2–10–05 Thursday Vol. 70 No. 27 Feb. 10, 2005
Pages 6995–7164
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i II Federal Register / Vol. 70, No. 27 / Thursday, February 10, 2005
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Contents Federal Register Vol. 70, No. 27
Thursday, February 10, 2005
Agricultural Marketing Service Disability Employment Policy Office RULES NOTICES Beef promotion and research, 7004–7007 New Freedom Initiative Award; nomination solicitation, Sweet cherries grown in— 7145–7147 Washington, 6999–7002 Walnuts grown in— Education Department California, 7002–7004 NOTICES Agency information collection activities; proposals, Agriculture Department submissions, and approvals, 7084–7085 Grants and cooperative agreements; availability, etc.: See Agricultural Marketing Service Vocational and adult education— See Animal and Plant Health Inspection Service Tech-Prep Demonstration Program; requirements and See Commodity Credit Corporation proposed selection criteria, 7085–7088 See Forest Service Reports and guidance documents; availability, etc.: Electronic submission of grant applications; policy Animal and Plant Health Inspection Service statement, 7088–7089 RULES Plant-related quarantine, foreign: Energy Department Mexican Hass avocados; correction, 6999 See Federal Energy Regulatory Commission
Antitrust Division Environmental Protection Agency RULES NOTICES Competitive impact statements and proposed consent Air quality implementation plans; approval and judgments: promulgation; various States: Eastern Mushroom Marketing Cooperative, Inc., 7120– Arizona, 7038–7041 7127 Texas, 7041–7044 West Virginia, 7024–7038 Pesticides; emergency exemptions, etc. Centers for Disease Control and Prevention Removal of expired time-limited tolerances for emergency NOTICES exemptions, 7044–7047 Agency information collection activities; proposals, PROPOSED RULES submissions, and approvals, 7112–7113 Air quality implementation plans; approval and Meetings: promulgation; various States; air quality planning Disease, Disability, and Injury Prevention and Control purposes; designation of areas: Special Emphasis Panel, 7113–7114 Kansas and Missouri, 7070–7071 Healthcare Infection Control Practices Advisory Air quality implementation plans; approval and Committee, 7114 promulgation; various States: National Institute for Occupational Safety and Health— Arizona, 7069 Safety and Occupational Health Study Section, 7114 Texas, 7069–7070 NOTICES Coast Guard Meetings: RULES Childrens Health Protection Advisory Committee, 7102– Drawbridge operations: 7103 New York, 7024 Pesticide petition to establish tolerance for pesticide PROPOSED RULES chemical in or on food: Port access routes: Alkyl ether amine dicarboxyethyl sodium, 7103–7108 Portland, ME and Casco Bay, 7067–7069 Superfund; response and remedial actions, proposed Ports and waterways safety: settlements, etc.: HOVENSA refinery, St. Croix, Virgin Islands; security Carolina Steel Drum Site, SC, 7108 zone, 7065–7067 NOTICES Executive Office of the President Deepwater ports; license applications: See Presidential Documents Gulf Landing LLC, 7115 Federal Aviation Administration RULES Commerce Department Airworthiness directives: See International Trade Administration Bell Helicopter Textron Canada, 7016–7017 See National Oceanic and Atmospheric Administration Raytheon Aircraft Co., 7017–7019 See Patent and Trademark Office Rolls-Royce Deutschland Ltd. & Co. KG, 7014–7016 Class E airspace, 7020–7022 Commodity Credit Corporation PROPOSED RULES RULES Airworthiness directives: Tobacco Transition Assessments, 7007–7014 Agusta S.p.A., 7057–7059
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Boeing, 7052–7056 Meetings: Eurocopter France, 7056–7057, Resource Advisory Committees— MD Helicopters, Inc., 7063–7065 Madera County, CA, 7080–7081 NOTICES Agency information collection activities; proposals, Health and Human Services Department submissions, and approvals, 7139 See Centers for Disease Control and Prevention Committees; establishment, renewal, termination, etc.: NOTICES National Parks Overflights Advisory Group, 7139–7140 Meetings: Passenger facility charges; applications, etc.: Bioethics, President’s Council, 7111–7112 Mid Delta Regional Airport, MS, 7140 Homeland Security Department Federal Communications Commission See Coast Guard NOTICES See Transportation Security Administration Meetings; Sunshine Act, 7108–7109 Interior Department Federal Election Commission See Land Management Bureau NOTICES Price increases for expenditure and contribution limits, International Trade Administration 7109–7111 NOTICES Antidumping and countervailing duties: Federal Energy Regulatory Commission Administrative review requests; correction, 7143 NOTICES Judicial Conference of the United States Complaints filed: Con Edison Energy, Inc., et al., 7095–7096 NOTICES Connecticut Department of Public Utility Control, 7096 Meetings: Dockets: Judicial Conference Advisory Committee on— eLibrary new docket query service, 7096 Rules of Civil Procedure, 7119 Electric rate and corporate regulation filings, 7096–7100 Justice Department Environmental statements; availability, etc.: California Department of Water Resources, 7100 See Antitrust Division NOTICES Hydroelectric applications, 7101–7102 Pollution control; consent judgments: Meetings: Armstrong World Industries, Inc., et al., 7119–7120 Electronic service initiative eFiling system ConocoPhillips Co., 7120 demonstration, 7102 Applications, hearings, determinations, etc.: Labor Department Algonquin Gas Transmission, LLC, 7089 See Disability Employment Policy Office Brazos River Authority, 7090 Dominion Transmission, Inc., 7090–7091 Land Management Bureau East Tennessee Natural Gas, LLC, 7091 NOTICES El Paso Natural Gas Co., 7091–7092 Meetings: Gas Transmission Northwest Corp., 7092 Resource Advisory Councils— Augusta, GA; city of, 7089–7090 Eastern Montana, 7116 Kern River Gas Transmission Co., 7093 Oil and gas leases: LSP-Cottage Grove, L.P. et al., 7093–7094 Wyoming, 7116 National Fuel Gas Supply Corp., 7094 Realty actions; sales, leases, etc.: Northern Natural Gas Co., 7094–7095 New Mexico, 7116–7117 TransColorado Gas Transmission Co., 7095 Recreation management restrictions, etc.: Butte Field Office-administered recreational lands, MT; Federal Highway Administration final supplementary rules, 7117–7119 NOTICES Environmental statements; notice of intent: Maritime Administration Clark County, NV, 7140–7141 NOTICES Approval of underwriters for marine hull insurance: Federal Railroad Administration Axis Specialty Ltd., et al., 7141 RULES Deepwater ports; license applications: Railroad workplace safety: Gulf Landing LLC, 7115 Working over or adjacent to water, 7047–7050 National Oceanic and Atmospheric Administration Forest Service RULES NOTICES Fishery conservation and management: Environmental statements; notice of intent: Northeastern United States fisheries— Plumas National Forest, CA, 7074–7077 Yellowtail flounder, 7050–7051 Shasta-Trinity National Forest, CA, 7077–7078 West Coast States and Western Pacific fisheries— Grants and cooperative agreements; availability, etc.: Highly migratory species, 7022–7024 Request for forest product projects that increase the NOTICES woody biomass from national forest lands, 7078– Meetings: 7080 Pacific Fishery Management Council, 7081
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Permits: Surface Transportation Board Endangered and threatened species, 7081–7082 NOTICES Marine mammals, 7082–7083 Railroad operation, acquisition, construction, etc.: Burlington Northern & Santa Fe Railway Co., 7141–7142 Nuclear Regulatory Commission Transportation Department NOTICES Applications, hearings, determinations, etc.: See Federal Aviation Administration Hydro Resources, Inc., 7127 See Federal Highway Administration See Federal Railroad Administration See Maritime Administration Patent and Trademark Office See Research and Special Programs Administration NOTICES See Surface Transportation Board Agency information collection activities; proposals, submissions, and approvals, 7083–7084 Transportation Security Administration RULES Presidential Documents Civil aviation security: PROCLAMATIONS Enhanced security procedures for certain airports’ Special observances: operations in the Washington, DC metropolitan area National African American History Month (Proc. 7868), flight restricted zone, 7149–7163 6995 NOTICES National Consumer Protection Week (Proc. 7869), 6997– Agency information collection activities; proposals, 6998 submissions, and approvals, 7115–7116 Utah Reclamation Mitigation and Conservation Research and Special Programs Administration Commission PROPOSED RULES NOTICES Hazardous materials: Environmental statements; availability, etc.: Transportation— Diamond Fork Canyon, UT, 7142 External product piping on cargo tanks transporting Environmental statements; record of decision: flammable liquids; safety requirements; extension Utah Lake Drainage Basin Water Delivery System, 7142 of comment period, 7072–7073
Securities and Exchange Commission Separate Parts In This Issue NOTICES Agency information collection activities; proposals, Part II submissions, and approvals, 7127–7128 Labor Department, Disability Employment Policy Office, Investment Company Act of 1940: 7145–7147 New York Health Care, Inc., 7128–7129 Self-regulatory organizations; proposed rule changes: Part III American Stock Exchange LLC, 7129–7132 Homeland Security Department, Transportation Security New York Stock Exchange, Inc.; correction, 7143 Administration, 7149–7163
State Department NOTICES Reader Aids Art objects; importation for exhibition: Consult the Reader Aids section at the end of this issue for The Power of Conversation: Jewish Women and Their phone numbers, online resources, finding aids, reminders, Salons, 7132 and notice of recently enacted public laws. Art objects; importation for exhibition: To subscribe to the Federal Register Table of Contents Thomas Demand, 7132–7133 LISTSERV electronic mailing list, go to http:// Grants and cooperative agreements; availability, etc.: listserv.access.gpo.gov and select Online mailing list Exchanges between high school students from Muslim archives, FEDREGTOC-L, Join or leave the list (or change countries and people of the United States, 7133–7139 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: 7868...... 6995 7869...... 6997 7 CFR 319...... 6999 923...... 6999 984...... 7002 1260...... 7004 1463...... 7007 14 CFR 39 (3 documents) ...7014, 7016, 7017 71 (2 documents) ....7020, 7021 Proposed Rules: 39 (6 documents) ...7052, 7056, 7057, 7059, 7061, 7063 15 CFR 902...... 7022 33 CFR 117...... 7024 Proposed Rules: 165...... 7065 167...... 7067 40 CFR 52 (3 documents) ...7024, 7038, 7041 180...... 7044 Proposed Rules: 52 (2 documents) ...... 7069 81...... 7081 49 CFR 214...... 7047 1562...... 7150 Proposed Rules: 173...... 7072 50 CFR 648...... 7050 660...... 7022
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Federal Register Presidential Documents Vol. 70, No. 27
Thursday, February 10, 2005
Title 3— Proclamation 7868 of February 7, 2005
The President National African American History Month, 2005
By the President of the United States of America
A Proclamation Throughout our Nation’s history, the contributions of African Americans have stirred our Nation’s conscience and helped shape our character. During National African American History Month, we honor the determination and commitment of generations of African Americans in pursuing the promises of America. The theme of National African American History Month this year, ‘‘The Niagara Movement: Black Protest Reborn, 1905–2005,’’ honors the grassroots movement of 1905 to 1910 that was organized to fight racial discrimination in America. Led by W.E.B. DuBois, the movement called for voting rights for African Americans, opposed school segregation, and worked to elect officials committed to fighting racial prejudice. Americans today carry on this movement as our Nation strives to live up to our founding principle that all of God’s children are created equal. It is important to teach our children about the heroes of the civil rights movement who, with courage and dignity, forced America to confront the central defect of our founding. Every American should know about the men and women whose determination and persistent eloquence forced people of all races to examine their hearts and revise our Nation’s Constitution and laws. As we celebrate African American History Month, we remember how great the struggle for racial justice has been. And we renew our efforts to fight for equal rights for all Americans. We have made great progress, but our work is not done. 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 2005 as National African American History Month. I call upon public officials, educators, librarians, and all the people of the United States to observe this month with appropriate programs and activities that honor the history, accomplish- ments, and contributions of African Americans. IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of February, in the year of our Lord two thousand five, and of the Independ- ence of the United States of America the two hundred and twenty-ninth. W [FR Doc. 05–2729 Filed 2–9–05; 8:45 am] Billing code 3195–01–P
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Proclamation 7869 of February 7, 2005
National Consumer Protection Week, 2005
By the President of the United States of America
A Proclamation
This year’s National Consumer Protection Week focuses on the impact and problems caused by identity theft and on the steps Government is taking to safeguard personal information. Today, many Americans reveal personal information when making purchases, borrowing money, or opening a bank or credit card account. This information makes it convenient to conduct routine transactions, but consumers must take precautions to protect their names, addresses, phone numbers, Social Security numbers, and account numbers against fraud and theft. As one of the highest impact financial crimes in our Nation, identity theft can undermine the basic trust on which our economy depends. Millions of Americans have had their identity stolen, costing them and our country’s businesses billions of dollars. Identity theft can shake consumers’ confidence, destroy a person’s financial reputation, and damage lifelong efforts to build and maintain a good credit rating. We are acting to protect citizens from these crimes and the grief and problems they cause. During the last 2 years, I have signed the Fair and Accurate Credit Transactions Act of 2003, which makes it easier for consumers to detect and protect themselves from fraud, and the Identity Theft Penalty Enhancement Act, which strengthens the penalties for identity theft. The U.S. Postal Inspection Service, the Federal Bureau of Investigation, and the United States Secret Service are working with State and local officials to stop the criminal networks responsible for much of the identity theft in America. The Federal Trade Commission also trains local law enforcement in detecting and investigating identity theft, and they have set up the Identity Theft Data Clearinghouse, which tracks complaints across the country and provides these records to prosecutors seeking to shut down those who steal our citizens’ good names. Consumers can learn to prevent identity theft by visiting the National Con- sumer Protection Week website, www.consumer.gov/ncpw. Working together, we can reduce this growing problem and protect the financial security of our citizens 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 6 through February 12, 2005, as National Consumer Protection Week. I call upon government officials, industry leaders, and consumer advocates to provide citizens with information about identity theft and how they can be respon- sible consumers, and I encourage all citizens to take an active role in protecting their personal information.
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IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of February, in the year of our Lord two thousand five, and of the Independ- ence of the United States of America the two hundred and twenty-ninth. W
[FR Doc. 05–2730 Filed 2–9–05; 8:45 am] Billing code 3195–01–P
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Rules and Regulations Federal Register Vol. 70, No. 27
Thursday, February 10, 2005
This section of the FEDERAL REGISTER In the rule portion of the final rule, it sweet cherry marketing order. This rule contains regulatory documents having general was our intention to amend paragraph was recommended by the Washington applicability and legal effect, most of which (a) of § 319.56–2ff by revising paragraph Cherry Marketing Committee are keyed to and codified in the Code of (a)(2) and by removing paragraph (a)(3). (Committee), the agency responsible for Federal Regulations, which is published under These changes were discussed in the local administration of the marketing 50 titles pursuant to 44 U.S.C. 1510. SUPPLEMENTARY INFORMATION section of order. Previously, only the Rainier The Code of Federal Regulations is sold by the final rule, and the text of revised variety of lightly colored sweet cherries the Superintendent of Documents. Prices of (a)(2) was presented in the rule portion met these requirements. This rule is new books are listed in the first FEDERAL of the final rule along with the other intended to enhance the quality and REGISTER issue of each week. changes made to § 319.56–2ff. However, image of all lightly colored sweet cherry we inadvertently failed to include a varieties shipped to the fresh market, specific amendatory instruction thereby increasing sales and improving DEPARTMENT OF AGRICULTURE directing the revision of paragraph (a)(2) returns to producers. and the removal of paragraph (a)(3). EFFECTIVE DATE: April 1, 2005. Animal and Plant Health Inspection This document corrects that error. Service FOR FURTHER INFORMATION CONTACT: PART 319—[CORRECTED] Teresa L. Hutchinson, Marketing 7 CFR Part 319 Specialist, Northwest Marketing Field I In FR Doc. 04–26336, published on Office, Marketing Order Administration [Docket No. 03–022–6] November 30, 2004 (69 FR 69747– Branch, Fruit and Vegetable Programs, RIN 0579–AB81 69774), make the following correction: AMS, USDA, 1220 SW., Third Avenue, Suite 385, Portland, OR 97204; Mexican Hass Avocado Import § 319.56–2ff [Corrected] telephone: (503) 326–2724; Fax: (503) Program I 1. On page 69773, in the amendments 326–7440; or George J. Kelhart, to 7 CFR part 319, in instruction 3 for AGENCY: Animal and Plant Health Technical Advisor, Marketing Order § 319.56–2ff, an instruction h. is added to Inspection Service, USDA. Administration Branch, Fruit and read as follows: Vegetable Programs, AMS, USDA, 1400 ACTION: Final rule; correction. I h. By revising paragraph (a)(2) to read Independence Avenue, SW., STOP SUMMARY: We are correcting an error in as set forth below and removing 0237, Washington, DC 20250–0237; the rule portion of our final rule paragraph (a)(3). telephone: (202) 720–2491; Fax: (202) amending the fruits and vegetables Done in Washington, DC, this 7th day of 720–8938. regulations to expand the number of February 2005. Small businesses may request States in which fresh Hass avocado fruit Elizabeth E. Gaston, information on complying with this grown in approved orchards in Acting Administrator, Animal and Plant regulation by contacting Jay Guerber, approved municipalities in Michoacan, Health Inspection Service. Marketing Order Administration Mexico, may be distributed and to allow [FR Doc. 05–2668 Filed 2–9–05; 8:45 am] Branch, Fruit and Vegetable Programs, the distribution of the avocados during BILLING CODE 3410–34–P AMS, USDA, 1400 Independence all months of the year. The final rule Avenue, SW., STOP 0237, Washington, was published in the Federal Register DC 20250–0237; telephone: (202) 720– on November 30, 2004 (69 FR 69747– DEPARTMENT OF AGRICULTURE 2491, Fax: (202) 720–8938, or e-mail: 69774, Docket No. 03–022–5), and [email protected]. Agricultural Marketing Service became effective on January 31, 2005. SUPPLEMENTARY INFORMATION: This final EFFECTIVE DATE: January 31, 2005. 7 CFR Part 923 rule is issued under Marketing FOR FURTHER INFORMATION CONTACT: Ms. Agreement and Order No. 923 (7 CFR Karen Bedigian, Import Specialist, [Docket No. FV04–923–1 FR] part 923) regulating the handling of Phytosanitary Issues Management Team, sweet cherries grown in designated PPQ, APHIS, 4700 River Road Unit 140, Sweet Cherries Grown in Designated counties in Washington, hereinafter Riverdale, MD 20737–1236; (301) 734– Counties in Washington; referred to as the ‘‘order.’’ The order is 6799. Establishment of Minimum Size and effective under the Agricultural Maturity Requirements for Lightly SUPPLEMENTARY INFORMATION: In a final Marketing Agreement Act of 1937, as rule published in the Federal Register Colored Sweet Cherry Varieties amended (7 U.S.C. 601–674), hereinafter on November 30, 2004 (69 FR 69747– AGENCY: Agricultural Marketing Service, referred to as the ‘‘Act.’’ 69774, Docket No. 03–022–5), and USDA. The Department of Agriculture effective on January 31, 2005, we ACTION: Final rule. (USDA) is issuing this rule in amended the fruits and vegetable conformance with Executive Order regulations in 7 CFR part 319 to expand SUMMARY: This rule establishes a 12866. the number of States in which fresh minimum size requirement of 11-row This final rule has been reviewed Hass avocado fruit grown in approved size (61⁄64-inch diameter) and a under Executive Order 12988, Civil orchards in approved municipalities in minimum maturity requirement of 17 Justice Reform. This rule is not intended Michoacan, Mexico, may be distributed percent soluble solids for all lightly to have retroactive effect. This rule will and to allow the distribution of the colored sweet cherry varieties shipped not preempt any State or local laws, avocados during all months of the year. to fresh markets under the Washington regulations, or policies, unless they
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present an irreconcilable conflict with for the fresh market is more labor identical to those in effect for Rainier this rule. intensive and costly than producing cherries and comparable to those in The Act provides that administrative dark colored varieties. Trees that effect for dark colored sweet cherry proceedings must be exhausted before produce lightly colored sweet cherries varieties. parties may file suit in court. Under need to be pruned more heavily than the Section 923.322 is also revised to section 608c(15)(A) of the Act, any trees that produce dark colored sweet include a requirement that any lot of handler subject to an order may file cherries to ensure acceptable size fruit. lightly colored sweet cherries must with USDA a petition stating that the The lightly colored sweet varieties are contain a minimum of 17 percent order, any provision of the order, or any fragile and susceptible to damage during soluble solids. The percentage of soluble obligation imposed in connection with handling with most lightly colored solids will be determined by using a the order is not in accordance with law sweet cherries being sorted and packed refractometer to measure the sugar level and request a modification of the order by hand. Producers need to offer a in a composite sample of cherries. This or to be exempted therefrom. Such quality product in order to recoup the maturity test can be taken prior to handler is afforded the opportunity for higher production costs. The sale of packing, at the time of packing, or at a hearing on the petition. After the small, immature or poor quality cherries time of shipment, provided that hearing USDA would rule on the results in buyer dissatisfaction, which individual lots shall not be combined petition. The Act provides that the reduces repeat purchases and damages with other lots to meet soluble solids district court of the United States in any the market for all lightly colored sweet requirements. district in which the handler is an cherries. This rule also changes the heading of inhabitant, or has his or her principal Supporters of the recommendation § 923.322 from ‘‘Washington Cherry place of business, has jurisdiction to believe that the requirements currently Regulation 22’’ to ‘‘Washington Cherry review USDA’s ruling on the petition, in place for Rainier variety cherries (59 Handling Regulation’’ to more provided an action is filed not later than FR 31917, June 21, 1994) have benefited accurately describe the requirements 20 days after the date of the entry of the producers. Concern was also expressed contained therein. ruling. that the non-regulation of new varieties Final Regulatory Flexibility Analysis This final rule establishes a minimum of lightly colored sweet cherries would size requirement of 11-row size (61⁄64- have an adverse effect in the future on Pursuant to requirements set forth in inch diameter) and a minimum maturity the marketing of Rainier variety cherries the Regulatory Flexibility Act (RFA), the requirement of 17 percent soluble solids if the newer varieties are not regulated Agricultural Marketing Service (AMS) for all lightly colored sweet cherry in the same manner. It is difficult to has considered the economic impact of varieties shipped to fresh markets. distinguish between the different this rule on small entities. Accordingly, Previously, Rainier variety cherries were varieties of lightly colored cherries and AMS has prepared this final regulatory the only lightly colored sweet cherries this can result in confusion in the flexibility analysis. under these requirements. This rule marketplace. The purpose of the RFA is to fit establishes the same requirements for all Those opposed to the regulatory actions to the scale of other varieties of lightly colored sweet recommendation believe that the business subject to such actions in order cherries as are established for Rainier tonnage of the newer lightly colored that small businesses will not be unduly variety cherries. sweet cherry varieties is not enough to or disproportionately burdened. Section 923.52 of the order authorizes impact the Rainier market at this time. Marketing orders issued pursuant to the the establishment of grade, size, quality, They believe that the regulation of all Act, and the rules issued thereunder, are maturity, pack, and container lightly colored sweet cherries will unique in that they are brought about regulations for any variety or varieties of reduce the volume of such cherries on through group action of essentially cherries grown in the production area. the market and reduce overall returns small entities acting on their own Section 923.53 further authorizes the on the crop. Some believe that the behalf. Thus, both statutes have small modification, suspension, or additional cost of inspection will entity orientation and compatibility. termination of regulations issued under increase costs with little added return to There are approximately 1,800 § 923.52. Section 923.55 provides that the producer. producers of sweet cherries grown in whenever cherries are regulated The Committee estimates that there designated counties in Washington. In pursuant to § 923.52 or § 923.53, such were less than 500 tons of lightly addition, there are approximately 69 cherries must be inspected by the colored sweet cherry varieties other handlers subject to regulation under the Federal-State Inspection Service, and than the Rainier variety marketed order. Small agricultural producers are certified as meeting the applicable during the 2004 marketing season. By defined by the Small Business requirements of such regulations. comparison, there were 8,080 tons Administration (13 CFR 121.201) as On May 18, 2004, the Committee (Committee records) of Rainier cherries those having annual receipts of less than recommended, by a nine to four vote, marketed from the production area in $750,000, and small agricultural service the establishment of a minimum size 2004. firms are defined as those whose annual requirement of 11-row size (61⁄64-inch This rule adds a new provision to receipts are less than $5,000,000. diameter) and a minimum maturity § 923.322 to establish a minimum size Based on a three-year (2001–2003) requirement of 17 percent soluble solids requirement of 61⁄64-inch in diameter for average fresh cherry production of for all lightly colored sweet cherry all lightly colored sweet cherries which 79,763 tons (Committee records), a varieties shipped to fresh markets under corresponds to the 11-row size. To three-year average producer price of the order. The Committee recommended provide for variances in packing, a $1,390 per ton as reported by the the requirement become effective on tolerance of 10 percent is provided for National Agricultural Statistics Service, April 1, 2005, which is the beginning of undersized lightly colored sweet USDA, and 1,800 Washington cherry the 2005–2006 marketing season. cherries. Further, the regulation producers, the average annual producer Supporters of the recommendation provides that not more than 5 percent of revenue is approximately $61,595. In believe that this regulation is in the best lightly colored sweet cherries in any lot addition, based on Committee records interests of producers and consumers. can be less than 57⁄64-inch in diameter, and an average 2003 f.o.b. price of Growing lightly colored sweet cherries or 111⁄2-row size. These tolerances are $28.00 per 20-pound container as
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reported by AMS Market News, Rainier and other lightly colored sweet 61⁄64-inch diameter and a 17 percent approximately 75 percent of the cherries, and Bings. soluble solids requirement for all Washington sweet cherry handlers ship The Committee discussed alternatives varieties of lightly colored cherries under $5,000,000 worth of cherries. to this rule, including not establishing a should help enhance their quality and Based on this information, the majority minimum size and maturity image. With such a minimum size and of Washington sweet cherry producers requirement. The general consensus of maturity, the Committee believes that and handlers may be classified as small the industry is that mandatory size and consumers will purchase more cherries, entities. quality requirements are needed to thereby increasing sales and improving This final rule establishes a minimum ensure product quality and to encourage returns to producers. size requirement of 11-row size (61⁄64- repeat purchases. Previous voluntary Accordingly, based on the comments inch diameter) and a minimum maturity standards for lightly colored sweet received, no changes will be made to the requirement of 17 percent soluble solids cherries such as Rainier variety cherries rule as proposed. for all lightly colored sweet cherry have not been successful. A small business guide on complying varieties shipped to fresh markets. This final rule will establish a with fruit, vegetable, and specialty crop Previously, Rainier variety cherries were minimum size requirement of 11-row marketing agreements and orders may the only lightly colored sweet cherries size (61⁄64-inch diameter) and a be viewed at: http://www.ama.usda.gov/ under these requirements. minimum maturity requirement of 17 fv/moab.html. Any questions about the Rainier and other lightly colored percent soluble solids for lightly colored compliance guide should be sent to Jay sweet cherry varieties are typically sweet cherry varieties shipped to fresh Guerber at the previously mentioned marketed from mid-June through July. markets. Accordingly, this action will address in the FOR FURTHER INFORMATION AMS Market News data shows that not impose any additional reporting or CONTACT section. prices are the highest for the earliest recordkeeping requirements on either After consideration of all relevant offerings of these cherries, and that such small or large sweet cherry handlers. As matter presented, including the prices decline as the season progresses. with all Federal marketing order information and recommendation In 2003, for example, the opening f.o.b. programs, reports and forms are submitted by the Committee, and other price on June 23 ranged from $45.00 to periodically reviewed to reduce available information, it is hereby found $45.50 per carton. This declined to information requirements and that this rule, as hereinafter set forth, $35.00 to $36.50 a week later, and f.o.b. duplications by industry and public will tend to effectuate the declared prices were $38.00 to $40.50 per carton sector agencies. policy of the Act. at season’s end for similar quality and As noted in the initial regulatory sizes. This price trend serves as an flexibility analysis, USDA has not List of Subjects in 7 CFR Part 923 incentive for producers to harvest early, identified any relevant Federal rules Cherries, Marketing agreements, which has resulted in immature and that duplicate, overlap or conflict with Reporting and recordkeeping poor quality lightly colored sweet this final rule. Further, the public requirements. cherries being marketed. comments received concerning the I The Committee reports that cherry proposal did not address the initial For the reasons set forth in the size and quality are important to buyers. regulatory flexibility analysis. preamble, 7 CFR part 923 is amended as Consistency and dependability are In addition, the Committee’s meeting follows: equally important. Shipments of was widely publicized throughout the PART 923—SWEET CHERRIES immature, low quality, under-sized Washington sweet cherry industry and GROWN IN DESIGNATED COUNTIES lightly colored sweet cherries in recent all interested persons were invited to IN WASHINGTON seasons have disappointed buyers and attend and participate in the consumers. This reduces repeat Committee’s deliberations on all issues. I 1. The authority citation for 7 CFR part purchases and results in declines in Like all Committee meetings, the May 923 continues to read as follows: prices and overall sales volumes. 18, 2004, meeting was a public meeting Authority: 7 U.S.C. 601–674. Cherry size is related to maturity and and all entities, both large and small, other quality factors. That is, larger were able to express views on this issue. I 2. In § 923.322, the section heading, sized cherries tend to be sweeter and of A proposed rule concerning this paragraphs (b) introductory text, (b)(1), higher overall quality. This is supported action was published in the Federal and (c) are revised to read as follows: by prices received for different sizes of Register on November 3, 2004 (69 FR Bing (dark colored) cherries. AMS 63958). Copies of the rule were mailed § 923.322 Washington cherry handling regulation. Market News data show that f.o.b. prices or sent via facsimile to all Committee for 12 row sized Bing cherries (54⁄64-inch members. Finally, the rule was made * * * * * diameter) averaged about $18.00 per available through the Internet by USDA (b) Size. No handler shall handle, carton in mid-June 2003. At the same and the Office of the Federal Register. A except as otherwise provided in this time, 101⁄2 row sized (1-inch diameter) 60-day comment period ending January section, any lot of cherries unless such Bing cherries were selling for $24.50 to 3, 2005, was provided to allow cherries meet the following minimum $26.50 per carton. This price interested persons to respond to the size requirements: relationship held steady throughout the proposal. (1) For the Rainier variety and similar season. Further, the Committee has Two comments were received during varieties commonly referred to as conducted research showing that larger the comment period in response to the ‘‘lightly colored sweet cherries,’’ at least sizes correlate with higher maturity proposal. One commenter opposed the 90 percent, by count, of the cherries in levels, and that larger sizes are preferred proposed requirements indicating that any lot shall measure not less than 61⁄64- by cherry consumers. While research regulation was overly restrictive. The inch in diameter and not more than 5 results and prices by size specifically for second commenter was of the view that percent, by count, may be less than 57⁄64- Rainier or other lightly colored sweet cherries should not be regulated by size inch in diameter. cherry varieties are currently at all. * * * * * unavailable, industry consensus is that We disagree with the commenters. (c) Maturity. No handler shall handle, the same relationships are true for Implementation of a minimum size of except as otherwise provided in this
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section, any lot of Rainier cherries or Telephone: (202) 720–2491, Fax: (202) years from $0.0101 to $0.0094 per other varieties of ‘‘lightly colored sweet 720–8938. kernelweight pound of assessable cherries’’ unless such cherries meet a Small businesses may request walnuts. minimum of 17 percent soluble solids as information on complying with this The order provides authority for the determined from a composite sample by regulation by contacting Jay Guerber, Board, with the approval of the USDA, refractometer prior to packing, at time of Marketing Order Administration to formulate an annual budget of packing, or at time of shipment: Branch, Fruit and Vegetable Programs, expenses and collect assessments from Provided, That individual lots shall not AMS, USDA, 1400 Independence handlers to administer the program. The be combined with other lots to meet Avenue SW., Stop 0237, Washington DC members of the Board are producers and soluble solids requirements. 20250–0237; Telephone: (202) 720– handlers of California walnuts. They are * * * * * 2491, Fax: (202) 720–8938, or E-mail: familiar with the Board’s needs and [email protected]. with the costs for goods and services in Dated: February 4, 2005. their local area and are thus in a SUPPLEMENTARY INFORMATION: This rule Kenneth C. Clayton, position to formulate an appropriate is issued under Marketing Agreement Acting Administrator, Agricultural Marketing budget and assessment rate. The and Order No. 984, both as amended (7 Service. assessment rate is formulated and CFR part 984), regulating the handling [FR Doc. 05–2545 Filed 2–9–05; 8:45 am] discussed in a public meeting. Thus, all of walnuts grown in California, BILLING CODE 3410–02–P directly affected persons have an hereinafter referred to as the ‘‘order.’’ opportunity to participate and provide The marketing agreement and order are input. DEPARTMENT OF AGRICULTURE effective under the Agricultural For the 2003–04 and subsequent Marketing Agreement Act of 1937, as marketing years, the Board Agricultural Marketing Service amended (7 U.S.C. 601–674), hereinafter recommended, and USDA approved, an referred to as the ‘‘Act.’’ assessment rate of $0.0101 per 7 CFR Part 984 USDA is issuing this rule in kernelweight pound of assessable conformance with Executive Order [Docket No. FV04–984–2 FIR] walnuts that would continue in effect 12866. from year to year unless modified, Walnuts Grown in California; This rule has been reviewed under suspended, or terminated by USDA Decreased Assessment Rate Executive Order 12988, Civil Justice upon recommendation and information Reform. Under the marketing order now submitted by the Board or other AGENCY: Agricultural Marketing Service, in effect, California walnut handlers are information available to USDA. USDA. subject to assessments. Funds to The Board met on September 10, ACTION: Final rule. administer the order are derived from 2004, and unanimously recommended such assessments. It is intended that the 2004–05 expenditures of $2,749,500 and SUMMARY: The Department of assessment rate as issued herein will be an assessment rate of $0.0094 per Agriculture (USDA) is adopting, as a applicable to all assessable walnuts kernelweight pound of assessable final rule, an interim final rule which beginning on August 1, 2004, and walnuts. In comparison, last year’s decreased the assessment rate continue until amended, suspended, or budgeted expenditures were $2,863,350. established for the Walnut Marketing terminated. This rule will not preempt The assessment rate of $0.0094 is Board (Board) for the 2004–05 and any State or local laws, regulations, or $0.0007 lower than the $0.0101 rate subsequent marketing years from policies, unless they present an previously in effect. The lower $0.0101 to $0.0094 per kernelweight irreconcilable conflict with this rule. assessment rate is necessary because pound of assessable walnuts. The Board The Act provides that administrative this year’s crop is estimated by the locally administers the marketing order proceedings must be exhausted before California Agricultural Statistics Service (order) which regulates the handling of parties may file suit in court. Under (CASS) to be 325,000 tons (292,500,000 walnuts grown in California. section 608c(15)(A) of the Act, any kernelweight pounds merchantable), Authorization to assess walnut handlers handler subject to an order may file and the budget is about 4 percent less enables the Board to incur expenses that with USDA a petition stating that the than last year’s budget. Sufficient are reasonable and necessary to order, any provision of the order, or any income should be generated at the lower administer the program. The marketing obligation imposed in connection with rate for the Board to meet its anticipated year began August 1 and ends July 31. the order is not in accordance with law expenses. The assessment rate will remain in and request a modification of the order Major categories in the budget effect indefinitely unless modified, or to be exempted therefrom. Such recommended by the Board for 2004–05 suspended, or terminated. handler is afforded the opportunity for include $2,037,500 for research and EFFECTIVE DATE: March 14, 2005. a hearing on the petition. After the marketing programs ($1,393,500 for FOR FURTHER INFORMATION CONTACT: Toni hearing USDA would rule on the market research and development, Sasselli, Program Analyst, or Kurt J. petition. The Act provides that the $550,000 for production research, and Kimmel, Regional Manager, California district court of the United States in any $94,000 to the California Agricultural Marketing Field Office, Marketing Order district in which the handler is an Statistics Service for a crop estimate), Administration Branch, Fruit and inhabitant, or has his or her principal $332,000 for employee expenses Vegetable Programs, AMS, USDA, 2202 place of business, has jurisdiction to (administrative and office salaries, Monterey Street, Suite 102B, Fresno, review USDA’s ruling on the petition, payroll taxes, workers compensation, California 93721; Telephone: (559) 487– provided an action is filed not later than and other employee benefits), $97,000 5901, Fax: (559) 487–5906; or George 20 days after the date of the entry of the for office expenses (rent, office supplies, Kelhart, Technical Advisor, Marketing ruling. telephone, fax, postage, printing, Order Administration Branch, Fruit and This rule continues in effect the equipment maintenance, and furniture), Vegetable Programs, AMS, USDA, 1400 action that decreased the assessment $96,000 for other operating expenses Independence Avenue SW., Stop 0237, rate established for the Board for the (management travel, field travel, Washington, DC 20250–0237; 2004–05 and subsequent marketing insurance, and financial audits), $5,000
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for controlled (compliance check) through group action of essentially audits), $5,000 for controlled purchases, $75,000 for a production small entities acting on their own (compliance check) purchases, $75,000 research director, and $107,000 as a behalf. Thus, both statutes have small for a production research director, and reserve for contingency. Budgeted entity orientation and compatibility. $107,000 as a reserve for contingency. expenses for these items in 2003–04 There are approximately 5,800 Budgeted expenses for these items in were $2,438,000, $334,625, $83,000, producers of walnuts in the production 2003–04 were $2,438,000, $334,625, $82,000, $5,000, $73,000, and $15,725, area and about 43 handlers subject to $83,000, $82,000, $5,000, $73,000, and respectively. regulation under the order. Small $15,725, respectively. The assessment rate recommended by agricultural producers are defined by Prior to arriving at this budget, the the Board was derived by dividing the Small Business Administration (13 Board considered information from anticipated expenses by expected CFR 121.201) as those having annual various sources, such as the Board’s shipments of California walnuts receipts of less than $750,000, and small Budget and Personnel Committee, certified as merchantable. Merchantable agricultural service firms are defined as Research Committee, and Marketing shipments for the year are estimated at those having annual receipts of less than Development Committee. Alternative 292,500,000 kernelweight pounds $5,000,000. expenditure levels were discussed by which should provide $2,749,500 in Current industry information shows these groups based upon the relative assessment income and allow the Board that 14 of the 43 handlers (32.5 percent) value of various research projects to the to cover its expenses. Unexpended shipped over $5,000,000 of walnut industry. The recommended funds may be used temporarily to defray merchantable walnuts and could be $0.0094 per kernelweight pound expenses of the subsequent marketing considered large handlers by the Small assessment rate was then determined by year, but must be made available to the Business Administration. Twenty-nine dividing the total recommended budget handlers from whom collected within 5 of the 43 walnut handlers (67.5 percent) by the 292,500,000 kernelweight pound months after the end of the year shipped under $5,000,000 of estimate of assessable walnuts for the according to § 984.69. merchantable walnuts and could be year. Unexpended funds may be used The assessment rate established in considered small handlers. An temporarily to defray expenses of the this rule will continue in effect estimated 58 walnut producers, or about subsequent marketing year, but must be indefinitely unless modified, 1 percent of the 5,800 total producers, made available to the handlers from suspended, or terminated by USDA would be considered large producers whom collected within 5 months after upon recommendation and other with annual incomes over $750,000. the end of the year according to information submitted by the Board or Based on the foregoing, it can be § 984.69. other available information. concluded that the majority of A review of historical information and Although this assessment rate is California walnut handlers and preliminary information pertaining to effective for an indefinite period, the producers may be classified as small the current marketing year indicates that Board will continue to meet prior to or entities. the grower price for 2004–05 could during each marketing year to This rule continues in effect the range between $0.50 and $0.70 per recommend a budget of expenses and action that decreased the assessment kernelweight pound of assessable consider recommendations for rate established for the Board and walnuts. Therefore, the estimated modification of the assessment rate. The collected from handlers for the 2004–05 assessment revenue for the 2004–05 dates and times of Board meetings are and subsequent marketing years from marketing year as a percentage of total available from the Board or USDA. $0.0101 to $0.0094 per kernelweight grower revenue could range between 1.3 Board meetings are open to the public pound of assessable walnuts. The Board and 1.9 percent. and interested persons may express unanimously recommended 2004–05 This action continues in effect the their views at these meetings. USDA expenditures of $2,749,500. The action that decreased the assessment will evaluate Board recommendations decreased assessment rate should obligation imposed on handlers. and other available information to generate sufficient income to meet the Assessments are applied uniformly on determine whether modification of the Board’s 2004–05 anticipated expenses. all handlers, and some of the costs may assessment rate is needed. Further The lower assessment rate is primarily be passed on to producers. However, rulemaking will be undertaken as due to a lower budget and based on an decreasing the assessment rate reduces necessary. The Board’s 2004–05 budget estimated crop of 325,000 tons for the the burden on handlers, and may reduce and those for subsequent marketing year (292,500,000 kernelweight pounds the burden on producers. In addition, years will be reviewed and, as estimated merchantable). the Board’s meeting was widely appropriate, approved by USDA. Major categories in the budget publicized throughout the walnut recommended by the Board for 2004–05 industry and all interested persons were Final Regulatory Flexibility Analysis include $2,037,500 for research and invited to attend the meeting and Pursuant to requirements set forth in marketing programs ($1,393,500 for participate in Board deliberations on all the Regulatory Flexibility Act (RFA), the market research and development, issues. Like all Board meetings, the Agricultural Marketing Service (AMS) $550,000 for production research, and September 10, 2004, meeting was a has considered the economic impact of $94,000 to the California Agricultural public meeting and all entities, both this rule on small entities. Accordingly, Statistics Service for a crop estimate), large and small, were able to express AMS has prepared this final regulatory $332,000 for employee expenses views on this issue. flexibility analysis. (administrative and office salaries, This action imposes no additional The purpose of the RFA is to fit payroll taxes, workers compensation, reporting or recordkeeping requirements regulatory actions to the scale of and other employees benefits), $97,000 on either small or large California business subject to such actions in order for office expenses (rent, office supplies, walnut handlers. As with all Federal that small businesses will not be unduly telephone, fax, postage, printing, marketing order programs, reports and or disproportionately burdened. equipment maintenance, and furniture), forms are periodically reviewed to Marketing orders issued pursuant to the $96,000 for other operating expenses reduce information requirements and Act, and the rules issued thereunder, are (management travel, field travel, Board duplication by industry and public unique in that they are brought about expenses, insurance, and financial sector agencies.
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USDA has not identified any relevant DEPARTMENT OF AGRICULTURE (5 United States Code (U.S.C.) 601 et Federal rules that duplicate, overlap, or seq.). conflict with this rule. Agricultural Marketing Service The Administrator of AMS has considered the economic effect of this An interim final rule concerning this 7 CFR Part 1260 action on small entities and has action was published in the Federal determined that this final rule will not Register on October 29, 2004 (69 FR [Docket No. LS–04–09] have a significant economic impact on 63043). Copies of that rule were also a substantial number of small entities. Beef Promotion and Research; mailed or sent via facsimile to all The purpose of RFA is to fit regulatory Reapportionment walnut handlers. Finally, the interim actions to the scale of businesses subject final rule was made available through AGENCY: Agricultural Marketing Service, to such actions in order that small the Internet by USDA and the Office of USDA. businesses will not be unduly burdened. the Federal Register. A 60-day comment In the January 30, 2004, issue of ACTION: Final rule. period was provided for interested ‘‘Cattle,’’ USDA’s National Agricultural persons to respond to the interim final SUMMARY: This final rule adjusts Statistics Service (NASS) estimates that rule. The comment period ended on representation on the Cattlemen’s Beef in 2004 the number of cattle operations December 28, 2004, and one comment Promotion and Research Board (Board), in the United States totaled about 1.1 was received. established under the Beef Promotion million. The majority of these operations subject to the Order, 7 CFR The commenter believes that the and Research Act of 1985 (Act), to reflect changes in cattle inventories and 1260.101 et seq., are considered small Board and this marketing order program businesses under the criteria established should be terminated in favor of a free cattle and beef imports that have occurred since the most recent Board by the Small Business Administration. market system. However, the Act reapportionment rule became effective This final rule imposes no new authorizes this marketing order in 2002. These adjustments are required burden on the industry. It only adjusts program. Further, this comment does by the Beef Promotion and Research representation on the Board, established not relate to the Board’s assessment rate Order (Order) and will result in a under the Act, to reflect changes in decrease. Thus, no changes are being decrease in Board membership from 108 domestic cattle inventory and cattle and made based on the comment submitted. to 104, effective with the Department of beef imports. The adjustments are A small business guide on complying Agriculture’s (USDA) appointments for required by the Order and will result in with fruit, vegetable, and specialty crop terms beginning early in the year 2006. a decrease in Board membership from 108 to 104. marketing agreements and orders may EFFECTIVE DATE: February 10, 2005. be viewed at: http://www.ams.usda.gov/ FOR FURTHER INFORMATION CONTACT: Background fv/moab.html. Any questions about the Kenneth R. Payne, Chief, Marketing The Board was initially appointed compliance guide should be sent to Jay Programs Branch, Room 2638–S, August 4, 1986, pursuant to the Guerber at the previously mentioned Livestock and Seed Program, provisions of the Act (7 U.S.C. 2901 et address in the FOR FURTHER INFORMATION Agricultural Marketing Service (AMS), seq.) and the Order issued thereunder. CONTACT section. USDA, STOP 0251, 1400 Independence Domestic representation on the Board is After consideration of all relevant Avenue, SW., Washington, DC 20250– based on cattle inventory numbers, and material presented, including the 0251; telephone number 202/720–1115; importer representation is based on the information and recommendation facsimile 202/720–1125, or by e-mail at: conversion of the volume of imported submitted by the Board and other [email protected]. cattle, beef, or beef products into live available information, it is hereby found SUPPLEMENTARY INFORMATION: animal equivalencies. Section 1260.141(b) of the Order that this rule, as hereinafter set forth, Executive Order 12866 will tend to effectuate the declared provides that the Board shall be policy of the Act. The Office of Management and Budget composed of cattle producers and has waived the review process required importers appointed by the Secretary of List of Subjects in 7 CFR Part 984 by Executive Order 12866 for this Agriculture from nominations submitted action. by certified producer and importer Walnuts, Marketing agreements, Nuts, organizations. A producer may only be Executive Order 12988 Reporting and recordkeeping nominated to represent the unit in requirements. This final rule has been reviewed which that producer is a resident. under Executive Order 12988, Civil Section 1260.141(c) of the Order PART 984—WALNUTS GROWN IN Justice Reform. It is not intended to provides that at least every 3 years and CALIFORNIA have retroactive effect. not more than every 2 years, the Board Section 11 of the Act provides that shall review the geographic distribution I Accordingly, the interim final rule nothing in the Act may be construed to of cattle inventories throughout the amending 7 CFR part 984 which was preempt or supersede any other program United States and the volume of published at 69 FR 63043 on October 29, relating to beef promotion organized imported cattle, beef, and beef products 2004, is adopted as a final rule without and operated under the laws of the and, if warranted, shall reapportion change. United States or any State. There are no units and/or modify the number of administrative proceedings that must be Board members from units in order to Dated: February 7, 2005. exhausted prior to any judicial reflect the geographic distribution of Kenneth C. Clayton, challenge to the provisions of this rule. cattle production volume in the United Acting Administrator, Agricultural Marketing States and the volume of cattle, beef, or The Regulatory Flexibility Act and the Service. beef products imported into the United Paperwork Reduction Act [FR Doc. 05–2603 Filed 2–9–05; 8:45 am] States. BILLING CODE 3410–02–P Pursuant to the requirements set forth Section 1260.141(d) of the Order in the Regulatory Flexibility Act (RFA) authorizes the Board to recommend to
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USDA modifications in the number of January 1, 2002, 2003, and 2004, USDA Current Revised cattle per unit necessary for cattle inventory numbers would best States representa- representa- representation on the Board. reflect the number of cattle in each State tion tion Section 1260.141(e)(1) provides that or unit since publication of the 2001 each geographic unit or State that reapportionment rule. 1. Minnesota ..... 3 2 includes a total cattle inventory equal to The Board reviewed the February 24, 2. Montana ...... 3 2 or greater than 500,000 head of cattle 2004, USDA’s Economic Research 3. Nebraska ...... 7 6 shall be entitled to one representative Service circular, ‘‘Livestock, Dairy, and 4. Wyoming ...... 2 1 on the Board. Section 1260.141(e)(2) Poultry Outlook,’’ to determine proper provides that States that do not have importer representation. The Board Board representation for the entire 40 total cattle inventories equal to or recommended the use of a combined units is shown in the revised greater than 500,000 head shall be total of the average of the 2001, 2002, § 1260.141(a) contained herein. grouped, to the extent practicable, into and 2003, cattle import data and the The 2004, nomination and geographically-contiguous units, each of average of the 2001, 2002, and 2003, live appointment process was in progress which have a combined total inventory animal equivalents for imported beef while the Board was developing its of not less than 500,000 head. Such products. The method used to calculate grouped units are entitled to at least one the total number of live cattle recommendations. Thus, the Board representative on the Board. Each unit equivalents was the same as that used reapportionment as provided for under that has an additional one million head in the previous reapportionment of the the rulemaking will be effective with of cattle within a unit qualifies for Board. The recommendation for 2005, nominations and appointments additional representation on the Board importer representation is based on the that will be effective early in the year as provided in § 1260.141(e)(4). As most recent 3-year average of data 2006. provided in § 1260.141(e)(3), importers available to the Board at its June 24, Pursuant to 5 U.S.C. 553, it is found are represented by a single unit, with 2004, meeting to be consistent with the and determined that good cause exists the number of Board members based on procedures used for domestic for not postponing the effective date of a conversion of the total volume of representation. this rule until 30 days after publication imported cattle, beef, or beef products Comments in the Federal Register. This action into live animal equivalencies. adjusts representation on the Board. By The initial Board appointed in 1986, On November 12, 2004, AMS establishing this final rule, as provided was composed of 113 members. published in the Federal Register (69 Reapportionment based on a 3-year FR 65386) for public comment a herein, USDA will be able to make average of cattle inventory numbers and proposed rule providing for the appointments effective early in the year import data, reduced the Board to 111 adjustment in Board membership. That 2006 based upon this reapportionment. members in 1990, and 107 members in comment period ended December 13, List of Subjects in 7 CFR Part 1260 1993, before the Board was increased to 2004. USDA received one comment 111 members in 1996. The Board was from an interested party in a timely Administrative practice and decreased to 110 members in 1999, 108 manner. The comment has been posted procedure, Advertising, Agricultural members in 2001, and will be decreased on AMS’ Web site at: http:// research, Imports, Marketing agreement, to 104 members with appointments for www.ams.usda.gov/lsg/mpb/ Meat and meat products, Reporting and terms effective early in 2006. bfcomments.htm. recordkeeping requirements. The current Board representation by States or units has been based on an Discussion of Comment I For reasons set forth in the preamble, average of the January 1, 1999, 2000, The commenter supported a 7 CFR part 1260 is amended as follows: and 2001, inventory of cattle in the readjustment of Board membership, but various States as reported by NASS of suggested that alternating representation PART 1260—BEEF PROMOTION AND USDA. Current importer representation including consumers and others be RESEARCH has been based on a combined total included on the Board. However, the average of the 1998, 1999, and 2000, live Act and Order provide that the Board I 1. The authority citation for 7 CFR part cattle imports as published by the shall be composed of cattle producers 1260 continues to read as follows: Foreign Agricultural Service of USDA and importers appointed by the Authority: 7 U.S.C. 2901 et seq. and the average of the 1998, 1999, and Secretary of Agriculture from 2000, live animal equivalents for nominations submitted by certified I 2. In § 1260.141, paragraph (a) and the imported beef products. producer organizations. Consequently, table immediately following it, are Recommendations concerning Board this comment is not adopted. revised to read as follows: reapportionment were approved by the Therefore, the reapportionment of the Board at its June 24, 2004, meeting. In Board in this final rule is unchanged § 1260.141 Membership of Board. considering reapportionment, the Board from the proposed rule. This final rule (a) Beginning with the 2005, Board reviewed cattle inventories as well as decreases the number of representatives nominations and the associated cattle, beef, and beef product import on the Board from 108 to 104. Four appointments effective early in the year data for the period January 1, 2002, to States—Minnesota, Montana, Nebraska, 2006, the United States shall be divided January 1, 2004. The Board and Wyoming—lose one member each. into 39 geographical units and 1 unit recommended that a 3-year average of The States and units affected by the representing importers, and the number cattle inventories and import numbers reapportionment plan and the current of Board members from each unit shall should be continued. The Board and revised member representation per be as follows: determined that an average of the unit are as follows:
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CATTLE AND CALVES 1
State/unit (1,000 head) Directors
1. Alabama ...... 1,390 1 2. Arizona ...... 843 1 3. Arkansas ...... 1,857 2 4. California ...... 5,217 5 5. Colorado ...... 2,700 3 6. Florida ...... 1,757 2 7. Idaho ...... 2,000 2 8. Illinois ...... 1,367 1 9. Indiana ...... 857 1 10. Iowa ...... 3,517 4 11. Kansas ...... 6,533 7 12. Kentucky ...... 2,350 2 13. Louisiana ...... 853 1 14. Michigan ...... 1,003 1 15. Minnesota ...... 2,467 2 16. Mississippi ...... 1,063 1 17. Missouri ...... 4,400 4 18. Montana ...... 2,433 2 19. Nebraska ...... 6,283 6 20. Nevada ...... 507 1 21. New Mexico ...... 1,547 2 22. New York ...... 1,420 1 23. North Carolina ...... 910 1 24. North Dakota ...... 1,867 2 25. Ohio ...... 1,233 1 26. Oklahoma ...... 5,233 5 27. Oregon ...... 1,400 1 28. Pennsylvania ...... 1,637 2 29. South Dakota ...... 3,767 4 30. Tennessee ...... 2,227 2 31. Texas ...... 13,833 14 32. Utah ...... 887 1 33. Virginia ...... 1,607 2 34. Wisconsin ...... 3,333 3 35. Wyoming ...... 1,387 1 36. Northwest ...... 1 Alaska ...... 12 ...... Hawaii ...... 153 ...... Washington ...... 1,117 ......
Total ...... 1,408 ......
37. Northeast ...... 1 Connecticut ...... 57 ...... Delaware ...... 24 ...... Maine ...... 94 ...... Massachusetts ...... 50 ...... New Hampshire ...... 40 ...... New Jersey ...... 45 ...... Rhode Island ...... 6 ...... Vermont ...... 285 ......
Total ...... 600 ......
38. Mid-Atlantic ...... 1 District of Columbia ...... 0 ...... Maryland ...... 240 ...... West Virginia ...... 400 ......
Total ...... 640 ......
39. Southeast ...... 2 Georgia ...... 1,260 ...... South Carolina ...... 430 ......
Total ...... 1,690 ......
40. Importer 2 ...... 8,378 8 1 2002, 2003, and 2004, average of January 1 cattle inventory data. 2 2001, 2002, and 2003, average of annual import data.
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* * * * * the notice and comment provisions of 5 that CCC may incur by using private Dated: February 4, 2005. U.S.C. 553 or the Statement of Policy of financial institutions in carrying out Kenneth C. Clayton, the Secretary of Agriculture effective portions of the program. To fund the July 24, 1971, (36 FR 13804) relating to trust, section 625(b)(1) of the 2004 Act Acting Administrator, Agricultural Marketing Service. notice and comment rulemaking and requires that ‘‘each tobacco product public participation in rulemaking. manufacturer and tobacco product [FR Doc. 05–2544 Filed 2–9–05; 8:45 am] These regulations are thus issued as importer that sells tobacco products in BILLING CODE 3410–02–P final. domestic commerce in the United States’’ be subject to this assessment. Background DEPARTMENT OF AGRICULTURE The manner in which the assessments General Overview are to be levied is specified by the 2004 Commodity Credit Corporation Sections 611 through 613 of the 2004 Act. Notably, assessments are levied on Act repeal the marketing quota and ‘‘each tobacco product manufacturer 7 CFR Part 1463 acreage allotment (marketing quota) and and tobacco product importer;’’ accordingly, no assessment is levied on RIN 0560–AH31 price support loan programs for tobacco that are authorized by Title III of the an entity that imports, or sells Tobacco Transition Assessments Agricultural Adjustment Act of 1938 domestically only un-manufactured (the 1938 Act), and the Agricultural Act tobacco. AGENCY: Commodity Credit Corporation, of 1949 (the 1949 Act), effective at the Assessments are imposed during each USDA. end of the 2004 marketing year of the fiscal years (FY) 2005 through ACTION: Final rule. established for the respective kinds of 2014. The amount of such annual tobacco that are subject to such quotas. assessment is to be sufficient to cover SUMMARY: This rule provides regulations The regulations used to administer the the payments made to tobacco quota for the manner in which assessments are marketing quota program are codified at holders and tobacco producers and to to be made on various domestic 7 CFR part 723 and the price support cover other approved expenses made in manufacturers or importers of tobacco loan program regulations are codified at that calendar year. For 2005, the products to fund the tobacco transition 7 CFR part 1464. percentage of these assessments to be payment program as required by Title VI Sections 622 and 623 of the 2004 Act collected from each such sector is as of the America Jobs Creation Act of 2004 provide that eligible quota holders and follows: (the 2004 Act). tobacco producers will receive 1. Cigarette manufacturers and EFFECTIVE DATE: February 9, 2005. payments under the Tobacco Transition importers—96.331 percent. FOR FURTHER INFORMATION CONTACT: Payment Program (TTPP) in 10 equal 2. Cigar manufacturers and Misty Jones, Tobacco Division (TD), installments in each of the 2005 through importers—2.783 percent. Farm Service Agency, United States 2014 fiscal years. The regulations used 3. Snuff manufacturers and Department of Agriculture (USDA), to administer payments made under this importers—0.539 percent. STOP 0514, Room 4080–S, 1400 program will be set forth in a separate 4. Roll-your-own tobacco Independence Avenue, SW., rule. Washington, DC 20250–0514. Phone: manufacturers and importers—0.171 (202) 720–7413; e-mail: Assessment and Trust Fund percent. [email protected]. Persons with Sections 625 through 627 of the 2004 5. Chewing tobacco manufacturers disabilities who require alternative Act provide for the establishment of and importers—0.111 percent. means for communication (Braille, large assessments on certain domestic 6. Pipe tobacco manufacturers and print, audio tape, etc.) should contact manufacturers and importers of tobacco importers—0.066 percent. the USDA Target Center at (202) 720– products in order to fund the 10-year These percentages were established 2600 (voice and TDD). TTPP. The funds to be expended under under section 625 of the 2004 Act by SUPPLEMENTARY INFORMATION: this program are to be derived from a using calendar year 2003 data. The trust fund established by the 2004 Act. allocations by class for fiscal year 2005 Notice and Comment The trust fund is also to be used to pay were calculated by multiplying net Section 642(b) of the 2004 Act (Pub. for losses the Commodity Credit tobacco products removed (both L. 108–357) requires that the regulations Corporation (CCC) incurs in disposing domestic and imported) by the to implement Title VI of the 2004 Act of tobacco it had acquired under the maximum excise tax rate for each class are to be promulgated without regard to price support loan program and for costs of tobacco (see table 1 below).
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TABLE 1.—CALCULATION OF INITIAL ASSESSMENTS FOR EACH CLASS OF TOBACCO UNDER SECTION 625(C)
Estimated taxes Allocation Domestic Imports Total quantity Maximum tax 2003 Calendar year 1 1 1 2 (total quantity by class (# or lbs) (# or lbs) (# or lbs) rate times tax rate) (percent)
Cigarettes: small (#) ...... 377,241,580,953 23,085,086,000 400,326,666,953 $19.50/thou ... $7,806,370,006 96.331 Cigarettes: large (#) ...... 0 0 0 $40.95/thou ... 0 0.000 Cigars: small (#) ...... 2,301,972,488 172,369,000 2,474,341,488 $1.828/thou ... 4,523,096 0.056 Cigars: large (#) ...... 4,018,523,214 514,566,000 4,533,089,214 $48.75/thou ... 220,988,099 2.727 Snuff (lbs) ...... 74,700,715 8,369 74,709,084 $0.585/lb ...... 43,704,814 0.539 Chewing tobacco (lbs) ...... 45,906,067 174,399 46,080,466 $.195/lb ...... 8,985,691 0.111 Pipe tobacco (lbs) ...... 4,155,205 698,086 4,853,291 $1.0969/lb ..... 5,323,575 0.066 Roll your own (lbs) ...... 11,353,137 1,254,008 12,607,145 $1.0969/lb ..... 13,828,777 0.171
Total ...... 8,103,724,058 100.000 1 Source: Alcohol and Tobacco Tax and Trade Bureau; National Revenue Center; December 2003 Monthly Statistical Release Re-issued Au- gust 19, 2004; Report Symbol TTB S 5200–12–2003 www.ttb.gov/tobacco/stats/index.htm. 2 Source: Alcohol and Tobacco Tax and Trade Bureau; Tax and Fee Rate www.ttb.gov/alcohol/info/atftaxes.htm.
Section 625(c)(2) of the 2004 Act determined by using the October 1, 2004 TTB Form 5000.24, TTB Form 5620.8 requires the Secretary to periodically through December 31, 2004 market and Customs and Border Protection adjust these percentages as changes share of the entity within each of the six Form 7501. Because the name and occur in the marketplace. Beginning in product sectors. Accordingly, the use of identification of these and other forms FY 2006, it is CCC’s intention to adjust the 2004 Act’s ‘‘market share’’ and ‘‘base may change over time, CCC will provide the class percentages annually by using period,’’ are effectively limited to being actual notice to domestic manufacturers this same methodology to ascertain used to determine the division of the and importers of tobacco products of changes in the volume of sales of each national assessment among the six those forms from which information class. previously listed sectors. could be obtained for purposes of In order to establish these market Market Shares and Base Period compliance with this subpart. Due to shares, section 625(h)(1) provides that the need to obtain this information as Section 625(b)(1) of the 2004 Act each manufacturer and importer of soon as possible for use in FY 2005, provides that in each of the FY’s 2005 tobacco products must submit ‘‘a CCC will provide actual notice to those through 2014, CCC will impose certified copy of each of the returns or entities who have received a permit, as assessments ‘‘on each tobacco product forms described by paragraph (2) that manufacturer and tobacco product are required to be filed with a Federal identified below, from the Department importer that sells tobacco products in agency on the same date that those of the Treasury since October 1, 2004 in domestic commerce in the United States returns or forms are filed, or required to order to obtain information regarding during that fiscal year.’’ The 2004 Act be filed, with the agency.’’ Section their October 1 through December 31, provides that for each such entity, 625(h)(2) provides that these returns 2004 marketings. To the extent that within each of the six specified sectors, and forms ‘‘are those that relate to, ‘‘(A) future submissions to the Department of the Secretary must establish individual the removal of tobacco products into the Treasury and the Department of assessments by determining a statutorily domestic commerce (as defined by Homeland Security may be combined prescribed ‘‘market share’’ for each section 5702 of the Internal Revenue with that needed for the administration manufacturer and importer. This market Code of 1986); and (B) the payment of of the 2004 Act, CCC will attempt to share is defined by section 625(a)(3) of the taxes imposed under charter [sic] 52 obtain the information from the two the 2004 Act as the entity’s share of the of the Internal Revenue Code of 1986, agencies without the need to obtain the ‘‘class of tobacco product (expressed as including AFT [sic] Form 5000.24 and same information from tobacco a decimal to the fourth place) of the United States Customs Form 7501 under manufacturers and tobacco product total volume of domestic sales of the currently applicable regulations.’’ With importers. class of tobacco product during the base respect to the information provided to Quarterly Assessments period for a fiscal year* * *.’’ The the Department of the Treasury, data to ‘‘base period’’ is defined in section develop a market share would be Section 625(b)(1) of the 2004 Act 625(a)(1) as the ‘‘one-year period ending obtained from sources such as TTB requires that CCC ‘‘* * * impose the June 30 before the beginning of a Form 5000.24, which is required to be quarterly assessments during each of fiscal year.’’ For FY 2005 that would be filed monthly. To the extent amended fiscal years 2005 through 2014, * * * July 1, 2003 through June 30, 2004 and forms are filed, CCC would incorporate on each tobacco product manufacturer an entity’s FY 2005 market share would those changes to the extent it deemed and tobacco product importer that sells be its share of the sale of a class of practicable, taking into consideration tobacco products in domestic commerce tobacco products from July 1, 2003 when the amended form was submitted. in the United States during that fiscal through June 30, 2004. With respect to imports of tobacco year.’’ Section 625(f) provides that the products, CCC intends to use determination of the amount of a information provided to the Department Section 625(b)(2) further provides quarterly assessment owed by an entity of the Treasury and the Department of that: ‘‘Beginning with the calendar will be based upon its prior quarterly Homeland Security when the product quarter ending on December 31 of each period sales. Thus, as payments made enters the United States. of fiscal years 2005 through 2014, the by an entity cover a calendar year At the current time, this information assessment payments over each four- period, the first quarterly payment that would be of the type submitted monthly calendar quarter period shall be is due on March 31, 2005 will be on TTB Form 5220.6, ATF Form 5210.5, sufficient to cover—
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(A) The contract payments made payment period will be treated in the permit, use of this requirement will under sections 622 and 623 during that same manner as all other entities. provide a readily identifiable process period; and After reviewing this provision of the that imposes no additional burden on (B) Other expenditures from the 2004 Act in the context of all of Title VI these entities. Tobacco Trust Fund made during the of the 2004 Act, CCC has determined the Generally, for FY 2005, the base quarter periods corresponding to intent of the statutory scheme assessment for an individual company the four calendar quarters of that established by section 625 of the 2004 would be determined by: period.’’ Act is that CCC is to levy assessments 1. Taking the total calendar year 2005 Section 625(d)(1) of the 2004 Act in amounts needed to fund the Tobacco expenditures CCC estimates it will incur further provides that ‘‘The notice for a Trust Fund (TTF) with sufficient and dividing that amount among the quarterly period shall be provided not amounts to cover expenses incurred in various classes of tobacco pursuant to later than 30 days before the date each of the 2005 through 2014 calendar the percentages specified above. payment is due under paragraph (3).’’ years, with payment due to CCC at the 2. Taking that dollar amount for each Section 625(d)(3) provides: end of each calendar year quarter. class and dividing it among each entity ‘‘(A) Collection Date.—Assessments Thus, the first quarterly payment is in that class based on the entity’s shall be collected at the end of each due to CCC on March 31, 2005 and the adjusted market share each quarter. calendar year quarter, except that the 40th, and final payment otherwise due With respect to the first calendar year Secretary shall ensure that the final to CCC on December 31, 2014, is quarterly payment that is due March 31, assessment due under this section is accelerated to September 30, 2014. 2005, CCC would calculate an collected not later than September 30, While section 625(b)(2) refers to the individual entity’s required payment 2014. collection of assessments at the end of based upon the entity’s adjusted market (B) Base Period Quarter.—The a calendar year quarter for expenditures share as determined as of the ‘‘*** assessment for a calendar year quarter occurred in that quarter, section quarter that ended at the end of the shall correspond to the base period 625(c)(3) allows CCC to adjust any preceding calendar year quarter,’’ which quarter that ended at the end of the assessment to be collected in a fiscal would be the October 1 through preceding calendar year quarter.’’ year to cover expenditures ‘‘*** as December 31, 2004 time frame. With The 2004 Act contains several the Secretary determines to be necessary respect to the payment due on June 30, provisions that give contradictory to carry out this subtitle during that 2005, the market share would be direction to CCC. For example, while fiscal year.’’ adjusted to reflect marketings between section 625(b)(1) provides that CCC Accordingly, in order to allow for a January 1, 2005 and March 31, 2005. ‘‘* * * shall impose quarterly more uniform and predictable assessments during each of the fiscal assessment rate so that entities paying Notification of Information years 2005 through 2014,’’ section the assessment can make timely Section 625(d) of the 2004 Act 625(b)(2) directs that assessments be business decisions, CCC will levy four provides that each domestic collected ‘‘* * * over each four quarterly assessments in each of the manufacturer and importer of tobacco calendar quarter period,’’ which CCC 2005 through 2014 calendar years with products will be given actual notice, not interprets as being each quarter payment due on March 31, June 30, later than 30 calendar days prior to the beginning on January 1, 2005 through September 30, and December 31 of each date payment of each quarterly December 31, 2014, except that the final calendar year. But, as required by the assessment is due to CCC, of certain payment is accelerated to September 30, 2004 Act, the December 31, 2014 determinations made under the 2004 2014 by section 625(d)(3)(B). Similarly, payment will be due on September 30, Act. These determinations relate to: section 625(d)(1) states that notification 2014. Accordingly, this 40th quarter 1. The total combined assessment for of payments owed by an entity is to be payment will be determined by using all domestic manufacturers and made ‘‘not later than 30 days before the the same adjusted market share data of importers of tobacco products, which is date payment is due under paragraph an entity that was used to determine the referred to as the ‘‘national assessment’’ (3).’’ Section 625(d)(3)(A) contains the 39th quarter payment. To the extent in the rule; special rule for moving December 31, practicable, each of the four quarterly 2. The total assessment for each class 2014 assessments to September 30, assessments for a calendar year will be of tobacco product; 2014, but subparagraph (B) provides one-fourth of the estimated costs of the 3. Any adjustments that have been ‘‘The assessment for a calendar year total expenditures for that calendar year, made to the percentage allocation of the quarter shall correspond to the base but CCC may adjust each of the amounts gross volume of tobacco products among period quarter that ended at the end of due each quarter to account for classes of tobacco products; the preceding calendar year quarter.’’ unanticipated savings or increased 4. Any adjustment to the national Thus, this provision of 625(d)(3)(B) to outlays. assessment due to changes of CCC use a method of collection where a expenditures during the fiscal year; quarterly payment is to ‘‘correspond’’ to Entities Subject to Payment of the 5. The volume of gross sales for each the prior quarter runs counter to the use Assessment class of tobacco made by the domestic of the ‘‘market share’’ and ‘‘base period’’ In order to collect these assessments, manufacturer or importer of tobacco provisions of the 2004 Act. Accordingly, this rule provides that those domestic products that was used in determining with respect to section 625(d)(3)(B), manufacturers and importers of tobacco the market share of such entity; CCC interprets this provision to mean products who must pay an assessment 6. The total volume of gross sales of that an entity’s required payment is to are those that, during the fiscal year, are the applicable class of tobacco products be adjusted quarterly by determining an required to have a permit from the that was used in determining the market entity’s share of a tobacco product Department of the Treasury as provided share of domestic manufacturer and sector based upon the prior 3 month in 27 CFR parts 40.61 and 40.62 for importers of tobacco products; marketings of the entity. Such an manufacturers and 27 CFR parts 275.190 7. The domestic manufacturers’ and interpretation also means that an entity and 275.191 for importers. Since all importers’ of tobacco products market entering the tobacco market for the first domestic manufacturers and importers share of the applicable class of tobacco time at any time during a quarterly of tobacco products must have such a product; and
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8. The market share of each domestic of the estimated impacts of this rule are cured and burley tobacco, $3 per pound manufacturer and importers of tobacco as follows: of effective quota for the 2002 marketing products. year and, for other kinds of tobacco, $3 Tobacco Market Prices In reviewing the notification of per pound of the allotment for 2002, information provision with officials of The price tobacco manufacturers pay times the average annual yield per acre the Department of the Treasury, it has for domestic tobacco is higher than that produced in the 2001, 2002, and 2003 been determined that the disclosure of for imported tobacco. This is largely due crop years. Total transition payments market share information on an entity to to the price support program for are estimated at $9.6 billion based on another party, item 8, would be in domestic tobacco which established a known payment rates per pound and violation of 26 U.S.C. 6103. That higher minimum price for U.S. product. 2002 acreage/poundage quotas. provision of the Internal Revenue Code The elimination of the tobacco price Reimbursable expenses incurred by CCC precludes the disclosure by the United support is expected to move domestic and financial institutions related to States Government of information tobacco market prices toward the lower assessments and payments are expected obtained from a tax return or other form market price of imported tobacco. to be about $540 million. to a third party. Accordingly, the Academic research suggests that tobacco Costs to Manufacturers and Importers notifications provided by this rule will market prices may decline 25 percent or not include disclosure of an entity’s more from their levels under the On August 18, 2004, there were 158 market share to any third party. previous program. However, over the product manufacturers and 666 product In addition to the first seven items longer term, tobacco producers are importers providing data on tobacco noted above, the notification that CCC expected to benefit from reduced product sales. Tobacco manufacturer will provide to domestic manufacturers production costs from elimination of and importer assessments are based on and importers of tobacco products will quota rent, increased production as their shares of sales volume for 6 major also include: domestic leaf will compete more tobacco product classes: cigarettes, 1. The manner in which assessments effectively with imports, more cigars, pipe tobacco, snuff, chewing are to be remitted to CCC; and competitiveness in the export market, tobacco, and roll-your-own tobacco. 2. Identification of those Department and economy of scale as farms Product classes are measured in number of the Treasury and Department of consolidate into larger and more of units of product or pounds of Homeland Security forms filed by the efficient units. Also, elimination of product, and each category is assigned domestic manufacturer and importer of tobacco marketing quotas will result in a percentage of the market for that tobacco products that must also be filed a loss of income to quota owners product class based on its pro rata share with CCC. because owning a tobacco quota allows of the total sales of that product. Total a person to market tobacco in the assessments on cigarette manufacturers Appeals higher-price domestic market and, and importers during fiscal year 2005 Notice of appeal rights will be therefore, it has an intrinsic value. are estimated at about $975 million provided when applicable. Section based on 2003 taxable removal of 625(i) of the 2004 Act sets forth specific CCC Stocks cigarettes of about 400 billion, or about times by which CCC must resolve Lower domestic market tobacco prices 20 billion packs of 20 each. Thus, the certain administrative appeals that arise may cause a reduction in the value of assessment per pack of cigarettes will be with respect to the levy of assessments. CCC tobacco stocks which are collateral around 4.8 cents. In order to cover their Accordingly, the administrative review for CCC nonrecourse marketing loans. If share of the product class’s assessment, procedure set forth in this rule provides tobacco prices fall below the loan value cigarette manufacturers and importers that for those appeals in which the of tobacco pledged as collateral, CCC would likely raise the price of cigarettes appellant disputes the amount of the could lose a significant amount of by a similar amount. assessments CCC will, within 30 money. Compensating tobacco Cigars’ proportion of the fiscal year business days of receipt of the notice of producers, quota holders, and CCC is 2005 assessment is 2.783 percent, about the appeal, determine if a revision viewed as an equitable remedy for the $28.2 million. This implies a price should be made. If a decision has not loss of future tobacco income and the increase of about 0.4 cents per cigar been made within 30 business days, for potentially diminished value of loan based on 2003 removals of 7.0 billion purposes of seeking judicial review, the collateral. The assessments collected units. Other products’ share of the appellant will have been deemed to from tobacco importers and assessment in million dollars, and the have exhausted all administrative manufacturers will fund the payments implied increase in product price in remedies. The administrative procedure for quota holders and tobacco producers cents per pound, in parenthesis, are: established by this rule provides for the and will also compensate CCC for any snuff—$5.5 (7.3), chewing tobacco— opportunity for a hearing, if requested losses associated with tobacco loan $1.1 (2.4), pipe tobacco—$.7 (13.8), and by the appellant, and also provides for stocks. roll-your-own—$1.7 (13.8). the appeal of other determinations Manufacturers and importers are Payments to Holders and Producers arising under the act that are not subject expected to pass most of these costs to to the 30-day appeal process. CCC will enter into a contract with consumers of tobacco products through each tobacco quota holder or producer small increases in sales prices, since Analysis of Benefits and Costs to compensate them for terminating demand tends to be much more inelastic This rule was determined to be quotas and price support. Assessments than supply. Specific estimates of the economically significant by the Office of on manufacturers and importers of supply elasticity are not available, Management and Budget under tobacco products will finance the however, most studies assume supply to Executive Order 12866. Thus, an payments. As provided in this rule the be perfectly elastic. The additional analysis of the benefits and costs of this total payments due an eligible tobacco burden of providing information on rule has been performed by the Agency. quota holder is $7 per pound multiplied sales volume to CCC is deemed This analysis is available from Misty by the pounds of basic quota at the 2002 negligible inasmuch as these data are Jones at (202) 720–7413 or at http:// quota level. Total payments due a already provided to other government www.fsa.usda.gov/tobacco/. A summary tobacco producer is, in the case of flue- agencies.
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Impact on Consumers law to publish a notice of proposed public inspection by the Office of the Consumers are expected to pay rulemaking for the subject matter of this Federal Register. rule. marginally higher prices for tobacco Paperwork Reduction Act products than they would in the Environmental Review absence of the assessments, as Section 642(b) of the 2004 Act manufacturers pass on most of the cost Due to the brief time-frame FSA had requires that these regulations be of assessments through higher product to promulgate these regulations, promulgated and administered without sales prices. The recent national average sufficient time was not available to regard to the Paperwork Reduction Act. retail price of cigarettes is calculated to complete an environmental review prior This means that the information to be be $3.8066 per pack. A 4.8-cent-per- to implementing this program. collected from the public to implement pack increase in the price would equate Therefore, an environmental assessment these provisions and the burden, in time to a 1.3-percent rise in the retail price. is being completed to consider the and money, the collection of the Numerous studies have calculated the potential impacts of this proposed information would have on the public price elasticity of demand for cigarettes action on the human environment in does not have to be approved by the to be quite inelastic, ranging from a low accordance with the provisions of the Office of Management and Budget or be of ¥0.4 to a high of ¥0.75. The range National Environmental Policy Act of subject to the normal requirement for a of estimates for youth smoking is wider, 1969 (NEPA), 42 U.S.C. 4321, et seq., 60-day public comment period. ranging from 0 to ¥1.44. Based on these the regulations of the Council on estimates, a 1-percent rise in the price Environmental Quality (40 CFR parts Government Paperwork Elimination of cigarettes would be expected to 1500–1508), and FSA’s regulations for Act reduce overall consumption by 0.4 compliance with NEPA at 7 CFR part 799. A copy of the draft environmental CCC is committed to compliance with percent to 0.75 percent. However, the Government Paperwork Elimination among youth, the expected impact may assessment will be available after completion for review upon request. Act and the Freedom to E-File Act, range from no decline to as much as a which require Government agencies in 1.44-percent decline. Nonetheless, Executive Order 12778 general, and FSA in particular, to consumers, in aggregate, are not This final rule has been reviewed in provide the public the option of expected to significantly reduce submitting information or transacting consumption of tobacco products due to accordance with Executive Order 12778. This rule preempts State laws that are business electronically to the maximum the expected increases in tobacco prices extent possible. Because of the date that attributable to the assessments alone. inconsistent with its provisions, but the rule is not retroactive. Before any the regulations for this program are Administrative Burden judicial action may be brought required to be published, the forms and CCC will likely incur modest concerning this rule, all administrative other information collection activities additional staffing requirements remedies must be exhausted. required to be utilized by a person subject to this rule are not yet fully associated with the ongoing Executive Order 12372 administration of this assessment, implemented in a way that would allow however, automated processes will limit This program is not subject to the public to conduct business with staff requirements somewhat. CCC loan Executive Order 12372, which requires CCC electronically. Accordingly, at this operation net expenses will be paid by intergovernmental consultation with time, all forms required to be submitted the assessments collected under these State and local officials. See the notice under this rule may be submitted to regulations. However, since the tobacco related to 7 CFR part 3015, subpart V, CCC by mail or FAX. program has been administered at no- published at 48 FR 29115 (June 24, List of Subjects in 7 CFR Part 1463 net-cost for years, these assessments are 1983). expected to have no significant impact Unfunded Mandates Agriculture, Acreage allotments, on CCC loan operation expenses. Marketing quotas, Price support Title II of the Unfunded Mandates programs, Tobacco. Executive Order 12866 Reform Act of 1995 (UMRA) does not I This final rule has been determined to apply to this rule because neither the Accordingly, title 7 is amended by be economically significant under Secretary of Agriculture nor CCC is adding part 1463, as set forth below: Executive Order 12866 and has been required by 5 U.S.C. 553 or any other law to publish a notice of proposed PART 1463—2005–2014 TOBACCO reviewed by the Office of Management TRANSITION PROGRAM and Budget (OMB). A cost-benefit rulemaking for the subject matter of this assessment was completed and is rule. Also, the rule imposes no Subpart A—Tobacco Transition summarized after the background mandates as defined in UMRA. Assessments section explaining the rule. Small Business Regulatory Enforcement Sec. Fairness Act of 1996 1463.1 General. Federal Assistance Programs 1463.2 Administration. The title and number of the Federal Section 642(c) of the 2004 Act 1463.3 Definitions. assistance program, as found in the requires that the Secretary use the 1463.4 National assessment. Catalog of Federal Domestic Assistance, authority in section 808 of the Small 1463.5 Division of national assessment to which this final rule applies are: Business Regulatory Enforcement among classes of tobacco. 10.051—Commodity Loans and Loan Fairness Act of 1996, Pub. L. 104–121 1463.6 Determination of persons liable for payment of assessments. Deficiency Programs. (SBREFA), which allows an agency to forgo SBREFA’s usual 60-day 1463.7 Division of class assessment to Regulatory Flexibility Act individual entities. Congressional Review delay of the 1463.8 Notification of assessments. The Regulatory Flexibility Act is not effective date of a major regulation if the 1463.9 Payment of assessments. applicable to this rule because neither agency finds that there is a good cause 1463.10 Civil penalties and criminal the Secretary of Agriculture nor CCC is to do so. Accordingly, this rule is penalties. required by 5 U.S.C. 553 or any other effective upon the date of filing for 1463.11 Appeals and judicial review.
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Subpart B—[Reserved] required to obtain a permit from the § 1463.5 Division of national assessment Alcohol and Tobacco Tax and Trade among classes of tobacco. Authority: 7 U.S.C. 714b and 714c; and Title VI of Pub. L. 108–357. Bureau of the Department of the (a) Except as provided in paragraph Treasury with respect to the production (b) of this section, the national Subpart A—Tobacco Transition of tobacco products under title 27 of the assessment will be divided by CCC Assessments Code of Federal Regulations. among each class of tobacco based upon Fiscal year means the period October CCC’s determination of each class’s § 1463.1 General. 1 through September 30. share of the excise taxes paid. The value The Commodity Credit Corporation Gross domestic volume means the of the excise taxes paid for each class of (CCC) will levy assessments from volume of tobacco products removed, as tobacco will be based upon the reports January 1, 2005 through September 30, defined by section 5702 of the Revenue filed by domestic manufacturers and 2014 on certain domestic manufacturers Code, and not exempt from tax under importers of tobacco products with the and importers of tobacco products as chapter 52 of such code at the time of Department of the Treasury and the provided for in this subpart in order to their removal under that chapter or the Department of Homeland Security: fund the issuance of payments made Harmonized Tariff Schedule of the (b) For fiscal year 2005, the national under subpart B of this part and to fund United States. assessment will be divided as follows: other activities authorized by Title VI of Importer of tobacco products means (1) Cigarettes, 96.331 percent; the American Jobs Creation Act of 2004. an entity that is required to obtain a (2) Cigars, 2.783 percent; The total amount of assessments that permit from the Alcohol and Tobacco (3) Snuff, 0.539 percent; may be collected under this part shall Tax and Trade Bureau of the (4) Roll-your-own tobacco products, not exceed $10.140 billion. Department of the Treasury with respect 0.171 percent; to the importation of tobacco products (5) Chewing tobacco, 0.111 percent; § 1463.2 Administration. under title 27 of the Code of Federal and The provisions of this subpart will be Regulations. (6) Pipe tobacco, 0.066 percent. administered under the general Market share means the share of each (c) For fiscal years 2006 through 2014, supervision of the Executive Vice domestic manufacturer and importer of the division of the national assessment President, CCC. a class of tobacco product, to the fourth for each class of tobacco will be § 1463.3 Definitions. decimal place, of the total volume of adjusted annually. The definitions in this section shall domestic sales of the class of tobacco product in a base period. § 1463.6 Determination of persons liable apply for all purposes of administering for payment of assessments. National assessment means the total the provisions of this subpart: amount of funding that CCC has (a) All domestic manufacturers and Act means Title VI of the America importers of tobacco products are Jobs Creation Act of 2004 (Public Law determined to be necessary to collect in a year from domestic manufacturer and required to pay to CCC their 108–357). proportionate share of a calendar year’s Adjusted market share means the importer of tobacco products in order to reimburse CCC for expenditures that it national assessment. Such entities are market share of a manufacturer of those that import or manufacture tobacco products or an importer of will incur in the year for expenses tobacco products in a calendar year and tobacco products adjusted to reflect incurred under sections 622 and 623 of are required to report to the United such entity’s share of a class of tobacco the Act in making payments under States Department of the Treasury or to during the immediately preceding subpart B of this part; losses sustained the Department of Homeland Security calendar year quarter. With respect to by CCC in the disposition of tobacco the removal of tobacco products into the 39th and 40th quarterly payments acquired under price support loan domestic commerce under the Revenue due on September 30, 2014, the adjusted agreements as provided in section Code or are required to pay taxes under market share will be the entity’s share 641(c) of the Act; and costs incurred by chapter 52 of such code. of a class of tobacco during the April 1– CCC in the utilization of financial (b)(1) Such entities must provide to June 30, 2014 quarter. institutions in administering sections Base period means the period July 1 622 and 623 of the Act. CCC’s point of contact: through June 30 immediately preceding Revenue Code means the Internal (i) Entity name; mailing address of the the beginning of a fiscal year. Revenue Code of 1986. entity’s principal place of business; an CCC’s point of contact means, for Tobacco Trust Fund means an office or individual that CCC may items physically sent to CCC, ‘‘Tobacco account established for deposit of contact for further information; an e- Division (TD), Farm Service Agency, assessments collected under this mail address and postal address at United States Department of Agriculture subpart, plus interest that accrues on which they wish to receive notifications (USDA), STOP 0514, Room 4080–S, such assessments, to be used to required by the Act to be made to them 1400 Independence Avenue, SW., implement this subpart. by CCC; and Washington, DC 20250–0514’’ unless (ii) On a monthly basis for each class § 1463.4 National assessment. otherwise specified by CCC through of tobacco, the total amount of tobacco actual notice and, for all Annually, CCC will make a products, summarized by employer correspondence by email, determination of a national assessment identification number or such other [email protected]. in as far in advance of when the first method as may be prescribed by CCC, Calendar year means the period assessment is due as CCC determines to that are required to be reported to the January 1 through December 31. be practicable. Based upon the amount United States Department of the Class of tobacco means each of the of assessments received and Treasury or to the Department of following types of tobacco and tobacco expenditures incurred in a calendar year Homeland Security in each month products: cigarettes; cigars; snuff; roll- quarter, CCC may adjust the national beginning October 1, 2004, and ending your-own tobacco; chewing tobacco; assessment for one or more classes of September 30, 2014. and pipe tobacco. tobacco established for a particular year (2) The information required to be Domestic manufacturer of tobacco with respect to succeeding calendar year submitted to CCC under paragraph (b)(1) products means an entity that is quarters. of this section must be submitted by:
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(i) With respect to fiscal year 2005 (4) An adjustment in the national following the end of such prior quarter. activities occurring prior to February 10, assessment if CCC determines that the Such interest will be at the rate CCC 2005, by February 25, 2005; and assessments imposed will result in assesses on delinquent debts in (ii) With respect to all other activities, insufficient funds due to changes in the accordance with part 1403 of this title. on the same date the information was amount of expenditures that CCC has (e) With respect to funds placed in required to be submitted to the United determined will be made in a calendar escrow that are refunded to the States Department of the Treasury or to year; domestic manufacturer or importer of the Department of Homeland Security. (5) The national volume of gross sales tobacco products due to the resolution of each class of tobacco product that of an appeal, interest will be paid on § 1463.7 Division of class assessment to individual entities. CCC has allocated to the domestic such amount from the date of receipt by manufacturer or importer of tobacco CCC until the date of the refund. Such (a) In order to determine the products for the purpose of determining interest rate will be at the rate charged assessment owed by an entity, that such entity’s adjusted market share; by the U.S. Treasury for CCC’s portion of the national assessment (6) The total volume of gross sales of borrowing that is in effect on the date assigned to each class of tobacco will be each class of tobacco product that CCC of receipt by CCC of such funds. further divided at the entity level. The has allocated to a class of tobacco amount of the assessment for each class product, within the gross domestic § 1463.10 Civil penalties and criminal of tobacco to be paid by each domestic penalties. volume determined for use in a fiscal manufacturer and importer of tobacco year, that was used for the purpose of (a) Any person who knowingly fails to products will be determined by determining a tobacco product provide information required to be filed multiplying: manufacturer’s or tobacco importer’s under this subpart, or provides false (1) With respect to each class of information under this subpart, may be tobacco, the adjusted market share of adjusted market share; (7) For that quarter, the adjusted subject to the penalties prescribed in 15 such manufacturer or importer; by market share of the domestic U.S.C. 714m, 18 U.S.C. 1003, and such (2) The total amount of the assessment other civil and criminal statutes as the for that class of tobacco for the calendar manufacturer or importer of tobacco products; United States determines to be year quarter. appropriate. (b) For purposes of determining the (8) The manner in which assessments are to be remitted to CCC; and (b) In addition to an action that may volume of domestic sales of each class be taken under paragraph (a) of this of tobacco and for each entity, such (9) Identification of those Department section, with respect to any person who sales shall be based upon the reports of the Treasury and Department of knowingly fails to provide information filed by domestic manufacturers and Homeland Security forms filed by the required to be filed under this subpart, importers of tobacco products with the domestic manufacturer or importer of or that provides false information under Department of the Treasury and the tobacco products that are used to this subpart, a person may be subject to Department of Homeland Security: calculate assessments. assessment of a civil penalty by CCC. (1) For cigarettes and cigars, on the § 1463.9 Payment of assessments. Such civil penalty will be imposed by number of cigarettes and cigars reported (a) Assessments under this subpart are CCC taking into account the severity of on such reports; imposed for the expenditures CCC has (2) For all other classes of tobacco, on the action; whether the action is of a determined it will incur in the 2005 the number of pounds of those products. repetitive nature; and the disruption the (c) In determining the adjusted market through 2014 calendar years. Except as action has caused with respect to other share of each manufacturer or importer provided in paragraph (c) of this parties subject to this subpart. Any such of a class of tobacco products, CCC will section, payment of such assessments civil penalty will not exceed two determine to the fourth decimal place are due to CCC no later than the end of percent of the value of the kind of an entity’s share of excise taxes paid of each calendar year quarter. If prior to 30 tobacco products manufactured or that class of tobacco product during the calendar days before the end of a imported by such entity in the fiscal immediately prior calendar year quarter. calendar year quarter CCC has not year in which the violation occurred. notified an entity of the amount that is § 1463.8 Notification of assessments. required to be remitted in that quarter, § 1463.11 Appeals and judicial review. (a) Once CCC has determined a no interest will be assessed by CCC (a) An entity may appeal any adverse national assessment, CCC will collect under paragraph (d) of this section until determination made under this subpart, that amount on a quarterly basis from all 30 calendar days have elapsed from the including with respect to the amount of domestic manufacturers and importers date CCC provided notification of the the assessment, by submitting a written of tobacco products subject to § 1463.5. amount owed. statement that sets forth the basis of the (b) 30 calendar days prior to the end (b) Payments due under this subpart dispute by submitting such a request to of each calendar year quarter domestic must be submitted to CCC by electronic the Executive Vice President, CCC, at manufacturers and importers of tobacco fund transfer unless prior written 1400 Independence Avenue, SW., Room products will receive notification of: approval has been obtained from CCC. 4080–S, Washington DC 20250–0514, (1) The national assessment; (c) The final two calendar year within 30 business days of the date of (2) The percentage of the national quarterly payments due to CCC under receipt of the notification by CCC of its assessment that has been allocated to this part shall be due to CCC on determination. each class of tobacco product and the September 30, 2014. (b) The Executive Vice President shall total amount of assessments due from (d) Notwithstanding any other assign a person to act as the hearing each such class; provision of this chapter, if CCC has not officer on behalf of CCC. The duty of the (3) Any adjustments that have been received payment of assessments hearing officer will be to develop an from the prior fiscal year with respect to determined to be owed at the end of a administrative record that will provide the allocation of the gross domestic calendar year quarter, CCC will assess the Executive Vice President, or a volume determined for use in a fiscal interest on such unpaid amount designee, with sufficient information to year among the classes of tobacco beginning on the first day of the render a final determination on the products; calendar year quarter immediately matter in dispute. The hearing to be
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conducted by the hearing officer will be turbofan engines, with low pressure (LP) introducing a new design fuel tube, an informal hearing at which the fuel tube, part number (P/N) JR33021A, which eliminates the unsafe condition. appellant may present oral and written installed. That AD currently requires Special Flight Permits Paragraph evidence in support of the appellant’s initial and repetitive inspections of the Removed position. A copy of the rules of conduct LP fuel tubes. This AD requires the that will be applicable to the proceeding same inspections and adds a Paragraph (g) of the current AD, AD will be provided to the appellant upon requirement to replace the fuel tube 2003–05–04, contains a paragraph receipt of the appeal by CCC. with a new design tube, as mandatory pertaining to special flight permits. (c) With respect to any appeal filed terminating action to the repetitive Even though this final rule does not under this section regarding an inspections. This AD results from the contain a similar paragraph, we have assessment imposed on a domestic manufacturer introducing a new design made no changes with regard to the use manufacturer or importer of tobacco fuel tube, which eliminates the unsafe of special flight permits to operate the products, the rules of conduct will condition. We are issuing this AD to airplane to a repair facility to do the provide that within 30 calendar days of prevent a dual-engine flameout due to work required by this AD. In July 2002, receiving the final submission of fuel exhaustion, which could lead to we published a new part 39 that material by the appellant, CCC will forced landing and possible damage to contains a general authority regarding render a final administrative decision. the airplane. special flight permits and airworthiness In the event CCC has not rendered a DATES: This AD becomes effective directives; see Docket No. FAA–2004– decision by such date, all administrative March 17, 2005. The Director of the 8460, Amendment 39–9474 (69 FR remedies available to the appellant shall Federal Register approved the 47998, July 22, 2002). Thus, when we be deemed to be exhausted. incorporation by reference of certain now supersede ADs we will not include (d) Any domestic manufacturer or publications listed in the regulations as a specific paragraph on special flight importer of tobacco products aggrieved of March 17, 2005. permits unless we want to limit the use by a determination made by CCC under ADDRESSES: You can get the service of that general authority granted in this subpart may seek review of the bulletins identified in this AD from section 39.23. determination upon the exhaustion of Rolls-Royce Deutschland Ltd. & Co KG, Examining the AD Docket the administrative remedies provided by Eschenweg 11, D–15827 DAHLEWITZ, this part in the United States District Germany; telephone 49 (0) 33–7086– You may examine the AD Docket Court for the District of Columbia, or for 1768; fax 49 (0) 33–7086–3356. (including any comments and service the district in which such importer or You may examine the AD docket at information), by appointment, between manufacturer has its principal place of the FAA, New England Region, Office of 8 a.m. and 4:30 p.m., Monday through business. the Regional Counsel, 12 New England Friday, except Federal holidays. See Executive Park, Burlington, MA. You ADDRESSES for the location. Subpart B—[Reserved] may examine the service bulletins, at Comments the FAA, New England Region, Office of Signed in Washington, DC on February 3, the Regional Counsel, 12 New England We provided the public the 2005. Executive Park, Burlington, MA; or at opportunity to participate in the James R. Little, the National Archives and Records development of this AD. We received no Executive Vice President, Commodity Credit Administration (NARA). For comments on the proposal or on the Corporation. information on the availability of this determination of the cost to the public. [FR Doc. 05–2552 Filed 2–9–05; 8:45 am] material at NARA, call (202) 741–6030, Conclusion BILLING CODE 3410–05–P or go to: http://www.archives.gov/ federal_register/ We have carefully reviewed the code_of_federal_regulations/ available data and determined that air ibr_locations.html. safety and the public interest require DEPARTMENT OF TRANSPORTATION adopting the AD as proposed. FOR FURTHER INFORMATION CONTACT: Federal Aviation Administration Jason Yang, Aerospace Engineer, Engine Costs of Compliance Certification Office, FAA, Engine and There are about 1,300 RRD Model Tay 14 CFR Part 39 Propeller Directorate, 12 New England 611–8, 620–15, 650–15, and 651–54 [Docket No. 2002–NE–37–AD; Amendment Executive Park, Burlington, MA 01803– turbofan engines of the affected design 39–13962; AD 2005–03–06] 5299; telephone (781) 238–7747; fax in the worldwide fleet. We estimate that (781) 238–7199. 1,206 engines installed on airplanes of RIN 2120–AA64 SUPPLEMENTARY INFORMATION: The FAA U.S. registry would be affected by this Airworthiness Directives; Rolls-Royce proposed to amend 14 CFR part 39 with AD. We also estimate that it will take Deutschland Ltd. & Co KG (formerly a proposed airworthiness directive (AD). about two work hours per engine to Rolls-Royce plc), Model Tay 611–8, The proposed AD applies to RRD Model perform the tube inspection, and two 620–15, 650–15, and 651–54 Turbofan Tay 611–8, 620–15, 650–15, and 651–54 work hours per engine to perform the Engines turbofan engines, with LP fuel tube, tube replacement. The average labor rate P/N JR33021A, installed. We published is $65 per work hour. Required parts AGENCY: Federal Aviation the proposed AD in the Federal Register will cost about $1,300 per engine. Based Administration (FAA), DOT. on June 9, 2004 (69 FR 32285). That on these figures, we estimate the total ACTION: Final rule. action proposed to require initial and cost of the AD to U.S. operators to be repetitive inspections of LP fuel tubes, $1,720,000. SUMMARY: The FAA is superseding an and replacement of the fuel tube with a existing airworthiness directive (AD) for new design tube as mandatory Authority for This Rulemaking Rolls-Royce Deutschland Ltd. & Co KG terminating action to the repetitive Title 49 of the United States Code (RRD) (formerly Rolls-Royce plc) Model inspections. That proposed action specifies the FAA’s authority to issue Tay 611–8, 620–15, 650–15, and 651–54 results from the manufacturer rules on aviation safety. Subtitle I,
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Section 106, describes the authority of the Federal Aviation Administration TAY–73–1553, Revision 2, dated April 23, the FAA Administrator. Subtitle VII, amends 14 CFR part 39 as follows: 2003. Aviation Programs, describes in more (g) Before further flight, for Tay 620–15 and detail the scope of the Agency’s PART 39—AIRWORTHINESS 650–15 turbofan engines, inspect the LP fuel authority. DIRECTIVES tube for fretting, and replace as necessary. Use 3.C.1. through 3.C.13. of the We are issuing this rulemaking under I 1. The authority citation for part 39 Accomplishment Instructions of RRD SB No. the authority described in Subtitle VII, continues to read as follows: TAY–73–1593, dated April 23, 2003. part A, subpart III, section 44701, ‘‘General requirements.’’ Under that Authority: 49 U.S.C. 106(g), 40113, 44701. Repetitive Inspections section, Congress charges the FAA with § 39.13 [Amended] (h) Thereafter, inspect the LP fuel tube for fretting, at intervals not to exceed 2,000 promoting safe flight of civil aircraft in I air commerce by prescribing regulations 2. The FAA amends § 39.13 by hours time-in-service (TIS) since the last for practices, methods, and procedures removing Amendment 39–13080 (69 FR inspection, and replace as necessary. Use the Administrator finds necessary for 11467, March 11, 2003) and by adding a 3.C.1. through 3.C.13. of the Accomplishment new airworthiness directive, Instructions of RRD SBs referenced in safety in air commerce. This regulation paragraphs (f) and (g) of this AD. is within the scope of that authority Amendment 39–13962, to read as because it addresses an unsafe condition follows: Mandatory Terminating Action that is likely to exist or develop on 2005–03–06 Rolls-Royce Deutschland Ltd. (i) As mandatory terminating action to the products identified in this rulemaking & Co KG (formerly Rolls-Royce plc): repetitive inspections required by this AD, action. Amendment 39–13962. Docket No. replace fuel tube, P/N JR33021, with a fuel 2002–NE–37–AD. tube P/N that is not listed in this AD. Regulatory Findings Effective Date Information on fuel tube replacement can be We have determined that this AD will found in RRD SB No. TAY–73–1592, dated (a) This AD becomes effective March 17, April 30, 2003. Use the following compliance not have federalism implications under 2005. Executive Order 13132. This AD will times: (1) For fuel tubes with fewer than 4,000 not have a substantial direct effect on Affected ADs (b) This AD supersedes AD 2003–05–04. hours TIS on the effective date of this AD, the States, on the relationship between replace fuel tube within 10 additional cycles- the national government and the States, Applicability in-service or before reaching 4,000 hours TIS, or on the distribution of power and (c) This AD applies to Rolls-Royce whichever occurs later. responsibilities among the various Deutschland Ltd. & Co KG (RRD) (formerly (2) For fuel tubes with 4,000 or more hours levels of government. Rolls-Royce plc) Model Tay 611–8, 620–15, TIS on the effective date of this AD, replace For the reasons discussed above, I 650–15, and 651–54 turbofan engines, with fuel tube before June 30, 2005. certify that this AD: low pressure (LP) fuel tube, part number (P/ Alternative Methods of Compliance (1) Is not a ‘‘significant regulatory N) JR33021A, installed. These engines are (j) The Manager, Engine Certification action’’ under Executive Order 12866; installed on, but not limited to, Fokker F.28 Mark 0100 airplanes, Supplemental Type Office, has the authority to approve (2) Is not a ‘‘significant rule’’ under alternative methods of compliance for this DOT Regulatory Policies and Procedures Certificate No. SA842SW, Boeing 727 airplanes, and Gulfstream G–IV airplanes. AD, if requested using the procedures found (44 FR 11034, February 26, 1979); and in 14 CFR 39.19. (3) Will not have a significant Unsafe Condition Material Incorporated by Reference economic impact, positive or negative, (d) This AD results from the manufacturer on a substantial number of small entities introducing a new design LP fuel tube which (k) You must use the Rolls-Royce service under the criteria of the Regulatory eliminates the unsafe condition. The actions bulletins listed in Table 1 of this AD to Flexibility Act. specified in this AD are intended to prevent perform the inspections required by this AD. We prepared a summary of the costs a dual-engine flameout due to fuel The Director of the Federal Register approved the incorporation by reference of the to comply with this AD and placed it in exhaustion which could lead to forced landing and possible damage to the airplane. documents listed in Table 1 of this AD in the AD Docket. You may get a copy of accordance with 5 U.S.C. 552(a) and 1 CFR this summary by sending a request to us Compliance part 51. You can get a copy from Rolls-Royce at the address listed under ADDRESSES. (e) You are responsible for having the Deutschland Ltd. & Co KG, Eschenweg 11, D– Include ‘‘AD Docket No. 2002–NE–37– actions required by this AD performed within 15827 DAHLEWITZ, Germany; telephone 49 AD’’ in your request. the compliance times specified unless the (0) 33–7086–1768; fax 49 (0) 33–7086–3356. actions have already been done. You can review copies at the FAA, New List of Subjects in 14 CFR Part 39 England Region, Office of the Regional Initial Inspection Air transportation, Aircraft, Aviation Counsel, 12 New England Executive Park, safety, Incorporation by reference, (f) Before further flight, for Tay 611–8 and Burlington, MA; or at the National Archives Safety. 651–54 turbofan engines with part 4 of RRD and Records Administration (NARA). For service bulletin (SB) TAY–73–1194 information on the availability of this Adoption of the Amendment incorporated, inspect the LP fuel tube for material at NARA, call (202) 741–6030, or go fretting, and replace as necessary. Use 3.C.1. to: http://www.archives.gov/federal_register/ I Accordingly, under the authority through 3.C.13. of the Accomplishment code_of_federal_regulations/ delegated to me by the Administrator, Instructions of RRD Service Bulletin (SB) No. ibr_locations.html. Table 1 follows:
TABLE 1.—INCORPORATION BY REFERENCE
Page number(s) shown on Revision level shown on the Date shown on the Service bulletin the page page page
TAY–73–1553, Total Pages: 11 ...... ALL ...... 2 ...... April 23, 2003. TAY–73–1593, Total Pages: 11 ...... ALL ...... Original ...... April 23, 2003.
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Related Information Federal Register on August 4, 2004 (69 both forward and aft low gear crosstube (l) Luftfhart Bundesamt airworthiness FR 47041). That action proposed to assemblies, or $8,450 per helicopter for directive No. 2002–358/5, dated November require, before further flight, creating a both forward and aft high gear crosstube 18, 2003, and Rolls-Royce Deutschland Ltd. component history card or equivalent assemblies. Based on these figures, the & Co KG Service Bulletin No. TAY–73–1592, record for each crosstube assembly, total cost impact of this AD on U.S. dated April 30, 2003 also address the subject converting accumulated run-on landings operators is estimated to be $2,210,670 of this AD. to an accumulated RIN count, and to replace the low gear crosstube Issued in Burlington, Massachusetts, on establishing a retirement life of 5,000 assemblies on the entire fleet or February 1, 2005. accumulated RIN for the affected $2,778,490 to replace the high-gear Francis A. Favara, crosstube assemblies. crosstube assemblies on the entire fleet Acting Manager, Engine and Propeller Transport Canada, the airworthiness and assuming the costs associated with Directorate, Aircraft Certification Service. authority for Canada, notified the FAA creating and updating the historical [FR Doc. 05–2370 Filed 2–9–05; 8:45 am] that an unsafe condition may exist on component card are negligible. BILLING CODE 4910–13–P Bell Model 407 helicopters. Transport Canada advises that run-on landings Regulatory Findings impose high stress on landing gear The regulations adopted herein will DEPARTMENT OF TRANSPORTATION crosstubes, and to prevent possible not have a substantial direct effect on crosstube failure, the manufacturer has the States, on the relationship between Federal Aviation Administration introduced the life limitation of 5,000 the national Government and the States, RIN. Further evaluation has confirmed or on the distribution of power and 14 CFR Part 39 the possibility that an extensive training responsibilities among the various levels of government. Therefore, it is [Docket No. 2004–SW–07–AD; Amendment environment with run-on landings may 39–13963; AD 2005–03–07] impose high stress on crosstubes. The determined that this final rule does not same condition may result from have federalism implications under RIN 2120–AA64 repetitive landings with forward travel Executive Order 13132. with rotorcraft weight on the skids. For the reasons discussed above, I Airworthiness Directives; Bell Bell has issued Alert Service Bulletin certify that this action (1) is not a Helicopter Textron Canada Model 407 No. 407–03–59, dated October 15, 2003, ‘‘significant regulatory action’’ under Helicopters which specifies assigning a RIN count to Executive Order 12866; (2) is not a AGENCY: Federal Aviation forward and aft crosstube assemblies on ‘‘significant rule’’ under DOT Administration, DOT. Model 407 helicopters. Transport Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) ACTION: Final rule. Canada classified this alert service bulletin as mandatory and issued AD will not have a significant economic SUMMARY: This amendment adopts a No. CF–2004–03, dated February 11, impact, positive or negative, on a new airworthiness directive (AD) for 2004, to ensure the continued substantial number of small entities Bell Helicopter Textron Canada (Bell) airworthiness of these helicopters in under the criteria of the Regulatory Model 407 helicopters that requires Canada. Flexibility Act. A final economic creating a component history card or This helicopter model is evaluation has been prepared for this equivalent record for each crosstube manufactured in Canada and is type action and it is contained in the Rules assembly, converting accumulated run- certificated for operation in the United Docket. A copy of it may be obtained on landings to an accumulated States under the provisions of 14 CFR from the Rules Docket at the FAA, Retirement Index Number (RIN) count, 21.29 and the applicable bilateral Office of the Regional Counsel, and establishing a maximum agreement. Pursuant to the applicable Southwest Region, 2601 Meacham accumulated RIN for certain crosstube bilateral agreement, Transport Canada Blvd., Room 663, Fort Worth, Texas. has kept the FAA informed of the assemblies. This amendment is Authority for This Rulemaking prompted by fatigue testing, analysis, situation described above. The FAA has and evaluation by the manufacturer that examined the findings of Transport Title 49 of the United States Code determined that run-on landings impose Canada reviewed all available specifies the FAA’s authority to issue a high stress on landing gear or information, and determined that AD rules on aviation safety. Subtitle I, crosstubes and may cause cracking in action is necessary for products of this Section 106, describes the authority of the area above the skid tube saddle. The type design that are certificated for the FAA Administrator. Subtitle VII, actions specified by this AD are operation in the United States. Aviation Programs, describes in more intended to prevent fatigue failure in a Interested persons have been afforded detail the scope of the Agency’s crosstube assembly due to excessive an opportunity to participate in the authority. stress during run-on landings and making of this amendment. No We are issuing this rulemaking under subsequent loss of control of the comments were received on the the authority described in Subtitle VII, helicopter. proposal or the FAA’s determination of Part A, Subpart III, Section 44701, the cost to the public. The FAA has ‘‘General requirements.’’ Under that DATES: Effective March 17, 2005. determined that air safety and the section, Congress charges the FAA with FOR FURTHER INFORMATION CONTACT: public interest require the adoption of promoting safe flight of civil aircraft in Sharon Miles, Aviation Safety Engineer, the rule as proposed. air commerce by prescribing regulations FAA, Rotorcraft Directorate, Regulations The FAA estimates that this AD will for practices, methods, and procedures and Policy Group, Fort Worth, Texas affect 319 helicopters of U.S. registry the Administrator finds necessary for 76193–0111, telephone (817) 222–5122, and it will take approximately 4 work safety in air commerce. This regulation fax (817) 222–5961. hours per helicopter to replace the is within the scope of that authority SUPPLEMENTARY INFORMATION: A forward and aft crosstube assemblies at because it addresses an unsafe condition proposal to amend 14 CFR part 39 to an average labor rate of $65 per work that is likely to exist or develop on include an AD for the Bell Model 407 hour. Required parts will cost products identified in this rulemaking helicopters was published in the approximately $6,670 per helicopter for action.
