11–18–04 Thursday Vol. 69 No. 222 Nov. 18, 2004

Pages 67501–67632

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i II Federal Register / Vol. 69, No. 222 / Thursday, November 18, 2004

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Contents Federal Register Vol. 69, No. 222

Thursday, November 18, 2004

Agricultural Research Service NOTICES NOTICES Commodity Exchange Act: Patent licenses; non-exclusive, exclusive, or partially Contract market and registered futures association; rule exclusive: enforcement programs reviews; fees schedule, 67543– Eka Chemicals, Inc., 67532 67544 Meetings; Sunshine Act, 67544–67545 Agriculture Department See Agricultural Research Service Consumer Product Safety Commission See Animal and Plant Health Inspection Service NOTICES See Foreign Agricultural Service Meetings; Sunshine Act, 67545 See Forest Service Corporation for National and Community Service Air Force Department NOTICES Agency information collection activities; proposals, NOTICES Privacy Act: submissions, and approvals, 67545–67546 Systems of records, 67549–67551 Defense Department See Air Force Department Animal and Plant Health Inspection Service See Army Department RULES See Defense Logistics Agency Interstate transportation of animals and animal products See Navy Department (quarantine): NOTICES Brucellosis in swine— Meetings: Validated brucellosis-free States; list additions, 67501– Defense Intelligence Agency Joint Military Intelligence 67503 College Board of Visitors, 67546 NOTICES National Geospatial-Intelligence Agency: Environmental statements; notice of intent: Aeronautical information publications; removal from Nonregulated status determinations— public sale and distribution, 67546–67547 Monsanto Co. et al; genetically engineered Privacy Act: glyphosphate-tolerant creeping bentgrass, 67532– Systems of records, 67547–67548 67533 Defense Financing and Accounting Service, 67548– 67549 Army Department NOTICES Defense Logistics Agency Privacy Act: NOTICES Systems of records, 67551–67552 Privacy Act: Systems of records, 67552–67553 Centers for Disease Control and Prevention NOTICES Employment and Training Administration Meetings: NOTICES National Center for Environmental Health/ Agency for Agency information collection activities; proposals, Toxic Substances and Disease Registry— submissions, and approvals, 67608 Scientific Counselors Board; correction, 67582 National Institute for Occupational Safety and Health— Energy Department Respiratory protection against chemical, biological, See Federal Energy Regulatory Commission radiological, and nuclear agents; powered air- purifying respirator standards, 67582–67583 Environmental Protection Agency Public Health Service Activities and Research at DOE NOTICES Sites Citizens Advisory Committee, 67583–67584 Agency information collection activities; proposals, Reports and guidance documents; availability, etc.: submissions, and approvals, 67574–67578 National Center for Health Statistics; Research Data Air pollution control: Center use; operational procedures and costs, 67584– Federal operating permit approvals— 67592 Navajo Nation Environmental Protection Agency, 67578–67579 Commerce Department State operating permits programs— See National Oceanic and Atmospheric Administration Georgia, 67579 Meetings: Commodity Futures Trading Commission Science Advisory Board, 67579–67580 RULES Confidential information and commission records and Executive Office of the President information, 67503–67508 See Presidential Documents

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Federal Accounting Standards Advisory Board Traffic control systems; discontinuance or modification: NOTICES Canadian National Railroad, 67619–67620 Reports and guidance documents; availability, etc.: Central Oregon and Pacific Railroad, 67620–67621 Inter-entity cost implementation; amending SFFAS 4, CSX Transportation, Inc., 67621 managerial cost accounting standards and concepts, etc. Federal Reserve System Public hearing, 67580 NOTICES Banks and bank holding companies: Federal Aviation Administration Formations, acquisitions, and mergers, 67580–67581 NOTICES Permissible nonbanking activities, 67581 Committees; establishment, renewal, termination, etc.: Commercial Space Transportation Advisory Committee, 67618 Federal Trade Commission NOTICES Federal Energy Regulatory Commission Meetings: NOTICES Peer-to-peer file sharing technology: consumer protection Complaints filed: and competition issues; workshop, 67581–67582 Tenaska Frontiers Partners, Ltd., 67566 Electric rate and corporate regulation filings, 67566–67570 Federal Transit Administration Environmental statements; availability, etc.: NOTICES Grand River Dam Authority, 67570 Environmental statements; notice of intent: Sabine Pass LNG, L.P., et al., 67570–67571 Maui, HI; Lahaina Small Boat Harbor ferry pier, 67622– Hydroelectric applications, 67571–67572 67624 Meetings: Golden Pass LNG Terminal, L.P., et al.; technical Fish and Wildlife Service conference, 67572 NOTICES Market-based rates for public utilities; technical Endangered and threatened species: conference, 67573 Recovery plans— Northwest Pipeline Corp.; technical conference, 67573 California and Southern Oregon vernal pool Off-the-record communications, 67573–67574 ecosystems, 67601–67602 Applications, hearings, determinations, etc.: Tidewater goby, 67602 ANR Pipeline Co., 67554–67555 Appalachian Power Co., 67555 CenterPoint Energy Gas Transmission Co., 67556 Food and Drug Administration CenterPoint Energy-Mississippi River Transmission Corp., PROPOSED RULES 67555–67556 Food for human consumption: Columbia Gas Transmission Corp., 67556–67557 Food labeling— Dominion Cove Point LNG, LP, 67557 Nutrient content claims; general principles, 67513– Dominion Transmission, Inc., 67557 67514 NOTICES Eastern Shore Natural Gas Co., 67557–67558 Meetings: El Paso Natural Gas Co., 67558 Oncological Drugs Advisory Committee, 67592 Gas Transmission Northwest Corp., 67559 Georgia Power Co., 67559–67560 Granite State Gas Transmission, Inc., 67560 Foreign Agricultural Service Gulf South Pipeline Co., LP, 67560–67561 NOTICES Maritimes & Northeast Pipeline, L.L.C., 67561 Trade adjustment assistance; applications, petitions, etc.: Mirant Bowline, LLC, 67561–67562 Louisiana Shrimp Association, 67533 Sabine River Authority of Texas et al., 67562 South Carolina Shrimpers’ Association and South Shell Gas Transmission, LLC, 67562–67563 Carolina Growers Association, 67533 Southern Natural Gas Co., 67563 Trailblazer Pipeline Co., 67564 Forest Service Transcontinental Gas Pipe Line Corp., 67564–67565 NOTICES Williston Basin Interstate Pipeline Co., 67565 Meetings: Wisconsin Valley Improvement Co., 67565–67566 Resource Advisory Committees— Tehama County, 67534 Federal Highway Administration NOTICES Health and Human Services Department Environmental statements; notice of intent: See Centers for Disease Control and Prevention Woodbury County, IA, 67618–67619 See Food and Drug Administration Federal Mine Safety and Health Review Commission See National Institutes of Health NOTICES See Substance Abuse and Mental Health Services Meetings; Sunshine Act, 67580 Administration

Federal Railroad Administration Interior Department NOTICES See Fish and Wildlife Service Exemption petitions, etc.: See Land Management Bureau Valley Railroad Co., 67619 See Reclamation Bureau

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Justice Department National Oceanic and Atmospheric Administration NOTICES RULES Pollution control; consent judgments: Fishery conservation and management: Atlantic Richfield Co., 67606–67607 West Coast States and Western Pacific fisheries— Atlantic Richfield Co. et al., 67607 West Coast salmon, 67508–67512 Esso Standard Oil Co. S.A. Ltd., 67607–67608 PROPOSED RULES Fishery conservation and management: Labor Department Northeastern United States fisheries— See Employment and Training Administration Atlantic surfclams, ocean quahogs, and Maine See Labor Statistics Bureau mahogany ocean quahogs, 67528–67531 See Occupational Safety and Health Administration NOTICES Coastal zone management programs and estuarine Labor Statistics Bureau sanctuaries: NOTICES State programs— Meetings: Intent to evaluate performance, 67534 Federal Economic Statistics Advisory Committee, 67608– Committees; establishment, renewal, termination, etc.: 67609 Channel Islands National Marine Sanctuary Advisory Council, 67535 Land Management Bureau Florida Keys National Marine Sanctuary Advisory NOTICES Council, 67535 Closure of public lands: Environmental statements; notice of intent: Colorado, 67603 Taking and importing— Resource management plans, etc.: Gulf of Mexico; taking marine mammals incidental to Carlsbad and Roswell Field Offices, NM, 67603–67604 conducting oil and gas exploration activities, Little Snake Field Office, CO, 67604–67606 67535–67539 Meetings: Millennium Challenge Corporation New England Fishery Management Council, 67539 NOTICES North Pacific Fishery Management Council, 67539–67540 Reports and guidance documents; availability, etc.: Permits: Millennium Challenge Account assistance; eligible Exempted fishing, 67540–67541 countries; list, 67609–67610 Scientific research, 67541 Reports and guidance documents; availability, etc.: Mine Safety and Health Federal Review Commission Stock assessment reports, 67541–67543 See Federal Mine Safety and Health Review Commission Navy Department NOTICES National Aeronautics and Space Administration Inventions, Government-owned; availability for licensing, NOTICES 67553–67554 Committees; establishment, renewal, termination, etc.: Robotic and Human Exploration of Mars Strategic Nuclear Regulatory Commission Roadmapping Committee, 67610–67611 NOTICES Environmental statements; availability, etc.: National Archives and Records Administration Entergy Nuclear Vermont Yankee, LLC and Entergy NOTICES Nuclear Operations, Inc., 67612–67613 Agency information collection activities; proposals, Ponce School of Medicine, PR, 67613 submissions, and approvals, 67611 Applications, hearings, determinations, etc.: Carolina Power & Light Co., 67611 National Institutes of Health NOTICES Occupational Safety and Health Administration Meetings: NOTICES Advisory Committee to Director, 67592–67593 Meetings: National Heart, Lung, and Blood Institute, 67593 Occupational Safety and Health National Advisory National Institute of Arthritis and Musculoskeletal and Committee, 67609 Skin Diseases, 67593–67594 National Institute of Child Health and Human Postal Rate Commission Development, 67595–67596 PROPOSED RULES National Institute of Diabetes and Digestive and Kidney Practice and procedure: Diseases, 67594, 67597 Postal service; definition, 67514–67528 National Institute of Environmental Health Sciences, 67596–67597 Postal Service National Institute of Mental Health, 67595 RULES National Institute of Neurological Disorders and Stroke, Postage meters: 67594–67595 Manufacture and distribution; authorization, 67508 National Institute on Aging, 67594 National Institute on Deafness and Other Communication Presidential Documents Disorders, 67596 PROCLAMATIONS Recombinant DNA Advisory Committee, 67597 Special observances: Scientific Review Center, 67597–67599 America Recycles Day (Proc. 7846), 67629–67631

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Reclamation Bureau Transportation Department NOTICES See Federal Aviation Administration Meetings: See Federal Highway Administration California Bay-Delta Public Advisory Committee, 67606 See Federal Railroad Administration See Federal Transit Administration Securities and Exchange Commission See Surface Transportation Board NOTICES Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 67614–67615 Treasury Department Chicago Stock Exchange, Inc., 67615–67617 NOTICES Agency information collection activities; proposals, State Department submissions, and approvals, 67625–67626 NOTICES Meetings: Veterans Affairs Department International Telecommunication Advisory Committee, NOTICES 67617 Agency information collection activities; proposals, Missile technology proliferation activities; sanctions: submissions, and approvals, 67626–67627 Russian entity; terminated, 67617 Nonproliferation measures imposition: Russian entity, 67617–67618 Separate Parts In This Issue Substance Abuse and Mental Health Services Administration NOTICES Part II Agency information collection activities; proposals, Executive Office of the President, Presidential Documents, submissions, and approvals, 67599–67600 67629–67631 Organization, functions, and authority delegations: Office of Program Services and Division of Operational Support, 67600–67601 Reader Aids Surface Transportation Board Consult the Reader Aids section at the end of this issue for NOTICES phone numbers, online resources, finding aids, reminders, Motor carriers: and notice of recently enacted public laws. Control applications— Franciscan Lines, 67624 To subscribe to the Federal Register Table of Contents Rail carriers: LISTSERV electronic mailing list, go to http:// Waybill data; release for use, 67625 listserv.access.gpo.gov and select Online mailing list Railroad services abandonment: archives, FEDREGTOC-L, Join or leave the list (or change Norfolk Southern Railway Co., 67625 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: 7846...... 67631 9 CFR 78...... 67501 17 CFR 40...... 67503 41...... 67503 145...... 67503 21 CFR Proposed Rules: 101...... 67513 39 CFR 501...... 67508 Proposed Rules: 3001...... 67514 50 CFR 660 (3 documents) ...... 67508, 67509, 67510 Proposed Rules: 648...... 67528

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Rules and Regulations Federal Register Vol. 69, No. 222

Thursday, November 18, 2004

This section of the FEDERAL REGISTER Open APHIS Dockets’’ link to locate this principal animal hosts, it causes loss of contains regulatory documents having general document. young through spontaneous abortion or applicability and legal effect, most of which • Postal Mail/Commercial Delivery: birth of weak offspring, reduced milk are keyed to and codified in the Code of Please send four copies of your production, and infertility. There is no Federal Regulations, which is published under comment (an original and three copies) economically feasible treatment for 50 titles pursuant to 44 U.S.C. 1510. to Docket No. 04–103–1, Regulatory brucellosis in livestock. In humans, The Code of Federal Regulations is sold by Analysis and Development, PPD, brucellosis initially causes flu-like the Superintendent of Documents. Prices of APHIS, Station 3C71, 4700 River Road symptoms, but the disease may develop new books are listed in the first FEDERAL Unit 118, Riverdale, MD 20737–1238. into a variety of chronic conditions, REGISTER issue of each week. Please state that your comment refers to including arthritis. Humans can be Docket No. 04–103–1. treated for brucellosis with antibiotics. • E-mail: Address your comment to The brucellosis regulations in 9 CFR DEPARTMENT OF AGRICULTURE [email protected]. Your part 78 (referred to below as the comment must be contained in the body regulations) contain specific provisions Animal and Plant Health Inspection of your message; do not send attached for cattle, bison, and swine. Under the Service files. Please include your name and regulations, States, herds, and address in your message and ‘‘Docket individual animals are classified 9 CFR Part 78 No. 04–103–1’’ on the subject line. according to their brucellosis status. • [Docket No. 04–103–1] Agency Web site: Go to http:// Interstate movement requirements for www.aphis.usda.gov/ppd/rad/ animals are based upon the disease Brucellosis in Swine; Add Arkansas, cominst.html for a form you can use to status of the individual animals or the Louisiana, and Michigan to List of submit an e-mail comment through the herd or State from which the animal Validated Brucellosis-Free States APHIS Web site. originates. • Federal eRulemaking Portal: Go to We are amending § 78.43 of the AGENCY: Animal and Plant Health http://www.regulations.gov and follow regulations, which lists validated swine Inspection Service, USDA. the instructions for locating this docket brucellosis-free States, to include ACTION: Interim rule and request for and submitting comments. Arkansas, Louisiana, and Michigan. A comments. Reading Room: You may read any State may apply for validated comments that we receive on this brucellosis-free status when: (1) Any SUMMARY: We are amending the docket in our reading room. The reading herd found to have swine brucellosis brucellosis regulations concerning the room is located in room 1141 of the during the 2-year qualification period interstate movement of swine by adding USDA South Building, 14th Street and preceding the application has been Arkansas, Louisiana, and Michigan to Independence Avenue, SW., depopulated. More than one finding of the list of validated brucellosis-free Washington, DC. Normal reading room a swine brucellosis-infected herd during States. We have determined that hours are 8 a.m. to 4:30 p.m., Monday the qualification period disqualifies the Louisiana and Arkansas meet the through Friday, except holidays. To be State from validation as brucellosis-free; criteria for classification as validated sure someone is there to help you, and (2) during the 2-year qualification brucellosis-free States. We are also please call (202) 690–2817 before period, the State has completed adding Michigan to the list of validated coming. surveillance, annually, by either brucellosis-free States as it is currently Other Information: You may view complete herd testing, market swine considered a validated brucellosis-free APHIS documents published in the testing, or statistical analysis. State, but was inadvertently omitted Federal Register and related Breeding swine originating from a from the list. This action relieves certain information, including the names of validated brucellosis-free State or herd restrictions on the interstate movement groups and individuals who have may be moved interstate without having of breeding swine from Arkansas and commented on APHIS dockets, on the been tested with an official test for Louisiana and confirms Michigan’s Internet at http://www.aphis.usda.gov/ brucellosis within 30 days prior to current status as a validated brucellosis- ppd/rad/webrepor.html. interstate movement, which would free State. FOR FURTHER INFORMATION CONTACT: Dr. otherwise be required. DATES: This interim rule is effective on John Korslund, Staff Veterinarian After reviewing their brucellosis November 18, 2004. We will consider (Swine Health), Eradication and program records, we have concluded all comments that we receive on or Surveillance Team, National Center for that Arkansas and Louisiana meet the before January 18, 2005. Animal Health Programs, VS, APHIS, criteria for classification as validated ADDRESSES: You may submit comments 4700 River Road Unit 43, Riverdale, MD brucellosis-free States. Therefore, we are by any of the following methods: 20737–1231; (301) 734–5914. adding Arkansas and Louisiana to the • EDOCKET: Go to http:// SUPPLEMENTARY INFORMATION: list of validated brucellosis-free States www.epa.gov/feddocket to submit or in § 78.43. This action relieves certain view public comments, access the index Background restrictions on the interstate movement listing of the contents of the official Brucellosis is a contagious disease of breeding swine from Louisiana and public docket, and to access those caused by bacteria of the genus Brucella. Arkansas. documents in the public docket that are The disease mainly affects cattle, bison, We are also adding Michigan to the available electronically. Once you have and swine, but goats, sheep, horses, and list of validated brucellosis-free States. entered EDOCKET, click on the ‘‘View even humans are susceptible. In its In practice, Michigan is already being

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treated as a validated brucellosis-free Louisiana, with a total of 20,000 swine. Arkansas, Louisiana, and Michigan as State, as that State was previously The average value per head of swine in validated brucellosis-free States. The determined to meet the criteria for Louisiana was $71 with a reported cash change in the status of Arkansas and classification as a validated brucellosis- value of approximately $1.42 million. Louisiana would lead to cost savings to free State. However, following that Arkansas and Louisiana, combined, the breeding segment of swine determination, we inadvertently account for less than 1 percent of the production ranging from 3.6 to 7.2 neglected to add Michigan to the list in total value of hogs and pigs produced in percent of the value of the breeding herd § 78.43. We are therefore correcting this the United States. The small business if all breeding swine were to be moved omission by adding Michigan to the list size standards for hogs and pigs, as interstate. APHIS does not expect cost of validated brucellosis-free States. identified by the Small Business savings of this magnitude to have a Administration using North American Immediate Action significant economic impact on affected Industry Classification System codes, is small entity producers. The interim rule Immediate action is warranted to $750,000 or less in annual receipts. It is will have no effect on Michigan, as it remove restrictions that are no longer estimated that 74 percent of the hog and has already been operating as a necessary on the interstate movement of pig operations in Arkansas and nearly validated brucellosis-free State. This swine from Louisiana and Arkansas, as 100 percent of the hog and pig rule will not result in any additional well as to confirm Michigan’s current operations in Louisiana are small costs for affected small entities. status as a validated brucellosis-free businesses. Under these circumstances, the State. Under these circumstances, the This interim rule will grant swine Administrator of the Animal and Plant Administrator has determined that prior producers in Arkansas and Louisiana Health Inspection Service has notice and opportunity for public validated brucellosis-free status. The determined that this action will not comment are contrary to the public rule will benefit breeding stock owners have a significant economic impact on interest and that there is good cause who will no longer have to incur the a substantial number of small entities. under 5 U.S.C. 553 for making this cost of brucellosis testing on sows and action effective less than 30 days after other breeding stock. The estimated cost Executive Order 12372 publication in the Federal Register. of brucellosis testing ranges from $7.50 This program/activity is listed in the We will consider comments we to $15 per animal, which includes Catalog of Federal Domestic Assistance receive during the comment period for veterinary and handling fees. Breeding under No. 10.025 and is subject to this interim rule (see DATES above). stock was estimated at 79,079 swine and Executive Order 12372, which requires After the comment period closes, we 4,062 swine for Arkansas and Louisiana, intergovernmental consultation with will publish another document in the respectively. It is estimated that the State and local officials. (See 7 CFR part Federal Register. The document will proportion of hogs and pigs used or to 3015, subpart V.) include a discussion of any comments be used for breeding by small entities is we receive and any amendments we are approximately 57.8 percent and 100 Executive Order 12988 making to the rule. percent of the total breeding stock in This rule has been reviewed under Arkansas and Louisiana, respectively. Executive Order 12866 and Regulatory Executive Order 12988, Civil Justice The estimated number of hogs and pigs Flexibility Act Reform. This rule: (1) Preempts all State used or to be used for breeding purposes and local laws and regulations that are This rule has been reviewed under by small entities in Arkansas is 45,708 in conflict with this rule; (2) has no Executive Order 12866. For this action, swine; the total cost savings for small retroactive effect; and (3) does not the Office of Management and Budget entities in Arkansas would range from require administrative proceedings has waived its review under Executive $342,810 to $685,620 if all those swine before parties may file suit in court Order 12866. were to be moved interstate. The challenging this rule. We are amending the brucellosis estimated number of hogs and pigs used regulations concerning the interstate or to be used for breeding purposes by Paperwork Reduction Act movement of swine by adding Arkansas, small entities in Louisiana is 4,062 This interim rule contains no Louisiana, and Michigan to the list of swine; the total cost savings for small information collection or recordkeeping validated brucellosis-free States. As of entities in Louisiana would range from requirements under the Paperwork January 1, 2004, 45 States, plus Puerto $30,465 to $60,930 if all those swine Reduction Act of 1995 (44 U.S.C. 3501 Rico and the U.S. Virgin Islands, were were to be moved interstate. et seq.). classified as validated brucellosis-free As of October 2004, the national States. The States of Arkansas and average value of a sow was $207 per List of Subjects in 9 CFR Part 78 Louisiana have been classified as Stage head. Thus, cost savings associated with Animal diseases, Bison, Cattle, Hogs, II States, but now meet the requirements suspending brucellosis testing for Quarantine, Reporting and for being listed as Stage III (validated breeding swine to be moved interstate recordkeeping requirements, brucellosis-free) States. Michigan is from Arkansas and Louisiana is roughly Transportation. already considered a validated between 3.6 and 7.2 percent of the value I Accordingly, we are amending 9 CFR brucellosis-free State, but was of the animal. part 78 as follows: inadvertently omitted from the list of Arkansas and Louisiana have been validated brucellosis-free States in the classified as Stage II States requiring PART 78—BRUCELLOSIS regulations. annual testing of the breeding stock in In 2003, there were approximately its swine operations. However, Arkansas I 1. The authority citation for part 78 1,000 hog and pig operations in and Louisiana have met the continues to read as follows: Arkansas, with a total of 310,000 swine. requirements to be listed as validated Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22, The average value per head of swine in brucellosis-free States. Michigan, 2.80, and 371.4. Arkansas was $64 with a reported cash currently considered a validated value of approximately $19.8 million. In brucellosis-free State, is currently not § 78.43 [Amended] the same year, there were approximately listed in the regulations due to an I 2. Section 78.43 is amended by adding, 580 hog and pig operations in oversight. This interim rule reclassifies in alphabetical order, the words,

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‘‘Arkansas,’’ ‘‘Louisiana,’’ and I. Background necessary to separately list this ‘‘Michigan,’’. information in § 40.8(a). A. Public Availability of Applications Done in Washington, DC, this 12th day of Submitted by DTEFs, DCOs, and DCMs Second, both exchanges assert that November 2004. information concerning outsourcing On July 28, 2004, the Commission Elizabeth E. Gaston, arrangements upon which the applicant requested comment from the public tends to rely should be made public. Acting Administrator, Animal and Plant regarding its proposal to specify that the Health Inspection Service. The CME notes that to the extent that an following portions of DTEF, DCO, and applicant proposes to outsource any of [FR Doc. 04–25600 Filed 11–17–04; 8:45 am] DCM applications are publicly BILLING CODE 3410–34–P available:1 transmittal letter, proposed its operational, self-regulatory, or rules, the applicant’s regulatory clearing functions, the public cannot compliance chart, documents provide the Commission with useful establishing the applicant’s legal status comments regarding the applicant’s COMMODITY FUTURES TRADING (e.g., corporate charters), and documents proposed compliance with the COMMISSION setting forth the applicant’s governance Commodity Exchange Act’s core 2 principles or designation criteria unless 17 CFR Parts 40, 41, and 145 structure. The proposed change to § 40.8 addresses the absence in the the key provisions are made public. Again, the Commission recognizes the Confidential Information and Commission’s regulations of any importance of interested parties being Commission Records and Information guidance to applicants or the public about the availability of the able to comment on a proposed AGENCY: Commodity Futures Trading applications. application, but must balance this with Commission. In response to this proposal, the the intent of the applicant to protect ACTION: Final rules. Commission received comment letters commercially sensitive information. from the Chicago Mercantile Exchange Outsourcing arrangements often include SUMMARY: The Commodity Futures (‘‘CME’’) and the Chicago Board of compliance and surveillance techniques Trading Commission is amending its Trade (‘‘CBOT’’) (collectively, and the public release of this regulations to specify which portions of ‘‘exchanges’’). Both exchanges noted information could cause competitive an application for registration as a strong support for the rule proposal, but harm to the applicant. The Commission derivatives transaction execution requested that the Commission expand notes that § 40.8(a) is not intended to facility (DTEF) or derivatives clearing the proposal to make additional limit which applicant information will organization (DCO), or for designation information public as a matter of course. be released, but to specify the portions as a contract market (DCM), will be The Commission has carefully of an application that are automatically public. The amendments also considered the comments from the public and therefore would not be implement a procedure requiring exchanges and does not believe the granted confidential treatment under registered entities to submit a cover proposal should be expanded at this any circumstances. Therefore, even sheet for all rule submissions. time. First, the exchanges contend that though the Commission does not specify Additionally, the Commission is the Commission should ensure the outsourcing information in § 40.8(a), updating its regulations under the public has the opportunity to comment portions of this material in a redacted Freedom of Information Act (FOIA) to meaningfully on the salient operational form could still be made public if implement expedited processing and features of the proposed exchange, as requested under the Freedom of increased time limits; revise the well as any proposed plans that could Information Act. The Commission also schedule of fees for FOIA requests; and adversely impact market integrity, such notes that the rule states that any correct certain provisions concerning as payment for order flow or portion of the application not covered publicly available records. internalization plans. The CBOT also by a request for confidential treatment DATES: Effective December 20, 2004. believes that applicant plans to allow or will also be made public. The encourage trading off the centralized Commission is committed to providing ADDRESSES: You may submit comments market should be public. The transparency in the application process by any of the following methods: Commission understands the and will continue to evaluate whether • Federal eRulemaking Portal: http:// importance of interested parties being additional information should be www.regulations.gov. able to comment meaningfully on this included in § 40.8(a). • Mail/Hand Deliver: Jean A. Webb, information. The Commission notes that Secretary of the Commission, B. Appendix D—Submission Cover applicant plans regarding payment for Commodity Futures Trading order flow or internalization plans are Sheet and Instructions and Public Commission, Three Lafayette Centre, either submitted in the rules section of Availability of Rule Submissions 1155 21st Street, NW., Washington, DC the proposed application or may be part The Commission proposed to amend 20581. of the applicant’s future plans filed E-mail: [email protected]. the part 40 and 41 regulations requiring separately from the application. DTEFs, DCOs, and DTEFs to attach a FOR FURTHER INFORMATION CONTACT: Applicant plans for trading off the Commission-generated submission Eileen A. Donovan, Assistant Secretary centralized market are also submitted in cover sheet with all self-certified rules,3 to the Commission for FOIA Matters, the rules section of the proposal. Rules self-certified products,4 rules submitted (202) 418–5096, electronic mail: are defined in § 40.1 and are already for Commission approval,5 products [email protected], or David Steinberg, generally considered public submitted for Commission approval,6 Attorney Advisor, (202) 418–5102, information. Consequently, the notifications of rule amendments,7 and electronic mail: [email protected], Commission does not believe it is Office of the Secretariat, Commodity 3 Commission Regulations 40.6(a) and 41.24. Futures Trading Commission, Three 1 69 FR 44981. 4 Commission Regulations 40.2 and 41.23. 2 The rule proposal indicated that the identical Lafayette Centre, 1155 21st Street, NW., 5 sections of applications seeking designation or Commission Regulations 40.4(a) and 40.5. Washington, DC 20581. 6 registration as a DCM or DTEF under section 6(a) Commission Regulation 40.3. SUPPLEMENTARY INFORMATION: of the CEA would be publicly available. 7 Commission Regulation 40.6(c).

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non-material agricultural rule changes.8 and small commodity firms and because accomplish any of the purposes of the This cover sheet will assist Commission the changes will improve public access Act. staff in preparing and maintaining the to Commission records and information, The Commission published an accuracy of the submissions being the Commission does not expect the analysis of costs and benefits when it published on the Commission’s website. regulations to have a significant proposed the rule amendments that The Commission also proposed adding economic impact on a substantial have now been adopted.12 It did not appendix D to part 40 to include a copy number of small entities. receive any public comments pertaining of the submission cover sheet along In the proposed rules, the to the analysis. with step-by-step instructions for Commission solicited comment on List of Subjects completing and returning the form to whether the rules as proposed would the Commission. Although the have a significant impact on a 17 CFR Part 40 substantial number of small entities. Commission did not receive any public Commodity futures, Contract markets, comments regarding this proposal, the The Commission received no comments in response to this request. The Designation application, Reporting and Commission is amending the recordkeeping requirements. instructions in appendix D by adding an Commission hereby determines that the instruction to ensure that registered rules, as adopted herein, will not have 17 CFR Part 41 a significant impact on a substantial entities are fully aware that completing Security futures. and returning the cover sheet to the number of small entities. Therefore, the Commission does not obviate the Chairman, on behalf of the Commission, 17 CFR Part 145 responsibility to comply with the other hereby certifies, pursuant to 5 U.S.C. Freedom of information. filing requirements for the underlying 605(b), that the amendments will not I For the reasons stated in the preamble, rule or rule amendment. The have a significant impact on a the Commodity Futures Trading Commission has observed, during the substantial number of small entities. Commission amends 17 CFR parts 40, 41, past year of requesting the cover sheet, B. Paperwork Reduction Act and 145 as follows: that some rule submissions have not As required by the Paperwork been accompanied by all of the required Reduction Act of 1995,11 the PART 40—PROVISIONS COMMON TO components of the rule filing. Commission submitted a copy of the CONTRACT MARKETS, DERIVATIVES C. Freedom of Information Act proposed rule amendments to the Office TRANSACTION EXECUTION Amendments of Management and Budget for its FACILITIES AND DERIVATIVES CLEARING ORGANIZATIONS The Commission did not receive any review. The Commission did not receive comments regarding the proposed any public comments relative to its I 1. The authority for part 40 continues amendments to 17 CFR part 145. analysis of paperwork burdens to read as follows: associated with this rulemaking. Therefore, all of the proposed Authority: 7 U.S.C. 1a, 2, 5, 6, 6c, 7, 7a, amendments are being adopted in the C. Cost-Benefit Analysis 8 and 12a, as amended by appendix E of Pub. final rules. Section 15(a) of the Act, as amended L. 106–554, 114 Stat. 2763A–365. II. Related Matters by section 119 of the CFMA, requires I 2. Section 40.2 is revised to read as the Commission to consider the costs A. Regulatory Flexibility Act follows: and benefits of its action before issuing The Regulatory Flexibility Act (RFA), a new regulation under the Act. By its § 40.2 Listing products for trading by 5 U.S.C. 601 et seq. (2000), requires that terms, section 15(a) as amended does certification. agencies, in proposing regulations, not require the Commission to quantify To list a new product for trading, to consider the impact of those regulations the costs and benefits of a new list a product for trading that has on small entities. The regulations regulation or to determine whether the become dormant, or to accept for discussed herein would affect contract benefits of the regulation outweigh its clearing a product (not traded on a markets and other registered entities. costs. Rather, section 15(a) simply designated contract market or a The Commission has previously requires the Commission to ‘‘consider registered derivatives transaction established certain definitions of ‘‘small the costs and benefits’’ of its action. execution facility), a registered entity entities’’ to be used by the Commission Section 15(a) of the Act further must file with the Secretary of the in evaluating the impact of its specifies that costs and benefits shall be Commission at its Washington, DC, regulations in accordance with the evaluated in light of five broad areas of headquarters no later than the close of RFA.9 In its previous determinations, market and public concern: Protection business of the business day preceding the Commission has concluded that of market participants and the public; the product’s listing or acceptance for DCMs, DTEFs, and DCOs are not small efficiency, competitiveness, and clearing, either in electronic or hard entities for purposes of the RFA.10 financial integrity of futures markets; copy form, a copy of the submission The Commission has previously price discovery; sound risk management cover sheet in accordance with the determined, pursuant to 5 U.S.C. 605(b), practices; and other public interest instructions in appendix D to this part, that part 145 regulations do not have a considerations. Accordingly, the a copy of the product’s rules, including significant economic impact on a Commission could in its discretion give its terms and conditions, or the rules substantial number of small entities. greater weight to any one of the five establishing the terms and conditions of Because they do not impose regulatory enumerated areas and could in its products that make them acceptable for obligations on commodity professionals discretion determine that, clearing, and a certification by the notwithstanding its costs, a particular registered entity that the trading product 8 Commission Regulation 40.4(b). rule was necessary or appropriate to or other instrument, or the clearing of 9 47 FR 18618–18621 (Apr. 30, 1982). protect the public interest or to the trading product or other instrument, 10 47 FR 18618, 18619 (April 30, 1982) (discussing contract markets); 66 FR 42256, 42268 effectuate any of the provisions or to including any rules establishing the (August 10, 2001) (discussing DTEFs); 66 FR 45605, 45609 (August 29, 2001) (discussing DCOs). 11 Pub. L. 104–13 (May 13, 1995). 12 69 FR 44981 at 44984 (July 28, 2004).

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terms and conditions of products that to a request for confidential treatment Appendix D to Part 40—Submission make them acceptable for clearing, and support that request for confidential Cover Sheet and Instructions complies with the Act and regulations treatment with reasonable justification; A properly completed submission cover thereunder. and sheet must accompany all rule submissions I 3. Section 40.3 is amended by revising (viii) Include a copy of the submission submitted by a designated contract market, paragraphs (a)(4) and (a)(5) and by cover sheet in accordance with the registered derivatives clearing organization, adding paragraph (a)(6) to read as instructions in appendix D to this part. or registered derivatives transaction follows: execution facility and forwarded either in * * * * * hard copy form or electronically to the § 40.3 Voluntary submission of new I 5. Section 40.6 is amended by revising Secretary of the Commodity Futures Trading products for Commission review and paragraphs (a)(3)(iv) and (a)(3)(v) and Commission, Three Lafayette Centre, 1155 approval. 21st Street NW, Washington, DC 20581 or adding paragraph (a)(3)(vi) to read as electronically to [email protected] in a (a) * * * follows: (4) The submission identifies with format specified by the Secretary of the particularity information in the § 40.6 Self-certification of rules by Commission. Each submission should submission (except for the product’s designated contract markets and registered include the following: derivatives clearing organizations. 1. Identifier Code (optional)—If applicable, terms and conditions which are made the exchange or clearing organization publicly available at the time of (a) * * * Identifier Code at the top of the cover sheet. submission) that will be subject to a Such codes are commonly generated by the request for confidential treatment and (3) * * * exchanges or clearing organizations to supports that request for confidential (iv) A brief explanation of any provide an identifier that is unique to each treatment with reasonable justification; substantive opposing views not filing (e.g., NYMEX Submission 03–116). (5) The submission includes the fee incorporated into the rule; 2. Date—The date of the filing. required under appendix B to this part; 3. Organization—The name of the (v) A certification by the entity that organization filing the submission (e.g., and the rule complies with the Act and (6) The submission includes a copy of CBOT). regulations thereunder; and the submission cover sheet in 4. Filing as a—Check the appropriate box for a designated contract market (DCM), accordance with the instructions in (vi) A copy of the submission cover sheet in accordance with the derivatives clearing organization (DCO), or appendix D to this part. derivatives transaction execution facility * * * * * instructions in appendix D to this part. (DTEF). I 4. Section 40.5 is amended by revising * * * * * 5. Type of Filing—Indicate whether the filing is a rule amendment or new product paragraphs (a)(1)(vi) and (a)(1)(vii) and I 6. Section 40.8 is amended by by adding paragraph (a)(1)(viii) to read as and the applicable category under that redesignating the current paragraph as heading. follows: paragraph (b) and by adding new 6. Rule Numbers—For rule filings only, § 40.5 Voluntary submission of rules for paragraph (a) to read as follows: identify rule number(s) being adopted or Commission review and approval. modified in the case of rule amendment § 40.8 Availability of public information. filings. (a) * * * 7. Description—For rule or rule (1) * * * (a) The following sections of all applications to become a registered amendment filings only, enter a brief (vi) Identify any Commission description of the new rule or rule regulation that the Commission may entity will be public: transmittal letter, amendment. This narrative should describe need to amend, or sections of the Act or proposed rules, the applicant’s the substance of the submission with enough Commission regulations that the regulatory compliance chart, documents specificity to characterize all essential Commission may need to interpret in establishing the applicant’s legal status, aspects of the filing. order to approve the proposed rule. To documents setting forth the applicant’s 8. Other Requirements—Comply with all the extent that such an amendment or governance structure, and any other part filing requirements for the underlying interpretation is necessary to of the application not covered by a proposed rule or rule amendment. The filing request for confidential treatment. of the submission cover sheet does not accommodate a proposed rule, the obviate the responsibility to comply with any submission should include a reasoned * * * * * applicable filing requirement (e.g., rules analysis supporting the amendment to Appendix C to Part 40 [Added and submitted for Commission approval under the Commission regulation or the Reserved] § 40.5 must be accompanied by an interpretation; explanation of the purpose and effect of the (vii) Identify with particularity proposed rule along with a description of any I 6a. Appendix C to part 40 is added and information in the submission (except substantive opposing views). reserved. for a product’s terms and conditions, A sample of the required submission cover which are made publicly available at the I 7. Appendix D is added to read as sheet follows. time of submission) that will be subject follows: BILLING CODE 6351–01–P

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BILLING CODE 6351–01–C

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PART 41—SECURITY FUTURES 81 Stat. 54, Pub. L. 93–502, 88 Stat. 1561– I 14. Appendix A is amended by PRODUCTS 1564 (5 U.S.C. 552); Sec. 101(a), Pub. L. 93– revising paragraph (a)(2), the heading of 463, 88 Stat. 1389 (5 U.S.C. 4a(j)); unless paragraph (b), paragraphs (b)(2) and I 8. The authority citation for part 41 otherwise noted. (b)(3), and adding paragraph (b)(13) to continues to read as follows: I 12. Section 145.7 is amended by read as follows: Authority: Sections 206, 251 and 252, Pub. revising the first sentence of paragraph Appendix A to Part 145—Compilation L. 106–554, 114 Stat. 2763, 7 U.S.C. 1a, 2, 6f, (h)(3), by redesignating paragraph (j) as 6j, 7a–2, 12a; 15 U.S.C. 78g(c)(2). of Commission Records Available to the paragraph (i)(7), and by adding a new Public I 9. Section 41.23 is amended by paragraph (j) to read as follows: * * * * * revising paragraphs (a)(4) and (a)(5) and § 145.7 Requests for Commission records (a) * * * by adding paragraph (a)(6) to read as and copies thereof. (2) Weekly Advisory (solely available on follows: * * * * * the Commission’s Web site at http:// www.cftc.gov/cftc/cftcpressoffice.htm). § 41.23 Listing of security futures (h) * * * products for trading. (3) The Assistant Secretary, or his or * * * * * (b) Office of the Secretariat (Public reading (a) * * * her designee, will issue an initial determination with respect to a FOIA area with copying facilities available). *** (4) Includes a certification that the (2) Terms and conditions of proposed terms and conditions of the contract request within twenty business days after receipt by the Assistant Secretary. contracts. comply with the additional conditions (3) Registered entity filings relating to rules for trading of § 41.25; *** as defined in § 40.1 of this chapter, unless (5) If the board of trade is a designated * * * * * covered by a request for confidential contract market pursuant to section 5 of (j) Expedited processing. A request treatment. the Act or a registered derivatives may be given expedited processing if * * * * * transaction execution facility pursuant the requester demonstrates a compelling (13) Publicly available portions of to section 5a of the Act, it includes a need for the requested records. For applications to become a registered entity certification that the security futures purposes of this provision, the term including the transmittal letter, proposed ‘‘compelling need’’ means: That a rules, proposed bylaws, corporate product complies with the Act and rules documents, any overview or similar thereunder; and failure to obtain requested records on an expedited basis could reasonably be summary provided by the applicant, any (6) Includes a copy of the submission documents pertaining to the applicant’s legal cover sheet in accordance with the expected to pose an imminent threat to status and governance structure, including instructions in appendix D of part 40. the life or physical safety of an governance fitness information, and any * * * * * individual; or with respect to a request other part of the application not covered by made by a person primarily engaged in a request for confidential treatment. I 10. Section 41.24 is amended by disseminating information, urgency to revising paragraphs (a)(3) and (a)(4) and * * * * * inform the public concerning actual or by adding paragraph (a)(5) to read as I 15. Appendix B is amended by revising alleged federal government activity. A follows: paragraphs (a)(1), (a)(2), (a)(3), (a)(5), requester who seeks expedited (a)(6) and (b) to read as follows: § 41.24 Rule amendments to security processing must demonstrate a futures products. compelling need by submitting a Appendix B to Part 145—Schedule of (a) * * * statement that is certified by the Fees (3) Includes a certification that the requester to be true and correct to the (a) * * * designated contract market or registered best of that person’s knowledge and (1) $4.75 for each quarter hour spent by derivatives clearing organization has belief. The Assistant Secretary, or his or clerical personnel in searching for or filed the rule or rule amendment with her designee, will determine whether to reviewing records. the Securities and Exchange provide expedited processing, and (2) When a search or review cannot be performed by clerical personnel, $10.25 for Commission, if such a filing is required; notice of the determination will be each quarter hour spent by professional (4) If the board of trade is a designated provided to the requester, within ten personnel in searching or reviewing records. contract market pursuant to section 5 of days after the date of the request. If the (3) When searches require the expertise of the Act or is a registered derivatives request for expedited processing is a computer specialist, staff time for clearing organization pursuant to denied, the requester may file an appeal programming and performing searches will section 5b of the Act, it includes the with the Office of General Counsel be charged at $10.25 per quarter hour. For documents and certifications required to within ten days of the date of the denial searches of records stored on personal be filed with the Commission pursuant by the Assistant Secretary. The Office of computers used as workstations by Commission staff and shared access network to § 40.6 of this chapter, including a General Counsel will respond to the servers, the computer processing time is certification that the security futures appeal within ten days after the date of included in the search time for the staff product complies with the Act and rules the appeal. member using the workstation as set forth in thereunder; and I 13. Section 145.9 is amended by paragraph (a) of this appendix. (5) Includes a copy of the submission revising paragraph (e)(2) to read as * * * * * cover sheet in accordance with the follows: (5) For copies of materials other than paper instructions in appendix D of part 40. records, the requester will be charged the * * * * * § 145.9 Petition for confidential treatment actual cost of materials and reproduction, of information submitted to the including the time of clerical personnel at a PART 145—COMMISSION RECORDS Commission. rate of $4.75 per quarter hour. AND INFORMATION * * * * * (6) When a request has been made and (e) * * * granted to examine Commission records at an I 11. The authority citation for part 145 (2) The period for filing a detailed office of the Commission other than the office in which the records are routinely continues to read as follows: written justification may be extended maintained, the requester: Authority: Pub. L. 99–570, 100 Stat. 3207, upon request and for good cause shown. (i) Will reimburse the Commission for the Pub. L. 89–554, 80 Stat. 383, Pub. L. 90–23, * * * * * actual cost of transporting the records; and

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(ii) Will be charged at a rate of $4.75 for List of Subjects in 39 CFR Part 501 SUMMARY: NMFS announces that the each quarter hour spent by clerical personnel commercial salmon fishery in the area in preparing the records for transit. Administrative practice and procedure, Postal Service. from the Oregon-California Border to * * * * * Humboldt South Jetty, CA was modified (b) Waiver or reduction of fees. Fees will The Amendment to close at midnight on Friday, be waived or reduced by the Commission if: I September 17, 2004. This action was (1) The fee is less than or equal to $10.00, For the reasons set out in the preamble, the Postal Service is amending 39 CFR necessary to conform to the 2004 the approximate cost to the Commission of management goals. The intended effect collecting the fee; or, part 501 as follows: (2) If the Commission determines that the of this action is to allow the fishery to disclosure of the information is likely to PART 501—AUTHORIZATION TO operate within the seasons and quotas contribute significantly to public MANUFACTURE AND DISTRIBUTE as specified in the 2004 annual understanding of the operations or activities POSTAGE METERS management measures. of the government and is not primarily in the DATES: I Closure effective 2359 hours commercial interest of the requester. 1. The authority citation for part 501 local time (l.t.), September 17, 2004, * * * * * continues to read as follows: after which the fishery will remain Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, closed until opened through an Appendix D [Removed] 401, 403, 404, 410, 2601, 2605; Inspector additional inseason action for the west General Act of 1978, as amended (Pub. L. 95– I 16. Appendix D is removed. coast salmon fisheries, which will be 452, as amended), 5 U.S.C. App. 3. published in the Federal Register, or Issued in Washington, DC, on November I 12, 2004, by the Commission. 2. Add § 501.1(f) to read as follows: until the effective date of the next scheduled open period announced in Jean A. Webb, § 501.1 Postage evidencing system/ the 2005 annual management measures. infrastructure authorization. Secretary of the Commission. Comments will be accepted through [FR Doc. 04–25613 Filed 11–17–04; 8:45 am] * * * * * December 3, 2004. (f) The Postal Service functional area BILLING CODE 6351–01–P ADDRESSES: Comments on this action charged with administering must be mailed to D. Robert Lohn, authorization as described in this part Regional Administrator, Northwest 501 is the Postage Technology Region, NMFS, NOAA, 7600 Sand Point POSTAL SERVICE Management program office. All Way N.E., Bldg. 1, Seattle, WA 98115– submissions cited throughout all 0070; or faxed to 206–526–6376; or Rod 39 CFR Part 501 sections of 39 CFR part 501 are to be McInnis, Regional Administrator, made to this office in person or via U.S. Authorization to Manufacture and Southwest Region, NMFS, NOAA, 501 mail to 1735 N. Lynn Street Room 5011, Distribute Postage Meters W. Ocean Blvd., Suite 4200, Long Rosslyn, VA 22209–6370 or via fax to Beach, CA 90802–4132; or faxed to 562– 703–292–4073. Inquiries may be made AGENCY: Postal Service. 980–4018. Comments can also be via telephone to 703–292–3691, and ACTION: Final rule. submitted via e-mail at the information updates may be found on [email protected] the U.S. Postal Service Web page at SUMMARY: This rule provides contact address, or through the internet at the www.usps.com/postagesolutions/ information for submission of questions Federal eRulemaking Portal: http:// flash.htm. or comments and all notification, plans, www.regulations.gov. Follow the and reports directed by regulation Neva Watson, instructions for submitting comments throughout 39 CFR Part 501— Attorney, Legislative. and include the docket number in the Authorization to Manufacture and [FR Doc. 04–25558 Filed 11–17–04; 8:45 am] subject line of the message. Information Distribute Postage Meters. BILLING CODE 7710–12–P relevant to this document is available DATES: This rule is effective November for public review during business hours 18, 2004. at the Office of the Regional FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF COMMERCE Administrator, Northwest Region, Wayne Wilkerson, manager of Postage NMFS. Technology Management, at 1735 N. National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT: Lynn Street, Rosslyn, VA 22209 by Administration Christopher Wright, 206–526–6140. phone at (703) 292–3691 or by fax at SUPPLEMENTARY INFORMATION: The (703) 292–4073. 50 CFR Part 660 NMFS Regional Administrator closed SUPPLEMENTARY INFORMATION: Title 39, [Docket No. 040429134–4135–01; I.D. the commercial salmon fishery in the Code of Federal Regulations (CFR) Part 111004C] area from the Oregon-California Border 501, Sections 501.1 through 501.30 to Humboldt South Jetty, CA, effective provide Federal rules and regulations Fisheries Off West Coast States and in at midnight on Friday, September 17, governing the manufacture and the Western Pacific; West Coast 2004. On September 15, the Regional distribution of postage meters. These Salmon Fisheries; Inseason Action Administrator determined that available sections reference requirements that #17—Adjustment of the Commercial catch and effort data indicated that the must be submitted to Postal ServiceTM Salmon Fishery from the Oregon- quota of 6,000 chinook salmon would be or Postage Technology Management California Border to Humboldt South reached by midnight on Friday, without identification of contact Jetty, California September 17, 2004. information for submission of AGENCY: National Marine Fisheries Automatic season closures based on requirements or inquiries. Section 501.1 Service (NMFS), National Oceanic and quotas are authorized by regulations at gives the contact information for Postage Atmospheric Administration (NOAA), 50 CFR 660.409(a)(1). Technology Management, the Postal Commerce. In the 2004 annual management Service office responsible for measures for ocean salmon fisheries (69 ACTION: Closure; request for comments. authorization. FR 25026, May 5, 2004), NMFS

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announced the commercial fishery for insufficient time to provide for prior additional inseason action for the west all salmon except coho in the area from notice and the opportunity for public coast salmon fisheries, which will be the Oregon-California Border to comment between the time the fishery published in the Federal Register, or Humboldt South Jetty, CA, would catch and effort data are collected to until the effective date of the next openSeptember 1 through the earlier of determine the extent of the fisheries, scheduled open period announced in September 30 or a 6,000 chinook quota. and the time the fishery closure must be the 2005 annual management measures. On September 15, 2004, the Regional implemented to avoid exceeding the Comments will be accepted through Administrator consulted with quota. Because of the rate of harvest in December 3, 2004. representatives of the Pacific Fishery this fishery, failure to close the fishery ADDRESSES: Comments on this action Management Council and California upon attainment of the quota would must be mailed to D. Robert Lohn, Department of Fish and Game. allow the quota to be exceeded, Regional Administrator, Northwest Information related to catch to date, the resulting in fewer spawning fish and Region, NMFS, NOAA, 7600 Sand Point chinook catch rate, and effort data possibly reduced yield of the stocks in Way N.E., Bldg. 1, Seattle, WA 98115– indicated that it was likely that the the future. For the same reasons, the AA 0070; or faxed to 206–526–6376; or Rod chinook quota would be reached by also finds good cause to waive the 30– McInnis, Regional Administrator, September 17. As a result, the State of day delay in effectiveness required Southwest Region, NMFS, NOAA, 501 California recommended, and the under U.S.C. 553(d)(3). W. Ocean Blvd., Suite 4200, Long Regional Administrator concurred, that This action is authorized by 50 CFR the area from the Oregon-California Beach, CA 90802–4132; or faxed to 562– 660.409 and 660.411 and is exempt from 980–4018. Comments can also be Border to Humboldt South Jetty, CA review under Executive Order 12866. close effective at midnight on Friday, submitted via e-mail at the September 17, 2004. All other Authority: 16 U.S.C. 1801 et seq. [email protected] restrictions that apply to this fishery Dated: November 12, 2004. address, or through the internet at the remained in effect as announced in the Alan D. Risenhoover, Federal eRulemaking Portal: http:// www.regulations.gov. Follow the 2004 annual management measures. Acting Director, Office of Sustainable The Regional Administrator Fisheries, National Marine Fisheries Service. instructions for submitting comments, and include [Docket number and/or RIN determined that the best available [FR Doc. 04–25638 Filed 11–17–04; 8:45 am] number] in the subject line of the information indicated that the catch and BILLING CODE 3510–22–S effort data, and projections, supported message. Information relevant to this the above inseason action recommended document is available for public review by the state. The states manage the DEPARTMENT OF COMMERCE during business hours at the Office of fisheries in state waters adjacent to the the Regional Administrator, Northwest areas of the U.S. exclusive economic National Oceanic and Atmospheric Region, NMFS. zone in accordance with this Federal Administration FOR FURTHER INFORMATION CONTACT: action. As provided by the inseason Christopher Wright, 206–526–6140. notice procedures of 50 CFR 660.411, 50 CFR Part 660 SUPPLEMENTARY INFORMATION: The actual notice to fishers of the above [Docket No. 040429134–4135–01; I.D. NMFS Regional Administrator (RA) described action was given prior to the 111004B] reopened the recreational salmon date the action was effective by fishery in the area from the U.S.-Canada telephone hotline number 206–526– Fisheries Off West Coast States and in Border to Cape Alava, WA (Neah Bay 6667 and 800–662–9825, and by U.S. the Western Pacific; West Coast Subarea), effective Friday, September Coast Guard Notice to Mariners Salmon Fisheries; Inseason Action 10, 2004, through the earlier of broadcasts on Channel 16 VHF-FM and #16—Adjustment of the Recreational September 19 or a modified subarea 2182 kHz. Fishery from the U.S.-Canada Border quota of 30,750 coho. On September 9 This action does not apply to other to Cape Alava, Washington fisheries that may be operating in other the Regional Administrator had areas. AGENCY: National Marine Fisheries determined the available catch and Service (NMFS), National Oceanic and effort data indicated that enough fish Classification Atmospheric Administration (NOAA), remained within the coho and chinook The Assistant Administrator for Commerce. quotas to allow additional days of Fisheries, NOAA (AA), finds that good ACTION: Reopening of a fishing season; fishing. cause exists for this notification to be request for comments. All other restrictions remained in issued without affording prior notice effect as announced for 2004 ocean and opportunity for public comment SUMMARY: NMFS announces the salmon fisheries and previous inseason under 5 U.S.C. 553(b)(B) because such recreational salmon fishery in the area actions. This action was necessary to notification would be impracticable. As from the U.S.-Canada Border to Cape conform to the 2004 management goals. previously noted, actual notice of this Alava, WA (Neah Bay Subarea) was Recision of automatic season closures action was provided to fishers through modified to reopen effective Friday, are authorized by regulations at 50 CFR telephone hotline and radio notification. September 10, 2004, through the earlier 660.409(a)(2). This action complies with the of September 19 or a modified subarea In the 2004 annual management requirements of the annual management quota of 30,750 coho. This action was measures for ocean salmon fisheries (69 measures for ocean salmon fisheries (69 necessary to conform to the 2004 FR 25026, May 5, 2004), NMFS FR 25026, May 5, 2004), the West Coast management goals. announced the recreational fishery in Salmon Plan, and regulations DATES: Reopening effective 0001 hours the area from the U.S.-Canada Border to implementing the West Coast Salmon local time (l.t.) September 10, 2004, Cape Alava, WA (Neah Bay Subarea) Plan 50 CFR 660.409 and 660.411. Prior until the chinook quota or coho quota would open June 27 through the earlier notice and opportunity for public are taken, or 2359 hours l.t., September of September 19 or a 21,050 coho comment was impracticable because 19, 2004; after which the fishery will subarea quota, with a subarea guideline NMFS and the state agency have remain closed until opened through an of 3,700 chinook.

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Inseason Action #10 reallocated Classification DEPARTMENT OF COMMERCE 40,000 coho from Queets River to Leadbetter Point, WA (Westport The Assistant Administrator for National Oceanic and Atmospheric Subarea) quota effective August 13, Fisheries, NOAA (AA), finds that good Administration 2004, by transferring the coho on an cause exists for this notification to be impact neutral basis, to the coho quota issued without affording prior notice 50 CFR Part 660 in the subarea from the U.S.-Canada and opportunity for public comment [Docket No. 040429134–4135–01; I.D. Border to Cape Alava, WA (Neah Bay under 5 U.S.C. 553(b)(B) because such 111004A] Subarea), which increased the Neah Bay notification would be impracticable. As Subarea quota by 6,600 coho (69 FR previously noted, actual notice of the Fisheries Off West Coast States and in 54047, September 7, 2004). regulatory action was provided to the Western Pacific; West Coast The recreational salmon fishery in the fishers through telephone hotline and Salmon Fisheries; Inseason Action area from the U.S.-Canada Border to radio notification. This action complies #15—Adjustments of the Commercial Cape Alava, WA (Neah Bay Subarea) with the requirements of the annual Fishery from the U.S.-Canada Border was modified by Inseason Action ι13 to management measures for ocean salmon to Cape Falcon, Oregon close at midnight on Thursday, fisheries (69 FR 25026, May 5, 2004), AGENCY: National Marine Fisheries September 2, 2004. To allow for the the West Coast Salmon Plan, and Service (NMFS), National Oceanic and Neah Bay Subarea to remain open until regulations implementing the West Atmospheric Administration (NOAA), September 2, 3,100 coho were Coast Salmon Plan 50 CFR 660.409 and Commerce. transferred to the Neah Bay coho quota 660.411. Prior notice and opportunity ACTION: Closure and Modification of on an impact neutral basis from the for public comment was impracticable fishing seasons; request for comments. Queets River to Leadbetter Point, WA because NMFS and the state agencies (Westport Subarea), coho quota. had insufficient time to provide for SUMMARY: NMFS announces that the On September 9, 2004, the RA prior notice and the opportunity for commercial salmon fishery in the consulted with representatives of the subarea from the Queets River, WA to public comment between the time the Pacific Fishery Management Council, Cape Falcon OR, was projected to reach fishery catch and effort data were Washington Department of Fish and its 10,000 coho quota and was closed Wildlife, and Oregon Department of collected to determine the extent of the effective at midnight on Tuesday, Fish and Wildlife by conference call. fisheries, and the time the fishery September 7, 2004. In addition, Information related to catch to date, the modification had to be implemented in regulations for the commercial salmon coho and chinook catch rates, and effort order to allow fishers access to the fishery in the subarea from the U.S.- data indicated that the Neah Bay available fish at the time the fish were Canada Border to the Queets River, were Subarea catch was lower than was available. A delay in effectiveness of modified to open the fishery September anticipated, and that enough fish this action would unnecessarily limit 8 through the earlier of September 15, remained within the coho and chinook fishers appropriately controlled access or a subarea quota of 8,000 marked quotas to allow additional days of to available fish during the scheduled coho, with a landing and possession fishing. As a result, on September 9 the fishing season because this action limit of 125 chinook per vessel for the states recommended, and the RA rescinds an automatic closure. For the 8–day open period. These actions were concurred, that Neah Bay Subarea same reasons, the AA also finds good necessary to conform to the 2004 reopen effective Friday, September 10, cause to waive the 30–day delay in management goals. 2004, and continue through the earlier effectiveness required under U.S.C. DATES: Closure of the area from the of September 19 or a modified subarea 553(d)(3). Queets River, WA to Cape Falcon, OR, quota of 30,750 coho. All other effective 2359 hours local time (l.t.) This action is authorized by 50 CFR restrictions that applied to this fishery September 7, 2004; the area from the 660.409 and 660.411 and are exempt remained in effect as announced in the U.S.-Canada Border to the Queets River, from review under Executive Order 2004 annual management measures and WA, was reopened effective 0001 hours previous inseason action notices. 12866. l.t. September 8, 2004, until the chinook The RA determined that the best Authority: 16 U.S.C. 1801 et seq. quota or coho quota is taken, or 2359 available information indicated that the Dated: November 12, 2004. hours l.t., September 15, 2004; after catch and effort data, and projections, which the fishery will remain closed Alan D. Risenhoover, supported the above inseason action until opened through an additional recommended by the states. The states Acting Director, Office of Sustainable inseason action for the west coast manage the fisheries in state waters Fisheries, National Marine Fisheries Service. salmon fisheries, which will be adjacent to the areas of the U.S. [FR Doc. 04–25639 Filed 11–17–04; 8:45 am] published in the Federal Register, or exclusive economic zone in accordance BILLING CODE 3510–22–S until the effective date of the next with this Federal action. As provided by scheduled open period announced in the inseason notice procedures of 50 the 2005 annual management measures. CFR 660.411, actual notice to fishers of Comments will be accepted through the already described regulatory action December 3, 2004. was given, prior to the date the action ADDRESSES: Comments on these actions was effective, by telephone hotline must be mailed to D. Robert Lohn, number 206–526–6667 and 800–662– Regional Administrator, Northwest 9825, and by U.S. Coast Guard Notice to Region, NMFS, NOAA, 7600 Sand Point Mariners broadcasts on Channel 16 Way N.E., Bldg. 1, Seattle, WA 98115– VHF-FM and 2182 kHz. 0070; or faxed to 206–526–6376; or Rod This action does not apply to other McInnis, Regional Administrator, fisheries that may be operating in other Southwest Region, NMFS, NOAA, 501 areas. W. Ocean Blvd., Suite 4200, Long

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Beach, CA 90802–4132; or faxed to 562– Canada Border to Cape Falcon, OR from the Queets River to Leadbetter 980–4018. Comments can also be would open July 8 through the earlier of Point, WA (Westport Subarea) submitted via e-mail at the September 15, or a 14,700–chinook guideline. [email protected] preseason guideline, or a 67,500–coho On September 7, 2004, the RA address, or through the internet at the quota. The 67,500–coho quota included consulted with representatives of the Federal eRulemaking Portal: http:// a subarea quota of 8,000 coho for the Pacific Fishery Management Council, www.regulations.gov. Follow the area between the U.S.-Canada border Washington Department of Fish and instructions for submitting comments, and the Queets River, WA. The fishery Wildlife, and Oregon Department of and include [Docket number and/or RIN was scheduled to be open Thursday Fish and Wildlife by conference call. number] in the subject line of the through Monday prior to August 11, and Information related to catch and effort message. Information relevant to this Wednesday through Sunday thereafter, data indicated that it was likely that the document is available for public review with the restriction that no vessel may commercial salmon fishery in the during business hours at the Office of possess, land, or deliver more than 125 subarea from the Queets River, WA, to the Regional Administrator, Northwest chinook for each 5–day open period. Cape Falcon, OR, would reach its 10,000 Region, NMFS. The fishery in the area from the U.S.- coho quota by midnight. The data also Canada Border to Cape Falcon, OR was indicated the restriction for the subarea FOR FURTHER INFORMATION CONTACT: ι Christopher Wright, 206–526–6140. modified by Inseason Action 5 to open from the U.S.-Canada Border to the July 8 and close at midnight on July 12, Queets River to be open only from SUPPLEMENTARY INFORMATION: The 2004, then to reopen on July 16 through Wednesday through Sunday could be NMFS Regional Administrator (RA) midnight on July 19, 2004, with the modified so the area could remain open closed the commercial salmon fishery in provision that no vessel may possess, for 8 days until the end of the scheduled the subarea from the Queets River, WA land, or deliver more than 100 chinook season without exceeding any to Cape Falcon, OR, effective at for each open period (69 FR 43345, July conservation objectives established midnight on Tuesday, September 7, 20, 2004). The fishing season was preseason. As a result, on September 7 2004. In addition, the commercial modified to slow the chinook catch rate the states recommended, and the RA salmon fishery in the subarea from the and avoid exceeding the chinook quota. concurred, that the commercial salmon U.S.-Canada Border to the Queets River, The fishery was scheduled to be fishery in the area from the Queets River was modified to open September 8 reevaluated by an inseason conference to Cape Falcon be closed effective at through the earlier of September 15, or call on July 14, and any further midnight on September 7, 2004, and a subarea quota of 8,000 marked coho, adjustments announced. that the commercial salmon fishery in with a landing and possession limit of The fishery in the area from the U.S.- the subarea from the U.S.-Canada 125 chinook per vessel for the eight-day Canada Border to Cape Falcon, OR was Border to the Queets River, be modified open period. On September 7, 2004, the modified by Inseason Action ι6 to a to open September 8 through the earlier Regional Administrator determined the revised landing provision that no vessel of September 15, or a subarea quota of available catch and effort data indicated may possess, land, or deliver more than 8,000 marked coho, with a landing and that the adjusted subarea quota of 125 chinook for the open period of July possession limit of 125 chinook per 10,000 coho salmon for the subarea from 16 through July 19, 2004 (69 FR 51609, vessel for the eight-day open period. All the Queets River, WA to Cape Falcon, August 20, 2004). The fishery then other restrictions that apply to these OR would be reached. The data also reverted back to the regulations as fisheries remained in effect as indicated the restriction for the subarea announced preseason for 2004 ocean announced in the 2004 annual from the U.S.-Canada Border to the salmon fisheries and was scheduled to management measures and previous Queets River to be open only from continue until the chinook quota or inseason actions. Wednesday through Sunday could be coho quota were taken, or September 15, The RA determined that the best modified so the area could remain open which ever was earlier. Consistent with available information indicated that the for 8 days until the end of the scheduled the preseason schedule the fishery was catch and effort data, and projections, season without exceeding any reopened on July 22, with an open cycle supported the above inseason actions conservation objectives established of Thursday through Monday prior to recommended by the states. The states preseason. August 11, and Wednesday through manage the fisheries in state waters All other restrictions remained in Sunday thereafter, and a landing and adjacent to the areas of the U.S. effect as announced for 2004 ocean possession limit of 125 chinook per exclusive economic zone in accordance salmon fisheries and previous inseason vessel per each 5–day open period. with these Federal actions. As provided actions. These actions were necessary to The commercial salmon fishery in the by the inseason notice procedures of 50 conform to the 2004 management goals. area from the Queets River to Cape CFR 660.411, actual notice to fishers of Automatic season closures based on Falcon, OR was modified by Inseason the above described regulatory actions ι quotas are authorized by regulations at Action 11 effective September 1, 2004, were given, prior to the time the action 50 CFR 660.409(a)(1). Modification of to allow for the retention of all legal was effective, by telephone hotline quotas and/or fishing seasons is sized coho with a landing provision that number 206–526–6667 and 800–662– authorized by regulations at 50 CFR no vessel may possess, land, or deliver 9825, and by U.S. Coast Guard Notice to 660.409(b)(1)(i). Modification of the more than 500 coho for each 5–day open Mariners broadcasts on Channel 16 species that may be caught and landed period until the earlier of September 15 VHF-FM and 2182 kHz. during specific seasons and the or a quota of 10,000 coho (69 FR 63333, These actions do not apply to other establishment or modification of limited November 1, 2004). Unmarked coho fisheries that may be operating in other retention regulations are authorized by could only be possessed and landed in areas. regulations at 50 CFR 660.409(b)(1)(ii). the area from the Queets River to Cape In the 2004 annual management Falcon. In addition, 20,000 coho from Classification measures for ocean salmon fisheries (69 the quota of the commercial fishery The Assistant Administrator for FR 25026, May 5, 2004), NMFS from the U.S.-Canada Border to Cape Fisheries, NOAA (AA), finds that good announced the commercial fishery for Falcon was traded for 5,000 chinook cause exists for this notification to be all salmon in the area from the U.S.- from the recreational salmon fishery issued without affording prior notice

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and opportunity for public comment public comment between the time the open 7 days per week instead of 5 days under 5 U.S.C. 553(b)(B) because such fishery catch and effort data are per week, thus providing additional notification would be impracticable. As collected to determine the extent of the harvest opportunity. For the same previously noted, actual notice of the fisheries, and the time the fishery reasons, the AA also finds good cause to regulatory actions were provided to closure must be implemented to avoid waive the 30–day delay in effectiveness fishers through telephone hotline and exceeding the quota, or the time the required under U.S.C. 553(d)(3). radio notification. These actions comply fishery modifications had to be These actions are authorized by 50 with the requirements of the annual implemented in order to allow fishers CFR 660.409 and 660.411 and are management measures for ocean salmon access to the available fish at the time exempt from review under Executive fisheries (69 FR 25026, May 5, 2004), the fish were available. Because of the Order 12866. the West Coast Salmon Plan, and rate of harvest in this fishery, failure to Authority: 16 U.S.C. 1801 et seq. regulations implementing the West close the fishery upon attainment of the Coast Salmon Plan 50 CFR 660.409 and quota would allow the quota to be Dated: November 12, 2004. 660.411. Prior notice and opportunity exceeded, resulting in fewer spawning Alan D. Risenhoover, for public comment was impracticable fish and possibly reduced yield of the Acting Director, Office of Sustainable because NMFS and the state agencies stocks in the future. In addition, the Fisheries, National Marine Fisheries Service. have insufficient time to provide for action also relieved a restriction by [FR Doc. 04–25642 Filed 11–17–04; 8:45 am] prior notice and the opportunity for modifying a subarea regulation to be BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 69, No. 222

Thursday, November 18, 2004

This section of the FEDERAL REGISTER 2004. FDA is reopening the comment I. Background contains notices to the public of the proposed period again in response to four requests In the Federal Register of December issuance of rules and regulations. The for additional time to submit comments 21, 1995, FDA proposed to amend its purpose of these notices is to give interested to FDA. persons an opportunity to participate in the existing regulations on nutrient content rule making prior to the adoption of the final DATES: Submit written or electronic claims and health claims to provide rules. comments by January 18, 2005. additional flexibility in the use of these claims on food products. Specifically, ADDRESSES: You may submit comments, FDA proposed the following: (1) To identified by Docket Nos. 1994P–0390 DEPARTMENT OF HEALTH AND allow additional synonyms for nutrient HUMAN SERVICES and 1995P–0241, by any of the content claims without specific following methods: preclearance by the agency (i.e., Food and Drug Administration • Federal eRulemaking Portal: http:// unlisted synonyms), (2) to permit health www.regulations.gov. Follow the claims on certain foods that do not 21 CFR Part 101 instructions for submitting comments. currently qualify to bear a claim because • Agency Web site: http:// they do not contain 10 percent of one [Docket Nos. 1994P–0390 and 1995P–0241] www.fda.gov/dockets/ecomments. or more of certain required nutrients, (3) Food Labeling: Nutrient Content Follow the instructions for submitting to permit the use of shortened versions Claims, General Principles; Health comments on the agency Web site. of authorized health claims (i.e., Claims, General Requirements and • E-mail: [email protected]. abbreviated health claims) under certain Other Specific Requirements for Include Docket Nos. 1994P–0390 and circumstances, (4) to eliminate and/or Individual Health Claims; Reopening of 1995P–0241 in the subject line of your make optional some of the specific the Comment Period e-mail message. health claim elements required by regulation, and (5) to provide criteria • FAX: 301–827–6870. AGENCY: Food and Drug Administration, that FDA would consider in • HHS. Mail/Hand delivery/Courier [For determining whether to grant an paper, disk, or CD-ROM submissions]: ACTION: Proposed rule; reopening of the exemption from disqualifying nutrient Division of Dockets Management, 5630 comment period. levels to permit some foods to bear an Fishers Lane, rm. 1061, Rockville, MD unqualified health claim even though SUMMARY: The Food and Drug 20852. they contain high levels of one or more Administration (FDA) is reopening for Instructions: All submissions received of certain nutrients. FDA proposed these 60 days the comment period for the must include the agency name and amendments in response to petitions proposed rule entitled ‘‘Food Labeling: Docket No(s). or Regulatory Information submitted by the National Food Nutrient Content Claims, General Number (RIN) for this rulemaking. All Processors Association (NFPA) (Docket Principles; Health Claims, General comments received will be posted No. 1994P–0390) and the American Requirements and Other Specific without change to http://www.fda.gov/ Bakers Association (ABA) (Docket No. Requirements for Individual Health ohrms/dockets/default.htm, including 1995P–0241). FDA requested comments Claims’’ (60 FR 66206, December 21, any personal information provided. For on the 1995 proposal by March 20, 1995) (the 1995 proposal). In that detailed instructions on submitting 1996, which was later extended to July document, FDA proposed to amend its comments and additional information 18, 1996 (61 FR 11793, March 22, 1996). existing nutrient content claims and on the rulemaking process, see the The comment period was reopened in health claims regulations to provide ‘‘Comments’’ heading of the 1997 to obtain comment on an FDA additional flexibility in the use of these SUPPLEMENTARY INFORMATION section of study and two consumer research claims on food products. FDA reopened this document. studies submitted by industry (62 FR the comment period for the 1995 Docket: For access to the docket to 3635, January 24, 1997), and then proposal to seek comment on the read background documents or extended to allow interested persons proposed amendments to permit comments received, go to http:// more time to review the studies and unqualified health claims on certain www.fda.gov/ohrms/dockets/ submit comments (62 FR 11129, March foods that do not contain 10 percent or default.htm and insert the docket 11, 1997). more of one of certain required numbers, found in brackets in the In the Federal Register of May 4, 2004 nutrients, the proposed amendments to heading of this document, into the (69 FR 24541), FDA reopened for 60 provide criteria that FDA would ‘‘Search’’ box and follow the prompts days the comment period for the 1995 consider in determining whether to and/or go to the Division of Dockets proposal. In the May 4, 2004, notice grant an exemption from disqualifying Management, 5630 Fishers Lane, rm. reopening the comment period, FDA nutrient levels related to unqualified 1061, Rockville, MD 20852. noted that since the publication of the health claims of certain nutrients, and 1995 proposal, FDA established a task the proposed amendments to retain the FOR FURTHER INFORMATION CONTACT: Ritu force for the Consumer Health word ‘‘may’’ or ‘‘might’’ in unqualified Nalubola, Center for Food Safety and Information for Better Nutrition health claims. In addition, FDA sought Applied Nutrition (HFS–820), Food and Initiative (the task force). The purpose comment on the proposed use of Drug Administration, 5100 Paint Branch of the initiative is to make available unlisted synonyms and abbreviated Pkwy., College Park, MD 20740, 301– more and better information about health claims. The comment period for 436–2371. conventional foods and dietary the 1995 proposal closed on July 6, SUPPLEMENTARY INFORMATION: supplements to help American

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consumers improve their health and review the specific elements of the 1995 Dated: November 8, 2004. decrease their risk of contracting proposal. Some requesters further Jeffrey Shuren, diseases by making sound dietary supported their requests for additional Assistant Commissioner for Policy. choices. The task force issued a final time by noting that more than 7 years [FR Doc. 04–25529 Filed 11–17–04; 8:45 am] report on July 10, 2003 (68 FR 41387, have passed since the 1995 proposal BILLING CODE 4160–01–S July 11, 2003), which recommended that was last considered in comments and FDA seek public comment on several FDA’s May 4, 2004, notice reopening topics related to qualified health claims the comment period. NFPA and ABA, POSTAL RATE COMMISSION (i.e., claims that do not meet the which are trade associations, significant scientific agreement (SSA) specifically stated that, over the 39 CFR Part 3001 standard of evidence required by the intervening years, many of their member [Docket No. RM2004–1; Order No. 1424] Federal Food, Drug, and Cosmetic Act companies’ representatives who were and FDA regulations to evaluate the responsible for consideration of the Definition of Postal Service scientific validity of health claims) and technical aspects of the 1995 proposal unqualified health claims (i.e., health AGENCY: Postal Rate Commission. have left their companies and have been claims that are supported by SSA and ACTION: Proposed rule. authorized by FDA by regulation). Some replaced by staff that are less familiar of the topics identified in the task force with the 1995 proposal, subsequent SUMMARY: This document addresses a report were specifically addressed in the comments, and underlying petitions. In proposal to add a definition of the term 1995 proposal. FDA reopened the addition, NFPA and ABA asserted that ‘‘postal service’’ to the rules of practice. comment period on the 1995 proposal to because the character of their This proposal is prompted by the Postal seek comment on these topics, which membership has changed and current Service’s action with respect to include the following: (1) The proposed members may advocate different views nonpostal initiatives. There is often amendments to permit unqualified of the issues raised in the 1995 proposal controversy and uncertainty regarding health claims on certain foods that do and in comments on the 1995 proposal the postal character of the services not contain 10 percent or more of one received through 1997, additional time provided under those initiatives. The of certain required nutrients; (2) the is needed to ensure that all members’ proposed definition is intended to proposed amendments to provide concerns are addressed to accurately provide guidance to the Postal Service criteria that FDA would consider in comment and respond to FDA. Another and the general public concerning determining whether to grant an requester, also a trade association, also services that are subject to sections 3622 exemption from disqualifying nutrient requested more time to ensure that all and 3623 of the Postal Reorganization levels related to unqualified health of its members’ concerns are addressed Act. claims of certain nutrients; and (3) the to accurately comment and respond to DATES: 1. Deadline for filing initial proposed amendments to retain the FDA. comments: December 15, 2004. word ‘‘may’’ or ‘‘might’’ in unqualified FDA has considered the requests for 2. Deadline for filing reply comments: health claims to describe the January 12, 2004. relationship between a substance and a additional time to submit comments ADDRESSES: File all documents referred disease or health-related condition. In and, because the comment period for to in this order electronically via the addition, FDA sought comment on the the 1995 proposal closed on July 6, Commission’s Filing Online system at proposed use of unlisted synonyms and 2004, FDA is again reopening the http://www.prc.gov. abbreviated health claims. Specifically, comment period on the 1995 proposal for unlisted synonyms (i.e., terms not for an additional 60 days to provide FOR FURTHER INFORMATION CONTACT: defined by regulation), FDA repeated its interested persons an opportunity to Stephen L. Sharfman, (202) 789–6818. request for data or other information comment on the issues identified herein SUPPLEMENTARY INFORMATION: demonstrating that unlisted synonyms and in FDA’s May 4, 2004, notice Regulatory History that are anchored to defined terms in reopening the comment period for the nutrient content claims are reasonably 1995 proposal. 69 FR 3288, January 23, 2004. understood by consumers to be 69 FR 11353, March 10, 2004. II. Comments synonyms of the defined terms. FDA I. Introduction and Summary also sought comments on the petition Interested persons may submit to the In Order No. 1389, the Commission process in 21 CFR 101.69(n) for Division of Dockets Management (see synonyms and examples of synonyms proposed to amend its rules of practice ADDRESSES) written or electronic that industry may be seeking to use. For and procedure to include a definition of comments in response to FDA’s request 1 abbreviated health claims, FDA sought the term ‘‘postal service.’’ The postal for comments and available data or comments and requested data or other character of a spate of relatively new other information identified in FDA’s information regarding whether services initiated unilaterally by the abbreviated health claims would May 4, 2004, notice reopening the Postal Service is uncertain and the issue mislead consumers. comment period on the 1995 proposal. whether a service is postal or nonpostal Submit a single copy of electronic has become increasingly controversial. Following publication of the May 4, comments or two paper copies of any Consequently, the Commission 2004, notice reopening the comment mailed comments, except that proposed to codify a definition of the period, FDA received four requests for term ‘‘postal service’’ in its rules to an extension of the comment period to individuals may submit one paper copy. provide guidance to the Postal Service allow interested persons additional time Identify comments with the docket and the public for evaluating what falls to comment. Two of the requests were numbers found in brackets in the within the scope of sections 3622 and submitted by NFPA and ABA, the heading of this document. Received comments may be seen in the Division petitioners. The requesters asserted that 1 of Dockets Management between 9 a.m. See Proposed Rulemaking Concerning more time is needed, given the Amendment to the Rules of Practice and Procedure, complexity of the issues, to thoroughly and 4 p.m., Monday through Friday. PRC Order No. 1389, January 16, 2004.

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3623 of the Postal Reorganization Act it chooses subject to the requirements of A major distinction is that the revised (PRA). the Act. For those that are postal definition covers certain electronic Specifically, the Commission services, within the meaning of the services offered by the Postal Service, a proposed to amend its rules by proposed rule, the Postal Service has an result urged by several commenters. The including the following definition: obligation to request a recommended Commission’s decision to include Postal service means the delivery of decision before commencing service or certain electronic services is grounded letters, printed matter, or packages charging rates. Nothing in the proposed on the statute and legislative history, weighing up to 70 pounds, including rule affects the lawfulness of Postal both of which contemplate the use of acceptance, collection, processing, Service products or services that are not technological advances in the provision transmission, or other services 6 postal. of postal services. Nevertheless, supportive or ancillary thereto.2 While most commenters support the Interested persons were invited to idea that the term postal service be inclusion of these services in the submit comments on the proposed rule. defined, there is no unanimity on the definition should not be read as a No commenter, including the Postal definition. The diversity of views conclusion that all such services are Service, challenges the Commission’s expressed has helped crystallize the jurisdictional; only such services that authority to adopt a definition of the Commission’s thinking about the issues. entail correspondence become postal term postal service. Under the Postal It is apparent that continuation of the services. Service’s construction of the Act, status quo is not in the public interest. In lieu of adopting the foregoing however, adopting a definition would On numerous, recent occasions, parties definition now, the Commission will essentially be an empty gesture since it have challenged the legitimacy of the provide interested persons an contends that the Commission lacks the Postal Service’s claim that various opportunity to comment on the revised authority to determine the scope of its services, offered unilaterally pursuant to proposed rule. While not required under own jurisdiction. Under its theory, any section 404(a)(6), are not postal services. the Administrative Procedure Act, the service or product it unilaterally The jurisdictional implications of these additional comment period is deemed declares not to be a postal service is services, which have become beyond the Commission’s jurisdiction.3 appropriate to assure that the impact of increasingly controversial, are most the rule is carefully considered and Thus, under its interpretation, the Postal efficaciously addressed by rule rather fully understood. Comments are due Service becomes the arbiter of all things than on an ad hoc basis. Comments by December 15, 2004. Reply comments postal. competitors demonstrate that many of The Commission rejects the claim that these services offered unilaterally by the may be filed on or before January 12, it cannot determine the scope of its own Postal Service have a substantial public 2005. jurisdiction. The law on this point is effect. Accordingly, the Commission II. Background well settled. ‘‘[T]he agency entitled to believes that it is appropriate to include deference in the interpretation of 39 a definition of the term postal service in Two rulemakings pending before the U.S.C. 3622–24 is the Rate its rules. Commission are companion Commission—not the Postal Service—as Based on a thorough consideration of proceedings, designed to define postal it is the Rate Commission which is the comments, however, the services on the one hand, Docket No. charged with making recommended Commission has determined not to RM2004–1, and reporting requirements decisions on changes in rates and mail adopt either its initial proposal or any for nonpostal services on the other, classification.’’ 4 Unilateral Postal suggested in the comments. Instead, the Docket No. RM2004–2. In Order No. Service actions do not determine the Commission concludes that it would be 1389, against the backdrop of an array scope of the Commission’s jurisdiction preferable to define the term postal over postal services. Management’s of new services offered unilaterally by service by reference to the Postal the Postal Service, the Commission initial characterization of a service as Service’s statutory duties rather than as postal or not, a prerequisite under the reviewed both judicial and Commission initially proposed or as specifically precedent concerning the meaning, for Act, is not dispositive of the suggested by any commenter. The rule jurisdictional purposes, of the term Commission’s jurisdiction. Analysis of proposed herein represents an postal service.7 This review the statute, legislative history, and improvement over that proposed in demonstrated that the postal character precedent confirms that the Postal Order No. 1389 since it makes the Service is not free to engage in Service’s ‘‘postal service’’ duties the of these new services was unsettled, unfettered commercial activities under touchstone of the definition rather than causing needless confusion and the guise that they are nonpostal. any specific activities the Postal Service increasing controversy. Consequently, to In its comments, the Postal Service may or may not perform. address the issue, the Commission argues that the Commission’s definition The revised definition reads as proposed to define the term postal of the term postal services imposes no follows: Postal service means the service and provided interested persons 5 limits on its authority under the Act. receipt, transmission, or delivery by the an opportunity to comment on the The Commission does not disagree. The Postal Service of correspondence, proposed definition.8 proposed rule in no way restricts the including, but not limited to, letters, types of services, postal or otherwise, printed matter, and like materials; that the Postal Service may wish to mailable packages; or other services offer. It is free to offer whatever services supportive or ancillary thereto. Because the definition focuses on the Postal 2 Id. at 12. Service’s statutory functions, the 3 See Initial Comments of the United States Postal Service, March 15, 2004, at 2–3 (Postal Service proposed definition is distinguishable Initial Comments). from that proposed in Order No. 1389. 4 United Parcel Service v. U.S. Postal Service, 604 F.2d 1370, 1381 (3rd Cir. 1979), cert. denied, 446 6 To clarify, the Commission takes no position on U.S. 957 (1980). services offered by the Postal Service that fall 7 See PRC Order No. 1389, supra, at 1–8. 5 Postal Service Initial Comments at 3. outside the proposed definition. 8 Id. at 12–16.

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Seven sets of initial comments 9 and the term nonpostal (as they interpret it) be postal. The Postal Service’s position four sets of reply comments 10 were in this proceeding, essentially is wholly without merit. filed. These comments, addressed in preempting the proposed amendment to The Commission concludes that it has detail below, advocate a variety of rule 54 in Docket No. RM2004–2.13 In the primary responsibility for different perspectives. Four, the addition, OCA/CA propose that the interpreting whether services offered or Association for Postal Commerce Commission not employ the term proposed by the Postal Service are (PostCom),11 the Office of the Consumer nonpostal to identify services subject to subject to chapter 36 of the Act.18 The Advocate and Consumer Action (OCA/ the proposed reporting requirements in Postal Service, but no other commenter, CA), United Parcel Service (UPS), and Docket No. RM2004–2.14 disagrees.19 This dichotomy prompts the Postal Service, suggest revisions to Lastly, since this proceeding several observations. The Postal Service the Commission’s proposed definition. commenced, two complaints have been argues that a Commission definition of Two, Parcel Shippers Association (PSA) filed with the Commission alleging that the term postal service imposes no and Pitney Bowes, Inc. (Pitney Bowes), the Postal Service is providing postal limits on its authority under the Act.20 endorse the proposed definition, albeit services without first obtaining a The Commission does not disagree. The for different reasons; and one, Lifetime recommended decision from the rule in no way restricts the types of Addressing, supports OCA/CA’s Commission.15 While not bearing service, postal or otherwise, that the proposal. directly on this proceeding, these Postal Service may wish to offer. The The principal legal issues in this complaints, particularly Docket No. Postal Service is free to offer whatever proceeding are the Postal Service’s C2004–2, underscore the continuing services or products it wishes subject to contention that the Commission lacks controversy and uncertainty the strictures of the Act. However, for authority to determine the scope of its surrounding the Postal Service’s those that are postal services, as defined own jurisdiction and OCA/CA’s claim unilateral actions. by the Commission, the Postal Service that nonpostal services mean only those III. Commission Authority has an obligation to obtain a services provided by the Postal Service recommended decision before on behalf of other government agencies. Section 3603 of the PRA authorizes commencing a service or charging the Docket No. RM2004–2, like this the Commission to adopt ‘‘rules and public. proceeding an outgrowth of Docket regulations and establish procedures, The Act mandates that the Postal *2003, was initiated to consider the subject to chapters 5 and 7 of Title 5, Service, to the extent it wishes to effects, if any, of non-jurisdictional and take any other action they deem provide a postal service, submit a services on jurisdictional rates.12 necessary and proper to carry out their request to the Commission for a Nonpostal services are a subset of non- functions and obligations to the recommended decision on changes in jurisdictional services. In tandem, the Government of the United States and the mail classification schedule. two rulemakings are complementary, the people as prescribed under this Management’s initial characterization of addressing opposite sides of the same chapter.’’ 39 U.S.C. 3603. No commenter a service as postal or not neither coin. disputes the Commission’s authority to deprives the Commission of jurisdiction In this proceeding, OCA/CA, citing adopt a definition of the term postal over postal services nor precludes the interrelationship between the two service. The Postal Service, however, Commission review, on complaint or dockets, urge the Commission to define construes the Act in a manner that otherwise, for purposes of determining renders the exercise largely its statutory jurisdiction. Such review 9 Comments of Lifetime Addressing, Inc. Pursuant meaningless. does not impinge on management’s to Commission Order No. 1389, March 16, 2004 As a preface to its comments on the prerogatives in a manner not (Lifetime Addressing Comments); Office of the proposed rule, the Postal Service, Consumer Advocate and Consumer Action referencing its comments in Docket contemplated by the Act. ‘‘The very Comments on Proposed Amendment to the existence and function of the Postal Rate Commission’s Rules of Practice and Procedure, *2003, reiterates its position that the March 15, 2004 (Joint Initial Comments); Comments Commission bespeaks a limitation on Commission lacks authority to 21 of the Parcel Shippers Association to the Proposed determine the scope of its own postal management’s freedom.’’ Rulemaking Concerning Amendment to the Rules of Furthermore, it is well settled that in jurisdiction under Chapter 36 of the Practice and Procedure, March 15, 2004 (PSA matters involving rates and mail Comments); Comments of Pitney Bowes Inc., March PRA.16 It asserts that ‘‘the Postal Service classifications the Commission’s 15, 2004 (Pitney Bowes Comments); PostCom would not in any way be bound by [the interpretation is entitled to deference. Comments on Proposed Rulemaking Concerning proposed] definition’’ concerning its Amendment to the Rules of Practice and Procedure, Federal courts have rejected the Postal determination of whether a service is March 1, 2004 (PostCom Initial Comments); Service’s argument that its Comments of United Parcel Service in Support of postal or nonpostal.17 Under this theory, Proposed Rule, March 9, 2004 (UPS Comments); its unilateral declaration of whether any Postal Service Initial Comments, supra, March 15, 18 See, e.g., PRC Op. R74–1, Vol. 2, Appendix F; 2004. product or service is or is not a postal PRC Op. R76–1, Vol. 1, at 263 et seq., and Vol. 2, 10 Reply Comments of Lifetime Addressing, Inc., service is determinative. Thus, under Appendix F; PRC Order No. 1239, May 3, 1999, at April 15, 2004 (Lifetime Addressing Reply the Postal Service’s interpretation, the 9–14; see also United Parcel Service v. U.S. Postal Comments); Office of the Consumer Advocate and Commission’s jurisdiction is based not Service, 604 F.2d 1370, 1381 (3rd Cir. 1979), cert. Consumer Action Reply Comments on Proposed denied, 446 U.S. 957 (1980). Amendment to the Commission’s Rules of Practice on its own consideration of the facts as 19 See Postal Service Initial Comments at 2. As a and Procedure, April 15, 2004 (Joint Reply applicable to the rate and classification general matter, the Postal Service referred to its Comments); PostCom Reply Comments on the factors of the Act, but rather on what the comments in Docket *2003 in lieu of restating its Proposed Rulemaking Concerning the Definition of Postal Service unilaterally determines to position. ‘‘Postal Service,’’ April 15, 2004 (PostCom Reply 20 Id. at 3. In comments in Docket *2003, the Comments); and Reply Comments of the United Postal Service cast the argument, in part, as the 13 States Postal Service, April 15, 2004 (Postal Service Joint Initial Comments, supra, at 15. Commission’s authority to determine the legal Reply Comments). 14 Ibid. status of nonpostal services. Comments of United 11 PostCom’s suggestion was offered as an 15 See Complaint on Electronic Postmark, Docket States Postal Service on Consumer Action Petition, alternative to its principal recommendation that the No. C2004–2 and Complaint on Stamped Docket *2003, January 30, 2003, at 12–13. Commission not adopt a definition of the term Stationery, Docket No. C2004–3. 21 United Parcel Service v. U.S. Postal Service, postal service in this proceeding. PostCom Initial 16 Postal Service Initial Comments at 1–2. 455 F. Supp. 857, 869 (E.D. Pa. 1978), aff’d, 604 Comments at 1–2. 17 Id. at 3; see also Postal Service Reply F.2d 1370 (3d Cir. 1979), cert. denied, 446 U.S. 957 12 See PRC Order No. 1394, March 5, 2004. Comments at 8–9. (1980).

