2–24–04 Tuesday Vol. 69 No. 36 Feb. 24, 2004

Pages 8323–8544

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1 II Federal Register / Vol. 69, No. 36 / Tuesday, February 24, 2004

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2 III

Contents Federal Register Vol. 69, No. 36

Tuesday, February 24, 2004

Agricultural Marketing Service See National Institute of Standards and Technology RULES See National Oceanic and Atmospheric Administration Milk marketing orders: NOTICES Western, 8327–8328 Agency information collection activities; proposals, Nectarines and peaches/pears grown in— submissions, and approvals, 8378–8379 California, 8325–8327 NOTICES Committee for the Implementation of Textile Agreements Committees; establishment, renewal, termination, etc.: NOTICES Peanut Standards Board, 8376 Textile and apparel categories: Illegal transshipment; entry denial— Agriculture Department El Salvador; Daewoo El Salvador, S.A. de C.V.; denial See Agricultural Marketing Service canceled, 8388 See Animal and Plant Health Inspection Service See Farm Service Agency Comptroller of the Currency See Forest Service NOTICES See Rural Business-Cooperative Service Reports and guidance documents; availability, etc.: See Rural Housing Service Accounting standards differences among Federal banking See Rural Utilities Service and thrift agencies; report to Congress, 8523–8526 NOTICES Agency information collection activities; proposals, Customs and Border Protection Bureau submissions, and approvals, 8369–8376 NOTICES Customhouse broker license cancellation, suspension, etc.: Alcohol, Tobacco, Firearms, and Explosives Bureau ABX Logistics USA, Inc., et al., 8476–8477 NOTICES Capin Vyborny, Inc., et al., 8477 Agency information collection activities; proposals, Leclair, Robert S., 8477 submissions, and approvals, 8482–8483 UPS Customhouse Brokerage, Inc., et al., 8477–8478

Animal and Plant Health Inspection Service Defense Department RULES See Engineers Corps Interstate transportation of animals and animal products (quarantine): Education Department Texas (splenetic) fever in cattle— RULES State and area classifications, 8328–8329 Special education and rehabilitative services: Technology-related assistance for individuals with Antitrust Division disabilities; state grant program regulations; removal, NOTICES 8331 Competitive impact statements and proposed consent NOTICES judgments: Agency information collection activities; proposals, Digital Subscriber Line Forum, 8483 submissions, and approvals, 8388–8389 Open Devicenet Vendor Association, Inc., 8483–8486 Grants and cooperative agreements; availability, etc.: Petroleum Environmental Research Forum, 8486 Elementary and secondary education— Alcohol abuse prevention programs, 8389–8392 Architectural and Transportation Barriers Compliance Partnerships in Character Education, 8392–8395 Board NOTICES Employment and Training Administration Meetings: NOTICES Access Board, 8378 Adjustment assistance: Amphenol RF, 8486–8487 Army Department Aurora Acquisition Corp., 8487 See Engineers Corps Castle Rubber, LLC, 8487–8488 Computer Sciences Corp., 8488 Arts and Humanities, National Foundation Finishes First, Inc., 8488–8489 See National Foundation on the Arts and the Humanities James Kenney Vineyards, 8489 Magnetika, Inc., 8489 Children and Families Administration North Manchester Foundry, 8489 NOTICES Phelps Dodge Industries, Inc., 8489 Agency information collection activities; proposals, Pitney Bowes, Inc., 8489–8490 submissions, and approvals, 8446–8447 Quadelle Textile Corp., 8490 Sappi Fine Paper, 8490 Commerce Department Sinclair Collins, 8490–8491 See Foreign-Trade Zones Board Timeplex, LLC, 8491 See International Trade Administration Tomken Enterprises, 8491

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Tower Mills, Inc., 8491–8492 California, 8334 Trojan Steel Co., 8492 Michigan, 8334–8335 Twin City Leather Co., 8492 Montana, 8334 Unifine Dohler America, 8492 PROPOSED RULES Van Dorn Demag, Corp., 8493 Radio stations; table of assignments: Alabama, 8357 Energy Department California, 8355–8356 See Federal Energy Regulatory Commission Nevada and Arizona, 8356–8357 New York, 8356 Engineers Corps Texas, 8355 NOTICES NOTICES Environmental statements; notice of intent: Agency information collection activities; proposals, Charleston Naval Complex, SC; marine container submissions, and approvals, 8412–8415 terminal; correction, 8530 Common carrier services: Wireless telecommunications services— Environmental Protection Agency Private Land Mobile Radio Spectrum Audit; PROPOSED RULES frequencies below 512 MHz, 8415–8440 Solid wastes: Hazardous waste; identification and listing— Federal Deposit Insurance Corporation Solvent-contaminated reusable shop towels, rags, NOTICES disposable wipes, and paper towels; conditional Reports and guidance documents; availability, etc.: exclusion, 8353 Accounting standards differences among Federal banking Superfund program: and thrift agencies; report to Congress, 8523–8526 National oil and hazardous substances contingency plan— Federal Emergency Management Agency National priorities list update, 8353–8355 NOTICES NOTICES Air pollution control: Agency information collection activities; proposals, Citizens suits; proposed settlements— submissions, and approvals, 8478–8479 Sierra Club and Group Against SMOG and Pollution, Disaster and emergency areas: Inc., 8406–8407 Ohio, 8479–8480 Meetings: South Carolina, 8480 Environmental Policy and Technology National Advisory Council, 8407 Federal Energy Regulatory Commission NOTICES Executive Office of the President Electric rate and corporate regulation filings, 8398–8401 See Presidential Documents Environmental statements; availability, etc.: See Trade Representative, Office of United States Duke Power Co., 8401 Hydroelectric applications, 8401–8405 Farm Credit Administration Meetings: NOTICES Southwest Power Pool, Inc., 8405 Farm credit system: Reports and guidance documents; availability, etc.: Loan policies and operations, etc.— Electric Quarterly Reports; public utility filing Loan syndication transactions, 8407–8412 requirements, etc., 8405–8406 Applications, hearings, determinations, etc.: Farm Service Agency City of Holyoke Gas & Electric Dept., 8395 NOTICES El Paso Natural Gas Co., 8395–8396 Agency information collection activities; proposals, Iroquois Gas Transmission System, L.P., 8396 submissions, and approvals, 8376–8377 Midwestern Gas Transmission Co., 8396–8397 Northwest Pipeline Corp., 8397–8398 Federal Aviation Administration Trunkline Gas Company, LLC, 8398 NOTICES XL Trading Partners America LLC, 8398 Passenger facility charges; applications, etc.: Austin-Bergstrom International Airport, TX, 8521 Federal Housing Finance Board Federal Communications Commission NOTICES Agency information collection activities; proposals, RULES submissions, and approvals, 8440–8441 Common carrier services: Americans with Disabilities Act; implementation— Individuals with hearing and speech disabilities; Federal Maritime Commission telecommunications relay services and speech-to- NOTICES speech services, 8331–8332 Agreements filed, etc., 8441–8442 Digital television stations; table of assignments: Maine, 8332 Federal Reserve System New Mexico, 8332–8333 NOTICES Tennessee, 8333 Reports and guidance documents; availability, etc.: Radio stations; table of assignments: Accounting standards differences among Federal banking Arkansas and Louisiana, 8333 and thrift agencies; report to Congress, 8523–8526

