it was found that workers substantial information which would After reconsideration, I affirm the are not separately identifiable by bear importantly on the Department’s original notice of negative product line and that acrylic monomer determination. Therefore, dismissal of determination of eligibility to apply for production declined during the relevant the application was issued. worker adjustment assistance for period. TA–W–55,594; Bosch-Rexroth workers and former workers of CDI New information provided by the Corporation, Mobile Hydraulics Professional Services working at subject company revealed that company Division, Wooster, Ohio (January 25, General Dynamics Land Systems, imports of acrylic monomer increased 2005). California Technical Center, Goleta, after the company shifted acrylic California. monomer production to China in 2004. Signed at Washington, DC this 31st day of January 2005. Signed at Washington, DC this 28th day of The investigation also revealed that January 2005. Timothy Sullivan, all criteria have been met in regard to Elliott S. Kushner, alternative trade adjustment assistance. Director, Division of Trade Adjustment Assistance. Certifying Officer, Division of Trade A significant number or proportion of Adjustment Assistance. [FR Doc. E5–454 Filed 2–4–05; 8:45 am] the worker group are age fifty years or [FR Doc. E5–456 Filed 2–4–05; 8:45 am] BILLING CODE 4510–30–P over and workers possess skills that are BILLING CODE 4510–30–P not easily transferable. Competitive conditions within the industry are DEPARTMENT OF LABOR adverse. DEPARTMENT OF LABOR Employment and Training Conclusion Employment and Training Administration After careful review of the additional Administration [TA–W–55,799] facts obtained on reconsideration, I [TA-W–55,767] conclude that a shift of production to China followed by increased imports of CDI Professional Services Workers at Lenox, Inc., Oxford, NC; Notice of acrylic monomers contributed General Dynamics Land Systems, Revised Determination on importantly to worker separations at the California Technical Center, Goleta, Reconsideration subject firm. CA; Notice of Negative Determination In accordance with the provisions of on Reconsideration By letter dated December 9, 2004, a company official requested the Act, I make the following On December 30, 2004, the certification: administrative reconsideration Department issued an Affirmative regarding the Department’s Negative All workers of BASF Corporation, Freeport, Determination Regarding Application Determination Regarding Eligibility to Texas, who became totally or partially for Reconsideration for the workers and Apply for Worker Adjustment separated from employment on or after former workers of the subject firm. The August 30, 2003, through two years from the Assistance applicable to the workers of Department’s Notice was published in the subject firm. date of this certification, are eligible to apply the Federal Register on January 21, for adjustment assistance under Section 223 The initial investigation resulted in a of the Trade Act of 1974, and are also eligible 2005 (70 FR 3226). negative determination issued on to apply for alternative trade adjustment The petition for the workers of CDI November 9, 2004, based on the finding assistance under Section 246 of the Trade Act Professional Services, workers at that petitioning workers did not of 1974. General Dynamics Land Systems, produce an article within the relevant Signed in Washington, DC this 21st day of California Technical Center, Goleta, time period. The denial notice was January 2005. California was terminated because the published in the Federal Register on Elliott S. Kushner, petitioning workers were covered by an December 9, 2004 (69 FR 71428). earlier denial (TA–W–55,658) and no Certifying Officer, Division of Trade To support the request for Adjustment Assistance. new information or change in reconsideration, the company official circumstances was evident to warrant a [FR Doc. E5–459 Filed 2–4–05; 8:45 am] supplied additional information. Upon reversal of the previous determination. BILLING CODE 4510–30–P further review, it was revealed that the The petitioner contends that the petitioning workers were members of Department erred in its determination the workforce that was certified eligible DEPARTMENT OF LABOR and alleges that the workers support for TAA benefits, whose certification Saudi Arabia National Guard (SANG) expired on October 11, 2004. The Employment and Training turret production which shifted from investigation revealed that petitioning Administration Goleta, California to London, Canada. workers remained employed at the A company official was contacted for [TA–W–55,594] subject facility after the stoppage of the clarification in regard to the nature of production and beyond the date of the Bosch-Rexroth Corporation, Mobile the work performed by the subject TAA certification for the purpose of Hydraulics Division, Wooster, OH; worker group. The official stated that completion of the transfer of the Dismissal of Application for the subject workers were engaged in the inventory and removal of the remaining Reconsideration engineering, designing and repair of equipment from the subject facility. SANG turrets. SANG turrets are Pursuant to 29 CFR 90.18(C) an produced in Australia and then sent to Conclusion application for administrative Canada to be attached to the appropriate After careful review of the additional reconsideration was filed with the vehicle. The official further clarified facts obtained on reconsideration, I Director of the Division of Trade that work related to the SANG turrets conclude that increased imports of
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articles like or directly competitive with Conclusion assistance, the Department is those produced at Lenox, Inc., Oxford, After careful review of the additional terminating the certification for TA–W– North Carolina, contributed importantly facts obtained on reconsideration, I 56,104. to the declines in sales or production conclude that the requirements of The petitioners are encouraged to file and to the total or partial separation of Section 246 of the Trade Act of 1974, as a new petition when the existing workers at the subject firm. In amended, have been met for workers at certification is nearing expiration. accordance with the provisions of the the subject firm. Act, I make the following certification: In accordance with the provisions of Since the basis for the certification is no longer valid, continuation of this All workers of Lenox, Inc., Oxford, North the Act, I make the following Carolina who became totally or partially certification: certification would serve no purpose separated from employment on or after and the certification for workers of All workers of Louisiana Pacific Pentair Pump, South Plant October 11, 2004 through two years from the Corporation, OSB-Woodland, Baileyville, date of this certification, are eligible to apply Maine, who became totally or partially (Hydromatic), Subsidiary of Pentair, for adjustment assistance under Section 223 separated from employment on or after Inc., Ashland, Ohio, has been of the Trade Act of 1974. November 18, 2003 through January 10, 2006, terminated. are eligible to apply for adjustment assistance Signed in Washington, DC this 18th day of Signed at Washington, DC, this 21st day of January 2005. under Section 223 of the Trade Act of 1974, January 2005. Elliott S. Kushner, and are also eligible to apply for alternative trade adjustment assistance under Section Linda G. Poole, Certifying Officer, Division of Trade 246 of the Trade Act of 1974. Adjustment Assistance. Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E5–460 Filed 2–4–05; 8:45 am] Signed in Washington, DC this 25th day of January 2005. [FR Doc. E5–458 Filed 2–4–05; 8:45 am] BILLING CODE 4510–30–P Elliott S. Kushner, BILLING CODE 4510–30–P Certifying Officer, Division of Trade DEPARTMENT OF LABOR Adjustment Assistance. [FR Doc. E5–457 Filed 2–4–05; 8:45 am] DEPARTMENT OF LABOR Employment and Training BILLING CODE 4510–30–P Administration Employment and Training Administration [TA–W–56,059] DEPARTMENT OF LABOR [TA–W–55,742] Louisiana Pacific Corporation, OSB- Employment and Training Woodland, Baileyville, ME; Notice of Administration Rock-Tenn Company; OTSEGO, Revised Determination on [TA–W–56,104] Michigan; Notice of Affirmative Reconsideration of Alternative Trade Determination Regarding Application Adjustment Assistance Pentair Pump, South Plant for Reconsideration (Hydromatic), Subsidiary of Pentair, By letter dated January 24, 2005, the Inc., Ashland, OH; Notice of By letter of December 14, 2004, a state official requested administrative Termination of Certification petitioner requested administrative reconsideration regarding Alternative This notice terminates the reconsideration of the Department of Trade Adjustment Assistance (ATAA). Certification Regarding Eligibility To Labor’s Notice of Negative The negative determination was signed Apply for Worker Adjustment Determination Regarding Eligibility To on January 10, 2005 and will be soon Assistance and Alternative Trade Apply for Worker Adjustment published in the Federal Register. Adjustment Assistance issued by the Assistance, applicable to workers of the The workers of Louisiana Pacific Department on January 7, 2005, subject firm. The Department’s Corporation, OSB-Woodland, applicable to all workers of Pentair determination notice was signed on Baileyville, Maine were certified eligible Pump, South Plant (Hydromatic), November 8, 2004 and published in the to apply for Trade Adjustment Subsidiary of Pentair, Inc., Ashland, Federal Register on December 9, 2004 Assistance (TAA) on January 10, 2005. Ohio. The notice will soon be published (69 FR 71428). The initial ATAA investigation in the Federal Register. The Department reviewed the request The Department, at the request of the determined that the skills of the subject for reconsideration and has determined State agency, reviewed the certification worker group are easily transferable to that the petitioner has provided for workers of the subject firm engaged other positions in the local area. additional information regarding subject in the production of sump and sewage The state official provided water pumps. firm’s customers. Therefore, the documentation with the request for The State agency informed the Department will conduct further reconsideration which contains Department that the worker group is investigation to determine if the workers evidence that the skills of the workers covered by an existing certification, TA– meet the eligibility requirements of the at the subject firm are not easily W–51,215, that was issued on April 28, Trade Act of 1974. transferable in the local commuting 2003. A review of the files shows that Conclusion area. the petition certification for TA–W– Additional investigation has 51,215 was issued under the company After careful review of the determined that the workers possess name Hydromatic Pump in Ashland, application, I conclude that the claim is skills that are not easily transferable. A Ohio, and remains in effect through of sufficient weight to justify significant number or proportion of the April 28, 2005. reconsideration of the Department of worker group are age fifty or over. Since the workers are currently Labor’s prior decision. The application Competitive conditions within the covered by a certification and are is, therefore, granted. industry are adverse. eligible to apply for trade adjustment
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Signed at Washington, DC, this 25th day of relevant period. The company official DEPARTMENT OF LABOR January, 2005. stated that the subject facility serves as Elliott S. Kushner, a distribution and warehousing facility Employment and Training Certifying Officer, Division of Trade and is in direct support of production Administration Adjustment Assistance. for Plants No. 2 and No. 4 in Henderson, [FR Doc. E5–462 Filed 2–4–05; 8:45 am] North Carolina. Notice of Determinations Regarding Eligibility To Apply for Worker BILLING CODE 4510–30–P In accordance with Section 246 the Adjustment Assistance Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor In accordance with Section 223 of the DEPARTMENT OF LABOR herein presents the results of its Trade Act of 1974, as amended, (19 Employment and Training investigation regarding certification of U.S.C. 2273), the Department of Labor Administration eligibility to apply for alternative trade herein presents summaries of adjustment assistance (ATAA) for older determinations regarding eligibility to [TA–W–55,691] workers of Royal Home Fashions, Plant apply for trade adjustment assistance for No. 6, Henderson, North Carolina. workers (TA–W) number and alternative Royal Home Fashions Plant No. 6, The group eligibility criteria for the trade adjustment assistance (ATAA) by Henderson, NC; Notice of Revised (TA–W) number issued during the Determination on Reconsideration ATAA program that the Department must consider under Section 246 of the periods of January 2005. By application of November 22, 2004, Trade Act are: In order for an affirmative determination to be made and a a petitioner requested administrative 1. Whether a significant number of reconsideration of the Department’s certification of eligibility to apply for workers in the workers’ firm are 50 directly-impacted (primary) worker negative determination regarding years of age or older. eligibility for workers and former adjustment assistance to be issued, each workers of the subject firm to apply for 2. Whether the workers in the of the group eligibility requirements of Trade Adjustment Assistance (TAA) and workers’ firm possess skills that are not Section 222(a) of the Act must be met. Alternative Trade Adjustment easily transferable. I. Section (a)(2)(A) all of the following Assistance (ATAA). The denial notice 3. The competitive conditions within must be satisfied: was signed on October 25, 2004 and the workers’ industry (i.e., conditions A. A significant number or proportion published in the Federal Register on within the industry are adverse). of the workers in such workers’ firm, or November 12, 2004 (69 FR 65462). an appropriate subdivision of the firm, The Department has determined that have become totally or partially Pursuant to 29 CFR 90.18(c) criterion 2 has not been met. The reconsideration may be granted under separated, or are threatened to become investigation revealed that the work totally or partially separated; the following circumstances: performed by the petitioning group are (1) If it appears on the basis of facts B. the sales or production, or both, of easily transferable to other positions in not previously considered that the such firm or subdivision have decreased the commuting area. determination complained of was absolutely; and erroneous; Conclusion C. increased imports of articles like or (2) If it appears that the determination directly competitive with articles complained of was based on a mistake After careful review of the facts produced by such firm or subdivision in the determination of facts not obtained in the investigation, I have contributed importantly to such previously considered; or determine that increases of imports of workers’ separation or threat of (3) If in the opinion of the Certifying articles like or directly competitive with separation and to the decline in sales or Officer, a mis-interpretation of facts or articles produced by Royal Home production of such firm or subdivision; of the law justified reconsideration of Fashions, Henderson, North Carolina or the decision. contributed importantly to the total or II. Section (a)(2)(B) both of the The TAA petition, filed on behalf of partial separation of workers and to the following must be satisfied: workers at Royal Home Fashions, Plant decline in sales or production at that A. A significant number or proportion No. 6, Henderson, North Carolina firm or subdivision. In accordance with of the workers in such workers’ firm, or engaged in production of bedding the provisions of the Act, I make the an appropriate subdivision of the firm, (sheets, pillow cases, comforters, shams, following certification: have become totally or partially etc.) was denied because it was All workers of the Royal Home Fashions, separated, or are threatened to become determined that the declines in Plant 6, Henderson, North Carolina who totally or partially separated; employment at the subject firm were became totally or partially separated from B. there has been a shift in production predominantly caused by unrelated to employment on or after September 24, 2003 by such workers’ firm or subdivision to imports circumstances. through two years from the date of this a foreign county of articles like or The petitioner alleges that the certification, are eligible to apply for directly competitive with articles which petitioning group of workers was in adjustment assistance under Section 223 of are produced by such firm or direct support of the Royal Home the Trade Act of 1974, and are denied subdivision; and Fashions manufacturing facilities eligibility to apply for alternative trade C. One of the following must be adjustment assistance under Section 246 of satisfied: known as Plant No. 4 and Plant No. 2 the Trade Act of 1974. in Henderson, North Carolina. The 1. The country to which the workers’ workers of these facilities were certified Signed at Washington, DC, this 19th day of firm has shifted production of the eligible for TAA on July 15, 2004 and January, 2005. articles is a party to a free trade August 24, 2004 respectively. Elliott S. Kushner, agreement with the United States; A company official was contacted to Certifying Officer, Division of Trade 2. the country to which the workers’ verify whether workers at the subject Adjustment Assistance. firm has shifted production of the facility were performing services for [FR Doc. E5–461 Filed 2–4–05; 8:45 am] articles to a beneficiary country under Plant No. 4 and Plant No. 2 during the BILLING CODE 4510–30–P the Andean Trade Preference Act,
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African Growth and Opportunity Act, or TA–W–56,284; Hickory Manor House, TA–W–56,025; Rockwell Collins, In- the Caribbean Basin Economic Recovery Sparta, North Carolina Operation, Flight Entertainment Div., Pomona, Act; or Sparta, NC CA 3. there has been or is likely to be an TA–W–56,074; Klipstand Manufacturing TA–W–56,142; Valenite LLC, Materials increase in imports of articles that are Co., Inc., Westfield, MA R&D, Troy, MI like or directly competitive with articles TA–W–55,880; Pitney Bowes, Inc., TA–W–56,152 & A; Flowline Div., of which are or were produced by such Stanford, CT Markovitz Enterprises, Inc., New firm or subdivision. The workers firm does not produce an Castle, PA and Whiteville, NC Also, in order for an affirmative article as required for certification under The investigation revealed that determination to be made and a Section 222 of the Trade Act of 1974. criteria (a)(2)(A)(I.C) increased imports certification of eligibility to apply for TA–W–56,238; Westpoint Stevens Bed, and (II.C) (has shifted production to a worker adjustment assistance as an Bath and Linen Outlet Store, a Div. foreign country) have not been met. adversely affected secondary group to be of Westpoint Stevens Stores, Inc., TA–W–56,154; J.R. Greene, Inc., issued, each of the group eligibility Myrtle Beach, SC Boonton, NJ requirements of Section 222(b) of the TA–W–56,218; Veritest, a subsidiary of TA–W–56,255; Liz Claiborne, Inc., North Act must be met. Bergen, NJ (1) Significant number or proportion Lionbridge, Boise, ID TA–W–56,174; Maryland Specialty Wire, of the workers in the workers’ firm or TA–W–56,193; Midwestern Inc., Cockeysville, MD an appropriate subdivision of the firm Telecommunications, Inc., have become totally or partially Homewood, IL The investigation revealed that separated, or are threatened to become TA–W–56,089; Netgear, Inc., Santa criteria (a)(2)(A)(I.B) (Sales or totally or partially separated; Clara, CA production, or both, did not decline) (2) the workers’ firm (or subdivision) TA–W–56,231; New DHC, Inc., including and (II.C) (has shifted production to a is a supplier or downstream producer to on-site leased workers of Combined foreign country) have not been met. a firm (or subdivision) that employed a Management, Inc., Bangor, ME TA–W–56,108; Atlas Copco group of workers who received a TA–W–56,183 & A; Sprint Corp., Sprint Compressors, Inc., Holyoke, MA certification of eligibility to apply for Business Solutions Div., Emerging The investigation revealed that trade adjustment assistance benefits and and Mid-Markets, Tarboro, NC, criteria (2) has not been met. The such supply or production is related to Local Consumer Solutions, Rocky workers firm (or subdivision) is not a the article that was the basis for such Mount, SC supplier or downstream producer to certification; and TA–W–56,294; Marsh Advantage trade-affected companies. (3) Either— America, Spartanburg, SC TA–W–56,209; Rocket Sales, Inc., TA–W–56,001; Holophane Corp., Acuity (A) The workers’ firm is a supplier Lighting Group, Newark, OH and the component parts it supplied for Ridgewood, NY TA–W–56,167; Cigna Healthcare, TA–W–56,111; New Dana Perfumes the firm (or subdivision) described in Corp., Mountaintop, PA paragraph (2) accounted for at least 20 Service Operations, Chattanooga, percent of the production or sales of the TN Affirmative Determinations for Worker workers’ firm; or TA–W–56,287; Donnkenny Apparel, Adjustment Assistance Inc., a subsidiary of Donnkenny, (B) a loss or business by the workers’ The following certifications have been Inc., Wytheville, VA firm with the firm (or subdivision) issued; the date following the company TA–W–56,181; Aladdin Industries, LLC, described in paragraph (2) contributed name and location of each Corporate Headquarters, Nashville, importantly to the workers’ separation determination references the impact TN or threat of separation. date for all workers of such TA–W–56,131; Independence Regional determination. Negative Determinations for Worker Health Center, Transcription Adjustment Assistance The following certifications have been Medical Records Div., a div. of issued. The requirements of (a)(2)(A) In the following cases, the HCA, Inc., Independence, MO (increased imports) of Section 222 have investigation revealed that the criteria TA–W–56,036; Sprint/United been met. for eligibility have not been met for the Management Co., SCS Content reasons specified. Center, Bolingbrook, IL TA–W–56,090; American Falcon The investigation revealed that TA–W–56,261; TAC Apparel, U.S. Corporation, Auburn, ME: criteria (a)(2)(A)(I.C.) (increased Operations Office, Weston, FL November 23, 2003. imports) and (a)(2)(B)(II.B) (No shift in TA–W–56,228; Hale Products, Inc., The investigation revealed that Conshohocken Div., Conshohocken, production to a foreign country) have criterion (a)(2)(A)(I.A) and (a)(2)(B)(II.A) not been met. PA: December 16, 2003. (no employment decline) has not been TA–W–56,163; Gateway Hosiery Mills, TA–W–56,156 & A; Spang and Co., met. Corporate Headquarters, Pittsburgh, Inc., Chattanooga, TN: December 1, PA and Magnetics, a div. of Spang TA–W–56,112; Radisys, including 2003. and Company, Pittsburgh, PA leased workers of Employment TA–W–56,023; GDX North America, TA–W–56,120; Seneca Foods Trends, Hillsboro, OR Inc., Wabash, IN: November 12, Corporation, Vegetables Div., Walla TA–W–56,184; Johnstown Corporation, 2003. Walla, WA Johnstown, PA TA–W–56,097; Foley Wood Products, TA–W–56,253; R.G. Barry Corporation, The investigation revealed that Inc., including on-site leased San Angelo, TX criterion (a)(2)(A)(I.B) (Sales or workers of Snelling Personnel TA–W–56,240; Dorby Frocks, New York, production, or both, did not decline) Service and Express Personnel NY and (a)(2)(B)(II.B) (has shifted Service, Ellsworth, WI: November TA–W–56,242; Lexington Precision production to a country not under the 23, 2003. Corp., Lexington Connector Seals, free trade agreement with U.S.) have not TA–W–56,068; Metallic Ventures (US), LaGrange, GA been met. Inc., a subsidiary of Metallic
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Ventures Gold, Inc., Hawthorne, TA–W–56,206; Essilor of America, St. Connection, Maple Plain, MN: NV: November 15, 2003. Petersburg, FL: December 6, 2003. December 2, 2003. TA–W–56,071; Lambert Manufacturing TA–W–56,057; Quaker Fabric TA–W–56,158; Square D/Schneider Co., Inc., Glove Div., Plant 3, Corporation, Plant C, Design Group, Electric, Columbia, MO: January 4, Chillicothe, MO: November 17, Fall River, MA: November 18, 2003. 2005. 2003. TA–W–56,134; Tyco Electronics, Power TA–W–56,162; Visteon Systems, LLC, TA–W–56,221; Tien-Hu Knitting Co. Components (COEV) Div., 6MM Condenser Operations, (US), Inc., Oakland, CA: December Watertown, SD: December 2, 2003. Connersville, IN: December 10, 7, 2003. TA–W–56,175; New Time Garment 2003. TA–W–56,232; CRH Catering Co., Inc., Manufacturing, San Francisco, CA: TA–W–56,168; AG Communication Workers at Anchor Glass Container December 6, 2003. Systems, a div. of Lucent Co, Connellsville, PA: December 16, TA–W–56,192; Douglas Battery Technologies, Genoa, IL: December 2003. Manufacturing Co., including on- 3, 2003. TA–W–56,211; Silkworm, Inc., Andrews, site leased workers of Temporary TA–W–56,101; Concord Fabrics, Inc., SC: December 13, 2003. Resources, Adecco and CPI, including on-site leased workers of TA–W–56,073; Peake Plastics, Forest Winston-Salem, NC: December 8, Randstad Staffing, Milledgeville, Hills, MD: November 23, 2003. 2003. GA: June 18, 2004. TA–W–56,091; Eagle Ottawa, LLC, TA–W–56,053; Gilman Engineering and TA–W–56,072; Fiberconn Assemblies, Grand Haven Div., Grand Haven, Manufacturing Co. LLC, including Inc, Lodan Totowa Div., a MI: November 8, 2003. on-site leased workers of Van subsidiary of Emerson, Telephone TA–W–56,109; Bonifay Manufacturing, Marter and Associates, inc., Services, Inc., Totowa, NJ: Inc., Bonifay, FL: November 30, Advanced Project Services LLC, November 19, 2003. 2003. Techstaff of Milwaukee, Inc., Argus TA–W–56,104; Pentair Pump, South TA–W–56,060; HCP Packaging USA, and Associates, Inc., and Hantech Plant (Hydromatic), subsidiary of Bridgeport, CT: November 19, 2003. LLC, Janesville, WI: November 6, Pentair, Inc., Ashland, OH: TA–W–56,150; Dicon Fiberoptics, Inc., 2004. November 15, 2003. Richmond, CA: November 22, 2003. TA–W–56,301; Diamond Products, St. TA–W–56,269; STS Weaving, LLC, St. TA–W–56,172; Cooper-Atkins Corp., Paul, MN: January 7, 2004. Albans, VT: December 29, 2003. Gainesville, FL: December 6, 2003. TA–W–56,082; Cooper Tire and Rubber TA–W–56,244; Children’s Group, Inc., TA–W–56,113; Murray, Inc., Co., Inner Tube Associates, Magic Cabin Div., Viroqua, WI: Lawrenceburg, TN: November 15, Clarksdale, MS: November 23, 2003. December 16, 2003. 2003. TA–W–56,062; Express Personnel, TA–W–56,245; Randstad North TA–W–56,132; Floyd Manufacturing Workers at Cooper Standard Co., Inc., East Berlin, CT: November America, Workers at Schnadig Automotive, North American Corp., 101–Cornelia Div., Cornelia, 15, 2003. Sealing Systems, Griffin, GA: TA–W–56,054; Brown Manufacturing, GA: December 20, 2003. November 22, 2003. Inc., Marion, North Carolina: TA–W–56,212 & A; Keystone Restyling November 15, 2003. The following certifications have been Products, Production Facility, TA–W–56,077; EDA Staffing, Workers at issued. The requirements of (a) (2) (B) Toledo, OH and Shipping/Receiving Semiconductor Components (shift in production) of Section 222 have Warehouse, Toledo, OH: December Industries, LLC, a/k/a On been met. 7, 2003. Semiconductor, East Greenwich TA–W–56,081; Starkey Laboratories, TA–W–56,153; Bredero Shaw LLC, a Div., East Greenwich, RI: November Glencoe, MN: September 12, 2004. subsidiary of Shawcor, Inc., 18, 2003. TA–W–56,220; ITW Shakeproof, including leased workers of ACO TA–W–56,078; Additional Contract Guttenberg, IA: December 14, 2003. Employment, Clark Personnel and Services, Workers at Semiconductor TA–W–56,128; UFE, Inc., River Falls Longs, Theodore, AL: December 2, Components Industries, LLC, a/k/a Molding Div., River Falls, WI: 2003. On Semiconductor, East Greenwich November 3, 2003. TA–W–56,166; The Lilli Group, Inc., Div., East Greenwich, RI: November TA–W–56,203; Metalforming South Hackensack, NJ: December 6, 18, 2003. Technologies, Inc., Safety Systems 2003. TA–W–56,079; Olsten Professional Div., including on-site leased TA–W–56,197; Designer’s Group Staffing, Workers at Semiconductor workers of Adecco, Burton, MI: International, Designer’s Group, Components Industries, LLC, East December 9, 2003. Inc., a div of Chippenhook, Greenwich Div., East Greenwich, RI: TA–W–56,188; Symbol Technologies, including on-site leased workers of November 18, 2003. Inc., Operations Division, including Randstad Staffing and Staffing TA–W–56,315; Hitachi Magnetics Corp., on-site leased workers of Next Consultants, North Stonington, CT: Edmore, MI: January 4, 2005. Source, Bohemia, NY: November December 9, 2003. TA–W–56,243; Hoffman Mills, Inc., 10, 2003. TA–W–56,176; Spirit Manufacturing Shippensburg, PA: December 16, TA–W–56,178; Electrolux Home Co., Inc., Jonesboro, AR: December 2003. Products, St. Cloud, MN: December 7, 2003. TA–W–56,263; Mount Vernon Mills, 7, 2003. TA–W–56,198; Specialty Electronics, Inc., Johnston, SC: January 4, 2005. TA–W–56,137; Gates Corp., Hose and Inc., Landrum, SC: December 10, TA–W–56,213; BMC Holding, Inc., Div. Connectors Div., Galesburg Facility, 2003. of Terra Industries, Beaumont, TX: a subsidiary of Tomkins, PLC, TA–W–56,233; Celestica, San Jose, CA: November 30, 2003. Galesburg, IL: December 2, 2003. December 6, 2003. TA–W–56,196; Stern Rubber Co., TA–W–56,138 & A; Money’s Foods U.S., TA–W–56,136; Gretagmacbeth, LLC, Staples, MN: December 10, 2003. Inc., Fennville, MI and Howe, IN: Production/Assembly, New TA–W–56,199; Tinnin Garment Co., November 24, 2003. Windsor, NY: June 8, 2004. Inc., Fredericktown, MO: December TA–W–56,147; Innovex, Inc., including TA–W–56,283; Service Manufacturing, 13, 2003. on-site leased workers of The Work Weslaco, TX: December 13, 2003.
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TA–W–56,297; Dicey Mills, Inc., Shelby, Automotive, North American TA–W–56,240; Dorby Frocks, New York, NC: January 3, 2004. Sealing Systems, Griffin, GA NY TA–W–56,148; Ozark Electronics, TA–W–54,164; Maida Development Co., TA–W–56,242; Lexington Precision Cullman Alabama, Inc., a including leased workers of Corporation, Lexington Connector subsidiary of Ozark Electronics Integrity Staffing Services, Seals, LaGrange, GA Repair, Inc., including on-site Hampton, VA TA–W–56,284; Hickory Manor House, leased workers of Cullman TA–W–53,119; Orrco, Inc., Killbuck, OH Sparta, North Carolina Operation, Employment Center, Cullman, AL: TA–W–52,909; Dolly, Inc., including Sparta, NC December 2003. leased workers of CBS Personnel TA–W–56,074; Klipstand Manufacturing TA–W–56,059; Louisiana Pacific Corp., and Express Personnel, Tipp City, Co., Inc., Westfield, MA OSB–Woodland, Baileyville, ME: OH TA–W–55,889; Pitney Bowes, Inc., November 18, 2003. TA–W–54,033; Aluminum Color Stanford, CT TA–W–56,139; Interdynamics, Inc., Industries, Inc., Lowellville, OH TA–W–56,112; Radisys, including Brooklyn, NY: December 3, 2003. TA–W–53,699; Tomlinson Industries, leased workers of Employment TA–W–56,217; Kyocera Wireless Corp., a Cleveland, OH Trends, Hillsboro, OR subsidiary of Kyocera International, The Department as determined that TA–W–56,184; Johnstown Corporation, including leased workers of criterion (1) of Section 246 has not been Johnstown, PA Manpower Staffing Services, San met. Workers at the firm are 50 years of TA–W–56,025; Rockwell Collins In-flight Diego, CA: December 12, 2003. age or older. Entertainment Div., Pomona, CA The following certifications have been TA–W–56,148; Ozark Electronics TA–W–56,142; Valenite LLC, Materials issued. Cullman Alabama, Inc., a R&D, Troy, MI The requirement of upstream supplier subsidiary of Ozark Electronics TA–W–56,152 & A; Flowline Div. of to a trade certified primary firm has Repair, Inc., including on-site Markovitz Enterprises, Inc., New been met. leased workers of Cullman Castle, PA and Whiteville, NC TA–W–55,877; Electronic Data Systems, Employment Center, Cullman, AL TA–W–56,154; J.R. Greene, Inc., Boonton, NJ on-site leased workers at Maxtor Since the workers are denied TA–W–56,255; Liz Claiborne, Inc., North Corporation, Longmont, CA: eligibility to apply for TAA, the workers Bergen, NJ October 21, 2003. cannot be certified eligible for ATAA. TA–W–55,978; Shakespeare Co., LLC, TA–W–56,174; Maryland Specialty Wire, TA–W–56,231; New DHC, Inc., including Monofilament Div., Columbia, SC: Inc., Cockeysville, MD on-site leased workers of Combined November 5, 2003. TA–W–56,001; Holophane Corporation, Management, Inc., Bangor, ME Acuity Lighting Group, Newark, OH Negative Determinations for Alternative TA–W–56,183 & A; Sprint Corp., Sprint TA–W–56,111; New Dana Perfumes Trade Adjustment Assistance Business Solutions Div., Emerging Corp., Mountaintop, PA and Mid-Markets, Tarboro, NC and In order for the Division of Trade TA–W–56,108; Atlas Copco Local Consumer Solutions, Rock Compressors, Inc., Holyoke, MA Adjustment Assistance to issued a Mount, NC certification of eligibility to apply for TA–W–56,294; Marsh Advantage Affirmative Determinations for Alternative Trade Adjustment America, Spartanburg, SC Alternative Trade Adjustment Assistance (ATAA) for older workers, TA–W–56,209; Rocket Sales, Inc., Assistance the group eligibility requirements of Ridgewood, NY In order for the Division of Trade Section 246(a)(3)(A)(ii) of the Trade Act TA–W–56,167; Cigna Healthcare, Adjustment Assistance to issued a must be met. Service Operations, Chattanooga, certification of eligibility to apply for In the following cases, it has been TN determined that the requirements of TA–W–56,287; Donnkenny Apparel, Alternative Trade Adjustment Section 246(a)(3)(ii) have not been met Inc., a subsidiary of Donnkenny, Assistance (ATAA) for older workers, for the reasons specified. Inc., Wytheville, VA the group eligibility requirements of The Department as determined that TA–W–56,181; Aladdin Industries, LLC, Section 246(a)(3)(A)(ii) of the Trade Act criterion (2) of Section 246 has not been Corporate Headquarters, Nashville, must be met. met. Workers at the firm possess skills TN The following certifications have been that are easily transferable. TA–W–56,131; Independence Regional issued; the date following the company TA–W–56,082; Cooper Tire and Rubber Health Center, Transcription name and location of each Co., Inner Tube Associates, Medical Records Division, a determination references the impact Clarksdale, MS Division of HCA, Inc., date for all workers of such TA–W–56,301; Diamond Products, St. Independence, MO determinations. Paul, MN TA–W–56,036; Sprint/United In the following cases, it has been TA–W–56,217; Kyocera Wireless Corp., a Management Co., SCS Content, determined that the requirements of subsidiary of Kyocera International, Boilingbrook, IL Section 246(a)(3)(ii) have been met. including leased workers of TA–W–56,261; TAC Apparel, U.S. I. Whether a significant number of Manpower Staffing Services, San Operations Office, Weston, FL workers in the workers’ firm are 50 Diego, CA TA–W–56,156 & A; Spang and years of age or older. TA–W–56,139; Interdynamics, Inc., Company, Corporate Headquarters, II. Whether the workers in the Brooklyn, NY Pittsburgh, PA and Magnetics, a workers’ firm possess skills that are not TA–W–56,059; Louisiana Pacific Division of Spang and Company, easily transferable. Corporation, OSB—Woodland, Pittsburgh, PA III. The competitive conditions within Baileyville, ME TA–W–56,120; Seneca Foods the workers’ industry (i.e., conditions TA–W–55,978; Shakespeare Co., LLC, Corporation, Vegetables Division, within the industry are adverse). Monofilament Div., Columbia, SC Walla Walla, WA TA–W–56,090; American Falcon TA–W–56,062; Express Personnel, TA–W–56,253; R.G. Barry Corp., San Corporation, Auburn, ME: Workers at Cooper Standard Angelo, TX November 23, 2003.
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TA–W–56,228; Hale Products, Inc., Components Industries, LLC, East TA–W–56,101; Concord Fabrics, Inc., Conshohocken Div., Conshohocken, Greenwich Div., East Greenwich, RI: including on-site leased workers of PA: December 16, 2003. November 18, 2003. Randstad Staffing, Milledgeville, TA–W–56,163; Gateway Hosiery Mills, TA–W–56,315; Hitachi Magnetics Corp., GA: June 18, 2004. Inc., Chattanooga, TN: December 1, Edmore, MI: January 4, 2005. TA–W–56,072; Fiberconn Assemblies, 2003. TA–W–56,243; Hoffman Mills, Inc., Inc., Lodan Totowa Div., a TA–W–56,023; GDX North America, Shippensburg, PA: December 16, subsidiary of Emerson, Telephone Inc., Wabash, IN: November 12, 2003. Services, Inc., Totowa, NJ: 2003. TA–W–56,263; Mount Vernon Mills, November 19, 2003. TA–W–56,097; Foley Wood Products, Inc., Johnston, SC: January 4, 2005. TA–W–56,104; Pentair Pump, South Inc., including on-site leased TA–W–56,213; BMC Holding, Inc., Div. Plant (Hydromatic), subsidiary of workers of Snelling Personnel of Terra Industries, Beaumont, TX: Pentair, Inc., Ashland, OH: Service and Express Personnel November 30, 2003. November 15, 2003. Service, Ellsworth, WI: November TA–W–56,196; Stern Rubber Co., TA–W–56,269; STS Weaving, LLC, St. 23, 2003. Staples, MN: December 10, 2003. Albans, VT: December 29, 2003. TA–W–56,068; Metallic Ventures (US), TA–W–56,199; Tinnin Garment Co., TA–W–56,244; Children’s Group, Inc., Inc., a subsidiary of Metallic Inc., Fredericktown, MO: December Magic Cabin Div., Viroqua, WI: Ventures Gold, Inc., Hawthorne, 13, 2003. December 16, 2003. NV: November 15, 2003. TA–W–56,206; Essilor of America, St. TA–W–56,245; Randstad North TA–W–56,071; Lambert Manufacturing Petersburg, FL: December 6, 2003. America, Workers at Schnadig Co., Inc., Glove Div., Plant 3, TA–W–56,057; Quaker Fabric Corp., 101–Cornelia Div., Cornelia, Chillicothe, MO: November 17, Corporation, Plant C, Design Group, GA: December 20, 2003. 2003. Fall River, MA: November 18, 2003. TA–W–56,212 & A; Keystone Restyling TA–W–56,221; Tien-Hu Knitting Co. TA–W–56,134; Tyco Electronics, Power Products, Production Facility, (US), Inc., Oakland, CA: December Components (COEV) Div., Toledo, OH and Shipping/Receiving 7, 2003. Watertown, SD: December 2, 2003. Warehouse, Toledo, OH: December TA–W–56,232; CRH Catering Co., Inc., TA–W–56,175; New Time Garment 7, 2003. Workers at Anchor Glass Container Manufacturing, San Francisco, CA: TA–W–56,153; Bredero Shaw LLC, a Co, Connellsville, PA: December 16, December 6, 2003. subsidiary of Shawcor, Inc., 2003. TA–W–56,192; Douglas Battery including leased workers of ACO TA–W–56,211; Silkworm, Inc., Andrews, Manufacturing Co., including on- Employment, Clark Personnel and SC: December 13, 2003. site leased workers of Temporary Longs, Theodore, AL: December 2, TA–W–56,073; Peake Plastics, Forest Resources, Adecco and CPI, 2003. Hills, MD: November 23, 2003. Winston-Salem, NC: December 8, TA–W–56,166; The Lilli Group, Inc., TA–W–56,091; Eagle Ottawa, LLC, 2003. South Hackensack, NJ: December 6, Grand Haven Div., Grand Haven, TA–W–56,053; Gilman Engineering and 2003. MI: November 8, 2003. Manufacturing Co. LLC, including TA–W–56,197; Designer’s Group TA–W–56,109; Bonifay Manufacturing, on-site leased workers of Van International, Designer’s Group, Inc., Bonifay, FL: November 30, Marter and Associates, inc., Inc., a div of Chippenhook, 2003. Advanced Project Services LLC, including on-site leased workers of TA–W–56,060; HCP Packaging USA, Techstaff of Milwaukee, Inc., Argus Randstad Staffing and Staffing Bridgeport, CT: November 19, 2003. and Associates, Inc., and Hantech Consultants, North Stonington, CT: TA–W–56,150; Dicon Fiberoptics, Inc., LLC, Janesville, WI: November 6, December 9, 2003. Richmond, CA: November 22, 2003. 2004. TA–W–56,176; Spirit Manufacturing TA–W–56,172; Cooper-Atkins Corp., TA–W–56,178; Electrolux Home Co., Inc., Jonesboro, AR: December Gainesville, FL: December 6, 2003. Products, St. Cloud, MN: December 7, 2003. TA–W–56,113; Murray, Inc., 7, 2003. TA–W–56,198; Specialty Electronics, Lawrenceburg, TN: November 15, TA–W–56,137; Gates Corp., Hose and Inc., Landrum, SC: December 10, 2003. Connectors Div., Galesburg Facility, 2003. TA–W–56,132; Floyd Manufacturing a subsidiary of Tomkins, PLC, TA–W–56,233; Celestica, San Jose, CA: Co., Inc., East Berlin, CT: November Galesburg, IL: December 2, 2003. December 6, 2003. 15, 2003. TA–W–56,138 & A; Money’s Foods U.S., TA–W–56,136; Gretagmacbeth, LLC, TA–W–56,054; Brown Manufacturing, Inc., Fennville, MI and Howe, IN: Production/Assembly, New Inc., Marion, North Carolina: November 24, 2003. Windsor, NY: June 8, 2004. November 15, 2003. TA–W–56,147; Innovex, Inc., including TA–W–56,283; Service Manufacturing, TA–W–56,077; EDA Staffing, Workers at on-site leased workers of The Work Weslaco, TX: December 13, 2003. Semiconductor Components Connection, Maple Plain, MN: TA–W–56,297; Dicey Mills, Inc., Shelby, Industries, LLC, a/k/a On December 2, 2003. NC: January 3, 2004. Semiconductor, East Greenwich TA–W–56,158; Square D/Schneider TA–W–55,877; Electronic Data Systems, Div., East Greenwich, RI: November Electric, Columbia, MO: January 4, on-site leased workers at Maxtor 18, 2003. 2005. Corp., Longmont, CA: October 21, TA–W–56,078; Additional Contract TA–W–56,162; Visteon Systems, LLC, 2003. Services, Workers at Semiconductor 6MM Condenser Operations, TA–W–55,314 & A; The Production Components Industries, LLC, a/k/a Connersville, IN: December 10, Department, Confluence, PA and On Semiconductor, East Greenwich 2003. Gateway Sportswear Corp., a Div., East Greenwich, RI: November TA–W–56,168; AG Communication subsidiary of The Production 18, 2003. Systems, a div. of Lucent Department, Confluence, PA: TA–W–56,079; Olsten Professional Technologies, Genoa, IL: December February 11, 2003 through March Staffing, Workers at Semiconductor 3, 2003. 26, 2006.
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TA–W–52,443; Formica Corp., Evendale I hereby certify that the SUMMARY: The National Aeronautics and Facility, Cincinnati, OH: July 31, aforementioned determinations were Space Administration, as part of its 2002 through August 8, 2005. issued during the month of January continuing effort to reduce paperwork TA–W–52,072; Colson Associates, Inc., a 2005. Copies of these determinations are and respondent burden, invites the div. of Colson Caster Corporation, available for inspection in Room C– general public and other Federal Jonesboro, AR: June 16, 2002 5311, U.S. Department of Labor, 200 agencies to take this opportunity to through August 15, 2005. Constitution Avenue, NW., Washington, comment on proposed and/or TA–W–52,453; National Metal DC 20210 during normal business hours continuing information collections, as Abrasives, Inc., Wadsworth, OH: or will be mailed to persons who write required by the Paperwork Reduction July 30, 2002 through September 3, to the above address. Act of 1995 (Pub. L. 104–13, 44 U.S.C. 2005. 3506(c)(2)(A)). TA–W–53,264; Burlington House Date: January 28, 2005. Timothy Sullivan, DATES: All comments should be Finishing, a div. of Burlington submitted within 30 calendar days from Director, Division of Trade Adjustment House, Burlington, NC: October 10, the date of this publication. 2002 through November 13, 2005. Assistance. ADDRESSES: All comments should be TA–W–54,335; Fiber Industries, Inc., a [FR Doc. E5–463 Filed 2–4–05; 8:45 am] addressed to Desk Officer for NASA; subsidiary of Wellman, Inc., BILLING CODE 4510–30–P including leased workers of Office of Information and Regulatory Pinnacle Staffing and BE&K, Affairs; Room 10236; New Executive Charlotte, NC: February 10, 2003 DEPARTMENT OF LABOR Office Building; Washington, DC 20503. through March 26, 2006. FOR FURTHER INFORMATION CONTACT: TA–W–54,249; VF Jeanswear Limited Employment and Training Requests for additional information or Partnership, a subsidiary of VF Administration copies of the information collection Corp., Irvington, AL: February 12, instrument(s) and instructions should [TA–W–55,820A] 2003 through March 11, 2006. be directed to Ms. Kathy Shaeffer, TA–W–52,951; T&W Forge, Inc., div. of Thermal and Interior Vandalia Acting NASA Reports Officer, NASA Durrell Corp., Alliance, OH: August Operations of Delphi Corporation, Headquarters, 300 E Street SW., Mail 29, 2002. Vandalia, OH; Dismissal of Application Code V, Washington, DC 20546, (202) TA–W–53,921; Pac-Tec, Inc., d/b/a Ray- for Reconsideration 358–1230, [email protected]. O-Lite Pavement Markers & Palm- SUPPLEMENTARY INFORMATION: N-Turn, including leased workers of Pursuant to 29 CFR 90.18(C) an I. Abstract Diversivied Services Group, Heath, application for administrative OH: December 19, 2002 through reconsideration was filed with the The National Aeronautics and Space January 27, 2006. Director of the Division of Trade Administration (NASA) is requesting TA–W–54,661; Gordon Garment, div. of Adjustment Assistance for workers at renewal of an existing collection that is AH Schreiber Co., Inc., Bristol, VA: Thermal and Interior, Vandalia used to ensure the proper disposition of March 23, 2003 through May 12, Operations of Delphi Corporation, rights to inventions made in the course 2006. Vandalia, Ohio. The application of NASA-funded research. With this TA–W–54,332; Springs Industries, Inc., contained no new substantial collection NASA tracks all inventions Bedding Div., Lyman Finishing information which would bear that are disclosed by grant recipients. Plant, Lyman, SC: February 12, importantly on the Department’s Information is required to ensure the 2003 through March 24, 2006. determination. Therefore, dismissal of proper disposition of rights to TA–W–53,183; Group Seven Systems, the application was issued. inventions made in the course of NASA- Inc., Lenoir, NC: October 3, 2002 funded research. The requirement is through November 19, 2005. TA–W–55,820A; Thermal and Interior, Vandalia Operations of Delphi codified in 14 CFR 1260.28. The TA–W–52,809; Janef, Inc. T/A Alperin legislative authorities are 43 U.S.C. 2451 Mayflower, Old Forge, PA: August Corporation, Vandalia, Ohio (January 31, 2005). et seq., and 35 U.S.C. 200 et seq. 14, 2002 through October 3, 2005. Grant provisions require that TA–W–52,340; RST&B Curtain and Signed at Washington, DC this 31st day of recipients include a list of all inventions Drapery, Florence, SC: July 17, 2002 January 2005. required to be disclosed in their annual through August 6, 2005. Timothy Sullivan, Performance Report. TA–W–53,227; Voith Paper, Voith Paper Director, Division of Trade Adjustment Service Southeast Div., Salisbury, Assistance. II. Method of Collection NC: October 13, 2002 through [FR Doc. E5–455 Filed 2–4–05; 8:45 am] NASA utilizes paper and electronic November 5, 2005. BILLING CODE 4510–30–P methods to collect information from TA–W–52,349; Terry Apparel, a/k/a collection respondents. Mariana Apparel, Mariana, AR: July 18, 2002 through August 8, 2005. III. Data TA–W–53,517; Howell Penncraft, NATIONAL AERONAUTICS AND Title: Patents—Grants and Howell, MI: October 28, 2002 SPACE ADMINISTRATION Cooperative Agreements. through December 8, 2005. OMB Number: 2700–0048. TA–W–53,096; H. Warshow and Sons, [Notice: 05—018] Type of review: Revision of a Inc., Milton, PA: September 17, Notice of Information Collection Under currently approved collection. 2002 through November 21, 2005. Affected Public: Not-for-profit OMB Review TA–W–52,708; Carolina Pad and Paper, institutions; Business or other for-profit; Charlotte, NC: August 25, 2002 AGENCY: National Aeronautics and State, local, or tribal government. through September 25, 2005. Space Administration (NASA). Estimated Number of Respondents: TA–W–53,410; Nidec America Corp., ACTION: Notice of information collection 8128. ADF Div. Canton, MA: October 28, Estimated Time Per Response: ranges under OMB review. 2002 through December 4, 2005 from 1/3 hour to 8 hours per response.
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Estimated Total Annual Burden SUPPLEMENTARY INFORMATION: NATIONAL AERONAUTICS AND Hours: 15,137. SPACE ADMINISTRATION Estimated Total Annual Cost: $0. I. Abstract [Notice: 05–017] IV. Request for Comments The National Aeronautics and Space Administration (NASA) is requesting Comments are invited on: (1) Whether Notice of Information Collection Under renewal of an existing collection that is OMB Review the proposed collection of information used to help NASA to assess the is necessary for the proper performance services provided by its procurement AGENCY: National Aeronautics and of the functions of NASA, including offices. Space Administration (NASA). whether the information collected has The NASA Procurement Customer ACTION: Notice of information collection practical utility; (2) the accuracy of under OMB review. NASA’s estimate of the burden Survey is used to determine whether (including hours and cost) of the NASA’s Procurement Offices are SUMMARY: The National Aeronautics and proposed collection of information; (3) providing an acceptable level of service Space Administration, as part of its ways to enhance the quality, utility, and to the business/educational community, continuing effort to reduce paperwork clarity of the information to be and if not, which areas need and respondent burden, invites the collected; and (4) ways to minimize the improvement. general public and other Federal burden of the collection of information Respondents will be business agencies to take this opportunity to on respondents, including automated concerns and educational institutions comment on proposed and/or collection techniques or the use of other that have been awarded a NASA continuing information collections, as forms of information technology. procurement, or are interested in required by the Paperwork Reduction receiving such an award. Dated: January 31, 2005. Act of 1995 (Pub. L. 104–13, 44 U.S.C. Patricia L. Dunnington, II. Method of Collection 3506(c)(2)(A)). Chief Information Officer. DATES: All comments should be NASA uses electronic methods to submitted within 30 calendar days from [FR Doc. 05–2294 Filed 2–4–05; 8:45 am] collect information from collection the date of this publication. BILLING CODE 7510–13–P respondents. ADDRESSES: All comments should be III. Data addressed to Desk Officer for NASA; NATIONAL AERONAUTICS AND Office of Information and Regulatory SPACE ADMINISTRATION Title: NASA Procurement Customer Affairs; Room 10236; New Executive Survey. Office Building; Washington, DC 20503. [Notice: 05–019] OMB Number: 2700–0101. FOR FURTHER INFORMATION CONTACT: Notice of Information Collection Under Type of review: Revision of a Requests for additional information or OMB Review currently approved collection. copies of the information collection Affected Public: Business or other for- instrument(s) and instructions should AGENCY: National Aeronautics and profit; Not-for-profit institutions. be directed to Ms. Kathy Shaeffer, Space Administration (NASA). Acting NASA Reports Officer, NASA Estimated Number of Respondents: ACTION: Notice of information collection Headquarters, 300 E Street SW., Mail 1000. under OMB review Code V, Washington, DC 20546, (202) Estimated Time Per Response: 15 358–1230, [email protected]. SUMMARY: The National Aeronautics and minutes. SUPPLEMENTARY INFORMATION: Space Administration, as part of its Estimated Total Annual Burden continuing effort to reduce paperwork Hours: 125. I. Abstract and respondent burden, invites the The National Aeronautics and Space general public and other Federal Estimated Total Annual Cost: $0. Administration (NASA) is requesting agencies to take this opportunity to IV. Request for Comments renewal of an existing collection that is comment on proposed and/or used to ensure the proper disposition of continuing information collections, as Comments are invited on: (1) Whether rights to inventions made in the course required by the Paperwork Reduction the proposed collection of information of NASA-funded research. This Act of 1995 (Public Law 104–13, 44 is necessary for the proper performance information is required to monitor U.S.C. 3506(c)(2)(A)). of the functions of NASA, including whether the information collected has contract compliance in support of DATES: All comments should be practical utility; (2) the accuracy of NASA’s mission and in response to submitted within 30 calendar days from procurement requirements. the date of this publication. NASA’s estimate of the burden (including hours and cost) of the Collection of the information ensures ADDRESSES: All comments should be proposed collection of information; (3) proper use and disposition of rights in addressed to Desk Officer for NASA; ways to enhance the quality, utility, and inventions and data developed under Office of Information and Regulatory clarity of the information to be NASA contracts. Legal requirements for Affairs; Room 10236; New Executive collected; and (4) ways to minimize the collection are set forth in 42 U.S.C. Office Building; Washington, DC 20503. burden of the collection of information 2457, et seq., and 35 U.S. C. 200, et seq., FOR FURTHER INFORMATION CONTACT: on respondents, including automated Collection is prescribed in the NASA Requests for additional information or collection techniques or the use of other Federal Acquisition Regulation copies of the information collection forms of information technology. Supplement, Part 1827, Patents, Data instrument(s) and instructions should and Copyrights (48 CFR Part 1827). be directed to Ms. Kathy Shaeffer, Dated: January 31, 2005. The information is used by NASA Acting NASA Reports Officer, NASA Patricia L. Dunnington, legal and contracting offices to ensure Headquarters, 300 E Street SW., Mail Chief Information Officer. disposition of inventions in accordance Code V, Washington, DC 20546, (202) [FR Doc. 05–2295 Filed 2–4–05; 8:45 am] with statues and to determine the 358–1230, [email protected]. BILLING CODE 7510–13–P Government’s rights in data.
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II. Method of Collection and Budget (OMB) for clearance engineering across all disciplines. In NASA utilizes paper and electronic simultaneously with the publication of contrast, other Federal agencies support methods to collect information from this second notice. Comments regarding research focused on specific missions collection respondents. (a) whether the collection of information such as health or defense. The is necessary for the proper performance Foundation also is committed to III. Data of the functions of the agency, including ensuring the nation’s supply of Title: NASA FAR Supplement, Part whether the information will have scientists, engineers, and science and 1827, Patents, Data, & Copyrights. practical utility; (b) the accuracy of the engineering educators. OMB Number: 2700–0052. agency’s estimate of burden including The Foundation fulfills this Type of review: Revision of a the validity of the methodology and responsibility by initiating and currently approved collection. assumptions used; (c) ways to enhance supporting merit-selected research and Affected Public: Business or other for- the quality, utility and clarity of the education projects in all the scientific profit; Not-for-profit institutions; information to be collected; (d) ways to and engineering disciplines. It does this through grants and cooperative Federal government; State, local, or minimize the burden of the collection of agreements to more than 2,000 colleges, tribal government . information on those who are to universities, K–12 school systems, Estimated Number of Respondents: respond, including through the use of businesses, informal science 2351. appropriate automated, electronic, organizations and other research Estimated Time Per Response: Ranges mechanical, or other technological institutions throughout the U.S. The from 1/2 hour to 8 hours per response. collection techniques or other forms of Foundation accounts for about one- Estimated Total Annual Burden information technology should be fourth of Federal support to academic Hours: 8,603. addressed to: Office of Information and institutions for basic research. Estimated Total Annual Cost: $0. Regulatory Affairs of OMB, Attention: Desk Officer for National Science The Foundation relies heavily on the IV. Request for Comments Foundation, 725 17th Street, NW., Room advice and assistance of external advisory committees, ad-hoc proposal Comments are invited on: (1) Whether 10235, Washington, DC 20503, and to reviewers, and to other experts to ensure the proposed collection of information Suzanne H. Plimpton, Reports Clearance that the Foundation is able to reach fair is necessary for the proper performance Officer, National Science Foundation, and knowledgeable judgments. These of the functions of NASA, including 4201 Wilson Boulevard, Suite 295, scientists and educators come from whether the information collected has Arlington, Virginia 22230 or send e-mail colleges and universities, nonprofit practical utility; (2) the accuracy of to [email protected]. Comments research and education organizations, NASA’s estimate of the burden regarding these information collections industry, and other Government (including hours and cost) of the are best assured of having their full effect if received within 30 days of this agencies. proposed collection of information; (3) In making its decisions on proposals, ways to enhance the quality, utility, and notification. Copies of the submission(s) may be obtained by calling 703–292– the counsel of these merit reviewers has clarity of the information to be proven invaluable to the Foundation in collected; and (4) ways to minimize the 7556. NSF may not conduct or sponsor a the identification of meritorious burden of the collection of information collection of information unless the projects. on respondents, including automated collection of information displays a Review of proposals may involve collection techniques or the use of other currently valid OMB control number large panel sessions, small groups, use forms of information technology. and the agency informs potential of individuals, ad hoc ‘‘mail reviews’’ Dated: January 31, 2005. persons who are to respond to the by three or more reviewers, or some Patricia L. Dunnington, collection of information that such combination of these peer review Chief Information Officer. persons are not required to respond to methods. Proposals are reviewed [FR Doc. 05–2302 Filed 2–4–05; 8:45 am] the collection of information unless it carefully by scientists or engineers who BILLING CODE 7510–13–P displays a currently valid OMB control are expert in the particular field number. represented by the proposal. About 50% SUPPLEMENTARY INFORMATION: are reviewed exclusively by panels of NATIONAL SCIENCE FOUNDATION Title of Collection: NSF Proposal reviewers who gather, usually in Review Process. Arlington, VA, to discuss their advice as Agency Information Collection OMB Control No.: 3145–0060. well as to deliver it. About 35% are Activities: Comment Request reviewed first by mail reviewers expert Proposed Project Proposal Evaluation in the particular field, then by panels, AGENCY: National Science Foundation. Process usually of persons with more diverse ACTION: Submission for OMB review; The National Science Foundation expertise, who help the NSF decide comment request. (NSF) is an independent Federal agency among proposals from multiple fields or created by the National Science sub-fields. Finally, about 15% are SUMMARY: The National Science Foundation Act of 1950, as amended (42 reviewed exclusively by mail. Foundation (NSF) has submitted the U.S.C. 1861–75). The Act states the following information collection purpose of the NSF is ‘‘to promote the Use of the Information requirement to OMB for review and progress of science; [and] to advance the The information collected on the clearance under the Paperwork national health, prosperity, and proposal evaluation forms is used by the Reduction Act of 1995, Pub. L. 104–13. welfare’’ by supporting research and Foundation in applying the following This is the second notice for public education in all fields of science and criteria when awarding or declining comment; the first was published in the engineering.’’ proposals submitted to the Agency: (1) Federal Register at 69 FR 62726, and no From those first days, NSF has had a What is the intellectual merit of the comments were received. NSF is unique place in the Federal proposed activity? (2) What are the forwarding the proposed renewal Government: It is responsible for the broader impacts of the proposed submission to the Office of Management overall health of science and activity?