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interpretation of the Act deserves IV. The Provision of Postal Services Is Postal Service argued that the phrase deference. ‘‘[I]t was recognized there, [in the Service’s Core Mission ‘‘fee or fees for postal services’’ in NAGCP v. USPS, 569 F.2d 570 (DC Cir. section 3622 applied only to certain A. Grants of Authority Under the Act 1976)] as we do here, that the agency annual mailing or permit fees and not to entitled to deference in the Although the PRA does not define the special services. In rejecting the Postal interpretation of 39 U.S.C. 3622–24 is term ‘‘postal services,’’ it is clear that Service’s argument that section 404(a)(6) the Rate Commission—not the Postal ‘‘postal services’’ are central to the authorized it to proceed without first Service—as it is the Rate Commission Postal Service’s mission. The point is requesting a recommended decision which is charged with making underscored by the very first section of from the Commission, the court held recommended decisions on changes in the Act: ‘‘The Postal Service shall have that ‘‘the term ‘postal services’ was rates and mail classification.’’ 22 as its basic function the obligation to meant to embrace also those special and Moreover, the Postal Service’s provide postal services to bind the other services which are the subject of construction ignores a wealth of judicial Nation together through the personal, this litigation.’’ 27 The court’s finding precedent addressing the division of educational, literary, and business that the special and other services were responsibility under the Act between correspondence of the people.’’ 39 postal services was based on the the Postal Service and the Commission U.S.C. 101(a). The Postal Service is ‘‘common meaning’’ of the term.28 This that makes it plain that rate and explicitly directed to ‘‘plan, develop, finding was colored by two classification authority vests with the promote, and provide adequate and considerations. First, it observed that, Commission. For example, in National efficient postal services at fair and with the possible exception of money Association of Greeting Card Publishers reasonable rates and fees.’’ 39 U.S.C. orders, ‘‘nearly all of these other v. U.S. Postal Service, 462 U.S. 810, 821 403(a). services are very closely related to the (1983), the Supreme Court found: The Postal Service performs a variety delivery of mail.’’ 29 Second, the court Although the Postal Reorganization Act of activities; some clearly relate to its held, ‘‘[i]t is also clear that the fees set divides ratemaking responsibility between obligation to provide postal services, for these services have substantial two agencies, the legislative history while others do not. Some have public effect.’’ 30 demonstrates ‘that ratemaking * * * jurisdictional implications; others do The Court of Appeals, without authority [was] vested primarily in [the] not. By statute, the Postal Service has a Postal Rate Commission.’ S. Rep. No. 91–912, adopting all of its reasoning, found the p. 4 (1970) (Senate Report); see Time, Inc. v. monopoly over the carriage of letters. 39 district court’s interpretation of the Act 24 USPS, 685 F.2d 760, 771 (CA2 1982); U.S.C. 601. The monopoly, however, persuasive. National Association of Newsweek, Inc. v. USPS, 663 F.2d, at 1200– does not limit ‘‘postal services’’ Greeting Card Publishers v. U.S. Postal 1201; NAGCP III, 197 U.S. App. DC, at 87, provided by the Service to the carriage Service, 569 F.2d 570, 595 (DC Cir. 607 F.2d, at 401. The structure of the Act of letters (or services ancillary thereto). 1976), vacated on other grounds, 434 supports this view. While the Postal Service Incontestably, the Postal Service’s has final responsibility for guaranteeing that U.S. 884 (1977) (NAGCP I). The DC carriage of mail not subject to the Circuit’s discussion is instructive on total revenues equal total costs, the Rate monopoly, such as packages and printed Commission determines the proportion of the several levels. First, it agreed that a revenue that should be raised by each class matter, is a ‘‘postal service.’’ Merely ‘‘plain reading’’ of section 3622 is of mail. In so doing, the Rate Commission because such mail is outside the scope proper, concluding that ‘‘ ‘postal applies the factors listed in § 3622(b). Its of the monopoly does not render such services’ as used there is a generic term 25 interpretation of that statute is due deference. service ‘‘nonpostal.’’ and was meant to include all the special See Time, Inc. v. USPS, 685 F.2d, at 771; The Postal Service’s authority to services here at issue.’’ 31 Second, United Parcel Service, Inc. v. USPS, 604 F. engage in other activities also informs finding the Postal Service’s construction 2d 1370, 1381 (CA3 1979), cert. denied, 446 the scope of its core mission regarding U.S. 957 (1980). of the Act ‘‘wholly unconvincing,’’ the postal services. These include authority court held, ‘‘[b]ut most of all, any Specifically mindful of the bifurcation to provide special, philatelic, reasonable examination of the purposes of authority under the Act, the court, in international, and nonpostal services. It of the Act discloses Congress’ implicit United Parcel Service, supra, is well settled that special services, design that the distinct functions of concluded: 23 authorized by section 404(a)(6) of the service provision and rate adjustment be The Commission’s existence insures that an Act, are postal services subject to the divided between the Postal Service and agency independent of the Postal Service will Commission’s rate and classification the Rate Commission.’’ 32 Third, the provide for public notice and hearing input jurisdiction. In Associated Third Class court also relied on the legislative of those affected by the proposed action and Mail Users v. U.S. Postal Service, 405 F. history to conclude that repeal of the full and on the record, see 39 U.S.C. Supp. 1109 (D.D.C. 1975) (ATCMU), the § 3624(a), consideration of pertinent factors Postmaster General’s prior authority to and congressionally imposed goals before court (J. Sirica) enjoined the Postal establish special service fees certain types of decisions are made. Service’s unilateral attempt to increase unilaterally was not inadvertent.33 fees for certain special services.26 The 22 United Parcel Service v. U.S. Postal Service, prepayment of postage, and money orders. ATCMU 24 604 F.2d 1370, 1381 (3d Cir. 1979), cert. denied, Prior to the passage of the Private Express at 1115. Statutes in 1845, intercity delivery services were 446 U.S. 957 (1980). Regarding the general principle 27 Id. at 1118. that an agency’s interpretation of its jurisdiction is offered by private carriers, principally railroads and 28 Id. at 1117. (‘‘As indicated above, this entitled to deference, see Chevron U.S.A., Inc. v. steamboats. Private carriers operated within cities interpretation appears to accord quite well with the Natural Resources Defense Council, 467 U.S. 837, until barred by the Postal Code of 1872. Cato common meaning of the term ‘postal services.’’’) 842–44 (1984); Transmission Access Policy Study Handbook for Congress, http://www.cato.org/pubs/ 29 Group v. Federal Energy Regulatory Commission, handbook/hb105–34.html. Id. at 1115. Observing that the majority of 225 F.3d 667, 694 (DC Cir. 2000) (‘‘It is the law of 25 While no party suggests to the contrary, Parcel money orders sold at post offices were sent by mail, this circuit that the deferential standard of Shippers Association, perhaps out of caution, the court concluded that ‘‘[t]herefore, it appears safe [Chevron] applies to an agency’s interpretation of its addresses the point, expressing relief that the to say that all of these services would be considered own statutory jurisdiction.’’); and Oklahoma Commission’s proposed definition encompasses ‘postal services’ in ordinary parlance.’’ Natural Gas Company v. Federal Energy Regulatory packages. PSA Comments at 2. 30 Ibid. Commission, 28 F.3d 1281, 1283 (DC Cir. 1994). 26 The special services included, among others, 31 NAGCP I at 596–97. 23 United Parcel Service, supra, 455 F. Supp. at insurance, registry, forwarding and return service, 32 Id. at 597. 869. furnishing of mailing list corrections, return receipt, 33 Id. at 597–98.

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Finally, at the outset of its discussion, B. OCA/CA’s Definition of the Term transmitting funds for volunteer the court suggests an alternate theory Nonpostal Is Flawed charities such as the March of Dimes.45 available to the district court. Noting Lastly, OCA/CA cite as most that the Commission ‘‘advances an Parties dispute the meaning of the significant Judge Sirica’s comment interpretation of the Act quite at odds term as well as the Postal Service’s concerning the likely meaning of the with that of the Service and fully in authority to provide certain services term nonpostal.46 Prefacing his accord with the conclusion reached by without prior Commission review. comment with the observation that the the district court,’’ the Court of Appeals OCA/CA argue that ‘‘nonpostal’’ is a exact meaning of nonpostal was states that ‘‘[t]he district court, in short, term of art under the statute limited to uncertain, Judge Sirica stated that it without expressly stating so might services provided by the Postal Service likely encompassed activities such as simply have deferred to the long-held to other governmental agencies for selling U.S. savings bonds, maintaining and reasonable interpretation given the which it is reimbursed.39 They ask the an information service for civil service statute by the very agency whose Commission to reconsider its prior exams for government jobs, and jurisdiction is at issue.’’ 34 determinations that ‘‘ ‘nonpostal’ conducting examinations for the Civil 47 The Commission’s first substantive products and services can be Service Commission. opportunity to address the jurisdictional commercial in nature.’’ 40 Relatively early in its institutional implications of various special and history, the Commission characterized In support of their position, OCA/CA certain services provided by the Postal other services occurred in Docket No. cite the preexisting statute, the Kappel Service as nonpostal. Once the R76–1 following the ATCMU opinion.35 Commission Report, The United States jurisdictional issue over special services While it discussed in detail the Postal Service by Gerald Cullinan, and was joined in Docket No. R76–1, the principles governing the scope of its ATCMU. OCA/CA begin by pointing to Postal Service submitted a lengthy list jurisdiction regarding the services at section 2303 of former title 39, which of services it provided apart from the issue in a separate appendix,36 the references ‘‘nonpostal services, such as carriage of mail.48 Commission briefly restated its the sale of documentary stamps for the The list included an assortment of conclusions, providing a succinct Department of the Treasury.’’ They services provided by the Postal Service, definition. argue that this reference indicates, as including those styled as follows: Special postal services—that is, those which manifest by the legislative history, that • Domestic ancillary services, e.g., fall within the ambit of § 3622—are services the term ‘‘nonpostal’’ is limited to address correction, certified mail, other than the actual carriage of mail but services provided by the Postal Service insurance; supportive or auxiliary thereto. They to other governmental agencies.41 As • International ancillary services, e.g., enhance the value of service rendered under confirmation, they cite the Kappel inquiry fee, storage charges, registry; one of the substantive mail classes by • Commission Report’s mention of Special user charges, e.g., on-site providing such features as added security, meter settings, sale of philatelic added convenience or speed, indemnity nonpostal services within its larger against loss, correct information as to the discussion of ‘‘public service’’ costs.42 products, photocopying service; • Services performed for other current address of a recipient, etc.37 In addition, OCA/CA rely on the government agencies, e.g., passport discussion of ‘‘nonpostal functions’’ Although none of the three remaining applications, food stamps, civil defense; found in The United States Postal • specific grants of power is defined in 43 Community type services, i.e., the Act, two are readily distinguishable Service. Cullinan indicates that during bulletin boards and postmasters in because each is limited by the types of World War I, the Post Office performed Alaska as notaries public; and service that could possibly be offered. various war-related nonpostal functions, • Services for which a charge could Philatelic services, section 404(a)(5), including selling Liberty bonds, war be made, e.g., demurrage charge, meter relate exclusively to philately; savings certificates, and registering license. 44 international mail, section 407, enemy aliens. In addition to these Prior to considering the jurisdictional exclusively involves service between or major nonpostal functions, the Post status of each service, the Commission among countries. There is no real Office, over time, assumed various distinguished between services controversy over what each service minor Federal functions as well. These provided by the Postal Service to the entails or, for that matter, whether either included: alien address reporting, sale public and those it performed for other could be considered a jurisdictional of U.S. savings bonds, sale of federal agencies. The Commission postal service.38 That is not the case documentary and migratory-bird indicated that the latter included concerning the Postal Service’s stamps, maintenance of wanted posters services such as ‘‘the distribution of authority to provide nonpostal services. issued by the Federal Bureau of migratory bird hunting stamps, the Investigation, and receiving and registration of aliens, and various forms 34 Id. at 595, n.110. of assistance to the Civil Service 49 35 Previously, the Commission had addressed and 39 Joint Initial Comments, supra, at 9. PostCom Commission.’’ Concerning such asserted its jurisdiction over changes in fees for appears to agree with this position although not services, the Commission concluded special services in Docket No. R74–1. See PRC Op. with OCA/CA’s proposal. PostCom Reply that ‘‘[i]t is clear that they are in no Comments, supra, at 3–4. R74–1, Vol. 2, Appendix F. sense ‘postal’ services, and we conclude 36 See PRC Op. R76–1, Vol. 2, Appendix F. 40 Joint Initial Comments at 9; see also id. at 11– 37 12, and 15. that they are outside the ambit of PRC Op. R76–1, Vol. 1, at 266–67 (footnote 50 omitted). 41 Id. at 10. § 3622.’’ 38 In Docket No. R76–1, the Commission found 42 Ibid. In its discussion of public service costs The Commission assessed each that the sale of philatelic products was not within (subsidies), the Kappel Commission included service based on its relationship to the its jurisdiction. PRC Op. R76–1, Vol. 2, Appendix ‘‘unreimbursed non-postal services’’ which it described as ‘‘some relatively small but widespread F at 19–20; see also PRC Order No. 1075, September 45 Id. at 198. 11, 1995. Likewise, the Commission’s rate services rendered to other Government agencies 46 Joint Initial Comments at 11. jurisdiction does not extend to international mail. (e.g., providing space for Civil Service 47 PRC Op. R76–1, Vol. 2, Appendix F at 17; PRC Op. examinations).’’ Kappel Commission Report at 137. ATCMU, supra, at 1117, n.3. R90–1, Vol. 1, para. 2105; see also Air Courier 43 Joint Initial Comments at 10. 48 Docket No. R76–1, Tr. 4/503–08. Conference of America/International Committee v. 44 G. Cullinan, The United States Postal Service 49 PRC Op. R76–1, Vol. 2, Appendix F at 2. U.S. Postal Service, 959 F.2d 1213 (3rd Cir. 1992). (1973) at 196. 50 Ibid.

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carriage of mail. ‘‘Those which can summarized its findings in the main phrase ‘‘similar services’’ surplusage. If fairly be said to be ancillary to the body of its opinion, stating that ‘‘[m]any nonpostal is restricted to services collection, transmission, or delivery of of these services are clearly nonpostal in provided only to other government mail are postal services within the character.’’ 58 Thus, early on, the agencies, no other service could be meaning of § 3622.’’ 51 Among other Commission found that its jurisdiction ‘‘similar,’’ thereby making it things, the Commission found several did not extend to what it characterized meaningless. special user charges were not as nonpostal services, including in that Conceptually, under the OCA/CA’s jurisdictional, including the sale of rubric services other than those interpretation, the Commission would philatelic products, photocopy service, provided to other governmental be charged with recommending rates for record retrieval, the sale of postal agencies. OCA/CA would have the any service or product that is not related products, and vending stands Commission adopt a narrow definition provided exclusively to other and vending machines.52 In addition, of the term limited to services governmental agencies. Thus, they the Commission disclaimed jurisdiction performed by the Postal Service for would have the Commission over community type services, other government agencies. Any other recommend rates for miscellaneous specifically characterizing the provision service provided by the Postal Service minor services, such as photocopying, of notary public services as ‘‘clearly would, according to OCA/CA, be a as well as those having no evident non-postal.’’ 53 postal service and thus subject to the connection to the Postal Service’s core The Commission’s consideration of Commission’s rate and classification mission.60 The Commission does not box rentals (lockbox service) in Docket jurisdiction. read the statute so broadly. Had R76–1 merits particular mention The Commission is unpersuaded by Congress intended to define ‘‘postal because, in addition to arguing that the arguments advanced by OCA/CA.59 service’’ as urged by OCA/CA it would lockbox service was a special or similar To be sure, nonpostal includes services have been more explicit. Certainly, at a service wholly within its authority, the provided by the Postal Service for other minimum, Congress would have been Postal Service contended that box agencies, but even if limited as less obtuse than to do so by negative rentals were not ‘‘postal services’’ suggested by OCA/CA, the result would inference. within the meaning of section 3622.54 not cause all other activities to C. Postal Services Are Not Defined by The Postal Service argued that lockbox necessarily be considered postal. the Postal Service’s Interpretation of the service simply enabled a customer to Historically, the Postal Service has Term Nonpostal use Postal Service property pursuant to performed various minor, miscellaneous a rental agreement. It characterized services, including photocopying and At the other end of the spectrum, the lockboxes as ‘‘ ‘a premium service to any community type services (maintaining Postal Service’s support for the customer who, for his own convenience, bulletin boards and notaries public). proposition that it is authorized to desires more than basic free Any claim that these services were engage in unlimited commercial, delivery.’’’55 Furthermore, stating that postal would be tenuous at best. Rather, nonpostal activities is also the Commission’s authority ‘‘extends such services are provided more as a unconvincing.61 First, it argues that only to ‘postal services’’’ and convenience to postal patrons than as section 411 authorizes the provision of characterizing the complaint as limited commercial endeavors. Thus, for services involving other government to postal services, the Postal Service example, copying service may be agencies. The Postal Service contends asserted that the Commission lacked available in a post office lobby as a that since section 411 does not use the authority to hear the complaint.56 minor benefit to mailers, enabling them term nonpostal section 404(a)(6) must Rejecting the Postal Service’s argument, to copy miscellaneous papers prior to refer ‘‘at least to services other than the Commission found that box rentals mailing, e.g., tax returns. those encompassed by section 411.’’ 62 are closely related to the delivery of The result urged by OCA/CA, that any The Commission agrees that the two mail and, further, satisfy the criteria service provided by the Postal Service sections refer to different services. It established for jurisdictional special that is not nonpostal (under their does not follow, however, that the services.57 interpretation) would be subject to the Postal Service may unilaterally make In addition to its analysis in Docket Commission’s jurisdiction, cannot be available to the public whatever No. R76–1 Appendix F, the Commission reconciled with the Act. Section commercial service (or product) it may 404(a)(6) authorizes the Postal Service wish. 51 Id. at 3. ‘‘to provide, establish, change, or Section 411, which is entitled 52 Id. at 18–25. abolish special nonpostal or similar ‘‘Cooperation with Other Government 53 Id. at 25. The Commission also found that Agencies,’’ concerns the bilateral international ancillary services were beyond its services.’’ 39 U.S.C. 404(a)(6). OCA/ CA’s interpretation would render the arrangements between the Postal jurisdiction. Id. at 17. It did not substantively 63 address the final category, services for which a Service and other federal agencies. charge could be made. Id. at 25–26. 58 Id. at 266. 54 60 PRC Op. R76–1, Vol. 1 at 281–82. The Postal 59 To some degree, OCA/CA appear to operate Without prejudging the issue, but based on Service’s unilateral fee increase for box rentals was under the misimpression that the Commission has representations to date, the Unisite Antenna the subject of a separate complaint filed in July concluded that the Postal Service may engage in program, which involves leasing space for wireless 1975. See Complaint of Stephen Moses, Docket No. commercial nonpostal activities. See Joint Initial communications towers located on postal property, C76–1. In its answer to the complaint, the Postal Comments at 9. (‘‘Regrettably, therefore, OCA and would appear to be such an example. Service advanced similar arguments to those CA must ask the Commission to reconsider its 61 While the Commission’s jurisdiction does not considered and rejected by the court in ATCMU. determination that ‘nonpostal’ products and extend to nonpostal services, it is necessary to Docket No. C76–1 was terminated with the issues services can be commercial in nature.’’) In Order address the Postal Service’s interpretation because raised by the complaint transferred to the rate No. 1389, the Commission expressly took no of its jurisdictional implications concerning postal proceeding, Docket No. R76–1. PRC Order No. 85, position on the Postal Service’s claim that it had services. October 9, 1975. authority to provide commercial nonpostal services. 62 Comments of United States Postal Service on 55 PRC Op. R76–1, Vol. 1 at 282 (footnote PRC Order No. 1389, January 16, 2004, at 10. The Consumer Action Petition, supra, at 15. omitted). phrase ‘‘commercial nonpostal activities’’ was used 63 Section 411 provides as follows: ‘‘Executive 56 United States Postal Service Answer to in Order No. 1394 solely to clarify the term agencies within the meaning of section 105 of title Complaint, Docket No. C76–1, August 11, 1975, at ‘‘nonpostal service,’’ not as an acknowledgement of 5 and the Government Printing Office are 3–4. their validity. PRC Order No. 1394, March 5, 2004, authorized to furnish property, both real and 57 PRC Op. R76–1, Vol. 1, at 282–83. at 11. Continued

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These are services provided to or Congress was aware of the Postal Stating that it relies on more than received from other agencies. Support Service’s extensive history of providing ‘‘section 404(a)(6) to authorize the for this is found in the statute and these various nonpostal services. establishment of nonpostal services,’’ implementing regulations. Sections 403 The Postal Service’s assertion that the Postal Service alludes to its and 409 specifically reference section because Congress did not, in section ‘‘statutory mission and functions.’’ 69 As 411, providing examples of the types of 404(a)(6), ‘‘explicitly exclude any type support, the Postal Service cites bilateral arrangements permitted under of service,’’ 65 it may unilaterally engage generally to its ‘‘duty to provide mail the latter. For example, section 409(d) in whatever commercial, nonpostal services’’ and ‘‘incidental services provides that the ‘‘Department of Justice activities it chooses is utterly appropriate to its functions and in the shall furnish, under section 411 of this unconvincing. public interest.’’ 70 It concludes that title, the Postal Service such legal By the Postal Service’s logic, section ‘‘these provisions’’ authorize it ‘‘to representation as it may require[.]’’ 404(a)(6) authorizes it to engage in any develop mail and related services that Similarly, section 403(a) permits the type of commercial, nonpostal activity. contribute to a coherent, effective postal 71 Postal Service, pursuant to sections 406 Thus, it could operate, for example, system.’’ (concerning postal services at armed donut shops or car dealerships as they The foregoing is a confounding forces installations) and 411, to enter are obviously nonpostal. The Postal rationale for the proposition advanced. into arrangements concerning its duty to Service’s position, like that it espoused The Postal Service attempts to justify its receive, transmit, and deliver non- regarding special services, is premised expansive interpretation of its authority domestic armed forces mail. on a ‘‘curious construction’’ of the term to offer commercial, nonpostal services The regulations implementing section by reference to its postal duties and as well as the Act.66 411, 39 CFR 259.1, indicate that it is the authority. Its argument is not Postal Service’s policy to cooperate with Congress’ ‘‘failure’’ to ‘‘explicitly persuasive. The Postal Service’s other federal agencies when it will exclude any type of service’’ cannot undeniable authority to provide postal reduce the overall costs to the reasonably be interpreted as authorizing services, including related supporting government. For its part, the Postal the Postal Service to engage in an activities, cannot legitimately be read to Service states that assistance will be unlimited variety of commercial, expand its limited statutory authority to 67 provided ‘‘when the knowledge and nonpostal activities. Rather, against provide nonpostal services. The two are abilities of postal employees are the historical backdrop, it is the absence unconnected. helpful.’’ 39 CFR 259.1(a). It is notable of any authority to engage in services The Postal Service’s obligation to that the Postal Service uses the term other than traditional activities that is provide postal services has no bearing ‘‘nonpostal’’ to describe section 411 telling. Had Congress intended such a on its authority to provide nonpostal arrangements in its implementing sea change in the meaning of the term services. As a matter of policy, the regulations. 39 CFR 259.1(b). ‘‘The nonpostal surely it would have Postal Service is to be ‘‘operated as a Postal Service establishes reasonable elaborated on the point. It did not. And basic and fundamental service’’ and fees and charges for nonpostal services what scant legislative history exists ‘‘have as its basic function the performed for agencies of the Federal as supports a narrow reading of the term, obligation to provide postal services to well as State governments.’’ one consistent with the historical bind the Nation together through the ‘‘Nonpostal’’ fairly characterizes the perspective. personal, educational, literary, and nature of these services and its use in In discussing what became section business correspondence of the these regulations undercuts the Postal 404 of the Act, the House Report states: people.’’ 72 Its general duties include Service’s argument that the use of the ‘‘This section catalogs the specific planning, developing, promoting, and term ‘‘nonpostal’’ in section 404(a)(6), powers of the Postal Service, which providing adequate and efficient postal but not section 411, is significant. powers, in conjunction with the general services at reasonable rates.73 It has a Overwhelmingly, available powers granted in section [401], are to universal service obligation.74 It is information supports the conclusion be used to carry out postal service obliged to receive, transmit, and deliver that, at a minimum, nonpostal services duties.’’ 68 Significantly, there is no ‘‘written and printed matter, parcels, encompass services performed ‘‘mainly mention of expanding the Postal and like materials and provide such for other Government agencies (e.g., sale Service’s authority regarding nonpostal other services incidental thereto as it of documentary stamps, provision of services. Instead, the only emphasis finds appropriate to its functions and in custodial services for building space concerning the Postal Service’s powers the public interest.’’ 75 In addition, it is occupied by other Government is that they be ‘‘used in carrying out agencies).’’ 64 As discussed above, the postal service duties.’’ Plainly, nothing 69 Comments of United States Postal Service on Consumer Action Petition, supra, at 16. Postal Service has historically in section 404 or the legislative history 70 performed other public service-type Id. at 16–17. suggests that the Postal Service may 71 Id. at 17. services, which, while not performed for unilaterally undertake to offer a broad 72 39 U.S.C. 101(a) (emphasis added). See also another government agency, may range of services to the public. H.R. Rep. No. 91–1104, supra, at 3668. (‘‘The Postal reasonably be considered nonpostal in Service is—first, last and always—a public service.’’) nature. Surely, in passing the PRA, 65 Comments of United States Postal Service on 73 39 U.S.C. 403(a) (emphasis added). Consumer Action Petition, supra, at 15. 74 39 U.S.C. 101(a). 66 NAGCP I, supra, 569 F.2d at 596. personal, and personal and nonpersonal services to 75 39 U.S.C. 403(a) (emphasis added). In its 67 the Postal Service, and the Postal Service is It is the Postal Service’s assertion that it has argument above, the Postal Service excises the term authorized to furnish property and services to them. authority to engage in commercial, nonpostal ‘‘thereto’’ when referring to its authority to provide The furnishing of property and services under this services. The Commission takes no position on that incidental services. The omission is not section shall be under such terms and conditions, contention other than as relates to commercial, inconsequential. When read in context, the phrase including reimbursability, as the Postal Service and communication services (or products) or those ‘‘services incidental thereto’’ means that the the head of the agency concerned shall deem ancillary thereto which could, upon consideration, incidental, which is to say subordinate or appropriate.’’ be classified as postal. nonessential, services relate to the Postal Service’s 64 Kappel Commission Report, Annex II, at 6–7; 68 H.R. Rep. No. 1104, 91st Cong., 2nd Sess. 33 duty to provide mail services. This clause allows for id. at 6–9 and 6–10; see also Kappel Commission (1970), reprinted in 1970 U.S. Code Cong. & Admin. ancillary and mail-related activities, but it does not Report at 136–138; and section 2303(a)(3) of former News, Vol. 2, 3682 (hereinafter H.R. Rep. No. 91– authorize activities unrelated to providing postal title 39, Pub. L. 86–682, September 2, 1960. 1104 with page cites to U.S.C.C.A.N.). services.

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charged with, among other things, Postal Service elaborates on its assertion This one sentence, part of a larger providing types of mail service to meet regarding its authority to provide discussion summarizing the bill, is the public’s needs.76 commercial, nonpostal services, preceded by statements underscoring The Act also grants the Postal Service principally by quoting two sentences the Postal Service’s postal obligations, certain general and specific powers to from the House Report on H.R. 17070. namely to develop adequate and carry out these duties. The general Before examining those excerpts, two efficient postal service, to maintain its powers enable the Postal Service to preliminary observations are in order. universal service obligation, and to function as a business, an enumeration First, as a general matter, the Postal provide effective postal service in rural necessary since, under the Act, it would Service’s philosophy regarding and urban communities.86 It is followed no longer operate as an executive nonpostal services is that it ‘‘only immediately by a recitation of some of department of the federal government.77 develops products and services to meet the Postal Service’s specific powers, as The specific powers relate, for the most the needs of postal patrons[.]’’ 82 reflected in section 404 of the Act, part, to matters involving postal Assuming the Service is referring to notably however, without any reference operations, e.g., the handling of mail, postal patrons in their capacity as to its authority to provide special, payment of postage, the need for post consumers of postal products and not as nonpostal or similar services.87 Thus, in offices, and investigating postal a general description of all United States context, the quoted language is simply offenses.78 residents, the incongruity is apparent— part of an abbreviated recitation of the In contrast to the overriding emphasis products and services designed to meet Postal Service’s postal duties. Moreover, on the Postal Service’s obligations the demands of postal patrons would the specific language is nothing more regarding postal services, the Act appear, ipso facto, to be postal. than a variation of a basic purpose of the contains but two references to nonpostal Second, in its Report on Nonpostal bill, namely to ‘‘[e]nable the postal services, sections 404(a)(6) and Initiatives, the Postal Service again service to continue to provide—and 2003(b)(1).79 Certainly, Congress was alludes to its mandate regarding postal extend and improve upon—the present aware that historically the Postal services to support its unilateral offering quality and scope of postal service Service provided sundry nonpostal or of various ‘‘nonpostal’’ services. It ***.88 Thus, it was Congress’ nonmail services. Section 2303 of states: ‘‘To fulfill its universal service expectation that research and former title 39 specifically refers to mandate and mission, the Postal Service development would produce nonpostal services, illustratively citing must find ways to use existing resources improvements in the present and future 83 the sale of documentary stamps for the to generate new revenue.’’ This communications services provided to Department of the Treasury. As statement, by itself, is unobjectionable, postal patrons. chronicled by Cullinan, the Post Office but it does not justify the unilateral While only inferred by its comments, Department (POD), over time, performed offering of an unfettered range of the Postal Service apparently interprets numerous, miscellaneous nonpostal commercial services as nonpostal. In the the phrase ‘‘new services’’ to mean functions such as: Alien address final analysis, the Postal Service can nonpostal. If so, this construction is reporting, selling U.S. savings bonds, point to no statutory language wholly without support. The entire maintaining ‘‘wanted’’ posters issued by supporting its expansive view of the discussion is framed in terms of the 84 the Federal Bureau of Investigation, and term nonpostal. Postal Service’s postal obligations; there witnessing the marking of absentee The two excerpts from the House is no mention of its nonpostal authority, Report on H.R. 17070 are apparently even when the subject turns to the ballots.80 cited for the proposition that the Postal Postal Service’s specific powers; and When the POD offered a commercial Service can engage in whatever finally, it would suggest, contrary to the service unrelated to the mails it was nonpostal activities it may wish. As carefully crafted balance reflected in the based on specific congressional approbation, such reliance is misplaced. Act, that Congress granted the Postal authorization, namely by an amendment The Postal Service quotes the following Service carte blanche to engage in to its then-existing statutory authority. sentence as justifying its expansive whatever ‘‘new services’’ it may wish The principal example is the postal definition of the term nonpostal: ‘‘The without any opportunity for regulatory savings system, which Congress Postal Service is empowered to engage review or public input. established in 1910 and discontinued in in research and development programs Nor does the second passage from the 1966.81 In contrast, the PRA contains no directed toward the expansion of House Report provide any support for explicit authorization enabling the present postal services and development the Postal Service’s interpretation of the Postal Service to offer commercial, of new services responsive to the term nonpostal. The sentence relied on nonpostal services. evolving needs of the United States.’’ 85 reads as follows: ‘‘H.R. 17070 envisions In filings subsequent to its comments a national postal service that is forever on the petition in Docket *2003, the 82 Answer of the United States Postal Service, searching for new markets and new Docket No. C2004–2, April 26, 2004, Attachment A ways by which the communications 76 39 U.S.C. 403(b)(2). at 1. needs of the American people may be 77 39 U.S.C. 401. These general powers include, 83 Report on Nonpostal Initiatives, Docket *2003, served.’’ 89 This statement is included in for example, the power to sue and be sued, to March 10, 2003, at 1 (Report on Nonpostal contract, to determine its own system of accounts, Initiatives). a discussion concerning procedures for and to acquire property. 84 In a similar vein, the Postal Service’s desire ‘‘to changes in postal service under H.R. 78 39 U.S.C. 404. To the extent the Postal Service leverage its existing resources as efficiently as 17070, which provided for review of may rely on section 401(a)(10) for authority to possible’’ is entirely in keeping with its duties to such changes by the regulatory body, engage in commercial, nonpostal activities, the provide postal services and to operate in a more Commission believes such reliance to be misplaced. business-like fashion. But, again, under the Act, this 79 The latter provides that revenues from postal desire does not necessarily mean that it is free to 86 H.R. Rep. No. 91–1104, supra, at 3657. and nonpostal services are to be deposited in the undertake unilaterally to offer competitive, 87 Ibid. Postal Service Fund. commercial services. 88 Id. at 3650. 80 The United States Postal Service, supra, at 85 Report on Nonpostal Initiatives, supra, at 1; 89 Report on Nonpostal Initiatives, supra, at 1; 196–99. citing H.R. Rep. No. 1104, 91st Cong. 2nd Sess. 9 citing H.R. Rep. No. 1104, 91st Cong. 2nd Sess. 20 81 See Act of June 25, 1910, ch. 386, 36 Stat. 814 (1970) at 3657; see also Answer of the United States (1970) at 3668–69; see also Answer of the United and Act of March 28, 1966, 80 Stat. 92; see also The Postal Service, Docket No. C2004–2, April 26, 2004, States Postal Service, Docket No. C2004–2, April 26, United States Postal Service, supra, at 193–95. Attachment A at 1. 2004, Attachment A at 2.

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namely the Postal Regulatory Board.90 the Postal Rate Commission. We recognize elaboration, the Court’s observation that The discussion makes it clear that while and weigh heavily the congressional goal of ‘‘[t]he Postal Service does operate the Postal Service, as a public service, greater managerial flexibility, but also nonpostal lines of business, for which it should be operated ‘‘on a businesslike recognize another congressional purpose that is free to set prices independent of the basis,’’ H.R. 17070 provided a finds its incarnation in the Postal Rate Commission. The Commission’s existence Commission, and in which it may seek mechanism for public input in the form insures that an agency independent of the profits to offset losses in the postal of regulatory review. Postal Service will provide for public notice business.’’ 101 In establishing the Postal Service on a and hearing input of those affected by the The question presented in Flamingo businesslike basis, H.R. 17070 provides proposed action and full and on the record, Industries was whether the Postal significant assurance that the postal see 39 U.S.C. 3624(a), consideration of Service is a ‘‘person’’ under Federal management will in fact be responsive to the pertinent factors and congressionally antitrust laws. In holding that the Postal people to a greater degree than has heretofore imposed goals before certain types of Service is not a person separate from the been known. But in addition, H.R. 17070 decisions are made. United States itself, the Court relied, in contains specific provisions requiring In ceding its ratemaking authority, justification and review of changes in service. large measure, on the Service’s statutory Following procedures comparable to those Congress established procedures for the designation as ‘‘an ‘independent for proposed rate changes, operating review of Postal Service rate, establishment of the executive branch of management would submit proposals relating classification, and service changes. the Government of the United to changes in service to the Rate Board with Among other things, it was mindful of States.’’’102 In support of its conclusion, public notice and opportunity for comment. the need for the Commission to consider the Court cited the Postal Service’s The Board would have discretion as to competitive concerns.97 The Act thus ‘‘nationwide, public responsibilities’’ whether to hold public hearings. Written reflects a careful balance between submissions would be permitted in any that distinguish it from private case.91 allowing the Postal Service to operate in enterprise, including its breakeven a more business-like manner (and free of requirement, universal service Again, there is no suggestion in this politics) while affording the public obligation, and national security discussion (or elsewhere) that the ‘‘new reasonable protections, including the responsibilities. The Court also noted markets and new ways by which the opportunity for public input. In contrast that the Postal Service possesses powers communications needs of the America to this carefully constructed scheme, the more characteristic of Government than people may be served’’ refer to anything Postal Service interprets nonpostal private enterprise including its statutory other than postal services as they may expansively to justify the provision of monopoly, the power of eminent evolve over time.92 The heading for the any type of service to the public, domain, and the power to conclude entire discussion is ‘‘Procedures for commercial or not, that it classifies as international postal agreements.103 changes in postal service’’.93 Moreover, not postal. Section 404(a)(6) is simply Further, the Court observed that because that the ‘‘communications needs’’ refers too thin a reed to support such a the Postal Service lacked the power to to postal services is confirmed by the reading. It suggests that Congress would set prices, ‘‘[i]t lacks the prototypical House Report’s description of section be unconcerned with the competitive means of engaging in anticompetitive 101(a) of H.R. 17070, concerning the implications of putative nonpostal behavior.’’ 104 The Court concluded that ‘‘postal policy’’ underlying what became services, while, at the same time, it the Act.94 ‘‘[T]he United States Postal these ‘‘public characteristics and expressly considered them concerning responsibilities indicate [the Postal Service shall be operated as a basic postal matters. A fair reading of section communication service provided to all Service] should be treated under the 404(a)(6) within the context of the Act the people by the Government of the antitrust laws as part of the Government suggests that the term nonpostal has a United States[.]’’ 95 of the United States, not a market 105 Furthermore, the Postal Service’s more limited reach. participant separate from it.’’ construction is flawed for another D. Flamingo Industries Did Not Address The Court then proceeded to discuss reason. It fails to consider the the Meaning of the Term Nonpostal the Postal Service’s ‘‘nonpostal lines of business,’’ 106 an issue that arose only independent role reserved for the In their initial comments, OCA/CA Commission under the Act. In United because, in its brief to the Court, assert that the Supreme Court’s Flamingo Industries raised the collateral Parcel Service, supra, the court statements in Flamingo Industries 98 observed: 96 argument that the Postal Service was concerning nonpostal lines of business authorized to engage in commercial Management was vested in the Postal operated by the Postal Service and its 107 Service, rate and classification supervision in activities, citing section 404(a)(6). It predecessor the Post Office Department offered this argument, notably without are irrelevant to issues in this any analysis of the term nonpostal, in 90 H.R. Rep. No. 91–1104, supra, at 3668. proceeding.99 Among other things, 91 Ibid. Based on the record, the Board would support of its ultimate position that the issue an initial decision that would become final OCA/CA contend that the Court used Postal Service should be perceived as a unless modified or revoked by the Commission on the term ‘‘nonpostal’’ in a non-technical person subject to federal antitrust laws, Postal Costs and Revenues. sense and further that the authorities it contending that such activities 92 As with the prior excerpt, one can only infer cites do not support the statements demonstrate that the Postal Service that the Postal Service interprets the phrase ‘‘new made.100 In its Reply Comments, the markets and new ways’’ to mean nonpostal. For the operates like private industry in the reasons discussed above, if that is its position, it, Postal Service notes, without commercial world. too, is wholly unsupported. Examples of new markets and new ways to communicate were 97 See 39 U.S.C. 3622(b)(4) and (b)(5). 101 Postal Service Reply Comments, supra, at 6, manifest shortly after passage of the Act in the form 98 United States Postal Service v. Flamingo citing Flamingo Industries, slip op. at 10. of Electronic Computer Originated Mail and Industries (USA) Ltd., 540 U.S. 736 (2004) 102 Mailgrams. (Flamingo Industries). Flamingo Industries, slip op. at 9. 103 93 H.R. Rep. No. 91–1104, supra, at 3668 99 Joint Initial Comments at 13–15. Id. at 10. 104 (emphasis in original). 100 Id. at 13–14. Given their proposed definition Ibid. 94 Id. at 3671. of the term nonpostal, OCA/CA take issue with the 105 Ibid. 95 Ibid. Court’s statement that the Postal Service may set 106 Id. at 10–11. 96 United Parcel Service, supra, 455 F. Supp. at prices and earn profits on some products or services 107 See Brief for Respondents, Case No. 02–1290, 869. offered to the public. Id. at 14–15. September 15, 2003, at 22–23.

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The Court’s observations concerning initiatives that are not postal. As the basic communications service’’ can only the Postal Service’s ‘‘nonpostal lines of Commission has noted previously, it be fulfilled if the Postal Service can business’’ were not offered as lacks equitable powers to enjoin Postal avail itself, consistent with the Act, of dispositive of the meaning of the term Service actions. Thus, the lawfulness of technological innovations effecting nonpostal. Nor, parenthetically, does Postal Service’s nonpostal activities is communications. The Act does not the Postal Service contend this. Rather, not an issue before the Commission.110 require the Postal Service to ignore the observations, largely dicta in However, the prices for postal services innovations, and to remain, in essence, character, simply indicate that the must be set in accordance with section the equivalent to the best buggy whip (unspecified) lines of business do not 3624. manufacturer it can be. demonstrate that the Postal Service V. Definition of the Term Postal Service The House Report confirms that should be viewed as separate from the Congress envisioned that postal services Government under antitrust laws. Thus, Early consideration of what would change over time as influenced other than perhaps as suggested by constituted a ‘‘postal service’’ was by, among other things, technological, Pitney Bowes, Flamingo Industries has limited perforce to hard copy mail. economic, and social growth. In no bearing on issues before the That, after all, simply reflected the state reforming the then-existing postal Commission in this proceeding.108 of Postal Service operations at the time. system, Congress intended to ‘‘[c]reate a In sum, nothing in either the statute One of the issues now before the lasting foundation for a modern, or the legislative history provides Commission is whether services relying dynamic, and viable postal institution support for the Postal Service’s position. on new technology, such as electronic that is both equipped and empowered at Prior to the enactment of the PRA, the services, fall within the ambit of postal all times to satisfy the postal Post Office Department’s provision of services under the Act. As elaborated on requirements of the future miscellaneous nonpostal services was below, the Commission concludes that technological, economic, cultural, and well recognized. In the main, the Post those services in which the Postal social growth of the Nation.’’ 115 Office Department served as a surrogate Service receives, transmits, or delivers Comments by competitors raise for the government providing relatively correspondence constitute postal legitimate concerns about the Postal minor services unrelated to the mails. services. This conclusion is drawn from Service’s unilateral offering of Nor is it insignificant that the legislative the Act and its legislative history. commercial, ‘‘nonpostal’’ services.116 Section 403 sets out the general duties history of the Act contains no These comments demonstrate that many of the Postal Service, beginning with the substantive discussion of the term of these services have a substantial duty to ‘‘plan, develop, promote, and ‘‘nonpostal.’’ Against this considerable public effect. Congress envisioned that a provide adequate and efficient postal backdrop, it is unreasonable to suggest ‘‘modern, dynamic, and viable postal that the simple reference to ‘‘nonpostal’’ services at fair and reasonable rates and fees.’’ 111 It is required to ‘‘receive, institution’’ would satisfy the Nation’s in section 404(a)(6) can be read to postal needs by harnessing empower the Postal Service to offer transmit, and deliver * * * written and printed matter, parcels, and like technological and economic changes. In unilaterally to the public whatever short, not surprisingly, Congress service, commercial or otherwise, it materials and provide such other services incidental thereto as it finds anticipated that postal services would might wish. Such a reading is too at evolve over time. Moreover, by odds with the statute, legislative history, appropriate to its functions and in the public interest.’’ 112 Its responsibilities bifurcating the authority under the Act and historical operations to be credible. between the Commission and the Postal Had Congress intended something more, also include maintaining an efficient Service, Congress provided a it would have been explicit, as it was delivery system and providing types of mechanism to ensure that legitimate when it detailed the Postal Service’s service to meet the needs of different public interests would continue to be postal functions. users.113 Recognizing that the differences There are no limitations inherent in protected. As described by the court in between its and the Commission’s these broad general duties, or elsewhere United Parcel Service, supra, the interpretations may need to be resolved in the Act, which would suggest that the Commission ‘‘was designed as a sort of judicially, the Postal Service states that Postal Service should not consider sunshine mechanism to avoid undue until that happens the Commission technological advances when carrying political influence and to assure the ‘‘cannot authoritatively impose its own out its functions. Section 101(a) public is heard from and the public formulation and interpretation on the instructs that the Postal Service ‘‘shall interest represented before rate, Postal Service’s conduct[.]’’ 109 That is have as its basic function the obligation classification, and significant service 117 neither the intent nor purpose of the to provide postal services to bind the changes are made.’’ rule. The Commission properly is acting Nation together through the personal, The careful balancing of authorities to clarify the scope of its own educational, literary, and business between the Commission and the Postal jurisdiction. To reiterate, the Postal correspondence of the people.’’ In Service under the Act reflects Congress’ Service remains free to offer whatever describing this section, the House concern that the public be adequately services are consistent with its statutory Report states that the ‘‘Postal Service protected once congressional control of mandate. Nothing in the rule affects the shall be operated as a basic the Post Office Department was lawfulness of the Postal Service communications service provided to all relinquished. In light of the safeguards the people by the Government of the built into the Act, there was no pressing 108 In its comments, Pitney Bowes contends that United States[.]’’ 114 The policy that the need to define the term ‘‘postal service,’’ in reaching its conclusion that the Postal Service Postal Service is to be operated as ‘‘a particularly since, as discussed above, was not subject to federal antitrust laws the Court the entire thrust of the Act concerns the relied, in part, on the Commission’s role in 110 providing regulatory review of services and See, e.g., PRC Order No. 724, December 2, products offered by the Postal Service. Thus, 1986, at 11; PRC Order No. 1239, May 3, 1999, at 115 Id. at 3650. according to Pitney Bowes, ‘‘there is all the more 13. 116 See, e.g., Pitney Bowes Comments, supra, at 111 reason to assure that the Commission’s oversight 39 U.S.C. 403(a). 2–4, UPS Comments, supra, at 1–2, and Lifetime remains strong and effective.’’ Pitney Bowes 112 Ibid. Addressing Comments, supra, at 2. Comments, supra, at 3, n.1. 113 39 U.S.C. 403(b)(1) and (b)(2). 117 United Parcel Service, supra, 455 F. Supp. at 109 Postal Service Initial Comments at 4. 114 H.R. Rep. No. 91–1104, supra, at 3671. 869.

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Postal Service’s postal mission.118 The services. Accordingly, it is appropriate of a surface or air carrier.122 Moreover, need only arises now, as discussed in to utilize the statutorily derived terms. regarding its proposal, the Postal Order No. 1389, because the spate of The benefit of focusing on the Service maintained the position that E– recent services introduced unilaterally statutory functions of the Postal Service COM messages, while in electronic 123 by the Postal Service has created can be shown through the following form, were deemed ‘‘ ‘in the mails.’’’ uncertainty and controversy regarding hypothetical. Assume the Postal Service Similarly, concerning Mailing Online the postal character of those services. assigns every American a permanent e- Service, a Postal Service witness Codifying the term in the Commission’s mail address, and charges individuals characterized the bits of electronic data rules should alleviate those problems by an annual fee to access e-mails sent to that would ultimately be reduced to 124 providing guidance to the Postal Service those addresses. The Service would be hard copy messages ‘‘as mail pieces.’’ and the public concerning services that accepting, transmitting and delivering There are other contemporaneous are subject to sections 3622 and 3623 of business and personal correspondence. indications that the Postal Service has the Act. As a general matter, the Under the proposed definition this considered electronic service offerings Commission concludes that services would be a postal service, even though as an extension of traditional mail offered by the Postal Service that no tangible hard copy changed hands. services. For example, upon review of provide an alternative to more The private express statutes do not, and new products offered by the Postal Service, the General Accounting Office traditional mail services, such as should not apply to e-mail, but the reported that the Postal Service ‘‘views electronic communication services, Postal Service would be competing with its entry into the electronic commerce would fall within the proposed private firms and its own products in a market as an extension of its core definition. With that elaboration, the healthy industry, and its rates and fees business—the delivery of traditional Commission proposes to adopt new rule should be fair and nondiscriminatory. 5(s) to read as follows: Postal service mail. According to Service officials, means the receipt, transmission, or The terms of the proposed definition electronic mail has the same attributes delivery by the Postal Service of are easily understood and their meaning as traditional mail * * *.’’ 125 correspondence, including, but not clear. The term ‘‘receipt’’ is the act of The Postal Service use of technology limited to, letters, printed matter, and receiving something; ‘‘transmission’’ to develop new types of postal service like materials; mailable packages; or covers the act of transmitting, that is is entirely consistent with its statutory other services supportive or ancillary sending or conveying something to a mandate ‘‘to provide postal services to thereto. destination or recipient; and ‘‘delivery’’ bind the Nation together’’ by This definition employs statutorily is the act of transferring, turning over, ‘‘provid[ing] prompt, reliable, and linked terms descriptive of the Postal or making available the item(s) efficient services to patrons in all areas 126 Service’s duties and mission. The Postal transmitted to the recipient. ***.’’ The Postal Service’s central Service has a duty to plan, develop, and Collectively, these terms encompass the mission is to ‘‘plan, develop, promote, related activities associated with postal and provide adequate and efficient provide adequate and efficient postal 127 services. To fulfill that duty, it is services, e.g., acceptance, collection, postal services * * *.’’ Furthermore, required to ‘‘receive, transmit, and verification, and processing. it is instructed to ‘‘promote modern and deliver * * * written and printed It is appropriate to reflect electronic efficient operations’’ while refraining matter, parcels, and like materials[.]’’ 119 services in the definition of the term from any practice ‘‘which restricts the As its ‘‘basic function,’’ it is obligated postal service. Postal services have use of new equipment or devices which may reduce the cost or improve the ‘‘to provide postal services to bind the continually evolved over time with quality of postal services[.]’’ 128 Nation together through the personal, changes in technology. For example, Consistent with these mandates, the educational, literary, and business stagecoaches, which were initially used Postal Service has employed technology correspondence of the people.’’ 120 to transport the mails, were supplanted in the pursuit of more efficient and Neither its duties nor obligations are by railroads which, in turn, gave way to modern postal services. predicated on preconceived notions of trucks and airplanes. In considering the evolutionary effects of technology, the This rulemaking is not the what ‘‘postal services’’ might be. Nor are appropriate forum for the Commission they framed by reference to mail or the Commission has observed: 121 then existing mailstream, e.g., letters, It is not merely that these technological 122 Initial Brief of the United States Postal publications, etc. Rather, the statute advances provided for improved service, Service, Docket No. MC78–3, November 9, 1979, at uses generic terms to describe rather they gave rise to wholly new forms of 9. In that proceeding, the Postal Service argued that application of the Postal Service’s ‘‘postal service.’’ Examples include airmail ‘‘E–COM service fits squarely within the scheme of service, Express Mail services, as well as transmitting messages envisioned by the Postal mission to ‘‘correspondence’’ and Reorganization Act. * * * The E–COM proposal ‘‘written and printed matter, parcels, electronic mail. In addition, technology has given rise to many new types of special keeps pace with advances in technology * * * by and like materials.’’ As evidenced by the utilizing electronics to move mail, instead of postal services such as Confirm, and delivery utilizing [a surface or air carrier].’’ Ibid. legislative history, the statute and signature confirmation. anticipates the influence of 123 PRC Op. MC78–3, December 17, 1979, at 172 (footnote omitted). technological, economic, and social Indeed, the Postal Service has 124 Docket No. MC98–1, Tr. 7/1718. change on the provision of postal recognized the role of technology in 125 General Accounting Office Report, shaping the nature of postal services. Development and Inventory of New Products, GAO/ 118 This represents a marked contrast to postal Commenting on its Electronic Computer GGD–99–15 (November 24, 1998) at 36. See also 61 legislation currently pending before Congress. The Originated Mail (E–COM) proposal in FR 42,219 (1996) (Electronic services ‘‘will provide Senate bill, S. 2468, limits the term ‘‘postal service’’ security and integrity to electronic correspondence to physical deliveries whereas the House bill, H.R. Docket No. MC78–3, the Postal Service and transactions, giving them attributes usually 4341, employs the phrase ‘‘carriage of.’’ Both would characterized its entry into the associated with First-Class Mail.’’) delete current section 404(a)(6), with the Senate bill electronic mail field as ‘‘a natural 126 39 U.S.C. 101(a). appearing to preclude all such services other than progression of technology,’’ by using 127 39 U.S.C. 403(a); see also 39 U.S.C. 403(b)(2) under section 411, while the House bill would (The Postal Service shall ‘‘provide types of mail grandfather service provided as of May 12, 2004. ‘‘electronics to move the mail’’ instead service to meet the needs of different categories of 119 39 U.S.C. 403(a). mail and mail users.’’) 120 Id. § 101(a). 121 PRC Order No. 1389, January 16, 2004, at 8. 128 39 U.S.C. 2010.

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to address the jurisdictional status of but assuming that Post ECS service postage encoded on it. The card is no specific services, such as those included some wholly domestic longer offered for sale.140 Based on identified in Consumer Action’s transactions, all indications suggest that publicly available information, it would petition, that the Commission has not Post ECS would be a postal service appear that LibertyCash was designed to had an opportunity to consider fully. To under the new rule. In that proceeding, give postal patrons a different payment provide some guidance as to the the Commission did not find it option for purchasing postage or related application of the new rule, however, dispositive that service did not entail products. Recognizing that the outcome the Commission will, for illustrative hard copy mail.133 As the Commission would be dependent on the facts, two purposes, refer to several services no noted in Order No. 1239, ‘‘a colorable scenarios can be hypothesized for longer offered by the Postal Service. claim [was made] that [Post ECS service] illustrative purposes. On the one hand, In Docket No. C99–1, the complainant not only is very closely related to the the card may have properties analogous contended that the Postal Service was carriage of mail, it is the delivery of mail to an advance deposit account, some of providing a new service, Post Electronic because it accomplishes by electronic which are subject to an annual Courier Service (Post ECS), in violation means all the functions that would accounting fee recommended by the of the Act.129 Post ECS service, a pilot otherwise be performed by conveying a Commission. In that case, it likely program available only to licensees, physical message or document.’’ 134 would be viewed as an ancillary postal offered an all-electronic means of The Postal Service offers various ways service. On the other hand, the card may transmitting documents securely via the to receive and pay bills. These currently have characteristics more analogous to a Internet. Briefly, licensees could include First-Class Mail, Priority Mail, gift card, available to purchase Postal transmit documents to a Postal Service and Express Mail. Until earlier this year, Service merchandise (mugs, etc.) as well Electronic Commerce Server whereupon it also offered online payment services, as postage. In that event, it likely would the Postal Service would notify the consisting of USPS eBillPay, USPS Send not be considered an ancillary postal addressee by e-mail that the document Money, and USPS [email protected] service. was available at a specified URL These services were discontinued May address. To retrieve the document, the 1, 2004.136 VI. The Parties’ Comments Regarding addressee would access the site, enter USPS eBillPay enabled customers to the Proposed Rule the appropriate password, and, if receive, review, and pay their bills via The breadth of comments received in desired, download the document. the Postal Service’s Web site. The Postal response to the proposed rulemaking The Postal Service moved to dismiss Service described it as an all electronic was useful in the Commission’s the complaint arguing, first, that the service, except for any payments mailed deliberations. They range from a Commission lacked authority to at standard rates of postage.137 It would suggestion that the Commission do determine the status of the service as appear that USPS eBillPay operated nothing to one defining postal services either postal or nonpostal, and second simply as a surrogate for more based on a narrow meaning of the term that, even assuming the Commission traditional means of receiving and nonpostal. Each of the comments has had authority to determine the status of paying bills. Some payments utilized been carefully considered. In the final Post ECS service, the complaint should the mails. In this regard, there are analysis, the Commission determination be dismissed as beyond the obvious parallels to money orders, not to adopt either the proposed rule or Commission’s authority because the currently a jurisdictional special variations suggested by commenters is service is neither postal nor service. Thus, under the statute, based predicated on its conclusion that it domestic.130 The Commission denied on currently available information, this would be preferable to link the the motion, finding that its mail service would likely be considered a definition of the term ‘‘postal service’’ to classification authority empowered it to postal service.138 the Postal Service’s statutory duties review the status of services proposed or In the recent past, the Postal Service rather than by reference to specific 131 offered by the Postal Service. Nor was offered a stored value card, LibertyCash, activities that the Postal Service may or the Commission persuaded, based on for use in purchasing postage and may not perform. the record developed to that point, that related products. Consideration was also Of the seven sets of initial comments the service did not include domestic given to the possibility of using it as a received, four suggest revisions to the operations or that it was nonpostal. means to provide refunds to postal proposed rule. Each is addressed below. Ultimately, however, the issue whether customers.139 Apparently, the Postal Two of the remaining three commenters Post ECS was, or was not, a postal Service did not charge a separate fee for support the proposed rule, although for service was not reached as the the card, but only the value of the different reasons. In brief comments, the complaint was subsequently dismissed Parcel Shippers Association endorses 132 as moot. 133 PRC Order No. 1239, supra, at 15–21. the proposed rule, expressing its Recognizing that the proceeding 134 Id. at 19 (emphasis in original). support for the treatment of the delivery 135 concluded without benefit of a hearing, Report on Nonpostal Initiatives, supra, at 8– 141 9. of packages as a core postal service. 136 Pitney Bowes advocates that the Postal 129 http://www.usps.com/paymentservices/ See Complaint of United Parcel Service, _ Docket No. C99–1, October 5, 1998. UPS’s ops discontinued.htm; see also Update to Report on Service should focus on its core complaint was based on three claims: (a) That the Nonpostal Initiatives, Docket *2003, November 14, mission, which it describes as service may only be established pursuant to 2003. maintaining universal physical mail 137 sections 3622 and 3623 of the Act; (b) that the Report on Nonpostal Initiatives, supra, at 9. service.142 To the extent that the Postal provision of the service at no charge violates 138 Moreover, these efforts by the Postal Service sections 3622(b)(3) and 3622(b)(4); and (c) that Post to harness technology are precisely what the statute Service engages in non-core activities, ECS represents a change in the nature of postal has in mind with respect to postal services, namely Pitney Bowes argues that regulatory services affecting service on a nationwide or to plan, develop, and provide adequate and efficient oversight is imperative given the Postal substantially nationwide basis. postal services and to bind the nation together Service’s statutorily defined monopoly 130 Motion of the United States Postal Service to through, in these instances, business Dismiss, Docket No. C99–1, November 5, 1998. correspondence. The Commission’s rules provide 131 PRC Order No. 1239, May 3, 1999, at 12. various options for expedited review of such 140 Update to Report on Nonpostal Initiatives, 132 PRC Order No. 1352, November 6, 2002. The proposals. See 39 CFR 3001.67 et seq. and 3001.161 supra, at 1. Postal Service terminated Post ECS service and et seq. 141 PSA Comments at 1–2. moved to dismiss the complaint as moot. 139 Report on Nonpostal Initiatives, supra, at 5. 142 Pitney Bowes Comments at 1.

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and service obligation.143 While it ‘‘carriage of’’ terminology in the legislative reform is insufficient to would prefer a legislative solution to the definition of postal service would not dissuade the Commission from issue, Pitney Bowes endorses the serve to clarify its meaning. To the addressing this controversy. The need to proposed rule as sufficiently expansive extent the Postal Service was posing a define the term arises precisely because to ensure necessary regulatory definition that overly emphasizes the uncertainty exists whether what the oversight.144 delivery function, the definition Postal Service calls ‘‘initiatives’’ are The last of the remaining commenters, proposed herein avoids that concern. ‘‘postal services.’’ Those filing Lifetime Addressing, asserts that ‘‘[t]he Second, the Postal Service would complaints with the Commission public interest is best served by a broad eliminate reference to the maximum contesting this point are entitled to a definition of jurisdiction.’’ 145 In weight of packages, noting that the reasoned response. The proposed rule is addition, it contends that the proper statutory maximum was deleted in intended to provide guidance to the role for the Postal Service, as a 1982.153 It proposes that, in lieu of Postal Service and the public government entity, is to deliver physical including a set maximum weight limit, concerning services that fall within the mail, not to provide services available the definition simply refer to ‘‘mailable’’ ambit of sections 3622 and 3623 of the from the private sector.146 In its reply packages.154 This is a useful suggestion Act. comments, Lifetime Addressing urges and will be incorporated into the PostCom’s alternative proposal is the Commission to adopt a broad definition. The virtue of the proposal is designed to remove ‘‘electronic delivery definition of the term ‘‘postal service’’ to its simplicity. It incorporates the mechanisms’’ from the definition.160 protect the public interest and endorses concept of eligibility while eliminating Among other things, PostCom proposes the definitions proposed by OCA/CA.147 the need to make conforming changes to to substitute the term ‘‘transportation’’ Postal Service comments. the definition should the maximum for ‘‘transmission,’’ expressing concern Conceptually, the Postal Service does weight limit be revised subsequently.155 that ‘‘transmission’’ may be construed to not oppose including a definition of the Third, in a revision to the definition include electronic rather than only 161 term postal service in the Commission’s it originally proposed, the Postal Service physical delivery. The Commission rules, characterizing it as ‘‘a logical would delete reference to will not adopt PostCom’s proposed addition to the rules.’’ 148 The Postal ‘‘transmission.’’ 156 This revision was alternative definition. As discussed Service suggests the rule would be prompted by PostCom’s suggested above, the current statute contemplates improved if it referenced NAGCP I, alternative to the proposed rule. For the that the Postal Service will avail itself ostensibly to clarify that the effect of the reasons discussed below, the of technological advances in providing definition is ‘‘merely to restate Commission declines to adopt it. postal services. The term prevailing law.’’ 149 In addition, the PostCom comments. PostCom ‘‘transmission’’ derives from the statute Postal Service would define postal contends that the Commission should and has been used historically by the service to mean ‘‘the carriage of letters, not proceed with this rulemaking, citing Commission. Among its general duties, printed matter, or mailable packages, indications that the Postal Service may the Postal Service ‘‘shall receive, including acceptance, collection, have curtailed its ‘‘nonpostal’’ activities transmit, and deliver throughout the processing, delivery, or other services and potential legislative reform.157 United States, its territories and supportive or ancillary thereto.’’ 150 This Alternatively, it suggests a definition possessions, * * * written and printed alternative differs from the limiting postal services to physical matter, parcels, and like materials Commission’s in several respects. deliveries, ‘‘including acceptance, ***.’’ 39 U.S.C. 403(a). Furthermore, First, the Postal Service proposes to collection, verification, sorting and the Commission has employed the term define postal service in terms of transportation, and directly related ‘‘transmission’’ for almost 30 years. In ‘‘carriage of’’ mail rather than ‘‘delivery services and functions.’’ 158 Docket No. R76–1, the Commission of’’ mail, arguing that ‘‘as far back as The initial appeal of its argument that determined that special postal services Docket No. R76–1 * * * [the the Commission do nothing wanes on were those ‘‘ancillary to the collection, 162 Commission] has focused on the consideration.159 Doing nothing would transmission, or delivery of mail.’’ It ‘‘carriage of mail.’’ 151 The Commission perpetuate the status quo, a result that, is a standard invoked in other will not adopt this suggestion as it under the circumstances, is not in the proceedings as well. See PRC Order No. appears to overlook that the term public interest. Further, the mere 1128, July 30, 1996, at 10; PRC Order ‘‘carriage of mail’’ is shorthand for the prospect of relief via potential No. 1145, December 16, 1996, at 8; and collection, transmission, and delivery of PRC Order No. 1239, May 3, 1999, at 16 mail matter.152 Hence, including the which is ancillary to one or more of these three and 19. steps.’’ Ibid. Nor will the Commission adopt 153 Postal Service Initial Comments at 5. 143 Id. at 2–3. PostCom’s suggestion to substitute 154 Ibid. 144 Id. at 3–4. ‘‘directly related services and functions’’ 155 The same would not be the case concerning 145 for ‘‘other services supportive or Lifetime Addressing Comments at 2. PostCom’s proposed definition, which contains no 146 Ibid. reference to maximum weight or mailability. ancillary thereto.’’ While PostCom is 147 Lifetime Addressing Reply Comments at 2. PostCom Initial Comments at 4. PostCom’s mildly critical of the terms ‘‘ancillary’’ Lifetime Addressing filed a motion for late suggestion has rate and classification implications and ‘‘supportive,’’ it offers no support acceptance of its initial comments. Motion for Late and could, if adopted, create some confusion for the term ‘‘directly related’’ other Acceptance of Comments of Lifetime Addressing, concerning the eligibility to mail items in excess of Inc., March 16, 2004. The motion is granted. 70 pounds. than to assert that it is ‘‘more 148 Postal Service Initial Comments at 3. 156 Postal Service Reply Comments at 3. precise.’’ 163 Again, the terms used in 149 Id. at 4–5, citing NAGCP I, supra, 569 F.2d at 157 PostCom Initial Comments at 1–2. the proposed rulemaking trace to Docket 595–98. 158 Id. at 4. No. R76–1 where the Commission 150 Postal Service Reply Comments at 3. 159 In its reply comments, PostCom states its described special services as ancillary to 151 Postal Service Initial Comments at 5. belief that a comprehensive definition of the term 152 PRC Op. R76–1, Vol. 1, at 266, n.1. The use ‘‘postal services’’ can only be undertaken by 160 of the conjunctive does not imply that the term is Congress. PostCom Reply Comments at 1. Even PostCom Initial Comments at 4. contingent on all three functions being performed accepting this statement at face value, however, 161 Ibid. by the Postal Service. As the Commission does not negate the Commission’s responsibilities 162 PRC Op. R76–1, Vol. 2, Appendix F at 3. explained, ‘‘[a] special postal service is thus one under the current statute. 163 PostCom Initial Comments at 4–5.

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the collection, transmission, or delivery identifying a postal service and, in any public are the main determinant for of mail.164 Restating its conclusions, the event, is not free from ambiguity. A concluding that a service or product offered Commission described special services conclusion that a particular activity is a through a partnership arrangement that as ‘‘supportive or auxiliary’’ to the leverages the Postal Service’s ‘‘brand’’ is a postal service or not would be Chapter 36 ‘‘postal service.’’ 175 collection, transmission or delivery of dependent on a factual inquiry, e.g., (d) Electronic services. They advocate that mail because they enhance the value of whether the activity had a significant the rule explicitly state that services service of one of the substantive classes effect on an existing rate category, Postal provided in whole or in part by electronic of mail.165 Service revenues, or a competitor, etc. means are postal services.176 The Postal Service, which opposes This would appear to be a In its reply comments, the Postal PostCom’s suggestion, confirms that the problematic way to define the term Service ‘‘urges the Commission to Commission’s proposed language postal service. Interested persons would refrain from addressing the merits of ‘‘tracks the approach used consistently have to speculate how the Commission 166 CA/OCA’s arguments and conclusions for decades.’’ In sum, PostCom’s might view the nexus between the regarding any current or future Postal suggestion represents no improvement Postal Service activity and its impact on Service activities’’ cautioning that any over the long-used terms. other services, classes of mail, or attempt to do so ‘‘would be prejudicial, OCA/CA comments. As discussed entities. Because of this, it would be unwise, and potentially invalid.’’ 177 above, OCA/CA propose a revamped unlikely to reduce uncertainty, a major OCA/CA’s discussion of various definition of the term postal service goal of this rulemaking. services offered by the Postal Service is based on the view that postal services OCA/CA also propose to include a germane to consideration of the term are any service or product retailed by definition of the term nonpostal in the postal service. This does not mean, the Postal Service that is not provided Commission’s rules and further urge the however, that this rulemaking is the to another government entity. Commission not to employ the term appropriate forum for determining Accordingly, they propose to define ‘‘nonpostal’’ as proposed in a whether a specific service mentioned is postal service in terms of activities companion proceeding, Docket No. a postal service or not. Facts necessary undertaken by the Postal Service that, 171 RM2004–2. The Commission finds it to make that determination are not for example, significantly affect the cost unnecessary to define the term available on this record. Moreover, it is or value of existing services, put nonpostal in this proceeding. The need unclear which services or their significant Postal Service revenues at only arises under OCA/CA’s proposal permutations the Postal Service risk, or have a significant adverse effect because the term nonpostal defines, by continues to offer. on the existing market.167 They also negative implication, the term postal Nonetheless, the Commission propose that the Commission’s rules be service. Likewise, the request that the anticipates that the Postal Service will amended to include a definition of Commission refrain from using the term file the appropriate requests for a nonpostal service, namely, services nonpostal in proposed rule 54(h)(1)(i) recommended decision to the extent provided by the Postal Service on behalf need not be addressed in this that services of this type fall within the of other governmental agencies.168 In proceeding. The Commission will rule ultimately adopted.178 addition, OCA/CA discuss various consider that issue in Docket No. The Postal Service’s apparent services offered by the Postal Service, RM2004–2, where OCA/CA have also increasing use of alliances with private including de facto services, pilot tests, raised it. sector companies to provide services to strategic alliances, and electronic Finally, OCA/CA discuss other the public merits brief mention. Such services, which they believe should be services which they believe qualify as arrangements are not determinative of deemed to be postal services.169 postal services and urge the whether a service is or is not a postal OCA/CA list a set of conditions which Commission to encompass these would trigger a finding that a Postal service. That determination is services in its rules.172 They identify the dependent on the nature of the service Service activity is subject to sections following types of services: 3622 and/or 3623. For example, an provided. To the extent it substitutes for activity would be deemed a postal (a) De facto classification and service traditional mail service or is offered in service if one of the following changes implemented without a fulfillment of the Postal Service’s core recommended decision from the mission, it may reasonably be conditions applies: (a) It significantly Commission. As examples, OCA/CA cite a affects the intrinsic cost of an existing considered to be a postal service. new carrier pickup service and Electronic Illustratively, two examples may clarify class, subclass or rate category or the 173 Tracking Confirmation service. the point. Pay@Delivery, a service no relative costs of existing classes, (b) Pilot tests, described as experimental subclasses or rate categories; (b) it grants services, but including trials or other types of longer offered by the Postal Service, a significant preference to any person; tests. They suggest that the definition of the provided for the release of the buyer’s or (c) it deviates significantly from term postal service include ‘‘changes to the funds to the seller after delivery via established methods of providing a rates or terms of service for any mailer that Priority Mail is confirmed by Delivery service.170 This set of conditions offers, deviates from the classification language Confirmation. As a variation of collect contained in the DMCS or from the at best, a cumbersome means for on delivery, this service would appear evidentiary record that established the terms to have the hallmarks of a postal service. of service[.]’’ 174 164 On the other hand, any connection of PRC Op. R76–1, Vol. 2, Appendix F at 3. (c) Services provided through a strategic 165 PRC Op. R76–1, Vol. 1, at 266–67. While this alliance or contract with one or more parties. restatement uses the term ‘‘auxiliary,’’ an acceptable As an example, OCA/CA cite NetPost 175 Id. at 37. meaning of that term, as PostCom recognizes, is 176 CardStore. They contend that the Service’s Id. at 38–39. ancillary. See PostCom Initial Comments at 5. (‘‘The 177 Postal Service Reply Comments at 9. plain meaning of the term ‘ancillary’ implies ‘‘interactions and representations to the 178 Previously, the Postal Service evaluated postal services which are auxiliary or subordinate to other services in terms of processing of mail. A new postal services provided.’’) 171 Id. at 15. service not involving mail is characterized as 166 Postal Service Reply Comments at 2. 172 Id. at 6. nonpostal. Report on Nonpostal Initiatives at 4. 167 Joint Initial Comments at Appendix A. 173 Id. at 23–32. Implicitly, this evaluation is predicated only on 168 Ibid. 174 Id. at 34–35. They indicate that such changes hard copy mail. The Postal Service should reassess 169 Id. at 6–8; 23–39. would constitute de facto classification changes its conclusions in light of the rule ultimately 170 Id. at Appendix A. subject to the Commission’s jurisdiction. Id. at 35. adopted herein.

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First-Class Phone Cards to postal service such comments expeditiously and DEPARTMENT OF COMMERCE would appear to be tenuous at best.179 thereafter amend its rules as may be United Parcel Service comments. UPS appropriate. National Oceanic and Atmospheric proposes that the term postal service be Administration defined to mean ‘‘the acceptance, Ordering Paragraphs collection, processing, transmission, or It is ordered: 50 CFR Part 648 delivery of letters, printed matter, or 1. The Commission proposes to [Docket No. 041108311–4311–01; I.D. packages weighing up to 70 pounds amend its Rules of Practice and 110204B] (including, but not limited to, partially Procedure by inserting new rule 5(s), 39 or wholly electronic services), and other CFR 3001.5(s) as follows: Postal service RIN 0648–AR52 services supportive or ancillary means the receipt, transmission, or Fisheries of the Northeastern United thereto.’’ 180 This proposal differs from delivery by the Postal Service of States; Proposed 2005, 2006, and 2007 that advanced by the Commission in correspondence, including, but not Fishing Quotas for Atlantic Surfclams, Order No. 1389 in two ways. First, UPS limited to, letters, printed matter, and Ocean Quahogs, and Maine Mahogany reads the Commission’s proposed like materials; mailable packages; or Ocean Quahogs definition as possibly contingent on other services supportive or ancillary actual delivery by the Postal Service. thereto. AGENCY: National Marine Fisheries Consequently, UPS would define postal 2. Interested persons may submit Service (NMFS), National Oceanic and service to encompass the various comments by no later than December Atmospheric Administration (NOAA), activities performed by the Postal 15, 2004. Reply comments may also be Commerce. Service, e.g., acceptance, transmission, filed and are due no later than January ACTION: Proposed rule. etc., to preclude the argument that such 12, 2005. services, if provided by the Postal 3. The Motion for Late Acceptance of SUMMARY: NMFS proposes quotas for the Service exclusive of delivery, are not Comments of Lifetime Addressing, Inc., Atlantic surfclam, ocean quahog, and postal services. Second, UPS would March 16, 2004, is granted. Maine mahogany ocean quahog fisheries explicitly include services that are for 2005–2007. Regulations governing 181 4. Proposed revisions suggested by either wholly or partially electronic. commenters not adopted herein are these fisheries require NMFS to publish UPS raises a valid, if largely deemed denied. the proposed specifications for the theoretical, point. Its alternative, 5. The Secretary shall arrange for 2005–2007 fishing years and seek public however, could be construed as overly comment on such proposed measures. broad. Entities other than the Postal publication of this Order in the Federal Register. The intent of this action is to propose Service collect, process, and transmit allowable harvest levels of Atlantic Dated: November 12, 2004. mail prior to its deposit with the Postal surfclams and ocean quahogs from the Service. The definition suggested by By the Commission. Exclusive Economic Zone and an UPS would expand the term postal Steven W. Williams, allowable harvest level of Maine service to include activities performed Secretary. mahogany ocean quahogs from Atlantic by entities, such as presort bureaus and waters north of 43 50’ N. lat. consolidators, not subject to the List of Subjects in 39 CFR Part 3001 Commission’s jurisdiction. Inserting the DATES: Comments must be received no Administrative practice and later than 5 p.m., eastern standard time, phrase ‘‘by the Postal Service’’ after the procedure, Postal service. term ‘‘delivery’’ would foreclose this on December 20, 2004. For the reasons discussed above, the construction and, as so modified, would ADDRESSES: Written comments on the Commission proposes to amend 39 CFR represent an improvement over the proposed specifications should be sent part 3001 as follows: definition proposed by the Commission. to: • In lieu of adopting this language, PART 3001—RULES OF PRACTICE Email /mailbox address: The however, the Commission concludes, AND PROCEDURE mailbox address for providing email for reasons previously discussed, that it comments is [email protected]. would be preferable to define the term 1. The authority citation for part 3001 Include in the subject line of the email postal service based on statutorily continues to read as follows: the following document identifier: derived terms. Authority: 39 U.S.C. 404(b); 3603; 3622– ‘‘Comments on Surfclam/Ocean Quahog 24; 3661, 3663. Proposed Specifications.’’ VII. Comments • Federal e-Rulemaking Portal: Because it declines to adopt either its Subpart A—Rules of General www.Regulations.gov initially proposed rule or those Applicability • Mail address for mailing paper,disk, suggested by any commenter, the or CD-ROM comments: Patricia A. Commission concludes that it would be 2. Amend § 3001.5 by adding new Kurkul, Regional Administrator, appropriate to provide any interested paragraph(s) to read as follows: Northeast Region, NMFS, One person an opportunity to comment on § 3001.5 Definitions. Blackburn Drive, Gloucester, MA the revised proposed rule. Accordingly, 01930–2298. Mark on the outside of the * * * * * comments are due December 15, 2004. envelope,‘‘Comments on Surfclam/ Reply comments may be filed on or (s) Postal service means the receipt, Ocean Quahog Proposed before January 12, 2005. It is the transmission, or delivery by the Postal Specifications.’’ Commission’s expectation to review Service of correspondence, including, • Fax number: Facsimile (fax) to (978) but not limited to, letters, printed 281–9135. Comments on this proposed 179 As the name suggests, this card is simply a matter, and like materials; mailable rule may be submitted via email. prepaid phone card. The card, which is a product packages; or other services supportive or Copies of supporting documents, of an alliance between the Postal Service and ancillary thereto. AT&T, is sold at postal facilities. including the Environmental 180 UPS Comments at 2. [FR Doc. 04–25567 Filed 11–17–04; 8:45 am] Assessment, Regulatory Impact Review, 181 See id. at 2–4. BILLING CODE 7710–FW–P Initial Regulatory Flexibility Analysis

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(EA/RIR/IRFA), and the Essential Fish management unit and provided that a NMFS is taking this opportunity to Habitat Assessment, are available from small artisanal fishery for ocean implement clarifications to the Atlantic Daniel Furlong, Executive Director, quahogs in the waters north of 43° 50′ surfclam and ocean quahog regulations. Mid-Atlantic Fishery Management N. lat. has an annual quota with an Sections 648.70(a), and 648.71(a) and Council, Room 2115, Federal Building, initial amount of 100,000 Maine bu (a)(2), removes references to the dates 300 South New Street, Dover, DE (35,240 hectoliters (hL)) within a range on which the initial allocation of 19904–6790. A copy of the EA/RIR/ of 17,000 to 100,000 Maine bu (5,991 hL surfclams and ocean quahogs shall be IRFA is accessible via the Internet at to 35,240 hL). As specified in determined, and removes references to http:/www.nero.gov/ro/doc/nr.htm. Amendment 10, the Maine mahogany the dates on which the proposed and FOR FURTHER INFORMATION CONTACT: ocean quahog quota is allocated final rules for the annual specifications Brian R. Hooker, Fishery Policy Analyst, separately from the quota specified for must be specified and published in the 978–281–9220. the ocean quahog fishery. Regulations Federal Register by the Regional SUPPLEMENTARY INFORMATION: The implementing Amendment 13 to the Administrator. References to these dates Fishery Management Plan for the FMP (68 FR 69970, December 16, 2003) are not necessary in regulatory text. Atlantic Surfclam and Ocean Quahog established the ability to set multi-year Additionally, a latitudinal coordinate Fisheries (FMP) requires that NMFS, in quotas. An evaluation, in the form of an identifying the ‘‘Boston Foul Ground’’ consultation with the Mid-Atlantic annual quota recommendation paper, in section § 648.73(a)(1) is corrected Fishery Management Council (Council), will be conducted by the Council every through re-insertion of a digit that was specify quotas for surfclams and ocean year to determine if the multi-year quota dropped in a previous rulemaking. quahogs on an annual basis from a range specifications remains appropriate. The These administrative revisions are that represents the optimum yield (OY) fishing quotas must be in compliance minor, non-substantive changes and do for each fishery. It is the policy of the with overfishing definitions for each not change operating practices in the Council that the levels selected allow species. In proposing these quotas, the fishery. sustainable fishing to continue at that Council considered the available stock The proposed quotas for the 2005– level for at least 10 years for surfclams assessments, data reported by harvesters 2007 Atlantic surfclam, ocean quahog, and 30 years for ocean quahogs. In and processors, and other relevant and Maine mahogany ocean quahog addition to this constraint, the Council information concerning exploitable fisheries are shown in the table below. policy also considers the economic biomass and spawning biomass, fishing The status quo level of 2004 for Maine impacts of the quotas. Regulations mortality rates, stock recruitment, ocean quahog and surfclams is proposed implementing Amendment 10 to the projected fishing effort and catches, and to be maintained for 2005–2007, but the FMP (63 FR 27481, May 19, 1998), areas closed to fishing. This information ocean quahog quota would be increased added Maine ocean quahogs (locally was presented in a written report incrementally by 20 percent over the known as mahogany quahogs) to the prepared by the Council staff. three-year period. PROPOSED 2005–2007 SURFCLAM/OCEAN QUAHOG QUOTAS1

2005 2006 2007 bu hL bu hL bu hL

2Surfclams ...... 3.400 1.810 3.400 1.810 3.400 1.810 2Ocean Quahogs ...... 5.333 2.840 5.666 3.016 6.000 3.194 3Maine Ocean Quahogs ...... 100,000 35,240 100,000 35,240 100,000 35,240 1 Numerical values in table are in millions 2 1 bushel = 1.88 cubic ft. = 53.24 liters 3 1 bushel = 1.2445 cubic ft. = 35.24 liters

Surfclams current demand for clam products is maximum allowable quota under the In 1999, the Council expressed its very strong, with processors describing FMP. an inability to fill all orders due to a intention to increase the surfclam quota Ocean Quahogs to OY over a period of 5 years (OY = 3.4 lack of clams. However, information million bushels (181 million L)). The reported by industry in their vessel trip The 2005–2007 quotas for ocean proposed 2005–2007 status quo reports has shown a steady reduction in quahogs, which reflect a 20–percent surfclam quota was developed after the landings per unit of effort (LPUE), increase above status quo, are based on reviewing the results of the 37th an important indicator that the annual results from the 2004 assessment Northeast Regional Stock Assessment quota is approaching the OY for the conducted by the 38th Northeast Workshop (SAW 37) for surfclams, held resource. Another factor in the low Regional Stock Assessment Workshop in 2003. This recommendation is LPUE is that the majority of the (SAW 38) for ocean quahogs, held in consistent with the following SAW 37 surfclam catch continues to be derived January 2004. The assessment for ocean recommendation: ‘‘Although the stock is from one area (northern New Jersey). quahogs found that the current biomass above Bmsy, uncertainty in the current Based on the information and advice is high, and the resource surveyed from level of and future trend in biomass from the most recent assessment for southern New England to southern suggest that substantial increases in surfclams, the Council is Virginia is not overfished and catch levels are not advised.’’ recommending, and NMFS is proposing, overfishing is not occurring as of the Furthermore, as of the 2002 fishing year to maintain the status quo for the 2005– 2002 fishing year. As a result, the the surfclam stock in the EEZ is not 2007 quotas of 3.4 million bushels (181 Council concluded that an increase in overfished and overfishing is not million L). This quota represents the the quota is warranted. An additional occurring. Industry reports that the reason for the recommended increase in

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ocean quahog quota over the next 3 and $865,204 per vessel for ocean preferred alternative of a 20 percent years is the continued low surfclam quahog harvesters. In the small artisanal increase over three years, an alternative quota in New Jersey state waters from fishery for ocean quahogs in Maine, 35 with a 20 percent (1.0 million bu (53.25 historically high levels. In response, the vessels reported harvests in the clam million L)) decrease, an alternative with Council wants to support increased logbooks, with an average value of the 2004 status quo of 5.0 million access to ocean quahogs. The best $139,890 per vessel. All of these vessels bushels (266.18 million L), and an scientific advice currently available fall within the definition of a small alternative with a 20 percent (1.0 suggests that an increase in quota would entity. The proposed rule would million bu (53.24 million L)) increase in be sustainable. Based on this advice, the maintain the 2004 status quo level for one year were analyzed. The minimum Council is recommending, and NMFS is the surfclam quota, increase the ocean allowable quota specified in the current proposing, an ocean quahog quota for quahog quota by 20 percent over three OY range is 4.000 million bu (212.94 2005 of 5.333 million bushels (284 years, and maintain the 2004 status quo million L) of ocean quahogs. Adoption million L), a 2006 quota of 5.666 million level for the Maine ocean quahog quota. of a 4.0 million bu (212.94 million L) bushels (301.6 million L), and a 2007 The direct impacts of any quota quota would represent a 20 percent quota of 6.0 million bushels (319.4 adjustment would be felt by the entities million L). In addition, the Council is holding surfclam and/or ocean quahog decrease from the current quota. This recommending, and NMFS is proposing, quota allocations. The actual number of alternative would take the most no change to the Maine ocean quahog individuals or businesses holding the conservative approach to managing the quota from the 2004 level of 100,000 quota allocations will be lower than fishery that is currently available to the Maine bushels (35,240 hL). Amendment indicated below since each holder will Council, but would result in the fewest 10 to the FMP allows an annual quota often maintain multiple allocations. The economic benefits available to the ocean of 100,000 Maine bushels (35,240 hL), analysis of alternatives for each fishery quahog fishery. Given the current and specifies that a quota over 100,000 contains a ‘‘no action’’ alternative as biological status of the quahog resource, Maine bushels (35,240 hL) can be required by the National Environmental the Council concluded that a quota recommended only if a survey of the Policy Act. The ‘‘no action’’ alternatives reduction is not warranted. Adoption of Maine ocean quahog stock warrants would allow unlimited harvests from the 2004 status quo quota would have such an increase. However, a survey of the surfclam, ocean quahog, and Maine no impact on revenues for small this area has not been completed. ocean quahog resources, and would be entities. A 20 percent increase in quota The Atlantic surfclam and ocean in violation of National Standard 1 of in the first year would move directly to quahog quotas are specified in standard the Magnuson-Stevens Fishery the maximum quota allowed in the bushels of 53.24 L per bushel, while the Management and Conservation Act, thus FMP, and, if fully utilized would equate Maine mahogany ocean quahog quota is these alternatives are not discussed here to a $102,180 increase per allocation. specified in ‘‘Maine’’ bushels of 35.24 L as reasonable alternatives. However, the Council was concerned per bushel. Because Maine ocean The Council identified three surfclam that the industry does not currently quahogs are the same species as ocean quota alternatives in addition to the have a market available to absorb a large quahogs, both fisheries are assessed ‘‘no-action’’ alternative. The preferred increase in landings that quickly. alternative of 3.400 million bu (181 under the same ocean quahog Additionally, due to uncertainty in the million L) for 2005–2007, an alternative overfishing definition. When the two recent stock assessment the Council is with 45.6 percent decrease to 1.85 quota amounts (ocean quahog and recommending a gradual increase, with Maine ocean quahog) are added, the million bu (98.49 million L), and an annual reviews to confirm its total allowable harvest is still lower alternative with a 4.4 percent decrease appropriateness. Although two than the level that would result in to 3.25 million bu (173.02 million L) alternatives would allow for increased overfishing for the entire stock. were analyzed. The minimum allowable quota specified in the current OY range revenues, the Council recommends a Classification is 1.850 million bu (98.5 million L) of gradual 20 percent increase over three This action is authorized by 50 CFR surfclams. A 45.6 percent reduction in years, rather than the 20 percent part 648 and has been determined to be quota of would have a substantially increase in the first year. not significant for purposes of Executive negative impact on overall ex-vessel The quota for Maine mahogany ocean Order 12866. revenues equaling a $215,363 decrease quahogs is specified at a maximum The Council prepared an IRFA in per allocation. Adoption of the 4.4 100,000 bu (35,240 hL). The FMP section 8.0 of the RIR that describes the percent decrease in quota would specifies that upward adjustments to the economic impacts this proposed rule, if represent a $20,781 reduction per quota would require a scientific survey adopted, would have on small entities. allocation. However, given the current and stock assessment of the Maine A description of the action, why it is biological status of the surfclam mahogany ocean quahog resource. resource, the Council does not believe being considered, the objectives and the However, no survey or assessment has legal basis for this action are contained that a quota reduction is warranted at been conducted. The Council in the SUPPLEMENTARY INFORMATION this time. In summation, the Council considered two alternative quotas for section of this Proposed Rule. This determined that the 45.6 percent the Maine mahogany ocean quahog action does not duplicate, overlap, or reduction would significantly negatively conflict with any other Federal rules. A impact revenues and a smaller 4.4 fishery, in addition to the preferred summary of the IRFA follows: percent reduction is not warranted as alternative of 100,000 Maine bushels the stock is not overfished and (35,240 hL), including 50,000 Maine Vessels overfishing is not occurring. The bushels and 92,500 Maine bushels In 2003, a total of 50 vessels reported preferred alternative is the 2004 status (17,620 and 32,596 hL). Any quota the harvesting surfclams or ocean quahogs quo, thus it would have no impact on Council would have recommended from Federal waters under an Individual revenues. below the 1999 landing level of 93,938 Transferable Quota (ITQ) system. The Council analyzed four ocean Maine bu (33,104 hL) would have Average 2003 gross income for surfclam quahog quota alternatives in addition to resulted in a decrease in revenues to harvesters was $1,089,417 per vessel, the ‘‘no-action’’ alternative. The individual vessels.