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List of Subjects in 14 CFR Part 39 for this AD, follow the procedures in 14 CFR Department of Transportation, 400 39.19. Contact the Regulations and Policy Seventh Street, SW., Nassif Building, Air transportation, Aircraft, Aviation Group, Rotorcraft Directorate, FAA, for safety, Safety. Room PL–401, Washington, DC 20590– information about previously approved 001 or on the Internet at http:// Adoption of the Amendment alternative methods of compliance. (f) This amendment becomes effective on dms.dot.gov. The docket number is I Accordingly, pursuant to the authority March 17, 2005. FAA–2004–19089. delegated to me by the Administrator, Note 3: The subject of this AD is addressed FOR FURTHER INFORMATION CONTACT: the Federal Aviation Administration in Transport Canada (Canada) AD No. CF– Jeffrey A. Pretz, Aerospace Engineer, amends part 39 of the Federal Aviation 2004–03, dated February 11, 2004. ACE–116W, 1801 Airport Road, Room 100, Wichita, Kansas 67209; telephone: Regulations (14 CFR part 39) as follows: Issued in Fort Worth, Texas, on January 24, 2005. (316) 946–4153; facsimile: (316) 946– PART 39—AIRWORTHINESS 4407. DIRECTIVES Mark R. Schilling, Acting Manager, Rotorcraft Directorate, SUPPLEMENTARY INFORMATION: I 1. The authority citation for part 39 Aircraft Certification Service. Discussion continues to read as follows: [FR Doc. 05–2589 Filed 2–9–05; 8:45 am] Authority: 49 U.S.C. 106(g), 40113, 44701. BILLING CODE 4910–13–P On December 27, 2004, FAA issued AD 2005–01–04, Amendment 39–13928 § 39.13 [Amended] (70 FR 1169, January 6, 2005), which I 2. Section 39.13 is amended by adding DEPARTMENT OF TRANSPORTATION applies to certain Raytheon Aircraft a new airworthiness directive to read as Company 90, 99, 100, 200, and 300 follows: Federal Aviation Administration series airplanes. That AD requires you to check the airplane maintenance 2005–03–07 Bell Helicopter Textron 14 CFR Part 39 Canada (Bell): Amendment 39–13963. records from January 1, 1994, up to and Docket No. 2004–SW–07–AD. [Docket No. 2000–CE–38–AD; Amendment including the effective date of that AD, Applicability: Model 407 helicopters, with 39–13928; AD 2005–01–04] for any MIL-H–6000B fuel hose landing gear crosstube assemblies, part replacements on the affected airplanes. number (P/N) 407–050–101–101 and –103; P/ RIN 2120–AA64 On January 20, 2005, FAA made N 407–050–102–101 and –103; P/N 407–050– corrections to that AD through Federal 201–101 and –103; P/N 407–050–202–101 Airworthiness Directives; Raytheon Register publication (70 FR 3871). That and –103; P/N 407–704–007–119; P/N 407– Aircraft Company 90, 99, 100, 200, and AD correction changed the model 722–101; P/N 407–723–104; P/N 407–724– 300 Series Airplanes number C90B in the applicability 101; or P/N 407–725–104, installed, section to C90A. certificated in any category. AGENCY: Federal Aviation Administration, DOT. Note 1: This AD applicability includes Need for This Action ACTION: Final rule; correction. both Bell crosstube assemblies and Bell’s For clarity purposes, FAA is approved production and spare alternate incorporating the original AD crosstube assemblies from Aeronautical SUMMARY: This document incorporates Accessories Incorporated (AAI). corrections to Airworthiness Directive publication and the correction into one document to help eliminate any Compliance: Required as indicated, unless (AD) 2005–01–04, which was published accomplished previously. in the Federal Register on January 6, confusion. Consequently, we are re- To prevent fatigue failure of the crosstube 2005 (70 FR 1169) with regulatory issuing the AD in its entirety. assembly and subsequent loss of control of corrections published on January 27, List of Subjects in 14 CFR Part 39 the helicopter, accomplish the following: 2005 (70 FR 3871). AD 2005–01–04 (a) Before further flight, create a applies to certain Raytheon Aircraft Air transportation, Aircraft, Aviation component history card or equivalent record Company 90, 99, 100, 200, and 300 safety, Incorporation by reference, for each crosstube assembly. Safety. (b) Before further flight, determine and series airplanes. This action record the accumulated Retirement Index incorporates the corrections into one Adoption of the Amendment document to help eliminate any Number (RIN) for each crosstube assembly as I follows: confusion. We are re-issuing the AD in Accordingly, under the authority (1) For each crosstube assembly, record one its entirety. delegated to me by the Administrator, the Federal Aviation Administration (1) RIN for every run-on landing. EFFECTIVE DATE: The effective date of amends part 39 of the Federal Aviation (2) For any crosstube assembly with an this AD remains February 22, 2005. unknown number of run-on landings, assume Regulations (14 CFR part 39) as follows: and record ten (10) RINs for each 100 hours ADDRESSES: To get the service TIS since the crosstube assembly was information identified in this AD, PART 39—AIRWORTHINESS installed (for example, 5,000 hours of time- contact Raytheon Aircraft Company, PO DIRECTIVES in-service equals 500 RIN). Box 85, Wichita, Kansas 67201–0085; (c) Replace any crosstube assembly on or telephone: (800) 625–7043. To review I 1. The authority citation for part 39 before reaching 5,000 RIN. this service information, go to the continues to read as follows: Note 2: Bell Helicopter Textron Alert National Archives and Records Authority: 49 U.S.C. 106(g), 40113, 44701. Service Bulletin No. 407–03–59, dated Administration (NARA). For October 15, 2003, pertains to the subject of information on the availability of this § 39.13 [Amended] this AD. material at NARA, go to: http:// I 2. FAA amends § 39.13 by removing (d) This AD revises the Airworthiness www.archives.gov/federal_register/ Airworthiness Directive (AD) 98–15–13, Limitations section of the maintenance code_of_federal_regulations/ Amendment 39–10664 (63 FR 38295–98, manual by establishing a retirement life of _ July 16, 1998), and by adding a new AD 5,000 RIN for the affected crosstube ibr locations.html or call (202) 741– assemblies. 6030. to read as follows: (e) To request a different method of To view the AD docket, go to the 2005–01–04 Raytheon Aircraft Company: compliance or a different compliance time Docket Management Facility; U.S. Amendment 39–13928; Docket No.
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FAA–2004–19089; Directorate Identifier What Other ADs Are Affected by This What Airplanes Are Affected by This AD? 2000–CE–38–AD. Action? (c) This AD affects the following airplane When Does This AD Become Effective? (b) This AD supersedes AD 98–15–13, models and serial numbers that are (a) The effective date of this AD (2005–01– Amendment 39–10664. certificated in any category: 04) remains February 22, 2005.
Model Series
(1) 65–90 ...... LJ–1 through LJ–75, and LJ–77 through LJ–113. (2) 65–A90 ...... LJ–76, LJ–114 through LJ–317, and LJ–178A. (3) B90 ...... LJ–318 through LJ–501. (4) C90 ...... LJ–502 through LJ–1062. (5) C90A ...... LJ–1063 through LJ–1287, LJ–1289 through LJ–1294, and LJ–1296 through LJ–1299. (6) C90A ...... LJ–1288, LJ–1295, and LJ–1300 through LJ–1445. (7) E90 ...... LW–1 through LW–347. (8) F90 ...... LA–2 through LA–236. (9) H90 ...... LL–1 through LL–61. (10) 100 ...... B–2 through B–89, and B–93. (11) A100 ...... B–1, B–90 through B–92, B–94 through B–204, and B–206 through B–247. (12) A100–1 (RU–21J) ...... BB–3 through BB–5. (13) B100 ...... BE–1 through BE–137 (14) 200 ...... BB–2, BB–6 through BB–185, BB–187 through BB–202, BB–204 through BB–269, BB–271 through BB–407, BB–409 through BB–468, BB–470 through BB–488, BB–490 through BB– 509, BB–511 through BB–529, BB–531 through BB–550, BB–552 through BB–562, BB–564 through BB–572, BB–574 through BB–590, BB–592 through BB–608, BB–610 through BB– 626, BB–628 through BB–646, BB–648 through BB–664, BB–735 through BB–792, BB–794 through BB–797, BB–799 through BB–822, BB–824 through BB–828, BB–830 through BB– 853, BB–872, BB–873, BB–892, BB–893, and BB–912. (15) 200C ...... BL–1 through BL–23, and BL–25 through BL–36. (16) 200CT ...... BN–1. (17) 200T ...... BT–1 through BT-BT–22, and BT–28. (18) A200 ...... BC–1 through BC–75, and BD–1 through BD–30. (19) A200C ...... BJ–1 through BJ–66. (20) A200CT ...... BP–1, BP–7 through BP–11, BP–22, BP–24 through BP–63, FC–1 through FC–3, FE–1 through FE–36, and GR–1 through GR–19. (21) B200 ...... BB–829, BB–854 through BB–870, BB–874 through BB–891, BB–894, BB–896 through BB– 911, BB–913 through BB–990, BB–992 through BB–1051, BB–1053 through BB–1092, BB– 1094, BB–1095, BB–1099 through BB–1104, BB–1106 through BB–1116, BB–1118 through BB–1184, BB–1186 through BB–1263, BB–1265 through BB–1288, BB-1290 through BB– 1300, BB–1302 through BB–1425, BB–1427 through BB–1447, BB–1449, BB–1450, BB– 1452, BB–1453, BB–1455, BB–1456, and BB–1458 through BB–1536 (22) B200C ...... BL–37 through BL–57, BL–61 through BL–140, BU–1 through BU–10, BV–1 through BV–12, and BW–1 through BW–21. (23) B200CT ...... BN–2 through BN–4, BU–11, BU–12, FG–1, and FG–2. (24) B200T ...... BT–23 through BT–27, and BT–29 through BT–38 (25) 300 ...... FA–1 through BA–230, and FF–1 through FF–19. (26) B300 ...... FL–1 through FL–141. (27) B300C ...... FM–1 through FM–9, and FN–1. (28) 99, 99A, A99, A99A ...... U–1 through U–49, U–51 through U–145, and U–147 (29) B99 ...... U–146, and U–148 through U–164. (30) C99 ...... U–50, and U–165 through U–239.
What Is the Unsafe Condition Presented in specified in this AD are intended to prevent What Must I Do To Address This Problem? This AD? fuel flow interruption, which could lead to (e) To address this problem, you must do (d) This AD is the result of blockage of fuel uncommanded loss of engine power and loss the following: hose due to hose delamination. The actions of control of the airplane.
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Actions Compliance Procedures
(1) For airplanes manufactured prior to January For all affected airplanes other than the Mod- Documented compliance with AD 98–15–13 or 1, 1994, check airplane maintenance records els 99, 99A, A99, A99A, B99, and C99: follow PART II of the ACCOMPLISHMENT for any MIL–H–6000B fuel hose replacement Within 200 hours time-in-service (TIS) after INSTRUCTIONS section in Raytheon Air- from January 1, 1994, up to and including August 28, 1998 (the effective date of AD craft Mandatory Service Bulletin SB 2718, the effective date of this AD. 98–15–13). For all affected Models 99, 99A, Revision 1, dated June 1997; or Revision 2, A99, A99A, B99, and C99 airplanes: Within dated April 2000. An owner/operator holding the next 200 hours TIS after February 22, at least a private pilot certificate as author- 2005 (the effective date of this AD). ized by section 43.7 of the Federal Aviation Regulations (14 CFR 43.7), and must be entered into the aircraft records showing compliance with this AD in accordance with section 43.7 of the Federal Aviation Regula- tions (14 CFR 43.9) can accomplish para- graph (e)(1) required of this AD.
(2) If the airplane records show that a MIL–H– For all affected airplanes other than the Mod- Documented compliance with AD 98–15–13 or 6000B fuel hose has been replaced, inspect els 99, 99A, A99, A99A, B99, and C99: follow PART II of the ACCOMPLISHMENT the airplane fuel hoses for a 3⁄8-inch-wide red Within 200 hours TIS after August 28, 1998 INSTRUCTIONS section in Raytheon Air- or orange-red, length-wise stripe, with manu- (the effective date of AD 98–15–13). For all craft Mandatory Service Bulletin SB 2718, facturer’s code, 94519, printed periodically affected Models 99, 99A, A99, A99A, B99, Revision 1, dated June 1997; or Revision 2, along the line in red letters on one side. The and C99 airplanes: Within the next 200 dated April 2000. hoses have a spiral or diagonal outer wrap hours TIS after February 22, 2005 (the ef- with a fabric-type texture on the rubber sur- fective date of this AD). face.
(3) Replace any fuel hose that matches the de- For all affected airplanes other than the Mod- Documented compliance with this AD 98–15– scription in paragraph (e)(2) of AD with an els 99, 99A, A99, A99A, B99, and C99: 13 or follow PART II of the ACCOMPLISH- FAA-approved MIL–H–6000B fuel hose that Within 200 hours TIS after August 28, 1998 MENT INSTRUCTIONS section in Raytheon has a criss-cross or braided external wrap. (the effective date of AD 98–15–13). For all Aircraft Mandatory Service Bulletin SB affected Models 99, 99A, A99, A99A, B99, 2718, Revision 1, dated June 1997; or Revi- and C99 airplanes: Within the next 200 sion 2, dated April 2000. hours TIS after February 22, 2005 (the ef- fective date of this AD).
(4) For Raytheon Models C90A, B200, and Within 200 hours TIS after August 28, 1998 Documented compliance with AD 98–15–13 or B300 airplanes that were manufactured on (the effective date of AD 98–15–13). follow PART I of ACCOMPLISHMENT IN- January 1, 1994, and after, replace the MIL– STRUCTIONS section in Raytheon Aircraft H–6000B fuel hoses. Mandatory Service Bulletin SB 2718, Revi- sion 1, dated June 1997; or Revision 2, dated April 2000.
(5) Do not install a rubber fuel hose having spi- As of February 22, 2005 (the effective date of Not applicable. ral or diagonal external wrap with a 3⁄8-inch- this AD). wide red or orange-red, length-wise stripe running down the side of the hose, with the manufacturer’s code, 94519, printed periodi- cally along the line in red letters on any of the affected airplanes.
May I Request an Alternative Method of Bulletin SB 2718, Revision 1, dated June dms.dot.gov. The docket number is FAA– Compliance? 1997; or Revision 2, dated April 2000. The 2004–19089. Director of the Federal Register approved the (f) You may request a different method of Issued in Kansas City, Missouri, on incorporation by reference of this service compliance or a different compliance time February 4, 2005. for this AD by following the procedures in 14 bulletin in accordance with 5 U.S.C. 552(a) CFR 39.19. Unless FAA authorizes otherwise, and 1 CFR part 51. To get a copy of this Nancy C. Lane, send your request to your principal service information, contact Raytheon Acting Manager, Small Airplane Directorate, inspector. The principal inspector may add Aircraft Company, P.O. Box 85, Wichita, Aircraft Certification Service. comments and will send your request to the Kansas 67201–0085; telephone: (800) 625– [FR Doc. 05–2604 Filed 2–9–05; 8:45 am] Manager, Standards Office, Small Airplane 7043. To review copies of this service BILLING CODE 4910–13–P Directorate, FAA. For information on any information, go to the National Archives and already approved alternative methods of Records Administration (NARA). For compliance, contact Jeffrey A. Pretz, information on the availability of this Aerospace Engineer, ACE–116W, 1801 material at NARA, go to: http:// Airport Road, Room 100, Wichita, Kansas www.archives.gov/federal_register/ 67209; telephone: (316) 946–4153; facsimile: _ _ _ (316) 946–4407. code of federal regulations/ ibr_locations.html or call (202) 741–6030. To Does This AD Incorporate Any Material by view the AD docket, go to the Docket Reference? Management Facility; U.S. Department of (g) You must do the actions required by Transportation, 400 Seventh Street, SW., this AD following the instructions in Nassif Building, Room PL–401, Washington, Raytheon Aircraft Mandatory Service DC 20590–0001 or on the Internet at http://
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DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: This published in the Federal Register, and amendment to 14 CFR part 71 modifies a notice of proposed rulemaking may be Federal Aviation Administration the Class E airspace area extending published with a new comment period. upward from 700 feet above the surface Comments Invited 14 CFR Part 71 at Nevada, MO. An examination of controlled airspace for Nevada, MO Interested parties are invited to [Docket No. FAA–2005–20062; Airspace participate in this rulemaking by Docket No. 05–ACE–4] revealed the Nevada Municipal Airport ARP used in the legal description is submitting such written data, views, or Modification of Class E Airspace; incorrect, the location of the Nevada arguments, as they may desire. Nevada, MO NDB is erroneous and extensions to the Comments that provide the factual basis airspace area do not comply with supporting the views and suggestions AGENCY: Federal Aviation airspace requirements as set forth in presented are particularly helpful in Administration (FAA), DOT. FAA Orders 7400.2E, Procedures for developing reasoned regulatory ACTION: Direct final rule; request for Handling Airspace Matters and decisions on the proposal. Comments comments. 8260.19C, Flight Procedures and are specifically invited on the overall Airspace. This action decreases the regulatory, aeronautical, economic, SUMMARY: This action amends Title 14 length of the current northeast extension environmental, and energy-related Code of Federal Regulations, part 71 (14 from 7.5 miles to 7 miles, decreases the aspects of the proposal. CFR part 71) by revising Class E width of this extension from 2.6 miles Communications should identify both airspace at Nevada, MO. A review of the to 2.5 miles either side of centerline and docket numbers and be submitted in Class E airspace area extending upward defines the extension in relation to the triplicate to the address listed above. from 700 feet above the surface at Nevada NDB. This action also creates an Commenters wishing the FAA to Nevada, MO, revealed it does not reflect additional northeast extension 2 miles acknowledge receipt of their comments the current Nevada Municipal Airport either side of 025° bearing from the on this notice must submit with those airport reference point (ARP) nor the airport extending from the 6.6-mile comments a self-addressed, stamped correct location of the Nevada radius to 9.5 miles northeast of the postcard on which the following nondirectional radio beacon (NDB) and airport, corrects the ARP and location of statement is made: ‘‘Comments to is not in compliance with established the Nevada NDB in the legal description Docket No. FAA–2005–20062/Airspace airspace criteria. Extensions to this and brings the legal description of the Docket No. 05–ACE–4.’’ The postcard airspace area are enlarged and modified airspace area into compliance with FAA will be date/time stamped and returned to conform to FAA Orders. The Orders 7400.2E and 8260.19C. This area to the commenter. intended effect of this rule is to provide will be depicted on appropriate Agency Findings controlled airspace of appropriate aeronautical charts. Class E airspace dimensions to protect aircraft departing areas extending upward from 700 feet or The regulations adopted herein will from and executing Standard Instrument more above the surface of the earth are not have substantial direct effect on the Approach Procedures (SIAPs) to Nevada published in paragraph 6005 of FAA States, on the relationship between the Municipal Airport. Order 7400.9M, Airspace Designations National Government and the States, or on the distribution of power and DATES: This direct final rule is effective and Reporting Points, dated August 30, on 0901 UTC, May 12, 2005. Comments 2004, and effective September 16, 2004, responsibilities among the various for inclusion in the Rules Docket must which is incorporated by reference in 14 levels government. Therefore, it is be received on or before March 14, 2005. CFR 71.1. The Class E airspace determined that this final rule does not designation listed in this document will have federalism implications under ADDRESSES: Send comments on this be published subsequently in the Order. Executive Order 13132. proposal to the Docket Management The FAA has determined that this System, U.S. Department of The Direct Final Rule Procedure regulation only involves an established Transportation, Room Plaza 401, 400 The FAA anticipates that this body of technical regulations for which Seventh Street, SW., Washington, DC regulation will not result in adverse or frequent and routine amendments are 20590–0001. You must identify the negative comment and, therefore, is necessary to keep them operationally docket number FAA–2005–20062/ issuing it as a direct final rule. Previous current. Therefore, this regulation—(1) Airspace Docket No. 05–ACE–4, at the actions of this nature have not been is not a ‘‘significant regulatory action’’ beginning of your comments. You may controversial and have not resulted in under Executive Order 12866; (2) is not also submit comments on the Internet at adverse comments or objections. Unless a ‘‘significant rule’’ under DOT http://dms.dot.gov. You may review the a written adverse or negative comment Regulatory Policies and Procedures (44 public docket containing the proposal, or a written notice of intent to submit FR 11034; February 26, 1979); and (3) any comments received, and any final an adverse or negative comment is does not warrant preparation of a disposition in person in the Dockets received within the comment period, Regulatory Evaluation as the anticipated Office between 9 a.m. and 5 p.m., the regulation will become effective on impact is so minimal. Since this is a Monday through Friday, except Federal the date specified above. After the close routine matter that will only affect air holidays. The Docket Office (telephone of the comment period, the FAA will traffic procedures and air navigation, it 1–800–647–5527) is on the plaza level publish a document in the Federal is certified that this rule, when of the Department of Transportation Register indicating that no adverse or promulgated, will not have a significant NASSIF Building at the above address. negative comments were received and economic impact on a substantial FOR FURTHER INFORMATION CONTACT: confirming the date on which the final number of small entities under the Brenda Mumper, Air Traffic Division, rule will become effective. If the FAA criteria of the Regulatory Flexibility Act. Airspace Branch, ACE–520A, DOT does receive, within the comment This rulemaking is promulgated Regional Headquarters Building, Federal period, an adverse or negative comment, under the authority described in subtitle Aviation Administration, 901 Locust, or written notice of intent to submit VII, part a, subpart I, section 40103. Kansas City, MO 64106; telephone: such a comment, a document Under that section, the FAA is charged (816) 329–2524. withdrawing the direct final rule will be with prescribing regulations to assign
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the use of the airspace necessary to DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: This ensure the safety of aircraft and the amendment to 14 CFR Part 71 modifies efficient use of airspace. This regulation Federal Aviation Administration the Class E airspace area extending is within the scope of that authority upward from 700 feet above the surface since it contains aircraft executing 14 CFR Part 71 at Ozark, MO. An examination of instrument approach procedures to [Docket No. FAA–2005–20061; Airspace controlled airspace for Ozark, MO Nevada Municipal Airport. Docket No. 05–ACE–3] revealed the Class E area does not comply with airspace requirements for List of Subjects in 14 CFR Part 71 Modification of Class E Airspace; diverse departures from Air Park South Ozark, MO Airport as set forth in FAA Order Airspace, Incorporation by reference, 7400.2E, Procedures for Handling AGENCY: Navigation (air). Federal Aviation Airspace Matters. The criteria in FAA Administration (FAA), DOT. Adoption of the Amendment Order 7400.2E for an aircraft to reach ACTION: Direct final rule; request for 1200 feet AGL, taking into consideration comments. I Accordingly, the Federal Aviation rising terrain, is based on a standard Administration amends 14 CFR part 71 SUMMARY: This action amends Title 14 climb gradient of 200 feet per mile plus as follows: Code of Federal Regulations, part 71 (14 the distance from the airport reference CFR part 71) by revising Class E point to the end of the outermost PART 71—DESIGNATION OF CLASS A, airspace at Ozark, MO. A review of the runway. Any fractional part of a mule is CLASS B, CLASS C, CLASS D, AND Class E airspace area extending upward converted to the next higher tenth of a CLASS E AIRSPACE AREAS; from 700 feet above ground level (AGL) mile. Additionally, the examination AIRWAYS; ROUTES; AND REPORTING at Ozark, MO revealed it is not in revealed the description and POINTS compliance with established airspace dimensions of the north extension to the criteria. This airspace area is enlarged airspace area were not in compliance I 1. The authority citation for part 71 and modified to conform to FAA with FAA Orders 7400.2ZE and continues to read as follows: Orders. The intended effect of this rule 8260.19C, Flight Procedures and is to provide controlled airspace of Airspace. This amendment expands the Authority: 49 U.S.C. 106(g), 40103, 40113, appropriate dimensions to protect airspace area from a 6-mile to a 6.8-mile 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– aircraft departing from and executing radius of Air Park South Airport, 1963 Comp., p. 389. Standard Instrumental Approach decreases the width of the north extension from 2.6 miles to 2 miles each § 71.1 [Amended] Procedures (SIAPs) to Air Park South Airport. This rule also amends the Air side of the Springfield collocated very I 2. The incorporation by reference in 14 Park South Airport airport reference high frequency omni-directional radio CFR 71.1 of Federal Aviation range and tactical air navigational aid point (ARP) in the legal description to ° Administration Order 7400.9M, dated reflect current data. The area is (VORTAC) 165 radial and defines the August 30, 2004, and effective modified and enlarged to conform to the extension in relation to the VORTAC. September 16, 2004, is amended as criteria in FAA Orders. Additionally, the Air Park South Airport ARP is corrected in the legal follows: DATES: This direct final rule is effective description. These modifications on 0901 UTC, May 12, 2005. Comments provide controlled airspace of Paragraph 6005 Class E airspace areas for inclusion in the Rules Docket must appropriate dimensions to protect extending upward from 700 feet or more be received on or before March 14, 2005. above the surface of the earth. aircraft departing from and existing ADDRESSES: Send comments on this SIAPs to Air Park South Airport and * * * * * proposal to the Docket Management bring the legal description of the Ozark, System, U.S. Department of ACE MO E5 Nevada, MO MO Class E airspace area into Transportation, Room Plaza 401, 400 compliance with FAA Orders 7400.2E Nevada Municipal Airport, MO Seventh Street, SW., Washington, DC (Lat. 37°51′07″ N., long. 94°18′18″ W.) and 8260.19C. This area will be 20590–0001. You must identify the depicted on appropriate aeronautical Nevada NDB docket number FAA–2005–20061/ (Lat. 37°51′32″ N., long. 94°18′10″ W.) charts. Class E airspace areas extending Airspace Docket No. 05–ACE–3, at the upward from 700 feet or more above the That airspace extending upward from 700 beginning of your comments. You may surface of the earth are published in feet above the surface within a 6.6-mile also submit comments on the Internet at paragraph 6005 of FAA Order 7400.9M, radius of Nevada Municipal Airport and http://dms.dot.gov. You may review the Airspace Designations and Reporting within 2 miles each side of the 025° bearing public docket containing the proposal, Points, dated August 30, 2004, and from the airport extending from the 6.6-mile any comments received, and any final effective September 16, 2004, which is radius to 9.5 miles northeast of the airport disposition in person in the Dockets incorporated by reference in 14 CFR and within 2.5 miles each side of the 036° Office between 9 a.m. and 5 p.m., 71.1. The Class E airspace designation bearing from the Nevada NDB extending from Monday through Friday, except Federal listed in this document will be the 6.6-mile radius of the airport to 7 miles holidays. The Docket Office (telephone published subsequently in the Order. northeast of the NDB. 1–800–647–5527) is on the plaza level * * * * * of the Department of Transportation The Direct Final Rule Procedure Issued in Kansas City, MO, on January 26, NASSIF Building at the above address. The FAA anticipates that this 2005. FOR FURTHER INFORMATION CONTACT: regulation will not result in adverse or Brenda Mumper, Air Traffic Division, negative comment and, therefore, is Elizabeth S. Wallis, Airspace Branch, ACE–520A, DOT issuing it as a direct final rule. Previous Acting Area Director, Western Flight Services Regional Headquarters Building, Federal actions of this nature have not been Operations. Aviation Administration, 901 Locust, controversial and have not resulted in [FR Doc. 05–2553 Filed 2–9–05; 8:45 am] Kansas City, MO 64106; telephone: adverse comments or objections. Unless BILLING CODE 4910–13–M (816) 329–2524. a written adverse or negative comment,
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or a written notice of intent to submit FR 11034; February 26, 1979); and (3) Issued in Kansas City, MO, on January 25, an adverse or negative comment is does not warrant preparation of a 2005. received within the comment period, Regulatory Evaluation as the anticipated Elizabeth S. Wallis, the regulation will become effective on impact is so minimal. Since this is a Acting Area Director, Western Flight Services the date specified above. After the close routine matter that will only affect air Operations. of the comment period, the FAA will traffic procedures and air navigation, it [FR Doc. 05–2554 Filed 2–9–05; 8:45 am] publish a document in the Federal is certified that this rule, when BILLING CODE 4910–13–M Register indicating that no adverse or promulgated, will not have a significant negative comments were received and economic impact on a substantial confirming the date on which the final number of small entities under the DEPARTMENT OF COMMERCE rule will become effective. If the FAA criteria of the Regulatory Flexibility Act. does receive, within the comment This rulemaking is promulgated National Oceanic and Atmospheric period, an adverse or negative comment, under the authority described in subtitle Administration or written notice of intent to submit VII, part A, subpart I, section 40103. such a comment, a document Under that section, the FAA is charged 15 CFR Part 902 and 50 CFR Part 660 withdrawing the direct final rule will be with prescribing regulations to assign published in the Federal Register, and the use of the airspace necessary to [Docket No. 031125294–5018–03; I.D. 102903C] a notice of proposed rulemaking may be ensure the safety of aircraft and the published with a new comment period. efficient use of airspace. This regulation RIN 0648–AP42 is within the scope of that authority Comments Invited since it contains aircraft executing Fisheries Off West Coast States and in Interested parties are invited to instrument approach procedures to Air the Western Pacific; Highly Migratory participate in this rulemaking by Park South Airport. Species Fisheries; Data Collection submitting such written data, views, or Requirements for U.S. Commercial and arguments, as they may desire. List of Subjects in 14 CFR Part 71 Recreational Charter Fishing Vessels Comments that provide the factual basis Airspace, Incorporation by reference, AGENCY: supporting the views and suggestions Navigation (air). National Marine Fisheries Service (NMFS), National Oceanic and presented are particularly helpful in Adoption of the Amendment developing reasoned regulatory Atmospheric Administration (NOAA), decisions on the proposal. Comments I Accordingly, the Federal Aviation Commerce. are specifically invited on the overall Administration amends 14 CFR 71 as ACTION: Final rule; effectiveness of regulatory, aeronautical, economic, follows: collection-of-information requirements. environmental, and energy-related SUMMARY: NMFS announces approval by aspects of the proposal. PART 71—DESIGNATION OF CLASS A, the Office of Management and Budget Communications should identify both CLASS B, CLASS C, CLASS D, AND (OMB) of collection-of-information docket numbers and be submitted in CLASS E AIRSPACE AREAS; requirements pertaining to permits, triplicate to the address listed above. AIRWAYS; ROUTES; AND REPORTING logbooks, vessel monitoring systems Commenters wishing the FAA to POINTS (VMS), and pre-trip notifications acknowledge receipt of their comments I 1. The authority citation for part 71 contained in the final rule to implement on this notice must submit with those continues to read as follows: the approved portions of the U.S. West comments a self-addressed, stamped Authority: 49 U.S.C. 106(g), 40103, 40113, Coast Highly Migratory Species Fishery postcard on which the following 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Management Plan (HMS FMP). The statement is made: ‘‘Comments to 1963 Comp., p. 389. HMS FMP was partially approved on Docket No. FAA–2005–20061/Airspace February 4, 2004, and the final rule to Docket Nol 05–ACE–3.’’ The postcard § 71.1 [Amended] implement the approved portions of the will be date/time stamped and returned I 2. The incorporation by reference in 14 HMS FMP was published in the Federal to the commenter. CFR 71.1 of Federal Aviation Register on April 7, 2004. At that time, Agency Findings Administration Order 7400.9M, dated the HMS FMP final rule contained August 30, 2004, and effective The regulations adopted herein will collection-of-information requirements September 16, 2004, is amended as subject to the Paperwork Reduction Act not have a substantial direct effect on follows: the States, on the relationship between (PRA) that were undergoing OMB review. This action announces receipt of the national Government and the States, Paragraph 6005 Class E airspace areas or on the distribution of power and extending upward from 700 feet or more OMB approval of data collections in the responsibilities among the various above the surface of the earth. HMS FMP final rule for HMS permits, levels of government. Therefore, it is * * * * * recordkeeping and reporting (daily determined that this final rule does not logbooks), VMS, and pre-trip have federalism implications under ACE MO E5 Ozark, MO notification requirements for West Coast Ozark, Air Park South Airport, MO based U.S. fishing vessels targeting Executive Order 13132. ° ′ ″ ° ′ ″ The FAA has determined that this (Lat. 37 03 34 N., long. 93 14 03 W.) HMS. The intent of this notice is to regulation only involves an established Springfield VORTAC inform the public of the effective date of (Lat. 37°21′21″ N., long. 93°20′03″ W.) body of technical regulations for which the requirements approved by OMB. That airspace extending upward from 700 DATES: frequent and routine amendments are feet above the surface within a 6.8-mile This rule is effective February necessary to keep them operationally radius of Air Park South Airport and within 10, 2005. Title 50 § 660.707 permits, current. Therefore, this regulation—(1) 2 miles each side of the Springfield VORTAC § 660.708 reporting and recordkeeping, is not a ‘‘significant regulatory action’’ 165° radial extending from the 6.8-mile § 660.712(d) VMS, and § 660.712(f) pre- under Executive Order 12866; (2) is not radius of the airport to 10 miles south of the trip notification of the final rule for the a ‘‘significant rule’’ under DOT VORTAC. U.S. West Coast Highly Migratory Regulatory Policies and Procedures (44 * * * * * Species Fishery Management Plan
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published on April 7, 2004 (69 FR notification. These sections are effective A copy of these documents is available 18444), are effective on April 11, 2005. April 11, 2005 and will be enforced upon request (see ADDRESSES). ADDRESSES: Copies of the HMS FMP beginning on that date. Section 660.707 Under this HMS FMP final rule there may be obtained from Donald O. requires a HMS permit with an will be no Federal fee borne by the McIsaac, Executive Director, Pacific endorsement for a specific gear for all fishing industry for the required HMS Fishery Management Council, 7700 NE commercial and recreational charter permit. Industry costs arise from the Ambassador Place, Suite 200, Portland, fishing vessels fishing for HMS. Section time required to recover the necessary OR 97220–1384. Copies of the HMS 660.708 requires all HMS permit information and complete the permit FMP final rule, the Final Environmental holders to maintain and submit to forms. The permit requirement under Impact Statement (FEIS), the Final NMFS a daily logbook of catch and this final rule will establish an initial Regulatory Impact Review (RIR), and the effort in the HMS fisheries. Section one-time reporting burden of 562.9 Final Regulatory Flexibility Analysis 660.712(d) requires the holder of a HMS hours for the 1,337 participating vessels (FRFA) are available from NMFS, permit registered for use of longline gear (an average of 0.42 hours/per vessel). Southwest Regional Office, 501 West to carry a vessel monitoring system Permits are valid for 2 years, so the Ocean Boulevard, Suite 4200, Long (VMS) onboard the vessel after the date additional annualized burden is 281.5 Beach, CA 90802. Copies of the Small scheduled for installation by the NMFS. hours for initial permit issuance. Entity Compliance Guide for the HMS Section 660.712(f) requires that an This final rule requires all surface FMP final rule are available on the operator of a vessel registered for use of hook and line fishing vessels targeting Southwest Region, NMFS website http:/ longline gear must notify NMFS at least HMS to maintain and submit logbooks /swr.nmfs.noaa.gov. Written comments 24 hours prior to embarking on a fishing for fishing in the U.S. EEZ and on the regarding the burden-hour estimates or trip regardless of the intended area of adjacent high seas areas covered under other aspects of the collection-of- fishing. The OMB has not yet cleared the HSFCA if they do not already information requirements contained in the vessel identification requirements submit logbooks under another this final rule should be submitted to detailed in 50 CFR 660.704, and those regulation. This final rule establishes an Rodney A. McInnis, Regional requirements will be dealt with in a annual reporting burden of 2,661 hours Administrator, NMFS, Southwest future Federal Register document. for the 887 participating vessels (887 Regional Office at the above address. Pursuant to the PRA, part 902 of title 15 vessels x 3 trips per year x 1 hour per These comments may also be submitted CFR displays control numbers assigned trip to report). by e-mail to to NMFS information collection For VMS, the reporting burden for the [email protected], or to the requirements by OMB. This part fulfills longline fleet is estimated to be 324.6 Federal e-rulemaking portal http:// the requirements of section hours based on 20 longline vessels www.regulations.gov, or faxed to 202– 3506(c)(1)(B)(i) of the PRA, which making 6 trips each year, with an 395–7285. requires that agencies display a current average of 15 days at sea for each trip FOR FURTHER INFORMATION CONTACT: control number, assigned by the (24 reports/day x 24 sec/report). Craig Heberer, Sustainable Fisheries Director of OMB, for each agency This final rule contains new Division, Southwest Region, NMFS, information collection requirement. collection-of-information requirements 562–980–4034 or 760–431–9440, ext. This final rule codifies OMB control approved by OMB under the PRA. 303. numbers for 0648–0204 for § 660.707 Public reporting burden for these and 0648–0498 for §§ 660.708, collections of information are estimated SUPPLEMENTARY INFORMATION: On April 660.712(d), and 660.712(f). to average as follows: 7, 2004 (69 FR 18444), NMFS published 1. Twenty to thirty five minutes for a Classification a final rule that implemented the permit application depending on the approved portion of the HMS FMP The Regional Administrator, NMFS, extent of correction of information on establishing, among other measures, Southwest Region determined that the application forms and of new data collection and reporting data collection requirements information to be submitted on those requirements for U.S. West Coast implemented by this final rule are forms, commercial and recreational charter necessary for the conservation and 2. Five minutes for filling out the fishing vessels targeting HMS. The HMS management of the U.S. West Coast HMS log each day, FMP final rule contained collection-of- HMS fisheries and are consistent with 3. Five minutes for a pre-trip information requirements that could not the Magnuson-Stevens Fishery notification by longline vessel operators, be enforced prior to approval by the Conservation and Management Act and 4. Four hours for installation of a OMB under the PRA. Delayed other applicable law. VMS on longline vessels, enforcement of these sections were The data collection requirements 5. Two hours for maintenance of the announced in the April 7, 2004, HMS implemented by this final rule have VMS system, FMP final rule pending OMB approval been determined to be not significant for 6. Twenty four seconds for each of the proposed collections-of- purposes of Executive Order 12866. electronic report submitted via the information. In the HMS FMP final rule, NMFS, pursuant to section 604 of the satellite based VMS. NMFS requested comments on the Regulatory Flexibility Act (RFA), These estimates include the time for reporting burden estimate or any other prepared a FRFA in support of the HMS reviewing instructions, searching aspect of the collection-of-information FMP final rule published April 7, 2004. existing data sources, gathering and requirements. No comments were The FRFA described the economic maintaining the data needed, and received on the collection-of- impact that this final rule, along with completing and reviewing the collection information requirements. OMB has other non-preferred alternatives, will information. Public comment is sought approved the collections-of-information have on small entities, including HMS regarding: whether this collection of requirements codified at 50 CFR commercial and recreational charter information is necessary for the proper 660.707 for permits; § 660.708 for fishing vessels affected by this action. performance of the functions of the recordkeeping and reporting; The contents of the FRFA and the agency, including whether the § 660.712(d) for a vessel monitoring incorporated documents (the IRFA, the information shall have practical utility; system, and § 660.712(f) for pre-trip RIR, and the FEIS) are not repeated here. the accuracy of the burden estimate;
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ways to enhance the quality, utility, and I 2. In § 902.1, the table in paragraph (b) 20 feet at mean high water and 24 feet clarity of the information to be under 50 CFR is amended by adding in at mean low water. The existing collected; and ways to minimize the numerical order entries for §§660.707, regulations are listed at 33 CFR burden of the collection of information, 660.708, and 660.712(d) and (f) as 117.799(g). including through the use of automated follows: The bridge owner, Nassau County collection techniques or other forms of Department of Public Works, requested § 902.1 OMB Control numbers assigned information technology. Send comments pursuant to the Paperwork Reduction Act. a temporary deviation for the Long or any other aspects of the collections of Beach Bridge to facilitate scheduled information to NMFS (see ADDRESSES). * * * * * maintenance repairs, gear rack repairs, (b)* * * Notwithstanding any other provisions at the bridge. of the law, no person is required to Current Under this temporary deviation the respond to, and no person shall be OMB con- Long Beach Bridge need not open for subject to penalty for failure to comply CFR part or section where the trol num- vessel traffic from February 21, 2005 information collection require- ber (All through February 27, 2005. with, a collection of information subject ment is located numbers to the requirements of the PRA, unless begin with This deviation from the operating that collection of information displays a 0648–) regulations is authorized under 33 CFR currently valid OMB control number. 117.35, and will be performed with all ***** due speed in order to return the bridge Small Entity Compliance Guide to normal operation as soon as possible. Section 212 of the Small Business 50 CFR Dated: January 31, 2005. Regulatory Enforcement Fairness Act of ***** Gary Kassof, 1996 states that for each rule or group Bridge Program Manager, First Coast Guard of related rules for which an agency is 660.707 –0204 District. 660.708 –0498 required to prepare a FRFA, the agency [FR Doc. 05–2557 Filed 2–9–05; 8:45 am] 660.712(d) and (f) –0498 shall publish one or more guides to BILLING CODE 4910–15–P assist small entities in complying with ***** the rule, and shall designated such publications as ‘‘small entity compliance guides.’’ The agency shall [FR Doc. 05–2531 Filed 2–9–05; 8:45 am] ENVIRONMENTAL PROTECTION AGENCY explain the actions a small entity is BILLING CODE 3510–22–S required to take to comply with a rule or group of rules. As part of this 40 CFR Part 52 rulemaking process, a small entity DEPARTMENT OF HOMELAND [WV100–6030; FRL–7861–3] compliance guide was prepared for the SECURITY HMS FMP final rule. This guide will be Approval and Promulgation of Air posted on the NMFS SWR website Coast Guard Quality Implementation Plans; West (http://swr.nmfs.noaa.gov) and a hard Virginia; Revised Format of 40 CFR copy will be sent to all interested parties 33 CFR Part 117 Part 52 for Materials Being upon request (see FOR FURTHER [CGD01–05–008] Incorporated by Reference INFORMATION CONTACT). AGENCY: Environmental Protection List of Subjects Drawbridge Operation Regulations: Long Island, New York Inland Agency (EPA). 15 CFR Part 902 Waterway From East Rockaway Inlet to ACTION: Final rule; notice of Reporting and recordkeeping Shinnecock Canal, NY administrative change. requirements. AGENCY: Coast Guard, DHS. SUMMARY: EPA is revising the format for 50 CFR Part 660 ACTION: Notice of temporary deviation. materials submitted by West Virginia that are incorporated by reference (IBR) Permits and Reporting and SUMMARY: The Commander, First Coast into its State implementation plan (SIP). recordkeeping requirements. Guard District, has issued a temporary The regulations affected by this format deviation from the drawbridge operation Dated: February 4, 2005. change have all been previously regulations governing the operation of Rebecca Lent, submitted by West Virginia and the Long Beach Bridge, at mile 4.7, approved by EPA. This format revision Deputy Assistant Administrator or Regulatory across Reynolds Channel New York. Programs, National Marine Fisheries Service. will primarily affect the ‘‘Identification This temporary deviation allows the of plan’’ section, as well as the format I For the reasons set out in the preamble, bridge to remain in the closed position of the SIP materials that will be 15 CFR chapter IX, Part 902, is amended from February 21, 2005 through available for public inspection at the as follows: February 27, 2005. This temporary National Archives and Records deviation is necessary to facilitate 15 CFR Chapter IX Administration (NARA), the Air and scheduled bridge maintenance. Radiation Docket and Information PART 902—NOAA INFORMATION DATES: This temporary deviation is Center located at EPA Headquarters in COLLECTION REQUIREMENTS UNDER effective from February 21, 2005 Washington, DC, and the EPA Regional THE PAPERWORK REDUCTION ACT: through February 27, 2005. Office. EPA is also adding a table in the OMB CONTROL NUMBERS FOR FURTHER INFORMATION CONTACT: Judy ‘‘Identification of plan’’ section which Leung-Yee, Project Officer, First Coast summarizes the approval actions that I 1. The authority citation for part 902 Guard District, at (212) 668–7165. EPA has taken on the non-regulatory continues to read as follows: SUPPLEMENTARY INFORMATION: The Long and quasi-regulatory portions of the Authority: 44 U.S.C. 3501 et seq. Beach Bridge has a vertical clearance of West Virginia SIP.
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EFFECTIVE DATE: This final rule is Regulations (40 CFR part 52). The actual nonregulatory SIP provision. In this effective on February 10, 2005. state regulations approved by EPA are action, EPA is publishing the tables ADDRESSES: SIP materials which are not reproduced in their entirety in 40 summarizing the applicable SIP incorporated by reference into 40 CFR CFR part 52, but are ‘‘incorporated by requirements for West Virginia. The part 52 are available for inspection at reference’’ (IBR’d) which means that EPA Regional Offices have the primary the following locations: Air Protection EPA has approved a given state responsibility for updating the Division, U.S. Environmental Protection regulation with a specific effective date. compilations and ensuring their Agency, Region III, 1650 Arch Street, This format allows both EPA and the accuracy. Philadelphia, Pennsylvania 19103; the public to know which measures are Where you can find a copy of the SIP Air and Radiation Docket and contained in a given SIP and ensures compilation—EPA Region III developed Information Center, U.S. Environmental that the state is enforcing the and will maintain the compilation for Protection Agency, 1301 Constitution regulations. It also allows EPA and the West Virginia. A copy of the full text of Avenue, NW., Room B108, Washington, public to take enforcement action, West Virginia’s regulatory and source- DC 20460; or the National Archives and should a state not enforce its SIP- specific SIP compilation will also be Records Administration (NARA). For approved regulations. maintained at NARA and EPA’s Air information on the availability of this How the State and EPA updates the Docket and Information Center. material at NARA, call 202–741–6030, SIP—The SIP is a living document The format of the new Identification or go to: http://www.archives.gov/ which the state can revise as necessary of Plan section—In order to better serve federal_register/ to address the unique air pollution the public, EPA revised the organization code_of_federal_regulations/ problems in the state. Therefore, EPA of the ‘‘Identification of plan’’ section ibr_locations.html. must, from time to time, take action on and included additional information to SIP revisions containing new and/or clarify the enforceable elements of the FOR FURTHER INFORMATION CONTACT: revised regulations in order to make SIP. The revised Identification of plan Harold A. Frankford, (215) 814–2108 or them part of the SIP. On May 22, 1997 section contains five subsections: by e-mail at [email protected]. (62 FR 27968), EPA revised the 1. Purpose and scope. SUPPLEMENTARY INFORMATION: The procedures for incorporating by 2. Incorporation by reference. supplementary information is organized reference Federally-approved SIPs, as a 3. EPA-approved regulations. in the following order: result of consultations between EPA and 4. EPA-approved source-specific the Office of the Federal Register (OFR). permits. I. Background 5. EPA-approved nonregulatory and What a SIP is. EPA began the process of developing: How EPA enforces SIPs. (1) A revised SIP document for each quasi-regulatory provisions such as air How the State and EPA updates the SIP. state that would be IBR’d under the quality attainment plans, rate of How EPA compiles the SIPs. provisions of Title 40 CFR part 51; (2) progress plans, maintenance plans, How EPA organizes the SIP compilation. a revised mechanism for announcing monitoring networks, and small Where you can find a copy of the SIP EPA approval of revisions to an business assistance programs. compilation. applicable SIP and updating both the When a SIP revision becomes The format of the new Identification of IBR document and the CFR; and (3) a federally enforceable—All revisions to Plan section. revised format of the ‘‘Identification of the applicable SIP become federally When a SIP revision becomes federally plan’’ sections for each applicable enforceable as of the effective date of the enforceable. revisions to paragraphs (c), (d), or (e) of The historical record of SIP revision subpart to reflect these revised IBR approvals. procedures. The description of the the applicable Identification of Plan II. What EPA Is Doing in This Action revised SIP document, IBR procedures, section found in each subpart of 40 CFR III. Statutory and Executive Order Reviews and ‘‘Identification of plan’’ format are part 52. In general, SIP revisions become discussed in further detail in the May effective 30 to 60 days after publication I. Background 22, 1997, Federal Register document. of EPA’s SIP approval action in the What a SIP is—Each state has a SIP How EPA compiles the SIPs—The Federal Register. In specific cases, a SIP containing the control measures and Federally-approved regulations, source- revision action may become effective strategies used to attain and maintain specific permits, and nonregulatory less than 30 days or greater than 60 days the national ambient air quality provisions (entirely or portions of) after the Federal Register publication standards (NAAQS). The SIP is submitted by each state agency have date. In order to determine the effective extensive, containing such elements as been compiled by EPA into a ‘‘SIP date for a specific West Virginia SIP air pollution control regulations, compilation.’’ The SIP compilation provision that is listed in paragraph emission inventories, monitoring contains the updated regulations, 52.2520(c),(d), or (e) charts, consult the network, attainment demonstrations, source-specific permits, and Federal Register date, volume and page and enforcement mechanisms. nonregulatory provisions approved by cited in the ‘‘EPA approval date’’ How EPA enforces SIPs—Each state EPA through previous rulemaking column for that particular provision. must formally adopt the control actions in the Federal Register. The historical record of SIP revision measures and strategies in the SIP after How EPA organizes the SIP approvals—To facilitate enforcement of the public has had an opportunity to compilation—Each compilation previously approved SIP provisions and comment on them. They are then contains three parts. Part one contains provide a smooth transition to the new submitted to EPA as SIP revisions upon the regulations, part two contains the SIP processing system, EPA retains the which EPA must formally act. Once source-specific requirements that have original Identification of plan section, these control measures and strategies been approved as part of the SIP, and previously appearing in the CFR as the are approved by EPA, after notice and part three contains nonregulatory first or second section of part 52 for comment, they are incorporated into the provisions that have been EPA each state subpart. After an initial two- Federally approved SIP and are approved. Each part consists of a table year period, EPA will review its identified in part 52 (Approval and of identifying information for each SIP- experience with the new system and Promulgation of Implementation Plans), approved regulation, each SIP-approved enforceability of previously approved title 40 of the Code of Federal source-specific permit, and each SIP measures and will decide whether
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or not to retain the Identification of plan governments or impose a significant effective sooner than otherwise appendices for some further period. intergovernmental mandate, as provided by the CRA if the agency described in sections 203 and 204 of makes a good cause finding that notice II. What EPA Is Doing in This Action UMRA. This rule also does not have a and public procedure is impracticable, Today’s rule constitutes a substantial direct effect on one or more unnecessary or contrary to the public ‘‘housekeeping’’ exercise to ensure that Indian tribes, on the relationship interest. Today’s action simply codifies all revisions to the state programs that between the Federal Government and provisions which are already in effect as have occurred are accurately reflected in Indian tribes, or on the distribution of a matter of law in Federal and approved 40 CFR part 52. State SIP revisions are power and responsibilities between the State programs. 5 U.S.C. 808(2). As controlled by EPA regulations at 40 CFR Federal Government and Indian tribes, stated previously, EPA has made such a part 51. When EPA receives a formal SIP as specified by Executive Order 13175 good cause finding, including the revision request, the Agency must (65 FR 67249, November 9, 2000), nor reasons therefore, and established an publish the proposed revision in the will it have substantial direct effects on effective date of February 10, 2005. EPA Federal Register and provide for public the States, on the relationship between will submit a report containing this rule comment before approval. the National Government and the States, and other required information to the EPA has determined that today’s rule or on the distribution of power and U.S. Senate, the U.S. House of falls under the ‘‘good cause’’ exemption responsibilities among the various Representatives, and the Comptroller in section 553(b)(3)(B) of the levels of government, as specified in General of the United States prior to Administrative Procedures Act (APA) Executive Order 13132 (64 FR 43255, publication of the rule in the Federal which, upon finding ‘‘good cause,’’ August 10, 1999). This rule also is not Register. This rule is not a ‘‘major rule’’ authorizes agencies to dispense with subject to Executive Order 13045 (62 FR as defined by 5 U.S.C. 804(2). public participation and section 19885, April 23, 1997), because it is not 553(d)(3) which allows an agency to economically significant. This rule does C. Petitions for Judicial Review make a rule effective immediately not involve technical standards; thus EPA has also determined that the (thereby avoiding the 30-day delayed the requirements of section 12(d) of the provisions of section 307(b)(1) of the effective date otherwise provided for in National Technology Transfer and Clean Air Act pertaining to petitions for Advancement Act of 1995 (15 U.S.C. the APA). Today’s rule simply codifies judicial review are not applicable to this 272 note) do not apply. The rule also provisions which are already in effect as action. Prior EPA rulemaking actions for does not involve special consideration a matter of law in Federal and approved each individual component of the West of environmental justice related issues State programs. Under section 553 of the Virginia SIP compilations had as required by Executive Order 12898 APA, an agency may find good cause previously afforded interested parties (59 FR 7629, February 16, 1994). In where procedures are ‘‘impractical, the opportunity to file a petition for issuing this rule, EPA has taken the unnecessary, or contrary to the public judicial review in the United States necessary steps to eliminate drafting interest.’’ Public comment is Court of Appeals for the appropriate errors and ambiguity, minimize ‘‘unnecessary’’ and ‘‘contrary to the circuit within 60 days of such potential litigation, and provide a clear public interest’’ since the codification rulemaking action. Thus, EPA sees no only reflects existing law. Immediate legal standard for affected conduct, as required by section 3 of Executive Order need in this action to reopen the 60-day notice in the CFR benefits the public by period for filing such petitions for removing outdated citations. 12988 (61 FR 4729, February 7, 1996). EPA has complied with Executive Order judicial review for these ‘‘Identification III. Statutory and Executive Order 12630 (53 FR 8859, March 15, 1998) by of plan’’ reorganization actions for West Reviews examining the takings implications of Virginia. A. General Requirements the rule in accordance with the List of Subjects in 40 CFR Part 52 ‘‘Attorney General’s Supplemental Under Executive Order 12866 (58 FR Guidelines for the Evaluation of Risk Environmental protection, Air 51735, October 4, 1993), this action is and Avoidance of Unanticipated pollution control, Carbon monoxide, not a ‘‘significant regulatory action’’ and Takings’’ issued under the executive Incorporation by reference, is therefore not subject to review by the order. This rule does not impose an Intergovernmental relations, Nitrogen Office of Management and Budget. This information collection burden under the dioxide, Ozone, Particulate matter, rule is not subject to Executive Order Paperwork Reduction Act of 1995 (44 Reporting and recordkeeping 13211, ‘‘Actions Concerning Regulations U.S.C. 3501 et seq.). EPA’s compliance requirements, Sulfur oxides, Volatile That Significantly Affect Energy Supply, with these statutes and Executive organic compounds. Distribution, or Use’’ (66 FR 28355, May Orders for the underlying rules are Dated: January 5, 2005. 22, 2001) because it is not a significant discussed in previous actions taken on Richard Kampf, regulatory action under Executive Order the State’s rules. 12866. Because the agency has made a Acting Regional Administrator, Region III. B. Submission to Congress and the ‘‘good cause’’ finding that this action is I 40 CFR part 52 is amended as follows: not subject to notice-and-comment Comptroller General requirements under the Administrative The Congressional Review Act (5 PART 52—[AMENDED] Procedure Act or any other statute as U.S.C. 801 et seq.), as added by the indicated in the Supplementary Small Business Regulatory Enforcement I 1. The authority citation for 40 CFR Information section above, it is not Fairness Act of 1996, generally provides part 52 continues to read as follows: subject to the regulatory flexibility that before a rule may take effect, the Authority: 42 U.S.C. 7401 et seq. provisions of the Regulatory Flexibility agency promulgating the rule must Act (5 U.S.C 601 et seq.), or to sections submit a rule report, which includes a Subpart XX—West Virginia 202 and 205 of the Unfunded Mandates copy of the rule, to each House of the Reform Act of 1995 (UMRA) (Pub. L. Congress and to the Comptroller General I 2. Section 52.2520 is redesignated as 104–4). In addition, this action does not of the United States. Section 808 allows § 52.2565 and the heading and paragraph significantly or uniquely affect small the issuing agency to make a rule (a) are revised to read as follows:
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§ 52.2565 Original identification of plan (b) Incorporation by reference. regulations which have been approved section. (1) Material listed as incorporated by as part of the State implementation plan (a) This section identifies the original reference in paragraphs (c) and (d) was as of December 1, 2004. ‘‘Air Implementation Plan for the State approved for incorporation by reference (3) Copies of the materials of West Virginia’’ and all revisions by the Director of the Federal Register incorporated by reference may be submitted by West Virginia that were in accordance with 5 U.S.C. 552(a) and inspected at the EPA Region III Office at federally approved prior to December 1, 1 CFR part 51. Material incorporated as 1650 Arch Street, Philadelphia, PA 2004. it exists on the date of the approval, and 19103; the EPA, Air and Radiation * * * * * notice of any change in the material will Docket and Information Center, Air I 3. A new Section 52.2520 is added to be published in the Federal Register. Docket (6102), 1301 Constitution read as follows: Entries in paragraphs (c) and (d) of this Avenue, NW., Room B108, Washington, section with EPA approval dates on or DC 20460; or at the National Archives § 52.2520 Identification of plan. after December 1, 2004, will be and Records Administration (NARA). (a) Purpose and scope. This section incorporated by reference in the next For information on the availability of sets forth the applicable State update to the SIP compilation. this material at NARA, call 202–741– implementation plan for West Virginia (2) EPA Region III certifies that the 6030, or go to: http://www.archives.gov/ under section 110 of the Clean Air Act, rules/regulations provided by EPA at federal_register/ 42 U.S.C. 7410, and 40 CFR part 51 to the addresses in paragraph (b)(3) of this code_of_federal_regulations/ meet national ambient air quality section are an exact duplicate of the ibr_locations.html. standards. officially promulgated State rules/ (c) EPA-Approved Regulations.
EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP
State EPA Additional expla- State citation Title/subject effective approval nation/citation at 40 [Chapter 16–20 or 45 CSR] date date CFR 52.2565
[45 CSR] Series 1 NOX Budget Trading Program as a Means of Control and Reduction of Nitrogen Oxides
Section 45–1–1 ...... General ...... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–2 ...... Definitions ...... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–3 ...... Measurements, Abbreviations and Acronyms ...... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–4 ...... NOX Budget Trading Program Applicability ...... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–5 ...... Retired Unit Exemption ...... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–6 ...... NOX Budget Trading Program Standard Require- 5/1/02 5/10/02 (c)(46) ments. 67 FR 37133 Section 45–1–7 ...... Computation of Time ...... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–10 ...... Authorization and Responsibilities of the NOX Au- 5/1/02 5/10/02 (c)(46) thorized Account Representative. 67 FR 37133 Section 45–1–11 ...... Alternate NOX Authorized Account Representative 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–12 ...... Changing the NOX Authorized Account Represent- 5/1/02 5/10/02 (c)(46) ative and the Alternate NOX Authorized Account 67 FR 37133 Representative; Changes in Owners and Opera- tors. Section 45–1–13 ...... Account Certificate of Representation ...... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–14 ...... Objections Concerning the NOX Authorized Ac- 5/1/02 5/10/02 (c)(46) count Representative. 67 FR 37133 Section 45–1–20 ...... General NOX Budget Trading Program Permit Re- 5/1/02 5/10/02 (c)(46) quirements. 67 FR 37133 Section 45–1–21 ...... NOX Budget Permit Applications ...... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–22 ...... Information Requirements for NOX Budget Permit 5/1/02 5/10/02 (c)(46) Applications. 67 FR 37133 Section 45–1–23 ...... NOX Budget Permit Contents ...... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 44–1–24 ...... NOX Budget Permit Revisions ...... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–30 ...... Compliance Certification Report ...... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–31 ...... Secretary’s and Administrator’s Action on Compli- 5/1/02 5/10/02 (c)(46) ance Certifications. 67 FR 37133 Section 45–1–40 ...... State NOX Trading Program Budget ...... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–41 ...... Timing Requirements for State NOX Allowance Al- 5/1/02 5/10/02 (c)(46) locations. 67 FR 37133
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EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued
State EPA Additional expla- State citation Title/subject effective approval nation/citation at 40 [Chapter 16–20 or 45 CSR] date date CFR 52.2565
Section 45–1–42 ...... State NOX Allowance Allocations ...... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–43 ...... Compliance Supplement Pool ...... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–50 ...... NOX Allowance Tracking System Accounts ...... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–51 ...... Establishment of Accounts ...... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–52 ...... NOX Allowance Tracking System Responsibilities 5/1/02 5/10/02 (c)(46) of NOX Authorized Account Representative. 67 FR 37133 Section 45–1–53 ...... Recordation of NOX Allowance Allocations ...... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–54 ...... Compliance ...... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–55 ...... NOX Allowance Banking ...... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–56 ...... Account Error ...... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–57 ...... Closing of General Accounts ...... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–60 ...... Submission of NOX Allowance Transfers ...... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–61 ...... Allowance Transfer Recordation ...... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–62 ...... Notification ...... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–70 ...... General Monitoring Requirements ...... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–71 ...... Initial Certification and Recertification Procedures .. 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–72 ...... Out of Control Periods ...... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–73 ...... Notifications ...... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–74 ...... Recordkeeping and Reporting ...... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–75 ...... Petitions ...... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–76 ...... Additional Requirements to Provide Heat Input 5/1/02 5/10/02 (c)(46) Data. 67 FR 37133 Section 45–1–80 ...... Individual Opt-in Applicability ...... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–81 ...... Opt-in General Requirements ...... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–82 ...... Opt-in NOX Authorized Account Representative ..... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–83 ...... Applying for NOX Budget Opt-in Permit ...... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–84 ...... Opt-in Process ...... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–85 ...... NOX Budget Opt-in Permit Contents ...... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–86 ...... Withdrawal from NOX Budget Trading Program ...... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–87 ...... Change in Regulatory Status ...... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–88 ...... NOX Allowance Allocations to Opt-in Units ...... 5/1/02 5/10/02 (c)(46) 67 FR 37133 Section 45–1–100 ...... Requirements for Emissions of NOX from Cement 5/1/02 5/10/02 (c)(46) Manufacturing Kilns. 67 FR 37133
[45 CSR] Series 2 To Prevent and Control Particulate Air Pollution From Combustion of Fuel in Indirect Heat Exchangers
Section 45–2–1 ...... General ...... 8/31/00 8/11/03 (c)(56) 68 FR 47473 Section 45–2–2 ...... Definitions ...... 8/31/00 8/11/03 (c)(56) 68 FR 47473 Section 45–2–3 ...... Visible Emissions of Smoke and/or Particulate Mat- 8/31/00 8/11/03 (c)(56) ter Prohibited and Standards of Measurement. 68 FR 47473
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EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued
State EPA Additional expla- State citation Title/subject effective approval nation/citation at 40 [Chapter 16–20 or 45 CSR] date date CFR 52.2565
Section 45–2–4 ...... Weight Emission Standards ...... 8/31/00 8/11/03 (c)(56) 68 FR 47473 Section 45–2–5 ...... Control of Fugitive Particulate Matter ...... 8/31/00 8/11/03 (c)(56) 68 FR 47473 Section 45–2–6 ...... Registration ...... 8/31/00 8/11/03 (c)(56) 68 FR 47473 Section 45–2–7 ...... Permits ...... 8/31/00 8/11/03 (c)(56) 68 FR 47473 Section 45–2–8 ...... Testing, Monitoring, Recordkeeping, and Reporting 8/31/00 8/11/03 (c)(56) 68 FR 47473 Section 45–2–9 ...... Start-ups, Shutdowns, and Malfunctions ...... 8/31/00 8/11/03 (c)(56) 68 FR 47473 Section 45–2–10 ...... Variances ...... 8/31/00 8/11/03 (c)(56) 68 FR 47473 Section 45–2–11 ...... Exemptions ...... 8/31/00 8/11/03 (c)(56) 68 FR 47473 Section 45–2–12 ...... Inconsistency Between Rules ...... 8/31/00 8/11/03 (c)(56) 68 FR 47473 Table 45–2A ...... [Total Allowable Particulate Matter Emission Rate 8/31/00 8/11/03 (c)(56) for All Typce ‘c’ Fule Burning Units Located at 68 FR 47473 One Plant].
45CSR2 Appendix Compliance Test Procedures for 45CSR2
Section 1 ...... General ...... 8/31/00 8/11/03 (c)(56) 68 FR 47473 Section 3 ...... Symbols ...... 8/31/00 8/11/03 (c)(56) 68 FR 47473 Section 4 ...... Adoption of Test Methods ...... 8/31/00 8/11/03 (c)(56) 68 FR 47473 Section 5 ...... Unit Load and Fuel Quality Requirements ...... 8/31/00 8/11/03 (c)(56) 68 FR 47473 Section 6 ...... Minor Exceptions ...... 8/31/00 8/11/03 (c)(56) 68 FR 47473 Section 7 ...... Pretest and Post Test General Requirements ...... 8/31/00 8/11/03 (c)(56) 68 FR 47473 Section 8 ...... Heat Input Data Measurements ...... 8/31/00 8/11/03 (c)(56) 68 FR 47473 Section 9 ...... Computations and Data Analysis ...... 8/31/00 8/11/03 (c)(56) 68 FR 47473
[45 CSR] Series 3 To Prevent and Control Air Pollution From the Operation of Hot Mix Asphalt Plants
Section 45–3–1 ...... General ...... 8/31/00 10/11/02 (c)(48) 67 FR 63270 Section 45–3–2 ...... Definitions ...... 8/31/00 10/11/02 (c)(48) 67 FR 63270 Section 45–3–3 ...... Emission of Smoke and/or Particulate Matter Pro- 8/31/00 10/11/02 (c)(48) hibited and Standards of Measurement—Visible. 67 FR 63270 Section 45–3–4 ...... Emission of Smoke and/or Particulate Matter Pro- 8/31/00 10/11/02 (c)(48) hibited and Standards of Measurement—Weight 67 FR 63270 Emissions. Section 45–3–5 ...... Permits ...... 8/31/00 10/11/02 (c)(48) 67 FR 63270 Section 45–3–6 ...... Reports and Testing ...... 8/31/00 10/11/02 (c)(48) 67 FR 63270 Section 45–3–7 ...... Variance ...... 8/31/00 10/11/02 (c)(48) 67 FR 63270 Section 45–3–8 ...... Circumvention ...... 8/31/00 10/11/02 (c)(48) 67 FR 63270 Section 45–3–9 ...... Inconsistency Between Rules ...... 8/31/00 10/11/02 (c)(48) 67 FR 63270
[45 CSR] Series 5 To Prevent and Control Air Pollution From the Operation of Coal Preparation Plants, Coal Handling Operations, and Coal Refuse Disposal Areas
Section 45–5–1 ...... General ...... 8/31/00 10/07/02 (c)(47) 67 FR 63279 Section 45–5–2 ...... Definitions ...... 8/31/00 10/07/02 (c)(47) 67 FR 63279
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EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued
State EPA Additional expla- State citation Title/subject effective approval nation/citation at 40 [Chapter 16–20 or 45 CSR] date date CFR 52.2565
Section 45–5–3 ...... Emission of Particulate Matter Prohibited and 8/31/00 10/7/02 (c)(47) Standards of Measurement. 67 FR 62379 Section 45–5–4 ...... Control and Prohibition of Particulate Emissions 8/31/00 10/7/02 (c)(47) from Coal Thermal Drying Operations of a Coal 67 FR 62379 Preparation Plant. Section 45–5–5 ...... Control and Prohibition of Particulate Emissions 10/22/93 7/13/99 (c)(42) From an Air Table Operation of a Coal Prepara- 64 FR 37681 tion Plant. Section 45–5–6 ...... Control and Prohibition of Fugitive Dust Emissions 8/31/00 10/7/02 (c)(47) From Coal Handling Operations and Preparation 67 FR 62379 Plants. Section 45–5–7 ...... Standards for Coal Refuse Disposal Areas ...... 8/31/00 10/7/02 (c)(47) 67 FR 62379 Section 45–5–8 ...... Burning coal Refuse Disposal Areas ...... 8/31/00 10/7/02 (c)(47) 67 FR 62379 Section 45–5–9 ...... Monitoring of Operations ...... 8/31/00 10/7/02 (c)(47) 67 FR 62379 Section 45–5–10 ...... Construction, Modification, and Relocation Permits 8/31/00 10/7/02 (c)(47) 67 FR 62379 Section 45–5–11 ...... Operation Permits ...... 8/31/00 10/7/02 (c)(47) 67 FR 62379 Section 45–5–12 ...... Reporting and Testing ...... 8/31/00 10/7/02 (c)(47) 67 FR 62379 Section 45–5–13 ...... Variance ...... 8/31/00 10/7/02 (c)(47) 67 FR 62379 Section 45–5–14 ...... Transfer of Permits ...... 8/31/00 10/7/02 (c)(47) 67 FR 62379 Section 45–5–15 ...... Inconsistency Between Rules ...... 8/31/00 10/7/02 (c)(47) 67 FR 62379 Appendix ...... Particulate Emission Limitations and Operational 8/31/00 10/7/02 (c)(47) Monitoring Requirements Applicable to Thermal 67 FR 62379 Dryers Installed Before October 24, 1974.
[45 CSR] Series 6 To Prevent and Control Air Pollution From Combustion of Refuse
Section 45–6–1 ...... General ...... 7/1/01 2/10/03 (c)(51) 68 FR 6627 Section 45–6–2 ...... Definitions ...... 7/1/01 2/10/03 (c)(51) 68 FR 6627 Section 45–6–3 ...... Open Burning Prohibited ...... 7/1/01 2/10/03 (c)(51) 68 FR 6627 Section 45–6–4 ...... Emission Standards for Incinerators and Inciner- 7/1/01 2/10/03 (c)(51) ation. 68 FR 6627 Section 45–6–5 ...... Registration ...... 7/1/01 2/10/03 (c)(51) 68 FR 6627 Section 45–6–6 ...... Permits ...... 7/1/01 2/10/03 (c)(51) 68 FR 6627 Section 45–6–7 ...... Reports and Testing ...... 7/1/01 2/10/03 (c)(51) 68 FR 6627 Section 45–6–8 ...... Variances ...... 7/1/01 2/10/03 (c)(51) 68 FR 6627 Section 45–6–9 ...... Emergencies and Natural Disasters ...... 7/1/01 2/10/03 (c)(51) 68 FR 6627 Section 45–6–10 ...... Effect of the Rule ...... 7/1/01 2/10/03 (c)(51) 68 FR 6627 Section 45–6–11 ...... Inconsistency Between Rules ...... 7/1/01 2/10/03 (c)(51) 68 FR 6627
[45 CSR] Series 7 To Prevent and Control Particulate Matter Air Pollution From Manufacturing Process Operations
Section 45–7–1 ...... General ...... 8/31/00 06/03/03 (c)(55) 68 FR 33010 Section 45–7–2 ...... Definitions ...... 08/31/00 06/03/03 (c)(55) 68 FR 33010 Section 45–7–3 ...... Emission of Smoke and/or Particulate Matter Pro- 08/31/00 06/03/03 (c)(55) hibited and Standards of Measurement. 68 FR 33010 Section 45–7–4 ...... Control and Prohibition of Particulate Emissions by 08/31/00 06/03/03 (c)(55) Weight from Manufacturing Process Source Op- 68 FR 33010 erations.
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EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued
State EPA Additional expla- State citation Title/subject effective approval nation/citation at 40 [Chapter 16–20 or 45 CSR] date date CFR 52.2565
Section 45–7–5 ...... Control of Fugitive Particulate Matter ...... 08/31/00 06/03/03 (c)(55) 68 FR 33010 Section 45–7–6 ...... Registration ...... 08/31/00 06/03/03 (c)(55) 68 FR 33010 Section 45–7–7 ...... Permits ...... 08/31/00 06/03/03 (c)(55) 68 FR 33010 Section 45–7–8 ...... Reporting and Testing ...... 08/31/00 06/03/03 (c)(55) 68 FR 33010 Section 45–7–9 ...... Variance ...... 08/31/00 06/03/03 (c)(55) 68 FR 33010 Section 45–7–10 ...... Exemptions ...... 08/31/00 06/03/03 (c)(55) 68 FR 33010 Section 45–7–11 ...... Alternative Emission Limits for Duplicate Source 08/31/00 06/03/03 (c)(55) Operations. 68 FR 33010 Section 45–7–12 ...... Inconsistency Between Rules ...... 08/31/00 06/03/03 (c)(55) 68 FR 33010 TABLE 45–7A ...... [Maximum Allowable Emission Rates From 08/31/00 06/03/03 (c)(55) TABLE 45–7B ...... Sources Governed by 45 CFR Series 7]. 68 FR 33010
[Ch. 16–20] TP–4 Compliance Test Procedures for Regulation VII—‘‘To Prevent and Control Particulate Air Pollution From Manufacturing Process Operations’’
Section 1 ...... General ...... 2/23/84 6/28/85 no (c) number; 45 FR 26732 Section 2 ...... Visible Emission Test Procedure ...... 2/23/84 6/28/85 no (c) number; 45 FR 26732 Section 3 ...... Mass Emission Test Procedures ...... 2/23/84 6/28/85 no (c) number; 45 FR 26732
[45 CSR] Series 8 Ambient Air Quality Standards for Sulfur Oxides and Particulate Matter
Section 45–8–1 ...... General ...... 4/25/90 6/28/93 (c)(28) 58 FR34526 Section 45–8–2 ...... Definitions ...... 4/25/90 6/28/93 (c)(28) 58 FR34526 Section 45–8–3 ...... Ambient Air Quality Standards ...... 4/25/90 6/28/93 (c)(28) 58 FR34526 Section 45–8–4 ...... Methods of Measurement ...... 4/25/90 6/28/93 (c)(28) 58 FR34526 Section 45–8–5 ...... Inconsistency Between Regulations ...... 4/25/90 6/28/93 (c)(28) 58 FR34526
[45 CSR] Series 9—Ambient Air Quality Standards for Carbon Monoxide and Ozone
Section 45–9–1 ...... General ...... 6/1/00 10/7/02 (c)(50) 67 FR 62381 Section 45–9–2 ...... Anti-Degradation Policy ...... 6/1/00 10/7/02 (c)(50) 67 FR 62381 Section 45–9–3 ...... Definitions ...... 6/1/00 10/7/02 (c)(50) 67 FR 62381 Section 45–9–4 ...... Ambient Air Quality Standards ...... 6/1/00 10/7/02 (c)(50) 67 FR 62381 Section 45–9–5 ...... Methods of Measurement ...... 6/1/00 10/7/02 (c)(50) 67 FR 62381
[45 CSR] Series 10—To Prevent and Control Air Pollution from The Emission of Sulfur Oxides
Section 45–10–1 ...... General ...... 8/31/00 6/3/03 (c)(53) 68 FR 33002 Section 45–10–2 ...... Definitions ...... 8/31/00 6/3/03 (c)(53) 68 FR 33002 Section 45–10–3 ...... Sulfur Dioxide Weight Emission Standards for Fuel 8/31/00 6/3/03 (c)(53) Burning Units. 68 FR 33002 Section 45–10–4 ...... Standards for Manufacturing Process Source Oper- 8/31/00 6/3/03 (c)(53) ations. 68 FR 33002 Section 45–10–5 ...... Combustion of Refinery or Process Gas Streams ... 8/31/00 6/3/03 (c)(53) 68 FR 33002 Section 45–10–6 ...... Registration ...... 8/31/00 6/3/03 (c)(53) 68 FR 33002
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EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued
State EPA Additional expla- State citation Title/subject effective approval nation/citation at 40 [Chapter 16–20 or 45 CSR] date date CFR 52.2565
Section 45–10–7 ...... Permits ...... 8/31/00 6/3/03 (c)(53) 68 FR 33002 Section 45–10–8 ...... Testing, Monitoring, Recordkeeping and Reporting 8/31/00 6/3/03 (c)(53) 68 FR 33002 Section 45–10–9 ...... Variance ...... 8/31/00 6/3/03 (c)(53) 68 FR 33002 Section 45–10–10 ...... Exemptions and Recommendations ...... 8/31/00 6/3/03 (c)(53) 68 FR 33002 Section 45–10–11 ...... Circumvention ...... 8/31/00 6/3/03 (c)(53) 68 FR 33002 Section 45–10–12 ...... Inconsistency Between Rules ...... 8/31/00 6/3/03 (c)(53) 68 FR 33002 TABLE 45–10A ...... [Priority Classifications] ...... 8/31/00 6/3/03 (c)(53) 68 FR 33002 TABLE 45–10B ...... [Allowable Percent Sulfur Content of Fuels] ...... 8/31/00 6/3/03 (c)(53) 68 FR 33002
[45 CSR] Series 11 Prevention of Air Pollution Emergency Episodes
Section 45–11–1 ...... General ...... 4/25/90 6/28/93 (c)(28) 58 FR34526 Section 45–11–2 ...... Definitions ...... 4/25/90 6/28/93 (c)(28) 58 FR34526 Section 45–11–3 ...... Episode Criteria ...... 4/25/90 6/28/93 (c)(28) 58 FR34526 Section 45–11–4 ...... Methods of Measurement ...... 4/25/90 6/28/93 (c)(28) 58 FR34526 Section 45–11–5 ...... Preplanned Reduction Strategies ...... 4/25/90 6/28/93 (c)(28) 58 FR34526 Section 45–11–6 ...... Emission Reduction Plans ...... 4/25/90 6/28/93 (c)(28) 58 FR34526 TABLE I ...... Emission Reduction Plans—Alert Level ...... 4/25/90 6/28/93 (c)(28) 58 FR34526 TABLE II ...... Emission Reduction Plans—Warning Level ...... 4/25/90 6/28/93 (c)(28) 58 FR34526 TABLE III ...... Emission Reduction Plans—Emergency Level ...... 4/25/90 6/28/93 (c)(28) 58 FR34526 Section 45–11–7 ...... Air Pollution Emergencies; Contents of Order; 4/25/90 6/28/93 (c)(28) Hearings; Appeals. 58 FR34526 Section 45–11–8 ...... Inconsistency Between Regulations ...... 4/25/90 6/28/93 (c)(28) 58 FR34526
[45 CSR] Series 12 Ambient Air Quality Standard for Nitrogen Dioxide
Section 45–12–1 ...... General ...... 6/1/00 10/7/02 (c)(49) 67 FR 62378 Section 45–12-2 ...... Anti-Degradation Policy ...... 6/1/00 10/7/02 (c)(49) 67 FR 62378 Section 45–12–3 ...... Definitions ...... 6/1/00 10/7/02 (c)(49) 67 FR 62378 Section 45–12–4 ...... Ambient Air Quality Standard ...... 6/1/00 10/7/02 (c)(49) 67 FR 62378 Section 45–12–5 ...... Methods of Measurement ...... 6/1/00 10/7/02 (c)(49) 67 FR 62378
[45 CSR] Series 13 Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Temporary Permits, General Permits, and Procedures for Evaluation
Section 45–13–1 ...... General ...... 6/1/00 2/28/03 (c)(52) 68 FR 9559 Section 45–13–2 ...... Definitions ...... 6/1/00 2/28/03 (c)(52) 68 FR 9559 Section 45–13–3 ...... Reporting Requirements for Stationary Sources ..... 6/1/00 2/28/03 (c)(52) 68 FR 9559 Section 45–13–4 ...... Administrative Updates to Existing Permits ...... 6/1/00 2/28/03 (c)(52) 68 FR 9559 Section 45–13–5 ...... Permit Application and Reporting Requirements for 6/1/00 2/28/03 (c)(52) Construction of and Modifications to Stationary 68 FR 9559 Sources.
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EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued
State EPA Additional expla- State citation Title/subject effective approval nation/citation at 40 [Chapter 16–20 or 45 CSR] date date CFR 52.2565
Section 45–13–6 ...... Determination of Compliance of Stationary Sources 6/1/00 2/28/03 (c)(52) 68 FR 9559 Section 45–13–7 ...... Modeling ...... 6/1/00 2/28/03 (c)(52) 68 FR 9559 Section 45–13–8 ...... Public Review Procedures ...... 6/1/00 2/28/03 (c)(52) 68 FR 9559 Section 45–13–9 ...... Public Meetings ...... 6/1/00 2/28/03 (c)(52) 68 FR 9559 Section 45–13–10 ...... Permit Transfer, Suspension, Revocation and Re- 6/1/00 2/28/03 (c)(52) sponsibility. 68 FR 9559 Section 45–13–11 ...... Temporary Construction or Modification Permits ..... 6/1/00 2/28/03 (c)(52) 68 FR 9559 Section 45–13–12 ...... Permit Application Fees ...... 6/1/00 2/28/03 (c)(52) 68 FR 9559 Section 45–13–13 ...... Inconsistency Between Rules ...... 6/1/00 2/28/03 (c)(52) 68 FR 9559 Section 45–13–14 ...... Statutory Air Pollution ...... 6/1/00 2/28/03 (c)(52) 68 FR 9559 Section 45–13–15 ...... Hazardous Air Pollutants ...... 6/1/00 2/28/03 (c)(52) 68 FR 9559 TABLE 45–13A ...... Potential Emission Rate ...... 6/1/00 2/28/03 (c)(52) 68 FR 9559 TABLE 45–13B ...... De Minimus Sources ...... 6/1/00 2/28/03 (c)(52) 68 FR 9559
[45 CSR] Series 14 Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of Significant Deterioration
Section 45–14–1 ...... General ...... 7/7/93 10/22/96 (c)(39), (c)(40) 5/1/95 61 FR 54735 Section 45–14–2 ...... Definitions ...... 7/7/93 10/22/96 (c)(39), (c)(40) 5/1/95 61 FR 54735 Section 45–14–3 ...... Ambient Air Quality Increments and Ceilings ...... 7/7/93 10/22/96 (c)(39), (c)(40) 5/1/95 61 FR 54735 Section 45–14–4 ...... Area Classification ...... 4/25/90 6/28/93 (c)(28) 58 FR34526 Section 45–14–5 ...... Prohibition of Dispersion Enhancement Techniques 5/1/95 10/22/96 (c)(40) 61 FR 54735 Section 45–14–6 ...... Registration, Report and Permit Requirements for 7/7/93 10/22/96 (c)(39), (c)(40) Major Stationary Sources and Major Modifica- 5/1/95 61 FR 54735 tions. Section 45–14–7 ...... Requirements Relating to Control Technology ...... 5/1/95 10/22/96 (c)(40) 61 FR 54735 Section 45–14–8 ...... Requirements Relating to the Source’s Impact on 7/7/93 10/22/96 (c)(39), (c)(40) Air Quality. 5/1/95 61 FR 54735 Section 45–14–9 ...... Requirements for Air Quality Models ...... 7/7/93 10/22/96 (c)(39), (c)(40) 5/1/95 61 FR 54735 Section 45–14–10 ...... Requirements for Air Quality Monitoring ...... 7/7/93 10/22/96 (c)(39), (c)(40) 5/1/95 61 FR 54735 Section 45–14–11 ...... Requirements for Additional Impacts Analysis ...... 4/25/90 6/28/93 (c)(28) 58 FR34526 Section 45–14–12 ...... Additional Requirements and Variances for 7/7/93 10/22/96 (c)(39), (c)(40) Sources Impacting Federal Class I Areas. 5/1/95 61 FR 54735 Section 45–14–13 ...... Procedures for Sources Employing Innovative Con- 7/7/93 10/22/96 (c)(39), (c)(40) trol Technology. 5/1/95 61 FR 54735 Section 45–14–14 ...... Exclusions From Increment Consumption ...... 7/7/93 10/22/96 (c)(39), (c)(40) 5/1/95 61 FR 54735 Section 45–14–15 ...... Exemptions From Specific Requirements of This 7/7/93 10/22/96 (c)(39), (c)(40) Rule. 5/1/95 61 FR 54735 Section 45–14–16 ...... Public Review Procedures ...... 7/7/93 10/22/96 (c)(39), (c)(40) 5/1/95 61 FR 54735 Section 45–14–17 ...... Public Meetings ...... 7/7/93 10/22/96 (c)(39), (c)(40) 5/1/95 61 FR 54735 Section 45–14–18 ...... Permit Transfer, Cancellation, and Responsibility ... 7/7/93 10/22/96 (c)(39), (c)(40) 5/1/95 61 FR 54735 Section 45–14–19 ...... Disposition of Permits ...... 7/7/93 10/22/96 (c)(39), (c)(40) 5/1/95 61 FR 54735 Section 45–14–20 ...... Conflict with Other Permitting Rules ...... 7/7/93 10/22/96 (c)(39), (c)(40) 5/1/95 61 FR 54735
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EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued
State EPA Additional expla- State citation Title/subject effective approval nation/citation at 40 [Chapter 16–20 or 45 CSR] date date CFR 52.2565
(Ch. 16–20) Series XIX Requirements for Pre-construction Review, Determination of Emission Offsets for Proposed New or Modified Stationary Sources of Air Pollutants and Emission Trading for Intrasource Pollutants
Section 1 ...... General ...... 5/27/83 7/2/85 (c)(22) 50 FR 27247 Section 2 ...... Definitions ...... 5/27/83 7/2/85 (c)(22) 50 FR 27247 Section 3 ...... Applicability ...... 5/27/83 7/2/85 (c)(22) 50 FR 27247 Section 4 ...... Conditions for a Permit Approval for Proposed 5/27/83 7/2/85 (c)(22) Major Sources That Would Contribute to a Viola- 50 FR 27247 tion of NAAQS. Section 5 ...... Conditions for Permit Approval for Sources Locat- 5/27/83 7/2/85 (c)(22) ing in Attainment or Unclassifiable Areas That 50 FR 27247 Would Cause a New Violation of a NAAQS. Section 6 ...... Exemptions from Certain Conditions ...... 5/27/83 7/2/85 (c)(22) 50 FR 27247 Section 7 ...... Baseline for Determining Credit for Emission Off- 5/27/83 7/2/85 (c)(22) sets. 50 FR 27247 Section 8 ...... Location of Offsetting Emissions ...... 5/27/83 7/2/85 (c)(22) 50 FR 27247 Section 9 ...... Administrative Procedures for Emission Offset Pro- 5/27/83 7/2/85 (c)(22) posals. 50 FR 27247 Section 10 ...... Control of Fugitive Emissions ...... 5/27/83 7/2/85 (c)(22) 50 FR 27247 Section 11 ...... Offsetting of Secondary Emissions ...... 5/27/83 7/2/85 (c)(22) 50 FR 27247 Section 12 ...... Bubble Concept for Intrasource Pollutants ...... 5/27/83 7/2/85 (c)(22) 50 FR 27247 Section 13 ...... Discretionary Decisions Made by the Director ...... 5/27/83 7/2/85 (c)(22) 50 FR 27247
[45 CSR] Series 20 Good Engineering Practice as Applicable to Stack Heights
Section 45–20–1 ...... General ...... 7/14/89 4/19/94 (c)(27) 59 FR 18489 Section 45–20–2 ...... Definitions ...... 7/14/89 4/19/94 (c)(27) 59 FR 18489 Section 45–20–3 ...... Standards ...... 7/14/89 4/19/94 (c)(27) 59 FR 18489 Section 45–20–4 ...... Public Review Procedures ...... 7/14/89 4/19/94 (c)(27) 59 FR 18489 Section 45–20–5 ...... Inconsistency Between Regulations ...... 7/14/89 4/19/94 (c)(27) 59 FR 18489
[45 CSR] Series 21 Regulation to Prevent and Control Air Pollution From the Emission of Volatile Organic Compounds
Section 45–21–1 ...... General ...... 7/7/93 2/1/95 (c)(33) 60 FR 6022 Section 45–21–2 ...... Definitions ...... 7/7/93 2/1/95 (c)(33) 60 FR 6022 Section 45–21–3 ...... Applicability ...... 7/7/93 2/1/95 (c)(33) 60 FR 6022 Section 45–21–4 ...... Compliance Certification, Recordkeeping, and Re- 7/7/93 2/1/95 (c)(33) porting Procedures for Coating Sources. 60 FR 6022 Section 45–21–5 ...... Compliance Certification, Recordkeeping, and Re- 7/7/93 2/1/95 (c)(33) porting Requirements for Non-Coating Sources. 60 FR 6022 Section 45–21–6 ...... Requirements for Sources Complying by Use of 7/7/93 2/1/95 (c)(33) Control Devices. 60 FR 6022 Section 45–21–7 ...... Circumvention ...... 7/7/93 2/1/95 (c)(33) 60 FR 6022 Section 45–21–8 ...... Handling, Storage, and Disposal of Volatile Organic 7/7/93 2/1/95 (c)(33) Compounds (VOCs). 60 FR 6022 Section 45–21–9 ...... Compliance Programs, Registration, Variance, Per- 7/7/93 2/1/95 (c)(33) mits, Enforceability. 60 FR 6022 Section 45–21–11 ...... Can Coating ...... 7/7/93 2/1/95 (c)(33) 60 FR 6022 Section 45–21–12 ...... Coil Coating ...... 7/7/93 2/1/95 (c)(33) 60 FR 6022
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EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued
State EPA Additional expla- State citation Title/subject effective approval nation/citation at 40 [Chapter 16–20 or 45 CSR] date date CFR 52.2565
Section 45–21–14 ...... Fabric Coating ...... 7/7/93 2/1/95 (c)(33) 60 FR 6022 Section 45–21–15 ...... Vinyl Coating ...... 7/7/93 2/1/95 (c)(33) 60 FR 6022 Section 45–21–16 ...... Coating of Metal Furniture ...... 7/7/93 2/1/95 (c)(33) 60 FR 6022 Section 45–21–17 ...... Coating of Large Appliances ...... 7/7/93 2/1/95 (c)(33) 60 FR 6022 Section 45–21–18 ...... Coating of Magnet Wire ...... 7/7/93 2/1/95 (c)(33) 60 FR 6022 Section 45–21–19 ...... Coating of Miscellaneous Metal Parts ...... 7/7/93 2/1/95 (c)(33) 60 FR 6022 Section 45–21–21 ...... Bulk Gasoline Plants ...... 7/7/93 2/1/95 (c)(33) 60 FR 6022 Section 45–21–22 ...... Bulk Gasoline Terminals ...... 7/7/93 2/1/95 (c)(33) 60 FR 6022 Section 45–21–23 ...... Gasoline Dispensing Facility—Stage I Vapor Re- 7/7/93 2/1/95 (c)(33) covery. 60 FR 6022 Section 45–21–24 ...... Leaks From Gasoline Tank Trucks ...... 7/7/93 2/1/95 (c)(33) 60 FR 6022 Section 45–21–25 ...... Petroleum Refinery Sources ...... 7/7/93 2/1/95 (c)(33) 60 FR 6022 Section 45–21–26 ...... Leaks From Petroleum Refinery Equipment ...... 7/7/93 2/1/95 (c)(33) 60 FR 6022 Section 45–21–27 ...... Petroleum Liquid Storage in External Floating Roof 7/7/93 2/1/95 (c)(33) Tanks. 60 FR 6022 Section 45–21–28 ...... Petroleum Liquid Storage in Fixed Roof Tanks ...... 7/7/93 2/1/95 (c)(33) 60 FR 6022 Section 45–21–29 ...... Leaks From Natural Gas/Gasoline Processing 7/7/93 2/1/95 (c)(33) Equipment. 60 FR 6022 Section 45–21–31 ...... Cutback and Emulsified Asphalt ...... 7/7/93 2/1/95 (c)(33) 60 FR 6022 Section 45–21–39 ...... Air Oxidation Processes in the Synthetic Organic 7/7/93 2/1/95 (c)(33) Chemical Manufacturing Industry. 60 FR 6022 Section 45–21–41 ...... Test Methods and Compliance Procedures: Gen- 7/7/93 2/1/95 (c)(33) eral Provisions. 60 FR 6022 Section 45–21–42 ...... Test Methods and Compliance Procedures: Deter- 7/7/93 2/1/95 (c)(33) mining the Volatile Organic Compound (VOC) 60 FR 6022 Content of Coatings and Inks. Section 45–21–43 ...... Test Methods and Compliance Procedures: Alter- 7/7/93 2/1/95 (c)(33) native Compliance Methods for Surface Coating. 60 FR 6022 Section 45–21–44 ...... Test Methods and Compliance Procedures: Emis- 7/7/93 2/1/95 (c)(33) sion Capture and Destruction or Removal Effi- 60 FR 6022 ciency and Monitoring Requirements. Section 45–21–45 ...... Test Methods and Compliance Procedures: Deter- 7/7/93 2/1/95 (c)(33) mining the Destruction or Removal Efficiency of 60 FR 6022 a Control Device. Section 45–21–46 ...... Test Methods and Compliance Procedures: Leak 7/7/93 2/1/95 (c)(33) Detection Methods for Volatile Organic Com- 60 FR 6022 pounds (VOCs).. Section 45–21–47 ...... Performance Specifications for Continuous Emis- 7/7/93 2/1/95 (c)(33) sions Monitoring of Total Hydrocarbons. 60 FR 6022 Section 45–21–48 ...... Quality Control Procedures for Continuous Emis- 7/7/93 2/1/95 (c)(33) sion Monitoring Systems (CEMS). 60 FR 6022 Appendix A ...... VOC Capture Efficiency ...... 7/7/93 2/1/95 (c)(33) 60 FR 6022
[45 CSR] Series 26 NOX Budget Training Program as a Means of Control and Reduction of Nitrogen Oxides from Electrical Generating Units
Section 45–26–1 ...... General ...... 5/1/02 5/10/02 (c)(46) 67 FR 31733 Section 45–26–2 ...... Definitions ...... 5/1/02 5/10/02 (c)(46) 67 FR 31733 Section 45–26–3 ...... Measurements, Abbreviations and Acronyms ...... 5/1/02 5/10/02 (c)(46) 67 FR 31733 Section 45–26–4 ...... NOX Budget Trading Program Applicability ...... 5/1/02 5/10/02 (c)(46) 67 FR 31733 Section 45–26–5 ...... Retired Unit Exemption ...... 5/1/02 5/10/02 (c)(46) 67 FR 31733
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EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued
State EPA Additional expla- State citation Title/subject effective approval nation/citation at 40 [Chapter 16–20 or 45 CSR] date date CFR 52.2565
Section 45–26–6 ...... NOX Budget Trading Program Standard Require- 5/1/02 5/10/02 (c)(46) ments. 67 FR 31733 Section 45–26–7 ...... Computation of Time ...... 5/1/02 5/10/02 (c)(46) 67 FR 31733 Section 45–26–10 ...... Authorization and Responsibilities of the NOX Au- 5/1/02 5/10/02 (c)(46) thorized Account Representative. 67 FR 31733 Section 45–26–11 ...... Alternate NOX Authorized Account Representative 5/1/02 5/10/02 (c)(46) 67 FR 31733 Section 45–26–12 ...... Changing the NOX Authorized Account Represent- 5/1/02 5/10/02 (c)(46) ative and the Alternate NOX Authorized Account 67 FR 31733 Representative; Changes in Owners and Opera- tors. Section 45–26–13 ...... Account Certificate of Representation ...... 5/1/02 5/10/02 (c)(46) 67 FR 31733 Section 45–26–14 ...... Objections Concerning the NOX Authorized Ac- 5/1/02 5/10/02 (c)(46) count Representative. 67 FR 31733 Section 45–26–20 ...... General NOX Budget Trading Program Permit Re- 5/1/02 5/10/02 (c)(46) quirements. 67 FR 31733 Section 45–26–21 ...... NOX Budget Permit Applications ...... 5/1/02 5/10/02 (c)(46) 67 FR 31733 Section 45–26–22 ...... Information Requirements for NOX Budget Permit 5/1/02 5/10/02 (c)(46) Applications. 67 FR 31733 Section 45–26–23 ...... NOX Budget Permit Contents ...... 5/1/02 5/10/02 (c)(46) 67 FR 31733 Section 45–26–24 ...... NOX Budget Permit Revisions ...... 5/1/02 5/10/02 (c)(46) 67 FR 31733 Section 45–26–30 ...... Compliance Certification Report ...... 5/1/02 5/10/02 (c)(46) 67 FR 31733 Section 45–26–31 ...... Secretary’s and Administrator’s Action on Compli- 5/1/02 5/10/02 (c)(46) ance Certifications. 67 FR 31733 Section 45–26–40 ...... State NOX Trading Program Budget ...... 5/1/02 5/10/02 (c)(46) 67 FR 31733 Section 45–26–41 ...... Timing Requirements for State NOX Allowance Al- 5/1/02 5/10/02 (c)(46) locations. 67 FR 31733 Section 45–26–42 ...... State NOX Allowance Allocations ...... 5/1/02 5/10/02 (c)(46) 67 FR 31733 Section 45–26–43 ...... Compliance Supplement Pool ...... 5/1/02 5/10/02 (c)(46) 67 FR 31733 Section 45–26–50 ...... NOX Allowance Tracking System Accounts ...... 5/1/02 5/10/02 (c)(46) 67 FR 31733 Section 45–26–51 ...... Establishment of Accounts ...... 5/1/02 5/10/02 (c)(46) 67 FR 31733 Section 45–26–52 ...... NOX Allowance Tracking System Responsibilities 5/1/02 5/10/02 (c)(46) of NOX Authorized Account Representative. 67 FR 31733 Section 45–26–53 ...... Recordation of NOX Allowance Allocations ...... 5/1/02 5/10/02 (c)(46) 67 FR 31733 Section 45–26–54 ...... Compliance ...... 5/1/02 5/10/02 (c)(46) 67 FR 31733 Section 45–26–55 ...... NOX Allowance Banking ...... 5/1/02 5/10/02 (c)(46) 67 FR 31733 Section 45–26–56 ...... Account Error ...... 5/1/02 5/10/02 (c)(46) 67 FR 31733 Section 45–26–57 ...... Closing of General Accounts ...... 5/1/02 5/10/02 (c)(46) 67 FR 31733 Section 45–26–60 ...... Submission of NOX Allowance Transfers ...... 5/1/02 5/10/02 (c)(46) 67 FR 31733 Section 45–26–61 ...... Allowance Transfer Recordation ...... 5/1/02 5/10/02 (c)(46) 67 FR 31733 Section 45–26–62 ...... Notification ...... 5/1/02 5/10/02 (c)(46) 67 FR 31733 Section 45–26–70 ...... General Monitoring Requirements ...... 5/1/02 5/10/02 (c)(46) 67 FR 31733 Section 45–26–71 ...... Initial Certification and Recertification Procedures .. 5/1/02 5/10/02 (c)(46) 67 FR 31733 Section 45–26–72 ...... Out of Control Periods ...... 5/1/02 5/10/02 (c)(46) 67 FR 31733 Section 45–26–73 ...... Notifications ...... 5/1/02 5/10/02 (c)(46) 67 FR 31733 Section 45–26–74 ...... Recordkeeping and Reporting ...... 5/1/02 5/10/02 (c)(46) 67 FR 31733
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EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued
State EPA Additional expla- State citation Title/subject effective approval nation/citation at 40 [Chapter 16–20 or 45 CSR] date date CFR 52.2565
Section 45–26–75 ...... Petitions ...... 5/1/02 5/10/02 (c)(46) 67 FR 31733 Section 45–26–76 ...... Additional Requirements to Provide Heat Input 5/1/02 5/10/02 (c)(46) Data. 67 FR 31733
[45 CSR] Series 29 Rule Requiring the Submission of Emission Statements for Volatile Organic Compound Emissions and Oxides of Nitrogen Emissions
Section 45–29–1 ...... General ...... 7/7/93 8/4/95 (c)(34) 60 FR 39855 Section 45–29–2 ...... Definitions ...... 7/7/93 8/4/95 (c)(34) 60 FR 39855 Section 45–29–3 ...... Applicability ...... 7/7/93 8/4/95 (c)(34) 60 FR 39855 Section 45–29–4 ...... Compliance Schedule ...... 7/7/93 8/4/95 (c)(34) 60 FR 39855 Section 45–29–5 ...... Emission Statement Requirements ...... 7/7/93 8/4/95 (c)(34) 60 FR 39855 Section 45–29–6 ...... Enforceability ...... 7/7/93 8/4/95 (c)(34) 60 FR 39855 Section 45–29–7 ...... Severability ...... 7/7/93 8/4/95 (c)(34) 60 FR 39855
[45 CSR] Series 35 Requirements for Determining Conformity of General Federal Actions to Applicable Air Quality Implementation Plans (General Conformity)
Section 45–35–1 ...... General ...... 5/1/95 9/5/95 (c)(37) 60 FR 46029 Section 45–35–2 ...... Definitions ...... 5/1/95 9/5/95 (c)(37) 60 FR 46029 Section 45–35–3 ...... Adoption of Criteria, Procedures and Requirements 5/1/95 9/5/95 (c)(37) 60 FR 46029 Section 45–35–4 ...... Requirements ...... 5/1/95 9/5/95 (c)(37) 60 FR 46029
(d) EPA approved state source- specific requirements.
EPA-APPROVED SOURCE SPECIFIC REQUIREMENTS
State EPA Additional expla- Source name Permit/order or registration number effective approval nation/citation at 40 date date CFR 52.2560
Mountaineer Carbon Co...... Consent Order ...... 7/2/82 9/1/82 (c)(18) 47 FR 38532 National Steel Corp.—Weirton Consent Order (Bubble) ...... 7/6/82 12/9/82 (c)(19) Steel Division. 47 FR 55396 Columbia Gas Transmission Cor- Consent Order ...... 9/12/90 4/24/91 (c)(24) poration—Lost River Station. 56 FR 18733 Wheeling-Pittsburgh Steel Corp ..... Consent Order CO–SIP–91–29 ...... 11/14/91 7/25/94 (c)(26) 59 FR 37696 Standard Lafarge ...... Consent Order CO–SIP–91–30 ...... 11/14/91 7/25/94 (c)(26) 59 FR 37696 Follansbee Steel Corp ...... Consent Order CO–SIP–91–31 ...... 11/14/91 7/25/94 (c)(26) 59 FR 37696 Koppers Industries, Inc ...... Consent Order CO–SIP–91–32 ...... 11/14/91 7/25/94 (c)(26) 59 FR 37696 International Mill Service, Inc ...... Consent Order CO–SIP–91–33 ...... 11/14/91 7/25/94 (c)(26) 59 FR 37696 Starvaggi Industries, Inc ...... Consent Order CO–SIP–91–34 ...... 11/14/91 7/25/94 (c)(26) 59 FR 37696 Quaker State Corporation ...... Consent Order CO–SIP–95–1 ...... 1/9/95 11/27/96 (c)(35) 61 FR 60191 Weirton Steel Corporation ...... Consent Order CO–SIP–95–2 ...... 1/9/95 11/27/96 (c)(35) 61 FR 60191 PPG Industries, Inc ...... Consent Order CO–SIP–2000–1 ...... 1/25/00 8/2/00 (c)(44)(i)(B)(1) 65 FR 47339
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EPA-APPROVED SOURCE SPECIFIC REQUIREMENTS—Continued
State EPA Additional expla- Source name Permit/order or registration number effective approval nation/citation at 40 date date CFR 52.2560
Bayer Corporation ...... Consent Order CO–SIP–2000–2 ...... 1/26/00 8/2/00 (c)(44)(i)(B)(2) 65 FR 47339 Columbian Chemicals Company .... Consent Order CO–SIP–2000–3 ...... 1/31/00 8/2/00 (c)(44)(i)(B)(3) 65 FR 47339 PPG Industries, Inc ...... Consent Order CO–SIP–C–2003–27 ...... 7/29/03 4/28/04 (c)(58) 69 FR 23110 Wheeling-Pittsburgh Steel Corpora- Operating Permit R13–1939A ...... 8/19/03 05/05/04 (c)(59)(i)(B)(1) tion. 69 FR 24986 Weirton Steel Corporation ...... Consent Order CO–SIP–C–2003–28 ...... 8/4/03 05/05/04 (c)(59)(i)(B)(2) 69 FR 24986
(e) EPA-approved nonregulatory and quasi-regulatory material.
State EPA Name of non-regulatory SIP revi- Applicable geographic area submittal approval Additional explanation sion date date
PM–10 Attainment Plan ...... Folansbee Area ...... 11/15/91 7/25/94 52.2522(f); renum- 59 FR 37688 bered as (d) at 60 FR 33925. 11/22/95 11/15/96 52.2522(g). 61 FR 58481 Sulfur Dioxide Attainment Dem- City of Weirton Butler and Clay Magisterial Dis- 12/29/03 05/05/04 52.2525(b). onstration. tricts (Brooke & Hancock Counties). 69 FR 24986 1990 Base Year Emissions In- Greenbrier County ...... 12/22/92 8/4/95 52.2531. ventory-VOC, CO, NOX. 60 FR 39857 Small Business stationary source Statewide ...... 1/13/93 9/15/93 52.2560. technical and environmental 58 FR 48309 compliance assistance program. Lead (Pb) SIP ...... Statewide ...... 6/13/80 10/29/81 52.2565(c)(15). 46 FR 53413 Air Quality Monitoring Network .... Statewide ...... 11/4/83 4/27/84 52.2565(c)(21). 49 FR 18094 Ozone Maintenance Plan, emis- Huntington Area (Cabell & Wayne Counties) ...... 8/10/94 12/21/94 52.2565(c)(30). sions inventory & contingency 59 FR 65719 measures. Ozone Maintenance Plan, emis- Parkersburg Area (Wood County) ...... 8/10/94 9/6/94 52.2565(c)(31). sions inventory & contingency 59 FR 45978 measures. Ozone Maintenance Plan, emis- Charleston Area (Kanahwa & Putnam Counties) .. 8/10/94 9/6/94 52.2565(c)(32). sions inventory & contingency 59 FR 45985 measures. Sulfur Dioxide Plan ...... Grant Magisterial District (Hancock County) ...... 2/17/95 11/27/96 52.2565(c)(35). 61 FR 60253 Ozone Maintenance Plan & con- Greenbrier County ...... 9/9/94 8/4/95 52.2565(c)(36). tingency measures. 60 FR 39857 Sulfur Dioxide Plan ...... Marshall County ...... 2/17/00 8/2/00 52.2565(c)(44). 65 FR 47339 Ozone Maintenance Plan— Huntington Area (Cabell & Wayne Counties) ...... 8/10/94 2/8/02 52.2565(c)(45). amendments. 67 FR 5953
[FR Doc. 05–2518 Filed 2–9–05; 8:45 am] ENVIRONMENTAL PROTECTION ACTION: Direct final rule. BILLING CODE 6560–50–P AGENCY SUMMARY: EPA is taking direct final 40 CFR Part 52 action to approve revisions to the Maricopa County Environmental [AZ131–125; FRL–7860–8] Services Department (MCESD) portion of the Arizona State Implementation Revisions to the Arizona State Plan (SIP). Under authority of the Clean Implementation Plan Maricopa County Air Act as amended in 1990 (CAA or the Environmental Services Department Act), we are approving an emission statement rule and a negative AGENCY: Environmental Protection declaration for a volatile organic Agency (EPA). compound (VOC) source category.
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DATES: This rule is effective on April 11, Air and Radiation Docket and Information Table of Contents 2005, without further notice, unless Center, U.S. Environmental Protection I. The State’s Submittal EPA receives adverse comments by Agency, Room B–102, 1301 Constitution A. What rule and negative declaration did Avenue, NW., (Mail Code 6102T), the State submit? March 14, 2005. If we receive such Washington, DC 20460. comments, we will publish a timely Arizona Department of Environmental B. Are there other versions of this rule or withdrawal in the Federal Register to Quality, Air Quality Division, 1110 West negative declaration? notify the public that this direct final Washington Street, Phoenix, Arizona 85007. C. What is the purpose of the submitted rule will not take effect. Maricopa County Department of rule and negative declaration? Environmental Services, Air Pollution II. EPA’s Evaluation and Action. ADDRESSES: Send comments to Andy Control Division, 1001 North Central A. How is EPA evaluating the rule and the Steckel, Rulemaking Office Chief (AIR– Avenue, Suite 100, Phoenix, Arizona 85004. negative declaration? 4), U.S. Environmental Protection Copies of the rule and the negative B. Do the rule and the negative declaration Agency, Region IX, 75 Hawthorne declaration may also be available via the meet the evaluation criteria? Street, San Francisco, CA 94105–3901 Internet at the following site, http:// C. Public comment and final action. III. Statutory and Executive Order Reviews or e-mail to [email protected], or www.maricopa.gov/envsvc/AIR/ submit comments at http:// ruledesc.asp. Please be advised that this I. The State’s Submittal www.regulations.gov. is not an EPA Web site and may not A. What Rule and Negative Declaration contain the same version of the rule that You can inspect copies of the rule and Did the State Submit? the negative declaration, EPA’s was submitted to EPA. technical support documents (TSDs), FOR FURTHER INFORMATION CONTACT: Julie Table 1 lists the rule and negative and public comments at our Region IX A. Rose, EPA Region IX, (415) 947– declaration we are approving with the office during normal business hours by 4126, [email protected]. dates that they were adopted by the appointment. You may also see copies SUPPLEMENTARY INFORMATION: MCESD and submitted by the Arizona of the submitted SIP revisions by Throughout this document, ‘‘we,’’ ‘‘us’’ Department of Environmental Quality appointment at the following locations: and ‘‘our’’ refer to EPA. (ADEQ).
TABLE 1.—SUBMITTED RULE AND NEGATIVE DECLARATION
Local agency Rule # Rule title Adopted Submitted
MCESD ...... 100, Sec. 504 ...... Emission Statements Required ...... 11–16–92 02–04–93 MCESD ...... Negative Declaration ...... Fiberglass Boat Manufacturing ...... 03–24–04 04–21–04
On March 10, 1993, and October 26, requirement for emission statements for The negative declaration was adopted to 2004, Rule 100, Section 504 and the classes or categories of sources with less fulfill the requirements of section negative declaration, submitted on than 25 tons per year if the class or 182(b)(2) of the CAA. February 4, 1993, and April 21, 2004, category is included in the base year respectively, were found to meet the and periodic inventories and emissions II. EPA’s Evaluation and Action completeness criteria in 40 CFR part 51 are calculated using emission factors A. How is EPA Evaluating the Rule and Appendix V, which must be met before established by EPA or other methods the Negative Declaration? formal EPA review. acceptable to EPA. Emission Statement B. Are There Other Versions of This Negative Declaration Rule or Negative Declaration? Section 182(b)(2) of the CAA requires The emission statement rule requires owners or operators of sources which There are no previous versions of the States to submit reasonably available emission statement rule nor the control technology (RACT) regulations emit VOC and NOX to provide the Fiberglass Boat Manufacturing negative for major stationary sources of VOC Control Officer with a statement declaration. emissions in areas designated as showing actual emissions of NOX and nonattainment and classified as VOC annually. The statement must C. What is the Purpose of the Submitted moderate or above. In order to fulfill contain a certification by a responsible Rule and Negative Declaration? this requirement, MCESD imposed official of the company that the Emission Statement Rule source-specific RACT standards in the information contained in the statement Title V permit for their Fiberglass Boat is accurate. In combination with the Section 182(a)(3)(B)(i) of the CAA Manufacturing source. On December 3, other requirements, these rules must be requires that States with areas 2001, the source notified MCESD of its enforceable (see section 110(a) of the designated as nonattainment for ozone intent to close their Phoenix facility and Act) and must not relax existing require emission statement data from cease operations no later than December requirements (see sections 110(l) and sources of volatile organic compounds 31, 2001. In addition, the source 193). EPA policy that we used to help (VOC) and oxides of nitrogen (NO ) in requested the cancellation of existing X evaluate enforceability requirements the nonattainment areas. This operating air quality permits as of that consistently includes the Bluebook requirement applies to all ozone date. On April 21, 2004, ADEQ nonattainment areas regardless of the submitted a SIP revision including a (‘‘Issues Relating to VOC Regulation classification (Marginal, Moderate, etc.) redesignation request and maintenance Cutpoints, Deficiencies, and Emission statements were required to be plan for the Maricopa County Deviations,’’ EPA, May 25, 1988) and submitted by November 15, 1993, and Nonattainment Area. As part of that the Little Bluebook (‘‘Guidance annually thereafter. Section revision, ADEQ also submitted a Document for Correcting Common VOC 182(a)(3)(B)(ii) of the CAA allows the negative declaration for the Fiberglass & Other Rule Deficiencies,’’ EPA Region States and local agencies to waive the Boat Manufacturing source category. 9, August 21, 2001).