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The information collected on reviewer NUCLEAR REGULATORY assumptions, conditions, or the manner in background questionnaire (NSF 428A) is COMMISSION which the plant is operated and maintained. used by managers to maintain an The proposed change does not alter or [Docket Nos. 50–266 and 50–301] prevent the ability of structures, systems, and automated database of reviewers for the components from performing their intended many disciplines represented by the Nuclear Management Company; Notice function to mitigate the consequences of an proposals submitted to the Foundation. of Consideration of Issuance of initiating event within the assumed Information collected on gender, race, Amendments to Facility Operating acceptance limits. The proposed change does and ethnicity is used in meeting NSF License, Proposed No Significant not affect the source term, containment isolation, or radiological release assumptions needs for data to permit response to Hazards Consideration Determination, used in evaluating the radiological Congressional and other queries into and Opportunity for a Hearing consequences of an accident previously equity issues. These data also are used The U.S. Nuclear Regulatory evaluated. Further, the proposed change does in the design, implementation, and not increase the types or amounts of Commission (the Commission) is radioactive effluent that may be released monitoring of NSF efforts to increase the considering issuance of an amendment participation of various groups in offsite, nor significantly increase individual to Facility Operating License Nos. DPR– or cumulative occupational/public radiation science, engineering, and education. 24 and DPR–27 issued to Nuclear exposures. The proposed change is consistent Confidentiality Management Company (the licensee) for with safety analysis assumptions and operation of the Point Beach Nuclear resultant consequences. Therefore, it is When a decision has been made Plant, Units 1 and 2, located in Two concluded that this change does not significantly increase the probability of (whether an award or a declination), Rivers, Wisconsin. occurrence of an accident previously verbatim copies of reviews, excluding The proposed amendment would evaluated. the identities of the reviewers, and revise the Point Beach Nuclear Plant 2. Operation of PBNP in accordance with summaries of review panel (PBNP), Units 1 and 2, Updated Final the proposed amendments does not result in deliberations, if any, are provided to the Safety Analysis Report to reflect the a new or different kind of accident from any PI. A proposer also may request and Commission staff’s approval of the accident previously evaluated. The proposed change revises the analysis obtain any other releasable material in WCAP–14439–P, Revision 2 analysis entitled, ‘‘Technical Justification for supporting the PBNP dynamic effects design NSF’s file on his or her proposal. basis for primary loop piping. The changes Everything in the file except Eliminating Large Primary Loop Pipe do not impose any new or different information that directly identifies Rupture as the Structural Design Basis requirements or eliminate any existing either reviewers or other pending or for the Point Beach Nuclear Plant Units requirements. The changes do not alter 1 and 2 for the Power Uprate and assumptions made in the safety analysis. The declined proposals is usually releasable License Renewal Program.’’ proposed changes are consistent with the to the proposer. Before issuance of the proposed safety analysis assumptions and current plant While listings of panelists’ names are license amendment, the Commission operating practice. Therefore, the proposed released, the names of individual change does not create the possibility of a will have made findings required by the new or different kind of accident from any reviewers, associated with individual Atomic Energy Act of 1954, as amended previously evaluated. proposals, are not released. (the Act), and the Commission’s 3. Operation of PBNP in accordance with The Foundation collects information regulations. the proposed amendments does not result in regarding race, ethnicity, disability, and The Commission has made a a significant reduction in a margin of safety. The proposed change revises the analysis gender, as noted above. The FOIA and proposed determination that the amendment request involves no supporting the PBNP dynamic effects design the Privacy Act protect this information significant hazards consideration. Under basis for primary loop piping. All the from public disclosure. recommended margins regarding leak-before- the Commission’s regulations in Title 10 break conditions (margin on leak rate, margin Burden on the Public of the Code of Federal Regulations (10 on flaw size, and margin on loads) are CFR), Section 50.92, this means that satisfied for the primary loop piping. The The Foundation estimates that operation of the facility in accordance proposed change does not alter the manner anywhere from one hour to twenty with the proposed amendment would in which safety limits, limiting safety system hours may be required to review a not (1) involve a significant increase in settings or limiting conditions for operation proposal. It is estimated that the probability or consequences of an are determined. The setpoints at which approximately five hours are required to accident previously evaluated; or (2) protective actions are initiated are not altered by the proposed changes. Sufficient review an average proposal. Each create the possibility of a new or equipment remains available to actuate upon proposal receives an average of 6.3 different kind of accident from any demand for the purpose of mitigating an reviews, with a minimum requirement accident previously evaluated; or (3) analyzed event. involve a significant reduction in a of three reviews. The NRC staff has reviewed the margin of safety. As required by 10 CFR Dated: February 2, 2005. licensee’s analysis and, based on this 50.91(a), the licensee has provided its review, it appears that the three Suzanne H. Plimpton, analysis of the issue of no significant standards of 10 CFR 50.92(c) are Reports Clearance Officer, National Science hazards consideration, which is satisfied. Therefore, the NRC staff Foundation. presented below: [FR Doc. 05–2301 Filed 2–4–05; 8:45 am] proposes to determine that the 1. Operation of PBNP in accordance with amendment request involves no BILLING CODE 7555–01–M the proposed amendments does not result in significant hazards consideration. a significant increase in the probability or The Commission is seeking public consequences of any accident previously comments on this proposed evaluated. The proposed change revises the analysis determination. Any comments received supporting the PBNP dynamic effects design within 30 days after the date of basis for primary loop piping. The proposed publication of this notice will be change does not adversely affect accident considered in making any final initiators or precursors nor alter the design determination.
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Normally, the Commission will not Public File Area 01F21, 11555 Rockville must be one which, if proven, would issue the amendment until the Pike (first floor), Rockville, Maryland. entitle the petitioner to relief. A expiration of 60 days after the date of Publicly available records will be petitioner/requestor who fails to satisfy publication of this notice. The accessible from the Agencywide these requirements with respect to at Commission may issue the license Documents Access and Management least one contention will not be amendment before expiration of the 60- System’s (ADAMS) Public Electronic permitted to participate as a party. day period provided that its final Reading Room on the Internet at the Those permitted to intervene become determination is that the amendment NRC Web site, http://www.nrc.gov/ parties to the proceeding, subject to any involves no significant hazards reading-rm/doc-collections/cfr/. If a limitations in the order granting leave to consideration. In addition, the request for a hearing or petition for intervene, and have the opportunity to Commission may issue the amendment leave to intervene is filed by the above participate fully in the conduct of the prior to the expiration of the 30-day date, the Commission or a presiding hearing. comment period should circumstances officer designated by the Commission or If a hearing is requested, the change during the 30-day comment by the Chief Administrative Judge of the Commission will make a final period such that failure to act in a Atomic Safety and Licensing Board determination on the issue of no timely way would result, for example in Panel, will rule on the request and/or significant hazards consideration. The derating or shutdown of the facility. petition; and the Secretary or the Chief final determination will serve to decide Should the Commission take action Administrative Judge of the Atomic when the hearing is held. If the final prior to the expiration of either the Safety and Licensing Board will issue a determination is that the amendment comment period or the notice period, it notice of a hearing or an appropriate request involves no significant hazards will publish in the Federal Register a order. consideration, the Commission may notice of issuance. Should the As required by 10 CFR 2.309, a issue the amendment and make it Commission make a final No Significant petition for leave to intervene shall set immediately effective, notwithstanding Hazards Consideration Determination, forth with particularity the interest of the request for a hearing. Any hearing any hearing will take place after the petitioner in the proceeding, and held would take place after issuance of issuance. The Commission expects that how that interest may be affected by the the amendment. If the final the need to take this action will occur results of the proceeding. The petition determination is that the amendment very infrequently. should specifically explain the reasons request involves a significant hazards Written comments may be submitted why intervention should be permitted consideration, any hearing held would by mail to the Chief, Rules and with particular reference to the take place before the issuance of any Directives Branch, Division of following general requirements: (1) The amendment. Administrative Services, Office of name, address and telephone number of Nontimely requests and/or petitions Administration, U.S. Nuclear Regulatory the requestor or petitioner; (2) the and contentions will not be entertained Commission, Washington, DC 20555– nature of the requestor’s/petitioner’s absent a determination by the 0001, and should cite the publication right under the Act to be made a party Commission or the presiding officer of date and page number of this Federal to the proceeding; (3) the nature and the Atomic Safety and Licensing Board Register notice. Written comments may extent of the requestor’s/petitioner’s that the petition, request and/or the also be delivered to Room 6D59, Two property, financial, or other interest in contentions should be granted based on White Flint North, 11545 Rockville the proceeding; and (4) the possible a balancing of the factors specified in 10 Pike, Rockville, Maryland, from 7:30 effect of any decision or order which CFR 2.309(a)(1)(I)–(viii). a.m. to 4:15 p.m. Federal workdays. may be entered in the proceeding on the A request for a hearing or a petition Documents may be examined, and/or requestors/petitioner’s interest. for leave to intervene must be filed by: copied for a fee, at the NRC’s Public The petition must also identify the (1) First class mail addressed to the Document Room, located at One White specific contentions which the Office of the Secretary of the Flint North, Public File Area O1 F21, petitioner/requestor seeks to have Commission, U.S. Nuclear Regulatory 11555 Rockville Pike (first floor), litigated at the proceeding. Commission, Washington, DC 20555– Rockville, Maryland. Each contention must consist of a 0001, Attention: Rulemaking and The filing of requests for hearing and specific statement of the issue of law or Adjudications Staff; (2) courier, express petitions for leave to intervene is fact to be raised or controverted. In mail, and expedited delivery services: discussed below. addition, the petitioner/requestor shall Office of the Secretary, Sixteenth Floor, Within 60 days after the date of provide a brief explanation of the bases One White Flint North, 11555 Rockville publication of this notice, the licensee for the contention and a concise Pike, Rockville, Maryland, 20852, may file a request for a hearing with statement of the alleged facts or expert Attention: Rulemaking and respect to issuance of the amendment to opinion which support the contention Adjudications Staff; (3) E-mail the subject facility operating license and and on which the petitioner intends to addressed to the Office of the Secretary, any person whose interest may be rely in proving the contention at the U.S. Nuclear Regulatory Commission, affected by this proceeding and who hearing. The petitioner/requestor must [email protected]; or (4) wishes to participate as a party in the also provide references to those specific facsimile transmission addressed to the proceeding must file a written request sources and documents of which the Office of the Secretary, U.S. Nuclear for a hearing and a petition for leave to petitioner is aware and on which the Regulatory Commission, Washington, intervene. Requests for a hearing and a petitioner intends to rely to establish DC, Attention: Rulemakings and petition for leave to intervene shall be those facts or expert opinion. The Adjudications Staff at (301) 415–1101, filed in accordance with the petition must include sufficient verification number is (301) 415–1966. Commission’s ‘‘Rules of Practice for information to show that a genuine A copy of the request for hearing and Domestic Licensing Proceedings’’ in 10 dispute exists with the applicant on a petition for leave to intervene should CFR Part 2. Interested persons should material issue of law or fact. also be sent to the Office of the General consult a current copy of 10 CFR 2.309, Contentions shall be limited to matters Counsel, U.S. Nuclear Regulatory which is available at the Commission’s within the scope of the amendment Commission, Washington, DC 20555– PDR, located at One White Flint North, under consideration. The contention 0001, and it is requested that copies be
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transmitted either by means of facsimile June 30, 2004, and is due to expire on can be resolved through effective transmission to 301–415–3725 or by December 31, 2008. implementation of USEC’s email to [email protected]. A On December 16, 2002, the NRC’s commitments. copy of the request for hearing and Office of Investigations (OI) started an I find that USEC’s commitments as set petition for leave to intervene should investigation to determine whether a forth in Section IV are acceptable and also be sent to Jonathan Rogoff, Esquire, Quality Control (QC) Manager at USEC’s necessary and conclude that with these Vice President, Counsel & Secretary, Paducah Gaseous Diffusion Plant commitments the public health and Nuclear Management Company, LLC, (PGDP) was discriminated against by safety are reasonably assured. In view of 700 First Street, Hudson, WI 54016, being suspended and later terminated the foregoing, I have determined that the attorney for the licensee. for raising safety concerns. On May 12, public health and safety require that For further details with respect to this 2003, OI expanded its investigation to USEC’s commitments be confirmed by action, see the application for determine whether the same QC this Order. Based on the above and amendment dated November 5, 2003, Manager was discriminated against, in USEC’s consent, this Order is which is available for public inspection retaliation for the previously raised immediately effective upon issuance. at the Commission’s PDR, located at safety concerns, by not being considered USEC is required to provide the NRC One White Flint North, File Public Area for a position with a contractor with a letter summarizing its actions O1 F21, 11555 Rockville Pike (first performing work for USEC at PGDP. OI, when all of the Section IV requirements floor), Rockville, Maryland. Publicly in OI report No. 3–2002–040, did not have been completed. available records will be accessible from substantiate that the QC Manager was Accordingly, pursuant to Sections 81, the Agencywide Documents Access and suspended or terminated because of 161b, 161i, 161o, 182, 186 and 1710 of Management System’s (ADAMS) Public raising safety concerns. However, based the Atomic Energy Act of 1954, as Electronic Reading Room on the Internet on the facts and circumstances amended, and the Commission’s at the NRC Web site, http:// described in OI Report Number 3–2002– regulations in 10 CFR 2.202 and 10 CFR www.nrc.gov/reading-rm/adams.html. 040, the NRC was concerned that the Part 76, it is hereby ordered, effective Persons who do not have access to former QC Manager may have been immediately, that Certificate of ADAMS or who encounter problems in discriminated against by not being Compliance No. GDP–1 is modified as accessing the documents located in considered for a contract position. By follows: ADAMS, should contact the NRC PDR letter dated September 29, 2004, the 1. By no later than March 31, 2005, Reference staff by telephone at 1–800– NRC identified to USEC the NRC’s USEC shall develop and conduct initial 397–4209, 301–415–4737, or by e-mail concern. The September 29th letter Safety Conscious Work Environment to [email protected]. offered USEC the opportunity either to training for: (a) Managers of USEC Dated at Rockville, Maryland, this 31st day attend a predecisional enforcement contractors at the PGDP; and (b) USEC of January 2005. conference (PEC) or to request personnel who are principal points of For the Nuclear Regulatory Commission. alternative dispute resolution (ADR) in contact for USEC contractors at the PGDP. Deirdre W. Spaulding, which a neutral mediator with no decision-making authority would 2. By no later than June 30, 2005, Project Manager, Section 1, Project USEC shall develop Safety Conscious Directorate III, Division of Licensing Project facilitate discussions between the NRC Management, Office of Nuclear Reactor and USEC and, if possible, assist the Work Environment refresher training for Regulation. NRC and USEC in reaching an the managers of USEC contractors at the [FR Doc. 05–2242 Filed 2–4–05; 8:45 am] agreement on resolving the concern. PGDP and revise its training program requirements to conduct on-going BILLING CODE 7590–01–U USEC chose to participate in ADR. On November 22, 2004, the NRC and USEC refresher training at a frequency met at USEC headquarters in Bethesda, consistent with USEC’s General NUCLEAR REGULATORY Maryland in an ADR session mediated Employee Training at the PGDP. COMMISSION by a professional mediator, arranged 3. By no later than June 30, 2005, through Cornell University’s Institute on USEC shall revise its training program [Docket No. 070–07001, Certificate No. Conflict Resolution. requirements to conduct initial Safety GDP–1, EA–04–123] By letter dated December 6, 2004, Conscious Work Environment training United States Enrichment Corporation, USEC enumerated the actions it has for: (a) New managers of USEC Paducah Gaseous Diffusion Plant, already taken and additional actions it contractors at the PGDP; and (b) USEC Paducah, KY; Confirmatory Order agreed to take in order to enhance its personnel who become principal points Modifying License (Effective Safety Conscious Work Environment at of contact for USEC contractors at the Immediately) the PGDP. The agreed-upon additional PGDP, within ninety day of their actions noted in Section IV of this assumption of these duties. The United States Enrichment Confirmatory Order focus on Safety The Director, Office of Enforcement, Corporation (USEC or Corporation) is Conscious Work Environment training may relax or rescind, in writing, any of the holder of NRC Certificate of for managers of USEC contractors at the the above conditions upon a showing by Compliance No. GDP–1 issued by the PGDP and USEC managers who are USEC of good cause. Nuclear Regulatory Commission (NRC principal points of contact for USEC Any person adversely affected by this or Commission) pursuant to 10 CFR Part contractors at the PGDP. Confirmatory Order, other than the 76. The certificate authorizes USEC to On January 24, 2005, USEC consented Certificate holder, may request a hearing receive, and licensees shall be to the NRC issuing this Confirmatory within 20 days of its issuance. Where authorized to transfer to the Order with the commitments, as good cause is shown, consideration will Corporation, byproduct material, source described in Section IV below. USEC be given to extending the time to request material, or special nuclear material to further agreed in its January 24, 2005, a hearing. A request for extension of the extent permitted under the letter that this Confirmatory Order is to time must be made in writing to the Certificate of Compliance. The be effective upon issuance and that it Director, Office of Enforcement, U.S. certificate was issued November 26, has waived its right to a hearing. The Nuclear Regulatory Commission, 1996, was most recently amended on NRC has concluded that its concerns Washington, DC 20555, and include a
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statement of good cause for the NUCLEAR REGULATORY Biomedical Sciences, Inc. Based on its extension. Any request for a hearing COMMISSION review, the staff has determined that shall be submitted to the Secretary, U.S. there are no additional remediation [Docket No. 030–17541] Nuclear Regulatory Commission, ATTN: activities necessary to complete the proposed action. Therefore, the staff Rulemakings and Adjudications Staff, Notice of Availability of Environmental considered the impact of the residual Washington, DC 20555. Copies also Assessment and Finding of No radioactivity at the facility and shall be sent to the Director, Office of Significant Impact for License concluded that since the residual Enforcement, U.S. Nuclear Regulatory Amendment for Exxonmobil radioactivity meets the requirements in Commission, Washington, DC 20555, to Biomedical Sciences, Inc.’s Facility in Subpart E of 10 CFR Part 20, a Finding the Assistant General Counsel for Annandale, NJ of No Significant Impact is appropriate. Materials Litigation and Enforcement at the same address, to the Regional AGENCY: Nuclear Regulatory III. Finding of No Significant Impact Commission. Administrator, NRC Region II, 61 The staff has prepared the EA ACTION: Forsyth Street, SW., Suite 23T85, Notice of availability. (summarized above) in support of the Atlanta, Georgia, 30303–8931, and to license amendment to terminate the FOR FURTHER INFORMATION CONTACT: the Certificate Holder. Because of license and release the facility for Betsy Ullrich, Commercial and R&D continuing disruptions in delivery of unrestricted use. The NRC staff has Branch, Division of Nuclear Materials mail to United States Government evaluated Exxonmobil Biomedical Safety, Region I, 475 Allendale Road, offices, it is requested that answers and Sciences, Inc.’’s request and the results King of Prussia, Pennsylvania, 19406, requests for hearing be transmitted to of the surveys and has concluded that telephone (610) 337–5040, fax (610) the completed action complies with the the Secretary of the Commission either 337–5269; or by email: [email protected]. by means of facsimile transmission to criteria in Subpart E of 10 CFR Part 20. SUPPLEMENTARY INFORMATION: 301–415–1101 or by e-mail to The staff has found that the [email protected] and also to the I. Introduction environmental impacts from the action are bounded by the impacts evaluated Office of the General Counsel either by The Nuclear Regulatory Commission means of facsimile transmission to 301– by NUREG–1496, Volumes 1–3, (NRC) is issuing a license amendment to ‘‘Generic Environmental Impact 415–3725 or by e-mail to Exxonmobil Biomedical Sciences, Inc. Statement in Support of Rulemaking on [email protected]. If a person for Materials License No. 29–19396–01, Radiological Criteria for License other than the licensee requests a to authorize release of its facility in Termination of NRC-Licensed hearing, that person shall set forth with Annandale, New Jersey for unrestricted Facilities’’ (ML042310492, particularity the manner in which his use. NRC has prepared an ML042320379, and ML042330385). On interest is adversely affected by this Environmental Assessment (EA) in the basis of the EA, the NRC has Order and shall address the criteria set support of this action in accordance concluded that the environmental forth in 10 CFR 2.309(d) and (f). with the requirements of 10 CFR Part impacts from the action are expected to If a hearing is requested by a person 51. Based on the EA, the NRC has be insignificant and has determined not whose interest is adversely affected, the concluded that a Finding of No to prepare an environmental impact Commission will issue an Order Significant Impact (FONSI) is statement for the action. appropriate. The amendment will be designating the time and place of any issued following the publication of this IV. Further Information hearing. If a hearing is held, the issue to Notice. Documents related to this action, be considered at such hearing shall be including the application for the license whether this Confirmatory Order should II. EA Summary amendment and supporting be sustained. The purpose of the action is to documentation, are available In the absence of any request for authorize the release of the licensee’s electronically at the NRC’s Electronic hearing, or written approval of an Annandale, New Jersey facility for Reading Room at http://www.nrc.gov/ extension of time in which to request a unrestricted use. Exxonmobil reading-rm/adams.html. From this site, hearing, the provisions specified in Biomedical Sciences, Inc. was you can access the NRC’s Agencywide Section IV above shall be final 20 days authorized by NRC from December 14, Document Access and Management from the date of this Order without 1999, to use radioactive materials for System (ADAMS), which provides text further order or proceedings. If an research and development purposes at and image files of NRC’s public extension of time for requesting a the site. On October 25, 2004, documents. The ADAMS accession hearing has been approved, the Exxonmobil Biomedical Sciences, Inc. numbers for the documents related to provisions specified in Section IV shall requested that NRC release the facility this Notice are: Environmental be final when the extension expires if a for unrestricted use. Exxonmobil Assessment Related to an Amendment Biomedical Sciences, Inc. has of U.S. Nuclear Regulatory Commission hearing request has not been received. conducted surveys of the facility and Materials License No. 29–19396–01 An answer or a request for hearing shall provided information to the NRC to ML050280058; and the Radiological not stay the immediate effectiveness of demonstrate that the site meets the Decommissioning Report, ExxonMobil this order. license termination criteria in Subpart E Biomedical Sciences, Inc., 1545 Route Dated this 27th day of January 2005. of 10 CFR Part 20 for unrestricted use. 22 East, Annandale, New Jersey, For the Nuclear Regulatory Commission. The NRC staff has prepared an EA in October 24, 2004 (ML043100336). Frank J. Congel, support of the license amendment. The Please note that on October 25, 2004, facility was remediated and surveyed the NRC terminated public access to Director, Office of Enforcement. prior to the licensee requesting the ADAMS and initiated an additional [FR Doc. 05–2243 Filed 2–4–05; 8:45 am] license amendment. The NRC staff has security review of publicly available BILLING CODE 7590–01–U reviewed the information and final documents to ensure that potentially status survey submitted by Exxonmobil sensitive information is removed from
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the ADAMS database accessible through LLW management in the U.S. and LLW meeting with Commissioners (Agenda the ADAMS web site. Interested issues faced by the industry, regulators Item #5). members of the public may obtain and stakeholders. Procedures for the conduct of and copies of the reference documents for 3 p.m.–5:30 p.m.: Preparation for participation in ACNW meetings were review and or copying by contacting the Meeting with the NRC Commissioners published in the Federal Register on Public Document Room pending (Open)—The Committee will discuss October 18, 2004 (69 FR 61416). In resumption of public access to ADAMS. the proposed presentation topics for its accordance with these procedures, oral The NRC Public Documents Room is meeting with the NRC Commissioners, or written statements may be presented located at NRC Headquarters in which is scheduled to be held between by members of the public. Electronic Rockville, Maryland, and can be 9:30 a.m. and 11:30 a.m. on Wednesday, recordings will be permitted only contacted at (800) 397–4209 or (301) March 16, 2005. during those portions of the meeting that are open to the public. Persons 415–4737, or by email to [email protected]. Thursday, February 24, 2005 The PDR reproduction contractor will desiring to make oral statements should copy documents for a fee. The PDR is 8:30 a.m.–8:35 a.m.: Opening notify Mr. Michael P. Lee, (Telephone open from 7:45 a.m. to 4:15 p.m., Statement (Open)—The ACNW 301–415–6887), between 7:30 a.m. and Monday through Friday, except on Chairman will make opening remarks 4 p.m. ET, as far in advance as Federal holidays. regarding the conduct of today’s practicable so that appropriate sessions. arrangements can be made to schedule Dated at King of Prussia, Pennsylvania, this 8:35 a.m.–9:25 a.m.: Status of High- the necessary time during the meeting 28th day of January, 2005. Significance Agreements Associated for such statements. Use of still, motion For the Nuclear Regulatory Commission. with the Proposed High-Level Waste picture, and television cameras during James Dwyer, Repository (Open)—The Committee will this meeting will be limited to selected Chief, Commercial and R&D Branch, Division be briefed by an NRC representative on portions of the meeting as determined of Nuclear Materials Safety, Region I. the status of high-significance by the ACNW Chairman. Information [FR Doc. 05–2244 Filed 2–4–05; 8:45 am] agreements between NRC and DOE regarding the time to be set aside for BILLING CODE 7590–01–P concerning the proposed HLW taking pictures may be obtained by repository at Yucca Mountain. contacting the ACNW office prior to the 9:25 a.m.–10:15 a.m.: Preparation of meeting. In view of the possibility that NUCLEAR REGULATORY ACNW Reports (Open)—The Committee the schedule for ACNW meetings may COMMISSION will discuss proposed ACNW reports on be adjusted by the Chairman as the Agreement State Program and necessary to facilitate the conduct of the Advisory Committee on Nuclear Resolution of High-Significance meeting, persons planning to attend Waste; Notice of Meeting Agreements. should notify Mr. Lee as to their The Advisory Committee on Nuclear 10:30 a.m.–12 Noon: Discussion with particular needs. Waste (ACNW) will hold its 157th Commissioner Merrifield (Open)—The Further information regarding topics meeting on February 23–25, 2005, Room Committee will interact with to be discussed, whether the meeting T–2B3, 11545 Rockville Pike, Rockville, Commissioner Merrifield on areas of has been canceled or rescheduled, the Maryland. The date of this meeting was mutual interest in the waste Chairman’s ruling on requests for the previously published in the Federal management area. opportunity to present oral statements Register on Wednesday, December 8, 1 p.m.–5:30 p.m.: Center for Nuclear and the time allotted, therefore can be 2004 (69 FR 71084). Waste Regulatory Analyses (CNWRA) obtained by contacting Mr. Lee. The schedule for this meeting is as Report—Accomplishments and Future ACNW meeting agenda, meeting follows: Projects (Open)—The Committee will be transcripts, and letter reports are briefed by NMSS and the CNWRA available through the NRC Public Wednesday, February 23, 2005 representatives regarding recent Document Room at [email protected], or by 10:30 a.m.–10:40 a.m.: Opening technical accomplishments and future calling the PDR at 1–800–397–4209, or Statement (Open)—The ACNW project plans of NRC’s technical from the Publicly Available Records Chairman will open the meeting with assistance contractor. System (PARS) component of NRC’s brief opening remarks, outline the topics document system (ADAMS) which is Friday, February 25, 2005 to be discussed, and indicate items of accessible from the NRC Web site at interest. 8:30 a.m.–8:35 a.m.: Opening http://www.nrc.gov/reading-rm/ 10:40 a.m.–11:20 a.m.: ACNW 2005 Statement (Open)—The ACNW adams.html or http://www.nrc.gov/ Action Plan (Open)—The ACNW Chairman will make opening remarks reading-rm/doc-collections/ (ACRS & Committee will discuss changes to the regarding the conduct of today’s ACNW Mtg schedules/agendas). 2005 Action Plan resulting from sessions. Video Teleconferencing service is COMSECY–04–0077, dated January 19, 8:35 a.m.–9:45 a.m.: Preparation of available for observing open sessions of 2005. ACNW Reports (Open)—The Committee ACNW meetings. Those wishing to use 11:20 a.m.–12:20 p.m.: Time-of- will continue its discussion of proposed this service for observing ACNW Compliance for a Proposed High-Level ACNW reports on the Agreement State meetings should contact Mr. Theron Waste (HLW) Repository (Open)—The Program and Resolution of High- Brown, ACNW Audiovisual Technician Committee will continue its discussions Significance Agreements. (301–415–8066), between 7:30 a.m. and on time-of-compliance for a proposed 9:45 a.m.–12 Noon: Miscellaneous 3:45 p.m. e.t., at least 10 days before the HLW and determine the need and (Open)—The Committee will discuss meeting to ensure the availability of this timing of a possible Working Group matters related to the conduct of service. Individuals or organizations Meeting on this subject. Committee activities and matters and requesting this service will be 1:20 p.m.–3 p.m.: Low-Level specific issues that were not completed responsible for telephone line charges Radioactive Waste (LLW) Issues during previous meetings, as time and and for providing the equipment and (Open)—The Committee will be briefed availability of information permit. facilities that they use to establish the by the Chairman on the current status of Discussions may include forthcoming video teleconferencing link. The
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availability of video teleconferencing MATTERS TO BE CONSIDERED: 2005, the American Stock Exchange LLC services is not guaranteed. (‘‘Amex’’), the Boston Stock Exchange, Wednesday, February 16—1 p.m. Dated: February 1, 2005. (Closed) Inc. (‘‘BSE’’), the Chicago Board Options Andrew L. Bates, Exchange, Inc. (‘‘CBOE’’), the 1. Financial Update. International Securities Exchange Advisory Committee Management Officer. 2. Postal Rate Commission Opinion and [FR Doc. 05–2245 Filed 2–4–05; 8:45 am] (‘‘ISE’’), the Pacific Exchange, Inc. Recommended Decision in (‘‘PCX’’), and the Philadelphia Stock BILLING CODE 7590–01–P Negotiated Service Agreement Exchange, Inc. (‘‘Phlx’’) (collectively, (NSA) with Bank One Corporation, ‘‘Participants’’), respectively, filed with Docket No. MC2004–3. NUCLEAR REGULATORY 3. Filing with the Postal Rate the Securities and Exchange COMMISSION Commission for a Negotiated Commission (‘‘Commission’’) pursuant Service Agreement. to Section 11A of the Securities Advisory Committee on Reactor 1 4. Rate Case Planning. Exchange Act of 1934 (‘‘Act’’) and Rule Safeguards; Revised 5. Strategic Planning. 11Aa3–2 thereunder,2 an amendment The 519th ACRS meeting scheduled 6. Personnel Matters and Compensation (‘‘Joint Amendment No. 14’’) to the Plan to be held for three days, February 10– Issues. for the Purpose of Creating and 12, 2005, has been changed to a two-day Operating an Intermarket Option Thursday, February 17—8:30 a.m. meeting, February 10–11, 2005. The Linkage (‘‘Linkage Plan’’).3 In Joint (Open) agenda for the meeting on Thursday, Amendment No. 14, the Participants February 10, 2005 has been modified as 1. Minutes of the Previous Meeting, propose to extend the pilot provision noted below. January 11, 2005. limiting Trade-Through 4 liability at the • The discussion of Waterford 2. Remarks of the Postmaster General/ end of the trading day for an additional Nuclear Plant power uprate, previously Chief Executive Officer. year, until January 31, 2006, and to scheduled between 8:35 and 10:30 a.m., 3. Appointment of Members to Board increase the limitation on liability from is now scheduled between 8:35 and 12 Committees and Committee Report. 25 contracts to 50 contracts. This order noon. 4. Capital Investment. summarily puts into effect Joint • a. Atlantic City, New Jersey, Main The item on Technical Basis for Amendment No. 14 on a temporary Post Office. Potential Revision of the Pressurized basis not to exceed 120 days, and Thermal Shock (PTS) Screening Criteria 5. Quarterly Report on Financial Performance. solicits comment on Joint Amendment in the PTS Rule, scheduled between No. 14 from interested persons.5 10:45 and 12:30 p.m., has been 6. Report on the Southeast Areas and postponed to a future ACRS meeting Suncoast District. 1 15 U.S.C. 78k–1. due to the unavailability of draft 7. Tentative Agenda for the April 12, 2005, meeting in Washington, DC. 2 17 CFR 240.11Aa3–2. NUREG document being prepared by 3 On July 28, 2000, the Commission approved a FOR MORE INFORMATION CONTACT the NRC staff. : national market system plan for the purpose of • The Mixed Oxide Fuel Fabrication William T. Johnstone, Secretary of the creating and operating an intermarket options Facility discussion scheduled between Board, U.S. Postal Service, 475 L’Enfant market linkage (‘‘Linkage’’) proposed by Amex, 1:30 and 4:30 p.m., is now scheduled Plaza, SW., Washington, DC. 20260– CBOE, and ISE. See Securities Exchange Act 1000. Telephone (202) 268–4800. Release No. 43086 (July 28, 2000), 65 FR 48023 between 1 and 4 p.m. (August 4, 2000). Subsequently, Phlx, PCX, and BSE All the other items remain the same William T. Johnstone, joined the Linkage Plan. See Securities Exchange as previously published in the Federal Act Release Nos. 43573 (November 16, 2000), 65 FR Secretary. Register on Monday, January 24, 2005 70851 (November 28, 2000); 43574 (November 16, (70 FR 3399). [FR Doc. 05–2466 Filed 2–3–05; 3:46 pm] 2000), 65 FR 70850 (November 28, 2000); and 49198 For further information, contact Mr. BILLING CODE 7710–12–M (February 5, 2004), 69 FR 7029 (February 12, 2004). On June 27, 2001, May 30, 2002, January 29, 2003, Sam Duraiswamy (telephone 301–415– June 18, 2003, January 29, 2004, June 15, 2004, June 7364), between 7:30 a.m. and 4:15 p.m., 17, 2004, July 2, 2004, and October 19, 2004, the e.d.t. SECURITIES AND EXCHANGE Commission approved joint amendments to the COMMISSION Linkage Plan. See Securities Exchange Act Release Dated: February 1, 2005. Nos. 44482 (June 27, 2001), 66 FR 35470 (July 5, Andrew L. Bates, [Release No. 34–51108; File No. 4–429] 2001); 46001 (May 30, 2002), 67 FR 38687 (June 5, Advisory Committee Management Officer. 2002); 47274 (January 29, 2003), 68 FR 5313 Joint Industry Plan; Notice of (February 3, 2003); 48055 (June 18, 2003), 68 FR [FR Doc. 05–2241 Filed 2–4–05; 8:45 am] Summary Effectiveness on a 37869 (June 25, 2003); 49146 (January 29, 2004), 69 BILLING CODE 7590–01–P FR 5618 (February 5, 2004); 49863 (June 15, 2004), Temporary Basis of Joint Amendment 69 FR 35081 (June 23, 2004); 49885 (June 17, 2004), No. 14 to the Plan for the Purpose of 69 FR 35397 (June 24, 2004); 49969 (July 2, 2004), Creating and Operating an Intermarket 69 FR 41863 (July 12, 2004); and 50561 (October 19, POSTAL SERVICE BOARD OF Option Linkage Relating to the 2004), 69 FR 62920 (October 28, 2004). GOVERNORS Limitation in Liability for Filling 4 A ‘‘Trade-Through’’ is defined as a transaction Satisfaction Orders Sent Through the in an options series at a price that is inferior to the Sunshine Act Meeting national best bid and offer. See Section 2(29) of the Linkage at the End of the Trading Day, Linkage Plan. TIMES AND DATES: 1 p.m., Wednesday, and Notice of Filing of Such 5 A proposed amendment may be put into effect February 16, 2005; and 8:30 a.m., Amendment summarily upon publication of notice of such Thursday, February 17, 2005. amendment, on a temporary basis not to exceed 120 January 31, 2005. days, if the Commission finds that such action is PLACE: Sarasota, Florida, at the Ritz- necessary or appropriate in the public interest, for Carlton Hotel, 1111 Ritz-Carlton Drive, I. Introduction the protection of investors or the maintenance of in the Plaza III and IV Ballroom. fair and orderly markets, to remove impediments to, On January 28, 2005, January 31, and perfect mechanisms of, a national market STATUS: February 16—1 p.m. (Closed); 2005, January 26, 2005, January 27, system or otherwise in furtherance of the purposes February 17—8:30 a.m. (Open); 2005, January 28, 2005, and January 28, of the Act. See 17 CFR 240.11Aa3–2(c)(4).
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II. Description of the Proposed Commission an opportunity to evaluate: relating to the effect of the operation of Amendment (1) The need for the limitation on the pilot program.13 In Joint Amendment No 14, the liability for Trade-Throughs near the Since this last extension of the pilot Participants propose to extend the pilot end of the trading day; (2) whether 10 program, the Participants have provided contained in Section 8(c)(ii)(B)(2)(b) of contracts per Satisfaction Order is the no additional data to the Commission to the Linkage Plan, which limits Trade- appropriate limitation; and (3) whether justify permanent approval of the Through liability at the end of the the opportunity to limit liability for limitation on liability. The Participants trading day for an additional year, until Trade-Throughs near the end of the have represented that they are currently January 31, 2006, and to increase the trading day leads to an increase in the considering amendments to the Linkage limitation on liability from 25 contracts number of Trade-Throughs. Plan that, if proposed and approved, In the order approving Joint could obviate the need for the limitation to 50 contracts, per Satisfaction Order.6 Amendment No. 4, the Commission on liability for Trade-Throughs at the The proposed increase in the limit on stated that in the event the Participants end of the trading day. Specifically, the liability would become effective on chose to seek permanent approval of amendments the Participants are February 1, 2005, when the current pilot this limitation, the Participants must considering are intended to minimize expires. Pursuant to the pilot as provide the Commission with a report the incidence of Trade-Throughs, and currently in effect, the Trade-Through regarding data on the use of the subsequently decrease the incidence of liability of a member of a Participant is exemption no later than 60 days before Satisfaction Orders. The Participants limited to 25 contracts per Satisfaction seeking permanent approval have represented that these Order for the period between five (‘‘Report’’).10 The Commission specified amendments could be in effect within a minutes prior to the close of trading in that the Report should include year, and at that time, Participants the underlying security and the close of information about the number and size would either allow the pilot program to trading in the options class. of Trade-Throughs that occur during the lapse, or, if they believed that a III. Discussion last seven minutes of the equity options continuation of the limitation was When the Participants proposed Joint trading day and during the remainder of appropriate, would discuss that matter Amendment No. 4 to the Linkage Plan,7 the trading day, the number and size of with the Commission staff. In this the Participants represented to the Satisfaction Orders that Participants regard, the Commission notes that the Commission that their members had might be required to fill without the Participants must submit sufficient expressed concerns regarding their limitation on liability and how those information to enable the Commission obligations to fill Satisfaction Orders amounts are affected by the limitation to evaluate whether permanent approval (which may be sent by a Participant’s on liability, and the extent to which the would be appropriate no later than 60 days prior to seeking permanent member that is traded through) at the Participants use the underlying market 11 approval before the Commission will close of trading in the underlying to hedge their options positions. In a consider permanent approval of the security. Specifically, the Participants subsequent amendment to the Linkage pilot program. represented that their members were Plan for the purpose of extending the pilot, Joint Amendment No. 8, the After careful consideration, the concerned that they may not have Commission finds that the proposed sufficient time to hedge the positions Participants represented that if they were to seek to make the limitation on amendment to the Linkage Plan seeking they acquire.8 The Participants stated Trade-Through liability permanent, they to extend the pilot provision limiting that they believed that their proposal to would submit the Report to the Trade-Through liability for the period limit liability at the end of the options Commission no later than March 31, between five minutes prior to the close trading day to the filling of 10 contracts 2004.12 of trading in the underlying security and per exchange, per transaction would Following another extension of the the close of trading in the options class protect small customer orders, but still pilot program, certain Participants for an additional year, and to increase establish a reasonable limit for their provided the Commission with portions the limitation on liability from 25 members’ liability. The Participants of the data required in the Report, but contracts to 50 contracts per Satisfaction further represented that the proposal were unable to provide sufficient Order, is consistent with the should not affect a member’s potential information to enable the Commission requirements of the Act and the rules liability under an exchange disciplinary 14 to evaluate whether permanent approval and regulations thereunder. rule for engaging in a pattern or practice would be appropriate. The Commission Specifically, the Commission finds that of trading through other markets under extended the pilot program until the proposed amendment to the Linkage Section 8(c)(i)(C) of the Linkage Plan. January 31, 2005, to allow the limitation Plan is consistent with Section 11A of The Commission approved the the Act 15 and Rule 11Aa3–2 proposed amendment for a one-year to continue in effect, with an increase in liability to 25 contracts, to enable the thereunder,16 in that it is appropriate in pilot 9 to give the Participants and the Participants to continue to gather and the public interest, for the protection of investors and the maintenance of fair 6 A ‘‘Satisfaction Order’’ is defined as an order the Commission to evaluate the data sent through the Linkage to notify a Participant of and orderly markets. Specifically, the a Trade-Through and to seek satisfaction of the (June 25, 2003) (Order approving Joint Amendment Commission believes that extending the liability arising from that Trade-Through. See No. 4). The Commission subsequently extended the pilot program and raising the limitation Section 2(16)(c) of the Linkage Plan. pilot program twice, until June 30, 2004 and on liability to 50 contracts per 7 See Securities Exchange Act Release Nos. 47028 January 31, 2005, respectively. See Securities Satisfaction Order will afford the (December 18, 2002), 67 FR 79171 (December 27, Exchange Act Release Nos. 49146 (January 29, 2002) (Notice of Proposed Joint Amendment No. 4). 2004), 69 FR 5618 (February 5, 2004) (Order Participants the opportunity to either 8 See letter from Michael Simon, Senior Vice approving Joint Amendment No. 8); and 49863 President and General Counsel, ISE, to Annette (June 15, 2004), 69 FR 35081 (June 23, 2004) (Order 13 See Order approving Joint Amendment No. 12, Nazareth, Director, Division of Market Regulation, approving Joint Amendment No. 12). supra note 9. Commission, dated November 19, 2002. 10 See Order approving Joint Amendment No. 4, 14 In approving this Joint Amendment No. 14, the 9 See Securities Exchange Act Release Nos. 47298 supra note 9. Commission has considered its impact on (January 31, 2003), 68 FR 6524 (February 7, 2003) 11 Id. efficiency, competition and capital formation. (Temporary effectiveness of pilot program on a 120- 12 See Order approving Joint Amendment No. 8, 15 15 U.S.C. 78k–1. day basis); and 48055 (June 18, 2003), 68 FR 37869 supra note 9. 16 17 CFR 240.11Aa3–2.
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gather sufficient information to justify with the Commission, and all written Items I and II below, which Items have the need for the pilot program or communications relating to proposed been prepared by the Amex. On January determine that the exemption from Joint Amendment No. 14 between the 28, 2005, the Amex filed Amendment Trade-Through liability is no longer Commission and any person, other than No. 1 to the proposed rule change.3 The necessary. The Commission believes those that may be withheld from the Exchange has filed the proposal as a that raising the limitation on liability to public in accordance with the ‘‘non-controversial’’ rule change 50 contracts per Satisfaction Order will provisions of 5 U.S.C. 552, will be pursuant to Section 19(b)(3)(A) of the increase the average size of Satisfaction available for inspection and copying in Act,4 and Rule 19b–4(f)(6) thereunder,5 Order fills during the end of the options the Commission’s Public Reference which renders the proposal effective trading day, thereby enhancing Room. Copies of such filings also will be upon filing with the Commission.6 The customer order protection. In addition, available for inspection and copying at Commission is publishing this notice to the Commission finds, as described the principal offices of the Amex, BSE, solicit comments on the proposed rule further below, that it is appropriate to CBOE, ISE, PCX and Phlx. All change, as amended, from interested put into effect summarily Joint comments received will be posted persons. Amendment No. 14 upon publication of without change; the Commission does this notice, on a temporary basis for 120 not edit personal identifying I. Self-Regulatory Organization’s days. The Commission believes that information from submissions. You Statement of the Terms of Substance of such action is appropriate in the public should submit only information that the Proposed Rule Change interest, for the protection of investors you wish to make publicly available. All and the maintenance of fair and orderly submissions should refer to File The Exchange proposes to extend markets because it will allow the pilot Number 4–429 and should be submitted through January 31, 2006 the current to continue without interruption during on or before February 28, 2005. pilot program that limits an exchange 17 member’s trade-through liability to the comment period. Therefore, the V. Conclusion Commission is extending the twenty-five (25) contracts per effectiveness of Section 8(c)(ii)(B)(2)(b) It is therefore ordered, pursuant to Satisfaction Order 7 for the period of the Linkage Plan on a temporary basis Section 11A of the Act 18 and Rule between five minutes prior to the close for 120 days, with the increase in the 11Aa3–2(c)(4) thereunder,19 that Joint of trading in the underlying security and limitation in liability to 50 contracts per Amendment No. 14 is summarily put the close of trading in the options class Satisfaction Order, for an additional into effect until May 31, 2005. (the ‘‘Pilot Program’’). In connection year, until January 31, 2006. For the Commission, by the Division of with the extension of the Pilot Program, Market Regulation, pursuant to delegated the Exchange also proposes to increase IV. Solicitation of Comments authority.20 the limit on trade-through liability at the Interested persons are invited to Margaret H. McFarland, end of the day from twenty-five (25) to submit written data, views, and Deputy Secretary. fifty (50) contracts. arguments concerning the foregoing, [FR Doc. E5–477 Filed 2–4–05; 8:45 am] The text of the proposed rule change including whether proposed Joint BILLING CODE 8010–01–P is available on the Amex’s Web site at Amendment No. 14 is consistent with http://www.amex.com, at the the Act. Comments may be submitted by Exchange’s Office of the Secretary, and any of the following methods: SECURITIES AND EXCHANGE at the Commission’s Public Reference Electronic Comments COMMISSION Room. • Use the Commission’s Internet [Release No. 34–51109; File No. SR–Amex– 2005–012] II. Self-Regulatory Organization’s comment form (http://www.sec.gov/ Statement of the Purpose of, and rules/sro.shtml); or Self-Regulatory Organizations; Statutory Basis for, the Proposed Rule • Send an e-mail to rule- American Stock Exchange LLC; Notice Change [email protected]. Please include File of Filing and Immediate Effectiveness Number 4–429 on the subject line. of Proposed Rule Change and In its filing with the Commission, Paper Comments Amendment No. 1 Thereto Relating to Amex included statements concerning the purpose of and basis for the • Send paper comments in triplicate a Revision and Extension of the Limitation on Trade Through Liability proposed rule change and discussed any to Jonathan G. Katz, Secretary, comments it received on the proposed Securities and Exchange Commission, at the End of the Trading Day Pilot rule change. The text of these statements 450 Fifth Street, NW., Washington, DC Program may be examined at the places specified 20549–0609. January 31, 2005. All submissions should refer to File in Item IV below. The Exchange has Pursuant to Section 19(b)(1) of the prepared summaries, set forth in Number 4–429. This file number should Securities Exchange Act of 1934 be included on the subject line if e-mail Sections A, B, and C below, of the most (‘‘Act’’),1 and Rule 19b–4 thereunder,2 significant aspects of such statements. is used. To help the Commission notice is hereby given that on January process and review your comments 26, 2005, the American Stock Exchange 3 In Amendment No. 1 the Exchange made certain more efficiently, please use only one LLC (‘‘Amex’’ or ‘‘Exchange’’) filed with method. The Commission will post all technical corrections to Exhibit 5 to the filing. the Securities and Exchange 4 15 U.S.C. 78s(b)(3)(A). comments on the Commission’s Internet Commission (‘‘Commission’’) the 5 17 CFR 240.19b–4(f)(6). Web site (http://www.sec.gov/rules/ proposed rule change as described in 6 The Annex asked the Commission to waive the sro.shtml). Copies of the submission, all 30-day operative delay. See Rule 19b–4(f)(6)(iii). 17 CFR 240.19b–4(f)(6)(iii). subsequent amendments, all written 18 15 U.S.C. 78k–1. 7 A ‘‘Satisfaction Order’’ is an order sent through statements with respect to proposed 19 See supra note 17. the Linkage to notify a Participant Exchange of a Joint Amendment No. 14 that are filed 20 17 CFR 200.30–3(a)(29). Trade-Through and to seek satisfaction of the 1 15 U.S.C. 78s(b)(1). liability arising from that Trade-Through. See 17 17 CFR 240.11Aa3–2(c)(4). 2 17 CFR 240.19b–4. Section 2(16)(c) of the Linkage Plan.
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A. Self-Regulatory Organization’s of the trading day. The Exchange public interest, the proposed rule Statement of the Purpose of, and anticipates that the amendments will be change has become effective pursuant to Statutory Basis for, the Proposed Rule filed with the Commission in the near Section 19(b)(3)(A) of the Act 14 and Change future. In the interim, the Amex believes Rule 19b–4(f)(6) thereunder.15 that an extension of the Pilot Program is 1. Purpose A proposed rule change filed under necessary until the new amendments Rule 19b-4(f)(6) 16 normally does not The purpose of this proposed rule have been filed, approved and become operative prior to 30 days after change is to extend the Pilot Program implemented. This extension will allow that limits trade-through liability at the the limitation to continue in effect, as the date of filing. However, Rule 19b- end of the options trading day. Under amended, while the Commission staff 4(f)(6)(iii) permits the Commission to the current Pilot Program, an Exchange and the Participants work on designate a shorter time if such action member’s trade-through liability is amendments to the Linkage Plan that is consistent with the protection of limited to twenty-five (25) contracts per would make this limitation of liability investors and the public interest. The Satisfaction Order received during the unnecessary. Exchange has requested that the period between five (5) minutes prior to Commission waive the five-day pre- the close of trading in the underlying 2. Statutory Basis filing requirement and the 30-day security and the close of trading in the The Exchange believes that the operative delay, as specified in Rule options class. The Commission proposed rule change is consistent with 19b-4(f)(6)(iii), and designate the approved the Pilot Program on January Section 6(b) of the Act,12 in general, and proposed rule change immediately 8 31, 2003. The Commission has granted furthers the objectives of Section operative. two (2) extensions of the Pilot Program, 6(b)(5),13 in particular, in that it is The Commission believes that most recently through January 31, designed to prevent fraudulent and 9 waiving the five-day pre-filing provision 2005. manipulative acts and practices, The proposed rule change, amending promote just and equitable principles of and the 30-day operative delay is Amex Rule 942(a)(2)(ii)(B), will trade, remove impediments to and consistent with the protection of 17 implement the substance of proposed perfect the mechanism of a free and investors and the public interest. By Joint Amendment No. 14 to the Plan for open market and a national market waiving the pre-filing requirement and the Purpose of Creating and Operating system, and, in general, protect accelerating the operative date, the Pilot an Intermarket Option Linkage (the investors and the public interest. The Program can continue without 10 ‘‘Linkage Plan’’). Joint Amendment Exchange believes that the proposed interruption. The Commission believes No. 14 will amend Section rule change will enhance the national that allowing the pilot to continue will 8(c)(ii)(B)(2)(b) of the Linkage Plan on a market system for options by extending allow Participants to either gather temporary basis so that the Linkage Pilot and revising the Pilot Program, which sufficient information to justify the need Program extends through January 31, limits the Exchange member’s trade- for the pilot program or determine that 2006. In addition, Joint Amendment No. through liability at the end of the the exemption from trade-through 14 also increases the limit on trade- trading day. liability is no longer necessary. through liability at the end of the day Increasing the maximum number of B. Self-Regulatory Organization’s from 25 contracts to 50 contracts. contracts to be satisfied with respect to Statement on Burden on Competition Accordingly, this proposed rule change Satisfaction Orders in the last seven will implement the changes proposed in The Exchange does not believe that minutes of trading in options to 50 Joint Amendment No. 14. the proposed rule change, as amended, The option exchanges that are contracts will enhance customer order will impose any burden on competition protection. participants in the Linkage Plan not necessary or appropriate in (‘‘Participants’’) are currently furtherance of the purposes of the Act. At any time within 60 days of the considering amendments to the Linkage filing of such proposed rule change, the Plan that may make the need for this C. Self-Regulatory Organization’s Commission may summarily abrogate limitation of liability unnecessary. In Statement on Comments on the such rule change if it appears to the particular, the amendments would Proposed Rule Change Received from Commission that such action is increase the ability for members of the Members, Participants or Others necessary or appropriate in the public Participants to receive automatic The Exchange has neither solicited interest, for the protection of investors, execution of P/A Orders 11 and would nor received comments on the proposed or otherwise in furtherance of the provide tools to avoid trade-through rule change. purposes of the Act. liability generally, including at the end III. Date of Effectiveness of the IV. Solicitation of Comments 8 See Securities Exchange Act Release No. 47297 Proposed Rule Change and Timing for (January 31, 2003), 68 FR 6526 (February 7, 2003) Commission Action Interested persons are invited to (SR–Amex–2002–84). submit written data, views, and Because the foregoing rule change: (1) 9 See Securities Exchange Act Release No. 49868 arguments concerning the foregoing, Does not significantly affect the (June 15, 2004), 69 FR 35401 (June 24, 2004) (SR– including whether the proposed rule Amex–2004–36). protection of investors or the public change is consistent with the Act. 10 See Amendment No. 14 to the Linkage Plan interest; (2) does not impose any filed by the Exchange on January 28, 2005 in a letter significant burden on competition; and Comments may be submitted by any of from Jeffrey P. Burns, Associate General Counsel, the following methods: Amex, to Jonathan G, Katz, Secretary, Commission, (3) does not become operative for 30 dated January 27, 2005. days from the date on which it was 14 11 A Principal Acting as Agent (‘‘P/A’’) Order is filed, or such shorter time as the 15 U.S.C. 78s(b)(3)(A) an order for the principal account of a Market Commission may designate if consistent 15 15 17 CFR 240.19b–4(f)(6). 16 Maker that is authorized to represent Customer with the protection of investors and the 17 CFR 240.19b–4(f)(6). orders, reflecting the terms of a related unexecuted 17 For purposes of accelerating the operative date Customer order for which the Market Maker is of this proposal, the Commission has considered acting as agent. See Section 2(16)(a) of the Linkage 12 15 U.S.C. 78f(b). the proposed rule’s impact on efficiency, Plan. 13 15 U.S.C. 78f(b)(5). competition, and capital formation. 15 U.S.C. 78c(f).
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Electronic Comments SECURITIES AND EXCHANGE purpose of and basis for the proposed rule change and discussed any • COMMISSION Use the Commission’s Internet comments it received on the proposed comment form (http://www.sec.gov/ [Release No. 34–51110; File No. SR–BSE– 2005–08] rule change. The text of these statements rules/sro.shtml); or may be examined at the places specified • Send an e-mail to rule- Self-Regulatory Organizations; Boston in Item IV below. The Exchange has [email protected]. Please include File Stock Exchange, Inc.; Notice of Filing prepared summaries, set forth in Number SR–Amex–2005–012 on the and Immediate Effectiveness of Sections A, B, and C below, of the most subject line. Proposed Rule Change and significant aspects of such statements. Amendment No. 1 Thereto Relating to Paper Comments A. Self-Regulatory Organization’s Limitations on End-of-Day Trade- Statement of the Purpose of, and • Send paper comments in triplicate Through Liability on the Boston Statutory Basis for, the Proposed Rule to Jonathan G. Katz, Secretary, Options Exchange Change Securities and Exchange Commission, January 31, 2005. 1. Purpose 450 Fifth Street, NW., Washington, DC Pursuant to Section 19(b)(1) of the 20549–0609. All submissions should Securities Exchange Act of 1934 The purpose of the filing is to refer to File Number SR-Amex-2005– (‘‘Act’’),1 and Rule 19b–4 thereunder,2 conform Boston Options Exchange 012 . This file number should be notice is hereby given that on January (‘‘BOX’’) rules to Joint Amendment No. included on the subject line if e-mail is 28, 2005, the Boston Stock Exchange, 14 to the Plan for the Purpose of used. To help the Commission process Inc. (‘‘BSE’’ or ‘‘Exchange’’) filed with Creating and Operating an Intermarket and review your comments more the Securities and Exchange Option Linkage (‘‘Linkage Plan’’) to efficiently, please use only one method. Commission (‘‘Commission’’) the extend the linkage pilot program The Commission will post all comments proposed rule change as described in limiting trade-through liability at the on the Commission’s Internet Web site Items I and II below, which Items have end of the options trading day. Pursuant to the pilot as currently in effect, a BOX (http://www.sec.gov/rules/sro.shtml). been prepared by the BSE. On January Options Participant’s 7 trade-through Copies of the submission, all subsequent 31, 2005, the Exchange filed liability is limited to 25 contracts per amendments, all written statements Amendment No. 1 to the proposed rule Satisfaction Order 8 for the period with respect to the proposed rule change.3 The Exchange has filed the proposal as a ‘‘non-controversial’’ rule between five minutes prior to the close change that are filed with the of trading in the underlying security and Commission, and all written change pursuant to Section 19(b)(3)(A) 4 the close of trading in the options class. communications relating to the of the Act, and Rule 19b–4(f)(6) thereunder,5 which renders the proposal The Linkage Plan participants proposed proposed rule change between the this limitation on liability as a one-year Commission and any person, other than effective upon filing with the Commission.6 The Commission is pilot in Joint Amendment No. 4 to the those that may be withheld from the publishing this notice to solicit Linkage Plan. The Commission public in accordance with the comments on the proposed rule change, temporarily approved the pilot on 9 provisions of 5 U.S.C. 552, will be as amended, from interested persons. January 31, 2003, followed by approval available for inspection and copying in on June 18, 2003.10 The Commission the Commission’s Public Reference I. Self-Regulatory Organization’s then granted two extensions of the pilot, Room. Copies of the filing also will be Statement of the Terms of Substance of first until June 30, 2004 11 and then until available for inspection and copying at the Proposed Rule Change January 31, 2005.12 the principal offices of the Amex. All The Exchange proposes to extend a The Exchange is proposing to extend comments received will be posted pilot program relating to certain the pilot in BOX’s Rules for an without change; the Commission does limitations on trade-through liability. additional year, until January 31, 2006. not edit personal identifying The text of the proposed rule change is In addition, the Exchange proposes to information from submissions. You available on the Exchange’s Web site increase the limit on trade-through should submit only information that (http://www.bostonstock.com), at the liability at the end of the day from 25 you wish to make available publicly. All Exchange’s Office of the Secretary, and contracts to 50 contracts per Satisfaction submissions should refer to File at the Commission’s Public Reference Order. This increase in the limit on Number SR–Amex–2005–012 and Room. liability would be effective on February 1, 2005, when the current pilot expires. should be submitted on or before II. Self-Regulatory Organization’s February 28, 2005. The period during which this limit will Statement of the Purpose of, and apply will remain the same, from five For the Commission, by the Division of Statutory Basis for, the Proposed Rule minutes prior to the close of trading in Market Regulation, pursuant to delegated Change the underlying security until the close 18 authority. In its filing with the Commission, the of trading in the options class. Margaret H. McFarland, BSE included statements concerning the Deputy Secretary. 7 See Section 1(40) of Chapter I of the BOX Rules. [FR Doc. E5–468 Filed 2–4–05; 8:45 am] 1 15 U.S.C. 78s(b)(1). 8 See Section 2(16)(c) of the Linkage Plan. 2 17 CFR 240.19b–4. 9 See Securities Exchange Act Release No. 47298 BILLING CODE 8010–01–P 3 See Partial Amendment dated January 31, 2005 (January 31, 2003), 68 FR 6524 (February 7, 2003). (‘‘Amendment No. 1’’). In Amendment No. 1, the 10 See Securities Exchange Act Release No. 48055 Exchange corrected an error in Item 8 of Form 19b– (June 18, 2003), 68 FR 37869 (June 25, 2003), 4. 11 See Securities Exchange Act Release No. 49146 4 15 U.S.C. 78s(b)(3)(A). (January 29, 2004), 69 FR 5618 (February 5, 2004). 5 17 CFR 240.19b–4(f)(6). 12 See Securities Exchange Act Release No. 49863 6 The BSE asked the Commission to waive the 30- (June 15, 2004), 69 FR 35081 (June 23, 2004). This day operative delay. See Rule 19b–4(f)(6)(iii). 17 extension increased the maximum liability from 10 18 17 CFR 200.30–3(a)(12). CFR 240.19b–4(f)(6)(iii). to 25 contracts.