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Federal Trade Commission Homeland Security Department RULES See Customs and Border Protection Bureau Fair and Accurate Credit Transactions Act; implementation: See Federal Emergency Management Agency Fair credit reporting provisions, 8531–8536 See Transportation Security Administration NOTICES Meetings: Housing and Urban Development Department Technologies for protecting personal information, NOTICES consumer and business experience; workshops, Agency information collection activities; proposals, 8537–8539 submissions, and approvals, 8480–8482 Premerger notification waiting periods; early terminations, 8442–8445 Indian Health Service Financial Management Service NOTICES See Fiscal Service Agency information collection activities; proposals, submissions, and approvals, 8459–8460 Fiscal Service Grants and cooperative agreements; availability, etc.: NOTICES Native American Research Centers for Health, 8460–8471 Agency information collection activities; proposals, submissions, and approvals, 8526 Interior Department Surety companies acceptable on Federal bonds: See Fish and Wildlife Service Cumberland Casualty & Surety Co.; termination, 8526– 8527 Internal Revenue Service Fish and Wildlife Service RULES PROPOSED RULES Income taxes: Endangered and threatened species: Low-income housing tax credit; section 42 carryover and Preble’s meadow jumping mouse, 8359–8364 stacking rule amendments Correction, 8330–8331 Food and Drug Administration NOTICES RULES Agency information collection activities; proposals, Public Health Security and Bioterrorism Preparedness and submissions, and approvals, 8527–8528 Response Act of 2002; implementation: Meetings: Prior notice of imported food shipments Taxpayer Advocacy Panels, 8528–8529 Correction, 8330 NOTICES International Trade Administration Agency information collection activities; proposals, NOTICES submissions, and approvals, 8447–8448 Antidumping: Corrosion-resistant carbon steel flat products from— Foreign-Trade Zones Board Canada, 8380–8381 NOTICES Antidumping and countervailing duties: Applications, hearings, determinations, etc.: Administrative review requests, 8379–8380 Pennsylvania Export trade certificates of review, 8382–8383 Mitsubishi Electric Power Products, Inc.; circuit Applications, hearings, determinations, etc.: breaker manufacturing facilities, 8379 National Institute of Standards and Technology, 8381– 8382 Forest Service National Renewable Energy Laboratory, et al., 8382 NOTICES Environmental statements; notice of intent: Payette National Forest, ID, 8377–8378 Judicial Conference of the United States NOTICES Health and Human Services Department Bankruptcy Code: See Children and Families Administration Dollar amounts increase; automatic three-year See Food and Drug Administration adjustment, 8482 See Health Resources and Services Administration See Indian Health Service Justice Department See National Institutes of Health See Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES See Antitrust Division Scientific misconduct findings; administrative actions: Hoffmann, Bernd, Ph.D., 8446 Labor Department Health Resources and Services Administration See Employment and Training Administration NOTICES See Occupational Safety and Health Administration Agency information collection activities; proposals, submissions, and approvals, 8448–8449 Maritime Administration Meetings: NOTICES Infant Mortality Advisory Committee, 8449 Committees; establishment, renewal, termination, etc.: National Vaccine Injury Compensation Program: Marine Transportation System National Advisory Petitions received; list, 8449–8459 Council, 8522

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National Aeronautics and Space Administration Occupational Safety and Health Administration RULES PROPOSED RULES Arkansas Safety and health standards Government-owned contractor-operated vehicle fleet Hearing Conservation Program for Construction Workers; management and reporting, 8335 meeting, 8352–8353 NOTICES Meetings: Office of United States Trade Representative Procurement policies, practices, and initiatives; open See Trade Representative, Office of United States forum, 8493 Personnel Management Office RULES National Foundation on the Arts and the Humanities Health and counseling programs, Federal employees: NOTICES Child care costs for lower income employees; agency use Meetings: of appropriated funds, 8325 Humanities Panel, 8493–8494 NOTICES Leadership Initiatives Advisory Panel, 8494 Excepted service; positions placed or revoked, 8497–8499 Presidential Documents National Institute of Standards and Technology ADMINISTRATIVE ORDERS NOTICES Migration and Refugee Assistance Act of 1962; availability Meetings: of funds (Presidential Determination No. 2004-22 of Advanced Technology Visiting Committee, 8383–8384 February 5, 2004), 8323 Trade: National Institutes of Health CAFTA countries; notice of intention to enter into a Free NOTICES Trade Agreement (Notice of February 20, 2004), Inventions, Government-owned; availability for licensing, 8541–8543 8471–8472 Meetings: Public Debt Bureau National Cancer Institute, 8472–8473 See Fiscal Service National Center on Minority Health and Health Rural Business-Cooperative Service Disparities, 8473 NOTICES National Institute of Allergy and Infectious Diseases, Agency information collection activities; proposals, 8473 submissions, and approvals, 8376–8377 Scientific Review Center, 8473–8476 Rural Housing Service National Oceanic and Atmospheric Administration NOTICES RULES Agency information collection activities; proposals, Fishery conservation and management: submissions, and approvals, 8376–8377 West Coast States and Western Pacific fisheries— Coral reef ecosystems, 8336–8349 Rural Utilities Service PROPOSED RULES NOTICES Fishery conservation and management: Agency information collection activities; proposals, Northeastern United States fisheries— submissions, and approvals, 8376–8377 Monkfish, 8364–8367 Northeast multispecies, 8367–8368 Securities and Exchange Commission NOTICES RULES Agency information collection activities; proposals, Organization, functions, and authority delegations: submissions, and approvals, 8384 Director, Market Regulation Division, 8329–8330 Committees; establishment, renewal, termination, etc.: NOTICES International Whaling Commission; nominations, 8385 Agency information collection activities; proposals, Meetings: submissions, and approvals, 8499–8500 Gulf of Mexico Fishery Management Council, 8385–8386 Self-regulatory organizations; proposed rule changes: Permits: American Stock Exchange LLC et al., 8500–8503 Marine mammals, 8386–8387 National Association of Securities Dealers, Inc., 8503– 8509 Pacific Exchange, Inc., 8509–8511 Nuclear Regulatory Commission PROPOSED RULES State Department Information collection, reporting, or posting; draft rule NOTICES language, 8350–8352 Arms Export Control Act: NOTICES Kam-Tech Systems, Ltd. and David Menashe; Agency information collection activities; proposals, administrative debarments, 8511–8512 submissions, and approvals, 8494 Art objects; importation for exhibition: Environmental statements; availability, etc.: Coming of Age in Ancient Greece: Images of Childhood NAC International, Inc., 8495 from the Classical Past, 8512 Meetings; Sunshine Act, 8495–8496 Courtly Art of the Ancient Maya, 8512 Regulatory guides; issuance, availability, and withdrawal, Organization, functions, and authority delegations: 8496–8497 Assistant Secretary for Consular Affairs, 8513