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Processors PART 648—FISHERIES OF THE regulations will be specified for a 3–year NORTHEASTERN UNITED STATES period by the Regional Administrator. In 2003, there were 9 processors that The initial 3–year specification will be participated in the surfclam and ocean 1. The authority citation for part 648 based on the most recent available quahog fisheries, plus 10 companies continues to read as follows: survey and stock assessments for that bought ocean quahogs directly from Authority: 16 U.S.C. 1801 et seq. Atlantic surfclams and ocean quahogs. vessels from within the State of Maine. 2. In § 648.70, paragraph (a)(1) is Subsequent 3–year specifications of the Of the nine processors, approximately revised to read as follows: annual quotas will be accomplished in six are responsible for the vast majority the third year of the quota period, of purchases in the ex-vessel market and § 648.70 Annual individual allocations. unless the quotas are modified in the sale of processed clam products in (a) * * * interim pursuant to § 648.71(b). The appropriate wholesale markets. Impacts (1) Each fishing year, the Regional amount of surfclams available for to surfclam and ocean quahog Administrator shall determine the harvest annually must be specified processors would most likely mirror the initial allocation of surfclams and ocean within the range of 1.85 to 3.4 million impacts of the various quotas to vessels quahogs for the next fishing year for bu (98.5 to 181 million L) per year. The as discussed above. Revenues earned by each allocation holder owning an amount of ocean quahogs available for processors would be derived from the allocation pursuant to paragraph (a)(2) harvest annually must be specified wholesale market for clam products, of this section. For each species, the within the range of 4 to 6 million bu and since a large number of substitute initial allocation for the next fishing (213 to 319.4 million L). year is calculated by multiplying the products (i.e., other food products) are * * * * * allocation percentage owned by each available, the demand for processed allocation owner as of the last day of the (2) Public review. Based on the clam products is likely to be price- previous fishing year in which recommendation of the MAFMC, the dependent. allocation owners are permitted to Regional Administrator shall publish Allocation Holders permanently transfer allocation proposed surfclam and ocean quahog percentage pursuant to paragraph (b) of quotas in the Federal Register. As of September 2004, surfclam this section (i.e., October 15 of every Comments on the proposed annual allocation holders totaled 82, while 56 year), by the quota specified by the quotas may be submitted to the Regional firms or individuals held ocean quahog Regional Administrator pursuant to Administrator within 30 days after allocation. If the recommended quotas § 648.71. The total number of bushels of publication. The Assistant are accepted, i.e., status quo for allocation shall be divided by 32 to Administrator shall consider all surfclams, a 20 percent increase over determine the appropriate number of comments, determine the appropriate three years for ocean quahogs, and no cage tags to be issued or acquired under annual quotas, and publish the annual change from the 2003 quota for Maine § 648.75. Amounts of allocation 0.5 or quotas in the Federal Register each mahogany ocean quahogs, it is likely smaller created by this division shall be year. The quota shall be set at that that impacts to allocation holders or rounded downward to the nearest whole amount that is most consistent with the buyers would be minimal. number, and amounts of allocation objectives of the Atlantic Surfclam and Theoretically, increases in quota would greater than 0.5 created by this division Ocean Quahog FMP. The Regional most likely benefit those who purchase shall be rounded upward to the nearest Administrator may set quotas at quota (through lower prices (values)) whole number, so that allocations are quantities different from the MAFMC’s and negatively impact sellers of quota specified in whole cages. These recommendations only if he/she can because of reduction in value. Decreases allocations shall be made in the form of demonstrate that the MAFMC’s in quota would most likely have an an allocation permit specifying the recommendations violate the national opposite effect. allocation percentage and the allocation standards of the Magnuson-Stevens Act in bushels and cage tags for each and the objectives of the Atlantic Reporting and Recordkeeping species. An allocation permit is only Surfclam and Ocean Quahog FMP and Requirements valid for the entity for which it is other applicable law. issued. Such permits shall be issued on 4. In § 648.73, paragraph (a)(1) is This proposed rule would not impose or before December 15, to allow revised as follows: any new reporting, recordkeeping, or allocation owners to purchase cage tags other compliance requirements. from a vendor specified by the Regional § 648.73 Closed areas. Therefore, the costs of compliance Administrator pursuant to § 648.75(b). (a) * * * would remain unchanged. * * * * * (1) Boston Foul Ground. The waste Dated: November 12, 2004. 3. In § 648.71, paragraphs (a) disposal site known as the ‘‘Boston Foul Rebecca Lent, introductory text and (a)(2) are revised Ground’’ and located at 42° 25′36″ N. Deputy Assistant Administrator for as follows: lat., 70° 35′00″ W. long., with a radius Regulatory Programs, National Marine § 648.71 Catch quotas. of 1 nautical mile in every direction Fisheries Service. (a) Establishing quotas. Beginning in from that point. For the reasons set out in the 2005, the amount of surfclams or ocean * * * * * preamble, 50 CFR part 648 is proposed quahogs that may be caught annually by [FR Doc. 04–25640 Filed 11–17–04; 8:45 am] to be amended as follows: fishing vessels subject to these BILLING CODE 3510–22–S

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Notices Federal Register Vol. 69, No. 222

Thursday, November 18, 2004

This section of the FEDERAL REGISTER the Agricultural Research Service Please state that your comment refers to contains documents other than rules or receives written evidence and argument Docket No. 03–101–2. proposed rules that are applicable to the which establishes that the grant of the • E-mail: Address your comment to public. Notices of hearings and investigations, license would not be consistent with the [email protected]. Your committee meetings, agency decisions and requirements of 35 U.S.C. 209 and 37 comment must be contained in the body rulings, delegations of authority, filing of petitions and applications and agency CFR 404.7. of your message; do not send attached statements of organization and functions are files. Please include your name and Richard J. Brenner, address in your message and ‘‘Docket examples of documents appearing in this Assistant Administrator. section. No. 03–101–2’’ on the subject line. [FR Doc. 04–25601 Filed 11–17–04; 8:45 am] • Agency Web site: Go to http:// BILLING CODE 3410–03–P www.aphis.usda.gov/ppd/rad/ DEPARTMENT OF AGRICULTURE cominst.html for a form you can use to submit an e-mail comment through the Agricultural Research Service DEPARTMENT OF AGRICULTURE APHIS Web site. Reading Room: You may read any Animal and Plant Health Inspection Notice of Federal Invention Available comments that we receive on this Service for Licensing and Intent To Grant docket in our reading room. The Exclusive License [Docket No. 03–101–3] Reading Room is located in room 1141 AGENCY: Agricultural Research Service, of the USDA South Building, 14th Street Environmental Impact Statement; USDA. and Independence Avenue SW., Petition for Deregulation of Genetically ACTION: Notice of availability and intent. Washington, DC. Normal Reading Room Engineered Glyphosate-Tolerant hours are 8 a.m. to 4:30 p.m., Monday SUMMARY: Notice is hereby given that Creeping Bentgrass through Friday, except holidays. To be U.S. Patent Numbers 6,475,527, issued AGENCY: Animal and Plant Health sure someone is there to help you, on November 5, 2002 and 6,761,911, Inspection Service, USDA. please call (202) 690–2817 before issued on July 13, 2004, both entitled ACTION: Notice of intent to prepare an coming. ‘‘Use of chlorate ion or preparations environmental impact statement and Other Information: You may view thereof for reduction of food borne proposed scope of study; reopening of APHIS documents published in the pathogens’’, are available for licensing comment period. Federal Register and related and that the U.S. Department of information, including the names of Agriculture, Agricultural Research SUMMARY: We are reopening the groups and individuals who have Service, intends to grant to Eka comment period for our notice that commented on APHIS dockets, on the Chemicals, Inc. of Marietta, Georgia, an advises the public that the Animal and Internet at http://www.aphis.usda.gov/ exclusive license to these patents. Plant Health Inspection Service intends ppd/rad/webrepor.html. DATES: Comments must be received to prepare an environmental impact FOR FURTHER INFORMATION CONTACT: Dr. within ninety (90) calendar days of the statement as part of its consideration of Susan M. Koehler, BRS, APHIS, 4700 date of publication of this Notice in the a petition received from Monsanto River Road Unit 147, Riverdale, MD Federal Register. Company and The Scotts Company for 20737–1238; (301) 734–4886. ADDRESSES: Send comments to: USDA, a determination of nonregulated status SUPPLEMENTARY INFORMATION: On April ARS, Office of Technology Transfer, for a glyphosate-tolerant creeping 14, 2003 APHIS received a petition 5601 Sunnyside Avenue, Room 4–1174, bentgrass (Agrostis stolonifera). This (APHIS Petition No. 03–104–01p) from Beltsville, Maryland 20705–5131. action will allow interested persons Monsanto Company (St. Louis, MO) and FOR FURTHER INFORMATION CONTACT: June additional time to prepare and submit The Scotts Company (Gervais, OR) Blalock of the Office of Technology comments. We are also announcing our (Monsanto/Scotts), requesting Transfer at the Beltsville address given intent to hold a public meeting to deregulation of a creeping bentgrass above; telephone: (301) 504–5989. promote further public involvement in (Agrostis stolonifera L., synonym A. SUPPLEMENTARY INFORMATION: The the development of the environmental palustris Huds.) that has been Federal Government’s patent rights to impact statement. The location and date genetically engineered for tolerance to these patents are assigned to the United of the public meeting will be announced the herbicide glyphosate. The States of America, as represented by the in a future issue of the Federal Register. Monsanto/Scotts petition states that the Secretary of Agriculture. It is in the DATES: We will consider all comments subject creeping bentgrass, designated public interest to so license these that we receive on or before December as event ASR368, should not be patents as Eka Chemicals, Inc. of 2, 2004. regulated by APHIS because it does not Marietta, Georgia has submitted a ADDRESSES: You may submit comments present a plant pest risk. (The petition complete and sufficient application for by any of the following methods: is available on the Internet at http:// a license. The prospective exclusive • Postal Mail/Commercial Delivery: www.aphis.usda.gov/brs/aphisdocs/ license will be royalty-bearing and will Please send four copies of your 03_10401p.pdf.) comply with the terms and conditions comment (an original and three copies) In a notice published in the Federal of 35 U.S.C. 209 and 37 CFR 404.7. The to Docket No. 03–101–2, Regulatory Register on January 5, 2004 (69 FR 315– prospective exclusive license may be Analysis and Development, PPD, 317, Docket No. 03–101–1), APHIS granted unless, within ninety (90) days APHIS, Station 3C71, 4700 River Road announced the receipt of the Monsanto/ from the date of this published Notice, Unit 118, Riverdale, MD 20737–1238. Scotts petition and solicited comments

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on whether the subject creeping comments received on our September DEPARTMENT OF AGRICULTURE bentgrass would present a plant pest 24, 2004, notice of intent; and the risk. We solicited comments concerning comments received at the future public Foreign Agricultural Service our notice for 60 days, ending March 5, meeting in developing a final scope of 2004. study and in preparing the draft EIS. Trade Adjustment Assistance for On September 24, 2004, APHIS When the draft EIS is completed, we Farmers published in the Federal Register (69 will publish a notice in the Federal AGENCY: Foreign Agricultural Service, FR 57257 57260, Docket No. 03–101–2) Register announcing its availability and USDA. a notice advising the public of our inviting the public to comment on it. decision to prepare an environmental Following our consideration of the ACTION: Notice. impact statement (EIS) as part of our comments received, APHIS will prepare consideration of petition 03–104–01p. a final EIS; its availability will also be The Administrator, Foreign Our decision was based on several announced in the Federal Register Agricultural Service (FAS), re-certified factors: (1) Data associated with the along with a 30-day public comment the trade adjustment assistance (TAA) petition, (2) a report prepared by the period, after which the Record of petition that was filed by the South Weed Science Society of America on the Decision will be issued. Carolina Shrimpers’ Association and the weed management implications South Carolina Growers Association on associated with the potential Done in Washington, DC, this 12th day of behalf of shrimpers and shrimp farmers. November 2004. deregulation and commercialization of The petition was initially certified on glyphosate-tolerant and glufosinate- Elizabeth E. Gaston, November 10, 2003. Shrimpers and tolerant creeping bentgrass varieties, (3) Acting Administrator, Animal and Plant shrimp farmers who market their catch our preliminary risk assessment Health Inspection Service. in South Carolina will be eligible to (available on the Internet at http:// [FR Doc. E4–3249 Filed 11–17–04; 8:45 am] apply for fiscal year 2005 benefits www.aphis.usda.gov/brs/aphisdocs/ BILLING CODE 3410–34–P during a 90-day period beginning on 03_10401p.pdf), and (4) public November 29, 2004. The application comments received in response to our period closes on February 28, 2005. DEPARTMENT OF AGRICULTURE January 5, 2004, notice. SUPPLEMENTARY INFORMATION: Upon Pursuant to the regulations of the Foreign Agricultural Service investigation, the Administrator Council on Environmental Quality in 40 determined that continued increases in CFR 1501.4(d), APHIS has initiated the Trade Adjustment Assistance for imports of like or directly competitive scoping process as mandated by Farmers products contributed importantly to a National Environmental Policy Act of decline in the average landed price of 1969 (NEPA), as amended (42 U.S.C. AGENCY: Foreign Agricultural Service, shrimp in South Carolina by 40.9 4321 et seq.), beginning with the USDA. percent during the 2003 marketing January 5, 2004, Federal Register notice. ACTION: Notice. period (January–December 2003), The comment period for our September compared to the 1997–2001 base period. 24, 2004, notice of intent closed on The Administrator, Foreign Eligible producers may request October 24, 2004. We are reopening the Agricultural Service (FAS) today comment period for an additional 2 technical assistance from the Extension accepted petitions filed by the Louisiana weeks from the date of this notice to Service at no cost and receive an Shrimp Association, P.O. Box 1088, give interested parties additional time to adjustment assistance payment, if Grand Isle, Louisiana 70358, for trade respond. We will also consider all certain program criteria are satisfied. adjustment assistance. The association comments we received between the Producers in fiscal year 2005 who did represents shrimpers in the state of October 24, 2004, close of the original not receive technical assistance under Louisiana. The Administrator will comment period and the date of this the fiscal year 2004 TAA program must determine within 40 days whether or notice. obtain the technical assistance from the APHIS has also decided to hold a not imports of shrimp and prawns Extension Service by May 31, 2005, in public meeting to encourage additional contributed importantly to a decline in order to be eligible for financial public participation in the EIS scoping domestic producer prices of 20 percent payments. process. The date and location of the or more during the marketing period Producers of raw agricultural public meeting will be announced on beginning January 2003 and ending commodities wishing to learn more the APHIS Web site (http:// December 2003. If the determination is about TAA and how they may apply www.aphis.usda.gov/brs/ positive, all shrimpers who land and should contact the Department of brs_meetings.html) and in a future market their shrimp in Louisiana will be Agriculture at the addresses provided Federal Register notice. eligible to apply to the Farm Service below for General Information. Comments that provide information Agency for technical assistance at no Producers Certified as Eligible for relevant to the scope identified in the cost and for adjustment assistance TAA, Contact: Farm Service Agency September 24, 2004, Federal Register payments. service centers. notice or that identify other potentially FOR FURTHER INFORMATION CONTACT: For General Information About TAA, significant environmental issues or Jean-Louis Pajot, Coordinator, Trade Contact: Jean-Louis Pajot, Coordinator, alternatives that should be examined in Adjustment Assistance for Farmers, Trade Adjustment Assistance for the context of the EIS process would be FAS, USDA, (202) 720–2916, e-mail: Farmers, FAS, USDA, (202) 720–2916, especially helpful. All comments that [email protected]. e-mail: [email protected]. we received in response to the January 5, 2004, notice will be included as part Dated: November 4, 2004. Dated: November 8, 2004. of this scoping process and need not be A. Ellen Terpstra, A. Ellen Terpstra, resubmitted. We will fully consider all Administrator, Foreign Agricultural Service. Administrator, Foreign Agricultural Service. the comments received in response to [FR Doc. 04–25602 Filed 11–17–04; 8:45 am] [FR Doc. 04–25603 Filed 11–17–04; 8:45 am] the January 5, 2004, notice; the BILLING CODE 3410–10–P BILLING CODE 3410–10–P

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DEPARTMENT OF AGRICULTURE Office of Ocean and Coastal Resource held March 21–25, 2005. One public Management, National Ocean Service, meeting will be held during the week. Forest Service Commerce. The public meeting will be held on ACTION: Notice of intent to evaluate. Wednesday, March 23, 2005, at 7 p.m., Tehama County Resource Advisory at the Louisiana Department of Natural Committee SUMMARY: The NOAA Office of Ocean Resources, Griffon Room, LaSalle and Coastal Resource Management AGENCY: Forest Service, USDA. Building, 617 North Third Street, Baton (OCRM) announces its intent to evaluate ACTION: Rouge, Louisiana. Notice of meeting. the performance of the San Francisco The North Inlet/Winyah Bay National SUMMARY: The Tehama County Resource (California) Bay Conservation and Development Commission Coastal Estuarine Research Reserve, South Advisory Committee (RAC) will meet in Carolina, evaluation site visit will be Red Bluff, California. Agenda items to Management Program; the Louisiana Coastal Management Program; the North held January 31–February 4, 2005. One be covered include: (1) Introductions, public meeting will be held during the (2) Approval of Minutes, (3) Public Inlet/Winyah Bay National Estuarine Research Reserve, South Carolina; and week. The public meeting will be held Comment, (4) Selection of New on Tuesday, February 1, 2005, at 5:30 Chairman, (5) New Members Welcome, the Elkhorn Slough National Estuarine Research Reserve, California. p.m. at the Kimbel Lodge at Hobcaw (6) Review of Walk in the Woods Barony, Highway 17 North, Georgetown, Project, (7) General Discussion, (8) Next The Coastal Zone Management South Carolina. Agenda. Program evaluations will be conducted DATES: The meeting will be held on pursuant to section 312 of the Coastal The Elkhorn Slough National December 9, 2004 from 9 a.m. and end Zone Management Act of 1972, as Estuarine Research Reserve, California, at approximately 12 p.m. amended, (CZMA) and regulations at 15 evaluation site visit will be held March CFR Part 923, Subpart L. The National 21–25, 2005. One public meeting will be ADDRESSES: The meeting will be held at the Lincoln Street School, Conference Estuarine Research Reserve evaluations held during the week. The public Room A, 1135 Lincoln Street, Red Bluff, will be conducted pursuant to sections meeting will be held on Wednesday, CA. Individuals wishing to speak or 312 and 315 of the CZMA and March 23, 2005, at 7:00 p.m. at the propose agenda items must send their regulations at 15 CFR Part 921, Subpart Elkhorn Slough Reserve Visitors’ Center, names and proposals to Jim Giachino, E and Part 923, Subpart L. 1700 Elkhorn Road, Watsonville, The CZMA requires continuing DFO, 825 N. Humboldt Ave., Willows, California. review of the performance of states with CA 95988. Copies of states’ most recent respect to coastal program FOR FURTHER INFORMATION CONTACT: performance reports, as well as OCRM’s implementation. Evaluation of Coastal notifications and supplemental request Bobbin Gaddini, Committee Zone Management Programs and Coordinator, USDA, Mendocino letters to the state, are available upon National Estuarine Research Reserves request from OCRM. Written comments National Forest, Grindstone Ranger requires findings concerning the extent District, P.O. Box 164, Elk Creek, CA from interested parties regarding these to which a state has met the national Programs are encouraged and will be 95939. (530) 968–5329; e-mail objectives, adhered to its Coastal [email protected]. accepted until 15 days after the last Management Program document or public meeting held for that Program. SUPPLEMENTARY INFORMATION: The Reserve final management plan Please direct written comments to Ralph meeting is open to the public. approved by the Secretary of Commerce, Cantral, Chief, National Policy and Committee discussion is limited to and adhered to the terms of financial Evaluation Division, Office of Ocean Forest Service staff and Committee assistance awards funded under the and Coastal Resource Management, members. However, persons who wish CZMA. NOS/NOAA, 1305 East-West Highway, to bring matters to the attention of the The evaluations will include a site 10th Floor, Silver Spring, Maryland Committee may file written statements visit, consideration of public comments, 20910. When the evaluations are with the Committee staff before or after and consultations with interested completed, OCRM will place a notice in the meeting. Public input sessions will Federal, state and local agencies and the Federal Register announcing the be provided and individuals who made members of the public. Public meetings availability of the Final Evaluation written requests by December 5, 2004 will be held as part of the site visits. Findings. will have the opportunity to address the Notice is hereby given of the dates of committee at those sessions. the site visits for the listed evaluations FOR FURTHER INFORMATION CONTACT: Dated: November 12, 2004. and the dates, local times, and locations Ralph Cantral, Chief, National Policy of the public meetings during the site James F. Giachino, and Evaluation Division, Office of visits. Ocean and Coastal Resource Designated Federal Official. The San Francisco (California) Bay [FR Doc. 04–25604 Filed 11–17–04; 8:45 am] Management, NOS/NOAA, 1305 East- Conservation and Development West Highway, 10th Floor, Silver BILLING CODE 3410–11–M Commission Coastal Management Spring, Maryland 20910, (301) 713– Program evaluation site visit will be 3155, extension 118. held February 7–11, 2005. One public DEPARTMENT OF COMMERCE meeting will be held during the week. (Federal Domestic Assistance Catalog No. 11.419) The public meeting will be on National Oceanic and Atmospheric Wednesday, February 9, 2005, at 7 p.m., Coastal Zone Management Program Administration. Administration at the Bay Conservation and Development Commission offices, Dated: November 9, 2004. Evaluation of State Coastal Eldon Hout, Management Programs and National McAteer-Petris Conference Room, 26th Director, Office of Ocean and Coastal Estuarine Research Reserves Floor, 50 California Street, San Francisco, California. Resource Management. AGENCY: National Oceanic and The Louisiana Coastal Management [FR Doc. 04–25608 Filed 11–17–04; 8:45 am] Atmospheric Administration (NOAA), Program evaluation site visit will be BILLING CODE 3510–08–P

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DEPARTMENT OF COMMERCE goals of the Sanctuary program. non-profit organizations and live in Specifically, the Council’s objectives are Monroe County or Dade County. National Oceanic and Atmospheric to provide advice on: (1) Protecting Applicants who are chosen as members Administration natural and cultural resources, and should expect to serve 3-year terms, identifying and evaluating emergent or pursuant to the Council’s Charter. Availability of Seats for the Channel critical issues involving Sanctuary use DATES: Applications are due by Islands National Marine Sanctuary or resources; (2) identifying and December 3, 2004. Advisory Council realizing the Sanctuary’s research ADDRESSES: Application kits may be objectives; (3) identifying and realizing AGENCY: National Marine Sanctuary obtained from Fiona Wilmot, Florida educational opportunities to increase Program (NMSP), National Ocean Keys National Marine Sanctuary, P.O. the public knowledge and stewardship Service (NOS), National Oceanic and Box 500368, Marathon, FL 33050. of the Sanctuary environment; and (4) Atmospheric Administration, Completed applications should be sent assisting to develop an informed Department of Commerce (DOC). to the same address. constituency to increase awareness and ACTION: Notice and request for understanding of the purpose and value FOR FURTHER INFORMATION CONTACT: applications. of the Sanctuary and the National Fiona Wilmot at the above address or Marine Sanctuary Program. (305) 743–2437, ext. 27 or SUMMARY: The Channel Islands National [email protected]. Marine Sanctuary (CINMS) is seeking Authority: 16 U.S.C. 1431, et seq. SUPPLEMENTARY INFORMATION: The applicants for the following vacant seats (Federal Domestic Assistance Catalog on its Sanctuary Advisory Council Number 11.429, Marine Sanctuary Program) Council provides information for (Council): Research alternate, Recreation Dated: November 10, 2004. Sanctuary Managers on a wide variety of issues. The 20 member Council of (non-consumptive), Recreation (non- Daniel J. Basta consumptive) alternate, Public At-Large, stakeholders reflects the larger Director, National Marine Sanctuary Program, community from which it is drawn and Public At-Large alternate, Business, National Ocean Services, National Oceanic Conservation, and Commercial Fishing. and Atmospheric Administration. meets bimonthly. Smaller working groups meet as necessary on specific Applicants are chosen based upon their [FR Doc. 04–25606 Filed 11–17–04; 8:45 am] topics. particular expertise and experience in BILLING CODE 3510–NK–M relation to the seat for which they are Authority: 16 U.S.C. 1431, et seq. applying; community and professional (Federal Domestic Assistance Catalog affiliations; philosophy regarding the DEPARTMENT OF COMMERCE Number 11.429, Marine Sanctuary Program) protection and management of marine Dated: November 10, 2004. resources; and possibly the length of National Oceanic and Atmospheric Daniel J. Basta, residence in the area affected by the Administration Sanctuary. Applicants who are chosen Director, National Marine Sanctuary Program, Availability of Seats for the Florida National Ocean Services, National Oceanic as members should expect to serve and Atmospheric Administration. 2-year terms, pursuant to the Council’s Keys National Marine Sanctuary [FR Doc. 04–25607 Filed 11–17–04; 8:45 am] Charter. Advisory Council BILLING CODE 3510–NK–M DATES: Applications are due by AGENCY: National Marine Sanctuary December 4, 2004. Program (NMSP), National Ocean ADDRESSES: Application kits may be Service (NOS), National Oceanic and DEPARTMENT OF COMMERCE obtained from Jacklyn Kelly, Channel Atmospheric Administration, Islands National Marine Sanctuary, 113 Department of Commerce (DOC). National Oceanic and Atmospheric Harbor Way, Suite 150, Santa Barbara, ACTION: Notice and request for Administration CA 93109–2315. Completed applications. [I.D. 012903A] applications should be sent to the same SUMMARY: address. The Florida Keys National Taking and Importing Marine Marine Sanctuary (FKNMS or FOR FURTHER INFORMATION CONTACT: Mammals; Taking Marine Mammals Sanctuary) is seeking applicants for the Incidental to Conducting Oil and Gas Jacklyn Kelly, Channel Islands National following vacant seats on its Sanctuary Marine Sanctuary, 113 Harbor Way, Exploration Activities in the Gulf of Advisory Council (Council): Maritime Mexico Suite 150, Santa Barbara, CA 93109– Heritage; South Florida Ecosystem 2315, 805–966–7107, extension 371, Restoration; South Florida Ecosystem AGENCY: National Marine Fisheries [email protected]. Restoration (alternate); Citizen-at-Large, Service (NMFS), National Oceanic and SUPPLEMENTARY INFORMATION: The Upper Keys (alternate); Commercial Atmospheric Administration (NOAA), CINMS Advisory Council was originally fishing, Marine/Tropical (alternate); Commerce. established in December 1998 and has a Charter Fishing, Sports (alternate) and ACTION: Notice of Intent to prepare an broad representation consisting of 21 Conservation & Environment (2). Environmental Impact Statement; notice members, including ten government Applicants are chosen based upon their of public meetings; and request for agency representatives and eleven particular expertise and experience in scoping comments. members from the general public. The relation to the seat for which they are Council functions in an advisory applying; community and professional SUMMARY: NMFS has received a request capacity to the Sanctuary Manager. The affiliations; philosophy regarding the from the U.S. Minerals Management Council works in concert with the protection and management of marine Service (MMS), U.S. Department of the Sanctuary Manager by keeping him or resources; and the length of residence in Interior, for regulations to authorize the her informed about issues of concern the area affected by the Sanctuary. The take, by harassment, of small numbers throughout the Sanctuary, offering Conservation & Environment seat has of marine mammals incidental to recommendations on specific issues, the additional requirement that the seismic surveys during oil and gas and aiding the Manager in achieving the applicants are employed by accredited exploration activities by the U.S. oil and

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gas industry in the Gulf of Mexico geographical region if certain findings environment, which includes marine (GOM). By this document, NMFS are made and regulations are issued. mammals; (2) proposed use of computer announces: (1) its intention to prepare Permission may be granted for periods modeling as one of two methods for an Environmental Impact Statement of 5 years or less if the Secretary finds calculating incidental take levels for (EIS); (2) commencement of its scoping that the taking will have a negligible marine mammals and sea turtles for a process under the National impact on the species or stock(s), will geographic area where multiple seismic Environmental Policy Act (NEPA); (3) a not have an unmitigable adverse impact sources may be operating request for public comment on the on the availability of the species or simultaneously; (3) incorporation of a scope of the EIS; and (4) times, dates, stock(s) for subsistence uses, and scientifically-based risk assessment for and locations for public scoping regulations are prescribed setting forth marine mammals; (4) possible use of meetings. the permissible methods of taking, other energy criteria rather than the current means of effecting the least practicable pressure criteria to calculate marine DATES: Written comments and adverse impact on the species or stocks, mammal take levels, especially to information must be received no later and requirements pertaining to the calculate potential multiple exposures; than December 22, 2004. Two public monitoring and reporting of such taking. and (5) incorporation of new acoustic scoping meetings are scheduled as On December 20, 2002, MMS guidelines for assessing impacts of follows: petitioned NMFS for rulemaking under sound on marine mammals. 1. December 3, 2004, 9 a.m. - section 101(a)(5)(A) of the MMPA to approximately 12 noon, New Orleans, authorize any potential ‘‘take,’’ by Description of the Specified Activity LA. ‘‘harassment,’’ of sperm whales Marine geophysical seismic surveys 2. December 16, 2004, 9 a.m. - (Physeter macrocephalus) incidental to are conducted to obtain information on approximately 12 noon, Silver Spring, conducting seismic surveys during oil surface and near-surface geology (high- MD. and gas exploration activities in the resolution surveys) and on subsurface ADDRESSES: The public scoping GOM. ‘‘Take’’ means to harass, hunt, structures and formations (seismic meetings will be held at the following capture, or kill, or attempt to harass, surveys and vertical seismic profile locations: hunt, capture, or kill. Except for certain (VSP) surveys). 1. New Orleans: Location to be activities not pertinent here, Typical seismic surveying operations determined. This meeting will be held ‘‘harassment’’ means tow an array of airguns (the seismic on the day following the Marine any act of pursuit, torment, or annoyance sound source) and a streamer (signal Mammal Commission’s (MMC) Fourth which (i) has the potential to injure a marine receiver cable) behind the vessel, 5–10 mammal or marine mammal stock in the wild Plenary Meeting of the Advisory m (16.4–32.8 ft) below the sea surface. [Level A harassment]; or (ii) has the potential The airgun array produces a burst of Committee on Acoustic Impacts on to disturb a marine mammal or marine Marine Mammals. The scoping meeting underwater sound by releasing mammal stock in the wild by causing compressed air into the water column location will be provided during the disruption of behavioral patterns, including, MMC meeting. but not limited to, migration, breathing, that creates an acoustic energy pulse. The release of compressed air every 2. Silver Spring: Silver Spring Metro nursing, breeding, feeding, or sheltering several seconds creates a regular series Center, NOAA Science Center, 1301 [Level B harassment]. NMFS published a notice of receipt of of strong acoustic impulses separated by East-West Highway, Silver Spring, MD the MMS application on March 3, 2003 silent periods lasting 7–16 seconds, 20910. (68 FR 9991). MMS submitted a revised depending on survey type and depth to Submit written comments to Steve petition to include the incidental take of the target formations. Airgun arrays are Leathery, Chief, Permits, Conservation other species of marine mammals, such designed to focus the sound energy and Education Division, Office of as the Bryde’s whale, several species of downward. Acoustic signals are Protected Resources, National Marine dolphins and beaked whales on reflected off the subsurface sedimentary Fisheries Service, 1315 East-West September 26, 2004. On July 30, 2004, layers and recorded near the water Highway, Silver Spring, MD 20910– MMS completed its Final Programmatic surface by hydrophones spaced within 3226. The mailbox address for providing Environmental Assessment (Final PEA) the streamer cables. Some surveys e-mail comments is on this action and made that document employ ocean-bottom seismometers as [email protected]. E-mail available to the public at http:// the receiving instrument. Vessel speed comments sent to other addresses may www.gomr.mms.gov/homepg/regulate/ is typically 4.5–6 knots (about 4–8 mph) not be timely received for consideration. environ/nepa/2004–054.pdf with gear deployed. Comments sent via e-mail, including all Three-Dimensional (3–D) seismic attachments, must not exceed a 10– Notice of Intent surveying enables a more accurate megabyte file size. The comment period on the NMFS’ assessment of potential hydrocarbon FOR FURTHER INFORMATION CONTACT: notice of receipt of the MMS application reservoirs to optimally locate Kenneth R. Hollingshead, NMFS, 301– was extended until April 16, 2003 (see exploration and development wells, and 713–2289, ext 128. 68 FR 16262, April 3, 2003). During the minimize the number of wells required SUPPLEMENTARY INFORMATION: public comment period, NMFS received to develop a field. State-of-the-art comments recommending preparation of interactive computer mapping systems Background a Draft EIS under NEPA on this action. can handle much denser data coverage Section 101(a)(5)(A) of the Marine NMFS has considered this request and than older 2–D seismic surveys. Mammal Protection Act (16 U.S.C. 1361 determined that it will prepare an EIS Multiple-source and multiple-streamer et seq.)(MMPA) directs the Secretary of for its proposed rulemaking governing technologies are used for 3–D seismic Commerce (Secretary) to allow, upon authorizations to take marine mammals surveys. A typical 3–D survey might request, the incidental, but not incidental to oil and gas seismic surveys employ a dual array of 18 guns per intentional taking of marine mammals in the GOM. This decision is based on array. Each array might emit a 3,000 by U.S. citizens who engage in a a combination of factors: (1) public cubic-inch burst of compressed air at specified activity (other than concern over impacts of oil and gas 2,000 kilojoule (kJ) of acoustic energy commercial fishing) within a specified exploration activities on the marine for each burst. The hydrophone

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streamer array might consist of 6–8 and gas industry and seismic reflects low sensitivity to seismic noise parallel cables, each 6–8 km (3.7–5 mi) contractors operating within the GOM. or a high motivation to remain in the long, spaced 75 m (246 ft) apart. A series NMFS expects that seismic vessel area in spite of this noise. Details of of 3–D surveys collected over time (4– owners will obtain Letters of seismic noise and its potential impact D seismic survey) is used for reservoir Authorization, in accordance with 50 on marine mammals have been monitoring and management (the CFR 216.106, to incidentally take described in MMS (2004) and will be movement of oil, gas, and water in the marine mammals under the requested addressed in the NMFS Draft EIS. reservoirs can be observed over time). regulations. In the absence of species-specific data Seismic surveys may span one day, on auditory impacts for marine Potential Effects of Seismic Activities weeks, or months. MMS has requested mammals, a received sound pressure on Marine Mammals an authorization under the MMPA for level of 180 dB re 1 µPa (rms) or greater the incidental harassment (Level A and The effects of sounds from airgun has been used by NMFS as a threshold Level B) of marine mammals during 2– arrays might include one or more of the for concern about temporary and/or D and 3–D seismic surveys, high- following: tolerance, masking of natural permanent hearing impairment (Level A resolution surveys, and VSP surveys. sounds, behavioral disturbance and Harassment). This criterion, which will For management purposes MMS has perhaps temporary or permanent be included in the Draft EIS analysis, divided the Northern GOM into three hearing impairment (Richardson et al. was developed as a result of public planning areas: Eastern, Central and 1995). In addition, intense acoustic workshops held in 1998 (HESS, 1999) Western. In general, Federal waters events may cause trauma to tissues and 1999 (NMFS, 1999). However, this offshore Florida and Alabama are in the associated with organs vital for hearing, criterion does not consider the Eastern Planning Area, Federal waters sound production, respiration and other frequency component, nature of the offshore Mississippi and Louisiana are functions. sound source, the hearing sensitivities in the Central Planning Area, and Using sperm whales as an example, of different cetacean species and other Federal waters offshore Texas are in the this species spends large amounts of relevant factors. NMFS expects that the Western Planning Area. For seismic time at depth and uses low frequency Draft EIS will employ the latest exploration, about 1300 blocks in the sound to communicate and navigate. scientific information to estimate Level Western and Central Planning Areas Therefore, sperm whales are considered A Harassment impacts on marine have not yet been surveyed with 3–D to be sensitive to the marine acoustic mammals in the GOM. seismic techniques (R. Brinkman, MMS environment and may respond to sound A spreading loss equation of 20 log R GOM Region, pers comm, 2004). It is emissions in many ways. Reactions to is recommended by Richardson et al. assumed that a lower level of new acoustic emissions may include, but are (1995) for calculating underwater seismic survey activity will occur in the not limited to, cessation of transmission loss in deep water. NMFS Eastern Planning Area relative to the vocalizations, disruption of feeding and believes a spreading loss equation of 15 other two areas (i.e. the vast majority of dive behaviors, physical avoidance of log R or less may be more appropriate survey activities are expected in the noisy areas and temporary or permanent for shallow water areas of the GOM Central and Western Planning Areas). hearing impairment if the noise is strong where the horizontal propagation range Industry interest in the Eastern GOM enough and/or if the animal is in close reaches approximately 1.0 times the has historically been limited to the proximity to the sound source. Such water depth. Using a spreading equation westernmost portions of the planning impairment could have the potential to of 15 log(R), the 180–dB re 1 µPa (rms) area and is usually defined by MMS’ 5– diminish the individual’s chance for isopleth in surface and near-surface Year Leasing Plan (MMS, 2002). survival or potential for reproduction. waters occurs at approximately 295 m The Federal waters of the GOM are Tolerance of noise is often (968 ft) from a standard airgun array inhabited by a diverse assemblage of demonstrated, but this does not (4550 in3, 240 dB re 1 µPa 0–pk; 230 dB marine mammal species. When seismic necessarily mean that the animals are re 1 µPa rms). Similarly, the 180 dB re surveys are conducted acoustic energy unaffected by noise. Also, adverse levels 1 µPa (rms) isopleth vertically below the is introduced into Gulf waters that may of noise might interrupt or decrease seismic source is calculated to be 6.3 km adversely impact marine mammals in feeding activity, social interactions, or (3.4 nm). By means of a Gulf-wide the vicinity of the activity. The potential parenting. Responses to seismic activity Notice to Lessees (NTL) for all seismic adverse impacts to marine mammals are causing adverse effects to individuals activities (30 CFR 250.103), MMS has detailed in MMS’ 2004 Final PEA. In and cow/calf pairs, reproduction, implemented a horizontal 500–m (1640– general, loud underwater noise has the feeding, or causing temporary or ft) radius impact (seismic shut-down) potential to harass, injure, and possibly permanent threshold shifts in hearing zone to minimize possible effects to cause the mortality of marine mammals. may negatively impact GOM marine sperm whales. The NTL was updated in While the serious injury or mortality of mammal stocks if the disruptions are 2004 (NTL No. 2004–G01) to include all marine mammals is believed to be extended. There are no documented whales (but not dolphins) under this unlikely, especially due to the data on auditory-induced physical 500–m (1640–ft) impact (seismic shut- implementation of mitigation measures effects of underwater seismic noise on down) zone. This NTL can be viewed at to protect marine mammals (see sperm whales or other marine the following location: http:// Mitigation), NMFS’ Draft EIS will mammals. There is observational www.gomr.mms.gov/homepg/regulate/ investigate and discuss the potential for evidence that sperm whales may be regs/ntls/ntl04–g01.html injury and mortality. temporarily displaced away from areas For larger 2–D and 3–D towed arrays MMS is seeking regulations under the where seismic operations are underway. with estimated source levels of 257 dB MMPA governing the possible MMS believes that sperm whales are not re 1 µPa rms, a 500–m (1640–ft) impact harassment and non-serious injury of being significantly displaced from the zone equates to an estimated received several species of marine mammals in northern GOM due to seismic surveys. level of approximately 232 dB. the GOM as a result of seismic surveys NMFS notes, however, that no data have According to NMFS (2002a), at source as described in MMS (2004). The been provided to support this statement. levels of 257 dB (rms), the 20 log(R) MMPA regulations are requested by At this time it is unknown whether model and associated calculation above MMS on the behalf of the offshore oil sperm whale site fidelity in the GOM produce received levels of 203 dB re 1

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µPa at 500 m (1640 ft) from the source regulations (40 CFR 1500–1508) and marine mammals; and (7) use of aircraft in subsurface waters (a conservative other appropriate Federal laws and or support vessels for marine mammal estimate) and 183 dB in surface waters regulations, and the NMFS policies and monitoring. due to the array effect. Presently, the procedures for compliance with those Identified EIS Mitigation Measures impact zone of 500 m (1640 ft) closely regulations (NOAA Administrative approximates the received dB levels in Order 216–6 -Environmental Review In response to NMFS questions surface waters, but may not accurately Procedures for Implementing the regarding the availability and feasibility reflect the 180–dB isopleth and National Environmental Policy Act, May (economic and technological) of associated impact zone beneath an 20, 1999). equipment, methods and manner of array. Recently, Tolstoy et al. (2004) A preliminary list of the primary conducting oil and gas seismic surveys measured the propagation for a 3705 in3 issues that NMFS will discuss in the EIS to effect the least practicable adverse airgun array (twelve 2000–psi Bolt is provided here. Additional issues may impact on potentially affected marine airguns of 80–850 in3 with 0–pk = 31 be identified at the public scoping mammals, MMS responded that current bar-m (250 dB re 1 µPa.m)). The 180 dB meetings and in written comments. mitigation measures for the oil and gas isopleth in shallow surface waters was • marine mammals-effects of seismic seismic industry in the GOM include: at approximately 2000 m (6562 ft). noise on all species; ramp-up, visual monitoring, In the absence of scientific, species- • other biological resources- effects of establishment of an impact zone specific information for marine seismic noise on sea turtles, fish, coastal (currently 500 m (1,640–ft) around the mammals in the GOM, a received sound and marine birds, benthic communities, sound source), and mandatory ‘‘shut- pressure level of 160 dB re 1 µPa (rms) plankton; down’’ to avoid injury to marine has been used by NMFS as the threshold • commercial and recreational mammals in or about to enter the impact indicator of potential concern about fisheries; zone. Ramp-up, or soft start, requires • disturbance of marine mammals in the cumulative effects on marine seismic operators to start firing the wild through disruption of behavioral mammals from military activities and acoustic array with one gun and patterns, including but not limited to, commercial shipping in the GOM. gradually over time add more guns until migration, breathing, nursing, breeding, EIS Alternatives the array is fully operational. feeding, or sheltering (Level B Theoretically, this allows whales in the Harassment). Using spherical spreading NMFS will explore and evaluate a full area that can hear the low-frequency (15 log(R)), subtracting 20 dB for the range of reasonable alternatives in the sounds from the array to move away array effect, and 10 dB for zero-to-peak EIS, including the proposed action and from the sound source before discomfort to RMS conversion, the 160 dB re 1 µPa the no-action alternative. The proposed or injury might result. Visual observers (rms) isopleth in surface and near- action will be to authorize, through monitor the area around the sound surface waters occurs at about 6.3 km rulemaking and subsequent Letters of source for 30 minutes prior to ramp-up (3.4 nm) from the seismic airgun source. Authorization, the incidental taking of and throughout seismic operations. Any Similarly, the 160 dB re 1 µPa (rms) marine mammals by oil and gas seismic time a marine mammal enters or isopleth below the seismic source is vessels conducting seismic surveys in surfaces within 500 m (1,640 ft) of the calculated to extend to the sea floor. state and Federal waters of the GOM. sound source, seismic operations MMS (2004) calculates the 160–dB The proposed action will also include immediately cease in order to minimize isopleth level at 3000 m (1.6 nm) based mitigation measures such as biological the exposure of the whales or dolphins on the 20 log R model for a 4550 in3 observers on all seismic vessels in all to potentially damaging sound levels. In array (230 dB re 1 µPa (rms) source operating areas, gradual ramp-up of the addition to these mitigation measures, level) and Tolstoy et al. (2004) airgun arrays, monitoring established the Draft EIS will discuss the use of measured the propagation for a 3705 in3 safety zones, and power-down/shut- PAM and active acoustic monitoring, airgun array to the 160 dB rms isopleth down procedures to protect marine certain time/area closures to protect in GOM surface waters at 9 km (4.8 nm) mammals that are in or approaching the marine mammals, and the use of aircraft in shallow water and 2.5 km (1.3 nm) in established safety zone. or support vessels for marine mammal deep water. Alternatives in the EIS will address a monitoring. These discrepancies between dB suite of other mitigation and monitoring calculations and measurements for deep measures, including: (1) requiring Identified EIS Monitoring Measures and shallow water and for surface and biological observers only on seismic Currently, monitoring and reporting sub-surface waters indicate a need for vessels operating in waters deeper than requirements for the offshore seismic better data to effectively formulate 200 m (656 ft); (2) requiring a vessel- industry are set forth by MMS in MMS models that can be used to calculate based passive acoustic monitoring NTL No. 2004–G01. This will be one of impact zones for marine mammals. (PAM) system with trained biological the alternatives in the Draft EIS. MMS Therefore, NMFS plans to include in its technicians or biologists; (3) use of PAM intends to continue this monitoring Draft EIS empirical information on only in water depths greater than 200 m program until a revised monitoring airgun array sizes used in the GOM and (656 ft), principally on the continental program is developed during the NEPA, actual propagation measurements made slope offshore of the Mississippi River MMPA and Endangered Species Act in the GOM. NMFS believes this mouth and extending east to the DeSoto reviews. information is vital in order to estimate Canyon area in the Eastern Planning Visual observers must monitor waters impacts on marine mammals and sea Area; (4) use of vessel-based passive and (with the assistance of binoculars) for turtles and for appropriate impact active acoustic monitoring; (5) use of marine mammals within and adjacent to assessment modeling. PAM and active acoustic monitoring the exclusion zone for 30 minutes prior only in water depths greater than 200 m to initiating the airgun ramp-up Scoping (656 ft) principally in continental slope procedures. Observers must monitor the The environmental review of the offshore of the Mississippi River mouth exclusion zone and adjacent waters MMS MMPA application will be and extending east to the DeSoto during seismic operations, unless conducted in accordance with the Canyon area in the Eastern Planning atmospheric conditions reduce visibility requirements of NEPA, NEPA Area; (6) time/area closures to protect to zero or during hours of darkness (i.e.,

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night). When marine mammals are Dated: November 12, 2004. issues may not be the subject of formal observed entering or within the Laurie K. Allen, action during this meeting. Action will exclusion zone, observers must call for Director, Office of Protected Resources, be restricted to those issues specifically the shut down of the airgun array; National Marine Fisheries Service. listed in this notice and any issues seismic operators must shut down the [FR Doc. 04–25643 Filed 11–17–04; 8:45 am] arising after publication of this notice seismic array when instructed by an BILLING CODE 3510–22–S that require emergency action under observer. Ramp-up and seismic section 305(c) of the Magnuson-Stevens activities may be reinitiated only when Act, provided the public has been the observer has: (a) determined that the DEPARTMENT OF COMMERCE notified of the Council’s intent to take final action to address the emergency. marine mammal(s) has departed the National Oceanic and Atmospheric exclusion zone, and (b) visually Administration Special Accommodations monitored the exclusion zone for at [I.D. 111204D] This meeting is physically accessible least 20 minutes since the mammal to people with disabilities. Requests for sighting within the exclusion zone. New England Fishery Management sign language interpretation or other Comments Council; Public Meetings auxiliary aids should be directed to Paul J. Howard (see ADDRESSES) at least 5 NMFS requests public comments on AGENCY: National Marine Fisheries days prior to the meeting dates. Service (NMFS), National Oceanic and the range of alternatives and the scope Dated: November 15, 2004. of issues that should be considered in Atmospheric Administration (NOAA), Commerce. Alan D. Risenhoover, the EIS. NMFS recommends Acting Director, Office of Sustainable ACTION: Notice of a public meeting. participants review the MMS PEA prior Fisheries, National Marine Fisheries Service. to submitting comments. SUMMARY: The New England Fishery [FR Doc. E4–3245 Filed 11–17–04; 8:45 am] At the public scoping meeting a brief Management Council (Council) is BILLING CODE 3510–22–S presentation may precede a request for scheduling a public meeting of its public information and comments. Habitat/Marine Protected Areas/ Those who intend to submit verbal Ecosystem Oversight Committee in DEPARTMENT OF COMMERCE comments will be asked to submit a December, 2004. Recommendations National Oceanic and Atmospheric speaker card (available at the meeting). from the committee will be brought to Administration Depending on how many cards NMFS the full Council for formal consideration receives, speakers may be required to and action, if appropriate. [I.D. 111204B] limit their verbal comments to a DATES: The meeting will held on specified period of time so that all Thursday, December 2, 2004 at 9:30 a.m. North Pacific Fishery Management Council; Notice of Public Meeting persons wishing to comment may have ADDRESSES: The meeting will be held at an equal opportunity to do so. NMFS the Sheraton Harborside Portsmouth AGENCY: National Marine Fisheries encourages members of the public who Hotel, 250 Market Street, Portsmouth, Service (NMFS), National Oceanic and provide verbal comments to also submit NH 03801; telephone: (603) 431–2300. Atmospheric Administration (NOAA), them in writing, along with any Council address: New England Commerce. associated graphics, so as to ensure Fishery Management Council, 50 Water ACTION: Notice of meetings of the North accuracy. All comments, written or Street, Newburyport, MA 01950. Pacific Fishery Management Council verbal, will become part of the public FOR FURTHER INFORMATION CONTACT: Paul Gulf Rationalization Community record on this matter. J. Howard, Executive Director, New Committee. The public scoping meetings will be England Fishery Management Council; telephone: (978) 465–0492. SUMMARY: The North Pacific Fishery accessible to persons with disabilities. Management Council (Council) Gulf SUPPLEMENTARY INFORMATION: Requests for sign language The Rationalization Community Committee interpretation or other auxiliary aids Committee will continue to work on will meet at the Captain Cook Hotel. elements of the Essential Fish Habitat should be directed to Ken Hollingshead DATES: The Gulf Rationalization (see FOR FURTHER INFORMATION CONTACT). (EFH) Omnibus Amendment 2 including, but not limited to; progress Community Committee will be held Photo identification will be required to December 3, 2004, 8 a.m. – 5 p.m. attend these meetings. on dedicated habitat research areas, EFH species reports, EFH designation ADDRESSES: Captain Cook Hotel, Information and questions regarding working group, strategy for prioritizing Voyager Room, 4 and K Street, the proposed action and/or scoping may protection of EFH, and non-fishing Anchorage, AK. be obtained by writing to the person impacts workshop. The Committee will Council address: North Pacific listed herein (see ADDRESSES), or by discuss the ecosystems pilot project Fishery Management Council, 605 W. telephoning the person listed (see FOR work plan and the potential application 4th Ave., Suite 306, Anchorage, AK FURTHER INFORMATION CONTACT). of the proposed habitat closed areas in 99501–2252. FOR FURTHER INFORMATION CONTACT: Additional opportunities for public Lydonia and Oceanographer canyons to Nicole Kimball, Council staff, Phone: review and comment will be provided other fisheries. They will also develop 907–271–2809. when the draft EIS is completed. A comments contributing to a Council SUPPLEMENTARY INFORMATION: notice of availability will be published response to the Cape Wind Draft The Council tasked the committee with in the Federal Register. After release of Environmental Impact Statement. Other topics may be discussed at the considering several specific design and the draft EIS, NMFS intends to hold Committee’s discretion. implementation issues related to each public meetings in various cities in Although non-emergency issues not program, including: the community Florida, Texas, and Louisiana. contained in this agenda may come eligibility criteria, determining who before this group for discussion, those represents the community, determining

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how the quota may be used, criteria by subject Exempted Fishing Permit (EFP) At-sea trials would consist of three to which the entity decides which application contains all the required four 1-hour tows per sea day. individuals fish the shares, restrictions information and warrants further Additionally, researchers would use on sale of quota share under purchase consideration. The Assistant Regional remote underwater video observation program, use caps and harvest share Administrator has also made a and acoustic gear geometry monitoring designations, determining the preliminary determination that the to assess the success of the net during distribution method among eligible activities authorized under the EFP at-sea trials. The design of the net would communities, how the Community would be consistent with the goals and consist of a rope separator in place of Fisheries Quota (CFQ) Program and objectives of the Northeast (NE) the more common netting separator in Community Purchase Program (CPP) Multispecies Fishery Management Plan order to simplify design and rigging; a would work in combination, and how (FMP). However, further review and large bottom escape area for cod, the CFQ program and CPP program consultation may be necessary before a flatfishes, and benthos; and a raised would work under Alternative 3. final determination is made to issue the fishing line running through long drop Although non-emergency issues not EFP. Therefore, NMFS announces that chains to further allow benthic species contained in this notice may come the Assistant Regional Administrator to escape. Researchers have requested a before this Council for discussion, those proposes to recommend that an EFP be small mesh exemption to allow for the issues may not be the subject of formal issued that would allow one commercial use of a second codend or a small-mesh Council action during this meeting. fishing vessel to conduct fishing cover to collect fish released from the Council action will be restricted to those operations that are otherwise restricted trawl to assess the effectiveness of the issues specifically listed in this notice by the regulations governing the separator trawl. and any issues arising after publication fisheries of the Northeastern United All specimens caught would be of this notice that require emergency States. The EFP would allow for sampled and measured. All undersized action under section 305(c) of the exemptions from the FMP as follows: fish would be returned to the sea as Magnuson-Stevens Fishery The Gulf of Maine (GOM) Rolling quickly as practical after measurement Conservation and Management Act, Closure Areas, the minimum mesh size and examination. The overall fishing provided the public has been notified of for trawl gear, the Days-at-Sea (DAS) mortality is estimated to be 30 percent the Council’s intent to take final action notification requirements, and the of the average commercial fishing to address the emergency. effort-control program (DAS). mortality that would result from the Regulations under the Magnuson- Special Accommodations proposed number of DAS. The Stevens Fishery Conservation and researcher anticipates that a total of These meetings are physically Management Act require publication of 6,249 lb (2,834.5 kg) of fish, including accessible to people with disabilities. this notification to provide interested 1,550 lb (703.1 kg) of cod, will be Requests for sign language parties the opportunity to comment on harvested throughout the course of the interpretation or other auxiliary aids applications for proposed EFPs. study. Other species that are anticipated should be directed to Gail Bendixen at DATES: Comments must be received on to be caught are haddock, dab, 907–271–2809 at least 7 working days or before December 3, 2004. yellowtail flounder, winter flounder, prior to the meeting date. ADDRESSES: Written comments should grey sole, white hake, and pollock. All Dated: November 12, 2004. be sent to Patricia A. Kurkul, Regional legal-sized fish, within the possession Bruce C. Morehead, Administrator, NMFS, Northeast limit, will be sold, with the proceeds Acting Director, Office of Sustainable Regional Office, 1 Blackburn Drive, returned to the project for the purposes Fisheries, National Marine Fisheries Service. Gloucester, MA 01930. Mark the outside of future enhancing research. [FR Doc. 04–25644 Filed 11–17–04; 8:45 am] of the envelope ‘‘Comments on the GOM The first year of the study would take BILLING CODE 3510–22–S Rope Separator Trawl Study.’’ place from May 1, 2005, to April 30, Comments may also be sent via fax to 2006. All at-sea research will be (978) 281–9135, or submitted via e-mail conducted from one fishing vessel. The DEPARTMENT OF COMMERCE to the following address: trials would occur between 43°20′ and [email protected]. 42°30′ N. lat. and west of 70°15′ W. National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT: long., excluding the Western GOM Administration Karen Tasker, Fishery Management Closure Area. Researchers have asked [I.D. 110904A] Specialist, phone 978–281–9273. for an exemption to the regulations SUPPLEMENTARY INFORMATION: An establishing the Western GOM Rolling Magnuson-Stevens Act Provisions; application for an EFP was submitted on Closure Areas because they believe that General Provisions for Domestic September 22, 2004, by Dr. Pingguo He an optimum mixture of haddock and Fisheries; Application for Exempted of the University of New Hampshire cod for testing the experimental gear Fishing Permits (UNH) for a Cooperative Research will be present in the waters of the AGENCY: National Marine Fisheries Partnership Initiative contract project. Western GOM during May and June. Service (NMFS), National Oceanic and The primary goal of the research is to Because the aim of the project is to Atmospheric Administration (NOAA), design and test a rope separator trawl separate haddock and cod before the Department of Commerce. that targets haddock and pollock while fish are brought onboard, an exemption ACTION: Notification of a proposal for releasing cod and flounder in inshore from the Western GOM Rolling Closures permits to conduct experimental western GOM waters. The intent of the is important to the success of the study. fishing; request for comments. researchers is that the experimental net, An exemption from DAS is requested if successful, could be suitable for since a commercial DAS level of effort SUMMARY: The Assistant Regional fishing using B DAS in the future. will not likely be realized due to the Administrator for Sustainable Fisheries, The project, which is anticipated to be additional time necessary to weigh, Northeast Region, NMFS (Assistant 18 months in duration, would include measure, and sort the catch, and to Regional Administrator) has made a flume tank trials and 12 days of at-sea adjust underwater video and acoustic preliminary determination that the trials during the first year of the project. monitoring systems.

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Authority: 16 U.S.C. 1801 et seq. that such permits: (1) Are applied for in DEPARTMENT OF COMMERCE Dated: November 12, 2004. good faith; (2) if granted and exercised, National Oceanic and Atmospheric Alan D. Risenhoover, would not operate to the disadvantage Administration Acting Director, Office of Sustainable of the listed species that are the subject Fisheries, National Marine Fisheries Service. of the permit; and (3) are consistent [I.D. 092104B] [FR Doc. E4–3204 Filed 11–17–04; 8:45 am] with the purposes and policy of section BILLING CODE 3510–22–S 2 of the ESA. The authority to take Notice of Availability of Draft Stock listed species is subject to conditions set Assessment Reports forth in the permits. AGENCY: National Marine Fisheries DEPARTMENT OF COMMERCE Anyone requesting a hearing on an Service (NMFS), National Oceanic and application listed in this notice should Atmospheric Administration (NOAA), National Oceanic and Atmospheric set out the specific reasons why a Administration Commerce. hearing on that application would be ACTION: Notice of availability; request [I.D. 110904G] appropriate (see ADDRESSES). The for comments. holding of such a hearing is at the Endangered and Threatened Species; discretion of the Assistant SUMMARY: NMFS reviewed the Alaska, Take of Anadromous Fish Administrator for Fisheries, NOAA. Atlantic, and Pacific regional marine mammal stock assessment reports AGENCY: National Marine Fisheries Application Received Service (NMFS), National Oceanic and (SARs) in accordance with the Marine Atmospheric Administration (NOAA), Permit 1511 Mammal Protection Act (MMPA). After Commerce. a review of SARs and new information The Oregon Department of Fish and on the status of marine mammals, ACTION: Application for scientific Wildlife (ODFW) is requesting a 5–year NMFS determined that marine mammal research permit 1511. research permit to annually take adult stocks in the Alaska and Atlantic SUMMARY: Notice is hereby given that and juvenile SONCC coho salmon in regions did not change status or the NMFS has received a scientific research various streams in Southwest Oregon. status could not be determined more permit application relating to Pacific The purposes of the project are to accurately. SARs for marine mammals salmon. The proposed research is conduct fish presence and absence in these two regions were not revised. intended to increase knowledge of surveys and to rescue or salvage fish SARs for marine mammals in the Pacific species listed under the Endangered stranded during instream work projects. region were revised according to new Species Act (ESA) and to help guide The work would benefit listed fish in information. NMFS also proposes management and conservation efforts. two ways. Presence and absence surveys changes to the guidelines for preparing DATES: Comments or requests for a conducted before beginning instream SARs. NMFS solicits public comments public hearing on the application must work projects provide baseline on draft 2004 Pacific reports and on be received at the appropriate address or information useful for determining proposed changes to the guidelines for fax number (see ADDRESSES) no later project effects. Rescue and salvage preparing SARs. than 5 p.m. Pacific daylight-saving time operations increase fish survival in DATES: Comments must be received by on December 20, 2004. project areas. The ODFW intends to use February 16, 2005. ADDRESSES: Written comments on the electrofishing equipment to capture the ADDRESSES: Send comments or requests application should be sent to Protected fish. Most of the fish would be for copies of reports to: Chief, Marine Resources Division, NMFS, F/NWO3, immediately released, but some may be Mammal Conservation Division, Office 525 NE Oregon Street, Suite 500, transported short distances away from of Protected Resources, National Marine Portland, OR 97232–2737. Comments instream work areas. The ODFW does Fisheries Service, 1315 East-West may also be sent via fax to 503–230– not intend to kill any of the fish being Highway, Silver Spring, MD 20910– 5435 or by e-mail to captured, but a small percentage may 3226, Attn: Stock Assessments. [email protected]. die as an unintended result of the Comments may also be sent via research. facsimile (fax) to 301–427–2580 or via FOR FURTHER INFORMATION CONTACT: email to [email protected]. Copies Garth Griffin, Portland, OR (ph.: 503– This notice is provided pursuant to of the Pacific Regional SARs may be 231–2005, Fax: 503–230–5435, e-mail: section 10(c) of the ESA. NMFS will requested from Cathy Campbell, [email protected]). Permit evaluate the application, associated Southwest Regional Office, NMFS, 501 application instructions are available at documents, and comments submitted to West Ocean Boulevard, Long Beach, CA http://www.nwr.noaa.gov. determine whether the application 90802–4213. SUPPLEMENTARY INFORMATION: meets the requirements of section 10(a) of the ESA and Federal regulations. The FOR FURTHER INFORMATION CONTACT: Tom Species Covered in This Notice final permit decisions will not be made Eagle, Office of Protected Resources, The following listed species until after the end of the 30–day 301–713–2322, ext. 105, e-mail (evolutionarily significant unit) is comment period. NMFS will publish [email protected] or Cathy covered in this notice: notice of its final action in the Federal Campbell, 562–280–4060, e-mail Coho salmon (Oncorhynchus kisutch): Register. [email protected]. threatened Southern Oregon/Northern SUPPLEMENTARY INFORMATION: Dated: November 15, 2004. California Coast (SONCC). Scientific research permits are issued Phil Williams, Electronic Access in accordance with section 10(a)(1)(A) Chief, Endangered Species Division, Office All draft stock assessment reports and of the ESA (16 U.S.C. 1531 et. seq) and of Protected Resources, National Marine the proposed revisions to the guidelines regulations governing listed fish and Fisheries Service. for preparing them are available via the wildlife permits (50 CFR 222–226). [FR Doc. 04–25641 Filed 11–17–04; 8:45 am] Internet at http://www.nmfs.noaa.gov/ NMFS issues permits based on findings BILLING CODE 3510–22–S protlres/PR2/

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StocklAssessmentlProgram/ SRGs. The report of that workshop prepared for all stocks of marine sars.html. (Wade and Angliss, 1997) summarized mammals occurring in waters under US the discussion at the workshop and jurisdiction, but it has no provisions for Background contained revised guidelines. The assessing the status of marine mammal Section 117 of the Marine Mammal revised guidelines represented minor stocks found on the high seas. Protection Act (MMPA) (16 U.S.C. 1361 changes from the initial version. The Therefore, it is unlikely that abundance et seq.) requires NMFS and the U.S. Fish revised guidelines were made available and PBR estimates will be available for and Wildlife Service (FWS) to prepare for public review and comment along stocks of false killer whales and other stock assessments for each stock of with revised stock assessment reports cetaceans that do not occupy waters marine mammals occurring in waters on January 21, 1997 (62 FR 3005). under US jurisdiction. under the jurisdiction of the United In September 2003, NMFS again The SAR for Hawaiian monk seals States. These reports must contain convened a workshop to review was revised to indicate the PBR for this information regarding the distribution guidelines for SARs and again has stock is undefined. The change is and abundance of the stock, population proposed minor changes to the consistent with a recommended change growth rates and trends, estimates of guidelines. Participants at the workshop to the guidelines for preparing SARs, annual human-caused mortality and included representatives of NMFS, discussed below. serious injury from all sources, FWS, MMC, and the regional SRGs. Revisions to Guidelines descriptions of the fisheries with which NMFS solicits public comments on the the stock interacts, and the status of the proposed changes to the guidelines for Revisions to guidelines for preparing stock. Initial reports were completed in preparing SARs. SARs focus primarily on stock structure 1995. and estimating PBR. The current The MMPA requires NMFS and FWS Revisions to Stock Assessment Reports guidelines for identifying stocks of to review the SARs at least annually for The Pacific SARs contain new or marine mammals state, ‘‘For the strategic stocks and stocks for which revised stock assessments for 30 Pacific purposes of management under the significant new information is available, marine mammal stocks under NMFS’ MMPA, a stock is recognized as being a and at least once every 3 years for non- jurisdiction. Reports on the remaining management unit that identifies a strategic stocks. NMFS and the FWS are 30 Pacific region stocks were not demographically isolated biological required to revise a SAR if the status of revised. population.’’ Proposed revisions to the the stock has changed or can be more NMFS conducted its first section of the guidelines entitled accurately determined. NMFS, in comprehensive survey to estimate the ‘‘Definition of Stock’’ generally clarify conjunction with the Alaska, Atlantic, abundance of cetaceans in the U.S. specific points related to demographic and Pacific Scientific Review Groups Exclusive Economic Zone (EEZ) isolation as the basis for identifying (SRGs), reviewed the status of marine surrounding the Hawaiian Archipelago stocks of marine mammals. Selected mammal stocks as required and revised in fall 2002. Results of this survey were proposed changes to the guidelines are reports in the Pacific region. NMFS incorporated into the draft 2004 SARs summarized below. solicits public comments on the draft for Hawaiian cetaceans, including The definition of ‘‘population stock’’ 2004 Pacific SARs. abundance and Potential Biological or ‘‘stock’’ in the MMPA includes the The SARs in the Alaska and Atlantic Removal (PBR) estimates for all phrase ‘‘interbreed when mature’’. The regions were reviewed along with new Hawaiian stocks except blue and minke proposed changes to the guidelines information on these stocks of marine whales. Three new reports were added recognize the phrase ‘‘interbreed when mammals. Although new abundance or to the Pacific SARs as a result of the mature’’ includes cases in which a mortality estimates were available for 2002 survey, Hawaiian stocks of sei group of marine mammals migrates some stocks in these regions, the status whales, minke whales, and Longman’s seasonally to a breeding ground where of no stocks in these regions would be beaked whales. SARs for Hawaiian its members interbreed with members of changed. Furthermore, NMFS could not stocks of marine mammals were also the same group or with members of determine the status of marine mammal updated to revised mortality estimates other demographically isolated groups stocks in the Alaska or Atlantic regions to include results of an increased level that have migrated to the same breeding with substantially improved accuracy. of observer coverage in the Hawaiian ground from other feeding areas. NMFS Therefore, the reports in these two longline fishery. identified the Gulf of Maine feeding regions were not revised. The report for the Hawaiian stock of aggregation of humpback whales in the NMFS convened a workshop in June false killer whales has been changed to Western North Atlantic Ocean as a 1994, including representatives from reflect information indicating fine-scale separate stock in 2000; thus, the NMFS, FWS, and the Marine Mammal stock structure of false killer whales. proposed change emphasizes and Commission, to prepare draft guidelines The draft report includes two clarifies practice NMFS has used in the for preparing SARs. The report of this prospective stocks of false killer whales past. workshop (Barlow et al., 1995) included because whales in the EEZ around In the absence of data related to stock the guidelines for preparing SARs and a Palmyra Island are likely a different structure for a specific group of marine summary of the discussions upon which stock than around the Hawaiian Islands. mammals, NMFS may use data on stock the guidelines were based. The draft The ranges of these two prospective structure from other parts of a species’ guidelines were made available, along stocks include the EEZ surrounding range to make inferences about the with the initial draft SARs, for public Palmyra Island and the EEZ likely geographic sizes of stocks. The review and comment (59 FR 40527, surrounding the Hawaiian Islands, proposed guidelines clarify the use of August 9, 1995). respectively. False killer whales in indirect observation and information in In 1996, NMFS convened a second international waters are not included in such cases. workshop to review the guidelines and either of these prospective stocks; Another proposed change addresses to recommend changes, if appropriate, however, the Hawaii longline fishery ‘‘prospective stocks’’ when data suggest to them. Workshop participants causes serious injury and mortality of stock structure is more finely scaled included representatives from NMFS, false killer whales on the high seas. than the current stock identity indicates, FWS, MMC, and the three regional MMPA section 117 requires SARs to be but the data are insufficient to fully

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support a new stock. Under this change, COMMODITY FUTURES TRADING Entity Fee amount abundance, PBR, and mortality COMMISSION estimates of the prospective stocks Chicago Board of Trade ...... $81,264 would be included in a SAR. The Fees for Reviews of the Rule Chicago Mercantile Exchange .. 318,729 Kansas City Board of Trade ..... 11,866 identification of management units of Enforcement Programs of Contract Markets and Registered Futures New York Mercantile Exchange 136,622 coastal bottlenose dolphins in the Minneapolis Grain Exchange ... 6,605 Western North Atlantic in the 2002 Association National Futures Association .... 110,946 New York Board of Trade ...... 51,075 SARs is an example of a previous use AGENCY: Commodity Futures Trading BrokerTec Futures Exchange 1 12,126 of this concept although the terminology Commission. was different (management units versus ACTION: Total ...... $729,233 prospective stocks). The 2004 draft Establish the FY 2004 schedule of fees. 1 SARs for the Hawaii stock of false killer BrokerTec Futures Exchange, now known as Exchange Place Futures Exchange, LLC, whales identifies prospective stock SUMMARY: The Commission charges fees ceased operations in November 2003. As of structure in accordance with this to designated contract markets and the January 30, 2004, Exchange Place Futures is proposed change. wholly owned by U.S. Futures Exchange National Futures Association (NFA) to (USFE). In unusual situations, the formula recover the costs incurred by the Congress added to the MMPA to Commission in the operation of a III. Background Information calculate PBR (Nmin*0.5Rmax*Fr) program which provides a service to A. General results in a number that is not these entities. The fees are charged for The Commission recalculates the fees consistent with the narrative definition the Commission’s conduct of its charged each year with the intention of of PBR (the maximum number of program of oversight of self-regulatory rule enforcement programs (17 CFR part recovering the costs of operating this animals, not including natural Commission program.2 All costs are mortality, that may be removed from a 1 Appendix B) (NFA and the contract markets are referred to as SROs). accounted for by the Commission’s marine mammal stock while allowing Management Accounting Structure that stock to reach or maintain its OSP). The calculation of the fee amounts to Codes (MASC) system, which records Such a situation arises when a stock is be charged for FY 2004 is based on an each employee’s time for each pay below its OSP and is declining or stable, average of actual program costs incurred period. The fees are set each year based yet human-caused mortality is a not a in during FY 2001, 2002, and 2003, as on direct program costs, plus an major factor in the population’s trend. explained below. The FY 2004 fee overhead factor. schedule is set forth in the For example, Hawaiian monk seals are B. Overhead Rate endangered, declining, and below OSP SUPPLEMENTARY INFORMATION. Beginning (based upon the abundance prior to the with the FY 2004 fee, electronic The fees charged by the Commission 1970s), yet human-caused mortality is payment of fees is required. to the SROs are designed to recover insufficient to account for the decline or program costs, including direct labor EFFECTIVE DATES: The FY 2004 fees for costs and overhead. The overhead rate a failure to increase. A limited removal Commission oversight of each SRO rule is calculated by dividing total would not reduce the population’s enforcement program must be paid by Commission-wide overhead direct ability not reach or maintain its OSP each of the named SROs in the amount program labor costs into the total after the major factors affecting the stock specified by no later than January 18, amount of the Commission-wide have been identified and addressed. 2005. overhead pool. For this purpose, direct One option for PBR in these situations program labor costs are the salary costs is to estimate PBR as zero. However, a FOR FURTHER INFORMATION CONTACT: of personnel working in all Commission PBR of zero may not reflect the concept Stacy Dean Yochum, Counsel to the programs. Overhead costs consist of PBR included in the narrative Executive Director, Commodity Futures generally of the following Commission- definition. Furthermore, a PBR of zero Trading Commission, (202) 418–5160, wide costs: Indirect personnel costs would be inconsistent with Congress’ Three Lafayette Centre, 1155 21st Street (leave and benefits), rent, concerns about the need to establish a NW., Washington, DC 20581. For communications, contract services, procedure that allows for occasional information on electronic payment, utilities, equipment, and supplies. This taking of threatened or endangered contact Stella Lewis, Three Lafayette formula has resulted in the following Centre, 1155 21st Street NW., overhead rates for the most recent three species incidental to commercial fishing Washington, DC 20581, (202) 418–5186. years (rounded to the nearest whole (See House Report 103–439 (March 21, percent): 117 percent for fiscal year 1994) at 30.) Therefore, in these unusual SUPPLEMENTARY INFORMATION: 2001, 129 percent for fiscal year 2002, situations, NMFS may report PBR as and 113 percent for fiscal year 2003. ‘‘undefined’’. The draft 2004 SAR for I. General These overhead rates are applied to the Hawaiian monk seals has been changed This notice relates to fees for the direct labor costs to calculate the costs in accordance with this proposed Commission’s review of the rule of oversight of SRO rule enforcement change to the guidelines. enforcement programs at the registered programs. Dated: November 15, 2004. futures associations and contract C. Conduct of SRO Rule Enforcement P. Michael Payne markets regulated by the Commission. Reviews Acting Director, Office of Protected Resources, II. Schedule of Fees Under the formula adopted in 1993 National Marine Fisheries Service. (58 FR 42643, Aug. 11, 1993), which [FR Doc. 04–25645 Filed 11–17–04; 8:45 am] Fees for the Commission’s review of the rule enforcement programs at the BILLING CODE 3510–22–S 2 See Section 237 of the Futures Trading Act of registered futures associations and 1982, 7 U.S.C. 16a and 31 U.S.C. 9701. For a contract markets regulated by the broader discussion of the history of Commission Commission: Fees, see 52 FR 46070 (Dec. 4, 1987).

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appears at 17 CFR Part 1 Appendix B, The Commission’s formula provides rata share (based on average trading the Commission calculates the fee to for a reduction in the assessed fee if an volume for the most recent three years) recover the costs of its review of rule SRO has a smaller percentage of United of the aggregate of average annual costs enforcement programs, based on the States industry contract volume than its of all contract markets for the most three-year average of the actual costs of percentage of overall Commission recent three years. The formula for performing reviews at each SRO. The oversight program costs. This calculating the second factor is: 0.5a + cost of operation of the Commission’s adjustment reduces the costs so that as 0.5 vt = current fee. In this formula, ‘‘a’’ program of SRO oversight varies from a percentage of total Commission SRO equals the average annual costs, ‘‘v’’ SRO to SRO, according to the size and oversight program costs, they are in line equals the percentage of total volume complexity of each SRO’s program. The with the pro rata percentage for that across exchanges over the last three SRO of United States industry-wide three-year averaging is intended to years, and ‘‘t’’ equals the average annual contract volume. costs for all exchanges. NFA, the only smooth out year-to-year variations in The calculation made is as follows: cost. Timing of reviews may affect The fee required to be paid to the registered futures association regulated costs—a review may span two fiscal Commission by each contract market is by the Commission, has no contracts years and reviews are not conducted at equal to the lesser of actual costs based traded; hence its fee is based simply on each SRO each year. Adjustments to on the three-year historical average of costs for the most recent three fiscal actual costs may be made to relieve the costs for that contract market or one-half years. burden on an SRO with a of average costs incurred by the This table summarizes the data used disproportionately large share of Commission for each contract market for in the calculations and the resulting fee program costs. the most recent three years, plus a pro for each entity:

Three-year Three-year Average average ac- percentage year 2003 tual costs of volume fee

Chicago Board of Trade ...... $81,264 34.0371 $81,264 Chicago Mercantile Exchange ...... 318,729 50.8784 318,729 New York Mercantile Exchange ...... 182,492 12.4781 136,622 New York Board of Trade ...... 87,485 2.0163 51,075 Kansas City Board of Trade ...... 21,534 0.3022 11,866 Minneapolis Grain Exchange ...... 12,394 0.1121 6,605 BrokerTec Futures Exchange ...... 23,387 0.1188 12,126

Subtotal ...... 727,285 99.8429 618,287 National Futures Association ...... 110,946 N/A 110,946

Total ...... 838,231 99.8429 729,233

An example of how the fee is please contact Stella Lewis at (202) 418– Issued in Washington, DC, on November calculated for one exchange, the 5186 or [email protected], or see the CFTC 12, 2004, by the Commission. Minneapolis Grain Exchange, is set forth Web site at http://www.cftc.gov, Jean A. Webb, here: specifically, http://www.cftc.gov/cftc/ Secretary of the Commission. a. Actual three-year average costs cftcelectronicpayments.htm. [FR Doc. 04–25615 Filed 11–17–04; 8:45 am] equal $12,394. BILLING CODE 6351–01–M b. The alternative computation is: Regulatory Flexibility Act (.5) ($12,394) + (.5) (.001121) ($727,285) The Regulatory Flexibility Act, 5 COMMODITY FUTURES TRADING = $6,605. U.S.C. 601, et seq., requires agencies to COMMISSION c. The fee is the lesser of a or b; in consider the impact of rules on small this case $6,605. business. The fees implemented in this Sunshine Act Meeting As noted above, the alternative release affect contract markets (also calculation based on contracts traded is referred to as exchanges) and registered not applicable to the NFA because it is TIME AND DATE: 11 a.m., Friday, futures associations. The Commission not a contract market and has no December 3, 2004. has previously determined that contract contracts traded. The Commission’s PLACE: 1155 21st St., NW., Washington, average annual cost for conducting markets and registered futures DC, 9th Floor Commission Conference oversight review of the NFA rule associations are not ‘‘small entities’’ for Room. purposes of the Regulatory Flexibility enforcement program during fiscal years STATUS: Closed. 2001 through 2003 was $110,946 (one- Act. Accordingly, the Chairman, on third of $332,837). The fee to be paid by behalf of the Commission, certifies MATTERS TO BE CONSIDERED: Surveillance the NFA for the current fiscal year is pursuant to 5 U.S.C. 605(b) that the fees Matters. $110,946. implemented here will not have a FOR FURTHER INFORMATION CONTACT: Jean significant economic impact on a A. Webb, (202) 418–5100. Payment Method substantial number of small entities. The Debt Collection Improvement Act Catherine D. Daniels, (DCIA) requires deposits of fees owed to Assistant Secretary of the Commission. the government by electronic transfer to [FR Doc. 04–25675 Filed 11–16–04; 10:29 funds (See 31 U.S.C. 3720). For am] information about electronic payments, BILLING CODE 6351–01–M

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COMMODITY FUTURES TRADING FOR FURTHER INFORMATION CONTACT: 6010 at the mail address given in COMMISSION Todd A. Stevenson, Office of the paragraph (3) above, between 9 a.m. and Secretary, 4330 East West Highway, 4 p.m. Monday through Friday, except Sunshine Act Meeting Bethesda, MD 20207 (301) 504–7923. Federal holidays. FOR FURTHER INFORMATION CONTACT: Ms. TIME AND DATE: 11 a.m., Friday, Dated: November 15, 2004. LaMonica Shelton, (202) 606–5000, ext. December 10, 2004. Todd A. Stevenson, 464. PLACE: 1155 21st St., NW., Washington, Secretary. SUPPLEMENTARY INFORMATION: The DC, 9th Floor Commission Conference [FR Doc. 04–25692 Filed 11–16–04; 11:42 Corporation is particularly interested in Room. am] BILLING CODE 6355–01–M comments which: STATUS: Closed. • Evaluate whether the proposed MATTERS TO BE CONSIDERED: Surveillance collection of information is necessary Matters. CORPORATION FOR NATIONAL AND for the proper performance of the FOR FURTHER INFORMATION CONTACT: Jean COMMUNITY SERVICE functions of the Corporation, including A. Webb, (202) 418–5100. whether the information will have Proposed Information Collection; practical utility; Catherine D. Daniels, Comment Request • Evaluate the accuracy of the Assistant Secretary of the Commission. agency’s estimate of the burden of the [FR Doc. 04–25676 Filed 11–16–04; 10:29 AGENCY: Corporation for National and proposed collection of information, am] Community Service. including the validity of the BILLING CODE 6351–01–M ACTION: Notice. methodology and assumptions used; • Enhance the quality, utility and SUMMARY: The Corporation for National clarity of the information to be COMMODITY FUTURES TRADING and Community Service (hereinafter the collected; and COMMISSION ‘‘Corporation’’), as part of its continuing • Minimize the burden of the effort to reduce paperwork and collection of information on those who Sunshine Act Meeting respondent burden, conducts a pre- are to respond, including through the clearance consultation program to TIME AND DATE: use of appropriate automated, 11 a.m., Friday, provide the general public and Federal electronic, mechanical, or other December 17, 2004. agencies with an opportunity to technological collection techniques or PLACE: 1155 21st St., NW., Washington, comment on proposed and/or other forms of information technology, DC, 9th Floor Commission Conference continuing collections of information in e.g., permitting electronic submissions Room. accordance with the Paperwork of responses. STATUS: Closed. Reduction Act of 1995 (PRA95) (44 MATTERS TO BE CONSIDERED: Surveillance U.S.C. 3506(c)(2)(A)). This program I. Background Matters. helps to ensure that requested data can The Corporation for National and FOR FURTHER INFORMATION CONTACT: Jean be provided in the desired format, Community Service, through its A. Webb, (202) 418–5100. reporting burden (time and financial national service programs and projects: resources) is minimized, collection (1) Provides opportunities for all Catherine D. Daniels, instruments are clearly understood, and Americans to serve; (2) affords members Assistant Secretary of the Commission. the impact of collection requirement on with meaningful, valuable, and [FR Doc. 04–25677 Filed 11–16–04; 10:29 respondents can be properly assessed. enriching experiences (such as through am] Currently, the Corporation is leadership training, technical assistance, BILLING CODE 6351–01–M soliciting comments concerning the and citizenship training development); proposed collection, AmeriCorps and (3) supports a continued ethic of Member Satisfaction Survey. Copies of volunteer service. The service CONSUMER PRODUCT SAFETY the form can be obtained by contacting opportunities available to members COMMISSION the office listed below in the ADDRESSES cover a wide range of activities over section of this notice. varying periods of time. The Sunshine Act Meeting DATES: Written comments must be Corporation plans to administer a submitted to the office listed in the TIME AND DATE: Tuesday, November 30, member satisfaction that will allow ADDRESSES section by January 18, 2005. 2004, 2 p.m. members to provide information about ADDRESSES: You may submit written their satisfaction with their AmeriCorps LOCATION: Room 420, Bethesda Towers, input to the Corporation by any of the program or project, and with their 4330 East West Highway, Bethesda, following methods: overall AmeriCorps service experience. Maryland. (1) Electronically through the II. Current Action STATUS: Closed to the Public—Pursuant Corporation’s e-mail address system to to 5 U.S.C. 552b(f)(1) and 16 CFR LaMonica Shelton at [email protected]. Type of Review: New information 1013.4(b)(3)(7)(9) and (10) and (2) By fax to 202–565–2785, Attention collection. submitted to the Federal Register Ms. LaMonica Shelton. Agency: Corporation for National and pursuant to 5 U.S.C. 552b(e)(3). (3) By mail sent to: Corporation for Community Service. MATTER TO BE CONSIDERED: Compliance National and Community Service, Office Title: AmeriCorps Member Status Report—The staff will brief the of Research and Policy Development, Satisfaction Survey. Commission on the status of various 8th Floor, Attn: Ms. LaMonica Shelton, OMB Number: None. compliance matters. 1201 New York Avenue NW., Agency Number: None. For a recorded message containing the Washington, DC 20525. Affected Public: Individuals who are latest agenda information, call (301) (4) By hand delivery or by courier to serving in AmeriCorps sponsored 504–7948. the Corporation’s mailroom at Room programs and projects.

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Total Respondents: 75,000 responses Dated: November 12, 2004. Agency, 3838 Vogel Road, Arnold, annually. Jeannette Owings-Ballard, Missouri, 63010–6238 (e-mail: Frequency: Semi-annual. OSD Federal Register Liaison Officer, [email protected]). Department of Defense. Average Time Per Response: 10 [FR Doc. 04–25552 Filed 11–17–04; 8:45 am] SUPPLEMENTARY INFORMATION: NGA and minutes. its predecessor organizations (DMA and BILLING CODE 5001–06–P Estimated Total Burden Hours: 25,000 NIMA) have published DoD’s flight hours (75,000 members respond two information products since the late times a year at 10 minutes per DEPARTMENT OF DEFENSE 1940s to support the worldwide response). missions of DoD aircraft. The Total Burden Cost (capital/startup): Office of the Secretary publications are sold to the public None. through the auspices of the Federal Announcement of Intent To Initiate the Aviation Administration (FAA), and the Total Burden Cost (operating/ Process To Remove Aeronautical digital data has been freely available on maintenance): None. Information From Public Sale and the Internet. Notwithstanding a prior Comments submitted in response to Distribution practice of making some of DoD’s flight this notice will be summarized and/or AGENCY: National Geospatial- information available to the public in included in the request for Office of Intelligence Agency (NGA), Department the past, NGA does not have a statutory Management and Budget approval of the of Defense. requirement to produce aeronautical information collection request; they will products for general civil aviation. also become a matter of public record. ACTION: Notice. With the proliferation of digital Dated: November 11, 2004. SUMMARY: The National Geospatial- capabilities throughout the international Robert Grimm, Intelligence Agency (NGA) intends to aviation network, the preferred method Director, Office of Research and Policy remove its Flight Information of information exchange is shifting from Development. Publications (FLIP), Digital Aeronautical paper-based to electronic dissemination. [FR Doc. 04–25634 Filed 11–17–04; 8:45 am] Flight Information File (DAFIF), and Numerous countries that heretofore BILLING CODE 6050–$$–P related aeronautical safety of navigation relied on host-government agencies to digital and hardcopy publications from compile and publish their aeronautical public sale and distribution. information have recently transferred This action is taken to accomplish the that responsibility to commercial or DEPARTMENT OF DEFENSE following objectives: safeguarding the quasi-governmental agencies. Some of integrity of Department of Defense these foreign agencies are beginning to Office of the Secretary; Notice of (DoD) aeronautical navigation data assert intellectual property rights to the Closed Meeting currently available on the public aeronautical data within their territorial Internet; preventing unfettered access to limits and are refusing to provide such AGENCY: Defense Intelligence Agency air facility data by those intending harm aeronautical data to DoD so long as NGA Joint Military Intelligence College. to the United States, its interests or makes it available to outside interests, ACTION: Notice of closed meeting. allies; upholding terms of bi-lateral whom these agencies view as possible geospatial data-sharing agreements; competitors in the international avoiding competition with commercial SUMMARY: Pursuant to the provisions of marketplace. NGA relies on foreign data interests; and avoiding intellectual Subsection (d) of Section 10 of Pub. L. obtained through bilateral geospatial property/copyright disputes with 92–463, as amended by Section 5 of information sharing agreements, and foreign agencies that provide host- Pub. L. 94–409, notice is hereby given certain nations may impose restrictions nation aeronautical data. that a closed meeting of the DIA Joint on their data against release to third The DAFIF and related digital Military Intelligence College Board of parties. Accordingly, there is a rational Visitors has been scheduled as follows: aeronautical information files will be protected from general public access on basis for limiting access to aeronautical DATES: Tuesday, 4 January 2005, 1100 to the NGA home page (http:// products created for DoD use to DoD 1700; and Wednesday, 5 January 2005, www.nga.mil). Aeronautical Flight and governmental end users. 0800 to 1600. Information Publications (FLIP), By removing national defense aeronautical data from open source ADDRESSES: Joint Military Intelligence Navigation/Planning Charts (ONC, TPC, College, Washington, DC 20340–5100. etc.), and the DAFIF CD will be access NGA seeks to accomplish two available only through the Department additional objectives. First, NGA will FOR FURTHER INFORMATION CONTACT: Mr. of Defense (DoD) distribution system. reduce the vulnerability of critical A. Denis Clift, President, DIA Joint U.S. Federal and State government navigation data on the Internet. Second, Military Intelligence College, agencies, authorized government it will limit/eliminate unfettered access Washington, DC 20340–5100 (202/231– contractors, and international agencies to that data by organizations and 3344). that currently receive those products individuals intent on causing harm. SUPPLEMENTARY INFORMATION: The entire under formal or informal geospatial data In conclusion, with the meeting is devoted to the discussion of exchange arrangements will not be accomplishment of this proposed action classified information as defined in affected by this action. NGA aims to protect the sources and Section 552b (c) (1), Title 5 of the U.S. DATES: NGA will implement this action integrity of its data, honor its bilateral Code and therefore will be closed. The on October 1, 2005 (FY06). agreements restricting non- Board will discuss several current FOR FURTHER INFORMATION CONTACT: For governmental use, avoid competition critical intelligence issues and advise further information about the substance with commercial interests, and allow the Director, DIA, as to the successful of this notice, contact Joseph S. Jarvis, NGA to focus on its primary customers accomplishment of the mission assigned Aeronautical Division, MS L–27, and mission, supporting the Department to the Joint Military Intelligence College. National Geospatial-Intelligence of Defense.

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Dated: November 12, 2004. SYSTEM LOCATION: STORAGE: Jeannette Owings-Ballard, Choctaw Management Services Records are maintained on paper in OSD Federal Register Liaison Officer, Enterprises, 2161 NW., Military file folders, on a microcomputer system, Department of Defense. Highway, Suite 308, San Antonio, TX on diskette, on compact disk. [FR Doc. 04–25631 Filed 11–17–04; 8:45 am] 78213–1844, and at WIC Overseas sites RETRIEVABILITY: BILLING CODE 5001–06–P in Europe, Latin America and Pacific. Records are retrieved by the sponsor’s For a complete listing of all facility Social Security Number and/or name or addresses maintaining these records, the participant’s name and/or Social DEPARTMENT OF DEFENSE write to the system manager. Security Number. Office of the Secretary CATEGORIES OF INDIVIDUALS COVERED BY THE SAFEGUARDS: SYSTEM: Privacy Act of 1974; System of Records are maintained in a Records Members of the Armed Forces, controlled facility. Physical entry is civilian employees, and DoD contractors restricted by the use of locks, guards, or AGENCY: Office of the Secretary, DoD. living overseas (or in a U.S. Territory or administrative procedures. Access to ACTION: Notice to add a system of possession), and their family members records is limited to those officials who records. who are eligible for the DoD Women, require the records to perform their Infants, and Children Overseas Program. official duties consistent with the SUMMARY: The Office of the Secretary of purpose for which the information was Defense proposes to add a system of CATEGORIES OF RECORDS IN THE SYSTEM: collected. All personnel whose official records to its inventory of record Records consist of individual’s or duties require access to the information systems subject to the Privacy Act of sponsor’s name, Social Security are trained in the proper safeguarding 1974 (5 U.S.C. 552a), as amended. Number, current address, income and use of the information. Access to DATES: The changes will be effective on information, nutritional/medical history computerized data is restricted by December 20, 2004 unless comments are data, and whether the participants have passwords, which are changed received that would result in a contrary received nutritional education and periodically. Computer terminals are determination. counseling. located in supervised areas with access ADDRESSES: Send comments to OSD control. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Privacy Act Coordinator, Records RETENTION AND DISPOSAL: Management Section, Washington 10 U.S.C. 1060a, Special Paper files are retained in active file Headquarters Services, 1155 Defense Supplemental Food Program; 42 U.S.C. until participants relocate or become Pentagon, Washington, DC 20301–1155. Chapter 13A, Child Nutrition; and E.O. ineligible to receive WIC Overseas FOR FURTHER INFORMATION CONTACT: Ms. 9397 (SSN). services. The files are held for one Juanita Irvin at (703) 601–4722, PURPOSE(S): additional year, and then destroyed by extension 110. shredding, pulping, macerating, or SUPPLEMENTARY INFORMATION: The Office DoD is responsible for providing burning. of the Secretary of Defense notices for Women, Infants, and Children (WIC) SYSTEM MANAGER(S) AND ADDRESS: systems of records subject to the Privacy benefits to eligible members of the Act of 1974 (5 U.S.C. 552a), as amended, Armed Forces, civilian employees, and Program Manager, TRICARE have been published in the Federal DoD contractors living overseas, and Management Activity, Joint Health Plan Register and are available from the their family members. Records are being Coordination, 5111 Leesburg Pike, Suite address above. collected and maintained to determine 810, Falls Church, VA 22041–3206. eligibility for the DoD WIC Overseas The proposed systems reports, as NOTIFICATION PROCEDURE: required by 5 U.S.C. 552a(r) of the Program. The program provides eligible participants with supplemental Individuals seeking to determine Privacy Act of 1974, as amended, were whether this system of records contains submitted on October 28, 2004, to the nutritious food, nutrition counseling and education, nutrition-health information about themselves should House Committee on Government address written inquiries to the Reform, the Senate Committee on screening, and referrals to other health agencies. TRICARE Management Activity, Governmental Affairs, and the Office of Department of Defense, ATTN: TMA Management and Budget (OMB) ROUTINE USES OF RECORDS MAINTAINED IN THE Privacy Officer, 5111 Leesburg Pike, pursuant to paragraph 4c of Appendix I SYSTEM, INCLUDING CATEGORIES OF USERS AND Suite 810, Falls Church, VA 22041– to OMB Circular No. A–130, ‘Federal THE PURPOSES OF SUCH USES: 3206. Agency Responsibilities for Maintaining In addition to those disclosures Request should contain participant’s Records About Individuals,’ dated generally permitted under 5 U.S.C. and/or sponsor’s full name, their Social February 8, 1996 (February 20, 1996, 61 552a(b) of the Privacy Act, these records Security Number, and current address FR 6427). or information contained therein may and telephone number. Dated: November 12, 2004. specifically be disclosed outside the RECORD ACCESS PROCEDURES: Jeannette Owings-Ballard, DoD as a routine use pursuant to 5 Individuals seeking to determine OSD Federal Register Liaison Officer, U.S.C. 552a(b)(3) as follows: whether information about themselves Department of Defense. The DoD ‘‘Blanket Routine Uses’’ set is contained in this system of records DHA 10 forth at the beginning of OSD’s should address written inquiries to the compilation of systems of records TRICARE Management Activity, SYSTEM NAME: notices apply to this system. Department of Defense, ATTN: TMA DoD Women, Infants, and Children Policies and practices for storing, Privacy Officer, 5111 Leesburg Pike, Overseas Participant Information retrieving, accessing, retaining, and Suite 810, Falls Church, VA 22041– Management System. disposing of records in the system: 3206.