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2. Statutory Basis consistent with the protection of post all comments on the Commission’s 18 The Exchange believes that the investors and the public interest. By Internet Web site (http://www.sec.gov/ proposal is consistent with the waiving the pre-filing requirement and rules/sro.shtml). Copies of the requirements of Section 6(b) of the accelerating the operative date, the Pilot submission, all subsequent Act,13 in general, and Section 6(b)(5) of Program can continue without amendments, all written statements the Act,14 in particular, in that it is interruption. The Commission believes with respect to the proposed rule designed to promote just and equitable that allowing the pilot to continue will change that are filed with the principles of trade, to prevent allow Participants to either gather Commission, and all written fraudulent and manipulative acts and, sufficient information to justify the need communications relating to the in general, to protect investors and the for the pilot program or determine that proposed rule change between the public interest. the exemption from trade-through Commission and any person, other than liability is no longer necessary. those that may be withheld from the B. Self-Regulatory Organization’s Increasing the maximum number of public in accordance with the Statement on Burden on Competition contracts to be satisfied with respect to provisions of 5 U.S.C. 552, will be The Exchange does not believe that Satisfaction Orders in the last seven available for inspection and copying in the proposed rule change will impose minutes of trading in options to 50 the Commission’s Public Reference any burden on competition not contracts will enhance customer order Room. Copies of the filing also will be necessary or appropriate in furtherance protection. available for inspection and copying at of the purposes of the Act. At any time within 60 days of the the principal office of the BSE. All filing of such proposed rule change, the comments received will be posted C. Self-Regulatory Organization’s Commission may summarily abrogate without change; the Commission does Statement on Comments on the such rule change if it appears to the not edit personal identifying Proposed Rule Change Received From Commission that such action is information from submissions. You Members, Participants or Others necessary or appropriate in the public should submit only information that The Exchange has neither solicited interest, for the protection of investors, you wish to make available publicly. All nor received comments on the proposed or otherwise in furtherance of the submissions should refer to File SR– rule change. purposes of the Act.19 BSE–2005–08 and should be submitted on or before February 28, 2005. III. Date of Effectiveness of the IV. Solicitation of Comments Proposed Rule Change and Timing for For the Commission, by the Division of Interested persons are invited to Market Regulation, pursuant to delegated Commission Action submit written data, views, and authority.20 Because the foregoing rule change: (1) arguments concerning the foregoing, Jill M. Peterson, Does not significantly affect the including whether the proposed rule Assistant Secretary. protection of investors or the public change is consistent with the Act. [FR Doc. E5–475 Filed 2–4–05; 8:45 am] interest; (2) does not impose any Comments may be submitted by any of BILLING CODE 8010–01–P significant burden on competition; and the following methods: (3) does not become operative for 30 Electronic Comments days from the date on which it was • SECURITIES AND EXCHANGE filed, or such shorter time as the Use the Commission’s Internet COMMISSION Commission may designate if consistent comment form (http://www.sec.gov/ rules/sro.shtml); or [Release No. 34–51121; File No. SR-ISE– with the protection of investors and the • 2005–01] public interest, the proposed rule Send an e-mail to rule- [email protected]. Please include File change has become effective pursuant to Self-Regulatory Organizations; Notice Number SR–BSE–2005–08 on the Section 19(b)(3)(A) of the Act 15 and of Filing and Order Granting subject line. Rule 19b–4(f)(6) thereunder.16 Accelerated Approval of Proposed A proposed rule change filed under Paper Comments Rule Change and Amendment Nos. 1 Rule 19b–4(f)(6) 17 normally does not • Send paper comments in triplicate and 2 Thereto by the International become operative prior to 30 days after to Jonathan G. Katz, Secretary, Securities Exchange, Inc. to Trade the date of filing. However, Rule 19b– Securities and Exchange Commission, Options, Including LEAPS, on Full and 4(f)(6)(iii) permits the Commission to 450 Fifth Street, NW., Washington, DC Reduced Values of the Nasdaq 100 designate a shorter time if such action 20549–0609. Index is consistent with the protection of All submissions should refer to File investors and the public interest. The February 1, 2005. Number SR–BSE–2005–08. This file Pursuant to Section 19(b)(1) of the Exchange has requested that the number should be included on the Commission waive the five-day pre- Securities Exchange Act of 1934 subject line if e-mail is used. To help the (‘‘Act’’),1 and Rule 19b–4 thereunder,2 filing requirement and the 30-day Commission process and review your operative delay, as specified in Rule notice is hereby given that on January 4, comments more efficiently, please use 2005, the International Securities 19b–4(f)(6)(iii), and designate the only one method. The Commission will proposed rule change immediately Exchange, Inc. (‘‘ISE’’ or ‘‘Exchange’’) operative. filed with the Securities and Exchange 18 For purposes of accelerating the operative date Commission (‘‘SEC’’ or ‘‘Commission’’) The Commission believes that of this proposal, the Commission has considered waiving the five-day pre-filing provision the proposed rule’s impact on efficiency, the proposed rule change as described and the 30-day operative delay is competition, and capital formation. 15 U.S.C. 78c(f). in Items I and II below, which Items 19 For purposes of calculating the 60-day period have been prepared by the Exchange. within which the Commission may summarily 13 15 U.S.C. 78f(b). On January 18, 2005, the Exchange filed abrogate the proposed rule change under Section 14 15 U.S.C. 78f(b)(5). 19(b)(3)(C) of the Act, the Commission considers 15 15 U.S.C. 78s(b)(3)(A). the period to commence on January 31, 2005, the 20 17 CFR 200.30–3(a)(12). 16 17 CFR 240.19b–4(f)(6). date the Exchange filed Amendment No. 1 to the 1 15 U.S.C. 78s(b)(1). 17 Id. proposed rule change. See 15 U.S.C. 78s(c)(3)(C). 2 17 CFR 240.19b–4.
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Amendment No. 1 to the proposed rule based upon the full value of the Nasdaq Nasdaq has certain eligibility change.3 On January 19, 2005, the 100 Index (‘‘Full-size Nasdaq 100 requirements for inclusion in the Exchange filed Amendment No. 2 to the Index’’ or ‘‘NDX’’) as well as one-tenth Index.8 For example, to be eligible for proposed rule change.4 The Commission of the value of the Nasdaq 100 Index inclusion in the Index, a component is publishing this notice to solicit (‘‘Mini Nasdaq 100 Index’’ or ‘‘MNX’’).6 security must be exclusively listed on comments on the proposed rule change, The Exchange also proposes to list long- the Nasdaq National Market, or dually as amended, from interested persons term options based upon the full value listed on a national securities exchange and to approve the proposal, as of the Nasdaq 100 Index (‘‘NDX prior to January 1, 2004.9 Only one class amended, on an accelerated basis. LEAPS’’) and one-tenth of the value of of security per issuer is considered for the Nasdaq 100 Index (‘‘MNX LEAPS’’).7 inclusion in the Index. I. Self-Regulatory Organization’s Additionally, the issuer of a Statement of the Terms of Substance of Index Design and Composition component security cannot be a the Proposed Rule Change The Nasdaq 100 Index, launched in financial or investment company and The ISE is proposing to amend its January 1985, represents the largest non- cannot currently be involved in rules to trade options on the full and financial domestic and international bankruptcy proceedings. Criteria for reduced values of the Nasdaq 100 Index issues listed on Nasdaq based on market inclusion also require the average daily (‘‘Index’’). The Exchange also proposes capitalization. The Index reflects trading volume of a component security to list and trade long-term options on companies across major industry to be at least 200,000 shares on Nasdaq. full and reduced values of the Index. groups, including computer hardware If a component security is of a foreign Options on the Index would be cash- and software, telecommunications, issuer, based on its country of settled and have European-style exercise retail/wholesale trade, and incorporation, it must have listed provisions. The text of the proposed biotechnology. options or be eligible for listed-options rule change is available on the ISE’s trading. In addition, the issuer of a website (http://www.iseoptions.com), at The Index is calculated using a component security must not have the ISE’s principal office, and at the modified capitalization-weighted entered into any definitive agreement or Commission’s Public Reference Room. methodology. The value of the Index other arrangement which would result equals the aggregate value of the Index in the security no longer being eligible II. Self-Regulatory Organization’s share weights, also known as the Statement of the Purpose of, and for inclusion in the Index within the Depository Receipt Multiplier, of each next six months. An issuer of a Statutory Basis for, the Proposed Rule of the component securities multiplied Change component security also must not have by each security’s respective last sale annual financial statements with an In its filing with the Commission, the price on Nasdaq or the Nasdaq Official audit opinion where the auditor or the Exchange included statements Closing Price (‘‘NOCP’’), divided by issuer has indicated that the audit concerning the purpose of, and basis for, Adjusted Base Period Market Value opinion cannot be currently relied the proposed rule change and discussed (‘‘ABPMV’’), and multiplied by the base upon. any comments it received on the value. The ABPMV serves the purpose As of September 21, 2004, the proposed rule change. The text of these of scaling such aggregate value following were characteristics of the statements may be examined at the (otherwise in the trillions) to a lower Index: places specified in Item III below. The order of magnitude which is more Æ The total capitalization of all Exchange has prepared summaries, set desirable for Index reporting purposes. components of the Index was $1.693 forth in Sections A, B, and C below, of If trading in an Index security is halted trillion; the most significant aspects of such while the market is open, the last Æ Regarding component statements. Nasdaq traded price for that security is capitalization, (a) the highest used for all index computations until capitalization of a component was A. Self-Regulatory Organization’s trading resumes. If trading is halted Statement of the Purpose of, and $296.39 billion (Microsoft Corp.), (b) the before the market is open, the previous lowest capitalization of a component Statutory Basis for, the Proposed Rule day’s NOCP is used. Additionally, the Change was $1.48 billion (First Health Group Index is calculated without regard to Corp.), (c) the mean capitalization of the 1. Purpose any dividends on component securities. components was $16.93 billion, and (d) The methodology is expected to retain, The Exchange proposes to amend its the median capitalization of the in general, the economic attributes of rules to provide for the listing and components was $6.34 billion; capitalization weighting, while trading on the Exchange of cash-settled, Æ Regarding component price per providing enhanced diversification. To European-style, index options on the share, (a) the highest price per share of accomplish this, Nasdaq reviews the full and reduced values of the Nasdaq a component was $90.65 (eBay, Inc.), (b) composition of the Index on a quarterly 100 Index, a stock index calculated and the lowest price per share of a basis and adjusts the weighting of Index maintained by The Nasdaq Stock component was $2.68 (Level 3 components using a proprietary Market, Inc. (‘‘Nasdaq’’).5 Specifically, Communications, Inc.), (c) the mean algorithm, if certain pre-established the Exchange proposes to list options price per share of the components was weight distribution requirements are not met. 3 Amendment No. 1 was a partial amendment that 8 The initial eligibility criteria and continued modified the proposed index hedge exemption for eligibility criteria are available on Nasdaq’s Web options on the Nasdaq 100 Index. A conforming 6 Options on NDX and MNX are currently listed site at http://dynamic.nasdaq.com/dynamic/ change was proposed to the contract specifications for trading on the Chicago Board Options Exchange nasdaq100_activity.stm. in the filing. (‘‘CBOE’’). Options on NDX and MNX listed on the 9 In the case of spin-offs, the operating history of 4 Amendment No. 2 replaced Amendment No. 1 Exchange would be identical to the NDX and MNX the spin-off would be considered. Additionally, if in its entirety. In Amendment No. 2, the ISE again options listed on CBOE. a component security would otherwise qualify to be revised the proposed hedge exemption. 7 Under ISE Rule 2009(b), ‘‘Long-Term Index in the top 25% of securities included in the Index 5 A description of the Index is available on Options Series,’’ the Exchange may list long-term by market capitalization for the six prior Nasdaq’s Web site at http://dynamic.nasdaq.com/ options that expire from 12 to 60 months from the consecutive months, it would be eligible if it had dynamic/nasdaq100_activity.stm. date of issuance. been listed for one year.
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$35.00, and (d) the median price per business than if the options were based Day’’).12 The Settlement Day is normally share of the components was $29.95; only on the full value of the Index. The the Friday preceding ‘‘Expiration Æ Regarding component weightings, Exchange further believes that listing Saturday.’’ 13 If a component security in (a) the highest weighting of a options on reduced values would the Index does not trade on Settlement component was 8.73% (Microsoft provide an opportunity for investors to Day, the closing price from the previous Corp.), (b) the lowest weighting of a hedge, or speculate on, the market risk trading day would be used to calculate component was 0.10% (Compuware associated with the stocks comprising both the Full-size Settlement Value and Corp.), (c) the mean weighting of the the Index. Additionally, by reducing the Mini Settlement Value.14 Accordingly, components was 1.00%, (d) the median values of the Index, investors would be trading in options on the Index will weighting of the components was able to use this trading vehicle while normally cease on the Thursday 0.52%, and (e) the total weighting of the extending a smaller outlay of capital. preceding an Expiration Saturday. top five highest weighted components Nasdaq monitors and maintains the The Exchange believes that this should was 27.30% (Microsoft Corp., Index. Nasdaq is responsible for making Qualcomm, Inc., Cisco Systems, Inc., attract additional investors and, in turn, all necessary adjustments to the Index to Intel Corp., and eBay, Inc.); create a more active and liquid trading reflect component deletions; share 10 Æ Regarding component available environment. changes; stock splits; stock dividends; shares, (a) the most available shares of The Full-size Nasdaq 100 Index and stock price adjustments due to a component was 10.86 billion shares the Mini Nasdaq 100 Index levels are restructuring, mergers, or spin-offs (Microsoft Corp.), (b) the least available calculated continuously, using the last involving the underlying components; shares of a component was 43.74 sale price for each component stock in and other corporate actions. Some million shares (Henry Schein, Inc.), (c) the Index, and are disseminated every corporate actions, such as stock splits the mean available shares of the 15 seconds throughout the trading and stock dividends, require simple components was 675.31 million shares, day.11 The Full-size Nasdaq-100 Index changes to the available shares and (d) the median available shares of level equals the current market value of outstanding and the stock prices of the the components was 250.05 million component stocks multiplied by 125 underlying components. shares; and then divided by the stocks’ market The component securities are Æ Regarding the six-month average value of the adjusted base period. The evaluated on an annual basis, except daily volumes of the components, (a) under extraordinary circumstances adjusted base period market value is the highest six-month average daily which may result in an interim determined by multiplying the current volume of a component was 64.62 evaluation, as follows: Securities listed million shares (Microsoft Corp.), (b) the market value after adjustments times the on Nasdaq that meet its eligibility lowest six-month average daily volume previous base period market value and criteria are ranked by market value of a component was 348,583 shares then dividing that result by the current using closing prices as of the end of (Ryanair Holdings PLC), (c) the mean market value before adjustments. To October and publicly available total six-month average daily volume of the calculate the value of the Mini Nasdaq shares outstanding as of the end of components was 7.14 million shares, (d) 100 Index, the full value of the Index is November. Eligible component the median six-month average daily divided by ten. To maintain continuity securities which are already in the volume of the components was 3.05 for the Index’s value, the divisor is Index and ranked in the top 100 (based million shares, (e) the average of six- adjusted periodically to reflect events on market value) are retained in the month average daily volumes of the five such as changes in the number of Index. Component securities that are most heavily traded components was common shares outstanding for ranked from 101 to 150 are also retained 260.46 million shares (Microsoft Corp., component stocks, company additions provided that each such component Intel Corp., Cisco Systems, Inc., Oracle or deletions, corporate restructurings, or security was ranked in the top 100 Corp., and Sun Microsystems, Inc.), and other capitalization changes. during the previous ranking review. (f) 100% of the components had a six- The settlement values for purposes of Components that do not meet these month average daily volume of at least settling both Full-size Nasdaq 100 Index criteria are replaced. The replacement 50,000; and (‘‘Full-size Settlement Value’’) and Mini securities chosen are those Index- Æ Regarding option eligibility, (a) Nasdaq 100 Index (‘‘Mini Settlement eligible securities that have the largest 99.3% of the components were options Value’’) are calculated based on a market capitalization and are not eligible, as measured by weighting, and volume-weighted average of prices currently in the Index. (b) 96.0% of the components were The list of annual additions and reported in the first five minutes of options eligible, as measured by deletions to the Index is publicly trading for each of the component number. announced in early December. Changes securities on the last business day to the Index are made effective after the Index Calculation and Index before the expiration date (‘‘Settlement Maintenance close of trading on the third Friday in December. If at any time during the year In recent years, the value of the Full- 10 The Exchange believes that options trading on a component security no longer trades size Nasdaq 100 Index has increased MNX have generated considerable interest from investors, as measured by its robust trading volume on Nasdaq, or is otherwise determined significantly, such that the value of the on CBOE. by Nasdaq to become ineligible for Index stood at 804.64, as of October 7, 11 Full-size Nasdaq 100 Index and Mini Nasdaq inclusion in the Index, that component 2002. As a result, the premium for the 100 Index levels are disseminated through the security would be replaced with the Full-size Nasdaq 100 Index options also Nasdaq Index Dissemination Services (‘‘NIDS’’) during normal Nasdaq trading hours (9:30 a.m. to has increased. The Exchange believes 4 p.m. ET). The Index is calculated using Nasdaq 12 The aggregate exercise value of the option that this has caused Full-size Nasdaq prices (not consolidated) during the day and the contract is calculated by multiplying the Index 100 Index options to trade at a level that NOCP for the close. The closing value of the Index value by the Index multiplier, which is 100. may be uncomfortably high for retail may change until 5:15 p.m. ET due to corrections 13 For any given expiration month, options on the to the NOCP of the component securities. In Nasdaq 100 Index will expire on the third Saturday investors. The Exchange believes that addition, the Index is published daily on Nasdaq’s of the month. listing options on reduced values would Web site and through major quotation vendors such 14 Full-size Settlement Values and Mini attract a greater source of customer as Reuters and Thomson’s ILX. Settlement Values are disseminated by CBOE.
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largest market capitalization component margin requirements and trading halt The Exchange proposes to list options not currently in the Index that met the procedures for index options. on both the Full-size Nasdaq 100 Index eligibility criteria described earlier. For NDX, the Exchange proposes to and the Mini Nasdaq 100 Index in the Although the Exchange is not establish aggregate position limits at three consecutive near-term expiration involved in the maintenance of the 75,000 contracts on the same side of the months plus up to three successive Index, the Exchange represents that it market. The Full-size Nasdaq Index expiration months in the March cycle. will monitor the Index on a quarterly contracts would be aggregated with For example, consecutive expirations of basis and file a proposed rule change Mini Nasdaq 100 Index contracts, where January, February, March, plus June, with the Commission pursuant to Rule ten Mini Nasdaq 100 Index contracts September, and December expirations 19b–4 if: (i) The number of securities in equal one Full-size Nasdaq 100 Index would be listed.18 In addition, longer- the Index drops by one-third or more; contract.16 The Exchange also is term option series having up to 60 (ii) 10% or more of the weight of the proposing to amend its Rule 2006(a)(5) months to expiration may be traded.19 Index is represented by component to conform it to CBOE Rule 24.4(e) with The trading of any long-term Nasdaq securities having a market value of less regard to hedge exemptions for options 100 Index options would be subject to than $75 million; (iii) less than 80% of on NDX and MNX. Specifically, the the same rules that govern the trading of the weight of the Index is represented Exchange seeks to add a table in its Rule all the Exchange’s index options, by component securities that are eligible 2006(a)(5), similar to the one provided including sales practice rules, margin for options trading pursuant to ISE Rule by CBOE Rule 24.4(e), that enumerates requirements, and trading rules. 502; (iv) 10% or more of the weight of the hedge exemption available for NDX Surveillance and Capacity the Index is represented by component and MNX and other broad-based The Exchange represents that it has an securities trading less than 20,000 indexes. A hedge exemption of 150,000 adequate surveillance program in place shares per day; or (v) the largest contracts and 1,500,000 contracts is for options traded on the Index and component security accounts for more available for NDX and MNX, intends to apply those same program than 25% of the weight of the Index or respectively. The Exchange plans to procedures that it applies to the the largest five components in the retain its standard limit of 75,000 Exchange’s other index options. aggregate account for more than 50% of contracts for other broad-based Additionally, the Exchange is a member the weight of the Index. indexes.17 of the Intermarket Surveillance Group The Exchange will further notify the The Exchange proposes to apply (‘‘ISG’’) under the Intermarket Commission’s Division of Market broad-based index margin requirements Surveillance Group Agreement, dated Regulation if Nasdaq determines to for the purchase and sale of options on June 20, 1994. The members of the ISG cease maintaining and calculating the the Index. Accordingly, purchases of include all of the U.S. registered stock Index, or if the Index values are not put or call options with nine months or and options markets: The American disseminated every 15 seconds by a Stock Exchange, the Boston Stock less until expiration must be paid for in widely available source. The ISE has Exchange, CBOE, the Chicago Stock full. Writers of uncovered put or call represented that, if the Index ceases to Exchange, the National Stock Exchange, options would be required to deposit or be maintained or calculated, or if the NASD, the New York Stock Exchange, maintain 100% of the option proceeds, Index values are not disseminated every the Pacific Stock Exchange, and the plus 15% of the aggregate contract value 15 seconds by a widely available source, Philadelphia Stock Exchange. The ISG (current index level × $100), less any it would not list any additional series members work together to coordinate out-of-the-money amount, subject to a for trading and would limit all surveillance and investigative minimum of the option proceeds plus transactions in such options to closing information sharing in the stock and 10% of the aggregate contract value for transactions only for the purpose of options markets. In addition, the major call options and a minimum of the maintaining a fair and orderly market futures exchanges are affiliated option proceeds plus 10% of the and protecting investors. members of the ISG, which allows for aggregate exercise price amount for put the sharing of surveillance information Contract Specifications options. for potential intermarket trading abuses. The contract specifications for options The Exchange proposes to set strike The Exchange represents that it has 1 on the Index are set forth as an Exhibit price intervals at least 2 ⁄2 points for the necessary systems capacity to to the proposed rule change. The certain near-the-money series in near- support new options series that would proposed contract specifications are term expiration months when the Full- result from the introduction of NDX, identical to the contract specifications size Nasdaq 100 Index or Mini Nasdaq MNX, NDX LEAPS, and MNX LEAPS. of NDX and MNX options that are 100 Index is at a level below 200, and The Exchange has provided the currently listed on CBOE. The Index is 5 point strike price intervals for other Commission with system capacity a broad-based index, as defined in options series with expirations up to information to support its system Exchange Rule 2001(j). Options on the one year, and at least 10 point strike capacity representations. Nasdaq 100 Index are European-style price intervals for longer-term options. 2. Statutory Basis and A.M. cash-settled. The Exchange’s The minimum tick size for series trading standard trading hours for index options below $3 is $0.05, and for series trading The Exchange believes that the (9:30 a.m. to 4:15 p.m. ET), as set forth at or above $3 is $0.10. Based on the proposed rule change is consistent with in ISE Rule 2008(a), would apply to current index levels, the Exchange plans Section 6 of the Act 20 in general, and options on the Nasdaq 100 Index. to set strike price intervals of 5 points with Section 6(b)(5) in particular,21 in Exchange rules that are applicable to the and 21⁄2 points for NDX and MNX, that it will permit the trading of options trading of options on broad-based respectively. on the Full-size Nasdaq 100 Index and indexes would apply to both NDX and MNX.15 Specifically, the trading of NDX 16 The position limits proposed by the Exchange 18 See ISE Rule 2009(a)(3). 19 and MNX options would be subject to, for Nasdaq 100 Index options are identical to those NDX LEAPS and MNX LEAPS are listed established by CBOE. pursuant to ISE Rule 2009(b)(1) rather than Rule among others, Exchange rules governing 17 See Amendment No. 2. The same limits that 2009(b)(2). apply to position limits would apply to exercise 20 15 U.S.C. 78f. 15 See Exchange Rules 2000 through 2012. limits for these products. 21 15 U.S.C. 78f(b)(5).
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Mini Nasdaq 100 Index pursuant to the Commission’s Public Reference 2. The Exchange has an adequate rules designed to prevent fraudulent Section, 450 Fifth Street, NW., surveillance program in place for options and manipulative acts and practices and Washington, DC 20549. Copies of this traded on the Nasdaq 100 Index. to promote just and equitable principles filing also will be available for 3. The additional quote and message traffic of trade. inspection and copying at the principal that will be generated by listing and trading office of the ISE. All comments received NDX, MNX, NDX LEAPS, and MNX LEAPS B. Self-Regulatory Organization’s will be posted without change; the will not exceed the Exchange’s current Statement on Burden on Competition Commission does not edit personal message capacity allocated by the The Exchange does not believe that identifying information from Independent System Capacity Advisor. the proposed rule change would impose submissions. You should submit only The Commission further notes that in any inappropriate burden on information that you wish to make approving this proposal, it relied on the competition. available publicly. All submissions Exchange’s discussion of how Nasdaq should refer to File Number SR–ISE– C. Self-Regulatory Organization’s currently calculates the Index. If the Statement on Comments on the 2005–01 and should be submitted on or before February 28, 2005. manner in which Nasdaq calculates the Proposed Rule Change Received From Index were to change substantially, this Members, Participants, or Others IV. Commission’s Findings and Order approval order might no longer be The Exchange has not solicited Granting Accelerated Approval of effective. Proposed Rule Change comments on this proposed rule change. In addition, the Commission believes The Exchange has not received any The Commission finds that the that the position limits for these new unsolicited written comments from proposed rule change, as amended, is options, and the hedge exemption from members or other interested parties. consistent with the requirements of the such position limits, are reasonable and III. Solicitation of Comments Act and the rules and regulations consistent with the Act. The thereunder applicable to a national Interested persons are invited to Commission previously has found securities exchange.22 In particular, the submit written data, views, and identical provisions for NDX and MNX Commission believes that the proposal arguments concerning the foregoing, options to be consistent with the Act.25 is consistent with Section 6(b)(5) of the including whether the proposed rule Act,23 which requires that the rules of The Commission finds good cause for change, as amended, is consistent with an exchange be designed to prevent approving this proposal before the the Act. Comments may be submitted by fraudulent and manipulative acts and thirtieth day after the publication of any of the following methods: practices, to promote just and equitable notice thereof in the Federal Register. Electronic Comments principles of trade, to remove Because options on the Nasdaq 100 • Use the Commission’s Internet impediments to and perfect the Index already trade on another comment form (http://www.sec.gov/ mechanism of a free and open market exchange, accelerating approval of the rules/sro.shtml); or and a national market system, and in ISE’s proposal should benefit investors • Send an e-mail to rule- general to protect investors and the by creating, without undue delay, [email protected]. Please include File public interest. The Commission notes additional competition in the market for Number SR–ISE–2005–01 on the subject that it previously approved the listing these options. line. and trading of options on the Nasdaq 100 Index on another exchange.24 The V. Conclusion Paper Comments Commission presently is not aware of It is therefore ordered, pursuant to • any regulatory issue that should cause it Send paper comments in triplicate Section 19(b)(2) of the Act,26 that the to revisit that earlier finding or preclude to Jonathan G. Katz, Secretary, proposed rule change, as amended (SR– the trading of such options on the ISE. Securities and Exchange Commission, ISE–2005–01), is hereby approved. 450 Fifth Street, NW., Washington, DC In approving this proposal, the 20549–0609. Commission has specifically relied on For the Commission, by the Division of All submissions should refer to File the following representations made by Market Regulation, pursuant to delegated 27 Number SR–ISE–2005–01. This file the Exchange: authority. number should be included on the 1. The Exchange will notify the Jill M. Peterson, subject line if e-mail is used. To help the Commission’s Division of Market Regulation Assistant Secretary. Commission process and review your immediately if Nasdaq determines to cease [FR Doc. E5–464 Filed 2–4–05; 8:45 am] maintaining and calculating the Nasdaq 100 comments more efficiently, please use BILLING CODE 8010–01–P only one method. The Commission will Index, or if the Nasdaq 100 Index values are post all comments on the Commission’s not disseminated every 15 seconds by a widely available source. If the Index ceases Internet Web site (http://www.sec.gov/ to be maintained or calculated, or if the Index rules/sro.shtml). Copies of the values are not disseminated every 15 seconds submission, all subsequent by a widely available source, the Exchange amendments, all written statements will not list any additional series for trading with respect to the proposed rule and limit all transactions in such options to change that are filed with the closing transactions only for the purpose of Commission, and all written maintaining a fair and orderly market and 25 See Securities Exchange Act Release No. 44156 communications relating to the protecting investors. (April 6, 2001), 66 FR 19261 (April 13, 2001) (SR– CBOE–00–14) (order approving a proposed rule proposed rule change between the change by CBOE to increase position and exercise Commission and any person, other than 22 In approving this proposal, the Commission has considered its impact on efficiency, competition, limits for Nasdaq 100 Index options, expand the those that may be withheld from the and capital formation. See 15 U.S.C. 78c(f). Index hedge exemption, and eliminate the near- public in accordance with the 23 15 U.S.C. 78f(b)(5). term position limit restriction). provisions of 5 U.S.C. 552, will be 24 See Securities Exchange Act Release No. 33428 26 15 U.S.C. 78s(b)(2). available for inspection and copying in (January 5, 1994), 59 FR 1576 (January 11, 1994). 27 17 CFR 200.30–3(a)(12).
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SECURITIES AND EXCHANGE II. Self-Regulatory Organization’s Participants would either allow the pilot COMMISSION Statement of the Purpose of, and to lapse, or, if they believed that a Statutory Basis for, the Proposed Rule continuation of the limitation was [Release No. 34–51111; File No. SR–ISE– Change appropriate, would discuss the matter 2005–08] In its filing with the Commission, the further with the Commission staff. ISE included statements concerning the 3. Statutory Basis Self-Regulatory Organizations; purpose of and basis for the proposed International Securities Exchange, Inc.; rule change and discussed any The Exchange believes that the Notice of Filing and Immediate comments it received on the proposed proposed rule change, as amended, is Effectiveness of Proposed Rule rule change. The text of these statements consistent with Section 6(b)(5) of the Act,8 which requires that an exchange Change and Amendment No. 1 Thereto may be examined at the places specified have rules that are designed to foster Relating to Limitations on End-of-Day in Item IV below. The Exchange has cooperation and coordination with Trade-Through Liability prepared summaries, set forth in Sections A, B, and C below, of the most persons engaged in regulating, clearing, January 31, 2005. significant aspects of such statements. settling, processing information with respect to, and facilitating transactions Pursuant to Section 19(b)(1) of the A. Self-Regulatory Organization’s in securities, to remove impediments to Securities Exchange Act of 1934 Statement of the Purpose of, and and perfect the mechanism of a free and (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Statutory Basis for, the Proposed Rule open market and a national market notice is hereby given that on January Change system, and, in general, to protect 26, 2005, the International Securities 1. Purpose investors and the public interest. In Exchange, Inc. (‘‘ISE’’ or ‘‘Exchange’’) particular, the proposed rule change The purpose of the proposed rule filed with the Securities and Exchange would implement a provision of the change is to amend the limitation on Commission (‘‘Commission’’) the Linkage Plan, providing a common end-of-day trade-through liability. By proposed rule change as described in limitation on liability for all participants way of background, the Plan for the Items I and II below, which Items have in the options market. Purpose of Creating and Operating an been prepared by the ISE. On January Intermarket Option Linkage (‘‘Linkage B. Self-Regulatory Organization’s 28, 2005, the Exchange filed Plan’’) requires participating exchanges Statement on Burden on Competition Amendment No. 1 to the proposed rule (‘‘Participants’’) to impose liability on 3 The Exchange does not believe that change. The Exchange has filed the their members who trade at prices proposal as a ‘‘non-controversial’’ rule the proposed rule change will impose inferior to those displayed on competing any burden on competition not change pursuant to Section 19(b)(3)(A) exchanges. Among other things, in the necessary or appropriate in furtherance of the Act,4 and Rule 19b–4(f)(6) event that a member ‘‘trades through’’ a of the purposes of the Act. thereunder,5 which renders the proposal customer limit order on another market, effective upon filing with the the exchange that is traded through can C. Self-Regulatory Organization’s Commission.6 The Commission is send a ‘‘Satisfaction Order,’’ requiring Statement on Comments on the publishing this notice to solicit the member to fill a Linkage order sent Proposed Rule Change Received From comments on the proposed rule change, on behalf of the aggrieved customer.7 Members, Participants or Others as amended, from interested persons. Generally, the member is liable for the The Exchange has neither solicited entire size of the customer order (up to I. Self-Regulatory Organization’s nor received comments on the proposed the size of the trade-through). However, rule change. Statement of the Terms of Substance of because it may be difficult for a member the Proposed Rule Change to hedge a position it acquires at the end III. Date of Effectiveness of the of the day when filling a Satisfaction Proposed Rule Change and Timing for The ISE is proposing two changes to Order, all Participants currently limit Commission Action the current limitations on trade-through this liability to 25 contracts during the Because the foregoing rule change: (1) liability at the end of the trading day. last seven minutes of options trading. First, the limit on liability is being Does not significantly affect the The 25-contract limit is a pilot protection of investors or the public raised to 50 contracts as of February 1, program that is scheduled to expire on 2005. Second, this limit will be a pilot interest; (2) does not impose any January 31, 2005. The ISE is proposing significant burden on competition; and program, which expires on January 31, to extend the exemption through (3) does not become operative for 30 2006. The text of the proposed rule January 31, 2006 and to raise the limit days from the date on which it was change is available on the ISE’s Web site on liability to 50 contracts. The filed, or such shorter time as the (www.iseoptions.com), at the ISE’s Participants currently are considering Commission may designate if consistent Office of the Secretary, and at the Linkage Plan amendments that, if with the protection of investors and the Commission’s Public Reference Room. proposed and approved, could obviate public interest, the proposed rule the need for this limitation of liability. change has become effective pursuant to Specifically, the amendments would 9 1 15 U.S.C. 78s(b)(1). Section 19(b)(3)(A) of the Act and Rule increase the ability for members of 10 2 19b–4(f)(6) thereunder. 17 CFR 240.19b–4. Participants to receive automatic 3 A proposed rule change filed under See Partial Amendment dated January 28, 2005 execution of P/A Orders and would (‘‘Amendment No. 1’’). In Amendment No. 1, the Rule 19b–4(f)(6) 11 normally does not Exchange corrected a typographical error in the rule provide tools to avoid trade-through become operative prior to 30 days after text included in the original rule filing. liability generally, including at the end the date of filing. However, Rule 19b– 4 15 U.S.C. 78s(b)(3)(A). of the day. The Exchange anticipates 5 17 CFR 240.19b–4(f)(6). that these amendments could be in 8 15 U.S.C. 78f(b)(5). 6 The ISE asked the Commission to waive the 30- effect within a year. At that time, the 9 15 U.S.C. 78s(b)(3)(A). day operative delay. See Rule 19b–4(f)(6)(iii). 17 10 17 CFR 240.19b–4(f)(6). CFR 240.19b–4(f)(6)(iii). 7 See Section 2(16)(c) of the Linkage Plan. 11 17 CFR 240.19b–4(f)(6).
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4(f)(6)(iii) permits the Commission to Paper Comments (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 designate a shorter time if such action • Send paper comments in triplicate notice is hereby given that on January is consistent with the protection of to Jonathan G. Katz, Secretary, 13, 2005, the New York Stock Exchange, investors and the public interest. The Securities and Exchange Commission, Inc. (‘‘NYSE’’ or ‘‘Exchange’’) filed with Exchange has requested that the 450 Fifth Street, NW., Washington, DC the Securities and Exchange Commission waive the five-day pre- 20549–0609. Commission (‘‘Commission’’) the filing requirement and the 30-day proposed rule change as described in All submissions should refer to File operative delay, as specified in Rule Items I, II, and III below, which Items Number SR–ISE–2005–08. This file 19b–4(f)(6)(iii), and designate the have been prepared by the Exchange. number should be included on the proposed rule change immediately The proposed rule change has been filed subject line if e-mail is used. To help the operative. by the NYSE as a ‘‘non-controversial’’ Commission process and review your The Commission believes that rule change pursuant to Rule 19b–4(f)(6) comments more efficiently, please use waiving the five-day pre-filing provision under the Act.3 The Commission is only one method. The Commission will and the 30-day operative delay is publishing this notice to solicit post all comments on the Commission’s consistent with the protection of comments on the proposed rule change Internet Web site (http://www.sec.gov/ investors and the public interest.12 By from interested persons. waiving the pre-filing requirement and rules/sro.shtml). Copies of the accelerating the operative date, the Pilot submission, all subsequent I. Self-Regulatory Organization’s Program can continue without amendments, all written statements Statement of the Terms of Substance of interruption. The Commission believes with respect to the proposed rule the Proposed Rule Change that allowing the pilot to continue will change that are filed with the The Exchange seeks to extend its allow Participants to either gather Commission, and all written original financial listing standards pilot sufficient information to justify the need communications relating to the program (the ‘‘Pilot Program’’) 4 until for the pilot program or determine that proposed rule change between the the earlier of April 30, 2005, or such the exemption from trade-through Commission and any person, other than date as the Commission may approve liability is no longer necessary. those that may be withheld from the File Number SR–NYSE–2004–20,5 Increasing the maximum number of public in accordance with the which seeks permanent approval of the contracts to be satisfied with respect to provisions of 5 U.S.C. 552, will be Pilot Program. The Pilot Program Satisfaction Orders in the last seven available for inspection and copying in established revised financial standards minutes of trading in options to 50 the Commission’s Public Reference applicable to the listing of equity contracts will enhance customer order Room. Copies of the filing also will be securities on the Exchange. The Pilot protection. available for inspection and copying at Program is currently in effect on an At any time within 60 days of the the principal office of the ISE. All extended basis until the earlier of filing of such proposed rule change, the comments received will be posted January 31, 2004, or such date as the Commission may summarily abrogate without change; the Commission does Commission may approve File Number such rule change if it appears to the not edit personal identifying SR–NYSE–2004–20.6 information from submissions. You Commission that such action is II. Self-Regulatory Organization’s necessary or appropriate in the public should submit only information that you wish to make available publicly. All Statement of the Purpose of, and interest, for the protection of investors, Statutory Basis for, the Proposed Rule submissions should refer to File SR– or otherwise in furtherance of the Change purposes of the Act.13 ISE–2005–08 and should be submitted on or before February 28, 2005. In its filing with the Commission, the IV. Solicitation of Comments Exchange included statements For the Commission, by the Division of Interested persons are invited to Market Regulation, pursuant to delegated concerning the purpose of and basis for submit written data, views, and authority.14 the proposed rule change and discussed arguments concerning the foregoing, Jill M. Peterson, any comments it received on the proposed rule change. The text of these including whether the proposed rule Assistant Secretary. statements may be examined at the change is consistent with the Act. [FR Doc. E5–473 Filed 2–4–05; 8:45 am] Comments may be submitted by any of places specified in Item IV below. The BILLING CODE 8010–01–P the following methods: Exchange has prepared summaries, set forth in Sections A, B, and C below, of Electronic Comments the most significant parts of such SECURITIES AND EXCHANGE • Use the Commission’s Internet statements. COMMISSION comment form (http://www.sec.gov/ rules/sro.shtml); or 1 15 U.S.C. 78s(b)(1). • [Release No. 34–51104; File No. SR–NYSE– 2 17 CFR 240.19b–4. Send an e-mail to rule- 2005–08] [email protected]. Please include File 3 17 CFR 240.19b–4(f)(6). Number SR–ISE–2005–08 on the subject 4 See Securities Exchange Act Release Nos. 50615 Self-Regulatory Organizations; Notice (October 29, 2004), 69 FR 64799 (November 8, line. of Filing and Immediate Effectiveness 2004); 50123 (July 29, 2004) (File No. SR–NYSE of Proposed Rule Change by the New 2004–58); 69 FR 57474 (August 5, 2004) (File No. 12 For purposes of accelerating the operative date York Stock Exchange, Inc. Relating To SR–NYSE–2004–40), and 49154 (January 29, 2004), of this proposal, the Commission has considered 69 FR 5633 (February 5, 2004) (approving File No. the proposed rule’s impact on efficiency, Its Original Financial Listing Standards SR–NYSE–2003–43). competition, and capital formation. 15 U.S.C. 78c(f). Pilot Program 5 See Securities Exchange Act Release No. 49917 13 For purposes of calculating the 60-day period (June 25, 2004), 69 FR 40439 (July 2, 2004). within which the Commission may summarily January 28, 2005. 6 The Exchange previously extended the Pilot abrogate the proposed rule change under Section Pursuant to Section 19(b)(1) of the Program from June 30, 2004 until October 31, 2004 19(b)(3)(C) of the Act, the Commission considers Securities Exchange Act of 1934 in Securities Exchange Act Release No. 50123, the period to commence on January 28, 2005, the supra note 4. The Exchange later extended the Pilot date the Exchange filed Amendment No. 1 to the Program until January 31, 2005 in Securities proposed rule change. See 15 U.S.C. 78s(c)(3)(C). 14 17 CFR 200.30–3(a)(12). Exchange Act Release No. 50615, supra note 4.
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A. Self-Regulatory Organization’s 2004.12 On October 12, 2004, the as the Commission may designate if Statement of the Purpose of, and Exchange filed File Number SR–NYSE– consistent with the protection of Statutory Basis for, the Proposed Rule 2004–58 to extend the Pilot Program investors and the public interest, and Change until January 31, 2005.13 Thereafter, the the Exchange provided the Commission Exchange filed amendments to File with written notice of its intent to file 1. Purpose Number SR–NYSE–2004–20 on the proposed rule change at least five November 29, 2004,14 December 17, business days prior to the date of filing On January 29, 2004, the Commission 15 16 granted accelerated approval to the Pilot 2004, and January 25, 2005. of the proposed rule change, or such Program on a six-month pilot basis Therefore, the Exchange believes it is shorter time as designated by the appropriate to extend the amended Pilot Commission, it has become effective through July 30, 2004.7 Two comments Program until the earlier of April 30, pursuant to Section 19(b)(3)(A) of the were received in response to File 2005, or such date as the Commission Act 18 and Rule 19b–4(f)(6) Number SR–NYSE–2003–43.8 The may approve File Number SR–NYSE– thereunder.19 At any time within 60 NYSE thereafter filed File Number SR– 2004–20. days of the filing of this proposed rule NYSE–2004–15 on March 16, 2004 for change, the Commission may summarily immediate effectiveness,9 which 2. Statutory Basis abrogate such rule change if it appears suspended portions of the original Pilot The Exchange believes that the to the Commission that such action is Program regarding minimum numerical proposed rule change is consistent with necessary or appropriate in the public continued listing set forth in Section 17 Section 6(b)(5) of the Act because it is interest, for the protection of investors, 802.01B of the NYSE’s Listed Company designed to prevent fraudulent and or otherwise in furtherance of the Manual. In File Number SR–NYSE– manipulative acts and practices, to purposes of the Act. 2004–15, the Exchange noted its promote just and equitable principles of Although Rule 19b–4(f)(6) under the intention to publish the requirements of trade, to remove impediments to and Act 20 requires that an Exchange submit the original Pilot Program regarding perfect the mechanism of a free and a notice of its intent to file at least five minimum numerical continued listing open market and a national market business days prior to the filing date, standards set forth Section 802.01B for system, and, in general, to protect the Commission is waiving this public comment on a non-accelerated investors and the public interest. requirement at the Exchange’s request in timeframe. File Number SR–NYSE– B. Self-Regulatory Organization’s view of the fact that the proposed rule 2004–15 did not, however, affect the Statement on Burden on Competition change seeks to continue the existing Pilot Program with respect to original Pilot Program. The NYSE has also The Exchange does not believe that listing standards set forth in Sections requested that the Commission waive the proposed rule change will impose 102.01C and 103.01B of the NYSE’s the 30-day operative delay. The any burden on competition that is not Listed Company Manual or the Pilot Commission believes waiving the 30- necessary or appropriate in furtherance Program’s non-substantive change to the day operative delay is consistent with of the purposes of the Act. language of Section 802.01C. the protection of investors and the On April 4, 2004, the Exchange filed C. Self-Regulatory Organization’s public interest. Waiver of the operative File Number SR–NYSE–2004–20, which Statement on Comments on the date will allow the Exchange’s Pilot seeks permanent approval for the Pilot Proposed Rule Change Received from Program to continue without any Program currently in effect with respect Members, Participants, or Others interruption in service to issuers and to the Exchange’s original minimum Written comments were neither investors. For these reasons, the listing standards and approval of the solicited nor received with respect to Commission designates the proposal to continued minimum listing standards as the proposed rule change. be effective and operative upon filing originally proposed in File Number SR– with the Commission.21 III. Date of Effectiveness of the NYSE–2003–43. File Number SR– Proposed Rule Change and Timing for IV. Solicitation of Comments NYSE–2004–20 was published in the Commission Action Federal Register on July 2, 2004.10 Interested persons are invited to Three comment letters were received in Because the foregoing proposed rule submit written data, views, and response to File Number SR–NYSE– change (1) does not significantly affect arguments concerning the foregoing, 2004–20.11 Following consideration of the protection of investors or the public including whether the proposed rule these comment letters, the Exchange interest; (2) does not impose any change is consistent with the Act. Comments may be submitted by any of filed Amendment No. 2 to File Number significant burden on competition; and the following methods: SR–NYSE–2004–20 on August 31, (3) by its terms, does not become operative until 30 days from the date on Electronic Comments which it was filed, or such shorter time 7 See Securities Exchange Act Release No. 49154, • Use the Commission’s Internet supra note 4. 12 comment form (http://www.sec.gov/ 8 See letters to Jonathan G. Katz, Secretary, See letter to Nancy J. Sanow, Assistant Director, Commission, from W. Randy Eaddy, Kilpatrick Division, Commission, from Darla C. Stuckey, rules/sro.shtml); or Stockton LLP, dated March 11, 2004, and Kenneth Corporate Secretary, NYSE, dated August 31, 2004 • Send an e-mail to rule- A. Hoogstra, von Briesen & Roper, s.c., dated (‘‘Amendment No. 2’’). [email protected]. Please include File February 25, 2004. 13 See Securities Exchange Act Release No. 50615, Number SR–NYSE–2005–08 on the 9 supra note 4. See Securities Exchange Act Release No. 49443 subject line. (March 18, 2004), 69 FR 13929 (March 24, 2004) 14 See Amendment No. 3, dated November 29, (File No. SR–NYSE–2004–15). 2004, submitted by Mary Yeager, Assistant 10 See supra note 5. Corporate Secretary, NYSE. 18 15 U.S.C. 78s(b)(3)(A). 11 See letters to Jonathan G. Katz, Secretary, 15 See Amendment No. 4, dated December 17, 19 17 CFR 240.19b–4(f)(6). Commission, from Richard F. Latour, President & 2004, submitted by Mary Yeager, Assistant 20 Id. CEO, MicroFinancial Incorporated, July 15, 2004, Corporate Secretary, NYSE. 21 For purposes only of accelerating the operative Kenneth A. Hoogstra, von Briesen & Roper, s.c., 16 See Amendment No. 5, dated January 25, 2005, date of this proposal, the Commission has dated July 20, 2004, and John L. Patenaude, Vice submitted by Mary Yeager, Assistant Corporate considered the proposed rule’s impact on President Finance and Chief Financial Officer, Secretary, NYSE. efficiency, competition, and capital formation. 15 Nashua Corporation, dated July 22, 2004. 17 15 U.S.C. 78f(b)(5). U.S.C. 78c(f).
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Paper Comments SECURITIES AND EXCHANGE II. Self-Regulatory Organization’s Statement of the Purpose of, and • COMMISSION Send paper comments in triplicate Statutory Basis for the Proposed Rule to Jonathan G. Katz, Secretary, Change Securities and Exchange Commission, [Release No. 34–51091; File No. SR–NYSE– 2005–01] 450 Fifth Street, NW., Washington, DC In its filing with the Commission, 20549–0609. Self-Regulatory Organizations; New NYSE included statements concerning All submissions should refer to File York Stock Exchange, Inc.; Notice of the purpose of, and basis, for the Number SR–NYSE–2005–08. This file Filing and Immediate Effectiveness of proposed rule change and discussed any number should be included on the Proposed Rule Change Relating to comments it received on the proposed subject line if e-mail is used. To help the Two Crossing Sessions in the rule change. The text of the proposed rule change is available on the NYSE’s Commission process and review your Exchange’s Off-Hours Trading Facility Web site (http://www.nyse.com), at the comments more efficiently, please use NYSE’s Office of the Secretary, and at only one method. The Commission will January 28, 2005. the Commission’s Public Reference post all comments on the Commission’s Pursuant to Section 19(b)(1) of the Room. The Exchange has prepared Internet Web site (http://www.sec.gov/ Securities Exchange Act of 1934 summaries, set forth in Sections A, B, rules/sro.shtml). Copies of the (‘‘Act’’),1 and Rule 19b–4 thereunder,2 and C below, of the most significant notice is hereby given that on January 4, submission, all subsequent aspects of such statements. amendments, all written statements 2005, the New York Stock Exchange, with respect to the proposed rule Inc. (‘‘NYSE’’ or ‘‘Exchange’’) filed with A. Self-Regulatory Organization’s change that are filed with the the Securities and Exchange Statement of the Purpose of, and Commission, and all written Commission (‘‘Commission’’) the Statutory Basis for, the Proposed Rule communications relating to the proposed rule change as described in Change Items I and II below, which Items have proposed rule change between the 1. Purpose Commission and any person, other than been prepared by the Exchange. The those that may be withheld from the Exchange filed the proposed rule change In SR–NYSE–2002–40,6 the public in accordance with the pursuant to Section 19(b)(3)(A) of the Commission approved the provisions of 5 U.S.C. 552, will be Act 3 and Rule 19b–4(f)(6) thereunder, establishment of the Pilots in the available for inspection and copying in which renders it effective upon filing Exchange’s Off-Hours Trading Facility the Commission’s Public Reference with the Commission.4 The Commission (‘‘OHTF’’), expiring on December 1, Section, 450 Fifth Street, NW., is publishing this notice to solicit 2004. The instant proposed rule change Washington, DC 20549. Copies of such comments on the proposed rule change makes the Pilots operative until filing also will be available on NYSE’s from interested persons. February 1, 2006. No changes have been made to the manner in which the Pilots website (http://www.nyse.com/ I. Self-Regulatory Organization’s operate.7 regulation/construles/ Statement of the Terms of Substance of 1098741855384.html) and for inspection the Proposed Rule Change Background and copying at the principal office of NYSE. All comments received will be The proposed rule change makes The purpose of SR–NYSE–2002–40 posted without change; the Commission operative the following pilot programs was to add two pilot programs, Crossing does not edit personal identifying until February 1, 2006: Crossing Session Session III and Crossing Session IV, to information from submissions. You III, for the execution of guaranteed price the OHTF. Before the proposed rule should submit only information that coupled orders by member change, the OHTF consisted of Crossing you wish to make available publicly. All organizations to fill the balance of Sessions I and II. Crossing Session I submissions should refer to File customer orders at a price that was permits the execution, at the Exchange’s Number SR–NYSE–2005–08 and should guaranteed to a customer prior to the closing price, of single-stock, single- be submitted on or before February 28, close of the Exchange’s 9:30 a.m. to 4 sided closing price orders and crosses of 2005. p.m. trading session (‘‘Crossing Session single-stock, closing price buy and sell III’’); and Crossing Session IV, whereby orders. Crossing Session II permits the For the Commission, by the Division of an unfilled balance of an order may be execution of crosses of multiple-stock Market Regulation, pursuant to delegated filled at a price such that the entire (‘‘basket’’) aggregate price buy and sell authority.22 order is filled at no worse price than the orders. For Crossing Session II, trade Jill M. Peterson, Volume Weighted Average Price reporting is accomplished by reporting Assistant Secretary. (‘‘VWAP’’) for the subject security to the Consolidated Tape the total [FR Doc. E5–465 Filed 2–4–05; 8:45 am] (‘‘Crossing Session IV’’) (Crossing number of shares and the total market BILLING CODE 8010–01–P Session III and Crossing Session IV, the value of the aggregate-price trades. ‘‘Pilots’’).5 There is no indication of the individual component stocks involved in the 1 15 U.S.C. 78s(b)(1). aggregate-price transactions. 2 17 CFR 240.19b–4. 3 15 U.S.C. 78s(b)(3)(A). 6 See Securities Exchange act Release No. 48857 4 17 CFR 240.19b–4(f)(6). (December 1, 2003), 68 FR 68440 (December 8, 5 On November 12, 2004, the Exchange made an 2003) (SR–NYSE–2002–40). electronic 19b–4 filing to extend the Pilots as of 7 See January 7, 2005 telephone conference December 1, 2004, the date the Pilots were due to among Donald Siemer, Director, Market expire. The Commission did not receive this filing, Surveillance, NYSE, Joseph P. Morra, Special however. With the instant proposed rule change, Counsel, Division of Market Regulation the Exchange is making the Pilots operative until (‘‘Division’’), Commission and Mitra Mehr, 22 17 CFR 200.30–3(a)(12). February 1, 2006. Attorney, Division, Commission.
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Crossing Session III Operation of Crossing Sessions B. Self-Regulatory Organization’s Statement on Burden on Competition As described below, the Exchange is Crossing Session III and Crossing proposing to make operative until Session IV would continue to operate as The Exchange does not believe that February 1, 2006, the pilot program, follows: the proposed rule change will impose Crossing Session III, as described in (i) The original order as to which an any burden on competition that is not Exchange Rule 907. This Pilot would ‘‘upstairs stop’’ or ‘‘VWAP’’ has been necessary or appropriate in furtherance continue to allow for the execution on granted must be for at least 10,000 of the purposes of the Act. the NYSE of ‘‘guaranteed price coupled shares; C. Self-Regulatory Organization’s orders’’ whereby member organizations Statement on Comments on the could fill the unfilled balance of a (ii) The customer must have received Proposed Rule Change Received from customer order at a price which was a ‘‘stop’’ (guaranteed price) or VWAP for Members, Participants or Others guaranteed to the customer prior to the the entire order; close of the Exchange’s 9:30 a.m. to 4 (iii) The member firm must record all The Exchange has neither solicited p.m. trading session. details of the order, including the price nor received written comments on the it has guaranteed its customer or that proposed rule change. The Granting of ‘‘Upstairs Stops’’ the entire order will be filled at no III. Date of Effectiveness of the In serving their institutional worse than the VWAP; Proposed Rule Change and Timing for customers, member firms may offer (iv) The unfilled balance of the order Commission Action them a guarantee that a large size order that would be executed in Crossing will receive no worse than a particular Session III or Crossing Session IV must Because the foregoing proposed rule price. Such a practice is usually referred be at least 10,000 shares; change does not: (i) Significantly affect the protection of investors or the public to as an ‘‘upstairs stop,’’ meaning that (v) The customer’s order must be the firm guarantees that its customer’s interest; (ii) impose any significant executed in Crossing Session III or burden on competition; and (iii) become order will be executed at no worse price Crossing Session IV at a price that than the agreed-upon, guaranteed price, operative for 30 days from the date on ensures that the entire order is executed which it was filed, or such shorter time with the member firm trading for its at a price that is no worse than the own account, if necessary, to effectuate as the Commission may designate, it has guaranteed price or the VWAP; the guarantee. become effective pursuant to Section Typically, a member firm will seek to (vi) Orders may be entered in Crossing 19(b)(3)(A) 10 and Rule 19b–4(f)(6) execute as much of the order as possible Session III or Crossing Session IV thereunder.11 At any time within 60 during the trading day at or below the between 4 p.m. and 6:30 p.m., and must days of the filing of the proposed rule ‘‘stop’’ price (in the case of a buy order) be identified as either a Crossing change, the Commission may summarily or at or above the ‘‘stop’’ price (in the Session III or Crossing Session IV order; abrogate such rule change if it appears case of a sell order). Any portion of the (vii) Member firms would receive an to the Commission that such action is order not filled during the trading day immediate report of execution upon necessary or appropriate in the public will be completed after hours, with the entering an order into Crossing Session interest, for the protection of investors, firm either buying from, or selling to, its III or Crossing Session IV; or otherwise in furtherance of the customer at a price which ensures that (viii) Orders may be entered into purposes of the Act. the entire order is executed at a price Crossing Session III for execution at NYSE has asked the Commission to which is no worse than the ‘‘stop’’ price. prices outside the trading range in the waive the five-day pre-filing notice Member firms typically execute the subject security during the 9:30 a.m. to requirement and the 30-day operative unfilled balance of the order, after the 4 p.m. trading session; delay. The Commission believes such waiver is consistent with the protection U.S. Consolidated Tape is closed, in the (ix) Orders may not be entered into of investors and the public interest London over-the-counter market, where Crossing Session III or Crossing Session because it would allow the Pilots to be trades are not reported in real time. The IV in a security that is subject to a operative without unnecessary delay.12 purpose of this is simply to minimize trading halt at the close of the regular For this reason, the Commission the possibility that other market 9:30 a.m. to 4 p.m. trading session; and participants may ascertain the firm’s, or designates the proposal to be operative the customer’s inventory position, and (x) At 6:30 p.m., the Exchange would upon filing with the Commission. print trades reported through Crossing possibly trade in the subject security to IV. Solicitation of Comments the detriment of the firm that granted Session III as guaranteed price coupled the upstairs stop. orders or in Crossing Session IV as Interested persons are invited to VWAP executions. submit written data, views and Crossing Session IV 2. Statutory Basis arguments concerning the foregoing, The Exchange is also proposing to including whether the proposed rule make operative until February 1, 2006 NYSE believes that the proposed rule change is consistent with the Act. the pilot program for Crossing Session change is consistent with Section 6 of Comments may be submitted by any of IV as described in Exchange Rule 907. the Act 8 in general, and furthers the the following methods: Crossing Session IV is a facility whereby objectives of Section 6(b)(5) of the Act 9 Electronic Comments member organizations may fill the in particular, in that it is designed to unfilled balance of a customer’s order at promote just and equitable principles of • Use the Commission’s Internet a price such that the overall order is trade, to remove impediments to and comment form (http://www.sec.gov/ filled at a price that is no worse than the perfect the mechanisms of a free and rules/sro.shtml); or VWAP for the subject security on that open market and the national market trading day. The member organization system and, in general, to protect 10 15 U.S.C. 78s(b)(3)(A). would be required to document its investors and the public interest. 11 17 CFR 240.19b–4(f)(6). 12 For purposes only of waiving the 30-day pre- VWAP agreement with the customer operative period, the Commission has considered and the basis upon which the VWAP 8 15 U.S.C. 78f(b). the proposed rule’s impact on efficiency, price would be determined. 9 15 U.S.C. 78f(b)(5). competition and capital formation. 15 U.S.C. 78c(f).
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• Send e-mail to rule- SECURITIES AND EXCHANGE been collaborating to better define the [email protected]. Please include File COMMISSION rights and obligations of the clearing members that are parties to a CMTA Number SR–NYSE–2005–01 on the [Release No. 34–51120; File No. SR–OCC– subject line. 2004–19] arrangement in order to increase the regulatory and legal certainties with Paper Comments Self-Regulatory Organizations; The respect thereto. One focus of this working group has been to formulate • Send paper comments in triplicate Options Clearing Corporation; Notice new CMTA processing rules that would to Jonathan G. Katz, Secretary, of Filing of a Proposed Rule Change be applied to transactions that have Securities and Exchange Commission, Relating to Clearing Member Trade Assignment Processing been executed for institutional and 450 Fifth Street, NW., Washington, DC other customers (‘‘CMTA customers’’) 20549–0609. February 1, 2005. with prime brokerage arrangements with All submissions should refer to File Pursuant to Section 19(b)(1) of the the carrying clearing member that serves Number SR–NYSE–2005–01. This file Securities Exchange Act of 1934,1 notice as a CMTA customer’s prime broker. number should be included on the is hereby given that on November 1, Under the proposed rule change, OCC subject line if e-mail is used. To help the 2004, The Options Clearing Corporation would modify Article I (‘‘Definitions’’) Commission process and review your (‘‘OCC’’) filed with the Securities and of its By-Laws and Rules 401 and 403 comments more efficiently, please use Exchange Commission (‘‘Commission’’) to require clearing members that are only one method. The Commission will the proposed rule change as described parties to a CMTA arrangement post all comments on the Commission’s in Items I, II, and III below, which Items involving CMTA customers to register with OCC certain customer identifiers Internet Web site (http://www.sec.gov/ have been prepared primarily by OCC. that the clearing members use to process rules/sro/shtml). Copies of the The Commission is publishing this notice to solicit comments on the the CMTA transactions. Specifically, the submission, all subsequent proposed rule change from interested new rules would provide that an amendments, all written statements persons. exchange transaction executed on behalf with respect to the proposed rule of a CMTA customer that is to be change that are filed with the I. Self-Regulatory Organization’s transferred by CMTA processing for Commission, and all written Statement of the Terms of Substance of clearance and settlement will be communications relating to the the Proposed Rule Change identified by a special indicator called proposed rule change between the The proposed rule change would a Customer CMTA Indicator in the Commission and any person, other than amend OCC’s By-laws and Rules by matching trade information submitted those that may be withheld from the adding new clearing member trade with respect to that transaction.4 For public in accordance with the assignment (‘‘CMTA’’) processing each transaction marked with the provisions of 5 U.S.C. 552, will be requirements. Customer CMTA Indicator, the matching trade information would also available for inspection and copying in II. Self-Regulatory Organization’s contain identification information about the Commission’s Public Reference Statement of the Purpose of, and Room. Copies of such filing will also be the CMTA customer on whose behalf a Statutory Basis for, the Proposed Rule transaction was executed (‘‘CMTA available for inspection and copying at Change the principal office of the NYSE. All Customer Identifier’’) and the In its filing with the Commission, comments received will be posted introducing broker that executed or OCC included statements concerning arranged for the execution of such without change; the Commission does the purpose of and basis for the transaction (‘‘IB Identifier’’).5 not edit personal identifying proposed rule change and discussed any If a transaction is marked with the information from submissions. You comments it received on the proposed CMTA Indicator, OCC’s systems would should submit only information that rule change. The text of these statements verify against a database of registered you wish to make available publicly. All may be examined at the places specified identifiers that the CMTA Customer submissions should refer to File in Item IV below. OCC has prepared Identifier and the IB Identifier supplied Number SR–NYSE–2005–01 and should summaries, set forth in sections A, B, as a part of the trade information match be submitted on or before February 28, and C below, of the most significant registered identifiers for purposes of the 2005. aspects of such statements.2 CMTA arrangement between the For the Commission, by the Division of carrying and executing clearing A. Self-Regulatory Organization’s members to the trade. This verification Market Regulation, pursuant to delegated Statement of the Purpose of, and authority.13 step would be in addition to the other Statutory Basis for, the Proposed Rule verifications performed by OCC’s Margaret H. McFarland, Change systems for CMTA processing. If a Deputy Secretary. Since OCC amended its CMTA rules transaction is marked with a Customer [FR Doc. E5–469 Filed 2–4–05; 8:45 am] in 2004,3 a group of clearing members, CMTA Indicator but either the CMTA BILLING CODE 8010–01–P the options exchanges, and OCC has Customer Identifier or the IB Identifier is incomplete, inaccurate, or missing, 1 15 U.S.C. 78s(b)(1). 2 The Commission has modified the text of the 4 The same indicator would be used by all options summaries prepared by OCC. exchanges. OCC made various system changes to 3 Securities Exchange Act Release No. 49841 process this indicator and other information to be (June 9, 2004); 69 FR 34207 (June 18, 2004) [File supplied with respect to CMTA customers’ No. SR–OCC–2003–11]. CMTA processing enables transactions. Matching trade information submitted one clearing member (‘‘carrying clearing member’’) by the options exchanges would need to include to authorize another clearing member (‘‘executing this information that requires changes to the clearing member’’) to direct that exchange exchanges’ systems. transactions be transferred to an account of the 5 If the introducing broker is also the executing carrying clearing member for clearance and clearing member, a separate IB Identifier would still 13 17 CFR 200.30–3(a)(12). settlement. be required.