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Negative Declaration 22, 2001). This action merely approves burden under the provisions of the The MCESD has certified that it state law as meeting Federal Paperwork Reduction Act of 1995 (44 currently does not have any sources of requirements and imposes no additional U.S.C. 3501 et seq.). Fiberglass Boat Manufacturing with the requirements beyond those imposed by The Congressional Review Act, 5 closure of Sea Ray Boats, Inc. The state law. Accordingly, the U.S.C. 801 et seq., as added by the Small MCESD reviewed Department permit Administrator certifies that this rule Business Regulatory Enforcement files, the 2002 Arizona Industrial will not have a significant economic Fairness Act of 1996, generally provides Directory, and the Toxic Release impact on a substantial number of small that before a rule may take effect, the Inventory System to determine if any entities under the Regulatory Flexibility agency promulgating the rule must other major sources of fiberglass boat Act (5 U.S.C. 601 et seq.). Because this submit a rule report, which includes a manufacturing exist in Maricopa rule approves pre-existing requirements copy of the rule, to each House of the County. Based on this review, MCESD under state law and does not impose Congress and to the Comptroller General declares that there are no major sources any additional enforceable duty beyond of the United States. EPA will submit a of fiberglass boat manufacturing present that required by state law, it does not report containing this rule and other in Maricopa County. contain any unfunded mandate or required information to the U.S. Senate, significantly or uniquely affect small the U.S. House of Representatives, and B. Do the Rule and the Negative governments, as described in the the Comptroller General of the United Declaration Meet the Evaluation Unfunded Mandates Reform Act of 1995 States prior to publication of the rule in Criteria? (Pub. L. 104–4). the Federal Register. A major rule We believe the emission statement This rule also does not have tribal cannot take effect until 60 days after it rule and the negative declaration are implications because it will not have a is published in the Federal Register. consistent with the relevant policy and substantial direct effect on one or more This action is not a ‘‘major rule’’ as guidance regarding enforceability and Indian tribes, on the relationship defined by 5 U.S.C. 804(2). SIP revisions. The TSDs have more between the Federal Government and Under section 307(b)(1) of the Clean information on our evaluation. Indian tribes, or on the distribution of Air Act, petitions for judicial review of power and responsibilities between the this action must be filed in the United C. Public Comment and Final Action Federal Government and Indian tribes, States Court of Appeals for the As authorized in section 110(k)(3) of as specified by Executive Order 13175 appropriate circuit by April 11, 2005. the Act, EPA is fully approving the (65 FR 67249, November 9, 2000). This Filing a petition for reconsideration by submitted rule as a revision to the SIP action also does not have federalism the Administrator of this final rule does and is approving the negative implications because it does not have not affect the finality of this rule for the declaration as additional information to substantial direct effects on the States, purposes of judicial review nor does it the SIP. We believe the rule and the on the relationship between the national extend the time within which a petition negative declaration fulfill all the government and the States, or on the for judicial review may be filed, and relevant requirements. We do not think distribution of power and shall not postpone the effectiveness of anyone will object to this approval, so responsibilities among the various such rule or action. This action may not we are finalizing it without proposing it levels of government, as specified in be challenged later in proceedings to in advance. However, in the Proposed Executive Order 13132 (64 FR 43255, enforce its requirements. (See section Rules section of this Federal Register, August 10, 1999). This action merely 307(b)(2).) we are simultaneously proposing approves a state rule implementing a approval of the same submitted rule and Federal standard, and does not alter the List of Subjects in 40 CFR Part 52 negative declaration. If we receive relationship or the distribution of power Environmental protection, Air adverse comments by March 14, 2005, and responsibilities established in the pollution control, Incorporation by we will publish a timely withdrawal in Clean Air Act. This rule also is not reference, Intergovernmental relations, the Federal Register to notify the public subject to Executive Order 13045 Nitrogen Oxides, Ozone, Reporting and that the direct final approval will not ‘‘Protection of Children from recordkeeping requirements. take effect and we will address the Environmental Health Risks and Safety Dated: December 22, 2004. comments in a subsequent final action Risks’’ (62 FR 19885, April 23, 1997), based on the proposal. If we do not because it is not economically Sally Seymour, receive timely adverse comments, the significant. Acting Regional Administrator, Region IX. direct final approval will be effective In reviewing SIP submissions, EPA’s I Part 52, chapter I, title 40 of the Code without further notice on April 11, role is to approve state choices, of Federal Regulations is amended as 2005. This will incorporate the rule into provided that they meet the criteria of follows: the federally enforceable SIP and add the Clean Air Act. In this context, in the the negative declaration as additional absence of a prior existing requirement PART 52—[AMENDED] information. for the State to use voluntary consensus I 1. The authority citation for part 52 standards (VCS), EPA has no authority continues to read as follows: III. Statutory and Executive Order to disapprove a SIP submission for Reviews failure to use VCS. It would thus be Authority: 42 U.S.C. 7401 et seq. Under Executive Order 12866 (58 FR inconsistent with applicable law for Subpart D—Arizona 51735, October 4, 1993), this action is EPA, when it reviews a SIP submission, not a ‘‘significant regulatory action’’ and to use VCS in place of a SIP submission I 2. Section 52.120 is amended by therefore is not subject to review by the that otherwise satisfies the provisions of adding paragraph (c)(78)(i)(B) to read as Office of Management and Budget. For the Clean Air Act. Thus, the follows: this reason, this action is also not requirements of section 12(d) of the subject to Executive Order 13211, National Technology Transfer and § 52.120 Identification of plan. ‘‘Actions Concerning Regulations That Advancement Act of 1995 (15 U.S.C. * * * * * Significantly Affect Energy Supply, 272 note) do not apply. This rule does (c) * * * Distribution, or Use’’ (66 FR 28355, May not impose an information collection (78) * * *
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(i) * * * system, select ‘‘quick search,’’ then key technical difficulties and cannot contact (B) Rule 100, Section 504 adopted on in the appropriate RME Docket you for clarification, EPA may not be November 16, 1992. identification number. Follow the able to consider your comment. * * * * * online instructions for submitting Electronic files should avoid the use of I comments. special characters and any form of 3. Section 52.122 is amended by • adding paragraph (a)(1)(ii) to read as EPA Region 6 ‘‘Contact Us’’ Web encryption, and should be free of any site: http://epa.gov/region6/ follows: defects or viruses. r6coment.htm. Please click on ‘‘6PD’’ Docket: All documents in the § 52.122 Negative declarations. (Multimedia) and select ‘‘Air’’ before electronic docket are listed in the (a) * * * submitting comments. Regional Materials in EDocket (RME) • (1) * * * E-mail: Mr. Thomas Diggs at index at http://docket.epa.gov/rmepub/. (ii) Fiberglass Boat Manufacturing was [email protected]. Please also send Although listed in the index, some adopted on March 24, 2004 and a copy by email to the person listed in information is not publicly available, submitted on April 21, 2004. the FOR FURTHER INFORMATION CONTACT i.e., CBI or other information whose section below. * * * * * disclosure is restricted by statute. • Fax: Mr. Thomas Diggs, Chief, Air Certain other material, such as [FR Doc. 05–2520 Filed 2–9–05; 8:45 am] Planning Section (6PD–L), at fax copyrighted material, is not placed on BILLING CODE 6560–50–P number 214–665–7263. the Internet and will be publicly • Mail: Mr. Thomas Diggs, Chief, Air available only in hard copy form. Planning Section (6PD–L), Publicly available materials relevant to ENVIRONMENTAL PROTECTION Environmental Protection Agency, 1445 AGENCY this rulemaking are available either Ross Avenue, Suite 1200, Dallas, Texas electronically in RME or in the official 75202–2733. 40 CFR Part 52 • file, which is available at the Air Hand or Courier Delivery: Mr. Planning Section (6PD–L), [R06–OAR–2005–TX–0001; FRL–7871–7] Thomas Diggs, Chief, Air Planning Environmental Protection Agency, 1445 Section (6PD–L), Environmental Approval and Promulgation of Air Ross Avenue, Suite 700, Dallas, Texas Protection Agency, 1445 Ross Avenue, 75202–2733. The file will be made Quality Implementation Plans; Texas; Suite 1200, Dallas, Texas 75202–2733. available by appointment for public Revisions To Control Volatile Organic Such deliveries are accepted only inspection in the Region 6 FOIA Review Compound Emissions From Consumer between the hours of 8 a.m. and 4 p.m. Room between the hours of 8:30 a.m. Related Sources weekdays except for legal holidays. and 4:30 p.m. weekdays except for legal Special arrangements should be made AGENCY: Environmental Protection holidays. Contact the person listed in for deliveries of boxed information. Agency (EPA). Instructions: Direct your comments to the FOR FURTHER INFORMATION CONTACT ACTION: Direct final rule. RME ID No. R06–OAR–2005–TX–0001. paragraph below or Mr. Bill Deese at EPA’s policy is that all comments 214–665–7253 to make an appointment. SUMMARY: EPA is taking direct final received will be included in the public If possible, please make the action to approve Texas State file without change and may be made appointment at least two working days Implementation Plan (SIP) revisions. available online at http:// in advance of your visit. There will be The revisions pertain to regulations to docket.epa.gov/rmepub/, including any a 15 cent per page fee for making control volatile organic compound personal information provided, unless photocopies of documents. On the day (VOC) emissions from consumer related the comment includes information of the visit, please check in at the EPA sources. The control of VOC emissions claimed to be Confidential Business Region 6 reception area at 1445 Ross will help to attain and maintain national Information (CBI) or other information Avenue, Suite 700, Dallas, Texas. ambient air quality standards for ozone the disclosure of which is restricted by The State submittal is also available in Texas. This approval will make the statute. Do not submit information for public inspection at the State Air revised regulations Federally through Regional Materials in EDocket Agency listed below during official enforceable. (RME), regulations.gov or e-mail if you business hours by appointment: Texas Commission on Environmental DATES: This rule is effective on April 11, believe that it is CBI or otherwise Quality, Office of Air Quality, 12124 2005 without further notice, unless EPA protected from disclosure. The EPA Park 35 Circle, Austin, Texas 78753. receives adverse comment by March 14, RME Web site and the Federal 2005. If EPA receives such comment, regulations.gov Web site are FOR FURTHER INFORMATION CONTACT: Carl EPA will publish a timely withdrawal in ‘‘anonymous access’’ systems, which Young, Air Planning Section (6PD–L), the Federal Register informing the means EPA will not know your identity Environmental Protection Agency, public that this rule will not take effect. or contact information unless you Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202–2733, telephone ADDRESSES: Submit your comments, provide it in the body of your comment. 214–665–6645; fax number 214–665– identified by Regional Materials in If you send an e-mail comment directly 7263; e-mail address EDocket (RME) ID No. R06–OAR–2005– to EPA without going through RME or [email protected]. TX–0001, by one of the following regulations.gov, your e-mail address methods: will be automatically captured and SUPPLEMENTARY INFORMATION: • Federal eRulemaking Portal: http:// included as part of the comment that is Throughout this document, whenever www.regulations.gov. Follow the on-line placed in the public file and made ‘‘we’’ ‘‘us’’ or ‘‘our’’ is used, we mean instructions for submitting comments. available on the Internet. If you submit the EPA. • Agency Web site: http:// an electronic comment, EPA Outline docket.epa.gov/rmepub/. Regional recommends that you include your I. What Is a SIP? Materials in EDocket (RME), EPA’s name and other contact information in II. What Action Is EPA Taking? electronic public docket and comment the body of your comment and with any III. What Is the Effect of This Action? system, is EPA’s preferred method for disk or CD–ROM you submit. If EPA IV. Final Action receiving comments. Once in the cannot read your comment due to V. Statutory and Executive Order Reviews
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I. What Is a SIP? consumer products except automotive to (1) containers with a capacity less Section 110 of the Clean Air Act windshield washer fluid sold or than or equal to one quarter, or greater (CAA) requires states to develop air distributed in Texas because national than ten gallons, (2) safety cans when pollution regulations and control standards are now in place. Texas their use is required by the strategies to ensure that state air quality retained the state VOC standard for Occupational Safety and Health meets the national ambient air quality windshield washer fluid because a more Administration under 29 CFR standards (NAAQS) established by EPA. restrictive state standard would help 1926.155(l), and (3) containers filled attain national ambient air quality with fuel by the manufacturer prior to These ambient standards are established standards for ozone in Texas. EPA is sale to consumers and that are not under section 109 of the CAA, and they approving this change because intended for reuse as portable fuel currently address six criteria pollutants. equivalent emission reduction will containers. These pollutants are: carbon monoxide, continue to be achieved. nitrogen dioxide, ozone, lead, The revision adopted on October 27, IV. Final Action particulate matter, and sulfur dioxide. 2004 set requirements for portable fuel EPA is approving revisions to the Each state which contains areas that containers and spouts sold or Texas SIP pertaining to control of VOC are not attaining the NAAQS, must distributed in Texas that are emissions from consumer related submit these regulations and control manufactured on or after December 31, sources. strategies to us for approval and 2004. The purpose of this revision is to We have evaluated the State’s incorporation into the Federally- lower VOC emissions in Texas from submittal and have determined that it enforceable State Implementation Plan portable fuel containers that spill or meets the applicable requirements of the (SIP). leak. EPA is approving this revision as Clean Air Act and EPA air quality Each Federally-approved SIP protects it strengthens the SIP. regulations, and is consistent with EPA air quality primarily by addressing air policy. Therefore, we are approving pollution at its point of origin. These III. What Is the Effect of This Action? revisions to the Texas SIP which amend SIPs can be extensive, containing state This action approves revisions to the and add regulations to control VOC regulations or other enforceable Texas SIP that pertain to regulations to emissions from consumer related documents and supporting information control VOC emissions from consumer sources. such as emission inventories, related sources. This approval will make EPA is publishing this rule without monitoring networks, and modeling these revised regulations Federally prior proposal because we view this as demonstrations. enforceable. Enforcement of the a noncontroversial amendment and II. What Action Is EPA Taking? regulations in a State SIP before and anticipate no adverse comments. after it is incorporated into the federally However, in the proposed rules section EPA is taking direct final action to approved SIP is primarily a state of this Federal Register publication, we approve revisions to the Texas ozone responsibility. However, after the are publishing a separate document that SIP (Texas SIP) that pertain to regulations are Federally approved, we will serve as the proposal to approve the regulations which control VOC are authorized to take enforcement SIP revision if adverse comments are emissions from consumer related action against violators. Citizens are also received. This rule will be effective on sources. The regulations can be found in offered legal recourse to address April 11, 2005 without further notice the Texas Administrative Code, title 30, violations as described in section 304 of unless we receive adverse comment by chapter 115, subchapter G. The the Clean Air Act. March 14, 2005. If we receive adverse revisions were adopted by the Texas The revisions (1) removed state VOC comments, we will publish a timely Commission on Environmental Quality emission standards for all consumer withdrawal in the Federal Register (TCEQ) and submitted to EPA. One products except automotive windshield informing the public that the rule will revision was adopted on January 28, washer fluid sold or distributed in not take effect. We will address all 2004 and submitted on February 13, Texas because national standards are in public comments in a subsequent final 2004. Another revision was adopted on place, and (2) set requirements for rule based on the proposed rule. We October 27, 2004 and submitted on portable fuel containers and spouts sold will not institute a second comment November 16, 2004. or distributed in Texas. Consumer period on this action. Any parties On May 4, 1994 Texas adopted a VOC products sold or distributed in Texas interested in commenting must do so emissions regulation for consumer must meet national VOC emission now. Please note that if we receive products sold or distributed in Texas. standards found in 40 CFR part 59 adverse comment on an amendment, The regulation was approved by EPA on subpart C and Texas standards for paragraph, or section of this rule and if May 22, 1997 (62 FR 27964). On windshield wiper fluid and portable that provision may be severed from the September 11, 1998 EPA issued a fuel containers found in the Texas remainder of the rule, we may adopt as national regulation for VOC emissions Administrative Code, title 30, chapter final those provisions of the rule that are from consumer products similar to that 115, subchapter G. not the subject of an adverse comment. adopted by Texas (63 FR 48819). The Portable fuel containers and spouts national regulation can be found at 40 sold or distributed in Texas that are V. Statutory and Executive Order CFR part 59 subpart C. The national manufactured on or after December 31, Reviews regulation adopted a less stringent VOC 2004 must comply with new Under Executive Order 12866 (58 FR standard for automotive windshield requirements. Portable fuel containers 51735, October 4, 1993), this action is wiper fluid than that found in the Texas must have only one opening in the not a ‘‘significant regulatory action’’ and regulation. The national standard is a vessel. Spouts for these containers must therefore is not subject to review by the limit of 35% VOC content by weight, (1) have an automatic shutoff device to Office of Management and Budget. For while the Texas standard is 23.5%. prevent spilling, (2) automatically close this reason, this action is also not Texas revised the state VOC regulation and seal when removed from the fuel subject to Executive Order 13211, on January 28, 2004 and submitted it to tank, and (3) seal without leakage when ‘‘Actions Concerning Regulations That EPA on February 13, 2004. This revision affixed to the portable fuel container Significantly Affect Energy Supply, removed state VOC standards for all vessel. The requirements do not apply Distribution, or Use’’ (66 FR 28355, May
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22, 2001). This action merely approves provided that they meet the criteria of such rule or action. This action may not state law as meeting Federal the Clean Air Act. In this context, in the be challenged later in proceedings to requirements and imposes no additional absence of a prior existing requirement enforce its requirements. (See section requirements beyond those imposed by for the State to use voluntary consensus 307(b)(2).) state law. Accordingly, the standards (VCS), EPA has no authority List of Subjects in 40 CFR Part 52 Administrator certifies that this rule to disapprove a SIP submission for will not have a significant economic failure to use VCS. It would thus be Environmental protection, Air impact on a substantial number of small inconsistent with applicable law for pollution control, Intergovernmental entities under the Regulatory Flexibility EPA, when it reviews a SIP submission, relations, Ozone, Reporting and Act (5 U.S.C. 601 et seq.). Because this to use VCS in place of a SIP submission recordkeeping requirements, Volatile rule approves pre-existing requirements that otherwise satisfies the provisions of organic compounds. under state law and does not impose the Clean Air Act. Thus, the any additional enforceable duty beyond requirements of section 12(d) of the Dated: January 31, 2005. that required by state law, it does not National Technology Transfer and Richard E. Greene, contain any unfunded mandate or Advancement Act of 1995 (15 U.S.C. Regional Administrator, Region 6. significantly or uniquely affect small 272 note) do not apply. This rule does I 40 CFR part 52 is amended as follows: governments, as described in the not impose an information collection Unfunded Mandates Reform Act of 1995 burden under the provisions of the PART 52—[AMENDED] (Pub. L. 104–4). Paperwork Reduction Act of 1995 (44 This rule also does not have tribal U.S.C. 3501 et seq.). I 1. The authority citation for part 52 implications because it will not have a The Congressional Review Act, 5 continues to read as follows: substantial direct effect on one or more U.S.C. 801 et seq., as added by the Small Authority: 42 U.S.C. 7402 et seq. Indian tribes, on the relationship Business Regulatory Enforcement between the Federal Government and Fairness Act of 1996, generally provides Subpart SS—Texas Indian tribes, or on the distribution of that before a rule may take effect, the power and responsibilities between the agency promulgating the rule must I 2. The table in § 52.2270(c) entitled Federal Government and Indian tribes, submit a rule report, which includes a ‘‘EPA Approved Regulations in the as specified by Executive Order 13175 copy of the rule, to each House of the Texas SIP’’ under Chapter 115 (Reg 5) is (65 FR 67249, November 9, 2000). This Congress and to the Comptroller General amended as follows: action also does not have federalism of the United States. EPA will submit a I implications because it does not have report containing this rule and other a. Under the heading ‘‘Subchapter G: substantial direct effects on the States, required information to the U.S. Senate, Consumer-Related Sources,’’ by on the relationship between the national the U.S. House of Representatives, and removing the entry for Section 115.600 to government and the States, or on the the Comptroller General of the United 115.619, Consumer Products; distribution of power and States prior to publication of the rule in I b. Immediately following the centered responsibilities among the various the Federal Register. A major rule heading ‘‘Subchapter G: Consumer- levels of government, as specified in cannot take effect until 60 days after it Related Sources,’’ by adding a new Executive Order 13132 (64 FR 43255, is published in the Federal Register. centered heading ‘‘Division 1: August 10, 1999). This action merely This action is not a ‘‘major rule’’ as Automotive Windshield Washer Fluid’’ approves a state rule implementing a defined by 5 U.S.C. 804(2). followed by entries for Sections 115.600, Federal standard, and does not alter the Under section 307(b)(1) of the Clean 115.610, 115.612, 115.613, 115.615, relationship or the distribution of power Air Act, petitions for judicial review of 115.616, 115.617, and 115.619, and responsibilities established in the this action must be filed in the United immediately followed by a new centered Clean Air Act. This rule also is not States Court of Appeals for the heading.’’Division 2: Portable Fuel subject to Executive Order 13045 appropriate circuit by April 11, 2005. Containers’ immediately followed by ‘‘Protection of Children From Filing a petition for reconsideration by new entries for Sections 115.620, Environmental Health Risks and Safety the Administrator of this final rule does 115.621, 115.622, 115.626, 115.627, and Risks’’ (62 FR 19885, April 23, 1997), not affect the finality of this rule for the 115.629, to read as follows: because it is not economically purposes of judicial review nor does it § 52.2270 Identification of plan. significant. extend the time within which a petition In reviewing SIP submissions, EPA’s for judicial review may be filed, and * * * * * role is to approve state choices, shall not postpone the effectiveness of (c) * * *
EPA APPROVED REGULATIONS IN THE TEXAS SIP
State ap- State citation Title/subject proval/sub- EPA approval date Explanation mittal date
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Chapter 115 (Reg 5)—Control of Air Pollution from Volatile Organic Compounds
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EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued
State ap- State citation Title/subject proval/sub- EPA approval date Explanation mittal date
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Subchapter G: Consumer-Related Sources
Division 1: Automotive Windshield Washer Fluid
Section 115.600 ...... Consumer Products Definitions .. 01/28/04 02/10/05 [Insert date of FR publication]. Section 115.610 ...... Applicability ...... 01/28/04 02/10/05 [Insert date of FR publication]. Section 115.612 ...... Control Requirements ...... 01/28/04 02/10/05 [Insert date of FR publication]. Section 115.613 ...... Alternate Control Requirements .. 01/28/04 02/10/05 [Insert date of FR publication]. Section 115.615 ...... Testing Requirements ...... 01/28/04 02/10/05 [Insert date of FR publication]. Section 115.616...... Recordkeeping and Reporting 01/28/04 02/10/05 [Insert date of FR publication]. Requirements. Section 115.617 ...... Exemptions ...... 01/28/04 02/10/05 [Insert date of FR publication]. Section 115.619...... Counties and Compliance 01/28/04 02/10/05 [Insert date of FR publication]. Schedules.
Division 2: Portable Fuel Containers
Section 115.620 ...... Definitions ...... 10/27/04 02/10/05 [Insert date of FR publication]. Section 115.621 ...... Applicability ...... 10/27/04 02/10/05 [Insert date of FR publication]. Section 115.622...... Performance Standards and 10/27/04 02/10/05 [Insert date of FR publication]. Testing Requirements. Section 115.626 ...... Labeling ...... 10/27/04 02/10/05 [Insert date of FR publication]. Section 115.627 ...... Exemptions ...... 10/27/04 02/10/05 [Insert date of FR publication]. Section 115.629 ...... Affected Counties and Compli- 10/27/04 02/10/05 [Insert date of FR publication]. ance Schedules.
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[FR Doc. 05–2616 Filed 2–9–05; 8:45 am] DATES: This regulation is effective DC 20460; telephone number: (703) BILLING CODE 6560–50–P February 10, 2005. Objections and 308–9366; and e-mail address: requests for hearings must be received [email protected]. on or before April 11, 2005. SUPPLEMENTARY INFORMATION: ENVIRONMENTAL PROTECTION ADDRESSES: EPA has established a AGENCY I. General Information docket for this action under Docket ID 40 CFR Part 180 number OPP–2005–0025. All A. Does this Action Apply to Me? documents in the docket are listed in You may be potentially affected by the EDOCKET index at http:// [OPP–2005–0025; FRL–7690–6] this action if you are an agricultural www.epa.gov/edocket. Although listed producer, food manufacturer, or Pesticides; Removal of Expired Time- in the index, some information is not pesticide manufacturer. Potentially limited Tolerances for Emergency publicly available, i.e., CBI or other affected entities may include, but are Exemptions information whose disclosure is not limited to: restricted by statute. Certain other • Crop production (NAICS 111) AGENCY: Environmental Protection material, such as copyrighted material, • Animal production (NAICS 112) Agency (EPA). is not placed on the Internet and will be • Food manufacturing (NAICS 311) publicly available only in hard copy ACTION: Final rule. • Pesticide manufacturing (NAICS form. Publicly available docket 32532) materials are available either SUMMARY: EPA is amending 40 CFR part This listing is not intended to be 180 to remove time-limited tolerances electronically in EDOCKET or in hard exhaustive, but rather provides a guide for several pesticides that were copy at the Public Information and for readers regarding entities likely to be originally established to support Records Integrity Branch (PIRIB), Rm. affected by this action. Other types of emergency exemptions issued under 119, Crystal Mall #2, 1801 S. Bell St., entities not listed in this unit could also section 18 of the Federal Insecticide, Arlington, VA. This docket facility is be affected. The North American Fungicide, and Rodenticide Act open from 8:30 a.m. to 4 p.m., Monday Industrial Classification System (FIFRA). These time-limited tolerances through Friday, excluding legal (NAICS) codes have been provided to are being removed from 40 CFR part 180 holidays. The docket telephone number assist you and others in determining because they have since expired. The is (703) 305–5805. whether this action might apply to expired time-limited tolerances are FOR FURTHER INFORMATION CONTACT: Dan certain entities. If you have any obsolete and therefore unnecessary and Rosenblatt, Registration Division questions regarding the applicability of are being removed with this final rule to (7505C), Office of Pesticide Programs, this action to a particular entity, consult ensure that the regulatory listings of Environmental Protection Agency, 1200 the person listed under FOR FURTHER tolerances is properly updated. Pennsylvania Ave., NW.,Washington, INFORMATION CONTACT.
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B. How Can I Access Electronic Copies interest, the agency may issue a rule 2. Azoxystrobin. Time-limited of this Document and Other Related without providing notice and an tolerances for chickpea seed, lychee and Information? opportunity for public comment. EPA pepper are being removed from In addition to using EDOCKET (http:/ has determined that there is good cause § 180.507 because they expired on /www.epa.gov/edocket/), you may for making today’s rule final without December 31, 2003. access this Federal Register document prior proposal and opportunity for 3. Bifenthrin. Time-limited tolerances electronically through the EPA Internet comment because the actions taken in for peanut and potato are being removed under the ‘‘Federal Register’’ listings at this final rule represent technical from § 180.442 because they expired on http://www.epa.gov/fedrgstr/. A corrections to the regulations and do not or before December 31, 2003. frequently updated electronic version of involve substantive Agency action. 4. Bromoxynil. Time-limited 40 CFR part 180 is available at E-CFR The removal of an expired time- tolerances for timothy hay and forage Beta Site Two at http:// limited tolerance from 40 CFR part 180 are being removed from § 180.324 www.gpoaccess.gov/ecfr/. represents a simple correction of the because they expired on June 30, 2003. regulations, and does not involve any 5. Clethodim. The time-limited C. How Can I Submit an Objection or substantive Agency action. The tolerances for tall fescue hay and forage Request a Hearing Under FFDCA? expiration date for the time-limited are being removed from § 180.458 Although section 408(g) of the Federal tolerance is set when the Agency issues because they expired on June 30, 2004. Food, Drug, and Cosmetic Act (FFDCA), the final rule that originally establishes, 6. Cymoxanil. The time-limited as amended by the Food Quality or a subsequent final rule that amends, tolerance for dried cone hop is being Protection Act (FQPA), allows any the specific time-limited tolerance. removed from § 180.503 because it person to file an objection or request a Once that time-limited tolerance expired on December 31, 2003. hearing when the Agency issues a final expires, the associated listing in 40 CFR 7. Cyprodinil. The time-limited tolerance action under section 408, EPA part 180 is obsolete and must be tolerance for caneberries is being does not expect that anyone will file an removed to reflect that expiration. removed from § 180.532 because it objection or request a hearing for this For these reasons, notice and public expired on December 31, 2003. particular rule because the tolerances procedure are unnecessary. EPA finds 8. Cyfluthrin. Time-limited tolerances being revoked here are obsolete. If, for that this constitutes good cause under 5 for grape and raisin are being removed some reason, anyone wishes to file an U.S.C. 553(b)(B). from § 180.436 because they expired on objection or request for a hearing under III. Overview of Today’s Action June 30, 2003. section 408(g), please follow the EPA 9. Dimethomorph. Time-limited procedural regulations which govern the A. What Action is EPA Taking? tolerances for cantaloupe, cucumber, submission of objections and requests For each pesticide chemical and squash, and watermelon are being for hearings that appear in 40 CFR part commodity combination listed below, removed from § 180.493 because they 178. Note that the period for filing EPA previously established a time- expired on December 31, 2003. objections is now 60 days, rather than limited tolerance, under section 408 of 10. Fluroxypyr 1-methylheptyl ester. 30 days. the Federal Food, Drug, and Cosmetic Time-limited tolerances for cattle kidney, goat kidney, grass forage and II. Authority Act (FFDCA), 21 U.S.C. 346a, as amended by the Food Quality Protection hay, hog kidney, horse kidney, milk and A. What is EPA’s Authority for Revoking Act of 1996 (FQPA) (Public Law 104– sheep kidney are being removed from these Tolerances? 170). EPA established the tolerances § 180.535 because they expired on This final rule is issued pursuant to because section 408(l)(6) of the FFDCA December 31, 2004. section 408(e) of FFDCA, as amended by requires EPA to establish a time-limited 11. Imidacloprid. Time-limited the FQPA (21 U.S.C. 346a(e)). Section tolerance or exemption from the tolerances for garden beet roots and 408 of FFDCA authorizes the requirement for a tolerance for pesticide tops, blueberry, cranberry, prune, and establishment of tolerances, exemptions chemical residues in food that will legume vegetable are being removed from the requirement of a tolerance, result from the use of a pesticide under from § 180.472 because they expired on modifications in tolerances, and an emergency exemption granted by or before June 30, 2004. revocation of tolerances for residues of EPA under section 18 of FIFRA. These 12. Metolachlor. Time-limited pesticide chemicals in or on raw time-limited tolerances are being tolerances for grass forage and hay, agricultural commodities and processed removed from 40 CFR part 180 today spinach, tomato, tomato paste and foods. Without a tolerance or tolerance because they have since expired making tomato puree are being removed from exemption, food containing pesticide these time-limited tolerances obsolete. § 180.368 because they expired on or residues is considered to be unsafe and before December 31, 2004. B. Which Time-Limited Tolerances are 13. Methoxyfenozide. Time-limited therefore ‘‘adulterated’’ under section Obsolete? 402(a) of the FFDCA. If food containing tolerances for field corn forage, grain pesticide residues is found to be The time-limited tolerances for the and stover and corn oil are being adulterated, the food may not be following pesticide chemicals on removed from § 180.544 because they distributed in interstate commerce (21 specific commodities are being removed expired on December 31, 2003. U.S.C. 331(a) and 342(a)). from 40 CFR part 180 because the time- 14. Norflurazon. Time-limited limited tolerances have expired for the tolerances for Bermuda grass hay and B. Why is EPA Issuing this as a Final pesticide and commodity covered by the forage are being removed from § 180.356 Rule? time-limited tolerance. Therefore, the because they expired on November 30, Section 553 of the Administrative time-limited tolerance is obsolete and 2002. Procedure Act, 5 U.S.C. 553(b)(B), no longer necessary: 15. Propamocarb. Time-limited provides that, when an agency for good 1. Aluminum tris. The time-limited tolerances for tomato and tomato paste cause finds that notice and public tolerance for succulent pea is being are being removed from § 180.499 procedure are impracticable, removed from § 180.415 because it because they expired on December 31, unnecessary or contrary to the public expired on September 31, 2000. 2003.
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17. Pymetrozine. The time-limited regulatory flexibility provisions of the the issuing agency to make a rule tolerance for pecan is being removed Regulatory Flexibility Act (RFA)(5 effective sooner than otherwise from § 180.556 because it expired on U.S.C. 601 et seq.), or to sections 202 provided by the CRA if the agency December 31, 2002. and 205 of the Unfunded Mandates makes a good cause finding that notice 18. Pyriproxyfen. The time-limited Reform Act of 1995 (UMRA)(Public Law and public procedure is impracticable, tolerance for stone fruit (group 12) is 104–4). In addition, this action does not unnecessary or contrary to the public being removed from § 180.510 because it significantly or uniquely affect small interest. This determination must be expired on December 31, 2002. governments or impose a significant supported by a brief statement. 5 U.S.C. 19. Spinosad. The time-limited intergovernmental mandate, as 808(2). As stated in Unit II.B., EPA has tolerance for cranberry is being removed described in sections 203 and 204 of made such a good cause finding for this from § 180.495 because it expired on UMRA. This action does not alter the rule, including the reasons therefor, and June 30, 2003. relationships or distribution of power established an effective date of February 20. Sulfentrazone. The time-limited and responsibilities established by 10, 2005. EPA will submit a report tolerance for chickpea seed is being Congress in the preemption provisions containing this rule and other required removed from § 180.498 because it of FFDCA section 408(n)(4). This action information to the U.S. Senate, the U.S. expired on December 31, 2004. will not have substantial direct effects House of Representatives, and the 21. Tebuconazole. The time-limited on State or tribal governments, on the Comptroller General of the United tolerance for hops is being removed relationship between the Federal States prior to publication of this final from § 180.474 because it expired on government and States or Indian tribes, rule in the Federal Register. This final December 31, 2003. or on the distribution of power and rule is not a ‘‘major rule’’ as defined by 22. Tebufenozide. Time-limited responsibilities between the Federal 5 U.S.C. 804(2). tolerances for egg, grass forage and hay, government and States or Indian tribes. longan, lychee, peanut, peanut hay, As a result, this action does not require List of Subjects in 40 CFR Part 180 peanut meal, peanut oil, poultry fat, any action under Executive Order Environmental protection, poultry meat, poultry meat byproducts, 13132, entitled Federalism (64 FR Administrative practice and procedure, sunflower seed, foliage of legume 43255, August 10, 1999), or under Agricultural commodities, Pesticides vegetable (group 7) and legume Executive Order 13175, entitled and pests, Reporting and recordkeeping vegetable (group 6) are being from Consultation and Coordination with requirements. § 180.482 removed because they expired Indian Tribal Governments (65 FR on or before December 31, 2003. 67249, November 6, 2000). Nor does it Dated: January 30, 2005. 23. Triflumizole. The time-limited require special considerations under Lois Rossi, tolerance for filbert is being removed Executive Order 12898, entitled Federal Director, Registration Division, Office of from § 180.476 because it expired on Actions to Address Environmental Pesticide Programs. June 30, 2004. Justice in Minority Populations and I 24. Zinc phosphide. The time-limited Therefore, 40 CFR chapter I is Low-Income Populations (59 FR 7629, amended as follows: tolerance for wheat aspirated grain February 16, 1994); or Executive Order fractions is being removed from 12630, entitled Governmental Actions PART 180—[AMENDED] § 180.284 because it expired on and Interference with Constitutionally December 31, 2003. Protected Property Rights (53 FR 8859, I 1. The authority citation for part 180 IV. Regulatory Assessment March 15, 1988). This action does not continues to read as follows: Requirements involve any technical standards that Authority: 21 U.S.C. 321(q), 346(a) and would require Agency consideration of 371. This final rule removes obsolete time- voluntary consensus standards pursuant limited tolerances that were previously to section 12(d) of the National § 180.284 [Amended] established under FFDCA section 408 of Technology Transfer and Advancement I 2. In § 180.284 in the table in the FFDCA. The Office of Management Act of 1995 (NTTAA), Public Law 104– and Budget (OMB) has exempted paragraph (b), remove the entry for 113, section 12(d) (15 U.S.C. 272 note). wheat, aspirated grain fractions. tolerance actions like this revocation This rule does not impose an from review under Executive Order information collection burden under the I 3. In § 180.324, paragraph (b) is 12866, entitled Regulatory Planning and provisions of the Paperwork Reduction removed and reserved as follows: Review (58 FR 51735, October 4, 1993). Act (PRA)(44 U.S.C. 3501 et seq.). In Because this rule has been exempted § 180.324 Bromoxynil; tolerances for issuing this rule, EPA has taken the residues. from review under Executive Order necessary steps to eliminate drafting * * * * * 12866, this rule is not subject to errors and ambiguity, minimize Executive Order 13045, entitled potential litigation, and provide a clear (b) Section 18 emergency exemptions. Protection of Children from legal standard for affected conduct, as [Reserved] Environmental Health Risks and Safety required by section 3 of Executive Order * * * * * Risks (62 FR 19885, April 23, 1997), or 12988 (61 FR 4729, February 7, 1996). I Executive Order 13211, entitled Actions 4. In § 180.356, paragraph (b) is Concerning Regulations That V. Submission to Congress and the removed and reserved as follows: Significantly Affect Energy Supply, Comptroller General § 180.356 Norflurazon; tolerances for Distribution, or Use (66 FR 28355, May The Congressional Review Act, 5 residues. 22, 2001). Because the agency has made U.S.C. 801 et seq., generally provides * * * * * a ‘‘good cause’’ finding that this action that before a rule may take effect, the (b) Section 18 emergency exemptions. is not subject to notice-and-comment agency promulgating the rule must [Reserved] requirements under the Administrative submit a rule report, which includes a Procedure Act or any other statute (see copy of the rule, to each House of the * * * * * discussion in Unit II.B. of this Congress and to the Comptroller General I 5. In § 180.368, paragraph (b) is preamble), it is not subject to the of the United States. Section 808 allows removed and reserved as follows:
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§ 180.368 Metholachlor; tolerances for § 180.482 Tebufenozide; tolerances for § 180.532 Cyprodinil; tolerances for residues. residues. residues. * * * * * * * * * * * * * * * (b) Section 18 emergency exemptions. (b) * * * (b) Section 18 emergency exemptions. [Reserved] [Reserved] * * * * * Expiration/ * * * * * Commodity Parts per revocation I 6. In § 180.415, paragraph (b) is million date § 180.535 [Amended] removed and reserved as follows: Beet, garden, I 22. In § 180.535, in the table in § 180.415 Aluminum tris (O- roots ...... 0.3 12/31/05 paragraph (b), remove the entries, cattle, ethylphosphate); tolerances for residues. Beet, garden, kidney; goat, kidney; grass, forage; grass, * * * * * tops ...... 9.0 12/31/05 hay; hog, kidney; horse, kidney; milk and (b) Section 18 emergency exemptions. Grape ...... 3.0 12/31/05 sheep, kidney. [Reserved] Sweet potato, * * * * * roots ...... 0.25 12/31/05 § 180.544 [Amended] I I 23. In § 180.544, in the table in 7. In § 180.436, paragraph (b) is * * * * * removed and reserved as follows: paragraph (b), remove the entries, corn, I 14. In § 180.493, paragraph (b) is field, forage; corn, field, grain; corn, § 180.436 Cyfluthrin; tolerances for removed and reserved as follows: field, stover; and corn, oil. residues I § 180.493 Dimethomorph; tolerances for 24. In § 180.556, paragraph (b) is * * * * * removed and reserved as follows: (b) Section 18 emergency exemptions. residues. [Reserved] * * * * * § 180.556 Pymetrizone; tolerances for * * * * * (b) Section 18 emergency exemptions. residues. [Reserved] * * * * * § 180.442 [Amended] * * * * * (b) Section 18 emergency exemptions. I 8. In § 180.442 in the table in [Reserved] paragraph (b), remove the entries for § 180.495 [Amended] * * * * * peanut and potato. I 15. In § 180.495, in the table in [FR Doc. 05–2614 Filed 2–9–05; 8:45 a.m.] I 9. In § 180.458, paragraph (b) is paragraph (b), remove the entry for BILLING CODE 6560–50–S removed and reserved as follows: cranberry. § 180.458 Clethodim; tolerances for § 180.498 [Amended] residues. DEPARTMENT OF TRANSPORTATION I * * * * * 16. In § 180.498, in the table in (b) Section 18 emergency exemptions. paragraph (b), remove the entry for Federal Railroad Administration [Reserved] chickpea, seed. 49 CFR Part 214 * * * * * I 17. In § 180.499, paragraph (b) is I 10. In § 180.472, the table in paragraph removed and reserved as follows: [Docket No. FRA–2001–10426] (b) is revised to read as follows: § 180.499 Propamocarb hydrochloride; RIN 2130–AA48 tolerances for residues. § 180.472 Imidacloprid; tolerances for Railroad Workplace Safety residues. * * * * * (b) * * * (b) Section 18 emergency exemptions. AGENCY: Federal Railroad [Reserved] Administration (FRA), Department of Expiration/ * * * * * Transportation (DOT). Commodity Parts per revocation million date I 18. In § 180.503, paragraph (b) is ACTION: Interim final rule. removed and reserved as follows: Almond ...... 0.05 12/31/05 SUMMARY: FRA is amending regulations Almond, hulls .... 4.0 12/31/05 § 180.503 Cymoxanil, tolerances for on Railroad Workplace Safety to clarify Soybean, seed .. 1.0 12/31/06 residues. an ambiguous provision concerning the * * * * * circumstances under which life vests or * * * * * (b) Section 18 emergency exemptions. buoyant work vests are required for bridge workers working over water. § 180.474 [Amended] [Reserved] DATES: * * * * * Effective Date: This rule becomes I 11. In § 180.474, in the table in effective April 11, 2005. paragraph (b), remove the entry for hop. § 180.507 [Amended] Written Comments: Written comments I 12. In § 180.476, paragraph (b) is must be received no later than March I 19. In § 180.507, the table in paragraph removed and reserved as follows: 28, 2005. Comments received after that (b) is Amended by removing the entries date will be considered to the extent § 180.476 Triflumizole; tolerances for for chickpea, seed; lychee; and pepper. possible without incurring additional residues. § 180.510 [Amended] expense or delay. * * * * * ADDRESSES: You may submit comments, I (b) Section 18 emergency exemptions. 20. In § 180.510, in the table in identified by DOT DMS Docket Number [Reserved] paragraph (b), remove the entry for Fruit, FRA–2001–10426, by any of the * * * * * stone, group 12. following methods: I 13. In § 180.482, the table in paragraph I 21. In § 180.532, paragraph (b) is • Federal eRulemaking Portal: Go to (b) is revised to read as follows: removed and reserved as follows: http://www.regulations.gov. Follow the
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online instructions for submitting inconsistencies regarding the use of Guard requirements in 46 CFR 160.055 shall comments. personal floatation devices in also be within ready access. This section • Web site: Go to http://dms.dot.gov. conjunction with effective fall shall not apply to bridge workers using Follow the instructions for submitting prevention measures. FRA believes that personal fall arrest systems or safety nets that comply with this subpart. comments on the DOT electronic docket the identification of inconsistent safety (b) Life vests or buoyant work vests shall site. requirements and the noncontroversial not be required when bridge workers are • Fax: 1–202–493–2251. nature of the amendments necessary to conducting inspections that involve climbing • Mail: Docket Management Facility, make the requirements consistent justify structures above or below the bridge deck. U.S. Department of Transportation, 400 the issuance of an interim final rule. The present regulation also provides Seventh Street, SW., Nassif Building, FRA will consider, however, any for circumstances in which bridge Room PL–401, Washington, DC 20590– comments received during the post- workers are not required to use personal 001. publication comment period before it • fall arrest systems or safety nets while Hand Delivery: Room PL–401 on issues a final rule in this proceeding. working at heights over land because the plaza level of the Nassif Building, Background the risk of falling is minimized by 400 Seventh Street, SW., Washington, components of the bridge or by suitable On June 24, 1992, FRA issued DC, between 9 a.m. and 5 p.m., Monday work procedures. In particular, section Railroad Workplace Safety Regulations through Friday, except Federal 214.103, ‘‘Fall protection, generally’’ in 49 CFR part 214. 57 FR 28127. Holidays. states: Instructions: All submissions must Subsequent amendments to that include the agency name and docket regulation have added subpart C, (a) Except as provided in paragraphs (b) number or Regulatory Identification Roadway Worker Protection, and through (d) of this section, when bridge subpart D, On-Track Roadway workers work twelve feet or more above the Number (RIN) for this rulemaking. Note ground or water surface, they shall be that all comments received will be Maintenance Machines and Hi-Rail provided and shall use a personal fall arrest posted without change to http:// Vehicles. 61 FR 65959 (December 16, system or safety net system. All fall dms.dot.gov, including any personal 1996), 68 FR 44388 (July 28, 2003). protection systems required by this section information provided. Please see the Additional amendments have provided shall conform to the standards set forth in Privacy Act heading under Regulatory technical corrections and changes to § 214.105 of this subpart. Impact, below. improve the effectiveness of the (b)(1) This section shall not apply if the Docket: For access to the docket to regulation. installation of the fall arrest system poses a read background documents or FRA has since received a request from greater risk than the work to be performed. In any action brought by FRA to enforce the comments received, go to http:// the Norfolk Southern Railway Company (NS) to permit NS employees who are fall protection requirements, the railroad or dms.dot.gov at any time or to Room PL– railroad contractor shall have the burden of 401 on the plaza level of the Nassif working on a bridge deck over water to proving that the installation of such device Building, 400 Seventh Street, SW., work without a life vest or buoyant poses greater exposure to risk than Washington, DC, between 9 a.m. and 5 work vest under circumstances in which performance of the work itself. p.m., Monday through Friday, except falls are effectively prevented. NS refers (2) This section shall not apply to bridge Federal holidays. to factual situations under the present workers engaged in inspection of railroad bridges conducted in full compliance with FOR FURTHER INFORMATION CONTACT: regulation, where a bridge worker who is located 12 feet or more over the the following conditions: Gordon A. Davids, Bridge Engineer, (i) The railroad or railroad contractor has Office of Safety, FRA, 1120 Vermont ground is prevented from falling by hand rails, walkways, or acceptable a written program in place that requires Avenue, NW., Washington, DC 20590 training in, adherence to, and use of safe (telephone: 202–493–6320); or Anna work procedures and is therefore not procedures associated with climbing Nassif, Trial Attorney, Office of Chief required to use a personal fall arrest techniques and procedures to be used; Counsel, FRA, 1120 Vermont Avenue, system. However, if the same (ii) The bridge worker to whom this NW., Washington, DC 20590 (telephone: circumstances prevail on a bridge over exception applies has been trained and 202–493–6166). water, the bridge worker is required to qualified according to that program to wear a life vest or buoyant work vest perform bridge inspections, has been SUPPLEMENTARY INFORMATION: even though the bridge worker over previously and voluntarily designated to Public Participation water may have the same safety hand perform inspections under the provision of rails, walkways, or acceptable work that program, and has accepted the The Administrative Procedure Act (5 designation; procedures in place as the bridge worker U.S.C. 551–559) permits an agency to (iii) The bridge worker to whom this has over dry land. FRA has considered dispense with notice of rulemaking exception applies is familiar with the this request, and has found that the when it is otherwise not required by appropriate climbing techniques associated situation addressed by NS is not limited statute and the agency ‘‘for good cause with all bridge structures the bridge worker to one railroad. FRA therefore considers is responsible for inspecting; finds that notice and public procedure it advisable to provide an industry-wide (iv) The bridge worker to whom this thereon are impracticable, unnecessary, resolution by issuing a technical exception applies is engaged solely in or contrary to the public interest.’’ 5 amendment to the regulation. moving on or about the bridge or observing, U.S.C. 553(b)(B). FRA finds that notice The present regulation, in section measuring and recording the dimensions and and public participation are, in this 214.107, ‘‘Working over or adjacent to condition of the bridge and its components; and case, unnecessary and contrary to the water’’ states, in part: public interest for the reasons set forth (v) The bridge worker to whom this section below. (a) Bridge workers working over or applies is provided all equipment necessary These amendments do not expand the adjacent to water with a depth of four feet or to meet the needs of safety, including any more, or where the danger of drowning specialized alternative systems required. scope of the rule, nor do they impose exists, shall be provided and shall use life (c) This section shall not apply where additional burdens on those covered by vests or buoyant work vests in compliance bridge workers are working on a railroad the rule. Moreover, FRA finds that any with U.S. Coast Guard requirements in 46 bridge equipped with walkways and railings further delay in issuance of this rule CFR 160.047, 160.052, and 160.053. Life of sufficient height, width, and strength to could perpetuate confusion or preservers in compliance with U.S. Coast prevent a fall, so long as bridge workers do
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not work beyond the railings, over the side Section-by-Section Analysis Paperwork Reduction Act of the bridge, on ladders or other elevation devices, or where gaps or holes exist through Section 214.107 Working Over or There are no paperwork requirements which a body could fall. Where used in place Adjacent to Water associated with this amendment of the final rule. of fall protection as provided for in § 214.105, This section sets forth standards for this paragraph (c) is satisfied by: bridge workers working over or adjacent Environmental Impact (1) Walkways and railings meeting to water. Paragraph (a) requires that standards set forth in the American Railway FRA has evaluated this amendment in Engineering Association’s Manual for bridge workers must wear life vests or accordance with its procedures for Railway Engineering; and buoyant work vests in compliance with ensuring full consideration of the (2) Roadways attached to railroad bridges, various Coast Guard requirements, environmental impact of FRA actions, provided that bridge workers on the roadway when working over water, except where as required by the National deck work or move at a distance six feet or bridge workers are working with fall Environmental Policy Act (42 U.S.C. more from the edge of the roadway deck, or arrests systems or in compliance with 4321 et seq.), other environmental from an opening through which a person the provisions of § 214.103(b)(2), (c) or statutes, Executive Orders, and DOT could fall. (d). These provisions establish Order 5610.1c. The amendment meets (d) This section shall not apply where exceptions to the general requirement bridge workers are performing repairs or the criteria establishing this as a non- for protection against drowning. The major action for environmental inspections of a minor nature that are exceptions include situations where completed by working exclusively between purposes. there is little or no risk of falling, since the outside rails, including but not limited to, Federalism Implications routine welding, spiking, anchoring, spot bridge workers are working on bridges surfacing, and joint bolt replacement. with walkways and railings, or, when This amendment will not have a on bridges with roadways, are working substantial effect on the states, on the The exceptions to the requirement for more than six feet from the edge of a relationship between the national a personal fall arrest system or safety net roadway deck or any opening through government and the states, or on the are found in paragraphs (b) through (d) which they could fall. distribution of power and of § 214.103. Sub-paragraph (b)(2), and Regulatory Impact responsibilities among the various paragraphs (c) and (d), address alternate levels of government. Thus, in means of fall protection. In strict Privacy Act accordance with Executive Order 13132, application of the regulation, these Anyone is able to search the preparation of a Federalism Assessment exceptions may be used in appropriate electronic form of all comments is not warranted. circumstances by bridge workers received into any of FRA’s dockets by working at heights over dry land, but do Compliance With the Unfunded the name of the individual submitting Mandates Reform Act of 1995 not relieve bridge workers from the the comment (or signing the comment, requirement to use life vests or buoyant if submitted on behalf of an association, Pursuant to the Unfunded Mandates work vests when over water, even business, labor union, etc.). You may Reform Act of 1995 (Pub. L. 104–4) each though the risk of a fall to the water is review DOT’s complete Privacy Act Federal agency ‘‘shall, unless otherwise minimized. Statement in the Federal Register prohibited by law, assess the effects of This inconsistency was not intended. published on April 11, 2000 (volume 65, Federal Regulatory actions on State, FRA is therefore issuing this technical number 70; pages 19477–78), or you local, and tribal governments, and the private sector (other than to the extent amendment to resolve the may visit http://dms.dot.gov. that such regulations incorporate inconsistency. This amendment will Executive Order 12866 and DOT requirements specifically set forth in permit the exceptions in § 214.103 Regulatory Policies and Procedures law).’’ Sec. 201. Section 202 of the Act which presently only apply to the use further requires that ‘‘before of personal fall arrest systems and safety This amendment clarifying the final promulgating any general notice of nets over dry land to also apply to the rule has been evaluated in accordance proposed rulemaking that is likely to use of life vests or buoyant work vests with existing policies and procedures result in promulgation of any rule that while working over water. Including and is not considered significant under includes any Federal mandate that may § 214.103(b)(2) and its related sub- Executive Order 12866 or under DOT result in the expenditure by State, local, paragraphs concerning bridge inspectors policies and procedures. The minor and tribal governments, in the aggregate, among the exceptions in § 214.107(a) technical changes made in this or by the private sector, of $120,700,000 makes § 214.107(b) redundant. It is amendment will not increase the costs or more in any 1 year, and before therefore being deleted. or alter the benefits associated with this regulation to any measurable degree. promulgating any final rule for which a This amendment will have the effect, general notice of proposed rulemaking Regulatory Flexibility Act in a common example, of permitting a was published, the agency shall prepare railroad track inspector, when on a The Regulatory Flexibility Act of 1980 a written statement * * * ‘‘detailing the bridge that is over water and equipped (5 U.S.C. 601 et seq.) requires a review effect on State, local and tribal with effective handrails and walkways, of rules to assess their impact on small governments and the private sector. The to replace a joint bolt without having to entities. This amendment to the final rule issued today does not include any wear a life vest or buoyant work vest, rule clarifies existing requirements. The mandates which will result in the without the need to have a life preserver changes will have no new direct or expenditure, in the aggregate, of within ready access, and without the indirect economic impact on small units $120,700,000 or more in any one year, need for ring buoys and a boat or skiff of government, businesses, or other and thus preparation of a statement is in the water. The amendment should organizations. Therefore, it is certified not required. also have the beneficial effect of that this rule will not have a significant encouraging bridge owners to install economic impact on a substantial List of Subjects in 49 CFR Part 214 effective fall prevention components on number of small entities under the Bridges, Fall arrest equipment, low bridges over water in order to provisions of the Regulatory Flexibility Incorporation by reference, improve labor efficiency. Act. Occupational safety and health,
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Personal protective equipment, Railroad DEPARTMENT OF COMMERCE harvesting of fish from the U.S./Canada employees, Railroad safety. Management Area, including trip limits National Oceanic and Atmospheric for GB yellowtail flounder harvested The Interim Final Rule Administration from that area. On October 1, 2004 (69 FR 59815), I In consideration of the foregoing, FRA 50 CFR Part 648 upon determination by the Regional amends part 214 of chapter II, subtitle B Administrator that 85 percent of the GB of title 49, Code of Federal Regulations, [Docket No. 040112010–4114–02; I.D. 020705A] yellowtail flounder TAC had been as follows: harvested, NMFS closed the Eastern PART 214—[AMENDED] Magnuson-Stevens Fishery U.S./Canada Area to all NE multispecies Conservation and Management Act DAS vessels and prohibited all NE I 1. The authority for part 214 is revised Provisions; Fisheries of the multispecies vessels from harvesting, to read as follows: Northeastern United States; Northeast possessing, or landing GB yellowtail (NE) Multispecies Fishery; Reduction flounder from the U.S./Canada Authority: 49 U.S.C. 20103, 20107, 21301, Management Area, because of concerns 21304; 28 U.S.C. 2461, note; and 49 CFR of the Yellowtail Flounder Trip Limit for 1.49. the U.S./Canada Management Area that the yellowtail flounder TAC would be fully harvested or overharvested I 2. Section 214.107 is revised to read as AGENCY: National Marine Fisheries prior to the end of the fishing year. Full follows: Service (NMFS), National Oceanic and harvest of the TAC was anticipated due Atmospheric Administration (NOAA), to the amount of yellowtail flounder § 214.107 Working over or adjacent to Commerce. harvested by vessels targeting yellowtail water. ACTION: Reduction of the Yellowtail flounder in the U.S./Canada (a) Bridge workers working over or Flounder Trip Limit for the U.S./Canada Management Area, and because of adjacent to water with a depth of four Management Area. concerns regarding anticipated feet or more, or where the danger of yellowtail flounder bycatch by vessels drowning exists, shall be provided and SUMMARY: NMFS announces that the targeting groundfish other than shall use life vests or buoyant work Administrator, Northeast Region, NMFS yellowtail flounder within the U.S./ vests in compliance with U.S. Coast (Regional Administrator), has projected Canada Management Area. Additional Guard requirements in 46 CFR 160.047, that the total allowable catch (TAC) for concern was raised by the potential 160.052, and 160.053. Life preservers in Georges Bank (GB) yellowtail flounder impact that may be caused by scallop compliance with U.S. Coast Guard allocated for harvest from the U.S./ vessels fishing in Closed Area II under requirements in 46 CFR 160.055 shall Canada Management Area will be fully the Sea Scallop Access Program also be within ready access. This section harvested prior to the end of the fishing implemented under Frameworks 16/39 shall not apply to bridge workers using year if the rate of GB yellowtail flounder to the Atlantic Sea Scallop/NE personal fall arrest systems or safety harvest remains at the current level. The Multispecies FMPs. Because of these nets that comply with this subpart or to Regional Administrator, therefore, is potential sources of yellowtail flounder bridge workers who are working under reducing the GB yellowtail flounder trip harvest, this action was necessary to the provisions of § 214.103(b)(2), (c) or limit from 15,000 lb (6,408 kg) per trip ensure that the GB yellowtail flounder (d) of this subpart. to 5,000 lb (2,268 kg) per trip for NE TAC would not be exceeded during the multispecies days-at-sea (DAS) vessels 2004 fishing year. (b) Prior to each use, all flotation fishing in the U.S./Canada Management On January 14, 2005 (70 FR 2820, devices shall be inspected for defects Area, effective February 9, 2005. January 18, 2005), under the authority of that reduce their strength or buoyancy DATES: Effective 0001 hrs local time, § 648.85(a)(3)(iv)(D), NMFS re-opened by designated individuals trained by the the Eastern U.S./Canada Area; removed railroad or railroad contractor. Defective February 9, 2005, through April 30, 2005. the prohibition on the harvest, units shall not be used. possession, and landing of GB (c) Where life vests are required by FOR FURTHER INFORMATION CONTACT: yellowtail flounder by all NE paragraph (a) of this section, ring buoys Karen Tasker, (978) 281–9273, fax (978) multispecies vessels within the entire with at least 90 feet of line shall be 281–9135. U.S./Canada Management Area; and provided and readily available for SUPPLEMENTARY INFORMATION: established a trip limit of 15,000 lb emergency rescue operations. Distance Regulations governing the yellowtail (6,804 kg) for GB yellowtail flounder for between ring buoys shall not exceed 200 flounder trip limit within the U.S./ vessels fishing in the U.S./Canada feet. Canada Management Area are found at Management Area. In addition, the daily (d) Where life vests are required, at 50 CFR 648.85(a)(3)(iv)(C). The poundage limit for yellowtail flounder least one lifesaving skiff, inflatable boat, regulations authorize vessels issued a and cod were removed to allow vessels or equivalent device shall be valid limited access NE multispecies additional flexibility, should they need immediately available. If it is permit and fishing under a NE to end a trip prematurely due to an determined by a competent person that multispecies DAS to fish in the U.S./ unexpected event; i.e., vessels would environmental conditions, including Canada Management Area under have the ability to retain their entire weather, water speed, and terrain, merit specific conditions. The TAC allocation catch onboard when entering port and additional protection, the skiff or boat for GB yellowtail flounder for the 2004 on their subsequent trip. This action shall be manned. fishing year was specified at 6,000 mt in was taken in response to data indicating the final rule implementing Amendment that the amount of GB yellowtail Issued in Washington, DC, on February 2, 13 to the NE Multispecies Fishery flounder harvested under the Sea 2005. Management Plan (FMP) (April 27, Scallop Access Program and the amount Robert D. Jamison, 2004, 69 FR 22906). Section of GB yellowtail flounder bycatch Acting Federal Railroad Administrator. 648.85(a)(3)(iv)(D) authorizes the caught by vessels targeting groundfish [FR Doc. 05–2560 Filed 2–9–05; 8:45 am] Regional Administrator to modify other than yellowtail flounder within BILLING CODE 4910–06–P certain conditions regarding the the U.S./Canada Management Area
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would likely not result in the Canada Area before the full harvest of comments on a proposed rule could overharvest of the TAC. the GB haddock and GB cod TACs in necessitate that NMFS close the Eastern Vessel Monitoring System (VMS) place for this area, in order to ensure U.S./Canada Area before the fishing reports and other information collected that the yellowtail flounder TAC is not industry achieves the available TACs of since the re-opening of the U.S./Canada exceeded. GB cod and GB haddock for the area, Yellowtail flounder landings will be Management Area indicate that many and before a final rule to lower the trip closely monitored through VMS and more vessels than initially anticipated limit could be implemented. Such a other available information and, if 100 are directly targeting GB yellowtail delay, therefore, would create an percent of the TAC allocation for GB unnecessary burden on the fishing flounder in the U.S./Canada yellowtail flounder is projected to be Management Area, and are thereby industry. Based on this possibility, harvested, the Eastern U.S./Canada Area under 5 U.S.C. 553(b)(3), proposed harvesting more yellowtail flounder will be closed to NE multispecies DAS than NMFS initially anticipated they rulemaking is waived because it would vessels and the harvesting, possession, be impracticable and contrary to the would. Based on this information, and and landing of yellowtail flounder by the rate at which GB yellowtail flounder public interest. Furthermore, for the NE multispecies vessels in the U.S./ same reason, there is good cause under is being harvested, NMFS is reducing Canada Management Area would be 5 U.S.C 553(d)(3) to waive the 30–day the trip limit for GB yellowtail flounder prohibited, in accordance with the delayed effectiveness period for this to 5,000 lb (2268 kg) per trip, effective regulations § 648.85(a)(3)(iv)(C)(3). action. February 9, 2005, for NE multispecies DAS vessels fishing in the U.S./Canada Classification This action is required by 50 CFR part Management Area. By reducing the trip This action reduces the trip limit for 648 and is exempt from review under limits for GB yellowtail flounder at this GB yellowtail flounder in the U.S./ Executive Order 12866. time, the fishing industry is more likely Canada Management Area in order to Authority: 16 U.S.C. 1801 et seq. to achieve the full harvest of the GB allow vessels to fully harvest the GB cod Dated: February 7, 2005. yellowtail flounder TAC and other and GB haddock TACs while ensuring TACs for this region without a that overharvesting of GB yellowtail Alan D. Risenhoover, substantial risk of overharvesting the flounder does not occur. To allow the Acting Director, Office of Sustainable resource. To allow the fishery to higher trip limit for GB yellowtail Fisheries, National Marine Fisheries Service. continue at its current trip limit could flounder to continue during the period [FR Doc. 05–2625 Filed 2–7–05; 2:22 pm] necessitate closure of the Eastern U.S./ necessary to publish and receive BILLING CODE 3510–22–S
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Proposed Rules Federal Register Vol. 70, No. 27
Thursday, February 10, 2005
This section of the FEDERAL REGISTER result in the separation of the engine amend the proposed AD in light of those contains notices to the public of the proposed from the airplane. comments. issuance of rules and regulations. The DATES: We must receive comments on We will post all comments we purpose of these notices is to give interested receive, without change, to http:// persons an opportunity to participate in the this proposed AD by March 28, 2005. ADDRESSES: Use one of the following dms.dot.gov, including any personal rule making prior to the adoption of the final information you provide. We will also rules. addresses to submit comments on this proposed AD. post a report summarizing each • DOT Docket Web site: Go to substantive verbal contact with FAA DEPARTMENT OF TRANSPORTATION http://dms.dot.gov and follow the personnel concerning this proposed AD. instructions for sending your comments Using the search function of that Web Federal Aviation Administration electronically. site, anyone can find and read the • Government-wide rulemaking Web comments in any of our dockets, 14 CFR Part 39 site: Go to http://www.regulations.gov including the name of the individual and follow the instructions for sending who sent the comment (or signed the [Docket No. FAA–2005–20325; Directorate your comments electronically. comment on behalf of an association, Identifier 2003–NM–129–AD] • Mail: Docket Management Facility, business, labor union, etc.). You can U.S. Department of Transportation, 400 review DOT’s complete Privacy Act RIN 2120–AA64 Seventh Street SW., Nassif Building, Statement in the Federal Register published on April 11, 2000 (65 FR Airworthiness Directives; Boeing room PL–401, Washington, DC 20590. • By fax: (202) 493–2251. 19477–78), or you can visit http:// Model 747–100, –100B, –100B SUD, • dms.dot.gov. –200B, –200C, –200F, and –300 Series Hand Delivery: room PL–401 on the Airplanes; and Model 747SP and plaza level of the Nassif Building, 400 Examining the Docket 747SR Series Airplanes; Equipped Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday You can examine the AD docket in With Pratt & Whitney Model JT9D–3, person at the Docket Management and –7 Series Engines through Friday, except Federal holidays. For service information identified in Facility office between 9 a.m. and 5 p.m., Monday through Friday, except AGENCY: Federal Aviation this proposed AD, contact Boeing Commercial Airplanes, PO Box 3707, Federal holidays. The Docket Administration (FAA), Department of Management Facility office (telephone Transportation (DOT). Seattle, Washington 98124–2207. You can examine the contents of this (800) 647–5227) is located on the plaza ACTION: Notice of proposed rulemaking level of the Nassif Building at the DOT (NPRM). AD docket on the Internet at http:// dms.dot.gov, or at the Docket street address stated in the ADDRESSES section. Comments will be available in SUMMARY: The FAA proposes to adopt a Management Facility, U.S. Department of Transportation, 400 Seventh Street the AD docket shortly after the DMS new airworthiness directive (AD) for receives them. certain Boeing transport category SW., room PL–401, on the plaza level of airplanes listed above. This proposed the Nassif Building, Washington, DC. Discussion AD would require repetitive inspections This docket number is FAA–2005– We have received several reports of for cracks of the upper surface of the aft 20325; the directorate identifier for this cracking in the aft lower spar web on lower spar web of the inboard and docket is 2003–NM–129–AD. Boeing Model 747–200B series airplanes outboard struts, as applicable; and FOR FURTHER INFORMATION CONTACT: equipped with Pratt & Whitney Model repetitive inspections for cracks of the Candice Gerretsen, Aerospace Engineer, JT9D–7 series engines. The cracking in upper surface of the intermediate web Airframe Branch, ANM–120S, FAA, the aft lower spar web is the result of bay of the aft lower spar. This proposed Seattle Aircraft Certification Office, fatigue and sonic induced vibration. We AD would also require repetitive 1601 Lind Avenue, SW., Renton, also received reports of missing or inspections and torque checks of the Washington 98055–4056; telephone fractured bolts common to the aft lower bolts common to the aft lower spar (425) 917–6428; fax (425) 917–6590. spar chord and the fitting of the rear chords and the fitting of the rear engine SUPPLEMENTARY INFORMATION: engine mount bulkhead on Model 747– mount bulkhead for missing, loose, or 100 series airplanes. The missing and fractured bolts, as applicable; and Comments Invited fractured bolts were found on strut No. corrective action, if necessary. This We invite you to submit any written 1, No. 3 and No. 4. The missing and proposed AD is prompted by reports of relevant data, views, or arguments fractured bolts are made of Maraging or cracking in the aft lower spar web and regarding this proposed AD. Send your H–11 steel and are subject to stress reports of missing and fractured bolts. comments to an address listed under corrosion cracking. These conditions, if We are proposing this AD to detect and ADDRESSES. Include ‘‘Docket No. FAA– not corrected, could result in the loss of correct cracking of the aft lower spar 2005–20325; Directorate Identifier the aft lower spar load path and reduced web, and to prevent missing, loose, or 2003–NM–129–AD’’ in the subject line structural capability of the pylon, which fractured bolts common to the aft lower of your comments. We specifically may result in the separation of the spar chords and the fitting of the rear invite comments on the overall engine from the airplane. engine mount bulkhead, which could regulatory, economic, environmental, The subject area on Model 747–100 result in the loss of the aft lower spar and energy aspects of the proposed AD. and –200B series airplanes equipped load path and reduced structural We will consider all comments with Pratt & Whitney Model JT9D–3 capability of the pylon, which may submitted by the closing date and may series engines is identical to that on the
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affected Model 747–100 and –200B corrective action. The related FAA’s Determination and Requirements series airplanes equipped with Pratt & investigative actions include high of the Proposed AD Whitney Model JT9D–7 series engines. frequency eddy current (HFEC) We have evaluated all pertinent Therefore, those Model 747–100 and inspections for cracks of the chord, web, information and identified an unsafe –200B series airplanes equipped with and fitting and detailed visual condition that is likely to exist or Pratt & Whitney Model JT9D–3 series inspections for corrosion of the hole in develop on other airplanes of this same engines are subject to the unsafe the fitting of the rear engine mount type design. Therefore, we are condition revealed on the affected bulkhead. The corrective action proposing this AD, which would require Model 747–100 and –200B series specifies contacting the manufacturer if the following actions: airplanes equipped with Pratt & any crack or corrosion is found. • Repetitive inspections for cracks of Whitney Model JT9D–7 series engines. the upper surface of the aft lower spar In addition, the subject area on Model 4. Part 4—Stiffener Addition (Optional) web on the inboard and outboard struts, 747–100B, –100B SUD, –200C, –200F, as applicable. and –300 series airplanes, and Model For certain airplanes, install stiffeners • Repetitive inspections for cracks of 747SP and 747SR series airplanes, for inboard and outboard struts as the upper surface of the intermediate equipped with Pratt & Whitney Model applicable, do related investigative web bay of the aft lower spar, as JT9D–3 and –7 series engines, is actions, and do repairs if necessary. The applicable. identical to that on the affected Model related investigative actions include • Repetitive inspections and torque 747–100 and –200B series airplanes HFEC inspections for cracks of the hole checks of the bolts common to the aft equipped with Pratt & Whitney Model and around the aft fasteners of the lower spar chords and the fitting of the JT9D–3 and –7 series engines. fitting of the rear engine mount rear engine mount bulkhead for missing, Therefore, those Model 747–100B, bulkhead. ‘‘Part 4—Stiffener Addition’’ loose, or fractured bolts, as applicable. –100B SUD, –200C, –200F, and –300 procedures will either extend the • Corrective action, if necessary. series airplanes; and Model 747SP and repetitive inspection interval or end the The proposed AD would require you 747SR series airplanes equipped with repetitive inspections of ‘‘Part 1—Web to use the service information described Pratt & Whitney Model JT9D–3 and –7 Inspection.’’ previously to do these actions, except as series engines are subject to the unsafe discussed under ‘‘Differences Between condition revealed on the affected 5. Part 5—Intermediate Stiffener the Proposed AD and the Service Model 747–100 and –200B series Addition (Optional) Bulletins.’’ airplanes equipped with Pratt & For certain airplanes, installing Differences Between the Proposed AD Whitney Model JT9D–3 and –7 series and the Service Bulletins engines. stiffeners for inboard and outboard struts will end the repetitive inspections The following differences between the Relevant Service Information of ‘‘Part 2—Intermediate Web Bay proposed AD and the service bulletins We have reviewed Boeing Alert Inspection.’’ Boeing Alert Service have been coordinated with the Service Bulletin 747–54A2212, dated Bulletin 747–54A2212 refers to Boeing manufacturer: May 1, 2003, which describes the Service Bulletins 747–71–2188 and 1. Operators should note that following procedures: 747–54–2115, as additional sources of although Boeing Alert Service Bulletin service information for accomplishment 747–54A2212, dated May 1, 2003, 1. Part 1—Web Inspection specifies that operators may contact the of the installation. For certain airplanes, do initial and manufacturer for additional instructions repetitive detailed visual inspections of 6. Part 6—Maraging or H–11 Steel Bolt for certain repairs, this proposed AD the upper surface of the aft lower spar Replacement would require operators to repair web on the inboard struts, and outboard according to a method approved by the struts as applicable, for cracks. Do For certain airplanes, replace all FAA, or according to data meeting the repairs, if necessary, and/or do ‘‘Part 4— Maraging or H–11 steel bolts with new certification basis of the airplane Stiffener Addition.’’ inconel bolts; do related investigative approved by an Authorized actions (includes HFEC inspections for Representative for the Boeing Delegation 2. Part 2—Intermediate Web Bay cracks of the chord and web, the chord Option Authorization Organization who Inspection and the fitting of the rear engine mount has been authorized by the FAA to make For certain airplanes, do initial and bulkhead fitting and the pylon skin; and those findings. repetitive detailed visual inspections of detailed visual inspections for corrosion 2. Operators should also note that the upper surface of the intermediate of the pylon skin and the hole of the where Boeing Alert Service Bulletin web bay of the aft lower spar for cracks, fitting of the rear engine mount 747–54A2212, dated May 1, 2003, do repairs if necessary, and/or do ‘‘Part bulkhead); and do corrective action references ‘‘service bulletin 747–71– 5—Intermediate Stiffener Addition.’’ (includes contacting the manufacturer if 2188 Revision 1 or later releases,’’ this any crack, corrosion, or damage is found proposed AD would require that 3. Part 3—Maraging or H–11 Steel Bolt operators refer to Boeing Service Inspection which cannot be removed within the oversize limit). Replacement of all bolts Bulletin 747–71–2188, Revision 1, dated For certain airplanes, do initial and with new inconel bolts in accordance January 17, 1986; or Revision 2, dated repetitive detailed visual inspections with ‘‘Part 6—Maraging or H–11 Steel September 24, 1988. When referencing a and torque checks of the bolts common specific service bulletin in an AD, using Bolt Replacement’’ ends the repetitive to the aft lower spar chords and the the phrase, ‘‘or later FAA-approved inspections of ‘‘Part 3—Maraging or H– fitting of the rear engine mount revisions,’’ violates Office of the Federal 11 Steel Bolt Inspection.’’ bulkhead for missing, loose, or fractured Register regulations for approving bolts; and replace bolt with new bolt if We have determined that materials that are incorporated by necessary. Replacing the bolt in accomplishing the actions specified in reference. accordance with ‘‘Part 3’’ includes the service information will adequately 3. Operators should also note, that related investigative actions and address the unsafe condition. where the referenced Boeing Service
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Bulletins 747–71–2188, Revision 1, approved by an Authorized included the definition for a detailed dated January 17, 1986, and Revision 2, Representative for the Boeing Delegation inspection in a note in the proposed AD. dated September 24, 1988; and Boeing Option Authorization Organization who Service Bulletins 747–54–2115, dated has been authorized by the FAA to make Costs of Compliance February 14, 1986, and Revision 1, those findings. There are about 244 airplanes of the dated May 12, 1988; specify to repair Clarification of Inspection Terminology affected design in the worldwide fleet. according to an operators equivalent This proposed AD would affect about 82 procedure, this proposed AD would In this proposed AD, the ‘‘detailed airplanes of U.S. registry. The following require operators to repair according to visual inspection’’ specified in Boeing table provides the estimated costs for a method approved by the FAA, or Alert Service Bulletin 747–54A2212, according to data meeting the dated May 1, 2003, is referred to as a U.S. operators to comply with this certification basis of the airplane ‘‘detailed inspection.’’ We have proposed AD.
ESTIMATED COSTS
Cost per air- Applicable airplanes identified in Boeing alert Action Work hours Average labor plane, per in- service bulletin 747–54A2212 as— rate per hour spection cycle
Groups 1–6 ...... Web Inspection ...... 8 $65 $520 Groups 7–8 ...... Web Inspection ...... 4 65 260 Groups 1–5 ...... Web Bay Inspection ...... 4 65 260 Groups 1–6 ...... Bolt Inspection ...... 4 65 260
Authority for This Rulemaking 3. Will not have a significant 747SP and 747SR series airplanes; economic impact, positive or negative, certificated in any category; equipped with The FAA’s authority to issue rules on a substantial number of small entities Pratt & Whitney Model JT9D–3 and –7 series regarding aviation safety is found in engines; as identified in Boeing Alert Service under the criteria of the Regulatory Bulletin 747–54A2212, dated May 1, 2003. Title 49 of the United States Code. Flexibility Act. Subtitle I, Section 106 describes the We prepared a regulatory evaluation Unsafe Condition authority of the FAA Administrator. of the estimated costs to comply with (d) This AD was prompted by reports of Subtitle VII, Aviation Programs, this proposed AD. See the ADDRESSES cracking in the aft lower spar web and describes in more detail the scope of the section for a location to examine the reports of missing and fractured bolts. We are agency’s authority. regulatory evaluation. issuing this AD to detect and correct cracking This rulemaking is promulgated of the aft lower spar web and to prevent under the authority described in List of Subjects in 14 CFR Part 39 missing, loose, or fractured bolts common to the aft lower spar chords and the fitting of Subtitle VII, Part A, Subpart III, Section Air transportation, Aircraft, Aviation the rear engine mount bulkhead, which could 44701, ‘‘General requirements.’’ Under safety, Safety. result in the loss of the aft lower spar load that section, Congress charges the FAA The Proposed Amendment path and reduced structural capability of the with promoting safe flight of civil pylon, which may result in the separation of aircraft in air commerce by prescribing Accordingly, under the authority the engine from the airplane. delegated to me by the Administrator, regulations for practices, methods, and Compliance procedures the Administrator finds the FAA proposes to amend 14 CFR part necessary for safety in air commerce. 39 as follows: (e) You are responsible for having the actions required by this AD performed within This regulation is within the scope of PART 39—AIRWORTHINESS the compliance times specified, unless the that authority because it addresses an DIRECTIVES actions have already been done. unsafe condition that is likely to exist or Service Bulletin Reference develop on products identified in this 1. The authority citation for part 39 proposed AD. continues to read as follows: (f) The term ‘‘service bulletin,’’ as used in this AD, means Boeing Alert Service Bulletin Regulatory Findings Authority: 49 U.S.C. 106(g), 40113, 44701. 747–54A2212, dated May 1, 2003. We have determined that this § 39.13 [Amended] Part 1—Web Inspections proposed AD would not have federalism 2. The FAA amends § 39.13 by adding (g) At the applicable times specified in implications under Executive Order the following new airworthiness paragraph (g)(1), (g)(2), or (g)(3) of Table 1 of 13132. This proposed AD would not directive (AD): this AD, do initial and repetitive detailed have a substantial direct effect on the inspections for cracks of the upper surface of Boeing: Docket No. FAA–2005–20325; the aft lower spar web of the inboard and States, on the relationship between the Directorate Identifier 2003–NM–129–AD. national Government and the States, or outboard struts, as applicable; and before Comments Due Date further flight, do any applicable repair; by on the distribution of power and doing all the actions specified in ‘‘Part 1— (a) The Federal Aviation Administration responsibilities among the various Web Inspection’’ of the Work Instructions of levels of government. (FAA) must receive comments on this AD action by March 28, 2005. the service bulletin. For certain airplanes, the For the reasons discussed above, I repetitive inspections may be deferred or certify that the proposed regulation: Affected ADs ended provided that the optional stiffener (b) None. addition specified in paragraph (k) of this AD 1. Is not a ‘‘significant regulatory is done. action’’ under Executive Order 12866; Applicability Note 1: For the purposes of this AD, a 2. Is not a ‘‘significant rule’’ under the (c) This AD applies to Boeing Model 747– detailed inspection is ‘‘An intensive DOT Regulatory Policies and Procedures 100, –100B, –100B SUD, –200B, –200C, examination of a specific item, installation, (44 FR 11034, February 26, 1979); and –200F, and –300 series airplanes, and Model or assembly to detect damage, failure, or
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irregularity. Available lighting is normally Inspection aids such as mirrors, magnifying cleaning and elaborate procedures may be supplemented with a direct source of good lenses, etc. may be necessary. Surface required.’’ lighting at an intensity deemed appropriate.
TABLE 1.—COMPLIANCE TIMES FOR WEB INSPECTION
For Airplanes Identified in the Service Bulletin As— Initial Compliance Time Is— Repetitive Interval Is—
(1) Group 1 airplanes on which the modification specified in Boeing Within 12 months after the effec- At intervals not to exceed 2,400 Service Bulletin 747–54–2028, dated August 1, 1972, has been tive date of this AD. flight cycles. done; and Group 2 airplanes. (2) Group 1 airplanes on which the modification specified in Boeing Within 6 months after the effective At intervals not to exceed 350 Service Bulletin 747–54–2028, dated August 1, 1972, has not been date of this AD. flight cycles. done; and Group 7 airplanes. (3) Group 3, 4, 5, 6, and 8 airplanes ...... Within 12 months after the effec- At intervals not to exceed 1,200 tive date of this AD. flight cycles.
Part 2—Intermediate Web Bay Inspection inspections for cracks of the upper surface of Inspection’’ of the Work Instructions of the (h) At the applicable times specified in the intermediate web bay of the aft lower service bulletin. The repetitive inspections spar; and before further flight do any may be ended provided that the optional paragraph (h)(1) or (h)(2) of Table 2 of this applicable repair; by doing all the actions intermediate stiffener addition specified in AD, do initial and repetitive detailed specified in ‘‘Part 2—Intermediate Web Bay paragraph (l) of this AD is done.
TABLE 2.—COMPLIANCE TIMES FOR INTERMEDIATE WEB BAY INSPECTIONS
For Airplanes Identified in the Service Bulletin As— Initial Compliance Time Is— Repetitive Interval Is—
(1) Group 1 through 4 airplanes on which the modification specified in Within 6 months after the effective At intervals not to exceed 350 Boeing Service Bulletin 747–71–2188, dated March 14, 1983, has date of this AD. flight cycles. been done and on which the additional work specified in Boeing Service Bulletin AD 747–71–2188, Revision 1, dated January 17, 1986; or Revision 2, dated September 24, 1988; has not been done. (2) Group 5 airplanes on which the modification specified in Boeing Within 6 months after the effective At intervals not to exceed 350 Service Bulletin 747–54–2115, dated February 14, 1986; or Revi- date of this AD. flight cycles. sion 1, dated May 12, 1988; has not been done.
Part 3—Maraging or H–11 Steel Bolt (2) If two or more missing or fractured bolts specified in ‘‘Part 5—Intermediate Stiffener Inspection are found in any one bay, before further Addition’’ of the Work Instructions of the (i) For Group 1 through 6 airplanes flight, do the replacement specified in service bulletin before further flight after identified in the service bulletin: Within 12 paragraph (n) of this AD. accomplishing the actions specified in paragraph (h) of this AD, except as provided months after the effective date of this AD, do Part 4—Optional Stiffener Addition a detailed inspection and torque check of the by paragraph (m) of this AD, ends the (k) Except as provided by paragraph (o) of repetitive inspections required by paragraph bolts common to the aft lower spar chords this AD, accomplishing the optional stiffener (h) of this AD. and the fitting of the rear engine mount addition for the inboard and outboard struts, (m) Where the service bulletin specifies to bulkhead for missing, loose, or fractured doing the related investigation actions, and install stiffeners as shown in ‘‘service bolts, and do any applicable replacement doing any applicable repair, by doing all the bulletin 747–71–2188 Revision 1 or later (including related investigative actions and actions specified in ‘‘Part 4—Stiffener releases (Group 1, 2,3, and 4 Airplanes) or corrective action), by doing all the actions Addition’’ of the Work Instructions of the 747–54–2115 Original Issue or Revision 1 specified in ‘‘Part 3 ‘‘Maraging or H–11 Steel service bulletin before further flight after (Group 5 Airplanes),’’ this AD requires that Bolt Inspection’’ of the Work Instructions of accomplishing the actions specified in those actions be done in accordance with the service bulletin, except as provided by paragraph (g) of this AD, defers or ends the Boeing Service Bulletin 747–71–2188, paragraph (o) of this AD. Do any applicable repetitive inspections required by paragraph Revision 1, dated January 17, 1986, or replacements (including related investigative (g) of this AD as follows: Revision 2, dated September 24, 1988; or actions and corrective action) before further (1) For airplanes listed in paragraph (g)(2) Boeing Service Bulletin 747–54–2115, dated flight, except as provided by paragraph (j) of of Table 1 of this AD, accomplishing the February 14, 1986, or Revision 1, dated May this AD. Repeat the actions thereafter at optional stiffener addition extends the 12, 1988; as applicable, except as provided intervals not to exceed 18 months. The repetitive inspections required by paragraph by paragraph (o) of this AD. inspections and torque checks specified in (g) of this AD to intervals not to exceed 2,400 Part 6—Maraging or H–11 Steel Bolt paragraph (i) of this AD may be ended flight cycles. Replacement provided that the replacement specified in (2) For airplanes listed in paragraph (g)(3) paragraph (n) of this AD is done. of Table 1 of this AD, accomplishing the (n) For Group 1 through 6 airplanes (j) If during any inspection required by optional stiffener addition ends the repetitive identified in the service bulletin: Except as paragraph (i) of this AD, one of the inspections required by paragraph (g) of this provided by paragraph (o) of this AD, conditions specified in paragraphs (j)(1) and AD. replacing all Maraging or H–11 steel bolts (j)(2) of this AD is found, do the applicable with new inconel bolts, doing the related actions specified in paragraphs (j)(1) and Part 5—Optional Intermediate Stiffener investigation actions, and doing any (j)(2) of this AD. Addition applicable corrective action, by doing all the (1) If a missing or fractured bolt is found (l) For airplanes identified in paragraphs actions specified in ‘‘Part 6—Maraging or H– on the inboard strut in any one bay, within (h)(1) and (h)(2) of Table 2 of this AD: 11 Steel Bolt Replacement’’ of the Work 36 months after replacing the bolt with a new Accomplishing the optional intermediate Instructions of the service bulletin ends the bolt, do the replacement specified in stiffener addition for the inboard and inspections and torque checks required by paragraph (n) of this AD. outboard struts, by doing all the actions paragraph (i) of this AD.
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Contact the FAA discovery of half-clamps that were post a report summarizing each (o) If during any action required by this AD incorrectly positioned. This condition, substantive verbal contact with FAA the service bulletin specifies to contact if not detected, could result in personnel concerning this proposed Boeing for additional instructions; or if interference of the two half-clamps with rulemaking. Using the search function Boeing Service Bulletin 747–71–2188, the drive shaft, which could result in of our docket Web site, you can find and Revision 1, dated January 17, 1986, or scoring on the drive shaft, failure of the read the comments to any of our Revision 2, dated September 24, 1988; or drive shaft, and subsequent loss of dockets, including the name of the Boeing Service Bulletin 747–54–2115, dated February 14, 1986, or Revision 1, dated May control of the helicopter. individual who sent or signed the 12, 1988, specifies to repair according to DATES: Comments must be received on comment. You may review the DOT’s operators equivalent procedures: Before or before April 11, 2005. complete Privacy Act Statement in the further flight, repair according to a method ADDRESSES: Use one of the following Federal Register published on April 11, approved by the Manager, Seattle Aircraft addresses to submit comments on this 2000 (65 FR 19477–78) or you may visit Certification Office (ACO), FAA; or according proposed AD: http://dms.dot.gov. to data meeting the certification basis of the • airplane approved by an Authorized DOT Docket Web site: Go to Examining the Docket Representative for the Boeing Delegation http://dms.dot.gov and follow the Option Authorization Organization who has instructions for sending your comments You may examine the docket that been authorized by the Manager, Seattle electronically; contains the proposed AD, any ACO, to make those findings. For a repair • Government-wide rulemaking Web comments, and other information in method to be approved, the approval must site: Go to http://www.regulations.gov person at the Docket Management specifically reference this AD. and follow the instructions for sending System (DMS) Docket Office between 9 Parts Installation your comments electronically; a.m. and 5 p.m., Monday through • Friday, except Federal holidays. The (p) As of the effective date of this AD, no Mail: Docket Management Facility; person may install a Maraging or H–11 steel U.S. Department of Transportation, 400 Docket Office (telephone 1–800–647– bolt in the locations specified in this AD, on Seventh Street, SW., Nassif Building, 5227) is located at the plaza level of the any airplane. Room PL–401, Washington, DC 20590; Department of Transportation NASSIF • Fax: 202–493–2251; or Building in Room PL–401 at 400 Alternative Methods of Compliance • Seventh Street, SW., Washington, DC. (AMOCs) Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, Comments will be available in the AD (q) The Manager, Seattle ACO, FAA, has docket shortly after the DMS receives the authority to approve AMOCs for this AD, 400 Seventh Street, SW., Washington, if requested in accordance with the DC, between 9 a.m. and 5 p.m., Monday them. procedures found in 14 CFR 39.19. through Friday, except Federal holidays. Discussion You may get the service information Issued in Renton, Washington, on January The Direction Generale De L’Aviation 26, 2005. identified in this proposed AD from American Eurocopter Corporation, 2701 Civile (DGAC), the airworthiness Ali Bahrami, Forum Drive, Grand Prairie, Texas authority for France, notified the FAA Manager, Transport Airplane Directorate, 75053–4005, telephone (972) 641–3460, that an unsafe condition may exist on Aircraft Certification Service. fax (972) 641–3527. Eurocopter Model EC120B helicopters. [FR Doc. 05–2575 Filed 2–9–05; 8:45 am] You may examine the comments to The DGAC advises of the discovery of BILLING CODE 4910–13–P this proposed AD in the AD docket on a case of incorrect drive shaft damper the Internet at http://dms.dot.gov. positioning, which led to interference of the two half-clamps with the drive shaft DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Eric Haight, Aviation Safety Engineer, FAA, tube and caused a score on the drive Federal Aviation Administration Rotorcraft Directorate, Regulations and shaft. Policy Group, Fort Worth, Texas 76193– Eurocopter has issued Alert Telex No. 14 CFR Part 39 0111, telephone (817) 222–5204, fax 65A004, Revision 1, dated January 27, (817) 222–5961. 2004, which specifies re-positioning of [Docket No. FAA–2005–20289; Directorate SUPPLEMENTARY INFORMATION: the drive shaft damper, if necessary. The Identifier 2003–SW–55–AD] DGAC classified this alert telex as RIN 2120–AA64 Comments Invited mandatory and issued AD No. UF– We invite you to submit any written 2003–465, dated December 22, 2003, Airworthiness Directives; Eurocopter data, views, or arguments regarding this and AD No. F–2003–465(A), dated France Model EC120 Helicopters proposed AD. Send your comments to January 21, 2004, to ensure the AGENCY: Federal Aviation the address listed under the caption continued airworthiness of these Administration, DOT. ADDRESSES. Include the docket number helicopters in France. ACTION: Notice of proposed rulemaking ‘‘FAA–2005–20289, Directorate This helicopter model is (NPRM). Identifier 2003–SW–55–AD’’ at the manufactured in France and is type beginning of your comments. We certificated for operation in the United SUMMARY: This document proposes specifically invite comments on the States under the provisions of 14 CFR adopting a new airworthiness directive overall regulatory, economic, 21.29 and the applicable bilateral (AD) for Eurocopter France (Eurocopter) environmental, and energy aspects of agreement. Pursuant to the applicable Model EC120 helicopters. This proposal the proposed AD. We will consider all bilateral agreement, the DGAC has kept would require inspecting the tail rotor comments received by the closing date us informed of the situation described drive shaft (drive shaft) damper half- and may amend the proposed AD in above. We have examined the findings clamps (half-clamps) to determine if light of those comments. of the DGAC, reviewed all available they are centered on the friction ring, We will post all comments we information, and determined that AD and if not correctly positioned, receive, without change, to http:// action is necessary for products of this centering the half-clamps on the friction dms.dot.gov, including any personal type design that are certificated for ring. This proposal is prompted by the information you provide. We will also operation in the United States.
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This previously described unsafe detail the scope of the Agency’s (b) To request a different method of condition is likely to exist or develop on authority. compliance or a different compliance time other helicopters of the same type We are issuing this rulemaking under for this AD, follow the procedures in 14 CFR the authority described in Subtitle VII, 39.19. Contact the Safety Management Group, design registered in the United States. Rotorcraft Directorate, FAA, for information Therefore, the proposed AD would Part A, Subpart III, Section 44701, about previously approved alternative require, for Eurocopter Model EC120B ‘‘General requirements.’’ Under that methods of compliance. helicopters, serial number 1362 and section, Congress charges the FAA with (c) Special flight permits will not be below, a one-time inspection of the half- promoting safe flight of civil aircraft in issued. clamps to determine if they are centered air commerce by prescribing regulations Note: The subject of this AD is addressed on the friction ring, and if they are not, for practices, methods, and procedures in Direction Generale De L’Aviation Civile centering the half-clamps on the friction the Administrator finds necessary for (France) AD No. UF–2003–465, dated ring. The actions would have to be safety in air commerce. This regulation December 22, 2003, and AD No. F–2003–465, accomplished within 50 hours time-in- is within the scope of that authority Revision A, dated January 21, 2004. service (TIS) for helicopters with 500 or because it addresses an unsafe condition that is likely to exist or develop on Issued in Fort Worth, Texas, on February more hours TIS; or no later than 550 1, 2005. hours TIS for helicopters with less than products identified in this rulemaking David A. Downey, 500 hours TIS, in accordance with the action. Manager, Rotorcraft Directorate, Aircraft alert telex described previously. List of Subjects in 14 CFR Part 39 We estimate that this proposed AD Certification Service. would affect 78 helicopters of U.S. Air transportation, Aircraft, Aviation [FR Doc. 05–2586 Filed 2–9–05; 8:45 am] registry. The one-time inspection would safety, Safety. BILLING CODE 4910–13–P take approximately 2 work hours to The Proposed Amendment accomplish, and the modification would DEPARTMENT OF TRANSPORTATION take 6 work hours, at an average labor Accordingly, pursuant to the authority delegated to me by the rate of $65 per work hour. Required Federal Aviation Administration modification parts would cost Administrator, the Federal Aviation Administration proposes to amend part approximately $180 per helicopter. 14 CFR Part 39 Based on these figures, we estimate the 39 of the Federal Aviation Regulations total cost impact of the proposed AD on (14 CFR part 39) as follows: [Docket No. FAA–2005–20291; Directorate Identifier 2004–SW–25–AD] U.S. operators would be $14,700, PART 39—AIRWORTHINESS assuming 8 helicopters would need DIRECTIVES RIN 2120–AA64 modification. 1. The authority citation for part 39 Airworthiness Directives; Agusta Regulatory Findings continues to read as follows: S.p.A. Model A119 Helicopters We have determined that this Authority: 49 U.S.C. 106(g), 40113, 44701. proposed AD would not have federalism AGENCY: Federal Aviation implications under Executive Order § 39.13 [Amended] Administration, DOT. 13132. Additionally, this proposed AD 2. Section 39.13 is amended by ACTION: Notice of proposed rulemaking would not have a substantial direct adding a new airworthiness directive to (NPRM). effect on the States, on the relationship read as follows: SUMMARY: This document proposes between the national Government and Eurocopter France: Docket No. FAA–2005– adopting a new airworthiness directive the States, or on the distribution of 20289; Directorate Identifier 2003–SW– (AD) for Agusta S.p.A. (Agusta) Model power and responsibilities among the 55–AD. A119 helicopters. This proposal would various levels of government. Applicability: Model EC120B helicopters, require visually inspecting each main For the reasons discussed above, I serial number 1362 and below, certificated in transmission support fitting (fitting) certify that the proposed regulation: any category. attachment bolt (bolt) for a fracture, a 1. Is not a ‘‘significant regulatory Compliance: Required within 50 hours crack, or looseness, and verifying the action’’ under Executive Order 12866; time-in-service (TIS) for helicopters with 500 2. Is not a ‘‘significant rule’’ under the or more hours TIS; or no later than 550 hours torque on each fitting bolt. This DOT Regulatory Policies and Procedures TIS for helicopters with less than 500 hours proposal is prompted by two incidents (44 FR 11034, February 26, 1979); and TIS, unless accomplished previously. of fatigue failure of the bolts that secure 3. Will not have a significant To detect incorrect positioning of the tail the transmission rear support fittings to economic impact, positive or negative, rotor drive shaft (drive shaft) damper half- the helicopter. The actions specified by clamps (half-clamps), and to prevent this proposed AD are intended to detect on a substantial number of small entities interference of the half-clamps with the drive under the criteria of the Regulatory a fracture, a crack, or looseness of a shaft, which could result in scoring on the fitting bolt, and prevent fatigue failure Flexibility Act. drive shaft, failure of the drive shaft, and We prepared a draft economic subsequent loss of control of the helicopter, of a fitting bolt and subsequent loss of evaluation of the estimated costs to accomplish the following: control of the helicopter. comply with this proposed AD. See the (a) Inspect the half-clamps, part number DATES: Comments must be received on DMS to examine the draft economic C651A4103201 or C651A4103202, to or before April 11, 2005. evaluation. determine if they are centered on the friction ADDRESSES: Use one of the following ring, using the Operational Procedure, addresses to submit comments on this Authority for This Rulemaking paragraph 2.B., of Eurocopter Alert Telex No. proposed AD: Title 49 of the United States Code 65A004, Revision 1, dated January 27, 2004 • (Alert Telex). If the half-clamps are not DOT Docket Web site: Go to specifies the FAA’s authority to issue centered on the friction ring, center the half- http://dms.dot.gov and follow the rules on aviation safety. Subtitle I, clamps on the friction ring in accordance instructions for sending your comments Section 106, describes the authority of with the Operational Procedure, paragraph electronically; the FAA Administrator. Subtitle VII, 2.B, and Rework Sheet No. EC 120–53–02–04 • Government-wide rulemaking Web Aviation Programs, describes in more in Appendix 1 of the Alert Telex. site: Go to http://www.regulations.gov
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and follow the instructions for sending System (DMS) Docket Office between 9 in a fitting, replacing all 4 of the bolts your comments electronically; a.m. and 5 p.m., Monday through in the fitting would be required. If • Mail: Docket Management Facility; Friday, except Federal holidays. The looseness is detected on any fitting bolt, U.S. Department of Transportation, 400 Docket Office (telephone 1–800–647– a torque inspection would be required. Seventh Street, SW., Nassif Building, 5227) is located at the plaza level of the If any torque inspection reveals that the Room PL–401, Washington, DC 20590; Department of Transportation NASSIF torque of any bolt in a fitting is not • Fax: 202–493–2251; or Building in Room PL–401 at 400 between 11.3–15.8 Nm (100–140 inch- • Hand Delivery: Room PL–401 on Seventh Street, SW., Washington, DC. pounds), all 4 of the bolts in the fitting the plaza level of the Nassif Building, Comments will be available in the AD would have to be replaced with 400 Seventh Street, SW., Washington, docket shortly after the DMS receives airworthy fitting bolts before further DC, between 9 a.m. and 5 p.m., Monday them. flight. The actions would have to be through Friday, except Federal holidays. Discussion accomplished in accordance with the You may get the service information bolletino tecnico described previously. identified in this proposed AD from The Ente Nazionale per l’Aviazione We estimate that this proposed AD Agusta, 21017 Cascina Costa di Civile (ENAC), the airworthiness would affect 21 helicopters of U.S. Samarate (VA) Italy, Via Giovanni authority for Italy, notified the FAA that registry. The three inspections (one Agusta 520, telephone 39 (0331) 229111, an unsafe condition may exist on Agusta initial, one repetitive, and the torque fax 39 (0331) 229605–222595. Model A119 helicopters. ENAC advises inspection) would take approximately 4 You may examine the comments to of the need to check the bolts that work hours to accomplish at an average this proposed AD in the AD docket on secure the transmission support fittings labor rate of $65 per work hour. (The the Internet at http://dms.dot.gov. to the structure by following the manufacturer states that it shall manufacturer’s Bollettino Tecnico 119– FOR FURTHER INFORMATION CONTACT: recognize a reimbursement of $120 per 8, dated April 7, 2004. helicopter for the labor.) Required parts Sharon Miles, Aviation Safety Engineer, Agusta has issued Bollettino Tecnico would cost approximately $1,600 per FAA, Rotorcraft Directorate, Regulations No. 119–8, dated April 7, 2004, which helicopter ($100 per fitting bolt for 16 and Guidance Group, Fort Worth, Texas specifies a periodic visual inspection to fitting bolts). Based on these figures, we 76193–0111, telephone (817) 222–5122, verify the condition (visible damage) of fax (817) 222–5961. the airframe mounted main estimate the total cost impact of the SUPPLEMENTARY INFORMATION: transmission fittings attaching proposed AD on U.S. operators to be $39,060, assuming that no warranty Comments Invited hardware, and successively checking the torque of the bolts to exclude the credit is available and that all affected We invite you to submit any written possible presence of looseness and/or a fitting bolts are replaced. data, views, or arguments regarding this fracture or a crack. ENAC classified this Regulatory Findings proposed AD. Send or deliver your bollettino tecnico as mandatory and comments to the address listed under issued AD No. 2004–108, dated April 8, We have determined that this the caption ADDRESSES. Include the 2004, to ensure the continued proposed AD would not have federalism docket number ‘‘FAA–2005–20291, airworthiness of these helicopters in implications under Executive Order Directorate Identifier 2004–SW–25–AD’’ Italy. 13132. Additionally, this proposed AD at the beginning of your comments. We This helicopter model is would not have a substantial direct specifically invite comments on the manufactured in Italy and is type effect on the States, on the relationship overall regulatory, economic, certificated for operation in the United between the national Government and environmental, and energy aspects of States under the provisions of 14 CFR the States, or on the distribution of the proposed AD. We will consider all 21.29 and the applicable bilateral power and responsibilities among the comments received by the closing date agreement. Pursuant to the applicable various levels of government. and may amend the proposed AD in bilateral agreement, ENAC has kept us For the reasons discussed above, I light of those comments. informed of the situation described certify that the proposed regulation: We will post all comments we above. We have examined the findings 1. Is not a ‘‘significant regulatory receive, without change, to http:// of ENAC, reviewed all available action’’ under Executive Order 12866; dms.dot.gov, including any personal information, and determined that AD 2. Is not a ‘‘significant rule’’ under the information you provide. We will also action is necessary for products of this DOT Regulatory Policies and Procedures post a report summarizing each type design that are certificated for (44 FR 11034, February 26, 1979); and substantive verbal contact with FAA operation in the United States. 3. Will not have a significant personnel concerning this proposed This previously described unsafe economic impact, positive or negative, rulemaking. Using the search function condition is likely to exist or develop on on a substantial number of small entities of our docket Web site, you can find and other helicopters of the same type under the criteria of the Regulatory read the comments to any of our design registered in the United States. Flexibility Act. dockets, including the name of the Therefore, the proposed AD would We prepared a draft economic individual who sent or signed the require inspecting each fitting bolt, part evaluation of the estimated costs to comment. You may review the DOT’s number (P/N) NAS625–14 and P/N comply with this proposed AD. See the complete Privacy Act Statement in the NAS625–18, for a fracture, a crack, or DMS to examine the draft economic Federal Register published on April 11, looseness, within 5 hours time-in- evaluation. service (TIS) and then at intervals not to 2000 (65 FR 19477–78) or you may visit Authority for This Rulemaking http://dms.dot.gov. exceed 10 hours TIS until accomplishing a torque inspection of Title 49 of the United States Code Examining the Docket each fitting bolt, which would have to specifies the FAA’s authority to issue You may examine the docket that be accomplished before further flight if rules on aviation safety. Subtitle I, contains the proposed AD, any looseness is found, or within 25 hours Section 106, describes the authority of comments, and other information in TIS if looseness is not found. If a the FAA Administrator. Subtitle VII, person at the Docket Management fracture or a crack is found on any bolt Aviation Programs, describes in more
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detail the scope of the Agency’s within the acceptable range on any bolt in a Further investigation has shown that the authority. fitting, before further flight, remove all 4 main gearbox is not affected, and this We are issuing this rulemaking under bolts in the fitting and replace them with action would require replacing a certain the authority described in Subtitle VII, airworthy fitting bolts in accordance with combiner gearbox with a modified Part A, Subpart III, Section 44701, Part II, steps 4.1 through 5., of Agusta Bollettino Tecnico No. 119–8, dated April 7, airworthy gearbox. This proposal is ‘‘General requirements.’’ Under that 2004 (BT). prompted by a report of a freewheel unit section, Congress charges the FAA with (b) Within 25 hours TIS, inspect each bolt slipping resulting in an engine promoting safe flight of civil aircraft in in each fitting to determine if the torque is overspeed and shutdown. Also, this air commerce by prescribing regulations between 11.3–15.8 Nm (100–140 inch- proposal is prompted by the conclusion for practices, methods, and procedures pounds). If the indicated torque is not within of the investigation, which finds the the Administrator finds necessary for the acceptable range on any bolt, before freewheel slippage is due to the surface safety in air commerce. This regulation further flight, remove all 4 bolts in the fitting treatment applied to certain freewheel is within the scope of that authority and replace them with airworthy fitting bolts rollers in the combiner gearbox. The because it addresses an unsafe condition in accordance with Part II, steps 4.1 through 5., of the BT. actions specified by the proposed AD that is likely to exist or develop on (c) Accomplishing the inspections are intended to prevent an engine products identified in this rulemaking specified in paragraphs (a) and (b) constitute overspeed, an engine shutdown, and action. terminating actions for the requirements of subsequent loss of control of the List of Subjects in 14 CFR Part 39 this AD. helicopter. (d) To request a different method of DATES: Comments must be received by Air transportation, Aircraft, Aviation compliance or a different compliance time safety, Safety. for this AD, follow the procedures in 14 CFR April 11, 2005. 39.19. Contact the Safety Management Group, ADDRESSES: Use one of the following The Proposed Amendment Rotorcraft Directorate, FAA, for information addresses to submit comments on this Accordingly, pursuant to the about previously approved alternative proposed AD: authority delegated to me by the methods of compliance. • DOT Docket Web site: Go to Administrator, the Federal Aviation (e) Special flight permits may be issued in http://dms.dot.gov and follow the Administration proposes to amend part accordance with 14 CFR 21.197 and 21.199 instructions for sending your comments to operate the helicopter to a location where 39 of the Federal Aviation Regulations electronically; the requirements of this AD can be • Government-wide rulemaking Web (14 CFR part 39) as follows: accomplished, provided that no fracture, crack, or looseness was found during the site: Go to http://www.regulations.gov PART 39—AIRWORTHINESS inspections required by this AD. and follow the instructions for sending DIRECTIVES Note: The subject of this AD is addressed your comments electronically; • Mail: Docket Management Facility; 1. The authority citation for part 39 in Ente Nazionale per l’Aviazione Civile (Italy) AD No. 2004–108, dated April 8, 2004. U.S. Department of Transportation, 400 continues to read as follows: Seventh Street, SW., Nassif Building, Authority: 49 U.S.C. 106(g), 40113, 44701. Issued in Fort Worth, Texas, on February Room PL–401, Washington, DC 20590; 1, 2005. • Fax: 202–493–2251; or § 39.13 [Amended] David A. Downey, • Hand Delivery: Room PL–401 on 2. Section 39.13 is amended by Manager, Rotorcraft Directorate, Aircraft the plaza level of the Nassif Building, adding a new airworthiness directive to Certification Service. 400 Seventh Street, SW., Washington, read as follows: [FR Doc. 05–2588 Filed 2–9–05; 8:45 am] DC, between 9 a.m. and 5 p.m., Monday Agusta S.p.A.: Docket No. FAA–2005–20291; BILLING CODE 4910–13–P through Friday, except Federal holidays. Directorate Identifier 2004–SW–25–AD. You may examine the comments to Applicability: Model A119 helicopters, this proposed AD in the AD docket on serial numbers 14001 through 14037, except DEPARTMENT OF TRANSPORTATION the Internet at http://dms.dot.gov. serial number 14036, certificated in any FOR FURTHER INFORMATION CONTACT: category. Federal Aviation Administration Uday Garadi, Aviation Safety Engineer, Compliance: Required as indicated, unless FAA, Rotorcraft Directorate, Regulations accomplished previously. 14 CFR Part 39 To detect a fracture, a crack, or looseness and Guidance Group, Fort Worth, Texas of a main transmission support fitting [Docket No. FAA–2005–20293; Directorate 76193–0110, telephone (817) 222–5123, (fitting) attachment bolt (bolt) and prevent Identifier 2004–SW–34–AD] fax (817) 222–5961. fatigue failure of a fitting bolt and subsequent SUPPLEMENTARY INFORMATION: loss of control of the helicopter, accomplish RIN 2120–AA64 the following: Comments Invited Airworthiness Directives; Eurocopter (a) Within 5 hours time-in-service (TIS), We invite you to submit any written and then at intervals not to exceed 10 hour France Model AS355E, F, F1, F2, and data, views, or arguments regarding this TIS until a torque inspection of each fitting N Helicopters bolt is accomplished in accordance with proposed AD. Send your comments to paragraph (b) of this AD, inspect each fitting AGENCY: Federal Aviation the address listed under the caption bolt, part number NAS625–14 and NAS625– Administration, DOT. ADDRESSES. Include the docket number 18, for a fracture, a crack, or looseness, using ACTION: Notice of proposed rulemaking ‘‘FAA–2005–20293, Directorate a light and a mirror. (NPRM). Identifier 2004–SW–34–AD’’ at the (1) On each of the 4 fittings, if a fracture beginning of your comments. We or a crack is found in any bolt, replace all SUMMARY: This document proposes specifically invite comments on the 4 bolts in the fitting with airworthy fitting superseding an existing airworthiness overall regulatory, economic, bolts before further flight. (2) If looseness is found in any bolt in any directive (AD) for the specified environmental, and energy aspects of fitting, inspect each of the 4 bolts on each of Eurocopter France (ECF) model the proposed AD. We will consider all the 4 fittings (16 bolts total) to determine if helicopters. That AD currently requires comments received by the closing date the torque is between 11.3–15.8 Nm (100–140 replacing certain main or combiner and may amend the proposed AD in inch-pounds). If the indicated torque is not gearboxes with airworthy gearboxes. light of those comments.