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Request should contain participant’s to OMB Circular No. A–130, ‘‘Federal SAFEGUARDS: and/or sponsor’s full name, their Social Agency Responsibilities for Maintaining Access to records is limited to Security Number, and current address Records About Individuals,’’ dated individuals who are properly screened and telephone number. February 8, 1996 (February 20, 1996, 61 and cleared on a need-to-know basis in FR 6427). the performance of their official duties. CONTESTING RECORD PROCEDURES: Physical and electronic access is limited The OSD rules for accessing records, Dated: November 12, 2004. Jeannette Owings-Ballard, to persons responsible for creating and for contesting contents and appealing distributing the Newsletter via email. initial agency determinations are OSD Federal Register Liaison Officer, Department of Defense. User ID’s and passwords are used to published in OSD Administrative control access to the systems data, and Instruction 81; 32 CFR part 311; or may T5010 procedures are in place to deter and be obtained from the system manager. detect browsing and unauthorized SYSTEM NAME: RECORD SOURCE CATEGORIES: access. The records will be stored on a DFAS Quarterly Pay Newsletter Email secure server onsite at the contractors’ Individuals applying for WIC System. Overseas Program benefits. location. The hosting facility security is SYSTEM LOCATION: fortified with fire suppression, security EXEMPTIONS CLAIMED FOR THE SYSTEM: Exact Target, 47 South Meridian, guard, personnel, camera monitoring, None. Suite 300, Indianapolis, IN 46204–3558. and servers held behind lock and key. [FR Doc. 04–25547 Filed 11–17–04; 8:45 am] Database security is ensured by secure BILLING CODE 5001–06–P CATEGORIES OF INDIVIDUALS COVERED BY THE user logins, state-of-the-art firewalls, SYSTEM: and consistent database back-ups. Any individual that opts-in to receive RETENTION AND DISPOSAL: DEPARTMENT OF DEFENSE the DFAS Quarterly Pay Newsletter via e-mail. Records are deleted when the Defense Finance and Accounting information is superseded or obsolete, Service; Privacy Act of 1974; Systems CATEGORIES OF RECORDS IN THE SYSTEM: or when the individual chooses to opt- of Records Individual’s name, military service, out of receiving the Newsletter. status, pay grade, and email address. AGENCY: Defense Finance and SYSTEM MANAGER(S) AND ADDRESS: Accounting Service, DoD. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Deputy Director for Military Pay ACTION: Notice to add a new system of 5 U.S.C. 301, Departmental Operations Product Line, Defense records. Regulations and DoD FMR 7000.14-R, Finance and Accounting Service, Vol. 7A, Military Pay Policy and Denver, 6760 E. Irvington Place, Denver, SUMMARY: The Defense Finance and Procedures—Active Duty and Reserve CO 80279–3000. Accounting Service (DFAS) is proposing Pay. to add a system of records notice to its NOTIFICATION PROCEDURE: inventory of record systems subject to PURPOSE(S): Individuals seeking to determine the Privacy Act of 1974, (5 U.S.C. 552a), To establish a database of customers whether information about themselves as amended. who have subscribed to the DFAS is contained in this system of records DATES: This action will be effective Quarterly Pay Newsletter via email. The should address written inquiries to the without further notice on December 20, Newsletter informs the DFAS customer Defense Finance and Accounting 2004, unless comments are received that of current pay information and updates. Service, Office of Corporate would result in a contrary The database will be used strictly to Communications, Freedom of determination. distribute this informative Newsletter Information Act/Privacy Act Program via e-mail. Manager, 6760 E. Irvington Place, ADDRESSES: Send comments to the Denver, CO 80279–8000. FOIA/PA Program Manager, Office of ROUTINE USES OF RECORDS MAINTAINED IN THE Individual should provide their full Corporate Communications, Defense SYSTEM, INCLUDING CATEGORIES OF USERS AND name, email address, current address, THE PURPOSES OF SUCH USES: Finance and Accounting Service, 6760 and telephone number. E. Irvington Place, Denver, CO 80279– In addition to those disclosures 8000. generally permitted under 5 U.S.C. RECORD ACCESS PROCEDURES: 552a(b) of the Privacy Act, these records Individuals seeking access to FOR FURTHER INFORMATION CONTACT: Ms. or information contained therein may be information about themselves contained Linda Krabbenhoft at (303) 676–7514. disclosed outside the DoD as a routine in this system of records should address SUPPLEMENTARY INFORMATION: The use pursuant to 5 U.S.C. 552a(b)(3) as written inquiries to the Defense Finance Defense Finance and Accounting follows: and Accounting Service, Office of Service notices for systems of records The DoD ‘‘Blanket Routine Uses’’ Corporate Communications, Freedom of subject to the Privacy Act of 1974 (5 published at the beginning of the DFAS Information Act/Privacy Act Program U.S.C. 552a), as amended, have been compilation of systems of records Manager, 6760 E. Irvington Place, published in the Federal Register and notices apply to this system. Denver, CO 80279–8000. are available from the address above. Individual should provide their full The proposed system report, as POLICIES AND PRACTICES FOR STORING, name, email address, current address, RETRIEVING, ACCESSING, RETAINING, AND required by 5 U.S.C. 552a(r) of the and telephone number. Privacy Act of 1974, as amended, was DISPOSING OF RECORDS IN THE SYSTEM: submitted on October 28, 2004, to the STORAGE: CONTESTING RECORD PROCEDURES: House Committee on Government Records are maintained on electronic The DFAS rules for accessing records, Reform, the Senate Committee on media and hard copy documents. for contesting contents and appealing Governmental Affairs, and the Office of initial agency determinations are Management and Budget (OMB) RETRIEVABILITY: published in DFAS Regulation 5400.11– pursuant to paragraph 4c of Appendix I Individual’s name and e-mail address. R; 32 CFR part 324; or may be obtained

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from the Defense Finance and Dated: November 12, 2004. POLICIES AND PRACTICES FOR STORING, Accounting Service, Office of Corporate Jeannette Owings-Ballard, RETRIEVING, ACCESSING, RETAINING, AND Communications, Freedom of OSD Federal Register Liaison Officer, DISPOSING OF RECORDS IN THE SYSTEM: Information Act/Privacy Act Program Department of Defense. STORAGE: Manager, 6760 E. Irvington Place, F036 SAFLL A Maintained in file folders, in Denver, CO 80279–8000. computers, and on computer output and SYSTEM NAME: storage products. RECORD SOURCE CATEGORIES: Presidential Letter of Appreciation Information is obtained from any Request System (PLARS). RETRIEVABILITY: individual. SYSTEM LOCATION: Retrieved by name. Secretary of the Air Force, Legislative EXEMPTIONS CLAIMED FOR THE SYSTEM: SAFEGUARDS: Liaison, Congressional Inquiries, 1160 Records are accessed by person(s) None. Air Force Pentagon, Washington, DC 20330–1160. responsible for servicing the record [FR Doc. 04–25633 Filed 11–17–04; 8:45 am] system in performance of their official BILLING CODE 5001–06–P CATEGORIES OF INDIVIDUALS COVERED BY THE duties and by authorized personnel who SYSTEM: are properly screened and cleared for Active duty Air Force military DEPARTMENT OF DEFENSE need-to-know. Records are stored in personnel, Air Force Reserve and Air locked rooms and cabinets. Those in Department of the Air Force National Guard personnel; and Air computer storage devices are protected Force civilian employees. by computer system software. Privacy Act of 1974; System of CATEGORIES OF RECORDS IN THE SYSTEM: Records RETENTION AND DISPOSAL: First and last name and middle initial; Destroy after two years. title (Mr., Mrs., or Ms.); mailing address; AGENCY: Department of the Air Force, service (Regular, Guard, Reserve, or DoD. SYSTEM MANAGER(S) AND ADDRESS: civilian); rank; years of service; last four System administrator, Secretary of the ACTION: Notice to add a record system. digits of the retiree’s Social Security Air Force, Legislative Liaison, Number; name of requesting Military Congressional Inquiries Office, 1160 Air SUMMARY Personnel Flight (MPF) or Commander; : The Department of the Air Force Pentagon, Washington, DC 20330– point-of-contact name and mailing Force proposes to add a system of 1160. records notice to its inventory of records address; date of retirement; date of systems subject to the Privacy Act of retirement ceremony. NOTIFICATION PROCEDURE: 1974 (5 U.S.C. 552a), as amended. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Individuals inquiring about DATES: The actions will be effective on 10 U.S.C. 8013, Secretary of the Air information on themselves contained in December 20, 2004 unless comments are Force; DoD Instruction 1348.34, the system should submit written received that would result in a contrary Presidential Recognition on Retirement inquiries to the Secretary of the Air determination. from Military Service; and Air Force Force, Legislative Liaison, Instruction 36–3203, Service Congressional Inquiries Office, 1160 Air ADDRESSES: Send comments to the Air Retirements. Force Pentagon, Washington, DC 20330– Force Privacy Act Manager, Office of the 1160. Chief Information Officer, AF–CIO/P, PURPOSE(S): 1155 Air Force Pentagon, Washington, To process requests for Presidential RECORD ACCESS PROCEDURES: DC 20330–1155. Letters of Appreciation for appropriate Individuals seeking to access FOR FURTHER INFORMATION CONTACT: Mrs. retirees and to submit retiree information on themselves contained in Anne Rollins at (703) 696–6280. information in support of the requests, the system should submit written to generate White House memoranda, inquiries to the Secretary of the Air SUPPLEMENTARY INFORMATION: The and to generate reports on the number Force, Legislative Liaison, Department of the Air Force’s record of submitted, processed, on-hold, Congressional Inquiries Office, 1160 Air system notices for records systems rejected, and archived requests during a Force Pentagon, Washington, DC 20330– subject to the Privacy Act of 1974 (5 given period. 1160. U.S.C. 552a), as amended, have been ROUTINE USES OF RECORDS MAINTAINED IN THE published in the Federal Register and CONTESTING RECORD PROCEDURES: SYSTEM, INCLUDING CATEGORIES OF USERS AND are available from the address above. THE PURPOSES OF SUCH USES: The Air Force rules for accessing The proposed system report, as In addition to those disclosures records and for contesting contents and required by 5 U.S.C. 522a(r) of the generally permitted under 5 U.S.C. appealing initial agency determinations Privacy Act of 1974, as amended, was 552a(b) of the Privacy Act, these records are published in Air Force Instruction submitted on October 25, 2004, to the or information contained therein may 33–332, 32 CFR part 806b; or may be House Committee on Government specifically be disclosed outside the obtained from the system manager. Reform, the Senate Committee on DoD as a routine use pursuant to 5 RECORD SOURCE CATEGORIES: Governmental Affairs, and the Office of U.S.C. 552a(b)(3) as follows: Management and Budget (OMB) Information may be disclosed to the Information is obtained from pursuant to paragraph 4c of Appendix I White House to obtain Presidential requesting office, reports and forms. to OMB Circular No. A–130, ‘Federal letters of appreciation for retirees. EXEMPTIONS CLAIMED FOR THE SYSTEM: Agency Responsibilities for Maintaining The DoD ‘Blanket Routine Uses’ Records About Individuals,’ dated published at the beginning of the Air None. February 8, 1996 (February 20, 1996, 61 Force’s compilation of systems of [FR Doc. 04–25548 Filed 11–17–04; 8:45 am] FR 6427). records notices apply to this system. BILLING CODE 5001–06–P

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DEPARTMENT OF DEFENSE CATEGORIES OF RECORDS IN THE SYSTEM: supervisor’s name and date supervision Add to the end of the first paragraph began. Department of the Air Force ‘and limited medical/immunization Performance data, i.e., date of last information for personnel readiness.’ report and date next report due. Privacy Act of 1974; System of * * * * * May also contain limited routine Records administrative training information F036 AF A AGENCY: Department of the Air Force, consisting of application for training, DoD. name and date of course completion, SYSTEM NAME: and educational level, when not filed in ACTION: Notice to alter a system of Biographical Data and Automated a separate system. records. Personnel Management System. Limited routine correspondence on promotions, military honors and SUMMARY: The Department of the Air SYSTEM LOCATION: awards, security and letters of Force is altering a system of records Headquarters United States Air Force; notice in its existing inventory of record appreciation, when not filed in a headquarters of major commands; field separate system. systems subject to the Privacy Act of operating agencies; direct reporting 1974, (5 U.S.C. 552a), as amended. The units; headquarters of combatant AUTHORITY FOR MAINTENANCE OF THE SYSTEM: alteration adds a new category of commands for which Air Force is 10 U.S.C. 8013, Secretary of the Air records to the system, i.e., limited Executive Agent, and all Air Force Force and E.O. 9397 (SSN). medical/immunization information for installations and units. Official mailing personnel readiness. addresses are published as an appendix PURPOSE(S): DATES: This proposed action will be to the Air Force’s compilation of record This system is established as a effective without further notice on systems notices. management tool to provide December 20, 2004 unless comments are commanders and supervisors with ready received which result in a contrary CATEGORIES OF INDIVIDUALS COVERED BY THE reference information file for managing SYSTEM: determination. their personnel, manpower and Active duty Air Force military resources. ADDRESSES: Send comments to the Air personnel, and Air Force Reserve and To assist in determining and Force Privacy Act Manager, Office of the Air National Guard personnel. Air Force scheduling workload requirements in Chief Information Officer, AF–CIO/P, civilian employees and contractors may support of their organization’s assigned 1155 Air Force Pentagon, Washington, be included when records are created mission. DC 20330–1155. which are identical to those on military This system serves a ready reference FOR FURTHER INFORMATION CONTACT: Mrs. members. Army, Navy, and Marine locator and can be used to produce Anne Rollins at (703) 696–6280. Corps Active duty military and civilian manpower reports. SUPPLEMENTARY INFORMATION: The personnel may be included when Used to determine eligibility/ Department of the Air Force systems of assigned to combatant commands for suitability for assignment/reassignment; records notices subject to the Privacy which Air Force is the Executive Agent. determine eligibility for retirement Act of 1974, (5 U.S.C. 552a), as Records may be maintained in this related action, to make determinations amended, have been published in the system on personnel in a Temporary on discharges or mobilization, Federal Register and are available from Duty (TDY) status for the duration of the deferments, and fulfillment of local or the address above. TDY. statutory requirements. The proposed system report, as Records maintained as a historical file CATEGORIES OF RECORDS IN THE SYSTEM: required by 5 U.S.C. 522a(r) of the while individual is assigned to the unit. Privacy Act of 1974, as amended, was Biographical information which may Used to answers correspondence/ submitted on October 25, 2004, to the include name, rank, Social Security telephone inquiries; updating and/or House Committee on Government Number, service dates, date of birth, changing information in computer and/ Reform, the Senate Committee on civilian employment, military and or individual record. Governmental Affairs, and the Office of civilian education, military and civilian Routine uses of records maintained in Management and Budget (OMB) experience, program specialties, the system, including categories of users pursuant to paragraph 4c of Appendix I hobbies, and names of family members, and the purposes of such uses: to OMB Circular No. A–130, ‘Federal religion, professional expertise and In addition to those disclosures Agency Responsibilities for Maintaining appointments, membership in generally permitted under 5 U.S.C. Records About Individuals,’ dated professional societies, civic activities, 552a(b) of the Privacy Act, these records February 8, 1996 (February 20, 1996, 61 state of license, and limited medical/ or information contained therein may FR 6427). immunization information for personnel specifically be disclosed outside the readiness. Dated: November 12, 2004. DoD as a routine use pursuant to 5 Limited locator type information U.S.C. 552a(b)(3) as follows: Jeannette Owings-Ballard, which may include home address, home The DoD ‘Blanket Routine Uses’ OSD Federal Register Liaison Officer, phone, home of record and name and published at the beginning of the Air Department of Defense. address of next of kin. Force’s compilation of systems of F036 AF A Records relating to assignment to records notices apply to this system. include unit of assignment, authorized Policies and practices for storing, SYSTEM NAME: and assigned grade, duty title, duty Air retrieving, accessing, retaining, and Biographical Data and Automated Force Specialty Code and Military disposing of records in the system: Personnel Management System (January Occupation Code, position number, date 11, 2002, 67 FR 1445). assigned to organization, estimated date STORAGE: of departure, control tour code, Maintained in file folders, in CHANGES: assignment availability date, overseas computers and on computer output * * * * * tour start date, short tour return date, products.

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RETRIEVABILITY: EXEMPTIONS CLAIMED FOR THE SYSTEM: CHANGES: Retrieved by name and/or Social None. * * * * * Security Number. [FR Doc. 04–25549 Filed 11–17–04; 8:45 am] SYSTEM IDENTIFIER: BILLING CODE 5001–06–P SAFEGUARDS: Add ‘‘DoD’’ to the end of the entry. Records are accessed by person(s) SYSTEM NAME: responsible for servicing the record DEPARTMENT OF DEFENSE system in performance of their official Delete entry and replace with duties and by authorized personnel who Department of the Army ‘‘Defense Casualty Information are properly screened and cleared for Processing System (DCIPS)’’. need-to-know. Records are stored in Privacy Act of 1974; System of * * * * * locked rooms and cabinets. Those in Records computer storage devices are protected CATEGORIES OF INDIVIDUALS COVERED BY THE AGENCY: Department of the Army, DoD. by computer system software. SYSTEM: ACTION: Notice to alter a system of Delete entry and replace with RETENTION AND DISPOSAL: records. ‘‘Department of Defense military Retain in office files until superseded, personnel (active component and SUMMARY: The Department of the Army obsolete, no longer needed for reference, reserve component) and their family is proposing to alter a system of records reassignment, separation or retirement members; DoD civilian personnel, notice in its existing inventory of of the individual or inactivation of the retired service members, non-DoD records systems subject to the Privacy organization. Records on TDY personnel civilians, and other individuals that are Act of 1974, (5 U.S.C. 552a), as will be destroyed upon completion of reported as casualties.’’ the individual’s TDY. Records are amended. destroyed by tearing into pieces, DATES: This proposed action will be CATEGORIES OF RECORDS IN THE SYSTEM: shredding, pulping, macerating, or effective without further notice on Delete entry and replace with burning. Computer records are December 20, 2004 unless comments are ‘‘Individuals name, Social Security destroyed by erasing, deleting or received which result in a contrary Number, date of birth, branch of service, overwriting. determination. organization, duty, military occupational specialty (MOS), Air Force SYSTEM MANAGER(S) AND ADDRESS: ADDRESSES: Department of the Army, Specialty Code (AFSC), Navy rate, rank, Commanders/supervisors at the Freedom of Information/Privacy Division, U.S. Army Records sex, race, religion, home of record, and installation, base, unit, organization, other pertinent information; personnel office or function to which the Management and Declassification Agency, Attn: AHRC–PDD–FPZ, 7701 records, health/dental records, individual is assigned. Official mailing correspondence with primary next of addresses are published as an appendix Telegraph Road, Casey Building, Suite 144, Alexandria, VA 22325–3905. kin/secondary next of kin, inquiries to the Air Force’s compilation of record from other agencies and individuals, DD FOR FURTHER INFORMATION CONTACT: Ms. systems notices. Form 1300 (Report of Casualty).’’ Janice Thornton at (703) 428–6504. NOTIFICATION PROCEDURE: * * * * * SUPPLEMENTARY INFORMATION: The Individuals seeking to determine Department of the Army systems of PURPOSE(S): whether information about themselves records notices subject to the Privacy is contained in this system should To provide DoD with a single joint Act of 1974, (5 U.S.C. 552a), as military casualty information processing address inquiries to or visit the amended, have been published in the respective unit commander or system; to provide support for the Federal Register and are available from management of casualty and mortuary supervisor who maintains the records. the address above. Official mailing addresses are published affairs by the Services Casualty and The proposed system report, as Mortuary Affairs Offices; to respond to as an appendix to the Air Force’s required by 5 U.S.C. 552a(r) of the compilation of record systems notices. inquiries; to provide statistical data Privacy Act of 1974, as amended, was comprising type, number, place and RECORD ACCESS PROCEDURES: submitted on October 21, 2004, to the cause of incident to DoD Services’ Individuals seeking to access records House Committee on Government members. Reform, the Senate Committee on about themselves contained in this * * * * * system should address requests to the Governmental Affairs, and the Office of respective unit commander or Management and Budget (OMB) RECORD SOURCE CATEGORIES: supervisor who maintains the records. pursuant to paragraph 4c of Appendix I Delete entry and replace with ‘‘From Official mailing addresses are published to OMB Circular No. A–130, ‘Federal casualty reports and investigations as an appendix to the Air Force’s Agency Responsibilities for Maintaining received from commander, medical compilation of record systems notices. Records About Individuals,’ dated personnel, medical examiners, and February 8, 1996 (February 20, 1996, 61 other related official sources.’’ CONTESTING RECORD PROCEDURES: FR 6427). * * * * * The Air Force rules for accessing Dated: November 10, 2004. records, and for contesting contents and Jeannette Owings-Ballard, A0600–8–1c AHRC DoD appealing initial agency determinations OSD Federal Register Liaison Officer, SYSTEM NAME: are published in Air Force Instruction Department of Defense. 33–332; 32 CFR part 806b; or may be Defense Casualty Information obtained from the system manager. A0600–8–1c AHRC Processing System (DCIPS).

RECORD SOURCE CATEGORIES: SYSTEM NAME: SYSTEM LOCATION: The individual, personnel or training Army Casualty Information U.S. Army Human Resources records and records created by Processing System (ACIPS) (January 6, Command, 200 Stovall Street, commander/supervisor. 2004, 69 FR 790). Alexandria, VA 22332–0481.

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CATEGORIES OF INDIVIDUALS COVERED BY THE RETRIEVABILITY: EXEMPTIONS CLAIMED FOR THE SYSTEM: SYSTEM: By individual’s name and/or Social None. Department of Defense military Security Number or any other data [FR Doc. 04–25551 Filed 11–17–04; 8:45 am] personnel (active component and element. reserve component) and their family BILLING CODE 5001–06–P members; DoD civilian personnel, SAFEGUARDS: retired service members, non-DoD All information is restricted to a DEPARTMENT OF DEFENSE civilians, and other individuals that are secure area in buildings that employ reported as casualties. security guards. Computer printouts and Defense Logistics Agency CATEGORIES OF RECORDS IN THE SYSTEM: magnetic tapes and files are protected by password known only to properly Privacy Act of 1974; Systems of Individual’s name, Social Security Records Number, date of birth, branch of service, screened personnel possessing special organization, duty, military authorization for access. AGENCY: Defense Logistics Agency. occupational specialty (MOS), Air Force ACTION: Notice to add a system of RETENTION AND DISPOSAL: Specialty Code (AFSC), Navy rate, rank, records. sex, race, religion, home of record, and Records are permanent. other pertinent information; personnel SUMMARY: The Defense Logistics Agency records, health/dental records, SYSTEM MANAGER(S) AND ADDRESS: proposes to add a system of records correspondence with primary next of Commander, U.S. Army Human notice to its inventory of record systems kin/secondary next of kin, inquiries Resources Command, 200 Stovall Street, subject to the Privacy Act of 1974 (5 from other agencies and individuals, DD Alexandria, VA 22332–0481. U.S.C. 552a), as amended. Form 1300 (Report of Casualty). DATES: This action will be effective NOTIFICATION PROCEDURE: without further notice on December 20, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Individuals seeking to determine if 2004, unless comments are received that 10 U.S.C. 3013, Secretary of the Army; information about themselves is would result in a contrary 10 U.S.C. 5013, Secretary of the Navy; contained in this record system should determination. 10 U.S.C. 8013, Secretary of the Air address written inquiries to the ADDRESSES: Send comments to the Force; Army Regulation 600–8–1, Army Commander, U.S. Army Human Privacy Act Officer, Headquarters, Casualty Operations, Assistance, Resources Command, Attn: AHRC–PEC, Defense Logistics Agency, ATTN: DES– Insurance; Army Regulation 638–2, Care 200 Stovall Street, Alexandria, VA B, 8725 John J. Kingman Road, Stop and Disposition of Remains and 22332–0481. 6220, Fort Belvoir, VA 22060–6221. Disposition of Personal Effects; Army Individual should provide full name, FOR FURTHER INFORMATION CONTACT: Ms. Regulation 600–8–4, Line of Duty current address and telephone number, Susan Salus at (703) 767–6183. Policy, Procedures, and Investigations; and should identify the person who is and E.O. 9397 (SSN). SUPPLEMENTARY INFORMATION: The the subject of the inquiry by name, rank Defense Logistics Agency notices for PURPOSE(S): and Social Security Number or Service systems of records subject to the Privacy To provide DoD with a single joint Number. Act of 1974 (5 U.S.C. 552a), as amended, military casualty information processing have been published in the Federal system; to provide support for the RECORD ACCESS PROCEDURES: Register and are available from the management of casualty and mortuary Individuals seeking access to records address above. affairs by the Services Casualty and about themselves contained in this The proposed system report, as Mortuary Affairs Offices; to respond to record system should address written required by 5 U.S.C. 552a(r) of the inquiries; to provide statistical data inquiries to the Commander, U.S. Army Privacy Act of 1974, as amended, was comprising type, number, place and Human Resources Command, Attn: submitted on October 21, 2004, to the cause of incident to DoD Services’ AHRC–PEC, 200 Stovall Street, House Committee on Government members. Alexandria, VA 22332–0481. Reform, the Senate Committee on Individual should provide full name, Governmental Affairs, and the Office of ROUTINE USES OF RECORDS MAINTAINED IN THE Management and Budget (OMB) SYSTEM, INCLUDING CATEGORIES OF USERS AND current address and telephone number, pursuant to paragraph 4c of Appendix I THE PURPOSES OF SUCH USES: and should identify the person who is the subject of the inquiry by name, rank to OMB Circular No. A–130, ‘Federal In addition to those disclosures Agency Responsibilities for Maintaining generally permitted under 5 U.S.C. and Social Security Number or Service Number. Records About Individuals,’ dated 552a(b) of the Privacy Act, these records February 8, 1996 (February 20, 1996, 61 or information contained therein may CONTESTING RECORD PROCEDURES: FR 6427). specifically be disclosed outside the DoD as a routine use pursuant to 5 The Army’s rules for accessing Dated: November 12, 2004. U.S.C. 552a(b)(3) as follows: records, and for contesting contents and Jeannette Owings-Ballard, The DoD ‘‘Blanket Routine Uses’’ set appealing initial agency determinations OSD Federal Register Liaison Officer, forth at the beginning of the Army’s are contained in Army Regulation 340– Department of Defense. compilation of systems of records 21; 32 CFR part 505; or may be obtained S322.70 DMDC notices also apply to this system. from the system manager. SYSTEM NAME: POLICIES AND PRACTICES FOR STORING, RECORD SOURCE CATEGORIES: Defense Biometric Identification Data RETRIEVING, ACCESSING, RETAINING, AND From casualty reports and DISPOSING OF RECORDS IN THE SYSTEM: System (DBIDS). investigations received from STORAGE: commander, medical personnel, SYSTEM LOCATION: Paper records in file folders and on medical examiners, and other related Defense Manpower Data Center, 400 electronic storage media. official sources. Gigling Road, Seaside, CA 93955–6771.

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For a list of backup locations, contact Department, and for producing facility RECORD ACCESS PROCEDURES: the system manager. management reports. Individuals seeking access to information about themselves contained CATEGORIES OF INDIVIDUALS COVERED BY THE ROUTINE USES OF RECORDS MAINTAINED IN THE in this system should address written SYSTEM: SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSE OF SUCH USES: inquiries to the Privacy Act Officer, Active duty, Reserve, and Guard Defense Logistics Agency, ATTN: DES– In addition to those disclosures personnel from the Armed Forces and B, 8725 John J. Kingman Road, Stop generally permitted under 5 U.S.C. their family members; retired Armed 6220, Fort Belvoir, VA 22060–6221. Forces personnel and their families; 552a(b) of the Privacy Act, these records DoD and non-DoD employees and or information contained therein may CONTESTING RECORDS PROCEDURES: dependents, U.S. residents abroad, specifically be disclosed outside the The DLA rules for accessing records, foreign nationals and corporate DoD as a routine use pursuant to 5 for contesting contents, and appealing employees and dependents who have U.S.C. 552a(b)(3) as follows: initial agency determinations are access to U.S. installations in the The DoD ‘‘Blanket Routine Uses’’ set contained in 32 CFR part 323, or may continental U.S. and overseas. forth at the beginning of DLA’s be obtained from the Privacy Act compilations of systems of records Officer, Headquarters, Defense Logistics CATEGORIES OF RECORDS IN THE SYSTEM: notices apply to this system. Agency, ATTN: DES–B, 8725 John J. The system includes personal data to POLICIES AND PRACTICES FOR STORING, Kingman Road, Stop 6220, Fort Belvoir, include name, grade, Social Security RETRIEVING, ACCESSING AND DISPOSING OF VA 22060–6221. Number, status, date and place of birth, RECORDS IN THE SYSTEM: weight, height, eye color, hair color, RECORD SOURCE CATEGORIES: gender, passport number, country of STORAGE: Data is collected from existing DoD citizenship, geographic and electronic Electronic and paper copy storage. databases, the Military Services, DoD home and work addresses and RETRIEVABILITY: Components, and from the individual. telephone numbers, marital status, index fingerprints and photographs, and Retrieved primarily by name, Social EXEMPTIONS CLAIMED FOR THE SYSTEM: identification card issue and expiration Security Number, vehicle identifiers, or None. dates. The system also includes vehicle weapon identification data. However, data may also be retrieved by other data [FR Doc. 04–25550 Filed 11–17–04; 8:45 am] information such as manufacturer, BILLING CODE 5001–06–P model year, color and vehicle type, elements such as passport number, license plate type and number, decal photograph, fingerprint data, and similar elements in the database. number, current registration, automobile DEPARTMENT OF DEFENSE insurance data, and driver’s license SAFEGUARDS: data. The system also contains data on Computerized records are maintained Department of the Navy government-issued and personal in a controlled area accessible only to Notice of Availability of Government- weapons such as type; serial number; authorized personnel. Entry is restricted manufacturer; caliber; firearm Owned Invention; Available for by the use of locks, guards, and Licensing registration date; and storage location administrative procedures. Access to data to include unit, room, building, personal information is limited to those AGENCY: Department of the Navy, DOD. and phone number. who require the records in the ACTION: Notice. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: performance of their official duties, and to the individuals who are the subjects SUMMARY: The invention listed below is 5 U.S.C. 301 Departmental of the record or their authorized assigned to the United States regulations; 10 U.S.C. 113, Secretary of representatives. Access to personal Government as represented by the Defense, Note at Pub. L. 106–65; 10 information is further restricted by the Secretary of the Navy and is available U.S.C. 136, Under Secretary of Defense use of unique logon and passwords, for licensing by the Department of the for Personnel and Readiness; 18 U.S.C. which are changed periodically. Navy. Patent application 10/975,126: 1029, Access device fraud; 18 U.S.C. Backplane Tester and Method of Use. 1030, Computer fraud; 23 U.S.C. 401 et RETENTION AND DISPOSAL: This is a low-cost robust backplane test seq. National Highway Safety Act of Disposition pending. system that is compact, easy-to-use, and 1966; 40 U.S.C. Chapter 25, Information simple to manufacture. It is not SYSTEM MANAGER(S) AND ADDRESS: technology management; 50 U.S.C. encumbered by other features and add- Chapter 23, Internal Security; Pub. L. Director, Defense Manpower Data ons, which may act as constraints to the 106–398, Government Information Center, 1600 Wilson Boulevard, Suite test system and be complex to use, Security Act; Pub. L. 100–235, 400, Arlington VA 22209–2593, or larger and more expensive. Computer Security Act of 1987; Pub. L. Deputy Director, Defense Manpower ADDRESSES: 99–474, Computer Fraud and Abuse Data Center, DoD Center Monterey Bay, Requests for copies of the Act; E.O. 9397 (SSN); E.O. 12958, 400 Gigling Road, Seaside, CA 93955– invention cited should be directed to Classified National Security Information 6771. the Naval Surface Warfare Center, Crane as amended by E.O., 13142 and 13292; Div, Code 054, Bldg 1, 300 Highway and E.O. 10450, Security Requirements NOTIFICATION PROCEDURE: 361, Crane, IN 47522–5001. for Government Employees. Individuals seeking to determine FOR FURTHER INFORMATION CONTACT: Mr. whether information about themselves Brian Bailey, Naval Surface Warfare PURPOSE(S): is contained in this system should Center, Crane Div, Code 054, Bldg 1, 300 The records are maintained to support address written inquiries to the Privacy Highway 361, Crane, IN 47522–5001, DoD physical security and information Act Officer, Defense Logistics Agency, telephone (812) 854–2378. To download assurance programs and are used for DES–B, 8725 John J. Kingman Road, an application for license, see: http:// identity verification purposes, to record Stop 6220, Fort Belvoir, VA 22060– www.crane.navy.mil/newscommunity/ personal property registered with the 6221. techtrans_CranePatents.asp.

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(Authority: 35 U.S.C. 207, 37 CFR part 404.) Reference Room in Washington, DC. of the protest or intervention to the Dated: November 8, 2004. There is an ‘‘eSubscription’’ link on the Federal Energy Regulatory Commission, J. H. Wagshul, Web site that enables subscribers to 888 First Street, NE., Washington, DC receive e-mail notification when a Commander, Judge Advocate General’s Corps, 20426. U.S. Navy, Federal Register Liaison Officer. document is added to a subscribed This filing is accessible on-line at docket(s). For assistance with any FERC [FR Doc. 04–25546 Filed 11–17–04; 8:45 am] http://www.ferc.gov, using the Online service, please e-mail ‘‘eLibrary’’ link and is available for BILLING CODE 3810–FF–P [email protected], or call review in the Commission’s Public (866) 208–3676 (toll free). For TTY, call Reference Room in Washington, DC. (202) 502–8659. There is an ‘‘eSubscription’’ link on the DEPARTMENT OF ENERGY Magalie R. Salas, web site that enables subscribers to receive e-mail notification when a Federal Energy Regulatory Secretary. Commission document is added to a subscribed [FR Doc. E4–3207 Filed 11–17–04; 8:45 am] docket(s). For assistance with any FERC [Docket No. RP99–301–121] BILLING CODE 6717–01–P Online service, please e-mail [email protected], or call ANR Pipeline Company; Notice of DEPARTMENT OF ENERGY (866) 208–3676 (toll free). For TTY, call Negotiated Rate Filing (202) 502–8659. November 5, 2004. Federal Energy Regulatory Magalie R. Salas, Take notice that on November 1, Commission Secretary. 2004, ANR Pipeline Company (ANR) [FR Doc. E4–3223 Filed 11–17–04; 8:45 am] tendered for filing and approval [Docket No. RP99–301–120] BILLING CODE 6717–01–P amendments to existing negotiated rate ANR Pipeline Company; Notice of service agreements between ANR and Negotiated Rate Filing Wisconsin Gas Company and ANR and DEPARTMENT OF ENERGY Madison Gas and Electric Company. November 5, 2004. ANR requests that the Commission Take notice that on November 1, Federal Energy Regulatory accept and approve the subject 2004, ANR Pipeline Company (ANR) Commission negotiated rate agreement amendments tendered for filing amendments to to be effective November 1, 2004. [Docket Nos. RP99–301–122 and GT01–25– existing negotiated rate service 008] Any person desiring to intervene or to agreements between ANR and protest this filing must file in Wisconsin Electric Power Company, ANR Pipeline Company; Notice of accordance with Rules 211 and 214 of Wisconsin Gas LLC, and Wisconsin Compliance Filing the Commission’s Rules of Practice and Public Service Corporation. Procedure (18 CFR 385.211 and ANR requests that the Commission November 9, 2004. 385.214). Protests will be considered by accept and approve the subject Take notice that, on November 2, the Commission in determining the negotiated rate agreement amendments 2004, ANR Pipeline Company (ANR) appropriate action to be taken, but will to be effective November 1, 2004. submitted a compliance filing pursuant not serve to make protestants parties to Any person desiring to intervene or to to the Commission’s Order on Rehearing the proceeding. Any person wishing to protest this filing must file in and Clarification in Docket Nos. RP99– become a party must file a notice of accordance with Rules 211 and 214 of 301–079 and GT01–25–005, ANR intervention or motion to intervene, as the Commission’s Rules of Practice and Pipeline Company, 105 FERC ¶ 61,112 appropriate. Such notices, motions, or Procedure (18 CFR 385.211 and (2003). protests must be filed in accordance 385.214). Protests will be considered by ANR states that copies of the filing with the provisions of Section 154.210 the Commission in determining the were served on parties on the official of the Commission’s regulations (18 CFR appropriate action to be taken, but will service list in the above-captioned 154.210). Anyone filing an intervention not serve to make protestants parties to proceeding. or protest must serve a copy of that the proceeding. Any person wishing to Any person desiring to protest this document on the Applicant. Anyone become a party must file a notice of filing must file in accordance with Rule filing an intervention or protest on or intervention or motion to intervene, as 211 of the Commission’s Rules of before the intervention or protest date appropriate. Such notices, motions, or Practice and Procedure (18 CFR need not serve motions to intervene or protests must be filed in accordance 385.211). Protests to this filing will be protests on persons other than the with the provisions of § 154.210 of the considered by the Commission in Applicant. Commission’s regulations (18 CFR determining the appropriate action to be The Commission encourages 154.210). Anyone filing an intervention taken, but will not serve to make electronic submission of protests and or protest must serve a copy of that protestants parties to the proceeding. interventions in lieu of paper using the document on the Applicant. Anyone Such protests must be filed in ‘‘eFiling’’ link at http://www.ferc.gov. filing an intervention or protest on or accordance with the provisions of Persons unable to file electronically before the intervention or protest date section 154.210 of the Commission’s should submit an original and 14 copies need not serve motions to intervene or regulations (18 CFR 154.210). Anyone of the protest or intervention to the protests on persons other than the filing a protest must serve a copy of that Federal Energy Regulatory Commission, Applicant. document on all the parties to the 888 First Street, NE., Washington, DC The Commission encourages proceeding. 20426. electronic submission of protests and The Commission encourages This filing is accessible online at interventions in lieu of paper using the electronic submission of protests in lieu http://www.ferc.gov, using the ‘‘eFiling’’ link at http://www.ferc.gov. of paper using the ‘‘eFiling’’ link at ‘‘eLibrary’’ link and is available for Persons unable to file electronically http://www.ferc.gov. Persons unable to review in the Commission’s Public should submit an original and 14 copies file electronically should submit an

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original and 14 copies of the protest to comments or motions filed. Comments, obtained by agencies directly from the the Federal Energy Regulatory protests and interventions may be filed Applicant. If an agency does not file Commission, 888 First Street, NE., electronically via the Internet in lieu of comments within the time specified for Washington, DC 20426. paper. See, 18 CFR 385.2001(a)(1)(iii) filing comments, it will be presumed to This filing is accessible on-line at and the instructions on the have no comments. One copy of an http://www.ferc.gov, using the Commission’s Web site under the ‘‘e- agency’s comments must also be sent to ‘‘eLibrary’’ link and is available for Filing’’ link. The Commission strongly the Applicant’s representatives. review in the Commission’s Public encourages electronic filings. Magalie R. Salas, Reference Room in Washington, DC. k. Description of Proposal: There is an ‘‘eSubscription’’ link on the Appalachian Power Company, licensee Secretary. Web site that enables subscribers to for the Claytor Project, proposes to grant [FR Doc. E4–3215 Filed 11–17–04; 8:45 am] receive e-mail notification when a permission to the Virginia Department BILLING CODE 6717–01–P document is added to a subscribed of Conservation and Recreation, to docket(s). For assistance with any FERC install and operate seven boat docking DEPARTMENT OF ENERGY Online service, please e-mail structures within the Claytor Project [email protected], or call boundary. These structures shall serve Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call up to 24 boats at Claytor Lake State Commission (202) 502–8659. Park. l. This filing is available for review at [Docket No. RP00–305–019] Linda Mitry, the Commission in the Public Reference Deputy Secretary. Room or may be viewed on the CenterPoint Energy—Mississippi River [FR Doc. E4–3242 Filed 11–17–04; 8:45 am] Commission’s Web site at http:// Transmission Corporation; Notice of BILLING CODE 6717–01–P www.ferc.gov using the ‘‘eLibrary’’ link. Negotiated Rate Enter the docket number excluding the November 5, 2004. last three digits in the docket number Take notice that on November 1, DEPARTMENT OF ENERGY field to access the document. For 2004, CenterPoint Energy—Mississippi assistance, contact FERC Online River Transmission Corporation (MRT) Federal Energy Regulatory Support at tendered for filing and approval certain Commission [email protected] or call negotiated rate agreements between toll-free 1–866–208–3676, or for TTY, MRT and Union Electric Company, Notice of Application and Soliciting call (202) 502–8659. Comments, Motions To Intervene, and m. Individuals desiring to be included d/b/a AmerenUE, to be effective Protests on the Commission’s mailing list should December 1, 2004. MRT states that it also has submitted so indicate by writing to the Secretary November 5, 2004. those agreements as non-conforming of the Commission. Take notice that the following agreements along with the following application has been filed with the n. Comments, Protests, or Motions to Intervene—Anyone may submit tariff sheets, listing such non- Commission and is available for public comments, a protest, or a motion to conforming agreements to be included inspection: as part of its FERC Gas Tariff, Third a. Application Type: Non-Project Use intervene in accordance with the requirements of Rules of Practice and Revised Volume No. 1, to be effective of Project Lands. December 1, 2004: b. Project No.: 739–016. Procedure, 18 CFR 385.210, .211, .214. c. Date Filed: October 4, 2004. In determining the appropriate action to Tenth Revised Sheet No. 2 d. Applicant: Appalachian Power take, the Commission will consider all Sheet No. 10B protests or other comments filed, but First Revised Sheet No. 256 Company. Sheet No. 257 e. Name of Project: Claytor only those who file a motion to Hydroelectric Project. intervene in accordance with the Any person desiring to intervene or to f. Location: The project is located on Commission’s Rules may become a protest this filing must file in the New River in Pulaski County, party to the proceeding. Any comments, accordance with Rules 211 and 214 of Virginia. protests, or motions to intervene must the Commission’s Rules of Practice and g. Filed Pursuant to: Federal Power be received on or before the specified Procedure (18 CFR 385.211 and Act, 16 U.S.C. 791(a)–825(r). comment date for the particular 385.214). Protests will be considered by h. Applicant Contact: Theresa P. application. the Commission in determining the Rogers, Hydro Generation Department, o. Filing and Service of Responsive appropriate action to be taken, but will American Electric Power, P.O. Box Documents—Any filings must bear in not serve to make protestants parties to 2021, Roanoke, Virginia 24022–2121, all capital letters the title the proceeding. Any person wishing to (540) 985–2441. ‘‘COMMENTS’’, become a party must file a notice of i. FERC Contact: Any questions on ‘‘RECOMMENDATIONS FOR TERMS intervention or motion to intervene, as this notice should be addressed to Steve AND CONDITIONS’’, ‘‘PROTEST’’, OR appropriate. Such notices, motions, or Naugle at (202) 502–6061, or by e-mail: ‘‘MOTION TO INTERVENE’’, as protests must be filed in accordance [email protected]. applicable, and the Project Number of with the provisions of Section 154.210 j. Deadline for filing comments and/ the particular application to which the of the Commission’s regulations (18 CFR or motions: December 6, 2004. filing refers. A copy of any motion to 154.210). Anyone filing an intervention All documents (original and eight intervene must also be served upon each or protest must serve a copy of that copies) should be filed with: Ms. representative of the Applicant document on the Applicant. Anyone Magalie R. Salas, Secretary, Federal specified in the particular application. filing an intervention or protest on or Energy Regulatory Commission, DHAC, p. Agency Comments—Federal, State, before the intervention or protest date PJ–12.1, 888 First Street, NE., and local agencies are invited to file need not serve motions to intervene or Washington, DC 20426. Please include comments on the described application. protests on persons other than the the project number (739–016) on any A copy of the application may be Applicant.

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The Commission encourages or protest must serve a copy of that inspection. The filing may also be electronic submission of protests and document on the Applicant. Anyone viewed on the Web at http:// interventions in lieu of paper using the filing an intervention or protest on or www.ferc.gov using the ‘‘eLibrary’’ link. ‘‘eFiling’’ link at http://www.ferc.gov. before the intervention or protest date Enter the docket number excluding the Persons unable to file electronically need not serve motions to intervene or last three digits in the docket number should submit an original and 14 copies protests on persons other than the field to access the document. For of the protest or intervention to the Applicant. assistance, call (202) 502–3676, or TTY, Federal Energy Regulatory Commission, The Commission encourages (202) 502–8659. 888 First Street, NE., Washington, DC electronic submission of protests and Any questions regarding this 20426. interventions in lieu of paper using the application should be directed to This filing is accessible online at ‘‘eFiling’’ link at http://www.ferc.gov. Fredric J. George, Senior Attorney, http://www.ferc.gov, using the Persons unable to file electronically Columbia Gas Transmission ‘‘eLibrary’’ link and is available for should submit an original and 14 copies Corporation, P.O. Box 1273, Charleston, review in the Commission’s Public of the protest or intervention to the West Virginia 25325–1273, phone: (304) Reference Room in Washington, DC. Federal Energy Regulatory Commission, 357–2359 or fax: (304) 357–3206. There is an ‘‘eSubscription’’ link on the 888 First Street, NE., Washington, DC There are two ways to become Web site that enables subscribers to 20426. involved in the Commission’s review of receive e-mail notification when a This filing is accessible online at this project. First, any person wishing to document is added to a subscribed http://www.ferc.gov, using the obtain legal status by becoming a party docket(s). For assistance with any FERC ‘‘eLibrary’’ link and is available for to the proceedings for this project Online service, please e-mail review in the Commission’s Public should, on or before the comment date, [email protected], or call Reference Room in Washington, DC. file with the Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call There is an ‘‘eSubscription’’ link on the Commission, 888 First Street, NE., (202) 502–8659. Web site that enables subscribers to Washington, DC 20426, a motion to receive email notification when a intervene in accordance with the Magalie R. Salas, document is added to a subscribed requirements of the Commission’s Rules Secretary. docket(s). For assistance with any FERC of Practice and Procedure (18 CFR [FR Doc. E4–3217 Filed 11–17–04; 8:45 am] Online service, please e-mail 385.214 or 385.211) and the Regulations BILLING CODE 6717–01–P [email protected], or call under the NGA (18 CFR 157.10). A (866) 208–3676 (toll free). For TTY, call person obtaining party status will be (202) 502–8659. placed on the service list maintained by DEPARTMENT OF ENERGY the Secretary of the Commission and Linda Mitry, will receive copies of all documents Federal Energy Regulatory Deputy Secretary. filed by the applicant and by all other Commission [FR Doc. E4–3241 Filed 11–17–04; 8:45 am] parties. A party must submit 14 copies [Docket No. RP96–200–133] BILLING CODE 6717–01–P of filings made with the Commission and must mail a copy to the applicant CenterPoint Energy Gas Transmission and to every other party in the Company; Notice of Negotiated Rate DEPARTMENT OF ENERGY proceeding. Only parties to the proceeding can ask for court review of November 9, 2004. Federal Energy Regulatory Commission orders in the proceeding. Take notice that on November 5, Commission Persons who wish to comment only 2004, CenterPoint Energy Gas [Docket No. CP05–19–000] on the environmental review of this Transmission Company (CEGT) project, or in support of or in opposition tendered for filing as part of its FERC Columbia Gas Transmission to this project, should submit an Gas Tariff, Sixth Revised Volume No. 1, Corporation; Notice Of Application original and two copies of their First Revised Sheet No. 886 and Second comments to the Secretary of the Revised Sheet No. 887, to be effective November 5, 2004. Commission. Environmental November 1, 2004 Take notice that on November 2, commenters will be placed on the CEGT states that the purpose of this 2004, Columbia Gas Transmission Commission’s environmental mailing filing is to reflect the termination of a Corporation (Columbia), 1700 list, will receive copies of the negotiated rate transaction. MacCorkle Avenue, SE., Charleston, environmental documents, and will be Any person desiring to intervene or to West Virginia 25314, filed in Docket No. notified of meetings associated with the protest this filing must file in CP05–19–000 an application pursuant Commission’s environmental review accordance with Rules 211 and 214 of to sections 7(b) and 7(c) of the Natural process. Environmental commenters the Commission’s Rules of Practice and Gas Act for authorization to construct will not be required to serve copies of Procedure (18 CFR 385.211 and and operate replacement facilities in filed documents on all other parties. 385.214). Protests will be considered by Orange and Rockland Counties, New The Commission’s rules require that the Commission in determining the York. Specifically, Columbia proposes persons filing comments in opposition appropriate action to be taken, but will to abandon and replace 8.8 miles of its to the project provide copies of their not serve to make protestants parties to existing 8-inch and 16-inch Line A–5 protests only to the applicant. However, the proceeding. Any person wishing to with 8.8 miles of 30-inch pipeline. the non-party commenters will not become a party must file a notice of Columbia states that the existing receive copies of all documents filed by intervention or motion to intervene, as pipeline is being replaced due to its age other parties or issued by the appropriate. Such notices, motions, or and condition. The cost of the Commission (except for the mailing of protests must be filed in accordance replacement project is estimated to be environmental documents issued by the with the provisions of Section 154.210 $35,924,810, all as more fully set forth Commission) and will not have the right of the Commission’s regulations (18 CFR in the application which is on file with to seek court review of the 154.210). Anyone filing an intervention the Commission and open to public Commission’s final order.

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The Commission may issue a Practice and Procedure (18 CFR Procedure (18 CFR 385.211 and preliminary determination on non- 385.211). Protests to this filing will be 385.214). Protests will be considered by environmental issues prior to the considered by the Commission in the Commission in determining the completion of its review of the determining the appropriate action to be appropriate action to be taken, but will environmental aspects of the project. taken, but will not serve to make not serve to make protestants parties to This preliminary determination protestants parties to the proceeding. the proceeding. Any person wishing to typically considers such issues as the Such protests must be filed in become a party must file a notice of need for the project and its economic accordance with the provisions of intervention or motion to intervene, as effect on existing customers of the Section 154.210 of the Commission’s appropriate. Such notices, motions, or applicant, on other pipelines in the area, regulations (18 CFR 154.210). Anyone protests must be filed in accordance and on landowners and communities. filing a protest must serve a copy of that with the provisions of § 154.210 of the For example, the Commission considers document on all the parties to the Commission’s regulations (18 CFR the extent to which the applicant may proceeding. 154.210). Anyone filing an intervention need to exercise eminent domain to The Commission encourages or protest must serve a copy of that obtain rights-of-way for the proposed electronic submission of protests in lieu document on the Applicant. Anyone project and balances that against the of paper using the ‘‘eFiling’’ link at filing an intervention or protest on or non-environmental benefits to be http://www.ferc.gov. Persons unable to before the intervention or protest date provided by the project. Therefore, if a file electronically should submit an need not serve motions to intervene or person has comments on community original and 14 copies of the protest to protests on persons other than the and landowner impacts from this the Federal Energy Regulatory Applicant. proposal, it is important either to file Commission, 888 First Street, NE., The Commission encourages comments or to intervene as early in the Washington, DC 20426. electronic submission of protests and process as possible. This filing is accessible on-line at interventions in lieu of paper using the The Commission strongly encourages http://www.ferc.gov, using the ‘‘eFiling’’ link at http://www.ferc.gov. electronic filings of comments, protests, ‘‘eLibrary’’ link and is available for Persons unable to file electronically and interventions via the Internet in lieu review in the Commission’s Public should submit an original and 14 copies of paper. See 18 CFR 385.2001(a)(1)(iii) Reference Room in Washington, DC. of the protest or intervention to the and the instructions on the There is an ‘‘eSubscription’’ link on the Federal Energy Regulatory Commission, Commission’s Web site (http:// Web site that enables subscribers to 888 First Street, NE., Washington, DC www.ferc.gov) under the ‘‘e-Filing’’ link. receive e-mail notification when a 20426. Comment Date: 5 p.m. eastern time on document is added to a subscribed This filing is accessible on-line at November 26, 2004. docket(s). For assistance with any FERC http://www.ferc.gov, using the Online service, please e-mail ‘‘eLibrary’’ link and is available for Magalie Salas, [email protected], or call review in the Commission’s Public Secretary. (866) 208–3676 (toll free). For TTY, call Reference Room in Washington, DC. [FR Doc. E4–3209 Filed 11–17–04; 8:45 am] (202) 502–8659. There is an ‘‘eSubscription’’ link on the BILLING CODE 6717–01–P Web site that enables subscribers to Linda Mitry, receive e-mail notification when a Deputy Secretary. document is added to a subscribed DEPARTMENT OF ENERGY [FR Doc. E4–3244 Filed 11–17–04; 8:45 am] docket(s). For assistance with any FERC BILLING CODE 6717–01–P Federal Energy Regulatory Online service, please e-mail Commission [email protected], or call (866) 208–3676 (toll free). For TTY, call [Docket Nos. CP01–76–010, CP01–77–010] DEPARTMENT OF ENERGY (202) 502–8659. Dominion Cove Point LNG, LP; Notice Federal Energy Regulatory Magalie R. Salas, of Tariff Filing Commission Secretary. [Docket No. RP05–54–000] [FR Doc. E4–3221 Filed 11–17–04; 8:45 am] November 9, 2004. BILLING CODE 6717–01–P Take notice that on November 4, Dominion Transmission, Inc.; Notice of 2004, Dominion Cove Point LNG, LP Tariff Filing (Cove Point) tendered for filing as part DEPARTMENT OF ENERGY of its FERC Gas Tariff, Original Volume November 4, 2004. No. 1, Substitute Fourth Revised Sheet Take notice that on October 29, 2004, Federal Energy Regulatory No. 8. Cove Point requests an effective Dominion Transmission, Inc., (DTI) Commission date for the tariff sheet of the later of tendered for filing as part of its FERC [Docket No. RP05–67–000 December 1, 2004, or the in-service date Gas Tariff, Second Revised Volume No. of the fifth LNG storage tank (Fifth 1A, First Revised Sheet No. 86 and First Eastern Shore Natural Gas Company; Tank). Revised Sheet No. 87, to be effective Notice Of Proposed Changes in FERC Cove Point states that this sheet is December 1, 2004. Gas Tariff being filed to correct the overrun rate for DTI states that the purpose of this Rate Schedule LTD–1 and the filing is to add certain recently acquired November 12, 2004. commodity rate for Rate Schedule LTD2 gathering lines as part of DTI’s FERC Take notice that on November 9, that were inadvertently misstated in Gas Tariff, Second Revised Volume No. 2004, Eastern Shore Natural Gas Cove Point’s October 26, 2004 filing in 1A. Company (ESNG) tendered for filing as the above captioned dockets. Any person desiring to intervene or to part of its FERC Gas Tariff, Second Any person desiring to protest this protest this filing must file in Revised Volume No. 1, the following filing must file in accordance with Rule accordance with Rules 211 and 214 of tariff sheets, with a proposed effective 211 of the Commission’s Rules of the Commission’s Rules of Practice and date of November 1, 2004.

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Fifty-Sixth Revised Sheet No. 7 (866) 208–3676 (toll free). For TTY, call the applicant and to every other party in Fifty-Sixth Revised Sheet No. 8 (202) 502–8659. the proceeding. Only parties to the proceeding can ask for court review of ESNG states that the purpose of this Linda Mitry, Commission orders in the proceeding. instant filing is to track rate changes Deputy Secretary. attributable to storage services [FR Doc. E4–3240 Filed 11–17–04; 8:45 am] However, a person does not have to purchased from Transcontinental Gas BILLING CODE 6717–01–P intervene in order to have comments Pipe Line Corporation (Transco) under considered. The second way to their Rate Schedules GSS and LSS. participate is by filing with the ESNG states that the costs of the above DEPARTMENT OF ENERGY Secretary of the Commission, as soon as referenced storage services comprise the possible, an original and two copies of Federal Energy Regulatory rates and charges payable under ESNG’s comments in support of or in opposition Commission Rate Schedules GSS and LSS. ESNG to this project. The Commission will further states that this tracking filing is [Docket No. CP05–21–000] consider these comments in being made pursuant to section 3 of determining the appropriate action to be ESNG’s Rate Schedules GSS and LSS. El Paso Natural Gas Company; Notice taken, but the filing of a comment alone of Application ESNG states that copies of the filing will not serve to make the filer a party have been served upon its jurisdictional November 9, 2004. to the proceeding. The Commission’s customers and interested State Take notice that El Paso Natural Gas rules require that persons filing Commissions. Company (El Paso), Post Office Box comments in opposition to the project provide copies of their protests only to Any person desiring to intervene or to 1087, Colorado Springs, Colorado 80944, filed in Docket No. CP05–21–000 the party or parties directly involved in protest this filing must file in the protest. accordance with Rules 211 and 214 of on November 4, 2004, an application the Commission’s Rules of Practice and pursuant to section 7(b) of the Natural Persons who wish to comment only Gas Act (NGA), as amended, for Procedure (18 CFR 385.211 and on the environmental review of this authorization to abandon obsolete and 385.214). Protests will be considered by project should submit an original and unneeded compression facilities and the Commission in determining the two copies of their comments to the appurtenances (the Schafer B appropriate action to be taken, but will Secretary of the Commission. compressor unit) at the Schafer not serve to make protestants parties to Environmental commenters will be Compressor Station in Carson County, placed on the Commission’s the proceeding. Any person wishing to Texas, all as more fully set forth in the become a party must file a notice of environmental mailing list, will receive application which is on file with the copies of the environmental documents, intervention or motion to intervene, as Commission and open to public and will be notified of meetings appropriate. Such notices, motions, or inspection. This filing may be also associated with the Commission’s protests must be filed in accordance viewed on the Web at http:// with the provisions of section 154.210 www.ferc.gov using the ‘‘eLibrary’’ link. environmental review process. of the Commission’s regulations (18 CFR Enter the docket number excluding the Environmental commenters will not be 154.210). Anyone filing an intervention last three digits in the docket number required to serve copies of filed or protest must serve a copy of that field to access the document. For documents on all other parties. document on the Applicant. Anyone assistance, call (202) 502–8659 or TTY, However, the non-party commenters filing an intervention or protest on or (202) 208–3676. will not receive copies of all documents before the intervention or protest date Any questions regarding this filed by other parties or issued by the need not serve motions to intervene or application should be directed to Robert Commission (except for the mailing of protests on persons other than the T. Tomlinson, Director, Regulatory environmental documents issued by the Applicant. Affairs, at (719) 520–3788 (telephone) or Commission) and will not have the right The Commission encourages (719) 520–4318 (fax). to seek court review of the electronic submission of protests and There are two ways to become Commission’s final order. interventions in lieu of paper using the involved in the Commission’s review of Comments, protests and interventions this project. First, any person wishing to ‘‘eFiling’’ link at http://www.ferc.gov. may be filed electronically via the obtain legal status by becoming a party Persons unable to file electronically Internet in lieu of paper. See 18 CFR to the proceedings for this project should submit an original and 14 copies 385.2001(a)(1)(iii) and the instructions of the protest or intervention to the should, on or before the comment date stated below, file with the Federal on the Commission’s Web site under the Federal Energy Regulatory Commission, ‘‘e-Filing’’ link. 888 First Street, NE., Washington, DC Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, Comment Date: November 30, 2004. 20426. a motion to intervene in accordance This filing is accessible online at with the requirements of the Linda Mitry, http://www.ferc.gov, using the Commission’s Rules of Practice and Deputy Secretary. ‘‘eLibrary’’ link and is available for Procedure (18 CFR 385.214 or 385.211) [FR Doc. E4–3228 Filed 11–17–04; 8:45 am] review in the Commission’s Public and the Regulations under the NGA (18 BILLING CODE 6717–01–P Reference Room in Washington, DC. CFR 157.10). A person obtaining party There is an ‘‘eSubscription’’ link on the status will be placed on the service list Web site that enables subscribers to maintained by the Secretary of the receive e-mail notification when a Commission and will receive copies of document is added to a subscribed all documents filed by the applicant and docket(s). For assistance with any FERC by all other parties. A party must submit Online service, please e-mail 14 copies of filings made with the [email protected], or call Commission and must mail a copy to

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DEPARTMENT OF ENERGY There is an ‘‘eSubscription’’ link on the k. Description of Proposal: Georgia Web site that enables subscribers to Power Company, licensee for the Federal Energy Regulatory receive e-mail notification when a Wallace Dam Project, requests Commission document is added to a subscribed authorization to allow Harmony Land [Docket No. RP05–60–000] docket(s). For assistance with any FERC Company, LLC, to use 8 acres of project Online service, please e-mail land for the development of a private Gas Transmission Northwest [email protected], or call golf course. This land is located on the Corporation; Notice of Proposed (866) 208–3676 (toll free). For TTY, call Oconee River section of the lake, and Changes in FERC Gas Tariff (202) 502–8659. 1.55 of these acres will require clearing and subsurface grading where existing November 5, 2004. Magalie R. Salas, forest exists. Take notice that on November 1, Secretary. 2004, Gas Transmission Northwest [FR Doc. E4–3222 Filed 11–17–04; 8:45 am] l. This filing is available for review at Corporation (GTN) tendered for filing as BILLING CODE 6717–01–P the Commission in the Public Reference part of its FERC Gas Tariff, Third Room or may be viewed on the Revised Volume No. 1–A, the following Commission’s Web site at www.ferc.gov tariff sheets, to become effective DEPARTMENT OF ENERGY using the ‘‘eLibrary’’ link. Enter the December 2, 2004: docket number excluding the last three Federal Energy Regulatory digits in the docket number field to First Revised Sheet No. 123 Commission First Revised Sheet No. 252 access the document. For assistance, contact FERC Online Support at GTN states that these tariff sheets are Notice of Application and Soliciting [email protected] or call being submitted to add evergreen Comments, Motions To Intervene, and language to GTN’s Transportation Protests toll-free 1–866–208–3676, or for TTY, General Terms and Conditions and its call (202) 502–8659. November 5, 2004. FTS–1 Form of Service Agreement. m. Individuals desiring to be included Take notice that the following GTN further states that a copy of this on the Commission’s mailing list should application has been filed with the filing has been served on GTN’s so indicate by writing to the Secretary Commission and is available for public jurisdictional customers and interested of the Commission. inspection: state regulatory agencies. a. Application Type: Non-Project Use n. Comments, Protests, or Motions to Any person desiring to intervene or to of Project Lands. Intervene: Anyone may submit protest this filing must file in b. Project No: 2413–065. comments, a protest, or a motion to accordance with Rules 211 and 214 of c. Date Filed: October 15, 2004. intervene in accordance with the the Commission’s Rules of Practice and d. Applicant: Georgia Power requirements of Rules of Practice and Procedure (18 CFR 385.211 and Company. Procedure, 18 CFR 385.210, 385.211, 385.214). Protests will be considered by e. Name of Project: Wallace Dam the Commission in determining the 385.214. In determining the appropriate Hydroelectric Project. action to take, the Commission will appropriate action to be taken, but will f. Location: The project is located on not serve to make protestants parties to consider all protests or other comments the Oconee and Altahama Rivers in filed, but only those who file a motion the proceeding. Any person wishing to Putnam, Morgan, Oglethorpe, Greene, to intervene in accordance with the become a party must file a notice of and Hancock Counties, Georgia. intervention or motion to intervene, as g. Filed Pursuant to: Federal Power Commission’s Rules may become a appropriate. Such notices, motions, or Act, 16 U.S.C. 791(a)–825(r). party to the proceeding. Any comments, protests must be filed in accordance h. Applicant Contact: Lee B. Glenn, protests, or motions to intervene must with the provisions of § 154.210 of the Lake Resources Manager, Georgia be received on or before the specified Commission’s regulations (18 CFR Power, 125 Wallace Dam Road NE., comment date for the particular 154.210). Anyone filing an intervention Eatonton, Georgia 31024, (706) 485– application. or protest must serve a copy of that 8704. o. Filing and Service of Responsive document on the Applicant. Anyone i. FERC Contact: Any questions on Documents: Any filings must bear in all filing an intervention or protest on or this notice should be addressed to Steve capital letters the title ‘‘COMMENTS’’, before the intervention or protest date Naugle at (202) 502–6061, or by e-mail: ‘‘RECOMMENDATIONS FOR TERMS need not serve motions to intervene or [email protected]. AND CONDITIONS’’, ‘‘PROTEST’’, OR protests on persons other than the j. Deadline for filing comments and/ ‘‘MOTION TO INTERVENE’’, as Applicant. or motions: December 6, 2004. applicable, and the Project Number of The Commission encourages All documents (original and eight the particular application to which the copies) should be filed with: Ms. electronic submission of protests and filing refers. A copy of any motion to Magalie R. Salas, Secretary, Federal interventions in lieu of paper using the intervene must also be served upon each ‘‘eFiling’’ link at http://www.ferc.gov. Energy Regulatory Commission, DHAC, representative of the Applicant Persons unable to file electronically PJ–12.1, 888 First Street, NE., specified in the particular application. should submit an original and 14 copies Washington DC 20426. Please include of the protest or intervention to the the project number (2413–065) on any p. Agency Comments: Federal, state, Federal Energy Regulatory Commission, comments or motions filed. Comments, and local agencies are invited to file 888 First Street, NE., Washington, DC protests and interventions may be filed comments on the described application. 20426. electronically via the Internet in lieu of A copy of the application may be This filing is accessible on-line at paper. See 18 CFR 385.2001(a)(1)(iii) obtained by agencies directly from the http://www.ferc.gov, using the and the instructions on the Applicant. If an agency does not file ‘‘eLibrary’’ link and is available for Commission’s Web site under the ‘‘e- comments within the time specified for review in the Commission’s Public Filing’’ link. The Commission strongly filing comments, it will be presumed to Reference Room in Washington, DC. encourages electronic filings. have no comments. One copy of an

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agency’s comments must also be sent to Comment Date: 5 p.m. Eastern Time should submit an original and 14 copies the Applicant’s representatives. on November 15, 2004. of the protest or intervention to the Federal Energy Regulatory Commission, Linda Mitry, Magalie R. Salas, 888 First Street, NE., Washington, DC Secretary. Deputy Secretary. 20426. [FR Doc. E4–3214 Filed 11–17–04; 8:45 am] [FR Doc. E4–3243 Filed 11–17–04; 8:45 am] This filing is accessible on-line at BILLING CODE 6717–01–P BILLING CODE 6717–01–P http://www.ferc.gov, using the ‘‘eLibrary’’ link and is available for review in the Commission’s Public DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Reference Room in Washington, DC. There is an ‘‘eSubscription’’ link on the Federal Energy Regulatory Federal Energy Regulatory Web site that enables subscribers to Commission Commission receive e-mail notification when a [Docket No. RP05–64–000] document is added to a subscribed [Docket No. TS04–150–001] docket(s). For assistance with any FERC Gulf South Pipeline Company, LP; Online service, please e-mail Granite State Gas Transmission, Inc.; Notice of Proposed Changes In FERC [email protected], or call Notice of Compliance Filing Gas Tariff (866) 208–3676 (toll free). For TTY, call (202) 502–8659. November 9, 2004. November 12, 2004. On October 20, 2004, Granite State Take notice that on November 8, Linda Mitry, Gas Transmission, Inc. (Granite State) 2004, Gulf South Pipeline Company, LP Deputy Secretary. submitted a compliance filing as tendered for filing as part of its FERC [FR Doc. E4–3237 Filed 11–17–04; 8:45 am] directed by the Commission’s order Gas Tariff, Sixth Revised Volume No. 1, BILLING CODE 6717–01–P issued September 20, 2004. 108 FERC the following tariff sheets, with an ¶ 61,243 (2004). effective date of December 8, 2004: Any person desiring to intervene or to Third Revised Sheet No. 1408 DEPARTMENT OF ENERGY protest this filing must file in Original Sheet No. 1408A Third Revised Sheet No. 1409 Federal Energy Regulatory accordance with Rules 211 and 214 of Commission the Commission’s Rules of Practice and Third Revised Sheet No. 1410 Fourth Revised Sheet No. 1411 Procedure (18 CFR 385.211, 385.214). [Docket No. RP05–65–000] Protests will be considered by the Gulf South states that it is proposing Commission in determining the to modify its tariff to post maximum rate Gulf South Pipeline Company, LP; Notice of Proposed Changes to Ferc appropriate action to be taken, but will firm contracts for bid and allow Gas Tariff not serve to make protestants parties to interested parties to increase the the proceeding. Any person wishing to contract term. November 12, 2004. Gulf South states that copies of its become a party must file a notice of Take notice that on November 8, filing have been served upon Gulf intervention or motion to intervene, as 2004, Gulf South Pipeline Company, LP South’s customers, state commissions appropriate. Such notices, motions, or (Gulf South) tendered for filing as part and other interested parties. protests must be filed on or before the of its Sixth Revised Volume No. 1 FERC comment date. Anyone filing a motion Any person desiring to intervene or to protest this filing must file in Gas Tariff, the following tariff sheets, to to intervene or protest must serve a copy become effective December 8, 2004. of that document on the Applicant and accordance with Rules 211 and 214 of Sixth Revised Volume No. 1 all the parties in this proceeding. the Commission’s Rules of Practice and Procedure (18 CFR 385.211 and Fourth Revised Sheet No. 102 The Commission encourages 385.214). Protests will be considered by Gulf South states that it is proposing electronic submission of protests and the Commission in determining the certain changes to its firm transportation interventions in lieu of paper using the appropriate action to be taken, but will service (FTS) rate schedule. ‘‘eFiling’’ link at http://www.ferc.gov. not serve to make protestants parties to Gulf South states that copies of this Persons unable to file electronically the proceeding. Any person wishing to filing have been served upon Gulf should submit an original and 14 copies become a party must file a notice of South’s customers, State commissions of the protest or intervention to the intervention or motion to intervene, as and other interested parties Federal Energy Regulatory Commission, appropriate. Such notices, motions, or Any person desiring to intervene or to 888 First Street, NE., Washington, DC protests must be filed in accordance protest this filing must file in 20426. with the provisions of section 154.210 accordance with Rules 211 and 214 of This filing is accessible on-line at of the Commission’s regulations (18 CFR the Commission’s Rules of Practice and http://www.ferc.gov, using the 154.210). Anyone filing an intervention Procedure (18 CFR 385.211 and ‘‘eLibrary’’ link and is available for or protest must serve a copy of that 385.214). Protests will be considered by review in the Commission’s Public document on the Applicant. Anyone the Commission in determining the Reference Room in Washington, DC. filing an intervention or protest on or appropriate action to be taken, but will There is an ‘‘eSubscription’’ link on the before the intervention or protest date not serve to make protestants parties to Web site that enables subscribers to need not serve motions to intervene or the proceeding. Any person wishing to receive e-mail notification when a protests on persons other than the become a party must file a notice of document is added to a subscribed Applicant. intervention or motion to intervene, as docket(s). For assistance with any FERC The Commission encourages appropriate. Such notices, motions, or Online service, please e-mail electronic submission of protests and protests must be filed in accordance [email protected], or call interventions in lieu of paper using the with the provisions of Section 154.210 (866) 208–3676 (toll free). For TTY, call ‘‘eFiling’’ link at http://www.ferc.gov. of the Commission’s regulations (18 CFR (202) 502–8659. Persons unable to file electronically 154.210). Anyone filing an intervention

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or protest must serve a copy of that official service list in the above- e. Name of Project: Swinging Bridge document on the Applicant. Anyone captioned proceeding, as well as all Project. filing an intervention or protest on or customers and interested state f. Location: The project is located on before the intervention or protest date commissions. the Mongaup River in Sullivan and need not serve motions to intervene or Any person desiring to protest this Orange Counties, New York. protests on persons other than the filing must file in accordance with Rule g. Filed Pursuant to: Federal Power Applicant. 211 of the Commission’s Rules of Act, 16 U.S.C. 791 (a) 825(r) and §§ 799 The Commission encourages Practice and Procedure (18 CFR and 801. electronic submission of protests and 385.211). Protests to this filing will be h. Applicant Contact: Elliot Neri, interventions in lieu of paper using the considered by the Commission in Bowline Plant Manager, (845) 786–8000. ‘‘eFiling’’ link at http://www.ferc.gov. determining the appropriate action to be i. FERC Contact: Any questions on Persons unable to file electronically taken, but will not serve to make this notice should be addressed to Mrs. should submit an original and 14 copies protestants parties to the proceeding. Heather Campbell at (202) 502–6182, or of the protest or intervention to the Such protests must be filed in e-mail address: Federal Energy Regulatory Commission, accordance with the provisions of [email protected]. 888 First Street, NE., Washington, DC section 154.210 of the Commission’s j. Deadline for Filing Comments and 20426. regulations (18 CFR 154.210). Anyone or Motions: December 6, 2004. This filing is accessible on-line at filing a protest must serve a copy of that All documents (original and eight http://www.ferc.gov, using the document on all the parties to the copies) should be filed with: Ms. ‘‘eLibrary’’ link and is available for proceeding. Magalie R. Salas, Secretary, Federal review in the Commission’s Public The Commission encourages Energy Regulatory Commission, 888 Reference Room in Washington, DC. electronic submission of protests in lieu First Street, NE., Washington, DC 20426. There is an ‘‘eSubscription’’ link on the of paper using the ‘‘eFiling’’ link at Please include the project number (P– Web site that enables subscribers to http://www.ferc.gov. Persons unable to 10482–065) on any comments or receive e-mail notification when a file electronically should submit an motions filed. Comments, protests, and document is added to a subscribed original and 14 copies of the protest to interventions may be filed electronically docket(s). For assistance with any FERC the Federal Energy Regulatory via the Internet in lieu of paper. See 18 Online service, please e-mail Commission, 888 First Street, NE., CFR 385.2001(a)(1)(iii) and the [email protected], or call Washington, DC 20426. instructions on the Commission’s Web (866) 208–3676 (toll free). For TTY, call This filing is accessible online at site at http://www.ferc.gov under the ‘‘e- (202) 502–8659. http://www.ferc.gov, using the Filing’’ link. The Commission strongly ‘‘eLibrary’’ link and is available for encourages e-filings. Linda Mitry, review in the Commission’s Public k. Description of Request: Mirant is Deputy Secretary. Reference Room in Washington, DC. requesting an amendment to its [FR Doc. E4–3238 Filed 11–17–04; 8:45 am] There is an ‘‘eSubscription’’ link on the approved recreation plan to eliminate BILLING CODE 6717–01–P Web site that enables subscribers to the boat launch at the southern end of receive e-mail notification when a Toronto Reservoir (Toronto Dam boat document is added to a subscribed launch) and enhance the facilities at the DEPARTMENT OF ENERGY docket(s). For assistance with any FERC northern end of the reservoir (Moscoe Online service, please e-mail Road boat launch). Federal Energy Regulatory [email protected], or call l. Location of the Application: This Commission (866) 208–3676 (toll free). For TTY, call filing is available for review at the [Docket No. RP04–360–001] (202) 502–8659. Commission in the Public Reference Room 888 First Street, NE., Room 2A, Maritimes & Northeast Pipeline, L.L.C.; Magalie R. Salas, Washington, DC 20426 or may be Notice of Compliance Filing Secretary. viewed on the Commission’s Web site at [FR Doc. E4–3219 Filed 11–17–04; 8:45 am] http://www.ferc.gov using the ‘‘e- November 5, 2004. BILLING CODE 6717–01–P library’’ link. Enter the docket number Take notice that on November 1, excluding the last three digits in the 2004, Maritimes & Northeast Pipeline, docket number field to access the L.L.C. (Maritimes) submitted a report on DEPARTMENT OF ENERGY document. For assistance, call toll-free technical conference and compliance 1–866–208–3676 or e-mail filing pursuant to the Commission’s July Federal Energy Regulatory [email protected]. For TTY, 29, 2004, order in Docket No. RP04– Commission call (202) 502–8659. A copy is also 360–000. Maritimes states that following available for inspection and Notice of Application for Amendment two technical conferences in this reproduction at the address in item h. of License and Soliciting Comments, proceeding regarding Maritimes’ non- above. rate tariff proposals and further Motions To Intervene, and Protests m. Individuals desiring to be included discussions with the parties, Maritimes November 5, 2004. on the Commission’s mailing list should agreed to make certain revisions to the Take notice that the following so indicate by writing to the Secretary non-rate tariff proposals in its June 30, application has been filed with the of the Commission. 2004, filing in this proceeding. Commission and is available for public n. Comments, Protests, or Motions to Maritimes further states that the tariff inspection: Intervene—Anyone may submit sheets included with this filing reflect a. Application Type: Amendment of comments, a protest, or a motion to such revisions. Maritimes has proposed recreation plan. intervene in accordance with the an effective date of December 1, 2004, b. Project No.: 10482–065. requirements of Rules of Practice and for these revised tariff sheets. c. Date Filed: October 25, 2004. Procedure, 18 CFR 385.210, .211, .214. Maritimes states that copies of the d. Applicant: Mirant Bowline, LLC In determining the appropriate action to filing were served on parties on the (Mirant). take, the Commission will consider all

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protests or other comments filed, but g. Filed Pursuant to: Federal Power protests or other comments filed, but only those who file a motion to Act, 16 U.S.C. 791a–825r. only those who file a motion to intervene in accordance with the h. Applicant Contact: Jim Washburn, intervene in accordance with the Commission’s Rules may become a Sabine River Authority of Texas and Commission’s Rules may become a party to the proceeding. Any comments, Sabine River Authority, State of party to the proceeding. Any comments, protests, or motions to intervene must Louisiana, Route 1, Box 270, Burkeville, protests, or motions to intervene must be received on or before the specified Texas 75932, (409) 565–2273. be received on or before the specified comment date for the particular i. FERC Contact: Any questions on comment date for the particular application. this notice should be addressed to Mr. application. o. Filing and Service of Responsive Jake Tung at (202) 502–8757, or e-mail o. Filing and Service of Responsive Documents—Any filings must bear in address: [email protected]. Documents—Any filings must bear in all capital letters the title j. Deadline for Filing Comments and all capital letters the title ‘‘COMMENTS’’, or Motions: December 6, 2004. ‘‘COMMENTS’’, ‘‘RECOMMENDATIONS FOR TERMS k. Description of Request: Sabine ‘‘RECOMMENDATIONS FOR TERMS AND CONDITIONS’’, ‘‘PROTEST’’, or River Authority of Texas and Sabine AND CONDITIONS’’, ‘‘PROTEST’’, or ‘‘MOTION TO INTERVENE’’, as River Authority, State of Louisiana, ‘‘MOTION TO INTERVENE’’, as licensee, filed an application to amend applicable, and the Project Number of applicable, and the Project Number of the license to decrease the authorized the particular application to which the the particular application to which the capacity of the project. The licensee is filing refers. A copy of any motion to filing refers. All documents (original proposing to not install the authorized intervene must also be served upon each and eight copies) should be filed with: 750 kW mini-hydro power facility in the representative of the Applicant Magalie R. Salas, Secretary, Federal spillway. The original license was specified in the particular application. Energy Regulatory Commission, 888 issued in October 1963 and amended in p. Agency Comments—Federal, State, First Street, NE., Washington, DC 20426. 1986 for the addition of a mini-hydro and local agencies are invited to file A copy of any motion to intervene must power facility in the spillway to utilize also be served upon each representative comments on the described minimum flow releases. The licensee of the Applicant specified in the applications. Copies of the applications stated that it has made a good faith particular application. may be obtained by agencies directly effort to initiate construction of the p. Agency Comments—Federal, State, from the Applicant. If an agency does spillway mini-hydro power project, and local agencies are invited to file not file comments within the time however, it has been unable to market comments on the described application. specified for filing comments, it will be the power at a profitable rate. The A copy of the application may be presumed to have no comments. One licensee will continue to comply with obtained by agencies directly from the copy of an agency’s comments must also the project’s continuous minimum flow Applicant. If an agency does not file be sent to the Applicant’s requirement of 144 cfs. comments within the time specified for representatives. l. Locations of the Application: A filing comments, it will be presumed to copy of the application is available for Magalie R. Salas, have no comments. One copy of an inspection and reproduction at the Secretary. agency’s comments must also be sent to Commission’s Public Reference Room, [FR Doc. E4–3210 Filed 11–17–04; 8:45 am] the Applicant’s representatives. located at 888 First Street, NE., Room BILLING CODE 6717–01–P q. Comments, protests and 2A, Washington, DC 20426, or by calling interventions may be filed electronically (202) 502–8371. This filing may also be via the Internet in lieu of paper. See 18 viewed on the Commission’s Web site at DEPARTMENT OF ENERGY CFR 385.2001(a)(1)(iii) and the http://www.ferc.gov using the instructions on the Commission’s Web Federal Energy Regulatory ‘‘eLibrary’’ link. Enter the docket site at http://www.ferc.gov under the ‘‘e- Commission number excluding the last three digits in Filing’’ link. the docket number field to access the Notice of Application for Amendment document. You may also register online Magalie R. Salas, of License and Soliciting Comments, at http://www.ferc.gov/docs-filing/ Secretary. Motions To Intervene, and Protests esubscription.asp to be notified via e- [FR Doc. E4–3213 Filed 11–17–04; 8:45 am] mail of new filings and issuances BILLING CODE 6717–01–P November 5, 2004. related to this or other pending projects. Take notice that the following For assistance, call 1–866–208–3676 or application has been filed with the e-mail [email protected], DEPARTMENT OF ENERGY Commission and is available for public for TTY, call (202) 502–8659. A copy is inspection: also available for inspection and Federal Energy Regulatory a. Application Type: Amendment of reproduction at the address in item (h) Commission license to decrease the authorized above. [Docket No. TS04–274–001] installed capacity. m. Individuals desiring to be included b. Project No.: 2305–019. on the Commission’s mailing list should Shell Gas Transmission, LLC; Notice c. Date Filed: August 22, 2003. so indicate by writing to the Secretary of Compliance Filing d. Applicant: Sabine River Authority of the Commission. of Texas and Sabine River Authority, n. Comments, Protests, or Motions to November 9, 2004. State of Louisiana. Intervene—Anyone may submit On October 20, 2004, Shell Gas e. Name of Project: Toledo Bend comments, a protest, or a motion to Transmission, LLC (Shell Gas) Project. intervene in accordance with the submitted a compliance on behalf of f. Location: The project is located on requirements of Rules of Practice and Garden Banks Gas Pipeline, LLC, the Sabine River in Newton County in Procedure, 18 CFR 385.210, .211, .214. Nautilus Pipeline Company, L.L.C., and Texas, and in Sabine Parish in In determining the appropriate action to Stingray Pipeline Company, L.L.C., as Louisiana. take, the Commission will consider all directed by the Commission’s order

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issued September 20, 2004. 108 FERC proceeding. SNG further states that it DEPARTMENT OF ENERGY ¶ 61, 243 (2004). also tendered certain tariff sheets to its Any person desiring to intervene or to FERC Gas Tariff to allow shippers to Federal Energy Regulatory protest this filing must file in segment supplies from production area Commission accordance with Rules 211 and 214 of pools and from CSS and ISS storage the Commission’s Rules of Practice and accounts through zone 1 north system or [Docket No. RP04–523–002] Procedure (18 CFR 385.211, 385.214). zone 1 south system pools. SNG states Protests will be considered by the that the tariff sheets listed below, are Southern Natural Gas Company; Commission in determining the proposed to become effective January 1, Notice of Compliance Filing appropriate action to be taken, but will 2005. not serve to make protestants parties to November 5, 2004. the proceeding. Any person wishing to Seventh Revised Volume No. 1 Take notice that on November 1, become a party must file a notice of Twelfth Revised Sheet No. 126 2004, Southern Natural Gas Company intervention or motion to intervene, as Second Revised Sheet No. 126.02 (Southern) tendered for filing as part of appropriate. Such notices, motions, or its FERC Gas Tariff, Seventh Revised Any person desiring to protest this protests must be filed on or before the Volume No. 1 the following tariff sheets, filing must file in accordance with Rule comment date. Anyone filing a motion to become effective October 1, 2004: 211 of the Commission’s Rules of to intervene or protest must serve a copy Fourth Revised Sheet No. 161 of that document on the Applicant and Practice and Procedure (18 CFR Third Revised Sheet No. 212J all the parties in this proceeding. 385.211). Protests to this filing will be Original Sheet No. 212J.01 The Commission encourages considered by the Commission in determining the appropriate action to be Southern states that these tariff sheets electronic submission of protests and are filed in compliance with the taken, but will not serve to make interventions in lieu of paper using the Commission’s September 30, 2004 protestants parties to the proceeding. ‘‘eFiling’’ link at http://www.ferc.gov. Order in Docket No. RP04–523. Such protests must be filed in Persons unable to file electronically Any person desiring to protest this accordance with the provisions of should submit an original and 14 copies filing must file in accordance with Rule of the protest or intervention to the Section 154.210 of the Commission’s 211 of the Commission’s Rules of Federal Energy Regulatory Commission, regulations (18 CFR 154.210). Anyone Practice and Procedure (18 CFR 888 First Street, NE., Washington, DC filing a protest must serve a copy of that 385.211). Protests to this filing will be 20426. document on all the parties to the considered by the Commission in This filing is accessible on-line at proceeding. determining the appropriate action to be http://www.ferc.gov, using the The Commission encourages taken, but will not serve to make ‘‘eLibrary’’ link and is available for electronic submission of protests in lieu protestants parties to the proceeding. review in the Commission’s Public of paper using the ‘‘eFiling’’ link at Such protests must be filed in Reference Room in Washington, DC. http://www.ferc.gov. Persons unable to accordance with the provisions of There is an ‘‘eSubscription’’ link on the Section 154.210 of the Commission’s Web site that enables subscribers to file electronically should submit an original and 14 copies of the protest to regulations (18 CFR 154.210). Anyone receive e-mail notification when a filing a protest must serve a copy of that document is added to a subscribed the Federal Energy Regulatory Commission, 888 First Street, NE., document on all the parties to the docket(s). For assistance with any FERC proceeding. Online service, please e-mail Washington, DC 20426. The Commission encourages [email protected], or call This filing is accessible on-line at electronic submission of protests in lieu (866) 208–3676 (toll free). For TTY, call http://www.ferc.gov, using the of paper using the ‘‘eFiling’’ link at (202) 502–8659. ‘‘eLibrary’’ link and is available for http://www.ferc.gov. Persons unable to Comment Date: 5 p.m. Eastern Time review in the Commission’s Public file electronically should submit an on November 15, 2004. Reference Room in Washington, DC. original and 14 copies of the protest to Linda Mitry, There is an ‘‘eSubscription’’ link on the the Federal Energy Regulatory Deputy Secretary. Web site that enables subscribers to Commission, 888 First Street, NE., [FR Doc. E4–3225 Filed 11–17–04; 8:45 am] receive e-mail notification when a Washington, DC 20426. BILLING CODE 6717–01–P document is added to a subscribed This filing is accessible on-line at docket(s). For assistance with any FERC http://www.ferc.gov, using the Online service, please e-mail ‘‘eLibrary’’ link and is available for DEPARTMENT OF ENERGY [email protected], or call review in the Commission’s Public (866) 208–3676 (toll free). For TTY, call Reference Room in Washington, DC. Federal Energy Regulatory (202) 502–8659. There is an ‘‘eSubscription’’ link on the Commission Web site that enables subscribers to Magalie R. Salas, [Docket No. RP00–476–006] receive e-mail notification when a Secretary. document is added to a subscribed Southern Natural Gas Company; [FR Doc. E4–3218 Filed 11–17–04; 8:45 am] docket(s). For assistance with any FERC Notice Of Compliance Filing BILLING CODE 6717–01–P Online service, please e-mail [email protected], or call November 5, 2004. (866) 208–3676 (toll free). For TTY, call Take notice that on November 1, (202) 502–8659. 2004, Southern Natural Gas Company (SNG) tendered for filing its first-year Magalie R. Salas, report of segmentation activity in Secretary. accordance with the Commission’s July [FR Doc. E4–3220 Filed 11–17–04; 8:45 am] 30, 2003 order issued in this BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY (866) 208–3676 (toll free). For TTY, call 888 First Street, NE., Washington, DC (202) 502–8659. 20426. Federal Energy Regulatory This filing is accessible on-line at Commission Linda Mitry, http://www.ferc.gov, using the Deputy Secretary. [Docket No. RP05–63–000] ‘‘eLibrary’’ link and is available for [FR Doc. E4–3236 Filed 11–17–04; 8:45 am] review in the Commission’s Public Trailblazer Pipeline Company; Notice BILLING CODE 6717–01–P Reference Room in Washington, DC. of Refund Report There is an ‘‘eSubscription’’ link on the Web site that enables subscribers to November 12, 2004. DEPARTMENT OF ENERGY receive email notification when a Take notice that on November 8, document is added to a subscribed 2004, Trailblazer Pipeline Company Federal Energy Regulatory Commission docket(s). For assistance with any FERC (Trailblazer) tendered for filing its Online service, please e-mail Refund Report regarding the penalty [Docket No. RP05–61–000] [email protected], or call revenues for the period July 1, 2004, (866) 208–3676 (toll free). For TTY, call through September 30, 2004, that it Transcontinental Gas Pipe Line (202) 502–8659. refunded to its customers pursuant to Corporation; Notice of Proposed section 40.10 of the General Terms and Changes in FERC Gas Tariff Linda Mitry, Conditions of its FERC Gas Tariff, Third Deputy Secretary. Revised Volume No. 1. November 9, 2004. [FR Doc. E4–3234 Filed 11–17–04; 8:45 am] Trailblazer states that copies of the Take notice that on November 4, BILLING CODE 6717–01–P filing are being mailed to its customers 2004, Transcontinental Gas Pipe Line and interested state commissions. Corporation (Transco) tendered for Any person desiring to intervene or to filing as part of its FERC Gas Tariff, DEPARTMENT OF ENERGY protest this filing must file in Third Revised Volume No. 1, the accordance with Rules 211 and 214 of following tariff sheets, to become Federal Energy Regulatory the Commission’s Rules of Practice and effective November 1, 2004: Commission Procedure (18 CFR 385.211 and [Docket No. RP05–66–000] 385.214). Protests will be considered by Thirty-Eighth Revised Sheet No. 27 Fifty-Second Revised Sheet No. 28A the Commission in determining the Transcontinental Gas Pipe Line appropriate action to be taken, but will Transco states that the proposed rate Corporation; Notice of Proposed not serve to make protestants parties to changes would decrease the annual Changes in FERC Gas Tariff the proceeding. Any person wishing to revenues by approximately $120,000. become a party must file a notice of Transco states that copies of the filing November 12, 2004. intervention or motion to intervene, as are being mailed to each of its GSS and Take notice that on November 8, appropriate. Such notices, motions, or LSS customers and interested State 2004, Transcontinental Gas Pipe Line protests must be filed in accordance commissions. Corporation (Transco) tendered for with the provisions of section 154.210 Any person desiring to intervene or to filing as part of its FERC Gas Tariff, of the Commission’s regulations (18 CFR protest this filing must file in Third Revised Volume No. 1, the tariff 154.210). Anyone filing an intervention accordance with Rules 211 and 214 of sheets enumerated on Appendix A to its or protest must serve a copy of that the Commission’s Rules of Practice and filing, to become effective December 1, document on the Applicant. Anyone Procedure (18 CFR 385.211 and 2004. filing an intervention or protest on or 385.214). Protests will be considered by Transco states that the purpose of the before the intervention or protest date the Commission in determining the instant filing is to (1) modify certain need not serve motions to intervene or appropriate action to be taken, but will provisions of its tariff to require that protests on persons other than the not serve to make protestants parties to Transco post to its Internet Web site Applicant. the proceeding. Any person wishing to exercises of discretion under those The Commission encourages become a party must file a notice of particular tariff provisions, thereby electronic submission of protests and intervention or motion to intervene, as eliminating the requirement to make a interventions in lieu of paper using the appropriate. Such notices, motions, or duplicate posting to its waiver log; (2) ‘‘eFiling’’ link at http://www.ferc.gov. protests must be filed in accordance propose changes to the Maximum Daily Persons unable to file electronically with the provisions of Section 154.210 Delivery Point Entitlement provisions of should submit an original and 14 copies of the Commission’s regulations (18 CFR Section 19.1(d) and 19.2(d) of the of the protest or intervention to the 154.210). Anyone filing an intervention General Terms and Conditions of its Federal Energy Regulatory Commission, or protest must serve a copy of that tariff; and (3) propose other changes to 888 First Street, NE., Washington, DC document on the Applicant. Anyone its tariff designed to provide greater 20426. filing an intervention or protest on or service flexibility for Transco and its This filing is accessible on-line at before the intervention or protest date shippers. http://www.ferc.gov, using the need not serve motions to intervene or Any person desiring to intervene or to ‘‘eLibrary’’ link and is available for protests on persons other than the protest this filing must file in review in the Commission’s Public Applicant. accordance with Rules 211 and 214 of Reference Room in Washington, DC. The Commission encourages the Commission’s Rules of Practice and There is an ‘‘eSubscription’’ link on the electronic submission of protests and Procedure (18 CFR 385.211 and Web site that enables subscribers to interventions in lieu of paper using the 385.214). Protests will be considered by receive e-mail notification when a ‘‘eFiling’’ link at http://www.ferc.gov. the Commission in determining the document is added to a subscribed Persons unable to file electronically appropriate action to be taken, but will docket(s). For assistance with any FERC should submit an original and 14 copies not serve to make protestants parties to Online service, please e-mail of the protest or intervention to the the proceeding. Any person wishing to [email protected], or call Federal Energy Regulatory Commission, become a party must file a notice of

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intervention or motion to intervene, as nomination in order for gas to continue DEPARTMENT OF ENERGY appropriate. Such notices, motions, or to flow after the effective time of the protests must be filed in accordance next standard nomination cycle. Federal Energy Regulatory with the provisions of Section 154.210 Williston Basin further states it is also Commission of the Commission’s regulations (18 CFR revising this subsection to remove the Notice of Application and Soliciting 154.210). Anyone filing an intervention discretionary language and the Comments, Motions To Intervene, and or protest must serve a copy of that associated posting requirement. document on the Applicant. Anyone Protests Any person desiring to intervene or to filing an intervention or protest on or November 5, 2004. before the intervention or protest date protest this filing must file in Take notice that the following need not serve motions to intervene or accordance with Rules 211 and 214 of application has been filed with the protests on persons other than the the Commission’s Rules of Practice and Commission and is available for public Applicant. Procedure (18 CFR 385.211 and The Commission encourages 385.214). Protests will be considered by inspection: electronic submission of protests and the Commission in determining the a. Application Type: Change in Land Rights. interventions in lieu of paper using the appropriate action to be taken, but will b. Project No: 2113–165. ‘‘eFiling’’ link at http://www.ferc.gov. not serve to make protestants parties to Persons unable to file electronically c. Date Filed: October 12, 2004. the proceeding. Any person wishing to d. Applicant: Wisconsin Valley should submit an original and 14 copies become a party must file a notice of of the protest or intervention to the Improvement Company (WVIC). intervention or motion to intervene, as e. Name of Project: Wisconsin Valley Federal Energy Regulatory Commission, appropriate. Such notices, motions, or 888 First Street, NE., Washington, DC (Reservoirs) Hydroelectric Project. protests must be filed in accordance f. Location: The project is located on 20426. with the provisions of Section 154.210 This filing is accessible online at the Wisconsin River and Headwater of the Commission’s regulations (18 CFR http://www.ferc.gov, using the Tributaries in Gogebic County, ‘‘eLibrary’’ link and is available for 154.210). Anyone filing an intervention Michigan and Vilas, Forest, Oneida, review in the Commission’s Public or protest must serve a copy of that Lincoln, and Marathon Counties, Reference Room in Washington, DC. document on the Applicant. Anyone Wisconsin. There is an ‘‘eSubscription’’ link on the filing an intervention or protest on or g. Filed Pursuant to: Federal Power Web site that enables subscribers to before the intervention or protest date Act, 16 U.S.C. 791(a)–825(r). receive e-mail notification when a need not serve motions to intervene or h. Applicant Contact: Robert W. Gall, document is added to a subscribed protests on persons other than the President, Wisconsin Valley docket(s). For assistance with any FERC Applicant. Improvement Company, 2301 North Third Street, Wausau, Wisconsin 54403, Online service, please e-mail The Commission encourages [email protected], or call (715) 848–2976, ext. 308. electronic submission of protests and i. FERC Contact: Any questions on (866) 208–3676 (toll free). For TTY, call interventions in lieu of paper using the (202) 502–8659. this notice should be addressed to Steve ‘‘eFiling’’ link at http://www.ferc.gov. Naugle at (202) 502–6061, or by e-mail: Linda L. Mitry, Persons unable to file electronically [email protected]. Acting Secretary. should submit an original and 14 copies j. Deadline for filing comments and/ [FR Doc. E4–3239 Filed 11–17–04; 8:45 am] of the protest or intervention to the or motions: December 6, 2004. BILLING CODE 6717–01–P Federal Energy Regulatory Commission, All documents (original and eight 888 First Street, NE., Washington, DC copies) should be filed with: Ms. 20426. Magalie R. Salas, Secretary, Federal DEPARTMENT OF ENERGY This filing is accessible online at Energy Regulatory Commission, DHAC, http://www.ferc.gov, using the PJ–12.1, 888 First Street, NE., Federal Energy Regulatory Washington DC 20426. Please include Commission ‘‘eLibrary’’ link and is available for review in the Commission’s Public the project number (2113–165) on any [Docket No. RP05–62–000] Reference Room in Washington, DC. comments or motions filed. Comments, protests and interventions may be filed There is an ‘‘eSubscription’’ link on the Williston Basin Interstate Pipeline electronically via the Internet in lieu of Web site that enables subscribers to Company; Notice of Proposed Change paper. See 18 CFR 385.2001(a)(1)(iii) in FERC Gas Tariff receive e-mail notification when a and the instructions on the document is added to a subscribed Commission’s Web site under the ‘‘e- November 12, 2004. docket(s). For assistance with any FERC Filing’’ link. The Commission strongly Take notice that on November 5, Online service, please e-mail encourages electronic filings. 2004, Williston Basin Interstate Pipeline [email protected], or call k. Description of Proposal: WVIC, Company (Williston Basin) tendered for (866) 208–3676 (toll free). For TTY, call licensee for the Wisconsin Valley filing as part of its FERC Gas Tariff, (202) 502–8659. (Reservoirs) Project proposes to transfer Second Revised Volume No. 1, the fee ownership of 6,114.6 acres of following tariff sheet, to become Linda Mitry, flooded Project land (reservoir bottom) effective December 5, 2004: Deputy Secretary. to the Wisconsin Department of Natural Second Revised Volume No. 1 [FR Doc. E4–3235 Filed 11–17–04; 8:45 am] Resources (WDNR) at the Willow Third Revised Sheet No. 227B BILLING CODE 6717–01–P Reservoir. The licensee shall retain: (1) Williston Basin states that it is Areas owned in fee that contain dikes proposing this tariff change in order to and other operational structures; (2) allow a shipper making a nomination flowage rights necessary for reservoir request subject to subsection 9.10 of its operation; and (3) responsibility for FERC Gas Tariff to make only one Cultural Resource management of