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OCC’s systems would treat the protection of investors and the persons Internet Web site http://www.sec.gov/ transaction as a failed CMTA and would facilitating transactions by and acting on rules/sro.shtml. Copies of the cause the transaction to be cleared in behalf of investors. submission, all subsequent the executing clearing member’s amendments, all written statements B. Self-Regulatory Organization’s designated or default account in with respect to the proposed rule Statement on Burden on Competition accordance with OCC Rule 403. change that are filed with the Under the terms of a model agreement OCC does not believe that the Commission, and all written developed by the working group to proposed rule change would impose any communications relating to the reflect the rights and obligations of the burden on competition. proposed rule change between the carrying and executing clearing Commission and any person, other than C. Self-Regulatory Organization’s members with respect to their customer those that may be withheld from the Statement on Comments on CMTA arrangement, the firms would public in accordance with the theProposed Rule Change Received from identify each CMTA covered customer. provisions of 5 U.S.C. 552, will be Members, Participants or Others Separately, the clearing members would available for inspection and copying in assign identifiers to their CMTA OCC did not solicit or receive written the Commission’s Public Reference customers and introducing brokers. One comments with respect to the proposed Section, 450 Fifth Street, NW., clearing member then would register the rule change. Washington, DC 20549. Copies of such assigned identifiers with OCC. OCC’s III. Date of Effectiveness of the filing also will be available for systems would require the other Proposed Rule Change and Timing for inspection and copying at OCC’s clearing member to approve the principal office and on OCC’s Web site Commission Action identifiers before they are submitted to at http://www.optionsclearing. com/ OCC for registration. Identifiers would Within thirty-five days of the date of publications/rules/proposed_changes/ be effectively registered when they are publication of this notice in the Federal proposed_changes.jsp. All comments accepted by OCC’s systems, subject to Register or within such longer period (i) received will be posted without change; OCC’s right to reject an already as the Commission may designate up to the Commission does not edit personal registered identifier.6 OCC would retain ninety days of such date if it finds such identifying information from the right to specify criteria applicable to longer period to be appropriate and submissions. You should submit only the characters used to form identifiers publishes its reasons for so finding or information that you wish to make for systemic reasons. (ii) as to which the self-regulatory available publicly. All submissions The prime broker clearing members organization consents, the Commission should refer to File Number SR–OCC– involved in developing these will: 2004–19 and should be submitted on or requirements believe that including (A) By order approve such proposed before February 28, 2005. identification information about the rule change or For the Commission by the Division of CMTA customer and introducing broker (B) Institute proceedings to determine Market Regulation, pursuant to delegated to a transaction would make CMTA whether the proposed rule change authority.8 processing more transparent. Since should be disapproved. Jill M. Peterson, carrying clearing members do not have Assistant Secretary. the ability to approve or reject a IV. Solicitation of Comments [FR Doc. E5–474 Filed 2–4–05; 8:45 am] transaction before it is entered into the Interested persons are invited to exchanges’ systems for reporting to submit written data, views, and BILLING CODE 8010–01–P OCC, they believe having OCC verify arguments concerning the foregoing, customer and introducing broker including whether the proposed rule SECURITIES AND EXCHANGE information will assist in limiting the change is consistent with the Act. COMMISSION chances that a transaction erroneously Comments may be submitted by any of will be transferred into one of their the following methods: [Release No. 34–51113; File No. SR–PCX– clearing accounts. They also believe 2005–08] having such information available on Electronic Comments Self-Regulatory Organizations; Pacific the trade record will improve the • Use the Commission’s Internet Exchange, Inc.; Notice of Filing and effectiveness of their back office efforts comment form http://www.sec.gov/ Immediate Effectiveness of Proposed to confirm that transactions cleared in rules/sro.shtml; or Rule Change Thereto Relating to a their accounts conform to the • Send an e-mail to rule- Revision and Extension of a Limitation information supplied by their customer [email protected]. Please include File on Trade Through Liability at the End or its introducing broker, and thereby, Number SR–OCC–2004–19 on the of the Options Trading Day Pilot will facilitate decision making on subject line. Program whether the position resulting from the Paper Comments transaction is eligible for return under January 31, 2005. • their CMTA agreement and Rule 403. Send paper comments in triplicate Pursuant to Section 19(b)(1) of the OCC believes that the proposed rule to Jonathan G. Katz, Secretary, Securities Exchange Act of 1934 change is consistent with Section 17A of Securities and Exchange Commission, (‘‘Act’’),1 and Rule 19b–4 thereunder,2 the Act 7 because it fosters the prompt 450 Fifth Street, NW., Washington, DC notice is hereby given that on January and accurate clearance and settlement of 20549–0609. 26, 2005, the Pacific Exchange (‘‘PCX’’ securities transactions, the safeguarding All submissions should refer to File or ‘‘Exchange’’) filed with the Securities of funds and securities, and the Number SR–OCC–2004–19. This file and Exchange Commission number should be included on the (‘‘Commission’’) the proposed rule 6 Carrying and executing clearing members would subject line if e-mail is used. To help the change as described in Items I and II be responsible to update their respective Commission process and review your registrations of CMTA Customer Identifiers and IB Identifiers including registering any changes or comments more efficiently, please use 8 17 CFR 200.30–3(a)(12). deletions with respect thereto. only one method. The Commission will 1 15 U.S.C. 78s(b)(1). 7 15 U.S.C. 78q–1. post all comments on the Commission’s 2 17 CFR 240.19b–4.
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below, which Items have been prepared currently in effect, an OTP Holder’s 6 or perfect the mechanism of a free and by the PCX. The Exchange has filed the OTP Firm’s 7 trade-through liability is open market and a national market proposal as a ‘‘non-controversial’’ rule limited to 25 contracts per Satisfaction system. change pursuant to Section 19(b)(3)(A) Order 8 for the period between five 3 B. Self-Regulatory Organization’s of the Act, and Rule 19b–4(f)(6) minutes prior to the close of trading in Statement on Burden on Competition thereunder,4 which renders the proposal the underlying security and the close of effective upon filing with the trading in the options class. The Exchange does not believe that Commission.5 The Commission is The proposed rule change would the proposed rule change will impose publishing this notice to solicit extend the Pilot Program for an any burden on competition not comments on the proposed rule change additional year, until January 31, 2006. necessary or appropriate in furtherance from interested persons. In addition, the proposal will increase of the purposes of the Act. the limit on trade-through liability at the I. Self-Regulatory Organization’s C. Self-Regulatory Organization’s end of the day from 25 contracts to 50 Statement on Comments on the Statement of the Terms of Substance of contracts. This increase in the limit on the Proposed Rule Change Proposed Rule Change Received From liability would be effective on February Members, Participants or Others The PCX is proposing to extend a 1, 2005, when the current pilot expires. The Exchange has neither solicited pilot program for a limitation on trade- The period during which this limit will nor received comments on the proposed through liability for certain orders apply will remain the same, from five rule change. submitted pursuant to the Plan for the minutes prior to the close of trading in Purpose of Creating and Operating an the underlying security until the close III. Date of Effectiveness of the Intermarket Option Linkage (the of trading in the options class. Proposed Rule Change and Timing for ‘‘Linkage Plan’’) during the period five The participants in the Linkage Plan Commission Action minutes before the close of trading of (‘‘Participants’’) are currently Because the foregoing rule change: (1) the underlying security until the close considering Linkage Plan amendments Does not significantly affect the of trading in the options class (‘‘Pilot that, if proposed and approved, could protection of investors or the public Program’’). The Pilot Program would be obviate the need for this limitation of interest; (2) does not impose any extended to January 31, 2006 and would liability. Specifically, the amendments significant burden on competition; and increase the limit on trade-through would increase the ability to receive 9 (3) does not become operative for 30 liability at the end of the day from 25 automatic execution of P/A Orders and days from the date on which it was contracts to 50 contracts. would provide tools to avoid trade- filed, or such shorter time as the The text of the proposed rule change through liability generally, including at Commission may designate if consistent is available on the PCX’s Web site at the end of the day. The Participants, with the protection of investors and the http://www.pacificex.com, at the including the Exchange, anticipate that public interest, the proposed rule Exchange’s Office of the Secretary, and these amendments could be in effect change has become effective pursuant to at the Commission’s Public Reference within a year. At that time, the Section 19(b)(3)(A) of the Act 12 and Room. Participants would either allow the pilot Rule 19b–4(f)(6) thereunder.13 to lapse, or, if they believed that a A proposed rule change filed under II. Self-Regulatory Organization’s continuation of the limitation was 14 Statement of the Purpose of, and Rule 19b–4(f)(6) normally does not appropriate, would discuss the matter become operative prior to 30 days after Statutory Basis for, the Proposed Rule further with Commission staff. Change the date of filing. However, Rule 19b– 2. Statutory Basis 4(f)(6)(iii) permits the Commission to In its filing with the Commission, designate a shorter time if such action The Exchange believes that the PCX included statements concerning the is consistent with the protection of proposed rule change is consistent with purpose of and basis for the proposed investors and the public interest. The Section 6(b) of the Act,10 in general, and rule change and discussed any Exchange has requested that the furthers the objectives of Section comments it received on the proposed Commission waive the five-day pre- 6(b)(5),11 in particular, because it is rule change. The text of these statements filing requirement and the 30-day designed to prevent fraudulent and may be examined at the places specified operative delay, as specified in Rule manipulative acts and practices, to in Item IV below. The Exchange has 19b–4(f)(6)(iii), and designate the promote just and equitable principles of prepared summaries, set forth in proposed rule change immediately change, to foster cooperation and Sections A, B, and C below, of the most operative. significant aspects of such statements. coordination with persons engaged in The Commission believes that facilitating transactions in securities, waiving the five-day pre-filing provision A. Self-Regulatory Organization’s and to remove impediments to and and the 30-day operative delay is Statement of the Purpose of, and consistent with the protection of Statutory Basis for, the Proposed Rule 6 See PCX Rule 1(q). investors and the public interest.15 By Change 7 See PCX Rule 1(r). 8 A ‘‘Satisfaction Order’’ is an order sent through waiving the pre-filing requirement and 1. Purpose the Linkage to notify a Participant Exchange of a accelerating the operative date, the Pilot Trade-Through and to seek satisfaction of the Program can continue without The purpose of this rule filing is to liability arising from that Trade-Through. See interruption. The Commission believes extend the pilot provision limiting Section 2(16)(c) of the Linkage Plan. that allowing the pilot to continue will trade-through liability at the end of the 9 A Principal Acting as Agent (‘‘P/A’’) Order is an day. Pursuant to the Pilot Program as order for the principal account of a Market Maker that is authorized to represent Customer orders, 12 15 U.S.C. 78s(b)(3)(A) reflecting the terms of a related unexecuted 13 17 CFR 240.19b–4(f)(6). 3 15 U.S.C. 78s(b)(3)(A). Customer order for which the Market Maker is 14 Id. 4 17 CFR 240.19b–4(f)(6). acting as agent. See Section 2(16)(a) of the Linkage 15 For purposes of accelerating the operative date 5 The PCX asked the Commission to waive the 30- Plan. of this proposal, the Commission has considered day operative delay. See Rule 19b–4(f)(6)(iii). 17 10 15 U.S.C. 78f(b). the proposed rule’s impact on efficiency, CFR 240.19b–4(f)(6)(iii). 11 15 U.S.C. 78f(b)(5). competition, and capital formation. 15 U.S.C. 78c(f).
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allow Participants to either gather available for inspection and copying at The proposed rule change and sufficient information to justify the need the principal offices of the PCX. All Amendment Nos. 1 and 2 were for the pilot program or determine that comments received will be posted published for comment in the Federal the exemption from trade-through without change; the Commission does Register on September 24, 2004.5 The liability is no longer necessary. not edit personal identifying Commission received no comment Increasing the maximum number of information from submissions. You letters on the proposed rule change and contracts to be satisfied with respect to should submit only information that Amendment Nos. 1 and 2. PCX filed Satisfaction Orders in the last seven you wish to make available publicly. All Amendment No. 3 to the proposed rule minutes of trading in options to 50 submissions should refer to File change on December 9, 2004.6 This contracts will enhance customer order Number SR–PCX–2005–08 and should order approves the proposed rule protection. be submitted on or before February 28, change and Amendment Nos. 1 and 2, At any time within 60 days of the 2005. and issues notice of filing of, and filing of such proposed rule change, the For the Commission, by the Division of approves on an accelerated basis, Commission may summarily abrogate Market Regulation, pursuant to delegated Amendment No. 3. authority.16 such rule change if it appears to the II. Description of the Proposed Rule Commission that such action is Jill M. Peterson, Change necessary or appropriate in the public Assistant Secretary. interest, for the protection of investors, The PCX, through its wholly-owned [FR Doc. E5–466 Filed 2–4–05; 8:45 am] subsidiary PCX Equities, Inc. (‘‘PCXE’’), or otherwise in furtherance of the BILLING CODE 8010–01–P purposes of the Act. has proposed to adopt new listing fees specifically for Structured Products IV. Solicitation of Comments SECURITIES AND EXCHANGE listed and traded on the Archipelago Interested persons are invited to COMMISSION Exchange. The proposed listing fees submit written data, views, and include a non-refundable listing arguments concerning the foregoing, [Release No. 34–51094; File No. SR–PCX– application fee, initial listing fees, and including whether the proposed rule 2004–43] annual maintenance fees for Structured Products. The proposal adds a change is consistent with the Act. Self-Regulatory Organizations; Order definition of ‘‘Structured Products’’ 7 to Comments may be submitted by any of Approving Proposed Rule Change and the PCXE rules to clarify which the following methods: Amendment Nos. 1 and 2 Thereto by products would be assessed the the Pacific Exchange, Inc. and Notice Electronic Comments proposed listing fees. of Filing and Order Granting • Use the Commission’s Internet In Amendment No. 3 to the proposed Accelerated Approval to Amendment comment form rule change, PCX added definitions of No. 3 Thereto Relating to a Proposed (http://www.sec.gov/rules/sro.shtml); or ‘‘Exchange-Traded Fund’’ 8 and Listing Fee Schedule for Structured • Send an e-mail to rule- ‘‘Closed-End Fund’’ 9 to the PCXE rules Products [email protected]. Please include File and a definition of ‘‘Funds’’ 10 to the Number SR–PCX–2005–08 on the January 28, 2005. PCXE fee schedule. Amendment No. 3 subject line. also modified the proposed definition of I. Introduction Paper Comments ‘‘Structured Products.’’ Amendment No. On May 11, 2004, the Pacific • Send paper comments in triplicate Exchange, Inc. (‘‘PCX’’) submitted to the 5 See Securities Exchange Act Release No. 50448 to Jonathan G. Katz, Secretary, Securities and Exchange Commission (October 1, 2004), 69 FR 58989. Securities and Exchange Commission, (‘‘Commission’’), pursuant to Section 6 In Amendment No. 3, PCX added definitions for 450 Fifth Street, NW., Washington, DC exchange-traded funds and closed-end funds and 19(b)(1) of the Securities Exchange Act added a statement to the fee schedule to clarify that 1 20549–0609. of 1934 (‘‘Act’’) and Rule 19b–4 the term ‘‘Funds’’ refers to exchange-traded funds All submissions should refer to File thereunder,2 a proposed rule change to and closed-end funds in order to properly Number SR–PCX–2005–08. This file amend its fee schedule to provide distinguish Funds from Structured Products. number should be included on the separate listing fees for structured 7 As modified by Amendment No. 3, Structured subject line if e-mail is used. To help the Products are defined as ‘‘products that are derived products. PCX filed Amendment No. 1 from and/or based on a single security or securities, Commission process and review your to the proposed rule change on August a basket of stocks, an index, a commodity, debt comments more efficiently, please use 9, 2004.3 PCX filed Amendment No. 2 issuance and/or a foreign currency, among other only one method. The Commission will to the proposed rule change on August things’’ and would include ‘‘index and equity post all comments on the Commission’s 4 linked notes, term notes and units generally 23, 2004. consisting of a contract to purchase equity and/or Internet Web site debt securities at a specified time.’’ (http://www.sec.gov/rules/sro.shtml). 16 17 CFR 200.30–3(a)(12). 8 Amendment No. 3 defines Exchange-Traded Copies of the submission, all subsequent 1 15 U.S.C. 78s(b)(1). Funds as ‘‘unit investment trusts, portfolio amendments, all written statements 2 17 CFR 240.19b–4. depository receipts and trust issued receipts with respect to the proposed rule 3 See letter from Tania Blanford, Regulatory designed to track the performance of the broad Policy, PCX, to Nancy J. Sanow, Assistant Director, stock or bond market, stock industry sector, and change that are filed with the Division of Market Regulation (‘‘Division’’), U.S. Treasury and corporate bonds, among other Commission, and all written Commission, dated August 5, 2004 (‘‘Amendment things.’’ communications relating to the No. 1’’). Amendment No. 1 replaced and 9 Amendment No. 3 defines Closed-End Funds proposed rule change between the superseded the original filing in its entirety. In (‘‘CEFs’’) as ‘‘a type of investment company Amendment No. 1, PCX added a definition of registered under the Investment Company Act of Commission and any person, other than ‘‘Structured Products’’ to the proposal and made 1940 that offers a fixed number of shares’’ that ‘‘are those that may be withheld from the other clarifying changes. professionally managed in accordance with the public in accordance with the 4 See letter from Tania Blanford, Regulatory CEF’s investment objectives and policies, and may provisions of 5 U.S.C. 552, will be Policy, PCX, to Nancy J. Sanow, Assistant Director, be invested in stocks, fixed income securities or a Division, Commission, dated August 20, 2004 combination of both.’’ available for inspection and copying in (‘‘Amendment No. 2’’). In Amendment No. 2, PCX 10 Amendment No. 3 provides that ‘‘Funds’’, as the Commission’s Public Reference made a minor typographical correction to its that term is used in the Fee Schedule, include Room. Copies of the filing also will be proposed rule text. Exchange-Traded Funds and Closed-End Funds.
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3 seeks to distinguish Structured IV. Discussion and Commission and 2, is hereby approved, and that Products from Funds and to further Findings Amendment No. 3 is hereby approved clarify the application of the different After careful review, the Commission on an accelerated basis. listing fees. finds that the proposed rule change, as For the Commission, by the Division of III. Solicitation of Comments amended, is consistent with the Act and Market Regulation, pursuant to delegated the rules and regulations thereunder authority.15 Interested persons are invited to applicable to a national securities Margaret H. McFarland, submit written data, views and exchange.11 In particular, the Deputy Secretary. arguments concerning Amendment No. Commission finds that the proposed [FR Doc. E5–471 Filed 2–4–05; 8:45 am] 3, including whether Amendment No. 3 rule change, as amended, is consistent BILLING CODE 8010–01–P is consistent with the Act. Comments with Section 6(b)(4) of the Act,12 which may be submitted by any of the requires that a national securities following methods: exchange’s rules provide for the SECURITIES AND EXCHANGE equitable allocation of reasonable dues, COMMISSION Electronic Comments fees, and other charges among its • (Use the Commission’s Internet members and issuers and other persons [Release No. 34–51118; File No. SR–PCX– comment form (http://www.sec.gov/ using its facilities. 2005–07] The Commission notes that the rules/sro.shtml); or proposed rule change would enact a Self-Regulatory Organizations; Notice • (Send an e-mail to rule- revised fee schedule to provide separate of Filing and Immediate Effectiveness [email protected]. Please include File fees for the listing of structured of Proposed Rule Change by the Number SR–PCX–2004–43 on the products. The Commission also notes Pacific Exchange, Inc. Relating to the subject line. that the proposed fees would apply OptiMark System Paper Comments indiscriminately to all issuers of structured products. The Commission February 1, 2005. • (Send paper comments in triplicate believes that the revised fee schedule Pursuant to Section 19(b)(1) of the to Jonathan G. Katz, Secretary, should provide clarity to issuers Securities Exchange Act of 1934 Securities and Exchange Commission, regarding the appropriate fees (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 450 Fifth Street, NW., Washington, DC applicable to structured products. notice is hereby given that on January 20549–0609. Therefore the Commission believes that 20, 2005, the Pacific Exchange, Inc. the proposed rule change, as amended, (‘‘PCX’’ or ‘‘Exchange’’), through its All submissions should refer to File is consistent with the Act. wholly owned subsidiary PCX Equities, Number SR–PCX–2004–43. This file The Commission finds good cause for Inc. (‘‘PCXE’’), filed with the Securities number should be included on the accelerating approval of Amendment and Exchange Commission subject line if e-mail is used. To help the No. 3 prior to the thirtieth day after (‘‘Commission’’) the proposed rule Commission process and review your publication in the Federal Register. The change as described in Items I and II comments more efficiently, please use Commission notes that the proposed below, which Items have been prepared only one method. The Commission will rule change and Amendment Nos. 1 and by the Exchange. The Exchange filed the post all comments on the Commission’s 2 thereto were noticed for the full proposed rule change pursuant to Internet Web site (http://www.sec.gov/ comment period and that no comments Section 19(b)(3)(A) of the Act 3 and Rule rules/sro.shtml). Copies of the have been received on the proposal. The 19b–4(f)(6) thereunder,4 which renders submission, all subsequent Commission further notes that the proposed rule change effective upon amendments, all written statements Amendment No. 3 merely clarifies the filing with the Commission. The with respect to the proposed rule proposal by adding definitions to its Commission is publishing this notice to change that are filed with the rules to codify the application of the solicit comments on the proposed rule Commission, and all written various fees for the different derivative change from interested persons. communications relating to the products. The Commission believes that I. Self-Regulatory Organization’s proposed rule change between the accelerated approval should permit PCX Statement of the Terms of Substance of Commission and any person, other than to begin promptly to assess the new the Proposed Rule Change those that may be withheld from the listing fees for structured products. For public in accordance with the this reason, the Commission finds good The Exchange proposes to amend its provisions of 5 U.S.C. 552, will be cause exists, consistent with Section rules governing the Archipelago available for inspection and copying in 13 19(b)(2) of the Act, to approve Exchange (‘‘ArcaEx’’), the equities the Commission’s Public Reference Amendment No. 3 on an accelerated trading facility of PCXE. The Exchange Room, 450 Fifth Street, NW., basis. proposes to delete certain rules that Washington, DC 20549. Copies of such V. Conclusion have been determined by the Exchange filing also will be available for as obsolete. The text of the proposed inspection and copying at the principal It is therefore ordered, pursuant to rule change is available at the 14 office of the Exchange. All comments Section 19(b)(2) of the Act, that the Exchange’s Web site (http:// received will be posted without change; proposed rule change (SR–PCX–2004– www.pacificex.com), at the Exchange’s the Commission does not edit personal 43), as amended by Amendment Nos. 1 office of the secretary, and at the identifying information from Commission’s public reference room. submissions. You should submit only 11 In approving this proposed rule change, the information that you wish to make Commission notes that it has considered the proposed rule’s impact on efficiency, competition, 15 17 CFR 200.30–3(a)(12). available publicly. All submissions and capital formation. See 15 U.S.C. 78c(f). 1 15 U.S.C. 78s(b)(1). should refer to File Number SR–PCX– 12 15 U.S.C. 78f(b)(4). 2 17 CFR 240.19b–4. 2004–43 and should be submitted on or 13 15 U.S.C. 78s(b)(2). 3 15 U.S.C. 78s(b)(3)(A). before February 28, 2005. 14 Id. 4 17 CFR 240.19b–4(f)(6).
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II. Self-Regulatory Organization’s B. Self-Regulatory Organization’s IV. Solicitation of Comments Statement of the Purpose of, and Statement on Burden on Competition Interested persons are invited to Statutory Basis for, the Proposed Rule The Exchange does not believe that submit written data, views, and Change the proposed rule change will impose arguments concerning the foregoing, any burden on competition that is not In its filing with the Commission, the necessary or appropriate in furtherance including whether the proposed rule Exchange included statements of the purposes of the Act. change is consistent with the Act. concerning the purpose of and basis for Comments may be submitted by any of the proposed rule change and discussed C. Self-Regulatory Organization’s the following methods: any comments it received on the Statement on Comments on the proposed rule change. The text of these Proposed Rule Change Received from Electronic Comments Members, Participants, or Others statements may be examined at the • (Use the Commission’s Internet places specified in Item IV below. The Written comments on the proposed comment form (http://www.sec.gov/ Exchange has prepared summaries, set rule change were neither solicited nor rules/sro.shtml); or forth in Sections A, B, and C below, of received. • the most significant aspects of such (Send an e-mail to rule- III. Date of Effectiveness of the statements. [email protected]. Please include File Proposed Rule Change and Timing for Number SR–PCX–2005–07 on the A. Self-Regulatory Organization’s Commission Action subject line. Statement of the Purpose of, and Because the foregoing proposed rule Paper Comments Statutory Basis for, the Proposed Rule change does not: (i) Significantly affect Change the protection of investors or the public • (Send paper comments in triplicate 1. Purpose interest; (ii) impose any significant to Jonathan G. Katz, Secretary, burden on competition; and (iii) become Securities and Exchange Commission, On December 9, 2003, the Exchange operative for 30 days from the date on 450 Fifth Street, NW., Washington, DC responded to a request from the which it was filed, or such shorter time 20549–0609. Commission’s Office of Compliance as the Commission may designate, if Inspections and Examinations with consistent with the protection of All submissions should refer to File respect to compliance with Section investors and the public interest, and Number SR–PCX–2005–07. This file 19(g) of the Act.5 The Exchange the Exchange provided the Commission number should be included on the performed a complete review of PCXE with written notice of its intent to file subject line if e-mail is used. To help the rules, as well as the surveillance the proposed rule change at least five Commission process and review your procedures thereto, and found a number business days prior to the date of filing comments more efficiently, please use of PCXE rules that are obsolete or of the proposed rule change, it has only one method. The Commission will superfluous in the current market become effective pursuant to Section post all comments on the Commission’s 8 structure. Therefore, the Exchange 19(b)(3)(A) of the Act and Rule 19b– Internet Web site (http://www.sec.gov/ 9 proposes to delete these rules at this 4(f)(6) thereunder. At any time within rules/sro.shtml). Copies of the time. 60 days of the filing of the proposed rule submission, all subsequent change, the Commission may summarily The proposed rules to be deleted are: amendments, all written statements abrogate such rule change if it appears with respect to the proposed rule (1) PCXE Rule 7.6, Commentary .04; (2) to the Commission that such action is PCXE Rule 7.39; and (3) PCXE Rules change that are filed with the necessary or appropriate in the public Commission, and all written 7.45–7.54. These rules relate to the interest, for the protection of investors, communications relating to the OptiMark System. The Exchange or otherwise in furtherance of the proposed rule change between the represents that ETP Holders have never purposes of the Act. had access to the OptiMark System and Although Rule 19b–4(f)(6) under the Commission and any person, other than the OptiMark System has never been Act 10 requires that an Exchange submit those that may be withheld from the used on ArcaEx. Hence, according to the a notice of its intent to file at least five public in accordance with the Exchange, all rules related to the business days prior to the filing date, provisions of 5 U.S.C. 552, will be OptiMark System are defunct. the Commission waived this available for inspection and copying in requirement at the Exchange’s request. the Commission’s Public Reference 2. Statutory Basis The Exchange has also requested that Room. Copies of such filing also will be The Exchange believes that the the Commission waive the 30-day available for inspection and copying at proposal is consistent with the operative delay. The Commission the principal office of the Exchange. All requirements of Section 6(b) of the Act,6 believes waiving the 30-day operative comments received will be posted in general, and Section 6(b)(5) of the delay is consistent with the protection without change; the Commission does Act,7 in particular, in that it is designed of investors and the public interest, not edit personal identifying to promote just and equitable principles since the proposed rule change deletes information from submissions. You of trade, to facilitate transactions in provisions from Exchange Rules that should submit only information that securities, to remove impediments to relate to a system that the Exchange you wish to make available publicly. All and perfect the mechanisms of a free never used. Thus, the Commission submissions should refer to File designates the proposal to be operative and open market and a national market Number SR–PCX–2005–07 and should upon filing with the Commission.11 system, and to protect investors and the be submitted on or before February 28, 2005. public interest. 8 15 U.S.C. 78s(b)(3)(A). 9 17 CFR 240.19b–4(f)(6). 5 15 U.S.C. 78s(g). 10 See id. considered the proposed rule’s impact on 6 15 U.S.C. 78f(b). 11 For purposes only of accelerating the operative efficiency, competition, and capital formation. 15 7 15 U.S.C. 78f(b)(5). date of this proposal, the Commission has U.S.C. 78c(f).
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For the Commission, by the Division of an Intermarket Option Linkage 2003.11 The Commission then granted Market Regulation, pursuant to delegated (‘‘Linkage Plan’’),7 which limits Trade- an extension of the pilot until June 30, authority.12 Through 8 liability at the end of the 2004 12 and then until January 31, Jill M. Peterson, options trading session, until January 2005.13 Assistant Secretary. 31, 2006. The extended pilot would The Exchange proposes to extend the [FR Doc. E5–472 Filed 2–4–05; 8:45 am] increase the limit on liability at the end pilot for an additional year, until BILLING CODE 8010–01–P of the trading session from 25 contracts January 31, 2006. In addition, the to 50 contracts per Satisfaction Order.9 Exchange proposes to increase the limit The text of the proposed rule change is on trade-through liability from 25 SECURITIES AND EXCHANGE available on the Phlx Web site (http:// contracts to 50 contracts per Satisfaction COMMISSION www.phlx.com), at the Phlx’s Office of Order received during the period [Release No. 34–51114; File No. SR–Phlx– the Secretary, and at the Commission’s between five minutes prior to the close 2005–07] Public Reference Room. of trading in the underlying security and the close of trading in the options class. II. Self-Regulatory Organization’s Self-Regulatory Organizations; This increase in the limit on liability Statement of the Purpose of, and Philadelphia Stock Exchange, Inc.; would be effective on February 1, 2005, Statutory Basis for, the Proposed Rule Notice of Filing and Immediate after the current pilot expires. Change Effectiveness of Proposed Rule As a condition to granting permanent Change and Amendment No. 1 Thereto In its filing with the Commission, the approval of this limitation, the Relating to the Extension of a Pilot Phlx included statements concerning Commission required that the options Limiting Trade-Through Liability at the the purpose of and basis for the exchanges participating in the Linkage End of the Options Trading Session proposed rule change and discussed any Plan (‘‘Participants’’) provide the comments it received on the proposed Commission with a report (‘‘Report’’) January 31, 2005. rule change. The text of these statements regarding data on the use of the Pursuant to Section 19(b)(1) of the may be examined at the places specified exemption no later than 60 days before Securities Exchange Act of 1934 in Item IV below. The Exchange has seeking permanent approval. The (‘‘Act’’),1 and Rule 19b–4 thereunder,2 prepared summaries, set forth in Participants have provided the notice is hereby given that on January Sections A, B, and C below, of the most Commission with certain information 27, 2005, the Philadelphia Stock significant aspects of such statements. required in the Report, and continue to Exchange, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) discuss with Commission staff what filed with the Securities and Exchange A. Self-Regulatory Organization’s additional information the staff may Commission (‘‘Commission’’) the Statement of the Purpose of, and need to evaluate possible permanent proposed rule change as described in Statutory Basis for, the Proposed Rule approval of the trade-through limitation. Items I and II below, which Items have Change This extension of the pilot would allow been prepared by the Exchange. On 1. Purpose the limitation to continue in effect, as January 28, 2005, the Exchange filed amended, while the Commission staff Amendment No. 1 to the proposed rule The purpose of the proposed rule change is to extend the pilot contained and the Participants continue to discuss change.3 The Exchange has filed the permanent approval. proposal as a ‘‘non-controversial’’ rule in Exchange Rule 1085(a)(2)(ii)(B), change pursuant to Section 19(b)(3)(A) which limits trade-through liability at 2. Statutory Basis of the Act,4 and Rule 19b–4(f)(6) the end of the options trading session. The Exchange believes that the thereunder,5 which renders the proposal Currently under the pilot, an Exchange proposed rule change, as amended, is effective upon filing with the member’s trade-through liability is consistent with Section 6(b) of the Act 14 Commission.6 The Commission is limited to 25 contracts per Satisfaction in general, and furthers the objectives of publishing this notice to solicit Order received during the period Section 6(b)(5) of the Act 15 in comments on the proposed rule change, between five minutes prior to the close particular, in that the proposed rule as amended, from interested persons. of trading in the underlying security and change is designed to perfect the the close of trading in the options class. mechanisms of a free and open market I. Self-Regulatory Organization’s The Commission temporarily approved and a national market system, protect Statement of the Terms of Substance of 10 the pilot on January 31, 2003, investors and the public interest, and the Proposed Rule Change followed by approval on June 18, promote just and equitable principles of The Phlx proposes to amend proposes trade by extending the pilot limiting to amend Exchange Rule 7 See Securities Exchange Act Release Nos. 44482 trade-through liability during the period 1085(a)(2)(ii)(B), Order Protection, to (June 27, 2001), 66 FR 35470 (July 5, 2001) (Amendment to Linkage Plan to Conform to the between five minutes prior to the close correspond to the extension of the Requirements of Securities Exchange Act Rule of trading in the underlying security and current pilot (‘‘pilot’’) under the Plan for 11Ac1–7); 43573 (November 16, 2000), 65 FR 70851 the close of trading in the options class the Purpose of Creating and Operating (November 28, 2000) (Approval of Phlx Joining the until January 31, 2006, and by Linkage Plan); and 43086 (July 28, 2000), 65 FR 48023 (August 4, 2000) (Order approving the 12 17 CFR 200.30–3(a)(12). Linkage Plan). 11 See Securities Exchange Act Release No. 48055 1 15 U.S.C. 78s(b)(1). 8 ‘‘Trade-Through’’ means a transaction in an (June 18, 2003), 68 FR 37869 (June 25, 2003) (Order 2 17 CFR 240.19b–4. options series at a price that is inferior to the NBBO. approving Joint Amendment No. 4). 3 See Form 19b–4 dated January 28, 2005 See Exchange Rule 1083(t). 12 See Securities Exchange Act Release No. 49146 (‘‘Amendment No. 1’’). In Amendment No. 1, the 9 A ‘‘Satisfaction Order,’’ is an order sent through (January 29, 2004), 69 FR 5618 (February 5, 2004) Exchange made technical corrections to the rule the Linkage to notify a member of another (Order approving Joint Amendment No. 8). text included in the original rule filing. Amendment Participant Exchange of a Trade-Through and to 13 See Securities Exchange Act Release No. 49863 No. 1 replaced the original filing it its entirety. seek satisfaction of the liability arising from that (June 15, 2004), 69 FR 35081 (June 23, 2004) ) 4 15 U.S.C. 78s(b)(3)(A). Trade-Through. See Exchange Rule 1083(k)(iii). (Order approving Joint Amendment No. 12). This 5 17 CFR 240.19b–4(f)(6). 10 See Securities Exchange Act Release No. 47298 extension increased the maximum liability from 10 6 The Phlx asked the Commission to waive the 30- (January 31, 2003), 68 FR 6524 (February 7, 2003) to 25 contracts. day operative delay. See Rule 19b–4(f)(6)(iii). 17 (Temporary effectiveness of pilot program on a 120- 14 15 U.S.C. 78f(b). CFR 240.19b–4(f)(6)(iii). day basis). 15 15 U.S.C. 78f(b)(5).
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increasing the limit on trade-through allow Participants to either gather Commission and any person, other than liability from 25 contracts to 50 sufficient information to justify the need those that may be withheld from the contracts per Satisfaction Order for the pilot program or determine that public in accordance with the received during the same period. the exemption from trade-through provisions of 5 U.S.C. 552, will be liability is no longer necessary. available for inspection and copying in B. Self-Regulatory Organization’s the Commission’s Public Reference Statement on Burden on Competition Increasing the maximum number of contracts to be satisfied with respect to Room. Copies of the filing also will be The Exchange does not believe that Satisfaction Orders in the last seven available for inspection and copying at the proposed rule change will impose minutes of trading in options to 50 the principal office of the Phlx. All any inappropriate burden on contracts will enhance customer order comments received will be posted competition. protection. without change; the Commission does C. Self-Regulatory Organization’s At any time within 60 days of the not edit personal identifying Statement on Comments on the filing of such proposed rule change, the information from submissions. You Proposed Rule Change Received from Commission may summarily abrogate should submit only information that Members, Participants or Others such rule change if it appears to the you wish to make available publicly. All Commission that such action is submissions should refer to File SR– The Exchange has neither solicited necessary or appropriate in the public Phlx–2005–07 and should be submitted nor received comments on the proposed interest, for the protection of investors, on or before January 28, 2005. rule change. or otherwise in furtherance of the For the Commission, by the Division of III. Date of Effectiveness of the purposes of the Act.20 Market Regulation, pursuant to delegated Proposed Rule Change and Timing for authority.21 IV. Solicitation of Comments Commission Action Jill M. Peterson, Interested persons are invited to Because the foregoing rule change: (1) Assistant Secretary. submit written data, views, and Does not significantly affect the [FR Doc. E5–467 Filed 2–4–05; 8:45 am] arguments concerning the foregoing, protection of investors or the public BILLING CODE 8010–01–P including whether the proposed rule interest; (2) does not impose any change is consistent with the Act. significant burden on competition; and Comments may be submitted by any of (3) does not become operative for 30 SECURITIES AND EXCHANGE the following methods: days from the date on which it was COMMISSION filed, or such shorter time as the Electronic Comments [Release No. 34–51116; File No. SR–Phlx– Commission may designate if consistent • Use the Commission’s Internet 2005–06] with the protection of investors and the comment form (http://www.sec.gov/ public interest, the proposed rule Self-Regulatory Organizations; Notice rules/sro.shtml); or of Filing and Immediate Effectiveness change has become effective pursuant to • Send an e-mail to rule- 16 of Proposed Rule Change by the Section 19(b)(3)(A) of the Act and [email protected]. Please include File Rule 19b–4(f)(6) thereunder.17 Philadelphia Stock Exchange, Inc. To Number SR–Phlx–2005–07 on the Extend Its Pilot Fee Schedule for A proposed rule change filed under subject line. Rule 19b–4(f)(6)18 normally does not Electronic Communications Networks Paper Comments become operative prior to 30 days after February 1, 2005. the date of filing. However, Rule 19b– • Send paper comments in triplicate Pursuant to Section 19(b)(1) of the 4(f)(6)(iii) permits the Commission to to Jonathan G. Katz, Secretary, Securities Exchange Act of 1934 designate a shorter time if such action Securities and Exchange Commission, (‘‘Act’’),1 and Rule 19b–4 thereunder,2 is consistent with the protection of 450 Fifth Street, NW., Washington, DC notice is hereby given that on January investors and the public interest. The 20549–0609. 26, 2005, the Philadelphia Stock Exchange has requested that the All submissions should refer to File Exchange, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) Commission waive the five-day pre- Number SR–Phlx–2005–07. This file filed with the Securities and Exchange filing requirement and the 30-day number should be included on the Commission (‘‘Commission’’) the operative delay, as specified in Rule subject line if e-mail is used. To help the proposed rule change as described in 19b–4(f)(6)(iii), and designate the Commission process and review your Items I, II, and III, below, which Items proposed rule change immediately comments more efficiently, please use have been prepared by the Phlx. The operative. only one method. The Commission will Commission is publishing this notice to The Commission believes that post all comments on the Commission’s solicit comments on the proposed rule waiving the five-day pre-filing provision Internet Web site (http://www.sec.gov/ change from interested persons. and the 30-day operative delay is rules/sro.shtml). Copies of the consistent with the protection of submission, all subsequent I. Self-Regulatory Organization’s 19 investors and the public interest. By amendments, all written statements Statement of the Terms of Substance of waiving the pre-filing requirement and with respect to the proposed rule the Proposed Rule Change accelerating the operative date, the Pilot change that are filed with the The Phlx proposes to amend its Program can continue without Commission, and all written schedule of fees to extend its current interruption. The Commission believes communications relating to the pilot program for an additional one-year that allowing the pilot to continue will proposed rule change between the period (until January 31, 2006), to continue to impose a $2,500 monthly 16 15 U.S.C. 78s(b)(3)(A). 20 For purposes of calculating the 60-day period fee for electronic communications 17 17 CFR 240.19b–4(f)(6). within which the Commission may summarily networks (‘‘ECNs’’) that are member 18 Id. abrogate the proposed rule change under Section 19 For purposes of accelerating the operative date 19(b)(3)(C) of the Act, the Commission considers of this proposal, the Commission has considered the period to commence on January 28, 2005, the 21 17 CFR 200.30–3(a)(12). the proposed rule’s impact on efficiency, date the Exchange filed Amendment No. 1 to the 1 15 U.S.C. 78s(b)(1). competition, and capital formation. 15 U.S.C. 78c(f). proposed rule change. See 15 U.S.C. 78s(c)(3)(C). 2 17 CFR 240.19b–4.
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organizations and send order flow to the intended to attract equity order flow Fee for Foreign Currency Options Exchange’s equity trading floor.3 The from ECNs to the Exchange by Participations, Phlx CCH Guide Fee, current pilot program is scheduled to continuing to substitute a fixed monthly Examinations Fee, Review/Process expire on January 31, 2005.4 fee, in light of the potential for high Subordinated Loans Fee, Registered The $2,500 fee would continue to volumes of order flow from ECNs.5 The Representative Registration fees, apply to ECN trades where the ECN is monthly fee will continue to apply to Trading Floor Personnel Registration not acting as a specialist or a floor ECN order flow to the Exchange’s equity Fee, Off-Floor Trader Initial Registration broker, but rather an order flow trading floor, including from ECNs that Fee and Annual Fee, and Remote provider. This fee is in lieu of the equity either became members or began Specialist fees. transaction value charge that would sending order flow after the Because the $2,500 fee is a flat normally apply to (non-specialist) commencement of the initial program. monthly fee as opposed to a per- equity trades. The $2,500 fee would continue to apply transaction fee, it is intended to No changes are being made to the to ECNs that are not acting as a Phlx encourage ECN volume. Currently, the Exchange’s Summary of Equity Charges specialist or floor broker.6 Currently, no equity transaction charge that would which is available at the principal office ECN operates from the Exchange’s otherwise apply to an ECN’s equity of the Phlx, and on the Phlx’s Web site, equity trading floor as a floor broker or trades ranges, based on share volumes, http://www.phlx.com/exchange/ specialist unit. If, however, an ECN did with a $50 maximum fee per trade side, memservices/feesched.pdf. operate from the equity trading floor, it and various other applicable discounts. II. Self-Regulatory Organization’s could be subject to various floor-related Thus, many variables determine 7 Statement of the Purpose of, and fees respecting its floor operation. In whether the proposed monthly $2,500 Statutory Basis for, the Proposed Rule addition, an ECN’s transactions as a fee is generally more favorable than the Change floor broker would be subject to the equity transaction charge, depending equity transaction charge and its upon the number of trades, size of the In its filing with the Commission, the specialists would be subject to other trade and type (i.e., PACE). As a general Phlx included statements concerning charges.8 Even if the ECN were acting as matter, the Exchange believes that the purpose of and basis for the a floor broker or specialist with respect $2,500 would be more favorable to the proposed rule change and discussed any to some trades, those trades for which ECN because it is a fixed amount. comments it received on the proposed it was not acting as a floor broker or The Exchange believes that the rule change. The text of these statements specialist, but rather an ECN, would be monthly ECN fee provides competitive may be examined at the places specified subject only to the flat monthly fee and fees with appropriate incentives, thus in Item IV below. The Phlx has prepared not other transaction charges. An ECN providing a reasonable method to attract summaries, set forth in sections A, B, that operates only as a specialist or floor large order flow providers such as ECNs and C below, of the most significant broker would not have to pay the to the Exchange. Additional order flow aspects of such statements. monthly fee, because it would, instead, should enhance liquidity, and improve A. Self-Regulatory Organization’s be paying the normal transaction the Exchange’s competitive position in Statement of the Purpose of, and charges applicable to floor brokers and equity trading. The Exchange believes Statutory Basis for, the Proposed Rule specialists. that structuring this fee for ECNs is Change An ECN would also continue to be appropriate, as ECNs are unique in their subject to, if applicable, the following role as order flow providers to the 1. Purpose membership-related fees: Permit Fees, Exchange. Specifically, ECNs operate a The purpose of the proposed rule Foreign Currency User Fees, unique electronic agency business, change is to extend for an additional Application Fee, Initiation Fee, Transfer similar to a securities exchange, as one-year period (until January 31, 2006) opposed to directly executing orders for the Exchange’s current ECN pilot 5 To recoup costs due from the Exchange to the their own customers as principal or program that imposes a $2,500 monthly Commission pursuant to Section 31(b) of the Act, 15 U.S.C. 78ee(b), the Exchange intends to continue agent. fee for ECNs that are member to apply such fee to ECNs, as the current fee organizations and send order flow to the schedule reflects. 2. Statutory Basis Exchange’s equity trading floor. The 6 An ECN would also continue to incur certain The Exchange believes that its continuation of the $2,500 fee is license fees and other fees as specified on the proposal to amend its schedule of fees Exchange’s schedule of dues, fees, and charges. In addition, an ECN would continue to incur specialist is consistent with Section 6(b) of the 3 As stated on the Phlx fee schedule, an ECN shall or equity floor brokerage transaction fees if it acts Act 9 in general, and furthers the mean any electronic system that widely as a Phlx specialist or floor broker. objectives of Section 6(b)(4) of the Act 10 disseminates to third parties orders entered therein 7 According to the Exchange, these include the in particular, in that it is an equitable by an Exchange market maker or over-the-counter Trading Post/Booth Fee, Trading Post w/Kiosk Fee, (‘‘OTC’’) market maker, and permits such orders to Kiosk Construction Fee (when requested by allocation of reasonable fees among be executed against in whole or in part; except that specialist), Controller Space Fee, Floor Facility Fee, Exchange members, due to the unique the term ECN shall not include: any system that Shelf Space on Equity Option Trading Floor Fee, character of ECNs, and because the fixed crosses multiple orders at one or more specified Computer Equipment Services, Repairs or monthly fee is a reasonable method of times at a single price set by the ECN (by algorithm Replacements Fee and Computer Relocation or by any derivative pricing mechanism) and does Requests Fee. Certain communications fees could attracting a new form of order flow to not allow orders to be crossed or executed against also apply, such as the Direct Wire to the Floor Fee, the Exchange. directly by participants outside of such times; or Telephone System Line Extensions, Wireless any system operated by, or on behalf of, an OTC Telephone System, Tether Initial Connectivity Fee, B. Self-Regulatory Organization’s market-maker or exchange market-maker that Tether Monthly Service Fee, Execution Services/ Statement on Burden on Competition executes customer orders primarily against the Communication Charge, Stock Execution Machine account of such market maker as principal, other Registration Fee (Equity Floor), Equity, Option, or The Exchange does not believe that than riskless principal. See also Rule 11Ac1–1(a)(8) FCO Transmission Charge, FCO Pricing Tape, the proposed rule change would impose under the Act, 17 CFR 240.11Ac1–1(a)(8) (defining Option Report Service Fee, Instinet, and Reuters any inappropriate burden on ECN for the purposes of Rule 11Ac1–1(c)(5)). Equipment Pass-Through Fee. competition. 4 See Securities Exchange Act Release No. 49173 8 For example, certain license fees may apply to (February 2, 2004), 69 FR 6358 (February 10, 2004) specialists, and the Equity Floor Brokerage (extending the ECN fee pilot program until January Assessment and Equity Floor Brokerage Transaction 9 15 U.S.C. 78f(b). 31, 2005). Fee apply to floor brokerage activity. 10 15 U.S.C. 78f(b)(4).
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C. Self-Regulatory Organization’s proposed rule change between the Section 19(b)(3)(A)(ii) of the Act 4 and Statement on Comments on the Commission and any person, other than Rule 19b–4(f)(2) 5 thereunder, which Proposed Rule Change Received From those that may be withheld from the renders the proposal effective upon Members, Participants, or Others public in accordance with the filing with the Commission. The No written comments were either provisions of 5 U.S.C. 552, will be Commission is publishing this notice to solicited or received. available for inspection and copying in solicit comments on the proposed rule the Commission’s Public Reference change from interested persons. III. Date of Effectiveness of the Room. Copies of the filing also will be I. Self-Regulatory Organization’s Proposed Rule Change and Timing for available for inspection and copying at Commission Action Statement of the Terms of Substance of the principal office of the Phlx. All the Proposed Rule Change The foregoing rule change has become comments received will be posted effective immediately pursuant to without change; the Commission does The Phlx proposes to amend its Section 19(b)(3)(A)(ii) of the Act 11 and not edit personal identifying Equity Option Specialist Deficit Rule 19b–4(f)(2) 12 thereunder, in that it information from submissions. You (Shortfall) Fee (‘‘shortfall fee’’) in two establishes or changes a due, fee, or should submit only information that ways: (1) To include Streaming Quote other charge imposed by the Exchange. you wish to make available publicly. All Options traded on Phlx XL, the At any time within 60 days of the filing submissions should refer to File Exchange’s electronic trading platform of such proposed rule change, the Number SR–Phlx–2005–06 and should for options, in the shortfall fee calculation, which have thus far been Commission may summarily abrogate be submitted on or before February 28, exempt from the shortfall fee; and (2) to such rule change if it appears to the 2005. amend the amount of the shortfall fee Commission that such action is For the Commission, by the Division of cap and revise how it is applied per necessary of appropriate in the public Market Regulation, pursuant to delegated option for the top 120 options, interest, for the protection of investors, authority.13 including Streaming Quote Options or otherwise in the furtherance of the Jill M. Peterson, traded on Phlx XL. purposes of the Act. Assistant Secretary. Currently, specialists 6 are required to IV. Solicitation of Comments [FR Doc. E5–470 Filed 2–4–05; 8:45 am] reach a total national monthly contract BILLING CODE 8010–01–P volume of at least 12 percent in any top Interested persons are invited to 7 8 submit written data, views, and 120 option, in most cases, in order not arguments concerning the foregoing, to be charged a monthly shortfall fee of SECURITIES AND EXCHANGE 8 including whether the proposed rule $0.35 per contract by the Phlx. COMMISSION However, the shortfall fee is currently change is consistent with the Act. not applicable to top 120 Streaming Comments may be submitted by any of [Release No. 34–51096; File No. SR–Phlx– Quote Options traded on Phlx XL.10 At the following methods: 2004–96] this time, the Exchange proposes to Electronic Comments Self-Regulatory Organizations; charge equity options specialist units • Use the Commission’s Internet Philadelphia Stock Exchange, Inc.; the shortfall fee of $0.35 per contract comment form (http://www.sec.gov/ Notice of Filing and Immediate currently in effect to be paid monthly in rules/sro.shtml); or Effectiveness of Proposed Rule connection with transactions in any top • Send an e-mail to rule- Change and Amendments No. 1 and 120 Streaming Quote Option traded on [email protected]. Please include File No. 2 Thereto Relating to its Equity Phlx XL if at least 12 percent of the total Number SR–Phlx–2005–06 on the Option Specialist Deficit (Shortfall) Fee subject line. 4 15 U.S.C. 78s(b)(3)(A)(ii). January 28, 2005. 5 17 CFR 240.19b–4(f)(2). Paper Comments Pursuant to Section 19(b)(1) of the 6 The Exchange uses the terms ‘‘specialist unit’’ • Securities Exchange Act of 1934 and ‘‘specialist’’ interchangeably herein. Send paper comments in triplicate 7 1 2 A top 120 option is defined as one of the 120 to Jonathan G. Katz, Secretary, (‘‘Act’’), and Rule 19b–4 thereunder, most actively traded equity options in terms of the Securities and Exchange Commission, notice is hereby given that on December total number of contracts in that option that were 450 Fifth Street, NW., Washington, DC 30, 2004, the Philadelphia Stock traded nationally for a specified month, based on volume reflected by The Options Clearing 20549–0609. Exchange, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) filed with the Securities and Exchange Corporation. All submissions should refer to File 8 An exception to the 12 percent volume Number SR–Phlx–2005–06. This file Commission (‘‘Commission’’) the threshold amount relates to a transition period for number should be included on the proposed rule change as described in newly listed top 120 options or for any top 120 subject line if e-mail is used. To help the Items I and II below, which Items have option (including those equity options listed on the Exchange before February 1, 2004) acquired by a Commission process and review your been prepared by the Exchange. The new specialist unit. During the transition period, comments more efficiently, please use Phlx submitted Amendments No.1 and the shortfall fee is imposed in stages such that the only one method. The Commission will No. 2 to the proposal on January 25, requisite volume threshold is zero percent for the post all comments on the Commission’s 2005, and January 28, 2005, first full calendar month of trading, three percent 3 for the second full calendar month of trading, six Internet Web site (http://www.sec.gov/ respectively. The proposed rule percent for the third full calendar month of trading, rules/sro.shtml). Copies of the change, as amended, has been filed by nine percent for the fourth full calendar month of submission, all subsequent the Phlx as establishing or changing a trading and 12 percent for the fifth full calendar due, fee, or other charge, pursuant to month of trading (and thereafter). See Securities amendments, all written statements Exchange Act Release No. 49324 (February 26, with respect to the proposed rule 2004), 69 FR 10089 (March 3, 2004) (SR–Phlx– change that are filed with the 13 13 17 CFR 200.30–3(a)(12). 2004–08). Commission, and all written 1 15 U.S.C. 78s(b)(1). 9 See Securities Exchange Act Release No. 48206 2 communications relating to the 17 CFR 240.19b–4. (July 22, 2003), 68 FR 44555 (July 29, 2003) (SR– 3 Amendments No. 1 and No. 2 made clarifying Phlx–2003–45). changes to the tiered threshold schedule applicable 10 See Securities Exchange Act Release No. 50332 11 15 U.S.C. 78s(b)(3)(A)(ii). during the transition period, described at infra note (September 9, 2004), 69 FR 55858 (September 16, 12 17 CFR 240.19b–4(f)(2). 8, and other minor technical changes. 2004) (SR–Phlx–2004–49).
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national monthly contract volume in is scheduled to be effective for trades allocation of reasonable fees among that option is not effected on the settling on or after January 3, 2005. Exchange members. Exchange in that month. The text of the proposed rule change The Exchange also proposes to amend B. Self-Regulatory Organization’s is available on the Phlx’s Web site Statement on Burden on Competition the amount of the shortfall fee cap and (http://www.phlx.com), at the Phlx’s its application. The shortfall fee cap will Office of the Secretary, and at the The Exchange does not believe that be applicable to all top 120 options Commission. the proposed rule change, as amended, pursuant to the following schedule: 11 will impose any inappropriate burden • If Phlx volume in any top 120 II. Self-Regulatory Organization’s on competition. equity option, except options on Statement of the Purpose of, and Nasdaq-100 Index Tracking Stock SM Statutory Basis for, the Proposed Rule C. Self-Regulatory Organization’s (traded under the symbol ‘‘QQQQ’’),12 is Change Statement on Comments on the less than or equal to 50 percent of the Proposed Rule Change Received from In its filing with the Commission, the Members, Participants, or Others current threshold volume (presently 6 Phlx included statements concerning percent), a cap of $10,000 will apply. the purpose of and basis for the No written comments were either • If Phlx volume in any top 120 proposed rule change and discussed any solicited or received. equity option, except options on QQQQ, comments it received on the proposed is greater than 50 percent of the current III. Date of Effectiveness of the rule change. The text of these statements threshold volume (presently 6 percent) Proposed Rule Change and Timing for and less than 12 percent of the total may be examined at the places specified Commission Action in Item IV below. The Phlx has prepared national monthly contract volume, a cap The foregoing proposed rule change, summaries, set forth in sections A, B, of $5,000 will apply. as amended, has become effective and C below, of the most significant • If Phlx volume in options on QQQQ pursuant to Section 19(b)(3)(A)(ii) of the aspects of such statements. is less than or equal to 50 percent of the Act 16 and Rule 19b–4(f)(2) 17 current threshold volume (presently 6 A. Self-Regulatory Organization’s thereunder, because it changes a fee percent), a cap of $20,000 will apply. Statement of the Purpose of, and imposed by the Exchange. At any time • If Phlx volume in options on QQQQ Statutory Basis for, the Proposed Rule within 60 days of the filing of the is greater than 50 percent of the current Change proposed rule change, as amended, the threshold volume (presently 6 percent) Commission may summarily abrogate 1. Purpose and less than 12 percent of the total such rule change if it appears to the national monthly contract volume, a cap The shortfall fee is designed to create Commission that such action is of $10,000 will apply. an incentive for options specialists to necessary or appropriate in the public All other aspects of the shortfall fee promote the options for which they are interest, for the protection of investors, 13 will remain unchanged. The proposal the designated specialists. The purpose or otherwise in furtherance of the purposes of the Act.18 11 of applying the shortfall fee to Currently, the Exchange imposes a limit of Streaming Quote Options is to $10,000 to the specialists on the amount of the IV. Solicitation of Comments shortfall fee per option, per month for any top 120 encourage specialist units trading in the option, excluding options traded on Phlx XL, top 120 options to garner a certain Interested persons are invited to provided that the market share effected on the Phlx percentage of market share. In addition, submit written data, views, and for that top 120 option is equal to or greater than arguments concerning the foregoing, 50 percent of the applicable national monthly the Exchange believes that amending contract volume threshold in effect. The volume the shortfall fee cap should encourage including whether the proposed rule threshold is 12 percent in most cases. Therefore, for specialists to continue to compete for change is consistent with the Act. each month, if a specialist unit trades an amount market share in the top 120 options, Comments may be submitted by any of equal to or greater than 6 percent of the total the following methods: national market share, the shortfall fee is imposed, while reducing the economic burden on but is currently limited to $10,000 per option, per specialists who are competing for order Electronic Comments month. See Securities Exchange Act Release No. flow in the national market in the top • 49324 (February 26, 2004), 69 FR 10089 (March 3, 120 options. The Exchange believes that Use the Commission’s Internet 2004) (SR–Phlx–2004–08). Pursuant to this comment form (http://www.sec.gov/ proposal, the amount of the cap and how it is it is appropriate to establish higher shortfall fee caps for options on QQQQ rules/sro.shtml); or applied per option will change. • 12 The Nasdaq-100, Nasdaq-100 Index, because the volume in that option far Send an E-mail to rule- Nasdaq, The Nasdaq Stock Market, Nasdaq-100 exceeds the volume in any other option. [email protected]. Please include File SharesSM, Nasdaq-100 TrustSM, Nasdaq-100 Index Number SR–Phlx–2004–96 on the Tracking StockSM, and QQQSM are trademarks or 2. Statutory Basis subject line. service marks of The Nasdaq Stock Market, Inc. (‘‘Nasdaq’’) and have been licensed for use for The Exchange believes that its Paper Comments certain purposes by the Philadelphia Stock proposal to amend its schedule of fees Exchange pursuant to a License Agreement with • Send paper comments in triplicate Nasdaq. The Nasdaq-100 Index (the ‘‘Index’’) is is consistent with Section 6(b) of the Act,14 in general, and furthers the to Jonathan G. Katz, Secretary, determined, composed, and calculated by Nasdaq Securities and Exchange Commission, without regard to the Licensee, the Nasdaq-100 objectives of Section 6(b)(4) of the Act,15 TrustSM, or the beneficial owners of Nasdaq-100 in particular, in that it is an equitable 450 Fifth Street, NW., Washington, DC SharesSM. Nasdaq has complete control and sole 20549–0609. discretion in determining, comprising, or All submissions should refer to File calculating the Index or in modifying in any way addition, the $10,000 cap applied in connection Number SR–Phlx–2004–96. This file its method for determining, comprising, or with the tiered threshold schedule for any newly calculating the Index in the future. listed top 120 option and any top 120 option 13 For example, the total volume calculation for acquired by a new specialist unit, not affiliated with 16 15 U.S.C. 78(s)(b)(3)(A)(ii). purposes of determining the requisite threshold will an existing Phlx options specialist unit, will remain 17 17 17 CFR 240.19b–4(f)(2). continue to be based on the current month’s volume unchanged. See Securities Exchange Act Release 18 See 15 U.S.C. 78s(b)(3)(C). For purposes of and the three-month differentiation to determine No. 49324 (February 26, 2004), 69 FR 10089 (March calculation the 60-day abrogation period, the whether an equity option is considered a top 120 3, 2004) (SR–Phlx–2004–08). Commission considers the period to commence on option will also remain in effect, i.e. December’s top 14 15 U.S.C. 78f(b). January 28, 2005, the date the Phlx filed 120 options are based on September’s volume. In 15 15 U.S.C. 78f(b)(4). Amendment No. 2.