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We will post all comments we eliminated as the cause of this unsafe Regulatory Findings receive, without change, to http:// condition. The results of the dms.dot.gov, including any personal investigation led ECF to cancel the We have determined that this information you provide. We will also cleaning procedure described in Alert proposed AD would not have federalism post a report summarizing each Telex No. 63.00.21 R1, dated December implications under Executive Order substantive verbal contact with FAA 19, 2003, but to extend the effectivity of 13132. Additionally, this proposed AD personnel concerning this proposed their instructions to all combiner would not have a substantial direct rulemaking. Using the search function gearboxes. Also, Alert Telex 63.00.21 R2 effect on the States, on the relationship of our docket web site, you can find and specifies modifying the combiner between the national Government and the States, or on the distribution of read the comments to any of our gearboxes at an approved repair station power and responsibilities among the dockets, including the name of the by replacing the freewheel rollers and various levels of government. individual who sent or signed the after that recording the modification on comment. You may review the DOT’s the Equipment Log Card. For the reasons discussed above, I complete Privacy Act Statement in the certify that the proposed regulation: Federal Register published on April 11, The Direction Generale De L’Aviation 1. Is not a ‘‘significant regulatory 2000 (65 FR 19477–78) or you may visit Civile (DGAC), the airworthiness action’’ under Executive Order 12866; http://dms.dot.gov. authority for France, notified the FAA that an unsafe condition may exist on 2. Is not a ‘‘significant rule’’ under the Examining the Docket the specified model helicopters. The DOT Regulatory Policies and Procedures You may examine the docket that DGAC advises of a combiner gearbox (44 FR 11034, February 26, 1979); and contains the proposed AD, any freewheel slippage with resulting engine 3. Will not have a significant comments, and other information in shutdown due to overspeed, which economic impact, positive or negative, person at the Docket Management occurred during the single-engine phase on a substantial number of small entities System (DMS) Docket Office between 9 of an acceptance flight at the Eurocopter under the criteria of the Regulatory a.m. and 5 p.m., Monday through works. The DGAC classified AT Flexibility Act. Friday, except Federal holidays. The 63.00.21 R2 as mandatory and issued We prepared a draft economic Docket Office (telephone 1–800–647– AD F–2004–021, dated March 3, 2004, 5227) is located at the plaza level of the evaluation of the estimated costs to to ensure the continued airworthiness of comply with this proposed AD. See the Department of Transportation NASSIF these helicopters in France. Building in Room PL–401 at 400 DMS to examine the draft economic Seventh Street, SW., Washington, DC. These helicopter models are evaluation. manufactured in France and are type Comments will be available in the AD Authority for This Rulemaking docket shortly after the DMS receives certificated for operation in the United them. States under the provisions of 14 CFR Title 49 of the United States Code 21.29 and the applicable bilateral specifies the FAA’s authority to issue Discussion agreement. Pursuant to the applicable rules on aviation safety. Subtitle I, On January 8, 2004, we issued bilateral agreement, the DGAC has kept Section 106, describes the authority of Emergency AD 2004–01–51 followed by the FAA informed of the situation the FAA Administrator. Subtitle VII, the publication in the Federal Register described above. We have examined the Aviation Programs, describes in more of the final rule AD, issued February 20, findings of the DGAC, reviewed all detail the scope of the Agency’s 2004, Amendment 39–13495, Docket available information, and determined authority. No. 2004–SW–34–AD (69 FR 9201, that AD action is necessary for products We are issuing this rulemaking under February 27, 2004) for the specified of these type designs that are the authority described in Subtitle VII, model helicopters. The AD requires certificated for operation in the United Part A, Subpart III, Section 44701, replacing a main or combiner gearbox States. ‘‘General requirements.’’ Under that received from Eurocopter Marignane, This previously described unsafe section, Congress charges the FAA with France, works with airworthy gearboxes condition is likely to exist or develop on promoting safe flight of civil aircraft in received from another source. This was other helicopters of the same type air commerce by prescribing regulations an interim action pending the results of design. Therefore, the proposed AD for practices, methods, and procedures an investigation. That action was would supersede AD 2004–01–51 to the Administrator finds necessary for prompted by a report of a main gearbox require, before further flight, replacing safety in air commerce. This regulation free-wheel unit slipping, resulting in an each combiner gearbox pre-MOD is within the scope of that authority engine overspeed and shut down, which 077212 that has logged 10 hours or less because it addresses an unsafe condition occurred during the single-engine phase TIS with a combiner gearbox modified that is likely to exist or develop on of an acceptance flight. This condition, by replacing the free-wheel rollers. products identified in this rulemaking if not corrected, could result in an action. engine overspeed, an engine shut down, We estimate that this proposed AD and subsequent loss of control of the would affect 104 helicopters of U.S. List of Subjects in 14 CFR Part 39 helicopter. registry, and the proposed actions Since issuing those ADs, the FAA has would take about 1⁄2 work hour to Air transportation, Aircraft, Aviation reviewed ECF Alert Telex No. 63.00.21 determine applicability and 12 work safety, Safety. R2, dated February 4, 2004 (AT 63.00.21 hours to replace a gearbox at an average The Proposed Amendment R2). The Alert Telex describes the labor rate of $65 per work hour. conclusion of the investigation that the Required parts would cost about Accordingly, pursuant to the freewheel slippage is due to the surface $97,000 per helicopter. Based on these authority delegated to me by the treatment applied to freewheel rollers, figures, we estimate the total cost Administrator, the Federal Aviation pre-MOD 077212. The freewheel rollers impact of the proposed AD on U.S. Administration proposes to amend part are located in the combiner gearbox; operators to be $981,180 assuming 10 39 of the Federal Aviation Regulations therefore, the main gearbox has been gearboxes are replaced. (14 CFR part 39) as follows:
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PART 39—AIRWORTHINESS DEPARTMENT OF TRANSPORTATION FAA, Rotorcraft Directorate, Regulations DIRECTIVES and Guidance Group, Fort Worth, Texas Federal Aviation Administration 76193–0111, telephone (817) 222–5122, 1. The authority citation for part 39 fax (817) 222–5961. 14 CFR Part 39 continues to read as follows: SUPPLEMENTARY INFORMATION: Authority: 49 U.S.C. 106(g), 40113, 44701. [Docket No. FAA–2005–20292; Directorate Identifier 2004–SW–26–AD] Comments Invited § 39.13 [Amended] RIN 2120–AA64 We invite you to submit any written data, views, or arguments regarding this 2. Section 39.13 is amended by proposed AD. Send or deliver your removing Amendment 39–13495 (69 FR Airworthiness Directives; Agusta comments to the address listed under 9201, February 27, 2004), and by adding S.p.A. Model A109E Helicopters the caption ADDRESSES. Include the a new airworthiness directive (AD), to AGENCY: Federal Aviation docket number ‘‘FAA–2005–20292, read as follows: Administration, DOT. Directorate Identifier 2004–SW–26–AD’’ Eurocopter France: Docket No. FAA–2005– ACTION: Notice of proposed rulemaking at the beginning of your comments. We 20293; Directorate Identifier 2004–SW– (NPRM). specifically invite comments on the 34–AD. Supersedes AD 2004–01–51, overall regulatory, economic, SUMMARY: This document proposes Amendment 39–13495, Docket No. adopting a new airworthiness directive environmental, and energy aspects of 2003–SW–56–AD. (AD) for Agusta S.p.A. (Agusta) Model the proposed AD. We will consider all Applicability: Model AS355E, F, F1, F2, A109E helicopters. This proposal would comments received by the closing date and N helicopters with a pre-MOD 077212 require visually inspecting each main and may amend the proposed AD in combiner gearbox that has 10 or less hours transmission support fitting (fitting) light of those comments. time-in-service installed, certificated in any attachment bolt (bolt) for a fracture, a We will post all comments we category. crack, or looseness, and verifying the receive, without change, to http:// Compliance: Before further flight, unless torque on each fitting bolt. This dms.dot.gov, including any personal accomplished previously. proposal is prompted by two incidents information you provide. We will also To prevent an engine overspeed, an engine of fatigue failure of the bolts that secure post a report summarizing each shutdown, and subsequent loss of control of the transmission rear support fittings to substantive verbal contact with FAA the helicopter, accomplish the following: the helicopter. The actions specified by personnel concerning this proposed (a) Before further flight, replace each pre- this proposed AD are intended to detect rulemaking. Using the search function MOD 077212 combiner gearbox with a a fracture, a crack, or looseness of a of our docket Web site, you can find and combiner gearbox modified by replacing the fitting bolt, and prevent fatigue failure read the comments to any of our freewheel rollers in accordance with MOD of a fitting bolt and subsequent loss of dockets, including the name of the 077212. control of the helicopter. individual who sent or signed the Note 1: Eurocopter France Alert Telex No. DATES: Comments must be received on comment. You may review the DOT’s 63.00.21 R2, dated February 4, 2004, pertains or before April 11, 2005. complete Privacy Act Statement in the to the subject AD. Federal Register published on April 11, ADDRESSES: Use one of the following (b) Performing paragraph (a) of this AD is addresses to submit comments on this 2000 (65 FR 19477–78) or you may visit terminating action for the requirements of proposed AD: http://dms.dot.gov. this AD. • DOT Docket Web site: Go to Examining the Docket (c) To request a different method of http://dms.dot.gov and follow the compliance or a different compliance time instructions for sending your comments You may examine the docket that for this AD, follow the procedures in 14 CFR electronically; contains the proposed AD, any 39.19. Contact the Safety Management Group, • Government-wide rulemaking Web comments, and other information in FAA, for information about previously site: Go to http://www.regulations.gov person at the Docket Management approved alternative methods of compliance. and follow the instructions for sending System (DMS) Docket Office between 9 (d) Special flight permits will not be your comments electronically; a.m. and 5 p.m., Monday through issued. • Mail: Docket Management Facility; Friday, except Federal holidays. The Note 2: The subject of this AD is addressed U.S. Department of Transportation, 400 Docket Office (telephone 1–800–647– in Direction Generale de L’Aviation Civile, Seventh Street, SW., Nassif Building, 5227) is located at the plaza level of the France, AD No. F–2004–021, dated March 3, Room PL–401, Washington, DC 20590; Department of Transportation NASSIF 2004. • Fax: 202–493–2251; or Building in Room PL–401 at 400 • Hand Delivery: Room PL–401 on Seventh Street, SW., Washington, DC. Issued in Fort Worth, Texas, on January 24, the plaza level of the Nassif Building, Comments will be available in the AD 2005. 400 Seventh Street, SW., Washington, docket shortly after the DMS receives Mark R. Schilling, DC, between 9 a.m. and 5 p.m., Monday them. Acting Manager, Rotorcraft Directorate, through Friday, except Federal holidays. Aircraft Certification Service. You may get the service information Discussion [FR Doc. 05–2590 Filed 2–9–05; 8:45 am] identified in this proposed AD from The Ente Nazionale per l’Aviazione BILLING CODE 4910–13–P Agusta, 21017 Cascina Costa di Civile (ENAC), the airworthiness Samarate (VA) Italy, Via Giovanni authority for Italy, notified the FAA that Agusta 520, telephone 39 (0331) 229111, an unsafe condition may exist on Agusta fax 39 (0331) 229605–222595. Model A109E helicopters. ENAC You may examine the comments to advises of the need to check the bolts this proposed AD in the AD docket on that secure the fittings to the structure the Internet at http://dms.dot.gov. by following the manufacturer’s FOR FURTHER INFORMATION CONTACT: Bollettino Tecnico No. 109EP–43, dated Sharon Miles, Aviation Safety Engineer, March 3, 2004.
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Agusta has issued Bollettino Tecnico Based on these figures, the total Administration proposes to amend part No. 109EP–43, dated March 25, 2004, estimated cost impact of the proposed 39 of the Federal Aviation Regulations which specifies a periodic visual AD on U.S. operators is $115,420, (14 CFR part 39) as follows: inspection to verify the integrity of the assuming that no warranty credit is slippage marks, and successively available and that all affected fitting PART 39—AIRWORTHINESS checking the torque of the bolts to bolts are replaced. DIRECTIVES exclude the possible presence of 1. The authority citation for part 39 looseness and/or a fracture or a crack. Regulatory Findings continues to read as follows: ENAC classified this bollettino tecnico We have determined that this as mandatory and issued AD No. 2004– proposed AD would not have federalism Authority: 49 U.S.C. 106(g), 40113, 44701. 099, dated March 29, 2004, to ensure the implications under Executive Order § 39.13 [Amended] continued airworthiness of these 13132. Additionally, this proposed AD helicopters in Italy. would not have a substantial direct 2. Section 39.13 is amended by This helicopter model is effect on the States, on the relationship adding a new airworthiness directive to manufactured in Italy and is type between the national Government and read as follows: certificated for operation in the United the States, or on the distribution of Agusta S.p.A.: Docket No. FAA–200X– States under the provisions of 14 CFR power and responsibilities among the XXXXX; Directorate Identifier 2004–SW– 21.29 and the applicable bilateral various levels of government. 26–AD. agreement. Pursuant to the applicable For the reasons discussed above, I Applicability: Model A109E helicopters, bilateral agreement, ENAC has kept us certify that the proposed regulation: certificated in any category. informed of the situation described 1. Is not a ‘‘significant regulatory Compliance: Required as indicated, unless above. We have examined the findings action’’ under Executive Order 12866; accomplished previously. of ENAC, reviewed all available 2. Is not a ‘‘significant rule’’ under the To detect a fracture, a crack, or looseness of a main transmission support fitting information, and determined that AD DOT Regulatory Policies and Procedures (fitting) attachment bolt (bolt), and prevent action is necessary for products of this (44 FR 11034, February 26, 1979); and fatigue failure of a fitting bolt and subsequent type design that are certificated for 3. Will not have a significant loss of control of the helicopter, accomplish operation in the United States. economic impact, positive or negative, the following: This previously described unsafe on a substantial number of small entities (a) Within 5 hours time-in-service (TIS), condition is likely to exist or develop on under the criteria of the Regulatory and then at intervals not to exceed 10 hours other helicopters of the same type Flexibility Act. TIS until a torque inspection of each fitting design registered in the United States. We prepared a draft economic bolt is accomplished in accordance with Therefore, the proposed AD would evaluation of the estimated costs to paragraph (b) of this AD, inspect each fitting require inspecting the fitting bolts, part comply with this proposed AD. See the bolt, part number NAS625–14, for a fracture, number (P/N) NAS625–14, for a a crack, or looseness using a light and a DMS to examine the draft economic mirror in accordance with Part I, steps 1. fracture, a crack, or looseness within 5 evaluation. through 4., of Agusta Bollettino Tecnico No. hours time-in-service (TIS), and then at Authority for This Rulemaking 109EP–43, dated March 25, 2004 (BT). intervals not to exceed 10 hours TIS (1) On each of the 4 fittings, if a fracture until performing a torque inspection of Title 49 of the United States Code or a crack is found in any bolt, replace all each fitting bolt. The torque inspection specifies the FAA’s authority to issue 4 bolts in the fitting with airworthy fitting would have to be accomplished before rules on aviation safety. Subtitle I, bolts before further flight. further flight if looseness is found, or Section 106, describes the authority of (2) If looseness is found in any bolt in any within 25 hours TIS if looseness is not the FAA Administrator. Subtitle VII, fitting, inspect each of the 4 bolts on each of found. If a fracture or a crack is found Aviation Programs, describes in more the 4 fittings (16 bolts total) to determine if on any bolt in any fitting, replacing all the torque is between 11.3–15.8 Nm (100–140 detail the scope of the Agency’s inch-pounds). If the indicated torque is not 4 of the bolts in a fitting with airworthy authority. within the acceptable range on any bolt in a fitting bolts would be required before We are issuing this rulemaking under fitting, before further flight, remove all 4 further flight. If any torque inspection the authority described in Subtitle VII, bolts in the fitting and replace them with reveals that the torque of any bolt in a Part A, Subpart III, Section 44701, airworthy fitting bolts in accordance with fitting is not between 11.3—15.8 Nm ‘‘General requirements.’’ Under that Part II, steps 5.1 through 9. of the BT. (100—140 inch-pounds), all 4 of the section, Congress charges the FAA with (b) Within 25 hours TIS, inspect each bolt bolts in the fitting would have to be promoting safe flight of civil aircraft in in each fitting to determine if the torque is replaced with airworthy fitting bolts air commerce by prescribing regulations between 11.3–15.8 Nm (100–140 inch- pounds). If the indicated torque is not within before further flight. The actions would for practices, methods, and procedures be required to be accomplished in the acceptable range on any bolt, before the Administrator finds necessary for further flight, remove all 4 bolts in the fitting accordance with the bolletino tecnico safety in air commerce. This regulation and replace them with airworthy fitting bolts described previously. is within the scope of that authority in accordance with Part II, steps 5.1 through We estimate that this proposed AD because it addresses an unsafe condition 9., of the BT. would affect 58 helicopters of U.S. that is likely to exist or develop on (c) Accomplishing the inspections registry. Three inspections (one initial, products identified in this rulemaking specified in paragraphs (a) and (b) constitute one repetitive, and the torque action. terminating actions for the requirements of inspection) would take approximately 4 this AD. work hours to accomplish at an average List of Subjects in 14 CFR Part 39 (d) To request a different method of labor rate of $65 per work hour. (The Air transportation, Aircraft, Aviation compliance or a different compliance time manufacturer states that it shall for this AD, follow the procedures in 14 CFR safety, Safety. 39.19. Contact the Safety Management Group, recognize a warranty credit of up to The Proposed Amendment Rotorcraft Directorate, FAA, for information $200 per helicopter for the labor). about previously approved alternative Required parts would cost Accordingly, pursuant to the methods of compliance. approximately $1,600 per helicopter authority delegated to me by the (e) Special flight permits may be issued in ($100 per fitting bolt for 16 fitting bolts). Administrator, the Federal Aviation accordance with 14 CFR 21.197 and 21.199
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to operate the helicopter to a location where ADDRESSES: Submit comments in April 12, 2002)). That AD requires the requirements of this AD can be triplicate to the Federal Aviation implementing the procedures described accomplished, provided that no fracture or Administration (FAA), Office of the in MD Helicopters, Inc. Service Bulletin crack or looseness was found during the Regional Counsel, Southwest Region, SB600N–03, dated November 2, 2001 inspections required by this AD. Attention: Rules Docket No. 2004–SW– (SB600N–03), for inspecting both upper Note: The subject of this AD is addressed 16–AD, 2601 Meacham Blvd., Room tailboom attachments, nutplates, and in Ente Nazionale per l’Aviazione Civile angles for a crack or thread damage and (Italy) AD No. 2004–099, dated March 29, 663, Fort Worth, Texas 76137. You may 2004. also send comments electronically to repairing or replacing damaged parts. In the Rules Docket at the following addition, if one bolt is broken, the AD Issued in Fort Worth, Texas, on February address: [email protected]. requires replacing all four bolts. Also, 1, 2005. Comments may be inspected at the adding a washer to each bolt and David A. Downey, Office of the Regional Counsel between modifying both upper access covers as Manager, Rotorcraft Directorate, Aircraft 9 a.m. and 3 p.m., Monday through well as a 25-hour time-in-service (TIS) Certification Service. Friday, except Federal holidays. repetitive borescope inspection of the [FR Doc. 05–2591 Filed 2–9–05; 8:45 am] FOR FURTHER INFORMATION CONTACT: Fred tailboom attachments, nutplates, and BILLING CODE 4910–13–P Guerin, Aviation Safety Engineers, FAA, angles is required. That action was Los Angeles Aircraft Certification prompted by the discovery of cracked Office, Airframe Branch, 3960 bolts and attachments on several DEPARTMENT OF TRANSPORTATION Paramount Blvd., Lakewood, California helicopters. The requirements of that AD are intended to prevent failure of a Federal Aviation Administration 90712, telephone (562) 627–5232, fax (562) 627–5210. tailboom attachment, loss of the tailboom, and subsequent loss of control 14 CFR Part 39 SUPPLEMENTARY INFORMATION: of the helicopter. [Docket No. 2004–SW–16–AD] Comments Invited Since issuing that AD, the FAA has reviewed an analysis by the RIN 2120–AA64 Interested persons are invited to manufacturer and has determined that participate in the making of the the tailboom fittings, part number (P/N) Airworthiness Directives; MD proposed rule by submitting such 500N3422–BSC (BSC is interchangeable Helicopters, Inc. Model 600N written data, views, or arguments as with basic) and –3, and the upper Helicopters they may desire. Communications longerons, P/N 500N3120–3 and –4, will should identify the Rules Docket develop cracks due to the same design AGENCY: Federal Aviation number and be submitted in triplicate to Administration, DOT. error as the current AD. Also, the FAA the address specified above. All has reviewed MDHI Service Bulletin ACTION: Notice of proposed rulemaking communications received on or before SB600N–039, dated December 9, 2003, (NPRM). the closing date for comments will be which provides information pertaining considered before taking action on the to adding six inspection holes in the SUMMARY: This document proposes proposed rule. The proposals contained superseding an existing airworthiness fuselage and certain inspections of the in this document may be changed in tailboom attachment fittings and upper directive (AD) for the MD Helicopters, light of the comments received. Inc. (MDHI) Model 600N helicopters. longerons for cracks. Also, MDHI has Comments are specifically invited on issued Technical Bulletin TB 600N–007, That AD currently requires certain the overall regulatory, economic, inspections of both upper tailboom dated January 12, 2004, which provides environmental, and energy aspects of information pertaining to modifying the attachments, nutplates, and angles for a the proposed rule. All comments crack or thread damage, and repairing or fuselage aft section to strengthen submitted will be available, both before tailboom attachment fittings and replacing any cracked or damaged part. and after the closing date for comments, Also, that AD requires replacing certain longerons. in the Rules Docket for examination by This previously described unsafe tailboom attachment bolts, adding a interested persons. A report washer to each bolt, and modifying both condition is likely to exist or develop on summarizing each FAA-public contact other helicopters of the same type upper access covers. This action would concerned with the substance of this require installing six additional design. Therefore, the proposed AD proposal will be filed in the Rules would supersede AD 2001–24–51 to inspection holes in the aft fuselage skin Docket. panels and inspecting the upper and require the following: Commenters wishing the FAA to • Before further flight, drill an lower tailboom attachment fittings, the acknowledge receipt of their mailed inspection hole at fuselage station L167 upper longerons, and the angles and comments submitted in response to this and R167 (L indicates Left and R nutplates for cracks. Also, the AD would proposal must submit a self-addressed, indicates Right) on each side of the provide a terminating action of stamped postcard on which the fuselage. modifying the fuselage aft section to following statement is made: • Within 25 hours time-in-service strengthen the tailboom attachments ‘‘Comments to Docket No. 2004–SW– (TIS): and longerons. This proposal is 16–AD.’’ The postcard will be date • Drill two additional inspection prompted by an analysis that shows that stamped and returned to the holes on each side of the fuselage at certain tailboom attachments and commenter. L166, R166, L153, and R153. longerons may develop cracks. The • Visually inspect the lower Discussion actions specified by the proposed AD attachment fittings and the upper are intended to prevent failure of a On November 28, 2001, the FAA longerons through inspection holes at tailboom attachment, loss of the issued Emergency AD 2001–24–51 for L166, R166, L153 and R153, tailboom, and subsequent loss of control MDHI Model 600N helicopters and respectively. of the helicopter. issued the final rule; request for • Thereafter, at specified intervals, DATES: Comments must be received on comments on April 2, 2002 remove the plug buttons from the or before April 11, 2005. (Amendment 39–12706 (67 FR 17934, inspection holes at L167, R167, L166,
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and R166. Using a bright light, inspect detail the scope of the Agency’s R153 on the right side) on each side of the the attachment fittings, angles, and authority. fuselage as shown for the left side of the nutplates for a crack. Through We are issuing this rulemaking under fuselage in Figure 1 of MDHI SB600N–039, inspection holes L153 and R153, using the authority described in Subtitle VII, dated December 9, 2003 (SB–039), by a bright light and mirror or borescope, Part A, Subpart III, Section 44701, following the Accomplishment Instruction visually inspect the bottom surface of ‘‘General requirements.’’ Under that paragraphs of SB–039 as follows: each longeron for a crack. section, Congress charges the FAA with (i) Paragraphs 2.A.(1)(a), (b), and (d) for • Before further flight, replace any promoting safe flight of civil aircraft in inspection holes at L166 and R166; cracked attachment fitting, angle, air commerce by prescribing regulations (ii) Paragraphs 2.A.(2)(a), (b), and (d) for nutplate, longeron, and any nutplate for practices, methods, and procedures inspection holes at L153 and R153; and with thread damage with an appropriate the Administrator finds necessary for (2) Visually inspect for a crack by airworthy part. safety in air commerce. This regulation following the Accomplishment Instruction paragraphs of SB–039 at the following This action proposes to require that is within the scope of that authority locations, except you are not required to operators modify the aft fuselage to because it addresses an unsafe condition contact MDHI. strengthen the tailboom attachments that is likely to exist or develop on (i) The lower left and right attachment and longeron within 4 years, which products identified in this rulemaking action. fittings through inspection holes at L166 and would constitute terminating action for R166, paragraph 2.A.(1)(c). the requirements of the AD. List of Subjects in 14 CFR Part 39 (ii) The upper left and right longerons The FAA estimates that this proposed Air transportation, Aircraft, Aviation through inspection holes at L153 and R153, AD would affect 39 helicopters of U.S. safety, Safety. paragraph 2.A.(2)(c). registry. The proposed actions would Note: The reference in Figure 1 of SB–039 take about 322 work hours to modify The Proposed Amendment to inspection hole at L167 mistakenly states and inspect the fuselage aft section per Accordingly, pursuant to the that it was ‘‘Added by SB900–036.’’ helicopter at an average labor rate of $65 authority delegated to me by the Inspection holes at L167 and R167 were per work hour. Required parts would Administrator, the Federal Aviation originally specified by SB600N–036. cost approximately $14,960 per Administration proposes to amend part helicopter. Based on these figures, we (c) Thereafter, at the specified intervals, 39 of the Federal Aviation Regulations remove the plug buttons from the inspection estimate the total cost impact of the (14 CFR part 39) as follows: proposed AD on U.S. operators to be holes, and using a bright light, inspect the upper left and upper right attachment $1,399,710. PART 39—AIRWORTHINESS fittings, angles, and nutplates for a crack by DIRECTIVES Regulatory Findings following the Accomplishment Instruction paragraphs of SB–039, as follows, except you The regulations proposed herein 1. The authority citation for part 39 are not required to contact MDHI. would not have a substantial direct continues to read as follows: (1) At intervals not to exceed 25 hours TIS, Authority: 49 U.S.C. 106(g), 40113, 44701. effect on the States, on the relationship for inspection holes at L167 and R167, between the national Government and § 39.13 [Amended] inspect the upper left and upper right the States, or on the distribution of 2. Section 39.13 is amended by attachment fittings, angles, and nutplates by power and responsibilities among the following paragraphs 2.B.(2) through 2.B.(4). various levels of government. Therefore, removing Amendment 39–12706 (67 FR 17934) and by adding a new (2) At intervals not to exceed 100 hours it is determined that this proposal TIS, for inspection holes at L166 and R166, would not have federalism implications airworthiness directive (AD), to read as follows: inspect the lower left and lower right under Executive Order 13132. attachment fittings, angles, and nutplates by For the reasons discussed above, I MD Helicopters, Inc.: Docket No. 2004–SW– following paragraphs 2.B.(2) through 2.B.(4). 16–AD. Supersedes AD 2001–24–51, certify that this proposed regulation (1) (3) At intervals not to exceed 1200 hours is not a ‘‘significant regulatory action’’ Amendment 39–12706, Docket No. 2001–SW–57–AD. TIS, for inspection holes L153 and R153 under Executive Order 12866; (2) is not using a mirror or borescope, inspect the a ‘‘significant rule’’ under the DOT Applicability: Model 600N, serial numbers with a prefix of ‘‘RN’’ 003 through 066 and bottom surface of each longeron by following Regulatory Policies and Procedures (44 068, that have not been modified by paragraphs 2.C.(2) and 2.C.(3). FR 11034, February 26, 1979); and (3) if following the Accomplishment Instructions (d) Before further flight, replace any promulgated, will not have a significant of MDHI Technical Bulletin TB600N–007, cracked attachment fitting, angle, nutplate, economic impact, positive or negative, dated January 12, 2004, certificated in any longeron, and any nutplate with thread on a substantial number of small entities category. damage with an appropriate airworthy part. under the criteria of the Regulatory Compliance: Required as indicated. (e) On or before 4 years from the effective Flexibility Act. A copy of the draft To prevent failure of a tailboom date of this AD, modify the aft fuselage to economic evaluation prepared for this attachment, loss of the tailboom, and strengthen the tailboom attachments and the subsequent loss of control of the helicopter, longerons by following the Accomplishment action is contained in the Rules Docket. accomplish the following: A copy of it may be obtained by (a) Before further flight, unless Instructions of MDHI Technical Bulletin contacting the Rules Docket at the accomplished previously, drill an inspection TB600N–007, dated January 12, 2004 (TB– location provided under the caption hole at fuselage station L167 and R167 (L 007). Modifying the aft fuselage by following ADDRESSES. indicates Left and R indicates Right) on each TB–007 constitutes terminating action for the side of the fuselage by following the requirements of this AD. Authority for this Rulemaking Accomplishment Instructions, paragraph (f) To request a different method of Title 49 of the United States Code 2.B.(6) of MD Helicopters, Inc. (MDHI) compliance or a different compliance time specifies the FAA’s authority to issue Service Bulletin SB600N–036, dated for this AD, follow the procedures in 14 CFR November 2, 2001. 39.19. Contact the Los Angeles Aircraft rules on aviation safety. Subtitle I, (b) Within 25 hours time-in-service (TIS), Certification Office (LAACO), FAA, for Section 106, describes the authority of unless accomplished previously: the FAA Administrator. Subtitle VII, (1) Drill two additional inspection holes information about previously approved Aviation Programs, describes in more (L166 and L153 on the left side and R166 and alternative methods of compliance.
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Issued in Fort Worth, Texas, on February comments and related material. If you 17°40′00″ North, 64°43′36″ West; and 2, 2005. do so, please include your name and 17°41′48″ North, 64°44′25″ West, and David A. Downey, address, identify the docket number for back to the point of origin. The security Manager, Rotorcraft Directorate, Aircraft this rulemaking (COTP San Juan–05– zone includes the waters extending Certification Service. 007), indicate the specific section of this approximately 2 miles seaward from the [FR Doc. 05–2608 Filed 2–9–05; 8:45 am] document to which each comment HOVENSA facility, Limetree Bay BILLING CODE 4910–13–P applies, and give the reason for each Channel and Limetree Bay. All comment. Please submit all comments coordinates are based upon North and related material in an unbound American Datum 1983 (NAD 1983). All 1 DEPARTMENT OF HOMELAND format, no larger than 8 ⁄2 by 11 inches, vessels without a scheduled arrival in SECURITY suitable for copying. If you would like accordance with the Notice of Arrival to know that your submission reached requirements of 33 CFR part 160, Coast Guard us, please enclose a stamped, self- subpart C are excluded from the zone addressed postcard or envelope. We will unless specifically authorized by the 33 CFR Part 165 consider all comments and material Captain of the Port San Juan. received during the comment period. [COTP San Juan 05–007] We may change this proposed rule in Regulatory Evaluation RIN 1625–AA87 view of them. This proposed rule is not a Public Meeting ‘‘significant regulatory action’’ under Security Zone: HOVENSA Refinery, St. section 3(f) of Executive Order 12866, Croix, United States Virgin Islands We do not now plan to hold a public Regulatory Planning and Review, and meeting. But you may submit a request does not require an assessment of AGENCY: Coast Guard, DHS. for a meeting by writing to SECTOR San potential costs and benefits under ACTION: Notice of proposed rulemaking. Juan at the address under ADDRESSES section 6(a)(3) of that Order. The Office explaining why one would be of Management and Budget has not SUMMARY: The Coast Guard proposes to beneficial. If we determine that one reviewed it under that Order. It is not establish a permanent security zone in would aid this rulemaking, we will hold ‘‘significant’’ under the regulatory the vicinity of the HOVENSA refinery one at a time and place announced by policies and procedures of the facility on St. Croix, U. S. Virgin a later notice in the Federal Register. Department of Homeland Security Islands. The security zone is needed for (DHS). national security reasons to protect the Background and Purpose We expect the economic impact of public and the HOVENSA facility from The Coast Guard has published this proposed rule to be so minimal that potential subversive acts. The proposed similar temporary security zones in the a full Regulatory Evaluation under the rule would exclude entry into the Federal Register at 67 FR 2332, January regulatory policies and procedures of proposed permanent security zone by 17, 2002; 67 FR 57952, September 13, DHS is unnecessary. The burden all vessels without permission of the 2002; 68 FR 22296, April 28, 2003; 68 imposed on the public by this rule is U.S. Coast Guard Captain of the Port FR 41081, July 10, 2003; 69 FR 6150, minimal and mariners may obtain San Juan or a scheduled arrival in February 10, 2004; 69 FR 29232, May permission to enter the zone from the accordance with the Notice of Arrival 21, 2004; and 70 FR 2950, January 19, Coast Guard Captain of the Port San requirements of 33 CFR part 160, 2005. Given the highly volatile nature of Juan or by scheduling vessel arrival in subpart C. the substances stored at the HOVENSA accordance with the Notice of Arrival DATES: Comments and related material facility, the Coast Guard recognizes that it could be a potential terrorist target requirements of 33 CFR part 160, must reach the Coast Guard on or before subpart C. March 28, 2005. and there is a continuing risk that subversive activity could be launched ADDRESSES: You may mail comments Small Entities by vessels or persons in close proximity and related material to Sector San Juan, to the facility. This activity could be Under the Regulatory Flexibility Act 5 Calle La Puntilla, San Juan, PR 00901. directed against tank vessels and the (5 U.S.C. 601–612), we have considered Sector San Juan Waterways waterfront facility. This security zone is whether this proposed rule would have Management will maintain the public necessary to decrease the risk that a significant economic impact on a docket for this rulemaking. Comments subversive activity could be launched substantial number of small entities. and material received from the public, against the HOVENSA facility. The The term ‘‘small entities’’ comprises as well as documents indicated in this Captain of the Port San Juan is reducing small businesses, not-for-profit preamble as being available in the risk by prohibiting all vessels without a organizations that are independently docket, will become part of this docket scheduled arrival in accordance with owned and operated and are not and will be available for inspection or the Notice of Arrival requirements of 33 dominant in their fields, and copying at Resident Inspections Office CFR part 160, subpart C from entering governmental jurisdictions with in St. Croix, United States Virgin Island within approximately 2 miles of the populations of less than 50,000. between 7 a.m. and 3:30 p.m., Monday HOVENSA facility unless specifically The Coast Guard certifies under 5 through Friday, except Federal holidays. authorized by the Captain of the Port U.S.C. 605(b) that this proposed rule FOR FURTHER INFORMATION CONTACT: San Juan. would not have a significant economic Lieutenant Junior Grade Katiuska Pabon impact on a substantial number of small of Sector San Juan Waterways Discussion of Proposed Rule entities. Management at 787–289–0739. The proposed permanent security The factual basis for this certification SUPPLEMENTARY INFORMATION: zone around the HOVENSA facility is as follows: would be encompassed by a line (1) Owners of small charter fishing or Request for Comments connecting the following coordinates: diving operations that operate near the We encourage you to participate in 17°41′31″ North, 64°45′09″ West; HOVENSA facility may be affected by this rulemaking by submitting 17°39′36″ North, 64°44′12″ West; the existence of this security zone.
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(2) This rule will not have a result in such an expenditure, we do regulatory activities unless the agency significant economic impact on the discuss the effects of this rule elsewhere provides Congress, through the Office of above mentioned or a substantial in this preamble. Management and Budget, with an number of small entities because this explanation of why using these Taking of Private Property zone covers an area that is not typically standards would be inconsistent with used by commercial fisherman. This proposed rule would not effect a applicable law or otherwise impractical. Additionally, vessels may be allowed taking of private property or otherwise Voluntary consensus standards are to enter the zone on a case-by-case basis have taking implications under technical standards (e.g., specifications with the permission of the Captain of Executive Order 12630, Governmental of materials, performance, design, or the Port San Juan. Actions and Interference with operation; test methods; sampling If you think that your business, Constitutionally Protected Property procedures; and related management organization, or governmental Rights. systems practices) that are developed or jurisdiction qualifies as a small entity Civil Justice Reform adopted by voluntary consensus and that this rule would have a standards bodies. significant economic impact on it, This proposed rule meets applicable This proposed rule does not use please submit a comment (see standards in sections 3(a) and 3(b)(2) of technical standards. Therefore, we did ADDRESSES) explaining why you think it Executive Order 12988, Civil Justice not consider the use of voluntary qualifies and how and to what degree Reform, to minimize litigation, consensus standards. this rule would economically affect it. eliminate ambiguity, and reduce burden. Environment Assistance for Small Entities Protection of Children Under section 213(a) of the Small We have analyzed this proposed rule Business Regulatory Enforcement We have analyzed this proposed rule under Commandant Instruction Fairness Act of 1996 (Pub. L. 104–121), under Executive Order 13045, M16475.lD, which guides the Coast we want to assist small entities in Protection of Children from Guard in complying with the National understanding this proposed rule so that Environmental Health Risks and Safety Environmental Policy Act of 1969 they can better evaluate its effects on Risks. This rule is not an economically (NEPA) (42 U.S.C. 4321–4370f), and them and participate in the rulemaking. significant rule and would not create an have concluded that there are no factors If the proposed rule would affect your environmental risk to health or risk to in this case that would limit the use of small business, organization, or safety that might disproportionately a categorical exclusion under section governmental jurisdiction and you have affect children. 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under questions concerning its provisions or Indian Tribal Governments options for compliance, please contact figure 2–1, paragraph (34)(g), of the LTJG Katiuska Pabon, Sector San Juan This proposed rule does not have Instruction, from further environmental Waterways Management, 787–289– tribal implications under Executive documentation. The proposed rule 0739. The Coast Guard will not retaliate Order 13175, Consultation and satisfies the criteria for paragraph (34)(g) against small entities that question or Coordination with Indian Tribal because it is a security zone. Governments, because it would not have complain about this rule or any policy Under figure 2–1, paragraph (34)(g) of a substantial direct effect on one or or action of the Coast Guard. the Instruction, an ‘‘Environmental more Indian tribes, on the relationship Analysis Check List’’ and a ‘‘Categorical Collection of Information between the Federal Government and Exclusion Determination’’ are not Indian tribes, or on the distribution of This proposed rule would call for no required for this rule. Comments on this power and responsibilities between the new collection of information under the section will be considered before we Federal Government and Indian tribes. Paperwork Reduction Act of 1995 (44 make the final decision on whether to U.S.C. 3501–3520). Energy Effects categorically exclude this rule from Federalism We have analyzed this proposed rule further environmental review. A rule has implications for federalism under Executive Order 13211, Actions List of Subjects in 33 CFR Part 165 under Executive Order 13132, Concerning Regulations That Federalism, if it has a substantial direct Significantly Affect Energy Supply, Harbors, Marine safety, Navigation effect on State or local governments and Distribution, or Use. We have (water), Reporting and recordkeeping would either preempt State law or determined that it is not a ‘‘significant requirements, Security measures, impose a substantial direct cost of energy action’’ under that order because Waterways. compliance on them. We have analyzed it is not a ‘‘significant regulatory action’’ For the reasons discussed in the this proposed rule under that Order and under Executive Order 12866 and is not preamble, the Coast Guard proposes to have determined that it does not have likely to have a significant adverse effect amend 33 CFR part 165 as follows: implications for federalism. on the supply, distribution, or use of energy. The Administrator of the Office PART 165—REGULATED NAVIGATION Unfunded Mandates Reform Act of Information and Regulatory Affairs AREAS AND LIMITED ACCESS AREAS The Unfunded Mandates Reform Act has not designated it as a significant of 1995 (2 U.S.C. 1531–1538) requires energy action. Therefore, it does not 1. The authority citation for part 165 Federal agencies to assess the effects of require a Statement of Energy Effects continues to read as follows: their discretionary regulatory actions. In under Executive Order 13211. Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. particular, the Act addresses actions Technical Standards Chapter 701; 50 U.S.C. 191, 195; 33 CFR that may result in the expenditure by a 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. State, local, or tribal government, in the The National Technology Transfer 107–295, 116 Stat. 2064; Department of aggregate, or by the private sector of and Advancement Act (NTTAA) (15 Homeland Security Delegation No. 0170.1. $100,000,000 or more in any one year. U.S.C. 272 note) directs agencies to use Though this proposed rule would not voluntary consensus standards in their 2. Add § 165.766 to read as follows:
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§ 165.766 Security Zone: HOVENSA efficiency of vessel traffic management means, mail, fax, or delivery to the Refinery, St. Croix, U.S. Virgin Islands. in the study area. The recommendations Docket Management Facility at the (a) Regulated area. The Coast Guard is of the study may lead to future address under ADDRESSES; but please establishing a security zone in and rulemaking action or appropriate submit your comments and material by around the HOVENSA Refinery on international agreements. only one means. If you submit them by south coast of St. Croix, U.S. Virgin DATES: Comments and related material mail or delivery, submit them in an Islands. This security zone includes all must reach the Docket Management unbound format, no larger than 81⁄2 by waters from surface to bottom, Facility on or before April 11, 2005. 11 inches, suitable for copying and encompassed by an imaginary line ADDRESSES: You may submit comments electronic filing. If you submit them by connecting the following points: Point identified by Coast Guard docket mail and would like to know that they 1: 17°41′31″ North, 64°45′09″ West, number USCG–2005–20102 to the reached the Facility, please enclose a Point 2: 17°39′36″ North, 64°44′12″ Docket Management Facility at the U.S. stamped, self-addressed postcard or West, Point 3: 17°40′00″ North, Department of Transportation. To avoid envelope. We will consider all 64°43′36″ West, Point 4: 17°41′48″ duplication, please use only one of the comments and material received during North, 64°44′25″ West, and returning to following methods: the comment period. the point of origin. These coordinates Viewing comments and documents: (1) Web site: http://dms.dot.gov. are based upon North American Datum (2) Mail: Docket Management Facility, To view comments, as well as 1983 (NAD 1983). U.S. Department of Transportation, 400 documents mentioned in this preamble (b) Regulations. (1) Under § 165.33, Seventh Street, SW., Washington, DC as being available in the docket, go to entry into or remaining in the security http://dms.dot.gov at any time and 20590–0001. zone in paragraph (a) of this section is (3) Fax: 202–493–2251. conduct a simple search using the prohibited unless authorized by the (4) Delivery: Room PL–401 on the docket number. You may also visit the Coast Guard Captain of the Port, Port of Plaza level of the Nassif Building, 400 Docket Management Facility in room San Juan or vessels have a scheduled Seventh Street, SW., Washington, DC, PL–401 on the Plaza level of the Nassif arrival in accordance with the Notice of between 9 a.m. and 5 p.m., Monday Building, 400 Seventh Street, SW., Arrival requirements of 33 CFR part through Friday, except Federal holidays. Washington, DC, between 9 a.m. and 5 160, subpart C. The telephone number is 202–366– p.m., Monday through Friday, except (2) Persons and vessels desiring to 9329. Federal holidays. transit the Regulated Area may contact (5) Federal eRulemaking Portal: Privacy Act: Anyone can search the the U.S. Coast Guard Captain of the http://www.regulations.gov. electronic form of all comments Port, San Juan, at telephone number received into any of our dockets by the FOR FURTHER INFORMATION CONTACT: 787–289–0739 or on VHF channel 16 If name of the individual submitting the (156.8 MHz) to seek permission to you have questions on this notice of comment (or signing the comment, if transit the area. If permission is granted, study, call John J. Mauro, Project submitted on behalf of an association, all persons and vessels must comply Officer, First Coast Guard District, business, labor union, etc.). You may with the instructions of the Captain of telephone 617–223–8355, or send e-mail review the Department of the Port. to [email protected]; or George Transportation’s Privacy Act Statement Detweiler, Office of Vessel Traffic in the Federal Register published on Dated: January 31, 2005. Management, Coast Guard, telephone D.P. Rudolph, April 11, 2000 (65 FR 19477), or you 202–267–0574, or send e-mail to may visit http://dms.dot.gov. Captain, U.S. Coast Guard, Captain of the [email protected]. If you have Port, Sector San Juan. questions on viewing or submitting Definitions [FR Doc. 05–2595 Filed 2–9–05; 8:45 am] material to the docket, call Renee K. The following definitions are from the BILLING CODE 4910–15–P Wright, Program Manager, Docket International Maritime Organization’s Operations, telephone 202–366–0271. (IMO’s) publication ‘‘Ships’ Routeing’’ SUPPLEMENTARY INFORMATION: (except those marked by an asterisk) and DEPARTMENT OF HOMELAND should help you review this notice: SECURITY Public Participation and Request for Area to be avoided or (ATBA) means Comments Coast Guard a routing measure comprising an area We encourage you to participate in within defined limits in which either 33 CFR Part 167 this study by submitting comments and navigation is particularly hazardous or related materials. All comments it is exceptionally important to avoid [USCG–2005–20102] received will be posted, without change, casualties and which should be avoided to http://dms.dot.gov and will include by all vessels, or certain classes of Port Access Routes: Approaches to any personal information you have vessels. Portland, ME and Casco Bay provided. We have an agreement with Deep-water route means a route AGENCY: Coast Guard, DHS. the Department of Transportation (DOT) within defined limits, which has been ACTION: Notice of study; request for to use the Docket Management Facility. accurately surveyed for clearance of sea comments Please see DOT’s ‘‘Privacy Act’’ bottom and submerged obstacles as paragraph below. indicated on nautical charts. SUMMARY: The Coast Guard is Submitting comments: If you submit a Inshore traffic zone means a routing conducting a Port Access Route Study comment, please include your name and measure comprising a designated area (PARS) to evaluate the continued address, identify the docket number for between the landward boundary of a applicability of and the need for this notice of study (USCG–2005– traffic separation scheme and the modifications to current vessel routing 20102), indicate the specific section of adjacent coast, to be used in accordance measures in the approaches to Portland, this document to which each comment with the provisions of Rule 10(d), as Maine and Casco Bay. The goal of the applies, and give the reason for each amended, of the International study is to help reduce the risk of comment. You may submit your Regulations for Preventing Collisions at marine casualties and increase the comments and material by electronic Sea, 1972 (COLREGS).
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Precautionary area means a routing (TSSs) to provide safe access routes for and anchorage area 45 feet deep, measure comprising an area within vessels proceeding to and from U.S. northwest of House Island and northeast defined limits where vessels must ports. The designation of fairways and of the head of the entrance channel; and navigate with particular caution and TSSs recognizes the paramount right of (3) a channel depth of 40 feet in Soldier within which the direction of traffic navigation over all other uses in the Ledge Channel in Hussey Sound, a flow may be recommended. designated areas. passage between Peaks and Long Recommended route means a route of The PWSA requires the Coast Guard Islands, which are part of a group of undefined width, for the convenience of to conduct a study of port access routes small, inhabited islands near the center vessels in transit, which is often marked before establishing or adjusting fairways of Casco Bay. by centerline buoys. or TSSs. Through the study process, we In response to a request by a local, Recommended track is a route which must coordinate with Federal, State, and commercial pipeline corporation, the has been specially examined to ensure foreign state agencies (as appropriate) ACOE is considering approving private so far as possible that it is free of and consider the views of maritime maintenance dredging of part of its dangers and along which vessels are community representatives, navigation project in Portland Harbor. If advised to navigate. environmental groups, and other granted, this approval will allow the Regulated Navigation Area (RNA)* interested stakeholders. A primary entrance channel to Portland Pipe Line means a water area within a defined purpose of this coordination is, to the Pier 2 and the western limits of boundary for which regulations for extent practicable, to reconcile the need Anchorage ‘‘B’’ to be deepened to a vessels navigating within the area have for safe access routes with other depth of 50 feet. This depth is five feet been established under 33 CFR part 165. reasonable waterway uses. deeper than the Corp’s congressionally Roundabout means a routing measure Were there previous port access route authorized, project depth of 45 feet. If comprising a separation point or studies? The area (known as Area 2 of this project is approved and completed, circular separation zone and a circular the original PARS) which included the vessel traffic to and from this port is traffic lane within defined limits. Traffic ports of Searsport, Bucksport, Portland, expected to increase. Maine, and Portsmouth, New within the roundabout is separated by What are the timeline, study area, and Hampshire was last studied in 1979, moving in a counterclockwise direction process of this PARS? The First Coast and the final results of the study were around the separation point or zone. Guard District will conduct this PARS. published in the Federal Register on Separation Zone or Separation line The study will begin immediately and January 7, 1982 (47 FR 879). The study means a zone or line separating the should take 6 to 12 months to complete. traffic lanes in which vessels are of Area 2 concluded that the existing The study area will encompass the proceeding in opposite or nearly TSS in the approaches to Portland, approaches to Portland, Maine and the opposite directions; or from the adjacent Maine is adequate for the traditional waters of Portland Harbor and Casco sea area; or separating traffic lanes trade routes and amount of traffic to and Bay. designated for particular classes of from the Port of Portland, Maine. As part of this study, we will consider vessels proceeding in the same Why is a new port access route study previous studies, analyses of vessel direction. necessary? Portland Harbor is one of Traffic lane means an area within three deepwater ports in Maine, which traffic density, and agency and defined limits in which one-way traffic are the nearest commercial ports in the stakeholder experience in vessel traffic is established. Natural obstacles, United States to Europe; principal management, navigation, ship handling, including those forming separation commerce items imported to the port and affects of weather. We encourage zones, may constitute a boundary. include crude oil, refined petroleum you to participate in the study process Traffic Separation Scheme (TSS) products, chemicals, kaolin, and paper. by submitting comments in response to means a routing measure aimed at the Exported items from the port include this notice. separation of opposing streams of traffic wood pulp, lumber, scrap metal, and We will publish the results of the by appropriate means and by the containerized goods, plus coastal PARS in the Federal Register. It is establishment of traffic lanes. receipts and reshipment of petroleum possible that the study may validate Two-way route means a route within products, and internal receipts of fresh existing vessel routing measures and defined limits inside which two-way fish. About 65 percent of the tonnage is conclude that no changes are necessary. traffic is established, aimed at providing crude oil, which is transported by It is also possible that the study may safe passage of ships through waters pipelines to refineries in Montreal, recommend one or more changes to where navigation is difficult or Quebec. enhance navigational safety and the dangerous. The report by the U.S. Army Corps of efficiency of vessel traffic management. Vessel routing system means any Engineers’ (ACOE) ‘‘Waterborne The recommendations may lead to system of one or more routes or routing Commerce of the United States’’ states future rulemakings or appropriate measures aimed at reducing the risk of that, from 1998 to 2002, annual trips to international agreements. and from the Port of Portland, ME casualties; it includes traffic separation Possible Scope of the Recommendations schemes, two-way routes, recommended increased 7 percent from 34,571 to tracks, areas to be avoided, inshore 37,233. Since 1982 the Corps of We are attempting to determine the traffic zones, roundabouts, Engineers has maintained a navigation scope of any safety problems associated precautionary areas, and deep-water project for Portland Harbor. This project with vessel transits in the study area. routes. maintains: (1) An entrance channel We expect that information gathered 1,000 feet wide and 45 feet deep, which during the study will identify any Background and Purpose extends about 9,000 feet from deep problems and appropriate solutions. Why are port access route studies water in Casco Bay opposite South The study may recommend that we— required? Under the Ports and Portland to a line about 2,000 feet 1. Maintain the current vessel routing Waterways Safety Act (PWSA) (33 seaward of the entrance to the Fore measures; U.S.C. 1223(c)), the Commandant of the River, and allows vessels to call on the 2. Establish recommended routes or Coast Guard may designate necessary deepwater oil-receiving terminals at two-way routes in the approaches to fairways and traffic separation schemes South Portland; (2) a maneuvering basin Broad Sound;
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3. Establish recommended routes or ENVIRONMENTAL PROTECTION a negative declaration for the VOC two-way routes in the approaches to AGENCY source category, Fiberglass Boat Hussey Sound; Manufacturing. In the Rules and 4. Establish recommended routes or 40 CFR Part 52 Regulations section of this Federal two-way routes in the approach to [AZ131–125; FRL–7860–9] Register, we are approving this rule and Portland Harbor; the negative declaration in a direct final 5. Establish recommended routes or Revisions to the Arizona State action without prior proposal because two-way routes in the precautionary Implementation Plan Maricopa County we believe these SIP revisions are not area in the approaches to Portland Environmental Services Department controversial. If we receive adverse which would formalize routes comments, however, we will publish a AGENCY: Environmental Protection timely withdrawal of the direct final historically used by tug and barge Agency (EPA). traffic, merchant vessels, and fishing rule and address the comments in a vessels transiting the precautionary ACTION: Proposed rule. subsequent action based on this area; proposed rule. SUMMARY: EPA is proposing to approve We do not plan to open a second 6. Modify the precautionary area in revisions to the Maricopa County the approaches to Portland; comment period, so anyone interested Environmental Services Department in commenting should do so at this 7. Create one or more inshore traffic portion of the Arizona State time. If we do not receive adverse zones near either the recommended Implementation Plan (SIP). These comments, no further activity is routes or approaches; revisions concern an emissions planned. For further information, please 8. Establish an area to be avoided statement rule and a negative see the direct final action. (ATBA) in shallow areas where the risk declaration that addresses volatile of grounding is present; organic compound (VOC) emissions Dated: December 22, 2004. 9. Establish, disestablish or modify from Fiberglass Boat Manufacturing. We Sally Seymour, anchorage grounds; and are proposing to approve the rule and Acting Regional Administrator, Region IX. 10. Establish a Regulated Navigation the negative declaration to update the [FR Doc. 05–2521 Filed 2–9–05; 8:45 am] Area (RNA) with specific vessel Arizona SIP under the Clean Air Act as BILLING CODE 6560–50–P operating requirements to ensure safe amended in 1990 (CAA or the Act). navigation near shallow water. DATES: Any comments on this proposal must arrive by March 14, 2005. ENVIRONMENTAL PROTECTION Questions AGENCY ADDRESSES: Send comments to Andy To help us conduct the port access Steckel, Rulemaking Office Chief (AIR– 40 CFR Part 52 route study, we request comments on 4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne the following questions, although [R06–OAR–2005–TX–0001; FRL–7871–6] comments on other issues addressed in Street, San Francisco, CA 94105–3901, this document are also welcome. In or e-mail to [email protected], or Approval and Promulgation of Air responding to a question, please explain submit comments at http:// Quality Implementation Plans; Texas; your reasons for each answer and follow www.regulations.gov. Revisions to Control Volatile Organic the instructions under ‘‘Public You can inspect copies of the Compound Emissions From Consumer Participation and Request for submitted SIP revisions, EPA’s technical Related Sources Comments’’ above. support documents (TSDs), and public 1. What navigational hazards do comments at our Region IX office during AGENCY: Environmental Protection vessels operating in the study area face? normal business hours by appointment. Agency (EPA). Please describe. You may also see copies of the ACTION: Proposed rule. 2. Are there strains on the current submitted SIP revisions by appointment SUMMARY: EPA is proposing to approve vessel routing system, such as at the following locations: Texas State Implementation Plan (SIP) increasing traffic density? If so, please Arizona Department of Environmental revisions. The revisions pertain to describe. Quality, Air Quality Division, 1110 West regulations to control volatile organic 3. Are modifications to existing vessel Washington Street, Phoenix, Arizona 85007 compound (VOC) emissions from routing measures needed to address Maricopa County Department of consumer related sources. The control hazards and strains and to improve Environmental Services, Air Pollution of VOC emissions will help to attain and traffic management efficiency in the Control Division, 1001 North Central maintain national ambient air quality study area? If so, please describe. Avenue, Suite 100, Phoenix, Arizona standards for ozone in Texas. This 4. What costs and benefits are 85004 approval will make the revised associated with the potential study Copies of the rule and the negative regulations Federally enforceable. recommendations listed above? What declaration may also be available via the DATES: Written comments should be measures do you think are most cost- Internet at http://www.maricopa.gov/ received on or before March 14, 2005. effective? What impacts, both positive envsvc/AIR/ruledesc.asp. Please be and negative, would changes to existing ADDRESSES: Comments may be mailed to advised that this is not an EPA Web site Mr. Thomas Diggs, Chief, Air Planning routing measures or new routing and may not contain the same version measures have on the study area? Section (6PD–L), Environmental of the rule that was submitted to EPA. Protection Agency, Region 6, 1445 Ross Dated: February 2, 2005. FOR FURTHER INFORMATION CONTACT: Julie Avenue, Suite 1200, Dallas, Texas Howard L. Hime, A. Rose, EPA Region IX, (415) 947– 75202–2733. Comments may also be Acting Director of Standards, Marine Safety, 4126, [email protected]. submitted electronically or through Security and Environmental Protection. SUPPLEMENTARY INFORMATION: This hand deliver/courier by following the [FR Doc. 05–2559 Filed 2–9–05; 8:45 am] proposal addresses Rule 100, Section detailed instructions in the ADDRESSES BILLING CODE 4910–15–P 504, Emission Statements Required, and section of the direct final rule located in
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the rules section of this Federal the above counties to attainment. We are disk or CD–ROM you submit. If EPA Register. soliciting comments on this proposed cannot read your comment due to FOR FURTHER INFORMATION CONTACT: Carl action. technical difficulties and cannot contact Young, Air Planning Section (6PD–L), DATES: Comments must be received on you for clarification, EPA may not be Environmental Protection Agency, or before March 14, 2005. able to consider your comment. Electronic files should avoid the use of Region 6, 1445 Ross Avenue, Suite 700, ADDRESSES: Submit your comments, special characters, any form of Dallas, Texas 75202–2733, telephone identified by Regional Material in encryption, and be free of any defects or 214–665–6645; fax number 214–665– EDocket (RME) ID Number R07–OAR– viruses. 7263; e-mail address 2005–MO–0002, by one of the following [email protected]. Docket: All documents in the methods: electronic docket are listed in the RME 1. Federal eRulemaking Portal: http: SUPPLEMENTARY INFORMATION: In the index at http://docket.epa.gov/rmepub/. //www.regulations.gov. Follow the on- final rules section of this Federal Although listed in the index, some line instructions for submitting Register, EPA is approving the State’s information is not publicly available, comments. SIP submittal as a direct final rule i.e., CBI or other information whose 2. Agency Web site: http:// without prior proposal because the disclosure is restricted by statute. docket.epa.gov/rmepub/. RME, EPA’s Agency views this as a noncontroversial Certain other material, such as electronic public docket and comment submittal and anticipates no adverse copyrighted material, is not placed on system, is EPA’s preferred method for comments. A detailed rationale for the the Internet and will be publicly receiving comments. Once in the approval is set forth in the direct final available only in hard copy form. system, select ‘‘quick search,’’ then key rule. If no adverse comments are Publicly available docket materials are in the appropriate RME Docket received in response to this action, no available either electronically in RME or identification number. Follow the on- further activity is contemplated. If EPA in hard copy at the Environmental line instructions for submitting receives adverse comments, the direct Protection Agency, Air Planning and comments. final rule will be withdrawn and all Development Branch, 901 North 5th public comments received will be 3. E-mail: [email protected]. 4. Mail: Leland Daniels, Street, Kansas City, Kansas. EPA addressed in a subsequent final rule requests that you contact the person based on this proposed rule. EPA will Environmental Protection Agency, Air Planning and Development Branch, 901 listed in the FOR FURTHER INFORMATION not institute a second comment period. CONTACT section to schedule your Any parties interested in commenting North 5th Street, Kansas City, Kansas 66101. inspection. The interested persons on this action should do so at this time. wanting to examine these documents For additional information, see the 5. Hand Delivery or Courier. Deliver your comments to: Leland Daniels, should make an appointment with the direct final rule which is located in the office at least 24 hours in advance. rules section of this Federal Register. Environmental Protection Agency, Air Planning and Development Branch, 901 FOR FURTHER INFORMATION CONTACT: Dated: January 31, 2005. North 5th Street, Kansas City, Kansas Leland Daniels at (913) 551–7651, or by Richard E. Greene, 66101. e-mail at [email protected]. Regional Administrator, Region 6. Instructions: Direct your comments to SUPPLEMENTARY INFORMATION: [FR Doc. 05–2615 Filed 2–9–05; 8:45 am] RME ID Number R07–OAR–2005–MO– Throughout this document whenever BILLING CODE 6560–50–P 0002. EPA’s policy is that all comments ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean received will be included in the public EPA. This section provides additional docket without change and may be information by addressing the following ENVIRONMENTAL PROTECTION made available online at http:// questions: AGENCY docket.epa.gov/rmepub, including any What is the background for this action? personal information provided, unless 40 CFR Part 81 What are the statutory requirements for the comment includes information designations and redesignations and what are [R07–OAR–2005–MO–0002; FRL–7871–3] claimed to be Confidential Business EPA’s regulatory requirements and policy Information (CBI) or other information regarding redesignations? Air Quality Redesignation for the 8- whose disclosure is restricted by statute. What new information is available Hour Ozone National Ambient Air Do not submit information that you regarding air quality in Kansas City? Quality Standard; for Some Counties in consider to be CBI or otherwise What about Kansas City’s air quality in the the States of Kansas and Missouri future? protected through RME, regulations.gov, What action is EPA taking in regard to the AGENCY: Environmental Protection or e-mail. The EPA RME Web site and designation of the Kansas City area? Agency (EPA). the Federal regulations.gov Web site are What Is the Background for This ACTION: Proposed rule. ‘‘anonymous access’’ systems, which means EPA will not know your identity Action? SUMMARY: On April 15, 2004, we, the or contact information unless you On April 15, 2004, the Administrator U.S. Environmental Protection Agency provide it in the body of your comment. of the EPA signed a final rule (69 FR (EPA) announced designations under If you send an e-mail comment directly 23858; April 30, 2004) announcing the 8-hour ozone National Ambient Air to EPA without going through RME or designations under the 8-hour ozone Quality Standard (NAAQS). That action regulations.gov, your e-mail address NAAQS. That action designated several designated several counties in the will be automatically captured and counties in the Kansas City area as Kansas City area as unclassifiable. The included as part of the comment that is unclassifiable and provided that the counties in the Kansas City area placed in the public docket and made designation was effective on June 15, included in the designation were available on the Internet. If you submit 2004. Johnson, Linn, Miami and Wyandotte an electronic comment, EPA The Kansas City area designation was Counties in Kansas and Cass, Clay, recommends that you include your based on review of ozone data from Jackson and Platte Counties in Missouri. name and other contact information in 2001 through 2003. The counties in the This document proposes to redesignate the body of your comment and with any Kansas City area designated as
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unclassifiable are Johnson, Linn, Miami is 0.082 ppm, indicating that the 8-hour have a substantial direct effect on one or and Wyandotte Counties in Kansas and ozone NAAQS has been attained. more Indian tribes, on the relationship Cass, Clay, Jackson and Platte Counties What About Kansas City’s Air Quality between the Federal Government and in Missouri. In that action, we stated in the Future? Indian tribes, or on the distribution of that we would review all available power and responsibilities between the information and make an attainment or EPA’s rule for implementing the 8- Federal Government and Indian tribes, hour ozone standard calls for nonattainment decision after reviewing as specified by Executive Order 13175 communities that were maintenance the 2004 ozone data. (65 FR 67249, November 9, 2000). This areas for the 1-hour ozone standard and What Are the Statutory Requirements are attainment areas for the 8-hour action also does not have Federalism for Designations and Redesignations ozone standard to put in place a plan to implications because it does not have and What Are EPA’s Regulatory maintain the 8-hour ozone standard for substantial direct effects on the States, Requirements and Policy Regarding a ten-year period, no later than three on the relationship between the national Redesignations? years after designation. Thus both government and the States, or on the Section 107(d) of the Clean Air Act Kansas and Missouri are required to distribution of power and (CAA) sets forth the criteria and process develop a plan to maintain the 8-hour responsibilities among the various for designations and redesignations. An ozone standard in the Kansas City area. levels of government, as specified in explanation of statutory requirements Executive Order 13132 (64 FR 43255, for the 8-hour ozone designations that What Action Is EPA Taking in Regard August 10, 1999). This action merely to the Designation of the Kansas City became effective on June 15, 2004, and establishes the attainment status, and Area? the actions EPA took to meet those does not alter the relationship or the requirements can be found in the final Based upon regulatory requirements distribution of power and rule that established the designations in 40 CFR part 50, appendix I and the responsibilities established in the CAA. (69 FR 23858; April 30, 2004). In 8-hour ozone air quality data for the This rule also is not subject to Executive Section 107(d)(3), the CAA addresses 2002 through 2004 time period, we are Order 13045 ‘‘Protection of Children redesignations and provides that the proposing to redesignate Johnson, Linn, from Environmental Health Risks and Administrator or the Governor of a state Miami and Wyandotte Counties in Safety Risks’’ (62 FR 19885, April 23, may initiate the redesignation process. Kansas and Cass, Clay, Jackson and 1997), because it is not economically One of the bases for redesignation under Platte Counties in Missouri to significant. that section is air quality data. attainment for the 8-hour ozone To determine whether an area is standard. In reviewing state redesignation attaining the 8-hour ozone NAAQS, we We are soliciting comments on this requests, EPA’s role is to approve state consider the most recent three proposed action. Final rulemaking will choices, provided that they meet the consecutive years of data in accordance occur after consideration of any criteria of the CAA. In this context, in with 40 CFR part 50, appendix I. For the comments. the absence of a prior existing purpose of this rulemaking, we Statutory and Executive Order Reviews requirement for the State to use reviewed the ozone data from 2002 voluntary consensus standards (VCS), through 2004. Under Executive Order 12866 (58 FR EPA has no authority to disapprove a 51735, October 4, 1993), this action is redesignation request for failure to use What New Information Is Available not a ‘‘significant regulatory action’’ and VCS. It would thus be inconsistent with Regarding Air Quality in Kansas City? therefore is not subject to review by the applicable law for EPA, when it reviews The state of Missouri submitted a Office of Management and Budget. For letter dated December 21, 2004, this reason, this action is also not a state recommendation, to use VCS in regarding air quality in Kansas City. The subject to Executive Order 13211, place of a state request that otherwise letter certified that the 8-hour ozone ‘‘Actions Concerning Regulations That satisfies the provisions of the CAA. data collected during the 2004 ozone Significantly Affect Energy Supply, Thus, the requirements of section 12(d) season is correct, complete and Distribution, or Use’’ (66 FR 28355, May of the National Technology Transfer and appropriate for regulatory use. The letter 22, 2001). This action merely designates Advancement Act of 1995 (15 U.S.C. also requested that EPA redesignate the an area for planning purposes based on 272 note) do not apply. This rule does Kansas City area from unclassifiable to air quality, and does not establish any not impose an information collection attainment. Similarly, the state of new regulations. Accordingly, the burden under the provisions of the Kansas submitted letters of November Administrator certifies that this rule Paperwork Reduction Act of 1995 (44 18, 2004, and January 10, 2005, will not have a significant economic U.S.C. 3501 et seq.). certifying the accuracy of the ozone data impact on a substantial number of small List of Subjects in 40 CFR Part 81 and requesting redesignation from entities under the Regulatory Flexibility unclassifiable to attainment. The Act (5 U.S.C. 601 et seq.). The Environmental protection, Air counties included in the redesignation redesignation is an action which affects pollution control, National park, request include Johnson, Linn, Miami the status of a geographic area but does Wilderness area. and Wyandotte Counties in Kansas and not impose any new requirements on Cass, Clay, Jackson and Platte Counties governmental entities or sources. Dated: January 26, 2005. in Missouri. Therefore because it does not impose James B. Gulliford, Consistent with 40 CFR part 50, any additional enforceable duty, it does Regional Administrator, Region 7. appendix I, section 2.3, paragraph (d)(1), not contain any unfunded mandate or [FR Doc. 05–2610 Filed 2–9–05; 8:45 am] the 8-hour ozone standard is met if the significantly or uniquely affect small BILLING CODE 6560–50–P three year average value of the annual governments, as described in the fourth highest daily maximum (the Unfunded Mandates Reform Act of 1995 design value) is 0.084 parts per million (Pub. L. 104–4). (ppm) or less. For the 2002–2004 time This redesignation does not have period, the design value for Kansas City tribal implications because it will not
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DEPARTMENT OF TRANSPORTATION Programs Administration) and docket wedged under the CTMV. With the number (RSPA–1999–6223 (HM–213B)) driver and passenger(s) trapped in the Research and Special Programs or the Regulatory Identification Number vehicle, the fractured wetlines may Administration (RIN 2137–AD36) for this notice at the release their entire contents onto the beginning of your comments. You other vehicle. If ignited, fire will rapidly 49 CFR Part 173 should submit two copies of your engulf the vehicle. When ignited, a [Docket No. RSPA–99–6223 (HM–213B)] comments if you submit them by mail. gasoline spill of 50 gallons will create a If you wish to receive confirmation that fire over an area of up to 5000 square RIN 2137–AD36 RSPA received your comments, you feet, dooming those trapped in a vehicle must include a self-addressed stamped at the site of the release and fire. If it Hazardous Materials: Safety postcard. Note that all comments is not extinguished immediately, the fire Requirements for External Product received will be posted without change could result in significant loss of life or Piping on Cargo Tanks Transporting to ‘‘http://dms.dot.gov’’, including any damage to property or the environment. Flammable Liquids personal information provided, and will The December 30, 2004 NPRM AGENCY: Research and Special Programs be accessible to Internet users. Please proposed to prohibit the carriage of Administration (RSPA), Department of see the Privacy Act section of this flammable liquids in wetlines, unless Transportation (DOT). document. the cargo tank motor vehicle conforms ACTION: Notice of proposed rulemaking Docket: You may view the public to the accident damage protection (NPRM); extension of comment period. docket through the Internet at http:// requirements of § 178.337–10 or the dms.dot.gov or in person at the Docket bottom damage protection requirements SUMMARY: RSPA is extending until April Management System office at the above of § 178.345–8(b)(1), as appropriate. We 28, 2005, the period for interested address. proposed a quantity limit of one liter or persons to submit comments on the FOR FURTHER INFORMATION CONTACT: Mr. less in each pipe after it is drained. The December 30, 2004 notice of proposed Michael Stevens, Office of Hazardous NPRM included an exception from the rulemaking In the December 30, 2004 Materials Standards, (202) 366–8553, proposed requirements for truck- NPRM, we proposed to amend the Research and Special Programs mounted DOT specification CTMVs. Hazardous Materials Regulations to Administration, U.S. Department of The NPRM proposed to make the prohibit flammable liquids from being Transportation, 400 Seventh Street, changes effective two years after the transported in unprotected product SW., Washington, DC 20590–0001. effective date of a final rule and to piping on existing and newly SUPPLEMENTARY INFORMATION: permit CTMV operators five years to manufactured DOT specification cargo phase in requirements applicable to tank motor vehicles. If adopted as I. Background existing CTMVs. The comment period proposed, this action will reduce On December 30, 2004, the Research for the proposed rule was to end on fatalities and injuries that result from and Special Programs Administration February 28, 2005. accidents involving unprotected (RSPA, we) published a notice of The American Trucking Associations product piping. This proposal was proposed rulemaking (69 FR 78375) (ATA) and its affiliate the National Tank developed jointly with the Federal under Docket RSPA–99–6223 (HM– Truck Carriers, Inc. (NTTC), requested Motor Carrier Safety Administration. 213B) to propose changes to the an additional 180 days in which to DATES: Submit comments by April 28, requirements in the Hazardous submit comments to the NPRM. ATA 2005. To the extent possible, we will Materials Regulations (HMR; 49 CFR stated that an extension is necessary in consider comments received after this parts 171–180) for the transportation of order to accurately measure the date in developing a final rule. flammable liquids in unprotected proposal’s full impact on the industry. ADDRESSES: You may submit comments product piping on cargo tank motor NTTC asserted that a number of identified by the docket number RSPA– vehicles. assumptions made in the NPRM and 99–6223 (HM–213B) by any of the The HMR, at § 173.33(e), prohibit the regulatory evaluation are wrong and that following methods: retention of certain liquid hazardous an extension is necessary in order to • Federal eRulemaking Portal: http:// materials in the external product piping solicit and submit correct data from www.regulations.gov. Follow the (wetlines) of a DOT specification cargo their industry. The Petroleum Marketers instructions for submitting comments. tank, unless the cargo tank motor Association of America (PMAA) and the • Web site: http://dms.dot.gov. vehicle (CTMV) is equipped with American Petroleum Institute (API) also Follow the instructions for submitting bottom damage protection devices. The requested an additional 180 days in comments on the DOT electronic docket current prohibition applies to liquid which to submit comments to the site. hazardous materials in Divisions 5.1 NPRM. PMAA expressed concerns • Fax: 1–202–493–2251. (oxidizer), 5.2 (organic peroxide), 6.1 about the costs and available technology • Mail: Docket Management System; (toxic), and Class 8 (corrosive to skin as a result of retrofitting existing U.S. Department of Transportation, 400 only), but does not apply to flammable CTMVs. API’s extension request is Seventh Street, SW., Nassif Building, liquids. identical to ATA’s. Room PL–401, Washington, DC 20590– Wetlines are product piping located Because it appears that an extension 001. beneath the cargo tank on MC 306, MC of the comment period to allow • Hand Delivery: To the Docket 307, DOT 406, and DOT 407 CTMVs additional time for commenters to Management System; Room PL–401 on that remain filled with product after address the proposals in the NPRM the plaza level of the Nassif Building, loading or unloading. Wetlines on a would be beneficial, we are allowing an 400 Seventh Street, SW., Washington, five-compartment CTMV carrying additional 60 days for submission of DC between 9 am and 5 pm, Monday gasoline typically contain 30–50 gallons comments, which should be sufficient through Friday, except Federal of gasoline. If another vehicle strikes the to accommodate commenters’ need for Holidays. side of a CTMV, the impact likely will additional time. We do not agree that an Instructions: You must include the fracture unprotected wetlines. In such extension of 180 days is in the public agency name (Research and Special collisions, the other vehicle is often interest. Accordingly, the closing date of
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the comment period is extended to name of the individual submitting the Issued in Washington, DC, on February 4, April 28, 2005. comment (or signing the comment, if 2005 under the authority delegated in 49 CFR submitted on behalf of an association, part 106. II. Regulatory Notice business, labor union, etc.). You may Robert A. McGuire, Privacy Act review DOT’s complete Privacy Act Associate Administrator for Hazardous Statement in the Federal Register Materials Safety. Anyone is able to search the published on April 11, 2000 (Volume [FR Doc. 05–2561 Filed 2–9–05; 8:45 am] electronic form of all comments 65, Number 70; Pages 19477–78) or you BILLING CODE 4910–60–P received into any of our dockets by the may visit http://dms.dot.gov.
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Notices Federal Register Vol. 70, No. 27
Thursday, February 10, 2005
This section of the FEDERAL REGISTER Valley Reservoir and the South Fork of (all-aged) forests made up of a contains documents other than rules or the Feather River. The LaPorte/Quincy patchwork of small groups of same-aged proposed rules that are applicable to the Road borders the project area to the east trees. Undamaged, healthy, shade- public. Notices of hearings and investigations, while Lumpkin Road and Forest Service tolerant conifers would be retained in committee meetings, agency decisions and Roads 22N27 and 22N57 transect the groups. Individual tree selection would rulings, delegations of authority, filing of petitions and applications and agency western half of the project area. The be used to remove individually-selected statements of organization and functions are legal description of the project area is as trees less than 30-inches in diameter examples of documents appearing in this follows: T.22N, R.8E, part of Section 24; from approximately 100 acres. Non- section. T.22N., R.9E., portions of Sections 12, merchantable trees (small trees less than 13, 17, 18, 19, 20, 24, 27, 28, 29 and 34; nine inches in diameter) would be and T.22N., R.10E. portions of Sections masticated or removed for biomass to DEPARTMENT OF AGRICULTURE 7, 8, 17, 18, of the Mount Diablo Base reduce ladder fuels and increase crown Meridian. The project area ranges in base height. Forest Service elevation from 5,000 to 6,500 feet above Responsible Official mean sea level. Plumas National Forest, Feather River Karen L. Hayden, District Ranger, Ranger District, California, Bald Purpose and Need for Action Feather River Ranger District, 875 Mountain Project Resource specialists examined the Mitchell Avenue, Oroville, CA 95965 is project area to determine the existing the Responsible Official. AGENCY: Forest Service, USDA. condition and to identify opportunities Nature of Decision To Be Made ACTION: Notice of intent to prepare an and specific management practices that environmental impact statement. could be implemented to accomplish The Forest Service must decide management direction and goals whether it will implement this proposal, SUMMARY: The Forest Service will described in the Plumas National Forest an alternative design that moves the prepare an environmental impact Land and Resource Management Plan, area towards the desired condition, or statement on a proposal to harvest trees August 1988, as amended by the August not to implement any project at this from approximately 90 acres using 1999 Record of Decision for the time. group selection silviculture methods, HFQLGFRA, as well as the Sierra from approximately 100 acres using Scoping Process Nevada Framework Forest Plan individual tree selection silviculture Amendment of January 2004, which Notice of the proposed action was methods, and perform associated road amended the Sierra Nevada Framework first listed in the Plumas National system improvements within the pilot Forest Plan Amendment of January Forest’s Schedule of Proposed Actions project area defined in the Herger- 2001. in October, 1997. In August of 1998, a Feinstein Quincy Library Group Forest Within the project area, treatment is scoping letter was sent to interest and Recovery Act, October 1998 needed to increase representation of affected tribes, individuals, (HFQLGFRA). fire-adapted tree species, improve forest organizations, and Federal, State, and DATES: Comments concerning the scope health and vigor, reduce fuels, and local agencies with responsibilities for of the analysis must be received within increase canopy layer, seral stage, and local resource management. The Bald 30 days of the publication of this notice age class diversity. The purpose of the Mountain Landscape Analysis was in the Federal Register. The draft project is to meet those needs by completed in October, 1998 to: (1) environmental impact statement is implementing group selection and Evaluate the condition of the landscape, expected by May, 2005 and the final individual tree selection silvicultural (2) develop desired conditions for the environmental impact statement is systems as directed in the HFQLGFRA Bald Mountain landscape, and (3) expected by August, 2005. and the Sierra Nevada Forest Plan identify opportunities for moving the landscape toward desired conditions. ADDRESSES: Send written comments to Amendment 2004 Record of Decision. The project is designed to: (1) Test the An Environmental Assessment for the Karen L. Hayden, District Ranger, project was completed in March, 1999 Feather River Ranger District, 875 effectiveness of group selection and individual tree selection treatments in and distributed for public review. A Mitchell Avenue, Oroville, CA 95965. Decision Notice to proceed with the Submit electronic comments to achieving an all-aged, multistory, fire- resilient forest, (2) provide an adequate Bald Mountain Project was signed in comments-pacificsouthwest-plumas- June of 1999. The project was designed [email protected]. See timber supply that contributes to the economic stability of rural communities, to treat approximately 1,907 acres by SUPPLEMENTARY INFORMATION for file thinning and 66 acres by modified formats and other information about and (3) promote ecological health of the forest. group selection. The resulting Decision filing comments. (June, 1999) was never implemented. In FOR FURTHER INFORMATION CONTACT: Proposed Action December of 2004, a new proposed Katherine Worn, Project Leader, at the The Forest Service proposes to action for the Bald Mountain project above address or call (530) 534–6500. conduct group selection timber harvest was mailed to 192 individuals, groups, SUPPLEMENTARY INFORMATION: The in approximately 50 groups covering organizations, tribes, and Federal, State, project area is approximately 8,000 approximately 90 acres. Group selection and local agencies. The scoping letter acres and is entirely located within involves harvest of trees up to 30-inches was sent to those who expressed interest Plumas County, California. It is in diameter from small (less than two in the proposal, those who owned generally situated around Little Grass acres) areas, resulting in uneven-aged property or held mining claims in and
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adjacent to the project area, and to do not need to comment again, unless impact statement or the merits of the agencies with responsibilities for local they have new comments they would alternatives formulated and discussed in resource management. The revised like to provide. The public is the statement. Reviewers may wish to proposal called for harvesting trees encouraged to take part in the process refer to the Council on Environmental using group selection methods on and is encouraged to visit with Forest Quality Regulations for implementing approximately 90 acres and by Service officials at any time during the the procedural provisions of the individual tree selection on analysis and prior to the decision. The National Environmental Policy Act at 40 approximately 100 acres within the Forest Service will be seeking CFR 1503.3 in addressing these points. HFQLGFRA pilot project area. A Legal information, comments, and assistance Comments received, including the Notice announcing the start of the from Federal, State, and local agencies names and addresses of those who scoping process was published in the and other individuals or organizations comment, will be considered part of the Oroville Mercury-Register on December that may be interested in, or affected by, public record on this proposal and will 17, 2004. Eight comments have been the proposed vegetation management be available for public inspection. received since the start of the scoping activities. Authority: 40 CFR 1501.7 and 1508.22; period. Early Notice of Importance of Public Forest Service Handbook 1909.15, Section After evaluating responses to the 21. Participation in Subsequent December 2004 scoping, the Forest Dated: February 3, 2005. Service has decided to prepare an Environmental Review Terri Simon-Jackson, environmental impact statement (EIS) A draft environmental impact for the Bald Mountain project. This statement will be prepared for comment. Acting Forest Supervisor. notice of intent invites additional public The comment period on the draft [FR Doc. 05–2605 Filed 2–9–05; 8:45 am] comment on this proposal and initiates environmental impact statement will be BILLING CODE 3410–11–M the preparation of the environmental forty-five days from the date the impact statement. The proposal has not Environmental Protection Agency DEPARTMENT OF AGRICULTURE been changed since scoping in publishes the notice of availability in December 24. Comments submitted at the Federal Register Forest Service that time will be used in the The Forest Service believes, at this environmental analysis process. Due to early stage, it is important to give Plumas National Forest, Feather River the extensive scoping efforts already reviewers notice of several court rulings Ranger District, California, Watdog conducted, no scoping meeting is related to public participation in the Project planned. environmental review process. First, The scoping process will include reviewers of draft environmental impact AGENCY: Forest Service, USDA. identification of potential issues, in statements must structure their ACTION: Notice of intent to prepare an depth analysis of significant issues, participation in the environmental environmental impact statement. development of alternatives to the review of the proposal so that it is SUMMARY: The Forest Service will proposed action, and determination of meaningful and alerts an agency to the prepare an environmental impact potential environmental effects of the reviewer’s position and contentions. statement on a proposal to construct proposal and alternatives. While public Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 553 (1978). Also, approximately 24 miles of defensible participation in this analysis is welcome fuel profile zones (DFPZs), harvest trees at any time, comments received within environmental objections that could be raised at the draft environmental impact from approximately 260 acres using 30 days of the publication of this notice group selection silviculture methods, will be especially useful in the statement stage but that are not raised until after completion of the final and perform associated road-system preparation of the draft environmental improvements within the pilot project impact statement. The public is environmental impact statement may be waived or dismissed by the courts. City area defined in the Herger-Feinstein encouraged to take part in the planning Quincy Library Group Forest Recovery process and to visit with Forest Service of Angoon v. Hodel, 803 F.2d 1016, 1022 (9th Cir. 1986) and Wisconsin Act, October 1998 (HFQLGFRA). The officials at any time during the analysis purpose of this project is to reduce the and prior to the decision. Heritages, Inc. v. Harris, 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of potential size of wildfires, provide fire Addresses these court rulings, it is very important suppression personnel safe locations for Comments may be: (1) Mailed to the that those interested in this proposed taking action against wildfires, achieve Responsible Official; (2) hand delivered action participate by the close of the an all-aged, multi-story, fire-resilient between the hours of 8 a.m.–4:30 p.m. forty-five day comment period so that forest, and provide an adequate timber weekdays Pacific Time; (3) faxed to substantive comments and objections supply that contributes to the economic (530) 532–1210; or (4) electronically are made available to the Forest Service health of rural communities as directed mailed to: comments-pacificsouthwest- at a time when it can meaningfully in the HFQLGFRA and Sierra Nevada [email protected]. Comments consider them and respond to them in Forest Plan Amendment, January 2004. submitted electronically must be in Rich the final environmental impact DATES: Comments concerning the scope Text Format (.rtf). statement. of the analysis must be received within To assist the Forest Service in 30 days of the publication of this notice Comment Requested identifying and considering issues and in the Federal Register. The draft This notice of intent initiates the concerns on the proposed action, environmental impact statement is scoping process which guides the comments on the draft environmental expected by April, 2005 and the final development of the environmental impact statement should be as specific environmental impact statement is impact statement. Comments submitted as possible. It is also helpful if expected by July, 2005. during the December 2004 scoping comments refer to specific pages or ADDRESSES: Send written comments period will be used in the chapters of the draft statement. concerning this notice to James M. Pen˜ a, environmental analysis process. Those Comments may also address the Forest Supervisor, Plumas National who submitted comments at that time adequacy of the draft environmental Forest, P.O. Box 11500, 159 Lawrence
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Street, Quincy, CA 95971. Submit the Watdog project is to meet those announcing the start of the scoping electronic comments to comments- needs by constructing DFPZs and process was published in the Oroville [email protected]. See implementing group selection Mercury-Register on March 4, 2003. SUPPLEMENTARY INFORMATION for file silvicultural system as directed in the In December of 2004, a revised formats and other information about HFQLGFRA and Sierra Nevada Forest proposed action was mailed to 93 filing comments. Plan Amendment 2004 Record of individuals, groups, organizations, FOR FURTHER INFORMATION CONTACT: Decision. tribes, and Federal, State, and local Katherine Worn, Project Leader, Feather Proposed Action agencies. The scoping letter was sent to River Ranger District, 875 Mitchell those who expressed interest in the The Forest Service proposes to Avenue, Oroville, CA 95965, or call proposal, those who owned property or construct approximately 24 miles of (530) 534–6500. held mining claims in and adjacent to DFPZs averaging 1⁄4 mile in width with SUPPLEMENTARY INFORMATION: The the project area, and to agencies with a total treatment area of approximately project area is approximately 6,300 responsibilities for local resource 4,000 acres. A DFPZ is a strategically acres and is entirely located within management. The revised proposal located strip of land on which fuels, Plumas County, California. It is called for the construction of both living and dead, have been generally situated between Feather Falls approximately 24 miles of DFPZs and modified in order to reduce the to the west, Little Grass Valley Reservoir timber harvesting using group selection potential for sustained crown fire and to to the east, Table Mountain to the north, on approximately 260 acres. A Legal allow fire suppression personnel a safer and Frey Creek to the south. Proposed Notice announcing the start of the location from which to take action DFPXZ are located primarily on scoping process was published in the against a wildfire. Proposed DFPZs are Hartman and Watson Ridges and Feather River Bulletin on December 7, located primarily on Hartman and include a portion of the north and east 2004. Six comments were received Watson Ridges and include a portion of ends of Lumpkin Ridge, an area around during the 30-day comment period. the north and east ends of Lumpkin Camel Peak, and an area near Jackson Ridge, an area around Camel Peak, and After evaluating responses to the Ranch. Group selection units are an area near Jackson Ranch. December 2004 scoping period, the distributed throughout the DFPZs and Group selection timber harvest would Forest Service has decided to prepare an in some adjacent areas. The area ranges be conducted in 172 groups covering environmental impact statement (EIS) in elevation from approximately 3,000 approximately 260 acres within and for the Watdog project. This notice of to 6,200 feet above mean sea level. The near the DFPZ treatment units. Group intent invites additional public legal description of the project area is as selection involves harvest of trees up to comment on this proposal and initiates follows: Township (T) 21N, Range (R) 30-inches in diameter from small (less the preparation of the environmental 6E, portions of Sections 12, 13, 14, 22, than two acres) areas, resulting in impact statement. The proposal has not 23, and 25; T21N, R7E, portions of uneven-aged (all-aged) forests made up been changed since scoping in Sections 5, 6, 7, 8 and 18; T21N, R8E, of a patchwork of small groups of same- December 2004. Comments submitted at portions of Sections 2, 3, and 5; T21N, aged trees. that time will be used in the R9E, portions of Section 19 and 30; environmental analysis process. Due to T22N, R7E, portions of Sections 13, 14, Responsible Official the extensive scoping efforts already 23, 24, 26, 27, 32, 33, and 34; and T22N, James M. Pen˜ a, Forest Supervisor, conducted, no scoping meeting is R8E, portions of Sections 10, 11, 13, 14, P.O. Box 11500, 159 Lawrence Street, planned. 15, 17, 18, 19, 24, 25, 26,27, 28, 29, 33, Quincy, CA 95971, is the Responsible The scoping process will include 34, 35, and 36, Mount Diablo Base and Official. Meridian. identification of potential issues, in Nature of Decision To Be Made depth analysis of significant issues, Purpose and Need for Action The Forest Service must decide development of alternatives to the Resource specialists examined the whether it will implement this proposal, proposed action, and determination of project area to determine the existing an alternative design that moves the potential environmental effects of the condition and to identify opportunities area towards the desired condition, or proposal and alternatives. While public and specific management practices that not to implement any project at this participation in this analysis is welcome could be implemented to accomplish time. at any time, comments received within management direction and goals 30 days of the publication of this notice described in the Plumas National Forest Scoping Process will be especially useful in the Land and Resource Management Plan, In October of 2002, the Watdog DFPZ preparation of the draft environmental August 1988, as amended by the August Project was included in the Plumas impact statement. The public is 1999 Record of Decision for the National Forest’s Schedule of Proposed encouraged to take part in the planning HFQLGFRA, as well as the recent Sierra Action, which was posted on the process and to visit with Forest Service Nevada Framework Forest Plan Plumas National Forest’s internet officials at any time during the analysis Amendment of January 2004, which website and mailed to interested parties. and prior to the decision. amended the Sierra Nevada Framework The proposal was to construct Addresses Forest Plan Amendment of January approximately 25 miles of DFPZs. A 2001. Within the project area, treatment public field trip to units in proposed Comments may be: (1) Mailed to the is needed to reduce the potential size of DFPZs was held on October 30, 2002. In Responsible Official; (2) hand delivered wildfires, provide fire suppression March of 2003, a scoping letter for the between the hours of 8 a.m.–4:30 p.m. personnel safe locations for taking Watdog DFPZ Project was mailed to weekdays Pacific Time; (3) faxed to action against wildfires, achieve an all- interested and affected tribes, (530) 283–7746; or (4) electronically aged, multi-story, fire-resilient forest, individuals, organizations, and Federal, mailed to: comments-pacificsouthwest- and provide an adequate timber supply State, and local agencies with [email protected]. Comments submitted that contributes to the economic health responsibilities for local resource electronically must be in Rich Text of rural communities. The purpose of management. A Legal Notice Format (.rtf).
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Comment Requested To assist the Forest Service in USFS, P.O. Box 1190, Weaverville, CA This notice of intent initiates the identifying and considering issues and 96093. For further information, mail scoping process which guides the concerns on the proposed action, correspondence to Sam Frink, Planning development of the environmental comments on the draft environmental Team Leader, c/o USFS, PO Box 1190, impact statement. Comments submitted impact statement should be as specific Weaverville, CA 96093. during the December 2004 scoping as possible. It is also helpful if FOR FURTHER INFORMATION CONTACT: Bill period will be used in the comments refer to specific pages or Branham, Planning Officer, phone 530– environmental analysis process. Those chapters of the draft statement. 623–1750. who submitted comments at that time Comments may also address the SUPPLEMENTARY INFORMATION: do not need to comment again, unless adequacy of the draft environmental Purpose and Need for Action they have new comments they would impact statement or the merits of the like to provide. The public is alternatives formulated and discussed in Thinning will reduce overcrowded encouraged to take part in the process the statement. Reviewers may wish to conditions in forest areas where too and is encouraged to visit with Forest refer to the Council on Environmental many trees currently exist. Reducing Service officials at any time during the Quality Regulations for implementing density will improve the health of these analysis and prior to the decision. The the procedural provisions of the forest areas by making more water, Forest Service will be seeking National Environmental Policy Act at 40 nutrients and sunlight available for use information, comments, and assistance CFR 1503.3 in addressing these points. by the remaining trees (conifers and from Federal, State, and local agencies Comments received, including the hardwoods). This will improve the and other individuals or organizations names and addresses of those who health of the forest and improve tree that may be interested in, or affected by, comment, will be considered part of the resistence to insects, pathogens and the proposed vegetation management public record on this proposal and will drought. Too many small trees in the activities. be available for public inspection. understory can act as a fuel ladder and Authority: 40 CFR 1501.7 and 1508.22; carry fire into the canopy layer of the Early Notice of Importance of Public Forest Service Handbook 1909.15, Section 21 forest resulting in the death of a large Participation in Subsequent number of trees. Small trees act as a fuel Environmental Review Dated: February 3, 2005. Terri Simon-Jackson, ladder because their crowns are closer to the ground and allow flames to move A draft environmental impact Acting Forest Supervisor. statement will be prepared for comment. into the canopy. Removing small trees [FR Doc. 05–2607 Filed 2–9–05; 8:45 am] The comment period on the draft raises the crown base height and environmental impact statement will be BILLING CODE 3410–11–M reduces the likelihood of flames forty-five days from the date the reaching the canopy layer. The removal of groups of trees and re- Environmental Protection Agency DEPARTMENT OF AGRICULTURE publishes the notice of availability in planting with tree seedlings is being the Federal Register. Forest Service proposed to increase the amount of The Forest Service believes, at this younger forests to improve the diversity early stage, it is important to give Shasta-Trinity National Forest; of age classes. The harvest and sale of reviewers notice of several court rulings California; Browns Project wood products will provide wood related to public participation in the products to society and offset the cost of environmental review process. First, AGENCY: Forest Service, USDA. treatment. reviewers of draft environmental impact ACTION: Notice of intent to prepare an Proposed Action statements must structure their environmental impact statement (EIS). participation in the environmental The project will include the following SUMMARY: The Browns Project is being review of the proposal so that it is treatments: proposed by the Shasta-Trinity National meaningful and alerts an agency to the —Timber harvest treatments will Forest to improve fuel condition reviewer’s position and contentions. include thinning harvest on about 760 through commercial timber harvest and Vermont Yankee Nuclear Power corp. v. acres, group selection harvest (2 acre closing of some unneeded roads. The NRDC, 435 U.S. 519, 553 (1978). Also, groups of trees) and re-planting with purpose for the project is to decrease environmental objections that could be tree seedlings on about 40 acres. The fire hazards in an area adjacent to the raised at the draft environmental impact volume of timber harvested will community of Weaverville. The project statement stage but that are not raised amount to about 9.0 million board area located within T34N, R10W, until after completion of the final feet. Within the thinning harvest areas sections 27, 34, and 36; T33N, R10W, environmental impact statement may be we intend to remove the poorer section 1; T34N R9W, sections 16, 20– waived or dismissed by the courts. City growing, smaller trees. The healthiest, 22, and 27–34; T33N, R9W, section 6, of Angoon v. Hodel, 803 F.2d 1016, better growing, generally larger trees M.D.M. approximately 2 miles north of 1022 (9th Cir. 1986) and Wisconsin will be retained. Thinning areas will the community of Weaverville, Heritages, Inc. v. Harris, 490 F. Supp. have a crown closure of about 40% California 1334, 1338 (E.D. Wis. 1980). Because of after the harvest is completed, except these court rulings, it is very important DATES: Comments concerning the scope within riparian reserve areas, where that those interested in this proposed of the analysis must be received no later crown closure will be about 60%. action participate by the close of the than 30 days after the publication of this After the harvest treatments, forty-five day comment period so that notice in the Federal Register The draft accumulations of excess down wood substantive comments and objections environmental impact statement is and slash will be either underburned are made available to the Forest Service expected in April, 2005, and the final or piled and burned. at a time when it can meaningfully environmental impact statement is —The project includes about 5 miles of consider them and respond to them in expected in July, 2005. road construction and about 3 miles the final environmental impact ADDRESSES: Send written comments to of road reconstruction. About 4 miles statement. Sam Frink, Planning Team Leader, c/o of temporary roads constructed to
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access the harvest areas will period on the draft environmental Dated: February 3, 2005. subsequently be closed. impact statement will be 45 days from J. Sharon Heywood, Implementation of the proposed the date the Environmental Protection Forest Supervisor, Shasta-Trinity National project is planned during the calendar Agency publishes the notice of Forest. years 2005–1010, and may involve availability in the Federal Register. The [FR Doc. 05–2606 Filed 2–9–05; 8:45 am] multiple timber sale and service Forest Service believes, at this early BILLING CODE 3410–11–M contracts. No permits or special stage, it is important to give reviewers authorizations will be required. notice of several court rulings related to DEPARTMENT OF AGRICULTURE Lead and Cooperating Agencies public participation in the environmental review process. First, Forest Service Lead Agency: USDA Forest Service. reviewers of draft environmental impact Responsible Official statements must structure their Request for Proposals for Woody J. Sharon Heywood, Forest participation in the environmental Biomass Utilization Grant—Hazardous Supervisor, Shasta-Trinity National review of the proposal so that it is Fuel Reduction on National Forest System Lands Forest, 3644 Avtech Parkway, Redding, meaningful and alerts an agency to the California 96002. reviewer’s position and contentions. AGENCY: Forest Service, USDA. Vermont Yankee Nuclear Power Corp v. ACTION: Request for proposals. Nature of Decision To Be Made NRDC, 435 U.S. 519, 553 (1978). Also, The Forest Supervisor will decide environmental objections that could be SUMMARY: As part of implementing the whether to implement the proposed raised at the draft environmental impact Administration’s Healthy Forest action, take an alternative action that statement stage but that are not raised Restoration Initiative, the USDA Forest meets the purpose and need, or take no until after completion of the final Service, Forest Products Laboratory, action. environmental impact statement may be requests proposals for forest products projects that increase the use of woody Scoping waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d 1016, biomass from national forest lands. The Information on the proposed action 1022 (9th Cir. 1986) and Wisconsin woody biomass utilization grant will be noticed in the Record Heritages, Inc. v. Harris, 490 F. Supp. program is intended to help improve Searchlight and the Trinity Journal. The 1334, 1338 (E.D. Wis. 1980). Because of utilization of, and create markets for, proposed action will be listed in the small-diameter material and low-valued these court rulings, it is very important Shasta-Trinity National Forest’s trees removed from hazardous fuel that those interested in this proposed quarterly schedule of proposed actions reduction activities. These funds are (SOPA). This notice of intent initiates action participate by the close of the 45 targeted to help communities, the scoping process, which guides the day comment period so that substantive entrepreneurs, and others turn residues development of the environmental comments and objections are made from hazardous fuel reduction projects impact statement. Comments submitted available to the Forest Service at a time into marketable forest products and/or during this scoping process should be in when it can meaningfully consider them energy products. writing and specific to the proposed and respond to them in the final DATES: Pre-application Deadline: Close action. Comments should clearly environmental impact statement. of business March 15, 2005. describe any issues you have with the To assist the Forest Service in Full application Deadline: Close of proposed action. Issues are points of identifying and considering issues and business May 16, 2005. debate, dispute, concern, or concerns on the proposed action, ADDRESSES: All pre- and full application disagreement about the environmental comments on the draft environmental packages must be sent to the following effects of the proposal. Issues identified impact statement should be as specific address: ATTN: Shawn Lacina, Grants as significant to the proposed action as possible. It is also helpful if and Agreements Specialist, Forest will be used in the environmental comments refer to specific pages or Products Laboratory, 507 Highland analysis. chapters of the draft statement. Ave., Madison, WI 53705–2398. More The scoping process includes: detailed information regarding what to (a) Identifying potential issues. Comments may also address the adequacy of the draft environmental include in the pre- and full application (b) Identifying issues to be analyzed and definitions of terms are available in depth. impact statement or the merits of the alternatives formulated and discussed in electronically at http:// (c) Eliminating non-significant issues www.fpl.fs.fed.us/tmu (under biomass the statement. Reviewers may wish to or those previously covered by a grants). Paper copies of the information refer to the Council on Environmental relevant previous environmental also are available by contacting the analysis. Quality Regulations for implementing USDA Forest Service, Forest Products (d) Exploring additional alternatives. the procedural provisions of the Laboratory. (e) Identifying potential National Environmental Policy Act at 40 environmental effects of the proposed CFR 1503.3 in addressing these points. FOR FURTHER INFORMATION CONTACT: For action and alternatives. general questions, please contact Shawn Comments received, including the Lacina, Grants and Agreements Preliminary Issues and Alternatives names and addresses of those who Specialist, via electronic mail at Issues will be identified as a result of comment, will be considered part of the [email protected], or via telephone at scoping. One alternative has been public record on this proposal and will 608–231–9282. For technical questions, identified that builds fewer roads. be available for public inspection. please contact Susan LeVan-Green, Early Notice of Importance of public (Authority: 40 CFR 1501.7 and 1508.22; Program Manager, via electronic mail at Participation in Subsequent Forest Service Handbook 1909.15, Section [email protected], or via telephone at Environmental Review: A draft 21) 608–231–9504. environmental impact statement will be SUPPLEMENTARY INFORMATION: As prepared for comment. The comment authorized by Public Law 108–148, the
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Healthy Forest Restoration Act of 2003, Written, quarterly financial and semi- • Likelihood of meeting project the agency is looking for creative annual performance reports will be objectives. solutions to address the nationwide required. • Reasonableness of time schedule. challenge in dealing with low-valued 4. Application Review Process. A two- • Identified deliverables/tasks. material removed from hazardous fuel step technical evaluation process will be • Timeliness—timeframe of the reduction efforts. The woody biomass used for applications submitted under project. utilization grant program has a pre- this solicitation. The first step requires • Evaluation and monitoring. application submission process, and the applicant to submit a preliminary c. Financial feasibility—Weight 25%. • upon notification, selected pre- application (pre-application). Pre- Realistic budget and timeframe. • Thorough financial documentation. applicants will be asked to submit a applications will be evaluated on the • full-application. Goals of the grant criteria discussed in section 5. Level of match d. Qualifications and experience of program are the following: A review panel, consisting of applicant—Weight 10%. • Help reduce management costs by technical experts from Federal agencies, • Experience, capabilities (technical increasing value of biomass and other will judge the pre-applications. Panel forest products generated by hazardous and managerial). members will independently review the • Demonstrated capacity. fuel treatments. pre-applications according to the • Create incentives and/or reduce If there are no technical or financial criteria and weighting factors. A total of problems for the project, full points will business risk for increased use of 100 points is possible. As a result of this biomass from National Forest lands be given. If there are minor deficiencies, preliminary review, successful which could limit success, midway (must include National Forest System applications will be invited to submit a lands; however, may also include other points will be given. If there are major full-application package or be removed deficiencies, which could render project lands such as, Bureau of Land from further consideration for funding Management, Tribal, State, local, and unsuccessful, minimum points will be under this solicitation. In either case, a given. private). letter of notification will be provided to • Institute projects that target and 6. Pre-Application Information each applicant. a. Pre-Application Submission. Pre- help remove economic and market The second step requires the barriers to using small-diameter trees applications are required. Specific applicant to submit a full-application content and submission requirements and woody biomass. package, which will be evaluated based • Require a Forest Service letter of for the pre-application are as follows: on the same criteria as the preliminary Each submittal must be composed of support for the hazardous fuels projects application; namely, the criteria and on National Forest System lands. three (3) single-sided paper copies of the point system listed on the Forest pre-application plus one (1) electronic Woody Biomass Grants Program Products Laboratory’s Web site at copy on a CD or 3.5-inch diskette in 1. Eligibility Information. a. Eligible http://www.fpl.fs.fed.us/tmu (under Microsoft Word for PCs or pdf format. Applicants. Eligible applicants are State, biomass grants). Paper copies of the pre-application must local, and Tribal governments, school The full-application package will be be on 8.5- by 11-inch plain white paper districts, communities, non-profit evaluated using a two-tiered review with a minimum font size of 11 letters organizations, businesses, companies, system. The first tier involves technical per inch. Top, bottom, and side margins corporations, or special purpose reviews; the second tier involves must be no less than three-quarters (3⁄4) districts, i.e., public utilities districts, financial review. Recommendations of an inch. All pages must be clearly fire districts, conservation districts, or from the two-tier review will be numbered. The paper copies of the ports. discussed, ranked, and application package should be stapled b. Cost Sharing (Matching recommendations made to the Executive with a single staple at the upper left- Requirement). Applicants must Steering Committee, consisting of hand corner. No other bindings will be demonstrate a 20% match from non- Federal officials, for final selection. accepted. Federal sources, which can include cash 5. Evaluation Criteria and Point b. Pre-Application Content. Assemble or in-kind contributions. System information in the following order: 2. Duns Number. All applicants must a. Impact on National Forest System Cover page, project summary, project include a Dun and Bradstreet (D&B), hazardous fuel reduction projects— narrative, statement of need, project Data Universal Numbering System Weight 40%. coordinator(s) and partner(s), goals and (DUNS) number in their full • Condition Class, with higher objectives, technical approach work application. For the purpose of this condition classes receiving more points plan, impact on National Forest System requirement, the applicant is the entity than the lower condition classes. lands on hazardous fuels treatments, that meets the eligibility criteria and has • Direct, tangible benefits with and evaluation and monitoring, budget the legal authority to apply for an without the grant (increased acres justification, budget requirements, and award. For assistance in obtaining a treated for hazardous fuel treatments, appendices. The project narrative DUNS number at no cost, call the DUNS increased value of raw material removed should provide a clear description of the number request line (1–866–705–5711) from hazardous fuel treatments, cost per work to be undertaken and how it will or register on-line at https:// acre). be accomplished. It should address the eupdate.dnb.com/requestoptions/ • Indirect, intangible benefit (such as technical merit review criteria listed in government/ccrreg/. air quality benefits, water quality section 5. 3. Award Information. Up to $4.4 benefits, socio-economic, wildlife The discussion of the impact on million is available for granting under habitat, and watershed improvements). National Forest System lands is a this program. Individual grants or b. Technical Approach Work Plan— critical component because these awards will not be less than $50,000 or Weight 25%. proposals are aimed at helping the more than $250,000. Successful • Technical feasibility of the Forest Service increase the number of applicants will be announced by June 1, proposed work. acres treated under hazardous fuel 2005. The maximum length of the award • Adequacy and completeness of the treatments (as defined under the is 3 years from the date of award. proposed tasks. Healthy Forest Restoration Act, Pub. L.
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108–148). Specifically, applicants a. Full Application Submission. districts are required to submit the should address how and by how much Specific content and submission following: scope of work, project work the project would decrease Forest requirements for the full application are plan, and cost/benefit analysis Service hazardous fuel removal costs as follows: Each submittal must be (examples can be found at http:// and/or increase the price one might composed of three (3) single-sided paper www.fpl.fs.fed/tmu (under biomass offer for the biomass. Specifically, copies of the full application plus one grants). proposals should address the following: (1) electronic copy on a CD or 3.5-inch c. Full Application Delivery. Full • Condition class description. diskette in Microsoft Word for PCs or applications must be received at the • What is currently being done with pdf format. Paper copies of the full Forest Products Laboratory no later than hazardous fuel removals. application must be on 8.5- by 11-inch • 5 p.m., Central Standard time on May What would be done with removals plain white paper with a minimum font 16, 2005; no exceptions will be allowed. if grant is awarded. size of 11 letters per inch. Top, bottom, • All applicants must use certified or Anticipated outcomes and measures and side margins must be no less than express mail service that allows tracking of success. three-quarters (3⁄4) of an inch. All pages and documentation (e.g., Federal • Documentation of tangible benefits must be clearly numbered. The paper Express, U.S. Postal Service, United of project as a result of the award. copies of the application package Parcel Service, or other) to submit their Documentation on intangible benefits. should be stapled with a single staple at applications. Hand-delivered, e-mail, or Examples of the information requested the upper left-hand corner. Other fax applications will not be accepted. are listed on the Forest Products bindings will not be accepted. Please send full applications to the Laboratory’s Web site at http:// Page limitations refer to all files and address provided in the ADDRESSES www.fpl.fs.fed.us/tmu (under biomass associated documents, including section of this notice. grants). attachments, graphics, footnotes, 8. Appendices. The following • Long-Term Benefits of Project: endnotes, bibliography, and any other information must be included in the Applicant should address the length of pertinent documents, when printed in appendix of the pre-application and the time that benefits and impacts are their entirety (single sided), unless full-application package: anticipated, whether or not the project otherwise indicated in this solicitation. will have long-term consequences The project narrative should provide a. Letter of support and biomass (equipment improvements for long-term a clear description of the work to be availability from local USDA Forest capacity to handle woody biomass), or undertaken and how it will be Service District Ranger or Forest just a one-time benefit, such as a accomplished. It should address the Supervisor: This letter must describe the subsidy, where benefits end when technical merit review criteria listed in status of NEPA, acres, timeframes, subsidy ends. section 5. available volumes, and opportunities for • Expansion capability: Does the b. Full Application Content. Assemble applicant to access these volumes. project have the potential to expand the information in the following order: b. Letters of Support from Partners, application to more forest treatment cover page, project summary, project Individuals, or Organizations: Letters of areas or to use more of the wood from narrative, statement of need, project support should be included in an treatments for higher valued uses? coordinator(s) and partner(s), goals and appendix and are intended to display A full description of each content objectives, technical approach work the degree of collaboration occurring item can be obtained on the Forest plan, impact on National Forest System between the different entities engaged in Product Laboratory’s Web site at lands on hazardous fuels treatments, the project. These letters must include http://www.fpl.fs.fed.us/tmu (under environmental documentation, project commitments of cash or in-kind services biomass grants), or by calling the work plan and timeline, social impacts, from all partners and must support the telephone number in the FOR FURTHER evaluation and monitoring, equipment amounts listed in the budget. Each letter INFORMATION CONTACT section, or by description, budget justification, budget of support should be limited to one (1) writing to the address in the ADDRESSES requirements, financial feasibility, and page in length. section of this notice. appendices. c. Key Personnel Qualifications: c. Pre-Application Delivery. Pre- Detailed financial information is Qualifications of the project manager applications must be received at Forest requested to assess the potential and the should be included in an appendix. Products Laboratory no later than 5 p.m. capability of the applicant. This Qualifications are limited to two (2) Central Standard time on March 15, information will remain confidential. pages in length and should contain the 2005; no exceptions will be allowed. All Business consultants and small business following: resume, biographical sketch, applicants must use certified or express development centers can help references, and demonstrated ability to mail service that allows tracking and applicants compile this information. manage the grant. documentation (e.g., Federal Express, Small business development centers are Dated: February 3, 2005. U.S. Postal Service, United Parcel one source of assistance; their Web site Service, or other) to submit their is http://www.sba.gov/sbdc. For-profit Bov B. Eav, applications. Hand-delivered, e-mail, or applicants are required to submit a Associate Deputy Chief for Reserach & fax applications will not be accepted. business plan consisting of the Development. Please send pre-applications to the following elements: Management Plan, [FR Doc. 05–2562 Filed 2–9–05; 8:45 am] address listed in the ADDRESSES section Marketing Plan, Proforma Statement, BILLING CODE 3410–11–P of this notice. Project Break-Even Analysis, and a 7. Full Application Information. Sources and Uses Table. Non-profit USDA Forest Service will request full applicants are required to submit a DEPARTMENT OF AGRICULTURE applications only from those applicants strategic plan consisting of the following Forest Service selected in the pre-application process. elements: Scope of Work, Capability Only full applications that have been Statement, Implementation plan, Project Madera County Resource Advisory requested by USDA Forest Service will Break-Even Analysis, and a Sources and Committee be considered for funding under this Uses Table. Local, State, and tribal solicitation. governments and special purpose AGENCY: Forest Service, USDA.