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Assistant Secretary for Consular Affairs, 8513 Treasury Department Jones, Richard H.; nonimmigrants; port-of-entry; See Comptroller of the Currency fingerprinting and photographing; exemptions, 8513– See Fiscal Service 8514 See Internal Revenue Service Under Secretary for Political Affairs, 8514 See Thrift Supervision Office NOTICES Textile Agreements Implementation Committee Agency information collection activities; proposals, See Committee for the Implementation of Textile submissions, and approvals, 8522–8523 Agreements Thrift Supervision Office NOTICES Reports and guidance documents; availability, etc.: Separate Parts In This Issue Accounting standards differences among Federal banking and thrift agencies; report to Congress, 8523–8526 Part II Trade Representative, Office of United States Federal Trade Commission, 8531–8536 NOTICES Generalized System of Preferences: Part III 2003 annual product and country eligibility practices Federal Trade Commission, 8537–8539 review, 8514–8518 Trade Policy Staff Committee U.S.-Panama Free Trade Agreement; hearing and Part IV comment request, 8518–8520 Executive Office of the President, Presidential Documents, 8541–8543 Transportation Department See Federal Aviation Administration See Maritime Administration NOTICES Reader Aids Aviation proceedings: Consult the Reader Aids section at the end of this issue for Agreements filed; weekly receipts, 8520–8521 phone numbers, online resources, finding aids, reminders, Certificates of public convenience and necessity and and notice of recently enacted public laws. foreign air carrier permits; weekly applications, 8521 To subscribe to the Federal Register Table of Contents Transportation Security Administration LISTSERV electronic mailing list, go to http:// PROPOSED RULES listserv.access.gpo.gov and select Online mailing list Civil aviation security: archives, FEDREGTOC-L, Join or leave the list (or change Aircraft repair station security, 8357–8359 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Administrative Orders: Notices: Notice of February 20, 2004 ...... 8543 Presidential Determinations: No. 2004-22 of February 5, 2004 ...... 8323 5 CFR 792...... 8325 7 CFR 916...... 8325 917...... 8325 1135...... 8327 9 CFR 72...... 8328 10 CFR Proposed Rules: 19...... 8350 20...... 8350 50...... 8350 16 CFR 603...... 8532 17 CFR 200...... 8329 21 CFR 1...... 8330 26 CFR 1...... 8330 29 CFR Proposed Rules: 1926...... 8352 34 CFR 345...... 8331 40 CFR Proposed Rules: 260...... 8353 261...... 8353 300...... 8353 47 CFR 64...... 8331 73 (7 documents) ...8332, 8333, 8334 Proposed Rules: 73 (5 documents) ...8355, 8356, 8357 48 CFR 1801...... 8335 1811...... 8335 1823...... 8335 1851...... 8335 1852...... 8335 49 CFR Proposed Rules: 1546...... 8357 50 CFR 600...... 8336 660...... 8336 Proposed Rules: 17...... 8359 648 (2 documents) ...... 8364, 8367

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Federal Register Presidential Documents Vol. 69, No. 36

Tuesday, February 24, 2004

Title 3— Presidential Determination No. 2004–22 of February 5, 2004

The President Determination Pursuant to Section 2(c)(1) of the Migration and Refugee Assistance Act of 1962, as Amended

Memorandum for the Secretary of State

Pursuant to section 2(c)(1) of the Migration and Refugee Assistance Act of 1962, as amended, 22 U.S.C. 2601(c)(1), I hereby determine that it is important to the national interest of the United States that up to $12 million be made available from the U.S. Emergency Refugee and Migration Assistance Fund to address unexpected urgent refugee and migration needs, including those of refugees, displaced persons, conflict victims, and other persons at risk from the Sudanese refugee crisis in Chad and to prepare for refugee repatriations to Sudan. These funds may be used, as appropriate, to provide contributions to international, governmental, and nongovernmental organiza- tions. You are authorized and directed to inform the appropriate committees of the Congress of this determination and the obligation of funds under this authority, and to arrange for the publication of this memorandum in the Federal Register. W THE WHITE HOUSE, Washington, February 5, 2003.

[FR Doc. 04–4137 Filed 2–23–04; 8:45 am] Billing code 4710–10–P

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Rules and Regulations Federal Register Vol. 69, No. 36