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project lands. The FERC Project DEPARTMENT OF ENERGY document is added to a subscribed boundary will remain unchanged. docket(s). For assistance with any FERC Federal Energy Regulatory l. This filing is available for review at Online service, please e-mail Commission the Commission in the Public Reference [email protected], or call Room or may be viewed on the [Docket No. EL05–21–000] (866) 208–3676 (toll free). For TTY, call (202) 502–8659. Commission’s Web site at www.ferc.gov Tenaska Frontier Partners, Ltd., Comment Date: 5 p.m. eastern time on using the ‘‘eLibrary’’ link. Enter the Complainant v. Entergy Gulf States, November 26, 2004. docket number excluding the last three Inc. and Entergy Services, Inc., Linda Mitry, digits in the docket number field to Respondents; Notice of Complaint access the document. For assistance, Deputy Secretary. contact FERC Online Support at November 10, 2004. [FR Doc. E4–3229 Filed 11–17–04; 8:45 am] [email protected] or call Take notice that on November 8, BILLING CODE 6717–01–P toll-free 1–866–208–3676, or for TTY, 2004, Tenaska Frontier Partners, Ltd. call (202) 502–8659. (Frontier) filed a Complaint, pursuant to Section 206 of the Federal Power Act, DEPARTMENT OF ENERGY m. Individuals desiring to be included against Entergy Gulf States, Inc. and on the Commission’s mailing list should Entergy Services, Inc. (collectively, Federal Energy Regulatory so indicate by writing to the Secretary Entergy). The Complaint asserts that Commission of the Commission. Entergy is violating the Commission’s [Docket No. ER96–719–003, et al.] n. Comments, Protests, or Motions To Interconnection Policy, engaging in Intervene: Anyone may submit prohibited ‘‘and’’ pricing, and charging MidAmerican Energy Company, et al.; comments, a protest, or a motion to unjust and unreasonable rates because Electric Rate and Corporate Filings intervene in accordance with the Entergy has misclassified certain November 9, 2004. requirements of Rules of Practice and interconnection-related facilities in the The following filings have been made Procedure, 18 CFR 385.210, 385.211, Frontier-Entergy Interconnection with the Commission. The filings are 385.214. In determining the appropriate Agreement and is refusing to provide transmission credits for facilities that listed in ascending order within each action to take, the Commission will docket classification. consider all protests or other comments should properly be classified as filed, but only those who file a motion Network Upgrades under the 1. MidAmerican Energy Company to intervene in accordance with the Commission’s Interconnection Policy. Frontier states that copies of the [Docket No. ER96–719–003] Commission’s Rules may become a Complaint have been served on Entergy. On October 29, 2004, MidAmerican party to the proceeding. Any comments, Any person desiring to intervene or to Energy Company (MidAmerican) protests, or motions to intervene must protest this filing must file in submitted a compliance filing pursuant be received on or before the specified accordance with Rules 211 and 214 of to the Commission’s Order issued July comment date for the particular the Commission’s Rules of Practice and 12, 2005, in Docket Nos. ER96–719–000 application. Procedure (18 CFR 385.211, 385.214). and EL04–106–000, 108 FERC ¶ 61,043 o. Filing and Service of Responsive Protests will be considered by the (2004). Documents: Any filings must bear in all Commission in determining the Comment Date: 5 p.m. eastern time on capital letters the title ‘‘COMMENTS’’, appropriate action to be taken, but will November 19, 2004. ‘‘RECOMMENDATIONS FOR TERMS not serve to make protestants parties to 2. Amerada Hess Corporation Hess AND CONDITIONS’’, ‘‘PROTEST’’, or the proceeding. Any person wishing to Energy, Inc. ‘‘MOTION TO INTERVENE’’, as become a party must file a notice of intervention or motion to intervene, as [Docket Nos. ER97–2153–014 and ER00– applicable, and the Project Number of 2181–002] the particular application to which the appropriate. The Respondent’s answer and all interventions, or protests must Take notice that on November 1, filing refers. A copy of any motion to be filed on or before the comment date. 2004, Amerada Hess Corporation and intervene must also be served upon each The Respondent’s answer, motions to Hess Energy, Inc. submitted for filing a representative of the Applicant intervene, and protests must be served Joint Triennial Updated Market specified in the particular application. on the Complainants. Analysis. p. Agency Comments: Federal, State, The Commission encourages Comment Date: 5 p.m. eastern time on and local agencies are invited to file electronic submission of protests and November 22, 2004. comments on the described application. interventions in lieu of paper using the 3. NorthWestern Energy A copy of the application may be ‘‘eFiling’’ link at http://www.ferc.gov. obtained by agencies directly from the Persons unable to file electronically [Docket No. ER04–1106–001] Applicant. If an agency does not file should submit an original and 14 copies Take notice that on November 3, comments within the time specified for of the protest or intervention to the 2004, NorthWestern Energy (NEW) filing comments, it will be presumed to Federal Energy Regulatory Commission, submitted, in response to the have no comments. One copy of an 888 First Street, NE., Washington, DC Commission’s October 4, 2004, agency’s comments must also be sent to 20426. deficiency letter, additional information This filing is accessible online at regarding its August 9, 2004, filing in the Applicant’s representatives. http://www.ferc.gov, using the Docket No. ER04–1106–000 of proposed Magalie R. Salas, ‘‘eLibrary’’ link and is available for modifications to its Open Access Secretary. review in the Commission’s Public Transmission Tariff which included [FR Doc. E4–3212 Filed 11–17–04; 8:45 am] Reference Room in Washington, DC. changes to Schedule 4—Energy There is an ‘‘eSubscription’’ link on the Imbalance Service; a new Schedule 9— BILLING CODE 6717–01–P Web site that enables subscribers to Generator Imbalance Service; and a new receive e-mail notification when a Attachment J containing the pro forma

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Large Generator Interconnection Standard Paragraph 1. National Energy & Gas Transmission, Procedures and Large Generator Inc.; The Goldman Sachs Group, Inc. Any person desiring to intervene or to Interconnection Agreement. [Docket No. EC05–16–000] Comment Date: 5 p.m. eastern time on protest this filing must file in November 24, 2004. accordance with Rules 211 and 214 of Take notice that on November 4, 2004 the Commission’s Rules of Practice and National Energy & Gas Transmission, 4. Pacific Gas and Electric Company Procedure (18 CFR 385.211 and Inc. (NGET) and The Goldman Sachs [Docket No. ER05–130–000] 385.214). Protests will be considered by Group, Inc. (GS Group), filed with the Take notice that on November 1, the Commission in determining the Federal Energy Regulatory Commission 2004, Pacific Gas and Electric Company appropriate action to be taken, but will an application pursuant to section 203 (PG&E) tendered for filing an not serve to make protestants parties to of the Federal Power Act for authorization for disposition of unexecuted Interconnection Agreement the proceeding. Any person wishing to jurisdictional assets related to NEGT’s between PG&E and Trinity Public become a party must file a notice of transfer of more than 5 percent of new Utilities District. PG&E requests an intervention or motion to intervene, as effective date of January 1, 2005. NEGT common stock to a subsidiary of appropriate. Such notices, motions, or GS Group in order to implement a Comment Date: 5 p.m. eastern time on protests must be filed on or before the November 22, 2004. proposed plan of reorganization filed comment date. Anyone filing a motion with the United States Bankruptcy 5. Pacific Gas and Electric Company to intervene or protest must serve a copy Court for the District of Maryland of that document on the Applicant and (Greenbelt Division) as more fully [Docket No. ER05–132–000] all parties to this proceeding. Take notice that on November 1, described in the Application. 2004, Pacific Gas and Electric Company The Commission encourages Comment Date: 5 p.m. eastern time on (PG&E) tendered for filing Generator electronic submission of protests and November 26, 2004. Interconnection Agreements (GIA) interventions in lieu of paper using the 2. Logan Generating Company, L.P.; between PG&E and each of the Western ‘‘eFiling’’ link at http://www.ferc.gov. Madison Windpower, LLC; Plains End, Area Power Administration’s generating Persons unable to file electronically LLC; National Energy & Gas plants (New Melones Power Plant, should submit an original and 14 copies Transmission, Inc.; GS Power Holdings O(Neill (San Luis Forebay) Pumping- of the protest or intervention to the II, LLC Generating Plant, and Share of San Luis Federal Energy Regulatory Commission, [Docket No. EC05–17–000] (William R. Gianelli) Pumping- 888 First Street, NE., Washington, DC Generating Plant). 20426. Take notice that on November 4, 2004, Logan Generating Company, L.P.; PG&E states that copies of this filing This filing is accessible on-line at have been served upon the Western Madison Windpower, LLC; Plains End, http://www.ferc.gov, using the LLC (together, the NEGT Project Area Power Administration, the ‘‘eLibrary’’ link and is available for California Independent System Operator Companies); National Energy & Gas review in the Commission’s Public Transmission, Inc. (NEGT); and GS Corporation and the California Public Reference Room in Washington, DC. Utilities Commission. Power Holdings II, LLC (GS Power) filed There is an ‘‘eSubscription’’ link on the with the Federal Energy Regulatory Comment Date: 5 p.m. eastern time on Web site that enables subscribers to November 22, 2004. Commission an application pursuant to receive e-mail notification when a section 203 of the Federal Power Act for 6. Metcalf Energy Center, LLC document is added to a subscribed authorization to permit GS Power to [Docket No. ES05–10–000] docket(s). For assistance with any FERC acquire NEGT’s indirect equity Online service, please e-mail Take notice that on October 26, 2004, ownership interest in the NEGT Project [email protected], or call Metcalf Energy Center, LLC (Metcalf) Companies. (866) 208–3676 (toll free). For TTY, call submitted an application pursuant to Comment Date: 5 p.m. eastern time on (202) 502–8659. section 204 of the Federal Power Act November 26, 2004. seeking authorization to issue debt Linda Mitry, 3. Tenaska Frontier Partners, Ltd., securities in an amount not to exceed Deputy Secretary. Complainant v. Entergy Gulf States, $100 million. [FR Doc. E4–3205 Filed 11–17–04; 8:45 am] Inc. and Entergy Services, Inc., Metcalf requests a waiver from the Respondents Commission’s competitive bidding and BILLING CODE 6717–01–P negotiated placement requirements at 18 [Docket No. EL05–21–000] CFR 34.2. Take notice that on November 8, Comment Date: 5 p.m. eastern time on DEPARTMENT OF ENERGY 2004, Tenaska Frontier Partners, Ltd. November 30, 2004. (Frontier) filed a Complaint, pursuant to Federal Energy Regulatory Section 206 of the Federal Power Act, 7. Trans-Elect NTD Path 15, LLC Commission against Entergy Gulf States, Inc. and [Docket No. ES05–11–000] Entergy Services, Inc. (collectively, Take notice that on October 29, 2004, [Docket No. EC05–16–000, et al.] Entergy). The Complaint asserts that Trans-Elect NTD Path 15, LLC (NTD Entergy is violating the Commission’s Path 15) requested authority to issue up National Energy & Gas Transmission, Interconnection Policy, engaging in to $40 million in additional equity to Inc., et al.; Electric Rate and Corporate prohibited ‘‘and’’ pricing, and charging NTD Holdings Path 15. Filings unjust and unreasonable rates because NTD Path 15 also requests a waiver Entergy has misclassified certain November 10, 2004. from the Commission’s competitive interconnection-related facilities in the bidding and negotiated placement The following filings have been made Frontier-Entergy Interconnection requirements at 18 CFR 34.2. with the Commission. The filings are Agreement and is refusing to provide Comment Date: 5 p.m. eastern time on listed in ascending order within each transmission credits for facilities that November 30, 2004. docket classification. should properly be classified as

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Network Upgrades under the December 1, 2003 in Docket No. ER04– 11. Southwest Power Pool, Inc. Commission’s Interconnection Policy. 11–000. [Docket No. ER05–156–001] Frontier states that copies of the PJM states that copies of the filing Take notice that on November 3, Complaint have been served on Entergy. were served on parties on the official 2004, Southwest Power Pool, Inc. (SPP) Comment Date: 5 p.m. eastern time on service list in Docket No. ER04–11. submitted a supplement to its November November 26, 2004. Comment Date: 5 p.m. eastern time on 1, 2004 filing in Docket No. ER05–156– November 26, 2004. 4. El Paso Electric Company 000 of a new Attachment AD to its 7. PJM Interconnection, L.L.C. [Docket No. ER99–2416–003] regional Open Access Transmission [Docket No. ER04–12–001] Tariff. SPP requests an effective date of Take notice that, on November 2, November 1, 2004. 2004, El Paso Electric Company (EPE) Take notice that on November 4, SPP states that it has served a copy of submitted a compliance filing pursuant 2004, PJM Interconnection, L.L.C. (PJM) its transmittal letter on each of its to the Commission’s November 17, 2003 submitted a compliance filing pursuant Members and Customers. SPP states that Order Amending Market-Based Rate to the Commission’s letter order issued a complete copy of this filing will be Tariffs and Authorizations in Dockets December 1, 2003 in Docket No. ER04– posted on the SPP Web site http:// No. EL01–118–000 et al., Investigation 12–000. www.spp.org, and is also being served of Terms and Conditions of Public PJM states that copies of the filing on all affected State commissions. Utility Market-Based Rate were served on parties on the official Comment Date: 5 p.m. eastern time on Authorizations, 105 FERC ¶ 61,218 service list in Docket No. ER04–12. November 24, 2004. (2003), order on reh’g, 107 FERC ¶ Comment Date: 5 p.m. eastern time on 61,175 (2004). November 26, 2004. 12. Southwestern Public Service Company El Paso Electric Company states that 8. Southern Company Services, Inc. copies of the filing were served on [Docket No. ER05–168–000] parties on the official service list in the [Docket No. ER04–459–004] Take notice that on November 2, above-captioned proceeding. Take notice that on November 4, 2004, Southwestern Public Service Comment Date: 5 p.m. eastern time on 2004, Southern Company Services, Inc. Company (SPS) tendered for filing November 23, 2004. (SCS), acting as agent for Alabama proposed (1) changes in the Fuel Cost Power Company, Georgia Power 5. Midwest Independent Transmission Adjustment clause (FCA) applicable to Company, Gulf Power Company, System Operator, Inc. the following wholesale full Mississippi Power Company and requirements customers: Cap Rock [Docket Nos. ER03–86–007 and ER03–83– Savannah Electric and Power Company, Energy, Central Valley Electric 006] submitted a compliance filing pursuant Cooperative, Inc., Farmers’ Electric Take notice that on November 2, to the Commission’s order issued 10/5/ Cooperative, Inc. of New Mexico, Lea 2004, the Midwest Independent 2004 in Docket Nos. ER04–459–002 and County Electric Cooperative, Inc., Transmission System Operator, Inc. 003, 109 FERC ¶ 61,014. Lyntegar Electric Cooperative, Inc., and (Midwest ISO), filed a supplement to its SCS states that copies of the filing Roosevelt County Electric Cooperative, compliance filing submitted on October were served on parties on the official Inc.; (2) changes in the FCA applicable 29, 2004 pursuant to the Commission’s service list in the Docket No. ER04–459. to SPS’s wholesale partial requirements Letter Orders issued September 22, 2004 Comment Date: 5 p.m. eastern time on customer, Golden Spread Electric in Docket Nos. ER03–83–004 and ER03– November 26, 2004. Cooperative, Inc.; (3) changes in the 86–003. Midwest ISO requests an 9. PJM Interconnection, L.L.C. and FCA applicable to SPS’s interruptible effective date of October 30, 2004. Virginia Electric and Power Company contract customer, Public Service Midwest ISO states that it has Company of New Mexico; and (4) electronically served a copy of this [Docket No. ER04–829–004] corresponding revised pages from SPS’s filing, with attachments, upon all Take notice that on November 4, power supply contracts with each of Midwest ISO Members, Member 2004, PJM Interconnection, L.L.C. (PJM) such customers, in compliance with the representatives of Transmission Owners and Virginia Electric and Power requirements of Order No. 614, and Non-Transmission Owners, the Company submitted a compliance filing including rate schedule designations. Midwest ISO Advisory Committee pursuant to the Commission’s order SPS requests an effective date of January participants, as well as all State issued October 5, 2004 in Docket Nos. 1, 2005. commissions within the region. In ER04–829–000 and 001, 109 FERC SPS states that it has served a copy of addition, Midwest ISO states that the ¶ 61,012. the complete filing on each of the filing has been electronically posted on Comment Date: 5 p.m. eastern time on affected customers, the Public Utility the Midwest ISO’s Web site at http:// November 26, 2004. Commission of Texas, and the New www.midwestiso.org under the heading 10. MeadWestvaco Energy Services LLC Mexico Public Regulation Commission. ‘‘Filings to FERC’’ for other interested SPS also states that copies of the filing parties in this matter. The Midwest ISO [Docket No. ER04–1137–002] are available for public inspection in the will provide hard copies to any Take notice that on November 4, offices of SPS in Amarillo, Texas. interested parties upon request. 2004, MeadWestvaco Energy Services Comment Date: 5 p.m. eastern time on Comment Date: 5 p.m. eastern time on LLC filed supplemental information to November 23, 2004. November 23, 2004. its petition for acceptance of initial rate 13. PPL Electric Utilities Corporation 6. PJM Interconnection, L.L.C. schedule, waivers and blanket authority originally filed on August 18, 2004 in [Docket No. ER05–169–000] [Docket No. ER04–11–001] Docket No. ER04–1137–000 and Take notice that on November 2, Take notice that on November 4, supplemented on October 8, 2004 in 2004, PPL Electric Utilities Corporation 2004, PJM Interconnection, L.L.C. (PJM) Docket No. ER04–1137–001. (PPL Electric) submitted revisions to submitted a compliance filing pursuant Comment Date: 5 p.m. eastern time on PPL Electric Rate Schedule FERC No. to the Commission’s letter order issued November 26, 2004. 180, a transmission agreement between

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PPL Electric and Allegheny Electric Electric) tendered for filing a notice of City of Marshall, Missouri—Rate Cooperative, Inc. (Allegheny). PPL cancellation of the service agreement Schedule FPC No. 83; City of Electric states that the revisions with Koch Energy Trading, Inc., Osawatomie, Kansas—Rate Schedule eliminate the reduction in the amount of predecessor in interest to Entergy-Koch FPC No. 77; City of Ottawa, Kansas— power delivered to Allegheny under the Trading, LP (Entergy-Koch) under Rate Schedule FERC No. 90; and City of agreement on account of transmission Tampa Electric’s Market-Based Sales Salisbury, Missouri—Rate Schedule losses. PPL Electric requests an effective Tariff. Tampa Electric proposes that the FERC No. 100. date of January 1, 2005. cancellation be made effective on KCPL states that copies of the filing PPL Electric states that the copies of November 2, 2004. were served upon KCPL’s jurisdictional the filing were served upon Allegheny. Tampa Electric states that copies of customers, as well as the Missouri Comment Date: 5 p.m. eastern time on the filing have been served on Entergy- Public Service Commission and the November 23, 2004. Koch and the Florida Public Service State Corporation Commission of 14. Southern California Edison Commission. Kansas. Comment Date: 5 p.m. eastern time on Company Comment Date: 5 p.m. eastern time on November 23, 2004. November 24, 2004. [Docket No. ER05–170–000] 20. Westar Energy, Inc. Take notice that on November 2, 17. Illinois Power Company 2004, Southern California Edison (SCE) [Docket No. ER05–173–000] [Docket ER05–178–000] submitted for filing the following Take notice that on November 2, Take notice that on November 3, agreements between SCE and State of 2004, Illinois Power Company (Illinois 2004, Westar Energy, Inc. (Westar) California Department of Water Power) tendered for filing a Tariff for submitted for filing a Notice of Resources (CDWR) under FERC Electric Limited Sales of Excess Energy at Cancellation for Rate Schedule FERC Tariff, Second Revised Volume No. 6: Market-Based Rates (Tariff). Illinois No. 222, an Electric Power Supply Edmonston Pumping Plant Power states that the Tariff would Agreement between Westar and the City Interconnection Facilities Agreement, permit Illinois Power to sell to non- of Muscotah, Kansas. Service Agreement No. 31; Pearblossom affiliates at certain times between Westar states that copies of this filing Pumping Plant Interconnection January 1, 2005, and December 31, 2006, were served on the City of Muscotah, Facilities Agreement, Service the limited amounts of energy that it Kansas and the Kansas Corporation Agreement No. 32; Oso Pumping Plant purchases in excess of its real-time Commission. Interconnection Facilities Agreement, Comment Date: 5 p.m. eastern time on energy needs. Illinois Power requests an Service Agreement No. 33; William E. November 24, 2004. effective date of January 1, 2005. Warne Power Plant Interconnection Comment Date: 5 p.m. eastern time on 21. AEP Texas North Company Facilities Agreement, Service November 23, 2004. Agreement No. 34; and Alamo Power [Docket No. ER05–179–000] Plant Interconnection Facilities 18. Midwest Independent Transmission Take notice that on November 3, Agreement, Service Agreement No. 35. System Operator, Inc. 2004, American Electric Power Service SCE also submitted the Devil Canyon [Docket No. ER05–174–000] Corporation (AEPSC), as agent for AEP Service Agreement for Wholesale Texas North Company (AEPTNC) who Distribution Service, Service Agreement Take notice that on November 3, was formerly called West Texas Utilities No. 126, under FERC Electric Tariff, 2004, the Midwest Independent Company (WTU), submitted for filing an First Revised Volume No. 5. SCE Transmission System Operator, Inc. interconnection agreement between requests an effective date of January 1, (Midwest ISO) submitted an WTU and Brazos Electric Power 2005. Interconnection and Operating Cooperative, Inc. (Brazos) that provides SCE states that copies of the filing Agreement among Rock County for an additional point of were served upon the Public Utilities Transmission, LLC, Northern States interconnection at AEPTNC’s Spur Commission of the State of California Power Company d/b/a Xcel and the Substation in Dickens County, Texas. and CDWR. Midwest ISO. AEPTNC requests an effective date of Comment Date: 5 p.m. eastern time on Midwest ISO states that a copy of this October 25, 2004. November 23, 2004. filing was served on the parties to the AEPSC states that it has served copies Interconnection Agreement. 15. Bangor Hydro-Electric Co. of the filing on Brazos and the Public Comment Date: 5 p.m. eastern time on Utility Commission of Texas. [Docket No. ER05–171–000] November 24, 2004. Comment Date: 5 p.m. eastern time on Take notice that on November 2, 19. Kansas City Power & Light November 24, 2004. 2004, Bangor Hydro-Electric Company Company Standard Paragraph (Bangor) filed proposed changes to its depreciation accrual rates under the [Docket No. ER05–177–000] Any person desiring to intervene or to Formula Rate provisions of Bangor’s Take notice that on November 3, protest this filing must file in open access transmission tariff. Bangor 2004, Kansas City Power & Light accordance with Rules 211 and 214 of requested an effective date of December Company (KCPL) submitted for filing the Commission’s Rules of Practice and 31, 2004. the following revised service schedules Procedure (18 CFR 385.211 and Bangor states that copies of this filing for Load Regulation and Displacement 385.214). Protests will be considered by were served on all interested parties. Energy Service: City of Baldwin, the Commission in determining the Comment Date: 5 p.m. eastern time on Kansas—Rate Schedule FERC No. 85; appropriate action to be taken, but will November 23, 2004. City of Carrollton, Missouri—Rate not serve to make protestants parties to Schedule FERC No. 86; Gardner, the proceeding. Any person wishing to 16. Tampa Electric Company Kansas—Rate Schedule FERC No. 105; become a party must file a notice of [Docket No. ER05–172–000] City of Garnett, Kansas—Rate Schedule intervention or motion to intervene, as Take notice that on November 2, FPC No. 78; City of Higginsville, appropriate. Such notices, motions, or 2004, Tampa Electric Company (Tampa Missouri—Rate Schedule FERC No. 108; protests must be filed on or before the

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comment date. Anyone filing a motion Lake O’ the Cherokees, the project The final EIS was prepared to satisfy to intervene or protest must serve a copy reservoir. The DEA contains the the requirements of the National of that document on the Applicant and Commission staff’s analysis of the Environmental Policy Act (NEPA). The all parties to this proceeding. probable environmental impacts of the staff concludes that approval of the The Commission encourages proposal and certain staff-identified proposed project with appropriate electronic submission of protests and alternatives. mitigating measures as recommended, interventions in lieu of paper using the The DEA is available for review and would have limited adverse ‘‘eFiling’’ link at http://www.ferc.gov. reproduction at the Commission’s environmental impact. The final EIS Persons unable to file electronically Public Reference Room, located at 888 also evaluates alternatives to the should submit an original and 14 copies First Street, NE., Room 2A, Washington, proposal, including system alternatives, of the protest or intervention to the DC 20426. The DEA may also be viewed alternative sites for the LNG import Federal Energy Regulatory Commission, on the Commission’s Web site at http: terminal, and pipeline alternatives. 888 First Street, NE., Washington, DC //www.ferc.gov using the ‘‘eLibrary’’ The final EIS also addresses the 20426. link. Enter the dock number (prefaced potential environmental effects of the This filing is accessible on-line at by P-) and excluding the last three construction and operation of the http://www.ferc.gov, using the digits, in the docket number field to following LNG terminal and natural gas ‘‘eLibrary’’ link and is available for access the document. For assistance, pipeline facilities: review in the Commission’s Public contact FERC Online Support at • A new marine terminal basin Reference Room in Washington, DC. [email protected] or toll- connected to the Sabine Pass Channel There is an ‘‘eSubscription’’ link on the free at (866) 208–3676, or for TTY, that would include a ship maneuvering Web site that enables subscribers to contact (202) 502–8659. area and two protected berths to unload receive e-mail notification when a Comments on the DEA should be filed up to 300 LNG ships per year with a document is added to a subscribed within 30 days of the date of this notice ship capacity ranging up to 250,000 docket(s). For assistance with any FERC cubic meters (m3) of LNG; and should be addressed to Magalie • Online service, please e-mail Roman Salas, Secretary, Federal Energy Three all-metal, double-walled, [email protected], or call Regulatory Commission, 888 First single containment, top-entry LNG (866) 208–3676 (toll free). For TTY, call Street, NE., Washington, DC 20426. storage tanks, each with a nominal (202) 502–8659. Please reference ‘‘Pensacola Project, working volume of approximately 3 FERC Project No. 1494–251’’ on all 160,000 m (1,006,400 barrels) and each Linda Mitry, with secondary containment dikes to Deputy Secretary. comments. Comments may be filed electronically via the Internet in lieu of contain 110 percent of the gross tank [FR Doc. E4–3206 Filed 11–17–04; 8:45 am] volume; paper. See, 18 CFR 385.2001(a)(1)(iii) • BILLING CODE 6717–01–P and the instructions on the Sixteen high-pressure submerged Commission’s Web site under the ‘‘e- combustion vaporizers with a capacity Filing’’ link. of approximately 180 million cubic feet DEPARTMENT OF ENERGY per day, as well as other associated Linda Mitry, vaporization equipment; Federal Energy Regulatory Deputy Secretary. • Instrumentation and safety systems, Commission [FR Doc. E4–3230 Filed 11–17–04; 8:45 am] including hazard detection and fire [Project No. 1494–251–OK] BILLING CODE 6717–01–P response systems, ancillary utilities, buildings, and service facilities, Grand River Dam Authority; Notice of including a metering facility; Availability of Draft Environmental DEPARTMENT OF ENERGY • Packaged natural gas turbine/ Assessment generator sets to generate power for the Federal Energy Regulatory LNG terminal; and November 9, 2004. Commission • Approximately 16 miles of 42-inch- In accordance with the National diameter natural gas pipeline, two Environmental Policy Act of 1969 and [Docket Nos. CP04–47–000, CP04–38–000, metering stations, and associated the Federal Energy Regulatory CP04–39–000, and CP04–40–000] pipeline facilities including launcher Commission’s (Commission) and receiver facilities. regulations, 18 CFR part 380 (Order No. Sabine Pass LNG, L.P. and Cheniere The purpose of the Sabine Pass LNG 486, 52 FR 47897), the Office of Energy Sabine Pass Pipeline Company; Notice and Pipeline Project is to provide the Projects has reviewed an application for of Availability of the Final facilities necessary to meet growing non-project use of project lands and Environmental Impact Statement for demand for natural gas in the United waters at the Pensacola Project (FERC the Proposed Sabine Pass LNG and States by providing a reliable supply of No. 1494) and has prepared a Draft Pipeline Project natural gas and access to worldwide Environmental Assessment (DEA) for natural gas reserves. the proposed non-project use. The November 12, 2004. The final EIS has been placed in the project is located on the Grand (Neosho) The staff of the Federal Energy public files of the FERC and is available River in Craig, Delaware, Mayes, and Regulatory Commission (FERC or for distribution and public inspection Ottawa Counties, Oklahoma. Commission) has prepared a final at: Federal Energy Regulatory In the application, the Grand River Environmental Impact Statement (EIS) Commission, Public Reference Room, Dam Authority (licensee) requests on the liquefied natural gas (LNG) 888 First Street, NE., Room 2A, Commission authorization to permit import terminal and natural gas pipeline Washington, DC 20426, (202) 502–8371. John Mullen d/b/a Thunder Bay Marina facilities in Cameron Parish, Louisiana A limited number of copies of the Facility to reconfigure three previously- proposed by Sabine Pass LNG, L.P. and final EIS are available from the Public approved but not-constructed docks at Cheniere Sabine Pass Pipeline Company Reference Room identified above. In Thunder Bay Marina. The marina is (collectively referred to as Cheniere addition, copies of the final EIS have located on the Duck Creek arm of Grand Sabine) in the above-referenced dockets. been mailed to Federal, State, and local

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agencies; public interest groups; d. Applicant: Upper Peninsula Power inspection and reproduction at the individuals and affected landowners Company. Commission’s Public Reference Room, who requested a copy of the final EIS; e. Name of Project: Dead River. located at 888 First Street, NE., Room libraries; newspapers; and parties to this f. Location: The Dead River Project is 2A, Washington, DC 20426 or may be proceeding. located on the Dead River in Marquette viewed on the Commission’s Web site at In accordance with the Council on County, Michigan. http://www.ferc.gov using the g. Filed Pursuant to: Federal Power Environmental Quality’s (CEQ) ‘‘eLibrary’’ link. Enter the docket Act, 16 U.S.C. 791(a), 825(r) and 799 regulations implementing the NEPA, no number excluding the last three digits in agency decision on a proposed action and 801. the docket number field to access the may be made until 30 days after the U.S. h. Applicant Contact: Mr. Terry P. document. For assistance, call toll-free Environmental Protection Agency Jensky, Assistant Vice President Energy publishes a notice of availability of a Supply-Operations, Wisconsin Public 1–866–208–3676 or e-mail final EIS. However, the CEQ regulations Service Corporation, 600 North Adams [email protected]. For TTY, provide an exception to this rule when Street, P.O. Box 19002, Green Bay, call (202) 502–8659. A copy is also an agency decision is subject to a formal Wisconsin 54307–9002. available for inspection and internal appeal process which allows i. FERC Contact: Any questions reproduction at the address in item ‘‘h’’ other agencies or the public to make regarding this notice should be above. their views known. In such cases, the addressed to Mr. T.J. LoVullo at (202) m. Filing and Service of Responsive agency decision may be made at the 502–8900. Documents: Any filings must bear in all j. Description of Request: Due to the same time the notice of the final EIS is capital letters the title ‘‘COMMENTS’’, published, allowing both periods to run abnormally dry late summer and fall and the reduced inflow into the Hoist ‘‘RECOMMENDATIONS FOR TERMS concurrently. The Commission’s AND CONDITIONS’’, ‘‘PROTEST’’, or decision for this proposed action is reservoir, Upper Peninsula Power Company (UPPCO) requests to ‘‘MOTION TO INTERVENE’’, as subject to a 30-day rehearing period. applicable, and the project number (P– Additional information about the temporarily reduce the minimum flow 10855) to which the filing refers. All project is available from the discharged downstream of the Hoist documents (original and eight copies) Commission’s Office of External Affairs, powerhouse from the required 100 cubic at 1–866–208–FERC or on the FERC feet per second (cfs) to 60 cfs. Analysis should be filed with: The Secretary, Internet Web site (http://www.ferc.gov) indicates that at the current rate of Federal Energy Regulatory Commission, using the eLibrary link. Click on the discharge from the Hoist reservoir, it 888 First Street, NE., Washington, DC eLibrary link, click on ‘‘General Search’’ appears that the reservoir will be 20426. A copy of any motion to and enter the docket number excluding lowered to 1318 feet (mean sea level) by intervene must also be served upon each the last three digits in the Docket about mid-December. At a water representative of the Applicant Number field. Be sure you have selected elevation of 1318 feet, no additional specified in the particular application. an appropriate date range. For water can be released from the Hoist Comments, protests, and interventions assistance with any FERC Online reservoir and there is a danger of the may be filed electronically via the service, please e-mail penstocks freezing. There is also a Internet in lieu of paper. See 18 CFR [email protected] or call danger of the minimum flows being 385.2001(a)(1)(iii) and the instructions (866) 208–3676, for TTY (202) 502– completely shut down. on the Commission’s Web site under the 8659. The eLibrary link on the FERC Therefore, in an effort to conserve ‘‘e-Filing’’ link. The Commission Internet Web site also provides access to water for the winter months and future strongly encourages e-filings. the texts of formal documents issued by minimum flows, UPPCO requests the following operation scenario: reduce the Anyone may submit responses in the Commission, such as orders, notices, accordance with the requirements of and rulemakings. minimum flows at the Hoist powerhouses from 100 cfs to 60 cfs, or Rules of Practice and Procedure, 18 CFR Linda Mitry, to the minimum flow rate required for 385.210, .211, .214. In determining the Deputy Secretary. safe operation of the turbine; if the appropriate action to take, the [FR Doc. E4–3227 Filed 11–17–04; 8:45 am] reservoir level drops below 1325 feet, Commission will consider all protests or BILLING CODE 6717–01–P hold a meeting or teleconference with other comments filed, but only those the resource agencies to discuss who file a motion to intervene in strategy; if the reservoir level drops accordance with the Commission’s DEPARTMENT OF ENERGY below 1320 feet, shut down the turbine Rules may become a party to the and release a minimum flow of proceeding. Any responses must be Federal Energy Regulatory approximately 6 cfs to keep the received on or before the specified Commission penstock from freezing; if the reservoir comment date for the particular Notice of Amendment Application and level begins to rise while maintaining application. the 60 cfs minimum flow, and rises to Soliciting Comments, Motions To n. Agency Comments: Federal, State, Intervene, and Protests the elevation of 1330 feet, an additional 5 cfs will be released from the Hoist and local agencies are invited to file November 5, 2004. powerhouse via the bypass siphon at comments on the described Take notice that the following McClure; if the reservoir goes above applications. A copy of the applications hydroelectric application has been filed 1332 feet the minimum discharge of 100 may be obtained by agencies directly with the Commission and is available cfs will be maintained until the from the Applicant. If an agency does for public inspection: reservoir level goes below 1330 feet or not file comments within the time a. Type of Application: Temporary spring runoff occurs. specified for filing comments, that license amendment to decrease the k. Deadline for Filing Comments or agency will be presumed to have no minimum flow requirement. Motions: December 6, 2004. comments. One copy of an agency’s b. FERC Project No.: 10855–038. l. Locations of the Application: A c. Date Filed: October 27, 2004. copy of the application is available for

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comments must also be sent to the located at 888 First Street, NE., Room via the Internet in lieu of paper. See 18 Applicant’s representatives. 2A, Washington, DC 20426, or by calling CFR 385.2001(a)(1)(iii) and the (202) 502–8371. This filing may also be Magalie R. Salas, instructions on the Commission’s Web viewed on the Commission’s Web site at site at http://www.ferc.gov under the ‘‘e- Secretary. http://www.ferc.gov using the Filing’’ link. The Commission strongly [FR Doc. E4–3211 Filed 11–17–04; 8:45 am] ‘‘eLibrary’’ link. Enter the docket encourages electronic filings. BILLING CODE 6717–01–P number (P–2088) in the docket number field to access the document. You may Linda Mitry, also register online at http:// Deputy Secretary. DEPARTMENT OF ENERGY www.ferc.gov/docs-filing/ [FR Doc. E4–3231 Filed 11–17–04; 8:45 am] esubscription.asp to be notified via e- Federal Energy Regulatory BILLING CODE 6717–01–P mail of new filings and issuances Commission related to this or other pending projects. Notice of Application for Amendment For assistance, call 1–866–208–3676 or DEPARTMENT OF ENERGY of License and Soliciting Comments, e-mail [email protected], Motions To Intervene, and Protests for TTY, call (202) 502–8659. A copy is Federal Energy Regulatory also available for inspection and Commission November 9, 2004. reproduction at the address in item (g) Take notice that the following above. l. Individuals desiring to be included [Docket Nos. CP04–386–000 and CP04–395– hydroelectric application has been filed 000] with the Commission and is available on the Commission’s mailing list should for public inspection: so indicate by writing to the Secretary Golden Pass LNG Terminal, L.P. and of the Commission. a. Application Type: Amendment of Vista del Sol LNG Terminal, L.P.; m. Comments, Protests, or Motions to license. Clarification of Notice of Technical b. Project No.: 2088–060. Intervene—Anyone may submit c. Date Filed: September 17, 2004, comments, a protest, or a motion to Conference supplemented September 28, 2004. intervene in accordance with the November 12, 2004. d. Applicant: South Feather Water requirements of Rules of Practice and and Power Agency. Procedure, 18 CFR 385.210, .211, .214. On October 27, 2004, a Notice of e. Name and Location of Project: The In determining the appropriate action to Technical Conference was issued, South Feather Power Project is located take, the Commission will consider all stating that attendance at the conference on the South Fork Feather River, Sly protests or other comments filed, but would be limited to parties to the Creek, and Slate Creek in Butte, Plumas, only those who file a motion to proceeding and to ‘‘anyone who has Yuba, and Sierra Counties, California. intervene in accordance with the specifically requested to intervene as a f. Filed Pursuant to: Federal Power Commission’s Rules may become a party.’’ This is intended to include any Act, 16 U.S.C. 791a–825r. party to the proceeding. Any comments, person that has filed a motion to g. Applicant Contact: Ms. Kathryn protests, or motions to intervene must intervene out-of-time by close of Petersen, South Feather Water and be received on or before the specified business on Monday, November 15, Power Agency, 2310 Oro-Quincy comment date for the particular 2004. As stated in the prior notice, any Highway, Oroville, CA 95965–0581, application. person planning to attend the November n. Filing and Service of Responsive (530) 534–1221, ext. 202. 17 conference must register by close of h. FERC Contact: Henry Woo at (202) Documents—Any filings must bear in business on Monday, November 15, 502–8872. all capital letters the title i. Deadline for Filing Comments, ‘‘COMMENTS’’, ‘‘PROTEST’’, or 2004. Registrations may be submitted Protests, or Motions to Intervene: ‘‘MOTION TO INTERVENE’’, as either online at http://www.ferc.gov/ December 10, 2004. applicable, and the Project Number of whats-new/registration/cryo-conf- j. Description of Request: South the particular application to which the form.asp or by faxing a copy of the form Feather Water and Power Agency, as filing refers. All documents (original (found at the referenced online link) to licensee, has filed a license amendment and eight copies) should be filed with: 202–208–0353. All attendees must sign application to delete the Slate Creek Magalie R. Salas, Secretary, Federal a non-disclosure statement prior to Reservoir Dam from the project license. Energy Regulatory Commission, 888 entering the conference. Upon arrival at The licensee states that the construction First Street, NE., Washington, DC 20426. the hotel, check the reader board in the of the Slate Creek Reservoir Dam was A copy of any motion to intervene must hotel lobby for venue. For additional previously deferred, and the dam was also be served upon each representative information regarding the conference, subsequently eliminated from the of the Applicant specified in the please contact Kareem Monib at 202– project design, although never removed particular application. 502–6265. from the project license. South Feather o. Agency Comments—Federal, State, Water and Power Agency does not and local agencies are invited to file Linda Mitry, intend to build the Slate Creek Reservoir comments on the described application. Deputy Secretary. Dam, and therefore requests that the A copy of the application may be [FR Doc. E4–3226 Filed 11–17–04; 8:45 am] dam and reservoir be deleted from the obtained by agencies directly from the BILLING CODE 6717–01–P license. The application includes Applicant. If an agency does not file revised exhibit G drawings indicating comments within the time specified for revised project boundaries and land filing comments, it will be presumed to ownership. have no comments. One copy of an k. Locations of the Application: A agency’s comments must also be sent to copy of the application is available for the Applicant’s representatives. inspection and reproduction at the p. Comments, protests and Commission’s Public Reference Room, interventions may be filed electronically

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DEPARTMENT OF ENERGY For more information about the DEPARTMENT OF ENERGY conference, please contact Kelly Perl at Federal Energy Regulatory 202–502–6421 or [email protected]. Federal Energy Regulatory Commission Commission A supplemental notice of this [Docket No. RM04–7–000] conference will be issued later that will [Docket No. RM98–1–000] provide details of the conference, Records Governing Off-the-Record Market-Based Rates for Public Utilities; including the panelists. Notice of Technical Conference Communications; Public Notice Linda Mitry, November 5, 2004. November 12, 2004. Deputy Secretary. This constitutes notice, in accordance Take notice that a technical [FR Doc. E4–3232 Filed 11–17–04; 8:45 am] with 18 CFR 385.2201(b), of the receipt conference will be held concerning BILLING CODE 6717–01–P of exempt and prohibited off-the-record issues associated with the rulemaking communications. proceeding on market-based rates. The Order No. 607 (64 FR 51222, technical conference will take place on DEPARTMENT OF ENERGY September 22, 1999) requires December 7, 2004, from 9:30 a.m. to Commission decisional employees, who 4:30 p.m. (EST), in the Commission Federal Energy Regulatory make or receive an exempt or prohibited Meeting Room at the Federal Energy Commission off-the-record communication relevant Regulatory Commission, 888 First to the merit’s of a contested on-the- Street, NE., Washington, DC. Members [Docket Nos. RP04–565–000 and RP04–565– record proceeding, to deliver a copy of of the Commission will attend the 001] the communication, if written, or a conference. An agenda providing more summary of the substance of any oral details of the conference will be issued Northwest Pipeline Corporation; Notice communication, to the Secretary. at a later time. of Technical Conference Prohibited communications will be The topic of the conference will be included in a public, non-decisional file issues associated with transmission November 9, 2004. associated with, but not a part of, the vertical market power and barriers to In an order issued on September 30, decisional record of the proceeding. entry in electric markets, two of the four 2004,1 the Commission directed staff to Unless the Commission determines that prongs the Commission currently uses convene a technical conference to the prohibited communication and any to determine whether to grant market- responses thereto should become a part based rate authority. The conference discuss tariff filings associated with Northwest Pipeline Corporation’s semi- of the decisional record, the prohibited will address whether the Commission’s off-the-record communication will not annual recalculation of its fuel and gas pro forma open access transmission be considered by the Commission in loss factors. tariff adequately mitigates transmission reaching its decision. Parties to a market power, other proposals to The technical conference will afford proceeding may seek the opportunity to identify and mitigate transmission parties an opportunity to consider the respond to any facts or contentions market power, as well as whether and, alternative proposal included in made in a prohibited off-the-record if so, to what extent there are other Northwest’s September 15, 2004 filing, communication, and may request that barriers to entry that the Commission and provide Northwest an opportunity the Commission place the prohibited should consider. to provide further information to communication and responses thereto The conference will be transcribed. support its derivation of the fuel factors in the decisional record. The Those interested in acquiring the and respond to all issues raised in the Commission will grant such a request transcript should contact Ace Reporters protests. only when it determines that fairness so at 202–347–3700 or 800–336–6646. requires. Any person identified below as Take notice that a technical Transcripts will be placed in the public having made a prohibited off-the-record conference will be held on Wednesday, record ten days after the Commission communication shall serve the receives the transcripts. Additionally, December 1, 2004, beginning at 10 a.m. document on all parties listed on the Capitol Connection offers the (EST), in a room to be designated at the official service list for the applicable opportunity for remote listening and offices of the Federal Energy Regulatory proceeding in accordance with Rule viewing of the conference. It is available Commission, 888 First Street, NE., 2010, 18 CFR 385.2010. for a fee, live over the Internet, by phone Washington, DC 20426. Exempt off-the-record or via satellite. Persons interested in All interested parties and staff are communications will be included in the receiving the broadcast, or who need permitted to attend. For further decisional record of the proceeding, information on making arrangements, information please contact: Frank unless the communication was with a should contact David Reininger or Julia Karabetsos at (202) 502–8133 or e-mail cooperating agency as described by 40 Morelli at Capitol Connection (703– [email protected]. CFR 1501.6, made under 18 CFR 993–3100) as soon as possible or visit 385.2201(e)(1)(v). the Capitol Connection Web site at Linda Mitry, The following is a list of exempt http://www.capitolconnection.org and Deputy Secretary. communications recently received in click on ‘‘FERC.’’ [FR Doc. E4–3233 Filed 11–17–04; 8:45 am] the Office of the Secretary. The A two-day technical conference will BILLING CODE 6717–01–P communications listed are grouped by also be held in January 2005, dates to be docket numbers. These filings are announced, concerning additional available for review at the Commission issues associated with the rulemaking in the Public Reference Room or may be proceeding. The topic of this latter viewed on the Commission’s Web site at conference will be issues associated http://www.ferc.gov using the eLibrary with affiliate abuse/reciprocal dealing 1 Northwest Pipeline Corporation, 108 FERC (FERRIS) link. Enter the docket number and generation market power. ¶ 61,325 (2004). excluding the last three digits in the

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docket number field to access the contact FERC Online Support at free at (866) 208–3676, or for TTY, document. For Assistance, please [email protected] or toll contact (202) 502–8659.

Presenter or Docket No. Date filed requester

1. CP04–366–000 ...... 11–4–04 Kyle Stephens. 2. Project No. 12522–000 ...... 11–2–04 Hon. Harry Tutunjian.

Magalie R. Salas, Air and Radiation Docket and Therefore, it is appropriate at this time Secretary. Information Center, Mail Code 6102T, to combine the ICRs under which this [FR Doc. E4–3216 Filed 11–17–04; 8:45 am] 1200 Pennsylvania Avenue, NW., information is gathered and add the BILLING CODE 6717–01–P Washington, DC 20460, and (2) OMB at: burden for the newly added engines and Office of Information and Regulatory recreational vehicles. Affairs, Office of Management and EPA ICR Number 1673 was just ENVIRONMENTAL PROTECTION Budget (OMB), Attention: Desk Officer renewed in February, 2004, but EPA ICR AGENCY for EPA, 725 17th Street, NW., Number 1723 expires on November 30, Washington, DC 20503. 2004. In this action we include the [OAR–2004–0086; FRL–7838–8] FOR FURTHER INFORMATION CONTACT: Ms. burden that was just identified and approved in EPA ICR Number 1673 into Agency Information Collection Lynn Sohacki, Certification and Compliance Division, Vehicle Programs the renewal of EPA ICR Number 1723. Activities; Submission to OMB for The new combined burden will be Review and Approval; Comment Group, Environmental Protection Agency, 2000 Traverwood Dr., Ann identified in EPA ICR Number 1723 and Request; Reporting and EPA ICR Number 1673 will no longer be Recordkeeping Requirements for Arbor, MI, 48105; telephone number: (734) 214–4851; fax number: (734) 214– needed. Importation of Nonroad Engines and EPA submitted EPA ICR Number 1723 4869; email address: Recreational Vehicles (Renewal), EPA to OMB for review and approval [email protected]. ICR Number 1723.04, OMB Control according to the procedures prescribed Number 2060–0320 SUPPLEMENTARY INFORMATION: In this in 5 CFR 1320.12. On June 30, 2004 (69 action EPA is renewing ICR OMB FR 39463), EPA sought comments on AGENCY: Environmental Protection Control Number 2060–0320 (EPA ICR this ICR pursuant to 5 CFR 1320.8(d). Agency (EPA). Number 1723, originally ‘‘Information EPA received one comment. The ACTION: Notice. Requirements for Importation of commenter suggested that no imports of Nonconforming Marine Engines’’) and is nonconforming marine engines should SUMMARY: In compliance with the combining the burden of that ICR with be allowed. However, the Clean Air Act Paperwork Reduction Act (44 U.S.C. ICR OMB Control Number 2060–0294 sets forth specific allowances for 3501 et seq.), this document announces (EPA ICR Number 1673) ‘‘Reporting and importing noncomplying marine that an Information Collection Request Recordkeeping Requirements for engines, provided they satisfy (ICR) has been forwarded to the Office Importation of Nonconforming provisions that implement the goals of of Management and Budget (OMB) for Compression Ignition (CI) and Small the Clean Air Act. One purpose of this review and approval. This is a request Spark Ignition (SI) Engines.’’ The title of ICR is to collect the information to renew an existing approved the new combined ICR will be Reporting necessary to help EPA insure that such collection (EPA ICR Number 1723.03, and Recordkeeping Requirements for engines comply with those OMB Control Number 2060–0320) and Importation of Nonroad Engines and requirements. combine it with the burden of another Recreational Vehicles. It is appropriate EPA has established a public docket ICR (EPA ICR Number 1673.04, OMB at this time to combine the two ICRs for this ICR under Docket ID No. OAR– Control Number 2060–0294) which will because the line between marine and 2004–0086, which is available for public no longer be needed. Also included in nonroad engines has become less viewing at the Air and Radiation Docket this request is a new collection burden distinct. Engines that were originally and Information Center in the EPA for the importation of newly regulated manufactured as nonroad engines may Docket Center (EPA/DC), EPA West, engines. EPA ICR 1723.03 is scheduled be converted to be used as marine Room B102, 1301 Constitution Avenue, to expire on November 30, 2004. Under engines and marine engines may be NW., Washington, DC. The EPA Docket OMB regulations, the Agency may used as nonroad engines. EPA is also Center Public Reading Room is open continue to conduct or sponsor the adding to this ICR the information from 8:30 a.m. to 4:30 p.m., Monday collection of information while this collection burden for the importation of through Friday, excluding legal submission is pending at OMB. This ICR newly regulated vehicles and engines: holidays. The telephone number for the describes the nature of the information locomotives, marine compression Reading Room is (202) 566–1744, and collection and its estimated burden and ignition vehicles and engines over 37 the telephone number for the Air and cost. kW, recreational vehicles (such as off- Radiation Docket and Information DATES: Additional comments may be highway motorcycles, all-terrain Center is (202) 566–1742. An electronic submitted on or before January 18, 2005. vehicles, and snowmobiles), and large version of the public docket is available ADDRESSES: Submit your comments, non-road spark ignition engines (such as through EPA Dockets (EDOCKET) at referencing docket ID number OAR– forklifts and compressors). In light of http://www.epa.gov/edocket. Use 2004–0086, to (1) EPA online using this, EPA Form 3520–21, which collects EDOCKET to submit or view public EDOCKET (our preferred method), by information for importation of nonroad comments, access the index listing of email to [email protected], or by engines, is being updated and now will the contents of the public docket, and mail to: Environmental Protection apply to both nonroad and marine access those documents in the public Agency, EPA Docket Center (EPA/DC), engines and recreational vehicles. docket that are available electronically.

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Once in the system, select ‘‘search,’’ An agency may not conduct or ENVIRONMENTAL PROTECTION then key in the docket ID number sponsor, and a person is not required to AGENCY identified above. respond to, a collection of information [OPPT–2004–0081; FRL–7838–7] Any comments related to this ICR unless it displays a currently valid OMB should be submitted to EPA and OMB control number. The OMB control Agency Information Collection within 60 days of this notice. EPA’s numbers for EPA’s regulations are listed Activities; Submission to OMB for policy is that public comments, whether in 40 CFR part 9 and are identified on Review and Approval; Comment submitted electronically or on paper, the form, if applicable. Request; TSCA Section 402 and will be made available for public Section 404 Training and Certification, viewing in EDOCKET as EPA receives Burden Statement: The annual public reporting and recordkeeping burden for Accreditation and Standards for Lead- them and without change, unless the Based Paint Activities; EPA ICR No. this collection of information is comment contains copyrighted material, 1715.06, OMB No. 2070–0155 confidential business information (CBI), estimated to average 0.5 hours per or other information whose public response. Burden means the total time, AGENCY: Environmental Protection disclosure is restricted by statute. When effort, or financial resources expended Agency (EPA). EPA identifies a comment containing by persons to generate, maintain, retain, ACTION: Notice. copyrighted material, EPA will provide or disclose or provide information to or SUMMARY: a reference to that material in the for a Federal agency. This includes the In compliance with the Paperwork Reduction Act (44 U.S.C. version of the comment that is placed in time needed to review instructions; 3501 et seq.), this document announces EDOCKET. The entire printed comment, develop, acquire, install, and utilize that the following Information including the copyrighted material, will technology and systems for the purposes be available in the public docket. Collection Request (ICR) has been of collecting, validating, and verifying forwarded to the Office of Management Although identified as an item in the information, processing and official docket, information claimed as and Budget (OMB) for review and maintaining information, and disclosing CBI, or whose disclosure is otherwise approval: TSCA Section 402 and and providing information; adjust the restricted by statute, is not included in Section 404 Training and Certification, the official public docket, and will not existing ways to comply with any Accreditation and Standards for Lead- be available for public viewing in previously applicable instructions and Based Paint Activities; EPA ICR# EDOCKET. For further information requirements; train personnel to be able 1715.06; OMB# 2070–0155. This is a about the electronic docket, see EPA’s to respond to a collection of request to renew an existing approved Federal Register notice describing the information; search data sources; collection. This ICR is scheduled to electronic docket at 67 FR 38102 (May complete and review the collection of expire on August 31, 2004. Under OMB 31, 2002), or go to http://www.epa.gov/ information; and transmit or otherwise regulations, the Agency may continue to edocket. disclose the information. conduct or sponsor the collection of information while this submission is Title: Reporting and Recordkeeping Respondents/Affected Entities: Requirements for Importation of pending at OMB. This ICR describes the Individuals and businesses importing nature of the information collection and Nonroad Engines and Recreational nonroad engines, including those Vehicles (Renewal) its estimated cost. incorporated into nonroad equipment or Abstract: Individuals and businesses DATES: Additional comments may be importing on and off-road motor vehicles, and recreational vehicles. submitted on or before December 20, vehicles, motor vehicle engines, or Estimated Number of Respondents: 2004. nonroad engines, including nonroad 3000. ADDRESSES: Submit your comments, engines incorporated into nonroad Frequency of Response: Other—upon referencing docket ID Number OPPT– equipment or nonroad vehicles, report importation. 2004–0081, to (1) EPA online using and keep records of vehicle and engine EDOCKET (our preferred method), by importations, request prior approval for Estimated Total Annual Hour Burden: 86,136. email to [email protected] or by mail vehicle and engine importations, or to: EPA Docket Center, Office of request final admission for vehicles and Estimated Total Annual Cost: Pollution Prevention and Toxics engines conditionally imported into the $5,744,175, which includes $0 (OPPT), Environmental Protection U.S. The collection of this information annualized capital/startup costs, $0 Agency, Mailcode: 7407T, 1200 is mandatory in order to ensure O&M costs, and $5,744,175 annual labor Pennsylvania Ave., NW., Washington, compliance of nonroad vehicles and costs. DC 20460, and (2) OMB at: Office of engines with Federal emissions Information and Regulatory Affairs, requirements. Joint EPA and Customs Changes in the Estimates: There is a net increase of 7,200 hours in the Office of Management and Budget regulations at 40 CFR 89.601 et seq., (OMB), Attention: Desk Officer for EPA, 90.601 et seq., 91.703 et seq., 92.803 et combined burden of EPA ICR Number 1723 and EPA ICR Number 1673 725 17th Street, NW., Washington, DC seq., 94.803 et seq., 1068.301 et seq., 20503. and 19 CFR 12.73 and 12.74 identified in the OMB Inventory of promulgated under the authority of Approved ICR Burdens. This burden is FOR FURTHER INFORMATION CONTACT: Clean Air Act sections 203 and 208 give due to the additional burden hours for Barbara Cunningham, Acting Director, authority for the collection of importers of newly regulated engines Environmental Assistance Division, information. This authority was and recreational vehicles. Office of Pollution Prevention and Toxics, Environmental Protection extended to nonroad engines and Dated: November 8, 2004. vehicles under section 213. The Agency, Mailcode: 7408, 1200 information is used by program Oscar Morales, Pennsylvania Ave., NW., Washington, personnel to ensure that all Federal Director, Collection Strategies Division. DC 20460; telephone number: 202–554– emission requirements concerning [FR Doc. 04–25619 Filed 11–17–04; 8:45 am] 1404; e-mail address: TSCA- imported motor vehicles and nonroad BILLING CODE 6560–50–P [email protected]. engines are met. SUPPLEMENTARY INFORMATION:

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EPA has submitted the following ICR Abstract: This information collection providing information; adjust the to OMB for review and approval applies to reporting and recordkeeping existing ways to comply with any according to the procedures prescribed requirements found in sections 402 and previously applicable instructions and in 5 CFR 1320.12. On June 1, 2004, EPA 404 of the Toxic Substances Control Act requirements; train personnel to be able sought comments on this renewal ICR (TSCA) and applicable regulations at 40 to respond to a collection of (69 FR 30904). EPA sought comments CFR 745. The purposes of the information; search data sources; on this ICR pursuant to 5 CFR 1320.8(d). requirements under TSCA section 402 complete and review the collection of EPA received no comments during the are to ensure that individuals information; and transmit or otherwise comment period. conducting activities that prevent, disclose the information. EPA has established a public docket detect and eliminate hazards associated Respondents/Affected Entities: for this ICR under Docket ID No. OPPT– with lead-based paint in residential Companies or firms that provide 2004–0081, which is available for public facilities, particularly those occupied or training in lead-based paint activities; viewing at the OPPT Docket in the EPA used by children, are properly trained companies or firms that are engaged in Docket Center (EPA/DC), EPA West, and certified, that training programs lead-based paint activities; state Room B102, 1301 Constitution Ave., providing instruction in such activities agencies that administer lead-based NW., Washington, DC. The EPA Docket are accredited, and that these activities paint activities. Center Public Reading Room is open are conducted according to reliable, Frequency of Collection: Annually. from 8 a.m. to 4:30 p.m., Monday effective and safe work practice Estimated No. of Respondents: through Friday, excluding legal standards. The TSCA section 404 23,433. holidays. The telephone number for the regulations include reporting and Estimated Total Annual Burden on Reading Room is 202–566–1744, and the recordkeeping requirements that apply Respondents: 440,813 hours. telephone number for the Pollution to states and Indian Tribes that seek Estimated Total Annual Burden Costs: Prevention and Toxics Docket is 202– Federal authorization to administer and $15,648,532. 566–0280. An electronic version of the enforce state and tribal programs that Changes in Burden Estimates: There public docket is available through EPA regulate lead-based paint activities is an increase of 49,639 hours (from Dockets (EDOCKET) at http:// based on the section 402 regulations. 391,174 hours to 440,813 hours) in the www.epa.gov/edocket. Use EDOCKET to The overall goals of the section 402 and total estimated burden currently submit or view public comments, access section 404 regulations and the identified in the OMB Inventory of the index listing of the contents of the reporting and recordkeeping Approved ICR Burdens. This increase public docket, and to access those requirements found therein are to results from revisions in the number of documents in the public docket that are ensure the availability of a trained and respondents and/or the number of available electronically. Once in the qualified workforce to identify and activities or events for which system, select ‘‘search,’’ then key in the address lead-based paint hazards in respondents must provide information, docket ID number identified above. residences, and to protect the general based on EPA’s experience since the public from exposure to lead hazards. Any comments related to this ICR approval of the most recent ICR. This Responses to the collection of increase represents an adjustment. should be submitted to EPA and OMB information are mandatory (see 40 CFR within 30 days of this notice. EPA’s part 745). Respondents may claim all or Dated: November 8, 2004. policy is that public comments, whether part of a notice as CBI. EPA will Oscar Morales, submitted electronically or in paper, disclose information that is covered by Director, Collection Strategies Division. will be made available for public a CBI claim only to the extent permitted [FR Doc. 04–25620 Filed 11–17–04; 8:45 am] viewing in EDOCKET as EPA receives by, and in accordance with, the BILLING CODE 6560–50–P them and without change, unless the procedures in 40 CFR part 2. comment contains copyrighted material, An agency may not conduct or CBI, or other information whose public sponsor, and a person is not required to ENVIRONMENTAL PROTECTION disclosure is restricted by statute. When respond to, a collection of information AGENCY EPA identifies a comment containing unless it displays a currently valid OMB [OECA–2004–0021; FRL–7838–6] copyrighted material, EPA will provide control number. The OMB control a reference to that material in the numbers for EPA’s regulations in 40 Agency Information Collection version of the comment that is placed in CFR are listed in 40 CFR part 9 and are Activities; Submission for OMB Review EDOCKET. The entire printed comment, identified on the form and/or and Approval; Comment Request; including the copyrighted material, will instrument, if applicable. NSPS for Asphalt Processing and be available in the public docket. Burden Statement: The annual public Roofing Manufacture (Renewal), ICR Although identified as an item in the reporting and recordkeeping burden for Number 0661.08, OMB Number 2060– official docket, information claimed as this collection of information is 0002 CBI, or whose disclosure is otherwise estimated to range between 0.4 hours restricted by statute, is not included in and 79.6 hours per response, depending AGENCY: Environmental Protection the official public docket, and will not on the type of respondent. Burden Agency (EPA). be available for public viewing in means the total time, effort or financial ACTION: Notice. EDOCKET. For further information resources expended by persons to about the electronic docket, see EPA’s generate, maintain, retain or disclose or SUMMARY: In compliance with the Federal Register notice describing the provide information to or for a Federal Paperwork Reduction Act, this electronic docket at 67 FR 38102 (May agency. This includes the time needed document announces that an 31, 2002), or go to http://www.epa.gov/ to review instructions; develop, acquire, Information Collection Request (ICR) edocket. install and utilize technology and has been forwarded to the Office of Title: TSCA Section 402 and Section systems for the purposes of collecting, Management and Budget (OMB) for 404 Training and Certification, validating and verifying information, review and approval. This is a request Accreditation and Standards for Lead- processing and maintaining to renew an existing approved Based Paint Activities. information, and disclosing and collection. This ICR is scheduled to

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expire on November 30, 2004. Under comments, access the index listing of to determine whether the standards are OMB regulations, the Agency may the contents of the public docket, and to being met on a continuous basis, as continue to conduct or sponsor the access those documents in the public required by the Clean Air Act. collection of information while this docket that are available electronically. All reports are sent to the delegated submission is pending at OMB. This ICR When in the system, select ‘‘search,’’ state or local authority. In the event that describes the nature of the information then key in the docket ID number there is no such delegated authority, the collection and its estimated burden and identified above. reports are sent directly to the EPA cost. Any comments related to this ICR regional office. Notifications are used to DATES: Additional comments may be should be submitted to EPA and OMB inform the Agency or delegated submitted on or before December 20, within 30 days of this notice. EPA’s authority when a source becomes 2004. policy is that public comments, whether subject to the standard. The reviewing submitted electronically or in paper, authority may then inspect the source to ADDRESSES: Submit your comments, will be made available for public check if the pollution control devices referencing docket ID number OECA– viewing in EDOCKET as EPA receives are properly installed and operated. 2004–0013, to (1) EPA online using them and without change, unless the Performance test reports are needed as EDOCKET (our preferred method), by comment contains copyrighted material, these are the Agency’s record of a email to [email protected], or by Confidential Business Information (CBI), source’s initial capability to comply mail to: EPA Docket Center, or other information whose public with the emission standard and note the Environmental Protection Agency, disclosure is restricted by statute. When operating conditions under which Enforcement and Compliance Docket EPA identifies a comment containing compliance was achieved. and Information Center, Mail Code copyrighted material, EPA will provide An agency may not conduct or 2201T, 1200 Pennsylvania Avenue, a reference to that material in the sponsor, and a person is not required to NW., Washington, DC 20460, and (2) version of the comment that is placed in respond to, a collection of information OMB at: Office of Information and EDOCKET. The entire printed comment, unless it displays a currently valid OMB Regulatory Affairs, Office of including the copyrighted material, will Control Number. The OMB Control Management and Budget (OMB), be available in the public docket. Numbers for EPA’s regulations are listed Attention: Desk Officer for EPA, 725 Although identified as an item in the in 40 CFR part 9 and 48 CFR chapter 15, 17th Street, NW., Washington, DC official docket, information claimed as and are identified on the form and/or 20503. CBI, or whose disclosure is otherwise instrument, if applicable. FOR FURTHER INFORMATION CONTACT: restricted by statute, is not included in Burden Statement: The annual public Gregory Fried, Compliance Assessment the official public docket, and will not reporting and recordkeeping burden for and Media Programs Division, Office of be available for public viewing in this collection of information is Compliance, Mail Code 2223A, EDOCKET. For further information estimated to average 58.6 hours per Environmental Protection Agency, 1200 about the electronic docket, see EPA’s response. Burden means the total time, Pennsylvania Avenue, NW., Federal Register notice describing the effort, or financial resources expended Washington, DC 20460; telephone electronic docket at 67 FR 38102 (May by persons to generate, maintain, retain, number: (202) 564–7016; fax number: 31, 2002), or go to http://www.epa.gov/ or disclose or provide information to or (202) 564–0050; E-mail address: edocket. for a Federal agency. This includes the [email protected]. Title: NSPS for Asphalt Processing time needed to review instructions; and Roofing Manufacture (40 CFR Part develop, acquire, install, and utilize SUPPLEMENTARY INFORMATION: EPA has 60, Subpart UU) (Renewal). technology and systems for the purposes submitted the following ICR to OMB for Abstract: Particulate matter emissions of collecting, validating, and verifying review and approval according to the from asphalt processing and roofing information, processing and procedures prescribed in 5 CFR 1320.12. manufacture cause or contribute to air maintaining information, and disclosing On May 25, 2004, (69 FR 29718), EPA pollution that may reasonably be and providing information; adjust the sought comments on this ICR pursuant anticipated to endanger public health or existing ways to comply with any to 5 CFR 1320.8(d). EPA received no welfare. Therefore, New Source previously applicable instructions and comments. Performance Standards (NSPS) were requirements; train personnel to be able EPA has established a public docket promulgated for this source category. to respond to a collection of for this ICR under Docket ID No. OECA– The control of emissions of information; search data sources; 2004–0013, which is available for public particulate matter from asphalt complete and review the collection of viewing at the Enforcement and processing and roofing manufacture information; and transmit or otherwise Compliance Docket and Information requires not only the installation of disclose the information. Center in the EPA Docket Center (EPA/ properly designed equipment, but also Respondents/Affected Entities: DC), EPA West, Room B102, 1301 the operation and maintenance of that Asphalt Processing and Roofing Constitution Avenue, NW., Washington, equipment. Emissions of particulate Manufacture. DC. The EPA Docket Center Public matter from asphalt processing and Estimated Number of Respondents: Reading Room is open from 8:30 a.m. to roofing manufacture are the result of 169. 4:30 p.m., Monday through Friday, materials handling, fuel combustion, Frequency of Response: Initially. excluding legal holidays. The telephone and storage. These standards rely on the Estimated Total Annual Hour Burden: number for the Reading Room is (202) capture of particulate matter emissions 30,419 hours. 566–1744, and the telephone number for by pollution control devices such as Estimated Total Annual Costs: the Enforcement and Compliance electrostatic precipitators, high velocity $7,985,874, which includes $200,000 Docket and Information Center Docket air filters, or afterburners. annualized capital/startup costs, is: (202) 566–1752. An electronic In order to ensure compliance with $5,845,000 annual O&M costs, and version of the public docket is available these standards, adequate reporting and $1,940,874 annual labor costs. through EPA Dockets (EDOCKET) at recordkeeping is necessary. In the Changes in the Estimates: There is an http://www.epa.gov/edocket. Use absence of such information, increase of 15,330 hours in the total EDOCKET to submit or view public enforcement personnel would be unable estimated burden currently identified in

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the OMB Inventory of Approved ICR 94105 and at the Navajo Nation area included in the request, herein Burdens. This increase is due to a Environmental Protection Agency Air called the ‘‘Delegated Program Area,’’ correction in the estimated number of Quality Control Program Office, Rt. 12 includes all lands within the formal existing affected sources. North/Bldg #F004–051, Fort Defiance, boundaries of the Navajo Nation Dated: November 8, 2004. AZ 86504. Effective October 15, 2004, Reservation and the satellite Oscar Morales, all notifications, requests, applications, reservations of Alamo, Canoncito and reports and other correspondence Ramah and Tribal trust lands located Director, Collection Strategies Division. required under 40 CFR Part 71 for all outside of the formal reservations in the [FR Doc. 04–25621 Filed 11–17–04; 8:45 am] Part 71 sources identified in this notice Eastern Agency, excluding the Bennet BILLING CODE 6560–50–P or otherwise covered by the Agreement Freeze area. shall be submitted to NNEPA’s Air As part of its request, NNEPA Quality Control Program Office at the submitted a legal opinion from its ENVIRONMENTAL PROTECTION following address: Navajo Nation Air attorney general stating that the Navajo AGENCY Quality Control Program Office, P.O. Nation Air Pollution Prevention and [FRL–7837–8] BOX 529 Fort Defiance, AZ 86504 Attn: Control Act and the Navajo Nation Air Chris Lee. Sources will also remain Quality Control Program Operating Announcement of the Delegation of the obligated to submit copies of such Permit Regulations provide it adequate Title V Permitting Program, Consistent documents to EPA as set forth in the authority to carry out all aspects of the With Federal Operating Permit terms and conditions of their Part 71 delegated program. NNEPA provided all Programs to the Navajo Nation permits and consistent with Section necessary documentation to Environmental Protection Agency and VII(2) of the Agreement. demonstrate that it has adequate the Suspension of Federal Operating FOR FURTHER INFORMATION CONTACT: authority and adequate resources to Permit Program Fee Collection by EPA Emmanuelle Rapicavoli, Permits Office administer the Part 71 federal for Sources Covered by the Delegation (AIR–3), 75 Hawthorne Street, San permitting program. of Authority Agreement Francisco, CA 94110, Telephone: 415– Pursuant to 40 CFR 71.10(b), EPA hereby notifies the public that effective AGENCY: Environmental Protection 972–3969, e-mail: [email protected]. October 15, 2004, it has granted Agency (EPA). NNEPA’s request and is fully delegating ACTION: Informational notice. SUPPLEMENTARY INFORMATION: The the authority to administer the federal purpose of this notice is to announce operating permits program as set forth SUMMARY: The purpose of this notice is that on October 15, 2004, EPA granted to announce that on October 15, 2004, under 40 CFR Part 71 and in the NNEPA’s request for full delegation of Agreement. The terms and conditions EPA granted the Navajo Nation authority to administer the Part 71 Environmental Protection Agency’s for full delegation are specified in the federal operating permits program for Agreement between EPA Region IX and (NNEPA) request for full delegation of certain Part 71 sources. The Act and its authority to administer the Clean Air NNEPA signed and dated on October 15, implementing regulations under Part 71 2004. Act’s (the Act) federal operating permits authorize EPA to delegate authority to The Agreement applies to all new and program. Under this delegation, NNEPA administer the Part 71 program to any existing sources within the Delegated will issue and implement Title V eligible Tribe that submits a Program Area except the Four Corners operating permits for certain air demonstration of adequate regulatory Power Plant and the Navajo Generating pollution sources located within the procedures and authority for Station, for which Region IX retains sole formal boundaries of the Navajo Nation administration of the Part 71 operating authority to regulate under Title V. The reservation and certain off-reservation permits program. existing Part 71 sources covered by the Tribal Trust lands and will otherwise In order to be considered an ‘‘eligible Agreement are the following: the El Paso administer the program. The terms and tribe,’’ the NNEPA submitted, on June Natural Gas Window Rock Compressor conditions of the full delegation are 17, 2004, an application for a Station, the El Paso Natural Gas White specified in a Delegation of Authority determination, under the provisions of Rock Compressor Station, the El Paso Agreement (‘‘Agreement’’) between EPA the Tribal Authority Rule (TAR), 40 CFR Natural Gas Navajo Compressor Station, Region IX and NNEPA, signed and Part 49, that it is eligible to be treated the El Paso Natural Gas Leupp dated on October 15, 2004. Region IX is in the same manner as a state for the Compressor Station, the El Paso Natural also simultaneously suspending its purpose of receiving delegation of Gas Dilkon Compressor Station, the collection of Part 71 fees, pursuant to 40 authority to administer the federal Part Transwestern Pipeline Klagetoh CFR 71.9(c)(2)(ii), for sources identified 71 operating permit program. The Compressor Station, the Transwestern in this notice or otherwise covered by application excluded the Four Corners Pipeline Leupp Compressor Station, El the Agreement. Power Plant and the Navajo Generating Paso Natural Gas Gallup Compressor EFFECTIVE DATES: The effective date for Station. Region IX reviewed NNEPA’s Station, the Conoco Phillips Wingate the Agreement between EPA and application and determined that it met Fractionating Plant, Peabody Western NNEPA, and EPA’s suspension of its the four criteria for eligibility, identified Coal Company’s Black Mesa Complex, Part 71 fee collection for sources in 40 CFR 49.6, for the sources the Chevron-Texaco Aneth Gas Plant, identified in this notice or otherwise described, and was thus eligible for and the Exxon-Mobil McElmo Creek covered by the Agreement, is October entering into a delegation agreement Unit. The Agreement also applies to all 15, 2004. with Region IX to administer the Part 71 new Part 71 sources which will ADDRESSES: Copies of the letter program. Region IX’s eligibility construct and operate within the requesting delegation of authority to determination was signed on October Delegated Program Area as well as administer the federal operating permits 13, 2004. existing sources in the Delegated program and the Agreement between On July 16, 2004, NNEPA submitted Program Area which later become EPA and NNEPA are available for public a request to the Region to delegate the subject to Part 71. inspection at EPA’s Region IX Office, 75 administration of the federal Part 71 If, at any time, EPA determines that Hawthorne Street, San Francisco, CA program for certain Part 71 sources. The NNEPA is not or cannot adequately

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administer the requirements of Part 71 issued by the Georgia Environmental of the Sierra Club to the Administrator or fulfill the terms of the Agreement, Protection Division (EPD) to Cargill, on October 7, 2003, requesting that EPA this delegation may be revoked, in Inc.—Soybean Oil Mill (Cargill) located object to a state title V operating permit whole or in part, pursuant to 40 CFR in Gainesville, Hall County, Georgia, issued by EPD to Cargill. The Petitioner 71.10(c). Under this delegation, EPA pursuant to title V of the Clean Air Act, maintains that the Cargill permit is retains its authority to (1) object to the 42 U.S.C. 7661–7661f. The July 16, 2004 inconsistent with the Act due to: (1) The issuance of any Part 71 permit, (2) act Order was amended to delete two inadequacy of EPD’s RACT upon petitions submitted by the public, references to a cement kiln in Section determinations for various emission and (3) collect fees from all owners or IV.A. The deletions were made because: units; (2) the inadequacy of various operators of sources described in the (1) The citation for the cement kiln monitoring and reporting requirements; Agreement and subject to 40 CFR Part reference on page 6 of the original Order (3) the inadequacy of the statement of 71 if it is demonstrated that NNEPA is was incorrect. The reference originally basis; and (4) the permit’s inability to not adequately administering the Part 71 cited to Petitioners’ Consultant’s Report: assure compliance. program in accordance with the the Letter from Bill Powers, P.E. of Dated: November 10, 2004. Agreement, 40 CFR Part 71, and/or the Powers Engineering to Curtis Cox of A. Stanley Meiburg, Act. Because EPA is retaining its Georgia Center for Law in the Public Deputy Regional Administrator, Region 4. authority to act upon petitions Interest (GCLPI) (October 3, 2002). submitted pursuant to 40 CFR 71.10(h) While the actual date for the Powers [FR Doc. 04–25623 Filed 11–17–04; 8:45 am] and 71.11(n), any such petitions must be Report was October 3, 2003, the correct BILLING CODE 6560–50–P submitted to Region IX following the citation to the cement kiln reference procedures set forth in those should have been to Cargill’s ENVIRONMENTAL PROTECTION regulations. Consultant’s July 17, 2002 Report: Letter AGENCY EPA also notifies the public, pursuant from Todd Cloud of Trinity Consultants to 40 CFR 71.9(c)(2)(ii), that effective to Mr. James Capp of EPD (July 17, [FRL–7839–1] October 15, 2004, it has suspended 2002); and collection of its Part 71 permit fees for (2) In re-reviewing the correct permit Science Advisory Board Staff Office; those Part 71 sources identified in this record document relating to the cement Notification of an Upcoming notice or otherwise covered by the kiln reference on page 6 of the original Teleconference of the Science Agreement. In delegating the Order, EPA has become concerned that Advisory Board Second Generation administration of the Part 71 program, the cement kiln information contained Model Advisory Panel EPA has determined that NNEPA can in the July 17, 2002 Letter from Todd AGENCY: Environmental Protection collect fees under tribal law sufficient to Cloud of Trinity Consultants to Mr. Agency (EPA). fund the delegated Part 71 program and James Capp of EPD may have been ACTION: Notice. carry out the duties specified in the erroneously included in Trinity’s Report Agreement. EPA retains its authority to and may not be accurate as applied to SUMMARY: The EPA, Science Advisory collect Part 71 fees if it is demonstrated Cargill’s Gainesville, Georgia facility. Board (SAB) Staff Office announces a that NNEPA is not adequately The deletion of the two references to a teleconference of the Second Generation administering the Part 71 program in cement kiln in Section IV.A does not Model Advisory Panel to discuss its accordance with the Agreement, Part 71, impact or alter EPA’s original finding plan for providing advice to EPA on this and/or the Act. that the permit narrative and permit model. Dated: October 26, 2004. record provided little explanation for DATES: A public teleconference of the Jane Diamond, the numerical reasonable available SAB Second Generation Model Acting Regional Administrator, Region 9. control technology (RACT) limit chosen Advisory Panel will be held from 2 p.m. to 5 p.m. Eastern time on December 2, [FR Doc. 04–25624 Filed 11–17–04; 8:45 am] for boiler B001, nor does it impact or alter EPA’s original grant of the 2004. BILLING CODE 6560–50–P Petitioners’ claim that the narrative and FOR FURTHER INFORMATION CONTACT: permit record are inadequate on the Members of the public who wish to ENVIRONMENTAL PROTECTION numerical RACT limit for boiler B001. obtain the call-in number and access AGENCY ADDRESSES: Copies of the amended final code to participate in the teleconference order, the petition, and all pertinent may contact Dr. Holly Stallworth, EPA [Petition IV–2003–7; FRL–7838–5] information relating thereto are on file Science Advisory Board Staff (1400F), U.S. Environmental Protection Agency, Clean Air Act Operating Permit at the following location: EPA Region 4, 1200 Pennsylvania Ave., NW., Program; Petition for Objection to Air, Pesticides and Toxics Management Washington, DC 20460; telephone/voice State Operating Permit for Cargill, Division, 61 Forsyth Street SW., Atlanta, mail: (202) 343–9867 or via e-mail at Inc.—Soybean Oil Mill; Gainesville Georgia 30303–8960. The amended final [email protected]. (Hall County), GA order is also available electronically at the following address: http:// Technical Contact: The technical AGENCY: Environmental Protection www.epa.gov/region7/programs/artd/ contact in EPA’s Office of Atmospheric Agency (EPA). air/title5/petitiondb/petitions/ Programs for the Second Generation ACTION: Notice of amended final order cargillamendment_ Model is Michael Leifman who can be on petition to object to a state operating decision2003(amended).pdf. reached at [email protected] or 202–343–9380. permit. FOR FURTHER INFORMATION CONTACT: Art SUPPLEMENTARY INFORMATION: SUMMARY: On October 19, 2004, EPA Hofmeister, Air Permits Section, EPA Background: EPA’s Office of amended an order signed by the Region 4, at (404) 562–9115 or Atmospheric Programs had requested Administrator on July 16, 2004, partially [email protected]. the SAB to provide advice on the granting and partially denying a petition SUPPLEMENTARY INFORMATION: GCLPI Second Generation Model. The SAB to object to a state operating permit originally submitted a petition on behalf Staff Office has formed a SAB Panel to

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respond to the Agency’s request. FEDERAL ACCOUNTING STANDARDS MATTERS TO BE CONSIDERED: The Background on the Second Generation ADVISORY BOARD Commission will consider and act upon Model Advisory Panel was provided in the following in open session: Secretary a Notice published on July 9, 2004 (69 Notice of Public Hearing and Issuance of Labor v. Eastern Associated Coal FR 41474–41475). A final roster of the of Statement of Federal Financial Corporation, Docket No. WEVA 2002– Panel, a meeting agenda, and draft Accounting Standards (SFFAS) No. 26 46. (Issues include whether the judge charge questions to the SAB will be Board Action: Pursuant to 31 U.S.C. properly concluded that Eastern posted on the SAB Web site (http:// 3511(d), the Federal Advisory Associated Coal Corp. violated 30 CFR www.epa.gov/sab/) prior to the meeting. Committee Act (Pub. L. 92–463), as 48.11(a)(3) when it did not train two Additional background material on the amended, and the FASAB Rules of independent contractor employees on Second Generation Model may be found Procedure, as amended in April 2004, the provisions of its roof control plan at: http://www.epa.gov/air/sgm— notice is hereby given that the Federal addressing roof grouting.) The Commission heard oral sab.html. The purpose of this upcoming Accounting Standards Advisory Board arguments in this matter on November (FASAB) will hold a public hearing in teleconference is to review available 9, 2004. conjunction with its December 16, 2004, advisory and background materials, Any person attending this meeting Board Meeting from 9 a.m. to noon. The identify additional information needs, who requires special accessibility public hearing will address the discuss the draft charge questions to the features and/or auxiliary aids, such as exposure draft (ED) Inter-Entity Cost SAB and plan for face-to-face meetings sign language interpreters, must inform Implementation—Amending SFFAS 4, of the Panel. the Commission in advance of those Managerial Cost Accounting Standards needs, subject to 29 CFR 2706.150(a)(3) Procedures for Providing Public and Concepts. Those interested in and § 2706.160(d). Comment. It is the policy of the EPA testifying should contact Melissa Science Advisory Board (SAB) Staff Loughan, Assistant Director, no later CONTACT PERSON FOR MORE INFO: Jean Office to accept written public than one week prior to the hearing. Ms. Ellen, (202) 434–9950 / (202) 708–9300 comments of any length, and to Loughan can be reached at 202–512– for TDD Relay / 1–800–877–8339 for toll accommodate oral public comments 5976 or via e-mail at free. whenever possible. The EPA SAB Staff [email protected]. Also, they should Jean H. Ellen, Office expects that public statements at the same time provide a short Chief Docket Clerk. presented at the Second Generation biography and written copies of their [FR Doc. 04–25712 Filed 11–16–04; 12:51 Model Advisory Panel’s meetings will testimony. The ED is available on the pm] not be repetitive of previously FASAB Web site http://www.fasab.gov BILLING CODE 6735–01–M submitted oral or written statements. under Exposure Drafts. Oral Comments: Requests to provide FASAB also announces the publication of Statement of Federal oral comments must be in writing (e- FEDERAL RESERVE SYSTEM mail, fax or mail) and received by Dr. Financial Accounting Standard 26, Stallworth no later than five business entitled Presentation of Significant Formations of, Acquisitions by, and days prior to the teleconference in order Assumptions for the Statement of Social Mergers of Bank Holding Companies to reserve time on the meeting agenda. Insurance: Amending SFFAS 25. An The companies listed in this notice For teleconferences, opportunities for electronic version of the statement is have applied to the Board for approval, oral comment will usually be limited to available on the World Wide Web at http://www.fasab.gov/standards.html. pursuant to the Bank Holding Company no more than three minutes per speaker For Further Information Contact: Act of 1956 (12 U.S.C. 1841 et seq.) and no more than fifteen minutes total. Wendy M. Comes, Executive Director, (BHC Act), Regulation Y (12 CFR Part Written Comments: Although written 441 G St., NW., Mail Stop 6K17V, 225), and all other applicable statutes comments are accepted until the date of Washington, DC 20548, or call (202) and regulations to become a bank the meeting (unless otherwise stated), 512–7350. holding company and/or to acquire the written comments should be received in Authority: Federal Advisory Committee assets or the ownership of, control of, or the SAB Staff Office at least five Act. Pub. L. 92–463. the power to vote shares of a bank or business days prior to the meeting date bank holding company and all of the so that the comments may be made Dated: November 10, 2004. banks and nonbanking companies available to the committee for their Charles Jackson, owned by the bank holding company, consideration. Comments should be Federal Register Liaison Officer. including the companies listed below. supplied to the DFO at the address/ [FR Doc. 04–25586 Filed 11–17–04; 8:45 am] The applications listed below, as well contact information noted above in the BILLING CODE 1610–01–M as other related filings required by the following formats: one hard copy with Board, are available for immediate original signature, and one electronic inspection at the Federal Reserve Bank copy via e-mail (acceptable file format: FEDERAL MINE SAFETY AND HEALTH indicated. The application also will be Adobe Acrobat, WordPerfect, Word, or REVIEW COMMISSION available for inspection at the offices of Rich Text files (in IBM–PC/Windows the Board of Governors. Interested Sunshine Act Meeting 95/98 format). persons may express their views in writing on the standards enumerated in November 12, 2004. Dated: November 8, 2004. the BHC Act (12 U.S.C. 1842(c)). If the Vanessa T. Vu, TIME AND DATE: 10 a.m., Thursday, proposal also involves the acquisition of Director, EPA Science Advisory Board Staff November 18, 2004. a nonbanking company, the review also Office. PLACE: The Richard V. Backley Hearing includes whether the acquisition of the [FR Doc. 04–25622 Filed 11–17–04; 8:45 am] Room, 9th Floor, 601 New Jersey nonbanking company complies with the Avenue, NW., Washington, DC. BILLING CODE 6560–50–P standards in section 4 of the BHC Act STATUS: Open. (12 U.S.C. 1843). Unless otherwise

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noted, nonbanking activities will be other company, in a nonbanking activity organization of comments. A comment conducted throughout the United States. that is listed in § 225.28 of Regulation Y filed in paper form should include this Additional information on all bank (12 CFR 225.28) or that the Board has reference both in the text and on the holding companies may be obtained determined by Order to be closely envelope, and should be mailed or from the National Information Center related to banking and permissible for delivered to the following address: website at www.ffiec.gov/nic/. bank holding companies. Unless Federal Trade Commission/Office of the Unless otherwise noted, comments otherwise noted, these activities will be Secretary, Room 159–H (Annex B), 600 regarding each of these applications conducted throughout the United States. Pennsylvania Avenue, NW., must be received at the Reserve Bank Each notice is available for inspection Washington, DC 20580. The FTC is indicated or the offices of the Board of at the Federal Reserve Bank indicated. requesting that any comment filed in Governors not later than December 13, The notice also will be available for paper form be sent by courier or 2004. inspection at the offices of the Board of overnight service, if possible, because A. Federal Reserve Bank of St. Louis Governors. Interested persons may U.S. postal mail in the Washington area (Randall C. Sumner, Vice President) 411 express their views in writing on the and at the Commission is subject to Locust Street, St. Louis, Missouri question whether the proposal complies delay due to heightened security 63166–2034: with the standards of section 4 of the precautions. 1. Porter Bancorp, Inc., BHC Act. Additional information on all Comments containing confidential Shepherdsville, Kentucky; to acquire bank holding companies may be material must be filed in paper form, 100 percent of the voting shares of obtained from the National Information must be clearly labeled ‘‘Confidential,’’ Citizens Financial Bank, Inc., Glasgow, Center website at www.ffiec.gov/nic/. and must comply with Commission Kentucky. Unless otherwise noted, comments Rule 4.9(c). 16 CFR 4.9(c) (2004).1 B. Federal Reserve Bank of regarding the applications must be Comments filed in electronic form Minneapolis (Jacqueline G. Nicholas, received at the Reserve Bank indicated should be submitted by clicking on the Community Affairs Officer) 90 or the offices of the Board of Governors following weblink: https:// Hennepin Avenue, Minneapolis, not later than December 2, 2004. secure.commentworks.com/ftc- Minnesota 55480–0291: A. Federal Reserve Bank of St. Louis p2pfilesharing/ and following the 1. Dolphin Family Limited (Randall C. Sumner, Vice President) 411 instructions on the web-based form. To Partnership, and Dolphin Family Locust Street, St. Louis, Missouri ensure that the Commission considers Management Co., both of Blaine, 63166–2034: an electronic comment, you must file it Minnesota; to become bank holding 1. Bancshares of Camden, Inc., on the web-based form at the https:// companies by acquiring 13.55 percent of Camden, Tennessee; to engage de novo secure.commentworks.com/ftc- the voting shares of Crosstown Holding through its subsidiary, BOC Reinsurance p2pfilesharing/ weblink. Company, Blaine, Minnesota, and Company, Ltd., Crossville, Tennessee, The FTC Act and other laws the thereby indirectly acquire shares of 21st in reinsuring credit life, accident and Commission administers permit the Century Bank, Loretto, Minnesota. health insurance, pursuant to section collection of public comments to C. Federal Reserve Bank of Kansas 225.28(b)(11)(i) of Regulation Y. consider and use in this proceeding as City (Donna J. Ward, Assistant Vice appropriate. All timely and responsive President) 925 Grand Avenue, Kansas Board of Governors of the Federal Reserve System, November 12, 2004. public comments received by the City, Missouri 64198–0001: Commission, whether filed in paper or 1. Community Capital Bancorp, Cairo, Robert deV. Frierson, Deputy Secretary of the Board. in electronic form, will be considered by Nebraska; to become a bank holding the Commission, and will be available [FR Doc. 04–25531 Filed 11–17–04; 8:45 am] company by acquiring 100 percent of to the public on the FTC Web site, to the the voting shares of State Bank of Cairo, BILLING CODE 6210–01–S extent practicable, at http://www.ftc.gov. Cairo, Nebraska. As a matter of discretion, the FTC makes Board of Governors of the Federal Reserve every effort to remove home contact System, November 12, 2004. FEDERAL TRADE COMMISSION information for individuals from public Robert deV. Frierson, Public Workshop: Peer-to-Peer File- comments it receives before placing Deputy Secretary of the Board. Sharing Technology: Consumer those comments on the FTC Web site. [FR Doc. 04–25532 Filed 11–17–04; 8:45 am] Protection and Competition Issues More information, including routine BILLING CODE 6210–01–S uses permitted by the Privacy Act, may AGENCY: Federal Trade Commission be found in the FTC’s privacy policy, at (FTC). http://www.ftc.gov/privacy.htm. FEDERAL RESERVE SYSTEM ACTION: Notice of Extension of Public FOR FURTHER INFORMATION CONTACT: Comment Period. Elizabeth Delaney, (202) 326–2903, Notice of Proposals to Engage in Bureau of Consumer Protection; Permissible Nonbanking Activities or SUMMARY: The FTC issues an Theodore Gebhard, (202) 326–3699, to Acquire Companies that are amendment to its Notice Announcing Bureau of Competition; or Hajime Engaged in Permissible Nonbanking Public Workshop and Requesting Public Hadeishi, (202) 326–2320, Bureau of Activities Comment, extending the time period Economics. The above staff can be The companies listed in this notice during which persons may submit have given notice under section 4 of the written comments on the issues to be 1 Commission Rule 4.2(d), 16 CFR 4.2(d). The Bank Holding Company Act (12 U.S.C. addressed by the public workshop until comment must also be accompanied by an explicit January 18, 2005. request for confidential treatment, including the 1843) (BHC Act) and Regulation Y (12 factual and legal basis for the request, and must CFR Part 225) to engage de novo, or to DATES: Comments must be received by identify the specific portions of the comment to be acquire or control voting securities or January 18, 2005. withheld from the public record. The request will ADDRESSES: be granted or denied by the Commission’s General assets of a company, including the Comments should refer to Counsel, consistent with applicable law and the companies listed below, that engages ‘‘P2P File-Sharing Workshop— public interest. See Commission Rule 4.9(c), 16 CFR either directly or through a subsidiary or Comment, P034517’’ to facilitate the 4.9(c).