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ACTION: Notice of Resource Advisory ADDRESSES: The HC meeting will be SUMMARY: Notice is hereby given that Committee meeting. held at the Hotel Vintage Plaza, Thomas F. Savoy, CT Department of Burgundy Room, 422 SW Broadway, Environmental Protection, Marine SUMMARY: Pursuant to the authorities in Portland, OR 97205. Telephone: 800– Fisheries Division, P.O. Box 719, Old the Federal Advisory Committee Act of 263–2305. Lyme, Connecticut, 06371, has applied 1972 (Pub. L. 92–463) and under the Council address: Pacific Fishery in due form for a permit to take Secure Rural Schools and Community Management Council, 7700 NE shortnose sturgeon (Acipenser Self-Determination Act of 2000 (Pub. L. Ambassador Place, Suite 200, Portland, brevirostrum) for purposes of scientific 106–393) the Sierra National Forest’s Oregon 97220–1384. research. Resource Advisory Committee for DATES: Madera County will meet on Monday, FOR FURTHER INFORMATION CONTACT: Ms. Written, telefaxed, or e-mail February 14, 2005. The Madera Jennifer Gilden, Associate Staff Officer; comments must be received on or before Resource Advisory Committee will meet telephone: 503–820–2280. March 14, 2005. at the Bass Lake Ranger District Office, SUPPLEMENTARY INFORMATION: The ADDRESSES: The application and related North Fork, CA, 93643. The purpose of purpose of the HC meeting is to review documents are available for review the meeting is: review the goals for FY habitat-related issues on the agenda of upon written request or by appointment 2005 RAC proposals and presentation of the March 2005 Council meeting in in the following office(s): potential stewardship projects on the Sacramento, California. Several of these Permits, Conservation and Education Sierra National Forest. agenda items relate to marine reserves. Division, Office of Protected Resources, DATES: The Madera Resource Advisory The HC will also discuss fish habitat NMFS, 1315 East-West Highway, Room Committee meeting will be held issues associated with the Klamath 13705, Silver Spring, MD 20910; phone Monday, February 14, 2005. The River, and essential fish habitat issues (301)713–2289; fax (301)427–2521; and meeting will be held from 7 p.m. to 9 associated with oyster culture. Northeast Region, NMFS, One p.m. No management actions will be Blackburn Drive, Gloucester, MA 01930–2298; phone (978)281–9328; fax ADDRESSES: The Madera County RAC decided by the HC. Although (978)281–9394. meeting will be held at the Bass Lake nonemergency issues not contained in the meeting agendas may come before Written comments or requests for a Ranger District Office, 57003 Road 225, public hearing on this application North Fork, CA 93643. the HC for discussion, those issues may not be the subject of formal action should be mailed to the Chief, Permits, FOR FURTHER INFORMATION CONTACT: Conservation and Education Division, Dave Martin, U.S.D.A., Sierra National during these meetings. Action will be restricted to those issues specifically F/PR1, Office of Protected Resources, Forest, Bass Lake Ranger District, 57003 NMFS, 1315 East-West Highway, Room Road 225, North Fork, CA 93643, (559) listed in this notice and any issues arising after publication of this notice 13705, Silver Spring, MD 20910. Those 877–2218 ext. 3100; e-mail: individuals requesting a hearing should [email protected]. that require emergency action under section 305(c) of the Magnuson-Stevens set forth the specific reasons why a SUPPLEMENTARY INFORMATION: Agenda Fishery Conservation and Management hearing on this particular request would items to be covered include: (1) Review Act, provided the public has been be appropriate. of goals for FY 2005 RAC proposals; (2) notified of the intent to take final action Comments may also be submitted by presentation of potential stewardship to address the emergency. facsimile at (301)427–2521, provided projects on the forest. the facsimile is confirmed by hard copy Special Accommodations Dated: February 4, 2005. submitted by mail and postmarked no later than the closing date of the David W. Martin, This meeting is physically accessible to people with disabilities. Requests for comment period. District Ranger, Bass Lake Ranger District. Comments may also be submitted by [FR Doc. 05–2566 Filed 2–9–05; 8:45 am] sign language interpretation or other auxiliary aids should be directed to Ms. e-mail. The mailbox address for BILLING CODE 3410–11–M Carolyn Porter at 503–820–2280 at least providing email comments is five days prior to the meeting date. [email protected]. Include in the subject line of the e-mail DEPARTMENT OF COMMERCE Dated: February 7, 2005. comment the following document Alan D. Risenhoover, identifier: File No. 1516. National Oceanic and Atmospheric Acting Director, Office of Sustainable FOR FURTHER INFORMATION CONTACT: Administration Fisheries, National Marine Fisheries Service. Jennifer Jefferies or Jennifer Skidmore, [I.D. 020705B] [FR Doc. E5–573 Filed 2–10–05; 8:45 am] (301)713–2289. BILLING CODE 3510–10–S SUPPLEMENTARY INFORMATION: The Pacific Fishery Management Council; subject permit is requested under the Public Meeting DEPARTMENT OF COMMERCE authority of the Endangered Species Act AGENCY: National Marine Fisheries of 1973, as amended (ESA; 16 U.S.C. Service (NMFS), National Oceanic and National Oceanic and Atmospheric 1531 et seq.) and the regulations Atmospheric Administration (NOAA), Administration governing the taking, importing, and Commerce. exporting of endangered and threatened [I.D.012805A] ACTION: Notice of public meeting. species (50 CFR 222–226). Mr. Savoy is seeking a permit to SUMMARY: The Pacific Fishery Endangered Species; File No. 1516 enable the Connecticut Department of Management Council’s (Council) Habitat AGENCY: National Marine Fisheries Environmental Protection to conduct Committee (HC) will hold a working Service (NMFS), National Oceanic and scientific research on shortnose meeting which is open to the public. Atmospheric Administration (NOAA), sturgeon in the three major rivers in the DATES: The HC meeting will be held Commerce. state. Annually, 450 fish would be Thursday, March 3, 2005, from 10 a.m. captured via gill net, trammel net, and ACTION: Receipt of application. until approximately 5 p.m. trawl; measured; PIT tagged; and
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released in the Connecticut River NMFS, 1315 East-West Highway, Room measuring nitrogen loading and off between river kilometers 0 and 140. A 13705, Silver Spring, MD 20910. Those loading during exercise trials of the two subset of 100 would also be gastric individuals requesting a hearing should dolphins in captivity at Long Marine lavaged, a subset of 50 would also have set forth the specific reasons why a Lab. An amended permit for both a pectoral fin ray removed, and a subset hearing on this particular amendment projects is requested for three years. of 25 would also have a sonic/radio tag request would be appropriate. In compliance with the National attached. Annually, 300 eggs and larvae Comments may also be submitted by Environmental Policy Act of 1969 (42 would be collected by D-net. facsimile at (301)427–2521, provided U.S.C. 4321 et seq.), an initial Additionally, 50 fish annually would be the facsimile is confirmed by hard copy determination has been made that the captured via gill net, trammel net, and submitted by mail and postmarked no activity proposed is categorically trawl; measured, PIT tagged; and later than the closing date of the excluded from the requirement to released in either the Thames or comment period. prepare an environmental assessment or Housatonic Rivers. Mr. Savoy is seeking Comments may also be submitted by environmental impact statement. authorization for these activities for five e-mail. The mailbox address for Concurrent with the publication of years from the date of permit issuance. providing email comments is this notice in the Federal Register, Dated: February 4, 2005. [email protected]. Include NMFS is forwarding copies of this in the subject line of the e-mail application to the Marine Mammal Stephen L. Leathery, comment the following document Commission and its Committee of Chief, Permits, Conservation and Education identifier: File No. 984–1587–04. Scientific Advisors. Division, Office of Protected Resources, National Marine Fisheries Service. FOR FURTHER INFORMATION CONTACT: Dated: February 4, 2005. [FR Doc. 05–2628 Filed 2–9–05; 8:45 am] Jennifer Skidmore or Amy Sloan, Stephen L. Leathery, (301)713–2289. BILLING CODE 3510–22–S Chief, Permits, Conservation and Education SUPPLEMENTARY INFORMATION: An Division, Office of Protected Resources, addendum to the amendment to Permit National Marine Fisheries Service. DEPARTMENT OF COMMERCE No. 984–1587–03, published on [FR Doc. 05–2626 Filed 2–9–05; 8:45 am] December 28, 2004 (69 FR 77732), is BILLING CODE 3510–22–S National Oceanic and Atmospheric requested under the authority of the Administration Marine Mammal Protection Act of 1972, [I.D. 020305A] as amended (16 U.S.C. 1361 et seq.), and DEPARTMENT OF COMMERCE the Regulations Governing the Taking Marine Mammals; File No. 984–1587 and Importing of Marine Mammals (50 National Oceanic and Atmospheric CFR part 216). Administration AGENCY: National Marine Fisheries Permit No. 984–1587–03 authorizes [I.D. 012805B] Service (NMFS), National Oceanic and the permit holder to examine the Atmospheric Administration (NOAA), physiological responses of two adult Marine Mammals; Photography Permit Commerce. male dolphins (Tursiops truncatus) and Application No. 1074–1779 ACTION: Addendum to amendment five adult female California sea lions request. (Zalophus californianus) during AGENCY: National Marine Fisheries swimming and diving. Testing involves Service (NMFS), National Oceanic and SUMMARY: Notice is hereby given that Dr. measuring locomotor, thermal, and Atmospheric Administration (NOAA), Terrie Williams, Long Marine Lab, maintenance costs using voluntary Commerce. Institute of Marine Sciences, University behaviors through training at Long ACTION: Receipt of application. of California at Santa Cruz, 100 Shaffer Marine Laboratory. Research activities SUMMARY: Road, Santa Cruz, CA 95060, has have been completed for the three adult Notice is hereby given that requested an addendum to an California sea lions authorized under the Cornell Laboratory of Ornithology amendment request to scientific previous versions of this permit. (Marc Dantzker, Principal Investigator), research Permit No. 984–1587–03. The original amendment request was Macaulay Library, 159 Sapsucker DATES: Written or telefaxed comments to supplement the current research Woods Road, Ithaca, New York, 14850, must be received on or before March 14, program on otariid reproductive has applied in due form for a permit to 2005. energetics with two juvenile California conduct commercial/educational ADDRESSES: The amendment request sea lions born at Long Marine photography of several species of non- and related documents are available for Laboratory. The addendum requests the listed marine mammals. review upon written request or by addition of research activities on 30 DATES: Written, telefaxed, or e-mail appointment in the following office(s): male and 30 female juvenile California comments must be received on or before Permits, Conservation and Education sea lions undergoing rehabilitation at March 14, 2005. Division, Office of Protected Resources, The Marine Mammal Center. ADDRESSES: The application and related NMFS, 1315 East-West Highway, Room Measurements of morphology, blood documents are available for review 13705, Silver Spring, MD 20910; phone panels, and blood volume will be upon written request or by appointment (301)713–2289; fax (301)427–2521; and compared between the animals at Long (See SUPPLEMENTARY INFORMATION). Southwest Region, NMFS, 501 West Marine Lab and the animals at The Written comments or requests for a Ocean Blvd., Suite 4200, Long Beach, Marine Mammal Center to investigate public hearing on this application CA 90802–4213; phone (562)980–4001; growth trends. should be mailed to the Chief, Permits, fax (562)980–4018. The applicant is also requesting an Conservation and Education Division, Written comments or requests for a amendment to investigate the formation F/PR1, Office of Protected Resources, public hearing on this request should be of acoustically driven bubbles in critical NMFS, 1315 East-West Highway, Room submitted to the Chief, Permits, tissues in bottlenose dolphins in 13705, Silver Spring, MD 20910. Those Conservation and Education Division, relation to recent mass stranding events. individuals requesting a hearing should F/PR1, Office of Protected Resources, This research will be accomplished by set forth the specific reasons why a
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hearing on this particular request would determination has been made that the Title: Patent Customer Transactional be appropriate. activity proposed is categorically Survey. Comments may also be submitted by excluded from the requirement to Form Number(s): None. The Patent facsimile at (301)427–2521, provided prepare an environmental assessment or Customer Transactional Survey does not the facsimile is confirmed by hard copy environmental impact statement. have a USPTO form number assigned to submitted by mail and postmarked no Concurrent with the publication of it. When they survey is approved, it will later than the closing date of the this notice in the Federal Register, carry the OMB Control Number and the comment period. NMFS is forwarding copies of this date on which OMB’s approval of the Comments may also be submitted by application to the Marine Mammal information collection expires. e-mail. The mailbox address for Commission and its Committee of Agency Approval Number: 0651– providing email comments is Scientific Advisors. 00XX. [email protected]. Include Documents may be reviewed in the Type of Request: New collection. in the subject line of the e-mail following locations: Burden: 192 hours. comment the following document Permits, Conservation and Education Number of Respondents: 2,400 identifier: File No. 1074–1779. Division, Office of Protected Resources, responses. Avg. Hours Per Response: 5 minutes. FOR FURTHER INFORMATION CONTACT: NMFS, 1315 East-West Highway, Room Jennifer Jefferies or Ruth Johnson, 13705, Silver Spring, MD 20910; The USPTO estimates that it takes an (301)713–2289. phone(301) 713–2289; fax (301) 427– average of 5 minutes (0.08 hours) to complete the survey, whether it is SUPPLEMENTARY INFORMATION: The 2521; Northwest Region, NMFS, 7600 Sand mailed to the USPTO or completed subject permit is requested under the online. This includes the time to gather authority of § 104(c)(6) of the Marine Point Way NE, BIN C15700, Bldg. 1, Seattle, WA 98115–0700; phone (206) the necessary information, respond to Mammal Protection Act of 1972, as the survey, and submit it to the USPTO. amended (16 U.S.C. 1361 et seq.), and 526–6150; fax (206) 526–6426; Alaska Region, NMFS, P.O. Box Needs and Uses: The USPTO the Regulations Governing the Taking developed the Patent Customer and Importing of Marine Mammals (50 21668, Juneau, AK 99802–1668; phone(907) 586–7221; fax (907) 586– Transactional Survey to obtain CFR part 216). Section 104(c)(6) additional data concerning customer provides for photography for 7249; Southwest Region, NMFS, 501 West satisfaction in three key areas: the legal educational or commercial purposes positions of the examiners, the search involving non-endangered and non- Ocean Blvd., Suite 4200, Long Beach, CA 90802–4213; phone (562) 980–4001; functions of the various Automated threatened marine mammals in the Information Systems, and problem wild. NMFS is currently working on fax (562) 980–4018; Pacific Islands Region, NMFS, 1601 resolution at the USPTO. During proposed regulations to implement this Kapiolani Blvd., Rm 1110, Honolulu, HI previous surveys, the USPTO provision. However, in the meantime, 96814–4700; phone (808) 973–2935; fax determined that these areas are key NMFS has received and is processing (808) 973–2941; drivers of overall customer satisfaction. this request as a ‘‘pilot’’ application for Northeast Region, NMFS, One The USPTO developed this survey to Level B Harassment of non-listed Blackburn Drive, Gloucester, MA fulfill a key quality initiative in the marine mammals for educational 01930–2298; phone (978) 281–9328; fax USPTO’s 21st Century Strategic Plan purposes. (978) 281–9394; and, and to gather feedback from the The purpose of the proposed project Southeast Region, NMFS, 9721 applicant about their satisfaction with is to film several species of non-listed Executive Center Drive North, St. how the agency prosecuted their patent marine mammals for a multimedia Petersburg, FL 33702–2432; phone (727) application. The USPTO plans to use educational outreach package called Sea 570–5301; fax (727) 570–5320. this data in the development of efficient of Sound. The objective of this project and cost-effective customer satisfaction Dated: February 4, 2005. is to teach classrooms and homes improvement strategies and in reporting around the world about the richness and Stephen L. Leathery, the agency’s performance standards. importance of undersea sound. The Chief, Permits, Conservation and Education This voluntary survey is primarily a closeness of filming would be Division, Office of Protected Resources, mail survey, although respondents will National Marine Fisheries Service. considered Level B harrassment and be able to respond through the Internet therefore would require a permit under [FR Doc. 05–2627 Filed 2–9–05; 8:45 am] using a web-based version of this the MMPA. The photographers intend to BILLING CODE 3510–22–S survey. attempt to document marine mammal Affected Public: Individuals or movement and aggregation under households; business or other for-profit; DEPARTMENT OF COMMERCE varying conditions. Sea of Sound would and not-for-profit institutions. be produced using high definition (HD) Patent and Trademark Office Frequency: On occasion. video and surround sound. The HD Respondent’s Obligation: Voluntary. video system would be self contained Submission for OMB Review; OMB Desk Officer: David Rostker, and diver operated. The passive audio Comment Request (202) 395–3897. system would be deployed using a Copies of the above information hydrophone array on short cables or in The United States Patent and collection proposal can be obtained by a self contained unit that is diver Trademark Office (USPTO) has any of the following methods: operated. The action area would include submitted to the Office of Management • E-mail: [email protected]. National Marine Sanctuaries throughout and Budget (OMB) for clearance the Include ‘‘0651–00XX Patent Customer the United States. The Permit would following proposal for collection of Transactional Survey copy request’’ in expire five years after the date of information under the provisions of the the subject line of the message. issuance. Paperwork Reduction Act (44 U.S.C. • Fax: 571–273–0112, marked to the In compliance with the National Chapter 35). attention of Susan Brown. Environmental Policy Act of 1969 (42 Agency: United States Patent and • Mail: Susan K. Brown, Records U.S.C. 4321 et seq.), an initial Trademark Office (USPTO). Officer, Office of the Chief Information
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Officer, Office of Data Architecture and information; (5) Respondents and complete title of the information Services, Data Administration Division, frequency of collection; and (6) collection when making your request. U.S. Patent and Trademark Office, PO Reporting and/or Recordkeeping Comments regarding burden and/or Box 1450, Alexandria, VA 22313–1450. burden. OMB invites public comment. the collection activity requirements Written comments and The Department of Education is should be directed to Kathy Axt at her recommendations for the proposed especially interested in public comment e-mail address [email protected]. information collection should be sent on addressing the following issues: (1) Is Individuals who use a or before March 14, 2005 to David this collection necessary to the proper telecommunications device for the deaf Rostker, OMB Desk Officer, Room functions of the Department; (2) will (TDD) may call the Federal Information 10202, New Executive Office Building, this information be processed and used Relay Service (FIRS) at 1–800–877– 725 17th Street NW., Washington, DC in a timely manner; (3) is the estimate 8339. 20503. of burden accurate; (4) how might the [FR Doc. 05–2583 Filed 2–9–05; 8:45 am] Dated: February 3, 2005. Department enhance the quality, utility, BILLING CODE 4000–01–P Susan K. Brown, and clarity of the information to be collected; and (5) how might the Records Officer, USPTO, Office of Data Architecture and Services, Data Department minimize the burden of this DEPARTMENT OF EDUCATION Administration Division. collection on the respondents, including [FR Doc. 05–2572 Filed 2–9–05; 8:45 am] through the use of information Submission for OMB Review; technology. Comment Request BILLING CODE 3510–16–P Dated: February 7, 2005. AGENCY: Department of Education. Angela C. Arrington, SUMMARY: The Leader, Information DEPARTMENT OF EDUCATION Leader, Information Management Case Management Case Services Team, Services Team, Regulatory Information Regulatory Information Management Notice of Proposed Information Management Services, Office of the Chief Services, Office of the Chief Information Information Officer. Collection Requests Officer invites comments on the AGENCY: Department of Education. Office of Elementary and Secondary submission for OMB review as required SUMMARY: The Leader, Information Education by the Paperwork Reduction Act of 1995. Management Case Services Team, Type of Review: Revision. Regulatory Information Management Title: Applications for Assistance DATES: Interested persons are invited to Services, Office of the Chief Information (Sections 8002 and 8003) Impact Aid submit comments on or before March Officer, invites comments on the Program. 14, 2005. proposed information collection Frequency: Annually. ADDRESSES: Written comments should requests as required by the Paperwork Affected Public: State, Local, or Tribal be addressed to the Office of Reduction Act of 1995. Gov’t, SEAs or LEAs; Federal Information and Regulatory Affairs, DATES: Interested persons are invited to Government. Attention: Carolyn Lovett, Desk Officer, submit comments on or before April 11, Reporting and Recordkeeping Hour Department of Education, Office of 2005. Burden: Management and Budget, 725 17th SUPPLEMENTARY INFORMATION: Section Responses: 1,061,320. Street, NW., Room 10235, New 3506 of the Paperwork Reduction Act of Burden Hours: 531,211. Executive Office Building, Washington, 1995 (44 U.S.C. Chapter 35) requires Abstract: A local educational agency DC 20503 or faxed to (202) 395–6974. that the Office of Management and must submit an application to the SUPPLEMENTARY INFORMATION: Section Budget (OMB) provide interested Department to receive Impact Aid 3506 of the Paperwork Reduction Act of Federal agencies and the public an early payments under sections 8002 or 8003 1995 (44 U.S.C. Chapter 35) requires opportunity to comment on information of the Elementary and Secondary that the Office of Management and collection requests. OMB may amend or Education Act (ESEA), and a State Budget (OMB) provide interested waive the requirement for public requesting certification under section Federal agencies and the public an early consultation to the extent that public 8009 of the ESEA must submit data for opportunity to comment on information participation in the approval process the Secretary to determine whether the collection requests. OMB may amend or would defeat the purpose of the State has a qualified equalization plan waive the requirement for public information collection, violate State or and may take Impact Aid payments into consultation to the extent that public Federal law, or substantially interfere consideration in allocating State aid. participation in the approval process with any agency’s ability to perform its Requests for copies of the proposed would defeat the purpose of the statutory obligations. The Leader, information collection request may be information collection, violate State or Information Management Case Services accessed from http://edicsweb.ed.gov, Federal law, or substantially interfere Team, Regulatory Information by selecting the ‘‘Browse Pending with any agency’s ability to perform its Management Services, Office of the Collections’’ link and by clicking on statutory obligations. The Leader, Chief Information Officer, publishes that link number 2679. When you access the Information Management Case Services notice containing proposed information information collection, click on Team, Regulatory Information collection requests prior to submission ‘‘Download Attachments’’ to view. Management Services, Office of the of these requests to OMB. Each Written requests for information should Chief Information Officer, publishes that proposed information collection, be addressed to U.S. Department of notice containing proposed information grouped by office, contains the Education, 400 Maryland Avenue, SW., collection requests prior to submission following: (1) Type of review requested, Potomac Center, 9th Floor, Washington, of these requests to OMB. Each e.g. new, revision, extension, existing or DC 20202–4700. Requests may also be proposed information collection, reinstatement; (2) Title; (3) Summary of electronically mailed to the Internet grouped by office, contains the the collection; (4) Description of the address [email protected] or faxed to following: (1) Type of review requested, need for, and proposed use of, the 202–245–6621. Please specify the e.g. new, revision, extension, existing or
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reinstatement; (2) Title; (3) Summary of DEPARTMENT OF EDUCATION and selection criteria. To ensure that the collection; (4) Description of the your comments have maximum effect in need for, and proposed use of, the Tech-Prep Demonstration Program developing the notice of final requirements and selection criteria, we information; (5) Respondents and AGENCY: Office of Vocational and Adult urge you to identify clearly the specific frequency of collection; and (6) Education, Department of Education. Reporting and/or Recordkeeping proposed requirement or selection ACTION: Notice of proposed burden. OMB invites public comment. criterion that each comment addresses. requirements and proposed selection We invite you to assist us in Dated: February 7, 2005. criteria. complying with the specific Angela C. Arrington, requirements of Executive Order 12866 SUMMARY: The Assistant Secretary for and its overall requirement of reducing Leader, Information Management Case Vocational and Adult Education regulatory burden that might result from Services Team, Regulatory Information proposes requirements and selection Management Services, Office of the Chief these proposed requirements and criteria under the Tech-Prep Information Officer. selection criteria. Please let us know of Demonstration Program (TPDP), any further opportunities we should Institute of Education Sciences authorized by section 207 of the Carl D. take to reduce potential costs or increase Perkins Vocational and Technical Type of Review: Revision. potential benefits while preserving the Education Act of 1998 (Perkins III). The effective and efficient administration of Title: NAEP Inclusion/Exclusion Assistant Secretary may use these the program. Study and Inclusion/Exclusion Study in requirements and selection criteria for a During and after the comment period, Trial Urban Districts. competition in fiscal year (FY) 2005 and you may inspect all public comments later years. We take this action to clarify Frequency: One time. about these proposed requirements and the Department’s expectations regarding selection criteria in room 11028, 550 Affected Public: State, Local, or Tribal this program, so that TPDP-funded 12th Street, SW., Washington, DC, Gov’t, SEAs or LEAs; Not-for-profit projects will help students, schools, and between the hours of 8:30 a.m. and 4 institutions. teachers in their efforts to improve p.m., Eastern time, Monday through Reporting and Recordkeeping Hour student achievement, meet high Friday of each week except Federal Burden: standards for high school graduation, holidays. and increase enrollment and persistence Responses: 384. rates in postsecondary education. Assistance to Individuals With Disabilities in Reviewing the Burden Hours: 160. DATES: We must receive your comments Rulemaking Record Abstract: The purpose of the two on or before March 14, 2005. studies is to investigate the processes by ADDRESSES: Address all comments about On request, we will supply an which school personnel decide to these proposed requirements and appropriate aid, such as a reader or include or exclude students from the selection criteria to Laura Karl print magnifier, to an individual with a National Assessment of Educational Messenger and Gwen Washington, U.S. disability who needs assistance to Progress (NAEP). Department of Education, OVAE, 400 review the comments or other Maryland Avenue, SW., Potomac Center documents in the public rulemaking Requests for copies of the submission record for these proposed requirements for OMB review; comment request may Plaza, room 11028, Washington DC 20202–7241. If you prefer to send your and selection criteria. If you want to be accessed from http:// schedule an appointment for this type of edicsweb.ed.gov, by selecting the comments through the Internet, use the following addresses: aid, please contact the person listed ‘‘Browse Pending Collections’’ link and [email protected]; under FOR FURTHER INFORMATION by clicking on link number 2680. When [email protected]. CONTACT. you access the information collection, You must include the term ‘‘TPDP We will announce the final click on ‘‘Download Attachments’’ to Proposed Requirements’’ in the subject requirements and selection criteria in a view. Written requests for information line of your electronic message. notice in the Federal Register. We will should be addressed to U.S. Department determine the final requirements and FOR FURTHER INFORMATION CONTACT: of Education, 400 Maryland Avenue, selection criteria after considering Laura Karl Messenger or Gwen responses to this notice and other SW., Potomac Center, 9th Floor, Washington. Telephone: (202) 245–7840 Washington, DC 20202–4700. Requests information available to the Department. or (202) 245–7790 or via Internet at This notice does not preclude us from may also be electronically mailed to the [email protected] or Internet address [email protected] or proposing or using additional [email protected]. requirements or selection criteria, faxed to 202–245–6621. Please specify If you use a telecommunications the complete title of the information subject to meeting applicable device for the deaf (TDD), you may call rulemaking requirements. collection when making your request. the Federal Relay Service (FRS) at 1– Comments regarding burden and/or 800–877–8339. Individuals with Note: This notice does not solicit disabilities may obtain this document in applications. In any year in which we choose the collection activity requirements to use one or more of these proposed should be directed to Kathy Axt at her an alternative format (e.g., Braille, large requirements and selection criteria, we invite e-mail address [email protected]. print, audiotape, or computer diskette) applications through a notice in the Federal Individuals who use a on request to the contact person listed Register. telecommunications device for the deaf under FOR FURTHER INFORMATION (TDD) may call the Federal Information CONTACT. Discussion of Proposed Requirements and Selection Criteria Relay Service (FIRS) at 1–800–877– SUPPLEMENTARY INFORMATION: 8339. We propose to establish program Invitation to Comment requirements and selection criteria for [FR Doc. 05–2584 Filed 2–9–05; 8:45 am] We invite you to submit comments the TPDP to clarify the Department’s BILLING CODE 4000–01–P regarding these proposed requirements expectations regarding the program.
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Through the TPDP, the Department (1) Each applicant must submit a following the calendar year in which the funds consortia described in section signed consortium agreement grant award is made, and enroll its 204(a) of Perkins III to carry out tech- (Agreement), providing evidence that second, third, and fourth student prep education projects that involve the each of the categories of membership cohorts by September of each location of a secondary school on the required under section 207 of Perkins III subsequent year of the proposed TPDP site of a community college, a business has been satisfied and that each of the project. as a member of the consortium, and the required members is eligible for (5) Each applicant must submit voluntary participation of secondary membership under the provisions of enrollment goals for the number of school students. Perkins III. The Agreement must contain students in each student cohort to be To be eligible for funding under the a signature of commitment from each enrolled in each year of the proposed TPDP, a consortium must include at participating secondary school, TPDP project. least one member in each of the community college, and business (6) Each applicant must submit following three categories: member, affirming that those entities annual performance goals for each of the (1) A local educational agency, an have formed a consortium to develop, performance indicators discussed intermediate educational agency, an implement, and sustain a TPDP project below. Successful applicants must reach area vocational and technical education as described under section 207 of agreement with us on their annual school serving secondary school Perkins III. The Agreement also must performance goals for each performance students, or a secondary school funded describe the roles and responsibilities of indicator. TPDP-funded projects will be by the Bureau of Indian Affairs; each consortium member within the required to use the following (2) (a) A nonprofit institution of proposed TPDP project. The format for performance indicators to measure the higher education that offers a 2-year the Agreement will be included in the progress of students in the TPDP-funded associate degree, 2-year certificate, or 2- application package. project— year postsecondary apprenticeship (2) Each applicant must submit a (a) Retention of high school juniors program, or (b) a proprietary institution complete proposed project course for their senior year in the TPDP-funded of higher education that offers a 2-year sequence plan (Plan), for each program program of study; associate degree program; and of study within the proposed TPDP (b) Completion of one or more project, to demonstrate how the (3) A business (see section mathematics courses in addition to proposed instructional program 207(b)(1)(B) of Perkins III). Algebra I, Algebra II, and Geometry by represents a sequential, four-year the time of high school graduation; Under the provisions of section program of study that meets the specific (c) Completion of one or more science 204(a)(1) of Perkins III, to be eligible for criteria set forth in sections 202(a)(3) courses in addition to high school consortium membership both nonprofit and 204(c) of Perkins III. The Plan must Biology and Chemistry by the time of and proprietary institutions of higher list the course sequence for each high school graduation; education, including institutions program of study within the proposed (d) High school graduation; receiving assistance under the Tribally TPDP project, describing the specific (e) Attainment of nine or more Controlled College or University academic and technical coursework postsecondary credits by the time of Assistance Act of 1978 (25 U.S.C. 1801 required for all four years of the high school graduation; et seq.) and tribally controlled program. The Plan also must summarize (f) Enrollment in postsecondary postsecondary vocational and technical program entrance requirements and education following high school institutions, must be qualified as specify the associate degree or graduation; institutions of higher education postsecondary certificate to be earned (g) Reduction in the need for pursuant to section 102 of the Higher upon completion of the program. The remediation in postsecondary education Education Act of 1965 (HEA). format for the Plan will be included in following high school; and In addition, nonprofit institutions of the application package. (h) Attainment of a postsecondary higher education are eligible only if they (3) Each applicant must provide degree or certificate. are not prohibited from receiving evidence that a secondary school will be (7) Each applicant must submit a plan assistance under HEA, title IV, part B physically located on the site of a for annual project evaluations. Each (20 U.S.C. 1071 et seq.), pursuant to the community college and will provide a evaluation must be conducted by an provisions of section 435(a)(3) of HEA complete program of academic and independent evaluator and must (20 U.S.C. 1083(a)). Proprietary technical coursework at the community provide information to the members of institutions of higher education are college that, at a minimum, meets State the consortium and project staff that eligible only if they are not subject to a requirements for high school will be useful in gauging progress and default management plan required by graduation. Students must be enrolled identifying areas for improvement, the Secretary. full-time in the high school on the particularly with regard to the required Under the provisions of section community college campus. However, performance indicators. 204(a)(2) of Perkins III, consortia may enrolled students may participate in (8) Each applicant must provide an also include one or more: (1) extracurricular activities at their original assurance that it will submit annual Institutions of higher education that high school. Proposed projects that reports of anticipated enrollment that award baccalaureate degrees; (2) involve only the ‘‘virtual’’ location of a include the number of students in each employer organizations; or (3) labor secondary school on the site of a cohort who will be enrolled for the organizations. community college, and projects that subsequent year and, if that number involve only satellite community differs from the enrollment goals for that Proposed Requirements college sites located on the premises of year stated in the approved application, To achieve the purposes of section secondary schools, are not eligible for the reasons for such a difference. Each 207 of Perkins III, we propose the support under this program. annual report of anticipated enrollment following requirements. We may apply (4) Each applicant must provide an will be due at the end of April. these requirements to any TPDP assurance that it will enroll its first (9) Each applicant must provide an competition and to any projects funded student cohort and begin classes by assurance that it will submit annual in the future. September of the calendar year project performance reports and a final
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project performance report, that: and graduation requirements prepare other key personnel are appropriate and Summarize the TPDP project’s progress students to enter postsecondary adequate to achieve the objectives of the and significant accomplishments and education without the need for proposed project. provide data on the agreed-upon remediation and are aligned with the (3) Quality of project personnel. In performance indicators and goals; entrance requirements for determining the quality of project identify barriers to continued progress postsecondary degree and certificate personnel, we consider the following and outline solutions; include the programs. factors: annual evaluation report that was (c) The extent to which the proposed (a) The extent to which the applicant prepared by the independent evaluator; instructional program incorporates high encourages applications for employment and review plans for or progress academic standards that equal or exceed from members of groups that have towards sustained operations after the those established by the State and traditionally been underrepresented cessation of Federal support. Each reflects industry-recognized skills and based on race, color, national origin, annual performance report will be due knowledge. gender, age, or disability. within 90 days of the end of each (d) The extent to which the applicant (b) The qualifications, including project year and the final performance demonstrates that consortium efforts relevant training and experience, of the report will be due 90 days after the end will align the ninth-grade and tenth- project director. of the project. grade curricula with proposed TPDP (c) The qualifications, including Funded projects will be required to program entrance requirements, to relevant training and experience, of key comply with all requirements adopted ensure a sizable, qualified applicant project personnel, including teachers, in the notice of final requirements and pool for the proposed TPDP program. counselors, administrators, and project selection criteria to be published in the (e) The extent to which the applicant consultants. Federal Register. Failure to comply presents a detailed student recruitment (4) Adequacy of resources. In with any applicable program plan that is likely to be effective in determining the adequacy of resources requirement may subject a grantee to fulfilling the project’s enrollment goals for the proposed project, we consider special conditions, withholding, or for each year of the project. the following factors: (f) The extent to which the applicant termination. (a) The adequacy of support, demonstrates that it has designed a including facilities, equipment, Proposed Selection Criteria comprehensive academic and career supplies, and other resources, from the counseling program for participating We propose to use the following participating institutions. students at both the secondary and selection criteria to evaluate (b) The extent to which the budget is postsecondary levels and will provide applications for new grants under this adequate and costs are reasonable in specific support services to ensure program. We may apply these selection relation to the objectives and design of students’ persistence in the program to criteria to any TPDP competition in the the proposed project. the attainment of a postsecondary future. (5) Quality of the project evaluation. degree or certificate. Note: The maximum score for all of these (g) The extent to which the applicant In determining the quality of the criteria will be 100 points. We will inform evaluation, we consider the following applicants of the points or weights assigned demonstrates that the business member(s) of the consortium and other factors: to each criterion and sub-criterion for any (a) The extent to which the methods future competition in a notice published in area employers have agreed to provide the Federal Register. In addition to the structured work-based learning of evaluation are thorough, feasible, and points to be awarded to applicants based on opportunities to TPDP students that are appropriate, will solicit input from all the selection criteria adopted in the notice of directly related to the proposed consortium members regarding program final requirements and selection criteria to be technical program(s) of study. effectiveness, and will yield accurate published in the Federal Register, we will (h) The extent to which the proposed and reliable data for each of the required award additional points to applications that project will provide intensive performance indicators. satisfy the criteria for special consideration (b) The extent to which the evaluation under section 207(d)(3) of Perkins III and will professional development, specifically designed to help achieve the goals of the will produce reports or other documents inform applicants of the points assigned to at appropriate intervals to enable the special consideration under section program, for secondary and 207(d)(3), in a notice published in the postsecondary instructors, counselors, consortium members to use the data for Federal Register. and administrators involved in the planning and decision making for program. continuous program improvement. (1) Quality of the project design. In (2) Quality of the management plan. (c) The extent to which the determining the quality of the design of In determining the quality of the independent evaluator possesses the the proposed project, we consider the management plan for the proposed necessary background and expertise to following factors: project, we consider the following carry out the evaluation. (a) The extent to which the applicant factors: Executive Order 12866 demonstrates its readiness to implement (a) The extent to which the a complete, career-oriented, four-year management plan outlines specific, This notice has been reviewed in program of study, as evidenced by a measurable goals, objectives, and accordance with Executive Order 12866. formal articulation agreement outcomes to be achieved by the Under the terms of the order, we have concerning the structure, content, and proposed project. assessed the potential costs and benefits sequence of all academic and technical (b) The extent to which the of this regulatory action. courses to be offered in the proposed management plan assigns responsibility The potential costs associated with tech-prep program and, if applicable, for the accomplishment of project tasks the proposed actions in this notice are the conditions under which dual credit to specific project personnel and those resulting from statutory will be awarded. provides timelines for the requirements and those we have (b) The extent to which the accomplishment of project tasks. determined as necessary for applicant’s proposed secondary (c) The extent to which the time administering this program effectively academic and technical course offerings commitments of the project director and and efficiently.
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In assessing the potential costs and DEPARTMENT OF EDUCATION profit entities) and individuals to benefits—both quantitative and electronically find grant opportunities qualitative ‘‘of the actions proposed in Office of the Chief Financial Officer and apply for grants from all Federal this notice, we have determined that the grant-making agencies. Electronic Submission of Grant benefits of the proposed requirements As a partner agency working on the Applications Through Grants.Gov and and selection criteria justify the costs. development of Grants.gov, the e-Application Department is committed to using We have also determined that this Grants.gov in helping potential grantees regulatory action does not unduly AGENCY: Office of the Chief Financial Officer, Department of Education. find grant opportunities (http:// interfere with State, local, and tribal www.grants.gov/Find) and apply for ACTION: governments in the exercise of their Notice of new policies and grants (http://www.grants.gov/Apply). governmental functions. procedural requirements for the Currently, the Department posts electronic submission of grant Intergovernmental Review synopses of all its discretionary grant applications. funding opportunity announcements in This program is subject to Executive SUMMARY: The Chief Financial Officer of the FIND section of Grants.gov. This Order 12372 and the regulations in 34 the Department of Education year, the Department will also provide CFR part 79. One of the objectives of the (Department) announces new policies for applicants to submit electronic Executive order is to foster an and procedural requirements for the applications through the APPLY section intergovernmental partnership and a electronic submission of grant of Grants.gov for selected grant strengthened federalism. The Executive applications through the programs. governmentwide grants application site, You can immediately start searching order relies on processes developed by the FIND section of Grants.gov, at the State and local governments for Grants.gov, and the Department’s grants application site, e-Application. above Web address, for Federal grant coordination and review of proposed opportunities. You can also register at FOR FURTHER INFORMATION CONTACT: Federal financial assistance. For the Web site to receive automatic e-mail information on Grants.gov, call the This document provides early notifications of new grant opportunities Grants.gov Help Desk at 1–800–518- notification of our specific plans and as they are posted. Grants. For information regarding the actions for this program. To prepare to use the APPLY function Department’s e-Application System, call of Grants.gov, we strongly recommend Electronic Access to This Document the GAPS Help Desk at 1–888–336– that you immediately initiate and 8936. For general questions about the complete the ‘‘Get Started’’ steps to You may view this document, as well new policies and requirements register with Grants.gov at http:// as all other Department of Education announced in this notice, contact www.grants.gov/GetStarted. Although documents published in the Federal Blanca Rodriguez or Charlesetta Griffin, the steps can be completed within a few Register, in text or Adobe Portable U.S. Department of Education, 550 12th days in many cases, we strongly advise Document Format (PDF) on the Internet Street, SW., room 7107, Potomac Center against waiting until a specific grant at the following site: http://www.ed.gov/ Plaza, Washington, DC 20202–4250. opportunity is announced before news/fedregister. Telephone: Blanca Rodriguez at 202– initiating the Grants.gov registration To use PDF you must have Adobe 245–6121 or Charlesetta Griffin at 202– process to avoid facing unexpected Acrobat Reader, which is available free 245–6157 or by e-mail: delays that could result in the rejection [email protected] or at this site. If you have questions about of your application. [email protected]. using PDF, call the U.S. Government The Department does not intend to If you use a telecommunications use the Grants.gov system for all of the Printing Office (GPO), toll free, at 1– device for the deaf (TDD), you may call Department’s grant competitions. You 888–293–6498; or in the Washington, the Federal Relay Service at 1–800–877– must consult the Department’s official DC, area at (202) 512–1530. 8339. grant application notice to determine Note: The official version of this document Individuals with disabilities may the application procedures for each is the document published in the Federal obtain this document in an alternative program. For those competitions Register. Free Internet access to the official format (e.g., Braille, large print, accepting electronic applications, the edition of the Federal Register and the Code audiotape, or computer diskette) on official grant application notice will of Federal Regulations is available on GPO request to the contact persons listed in specify whether electronic applications Access at: http://www.gpoaccess.gov/nara/ this section. are to be submitted through Grants.gov index.html. SUPPLEMENTARY INFORMATION: This or the Department’s e-Application (Catalog of Federal Domestic Assistance notice informs potential applicants for system. The grant application notice is Number 84.353 Tech-Prep Demonstration U.S. Department of Education grants of the final authority for this Program) certain new policies and procedural determination. However, the requirements for the electronic Department’s Forecast of Funding Program Authority: 20 U.S.C. 2376. submission of grant applications. Opportunities includes information on Dated: February 4, 2005. Transition to Grants.gov. For certain grant competitions that may use the Susan Sclafani, fiscal year (FY) 2005 grant competitions, APPLY function of Grants.gov this year. Assistant Secretary for Vocational and Adult the Department will require applicants The Forecast may be accessed at Education. to submit their applications http://www.ed.gov/fund/grant/find/ [FR Doc. 05–2601 Filed 2–9–05; 8:45 am] electronically through Grants.gov edlite-forecast.html. It is important to instead of through the Department’s e- note that if a competition is using the BILLING CODE 4000–01–P Application system. Grants.gov is a APPLY function of Grants.gov, it will unified Federal Web site that allows not be using e-Application, and vice organizations (e.g., local educational versa. Over the next several years, the agencies, state educational agencies, Department plans to use the APPLY institutions of higher education, non- function of Grants.gov as the primary
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means for accepting electronic grant all other Department of Education last three digits in the docket number applications. documents published in the Federal filed to access the document. For Exceptions to Mandatory Electronic Register, in text or Adobe Portable assistance, please contact FERC Online Filing Requirement. We also announce a Document Format (PDF) on the Internet Support at FERC change in our policy and procedures for at the following site: http://www.ed.gov/ [email protected] or call toll-free permitting applicants to submit paper news/fedregister. at (866) 206–3676, or, for TTY, contact applications in those competitions To use PDF, you must have Adobe (202) 502–8659. Comments, protests and where the Department requires the Acrobat Reader, which is available free interventions may be filed electronically electronic submission of applications at this site. If you have questions about via the Internet in lieu of paper. See, 18 through Grants.gov or e-Application. using PDF, call the U.S. Government CFR 385.2001(a)(1)(iii) and the Under this new policy, when we require Printing Office (GPO), toll free, at 1– instructions on the Commission’s web that applicants submit an application 888–293–6498; or in the Washington, site under the ‘‘e-Filing’’ link. The electronically through Grants.gov or e- DC area at (202) 512–1530. Commission strongly encourages Application, we will permit an Note: The official version of this document intervenors to file electronically. exception to this requirement and will is the document published in the Federal Any person or the Commission’s staff allow the submission of an application Register. Free Internet access to the official may, within 45 days after issuance of in paper format by mail or hand edition of the Federal Register and the Code the instant notice by the Commission, delivery only in two sets of of Federal Regulations is available on GPO file pursuant to Rule 214 of the circumstances. Specifically, an Access at: http://www.gpoaccess.gov/nara/ Commission’s Procedural Rules (18 CFR applicant will be permitted to submit an index.html. 385.214) a motion to intervene or notice application in paper format by mail or Dated: February 4, 2005. of intervention and pursuant to Section hand delivery if the applicant— Jack Martin, 157.205 of the Regulations under the (a) does not have access to the Natural Gas Act (18 CFR 157.205) a Chief Financial Officer. Internet; or protest to the request. If no protest is (b) does not have the capacity to [FR Doc. 05–2600 Filed 2–9–05; 8:45 am] filed within the time allowed therefor, upload large documents to the BILLING CODE 4000–01–P the proposed activity shall be deemed to Department’s e-Application system or be authorized effective the day after the the Grants.gov application system; and time allowed for filing a protest. If a (c) submits a written statement to the DEPARTMENT OF ENERGY protest is filed and not withdrawn Department that the applicant qualifies within 30 days after the time allowed for an exception under one of these Federal Energy Regulatory for filing a protest, the instant request grounds. Commission The written statement must be mailed shall be treated as an application for [Docket No. CP05–61–000] or faxed to the program office (include authorization pursuant to Section 7 of the program name and CFDA number) the Natural Gas Act. Algonquin Gas Transmission, LLC; Comment Date: February 25, 2005. no later than two weeks before the Notice of Request Under Blanket application deadline date (14 calendar Authorization Magalie R. Salas, days, or if the fourteenth calendar day Secretary. falls on a Federal holiday, the next February 4, 2005. [FR Doc. E5–566 Filed 2–9–05; 8:45 am] business day following the Federal Take notice that on January 28, 2005, BILLING CODE 6717–01–P holiday). A fax must be received by the Algonquin Gas Transmission, LLC Department on or before this date and (Algonquin), 5400 Westheimer Court, an applicant should ensure that it Houston, Texas 77056–5310, filed in DEPARTMENT OF ENERGY retains a receipt of the faxed Docket No. CP05–61–000, an transmission. A mailed statement must application pursuant to sections Federal Energy Regulatory be postmarked on or before this date 157.205, 157.208 and 157.216 of the Commission Commission’s Regulations and applicants should refer to the grant [Project No. 11810–007] application notice for acceptable forms implementing the Natural Gas Act of proof of mailing. Unlike our prior (NGA) as amended, for authorization to City of Augusta, GA; Notice policy, we will not accept requests for abandon certain facilities, and to Dismissing Request for Rehearing waiver of the electronic submission construct and operate replacement requirement up until the application facilities on its J–1 System pipeline in February 3, 2005. deadline date. the cities of Medford and Everett, in By letter of May 5, 2004, Commission If an applicant provides its statement Middlesex County, Massachusetts. staff informed the City of Augusta, on or before the two-week deadline, the Algonquin further explains that it seeks Georgia (Augusta), that it would be Department will accept the statement to comply with Department of required to obtain water quality and paper application and will not Transportation safety regulations, under certification under section 401(a) of the provide any response to the statement. Algonquin’s blanket certificate issued in Clean Water Act, 33 U.S.C. 1341(a), If an applicant submits a paper Docket No. CP87–317–000 pursuant to from the State of South Carolina in application but fails to submit a section 7 of the NGA. Any questions connection with Augusta’s application statement or does not submit a concerning this application may be for an original license for the Augusta statement in a timely manner, the directed to Steven E. Tillman, General Canal Project No. 11810, located on the Department will not accept the Manager, Regulatory Affairs, at (713) Savannah River in Georgia and South applicant’s paper application. The 627–5113. Carolina. Section 313 of the Federal Department will notify an applicant if it This filing is available for review at Power Act (FPA), 16 U.S.C. 825l, is not accepting the applicant’s paper the Commission or may be viewed on establishes the right of a party aggrieved application. the Commission’s Web site at http:// by a Commission order to seek rehearing Electronic Access to This Document: www.ferc.gov, using the ‘‘eLibrary’’ link. of that order within 30 days of its You may view this document, as well as Enter the docket number excluding the issuance. Augusta did not seek
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rehearing but, on June 4, 2004, sought Box 7555, Waco, TX, 76714–7555, (254) protests, or motions to intervene must reconsideration of the letter, asking the 761–3100. be received on or before the specified Commission to vacate the letter on the i. FERC Contacts: Any questions on comment date for the particular ground that certification was not this notice should be addressed to Mrs. application. required. By order issued November 23, Jean Potvin at (202) 502–8928, or e-mail o. Filing and Service of Responsive 2004, 109 FERC ¶ 61,210 (2004), the address: [email protected]. Documents—Any filings must bear in Commission denied reconsideration as j. Deadline for filing comments and or all capital letters the title to the need for certification but granted motions: February 22, 2005. ‘‘COMMENTS’’, Augusta’s request for an extension of All documents (original and eight ‘‘RECOMMENDATIONS FOR TERMS time to obtain it. copies) should be filed with: Ms. AND CONDITIONS’’, ‘‘PROTEST’’, OR On December 23, 2004, Augusta Magalie R. Salas, Secretary, Federal ‘‘MOTION TO INTERVENE’’, as sought rehearing of the Commission’s Energy Regulatory Commission, 888 applicable, and the Project Number of order. The order on reconsideration, First Street, NE., Washington DC 20426. the particular application to which the which allowed the staff letter to remain Please include the project number (P– filing refers. A copy of any motion to effective, did not create a right to 1490–039) on any comments or motions intervene must also be served upon each rehearing that had not been created by filed. Comments, protests, and representative of the Applicant issuance of the staff letter itself. To the interventions may be filed electronically specified in the particular application. extent that Augusta was aggrieved by via the internet in lieu of paper. See, 18 p. Agency Comments—Federal, state, the staff letter, a request for rehearing of CFR 385.2001(a)(1)(iii) and the and local agencies are invited to file the letter would have been the instructions on the Commission’s Web comments on the described application. appropriate remedy. As Augusta did not site under the ‘‘e-Filing’’ link. The A copy of the application may be Commission strongly encourages e- seek rehearing of the staff letter, a obtained by agencies directly from the filings. request for rehearing of the order on Applicant. If an agency does not file k. Description of Request: On January comments within the time specified for reconsideration is effectively an 7, 2005, Commission staff issued Notice impermissibly late-filed request for filing comments, it will be presumed to of Application for Amendment of have no comments. One copy of an rehearing of the letter. Accordingly, License and Soliciting Comments, Augusta’s December 23, 2004, request agency’s comments must also be sent to Motions to Intervene and Protests the Applicant’s representatives. for rehearing in this proceeding does not Project No. 1490–038 & 039 which was lie and is dismissed. q. Comments, protests and stated that Brazos River Authority interventions may be filed electronically Magalie R. Salas, (Authority) was seeking Commission via the Internet in lieu of paper. See, 18 Secretary. approval to permit the existing 120 slip CFR 385.2001(a)(1)(iii) and the [FR Doc. E5–546 Filed 2–9–05; 8:45 am] facility and the addition of 76 boat slips instructions on the Commission’s Web BILLING CODE 6717–01–P at the Hill Country Harbor Marina (P– site at http://www.ferc.gov under the ‘‘e- 1490–039). The application in fact seeks Filing’’ link. approval for the addition of 182 boat Magalie R. Salas, DEPARTMENT OF ENERGY slips. l. Location of the Application: The Secretary. Federal Energy Regulatory filing is available for review at the [FR Doc. E5–548 Filed 2–9–05; 8:45 am] Commission Commission in the Public Reference BILLING CODE 6717–01–P Room, located at 888 First Street, NE., Notice of Application for Non-Project Room 2A, Washington, DC 20426, or Use of Project Lands and Soliciting may be viewed on the Commission’s DEPARTMENT OF ENERGY Comments, Motions To Intervene, and Web site at http://www.ferc.gov using Protests the ‘‘eLibrary’’ link. Enter the docket Federal Energy Regulatory number excluding the last three digits in Commission February 3, 2005. the docket number field to access the [Docket No. RP96–383–063] Take notice that the following document. For assistance, please contact application has been filed with the FERC Online support at Dominion Transmission, Inc.; Notice of Commission and is available for public [email protected] or toll Negotiated Rate inspection: free (866) 208–3676 or TTY, contact a. Application Type: Non-Project Use February 3, 2005. (202) 502–8659. Take notice that on January 31, 2005, of Project Lands. m. Individuals desiring to be included Dominion Transmission, Inc. (DTI) b. Project No: 1490–039. on the Commission’s mailing list should tendered for filing as part of its FERC c. Date Filed: November 24, 2004. so indicate by writing to the Secretary Gas Tariff, Third Revised Volume No. 1, d. Applicant: Brazos River Authority. of the Commission. e. Name of Project: Morris Sheppard n. Comments, Protests, or Motions To the following tariff sheets, to become Project. Intervene—Anyone may submit effective February 1, 2005: f. Location: The project is located on comments, a protest, or a motion to Eleventh Revised Sheet No. 1300 and Sixth the Possum Kingdom Reservoir on the intervene in accordance with the Revised Sheet No. 1400 Brazos River in Palo Pinto County, requirements of Rules of Practice and DTI states that the purpose of this Texas. This project does not occupy any Procedure, 18 CFR 385.210, .211, .214. filing is to extend a previously approved Federal or tribal lands. In determining the appropriate action to negotiated rate agreement between Sithe g. Filed Pursuant to: Federal Power take, the Commission will consider all Energy Marketing, LP and DTI. Act, 16 U.S.C. 791(a) 825(r) and 799 and protests or other comments filed, but Any person desiring to intervene or to 801. only those who file a motion to protest this filing must file in h. Applicant Contact: Mr. Phillip J. intervene in accordance with the accordance with Rules 211 and 214 of Ford, General Manager/CEO, Brazos Commission’s Rules may become a the Commission’s Rules of Practice and River Authority, 4600 Cobbs Drive, PO party to the proceeding. Any comments, Procedure (18 CFR 385.211 and
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385.214). Protests will be considered by well as all parties on the official service in the application which is on file with the Commission in determining the list in the above-captioned proceeding. the Commission and open to public appropriate action to be taken, but will Any person desiring to protest this inspection. El Paso states that as a result not serve to make protestants parties to filing must file in accordance with Rule of changes in the natural gas markets the proceeding. Any person wishing to 211 of the Commission’s Rules of served by its interstate system in become a party must file a notice of Practice and Procedure (18 CFR southwestern New Mexico and intervention or motion to intervene, as 385.211). Protests to this filing will be southeastern Arizona, El Paso’s appropriate. Such notices, motions, or considered by the Commission in Compressor Station No. 4 has become protests must be filed in accordance determining the appropriate action to be functionally obsolete and is no longer with the provisions of Section 154.210 taken, but will not serve to make required in natural gas service. of the Commission’s regulations (18 CFR protestants parties to the proceeding. Any questions concerning this 154.210). Anyone filing an intervention Such protests must be filed in application may be directed to Robert T. or protest must serve a copy of that accordance with the provisions of Tomlinson, Director, Regulatory Affairs, document on the Applicant. Anyone section 154.210 of the Commission’s El Paso Natural Gas Company, PO Box filing an intervention or protest on or regulations (18 CFR 154.210). Anyone 1087, Colorado Springs, Colorado before the intervention or protest date filing a protest must serve a copy of that 80944, at (719) 520–3788 or fax (719) need not serve motions to intervene or document on all the parties to the 520–4318. protests on persons other than the proceeding. There are two ways to become Applicant. The Commission encourages involved in the Commission’s review of The Commission encourages electronic submission of protests in lieu this project. First, any person wishing to electronic submission of protests and of paper using the ‘‘eFiling’’ link at obtain legal status by becoming a party interventions in lieu of paper using the http://www.ferc.gov. Persons unable to to the proceedings for this project ‘‘eFiling’’ link at http://www.ferc.gov. file electronically should submit an should, on or before the comment date Persons unable to file electronically original and 14 copies of the protest to stated below, file with the Federal should submit an original and 14 copies the Federal Energy Regulatory Energy Regulatory Commission, 888 of the protest or intervention to the Commission, 888 First Street, NE., First Street, NE., Washington, DC 20426, Federal Energy Regulatory Commission, Washington, DC 20426. a motion to intervene in accordance 888 First Street, NE., Washington, DC This filing is accessible on-line at with the requirements of the 20426. http://www.ferc.gov, using the Commission’s Rules of Practice and This filing is accessible on-line at ‘‘eLibrary’’ link and is available for Procedure (18 CFR 385.214 or 385.211) http://www.ferc.gov, using the review in the Commission’s Public and the Regulations under the NGA (18 ‘‘eLibrary’’ link and is available for Reference Room in Washington, DC. CFR 157.10). A person obtaining party review in the Commission’s Public There is an ‘‘eSubscription’’ link on the status will be placed on the service list Reference Room in Washington, DC. Web site that enables subscribers to maintained by the Secretary of the There is an ‘‘eSubscription’’ link on the receive e-mail notification when a Commission and will receive copies of Web site that enables subscribers to document is added to a subscribed all documents filed by the applicant and receive e-mail notification when a docket(s). For assistance with any FERC by all other parties. A party must submit document is added to a subscribed Online service, please e-mail 14 copies of filings made with the docket(s). For assistance with any FERC [email protected], or call Commission and must mail a copy to Online service, please e-mail (866) 208–3676 (toll free). For TTY, call the applicant and to every other party in [email protected], or call (202) 502–8659. the proceeding. Only parties to the proceeding can ask for court review of (866) 208–3676 (toll free). For TTY, call Magalie R. Salas, Commission orders in the proceeding. (202) 502–8659. Secretary. However, a person does not have to Magalie R. Salas, [FR Doc. E5–557 Filed 2–9–05; 8:45 am] intervene in order to have comments Secretary. BILLING CODE 6717–01–P considered. The second way to [FR Doc. E5–556 Filed 2–9–05; 8:45 am] participate is by filing with the BILLING CODE 6717–01–P Secretary of the Commission, as soon as DEPARTMENT OF ENERGY possible, an original and two copies of comments in support of or in opposition DEPARTMENT OF ENERGY Federal Energy Regulatory to this project. The Commission will Commission consider these comments in Federal Energy Regulatory [Docket No. CP05–59–000] determining the appropriate action to be Commission taken, but the filing of a comment alone will not serve to make the filer a party [Docket No. RP97–13–015] El Paso Natural Gas Company; Notice of Application for Abandonment to the proceeding. The Commission’s East Tennessee Natural Gas, LLC; rules require that persons filing Notice of Compliance Filing February 4, 2005. comments in opposition to the project Take notice that on January 26, 2005, provide copies of their protests only to February 3, 2005. El Paso Natural Gas Company (El Paso), the party or parties directly involved in Take notice that, on January 31, 2005, filed an application in Docket No. the protest. East Tennessee Natural Gas, LLC (East CP05–59–000, pursuant to section 7(b) Persons who wish to comment only Tennessee) submitted a compliance of the Natural Gas Act (NGA) and on the environmental review of this filing pursuant to the Commission’s section 157.5, et seq., of the project should submit an original and May 27, 2004, Order in Docket No. Commission’s Regulations, for two copies of their comments to the RP97–13–013. permission and approval to abandon, in Secretary of the Commission. East Tennessee states that copies of place, the compressor facilities, with Environmental commentors will be the filing were served on all customers appurtenances, located in Luna County, placed on the Commission’s and interested State commissions, as New Mexico, all as more fully set forth environmental mailing list, will receive
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copies of the environmental documents, the Commission’s Rules of Practice and the General Terms & Conditions of and will be notified of meetings Procedure (18 CFR 385.211 and GTN’s FERC Gas Tariff, Third Revised associated with the Commission’s 385.214). Protests will be considered by Volume No. 1–A. environmental review process. the Commission in determining the GTN states that a copy of this filing Environmental commentors will not be appropriate action to be taken, but will has been served on jurisdictional required to serve copies of filed not serve to make protestants parties to customers and interested state documents on all other parties. the proceeding. Any person wishing to regulatory agencies. However, the non-party commentors become a party must file a notice of will not receive copies of all documents intervention or motion to intervene, as Any person desiring to intervene or to filed by other parties or issued by the appropriate. Such notices, motions, or protest this filing must file in Commission (except for the mailing of protests must be filed in accordance accordance with Rules 211 and 214 of environmental documents issued by the with the provisions of Section 154.210 the Commission’s Rules of Practice and Commission) and will not have the right of the Commission’s regulations (18 CFR Procedure (18 CFR 385.211 and to seek court review of the 154.210). Anyone filing an intervention 385.214). Protests will be considered by Commission’s final order. or protest must serve a copy of that the Commission in determining the The Commission strongly encourages document on the Applicant. Anyone appropriate action to be taken, but will electronic filings of comments, protests filing an intervention or protest on or not serve to make protestants parties to and interventions via the Internet in lieu before the intervention or protest date the proceeding. Any person wishing to of paper. See 18 CFR 385.2001(a)(1)(iii) need not serve motions to intervene or become a party must file a notice of and the instructions on the protests on persons other than the intervention or motion to intervene, as Commission’s Web site (www.ferc.gov) Applicant. appropriate. Such notices, motions, or under the ‘‘e-Filing’’ link. The Commission encourages protests must be filed on or before the This filing is accessible on-line at electronic submission of protests and date as indicated below. Anyone filing http://www.ferc.gov, using the interventions in lieu of paper using the an intervention or protest must serve a ‘‘eLibrary’’ link and is available for ‘‘eFiling’’ link at http://www.ferc.gov. copy of that document on the Applicant. review in the Commission’s Public Persons unable to file electronically Reference Room in Washington, DC. should submit an original and 14 copies Anyone filing an intervention or protest There is an ‘‘eSubscription’’ link on the of the protest or intervention to the on or before the intervention or protest Web site that enables subscribers to Federal Energy Regulatory Commission, date need not serve motions to intervene receive e-mail notification when a 888 First Street, NE., Washington, DC or protests on persons other than the document is added to a subscribed 20426. Applicant. docket(s). For assistance with any FERC This filing is accessible on-line at The Commission encourages Online service, please e-mail http://www.ferc.gov, using the electronic submission of protests and [email protected], or call ‘‘eLibrary’’ link and is available for interventions in lieu of paper using the (866) 208–3676 (toll free). For TTY, call review in the Commission’s Public ‘‘eFiling’’ link at http://www.ferc.gov. (202) 502–8659. Reference Room in Washington, DC. Persons unable to file electronically Comment Date: February 25, 2005. There is an ‘‘eSubscription’’ link on the should submit an original and 14 copies Web site that enables subscribers to of the protest or intervention to the Magalie R. Salas, receive email notification when a Secretary. Federal Energy Regulatory Commission, document is added to a subscribed 888 First Street, NE., Washington, DC [FR Doc. E5–568 Filed 2–9–05; 8:45 am] docket(s). For assistance with any FERC 20426. BILLING CODE 6717–01–P Online service, please e-mail [email protected], or call This filing is accessible on-line at (866) 208–3676 (toll free). For TTY, call http://www.ferc.gov, using the DEPARTMENT OF ENERGY (202) 502–8659. ‘‘eLibrary’’ link and is available for review in the Commission’s Public Federal Energy Regulatory Magalie R. Salas, Reference Room in Washington, DC. Commission Secretary. There is an ‘‘eSubscription’’ link on the [Docket No. RP99–518–069] [FR Doc. E5–542 Filed 2–9–05; 8:45 am] Web site that enables subscribers to BILLING CODE 6717–01–P receive e-mail notification when a Gas Transmission Northwest document is added to a subscribed Corporation; Notice of Negotiated Rate DEPARTMENT OF ENERGY docket(s). For assistance with any FERC February 3, 2005. Online service, please e-mail Take notice that on January 31, 2005, Federal Energy Regulatory [email protected], or call Gas Transmission Northwest Commission (866) 208–3676 (toll free). For TTY, call Corporation (GTN) tendered for filing as (202) 502–8659. [Docket No. RP05–169–000] part of its FERC Gas Tariff, Third Comment Date: 5 p.m. eastern time on Revised Volume No. 1–A, Seventeenth Gas Transmission Northwest February 10, 2005. Revised Sheet No. 15, to become Corporation; Notice of Refund Report effective February 1, 2005. Magalie R. Salas, GTN states that this sheet is being February 3, 2005. Secretary. filed to reflect the continuation of a Take notice that on January 31, 2005, [FR Doc. E5–554 Filed 2–9–05; 8:45 am] negotiated rate agreement pursuant to Gas Transmission Northwest BILLING CODE 6717–01–P evergreen provisions contained in the Corporation (GTN) tendered for filing a agreement. refund report which reports GTN’s Any person desiring to intervene or to refund of revenues collected under its protest this filing must file in competitive equalization surchage accordance with Rules 211 and 214 of mechanism, pursuant to section 35 of
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DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Comment Date: 5 p.m. eastern time on February 10, 2005. Federal Energy Regulatory Federal Energy Regulatory Commission Commission Magalie R. Salas, Secretary. [Docket No. CP93–618–015] [FR Doc. E5–559 Filed 2–9–05; 8:45 am] [Docket No. RP99-274-011] Gas Transmission Northwest BILLING CODE 6717–01–P Corporation; Notice of Annual Report Kern River Gas Transmission Company; Notice of Annual Threshold DEPARTMENT OF ENERGY February 3, 2005. Report Take notice that on January 31, 2005, Federal Energy Regulatory Gas Transmission Northwest February 3, 2005. Corporation (GTN) tendered for filing in Commission Take notice that on January 31, 2005, compliance with the Commission’s Order of January 12, 1995, in Docket Kern River Gas Transmission Company [Docket Nos. RP03–604–003 and RP05–70– Nos. CP93–618 et al., its ‘‘Annual (Kern River) tendered for filing its 002 (not consolidated)] Report on Deferred Revenue Recovery Annual Threshold Report. Mechanism and Revenue Reconciliation Kern River states that the purpose of LSP-Cottage Grove, L.P. and for the Year Ending October 31, 2004’’ this filing is to comply with the terms Whitewater Limited Partnership v. for its Medford, Oregon Lateral. of its Settlement in this proceeding to Northern Natural Gas Company; Notice of Compliance Filing GTN further states that a copy of this file an Annual Threshold Report, filing has been served on GTN’s identifying the eligible firm shippers February 3, 2005. jurisdictional customers and interested receiving revenue credits and the Take notice that on January 31, 2005, state regulatory agencies, as well as the amounts received. Northern Natural Gas Company official service list in this proceeding. (Northern) tendered for filing to become Any person desiring to protest this Kern River states that it has served a part of its FERC Gas Tariff, Fifth Revised filing must file in accordance with Rule copy of this filing upon each person Volume No. 1, Substitute Eighth 211 of the Commission’s Rules of designated on the official service list Revised Sheet No. 66C, with an effective Practice and Procedure (18 CFR compiled by the Secretary in this date of January 31, 2005. 385.211). Protests to this filing will be proceeding. Northern states that it is filing the considered by the Commission in Any person desiring to protest this above-referenced tariff sheet and other determining the appropriate action to be filing must file in accordance with Rule information in compliance with the taken, but will not serve to make 211 of the Commission’s Rules of Commission’s December 30, 2004, Order protestants parties to the proceeding. Practice and Procedure (18 CFR on Complaint, Rehearing, and Proposed Such protests must be filed on or before 385.211). Protests to this filing will be Service Agreement Amendments. the date as indicated below. Anyone considered by the Commission in Northern further explains that in filing a protest must serve a copy of that determining the appropriate action to be compliance with the Order, Northern document on all the parties to the taken, but will not serve to make has filed certain agreements with LSP- proceeding. protestants parties to the proceeding. Cottage Grove, L.P. and LSP-Whitewater The Commission encourages Such protests must be filed on or before electronic submission of protests in lieu Limited Partnership as non-conforming the date as indicated below. Anyone agreements. of paper using the ‘‘eFiling’’ link at filing a protest must serve a copy of that http://www.ferc.gov. Persons unable to Northern states that copies of the document on all the parties to the file electronically should submit an filing have been mailed to each of its proceeding. original and 14 copies of the protest to customers and interested State the Federal Energy Regulatory The Commission encourages Commissions. Commission, 888 First Street, NE., electronic submission of protests in lieu Any person desiring to protest this Washington, DC 20426. of paper using the ‘‘eFiling’’ link at filing must file in accordance with Rule This filing is accessible on-line at http://www.ferc.gov. Persons unable to 211 of the Commission’s Rules of http://www.ferc.gov, using the file electronically should submit an Practice and Procedure (18 CFR ‘‘eLibrary’’ link and is available for original and 14 copies of the protest to 385.211). Protests to this filing will be review in the Commission’s Public the Federal Energy Regulatory considered by the Commission in Reference Room in Washington, DC. Commission, 888 First Street, NE., determining the appropriate action to be There is an ‘‘eSubscription’’ link on the Washington, DC 20426. taken, but will not serve to make protestants parties to the proceeding. Web site that enables subscribers to This filing is accessible on-line at receive email notification when a Such protests must be filed in http://www.ferc.gov, using the document is added to a subscribed accordance with the provisions of ‘‘eLibrary’’ link and is available for docket(s). For assistance with any FERC section 154.210 of the Commission’s review in the Commission’s Public Online service, please e-mail regulations (18 CFR 154.210). Anyone Reference Room in Washington, DC. [email protected], or call filing a protest must serve a copy of that (866) 208–3676 (toll free). For TTY, call There is an ‘‘eSubscription’’ link on the document on all the parties to the (202) 502–8659. Web site that enables subscribers to proceeding. Protest Date: 5 p.m. eastern time on receive e-mail notification when a The Commission encourages February 10, 2005. document is added to a subscribed electronic submission of protests in lieu docket(s). For assistance with any FERC of paper using the ‘‘eFiling’’ link at Magalie R. Salas, Online service, please e-mail http://www.ferc.gov. Persons unable to Secretary. [email protected], or call file electronically should submit an [FR Doc. E5–560 Filed 2–9–05; 8:45 am] (866) 208–3676 (toll free). For TTY, call original and 14 copies of the protest to BILLING CODE 6717–01–P (202) 502–8659. the Federal Energy Regulatory
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Commission, 888 First Street, NE., should submit an original and 14 copies accordance with the provisions of Washington, DC 20426. of the protest or intervention to the Section 154.210 of the Commission’s This filing is accessible on-line at Federal Energy Regulatory Commission, regulations (18 CFR 154.210). Anyone http://www.ferc.gov, using the 888 First Street, NE., Washington, DC filing a protest must serve a copy of that ‘‘eLibrary’’ link and is available for 20426. document on all the parties to the review in the Commission’s Public This filing is accessible on-line at proceeding. Reference Room in Washington, DC. http://www.ferc.gov, using the The Commission encourages There is an ‘‘eSubscription’’ link on the ‘‘eLibrary’’ link and is available for electronic submission of protests in lieu Web site that enables subscribers to review in the Commission’s Public of paper using the ‘‘eFiling’’ link at receive e-mail notification when a Reference Room in Washington, DC. http://www.ferc.gov. Persons unable to document is added to a subscribed There is an ‘‘eSubscription’’ link on the file electronically should submit an docket(s). For assistance with any FERC Web site that enables subscribers to original and 14 copies of the protest to Online service, please e-mail receive e-mail notification when a the Federal Energy Regulatory [email protected], or call document is added to a subscribed Commission, 888 First Street, NE., (866) 208–3676 (toll free). For TTY, call docket(s). For assistance with any FERC Washington, DC 20426. (202) 502–8659. Online service, please e-mail This filing is accessible on-line at [email protected], or call http://www.ferc.gov, using the Magalie R. Salas, (866) 208–3676 (toll free). For TTY, call ‘‘eLibrary’’ link and is available for Secretary. (202) 502–8659. review in the Commission’s Public [FR Doc. E5–553 Filed 2–9–05; 8:45 am] Reference Room in Washington, DC. Magalie R. Salas, BILLING CODE 6717–01–P There is an ‘‘eSubscription’’ link on the Secretary. Web site that enables subscribers to [FR Doc. E5–555 Filed 2–9–05; 8:45 am] receive e-mail notification when a DEPARTMENT OF ENERGY BILLING CODE 6717–01–P document is added to a subscribed Federal Energy Regulatory docket(s). For assistance with any FERC Online service, please e-mail Commission DEPARTMENT OF ENERGY [email protected], or call [Docket No. RP05–170–000] Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call (202) 502–8659. National Fuel Gas Supply Corporation; Commission Notice of Tariff Filing [Docket No. RP03–398–012] Magalie R. Salas, Secretary. February 3, 2005. Northern Natural Gas Company; Notice [FR Doc. E5–552 Filed 2–9–05; 8:45 am] Take notice that on January 31, 2005, of Compliance Filing BILLING CODE 6717–01–P National Fuel Gas Supply Corporation (National) tendered for filing as part of February 3, 2005. its FERC Gas Tariff, Fourth Revised Take notice that on January 31, 2005, DEPARTMENT OF ENERGY Volume No. 1, Seventy Third Revised Northern Natural Gas Company Sheet No. 9, to become effective (Northern) tendered for filing to become Federal Energy Regulatory February 1, 2005. part of Northern’s FERC Gas Tariff, Fifth Commission Any person desiring to intervene or to Revised Volume No. 1 the following [Docket No. RP05–150–000] protest this filing must file in tariff sheets: accordance with Rules 211 and 214 of Ninth Revised Sheet No. 252 Northern Natural Gas Company; Notice the Commission’s Rules of Practice and Fourth Revised Sheet No. 253 of Petition for a Limited Waiver Procedure (18 CFR 385.211 and Second Revised Sheet No. 253A 385.214). Protests will be considered by Sixth Revised Sheet No. 297 February 4, 2005. the Commission in determining the Second Revised Sheet No. 309 Take notice that on January 10, 2005, appropriate action to be taken, but will Northern states that it is filing the Northern Natural Gas Company not serve to make protestants parties to above-referenced tariff sheets in (Northern) tendered for filing a petition the proceeding. Any person wishing to compliance with the Commission’s for a limited waiver of its FERC Gas become a party must file a notice of December 30, 2004 Order limiting right- Tariff in order to allow Northern to intervention or motion to intervene, as of-first-refusal for interim shippers for make available certain pre-built capacity appropriate. Such notices, motions, or entitlement associated with capacity associated with the Bluff Creek/Tomah protests must be filed in accordance that is already under contract for a expansion project on an interim basis with the provisions of section 154.210 future period. without a right of first refusal (ROFR). of the Commission’s regulations (18 CFR Northern further states that copies of Northern states that the requested 154.210). Anyone filing an intervention the filing have been mailed to each of waiver will address the need to limit or protest must serve a copy of that its customers and interested State ROFR rights to interim shippers for document on the Applicant. Anyone Commissions. capacity that is under contract in the filing an intervention or protest on or Any person desiring to protest this future by Wisconsin Gas LLC until before the intervention or protest date filing must file in accordance with Rule Northern files tariff language to need not serve motions to intervene or 211 of the Commission’s Rules of permanently address this situation. protests on persons other than the Practice and Procedure (18 CFR Any person desiring to intervene or to Applicant. 385.211). Protests to this filing will be protest this filing must file in The Commission encourages considered by the Commission in accordance with Rules 211 and 214 of electronic submission of protests and determining the appropriate action to be the Commission’s Rules of Practice and interventions in lieu of paper using the taken, but will not serve to make Procedure (18 CFR 385.211 and ‘‘eFiling’’ link at http://www.ferc.gov. protestants parties to the proceeding. 385.214). Protests will be considered by Persons unable to file electronically Such protests must be filed in the Commission in determining the
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appropriate action to be taken, but will 20, 1997, in Docket No. RP97–255–000. DEPARTMENT OF ENERGY not serve to make protestants parties to TransColorado further explains that the the proceeding. Any person wishing to tendered tariff sheets propose to revise Federal Energy Regulatory become a party must file a notice of its tariff to reflect an amended Commission intervention or motion to intervene, as negotiated-rate contract. [Docket No. EL05–61–000] appropriate. Such notices, motions, or TransColorado states that a copy of protests must be filed on or before the Con Edison Energy, Inc., Complainant this filing has been served upon all date as indicated below. Anyone filing v. ISO New England, Inc., and New parties to this proceeding, an intervention or protest must serve a England Power Pool, Respondents; copy of that document on the Applicant. TransColorado’s customers, the Notice of Complaint Request for Fast Anyone filing an intervention or protest Colorado Public Utilities Commission Track on or before the intervention or protest and the New Mexico Public Utilities date need not serve motions to intervene Commission. February 3, 2005. or protests on persons other than the Any person desiring to intervene or to Take notice that on February 3, 2005, Applicant. protest this filing must file in Con Edison Energy, Inc. (CEE) filed a Complaint against ISO New England, The Commission encourages accordance with Rules 211 and 214 of Inc. (ISO–NE) and the New England electronic submission of protests and the Commission’s Rules of Practice and interventions in lieu of paper using the Power Pool (NEPOOL). Complainant Procedure (18 CFR 385.211 and requests that the Commission: (1) Order ‘‘eFiling’’ link at http://www.ferc.gov. 385.214). Protests will be considered by Persons unable to file electronically Respondents to immediately modify the Commission in determining the Market Rule 1 and NEPOOL Manual 20 should submit an original and 14 copies appropriate action to be taken, but will of the protest or intervention to the to provide that participation in ISO– not serve to make protestants parties to NE’s monthly Unforced Capacity Federal Energy Regulatory Commission, the proceeding. Any person wishing to 888 First Street, NE., Washington, DC (UCAP) deficiency auctions shall be become a party must file a notice of 20426. voluntary, and that excess UCAP not bid This filing is accessible on-line at intervention or motion to intervene, as by participants shall not be included in http://www.ferc.gov, using the appropriate. Such notices, motions, or such auctions; (2) direct Respondents ‘‘eLibrary’’ link and is available for protests must be filed in accordance not to themselves submit bids or dictate review in the Commission’s Public with the provisions of Section 154.210 permissible bid prices in such auctions; Reference Room in Washington, DC. of the Commission’s regulations (18 CFR and (3) direct Respondents not to There is an ‘‘eSubscription’’ link on the 154.210). Anyone filing an intervention conduct further monthly UCAP Web site that enables subscribers to or protest must serve a copy of that deficiency auctions until the changes in (1) and (2) have been effected. receive e-mail notification when a document on the Applicant. Anyone Any person desiring to intervene or to document is added to a subscribed filing an intervention or protest on or protest this filing must file in docket(s). For assistance with any FERC before the intervention or protest date need not serve motions to intervene or accordance with Rules 211 and 214 of Online service, please e-mail the Commission’s Rules of Practice and protests on persons other than the [email protected], or call Procedure (18 CFR 385.211 and Applicant. (866) 208–3676 (toll free). For TTY, call 385.214). Protests will be considered by (202) 502–8659. The Commission encourages the Commission in determining the Comment Date: 5 p.m. eastern time on electronic submission of protests and appropriate action to be taken, but will February 11, 2005. interventions in lieu of paper using the not serve to make protestants parties to Magalie R. Salas, ‘‘eFiling’’ link at http://www.ferc.gov. the proceeding. Any person wishing to Secretary. Persons unable to file electronically become a party must file a notice of [FR Doc. E5–565 Filed 2–9–05; 8:45 am] should submit an original and 14 copies intervention or motion to intervene, as BILLING CODE 6717–01–P of the protest or intervention to the appropriate. The Respondent’s answer Federal Energy Regulatory Commission, and all interventions, or protests must 888 First Street, NE., Washington, DC be filed on or before the comment date. DEPARTMENT OF ENERGY 20426. The Respondent’s answer, motions to This filing is accessible on-line at intervene, and protests must be served Federal Energy Regulatory http://www.ferc.gov, using the on the Complainants. Commission The Commission encourages ‘‘eLibrary’’ link and is available for electronic submission of protests and [Docket No. RP97–255–063] review in the Commission’s Public interventions in lieu of paper using the Reference Room in Washington, DC. ‘‘eFiling’’ link at http://www.ferc.gov. TransColorado Gas Transmission There is an ‘‘eSubscription’’ link on the Company; Notice of Negotiated Rate Persons unable to file electronically Web site that enables subscribers to should submit an original and 14 copies February 3, 2005. receive email notification when a of the protest or intervention to the Take notice that on January 31, 2005, document is added to a subscribed Federal Energy Regulatory Commission, TransColorado Gas Transmission docket(s). For assistance with any FERC 888 First Street, NE., Washington, DC Company (TransColorado) tendered for Online service, please e-mail 20426. filing as part of its FERC Gas Tariff, First [email protected], or call This filing is accessible on-line at Revised Volume No. 1, Eighth Revised (866) 208–3676 (toll free). For TTY, call http://www.ferc.gov, using the Sheet No. 21 and Fifth Revised Sheet (202) 502–8659. ‘‘eLibrary’’ link and is available for No. 22A , to be effective February 1, review in the Commission’s Public Magalie R. Salas, 2005. Reference Room in Washington, DC. TransColorado states that the filing is Secretary. There is an ‘‘eSubscription’’ link on the being made in compliance with the [FR Doc. E5–558 Filed 2–9–05; 8:45 am] Web site that enables subscribers to Commission’s letter order issued March BILLING CODE 6717–01–P receive e-mail notification when a
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document is added to a subscribed DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY docket(s). For assistance with any FERC Online service, please e-mail Federal Energy Regulatory Federal Energy Regulatory [email protected], or call Commission Commission (866) 208–3676 (toll free). For TTY, call [Docket No. ER01–1807–016, et al.] (202) 502–8659. Notice of New Docket Query Service in eLibrary Comment Date: February 23, 2005. Carolina Power & Light Company, et February 3, 2005. al.; Electric Rate and Corporate Filings Magalie R. Salas, Secretary. Take notice that, effective January 24, February 3, 2005. [FR Doc. E5–543 Filed 2–9–05; 8:45 am] 2005, the Commission added a New The following filings have been made Docket Query service to its eLibrary with the Commission. The filings are BILLING CODE 6717–01–P system. This service is accessible from listed in ascending order within each the Search New Docket Numbers (New docket classification. DEPARTMENT OF ENERGY Dockets) link on the eLibrary home 1. Carolina Power & Light Company, page. Florida Power Corporation Federal Energy Regulatory ‘‘New Dockets’’ enables any interested Commission [Docket Nos. ER01–1807–016 and ER01– person to determine the new docket or 2020–013] subdocket number for a new filing as Take notice that on January 31, 2005, [Docket No. EL05–56–000] soon as the docket or subdocket number Carolina Power & Light Company d/b/a is assigned. After a docket number is Progress Energy Carolinas, Inc. (CP&L) Connecticut Department of Public assigned to the new filing, Commission submitted a refund report pursuant to Utility Control Complainant, v. ISO New staff get the filing ready for eLibrary and the Commission’s order issued May 21, England and New England Power Pool issue a notice of filing. 2003 in Docket Nos. ER01–1807–005, et Respondent; Notice of Amended al., 103 FERC ¶ 61,209 (2003). Complaint and Extension of Time ‘‘New Dockets’’ works only for dockets or subdockets assigned on or CP&L states that copies of the filing February 4, 2005. after January 24, 2005. The query were served on the North Carolina defaults to the current date, but users Utilities Commission and the South On January 14, 2005, Connecticut Carolina Public Service Commission. Department of Public Utility Control may enter any date range beginning on or after January 24, 2005, provided the Comment Date: 5 p.m. eastern time on (CT DPUC), submitted a petition to the February 22, 2005. Commission for an order directing the range does not exceed 10 calendar days. New England Power Pool (NEPOOL) The query returns a list of dockets and 2. Allegheny Energy Supply Lincoln Generating Facility, LLC and ISO New England (ISO–NE) to subdockets assigned up to the time of amend the currently effective NEPOOL the query for the specified date or date [Docket No. ER01–2066–004] range. Open Access transmission Tariff Take notice that on January 31, 2004 (OATT) and the superseding OATT of For each new docket/subdocket in the Lincoln Generating Facility, LLC the Regional Transmission Organization query results, the list displays the (Lincoln) formerly, Allegheny Energy for New England (RTO–NE), approved docket or subdocket creation date, the Supply Lincoln Generating Facility, by the Commission in ISO New filed date, the docket description, and LLC, filed with the Commission a notice England, Inc.,106 FERC ¶ 61,280 (2004). the applicant(s). If the associated of change in status in connection with The Commission issued a Notice of document is in eLibrary at the time of the transfer of the membership interests Complaint on January 18, 2005, and the query, there is a link to the Docket that were held by Allegheny Energy established February 7, 2005, as the date or subdocket report. Supply Company, LLC in Lincoln, for comments and answers to the The results page also provides a link which owns and operates an approximately 672-megawatt generating complaint. On February 2, 2005, to the Commission’s eSubscription facility located in Manhattan, Illinois, to CTDPUC filed an amendment to its service so that users can subscribe to a the Grant Peaking Power Holdings, LLC original complaint. docket of interest and receive e-mail and Colbath Peaking Power, LLC. The Commission is hereby extending notification when documents are added Comment Date: 5 p.m. eastern time on the time to file answers to the to eLibrary. February 22, 2005. complaint, as amended on February 2, Questions about the ‘‘New Dockets’’ 3. Midwest Independent Transmission 2005. Accordingly, responses to service may be directed to Brooks Carter System Operator, Inc. CTCPUC’s complaint, as amended, are at 202–502–8145 or to be filed on or before February 22, [email protected]. If you need [Docket Nos. ER03–86–008, ER03–83–007] 2005. assistance or to report problems using Take notice that on January 28, 2004, ‘‘New Dockets,’’ e-mail the Midwest Independent Transmission Magalie R. Salas, [email protected] or call 1– System Operator, Inc. (Midwest ISO), Secretary. 866–208–3676 (toll free), or 202–502– submitted proposed revisions to the [FR Doc. E5–567 Filed 2–9–05; 8:45 am] 6652 (local). Midwest ISO open access transmission BILLING CODE 6717–01–P tariff, regarding the removal of all Magalie R. Salas, TRANSLink references from the OATT Secretary. in compliance with the Commission’s [FR Doc. E5–544 Filed 2–9–05; 8:45 am] order issued December 29, 2004 in BILLING CODE 6717–01–P Docket No. ER03–83–004, et al., 109 FERC ¶ 61,374. Midwest ISO requests an effective date of October 30, 2004.