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number should be included on the to Aarohi Communications, Inc. The of submission of such maps, a subject line if e-mail is used. To help the financing is contemplated for working description of projected aircraft Commission process and review your capital and general corporate purposes. operations, and the ways in which such comments more efficiently, please use The financing is brought within the operations will affect such maps. The only one method. The Commission will purview of § 107.730(a)(1) of the Act requires such maps to be developed post all comments on the Commission’s Regulations because Telesoft Partners II in consultation with interested and Internet Web site (http://www.sec.gov/ QP, L.P., Telesoft Partners II, L.P. and affected parties in the local community, rules/sro.shtml). Copies of the Telesoft NP Employee Fund, LLC, all government agencies, and persons using submission, all subsequent Associates of Telesoft Partners II SBIC, the airport. An airport operator who has amendments, all written statements L.P., own more than ten percent of submitted noise exposre maps that are with respect to the proposed rule Aarohi Communications, Inc. found by FAA to be in compliance with change that are filed with the Notice is hereby given that any the requirements of Federal Aviation Commission, and all written interested person may submit written Regulations (FAR) part 150, communications relating to the comments on the transaction to the promulgated pursuant to the Act may proposed rule change between the Associate Administrator for Investment, submit a noise compatibility program Commission and any person, other than U.S. Small Business Administration, for FAA approval which sets forth the those that may be withheld from the 409 Third Street, SW., Washington, DC measures the operator has taken or public in accordance with the 20416. proposes to take to reduce existing non- provisions of 5 U.S.C. 552, will be Dated: January 6, 2005. compatible uses and prevent the available for inspection and copying in Jaime Guzman-Fournier, introduction of additional non- the Commission’s Public Reference compatible uses. Acting Associate Administrator for Room. Copies of the filing also will be Investment. The FAA has completed its review of available for inspection and copying at [FR Doc. 05–2273 Filed 2–4–05; 8:45 am] the noise exposure maps and the principal office of the Phlx. All BILLING CODE 8025–01–P accompanying documentation comments received will be posted submitted by City of Scottsdale, without change; the Commission does Arizona. The documentation that not edit personal identifying DEPARTMENT OF TRANSPORTATION constitutes the ‘‘Noise Exposure Maps’’ information from submissions. You as defined in section 150.7 of part 150 should submit only information that Federal Aviation Administration includes: Exhibit 1 ‘‘Existing Conditions you wish to make available publicly. All (2004) Noise Exposure Map,’’ and submissions should refer to File Noise Exposure Map Notice for Exhibit 2 ‘‘Five-Year Forecast (2009) Number SR–Phlx–2004–96 and should Scottsdale Airport, Scottsdale, CA Noise Exposure Map.’’ The Noise be submitted on or before February 28, Exposure Maps contain current and 2005. AGENCY: Federal Aviation forecast information including the Administration, DOT. For the Commission, by the Division of depiction of the airport and its Market Regulation, pursuant to delegated ACTION: Notice. boundaries, the runway configurations, authority.19 land uses such as residential, open SUMMARY: The Federal Aviation Jill M. Peterson, space, commercial/office, community Administration (FAA) announces its facilities, libraries, churches, open Assistant Secretary. determination that the noise exposure space, infrastructure, vacant and [FR Doc. E5–476 Filed 2–4–05; 8:45 am] maps submitted by City of Scottsdale for warehouse and those areas within the BILLING CODE 8010–01–P Scottsdale Airport under the provisions Yearly Day-Night Average Sound Level of 49 U.S.C. 47501 et seq (Aviation (DNL) 65, 70a nd 75 noise contours. Safety and Noise Abatement Act) and 14 Estimates for the number of people SMALL BUSINESS ADMINISTRATION CFR part 150 are in compliance with within these contours for the year 2004 applicable requlirements. [License No. 09/79–0432] are shown in Table 4A. Estimates of the EFFECTIVE DATE: The effective date of the future residential population within the Telesoft Partners II SBIC, L.P.; Notice FAA’s determination of the noise 2009 noise controus are shown in Table Seeking Exemption Under Section 312 exposure maps is January 21, 2005. 4A. Estimates of the future residential of the Small Business Investment Act, FOR FURTHER INFORMATION CONTACT: population within the 2009 noise Conflicts of Interest Michelle Simmons, Federal Aviation controus are shown in Table 4D. Exhibit Notice is hereby given that Telesoft Administration, Western Pacific Region 3L displays the location of noise Partners II SBIC, L.P., 1450 Fashion Headquarters, P.O. Box 92007, Los monitoring sites. Flight tracks for the Island Blvd., Suite 610, San Mateo, CA Angeles, California 9009, Telephone existing and the five-year forecast Noise 94404, a Federal Licensee under the 310/725–3614. Exposure Maps are found in Exhibits Small Business Investment Act of 1958, SUPPLEMENTARY INFORMATION: This 3D, 3E, 3F and 3G. The type and as amended (‘‘the Act’’), in connection notice announces that the FAA finds frequency of aircraft operations with the financing of a small concern, that the noise exposure maps submitted (including nighttime operations) are has sought an exemption under section for Scottsdale Airport are in compliance found in Tables 3A and 3B. The FAA 312 of the Act and section 107.730, with applicable requirements of part has determined that these noise Financings which Constitute Conflicts 150, effective January 21, 2005. Under exposure maps and accompanying of Interest of the Small Business 49 U.S.C. section 47503 of the Aviation documentation are in compliance with Administration (‘‘SBA’’) Rules and Safety and Notice Abatement Act applicable requirements. This Regulations (13 CFR 107.730). Telesoft (hereinafter referred to as ‘‘the Act’’), an determination is effective on January 21, Partners II SBIC, L.P. proposes to airport operator may submit to the FAA 2005. provide equity/debt security financing noise exposure maps which meet FAA’s determination on an airport applicable regualtions and which depict operator’s noise exposure maps is 19 17 CFR 200.30–3(a)(12). non-compatible land uses as of the date limited to a finding that the maps were
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developed in accordance with the Issued in Hawthorne, California, on On January 28, 2005, the FAA procedures contained in Appendix A of January 21, 2005. determined that the application to FAR part 150. Such determination does Mark A. McClardy, impose and use the revenue from a PFC not constitute approval of the Manager, Airports Division, AWP–600, submitted by Lehigh-Northampton applicant’s data, information or plans, Western-Pacific Region. Airport Authority was substantially or a commitment to approve a noise [FR Doc. 05–2231 Filed 2–4–05; 8:45 am] complete within the requirements of compatibility program or to fund the BILLING CODE 4910–13–M section 158.25 of part 158. The FAA implementation of that program. If will approve or disapprove the questions arise concerning the precise application, in whole or in part, no later DEPARTMENT OF TRANSPORTATION than May 6, 2005. relationship of specific properties to The following is a brief overview of noise exposure contours depicted on a Federal Aviation Administration the application. noise exposure map submitted under Proposed charge effective date: June section 47503 of the Act, it should be Notice of Intent To Rule on Application 1, 2005. noted that the FAA is not involved in 05–07–00–ABE To Impose and Use the Proposed charge expiration date: any way in determining the relative Revenue From a Passenger Facility August 1, 2005. locations of specific properties with Charge (PFC) at Lehigh Valley Level of the proposed PFC: $4.50. regard to the depicted noise contours, or International Airport, Allentown, PA Total estimated PFC revenue: in interpreting the noise exposure maps $27,940,236. AGENCY: Federal Aviation Brief description of proposed to resolve questions concerning, for Administration (FAA), DOT. example, which properties should be project(s): Main Terminal Renovations & ACTION: Notice of intent to rule on covered by the provisions of section Additions Class or classes of air carriers application. which the public agency has requested 47506 of the Act. These functions are not be required to collect PFCs: Air inseparable from the ultimate land use SUMMARY: The FAA proposes to rule and Taxi/Commercial Operators (ATCO). control and planning responsibilities of invites public comment on the Any person may inspect the local government. These local application to impose and use the application in person at the FAA office revenue from a PFC at Lehigh Valley responsibilities are not changed in any listed above under FOR FURTHER International Airport under the way under part 150 or through FAA’s INFORMATION CONTACT and at the FAA review of noise exposure maps. provisions of the 49 U.S.C. 40117 and regional Airports office located at: Therefore, the responsibility for the part 158 of the Federal Aviation Eastern Region, Airports Division, AEA– detailing overlaying of noise exposure Regulations (14 CFR part 158). 610, 1 Aviation Plaza, Jamaica, New contours onto the map depicting DATES: Comments must be received on York 11434. properties on the surface rests or before March 9, 2005. In addition, any person may, upon exclusively with the airport operator ADDRESSES: Comments on this request, inspect the application, notice that submitted those maps, or with application may be mailed or delivered and other documents germane to the those public agencies and planning in triplicate to the FAA at the following application in person at the Lehigh- agencies with which consultation is address: Ms. Lori Ledebohm, Northampton Airport Authority. required under section 47503 of the Act. Community Planner/PFC Contact, Issued in Camp Hill, Pennsylvania, on The FAA has relied on the certification Harrisburg Airports District Office, 3905 January 28, 2005. by the airport operator, under section Hartzdale Drive, Suite 508, Camp Hill, Wayne T. Heibeck, PA 17011. Manager, Harado Eastern Region. 150.21 of FAR part 150, that the In addition, one copy of any [FR Doc. 05–2219 Filed 2–4–05; 8:45 am] statutorily required consultation has comments submitted to the FAA must been accomplished. be mailed or delivered to Mr. Lawrence BILLING CODE 4910–13–M Copies of the full noise exposure map J. Krauter of the Lehigh-Northampton documentation and of the FAA’s Airport Authority at the following DEPARTMENT OF TRANSPORTATION evaluation of the maps are available for address: 3311 Airport Road, Allentown, examination at the following locations: PA 18109–3040. Federal Railroad Administration Air carriers and foreign air carriers Federal Aviation Administration, may submit copies of written comments Petition for Waiver of Compliance Community and Environmental Needs previously provided to the Lehigh- Division, APP–600, 800 Independence In accordance with Part 211 of Title Northampton Airport Authority under 49 Code of Federal Regulations (CFR), Avenue, SW., Washington, DC 20591. section 158.23 of Part 158. Federal Aviation Administration, notice is hereby given that the Federal FOR FURTHER INFORMATION CONTACT: Lori Railroad Administration (FRA) received Western-Pacific Region, Airports Ledebohm, Community Planner/PFC a request for a waiver of compliance Division, Room 3012, 15000 Aviation contact, Harrisburg Airports District with certain requirements of its safety Boulevard, Hawthorne, California Office, 3905 Hartzdale Drive, Suite 508, standards. The individual petition is 90261. Camp Hill, PA 17011, 717–730–2835. described below, including the party Scott Gray, Aviation Director, City of The application may be reviewed in seeking relief, the regulatory provisions Scottsdale, Aviation Department, 15000 person at this same location. involved, the nature of the relief being N. Airport Drive Suite 200, Scottsdale, SUPPLEMENTARY INFORMATION: The FAA requested, and the petitioner’s Arizona 85260. proposed to rule and invites public arguments in favor of relief. comment on the application to impose Questions may be directed to the and use the revenue from a PFC at New York & Lake Erie Railroad (NYLE) individual named above under the Lehigh Valley International Airport (Waiver Petition Docket Number FRA– heading FOR FURTHER INFORMATION under the provisions of the 49 U.S.C. 2004–19950) CONTACT. 40117 and part 158 of the Federal The New York & Lake Erie Railroad Aviation Regulations (14 CFR part 158). (NYLE) seeks a waiver of compliance
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from certain provisions of the Safety submitted on behalf of an association, which have been recently retired from Glazing Standards, 49 CFR Part 223, business, labor union, etc.). You may service and scrapped, were operating which requires certified glazing in all review DOT’s complete Privacy Act with laminated safety glazing under a windows. The NYLE is a short line Statement in the Federal Register similar waiver granted in 1980 [FRA freight carrier that travels 29.5 miles published on April 11, 2000 (Volume Docket Number RSGM–80–1]. There through rural countryside and small 65, Number 70; Pages 19477–78). The have been no reported acts of vandalism communities, averaging 1.5 times per Statement may also be found at http:// or breakage of caboose glazing caused by week. The number of cars hauled per dms.dot.gov. striking objects. Cabooses C–100, 101, train is 5 cars or less. The railroad has Issued in Washington, DC, on February 1, 102, 103, 104, 105, 107, 108, and 109 two line segments, which are connected 2005. will be operating over the same routes and extend from Cattaraugus, NY to Grady C. Cothen, Jr., and schedules as the equipment covered Dayton, NY (10.1 miles) and from Acting Associate Administrator for Safety. by the previous waiver. Conewango Valley, NY to Gowanda, NY Interested parties are invited to (19.4 miles). The point of interchange is [FR Doc. 05–2235 Filed 2–4–05; 8:45 am] BILLING CODE 4910–06–P participate in these proceedings by in Gowanda, NY. submitting written views, data, or This request is for three locomotives, comments. FRA does not anticipate specifically locomotive numbers NYLE DEPARTMENT OF TRANSPORTATION scheduling a public hearing in 6101, NYLE 1013, and NYLE 308. At the connection with these proceedings since present time, NYLE 6101 is equipped Federal Railroad Administration the facts do not appear to warrant a with Safety Glass, AS–2, 230, 5, and hearing. If any interested party desires DOT 1. NYLE 1013 is equipped with Petition for Waiver of Compliance an opportunity for oral comment, they Laminated Safety Glass AS–1, DOT should notify FRA, in writing, before 14M–220–ASI–030. NYLE 308 is In accordance with Part 211 of Title the end of the comment period and equipped with Clear Laminated Safety 49 Code of Federal Regulations (CFR), specify the basis for their request. Glass, AS–2 101. The railroad claims notice is hereby given that the Federal that they have not had any problems Railroad Administration (FRA) received All communications concerning these with window breakage due to a request for a waiver of compliance proceedings should identify the vandalism, and they have not had to with certain requirements of its safety appropriate docket number (e.g., Waiver replace glass due to breakage from flying standards. The individual petition is Petition Docket Number FRA–2004– objects. described below, including the party 19260 ) and must be submitted in Interested parties are invited to seeking relief, the regulatory provisions triplicate to the Docket Clerk, DOT participate in these proceedings by involved, the nature of the relief being Central Docket Management Facility, submitting written views, data, or requested, and the petitioner’s Room Pl–401, Washington, DC. 20590– comments. FRA does not anticipate arguments in favour of relief. 0001. Communications received within 45 days of the date of this notice will scheduling a public hearing in Union Railroad Company connection with these proceedings since be considered by FRA before final the facts do not appear to warrant a [Docket Number FRA–2004–19260] action is taken. Comments received after hearing. If any interested party desires The Union Railroad (URR), a Class III that date will be considered as far as an opportunity for oral comment, they switching railroad, seeks a waiver of practicable. All written communications should notify FRA, in writing, before compliance from the requirements of concerning these proceedings are the end of the comment period and Title 49 Code of Federal Regulations available for examination during regular specify the basis for their request. (CFR) § 223.13 Requirements for business hours (9 a.m.–5 p.m.) at DOT All communications concerning these existing cabooses for nine cabooses to be Central Docket Management Facility, proceedings should identify the used in revenue freight service. The Room Pl–401 (Plaza Level), 400 Seventh appropriate docket number (e.g., Waiver URR is engaged in general railroad Street SW., Washington. All documents Petition Docket Number 2004–19950) transportation and provides railroad in the public docket are also available and must be submitted to the Docket switching service primarily to the steel for inspection and copying on the Clerk, DOT Docket Management industry. In addition to steel mills, the Internet at the docket facility’s Web site Facility, Room PL–401 (Plaza Level), railroad serves the coal industry through at http://dms.dot.gov. 400 7th Street, SW., Washington, DC Duquesne Wharf, a coke production Anyone is able to search the 20590. Communications received within facility at Clairton, Pennsylvania, and electronic form of all comments 45 days of the date of this notice will more than 30 other customers in the received into any of our dockets by the be considered by FRA before final automotive, chemical, and aggregate name of the individual submitting the action is taken. Comments received after business. comment (or signing the comment, if that date will be considered as far as The URR currently consists of 65 submitted on behalf of an association, practicable. All written communications miles of main track and approximately business, labor union, etc.). You may concerning these proceedings are 200 miles of yard tracks and sidings, all review DOT’s complete Privacy Act available for examination during regular located within a 10-mile radius in Statement in the Federal Register business hours (9 a.m.—5 p.m.) at the Allegheny County, Pennsylvania. The published on April 11, 2000 (Volume above facility. All documents in the northernmost point is located at North 65, Number 70; Pages 19377–78). The public docket are also available for Bessemer, Pennsylvania, where the statement may also be found at http:// inspection and copying on the Internet railroad proceeds southward through dms.dot.gov. at the docket facility’s Web site at http:/ Turtle Creek, East Pittsburgh, /dms.dot.gov. Monongahela Junction, Clairton Issued in Washington, DC, on February 1, 2005. Anyone is able to search the Junction and Clairton. electronic form of all comments Laminated safety glass is proposed to Grady C. Cothen, Jr., received into any of our dockets by the be used in lieu of glazing materials that Acting Associate Administrator for Safety. name of the individual submitting the meet the requirements of FRA Type I [FR Doc. 05–2234 Filed 2–4–05; 8:45 am] comment (or signing the comment, if and Type II. Cabooses on the URR, BILLING CODE 4910–06–U
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DEPARTMENT OF TRANSPORTATION completion date for action on each precedent-setting and requires extensive application is provided in association analysis Research and Special Programs with each identified application. 4. Staff review delayed by other Administration FOR FURTHER INFORMATION CONTACT: priority issues or volume of exemption Delmar Billings, Office of Hazardous Office of Hazardous Materials Safety; applications Materials Exemptions and Approvals, Notice of Delays in Processing of Meaning of Application Number Exemption Applications Research and Special Programs Administration, U.S. Department of Suffixes AGENCY: Research and Special Programs Transportation, 400 Seventh Street, N—New application Administration, DOT. SW., Washington, DC 20590–0001, (202) M—Modification request ACTION: 366–4535. List of application delayed more PM—Party to application with than 180 days. Key to ‘‘Reason for Delay’’ modification request SUMMARY: In accordance with the 1. Awaiting additional information Issued in Washington, DC, on February 1, requirements of 49 U.S.C. 5117(c), RSPA from applicant 2005. is publishing the following list of 2. Extensive public comment under R. Ryan Posten, exemption applications that have been review Exemptions Program Officer, Office of in process for 180 days or more. The 3. Application is technically complex Hazardous Materials Safety, Exemptions & reason(s) for delay and the expected and is of significant impact or Approvals.
Reason Estimated Application No. Applicant for date of delay completion
New Exemption Applications
12381–N ...... Ideal Chemical & Supply Co., Memphis, TN ...... 2 03–31–2005 12412–N ...... Great Western Chemical Company, Portland, OR ...... 3 03–31–2005 12950–N ...... Walnut Industries, Inc., Bensalem, PA ...... 4 03–31–2005 12797–N ...... Environmental Quality Co., Belleville, MI ...... 4 04–30–2005 13054–N ...... CHS Transportation, Mason City, IA ...... 4 02–28–2005 13176–N ...... Union Pacific Railroad Company, Omaha, NE ...... 4 03–31–2005 13422–N ...... Puritan Bennett, Plainfield, IN ...... 3 02–28–2005 13228–N ...... AirSep Creekside Corp., Buffalo, NY ...... 4 03–31–2005 13266–N ...... Luxfer Gas Cylinders, Riverside, CA ...... 1 02–28–2005 13482–N ...... U.S. Vanadium Corporation (Subsidiary of Straegic Minerals Corporation), Niagara 403–31–2005 Falls, NY. 13461–N ...... FIBA Technologies, Inc., Westboro, MA ...... 4 03–31–2005 13346–N ...... Stand-By-Systems, Inc., Dallas, TX ...... 1 02–28–2005 13347–N ...... ShipMate, Inc., Torrance, CA ...... 4 02–28–2005 13341–N ...... National Propane Gas Association, Washington, DC ...... 1 02–28–2005 13302–N ...... FIB Technologies, Inc., Westboro, MA ...... 4 02–28–2005 13314–N ...... Sunoco Inc., Philadelphia, PA ...... 4 03–31–2005 13309–N ...... OPW Engineered Systems, Lebanon, OH ...... 4 03–31–2005 13295–N ...... Taylor-Wharton, Harrisburg, PA ...... 1 02–28–2005 13599–N ...... Air Products and Chemicals, Inc., Allentown, PA ...... 4 02–28–2005 13597–N ...... Piexon USA Inc., North Canton, OH ...... 4 02–28–2005 13636–N ...... Timberline Environmental Services, Cold Springs, CA ...... 4 02–28–2005 13585–N ...... Texas Ovonic Hydrogen Systems, L.L.C., Rochester Hills, MI ...... 4 02–28–2005 13582–N ...... Linde Gas LLC (Linde), Independence, OH ...... 4 03–31–2005 13563–N ...... Applied Companies, Valencia, CA ...... 4 03–31–2005 13560–N ...... Texas Ovonic Hydrogen Systems L.L.C. (TOHS), Rochester Hills, MI ...... 4 02–28–2005 13547–N ...... CP Industries, McKeesport, PA ...... 4 03–31–2005 13484–N ...... Air Liquids America L.P., Houston, TX ...... 4 03–31–2005 13859–N ...... Degussa Corporation, Parsippany, NJ ...... 4 02–28–2005 13860–N ...... United States Enrichment Corporation (USEC), Paducah, KY ...... 402–28–2005 13776–N ...... MHF Logistical Solutions, Cranberry Twp., PA ...... 4 02–28–2005 13265–N ...... Aeropres Corporation, Shreveport, LA ...... 4 02–28–2005 13281–N ...... The Dow Chemical Company, Midland, MI ...... 4 03–31–2005 13188–N ...... General Dynamics, Lincoln, NE ...... 3 04–30–2005 13183–N ...... Becton Dickinson, Sandy, UT ...... 4 02–28–2005 13077–N ...... MacIntyre, Middlebury, VT ...... 4 03–31–2005
Modification to Exemptions
1769–M ...... Great Western Chemical Company, Portland, OR ...... 2 03–31–2005 11769–M ...... Great Western Chemical Company, Portland, OR ...... 2 03–31–2005 7277–M ...... Structural Composites Industries, Pomona, CA ...... 3 02–28–2005 13027–M ...... Hernco Fabrication & Services, Midland, TX ...... 4 03–31–2005 11579–M ...... Dyno Nobel, Inc., Salt Lake City, UT ...... 4 03–31–2005 11537–M ...... American Development Corporation, Vanceboro, NC ...... 2 03–31–2005 11241–M ...... Rohm and Haas Co., Philadelphia, PA ...... 1 03–31–2005 11537–M ...... Hawkins, Inc., Minneapolis, MN ...... 2 03–31–2005 7280–M ...... Department of Defense, Ft. Eustis, VA ...... 4 03–031–2005 10915–M ...... Luxfer Gas Cylinders (Composite Cylinder Division), Riverside, CA ...... 103–31–2005
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Reason Estimated Application No. Applicant for date of delay completion
10878–M ...... Tankcon FRP Inc., Boisbriand, Qc ...... 1, 3 03–31–2005 9421–M ...... Taylor-Wharton (Gas & Fluid Control Group), Harrisburg, PA ...... 4 03–31–2005 12022–M ...... Taylor-Wharton (Gas & Fluid Control Group), Harrisburg, PA3 ...... 4 03–31–2005 11537–M ...... Interstate Chemical Company, Inc., Hermitage, PA ...... 2 03–31–2005 10882–M ...... Espar Products, Inc., Mississauga, Ontario, Canada ...... 4 03–31–2005 8162–M ...... Structural Composites Industries, Pomona, CA ...... 3 02–28–2005 8718–M ...... Structural Composites Industries, Pomona, CA ...... 3 02–28–2005 10019–M ...... Structural Composites Industries, Pomona, CA ...... 3 02–28–2005 12065–M ...... Petrolab Company, Latham, NY ...... 4 02–28–2005 11537–M ...... JCI Jones Chemicals, Inc., Milford, VA ...... 2 03–31–2005 11769–M ...... Hydrite Chemical Company, Brookfield, WI ...... 2 03–31–2005
[FR Doc. 05–2236 Filed 2–4–05; 8:45 am] Current Actions: None. SUMMARY: The Department of the BILLING CODE 4910–60–M Type of Review: Extension. Treasury, as part of its continuing effort Affected Public: Individuals or to reduce paperwork and respondent households. burden, invites the general public and DEPARTMENT OF THE TREASURY Estimated Number of Respondents: other Federal agencies to take this 500. opportunity to comment on proposed Bureau of the Public Debt and/or continuing information Estimated Time Per Respondent: 15 collections, as required by the Proposed Collection: Comment minutes. Paperwork Reduction Act of 1995, Request Estimated Total Annual Burden Public Law 104–13 (44 U.S.C. Hours: 125. ACTION: 3506(c)(2)(A). Currently the Bureau of Notice and request for Request for Comments: Comments comments. the Public Debt within the Department submitted in response to this notice will of the Treasury is soliciting comments SUMMARY: The Department of the be summarized and/or included in the concerning the Disclaimer and Consent Treasury, as part of its continuing effort request for OMB approval. All with Respect to United States Savings to reduce paperwork and respondent comments will become a matter of Bonds/Notes. burden, invites the general public and public record. Comments are invited on: DATES: Written comments should be other Federal agencies to take this (a) Whether the collection of received on or before April 9, 2005, to opportunity to comment on proposed information is necessary for the proper be assured of consideration. performance of the functions of the and/or continuing information ADDRESSES: Direct all written comments agency, including whether the collections, as required by the to Bureau of the Public Debt, Vicki S. information shall have practical utility; Paperwork Reduction Act of 1995, Thorpe, 200 Third Street, Parkersburg, (b) the accuracy of the agency’s estimate Public Law 104–13 (44 U.S.C. WV 26106–1328, or e-mail to of the burden of the collection of 3506(c)(2)(A). Currently the Bureau of [email protected]. the Public Debt within the Department information; (c) ways to enhance of the Treasury is soliciting comments quality, utility, and clarity of the FOR FURTHER INFORMATION CONTACT: concerning the Stop Payment/ information to be collected; (d) ways to Requests for additional information or Replacement Check Request. minimize the burden of the collection of copies of the form and instructions should be directed to Vicki S. Thorpe, DATES: Written comments should be information on respondents, including Bureau of the Public Debt, 200 Third received on or before April 9, 2005, to through the use of automated collection Street, Parkersburg, WV 26106–1328, be assured of consideration. techniques or other forms of information (304) 480–8150. ADDRESSES: Direct all written comments technology; and (e) estimates of capital SUPPLEMENTARY INFORMATION: to Bureau of the Public Debt, Vicki S. or start-up costs and costs of operation, Title: Disclaimer and Consent With Thorpe, 200 Third Street, Parkersburg, maintenance, and purchase of services Respect to United States Savings Bonds/ WV 26106–1328, or e-mail to to provide information. Notes. [email protected]. Dated: February 2, 2005. OMB Number: 1535–0113. FOR FURTHER INFORMATION CONTACT: Vicki S. Thorpe, Form Number: PD F 1849. Requests for additional information or Manager, Graphics, Printing and Records Abstract: The information is copies of the form and instructions Branch. requested when the requested savings should be directed to Vicki S. Thorpe, [FR Doc. 05–2251 Filed 2–4–05; 8:45 am] bonds/notes transaction would appear Bureau of the Public Debt, 200 Third BILLING CODE 4810–39–P to affect the right, title or interest of Street, Parkersburg, WV 26106–1328, some other person. (304) 480–8150. Current Actions: None. DEPARTMENT OF THE TREASURY SUPPLEMENTARY INFORMATION: Type of Review: Extension. Affected Public: Individuals or Title: Stop Payment/Replacement Bureau of the Public Debt Check Request. households. OMB Number: 1535–0070. Proposed Collection: Comment Estimated Number of Respondents: Form Number: PD F 5192. Request 7,000. Abstract: The information is Estimated Time per Respondent: 6 requested to place a stop payment on a minutes. ACTION: Notice and request for Treasury Direct check and request a Estimated Total Annual Burden comments. replacement check. Hours: 700.
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Request for Comments: Comments Bureau of the Public Debt, 200 Third and/or continuing information submitted in response to this notice will Street, Parkersburg, WV 26106–1328, collections, as required by the be summarized and/or included in the (304) 480–8150. Paperwork Reduction Act of 1995, Pub. request for OMB approval. All SUPPLEMENTARY INFORMATION: L. 104–13 (44 U.S.C. 3506(c)(2)(A). comments will become a matter of Title: Release. Currently the Bureau of the Public Debt public record. Comments are invited on: OMB Number: 1535–0114. within the Department of the Treasury (a) Whether the collection of Form Number: PD F 2001. is soliciting comments concerning the information is necessary for the proper Abstract: The information is Special Form of Assignment for U.S. performance of the functions of the requested to ratify payment of savings Registered Definitive Securities and U.S. agency, including whether the bonds/notes and release the United Bearer Securities. information shall have practical utility; States of America from any liability. DATES: Written comments should be (b) the accuracy of the agency’s estimate Current Actions: None. received on or before April 9, 2005, to of the burden of the collection of Type of Review: Extension. be assured of consideration. information; (c) ways to enhance Affected Public: Individuals or ADDRESSES: Direct all written comments quality, utility, and clarity of the households. to Bureau of the Public Debt, Vicki S. information to be collected; (d) ways to Estimated Number of Respondents: Thorpe, 200 Third Street, Parkersburg, minimize the burden of the collection of 200. WV 26106–1328, or e-mail to Estimated Time Per Respondent: 6 information on respondents, including [email protected]. through the use of automated collection minutes. techniques or other forms of information Estimated Total Annual Burden FOR FURTHER INFORMATION CONTACT: technology; and (e) estimates of capital Hours: 20. Requests for additional information or or start-up costs and costs of operation, Request for Comments: Comments copies of the form and instructions maintenance, and purchase of services submitted in response to this notice will should be directed to Vicki S. Thorpe, to provide information. be summarized and/or included in the Bureau of the Public Debt, 200 Third request for OMB approval. All Street, Parkersburg, WV 26106–1328, Dated: February 2, 2005. comments will become a matter of (304) 480–8150. Vicki S. Thorpe, public record. Comments are invited on: SUPPLEMENTARY INFORMATION: Manager, Graphics, Printing and Records (a) Whether the collection of Title: Special Form of Assignment for Branch. information is necessary for the proper U.S. Registered Securities and U.S. [FR Doc. 05–2252 Filed 2–4–05; 8:45 am] performance of the functions of the Bearer Securities for Conversion to BILLING CODE 4810–39–P agency, including whether the BECCS or CUBES. information shall have practical utility; OMB Number: 1535–0059. (b) the accuracy of the agency’s estimate Form Number: PD F 1832, and PD F DEPARTMENT OF THE TREASURY of the burden of the collection of 1832–1. information; (c) ways to enhance Abstract: The information is Bureau of the Public Debt quality, utility, and clarity of the requested to complete transaction Proposed Collection: Comment information to be collected; (d) ways to involving the assignment of U.S. Request minimize the burden of the collection of Registered and Bearer Securities. information on respondents, including Current Actions: None. ACTION: Notice and request for through the use of automated collection Type of Review: Extension. comments. techniques or other forms of information Affected Public: Individuals or technology; and (e) estimates of capital households. SUMMARY: The Department of the or start-up costs and costs of operation, Estimated Number of Respondents: Treasury, as part of its continuing effort maintenance, and purchase of services 10,000. to reduce paperwork and respondent to provide information. Estimated Time Per Respondent: 15 burden, invites the general public and minutes. other Federal agencies to take this Dated: February 2, 2005. Estimated Total Annual Burden opportunity to comment on proposed Vicki S. Thorpe, Hours: 2,500. and/or continuing information Manager, Graphics, Printing and Records Request for Comments: Comments collections, as required by the Branch. submitted in response to this notice will Paperwork Reduction Act of 1995, [FR Doc. 05–2253 Filed 2–4–05; 8:45 am] be summarized and/or included in the Public Law 104–13 (44 U.S.C. BILLING CODE 4810–39–P request for OMB approval. All 3506(c)(2)(A). Currently the Bureau of comments will become a matter of the Public Debt within the Department public record. Comments are invited on: of the Treasury is soliciting comments DEPARTMENT OF THE TREASURY (a) Whether the collection of concerning the Release. information is necessary for the proper Bureau of the Public Debt performance of the functions of the DATES: Written comments should be agency, including whether the received on or before April 9, 2005, to Proposed Collection: Comment information shall have practical utility; be assured of consideration. Request (b) the accuracy of the agency’s estimate ADDRESSES: Direct all written comments of the burden of the collection of to Bureau of the Public Debt, Vicki S. ACTION: Notice and request for comments. information; (c) ways to enhance Thorpe, 200 Third Street, Parkersburg, quality, utility, and clarity of the WV 26106–1328, or e-mail to SUMMARY: The Department of the information to be collected; (d) ways to [email protected]. Treasury, as part of its continuing effort minimize the burden of the collection of FOR FURTHER INFORMATION CONTACT: to reduce paperwork and respondent information on respondents, including Requests for additional information or burden, invites the general public and through the use of automated collection copies of the form and instructions other Federal agencies to take this techniques or other forms of information should be directed to Vicki S. Thorpe, opportunity to comment on proposed technology; and (e) estimates of capital
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or start-up costs and costs of operation, Dated: February 2, 2005. maintenance, and purchase of services Vicki S. Thorpe, to provide information. Manager, Graphics, Printing and Records Branch. [FR Doc. 05–2254 Filed 2–4–05; 8:45 am] BILLING CODE 4810–39–P
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Part II
Department of Transportation 48 CFR Chapter 12 Re-issuance of the Department of Transportation Acquisition Regulation; Interim Final Rule
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DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Rita of 1987 required the establishment of Williams, Office of the Senior the Requirements for Unclassified Office of the Secretary Procurement Executive, M–60, 400 Information Technology Resources and Seventh Street SW., Washington, DC revision of the Qualification of 48 CFR Chapter 12 20590, (202) 366–9956. Contractor Employees clauses [Docket No. OST–2004–19899] SUPPLEMENTARY INFORMATION: respectively. Those parts which contain no A. Background RIN 2105–AD28 coverage, and have been reserved are: The Department of Transportation Parts 1208, 1209, 1210, 1212, 1218, Re-issuance of the Department of (DOT) has determined that changes to 1220, 1221, 1225, 1226, 1229, 1230, Transportation Acquisition Regulation the Transportation Acquisition 1234, 1238, 1240, 1241, 1243, 1244, and AGENCY: Office of the Secretary, DOT. Regulation (TAR) are necessary to 1248 through 1251. implement and align it with the 2001 ACTION: Interim final rule with request B. Regulatory Analysis and Notices for comments. Federal Acquisition Regulation (FAR). DOT conducted a comprehensive The Department has determined that SUMMARY: The Department of review of the 1994 Edition of the TAR this rule is not a significant regulatory Transportation is reissuing the with the goal of updating obsolete action, and therefore, was not subject to Transportation Acquisition Regulation coverage, and implementing new review under Executive Order 12866 or (TAR). This interim final rule reflects internal policies applicable to the DOT under the Department’s Regulatory changes made to implement and/or acquisition workforce. As a result, the Policies and Procedures. The supplement the Federal Acquisition TAR Re-write team under the direction Department does not believe that there Regulation (FAR). The TAR has been of the Senior Procurement Executive, would be significant federalism substantially revised to update has undertaken a complete re-write of implications to warrant the preparation references to obsolete policies, the TAR. of a federalism assessment. procedures and organizations; The TAR re-write project was incorporate electronic links to conducted in coordination with all C. Regulatory Flexibility Act references such as provisions to the Operating Administrations (OAS) of the The Department certifies that this FAR, U.S. Codes, the Code of Federal DOT. OAs participated in the final rule does not have a significant Regulations; and adopt by reference development of the new TAR language economic impact on a substantial Office of Federal Procurement Policy and devised processes that were most number of small entities within the Letters and Executive orders. The efficient and least burdensome to its meaning of the Regulatory Flexibility reissued TAR eliminates coverage that is users. Act, 5 U.S.C. 601, et seq., because the All United States Coast Guard (USCG) unnecessary or duplicates the FAR or rule merely restates previous TAR specific language and subsequent other directives. Only coverage that is coverage, deletes certification clauses were removed from the TAR as suitable and necessary will be retained requirements which do not significantly in the regulation. These efforts will a result of the transfer of USCG from the DOT to the Department of Homeland alter the amount of information create a 2004 edition of the TAR that is Security on March 1, 2003. As a result currently required, and makes various consistent with the 2001 edition of the of organizational restructuring within editorial revisions. FAR. The 2004 edition of the TAR will DOT, the Federal Motor Carrier Safety This proposed rule is not expected to replace the 1994 edition. Administration (FMSCA) was have a significant impact on a DATES: This rule is effective April 8, established as an OA and given an substantial number of small entities 2005. Comments should be received by appropriate agency code for the purpose because any additional costs associated March 9, 2005. Late-filed comments will of assigning contract numbers. The with the rule can be factored into the be considered to the extent practicable. delegations of authority and contract price and there is no ADDRESSES: Comments on this interim responsibilities for internal acquisition distinction on this issue between a large final rule should be filed with: the functions have been authorized at the or small business. Therefore, an Initial Docket Management System, U.S. lowest reasonable level or allowed by Regulatory Flexibility Analysis has not Department of Transportation, Room higher level regulations or statutes. been performed. Comments are solicited PL–401, 400 Seventh Street, SW., During the re-write of TAR, care was from small businesses and other Washington, DC 20590–0001. Please taken to eliminate unnecessary coverage interested parties and will be identify the docket number OST–2004– including clauses, forms and obsolete considered in accordance with section 19899 at the beginning of your DOT notices or orders that no longer 610 of the Act in the development of the comments. You may also submit exist, and restructured language that final rule. comments through the internet to http:/ was misaligned with the FAR coverage. D. Paperwork Reduction Act /dms.dot.gov. You may review the The goal of re-writing the TAR was to public docket containing comments to ensure the regulation would only The information collection these proposed regulations in person in contain current and appropriate requirements associated with this rule the Dockets Office between 9 a.m. and coverage for a Department level have been submitted to the Office of 5 p.m., Monday through Friday, except acquisition regulation, and to remove Management and Budget (OMB) for Federal holidays. The Dockets Office is and re-designate any internal agency approval in accordance with 44 U.S.C. on the plaza level of the NASSIF guidance from the TAR to the chapter 35 under OMB No. 2105–0517; Building at the Department of Transportation Acquisition Manual Administration: Office of the Secretary Transportation at the above address. (TAM). To implement Executive Order of Transportation; Also, you may review comments to the 13043, the Seat Belt Use Policies and Title: Transportation Acquisition docket on the Internet at http:// Programs clause was established. In Regulation (TAR); dms.dot.gov. Search by using the last set addition, implementation of the Federal Summary: This proposal implements of digits in the docket number (omitting Information Security Management Act requirements of the Federal Acquisition the ‘‘OST–2004’’). of 2002 and the Computer Security Act Regulation (FAR), other regulations and
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statutes to solicit, negotiate, award, and proposed rulemaking for this final rule. 1232 Contract financing administer contracts; However, consistent with the 1233 Protests, disputes and appeals Use of Information: This information Department’s Regulatory Policies and SUBCHAPTER F—SPECIAL CATEGORIES supports the needs of the Department of Procedures, the Department is providing OF CONTRACTING Transportation to evaluate offers, to an opportunity for public comment ensure appropriate contract controls are before the final rule goes into effect. 1234 [Reserved] in place, and to minimize conditions 1235 Research and development List of Subjects in 48 CFR Chapter 12 contracting conducive to fraud, waste, and abuse. Burden Estimate: 2,514 hours; Forms: Government procurement. 1236 Construction and architect-engineer DOT Form 1681 and DOT Form contracts This rule is issued this 13th day of January, 1237 Service contracting 4220.43; clauses: 1252.217–76, 2005, at Washington, DC, under the delegated 1238 [Reserved] 1252.237–70 and 73, 1252.242–70 and authority of the Senior Procurement 1239 Acquisition of information technology 72, and 1252.245–70. Executive pursuant to 49 CFR 1.59a (a)(1). 1240 [Reserved] Respondents (including number of): David J. Litman, 1241 [Reserved] The likely respondents to this proposed Senior Procurement Executive. information are contractors and offerors SUBCHAPTER G—CONTRACT I who will respond to solicitations or are For the reasons set out in the preamble, MANAGEMENT awarded DOT contracts. 48 CFR chapter 12 is revised to read as follows: 1242 Contract administration and audit Frequency: Reports are submitted at services different times depending upon the CHAPTER 12—DEPARTMENT OF 1243 [Reserved] need or requirements stipulated in the TRANSPORTATION 1244 [Reserved] FAR or TAR. SUBCHAPTER A—GENERAL 1245 Government property Average burden hours per respondent: 1246 Quality assurance Part 7 hours 45 minutes. Comments on the 1247 Transportation proposed information collection 1201 Federal Acquisition Regulation 1248 [Reserved] requirement should be sent to the DOT System 1249 [Reserved] 1202 Definitions of words and terms rulemaking. 1250 [Reserved] The agency is soliciting comments 1203 Improper business practices and personal conflicts of interest 1251 [Reserved] to— 1204 Administrative matters (1) evaluate whether the proposed SUBCHAPTER H—CLAUSES AND FORMS information requirements are necessary; SUBCHAPTER B—ACQUISITION PLANNING 1252 Solicitations provisions and contract (2) evaluate the accuracy of the 1205 Publicizing contract actions clauses Agency’s estimate of the burden; 1206 Competition requirements 1253 Forms (3) enhance the quality, utility, and 1207 Acquisition planning clarity of the information to be 1208 [Reserved] PART 1201—FEDERAL ACQUISITION collected; and 1209 [Reserved] REGULATIONS SYSTEM (4) minimize the burden of the 1210 [Reserved] Subpart 1201.1—Purpose, Authority, collection of information on those who 1211 Describing agency needs 1212 [Reserved] Issuance are to respond, including through the use of appropriate automated, SUBCHAPTER C—CONTRACTING Sec. electronic, mechanical, or other METHODS AND CONTRACT TYPES 1201.101 Purpose. technological collection techniques or 1213 Simplified acquisition procedures 1201.104 Applicability. other forms of information technology. 1214 Sealed bidding 1201.105 Issuance. Individuals and organizations may 1215 Contracting by negotiation 1201.105–1 Publication and code submit comments on the information 1216 Types of contracts arrangement. collection requirement by directing 1217 Special contracting methods 1201.105–2 Arrangement of regulations. them to the address listed in the 1218 [Reserved] 1201.105–3 Copies. 1201.106 OMB Approval under the ADDRESSES section of the document. SUBCHAPTER D—SOCIOECONOMIC Paperwork Reduction Act. Comments may also be submitted to the PROGRAMS Office of Information and Regulatory 1219 Small business programs Subpart 1201.2—Administration Affairs, OMB, New Executive Building, 1220 [Reserved] Room 10202, 725 17th Street, NW., 1221 [Reserved] 1201.201 Maintenance of the FAR. Washington, DC 20053. Attention: Desk 1222 Application of labor laws to 1201.201–1 The two councils. Officer for the Department of government acquisitions Transportation. 1223 Environment, energy and water Subpart 1201.3—Agency Acquisition efficiency, renewable energy Regulations E. Justification for Interim Final Rule technologies, occupational safety, and drug-free workplace This rulemaking pertains exclusively 1201.301 Policy. 1224 Protection of privacy and freedom of 1201.301–70 Amendment of (TAR) 48 CFR to procedures concerning public information Chapter 12. contracts. Consequently, the 1225 [Reserved] 1201.301–71 Effective date. requirements of the Administrative 1226 [Reserved] Procedure Act for notice and an 1201.301–72 TAC or TN numbering. SUBCHAPTER E—GENERAL 1201.304 Agency control and compliance opportunity for public comment prior to CONTRACTING REQUIREMENTS procedures. issuing a final rule do not apply. Under 1227 Patents, data and copyrights 5 U.S.C. § 553(a)(2), matters relating to, 1228 Bonds and insurance Subpart 1201.4–70—Deviations From among other things, public contracts are 1229 [Reserved] the FAR and TAR not subject to notice and comment 1230 [Reserved] requirements. For this reason, the 1231 Contract cost principles and 1201.403 Individual deviations. 1201.105 Department has not issued a notice of procedures 1201.404 Class deviations.
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Subpart 1201.6—Career Development, (1) The Federal Register; and chapter 12 shall be identified using Contracting Authority and (2) Cumulative form in the CFR. chapter, part, subpart, section, or Responsibilities (b) The TAR is issued as chapter 12 subsection numbers of ‘‘90’’ and higher. of Title 48 of the CFR. (c) References and citations. (TAR) 48 1201.602–3 Ratification of unauthorized CFR chapter 12 may be referred to as the commitments. 1201.105–2 Arrangement of regulations. 1201.603–1 General. Department of Transportation (a) General. The (TAR) 48 CFR Acquisition Regulation or the TAR. Authority: 5 U.S.C. 301; 41 U.S.C. 418b; chapter 12, which encompasses both Cross reference to the FAR in (TAR) 48 (FAR) 48 CFR 1.3. Department and Operating Appendix to Part 1252-TAR Matrix CFR chapter 12 will be cited by ‘‘FAR’’ Administration (OA)-specific guidance followed by the FAR numbered cite, and Subpart 1201.1—Purpose, Authority, (see (TAR) 48 CFR 1201.3), conforms cross reference to the TAM in (TAR) 48 Issuance with the arrangement and numbering CFR chapter 12 will be cited by ‘‘TAM’’ system prescribed by (FAR) 48 CFR followed by the TAM numbered cite. 1201.101 Purpose. 1.104. Guidance that is OA-specific References to specific cites within The Department of Transportation contains the OA’s acronym directly after (TAR) 48 CFR chapter 12 will be (DOT) Acquisition Regulation (TAR) the heading. The following acronyms referenced by the numbered cite only. establishes uniform acquisition policies apply: and procedures, which implement and FHWA—Federal Highway 1201.105–3 Copies. supplement the Federal Acquisition Administration (a) Copies of the TAR in Federal Regulation (FAR). FMCSA—Federal Motor Carrier Safety Register, and CFR form may be Administration purchased from the Superintendent of 1201.104 Applicability. FRA—Federal Railroad Administration Documents, Government Printing (a) Statute, the (FAR) Title 48, Code FTA—Federal Transit Administration Office, Washington, DC 20402. The of Federal Regulations (CFR) chapter 1, MARAD—Maritime Administration electronic version of the Federal and (TAR) 48 CFR chapter 12 apply to NHTSA—National Highway Traffic Register may be found at http:// all acquisitions within the Department Safety Administration www.nara.gov and the CFR at http:// unless otherwise excluded by statute, OST—Office of the Secretary www.gpoaccess.gov. the (FAR) 48 CFR chapter 1, or (TAR) RSPA—Research and Special Programs (b) The (TAR) 48 CFR chapter 12 and 48 CFR chapter 12. Administration Transportation Acquisition Circulars (b) The following order of precedence SLSDC—Saint Lawrence Seaway (TACs) are available on the Internet at applies to resolve any question of Development Corporation http://www.dot.gov/ost/m60. applicability concerning an acquisition regulation or a procedure found within (b) Numbering. (1) Departmentwide 1201.106 OMB Approval Under the (TAR) 48 CFR chapter 12 or the guidance. (i) The numbering Paperwork Reduction Act. Transportation Acquisition Manual illustrations at (FAR) 48 CFR 1.105–2 apply to (TAR) 48 CFR chapter 12. (a) Data collection by regulation. The (TAM): information collection and (1) Statute; (ii) Coverage within (TAR) 48 CFR chapter 12 is identified by the prefix recordkeeping requirements contained (2) (FAR) 48 CFR chapter 1 or other in (TAR) 48 CFR chapter 12 have been applicable regulation; ‘‘12’’ followed by the complete (FAR) 48 CFR chapter 1 cite. For example, (TAR) approved by the Office of Management (3) (TAR) 48 CFR chapter 12; and Budget (OMB). (4) DOT Orders; and 48 CFR 1201.201–1(b)). (5) TAM. (iii) Coverage in (TAR) 48 CFR (b) Data collection under proposed (c) The Maritime Administration may chapter 12 that supplements (FAR) 48 contracts. Under the regulations depart from the requirements of the CFR chapter 1 will use part, subpart, implementing the requirements of the (FAR) 48 CFR chapter 1 and (TAR) 48 section and subsection numbers ending Paperwork Reduction Act (5 CFR 1320), CFR chapter 12 as authorized by 40 in ‘‘70’’ through ‘‘89’’ (e.g., (TAR) 48 OMB must approve, prior to obligation U.S.C. 113(e)(15) but shall adhere to CFR 1201.301–70). A series of numbers of funds, proposed contracts which those regulations to the maximum beginning with ‘‘70’’ is used for require the collection of information extent practicable. Exceptions from the provisions and clauses. from ten or more non-Federal persons or requirements of the (FAR) 48 CFR (iv) Coverage in (TAR) 48 CFR chapter entities. Solicitations requiring this chapter 1 and/or (TAR) 48 CFR chapter 12, other than that identified with a level of information collection may be 12 shall be documented according to ‘‘70’’ or higher number, that implements released prior to OMB approval Maritime Administration procedures or the (FAR) 48 CFR chapter 1 uses the provided that: in each contract file, as appropriate. identical number sequence and caption (1) A statement is included in the (d) The (FAR) 48 CFR chapter 1, of the (FAR) 48 CFR chapter 1 segment solicitation to the effect that the contract (TAR) 48 CFR chapter 12 and TAM do being implemented, which may be to will not be awarded until OMB approval not apply to the Federal Aviation the paragraph level. Paragraph numbers of the information collection Administration as provided by the and letters are not always shown requirements of the proposed contract Department of Transportation and sequentially, but may be shown by the has been obtained; and Related Agencies Appropriations Act, specific FAR paragraph implemented. (2) Enough time is permitted to allow 1996, Public Law 104–50, unless For example, (TAR) 48 CFR 1201.201– receipt of OMB approval prior to otherwise directed by the Office of the 1 contains only paragraph (b) because contract award. Secretary of Transportation. only this paragraph, correlated with Subpart 1201.2—Administration 1201.105 Issuance. FAR, implements (TAR) 48 CFR chapter 12. 1201.201 Maintenance of the FAR. 1201.105–1 Publication and code (2) Operating Administration-unique arrangement. guidance. Supplementary material for 1201.201–1 The two councils. (a) The (TAR) 48 CFR chapter 12 is which there is no counterpart in (FAR) (b) The SPE is responsible for published in: 48 CFR chapter 1 or (TAR) 48 CFR providing a DOT representative to the
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Civilian Agency Acquisition Council Government agencies, or the public. forms must be included in solicitations, (CAAC). Changes shall be submitted in the contracts or modifications issued following format to the Office of the thereafter; and Subpart 1201.3—Agency Acquisition Senior Procurement Executive (OSPE), Regulations (b) Unless expressly directed by 400 7th Street, SW., Washington, DC statute or regulation, solicitations in 20590: 1201.301 Policy. process or completed negotiations when (1) Problem: Succinctly state the (a)(1) Acquisition regulations. (i) problems created by current (TAR) 48 the TAC or TN is received, new Departmentwide acquisition CFR chapter 12 language and describe information such as forms and clauses, regulations. The Department of the factual or legal reasons necessitating need not be included if the chief of the Transportation’s (DOT’s) Senior regulatory change. contracting office determines that it Procurement Executive (SPE) is the (2) Recommendation: Identify the would not be in the best interest of the individual having authority to issue or recommended change by using the Government to include the new authorize the issuance of agency current language (if applicable), and information. regulations that implement or crossing out the deleted words with a 1201.301–72 TAC or TN numbering. supplement the FAR and to include horizontal line. Insert proposed agency-unique policies, etc. that govern language in brackets. If the change is TACs and TNs will be numbered the contracting process. This authority extensive, deleted language may be consecutively on a fiscal year basis was re-delegated from the Assistant displayed by forming a box with beginning with number ‘‘01’’ prefixed Secretary for Administration. diagonal lines connecting the corners. by the last two digits of the fiscal year (ii) Operating Administration (OA) (3) Discussion: Explain why the acquisition regulations. OA acquisition (e.g., TNs 04–01 and 04–02 indicate the change is necessary and how it will first two TNs issued in fiscal year 2004). regulations, and any changes thereto, solve the problem. Address any cost or shall be reviewed and approved by the administrative impact on Government 1201.304 Agency control and compliance Senior Procurement Executive (SPE) for activities, offerors, and contractors. procedures. insertion into the (TAR) 48 CFR chapter Provide any other information and (a) DOT shall control the proliferation 12 as a TAR supplemental regulation documents such as statutes, legal of acquisition regulations and any before the SPE submits the proposed decisions, regulations, reports, etc., that revisions thereto (except as noted in coverage for publication in the Federal may be helpful. Register in accordance with (FAR) 48 (4) Point of contact: Provide a point of paragraph (b) of this section) by using CFR 1.501. OA regulations may be more contact who can answer questions an internal (TAR) 48 CFR chapter 12 restrictive or require higher approval regarding the recommendation. change process that involves input from levels than those permitted by (TAR) 48 (b) The (TAR) 48 CFR chapter 12 is many DOT elements including OA CFR chapter 12 unless otherwise maintained by the SPE through the representatives on the Procurement specified. TAR/TAM change process. This process Management Council. The OA member (2) Acquisition procedures. The SPE consists of input from various DOT shall represent their OA’s viewpoint is the individual who issues or elements including representatives from along with Departmentwide authorizes the issuance of internal DOT OAs specifically designated to considerations in reaching a decision on agency guidance at any organizational formulate Departmental acquisition (TAR) 48 CFR chapter 12 changes. level. DOT internal operating policies and procedures. procedures are contained in the (b) OA-unique regulations will not be (1) Transportation Acquisition processed through the TAR/TAM Transportation Acquisition Manual Circular (TAC). TACs (see (TAR) 48 CFR change process, but shall be reviewed (TAM). OA procedures necessary to 1201.301–72) will be used to amend by OA legal counsel and submitted to implement or supplement the (FAR) 48 (TAR) 48 CFR chapter 12. CFR chapter 1, (TAR) 48 CFR chapter (2) TAR Notice (TN). (i) TNs shall be the OSPE for review and approval. (See 12, or TAM may be issued by the Head issued when interim guidance is (TAR) 48 CFR 1252.101 for additional of the Contracting Agency (HCA), who necessary and as often as may be instructions pertaining to provisions may delegate this authority to any necessary, under any of the following and clauses.) organizational level deemed circumstances: appropriate. OA procedures may be (A) To quickly promulgate selected Subpart 1201.4–70—Deviations From more restrictive or require higher material in a general or narrative the FAR and TAR approval levels than those permitted by manner, in advance of a TAC issuance; 1201.403 Individual deviations. the TAM unless otherwise specified. (B) To disseminate other acquisition (b) The authority of the agency head related information; or The Head of the Contracting Activity, under (FAR) 48 CFR 1.301(b) to (C) To issue guidance which may be or designee with a rank that is no lower establish procedures to ensure that effective for a period of 1 year or less. than that of Senior Executive Service agency acquisition regulations are (ii) Each TN will expire by a specific (SES) official or that of a Flag Officer, published for comment in the Federal date. may authorize individual deviations Register in conformance with the 1201.301–71 Effective date. (unless (FAR) 48 CFR 1.405(e) applies). procedures in FAR Subpart 1.5 is However, see TAM 1201.403. delegated to the Office of the General Unless otherwise stated, the following Counsel, Assistant General Counsel for applies— 1201.404 Class deviations. Regulation and Enforcement (C–50). (a) Statements in TACs or TNs to the effect that the material therein is The SPE may grant in writing class 1201.301–70 Amendment of (TAR) 48 CFR ‘‘effective upon receipt,’’ ‘‘upon a deviations from the (FAR) 48 CFR chapter 12. specified date,’’ or that changes set forth chapter 1 and (TAR) 48 CFR chapter 12, (a) Changes to the regulation may be in the document are ‘‘to be used upon unless (FAR) 48 CFR 1.405(e) applies. the result of recommendations from receipt,’’ mean that any new or revised internal DOT personnel, other provisions, clauses, procedures, or
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Subpart 1201.6—Career Development, delegation, must be done specifically by 1203.204 Treatment of violations. Contracting Authority and the Secretary of Transportation. Subpart 1203.3—Reports of Suspected Responsibilities Head of the Contracting Activity Antitrust Violations (HCA) means the individual responsible 1203.301 General. 1201.602–3 Ratification of unauthorized for managing the contracting offices commitments. 1203.303 Reporting suspected antitrust within an Operating Administration violations. (b) Policy. DOT policy requires that who is a member of the Senior all procurement decisions shall be made Executive Service or a flag officer and is Subpart 1203.4—Contingent Fees only by Government officials having the same as the term ‘‘Head of the 1203.405 Misrepresentations or violations authority to carry out such acquisitions. Procuring Activity.’’ of the Covenant Against Contingent Fees. Procurement decisions made by other Head of the Operating Administration Subpart 1203.5—Other Improper Business than authorized personnel are contrary (HOA) means the individual appointed Practices to Departmental policy and may be by the President to manage the 1203.502 Subcontractor kickbacks. considered matters of serious operating administration. 1203.502–2 Subcontractor kickbacks. misconduct on the part of the employee Operating Administration (OA) means making an unauthorized commitment. the following components of DOT: Authority: 5 U.S.C. 301; 41 U.S.C. 418b; Disciplinary action against an employee (1) Federal Aviation Administration (FAR) 48 CFR 1.3. who makes an unauthorized (FAA); (FAA is exempt from FAR, TAR Subpart 1203.1—Safeguards commitment may be considered. and TAM pursuant to the Department of Transportation and Related Agencies 1203.101–3 Agency regulations. 1201.603–1 General. Appropriations Act, 1996, Public Law (b) 5 CFR part 2635, Standards of Each DOT OA is responsible for 104–50; Ethical Conduct for Employees of the appointing its contracting officers. (2) Federal Highway Administration Executive Branch, takes precedence (FHWA); PART 1202—DEFINITIONS OF WORDS over the DOT regulation at 49 CFR part (3) Federal Motor Carrier Safety 99. AND TERMS Administration (FMCSA); (4) Federal Railroad Administration Subpart 1202.1—Definitions Subpart 1203.2—Contractor Gratuities (FRA); to Government Personnel Sec. (5) Federal Transit Administration 1202.1 Definitions. (FTA); 1203.203 Reporting suspected violations Subpart 1202.70—Internet Links (6) Maritime Administration of the Gratuities clause. 1202.7000 General. (MARAD); (a) Suspected violations of the (7) National Highway Traffic Safety Gratuities clause shall be reported to the Authority: 5 U.S.C. 301; 41 U.S.C. 418b; Administration (NHTSA); (FAR) 48 CFR 1.3. contracting officer responsible for the (8) Office of the Secretary of acquisition (or the COCO if the Transportation (OST); Subpart 1202.1—Definitions contracting officer is suspected of the (9) Research and Special Programs violation). The contracting officer (or 1202.1 Definitions. Administration (RSPA); COCO) shall obtain from the person Agency, Federal agency or Executive (10) Saint Lawrence Seaway reporting the violation, and any agency means the Department of Development Corporation (SLSDC). witnesses to the violation, the following Senior Procurement Executive (SPE) Transportation. information: means the Director of the Office of the Chief Information Officer means the (1) The date, time, and place of the Senior Procurement Executive (M–60). Director of the Office of the Chief Small Business Specialist (SBS) suspected violation; Information Officer (CIO) (S–80). means the individual appointed by each (2) The name and title (if known) of Chief of the Contracting Office HCA to assist the Director, Office of the the individual(s) involved in the (COCO) means the individual(s) Small and Disadvantaged Business violation; and responsible for managing the Utilization in carrying out the purpose (3) The details of the violation (e.g., contracting office(s) within an Operating of the Small Business Act. the gratuity offered or intended) to Administration. obtain a contract or favorable treatment Contracting activity includes all the Subpart 1202.70—Internet Links under a contract. contracting offices within an Operating (b) The person reporting the violation Administration and is the same as the 1202.7000 General. and witnesses (if any) should be term ‘‘procuring activity.’’ Most documents cited throughout requested to sign and date the Contracting officer (CO) means an (TAR) 48 CFR chapter 12, can be found information certifying that the individual authorized by virtue of their on the internet. (TAR) 48 CFR chapter information furnished is true and position or by appointment to perform 12 will cite the corresponding internet correct. the functions assigned by the Federal address. (c) The COCO shall report suspected Acquisition Regulation (FAR), the violations to the Office of the Inspector Transportation Acquisition Regulation PART 1203—IMPROPER BUSINESS General (OIG) (J–1), 400 7th Street, SW., (TAR) and Transportation Acquisition PRACTICES AND PERSONAL Washington, DC 20590, with a copy to Manual (TAM). CONFLICTS OF INTEREST General Counsel (C–1) and the OA’s Department of Transportation means Subpart 1203.1—Safeguards Chief Counsel. all of the Operating Administrations included within the Department of Sec. 1203.204 Treatment of violations. Transportation (DOT). 1203.101–3 Agency regulations. (a) The HCA is authorized to Head of the agency or agency head for Subpart 1203.2—Contractor Gratuities to determine whether a Gratuities clause Departmental procurement means the Government Personnel violation has occurred. If the HCA has Deputy Secretary except for acquisition 1203.203 Reporting suspected violations of been personally and substantially actions that, by the terms of a statute or the Gratuities clause. involved in the procurement,
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Government legal counsel advice should PART 1204—ADMINISTRATIVE Subpart 1205.4—Release of Information be sought to determine if a substitute for MATTERS 1205.402 General public. the HCA should be designated. Subpart 1204.1—Contract Execution Authority: 5 U.S.C. 301; 41 U.S.C. 418b; (b) The COCO shall ensure that the (FAR) 48 CFR 1.3. contractor is afforded the hearing Sec. procedures required by (FAR) 48 CFR 1204.103 Contract clause. Subpart 1205.1—Dissemination Of 3.204(b). Government legal counsel Subpart 1204.8—Government Contract Files Information should be consulted regarding the 1204.804–5 Procedures for closing out 1205.101 Methods of disseminating appropriateness of the hearing contract. information. procedures. 1204.804–570 Supporting closeout documents. (b) The DOT Office of Small and (c) If the HCA determines that the Disadvantaged Business Utilization (S– alleged gratuities violation occurred Authority: 5 U.S.C. 301; 41 U.S.C. 418b; (FAR) 48 CFR 1.3. 40), 400 7th Street, SW., Washington, during the ‘‘conduct of an agency DC 20590 publishes a Procurement procurement’’ the COCO shall consult Subpart 1204.1—Contract Execution Forecast of planned procurements each with Government legal counsel fiscal year on their Web site at: http:// regarding the approach for appropriate 1204.103 Contract clause. osdbuweb.dot.gov/business/ processing of either the Procurement The contracting officer shall insert the procurement/forecast.html. Integrity Act violation and/or the clause at (FAR) 48 CFR 52.204–1, Gratuities violation. Approval of Contract, filled in as Subpart 1205.4—Release of appropriate, in solicitations and Information Subpart 1203.3—Reports of Suspected contracts when approval to award the Antitrust Violations resulting contract must be obtained from 1205.402 General public. (a) Upon request, DOT will furnish 1203.301 General. an official at a level above the contracting officer. the general public with the following (b) The same procedures contained in information on proposed contracts and (TAR) 48 CFR 1203.203 shall also be Subpart 1204.8—Government Contract contract awards: followed for suspected antitrust Files (1) Prior to the opening of sealed bids violations, except reports of suspected or the closing date for receipt of antitrust violations shall be coordinated 1204.804–5 Procedures for closing out proposals, the names of firms invited to with legal counsel for referral to the contract files. submit sealed bids or proposals; Department of Justice, if deemed 1204.804–570 Supporting closeout (2) Prior to the opening of sealed bids appropriate. documents. or the closing date for receipt of (a) When applicable (see paragraphs proposals, the names of firms which 1203.303 Reporting suspected antitrust attended pre-proposal or pre-bid violations. (a)(1) through (4) of this section) and prior to contract closeout, the conferences, if any; (b) The same procedures contained in contracting officer shall obtain the listed (3) After the opening of sealed bids, (TAR) 48 CFR 1203.203 shall also be DOT and Department of Defense (DOD) names of firms which submitted bids; followed for suspected antitrust forms from the contractor to facilitate and (4) After contract award, the names of violations, except reports of suspected contract closeout. antitrust violations shall be coordinated (1) Form DOT F 4220.4, Contractor’s firms which submitted proposals. (b) Requests for other specific with legal counsel for referral to the Release, see (FAR) 48 CFR 52.216–7; Department of Justice, if deemed (2) Form DOT F 4220.45, Contractor’s information shall be processed in appropriate. Assignment of Refunds, Rebates, Credits accordance with the DOT Freedom of and Other Amounts, (FAR) 48 CFR Information Act rules and regulations Subpart 1203.4—Contingent Fees 52.216–7; ((TAR) 48 CFR 1224.203). (3) Form DOT F 4220.46, Cumulative 1203.405 Misrepresentations or violations PART 1206—COMPETITION Claim and Reconciliation Statement, see of the Covenant Against Contingent Fees. REQUIREMENTS (FAR) 48 CFR 4.804–5(a)(13); and (a) and (b)(4) The same procedures (4) DD Form 882, Report of Inventions contained in (TAR) 48 CFR 1203.203 Subpart 1206.5—Competition and Subcontracts http:// Advocates shall also be followed for www.dior.whs.mil/forms/DD0882.PDF, misrepresentation or violations of the see (FAR) 48 CFR 52.227–14. Sec. covenant against contingent fees, except (b) The forms listed in paragraph (a) 1206.501 Requirement. reports of misrepresentation or of this section are used primarily for the Authority: 5 U.S.C. 301; 41 U.S.C. 418b; violations of the covenant against closeout of cost-reimbursement, time- (FAR) 48 CFR 1.3. contingent fees shall be coordinated and-materials, and labor-hour contracts. with legal counsel for referral to the However, the forms may also be used for Subpart 1206.5—Competition Department of Justice, if deemed closeout of other contract types or when Advocates appropriate. necessary to protect the Government’s interest. 1206.501 Requirement. Subpart 1203.5—Other Improper The DOT Senior Competition Business Practices PART 1205—PUBLICIZING CONTRACT Advocate (SCA) is the Deputy Assistant Secretary for Administration. 1203.502 Subcontractor kickbacks. ACTIONS Subpart 1205.1—Dissemination of 1203.502–2 Subcontractor kickbacks. PART 1207—ACQUISITION PLANNING Information (g) The same procedures contained in Sec. Subpart 1207.3—Contractor Versus (TAR) 48 CFR 1203.203 shall also be 1205.101 Methods of disseminating Government Performance followed for subcontractor kickbacks. information. Sec.