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reached by mail at: Federal Trade Control and Prevention (CDC) Respirator (PAPR) Standards and Commission, 600 Pennsylvania Avenue, announces the following committee Introduction of Concepts for Closed NW., Washington, DC 20580. Additional meeting: Correction. Circuit, Self-Contained Breathing information about the workshop is ACTION: Notice; Correction. Apparatus Standards Development posted on the FTC’s Web site at http:/ Efforts Used for Respiratory Protection /www.ftc.gov/bcp/workshops/ SUMMARY: The Board of Scientific Against Chemical, Biological, filesharing/index.htm. Counselors, National Center for Radiological, and Nuclear (CBRN) SUPPLEMENTARY INFORMATION: Environmental Health/Agency for Toxic Agents. Substances and Disease Registry Date and Time: 8:30 a.m.–5 p.m., Background and Workshop Goals published a document in the Federal December 15, 2004. On December 15 and 16, 2004, the Register on November 2, 2004, Place: Sheraton Station Square, 7 FTC is planning to host a public concerning advice and guidance to the Station Square Drive, Pittsburgh, workshop, ‘‘Peer-to-Peer File-Sharing Secretary, HHS; the Director, CDC and Pennsylvania. Technology: Consumer Protection and Administrator, ATSDR; and the Purpose: NIOSH will continue Competition Issues.’’ The FTC’s Director, NCEH/ATSDR, regarding discussions of conceptual standards and workshop is intended to provide an program goals, objectives, strategies, and testing processes for PAPR standards opportunity to learn how P2P file- priorities in fulfillment of the agencies’ suitable for respiratory protection sharing works and to discuss current mission to protect and promote people’s against CBRN agents. NIOSH also and future applications of the health. wishes to introduce conceptual technology. It will discuss the risks to Correction: In the Federal Register of requirements for Closed Circuit, Self- consumers related to file-sharing November 2, 2004, (Volume 69, Number Contained Breathing Apparatus suitable activities. The workshop also will 211) [Notices] Page 63547—‘‘PLACE: for respiratory protection against CBRN address self-regulatory initiatives, CDC Headquarter facility, 1600 Clifton agents. technological efforts, and legislative Road, Atlanta, Georgia 30033’’ Should NIOSH, along with the U.S. Army proposals. It will discuss competition Read: Emory Conference Center, Silver Research, Development and Engineering issues such as the models for Bell Pavillion, 1615 Clifton Road, Command (RDECOM, formerly distributing music and the impact of Atlanta, Georgia 30333. SBCCOM) and the National Institute for file-sharing on copyright holders. FOR FURTHER INFORMATION CONTACT: Standards and Technology (NIST), will Questions to be addressed at the Sandra Malcom, Committee present information to attendees workshop are set forth in the Management Specialist, NCEH/ATSDR, concerning the concept development for Commission’s Notice Announcing 1600 Clifton Road, Mail Stop E–28, the PAPR CBRN standard and the Public Workshop and Requesting Public Atlanta, GA 30303; telephone (404) Closed Circuit, Self-Contained Breathing Comment, published in the Federal 498–0003, fax (404) 498–0059; e-mail: Apparatus CBRN standard. Participants Register on October 21, 2004. [email protected]. The deadline for will be given an opportunity to ask questions on these topics and to present Extension of Time for Filing Comments notification of attendance is November 12, 2004. individual comments for consideration. The FTC is extending the time period The Director, Management Analysis Interested participants may obtain a during which public comments may be and Services Office, has been delegated copy of the PAPR CBRN concept paper submitted. Interested parties may the authority to sign Federal Register and the Closed Circuit, Self-Contained submit written comments on the notices pertaining to announcements of Breathing Apparatus concept paper, as published questions and other issues meetings and other committee well as earlier versions of other concept addressed by the workshop until management activities for both CDC and papers used during the standard January 18, 2005. Especially useful are the National Center for Environmental development effort, from the NIOSH any studies, surveys, research, and Health/Agency for Toxic Substances NPPTL Web site at http://www.cdc.gov/ niosh/npptl. The October 30, 2004, empirical data. All comments should be and Disease Registry. filed as prescribed in the ADDRESSES concept papers will be used as the basis section above, and must be received by Dated: November 12, 2004. for discussion at the public meeting. January 18, 2005. B. Kathy Skipper, Municipal, state, and federal Acting Director, Management Analysis and responder groups, particularly in By direction of the Commission. Services Office, Centers for Disease Control locations considered potential terrorism Donald S. Clark, and Prevention. targets, have been developing and Secretary. [FR Doc. 04–25593 Filed 11–17–04; 8:45 am] modifying response and consequence [FR Doc. 04–25555 Filed 11–17–04; 8:45 am] BILLING CODE 4163–19–P management plans for domestic security BILLING CODE 6750–01–M and preparedness issues. Since the World Trade Center and anthrax DEPARTMENT OF HEALTH AND incidents, most emergency response DEPARTMENT OF HEALTH AND HUMAN SERVICES agencies have operated with a HUMAN SERVICES heightened appreciation of the potential Centers for Disease Control and scope and sustained resource Centers for Disease Control and Prevention requirements for coping with such Prevention National Personal Protective events. The federal Interagency Board National Center for Environmental Technology Labs (NPPTL), National for Equipment Standardization and Health/Agency for Toxic Substances Institute for Occupational Safety and Interoperability (IAB) has worked to and Disease Registry—Scientific Health (NIOSH) of the Centers for identify personal protective equipment Counselors Board; Correction Disease Control and Prevention (CDC) that is already available on the market Announces the Following Meeting for responders’ use. The IAB has In accordance with section 10(a)(2) of identified the development of standards the Federal Advisory Committee Act Name: Continued Discussions for or guidelines for respiratory protection (Pub. L. 92–463), the Centers for Disease Concepts of Powered Air-Purifying equipment as a top priority. NIOSH,

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NIST, the National Fire Protection (http://www.cdc.gov/niosh) by selecting management activities, for both CDC Association (NFPA), and the conferences and then the event. and the Agency for Toxic Substances Occupational Safety and Health An opportunity to make presentations and Disease Registry. Administration have entered into a regarding the discussions of concepts Dated: November 12, 2004. for standards and testing processes for Memorandum of Understanding B. Kathy Skipper, defining each agency or organization’s PAPR standards and for Closed Circuit, Acting Director, Management Analysis and role in developing, establishing, and Self-Contained, Breathing Apparatus standards suitable for respiratory Services Office, Centers for Disease Control enforcing standards or guidelines for and Prevention. protection against CBRN agents will be responders’ respiratory protective [FR Doc. 04–25594 Filed 11–17–04; 8:45 am] devices. NIST has initiated Interagency given. Requests to make such BILLING CODE 4163–19–P Agreements with NIOSH and RDECOM presentations at the public meeting to aid in the development of appropriate should be made by e-mail to the NPPTL Event Management Office protection standards or guidelines. DEPARTMENT OF HEALTH AND ([email protected]). All requests to NIOSH has the lead in developing HUMAN SERVICES standards or guidelines to test, evaluate, present should include the name, and approve respirators. address, telephone number, relevant Centers for Disease Control and NIOSH, RDECOM, and NIST have business affiliations of the presenter, a Prevention hosted public meetings on April 17 and brief summary of the presentation, and 18, 2001; June 18 and 19, 2002; October the approximate time requested for the Agency for Toxic Substances and 16 and 17, 2002; April 29, 2003; June presentation. Oral presentations should Disease Registry 25, 2003; October 16, 2003; and May 4, be limited to 15 minutes. 2004, presenting their progress in After reviewing the requests for Public Meeting of the Citizens assessing respiratory protection needs of presentations, NPPTL Event Advisory Committee on Public Health responders to CBRN incidents. The Management will notify each presenter Service Activities and Research at methods or models for developing of the approximate time that their Department of Energy Sites: Oak Ridge hazard and exposure estimates and the presentation is scheduled to begin. If a Reservation Health Effects participant is not present when their status in evaluating test methods and Subcommittee presentation is scheduled to begin, the performance standards that may be remaining participants will be heard in Name: Public meeting of the Citizens applicable as future CBRN respirator order. At the conclusion of the meeting, Advisory Committee on PHS Activities standards or guidelines were discussed an attempt will be made to allow and Research at DOE Sites: Oak Ridge at these meetings. presentations by any scheduled Reservation Health Effects Three NIOSH CBRN respirator participants who missed their assigned Subcommittee (ORRHES). standards and several NFPA standards times. Attendees who wish to speak but Time and Date: 6 p.m.–8 p.m., for ensembles, SCBA, and protective did not submit a request for the November 30, 2004. clothing were the first adopted by the opportunity to make a presentation may Place: Oak Ridge Mall, Alpine U.S. Department of Homeland Security be given this opportunity at the Meeting Room, 333 East Main Street, (DHS). On February 26, 2004, DHS conclusion of the meeting, at the Oak Ridge, TN Telephone: (865) 482– adopted, as DHS standards, three discretion of the presiding officer. 2008. NIOSH criteria for testing and certifying Comments on the topics presented in Status: Open to the public, limited respirators for protection against CBRN this notice and at the meeting should be only by the space available. The meeting exposures. NIOSH uses the criteria to mailed to the NIOSH Docket Office, room accommodates approximately 50 test (1) SCBA for use by emergency Robert Taft Laboratories, M/S C34, 4676 people. responders against CBRN, (2) APR for Columbia Parkway, Cincinnati, Ohio Background: Under a Memorandum use by emergency responders against 45226, Telephone 513–533–8303, Fax of Understanding (MOU) signed in CBRN exposures, and (3) escape 513–533–8285. Comments may also be October 1990 and renewed in respirators for protection against CBRN. submitted by e-mail to September 2000 between ATSDR and Status: This meeting is hosted by [email protected]. E-mail DOE, the MOU delineates the NIOSH and will be open to the public, attachments should be formatted in responsibilities and procedures for limited only by the space available. The Microsoft Word. Comments should be ATSDR’s public health activities at DOE meeting room will accommodate submitted to NIOSH no later than sites required under sections 104, 105, approximately 150 people. January 31, 2005. Comments regarding 107, and 120 of the Comprehensive Interested parties should make hotel CBRN PAPR should reference Docket Environmental Response, reservations directly with the Sheraton Number NIOSH–010 in the subject Compensation, and Liability Act Station Square (412) 261–2000 / 1–888– heading; and comments regarding the (CERCLA or ‘‘Superfund’’). These 325-3535) before the cut-off date of CBRN Closed Circuit, Self-Contained activities include health consultations November 30, 2004. A special group rate Breathing Apparatus should reference and public health assessments at DOE of $85 per night for meeting guests has Docket Number NIOSH–039. sites listed on, or proposed for, the been negotiated for this meeting. The Contact for Additional Information: Superfund National Priorities List and NIOSH/NPPTL Public Meeting must be NPPTL Event Management, 3604 Collins at sites that are the subject of petitions referenced to receive this special rate. Ferry Road, Suite 100, Morgantown, from the public; and other health- Interested parties should confirm their West Virginia 26505–2353, Telephone related activities such as epidemiologic attendance at this meeting by 304–599–5941 x138, Fax 304–225–2003, studies, health surveillance, exposure completing a registration form and E-mail [email protected]. and disease registries, health education, forwarding it by e-mail The Director, Management Analysis substance-specific applied research, ([email protected]) or fax (304–225– and Services Office, has been delegated emergency response, and preparation of 2003) to the NPPTL Event Management the authority to sign Federal Register toxicological profiles. In addition, under Office. A registration form may be Notices pertaining to announcements of an MOU signed in December 1990 with obtained from the NIOSH Homepage meetings and other committee DOE and replaced by an MOU signed in

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2000, the Department of Health and DEPARTMENT OF HEALTH AND NCHS Data Human Services (HHS) has been given HUMAN SERVICES Researcher—Supplied Data the responsibility and resources for General Requirements for Guest Researchers General Requirements for Remote Access conducting analytic epidemiologic Centers for Disease Control and Prevention Use of RDC/NCHS investigations of residents of Costs for Using the RDC communities in the vicinity of DOE Procedures and Costs for Use of the Disclosure Review Process facilities, workers at DOE facilities, and Research Data Center Appendix I—Examples of Data Available other persons potentially exposed to through the NCHS RDC radiation or to potential hazards from AGENCY: National Center for Health Appendix II—Requirements for the Release non-nuclear energy production and use. Statistics, Centers for Disease Control of NCHS Micro Data and Prevention (CDC), Department of Appendix III—Disallowed SAS Functions, HHS has delegated program Statements, and Procedures responsibility to CDC. Community Health and Human Services (HHS). Appendix IV—Project-Specific Requirements involvement is a critical part of ACTION: Notice and request for Vaccine Safety Datalink Files ATSDR’s and CDC’s energy-related comments. Appendix V—Agreement Regarding Conditions of Access to Confidential research and activities and input from SUMMARY: This notice provides members of the ORRHES is part of these Data in the Research Data Center of the information about the Research Data National Center for Health Statistics efforts. Center (RDC) operated by the National Appendix VI—Researcher Affidavit of Purpose: The purpose of this meeting Center for Health Statistics (NCHS) Confidentiality is to address issues that are unique to within the Centers for Disease Control Operational Procedures for the Use of community involvement with the and Prevention (CDC). The Research the Research Data Center, National ORRHES, and agency updates. Data Center was established in 1998 to Center for Health Statistics (NCHS); Matters to be Discussed: Agenda items provide a mechanism whereby Centers for Disease Control and researchers can access detailed data files will include a brief discussion on the Prevention (CDC) in a secure environment, without ATSDR project management plan and jeopardizing the confidentiality of Purpose the schedule of Public Health respondents. Historically, the data files Assessments to be released in FY2005– This document provides information accessed in the RDC have consisted of about the National Center for Health 2006, and updates and NCHS survey data. RDC has recently recommendations from the Exposure Statistics’ (NCHS) Research Data Center begun accepting data files that were not (RDC), including how to submit Evaluation, Community Concerns and produced from NCHS survey data. In Communications, and the Health proposals requesting use of data, order to assure that all data files are mechanisms to access the RDC, Outcome Data Workgroups, and agency processed in a consistent manner, the requirements, use of outside data sets, updates. original guidelines for accessing files in costs for using the RDC, and other Agenda items are subject to change as the RDC are being reviewed and revised pertinent topics. The Guidelines pertain priorities dictate. as necessary. As part of the revision to use of data produced by NCHS and process, potential users are being given Due to programmatic issues that had non-NCHS entities. If, after reading the opportunity to provide input on these guidelines, you have further to be resolved, the Federal Register how the procedures of the RDC can best notice is being published less than questions, you may seek clarification serve their research needs. This notice through e-mail ([email protected]) or by fifteen days before the date of the describes how to submit proposals meeting. contacting Ken Harris at (301) 458–4262 requesting use of the data, mechanisms or by e-mail at [email protected]. The Contact Persons for More Information: to access the RDC, requirements, use of procedures described for use of the RDC Marilyn Horton, Designated Federal outside data sets, costs for using the are under constant review to improve Official and Committee Management RDC, and other pertinent topics. We are RDC operations and to be responsive to Specialist, Division of Health seeking comments on these procedures changes in the environment that affect Assessment and Consultation, ATSDR, and will post the final procedures on confidentiality protections. Please check 1600 Clifton Road, NE., M/S E–32 the NCHS Web site. the NCHS Web site or contact the RDC Atlanta, Georgia 30333, telephone 1– DATES: Submit comments on or before to determine if modifications have been 888–42–ATSDR (28737), fax (404) 498– December 9, 2004. made. 1744. ADDRESSES: Send comments concerning Background The Director, Management Analysis this notice to Ken Harris, National and Services Office, has been delegated Center for Health Statistics, 3311 Toledo In order to advance knowledge on the Road, Room 3210, Hyattsville, MD health and well-being of the nation and the authority to sign Federal Register 20782, or e-mail to [email protected]. its health care system, NCHS and other notices pertaining to announcements of FOR FURTHER INFORMATION CONTACT: organizational entities in the meetings and other committee Ken Harris at (301) 458–4262. Department of Health and Human management activities, for both CDC SUPPLEMENTARY INFORMATION: Services release statistical micro data and ATDSR. containing health and related variables. Dated: November 10, 2004. Operational Procedures for Use of the These files allow outside researchers Research Data Center; National Center Alvin Hall, and analysts to develop statistics and for Health Statistics; Centers for Disease conduct independent research. Director, Management Analysis and Services Control and Prevention Office, Centers for Disease Control and However, any release of data, whether Prevention. Table of Contents micro data files or the results of [FR Doc. 04–25536 Filed 11–17–04; 8:45 am] Purpose statistical analyses, must be consistent with the confidentiality provisions BILLING CODE 4163–18–P Background Research Data Center—Operations under which the data were collected. Submission of Research Proposals Using For the case of data collected or

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obtained by NCHS, Section 308(d) of the confidential data files remain in the consistent with the guidelines Public Health Service Act (42 U.S.C. RDC where access to unit records is published in the NCHS Staff Manual on 242m(d)) and the NCHS Staff Manual on restricted, and output is inspected Confidentiality (see Appendix II, Confidentiality do not permit the release before it leaves the RDC. Requirements for the Release of NCHS of data that are either identified or As currently designed, the NCHS RDC Micro Data Files). identifiable to persons outside of NCHS. facility in Hyattsville has four user (2) Remote Access—Users are able to In order to preserve privacy and workstations and a secure room for the electronically submit analytical confidentiality, details that might RDC printer. In addition, there is office computer programs using SAS as the identify or facilitate the identification of space for the RDC staff and long-term programming language. After their persons and organizations participating outside researchers. proposals are approved, researchers are in surveys and data systems are The RDC computers have no registered with the RDC remote access suppressed in published data products. electronic link either to the NCHS system and introduced to the Examples of data elements that might be network, the CDC–NCHS mainframe, or procedures and programming abridged are geographic identifiers, the Internet. The RDC workstations limitations to be followed in accessing details of sample design, and variables consist of Pentium III 933 MHz data. Researchers send programs to the such as age or income that might exist computers running Windows 2000. RDC and receive output by e-mail. RDC in other databases. There is sufficient storage on the staff prepares the requested data files Despite the wide dissemination of workstations and the server for any which may consist of confidential data data through publications, CD–ROMs, confidential data. PC–SAS, SUDAAN, merged with user data. Both submitted etc., the inability to release files with, Watcom Fortran 77, and Stata are programs and output undergo a for instance, lower levels of geography, installed on the workstations, and programmed disclosure limitation severely limits the utility of some data additional programming/analytic review and are also subject to a manual for research, policy, and programmatic languages can be added as needed. review. Certain procedures and SAS purposes and sets a boundary on one of The computers have been configured functions are not allowed (see Appendix the goals of the U.S. Department of so that removable media such as floppy II, Disallowed SAS Functions, Health and Human Services, i.e., to disks are inaccessible to users. All print Statements, and Procedures for a increase our capacity to provide state output is routed to a central printer complete list). For example, users and local area estimates. In pursuit of which is monitored by RDC staff while cannot use PROC TABULATE or PROC this goal and in response to the research the RDC is open to external researchers. IML, nor are functions allowed that are community’s interest in restricted data, Further, the system’s workstations are capable of producing listings of NCHS established the Research Data configured such that researchers are individual cases such as LIST and Center (RDC), a mechanism whereby given read-only access to requested data PRINT. Additionally, functions that may researchers can access detailed data files files and can write only onto the local select individual cases are not allowed in a secure environment, without workstation’s hard disk. These (R_, FIRST., LAST., and others). The jeopardizing the confidentiality of restrictions ensure that users cannot output is scanned for cells containing respondents. The RDC provides remove information that has not been less than five observations. If any are restricted access to NCHS data. The RDC subjected to a review for confidentiality. found, not only is that cell suppressed, also accepts outside data sets. Appendix The three methods of access to but several additional cells will also be I contains information about some of the restricted data through the Data Center suppressed (complementary data sets currently available in the RDC. include: suppression). Alternatively, the Special requirements for use of non- (1) Guest Researcher (on site)—The researcher may be asked to revise and NCHS data can be found in Appendix researcher submits a research proposal resubmit his/her analyses. The job log is IV, Project-Specific Requirements. to the RDC and, upon approval, also scanned with particular attention to Authority: Sections 306 and 308 of the conducts his/her research on site at certain types of error conditions that Public Health Service Act (42 U.S.C. 242k NCHS in the RDC. RDC staff constructs may spawn case listings. Some projects and 242m). the necessary data files before the guest are not suitable for the remote access researcher arrives and ensure that no method. Stewards of the file/s in Research Data Center (RDC)— restricted data leave the facility. Data consultation with RDC staff make this Operations from virtually all of the NCHS data determination. The NCHS RDC is a research facility collection systems may be made (3) RDC Staff-Assisted Research: This located at the NCHS headquarters in available through the RDC. Also is mainly useful for those planning to Hyattsville, MD, where researchers available are data from other data use statistical software programming meeting certain qualifications are collection systems. languages other than SAS or who are allowed access, under strict supervision, PC–SAS, SUDAAN, Watcom not able to travel to the RDC facility. to restricted statistical micro data files. Fortran 77, and Stata are installed on Under this method, an approved To gain access to the RDC researchers the RDC workstations. Other researcher e-mails a statistical software must submit a proposal for review and programming languages or data analysis program to the assigned RDC staff approval. Researchers can use one of packages can be made available with person who runs the program and, after three access methods (see below): (1) sufficient lead time. disclosure review, provides the output Direct access through local computing Researchers may take the results of to the researcher by e-mail. More resources in the RDC that accommodate their analyses off-site only after extensive programming services are also visiting researchers; (2) a remote disclosure review by NCHS RDC staff. available. program submission system through Disclosure review consists of looking for Each of the access methods outlined which researchers can submit work to tabular cells less than 5, tables with above has an associated cost which be done in the RDC with the output geographic variables in any dimension, includes equipment and space rental, returned to them by e-mail; or (3) models with geographic variables (or staff overhead, and setup. The staff programming services for outside variables tantamount to geographic overhead and setup include the time researchers provided by RDC staff (see variables) as outcome variables, or case and resources necessary for monitoring below). In all three methods, listings. In general, disclosure review is progress, setting up equipment and data

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files, disclosure limitation review, and NCHS data. If no project specific 2. A letter from student applicant’s file management. Since these reflect requirements are provided for non- department chair or academic advisor varying demands on resources, accurate NCHS data, the format below is to be stating that student is working under the cost estimates cannot be given without used. direction of the department. complete knowledge of the proposed (1) The research proposal must 3. A data dictionary: a complete research. In general, though, the setup contain the following information: listing of the specific data requested— fee is $500 per day of effort (see Costs A. Cover letter. data system, files, years, cases, of Using the RDC, below). B. Project Title. variables, matching or linking variables, C. Abstract: approximately 100–300 etc. Submission of Research Proposals Using words summarizing the project. 4. A data dictionary for researcher- NCHS Data D. Full personal identification, supplied data, if any, to be merged with Researchers must submit proposals institutional affiliation, mailing the confidential data. This includes that are detailed enough in their data addresses (including overnight express identifying the source of the data, specifications to permit RDC staff to mail address), phone, and e-mail variable names, variable codes or easily determine what data elements are address. Applicants who are students ranges, file layout, number of records, required. Prospective researchers are must append a letter from the and restrictions on NCHS use of the data encouraged to check with RDC staff department chair or advisor stating that (currently the RDC policy prohibits prior to writing their proposals to the applicant is a student working under release of merged data to anyone other ensure that the data of interest can be the direction of the department. than the prospective researcher). made available to them. Researchers E. Dates of proposed tenure at the 5. A description of the computer and should develop their proposals in a way RDC (or use of the remote access e-mail system to be used to receive that facilitates the ability of the RDC system). Proposals requesting remote output from the remote access system as staff to create the analytic files required access should include an appendix well as the security provisions by the project. Proposals should be describing the computer and e-mail established for them. explicit regarding the variables needed account that will receive output as well Portions of doctoral proposals or grant as well as any case selection required. as the security provisions established applications with appropriate Only those data items required to for them. modifications may suffice for the conduct the proposed analyses will be F. Source of funding for the proposed research proposal. included in the analytic data file and project. Proposals to use the Research Data the proposals should address why the G. Background of study: Center should be sent to: requested data are needed for the 1. Key study questions or hypotheses. Research Data Center, National Center proposed study. Overly large and 2. Public health benefits. for Health Statistics, 3311 Toledo Road, complex projects or poorly defined H. A summary of the data Suite 4113, Hyattsville, MD 20782, projects will require extensive requirements for the proposed research [email protected]. communication between RDC staff and along with an explanation of why the Upon receipt, the Research Proposal the researchers proposing the project, data are needed for the proposed study. will be evaluated by a review committee and this can cause the process to move 1. Identification of cases to be convened for that purpose. The Proposal slowly. Work to prepare data files can included in the analytic file. Review Committee consists of (at be accomplished most expeditiously if 2. Identification of variables to be minimum) the director of the NCHS large, complex projects are subdivided included in the analytic file. RDC, the RDC staff liaison, the NCHS into manageable parts and requested 3. Data to be supplied by the Confidentiality Officer, and the director data are clearly defined. researcher and merged with NCHS or (or designee) of the NCHS data division Researchers wishing to link data in other data. whose data are requested in the the RDC with external data should 4. A description of why publicly proposal. Proposals for use of non- provide the external data to RDC staff in available data are insufficient. NCHS data undergo review as advance of their entry to and use of the I. Methods for the study: determined by the steward/s of those RDC (a minimum of 7 days prior to the 1. Analytic strategy and statistical data. approved date for access to the RDC). methods to be used. (2) The following criteria apply to The RDC expects that all researchers 2. Software requirements (currently, proposal review for projects requesting    will adhere to established standards and PC–SAS for Windows , Stata , use of NCHS data: principles for carrying out statistical SUDAAN, LIMDEP, HLM, SPSS, A. Scientific and technical feasibility research and analyses. Researchers must and Watcom Fortran 77 are available of the project; conduct only those analyses which in the RDC; other languages can be B. Availability of resources at the received approval. Failure to comply made available with sufficient lead RDC; will result in cancellation of the time). C. Risk of disclosure of restricted research activity and potential J. A description of the output that the information; and disbarment from future research researcher intends to have reviewed for D. For projects using NCHS data, activities in the RDC. In the case where non-disclosure. This should include whether the proposed project is in Institutional Review Board (IRB) table shells, model equations, or test accordance with the mission of the approval is required to conduct statistics of any output that the NCHS to provide statistical information research, RDC staff will notify relevant researcher plans to remove from the that will guide actions and policies to IRBs of infringements of protocol RDC. This will help the reviewers to improve the health of the American approvals. determine the risk of disclosure. people. Appendix IV (Project-Specific K. Appendices. Researchers should note that approval Requirements) contains information on 1. A current resume or Curriculum of their application does not constitute submitting a research proposal Vitae for each person who will endorsement by NCHS of the requesting use of data other than those participate in the research activity. substantive, methodological, theoretical, produced by NCHS. The format detailed Resumes or CVs must specify or policy relevance or merit of the below pertains specifically to use of nationality. proposed research. NCHS approval only

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constitutes a judgment that this during normal working hours (Monday- statements are not allowed through research, as described in the Friday, 8:30 a.m.–5 p.m.). Admittance to remote access. A list of such commands/ application, is not an illegal use of the the RDC will be limited to the statements is included in Appendix III. requested data file and that there is high researchers whose names are included This list is periodically reviewed and probability that the project can be in the Research Proposal (Section D). may be modified as necessary. The successfully done in the RDC. Researchers will be required to show SAS program must be in plain ASCII format. Researcher-Supplied Data photo identification before admittance. A maximum of 3 collaborating 3. During the first week of The RDC allows researchers to supply researchers can sit at a computer station registration, researchers’ data requests their own data to be linked with RDC in the RDC. are executed in a manual mode, data sets to create merged data sets that 2. Computers will be pre-loaded with requiring RDC staff to review the will be stored in the RDC. The the approved datasets by NCHS staff program and resulting output before its researcher-supplied data may consist of approximately one day prior to the release. During this period, remote proprietary data collected and ‘‘owned’’ external researcher’s use of the RDC. access is available only during normal by the researcher or other publicly Once the analysis is completed, NCHS working hours. After the first week, available data obtained by the staff will remove the datasets from the researchers may submit data requests researcher such as census data. RDC computer. any time (day or night) and receive Researchers MUST provide RDC staff 3. Guest researchers must be able to prompt response, except when the CDC with complete documentation of any conduct their analyses with the software e-mail system is down or when the data proposed to be merged with RDC specified in their research proposal. remote access system is taken off-line data. Researchers expecting to use 4. External researchers are not for maintenance. merged files are responsible for allowed to bring documents, manuals, 4. The remote access system does not interacting with RDC staff to ensure that books, etc., that may enable them to allow users to write permanent datasets their data can be merged with the data identify and disclose confidential in its disk space. Jobs that attempt to resident at the RDC and the format of information they access in the RDC. create permanent datasets or files are the data is consistent with the RDC data. Neither are they allowed to bring into flagged, terminated, and an error The RDC will accept user data files in the RDC cell phones, pagers, or other message is sent to the researcher.    SAS , Stata , or ASCII format (flat devices which would enable them to 5. The remote access system limits files) with variables either column- communicate with persons outside of researchers’ time and storage. No single delimited or column-specific. Other the RDC. program is allowed more than one hour formats may also be proposed. RDC staff 5. All logs will be printed or to complete execution or to generate prior to the arrival of the researcher will electronically archived and will be kept output in access of 1.5 MB. do the merging of researcher-supplied by NCHS. NCHS will retain only the 6. With one exception, macros are not data with RDC data sets. Identifying programs and procedures run by allowed through the remote access  information in linking fields will be external researchers. The logs will not system. The exception, GLIMIX , removed after the merge and will not be include results from their research. requires special permission. made available to the researchers. 6. All computer output generated by Use of the RDC Owners or stewards of RDC data sets statistical programs and all hand-written make the determination of whether and notes based on such computer output In order to get access to restricted data how the resultant merged files would be are subject to disclosure review by files in the RDC, researchers must made available to other researchers. For NCHS staff before removal from the include in their proposals a signed RDC files that are owned by NCHS, this RDC. Output is restricted to summary ‘‘Agreement Regarding Conditions of determination is made by the owners of tables of geographic or patient-level data Access to Confidential Data in the the researcher-supplied data that will be (e.g., line listings of diagnoses by study Research Data Center for the National merged with the NCHS owned RDC identifier will be prohibited). Center for Health Statistics.’’ (Appendix files. For files that are NOT owned by 7. Guest researchers may not save V) All researchers participating on an NCHS, the determination is made by the output, files, or programs to approved project must sign the stewards or owners of the RDC files. The transportable electronic media. RDC agreement—which clearly states the owners of these files can require that staff can copy output or programs to penalties for violating the conditions of any merged files be made available to all transportable media, if requested. agreement. In addition, each researcher interested researchers or allow this 8. Researchers proposing multiple must sign an ‘‘Affidavit of determination to be made by the owners analyses that employ multiple data sets Confidentiality.’’ (Appendix VI) The of the researcher supplied data. will have access to only one dataset at RDC reserves the right to terminate any The RDC periodically creates and a time. Under no circumstances will project at any time that it deems that an maintains backup copies of all computer researchers be permitted any investigator’s actions will compromise files. Backup files are stored in a secure opportunity to merge datasets on their confidentiality or ethical standards of storage area accessible by RDC staff own. behavior in a research environment. only, although they may be made Statistical micro data files are General Requirements for Remote available to researchers who need to collections of data from individual units Access return for additional analyses. These such as persons or providers. Statistical backup files will contain user-supplied 1. Researchers must register an e-mail agencies world wide are bound by data as well as the merged files. These address that is credibly secure. ethical and legal requirements to backup files will be destroyed only Although programs can be sent to the preserve the privacy of individual upon the written request of the user. RDC from any address, results will respondents and the confidentiality of always be returned to the registered e- data provided to the agency by them or General Requirements for Guest mail address. otherwise pertaining to them. As Researchers 2. Data requests must be in the form mentioned earlier, confidentiality 1. Researchers must work under the of SAS programs (Version 8.2). protection at NCHS is governed by supervision of RDC staff and only However, certain SAS commands/ Section 308(d) of the Public Health

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Service Act (42 U.S.C. 242m). This 4. To hold in strictest confidence the The RDC technical monitor will section states that: identification of any establishment or perform a disclosure review and must No information, if an establishment or individual that may be inadvertently provide approval to the researcher person supplying the information or revealed in any documents or before removal of any data from the described in it is identifiable, obtained discussion, or analysis. Such RDC, whether it is in electronic or paper in the course of activities undertaken or inadvertent identification revealed in form. Any violation by the researcher supported under section 304, 306, or their analyses will be immediately may be punishable by fine or 307 may be used for any purpose other brought to the attention of RDC staff. imprisonment for up to 5 years or both than the purpose for which it was 5. Not to remove any printouts, under Title 18 U.S.C. 1001. supplied unless such establishment or electronic files, documents, or media As noted above, the RDC contains person has consented (as determined until they have been scanned for work stations with computers pre- under regulations of the Secretary) to its disclosure risk by RDC staff. loaded by NCHS staff with the requested use for such other purpose and in the 6. Not to remove from NCHS any dataset(s) to be analyzed with statistical case of information obtained in the written notes pertaining to the software. External researchers must course of health statistical or identification of any establishment, schedule time for use of the RDC, pay epidemiological activities under section individual, or geographic area that may the appropriate user fees, and abide by 304 or 306, such information may not be be revealed in the conduct of their the standard practices of the RDC. published or released in other form if research at NCHS. Among the requirements is a restriction the particular establishment or person on equipment that can be brought into 7. To the inspection of any material supplying the information or described the RDC, signing agreements to maintain they may bring to or remove from the in it is identifiable unless such confidentiality, and submitting to NCHS Research Data Center. establishment or person has consented review of all results for any potential (as determined under regulations of the 8. To comport themselves in a manner breaches in confidentiality. Secretary) to its publication or release in consistent with principles and Costs for Using the RDC other form. standards appropriate to a scientific Having read and familiarized research establishment. Time in the RDC can be scheduled in themselves with the Researcher Appendix V Agreement Regarding increments ranging from a consecutive Affidavit of Confidentiality, including Conditions of Access to Confidential 2-day minimum to a consecutive 10-day Section 308(d) of the Public Health Data in the Research Data Center of the maximum. Extensions can be negotiated Service Act (42 U.S.C. 242m) (see National Center for Health Statistics, with RDC staff subject to scheduling below), researchers agree: signed by all investigators on the requirements. Scheduling time at the 1. To make no copies of any files or project, must be submitted with the RDC is on a first-come, first-served portions of files to which they are initial proposal. basis. granted access except those authorized Deliberate violation of any of these Researchers using the NCHS RDC will by NCHS Research Data Center staff. conditions may result in cancellation of be charged for space and equipment 2. To return to RDC staff all NCHS the data access, and the researcher may rental and staff time necessary for restricted materials with which they be escorted from the premises by the supervision, disclosure limitation may be provided during the conduct of duly authorized Federal protection review, maintenance of computer their research at NCHS and other service on duty at NCHS. The researcher facilities (including both hardware and materials as requested. may also be barred from any future use software), and the creation and 3. Not to use ANY technique in an of the RDC upon review and maintenance of data files required by attempt to learn the identity of any determination by the Director of NCHS the researcher. The cost per project (or person, establishment, or sampling unit that this is necessary to protect the creation of an analytic file) is given in not identified on public use data files. integrity and confidentiality of the RDC. the table below:

Guest Researcher (on site) ...... $200 per day (2-day minimum). Remote Access ...... $500 per month for files with less than 130,000 records. $1,000 per month for files with 130,000 records or more. $500 per year for selected standard files.* * There are selected files that have been developed for repeat and multiple users which require minimal set up procedures and involve minimal content changes to the file when preparing for different users. For that reason, charges for accessing these files are considerably less expensive than the regular fees. Two files fall under this category: the contextual data file for the National Survey of Family Growth (NSFG–CDF) and the Polio file for the National Health Interview Survey (NHIS–Polio). The cost for accessing standard files of this type will be published as the files are developed.

There is a minimum setup charge of create the analytic files required by the Payment is expected in advance of the $500 per day for new file creation. An project. Proposals should be explicit use of the RDC. A cashier’s check or additional $500 per day is charged as regarding the variables needed as well money order made payable to NCHS needed for file creations and for special as any case selection required. Overly RDC must be received seven business handling, such as the merging of large and complex projects will require days prior to the start date scheduled for additional data or creating custom file extensive communication between RDC use of the RDC. Payments should be formats. staff and the researchers proposing the mailed to: NCHS RDC, Attn: RDC More complex projects may require project, and this can cause the process Director, 3311 Toledo Road, Suite 4113, discussion between the researcher and to move slowly. Work to prepare data Hyattsville, MD 20782. RDC staff to determine the cost of file files can be accomplished most Disclosure Review Process creation. Researchers are encouraged to expeditiously if large, complex projects develop their proposals in a way that are subdivided into manageable parts. The disclosure review process in the facilitates the ability of the RDC staff to RDC is centered on a rigorously

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conducted research base. Briefly, RDC cells are each <5, each will be A. Before any new or revised micro data staff, either independently or in suppressed, but the column total need files are published, they, together with their collaboration with staff from other areas not be suppressed because the full documentation, must be approved for of the NCHS, other government suppressed column cells cannot be publication by the Confidentiality Officer who will rely upon assistance from the NCHS agencies, and non-governmental determined; Disclosure Review Board in reaching researchers, conduct research into the 7. Row (or column) total is suppressed decisions. use of technological and statistical ONLY if it (i.e., total) is <5; since the B. The file must not contain any detailed advances to develop and refine cells that are <5 (row or column as information about the subject that could additional methods to access restricted appropriate) are suppressed, user cannot facilitate identification and that is not data such as the use of the internet or determine their values by knowing the essential for research purposes (e.g., exact encrypted data, assessment of disclosure row (or column) total. date of the subject’s birth, excessive detail for risk through statistical and automated RDC staff will use best practices in occupation, extreme values of income and procedures, and the use of disclosure age, detailed race or ethnicity for small and determining whether data are highly visible groups—and other limitation methodologies (e.g., statistical identifiable and will be conservative in characteristics that would make an noise) to enable the release of otherwise their decisions. RDC decisions are final individual or establishment easier to restricted data files. The results of these and not subject to negotiation by identify). It is recommended that the research activities are applied to researchers. following be consulted concerning possible disclosure review activities in the RDC. techniques that would permit the maximum Researchers may take the results of Publication amount of information to be released their analyses off-site after disclosure For NCHS files, any published consistent with sound principles of statistical review by RDC staff. Disclosure review material derived from the data should disclosure limitation: The Confidentiality consists of looking for tabular cells less acknowledge NCHS as the source and and Data Access Committee’s Checklist on than 5, tables with geographic variables Disclosure Potential of Data (http:// should include a disclaimer that credits www.fcsm.gov/committees/cdac/ in any dimension, models with any analyses, interpretations, or checklist_799.doc) and Statistical Policy geographic variables (or variables conclusions reached by the author Working Paper 22, Report on Statistical tantamount to geographic variables) as (recipient of the file) to that author and Disclosure Limitation Methodology. Office of outcome variables, or line listings. In not to NCHS, which is responsible only Information and Regulatory Affairs, Office of general, disclosure review is consistent for the initial data. Researchers who Management and Budget (http:// with the guidelines published in the want to publish a technical description www.fcsm.gov/working-papers/wp22.html). NCHS Staff Manual on Confidentiality of the data should make a reasonable C. Geographic places that have fewer than (see Appendix II, Requirements for the effort to ensure that the description is 100,000 people are not to be identified on the file. Depending upon the statistical structure Release of Micro Data). consistent with that published by RDC staff review data summaries to of a file and other circumstances, a higher NCHS. figure may be employed. It is the assure maintenance of respondent responsibility of the program proposing the confidentiality. In no case may any table Appendix I—Examples of NCHS Data Available Through the NCHS RDC data release to determine the disclosure risk contain cells with fewer than 5 associated with the proposed minimum size observations. If found, these small cells National Health Interview Survey—Data of geographic areas to be identified. are suppressed, generally by obliterating from the core and supplements for survey D. Characteristics of an area are not to the cell. To assure that small cells years 1987–2002 are available for merging appear on the file if they would uniquely cannot be calculated from the other cells user-supplied data at the state and county identify an area of fewer than 100,000 people in the same row or column, staff makes levels (note that RDC users do not have (e.g., a variable describing the size of a illegible the totals for the rows and access to county FIPS codes; these are Metropolitan Area in which a respondent replaced with randomly assigned dummy was interviewed providing for a category of columns corresponding to the small codes). Additionally, state data files may be fewer than 100,000 in a file where Region is cell. Once disclosure review is made available for analysis and reporting. also provided). completed, researchers receive a National Survey of Family Growth— E. Information on the drawing of the photocopy of the final tabulations. Contextual Data File—The 1995 NSFG has sample which might assist in identifying a RDC staff when reviewing cross- available sets of contextual variables at the respondent must not be released outside the tabulations for small cell use the state, county, census tract, and block-group Center. Thus, the identities of primary following procedures: levels for the residence of the respondents in sampling units are not to be made available 1. Shred all tables having fewer than 1990, 1993, and 1995. outside the Research Data Center except in five total observations (table total); Third National Health and Nutrition limited circumstances and as approved by 2. Shred all tables having fewer than Examination Survey (1988–1994)—Data from the Confidentiality Officer. When such five observations in each cell ; NHANES III are available with state and circumstances require the disclosure of the 3.If the table passes the first two county identifiers (there are restrictions on identity of areas in which data collection the use and reporting of geographic units). activities take place, the survey manager criteria, RDC staff will review the table NCHS survey data, including vital must insure that all information for this one row at a time; statistics, Longitudinal Study on Aging, and survey proposed for release takes into 4. Make illegible all counts and other data files with restricted information account the greater risk of identification percents for cells with four or fewer (sample design information, lower levels of because of this exception. The decision as to observations; geography, etc.) can be made available as whether PSU identities are to be made public 5. If one row cell is <5, that cell and requested and needed. should be made before data are collected and plans for data release finalized. at least one other row cell will be Appendix II—Requirements for the Release suppressed; if two or more row cells are of NCHS Micro Data Files Appendix III—Disallowed SAS Functions, each <5, each will be suppressed, but The following rules apply to all files Statements, and Procedures the row total need not be suppressed released by NCHS which contain any The list below is used by the RDC remote because the suppressed row cells cannot information about individual persons or access system to scan user-submitted be determined; establishments, except where the supplier of programs for functions, statements, and 6. If one column cell is <5, that cell information was told, prior to his giving the procedures that may result in an and at least one other column cell will information, that the information would be unauthorized disclosure. Any user-submitted be suppressed; if two or more column made public: program that contains one or more of these

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keywords is automatically rejected, and the Medical visits are also recorded which can be which are not solely collected for the user is asked to correct the problem and used to monitor for potential adverse events purpose of scientific research. It should be resubmit the program. Because the remote resulting from immunization. The VSD noted then that potential data discrepancies access system is an automated system, the project allows for planned vaccine safety and varying degrees of data quality that are RDC does not and cannot make any studies as well as timely investigations of specific to such types of data do exist and exceptions. This list may change pending emerging hypotheses. At present, the VSD typically are not resolvable with data that are development of additional methodologies. project is examining potential associations available in the RDC. r_word between vaccines and a number of serious 2. Final datasets from published VSD add conditions. Data from the VSD also are used studies: print to test new vaccine safety hypotheses that External researchers who would like to obs result from the medical literature, signals perform a reanalysis of a published VSD firstobs from the Vaccine Adverse Events Reporting study performed by VSD investigators may first. System (VAERS), changes in the request the final dataset for the specific study last. immunization schedule, the introduction of they wish to re-analyze. Data collected for the & new vaccines, or recommendations from the final datasets of the published studies may include additional variables not listed in the % Institute of Medicine (IOM) and Advisory Committee on Immunization Practices (ACIP) data dictionary that is referenced above; nocol recommendations. This project is a powerful therefore, the RDC will provide the external report and cost-effective tool for the on-going researcher with the necessary data dictionary pctn evaluation of vaccine safety. It should be for the requested dataset(s). No additional pctsum noted that the MCOs, as owners of the data, source or ‘‘raw’’ data are available for tabulate have broad decision-making authority over reanalysis of published VSD studies. iml data release, as specified in CDC’s contract In general, VSD studies published after nofreq with America’s Health Insurance Plans August 2002 are available for reanalysis. nocum (AHIP). In addition, MCOs have a recognized However, since many studies were published browse need and right to protect proprietary data. prior to the establishment of the CDC data editor In August 2002, CDC’s National sharing policy, some of the earlier published summary Immunization Program (NIP) and its VSD study datasets may not be available for list managed care partners created a data sharing re-analysis for the following reasons: put program to allow limited access to VSD data • Some IRBs mandate that datasets be file through the NCHS RDC with confidentiality destroyed after research is completed. r_ protection under Sec. 308(d) of the Public • Principal investigator may no longer be plot Health Service Act (42 U.S.C. 242m). affiliated with VSD or the collaborating PROC DATASET: Proposals requesting use of VSD data MCOs; therefore, the location of the dataset -Copy undergo a review by the MCOs’ Institutional is unknown. -Delete Review Board(s) (MCO IRB) in addition to a • Rapidly changing technology can mean -Rename review by RDC staff. After approval of their that data are on obsolete media. -Repair research proposal and payment of fees for the Following receipt of a proposal for a -Append associated costs, researchers are able to reanalysis, the RDC will verify that the data -List independently analyze data from the VSD. variables requested from the published study Compress Two types of VSD data may be accessed at are available. If these data are not available Pointobs the RDC by an external researcher: (for one or more of the reasons stated above), multi part data set names 1. Analytic datasets created from the VSD the RDC will notify the external researcher. In addition to the above disallowed data files that reside at CDC to conduct new Documentation for variables and datasets statements and functions, users of the remote vaccine safety studies: used in VSD studies completed after August access system cannot use any statements or The VSD data files are comprised of several 2002 are maintained according to the CDC functions that write permanent data files to separate data sets derived from computerized data sharing policy regarding archival of data the hard disk. data sources from seven participating VSD that are available on the Web at http:// MCOs. The VSD data files contain data www.cdc.gov/od/ads/pol-385.htm. Appendix IV—Project-Specific Requirements through December 31, 2000 and include All proposals requesting use of VSD data Vaccine Safety Datalink (VSD) Project information such as vaccinations, hospital should contain the following information: discharge and other diagnoses, and A. Project Title. The VSD was established to allow the demographic characteristics. With these data, B. Name of proposed investigator and Centers for Disease Control and Prevention an external researcher may conduct a new collaborators (RDC rules limit number of (CDC) to carefully monitor vaccine safety in vaccine safety study in order to test his/her persons at a work station to 3 at a time). the United States. The VSD, a large-linked vaccine safety hypothesis. The external C. Name of point of contact, address, database, contains medical and researcher may request only the variables telephone number, and e-mail address. immunization information on more than six that are found in the VSD data Files (as listed D. Summary of proposed study (i.e., million people annually. Information in the data dictionary). background, reasons for conducting the available in the database includes basic To assist researchers, CDC makes available study, public health benefits). demographic information, managed care at its Web site: (1) A list of recommended E. Specific hypothesis for new vaccine organization (MCO) enrollment, dates of scientific references relevant to conducting safety studies to be investigated or title of vaccination, and medical visits. The VSD is research using large linked databases such as published VSD study to be reanalyzed. a collaborative project involving CDC and the VSD data files and (2) a data dictionary F. Proposed methodology for new vaccine several large MCOs. Information from the that lists all the variables contained in the safety studies or the specification of the VSD is used by CDC to conduct vaccine VSD data files available for new vaccine methods used in published VSD studies: safety studies. safety research (http://www.cdc.gov/nip/ 1. Definition of the study population of Recognition of the need for improved vacsafe/vsd/default.htm#data). interest and type of study to be conducted: monitoring of vaccine safety prompted the Proposals for analyses of new vaccine a. Descriptive studies: specify the variables CDC to initiate the VSD project in 1990. This safety studies using data from the VSD data and values for those variables to be used to project currently involves partnerships with files should include only those specific select the study population. MCOs to continually monitor vaccine safety. variables that are needed to conduct the b. Case-control studies: specify criteria for All vaccines administered within a MCO are proposed analyses, including a brief cases and controls. recorded and include vaccine type, date of explanation with justification for use of these c. Cohort studies: specify criteria for the vaccination, concurrent vaccinations (those variables. exposed and unexposed population. given during the same visit), the Data contained in the VSD data files have d. For all new vaccine safety studies, manufacturer, lot number and injection site. been created from MCO administrative data please include the following information as

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part of the definition of the study population of proposals for review. Each IRB may have Appendix V—Agreement Regarding of interest: specific policies or requirements for data Conditions of Access to Confidential Data in i. Adult or Pediatric data (0–17 or 18+). sharing that have not been adopted by the the Research Data Center of the National ii. Study years of interest (i.e. 199X–2000). other MCO IRBs. These policies may include Center for Health Statistics Please note the study years available vary by required collaboration with an MCO I lllllllllll (please print HMO site. investigator, fees associated with the IRB name) am aware that the information iii. How the study population will be review process, or differing criteria for the contained in the (name of data file) has been selected from the VSD data files based on IRB review process. provided to NCHS in accordance with the available fields in the VSD data dictionary. MCO IRBs will use their established provisions of Section 308(d) of the Public 2. Specification of the variables that will be procedures and time lines to review the Health Service Act (42 U.S.C. 242m), with required including: proposed research and to consider any the assurance that it will be used only for a. Exposures: Specific criteria defining appeals. As a rule, IRBs attempt to inform health statistical reporting and analysis and exposures based on the VSD data dictionary researchers as to the status of their proposals. will not be published or released in should be included. For instance, specific Approval for access to MCO data contained identifiable form. I am also aware that I can vaccines given within 14 days of the outcome within the VSD data files does not indicate be held legally liable for any harm incurred of interest. approval for obtaining additional data by individuals or establishments who have b. Outcomes: Specific criteria defining contained within the MCO’s member medical provided or are described in the information those outcomes based on the VSD data records or elsewhere, if such data are not contained in the above work files to which dictionary should be included. For instance, contained within the VSD data files that I will have access. specific ICD–9 codes for outcomes of interest reside in the RDC. Having read and familiarized myself with and type of health care encounter For new vaccine safety studies, it is the Researcher Affidavit of Confidentiality, (hospitalization, outpatient encounter, possible that an external researcher will including Section 308(d) of the Public Health emergency room visit). receive approval for access to VSD data from Service Act (42 U.S.C. 242m) (attached), I c. Person Time or Enrollment: Specify some, but not all, relevant IRBs. If this agree: criteria to determine calculation of person occurs, then the dataset(s) needed to conduct 1. To make no copies of any files or time, follow-up time, or MCO enrollment the new vaccine safety study will still be portions of files to which I am granted access restrictions. created, but only with data from the MCOs except those authorized by NCHS Research d. Confounding or control variables, whose IRBs approved access. VSD data sets Data Center staff. including: for new vaccine safety studies must contain 2. To return to RDC staff all NCHS 1. Demographic information. data from two or more MCOs’ data. Access restricted materials with which I may be 2. Pre-existing or co-morbid conditions. will not be provided to data from only one provided during the conduct of my research 3. Concurrent vaccinations. MCO. For reanalysis of a published VSD at NCHS and other materials as requested. 4. MCO Site. study, all relevant IRBs from the MCOs that 3. Not to use ANY technique in an attempt e. Other required variables to perform the participated in the published study must to learn the identity of any person, proposed analysis. approve the proposal for reanalysis; therefore establishment, or sampling unit not G.Proposed analytic strategies. if one or more IRBs do not approve access to identified on public use data files. The RDC staff will notify the external VSD data used in the published study, the 4. To hold in strictest confidence the researcher whether his/her proposal is final dataset cannot be provided. identification of any establishment or complete and whether the requested Once the external researcher has received individual that may be inadvertently variables are available. If all the requested a response from all of the appropriate IRBs, revealed in any documents or discussion, or data variables can be located for the proposed the RDC will begin the process of creating or analysis. Such inadvertent identification new vaccine safety studies or proposed formatting the approved dataset(s). The RDC revealed in my analysis will be immediately reanalysis, review of the proposal by the will not create or prepare the dataset(s) until brought to the attention of RDC staff. appropriate MCO IRBs takes place. In it receives copies of all final IRB dispositions. 5. Not to remove any printouts, electronic compliance with federal law and regulations, files, documents, or media until they have Publication of Research Using VSD Data access by external researchers to a portion of been scanned for disclosure risk by RDC staff. the VSD data files or to datasets from VSD When an external researcher has 6. Not to remove from NCHS any written published studies requires review and completed his/her work at the RDC and notes pertaining to the identification of any approval by the appropriate IRBs of the wishes to publish research results and establishment, individual, or geographic area relevant MCOs. The MCO IRBs have the findings using VSD data, there are specific that may be revealed in the conduct of my responsibility to protect the confidentiality requirements that must be followed: research at NCHS. and privacy of their members’ medical • External researchers are required to 7. To the inspection of any material I may records and to adhere to the rules and submit a copy of these data sharing bring to or remove from the NCHS Research regulations applicable to their respective guidelines with any manuscript submitted to Data Center. institution(s). Consequently, each of the MCO a journal. 8. To comport myself in a manner IRBs must review any request for access to • External researchers are required to consistent with the principles and standards the VSD data files that contain information submit (to the journal) a copy of the appropriate to a scientific research on its MCO members. Any appeal by the Confidentiality Agreement he/she signed establishment. requestor of an IRB decision must follow the prior to conducting research at the RDC. Deliberate violation of any of these national, federal procedures for IRBs. CDC is • Disclaimers must be included in the conditions may result in cancellation of the not involved in the MCO IRB process at any manuscript which state: data access agreement, and the researcher time. General information pertaining to the The research was conducted using data may be escorted from the premises by the rules and regulations of IRB submission can from the Vaccine Safety Datalink Project, duly authorized Federal protection service on be found at http://www.cdc.gov/od/ads/ through the data sharing program at the duty at NCHS. The researcher may also be hsr2.htm/. Centers for Disease Control and Prevention. barred from any future use of the RDC upon • Any published material using VSD data review and determination by the Director of Submission of Proposals to MCO IRBs must acknowledge CDC as the original data NCHS that this is necessary to protect the Review of a proposal submitted by an source. integrity and confidentiality of the RDC. external researcher by a MCO IRB does not • Additionally, disclaimers must be lllllllllllllllllllll imply that CDC approves or endorses the included that state: Researcher’s Signature external researcher’s proposed research. IRB The analysis, interpretations, and lllllllllllllllllllll applications may require a more detailed conclusions are the responsibility of the Date description of the proposed vaccine safety authors and do not represent the views and lllllllllllllllllllll study and may vary according to individual opinions of the CDC, the Federal NCHS Witness IRB requirements. Furthermore, various IRBs Government, or the managed care lllllllllllllllllllll may have different time lines for submission organization providing the data. Date

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Appendix VI—Researcher Affidavit of DEPARTMENT OF HEALTH AND Time allotted for each presentation may Confidentiality HUMAN SERVICES be limited. Those desiring to make I certify that no confidential data or formal oral presentations should notify information viewed or otherwise obtained Food and Drug Administration the contact person before November 23, while I am a researcher in the National 2004, and submit a brief statement of Center for Health Statistics (NCHS) Research Oncologic Drugs Advisory Committee; the general nature of the evidence or Data Center (RDC) will be removed from Notice of Meeting arguments they wish to present, the NCHS. Further, I understand that NCHS will AGENCY: Food and Drug Administration, names and addresses of proposed perform a disclosure review and must HHS. participants, and an indication of the provide approval to me before I remove any approximate time requested to make ACTION: Notice. data from the RDC, whether they are in their presentation. electronic or paper form. I acknowledge This notice announces a forthcoming Persons attending FDA’s advisory NCHS Confidentiality Statute, Sec. 308(d) of meeting of a public advisory committee committee meetings are advised that the the Public Health Service Act (42 U.S.C. of the Food and Drug Administration agency is not responsible for providing 242m) stated below and fully understand my (FDA). The meeting will be open to the access to electrical outlets. legal obligations to NCHS to protect all public. FDA welcomes the attendance of the confidential data. Further, I understand that Name of Committee: Oncologic Drugs public at its advisory committee any violation may be punishable by fine or Advisory Committee. meetings and will make every effort to imprisonment for up to 5 years or both under General Function of the Committee: accommodate persons with physical Title 18 U.S.C. 1001. To provide advice and disabilities or special needs. If you NCHS Confidentiality Statute—No recommendations to the agency on require special accommodations due to information, if an establishment or person FDA’s regulatory issues. a disability, please contact Trevelin supplying the information or described in it Date and Time: The meeting will be Prysock at 301–827–7001 at least 7 days is identifiable, obtained in the course of held on December 1, 2004, from 8 a.m. in advance of the meeting. activities undertaken or supported under Notice of this meeting is given under section 304, 306, or 307 may be used for any to 5 p.m. Location: Holiday Inn, Kennedy/ the Federal Advisory Committee Act (5 purpose other than the purpose for which it U.S.C. app. 2). was supplied unless such establishment or Adams Ballroom, 8777 Georgia Ave., Dated: November 9, 2004. person has consented (as determined under Silver Spring, MD. regulations of the Secretary) to its use for Contact Person: Johanna M. Clifford, Sheila Dearybury Walcoff, such other purpose and in the case of Center for Drug Evaluation and Research Associate Commissioner for External information obtained in the course of health (HFD–21), Food and Drug Relations. statistical or epidemiological activities under Administration, 5600 Fishers Lane, (for [FR Doc. 04–25530 Filed 11–17–04; 8:45 am] section 304 or 306, such information may not express delivery, 5630 Fishers Lane, rm. BILLING CODE 4160–01–S be published or released in other form if the 1093) Rockville, MD 20857, 301–827– particular establishment or person supplying 7001, Fax: 301–827–6776, e-mail: the information or described in it is [email protected], or FDA Advisory DEPARTMENT OF HEALTH AND identifiable unless such establishment or Committee Information Line, 1–800– HUMAN SERVICES person has consented (as determined under 741–8138 (301–443–0572 in the regulations of the Secretary) to its publication Washington, DC area), code National Institutes of Health or release in other form. 3014512542. Please call the Information Line for up-to-date information on this Office of the Director, National Title 18 U.S.C. 1001—Deliberately making Institutes of Health; Notice of Meeting a false statement in any matter within the meeting. jurisdiction of any Department or Agency of Agenda: The committee will discuss Pursuant to section 10(d) of the the Federal Government violates Title 18 these items: (1) New drug application Federal Advisory Committee Act, as U.S.C. 1001 and is punishable by a fine or (NDA) 21–673, proposed trade name amended (5 U.S.C. Appendix 2), notice up to 5 years in prison or both. CLOLAR (clofarabine) Ilex Products, is hereby given of the meeting of the lllllllllllllllllllll Inc., proposed indication for the Advisory Committee to the Director, Researcher’s Signature treatment of pediatric patients 1 to 21 National Institutes of Health (NIH). lllllllllllllllllllll years old with refractory or relapsed The meeting will be open to the Date acute leukemias, and (2) NDA 21–600, public as indicated below, with proposed trade name MARQIBO lllllllllllllllllllll attendance limited to space available. (vincristine sulfate liposome injection) NCHS Witness Individuals who plan to attend and Inex Pharmaceuticals Corp., proposed need special assistance, such as sign lllllllllllllllllllll indication for the treatment of patients language interpretation or other Date with aggressive non-Hodgkin’s reasonable accommodations, should Dated: November 9, 2004. lymphoma previously treated with at notify the Contact Person listed below James D. Seligman, least two combination chemotherapy in advance of the meeting. Associate Director for Program Services, regimens. A portion of the meeting will be Centers for Disease Control and Prevention. Procedure: Interested persons may closed to the public in accordance with [FR Doc. 04–25537 Filed 11–17–04; 8:45 am] present data, information, or views, the provisions set forth in the orally or in writing, on issues pending Government in the Sunshine Act, BILLING CODE 4163–18–P before the committee. Written sections 552b(c)(6) and 552b(c)(9)(B), submissions may be made to the contact Title 5 U.S.C., as amended, because the person by November 23, 2004. Oral disclosure of which would constitute a presentations from the public will be clearly unwarranted invasion of scheduled between approximately 10:30 personal property and the premature a.m. and 11 a.m., and between disclosure of information and the approximately 2:30 p.m. and 3 p.m. discussions are likely to significantly

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frustrate the implementation of the individuals associated with the grant Review of Research and Dissemination program. applications, the disclosure of which Projects (R18s). would constitute a clearly unwarranted Date: December 6, 2004. Name of Committee: Advisory Committee Time: 8 a.m. to 5 p.m. to the Director, NIH. invasion of personal privacy. Agenda: To review and evaluate grant Date: December 2–3, 2004. Name of Committee: National Heart, Lung, applications. Closed: December 2, 2004, 8:30 a.m. to 9:30 and Blood Institute Special Emphasis Panel, Place: Sheraton Inner Harbor Hotel a.m. Review of Research Project (RO1s) Baltimore, 300 South Charles Street, Agenda: Confidential evaluation of Applications. Baltimore, MD 21201. program implementation. Date: December 2, 2004. Contact Person: Patricia A. Haggerty, PhD, Place: National Institutes of Health, 9000 Time: 10:30 a.m. to 12:30 p.m. Scientific Review Administrator, Review Rockville Pike, Building 31, Conference Agenda: To review and evaluate grant Branch, Division of Extramural Affairs, Room 6, Bethesda, MD 20892. applications. National Heart, Lung, and Blood Institute, Open: December 2, 2004, 9:30 a.m. to Place: National Institutes of Health, National Institutes of Health, 6701 Rockledge December 3, 2004, adjournment. Rockledge II, 6701 Rockledge Dr., 7192, Drive, Room 7188, Bethesda, MD 20892, 301/ Agenda: Topics proposed for discussion Bethesda, MD 20892 (Telephone Conference 435–0280. include NIH Director’s Report, Office of the Call). This notice is being published less than 15 Director updates, and workgroup updates. Contact Person: Judy S. Hannah, PhD, days prior to the meeting due to the timing Place: National Institutes of Health, 9000 Scientific Review Administrator, Review limitations imposed by the review and Rockville Pike, Building 31, Conference Branch, Division of Extramural Affairs, funding cycle. Room 6, Bethesda, MD 20892. National Heart, Lung, and Blood Institute, (Catalogue of Federal Domestic Assistance Contact Person: Shelly Pollard, ACD National Institutes of Health, 6701 Rockledge Program Nos. 93.233, National Center for Coordinator, National Institutes of Health, Drive, Room 7190, Bethesda, MD 20892, 301– Sleep Disorders Research; 93.837, Heart and 9000 Rockville Pike, Building 31, Room 435–0287. Vascular Diseases Research; 93.838, Lung 5B64, Bethesda, MD 20892, Phone: (301) This notice is being published less than 15 Diseases Research; 93.839, Blood Diseases 496–0959. days prior to the meeting due to the timing and Resources Research, National Institutes Any interested person may file written limitations imposed by the review and of Health, HHS) comments with the committee by forwarding the statement to the Contact Person listed on funding cycle. Dated: November 10, 2004. this notice. The comments should include (Catalogue of Federal Domestic Assistance LaVerne Y. Stringfield, the name, address, telephone number and, Program Nos. 93.233, National Center for Director, Office of Federal Advisory when applicable, the business or professional Sleep Disorders Research; 93.837, Heart and Committee Policy. Vascular Diseases Research; 93.838, Lung affiliation of the interested person. [FR Doc. 04–25582 Filed 11–17–04; 8:45 am] In the interest of security, NIH has Diseases Research; 93.839, Blood Diseases instituted stringent procedures for entrance and Resources Research, National Institutes BILLING CODE 4140–01–M into the building by nongovernment of Health, HHS) employees. Persons without a government I.D. will need to show a photo I.D. and sign Dated: November 10, 2004. DEPARTMENT OF HEALTH AND in at the security desk upon entering the LaVerne Y. Stringfield, HUMAN SERVICES building. Director, Office of Federal Advisory Information is also available on: http:// Committee Policy. National Institutes of Health www.nih..gov/about/director/acd.htm, where [FR Doc. 04–25581 Filed 11–17–04; 8:45 am] an agenda and any additioanl information for National Institute of Arthritis and the meeting will be posted when available. BILLING CODE 4140–01–M Musculoskeletal and Skin Diseases; Dated: November 10, 2004. Notice of Closed Meeting LaVerny Y. Stringfield, DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the Director, Office of Federal Advisory HUMAN SERVICES Federal Advisory Committee Act, as Committee Policy. amended (5 U.S.C. Appendix 2), notice [FR Doc. 04–25576 Filed 11–17–04; 8:45 am] National Institutes of Health is hereby given of the following BILLING CODE 4140–01–M meeting. National Heart, Lung, and Blood The meeting will be closed to the Institute; Notice of Closed Meeting public in accordance with the DEPARTMENT OF HEALTH AND provisions set forth in sections HUMAN SERVICES Pursuant to section 10(d) of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Federal Advisory Committee Act, as as amended. The grant applications and National Institutes of Health amended (5 U.S.C. Appendix 2), notice the discussions could disclose is hereby given of the following confidential trade secrets or commercial National Heart, Lung, and Blood meeting. property such as patentable material, Institute; Notice of Closed Meeting The meeting will be closed to the and personal information concerning Pursuant to section 10(d) of the public in accordance with the individuals associated with the grant Federal Advisory Committee Act, as provisions set forth in sections applications, the disclosure of which amended (5 U.S.C. Appendix 2), notice 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., would constitute a clearly unwarranted is hereby given of the following as amended. The grant applications and invasion of personal privacy. meeting. the discussions could disclose Name of Committee: National Institute of The meeting will be closed to the confidential trade secrets or commercial Arthritis and Musculoskeletal and Skin public in accordance with the property such as patentable material, Diseases Special Emphasis Panel, Review of provisions set forth in sections and personal information concerning NIH Clinical Trial Planning Grant Program 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., individuals associated with the grant (R34). as amended. The grant applications and applications, the disclosure of which Date: December 8, 2004. Time: 10:30 a.m. to 12 p.m. the discussions could disclose would constitute a clearly unwarranted invasion of personal privacy. Agenda: To review and evaluate grant confidential trade secrets or commercial applications. property such as patentable material, Name of Committee: National Heart, Lung, Place: National Institutes of Health, One and personal information concerning and Blood Institute Special Emphasis Panel, Democracy Plaza, 6701 Democracy

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Boulevard, Bethesda, MD 20892, (Telephone and Hematology Research, National Institutes (Catalogue of Federal Domestic Assistance Conference Call). of Health, HHS) Program Nos. 93.866, Aging Research, Contact Person: Guo HE Zhang, PHD, MD, National Institutes of Health, HHS) Dated: November 10, 2004. Scientific Review Administrator, National Dated: November 10, 2004. Institute of Arthritis and Musculoskeletal and LaVerne Y. Stringfield, Skin Diseases, National Institutes of Health, Director, Office of Federal Advisory LaVerne Y. Stringfield, 6701 Democracy Boulevard, Suite 800, Committee Policy. Director, Office of Federal Advisory Bethesda, MD 20817, 301–451–6524, [FR Doc. 04–25569 Filed 11–17–04; 8:45 am] Committee Policy. [email protected]. [FR Doc. 04–25570 Filed 11–17–04; 8:45 am] BILLING CODE 4140–01–M (Catalogue of Federal Domestic Assistance BILLING CODE 4140–01–M Program Nos. 93.846, Arthritis, Musculoskeletal and Skin Diseases Research, DEPARTMENT OF HEALTH AND National Institutes of Health, HHS) HUMAN SERVICES DEPARTMENT OF HEALTH AND Dated: November 10, 2004. HUMAN SERVICES LaVerne Y. Stringfield, National Institutes of Health National Institutes of Health Director, Office of Federal Advisory Committee Policy. National Institute on Aging; Notice of Closed Meetings National Institute of Neurological [FR Doc. 04–25568 Filed 11–17–04; 8:45 am] Disorders and Stroke; Notice of Closed BILLING CODE 4140–01–M Pursuant to section 10(d) of the Meetings Federal Advisory Committee Act, as Pursuant to section 10(d) of the DEPARTMENT OF HEALTH AND amended (5 U.S.C. Appendix 2), notice Federal Advisory Committee Act, as HUMAN SERVICES is hereby given of the following amended (5 U.S.C. Appendix 2), notice meetings. is hereby given of the following National Institutes of Health The meetings will be closed to the meetings. public in accordance with the The meetings will be closed to the National Institute of Diabetes and provisions set forth in sections public in accordance with the Digestive and Kidney Diseases; Notice 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., provisions set forth in sections of Closed Meeting as amended. The grant applications and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and Pursuant to section 10(d) of the the discussions could disclose confidential trade secrets or commercial the discussions could disclose Federal Advisory Committee Act, as confidential trade secrets or commercial amended (5 U.S.C. Appendix 2), notice property such as patentable material, and personal information concerning property such as patentable material, is hereby given of the following and personal information concerning meeting. individuals associated with the grant applications, the disclosure of which individuals associated with the grant The meeting will be closed to the would constitute a clearly unwarranted applications, the disclosure of which public in accordance with the invasion of personal privacy. would constitute a clearly unwarranted provisions set forth in sections invasion of personal privacy. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: National Institute on Aging Special Emphasis Panel, AD Name of Committee: National Institute of as amended. The grant applications and Neurological Disorders and Stroke Special the discussions could disclose Pathobiology. Date: December 1, 2004. Emphasis Panel. confidential trade secrets or commercial Time: 11:30 a.m. to 2:30 p.m. Date: November 15, 2004. property such as patentable material, Agenda: To review and evaluate grant Time: 10:30 a.m. to 12:30 p.m. and personal information concerning applications. Agenda: To review and evaluate grant individuals associated with the grant Place: National Institutes of Health, applications. Place: 6001 Executive Blvd Suite 3208, applications, the disclosure of which Gateway Building, 7201 Wisconsin Avenue, Bethesda, MD 20892 (Telephone Conference would constitute a clearly unwarranted Bethesda, MD 20814. (Telephone Conference Call). Call). invasion of personal privacy. Contact Person: W. Ernest Lyons, PhD, Contact Person: Jon Rolf, PhD, Health Name of Committee: National Institute of Scientific Review Administrator, Scientific Scientist Administrator, Scientific Review Diabetes and Digestive and Kidney Diseases Review Branch, NINDS/NIH/DHHS, Office, National Institutes of Health, National Special Emphasis Panel, Microbial Immunity Neuroscience Center, 6001 Executive Blvd. in IBD. Institute on Aging, 7201 Wisconsin Avenue, Suite 3208, MSC 9529, Bethesda, MD 20892– Date: December 8, 2004. Room 2C212, Bethesda, MD 20814, (301) 9529, (301) 496–4056. Time: 2 p.m. to 5 p.m. 402–7703, [email protected]. This notice is being published less than 15 Agenda: To review and evaluate grant Name of Committee: National Institute on days prior to the meeting due to the timing applications. Aging Special Emphasis Panel Pathogenesis limitations imposed by the review and Place: National Institutes of Health, Two and CNS Degeneration. funding cycle. Democracy Plaza, 6707 Democracy Date: December 9, 2004. Name of Committee: National Institute of Boulevard, Bethesda, MD 20892, (Telephone Time: 12:00 p.m. to 4:00 p.m. Neurological Disorders and Stroke Special Conference Call). Agenda: To review and evaluate grant Emphasis Panel. Contact Person: Dan E. Matsumoto, PhD, applications. Date: December 15, 2004. Scientific Review Administrator, Review Place: National Institutes of Health, Time: 2 p.m. to 4 p.m. Branch, DEA, NIDDK, Room 749, 6707 Gateway Building, 7201 Wisconsin Ave, Agenda: To review and evaluate grant Democracy Boulevard, National Institutes of Bethesda, MD 20814. (Telephone Conference applications. Health, Bethesda, MD 20892–5452, (301) Call). Place: National Institutes of Health, 594–8894. [email protected]. Contact Person: Ramesh Vemuri, PhD, Neuroscience Center, 6001 Executive (Catalogue of Federal Domestic Assistance Health Scientist Administrator, Scientific Boulevard, Rockville, MD 20852 (Telephone Program Nos. 93.847, Diabetes, Review Office, National Institute on Aging, Conference Call). Endocrinology and Metabolic Research; National Institutes of Health, Room 2C212, Contact Person: Andrea Sawczuk, DDS, 93.848, Digestive Diseases and Nutrition 7201 Wisconsin Avenue, Bethesda, MD PhD, Scientific Review Administrator, Research; 93.849, Kidney Diseases, Urology 20892, (301) 402–7700, [email protected]. Scientific Review Branch, Division of

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Extramural Research, NINDS/NIH/DHHS, DEPARTMENT OF HEALTH AND The meeting will be closed to the 6001 Executive Boulevard, Room #3208, HUMAN SERVICES public in accordance with the Bethesda, MD 20892, (301) 496–0660, provisions set forth in sections [email protected]. National Institutes of Health 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: National Institute of as amended. The grant applications and National Institute of Mental Health; Neurological Disorders and Stroke Special the discussions could disclose Notice of Closed Meeting Emphasis Panel. confidential trade secrets or commercial Date: January 13, 2005. Pursuant to section 10(d) of the property such as patentable material, Time: 11 a.m. to 1 p.m. Federal Advisory Committee Act, as and personal information concerning Agenda: To review and evaluate grant amended (5 U.S.C. Appendix 2), notice individuals associated with the grant applications. is hereby given of the following applications, the disclosure of which Place: National Institutes of Health, meeting. would constitute a clearly unwarranted Neuroscience Center, 6001 Executive The meeting will be closed to the invasion of personal property. Boulevard, Rockville, MD 20852 (Telephone public in accordance with the Name of Committee: National Institute of Conference Call). provisions set forth in sections Child Health and Human Development Contact Person: Andrea Sawczuk, DDS, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Special Emphasis Panel Social Implications PhD, Scientific Review Administrator, as amended. The grant applications and of Embryo Cryopreservation. Scientific Review Branch, Division of the discussions could disclose Date: December 7, 2004. Extramural Research, NINDS/NIH/DHHS, confidential trade secrets or commercial Time: 12:30 p.m. to 1:30 p.m. 6001 Executive Boulevard, Room #3208, property such as patentable material, Agenda: To review and evaluate grant Bethesda, MD 20892, (301) 496–0660, and personal information concerning applications. [email protected]. Place: National Institutes of Health, 6100 individuals associated with the grant Executive Boulevard, Room 5B01, Rockville, (Catalogue of Federal Domestic Assistance applications, the disclosure of which MD 20852, (Telephone Conference Call). Program Nos. 93.853, Clinical Research would constitute a clearly unwarranted Contact Person: Carla T. Walls, PhD, Related to Neurological Disorders; 93.854, invasion of personal privacy. Scientific Review Administrator, Division of Biological Basis Research in the Name of Committee: National Institute of Scientific Review, National Institute of Child Neurosciences, National Institutes of Health, Mental Health Special Emphasis Panel Health and Human Development, NIH, 6100 HHS) Training III. Executive Blvd., Room 5B01, Bethesda, MD 20892, (301) 435–6898, [email protected]. Dated: November 10, 2004. Date: December 3, 2004. Time: 10:30 a.m. to 4 p.m. (Catalogue of Federal Domestic Assistance LaVerne Y. Stringfield, Agenda: To review and evaluate grant Program Nos. 93.864, Population Research; Director, Office of Federal Advisory applications. 93.865, Research for Mothers and Children; Committee Policy. Place: The Watergate, 2650 Virginia 93.929, Center for Medical Rehabilitation [FR Doc. 04–25573 Filed 11–17–04; 8:45 am] Avenue, NW., Washington, DC 20037. Research; 93.209, Contraception and Contact Person: Benjamin Xu, PhD, Infertility Loan Repayment Program, National BILLING CODE 4140–01–M Scientific Review Administrator, Division of Institutes of Health, HHS) Extramural Activities, National Institute of Dated: November 10, 2004. Mental Health, NIH, Neuroscience Center, DEPARTMENT OF HEALTH AND 6001 Executive Boulevard, Room 6143, MSC LaVerne Y. Stringfield, HUMAN SERVICES 9608, Bethesda, MD 20892–9608, 301–443– Director, Office of Federal Advisory 1178, [email protected]. Committee Policy. National Institutes of Health (Catalogue of Federal Domestic Assistance [FR Doc. 04–25578 Filed 11–17–04; 8:45 am] Program Nos. 93.242, Mental Health Research BILLING CODE 4140–01–M National Institute of Mental Health; Grants; 93.281, Scientist Development Amended Notice of Meeting Award, Scientist Development Award for Clinicians, and Research Scientist Award; DEPARTMENT OF HEALTH AND 93.282, Mental Health National Research Notice is hereby given of a change in Service Awards for Research Training, HUMAN SERVICES the meeting of the National Institute of National Institutes of Health, HHS) Mental Health Special Emphasis Panel, National Institutes of Health Dated: November 10, 2004. October 8, 2004, 9 a.m. to October 8, LaVerne Y. Stringfield, National Institute of Child Health and 2004, 4 p.m., Holiday Inn Select Human Development; Notice of Closed Bethesda, 8120 Wisconsin Avenue, Director, Office of Federal Advisory Committee Policy. Meeting Bethesda, MD 20814 which was [FR Doc. 04–25577 Filed 11–17–04; 8:45 am] published in the Federal Register on BILLING CODE 4104–01–M Pursuant to section 10(d) of the September 20, 2004, 69 FR 56234. Federal Advisory Committee Act, as The meeting will be held on amended (5 U.S.C. Appendix 2), notice December 2–3, 2004 at the same DEPARTMENT OF HEALTH AND is hereby given of the following location (Holiday Inn Select Bethesda) HUMAN SERVICES meeting. and the same times (9 a.m. to 4 p.m.). The meeting will be closed to the The meeting is closed to the public. National Institutes of Health public in accordance with the provisions set forth in sections Dated: November 10, 2004. National Institute of Child Health and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., LaVerne Y. Stringfield, Human Development; Notice of Closed Meeting as amended. The grant applications and Director, Office of Federal Advisory the discussions could disclose Committee Policy. Pursuant to section 10(d) of the confidential trade secrets or commercial [FR Doc. 04–25574 Filed 11–17–04; 8:45 am] Federal Advisory Committee Act, as property such as patentable material, BILLING CODE 4140–01–M amended (5 U.S.C. Appendix 2), notice and personal information concerning is hereby given of the following individuals associated with the grant meeting. applications, the disclosure of which

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would constitute a clearly unwarranted would constitute a clearly unwarranted Name of Committee: National Institute on invasion of persona privacy. invasion of personal privacy. Deafness and Other Communications Disorders Special Emphasis Panel, Name of Committee: National Institute of Name of Committee: Board of Scientific Intraneural Auditory Prosthesis Stimulating Child Health and Human Development Counselors, NICHD. Electrode Array. Special Emphasis Panel Program Project & Date: December 3, 2004. Date: December 15, 2004. Small Research Grant; Mitochondria Time: 8 a.m. to 11 a.m. Time: 1 p.m. to 4 p.m. Disorders. Agenda: To review and discuss current Agenda: To review and evaluate contract Date: December 10, 2004. NICHD intramural research activities. proposals. Time: 8:30 a.m. to 4 p.m. Place: National Institutes of Health, Place: National Institutes of Health, 6120 Agenda: To review and evaluate grant Building 31, 9000 Rockville Pike, Conference Executive Blvd., Rockville, MD 20852, applications. Room 2A48, Bethesda, MD 20892. (Telephone Conference Call). Place: Embassy Suites at the Chevy Chase Closed: 11 a.m. to Adjournment. Contact Person: Da-yu Wu, PhD, Scientific Pavilion, 4300 Military Road, NW., Agenda: To review and evaluate personal Review Administrator, Scientific Review Washington, DC 20015. qualifications and performance and Branch, Division of Extramural Activities, Contact Person: Norman Chang, PhD, competence of individual investigators. NIDCD, NIH, 6120 Executive Blvd., Suite Scientific Review Administrator, Division of Place: National Institutes of Health, 400C, Bethesda, MD 20892, 301–496–8683, Scientific Review, National Institute of Child Building 31, 9000 Rockville Pike, Conference [email protected]. Health and Human Development, NIH, 6100 Room 2A48, Bethesda, MD 20892. (Catalogue of Federal Domestic Assistance Executive Blvd., Room 5B01, Bethesda, MD Contact Person: Owen M. Rennert, MD, 20892, (301) 496–1485, Scientific Director, National Institute of Child Program Nos. 93.173, Biological Research [email protected]. Health and Human Development, 9000 Related to Deafness and Communicative Disorders, National Institutes of Health, HHS) (Catalogue of Federal Domestic Assistance Rockville Pike, Building 31, Room 2A50, Program Nos. 93.864, Population Research; Bethesda, MD 20892, (301) 496–2133, Dated: November 10, 2004. 93.865, Research for Mothers and Children; [email protected]. LaVerne Y. Stringfield, Information is also available on the 93.929, Center for Medical Rehabilitation Director, Office of Federal Advisory Institute’s/Center’s home page: Research; 93.209, Contraception and Committee Policy. Infertility Loan Repayment Program, National http:www.nichd.nih.gov/about/bsd/htm, [FR Doc. 04–25583 Filed 11–17–04; 8:45 am] Institutes of Health, HHS) where an agenda and any additional information for the meeting will be posed BILLING CODE 4140–01–M Dated: November 10, 2004. when available. LaVerne Y. Stringfield, (Catalogue of Federal Domestic Assistance Director, Office of Federal Advisory Program Nos. 93.864, Population Research; DEPARTMENT OF HEALTH AND Committee Policy. 93.865, Research for Mothers and Children; HUMAN SERVICES [FR Doc. 04–25579 Filed 11–17–04; 8:45 am] 93.929, Center for Medical Rehabilitation BILLING CODE 4140–01–M Research; 93,209, Contraception and National Institutes of Health Infertility Loan Repayment Program, National Institutes of Health, HHS) National Institute of Environmental DEPARTMENT OF HEALTH AND Dated: November 10, 2004. Health Sciences; Notice of Closed HUMAN SERVICES LaVerne Y. Stringfield, Meeting Director, Office of Federal Advisory Pursuant to section 10(d) of the National Institutes of Health Committee Policy. Federal Advisory Committee Act, as [FR Doc. 04–25580 Filed 11–17–04; 8:45 am] National Institute of Child Health and amended (5 U.S.C. Appendix 2), notice Human Development; Notice of BILLING CODE 4140–01–M is hereby given of the following Meeting meeting. The meeting will be closed to the Pursuant to section 10(d) of the DEPARTMENT OF HEALTH AND public in accordance with the Federal Advisory Committee Act, as HUMAN SERVICES provisions set forth in sections amended (5 U.S.C. Appendix 2), notice 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., is hereby given of a meeting of the National Institutes of Health as amended. The grant applications and Board of Scientific Counselors, NICHD. National Institute on Deafness and the discussions could disclose The meeting will be open to the Other Communication Disorders; confidential trade secrets or commercial public as indicated below, with Notice of Closed Meeting property such as patentable material, attendance limited to space available. and personal information concerning Individuals who plan to attend and Pursuant to section 10(d) of the individuals associated with the grant need special assistance, such as sign Federal Advisory Committee Act, as applications, the disclosure of which language interpretation or other amended (5 U.S.C. Appendix 2), notice would constitute a clearly unwarranted reasonable accommodations, should is hereby given of the following invasion of personal privacy. notify the Contact Person listed below meeting. Name of Committee: National Institute of in advance of the meeting. The meeting The meeting will be closed to the Environmental Health Special Emphasis will be closed to the public as indicated public in accordance with the Panel; U01. below in accordance with the provisions provisions set forth in sections Date: December 16, 2004. set forth in section 552(c)(6), Title 5 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Time: 9:30 a.m. to 5 p.m. U.S.C., as amended for the review, as amended. The contract proposals and Agenda: To review and evaluate grant discussion, and evaluation of individual the discussions could disclose applications. intramural programs and projects on confidential trade secrets or commercial Place: Nat. Inst. of Environmental Health conducted by the National Institute of property such as patentable material, Sciences, Building 101, Rodbell Auditorium, 111 T.W. Alexander Drive, Research Triangle Child Health and Human Development, and personal information concerning Park, NC 27709. including consideration of personnel individuals associated with the contract Contact Person: Linda K. Bass, PhD, qualifications and performance, and as proposals, the disclosure of which Scientific Review Administrator, Scientific the competence of individual would constitute a clearly unwarranted Review Branch, Division of Extramural investigators, the disclosure of which invasion of personal privacy. Research & Training, Nat. Institute of

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Environmental Hlth., Sciences, P.O. Box Research; 93.849, Kidney Diseases, Urology number and title of affected individual 12233, MD EC–30, Research Triangle Park, and Hematology Research, National Institutes programs for the guidance of the public. NC 27709, 919/541–1307 of Health, HHS) Because the guidance in this notice covers virtually every NIH and Federal research (Catalogue of Federal Domestic Assistance Dated: November 10, 2004. program in which DNA recombinant Program Nos. 93.115, Biometry and Risk LaVerne Y. Stringfield, Estimation—Health Risks from molecule techniques could be used, it has Environmental Exposures; 93.142, NIEHS Director, Office of Federal Advisory been determined not to be cost effective or Hazardous Waste Worker Health and Safety Committee Policy. in the public interest to attempt to list these Training; 93.143, NIEHS Superfund [FR Doc. 04–25585 Filed 11–17–04; 8:45 am] programs. Such a list would likely require Hazardous Substances—Basic Research and BILLING CODE 4140–01–M several additional pages. In addition, NIH Education; 93.894, Resources and Manpower could not be certain that every Federal Development in the Environmental Health program would be included as many Federal Sciences; 93.113, Biological Response to agencies, as well as private organizations, DEPARTMENT OF HEALTH AND both national and international, have elected Environmental Health Hazards; 93.114, HUMAN SERVICES Applied Toxicological Research and Testing, to follow the NIH Guidelines. In lieu of the National Institutes of Health, HHS) individual program listing, NIH invites National Institutes of Health readers to direct questions to the information Dated: November 10, 2004. address above about whether individual LaVerne Y. Stringfield, Office of the Director, National programs listed in the Catalog of Federal Director, Office of Federal Advisory Institutes of Health; Notice of Meeting Domestic Assistance are affected. Committee Policy. Pursuant to section 10(a) of the (Catalogue of Federal Domestic Assistance [FR Doc. 04–25584 Filed 11–17–04; 8:45 am] Federal Advisory Committee Act, as Program Nos. 93.14, Intramural Research BILLING CODE 4140–01–M Training Award; 93.22, Clinical Research amended (5 U.S.C. Appendix 2), notice Loan Repayment Program for Individuals is hereby given of a meeting of the from Disadvantaged Backgrounds; 93.232, Recombinant DNA Advisory Committee. Loan Repayment Program for Research DEPARTMENT OF HEALTH AND The meeting will be open to the Generally; 93.39, Academic Research HUMAN SERVICES public, with attendance limited to space Enhancement Award; 93.936, NIH Acquired available. Individuals who plan to Immunodeficiency Syndrome Research Loan National Institutes of Health attend and need special assistance, such Repayment Program; 93.187, Undergraduate Scholarship Program for Individuals from National Institute of Diabetes and as sign language interpretation or other reasonable accommodations, should Disadvantaged Backgrounds, National Digestive and Kidney Diseases; Notice Institutes of Health, HHS) of Closed Meeting notify the Contact Person listed below in advance of the meeting. Dated: November 10, 2004. Pursuant to section 10(d) of the Name of Committee: Recombinant DNA LaVerne Y. Stringfield, Federal Advisory Committee Act, as Advisory Committee. Director, Office of Federal Advisory amended (5 U.S.C. Appendix 2), notice Date: December 16–17, 2004. Committee Policy. is hereby given of the following Time: 8:30 a.m. to 6 p.m. [FR Doc. 04–25575 Filed 11–17–04; 8:45 am] meeting. Agenda: Review of human gene transfer The meeting will be closed to the protocols for Development of effective BILLING CODE 4140–01–M public in accordance with the immunotherapy for prostate cancer patients and a Phase I clinical trial of rAAV2.5-CMV- provisions set forth in sections DEPARTMENT OF HEALTH AND 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., mini-dystrophin gene vector in Duchenne Muscular Dystrophy. The meeting includes HUMAN SERVICES as amended. The grant applications and the Data Management report and discussion the discussions could disclose of the draft Points to Consider from the National Institutes of Health confidential trade secrets or commercial September Safety Symposium. Please refer to property such as patentable material, the OBA–RAC web site for updates. Center for Scientific Review; Notice of and personal information concerning Place: Bethesda Marriott, 5151 Pooks Hill Closed Meetings individuals associated with the grant Road, Bethesda, MD 20814. applications, the disclosure of which Contact Person: Stephen M. Rose, PhD, Pursuant to section 10(d) of the would constitute a clearly unwarranted Executive Secretary, Office of Biotechnology Federal Advisory Committee Act, as invasion of personal privacy. Activities, National Institutes of Health, 6705 amended (5 U.S.C. Appendix 2), notice Rockledge Drive, Room 750, Bethesda, MD is hereby given of the following Name of Committee: National Institute of 20892, 301–496–9838, 301–496–9838, meetings. Diabetes and Digestive and Kidney Diseases [email protected]. The meetings will be closed to the Special Emphasis Panel, Membrane Any interested person may file written public in accordance with the Trafficking in Epithelial Cell Function. comments with the committee by forwarding provisions set forth in sections Date: December 9, 2004. the statement to the Contact Person listed on Time: 8:30 a.m. to 12:30 p.m. this notice. The statement should include the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Agenda: To review and evaluate grant name, address, telephone number and when as amended. The grant applications and applications. applicable, the business or professional the discussions could disclose Place: Crystal City Courtyard by Marriott, affiliation of the interested person. confidential trade secrets or commercial 2899 Jefferson Davis Highway, Arlington, VA Information is also available on the property such as patentable material, 22202. Institute’s/Center’s home page: http:// and personal information concerning Contact Person: Lakshmanan Sankaran, www4.od.nih.gov/oba/, where an agenda and individuals associated with the grant PhD, Scientific Review Administrator, any additional information for the meeting Review Branch, DEA, NIDDK, National applications, the disclosure of which will be posted when available. would constitute a clearly unwarranted Institutes of Health, Room 777, 6707 OMB’s ‘‘Mandatory Information Democracy Boulevard, Bethesda, MD 20892– Requirements for Federal Assistance Program invasion of personal privacy. 5452, (301) 594–7799, [email protected]. Announcements’’ (45 FR 39592, June 11, Name of Committee: Center for Scientific (Catalogue of Federal Domestic Assistance 1980) requires a statement concerning the Review Special Emphasis Panel ZRG1 EMNR Program Nos. 93.847, Diabetes, official government programs contained in Metabolism. Endocrinology and Metabolic Research; the Catalog of Federal Domestic Assistance. Date: November 15, 2004. 93.848, Digestive Diseases and Nutrition Normally NIH lists in its announcements the Time: 2 p.m. to 3:30 p.m.

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Agenda: To review and evaluate grant Name of Committee: Center for Scientific Contact Person: Priscilla B. Chen, PhD, applications. Review Special Emphasis Panel, Human Scientific Review Administrator, Center for Place: National Institutes of Health, 6701 Circadian Rhythms and Sleep. Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892, Date: November 30, 2004. Health, 6701 Rockledge Drive, Room 4104, (Telephone Conference Call). Time: 11:30 a.m. to 2 p.m. MSC 7814, Bethesda, MD 20892, (301) 435– Contact Person: Dennis Leszczynski, PhD, Agenda: To review and evaluate grant 1787, [email protected]. Scientific Review Administrator, Center for applications. Name of Committee: Center for Scientific Scientific Review, National Institutes of Place: National Institutes of Health, 6701 Review Special Emphasis Panel Etiology and Health, 6701 Rockledge Drive, Room 6170, Rockledge Drive, Bethesda, MD 20892, Burkitt’s Lymphoma. MSC 7892, Bethesda, MD 20892, (301) 435– (Telephone Conference Call). Date: December 21, 2004. 1044, [email protected]. Contact Person: Richard Marcus, PhD, Time: 10 a.m. to 12 p.m. This notice is being published less than 15 Scientific Review Administrator, Center for Agenda: To review and evaluate grant days prior to the meeting due to the timing Scientific Review, National Institutes of applications. limitations imposed by the review and Health, 6701 Rockledge Drive, Room 5168, Place: National Institutes of Health, 6701 funding cycle. MSC 7844, Bethesda, MD 20892, (301) 435– Rockledge Drive, Bethesda, MD 20892, 1245, [email protected]. Name of Committee: Center for Scientific (Telephone Conference Call). Review Special Emphasis Panel RPHB–B Name of Committee: Center for Scientific Contact Person: John C. Pugh, PhD, (04): Factors in Pulmonary Health. Review Special Emphasis Panel, ZRG1 SSS U Scientific Review Administrator, Center for Date: November 18, 2004. 03:Member Conflict BDPE. Scientific Review, National Institutes of Time: 1:30 p.m. to 2:30 p.m. Date: December 2, 2004. Health, 6701 Rockledge Drive, Room 3114, Agenda: To review and evaluate grant Time: 1 p.m. to 3 p.m. MSC 7808, Bethesda, MD 20892, (301) 435– applications. Agenda: To review and evaluate grant 2398, [email protected]. Place: National Institutes of Health, 6701 applications. (Catalogue of Federal Domestic Assistance Rockledge Drive, Bethesda, MD 20892, Place: National Institutes of Health, 6701 Program Nos. 93.306, Comparative Medicine; (Telephone Conference Call). Rockledge Drive, Bethesda, MD 20892, 93.333, Clinical Research, 93.306, 93.333, Contact Person: Karen Lechter, PhD, (Telephone Conference Call). 93.393–93.396, 93.837–93.844, 93.846– Scientific Review Administrator, Center for Contact Person: Marcia Steinberg, PhD, 93.878, 93.892, 93.893, National Institutes of Scientific Review, National Institutes of Scientific Review Administrator, Center for Health, HHS) Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3128, Dated: November 10, 2004. MSC 7759, Bethesda, MD 20892, (301) 496– Health, 6701 Rockledge Drive, Room 5130, LaVerne Y. Stringfield, 0726, [email protected]. MSC 7840, Bethesda, MD 20892, (301) 435– This notice is being published less than 15 1023, [email protected]. Director, Office of Federal Advisory days prior to the meeting due to the timing Name of Committee: Center for Scientific Committee Policy. limitations imposed by the review and Review Special Emphasis Panel, Host [FR Doc. 04–25571 Filed 11–17–04; 8:45 am] funding cycle. Immunity in Candida Pathogenesis. BILLING CODE 4140–01–M Name of Committee: Center for Scientific Date: December 3, 2004. Review Special Emphasis Panel Bacterial Time: 2 p.m. to 3:30 p.m. Transport. Agenda: To review and evaluate grant DEPARTMENT OF HEALTH AND Date: November 19, 2004. applications. HUMAN SERVICES Time: 11 a.m. to 12 p.m. Place: National Institutes of Health, 6701 Agenda: To review and evaluate grant Rockledge Drive, Bethesda, MD 20892, National Institutes of Health applications. (Telephone Conference Call). Place: National Institutes of Health, 6701 Contact Person: Melody Mills, PhD, Center for Scientific Review; Notice of Rockledge Drive, Bethesda, MD 20892, Scientific Review Administrator, Center for Closed Meetings (Telephone Conference Call). Scientific Review, National Institutes of Contact Person: Diane L. Stassi, PhD, Health, 6701 Rockledge Drive, Room 3204, Pursuant to section 10(d) of the Scientific Review Administrator, Center for MSC 7808, Bethesda, MD 20892, (301) 435– Federal Advisory Committee Act, as Scientific Review, National Institutes of 0903, [email protected]. amended (5 U.S.C. Appendix 2), notice Health, 6701 Rockledge Drive, Room 3202, Name of Committee: Center for Scientific is hereby given of the following MSC 7808, Bethesda, MD 20892, (301) 435– Review Special Emphasis Panel, meetings. 2514, [email protected]. Pathophysiological Role of Adenylyl Cyclas The meetings will be closed to the This notice is being published less than 15 Isoforms. days prior to the meeting due to the timing Date: December 3, 2004. public in accordance with the limitations imposed by the review and Time: 3 p.m. to 4 p.m. provisions set forth in sections funding cycle. Agenda: To review and evaluate grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: Center for Scientific applications. as amended. The grant applications and Review Special Emphasis Panel Member Place: National Institutes of Health, 6701 the discussions could disclose Conflicts in Affect and Cognition. Rockledge Drive, Bethesda, MD 20892, confidential trade secrets or commercial Date: November 22, 2004. (Telephone Conference Call). property such as patentable material, Time: 4 p.m. to 6:30 p.m. Contact Person: Anshumali Chaudhari, and personal information concerning Agenda: To review and evaluate grant PhD, Scientific Review Administrator, Center individuals associated with the grant applications. for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4124, applications, the disclosure of which Place: National Institutes of Health, 6701 would constitute a clearly unwarranted Rockledge Drive, Bethesda, MD 20892, MSC 7802, Bethesda, MD 20892, (301) 435– (Telephone Conference Call). 1210, [email protected]. invasion of personal privacy. Contact Person: Luci Roberts, PhD, Name of Committee: Center for Scientific Name of Committee: Center for Scientific Scientific Review Administrator, Center for Review Special Emphasis Panel Craniofacial Review Special Emphasis Panel TCR Gene Scientific Review, National Institutes of Development. Rearrangement. Health, 6701 Rockledge Drive, Room 3188, Date: December 8, 2004. Date: November 15, 2004. MSC 7848, Bethesda, MD 20892, (301) 435– Time: 10 a.m. to 1 p.m. Time: 11:30 a.m. to 12:30 p.m. 0692, [email protected]. Agenda: To review and evaluate grant Agenda: To review and evaluate grant This notice is being published less than 15 applications. applications. days prior to the meeting due to the timing Place: National Institutes of Health, 6701 Place: National Institutes of Health, 6701 limitations imposed by the review and Rockledge Drive, Bethesda, MD 20892, Rockledge Drive, Bethesda, MD 20892, funding cycle. (Telephone Conference Call). (Telephone Conference Call).