Tuesday, February 24, 2004

This section of the FEDERAL REGISTER published in the Federal Register on amending 5 CFR part 792, is adopted as contains regulatory documents having general March 14, 2000. The authority for the final with no substantive changes. applicability and legal effect, most of which Child Care Subsidy Program was then [FR Doc. 04–3953 Filed 2–23–04; 8:45 am] are keyed to and codified in the Code of made permanent on November 12, 2001, BILLING CODE 6325–41–M Federal Regulations, which is published under by sec. 630, Pub. L. 107–67, the 2001 50 titles pursuant to 44 U.S.C. 1510. Treasury and General Government The Code of Federal Regulations is sold by Appropriations Act. OPM then issued DEPARTMENT OF AGRICULTURE the Superintendent of Documents. Prices of interim regulations ‘‘Agency Use of new books are listed in the first FEDERAL Appropriated Funds for Child Care Agricultural Marketing Service REGISTER issue of each week. Costs for Lower Income Employees’’ on March 24, 2003 (68 FR 14127). This 7 CFR Parts 916 and 917 regulation became effective on March [Docket No. FV03–916–610 REVIEW] OFFICE OF PERSONNEL 24, 2003. MANAGEMENT The latest interim regulations clarified Nectarines and Peaches/Pears Grown that the law was permanent and in California; Section 610 Review 5 CFR Part 792 removed dates that were no longer RIN 3206–AJ77 relevant. The regulation also authorized AGENCY: Agricultural Marketing Service, advance payments to child care USDA. Agency Use of Appropriated Funds for providers under certain circumstances ACTION: Confirmation of regulations. Child Care Costs for Lower Income as described in Sec. 792.231. The Employees revisions contained in the interim SUMMARY: This action summarizes the results under the criteria contained in AGENCY: regulations also made the regulations Office of Personnel section 610 of the Regulatory Flexibility Management. easier to understand by substituting the words ‘‘child care subsidy’’ for ‘‘tuition Act (RFA), of an Agricultural Marketing ACTION: Final rule. assistance’’ to avoid any confusion Service (AMS) review of Marketing SUMMARY: The Office of Personnel associated with educational programs Orders 916 and 917 regulating the Management (OPM) is issuing final versus custodial care programs. Finally, handling of nectarines and peaches/ regulations implementing the Child the interim regulations clarified that pears grown in California. The Care Subsidy Program legislation. OPM agencies must use child care providers provisions and regulations for pears is issuing final regulations because that meet State and local licensing have been suspended since 1994. Based Congress made permanent the law standards, and that employees are free upon its review, AMS has determined authorizing agencies in the Executive to choose among both accredited and that the nectarine and peach marketing Branch of the Federal Government to non-accredited providers in order to orders should be continued, and that the assist lower income employees with qualify. pear order provisions should be their child care costs, thus making child The interim regulations that were continued, as suspended. care more affordable for those published in the Federal Register on ADDRESSES: Interested persons may employees. March 24, 2003, provided a 30-day obtain a copy of the review. Requests for period for comments, but no comments copies should be sent to the Docket EFFECTIVE DATE: The regulations are were received. Clerk, Marketing Order Administration effective March 24, 2003. Branch, Fruit and Vegetable Programs, ADDRESSES: Executive Order 12866 Regulatory Direct questions to: U.S. AMS, USDA, 1400 Independence Review Office of Personnel Management, 1900 E Avenue, SW., STOP 0237, Washington, St. NW., Room 7315, Washington, DC This rule has been reviewed by the DC 20250–0237; fax: (202) 720–8938; or 20415, Attn: Bonnie Storm or e-mail Office of Management and Budget in e-mail: [email protected]. [email protected]. accordance with Executive Order 12866. FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Regulatory Flexibility Act Terry Vawter, Marketing Specialist, Bonnie Storm at (202) 606–1313; by fax California Marketing Field Office, I certify that these changes will not at (202) 606–2091; or by e-mail at Marketing Order Administration have a significant economic impact on [email protected]. Branch, Fruit and Vegetable Programs, a substantial number of small entities AMS, USDA, 2202 Monterey Street, SUPPLEMENTARY INFORMATION: OPM is because the regulations pertain only to Suite 102B, Fresno, California 93721; issuing final regulations for 5 CFR part Federal employees and agencies. 792. Congress enacted Pub. L. 106–58, telephone: (209) 487–5902; fax: (209) sec. 643, on September 29, 1999, which List of Subjects in 5 CFR Part 792 487–5906; e-mail: Terry allowed Executive agencies to use Alcohol abuse, Alcoholism, Day care, [email protected]; or George Kelhart, appropriated funds to assist their lower Drug abuse, Government employees. Technical Advisor, Marketing Order income Federal employees with the Administration Branch, Fruit and Office of Personnel Management. costs of child care. The authority was Vegetable Programs, AMS, USDA, 1400 first established as a pilot program Kay Coles James, Independence Avenue, SW., STOP effective from March 14, 2000, until Director. 0237, Washington, DC 20250–0237; September 30, 2001. ■ Accordingly, under the authority of telephone: (202) 720–2491; fax: (202) OPM first issued interim regulations Pub. L. 107–67, the interim rule issued 720–8938; e-mail: to implement the authority, which were on March 24, 2003 (68 FR 14127) [email protected].