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The Midwest ISO states that it has 6. PJM Interconnection, L.L.C. regard to the compliance directives in electronically served a copy of this Operating Companies, et al. Docket No. ER05–155–000. filing, with attachments, upon all [Docket Nos. ER04–776–002 and ER04–776– The ISO states that this filing has been Midwest ISO members, member 004] served upon all parties on the official representatives of Transmission Owners Take notice that on January 18, 2005, service list for the captioned docket. In and Non-Transmission Owners, the as amended on January 21, 2005, the addition, the ISO states it has posted Midwest ISO Advisory Committee Pennsylvania Public Utility Commission this filing on the ISO Home Page. participants, as well as all states (PaPUC) filed a State Certification Comment Date: 5 p.m. eastern time on commissions within the region. In setting out certain representations and February 22, 2005. addition, Midwest ISO states that the warranties with respect to the treatment 10. Allegheny Power filing has been electronically posted on of confidential information disclosed by [Docket No. ER05–512–000] the Midwest ISO’s Web site at http:// PJM Interconnection, L.L.C. and/or PJM www.midwestiso.org. under the heading Market Monitor pursuant to section Take notice that on January 31, 2005 ‘‘Filings to FERC’’ for other interested 18.17.4 of the Amended and Restated Monongahela Power Company, The Potomac Edison Company, and West parties in this matter. The Midwest ISO Operating Agreement of PJM Penn Power Company, all doing indicates that it will provide hard Interconnection, L.L.C. business as Allegheny Power, filed eight copies to any interested parties upon Comment Date: 5 p.m. eastern time on February 11, 2005. (8) First Revised Interconnection and request. Operating Agreements entered into with Comment Date: 5 p.m. eastern time on 7. California Independent System Allegheny Power’s affiliate, Allegheny February 18, 2005. Operator Corporation Energy Supply Company, LLC (AE Supply). Allegheny Power states that 4. Allegheny Power System Operating [Docket No. ER05–149–002] the purpose of the revisions is to add a Companies: Monongahela Power Take notice that on January 31, 2005, the California Independent System monthly charge to compensate Company; Potomac Edison Company; Allegheny Power for AE Supply’s use of and West Penn Power Company, All d/ Operator Corporation (ISO) submitted a filing in compliance with the Allegheny Power’s distribution system b/a Allegheny Power; PHI Operating to deliver the output of the generating Companies: Potomac Electric Power Commission’s December 30, 2004 Order in Docket Nos. ER05–149–000 through facilities to the Allegheny Power Company, Delmarva; Power & Light ER05–155–000, 109 FERC ¶ 61,391, with transmission system. Allegheny Power Company, and Atlantic City Electric regard to the compliance directives in requests an effective date of April 1, Company; Baltimore Gas and Electric Docket No. ER05–149–000. 2005. Company; Jersey Central Power & Light The ISO states that this filing has been Comment Date: 5 p.m. eastern time on Company; Metropolitan Edison served on all parties on the official February 22, 2005. Company; PECO Energy Company; service list for the captioned docket. In 11. PJM Interconnection, L.L.C. Pennsylvania Electric Company; PPL addition, the ISO states it has posted Electric Utilities Corporation; Public this filing on the ISO Home Page. [Docket No. ER05–513–000] Service Electric and Gas Company; Comment Date: 5 p.m. eastern time on Take notice that on January 31, 2005, Rockland Electric Company; UGI February 22, 2005. the PJM Transmission Owners, acting Utilities, Inc. through the PJM and West Transmission 8. California Independent System Owners Agreement Administrative [Docket No. ER04–156–006] Operator Corporation Committees, submitted revisions to Take notice that on January 31, 2005, [Docket No. ER05–151–002] Schedule 12 of the PJM Interconnection, Allegheny Power System Operating Take notice that on January 31, 2005, L.L.C. (PJM) Open Access Transmission Companies, et al. (PJM Settling the California Independent System Tariff, to establish the procedures by Transmission Owners) submitted a Operator Corporation (ISO submitted a which the PJM Transmission Owners filing on intra-PJM rate design pursuant filing in compliance with the may, if they so choose, recover the costs to the settlement agreement filed on Commission’s December 30, 2004 Order incurred in constructing new May 26, 2004 in Docket No. ER04–156– in Docket Nos. ER05–149–000 through transmission facilities and to harmonize 000, et al. ER05–155–000, 109 FERC ¶ 61,391, with the rate treatment of new and existing regard to the compliance directives in facilities. The PJM Transmission Comment Date: 5 p.m. eastern time on Docket No. ER05–151–000. Owners state that this filing is being February 22, 2005. The ISO states that this filing has been made to satisfy the obligation regarding 5. Diverse Power Incorporated served on all parties on the official the harmonization of rate treatment for service list and posted on the ISO Home new and existing facilities undertaken [Docket No. ER04–444–002] Page. by certain PJM Transmission Owners in Take notice that on January 31, 2005, Comment Date: 5 p.m. eastern time on the settlement agreement in Docket Nos. Diverse Power Incorporated, an Electric February 22, 2005. ER04–156–000, et al. (Settlement Agreement) approved by the Membership Corporation (Diverse 9. California Independent System Commission on August 9, 2004, Power) submitted for filing with the Operator Corporation Commission its triennial updated Allegheny Power System Operating Cos., [Docket No. ER05–155–002] et al., 108 FERC ¶ 61,167 (2004). The market analysis in accordance with Take notice that on January 31, 2005, PJM Transmission Owners state that the Appendix A of the Commission’s letter the California Independent System tariff sheets have an effective date of order issued January 30, 2002 in Docket Operator Corporation (ISO) submitted a June 1, 2005, in accordance with the No. ER02–476–000. filing in compliance with the Settlement Agreement. Comment Date: 5 p.m. eastern time on Commission’s December 30, 2004 Order The PJM Transmission Owners state February 22, 2005. in Docket Nos. ER05–149–000 through that copies of the filing were served ER05–155–000, 109 FERC ¶ 61,391, with upon all PJM Members, the regulatory
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commissions in the PJM Region and Facilities Agreements, submitted (Service Agreement) between SPP and parties listed on the official service list pursuant to the Procedures for Tex-La Electric Cooperative of Texas, in Docket Nos. ER04–156, et al. Implementation of section 3.3 of the Inc. (Tex-La), as well as an unexecuted Comment Date: 5 p.m. eastern time on 1987 Agreement between PG&E and the Network Operating Agreement (NOA) February 22, 2005. City and County of San Francisco (City) between SPP, Tex-La and American (Procedures) that were approved by this Electric Power Company (AEP). SPP 12. Avista Corporation Commission in Docket No. ER99–2532– seeks an effective date of January 1, [Docket No. ER05–514–000] 000 and recently updated in a 2005 for both the Service Agreement Take notice that on January 31, 2005, negotiated clarifying supplement filed and the NOA. Avista Corporation (Avista Corp) filed a in the parties’ settlement in Docket No. SPP states that both Tex-La and AEP Non-conforming Long-Term Firm Point- ER04–215–000. PG&E states that this is were served with a copy of this filing. to-Point Service Agreement between PG&E’s eighth quarterly filing submitted Comment Date: 5 p.m. eastern time on Avista Corp and the Spokane Tribe of pursuant to section 4 of the Procedures. February 22, 2005. PG&E states that copies of this filing Indians under Avista Corp’s FERC 18. Southwest Power Pool, Inc. Electric Tariff Volume No. 8. Avista have been served upon City, the Corp requests an effective date of April California Independent System Operator [Docket No. ER05–520–000] 1, 2005. Corporation, and the California Public Take notice that on January 31, 2005, Avista Corp states that copies of the Utilities Commission. Southwest Power Pool, Inc. (SPP) filing were served on the Spokane Tribe Comment Date: 5 p.m. eastern time on submitted for filing an unexecuted of Indians. February 22, 2005. service agreement for Network Comment Date: 5 p.m. eastern time on 15. PJM Interconnection, L.L.C. Integration Transmission Service February 22, 2005. (Service Agreement) between SPP and [Docket No. ER05–517–000] 13. Baltimore Gas and Electric East Texas Electric Cooperative (ETEC), Take notice that on January 31, 2005, Company and Pepco Holdings, Inc. as well as an unexecuted Network PJM Interconnection, L.L.C. (PJM), Operating Affiliates: Potomac Electric Operating Agreement (NOA) between submitted for filing an executed Power Company, Delmarva Power & SPP, ETEC and American Electric Power interconnection service agreement Light Company, and Atlantic City Company. SPP seeks an effective date of among PJM, FirstEnergy Nuclear Electric Company January 1, 2004 for both the Service Operating Company, Duquesne Light Agreement and the NOA. [Docket No. ER05–515–000] Company, and American Transmission SPP states that ETEC and American Take notice that on January 31, 2005, Systems, Inc. PJM requests an effective Electric Power Company were served Baltimore Gas and Electric Company date of January 1, 2005. with a copy of this filing. (BGE) and the public utility operating PJM states that copies of this filing Comment Date: 5 p.m. eastern time on affiliates of Pepco Holdings, Inc.: were served on the parties to the February 22, 2005. Potomac Electric Power Company, agreement and the state regulatory 19. ISO New England Inc. Delmarva Power and Light Company, commissions within the PJM region. and Atlantic City Electric Company Comment Date: 5 p.m. eastern time on [Docket No. ER05–521–000] (collectively, the Transmission Owners) February 22, 2005. Take notice that on January 31, 2005, tendered for filing revised sheets to the 16. Southern Company Services, Inc. ISO New England Inc. (the ISO) PJM Interconnection, L.L.C. Open submitted an unexecuted market Access Transmission Tariff to [Docket No. ER05–518–000] participant service agreement (MPSA) implement a transmission cost of Take notice that, on January 31, 2005, on behalf of certain entities, identified service formula rate for the Southern Company Services, Inc. acting in the filing, that are currently New Transmission Owners. A June 1, 2005 as agent for Alabama Power Company, England Power Pool Participants. The effective date is requested. Georgia Power Company, Gulf Power ISO proposes to include the MPSA BGE and the Transmission Owners Company, Mississippi Power Company, within Attachment E of the ISO’s state that a copy of the filing is being and Savannah Electric and Power Transmission, Markets and Service served on representatives of PJM, the Company (collectively, Southern Tariff, FERC Electric Tariff No. 3, as public utility commissions of each state Companies), filed a transmission service Service Agreement No. 1. The ISO states in which the Transmission Owners agreement designated as Third Revised that MPSA sets the basic terms and operate, and the PJM members (which Service Agreement No. 472 under the conditions under which the ISO will includes all affected transmission Open Access Transmission Tariff of provide services and a Market customers), and is also available for Southern Companies, FERC Electric Participant may participate in the inspection at the Transmission Owners’ Tariff, Fourth Revised Volume No. 5. markets and programs administered by offices. BGE and the Transmission Southern Companies state that a copy the ISO as a regional transmission Owners further state that the filing is of the filing was forwarded to Morgan organization. being posted on the ListServ compiled Stanley Capital Group, the counterparty The ISO also submitted an in Docket No. ER04–156, and on the to the agreement. unexecuted Transmission Service PJM Web site, http://www.PJM.com. Comment Date: 5 p.m. eastern time on Agreement for Regional Network Comment Date: 5 p.m. eastern time on February 22, 2005. Service (TSA–RNS) on behalf of the February 22, 2005. 17. Southwest Power Pool, Inc. following entities: MassDevelopment; 14. Pacific Gas and Electric Company Miller Hydro Group; Princeton [Docket No. ER05–519–000] Municipal Light Department; and Town [Docket No. ER05–516–000] Take notice that on January 31, 2005, of Wolfeboro Municipal Electric Take notice that on January 28, 2005, Southwest Power Pool, Inc. (SPP) Department. The ISO states that it Pacific Gas and Electric Company submitted for filing an unexecuted proposes to include the TSA–RNS (PG&E) tendered for filing two Large service agreement for Network within Attachment E of the ISO’s Facilities Agreements and nine Small Integration Transmission Service Transmission, Markets and Service
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Tariff, FERC Electric Tariff No. 3, as SPP states that both NTEC and AEP Electric Company and Cambridge Service Agreement No. 3. The ISO states were served with a copy of this filing. Electric Light Company; The United that the ISA–RNS sets the basic terms Comment Date: 5 p.m. eastern time on Illuminating Company; Unitil Energy and conditions under which the ISO February 22, 2005. Systems, Inc.; and Vermont Electric will provide and a Transmission 22. Lincoln Generating Facility, LLC Power Company), submitted large Customer will receive Regional Network generator interconnection procedures Service. [Docket No. ER05–524–000] and a large generator interconnection The ISO also submitted a Service Take notice that on January 31, 2005, agreement and related changes to the Agreement No. 3 within Attachment E Lincoln Generating Facility, LLC ISO–New England Transmission, of the ISO’s Transmission, Markets and (Lincoln) filed (1) a notice of succession markets and services tariff in Service Tariff, FERC Electric Tariff No. to notify the Commission that, as a compliance with the orders issued by 3, for future use in the event that result of a name change, Lincoln has the Commission on March 24, 2004, 106 unexecuted service agreements need to succeeded to the FERC Rate Schedule FERC ¶ 61,280 (2004) and November 8, be filed for the provision of Through or (rate schedule) of Allegheny Energy 2004, 109 FERC ¶ 61,155 (2004). Out Service to entities not required to Supply Lincoln Generating Facility, execute the Market Participant Service LLC, and (2) amendments to the rate ISO–NE states that copies of said Agreement. schedule to reflect the fact that Lincoln filing have been served upon all parties The ISO states that copies of the filing is no longer affiliated with Allegheny to this proceeding, upon all NEPOOL were sent to the New England state Energy, Inc. or any of its affiliates, or Participants (electronically), non- governors and regulatory agencies and any other electric utility with a Participant Transmission Customers, the Participants in NEPOOL. franchised service territory. Lincoln and the governors and regulatory Comment Date: 5 p.m. eastern time on requests an effective date of December agencies of the six New England states. February 22, 2005. 31, 2004. Comment Date: 5 p.m. eastern time on 20. Bluegrass Generation Company, Comment Date: 5 p.m. eastern time on February 18, 2005. February 22, 2005. L.L.C. Standard Paragraph [Docket No. ER05–522–000] 23. Sun River Electric Cooperative, Inc. Any person desiring to intervene or to Take notice that on January 31, 2005, [Docket Nos. ES05–16–000, ES05–16–001] protest this filing must file in Bluegrass Generation Company, L.L.C. Take notice that on January 11, 2005, accordance with Rules 211 and 214 of (Bluegrass) submitted for filing a rate and as amended on January 28, 2005, the Commission’s Rules of Practice and schedule under which it specifies its Sun River Electric Cooperative, Inc. Procedure (18 CFR 385.211 and revenue requirement for providing cost- (Sun River) submitted an application 385.214). Protests will be considered by based Reactive Support and Voltage pursuant to section 204 of the Federal the Commission in determining the Control from a natural gas-fired peaking Power Act seeking authorization to appropriate action to be taken, but will generating facility located in Oldham, borrow money pursuant to a loan Kentucky, which is interconnected with agreement with the National Rural not serve to make protestants parties to the transmission system of Louisville Utilities Cooperative Finance the proceeding. Any person wishing to Gas and Electric Company (LG&E), Corporation (CFC) in an amount not to become a party must file a notice of currently a participant in the Midwest exceed $14,799,188. Sun River requests intervention or motion to intervene, as Independent Transmission System a waiver from the Commission’s appropriate. Such notices, motions, or Operator, Inc. (Midwest ISO). Bluegrass competitive bidding and negotiated protests must be filed on or before the requests an effective date of March 1, placement requirements at 18 CFR 34.2. comment date. Anyone filing a motion 2005. Comment Date: 5 p.m. eastern time on to intervene or protest must serve a copy Bluegrass states that it has provided February 14, 2005. of that document on the Applicant and copies of the filing to the designated all parties to this proceeding. corporate officials and or 24. ISO New England Inc. et al., Bangor Hydro-Electric Company, et al. The Commission encourages representatives of LG&E, the Midwest electronic submission of protests and ISO, and the Kentucky Public Service [Docket Nos. RT04–2–011, ER04–116–011, interventions in lieu of paper using the Commission. and ER04–432–004] ‘‘eFiling’’ link at http://www.ferc.gov. Comment Date: 5 p.m. eastern time on Take notice that on January 28, 2005, Persons unable to file electronically February 22, 2005. ISO New England Inc., (ISO–NE) and should submit an original and 14 copies 21. Southwest Power Pool, Inc. the New England transmission owners of the protest or intervention to the (consisting of Bangor Hydro-Electric [Docket No. ER05–523–000] Federal Energy Regulatory Commission, Company; Central Maine Power 888 First Street, NE., Washington, DC Take notice that on January 31, 2005, Company; Fitchburg Gas and Electric 20426. Southwest Power Pool, Inc. (SPP) Light Company; Maine Electric Power submitted for filing an unexecuted Company; New England Power This filing is accessible on-line at service agreement for Network Company; Northeast Utilities Service http://www.ferc.gov, using the Integration Transmission Service Company on behalf of its operating ‘‘eLibrary’’ link and is available for (Service Agreement) between SPP and companies, The Connecticut Light and review in the Commission’s Public Northeast Texas Electric Cooperative Power Company, Western Reference Room in Washington, DC. (NTEC), as well as an unexecuted Massachusetts Electric Company, Pubic There is an ‘‘eSubscription’’ link on the Network Operating Agreement (NOA) Service Company of New Hampshire, Web site that enables subscribers to between SPP, NTEC and American Holyoke Power and Electric Company receive email notification when a Electric Power Company (AEP). SPP and Holyoke Water Power Company; document is added to a subscribed seeks an effective date of January 1, NSTAR Electric and Gas Corporation on docket(s). For assistance with any FERC 2005 for both the Service Agreement behalf of its operating affiliates, Boston Online service, please email and the NOA. Edison Company, Commonwealth [email protected], or call
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(866) 208–3676 (toll free). For TTY, call Salas, Secretary, Federal Energy in the Public Reference Room or may be (202) 502–8659. Regulatory Commission, 888 First viewed on the Commission’s Web site at Street, NE., Washington, DC 20426. Linda Mitry, http://www.ferc.gov using the Comments may be filed electronically ‘‘eLibrary’’ link. Enter the docket Deputy Secretary. via the Internet in lieu of paper; see 18 number, excluding the last three digits [FR Doc. E5–564 Filed 2–9–05; 8:45 am] CFR 385.2001(a)(1)(iii) and the in the docket number field (P–2100), to BILLING CODE 6717–01–P instructions on the Commission’s Web access the document. For assistance, site (http://www.ferc.gov) under the ‘‘e- contact FERC Online Support at Filing’’ link. After logging into the e- DEPARTMENT OF ENERGY [email protected], or toll- Filing system, select ‘‘Comment on free at 1–866–208–3676, or for TTY, Filing’’ from the Filing Type Selection Federal Energy Regulatory (202) 502–8659. A copy is also available screen and continue with the filing and Commission process. The Commission strongly for inspection and reproduction at the [Project No. 2100–052] encourages electronic filing. address in item h above. l. Status: This application has not You may also register online at California Department of Water been accepted for filing. We are not http://www.ferc.gov/esubscribenow.htm Resources; Notice of Application and soliciting motions to intervene, protests, to be notified via e-mail of new filings Applicant Prepared Environmental or final terms and conditions at this and issuances related to this or other Assessment Tendered for Filing With time. pending projects. For assistance, contact the Commission, and Establishing m. Description of Project: The FERC Online Support. Procedural Schedule for Relicensing Oroville Facilities are located on the and Deadline for Submission of Final Feather River in the foothills of the o. With this notice, we are initiating Amendments Sierra Nevada in Butte County, consultation with the California State California. Oroville Dam is located 5 Historic Preservation Officer (SHPO), as February 3, 2005. miles east of the City of Oroville and required by section 106, National Take notice that the following about 130 miles northeast of San Historic Preservation Act, and the hydroelectric application has been filed Francisco. The Oroville Facilities are regulations of the Advisory Council on with the Commission and is available part of the State Water Project (SWP), a Historic Preservation, 36 CFR 800.4. for public inspection. water storage and delivery system of p. Procedural Schedule and Final a. Type of Application: New—major reservoirs, aqueducts, power plants, and license. Amendments: The application will be pumping plants. One of the two main processed according to the following b. Project No.: 2100–52. purposes of the SWP is to store and Hydro Licensing Schedule. Revisions to c. Date Filed: January 26, 2005. distribute water to supplement the the schedule will be made if the d. Applicant: California Department needs of urban and agricultural water of Water Resources. users in Northern California, the San Commission determines it necessary to e. Name of Project: Oroville Facilities. Francisco Bay Area, the San Joaquin do so: f. Location: On the Feather River near Valley Central Coast, and Southern Oroville, California. The project affects Tentative California. The Oroville Facilities are Milestone date Federal lands. also operated for flood management, g. Filed Pursuant to: Federal Power power generation, water quality Issue Acceptance/Deficiency Apr. 2005. Act, 16 U.S.C. 791(a)–825(r). improvement in the Sacramento-San Letter and request Additional h. Applicant Contact: Henry M. Joaquin Delta (Delta), recreation, and Information, if needed. ‘‘Rick’’ Ramirez, Program Manager, fish and wildlife enhancement. Notice asking for final terms and Aug. 2005. Oroville Facilities Relicensing Program, The existing facilities encompass conditions. California Department of Water 41,100 acres and include Oroville Dam, Notice of the availability of the Apr. 2006. Resources, 1416 9th Street, Sacramento, Lake Oroville, three power plants (Hyatt draft EIS. California 95814. Phone: 916–657–4963. Pumping-Generating Plant, Thermalito Notice of the availability of the Oct. 2006. E-mail: [email protected]. Diversion Dam Powerplant, and final EIS. i. FERC Contact: James Fargo at (202) Thermalito Pumping-Generating Plant), Ready for Commission’s deci- Jan. 2007. 502–6211, or [email protected]. Thermalito Diversion Dam, the Feather sion on the application. j. Cooperating Agencies: We are River Fish Hatchery and Fish Barrier asking Federal, State, local, and tribal Dam, Thermalito Power Canal, the Final amendments to the application agencies with jurisdiction and/or Oroville Wildlife Area, Thermalito must be filed with the Commission no special expertise with respect to Forebay, Thermalito Forebay Dam, later than 30 days from the issuance environmental issues to cooperate with Thermalito Afterbay, Thermalito date of the notice soliciting final terms us in the preparation of the Afterbay Dam, and transmission lines, and conditions. environmental document. Agencies who as well as a number of recreational would like to request cooperating status facilities. Magalie R. Salas, should follow the instructions for filing Oroville Dam, along with two small Secretary. comments described in item k below. saddle dams, impounds Lake Oroville, a [FR Doc. E5–550 Filed 2–9–05; 8:45 am] Agencies granted cooperating status will 3.5 million acre-foot capacity storage BILLING CODE 6717–01–P be precluded from being an intervenor reservoir with a surface area of 15,810 in this proceeding consistent with the acres at its normal maximum operating Commission’s regulations. level. The hydroelectric units at the k. Deadline for Requests for Oroville Facilities have a combined Cooperating Agency Status: 60 days licensed generating capacity of from the date of this notice. approximately 762 MW. All documents (original and eight n. A copy of the application is copies) should be filed with: Magalie R. available for review at the Commission
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DEPARTMENT OF ENERGY e. Name of Project: Bond Falls located at 888 First Street, NE., Room Hydroelectric Project No. 1864. 2A, Washington, DC 20426, or by calling Federal Energy Regulatory f. Location: The project is located on (202) 502–8371. This filing may also be Commission the Ontonagon River in Ontonagon and viewed on the Commission’s Web site at Gogebic Counties, Michigan and Vilas [Project No. 12132–001] http://www.ferc.gov using the County, Wisconsin. ‘‘eLibrary’’ link. Enter the docket Lake Altoona Water Power Company, g. Filed Pursuant to: Federal Power number excluding the last three digits in Inc.; Notice of Surrender of Preliminary Act, 16 USC 791(a) 825(r) and 799 and the docket number field to access the Permit 801. document. You may also register online h. Applicant Contacts: Terry P. at http://www.ferc.gov/docs-filing/ February 3, 2005. Jensky, 700 N. Adams Street, P.O. Box esubscription.asp to be notified via Take notice that Lake Altoona Water 19001, Green Bay, WI 54307–9001. email of new filings and issuances Power Company, Inc., permittee for the Phone: (920) 433–2277. related to this or other pending projects. proposed Lake Altoona Dam Project, has i. FERC Contact: Any questions on For assistance, call 1–866–208–3676 or requested that its preliminary permit be this notice should be addressed to Mr. e-mail [email protected], terminated. The permit was issued on Robert Fletcher at (202) 502–8901, or e- for TTY, call (202) 502–8659. A copy is June 5, 2002, and would have expired mail address: [email protected]. also available for inspection and j. Deadline for filing comments and or on May 31, 2005.1 The project would reproduction at the address in item (h) have been located at the existing motions: March 3, 2005. k. Description of Request: The Bond above. county-owned dam on the Eau Claire Falls Project Implementation Team, m. Individuals desiring to be included River in Eau Claire County, Wisconsin. which consists of the licensee, Michigan on the Commission’s mailing list should The permittee filed the request on Department of Natural Resources, U.S. so indicate by writing to the Secretary January 25, 2005, and the preliminary Fish and Wildlife Service, Keweenaw of the Commission. permit for Project No. 12132 shall Bay Indian Community, Wisconsin n. Comments, Protests, or Motions To remain in effect through the thirtieth Department of Natural Resources, and Intervene—Anyone may submit day after issuance of this notice unless the U.S. Forest Service agreed to comments, a protest, or a motion to that day is a Saturday, Sunday, part-day temporary modifications to the existing intervene in accordance with the holiday that affects the Commission, or license requirements for articles 401 and requirements of Rules of Practice and legal holiday as described in section 18 402 during the 2005 season. The Procedure, 18 CFR 385.210, .211, .214. CFR 385.2007, in which case the licensee requests the following In determining the appropriate action to effective date is the first business day temporary modification to the reservoir take, the Commission will consider all following that day. New applications elevation requirements in article 401: protests or other comments filed, but involving this project site, to the extent Change the June–September End of the only those who file a motion to provided for under 18 CFR part 4, may Month Target levels to 1295.9 feet mean intervene in accordance with the be filed on the next business day. sea level (msl) for the month of June (0.2 Commission’s Rules may become a Magalie R. Salas, feet higher than current requirement); party to the proceeding. Any comments, Secretary. 1295.7 feet msl for the month of July protests, or motions to intervene must be received on or before the specified [FR Doc. E5–547 Filed 2–9–05; 8:45 am] (same as current requirement); and comment date for the particular BILLING CODE 6717–01–P 1295.5 feet msl for the period August– September (0.2 feet lower than current application. requirement). For article 402, the o. Filing and Service of Responsive DEPARTMENT OF ENERGY licensee proposes a change in the Documents—Any filings must bear in minimum flow trigger elevations to all capital letters the title Federal Energy Regulatory match the proposed target elevations: ‘‘COMMENTS’’, Commission 1295.9 feet msl for the month of June ‘‘RECOMMENDATIONS FOR TERMS (1295.4 in current license); 1295.7 feet AND CONDITIONS’’, ‘‘PROTEST’’, OR [Project No. 1864–036] msl for the month of July; and 1295.5 ‘‘MOTION TO INTERVENE’’, as Upper Peninsula Power Company; feet msl for August 1 through September applicable, and the Project Number of Notice of Application for Temporary 14. When the Bergland Development the particular application to which the Amendment of License and Soliciting elevation is greater than the trigger filing refers (p–1864–036). All Comments, Motions To Intervene, and elevation during the period June documents (original and eight copies) Protests through September 14, the minimum should be filed with: Magalie R. Salas, flow requirement for the Bergland Dam Secretary, Federal Energy Regulatory February 3, 2005. is 50 cubic feet per second (cfs). When Commission, 888 First Street, NE., Take notice that the following the Bergland Development is at or below Washington DC 20426. A copy of any application has been filed with the the trigger elevations during the period motion to intervene must also be served Commission and is available for public June through September 14, the upon each representative of the inspection. minimum flow requirement for Applicant specified in the particular a. Type of Application: Request to Bergland Dam is 30 cfs. After the 2005 application. temporarily amend the reservoir season, the licensee and other members p. Agency Comments—Federal, State, elevation requirements of article 401 of the Implementation Team will make and local agencies are invited to file and 402 of the project license. a decision as to whether additional comments on the described application. b. Project Number: P–1864–036. changes are needed for the following A copy of the application may be c. Date Filed: January 6, 2005. year. obtained by agencies directly from the d. Applicant: Upper Peninsula Power l. Locations of the Application: A Applicant. If an agency does not file Company. copy of the application is available for comments within the time specified for inspection and reproduction at the filing comments, it will be presumed to 1 99 FERC ¶ 62,161. Commission’s Public Reference Room, have no comments. One copy of an
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agency’s comments must also be sent to or documents with the Commission its February 9, 2005 open meeting. The the Applicant’s representatives. relating to the merits of an issue that new feature (eFiling version 6.0) will q. Comments, protests and may affect the responsibilities of a allow filers to enter all applicable party interventions may be filed electronically particular resource agency, they must and contact names for a particular filing. via the Internet in lieu of paper. See, 18 also serve a copy of the document on This demonstration will not be CFR 385.2001(a)(1)(iii) and the that resource agency. broadcast by Capitol Connection. It will instructions on the Commission’s Web Comments may be filed electronically last about 15 minutes and Commisssion site at http://www.ferc.gov under the ‘‘e- via the Internet in lieu of paper. The staff be available for questions. Filing’’ link. Commission strongly encourages electronic filings. See 18 CFR Magalie R. Salas, Magalie R. Salas, 385.2001(a)(1)(iii) and the instructions Secretary. Secretary. of the Commission’s Web site (http:// [FR Doc. E5–545 Filed 2–9–05; 8:45 am] [FR Doc. E5–549 Filed 2–9–05; 8:45 am] www.ferc.gov) under the ‘‘e-filing’’ link. BILLING CODE 6717–01–P BILLING CODE 6717–01–P k. NYSEG filed a settlement agreement on the resolution of issues related to the relicensing proceeding for ENVIRONMENTAL PROTECTION DEPARTMENT OF ENERGY the Saranac River Project. NYSEG filed AGENCY this settlement agreement on behalf of Federal Energy Regulatory itself and 6 other stakeholders. The [FRL–7871–8] Commission settlement agreement includes Notice of Meeting of the EPA’s [Project No. 2738–054] provisions for run-of-river operation, Children’s Health Protection Advisory bypass flows, fish protection measures, Committee (CHPAC) New York State Electric & Gas fish habitat and stocking fund, flow and Corporation (NYSEG); Notice of water level monitoring, and recreation AGENCY: Environmental Protection Settlement Agreement and Soliciting enhancements. Agency (EPA). Comments l. A copy of the settlement agreement ACTION: Notice of meeting. is available for review at the January 5, 2005. Commission in the Public Reference SUMMARY: Pursuant to the provisions of Take notice that the following Room or may be viewed on the the Federal Advisory Committee Act, settlement agreement has been filed Commission’s Web site at http://www. Public Law 92–463, notice is hereby with the Commission and is available ferc.gov, using the ‘‘eLibrary’’ link. Enter given that the next meeting of the for public inspection. the docket number, excluding the last Children’s Health Protection Advisory a. Type of Application: Settlement three digits in the docket number field Committee (CHPAC) will be held agreement. to access the document. For assistance, February 22–24, 2005 at the Hotel b. Project No.: 2738–054. contact FERC Online Support at Washington, Washington, DC. The c. Date Filed: January 3, 2003. [email protected] or toll- CHPAC was created to advise the d. Applicant: New York State Electric free at 1–866–208–3676, or for TTY, Environmental Protection Agency on & Gas Corporation (NYSEG). (202) 502–8659. A copy is also available science, regulations, and other issues e. Name of Project: Saranac River for inspection and reproduction at the relating to children’s environmental Hydroelectric Project. address in item h above. health. f. Location: Located on the Saranac You may also register online at DATES: The Science and Regulatory River, in Clinton County, New York. http://www.ferc.gov/docs-filing/ Work Groups will meet Tuesday, The project does not occupy Federal esubscription.asp to be notified via e- February 22; Plenary sessions will take lands. mail of new filings and issuances place Wednesday, February 23 and g. Filed Pursuant to: Rule 602 of the related to this or other pending projects. Thursday, February 24. Commission’s Rules of Practice and For assistance, contact FERC Online ADDRESSES: Hotel Washington, 515 15th Procedure, 18 CFR 385.602. Support. h. Applicant Contact: Carol Howland, Street, NW., Washington, DC. New York State Electric & Gas Magalie R. Salas, FOR FURTHER INFORMATION CONTACT: Corporation, James A. Carrigg Center, 18 Secretary. Contact Joanne Rodman, Office of Link Drive, PO Box 5224, Binghamton, [FR Doc. E5–551 Filed 2–9–05; 8:45 am] Children’s Health Protection, USEPA, NY 13902 (607) 762–8881. BILLING CODE 6717–01–P MC 1107A, 1200 Pennsylvania Avenue, i. FERC Contact: Tom Dean at (202) NW., Washington, DC 20460, (202) 564– 502–6041. 2188, [email protected]. j. Deadline for Filing Comments: 20 DEPARTMENT OF ENERGY SUPPLEMENTARY INFORMATION: The days from the issuance date of this meetings of the CHPAC are open to the notice; reply comments are due 30 days Federal Energy Regulatory public. The Science and Regulatory from the issuance date of this notice. Commission Work Groups will meet Tuesday, February 22 from 9 a.m. to 5 p.m. The All documents (original and eight Notice of Demonstration of Efiling plenary CHPAC will meet on copies) should be filed with: Magalie R. Feature To Facilitate Electronic Service Salas, Secretary, Federal Energy Wednesday, February 23 from 9 a.m. to Regulatory Commission, 888 First February 3, 2005. 5 p.m., with a public comment period Street, NE., Washington, DC 20426. On Wednesday, February 9, 2005, at at 5:15 p.m., and on Thursday, February The Commission’s Rules of Practice 1 p.m., in the Commission Meeting 24 from 8:45 a.m. to 12 p.m. require all intervenors filing documents Room, the Commission’s Staff will The plenary session will open with with the Commission to serve a copy of demonstrate a new feature of the introductions and a review of the that document on each person on the Commission’s eFiling system that will agenda and objectives for the meeting. official service list for the project. facilitate the electronic service initiative Agenda items include highlights of the Further, if an intervenor files comments to be considered by the Commission in Office of Children’s Health Protection
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(OCHP) activities and a presentation on proposing the establishment of whose disclosure is restricted by statute. assessing cancer risks from early life regulations for residues of a certain The official public docket is the exposure. Other potential agenda items pesticide chemical in or on various food collection of materials that is available include a panel discussion of the NAS commodities. for public viewing at the Public review of EPA’s Perchlorate Risk DATES: Comments, identified by docket Information and Records Integrity Assessment, and a presentation on identification (ID) number OPP–2005– Branch (PIRIB), Rm. 119, Crystal Mall PBDE. 0010, must be received on or before #2, 1801 S. Bell St., Arlington, VA. This Dated: February 2, 2005. March 14, 2005. docket facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, Elizabeth H. Blackburn, ADDRESSES: Comments may be excluding legal holidays. The docket Acting Designated Federal Official. submitted electronically, by mail, or through hand delivery/courier. Follow telephone number is (703) 305–5805. 2. Electronic access. You may access U.S. Environmental Protection Agency the detailed instructions as provided in this Federal Register document Unit I. of the SUPPLEMENTARY Children’s Health Protection Advisory electronically through the EPA Internet Committee, Hotel Washington, 515 15th INFORMATION. under the ‘‘Federal Register’’ listings at Street, NW., Washington, DC 20004– FOR FURTHER INFORMATION CONTACT: Keri http://www.epa.gov/fedrgstr/. 1099, February 22–24, 2005 Grinstead, Registration Division An electronic version of the public Draft Agenda (7505C), Office of Pesticide Programs, docket is available through EPA’s Environmental Protection Agency, 1200 electronic public docket and comment Tuesday, February 22, 2005 Pennsylvania Ave., NW., Washington, system, EPA Dockets. You may use EPA Work Group Meetings DC 20460–0001; telephone number: Dockets at http://www.epa.gov/edocket/ (703) 308–8373; e-mail to submit or view public comments, Wednesday, February 23, 2005 address:[email protected]. access the index listing of the contents Plenary Session of the official public docket, and to SUPPLEMENTARY INFORMATION: 9:00 Welcome, Introductions, Review access those documents in the public Meeting Agenda I. General Information docket that are available electronically. Although, not all docket materials may 9:15 Highlights of Recent OCHP A. Does this Action Apply to Me? Activities be available electronically, you may still You may be potentially affected by 9:45 Presentation: Cancer Guidelines access any of the publicly available this action if you an agricultural Update docket materials through the docket 10:15 Break producer, food manufacturer, or facility identified in Unit I.B.1. Once in 10:30 Science and Regulatory pesticide manufacturer. Potentially the system, select ‘‘search,’’ then key in Workgroup Reports affected entities may include, but are the appropriate docket ID number. not limited to: Certain types of information will not 12:00 Lunch (on your own) • 1:30 Panel Discussion: NAS Review of Crop production (NAICS 111) be placed in the EPA Dockets. • Animal production (NAICS 112) Information claimed as CBI and other EPA’s Perchlorate Risk Assessment • 3:00 Break Food manufacturing (NAICS 311) information whose disclosure is • 3:30 Presentation and Discussion: Pesticide manufacturing (NAICS restricted by statute, which is not OCHP Strategic Plan 32532) included in the official public docket, 5:15 Public Comment This listing is not intended to be will not be available for public viewing exhaustive, but rather provides a guide in EPA’s electronic public docket. EPA’s Thursday, February 24, 2005 for readers regarding entities likely to be policy is that copyrighted material will 8:45 Discussion of Day One affected by this action. Other types of not be placed in EPA’s electronic public 9:00 Presentation: PBDE Update entities not listed in this unit could also docket but will be available only in 10:15 Break be affected. The North American printed, paper form in the official public 10:45 Presentation: Update on EPA’s Industrial Classification System docket. To the extent feasible, publicly Response to CHPAC Mercury (NAICS) codes have been provided to available docket materials will be made Comment Letters assist you and others in determining available in EPA’s electronic public 11:45 Wrap Up/Next Steps whether this action might apply to docket. When a document is selected [FR Doc. 05–2611 Filed 2–9–05; 8:45 am] certain entities. If you have any from the index list in EPA Dockets, the system will identify whether the BILLING CODE 6560–50–P questions regarding the applicability of this action to a particular entity, consult document is available for viewing in the person listed under FOR FURTHER EPA’s electronic public docket. ENVIRONMENTAL PROTECTION INFORMATION CONTACT. Although, not all docket materials may be available electronically, you may still AGENCY B. How Can I Get Copies of this access any of the publicly available Document and Other Related [OPP–2005–0010; FRL–7695–9] docket materials through the docket Information? facility identified in Unit I.B. EPA Alkyl Ether Amine Dicarboxyethyl 1. Docket. EPA has established an intends to work towards providing Sodium Salts; Notice of Filing a official public docket for this action electronic access to all of the publicly Pesticide Petition to Establish a under docket ID number OPP–2005– available docket materials through Tolerance Exemption for a Certain 0010. The official public docket consists EPA’s electronic public docket. Pesticide Chemical in or on Food of the documents specifically referenced For public commenters, it is AGENCY: Environmental Protection in this action, any public comments important to note that EPA’s policy is Agency (EPA). received, and other information related that public comments, whether ACTION: Notice. to this action. Although, a part of the submitted electronically or on paper, official docket, the public docket does will be made available for public SUMMARY: This notice announces the not include Confidential Business viewing in EPA’s electronic public initial filing of a pesticide petition Information (CBI) or other information docket as EPA receives them and
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without change, unless the comment comment due to technical difficulties or by e-mail. You may claim contains copyrighted material, CBI, or and cannot contact you for clarification, information that you submit to EPA as other information whose disclosure is EPA may not be able to consider your CBI by marking any part or all of that restricted by statute. When EPA comment. information as CBI (if you submit CBI identifies a comment containing i. EPA Dockets. Your use of EPA’s on disk or CD ROM, mark the outside copyrighted material, EPA will provide electronic public docket to submit of the disk or CD ROM as CBI and then a reference to that material in the comments to EPA electronically is identify electronically within the disk or version of the comment that is placed in EPA’s preferred method for receiving CD ROM the specific information that is EPA’s electronic public docket. The comments. Go directly to EPA Dockets CBI). Information so marked will not be entire printed comment, including the at http://www.epa.gov/edocket/, and disclosed except in accordance with copyrighted material, will be available follow the online instructions for procedures set forth in 40 CFR part 2. in the public docket. submitting comments. Once in the In addition to one complete version of Public comments submitted on system, select ‘‘search,’’ and then key in the comment that includes any computer disks that are mailed or docket ID number OPP–2005–0010. The information claimed as CBI, a copy of delivered to the docket will be system is an ‘‘anonymous access’’ the comment that does not contain the transferred to EPA’s electronic public system, which means EPA will not information claimed as CBI must be docket. Public comments that are know your identity, e-mail address, or submitted for inclusion in the public mailed or delivered to the docket will be other contact information unless you docket and EPA’s electronic public scanned and placed in EPA’s electronic provide it in the body of your comment. docket. If you submit the copy that does public docket. Where practical, physical ii. E-mail. Comments may be sent by not contain CBI on disk or CD ROM, objects will be photographed, and the e-mail to [email protected], mark the outside of the disk or CD ROM photograph will be placed in EPA’s Attention: Docket ID number OPP– clearly that it does not contain CBI. electronic public docket along with a 2005–0010. In contrast to EPA’s Information not marked as CBI will be brief description written by the docket electronic public docket, EPA’s e-mail included in the public docket and EPA’s staff. system is not an ‘‘anonymous access’’ electronic public docket without prior system. If you send an e-mail comment C. How and to Whom Do I Submit notice. If you have any questions about directly to the docket without going Comments? CBI or the procedures for claiming CBI, through EPA’s electronic public docket, please consult the person listed under You may submit comments EPA’s e-mail system automatically FOR FURTHER INFORMATION CONTACT. electronically, by mail, or through hand captures your e-mail address. E-mail delivery/courier. To ensure proper addresses that are automatically E. What Should I Consider as I Prepare receipt by EPA, identify the appropriate captured by EPA’s e-mail system are My Comments for EPA? docket ID number in the subject line on included as part of the comment that is You may find the following the first page of your comment. Please placed in the official public docket, and suggestions helpful for preparing your ensure that your comments are made available in EPA’s electronic comments: submitted within the specified comment public docket. 1. Explain your views as clearly as period. Comments received after the iii. Disk or CD ROM. You may submit possible. close of the comment period will be comments on a disk or CD ROM that 2. Describe any assumptions that you marked ‘‘late.’’ EPA is not required to you mail to the mailing address used. consider these late comments. If you identified in Unit I.C.2. These electronic 3. Provide copies of any technical wish to submit CBI or information that submissions will be accepted in information and/or data you used that is otherwise protected by statute, please WordPerfect or ASCII file format. Avoid support your views. follow the instructions in Unit I.D. Do the use of special characters and any 4. If you estimate potential burden or not use EPA Dockets or e-mail to submit form of encryption. costs, explain how you arrived at the CBI or information protected by statute. 2. By mail. Send your comments to: estimate that you provide. 1. Electronically. If you submit an Public Information and Records 5. Provide specific examples to electronic comment as prescribed in this Integrity Branch (PIRIB) (7502C), Office illustrate your concerns. unit, EPA recommends that you include of Pesticide Programs (OPP), 6. Make sure to submit your your name, mailing address, and an e- Environmental Protection Agency, 1200 comments by the deadline in this mail address or other contact Pennsylvania Ave., NW., Washington, notice. information in the body of your DC 20460–0001, Attention: Docket ID 7. To ensure proper receipt by EPA, comment. Also, include this contact number OPP–2005–0010. be sure to identify the docket ID number information on the outside of any disk 3. By hand delivery or courier. Deliver assigned to this action in the subject or CD ROM you submit, and in any your comments to: Public Information line on the first page of your response. cover letter accompanying the disk or and Records Integrity Branch (PIRIB), You may also provide the name, date, CD ROM. This ensures that you can be Office of Pesticide Programs (OPP), and Federal Register citation. identified as the submitter of the Environmental Protection Agency, Rm. II. What Action is the Agency Taking? comment and allows EPA to contact you 119, Crystal Mall #2, 1801 S. Bell St., in case EPA cannot read your comment Arlington, VA, Attention: Docket ID EPA has received a pesticide petition due to technical difficulties or needs number OPP–2005–0010. Such as follows proposing the establishment further information on the substance of deliveries are only accepted during the and/or amendment of regulations for your comment. EPA’s policy is that EPA docket’s normal hours of operation as residues of a certain pesticide chemical will not edit your comment, and any identified in Unit I.B.1. in or on various food commodities identifying or contact information under section 408 of the Federal Food, provided in the body of a comment will D. How Should I Submit CBI to the Drug, and Cosmetic Act (FFDCA), 21 be included as part of the comment that Agency? U.S.C. 346a. EPA has determined that is placed in the official public docket, Do not submit information that you this petition contains data or and made available in EPA’s electronic consider to be CBI electronically information regarding the elements set public docket. If EPA cannot read your through EPA’s electronic public docket forth in FFDCA section 408(d)(2);
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however, EPA has not fully evaluated contains data or information regarding as a surrogate. No adjustment was made the sufficiency of the submitted data at the elements set forth in section to convert the active ingredient this time or whether the data support 408(d)(2) of the FFDCA; however, EPA exposure for actual percentage of inert granting of the petition. Additional data has not fully evaluated the sufficiency ingredient used in the formulation. The may be needed before EPA rules on the of the submitted data at this time or methamidophos-equivalent exposure petition. whether the data supports granting of estimates were used directly to the petition. Additional data may be approximate the magnitude of potential List of Subjects needed before EPA rules on the petition. acute dietary exposures to the Environmental protection, amphoteric surfactants. Exposure A. Residue Chemistry Agricultural commodities, Feed estimates were made for the 90th%, additives, Food additives, Pesticides 1. Plant metabolism. Any residues are 95th% and 99.9th% consumption. and pests, Reporting and recordkeeping expected to be parent amphoteric requirements. amines as described above. B. Toxicological Profile Dated: January 25, 2005. 2. Analytical method. Since this 1. Acute toxicity. Only a small amount petition is for an exemption from the Lois Rossi, of primary data are available on the requirement of a tolerance, an analytical acute toxicity of substances within the Director, Registration Division, Office of method is not required. Pesticide Programs. proposed class of amphoteric 3. Magnitude of residues. This surfactants. These data have been Summary of Petition application is designed to follow EPA’s supplemented in the assessment The petitioner summary of the new methodology for the evaluation of described below by using publicly pesticide petition is printed below as low toxicity substances used in available data on the toxicology of alkyl required by FFDCA section 408(d)(3). pesticide products. To develop exposure amines and related derivatives. The summary of the petition was estimates, residue data for pesticide i. Acute dermal toxicity and eye prepared by Tomah3 Products, Inc. and active ingredients were used as irritation. Virtually all of the amines represents the view of the petitioner. described below as surrogate data for when administered directly or in However, the summary may have been the class of inert ingredients. Several concentrated solution are primary skin edited by EPA if the terminology used complementary approaches were used. and eye irritants. Animals exposed to was unclear, the summary contained Tier 1 Screening Level scenarios (i.e., concentrated vapors exhibit signs and extraneous material, or the summary bounding extreme worst-case) included symptoms of mucous membrane and unintentionally made the reader the following exposure assumptions. respiratory tract irritation. Direct skin conclude that the findings reflected Actual crop-specific residue data for contact with liquid amines can produce EPA’s position and not the position of active ingredients, including secondary severe burns and necrosis. Little toxicity the petitioner. The petition summary residues were used as surrogates for the information is available on amines announces the availability of a surfactants without adjustment for the containing eight or more carbons. But, it description of the analytical methods percentage of inert in the formulation. is clear that these amines, either as the available to EPA for the detection and Data were used for all herbicides used neat liquid, or in concentrated solution, > measurement of the pesticide chemical at 5 million pounds/year (lbs/yr) and would be strong local irritants for eyes, residues or an explanation of why no all fungicides and insecticides used at skin, and mucous membranes. The > such method is needed. 1 million lbs/yr, including all active lowered vapor pressure for the higher ingredients used in significant amount alkyl amines would tend to reduce the Tomah3 Products, Inc. on the top 25 crops consumed by hazard from vapor exposure. PP 4E6861 children; Both acute and chronic ii. Acute oral toxicity. Estimated LD50 exposure levels were determined; The for amphoteric compounds 300 to 500 Summary of Petitions assessment assumed that 100% of all milligrams/Kilogram (mg/kg). The LD50s EPA has received a pesticide petition crops are treated with pesticides for the shorter chain primary amines 4E6861 from Tomah3 Products, Inc., 337 containing the surfactants. (C2–C8) are in the 300 to 500 mg/kg Vincent Street (P.O. Box 388), Milton, More sophisticated Tier 2 worst-case range. Secondary amines are slightly Wisconsin 53563–0388 proposing, scenarios included the following more toxic than the corresponding pursuant to section 408(d) of the Federal exposure assumptions. For chronic primary amines. As the chains increase Food, Drug, and Cosmetic Act (FFDCA), exposure, actual crop-specific residue in length beyond C12 to C16 there is an 21 U.S.C. 346a(d), to amend 40 CFR part data are used as surrogates for the observable reduction in toxicity. For 180 to establish an exemption from the surfactants, with adjustment for example, the acute oral LD50 for requirement of a tolerance for the use of percentage of the inert in the octadecylamine (C18H39N) in mice and any member of the class of amphoteric formulation using an upper-bound value rats is approximately 2–3 gram/kilogram surfactant inert ingredients described as of 17.1%; frequency of detection of (g/kg) compared to the 300 to 500 mg/ [beta-alanine, N-(2-carboxyethyl)- N-[3- pesticides was used as a method of kg range for the shorter chain amines. (polyoxaalkylalkoxy)propyl]-, (mono- or ranking all pesticides monitored in the The addition of an alcohol group to the disodium salt) and polyalkoxy, a-[3- U.S. for residues. The top 30 pesticides molecule reduces the toxicity [bis(2-carboxyethyl)amino]propyl]-w- were found to account for 99.9% of the significantly. The alkanolamines and alkoxy, (mono- or disodium salt), total dietary intake of pesticide residues the alkylalkanolamines are typically 3– containing 0 to 20 repeating alkoxy/ and were selected as the surrogates to 5 times less toxic than their amine polylalkoxy units (methoxy-, ethoxy-, use in estimating exposure. Exposure congeners. For this reason it is expected propoxy-, butoxy-) and 6 to 21 carbons levels were determined using actual that the addition of propoxylate or in an n-alkyloxy-, isoalkyloxy- or residue and frequency data for the 30 ethoxylate groups will not confer branched alkyloxy- chain; also known most frequently detected residues. additional toxicity beyond that of the as alkyl ether amine dicarboxyethyl For acute exposures, EPA’s amine itself, and is likely to tower sodium salts, in or on all raw Cumulative OP Acute Dietary Exposure toxicity substantially. agricultural commodities and food. EPA Distribution estimated for children 1–2 iii. Alkyl amines vs alkanolamines. has determined that the petition years in Florida (EPA, 2002) was used The acute toxicity of the alkylamines are
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reduced from 4 to 20–fold by the occurred at doses of 40 mg and higher. as the alkyl amine core of the molecule introduction of hydroxyl groups into the No gross pathologic variations or lesions is modified by the introduction of polar molecule. The toxicity of the alkyl were observed in any dose group. constituents, the toxicity is decreased. amines is reduced approximately 5–fold Histological evaluation revealed an Thus the toxicity of the amphoterics as the molecular weight increases from increase in the incidence of foamy will be below that of the amines. In the C2 - C16 and higher. macrophages in the small intestine and discussion below, we show how the iv. Effect of carboxylic acid salts. This regional lymph nodes in the 40 mg/kg introduction of polar groups reduces the trend of decreasing acute toxicity with and 120 mg/kg dose groups. The toxicity of several related classes of the addition of polar groups persists NOAEL was 13 mg/kg/day and the substances and how an average when the added groups are acetate or LOAEL 50 mg/kg/day (Ref. 4). numerical bound might be placed on propionate carboxylic acid salts. These 5. Chronic toxicity. Octadecylamine this effect. are the groups found in the amphoteric [CH3(CH2)17 NH2] has been With reference to the report of the surfactants which are the subject of this administered to rats in a 2–year rat American Chemistry Council’s report of submission. The acute toxicity of the feeding study (Ref. 5). The NOAEL was the Fatty Nitrogen Derivatives Panel C10–C12 alkyl amines is reduced from 500 parts per million (ppm) in the diet Amines Task Group (Ref. 7), if alkyl 2 to 15–fold when the alkyl groups on and 3,000 ppm was a LOAEL. Rats fed (C10 - C16) dimethyl amine oxide is the nitrogen atom are replaced by either 3,000 ppm showed some weight loss, compared to the corresponding or propionate or acetate salts. anorexia, and some histological changes similar alkyl amine it is seen that the 2. Genotoxicity. There is no indication in the gastrointestinal tract, mesenteric toxicity drops by approximately 10-fold. that any alkyl amine is mutagenic. nodes, and liver. This NOAEL gives an The NOEL for alkyl (C10 - C16) Zeiger et al. (Ref. 1) reported on the ADI of 0.25 mg/kg body weight/day dimethyl amine oxide in a chronic rat Salmonella Mutagenicity of 255 (bwt/day) using a 100–fold safety factor. study is 42.3 mg/kg bw/day. The NOEL chemicals including 25 alkyl amines. (500 ppm in old rats corresponds to 25 in a 90-day rat study was the same. The Twenty three of the alkyl amines tested mg/kg bw/day). An earlier 1–year oral urine was the primary pathway for negative in the Ames test both with and study in dogs by Deichmann (Ref. 6), elimination and excretion was largely without activation and only two reported a slight weight decrement at complete in 24 hours (Ref. 8). In substituted amines were weakly positive the highest of three doses (0.6, 3.0, and contrast the maternal toxicity NOEL for (N-hydroxyethylethylenediamine and 15 mg/kg bwt/day). The NOEL from this Cis- 9-octadecenylamine was 10 mg/kg monoisopropanolamine). study was 3.0 mg/kg bwt/day. A bw/day in rats and 3 mg/kg bw/day in 3. Reproductive and developmental corresponding ADI would be 0.03 mg/kg rabbits. The NOEL for octadecylamine toxicity. Genamin TA (CAS # 61790–33– bwt/day, or about 8–fold lower than the in a 1-year oral gavage study in rats was 8), a mixture consisting primarily of study in rats. 3 mg/kg bw/day. It is seen that the C16–C18 primary amines was given to Most of the amine repeat-dose conversion of the amine to the amine both male and female rats 14 days prior toxicology studies yield NOAELs in the oxide tends to reduce the repeat-dose to mating continually for 54 days 3 to 50 mg/kg bwt/day range. The lowest toxicity by approximately 3 to 10-fold. thereafter (Ref. 2). The author noted that repeated dose NOAEL in these reports is In a similar manner the acute toxicity of the NOAEL for parental toxicity and for 3.0 mg/kg bwt/day (both rabbit the alkylamines are reduced from 4 to effects on offspring was 12.5mg/kg. The developmental study with olelyamine 20-fold by the introduction of hydroxyl reported NOAEL for fertility was 50 mg/ and 1–year chronic dog study with groups into the molecule, and the kg. octadecyl amine). The application of toxicity of the alkyl amines is reduced 4. Subchronic toxicity. N-methyl- N- these data for amphoteric amines approximately 5-fold as the molecular octadecyl-1-octadecanamine was depends on the toxicity of other weight increases from C2 to C16 and administered to rats for 90–days at members of this surfactant family higher. doses of 1,500; 5,000; and 15,000 ppm having the same or lesser order of 6. Animal metabolism. The aliphatic in the diet. Doses were reduced after toxicity as the long chain fatty amines. amines are well absorbed from the gut week 4 to 1,500; 4,000 and 10,000 ppm. The amphoterics in this submission and respiratory tract. They are either The presence of histiocytosis in all differ from the simpler alkyl amines in excreted intact or in the form of groups precluded the establishment of a two ways; first they are alkoxylated, metabolites, depending on the course of NOEL in this dose range. The LOAEL which introduces polar ether linkages, metabolism, which depends on their was 1,500 ppm or 75 mg/kg/day (Ref. 3). second they additionally have two structure. Monamine oxidases are Subchronic studies have also been charged carboxyl groups on the end of mitichondrial enzymes that catalyze the conducted on a few alkanolamines. the molecule. Both of these charges oxidation of many primary amines to Ethomeen T/12 (CAS # 61791–44–4) make the molecule more polar, and can the corresponding aldehyde and Ethanol,2,2-iminobis-, N-tallow alkyl decrease the systemic toxicity of the ammonia. The aldehydes are further derivatives at doses of 15, 50, 150, and substance. The increased polarity oxidized to the correspondingcarboxylic 450 mg/kg were fed to rats in their diet canmake the substances easier to acid and the ammonia to urea. In for 90–days. Ethomeen T/12 is a mixture eliminate in the urine. The increased addition microsomal enzymes can of polyoxyethylene tallow amines. Gross number of ether linkages can make the metabolize amines not readily macroscopic effects were seen and body substance harder to absorb. For these transformed by monoamine oxidases, weight gain was reduced only at the 450 reasons, we believe that the NOELS of through a variety of pathways. These mg/kg level. Microscopic findings were the ether amines establish an upper include: deamination, methylation, N- seen in the intestine and regional bound to the toxicity of the amphoterics dealkylation, N-oxidation, N- mesenteric nodes levels of 150 mg/kg at approximately 10 mg/kg bw/day; the acetylation, cyclization, N- and greater. The no observed adverse amphoterics themselves should be hydroxylation, and nitrosation. effect level (NOAEL) was 50 mg/kg and considerably less toxic. Given that there 7. Metabolite toxicology. Secondary the lowest observed adverse effect level are norepeat-dose toxicity data in amines are prone to react with nitrite, (LOAEL) was 150 mg/kg. A similar animals available on the amphoterics, depending on the pH of the media, to study was conducted in dogs at doses of we have endeavored, via a weight-of- form nitrosamines, some of which are 13, 40, and 120 mg/kg. Vomiting evidence approach, to demonstrate that potent animal carcinogens. Some
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studies have suggested the possibility of constructed in several different ways 13 to 49 were calculated in certain in vivo formation of carcinogenic and in general MOEs >100 were found. instances and found to be comparable to nitrosamines within the acidic Tier 1 acute assessments did yield each other and less than for children. environment of the stomach following MOEs <100, but the Tier 2 analysis gave Hence, exposure estimates for the latter ingestion of secondary amines. The an MOE = 1,500 for the lowest Tier 1 were not formally completed. Rather the major human intake of nitrates (∼ 50 scenario. exposure numbers for females were mg/day) comes from vegetables, water ii. Drinking water. Using the average assumed for the full U.S. population. supplies, or additives in the meat and peak value fromPRZM/EXAMS 2. Infants and children. Except when fish curing process (Ref. 9). Nitrates are modeling for acute exposure, the using acute Tier 1 dietary exposure converted to nitrites in the upper part of average 60-day concentration for estimates and the most conservative the gastrointestinal tract by chronic exposure and the standard toxicity endpoint, 3 mg/kg-bw/day, all nitroreductase bacteria normally present estimates of water consumption, acute MOEs were found to be comfortably in the lower bowel. and chronic margins of exposure for greater than 100. Given the worst-case Amines or amine precursors are drinking water all MOEs were greater conservatism built into all the analyses, present in vegetables, wine, spirits, beer, than 360. In using the model, maximum the results support a conclusion that tea, fish, food flavoring agents, and application rates and number of Tomah3’s amphoteric surfactants may be some drugs. As indicated above, at least applications were assumed and the used safely in pesticide formulations 10 mg of amine nitrogen is excreted per amphoteric surfactants were assumed without concerns for dietary and non- day; the intake of amines or their not to degrade in water or the occupational exposures. precursors is therefore probably in the environment. The modeling provides an 100 mg/day range. Thus there exists the extreme worst-case estimate of exposure F. References required elements for the in vivo in that the peak values simulated 1. Zeiger, E., Anderson B., Haworth formation of carcinogenic nitrosamines accumulation (i.e., no degradation) of S., Lawlor T., Mortelmans K., and from amine ingestion. Despite this the surfactants in water during a 30 Speck, W. (1987) ‘‘Salmonella theoretical possibility, epidemiologic years period of application. Mutagenicity tests: III. Results from the studies have not provided evidence for 2. Non-dietary exposure. For non- testing of 255 chemicals.’’ a causal association between nitrite dietary exposure and risk analysis Environmental Mutagenesis, (1987) 3: exposure and human cancer. Nor has a outdoor lawn care with broadcast Suppl (9)1–110.) causal link been shown between N- application via hose-end sprayer was 2. Bussi R (2000). ‘‘Genamin TA100: nitroso compounds preformed in the selected as the worst case. Dermal Reproduction/Development toxicity diet or endogenously synthesized and absorption was assumed to be 10%. Screening Test in rats by oral route.’’ the incidence of human cancer (Ref. 10). Applicators were assumed to have APAG, Instituto di Recerche It has been demonstrated in animals that dermal and inhalation exposures, while Biomediche, ‘Santoine Marxer’ S.p.a. nitrosation of diethylamine and re-entry exposures were dermal and 3. Procter and Gamble, Ref. 3) EPA dimethyamine in vivo is a very slow oral, the oral via hand-to-mouth submission, No. 88—9200007039, process. When these substances were activities by children. MOE’s >100 were microfiche No. 0T5537649. fed to rats together with nitrite for over estimated by Tier 1 analyses, indicating 4. Goater T.O., Griffiths D., two years no tumors typical of treatment reasonable certainty of no harm for the McElliogott T.F., and AAB Swan, A.A.B, of rats with nitrosodiethylamine were worst-case bounding scenario evaluated. (1970), ‘‘Summary of toxicology data - observed (Ref. 11). In any event, the acute oral toxicity and short-term D. Cumulative Effects addition to the diet of nanogram levels feeding studies on polyoxythylene of amines from the proposed used of Other amphoteric amine compounds tallow amines in rats and dogs,’’ Food amine based surfactants is insignificant may be used in pesticide formulations. and Cosmetics Toxicology 8:249—252. compared to normal endogenous levels However, the assessment of this class of 5. Deichmann, W.B., Radomski, J.I., and to those naturally occurring in food. compounds assumes 100% of the MacDonald, W.E., Kascht, R.L., and 8. Endocrine disruption. There is no pesticide products applied to crops will Erdman, R.l., (1958), American Medical evidence to suggest that the alkyl use one member of this class of Association Archives of Industrial amines have an effect on any endocrine amphoteric amines. Therefore, the Health, 18:483. system. In developmental and two- cumulative risk for this class of 6. Deichmann, W.B., et.al., (1957), generation reproduction toxicity tests compound is covered by the Archives Of Industrial Health, 18:483– systemic toxicity was noted but no assessments in this submission. 487. 7. Fatty Nitrogen Derivatives Panel developmental or reproductive effects E. Safety Determination were found. Amines Task Group, 2002, Fatty 1. U.S. population. As a general rule Nitrogen Derived (FND) Amines C. Aggregate Exposure in any pesticide assessments, exposures Category High Production Volume 1. Dietary exposure. Exposure through of children are the highest of any (HPV) Chemicals Challenge, American both food and drinking water were subpopulation. This pattern was found Chemistry Council, Washington, D.C. estimated using data and methods more to hold true for the amphoteric 8. U.S. EPA. 1999. The Use of commonly applied to pesticide active surfactants and lead to simplifications Structure-activity Relationships (SAR) ingredients. The methods for estimating in the assessment procedure. When in the High Production Volume dietary exposure are discussed above exposures to children were found to be Chemicals Challenge Program. http:// under residues. Drinking water acceptable, e.g., acute and chronic Tier www.epa.gov/ch emrtk/sarfinl1.htm. exposures were estimated using EPA’s 2 estimated dietary exposures to 9. Ellen et al. 1990. Food Additives combined Pesticide Root Zone Model/ children yielded large MOEs, separate Contaminants 7(2):207—221. Exposure Assessment Modeling System estimates for other subpopulations were 10. Gangilli., S.D., 1999, ‘‘Nitrate, (PRZM/EXAMS) and the 1 hectare pond not deemed necessary. In the risk nitrite and N-nitroso compounds‘‘in scenario. assessment we ultimately have adopted Ballintine, B., Marrs, T., and Turner, P., i. Food. Both Tier 1 and Tier 2, acute the dietary exposures for children for all General and Applied Toxicology, and chronic dietary assessments were subpopulations. Exposures for females Stockton Press, New York, p 2111, 2143.
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11. Druckery et al, 1963 Cited by 4, (WMD–SEIMB), 61 Forsyth Street, proposed settlement for March 14, 2005. Benya et al., Patty’s, 4th Ed. Vol II, Part SW., Atlanta, Georgia 30303, (404) 562– EPA may withdraw from or modify the B, page 1097. 8887, [email protected]. proposed settlement should such [FR Doc. 05–2620 Filed 2–9–05; 8:45 am] Written comments may be submitted comments disclose facts or to Ms. Batchelor within 30 calendar considerations which indicate the BILLING CODE 6560–50–S days of the date of this publication. proposed settlement is inappropriate, Dated: January 26, 2005. improper or inadequate. Copies of the ENVIRONMENTAL PROTECTION Rosalind H. Brown, proposed settlement are available from Ms. Paula V. Batchelor, U.S. EPA, AGENCY Chief, Superfund Enforcement & Information Management Branch, Waste Management Region 4, (WMD–SEIMB), 61 Forsyth [FRL–7871–4] Division. Street, SW., Atlanta, Georgia 30303, [FR Doc. 05–2612 Filed 2–9–05; 8:45 am] (404) 562–8887, Carolina Steel Drum Superfund Site; [email protected]. BILLING CODE 6560–50–M Notice of Proposed Settlement Written comments may be submitted AGENCY: Environmental Protection to Ms. Batchelor within 30 calendar Agency (EPA). ENVIRONMENTAL PROTECTION days of the date of this publication. ACTION: Notice of proposed settlement. AGENCY Dated: January 26, 2005. Rosalind H. Brown, [FRL–7871–5] SUMMARY: The United States Chief, Superfund Enforcement & Information Environmental Protection Agency is Carolina Steel Drum Superfund Site; Management Branch, Waste Management proposing to enter into a settlement for Notice of Proposed Settlement Division. the partial reimbursement of past [FR Doc. 05–2613 Filed 2–9–05; 8:45 am] response costs with fifty-four (54) de AGENCY: Environmental Protection BILLING CODE 6560–5O–M minimis parties pursuant to section 122 Agency (EPA). of the Comprehensive Environmental ACTION: Notice of proposed settlement. Response, Compensation, and Liability FEDERAL COMMUNICATIONS Act (CERCLA), 42 U.S.C. 9622(h)(1) SUMMARY: The United States COMMISSION concerning the Carolina Steel Drum Environmental Protection Agency is Superfund Site (Site) located in Rock proposing to enter into a settlement for Sunshine Act Meeting; Open Hill, York County, South Carolina. EPA the partial reimbursement of past Commission Meeting Thursday, will consider public comments on the response costs with the de minimis February 10, 2005 proposed settlement for March 14, 2005. party Gresco Manufacturing, Inc. EPA may withdraw from or modify the pursuant to section 122 of the February 3, 2005. proposed settlement should such Comprehensive Environmental The Federal Communications comments disclose facts or Response, Compensation, and Liability Commission will hold an Open Meeting considerations which indicate the Act (CERCLA), 42 U.S.C. 9622(h)(1) on the subjects listed below on proposed settlement is inappropriate, concerning the Carolina Steel Drug Thursday, February 10, 2005, which is improper or inadequate. Copies of the Superfund Site (Site) located in Rock scheduled to commence at 9:30 a.m. in proposed settlement are available from: Hill, York County, South Carolina. EPA Room TW–C305, at 445 12th Street, Ms. Paul V. Batchelor, U.S. EPA, Region will consider public comments on the SW., Washington, DC.
Item No. Bureau Subject
1 ...... Media ...... Title: Carriage of Digital Television Broadcast Signals: Amendments to part 76 of the Commission’s Rules (CS Docket No. 98–120). Summary: The Commission will consider a Second Report and Order and First Order on Reconsideration concerning the carriage obligations of cable operators with re- spect to digital broadcasters. 2 ...... Media ...... Title: WRGT Licensee, LLC for Assignment of License of WRGT–TV, Dayton, Ohio, to WRGT Licensee, LLC (New Nevada, LLC); WVAH Licensee, LLC for Assign- ment of License of WVAH–TV, Charleston, West Virginia, to WVAH Licensee, LLC (New Nevada, LLC); WTAT Licensee, LLC for Assignment of License of WTAT–TV, Charleston, South Carolina, to WTAT Licensee, LLC (New Nevada, LLC); Cunningham Broadcasting Corp. (Transferor) and Sinclair Acquisition XIII, Inc. (Transferee) for consent to transfer of control of television station WTTE–TV, Co- lumbus, Ohio; Cunningham Broadcasting Corp. (Transferor) and Sinclair Acquisition XIII, Inc. (Transferee) For consent to transfer of control of television station WNUV– TV, Baltimore, Maryland. Summary: The Commission will consider a Memorandum Opinion and Order con- cerning an Application for Review filed by various licensee subsidiaries of Sinclair Broadcast Group, Inc. seeking review of a decision by the Media Bureau dis- missing applications through which Sinclair sought to acquire television stations from the licensee subsidiaries of Cunningham Broadcasting Corporation. 3 ...... Consumer & Governmental Affairs ...... Title: Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991 (CG Docket No. 02–278). Summary: The Commission will consider a Second Order on Reconsideration ad- dressing petitions for reconsideration filed regarding the national do-not-call registry and other TCPA rules. 4 ...... Consumer & Governmental Affairs ...... Title: Rules and Regulations Implementing Minimum Customer Account Record Ex- change Obligations on All Local and Interexchange Carriers (CG Docket No. 02– 386).
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Item No. Bureau Subject
Summary: The Commission will consider a Report and Order and Further Notice of Proposed Rulemaking regarding the mandatory exchange of customer account in- formation among all local and interexchange carriers. 5 ...... International ...... Title: Flexibility for Delivery of Communications by Mobile Satellite Service Providers in the 2 GHz Band, the L-Band, and the 1.6/2.4 GHz Bands (IB Docket No. 01– 185). Summary: The Commission will consider a Memorandum Opinion and Order and Second Order on Reconsideration concerning the rules that permit the addition of ancillary terrestrial components (ATC) to the provision of Mobile-Satellite Service (MSS) communications. 6 ...... Wireless-Tele-Communications ...... Title: Amendment of part 90 of the Communications Commission’s Rules for Flexible Use of the 896–901 MHz and 935–940 MHz Bands Allotted to Business and Indus- trial Land Transportation Pool; Oppositions and Petitions for Reconsideration of 900 MHz Band Freeze Notice. Summary: The Commission will consider a Notice of Proposed Rulemaking con- cerning the use of ‘‘white space’’ in the 900 MHz Business and Industrial Land Transportation Pool. 7 ...... Wireless Broadband Access Task Force ... The Wireless Broadband Access Task Force will report on its findings and rec- ommendations relating to the Commission’s wireless broadband policies (GN Dock- et No. 04–163). 8 ...... Wireline Competition ...... Title: Presubscribed Interexchange Carrier Charges Competition (CC Docket No. 02– 53). Summary: The Commission will consider a Report and Order that will address the Commission’s policies governing the federally-tariffed charges of incumbent LECs for changing the presubscribed interexchange carrier for end user subscribers (PIC change charges). 9 ...... Wireline Competition ...... Title: Developing a Unified Intercarrier Compensation Regime; Sprint Petition for De- claratory Ruling Regarding Obligation of Incumbent LECs to Load Numbering Re- sources and Honor Routing and Rating Points; T-Mobile et al. Petition for Declara- tory Ruling Regarding Incumbent LEC Wireless Termination Tariffs (CC Docket No. 01–92). Summary: The Commission will consider a Report and Order and Further Notice of Proposed Rulemaking that resolves a number of issues regarding application of the Commission’s intercarrier compensation rules and solicits comment on a number of reform proposals submitted by the industry as well as other issues related to inter- carrier compensation reform.
The meeting site is fully accessible to Copies of materials adopted at this Commission (‘‘FEC’’ or ‘‘the people using wheelchairs or other meeting can be purchased from the Commission’’) is adjusting certain mobility aids. Sign language FCC’s duplicating contractor, Best Copy expenditure and contribution interpreters, open captioning, and and Printing, Inc. (202) 488–5300; Fax limitations set forth in the Federal assistive listening devices will be (202) 488–5563; TTY (202) 488–5562. Election Campaign Act of 1971, as provided on site. Request other These copies are available in paper amended (‘‘FECA’’ or ‘‘the Act’’), to reasonable accommodations for people format and alternative media, including account for increases in the consumer with disabilities as early as possible. large print/type; digital disk; and audio price index. Last minute requests will be accepted, and video tape. Best Copy and Printing, Additional details appear in the but may be impossible to fill. Send an Inc. may be reached by e-mail at supplemental information that follows. e-mail to: [email protected] or call the [email protected]. EFFECTIVE DATE: The effective date for Consumer & Governmental Affairs Federal Communications Commission. the limits at 2 U.S.C. 441a(a)(1)(A), Bureau at (202) 418–0530 (voice), (202) William F. Caton, 441a(a)(1)(B) and 441a(h) is November 418–0432 (TTY). Deputy Secretary. 3, 2004. The effective date for the limits at 2 U.S.C. 441a(a)(3) and 441a(d) is Additional information concerning [FR Doc. 05–2684 Filed 2–8–05; 11:59 am] this meeting may be obtained from January 1, 2005. BILLING CODE 6712–01–P Audrey Spivack or David Fiske, Office FOR FURTHER INFORMATION CONTACT: Mr. of Media Relations, (202) 418–0500; Gregory J. Scott, Information Division, TTY 1–888–835–5322. Audio/Video FEDERAL ELECTION COMMISSION 999 E Street, NW., Washington, DC coverage of the meeting will be 20463; Telephone: (202) 694–1100; Toll broadcast live with open captioning [Notice 2005–5] Free (800) 424–9530. over the Internet from the FCC’s Audio/ SUPPLEMENTARY INFORMATION: Under the Price Index Increases for Expenditure Video Events Web page at www.fcc.gov/ Federal Election Campaign Act of 1971, and Contribution Limitations realaudio. 2 U.S.C. 431 et seq., as amended by the For a fee this meeting can be viewed AGENCY: Federal Election Commission. Bipartisan Campaign Reform Act of live over George Mason University’s ACTION: Notice of expenditure and 2002, Public Law 107–155, 116 Stat. 81 Capitol Connection. The Capitol contribution limitation increases. (March 27, 2002), coordinated party Connection also will carry the meeting expenditure limits (2 U.S.C. live via the Internet. To purchase these SUMMARY: As mandated by provisions of 441a(d)(3)(A) and (B)), and certain services call (703) 993–3100 or go to the Bipartisan Campaign Reform Act of contribution limits (2 U.S.C. www.capitolconnection.gmu.edu. 2002 (‘‘BCRA’’), the Federal Election 441a(a)(1)(A) and (B), (a)(3), (d) and (h)),
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are adjusted either annually or beginning of the calendar year and the Based upon this formula, the biennially by the consumer price index. price index for the base period (calendar expenditure limitation for 2005 House See 2 U.S.C. 441a(c)(1). The year 1974). elections in these states is $76,600. Commission is publishing this notice to 1. Expenditure Limitation for House of announce these limits for 2005 or the 2. Expenditure Limitation for Senate Representatives 2005–2006 election cycle. Both the national and state party Both the national and state party Coordinated Party Expenditure Limits committees have an expenditure committees have an expenditure for 2005 limitation for each general election held limitation for a general election held to Under 2 U.S.C. 441a(c), the to fill a seat in the House of fill a seat in the Senate. The formula Commission must adjust the Representatives. The formula used to used to calculate the Senate expenditure expenditure limitations established by 2 calculate the expenditure limitation in a limitation considers not only the price U.S.C. 441a(d) (the limits on state with more than one congressional index but also the voting age population expenditures by national party district multiplies the base figure of (‘‘VAP’’) of the state. The expenditure committees, State party committees, or $10,000 by the price index (3.831), limitation is the greater of: the base their subordinate committees in rounding to the nearest $100. Based figure ($20,000) multiplied by the price connection with the general election upon this formula, the expenditure index (which totals $76,600); or $0.02 campaign of candidates for Federal limitation for 2005 House elections in multiplied by the VAP of the state, office) annually to account for inflation. those states is $38,300. The formula multiplied by the price index. Amounts This expenditure limitation is increased used to calculate the expenditure are rounded to the nearest $100. The by the percent difference between the limitation in a state with only one chart below provides the state-by-state price index, as certified to the congressional district multiplies the breakdown of the 2005 expenditure Commission by the Secretary of Labor, base figure of $20,000 by the price index limitations for Senate elections. for the 12 months preceding the (3.831), rounding to the nearest $100.
SENATE EXPENDITURE LIMITATIONS—2005 ELECTIONS
× Expenditure Limit VAP VAP .02 multi- (the greater of the State (in thousands) plied by the price amount in column index (3.831) 3 or $76,600)
Alabama ...... 3,436 $263,300 $263,300 Alaska ...... 467 35,800 76,600 Arizona ...... 4,197 321,600 321,600 Arkansas ...... 2,076 159,100 159,100 California ...... 26,297 2,014,900 2,014,900 Colorado ...... 3,423 262,300 262,300 Connecticut ...... 2,665 204,200 204,200 Delaware ...... 637 48,800 76,600 Florida ...... 13,394 1,026,300 1,026,300 Georgia ...... 6,497 497,800 497,800 Hawaii ...... 964 73,900 76,600 Idaho ...... 1021 78,200 78,200 Illinois ...... 9,475 726,000 726,000 Indiana ...... 4,637 355,300 355,300 Iowa ...... 2,274 174,200 174,200 Kansas ...... 2,052 157,200 157,200 Kentucky ...... 3,166 242,600 242,600 Louisiana ...... 3,351 256,800 256,800 Maine ...... 1,035 79,300 79,300 Maryland ...... 4,163 319,000 319,000 Massachusetts ...... 4,952 379,400 379,400 Michigan ...... 7,579 580,700 580,700 Minnesota ...... 3,861 295,800 295,800 Mississippi ...... 2,153 165,000 165,000 Missouri ...... 4,370 334,800 334,800 Montana ...... 719 55,100 76,600 Nebraska ...... 1,313 100,600 100,600 Nevada ...... 1,731 132,600 132,600 New Hampshire ...... 995 76,200 76,600 New Jersey ...... 6,543 501,300 501,300 New Mexico ...... 1,411 108,100 108,100 New York ...... 14,655 1,122,900 1,122,900 North Carolina ...... 6,423 492,100 492,100 North Dakota ...... 495 37,900 76,600 Ohio ...... 8,680 665,100 665,100 Oklahoma ...... 2,664 204,100 204,100 Oregon ...... 2,742 210,100 210,100 Pennsylvania ...... 9,569 733,200 733,200 Rhode Island ...... 837 64,100 76,600 South Carolina ...... 3,173 243,100 243,100 South Dakota ...... 580 44,400 76,600 Tennessee ...... 4,510 345,600 345,600
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SENATE EXPENDITURE LIMITATIONS—2005 ELECTIONS—Continued
× Expenditure Limit VAP VAP .02 multi- (the greater of the State (in thousands) plied by the price amount in column index (3.831) 3 or $76,600)
Texas ...... 16,223 1,243,000 1,243,000 Utah ...... 1,649 126,300 126,300 Vermont ...... 487 37,300 76,600 Virginia ...... 5,655 433,300 433,300 Washington ...... 4,718 361,500 361,500 West Virginia ...... 1,431 109,600 109,600 Wisconsin ...... 4,201 321,900 321,900 Wyoming ...... 390 29,900 76,600
Contribution Limitation Increases for (contributions to national party certified to the Commission by the Individuals, Nonmulticandidate committees); (2) the biennial aggregate Secretary of Labor, for the 12 months Committees and for Certain Political contribution limits applicable to preceding the beginning of the calendar Party Committees Giving to U.S. Senate individuals under 2 U.S.C. 441a(a)(3); year and the price index for the base Candidates for 2005–2006 Election and (3) the limitation on contributions period (calendar year 2001). The Cycle made to U.S. Senate candidates by resulting amount is rounded to the certain political party committees at 2 nearest multiple of $100. The BCRA amended the Act to extend U.S.C. 441a(h). 2 U.S.C. 441a(c). These Commission has calculated the inflation indexing to: (1) The limitations contribution limitations are increased applicable percent difference to be 6.7 on contributions made by persons under by multiplying the respective statutory percent. 2 U.S.C. 441a(a)(1)(A) (contributions to contribution amount by the percent Contribution limitations shall be candidates) and 441a(a)(1)(B) difference between the price index, as adjusted accordingly:
Statutory provision Statutory amount 2005–2006 limitation
2 U.S.C. 441a(a)(1)(A) ...... $2,000 ...... $2,100. 2 U.S.C. 441a(a)(1)(B) ...... 25,000 ...... 26,700. 2 U.S.C. 441a(a)(3)(A) ...... 37,500 ...... 40,000. 2 U.S.C. 441a(a)(3)(B) ...... 57,500 (of which not more than $37,500 may be at- 61,400 (of which not more than $40,000 may be at- tributable to contributions to political committees tributable to contributions to political committees that are not political committees of national political that are not political committees of national political parties). parties). 2 U.S.C. 441a(h) ...... 35,000 ...... 37,300.
Under the Act, the inflationary DEPARTMENT OF HEALTH AND date include: Human Cloning and adjustments are to be made only in odd- HUMAN SERVICES Human Dignity: An Ethical Inquiry (July numbered years and the increased 2002); Beyond Therapy: Biotechnology limitations at 2 U.S.C. 441a(a)(1)(A), Public Meeting of the President’s and the Pursuit of Happiness (October 441a(a)(1)(B) and 441a(h) are to be in Council on Bioethics on March 3–4, 2003); Being Human: Readings from the effect for the 2-year period beginning on 2005 President’s Council on Bioethics (December 2003); Monitoring Stem Cell the first day following the date of the AGENCY: The President’s Council on general election in the preceding year Bioethics, HHS. Research (January 2004), and Reproduction and Responsibility: The and ending on the date of the next ACTION: Notice. regularly scheduled election. Thus the Regulation of New Biotechnologies respective figures above are in effect SUMMARY: The President’s Council on (March 2004). from November 3, 2004 to November 7, Bioethics (Leon R. Kass, M.D., DATES: The meeting will take place 2006. The limitation under 2 U.S.C. Chairman) will hold its twentieth Thursday, March 3, 2005, from 9 a.m. to 441a(a)(3)(A) and (B) shall be in effect meeting, at which, among other things, 4:30 p.m. ET; and Friday, March 4, beginning January 1st of the odd- it will continue its discussion of ethical 2005, from 8:30 a.m. to 12:30 p.m. ET. numbered year and ending on December issues relating to the treatment of the ADDRESSES: The Sphinx Club, 1315 K 31st of the next even-numbered year. aged, and end-of-life care. Subjects Street, NW., Washington, DC 20005. Thus the new contribution limits under discussed at past Council meetings Phone 202–898–1688. (though not on the agenda for the 2 U.S.C. 441a(a)(3)(A) and (B) are in Agenda: The meeting agenda will be present one) include: cloning, assisted posted at http://www.bioethics.gov. effect from January 1, 2005 to December reproduction, reproductive genetics, Public Comments: The Council 31, 2006. IVF, ICSI, PGD, sex selection, encourages public input, either in Dated: February 4, 2005. inheritable genetic modification, person or in writing. At this meeting, Scott E. Thomas, patentability of human organisms, interested members of the public may Chairman, Federal Election Commission. neuroscience, aging retardation, address the Council, beginning at 11:30 [FR Doc. 05–2598 Filed 2–9–05; 8:45 am] lifespan-extension, and organ a.m., on Friday, March 4. Comments are procurement for transplantation. limited to no more than five minutes per BILLING CODE 6715–01–P Publications issued by the Council to speaker or organization. As a courtesy,
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please inform Ms. Diane Gianelli, information collection requests under information that will shed light on EMF Director of Communications, in advance review by the Office of Management and and health effects on workers. of your intention to make a public Budget (OMB) in compliance with the This study has the following statement, and give your name and Paperwork Reduction Act (44 U.S.C. objectives: (1) Validate an interview- affiliation. To submit a written Chapter 35). To request a copy of these based EMF exposure assessment statement, mail or e-mail it to Ms. requests, call the CDC Reports Clearance algorithm against measurements of the Gianelli at one of the addresses given Officer at (404) 371–5976 or send an e- time-weighted average (TWA) magnetic below. mail to [email protected]. Send written comments to CDC Desk Officer, Office of field magnitude used in previous FOR FURTHER INFORMATION CONTACT: Ms. epidemiologic studies, (2) calibrate the Diane Gianelli, Director of Management and Budget, Washington, DC via fax to (202) 395–6974. Written parameters in the algorithm in order to Communications, The President’s improve the exposure estimates, and (3) Council on Bioethics, Suite 700, 1801 comments should be received within 30 determine the correlation between the Pennsylvania Avenue, Washington, DC days of this notice. EMF exposures from the algorithm and 20006. Telephone: (202) 296–4669. E- Proposed Project mail: [email protected]. Web site: biologically-based metrics measured by http://www.bioethics.gov. Assessment of Occupational new instrumentation. These biologically-based metrics consist of Dated: February 7, 2005. Exposures to Electric and Magnetic Fields (EMF)—New—National Institute either characteristics of the magnetic Yuval Levin, for Occupational Safety and Health field that have produced biological Acting Executive Director, The President’s (NIOSH), Centers for Disease Control effects in laboratory studies or currents Council on Bioethics. and Prevention (CDC). in the body resulting from contact with [FR Doc. 05–2543 Filed 2–9–05; 8:45 am] This proposal is to conduct a charged surfaces. For the higher BILLING CODE 4150–03–P validation study on an interview-based correlations with the TWA magnetic procedure for assessing occupational field magnitude, these data will be used to determine whether the exposure DEPARTMENT OF HEALTH AND exposures to electric and magnetic algorithm can be modified to accurately HUMAN SERVICES fields (EMF) from AC electricity. Participants in the study will be asked assess exposures to the biologically- Centers for Disease Control and to wear specially designed instruments based metrics. Prevention to measure a range of EMF that This is a one-time study of workers of employees encounter as part of their [30Day–05–04JY] an electric utility in Canada and a daily work practices. These devices Federal research laboratory in the U.S. Proposed Data Collections Submitted have been field-tested and meet all There will be no cost to respondents safety requirements. This study will for Public Comment and except for their time. Recommendations capture not only the magnetic field magnitude but also its frequencies, Annualized Burden: The Centers for Disease Control and induced currents and contact currents. Prevention (CDC) publishes a list of This study will provide important new
Number of re- Average bur- Respondents Number of sponses/re- den/response respondents spondent (in hrs.)
Worker—recruitment ...... 200 1 3/60 Worker—EMF monitoring ...... 72 1 6 Worker—interviews ...... 72 1 15/60
Dated: February 3, 2005. information collection requests under The revision to this submission is the Betsey Dunaway, review by the Office of Management and addition of a request for the program to Acting Reports Clearance Officer, Office of Budget (OMB) in compliance with the use Web-enabled panels as an the Chief Science Officer, Centers for Disease Paperwork Reduction Act (44 U.S.C. additional data collection tool that can Control and Prevention. Chapter 35). To request a copy of these be used for the projects within this [FR Doc. 05–2573 Filed 2–9–05; 8:45 am] requests, call the CDC Reports Clearance clearance. The Centers for Disease BILLING CODE 4163–18–P Officer at (404) 371–5976 or send an e- Control and Prevention (CDC) protects mail to [email protected]. Send written people’s health and safety by preventing comments to CDC Desk Officer, Human and controlling diseases and injuries; DEPARTMENT OF HEALTH AND Resources and Housing Branch, New promotes healthy living through strong HUMAN SERVICES Executive Office Building, Room 10235, partnerships with local, national and Washington, DC 20503 or by fax to (202) international organizations, and Centers for Disease Control and 395–6974. Written comments should be enhances health decisions by providing Prevention received within 30 days of this notice. credible information on critical health [30Day–05–0572] issues. Proposed Project Proposed Data Collections Submitted Members of the public and health for Public Comment and CDC and ATSDR Health Message practitioners at all levels require up-to- Recommendations Testing System (0920–0572)— date, credible information about health Revision—Office of the Director, Office and safety in order to make rational The Centers for Disease Control and of Communication (OD/OC), Centers for decisions. Such information affects the Prevention (CDC) publishes a list of Disease Control and Prevention (CDC). health and well-being of people across
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all stages of life by making our food recommendations concerning the support these programmatic practices. supply safe, identifying harmful diagnosis and treatment of disease, In fact, these undesirable alternatives behaviors, and improving our immunization schedules, infection weaken CDC/ATSDR position as a environment. control, and clinical prevention research-based public health agency CDC and the Agency for Toxic practices. CDC/ATSDR offers technical providing credible health information Substances and Disease Registry assistance and training to health that people can count on and use. (ATSDR) must fulfill their mission and professionals as well. CDC may achieve a greater level of mandate to frequently communicate In order to ensure that the public and efficacy if it can use four routine health urgent and sensitive health messages other key audiences, like health care message development and testing with the general public, members of the providers, understand the information, methods: (1) Central Location Intercept public with certain diseases or disabling are motivated to take action, and are not conditions, and those at a greater risk of offended or react negatively to the Interviews (i.e., ‘‘shopping mall’’ exposure to disease or injury causing messages, it is critical to test messages interviews); (2) Customer Satisfaction agents. CDC/ATSDR makes this crucial and materials prior to their production Phone Interviews; (3) Focus Groups; and health information available through and release. Currently, each CDC (4) Web-enabled research. Virtually many channels including books, program developing health messages is every Center, Institute, and Office (CIO) periodicals, and monographs; internet required to submit its message at CDC could achieve a higher level of Web sites; health and safety guidelines; development and testing activities for confidence that health messages were reports from investigations and individual OMB review. Many CDC understandable and would provoke no emergency responses; public health programs have extremely short unintended consequences if they were monitoring and statistics; travel deadlines for developing and producing empowered to use these methods advisories; answers to public inquiries; health messages. Some deadlines are efficiently. The CDC Office of and health education campaigns. imposed by Congress, and others are Communication therefore requests In addition to serving the public, necessitated by the time-sensitive nature approval for renewal of the Health CDC/ATSDR delivers health of the work. Many programs cannot Message Testing System that will information that enables health accommodate the time required for conduct up to 64 message testing providers to make critical decisions. For OMB approval, and therefore skip the activities per year for each of three instance, the practicing medical and message testing step altogether, or resort years. If all 64 testing activities are dental communities and the nation’s to testing specific portions of messages implemented, the total estimated health care providers are target with 9 or fewer individuals. The science annualized burden is 3,000 hours. audiences for numerous official CDC of health communication does not Annualized Burden Table:
Number of Number of Number of Average burden Data collection activities respondents per responses per per response per year activity respondent (in hours)
Intercept and touch screen interviews ...... 64 1,600 1 30/60 Customer Satisfaction Phone Interviews ...... 64 1,200 1 30/60 Focus Groups ...... 64 1,200 1 30/60 Web-enabled research ...... 64 2,400 1 30/60
Dated: February 3, 2005. Panel (SEP): Musculoskeletal Disorders, pertaining to announcements of meetings and Betsey Dunaway, Request for Applications (RFA) OH–05–004. other committee management activities, for Times and Dates: 8 a.m.–8:30 a.m., March both the CDC and the Agency for Toxic Acting Reports Clearance Officer, Office of 22, 2005 (Open). 8:30 a.m.–5 p.m., March 22, Substances and Disease Registry. the Chief Science Officer, Centers for Disease 2005 (Closed). Dated: February 3, 2005. Control and Prevention. Place: Embassy Suites Hotels, 1900 [FR Doc. 05–2574 Filed 2–9–05; 8:45 am] Diagonal Road, Alexandria, VA 23114 Alvin Hall, BILLING CODE 4163–18–P telephone 703–684–5900. Director, Management Analysis and Services Status: Portions of the meeting will be Office, Centers for Disease Control and closed to the public in accordance with Prevention (CDC). DEPARTMENT OF HEALTH AND provisions set forth in section 552b(c)(4) and [FR Doc. 05–2570 Filed 2–9–05; 8:45 am] HUMAN SERVICES (6), Title 5 U.S.C., and the Determination of BILLING CODE 4163–19–P the Director, Management Analysis and Centers for Disease Control and Services Office, CDC, pursuant to Public Law Prevention 92–463. DEPARTMENT OF HEALTH AND Matters To Be Discussed: The meeting will HUMAN SERVICES include the review, discussion, and Disease, Disability, and Injury evaluation of applications received in Prevention and Control Centers for Disease Control and response to Request for Applications OH–05– Prevention Musculoskeletal Disorders, Request 004. for Applications (RFA) OH–05–004 Contact Person for More Information: Joan Disease, Disability, and Injury F. Karr, Ph.D., Scientific Review Prevention and Control Special In accordance with section 10(a)(2) of Administrator, Office of Extramural the Federal Advisory Committee Act Programs, National Institute for Occupational Emphasis Panel: Occupational (Pub. L. 92–463), the Centers for Disease Safety and Health, CDC, 1600 Clifton Road, Exposure Risk on Reproduction/ Control and Prevention (CDC) NE., MS–D72, Atlanta, GA 30333, Telephone Development, Request for Applications announces the following meeting: 404–371–5261. (RFA) OH–05–003 The Director, Management Analysis and Name: Disease, Disability, and Injury Services Office, has been delegated the In accordance with section 10(a)(2) of Prevention and Control Special Emphasis authority to sign Federal Register notices the Federal Advisory Committee Act
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(Pub. L. 92–463), the Centers for Disease Secretary, the Assistant Secretary for Health, Status: Open 8 a.m.–8:15 a.m., February Control and Prevention (CDC) the Director, CDC, and the Director, National 22, 2005. Closed 8:15 a.m.–5 p.m., February announces the following meeting: Center for Infectious Diseases (NCID), 22, 2005. Closed 8 a.m.–5 p.m., February 23, regarding (1) the practice of hospital 2005. Name: Disease, Disability, and Injury infection control; (2) strategies for Purpose: The Safety and Occupational Prevention and Control Special Emphasis surveillance, prevention, and control of Health Study Section will review, discuss, Panel (SEP): Occupational Exposure Risk on infections (e.g., nosocomial infections), and evaluate grant application(s) received in Reproduction/Development, Request for antimicrobial resistance, and related events Applications (RFA) OH–05–003. in settings where healthcare is provided; and response to the Institute’s standard grants Times and Dates: 8 a.m.–8:30 a.m., March (3) periodic updating of guidelines and other review and funding cycles pertaining to 23, 2005 (Open). 8:30 a.m.–5 p.m., March 23, policy statements regarding prevention of research issues in occupational safety and 2005 (Closed). healthcare-associated infections and health, and allied areas. Place: Embassy Suites Hotels, 1900 healthcare-related conditions. It is the intent of NIOSH to support broad- Diagonal Road, Alexandria, VA 23114 Matters To Be Discussed: Agenda items based research endeavors in keeping with the telephone 703–684–5900. will include influenza pandemic Institute’s program goals. This will lead to Status: Portions of the meeting will be preparedness for healthcare facilities; improved understanding and appreciation for closed to the public in accordance with proposed recommendations for prioritization provisions set forth in section 552b(c)(4) and the magnitude of the aggregate health burden of influenza vaccine; draft recommendations associated with occupational injuries and (6), Title 5 U.S.C., and the Determination of on tuberculosis infection control precautions illnesses, as well as to support more focused the Director, Management Analysis and for healthcare facilities; infection control Services Office, CDC, pursuant to Public Law issues in ambulatory care settings; strategies research projects, which will lead to 92–463. for surveillance of healthcare-associated improvements in the delivery of occupational Matters To Be Discussed: The meeting will infections and healthcare-associated adverse safety and health services, and the include the review, discussion, and events; and updates on CDC activities of prevention of work-related injury and illness. evaluation of applications received in interest to the committee. It is anticipated that research funded will response to Request for Applications OH–05– Agenda items are subject to change as promote these program goals. 003. priorities dictate. Contact Person for More Information: Matters To Be Discussed: The meeting will Contact Person for More Information: Bernadine Kuchinski, Ph.D. Scientific convene in open session from 8–8:15 a.m. on Harriett Lynch, Committee Management Review Administrator, National Institute for February 22, 2005, to address matters related Specialist, HICPAC, Division of Healthcare Occupational Safety and Health, CDC, 4676 to the conduct of Study Section business. Quality Promotion, NCID, CDC, 1600 Clifton Columbia Parkway, MS C7, Cincinnati, OH The remainder of the meeting will proceed in Road, NE., M/S A–07, Atlanta, Georgia 45226, Telephone 513–533–8511. 30333, telephone 404/498–1182. closed session. The purpose of the closed The Director, Management Analysis and sessions is for the study section to consider Services Office, has been delegated the The Director, Management Analysis and Services Office, has been delegated the safety and occupational health-related grant authority to sign Federal Register notices applications. These portions of the meeting pertaining to announcements of meetings and authority to sign Federal Register notices will be closed to the public in accordance other committee management activities, for pertaining to announcements of meetings and both CDC and the Agency for Toxic other committee management activities, for with provisions set forth in Section Substances and Disease Registry. both CDC and the Agency for Toxic 552b(c)(4) and (6), Title 5 U.S.C., and the Substances and Disease Registry. Determination of the Director, Management Dated: February 3, 2005. Dated: February 4, 2005. Analysis and Services Office, Centers for Alvin Hall, Alvin Hall, Disease Control and Prevention, pursuant to Director, Management Analysis and Services Director, Management Analysis and Services Section 10(d) Pub. L. 92–463. Office, Centers for Disease Control and Agenda items are subject to change as Prevention (CDC). Office, Centers for Disease Control and Prevention. priorities dictate. [FR Doc. 05–2571 Filed 2–9–05; 8:45 am] [FR Doc. 05–2569 Filed 2–9–05; 8:45 am] Contact Person for More Information: Price BILLING CODE 4163–19–P Connor, Ph.D., NIOSH Health Scientist, 1600 BILLING CODE 4163–18–P Clifton Road, NE., Mailstop E–20, Atlanta, Georgia 30333, telephone 404–498–2511, fax DEPARTMENT OF HEALTH AND 404–498–2569. HUMAN SERVICES DEPARTMENT OF HEALTH AND HUMAN SERVICES Due to programmatic issues that had to be resolved, the Federal Register notice is being Centers for Disease Control and published less than fifteen days before the Prevention Centers for Disease Control and Prevention date of the meeting. Healthcare Infection Control Practices The Director, Management Analysis and Services Office, has been delegated the Advisory Committee (HICPAC) National Institute for Occupational Safety and Health, Safety and authority to sign Federal Register notices In accordance with section 10(a)(2) of Occupational Health Study Section pertaining to announcements of meetings and the Federal Advisory Committee Act other committee management activities for (Public Law 92–463), the Centers for In accordance with section 10(a)(2) of both CDC and the Agency for Toxic Disease Control and Prevention (CDC) the Federal Advisory Committee Act Substances and Disease Registry. announces the following meeting. (Public Law 92–463), the Centers for Disease Control and Prevention (CDC) Dated: February 4, 2005. Name: Healthcare Infection Control announces the following committee Alvin Hall, Practices Advisory Committee. Director, Management Analysis and Services Times and Dates: 8:30 a.m.–5 p.m., meeting. Office, Centers for Disease Control and February 28, 2005. 8:30 a.m.–4 p.m., March Name: Safety and Occupational Health Prevention. 1, 2005. Study Section (SOHSS), National Institute for Place: Westin Buckhead, 3391 Peachtree Occupational Safety and Health (NIOSH). [FR Doc. 05–2568 Filed 2–9–05; 8:45 am] Road, NE., Atlanta, Georgia 30333. Times and Dates: 8 a.m.–5 p.m., February BILLING CODE 4163–19–P Status: Open to the public, limited only by 22, 2005. 8 a.m.–5 p.m., February 23, 2005. the space available. Place: Embassy Suites Hotel, 1900 Purpose: The committee is charged with Diagonal Road, Alexandria, Virginia, 22314, providing advice and guidance to the telephone 703–684–5900, fax 703–684–1403.
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DEPARTMENT OF HOMELAND Atmospheric Administration National new public information collection to the SECURITY Marine Fisheries Service (NOAA Office of Management and Budget NMFS). Results of the assessment (OMB) for review and clearance under Coast Guard showed that the expected (average) red the Paperwork Reduction Act of 1995 drum base-case potential loss was (Pub. L. 104–13, 44 U.S.C. 35). This DEPARTMENT OF TRANSPORTATION equivalent to 0.8% of the 2002 Gulf of notice announces that the Information Mexico commercial and recreational Collection Request (ICR) abstracted Maritime Administration harvest (representing 28,335 age-1 below has been forwarded to OMB for equivalent red drum fish, or an review and comment. The ICR describes [USCG–2004–16860] equivalent yield of 100,985 pounds). the nature of the information collection Gulf Landing LLC Liquefied Natural The agreed upon range for the highest and its expected burden. Gas Deepwater Port License and lowest probable impacts were DATES: Send your comments by March Application; Final Environmental between 3.8% and 0.1% of the 2002 14, 2005. A comment to OMB is most Impact Statement Supplementary Gulf of Mexico commercial and effective if OMB receives it within 30 Material recreational harvest (representing days of publication. 137,334 and 2,353 age-1 equivalent red ADDRESSES: Comments may be faxed to AGENCY: Coast Guard, DHS, and drum fish, or an equivalent yield of the Office of Information and Regulatory Maritime Administration, DOT. 489,148 and 8,381 pounds, Affairs, Office of Management and ACTION: Notice of availability. respectively). Calculated potential Budget, Attention: DHS–TSA Desk impacts on all other species of concern Officer, at (202) 395–5806. SUMMARY: The Coast Guard and the analyzed were at least an order of FOR FURTHER INFORMATION CONTACT: Maritime Administration (MARAD) magnitude lower than for red drum and Katrina Wawer, Information Collection announce the availability of material can be found in detail in the correction Specialist, Office of Transportation supplementing the Final Environmental documents. Security Policy, TSA–9, Transportation Impact Statement (FEIS) for the Gulf Please note that the percentages are in Security Administration, 601 South Landing LLC Liquefied Natural Gas comparison to the total Gulf of Mexico 12th Street, Arlington, VA 22202–4220; Deepwater Port License Application. landings, and not to the entire fish stock telephone (571) 227–1995; facsimile The supplementary material corrects of the species of concern. Equivalent (571) 227–2594. errors that appear in the FEIS. yield is in no way intended to, or SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: If capable of predicting direct losses to you have questions about the fish landings or harvest. For example: Transportation Security Administration supplementary material, you may an equivalent yield that represents .8% (TSA) contact Lieutenant Commander Derek of the red drum fishing harvest is Title: Customer Comment Card. equivalent to an additional .8% fishing Dostie, U.S. Coast Guard at 202–267– Type of Request: Emergency stress on the population, when 0662 or [email protected]. If you processing request of new collection. have questions about this FEIS or the compared to that harvest, and not a .8% OMB Control Number: Not yet NEPA process, please contact Joan Lang, loss of that harvest. assigned. U.S. Coast Guard at 202–267–2498 or Dated: February 4, 2005. Forms(s): TSA Customer Comment [email protected]. If you have Howard L. Hime, Card. questions on viewing or submitting Acting Director of Standards, Marine Safety, Affected Public: Airport passengers. material to the docket, call Andrea M. Security, and Environmental Protection, U.S. Abstract: This collection establishes a Jenkins, Program Manager, Docket Coast Guard. voluntary program for airport Operations, telephone 202–366–0271. H. Keith Lesnick, passengers to provide feedback to the SUPPLEMENTARY INFORMATION: On Senior Transportation Specialist, Deepwater TSA regarding their experiences with December 3, 2004, the Coast Guard and Ports Program Manager, U.S. Maritime TSA security procedures. The collection MARAD notice of availability for the Administration. of information allows the TSA to Gulf Landing LLC Liquefied Natural Gas [FR Doc. 05–2596 Filed 2–9–05; 8:45 am] determine customer concerns about Deepwater Port License FEIS appeared BILLING CODE 4910–15–P security procedures and policies. TSA in the Federal Register (69 FR 70270). intends to make available to airports a Subsequently, we discovered and Customer Comment Card, which will corrected errors in the text and in DEPARTMENT OF HOMELAND collect feedback and, if the passenger Appendix G of the FEIS. These SECURITY desires, contact information so that TSA corrections appear in an errata sheet and staff can respond to the passenger’s revised Appendix G which, along with Transportation Security Administration comment. For passengers who deposit the FEIS itself, are now available in the their cards in the designated drop- docket on the Internet at http:// Reports, Forms, and Record Keeping boxes, TSA airport staff will collect the dms.dot.gov under docket number Requirements: Agency Information cards, categorize comments, enter the USCG–2004–16860. You may also view Collection Activity Under OMB Review; results into an online system for these materials in person at the Docket TSA Customer Comment Card reporting, and respond to passengers as Management Facility in room PL–401 AGENCY: Transportation Security necessary. Passengers also have the on the Plaza level of the Nassif Building, Administration (TSA), DHS. option to mail the cards directly to TSA. 400 Seventh Street, SW., Washington, ACTION: Notice of emergency clearance TSA also will continue to provide the DC, between 9 a.m. and 5 p.m., Monday request. TSA Contact Center for passengers to through Friday, except Federal holidays. make comments independently of The corrections relate to the SUMMARY: The U.S. Department of airport involvement. The TSA is ichthyoplankton impact assessments Homeland Security, Transportation requesting emergency clearance so that that were developed in coordination Security Administration, has submitted it can immediately collect and respond with the National Oceanic and a request for emergency processing of a in a timely manner to comprehensive
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feedback, which serves as critical input SUPPLEMENTARY INFORMATION: The 15- year and 162⁄3 percent, respectively. The when the TSA must modify its member Council advises the Secretary lessee has paid the required $500 screening procedures. of the Interior, through the Bureau of administrative fee and $166 to Number of Respondents: 1,783,800. Land Management, on a variety of reimburse the Department for the cost of Estimated Annual Burden Hours: An planning and management issues this Federal Register notice. The lessee estimated 150,880 hours. associated with public land has met all the requirements for TSA is soliciting comments to— management in Montana. At this reinstatement of the lease as set out in (1) Evaluate whether the proposed meeting, topics to discuss include: section 31 (d) and (e) of the Mineral information requirement is necessary for Field Manager Updates; The Miles Lands Leasing Act of 1920 (30 U.S.C. the proper performance of the functions City Field Office Resource Management 188), and the Bureau of Land of the agency, including whether the Plan Updates; Energy subcommittee Management is proposing to reinstate information will have practical utility; update; RMP subcommittee update; lease WYW149228 effective December (2) Evaluate the accuracy of the Public Access subcommittee update— 1, 2003, under the original terms and agency’s estimate of the burden; and other topics the council may raise. conditions of the lease and the (3) Enhance the quality, utility, and All meetings are open to the public. increased rental and royalty rates cited clarity of the information to be The public may present written above. BLM has not issued a valid lease collected; and comments to the Council. Each formal affecting the lands. (4) Minimize the burden of the Council meeting will also have time Theresa M. Stevens, collection of information on those who allocated for hearing public comments. are to respond, including through the Depending on the number of persons Land Law Examiner. use of appropriate automated, wishing to comment and time available, [FR Doc. 05–2539 Filed 2–9–05; 8:45 am] electronic, mechanical, or other the time for individual oral comments BILLING CODE 4310–22–P technological collection techniques or may be limited. Individuals who plan to other forms of information technology. attend and need special assistance, such DEPARTMENT OF THE INTERIOR Issued in Arlington, Virginia, on February as sign language interpretation, tour transportation or other reasonable 7, 2005. Bureau of Land Management Lisa S. Dean, accommodations, should contact the BLM as provided above. Privacy Officer. [NM–070–1430–01; NMNM111069] [FR Doc. 05–2631 Filed 2–9–05; 8:45 am] Dated: February 2, 2005. Notice of Realty Action; Direct Sale of BILLING CODE 4910–62–P David McIlnay, Field Manager. Public Land, Rio Arriba County, New Mexico [FR Doc. 05–2549 Filed 2–9–05; 8:45 am] DEPARTMENT OF THE INTERIOR BILLING CODE 4310–$$–M AGENCY: Bureau of Land Management, Interior. Bureau of Land Management ACTION: Notice of realty action. DEPARTMENT OF THE INTERIOR [MT–020–1010–PO] SUMMARY: The Bureau of Land Bureau of Land Management Management (BLM) proposes to dispose Notice of Public Meeting, Eastern [WY–920–1310–01; WYW149228] of 22.07 acres of Federal land in Rio Montana Resource Advisory Council Arriba County, New Mexico by direct Meeting Notice of Proposed Reinstatement of sale to the existing tenant in possession Terminated Oil and Gas Lease AGENCY: Bureau of Land Management, of the land. Interior, Montana, Billings and Miles AGENCY: Bureau of Land Management, DATES: Submit comments regarding the City Field Offices. Interior. proposed sale to BLM on or before ACTION: Notice of public meeting. ACTION: Notice of proposed March 28, 2005. reinstatement of terminated oil and gas ADDRESSES: Comments should be SUMMARY: In accordance with the lease. mailed or delivered to: Field Manager, Federal Land Policy and Management Farmington Field Office, Bureau of Land Act (FLPMA) and the Federal Advisory SUMMARY: Under the provisions of 30 Management, 1235 La Plata Highway, Committee Act of 1972 (FACA), the U.S. U.S.C. 188(d) and (e), and 43 CFR Farmington, NM 87401. Department of the Interior, Bureau of 3108.2–3(a) and (b)(1), the Bureau of The BLM Field Manager, Farmington Land Management (BLM) Eastern Land Management (BLM) received a Field Office, will review any adverse Montana Resource Advisory Council petition for reinstatement of oil and gas comments and may sustain, vacate, or (RAC), will meet as indicated below. lease WYW149228 for lands in modify this realty action. In the absence DATES: The meeting will be held March Campbell County, Wyoming. The of any adverse comments, this realty 10, 2005, in Miles City, MT beginning petition was filed on time and was action becomes the final determination at 8 a.m. When determined, the meeting accompanied by all the rentals due of the Department of the Interior and place will be announced in a News since the date the lease terminated will take effective on April 11, 2005. Release. The public comment period under the law. FOR FURTHER INFORMATION CONTACT: will begin at approximately 11 a.m. and FOR FURTHER INFORMATION CONTACT: Mary Jo Albin, Realty Specialist, at the the meeting will adjourn at Bureau of Land Management, Theresa BLM, Farmington Field Office, at (505) approximately 3:30 p.m. M. Stevens, Chief, Fluid Minerals 599–6332. Information related to this FOR FURTHER INFORMATION CONTACT: Adjudication, at (307) 775–6167. action, including the environmental Mark Jacobsen, Public Affairs Specialist, SUPPLEMENTARY INFORMATION: The lessee assessment, Environmental Site Miles City Field Office, 111 Garryowen has agreed to the amended lease terms Assessment and appraisal, are available Road, Miles City, Montana 59301. for rentals and royalties at rates of for review at the BLM, Farmington Field Telephone: (406) 233–2831. $10.00 per acre or fraction thereof, per Office at the address stated above.
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SUPPLEMENTARY INFORMATION: The BLM 4. The information required by CERCLA recreation sites where demand is the proposes to dispose of the following section 120(h)(3)(A)(i) to be set forth in the highest. deed. described lands in Rio Arriba County, EFFECTIVE DATE: The rules are effective New Mexico by direct sale pursuant to 5. The indemnity provisions set forth as a separate paragraph immediately below in this February 10, 2005. section 203 of the Federal Land Policy Notice. ADDRESSES: Bureau of Land and Management Act of October 21, Management, Butte Field Office, 106 N. 1976 (43 U.S.C. 1713): New Mexico By accepting title, Merrion, for itself, Parkmont, Butte, Montana 59701, Principal Meridian, T. 23 N., R. 6 W., its successors, assigns and grantees, [email protected]. Sec. 18: Lots 8, 11, Containing 22.07 agrees to indemnify the United States acres. against any liability arising from the FOR FURTHER INFORMATION CONTACT: Brad release or threatened release of Rixford, Outdoor Recreation Planner, The fair market value (FMV) for the hazardous waste on this property. This 106 N. Parkmont, Butte, Montana 59701; lands, exclusive of improvements, is agreement applies without regard to at telephone number 406–533–7600. $26,484.00 as determined by a current whether a release is caused by the appraisal conducted in accordance with SUPPLEMENTARY INFORMATION: proponent, their agent, or unrelated Department of the Interior policies and third parties. I. Background guidelines. Disposal of the land The proposed sale and conveyance of The BLM is establishing these conforms to the BLM land use plan for the above described lands will be in the supplementary rules under the authority the area. public interest, because it will enhance of 43 CFR 8365.1–6, which allows BLM The proposed purchaser is Merrion economic development by allowing State Directors to establish such rules Oil & Gas Corporation (Merrion) of Merrion to further develop and improve for the protection of persons, property, Farmington, New Mexico. For many the lands free of existing lease and public lands and resources. This years, Merrion has occupied the above restrictions and it will relieve the provision allows the BLM to issue rules described lands as the tenant under a United States of any requirement it may of less than national effect without lease for an oil and gas field storage yard be subject to under section codifying the rules in the Code of and operating center. The parcel of 120(h)(3)(A)(ii) of CERCLA. Federal Regulations. Upon completion, Federal land proposed for sale has been Publication of this notice temporarily the rules will be available for inspection surveyed and reduced to the 22.07 acres segregates the public land described in the Butte Field Office; the rules will occupied by the storage yard and above from all forms of appropriation be posted at the sites, and will be operating center. The proposed direct under the public land laws, including published in a newspaper of general sale recognizes the current authorized the general mining laws, except for sale circulation in the affected vicinity. uses of the Federal land by Merrion and under Section 203 of the Federal Land The overall program authority for the the substantial economic loss that could Policy and Management Act of 1976. operation of these developed recreation occur to Merrion if the land was Dated: September 1, 2004. sites is found in sections 302 and 310 purchased by another party, consistent of the Federal Land Policy and Ray Sanchez, with the provisions of 43 CFR 2711.3– Management Act of 1976 (43 U.S.C. 3(a)(3). These uses over time may have Supervisor for Lands & Realty. 1732, 1740). also resulted in the release or disposal [FR Doc. 05–2538 Filed 2–9–05; 8:45 am] The developed recreation sites where of hazardous substances onto the leased BILLING CODE 4310–VB–P fees are charged are managed under the land under Merrion’s possession and Recreation Fee Demonstration Project, control, thus, if such is the case, which allows the BLM to collect fees subjecting the United States, as owner of DEPARTMENT OF THE INTERIOR and use the revenues for the management of recreation sites within the land, to compliance with the Bureau of Land Management requirements of section 120(h) of the the state where the fees are collected. Comprehensive Environmental [MT–072–1220–EB] BLM published these rules on Response Compensation and Liability September 15, 2004 (69 FR 55651). Act, as amended (CERCLA), 42 U.S.C. Notice of Final Supplementary Rules II. Areas Covered by the 9620(h). Merrion is aware of its CERCLA for Developed Recreation Sites Within Supplementary Rules responsibilities as a potential the Area Managed by the Butte Field responsible party (PRP) and proposes to Office; Montana The supplementary rules containing continue to use the lands as a storage rules of conduct apply to all developed yard and operation center with related AGENCY: Bureau of Land Management, recreation sites within the area managed buildings and facilities. Because Interior. by the Butte Field Office. A second set Merrion is a PRP as to the leased land, ACTION: Notice. of the supplementary rules relating to Interior is not required to provide the permits and camp unit administration SUMMARY: covenants specified in section The Bureau of Land apply to all recreation fee sites managed 120(h)(3)(A)(ii) of CERCLA., when and Management (BLM), Butte Field Office, by the Butte Field Office. if it sells the land to Merrion. is implementing supplementary rules. These supplementary rules will apply to III. Discussion of the Supplementary The sale, will contain and be subject the public lands within developed Rules to the following: recreation sites managed by the Butte The following provides a summary 1. Reservation to the United States of a Field Office. The BLM has determined background of the rules of conduct in right-of-way for ditches and canals in these supplementary rules are necessary section 1 of the supplementary rules accordance with 43 U.S.C. 945. to: Protect natural resources in the areas; and the administrative rules in section 2. Reservation to the United States of all protect public health; enhance the safety 2 may need a background summary. minerals. of area visitors and neighboring a. We require that you pay for boat 3. Valid existing rights, including but not residents; and provide a more equitable ramp and other day-use facilities before limited to easements, licenses, permits or means for visitors to obtain overnight you launch or otherwise use them, leases, whether or not of record. camping units within developed rather than waiting for the end of the
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day when you may be in a hurry to proposed supplementary rules will not local or tribal governments or the return home. For those camping in create a serious inconsistency or private sector of more than $100 million recreation fee sites, BLM personnel will otherwise interfere with an action taken per year; nor do these supplementary advise you what units are available. or planned by another agency. The rules have a significant or unique effect Once you select a camp unit, you must supplementary rules do not alter the on State, local, or tribal governments or return to the entrance station to make budgetary effects of entitlements, grants, the private sector. The supplementary payment and complete your registration. user fees, or loan programs or the right rules do not require anything of State, b. Each camp unit has a wooden post or obligations of their recipients; nor do local, or tribal governments. Therefore, to which you must attach your payment they raise novel legal or policy issues. the BLM is not required to prepare a receipt. This way, we can see that you statement containing the information National Environmental Policy Act are properly registered without required by the Unfunded Mandates searching around your vehicle or The BLM has prepared an Reform Act (2 U.S.C. 1531 et seq.). otherwise bothering you during your environmental assessment (EA) or visit. management agreement and has found Executive Order 12630, Governmental c. We have had problems with people that the supplementary rules do not Actions and Interference With claiming or holding camp units for constitute a major Federal action Constitutionally Protected Property friends arriving later by placing coolers, significantly affecting the quality of the Rights (Takings) human environment under section deck chairs, vehicles, or other These supplementary rules do not 102(2)(C) of the Environmental equipment on the units. This is unfair represent a government action capable Protection Act of 1969 (NEPA), 42 to other visitors. Our camp units are of interfering with constitutionally U.S.C. 4332(2)(C). The supplementary available on a first-come, first-served protected property rights. The rules merely contain rules of conduct basis. supplementary rules do not address for certain recreational lands in d. Because of increased demand for property rights in any form, and do not Montana. These rules are designed to camping units within our developed cause the impairment of anybody’s protect the environment and the public recreation sites, we have reduced the property rights. Therefore, the health and safety. A detailed statement length-of-stay rule from 14 days to seven Department of the Interior has under NEPA is not required. BLM has days for some recreation sites, as listed. determined that these supplementary placed the EA and the Finding of No e. With respect to visitors’ claiming rules do not cause a taking of private Significant Impact (FONSI) on file in the extra boat dock slips, the reasoning property or require further discussion of BLM Administrative Record at the applied to the claiming of extra camp takings implications under Executive address specified in the ADDRESSES units in paragraph c., discussed above, Order 12630. applies equally to extra boat dock slips. section. f. We have had problems with Regulatory Flexibility Act Executive Order 13132, Federalism vandalism and after-dark keg parties getting out of hand at the Clark’s Bay Congress enacted the Regulatory These supplementary rules do not day-use recreation site, so we close the Flexibility Act (RFA) of 1980, as have a substantial direct effect on the site temporarily each day to vehicles amended, 5 U.S.C. 601–612, to ensure States, on the relationship between the and social gatherings from dusk to 9 that Government regulations do not national government and the States, or a.m., from May through September, and unnecessarily or disproportionately on the distribution of power and for the entire day from October through burden small entities. The RFA requires responsibilities among the various April. Individuals wishing to hike, jog, a regulatory flexibility analysis if a rule levels of government. The walk their dogs, or otherwise make would have a significant economic supplementary rules affect land in only pedestrian use of the site during the impact, either detrimental or beneficial, one state, Montana, and do not address closure periods are welcome to do so. on a substantial number of small jurisdictional issues involving the State entities. The supplementary rules do not government. Therefore, in accordance IV. Discussion of Public Comments pertain specifically to commercial or with Executive Order 13132, the BLM No comments were received and, governmental entities of any size, but to has determined that these consequently, no discussion is needed. public recreational use of specific supplementary rules do not have public lands. Therefore, the BLM has sufficient Federalism implications to V. Procedural Matters determined, under the RFA, that these warrant preparation of a Federalism Executive Order 12866, Regulatory supplementary rules will not have a Assessment. Planning and Review significant economic impact on a substantial number of small entities. Executive Order 12988, Civil Justice These supplementary rules are not a Reform significant regulatory action and are not Small Business Regulatory Enforcement subject to review by the Office of Fairness Act (SBREFA) Under Executive Order 12988, the Office of the Solicitor has determined Management and Budget under These supplementary rules do not that these supplementary rules do not Executive Order 12866. These constitute a ‘‘major rule’’ as defined at unduly burden the judicial system and supplementary rules will not have an 5 U.S.C. 804(2). Again, the that they meet the requirements of effect of $100 million or more on the supplementary rules merely contain sections 3(a) and 3(b)(2) of the Order. economy. They are not intended to rules of conduct for recreational use of affect commercial activity, but contain certain public lands. The supplementary Paperwork Reduction Act rules of conduct for public use of certain rules have no effect on business, recreational sites. They will not commercial, or industrial use of the These supplementary rules do not adversely affect, in a material way, the public lands. contain information collection economy, productivity, competition, requirements that the Office of jobs, the environment, public health or Unfunded Mandates Reform Act Management and Budget must approve safety, or State, local, or tribal These supplementary rules do not under the Paperwork Reduction Act, 44 governments or communities. These impose an unfunded mandate on State, U.S.C. 3501 et seq.
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Supplementary Rules be tried before a United States Protection Agency (‘‘EPA’’), against Section 1: Under 43 CFR 8365.1–6, Magistrate and fined no more than Armstrong World Industries, Inc. the Bureau of Land Management will $1,000 or imprisoned for no more than (‘‘AWI’’), seeking the recovery of enforce the following rules for 12 months, or both. Such violations may response costs incurred at seven sites developed recreation sites within the also be subject to the enhanced fines under section 104(a) of the area managed by the Butte Field Office, provided for by 18 U.S.C. 3571. Comprehensive Environmental Montana. Dated: December 28, 2004. Response, Compensation and Liability a. You may not engage in any Act, as amended, 42 U.S.C. 9604(a). Martin C. Ott, Under the proposed Settlement activities that disturb other campers State Director. Agreement, the claims of the United between 10 p.m. and 7 a.m. [FR Doc. 05–2540 Filed 2–9–05; 8:45 am] States regarding 19 ‘‘Liquidated Sites’’ b. Your pets must be controlled on BILLING CODE 4310–$$–P will be resolved for a total of leashes and their droppings picked up $8,727,738.80. In addition, the proposed and disposed of. Settlement Agreement will permit EPA c. You must not swim outside of JUDICIAL CONFERENCE OF THE to resolve in due course any alleged designated, roped-off areas. UNITED STATES liabilities of AWI at any ‘‘Additional d. You may not bring livestock into a Sites’’ (e.g., presently unknown sites), developed recreation site. Meeting of the Judicial Conference whether prior to or following the e. You may not claim or hold extra Advisory Committee on Rules of Civil effective date of a confirmed camp units for yourself or others. Procedure reorganization plan. Any settlements f. You may only use day-use docks for AGENCY: Judicial Conference of the reached or judgments obtained short term (10 minutes) loading and regarding such Sites will be paid at the unloading. United States; Advisory Committee on Rules of Civil Procedure. rate at which general unsecured claims g. You must not leave your camp unit against AWI will be paid. Under AWI’s ACTION: or any property unattended for more Notice of open meeting. proposed Fourth Amended Plan of than a period of 24 consecutive hours. SUMMARY: The Advisory Committee on Reorganization (the ‘‘Plan’’), which has Section 2: In addition to the rules in been approved by the United States Section 1 of these supplementary rules, Rules of Civil Procedure will hold an open meeting on Saturday, February 12, Bankruptcy Court for the District of the following additional rules apply to Delaware and is pending before the all recreation fee sites managed by the 2005, from 1 p.m. to 3 p.m. The meeting will be held in the Judicial Conference District Court, that rate is 59.5%. In Butte Field Office. addition, the United States has agreed a. You must pay established fees, and Center of the Thurgood Marshall Federal Judiciary Building, One that any claims which EPA may have at fill out all registration material, in 18 identified sites, where EPA upon advance of using a boat ramp or other Columbus Circle, NE. [The meeting will follow the investigation does not believe it has day-use facility, or immediately upon claims, will be discharged upon selecting a camp unit. Saturday, February 12, 2005, public hearing which will begin at 8:30 a.m., confirmation of the Plan. b. You must display your receipt of The Department of Justice will receive payment at your camp unit post for and end at 12 noon. Original notice of the February 12, 2005, public hearing for a period of thirty (30) days from the overnight camping or, for day-use date of this publication comments facilities, on the dashboard of your appeared in the Federal Register of February 1, 2005.] relating to the proposed Settlement vehicle in a clearly visible manner. Agreement. Comments should be c. You must not camp or hold any FOR FURTHER INFORMATION CONTACT: John addressed to the Assistant Attorney camp unit longer than seven (7) K. Rabiej, Chief, Rules Committee General, Environment and Natural consecutive days. This rule is limited to Support Office, Administrative Office of Resources Division, PO Box 7611, U.S. Holter Lake, Log Gulch, and Departure the United States Courts, Washington, Department of Justice, Washington, DC Point Recreation Sites. DC 20544, telephone (202) 502–1820. 20044–7611, and should refer to In re d. You may not use overnight dock Dated: February 3, 2005 Armstrong World Industries, Inc., DJ No. slips unless you are a paid, overnight John K. Rabiej, 90–11–3–07780. camper. Chief, Rules Committee Support Office. The proposed Settlement Agreement e. You may not claim or hold extra [FR Doc. 05–2599 Filed 2–9–05; 8:45 am] may be examined at the office of the boat dock slips for yourself or others. United States Attorney, District of BILLING CODE 2210–55–M f. You must not drive a motor vehicle Delaware, 1007 N. Orange Street, Suite into the Clark’s Bay day-use site, or use 700, Wilmington, Delaware 19801, and the day-use site for social gatherings, at the Office of the Regional Counsel, after dusk until 9 a.m. the following day DEPARTMENT OF JUSTICE U.S. Environmental Protection Agency, during the months of May through Notice of Lodging of Settlement Region III, 1650 Arch St., Philadelphia, September, nor shall you conduct these Stipulation Under the Comprehensive Pennsylvania 19103. During the uses in the site at any time during the Environmental Response, comment period, the Stipulation and months of October through April. Compensation and Liability Act Agreement may also be examined on the Individuals wishing to make pedestrian following Department of Justice Web use of the site during the closure Notice is hereby given that on January site, http://www.usdoj.gov/enrd/ periods are welcome to do so. 28, 2005, a proposed Settlement open.html. A copy of the Stipulation Penalties: On public lands, under Agreement in In re Armstrong World and Agreement may be obtained by mail section 303(a) of the Federal Land Industries, Inc., et al. Case No. 00–4471 from the Consent Decree Library, PO Policy and Management Act of 1976 (43 (Bankr. D. Del.), was lodged with the Box 7611, U.S. Department of Justice U.S.C. 1733(a)) and 43 CFR 8360.0–7 United States Bankruptcy Court for the Washington, DC 20044–7611 or by any person who violates any of these District of Delaware. In this action, the faxing or e-mailing a request to Tonia supplementary rules within the United States filed a proof of claim on Fleetwood ([email protected]). boundaries established in the rules may behalf of the U.S. Environmental fax no. (202) 514–0097, phone
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confirmation number (202) 514–1547. In response aid in and around its Illinois DEPARTMENT OF JUSTICE requesting a copy from the Consent refinery; donating $400,000 to a local Decree Library, please enclose a check emergency planning committee to fund Antitrust Division in the amount of $7.50 (25 cents per radio systems and an emergency Proposed Final Judgment and page reproduction cost) payable to the broadcast radio system in the area of Competitive Impact Statement; United U.S. Treasury. In all correspondence, COPC’s Pennsylvania refinery; donating please refer to the case by its title and States v. Eastern Mushroom Marketing $400,000 to the Louisiana Department of Cooperative, Inc. DOJ Ref. #90–11–3–07780. Environmental Quality to support Robert D. Brook, collection and recycling of household Notice is hereby given pursuant to the Assistant Chief, Environmental Enforcement hazardous waste; purchasing a fire truck Antitrust Procedures and Penalties Act, Section, Environment and Natural Resources for mutual aid response in and around 15 U.S.C. 16(b)–(h), that a Complaint, Division. COPC’s Washington refinery; replacing proposed Final Judgment, Stipulation, [FR Doc. 05–2550 Filed 2–9–05; 8:45 am] old fireplaces and wood stoves with and Competitive Impact Statement have BILLING CODE 4410–15–M new clean-burning fireplaces or certified been filed with the United States wood stoves for low income households District Court for the Eastern District of in the vicinity of the Washington Pennsylvania in United States v. DEPARTMENT OF JUSTICE refinery; and developing emissions Eastern Mushroom Marketing inventories and targets for air pollution Cooperative, Inc., Civil Case No. 04 CV Notice of Lodging of Consent Decree 5829. The proposed Final Judgment is reduction by participating cities and Under the Clean Air Act subject to approval by the Court after towns in the vicinity of the Washington compliance with the Antitrust Under 28 CFR 50.7, notice is hereby refinery. given that on January 27, 2005, a Procedures and Penalties Act, 15 U.S.C. Consent Decree in United States, et al. The Department of Justice will receive 16(b)–(h), including expiration of the v. ConocoPhillips Company, Civil for a period of thirty (30) days from the statutory 60-day public comment Action No. H–05–0258, was lodged with date of this publication comments period. the United States District Court for the relating to the Consent Decree. On December 16, 2004, The United Southern District of Texas. Comments should be addressed to the States filed a Complaint alleging that the In a complaint that was filed Assistant Attorney General, Eastern Mushroom Marketing simultaneously with the Consent Environment and Natural Resources Cooperative, Inc., in order to support its Decree, the United States, the State of Division, P.O. Box 7611, U.S. price increases, acquired certain Illinois, the State of Louisiana, the State Department of Justice, Washington, DC mushroom farms, then filed deed of New Jersey, the Commonwealth of 20044–7611, and should refer to United restrictions on the properties as part of Pennsylvania, and the Northwest Clean States, et al. v. ConocoPhillips an agreement among the cooperative Air Agency in the State of Washington Company, D.J. Ref. No. 90–5–2–1– members to restrict, forestall, and sought injunctive relief and penalties 06722/1. exclude competition from nonmember against ConocoPhillips Company farmers in an unreasonable restraint of (‘‘COPC’’), pursuant to sections 113(b) The Consent Decree may be examined trade in violation of Section 1 of the and 304(a) of the Clean Air Act at the Office of the United States Sherman Act. The Eastern Mushroom (‘‘CAA’’), 42 U.S.C. 7413(b), 7604(a), for Attorney, 910 Travis St., Suite 1500, Marketing Cooperative, whose members alleged CAA violations and violations of Houston, Texas 77208, and at U.S. EPA grow, sell, and ship mushrooms to retail the corollary provisions in State laws Region 6, 1445 Ross Avenue, Dallas, and food service outlets, is the largest occurring at the following refineries Texas 75202–2733. During the public mushroom cooperative in the United owned and operated by COPC: comment period, the Consent Decree States. During the 2001–2002 growing Roxanna/Hartford, Illinois; Belle may also be examined on the following season, the cooperative had Chasse, Louisiana; Linden, New Jersey; Department of Justice Web site, http:// approximately 19 members with control Trainer, Pennsylvania; Ferndale, www.usdoj.gov/enrd/open.html. A copy of more than 500 million pounds of Washington; Carson/Wilmington, of the Consent Decree may also be mushrooms valued in excess of $425 California; Rodeo/Santa Maria, obtained by mail from the Consent million. The cooperative controlled over California; Borger, Texas; and Sweeny, Decree Library, P.O. Box 7611, U.S. 60 percent of all agaricus mushrooms Texas. Department of Justice, Washington, DC grown in the United States during the Under the settlement, COPC will 20044–7611 or by faxing or e-mailing a 2001–2002 growing season and implement innovative pollution control request to Tonia Fleetwood approximately 90 percent of all agaricus technologies to reduce emissions of (tonia.fleetwoodusdoj.gov), fax number mushrooms grown in the eastern United nitrogen oxides, sulfur dioxide, and (202) 514–0097, phone confirmation States during the same growing season. particulate matter from refinery process number (202) 514–1547. In requesting a To restore competition, the proposed units. COPC also will adopt facility- Final Judgment filed with the Complaint copy from the Consent Decree Library, wide enhanced benzene waste will require the cooperative to remove please enclose a check in the amount of monitoring and fugitive emission the deed restrictions already filed and controls programs. In addition, COPC $73.25 (25 cents per page reproduction will enjoin and restrain the cooperative will pay a civil penalty of $4.525 cost) payable to the U.S. Treasury. from creating, filing, or enforcing any million for settlement of the claims in Robert D. Brook, mushroom deed restrictions with the complaint. Finally, COPC will Assistant Section Chief, Environmental respect to any real property in which undertake both Federal and State Enforcement Section, Environment and the cooperative has an ownership or environmentally-beneficial projects Natural Resources Division. leasehold interest of any kind. A worth more than $10 million including [FR Doc. 05–2551 Filed 2–9–05; 8:45 am] Competitive Impact Statement, filed by covering and oil/water separator at its the United States, describes the New Jersey refinery; purchasing a foam BILLING CODE 4410–15–M Complaint, the proposed Final aerial apparatus for mutual, emergency Judgment, and the remedies available to
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private litigants. Copies of the restrictions that permanently removed The EMMC, headquartered in Kennett Complaint, proposed Final Judgment, significant production capacity from the Square, Pennsylvania, began operations and Competitive Impact Statement are market. With the Complaint, the United in January 2001 and now is the largest available for inspection at the States and the EMMC filed an agreed- mushroom cooperative in the United Department of Justice in Washington, upon proposed Final Judgment that States. With control over combined DC in Room 215, 325 Seventh Street, requires the EMMC to eliminate the production of more than 500 million NW. 20530 (telephone: 202–514–2692) deed restrictions from all the properties pounds of mushrooms, the EMMC and at the Office of the Clerk of the it shut down. accounted for over 60 percent of United States District Court for the Under the proposed Final Judgment, agaricus mushroom sales during 2001– Eastern District of Pennsylvania, 601 the EMMC is required to file nullifying 2002. EMMC also sets the minimum Market Street, Room 2609, Philadelphia, documents in each jurisdiction where it prices at which its members can sell Pennsylvania 19106–1797. has filed any ‘‘Mushroom Deed their mushrooms to customers in Public comment is invited within 60 Restrictions,’’ as defined in the Final various geographic regions and days of the date of this notice. Such Judgment and discussed below in publishes those prices regularly. comments, and responses thereto, will section III(A). The EMMC is also be published in the Federal Register prohibited from creating, filing, or B. Effects of the Cooperative’s Activities and filed with the Court. Comments enforcing any Mushroom Deed One of the first acts of EMMC should be directed to Roger Fones, Restrictions with respect to any real members after forming the cooperative Chief, Transportation, Energy, and property in which the cooperative has was to agree to increase prices in each Agriculture Section, Antitrust Division, an ownership or leasehold interest of of the geographic regions where its U.S. Department of Justice, 325 7th any kind. members sell mushrooms. The agreed- Street, NW., Suite 500, Washington, DC The United States and the EMMC upon price increases averaged about 8 20530 (Telephone (202) 307–6351). have agreed that the proposed Final percent nationwide. Judgment may be entered after Less than four months after instituting Dorothy B. Fountain, compliance with the APPA, provided the price increases, the EMMC began Deputy Director of Operations, Antitrust that the United States has not acquiring mushroom farms through a Division. withdrawn its consent. Entry of the ‘‘Supply Control’’ campaign. Through United States District Court for the Final Judgment would terminate the membership dues and a so-called Eastern District of Pennsylvania action, except that the Court would ‘‘Supply Control Assessment,’’ the retain jurisdiction to construe, modify, EMMC collected approximately six United States of America, Plaintiff, v. or enforce the Final Judgment’s million dollars from its members Eastern Mushroom Marketing provisions and to punish violations between 2001 and 2003. Approximately Cooperative, Inc., Defendant; thereof. four million dollars of that money was Competitive Impact Statement II. Description of Practices Giving Rise used in its plan to control the supply of Civil Case No.: 2:04–CV–5829. mushrooms grown by nonmembers of Judge: Thomas N. O’Neill, Jr. to the Alleged Violations of the Antitrust Laws the cooperative. Between May 2001 and Date Stamp: 12/16/2004. March 2002, the EMMC acquired one The United States of America, A. Description of the Defendant and its mushroom farm in Dublin, Georgia, and pursuant to section 2(b) of the Antitrust Activities three in Pennsylvania. All four farms Procedures and Penalties Act, had mushroom-growing equipment and (‘‘APPA’’), 15 U.S.C. 16(b)–(h), files this The EMMC is organized pursuant to the Capper-Volstead Act, 7 U.S.C. 291 et together had the capacity to grow Competitive Impact Statement relating approximately 29 million pounds of to the proposed Final Judgment seq., which gives its members a limited immunity under the antitrust laws to act fresh mushrooms annually in submitted for entry in this civil antitrust competition with EMMC members’ proceeding. together voluntarily in ‘‘collectively processing, preparing for market, farms. The EMMC sold these properties, I. Nature and Purpose of the Proceeding handling, and marketing’’ their all at a loss, almost immediately after On December 16, 2004, the United products, and allows them to ‘‘make the purchasing them. The net loss for the States filed a civil antitrust Complaint necessary contracts and agreements to four properties combined was more than alleging that the Eastern Mushroom effect such purposes.’’ The Capper- $1.2 million. The EMMC placed the Marketing Cooperative, Inc. (‘‘EMMC’’) Volstead Act does not give farmers the deed restrictions prohibiting the had violated section 1 of the Sherman right to engage in exclusionary conduct of any business related to Act, 15 U.S.C. 1. The EMMC is made up practices, monopolize trade, or suppress mushroom growing on all the properties of entities that grow, buy, package, and competition with the cooperative. The at the time of each resale. For example, ship mushrooms to retail and food Supreme Court has stated that the one of the deed restrictions reads: service outlets across the United States. legislative history of the Act shows a This property shall never be used for the EMMC began operations in January congressional intent: cultivation, growing, marketing, sale or distribution of fresh mushrooms, canned 2001 and presently has 15 members. * * * to make it possible for farmer- and/or processed mushrooms or related EMMC sets the minimum prices at producers to organize together, set endeavors. which its members sell their association policy, fix prices at which their mushrooms to customers in various cooperative will sell their produce * * *. It In addition to the farm purchases and geographic regions throughout the does not suggest a congressional desire to sales, the EMMC entered into lease United States and publishes those prices vest cooperatives with unrestricted power to option agreements during 2002 for two restrain trade or to achieve monopoly by more mushroom farms, one in Ohio and regularly. preying on independent producers * * * or The Complaint alleges that, in order dealers intent on carrying on their own the other in Pennsylvania, at a total cost to support its price increases, the EMMC businesses in their own legitimate way.1 of another $1.2 million. The EMMC collectively purchased or entered lease never actually entered into leases for options on mushroom farms and 1 Maryland and Va. Milk Producers Assn. v. these properties, but the agreements thereafter shut them down, adding deed United States, 362 U.S. 458, 466–467 (1960). gave it the right to file deed restrictions
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prohibiting the production of as documents that are necessary to States Department of Justice, 325 7th mushrooms on the properties for ten nullify the legal effect of any Mushroom Street, NW.; Suite 500, Washington, DC years, and the EMMC exercised that Deed Restrictions filed by the EMMC 20530. right. previously on (1) the properties the The proposed Final Judgment The purpose of these real estate Defendant purchased in the name of the provides that the Court retains transactions was to prevent nonmember EMMC and thereafter resold; or (2) jurisdiction over this action, and the mushroom farmers from competing with properties in which the EMMC parties may apply to the Court for any EMMC and its members. purchased a leasehold interest. The order necessary or appropriate for the As a result of the deed restrictions Final Judgment requires the Defendant modification, interpretation, or filed by the EMMC upon the resale or to use its best efforts to file the required enforcement of the Final Judgment. lease of these mushroom growing Nullifying Documents as expeditiously VI. Alternatives to the Proposed Final properties in the eastern United States, as possible. Accordingly, the restrictions Judgment the EMMC was able to boast to its on competition caused by the deed members that it had ‘‘[a]nnually taken restrictions will be eliminated. The United States considered, as an over 50 million pounds out of alternative to the proposed Final IV. Remedies Available to Potential Judgment, a full trial on the merits production from facilities which could Private Litigants have easily been purchased and against the Defendant. The United remained in production.’’ EMMC’s Section 4 of the Clayton Act, 15 States could have entered into litigation actions artificially reduced the acreage U.S.C. 15, provides that any person who and sought an injunction forcing the and facilities available to produce has been injured as a result of conduct Defendant to void the deed restrictions. mushrooms for American consumers, prohibited by the antitrust laws may The United States is satisfied, however, and consumers were deprived of the bring in Federal court to recover three that the Defendant’s agreement to void benefits of competition. times the damages suffered, as well as the restrictions described in the costs and reasonable attorneys’ fees. proposed Final Judgment will preserve III. Explanation of the Proposed Final Entry of the proposed Final Judgment competition for the growth of agaricus Judgment will neither impair nor assist the mushrooms in the United States. A. Prohibited Conduct bringing of such actions. Under the provisions of section 5(a) of the Clayton VII. Standard of Review Under the Pursuant to the Final Judgment, Act, 15 U.S.C. 16(a), the Final Judgment APPA for the Proposed Final Judgment EMMC will be enjoined and restrained has no prima facie effect in any The APPA requires that proposed from creating, filing, or enforcing any subsequent lawsuits that may be consent judgments in antitrust cases Mushroom Deed Restrictions with brought against the Defendant. brought by the United States be subject respect to any real property in which to a 60-day comment period, after which V. Procedures Available for the cooperative has an ownership or the Court shall determine whether entry Modifications of the Proposed Final leasehold interest of any kind. As of the proposed Final Judgment ‘‘is in Judgment defined in the proposed Final Judgment, the public interest.’’ 15 U.S.C. 16(e)(1). Mushroom Deed Restrictions means any The United States and the Defendant In making that determination, the Court restriction or limitation contained in have stipulated that the proposed Final shall consider: any document filed in the land records Judgment may be entered by the Court (A) the competitive impact of such of any jurisdiction that, with respect to after compliance with the provisions of judgment, including termination of alleged any real property, limits the (1) the APPA, provided that the United violations, provisions for enforcement and commercial growing or cultivation of States has not withdrawn its consent. modification, duration or relief sought, any types, varieties or species of The APPA conditions entry upon the anticipated effects of alternative remedies mushrooms, mushroom spawn or other Court’s determination that the proposed actually considered, whether its terms are fungi; (2) packaging, processing, Final Judgment is in the public interest. ambiguous, and any other competitive freezing, storing, handling, selling, or The APPA provides a period of at considerations bearing upon the adequacy of marketing of any types, varieties or least sixty days preceding the effective such judgment that the court deems species of mushrooms, mushrooms date of the proposed Final Judgment necessary to a determination of whether the consent judgment is in the public interest; spawn or other fungi; (3) production of within which any person may submit to and Phase I, Phase II or Phase III mushroom the United States written comments (B) the impact of entry of such judgment compost for on-site or off-site use; or (4) regarding the proposed Final Judgment. upon competition in the relevant market or any other activity related to the Any person who wishes to comment markets, upon the public generally and production, processing or sale of should do so within 60 days of the date individuals alleging specific injury from the mushrooms, mushroom spawn or other of publication of this Competitive violations set forth in the complaint fungi, whether such production, Impact Statement in the Federal including consideration of the public benefit, processing or sales shall occur on or off Register. All comments received during if any, to be derived from a determination of such real property. this period will be considered by the the issues at trial. Department of Justice, which remains 15 U.S.C. 16(e)(1)(A) and (B). As the B. Effect of the Final Judgment free to withdraw its consent to the United States Court of Appeals for the The EMMC is required, within thirty proposed Final Judgment at any time District of Columbia Circuit has held, (30) calendar days after the filing of the prior to the Court’s entry of judgment. the APPA permits a court to consider, Complaint in this matter or five (5) days The comments and the response of the among other things, the relationship after notice of the entry of the Final United States will be filed with the between the remedy secured and the Judgment by the Court, whichever is Court and published in the Federal specific allegations set forth in the later, to file Nullifying Documents in Register. government’s complaint, whether the each jurisdiction where the Defendant Written comments should be decree is sufficiently clear, whether has filed any Mushroom Deed submitted to: Roger W. Fones, Chief, enforcement mechanisms are sufficient, Restrictions. Nullifying Documents are Transportation, Energy & Agriculture and whether the decree may positively defined in the proposed Final Judgment Section, Antitrust Division, United harm third parties. See United States v.