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1207.302 General. PART 1213—SIMPLIFIED ACQUISITION training is controlled by DOT. (Notice: 1207.305 Solicitation provisions and PROCEDURES The Secretary of Transportation has contract clause. determined that the certification Subpart 1213.71—Department of required by (TAR) 48 CFR 1252.237–71 Authority: 5 U.S.C. 301; 41 U.S.C. 418b; Transportation Procedures for Acquiring (FAR) 48 CFR 1.3. Training Services shall be retained in accordance with Section 4301(b)(1)(B)(i)(II) of the Federal Subpart 1207.3—Contractor Versus Sec. Acquisition Reform Act (Public Law 1213.7100 Applicability. Government Performance 1213.7101 Solicitation provision and 104–106, 41 U.S.C. 425, note) and DOT contract clause. Memorandum dated July 17, 1996.) 1207.302 General. (b) Contracting officers shall Authority: 5 U.S.C. 301; 41 U.S.C. 418b; incorporate the successful offeror’s DOT follows OMB Circular A–76, (FAR) 48 CFR 1.3. certified data into any resultant Performance of Commercial Activities, contract(s). Certified data may be and (FAR) 48 CFR 7.3 when cost Subpart 1213.71—Department of adopted by reference, if the contracting comparisons between Government and Transportation Procedures for Acquiring Training Services officer determines it contains contractor performance are conducted. information sufficient to reliably 1213.7100 Applicability. 1207.305 Solicitation provisions and describe the certified data submitted. contract clause. (a) DOT policy at (TAR) 48 CFR For example, this type of information 1237.7000 also applies to the Standard includes dated material such as resumes The contracting officer may insert Form (SF) 182, Request, Authorization, and company or personnel clause (TAR) 48 CFR 1252.237–73, Key Agreement and Certification of Training, qualifications. Personnel, in solicitations and contracts which may be used to acquire training when the acquisition is conducted services; however, the policy does not PART 1214—SEALED BIDDING pursuant to OMB Circular A–76 and apply to training services acquired by Subpart 1214.3—Submission of Bids meets the clause prescription the Government purchase/credit card. requirements at (TAR) 48 CFR The Government purchase/credit card Sec. 1214.302 Bid submission. 1237.110(b). can only be used to acquire training services valued at $2,500 or less. Authority: 5 U.S.C. 301; 41 U.S.C. 418b; PART 1211—DESCRIBING AGENCY (b) As reflected in (TAR) 48 CFR (FAR) 48 CFR 1.3. 1237.7002, this policy does not apply to NEEDS Subpart 1214.3—Submission of Bids training attended by DOT employees Subpart 1211.1—Selecting and Developing which is scheduled and conducted by 1214.302 Bid submission. Requirements Documents Government sources of supply, (b)(1) Contracting officers may permit Sec. educational institutions, or private telegraphic bids to be communicated by 1211.101 Order of precedence for entities where DOT does not control or means of a telephone call from the requirements documents. sponsor the training. Examples of when telegraph office to the designated office Subpart 1211.2—Using and Maintaining the policy does and does not apply provided that procedures and controls Requirements Documents include: have been established by the COCO for (1) When SF 182s are issued for three 1211.204–70 Solicitation provisions and receiving and safeguarding these DOT employees to attend a one week incoming bids. contract clauses. course at a university or other private Authority: 5 U.S.C. 301; 41 U.S.C. 418b; entity, the policy does not apply. DOT PART 1215—CONTRACTING BY (FAR) 48 CFR 1.3. does not control this course because the NEGOTIATION university or private entity has a Subpart 1211.1—Selecting and contract in place with the training Subpart 1215.2—Solicitation and Receipt of Proposals and Information Developing Requirements Documents provider and DOT is placing an order under an existing contract; and Sec. 1211.101 Order of precedence for (2) When DOT awards a contract to a 1215.207 Handling proposals and requirements documents. university or other private entity to information. Safeguards to ensure safety, security provide training for DOT and/or other Subpart 1215.4—Contract Pricing (including sensitive information and Government personnel, the policy 1215.404 Proposal analysis. information technology security) and applies. DOT controls this course; 1215.404–470 Payment of profit or fee. environmental protection shall be therefore, no soliciting or advertising of Subpart 1215.6—Unsolicited Proposals included, as applicable, in requirements private non-Government training while conducting the contracted-for training is 1215.602 Policy. documents. 1215.603 General. permitted. 1215.604 Agency points of contact. Subpart 1211.2—Using and 1213.7101 Solicitation provision and 1215.606 Agency procedures. Maintaining Requirements Documents contract clause. 1215.606–1 Receipt and initial review. 1215.606–2 Evaluation. (a) Contracting officers shall insert the 1211.204–70 Solicitation provisions and Authority: 5 U.S.C. 301; 41 U.S.C. 418b; contract clauses. provision at (TAR) 48 CFR 1252.237–71, Certification of Data, in all solicitations (FAR) 48 CFR 1.3. The contracting officer shall insert the and requests for quotations, and the Subpart 1215.2—Solicitation and clause at (TAR) 48 CFR 1252.211–70, clause at (TAR) 48 CFR 1252.237–72, Receipt of Proposals and Information Index for Specifications, when an index Prohibition on Advertising, in or table of contents may be furnished solicitations, requests for quotations, 1215.207 Handling proposals and with the specification. and all contracts (e.g., purchase orders, information. SF 182s) for training services when the (a) Offeror’s proposals and content and/or presentation of the information received in response to a
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request for information shall be marked 1215.606 Agency procedures. ensure compliance with all of the as required by TAM 1203.104–4, as (a) The Chief of the Contracting Office requirements of (FAR) 48 CFR 15.607. applicable. is responsible for establishing (b) Proposals may be released outside procedures for controlling unsolicited PART 1216—TYPES OF CONTRACTS the Government whenever it is the only proposals received in the contracting Subpart 1216.2—Fixed-Price Contracts means of receiving the most competent office. Within ten working days after Sec. technical and/or management receipt of an unsolicited proposal, the 1216.203 Fixed-price contracts with evaluation available. contracting office shall review the economic price adjustment. proposal and determine whether the 1216.203–4 Contract clauses. Subpart 1215.4—Contract Pricing proposal meets the content and marking 1216.203–470 Solicitation provision. 1215.404 Proposal analysis. requirements of (FAR) 48 CFR 15.6. If Subpart 1216.4—Incentive Contracts the proposal does not meet these 1215.404–470 Payment of profit or fee. requirements, it shall be returned to the 1216.406–70 DOT contract clauses. The contracting officer shall not pay submitter giving the reasons for Subpart 1216.5—Indefinite-Delivery Contracts profit or fee on undefinitized contracts noncompliance. or undefinitized contract modifications. (b) The OA contracting office is the 1216.505 Ordering. Any profit or fee earned shall be paid designated point of contact for receipt Subpart 1216.6—Time-and-Materials, Labor- after the contract or modification is and handling of unsolicited proposals. Hour, and Letter Contracts definitized. Persons within DOT who receive 1216.603 Letter contracts. unsolicited proposals, such as technical 1216.603–4 Contract clauses. Subpart 1215.6—Unsolicited Proposals personnel, shall forward the document to their responsible contracting office. Authority: 5 U.S.C. 301; 41 U.S.C. 418b; 1215.602 Policy. (FAR) 48 CFR 1.3. 1215.606–1 Receipt and initial review. DOT’s policy encourages submission Subpart 1216.2—Fixed-Price Contracts of new and innovative ideas that will (a) The agency contact point must support DOT’s mission. Through the make an initial review determination 1216.203 Fixed-price contracts with various Operating Administrations within seven calendar days after economic price adjustment. receiving a proposal. (OAs), DOT is responsible for 1216.203–4 Contract clauses. transportation safety improvements, (b) If the proposal meets the international transportation agreements requirements at (FAR) 48 CFR 15.606– 1216.203–470 Solicitation provision. and the continuity of transportation 1(a), the agency contact point must The contracting officer shall insert the services in the public interest. acknowledge receipt within three provision at (TAR) 48 CFR 1252.216–70, calendar days after making the initial Evaluation of Offers Subject to an 1215.603 General. review determination and advise the Economic Price Adjustment Clause, in DOT will accept unsolicited proposals offeror of the general timeframe for solicitations containing an economic from any entity for review and completing the evaluation. price adjustment clause. consideration. However, DOT will not (c) If the proposal does not meet the pay any costs associated with the requirements of (FAR) 48 CFR 15.606– Subpart 1216.4—Incentive Contracts preparation of these proposals. 1(a), the agency contact point must 1216.406–70 DOT contract clauses. Proposals that do not meet the return the proposal within three definition and applicable content and calendar days after making the (a) As authorized by (FAR) 48 CFR marking requirements of (FAR) 48 CFR determination. The agency point of 16–406(e), the contracting officer shall 15.6 will not be considered under any contact must inform the offeror, in insert the clause at (TAR) 48 CFR circumstances and will be returned to writing, of the reasons for returning the 1252.216–71, Determination of Award the submitter. proposal. Fee, in all cost-plus-award-fee solicitations and contracts. 1215.604 Agency points of contact. 1215.606–2 Evaluation. (b) The contracting officer shall insert (a) The DOT does not have a (a) Comprehensive evaluations should the clause at (TAR) 48 CFR 1252.216– centralized location to receive be completed within sixty calendar days 72, Performance Evaluation Plan, in all unsolicited proposals. The type of effort after making the initial review cost-plus-award-fee solicitations and submitted in the proposal determines determination. If additional time is contracts. (c) The contracting officer shall insert which DOT OA should receive and needed, then the agency contact point the clause at (TAR) 48 CFR 1252.216– evaluate the proposal. shall advise the offeror accordingly and 73, Distribution of Award Fee, in all (b) Unsolicited proposals should be provide a new evaluation completion cost-plus-award-fee solicitations and submitted to the responsible OA date. The evaluating office must neither contracts. contracting office for appropriate reproduce nor disseminate the proposal handling. Specific information to other offices without the consent of Subpart 1216.5—Indefinite-Delivery concerning the mission of each DOT OA the contracting office from which the Contracts is available on the worldwide web at proposal was received for evaluation. If http://www.dot.gov. Prospective additional information from the offeror 1216.505 Ordering. contractors are urged to contact these is required by the evaluating office, the (b)(5) Unless otherwise designated by contracting/procurement offices prior to evaluator must convey this request to the Head of the Operating submitting a proposal to ensure that the the responsible contracting office. The Administration, the Competition unsolicited proposal reaches the correct evaluator shall not directly contact the Advocate for the Operating contracting office for action. This action proposal originator. Administration (OA) is designated as will reduce unnecessary paperwork and (b) If the evaluator recommends the OA Task and Delivery Order wasted time for both the Government acceptance of the proposal, the Ombudsman. If any corrective action is and the prospective contractors. responsible contracting officer shall needed after reviewing complaints from
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contractors on task and delivery order guarantee longer than the usual 60 days; Subpart 1219.8—Contracting with the contracts, the OA Ombudsman shall or Small Business Administration (The provide a written determination of such (ii) When the contracting officer’s 8(a) Program) action to the contracting officer. Issues inquiry discloses that increased costs that cannot be resolved within the OA, will result or are expected to result from 1219.800 General. shall be forwarded to the DOT Task and a longer guarantee period, the (f) The Small Business Administration Delivery Order Ombudsman for review contracting officer shall submit a letter (SBA) and DOT have entered into a and resolution. The DOT Task and to the Chief of the Contracting Office, Partnership Agreement (PA) authorizing Delivery Order Ombudsman is located requesting approval for use of guarantee DOT contracting officers to enter into in the Office of the Senior Procurement period in excess of 60 days. The letter direct 8(a) contracts on behalf of SBA. Executive. must contain sufficient facts to justify 1219.811–3 Contract clauses. the use of a longer guarantee period. Subpart 1216.6—Time-and-Materials, Upon approval, the contracting officer (d)(3) When an acquisition is Labor-Hour, and Letter Contracts may insert a longer period in the first processed pursuant to the DOT/SBA Partnership Agreement, the contracting 1216.603 Letter contracts. sentence of the clause at (TAR) 48 CFR 1252.217–70, Guarantee. officer shall use the clause at (FAR) 48 1216.603–4 Contract clauses. (b) The following clauses are required: CFR 52.219–18, Notification of Competition Limited to Eligible 8(a) The contracting officer shall insert the (1) (TAR) 48 CFR 1252.217–71 Concerns, with its Alternate III, (TAR) clause at (TAR) 48 CFR 1252.216–74, through (TAR) 48 CFR 1252.217–74; 48 CFR 1252.219–72. Settlement of Letter Contract, in all and, (f) The contracting officer shall insert definitized letter contracts. (2) (TAR) 48 CFR 1252.217–76 through (TAR) 48 CFR 1252.217–80. the clause at 1252.219–71, Section 8(a) PART 1217—SPECIAL CONTRACTING (c) (TAR) 48 CFR 1252.217–75 may be Direct Awards, in all solicitations and METHODS included in sealed bid fixed-price contracts processed under the PA. In solicitations and contracts for vessel accordance with the CAAC Letter 98–3, Subpart 1217.70—Fixed Price Contracts for the following FAR clauses shall not be Vessel Repair, Alteration or Conversion repair, alteration, or conversion which are to be performed within the United used when processing a Direct 8(a) Sec. States, its possessions, or Puerto Rico. award under the MOU: (FAR) 48 CFR 1217.7000 Definition. 52.219–11, Special 8(a) Contract 1217.7001 Clauses. (d) Unless inappropriate, the clauses set forth in (TAR) 48 CFR 1252.217–71 Conditions, (FAR) 48 CFR 52.219–12, Authority: 5 U.S.C. 301; 41 U.S.C. 418b; through (TAR) 48 CFR 1252.217–74 and Special 8(a) Subcontract Conditions, (FAR) 48 CFR 1.3. (TAR) 48 CFR 1252.217–76 through and (FAR) 48 CFR 52.219–17, Section 8(a) Award. Subpart 1217.70—Fixed Price (TAR) 48 CFR 1252.217–80 shall be Contracts for Vessel Repair, Alteration included. 1219.812 Contract administration. or Conversion (e) (TAR) 48 CFR 1252.217– may be (d) All direct 8(a) awards made included in negotiated solicitations and pursuant to the PA are subject to 15 1217.7000 Definition. contracts to be performed outside the U.S.C. 637(a) (21). These contracts Lay Days means the time allowed to United States. contain the clause at (TAR) 48 CFR the master of a vessel for loading and 1252.219–71, Section 8(a) Direct Award, unloading the same. PART 1219—SMALL BUSINESS PROGRAMS which requires the 8(a) contractor to 1217.7001 Clauses. notify the SBA and the contracting Subpart 1219.2—Policies officer when ownership of the firm is (a) The clause at (TAR) 48 CFR being transferred. 1252.217–70, Guarantee, shall be used Sec. 1219.201 General policy. where general guarantee provisions are Subpart 1219.10—Small Business deemed desirable by the contracting Subpart 1219.8—Contracting with the Small Competitiveness Demonstration officer. Business Administration (The 8(a) Program) Program (1) When inspection and acceptance 1219.800 General. tests will afford full protection to the 1219.811–3 Contract clauses. 1219.1003 Purpose. Government in ascertaining 1219.812 Contract administration. (b) Contracting officers shall use the conformance to specifications and the Subpart 1219.10—Small Business targeted industry categories listed at absence of defects and deficiencies, no Competitiveness Demonstration Program (TAR) 48 CFR 1219.1005(b) to expand guarantee clause for that purpose shall 1219.1003 Purpose. small business participation in the small be included in the contract. 1219.1005 Applicability. business competitive demonstration (2) The customary guarantee period, Appendix A to Part 1219—Targeted program. to be inserted in the first sentence of the Industry Categories clause at (TAR) 48 CFR 1252.217–70, 1219.1005 Applicability. Authority: 5 U.S.C. 301; 41 U.S.C. 418b; (b) Targeted industry categories. Guarantee, is 60 days. In certain (FAR) 48 CFR 1.3. instances, it may be advisable for the DOT’s targeted industry categories are contracting officer to include a contract Subpart 1219.2—Policies shown in Appendix A to this part. clause for a guarantee period longer than 60 days. These instances are as 1219.201 General policy. APPENDIX A TO PART 1219 follows: (c) The Director, Office of Small and FPDS products (i) If, as result of a full inquiry, the Disadvantaged Business Utilization (S– Targeted industry categories* and service contracting officer determines that there 40), is responsible for carrying out the code will be no increased costs as a result of functions and duties in sections 8, 15, (1) Engineering Development ...... AT94 a longer guarantee period, the and 31 of the Small Business Act, as (2) Systems Engineering Services R414 contracting officer may substitute amended. (15 U.S.C. 637, 644, and 657.) (Only).
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APPENDIX A TO PART 1219— person denying entry shall make a Subpart 1223.3—Hazardous Material Continued written report to the DOT labor Identification and Material Safety Data coordinator, the Office of the General FPDS products Counsel, Office of Environmental Law, 1223.303 Contract clause. Targeted industry categories* and service The contracting officer shall insert the code Civil Rights and General Law (C–10), within the Office of the Secretary of clause at (TAR) 48 CFR 1252.223–70, (3) Radio/TV Communication 5820 Transportation or corresponding OA Removal or Disposal of Hazardous Equipment (except airborne). Substances—Applicable Licenses and (4) Maintenance, Repair, and Re- J028/J010 labor advisor, within two working days building of engines, turbines, after the request for entry is denied. The Permits, in solicitations and contracts components and weapons report shall include the reason(s) for the involving the removal or disposal of equipment. denial, the name of the representative hazardous waste material. (5) ADP Central Processing Units: denied entry, the union affiliation and Analog ...... 7020 Subpart 1223.70—Safety Requirements number, and the name and title of the Digital ...... 7021 for Selected DOT Contracts Hybrid ...... 7022 person that denied the entry. (6) ADP Support Equipment ...... 7035 1223.7000 Contract clauses. (7) ADP Components ...... 7050 1222.101–71 Contract clauses. (8) ADP Development Services D302/D305 (a) Where all or part of a contract will and ADP Teleprocessing and (a) When applicable, the contracting be performed on Government-owned or Timesharing Services. officer may insert the clause at (TAR) 48 (9) Gas Turbines and Jet En- 2840 leased property, the contracting officer gines, Aircraft; and Compo- CFR 1252.222–70, Strikes or Picketing shall insert the clause at (TAR) 48 CFR nents. Affecting Timely Completion of the 1252.223–71, Accident and Fire (10) Radar Equipment (except air- 5840/AT31 Contract Work, in solicitations and Reporting. borne) and Navigation and (b) For all solicitations and contracts Navigational Aids (basic re- contracts. search). (b) When applicable the contracting under which human test subjects will be utilized, the contracting officer shall * The industry categories were derived from Fed- officer may insert the clause at (TAR) 48 eral Procurement Data System Product and Service CFR 1252.222–71, Strikes or Picketing insert the clause at (TAR) 48 CFR Codes Manual. Affecting Access to a DOT Facility, in 1252.223–72, Protection of Human solicitations and contracts. Subjects. Upon written request, copies PART 1222—APPLICATION OF LABOR of the applicable National Highway LAWS TO GOVERNMENT Subpart 1222.4—Labor Standards for Traffic Safety Administration (NHTSA) ACQUISITIONS Contracts Involving Construction policies and procedures may be Subpart 1222.1—Basic Labor Policies obtained from NHTSA’s Associate 1222.406 Administration and enforcement. Administrator for Administration Sec. (NPO–200), 400 7th Street, SW., 1222.101 Labor relations. 1222.406–9 Withholding from or 1222.101–70 Admittance of union suspension of contract payments. Washington DC 20590. representatives to DOT installations. (c) Pursuant to Executive Order 1222.101–71 Contract clauses. (c) Disposition of contract payments 13043, Increasing Seat Belt Use in the withheld or suspended. (1) Forwarding United States, the contracting officer Subpart 1222.4—Labor Standards for Contracts Involving Construction wage underpayments to the Secretary of shall insert the clause at (TAR) 48 CFR the Treasury. The contracting officer 1252.223–73, Seat Belt Use Policies and 1222.406 Administration and enforcement. shall ensure that a completed Form DOT Programs in all solicitations and 1222.406–9 Withholding from or suspension of contract payments. F 4220.7, Employee Claim for Wage contracts, exceeding the simplified Restitution, is obtained from each acquisition threshold. Authority: 5 U.S.C. 301; 41 U.S.C. 418b; employee claiming restitution under the (FAR) 48 CFR 1.3. contract. The Comptroller General PART 1224—PROTECTION OF PRIVACY AND FREEDOM OF Subpart 1222.1—Basic Labor Policies (Claims Division) must receive this form with a completed Standard Form (SF) INFORMATION 1222.101 Labor relations. 1093, Schedule of Withholding Under Subpart 1224.1—Protection of Individual 1222.101–70 Admittance of union the Davis-Bacon Act or the Contract Privacy representatives to DOT installations. Work Hours and Safety Standards Act, Sec. before payment can be made to the (a) It is DOT policy to admit labor 1224.102–70 General. employee. union representatives of contractor 1224.103 Procedures. employees to DOT installations to visit PART 1223—ENVIRONMENT, ENERGY Subpart 1224.2—Freedom of Information work sites and transact labor union AND WATER EFFICIENCY, Act business with contractors, their RENEWABLE ENERGY 1224.203 Policy. employees, or union stewards pursuant TECHNOLOGIES, OCCUPATIONAL Authority: 5 U.S.C. 301; 41 U.S.C. 418b; to existing union collective bargaining SAFETY, AND DRUG-FREE (FAR) 48 CFR 1.3. agreements. Their presence shall not WORKPLACE interfere with the contractor’s work Subpart 1224.1—Protection of progress under a DOT contract nor Subpart 1223.3—Hazardous Material Individual Privacy violate the safety or security regulations Identification and Material Safety Data 1224.102–70 General. that may be applicable to persons Sec. visiting the installation. The union 1223.303 Contract clause. (a) Systems of records to which the representatives will not be permitted to Privacy Act applies shall not be released conduct meetings, collect union dues, or Subpart 1223.70—Safety Requirements for except by the Government regardless of Selected DOT Contracts make speeches concerning union whether the Government or a contractor matters while visiting a work site. 1223.7000 Contract clauses. acting on behalf of the Government is (b) Whenever a union representative Authority: 5 U.S.C. 301; 41 U.S.C. 418b; maintaining the records. Examples of is denied entry to a work site, the (FAR) 48 CFR 1.3. systems of records are:
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(1) Personnel, payroll and background under this section shall be coordinated written or oral arguments submitted by records personal to any officer or with the legal counsel of the responsible the contractor (assignee or exclusive employee of DOT, or other person, office. licensee) and agency representatives, including his or her residential address; (1) Actions must be appealed within and any other information in the (2) Medical histories and medical 30 days of receipt of the written administrative record. The HCA may records concerning individuals, statement required by (FAR) 48 CFR reject only those facts that have been including applications for licenses; and 27.304–5(a). The contractor must found clearly erroneous and must (3) Any other detailed record present all pertinent arguments in the explicitly state the rejection and the containing information identifiable with appeal along with documentary basis for the contrary finding. The HCA a particular person. evidence, if any. shall provide the contractor (assignee or (b) Examples of systems of records to (2) The HCA shall issue a exclusive licensee) a written which the Privacy Act does not apply determination within 45 days from the determination by certified or registered are: date the contractor’s appeal is received. mail no later than 90 days after fact- (1) Records that are maintained by a (c) Appeals of decisions rendered finding is completed or no later than 90 contractor on individuals employed by under (FAR) 48 CFR 27.304–5(a)(2) are days after oral arguments, whichever is the contractor in the process of subject to the following requirements: later. providing goods and services to the (1) Actions must be appealed within Federal government; and 30 days of receipt of the written 1227.305 Administration of patent rights (2) Records generated on contract statement required by (FAR) 48 CFR clauses. students pursuant to their attendance 27.304–5(a). The contractor must 1227.305–4 Conveyance of invention (e.g., admission forms, grade reports) present all pertinent arguments in the rights acquired by the Government. when contracting with an educational appeal along with documentary Solicitations and contracts that institution. These records must be evidence, if any. include a patent rights clause must similar to those maintained on other (2) The HCA may hold an informal provide the contractor the means to students, must not reveal their hearing if deemed appropriate or at the report inventions made in the course of identities, and must not be commingled request of the contractor. The informal contract performance and at contract with records of other students. hearing shall be held after all fact- finding is completed. completion. This requirement may be 1224.103 Procedures. (i) If a hearing is held, there shall be fulfilled by requiring the contractor to DOT rules and regulations a transcribed record of the same. A copy submit a DD Form 882, Report of implementing the Privacy Act of 1974 of the transcript shall be available to the Inventions and Subcontracts. are located at 49 CFR part 10. contractor at cost. PART 1228—BONDS AND INSURANCE (ii) Transcription of the hearing may Subpart 1224.2—Freedom of be waived by mutual agreement of the Subpart 1228.1—Bonds and Other Financial Information Act parties. Protections 1224.203 Policy. (3) The HCA shall designate an Sec. impartial fact-finding official. The 1228.106 Administration. DOT rules and regulations official conducting the fact-finding shall implementing the Freedom of 1228.106–1 Bonds and bond-related forms. prepare findings of fact and transmit 1228.106–6 Furnishing of information. Information Act (FOIA) and the names them to the HCA promptly after the 1228.106–70 Execution and administration and addresses of the OA FOIA offices conclusion of the fact-finding of bonds. are located in 49 CFR Part 7. Specific proceeding along with a recommended 1228.106–71 Performance and payment contract award information shall be determination. bonds for certain contracts. requested from the FOIA office of the (i) A copy of the findings of fact shall 1228.106–7100 Waiver. OA making the contract award. 1228.106–7101 Exception. be sent to the contractor (assignee or 1228.106–470 Contract clause. exclusive licensee) by registered or PART 1227—PATENTS, DATA, AND Subpart 1228.3—Insurance COPYRIGHTS certified mail. The contractor (assignee or exclusive licensee) and agency 1228.306 Insurance under fixed-price Subpart 1227.3—Patent Rights Under representatives will be given 30 days to contracts. Government Contracts submit written arguments to the HCA; 1228.306–70 Contracts for lease of aircraft. 1228.307–1 Group insurance plans. Sec. and, upon request by the contractor oral 1228.311–1 Contract clause. 1227.304 Procedures. arguments will be held before the HCA 1227.304–5 Appeals. as part of an informal hearing. The HCA Authority: 5 U.S.C. 301; 41 U.S.C. 418b; 1227.305 Administration of patent rights will make the final determination as to (FAR) 48 CFR 1.3. clauses. whether the initial agency action was Subpart 1228.1—Bonds and Other 1227.305–4 Conveyance of invention rights appropriate under the relevant laws and acquired by the Government. Financial Protections procedures (See 1227.304–5(c)(4)). Authority: 5 U.S.C. 301; 41 U.S.C. 418b; (ii) Any portion of the informal 1228.106 Administration. (FAR) 48 CFR 1.3. hearing that involves testimony or evidence shall be closed to the public. 1228.106–1 Bonds and bond-related Subpart 1227.3—Patent Rights Under Agencies shall not disclose any such forms. Government Contracts information obtained in the course of (b) Standard Form (SF) 25, 1227.304 Procedures. the appeal to persons outside the Performance Bond, prescribed at (FAR) government except when such release is 48 CFR 28.106–1(b), shall provide 1227.304–5 Appeals. authorized by the contractor (assignee or coverage for taxes imposed by the (b) Agency actions listed at (FAR) 48 licensee). United States which are collected, CFR 27.304–5(a)(1) and (a)(3) through (4) The HCA’s final determination deducted, or withheld from wages paid (a)(5) may be appealed to the Head of shall be based on the findings of facts, by the contractor. Forms other than the the Contracting Activity (HCA). Actions together with any other information and SF 25 (e.g., a commercial form) shall not
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be used by contractors when a (b) When a partnership is a principal submitted by the contracting officer to performance bond is required. on a bond, the names of all the members the HCA, before a solicitation is issued. of the firm shall be listed in the bond 1228.106–6 Furnishing of information. following the name of the firm, and the 1228.106–470 Contract clause. (b) When furnishing surety phrase ‘‘a partnership composed of.’’ If The contracting officer must insert the information, the inquirer should also be a principal is a corporation, the state of clause at (TAR) 48 CFR 1252.228–73, informed that: incorporation must also appear on the Notification of Miller Act Payment Bond (1) Persons believing that they have bond. Protection, in solicitations and contracts legal remedies under the Miller Act (40 (c) Performance or payment bond(s), when payment bonds are required. U.S.C. 3131–3134) are cautioned to other than an annual bond, shall not Subpart 1228.3—Insurance consult their own legal advisor predate the contract to which it regarding the proper steps to take to pertains. 1228.306 Insurance under fixed-price obtain remedies. (d) Bonds may be filed with the contracts. (2) On construction contracts original contract to which they apply, or all bonds can be separately maintained 1228.306–70 Contracts for lease of exceeding $2,000, if the contracting aircraft. officer is informed (through routine and reviewed quarterly for validity. If compliance checking, a complaint, or a separately maintained, each contract file (a) The contracting officer shall insert request for information) that a laborer, shall cross-reference the applicable the clauses at (TAR) 48 CFR 1252.228– mechanic, apprentice, trainee, bonds. 70 through 1252.228–72, unless watchman, or guard employed by the otherwise indicated by the specific 1228.106–71 Performance and payment instructions for their use, in any contractor or subcontractor at any tier bonds for certain contracts. may have been paid wages less than contract for the lease of aircraft those required by the applicable labor 1228.106–7100 Waiver. (including aircraft used in out-service flight training). standards provisions of the contract, the (a) Pursuant to the authority vested in contracting officer shall promptly the Secretary of Transportation by the (b) The contracting officer shall insert initiate an investigation in accordance Miller Act, the requirements of 40 the clause at (TAR) 48 CFR 1252.228– with (FAR) 48 CFR subpart 22.4, U.S.C. 3131 et seq. are waived, to the 70, Loss of or Damage to Leased irrespective of the employee’s rights extent authorized in 40 U.S.C. 3134(b), Aircraft, in any contract for the lease of under the Miller Act. When an with respect to contracts for the aircraft, except in the following employee’s request for information is construction, alteration, or repair of circumstances: involved, the contracting officer shall vessels when the contract is made under (1) When the hourly rental rate does inform the inquirer that such sections 1535 and 1536 of Title 31, the not exceed $250 and the total rental cost investigation will be made. To insure Merchant Marine Act 1936 (46 App. for any single transaction is not in proper payment to such employees, this U.S.C. 1101 et seq.), or the Merchant excess of $2,500: investigation is required pursuant to the Ship Sales Act of 1946 (50 App. U.S.C. (2) When the cost of hull insurance provisions of the Davis-Bacon Act, 1735 et seq.), regardless of the terms of does not exceed 10 percent of the Contract Work Hours and Safety the contracts as to payment or title. contract rate; or Standards Act (40 U.S.C. 3141), and (b) The Miller Act’s requirement that (3) When the lessor’s insurer does not Copeland (Anti-Kickback) Act (41 certain contracts have payment bonds in grant a credit for uninsured hours, U.S.C. 51–58). place in order to protect the public, thereby preventing the lessor from (c) When furnishing a copy of a including the Government, material, granting the same to the Government. payment bond and contract in men and laborers is not generally (c) The contracting officer must insert accordance with (FAR) 48 CFR 28.106– necessary with respect to the classes of the clause at (TAR) 48 CFR 1252.228– 6(b), the requirement for a copy of the contracts described under (TAR) 48 CFR 71, Fair Market Value of Aircraft, when contract may be satisfied by furnishing 1228.106–7100(a). Inasmuch as the fair market value of the aircraft can be a machine-duplicate copy of the Government would directly or determined. contractor’s first pages which show the indirectly bear the burden of premiums (d) 49 U.S.C. 44112, as amended, contract number and date, the for performance and payment bonds provides that an aircraft lessor under a contractor’s name and signature, the obtained in connection with such lease of 30 days or more is not liable for contracting officer’s signature, and the contracts, a substantial savings can be injury or death of persons, or damage or description of the contract work. The made by waiving the requirement that loss of property, unless the aircraft is in contracting officer furnishing the copies they be obtained. However, unusual the actual possession or control of the shall place the statement ‘‘Certified to circumstances may arise in which either lessor and the damage occurs because of be a true and correct copy’’ followed by payment or performance bonds, or both, (1) The aircraft, engine or propeller, or his/her signature, title and name of the will be advantageous in connection with (2) The flight of, or an object falling OA. The fee for furnishing the requested certain such contracts. from, the aircraft, engine, or propeller. certified copies shall be determined in On short-term or intermittent-use leases, accordance with the DOT Freedom of 1228.106–7101 Exception. however, the owner may be liable for Information Act regulation, 49 CFR part A performance and payment bond for damage caused by operation of the 7, (TAR) 48 CFR 1224.203). the contracts described under (TAR) 48 aircraft. It is usual for the aircraft owner CFR 1228.106–7100(a) may be to retain insurance covering this 1228.106–70 Execution and administration advantageous in view of unusual liability during the term of such lease. of bonds. circumstances arising in connection Such insurance can, often for little or no (a) The contracting officer shall notify with such contracts. Requests for the increase in premium, be made to cover the surety within 30 days, of the authority to include the requirement for the Government’s exposure to liability contractor’s failure to perform in either a performance or payment bond, as well. In order to take advantage of accordance with the terms of the or both in the contracts described under this coverage, the Risks and Indemnities contract. (TAR) 48 CFR 1228.106–7100(a) shall be clause at (TAR) 48 CFR 1252.228–72
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prescribed in paragraph (d)(1) of this PART 1231—CONTRACT COST 1232.7002 Invoice and voucher review and section shall be used. PRINCIPLES AND PROCEDURES approval. Appendix A to Part 1232—Instructions for (1) The contracting officer shall insert Subpart 1231.2—Contracts With Completing The SF 1034 the clause at (TAR) 48 CFR 1252.228– Commercial Organizations Appendix B to Part 1232—Instructions for 72, Risk and Indemnities, in any Sec. Completing the SF 1035 contract for out-service flight training or 1231.205 Selected costs. for the lease of aircraft when the 1231.205–32 Precontract costs. Authority: 5 U.S.C. 301; 41 U.S.C. 418b; (FAR) 48 CFR 1.3. Government will have exclusive use of Authority: 5 U.S.C. 301; 41 U.S.C. 418b; the aircraft for a period of less than (FAR) 48 CFR 1.3. Subpart 1232.70—Contract Payments thirty days. Subpart 1231.2—Contracts With 1232.7002 Invoice and voucher review and (2) Any contract for out-service flight Commercial Organizations training shall include a clause in the approval. contract schedule stating substantially 1231.205 Selected costs. (a) Under fixed-price contracts, the that the contractor’s personnel shall at 1231.205–32 Precontract costs. contracting officer shall require the all times during the course of the (a) The decision to incur precontract contractor to submit an invoice or training be in command of the aircraft costs is that of the contractor. No DOT voucher in order to receive payment and that at no time must other employee can authorize, demand, or under the contract. The invoice or personnel be permitted to take require a contractor to incur precontract voucher may be on a form or company command of the aircraft. costs. The contracting officer may letterhead as long as it meets the requirements of the Management and 1228.307–1 Group insurance plans. advise the prospective contractor that any costs incurred before contract award Budget (OMB) regulation at 5 CFR part (a) Prior approval requirements. The are at the contractor’s sole risk and that 1315 as implemented by (FAR) 48 CFR contracting officer shall instruct the if negotiations fail to result in a binding Subpart 32.9, and the contract. contractor on a contract-by-contract contract, payment of these costs may not (b) Under other than fixed-price basis on proposed purchases of group be made by the Government. contracts, the contracting office shall (b) When the contracting officer insurance plans. Legal advice should be require the contractor to submit the SF determines that incurring precontract sought where necessary on the 1034, Public Voucher for Purchases and costs was necessary to meet the advantages to the Government. Services Other Than Personal, and the proposed contract delivery schedule of 1228.311–1 Contract clause. a cost-reimbursement contract, the SF 1035, Public Voucher for Purchases clause at (TAR) 48 CFR 1252.231–70, and Services Other Than Personal The contracting officer shall insert the (Continuation Sheet), to request clause at (FAR) 48 CFR 52.228–7, Date of Incurrence of Costs, may be inserted in the resultant contract. payments. The forms must be completed Insurance Liability to Third Persons, as as required by Appendix A to this part, prescribed in FAR 28.311–1 unless it is PART 1232—CONTRACT FINANCING Instructions for Completing the SF 1034, waived by an official one level above and Appendix B to this part, Subpart 1232.70—Contract Payments the contracting officer. Instructions for Completing the SF 1035. Sec.
APPENDIX A TO PART 1232—INSTRUCTIONS FOR COMPLETING THE SF 1034 [The SF 1034, Public Voucher for Purchases and Services Other Than Personal, shall be completed in accordance with the below instructions. The numbered items correspond to the entries on the form.]
Caption on the SF 1034 Data to be inserted in the block
1. U.S. Department, Bureau, or establishment and location ... Name and address of the contracting office which issued the contract. 2. Date voucher prepared ...... Date voucher submitted to the designated billing office cited under the contract or order. 3. Contract No. and date ...... Contract No. and, when applicable, the Order No. and date as shown on the award document. 4. Requisition No. and date ...... Leave blank or fill-in in accordance with the instructions in the contract. 5. Voucher No...... Start with ‘‘1’’ and number consecutively. A separate series of consecutive num- bers must be used beginning with ‘‘1’’ for each contract number or order num- ber (when applicable). Note: Insert the word ‘‘FINAL’’ if this is the last voucher. 6. Schedule No.; paid by; date invoice received; discount Leave all these blocks blank. terms; payee’s account No.; shipped from/to; weight; gov- ernment B/L. 7. Payee’s name and address ...... Name and address of contractor as it appears on the contract. If the contract is assigned to a bank, also show ‘‘CONTRACT ASSIGNED’’ below the name and address of the contractor. 8. Number and date or order ...... Leave blank. (See #3 above.) 9. Date of delivery or service ...... The period for which the incurred costs are being claimed (e.g., month and year; beginning and ending date of services, etc.). 10. Articles or services ...... Insert the following: ‘‘For detail, see the total amount of the claim transferred from the attached SF 1035, page X of X.’’ One space below this line, insert the following: ‘‘COST REIMBURSABLE-PROVISIONAL PAYMENT.’’ 11. Quantity; unit price; (cost; per) ...... Leave blank. 12. Amount ...... Insert the total amount claimed from the last page of the SF 1035. Payee must NOT use the space below ...... Do NOT write or type below this line.
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Appendix B to Part 1232—Instructions (6) Other Direct Costs. Itemize those costs 1233.214 Alternative dispute resolution for Completing the SF 1035 that cannot be placed in categories (1) (ADR). through (5) above. Categorize these costs to The SF 1035, Public Voucher for Purchases the extent possible. (c) The Administrative Dispute and Services Other Than Personal (7) Total Direct Costs. Cite the sum of Resolution Act (ADRA) of 1990, Public (Continuation Sheet), shall be completed in categories (1) through (6) above. Law 101–552, as reauthorized by the accordance with the below instructions. (8) Overhead. Cite the rate, base, and Administrative Dispute Resolution Act 1. Use the same basic instructions for the extended amount. (ADRA) of 1996, Public Law 104–320, SF 1035 as used for the SF 1034. Ensure that (9) G&A Expense. Cite the rate, base, and authorizes and encourages agencies to the contract and, if applicable, order number, extended amount. use mediation, conciliation, arbitration, are shown on each continuation sheet. Use as (10) Total Costs. Cite the sum of categories and other techniques for the prompt and many sheets as necessary to show the (7) through (9) above. information required by the contract, informal resolution of disputes, either (11) Fee. Cite the rate, base, and extended before or after appeal, and for other contracting officer, or responsible audit amount. agency; however, if more than one sheet of (12) Total Cost and Fee Claimed. Enter this purposes. ADR procedures may be used SF 1035 is used, each sheet shall be in amount on the SF 1034. when: numerical sequence. (1) There is mutual consent by the Completion Voucher 2. The following items are generally parties to participate in the ADR process entered below the line with Number and Date The completion (final) voucher is the last of Order; Date of Delivery or Service; Articles (with consent being obtained either voucher to be submitted for incurred, before or after an issue in controversy or Services; Quantity; Unit Price; and allocable, and allowable costs expended to Amount (but do not necessarily tie to these perform the contract or order. This voucher has arisen); captions). should include all contract reserves, (2) Prior to the submission of a claim; 3. Description of data to be inserted as it allowable cost withholdings, balance of fixed and applies to the contract or order number. fee, etc. However, the amount of the a. Show, as applicable, the target or (3) In resolution of a formal claim. completion voucher when added to the total Use of ADR shall be coordinated with estimated costs, target or fixed-fee, and total amount previously paid cannot exceed the contract value, as adjusted by any total amount of the contract. counsel. For all matters filed with the modifications to the contract or order. The DOTBCA, the DOTBCA Alternate FAR permits the contracting officer to PART 1233—PROTESTS, DISPUTES, Dispute Resolution (ADR) procedures withhold a percentage of fixed fee until a AND APPEALS contained in 48 CFR Chapter 63, Section reserve is set aside in an amount that is 6302.30, ADR Methods (Rule 30), will considered necessary to protect the Subpart 1233.1 Protests be distributed to the parties, if ADR Government’s interest. Sec. b. Show the following costs and supporting procedures are used. 1233.103 Protests to the agency. data (as applicable) to the contract or order: (d) Pursuant to the ADRA, DOT has 1233.104 Protests to GAO. (1) Direct Labor. List each labor category, appointed a Dispute Resolution rate per labor hour, hours worked, and Subpart 1233.2—Disputes and Appeals Specialist, who is responsible for the extended total labor dollars per labor 1233.211 Contracting officer’s decision. operations of the Center for Alternative category. 1233.214 Alternative dispute resolution Dispute Resolution, (C–4). The Center (2) Premium Pay/Overtime. List each labor (ADR). may provide an internal DOT neutral category, rate per labor hour, hours worked, and the extended total labor dollars per labor Authority: 5 U.S.C. 301; 41 U.S.C. 418b; agreeable to the parties to conduct any category. Note: Advance written (FAR) 48 CFR 1.3. of the alternative means of dispute authorization must be received from the resolution set forth in the ADRA, 5 contracting officer to work overtime or to pay Subpart 1233.1—Protests U.S.C. 571(3) on a non-reimbursable premium rates; therefore, identify the basis for DOT operating administrations 1233.103 Protests to the agency. contracting officer’s written authorization to and their contracting partners. the contractor. (c) DOT Operating Administrations Alternative means of dispute resolution (3) Fringe Benefits. If fringe benefits are (OAs) shall consider the use of Alternate include settlement negotiations, included in the overhead pool, no entry is Dispute Resolution (ADR) in all agency conciliation, facilitation, mediation, fact required. If the contract allows for a separate fringe benefit pool, cite the formula (rate and protest actions. finding, mini-trials, and arbitration, or any combination of these methods. The base) in effect during the time the costs were 1233.104 Protests to GAO. incurred. If the contract allows for billing Center may also arrange for an external fringe benefits as a direct expense, show the The protest process at the public or private neutral at the parties’ actual fringe benefit costs. Government Accountability Office expense. (4) Materials, Supplies, Equipment. Show (GAO) may include ADR assistance by those items normally treated as direct costs. GAO. The contracting officer shall, with PART 1235—RESEARCH AND Expendable items need not be itemized and DEVELOPMENT CONTRACTING may be grouped into major classifications advice of counsel, explore the such as office supplies. However, items possibility of using ADR for all GAO Sec. valued at $5,000 or more must be itemized. protests. 1235.003 Policy. See (FAR) 48 CFR part 45, Government Subpart 1235.70—Research Misconduct Property, for reporting of property. Subpart 1233.2—Disputes and Appeals (5) Travel. List the name and title of 1235.7000 Contract clause. 1233.211 Contracting officer’s decision. traveler, place of travel, and travel dates. If Authority: 5 U.S.C. 301; 41 U.S.C. 418b; the travel claim is based on the actual costs For DOT contracts, the Board of (FAR) 48 CFR 1.3. expended, show the amount for the mode of Contract Appeals (BCA) referenced at travel (i.e., airline, private auto, taxi, etc.), (FAR) 48 CFR 33.211 is the Department 1235.003 Policy. lodging, meals, and other incidental expenses separately, on a daily basis. These actual of Transportation Board of Contract (b) Cost sharing. DOT cost sharing costs must be supported with receipts to Appeals (S–20), 400 7th Street, SW., policies shall be in accordance with substantiate the costs paid. Travel costs for Washington, DC 20590. The DOTBCA (FAR) 48 CFR 16.303, (FAR) 48 CFR consultants must be shown separately and Rules of Procedure are contained in 48 42.707(a), and Operating Administration also supported. CFR chapter 63, part 6301. (OA) procedures.