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Contact Person: Betty Hayden, PhD, Time: 2 p.m. to 3 p.m. of automated collection techniques or Scientific Review Administrator, Center for Agenda: To review and evaluate grant other forms of information technology. Scientific Review, National Institutes of applications. Health, 6701 Rockledge Drive, Room 4206, Place: National Institutes of Health, 6701 Proposed Project: Access to Recovery MSC 7812, Bethesda, MD 20892, 301–435– Rockledge Drive, Bethesda, MD 20892, (ATR) Program—New 1223, [email protected]. (Telephone Conference Call). This notice is being published less than 15 Contact Person: Richard G. Kostriken, PhD, In preparation for implementing days prior to the meeting due to the timing Scientific Review Administrator, Center for Performance Partnership Grants, limitations imposed by the review and Scientific Review, National Institutes of SAMHSA has developed a set of funding cycle. Health, 6701 Rockledge Drive, Room 3184, performance outcome measures for Name of Committee: Center for Scientific MSC 7808, Bethesda, MD 20892, 301–402– substance abuse treatment that cover Review Special Emphasis Panel Anaplasma 4454, [email protected]. seven domains. The domains are: Regulation of Granulocytes. (Catalogue of Federal Domestic Assistance Abstinence from drug use and alcohol Date: November 29, 2004. Program Nos. 93.306, Comparative Medicine; abuse, or decreased mental illness Time: 1 p.m. to 2 p.m. 93.333, Clinical Research, 93.306, 93.333, symptomatology; increased or retained Agenda: To review and evaluate grant 93.337, 93.393–93.396, 93.837–93.844, employment and school enrollment; applications. 93.846–93.878, 93.892, 93.893, National decreased involvement with the Institutes of Health, HHS) Place: National Institutes of Health, 6701 criminal justice system; increased Rockledge Drive, Bethesda, MD 20892, stability in family and living conditions; (Telephone Conference Call). Dated: November 10, 2004. Contact Person: Richard G. Kostriken, PhD, LaVerne Y. Stringfield, increased access to services; increased Scientific Review Administrator, Center for Director, Office of Federal Advisory retention in services for substance abuse Scientific Review, National Institutes of Committee Policy. treatment or decreased utilization of Health, 6701 Rockledge Drive, Room 3184, [FR Doc. 04–25572 Filed 11–17–04; 8:45 am] psychiatric inpatient beds for mental MSC 7808, Bethesda, MD 20892, 301–402– health treatment; and increased social BILLING CODE 4140–01–M 4454, [email protected]. connectedness to family, friends, co- This notice is being published less than 15 workers and classmates. days prior to the meeting due to the timing DEPARTMENT OF HEALTH AND SAMHSA’s Center for Substance limitations imposed by the review and Abuse Treatment (CSAT), is responsible funding cycle. HUMAN SERVICES for implementing the new Access to Name of Committee: Center for Scientific Substance Abuse and Mental Health Recovery (ATR) grant program. States Review Special Emphasis Panel Protein Services Administration Structure and Function. funded in the ATR program will use these outcome measures to meet the Date: December 1, 2004. Agency Information Collection Time: 1:30 p.m. to 3:30 p.m. reporting requirements of the Activities: Submission for OMB Government Performance and Results Agenda: To review and evaluate grant Review; Comment Request applications. Act (GPRA) by quantifying the effects Place: National Institutes of Health, 6701 In compliance with Section and accomplishments of the funded Rockledge Drive, Bethesda, MD 20892, 3506(c)(2)(A) of the Paperwork programs. The ATR Program is part of (Telephone Conference Call). Reduction Act of 1995 concerning a Presidential initiative to: (1) Provide Contact Person: Richard Panniers, PhD, opportunity for public comment on client choice among substance abuse Scientific Review Administrator, Center for clinical treatment and recovery support Scientific Review, National Institutes of proposed collections of information, the Substance Abuse and Mental Health service providers, (2) expand access to Health, 6701 Rockledge Drive, Room 2212, a comprehensive array of clinical MSC 7890, Bethesda, MD 20892, (301) 435– Services Administration will publish 1741, [email protected]. periodic summaries of proposed treatment and recovery support options (including faith-based programmatic Name of Committee: Center for Scientific projects. To request more information options), and (3) increase substance Review Special Emphasis Panel on the proposed projects or to obtain a Immunobiology of Human Basophils. copy of the information collection abuse treatment capacity. Monitoring Date: December 8, 2004. plans, call the SAMHSA Reports outcomes, tracking costs, and Time: 1 p.m. to 2 p.m. Clearance Officer on (240) 276–1243. preventing waste, fraud and abuse to Agenda: To review and evaluate grant Comments are invited on: (a) Whether ensure accountability and effectiveness applications. the proposed collections of information in the use of Federal funds are also Place: National Institutes of Health, 6701 are necessary for the proper important elements of the ATR program. Rockledge Drive, Bethesda, MD 20892, performance of the functions of the Grantees, as a contingency of their (Telephone Conference Call). agency, including whether the award, are responsible for collecting Contact Person: Samuel C. Edwards, PhD, information shall have practical utility; data from their clients at intake, Scientific Review Administrator, Center for (b) the accuracy of the agency’s estimate discharge, at 30 days after intake, and Scientific Review, National Institutes of every two months during an episode of Health, 6701 Rockledge Drive, Room 4200, of the burden of the proposed collection MSC 7812, Bethesda, MD 20892, 301–435– of information; (c) ways to enhance the care. An episode of care is defined as a 1152, [email protected]. quality, utility, and clarity of the client’s entry to and exit from the ATR. Name of Committee: Center for Scientific information to be collected; and (d) The following tables summarize the Review Special Emphasis Panel, Inactivation ways to minimize the burden of the annual response burden for the ATR of Prions. collection of information on activities using the performance Date: December 8, 2004. respondents, including through the use outcome measures.

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ATR PROGRAM

Responses Annual Data collection point Number of per Hours per burden respondents respondent response hours

Client Interviews: ATR Intake ...... 42,095 1 0.33 13,891 Those still in treatment at: Discharge/30 day interview* ...... 42,095 1 0.33 13,891 3 months ...... 28,625 1 0.33 9,446 5 months ...... 22,732 1 0.33 7,502 7 months ...... 18,101 1 0.33 5,973 9 months ...... 15,155 1 0.33 5,001 11 months ...... 11,787 1 0.33 3,890 12+ months ...... 7,999 1 0.33 2,640

Client Total ...... 42,095 62,234 Record Management by Provider Staff: Sections A & G at 30 days, 3, 5, 7, 9, 11 and 12+ months ...... † 146,494 1 .1 14,649 Voucher Information ...... 42,095 1.5 .03 1,894 States—15: State extract & upload ...... 15 4 .03 2

Total ...... 42,095 78,779 * The ATR interview will be administered every 2 months beginning at 30 days. It is assumed that those who are discharged at 30 days or less will receive an intake and discharge interview only and are included in the number in the first two rows. The number of respondents who are still in treatment by month is based on experience with CSAT’s GPRA services data. † Clients.

Send comments to Summer King, at the Department level. Hence, Division of Operational Support (MBH) SAMHSA Reports Clearance Officer, reference to the SADBU function has (1) Provides centralized Room 7–1045, 1 Choke Cherry Road, been deleted from the DOS functional administrative services for the Agency, Rockville, MD 20850. Written comments statement. The changes are as follows: including processing and coordinating should be received by January 18, 2005. Section M.20, Functions is amended requests for and providing advice on Patricia S. Bransford, as follows: procurement actions, travel, property, Acting Executive Officer, SAMHSA. (A) The functional statements for the facilities, and other activities; (2) Office of Program Services (OPS) and coordinates actions as necessary with [FR Doc. 04–25539 Filed 11–17–04; 8:45 am] other HHS components such as the BILLING CODE 4162–20–P the Division of Operational Support (DOS) within OPS is replaced with the Program Support Center (PSC) following: procurement staff and the contract DEPARTMENT OF HEALTH AND travel agency; (3) processes and coordinates requests for SAMHSA HUMAN SERVICES Office of Program Services (MB) administrative actions; (4) provides (1) Works in partnership with other advice and guidance to staff on Substance Abuse and Mental Health SAMHSA and HHS components in Services Administration administrative procedures for managing, providing leadership, and processing actions such as travel orders, Statement of Organization, Functions, ensuring SAMHSA’s needs are met in acquisition requests, and training and Delegations of Authority the following service areas: Grant and documents; (5) ensures administrative contract application review, grants and actions are consistent with regulations Part M of the Substance Abuse and contracts management, administrative and other requirements, and Mental Health Services Administration services, human resources management, implements general management (SAMHSA) Statement of Organization, equal employment opportunity, policies as prescribed by SAMHSA and Functions, and Delegations of Authority organizational development and higher authorities; (6) coordinates the for the Department of Health and analysis, and information technology; provision of support in the areas of real Human Services at 69 FR 60891, is (2) provides leadership in the and personal property, building amended to reflect the new functional development of policies for and the management, facility management, statement for the Office of Program analysis, performance measurement, health and safety, security, Services (OPS) and the Division of and improvement of SAMHSA transportation, parking, and Operational Support (DOS). This administrative and management telecommunications; (7) in collaboration amendment reflects the decision that systems; (3) provides leadership, with the Division of Financial the Most Efficient Organization (MEO) guidance, and technical expertise for the Management in the Office of Policy, that is being established as a result of Agency’s information technology Planning, and Budget, performs budget SAMHSA’s FY 2004 competitive program; (4) provides centralized execution tasks such as certifying funds, sourcing study will be located within administrative services for the Agency; maintaining the commitment database, DOS/OPS. In addition, this amendment (5) provides centralized staff assistance and reconciling accounts for program reflects the Office of the Secretary’s and office automation services for management for SAMHSA; (8) decision to consolidate responsibility designated components of the Agency, coordinates and complies with policies for administration of the Small and and (6) conducts all aspects of the and procedures set forth by the Division Disadvantaged Business Utilization SAMHSA grants and contracts of Financial Management for budget (SADBU) program within a single office management process. execution, and (9) provides centralized

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staff assistance and office automation animals include the Conservancy fairy FOR FURTHER INFORMATION CONTACT: services for designated components of shrimp (Branchinecta conservatio), Harry McQuillen or Betty Warne, Fish the agency. longhorn fairy shrimp (Branchinecta and Wildlife Biologists, at the above Section M.40, Delegations of longiantenna), and vernal pool tadpole Sacramento address. Authority. All delegations and shrimp (Lepidurus packardi). Federally SUPPLEMENTARY INFORMATION: redelegations of authority to officers and threatened animals include the vernal employees of SAMHSA which were in pool fairy shrimp (Branchinecta lynchi) Background effect immediately prior to the effective and delta green ground beetle (Elaphrus Restoring endangered or threatened date of this reorganization shall viridis). The portions of the plan dealing animals and plants to the point where continue in effect pending further with the delta green ground beetle and they are again secure, self-sustaining redelegations, providing they are Solano grass are a revision of the 1985 members of their ecosystems is a consistent with the reorganization. Delta Green Ground Beetle and Solano primary goal of our endangered species These organizational changes are Grass Recovery Plan. program. To help guide the recovery effective November 3, 2004. The draft recovery plan addresses effort, we are working to prepare recovery plans for most of the listed Charles G. Curie, conservation of 10 plant species of species native to the United States. Administrator. concern, including Astragalus tener var. Recovery plans describe actions ferrisiae (Ferris’ milk vetch), Astragalus [FR Doc. 04–25538 Filed 11–17–04; 8:45 am] considered necessary for the tener var. tener (alkali milk vetch), BILLING CODE 4160–01–P conservation of the species, establish Atriplex persistens (persistent-fruited criteria for downlisting or delisting saltscale), Eryngium spinosepalum listed species, and estimate time and (spiny-sepaled button-celery), Gratiola DEPARTMENT OF THE INTERIOR cost for implementing the recovery heterosepala (Boggs Lake hedge- measures needed. Fish and Wildlife Service hyssop), Juncus leiospermus var. ahartii The Endangered Species Act of 1973, (Ahart’s dwarf rush), Legenere limosa Draft Recovery Plan for Vernal Pool as amended (16 U.S.C. 1531 et seq.) (legenere), Myosurus minimus var. apus (Act), requires the development of Ecosystems of California and Southern (little mouse tail), Navarretia myersii Oregon recovery plans for listed species unless ssp. deminuta (pincushion navarretia), such a plan would not promote the AGENCY: U.S. Fish and Wildlife Service, and Plagiobothrys hystriculus (bearded conservation of a particular species. Interior. popcorn flower). The three animal Section 4(f) of the Act as amended in species of concern addressed in the ACTION: Notice of document availability 1988 requires that public notice and an for review and comment. draft recovery plan include the mid- opportunity for public review and valley fairy shrimp (Branchinecta comment be provided during recovery SUMMARY: The U.S. Fish and Wildlife mesovallensis), California fairy shrimp plan development. We will consider all Service (we) announces the availability (Linderiella occidentalis), and western information presented during the public of the Draft Recovery Plan for Vernal spadefoot toad (Spea hammondii). comment period prior to approval of Pool Ecosystems of California and DATES: Comments on the draft recovery each new or revised recovery plan. Southern Oregon for public review and plan must be received on or before Substantive technical comments will comment. This draft recovery plan March 18, 2005. result in changes to the plan as covers 33 species, of which 20 are appropriate. Substantive comments federally listed as threatened or ADDRESSES: A copy of the draft recovery regarding recovery plan implementation endangered. These species inhabit plan is available for review, by may not necessarily result in changes to vernal pool ecosystems in California appointment, during normal business the recovery plan, but will be forwarded and southern Oregon. This draft hours at the following U.S. Fish and to appropriate Federal or other entities recovery plan includes recovery criteria Wildlife Service locations: Sacramento so that they can take these comments and measures for 20 federally listed Fish and Wildlife Office, 2800 Cottage into account during the course of species. Federally endangered plants Way, Room W–2605, Sacramento, implementing recovery actions. include Eryngium constancei (Loch California (telephone (916) 414–6600); Individual responses to comments will Lomond button-celery), Lasthenia Carlsbad Fish and Wildlife Office, 6010 not be provided. conjugens (Contra Costa goldfields), Hidden Valley Road, Carlsbad, The 33 species covered in this draft Limnanthes floccosa ssp. californica California (telephone (760) 431–9440); recovery plan occur primarily in vernal (Butte County meadowfoam), Navarretia Ventura Fish and Wildlife Office, 2493 pool, swale, or ephemeral freshwater leucocephala ssp. pauciflora (few- Portola Road, Suite B, Ventura, habitats within California and southern flowered navarretia), Navarretia California (telephone (805) 644–1766); Oregon and are largely confined to a leucocephala ssp. plieantha (many- Southwest Oregon Field Office, 2900 limited area by topographic constraints, flowered navarretia), Orcuttia pilosa NW., Stewart Parkway, Roseburg, soil types, and climatic conditions. (hairy Orcutt grass), Orcuttia viscida Oregon (telephone (541) 957–3473); and Surrounding (or associated) upland (Sacramento Orcutt grass), Parvisedum Arcata Fish and Wildlife Office, 1655 habitat is critical to the proper leiocarpum (Lake County stonecrop), Heindon Road, Arcata, California ecological function of these vernal pool Tuctoria greenei (Greene’s tuctoria), and (telephone (707) 822–7201. An habitats. Most of the vernal pool plants Tuctoria mucronata (Solano grass). electronic copy of this draft recovery and animals addressed in the draft Federally threatened plants include plan is also available on the World Wide recovery plan have life histories adapted Castilleja campestris ssp. succulenta Web at http://pacific.fws.gov/ to the short period for growth and (fleshy owl’s clover), Chamaesyce ecoservices/endangered/recovery/ reproduction within inundated or hooveri (Hoover’s spurge), Neostapfia plans.html and http:// drying pools interspersed with long colusana (Colusa grass), Orcuttia endangered.fws.gov/recovery/ dormant periods when pools are dry, inaequalis (San Joaquin Valley Orcutt index.html#plans. Printed copies of the and extreme year-to-year variation in grass), and Orcuttia tenuis (slender draft recovery plan will be available for rainfall. Threats to the species include Orcutt grass). Federally endangered distribution in 4 to 6 weeks. habitat loss, fragmentation, and

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degradation due to urban development, SUMMARY: The U.S. Fish and Wildlife requires that public notice and an recreation, agricultural conversion and Service (we) announces the availability opportunity for public review and practices, and altered hydrology; non- of the Draft Recovery Plan for the comment be provided during recovery native invasive species; inadequate Tidewater Goby (Eucyclogobius plan development. We will consider all regulatory mechanisms; incompatible newberryi) for public review and information presented during the public grazing regimes; and stochastic events. comment. The tidewater goby is a small comment period prior to approval of All species covered in the draft recovery fish that inhabits coastal brackish water each new or revised recovery plan. plan primarily are threatened by the habitats entirely within California, Substantive technical comments will loss, fragmentation, or degradation of ranging from Tillas Slough (mouth of result in changes to the plan as vernal pool habitat throughout the the Smith River, Del Norte County) near appropriate. Substantive comments following areas: the Central Valley of the Oregon border south to Agua regarding recovery plan implementation California, the southern Sierra foothills, Hedionda Lagoon (northern San Diego may not necessarily result in changes to the Carrizo Plain, portions of the Coast County). This draft recovery plan the recovery plan, but will be forwarded Ranges, the Modoc Plateau, the describes the status, current to appropriate Federal or other entities Transverse Ranges, Los Angeles, and management, recovery objectives and so that they can take these comments San Diego areas of California, and the criteria, and specific actions needed to into account during the course of Klamath Mountains region in Oregon. reclassify the tidewater goby from implementing recovery actions. Therefore, areas currently, historically, endangered to threatened, and to Individual responses to comments will or potentially occupied by the species ultimately delist it. We solicit review not be provided. are recommended for habitat protection and comment from local, State, and and/or special management Federal agencies, and the public on this This draft recovery plan was considerations. draft recovery plan. developed by the Tidewater Goby Recovery Team. We coordinated with The objectives of this draft recovery DATES: Comments on the draft recovery the California Department of Fish and plan are to: (1) Ameliorate the threats plan must be received on or before Game and a team of stakeholders, which that caused the species to be listed, and January 18, 2005 to receive our included landowners and managers, ameliorate any other newly identified consideration. threats in order to be able to delist these agency representatives, and non- ADDRESSES: A copy of the draft recovery species; and (2) ensure the long-term government organizations. plan is available for review, by conservation of the species of concern. The tidewater goby was listed as an appointment, during normal business These objectives will be accomplished endangered species on March 7, 1994 hours at the following location: U.S. through implementation of a variety of (59 FR 5494). The tidewater goby is Fish and Wildlife Service, Ventura Fish recovery measures including habitat threatened primarily by modification and Wildlife Office, 2493 Portola Road, protection, management and restoration; and loss of habitat as a result of coastal Suite B, Ventura, California 93003 monitoring; reintroduction, development, channelization of habitat, (telephone 805–644–1766). An introduction, and enhancement; electronic copy of the draft recovery diversions of water flows, groundwater research and status surveys; and public plan is also available on the World Wide overdrafting, and alteration of water participation, outreach, and education. Web at http://pacific.fws.gov/ flows. Actions needed to recover the tidewater goby include: (1) Monitor, Public Comments Solicited ecoservices/endangered/recovery/ plans.html and http:// protect, and enhance currently occupied We solicit written comments on the tidewater goby habitat; (2) conduct draft recovery plan described. All endangered.fws.gov/recovery/ index.html#plans. Printed copies of the biological research to enhance the comments received by the date specified ability to integrate land use practices above will be considered in developing draft recovery plan will be available for distribution in 4 to 6 weeks. with tidewater goby recovery and revise a final recovery plan. recovery tasks as pertinent new FOR FURTHER INFORMATION CONTACT: information becomes available; (3) Authority Chris Dellith, Fish and Wildlife evaluate and implement translocation Biologist, at the above Sacramento The authority for this action is section where appropriate; and (4) increase address. 4(f) of the Endangered Species Act, 16 public awareness about tidewater U.S.C. 1533(f). SUPPLEMENTARY INFORMATION: gobies. Dated: October 21, 2004. Background Paul Henson, Public Comments Solicited Manager, California/Nevada Operations Restoring endangered or threatened animals and plants to the point where We solicit written comments on the Office, Region 1, U.S. Fish and Wildlife draft recovery plan described. All Service. they are again secure, self-sustaining members of their ecosystems is a comments received by the date specified [FR Doc. 04–25540 Filed 11–17–04; 8:45 am] above will be considered in developing BILLING CODE 4310–55–P primary goal of our endangered species program. To help guide the recovery a final recovery plan. effort, we are working to prepare Authority DEPARTMENT OF THE INTERIOR recovery plans for most of the listed species native to the United States. The authority for this action is section Fish and Wildlife Service Recovery plans describe actions 4(f) of the Endangered Species Act, 16 considered necessary for the U.S.C. 1533(f). Draft Recovery Plan for the Tidewater conservation of the species; establish Dated: October 20, 2004. Goby (Eucyclogobius newberryi) criteria for the recovery levels for Vicki L. Campbell, AGENCY: Fish and Wildlife Service, downlisting or delisting them, and Manager, California/Nevada Operations Interior. estimate time and cost for implementing the recovery measures needed. Office, U.S. Fish and Wildlife Service. ACTION: Notice of document availability Section 4(f) of the Endangered Species [FR Doc. 04–25541 Filed 11–17–04; 8:45 am] for review and comment. Act (Act) (16 U.S.C. 1531 et seq.) BILLING CODE 4310–55–P

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DEPARTMENT OF THE INTERIOR T. 27 S., R. 72 W. However, collaboration with the public Section 13: SE1⁄4SE1⁄4 will continue throughout the planning Bureau of Land Management Section 23: E1⁄2SE1⁄4 except those lands process. Dates and locations for public lying west of Huerfano County Road 580 meetings will be announced through [CO–200–1770–MA] Section 24: E1⁄2NE1⁄4, SW1⁄4NE1⁄4, local news media, newsletters, and the SE1⁄4NW1⁄4, S1⁄2 Notice of Closure of Public Lands to Section 25: N1⁄2NE1⁄4, SE1⁄4NE1⁄4, BLM Web site (http://www.nm.blm.gov), Motorized Vehicle Travel on Public NW1⁄4NW1⁄4, S1⁄2 at least 15 days prior to the event. Lands Section 26: NE1⁄4NE1⁄4, SE1⁄4 ADDRESSES: Please mail written This closure order does not apply to comments to the BLM, Roswell Field AGENCY: Bureau of Land Management; Office, Attention: RMPA, 2909 West Interior. emergency, law enforcement, and Federal or other government vehicles Second Street, Roswell, New Mexico ACTION: Notice of closure. while being used for official or other 88201, or fax to (505) 627–0276. All public comments, including names and SUMMARY: Notice is hereby given that emergency purposes, or to any other mailing addresses of respondents, will effective immediately certain public vehicle use that is expressly authorized be available for public review at the lands in southwestern Huerfano County, or otherwise officially approved by Roswell Field Office during regular Colorado are closed to all types of BLM. BLM will coordinate with the business hours (7:45 a.m. to 4:30 p.m.) motorized travel. The purpose of this Colorado Division of Wildlife, United Monday through Friday, except closure is to prevent the development of States Forest Service, and Huerfano County to implement this closure. holidays, and may be published as part unauthorized user-created trails, of the EIS. Individual respondents may damage to soils and vegetation, adverse Violation of this order is punishable by imprisonment for up to 12 months and/ request confidentiality. If you wish to impacts to water quality, and wildlife withhold your name or street address harassment. Approximately 4,600 acres or a fine as defined in 18 U.S.C. 3571. Notice of this closure order and a from public review or from disclosure of public lands are affected by this under the Freedom of Information Act, closure. It should be noted that there is detailed map will be posted at the Royal Gorge Field Office. please state this prominently at the no existing legal motorized public beginning of your written access to these public lands. These Roy L. Masinton, correspondence. The BLM will honor lands will remain closed until travel Field Manager. such requests to the extent allowed by management planning is completed. [FR Doc. 04–25616 Filed 11–17–04; 8:45 am] law. All submissions from organizations This closure is made under the BILLING CODE 4310–JB–P and businesses, and from individuals authority of 43 CFR 8364.1. identifying themselves as DATES: Effective immediately and representatives or officials of remaining in effect unless revised, DEPARTMENT OF THE INTERIOR organizations or businesses, will be revoked or amended. available for public inspection in their ADDRESSES: Bureau of Land Bureau of Land Management entirety. The current RMPs and all other Management, Royal Gorge Field Office, [NM–060–1610–DO] documents relevant to this planning 3170 East Main Street, Can˜ on City, process are available for public review Colorado 81212; telephone 719–269– Notice of Intent To Prepare a Resource at the Roswell Field Office (see address 8500. Management Plan Amendment (RMPA) above). FOR FURTHER INFORMATION CONTACT: For and Associated Environmental Impact FOR FURTHER INFORMATION CONTACT: For further information contact, Roy L. Statement (EIS) further information or to have your Masinton, Field Manager, or Leah AGENCY: Bureau of Land Management name added to the Special Status Quesenberry, Outdoor Recreation (BLM), Interior. Species RMPA Mailing List, contact Howard Parman, Planning Team Leader, Planner, at the above address and phone ACTION: Notice of Intent to prepare a at the Roswell Field Office (see address number. Special Status Species RMPA and EIS above), telephone number (505) 627– SUPPLEMENTARY INFORMATION: The for the Carlsbad and Roswell Field 0272. public lands affected by this closure are Offices, New Mexico. identified as follows: SUPPLEMENTARY INFORMATION: The SUMMARY: This document provides planning area for the RMPA, which Huerfano County, Colorado, Sixth Principal notice that the BLM intends to prepare Meridian includes 847,491 acres of BLM- a RMPA with an associated EIS for the administered public lands, is located Southern portion of the Wet Mountain Carlsbad and Roswell Field Offices. entirely in southeast New Mexico in Valley, located approximately 12 miles This RMPA will amend two RMPs: southwest of Gardner, Colorado, east of Chaves, Eddy, Lea, and Roosevelt County Road 580. Carlsbad 1988 (as amended) and Counties. A map of the planning area is Roswell 1997. The purpose of the T. 27 S., R. 71 W. available on the web site (see address amendment is to respond to changing Section 18: Lots 3 and 4, SE1⁄4NW1⁄4, above). The planning area includes all 1 1 1 1 1 1 resource conditions and respond to new E ⁄2SW ⁄4, W ⁄2SE ⁄4, SE ⁄4SE ⁄4 surface and subsurface (mineral estate) Section 19: All issues in the context of habitat lands managed by BLM within the Section 20: SW1⁄4NE1⁄4, W1⁄2NW1⁄4, management for special status species planning area. SE1⁄4NW1⁄4, S1⁄2 on public lands in the planning area The BLM-administered public lands Section 21: S1⁄2SW1⁄4 administered by the Field Offices. within the planning area are currently 1 1 Section 27: W ⁄2SW ⁄4 DATES: This Notice initiates the public- managed under interim management 1 1 1 1 1 Section 28: N ⁄2NE ⁄4, SW ⁄4NE ⁄4, NW ⁄4, scoping process. Comments on the guidelines issued on August 5, 2004. S1⁄2 Section 29: All scope of the plan, including issues or Interim management is in accordance Section 30: All concerns that should be considered, with the decisions in the 1988 Carlsbad Section 32: NE1⁄4 should be submitted in writing to the RMP, as amended, and the 1997 Roswell Section 33: N1⁄2NW1⁄4, S1⁄2N1⁄2, S1⁄2 address listed below within 45 days RMP. BLM will continue to manage Section 34: SW1⁄4 after the publication of this Notice. these lands in accordance with the

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interim management guidelines until and economic data for the planning • The RMPA will comply with all the RMPA is completed and a Record of process. EPS will provide a foundation legal mandates of the Federal Land Decision is signed. of current social and economic Policy and Management Act of 1976, the Preparation of a RMPA for the conditions in the Planning Area. National Environmental Policy Act of Carlsbad and Roswell Field Offices is Following this, as planning alternatives 1969, the Federal Advisory Committee necessary to respond to changing are developed, a social and economic Act, the Administrative Procedures Act, resource conditions and respond to new analysis and environmental justice and the BLM planning regulations in 43 issues in the context of habitat assessment will be conducted to CFR part 1600. management for special status species determine the effect that each The collaborative process will allow on public lands in the planning area alternative will have on users and the the public, Tribes, State and Federal administered by the Field Offices. The diverse population in the Planning agencies, local elected officials, and RMPA will establish new land-use Area. The analysis will consider the BLM specialists to participate in planning decisions to address issues short- and long-term social and identifying issues and developing and identified through public scoping and, economic benefits associated with analyzing alternatives. BLM has asked where appropriate, will incorporate possible alternatives. The lifestyles, the New Mexico State Land Office; the decisions from the existing RMPs. issues, and needs of area residents will New Mexico Department of Game and The BLM will work collaboratively be taken into consideration. Other Fish; and Chaves, Eddy, Lea, and with interested parties to identify the important factors to be considered will Roosevelt Counties to serve as management decisions that are best be the needs and long-term plans of cooperating agencies during the suited to local, regional, and National local city, county, and Tribal planning process. interests. The public scoping process governments. Short-term consequences Dated: September 28, 2004. will help identify planning issues and will be weighed against long-term Jesse J. Juen, provide for public comment on the benefits as necessary. The impacts on proposed planning criteria. BLM has both the general population and affected Acting New Mexico State Director. identified the following preliminary subgroups within the planning area will [FR Doc. 04–25617 Filed 11–17–04; 8:45 am] issues: be determined. BILLING CODE 4310–GG–P • Integrating wildlife habitat • Actions will be considered using an management with livestock grazing interdisciplinary approach. DEPARTMENT OF THE INTERIOR management. • The Roswell/Carlsbad RMPA • Minimizing surface disturbance planning team will work cooperatively associated with energy development. Bureau of Land Management • with county and municipal Utilizing existing rights-of-way governments, other Federal, State and corridors for energy distribution; [CO–100–1610–DO] • local agencies, and interested groups Developing route designations to and individuals. A process of manage access, travel, and off-highway Notice of Intent To Prepare a Resource collaborative public involvement and Management Plan and Associated vehicles to protect wildlife habitat. participation will be carried out • Proposing land tenure and Environmental Impact Statement for throughout this process. ownership adjustments for greater the Little Snake Field Office • The RMPA will change or modify management efficiency; • Regional coordination with state the guidance upon which the Field AGENCY: Bureau of Land Management; and local agencies for more effective Offices will manage public lands within Interior. the planning area. ACTION: Notice of intent. management in the planning area. • • These preliminary issues are not The planning process will include final and may be refined or additional an EIS that complies with National SUMMARY: This document provides issues may be added through public Environmental Policy Act standards. notice that the Bureau of Land • participation. The RMPA will protect and Management (BLM) intends to prepare BLM has also identified some enhance the biodiversity of the planning an Resource Management Plan (RMP) preliminary planning criteria to guide area, while allowing the public the and associated Environmental Impact development of the plan, to avoid opportunity for access to public lands in Statement (EIS) for the Little Snake unnecessary data collection and a productive and meaningful way. Field Office. The planning area is analysis, and to ensure the plan is • The RMPA will recognize valid located in Northwest Colorado in tailored to the issues. These criteria may existing rights related to the use of Moffat, Routt, and Rio Blanco Counties. be modified or other criteria identified public lands. The RMPA will define the The plan will provide a framework to during the public-scoping process. The process that BLM will use to address guide subsequent management public is invited to comment on the applications or notices filed after the decisions on approximately 1.3 million following preliminary planning criteria: completion of the RMPA on existing acres of BLM-administered public lands • Actions must comply with laws, land-use authorizations. and 1.1 million acres of subsurface regulations, executive orders, and BLM • The RMPA process will involve mineral estate administered by the BLM. Manuals (i.e., supplemental program Native American Tribal governments Preparation of this RMP and EIS will guidance). and will provide strategies for conform with the Federal Land Policy • Actions must be reasonable and protection of cultural resources and and Management Act (FLPMA), the achievable and allow for flexibility traditional cultural properties on public National Environmental Policy Act where appropriate (i.e., adaptive lands. (NEPA), Federal Regulations, and BLM management will be incorporated into • Decisions in the RMPA will strive management policies. The BLM will the RMPA). to be compatible with existing plans and work collaboratively with a broad range • The Economic Profile System (EPS) policies of adjacent local, State, and of interested parties to identify developed by the Sonoran Institute will Federal Governments and agencies, as management decisions that are best be used as a community involvement long as the decisions are in conformance suited to local, regional, and national strategy and a source of demographic with BLM-management policies. needs and concerns.

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DATES: This notice initiates the public the Uniform Format for Oil and Gas Decisions in the plan will strive to be scoping process. Comments on the Lease Stipulations. This notice provides compatible with the existing plans and scope of the plan, including issues or the public an opportunity to suggest policies of adjacent local, State and concerns that should be considered, issues, concerns, needs, and resource Federal agencies as long as the decisions should be submitted in writing to the use, development and protection are in conformance with Federal laws address listed below and will be opportunities for consideration in and regulations. The plan will recognize accepted throughout the creation of the preparation of the plan. A number of valid existing rights. Draft RMP/Draft EIS. All public decisions related to various resource • Complete the planning work on meetings will be announced through the values and programs will be made as a time and on budget. Focus the local news media, newsletters, and the result of this planning effort. The major collaborative effort so that the BLM Web site at http://www.co.blm.gov/ issues identified to date include (1) collaborators can see that they make a lsra/rmp. Management of upland vegetation; (2) difference, within a timeframe that is ADDRESSES: Please mail written management of riparian areas and water reasonable and achievable. • comments to the BLM, Little Snake quality concerns; (3) energy and mineral Recognize the specific niche that Field Office, 455 Emerson St., Craig, development; (4) special management federal lands provide both to the nation Colorado, 81625 or fax to (970) 826– areas; (5) recreation management; (6) and to the surrounding community. A 5002. Comments should be sent to the travel management; (7) cultural successful plan will be one that is above address or may be sent by resources and paleontology and Native responsive to both national needs and American concerns; (8) management of community needs. electronic mail (e-mail) to • [email protected]. Comments submitted wildlife, including conservation and Public participation will be during this planning process, including recovery of special status species; (9) encouraged throughout the process as names and street addresses of socio-economic values; and (10) land per the attached Public Participation respondents will be available for public and realty issues. Plan. Collaborate and build review at the Little Snake Field Office In addition to the major issues, a relationships with tribes, state and local during regular business hours 7:45 a.m. number of management questions and governments, federal agencies, local to 4:30 p.m., Monday through Friday, concerns will be addressed in the plan. stakeholders and others in the except holidays. Individual respondents Issues and management concerns may community of interest of the plan as may request confidentiality. If you wish be identified by interested parties normal business. Collaborators are to withhold your name and address during the scoping phase. After regularly informed and offered timely from public review or disclosure under gathering public comments on what and meaningful opportunities to the Freedom of Information Act, you issues the plan should address, the participate in the planning process. • must state this prominently at the suggested issues will be placed in one Road and trail access (and OHV beginning of your comments. Such of three categories: management) guidance will be requests will be honored to the extent (1) Issues to be resolved in the plan; incorporated into the plan to ensure (2) Issues resolved through policy or public and resource needs are met. allowed by law. All submissions from • organizations or businesses, and from administrative action; or The Energy Policy and individuals identifying themselves as (3) Issues beyond the scope of the Conservation Act (EPCA) inventory representatives or officials of plan. results will be integrated into land use organizations or businesses, will be BLM will provide feedback to the planning and energy use authorizations. made available for public inspection in public on the final issues to be Environmental protection and energy their entirety. addressed in the plan. An production are both desirable and interdisciplinary approach will be used necessary objectives of sound land FOR FURTHER INFORMATION CONTACT: For to develop the plan in order to consider further information or to have your management practices and are not to be the variety of resource issues and name added to the Little Snake RMP considered mutually exclusive concerns identified. Disciplines Mailing List, contact Jeremy Casterson priorities; involved in the planning process will • For all stipulations developed in at the Little Snake Field Office (see include specialists with expertise in new land use plans and to further address above), telephone (970) 826– rangeland management, minerals and improve consistency and understanding 5071. geology, outdoor recreation, of lease stipulations, State and Field SUPPLEMENTARY INFORMATION: This archaeology, wildlife, lands and realty, offices will use the Uniform Format for document provides notice that the Little hydrology, soils, sociology and Oil and Gas Lease Stipulations prepared Snake Field Office will revise its current economics. by the Rocky Mountain Regional RMP. The RMP to be prepared for the The following planning criteria have Coordinating Committee in March 1989. public lands administered by the Little been proposed to guide the Lease stipulations will be reviewed for Snake Field Office will identify goals, development of the plan, to avoid consistency with neighboring field objectives, standards and guidelines for unnecessary data collection and offices and States, and where there are management of a variety of resources analyses, and to ensure the plan is discrepancies, efforts will be undertaken and values. The RMP will demonstrate tailored to the issues. Other criteria may to try and get consistency. active engagement of the community in be identified during the public scoping • The lifestyles and concerns of area a collaborative planning effort. The plan process. After gathering comments on residents will be recognized in the plan. will specify actions, constraints, and planning criteria, BLM will finalize the A socio-economic assessment of the general management practices necessary criteria and provide feedback to the planning area will be prepared to to achieve desired conditions. The public on the criteria to be used identify, analyze and review the social scope of the RMP will be throughout the planning process. and economic considerations of the comprehensive. Certain existing • The plans will be completed in plans. standards and guidelines and other BLM compliance with the Federal Land • The plan will incorporate the plans will be incorporated into the Policy and Management Act (43 U.S.C. Colorado Rangeland Health Standards RMP, such as the Colorado Rangeland 1701 et seg.) and the National and Guidelines. It will lay out a strategy Health Standards and Guidelines, and Environmental Policy Act (NEPA). for ensuring that proper grazing

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practices are followed. Grazing will be ACTION: Notice of meeting. meeting is open to the public. Oral managed to maintain or improve the comments will be accepted from health of the public lands by SUMMARY: In accordance with the members of the public at the meeting incorporating conditions to enhance Federal Advisory Committee Act, the and will be limited to 3–5 minutes. California Bay-Delta Public Advisory resource conditions into permitted (Authority: The Committee was established operations. Committee will meet jointly with the California Bay-Delta Authority on pursuant to the Department of the Interior’s • Contain an adaptive framework that authority to implement the Fish and Wildlife December 8 and 9, 2004. The agenda for incorporates regular monitoring and Coordination Act, 16 U.S.C. 661 et seq., the the joint meeting will include reports evaluation to adjust management within Endangered Species Act, 16 U.S.C. 1531 et from the Lead Scientist and the the direction of the existing plan. seq., and the Reclamation Act of 1902, 43 Independent Science Board; a Included in the range of potential U.S.C. 371 et seq., and the acts amendatory presentation on climate change by Dr. thereof or supplementary thereto, all actions for each adaptive management Dettinger and Francis Chung; an update collectively referred to as the Federal decision, a ‘‘fallback’’ decision will be on the California Water Plan, the Delta Reclamation laws, and in particular, the prepared, which would be expected to Improvements Package, and the Central Valley Project Improvement Act, Pub. achieve the outcome. The plan will have Operations Criteria and Plan for the L. 102–575.) realistic desired conditions and Central Valley Project and the State Dated: November 3, 2004. achievable objectives consistent with Water Project; and discussion and a Allan Oto, likely budgets and the design criteria. • possible recommendation on the 10- Special Projects Officer, Mid-Pacific Region. Lands with wilderness Year Finance Plan and the Annual characteristics may be managed to [FR Doc. 04–25666 Filed 11–17–04; 8:45 am] Statement of Progress and Future BILLING CODE 4310–MN–M protect and/or preserve some or all of Priorities for the CALFED Bay-Delta those characteristics. This may include Program with State and Federal agency protecting certain lands in their natural representatives. condition and/or providing DEPARTMENT OF JUSTICE DATES: The meeting will be held on opportunities for solitude, or primitive Wednesday, December 8, 2004, from 9 Notice of Lodging of Consent Decree and unconfined types of recreation. a.m. to 4 p.m., and on Thursday, Under the Comprehensive • Identify existing and potential December 9, 2004, from 9 a.m. to 4 p.m. Environmental Response, corridors (potential corridors include If reasonable accommodation is needed Compensation, and Liability Act of existing ROW routes that can be due to a disability, please contact 1980 considered for additional facilities and Pauline Nevins at (916) 455–5511 or thus be considered a corridor if not TDD (800) 735–2929 at least 1 week Notice is hereby given that on already so designated); Identify existing prior to the meeting. November 5, 2004 a proposed Consent and potential ROW development sites Decree in United States v. the Atlantic ADDRESSES: The meeting will be held at such as energy development areas (e.g., Richfield Company, an action under the Sheraton Hotel in the Grand wind energy sites) and communication Sections 107 and 113 of the Ballroom, 1230 J Street, Sacramento, sites; Describe likely development of Comprehensive Environmental California. potential corridors and other ROW sites Response, Compensation, and Liability as a basis for impact assessment. FOR FURTHER INFORMATION CONTACT: Act of 1980 (‘‘CERCLA’’) as amended, • The BLM will work cooperatively Heidi Rooks, California Bay-Delta 42 U.S.C. 9607 and 9613, was lodged with interested parties to identify the Authority, at (916) 445–5511, or Diane with the United States District Court for management decisions that are best Buzzard, Bureau of Reclamation, at the District of Utah, Case No. suited to local, regional, and national (916) 798–5022. 2:04CV01028 BSJ. interests. A local citizen-based SUPPLEMENTARY INFORMATION: The In this action, the United States stewardship group, the Northwest Committee was established to provide sought the recovery of costs incurred Colorado Stewardship (NWCOS), will recommendations to the Secretary of the and to be incurred by the United States engage with the BLM in the RMP Interior, other participating Federal in response to releases or threatened revision. NWCOS is an independent agencies, the Governor of the State of releases of hazardous substances at and community-centered stewardship group California, and the California Bay-Delta from the Eureka Mills NPL Site located that will focus its efforts on a Authority on implementation of the in Eureka, Utah (the ‘‘Site’’). The United community assessment, developing a CALFED Bay-Delta Program. The States alleged that the Atlantic Richfield community vision for the landscape, Committee makes recommendations on Company was liable under CERCLA and a community alternative. annual priorities, integration of the Section 107(a)(1) and (2), 42 U.S.C. Dated: September 24, 2004. eleven Program elements, and overall 9607(a)(1) and (2), as a past owner and balancing of the four Program objectives operator of a portion of the Site at the John E. Husband, of ecosystem restoration, water quality, time of disposal and as a present owner Field Manager. levee system integrity, and water supply of a portion of the Site upon which [FR Doc. 04–25618 Filed 11–17–04; 8:45 am] reliability. The Program is a consortium hazardous substances have been BILLING CODE 4310–GG–P of State and Federal agencies with the released, for those response costs set mission to develop and implement a forth in CERCLA Section 107(a)(4)(A)– long-term comprehensive plan that will (D), 42 U.S.C. 96707(a)(4)(A)–(D). DEPARTMENT OF THE INTERIOR restore ecological health and improve The settlement between the United States and the Atlantic Richfield Bureau of Reclamation water management for beneficial uses of the San Francisco/Sacramento and San Company provides that the Atlantic California Bay-Delta Public Advisory Joaquin Bay Delta. Richfield Company will implement the Committee Public Meeting Committee and meeting materials will remedy for the Site selected by the be available on the California Bay-Delta Environmental Protection Agency AGENCY: Bureau of Reclamation, Authority Web site at http:// (‘‘EPA’’) on those portions of the Site on Interior. calwater.ca.gov and at the meeting. This which the United States has alleged that

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the Atlantic Richfield Company was Anaconda Smelter Superfund Site, the (25 cents per page reproduction costs) responsible for under CERCLA. EPA Clark Fork River Superfund Site, the payable to the U.S. Treasury. estimates that the value of the work to Warm Springs Ponds Superfund Site, Robert D. Brook, be done by the Atlantic Richfield and the Butte Superfund Site, Assistant Chief, Environmental Enforcement Company is in excess of $6.1 million. (collectively, the ‘‘Remaining Clark Fork The Department of Justice will receive Section, Environment and Natural Resources Site’’ ). Division. for a period of thirty (30) days from the date of this publication comments The proposed settlement would [FR Doc. 04–25535 Filed 11–17–04; 8:45 am] relating to the Consent Decree. resolve the claims brought by the United BILLING CODE 4410–15–M Comments should be addressed to the States against ARCO under section 107 of the Comprehensive Environmental Assistant Attorney General, DEPARTMENT OF JUSTICE Environmental and Natural Resources Response, Compensation and Liability Division, P.O. Box 7611, U.S. Act of 1980, as amended (‘‘CERCLA’’), Notice of Lodging of Consent Decree Department of Justice, Washington, DC 42 U.S.C. 9607, for the recovery of Under Comprehensive Environmental 20044–7611, and should refer to United response costs previously paid by EPA, Response, Compensation and Liability States v. the Atlantic Richfield through July 31, 2002, with accrued Act Company, et. al., DJ#90–11–3–07993/3. interest, in responding to releases and The Consent Decree may be examined threatened releases of hazardous Under 28 CFR 50.7, notice is hereby at U.S. EPA Region 8, 999 18th Street, substances at the Remaining Clark Fork given that on October 25, 2004, a Suite 500, Denver, Colorado, 80202. Sites. The Consent Decree would proposed Consent Decree in United States v. Esso Standard Oil Co. S.A. During the public comment period, the simultaneously resolve, subject to Ltd., Civil Action No. 2004/0139, was Consent Decree, may also be examined certain reservations, most of the on the following Department of Justice lodged with the United States District defenses and all of the counterclaims Web site, http://www.usdoj.gov/enrd/ Court for the District of Virgin Islands. asserted by ARCO against the United open.html. A copy of the Consent In this action, the United States Decree may also be obtained by mail States for the past cost claims at the asserted claims against Esso Standard from the Consent Decree Library, P.O. Remaining Clark Fork Sites, as well as Oil Co. S.A. Ltd. (Esso) under Section Box 7611, U.S. Department of Justice, the future response costs and future 107(a) of the Comprehensive Washington, DC 20044–7611 or by response actions at these sites. Environmental Response, Compensation faxing or e-mailing a request to Tonia The Department of Justice will receive and Liability Act (CERCLA), 42 U.S.C. Fleetwood ([email protected]), for a period of thirty (30) days from the 9607(a), for recovery of response costs fax no. (202) 514–0097, phone date of this publication comments incurred regarding the Tutu Wellfield confirmation number (202) 514–1547. In relating to the Consent Decree. Superfund Site, in St. Thomas, USVI requesting a copy from the Consent Comments should be addressed to the (Site). The proposed consent decree embodies an agreement with Esso to pay Decree Library, please enclose a check Assistant Attorney General, $3 million of response costs. The decree in the amount of $20.00 for the Decree Environment and Natural Resources (excluding appendices), $51 for the provides Esso with a covenant not to Division, P.O. Box 7611, U.S. sue under Section 107(a) of CERCLA. Decree with attachments payable to the Department of Justice, Washington, DC United States Treasury. The Department of Justice will receive 20044–7611, and should refer to United for a period of thirty (30) days from the Robert Brook, States v. ARCO, DOJ Case Number 90– date of this publication comments Assistant Chief, Environmental Enforcement 11–2–430. relating to the Consent Decree. Section, Environmental and Natural The proposed Consent Decree may be Comments should be addressed to the Resources Division. examined at the office of the United Assistant Attorney General, [FR Doc. 04–25533 Filed 11–17–04; 8:45 am] States Attorney for the District of Environment and Natural Resources BILLING CODE 4410–15–M Montana, 2929 Third Avenue North, Division, P.O. Box 7611, U.S. Suite 400, Billings, Montana 59101, and Department of Justice, Washington, DC 20044–7611, and should refer to United DEPARTMENT OF JUSTICE at U.S. EPA Region VIII Montana Office, Federal Building, 10 West 15th Street, States v. Esso Standard Oil Co. S.A. Notice of Lodging of Consent Decree Suite 3200, Helena, Montana 59624. Ltd., D.J. 90–11–3–1510/1. The Consent Decree may be examined Under the Comprehensive During the public comment period, the Environmental Response, at the Office of the United States Consent Decree, may also be examined Attorney, 1108 King Street, Suite 201, Compensation, and Liability Act on the following Department of Justice (‘‘CERCLA’’) Christensted, St. Croix, VI 00820, and at Web site, http://www.usdoj.gov/enrd/ the Region II Office of the U.S. Under the policy set out at 28 CFR open.html. A copy of the Consent Environmental Protection Agency, 50.7, notice is hereby given that on Decree may also be obtained by mail Region II Records Center, 290 November 4, 2004, the United States from the Consent Decree Library, P.O. Broadway, 17th Floor, New York, NY lodged with the United States District Box 7611, U.S. Department of Justice, 10007–1866. During the public Court for the District of Montana a Washington, DC 20044–7611 or by comment period, the Consent Decree proposed consent decree (‘‘Consent faxing or e-mailing a request to Tonia also may be examined on the following Decree’’) in the case of United States v. Fleetwood ([email protected]), Department of Justice Web site, http:// Atlantic Richfield Company, et al., Civil fax no. (202) 514–0097, phone www.usdoj.gov/enrd/open.html. A copy Action No. CV–89–39–SEH. The confirmation number (202) 514–1547. In of the Consent Decree Library, P.O. Box Consent Decree pertains to certain requesting a copy of the Consent Decree, 7611, U.S. Department of Justice, Superfund sites within the Clark Fork please reference United States v. ARCO, Washington, DC 2004–7611 or by faxing River Basin in southwestern Montana DOJ Case Number 90–11–2–430, and or e-mailing a request to Tonia that have not been the subject of prior enclose a check in the amount of $10.00 Fleetwood ([email protected]), settlements with the United States—the fax no. (202) 514–0097, phone

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confirmation number (202) 514–1547. In adjustment assistance filed with the Total Respondents: 810. requesting a copy from the Consent Department, a determination is issued Frequency: On occasion. Decree Library, please enclose a check as to whether the statutory criteria for Total Responses: 810. in the amount of $5.00 (25 cents per certification are met. Average Time per Response: 3.5 page reproduction cost) payable to the The information collected in ETA hours. U.S. Treasury. Form 9118 is used by the Secretary to Estimated Total Burden Hours: 2,835. specifically determine whether Ronald G. Gluck, Total Burden Cost (capital/startup): petitioning worker groups that perform $0. Assistant Section Chief, Environmental a service are related to production of Enforcement Section, Environment and Total Burden Cost (operating/ Natural Resources Division. articles. If worker groups are related to maintaining): $0. production of articles, the form will [FR Doc. 04–25534 Filed 11–17–04; 8:45 am] Comments submitted in response to request contact information so that BILLING CODE 4410–15–M this notice will be summarized and/or sufficient article production and sales included in the request for Office of data may be collected from the Management and Budget approval of the appropriate contact to assess whether DEPARTMENT OF LABOR information collection request; they will the production that service workers also become a matter of public record. support is adversely affected by trade, Employment and Training Dated: November 12, 2004. Administration and to adequately assess whether the group eligibility requirements detailed Shirley Smith, Administrator, Office of National Response. Proposed Information Collection in section 223 of the Trade Act of 1974, Request Submitted for Public as amended, have been met. [FR Doc. E4–3246 Filed 11–17–04; 8:45 am] BILLING CODE 4310–30–P Comment and Recommendations; II. Desired Focus of Comments Nonproduction Questionnaire Currently, the Employment and ACTION: Notice. Training Administration is soliciting DEPARTMENT OF LABOR comments concerning the proposed SUMMARY: The Department of Labor, as extension of the Non-Production Bureau of Labor Statistics part of its continuing effort to reduce Questionnaire. Federal Economic Statistics Advisory paperwork and respondent burden • Evaluate whether the proposed Committee; Notice of Open Meeting conducts a preclearance consultation collection of information is necessary and Agenda program to provide the general public for the proper performance of the and Federal agencies with an functions of the agency, including The seventh meeting of the Federal opportunity to comment on proposed whether the information will have Economic Statistics Advisory and/or continuing collections of practical utility; Committee will be held on December information in accordance with the • Evaluate the accuracy of the 14, 2004 in the Postal Square Building, Paperwork Reduction Act of 1995 agency’s estimate of the burden of the 2 Massachusetts Avenue NE., (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This proposed collection of information, Washington, DC. A meeting that had program helps to ensure that requested including the validity of the been scheduled for June 11, 2004, which data can be provided in the desired methodology and assumptions used; would have been the Committee’s • format, reporting burden (time and Enhance the quality, utility, and seventh meeting, was canceled because financial resources) is minimized, clarity of the information to be that date was declared a national day of collection instruments are clearly collected; and mourning for former President Ronald • understood, and the impact of collection Minimize the burden of the Reagan and Federal offices were closed. requirements on respondents can be collection of information on those who The Federal Economic Statistics properly assessed. are to respond, including through the Advisory Committee is a technical DATES: Submit comments on or before use of appropriate automated, committee composed of economists, January 18, 2005. electronic, mechanical, or other statisticians, and behavioral scientists ADDRESSES: Send comments to Justin technological collection techniques or who are recognized for their attainments Heung, 200 Constitution Avenue, C– other forms of information technology, and objectivity in their respective fields. 5311, 202–693–3560, e.g., permitting electronic submissions Committee members are called upon to [email protected], Fax: of responses. analyze issues involved in producing 202.693.3584. A copy of the proposed information Federal economic statistics and collection request (ICR) can be obtained FOR FURTHER INFORMATION CONTACT: recommend practices that will lead to by contacting the office listed above in Justin Heung, 200 Constitution Avenue, optimum efficiency, effectiveness, and the ADDRESSES section of this notice. C–5311, 202–693–3560, cooperation among the Department of [email protected], Fax: III. Current Actions Labor, Bureau of Labor Statistics and the Department of Commerce, Bureau of 202.693.3584. Type of Review: Extension. Economic Analysis and Bureau of the SUPPLEMENTARY INFORMATION: Agency: Employment and Training Administration. Census. I. Background Title: Non-production questionnaire. The meeting will be held in Meeting Sections 222, 223 and 249 of the OMB Number: 1205–0447. Rooms 1 and 2 of the Postal Square Trade Act of 1974, as amended, require Affected Public: Individuals or Building Conference Center. The the Secretary of Labor to issue a households/business or other for-profit/ schedule and agenda for the meeting are determination for groups of workers as not-for-profit institutions/farms/Federal as follows: to their eligibility to apply for Trade Government/State, local or tribal 9 a.m. Opening session Adjustment Assistance (TAA). After government. 9:45 a.m. Alternative measures of reviewing all of the information Burden: 810 Responses x 3.5 hours = household income obtained for each petition for trade 2,835 hours. 1 p.m. Priorities for future meetings

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1:30 p.m. Response rates and wide variety of subjects in a short Challenge Act of 2003, 22 U.S.C.A. nonresponse in establishment surveys period of time, there is usually 7707(d) (the ‘‘Act’’). 3:45 p.m. Development of an insufficient time on the agenda for The Act authorizes the provision of Employment Cost Index (ECI) members of the public to address the Millennium Challenge Account excluding workers earning incentive committee orally. However, any such (‘‘MCA’’) assistance under section 605 pay requests will be considered by the Chair of the Act to countries that enter into 4:45 p.m. Conclude (approximate time) who will determine whether or not time compacts with the United States to The meeting is open to the public. permits. Any request to make an oral support policies and programs that Any questions concerning the meeting presentation should state the amount of advance the prospects of such countries should be directed to Margaret Johnson, time desired, the capacity in which the to achieve lasting poverty reduction and Federal Economic Statistics Advisory person would apear, and a brief outline economic growth. The Act requires the Committee, on Area Code (202) 691– of the content of the presentation. Millennium Challenge Corporation 5600. Individuals with disabilities, who Individuals with disabilities who need (‘‘MCC’’) to take a number of steps to need special accommodations, should special accommodations should contact determine the countries that, based on contact Ms. Johnson at least two days Veneta Chatmon (phone: 202–693–1912; their demonstrated commitment to just prior to the meeting date. fax; 202–693–1634) one week before the and democratic governance, economic freedom and investing in their people, Signed at Washington, DC the 3rd day of meeting. November 2004. An official record of the meeting will will be eligible to receive MCA Kathleen P. Utgoff, be available for public inspection in the assistance during a fiscal year. These steps include the submission of reports Commissioner of Labor Statistics. OSHA Technical Data Center (TDC) to appropriate congressional committees [FR Doc. 04–25597 Filed 11–17–04; 8:45 am] located in Room N2625 at the Department of Labor Building (202– and the publication of notices in the BILLING CODE 4510–24–P 693–2350). For additional information Federal Register that identify: contact: Wilfred Epps, Occupational 1. The ‘‘candidate countries’’ for MCA assistance in a fiscal year (Section DEPARTMENT OF LABOR Safety and Health Administration (OSHA); Room N3641, 200 Constitution 608(a) of the Act); Occupational Safety and Health Avenue NW., Washington, DC 20210 2. The eligibility criteria and Administration (phone: 202–693–1857; fax: 202–693– methodology that the MCC Board of 1641; e-mail: [email protected]); or Directors (the ‘‘Board’’) will use to select National Advisory Committee on check the National Advisory Committee ‘‘eligible countries’’ from among the Occupational Safety and Health; Notice on Occupational Safety and Health ‘‘candidate countries’’ (Section 608(b) of of Meeting information pages located at http:// the Act); and 3. The countries determined by the Notice is hereby given of the date and www.osha.gov/dop/nacosh/ nacosh.html. Board to be ‘‘eligible countries’’ for a location of the next meeting of the fiscal year, the countries on the list of National Advisory Committee on Signed at Washington, DC this 10th day of eligible countries with which the Board Occupational Safety and Health November 2004. will seek to enter into MCA ‘‘Compacts’’ (NACOSH), established under section John L. Henshaw, and a justification for such decisions 7(a) of the Occupational Safety and Assistant Secretary of Labor for Occupational (Section 608(d) of the Act). Health Act of 1970 (29 U.S.C. 656) to Safety and Health. This is the third of the above- advise the Secretary of Labor and the [FR Doc. 04–25598 Filed 11–17–04; 8:45 am] described reports for FY 2005. It Secretary of Health and Human Services BILLING CODE 4510–26–M identifies countries determined by the on matters relating to the administration Board to be eligible for MCA assistance of the Act. NACOSH will hold a meeting in FY 2005 under section 605 of the Act on December 8, at the Holiday Inn, MILLENNIUM CHALLENGE and those that the Board will seek to located at 550 C Street, SW., CORPORATION enter into MCA Compacts under section Washington, DC. The Meeting is open to 609 of the Act, and the justification for the public and will begin at 9 a.m. and [MCC FR 04–13] such decisions. end at approximately 4 p.m. Eligible Countries Agenda items will include updates on Report on the Selection of Eligible activities of both the Occupational Countries for FY 2005 The MCC Board of Directors met on Safety and Health Administration November 8, 2004, to select countries (OSHA) and the National Institute for AGENCY: Millennium Challenge that will be eligible for FY 2005 MCA Occupational Safety and Health Corporation. assistance under section 605 of the Act (NIOSH), OSHA Health Targeting, and SUMMARY: Section 608(d) of the and will be invited to submit proposals NIOSH Nanotechnology, as well as Millennium Challenge Act of 2003, Pub. for such assistance. The Board workgroup meetings and reports L. 108–199 (Division D) requires the determined the following countries addressing Hispanic Outreach, Motor Millennium Challenge Corporation to eligible for FY 2005 assistance: Vehicle Safety, and Emergency publish a report that lists the countries Armenia, Benin, Bolivia, Georgia, Response. determined by the Board of Directors of Ghana, Honduras, Lesotho, Madagascar, Written data, views or comments for the Corporation to be eligible for Mali, Mongolia, Morocco, Mozambique, consideration by the committee may be assistance for Fiscal Year 2005. The Nicaragua, Senegal, Sri Lanka, and submitted, preferably with 20 copies, to Report is set forth below. Vanuatu. Wilfred Epps at the address provided Report: Report on the Selection of In accordance with the Act and with below. Any such submissions received Eligible Countries for FY 2005. MCC’s ‘‘Criteria and Methodology for prior to the meeting will be provided to Determining the Eligibility of Candidate the members of the committee and will Summary Countries for Millennium Challenge be included in the record of the This report is provided in accordance Account Assistance in FY 2005,’’ meeting. Because of the need to cover a with Section 608(d) of the Millennium submitted to the Congress on August 31,

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2004, selection was based on a country’s outlined in MCC’s Report on the NATIONAL AERONAUTICS AND overall performance in relation to three Selection of MCA Eligible Countries for SPACE ADMINISTRATION broad policy categories: Ruling Justly, FY 2004, submitted to Congress on May [Notice 04–127] Encouraging Economic Freedom, and 7, 2004. The Board also determined that Investing in People. The Board relied on no material change has occurred in the NASA Advisory Council; Notice of sixteen publicly available indicators to performance of these countries on the Establishment Pursuant to the Federal assess policy performance as the selection criteria since the FY04 Advisory Committee Act, 5 U.S.C. App. predominant basis for determining selection that would justify removing §§ 1 et seq. which countries would be eligible for them from the eligible country list. assistance. Where appropriate, the AGENCY: National Aeronautics and Board took into account other data, such Selection for Compact Negotiation Space Administration (NASA). as trends and recent events since the Explanation of Need: The indicators were published, and The Board also authorized the MCC to Administrator of the National quantitative information as well as seek to negotiate an MCA Compact, as Aeronautics and Space Administration qualitative information to determine described in section 609 of the Act, with has determined that the establishment whether a country performed each of the eligible countries identified of a NASA Robotic and Human satisfactorily in relation to its peers in above that develops a proposal that Exploration of Mars Strategic a given category, and other factors, justifies beginning such negotiations. Roadmapping Committee is necessary including, inter alia, a country’s MCC will initiate the process by inviting and in the public interest in connection commitment to economic policies that eligible countries to submit program with the performance of duties imposed promote private sector growth and the proposals to MCC. MCC has posted upon NASA by law. This determination sustainable management of natural guidance on the MCC Web site (http:// follows consultation with the resources, and the rights of people with www.mcc.gov) regarding the Committee Management Secretariat, disabilities. The Board considered development and submission of MCA General Services Administration. Name of Committee: NASA Robotic whether any adjustments should be program proposals. made for data gaps, lags, trends, or and Human Exploration of Mars strengths or weaknesses in particular Submission of a proposal is not a Strategic Roadmapping Committee. indicators. guarantee that MCC will finalize a Purpose and Objective: The Only one new country was selected Compact with an eligible country. MCC Committee will advise NASA for FY05: Morocco. Morocco performed will evaluate proposals and make Administrator on Mars exploration, above the median in relation to its peers funding decisions based on the potential including robotic exploration of Mars to on at least half of the indicators in each for impacting poverty reduction through search for evidence of life, to of the three policy categories and above economic growth and other understand the history of the solar the median on the corruption indicator considerations. The quality of the initial system, and to prepare for future human specifically. Although Morocco was proposal—including how well the exploration. The Committee will draw substantially below average on one country has demonstrated the on the expertise of its members and economic indicator—Trade Policy—the relationship between the proposed other sources to provide its advice and Board decided that a positive eligibility priority areas and poverty reduction recommendations to the Agency. The determination was nonetheless justified through economic growth—will be a Committee will hold meetings and make based on positive trends and concrete determining factor, in addition to, the site visits as necessary to accomplish actions taken by the Government of their responsibilities. The Committee breadth of public support within the Morocco that were not fully reflected in will function solely as an advisory country for the proposal and the the ‘‘point in time’’ indicator data. Since board and will comply fully with the government’s commitment to continued 2000, Morocco has made significant provisions of the Federal Advisory efforts to liberalize its trade policy. policy improvement. An eligible Committee Act. Furthermore, in addition to the EU country’s commitment and capacity to Lack of Duplication of Resources: The Agreement, which calls for the removal oversee effective implementation of the Committee’s functions cannot be of all non-agricultural tariffs on trade program will also be a factor in performed by the agency, another between the two areas by 2012, Morocco determining how quickly MCC can existing committee, or other means such recently concluded free trade begin substantive discussions with a as a public meeting. agreements with Turkey, Jordan, Egypt, country on a Compact and will likely Fairly Balanced Membership: The Tunisia and the United States. These influence the speed with which a Committee will consist of a balance of agreements put Morocco in a select Compact can be negotiated as well as experts from within the government, group of countries that have negotiated the amount and timing of any MCA private industry, and academia. In among the most liberal market access for assistance approved by the Board. addition, there may be additional experts selected for Subcommittees or goods and services and the highest Any MCA assistance provided under standards of trade and investment rules. Task Forces. Members of the Committee, section 605 of the Act will be contingent With the exception of Morocco, all of Subcommittee or Task Forces will be on the successful negotiation of a the countries selected were previously chosen from among industry, academia, selected by the Board as eligible for mutually agreeable Compact between and government with recognized FY04 MCA assistance: Armenia, Benin, the eligible country and MCC and knowledge and expertise in specific Bolivia, Ghana, Georgia, Honduras, approval of the Compact by the Board. areas across the NASA’s portfolio. Total Lesotho, Madagascar, Mali, Mongolia, Dated: November 12, 2004. membership will reflect a fairly Mozambique, Nicaragua, Senegal, Sri Paul V. Applegarth, balanced view. Lanka, and Vanuatu. These countries Duration: Ad hoc. were re-endorsed by the Board on Chief Executive Officer, Millennium Responsible NASA Official: Dr. Marc Challenge Corporation. November 8, 2004, based on their Allen, Advanced Planning and continued performance since the May [FR Doc. 04–25554 Filed 11–17–04; 8:45 am] Integration Office, National Aeronautics selection, most notably in the areas BILLING CODE 9210–01–P and Space Administration, 300 E Street,

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SW., Washington, DC 20546, telephone collection of information on Brunswick Steam Electric Plant, Units 1 (202) 358–0733. respondents, including the use of and 2, are boiling water reactors information technology. In this notice, P. Diane Rausch, designed by General Electric NARA is soliciting comments Corporation, and are located in Advisory Committee Management Officer, concerning the following information National Aeronautics and Space Brunswick County, North Carolina. The Administration. collection: acceptability of the tendered application Title: Request to use personal paper- [FR Doc. 04–25553 Filed 11–17–04; 8:45 am] for docketing, and other matters to-paper copiers at the National BILLING CODE 7510–01–P including an opportunity to request for Archives at the College Park facility. a hearing, will be addressed in a OMB number: 3095–0035. subsequent Federal Register notice. Agency form number: None. NATIONAL ARCHIVES AND RECORDS Type of review: Regular. Copies of the application are available ADMINISTRATION Affected public: Business or other for- for public inspection at the profit, not-for-profit institutions, Federal Commission’s Public Document Room Agency Information Collection government. (PDR), located at One White Flint North, Activities: Submission for OMB Estimated number of respondents: 5. 11555 Rockville Pike (first floor), Review; Comment Request Estimated time per response: 3 hours. Rockville, Maryland, or electronically AGENCY: National Archives and Records Frequency of response: On occasion. from the Publicly Available Records Administration (NARA). Estimated total annual burden hours: (PARS) component of the NRC’s ACTION: Notice. 15 hours. Agencywide Documents Access and Abstract: The information collection Management System (ADAMS) under SUMMARY: NARA is giving public notice is prescribed by 36 CFR 1254.86. accession number ML043060391. The that the agency has submitted to OMB Respondents are organizations that want ADAMS Public Electronic Reading to make paper-to-paper copies of for approval the information collection Room is accessible from the NRC Web described in this notice. The public is archival holdings with their personal site at http://www.nrc.gov/reading-rm/ invited to comment on the proposed copiers. NARA uses the information to adams.html. (Note: Public access to information collection pursuant to the determine whether the request meets Paperwork Reduction Act of 1995. the criteria in 36 CFR 1254.86 and to ADAMS has been temporarily suspended so that security reviews of DATES: Written comments must be schedule the limited space available. publicly available documents may be submitted to OMB at the address below Dated: November 10, 2004. performed and potentially sensitive on or before December 20, 2004 to be L. Reynolds Cahoon, assured of consideration. information removed. Please check the Assistant Archivist for Human Resources and NRC’s Web site for updates on the ADDRESSES: Comments should be Information Services. resumption of ADAMS access.) In electronically mailed to: [FR Doc. 04–25605 Filed 11–17–04; 8:45 am] _ _ addition, the application is available on Daniel J. [email protected]; or BILLING CODE 7515–01–P faxed to 202–395–5806, Attn: Mr. Daniel the NRC’s Web site at http:// Costello, Desk Officer for NARA. www.nrc.gov/reactors/operating/ FOR FURTHER INFORMATION CONTACT: licensing/renewal/applications.html NUCLEAR REGULATORY while the application is under review. Requests for additional information or COMMISSION copies of the proposed information Persons who do not have access to collection and supporting statement [Docket Nos. 50–325 AND 50–324] ADAMS or who encounter problems in should be directed to Tamee Fechhelm accessing the documents located in Carolina Power & Light Company; at telephone number 301–837–1694 or ADAMS, should contact the NRC’s PDR Notice of Receipt of Application for fax number 301–837–3213. Reference staff at 1–800–397–4209, 301– Renewal of Brunswick Steam Electric 415–4737, or by e-mail to [email protected]. SUPPLEMENTARY INFORMATION: Pursuant Plant, Units 1 and 2 Facility Operating to the Paperwork Reduction Act of 1995 License Nos. DPR–71 and DPR–62 for The staff has also verified that a copy (Pub. L. 104–13), NARA invites the an Additional 20-Year Period of the license renewal application for general public and other Federal the Brunswick Steam Electric Plant, agencies to comment on proposed The U.S. Nuclear Regulatory Units 1 and 2, has been provided to the information collections. NARA Commission (NRC or Commission) has North Carolina University at published a notice of proposed received an application, dated October Wilmington, William Randall Library, collection for this information collection 18, 2004, from the Carolina Power & 601 South College Road, Wilmington, on September 1, 2004 (69 FR 53470 and Light Company, now doing business as North Carolina. 53471). No comments were received. Progress Energy Carolinas, Inc., filed NARA has submitted the described pursuant to Section 104b of the Atomic Dated at Rockville, Maryland, this 10th day information collection to OMB for Energy Act of 1954, as amended, and 10 of November 2004. approval. In response to this notice, CFR part 54, to renew Operating License For the Nuclear Regulatory Commission. comments and suggestions should Nos. DPR–71 and DPR–62 for the P.T. Kuo, address one or more of the following Brunswick Steam Electric Plant, Units 1 Program Director, License Renewal and points: (a) Whether the proposed and 2. Renewal of the licenses would Environmental Impacts Program, Division of information collection is necessary for authorize the applicant to operate the Regulatory Improvement Programs, Office of the proper performance of the functions facility for an additional 20-year period Nuclear Reactor Regulation. of NARA; (b) the accuracy of NARA’s beyond the period specified in the [FR Doc. 04–25587 Filed 11–17–04; 8:45 am] estimate of the burden of the proposed respective current operating licenses. BILLING CODE 7590–01–P information collection; (c) ways to The current operating licenses for the enhance the quality, utility, and clarity Brunswick Steam Electric Plant, Units 1 of the information to be collected; and and 2, expire on September 8, 2016, and (d) ways to minimize the burden of the December 27, 2014, respectively. The

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NUCLEAR REGULATORY in the 10 CFR Part 50, Appendix J that may be released off site. There is no COMMISSION definitions, includes the contribution significant increase in occupational or from MSIV leakage. By letter dated July public radiation exposure. Therefore, [Docket No. 50–271] 31, 2003, the licensee has requested an there are no significant radiological Entergy Nuclear Vermont Yankee, LLC exemption from Option B, Section III.A, environmental impacts associated with and Entergy Nuclear Operations, Inc.; requirements to permit exclusion of the proposed action. Vermont Yankee Nuclear Power MSIV leakage from the overall With regard to potential non- Station Environmental Assessment integrated leak rate test measurement. radiological impacts, the proposed and Finding of No Significant Impact Option B, Section III.B of 10 CFR Part action does not have a potential to affect 50, Appendix J requires that the sum of any historical sites. It does not affect Introduction the leakage rates of Type B and Type C non-radiological plant effluents and has The U.S. Nuclear Regulatory local leak rate tests be less than the no other environmental impact. Commission (NRC) is considering performance criterion (La) with margin, Therefore, there are no significant non- issuance of an exemption from 10 CFR as specified in the TSs. The licensee’s radiological impacts associated with the Part 50.54(o) and 10 CFR Part 50, July 31, 2003, letter also requests an proposed action. Appendix J, for Facility Operating exemption from this requirement, to Accordingly, the NRC concludes that License No. DPR–28, issued to Entergy permit exclusion of the MSIV there are no significant environmental Nuclear Vermont Yankee, LLC and contribution to the sum of the Type B impacts associated with the proposed Entergy Nuclear Operations, Inc. and Type C tests. action. The above-cited requirements of (Entergy or the licensee) for operation of Appendix J require that MSIV leakage Environmental Impacts of the the Vermont Yankee Nuclear Power measurements be grouped with the Alternatives to the Proposed Action Station (VYNPS), located in Vernon, leakage measurements of other As an alternative to the proposed Vermont. Therefore, as required by 10 containment penetrations when action, the staff considered denial of the CFR 51.21, the NRC is issuing this containment leakage tests are proposed action (i.e., the ‘‘no action’’ environmental assessment and finding performed. These requirements are alternative). Denial of the application of no significant impact. inconsistent with the design of the would result in no change in current Environmental Assessment VYNPS and the analytical models used environmental impacts. The to calculate the radiological Identification of the Proposed Action environmental impacts of the proposed consequences of design basis accidents. action and the alternative action are The proposed action would exempt At VYNPS, and similar facilities, the similar. Entergy from requirements to include leakage from primary containment main steam isolation valve (MSIV) penetrations, under accident conditions, Alternative Use of Resources leakage in (a) the overall integrated is collected and treated by the This action does not involve the use leakage rate test measurement required secondary containment system, or of any resources than those previously by Section III.A of Appendix J, Option would bypass the secondary considered in the Final Environmental B, and (b) the sum of local leak rate test containment. However, the leakage from Statement dated July 1972 for VYNPS. measurements required by Section III.B MSIVs is collected and treated via an Agencies and Persons Consulted of Appendix J, Option B. Alternative Leakage Treatment (ALT) The proposed action is in accordance path having different mitigation On May 13, 2004, the NRC staff with the licensee’s application dated characteristics. In performing accident consulted with the Vermont State July 31, 2003, as supplemented by analyses, it is appropriate to group official, Mr. William K. Sherman of the letters dated October 10, November 7 (2 various leakage effluents according to Vermont Department of Public Service, letters), November 20, December 11 (2 the treatment they receive before being regarding the environmental impact of letters), and December 30, 2003, and released to the environment, i.e., bypass the proposed action. The State official February 10, February 18, February 25, leakage is grouped, leakage into had no comments on the environmental March 17, May 12, and July 20, 2004, for secondary containment is grouped, and impact of the proposed exemption, but exemption from certain requirements of ALT leakage is grouped, with specific provided comments on the associated 10 CFR 50.54(o) and 10 CFR Part 50, limits for each group defined in the TSs. Technical Specification changes Appendix J. The proposed exemption would permit discussed in the July 31, 2003, application. These comments will be The Need for the Proposed Action ALT path leakage to be independently grouped with its unique leakage limits. addressed in the Safety Evaluation Section 50.54(o) of 10 CFR Part 50 documenting the staff’s review of that requires that primary reactor Environmental Impacts of the Proposed proposed change. containments for water cooled power Action reactors be subject to the requirements The NRC has completed its safety Finding of No Significant Impact of Appendix J to 10 CFR Part 50. evaluation of the proposed action and On the basis of the environmental Appendix J specifies the leakage test concludes that the calculated assessment, the NRC concludes that the requirements, schedules, and radiological consequences remain proposed action will not have a acceptance criteria for tests of the leak within the criteria of 10 CFR 50.67. The significant effect on the quality of the tight integrity of the primary reactor details of the staff’s safety evaluation human environment. Accordingly, the containment and systems and will be provided in the exemption that NRC has determined not to prepare an components which penetrate the will be issued as part of the letter to the environmental impact statement for the containment. Option B, Section III.A licensee approving the exemption to the proposed action. requires that the overall integrated leak regulation. For further details with respect to this rate must not exceed the allowable The proposed action will not action, see the licensee’s letter dated leakage (La) with margin, as specified in significantly increase the probability or July 31, 2003, as supplemented by the Technical Specifications (TSs). The consequences of accidents. No changes letters dated October 10, November 7 (2 overall integrated leak rate, as specified are being made in the types of effluents letters), November 20, December 11 (2

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letters), and December 30, 2003, and the Ponce School of Medicine for Facilities’’ (ML042310492, February 10, February 18, February 25, Materials License No. 52–19547–01, to ML042320379, and ML042330385). On March 17, May 12, and July 20, 2004. authorize release of its facility in Ponce, the basis of the EA, the NRC has Documents may be examined, and/or Puerto Rico for unrestricted use. NRC concluded that the environmental copied for a fee, at the NRC’s Public has prepared an Environmental impacts from the action are expected to Document Room (PDR), located at One Assessment (EA) in support of this be insignificant and has determined not White Flint North, 11555 Rockville Pike action in accordance with the to prepare an environmental impact (first floor), Rockville, Maryland. requirements of 10 CFR part 51. Based statement for the action. Publically available records will be on the EA, the NRC has concluded that accessible electronically from the a Finding of No Significant Impact IV. Further Information Agencywide Documents Access and (FONSI) is appropriate. The amendment Management System (ADAMS) Public will be issued following the publication Documents related to this action, Electronic Reading Room on the NRC of this Notice. including the application for the license amendment and supporting Web site, http://www.nrc.gov/reading- II. EA Summary rm/adams.html. Persons who do not documentation, are available have access to ADAMS or who The purpose of the action is to electronically in the NRC’s Agencywide encounter problems in accessing the authorize the release of the licensee’s Document Access and Management documents located in ADAMS, should Ponce, Puerto Rico facility for System (ADAMS), which provides text contact the NRC PDR Reference staff by unrestricted use. The Ponce School of and image files of NRC’s documents. telephone at 1–800–397–4209 or 301– Medicine was authorized by the NRC The ADAMS accession numbers for the 415–4737, or by e-mail to [email protected]. from October 15, 1981 to use radioactive documents related to this Notice are: (Note: Public access to ADAMS has materials for research and development The Environmental Assessment been temporarily suspended so that purposes at the site. On February 4, (ML042720062), and Letter dated 2003, the Ponce School of Medicine security reviews of publicly available February 4, 2003 transmitting the Final requested that the NRC release the documents may be performed and Status Survey Report (ML030430358). facility for unrestricted use. The Ponce potentially sensitive information On October 25, 2004, the NRC removed. Please check the NRC Web School of Medicine has conducted surveys of the facility and provided terminated public access to ADAMS and site for updates on the resumption of initiated an additional security review ADAMS access.) information to the NRC to demonstrate that the site meets the license of publicly available documents to Dated at Rockville, Maryland, this 12th day termination criteria in subpart E of 10 ensure that potentially sensitive of November, 2004. CFR part 20 for unrestricted release. information is removed from the For the Nuclear Regulatory Commission. The NRC staff has prepared an EA in ADAMS database accessible through the Richard B. Ennis, support of the license amendment. The NRC’s web site. Interested members of Senior Project Manager, VY Section, Project facility was remediated and surveyed the public may obtain copies of the Directorate I, Division of Licensing Project prior to the licensee requesting the referenced documents for review and/or Management, Office of Nuclear Reactor license amendment. The NRC staff has copying by contacting the Public Regulation. reviewed the information and final Document Room pending resumption of [FR Doc. 04–25588 Filed 11–17–04; 8:45 am] status survey submitted by the Ponce public access to ADAMS. The NRC BILLING CODE 7590–01–P School of Medicine. Based on its Public Documents Room is located at reviews, the staff has determined that NRC Headquarters in Rockville, MD, there are no additional remediation and can be contacted at (800) 397–4209, NUCLEAR REGULATORY activities necessary to complete the COMMISSION (301) 415–4737 or by e-mail at proposed action. Therefore, the staff [email protected]. [Docket No. 030–17845] considered the impact of the residual radioactivity at the facility and These documents may be viewed Notice of Availability of Environmental concluded that since the residual electronically at the NRC Public Assessment and Finding of No radioactivity meets the requirements in Document Room (PDR), O 1 F21, One Significant Impact for License subpart E of 10 CFR part 20, a Finding White Flint North, 11555 Rockville Amendment for Ponce School of of No Significant Impact is appropriate. Pike, Rockville, MD, 20852. The PDR Medicine’s Facility in Ponce, PR reproduction contractor will copy III. Finding of No Significant Impact documents for a fee. The PDR is open AGENCY: Nuclear Regulatory The staff has prepared the EA from 7:45 a.m. to 4:15 p.m., Monday Commission. (summarized above) in support of the through Friday, except on Federal ACTION: Notice of availability. license amendment to release the holidays. facility for unrestricted use. The NRC FOR FURTHER INFORMATION CONTACT: staff has evaluated the Ponce School of Dated at King of Prussia, Pennsylvania this Orysia Masnyk Bailey, Materials Medicine’s request and the results of the 10th day of November, 2004. Security & Industrial Branch, Division survey and has concluded that the For the Nuclear Regulatory Commission. of Nuclear Materials Safety, Region I, completed action complies with the John D. Kinneman, 475 Allendale Road, King of Prussia, criteria in subpart E of 10 CFR part 20. Chief, Materials Security & Industrial Branch, Pennsylvania, 19406, telephone (404) The staff has found that the Division of Nuclear Materials Safety, Region 562–4739, fax (404) 562–4955; or by e- environmental impacts from the action I. mail: [email protected]. are bounded by the impacts evaluated [FR Doc. 04–25589 Filed 11–17–04; 8:45 am] SUPPLEMENTARY INFORMATION: by NUREG–1496, Volumes 1–3, BILLING CODE 7590–01–P ‘‘Generic Environmental Impact I. Introduction Statement in Support of Rulemaking on The Nuclear Regulatory Commission Radiological Criteria for License (NRC) is issuing a license amendment to Termination of NRC-Licensed

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SECURITIES AND EXCHANGE [(A) 20% of the remaining contracts in the most significant parts of such COMMISSION the order if the order is traded at the statements. best bid or offer given by the crowd in A. Self-Regulatory Organization’s [Release No. 34–50655; File No. SR–CBOE– response to the broker’s initial request Statement of the Purpose of, and 2004–04] for a market; or (B) 40% of the remaining contracts in Statutory Basis for, the Proposed Rule Self-Regulatory Organizations; Notice the order if the order is traded between Change of Filing of Proposed Rule Change and the best bid or offer given by the crowd 1. Purpose Amendment No. 1 Thereto by the in response to the broker’s initial CBOE Rule 6.74, Crossing Orders, Chicago Board Options Exchange, Inc. request for a market.] To Amend its Guaranteed Participation (iii)–(iv) No change. provides the procedures for crossing Rule Relating to Facilitation and (v) If a trade pursuant to this and facilitation orders. Paragraph (d) of Crossing Transactions paragraph (d) occurs at the DPM’s that rule details the procedures for the principal bid or offer in its appointed Exchange’s ‘‘guaranteed’’ crossing rule. November 10, 2004. class, then the DPM’s guaranteed In short, paragraph (d) enables a floor Pursuant to section 19(b)(1) of the participation level which is established broker to cross 20% of an order if it Securities Exchange Act of 1934 pursuant to Exchange Rule 8.87 [(or matches the crowd’s price or 40% of an 1 2 (‘‘Act’’) and Rule 19b–4 thereunder, Exchange circulars issued pursuant to order if it improves upon the crowd’s notice is hereby given that on January Exchange Rule 8.87)] shall apply only to price (‘‘20/40% rule’’). Recently, the 16, 2004, the Chicago Board Options the number of contracts remaining after Exchange has begun to lose orders to Exchange, Inc. (‘‘CBOE’’ or ‘‘Exchange’’) the following orders have been satisfied: another Exchange that is more crossing filed with the Securities and Exchange those public customer orders which and facilitation friendly to order flow Commission (‘‘Commission’’) the trade ahead of the cross transaction as providers. To remain competitive, CBOE proposed rule change as described in indicated in sub-paragraph (d)(ii) above, proposes to amend its 20/40% rule to items I, II, and III below, which items and any portion of a customer order make it a straight 40% rule, as described have been prepared by the Exchange. being crossed against the original order below. On November 3, 2004, CBOE submitted or the firm facilitation order as Under the proposal, floor brokers Amendment No. 1 to the proposed rule described in sub-paragraph (d)(ii) being would be entitled to cross 40% of an change.3 The Commission is publishing represented by the Floor Broker. [The order, provided it trades at a price that this notice to solicit comments on the DPM’s guaranteed participation may matches or improves upon the price proposed rule change, as amended, from only be 25% for orders crossed pursuant given by the trading crowd in response interested persons. to this paragraph unless the Floor to the broker’s initial request for a market. All other requirements would I. Self-Regulatory Organization’s Broker has chosen to cross less than its remain the same (e.g., customer priority, Statement of the Terms of Substance of 20% entitlement, in which case the minimum order size, etc.). To effect this the Proposed Rule Change DPM’s guaranteed entitlement] DPMs are not entitled to any guaranteed change, CBOE proposes to amend CBOE CBOE proposes to amend its participation for trades occurring Rule 6.74(d)(ii) by removing guaranteed participation rule relating to pursuant to this paragraph (d) unless subparagraphs (A) and (B) and replacing facilitation and crossing transactions. the Floor Broker crosses less than its them with a new paragraph (D)(ii) that The text of the proposed rule change is guaranteed 40%, in which case the states: ‘‘After all public customer orders set forth below. Additions are italicized. DPM’s guarantee will be a percentage that were (1) on the limit order book and Deletions are bracketed. that when combined with the then (2) represented in the trading * * * * * percentage the firm crossed, [is no more crowd at the time the market was established have been satisfied, the floor Rule 6.74. ‘‘Crossing’’ Orders than] does not exceed 40% of the order. If the trade occurs at a price other than broker will be entitled to cross 40% of (a)–(c) No change. the DPM’s principal bid or offer, the the remaining contracts, provided the (d) * * * DPM is entitled to no guaranteed order trades at or between the best bid (i) No change. participation. or offer given by the crowd in response (ii) [The percentage of the order (vi)–(vii) No change. to the broker’s initial request for a which a Floor Broker is entitled to cross, (e) No change. market.’’ The procedure for facilitating a]After all public customer orders that orders would remain the same. The only were (1) on the limit order book and Interpretations and Policies * * * change would be to the size of the firm’s then (2) represented in the trading .01–.08 No change. guaranteed entitlement, which would go crowd at the time the market was * * * * * from 20% to 40%. established have been satisfied, [is Changing to a straight 40% rule determined as follows:] the Floor Broker II. Self-Regulatory Organization’s would require corresponding changes to will be entitled to cross 40% of the Statement of the Purpose of, and the DPM participation entitlement as it remaining contracts, provided the order Statutory Basis for, the Proposed Rule pertains to facilitation and crossing trades at or between the best bid or offer Change orders. Currently, CBOE Rule 6.74(d)(v) given by the crowd in response to the In its filing with the Commission, the entitles the DPM to a participation broker’s initial request for a market. Exchange included statements entitlement of 20% of the original order concerning the purpose of and basis for size when the floor broker crosses its 1 15 U.S.C. 78s(b)(1). the proposed rule change and discussed 20% at the crowd’s price. If the floor 2 17 CFR 240.19b–4. any comments it received on the broker improves upon the crowd’s price 3 See Letter from Stephen Youhn, Legal Division, proposed rule change. The text of these and takes its 40%, the DPM is not CBOE, to Nancy J. Sanow, Assistant Director, statements may be examined at the entitled to any participation guarantee. Division of Market Regulation (‘‘Division’’), Commission, dated November 2, 2004 places specified in item IV below. The The Exchange proposes to retain this (‘‘Amendment No. 1’’). Amendment No. 1 replaced Exchange has prepared summaries, set limitation (i.e., that the percentage of the and superseded the original filing in its entirety. forth in sections A, B, and C below, of entitlement when combined with the

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amount of the order the floor broker III. Date of Effectiveness of the office of CBOE. All comments received crosses may not exceed 40%), Proposed Rule Change and Timing for will be posted without change; the recognizing that in most instances the Commission Action Commission does not edit personal effect of this rule change would be that Within 35 days of the date of identifying information from DPMs would not be entitled to publication of this notice in the Federal submissions. You should submit only participation guarantees (because the Register or within such longer period (i) information that you wish to make facilitating firm typically would take its as the Commission may designate up to available publicly. All submissions 40% guaranteed amount). Necessary 90 days of such date if it finds such should refer to File Number SR–CBOE– changes have been made to the longer period to be appropriate and 2004–04 and should be submitted on or proposed rule language to reflect this publishes its reasons for so finding, or before December 9, 2004. important limitation. (ii) as to which the Exchange consents, For the Commission, by the Division of Competitive pressures mandate the the Commission will: Market Regulation, pursuant to delegated change from a 20/40% rule to a straight (A) By order approve such proposed authority.7 40% rule. International Securities rule change; or Margaret H. McFarland, Exchange (‘‘ISE’’) Rule 716(d)(ii) (B) Institute proceedings to determine Deputy Secretary. provides Electronic Access Members whether the proposed rule change [FR Doc. E4–3247 Filed 11–17–04; 8:45 am] with at least forty percent (40%) of the should be disapproved. BILLING CODE 8010–01–P original size of the order for orders they IV. Solicitation of Comments submit through ISE’s facilitation mechanism, whether executed at the Interested persons are invited to SECURITIES AND EXCHANGE current ISE displayed price or a better submit written data, views, and COMMISSION arguments concerning the foregoing, price. Accordingly, member firms have [Release No. 34–50657; File No. SR–CHX– a strong inducement to send to the ISE including whether the proposed rule change is consistent with the Act. 2004–34] orders they would like to facilitate. Comments may be submitted by any of Recently, the Pacific Exchange received Self-Regulatory Organizations; the following methods: approval of rule filing SR–PCX–2003–64 Chicago Stock Exchange Incorporated; in which it too adopted a straight 40% Electronic Comments Notice of Filing and Immediate 4 rule. Accordingly, CBOE represents • Use the Commission’s Internet Effectiveness of Proposed Rule that this proposal is necessary to remain comment form (http://www.sec.gov/ Change Relating to Membership Dues competitive in the facilitation arena. rules/sro.shtml); or and Fees • 2. Statutory Basis Send an e-mail to rule- November 12, 2004. [email protected]. Please include File Pursuant to section 19(b)(1) of the The Exchange believes the proposed Number SR–CBOE–2004–04 on the Securities Exchange Act of 1934 rule change is consistent with the Act subject line. (‘‘Act’’),1 and Rule 19b–4 thereunder,2 and the rules and regulations under the notice hereby is given that on Act applicable to a national securities Paper Comments September 28, 2004, the Chicago Stock exchange and, in particular, the • Send paper comments in triplicate Exchange, Incorporated (‘‘CHX’’ or requirements of section 6(b) of the Act.5 to Jonathan G. Katz, Secretary, ‘‘Exchange’’) filed with the Securities Specifically, the Exchange believes the Securities and Exchange Commission, 450 Fifth Street, NW., Washington, DC and Exchange Commission proposed rule change is consistent with (‘‘Commission’’) the proposed rule 6 20549–0609. the section 6(b)(5) requirements that change as described in items I and II the rules of an exchange be designed to All submissions should refer to File Number SR–CBOE–2004–04. This file below, which items have been prepared promote just and equitable principles of by the Exchange. The Exchange filed the trade, to prevent fraudulent and number should be included on the subject line if e-mail is used. To help the proposed rule change pursuant to manipulative acts and, in general, to 3 Commission process and review your section 19(b)(3)(A)(ii) of the Act, and protect investors and the public interest. 4 comments more efficiently, please use Rule 19b–4(f)(2) thereunder, as B. Self-Regulatory Organization’s only one method. The Commission will establishing or changing a due, fee, or Statement on Burden on Competition post all comments on the Commission’s other charge, which renders the proposal effective upon filing with the CBOE does not believe that the Internet Web site (http://www.sec.gov/ rules/sro.shtml). Copies of the Commission. The Commission is proposed rule change will impose a publishing this notice to solicit burden on competition that is not submission, all subsequent amendments, all written statements comments on the proposed rule change necessary or appropriate in furtherance from interested persons. of the purposes of the Act. with respect to the proposed rule change that are filed with the I. Self-Regulatory Organization’s C. Self-Regulatory Organization’s Commission, and all written Statement of the Terms of Substance of Statement on Comments on the communications relating to the the Proposed Rule Change Proposed Rule Change Received From proposed rule change between the The CHX proposes to amend its Members, Participants, or Others Commission and any person, other than membership dues and fees schedule those that may be withheld from the No written comments were solicited (‘‘Fee Schedule’’) to eliminate the public in accordance with the or received with respect to the proposed specialist application fee and suspend provisions of 5 U.S.C. 552, will be rule change. through December 31, 2004, specialist available for inspection and copying in the Commission’s Public Reference 4 See Securities Exchange Act Release No. 50473 7 17 CFR 200.30–3(a)(12). (September 29, 2004), 69 FR 60206 (October 7, Section, 450 Fifth Street, NW., 1 15 U.S.C. 78s(b)(1). 2004). Washington, DC 20549. Copies of such 2 17 CFR 240.19b–4. 5 15 U.S.C. 78f(b). filing also will be available for 3 15 U.S.C. 78s(b)(3)(A)(ii). 6 15 U.S.C. 78f(b)(5). inspection and copying at the principal 4 17 CFR 240.19b–4(f)(2).