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Microsoft Corp., 56 F.3d 1448, 1458–62 Bechtel, 648 F.2d at 666 (emphasis added) 325 7th Street, NW., Suite 500, Washington, (D.C. Cir. 1995). (citation omitted).3 DC 20530, Telephone: (202) 305–8519. ‘‘Nothing in this section shall be The proposed Final Judgment, Laura Heiser, Anne Spiegelman, therefore, should not be reviewed under construed to require the court to Trial Attorneys, Antitrust Division, a standard of whether it is certain to Philadelphia Field Office. conduct an evidentiary hearing or to eliminate every anticompetitive effect of require the court to permit anyone to United States District Court for the a particular practice or whether it intervene.’’ 15 U.S.C. 16(e)(2). Thus, in Eastern District of Pennsylvania mandates certainty of free competition conducting this inquiry, ‘‘[t]he court is in the future. Court approval of a final nowhere compelled to go to trial or to United States of America, Plaintiff, v. judgment requires a standard more engage in extended proceedings which Eastern Mushroom Marketing flexible and less strict than the standard might have the effect of vitiating the Cooperative, Inc., Defendant; Final required for a finding of liability. ‘‘[A] benefits of prompt and less costly Judgment proposed decree must be approved even settlement through the consent decree Civil Case No.: 2:04–CV–5829. if it falls short of the remedy the court Judge: Thomas N. O’Neill, Jr. process.’’ 119 Cong. Rec. 24,598 (1973) would impose on its own, as long as it (statement of Senator Tunney).2 Rather: Date Stamp: 12/16/2004. falls within the range of acceptability or Whereas, Plaintiff, United States of [a]bsent a showing of corrupt failure of the is ‘within the reaches of public America, filed its Complaint on government to discharge its duty, the Court, interest.’’’ United States v. AT&T, 552 in making its public interest finding, should December 16, 2004, the Plaintiff and the F. Supp. 131, 151 (D.D.C. 1982) Defendant, by their respective attorneys, * * * carefully consider the explanations of (citations omitted) (quoting Gillette, 406 the government in the competitive impact have consented to the entry of this Final statement and its responses to comments in F. Supp. at 716), aff’d sub nom. Judgment without trail or adjudication order to determine whether those Maryland v. United States, 460 U.S. of any issue of fact or law, and without explanations are reasonable under the 1001 (1983); see also United States v. this Final Judgment constituting any circumstances. Alcan Aluminum Ltd., 605 F. Supp. 619, evidence against or admission by any 622 (W.D. Ky. 1985) (approving the party regarding any issue of fact or law; United States v. Mid-America consent decree even though the court Dairymen, Inc., 1977–1 Trade Cas. And Whereas, the Defendant agrees to would have imposed a greater remedy). be bound by the provisions of this Final (CCH) ¶ 61,508, at 71,980 (W.D. Mo. Moreover, the Court’s role under the 1977). Judgment pending its approval by the APPA is limited to reviewing the Court; Accordingly, with respect to the remedy in relationship to the violations And Whereas, the essence of this adequacy of the relief secured by the that the United States has alleged in its Final Judgment is the prompt and decree, a court may not ‘‘engage in an Complaint; the APPA does not authorize certain nullification of certain deed unrestricted evaluation of what relief the Court to ‘‘construct [its] own restrictions that limit mushroom would best serve the public.’’ United hypothetical case and then evaluate the production; States v. BNS, Inc., 858 F.2d 456, 462 decree against that case.’’ Microsoft, 56 And Whereas, Plaintiff requires the (9th Cir. 1988) (citing United States v. F.3d at 1459. Because the ‘‘court’s Defendant to nullify the deed Bechtel Corp., 648 F.2d 660, 666 (9th authority to review the decree depends restrictions for the purpose of Cir. 1981)); see also Microsoft, 56 F.3d entirely on the government’s exercising remedying the loss of competition at 1460–62. Courts have held that: its prosecutorial discretion by bringing alleged in the Complaint; [t]he balancing of competing social and a case in the first place,’’ it follows that And Whereas, the Defendant has political interests affected by a proposed ‘‘the court is only authorized to review represented to the United States that it antitrust consent decree must be left, in the the decree itself,’’ and not to ‘‘effectively will file expeditiously the documents first instance, to the discretion of the redraft the complaint’’ to inquire into necessary to nullify the legal effect of Attorney General. The court’s role in other matters that the United States did the deed restrictions in each jurisdiction protecting the public interest is one of not pursue. Id. at 1459–60. where the Defendant has filed any such ensuring that the government has not deed restrictions previously and that the breached its duty to the public in consenting VIII. Determinative Documents to the decree. The court is required to Defendant will later raise no claim of There are no determinative materials hardship or difficulty as grounds for determine not whether a particular decree is or documents within the meaning of the the one that will best serve society, but asking the Court to modify any of the whether the settlement is ‘‘within the reaches APPA that were considered by the requirements set forth below; of the public interest.’’ More elaborate United States in formulating the Now Therefore, before any testimony requirements might undermine the proposed Final Judgment. is taken, without trial or adjudication of effectiveness of antitrust enforcement by Dated: December 16, 2004. any issue of fact or law, and upon consent decree. Respectfully submitted, consent of the parties, it is ordered, C. Alexander Hewes, Tracey D. Chambers, adjudged and decreed: 2 See United States v. Gillette Co., 406 F. Supp. David McDowell, I. Jurisdiction 713, 716 (D. Mass. 1975) (recognizing it was not the Trial Attorneys, U.S. Department of Justice, court’s duty to settle; rather, the court must only Antitrust Division, Transportation, Energy answer ‘‘whether the settlement achieved [was] This Court has jurisdiction over the within the reaches of the public interest’’). A & Agriculture Section. subject matter of and each of the parties ‘‘public interest’’ determination can be made to this action. The Complaint states a properly on the basis of the Competitive Impact 3 Cf. BNS, 858 F.2d at 464 (holding that the claim upon which relief may be granted Statement and Response to Comments filed by the court’s ‘‘ultimate authority under the [APPA] is Department of Justice pursuant to the APPA. limited to approving or disapproving the consent against the Defendant under section 1 of Although the APPA authorizes the use of additional decree’’); Gillette, 406 F. Supp. at 716 (noting that, the Sherman Act, as amended (15 U.S.C. procedures, 15 U.S.C. 16(f), those procedures are in this way, the court is constrained to ‘‘look at the 1). discretionary. A court need not invoke any of them overall picture not hypercritically, nor with a unless it believes that the comments have raised microscope, but with an artist’s reducing glass’’). II. Definitions significant issues and that further proceedings See generally Microsoft, 56 F.3d at 1461 (discussing would aid the court in resolving those issues. See whether ‘‘the remedies [obtained in the decree are] As used in this Final Judgment: H.R. Rep. No. 93–1463, 93rd Cong., 2d Sess. 8–9 so inconsonant with the allegations charged as to A ‘‘EMMC’’ means the Eastern (1974), reprinted in 1974 U.S.C.C.A.N. 6535, 6538. fall outside of the ‘reaches of the public interest’’’). Mushroom Marketing Cooperative, Inc.,
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the Defendant in this case, a property in which the Defendant has an States to any person other than an Pennsylvania corporation with its ownership or leasehold interest of any authorized representative of the headquarters in Kennett Square, kind. executive branch of the United States, Pennsylvania, its successors and except in the course of legal proceedings VI. Affidavit and Copies assigns, and its subsidiaries, affiliates, to which the United States is a party members, divisions, groups, A. Within ten (10) calendar days of (including grand jury proceedings), or partnerships and joint ventures, and the filing of all Nullifying Documents for the purpose of securing compliance their directors, officers, managers, required by this Final Judgment, the with this Final Judgment, or as agents, and employees. Defendant shall provide to the United otherwise required by law. B. ‘‘Mushroom Deed Restrictions’’ States and the Court, an Affidavit D. If at the time information or means any restriction or limitation providing affirmative notice that all the documents are furnished by the contained in any document filed in the required Nullifying Documents have Defendant to the United States, the land records of any jurisdiction that, been filed in all required jurisdictions in Defendant represents and identifies in with respect to any real property, limits full compliance with the terms of this writing the material in any such the (1) commercial growing or Final Judgment. information nor documents to which a cultivation of any types, varieties or B. Within ten (10) calendar days after claim of protection may be asserted species of mushrooms, mushroom any Nullifying Documents have been under Rule 26(c)(7) of the Federal Rules spawn or other fungi; (2) packaging, filed in each jurisdiction, the Defendant of Civil Procedure, and the Defendant processing, freezing, storing, handling, shall provide to the United States a copy marks each pertinent page of such selling, or marketing of any types, of all Nullifying Documents filed in material, ‘‘Subject to claim of protection varieties or species of mushrooms, such jurisdiction. under Rule 26(c)(7) of the Federal Rules mushroom spawn or other fungi; (3) VII. Compliance Inspection of Civil Procedure,’’ then the United production of Phase I, Phase II or Phase States shall give the Defendant ten (10 A. For purposes of determining or III mushroom compost for on-site or off- calendar days notice prior to divulging securing compliance with this Final site, use; or (4) any other activity related such material in any legal proceeding Judgment, or of determining whether to the production, processing or sale of (other than a grand jury proceeding). mushrooms, mushroom spawn or other the Final Judgment should be modified fungi, whether such production, or vacated, and subject to any legally VIII. Retention of Jurisdiction processing or sales shall occur on or off recognized privilege, from time to time This Court retains jurisdiction to such real property. duly authorized representatives of the enable any party to this Final Judgment C. ‘‘Nullifying Documents’’ means United States Department of Justice, to apply to this Court at any time for such documents as are necessary to including consultants and other persons further orders and directions as may be nullify the legal effect of any Mushroom retained by the United States, shall, necessary or appropriate to carry out or Deed Restrictions filed by the EMMC upon written request of a duly construe this Final Judgment, to modify previously on (1) the properties the authorized representative of the any of its provisions, to enforce Defendant purchased in the name of the Assistant Attorney General in charge of compliance, and to punish violations of EMMC and thereafter resold; or (2) the Antitrust Division, and on its provisions. properties in which the EMMC reasonable notice to the Defendant, be purchased a leasehold interest. permitted: IX. Public Interest Determination 1. Access during the defendant’s Entry of this Final Judgment is in the III. Applicability office hours to inspect and copy, or at public interest. This Final Judgment applies to the the United States’ option, to require the This Final Judgment shall expire ten EMMC, as defined above, and all other Defendant to provide copies of all years from the date of its entry. persons in active concert or books, ledgers, accounts, records, and Dated: lllllllllllllllll participation with the EMMC who documents in the possession, custody, receive actual notice of this Final or control of the Defendant, relating to Court approval subject to procedures of any matters contained in this Final Antitrust Procedures and Penalties Act, 15 Judgment by personal service or U.S.C. 16. otherwise. Judgment; and lllllllllllllllllllll 2. To interview, either informally or United States District Judge. IV. Nullification of Mushroom Deed on the record, the Defendant’s officers, Restrictions employees, or agents, who may have United States District Court for the A. The Defendant is ordered and their individual counsel present, Eastern District of Pennsylvania directed, within thirty (30) calendar regarding such matters. The interviews United States of America, Department days after the filing of the Complaint in shall be subject to the reasonable of Justice, Antitrust Division, 325 7th this matter, or five (5) days after notice convenience of the interviewee and Street, NW., Washington, DC 20530, of the entry of this Final Judgment by without restraint or interference by the Plaintiff, v. Eastern Mushroom the Court, whichever is later, to file Defendant. Marketing Cooperative, Inc., 649 West B. Upon written request of a duly Nullifying Documents in each South Street, Kennett Square, authorized representative of the jurisdiction where the Defendant has Pennsylvania 19348, Defendant; Assistant Attorney General in charge of filed any Mushroom Deed Restrictions. Complaint The Defendant shall use its best efforts the Antitrust Division, the Defendant to file the required Nullifying shall submit written reports or Civil Case No.: 2:04–CV–5829. Documents as expeditiously as possible. interrogatory responses, under oath if Judge: Thomas N. O’Neill, Jr. requested, relating to any of the matters Date Stamp: 12/16/2004. V. Prohibited Activity contained in this Final Judgment as may The United States of America, acting The Defendant is enjoined and be requested. under the direction of the Attorney restrained from creating, filing, or C. No information or documents General, brings this antitrust action enforcing any Mushroom Deed obtained by the means provided in this against Eastern Mushroom Marketing Restrictions with respect to any real section shall be divulged by the United Cooperative, Inc. (‘‘EMMC’’), the
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nation’s largest mushroom cooperative, The EMMC never entered into leases on domestic sales of all mushrooms were to enjoin it and its members from these farms, but did file the deed over $800 million. purchasing or leasing mushroom farms restrictions. No mushrooms have been 13. Mushrooms are grown on farms, and shutting them down. grown on these properties since the usually in one-story windowless cinder deed restrictions were filed by the block buildings called ‘‘doubles.’’ I. Summary of Claims EMMC. Doubles are kept cool and dark at an 1. Each year, American consumers 6. The EMMC touted the success of optimum ground temperature of 64 spend over $800 million on mushrooms. the Supply Control campaign to its degrees year round. Mushrooms are EMMC members accounted for over 60 membership, claiming it had grown in stacks of beds, usually six beds percent of those sales during the 2001– ‘‘[a]nnually taken over 50 million to a stack and 24 beds to a double. The 2002 growing season. pounds out of production from facilities growing process takes approximately 2. The EMMC is organized pursuant which could have easily been purchased eight weeks to harvest from the to the Capper-Volstead Act (‘‘Capper- and remained in production.’’ introduction of mushroom seed, or Volstead’’), 7 U.S.C. 29] et seq. Under 7. The agreement among the EMMC ‘‘spawn’’ into the growing medium, Capper-Volstead, farmers have a limited members to restrict, forestall, and usually compost. Once harvested, immunity from the antitrust laws to act exclude competition from nonmember mushrooms are usually kept in together voluntarily in ‘‘collectively farmers is an unreasonable restraint of refrigerated storage on the farms until processing, preparing for market, trade in violation of section 1 of the packaged and shipped in refrigerated handling, and marketing’’ their Sherman Act. As a result of the EMMC’s trucks to customers. products, and ‘‘may make the necessary violations, the acreage and facilities 14. Agaricus mushrooms of better contracts and agreements to effect such available to produce mushrooms for quality are sold to fresh market retailers purposes.’’ Capper-Volstead provides no American consumers was artificially such as grocery store chains and food immunity, however, for cooperative reduced, and consumers were deprived distributors. Lesser quality agaricus members to conspire to prevent of the benefits of competition. mushrooms are often sold to canneries. The majority of the agaricus mushrooms independent, nonmember farmers from II. Jurisdiction and Venue competing with the cooperative or its grown by EMMC members are sold to members. 8. This Complaint is filed and this the fresh market. 3. Between May 2001 and August action is instituted under section 15 of 15. According to the U.S. Department 2002, the EMMC conducted a ‘‘Supply the Clayton Act, 15 U.S.C. 25, in order of Agriculture, approximately 66 Control’’ campaign to prevent to prevent and restrain the defendant percent of the domestic agaricus nonmember farmers from buying or from violating section 1 of the Sherman mushrooms grown in the United States leasing certain of the very few available Act, 15 U.S.C. 1. are grown in the eastern United States, mushroom farms. The purpose of this 9. The Defendant is an agricultural with 55 percent grown in Pennsylvania. campaign was to prevent nonmember cooperative whose members are engaged Fresh market mushroom prices farmers from competing with EMMC in the production and sale of fresh historically have been lowest in the east, and its members. market mushrooms in interstate and some fresh mushrooms grown in 4. Staring in May 2001, the EMMC commerce. The Defendant’s members’ the eastern United States are shipped bought four mushroom farms in the activities in the production and sale of west. eastern United States with annual mushrooms substantially affect V. Anticompetitive Effects combined growing capacity of interstate commerce. The Court has 16. In January 2001, shortly after its approximately 29 million pounds. The subject matter jurisdiction over this formation, the EMMC and its members EMMC then resold the four properties at action pursuant to 28 U.S.C. 1331, agreed to set increased minimum prices a combined total loss of over $1.2 1337(a) and 1345. at which they would sell fresh million and placed permanent deed 10. The Defendant has consented to mushrooms in six different geographic restrictions on the properties at the time personal jurisdiction and venue in this regions, covering the entire continental of each resale. The deed restrictions all judicial district. United States. The minimum prices they prohibited the conduct of any business III. The Defendant agreed to were higher, on average, than related to the growing of mushrooms. 11. The EMMC began operations in the prices prevailing in those regions For example, one deed restriction reads: January 2001, and is the largest prior to the EMMC’s formation. The This property shall never be used for the mushroom cooperative in the United price increases averaged about 8 percent cultivation, growing, marketing, sale or States. The EMMC is incorporated in the nationwide. distribution of fresh mushrooms, canned Commonwealth of Pennsylvania and is 17. The EMMC controlled over 60 and/or processed mushrooms or related headquarters in Kennett Square, percent of all agaricus mushrooms endeavors. Pennsylvania. The members of the grown in the United States during the No mushrooms have been grown on EMMC grow, sell, and ship mushrooms 2001–2002 growing season and these properties since they were resold to retail and food service outlets across approximately 90 percent of all agaricus by the EMMC. the United States. During the 2001–2002 mushrooms grown in the eastern United 5. In February and August 2002, the growing season, the EMMC had States during the same growing season. EMMC purchased lease options, at a approximately 19 members with control 18. Within three months of instituting cost of over one million dollars, on two of more than 500 million pounds of its price increases, the EMMC launched additional mushroom farms with a mushrooms valued in excess of $425 a campaign to control the mushroom combined annual growing capacity of million. supply by acquiring and subsequently approximately 14 million pounds. The dismantling non-EEMC mushroom lease options allowed the EMMC to file IV. Trade and Commerce growing operations in the eastern deed restrictions on the two properties 12. Agaricus mushrooms are the United States. The campaign was prohibiting the use of the properties for common table variety, accounting for planned to include the purchase of any business related to growing the vast majority of mushrooms grown mushroom farms in other regions of the mushrooms for a period of ten years. and sold in the United States. In 2002, country as well. The EMMC’s objective
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was to reduce overall mushroom supply 23. In February 2002, the EMMC generate any revenue than purchasing or as a means to support its price increases agreed to pay one million dollars to the leasing an existing growing operation. of early 2001. owners of Ohio Valley Mushroom Farms By eliminating the existing available 19. Through membership dues and a for, among other things, a non-complete productive capacity, the EMMC ‘‘Supply Control Assessment’’ the agreement, a right of first refusal to lease effectively forestalled competitive entry EMMC collected approximately six the mushroom growing operations, a by at least 18 months. right of first refusal to purchase the million dollars from its members during VI. Capper-Volstead 2001–2002. EMMC then spent properties, and the right to record a approximately three million dollars to deed restriction prohibiting the conduct 29. The EMMC was formed pursuant purchase four mushroom farms and to of any business related to mushroom to the Capper-Volstead Act. Congress acquire lease options on two additional growing on the property for ten years. enacted the Capper-Volstead Act to mushroom farms in the eastern United The EMMC did not lease or purchase improve the bargaining power of States for the purpose of shutting them the property, but filed the deed individual farmers when dealing with down and reducing the mushroom restriction on the Ohio Valley Farm, the corporate purchasers of their production capacity available for which had recently been operated as a products by allowing farmers to act nonmembers to grow mushrooms in mushroom growing concern with collectively without violating the competition with the EMMC. annual capacity of nine million pounds. antitrust laws. Under the Capper- 20. In May 2001, the EMMC 24. In March, 2002, the EMMC Volstead Act, farmers, in a cooperative purchased a farm in Dublin, Georgia at purchased the La Conca D’Oro may collectively market their crops, a bankruptcy auction. The Dublin farm mushroom farm in Berks County, including jointly setting prices, but they had an annual mushroom production Pennsylvania. The La Conca D’Oro farm may not engage in exclusionary capacity of approximately eight million had an annual production capacity of practices, monopolize trade or suppress pounds. At the auction, the EMMC approximately five million pounds. The competition with the cooperative. EMMC sold the farm and the outbid a nonmember mushroom grower VII. Violations Alleged based in Colorado that was attempting mushroom-growing equipment on the to enter mushroom farming in the farm approximately three months later 30. Fresh agaricus mushrooms is a eastern United States in competition at a loss of $500,000. Like the other relevant product market within the with EMMC. Three months later, the EMMC-acquired properties, this land meaning of Section 1 of the Sherman was sold with a deed restriction EMMC entered into a land exchange Act, 15 U.S.C. 1. The eastern United prohibiting anyone from conducting any with a land developer not connected to States is a relevant geographic market business related to the growing of the mushroom industry, in which the within the meaning of section 1 of the mushrooms on the property. EMMC exchanged the Dublin farm for Sherman Act. 25. In August 2002, the EMMC 31. The Supply Control campaign another mushroom farm consisting of purchased a ten-year lease option on the adopted and implemented by the EMMC two parcels in Evansville, Pennsylvania, Amadio Farm in Berks County, constitutes a conspiracy in unreasonable plus cash. As part of the exchange, the Pennsylvania for $230,000. The Amadio restraint of trade to prevent, forestall EMMC placed a permanent deed Farm had an annual mushroom and restrict competition from restriction on the Dublin farm production capacity of approximately independent mushroom producers of prohibiting the conduct of any business five million pounds. The owner of the section 1 of the Sherman Act, 15 U.S.C. related to the growing of mushrooms. property agreed with the EMMC to the 1. The EMMC lost approximately $525,000 filing of a deed restriction on the 32. To form and effectuate this on the Dublin farm purchase and property prohibiting anyone other than conspiracy, EMMC and its members did exchange transactions. the EMMC from conducting any the following things, among others: 21. Within three months of the Dublin business related to the growing of a. Collectively funded the Supply farm/Evansville land exchange, the mushrooms for ten years. EMMC never Control campaign: EMMC sold the largest parcel of the entered into a lease on the property. b. Sold four properties with Evansville, Pennsylvania farm to a third 26. As a result of the deed restrictions permanent deed restrictions forbidding party, with a permanent deed restriction placed by the EMMC on these six the conduct of any business related to prohibiting the conduct of any business mushroom farms in the eastern United the production of mushrooms; related to the growing of mushrooms. States, the EMMC removed more than c. Entered agreements with Less than a year later, the EMMC sold 42 million pounds of annual growing nonmembers to place deed restrictions the second parcel with the same capacity from that region, or on two properties for which the permanent deed restriction. The two approximately 8 percent of the total cooperative purchased lease options; parcels making up the Evansville, capacity in the eastern United States. and Pennsylvania farm, with an annual 27. The EMMC purpose in entering d. Filed deed restrictions on the two mushroom growing capacity of 15 into the purchase and lease transactions lease-optioned properties prohibiting million pounds, were sold at a was to reduce or eliminate the agaricus the conduct of any business related to collective loss of $137,000. mushroom growing capacity available to the production of mushrooms for ten 22. In January 2002, the EMMC potential independent competitors in years. purchased Gallo’s Mushroom Farm the eastern United States, thereby 33. The Supply Control campaign is (‘‘Gallo’s’’), in Berks County, improving the ability of its members to not a joint activity protected by the Pennsylvania. Gallos’ had an annual maintain the price increases to which exemption from the antitrust laws mushroom growing capacity of two they had agreed. created by the Capper Volstead Act, 7 million pounds. Less than four months 28. Depending on the size and U.S.C. 291, et seq. later, the EMMC sold Gallos’ at a loss of location, building a new mushroom 34. Unless the deed restrictions are $77,500 with a permanent deed growing and production facility costs voided and similar transactions are restriction prohibiting the conduct of millions of dollars and generally restrained in the future, the EMMC’s any business related to the growing of requires zoning approval. Building a violations likely will have the following mushrooms. new facility takes much longer to effects, among others:
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a. Competition generally in fresh J. David McDowell, United States of America market agaricus mushrooms in the Trial Attorneys, United States Department of lllllllllllllllllllll eastern United States will be restrained. Justice Antitrust Division, Transportation, Laura Heiser, b. Actual and potential competition Energy & Agriculture Section. Trial Attorney, United States Department of between the cooperative’s members and 325 7th Street, NW., Suite 500, Washington, Justice, Antitrust Division, Philadelphia DC 20530, Telephone: (202) 305–8519, other mushroom farmers will be Office, Facsimile: (202) 307–2784. The Curtis Center, Suite 650 W., 170 S. prevented, forestalled and restricted; lllllllllllllllllllll c. Acreage and facilities available to Independence Mall West, Philadelphia, PA Laura Heiser. 19106–2424, (215) 597–7405. produce mushrooms in the eastern lllllllllllllllllllll United States will be artificially Anne Spiegelman, Counsel for the United States. reduced; and Trial Attorneys, Antitrust Division, [FR Doc. 05–2495 Filed 2–9–05; 8:45 am] d. Consumers will be deprived of the Philadelphia Field Office. BILLING CODE 4410–11–M benefits of competition. December 16, 2004. VIII. Requested Relief United States District Court for the Wherefore, Plaintiff requests: Eastern District of Pennsylvania NUCLEAR REGULATORY COMMISSION 1. That the deed restrictions the United States of America, Plaintiff, v. EMMC placed on the six properties Eastern Mushroom Marketing [Docket No. 40–8968–ML; ASLBP No. 95– identified above be adjudged and Cooperative, Inc., Defendant; 706–01–ML] decreed to be unlawful and in violation Stipulation of section 1 of the Sherman Act, 15 Civil Case No.: 2:04–CV–5829. Hydro Resources, Inc.; Notice of U.S.C. 1. Reconstitution 2. That the Defendant and all persons Judge Thomas N. O’Neill, Jr. acting on its behalf be permanently Date Stamp: 12/16/2004. Pursuant to 10 CFR 2.1207, in the It is stipulated by and between the enjoined and restrained from enforcing above captioned Hydro Resources, Inc. undersigned parties by their respective the deed restrictions on the above- proceeding, Administrative Judge E. Roy attorneys that: mentioned properties and from entering Hawkens is hereby appointed to serve as 1. The Court has jurisdiction over the into or carrying out any contract, Presiding Officer in place of subject matter of this action and over agreement, understanding, or plan, the Administrative Judge Thomas S. Moore. each of the parties hereto, and venue of effect of which would be to limit, In accordance with 10 CFR 2.1203, all this action is proper in the Eastern forestall or prohibit the conduct of any correspondence, documents, and other District of Pennsylvania. material relating to any matter in this business related to the growing of 2. The parties consent that a Final proceeding should be served on mushrooms on any property in the Judgment in the form hereto attached Administrative Judge Hawkens as United States; may be filed and entered by the Court, 3. That the Defendant be ordered to follows: Administrative Judge E. Roy upon the motion of any party or upon file appropriate documents in the land Hawkens, Atomic Safety and Licensing the Court’s own motion, at any time records of each jurisdiction in Georgia, Board Panel, U.S. Nuclear Regulatory after compliance with the requirements Pennsylvania and Ohio where the Commission, Washington, DC 20555– of the Antitrust Procedures and EMMC previously filed deed 0001. Penalties Act (15 U.S.C. 16), and restrictions, to nullify the recorded deed without further notice to any party or Issued at Rockville, Maryland this, 4th day restrictions that had the effect of other proceedings, provided that the of February 2005. prohibiting the conduct of business United States has not withdrawn its G. Paul Bollwerk, III, related to the cultivation, growing, consent. Chief Administrative Judge, Atomic Safety production or marketing of mushrooms; 3. The defendant shall abide by and and Licensing Board Panel. and comply with the provisions of the [FR Doc. 05–2565 Filed 2–9–05; 8:45 am] 4. That Plaintiff have such other relief proposed Final Judgment pending entry BILLING CODE 7590–01–P as the Court may deem just and proper. of the Final Judgment, and shall, from Respectfully submitted, the date of the filing of this Stipulation, lllllllllllllllllllll comply with all the terms and SECURITIES AND EXCHANGE R. Hewitt Pate, provisions thereof as though the same Assistant Attorney General. COMMISSION lllllllllllllllllllll were in full force and effect as an order J. Bruce McDonald, of the Court. Submission for OMB Review; Deputy Assistant Attorney General. 4. In the event the proposed Final Comment Request lllllllllllllllllllll Judgment is not entered pursuant to this Dorothy B. Fountain, Stipulation, this Stipulation shall be of Upon Written Request, Copies Available Deputy Director of Operations and Civil no effect whatever, and the making of From: Securities and Exchange Enforcement. this Stipulation shall be without Commission, Office of Filings and lllllllllllllllllllll prejudice to any party in this or any Information Services, Washington, DC Roger W. Fones, other proceeding. 20549. Chief, Transportation , Energy & Agriculture Section. Dated: December 16, 2004. Extension: Rule 17a–4; SEC File No. 270– lllllllllllllllllllll 198; OMB Control No. 3235–0279. Eastern Mushroom Marketing Cooperative Donna N. Kooperstein, lllllllllllllllllllll Notice is hereby given that pursuant Assistant Chief, Transportation, Energy & to the Paperwork Reduction Act of 1995 Agriculture Section. William A. DeStefano, Saul Ewing, LLP, lllllllllllllllllllll Centre Square West, 1500 Market Street, 38th (44 U.S.C. 3501 et seq.), the Securities C. Alexander Hewes. Floor, Philadelphia, PA 19102–2186, (215) and Exchange Commission lllllllllllllllllllll 972–8578. (‘‘Commission’’) has submitted to the Tracey D. Chambers. Counsel for the Eastern Mushroom Marketing Office of Management and Budget a lllllllllllllllllllll Cooperative. request for extension of the previously
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approved collection of information SECURITIES AND EXCHANGE must be submitted to OMB within 30 discussed below. COMMISSION days of this notice. Rule 17a–4 requires approximately Dated: February 4, 2005. 6,900 active, registered exchange Submission for OMB Review; Margaret H. McFarland, members, brokers and dealers (‘‘broker- Comment Request dealers’’) to preserve for prescribed Deputy Secretary. periods of time certain records required Upon Written Request, Copies Available [FR Doc. E5–572 Filed 2–9–05; 8:45 am] to be made by Rule 17a–3 and other From: Securities and Exchange BILLING CODE 8010–01–P Commission rules, and other kinds of Commission Office of Filings and records which firms make or receive in Information Services, Washington, DC SECURITIES AND EXCHANGE the ordinary course of business. Rule 20549. COMMISSION 17a–4 also permits broker-dealers to Extensions: Schedule TO OMB Control No. employ, under certain conditions, 3235–0515; SEC File No. 270–456. [File No. 1–12451] electronic storage media to maintain these required records. The records Notice is hereby given that pursuant Issuer Delisting; Notice of Application required to be maintained under Rule to the Paperwork Reduction Act of 1995 of New York Health Care, Inc. To 17a–4 are used by examiners and other (44 U.S.C. 3501 et seq.), the Securities Withdraw Its Common Stock, $.01 Par representatives of the Commission to and Exchange Commission Value, From Listing and Registration determine whether broker-dealers are in (‘‘Commission’’) has submitted to the on the Boston Stock Exchange, Inc. compliance with, and to enforce their Office of Management and Budget a February 4, 2005. compliance with, the Commission’s request for extension of the previously On January 21, 2005, New York rules. approved collection of information Health Care, Inc., a New York The staff estimates that the average discussed below. number of hours necessary for each corporation (‘‘Issuer’’), filed an Schedule TO must be filed by a application with the Securities and broker-dealer to comply with Rule 17a– reporting company that makes a tender 4 is 254 hours annually. Thus, the total Exchange Commission (‘‘Commission’’), offer for its own securities. Also, pursuant to Section 12(d) of the burden for broker-dealers is 1,752,600 persons other than the reporting hours annually. The staff believes that Securities Exchange Act of 1934 company making a tender offer for (‘‘Act’’) 1 and Rule 12d2–2(d) compliance personnel would be charged equity securities registered under 2 with ensuring compliance with thereunder, to withdraw its common Section 12 of the Exchange Act (which stock, $.01 par value (‘‘Security’’), from Commission regulation, including Rule offer, if consummated, would cause that 17a–4. The staff estimates that the listing and registration on the Boston person to own over 5% of that class of Stock Exchange, Inc. (‘‘BSE’’ or hourly salary of a compliance manager the securities) must file Schedule TO. is $50 per hour.1 Based upon these ‘‘Exchange’’). The purpose of Schedule TO is to On January 19, 2005, the Board of numbers, the total cost of compliance improve communications between for 6,900 respondents is approximately Directors (‘‘Board’’) of the Issuer public companies and investors before approved resolutions to withdraw the $87.63 million (1,752,600 yearly hours x companies file registration statements $50). The total burden hour decrease of Issuer’s Security from listing and involving tender offer statements. This registration on the BSE. In making the 128,661 results from the decrease in the information is made available to the number of respondents from 7,217 to decision to delist the Security from the public. Information provided on BSE, the Issuer stated various factors, 6,900. Schedule TO is mandatory. An agency may not conduct or including: (i) That the original listing of Approximately 2,500 issuers annually sponsor, and a person is not required to the Security on the Exchange was file Schedule TO and it takes 43.5 hours respond to, a collection of information required by the underwriter of the to prepare for a total of 108,750 annual unless it displays a currently valid Issuer’s initial public offering—a burden hours. It is estimated that 50% control number. contractual obligation that has expired; General comments regarding the of the 108,750 total burden hours (ii) that the Security has not traded on above information should be directed to (54,375 burden hours) is prepared by the Exchange from at least January 2002 the following persons: (i) Desk Officer the company. to the time of the application; (iii) the for the Securities and Exchange An agency may not conduct or expense involved in responding to the Commission, by sending an e-mail to: sponsor, and a person is not required to Exchange’s request 3 to make any [email protected]; and (ii) R. respond to, a collection of information Corey Booth, Director/Chief Information unless it displays a currently valid 1 15 U.S.C. 78l(d). Officer, Office of Information control number. 2 17 CFR 240.12d2–2(d). 3 By letter dated December 3, 2004, the Exchange Technology, Securities and Exchange Written comments regarding the requested that the Issuer file a listing of additional Commission, 450 Fifth Street, NW., above information should be directed to shares form with the Exchange and pay any fees Washington, DC 20549. Comments must the following persons: (i) Desk Officer associated therewith, and provide information be submitted to OMB within thirty days for the Securities and Exchange regarding: (i) The Issuer’s previously reported delisting of its common stock from Nasdaq and the of this notice. Commission, Office of Information and investigation resulting from the resignation of a February 4, 2005. Regulatory Affairs, Office of former director; (ii) the business purpose of the Margaret H. McFarland, Management and Budget, Room 10102, resignations of the Issuer’s Chief Executive Officer New Executive Office Building, and Chief Financial Officer, which are anticipated Deputy Secretary. Washington, DC 20503 or send an e- to occur upon the completion of the Issuer’s private [FR Doc. E5–569 Filed 2–9–05; 8:45 am] _ placement of securities; (iii) the current number of mail to David [email protected]; beneficial holders of the Issuer, and (iv) a potential BILLING CODE 8010–01–P and (ii) R. Corey Booth, Director/Chief rescission right on certain shares issued to holders Information Officer, Office of of BioBalance stock. On December 20, 2004, the 1 This figure is based on the SIA Report on Office Issuer requested an extension of the December 22, Salaries In the Securities Industry 2003 Information Technology, Securities and 2004 deadline to have more time to decide whether (Compliance Manager) and includes 35% for Exchange Commission, 450 Fifth Street, to expend the time and resources necessary to overhead charges. NW., Washington, DC 20549. Comments respond to the Exchange or to voluntarily delist. On
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necessary filings and paying any Commission determines to order a prepared summaries, set forth in associated fees to continue listing the hearing on the matter. Sections A, B, and C below, of the most Security on the Exchange; and (iv) that For the Commission, by the Division of significant aspects of such statements. the Security currently trades on the Market Regulation, pursuant to delegated A. Self-Regulatory Organization’s Over-the-Counter Market on the Pink authority.6 Statement of the Purpose of, and the Sheets. Jonathan G. Katz, Statutory Basis for, the Proposed Rule The Issuer stated in its application Secretary. Change that it has complied with BSE [FR Doc. E5–563 Filed 2–9–05; 8:45 am] procedures for delisting by filing the BILLING CODE 8010–01–P 1. Purpose required documents governing the withdrawal of securities from listing Under Section 107A of the Company and registration on the BSE. SECURITIES AND EXCHANGE Guide, the Exchange may approve for The Issuer’s application relates solely COMMISSION listing and trading securities that cannot to withdrawal of the Security from be readily categorized under the listing listing on the BSE and from registration [Release No. 34–51133; File No. SR–Amex– criteria for common and preferred 2004–101] under Section 12(b) of the Act,4 and stocks, bonds, debentures, or warrants.3 shall not affect its obligation to be Self-Regulatory Organizations; Notice The Amex proposes to list for trading registered under Section 12(g) of the of Filing and Order Granting under Section 107A of the Company Act.5 Accelerated Approval of a Proposed Guide notes issued by Citigroup, linked Any interested person may, on or to the performance of the DJIA (the Rule Change by the American Stock 4 before March 1, 2005, comment on the Exchange LLC Relating to the Listing ‘‘DJIA Notes’’ or ‘‘Notes’’). The DJIA is facts bearing upon whether the determined, calculated and maintained and Trading of Notes Linked to the 5 application has been made in Performance of the Dow Jones solely by Dow Jones. The Notes will accordance with the rules of the BSE, Industrial Average provide for a multiplier of 300% and what terms, if any, should be (‘‘Upside Participation Rate’’) of any imposed by the Commission for the February 3, 2005. positive performance of the DJIA during protection of investors. All comment Pursuant to Section 19(b)(1) of the such term subject to a maximum letters may be submitted by either of the Securities Exchange Act of 1934 payment amount or ceiling expected to following methods: (‘‘Act’’),1 and Rule 19b–4 thereunder,2 be 5.7%, which will be determined at notice is hereby given that on December the time of issuance (‘‘Capped Value’’).6 Electronic Comments 10, 2004, the American Stock Exchange • Send an e-mail to rule- LLC (‘‘Amex’’ or ‘‘Exchange’’) filed with 3 See Securities Exchange Act Release No. 27753 [email protected]. Please include the the Securities and Exchange (March 1, 1990), 55 FR 8626 (March 8, 1990) (order Commission (‘‘SEC’’ or ‘‘Commission’’) approving File No. SR–Amex–89–29). File Number 1–12451 or; 4 the proposed rule change as described Citigroup Global Markets Holdings, Inc. Paper Comments (‘‘Citigroup’’) and Dow Jones & Co. (‘‘Dow Jones’’) in Items I and II below, which Items have entered into a non-exclusive license agreement • Send paper comments in triplicate have been prepared by the Exchange. providing for the use of the DJIA by Citigroup and to Jonathan G. Katz, Secretary, The Commission is publishing this certain affiliates and subsidiaries in connection with certain securities including these Notes. Dow Securities and Exchange Commission, notice to solicit comments on the Jones is not responsible and will not participate in 450 Fifth Street, NW., Washington, DC proposed rule change from interested the issuance and creation of the Notes. 20549–0609. persons and is approving the proposal 5 The DJIA is a price-weighted index comprised All submissions should refer to File on an accelerated basis. of 30 common stocks chosen by the editors of the Number 1–12451. This file number Wall Street Journal (‘‘WSJ’’) as representative of the I. Self-Regulatory Organization’s broad market of U.S. industry. A price-weighted should be included on the subject line Statement of the Terms of Substance of index refers to an index that assigns weights to if e-mail is used. To help us process and the Proposed Rule Change component stocks based on the price per share review your comments more efficiently, rather than total market capitalization of such please use only one method. The The Exchange proposes to list and component stock. The corporations represented in trade under Section 107A of the Amex the DJIA tend to be leaders within their respective Commission will post all comments on industries and their stocks are typically widely held the Commission’s Internet Web site Company Guide (‘‘Company Guide’’), by individuals and institutional investors. Changes (http://www.sec.gov/rules/delist.shtml). notes linked to the performance of the in the composition of the DJIA are made solely by Comments are also available for public Dow Jones Industrial Average (‘‘DJIA’’ the editors of the WSJ. In addition, changes to the or ‘‘Index’’). common stocks included in the DJIA tend to be inspection and copying in the made infrequently with most substitutions the Commission’s Public Reference Room. II. Self-Regulatory Organization’s result of mergers and other extraordinary corporate All comments received will be posted Statement of the Purpose of, and actions. However, over time, changes are made to without change; we do not edit personal more accurately represent the broad market of U.S. Statutory Basis for, the Proposed Rule industry. In choosing a new corporation for the identifying information from Change DJIA, the editors of the WSJ focus on the leading submissions. You should submit only industrial companies with a successful history of information that you wish to make In its filing with the Commission, the growth and wide interest among investors. Dow available publicly. Amex included statements concerning Jones, publisher of the WSJ, is not affiliated with Citigroup and has not participated in any way in The Commission, based on the the purpose of, and basis for, the proposed rule change and discussed any the creation of the Notes. The number of common information submitted to it, will issue stocks in the DJIA has remained at 30 since 1928, an order granting the application after comments it received on the proposed and, in an effort to maintain continuity, the the date mentioned above, unless the rule change. The text of these statements constituent corporations represented in the DJIA may be examined at the places specified have been changed on a relatively infrequent basis. in Item III below. The Exchange has 6 Telephone conversation between Jeff Burns, December 20, 2004, the Exchange granted the Associate General Counsel, Amex, and Florence E. request and extended the Issuer’s time to either Harmon, Senior Special Counsel, Division of respond or voluntarily delist until January 14, 2005. 6 17 CFR 200.30–3(a)(1). Market Regulation (‘‘Division’’), SEC, dated January 4 15 U.S.C. 78l(b). 1 15 U.S.C. 78s(b)(1). 31, 2005 (as to expected amount payable at maturity 5 15 U.S.C. 78l(g). 2 17 CFR 240.19b–4. under various scenarios).
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The Capped Value limits the portion of three (3) times the appreciation of an Notes.10 The Notes are also not callable any appreciation in the value of the investment in an instrument directly by the issuer, Citigroup, or redeemable DJIA in which an investor can linked to the Index; thus, the Notes will by the holder. participate to approximately 17.1% of again provide more appreciation than an The payment that a holder or investor the principal amount of the Notes (e.g., investment in an instrument directly of a Note will be entitled to receive (the a multiplier of 300% of the positive linked to the Index. If the DJIA ‘‘Redemption Amount’’) will depend on performance of the Index subject to the decreases during this period, however, Capped Value of 5.7%). If the ending the value of the Notes will decline on the relation of the level of the DJIA at value of the DJIA exceeds the starting a one-to-one basis with the Index and the close of the market on a single value by more than the expected there is no floor on the depreciation. business day (the ‘‘Valuation Date’’) Capped Value of 5.7%, then the return The Notes will conform to the initial shortly prior to maturity of the Notes on the Notes will be limited to 17.1%; listing guidelines under Section 107A 7 (the ‘‘Final Index Level’’) and the thus, if the DJIA appreciates more that and continued listing guidelines under closing value of the Index on the date 17.1%, the return on the Notes will be Sections 1001–1003 8 of the Company the Notes are priced for initial sale to less than an investment in the Guide. The Notes are senior non- the public (the ‘‘Initial Index Level’’). If underlying stocks of the DJIA or a convertible debt securities of Citigroup. there is a ‘‘market disruption event’’ 11 similar security that was directly linked The Notes will have a term of at least when determining the Final Index to the DJIA but not subject to an one but no more than ten years.9 The Level, the Final Index Level maybe appreciation cap. However, for increases original public offering price will be $10 deferred up to two (2) business days if in the value of the Index equal to or per Note. The Notes will entitle the deemed appropriate by the calculation greater than 5.7% and less than 17.1%, owner at maturity to receive an amount agent. the appreciation on the Notes will be based upon the percentage change of the 17.1%; thus, the Notes provide more DJIA. The Notes will not have a If the percentage change of the Index appreciation than an investment in an minimum principal amount that will be is positive (i.e., the Final Index Level is instrument directly linked to the Index. repaid, and accordingly, payment on the greater than the Initial Index Level), the If the DJIA increases by less than 5.7%, Notes prior to or at maturity may be less Redemption Amount per Note will the appreciation on the Notes will equal than the original issue price of the equal:
Final Index Level− Initial Index Level $10+× $10× Upside Partcipation Rate , not to exceed the Capped Value. Initial Index Level
The Upside Participation Rate, If the percentage change of the Index Index Level), the Redemption Amount determined at the time of issuance, is is zero or negative (i.e., the Final Index per Note will equal: expected to be approximately 300%. Level is less than or equal to the Initial
Final Index Level− Initial Index Level $10+× $10 Initial Index Level
The Notes are cash-settled in U.S. comprising the DJIA. The Notes are on the Notes during such term. The dollars and do not give the holder any designed for investors who want to Commission has previously approved right to receive a portfolio security, participate in or gain enhanced upside the listing of securities and related dividend payments, or any other exposure to the DJIA, subject to a cap, options linked to the performance of the ownership right or interest in the and who are willing to forego principal DJIA.12 portfolio or index of securities protection and market interest payments
7 Section 107A of the Amex Company Guide in the opinion of the Exchange, it appears that the market for more than two hours of trading or during requires: (1) A minimum public distribution of one extent of public distribution or aggregate market the one-half hour period preceding the close of the million units; (2) a minimum of 400 shareholders value has become so reduced to make further principal trading session on such primary market; because the Notes are issued in $10 denominations; dealings on the Exchange inadvisable. With respect (ii) a breakdown or failure in the price and trade (3) a market value of at least $4 million; and (4) a to continued listing guidelines for distribution of reporting systems of any primary market as a result term of at least one year. In addition, the listing the Notes, the Exchange will rely, in part, on the of which the reported trading prices for 20% or guidelines provide that the issuer has assets in guidelines for bonds in Section 1003(b)(iv). Section more of the component stocks of the Index during excess of $100 million, stockholder’s equity of at 1003(b)(iv)(A) provides that the Exchange will the last one-half hour preceding the close of the least $10 million, and pre-tax income of at least normally consider suspending dealings in, or principal trading session on such primary market $750,000 in the last fiscal year or in two of the three removing from the list, a security if the aggregate are materially inaccurate; and (iii) the suspension, prior fiscal years. In the case of an issuer that is market value or the principal amount of bonds material limitation, or absence of trading on any unable to satisfy the earning criteria stated in publicly held is less than $400,000. major securities market for trading in options Section 101 of the Company Guide, the Exchange 9 The term of the Notes is expected to be 21 contracts, future contracts, or any options on such will require the issuer to have the following: (1) months and will be disclosed in the pricing futures contracts related to the Index for more than assets in excess of $200 million and stockholders’ supplement. two hours of trading or during the one-half hour equity of at least $10 million; or (2) assets in excess 10 A negative return of the DJIA will reduce the period preceding the close of the principal trading of $100 million and stockholders’ equity of at least redemption amount at maturity with the potential session on such market. $20 million. that the holder of the Note could lose his entire 12 See Securities Exchange Act Release Nos. 8 The Exchange’s continued listing guidelines are investment amount. 39011 (September 3, 1997), 62 FR 47840 (September set forth in Sections 1001 through 1003 of Part 10 11 A ‘‘market disruption event’’ is defined as (i) 11, 1997) (approving the listing and trading of to the Exchange’s Company Guide. Section 1002(b) the occurrence of a suspension, absence or material options on the DJIA); 39525 (January 8, 1998), 63 of the Company Guide states that the Exchange will limitation of trading of 20% or more of the FR 2438 (January 15, 1998) (approving the listing consider removing from listing any security where, component stocks of the Index on the primary and trading of DIAMONDS SM Trust Units, portfolio
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As of November 30, 2004, the market distribution of material, non-public rules/sro.shtml. Copies of the capitalization of the securities included information by its employees. submission, all subsequent in the DJIA ranged from a high of $373 amendments, all written statements 2. Statutory Basis billion to a low of $17.9 million.13 The with respect to the proposed rule average daily trading volume for these The Exchange believes that the change that are filed with the same securities for the last six months proposed rule change is consistent with Commission, and all written ranged from a high of 67.123 million Section 6 of the Act 16 in general and communications relating to the shares to a low of 1.861 million shares. furthers the objectives of Section proposed rule change between the The Index value will be widely 6(b)(5) 17 in particular in that it is Commission and any person, other than disseminated at least once every fifteen designed to prevent fraudulent and those that may be withheld from the seconds throughout the trading day. manipulative acts and practices, to public in accordance with the Because the Notes are issued in $10 promote just and equitable principles of provisions of 5 U.S.C. 552, will be denominations, the Amex’s existing trade, to foster cooperation and available for inspection and copying in equity floor trading rules will apply to coordination with persons engaged in the Commission’s Public Reference the trading of the Notes. First, pursuant facilitating transactions in securities, Section, 450 Fifth Street, NW, to Amex Rule 411, the Exchange will and to remove impediments to and Washington, DC 20549. Copies of such impose a duty of due diligence on its perfect the mechanism of a free and filing also will be available on the members and member firms to learn the open market and a national market Exchange’s Web site at http:// essential facts relating to every customer system. www.amex.com and for inspection and prior to trading the Notes.14 Second, the copying at the principal office of the Notes will be subject to the equity B. Self-Regulatory Organization’s Exchange. All comments received will margin rules of the Exchange.15 Third, Statement on Burden on Competition be posted without change; the the Exchange will, prior to trading the The Exchange does not believe that Commission does not edit personal Notes, distribute a circular to the the proposed rule change will impose identifying information from membership providing guidance with any burden on competition. submissions. You should submit only regard to member firm compliance information that you wish to make responsibilities (including suitability C. Self-Regulatory Organization’s available publicly. All submissions recommendations) when handling Statement on Comments on the should refer to SR–Amex–2004–101 and transactions in the Notes and Proposed Rule Change Received From should be submitted on or before March highlighting the special risks and Members, Participants or Others 3, 2005. characteristics of the Notes. With The Exchange did not receive any IV. Commission’s Findings and Order respect to suitability recommendations written comments on the proposed rule Granting Accelerated Approval of and risks, the Exchange will require change. members, member organizations, and Proposed Rule Change employees thereof recommending a IV. Solicitation of Comments After careful consideration, the transaction in the Notes: (i) To Interested persons are invited to Commission finds that the proposed determine that such transaction is submit written data, views, and rule change is consistent with the suitable for the customer, and (ii) to arguments concerning the foregoing, requirements of the Act and the rules have a reasonable basis for believing including whether the proposed rule and regulations thereunder, applicable that the customer can evaluate the change is consistent with the Act. to a national securities exchange, and, special characteristics of and is able to Comments may be submitted by any of in particular, with the requirements of bear the financial risks of such the following methods: Section 6(b)(5) of the Act.18 The transaction. In addition, Citigroup will Commission has approved the listing of deliver a prospectus in connection with Electronic Comments securities similar to that of the Notes.19 initial sales of the Notes. • Use the Commission’s Internet Accordingly, the Commission finds that The Exchange represents that its comment form http://www.sec.gov/ the listing and trading of the Notes surveillance procedures are adequate to rules/sro.shtml; or based on the DJIA is consistent with the properly monitor the trading of the • Send an E-mail to rule- Act and will promote just and equitable Notes. Specifically, the Amex will rely [email protected]. Please include SR– principles of trade, foster cooperation on its existing surveillance procedures Amex–2004–101 on the subject line. and coordination with persons engaged governing equities, which have been in regulating, clearing, settling, deemed adequate under the Act. In Paper Comments processing information with respect to addition, the Exchange also has a • Send paper comments in triplicate and facilitating transactions in general policy which prohibits the to Jonathan G. Katz, Secretary, securities, and, in general, protect Securities and Exchange Commission, investors and the public interest depositary receipts based on the DJIA); 46883 450 Fifth Street, NW., Washington, DC consistent with Section 6(b)(5) of the (November 21, 2002), 67 FR 71216 (November 29, 20549–0609. Act.20 2002) (approving the listing and trading of Market The requirements in Section 107A in Recovery Notes on the DJIA) and 49453 (March 19, All submissions should refer to SR– 2004), 69 FR 15913 (March 26, 2004) (approving the Amex–2004–101. This file number the Company Guide were designed to listing and Trading of Contingent Principal should be included on the subject line Protection Notes Linked to the Performance of the if e-mail is used. To help the 18 15 U.S.C. 78f(b)(5). DJIA). 19 See e.g., Securities Exchange Act Release No. 13 As reported by Dow Jones & Company at Commission process and review your 48152 (July 10, 2003), 68 FR 42435 (July 17, 2003) http://www.averages.dowjones.com. comments more efficiently, please use (order approving File No. SR–Amex–2003–62); 14 Amex Rule 411 requires that every member, only one method. The Commission will 48486 (September 11, 2003), 68 FR 54758 member firm or member corporation use due post all comments on the Commission’s (September 18, 2003) (order approving File No. SR– diligence to learn the essential facts, relative to Internet Web site http://www.sec.gov/ Amex–2003–74). every customer and to every order or account 20 In approving the proposed rule, the accepted. Commission has considered the proposed rule’s 15 See Amex Rule 462 and Section 107B of the 16 15 U.S.C. 78f(b). impact on efficiency, competition, and capital Company Guide. 17 15 U.S.C. 78f(b)(5). formation. 15 U.S.C. 78c(f).
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address the special concerns attendant Exchange represents that the DJIA will included in the exhibition ‘‘The Power to the trading of hybrid securities like be determined, calculated, and of Conversation: Jewish Women and the Notes. For example, Section 107A of maintained by the editors of the WSJ. their Salons,’’ imported from abroad for the Company Guide provides that the The Exchange has requested and the temporary exhibition within the United only issuers satisfying substantial asset Commission finds good cause for States, are of cultural significance. The and equity requirements may issue approving the proposed rule change objects are imported pursuant to loan securities, such as the Notes. In prior to the thirtieth day after the date agreements with the foreign owners. I addition, the Exchange’s ‘‘Other of publication of notice of filing thereof also determine that the exhibition or Securities’’ listing standards further in the Federal Register. The display of the exhibit objects at the require that the Notes have a market Commission believes that the Notes will Jewish Museum, New York, NY, from value of at least $4 million.21 By provide investors with an additional on or about March 4, 2005, to on or imposing the hybrid listing standards, investment choice and that accelerated about July 10, 2005; the McMullen suitability, disclosure, and compliance approval of the proposal will allow Museum, Boston College, Boston, MA, requirements noted above, the investors to begin trading the Notes from on or about August 22, 2005, to on Commission believes that the Exchange promptly. In addition, the Commission or about December 4, 2005, and at has addressed adequately the potential notes that it has previously approved possible additional venues yet to be problems that could arise from the the listing and trading of similar Notes determined, is in the national interest. hybrid nature of the Notes. and other hybrid securities based on the Public Notice of these Determinations is In approving the products, the Index.23 Accordingly, the Commission ordered to be published in the Federal Commission recognizes that the DJIA is believes that there is good cause, Register. a price-weighted index comprised of 30 consistent with Sections 6(b)(5) and FOR FURTHER INFORMATION CONTACT: For 24 common stocks chosen by the editors of 19(b)(2) of the Act, to approve the further information, including a list of the WSJ as representative of the broad proposal, on an accelerated basis. the exhibit objects, contact Julianne market of U.S. industry, with each stock V. Conclusion Simpson, Attorney-Adviser, Office of affecting the DJIA in proportion to its the Legal Adviser, U.S. Department of market price. Given the large trading It is therefore ordered, pursuant to Section 19(b)(2) of the Act,25 that the State, (telephone: (202) 453–8049). The volume and capitalization of address is U.S. Department of State, SA– compositions of the stocks underlying proposed rule change (SR–Amex–2004– 101) is hereby approved on an 44, 301 4th Street, SW., Room 700, the DJIA, the Commission believes that Washington, DC 20547–0001. the listing and trading of the Notes that accelerated basis. Dated: February 4, 2005. are linked to the DJIA should not For the Commission, by the Division of unduly impact the market for the Market Regulation, pursuant to delegated C. Miller Crouch, underlying securities comprising the authority.26 Principal Deputy Assistant Secretary for DJIA or raise manipulative concerns. Margaret H. McFarland, Educational and Cultural Affairs, Department Moreover, the issuers of the Deputy Secretary. of State. underlying securities comprising the [FR Doc. E5–571 Filed 2–9–05; 8:45 am] [FR Doc. 05–2623 Filed 2–9–05; 8:45 am] BILLING CODE 4710–08–P DJIA, are subject to reporting BILLING CODE 8010–01–P requirements under the Act, and all of the component stocks are either listed or DEPARTMENT OF STATE traded on, or traded through the DEPARTMENT OF STATE facilities of U.S. securities markets. [Public Notice 4989] The Commission also believes that [Public Notice 4990] Culturally Significant Objects Imported any concerns that a broker-dealer, such Culturally Significant Objects Imported for Exhibition Determinations: as Citigroup, or a subsidiary providing for Exhibition Determinations: ‘‘The ‘‘Thomas Demand’’ a hedge for the issuer, will incur undue Power of Conversation: Jewish position exposure are minimized by the Women and Their Salons’’ AGENCY: Department of State. size of the Notes issuance in relation to the net worth of Citigroup.22 AGENCY: Department of State. ACTION: Notice. Finally, the Commission notes that ACTION: Notice. SUMMARY: Notice is hereby given of the the value of the DJIA will be following determinations: Pursuant to disseminated at least once every fifteen SUMMARY: Notice is hereby given of the the authority vested in me by the Act of seconds throughout the trading day. The following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 21 The Commission also notes that the 30 October 19, 1965 (79 Stat. 985; 22 U.S.C. component stocks that comprise the DJIA are 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and reporting companies under the Act, and the Notes 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. will be registered under Section 12 of the Act. Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et 22 See Securities Exchange Act Release Nos. seq.), Delegation of Authority No. 234 of 44913 (October 9, 2001), 66 FR 52469 (October 15, 2681, et seq.; 22 U.S.C. 6501 note, et 2001) (order approving the listing and trading of seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority notes whose return is based on the performance of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as the Nasdaq-100 Index) (File No. SR–NASD–2001– No. 236 of October 19, 1999, as amended, and Delegation of Authority –73); 44483 (June 27, 2001), 66 FR 35677 (July 6, No. 257 of April 15, 2003 [68 FR 19875], 2001) (order approving the listing and trading of amended, and Delegation of Authority notes whose return is based on a portfolio of 20 No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be securities selected from the Amex Institutional I hereby determine that the objects to be included in the exhibition ‘‘Thomas Index) (File No. SR–Amex–2001–40); and 37744 Demand,’’ imported from abroad for (September 27, 1996), 61 FR 52480 (October 7, 23 temporary exhibition within the United 1996) (order approving the listing and trading of See supra note 22. notes whose return is based on a weighted portfolio 24 15 U.S.C. 78f(b)(5) and 78s(b)(2). States, are of cultural significance. The of healthcare/biotechnology industry securities) 25 15 U.S.C. 78s(b)(2). objects are imported pursuant to loan (File No. SR–Amex–96–27). 26 17 CFR 200.30–3(a)(12). agreements with the foreign owners. I
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also determine that the exhibition or of 1961, Public Law 87–256, as future programs. Proposals for single display of the exhibit objects at the amended, also known as the Fulbright- semester exchanges may be accepted for Museum of Modern Art, New York, NY, Hays Act. The purpose of the Act is ‘‘to partner countries where the academic from on or about March 1, 2005, to on enable the Government of the United year is not compatible with the U.S. or about May 30, 2005, and at possible States to increase mutual understanding academic calendar. Bureau seeks to additional venues yet to be determined, between the people of the United States award grants to further efforts in is in the national interest. Public Notice and the people of other countries * * *; participant countries where exchange of these Determinations is ordered to be to strengthen the ties which unite us programs have existed previously but published in the Federal Register. with other nations by demonstrating the also to encourage the establishment of FOR FURTHER INFORMATION CONTACT: For educational and cultural interests, academic year exchanges with countries further information, including a list of developments, and achievements of the where minimal or inadequate capability the exhibit objects, contact Julianne people of the United States and other has existed previously. Grants will be Simpson, Attorney-Adviser, Office of nations * * * and thus to assist in the awarded both to organizations that have the Legal Adviser, U.S. Department of development of friendly, sympathetic the necessary infrastructure and State, (telephone: 202–453–8049). The and peaceful relations between the experience conducting academic high address is U.S. Department of State, SA– United States and the other countries of school exchange programs with the 44, 301 4th Street, SW., Room 700, the world.’’ The funding authority for partner countries, as well as to those Washington, DC 20547–0001. the program above is provided through that seek to collaborate with the Bureau in building the necessary infrastructure Dated: February 4, 2005. legislation. Purpose: for exchanges with the partner countries C. Miller Crouch, Overview: The Partnerships for where this does not currently exist. It is Principal Deputy Assistant Secretary for Learning (P4L) initiative encompasses anticipated that initial funding for Educational and Cultural Affairs, Department cultural and civic exchanges as vehicles ‘‘start-up costs’’ for recruitment and of State. through which the successor generation selection associated with this program [FR Doc. 05–2622 Filed 2–9–05; 8:45 am] can engage in a dialogue for greater will be provided in FY–2005. The BILLING CODE 4710–08–P understanding. balance will be provided in FY–2006, The P4L–YES program is designed to pending availability of funds. foster a community of shared interests ECA will accept proposals for either DEPARTMENT OF STATE and values developed through better multiple-country or single-country [Public Notice 4988] mutual understanding via first-hand projects. It will also accept grants from participation of high school students, single applicants or from those that have Bureau of Educational and Cultural aged 15–17, from countries with formed partnerships with qualified Affairs (ECA) Request for Grant significant Muslim populations, in partners to implement specified tasks to Proposals: Partnerships for Learning academic semester and year exchanges complete the project. YES is a program Youth Exchange and Study (P4L–YES) to the United States. The program seeks for all students from countries with Program to select students with leadership significant Muslim populations, not just potential and to develop their for Muslim students. It is ECA’s Announcement Type: New Grant. expectation that, overall, across all Funding Opportunity Number: ECA/ leadership skills while in the U.S. and when they return home. regions, the majority of participants will PE/C/PY–05–26. be Muslim but that we will see ample Catalog of Federal Domestic The overarching goals are to: 1. Promote better understanding by religious, ethnic, socio-economic and Assistance Number: 00.000. geographic diversity within any Key Dates: youth from selected countries about Application Deadline: April 4, 2005. American society, people, institutions, country. Executive Summary: The Youth values and culture; Most student participants will arrive in their host communities during the Programs Division, Office of Citizen 2. Foster lasting personal ties; month of August 2006 and remain for 10 Exchanges of the Bureau of Educational 3. Enhance Americans’ understanding or 11 months until their departure and Cultural Affairs announces an open of the foreign students’ countries and during the period mid-May to early July competition for grants to support cultures; 4. Promote awareness of and 2007. For countries where the standard exchanges and relationship building involvement in civic and democratic of English instruction does not provide between high school students from processes among participants and their an adequate qualifying applicant pool, countries with significant Muslim peers; selected students requiring additional populations and people of the United 5. Increase the capacity of language instruction may arrive in July States. Public and private non-profit organizations in participating countries if additional preparation in the U.S. is organizations meeting the provisions to engage youth in activities that necessitated; alternatively applicants described in Internal Revenue Code advance mutual understanding and civil may propose in-country language section 26 U.S.C. 501(c)(3) and public society through alumni activities. preparation prior to the students’ institutions may submit proposals to This initiative is intended to build on departure from their home countries. As recruit and select students and to carry a solid foundation of exchanges laid in an alternative to the full-year-program, out projects for an academic year or past years by grantees selected in a grant recipients may bring a contingent semester of study in the United States, competition conducted in 2002 and of students to the U.S. for the spring incorporating themes promoting civil subsequently renewed in 2003 and 2007 semester from countries where the society and mutual understanding. 2004, while encouraging new applicants academic year is not compatible with I. Funding Opportunity Description with the ability to assist ECA in the U.S. academic year. During the expanding the breadth of the program. exchange period, students will Authority Funding will support academic year participate in activities designed to Overall grant making authority for exchanges and continue to incorporate teach them about community life, this program is contained in the Mutual lessons learned and best practices into citizen participation in a democracy, Educational and Cultural Exchange Act perfecting the model for conducting and U.S. culture. Participants will have
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opportunities to give presentations on Through participation in the YES and make a determination of which will their countries and cultures in program, students should: be applicable. community forums. 1. Acquire an understanding of 5. All grantees are required to include Guidelines: The partner countries for important elements of a civil society. people with physical disabilities in the this program will be selected based on This includes concepts such as exchange. a number of factors: (1) Foreign policy volunteerism, the idea that American 6. All exchange participants must considerations, (2) a favorable climate citizens can and do act at the grassroots travel on J–1 visas using DS–2019s for exchange, and (3) the ability of the level to deal with societal problems, and issued by the ECA program office under private sector to administer exchange an awareness of and respect for the rule its program designation. programs, as demonstrated by the of law. 7. Applicants should reflect an response to this RFGP. The tentative list 2. Acquire an understanding of a free understanding of the related youth work includes but is not limited to the market economy and private enterprise. of various international agencies in the following countries: Afghanistan, This includes awareness of privatization proposed country(s), such as the U.S. Algeria, Bahrain, Bangladesh, Brunei, and an appreciation of the role of Agency for International Development, Cambodia, Chad, Egypt, India, entrepreneurs in economic growth. World Bank, non-governmental Indonesia, Israel (Arab Communities), 3. Develop an appreciation for organizations (NGOs) working with Jordan, Kenya, Kuwait, Lebanon, American culture, an understanding of youth, and development foundations as Malaysia, Mali, Mauritania, Morocco, the diversity of American society and a way to enhance alumni programming Niger, Nigeria, Oman, Pakistan, increased tolerance and respect for and provide participants with resources Philippines, Qatar, Saudi Arabia, others with differing views and beliefs. and support when they return home. Senegal, Syria, Tanzania, Thailand, 4. Interact with Americans and 8. Projects should promote youth Tunisia, Turkey, United Arab Emirates, generate enduring ties. awareness of and involvement in civic West Bank/Gaza, and Yemen. The 5. Teach Americans about the cultures and democratic processes, including Bureau reserves the right to amend this of their home countries. tolerance of diversity, accountability of list at any time as conditions change. 6. Gain leadership capacity that will government, human rights, and Should an applicant have questions in enable them to initiate and support inclusiveness of women, people with regards to countries on this list or an activities in their home countries that disabilities and minorities. Proposals interest in proposing an exchange with focus on development and community may include small grants to encourage additional countries not on this list, service in their role as YES alumni. alumni to utilize what they have learned please contact the Bureau. (See Section Further Considerations: in their home countries to promote civic 1. There is no minimum or maximum IV.1 for contact information.) education projects and community Responsibilities: number of students who may be development initiatives. • To recruit, select and place selected and placed by one organization 9. Applicants should identify local approximately 1,000 high school however cost effectiveness will be a partners (organizations or individuals) students from countries with significant review criterion in all applications. It is in the countries with which they are Muslim populations in qualified, well- anticipated that approximately 5–7 proposing to collaborate and provide motivated host families. grants will be awarded for the YES information regarding their activities • To place students in schools that program. Placements may be in any and accomplishments in the proposal. have been accredited by the respective region in the U.S. Strong preference will Proposals must contain letters of state departments of education. be given to organizations that choose to commitment or support from the foreign • To expose program participants to place participants in clusters of at least country partner(s), and these letters American culture and civil society three students. Applicants must should be tailored to the activities being through homestay experiences and demonstrate that training of local staff proposed. enhancement activities that will enable ensures their competence in providing Please refer to the Solicitation them to attain a broad view of the culture and YES-specific orientation Package for further information, society and culture of the U.S. programs, appropriate enhancement especially the Project Objectives, Goals • To expose YES program activities, and quality supervision and and Implementation (POGI) and the participants to opportunities for counseling of students from Proposal Submission Instructions (PSI). volunteerism and community service. participating countries. Please refer to Proposal Contents: • To encourage YES program the Solicitation Package, available on In a 20-page, one-sided, double- participants to share their culture, request from the address listed below, spaced narrative, please describe the lifestyle and traditions with U.S. for details on essential program proposed project in detail, including the citizens throughout their stay and elements, permissible costs, and criteria themes, guidelines, responsibilities and including International Education used to select students. considerations outlined above. A Week. 2. We anticipate grants beginning no recommended outline to help with the • To provide YES students with later than June 2005. organization of your narrative is found leadership opportunities that will foster 3. Administration of the program in the POGI. skills they can take back with them and must be in compliance with reporting Please include any attachments in Tab use in their home countries. and withholding regulations for federal, E of your proposal. Limit the • To provide activities that will state, and local taxes as applicable. attachments to those essential for increase and enhance students’ Recipient organizations should understanding the proposal. understanding of the importance of demonstrate tax regulation adherence in tolerance and respect for the views and the proposal narrative and budget. II. Award Information beliefs of others in a civil society. 4. Applicants should submit the Type of Award: Grant Agreement. • To develop alumni databases and health and accident insurance plans Fiscal Year Funds: FY 2005 and FY– create alumni programs giving they intend to use for students on this 2006 (pending availability of funds). opportunities for returning students to program. If use of a private plan is Approximate Total Funding: incorporate their knowledge and skills proposed, the State Department will $10,000,000. into service in their home countries. compare that plan with the Bureau plan Approximate Number of Awards: 5–7.
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Approximate Average Award: demonstrate their ability to comply with (ECA/PE/C/PY–05–26) located at the top $2,000,000. all requirements for administering of this announcement on all other Floor of Award Range: There is no federal grants, including standards of inquiries and correspondence. minimum award. the Department of State as a secondary IV.2. To Download a Solicitation Ceiling of Award Range: There is no school student exchange visitor sponsor Package Via Internet: The entire maximum award. with experience in J–1 visa Solicitation Package may be Anticipated Award Date: Pending requirements; or downloaded from the Bureau’s Web site availability of funds, June 1, 2005. 2. As a lead organization, proposes to at http://exchanges.state.gov/education/ Anticipated Project Completion Date: form partnerships, consortia, and other rfgps/menu.htm. Please read all September 30, 2007 arrangements with other organizations information before downloading. Additional Information: Pending to pool resources that will result in IV.3. Content and Form of successful implementation of this implementing a program with the Submission: Applicants must follow all program and the availability of funds in required quality features, as outlined in instructions in the Solicitation Package. subsequent fiscal years, it is ECA’s this RFGP and supplementary The original and eight (8) copies of the intent to renew grants awarded in this documents. To be eligible for this latter application should be sent per the competition for up to two additional structure, the grantee organizations instructions under IV.3e. ‘‘Submission fiscal years, before openly competing must be already familiar with the Dates and Times section’’ below. the program again. Department of State’s standards and IV.3a. You are required to have a Dun and Bradstreet Data Universal III. Eligibility Information expectations for secondary school student exchange visitor sponsors and Numbering System (DUNS) number to III.1. Eligible applicants: Applications have a thorough knowledge of J–1 visa apply for a grant or cooperative may be submitted by public and private requirements. Though not a requirement agreement from the U.S. Government. non-profit organizations meeting the for all other members of the group, a This number is a nine-digit provisions described in Internal thorough understanding of the identification number, which uniquely Revenue Code section 26 U.S.C. secondary school student exchange identifies business entities. Obtaining a 501(c)(3). visitor regulations is essential for other DUNS number is easy and there is no III.2. Cost Sharing or Matching Funds: organizations involved in the selection, charge. To obtain a DUNS number, There is no minimum or maximum travel and placement of students. access http:// percentage required for this www.dunandbradstreet.com or call 1– competition. However, the Bureau Note: All accepted proposals must 866–705–5711. Please ensure that your encourages applicants to provide demonstrate a sufficient infrastructure within DUNS number is included in the maximum levels of cost sharing and each participating country that is satisfactory to ECA and the U.S. Embassy and will ensure appropriate box of the SF–424, which is funding in support of its programs. successful implementation of the program. part of the formal application package. When cost sharing is offered, it is IV.3b. All proposals must contain an understood and agreed that the IV. Application and Submission executive summary, proposal narrative applicant must provide the amount of Information and budget. cost sharing as stipulated in its proposal Please Refer to the Solicitation and later included in an approved grant Note: Please read the complete Federal Package. It contains the mandatory agreement. Cost sharing may be in the Register announcement before sending Proposal Submission Instructions (PSI) form of allowable direct or indirect inquiries or submitting proposals. Once the document and the Project Objectives, costs. For accountability, you must RFGP deadline has passed, Bureau staff may Goals and Implementation (POGI) maintain written records to support all not discuss this competition with applicants document for additional formatting and costs, which are claimed as your until the proposal review process has been technical requirements. contribution, as well as costs to be paid completed. IV.3c. You must have nonprofit status by the Federal government. Such IV.1. Contact Information to Request with the IRS at the time of application. records are subject to audit. The basis an Application Package: Please contact If your organization is a private for determining the value of cash and Kevin Baker at the Office of Citizen nonprofit which has not received a grant in-kind contributions must be in Exchanges, ECA/PE/C/PY, Room 568, or cooperative agreement from ECA in accordance with OMB Circular A–110, U.S. Department of State, SA–44, 301 the past three years, or if your (Revised), Subpart C.23—Cost Sharing 4th Street, SW., Washington, DC 20547, organization received nonprofit status and Matching. In the event you do not 202–203–7517 (t), 202–203–7529 (f), from the IRS within the past four years, provide the minimum amount of cost [email protected] to request a you must submit the necessary sharing as stipulated in the approved Solicitation Package. Please refer to the documentation to verify nonprofit status budget, ECA’s contribution will be Funding Opportunity Number (ECA/PE/ as directed in the PSI document. Failure reduced in like proportion. C/PY–05–26) located at the top of this to do so will cause your proposal to be III.3. Other Eligibility Requirements: announcement when making your declared technically ineligible. (a) Grants awarded to eligible request. IV.3d. Please take into consideration organizations with less than four years The Solicitation Package contains the the following information when of experience in conducting Proposal Submission Instruction (PSI) preparing your proposal narrative: international exchange programs will be document, which consists of required IV.3d.1. Adherence to All Regulations limited to $60,000. application forms, and standard Governing the J Visa. The Office of (b) Technical Eligibility: Funding will guidelines for proposal preparation. Citizen Exchanges of the Bureau of be awarded to organizations that: It also contains the Project Objectives, Educational and Cultural Affairs is the 1. As a single organization, have in Goals and Implementation (POGI) official program sponsor of the exchange place the existing infrastructure in the document, which provides specific program covered by this RFGP, and an U.S. and in the participating countries information, award criteria and budget employee of the Bureau will be the and have a recent track record of instructions tailored to this competition. ‘‘Responsible Officer’’ for the program successfully conducting educational Please specify Kevin Baker and refer under the terms of 22 CFR part 62, exchanges with those countries and can to the Funding Opportunity Number which covers the administration of the
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Exchange Visitor Program (J visa status, and disabilities. Applicants are A successful evaluation depends program). Under the terms of 22 CFR strongly encouraged to adhere to the heavily on grantees setting clear goals part 62, organizations receiving grants advancement of this principle both in and outcomes at the outset of a program. under this RFGP will be third parties program administration and in program Although InterMedia will conduct an ‘‘cooperating with or assisting the content. Please refer to the review independent evaluation of the program, sponsor in the conduct of the sponsor’s criteria under the ‘‘Support for your proposal should express clearly program.’’ The actions of grantee Diversity’’ section for specific your project goals, project’s objectives, program organizations shall be suggestions on incorporating diversity anticipated project outcomes, and how ‘‘imputed to the sponsor in evaluating into your proposal. Public Law 104–319 you will plan appropriate and focused the sponsor’s compliance with’’ 22 CFR provides that ‘‘in carrying out programs activities and to monitor students’ part 62. Therefore, the Bureau expects of educational and cultural exchange in progress throughout the year. Also, that any organization receiving a grant countries whose people do not fully proposals should explain alumni under this competition will render all enjoy freedom and democracy,’’ the activities and individual tracking in assistance necessary to enable the Bureau ‘‘shall take appropriate steps to order to monitor results realized post- Bureau to fully comply with 22 CFR provide opportunities for participation exchange. You should also show how part 62 et seq. in such programs to human rights and your project objectives link to the goals The Bureau of Educational and democracy leaders of such countries.’’ of the program described in this RFGP. Cultural Affairs places great emphasis Public Law 106—113 requires that the Your monitoring plan should clearly on the secure and proper administration governments of the countries described distinguish between desired program of Exchange Visitor (J visa) Programs above do not have inappropriate outputs and outcomes. Outputs are and adherence by grantee program influence in the selection process. products and services delivered, often organizations and program participants Proposals should reflect advancement of stated as an amount. Output information to all regulations governing the J visa these goals in their program contents, to is important to show the scope or size program status. Therefore, proposals the full extent deemed feasible. of project activities, but it cannot should explicitly state in writing that IV.3d.3. Program Monitoring and substitute for information about the applicant is prepared to assist the Evaluation. Grantees will be required to progress towards outcomes or the Bureau in meeting all requirements participate in an independent results achieved. Examples of outputs governing the administration of evaluation being conducted through include the number of people trained or the number of seminars conducted. Exchange Visitor Programs as set forth ECA for the first four years of the P4L in 22 CFR part 62. If your organization Outcomes, in contrast, represent YES program. The role of the grantees has experience as a designated specific results a project is intended to includes administering and submitting Exchange Visitor Program Sponsor, the achieve and is usually measured as an three surveys for each participant. The applicant should discuss their record of extent of change. InterMedia’s surveys survey forms will be provided to the compliance with 22 CFR part 62 et. seq., will collect information on both outputs grantee’s recruiting component office including the oversight of their and outcomes, but the focus will be on along with instructions by the Bureau’s Responsible Officers and Alternate outcomes. evaluation consultant, InterMedia. As Responsible Officers, screening and The second and final InterMedia has happened in the past, the grantee selection of program participants, surveys will assess the following four will receive a payment per participant provision of pre-arrival information and levels of outcomes—both during the orientation to participants, monitoring from the consultant to defray costs exchange and in the first year after their of participants, proper maintenance and incurred in this task. The first survey return home—as they relate to the security of forms, record-keeping, should be administered at the program goals set out in the RFGP reporting and other requirements. participants’ pre-departure orientations, (listed here in increasing order of The Office of Citizen Exchanges of preferably as early as possible. (Under importance). Grantees should ECA will be responsible for issuing DS– no circumstance may it be administered demonstrate in their proposals their 2019 forms to participants in this after the students have come to the US.) strategy for planning appropriate program. The second survey will be completed activities and monitoring that will A copy of the complete regulations on-line by students, and the grantees’ ensure participant success in these governing the administration of placement offices must ensure that all areas: Exchange Visitor (J) programs is students complete it near the end of the 1. Participant satisfaction with the available at http://exchanges.state.gov academic year before leaving the US. program and exchange experience. or from: United States Department of The final survey will be administered 2. Participant learning, such as State, Office of Exchange Coordination and submitted to InterMedia by the increased knowledge, aptitude, skills, and Designation, ECA/EC/ECD—SA–44, grantees’ recruitment offices in the and changed understanding and Room 734, 301 4th Street, SW., partner country with the students one attitude. Learning includes both Washington, DC 20547, Telephone: year after they return home. substantive (subject-specific) learning (202) 401–9810, FAX: (202) 401–9809. Through these surveys InterMedia and mutual understanding. IV.3d.2. Diversity, Freedom and will evaluate the project’s success 3. Participant behavior, concrete Democracy Guidelines. Pursuant to the through key evaluation questions, actions to apply knowledge in work or Bureau’s authorizing legislation, including students’ satisfaction with the community; greater participation and programs must maintain a non-political program, learning as a result of the responsibility in civic organizations; character and should be balanced and program, changes in behavior as a result interpretation and explanation of representative of the diversity of of the program, and effects of the experiences and new knowledge gained; American political, social, and cultural program on institutions (institutions in continued contacts between life. ‘‘Diversity’’ should be interpreted which participants work or partner participants, community members, and in the broadest sense and encompass institutions). The evaluation plan will others. differences including, but not limited to include indicators that measure gains in 4. Institutional changes, such as ethnicity, race, gender, religion, mutual understanding as well as increased collaboration and geographic location, socio-economic substantive knowledge. partnerships, policy reforms, new
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programming, and organizational allowable costs complete budget IV.3g. Intergovernmental Review of improvements. guidelines and formatting instructions. Applications: Executive Order 12372 Overall, the quality of your IV.3e.3. Grant funding will be does not apply to this program. monitoring and performance evaluation available to pay for a percentage of the IV.3h. Applicants must also submit plan will be judged on how well it (1) students to participate in a pre- the ‘‘Executive Summary’’ and specifies intended outcomes; (2) gives academic English enhancement and ‘‘Proposal Narrative’’ sections of the clear descriptions of how and when cultural adjustment program, on an as- proposal in Word format and budgets in each outcome will be measured and needed basis. Excel version on a PC-formatted disk. reported; (3) clearly explains how IV.3f. Submission Dates and Times: The Bureau will provide these files progress will be reported to ECA Application Deadline Date: April 4, electronically to the appropriate Public through the quarterly and final reports. 2005. Affairs Section(s) at the U.S. embassy Grantees will be required to provide Explanation of Deadlines: In light of (ies) for its (their) review. reports analyzing their evaluation recent events and heightened security V. Application Review Information findings to the Bureau in their regular measures, proposal submissions must be V.1. Review Process: The Bureau will program reports. All data collected, sent via a nationally recognized review all proposals for technical including monitoring tools and contact overnight delivery service (i.e., DHL, eligibility. Proposals will be deemed information, must be maintained for a Federal Express, UPS, Airborne Express, ineligible if they do not fully adhere to minimum of three years and provided to or U.S. Postal Service Express Overnight the guidelines stated herein and in the the Bureau upon request. Mail, etc.) and be shipped no later than Solicitation Package. All eligible IV.3d.4. The essential components for Monday, April 4, 2005. The delivery proposals will be reviewed by the all academic study projects undertaken services used by applicants must have program office, as well as the Public with Bureau grant funding include in-place, centralized shipping Diplomacy section overseas, where collaboration with American embassies identification and tracking systems that appropriate. Eligible proposals will be overseas in planning and implementing may be accessed via the Internet and subject to compliance with Federal and the exchange; the applicant should meet delivery people who are identifiable by Bureau regulations and guidelines and with the embassy’s Public Affairs Office commonly recognized uniforms and forwarded to Bureau grant panels for or Cultural Affairs Office to discuss the delivery vehicles. Proposals shipped on advisory review. Proposals may also be role and interests of the embassy in the or before the above deadline but reviewed by the Office of the Legal implementation of the project and in received at ECA more than seven days Adviser or by other Department alumni activities. after the deadline will be ineligible for elements. Final funding decisions are at further consideration under this Wherever possible program planning the discretion of the Department of competition. Proposals shipped after the should take into consideration and State’s Assistant Secretary for established deadlines are ineligible for include other U.S. Government funded Educational and Cultural Affairs. Final consideration under this competition. It programs. This is especially relevant for technical authority for assistance is each applicant’s responsibility to countries that receive ECA funding for awards grants resides with the Bureau’s ensure that each package is marked with Global Connections and Exchange Grants Officer. programs. Collaboration with these a legible tracking number and to Internet-based programs should help monitor/confirm delivery to ECA via the Review Criteria YES students, families and alumni Internet. ECA will not notify you upon Technically eligible applications will maintain contact through online portals receipt of application. Delivery of be competitively reviewed according to of communication. These programs may proposal packages may not be made via the criteria stated below. These criteria also offer YES alumni with platforms for local courier service or in person for this are not rank ordered and all carry equal practical and meaningful Internet-based competition. Faxed documents will not weight in the proposal evaluation: activities that serve schools and be accepted at any time. Only proposals 1. Quality of the program idea and communities. submitted as stated above will be planning: Proposals should exhibit IV.3e. Budget Guidelines: Please take considered. Applications may not be originality, substance, precision, and the following information into submitted electronically at this time. relevance to the Bureau’s mission and consideration when preparing your Applicants must follow all the purposes outlined in the budget. instructions in the Solicitation Package. solicitation. Detailed agenda and IV.3e.1. Applicants must submit a Important note: When preparing your relevant work plan should demonstrate comprehensive budget for the entire submission please make sure to include the ability to ensure that the proposed program. There must be a summary one extra copy of the completed SF–424 project accomplishes the stated budget as well as breakdowns reflecting form and place it in an envelope objectives in the desired time frame. both administrative and program addressed to ‘‘ECA/EX/PM.’’ Proposals should demonstrate how budgets. Applicants should provide The original and eight (8) copies of students will be recruited, selected, detailed separate sub-budgets for each the application should be sent to: U.S. monitored, trained and prepared for program component, country, or Department of State, SA–44, Bureau of their role as YES alumni. The level of activity. For multi-country programs, Educational and Cultural Affairs, Ref.: creativity, resources, and effectiveness applicants should also include a budget ECA/PE/C/PY–05–26, Program will be primary factors for review. summary with an estimate of the total Management, ECA/EX/PM, Room 534, Proposals should be clearly and request for each country considering all 301 4th Street, SW., Washington, DC accurately written, with sufficient, components from recruitment to 20547. relevant detail. The Narrative should placement to alumni support. This will Along with the Project Title, all address all of the items in the Statement allow reviewers to consider partial applicants must enter the above of Work and Guidelines described funding alternatives if necessary. Reference Number in Box 11 on the SF– above. IV.3e.2. Allowable costs for the 424 contained in the mandatory 2. Multiplier effect/Follow-on program include the following: Please Proposal Submission Instructions (PSI) activities: Proposed programs should refer to the Solicitation Package for of the solicitation document. strengthen long-term mutual
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understanding, including maximum as low as possible. All other items www.whitehouse.gov/omb/grants http:// sharing of information and should be necessary and appropriate. exchanges.state.gov/education/ establishment of long-term institutional Proposals should maximize cost-sharing grantsdiv/terms.htm#articleI. and individual ties both during the through institutional direct funding VI.3. Reporting Requirements: You exchange and after the participants contributions, as well as other private must provide ECA with a hard copy return home. Proposals should provide sector support. Preference will be given original plus one copy of the following a plan for continued contact with to organizations whose proposals reports: returnees to ensure that they are tracked demonstrate a quality, cost-effective (1) A final program and financial over time, utilized and/or organized as program. report no more than 90 days after the alumni, and provided opportunities to 7. Value to U.S.-Partner Country expiration of the award; reinforce the knowledge and skills they Relations: Proposals should indicate (2) Quarterly program and financial acquired on the exchange and share how the program is of value to U.S. and reports, which should follow guidelines them with others. partner countries’ interests and receive to be distributed after the awarding of 3. Support of Diversity: Proposals positive assessments by the U.S. the grant. Reports should include should demonstrate substantive support Department of State’s geographic area planned objectives and goals for the of the Bureau’s policy on diversity in all desks and overseas officers of program period, actual accomplishments, and program aspects including participants need, potential impact, and significance explanations of differences from (exchange students and hosts), sending in the partner countries. planned timeline. Reports are due on and hosting communities, orientation, the last day of each March, June, VI. Award Administration Information and program activities. Proposals September and December throughout should articulate a diversity plan, not VI.1. Award Notices: Final awards the project period. just a statement of compliance. cannot be made until funds have been Grantees will be required to work 4. Institutional Record/Capacity: appropriated by Congress, allocated and with the organization contracted by the Proposed personnel and institutional committed through internal Bureau Bureau to manage the evaluation of the resources should be adequate and procedures. Successful applicants will program. (Please refer to IV. Application appropriate to achieve the program’s receive an Assistance Award Document and Submission Instructions (IV.3.d.3) goals. Proposals for infrastructure (AAD) from the Bureau’s Grants Office. above for Program Monitoring and building should convincingly describe The AAD and the original grant Evaluation information. the need and the plan to address that proposal with subsequent modifications All data collected, including survey need in specific terms (e.g., staffing, (if applicable) shall be the only binding responses and contact information, must staff training, equipping and authorizing document between the be maintained for a minimum of three maintaining an office). The plan should recipient and the U.S. Government. The years and provided to the Bureau upon demonstrate a thorough understanding AAD will be signed by an authorized request. of local requirements for establishing Grants Officer, and mailed to the All reports must be sent to the ECA and registering an NGO. Proposals recipient’s responsible officer identified Grants Officer and ECA Program Officer should demonstrate an institutional in the application. listed in the final assistance award record of successful exchange programs, Unsuccessful applicants will receive document. including responsible fiscal notification of the results of the management and full compliance with application review from the ECA VII. Agency Contacts all reporting requirements for past program office coordinating this For questions about this Bureau grants as determined by Bureau competition. announcement, contact: Kevin Baker, Grant Staff. The Bureau will consider VI.2. Administrative and National Office of Citizen Exchanges, ECA/PE/C/ the past performance of prior recipients Policy Requirements: Terms and PY, Room 568, ECA/PE/C/PY–05–26, and the demonstrated potential of new Conditions for the Administration of U.S. Department of State, SA–44, 301 applicants. ECA agreements include the following: 4th Street, SW., Washington, DC 20547, 5. Project Evaluation: The Bureau will Office of Management and Budget 202–203–7517 (t) and 202–203–7529 (f), provide baseline data and standard Circular A–122, ‘‘Cost Principles for [email protected]. questionnaires for use in surveying Nonprofit Organizations.’’ All correspondence with the Bureau participants and returnees to ensure that Office of Management and Budget concerning this RFGP should reference data is comparable from one program to Circular A–21, ‘‘Cost Principles for the above title and number ECA/PE/C/ another and will facilitate the Educational Institutions.’’ PY–05–26. demonstration of results. The proposal OMB Circular A–87, ‘‘Cost Principles Please read the complete Federal should indicate concurrence with this for State, Local and Indian Register announcement before sending plan and explain how it will facilitate Governments.’’ inquiries or submitting proposals. Once the completion and submission of OMB Circular No. A–110 (Revised), the RFGP deadline has passed, Bureau participant surveys. Applicants may Uniform Administrative Requirements staff may not discuss this competition describe any experience conducting for Grants and Agreements with with applicants until the proposal results-oriented evaluations. Successful Institutions of Higher Education, review process has been completed. applicants will demonstrate clear Hospitals, and other Nonprofit program goals and objectives as well as Organizations. VIII. Other Information strategies for monitoring student and OMB Circular No. A–102, Uniform Notice alumni progress. Grantees are also Administrative Requirements for expected to submit quarterly reports Grants-in-Aid to State and Local The terms and conditions published that include student and alumni Governments. in this RFGP are binding and may not activities and progress. OMB Circular No. A–133, Audits of be modified by any Bureau 6. Cost-effectiveness/Cost-Sharing: States, Local Government, and Non- representative. Explanatory information The overhead and administrative profit Organizations. provided by the Bureau that contradicts components of the proposal, including Please reference the following Web published language will not be binding. salaries and honoraria, should be kept sites for additional information: http:// Issuance of the RFGP does not
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constitute an award commitment on the compliance. Respondents are individual FOR FURTHER INFORMATION CONTACT: part of the Government. The Bureau airmen, state or local governments, and Barry Brayer, Executive Resource Staff, reserves the right to reduce, revise, or businesses. Western Pacific Region Headquarters, increase proposal budgets in accordance Estimated Annual Burden Hours: An 15000 Aviation Blvd., Hawthorne, CA with the needs of the program and the estimated 235,164 hours annually. 90250, telephone: (310) 725–3800, e- availability of funds. Awards made will ADDRESSES: Send comments to the mail: [email protected], or Karen be subject to periodic reporting and Office of Information and Regulatory Trevino, National Park Service, Natural evaluation requirements per section VI.3 Affairs, Office of Management and Sounds Program, 1201 Oakridge Dr., above. Budget, 725 17th Street, NW., Suite 350, Ft. Collins, CO, 80525, Washington, DC 20505, Attention FAA telephone (970) 225–3563, e-mail: Dated: February 1, 2005. _ C. Miller Crouch, Desk Officer. Karen [email protected]. Comments are invited on: Whether SUPPLEMENTARY INFORMATION: Principal Deputy Assistant Secretary, Bureau the proposed collection of information of Educational and Cultural Affairs, Department of State. is necessary for the proper performance Background of the functions of the Department, [FR Doc. 05–2621 Filed 2–9–05; 8:45 am] The National Parks Air Tour including whether the information will BILLING CODE 4710–05–P Management Act of 2000 (the Act) was have practical utility; the accuracy of enacted on April 5, 2000, as Public Law the Department’s estimates of the 106–181. The Act required the burden of the proposed information DEPARTMENT OF TRANSPORTATION establishment of the advisory group collection; ways to enhance the quality, within 1 year after its enactment. The Federal Aviation Administration utility and clarity of the information to advisory group is comprised of a be collected; and ways to minimize the balanced group of representatives of Agency Information Collection Activity burden of the collection of information general aviation, commercial air tour Under OMB Review on respondents, including the use of operations, environmental concerns, automated collection techniquest or and Native American tribes. The AGENCY: Federal Aviation other forms of information technology. Administrator and the Director (or their Administration (FAS), DOT. Issued in Washington, DC, on February 2, designees) serve as ex officio members ACTION: Notice. 2005. of the group. Representatives of the Judith D. Street, Administrator and Director serve SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 FAA Information Collection Clearance alternating 1-year terms as chairman of Officer, Standards and Information Division, the advisory group. U.S.C. 3501 et seq.), this notice APF–100. announces that the information The advisory group provides ‘‘advice, [FR Doc. 05–2555 Filed 2–9–05; 8:45 am] Collection Request (ICR) abstracted information, and recommendations to below has been forwarded to the Office BILLING CODE 4910–13–M the Administrator and the Director— of Management and Budget (OMB) for (1) On the implementation of this title [the Act] and the amendments made by extension of the currently approved DEPARTMENT OF TRANSPORTATION collection. The ICR describes the nature this title; (2) On commonly accepted quiet of the information collection and the Federal Aviation Administration aircraft technology for use in expected burden. The Federal Register commercial air tour operations over a notice with a 60-day comment period Membership in the National Parks national park or tribal lands, which will soliciting comments on the following Overflights Advisory Group receive preferential treatment in a given collection of information was published AGENCY: Federal Aviation air tour management plan; on September 10, 2004, page 54840. Administration, DOT. (3) On other measures that might be DATES: Comments must be submitted on ACTION: Notice. taken to accommodate the interests of or before March 14, 2005. A comment to visitors to national parks; and OMB is most effective if OMB receives SUMMARY: The National Park Service (4) At the request of the Administrator it within 30 days of publication. (NPS) and the Federal Aviation and the Director, safety, environmental, FOR FURTHER INFORMATION CONTACT: Judy Administration (FAA), as required by and other issues related to commercial Street on (202) 267–9895. the National Parks Air Tour air tour operations over a national park SUPPLEMENTARY INFORMATION: Management Act of 2000, established or tribal lands.’’ the National Parks Overflights Advisory Members of the advisory group may Federal Aviation Administration (FAA) Group (NPOAG) in March 2001. The be allowed certain travel expenses as Title: General Operating and Flight NPOAG was formed to provide authorized by section 5703 of title 5, Rules—FAR 91. continuing advice and counsel with United States Code, for intermittent Type of Request: Extension of a respect to commercial air tour Government service. currently approved collection. operations over and near national parks. By FAA Order No. 1110–138, signed OMB Control Number: 2120–0005. This notice informs the public of two by the FAA Administrator on October Forms(s): NA. vacancies on the NPOAG (now the 10, 2003, the NPOAG became an Affected Public: A total of 21,197 NPOAG Aviation Rulemaking Aviation Rulemaking Committee (ARC). respondents. Committee) for members representing The current NPOAG ARC is made up Abstract: Part A of Subtitle VII of the environmental interests and invites of four members representing the air Revised Title 49 U.S.C. authorizes the interested persons to apply to fill the tour industry, two members issuance of regulations governing the vacancies. representing environmental interests, use of navigable airspace. 14 CFR part DATES: Persons interested in serving on and two members representing Native 91 prescribes regulations governing the the advisory group should contact Mr. American interests. Current members of general operation and flight of aircraft. Brayer or Ms. Trevino on or before the NPOAG ARC are: Heidi Williams, Information is collected to determine March 3, 2005. Aircraft Owners and Pilots Association;
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Alan Stephen, Twin Otter/Grand address: 100 West Cross St., Suite B, 12. Commercial Terminal Building Canyon Airlines; Elling Halverson, Jackson, Mississippi 39208–2307. Renovations, Phase 3. Papillon Airways, Inc.; Richard Larew, In addition, one copy of any Class or classes of air carriers which Era Aviation, Inc.; Chip Dennerlein, comments submitted to the FAA must the public agency has requested not be State of Alaska Fish and Game; Charles be mailed or delivered to Mr. Frank required to collect PFCs: ATCO—Air Maynard, formerly with Great Smoky Cooper, Airport Director of the City of Taxi/Commercial Operators filing Form Mountain National Park; and Germaine Greenville at the following address: 166 1800–31. White and Richard Deertrack, Fifth Ave., Suite 300, Greenville, In addition, any person may, upon representing Native American tribes. Mississippi 38703–9737. request, inspect the application, notice Air carriers and foreign air carriers and other documents germane to the Public Participation in the Advisory may submit copies of written comments application in person at the City of Group previously provided to the City of Greeville, Mississippi. In order to retain balance within the Greenville under section 158.23 of part Issued in Jackson, Mississippi on February NPOAG ARC, the FAA and NPS invite 158. 2, 2005. persons interested in serving on the FOR FURTHER INFORMATION CONTACT: Keafur Grimes, ARC to represent environmental Patrick D. Vaught, Program Manager, interests to contact either of the persons Acting Manager, Jackson Airports District 100 West Cross St., Suite B, Jackson, Office. listed in FOR FURTHER INFORMATION Mississippi 39208–2307, (601) 664– [FR Doc. 05–2556 Filed 2–9–05; 8:45 am] CONTACT. Requests to serve on the ARC 9900. The application may be reviewed BILLING CODE 4910–13–M should be made in writing and in person at this same location. postmarked on or before March 3, 2005. SUPPLEMENTARY INFORMATION: The FAA The request should indicate whether or proposes to rule and invites public DEPARTMENT OF TRANSPORTATION not you are a member of an association comment on the application to impose representing environmental interests or an use the revenue from a PFC at Mid Federal Highway Administration have another affiliation with Delta Regional Airport under the environmental interests in issues provisions of the 49 U.S.C. 40117 and Environmental Impact Statement: Clark relating to aircraft flights over national part 158 of the Federal Aviation County, Nevada parks. The request should also state Regulations (14 CFR part 158). what expertise you would bring to the AGENCY: Federal Highway On February 2, 2005, the FAA Administration (FHWA), DOT. NPOAG ARC as related to determined that the application to ACTION: environmental interests. The term of impose and use the revenue from a PFC Notice of intent. service for NPOAG ARC members is 3 submitted by the City of Greenville was years. SUMMARY: The FHWA is issuing this substantially complete within the notice to advise the public that an Issued in Washington, DC on February 2, requirements of section 158.25 of part environmental impact statement will be 2005. 158. The FAA will approve or prepared for a proposed freeway John M. Allen, disapprove the application, in whole or corridor improvement project in the Acting Director, Flight Standards Service. in part, no later than May 11, 2005. City of Las Vegas, Clark County, [FR Doc. 05–2593 Filed 2–9–05; 8:45 am] The following is a brief overview of Nevada. BILLING CODE 4910–13–P the application. Proposed charge effective date: April FOR FURTHER INFORMATION CONTACT: Mr. 1, 2005. Ted Bendure, Environmental Program DEPARTMENT OF TRANSPORTATION Proposed charge expiration date: Manager, Federal Highway October 1, 2007. Administration, 705 N. Plaza, Suite 220, Federal Aviation Administration Level of the proposed PFC: $4.50. Carson City, NV 89701; Telephone: 775– Total estimated PFC revenue: 687–5322, E-mail: Notice of Intent To Rule on Application $213,735. [email protected]. 05–04–C–00–GLH To Impose and Use Brief description of proposed SUPPLEMENTARY INFORMATION: The the Revenue From a Passenger Facility project(s): FHWA, in cooperation with the Nevada Charge (PFC) at Mid Delta Regional 1. Rehabilitate and Convert Runway Department of Transportation, will Airport, Greenville, MS 9/27 to a Taxiway, Phase I. 2. Terminal Building Fire Escape prepare an environmental impact AGENCY: Federal Aviation Stairwell Project. statement (EIS) on a proposal to Administration (FAA), DOT. 3. Terminal Area Drainage and improve a portion of the Interstate 15 ACTION: Notice of intent to rule on Parking Lot Relocation. Corridor near the downtown area in the application. 4. Commerical Terminal Building City of Las Vegas, Clark County, Renovations, Phase 2. Nevada. The proposed project would SUMMARY: The FAA proposes to rule and 5. Airfield Guidance Signage involve improvements to the I–15 invites public comment on the Improvement. Corridor and major street connections application to, impose and use the 6. Airfield Pavement Marking beginning south of the I–15/Sahara revenue from a PFC at Mid Delta Improvements. Avenue Interchange at Milepost 39.15 Regional Airport under the provisions of 7. Terminal Area Apron Lighting and continue to the I–15/US 95 the 49 U.S.C. 40117 and part 158 of the Replacement. Interchange (Milepost 42.85) on the Federal Aviation Regulations (14 CFR 8. Airfield Electrical Vault Emergency north end. The project covers a total part 158). Generator Replacement. distance of approximately 3.7 miles on DATES: Comments must be received on 9. Preparation of PFC Application. I–15. or before March 14, 2005. 10. Partial Parallel Taxiway ‘‘B’’ The project (known as Project NEON) ADDRESSES: Comments on this Extension, Phase I. analyzes transportation needs and application may be mailed or delivered 11. Rehabilitate and Convert Runway improvement opportunities in the I–15 in triplicate to the FAA at the following 9/27 to a Taxiway, Phase II. freeway corridor section south of the I–
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15/US System Interchange. The I–15 To ensure that the full range of issues Privacy Act Corridor serves the Western United related to this proposed action are Anyone is able to search the States by linking southern California addressed and all significant issues electronic form of all comments and Salt Lake City, and points to the identified, comments and suggestions received into any of our dockets by the north. The I–15 Corridor also serves the are invited from all interested parties. name of the individual submitting the Las Vegas Valley as a primary Comments or questions concerning this comment (or signing the comment, if transportation link through central Las proposed action and the EIS should be submitted on behalf of an association, Vegas. Significant population growth in directed to the FHWA at the address business, labor union, etc.). You may the Las Vegas Valley, projected to provided above. review DOT’s complete Privacy Act increase by approximately 60 percent (Catalog of Federal Domestic Assistance Statement in the Federal Register from 2003 to 2030, will increase traffic Program Number 20.205, Highway Research, published on April 11, 2000 (volume 65, volumes and local commuter traffic Planning and Construction. The regulation number 70; pages 19477–78) or you may passing through this corridor. The implementing Executive Order 12372 visit http://dms.dot.gov. projected population growth, associated regarding intergovernmental consultation on development, and increasing tourism Federal programs and activities apply to this Dated: February 3, 2005. and gaming will place significant program.) Joel C. Richard, demand on the I–15 Corridor and Authority: 23 U.S.C. 315; 23 CFR 771.123 Secretary, Maritime Administration. connections to US 95. The purpose of [FR Doc. 05–2558 Filed 2–9–05; 8:45 am] Issued on: February 4, 2005. this project is to meet the short- and BILLING CODE 4910–81–P long-term transportation needs of Las Greg Novak, Vegas and motorists traveling through Acting Assistant Division Administrator, Las Vegas, specifically to provide FHWA, Nevada Division. DEPARTMENT OF TRANSPORTATION improved transportation in response to [FR Doc. 05–2567 Filed 2–9–05; 8:45 am] regional growth, decrease congestion, BILLING CODE 4910–22–M Surface Transportation Board enhance mobility, and provide access to [STB Finance Docket No. 34648] the downtown area. Both existing congestion and projected increases in DEPARTMENT OF TRANSPORTATION Minnesota Commercial Railway traffic necessitate consideration of the Company—Trackage Rights proposed improvements. Maritime Administration Exemption—BNSF Railway Company 1 The envisioned project includes [MARAD 2005 20317] BNSF Railway Company (BNSF) has several major components, including: agreed to a modified trackage rights adding lanes and improving freeway Application of Foreign Underwriters to agreement governing Minnesota and mass transit operations between Write Marine Hull Insurance Commercial Railway Company’s Sahara Avenue and the I–15/US 95 (MNNR) overhead trackage rights over a Interchange; reconstructing the I–15/ AGENCY: Maritime Administration, BNSF line of railroad between MNNR’s Charleston Boulevard Interchange; Department of Transportation. connecting trackage at Union Yard, providing new I–15 freeway access to ACTION: Request for comments. Minneapolis, MN, and trackage located the City of Las Vegas’s Downtown east of 15th Avenue SE., in Redevelopment Area; extending Martin SUMMARY: The Maritime Administration Minneapolis, MN, comprising the Luther King Boulevard over I–15 and (MARAD) has received applications Southeast Minneapolis Switching Charleston Boulevard to connect with under 46 CFR part 249 from Axis District (SEMSD), a total of distance of Industrial Road; and potential grade Specialty Limited and Gard Marine and approximately 777 feet. The modified separation improvements to Oakey Energy Limited, both Bermuda based agreement will change the maintenance Boulevard east of the I–15 Corridor. The underwriters, to write marine hull obligations to promote operating and EIS will consider the effects of the insurance on Title XI program vessels. maintenance efficiencies and better proposed project, the No Action In accordance with 46 CFR 249.7(b), align the parties’ maintenance alternative, and other alternatives to the interested persons are hereby afforded obligations relative to usage.2 proposed project. an opportunity to bring to MARAD’s The transaction was scheduled to be Letters describing the proposed action attention any discriminatory laws or consummated on January 28, 2005. and soliciting comments will be sent to practices relating to the placement of As a condition to this exemption, any appropriate Federal, State, and local marine hull insurance which may exist employees affected by the trackage agencies, and to private organizations in the applicant’s country of domicile. rights will be protected by the and citizens who have previously All comment submissions must conditions imposed in Norfolk and expressed or are known to have interest include the docket number that appears Western Ry. Co.—Trackage Rights—BN, in this project. A project scoping at the top of this document. Written 354 I.C.C. 605 (1978), as modified in meeting will be held in Las Vegas, comments may be submitted to the Mendocino Coast Ry., Inc.—Lease and Nevada on February 23, 2005 with the Docket Clerk, U.S. DOT Dockets, Room Operate, 360 I.C.C. 653 (1980). appropriate agencies and the general PL–401, 400 Seventh Street, SW., public. In addition, public information Washington, DC 20590. Comments may 1 Effective January 20, 2005, The Burlington meetings will be held throughout the also be submitted by electronic means Northern and Santa Fe Railway Company changed duration of the project and a public via the Internet at http://dmses.dot.gov/ its name to BNSF Railway Company. 2 The trackage rights were originally granted as hearing will be held for the draft EIS. submit. All comments received will be incidental trackage rights, as part of MNNR’s Public notices will be given announcing available for examination at the above acquisition of approximately 5 miles of rail line the time and place of the public address between 10 a.m. and 5p.m., located in Minneapolis, MN, known as the SEMSD. meetings and the hearing. The draft EIS Monday through Friday, except Federal See Minnesota Commercial Railway Company- Acquisition and Operation Exemption-Certain Lines will be available for public and agency holidays. An electronic version of this of The Burlington Northern and Santa Fe Railway review and comment prior to the public document is available on the World Company, STB Finance Docket No. 33606 (STB hearing. Wide Web at http://dms.dot.gov. served June 19, 1998).