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Subpart 1235.70—Research contracts for services when the selection PART 1239—ACQUISITION OF Misconduct for award is substantially based on the INFORMATION TECHNOLOGY offeror’s possession of special 1235.7000 Contract clause. capabilities regarding personnel. Subpart 1239.1—General The contracting officer shall insert the Sec. clause at (TAR) 48 CFR 1252.235–70, Subpart 1237.70—Department of 1239.70 Solicitation provision and contract Research Misconduct, in all solicitations Transportation Procedures for clause. and contracts for research and Acquiring Training Services Authority: 5 U.S.C. 301; 41 U.S.C. 418b; development. For further information, (FAR) 48 CFR 1.3. see DOT’s Implementation Guidance for 1237.7000 Policy. Executive Office of the President, Office When training services are provided Subpart 1239.1—General of Science and Technology Policy, under contract, DOT policy requires that 1239.70 Solicitation provision and ‘‘Federal Policy on Research all prospective contractors: contract clause. Misconduct,’’ dated February 2002. (a) Certify that the data provided The contracting officer shall insert the concerning company qualifications, provision at (TAR) 48 CFR 1252.239–71, PART 1236—CONSTRUCTION AND background statements, etc., is current, ARCHITECT-ENGINEER CONTRACTS Information Technology Security Plan accurate, and complete; and and Accreditation, and the clause at Subpart 1236.5—Contract Clauses (b) Agree to not solicit or advertise (TAR) 48 CFR 1252.239–70, Security Sec. private, non-Government training while Requirements for Unclassified 1236.570 Special precautions for work at conducting a training course. Information Technology Resources, in operating airports. 1237.7001 Certification of data. all solicitations and contracts, exceeding Authority: 5 U.S.C. 301; 41 U.S.C. 418b; the micro-purchase threshold, that (FAR) 48 CFR 1.3. Towards fulfilling DOT’s policy at include information technology (TAR) 48 CFR 1237.7000(a), contracting services. Subpart 1236.5—Contract Clauses officers shall request information from PART 1242—CONTRACT 1236.570 Special precautions for work at prospective contractors for certification operating airports. purposes. The type of information ADMINISTRATION AND AUDIT requested is dependent upon the SERVICES Where any acquisition will require criticality of the service and/or any work at an operating airport, insert the Subpart 1242.70—Contract Administration unique or essential qualification clause at (TAR) 48 CFR 1252.236–70, Clauses requirements. Special Precautions for Work at Sec. Operating Airports, in solicitations and 1237.7002 Applicability. 1242.7000 Contract clauses. contracts. The policy at (TAR) 48 CFR Authority: 5 U.S.C. 301; 41 U.S.C. 418b; PART 1237—SERVICE CONTRACTING 1237.7000 applies to all contracts (as (FAR) 48 CFR 1.3. defined in FAR 2.101) awarded by DOT Subpart 1242.70—Contract Subpart 1237.1—Service Contracts— for training services when DOT controls Administration Clauses General the content and/or presentation of the Sec. course. This policy does not apply to 1242.7000 Contract clauses. 1237.110 Solicitation provisions and courses attended by DOT employees contract clauses. (a) The contracting officer may use the that are offered and sponsored by clause at (TAR) 48 CFR 1252.242–70, Subpart 1237.70—Department of Government sources of supply, Dissemination of Information— Transportation Procedures for Acquiring educational institutions, or private Educational Institutions, in lieu of the Training Services entities where DOT does not control the clause at (TAR) 48 CFR 1252.242–72, 1237.7000 Policy. course content or presentation. (See Dissemination of Contract Information, 1237.7001 Certification of data. (TAR) 48 CFR 1213.7100 for examples.) in DOT research contracts with 1237.7002 Applicability. 1237.7003 Solicitation provisions and 1237.7003 Solicitation provisions and educational institutions that require the contract clause. contact clause. release or coordination of information. (b) The contracting officer shall insert Authority: 5 U.S.C. 301; 41 U.S.C. 418b; (a) The contracting officer shall insert the clause at (TAR) 48 CFR 1252.242– (FAR) 48 CFR 1.3. the provision at (TAR) 48 CFR 71, Contractor Testimony, in all 1252.237–71, Certification of Data, in solicitations and contracts issued by Subpart 1237.1—Service Contracts— solicitations and the clause at (TAR) 48 General National Highway Traffic Safety CFR 1252.237–72, Prohibition on Administration (NHTSA). Other 1237.110 Solicitation provisions and Advertising, in solicitations and Operating Administrations (OAs) may contract clauses. contracts for training services when the use the clause as deemed appropriate. (a) Contracting officers shall insert the content and/or presentation of the (c) The contracting officer may insert clause at (TAR) 48 CFR 1252.237–70, course is controlled by DOT. the clause at (TAR) 48 CFR 1252.242– Qualifications of Contractor Employees, (b) Contracting officers shall 72, Dissemination of Contract in all solicitations and contracts for incorporate the successful offeror’s Information, in all DOT contracts, supplies and/or services where certified data into any resultant except contracts that require the release contractor employees will have access contract(s). Certified data may be or coordination of information. to Government facilities, sensitive adopted by reference, if the contracting (d) The contracting officer shall insert information, including proprietary data officer determines it contains sufficient the clause at (TAR) 48 CFR 1252.242– and/or resources. descriptive information (i.e., dated 73, Contracting Officer’s Technical (b) The contracting officer shall insert material such as resumes, company and/ Representative, in solicitations and the clause at (TAR) 48 CFR 1252.237– or personnel qualifications) to reliably contracts when it is intended that a 73, Key Personnel, in solicitations and describe the certified data submitted. representative will be assigned to the
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contract to perform functions of a the contracting officer) shall audit the Subpart 1246.7—Warranties technical nature. contractor’s property control system whenever there are indications that the 1246.705 Limitations. PART 1245—GOVERNMENT contractor’s property control system (a) The following restrictions are PROPERTY may be deficient. Examples of applicable to DOT contracts: (1) The contractor shall not be Subpart 1245.5—Management of deficiencies are: Government Property in the Possession of (1) Failure of the contractor to required to honor the warranty on any Contractors acknowledge receipt of Government- property furnished by the Government furnished property; except for: Sec. (2) Failure of the contractor to submit (i) Defects in installation; and 1245.505 Records and reports of Government property. the annual property reports required by (ii) Installation or modification in 1245.505–14 Reports of Government (TAR) 48 CFR 1245.505–14; such a manner that invalidates a property. (3) Failure of the contractor to warranty provided by the manufacturer 1245.505–70 Contract clauses. reconcile its physical inventory with its of the property. 1245.508–2 Reporting results of inventories. property control record; or (2) Any warranty obtained shall 1245.511 Audit of property control system. (4) Failure of the contractor to submit specifically exclude coverage of damage Authority: 5 U.S.C. 301; 41 U.S.C. 418b; a Government property listing when in time of war (combat damage) or (FAR) 48 CFR 1.3. requested by the property administrator. national emergency. (b) When it is determined that the (3) Contracting officers shall not Subpart 1245.5—Management of contractor’s property control system is include in a warranty clause any terms Government Property in the deficient, the property administrator, in that require the contractor to incur Possession of Contractors coordination with the contracting liability for loss, damage, or injury to officer, shall discuss the deficiencies third parties. 1245.505 Records and reports of with the contractor. If the contractor (b) [Reserved] Government Property. does not take action to correct the 1246.706 Warranty terms and conditions. 1245.505–14 Reports of Government deficiencies, the contracting officer shall property. provide the contractor with a written (a) When appropriate and cost When Government property is notice of the deficiencies and the date effective, the contracting officer shall furnished to or acquired by the all deficiencies must be corrected. comply with the following requirements when developing the warranty terms contractor to perform the contract, the PART 1246—QUALITY ASSURANCE contract shall require the contractor to and conditions: submit annual reports (see (FAR) 48 Subpart 1246.1—General (1) Identify the affected line item(s) CFR 45.505–14) to the contracting and the applicable specification(s); Sec. (2) Require that the line item’s design officer not later than September 15 of 1246.101 Definitions. each year. The contractor’s report shall 1246.101–70 Additional definitions. and manufacture will conform to: (i) An identified revision of a top- be submitted on Form DOT F 4220.43, Subpart 1246.7—Warranties Contractor Report of Government level drawing; and/or Property. 1246.705 Limitations. (ii) An identified specification or 1246.706 Warranty terms and conditions. revision thereof; 1245.505–70 Contract clauses. Authority: 5 U.S.C. 301; 41 U.S.C. 418b; (3) Require that the line item conform Contracting officers shall insert the (FAR) 48 CFR 1.3. to the specified Government clause at (TAR) 48 CFR 1252.245–70 in performance requirements; solicitations and contracts when the Subpart 1246.1—General (4) Require that all line items and contract will require Government 1246.101 Definitions. components delivered under the provided or contractor acquired contract will be free from defects in property. 1246.101–70 Additional definitions. materials and workmanship; At no additional cost to the (5) State that if the contractor fails to 1245.508–2 Reporting results of Government means at no increase in comply with specification or there are inventories. price for firm-fixed-price contracts, at defects in material and workmanship, The inventory report shall also no increase in target or ceiling price for the contractor will bear the cost of all include the following: fixed price incentive contracts (see work necessary to achieve the specified (a) Name and title of the individual(s) (FAR) 48 CFR 46.707), or at no increase performance requirements, including that performed the physical inventory; in estimated cost or fee for cost- repair and/or replacement of all parts; (b) An itemized, categorized listing of reimbursement contracts. (6) Require the timely replacement/ all property capitalized: Defect means any condition or repair of warranted items and specify (1) Land and rights therein; lead times for replacement/repair where (2) Other real property; characteristic in any supplies or services possible; (3) Plant equipment; furnished by the contractor under the (4) Special test equipment; agency contract that is not in compliance with (7) Identify the specific paragraphs peculiar property; and the requirements of the contract. containing Government performance (5) Special tooling; and Major acquisition means an requirements that the contractor must (c) An itemized listing of the property acquisition or project as defined by meet; lost, damaged, destroyed, or stolen, the TAM Chapter 1234, Major System (8) Ensure that any performance circumstances surrounding each Acquisition. requirements identified as goals or incident, and the resolution of the Performance requirements means the objectives beyond specification incident. operating capabilities, maintenance, and requirements are excluded from the reliability characteristics of a system warranty provision; 1245.511 Audit of property control system. that are determined to be necessary for (9) Specify what constitutes the start (a) The property administrator (or it to fulfill the requirement for which of the warranty period (e.g., delivery, other Government official authorized by the system is designed. acceptance, in-service date), the ending
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of the warranty (e.g., passing a test or contractor’s liability under the terms of (1) Name of sponsoring Government demonstration, or operation without the warranty (limitations), as agency or department; failure for a specified time period), and appropriate, if necessary to derive a (2) Name of vessel; circumstances requiring an extension of cost-effective warranty in light of the (3) Vessel flag of registry; warranty duration (e.g., extending the technical risk, contractor financial risk, (4) Date of loading; warranty period as a result of mass or other program uncertainties. (5) Port of loading; defect correction during warranty (6) Structuring of a broader and more (6) Port of final discharge; period); comprehensive warranty where such is (7) Commodity description; (10) Identify what transportation costs advantageous. Likewise, the contracting (8) Gross weight in kilos; will be paid by the contractor in relation officer may narrow the scope of a (9) Total ocean freight revenue in U.S. to the warranty coverage; warranty when appropriate (e.g., where dollars. (11) In addition to combat damage, it would be inequitable to require a identify any conditions which will not warranty of all performance PART 1252—SOLICITATIONS be covered by the warranty, and requirements because a contractor had PROVISIONS AND CONTRACT (12) Identify any limitation on the not designed the system). CLAUSES total dollar amount of the contractor’s (c) Any contract that contains a warranty exposure, or agreement to warranty clause must contain warranty Subpart 1252.1—Instructions for Using share costs after a certain dollar implementation procedures, including Provisions and Clauses threshold to avoid unnecessary warranty notification content and Sec. warranty returns. procedures, and identify the individuals 1252.101 Using Part 1252. (b) In addition to the terms and responsible for implementation of Subpart 1252.2—Text of Provisions and conditions listed in paragraph (a) of this warranty provisions. The contract may Clauses section, the contracting officer shall also permit the contractor’s 1252.211–70 Index for specifications. consider the following when a warranty participation in investigation of system 1252.216–70 Evaluation of offers subject to clause is being used for a major failures, providing that the contractor is an economic price adjustment clause. acquisition: reimbursed at established rates for fault 1252.216–71 Determination of award fee. (1) For line items or components isolation work, and that the Government 1252.216–72 Performance evaluation plan. which are commercially available, receive credit for any payments where 1252.216–73 Distribution of award fee. obtaining a warranty as is normally equipment failure is covered by 1252.216–74 Settlement of letter contract. 1252.217–70 Guarantee. provided by the manufacturer or warranty provisions. supplier, in accordance with (FAR) 48 1252.217–71 Delivery and shifting of vessel. CFR 46.703(d) and (FAR) 48 CFR PART 1247—TRANSPORTATION 1252.217–72 Performance. 46.710(b)(2). 1252.217–73 Inspection and manner of doing work. (2) Obtaining a warranty of Subpart 1247.5—Ocean Transportation by U.S.-Flag Vessels 1252.217–74 Subcontracts. compliance with the stated 1252.217–75 Lay days. requirements for line items or Sec. 1252.217–76 Liability and insurance. components provided in accordance 1247.506 Procedures. 1252.217–77 Title. with either design and manufacturing or Authority: 5 U.S.C. 301; 41 U.S.C. 418b; 1252.217–78 Discharge of liens. performance requirements as specified (FAR) 48 CFR 1.3. 1252.217–79 Delays. in the contract or any modification to 1252.217–80 Department of Labor Safety that contract. Subpart 1247.5—Ocean Transportation and Health Regulations for Ship (3) The warranty provided under by U.S.-Flag Vessels Repairing. paragraph (b)(2) of this section shall 1252.219–71 Section 8(a) Direct Awards. 1247.506 Procedures. 1252.219–72 Notification of Competition provide that in the event the line items Limited to Eligible 8(a) Concerns— or any components thereof fails to meet (a) The Maritime Administration (MARAD) is the enforcing agency of the Alternate III. the terms of the warranty provided, the 1252.222–70 Strikes or picketing affecting contracting officer may: cargo preference statutes. MARAD can timely completion of the contract work. (i) Require the contractor to promptly assist contractors in locating U.S.-flag 1252.222–71 Strikes or picketing affecting take such corrective action as the carriers and determine when such access to a DOT facility. contracting officer determines to be services are not available and they can 1252.223–70 Removal or disposal of necessary at no additional cost to the assist contracting officers in evaluating hazardous substances—applicable Government, including repairing or costs, services, and other matters licenses and permits. replacing all parts necessary to achieve regarding ocean transportation. 1252.223–71 Accident and fire reporting. 1252.223–72 Protection of human subjects. the requirements set forth in the (d) If no transportation officer is available, the contracting officer shall 1252.223–73 Seat belt use policies and contract; programs. (ii) Require the contractor to pay costs submit a copy of the rated ‘‘on board’’ 1252.228–70 Loss of or damage to leased reasonably incurred by the United bill of lading, for each shipment, no aircraft. States in taking necessary corrective later than 20 days after the vessel’s 1252.228–71 Fair market value of aircraft action; or loading date for exports and 30 days for 1252.228–72 Risk and indemnities. (iii) Equitably reduce the contract imports as stated in 46 CFR 381.3. All 1252.228–73 Notification of Miller Act price. non-vessel ocean common carrier bills payment bond protection. (4) Inserting remedies, exclusions, of lading should be accompanied by the 1252.231–70 Date of incurrence of costs. limitations and durations, provided underlying carrier’s ocean bill of lading. 1252.235–70 Research misconduct. these are consistent with the specific The documents shall be sent to the 1252.236–70 Special precautions for work at operating airports. requirements of this subpart and (FAR) Maritime Administration, Office of 1252.237–70 Qualifications of contractor 48 CFR 46.706. Cargo Preference, MAR–590, 400 employees. (5) Excluding from the terms of the Seventh Street, SW., Washington, DC 1252.237–71 Certification of data. warranty certain defects for specified 20590. The bill of lading shall contain 1252.237–72 Prohibition on advertising. supplies (exclusions) and limiting the the following information: 1252.237–73 Key personnel.
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1252.239–70 Security requirements for specifications, the specifications shall contractor lll (insert number) calendar unclassified information technology govern. days prior to the start of the first evaluation resources. (End of clause) period. 1252.239–71 Information technology (b) The criteria contained within the security plan and accreditation. 1252.216–70 Evaluation of offers subject Performance Evaluation Plan may relate to: 1252.242–70 Dissemination of to an economic price adjustment clause. (1) Technical (including schedule) information—educational institutions. As prescribed in (TAR) 48 CFR requirements, if appropriate; (2) 1252.242–71 Contractor testimony. 1216.203–470, insert the following Management; and (3) Cost. 1252.242–72 Dissemination of contract provision: (c) The Performance Evaluation Plan may, information. consistent with the contract, be revised 1252.242–73 Contracting officer’s technical Evaluation of Offers Subject to an Economic unilaterally by the Government at any time representative. Price Adjustment Clause (Oct 1994) during the period of performance. 1252.245–70 Government property reports. Offers shall be evaluated without an Notification of such changes shall be Appendix to Part 1252—TAR Matrix amount for an economic price adjustment provided to the contractor lll (insert Authority: 5 U.S.C. 301; 41 U.S.C. 418b; being added. Offers will be rejected which: number) calendar days prior to the start of (FAR) 48 CFR 1.3. (1) Increase the ceiling stipulated; (2) limit the evaluation period to which the change the downward adjustment; or (3) delete the will apply. Subpart 1252.1—Instructions for Using economic price adjustment clause. If the offer (End of clause) Provisions and Clauses stipulates a ceiling lower than that included in the solicitation, the lower ceiling will be 1252.216–73 Distribution of award fee. 1252.101 Using Part 1252. incorporated into any resulting contract. As prescribed in (TAR) 48 CFR (b) Numbering. (End of provision) 1216.406(c), insert the following clause: (2)(i) Provisions or clauses that Distribution of Award Fee (Apr 2005) supplement the FAR. 1252.216–71 Determination of award fee. (A) Agency-prescribed provisions and As prescribed in (TAR) 48 CFR (a) The total amount of award fee available clauses permitted by TAR and used on 1216.406, insert the following clause: under this contract is assigned according to a standard basis (i.e., normally used in the following evaluation periods and Determination of Award Fee (Apr 2005) amounts: two or more solicitations or contracts Evaluation Period: regardless of contract type) shall be (a) The Government shall evaluate contractor performance at the end of each Available Award Fee: (insert appropriate prescribed and contained in the TAR. specified evaluation period to determine the information) Operating Administrations (OAs) amount of award. The contractor agrees that (b) After the contractor has been paid 85 desiring to use a provision or a clause the amount of award and the award fee percent of the base fee and potential award on a standard basis shall submit a methodology are unilateral decisions to be fee, the Government may withhold further request containing a copy of the made at the sole discretion of the payment of the base fee and award fee until clause(s), justification for its use, and Government. a reserve is set aside in an amount that the evidence of legal counsel review to the (b) Contractor performance shall be Government considers necessary to protect Office of the Senior Procurement evaluated according to a Performance its interest. This reserve shall not exceed 15 Executive in accordance with (TAR) 48 Evaluation Plan. The contractor shall be percent of the total base fee and potential periodically informed of the quality of its award fee or $100,000, whichever is less. CFR 1201.304 for possible inclusion in performance and areas in which Thereafter, base fee and award fee payments the TAR. improvements are expected. may continue. (B) Provisions and clauses used on a (c) The contractor shall be promptly (c) In the event of contract termination, one-time basis (i.e., non-standard advised, in writing, of the determination and either in whole or in part, the amount of provisions and clauses) may be reasons why the award fee was or was not award fee available shall represent a prorata approved by the contracting officer, earned. The contractor may submit a distribution associated with evaluation unless a higher level is designated by performance self-evaluation for each period activities or events as determined by the OA. This authority is permitted evaluation period. The amount of award is at the Government. subject to: the sole discretion of the Government but any (d) The Government will promptly make (1) Evidence of legal counsel review self-evaluation received within lll (insert payment of any award fee upon the submission by the contractor to the in the contract file; number) days after the end of the current evaluation period will be given such contracting officer’s authorized (2) Inserting these clauses in the consideration, as may be deemed appropriate representative, of a public voucher or invoice appropriate sections of the uniform by the Government. in the amount of the total fee earned for the contract format; and (d) The amount of award fee which can be period evaluated. Payment may be made (3) Ensuring the provisions and awarded in each evaluation period is limited without using a contract modification. clauses do not deviate from the to the amounts set forth at (identify location (End of clause) requirements of the FAR and TAR. of award fee amounts). Award fee which is not earned in an evaluation period cannot be 1252.216–74 Settlement of letter contract. Subpart 1252.2—Text of Provisions reallocated to future evaluation periods. As prescribed in (TAR) 48 CFR and Clauses (End of clause) 1216.603–4, insert the following clause: 1252.211–70 Index for specifications. 1252.216–72 Performance evaluation plan. Settlement of Letter Contract (Oct 1994) As prescribed in (TAR) 48 CFR As prescribed in (TAR) 48 CFR (a) This contract constitutes the definitive 1211.204–70, insert the following 1216.406(b), insert the following clause: contract contemplated by issuance of letter clause: contract lll (insert number) dated Performance Evaluation Plan (Oct 1994) llll (insert effective date). It supersedes Index for Specifications (Apr 2005) (a) A Performance Evaluation Plan shall be the letter contract and its modification If an index or table of contents is furnished unilaterally established by the Government number(s) llll (insert number(s)) and, to in connection with specifications, such index based on the criteria stated in the contract the extent of any inconsistencies, governs. or table of contents is for convenience only. and used for the determination of award fee. (b) The cost(s) and fee(s), or price(s), Its accuracy and completeness is not This plan shall include the criteria used to established in this definitive contract guaranteed, and it is not a part of the evaluate each area and the percentage of represents full and complete settlement of specification. In case of discrepancy between award fee (if any) available for each area. A letter contract (insert number and the index or table of contents and the copy of the plan shall be provided to the modification number(s) llll (insert
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number(s)). Payment of the agreed upon fee charge, upon 24 hours’ advance notice, a tug responsible for care, installation, and or profit withheld pending definitization of or tugs and docking pilot, acceptable to the removal of instruments and apparatus the letter contract, may commence Contracting Officer, to assist in handling the furnished by the Government for use in the immediately at the rate and times stated vessel between (to and from) the Contractor’s trials. within this contract. plant and the nearest point in a waterway (End of clause) (End of clause) regularly navigated by vessels of equal or greater draft and length. While the vessel is 1252.217–73 Inspection and manner of 1252.217–70 Guarantee. in the hands of the Contractor, any necessary doing work. As prescribed at (TAR) 48 CFR towage, cartage, or other transportation As prescribed at (TAR) 48 CFR 1217.7001(a), insert the following between ship and shop or elsewhere, which 1217.7001(b) and (c), insert the may be incident to the work herein specified, following clause: clause: shall be furnished by the Contractor without Guarantee (Apr 2005) additional charge to the Government. Inspection and Manner of Doing Work (Oct (a) In the event any work performed or (End of clause) 1994) materials furnished by the contractor prove 1252.217–72 Performance. (a) The Contractor shall perform work in defective or deficient within 60 days from the accordance with the contract, any drawings date of redelivery of the vessel(s), the As prescribed at (TAR) 48 CFR and specifications made a part of the job Contractor, as directed by the Contracting 1217.7001(b) and (c), insert the order, and any change or modification issued Officer and at its own expense, shall correct following clause: under the Changes clause. and repair the deficiency to the satisfaction (b)(1) Except as provided in paragraph Performance (Oct 1994) of the Contracting Officer. (b)(2) of this clause, and unless otherwise (b) If the Contractor or any subcontractor (a) Upon the award of the contract, the specifically provided in the contract, all has a guarantee for work performed or Contractor shall promptly start the work operational practices of the Contractor and materials furnished that exceeds the 60 day specified and shall diligently prosecute the all workmanship, material, equipment, and period, the Government shall be entitled to work to completion. The Contractor shall not articles used in the performance of work rely upon the longer guarantee until its start work until the contract has been under this contract shall be in accordance expiration. awarded except in the case of emergency with the best commercial marine practices (c) With respect to any individual work work ordered by the Contracting Officer in and the rules and requirements of all item identified as incomplete at the time of writing. appropriate regulatory bodies including, but redelivery of the vessel(s), the guarantee (b) The Government shall deliver the vessel not limited to the American Bureau of period shall run from the date the item is described in the contract at the time and Shipping, the U.S. Coast Guard, and the completed. location specified in the contract. Upon Institute of Electrical and Electronic (d) If practicable, the Government shall completion of the work, the Government Engineers, in effect at the time of Contractor’s give the Contractor an opportunity to correct shall accept delivery of the vessel at the time submission of offer, and shall be intended the deficiency. and location specified in the contract. and approved for marine use. (1) If the Contracting Officer determines it (c) The Contractor shall without charge— (2) When Navy specifications are specified is not practicable or is otherwise not (1) Make available to personnel of the in the contract, the Contractor shall follow advisable to return the vessel(s) to the vessel while in dry dock or on a marine Navy standards of material and Contractor, or the Contractor fails to proceed railway, sanitary lavatory and similar workmanship. The solicitation shall with the repairs promptly, the Contracting facilities at the plant acceptable to the prescribe the Navy standard whenever Officer may direct that the repairs be Contracting Officer; applicable. performed elsewhere, at the Contractor’s (2) Supply and maintain suitable brows (c) The Government may inspect and test and gangways from the pier, dry dock, or expense. all material and workmanship at any time marine railway to the vessel; (2) If correction and repairs are performed during the Contractor’s performance of the (3) Treat salvage, scrap or other ship’s by other than the Contractor, the Contracting work. material of the Government resulting from Officer may discharge the Contractor’s (1) If, prior to delivery, the Government performance of the work as items of liability by making an equitable deduction in finds any material or workmanship is Government-furnished property, in the price of the contract. defective or not in accordance with the accordance with the Government Property (e) The Contractor’s liability shall extend contract, in addition to its rights under the (Fixed Price Contracts) clause; for an additional 90 day guarantee period on Guarantee clause, the Government may reject (4) Perform, or pay the cost of, any repair, those defects or deficiencies that the the defective or nonconforming material or reconditioning or replacement made Contractor corrected. workmanship and require the Contractor to necessary as the result of the use by the correct or replace it at the Contractor’s (f) At the option of the Contracting Officer, Contractor of any of the vessel’s machinery, defects and deficiencies may be left expense. equipment or fittings, including, but not (2) If the Contractor fails to proceed uncorrected. In that event, the Contractor and limited to, winches, pumps, rigging, or pipe Contracting Officer shall negotiate an promptly with the replacement or correction lines; and of the material or workmanship, the equitable reduction in the contract price. (5) Furnish suitable offices, office Failure to agree upon an equitable reduction Government may replace or correct the equipment and telephones at or near the site defective or nonconforming material or shall constitute a dispute under the Disputes of the work for the Government’s use. clause of this contract. workmanship and charge the Contractor the (d) The contract will state whether dock excess costs incurred. (End of clause) and sea trials are required to determine (3) As specified in the contract, the whether or not the Contractor has Contractor shall provide and maintain an 1252.217–71 Delivery and shifting of satisfactorily performed the work. vessel. inspection system acceptable to the (1) If dock and sea trials are required, the Government. As prescribed at (TAR) 48 CFR vessel shall be under the control of the (4) The Contractor shall maintain complete 1217.7001(b) and (c), insert the vessel’s commander and crew. records of all inspection work and shall make following clause: (2) The Contractor shall not conduct dock them available to the Government during and sea trials not specified in the contract performance of the contract and for 90 days Delivery and Shifting of Vessel (Oct 1994) without advance approval of the Contracting after the completion of all work required. The Government shall deliver the vessel to Officer. Dock and sea trials not specified in (d) The Contractor shall not permit any the Contractor at his place of business. Upon the contract shall be at the Contractor’s welder to work on a vessel unless the welder completion of the work, the Government expense and risk. is, at the time of the work, qualified to the shall accept delivery of the vessel at the (3) The Contractor shall provide and install standards established by the U.S. Coast Contractor’s place of business. The all fittings and appliances necessary for dock Guard, American Bureau of Shipping, or Contractor shall provide, at no additional and sea trials. The Contractor shall be Department of the Navy for the type of
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welding being performed. Qualifications of a (j) The Contractor shall at all times keep 1252.217–76 Liability and insurance. welder shall be as specified in the contract. the site of the work on the vessel free from As prescribed at (TAR) 48 CFR (e) The Contractor shall— accumulation of waste material or rubbish 1217.7001(b) and (c), insert the (1) Exercise reasonable care to protect the caused by its employees or the work. At the following clause: vessel from fire; completion of the work, unless the contract (2) Maintain a reasonable system of specifies otherwise, the Contractor shall Liability and Insurance (Oct 1994) inspection over activities taking place in the remove all rubbish from the site of the work vicinity of the vessel’s magazines, fuel oil and leave the immediate vicinity of the work (a) The Contractor shall exercise its best efforts to prevent accidents, injury, or tanks, or storerooms containing flammable area ‘‘broom clean.’’ materials. damage to all employees, persons, and (End of clause) (3) Maintain a reasonable number of hose property, in and about the work, and to the lines ready for immediate use on the vessel vessel or part of the vessel upon which work at all times while the vessel is berthed 1252.217–74 Subcontracts. is done. (b) Loss or damage to the vessel, materials, alongside the Contractor’s pier or in dry dock As prescribed at (TAR) 48 CFR or on a marine railway; or equipment. (1) Unless otherwise directed (4) Unless otherwise provided in the 1217.7001(b) and (c), insert the or approved in writing by the Contracting contract, provide sufficient security patrols to following clause: Officer, the Contractor shall not carry reasonably maintain a fire watch for insurance against any form of loss or damage protection of the vessel when it is in the Subcontracts (Oct 1994) to the vessel(s) or to the materials or equipment to which the Government has title Contractor’s custody; (a) Nothing contained in the contract shall or which have been furnished by the (5) To the extent necessary, clean, wash, be construed as creating any contractual and steam out or otherwise make safe, all Government for installation by the relationship between any subcontractor and Contractor. The Government assumes the tanks under alteration or repair. the Government. The divisions or sections of (6) Furnish the Contracting Officer a ‘‘gas- risks of loss of and damage to that property. the specifications are not intended to control (2) The Government does not assume any free’’ or ‘‘safe-for-hotwork’’ certificate before the Contractor in dividing the work among any hot work is done on a tank; risk with respect to loss or damage subcontractors or to limit the work performed compensated for by insurance or otherwise or (7) Treat the contents of any tank as by any trade. resulting from risks with respect to which the Government property in accordance with the (b) The Contractor shall be responsible to Contractor has failed to maintain insurance, Government Property (Fixed-Price Contracts) the Government for acts and omissions of its if available, as required or approved by the clause; and own employees, and of subcontractors and Contracting Officer. (8) Dispose of the contents of any tank only their employees. The Contractor shall also be (3) The Government does not assume risk at the direction, or with the concurrence, of responsible for the coordination of the work of and will not pay for any costs of the the Contracting Officer. of the trades, subcontractors, and material following: (9) Be responsible for the proper closing of men. (i) Inspection, repair, replacement, or all openings to the vessel’s underwater (c) The Contractor shall, without additional renewal of any defects in the vessel(s) or structure upon which work has been expense to the Government, employ specialty material and equipment due to— performed. The contractor additionally must subcontractors where required by the (A) Defective workmanship performed by advise the COTR of the status of all valves specifications. the Contractor or its subcontractors; closures and openings for which the (B) Defective materials or equipment contractor’s workers were responsible. (d) The Government or its representatives will not undertake to settle any differences furnished by the Contractor or its (f) Except as otherwise provided in the subcontractors; or contract, when the vessel is in the custody between the Contractor and its subcontractors, or between subcontractors. (C) Workmanship, materials, or equipment of the Contractor or in dry dock or on a which do not conform to the requirements of (End of clause) marine railway and the temperature is the contract, whether or not the defect is expected to go as low as 35 Fahrenheit, the latent or whether or not the nonconformance Contractor shall take all necessary steps to— 1252.217–75 Lay days. is the result of negligence. (1) Keep all hose pipe lines, fixtures, traps, (ii) Loss, damage, liability, or expense tanks, and other receptacles on the vessel As prescribed at (TAR) 48 CFR caused by, resulting from, or incurred as a from freezing; and 1217.7001(c) and (d), insert the consequence of any delay or disruption, (2) Protect the stern tube and propeller following clause: willful misconduct or lack of good faith by hubs from frost damage. the Contractor or any of its representatives (g) The Contractor shall, whenever Lay Days (Oct 1994) that have supervision or direction of— practicable— (a) Lay day time will be paid by the (A) All or substantially all of the (1) Perform the required work in a manner Government at the Contractor’s stipulated bid Contractor’s business; or that will not interfere with the berthing and price for this item of the contract when the (B) All or substantially all of the messing of Government personnel attached to vessel remains on the dry dock or marine Contractor’s operation at any one plant. the vessel; and railway as a result of any change that (4) As to any risk that is assumed by the (2) Provide Government personnel attached involves work in addition to that required Government, the Government shall be to the vessel access to the vessel at all times. subrogated to any claim, demand or cause of (h) Government personnel attached to the under the basic contract. (b) No lay day time shall be paid until all action against third parties that exists in vessel shall not interfere with the favor of the Contractor. If required by the items of the basic contract for which a price Contractor’s work or workers. Contracting Officer, the Contractor shall was established by the Contractor and for (i)(1) The Government does not guarantee execute a formal assignment or transfer of the which docking of the vessel was required the correctness of the dimensions, sizes, and claim, demand, or cause of action. have been satisfactorily completed and shapes set forth in any contract, sketches, (5) No party other than the Contractor shall accepted. drawings, plans, or specifications prepared or have any right to proceed directly against the furnished by the Government, unless the (c) Days of hauling out and floating, Government or join the Government as a contract requires that the Contractor perform whatever the hour, shall not be paid as lay codefendant in any action. the work prior to any opportunity to inspect. day time, and days when no work is (6) Notwithstanding the foregoing, the (2) Except as stated in paragraph (i)(1) of performed by the Contractor shall not be paid Contractor shall bear the first $5,000 of loss this clause, and other than those parts as lay day time. or damage from each occurrence or incident, furnished by the Government, and the (d) Payment of lay day time shall constitute the risk of which the Government would Contractor shall be responsible for the complete compensation for all costs, direct have assumed under the provision of this correctness of the dimensions, sizes, and and indirect, to reimburse the Contractor for paragraph (b). shapes of parts furnished under this use of dry dock or marine railway. (c) Indemnification. The Contractor agreement. (End of clause) indemnifies the Government and the vessel
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and its owners against all claims, demands, (4) The Contractor shall not, except at its (c) The vessel, its equipment, movable or causes of action to which the Government, own expense, voluntarily make any stores, cargo, or other ship’s materials shall the vessel or its owner(s) might be subject as payments, assume any obligation, or incur not be considered Government-furnished a result of damage or injury (including death) any expense other than what would be property. to the property or person of anyone other imperative for the protection of the vessel(s) (End of clause) than the Government or its employees, or the at the time of the event. vessel or its owner, arising in whole or in (g) In the event of loss of or damage to any 1252.217–78 Discharge of liens. part from the negligence or other wrongful vessel(s), material, or equipment which may act of the Contractor, or its agents or result in a claim against the Government As prescribed at (TAR) 48 CFR employees, or any subcontractor, or its agents under the insurance provisions of this 1217.7001(b) and (c), insert the or employees. contract, the Contractor shall promptly notify following clause: (1) The Contractor’s obligation to the Contracting Officer of the loss or damage. indemnify under this paragraph shall not The Contracting Officer may, without Discharge of Liens (Oct 1994) exceed the sum of $300,000 as a consequence prejudice to any right of the Government, (a) The Contractor shall immediately of any single occurrence with respect to any either— discharge or cause to be discharged, any lien one vessel. (1) Order the Contractor to proceed with or right in rem of any kind, other than in (2) The indemnity includes, without replacement or repair, in which event the favor of the Government, that exists or arises limitation, suits, actions, claims, costs, or Contractor shall effect the replacement or in connection with work done or materials demands of any kind, resulting from death, repair; furnished under this contract. personal injury, or property damage (i) The Contractor shall submit to the (b) If any such lien or right in rem is not occurring during the period of performance Contracting Officer a request for immediately discharged, the Government, at of work on the vessel or within 90 days after reimbursement of the cost of the replacement the expense of the Contractor, may discharge, redelivery of the vessel. For any claim, etc., or repair together with whatever supporting or cause to be discharged, the lien or right. made after 90 days, the rights of the parties documentation the Contracting Officer may shall be as determined by other provisions of reasonably require, and shall identify the (End of clause) this contract and by law. The indemnity does request as being submitted under the 1252.217–79 Delays. apply to death occurring after 90 days where Insurance clause of this contract. the injury was received during the period (ii) If the Government determines that the As prescribed at (TAR) 48 CFR covered by the indemnity. risk of the loss or damage is within the scope 1217.7001(b) and (c), insert the (d) Insurance. (1) The Contractor shall, at of the risks assumed by the Government its own expense, obtain and maintain the under this clause, the Government will following clause: following insurance— reimburse the Contractor for the reasonable Delays (Oct 1994) (i) Casualty, accident, and liability allowable cost of the replacement or repair, When during the performance of this insurance, as approved by the Contracting plus a reasonable profit (if the work or Officer, insuring the performance of its replacement or repair was performed by the contract the Contractor is required to delay obligations under paragraph (c) of this clause. Contractor) less the deductible amount work on a vessel temporarily, due to orders (ii) Workers Compensation Insurance (or specified in paragraph (b) of this clause. or actions of the Government respecting its equivalent) covering the employees (iii) Payments by the Government to the stoppage of work to permit shifting the engaged on the work. Contractor under this clause are outside the vessel, stoppage of hot work to permit (2) The Contractor shall ensure that all scope of and shall not affect the pricing bunkering, stoppage of work due to subcontractors engaged on the work obtain structure of the contract, and are additional embarking or debarking passengers and and maintain the insurance required in to the compensation otherwise payable to the loading or discharging cargo, and the paragraph (d)(1) of this clause. Contractor under this contract; or Contractor is not given sufficient advance (3) Upon request of the Contracting Officer, (2) Decide that the loss or damage shall not notice or is otherwise unable to avoid the Contractor shall provide evidence of the be replaced or repaired and in that event, the incurring additional costs on account thereof, insurance required by paragraph (d) of this Contracting Officer shall— an equitable adjustment shall be made in the clause. (i) Modify the contract appropriately, price of the contract pursuant to the (e) The Contractor shall not make any consistent with the reduced requirements ‘‘Changes’’ clause. allowance in the contract price for the reflected by the unreplaced or unrepaired (End of clause) inclusion of any premium expense or charge loss or damage; or for any reserve made on account of self- (ii) Terminate the repair of any part or all 1252.217–80 Department of Labor Safety insurance for coverage against any risk of the vessel(s) under the Termination for and Health Regulations for Ship Repairing. assumed by the Government under this Convenience of the Government clause of clause. this contract. As prescribed at (TAR) 48 CFR (f) The Contractor shall give the (End of clause) 1217.7001(b) and (c), insert the Contracting Officer written notice as soon as following clause: practicable after the occurrence of a loss or 1252.217–77 Title. Department of Labor Safety and Health damage for which the Government has As prescribed at (TAR) 48 CFR Regulations for Ship Repair (Apr 2005) assumed the risk. 1217.7001(b) and (c), insert the (1) The notice shall contain full details of following clause: Nothing contained in this contract shall the loss or damage. relieve the Contractor of any obligations it (2) If a claim or suit is later filed against Title (Oct 1994) may have to comply with— the Contractor as a result of the event, the (a) Unless otherwise provided, title to all (a) The Occupational Safety and Health Act Contractor shall immediately deliver to the materials and equipment to be incorporated of 1970 (29 U.S.C. 651, et seq.); Government every demand, notice, in a vessel in the performance of this contract (b) The Occupational Safety and Health summons, or other process received by the shall vest in the Government upon delivery Standards for Shipyard Employment (29 CFR Contractor or its employees or at the location specified for the performance part 1915); or representatives. of the work. (c) Any other applicable Federal, State, and (3) The Contractor shall cooperate with the (b) Upon completion of the contract, or local laws, codes, ordinances, and Government and, upon request, shall assist in with the approval of the Contracting Officer regulations. effecting settlements, securing and giving during performance of the contract, all (End of clause) evidence, obtaining the attendance of Contractor-furnished materials and witnesses, and in the conduct of suits. The equipment not incorporated in, or placed on, 1252.219–71 Section 8(a) Direct Awards. Government shall reimburse the Contractor any vessel, shall become the property of the for expenses incurred in this effort, other Contractor, unless the Government has As prescribed in (TAR) 48 CFR than the cost of maintaining the Contractor’s reimbursed the Contractor for the cost of the 1219.811–3(f), insert the following usual organization. materials and equipments. clause:
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Section 8(A) Direct Awards (Apr 2005) including but not limited to strikes, if such (3) Damage of $1,000 or more to Contractor (a) This contract is issued as a direct award strikes are reasonably avoidable. A delay or subcontractor owned or leased motor between the contracting activity and the 8(a) caused by a strike or by picketing which vehicles or mobile equipment; or contractor pursuant to the Partnership constitutes an unfair labor practice is not (4) Damage for which a contract time Agreement between the Small Business excusable unless the Contractor takes all extension may be requested. Administration (SBA) and the Department of reasonable and appropriate action to end (b) Accident and fire reports required by Transportation. SBA does retain such a strike or picketing, such as the filing paragraph (a) above shall be accomplished by responsibility for 8(a) certification, 8(a) of a charge with the National Labor Relations the following means: eligibility determinations and related issues, Board, the use of other available Government (1) Accidents or fires resulting in a death, and providing counseling and assistance to procedures, and the use of private boards or hospitalization of five or more persons, or destruction of Government-owned or leased the 8(a) contractor under the 8(a) program. organizations for the settlement of disputes. property (either real or personal), the total The responsible SBA district office is: [To be (End of clause) value of which is estimated at $100,000 or completed by Contracting Officer at time of more, shall be reported immediately by award] 1252.222–71 Strikes or picketing affecting telephone to the Contracting Officer or his/ (b) The contracting activity is responsible access to a DOT facility. her authorized representative and shall be for administering the contract and taking any As prescribed in (TAR) 48 CFR confirmed by telegram or facsimile action on behalf of the Government under the 1222.101–71(b), insert the following transmission within 24 hours to the terms and conditions of the contract. clause: Contracting Officer. Such telegram or However, the contracting activity shall give facsimile transmission shall state all known advance notice to the SBA before it issues a Strikes or Picketing Affecting Access to a DOT Facility (Oct 1994) facts as to extent of injury and damage and final notice terminating performance, either as to cause of the accident or fire. in whole or in part, under the contract. The If the Contracting Officer notifies the (2) Other accident and fire reports required contracting activity shall also coordinate Contractor in writing that a strike or by paragraph (a) above may be reported by with SBA prior to processing any novation picketing: (a) Is directed at the Contractor or the Contractor using a state, private agreement. The contracting activity may subcontractor or any employee of either; and insurance carrier, or Contractor accident assign contract administration functions to a (b) impedes or threatens to impede access by report form which provides for the statement contract administration office. any person to a DOT facility where the site of: (c) The contractor agrees: of the work is located, the Contractor shall (i) The extent of injury; and (1) To notify the Contracting Officer, take all appropriate action to end such strike (ii) The damage and cause of the accident simultaneous with its notification to SBA (as or picketing, including, if necessary, the or fire. required by SBA’s 8 (a) regulations), when filing of a charge of unfair labor practice with Such report shall be mailed or otherwise the owner or owners upon whom 8(a) the National Labor Relations Board or the use delivered to the Contracting Officer within 48 eligibility is based plan to relinquish of other available judicial or administrative hours of the occurrence of the accident or ownership or control of the concern. remedies. fire. Consistent with 15 U.S.C. 637(a)(21), transfer (End of clause) (c) The Contractor shall assure compliance of ownership or control shall result in by subcontractors at all tiers with the termination of the contract for convenience, 1252.223–70 Removal or disposal of requirements of this clause. unless SBA waives the requirement for hazardous substances—applicable licenses (End of clause) termination prior to the actual relinquishing and permits. of ownership and control. 1252.223–72 Protection of human (2) To adhere to the requirements of As prescribed in (TAR) 48 CFR 1223.303, insert the following clause: subjects. 52.219–14, Limitations on Subcontracting. As prescribed in (TAR) 48 CFR (End of clause) Removal or Disposal of Hazardous 1223.7000(b), insert the following Substances—Applicable Licenses and clause: 1252.219–72 Notification of Competition Permits (Dec 1997) Limited to Eligible 8(a) Concerns—Alternate lll Protection of Human Subjects (Apr 2005) III. The Contractor has does not have lll all licenses and permits required by The Contractor shall comply with the As prescribed in (TAR) 48 CFR Federal, state, and local laws to perform National Highway Traffic Safety 1219.811–3(d)(3), substitute the hazardous substance(s) removal or disposal Administration (NHTSA) policies and following paragraph for paragraph (c) of services. If the Contractor does not currently procedures for the protection of human the basic FAR clause 52.219–18, possess these documents, it must obtain all subjects participating in activities supported Notification of Competition Limited to requisite licenses and permits within lll directly or indirectly by contracts from DOT. Eligible 8(a) Concerns. days after date of award. The Contractor shall A copy of the applicable NHTSA policies and provide evidence of said documents to the procedures shall be provided to offerors and/ Notification of Competition Limited to Contracting Officer or designated or contractors upon request. In fulfillment of Eligible 8(a) Concerns—Alternate III (Apr Government representative prior to its assurance: 2005) commencement of work under the contract. (a) A committee competent to review projects and activities that involve human (c) Any award resulting from this (End of clause) solicitation will be made directly by the subjects shall be established and maintained Contracting Officer to the successful 8(a) 1252.223–71 Accident and fire reporting. by the Contractor. (b) The committee shall be assigned offeror selected through the evaluation As prescribed in (TAR) 48 CFR criteria set forth in this solicitation. responsibility to determine for each activity 1223.7000(a), insert the following planned and conducted that: (End of clause) clause: (1) The rights and welfare of subjects are 1252.222–70 Strikes or picketing affecting Accident and Fire Reporting (Apr 2005) adequately protected; timely completion of the contract work. (2) The risks to subjects are outweighed by (a) The Contractor shall report to the potential benefits; and As prescribed in (TAR) 48 CFR Contracting Officer any accident or fire (3) The informed consent of subjects shall 1222.101–71(a), insert the following occurring at the site of the work which be obtained by methods that are adequate clause: causes: and appropriate. (1) A fatality or as much as one lost (c) Committee reviews shall be conducted Strikes or Picketing Affecting Timely workday on the part of any employee of the with objectivity and in a manner to ensure Completion of the Contract Work (Oct 1994) Contractor or subcontractor at any tier; the exercise of independent judgment of the Notwithstanding any other provision (2) Damage of $1,000 or more to members. Members shall be excluded from hereof, the Contractor is responsible for Government-owned or leased property, either review of projects or activities in which they delays arising out of labor disputes, real or personal; have an active role or a conflict of interests.
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(d) Continuing constructive at 1–888–221–0045 or visit its Web site at Government may be responsible under this communication between the committee and www.trafficsafety.org. contract. the project directors must be maintained as (End of clause) (End of clause) a means of safeguarding the rights and welfare of subjects. 1252.228–70 Loss of or damage to leased 1252.228–72 Risk and indemnities. (e) Facilities and professional attention aircraft. As prescribed in (TAR) 48 CFR required for subjects who may suffer As prescribed in (TAR) 48 CFR physical, psychological, or other injury as a 1228.306–70(a) and (d), insert the 1228.306–70(a) and (b), insert the result of participating in an activity shall be following clause: provided. following clause: Risk and Indemnities (DEC 1997) (f) The committee shall maintain records of Loss of or Damage to Leased Aircraft (DEC committee review of applications and active 1997) The Contractor hereby agrees to indemnify projects, of documentation of informed and hold harmless the Government, its consent, and of other documentation that (a) Except normal wear and tear, the Government assumes all risk of loss of, or officers and employees from and against all may pertain to the selection, participation, claims, demands, damages, liabilities, losses, and protection of subjects. Detailed records damage to, the leased aircraft during the term of this lease while the aircraft is in the suits and judgments (including all costs and shall be maintained of circumstances of any expenses incident thereto) which may be review that adversely affects the rights or possession of the Government. (b) In the event of damage to the aircraft, suffered by, accrue against, be charged to or welfare of the individual subjects. Such recoverable from the Government, its officers materials shall be made available to DOT the Government, at its option, shall make the necessary repairs with its own facilities or by and employees by reason of injury to or death upon request. of any person other than officers, agents, or (g) The retention period of such records contract, or pay the Contractor the reasonable cost of repair of the aircraft. employees of the Government or by reason of and materials shall be as specified at (FAR) damage to property of others of whatsoever 48 CFR 4.703. (c) In the event the aircraft is lost or kind (other than the property of the (h) Periodic reviews shall be conducted by damaged beyond repair, the Government Government, its officers, agents or the Contractor to assure, through appropriate shall pay the Contractor a sum equal to the employees) arising out of the operation of the administrative overview, that the practices fair market value of the aircraft at the time and procedures designed for the protection of of such loss or damage, which value may be aircraft. In the event the Contractor holds or the rights and welfare of subjects are being specifically agreed to in clause 1252.228–71, obtains insurance in support of this effectively applied. ‘‘Fair Market Value of Aircraft,’’ less the covenant, evidence of insurance shall be salvage value of the aircraft. However, the delivered to the Contracting Officer. (Note: If the Contractor has or maintains a Government may retain the damaged aircraft relationship with a Department of Health and (End of clause) Human Services approved Institutional or dispose of it as it wishes. In that event, the 1252.228–73 Notification of Miller Act Review Board (IRB) which can appropriately Contractor will be paid the fair market value payment bond protection. review this contract in accordance with the of the aircraft as stated in the clause. (d) The Contractor agrees that the contract technical requirements and applicable As prescribed in guidance at (TAR) 48 NHTSA policies and procedures, that IRB price does not include any cost attributable to hull insurance or to any reserve fund it has CFR 1228.106–470, insert the following will be considered acceptable for the clause: purposes of this contract). established to protect its interest in the aircraft. If, in the event of loss or damage to Notification of Miller Act Payment Bond (End of clause) the leased aircraft, the Contractor receives Protection (Apr 2005) 1252.223–73 Seat belt use policies and compensation for such loss or damage in any This notice clause shall be inserted by first programs. form from any source, the amount of such compensation shall be: tier subcontractors in all their subcontracts As prescribed in (TAR) 48 CFR (1) Credited to the Government in and shall contain information pertaining to 1223.7000(c), insert the following determining the amount of the Government’s the surety that provided the payment bond clause: liability; or under the prime contract. Seat Belt Use Policies and Programs (APR (2) For an increment of value of the aircraft (a) The prime contract is subject to the 2005) beyond the value for which the Government Miller Act, (40 U.S.C. 3131 et al), under is responsible. which the prime contractor has obtained a In accordance with Executive Order 13043, (e) In the event of loss of or damage to the payment bond. This payment bond may Increasing Seat Belt Use in the United States, aircraft, the Government shall be subrogated provide certain unpaid employees, suppliers, dated April 16, 1997, the contractor is to all rights of recovery by the Contractor and subcontractors a right to sue the bonding encouraged to adopt and enforce on-the-job against third parties for such loss or damage surety under the Miller Act for amounts seat belt use policies and programs for its and the Contractor shall promptly assign owed for work performed and materials employees when operating company-owned, such rights in writing to the Government. delivery under the prime contract. rented, or personally-owned vehicles. The (b) Persons believing that they have legal National Highway Traffic Safety (End of clause) remedies under the Miller Act should consult Administration (NHTSA) is responsible for 1252.228–71 Fair market value of aircraft. providing leadership and guidance in their legal advisor regarding the proper steps support of this Presidential initiative. For As prescribed in (TAR) 48 CFR to take to obtain these remedies. This notice information on how to implement such a 1228.306–70(a) and (c), insert the clause does not provide any party any rights program or for statistics on the potential following clause: against the Federal Government, or create benefits and cost-savings to your company or any relationship, contractual or otherwise, Fair Market Value of Aircraft (OCT 1994) organization, please visit the Buckle Up between the Federal Government and any America section of NHTSA’s Web site at For purposes of the clause entitled ‘‘Loss private party. www.nhtsa.dot.gov. Additional resources are of or Damage to Leased Aircraft,’’ the fair (c) The surety which has provided the available from the Network of Employers for market value of the aircraft to be used in the payment bond under the prime contract is: Traffic Safety (NETS), a public-private performance of this contract shall be the lllllllllllllllllllll partnership headquartered in the lesser of the two values set out in paragraphs (Name) Washington, DC metropolitan area, and (a) and (b) below: lllllllllllllllllllll dedicated to improving the traffic safety (a) $ lll; or (Street Address) practices of employers and employees. NETS (b) If the contractor has insured the same lllllllllllllllllllll is prepared to help with technical assistance, aircraft against loss or destruction in (City, State, Zip Code) a simple, user friendly program kit, and an connection with other operations, the lllllllllllllllllllll award for achieving the President’s goal of 90 amount of such insurance coverage on the (Contact & Tel. No.) percent seat belt use. NETS can be contacted date of the loss or damage for which the (End of clause)
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1252.231–70 Date of incurrence of costs. Research record is the record of data or otherwise protect the public interest and As prescribed in (TAR) 48 CFR results that embody the facts resulting from safety. 1231.205–32(b), insert the following scientific inquiry, and includes, but is not (e) Investigating research misconduct. limited to, research proposals, laboratory Research Institutions, or in limited clause: records, both physical and electronic, circumstances discussed in Section b, the Date of Incurrence of Costs (OCT 1994) progress reports, abstracts, theses, oral DOT Oversight Organization, shall use the presentations, internal reports, and journal following procedures to investigate The Contractor shall be entitled to articles. allegations of research misconduct: reimbursement for costs incurred on or after Respondent is the person against whom an (1) Inquire promptly into the research llllll in an amount not to exceed allegation of research misconduct has been misconduct allegation and complete an llllll $ that, if incurred after this made, or the person whose actions are the initial inquiry within 60 calendar days after contract had been entered into, would have focus of the inquiry or investigation. receipt of the allegation. been reimbursable under this contract. (b) General Guidelines. (1) Confidentiality. (2) Notify the contracting officer (End of clause) DOT organizations, including research immediately, in writing, when an inquiry organizations, are required to safeguard the results in a determination that an 1252.235–70 Research misconduct. confidentiality of the inquiry, investigation investigation is warranted, and promptly As prescribed in (TAR) 48 CFR and decision-making processes, including begin an investigation. 1235.7000, insert the following clause: maintaining complete confidentiality of all (3) Ensure the objectivity and expertise of records and identities of respondents and the individuals selected to review allegations Research Misconduct (Apr 2005) complainants. and conduct investigations. (a) Definitions. As used in this clause— (2) Retaliation prohibited. If a complainant (4) Conduct the investigation according to Adjudication means the process of who has reported possible research established internal procedures and complete reviewing recommendations from the misconduct alleges retaliation on the part of it within 120 calendar days of completing the investigation phase and determining DOT organization management, the report initial inquiry. appropriate corrective actions. will be addressed by management officials (5) Document the investigation. Include Complainant is the person who makes an who will conduct an inquiry into the documentation that: allegation of research misconduct or the allegations followed by an appropriate (i) Describes the allegation(s); person who cooperates with an inquiry or management action. (ii) Lists the investigators; investigation. (3) Separation of Phases. DOT (iii) Describes the methods and procedures DOT Oversight Organization is the DOT organizations and research organizations used to gather information and evaluate the operating administration or secretarial office must ensure the separation of the Inquiry, allegation(s); sponsoring or managing Federally funded Investigation and Determination Phases of (iv) summarizes the records and data research. this process. compiled, states the findings, and explains Evidence includes, but is not limited to, (4) In general, DOT organizations must the supporting reasons and evidence; research records, transcripts, or recordings of strive to protect the interests of the Federal (v) states the potential impact of any interviews, committee correspondence, Government and the public in carrying out research misconduct; and administrative records, grant applications this process. (vi) describes and explains any and awards, manuscripts, publications, (c) Elements to support a finding of institutional sanctions or corrective actions expert analyses, and electronic data. research misconduct. Research institutions recommended, or imposed as appropriate Fabrication is making up data or results (including contractors) that receive within its jurisdiction and as consistent with and recording or reporting them. Department of Transportation (DOT) funds other relevant laws. Falsification is manipulating research shall respond to allegations of research (6) Provide the respondent (the person materials, equipment, or processes, or misconduct. The following elements describe against whom an allegation of research changing or omitting data or results such that the type of behavior, level of intent and misconduct has been made) with a the research is not accurately represented in burden of proof required to support a finding reasonable opportunity (e.g., 30 calendar the research record. of research misconduct: days) to review and respond to the Inquiry is preliminary information (1) There must be a significant departure investigation report. The respondent’s gathering and fact finding to determine if an from the accepted practices of the relevant written comments or rebuttal will be made allegation, or apparent instance of research research community; part of the investigative record. misconduct, warrants an investigation. (2) The misconduct must have been (7) Within 30 calendar days after Investigation is formal collection and committed intentionally, or knowingly, or completion of an investigation, forward evaluation of information and facts to recklessly and; investigative reports, documentation, and determine if research misconduct can be (3) The allegation must be proven by a respondent’s response to the contracting established, to assess its extent and preponderance of the evidence. officer who will coordinate with the consequences, and to recommend (d) DOT Oversight Organization oversight organization(s) sponsoring and/or appropriate action. Investigation. The DOT oversight monitoring the federally funded research. Plagiarism is the appropriation of another organization may proceed with its own (8) Time extensions. Contractors should person’s ideas, processes, results, or words investigation at any time if: request time extensions as needed, from the without giving appropriate credit. Research (1) DOT determines the institution is not contracting officer of the appropriate DOT misconduct does not include honest error or prepared to handle the allegation in a manner oversight organization. The contracting differences of opinion. consistent with this policy; officer has discretion to waive time Research and Technology Coordinating (2) DOT involvement is needed to protect requirements for good cause. Council (RTCC) is the lead DOT entity for the public interest, including public health (f) Activity sanctions or corrective actions. coordination of all actions related to and safety; Upon receipt of the investigative reports from allegations of research misconduct. The (3) The allegation involves an entity of the contractor, the DOT oversight respondent in a research misconduct finding sufficiently small size (or an individual) that organization, in conjunction with the may appeal through the RTCC to the Deputy it cannot sufficiently conduct the contracting officer, will review the report and Secretary of Transportation. investigation itself. determine the appropriate administrative Research Institution includes any (4) The DOT oversight organization may action to be taken. In deciding what actions contractor conducting research under DOT take, or cause to be taken, interim to take, the oversight organizations should funded contractual instruments, agreements administrative actions (including special consider: the severity of the misconduct; the and similar instruments. certifications, assurances, or other degree to which the misconduct was Research misconduct means fabrication, administrative actions) when deemed knowing, intentional or reckless; and falsification, or plagiarism, in proposing, appropriate to protect the welfare of human whether it was an isolated event or part of performing, or reviewing research, or in and animal subjects of research, prevent a pattern. Sanctions or corrective actions may reporting research results. inappropriate use of Federal funds, or range as follows:
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(1) Minimal restrictions—such as a letter of Special Precautions for Work at Operating Qualifications of Contractor Employees (Apr reprimand, additional conditions on awards, Airports (Oct 1994) 2005) requiring third-party certification of accuracy (a) When work is to be performed at an a. Definitions. As used in this clause— or compliance with particular policies, operating airport, the Contractor must ‘‘Sensitive Information’’ is any information regulations, guidelines, or special terms and arrange its work schedule so as not to that, if subject to unauthorized access, conditions; interfere with flight operations. Such modification, loss, or misuse, or is (2) Moderate restrictions—such as operations will take precedence over proprietary data, could adversely affect the limitations on certain activities or construction convenience. Any operations of national interest, the conduct of Federal expenditures under an active award, or the Contractor which would otherwise programs, or the privacy of individuals special reviews of requests for funding; interfere with or endanger the operations of specified in The Privacy Act, 5 U.S.C. 552a, (3) More severe restrictions—such as aircraft shall be performed only at times and but has not been specifically authorized termination of an active award, or in the manner directed by the Contracting under criteria established by an Executive government-wide suspension or debarment. Officer. The Government will make every Order or an Act of Congress to be kept secret (i) When the DOT oversight organization effort to reduce the disruption of the in the interest of national defense or foreign concludes an investigation with a Contractor’s operation. policy. determination of research misconduct, the (b) Unless otherwise specified by local b. Work under this contract may involve DOT Office of the Senior Procurement regulations, all areas in which construction access to sensitive information which shall Executive may notify any other sources of operations are underway shall be marked by not be disclosed by the contractor unless research that provide support to the yellow flags during daylight hours and by red authorized in writing by the contracting respondent that a finding of research lights at other times. The red lights along the officer. To protect sensitive information, the misconduct has been made. edge of the construction areas within the contractor shall provide training to any (ii) If there are reasonable indications that existing aprons shall be the electric type of contractor employees authorized to access criminal violations may have occurred, the not less than 100 watts intensity placed and sensitive information, and upon request of DOT oversight organization shall consult supported as required. All other construction the Government, provide information as to an with the Office of Inspector General to markings on roads and adjacent parking lots individual’s suitability to have authorization. determine an appropriate course of action, may be either electric or battery type lights. c. The Contracting Officer may require including disbarment or suspension. The These lights and flags shall be placed so as dismissal from work those employees DOT oversight organization will notify the to outline the construction areas and the deemed incompetent, careless, respondent in writing of its action, sanctions distance between any two flags or lights shall insubordinate, unsuitable, or otherwise to be imposed if applicable, and the DOT not be greater than 25 feet. The Contractor objectionable, or whose continued appeal procedures. shall provide adequate watch to maintain the employment is deemed contrary to the public (g) Appeals and Final Administrative lights in working condition at all times other Action. (1) The Federal Acquisition interest or inconsistent with the best interest than daylight hours. The hour of beginning of national security. Regulation (FAR) governs in all matters and the hour of ending of daylight will be pertaining to termination of the contract, and d. Contractor employees working on this determined by the Contracting Officer. contract must complete such forms, as may suspension/debarment. (c) All equipment and material in the (2) In all other cases, the contractor may be necessary for security or other reasons, construction areas or when moved outside including the conduct of background appeal the sanction or corrective action the construction area shall be marked with through the DOT Research and Technology investigations to determine suitability. airport safety flags during the day and when Completed forms shall be submitted as Coordinating Council (RTCC) to the Deputy directed by the Contracting Officer, with red Secretary of Transportation, in writing within directed by the Contracting Officer. Upon the obstruction lights at nights. All equipment Contracting Officer’s request, the Contractor’s 30 calendar days after receiving written operating on the apron, taxiway, runway, and employees shall be fingerprinted, or subject notification of the research misconduct intermediate areas after darkness hours shall to other investigations as required. finding and associated administrative have clearance lights in conformance with e. The Contractor shall ensure that action(s). The contractor shall mail a copy of instructions from the Contracting Officer. No contractor employees are: the appeal to the contracting officer. construction equipment shall operate within (1) Citizens of the United States of America (3) If there is no request for appeal within 50 feet of aircraft undergoing fuel operations. or an alien who has been lawfully admitted 30 calendar days, the administrative actions Open flames are not allowed on the ramp for permanent residence or employment of the oversight organization shall be final. except at times authorized by the Contracting (indicated by immigration status) as (4) If a request for appeal is received by the Officer. evidenced Bureau of Citizenship and RTCC within the 30 calendar day limit, the (d) Trucks and other motorized equipment Deputy Secretary may have the RTCC review entering the airport or construction area shall Immigration Services documentation; and the appeal and make recommendations. do so only over routes determined by the (2) Have background investigations (5) The RTCC on behalf of the Deputy Contracting Officer. Use of runways, aprons, according to DOT Order 1630.2B, Personnel Secretary will normally inform the appellant taxiways, or parking areas as truck or Security Management. of the final decision on an appeal within 60 equipment routes will not be permitted f. The Contractor shall immediately notify calendar days of receipt. This decision will unless specifically authorized for such use. the contracting officer when an employee no then be the final DOT administrative action. Flag personnel shall be furnished by the longer requires access to DOT computer (h) Criminal or Civil Fraud Violations. Contractor at points on apron and taxiway for systems due to transfer, completion of a When the oversight organization concludes safe guidance of its equipment over these project retirement or termination of an investigation with a determination of areas to assure right of way to aircraft. Areas employment. research misconduct, the DOT Office of the and routes used during the contract must be g. The Contractor shall include the Senior Procurement Executive may notify returned to their original condition by the substance of this clause in all subcontracts at any other sources of research that provide Contractor. The maximum speed allowed at any tier where the subcontractor may have support to the respondent. If criminal or civil the airport shall be established by airport access to Government facilities, sensitive fraud violations may have occurred, the management. Vehicles shall be operated so as information, or resources. oversight organization should promptly refer to be under safe control at all times, weather (End of clause) the matter to the DOT Inspector General, the and traffic conditions considered. Vehicles Department of Justice or other appropriate must be equipped with head and tail lights 1252.237–71 Certification of data. investigative body. during the hours of darkness. As prescribed in (TAR) 48 CFR (End of clause) (End of clause) 1213.7101 and 1237.7003, insert the following provision: 1252.236–70 Special precautions for work 1252.237–70 Qualifications of contractor at operating airports. employees. Certification of Data (Apr 2005) As prescribed in (TAR) 48 CFR As prescribed in (TAR) 48 CFR Notice: The Secretary of Transportation has 1236.570, insert the following clause: 1237.110(a), insert the following clause: determined that this certification shall be
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retained in accordance with Section effective. The Contractor shall submit (2) National Institute of Standards and 4301(b)(1)(B)(i)(II) of the Federal Acquisition information to support the proposed action to Technology (NIST) Guidelines; Reform Act (Public Law 104–106, 41 U.S.C. enable the contracting officer to evaluate the (3) Departmental Information Resource 425, note) and DOT Memorandum dated July potential impact of the change on the Management Manual (DIRMM) and 17, 1996. contract. The Contractor shall not remove or associated guidelines; and (a) The offeror represents and certifies that replace personnel under this contract until (4) DOT Order 1630.2B, Personnel Security to the best of its knowledge and belief, the the Contracting Officer approves the change. Management information and/or data (e.g., company The Key Personnel under this Contract are: (c) Within 30 days after contract award, the profile; qualifications; background (specify key personnel) contractor shall submit the IT Security Plan statements; brochures) submitted with its (End of clause) to the DOT Contracting Officer for offer is current, accurate, and complete as of acceptance. This plan shall be consistent the date of its offer. 1252.239–70 Security requirements for with and further detail the approach (b) The offeror understands that any unclassified information technology contained in the offeror’s proposal or sealed inaccurate data provided to the Department resources. bid that resulted in the award of this contract of Transportation may subject the offeror, its As prescribed in (TAR) 48 CFR and in compliance with the requirements subcontractors, its employees, or its 1239.70, insert the following clause: stated in this clause. The plan, as accepted representatives to: (1) prosecution for false by the Contracting Officer, shall be statements pursuant to 18 U.S.C. 1001 and/ Security Requirements for Unclassified incorporated into the contract as a or; (2) enforcement action for false claims or Information Technology Resources (APR compliance document. The Contractor shall statements pursuant to the Program Fraud 2005) comply with the accepted plan. Civil Remedies Act of 1986, 31 U.S.C. 3801– (a) The Contractor shall be responsible for (d) Within 6 months after contract award, 3812 and 49 CFR part 31 and/or; (3) Information Technology security for all the contractor shall submit written proof of termination for default under any contract systems connected to a Department of IT Security accreditation to the DOT for resulting from its offer and/or; (4) debarment Transportation (DOT) network or operated by acceptance by the DOT Contracting Officer. or suspension. the Contractor for DOT, regardless of Such written proof may be furnished either (c) The offeror agrees to obtain a similar location. This clause is applicable to all or by the Contractor or by a third party. certification from its subcontractors. any part of the contract that includes Accreditation must be in accordance with information technology resources or services DOT Order 1350.2, which is available from Signature: llllllllllllllll in which the Contractor has physical or the Contracting Officer upon request. This Date: llllllllllllllllll electronic access to DOT’s sensitive accreditation will include a final security Typed Name and Title: information that directly supports the plan, risk assessment, security test and lllllllllllllllllllll mission of DOT. The term ‘‘information evaluation, and disaster recovery plan/ Company Name: lllllllllllll technology,’’ as used in this clause, means continuity of operations plan. This lllllllllllllllllllll any equipment or interconnected system or accreditation, when accepted by the subsystem of equipment, including Contracting Officer, shall be incorporated This certification concerns a matter within telecommunications equipment, that is used into the contract as a compliance document, the jurisdiction of an agency of the United in the automatic acquisition, storage, and shall include a final security plan, a risk States and the making of a false, fictitious, or manipulation, management, movement, assessment, security test and evaluation, and fraudulent certification may render the maker control, display, switching, interchange, disaster recovery/continuity of operations subject to prosecution under 18 U.S.C. 1001. transmission, or reception of data or plan. The contractor shall comply with the (End of provision) information. This includes both major accepted accreditation documentation. applications and general support systems as (e) On an annual basis, the contractor shall 1252.237–72 Prohibition on advertising. defined by OMB Circular A–130. Examples of submit verification to the Contracting Officer As prescribed in (TAR) 48 CFR tasks that require security provisions include: that the IT Security Plan remains valid. 1213.7101 and 1237.7003, insert the (1) Hosting of DOT e-Government sites or (f) The contractor will ensure that the following clause: other IT operations; following banners are displayed on all DOT (2) Acquisition, transmission or analysis of systems (both public and private) operated by Prohibition on Advertising (JAN 1996) data owned by DOT with significant the contractor prior to allowing anyone The contractor or its representatives replacement cost should the contractor’s access to the system: (including training instructors) shall not copy be corrupted; and Government Warning advertise or solicit business from attendees (3) Access to DOT general support systems/ for private, non-Government training during major applications at a level beyond that **WARNING**WARNING**WARNING** granted the general public, e.g. bypassing a contracted-for training sessions. This Unauthorized access is a violation of U.S. prohibition extends to unsolicited oral firewall. (b) The Contractor shall develop, provide, Law and Department of Transportation comments, distribution or sales of written policy, and may result in criminal or materials, and/or sales of promotional videos implement, and maintain an IT Security Plan. This plan shall describe the processes administrative penalties. Users shall not or audio tapes. The contractor agrees to insert access other user’s or system files without this clause in its subcontracts. and procedures that will be followed to ensure appropriate security of IT resources proper authority. Absence of access controls (End of clause) that are developed, processed, or used under IS NOT authorization for access! DOT information systems and related equipment 1252.237–73 Key personnel. this contract. The plan shall describe those parts of the contract to which this clause are intended for communication, As prescribed in (TAR) 48 CFR applies. The Contractor’s IT Security Plan transmission, processing and storage of U.S. 1237.110(b), insert the following clause: shall comply with applicable Federal Laws Government information. These systems and equipment are subject to monitoring by law Key Personnel (Apr 2005) that include, but are not limited to, 40 U.S.C. 11331, the Federal Information Security enforcement and authorized Department (a) The personnel as specified below are Management Act (FISMA) of 2002 and the E- officials. Monitoring may result in the considered essential to the work being Government Act of 2002. The plan shall meet acquisition, recording, and analysis of all performed under this contract and may, with IT security requirements in accordance with data being communicated, transmitted, the consent of the contracting parties, be Federal and DOT policies and procedures, as processed or stored in this system by law changed from time to time during the course they may be amended from time to time enforcement and authorized Department of the contract by adding or deleting during the term of this contract that include, officials. Use of this system constitutes personnel, as appropriate. but are not limited to: consent to such monitoring. (b) Before removing, replacing, or diverting (1) OMB Circular A–130, Management of any of the specified individuals, the Federal Information Resources, Appendix III, **WARNING**WARNING**WARNING** Contractor shall notify the contracting officer, Security of Federal Automated Information (g) The contractor will ensure that the in writing, before the change becomes Resources; following banner is displayed on all DOT
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systems that contain Privacy Act information Dissemination of Information—Educational 1252.242–72 Dissemination of contract operated by the contractor prior to allowing Institutions (OCT 1994) information. anyone access to the system: (a) The Department of Transportation As prescribed in (TAR) 48 CFR This system contains information protected (DOT) desires widespread dissemination of 1242.7000(c), insert the following under the provisions of the Privacy Act of the results of funded transportation research. clause: 1974 (Public Law 93–579). Any privacy The Contractor, therefore, may publish information displayed on the screen or Dissemination of Contract Information (OCT (subject to the provisions of the ‘‘Data printed shall be protected from unauthorized 1994) disclosure. Employees who violate privacy Rights’’ and ‘‘Patent Rights’’ clauses of the contract) research results in professional The Contractor shall not publish, permit to safeguards may be subject to disciplinary be published, or distribute for public actions, a fine of up to $5,000, or both. journals, books, trade publications, or other appropriate media (a thesis or collection of consumption, any information, oral or (h) Contractor personnel requiring written, concerning the results or theses should not be used to distribute privileged access or limited privileged access conclusions made pursuant to the results because dissemination will not be to systems operated by the Contractor for performance of this contract, without the DOT or interconnected to a DOT network sufficiently widespread). All costs of prior written consent of the Contracting shall be screened at an appropriate level in publication pursuant to this clause shall be Officer. Two copies of any material proposed accordance with DOT Order 1630.2B, borne by the Contractor and shall not be to be published or distributed shall be Personnel Security Management, as it may be charged to the Government under this or any submitted to the Contracting Officer. amended from time to time during the term other Federal contract. (End of clause) of this contract. (b) Any copy of material published under (i) The Contractor shall ensure that its this clause must contain acknowledgment of 1252.242–73 Contracting officer’s employees, in performance of the contract DOT’s sponsorship of the research effort and technical representative. performing under this contract, receive a disclaimer stating that the published As prescribed in (TAR) 48 CFR annual IT security training in accordance material represents the position of the with OMB Circular A–130, FISMA, and NIST 1242.7000(d), insert the following author(s) and not necessarily that of DOT. clause: requirements, as they may be amended from Articles for publication or papers to be time to time during the term of this contract, presented to professional societies do not Contracting Officer’s Technical with a specific emphasis on rules of require the authorization of the Contracting Representative (Oct 1994) behavior. (j) The Contractor shall afford the Officer prior to release. However, two copies (a) The Contracting Officer may designate Government access to the Contractor’s and of each article shall be transmitted to the Government personnel to act as the subcontractors’ facilities, installations, Contracting Officer at least two weeks prior Contracting Officer’s Technical operations, documentation, databases and to release or publication. Representative (COTR) to perform functions personnel used in performance of the (c) Press releases concerning the results or under the contract such as review and/or contract. Access shall be provided to the conclusions from the research under this inspection and acceptance of supplies, extent required to carry out a program of IT contract shall not be made or otherwise services, including construction, and other inspection (to include vulnerability testing), distributed to the public without prior functions of a technical nature. The investigation and audit to safeguard against written approval of the Contracting Officer. Contracting Officer will provide a written threats and hazards to the integrity, (d) Publication under the terms of this notice of such designation to the Contractor within five working days after contract award availability and confidentiality of DOT data clause does not release the Contractor from or for construction, not less than five working or to the function of information technology the obligation of preparing and submitting to systems operated on behalf of DOT, and to days prior to giving the contractor the notice the Contracting Officer a final report to proceed. The designation letter will set preserve evidence of computer crime. containing the findings and results of (k) The Contractor shall incorporate the forth the authorities and limitations of the research, as set forth in the schedule of the COTR under the contract. substance of this clause in all subcontracts contract. that meet the conditions in paragraph (a) of (b) The Contracting Officer cannot this clause. (End of clause) authorize the COTR or any other (l) The contractor shall immediately notify representative to sign documents (i.e., 1252.242–71 Contractor testimony. the contracting officer when an employee contracts, contract modifications, etc.) that terminates employment that has access to As prescribed in (TAR) 48 CFR require the signature of the Contracting Officer. DOT information systems or data. 1242.7000(b), insert the following (End of clause) clause: (End of clause) 1252.239–71 Information technology Contractor Testimony (OCT 1994) 1252.245–70 Government property security plan and accreditation. reports. All requests for the testimony of the Contractor or its employees, and any As prescribed in (TAR) 48 CFR As prescribed in (TAR) 48 CFR 1245.505–70, insert the following 1239.70, insert the following provision: intention to testify as an expert witness relating to: (a) Any work required by, and/or clause: Information Technology Security Plan and performed under, this contract; or (b) any Government Property Reports (Oct 1994) Accreditation (APR 2005) information provided by any party to assist (a) The Contractor shall prepare an annual All offers submitted in response to this the Contractor in the performance of this report of Government property in its solicitation must address the approach for contract, shall be immediately reported to the possession and the possession of its completing the security plan and Contracting Officer. Neither the Contractor subcontractors. accreditation requirements in TAR clause nor its employees shall testify on a matter (b) The report shall be submitted to the 1252.239–70. related to work performed or information Contracting Officer not later than September (End of provision) provided under this contract, either 15 of each calendar year on Form DOT F voluntarily or pursuant to a request, in any 4220.43, Contractor Report of Government 1252.242–70 Dissemination of judicial or administrative proceeding unless Property. information—educational institutions. approved, in advance, by the Contracting (End of clause) As prescribed in (TAR) 48 CFR Officer or required by a judge in a final court 1242.7000(a), insert the following order. Appendix to Part 1252—TAR Matrix clause: (End of clause) BILLING CODE 4910–62–P
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PART 1253—FORMS for local reproduction and a copy is a copy is furnished for this purpose in furnished for this purpose in the the Appendix to for subpart 1253.3. Subpart 1253.2—Prescription of Forms Appendix to subpart 1253.3. Sec. (b) Form DOT 4220.45, Contractor’s 1253.227–70 Conveyance of invention 1253.204 Administrative matters. Assignment of Refunds, Rebates, rights acquired by the Government. 1253.222 Application of labor laws to Credits, and Other Amounts. (See (TAR) The following form is prescribed as a Government acquisitions. 48 CFR 1204.804–570.) Form DOT F means for contractors to report 1253.222–70 Conveyance of invention 4220.45 is authorized for local inventions made in the course of rights acquired by the Government. reproduction and a copy is furnished for contract performance, as specified in 1253.245–70 Report of Government 1227.305–4: property. this purpose in the Appendix to subpart 1253.3. DD Form 882, Report of Inventions Subpart 1253.3—Illustration of Forms (c) Form DOT F 4220.46, Cumulative and Subcontracts. DD Form 882 can be 1253.303 Agency forms. Claim and Reconciliation Statement. found at http://www.aro.army.mil/ Appendix to Subpart 1253.3 (See (TAR) 48 CFR 1204.804–570.) Form forms/d882.pdf. Contractor’s Release. DOT F 4220.46 is authorized for local reproduction and a copy is furnished for 1253.245–70 Report of Government Employee Claim for Wage Restitution. property. Contractor Report of Government Property. this purpose in the Appendix to subpart Contractor’s Assignment of Refunds, Rebates, 1253.3. The following form is prescribed for Credits, and Other Amounts. (d) DD Form 882, Report of Inventions use by contractors to report Government Cumulative Claim and Reconciliation and Subcontracts. (See (TAR) 48 CFR property, as specified in (TAR) 48 CFR Statement. 1204.804–570.) DD Form 882 can be 1245.505–1470: Authority: 5 U.S.C. 301; 41 U.S.C. 418b; found at http://www.aro.army.mil/ Form DOT F 4220.43, Contractor (FAR) 48 CFR 1.3. forms/d882.pdf. Report of Government Property. See 1245.505–1470.) Form DOT F 4220.43 is Subpart 1253.2—Prescription of Forms 1253.222 Application of labor laws to authorized for local reproduction and a Government acquisitions. copy is furnished for this purpose in the 1253.204 Administrative matters. The following form is prescribed for Appendix to subpart 1253.3. The following forms are prescribed for use in connection with the application use in the closeout of applicable of labor laws, as specified in (TAR) 48 Subpart 1253.3—Illustration of Forms contracts, as specified in (TAR) 48 CFR CFR 1222.406–9: 1204.804–570: Form DOT F 4220.7, Employee Claim 1253.303 Agency forms. (a) Form DOT F 4220.4, Contractor’s for Wage Restitution. (See (TAR) 48 CFR This subpart contains illustrations of Release. (See (TAR) 48 CFR 1204.804– 1222.406–9(c)(1).) Form DOT F 4220.7 DOT and other agency forms specified 570.) Form DOT F 4220.4 is authorized is authorized for local reproduction and by the TAR for use in DOT acquisitions.