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SUPPLEMENTARY INFORMATION: Marketing rescinded. In conducting this review, These order requirements have helped Orders 916 and 917, as amended (7 CFR AMS considered the following factors: ensure that only satisfactory quality parts 916 & 917), regulate the handling (1) The continued need for the product reaches the consumer. This has of nectarines and peaches grown in marketing orders; (2) the nature of helped increase and maintain market California. The marketing orders are complaints or comments received from demand for nectarines and peaches from effective under the Agricultural the public concerning the marketing this marketing order area over the years. Marketing Agreement Act of 1937, as orders; (3) the complexity of the In regard to complaints or comments amended (7 U.S.C. 601–674) hereinafter marketing orders; (4) the extent to received from the public regarding the referred to as the ‘‘Act.’’ which the marketing orders overlap, marketing orders, USDA received 44 The nectarine marketing order duplicate, or conflict with other Federal comments from industry members as a authorizes the Nectarine Administrative rules, and, to the extent feasible, with result of the listening sessions relative Committee (NAC), consisting of eight State and local governmental rules; and to the nectarine and peach marketing growers or employees of growers and (5) the length of time since the orders. Only four of the commenters their respective alternates from four marketing orders have been evaluated or favored termination of the marketing districts in California. the degree to which technology, orders. The majority of the comments The peach marketing order authorizes economic conditions, or other factors were supportive of the programs as they the Peach Commodity Committee (PCC) have changed in the area affected by the currently exist. However, there were consisting of 13 growers or employees of marketing orders. some concerns voiced by commenters. growers, representing five districts The nectarine and peach marketing Some of the commenters found the within the production area. orders require that a continuance referendum ballot complicated or Currently, there are approximately referendum be held every four years to confusing, some objected to or 1,800 nectarine and peach growers and determine whether growers favor supported continued shipments of ‘‘CA approximately 300 handlers. The continuation. Continuance referenda Utility’’ quality fruit, some felt that majority of the growers and handlers were held on both orders in January reporting and compliance requirements may be classified as small entities. The 2003. Results from the referenda should be eliminated and assessments regulations implemented under the revealed that slightly less than two- reduced, and some felt that the size orders are applied uniformly to all size thirds of those voting favored regulations needed to be reviewed. The entities, and are designed to benefit all continuation of the nectarine and peach committees and USDA will review the entities, regardless of size. orders. The vote of pear growers to issues raised by the commenters. Marketing Order No. 916, originally continue the order met the two-thirds Marketing order issues and programs established in 1948, and Marketing criteria. As a result, USDA published an are discussed at public meetings, and all Order No. 917, established in 1939, announcement of a public meeting to interested persons are allowed to authorize grade, size, maturity, quality, review the nectarine and peach orders express their views. All comments are and container marking and pack (listening sessions) in the April 21, considered in the decision making requirements; mandatory inspection and 2003, issue of the Federal Register (68 process by the committees and USDA reporting; cultural research; marketing FR 19466). The listening sessions were before program changes are research; marketing development; and held in the production area on May 20 implemented. promotion projects. and 21, 2003, and written comments In considering the orders’ complexity, AMS published in the Federal were solicited until June 20, 2003. AMS has determined that the marketing Register (63 FR 8014; February 18, Thirty-seven individuals spoke at the orders are not unduly complex. During 1999), its plan to review certain listening sessions and seven others filed the review, the orders were also checked regulations, including Marketing Orders comments on the marketing orders. for duplication and overlap with other 916 and 917, under criteria contained in The majority of commenters believed regulations. AMS did not identify any section 610 of the Regulatory Flexibility that the programs are effective and relevant Federal rules, or State and local Act (RFA; 5 U.S.C. 601–612). Updated important tools for the nectarine and regulations that duplicate, overlap, or plans were published in the Federal peach industries. Commenters conflict with the marketing orders for Register on January 4, 2002 (67 FR 525), identified the orders’ promotional nectarines and peaches grown in and again on August 14, 2003 (68 FR programs, research activities, quality California. 48574). AMS published a notice of regulations, and data collection As stated previously, the orders were review and request for written provisions as benefits to growers and established in 1939 and 1958. During comments on the California nectarine, handlers. Many commenters believe that this time, AMS and the California peach, and pear marketing orders in the recent changes in the programs will nectarine and peach industries have April 21, 2003, issue of the Federal improve support for the marketing continuously monitored marketing Register (68 FR 19491). No comments orders. operations. Changes in regulations have were received from that publication, The marketing orders for nectarines been implemented to reflect current but, as discussed below, numerous and peaches have been used effectively industry operating practices, and to comments on the programs were in the areas of quality control and solve marketing problems as they occur. received as a result of a public meeting marketing research and development. The goal of these evaluations is to (listening sessions) held by USDA in The establishment of a quality control assure that the marketing orders and the May 2003. program that includes minimum grades regulations implemented under them fit The 610 review was undertaken to and standards and mandatory the needs of the industries and are determine whether the California inspections, the establishment of consistent with the Act. The committees nectarine and peach marketing orders container and pack requirements, and meet whenever needed, but at least should be continued without change, the compilation and dissemination of annually, to discuss the marketing amended, or rescinded to minimize the statistical information to the industry orders and the various regulations impacts on small entities. Regarding has helped improve the quality of issued thereunder, and to determine if, pears, the review was conducted to product moving from the farm to market or what, changes may be necessary to determine whether the program should and has helped growers and handlers reflect current industry practices. As a be reactivated with change, amended, or more effectively market their crops. result, regulatory changes have been

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made numerous times over the years to statute providing for milk marketing This final rule has been reviewed address industry operation changes and orders. under Executive Order 12778, Civil to improve program administration. Justice Reform. This rule is not intended EFFECTIVE DATE: April 1, 2004. In 1994, the provisions of part 917 to have a retroactive effect. This rule relating to pears were suspended FOR FURTHER INFORMATION CONTACT: will not preempt any state or local laws, indefinitely (59 FR 10054). The Gino M. Tosi, Marketing Specialist, regulations, or policies, unless they suspension was implemented because Order Formulation and Enforcement present an irreconcilable conflict with the California Bartlett pear industry Branch, USDA/AMS/Dairy Programs, this rule. began using a California State pear Stop 0231—Room 2971, 1400 The Agricultural Marketing program. We believe that if a pear Independence Avenue, SW., Agreement Act of 1937, as amended (7 program were in effect under part 917, Washington, DC 20250–0231, (202) 690– U.S.C. 601–674), provides that similar conclusions could be made 1366, e-mail address: administrative proceedings must be regarding the 610 review as have been [email protected]. exhausted before parties may file suit in made for nectarines and peaches. SUPPLEMENTARY INFORMATION: The court. Under section 608c(15)(A) of the Based upon its review, AMS has Regulatory Flexibility Act (5 U.S.C. Act, any handler subject to an order may determined that the nectarine and peach 601–612) requires the Agency to file with the Secretary a petition stating marketing orders should be continued, examine the impact of a proposed rule that the order, any provisions of the and that the pear order provisions on small entities. Pursuant to 5 U.S.C. order, or any obligation imposed in should be continued, as suspended. 605(b), the Administrator of the connection with the order is not in The marketing orders were Agricultural Marketing Service has accordance with the law and may established to help the California certified that this rule will not have a request a modification of an order or to nectarine and peach industries work significant economic impact on a be exempted from the order. After a with USDA to solve marketing substantial number of small entities. In hearing, the Secretary would rule on the problems. The marketing order accordance with the Regulatory petition. The Act provides that the regulations on grade, size, maturity, Flexibility Act (5 U.S.C. 601 et seq.), the district in which the handler is an quality, container marking and pack Agricultural Marketing Service has inhabitant, or has its principal place of requirements, mandatory inspection, considered the economic impact of this business, has jurisdiction in equity to and reporting; and cultural research, action on small entities and has certified review the Secretary’s ruling on the marketing research, marketing that this proposed action will not have petition, provided a bill in equity is development, and promotion continue a significant economic impact on a filed not later than 20 days after the date to be beneficial to producers, handlers, substantial number of small entities. of the entry of the ruling. and consumers. AMS will continue to This rule would eliminate the regulatory This order of termination is issued work with the California nectarine and impact of the order on dairy farmers and pursuant to the provisions of the peach industries in maintaining regulated handlers. For the purpose of Agricultural Marketing Agreement Act effective marketing order programs. the Regulatory Flexibility Act, a dairy and of the order regulating the handling of the milk in the Western marketing Dated: February 18, 2004. farm is considered a ‘‘small business’’ if area. A.J. Yates, it has an annual gross revenue of less Administrator, Agricultural Marketing than $750,000, and a dairy products Prior Documents in This Proceeding: manufacturer is a ‘‘small business’’ if it Service. Proposed Termination of Order: has fewer than 500 employees. In the [FR Doc. 04–3956 Filed 2–23–04; 8:45 am] Issued January 7, 2004; published Western Federal milk order 550 of the BILLING CODE 3410–02–P January 13, 2004 (69 FR 1957). 860 dairy producers (farmers), or 64 Tentative Final Decision: Issued percent, whose milk was pooled under August 8, 2003; published August 18, the order in June 2003 would meet the DEPARTMENT OF AGRICULTURE 2003 (68 FR 49375). definition of small businesses. On the Agricultural Marketing Service processing side, 15 of the 42 milk plants Statement of Consideration or 36 percent associated with the This rule terminates the Western 7 CFR Part 1135 Western milk order during June 2003 Federal milk marketing order, effective would qualify as ‘‘small businesses’’. [Docket No. AO–380–A18; DA–01–08–W] April 1, 2004. This rule terminates the Western In total, eight comments were Federal milk marketing order, effective Milk in the Western Marketing Area; received from interested parties. Five April 1, 2004. It is likely that market Termination of the Order comments were from dairy interests conditions would tend to become less regulated under the terms of the AGENCY: Agricultural Marketing Service, orderly or stable. However, it must be Western milk marketing order. Of these USDA. assumed that the consequences of the five comments, two supported ACTION: Final rule. termination of the Western order have termination and three expressed support been considered by those producers for retaining the current Western order. SUMMARY: This rule terminates the who rejected the proposed amended Three interested parties who are not Western Federal milk marketing order, order, and that possibly other methods regulated or pool milk on the Western effective April 1, 2004. A referendum have or will be made to replace the order also submitted comments. Of held to determine approval by stabilizing influence of the marketing these three comments, one comment did producers did not obtain the necessary order. Less than two-thirds percent of not either support or oppose two-thirds percent for adopting the the voting producers in the referendum termination and two supported amended order. In these circumstances, approved the issuance of the proposed retaining the current Western order. the continuation of the existing Western amended order. Comments that supported retaining order would not be in conformity with The Department is issuing this rule in the current Western order expressed the declared policy of the Agricultural conformance with Executive Order concern for the potential consequences Marketing Agreement Act (AMAA), the 12866. to producers in other Federal milk