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assignment fees when dual trading those firms when dual trading system 19b–4(f)(2) thereunder,11 because it system securities are assigned to securities are assigned without establishes or changes a due, fee or specialist firms without competition. competition.6 other charge imposed by the Exchange. Proposed new language is italicized; The CHX represents that these At any time within 60 days of the filing deletions are [bracketed]. proposed changes, like the similar of the proposed rule change, the proposal to modify these fees for Membership Dues and Fees Commission may summarily abrogate specialists that trade Nasdaq/NM such rule change if it appears to the A.–C. No change to text. securities,7 are designed to encourage Commission that such action is D. Specialist Assignment Fees specialist firms to trade additional necessary or appropriate in the public Specialist Application Fee: $150 per securities by allowing them to do so interest, for the protection of investors, application, provided, however, that without absorbing additional costs. The or otherwise in furtherance of the there will be no application fee for Exchange believes that these changes to purpose of the Act.12 [NASDAQ/NM Securities] securities the Fee Schedule provide specialists IV. Solicitation of Comments that are assigned without competition. with an appropriate incentive to Assignment of Dual Trading: Once the increase the number of issues they trade Interested persons are invited to Committee on Specialist System (consistent with their duties as submit written data, views, and Securities Assignment and Evaluation specialists), which could allow the arguments concerning the foregoing, approves a member organization to act Exchange’s members to offer their including whether the proposed rule as specialist in a security, that member customers access to a wider array of change is consistent with the Act. organization must pay the following fee: Comments may be submitted by any of No charge through December 31, specialist-traded securities. The the following methods: 2004. $350 effective January 1, 2005. If Exchange has proposed to suspend the the security was assigned without assignment fee for issues assigned Electronic Comments without competition only through the competition. • end of the year to determine, among Use the Commission’s Internet * * * * * other things, whether the fee suspension comment form (http://www.sec.gov/ rules/sro.shtml); or II. Self-Regulatory Organization’s has the intended effect. These fee • Statement of the Purpose of, and changes became effective on October 1, Send an e-mail to rule- Statutory Basis for, the Proposed Rule 2004. [email protected]. Please include File Change Number SR–CHX–2004–34 on the 2. Statutory Basis subject line. In its filing with the Commission, the CHX included statements concerning The Exchange believes that the Paper Comments the purpose of, and basis for, the proposed rule change is consistent with • section 6(b) of the Act,8 in general, and Send paper comments in triplicate proposed rule change and discussed any to Jonathan G. Katz, Secretary, comments it received regarding the furthers the objectives of section 6(b)(4) of the Act,9 in particular, in that it Securities and Exchange Commission, proposed rule change. The text of these 450 Fifth Street, NW., Washington, DC statements may be examined at the provides for the equitable allocation of reasonable dues, fees and other charges 20549–0609. places specified in item IV below. The All submissions should refer to File among its members. Exchange has prepared summaries, set Number SR–CHX–2004–34. This file forth in sections A, B and C below, of B. Self-Regulatory Organization’s number should be included on the the most significant aspects of such Statement of Burden on Competition subject line if e-mail is used. To help the statements. The Exchange does not believe that Commission process and review your A. Self-Regulatory Organization’s the proposed rule change will impose comments more efficiently, please use Statement of the Purpose of, and any burden on competition not only one method. The Commission will Statutory Basis for, the Proposed Rule necessary or appropriate in furtherance post all comments on the Commission’s Change of the purposes of the Act. Internet Web site (http://www.sec.gov/ rules/sro.shtml). Copies of the 1. Purpose C. Self-Regulatory Organization’s submission, all subsequent In August 2004, the Exchange’s Board Statement on Comments Regarding the amendments, all written statements of Governors decided to eliminate the Proposed Rule Change Received From with respect to the proposed rule application and assignment fees charged Members, Participants or Others change that are filed with the to specialist firms that seek to trade a No written comments were either Commission, and all written Nasdaq/NM security when that security solicited or received. communications relating to the is assigned without competition.5 The proposed rule change between the Exchange now proposes to similarly III. Date of Effectiveness of the Commission and any person, other than eliminate the application fee charged to Proposed Rule Change and Timing for those that may be withheld from the specialist firms that seek to trade a dual Commission Action public in accordance with the trading system security, when the The proposed rule change has become provisions of 5 U.S.C. 552, will be security is assigned without effective pursuant to section available for inspection and copying in competition. The Exchange also 19(b)(3)(A)(ii) of the Act 10 and Rule the Commission’s Public Reference proposes to suspend, through December Room. Copies of such filing also will be 31, 2004, the assignment fees charged to 6 Under the Exchange’s rules, dual trading system available for inspection and copying at securities are securities listed on the New York the principal offices of the CHX. All Stock Exchange, the American Stock Exchange or 5 The Exchange decided to continue to charge comments received will be posted on markets other than the Nasdaq Stock Market, specialist assignment fees with respect to securities Inc. without change; the Commission does that are assigned to a specialist firm in competition 7 not edit personal identifying with other firms, reflecting the increased See supra, note 5. administrative costs associated with allocating 8 15 U.S.C. 78f(b). stocks in competition. See Securities Exchange Act 9 15 U.S.C. 78(f)(b)(4). 11 17 CFR 240.19b–4(f)(2). Release No. 50616 (November 1, 2004). 10 15 U.S.C. 78s(b)(3)(A)(ii). 12 Id.

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information from submissions. You DEPARTMENT OF STATE proliferation activities that require the should submit only information that imposition of measures pursuant to you wish to make available publicly. All Bureau of Nonproliferation; Executive Order 12938 of November 14, submissions should refer to File Termination of Missile Proliferation 1994, as amended by Executive Order Number SR–CHX–2004–34 and should Sanctions Against a Russian Entity 13094 of July 28, 1998. be submitted on or before December 9, [Public Notice 4902] EFFECTIVE DATE: November 18, 2004. 2004. FOR FURTHER INFORMATION CONTACT: AGENCY: Department of State. On For the Commission, by the Division of general issues: Vann H. Van Diepen, ACTION: Notice. Market Regulation, pursuant to delegated Office of Chemical, Biological and authority.13 SUMMARY: A determination has been Missile Nonproliferation, Bureau of Margaret H. McFarland, made that sanctions imposed on a Nonproliferation, Department of State Deputy Secretary. Russian entity, effective July 22, 2004 (202–647–1142). On U.S. Government [FR Doc. E4–3248 Filed 11–17–04; 8:45 am] (69 FR 43875), pursuant to the Arms procurement ban issues: Gladys Gines, BILLING CODE 8010–01–P Export Control Act, as amended, and the Office of the Procurement Executive, Export Administration Act of 1979 as Department of State (703–516–1691). amended (as carried out under SUPPLEMENTARY INFORMATION: Pursuant DEPARTMENT OF STATE Executive Order 13222 of August 17, to the authorities vested in the President [Public Notice 4872] 2001) no longer apply. by the Constitution and the laws of the EFFECTIVE DATE: November 18, 2004. United States of America, including the International Emergency Economic Notice of Meeting; United States FOR FURTHER INFORMATION CONTACT: International Telecommunication Vann H. Van Diepen, Office of Powers Act (50 U.S.C. 1701 et seq.) Advisory Committee Information Chemical, Biological and Missile (IEEPA), the National Emergencies Act Meeting on the World Summit on the Nonproliferation, Bureau of (50 U.S.C. 1601 et seq.), the Arms Information Society Nonproliferation, Department of State Export Control Act (22 U.S.C. 2751 et (202–647–1142). seq.), and Section 301 of title 3, United The Department of State announces a States Code, and Executive Order 12938 meeting of the U.S. International SUPPLEMENTARY INFORMATION: A of November 14, 1994, as amended, the Telecommunication Advisory determination was made on November U.S. Government determined that the Committee (ITAC). The purpose of the 1, 2004, pursuant to Section 73(b)(1)(A) following Russian entity has engaged in Committee is to advise the Department of the Arms Export Control Act (22 proliferation activities that require the on matters related to telecommunication U.S.C. 2797b(b)(1)(A)) and Section imposition of measures pursuant to and information policy matters in 11B(b)(2)(A) of the Export sections 4(b), 4(c), and 4(d) of Executive preparation for international meetings Administration Act of 1979 (50 U.S.C. Order 12938: Federal Research and pertaining to telecommunication and app. 2410b(b)(2)(A)), as carried out Production Complex Altay (Russia). information issues. under Executive Order 13222 of August Accordingly, pursuant to the The ITAC will meet to discuss the 17, 2001, that the sanctions imposed provisions of Executive Order 12938, matters related to the second phase of effective July 22, 2004 (69 FR 43875), on the following measures are imposed on the World Summit on the Information the Russian entity Federal Research and this entity, its subunits, and successors Society (WSIS). The meeting will take Production Complex Altay (and its for two years: place on Wednesday, December 8, 2004 subunits and successors) do not apply. 1. All departments and agencies of the from 10:30 a.m. to 12 p.m. in the lecture A determination was also made to United States Government shall not room of the Historic National Academy impose sanctions against this entity procure or enter into any contract for of Science Building. The National under separate authority, as announced the procurement of any goods, Academy of Sciences is located at 2100 in a separate Notice in the Federal technology, or services from these C St. NW., Washington, DC. Register. Members of the public are welcome to entities including the termination of participate and may join in the Dated: November 12, 2004. existing contracts; discussions, subject to the discretion of Susan F. Burk, 2. All departments and agencies of the the Chair. Persons planning to attend Acting Assistant Secretary of State for United States government shall not this meeting should send the following Nonproliferation, Department of State. provide any assistance to these entities, data by fax to (202) 647–5957 or e-mail [FR Doc. 04–25637 Filed 11–17–04; 8:45 am] and shall not obligate further funds for such purposes; to [email protected] not later than 24 BILLING CODE 4710–27–P hours before the meeting: (1) Name of 3. The Secretary of the Treasury shall the meeting, (2) your name, and (3) prohibit the importation into the United organizational affiliation. A valid photo DEPARTMENT OF STATE States of any goods, technology, or services produced or provided by these ID must be presented to gain entrance to [Public Notice 4901] the National Academy of Sciences entities, other than information or Building. Directions to the meeting Bureau of Nonproliferation; Imposition informational materials within the location may be obtained by calling the of Nonproliferation Measures on an meaning of section 203(b)(3) of the ITAC Secretariat at 202 647–5205 or e- Entity in Russia, Including a Ban on International Emergency Economic mail to [email protected]. U.S. Government Procurement Powers Act (50 U.S.C. 1702(b)(3)). These measures shall be implemented Dated: November 4, 2004. AGENCY: Bureau of Nonproliferation, by the responsible departments and Anne Jillson, Department of State. agencies as provided in Executive Order Foreign Affairs Officer, Department of State. ACTION: Notice. 12938. [FR Doc. 04–25635 Filed 11–17–04; 8:45 am] In addition, pursuant to section BILLING CODE 4710–07–P SUMMARY: The U.S. Government has 126.7(a)(1) of the International Traffic in determined that a foreign entity has Arms Regulations, it is deemed that 13 17 CFR 200.30–3(a)(12). engaged in missile technology suspending the above-named entity

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from participating in any activities Committee Act and the Department of can access the FBB via the World Wide subject to Section 38 of the Arms Export Transportation, FAA Committee Web at http://fedbbs.access.gpo.gov. Control Act would be in furtherance of Management Order (1110.30C). User assistance for the FBB is the national security and foreign policy FOR FURTHER INFORMATION CONTACT: available from 7 a.m. until 5 p.m., of the United States. Therefore, for two Brenda Parker (AST–100), Office of the Eastern Time, Monday through Friday years, the Department of State is hereby Associate Administrator for Commercial (except Federal holidays) by calling the suspending all licenses and other Space Transportation (AST), 800 GPO Office of Electronic Information approvals for: (a) Exports and other Independence Avenue, SW., Room 331, Dissemination Services as (202) 512– transfers of defense articles and defense Washington, DC 20591, telephone: (202) 1262, toll free at (888) 293–6498; services from the United States; (b) 267–3674; e-mail: sending an e-mail to transfers of U.S.-origin defense articles [email protected]. [email protected]; or sending a fax to and defense services from foreign (202) 512–1262. destinations; and (c) temporary import Issued in Washington, DC, November 8, 2004. Access to this notice is also available of defense articles to or from the above- to Internet users through the Federal Patricia G. Smith, named entity. Register’s home page at http:// Moreover, it is the policy of the Associate Administrator for Commercial www.nara.gov/fedreg. United States to deny licenses and other Space Transportation. approvals for exports and temporary [FR Doc. 04–25559 Filed 11–17–04; 8:45 am] Background imports of defense articles and defense BILLING CODE 4910–13–P The FHWA, in cooperation with the services destined for this entity. Iowa Department of Transportation Dated: November 12, 2004. (Iowa DOT), will prepare an DEPARTMENT OF TRANSPORTATION Susan F. Burk, Environmental Impact Statement (EIS) Acting Assistant Secretary of State for Federal Highway Administration for improvements proposed to Interstate Nonproliferation, Department of State. 29 (I–29) from Sioux Gateway Airport/ [FR Doc. 04–25636 Filed 11–17–04; 8:45 am] Environmental Impact Statement; Sergeant Bluff Interchange to the South BILLING CODE 4710–27–P Woodbury County, IA Dakota State border. As part of the National Environmental AGENCY: Federal Highway Policy Act (NEPA) process, FHWA will Administration (FHWA), DOT. DEPARTMENT OF TRANSPORTATION be preparing an EIS to assess the social, ACTION: Notice of intent. economic, and environmental impacts Federal Aviation Administration of the proposed project. The EIS will SUMMARY: The FHWA is issuing this include a reasonable range of Commercial Space Transportation notice to advise the public of its intent alternatives that will address the Advisory Committee; Renewal to prepare an Environmental Impact purpose and need of the project as well Statement (EIS) for a proposed Interstate as a no-build alternative. AGENCY: Federal Aviation 29 corridor study in Sioux City, Iowa Administration (FAA), DOT. A Public Involvement Plan will be from the Sioux Gateway Airport/ established and will facilitate public ACTION: Notice of renewal. Sergeant Bluff Interchange to the South involvement through the project Dakota State border. SUMMARY: Pursuant to Section development process. The resource 14(a)(2)(A) of the Federal Advisory FOR FURTHER INFORMATION CONTACT: Lisa agencies will be solicited for their input Committee Act (Public Law 92–463, 5 Rold, Transportation Engineer, FHWA throughout the life of this project. U.S.C. App. 2), and 5 U.S.C. 552b(c), Iowa Division Office, 105 Sixth Street, Throughout the development process, and in accordance with section 102– Ames, IA, Ph. (515) 233–7307; or James advance notice of the time and place of 3.65, title 41 of the Code of Federal P. Rost, Director, Office of Location and public meetings and/or hearings will be Regulations, notice is hereby given that Environment, Iowa Department of given in order to provide an opportunity the Commercial Space Transportation Transportation, 800 Lincoln Way, Ames, for citizen attendance and comments. Advisory Committee (COMSTAC) has IA 50010, Ph. (515) 239–1225. The Siouxland Interstate Metropolitan been renewed for a 2-year period SUPPLEMENTARY INFORMATION: Planning Council (SIMPCO), along with beginning October 28, 2004. The Iowa Department of Transportation Electronic Access primary purpose of the Committee is to (DOT), and the City of Sioux City provide information, advice, and An electronic copy of this document conducted a multiphase study to recommendations to the U.S. is available for free download from the determine the existing conditions and to Department of Transportation (DOT) on Federal Bulletin Board (FBB). The FBB develop improvement alternatives. The matters relating to all aspects of the U.S. is a free electronic bulletin board service reports that were generated as a result commercial space transportation of the Superintendent of Documents, of this study include Evaluation of industry. The primary goals of the U.S. Government Printing Office (GPO). Existing Conditions, I–29 Corridor Committee are to evaluate economic, The FBB may be accessed in four Study, Sioux Gateway Interchange to technological, and institutional ways: (1) Via telephone in dial-up mode South Dakota Border, February 1993, developments relating to the industry; or via the Internet through (2) telnet, (3) Development of Alternative to provide a forum for the discussion of FTP, and (4) the World Wide Web. Improvement Schemes, I–29 Corridor problems involving the relationship For dial-in mode a user needs a Study, Sioux Gateway Airport to South between industry activities and personal computer, modem, Dakota Border, June 1996, Refinement of government requirements; and to make telecommunications software package Selected Improvement Concepts, I–29 recommendations to DOT on issues and and telephone line. A hard disk is Corridor Study, Sioux Gateway approaches for Federal policies and recommended for file transfers. Interchange to South Dakota Border, programs regarding the industry. The For Internet access a user needs January 1997, and Refinement of Committee will operate in accordance Internet connectivity. Users can telnet Selected Improvement Concepts, I–29 with the rules of the Federal Advisory or FTP to: fedbbs.access.gpo.gov. Users Corridor Study, Sioux Gateway

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Interchange to South Dakota Border, The Valley Railroad Company action is taken. Comments received after July 1997. [Waiver Petition Docket Number FRA–2004– that date will be considered as far as Letters describing the proposed action 19259] practicable. All written communications and soliciting comments will be sent to The Valley Railroad Company (VALE) concerning these proceedings are appropriate Federal, State, and local of Essex, Connecticut, operator of a available for examination during regular business hours (9 a.m.–5 p.m.) at the agencies, and to private organizations scenic railroad on leased track, seeks above facility. All documents in the and citizens who have previously waivers from certain provisions of 49 CFR part 231, 49 CFR part 223, and 49 public docket are also available for expressed or are known to have interest inspection and copying on the Internet in this proposal. A series of public CFR part 229 for an 80-ton diesel- electric locomotive built by General at the docket facility’s Web site at meetings will be held throughout the http://dms.dot.gov. study process. In addition, a public Electric in 1937 and currently numbered VALE 0901. Anyone is able to search the hearing will be held. Public notice will electronic form of all comments be given of the time and place of the The specific sections from which relief is requested and the justifications received into any of our dockets by the meetings and hearing. The draft EIS will for such relief are as follows: (1) name of the individual submitting the be available for public and agency Switching steps of the type required by comment (or signing the comment, if review and comment prior to the public 49 CFR part 231.30(a)–(f) are not submitted on behalf of an association, hearing. A formal scoping meeting with permitted by the frame construction of business, labor union, etc.). You may resource agencies will be scheduled. the locomotive. Instead, it is equipped review DOT’s complete Privacy Act Resource agencies will be notified 30 with four side ladders which give access Statement in the Federal Register days prior to the meeting date. to the walkways near each corner of the published on April 11, 2000 (Volume To ensure that the full range of issues locomotive. (2) Glazing in the 65, Number 70; Pages 19477–78). The related to this proposed action are locomotive is not compliant with 49 statement may also be found at http:// addressed and all significant issues CFR part 223.11; however, the current dms.dot.gov. identified, comments, and suggestions glazing is automotive style safety glass, Issued in Washington, DC on November 5, are invited from all interested parties. and VALE reports they operate in a rural 2004. Comments or questions concerning this area and have had few incidents of Grady C. Cothen, Jr., proposed project and EIS should be rocks being thrown at their trains, and Acting Associate Administrator for Safety. directed to the FHWA or Iowa no incidents of rocks being thrown at a [FR Doc. 04–25561 Filed 11–17–04; 8:45 am] locomotive. (3) The locomotive has Department of Transportation at the BILLING CODE 4910–06–P address provided in the caption FOR never been equipped with a ‘‘slip/slide alarm’’ as required by 49 CFR part FURTHER INFORMATION CONTACT. 229.115; however, VALE reports that it DEPARTMENT OF TRANSPORTATION (Catalog of Federal Domestic Assistance will be operating at speeds less than 20 Program Number 20.205, Highway Planning mph and with trains weighing less than Federal Railroad Administration and Construction. The regulations 500 tons. (4) This locomotive is implementing Executive Order 12372 equipped with a single headlamp on Notice of Application for Approval of regarding intergovernmental consultation on each end which does not meet the Discontinuance or Modification of a Federal programs and activities apply to this requirements of 49 CFR part 229.125(a) Railroad Signal System or Relief From program) for road locomotives, but which does the Requirements of Title 49 Code of (Authority: 23 U.S.C. 315; 49 CFR 1.48) meet the requirements for locomotives Federal Regulations Part 236 used in switching service given in 49 Dated: November 10, 2004. Pursuant to Title 49 Code of Federal Phil Barnes, CFR part 229.125(b). Again, VALE states that this is sufficient due to the speed Regulations (CFR) part 235 and 49 Division Administrator, FHWA Iowa Division. limit of 20 miles per hour. U.S.C. 20502(a), the following railroad [FR Doc. 04–25544 Filed 11–17–04; 8:45 am] Interested parties are invited to has petitioned the Federal Railroad BILLING CODE 4910–22–P participate in these proceedings by Administration (FRA) seeking approval submitting written views, data, or for the discontinuance or modification comments. FRA does not anticipate of the signal system or relief from the DEPARTMENT OF TRANSPORTATION scheduling a public hearing in requirements of 49 CFR Part 236 as connection with these proceedings since detailed below. Federal Railroad Administration the facts do not appear to warrant a Docket No. FRA–2004–19466 hearing. If any interested party desires Petition for Waiver of Compliance an opportunity for oral comment, they Applicant: Canadian National should notify FRA, in writing, before Railroad, Wisconsin Central Division, In accordance with part 211 of Title the end of the comment period and Mr. John P. Rath, Manager of Signal 49 Code of Federal Regulations (CFR), specify the basis for their request. Installations, Signal and notice is hereby given that the Federal All communications concerning these Communications, 1625 Depot Street, Railroad Administration (FRA) has proceedings should identify the Stevens Point, Wisconsin, 54481. received a request for a waiver of appropriate docket number (e.g., Waiver The Canadian National Railroad seeks compliance with certain requirements of Petition Docket Number FRA–2004– approval of the proposed its safety standards. The individual 19259) and must be submitted to the discontinuance and removal of the petition is described below, including Docket Clerk, DOT Docket Management power-operated derails at CP North the party seeking relief, the regulatory Facility, Room PL–401 (Plaza Level), Pokegema, milepost 14.7, and CP South provisions involved, the nature of the 400 7th Street, SW., Washington, DC Pokegema, milepost 16.9, on the Duluth, relief being requested, and the 20590. Communications received within Missabe, Iron Range Railroad, Interstate petitioner’s arguments in favor of relief. 30 days of the date of this notice will Branch Subdivision, and on the former be considered by FRA before final Duluth, Winnipeg and Pacific Railway,

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at Pokegema Yard, near Superior, DEPARTMENT OF TRANSPORTATION docket number and must be submitted Wisconsin. to the Docket Clerk, DOT Central Docket Federal Railroad Administration The reason given for the proposed Management Facility, Room PL–401 (Plaza Level), 400 7th Street, SW., changes is to simplify operations and Notice of Application for Approval of the physical plant. Washington, DC 20590–0001. Discontinuance or Modification of a Communications received within 45 Any interested party desiring to Railroad Signal System or Relief From days of the date of this notice will be protest the granting of an application the Requirements of Title 49 Code of considered by the FRA before final shall set forth specifically the grounds Federal Regulations Part 236 action is taken. Comments received after upon which the protest is made, and Pursuant to Title 49 Code of Federal that date will be considered as far as include a concise statement of the Regulations (CFR) part 235 and 49 practicable. All written communications interest of the party in the proceeding. U.S.C. 20502(a), the following railroad concerning these proceedings are Additionally, one copy of the protest has petitioned the Federal Railroad available for examination during regular shall be furnished to the applicant at the Administration (FRA) seeking approval business hours (9 a.m.–5 p.m.) at the address listed above. for the discontinuance or modification above facility. All documents in the All communications concerning this of the signal system or relief from the public docket are also available for proceeding should be identified by the requirements of 49 CFR part 236 as inspection and copying on the Internet at the docket facility’s Web site at docket number and must be submitted detailed below. http://dms.dot.gov. to the Docket Clerk, DOT Central Docket Docket No. FRA–2004–19467 Management Facility, Room PL–401 FRA wishes to inform all potential Applicant: Canadian National commenters that anyone is able to (Plaza Level), 400 7th Street, SW., Railroad, Wisconsin Central Division, Washington, DC 20590–0001. search the electronic form of all Mr. John P. Rath, Manager of Signal comments received into any of our Communications received within 45 Installations, Signal and dockets by the name of the individual days of the date of this notice will be Communications, 1625 Depot Street, submitting the comment (or signing the considered by the FRA before final Stevens Point, Wisconsin, 54481. comment, if submitted on behalf of an The Canadian National Railroad (CN) action is taken. Comments received after association, business, labor union, etc.). seeks approval for the proposed that date will be considered as far as You may review DOT’s complete temporary discontinuance of the practicable. All written communications Privacy Act Statement in the Federal interlocked signal system, on the single concerning these proceedings are Register published on April 11, 2000 main track movable bridge, at milepost available for examination during regular (Volume 65, Number 70; Pages 19477– business hours (9 a.m.–5 p.m.) at the 182.3 on the Wisconsin Central Division, Manistique Subdivision, at 78) or you may visit http://dms.dot.gov. above facility. All documents in the FRA expects to be able to determine public docket are also available for Sault Ste. Marie, Michigan, during the winter for approximately three months. these matters without an oral hearing. inspection and copying on the internet The proposal is to lock down the bridge However, if a specific request for an oral at the docket facility’s Web site at for rail traffic, and take the signal hearing is accompanied by a showing http://dms.dot.gov. system out of service on or about that the party is unable to adequately FRA wishes to inform all potential February 1 of each year, for present his or her position by written commenters that anyone is able to approximately three months once the statements, an application may be set search the electronic form of all canal is closed to marine traffic. In the for public hearing. comments received into any of our spring, prior to restoring the signal Issued in Washington, DC on November 5, dockets by the name of the individual system to service, the signal system will 2004. submitting the comment (or signing the be completely tested in accordance with Grady C. Cothen, Jr., comment, if submitted on behalf of an Federal Regulations. Acting Associate Administrator for Safety association, business, labor union, etc.). The reason given for the proposed Standards. You may review DOT’s complete changes is that CN currently does not [FR Doc. 04–25564 Filed 11–17–04; 8:45 am] have approval to temporarily take the Privacy Act Statement in the Federal BILLING CODE 4910–06–P signal system out of service during the Register published on April 11, 2000 winter months, when the canal is closed (Volume 65, Number 70; Pages 19477– to marine traffic. Historically, it has DEPARTMENT OF TRANSPORTATION 78) or you may visit http://dms.dot.gov. been the practice to suspend the signal FRA expects to be able to determine system on this bridge during the winter, Federal Railroad Administration these matters without an oral hearing. ever since the installation of the bridge However, if a specific request for an oral signal system in 1962. FRA took Notice of Application for Approval of hearing is accompanied by a showing exception to this practice in 2004, and Discontinuance or Modification of a that the party is unable to adequately this request is being made to attain Railroad Signal System or Relief From present his or her position by written compliance. the Requirements of Title 49 Code of statements, an application may be set Any interested party desiring to Federal Regulations Part 236 for public hearing. protest the granting of an application shall set forth specifically the grounds Pursuant to Title 49 Code of Federal Issued in Washington, DC on November 5, upon which the protest is made, and Regulations (CFR) part 235 and 49 2004. include a concise statement of the U.S.C. 20502(a), the following railroad Grady C. Cothen, Jr., interest of the party in the proceeding. has petitioned the Federal Railroad Acting Associate Administrator for Safety Additionally, one copy of the protest Administration (FRA) seeking approval Standards. shall be furnished to the applicant at the for the discontinuance or modification [FR Doc. 04–25560 Filed 11–17–04; 8:45 am] address listed above. of the signal system or relief from the BILLING CODE 4910–06–P All communications concerning this requirements of 49 CFR part 236 as proceeding should be identified by the detailed below.

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Docket Number FRA–2004–19465 FRA expects to be able to determine The reason given for the proposed Applicant: Central Oregon and Pacific these matters without an oral hearing. change is to eliminate facilities no Railroad, Mr. Dan Lovelady, General However, if a specific request for an oral longer needed in present day operation. Manager, 333 S. E. Mosher, Roseburg, hearing is accompanied by a showing Any interested party desiring to Oregon 97470. that the party is unable to adequately protest the granting of an application present his or her position by written The Central Oregon and Pacific shall set forth specifically the grounds statements, an application may be set Railroad seeks approval of the proposed upon which the protest is made, and for public hearing. discontinuance and removal of the include a concise statement of the automatic block signal system, on the Issued in Washington, DC on November 5, interest of the party in the proceeding. main track between Roseburg, Oregon, 2004. Additionally, one copy of the protest milepost, 575.2 and Springfield, Oregon, Grady C. Cothen, Jr., shall be furnished to the applicant at the milepost 644.0, on the System Division, Acting Associate Administrator for Safety. address listed above. Roseburg Subdivision, a distance of [FR Doc. 04–25563 Filed 11–17–04; 8:45 am] All communications concerning this approximately 69 miles, and govern BILLING CODE 4910–06–P train movements by Track Warrant proceeding should be identified by the Control. docket number and must be submitted The reasons given for the proposed DEPARTMENT OF TRANSPORTATION to the Docket Clerk, DOT Central Docket changes are the maximum authorized Management Facility, Room PL–401 speed is 25 mph, only five trains daily Federal Railroad Administration (Plaza Level), 400 7th Street, SW., operate over the trackage, the required Washington, DC 20590–0001. capital expense for maintenance of the Notice of Application for Approval of Communications received within 45 signal system, and the semaphore Discontinuance or Modification of a days of the date of this notice will be signals used on a portion of the line are Railroad Signal System or Relief From considered by the FRA before final the Requirements of Title 49 Code of obsolete and replacement parts are no action is taken. Comments received after Federal Regulations Part 236 longer available. that date will be considered as far as Any interested party desiring to practicable. All written communications protest the granting of an application Pursuant to Title 49 Code of Federal Regulations (CFR) part 235 and 49 concerning these proceedings are shall set forth specifically the grounds available for examination during regular upon which the protest is made, and U.S.C. 20502(a), the following railroad has petitioned the Federal Railroad business hours (9 a.m.–5 p.m.) at the include a concise statement of the above facility. All documents in the interest of the party in the proceeding. Administration (FRA) seeking approval public docket are also available for Additionally, one copy of the protest for the discontinuance or modification inspection and copying on the Internet shall be furnished to the applicant at the of the signal system or relief from the at the docket facility’s Web site at address listed above. requirements of 49 CFR part 236 as All communications concerning this detailed below. http://dms.dot.gov. proceeding should be identified by the Docket Number FRA–2004–19393 FRA wishes to inform all potential docket number and must be submitted commenters that anyone is able to to the Docket Clerk, DOT Central Docket Applicant: CSX Transportation, search the electronic form of all Management Facility, Room PL–401 Incorporated, Mr. N. M. Choat, Chief comments received into any of our (Plaza Level), 400 7th Street, SW., Engineer, Communications and Signal, dockets by the name of the individual Washington, DC 20590–0001. 4901 Belfort Road, Suite 130, submitting the comment (or signing the Communications received within 45 Jacksonville, Florida 32256. comment, if submitted on behalf of an days of the date of this notice will be CSX Transportation, Incorporated association, business, labor union, etc.). considered by the FRA before final seeks approval of the proposed You may review DOT’s complete action is taken. Comments received after modification of the traffic control Privacy Act Statement in the Federal that date will be considered as far as system, on the single main track, siding, Register published on April 11, 2000 practicable. All written communications and auxiliary track, on the LH & STL (Volume 65, Number 70; Pages 19477– concerning these proceedings are Subdivision, Louisville Service Lane, in 78) or you may visit http://dms.dot.gov. available for examination during regular Kentucky, consisting as follows: FRA expects to be able to determine business hours (9 a.m.–5 p.m.) at the 1. At W.E. Maceo, milepost HR–104.5, these matters without an oral hearing. above facility. All documents in the convert the power-operated switch to public docket are also available for electrically locked hand operation, However, if a specific request for an oral inspection and copying on the Internet remove the three associated controlled hearing is accompanied by a showing at the docket facility’s Web site at signals, and remove the signal system that the party is unable to adequately http://dms.dot.gov. from the siding; present his or her position by written FRA wishes to inform all potential statements, an application may be set 2. At E.E. Maceo, milepost HR–103.8, commenters that anyone is able to for public hearing. convert the power-operated switch to search the electronic form of all electrically locked hand operation, and Issued in Washington, DC on November 5, comments received into any of our remove the three associated controlled 2004. dockets by the name of the individual signals; submitting the comment (or signing the Grady C. Cothen, Jr., comment, if submitted on behalf of an 3. At Stephensport, milepost HR–65.2, Acting Associate Administrator for Safety. association, business, labor union, etc.). convert the power-operated switch to [FR Doc. 04–25562 Filed 11–17–04; 8:45 am] You may review DOT’s complete hand operation, and remove the three BILLING CODE 4910–06–P Privacy Act Statement in the Federal associated controlled signals; and Register published on April 11, 2000 4. Near milepost HR–63.2, remove (Volume 65, Number 70; Pages 19477– back-to-back automatic intermediate 78) or you may visit http://dms.dot.gov. signals No. 631 and No. 632.

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DEPARTMENT OF TRANSPORTATION special needs should call DLNR at (808) The project area is located within the 587–0230 at least 72 hours prior to the limits of the Special Management Area Federal Transit Administration scoping meeting. for the island of Maui and is also ADDRESSES: Written comments should situated within the boundaries of Preparation of Environmental Impact be sent to State of Hawaii, Department Historic District No. 1, one of two Statement for the Lahaina Small Boat of Land and Natural Resources, County Historic districts in the town of Harbor Ferry Pier in Maui County, HI Attention: Eric Hirano, Chief Engineer, Lahaina. AGENCY: Federal Transit Administration Engineering Division, P.O. Box 373, Coastal waters to the south of the (FTA), Department of Transportation Honolulu, Hawaii, 96809. Phone: (808) proposed ferry pier are occupied by the (DOT). 587–0230. Fax: (808) 587–0283. E-mail: existing pier and the Lahaina Small Boat [email protected]. If you wish to Harbor, while waters to the north are ACTION: Notice of intent to prepare an undeveloped. Approximately 100 feet to Environmental Impact Statement (EIS). be placed on the mailing list to receive further information as the EIS study the west of the existing pier lies the SUMMARY: The Federal Transit develops, contact Eric Hirano at the seaward end of the harbor’s breakwater. Administration and the State of Hawaii, address listed above. Please specify the Paralleling the shoreline, the breakwater Department of Land and Natural mailing list for the Lahaina Small Boat is located about 200 feet from shore and Resources (DLNR) intend to jointly Harbor Ferry Pier Environmental Impact is nearly 1,000 feet in length. The project area is situated along the prepare an Environmental Impact Statement. Copies of the scoping western extent of Lahaina’s business Statement on a proposal by DLNR to information packet which includes district. Numerous retail stores and build an additional ferry pier next to the rough sketches of the various services are located along Front Street, existing pier in the Lahaina Small Boat alternatives under consideration can the major venue for commercial activity Harbor, within the boundaries of the also be obtained by contacting Eric in Lahaina Town. The Lahaina Public Lahaina National Historic Landmark Hirano as indicated above. Library, and the historic Pioneer Inn, as District on the west coast of the island FOR FURTHER INFORMATION CONTACT: well as other historic sites such as the of Maui, Hawaii. The proposed project Donna Turchie, Federal Transit Hauola Stone, the Brick Palace, the Old would include construction of an Administration, 201 Mission Street, Fort, the Lahaina Courthouse, and the additional pier and to dredge the harbor. Suite 2210, San Francisco, CA 94105. Banyan Tree are located in the vicinity The existing ferry facility at times is Phone: (415) 744–2737. Fax: (415) 794– of the proposed project. unable to load or unload inter-island 2726. III. Purpose and Need ferry passengers in a timely manner due SUPPLEMENTARY INFORMATION: to ship traffic and related onshore The existing pier at Lahaina Small activities. The proposed project is I. Scoping Boat Harbor is about 66 feet in width intended to improve existing operating The FTA and DLNR invite all and 120 feet in length. The conditions at the harbor by alleviating interested individuals and approximately 8,000 square foot pier ship traffic and harbor congestion. organizations, and federal, state, and contains a harbor master’s office, a ferry The EIS will be prepared to satisfy the local agencies to comment on the scope kiosk, and diesel fuel dispensing and requirements of the National of the EIS. During the scoping process, sewage pumping facilities. The existing Environmental Policy Act of 1969 comments should focus on proposing pier is used for loading and unloading (NEPA). FTA and DLNR seek public and alternatives that may be less costly or passengers onto recreational and interagency input on the scope of the have less environmental impacts while commercial vessels, including cruise NEPA EIS for the project, including the achieving similar transportation ship tenders (i.e., shuttle craft) and alternatives to be considered and the objectives, and on identifying specific inter-island ferry vessels. The pier environmental impacts to be evaluated. social, economic, or environmental provides berthing for the Carthaginian DATES: Scoping Comments Due Date: issues to be evaluated. At this time, II, a replica of a whaling ship which Written comments on the scope of the comments should not focus on a serves as a floating museum. The pier is NEPA review, including the alternatives preference for a particular alternative. also used by surfers to gain access to to be considered and the related impacts Additional opportunities for public nearby surf spots. to be assessed, should be received no participation will be announced through Since the late 1980s, inter-island ferry later than January 7, 2005. Written mailings, notices, advertisements, and service between Lanai and Maui, as well comments should be sent to the DLNR press releases. as Molokai and Maui, has been provided Project Manager at the address given FTA must also comply with other by private operators. Presently, the below in ADDRESSES. environmental requirements, such as Lahaina/Lanai ferry schedules five daily Scoping Meeting Date: A public Section 4(f) of the Department of round trips between the Lahaina and scoping meeting and open house will be Transportation Act (49 U.S.C. 303) and Manele Small Boat Harbors. The held at 6 p.m. on December 8, 2004 at Section 106 of the National Historic Molokai/Maui ferry schedules two the Lahaina Intermediate School, Preservation Act and Title VI of the round trips a day between the Lahaina cafeteria, located at 871 Lahainaluna Civil Rights Act of 1964, that apply to Small Boat Harbor and the Kaunakakai Road, in the Town of Lahaina. Oral and Federal actions. Harbor on Mondays through Saturdays. written comments may be given at the On Sundays, the Molokai/Maui ferry scoping meeting, and a stenographer II. Description of Study Area makes a one way trip from Molokai to will record oral comments. The formal The proposed ferry pier Maui. At times, the inter-island ferry scoping meeting will be preceded by an improvements are located in the vessels are unable to load or unload open house from 4 p.m. to 6 p.m. Lahaina Small Boat Harbor, within the their passengers in a timely manner due allowing the public to discuss the EIS boundaries of the Lahaina National to ship traffic and related onshore scope and proposed project informally Historic Landmark District, an area activities. with DLNR staff and project consultant listed on the National Register of The Lahaina Small Boat Harbor team. The meeting location is accessible Historic Places, on the west coast of the contains 100 berths for recreational and to people with disabilities. Persons with island of Maui, Hawaii. commercial craft. Presently, there are 59

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individuals on the waiting list for berths composite deck. A concrete walkway and potential use impacts to these at the harbor. On ‘‘Boat Days’’, when and gangway ramp (8 ft. width x 60 ft. facilities. cruise ships are in port, the harbor is length) would link the multi-purpose • Existing baseline conditions and one of the busiest in the State. On these pier with the initial ferry pier as potential impacts to marine life, water days, the activity level at the existing presented in alternative 2, at a point quality, and littoral processes. pier is heightened by the additional about 24 to 30 feet from the shoreline. • Surrounding structures and uses in traffic generated by cruise ship tenders. At its nearest point, the multi-purpose the area and potential impacts to vehicle ‘‘Boat Day’’ conditions are further pier would lie approximately 60 feet and pedestrian traffic, open space areas, constrained when there are military from the Hauola Stone (a historic site). ocean and mountain views, and lateral vessels or two or more cruise ships in New dredging will be required to widen views along the shoreline. port. During normal conditions, routine existing entrance channel and create V. Probable Effects refueling and sewage pump-out berthing areas. The EIS will evaluate and fully activities at the pier add to vessel traffic 4. Initial Ferry Pier with Building disclose the environmental congestion. The proposed project is Alternative—A two-story building (32 consequences of building Lahaina Small intended to improve existing operating feet in height) was proposed as a Boat Harbor Ferry Pier Improvements in conditions at the Lahaina Small Boat possible addition to the new ferry pier. advance of any decision by FTA to Harbor by alleviating ship traffic and The ground level of the building would commit financial or other resources harbor congestion. include about 4,500 square feet of open toward the implementation of a area for passenger arrivals and IV. Alternatives particular alternative. The EIS will departures, while the second level examine the socio-economic and During the project’s preliminary would contain a total floor area of environmental impacts of the conceptual development process, use approximately 2,970 square feet which alternatives. In addition, it will discuss and operational factors were examined would include public restrooms, a actions to reduce or eliminate any with regard to the proposed ferry pier janitor’s closet, a wrap-around deck and adverse impacts. and comfort station improvements. This 1,175 square feet of area for office and evaluation included an examination of Environmental issues to be analyzed concession space. Stairs and an elevator existing harbor facilities and activities in the EIS include: near-shore marine would provide pedestrian access with regard to current ferry and cruise environmental impacts, flora and fauna between levels. New dredging will be ship operations and comfort station use, impacts, air quality impacts, noise required to widen existing entrance as well as the provision of a new impacts, scenic and open space impacts, channel and create additional berthing berthing area for the replacement vessel as well as impacts to the socio-economic areas. for the Carthaginian II and for surfer environment and public services. access to the nearby ‘‘Harbor’’ and 5. Modified Ferry Pier Alternative— Impacts to infrastructure will also be ‘‘Breakwall’’ surf spots. Preliminary Based upon comments received during assessed including changes to roadway conceptual plans for the proposed the stakeholders’ meeting, DLNR re- levels of service; impacts on project were presented at a stakeholders’ evaluated and modified their conceptual surrounding land use, including meeting on April 8, 2004. plans for the ferry pier. The DLNR’s consistency of proposed improvements In light of the foregoing conceptual modified plan proposes a new ferry pier with local plans and policies; and plan development by DLNR, FTA 35 feet wide and 116 feet long, a potential impacts to historic and proposes to evaluate the following concrete walkway 16 feet wide and 60 cultural resources. Cumulative and alternatives in the EIS: feet long with safety railings that will growth-inducing impacts will be 1. Future No Build Alternative—This connect to the existing pier, a shade examined. Impacts will be evaluated for alternative would maintain present structure on the new ferry pier, a small both the temporary construction period physical conditions and existing floating platform with a moveable and for the long-term operation of the operating policies as ship traffic at the gangway, and dredging to widen the alternatives. Measures to mitigate any Lahaina Small Boat Harbor grows. entrance channel and berthing area to adverse impacts will be identified. 2. Initial Ferry Pier Alternative—This accommodate docking of two vessels To ensure that all significant issues alternative sited the new pier about 60 (one on each side of the new pier) up related to this proposed action are feet to the north of the existing pier. The to 101 feet in length with a beam of 24 identified and addressed, scoping proposed pier would consist of a feet. A low-rise, open-sided roofed comments and suggestions are invited concrete and sheet pile system structure structure, which would cover a portion from all interested parties. Comments that would be 48 feet in width and of the existing pier is currently being should be directed to the DLNR as noted nearly 146 feet in length. A ramp (25 ft. evaluated by the DLNR for inclusion as in the ADDRESSES section above. width x 53 ft. length) would provide a project component. pedestrian access between the shoreline Any additional reasonable VI. FTA Procedures and the new ferry pier. New dredging alternatives that emerge from the The EIS is being prepared in will be required to widen existing scoping process will also be considered. accordance with the National entrance channel and create additional The formulation of preferred and Environmental Policy Act of 1969 berthing areas. alternative design schemes is an (NEPA), its implementing regulations by 3. Initial Ferry Pier with Multi- iterative process and will need to the Council on Environmental Quality Purpose Pier Alternative—The multi- consider various factors including, but (40 CFR parts 1500–1508), and with the purpose pier (15 ft. width x 90 ft. not limited to the following: FTA/Federal Highway Administration’s length) presented at the stakeholders’ • The location of historic sites in the ‘‘Environmental Impact and Related meeting would provide a berthing area area and potential proximity impacts to Procedures’’ (23 CFR part 771). In for the Carthaginian II or its replacement those sites. accordance with FTA policy, the NEPA vessel and provide surfer access to • The location of existing facilities in process will also address the nearby surf breaks. The multi-purpose the area, such as the Pioneer Inn, the requirements of other applicable pier would be secured by concrete Lahaina Public Library, and King environmental laws, regulations and pilings and contain a floating, molded Kamehameha III Elementary School, executive orders, such as the National

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Historic Preservation Act of 1966, comments to applicant’s representative: asserts that the proposed transaction Section 4(f) of the U.S. Department of Stephen Flott, Flott & Co. PC, PO Box will allow CUSA to extend its Transportation Act, and Executive 17655, Arlington, VA 22216–7655. advantages of volume purchasing power Orders on Environmental Stewardship FOR FURTHER INFORMATION CONTACT: Eric in areas such as equipment and fuel to and Transportation Infrastructure S. Davis, (202) 565–1608. [Federal this new acquisition. Additional Project Reviews, Environmental Justice, Information Relay Service (FIRS) for the information, including a copy of the Floodplain Management, and Protection hearing impaired: 1–800–877–8339.] application, may be obtained from of Wetlands. SUPPLEMENTARY INFORMATION: CUSA, applicant’s representative. Upon completion, the Draft EIS will CUSA FL’s parent company, controls be distributed for public and agency On the basis of the application, the over 20 Federal Motor Carrier Safety review and comment. A public hearing Board finds that the proposed Administration (FMCSA) registered transaction is consistent with the public on the Draft EIS will be held within the motor passenger carriers, and, in turn, is study area. Based on the Draft EIS and interest and should be authorized. If any wholly owned by KBUS Holdings, LLC opposing comments are timely filed, the public and agency comments (KBUS), a noncarrier. KBUS acquired this finding will be deemed vacated received, FTA and DLNR may further control of over 30 motor passenger and, unless a final decision can be made refine and analyze the alternatives in carriers formerly owned by Coach USA, the Final EIS. Inc., and then consolidated those on the record as developed, a Issued on: November 10, 2004. entities into the motor passenger procedural schedule will be adopted to Leslie T. Rogers, carriers now controlled by CUSA.1 reconsider the application. See 49 CFR Regional Administrator. These carriers operate more than 1,000 1182.6(c). If no opposing comments are filed by the expiration of the comment [FR Doc. 04–25591 Filed 11–17–04; 8:45 am] coaches and 600 other revenue vehicles period, this decision will take effect BILLING CODE 4910–57–P in 35 states. Annual revenues for the companies controlled by CUSA for 2004 automatically and will be the final are forecast to be $220 million. Board action. DEPARTMENT OF TRANSPORTATION Applicant has entered into an Board decisions and notices are agreement with Pacific Coast to buy available on our Web site at http:// Surface Transportation Board Pacific Coast’s assets, including www.stb.dot.gov. vehicles, and its business operations. [STB Docket No. MC–F–21011] CUSA FL holds motor common carrier This decision will not significantly affect either the quality of the human CUSA FL, LLC d/b/a Franciscan passenger authority for charter and environment or the conservation of Lines—Acquisition of Assets and special operations and for regular route Business Operations—Pacific Coast operations and contract carrier authority energy resources. Bus Service, Inc. under MC–463273. Once this It is ordered: transaction is consummated, the Federal AGENCY: Surface Transportation Board, operating authority currently held by 1. The proposed finance transaction is DOT. seller will be surrendered. approved and authorized, subject to the ACTION: Notice tentatively approving Under 49 U.S.C. 14303(b), the Board filing of opposing comments. finance transaction. must approve and authorize a 2. If timely opposing comments are transaction found to be consistent with filed, the findings made in this decision SUMMARY: CUSA FL, LLC d/b/a the public interest, taking into will be deemed vacated. Franciscan Lines (CUSA FL or consideration at least: (1) The effect of 3. This decision will be effective on applicant), a motor passenger carrier the transaction on the adequacy of controlled by CUSA, LLC (CUSA), has transportation to the public; (2) the total January 3, 2005, unless timely opposing filed an application under 49 U.S.C. fixed charges that result; and (3) the comments are filed. 14303 to acquire control and operate interest of affected carrier employees. 4. A copy of this notice will be served certain assets of Pacific Coast Bus Applicant has submitted information, on: (1) The U.S. Department of Service, Inc. (Pacific Coast or seller), a as required by 49 CFR 1182.2, including Transportation, Federal Motor Carrier motor passenger carrier. The transaction information to demonstrate that the Safety Administration, 400 7th Street, was approved on an interim basis under proposed transaction is consistent with SW., Room 8214, Washington, DC 49 U.S.C. 14303(i), and the Board is now the public interest under 49 U.S.C. 20590; (2) the U.S. Department of tentatively granting permanent 14303(b). Specifically, applicant states Justice, Antitrust Division, 10th Street & approval. Persons wishing to oppose that service to the public will be Pennsylvania Avenue, NW., this application must follow the rules at enhanced in that applicant will employ Washington, DC 20530; and (3) the U.S. 49 CFR 1182.5 and 1182.8. If no the acquired assets and personnel of Department of Transportation, Office of opposing comments are timely filed, seller to expand its service, and that the the General Counsel, 400 7th Street, this notice will be the final Board proposed transaction will ensure that SW., Washington, DC 20590. action. there is no cessation in seller’s Decided: November 12, 2004. DATES: Comments must be filed by operations. Also, CUSA FL states that January 3, 2005. Applicant may file a the proposed transaction will have no By the Board, Chairman Nober, Vice reply by January 18, 2005. If no effect on fixed charges or employees. Chairman Mulvey, and Commissioner comments are filed by January 3, 2005, Applicant states that all qualified Buttrey. this notice is effective on that date. Pacific Coast employees who desire Vernon A. Williams, ADDRESSES: Send an original and 10 employment will be offered Secretary. copies of any comments referring to STB employment with CUSA FL. CUSA FL [FR Doc. 04–25611 Filed 11–17–04; 8:45 am] Docket No. MC–F–21011 to: Surface BILLING CODE 4915–01–P 1 See KBUS Holdings, LLC—Acquisition of Assets Transportation Board, 1925 K Street, and Business Operations—All West Coachlines, NW., Washington, DC 20423–0001. In Inc., et al., STB Docket No. MC–F–21000 (STB addition, send one copy of any served July 23, 2003).

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DEPARTMENT OF TRANSPORTATION rail service on the line (or by a State or Surface Transportation Board, 1925 K local government entity acting on behalf Street, NW., Washington, DC 20423– Surface Transportation Board of such user) regarding cessation of 0001. service over the line either is pending A copy of any petition filed with the Release of Waybill Data with the Surface Transportation Board Board should be sent to NSR’s The Surface Transportation Board has or with any U.S. District Court or has representative: James R. Paschall, received a request from Mayer, Brown, been decided in favor of complainant General Attorney, Norfolk Southern Rowe & Maw on behalf of The within the 2-year period; and (4) the Corporation, Three Commercial Place, Burlington Northern and Santa Fe requirements at 49 CFR 1105.7 Norfolk, VA 23510–2191. Railway Company (BNSF) (WB461–11— (environmental reports), 49 CFR 1105.8 If the verified notice contains false or 10/20/2004) for permission to use (historic reports), 49 CFR 1105.11 misleading information, the exemption certain data from the Board’s Carload (transmittal letter), 49 CFR 1105.12 is void ab initio. Waybill Samples. A copy of this request (newspaper publication), and 49 CFR NSR has filed environmental and may be obtained from the Office of 1152.50(d)(1) (notice to governmental historic reports which address the Economics, Environmental Analysis, agencies) 2 have been met. effects, if any, of the abandonment on and Administration. As a condition to this exemption, any the environment and historic resources. The waybill sample contains employee adversely affected by the SEA will issue an environmental confidential railroad and shipper data; abandonment shall be protected under assessment (EA) by November 23, 2004. therefore, if any parties object to these Oregon Short Line R. Co.— Interested persons may obtain a copy of requests, they should file their Abandonment—Goshen, 360 I.C.C. 91 the EA by writing to SEA (Room 500, objections with the Director of the (1979). To address whether this Surface Transportation Board, Board’s Office of Economics, condition adequately protects affected Washington, DC 20423–0001) or by Environmental Analysis, and employees, a petition for partial calling SEA, at (202) 565–1539. Administration within 14 calendar days revocation under 49 U.S.C. 10502(d) [Assistance for the hearing impaired is of the date of this notice. The rules for must be filed. available through the Federal release of waybill data are codified at 49 Provided no formal expression of Information Relay Service (FIRS) at 1– CFR 1244.9. intent to file an offer of financial 800–877–8339.] Comments on Contact: Mac Frampton, (202) 565– assistance (OFA) has been received, this environmental and historic preservation 1541. exemption will be effective on matters must be filed within 15 days December 18, 2004, unless stayed Vernon A. Williams, after the EA becomes available to the pending reconsideration. Petitions to public. Secretary. stay that do not involve environmental Environmental, historic preservation, [FR Doc. 04–25610 Filed 11–17–04; 8:45 am] issues,3 formal expressions of intent to public use, or trail use/rail banking BILLING CODE 4915–01–P file an OFA under 49 CFR conditions will be imposed, where 1152.27(c)(2),4 and trail use/rail banking appropriate, in a subsequent decision. requests under 49 CFR 1152.29 must be DEPARTMENT OF TRANSPORTATION Pursuant to the provisions of 49 CFR filed by November 26, 2004. Petitions to 1152.29(e)(2), NSR shall file a notice of reopen or requests for public use Surface Transportation Board consummation with the Board to signify conditions under 49 CFR 1152.28 must that it has exercised the authority [STB Docket No. AB–290 (Sub-No. 256X)] be filed by December 8, 2004, with: granted and fully abandoned the line. If consummation has not been effected by Norfolk Southern Railway Company— 2 Pursuant to 49 CFR 1152.50(d)(1), at least 10 NSR’s filing of a notice of Abandonment Exemption—in Chester days prior to filing a notice of exemption with the County, PA Board, the railroad seeking the exemption must consummation by November 18, 2005, notify in writing certain governmental agencies. and there are no legal or regulatory Norfolk Southern Railway Company The notice of exemption in this proceeding was barriers to consummation, the authority (NSR) has filed a notice of exemption filed on October 28, 2004. In its verified notice, to abandon will automatically expire. applicant attached, as Exhibit 4, a copy of its under 49 CFR 1152 subpart F—Exempt transmittal letter dated October 19, 2004, indicating Board decisions and notices are Abandonments to abandon a 0.8-mile notice of filing a notice of exemption on or about available on our Web site at http:// line of railroad between milepost 18.92 October 29, 2004 with the Board and its compliance www.stb.dot.gov. with the service and notice requirements of 49 CFR and milepost 19.72 at Downingtown, in Decided: November 12, 2004. 1 1152.50(d)(1). According to applicant’s Chester County, PA. The line traverses representative, when applicant sent its transmittal By the Board, David M. Konschnik, United States Postal Service Zip Codes letter, it had anticipated that the Board would Director, Office of Proceedings. receive the filing on October 29, 2004, rather than 19335 and 19372. Vernon A. Williams, NSR has certified that: (1) No local October 28, 2004. Upon consultation with traffic has moved over the line for at applicant, October 29, 2004 is used for the Secretary. computation of due dates in this proceeding. [FR Doc. 04–25612 Filed 11–17–04; 8:45 am] least 2 years; (2) no overhead traffic has 3 The Board will grant a stay if an informed moved over the line for at least 2 years decision on environmental issues (whether raised BILLING CODE 4915–01–P and overhead traffic, if there were any, by a party or by the Board’s Section of could be rerouted over other lines; (3) Environmental Analysis (SEA) in its independent investigation) cannot be made before the DEPARTMENT OF THE TREASURY no formal complaint filed by a user of exemption’s effective date. See Exemption of Out- of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any 1 NSR states that the subject line overlaps 0.28 request for a stay should be filed as soon as possible Submission for OMB Review; miles of a line that was authorized for abandonment so that the Board may take appropriate action before Comment Request in Consolidated Rail Corporation—Abandonment the exemption’s effective date. Exemption—Chester County, PA, Docket No. AB– 4 Effective October 31, 2004, the filing fee for an November 9, 2004. 167 (Sub-No. 1136X) (ICC served Sept. 19, 1994), OFA increased to $1,200. See Regulations The Department of the Treasury has because NSR has not been able to verify that Governing Fees for Services Performed in Consolidated Rail Corporation exercised the Connection with Licensing and Related Services— submitted the following public abandonment authority with respect to that 2004 Update, STB Ex Parte No. 542 (Sub-No. 11) information collection requirement(s) to segment. (STB served Oct. 1, 2004). OMB for review and clearance under the

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Paperwork Reduction Act of 1995, SUMMARY: The Veterans Benefits Abstract: When an insured has been Public Law 104–13. Copies of the Administration (VBA), Department of granted waiver of premium or income submission(s) may be obtained by Veterans Affairs (VA), is announcing an benefits based on total disability, he/she calling the Treasury Bureau Clearance opportunity for public comment on the must report conditions needed to Officer listed. Comments regarding this proposed collection of certain continue disability insurance benefits. information collection should be information by the agency. Under the VA uses the data collected on VA Forms addressed to the OMB reviewer listed Paperwork Reduction Act (PRA) of 29–8313 and 29–8313–1 to determine and to the Treasury Department 1995, Federal agencies are required to the insured’s continuous entitlement to Clearance Officer, Department of the publish notice in the Federal Register disability insurance benefits. Treasury, Room 11000, 1750 concerning each proposed collection of Affected Public: Individuals or Pennsylvania Avenue, NW., information, including each proposed households. Washington, DC 20220. extension of a currently approved Estimated Annual Burden: 15,000 DATES: Written comments should be collection, and allow 60 days for public hours. received on or before December 20, 2004 comment in response to the notice. This Estimated Average Burden Per to be assured of consideration. notice solicits comments on the Respondent: 15 minutes. information needed to determine the Frequency of Response: On occasion. Internal Revenue Service (IRS) insured’s continuous entitlement to Estimated Number of Respondents: OMB Number: 1545–1639. disability insurance benefits. 60,000. Regulation Project Number: REG– DATES: Written comments and Dated: November 5, 2004. 106012–98 Final. recommendations on the proposed By direction of the Secretary. Type of Review: Extension. Title: Definition of Contribution in collection of information should be Cindy Stewart, Aid of Construction under section received on or before January 18, 2005. Program Analyst, Records Management 118(c). ADDRESSES: Submit written comments Service. Description: The regulations provide on the collection of information to [FR Doc. 04–25565 Filed 11–17–04; 8:45 am] guidance with respect to section 118(c), Nancy J. Kessinger, Veterans Benefits BILLING CODE 8320–01–P which provides that a contribution in Administration (20M35), Department of aid of construction received by a Veterans Affairs, 810 Vermont Avenue, regulated public water or sewage utility NW., Washington, DC 20420 or e-mail DEPARTMENT OF VETERANS is treated as a contribution to the capital [email protected]. Please refer to AFFAIRS of the utility and excluded from gross ‘‘OMB Control No. 2900–0153’’ in any [OMB Control No. 2900–0394] income. correspondence. Proposed Information Collection Respondents: Business or other for- FOR FURTHER INFORMATION CONTACT: profit. Nancy J. Kessinger at (202) 273–7079 or Activity: Proposed Collection; Estimated Number of Respondents: FAX (202) 275–5947. Comment Request 300. Estimated Burden Hours Respondent: SUPPLEMENTARY INFORMATION: Under the AGENCY: Veterans Benefits 1 hour. PRA of 1995 (Pub. L. 104–13; 44 U.S.C. Administration, Department of Veterans Frequency of Response: Annually. 3501–21), Federal agencies must obtain Affairs. Estimated Total Reporting Burden: approval from the Office of Management ACTION: Notice. 300 hours. and Budget (OMB) for each collection of Clearance Officer: R. Joseph Durbala information they conduct or sponsor. SUMMARY: The Veterans Benefits (202) 622–3634, Internal Revenue This request for comment is being made Administration (VBA), Department of Service, Room 6516, 1111 Constitution pursuant to Section 3506(c)(2)(A) of the Veterans Affairs (VA), is announcing an Avenue, NW., Washington, DC 20224. PRA. opportunity for public comment on the OMB Reviewer: Joseph F. Lackey, Jr. With respect to the following proposed collection of certain (202) 395–7316, Office of Management collection of information, VBA invites information by the agency. Under the and Budget, Room 10235, New comments on: (1) Whether the proposed Paperwork Reduction Act (PRA) of Executive Office Building, Washington, collection of information is necessary 1995, Federal agencies are required to DC 20503. for the proper performance of VBA’s publish notice in the Federal Register concerning each proposed collection of Lois K. Holland, functions, including whether the information will have practical utility; information, including each proposed Treasury PRA Clearance Officer. (2) the accuracy of VBA’s estimate of the extension of a currently approved [FR Doc. 04–25596 Filed 11–17–04; 8:45 am] burden of the proposed collection of collection, and allow 60 days for public BILLING CODE 4830–01–P information; (3) ways to enhance the comment in response to the notice. This quality, utility, and clarity of the notice solicits comments on information information to be collected; and (4) needed to verify beneficiaries receiving DEPARTMENT OF VETERANS ways to minimize the burden of the Restored Entitlement Program for AFFAIRS collection of information on Survivors (REPS) benefits based on a [OMB Control No. 2900–0153] respondents, including through the use schoolchild enrollment in an approved of automated collection techniques or school. Proposed Information Collection the use of other forms of information DATES: Written comments and Activity: Proposed Collection; technology. recommendations on the proposed Comment Request Title: Disability Benefits collection of information should be Questionnaire, VA Forms 29–8313 and received on or before January 18, 2005. AGENCY: Veterans Benefits Administration, Department of Veterans 29–8313–1. ADDRESSES: Submit written comments Affairs. OMB Control Number: 2900–0153. on the collection of information to Type of Review: Extension of a Nancy J. Kessinger, Veterans Benefits ACTION: Notice. currently approved collection. Administration (20M35), Department of

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Veterans Affairs, 810 Vermont Avenue, (2) the accuracy of VBA’s estimate of the veterans who died in service prior to NW., Washington, DC 20420 or e-mail burden of the proposed collection of August 13, 1981 or who died as a result [email protected]. Please refer to information; (3) ways to enhance the of a service-connected disability ‘‘OMB Control No. 2900–0394’’ in any quality, utility, and clarity of the incurred or aggravated prior to August correspondence. information to be collected; and (4) 13, 1981. Child beneficiaries over age 18 FOR FURTHER INFORMATION CONTACT: ways to minimize the burden of the and under age 23 must be enrolled full- Nancy J. Kessinger at (202) 273–7079 or collection of information on time in an approved post-secondary FAX (202) 275–5947. respondents, including through the use school. SUPPLEMENTARY INFORMATION: Under the of automated collection techniques or Affected Public: Individuals or PRA of 1995 (Pub. L. 104–13; 44 U.S.C. the use of other forms of information households. 3501–3521), Federal agencies must technology. Estimated Annual Burden: 300 hours. obtain approval from the Office of Title: Certification of School Estimated Average Burden Per Management and Budget (OMB) for each Attendance—REPS, VA Form 21–8926. Respondent: 15 minutes. collection of information they conduct OMB Control Number: 2900–0394. Frequency of Response: On occasion. or sponsor. This request for comment is Type of Review: Extension of a Estimated Number of Respondents: being made pursuant to Section currently approved collection. 1,200. 3506(c)(2)(A) of the PRA. Abstract: VA Form 21–8926 is used to With respect to the following verify beneficiaries who are receiving Dated: November 5, 2004. collection of information, VBA invites REPS benefits based on schoolchild By direction of the Secretary. comments on: (1) Whether the proposed status are in fact enrolled full-time in an Cindy Stewart, collection of information is necessary approved school and is otherwise Program Analyst, Records Management for the proper performance of VBA’s eligible for continued benefits. The Service. functions, including whether the program pays benefits to certain [FR Doc. 04–25566 Filed 11–17–04; 8:45 am] information will have practical utility; surviving spouses and children of BILLING CODE 8320–01–P

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Part II

The President Proclamation 7846—America Recycles Day, 2004

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Federal Register Presidential Documents Vol. 69, No. 222

Thursday, November 18, 2004

Title 3— Proclamation 7846 of November 15, 2004

The President America Recycles Day, 2004

By the President of the United States of America

A Proclamation Our Nation is dedicated to good stewardship of our natural resources. On America Recycles Day, we reaffirm our commitment to preserving our re- sources and recycling. Our country produces more than 200 million tons of municipal solid waste— approximately 4 pounds of waste per person per day. As more garbage is generated, the demands on our landfills, natural resources, and environ- ment continue to grow. Recycling helps conserve energy and natural re- sources, provides raw materials for key domestic industries, reduces air and water pollution, cuts greenhouse gas emissions, and promotes the devel- opment of cleaner technologies. Recycling and composting diverts millions of tons of material away from landfills and incinerators. Through curbside collection and recyclable drop-off centers, communities across our Nation are demonstrating their commitment to protecting our environment and to building a better future for our next generation. 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 November 15, 2004, as America Recycles Day. I call upon the people of the United States to observe this day with appropriate programs and activities. IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of November, in the year of our Lord two thousand four, and of the Independ- ence of the United States of America the two hundred and twenty-ninth. W

[FR Doc. 04–25776 Filed 11–17–04; 9:09 am] Billing code 3195–01–P

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Reader Aids Federal Register Vol. 69, No. 222 Thursday, November 18, 2004

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING NOVEMBER

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. 1260...... 65386 Presidential Documents 3 CFR 1717...... 64689 Executive orders and proclamations 741–6000 Proclamations: 1782...... 65546 The United States Government Manual 741–6000 7838...... 65041 1951...... 65546 7839...... 65043 Other Services 1955...... 65546 7840...... 65045 1956...... 65546 741–6020 Electronic and on-line services (voice) 7841...... 65047 4280...... 65554 Privacy Act Compilation 741–6064 7842...... 65049 Public Laws Update Service (numbers, dates, etc.) 741–6043 7843...... 65051 8 CFR TTY for the deaf-and-hard-of-hearing 741–6086 7844...... 65511 215...... 64477, 65508 7845...... 65515 235...... 64477, 65508 7846...... 67501 ELECTRONIC RESEARCH 252...... 64477, 65508 World Wide Web Executive Orders: 12170 (See Notice of 9 CFR Full text of the daily Federal Register, CFR and other publications November 9, 71...... 64644 is located at: http://www.gpoaccess.gov/nara/index.html 2004) ...... 65513 77...... 64644 Federal Register information and research tools, including Public 12938 (See Notice of 78 ...... 64245, 64644, 67501 Inspection List, indexes, and links to GPO Access are located at: November 4, 79...... 64644 http://www.archives.gov/federallregister/ 2004) ...... 64637 80...... 64644 13067 (See Notice of E-mail 85...... 64644 November 1, 93...... 64644 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 2004) ...... 63915 an open e-mail service that provides subscribers with a digital 13094 (See Notice of 10 CFR form of the Federal Register Table of Contents. The digital form November 4, 74...... 64249 of the Federal Register Table of Contents includes HTML and 2004) ...... 64637 431...... 63574 PDF links to the full text of each document. Administrative Orders: Proposed Rules: Notices: To join or leave, go to http://listserv.access.gpo.gov and select 2...... 67070 Notice of November 1, Online mailing list archives, FEDREGTOC-L, Join or leave the list 30...... 67070 2004 ...... 63915 (or change settings); then follow the instructions. 40...... 67070 Notice of November 4, PENS (Public Law Electronic Notification Service) is an e-mail 50...... 67070 2004 ...... 64637 service that notifies subscribers of recently enacted laws. 52...... 67070 Notice of November 9, 63...... 67070 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 2004 ...... 65513 70...... 67070 and select Join or leave the list (or change settings); then follow Presidential 72...... 67070 the instructions. Determinations: 73...... 64690, 67070 No. 2005-05 of FEDREGTOC-L and PENS are mailing lists only. We cannot 76...... 67070 October 20, 2004 ...... 63917 respond to specific inquiries. 150...... 67070 Reference questions. Send questions and comments about the No. 2005-06 of Federal Register system to: [email protected] October 22, 2004 ...... 64475 11 CFR The Federal Register staff cannot interpret specific documents or 5 CFR 102...... 63919 regulations. Proposed Rules: 106...... 63919 307...... 64503 109...... 63919 FEDERAL REGISTER PAGES AND DATE, NOVEMBER 7 CFR 12 CFR 63317–63438...... 1 27–52...... 65053 5...... 64478 63439–63916...... 2 301...... 64639, 67041 19...... 65067 63917–64244...... 3 319...... 65053 509...... 64249 64245–64474...... 4 905...... 64641 Proposed Rules: 615...... 67070 64475–64636...... 5 1580...... 63317 1775...... 65517 617...... 67074 64637–64828...... 8 1776...... 67263 64829–65052...... 9 1777...... 65517 13 CFR 65053–65366...... 10 1778...... 65517 105...... 63921 65367–65514...... 12 1780...... 65517 65515–67040...... 15 1942...... 65517 14 CFR 67041–67262...... 16 1955...... 65520 25...... 64651, 67492 67263–67500...... 17 Ch. XXX...... 64477 39 ...... 63439, 63440, 63442, 67501–67632...... 18 3570...... 65517 63443, 64251, 64253, 64255, 4274...... 65517 64482, 64653, 64832, 64835, 4279...... 64829 64836, 64839, 64842, 64846, Proposed Rules: 64847, 64849, 64850, 64852, 923...... 63958 64854, 64856, 64858, 65520,

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65522, 65523, 65528, 65531, 21 CFR 65081 228...... 65090 65533, 65535, 67043, 67045, 180...... 65540 239...... 65381 231...... 63331 67047, 67050 558...... 67263 258...... 65381 235...... 63327, 65091 71 ...... 64656, 65069, 65367, 271...... 64861 252 ...... 63327, 62328, 65088, Proposed Rules: 65368, 67052, 67215 65091 101...... 67513 Proposed Rules: 97...... 63318, 65538 1804...... 63458 341...... 63482 52 ...... 63981, 64703, 65117, 121...... 67492 1815...... 63458 890...... 64266 65393, 65394, 67100 Proposed Rules: 63...... 63489 1816...... 63458 39 ...... 63336, 63960, 63962, 22 CFR 136...... 64704, 64707 1817...... 63458 63963, 63965, 63968, 64260, 194...... 64558 1823...... 63458 51...... 67053 64262, 64263, 64504, 64506, 271...... 64880 1837...... 63458 171...... 63934 64510, 64513, 64515, 64517, 720...... 65565 1852...... 63458 64520, 64523, 64525, 64530, 24 CFR Proposed Rules: 64534, 64537, 64539, 64692, 41 CFR 2...... 63436 5...... 65024 64695, 64869, 64871, 65059, Proposed Rules: 5...... 63436 81...... 63580 65097, 65099, 65101, 65103, 51-2...... 65395 7...... 63436 65105, 65388, 65391 Proposed Rules: 51-3...... 65395 23...... 65330 61...... 67258 81...... 63576 51-4...... 65395 52...... 65330 71 ...... 63970, 63972, 63973, 203...... 65324 Ch. 2 ...... 65121 63974, 63975, 63976, 63978, 42 CFR 204...... 65121 26 CFR 65107 403...... 66236 208...... 65121 382...... 64364 31...... 67054 405...... 66236 209...... 65121 Proposed Rules: 410...... 66236 212...... 65121 15 CFR 1 ...... 64546, 65108, 65555, 411...... 66236 213...... 65121 740 ...... 64483, 64490, 64657 67075 412...... 66922 215...... 65121 744 ...... 64657, 65368, 65539 31...... 67075 413...... 66922 217...... 65121 748...... 64483 414...... 66236 219...... 65121 28 CFR 774...... 64483, 64490 418...... 66236 222...... 65121 Proposed Rules: 0...... 65542 419...... 65682 223...... 65121 732...... 65555 424...... 66236 225...... 65121 29 CFR 736...... 65555 484...... 66236 227...... 65121 740...... 65555 4022...... 65543 486...... 66236 233...... 65121 744...... 65555 4044...... 65543 235...... 65121 752...... 65555 Proposed Rules: 44 CFR 236...... 65121 764...... 65555 458...... 64226 64...... 63456 237...... 65121 242...... 65121 772...... 65555 Proposed Rules: 33 CFR 67...... 63338 247...... 65121 16 CFR 117 ...... 63574, 64494, 64860, 252...... 65121 603...... 63922 65369, 65371, 67055, 67056 45 CFR 253...... 65121 613...... 63922 165...... 65373 Proposed Rules: 49 CFR 614...... 63922 402...... 64258 98...... 64881 40...... 64865 Proposed Rules: 403...... 64258 171...... 64462 Ch. I ...... 64698 Proposed Rules: 46 CFR 172...... 64462 310...... 67287 Ch. I...... 63979, 65555 501...... 64398 173...... 64462 110 ...... 64546, 64549, 64551 535...... 64398 501...... 63957 17 CFR 117 ...... 64553, 64875, 67294 Proposed Rules: 541...... 63957 40...... 67503 165...... 64555 531...... 63981 571...... 64495, 67068 41...... 67503 574...... 64500 145...... 67503 36 CFR 47 CFR Proposed Rules: 249...... 67053 7...... 65348 1...... 65544 171...... 65294 Proposed Rules: Proposed Rules: 13...... 64664 172...... 65294 1...... 64873 7...... 65556 73 ...... 63458, 64681, 64682, 173...... 65294 228...... 67392 1234...... 63980 65381, 65382, 65545, 67265, 175...... 65294 229...... 67392 67266 229...... 63890 230...... 67392 37 CFR 80...... 64664 238...... 63890 239...... 67392 2...... 63320 Proposed Rules: 379...... 63997 240...... 67392 7...... 63320 2...... 65570 381...... 63997 243...... 67392 80...... 65570 385...... 63997 270...... 64816 39 CFR 27...... 63459 390...... 63997 274...... 67392 20...... 63946 64...... 65401 395...... 63997 111...... 63452 18 CFR 73 ...... 65118, 65119, 65120, 571...... 65126 501...... 67508 67296, 67297 1522...... 65332 375...... 64659 Proposed Rules: 1540...... 65258 111...... 64877 48 CFR 19 CFR 1542...... 65258 3001...... 65563, 67514 201...... 63326 1544...... 65258 10...... 63445 202...... 63326 1546...... 65258 178...... 63445 40 CFR 204...... 63327 1548...... 65258 Proposed Rules: 52 ...... 63321, 63324, 63947, 205...... 63327 206...... 64541 64259, 64661, 64860, 65069, 208...... 63327, 62328 50 CFR 207...... 64541 65375, 65378, 67058, 67060, 209...... 65088 300 ...... 65382, 67267, 67268 67062 210...... 63328 622...... 65092 20 CFR 63...... 63452 212 ...... 63329, 62330, 65089 635...... 67268 404...... 67018 81...... 64133, 64860 214...... 65089 648...... 63460, 67284 Proposed Rules: 131...... 67218 219...... 63328 660 ...... 63332, 62333, 64501, 404...... 64702, 67039 180 ...... 63950, 63954, 65073, 226...... 63327 65093, 67285, 67508, 67509,

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67510 Proposed Rules: 229...... 65127 648 ...... 63341, 63498, 67528 679...... 64683 17 ...... 64710, 64884, 64889 600...... 67100 679...... 67107 223...... 65127 622...... 67104, 67106

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REMINDERS Certification of factual Test procedures and published 9-24-04 [FR 04- The items in this list were information during efficiency standards— 21501] editorially compiled as an aid proceedings; comments Commercial air Lactofen; comments due by to Federal Register users. due by 11-22-04; conditioners and heat 11-23-04; published 9-24- Inclusion or exclusion from published 9-22-04 [FR 04- pumps; comments due 04 [FR 04-21500] this list has no legal 21209] by 11-22-04; published Penoxsulam; comments due significance. COMMERCE DEPARTMENT 10-21-04 [FR 04-17731] by 11-23-04; published 9- National Oceanic and Commercial packaged 24-04 [FR 04-21502] Atmospheric Administration boilers; Open for Tebufenozide; comments RULES GOING INTO Fishery conservation and comments until further due by 11-23-04; EFFECT NOVEMBER 18, management: notice; published 10-21- published 9-24-04 [FR 04- 2004 04 [FR 04-17730] West Coast States and 21499] Western Pacific Water heaters, hot water Tribenuron methyl; AGRICULTURE fisheries— supply boilers, and comments due by 11-22- DEPARTMENT unfired hot water 04; published 9-22-04 [FR West Coast salmon; storage tanks; Animal and Plant Health comments due by 11- 04-20982] Inspection Service comments due by 11- Solid waste: 22-04; published 11-5- 22-04; published 10-21- Interstate transportation of 04 [FR 04-24760] 04 [FR 04-17732] National Environmental animals and animal products Performance Track West Coast salmon; ENERGY DEPARTMENT (quarantine): comments due by 11- Program— Brucellosis in swine— 26-04; published 11-10- Federal Energy Regulatory Hazardous waste Validated brucellosis-free 04 [FR 04-25112] Commission generator facilities; Electric rate and corporate States; list additions; COMMODITY FUTURES reporting requirements; regulation filings: published 11-18-04 TRADING COMMISSION correction; comments Virginia Electric & Power due by 11-24-04; FEDERAL Review of National Futures Co. et al.; Open for published 10-25-04 [FR COMMUNICATIONS Association decisions; comments until further 04-23842] COMMISSION comments due by 11-24-04; notice; published 10-1-03 Radio stations; table of published 10-25-04 [FR 04- Solid wastes: [FR 03-24818] assignments: 23828] National Environmental ENVIRONMENTAL Performance Track Georgia; published 10-8-04 COURT SERVICES AND PROTECTION AGENCY Program— POSTAL SERVICE OFFENDER SUPERVISION Air pollutants, hazardous; Postage meters: AGENCY FOR THE Hazardous waste DISTRICT OF COLUMBIA national emission standards: generator facilities; Manufacture and distribution; reporting requirements; Semi-annual agenda; Open for Pulp and paper industry; authorization; published correction; comments comments until further comments due by 11-23- 11-18-04 due by 11-24-04; notice; published 12-22-03 04; published 11-2-04 [FR published 10-25-04 [FR [FR 03-25121] 04-24409] COMMENTS DUE NEXT Air quality implementation 04-23841] WEEK DEFENSE DEPARTMENT plans; approval and Superfund program: Engineers Corps promulgation; various National oil and hazardous AGRICULTURE Corps Regulatory Program States; air quality planning substances contingency DEPARTMENT and new Historic purposes; designation of plan— Agricultural Marketing Preservation Advisory areas: National priorities list Service Council regulations; historic West Virginia; comments update; comments due properties protection Cotton classing, testing and due by 11-26-04; by 11-22-04; published procedures; comments due published 10-27-04 [FR 9-23-04 [FR 04-21387] standards: by 11-26-04; published 9- 04-23945] Water pollution; effluent Classification services to 27-04 [FR 04-21540] growers; 2004 user fees; Air quality implementation guidelines for point source Open for comments until EDUCATION DEPARTMENT plans; approval and categories: further notice; published Grants: promulgation; various Meat and poultry products States: 5-28-04 [FR 04-12138] Credit Enhancement for processing facilities; Open Onions grown in— Charter School Facilities Maryland; comments due by for comments until further Program; comments due 11-26-04; published 10- notice; published 9-8-04 Idaho and Oregon; import 27-04 [FR 04-23948] regulations; comments by 11-22-04; published [FR 04-12017] due by 11-22-04; 10-22-04 [FR 04-23746] Pennsylvania; comments FARM CREDIT published 9-22-04 [FR 04- ENERGY DEPARTMENT due by 11-26-04; ADMINISTRATION 21238] published 10-27-04 [FR Meetings: 04-23940] Farm credit system: AGRICULTURE Environmental Management Environmental statements; Loan policies and DEPARTMENT Site-Specific Advisory availability, etc.: operations, etc— Federal Crop Insurance Board— Coastal nonpoint pollution Farmers’ notes; comments Corporation Oak Ridge Reservation, control program— due by 11-24-04; Crop insurance regulations: published 10-25-04 [FR TN; Open for comments Minnesota and Texas; 04-23833] Nursery crop insurance until further notice; Open for comments provisions; comments due published 11-19-04 [FR until further notice; FEDERAL by 11-22-04; published 04-25693] published 10-16-03 [FR COMMUNICATIONS 10-8-04 [FR 04-22740] ENERGY DEPARTMENT 03-26087] COMMISSION COMMERCE DEPARTMENT Energy Efficiency and Pesticides; tolerances in food, Common carrier services: International Trade Renewable Energy Office animal feeds, and raw Wireless telecommunications Administration Commercial and industrial agricultural commodities: services— Antidumping and equipment; energy efficiency Dimethenamid; comments Advanced wireless countervailing duties: program: due by 11-23-04; services; service rules;

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comments due by 11- Endangered and threatened Airworthiness directives: comments due by 11- 23-04; published 11-2- species: Airbus; comments due by 24-04; published 8-26- 04 [FR 04-24433] Critical habitat 11-22-04; published 10-7- 04 [FR 04-19477] HEALTH AND HUMAN designations— 04 [FR 04-22565] Generation-skipping transfer SERVICES DEPARTMENT Santa Ana sucker; Boeing; Open for comments tax purposes; qualified Centers for Medicare & comments due by 11- until further notice; severance of trusts; Medicaid Services 24-04; published 10-25- published 8-16-04 [FR 04- comments due by 11-22- Medicare: 04 [FR 04-23968] 18641] 04; published 8-24-04 [FR 04-19352] Physicians referrals to NATIONAL AERONAUTICS General Electric Co.; health care entities with AND SPACE comments due by 11-22- Real estate mortgage which they have finanncial ADMINISTRATION 04; published 9-22-04 [FR investment conduits— relationships Acquisition regulations: 04-21275] Interest-only regular Correction; comments due Research announcements; McDonnell Douglas; interest; comments due by 11-23-04; published small business comments due by 11-22- by 11-23-04; published 9-24-04 [FR 04-21206] subcontracting plans and 04; published 10-6-04 [FR 8-25-04 [FR 04-19480] publication 04-22471] Original issue discount HEALTH AND HUMAN acknowledgement and accrual; comments due SERVICES DEPARTMENT New Piper Aircraft, Inc.; disclaimers; comments comments due by 11-22- by 11-23-04; published Food and Drug due by 11-26-04; 8-25-04 [FR 04-19479] Administration 04; published 9-22-04 [FR published 9-27-04 [FR 04- 04-21274] Reports and guidance 21414] documents; availability, etc.: Robinson Helicopter Co.; LIST OF PUBLIC LAWS NUCLEAR REGULATORY comments due by 11-22- Evaluating safety of COMMISSION 04; published 9-22-04 [FR This is a continuing list of antimicrobial new animal Environmental statements; 04-21269] public bills from the current drugs with regard to their availability, etc.: microbiological effects on Saab; comments due by 11- session of Congress which bacteria of human health Fort Wayne State 26-04; published 10-27-04 have become Federal laws. It concern; Open for Developmental Center; [FR 04-24034] may be used in conjunction comments until further Open for comments until Airworthiness standards: with ‘‘PLUS’’ (Public Laws further notice; published notice; published 10-27-03 Special conditions— Update Service) on 202–741– 5-10-04 [FR 04-10516] [FR 03-27113] Dassault-Breguet Model 6043. This list is also Medical devices— POSTAL SERVICE Falcon 10 airplanes; available online at http:// Dental noble metal alloys Domestic Mail Manual: comments due by 11- www.archives.gov/ and base metal alloys; Checks sent at standard 22-04; published 10-22- federal—register/public—laws/ Class II special mail postage rates; 04 [FR 04-23668] public—laws.html. controls; Open for ancillary service Gulfstream Aerospace The text of laws is not comments until further endorsement requirement; Corp. Model G-1159, G- published in the Federal notice; published 8-23- comments due by 11-26- 1159A, and G-1159B Register but may be ordered 04 [FR 04-19179] 04; published 10-27-04 series airplanes; in ‘‘slip law’’ (individual [FR 04-23647] HOMELAND SECURITY comments due by 11- pamphlet) form from the DEPARTMENT SMALL BUSINESS 26-04; published 10-26- Superintendent of Documents, Coast Guard ADMINISTRATION 04 [FR 04-23861] U.S. Government Printing Anchorage regulations: Disaster loan areas: Class D airspace; comments Office, Washington, DC 20402 due by 11-25-04; published (phone, 202–512–1808). The Maryland; Open for Maine; Open for comments 9-23-04 [FR 04-21398] text will also be made comments until further until further notice; available on the Internet from notice; published 1-14-04 published 2-17-04 [FR 04- Class E airspace; comments GPO Access at http:// [FR 04-00749] 03374] due by 11-22-04; published www.gpoaccess.gov/plaws/ Drawbridge operations: OFFICE OF UNITED STATES 10-19-04 [FR 04-23387] TRADE REPRESENTATIVE index.html. Some laws may Iowa and Illinois; comments TRANSPORTATION not yet be available. due by 11-22-04; Trade Representative, Office DEPARTMENT published 10-21-04 [FR of United States Research and Special H.R. 4381/P.L. 108–392 04-23545] Generalized System of Programs Administration To designate the facility of the New Jersey; comments due Preferences: Hazardous materials: United States Postal Service by 11-26-04; published 2003 Annual Product Transportation— located at 2811 Springdale 10-12-04 [FR 04-22848] Review, 2002 Annual Avenue in Springdale, Country Practices Review, Hazardous materials for Ports and waterways safety: transportation in Arkansas, as the ‘‘Harvey and and previously deferred Bernice Jones Post Office Puget Sound, WA— product decisions; commerce; person who offers or offeror; Building’’. (Oct. 30, 2004; 118 Captain of the Port; petitions disposition; Open Stat. 2245) security zones; for comments until further definition; comments H.R. 4471/P.L. 108–393 comments due by 11- notice; published 7-6-04 due by 11-23-04; 26-04; published 10-12- [FR 04-15361] published 9-24-04 [FR Homeownership Opportunities 04 [FR 04-22744] 04-21535] for Native Americans Act of TRANSPORTATION INTERIOR DEPARTMENT TREASURY DEPARTMENT 2004 (Oct. 30, 2004; 118 Stat. DEPARTMENT 2246) Fish and Wildlife Service Federal Aviation Internal Revenue Service Endangered and threatened Administration Income taxes: H.R. 4481/P.L. 108–394 species permit applications Airports: Consolidated return Wilson’s Creek National Battlefield Boundary Recovery plans— Airport noise compatibility regulations— Adjustment Act of 2004 (Oct. Paiute cutthroat trout; planning; technical Subsidiary stock 30, 2004; 118 Stat. 2247) Open for comments amendments; comments disposition; extension of until further notice; due by 11-23-04; time to elect method for H.R. 4556/P.L. 108–395 published 9-10-04 [FR published 9-24-04 [FR 04- determining allowable To designate the facility of the 04-20517] 21298] loss; cross-reference; United States Postal Service

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located at 1115 South Clinton Act of 2000 to rename the H.R. 5131/P.L. 108–406 program to provide assistance Avenue in Dunn, North Colorado Canyons National Special Olympics Sport and to eligible weed management Carolina, as the ‘‘General Conservation Area as the Empowerment Act of 2004 entities to control or eradicate William Carey Lee Post Office McInnis Canyons National (Oct. 30, 2004; 118 Stat. noxious weeds on public and Building’’. (Oct. 30, 2004; 118 Conservation Area. (Oct. 30, 2294) private land. (Oct. 30, 2004; Stat. 2249) 2004; 118 Stat. 2254) 118 Stat. 2320) H.R. 5133/P.L. 108–407 H.R. 4917/P.L. 108–401 H.R. 4579/P.L. 108–396 To designate the facility of the S. 643/P.L. 108–413 Truman Farm Home Federal Regulatory United States Postal Service Hibben Center Act (Oct. 30, Expansion Act (Oct. 30, 2004; Improvement Act of 2004 located at 11110 Sunset Hills 2004; 118 Stat. 2325) 118 Stat. 2250) (Oct. 30, 2004; 118 Stat. Road in Reston, Virginia, as 2255) H.R. 4618/P.L. 108–397 the ‘‘Martha Pennino Post S. 1194/P.L. 108–414 H.R. 5027/P.L. 108–402 Office Building’’. (Oct. 30, To designate the facility of the Mentally Ill Offender Treatment United States Postal Service To designate the facility of the 2004; 118 Stat. 2297) United States Postal Service and Crime Reduction Act of located at 10 West Prospect H.R. 5147/P.L. 108–408 located at 411 Midway 2004 (Oct. 30, 2004; 118 Stat. Street in Nanuet, New York, To designate the facility of the 2327) as the ‘‘Anthony I. Lombardi Avenue in Mascotte, Florida, as the ‘‘Specialist Eric United States Postal Service Memorial Post Office located at 23055 Sherman Last List November 8, 2004 Building’’. (Oct. 30, 2004; 118 Ramirez Post Office’’. (Oct. 30, 2004; 118 Stat. 2257) Way in West Hills, California, Stat. 2251) as the ‘‘Evan Asa Ashcraft H.R. 5039/P.L. 108–403 H.R. 4632/P.L. 108–398 Post Office Building’’. (Oct. 30, To designate the facility of the Public Laws Electronic 2004; 118 Stat. 2298) To designate the facility of the United States Postal Service Notification Service United States Postal Service located at United States Route H.R. 5186/P.L. 108–409 (PENS) located at 19504 Linden 1 in Ridgeway, North Carolina, Taxpayer-Teacher Protection Boulevard in St. Albans, New as the ‘‘Eva Holtzman Post Act of 2004 (Oct. 30, 2004; York, as the ‘‘Archie Spigner Office’’. (Oct. 30, 2004; 118 118 Stat. 2299) PENS is a free electronic mail Post Office Building’’. (Oct. 30, Stat. 2258) 2004; 118 Stat. 2252) H.R. 5294/P.L. 108–410 notification service of newly H.R. 5051/P.L. 108–404 H.R. 4731/P.L. 108–399 John F. Kennedy Center enacted public laws. To To designate the facility of the Reauthorization Act of 2004 subscribe, go to http:// To amend the Federal Water United States Postal Service (Oct. 30, 2004; 118 Stat. listserv.gsa.gov/archives/ Pollution Control Act to located at 1001 Williams 2303) publaws-l.html reauthorize the National Street in Ignacio, Colorado, as S. 129/P.L. 108–411 Estuary Program. (Oct. 30, the ‘‘Leonard C. Burch Post Note: This service is strictly Federal Workforce Flexibility 2004; 118 Stat. 2253) Office Building’’. (Oct. 30, for E-mail notification of new Act of 2004 (Oct. 30, 2004; H.R. 4827/P.L. 108–400 2004; 118 Stat. 2259) laws. The text of laws is not 118 Stat. 2305) To amend the Colorado H.R. 5107/P.L. 108–405 available through this service. Canyons National Justice for All Act of 2004 S. 144/P.L. 108–412 PENS cannot respond to Conservation Area and Black (Oct. 30, 2004; 118 Stat. To require the Secretary of specific inquiries sent to this Ridge Canyons Wilderness 2260) Agriculture to establish a address.

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