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Appendix to Subpart 1253.3
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[FR Doc. 05–1506 Filed 2–4–05; 8:45 am] BILLING CODE 4910–62–C
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Part III
The President Proclamation 7866—American Heart Month, 2005 Proclamation 7867—Centennial of the Forest Service, 2005 Presidential Determination No. 2005–19 of January 27, 2005—Determination To Authorize a Drawdown for Afghanistan
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Federal Register Presidential Documents Vol. 70, No. 24
Monday, February 7, 2005
Title 3— Proclamation 7866 of February 1, 2005
The President American Heart Month, 2005
By the President of the United States of America
A Proclamation
The miracles of modern medicine offer hope to those affected by heart disease, yet there are also simple measures that Americans can take to help prevent the disease. During American Heart Month, I encourage all Americans to take action to help reduce their risk and increase awareness of heart disease. The steps to a healthy heart include preventing and controlling factors that can lead to heart disease—smoking, high blood pressure, high blood cholesterol, physical inactivity, obesity, and diabetes. By avoiding tobacco, limiting consumption of alcohol, exercising regularly, eating a nutritious diet, and maintaining a healthy weight, Americans can substantially reduce their risk of developing cardiovascular disease. I also urge citizens to get routine preventative screenings and consult with their doctors. Through these commonsense steps, we can save many of the lives we might otherwise lose each year to heart disease. Although heart disease is often associated with men, it is the leading cause of death for American women: Nearly 500,000 American women die from cardiovascular disease each year. The National Heart, Lung, and Blood Insti- tute—part of the National Institutes of Health at the Department of Health and Human Services—and other national organizations have launched a national campaign called ‘‘The Heart Truth’’ to educate women about heart disease and to encourage them to make their health a priority. The symbol of ‘‘The Heart Truth’’ campaign is the red dress, which reminds women to talk with their doctors about heart disease and to make healthy choices. In addition, the American Heart Association has launched the ‘‘Go Red For Women’’ campaign to reach out to more women across our country. By continuing to raise public awareness about this deadly disease, we can help all our citizens lead healthier lives. In recognition of the importance of the ongoing fight against heart disease, the Congress, by Joint Resolution approved December 30, 1963, as amended (77 Stat. 843; 36 U.S.C. 101), has requested that the President issue an annual proclamation designating February as ‘‘American Heart Month.’’ NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, do hereby proclaim February 2005 as American Heart Month, and I invite all Americans to participate in National Wear Red Day by wearing a red dress, shirt, or tie on February 4, 2005. I also invite the Governors of the States, the Commonwealth of Puerto Rico, officials of other areas subject to the jurisdiction of the United States, and the American people to join me in our continuing commitment to fighting heart disease.
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IN WITNESS WHEREOF, I have hereunto set my hand this first day of February, in the year of our Lord two thousand five, and of the Independence of the United States of America the two hundred and twenty-ninth. W
[FR Doc. 05–2439 Filed 2–4–05; 8:45 am] Billing code 3195–01–P
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Proclamation 7867 of February 1, 2005
Centennial of the Forest Service, 2005
By the President of the United States of America
A Proclamation
In 2005, the Department of Agriculture’s Forest Service celebrates a century of service to our Nation. After President Theodore Roosevelt established the Forest Service as part of the Department of Agriculture in 1905, Secretary of Agriculture James Wilson wrote to the First Chief of the Forest Service, Forester Gifford Pinchot, that ‘‘all land is to be devoted to its most productive use for the permanent good of the whole people.’’ The Forest Service has now upheld this noble charge for 100 years, and America’s forests remain vibrant because of the hard work and dedication of our foresters. Beyond serving as places for recreation, our forests are also sources of paper products, building materials, chemicals, and many other resources that drive our economy. Over the last century, the Forest Service has com- bined this ethic of good stewardship with sound science and a spirit of innovation to cultivate and sustain our forests in ways that benefit our entire society. Today, Americans continue to be responsible stewards of national forests and grasslands. Through the commonsense management approach of my Healthy Forests Initiative, the Forest Service is working with State and local governments, tribes, and other Federal agencies to help prevent destruc- tive wildfires, return forests to a healthier, natural condition, and maintain a full range of forest types. The Forest Service is also providing important work, education, and job training to citizens in need. This commitment to ‘‘Caring for the Land and Serving People’’ contributes to our country’s success in conserving our environment and ensuring that our natural re- sources remain sources of pride for our citizens, our communities, and our Nation. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim February 1, 2005, as the Centennial of the Forest Service of the Department of Agriculture. I call upon the people of the United States to recognize this anniversary with appropriate programs, ceremonies, and activities in honor of the Forest Service’s contributions to our country.
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IN WITNESS WHEREOF, I have hereunto set my hand this first day of February, in the year of our Lord two thousand five, and of the Independence of the United States of America the two hundred and twenty-ninth. W
[FR Doc. 05–2326 Filed 2–4–05; 8:45 am] Billing code 3195–01–P
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Presidential Determination No. 2005–19 of January 27, 2005
Determination to Authorize a Drawdown for Afghanistan
Memorandum for the Secretary of State [and] the Secretary of Defense
Pursuant to the authority vested in me by the Constitution and laws of the United States, including section 202 and other relevant provisions of the Afghanistan Freedom Support Act (Public Law 107–327, as amended) and section 506 of the Foreign Assistance Act of 1961, as amended, 22 U.S.C. 2318, I hereby direct the drawdown of up to $88.5 million of defense articles, defense services, and military education and training from the De- partment of Defense for the Government of Afghanistan. The Secretary of State is authorized and directed to report this determination to the Congress and to arrange for its publication in the Federal Register. W THE WHITE HOUSE, Washington, January 27, 2005.
[FR Doc. 05–2440 Filed 2–4–05; 8:45 am] Billing code 4710–10–P
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Reader Aids Federal Register Vol. 70, No. 24 Monday, February 7, 2005
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING FEBRUARY
Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 129...... 5518 Presidential Documents 3 CFR 135...... 5518 Executive orders and proclamations 741–6000 Proclamations: 183...... 5518 The United States Government Manual 741–6000 7866...... 6545 Proposed Rules: 7867...... 6547 Other Services 39 ...... 5064, 5066, 5070, 5073, Administrative Orders: 5076, 5078, 5081, 5387, Electronic and on-line services (voice) 741–6020 Presidential 5390 Privacy Act Compilation 741–6064 Determinations: 71 ...... 6376, 6378, 6379, 6381 Public Laws Update Service (numbers, dates, etc.) 741–6043 No. 2005-19 of 375...... 6382 TTY for the deaf-and-hard-of-hearing 741–6086 January 27, 2005 ...... 6549 17 CFR 5 CFR ELECTRONIC RESEARCH 1...... 5923 World Wide Web 5501...... 5543 155...... 5923 5502...... 5543 Proposed Rules: Full text of the daily Federal Register, CFR and other publications Ch. XCVII...... 5272 1...... 5577 is located at: http://www.gpoaccess.gov/nara/index.html 9701...... 5272 Federal Register information and research tools, including Public 18 CFR 7 CFR Inspection List, indexes, and links to GPO Access are located at: 157...... 6340 http://www.archives.gov/federallregister/ 272...... 6313 20 CFR E-mail 275...... 6313 905...... 5915 416...... 6340 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 932...... 6323 an open e-mail service that provides subscribers with a digital 989...... 6326 21 CFR form of the Federal Register Table of Contents. The digital form 1700...... 5349 1310...... 5925 of the Federal Register Table of Contents includes HTML and 1709...... 5349 1313...... 5925 PDF links to the full text of each document. Proposed Rules: To join or leave, go to http://listserv.access.gpo.gov and select 993...... 5944 22 CFR Online mailing list archives, FEDREGTOC-L, Join or leave the list 1700...... 5382 22...... 5372 (or change settings); then follow the instructions. 1709...... 5382 26 CFR PENS (Public Law Electronic Notification Service) is an e-mail 9 CFR service that notifies subscribers of recently enacted laws. 1...... 5044 93...... 6083 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Proposed Rules: 94...... 5043, 6083 1...... 5948 and select Join or leave the list (or change settings); then follow 95...... 6083 the instructions. 96...... 6083 27 CFR FEDREGTOC-L and PENS are mailing lists only. We cannot Proposed Rules: 11 CFR respond to specific inquiries. 9...... 5393, 5397 Reference questions. Send questions and comments about the 110...... 5565 Federal Register system to: [email protected] Proposed Rules: 29 CFR The Federal Register staff cannot interpret specific documents or 109...... 5382 Proposed Rules: regulations. 300...... 5382, 5385 2520...... 6306 12 CFR 33 CFR FEDERAL REGISTER PAGES AND DATE, FEBRUARY 30...... 6329 100...... 5045 5043–5348...... 1 Proposed Rules: 117...... 5048, 6345 Ch. I ...... 5571 165 .....5045, 5048, 5050, 6347, 5349–5542...... 2 Ch. II ...... 5571 6349 5543–5914...... 3 Ch. III ...... 5571 Proposed Rules: 5915–6312...... 4 Ch. IV...... 5571 165...... 5083 6313–6550...... 7 Ch. VII...... 5946 36 CFR 13 CFR Proposed Rules: 125...... 5568 1253...... 6386 14 CFR 37 CFR 39 ...... 5361, 5365, 5367, 5515, 1...... 5053 5917, 5920 71 ...... 5370, 6334, 6335, 6336 38 CFR 95...... 6337 17...... 5926 97...... 6338 119...... 5518 39 CFR 121...... 5518 111...... 5055
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40 CFR 42 CFR 65...... 5933, 5936 49 CFR 67 ...... 5937, 5938, 5942 9...... 6351 Proposed Rules: Proposed Rules: 52 ...... 5377, 5927, 5928, 6352 400...... 6184 Proposed Rules: 385...... 5957 67 ...... 5949, 5953, 5954, 5956 63...... 6355 405...... 6140, 6184 390...... 5957 81...... 5057, 6361 410...... 6184 47 CFR 395...... 5957 300...... 5930 412...... 5724, 6184 605...... 5600 442...... 5058 413...... 6086, 6184 54...... 6365 Proposed Rules: 414...... 6184 73...... 5380, 5381 51...... 5593 423...... 6256 Proposed Rules: 50 CFR 52 ...... 5085, 5399, 6387 441...... 6086 54...... 6390 622...... 5061, 5569 482...... 6140 63...... 6388 679...... 5062 122...... 5093 486...... 6086 48 CFR 155...... 5400 488...... 6140, 6184 219...... 6373 Proposed Rules: 300...... 5949 494...... 6184 225...... 6374 17 ...... 5101, 5117, 5123, 5401, 442...... 5100 498...... 6086 229...... 6375 5404, 5959 Ch. 12 ...... 6506 226...... 6394 41 CFR 44 CFR Proposed Rules: 300...... 6395 Ch. 301 ...... 5932 64...... 6364 250...... 6393 622...... 5128
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REMINDERS Mariana fruit bat; published Northeastern United States comments until further The items in this list were 1-6-05 fisheries— notice; published 10-1-03 editorially compiled as an aid TRANSPORTATION Monkfish; comments due [FR 03-24818] to Federal Register users. DEPARTMENT by 2-14-05; published Natural gas companies Inclusion or exclusion from Federal Aviation 1-14-05 [FR 05-00755] (Natural Gas Act): this list has no legal Administration COURT SERVICES AND Interstate natural gas significance. Air carrier certification and OFFENDER SUPERVISION pipelines; business operations: AGENCY FOR THE practices standards; comments due by 2-18- Pyrotechnic signaling device DISTRICT OF COLUMBIA RULES GOING INTO Semi-annual agenda; Open for 05; published 1-4-05 [FR requirements; published 05-00017] EFFECT FEBRUARY 7, 12-27-04 comments until further 2005 notice; published 12-22-03 ENVIRONMENTAL Standard instrument approach [FR 03-25121] PROTECTION AGENCY procedures; published 2-7- DEFENSE DEPARTMENT 05 DEFENSE DEPARTMENT Air pollutants, hazardous; Acquisition regulations: Army Department national emission standards: TREASURY DEPARTMENT Leather finishing operations; Overseas contracts; tax Law enforcement and criminal Alcohol and Tobacco Tax comments due by 2-17- procedures; published 2-7- investigations: and Trade Bureau 05; published 2-7-05 [FR 05 Military police investigations; Alcohol; viticultural area 05-02304] comments due by 2-14- Polyacrylonitrile carbon fiber; designations: Air quality implementation restriction to domestic 05; published 12-16-04 Southern Oregon; Douglas, [FR 04-27569] plans; approval and sources; published 2-7-05 Jackson, and Josephine promulgation; various Small Business Counties, OR; published DEFENSE DEPARTMENT States: Competitiveness 12-8-04 Acquisition regulations: Ohio; comments due by 2- Demonstration Program; Yamhill-Carlton District; Pilot Mentor-Protege 18-05; published 1-19-05 published 2-7-05 Yamhill and Washington Program; Open for [FR 05-01032] ENVIRONMENTAL Counties, OR; published comments until further Environmental statements; PROTECTION AGENCY 12-9-04 notice; published 12-15-04 availability, etc.: Agency information collection [FR 04-27351] Coastal nonpoint pollution activities; proposals, Task and delivery order control program— COMMENTS DUE NEXT contracts; contract period; submissions, and approvals; WEEK Minnesota and Texas; published 2-7-05 comments due by 2-14- Open for comments Air quality implementation 05; published 12-15-04 until further notice; plans; approval and AGRICULTURE [FR 04-27346] published 10-16-03 [FR promulgation; various DEPARTMENT EDUCATION DEPARTMENT 03-26087] States: Agricultural Marketing Elementary and secondary Water pollution control: Service Pennsylvania; published 12- education: National Pollutant Discharge 8-04 Cotton classing, testing and Troops-to-Teachers Elimination System— standards: Hazardous waste program Program; selection criteria; Concentrated animal authorizations: Classification services to comments due by 2-14- feeding operations in growers; 2004 user fees; 05; published 1-14-05 [FR Tennessee; published 12-8- New Mexico and Open for comments until 05-00861] 04 Oklahoma; general further notice; published ENERGY DEPARTMENT permit for discharges; FEDERAL 5-28-04 [FR 04-12138] Meetings: Open for comments COMMUNICATIONS Pears (winter) grown in— until further notice; COMMISSION Environmental Management Oregon and Washington; published 12-7-04 [FR Radio frequency devices: Site-Specific Advisory comments due by 2-14- Board— 04-26817] Broadband power line 05; published 1-13-05 [FR Oak Ridge Reservation, National Pollutant Discharge systems; published 1-7-05 05-00579] TN; Open for comments Elimination System HEALTH AND HUMAN AGRICULTURE until further notice; (NPDES)— SERVICES DEPARTMENT DEPARTMENT published 11-19-04 [FR Storm water discharges Food and Drug Agricultural Research 04-25693] for oil and gas construction activity Administration Service ENERGY DEPARTMENT disturbing 1 to 5 acres Public Health Security and National Arboretum; conduct Energy Efficiency and of land; postponement; Bioterrorism Preparedness rules and fee schedule; Renewable Energy Office comments due by 2-17- and Response Act of 2002; comments due by 2-18-05; Commercial and industrial 05; published 1-18-05 implementation: published 12-20-04 [FR 04- equipment; energy efficiency [FR 05-00930] 27394] Food for human or animal program: Water pollution; effluent consumption— COMMERCE DEPARTMENT Test procedures and guidelines for point source Manufacturing, processing, National Oceanic and efficiency standards— categories: packing, transportation, Atmospheric Administration Commercial packaged Meat and poultry products distribution, etc.; records Endangered and threatened boilers; Open for processing facilities; Open establishment and species: comments until further for comments until further maintenance; published notice; published 10-21- notice; published 9-8-04 12-9-04 Critical habitat designations— 04 [FR 04-17730] [FR 04-12017] INTERIOR DEPARTMENT Pacific salmon and ENERGY DEPARTMENT FEDERAL Fish and Wildlife Service steelhead; comments Federal Energy Regulatory COMMUNICATIONS Endangered and threatened due by 2-14-05; Commission COMMISSION species: published 12-14-04 [FR Electric rate and corporate Common carrier services: Gray wolf; western distinct 04-26682] regulation filings: Interconnection— population segment; Fishery conservation and Virginia Electric & Power Incumbent local exchange published 1-6-05 management: Co. et al.; Open for carriers unbounding
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obligations; local Multifamily accelerated Fort Wayne State Occupant crash protection— competition provisions; processing; lender quality Developmental Center; Door locks and retention wireline services assurance enforcement; Open for comments until components and side offering advanced comments due by 2-15- further notice; published impact protection; telecommunications 05; published 12-17-04 5-10-04 [FR 04-10516] comments due by 2-14- capability; Open for [FR 04-27535] SECURITIES AND 05; published 12-15-04 comments until further Mortgage and loan insurance EXCHANGE COMMISSION [FR 04-27215] notice; published 12-29- programs: Securities: TRANSPORTATION 04 [FR 04-28531] Federal Housing Securities offerings DEPARTMENT FEDERAL TRADE Administration Credit (Regulation M); anti- Research and Special COMMISSION Watch Termination manipulation rules; Programs Administration Children’s online privacy Initiative; revisions; comments due by 2-15- Hazardous materials: protection rule; personal comments due by 2-15- 05; published 12-17-04 information collection, use, 05; published 12-17-04 [FR 04-27434] Transportation— [FR 04-27536] Primary lithium batteries or disclosure; parental SMALL BUSINESS Public and Indian housing: and cells; prohibition consent; comments due by ADMINISTRATION 2-14-05; published 1-14-05 Demolition or disposition of aboard passenger Disaster loan areas: [FR 05-00877] public housing projects; aircraft; comments due Maine; Open for comments GOVERNMENT comments due by 2-14- by 2-14-05; published until further notice; ACCOUNTABILITY OFFICE 05; published 12-15-04 12-15-04 [FR 04-27423] [FR 04-27206] published 2-17-04 [FR 04- Practice and procedure: 03374] TREASURY DEPARTMENT Bid protest regulations; INTERIOR DEPARTMENT OFFICE OF UNITED STATES Internal Revenue Service comments due by 2-18- Fish and Wildlife Service TRADE REPRESENTATIVE Employment taxes and 05; published 12-20-04 Endangered and threatened collection of income taxes at [FR 04-27615] species permit applications Trade Representative, Office of United States source: HEALTH AND HUMAN Recovery plans— Generalized System of Tax-sheltered annuity SERVICES DEPARTMENT Paiute cutthroat trout; Preferences: contracts; comments due Food and Drug Open for comments by 2-14-05; published 11- Administration until further notice; 2003 Annual Product Review, 2002 Annual 16-04 [FR 04-25237] Reports and guidance published 9-10-04 [FR Country Practices Review, TREASURY DEPARTMENT documents; availability, etc.: 04-20517] and previously deferred Endangered and threatened United States Mint Evaluating safety of product decisions; species: Operations and procedures: antimicrobial new animal petitions disposition; Open Critical habitat Misuse of words, letters, drugs with regard to their for comments until further designations— symbols, or emblems of microbiological effects on notice; published 7-6-04 United States; civil bacteria of human health Coachella Valley milk- [FR 04-15361] concern; Open for vetch; comments due penalties assessment; comments until further by 2-14-05; published TRANSPORTATION comments due by 2-18- notice; published 10-27-03 12-14-04 [FR 04-26690] DEPARTMENT 05; published 1-12-05 [FR [FR 03-27113] Western snowy plover; Federal Aviation 05-00543] Administration Medical devices— Pacific Coast TREASURY DEPARTMENT Airworthiness directives: Dental noble metal alloys population; comments Terrorism Risk Insurance and base metal alloys; due by 2-15-05; Airbus; comments due by 2- Program: Class II special published 12-17-04 [FR 18-05; published 1-19-05 Additional claims issues; controls; Open for 04-26877] [FR 05-00993] insurer affiliations; comments until further Migratory bird hunting: BAE Systems (Operations) comments due by 2-17- notice; published 8-23- Ltd.; comments due by 2- Alaska; spring/summer 05; published 1-18-05 [FR 04 [FR 04-19179] 18-05; published 1-19-05 migratory bird subsistence 05-00925] HOMELAND SECURITY harvest; comments due by [FR 05-00994] DEPARTMENT 2-18-05; published 12-20- Boeing; comments due by Coast Guard 04 [FR 04-27776] 2-17-05; published 1-3-05 LIST OF PUBLIC LAWS Anchorage regulations: NATIONAL CRIME [FR 04-28667] Maryland; Open for PREVENTION AND PRIVACY Bombardier; comments due This is the first in a continuing comments until further COMPACT COUNCIL by 2-18-05; published 12- list of public bills from the notice; published 1-14-04 Noncriminal justice 20-04 [FR 04-27507] current session of Congress [FR 04-00749] administrative functions; Airworthiness standards: which have become Federal Drawbridge operations: outsourcing procedures; Special conditions— laws. It may be used in Massachusetts; comments comments due by 2-14-05; AMSAFE, Inc.; Mooney conjunction with ‘‘PLUS’’ due by 2-14-05; published published 12-16-04 [FR 04- Model M20K, M20M, (Public Laws Update Service) 12-15-04 [FR 04-27472] 27488] M20R, and M20S on 202–741–6043. This list is New Jersey; comments due INTERIOR DEPARTMENT airplanes; comments also available online at http:// by 2-15-05; published 12- National Indian Gaming due by 2-18-05; www.archives.gov/ 17-04 [FR 04-27675] Commission published 1-19-05 [FR federal—register/public—laws/ New York; comments due Management contract 05-00973] public—laws.html. by 2-14-05; published 12- provisions: Class E airspace; comments A cumulative List of Public 15-04 [FR 04-27470] Minimum internal control due by 2-14-05; published Laws for the second session Virginia; comments due by standards; comments due 12-30-04 [FR 04-28555] of the 108th Congress will 2-14-05; published 12-30- by 2-18-05; published 1- TRANSPORTATION appear in the issue of January 04 [FR 04-28548] 11-05 [FR 05-00448] DEPARTMENT 31, 2005. HOUSING AND URBAN NUCLEAR REGULATORY National Highway Traffic The text of laws is not DEVELOPMENT COMMISSION Safety Administration published in the Federal DEPARTMENT Environmental statements; Motor vehicle safety Register but may be ordered FHA programs; introduction: availability, etc.: standards: in ‘‘slip law’’ (individual
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pamphlet) form from the index.html. Some laws may listserv.gsa.gov/archives/ Superintendent of Documents, not yet be available. publaws-l.html Public Laws Electronic U.S. Government Printing Notification Service Office, Washington, DC 20402 H.R. 241/P.L. 109-1 Note: This service is strictly (PENS) (phone, 202–512–1808). The To accelerate the income tax for E-mail notification of new text will also be made benefits for charitable cash laws. The text of laws is not available on the Internet from contributions for the relief of PENS is a free electronic mail available through this service. victims of the Indian Ocean notification service of newly PENS cannot respond to GPO Access at http:// tsunami. (Jan. 7, 2005; 119 enacted public laws. To specific inquiries sent to this www.gpoaccess.gov/plaws/ Stat. 3) subscribe, go to http:// address.
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CFR CHECKLIST Title Stock Number Price Revision Date 13 ...... (869–052–00038–8) ...... 55.00 Jan. 1, 2004 This checklist, prepared by the Office of the Federal Register, is 14 Parts: published weekly. It is arranged in the order of CFR titles, stock 1–59 ...... (869–052–00039–6) ...... 63.00 Jan. 1, 2004 numbers, prices, and revision dates. 60–139 ...... (869–052–00040–0) ...... 61.00 Jan. 1, 2004 An asterisk (*) precedes each entry that has been issued since last 140–199 ...... (869–052–00041–8) ...... 30.00 Jan. 1, 2004 week and which is now available for sale at the Government Printing 200–1199 ...... (869–052–00042–6) ...... 50.00 Jan. 1, 2004 Office. 1200–End ...... (869–052–00043–4) ...... 45.00 Jan. 1, 2004 A checklist of current CFR volumes comprising a complete CFR set, 15 Parts: also appears in the latest issue of the LSA (List of CFR Sections 0–299 ...... (869–052–00044–2) ...... 40.00 Jan. 1, 2004 Affected), which is revised monthly. 300–799 ...... (869–052–00045–1) ...... 60.00 Jan. 1, 2004 800–End ...... (869–052–00046–9) ...... 42.00 Jan. 1, 2004 The CFR is available free on-line through the Government Printing Office’s GPO Access Service at http://www.access.gpo.gov/nara/cfr/ 16 Parts: index.html. For information about GPO Access call the GPO User 0–999 ...... (869–052–00047–7) ...... 50.00 Jan. 1, 2004 Support Team at 1-888-293-6498 (toll free) or 202-512-1530. 1000–End ...... (869–052–00048–5) ...... 60.00 Jan. 1, 2004 The annual rate for subscription to all revised paper volumes is 17 Parts: $1195.00 domestic, $298.75 additional for foreign mailing. 1–199 ...... (869–052–00050–7) ...... 50.00 Apr. 1, 2004 Mail orders to the Superintendent of Documents, Attn: New Orders, 200–239 ...... (869–052–00051–5) ...... 58.00 Apr. 1, 2004 P.O. Box 371954, Pittsburgh, PA 15250–7954. All orders must be 240–End ...... (869–052–00052–3) ...... 62.00 Apr. 1, 2004 accompanied by remittance (check, money order, GPO Deposit 18 Parts: Account, VISA, Master Card, or Discover). Charge orders may be 1–399 ...... (869–052–00053–1) ...... 62.00 Apr. 1, 2004 telephoned to the GPO Order Desk, Monday through Friday, at (202) 400–End ...... (869–052–00054–0) ...... 26.00 Apr. 1, 2004 512–1800 from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your charge orders to (202) 512-2250. 19 Parts: 1–140 ...... (869–052–00055–8) ...... 61.00 Apr. 1, 2004 Title Stock Number Price Revision Date 141–199 ...... (869–052–00056–6) ...... 58.00 Apr. 1, 2004 1, 2 (2 Reserved) ...... (869–052–00001–9) ...... 9.00 4Jan. 1, 2004 200–End ...... (869–052–00057–4) ...... 31.00 Apr. 1, 2004 3 (2003 Compilation 20 Parts: and Parts 100 and 1–399 ...... (869–052–00058–2) ...... 50.00 Apr. 1, 2004 101) ...... (869–052–00002–7) ...... 35.00 1 Jan. 1, 2004 400–499 ...... (869–052–00059–1) ...... 64.00 Apr. 1, 2004 4 ...... (869–052–00003–5) ...... 10.00 Jan. 1, 2004 500–End ...... (869–052–00060–9) ...... 63.00 Apr. 1, 2004 5 Parts: 21 Parts: 1–699 ...... (869–052–00004–3) ...... 60.00 Jan. 1, 2004 1–99 ...... (869–052–00061–2) ...... 42.00 Apr. 1, 2004 700–1199 ...... (869–052–00005–1) ...... 50.00 Jan. 1, 2004 100–169 ...... (869–052–00062–1) ...... 49.00 Apr. 1, 2004 1200–End ...... (869–052–00006–0) ...... 61.00 Jan. 1, 2004 170–199 ...... (869–052–00063–9) ...... 50.00 Apr. 1, 2004 200–299 ...... (869–052–00064–7) ...... 17.00 Apr. 1, 2004 6 ...... (869–052–00007–8) ...... 10.50 Jan. 1, 2004 300–499 ...... (869–052–00065–5) ...... 31.00 Apr. 1, 2004 7 Parts: 500–599 ...... (869–052–00066–3) ...... 47.00 Apr. 1, 2004 1–26 ...... (869–052–00008–6) ...... 44.00 Jan. 1, 2004 600–799 ...... (869–052–00067–1) ...... 15.00 Apr. 1, 2004 27–52 ...... (869–052–00009–4) ...... 49.00 Jan. 1, 2004 800–1299 ...... (869–052–00068–0) ...... 58.00 Apr. 1, 2004 53–209 ...... (869–052–00010–8) ...... 37.00 Jan. 1, 2004 1300–End ...... (869–052–00069–8) ...... 24.00 Apr. 1, 2004 210–299 ...... (869–052–00011–6) ...... 62.00 Jan. 1, 2004 22 Parts: 300–399 ...... (869–052–00012–4) ...... 46.00 Jan. 1, 2004 1–299 ...... (869–052–00070–1) ...... 63.00 Apr. 1, 2004 400–699 ...... (869–052–00013–2) ...... 42.00 Jan. 1, 2004 300–End ...... (869–052–00071–0) ...... 45.00 Apr. 1, 2004 700–899 ...... (869–052–00014–1) ...... 43.00 Jan. 1, 2004 900–999 ...... (869–052–00015–9) ...... 60.00 Jan. 1, 2004 23 ...... (869–052–00072–8) ...... 45.00 Apr. 1, 2004 1000–1199 ...... (869–052–00016–7) ...... 22.00 Jan. 1, 2004 24 Parts: 1200–1599 ...... (869–052–00017–5) ...... 61.00 Jan. 1, 2004 0–199 ...... (869–052–00073–6) ...... 60.00 Apr. 1, 2004 1600–1899 ...... (869–052–00018–3) ...... 64.00 Jan. 1, 2004 200–499 ...... (869–052–00074–4) ...... 50.00 Apr. 1, 2004 1900–1939 ...... (869–052–00019–1) ...... 31.00 Jan. 1, 2004 500–699 ...... (869–052–00075–2) ...... 30.00 Apr. 1, 2004 1940–1949 ...... (869–052–00020–5) ...... 50.00 Jan. 1, 2004 700–1699 ...... (869–052–00076–1) ...... 61.00 Apr. 1, 2004 1950–1999 ...... (869–052–00021–3) ...... 46.00 Jan. 1, 2004 1700–End ...... (869–052–00077–9) ...... 30.00 Apr. 1, 2004 2000–End ...... (869–052–00022–1) ...... 50.00 Jan. 1, 2004 25 ...... (869–052–00078–7) ...... 63.00 Apr. 1, 2004 8 ...... (869–052–00023–0) ...... 63.00 Jan. 1, 2004 26 Parts: 9 Parts: §§ 1.0–1–1.60 ...... (869–052–00079–5) ...... 49.00 Apr. 1, 2004 1–199 ...... (869–052–00024–8) ...... 61.00 Jan. 1, 2004 §§ 1.61–1.169 ...... (869–052–00080–9) ...... 63.00 Apr. 1, 2004 200–End ...... (869–052–00025–6) ...... 58.00 Jan. 1, 2004 §§ 1.170–1.300 ...... (869–052–00081–7) ...... 60.00 Apr. 1, 2004 10 Parts: §§ 1.301–1.400 ...... (869–052–00082–5) ...... 46.00 Apr. 1, 2004 1–50 ...... (869–052–00026–4) ...... 61.00 Jan. 1, 2004 §§ 1.401–1.440 ...... (869–052–00083–3) ...... 62.00 Apr. 1, 2004 51–199 ...... (869–052–00027–2) ...... 58.00 Jan. 1, 2004 §§ 1.441–1.500 ...... (869–052–00084–1) ...... 57.00 Apr. 1, 2004 200–499 ...... (869–052–00028–1) ...... 46.00 Jan. 1, 2004 §§ 1.501–1.640 ...... (869–052–00085–0) ...... 49.00 Apr. 1, 2004 500–End ...... (869–052–00029–9) ...... 62.00 Jan. 1, 2004 §§ 1.641–1.850 ...... (869–052–00086–8) ...... 60.00 Apr. 1, 2004 §§ 1.851–1.907 ...... (869–052–00087–6) ...... 61.00 Apr. 1, 2004 11 ...... (869–052–00030–2) 41.00 Feb. 3, 2004 §§ 1.908–1.1000 ...... (869–052–00088–4) ...... 60.00 Apr. 1, 2004 12 Parts: §§ 1.1001–1.1400 ...... (869–052–00089–2) ...... 61.00 Apr. 1, 2004 1–199 ...... (869–052–00031–1) ...... 34.00 Jan. 1, 2004 §§ 1.1401–1.1503–2A .... (869–052–00090–6) ...... 55.00 Apr. 1, 2004 200–219 ...... (869–052–00032–9) ...... 37.00 Jan. 1, 2004 §§ 1.1551–End ...... (869–052–00091–4) ...... 55.00 Apr. 1, 2004 220–299 ...... (869–052–00033–7) ...... 61.00 Jan. 1, 2004 2–29 ...... (869–052–00092–2) ...... 60.00 Apr. 1, 2004 300–499 ...... (869–052–00034–5) ...... 47.00 Jan. 1, 2004 30–39 ...... (869–052–00093–1) ...... 41.00 Apr. 1, 2004 500–599 ...... (869–052–00035–3) ...... 39.00 Jan. 1, 2004 40–49 ...... (869–052–00094–9) ...... 28.00 Apr. 1, 2004 600–899 ...... (869–052–00036–1) ...... 56.00 Jan. 1, 2004 50–299 ...... (869–052–00095–7) ...... 41.00 Apr. 1, 2004 900–End ...... (869–052–00037–0) ...... 50.00 Jan. 1, 2004 300–499 ...... (869–052–00096–5) ...... 61.00 Apr. 1, 2004
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Title Stock Number Price Revision Date Title Stock Number Price Revision Date 500–599 ...... (869–052–00097–3) ...... 12.00 5Apr. 1, 2004 64–71 ...... (869–052–00150–3) ...... 29.00 July 1, 2004 600–End ...... (869–052–00098–1) ...... 17.00 Apr. 1, 2004 72–80 ...... (869–052–00151–1) ...... 62.00 July 1, 2004 81–85 ...... (869–052–00152–0) ...... 60.00 July 1, 2004 27 Parts: 86 (86.1–86.599–99) ...... (869–052–00153–8) ...... 58.00 July 1, 2004 1–199 ...... (869–052–00099–0) ...... 64.00 Apr. 1, 2004 86 (86.600–1–End) ...... (869–052–00154–6) ...... 50.00 July 1, 2004 200–End ...... (869–052–00100–7) ...... 21.00 Apr. 1, 2004 87–99 ...... (869–052–00155–4) ...... 60.00 July 1, 2004 28 Parts: ...... 100–135 ...... (869–052–00156–2) ...... 45.00 July 1, 2004 0–42 ...... (869–052–00101–5) ...... 61.00 July 1, 2004 136–149 ...... (869–052–00157–1) ...... 61.00 July 1, 2004 43–End ...... (869–052–00102–3) ...... 60.00 July 1, 2004 150–189 ...... (869–052–00158–9) ...... 50.00 July 1, 2004 ...... 29 Parts: 190–259 (869–052–00159–7) 39.00 July 1, 2004 260–265 ...... (869–052–00160–1) ...... 50.00 July 1, 2004 0–99 ...... (869–052–00103–1) ...... 50.00 July 1, 2004 266–299 ...... (869–052–00161–9) ...... 50.00 July 1, 2004 100–499 ...... (869–052–00104–0) ...... 23.00 July 1, 2004 300–399 ...... (869–052–00162–7) ...... 42.00 July 1, 2004 500–899 ...... (869–052–00105–8) ...... 61.00 July 1, 2004 400–424 ...... (869–052–00163–5) ...... 56.00 8July 1, 2004 900–1899 ...... (869–052–00106–6) ...... 36.00 July 1, 2004 425–699 ...... (869–052–00164–3) ...... 61.00 July 1, 2004 1900–1910 (§§ 1900 to 700–789 ...... (869–052–00165–1) ...... 61.00 July 1, 2004 1910.999) ...... (869–052–00107–4) ...... 61.00 July 1, 2004 790–End ...... (869–052–00166–0) ...... 61.00 July 1, 2004 1910 (§§ 1910.1000 to end) ...... (869–052–00108–2) ...... 46.00 8July 1, 2004 41 Chapters: 1911–1925 ...... (869–052–00109–1) ...... 30.00 July 1, 2004 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 1926 ...... (869–052–00110–4) ...... 50.00 July 1, 2004 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 1927–End ...... (869–052–00111–2) ...... 62.00 July 1, 2004 3–6 ...... 14.00 3 July 1, 1984 7 ...... 6.00 3 July 1, 1984 30 Parts: 8 ...... 4.50 3 July 1, 1984 1–199 ...... (869–052–00112–1) ...... 57.00 July 1, 2004 9 ...... 13.00 3 July 1, 1984 200–699 ...... (869–052–00113–9) ...... 50.00 July 1, 2004 10–17 ...... 9.50 3 July 1, 1984 700–End ...... (869–052–00114–7) ...... 58.00 July 1, 2004 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 31 Parts: 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 0–199 ...... (869–052–00115–5) ...... 41.00 July 1, 2004 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 200–End ...... (869–052–00116–3) ...... 65.00 July 1, 2004 19–100 ...... 13.00 3 July 1, 1984 1–100 ...... (869–052–00167–8) ...... 24.00 July 1, 2004 32 Parts: ...... 2 101 (869–052–00168–6) 21.00 July 1, 2004 1–39, Vol. I ...... 15.00 July 1, 1984 102–200 ...... (869–052–00169–4) ...... 56.00 July 1, 2004 2 1–39, Vol. II ...... 19.00 July 1, 1984 201–End ...... (869–052–00170–8) ...... 24.00 July 1, 2004 1–39, Vol. III ...... 18.00 2 July 1, 1984 1–190 ...... (869–052–00117–1) ...... 61.00 July 1, 2004 42 Parts: 191–399 ...... (869–052–00118–0) ...... 63.00 July 1, 2004 1–399 ...... (869–052–00171–6) ...... 61.00 Oct. 1, 2004 400–629 ...... (869–052–00119–8) ...... 50.00 8July 1, 2004 400–429 ...... (869–052–00172–4) ...... 63.00 Oct. 1, 2004 630–699 ...... (869–052–00120–1) ...... 37.00 7July 1, 2004 430–End ...... (869–052–00173–2) ...... 64.00 Oct. 1, 2004 700–799 ...... (869–052–00121–0) ...... 46.00 July 1, 2004 43 Parts: 800–End ...... (869–052–00122–8) ...... 47.00 July 1, 2004 1–999 ...... (869–052–00174–1) ...... 56.00 Oct. 1, 2004 33 Parts: 1000–end ...... (869–052–00175–9) ...... 62.00 Oct. 1, 2004 1–124 ...... (869–052–00123–6) ...... 57.00 July 1, 2004 44 ...... (869–052–00176–7) ...... 50.00 Oct. 1, 2004 125–199 ...... (869–052–00124–4) ...... 61.00 July 1, 2004 200–End ...... (869–052–00125–2) ...... 57.00 July 1, 2004 45 Parts: 1–199 ...... (869–052–00177–5) ...... 60.00 Oct. 1, 2004 34 Parts: 200–499 ...... (869–052–00178–3) ...... 34.00 Oct. 1, 2004 1–299 ...... (869–052–00126–1) ...... 50.00 July 1, 2004 500–1199 ...... (869–052–00179–1) ...... 56.00 Oct. 1, 2004 300–399 ...... (869–052–00127–9) ...... 40.00 July 1, 2004 1200–End ...... (869–052–00180–5) ...... 61.00 Oct. 1, 2004 400–End ...... (869–052–00128–7) ...... 61.00 July 1, 2004 46 Parts: 35 ...... (869–052–00129–5) ...... 10.00 6July 1, 2004 1–40 ...... (869–052–00181–3) ...... 46.00 Oct. 1, 2004 36 Parts 41–69 ...... (869–052–00182–1) ...... 39.00 Oct. 1, 2004 1–199 ...... (869–052–00130–9) ...... 37.00 July 1, 2004 70–89 ...... (869–052–00183–0) ...... 14.00 Oct. 1, 2004 200–299 ...... (869–052–00131–7) ...... 37.00 July 1, 2004 90–139 ...... (869–052–00184–8) ...... 44.00 Oct. 1, 2004 300–End ...... (869–052–00132–5) ...... 61.00 July 1, 2004 140–155 ...... (869–052–00185–6) ...... 25.00 Oct. 1, 2004 156–165 ...... (869–052–00186–4) ...... 34.00 Oct. 1, 2004 37 ...... (869–052–00133–3) ...... 58.00 July 1, 2004 166–199 ...... (869–052–00187–2) ...... 46.00 Oct. 1, 2004 38 Parts: 200–499 ...... (869–052–00188–1) ...... 40.00 Oct. 1, 2004 0–17 ...... (869–052–00134–1) ...... 60.00 July 1, 2004 500–End ...... (869–052–00189–9) ...... 25.00 Oct. 1, 2004 18–End ...... (869–052–00135–0) ...... 62.00 July 1, 2004 47 Parts: 39 ...... (869–052–00136–8) ...... 42.00 July 1, 2004 0–19 ...... (869–052–00190–2) ...... 61.00 Oct. 1, 2004 20–39 ...... (869–052–00191–1) ...... 46.00 Oct. 1, 2004 40 Parts: 40–69 ...... (869–052–00192–9) ...... 40.00 Oct. 1, 2004 1–49 ...... (869–052–00137–6) ...... 60.00 July 1, 2004 70–79 ...... (869–052–00193–8) ...... 63.00 Oct. 1, 2004 50–51 ...... (869–052–00138–4) ...... 45.00 July 1, 2004 *80–End ...... (869–052–00194–5) ...... 61.00 Oct. 1, 2004 52 (52.01–52.1018) ...... (869–052–00139–2) ...... 60.00 July 1, 2004 52 (52.1019–End) ...... (869–052–00140–6) ...... 61.00 July 1, 2004 48 Chapters: 53–59 ...... (869–052–00141–4) ...... 31.00 July 1, 2004 1 (Parts 1–51) ...... (869–052–00195–3) ...... 63.00 Oct. 1, 2004 60 (60.1–End) ...... (869–052–00142–2) ...... 58.00 July 1, 2004 1 (Parts 52–99) ...... (869–052–00196–1) ...... 49.00 Oct. 1, 2004 60 (Apps) ...... (869–052–00143–1) ...... 57.00 July 1, 2004 2 (Parts 201–299) ...... (869–052–00197–0) ...... 50.00 Oct. 1, 2004 61–62 ...... (869–052–00144–9) ...... 45.00 July 1, 2004 3–6 ...... (869–052–00198–8) ...... 34.00 Oct. 1, 2004 63 (63.1–63.599) ...... (869–052–00145–7) ...... 58.00 July 1, 2004 7–14 ...... (869–052–00199–6) ...... 56.00 Oct. 1, 2004 63 (63.600–63.1199) ...... (869–052–00146–5) ...... 50.00 July 1, 2004 15–28 ...... (869–052–00200–3) ...... 47.00 Oct. 1, 2004 63 (63.1200–63.1439) .... (869–052–00147–3) ...... 50.00 July 1, 2004 29–End ...... (869–052–00201–1) ...... 47.00 Oct. 1, 2004 63 (63.1440–63.8830) .... (869–052–00148–1) ...... 64.00 July 1, 2004 49 Parts: 63 (63.8980–End) ...... (869–052–00149–0) ...... 35.00 July 1, 2004 1–99 ...... (869–052–00202–0) ...... 60.00 Oct. 1, 2004
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Title Stock Number Price Revision Date 100–185 ...... (869–052–00203–8) ...... 63.00 Oct. 1, 2004 186–199 ...... (869–052–00204–6) ...... 23.00 Oct. 1, 2004 200–399 ...... (869–052–00205–4) ...... 64.00 Oct. 1, 2004 400–599 ...... (869–052–00206–2) ...... 64.00 Oct. 1, 2004 600–999 ...... (869–052–00207–1) ...... 19.00 Oct. 1, 2004 1000–1199 ...... (869–052–00208–9) ...... 28.00 Oct. 1, 2004 1200–End ...... (869–052–00209–7) ...... 34.00 Oct. 1, 2004 50 Parts: 1–16 ...... (869–052–00210–1) ...... 11.00 Oct. 1, 2004 *17.1–17.95 ...... (869–052–00211–9) ...... 64.00 Oct. 1, 2004 17.96–17.99(h) ...... (869–052–00212–7) ...... 61.00 Oct. 1, 2004 17.99(i)–end and 17.100–end ...... (869–052–00213–5) ...... 47.00 Oct. 1, 2004 18–199 ...... (869–052–00214–3) ...... 50.00 Oct. 1, 2004 200–599 ...... (869–052–00215–1) ...... 45.00 Oct. 1, 2004 600–End ...... (869–052–00216–0) ...... 62.00 Oct. 1, 2004 CFR Index and Findings Aids ...... (869–052–00049–3) ...... 62.00 Jan. 1, 2004 Complete 2005 CFR set ...... 1,342.00 2005 Microfiche CFR Edition: Subscription (mailed as issued) ...... 325.00 2005 Individual copies ...... 4.00 2005 Complete set (one-time mailing) ...... 325.00 2004 Complete set (one-time mailing) ...... 298.00 2003 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period January 1, 2003, through January 1, 2004. The CFR volume issued as of January 1, 2002 should be retained. 5 No amendments to this volume were promulgated during the period April 1, 2000, through April 1, 2004. The CFR volume issued as of April 1, 2000 should be retained. 6 No amendments to this volume were promulgated during the period July 1, 2000, through July 1, 2004. The CFR volume issued as of July 1, 2000 should be retained. 7 No amendments to this volume were promulgated during the period July 1, 2002, through July 1, 2004. The CFR volume issued as of July 1, 2002 should be retained. 8 No amendments to this volume were promulgated during the period July 1, 2003, through July 1, 2004. The CFR volume issued as of July 1, 2003 should be retained.
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