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marketing orders if the Western order is that the amended order was not DATES: This rule is effective February terminated. In this regard, concerns approved by producers, it is concluded 24, 2004. The incorporation by reference were offered, most notably, that milk that the existing Western order should provided for by this rule is approved by currently pooled on the Western order be terminated because it is not in the Director of the Federal Register as of would seek to be pooled on other orders conformity with the AMAA. February 24, 2004. which may give rise to disorderly List of Subjects in 7 CFR Part 1135 FOR FURTHER INFORMATION CONTACT: Dr. marketing conditions in other markets Glen Garris, Assistant Associate Deputy and lower prices received by producers Milk marketing orders. Administrator for National Animal who pool milk under the terms of Order Health Policy and Programs, VS, APHIS, another milk marketing order. 4700 River Road Unit 33, Riverdale, MD It is therefore ordered, that the terms One comment that supported the 20737–1231; (301) 734–5875. termination of the Western order was of and provisions of the order, as SUPPLEMENTARY INFORMATION: the opinion that the current and the amended, regulating the handling of proposed amended Western order milk in the Western marketing area (7 Background CFR part 1135), except § 1135.1 which harmed specific dairy interests in Utah. The regulations in 9 CFR part 72, A second comment supporting incorporates the General Provisions in Texas (Splenetic) Fever in Cattle termination of the Western order Part 1000, are hereby terminated, (referred to below as the regulations), stressed the dairy-farmer orientation of effective on April 1, 2004. restrict the interstate movement of cattle the Federal milk marketing order ■ Accordingly, 7 CFR part 1135 is from areas quarantined because of ticks program and that the Agricultural amended as follows: that are vectors of bovine babesiosis. Marketing Agreement Act (AMAA) (the This disease is referred to in the enabling legislation for milk marketing PART 1135—MILK IN THE WESTERN regulations as splenetic or tick fever. orders) requires the proper endorsement MARKETING AREA Splenetic or tick fever is a contagious, of producers before milk order ■ 1. The authority citation for 7 CFR Part infectious, and communicable disease of regulations can be implemented. This 1135 continues to read as follows: comment stressed that the Western cattle that causes cattle to become weak order lacks this needed endorsement. In Authority: 7 U.S.C. 601–674 and 7253. and dehydrated and can cause death. Section 72.3 quarantines Guam, the this regard, the comment stressed that §§ 1135.2 through 1135.86 [Removed] the lack of the required two-thirds Northern Mariana Islands, Puerto Rico, support of producers leaves the ■ 2. Sections 1135.2 through 1135.86 and the U.S. Virgin Islands. Previously, Department with no other recourse than and the undesignated center headings in § 72.5 specifically described the area in to terminate the Western order so as to part 1135 are removed, effective on April Texas that was quarantined because of be in conformity with the requirements 1, 2004. ticks. However, in a final rule published in the Federal Register on July 30, 1999 of the AMAA. Dated: February 18, 2004. Termination of the Western order will (64 FR 41265–41266, Docket No. 96– A.J. Yates, 067–2), we replaced that description remove government enforcement of Administrator, Agricultural Marketing minimum prices to handlers and to with an incorporation by reference of Service. the Texas Animal Health Commission’s producers that are established by the [FR Doc. 04–3952 Filed 2–19–04; 3:20 pm] order. It will also remove other (TAHC) regulations in § 41.2 of title 4, stabilizing features of the regulatory BILLING CODE 3410–02–P part II, Texas Administrative Code (4 program such as: An impartial audit of TAC 41.2), that describe the quarantined area in Texas. The effective date of the handler records to insure payment to DEPARTMENT OF AGRICULTURE dairy farmers and to verify the reported TAHC regulations that we incorporated uses of milk; the assurance to farmers of Animal and Plant Health Inspection by reference was July 22, 1994. accurate weighing, testing, classification Service In a rule effective on April 8, 2001, and accounting for milk; and the the TAHC amended the tick quarantine existence of marketing information to 9 CFR Part 72 zone described in 4 TAC 41.2; evaluate market performance. Thus, it is consequently, we amended the likely that market conditions would [Docket No. 04–008–1] incorporation by reference in our tend to become less orderly or stable. regulations in § 72.5 to reflect the Texas (Splenetic) Fever in Cattle; effective date of the amended TAHC However, it must be assumed that the Incorporation by Reference consequences of the termination of the regulations (see 67 FR 18466–18467, Western order have been considered by AGENCY: Animal and Plant Health Docket No. 01–110–1). those producers who rejected the Inspection Service, USDA. In a final rule published in the Texas proposed amended order, and that ACTION: Final rule. Register on June 14, 2002, and effective possibly other methods have or will be June 23, 2002 (27 TexReg 5175–5176), made to replace the stabilizing influence SUMMARY: We are amending the Texas the TAHC revised, in their entirety, its of the marketing order. (splenetic) fever in cattle regulations by regulations concerning fever ticks. In Regardless of the possible economic updating the incorporation by reference that final rule, the TAHC reorganized its effects of terminating the Western order, of the Texas Animal Health regulations to list each county a termination is required by the AMAA. Commission’s regulations that contain containing quarantined areas in a As stated in the proposed termination, the description of the areas in Texas separate section. Thus, the description less than two-thirds percent of the quarantined because of ticks. This of the quarantined area that had been voting producers in the referendum action is necessary to update the found in 4 TAC 41.2 is now distributed approved the issuance of the proposed incorporation by reference to reflect the across §§ 41.14 through 41.22 of title 4, amended order. In these circumstances, Texas Animal Health Commission’s part II, Texas Administrative Code. The where it has been determined that the changes to the organization of its boundaries of the quarantined areas order should be amended to effectuate regulations that describe the described were not affected by this the declared policy of the AMAA, and quarantined area. reorganization.