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This notice is filed under 49 CFR analysis is a fulfillment of that 1998 for secondary use to southern Utah 1180.2(d)(7). If the notice contains false commitment. County and 30,000 acre-feet of M&I or misleading information, the ADDRESSES: Copies of the Final water to Salt Lake County water exemption is void ab initio. Petitions to Environmental Assessment and Finding treatment plants; 1,590 acre-feet of M&I revoke the exemption under 49 U.S.C. of No Significant Impact can be water already contracted to southern 10502(d) may be filed at any time. The obtained at the Utah Reclamation Utah County cities; and 40,310 acre-feet filing of a petition to revoke will not Mitigation and Conservation of M&I water to Utah Lake for exchange automatically stay the transaction. Commission, 102 W 500 S, Suite 315, to Jordanelle Reservoir. A portion of the An original and 10 copies of all Salt Lake City, Utah, 84101. They may 40,310 acre-feet delivered to Utah Lake pleadings, referring to STB Finance also be viewed on the internet via the would be delivered via lower Hobble Docket No. 34648, must be filed with following Web address: http:// Creek to provide spawning habitat for the Surface Transportation Board, 1925 www.mitigationcommission.gov/ the endangered June sucker, and via K Street, NW., Washington, DC 20423– news.html. lower Provo River where it would help 0001. In addition, a copy of each maintain minimum instream flows for pleading must be served on Sarah W. FOR FURTHER INFORMATION CONTACT: Mr. June sucker spawning and other fishery Bailiff, 2500 Lou Menk Drive, P.O. Box Richard Mingo (801) 524–3146. and aquatic benefits. The 30,000 acre- 961039, Fort Worth, TX 76161–0039. Dated: January 31, 2005. feet (less the water returned to Interior Board decisions and notices are Michael C. Weland, under the Section 207 Program) of M&I available on our Web site at http:// Executive Director. water utilized in southern Utah County www.stb.dot.gov. [FR Doc. 05–2547 Filed 2–9–05; 8:45 am] would be used in the cities’ secondary Decided: February 1, 2005. BILLING CODE 4310–05–P water systems. Use of this water as a By the Board, David M. Konschnik, potable supply in the future would Director, Office of Proceedings. require additional NEPA compliance. Vernon A. Williams, UTAH RECLAMATION MITIGATION Under the Proposed Action, Interior would acquire all of the District’s Secretary. AND CONSERVATION COMMISSION secondary water rights in Utah Lake. [FR Doc. 05–2490 Filed 2–9–05; 8:45 am] Notice of Availability of the Record of These rights would amount to a BILLING CODE 4915–01–P Decision on the Utah Lake Drainage maximum of 57,073 acre-feet. The Basin Water Delivery System, Central acquired water rights would be used to Utah Project exchange project water to Jordanelle UTAH RECLAMATION MITIGATION Reservoir. All remaining environmental AGENCY: Utah Reclamation Mitigation AND CONSERVATION COMMISSION commitments associated with the and Conservation Commission. Bonneville Unit would be completed Notice of Availability of the Final ACTION: Notice of availability of the and previously committed in-stream Environmental Assessment and Record of Decision (ROD). flows within the Bonneville Unit area Finding of No Significant Impact to SUMMARY: On January 27, 2005, Jody L. and statutorily mandated in-stream Construct a Group-Site Campground in flows would be provided. Diamond Fork Canyon, UT Williams, Chairman of the Utah Reclamation Mitigation and The Acting Assistant Secretary for AGENCY: Utah Reclamation Mitigation Conservation Commission (Mitigation Water and Science, Department of the and Conservation Commission. Commission) signed the Record of Interior issued a separate ROD for the ULS on December 22, 2004, also ACTION: Notice of availability. Decision (ROD) which documents selection of the Proposed Action as selecting the Proposed Action for SUMMARY: The Utah Reclamation presented in the 2004 Utah Lake implementation. The Assistant Mitigation and Conservation Drainage Basin Water Delivery System Secretary’s separate decision is Commission has issued a Final Final Environmental Impact Statement necessitated by the responsibility and Environmental Assessment and Finding (INT FES 04–41) (2004 ULS FEIS) filed authority of the Department of the of No Significant Impact to construct a with the U.S. Environmental Protection Interior for other aspects of the project group-site campground in Diamond Agency on September 30, 2004. The beyond the scope of the Mitigation Fork Canyon in Utah County, Utah. Mitigation Commission, Central Utah Commission to mitigate for reclamation The new campground will have a Water Conservancy District and projects. capacity of approximately 475 people at Department of the Interior served as ADDRESSES: Copies of the ROD and/or one time and will replace group camp joint lead agencies in preparing the 2004 FEIS can be obtained at the Utah sites removed from the Diamond and ULS FEIS. The Proposed Action, called Reclamation Mitigation and Palmyra Campgrounds, which were the Spanish Fork Canyon–Provo Conservation Commission, 102 W 500 S, reconstructed in the year 2000. The Reservoir Canal Alternative, one other Suite 315, Salt Lake City, Utah, 84101. project will also provide additional action alternative called the Bonneville They may also be viewed on the internet group-site camping as a feature of the Unit Water Alternative, and a No Action via the following Web address: http:// Diamond Fork System of the Central alternative are described and evaluated www.mitigationcommission.gov/ Utah Project. in the 2004 ULS FEIS, upon which the news.html. A 1998 environmental assessment and ROD is based. FOR FURTHER INFORMATION CONTACT: Mr. associated decision documents prepared The Spanish Fork Canyon–Provo Mark Holden, Projects Manager (801) by the Mitigation Commission indicated Reservoir Canal Pipeline Alternative 524–3146. that the group-site facilities removed will deliver an average annual from the Diamond and Palmyra transbasin diversion of 101,900 acre-feet Dated: January 31, 2005. Campgrounds would be replaced in a from the Colorado River Basin to the Michael C. Weland, more favorable location and that the size Bonneville Basin, which consists of a Executive Director. and location would be analyzed in a delivery of: 30,000 acre-feet of [FR Doc. 05–2548 Filed 2–9–05; 8:45 am] separate analysis. This environmental Municipal and Industrial (M&I) water BILLING CODE 4310–05–P
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Corrections Federal Register Vol. 70, No. 27
Thursday, February 10, 2005
This section of the FEDERAL REGISTER Monday, January 31, 2005, make the contains editorial corrections of previously following correction: published Presidential, Rule, Proposed Rule, and Notice documents. These corrections are On page 4819, the table is corrected prepared by the Office of the Federal in part to read as follows: Register. Agency prepared corrections are issued as signed documents and appear in the appropriate document categories elsewhere in the issue.
DEPARTMENT OF COMMERCE International Trade Administration Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part Correction In notice document 05–1731 beginning on page 4818 in the issue of
Period to be reviewed
Antidumping Duty Proceedings Argentina: Honey, A–357–812 ...... 12/01/03–11/30/04 Asociacion de Cooperativas Argentinas Centauro S.A. Comexter Robinson S.A. Compa Inversora Platense S.A. Compania Apicola Argentina SA Compania Europea Americana S.A. ConAgra Argentina S.A. Coope-Riel Ltda. Cooperativa DeAgua Potable y Otros El Mana, S.A. Establecimiento Don Angel S.r.L. Food Way, S.A.
[FR Doc. C5–1731 Filed 2–9–05; 8:45 am] SECURITIES AND EXCHANGE February 3, 2005 make the following BILLING CODE 1505–01–D COMMISSION correction: On page 5718, in the second column, [Release No. 34–51085; File No. SR–NYSE– in the sixth and seventh lines, ‘‘March 2005–10] 10, 2005’’ should read ‘‘February 24, Self Regulatory Organizations; Notice 2005’’. of Filing and Immediate Effectiveness [FR Doc. Z5–405 Filed 2–9–05; 8:45 am] of Proposed Rule Change by the New BILLING CODE 1505–01–D York Stock Exchange, Inc. Relating to Voluntary Supplemental Procedures for Selecting Arbitrators
January 27, 2005. Correction In notice document E5–405 beginning on page 5716 in the issue of Thursday,
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Part II
Department of Labor Office of Disability Employment Policy
Solicitation of Nominations for the Secretary of Labor’s New Freedom Initiative Award; Notice
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DEPARTMENT OF LABOR employment opportunities for people D. A data summary on the Nominee with disabilities through increased will include the following: Office of Disability Employment Policy access to assistive technologies, and use 1. Name(s) of the individual, [OMB Number 1230–0002] of innovative training, hiring, and organization or business being retention techniques. nominated. Solicitation of Nominations for the C. Federal, State and local 2. Full street address, telephone Secretary of Labor’s New Freedom government organizations are not number and e-mail address where Initiative Award eligible for this award. applicable. 6. Nomination Submission 3. Name of highest ranking official(s) The Secretary of Labor’s New Requirements: (where appropriate). Freedom Initiative Award presented by A. The single program or multiple 4. Name of executive(s) responsible Secretary Elaine L. Chao, United States programs for which the individual or for human resources, equal employment Department of Labor, 200 Constitution company is being nominated must opportunity, and/or disability Avenue, NW., Washington, DC 20210: demonstrate a commitment to people awareness at nominee’s establishment 1. Subject: The Secretary of Labor’s with disabilities, and clearly show and/or corporate office (where New Freedom Initiative Award. measurable results in terms of appropriate). 2. Purpose: To outline the eligibility significantly enhancing employment 5. Name of parent company (where criteria, the nomination process and the opportunities for people with appropriate). administrative procedures for the New disabilities. The programs or activities 6. Name, street address, telephone Freedom Initiative Award, and to solicit may also address such issues as the number and email address of CEO or the Secretary of Labor’s New Freedom widening skills gap among persons with President of parent company (where Initiative Award nominations. disabilities, a diversified 21st Century appropriate). 3. Originator: Office of Disability workforce, and discrimination based on 7. Name, title, street address, Employment Policy (ODEP). disability. telephone number and e-mail address of 4. Background: To encourage the use B. The nomination packages should a contact person. of public-private partnerships, the be limited to only that information 8. Number of employees at the Secretary of Labor will present the relevant to the nominee’s program(s). establishment or business being Secretary of Labor’s New Freedom Nomination packages should be no nominated (where appropriate). Initiative Award. Initiated in 2002, this longer than twenty (20) typed pages 9. Name and description of principal award is made annually to individual(s), double-spaced. A page is 8.5″ × 11″ (on program(s) or service(s). non-profit organization(s), or one side only) with one-inch margins E. Timing and Acceptable Methods of business(es), including small (top, bottom, and sides). Submission of Nominations: businesses, that have, through programs C. Nomination packages must include Nomination packages must be or activities, demonstrated exemplary the following for consideration: submitted to Secretary of Labor’s New and innovative efforts in furthering the 1. An executive summary prepared by Freedom Initiative Award, Office of employment objectives of President or on behalf of the nominee, which Disability Employment Policy, Room S– George W. Bush’s New Freedom clearly identifies the specific activities, 1303, 200 Constitution Avenue, NW., Initiative. See http:// program(s), or establishment under Washington, DC 20210 by May 27, 2005. www.whitehouse.gov/news/ nomination and fully describes the Any application received after 4:45 p.m. freedominitiative/ results achieved. EDT on May 27, 2005, will not be freedominitiative.html. By increasing 2. A full description of the specific considered unless it was received before access to assistive technologies, and by activities, program(s), or establishment the award is made and: utilizing innovative training, hiring, and for which the nomination is being 1. It was sent by registered or certified retention strategies, the recipient(s) will submitted. mail no later than May 22, 2005. have established and instituted 3. Specific data on training, 2. It is determined by the Government comprehensive strategies to enhance the placements, resources expended and that the late receipt was due solely to ability of Americans with disabilities to other relevant information that will mishandling by the Government after enter and advance within the 21st facilitate evaluation of the nominee’s receipt at the U.S. Department of Labor Century workforce and to participate in submission. at the address indicated; or daily community life. 4. A description of how the 3. It was sent by U.S. Postal Service 5. Eligibility Criteria: The following program(s) and/or activities that are the Express Mail Next Day Service—Post criteria apply to the New Freedom subject of the nomination have had a Office to Addressee, not later than 5 Initiative Award Nominees: positive and measurable impact on the p.m. at the place of mailing, May 25, A. The nominees must be individuals, employment of people with disabilities. 2005. businesses, or non-profit organizations 5. A data summary on the nominee. The only acceptable evidence to whose activities exemplify the goals of See Section 6(D). establish the date of mailing of a late President George W. Bush’s New 6. A report detailing any unresolved application sent by registered or Freedom Initiative, which include the violations of State or Federal law, as certified mail is the U.S. Postal Service Office of Disability Employment determined by compliance evaluations, postmark on the envelope or wrapper Policy’s mission of increasing complaint investigations, or other and on the original receipt from the U.S. employment opportunities for youth Federal inspections and investigations. Postal Service. If the postmark is not and adults with disabilities. In addition, the nominee must report legible, an application received after the Nominations may be submitted by other any pending Federal or State above closing time and date will be persons and entities with the knowledge enforcement actions, and any corrective processed as if mailed late. ‘‘Postmark’’ and permission of the nominee. Self- actions or consent decrees that have means a printed, stamped, or otherwise nomination is also encouraged. resulted from litigation under the placed impression (not a postage meter B. Nominees must have developed Americans with Disabilities Act (ADA) machine impression) that is readily and implemented a multi-faceted or the laws enforced by the Department identifiable without further action as program directed toward increasing of Labor (DOL). having been applied and affixed by an
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employee of the U.S. Postal Service on be considered as the basis for a collection is estimated to be 10 hours the date of mailing. Therefore, subsequent award application. per response; including the time for applicants should request that the postal 9. Procedures Following Selection: reviewing instructions, researching clerk place a legible hand cancellation A. Awardees will be notified of their existing data sources, gathering and ‘‘bull’s-eye’’ postmark on both the selection via the contact person maintaining the data needed, and receipt and the envelope or wrapper. identified in the application package at completing and reviewing the collection The only acceptable evidence to least six weeks prior to the awards of information. Submit comments establish the time of receipt at the U.S. ceremony. Non-selected nominees will regarding this estimate; including Department of Labor is the date/time also be notified within 45 days of the suggestions for reducing response time stamp of the Office of Disability selection of the awardees. to the U.S. Department of Labor, Office Employment Policy on the application B. As a precondition to acceptance of of Disability Employment Policy, Room wrapper or other documentary evidence the award, the nominee agrees to: S–1303, 200 Constitution Avenue NW., or receipt maintained by that office. 1. Submit to ODEP for review a two- Washington DC 20210. Please reference Applications sent by other delivery minute video of the program(s) or OMB Number 1230–0002. services, such as Federal Express, UPS, activity(ies) for which it is being We are very interested in your e-mail, etc., will also be accepted; recognized within 30 days of thoughts and suggestions about your however, the applicant bears the notification of award selection; experience in preparing and filing this responsibility of timely submission. 2. Participate in any New Freedom nomination packet for the Secretary of Confirmation of receipt of your Initiative workshops hosted by ODEP in Labor’s New Freedom Initiative Award. application can be made by contacting conjunction with or within 12 months Your comments will be very useful to Dina Dorich of the Office of Disability following the awards ceremony. the Office of Disability Employment Employment Policy, telephone (202) C. The awardee may also display an Policy in making improvements in our 693–7880, (866) ODEP–DOL, TTY (202) exhibit or showcase of the program(s)/ solicitation for nominations for this 693–7881, prior to the closing deadline. activity(ies) for which it is being award in subsequent years. All 7. The Administrative Review Process: recognized at the awards ceremony, comments are strictly voluntary and A. The ODEP Steering Committee will with contents of the display submitted strictly private. We would appreciate perform preliminary administrative to ODEP for review within 30 days of your taking a few minutes to tell us— review to determine the sufficiency of notification of award selection. for example, whether you thought the all submitted application packages. D. Materials developed by the instructions were sufficiently clear; B. An Executive Evaluation awardees in conjunction with Section what you liked or disliked; what worked Committee made up of representatives 11(B) and (C) will be subject to legal or didn’t work; whether it satisfied your appointed by the Assistant Secretary of review at the Department of Labor to need for information or if it didn’t, or Labor, Office of Disability Employment ensure compliance with applicable anything else that you think is Policy, from Department of Labor ethics standards. important for us to know. Your employees will perform secondary 10. Location: The awards ceremony comments will be most helpful if you review. will generally be held during the month can be very specific in relating your C. The Secretary of Labor will of October at a location to be experience. conduct the final review and selections. determined by the Secretary of Labor. We value your comments, and would 8. Other Factors to be Considered Paperwork Reduction Act Notice really like to hear from you. Please send During the Administrative Review (Pub. L. 104–13): Persons are not any comments you have to Dina Dorich Process: required to respond to a collection of at [email protected] or via mail to the A. If a nominee merges with another information unless it displays a Office of Disability Employment Policy, company during the evaluation process, currently valid Office of Management Room S–1303, 200 Constitution Avenue, only that information relative to the and Budget (OMB) control number. This NW, Washington, DC 20210. nominated company will be evaluated, collection of information is approved Thank you. and the award, if any, will be limited to under OMB Number 1230–0002 the nominated company. (Expiration Date: 12/31/05). The Signed at Washington, DC, the 1st of B. Prior receipt of this award will not obligation to respond to this information February, 2005. preclude a nominee from being collection is voluntary; however, only W. Roy Grizzard, Jr., considered for the New Freedom nominations that follow the nomination Assistant Secretary, Office of Disability Initiative Award in subsequent years. procedures outlined in this notice will Employment Policy. Programs and activities serving as the receive consideration. The average time [FR Doc. 05–2498 Filed 2–9–05; 8:45 am] basis of a prior award, however, may not to respond to this information of BILLING CODE 4510–30–P
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Part III
Department of Homeland Security Transportation Security Administration
49 CFR Part 1562 Maryland Three Airports: Enhanced Security Procedures for Operations at Certain Airports in the Washington, DC, Metropolitan Area Flight Restricted Zone; Interim Final Rule
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DEPARTMENT OF HOMELAND Comments Submitted by Mail, Fax, or prior notice. Accordingly, TSA invites SECURITY In Person: Address or deliver your interested persons to participate in this written, signed comments to the Docket rulemaking by submitting written Transportation Security Administration Management System, U.S. Department comments, data, or views. We also of Transportation, Room Plaza 401, 400 invite comments relating to the 49 CFR Part 1562 Seventh Street, SW., Washington, DC economic, environmental, energy, or 20590–0001; Fax: 202–493–2251. federalism impacts that might result [Docket No. TSA–2005–20118] Comments that include trade secrets, from this rulemaking. See ADDRESSES confidential commercial or financial above for information on where to RIN 1652–AA39 information, or sensitive security submit comments. Maryland Three Airports: Enhanced information (SSI) should not be Comments that include trade secrets, Security Procedures for Operations at submitted to the public regulatory confidential commercial or financial Certain Airports in the Washington, docket. Please submit such comments information, or SSI should not be DC, Metropolitan Area Flight Restricted separately from other comments on the submitted to the public regulatory Zone rule. Comments containing trade docket. Please submit such comments secrets, confidential commercial or separately from other comments on the AGENCY: Transportation Security financial information, or SSI should be rule. Comments containing this type of Administration (TSA), Department of appropriately marked as containing information should be appropriately Homeland Security. such information and submitted by mail marked and submitted by mail to the ACTION: Interim final rule; request for to the individual(s) listed in FOR individual(s) listed in FOR FURTHER comments. FURTHER INFORMATION CONTACT. INFORMATION CONTACT section. Upon Reviewing Comments in the Docket: receipt of such comments, TSA will not SUMMARY: This action transfers You may review the public docket place the comments in the public docket responsibility for ground security containing comments on this interim and will handle them in accordance requirements and procedures at three final rule in person in the Docket Office with applicable safeguards and Maryland airports that are located between 9 a.m. and 5 p.m., Monday restrictions on access. TSA will hold within the Washington, DC, through Friday, except Federal holidays. them in a separate file to which the Metropolitan Area Flight Restricted The Docket Office is located on the public does not have access, and place Zone, and for individuals operating plaza level of the NASSIF Building at a note in the public docket that TSA has aircraft to and from these airports, from the Department of Transportation received such materials from the the Federal Aviation Administration address above. Also, you may review commenter. If TSA receives a request to (FAA) to TSA. These requirements and public dockets on the Internet at examine or copy this information, TSA procedures were previously issued by http://dms.dot.gov. will treat it as any other request under the FAA, in coordination with TSA, in See SUPPLEMENTARY INFORMATION for the Freedom of Information Act (FOIA) Special Federal Aviation Regulation format and other information about (5 U.S.C. 552) and the Department of (SFAR) 94. TSA is assuming comment submissions. Homeland Security’s FOIA regulation found in 6 CFR part 5. responsibility for these requirements FOR FURTHER INFORMATION CONTACT: For With each comment, please include and procedures because TSA and FAA policy questions: Robert Rottman, Office agree that they are best handled under your name and address, identify the of Aviation Security Policy, docket number at the beginning of your TSA’s authority over transportation Transportation Security Administration security. These requirements and comments, and give the reason for each Headquarters, East Building, Floor 11, comment. The most helpful comments procedures will continue to enhance the 601 South 12th Street, Arlington, VA security of the critical infrastructure and reference a specific portion of the rule, 22202; telephone: 571–227–2289; e- explain the reason for any Federal government assets in the mail: [email protected]. Washington, DC, Metropolitan Area. recommended change, and include For technical questions: Dirk Ahle, supporting data. You may submit DATES: Effective Date: This rule is Aviation Operations, Transportation comments and material electronically, effective February 13, 2005. Security Administration Headquarters, in person, by mail, or fax as provided Comment Date: Comments must be East Building, Floor 9, 601 South 12th under ADDRESSES, but please submit received by April 11, 2005. Street, Arlington, VA 22202; telephone: your comments and material by only ADDRESSES: You may submit comments, 571–227–1504; e-mail: one means. If you submit comments by identified by the TSA docket number to [email protected]. mail or delivery, submit them in two this rulemaking, using any one of the For legal questions: Dion Casey, copies, in an unbound format, no larger following methods: Office of Chief Counsel, Transportation than 8.5 by 11 inches, suitable for Comments Filed Electronically: You Security Administration Headquarters, copying and electronic filing. may submit comments through the East Building, Floor 12, TSA–2, 601 If you want the TSA to acknowledge docket Web site at http://dms.dot.gov. South 12th Street, Arlington, VA 22202; receipt of your comments on this Please be aware that anyone is able to telephone: 571–227–2663; e-mail: rulemaking, include with your search the electronic form of all [email protected]. comments a self-addressed, stamped comments received into any of our SUPPLEMENTARY INFORMATION: postcard on which the docket number dockets by the name of the individual appears. We will stamp the date on the submitting the comment (or signing the Comments Invited postcard and mail it to you. comment, if submitted on behalf of an This interim final rule is being Except for comments containing association, business, labor union, etc.). adopted without prior notice and prior confidential information and SSI, we You may review the applicable Privacy public comment. However, to the will file in the public docket all Act Statement published in the Federal maximum extent possible, operating comments we receive, as well as a Register on April 11, 2000 (65 FR administrations within DHS will report summarizing each substantive 19477), or you may visit http:// provide an opportunity for public public contact with TSA personnel dms.dot.gov. comment on regulations issued without concerning this rulemaking. The docket
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is available for public inspection before their proximity to important National 2002. The FAA did not receive any and after the comment closing date. Capitol Region assets and because of the additional comments after publishing We will consider all comments we restrictions on aircraft operations in the the final rule extending the expiration receive on or before the closing date for airspace that overlies those airports. The date of SFAR 94 in 2003. Consequently, comments. We will consider comments airports were not permitted to reopen TSA believes that the issues involved in filed late to the extent practicable. We until the FAA, in coordination with this rulemaking have already been may change this rule in light of the TSA, issued SFAR 94 on February 19, addressed through the prior FAA comments we receive. 2002 (67 FR 7538). According to rulemakings. comments that the FAA received, this For these reasons, TSA finds that Availability of Rulemaking Document sustained closure placed significant notice and public comment to this You may obtain an electronic copy financial burdens on the Maryland interim final rule are impracticable, using the Internet by— Three Airports. SFAR 94 is set to expire unnecessary, and contrary to the public (1) Searching the Department of on February 13, 2005. If TSA does not interest. However, TSA is inviting Transportation’s electronic Docket issue this IFR immediately, the public comments on all aspects of the Management System (DMS) Web page Maryland Three Airports may be interim final rule. If, based upon (http://dms.dot.gov/search); required to close again until TSA information provided in public (2) Accessing the Government completes this rulemaking. Such a comments, TSA determines that Printing Office’s Web page at http:// closure could cause the Maryland Three changes to the interim final rule are _ www.access.gpo.gov/su docs/aces/ Airports significant financial burdens necessary to address transportation aces140.html; or that are not necessary from a security security more effectively, or in a less (3) Visiting the TSA’s Law and Policy perspective. burdensome but equally effective Web page at http://www.tsa.dot.gov/ Second, in this interim final rule TSA manner, the agency will not hesitate to public/index.jsp. is largely adopting the security make such changes. In addition, copies are available by measures and procedures that were writing or calling any of the individuals required under SFAR 94. The Maryland Abbreviations and Terms Used in This in the FOR FURTHER INFORMATION Three Airport operators, and pilots who Document CONTACT section. Make sure to identify operate to and from those airports, have ADIZ—Air Defense Identification Zone the docket number of this rulemaking. been operating under the SFAR 94 ATC—Air Traffic Control Small Entity Inquiries requirements since February 19, 2002. ATSA—Aviation and Transportation In addition, because TSA is largely Security Act The Small Business Regulatory adopting the SFAR 94 requirements, the CFR—Code of Federal Regulations Enforcement Fairness Act (SBREFA) of airport security procedures that were CHRC—Criminal History Records Check 1996 requires TSA to comply with small approved under SFAR 94 for each of the CIA—Central Intelligence Agency entity requests for information or advice Maryland Three Airports will be DHS—Department of Homeland about compliance with statutes and approved by TSA under this interim Security regulations within TSA’s jurisdiction. final rule. Thus, TSA believes that the DOD—Department of Defense Any small entity that has a question interim final rule will not present any DOT—Department of Transportation regarding this document may contact surprises or impose any additional FAA—Federal Aviation Administration the persons listed in the FOR FURTHER burdens on the Maryland Three Airport FBI—Federal Bureau of Investigation INFORMATION CONTACT section for operators or the pilots who operate to FRZ—Flight Restricted Zone information or advice. You can get and from those airports. In fact, in GA—General Aviation further information regarding SBREFA response to comments on SFAR 94 and IFR—Instrument Flight Rules on the Small Business Administration’s FAA Notice to Airmen (NOTAM) 3/ NM—Nautical Mile Web page at http://www.sba.gov/advo/ 0853, this interim final rule relaxes one NOTAM—Notice to Airmen laws/law_lib.html. of the major burdens imposed under PIN—Personal Identification Number SFAR—Special Federal Aviation Good Cause for Immediate Adoption NOTAM 3/0853—the requirement that aircraft approved to operate to or from Regulation TSA is issuing this interim final rule any of the Maryland Three Airports be TFR—Temporary Flight Restriction without prior notice and opportunity to based at one of those airports—without TSA—Transportation Security comment pursuant to its authority relaxing security. Under this interim Administration under section 4(a) of the Administrative final rule, TSA may permit transient VFR—Visual Flight Rules Procedure Act (APA) (5 U.S.C. 553(b)). aircraft to operate to or from any of the VOR/DME—Very High Frequency This provision authorizes the agency to Maryland Three Airports if the pilot Omnidirectional Range/Distance issue a rule without notice and complies with the requirements of the Measuring Equipment opportunity to comment when the interim final rule. This change will Background agency for good cause finds that those reduce costs without relaxing security. procedures are ‘‘impracticable, Finally, TSA notes that the FAA first After the September 11, 2001, terrorist unnecessary, or contrary to the public issued these requirements as SFAR 94 attacks against four U.S. commercial interest.’’ TSA finds that notice and on February 19, 2002. SFAR 94 was set aircraft resulting in the tragic loss of public comment to this interim final to expire one year from that date. The human life at the World Trade Center, rule are impracticable, unnecessary, and FAA requested and received public the Pentagon, and in southwest contrary to the public interest for the comments on SFAR 94. On February 14, Pennsylvania, the FAA immediately following reasons. 2003, the FAA published a final rule prohibited all aircraft operations within First, after the September 11, 2001 extending the expiration date of SFAR the territorial airspace of the U.S., with attacks, three airports in Maryland— 94 for an additional two years (68 FR the exception of certain military, law College Park Airport, Potomac Airfield, 7684). In the 2003 final rule, the FAA, enforcement, and emergency related and Washington Executive/Hyde Field in coordination with TSA, responded to aircraft operations. This general (the Maryland Three Airports)—were the public comments that it received prohibition was lifted in part on closed for a sustained period because of after the publication of SFAR 94 in September 13, 2001. In the Washington,
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DC, Metropolitan Area, however, control (ATC) arrival and departure plans related to transportation security, aircraft operations remained prohibited procedures for pilots operating from the including coordinating countermeasures at all civil airports within a 25 nautical Maryland Three Airports in accordance with appropriate departments, agencies, mile (NM) radius of the Washington with SFAR 94. The FAA updated and and instrumentalities of the U.S. Very High Frequency Omnidirectional reissued NOTAM 2/1257 as NOTAM 2/ government.6 TSA is also authorized to Range/Distance Measuring Equipment 2720 on December 10, 2002. NOTAM 2/ work in conjunction with the FAA with (VOR/DME). This action was 2720 permitted pilots vetted at any one respect to any actions or activities that accomplished via the U.S. NOTAM of the Maryland Three Airports to fly may affect aviation safety.7 system. The FAA issued several into any of the Maryland Three The FAA retains authority over NOTAMs under 14 CFR 91.139, Airports. NOTAM 3/0853 replaced airspace, including the authority to Emergency Air Traffic Rules, and NOTAM 2/2720 on February 1, 2003. issue airspace restrictions. FAA issued implemented temporary flight NOTAM 3/0853 remains in effect as of SFAR 94 under that authority. However, restrictions (TFRs) under 14 CFR the date of this interim final rule. because some of the requirements in 91.137, Temporary Flight Restrictions in Aviation and Transportation Security SFAR 94 deal primarily with security the Vicinity of Disaster/Hazard Areas. Act (including background checks for pilots On October 4, 2001, limited air carrier operating to or from the Maryland Three operations were permitted to resume at The events of September 11, 2001, led Airports and security procedures for the Ronald Reagan Washington National Congress to enact the Aviation and airports), and because TSA’s primary Airport (DCA). Transportation Security Act (ATSA), mission is civil aviation security, the On October 5, 2001, the FAA issued which created TSA.1 ATSA required FAA and TSA have determined that NOTAM 1/0989, which authorized TSA to assume many of the civil ground security procedures (including instrument flight rules (IFR) operations aviation security responsibilities that security threat assessments for pilots and limited visual flight rules (VFR) the FAA maintained prior to that date. and airport security coordinators) for operations within an 18 to 25 NM radius On February 22, 2002, TSA published a the Maryland Three Airports are best from the DCA VOR/DME in accordance final rule transferring the bulk of the handled under TSA’s authority. TSA with emergency air traffic rules issued FAA’s civil aviation security regulations also notes that TSA inspectors have under 14 CFR 91.139. Exception to the to TSA and adding new standards conducted inspections of Maryland 2 restrictions affecting aircraft operations required by ATSA. Three Airports for compliance with the under 14 CFR part 91 (part 91 FAA and TSA Authority airports’ approved security procedures. operations) in the Washington, DC, area For these reasons, the ground security issued since September 11, 2001, were The FAA has broad authority to regulate the safe and efficient use of the requirements and procedures for the made to permit the repositioning of Maryland Three Airports as well as the aircraft from airports within the area of navigable airspace.3 The FAA is also authorized to issue air traffic rules and security threat assessments for the TFR and to permit certain individuals operating aircraft to and operations conducted under waivers regulations to govern the flight of aircraft, the navigation, protection, and from those airports are being placed in issued by the FAA. TSA regulations. The airspace security On December 19, 2001, the FAA identification of aircraft for the restrictions in NOTAM 3/0853 remain cancelled NOTAM 1/0989 and issued protection of persons and property on under FAA authority. NOTAM 1/3354 that, in part, set forth the ground, and for the efficient use of special security instructions under 14 the navigable airspace. Additionally, SFAR 94 pursuant to 49 U.S.C. 40103(b)(3), the CFR 99.7 and created a new TFR for the The FAA issued SFAR 94 as a final FAA has the authority, in consultation Washington, DC, area. NOTAM 1/3354 rule on February 19, 2002.8 SFAR 94 with the Department of Defense (DOD), also created TFRs in the Boston and defined the restricted airspace over the to ‘‘establish security provisions that New York City areas. That action Washington, DC, Metropolitan Area and will encourage and allow maximum use significantly decreased the size of the established rules for all pilots operating of the navigable airspace by civil aircraft area subject to the earlier prohibitions aircraft to or from any of the Maryland consistent with national security.’’ Such on part 91 operations in the Three Airports. It also established provisions may include establishing Washington, DC, area and permitted security procedures for the Maryland operations at Freeway (W00), Maryland airspace areas the FAA decides are necessary in the interest of national Three Airports. SFAR 94 had a one-year (2W5), and Suburban (W18) airports. effective period and was set to expire on As security concerns were resolved, defense; and by regulation or order, February 13, 2003. However, the FAA, most general aviation (GA) operations restricting or prohibiting flight of civil in consultation with TSA and other resumed with varying degrees of aircraft that the FAA cannot identify, Federal agencies, reissued SFAR 94 on restriction. However, due to their locate, and control with available February 14, 2003, with an expiration proximity to important National Capitol facilities in those areas. The FAA has date of February 13, 2005.9 Region assets, the Maryland Three broad statutory authority to issue Airports remained closed for a sustained regulations in the interests of safety in Security Justification for the Interim period following the September 11 air commerce and national security.4 Final Rule TSA has broad authority over civil attacks because of the restrictions on Because of its status as home to all aircraft operations in the airspace that aviation security.5 TSA is responsible for developing policies, strategies, and three branches of the Federal overlies those airports. In addition, most government, as well as numerous part 91 operations in the airspace that plans for dealing with threats to transportation security, as well as other Federal buildings, foreign embassies, overlies the Maryland Three Airports multinational institutions, and national remained prohibited under NOTAM 1/ 1 Pub. L. 107–71, November 19, 2001, 115 Stat. monuments of iconic significance, the 3354. 597. On February 14, 2002, the FAA 2 67 FR 8340, February 22, 2002. 6 See 49 U.S.C. 114(f)(3) and (4). cancelled NOTAM 1/3354 and issued 3 See 49 U.S.C. 40103(a). 7 See 49 U.S.C. 114(f)(13). NOTAM 2/1257, which provided flight 4 See 49 U.S.C. 44701(a)(5). 8 67 FR 7537. plan filing procedures and air traffic 5 See 49 U.S.C. 114(d)(1). 9 68 FR 7683.
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Washington, DC, Metropolitan Area FAA, in consultation with TSA and airspace designated as the Washington, continues to be an obvious high priority other Federal agencies, implemented a DC, Metropolitan Area FRZ, as defined target for terrorists. system of concentric airspace rings and in FAA NOTAM or regulations. These Although there is no information complementary airspace control airports are referred to as the Maryland suggesting an imminent plan by measures via NOTAM 3/0853 in Three Airports. The interim final rule terrorists to use airplanes to attack February 2003. The dimensions of this also applies to individuals who operate targets in the Washington, DC, protected airspace were determined an aircraft to or from those airports. Metropolitan Area, the success of the after considering such factors as the Airport Operator Requirements September 11, 2001, attack on the average speed of likely suspect aircraft Pentagon and reports demonstrating and minimum launch time and speed of SFAR 94 required each Maryland terrorist groups’ enduring interest in intercept aircraft. After extensive Three Airport operator to adopt security aviation-related attacks indicate the coordination among Federal agencies, procedures that met minimum need for continued vigilance in aviation the dimensions for this protected requirements in SFAR 94 and were security. airspace were established along with the approved by the FAA Administrator. For example, the April 2004 arrest of requirements to enter and operate in the This interim final rule carries over that Waleed bin Attash and the subsequent airspace. The outer lateral boundary is requirement, except that the airport discovery of a plot to crash an the same as the outer lateral boundary security procedures must be approved explosive-laden small aircraft into the for the Tri-Area Class B airspace in the by TSA. The minimum-security U.S. Consulate in Karachi, Pakistan, Washington-Baltimore area. This outer procedures are discussed in greater illustrates terrorist groups’ continued boundary is, at certain places, more than detail below. TSA notes that because the interest in using aircraft to attack U.S. 40 nautical miles from the Washington agency is making only minor revisions interests. Other information—such as Monument. The Government to the SFAR 94 requirements, the airport documents found in Zacarias conditioned entry into this airspace on security procedures that were approved Moussaoui’s possession that outlined the identification of all aircraft operators by FAA under SFAR 94 for each of the crop duster operations—suggests that within the airspace in order to ensure Maryland Three Airports will be terrorist groups may have been the security of protected ground assets. approved by TSA under this interim considering other domestic aviation This airspace is called an Air Defense final rule. attack plans in addition to the Identification Zone (ADIZ). Within the The interim final rule requires the September 11, 2001, attacks. ADIZ airspace is an inner ring, called a airport operator to maintain at the In addition, recent press reporting on Flight Restricted Zone (FRZ), which has airport a copy of the airport’s TSA- the debriefings of detained terrorist a radius of approximately 15 NM approved security procedures, and to leader Khalid Shaykh Muhammad not centered on the Washington (DCA) permit officials authorized by TSA to only hints at the complexity of planning VOR/DME. In order to enter and operate inspect the airport, the airport’s TSA- involved in the September 11, 2001, in FRZ airspace, more stringent access approved security procedures, and any attacks but also suggests the group was and security procedures are applied. other documents required under the likely planning follow-on operations The Maryland Three Airports are interim final rule. These requirements inside the United States, possibly located within the FRZ. Therefore, will help increase awareness of, and including inside the Washington, DC, aircraft operating to or from one of the compliance with, the airport’s approved Metropolitan Area. Maryland Three Airports must be security procedures, as well as facilitate While DHS has no specific subject to special rules. TSA notes that the proper administration and oversight information that terrorist groups are under SFAR 94 and NOTAM 3/0853, of the security procedures at each currently planning to use GA aircraft to aircraft operations permitted in the FRZ airport. SFAR 94 contained a similar perpetrate attacks against the U.S., it are limited to U.S. Armed Forces, law provision at paragraph 4(a)(7). remains concerned that (in light of enforcement, aeromedical services, air The interim final rule also requires completed and ongoing security carriers that operate under 14 CFR part the airport operator to maintain at the enhancements for commercial aircraft 121, and certain types of general airport a copy of each FAA NOTAM and and airports) terrorists may turn to GA aviation aircraft operations that receive rule that affects security procedures at as an alternative method for conducting an FAA waiver after the waiver the Maryland Three Airports. SFAR 94 operations.10 applications are reviewed and cleared did not contain this requirement. TSA is To protect against a potential threat to by TSA. The pilots of these operations adding this requirement to help increase the Washington, DC, Metropolitan Area, have successfully completed a threat pilots’ awareness of, and compliance assessment prior to operating in the with, the FAA’s requirements for 10 TSA has taken several actions to enhance GA FRZ. operating in the FRZ. security. For example, TSA, in partnership with GA In addition, the interim final rule associations, implemented a GA Hotline (1–866–GA Discussion of the Interim Final Rule SECURE) that is tied to an Airport Watch Program. requires the airport operator to appoint This provides a mechanism to enable any GA pilot TSA is adopting most of the security an airport employee as the airport to report suspicious activity at his or her airport to requirements and procedures that are security coordinator. The airport one central Federal Government focal point. The currently in SFAR 94. TSA requests security coordinator will be responsible Hotline, which is operated by the National Response Center and managed by the U.S. Coast comment on each of the requirements for ensuring that the airport’s security Guard, became operational on December 2, 2002. discussed below. In the interim final procedures are implemented and The Airport Watch program has extended the rule, TSA has reorganized the paragraph followed. The airport security Neighborhood Watch concept to airports. Pilots, structure of the requirements in SFAR coordinator must be approved by TSA. airport workers, and aircraft maintainers are asked to call the Hotline to report any suspicious activity. 94 to help clarify the requirements. To obtain TSA approval, an airport In addition, TSA has released guidelines to provide In keeping with SFAR 94, the interim security coordinator is required to GA airport owners, operators, and users with a set final rule applies to the three Maryland undergo the same security threat of Federally-endorsed security enhancements and airports (College Park Airport (CGS), assessment and criminal history records methods for determining implementation. The guidelines are available on the TSA Web site at Potomac Airfield (VKX), and check as pilots who are approved to http://www.tsa.gov/public/interapp/editorial/ Washington Executive/Hyde Field operate to or from a Maryland Three editorial_1113.xml. (W32)) that are located within the Airport. Accordingly, the airport
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security coordinator is required to help ensure accountability for been vetted by TSA.12 The interim final present to TSA his or her name, social compliance with the security rule requires that the pilot comply with security number, date of birth, address, procedures at each airport. The interim all applicable FAA and TSA aircraft phone number, and fingerprints. These final rule also requires the airport operator requirements before he or she requirements, though not contained security coordinator to present to TSA, is permitted by FAA to take off from the specifically in SFAR 94, were contained in a form and manner acceptable to airport. Thus, the interim final rule in the airport security procedures TSA, his or her name, social security requires the airport’s security approved by TSA and FAA under SFAR number, date of birth, and fingerprints, procedures to contain the requirements 94. and to successfully complete a TSA that the pilot would have to satisfy The interim final rule imposes on terrorist threat assessment, including a before he or she could receive a limited airport security coordinators who are criminal history records check, that is TSA approval. SFAR 94 contained a approved by TSA a continuing the same as the threat assessment pilots similar provision at paragraph 4(b)(4). obligation to meet these requirements. If will have to successfully complete to be That provision required airport security TSA determines that an airport security approved to operate to or from any of procedures to contain airport arrival and coordinator poses a threat to national or the Maryland Three Airports. Airport departure route descriptions, air traffic transportation security, or a threat of security coordinators who were control clearance procedures, flight plan terrorism, after TSA has approved the approved under SFAR 94 will continue requirements, communications airport security coordinator, TSA may to be approved under the interim final procedures, and procedures for withdraw its approval of the airport rule. transponder use. security coordinator. In addition, if an Second, the interim final rule requires Finally, the interim final rule requires airport security coordinator is convicted an airport’s security procedures to an airport’s security procedures to or found not guilty by reason of insanity contain a current record of the contain any additional procedures of any of the listed disqualifying crimes individuals and aircraft authorized to necessary to provide for the security of after receiving TSA approval, the airport operate to or from the airport. This will aircraft operations to or from the airport. security coordinator must report the help ensure that only individuals who This will allow TSA to work with each conviction or finding of not guilty by have been properly vetted by TSA of the Maryland Three Airports to reason of insanity within 24 hours of the operate aircraft to or from the Maryland implement any additional security decision. TSA may withdraw its Three Airports. SFAR 94 contained procedures that may be necessary to approval of the airport security similar provisions at paragraphs 4(a)(2) enhance secure aircraft operations at a coordinator as a result of the conviction and (3). particular airport, and allow TSA to or finding of not guilty by reason of Third, the interim final rule requires amend an airport’s security procedures insanity. an airport’s security procedures to in response to threat information or TSA intends to issue a form that contain procedures to monitor the elevated threat levels. SFAR 94 airport security coordinators can use to security of aircraft at the airport during contained this provision at paragraph submit all of this information to TSA.11 operational and non-operational hours, 4(b)(9). TSA notes that airport security and to alert aircraft owners and TSA notes that it may need to be able coordinators who were approved under operators, the airport operator, and TSA to quickly amend a particular airport’s SFAR 94 may continue in their capacity of unsecured aircraft. Such procedures security procedures in response to as airport security coordinators without will help prevent aircraft located at the threat information, an elevation in the resubmitting to TSA the information airport from being stolen and used for threat level, noncompliance with the described above. unauthorized purposes. SFAR 94 security procedures, or other contained this provision at paragraph circumstances. Thus, the interim final Security Procedures 4(b)(5). rule provides that airport security To be approved by TSA, an airport’s Fourth, as required under paragraph procedures approved by TSA remain in security procedures must meet the 4(b)(6) of SFAR 94, the interim final rule effect unless TSA determines that minimum requirements set forth in the requires an airport’s security procedures operations at the airport have not been interim final rule. As noted above, TSA to contain procedures to ensure that conducted in accordance with the is making only minor revisions to the security awareness procedures are approved security procedures, or the minimum requirements established in implemented and maintained at the airport’s security procedures must be SFAR 94. Therefore, the airport security airport. Such procedures will help amended to provide for the security of procedures that were approved by FAA ensure that airport employees and pilots aircraft operations to or from the airport. under SFAR 94 for each of the Maryland operating to and from the airport are SFAR 94 contained a similar provision Three Airports will be approved by TSA aware of, and comply with, the security at paragraph 4(b) providing that an under the interim final rule. TSA procedures in place at the airport, and airport’s security procedures remain in requests comment on these minimum that they are able to recognize effect unless TSA determines that requirements. The minimum suspicious behavior or activity at the operations at the airport have not been requirements are as follows. airport. conducted in accordance with the First, as required under SFAR 94 at Fifth, the interim final rule requires security procedures. paragraph 4(a)(1), the interim final rule an airport’s security procedures to requires an airport’s security procedures contain TSA-approved procedures for 12 TSA recognizes that a pilot who violates the to contain basic airport information, approving pilots who violate the Flight Restricted Zone would not receive TSA Washington, DC, Metropolitan Area approval to operate to or from any of the Maryland outline the hours of operation, and Three Airports because the pilot would have a identify the airport security coordinator Flight Restricted Zone and are forced to record of an airspace violation under the interim who is responsible for ensuring that the land at an airport. For example, if a pilot final rule. However, TSA notes that the approval security procedures are implemented who was not vetted by TSA to take off granted under this provision would be for a one- or land at one of the Maryland Three time operation for the pilot to take off from the and followed. Such information will airport and leave the Flight Restricted Zone. The Airports did so, the security procedures approval granted under this provision would not 11 This form will be issued in accordance with the would be used to allow the pilot to take allow the pilot to continuously operate to or from requirements of the Paperwork Reduction Act. off from the airport after he or she had the Maryland Three Airports.
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Pilot Requirements Washington National Airport (DCA) and or dealing in an explosive, explosive The interim final rule prohibits a pilot pay the appropriate fee to the entity device, firearm, or other weapon; (21) from operating an aircraft to or from any collecting the fingerprints as well as a extortion; (22) armed or felony unarmed of the Maryland Three Airports unless fee to the Federal Bureau of robbery; (23) distribution of, or intent to he or she is approved by TSA. To Investigation (FBI) for processing the distribute, a controlled substance; (24) receive TSA approval, a pilot must meet fingerprints. TSA did not charge any felony arson; (25) a felony involving a the following requirements. As with the additional fee. TSA intends to continue threat; (26) a felony involving: willful airport operator requirements, TSA is using this process under the interim destruction of property; importation or making only minor revisions to final rule. manufacture of a controlled substance; requirements that are currently in effect Third, the interim final rule requires burglary; theft; dishonesty, fraud, or under SFAR 94. TSA also notes that pilots to successfully undergo a terrorist misrepresentation; possession or pilots who were approved to operate to threat assessment. This may include a distribution of stolen property; or from any of the Maryland Three check of terrorist watchlists and other aggravated assault; bribery; or illegal Airports under SFAR 94 may continue databases relevant to determining possession of a controlled substance to operate using the PIN issued to them whether a pilot poses a security threat punishable by a maximum term of by TSA. Such pilots do not have to or that confirm a pilot’s identity. A pilot imprisonment of more than one year; reapply for TSA approval under the will not receive TSA approval under (27) violence at international airports; interim final rule. this analysis if TSA determines or (28) a crime listed in 18 U.S.C. Chapter First, the interim final rule requires a suspects the individual of posing a 113B—Terrorism, or a State law that is pilot to present to TSA13 the following: threat to national or transportation comparable; (29) a crime involving a (1) The pilot’s name, social security security, or a threat of terrorism. The transportation security incident; (30) number, date of birth, address, and interim final rule imposes on pilots who immigration violations; (31) violations phone number; (2) the pilot’s current are approved by TSA a continuing of the Racketeer Influenced and Corrupt and valid airman certificate; (2) the obligation to meet this requirement. If a Organizations Act, 18 U.S.C. 1961, et pilot’s current medical certificate; (3) pilot who is approved to operate to or seq., or a State law that is comparable; one form of Government issued picture from any of the Maryland Three or (32) conspiracy or attempt to commit identification of the pilot; (4) the pilot’s Airports is determined by TSA to pose any of these criminal acts. fingerprints, in a form and manner a threat to national or transportation With the exception of four of the acceptable to TSA; and (5) a list security, or a threat of terrorism, TSA crimes listed above, these are the same containing the make, model, and may withdraw its approval of the pilot. crimes that were considered registration number of each aircraft that Fourth, pilots are required to undergo disqualifying under paragraph 3(b)(4) of the pilot intends to operate to or from a criminal history records check. A pilot SFAR 94. TSA also notes that these the airport. These requirements will may not be approved by TSA if he or crimes are considered disqualifying help establish a pilot’s identification she has been convicted or found not under 49 CFR 1544.229 for TSA security and permit TSA to conduct the required guilty by reason of insanity, in any screeners and under § 1542.209 for security threat assessment as well as jurisdiction, during the ten years prior individuals with unescorted access check the pilot’s FAA record. SFAR 94 to the date of the pilot’s request to authority to a security identification contained a similar provision at operate to or from any of the Maryland display area (SIDA). TSA understands Three Airports, or while authorized to paragraph 3(b)(1).14 TSA intends to the unique nature of GA and that in do so, of any crime specified in 49 CFR issue a form that pilots can use to many instances those security measures 1542.209 or 1572.103. These crimes are: submit all of this information to TSA.15 in place for commercial aviation would Second, the interim final rule requires (1) Forgery of certificates, false marking not be appropriate for GA facilities. pilots to submit their fingerprints to of aircraft, and other aircraft registration However, the unique nature and TSA in a form and manner acceptable violation; (2) interference with air security concerns surrounding the to TSA. Paragraph 3(b)(2) of SFAR 94 navigation; (3) improper transportation national capital region require required pilots to successfully complete of a hazardous material; (4) aircraft additional security enhancements, such piracy; (5) interference with flight crew a background check by a law as requirements for disqualifying members or flight attendants; (6) enforcement agency, which could offenses similar to those used for commission of certain crimes aboard include submission of fingerprints and individuals with SIDA access, that are aircraft in flight; (7) carrying a weapon the conduct of a criminal history more robust than those at other GA or explosive aboard aircraft; (8) records check. Under SFAR 94, airports. conveying false information or threats; TSA is adding the disqualifying individuals who sought approval to (9) aircraft piracy outside the special crimes listed in 49 CFR 1572.103. In operate to or from one of the Maryland aircraft jurisdiction of the U.S.; (10) developing that list of crimes, TSA Three Airports were required to submit lighting violations involving consulted with the Department of their fingerprints at Ronald Reagan transporting controlled substances; (11) Justice and Department of unlawful entry into an aircraft or airport Transportation to include those offenses 13 The airport security procedures approved by TSA and FAA under SFAR 94 required the airport area that serves air carrier or foreign air that are reasonably indicative of an operator to collect this information from pilots. TSA carriers contrary to established security individual’s predisposition to engage in intends to continue that collection process under requirements; (12) destruction of an violent or deceptive behavior that may the interim final rule. In addition, TSA intends to aircraft or aircraft facility; (13) murder; be predictive of a security threat. TSA issue a form that pilots can use to submit this information to the airport operator, who will submit (14) assault with intent to murder; (15) notes that there is considerable overlap the form to TSA. espionage; (16) sedition; (17) in the crimes listed in 49 CFR 1572.103 14 Although SFAR 94 did not specifically require kidnapping or hostage taking; (18) and 1542.209. The additional crimes pilots to submit their name, date of birth, or social treason; (19) rape or aggravated sexual listed in 49 CFR 1572.103 are the crimes security number, the airport security procedures abuse; (20) unlawful possession, use, listed above in (28), (29), (30), and (31), approved by TSA and FAA under SFAR 94 did require pilots to submit that information. sale, distribution, manufacture, as well as the addition of the following 15 This form will be issued in accordance with the purchase, receipt, transfer, shipping, language to the crimes listed in (20): requirements of the Paperwork Reduction Act. transporting, import, export, storage of, ‘‘explosive device’’ and ‘‘purchase,
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receipt, transfer, shipping, transporting, operating to and from the airport, and The interim final rule also requires import, export, storage of, and dealing will help prevent inadvertent violations pilots who have received TSA approval in’’. of those procedures. to operate to and from the Maryland The listed crimes would be Sixth, a pilot is required to undergo Three Airports to adhere to the considered grounds for disqualification a check of his or her FAA record for following security measures. whether civilian or military authorities certain violations. A pilot will not First, the interim final rule requires a prosecute them. If a pilot has been receive TSA approval if, in TSA’s pilot to protect from unauthorized convicted within the ten years discretion, he or she has a record of a disclosure any identification preceding the individual’s request to violation of: (1) A prohibited area information issued by TSA for the operate to or from any of the Maryland designated under 14 CFR part 73; (2) a conduct of operations to or from the Three Airports, the pilot will be flight restriction established under 14 airport. SFAR 94 contained a similar disqualified.16 CFR 91.141; (3) special security provision at paragraph 3(b)(7). Under The interim final rule also imposes on instructions issued under 14 CFR 99.7; SFAR 94, TSA would issue a personal pilots who are approved by TSA a (4) a restricted area designated under 14 identification number (PIN) to each continuing obligation to meet this CFR part 73; (5) emergency air traffic individual approved to operate to or requirement. If a pilot is convicted or rules issued under 14 CFR 91.139; (6) a from any of the Maryland Three found not guilty by reason of insanity of temporary flight restriction designated Airports. TSA will continue to do so any of the listed disqualifying crimes under 14 CFR 91.137, 91.138, or 91.145; under this interim final rule. This after receiving TSA approval, the pilot or (7) an area designated under 14 CFR requirement will help allow for the must report the conviction or finding of 91.143. In view of the critical need to ready identification of individuals who not guilty by reason of insanity within protect the critical infrastructure and have met the background check 24 hours of the decision. TSA may national assets in the Washington, DC, requirements and been approved for withdraw its approval of the pilot as a Metropolitan Area, TSA will not operations to or from any of the result of the conviction or finding of not approve pilots who have a record of Maryland Three Airports. guilty by reason of insanity. Paragraph violating restricted airspace.17 SFAR 94 Second, the interim final rule requires 3(b)(4) of SFAR 94 required that pilots contained a similar provision at a pilot to secure the aircraft after not be convicted or found not guilty by paragraph 3(b)(5). returning to the airport from any flight. reason of insanity of any of the TSA notes that there may be special This requirement will help prevent disqualifying crimes ‘‘while authorized circumstances in which TSA may aircraft from being stolen and used for to operate to or from the airport.’’ approve an individual who has a record terrorist and other criminal purposes. TSA invites comment from all of a violation of restricted airspace. TSA SFAR 94 contained this provision at interested parties concerning this list of will review such circumstances on a paragraph 3(b)(14). disqualifying crimes. TSA must balance case-by-case basis. Finally, a pilot is required to comply its responsibility to ensure the security The interim final rule imposes upon with any other requirements for of the critical infrastructure and Federal pilots who are approved by TSA a operating to or from the airport government assets in the Washington, continuing obligation to meet this specified by the FAA or TSA. For DC, Metropolitan Area against the requirement. If a pilot who is approved example, in the event the national threat knowledge that individuals may by TSA to operate to or from the level is elevated to Orange, TSA may participate in criminal acts but Maryland Three Airports commits any coordinate with local law enforcement subsequently become trusted citizens. of the violations described above, the officers to positively identify a pilot TSA wishes to minimize the adverse pilot must notify TSA within 24 hours operating from one of the Maryland impact this interim final rule may have of the violation. TSA, in its discretion, Three Airports by checking his or her on individuals who have committed may withdraw its approval of the pilot identification or pilot’s certificate before criminal offenses and served their as a result of the violation. TSA notes permitting the individual to take off. sentences, without compromising the that this obligation is slightly different SFAR 94 contained a similar provision security of the infrastructure and assets from the requirement for a pilot who is at paragraphs 3(b)(15) and (16). in the nation’s capitol. applying for access to the Maryland The interim final rule allows a pilot Fifth, a pilot is required to receive a Three Airports. In reviewing a pilot’s who is approved by TSA to operate an briefing acceptable to FAA and TSA that application for access to the Maryland aircraft to or from one of the Maryland describes procedures for operating to Three Airports, TSA will consider only Three Airports to operate an aircraft to and from the airport. These procedures final FAA determinations of violations any of the Maryland Three Airports, will be contained in the airport’s to be disqualifying. However, if a pilot provided that the pilot: (1) Files an IFR approved security procedures. SFAR 94 who has received TSA approval to or VFR flight plan with Leesburg contained this requirement at paragraph operate to or from the Maryland Three Automated Flight Service Station; (2) 3(b)(3). Pilots comply with the Airports subsequently commits any of obtains an ATC clearance with a requirement by viewing a videotaped the violations described above, TSA, in discrete transponder code; and (3) FAA/TSA briefing. In the near term, its discretion, may withdraw its follows any arrival/departure TSA intends to continue to use that approval without waiting for a final procedures required by the FAA. This videotape for compliance with the TSA FAA determination. This is necessary to was also permitted under SFAR 94. rule. However, in the future TSA ensure that TSA can immediately TSA notes that under SFAR 94 and intends to update that videotape or withdraw its approval of a pilot who NOTAM 3/0853, only pilots and aircraft provide an alternate briefing. This commits one or more serious airspace that were based at one of the Maryland requirement will help ensure that violations. Three Airports were permitted to individuals are aware of, and comply operate to or from the Maryland Three 17 with, the proper procedures for TSA will consider only final FAA Airports. Transient aircraft were not determinations of a violation of restricted airspace, permitted to operate to or from any of not any pending enforcement actions. TSA will 16 Pilots who were vetted in accordance with the consider an FAA determination to be final if the the Maryland Three Airports. Based on requirements of SFAR 94 will not be required to matter has been fully and finally adjudicated or the comments to SFAR 94, TSA has reapply for approval under the interim final rule. time for filing an appeal has expired. determined that this restriction may be
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relaxed without degrading security. to or from any of the Maryland Three with the requirements in this interim Therefore, under the interim final rule, Airports, provided that the pilot final rule and the requirements that TSA may approve transient aircraft to operating the aircraft complies with any remain in NOTAM 3/0853 or may be operate to or from any of the Maryland procedures specified by FAA or TSA. included in any NOTAM or rule that the Three Airports if the pilot complies These requirements include complying FAA issues to replace NOTAM 3/0853. with all of the requirements described with the ATC procedures and aircraft As noted above, the requirements in this above, including submitting his or her equipment requirements specified in interim final rule are intended to fingerprints at DCA and successfully applicable FAA regulations, and replace the security requirements in completing the TSA security threat complying with any other requirements SFAR 94, which will expire on February assessment and terrorist threat analysis. for operating to or from the airport 13, 2005. The requirements in NOTAM The interim final rule permits U.S. specified by TSA or FAA. 3/0853 will remain in effect until the armed forces, law enforcement, and Below is a table comparing the FAA removes them or replaces them aeromedical services aircraft to operate requirements contained in SFAR 94 with another NOTAM or a rule.
AIRPORT OPERATOR REQUIREMENTS
SFAR 94 TSA interim final rule NOTAM 3/0853
Identify and provide contact information for the Appoint an airport employee as the airport se- manager responsible for ensuring that secu- curity coordinator and provide contact infor- rity procedures are implemented and main- mation for him or her. § 1562.3(a)(1) and tained. 4(a)(1). (c)(1). Identify aircraft eligible to be authorized for op- Maintain a current record of the individuals erations to or from the airport, and maintain a and aircraft authorized to operate to or from current record of those persons authorized to the airport. § 1562.3(c)(2). conduct operations to or from the airport and the aircraft in which the person is authorized to conduct those operations. 4(a)(2) and (3). Maintain airport arrival and departure route de- Maintain procedures for limited approval of pi- scriptions, air traffic control clearance proce- lots who violate the Washington, DC, Met- dures, communications procedures, and pro- ropolitan Area Flight Restricted Zone and cedures for transponder use. 4(a)(4). are forced to land at the airport. § 1562.3(c)(5). Maintain procedures to monitor the security of Maintain procedures to monitor the security of aircraft at the airport during operational and aircraft at the airport during operational and non-operational hours and to alert aircraft non-operational hours and to alert the air- owners and operators, airport operators, and craft owner(s) and operator(s), the airport the FAA of unsecured aircraft. 4(a)(5). operator, and TSA of unsecured aircraft. § 1562.3(c)(3). Maintain procedures to ensure that security Implement and maintain security awareness awareness procedures are implemented and procedures at the airport. § 1562.3(c)(4). maintained at the airport. 4(a)(6). Ensure that a copy of the approved security Maintain at the airport a copy of the airport’s procedures is maintained at the airport and TSA-approved security procedures and per- can be made available for inspection upon mit officials authorized by TSA to inspect FAA request, and provide FAA with the the security procedures. § 1562.3(a)(3) and means necessary to make any inspection to (5). determine compliance with the approved se- curity procedures. 4(a)(7) and (8). Maintain any additional procedures necessary Maintain any additional procedures required to provide for the security of aircraft oper- by TSA to provide for the security of aircraft ations to or from the airport. 4(a)(9). operations to or from the airport. § 1562.3(c)(6).
PILOT REQUIREMENTS
SFAR 94 TSA interim final rule NOTAM 3/0853
Prior to obtaining authorization to operate to or To obtain TSA approval to operate to or from from the airport, present to FAA: (1) Current the airport, present to TSA: (1) Name; (2) and valid airman certificate; (2) current med- social security number; (3) date of birth; (4) ical certificate; (3) one form of Government address; (5) phone number; (6) current and issued picture identification; and (4) the valid airman certificate or student pilot cer- make, model, and registration number of tificate; (7) current medical certificate; (8) each aircraft the pilot intends to operate to or one form of Government issued picture from the airport. 3(b)(1). Note that the airport identification; (9) the make, model, and reg- security procedures approved by TSA and istration number of each aircraft the pilot in- FAA under SFAR 94 required pilots to submit tends to operate to or from the airport; and to FAA their: name, social security number, (10) fingerprints. § 1562.3(e)(1). date of birth, address, phone number, and fingerprints.
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PILOT REQUIREMENTS—Continued
SFAR 94 TSA interim final rule NOTAM 3/0853
Successfully complete a background check by Successfully complete a TSA terrorist threat a law enforcement agency, which may in- assessment and a criminal history records clude submission of fingerprints and the con- check. § 1562.3(e)(2) and (4). duct of a criminal history records check. 3(b)(2). Attend a briefing acceptable to FAA that de- Receive a briefing acceptable to TSA and scribes procedures for operating to or from FAA that describes procedures for oper- the airport. 3(b)(3). ating to or from the airport. § 1562.3(e)(3). Not have been convicted or found not guilty by Not have been convicted or found not guilty reason of insanity, in any jurisdiction, during by reason of insanity, in any jurisdiction, the 10 years prior to being authorized to op- during the 10 years prior to applying for au- erate to or from the airport, or while author- thorization to operate to or from the airport, ized to operate to or from the airport, of or while authorized to operate to or from those crimes specified in 14 CFR 108.229(d). the airport, of any crime specified in 49 3(b)(4). CFR 1542.209 or 1572.103. § 1562.3(e)(4). Not have a record on file with the FAA of: (1) a Not have a record on file with the FAA of a violation of a prohibited area designated violation of: a prohibited area designated under 14 CFR part 73, a flight restriction es- under 14 CFR part 73; a flight restriction tablished under 14 CFR 91.141, or special established under 14 CFR 91.141; special security instructions issued under 14 CFR security instructions issued under 14 CFR 99.7; or more than one violation of a re- 99.7; a restricted area designated under 14 stricted area designated under 14 CFR part CFR part 73; emergency air traffic rules 73, emergency air traffic rules issued under issued under 14 CFR 91.139; a temporary 14 CFR 91.139, a temporary flight restriction flight restriction designated under 14 CFR designated under 14 CFR 91.137, 91.138, or 91.137, 91.138, or 91.145; or an area des- 91.145, an area designated under 14 CFR ignated under 14 CFR 91.143. 91.143, or any combination thereof. 3(b)(5). § 1562.3(e)(5). Be authorized by the FAA to conduct oper- Be approved by TSA. § 1562.3(e) ...... ations to or from the airport. 3(b)(6). Protect from unauthorized disclosure any identi- Protect from unauthorized disclosure any fication information issued by FAA for the identification information issued by TSA for conduct of operations to or from the airport. the conduct of operations to or from the air- 3(b)(7). port. § 1562.3(f)(1). Operate an aircraft that is authorized by FAA ...... for operations to or from the airport. 3(b)(8). File an IFR or VFR flight plan telephonically ...... Part 2 of NOTAM 3/0853 requires each pilot with Leesburg AFSS prior to departure and to file an IFR or VFR flight plan with Lees- obtain an ATC clearance prior to entering the burg AFSS for all arrivals and departures FRZ. 3(b)(9). via telephone. Operate the aircraft in accordance with an open ...... NOTAM 3/0853 contains specific flight plan IFR or VFR flight plan while in the FRZ, un- procedures pilots must follow while oper- less otherwise authorized by ATC. 3(b)(10). ating in the FRZ. Maintain two-way communications with an ap- ...... Part 2 of NOTAM 3/0853 requires pilots to propriate ATC facility while in the FRZ. maintain two-way radio communication with 3(b)(11). ATS while in the FRZ. Ensure that the aircraft is equipped with an op- ...... NOTAM 3/0853 requires aircraft to be erable transponder with altitude reporting ca- equipped with an operational Mode C trans- pability and use an assigned discrete beacon ponder, and pilots to remain on their as- code while operating in the FRZ. 3(b)(12). signed discrete beacon code until they land. Comply with any instructions issued by ATC for ...... NOTAM 3/0853 requires pilots to fly as as- the flight. 3(b)(13). signed by ATC until they leave the FRZ. Secure the aircraft after returning to the airport Secure the aircraft after returning to the air- from any flight. 3(b)(14). port from any flight. § 1562.3(f)(2). Comply with all additional safety and security Comply with any other requirements for oper- requirements specified in applicable ating to or from the airport specified by TSA NOTAMs. 3(b)(15). Comply with any TSA or or FAA. § 1562.3(f)(3). law enforcement requirements to operate to or from the airport. 3(b)(16).
Waivers required under the interim final rule. Paperwork Reduction Act Any waiver issued will be a temporary Under the interim final rule, TSA, in waiver for a single operation, such as an The Paperwork Reduction Act of 1995 coordination with FAA, the United aircraft that is conducting aerial (PRA) (44 U.S.C. 3501 et seq.) requires States Secret Service, and any other photography or an aircraft that is being that a Federal agency consider the relevant Federal agency, may permit an moved from one of the Maryland Three impact of paperwork and other operation to or from any of the Airports after maintenance. TSA will information collection burdens imposed Maryland Three Airports if TSA finds not issue any permanent waivers for on the public and, under the provisions that such action would be in the public of PRA section 3507(d), obtain approval continued operations. interest and provide the level of security from the Office of Management and
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Budget (OMB) for each collection of In conducting these analyses, TSA has limited to pilots of transient operations, information it conducts, sponsors, or determined that the interim final rule’s which will be allowed to return to these requires through regulations. benefits outweigh its costs. TSA also has airports as a result of this interim final This rulemaking contains information determined that the interim final rule rule. TSA believes that given the collection activities subject to the PRA. will impose a significant economic security restrictions and three years The FAA initially required this impact on a substantial number of small experience with local based operations, collection under SFAR 94 (now 49 CFR entities. However, TSA believes that the transient operations at these airports is part 1562) and cleared under OMB requirements of a regulatory flexibility likely to be limited. Therefore, TSA control number 2120–0677. The analysis were met in the FAA analysis assumed that minimal to no cost will be responsibility for the collection has of the 2-year extension of SFAR 94. The imposed for pilots as a result of the been transferred to TSA and assigned interim final rule is not expected to interim final rule. Therefore, TSA OMB control number 1652–0029. adversely affect international trade or assumed for this analysis that minimal As protection provided by the PRA, as impose unfunded mandates costing to no new costs will be imposed for amended, an agency may not conduct or more than $100 million in a year on pilots as a result of the interim final sponsor, and a person is not required to state, local, or tribal governments or on rule. respond to, a collection of information the private sector. These analyses, unless it displays a currently valid OMB available in the rulemaking docket, are The cost impact of codifying the control number. summarized below. requirements and procedures of SFAR 94 result either from costs associated Regulatory Analyses Economic Analyses with the security-related provisions of Changes to Federal regulations must Executive Order 12866, ‘‘Regulatory TSA, or from the cost of flight undergo several economic analyses. Planning and Review’’ (58 FR 51735, restrictions imposed by the FAA. With First, Executive Order 12866, Regulatory October 4, 1993), provides for making regard to airports, security-related costs Planning and Review (58 FR 51735, determinations whether a regulatory are imposed for: compliance with the October 4, 1993), directs each Federal action is ‘‘significant’’ and therefore physical security provisions of the agency to propose or adopt a regulation subject to OMB review and to the interim final rule; preparation of only upon a reasoned determination requirements of the Executive Order. security briefings for pilots and that the benefits of the intended This rulemaking is not ‘‘significant’’ employees; and airport security program regulation justify its costs. Second, the under the Executive Order. However, preparation, modification, and Regulatory Flexibility Act of 1980 (5 TSA has prepared a full regulatory maintenance. Lost revenue as a result of U.S.C. 601 et seq., as amended by the evaluation for this rulemaking, which is operational restrictions will also be a Small Business Regulatory Enforcement available for review in the docket of this cost for airports. Fairness Act (SBREFA) of 1996) requires matter. The results of the evaluation are agencies to analyze the economic summarized here. Although most costs could be impact of regulatory changes on small identified as resulting either from TSA entities. Third, the Office of Costs requirements or FAA requirements Management and Budget directs The interim final rule results in costs without much difficulty, it may be agencies to assess the effect of for the Maryland Three airports and for difficult to determine whether lost regulatory changes on international government agencies enforcing the revenue from operational restrictions is trade. Fourth, the Unfunded Mandates requirements. Pilots that operate to and totally the result of closures due to Reform Act of 1995 (2 U.S.C. 1531– from the airports may also incur costs. security restrictions, or the result of 1538) requires agencies to prepare a However, TSA believes that the cost of FAA flight restrictions. For that reason, written assessment of the costs, benefits, the security requirements for pilots were the annual costs of codifying the and other effects of proposed or final incurred by practically all covered requirements of SFAR 94 are rules that include a Federal mandate pilots during the first year of SFAR 94. summarized in two tables. Table ES–1 likely to result in the expenditure by Any additional costs imposed will be shows the estimated costs of the rule (in State, local, or tribal governments, in the only for new pilots attracted to the 2002 dollars) with the value of lost aggregate, or by the private sector, of airports. TSA believes that because of revenue from operational restrictions $100 million or more annually (adjusted the security restrictions, new pilots included, while Table ES–2 shows the for inflation.) attracted to these airports will be estimated cost excluding lost revenue.
TABLE ES–1.—COST OF COMPLIANCE FOR SFAR–94 (2002 DOLLARS) [With cost of operational restrictions]
Cost of security Cost of Entity require- operational Total costs ments restrictions
College Park ...... $181,500 $1,624,400 $1,805,900 Potomac Airfield ...... 63,100 1,633,300 1,696,400 Washington Executive/Hyde ...... 78,600 1,598,100 1,678,600
Total airport costs ...... 323,200 4,855,800 5,179,000
Government Agencies ...... 10,200 ...... 10,200
Total cost per year ...... 333,400 4,855,800 5,189,200
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TABLE ES–2.—COST OF COMPLIANCE FOR SFAR–94 (2002 DOLLARS) [Without cost of operational restrictions]
Cost of Entity security Total costs requirements
College Park ...... $181,500 181,500 Potomac Airfield ...... 63,100 63,100 Washington Executive/Hyde ...... 78,600 78,600
Total Airport Costs ...... 323,200 323,200
Government Agencies ...... 10,200 10,200
Total cost per year ...... 333,400 333,400
Lost revenue as a result of operational 94. To avoid double counting those compliance of the interim final rule at restrictions is included as a cost in the costs, the cost of operational restrictions $0.3 million, and the 10-year FAA regulatory evaluation of its notice is not included in the TSA estimates of undiscounted cost at $3.3 million. The of proposed rulemaking (NPRM) to total costs in this analysis. Based on the present value of those costs is $2.3 codify the airspace restrictions of SFAR above, TSA estimated first year cost of million as shown in Table ES–3 below.
TABLE ES–3.—TOTAL COST OF COMPLIANCE OF INTERIM FINAL RULE SECURITY REQUIREMENTS
College Potomac Washington Total annual 7% discount Net present Year Park Airfield Executive Government costs factor value
2005 ...... $181,500 $63,100 $78,600 $10,200 $333,400 0.9346 $311,600 2006 ...... 181,500 63,100 78,600 10,200 333,400 0.8734 291,200 2007 ...... 181,500 63,100 78,600 10,200 333,400 0.8163 272,200 2008 ...... 181,500 63,100 78,600 10,200 333,400 0.7629 254,400 2009 ...... 181,500 63,100 78,600 10,200 333,400 0.7130 237,700 2010 ...... 181,500 63,100 78,600 10,200 333,400 0.6663 222,100 2011 ...... 181,500 63,100 78,600 10,200 333,400 0.6227 207,600 2012 ...... 181,500 63,100 78,600 10,200 333,400 0.5820 194,000 2013 ...... 181,500 63,100 78,600 10,200 333,400 0.5439 181,300 2014 ...... 181,500 63,100 78,600 10,200 333,400 0.5083 169,500
Total ...... 1,815,000 631,000 786,000 102,000 3,334,000 ...... 2,341,600
When added to air space-related costs, believes that the rule will reduce the public comment an initial regulatory as calculated by FAA, of $6.06 million risk that an airborne strike initiated flexibility analysis (IRFA) for annually and $60.6 million over 10 from an airport moments away from rulemakings subject to the notice and years, the total ten-year cost of codifying vital national assets will occur. The TSA comment requirements of the SFAR 94 is estimated at $63.9 million.18 recognizes that such an impact may not Administrative Procedure Act (APA). cause substantial damage to property or Section 604(a) of the RFA requires a Benefits a large structure; however, it could final regulatory flexibility analysis TSA believes that allowing transient potentially result in an undetermined (FRFA) for final rules issued operations at the airports will reduce number of fatalities and injuries and subsequently. some of the lost revenue shown in Table reduced tourism. The resulting tragedy TSA is issuing this interim final rule ES–1 as a result of this interim final would adversely impact the regional without prior notice and opportunity to rule. However, the primary benefit of economies. Thus, TSA has concluded comment pursuant to its authority the rule will be enhanced protection for that the benefits associated with the under section 4(a) of the Administrative a significant number of vital government interim final rule vastly exceed the Procedure Act (APA) (5 U.S.C. 553(b)). assets in the National Capital Region, costs. This provision authorizes the agency to issue a rule without notice and while keeping the airports operational. Regulatory Flexibility Act Assessment Without these measures, the Maryland opportunity to comment when the Three Airports would have to be closed The Regulatory Flexibility Act (RFA) agency for good cause finds that those due to the FAA requirements. The of 1980, as amended, requires Federal procedures are ‘‘impracticable, security provisions contained in this agencies to consider the impact of unnecessary, or contrary to the public rule are an integral part of the effort to regulatory actions on small entities. To interest.’’ TSA finds that notice and identify and defeat the threat posed by that end, the RFA requires agencies to public comment to the interim final rule members of foreign terrorist groups to perform a review to determine whether are impracticable, unnecessary, and vital U.S. assets and security. The TSA a proposed or final rule will have ‘‘a contrary to the public interest for the significant economic impact on a following reasons. 18 The FAA estimate is based on information in substantial number of small entities.’’ The Maryland Three Airport the FAA regulatory evaluation of the codification of Section 603(a) of the RFA requires that operators, and pilots who operate to and airspace requirements of SFAR 94. agencies prepare and make available for from those airports, have been operating
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under the SFAR 94 requirements since annually for Washington Executive will reduce the burden on the airports February 19, 2002. TSA is largely Airport and $220,700 for the Potomac without relaxing security. adopting the security measures and Airfield Airport; 19 these costs increase For the reasons stated above, TSA procedures that were required under to $333,100 and $252,200, respectively believes that the requirements of both SFAR 94. As a result, TSA believes that when the anticipated airport revenue the IRFA and the FRFA have already the interim final rule will not present losses are increased by 20 percent, as been satisfied. any surprises or impose any additional discussed in the full regulatory International Trade Impact Assessment burdens on the Maryland Three Airport evaluation. The analysis further operators or the pilots who operate to described the estimated time and cost The Trade Agreement Act of 1979 and from those airports. SFAR 94, requirements for modifying and prohibits Federal agencies from however, is set to expire on February 13, submitting security procedures to TSA engaging in any standards or related 2005. Consequently, if TSA does not at 16 hours and $672 for Potomac, and activities that create unnecessary issue this interim final rule 15 hours and $600 for Washington obstacles to the foreign commerce of the immediately, The Maryland Three Executive. United States. Legitimate domestic Airports may be required to close until 5. Duplication/Overlap. The FAA is objectives, such as safety, are not TSA completes this rulemaking. unaware of any Federal rules that considered unnecessary obstacles. The The FAA issued SFAR 94 without duplicate, overlap, or were in conflict statute also requires consideration of prior notice and public comment, but with SFAR 94. international standards and where did consider and respond to comments The FAA Regulatory Flexibility appropriate, that they be the basis for in its two-year extension of SFAR 94. Analysis also discussed the following U.S. standards. In addition, consistent The FAA also performed a Regulatory alternatives: (1) Rescind the rule; (2) with the Administration’s belief in the Flexibility Analysis, which addressed Maintain the status quo (SFAR 94); and general superiority and desirability of the following requirements of an IRFA: (3) Close the airports permanently. Of free trade, it is the policy of to remove 1. Reasons why the rule was those alternatives, maintaining the or diminish to the extent feasible, considered. In the wake of the status quo (SFAR 94) is preferred barriers to international trade, including catastrophic events of September 11, because rescinding the rule would both barriers affecting the export of 2001, there was an awareness of the increase the vulnerability and diminish American goods and services to foreign need to take steps to safeguard critical the level of protection now in place, countries and barriers affecting the national assets and counter the while closing the airports permanently import of foreign goods and services increased threat level, while restoring causes the greatest financial burden on into the United States. operations at the Maryland Three the airports. In accordance with the above statute Airports, which are located within a few The FAA analysis also addressed the and policy, the TSA has assessed the minutes of vital civilian and military additional elements required for the potential effect of this interim final rule control centers. FRFA. As required in the FRFA, FAA and has determined that it will have 2. Objective. To restore operations at summarized and addressed significant only a domestic impact and therefore no the affected airports, while attempting issues raised by public comments, in affect on any trade-sensitive activity. to counter the threat of a possible addition to providing a summarized Unfunded Mandates Assessment terrorist airborne attack on vital national assessment of those issues. Further, in assets located within the National response to one of those issues raised as Section 202 of the Unfunded Capital Region. The legal basis is found an alternative, this IFR relaxes one of Mandates Reform Act of 1995 (UMRA) in 49 U.S.C. 44901 and 49 U.S.C. the major burdens imposed—the requires Federal agencies to prepare a 40101(d). requirement that aircraft approved to written assessment of the costs, benefits, 3. Description and number of small operate to or from any of the Maryland and other effects of proposed or final entities regulated. The IFR regulates two Three Airports be based at one of those rules that include a Federal mandate small (based on the SBA Office of Size airports. As a result, through this IFR, likely to result in the expenditure by Standards criteria of less than $6.0 TSA may permit transient aircraft to State, local, or tribal governments, in the million in annual receipts) privately- operate to or from any of the Maryland aggregate, or by the private sector, of owned general aviation airports Three Airports if the pilot complies more than $100 million in any one year (Potomac Airfield and Washington with the requirements of the interim (adjusted for inflation with base year of Executive Airport). In total, three final rule. TSA believes that this change 1995). Before promulgating a rule for airports are regulated, but the third is which a written statement is needed, owned by two governmental 19 The full regulatory evaluation shows revenue section 205 of the UMRA generally jurisdictions with a combined losses and security costs broken down between requires TSA to identify and consider a population of 1.7 million (well above actual airport costs and those incurred by other reasonable number of regulatory airport entities. The costs applicable here are only the 50,000 SBA threshold population for those incurred by the airports. For Potomac, alternatives and adopt the least costly, small governmental jurisdictions), and revenue losses are $157,600 (Table 6 in full most cost-effective, or least burdensome thus was not considered a small entity regulatory evaluation) and security costs are alternative that achieves the objective of for the analysis. $63,100 (Table 7), summing to $220,700. For the rule. The provisions of section 205 Washington Executive/Hyde, revenue losses are 4. Compliance requirements. The estimated at $212,100 and are calculated by do not apply when they are inconsistent FAA analysis discussed the airspace summing $69,200 (Table 10) with the average of with applicable law. Moreover, section flight restrictions imposed and the cost airport-only costs (excluding fuel and landing fees) 205 allows TSA to adopt an alternative of compliance and lost revenue as a from Tables 2 (College Park) and 6 (Potomac). The other than the least costly, most cost- revenue losses from those two tables are $209,300 result. In addition, the analysis and $76,500, respectively, resulting in an average of effective, or least burdensome described the security requirements to $142,900 (($209,300 + $76,500 = $285,800) (÷ 2 = alternative if the agency publishes with maintain a security program and to $142,900). Therefore, total revenue losses for the final rule an explanation why that modify and submit security procedures Washington Executive are estimated at $212,100 alternative was not adopted. ($69,200 + $142,900 = $212,100). With security to TSA upon request. The cost of flight costs at $78,600 (Table 11), the cost of compliance This interim final rule will not result restrictions, lost revenue, and security sums to $290,700 for Washington Executive in the expenditure by State, local, or procedures is estimated at $290,700 ($212,100 + $78,600 = $290,700). tribal governments, in the aggregate, or
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by the private sector, of more than $100 PART 1562—GENERAL AVIATION (ii) Social Security Number; million annually. Thus, TSA has not (iii) Date of birth; prepared a written assessment under the Subpart A—Maryland Three Airports: (iv) Address; UMRA. Enhanced Security Procedures for (v) Phone number; and Operations at Certain Airports in the (vi) Fingerprints. Executive Order 13132, Federalism Washington, DC, Metropolitan Area (2) Successfully complete a TSA Executive Order 13132 requires TSA Flight Restricted Zone terrorist threat assessment; and to develop an accountable process to (3) Not have been convicted or found ensure ‘‘meaningful and timely input by Sec. not guilty by reason of insanity, in any State and local officials in the 1562.1 Scope and definitions. jurisdiction, during the 10 years prior to 1562.3 Operating requirements. development of regulatory policies that applying for authorization to operate to have federalism implications.’’ ‘‘Policies Authority: 49 U.S.C. 114, 40113. or from the airport, or while authorized to operate to or from the airport, of any that have federalism implications’’ is § 1562.1 Scope and definitions. defined in the Executive Order to crime specified in 49 CFR 1542.209 or include regulations that have (a) Scope. This subpart applies to the 1572.103. ‘‘substantial direct effects on the States, following airports, and individuals who (c) Security procedures. To be on the relationship between the national operate an aircraft to or from those approved by TSA, an airport’s security government and the States, or on the airports, that are located within the procedures, at a minimum, must: distribution of power and airspace designated as the Washington, (1) Identify and provide contact responsibilities among the various DC, Metropolitan Area Flight Restricted information for the airport’s airport levels of government.’’ Under the Zone by the Federal Aviation security coordinator. Executive Order, TSA may construe a Administration: (2) Contain a current record of the Federal statute to preempt State law (1) College Park Airport (CGS); individuals and aircraft authorized to only where, among other things, the (2) Potomac Airfield (VKX); and operate to or from the airport. (3) Contain procedures to— exercise of State authority conflicts with (3) Washington Executive/Hyde Field (W32). (i) Monitor the security of aircraft at the exercise of Federal authority under the airport during operational and non- the Federal statute. (b) Definitions. For purposes of this section: operational hours; and This interim final rule will not have (ii) Alert the aircraft owner(s) and substantial direct effects on the States, Airport security coordinator means the official at a Maryland Three Airport operator(s), the airport operator, and on the relationship between the national TSA of unsecured aircraft. government and the States, or on the who is responsible for ensuring that the airport’s security procedures are (4) Contain procedures to implement distribution of power and and maintain security awareness responsibilities among the various implemented and followed. Maryland Three Airport means any of procedures at the airport. levels of government. Thus, TSA has (5) Contain procedures for limited determined that this interim final rule the airports specified in paragraph (a) of this section. approval of pilots who violate the will not have sufficient Federalism Washington, DC, Metropolitan Area implications to warrant the preparation § 1562.3 Operating requirements. Flight Restricted Zone and are forced to of a Federal Assessment. (a) Airport operator requirements. land at the airport. National Environmental Policy Act Each operator of a Maryland Three (6) Contain any additional procedures Airport must: required by TSA to provide for the TSA has reviewed this action for security of aircraft operations to or from purposes of the National Environmental (1) Appoint an airport employee as the airport security coordinator; the airport. Policy Act of 1969 (42 U.S.C. 4321– (d) Amendments to security 4347) and has determined that this (2) Maintain and carry out security procedures approved by TSA; procedures. Airport security procedures action will not have a significant effect approved by TSA remain in effect on the human environment. (3) Maintain at the airport a copy of the airport’s TSA-approved security unless TSA determines that— Energy Impact procedures; (1) Operations at the airport have not been conducted in accordance with TSA has assessed the energy impact (4) Maintain at the airport a copy of each Federal Aviation Administration those procedures; or of this rule in accordance with the (2) The procedures must be amended Notice to Airmen and rule that affects Energy Policy and Conservation Act to provide for the security of aircraft security procedures at the Maryland (EPCA), Public Law 94–163, as amended operations to or from the airport. Three Airports; and (42 U.S.C. 6362). TSA has tentatively (e) Pilot requirements for TSA (5) Permit officials authorized by TSA determined that this interim final rule approval. Except as specified in to inspect— will not be a major regulatory action paragraph (g) of this section, each pilot (i) The airport; under the provisions of the EPCA. of an aircraft operating to or from any (ii) The airport’s TSA-approved of the Maryland Three Airports must be List of Subjects in 49 CFR Part 1562 security procedures; and approved by TSA. To obtain TSA Airports, Flight restricted zone, (iii) Any other documents required approval, a pilot must: General aviation, Security threat under this section. (1) Present to TSA— assessment. (b) Airport security coordinator (i) The pilot’s name; requirements. Each airport security The Amendments (ii) The pilot’s Social Security coordinator for a Maryland Three Number; I For the reasons set forth in the Airport must be approved by TSA. To (iii) The pilot’s date of birth; preamble, the Transportation Security obtain TSA approval, an airport security (iv) The pilot’s address; Administration amends Chapter XII, coordinator must: (v) The pilot’s phone number; subchapter C, of Title 49, Code of Federal (1) Present to TSA, in a form and (vi) The pilot’s current and valid Regulations, by adding a new part 1562 manner acceptable to TSA, his or her— airman certificate or current student to read as follows: (i) Name; pilot certificate;
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(vii) The pilot’s current medical operating to or from any of the guilty by reason of insanity, in any certificate; Maryland Three Airports must: jurisdiction, of any crime specified in 49 (viii) One form of Government-issued (1) Protect from unauthorized CFR 1542.209 or 1572.103, the airport picture identification of the pilot; disclosure any identification security coordinator or pilot must notify (ix) The pilot’s fingerprints, in a form information issued by TSA or the TSA within 24 hours of the conviction and manner acceptable to TSA; and Federal Aviation Administration for the or finding of not guilty by reason of (x) A list containing the make, model, conduct of operations to or from the insanity. TSA may withdraw its and registration number of each aircraft airport. approval of the airport security that the pilot intends to operate to or (2) Secure the aircraft after returning coordinator or pilot as a result of the from the airport. to the airport from any flight. conviction or finding of not guilty by (2) Successfully complete a TSA (3) Comply with any other reason of insanity. terrorist threat assessment. requirements for operating to or from (2) If a pilot who is approved to (3) Receive a briefing acceptable to the airport specified by TSA or the operate to or from any of the Maryland TSA and the Federal Aviation Federal Aviation Administration. Three Airports commits any of the Administration that describes (g) Operations to any of the Maryland violations described in paragraph (e)(5) procedures for operating to and from the Three Airports. A pilot who is approved of this section, the pilot must notify airport. by TSA in accordance with paragraph TSA within 24 hours of the violation. (4) Not have been convicted or found (d) of this section may operate an TSA, in its discretion, may withdraw its not guilty by reason of insanity, in any aircraft to any of the Maryland Three approval of the pilot as a result of the jurisdiction, during the 10 years prior to Airports, provided that the pilot— violation. applying for authorization to operate to (1) Files an instrument flight rules or (3) If an airport security coordinator, or from the airport, or while authorized visual flight rules flight plan with or a pilot who is approved to operate to to operate to or from the airport, of any Leesburg Automated Flight Service or from any of the Maryland Three crime specified in 49 CFR 1542.209 or Station; Airports, is determined by TSA to pose 1572.103. (2) Obtains an Air Traffic Control a threat to national or transportation (5) Not, in TSA’s discretion, have a clearance with a discrete transponder security, or a threat of terrorism, TSA record on file with the Federal Aviation code; and may withdraw its approval of the airport Administration of a violation of— (3) Follows any arrival/departure security coordinator or pilot. (i) A prohibited area designated under procedures required by the Federal (j) Waivers. TSA, in coordination with 14 CFR part 73; Aviation Administration. the Federal Aviation Administration, (ii) A flight restriction established (h) U.S. Armed forces, law the United States Secret Service, and under 14 CFR 91.141; enforcement, and aeromedical services any other relevant agency, may permit (iii) Special security instructions aircraft. An individual may operate a an operation to or from any of the issued under 14 CFR 99.7; U.S. Armed Forces, law enforcement, or Maryland Three Airports, in deviation (iv) A restricted area designated under aeromedical services aircraft on an from the provisions of this section, if 14 CFR part 73; authorized mission to or from any of the TSA finds that such action— (v) Emergency air traffic rules issued Maryland Three Airports provided that (1) Is in the public interest; and under 14 CFR 91.139; the individual complies with any (2) Provides the level of security (vi) A temporary flight restriction requirements for operating to or from required by this section. designated under 14 CFR 91.137, the airport specified by TSA or the 91.138, or 91.145; or Federal Aviation Administration. Issued in Arlington, Virginia, on February (vii) An area designated under 14 CFR (i) Continuing responsibilities. (1) If 4, 2005. 91.143. an airport security coordinator, or a David M. Stone, (f) Additional pilot requirements. pilot who is approved to operate to or Assistant Secretary. Except as specified in paragraph (g) of from any of the Maryland Three [FR Doc. 05–2630 Filed 2–9–05; 8:45 am] this section, each pilot of an aircraft Airports, is convicted or found not BILLING CODE 4910–62–P
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Reader Aids Federal Register Vol. 70, No. 27 Thursday, February 10, 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. Ch. IV...... 5571 Presidential Documents 3 CFR Ch. VII...... 5946 Executive orders and proclamations 741–6000 Proclamations: The United States Government Manual 741–6000 7866...... 6545 13 CFR 7867...... 6547 125...... 5568 Other Services 7868...... 6995 Electronic and on-line services (voice) 741–6020 7869...... 6997 14 CFR Privacy Act Compilation 741–6064 Administrative Orders: 39 ...... 5361, 5365, 5367, 5515, Public Laws Update Service (numbers, dates, etc.) 741–6043 Presidential 5917, 5920, 7014, 7016, TTY for the deaf-and-hard-of-hearing 741–6086 Determinations: 7017 No. 2005-19 of 71 ...... 5370, 6334, 6335, 6336, ELECTRONIC RESEARCH January 27, 2005 ...... 6549 7020, 7021 95...... 6337 World Wide Web 5 CFR 97...... 6338 Full text of the daily Federal Register, CFR and other publications Ch. XCVII...... 5272 119...... 5518 is located at: http://www.gpoaccess.gov/nara/index.html 5501...... 5543 121...... 5518 Federal Register information and research tools, including Public 5502...... 5543 129...... 5518 Inspection List, indexes, and links to GPO Access are located at: 9701...... 5272 135...... 5518 183...... 5518 http://www.archives.gov/federallregister/ 7 CFR Proposed Rules: E-mail 272...... 6313 25...... 6598 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 275...... 6313 39 ...... 5064, 5066, 5070, 5073, an open e-mail service that provides subscribers with a digital 319...... 6999 5076, 5078, 5081, 5387, form of the Federal Register Table of Contents. The digital form 905...... 5915 5390, 6782, 6786, 7052, of the Federal Register Table of Contents includes HTML and 923...... 6999 7056, 7057, 7059, 7061, PDF links to the full text of each document. 932...... 6323 7063 984...... 7002 To join or leave, go to http://listserv.access.gpo.gov and select 71 ...... 6376, 6378, 6379, 6381, 989...... 6326 Online mailing list archives, FEDREGTOC-L, Join or leave the list 6601 1260...... 7004 (or change settings); then follow the instructions. 375...... 6382 1463...... 7007 PENS (Public Law Electronic Notification Service) is an e-mail 1700...... 5349 15 CFR service that notifies subscribers of recently enacted laws. 1709...... 5349 902...... 7022 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 3550...... 6551 and select Join or leave the list (or change settings); then follow Proposed Rules: 17 CFR the instructions. 300...... 6596 1...... 5923 FEDREGTOC-L and PENS are mailing lists only. We cannot 301...... 6596 155...... 5923 respond to specific inquiries. 923...... 6598 228...... 6556 993...... 5944 229...... 6556 Reference questions. Send questions and comments about the 1700...... 5382 232...... 6556, 6573 Federal Register system to: [email protected] 1709...... 5382 240...... 6556 The Federal Register staff cannot interpret specific documents or 249...... 6556 9 CFR regulations. 270...... 6556 53...... 6553 Proposed Rules: 71...... 6553 1...... 5577 FEDERAL REGISTER PAGES AND DATE, FEBRUARY 93...... 6083 5043–5348...... 1 94...... 5043, 6083 18 CFR 5349–5542...... 2 95...... 6083 157...... 6340 96...... 6083 5543–5914...... 3 327...... 6554 20 CFR 5915–6312...... 4 416...... 6340 6313–6550...... 7 11 CFR 6551–6762...... 8 110...... 5565 21 CFR 6763–6994...... 9 Proposed Rules: 522...... 6764 6995–7164...... 10 109...... 5382 1310...... 5925 300...... 5382, 5385 1313...... 5925 12 CFR 22 CFR 30...... 6329 22...... 5372 201...... 6763 26 CFR Proposed Rules: Ch. I ...... 5571 1...... 5044 Ch. II ...... 5571 Proposed Rules: Ch. III ...... 5571 1...... 5948
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27 CFR 39 CFR 410...... 6184 48 CFR Proposed Rules: 111...... 5055 412...... 5724, 6184 Ch. 12 ...... 6506 9 ...... 5393, 5397, 6792 551...... 6764 413...... 6086, 6184 219...... 6373 414...... 6184 225...... 6374 29 CFR 40 CFR 423...... 6256 229...... 6375 441...... 6086 9...... 6351 Proposed Rules: Proposed Rules: 482...... 6140 2520...... 6306 52 ...... 5377, 5927, 5928, 6352, 250...... 6393 6591, 7024, 7038, 7041 486...... 6086 488...... 6140, 6184 30 CFR 63...... 6355, 6930 49 CFR 81 ...... 5057, 6361, 6591 494...... 6184 214...... 7047 948...... 6575 271...... 6765 498...... 6086 571...... 6777 Proposed Rules: 180...... 7044 1562...... 7150 913...... 6602 300...... 5930 44 CFR 915...... 6606 442...... 5058 Proposed Rules: 64...... 6364 173...... 7072 Proposed Rules: 65...... 5933, 5936 385...... 5957 33 CFR 51...... 5593 67 ...... 5937, 5938, 5942 390...... 5957 100...... 5045 52 ...... 5085, 5399, 6387, 6796, Proposed Rules: 395...... 5957 117 ...... 5048, 6345, 7024 7069 67 ...... 5949, 5953, 5954, 5956 605...... 5600 165 .....5045, 5048, 5050, 6347, 63...... 6388, 6974 6349 81...... 7081 47 CFR Proposed Rules: 122...... 5093 50 CFR 165...... 5083, 7065 155...... 5400 0...... 6593 229...... 6779 167...... 7067 261...... 6811 1...... 6771 622...... 5061, 5569 271...... 6819 2...... 6771 648...... 7050 36 CFR 300...... 5949 15...... 6771 660...... 7022 442...... 5100 22...... 6761 679...... 5062, 6781 Proposed Rules: 25...... 6771 1253...... 6386 Proposed Rules: 41 CFR 54...... 6365 17 ...... 5101, 5117, 5123, 5401, 73...... 5380, 5381 37 CFR Ch. 301 ...... 5932 5404, 5959, 6819 76...... 6593 21...... 6978 1...... 5053 42 CFR 90...... 6758, 6761 226...... 6394 Proposed Rules: 301...... 6776 300...... 6395 38 CFR 400...... 6184 Proposed Rules: 622...... 5128 17...... 5926 405...... 6140, 6184 54...... 6390 648...... 6608
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REMINDERS Airbus; published 1-6-05 Pilot Mentor-Protege Ohio; comments due by 2- The items in this list were Boeing; published 1-6-05 Program; Open for 18-05; published 1-19-05 editorially compiled as an aid Gulfstream Aerospace LP; comments until further [FR 05-01032] to Federal Register users. published 1-6-05 notice; published 12-15-04 Environmental statements; Inclusion or exclusion from [FR 04-27351] availability, etc.: this list has no legal Task and delivery order Coastal nonpoint pollution significance. COMMENTS DUE NEXT contracts; contract period; control program— WEEK comments due by 2-14- Minnesota and Texas; 05; published 12-15-04 Open for comments RULES GOING INTO AGRICULTURE [FR 04-27346] until further notice; EFFECT FEBRUARY 10, DEPARTMENT EDUCATION DEPARTMENT published 10-16-03 [FR 2005 Agricultural Marketing Elementary and secondary 03-26087] Service education: Water pollution control: AGRICULTURE Cotton classing, testing and Troops-to-Teachers National Pollutant Discharge DEPARTMENT standards: Program; selection criteria; Elimination System— Agricultural Marketing Classification services to comments due by 2-14- Concentrated animal Service growers; 2004 user fees; 05; published 1-14-05 [FR feeding operations in Beef promotion and research; Open for comments until 05-00861] New Mexico and further notice; published published 2-10-05 ENERGY DEPARTMENT Oklahoma; general 5-28-04 [FR 04-12138] permit for discharges; AGRICULTURE Meetings: DEPARTMENT Pears (winter) grown in— Open for comments Environmental Management Oregon and Washington; until further notice; Energy Office, Agriculture Site-Specific Advisory comments due by 2-14- published 12-7-04 [FR Department Board— Farm Security and Rural 05; published 1-13-05 [FR 04-26817] Oak Ridge Reservation, Investment Act of 2002: 05-00579] National Pollutant Discharge TN; Open for comments Elimination System Biobased products; AGRICULTURE until further notice; designation guidance for DEPARTMENT (NPDES)— published 11-19-04 [FR Storm water discharges federal procurement; Agricultural Research 04-25693] for oil and gas published 1-11-05 Service ENERGY DEPARTMENT construction activity COMMERCE DEPARTMENT National Arboretum; conduct Energy Efficiency and disturbing 1 to 5 acres rules and fee schedule; National Oceanic and Renewable Energy Office of land; postponement; Atmospheric Administration comments due by 2-18-05; Commercial and industrial comments due by 2-17- Fishery conservation and published 12-20-04 [FR 04- equipment; energy efficiency 05; published 1-18-05 management: 27394] program: [FR 05-00930] West Coast States and COMMERCE DEPARTMENT Test procedures and Water pollution; effluent Western Pacific National Oceanic and efficiency standards— guidelines for point source fisheries— Atmospheric Administration categories: Commercial packaged Highly migratory species; Endangered and threatened boilers; Open for Meat and poultry products published 2-10-05 species: comments until further processing facilities; Open ENVIRONMENTAL Critical habitat notice; published 10-21- for comments until further PROTECTION AGENCY designations— 04 [FR 04-17730] notice; published 9-8-04 Air quality implementation [FR 04-12017] Pacific salmon and ENERGY DEPARTMENT plans; approval and steelhead; comments FEDERAL promulgation; various due by 2-14-05; Federal Energy Regulatory COMMUNICATIONS States: published 12-14-04 [FR Commission COMMISSION West Virginia; published 2- 04-26682] Electric rate and corporate Common carrier services: 10-05 Fishery conservation and regulation filings: Interconnection— Pesticides; emergency management: Virginia Electric & Power Incumbent local exchange exemptions, etc. Northeastern United States Co. et al.; Open for carriers unbounding Removal of expired time- fisheries— comments until further obligations; local notice; published 10-1-03 limited tolerances for Monkfish; comments due competition provisions; [FR 03-24818] emergency exemptions; by 2-14-05; published wireline services published 2-10-05 1-14-05 [FR 05-00755] Natural gas companies offering advanced (Natural Gas Act): HOMELAND SECURITY COURT SERVICES AND telecommunications DEPARTMENT OFFENDER SUPERVISION Interstate natural gas capability; Open for Coast Guard AGENCY FOR THE pipelines; business comments until further practices standards; notice; published 12-29- Drawbridge operations: DISTRICT OF COLUMBIA comments due by 2-18- 04 [FR 04-28531] Texas; published 1-28-05 Semi-annual agenda; Open for 05; published 1-4-05 [FR comments until further FEDERAL TRADE INTERIOR DEPARTMENT 05-00017] COMMISSION Fish and Wildlife Service notice; published 12-22-03 [FR 03-25121] ENVIRONMENTAL Children’s online privacy Endangered and threatened PROTECTION AGENCY protection rule; personal DEFENSE DEPARTMENT species: Air pollutants, hazardous; information collection, use, Army Department Critical habitat national emission standards: or disclosure; parental designations— Law enforcement and criminal Leather finishing operations; consent; comments due by investigations: Colorado butterfly plant; comments due by 2-17- 2-14-05; published 1-14-05 published 1-11-05 Military police investigations; 05; published 2-7-05 [FR [FR 05-00877] TRANSPORTATION comments due by 2-14- 05-02304] GOVERNMENT 05; published 12-16-04 DEPARTMENT Air quality implementation ACCOUNTABILITY OFFICE [FR 04-27569] Federal Aviation plans; approval and Practice and procedure: Administration DEFENSE DEPARTMENT promulgation; various Bid protest regulations; Airworthiness directives: Acquisition regulations: States: comments due by 2-18-
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05; published 12-20-04 INTERIOR DEPARTMENT published 2-17-04 [FR 04- by 2-14-05; published [FR 04-27615] Fish and Wildlife Service 03374] 12-15-04 [FR 04-27423] HEALTH AND HUMAN Endangered and threatened OFFICE OF UNITED STATES TREASURY DEPARTMENT SERVICES DEPARTMENT species permit applications TRADE REPRESENTATIVE Internal Revenue Service Food and Drug Recovery plans— Trade Representative, Office Employment taxes and Administration Paiute cutthroat trout; of United States collection of income taxes at Reports and guidance Open for comments Generalized System of source: documents; availability, etc.: until further notice; Preferences: Tax-sheltered annuity Evaluating safety of published 9-10-04 [FR 2003 Annual Product contracts; comments due antimicrobial new animal 04-20517] Review, 2002 Annual by 2-14-05; published 11- drugs with regard to their Endangered and threatened Country Practices Review, 16-04 [FR 04-25237] microbiological effects on species: and previously deferred TREASURY DEPARTMENT bacteria of human health Critical habitat product decisions; United States Mint concern; Open for designations— petitions disposition; Open Operations and procedures: comments until further for comments until further Coachella Valley milk- Misuse of words, letters, notice; published 10-27-03 vetch; comments due notice; published 7-6-04 [FR 03-27113] [FR 04-15361] symbols, or emblems of by 2-14-05; published United States; civil Medical devices— 12-14-04 [FR 04-26690] TRANSPORTATION penalties assessment; Dental noble metal alloys Western snowy plover; DEPARTMENT comments due by 2-18- and base metal alloys; Pacific Coast Federal Aviation 05; published 1-12-05 [FR Class II special population; comments Administration 05-00543] controls; Open for due by 2-15-05; Airworthiness directives: TREASURY DEPARTMENT comments until further published 12-17-04 [FR notice; published 8-23- 04-26877] Airbus; comments due by 2- Terrorism Risk Insurance 18-05; published 1-19-05 Program: 04 [FR 04-19179] Migratory bird hunting: [FR 05-00993] Additional claims issues; HOMELAND SECURITY Alaska; spring/summer BAE Systems (Operations) insurer affiliations; DEPARTMENT migratory bird subsistence Ltd.; comments due by 2- comments due by 2-17- harvest; comments due by Coast Guard 18-05; published 1-19-05 05; published 1-18-05 [FR 2-18-05; published 12-20- Anchorage regulations: [FR 05-00994] 05-00925] 04 [FR 04-27776] Maryland; Open for Boeing; comments due by comments until further NATIONAL CRIME 2-17-05; published 1-3-05 notice; published 1-14-04 PREVENTION AND PRIVACY [FR 04-28667] LIST OF PUBLIC LAWS COMPACT COUNCIL [FR 04-00749] Bombardier; comments due This is the first in a continuing Drawbridge operations: Noncriminal justice by 2-18-05; published 12- administrative functions; list of public bills from the Massachusetts; comments 20-04 [FR 04-27507] outsourcing procedures; current session of Congress due by 2-14-05; published comments due by 2-14-05; Airworthiness standards: which have become Federal 12-15-04 [FR 04-27472] published 12-16-04 [FR 04- Special conditions— laws. It may be used in New Jersey; comments due 27488] AMSAFE, Inc.; Mooney conjunction with ‘‘PLUS’’ by 2-15-05; published 12- INTERIOR DEPARTMENT Model M20K, M20M, (Public Laws Update Service) 17-04 [FR 04-27675] on 202–741–6043. This list is National Indian Gaming M20R, and M20S New York; comments due also available online at http:// Commission airplanes; comments by 2-14-05; published 12- due by 2-18-05; www.archives.gov/ Management contract 15-04 [FR 04-27470] published 1-19-05 [FR federal—register/public—laws/ provisions: Virginia; comments due by 05-00973] public—laws.html. Minimum internal control 2-14-05; published 12-30- Class E airspace; comments standards; comments due A cumulative List of Public 04 [FR 04-28548] due by 2-14-05; published by 2-18-05; published 1- Laws for the second session 12-30-04 [FR 04-28555] HOUSING AND URBAN 11-05 [FR 05-00448] of the 108th Congress will DEVELOPMENT TRANSPORTATION appear in the issue of January NUCLEAR REGULATORY DEPARTMENT DEPARTMENT 31, 2005. COMMISSION FHA programs; introduction: The text of laws is not Environmental statements; National Highway Traffic published in the Federal Multifamily accelerated availability, etc.: Safety Administration processing; lender quality Register but may be ordered Fort Wayne State Motor vehicle safety assurance enforcement; standards: in ‘‘slip law’’ (individual Developmental Center; pamphlet) form from the comments due by 2-15- Occupant crash protection— 05; published 12-17-04 Open for comments until Superintendent of Documents, [FR 04-27535] further notice; published Door locks and retention U.S. Government Printing 5-10-04 [FR 04-10516] components and side Office, Washington, DC 20402 Mortgage and loan insurance impact protection; programs: SECURITIES AND (phone, 202–512–1808). The EXCHANGE COMMISSION comments due by 2-14- text will also be made Federal Housing 05; published 12-15-04 available on the Internet from Administration Credit Securities: [FR 04-27215] GPO Access at http:// Watch Termination Securities offerings TRANSPORTATION www.gpoaccess.gov/plaws/ Initiative; revisions; (Regulation M); anti- DEPARTMENT index.html. Some laws may comments due by 2-15- manipulation rules; not yet be available. 05; published 12-17-04 comments due by 2-15- Research and Special 05; published 12-17-04 Programs Administration [FR 04-27536] H.R. 241/P.L. 109-1 [FR 04-27434] Public and Indian housing: Hazardous materials: To accelerate the income tax Demolition or disposition of SMALL BUSINESS Transportation— benefits for charitable cash public housing projects; ADMINISTRATION Primary lithium batteries contributions for the relief of comments due by 2-14- Disaster loan areas: and cells; prohibition victims of the Indian Ocean 05; published 12-15-04 Maine; Open for comments aboard passenger tsunami. (Jan. 7, 2005; 119 [FR 04-27206] until further notice; aircraft; comments due Stat. 3)
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