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Therefore, in order for our regulations under No. 10.025 and is subject to Done in Washington, DC, this 13th day of to reflect the TAHC’s reorganization of Executive Order 12372, which requires February 2004. its regulations concerning fever ticks, intergovernmental consultation with Kevin Shea, we are amending the incorporation by State and local officials. (See 7 CFR part Acting Administrator, Animal and Plant reference in § 72.5 to cite 4 TAC 41.14 3015, subpart V.) Health Inspection Service. through 41.22 as the location of the [FR Doc. 04–3722 Filed 2–23–04; 8:45 am] Executive Order 12988 TAHC’s regulations describing areas BILLING CODE 3410–34–P quarantined for fever ticks and to This rule has been reviewed under specify the June 23, 2002, effective date Executive Order 12988, Civil Justice of the current TAHC regulations. Reform. This rule: (1) Preempts all State SECURITIES AND EXCHANGE and local laws and regulations that are COMMISSION Effective Date in conflict with this rule; (2) has no We are taking this action to update retroactive effect; and (3) does not 17 CFR Part 200 our regulations with respect to changes require administrative proceedings that have already occurred in the before parties may file suit in court [Release No. 34–49259] organization of the TAHC’s regulations challenging this rule. Delegation of Authority to the Director that describe the areas of Texas Paperwork Reduction Act of the Division of Market Regulation quarantined because of ticks. It does not appear that public participation in this This interim rule contains no new AGENCY: Securities and Exchange rulemaking proceeding would make information collection or recordkeeping Commission. additional relevant information requirements under the Paperwork ACTION: Final rule. available to the Department. Reduction Act of 1995 (44 U.S.C. 3501 Accordingly, pursuant to the et seq.). SUMMARY: The Securities and Exchange Commission (‘‘Commission’’) is administrative procedure provisions in List of Subjects in 9 CFR Part 72 5 U.S.C. 553, we find upon good cause amending its Rules of Practice to that prior notice and other public Animal diseases, Cattle, Incorporation delegate its authority to the Director of procedure with respect to this rule are by reference, Quarantine, the Division of Market Regulation to unnecessary. We also find good cause Transportation. grant or deny exemptions from the rule for making this rule effective less than ■ Accordingly, we are amending 9 CFR filing requirements of section 19(b) of 30 days after publication in the Federal part 72 as follows: the Securities Exchange Act of 1934 Register. (‘‘Exchange Act’’) pursuant to section 36 PART 72—TEXAS (SPLENETIC) FEVER of the Exchange Act, in cases of a self- Executive Order 12866 and Regulatory IN CATTLE regulatory organization (‘‘SRO’’) Flexibility Act ■ 1. The authority citation for part 72 incorporating by reference the rules of This rule has been reviewed under continues to read as follows: another SRO. The delegation of Executive Order 12866. For this action, authority is intended to conserve the Office of Management and Budget Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22, Commission resources by permitting the has waived its review under Executive 2.80, and 371.4. staff to review and act on exemptive Order 12866. ■ 2. Section 72.5 is revised to read as applications under section 36 when The Animal and Plant Health follows: appropriate. Inspection Service’s (APHIS) regulations § 72.5 Area quarantined in Texas. EFFECTIVE DATE: February 24, 2004. in 9 CFR part 72 restrict the interstate movement of cattle from areas The area quarantined in Texas is the FOR FURTHER INFORMATION CONTACT: quarantined because of the presence of quarantined area described in the Florence Harmon, Senior Special ticks that are vectors of bovine regulations of the Texas Animal Health Counsel, at (202) 942–0773; Geoffrey babesiosis, also known as splenetic or Commission (TAHC) contained in Pemble, Special Counsel, at (202) 942– tick fever. The TAHC’s regulations §§ 41.14 through 41.22 of title 4, part II, 0757, Office of Market Supervision, describing the quarantined area in Texas of the Texas Administrative Code (4 Division of Market Regulation, are incorporated by reference in APHIS’ TAC 41.14 through 41.22), effective June Securities and Exchange Commission, regulations in § 72.5. 23, 2002, which is incorporated by 450 Fifth Street, NW., Washington, DC This rule updates the incorporation reference. This incorporation by 20549–1001. by reference in § 72.5 so that it reflects reference was approved by the Director SUPPLEMENTARY INFORMATION: The the changes made by the TAHC to its of the Federal Register in accordance Commission today announces an regulations describing the quarantined with 5 U.S.C. 552(a) and 1 CFR part 51. amendment to its Rules of Practice areas in Texas. The amendments in this Copies of 4 TAC 41.14 through 41.22 governing Delegations of Authority to rule are entirely administrative in may be obtained from the TAHC at 2105 the Director of the Division of Market nature, thus we do not expect this rule Kramer Lane, Austin, TX 78758, and Regulation (‘‘Director’’).1 The will have an economic effect on any from area offices of the TAHC, which amendment adds to Rule 30–3 a new entities, large or small. are listed in local Texas telephone paragraph (a)(78) authorizing the Under these circumstances, the directories. The TAHC also maintains a Director to grant or deny exemptions Administrator of the Animal and Plant copy of its regulations on its Internet from the rule filing requirements of Health Inspection Service has homepage at http:// section 19(b) of the Exchange Act under determined that this action will not www.tahc.state.tx.us/. Copies may be section 36 of the Exchange Act in a case have a significant economic impact on inspected at the Animal and Plant where an SRO chooses to incorporate by a substantial number of small entities. Health Inspection Service, Veterinary reference one or more rules of another Services, suite 3B08, 4700 River Road, SRO.2 Executive Order 12372 Riverdale, MD, or at the Office of the This program/activity is listed in the Federal Register, 800 North Capitol 1 17 CFR 200.30–3. Catalog of Federal Domestic Assistance Street, NW., suite 700, Washington, DC. 2 15 U.S.C. 78s(b) and 78mm.

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Section 36(a) provides that ‘‘the Authority: 15 U.S.C. 77s, 78d–1, 78d–2, ACTION: Interim final rule; correction. Commission, by rule, regulation, or 78w, 78ll(d), 78mm, 79t, 77sss, 80a–37, 80b– order, may conditionally or 11, unless otherwise noted. SUMMARY: The Food and Drug unconditionally exempt any person, * * * * * Administration (FDA) is correcting an security, or transaction, or any class or ■ 2. Section 200.30–3 is amended by interim final rule that appeared in the classes of persons, securities, or adding paragraph (a)(78) to read as Federal Register of October 10, 2003 (68 transactions, from any provision or follows: FR 58974; corrected February 2, 2004 provisions of this title or of any rule or (69 FR 4851). The correction document regulation thereunder, to the extent that § 200.30–3 Delegation of authority to the (69 FR 4851) was published with such exemption is necessary or Director of Division of Market Regulation. typographical errors in a Web site appropriate in the public interest, and is * * * * * address. This document corrects those consistent with the protection of (a) * * * errors. 3 investors.’’ (78) Pursuant to section 36 of the Act DATES: Effective February 24, 2004. The delegation of authority to the (15 U.S.C. 78mm) to review and grant or FOR FURTHER INFORMATION CONTACT: Director is intended to conserve deny exemptions from the rule filing Deborah Ralston, Office of Regulatory Commission resources by permitting the requirements of section 19(b) (15 U.S.C. staff, pursuant to section 36(a), to 78s(b)) of the Act, in a case where a self- Affairs, Office of Regional Operations, review and act on exemptive regulatory organization elects to Food and Drug Administration, 5600 applications from section 19(b) of SROs incorporate by reference one or more Fishers Lane, Rockville, MD 20857, incorporating the rules of another SRO. rules of another self-regulatory 301–443–6230. Nevertheless, the staff may submit organization, provided that the SUPPLEMENTARY INFORMATION: In FR Doc. matters to the Commission for following specified terms and 04–1592, appearing on page 4851 in the consideration as it deems appropriate. conditions are met: Federal Register of Monday, February 2, In addition, under section 4A(b) of the (i) A self-regulatory organization 2004, in the second column, in the fifth Exchange Act, the Commission retains electing to incorporate rules of another numbered correction, the following discretionary authority to review, upon self-regulatory organization has correction is made: its own initiative or upon application by requested to incorporate rules other 1. On page 59072, in the second a party adversely affected, any than trading rules (e.g., the self- column, in § 1.280(d), in the first exemption granted or denied by the regulatory organization has requested to sentence, remove the phrase ‘‘http:// Director pursuant to delegated incorporate rules such as margin, www.fda.gov’’ and replace it with the authority.4 suitability, arbitration); phrase ‘‘http://www.cfsan.fda.gov/ The Commission finds, in accordance (ii) A self-regulatory organization ~furls/fisstat.html’’ and, in the third with section 553(b)(A) of the electing to incorporate rules of another sentence, remove the phrase ‘‘is listed at Administrative Procedure Act,5 that this self-regulatory organization has http://www.fda.gov—see Prior Notice’’ amendment relates solely to agency requested to incorporate by reference and replace it with the phrase ‘‘will be organization, procedure, or practice, and categories of rules (rather than to listed at http://www.access.fda.gov or does not relate to a substantive rule. incorporate individual rules within a http://www.cfsan.fda.gov/~furls/ Accordingly, notice, opportunity for category); and fisstat.html, whichever FDA determines public comment, and publication of the (iii) The incorporating self-regulatory is available’’. amendment prior to its effective date are organization has reasonable procedures Dated: February 15, 2004. unnecessary. in place to provide written notice to its Jeffrey Shuren, List of Subjects in 17 CFR Part 200 members each time a change is Assistant Commissioner for Policy. proposed to the incorporated rules of [FR Doc. 04–3941 Filed 2–23–04; 8:45 am] Administrative practice and another self-regulatory organization. procedure, Authority delegations BILLING CODE 4160–01–S (Government agencies), Organization * * * * * and functions (Government agencies). Dated: February 17, 2004. By the Commission. Text of Amendment DEPARTMENT OF THE TREASURY Margaret H. McFarland, ■ In accordance with the preamble, the Deputy Secretary. Internal Revenue Service Commission hereby amends title 17, [FR Doc. 04–3881 Filed 2–23–04; 8:45 am] chapter II of the Code of Federal BILLING CODE 8010–01–P 26 CFR Part 1 Regulations as follows: [TD 9110] PART 200—ORGANIZATION; CONDUCT AND ETHICS; AND DEPARTMENT OF HEALTH AND RIN 1545–BA85 INFORMATION AND REQUESTS HUMAN SERVICES Section 42 Carryover and Stacking Subpart A—Organization and Program Food and Drug Administration Rule Amendments; Correction Management 21 CFR Part 1 AGENCY: Internal Revenue Service (IRS), ■ 1. The authority citation for part 200, Treasury. [Docket No. 2002N–0278] subpart A, continues to read, in part, as ACTION: Correction to final regulations. follows: Prior Notice of Imported Food Under the Public Health Security and SUMMARY: This document contains 3 15 U.S.C. 78mm(a). Bioterrorism Preparedness and corrections to final regulations that were 4 For information concerning the filing of published in the Federal Register on exemptive relief applications, see Exchange Act Response Act of 2002; Correction Release No. 39624 (February 5, 1998), 63 FR 8101 January 6, 2004 (69 FR 502) that amend (February 18, 1998); 17 CFR 240.0–12. AGENCY: Food and Drug Administration, several existing regulations concerning 5 5 U.S.C. 553(b)(A). HHS. the low-income housing tax credit.

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EFFECTIVE DATE: These corrections are Secretary therefore takes this action to Note: The official version of this document effective January 6, 2004. remove the regulations. is the document published in the Federal Register. Free Internet access to the official DATES: Part 345 is removed effective FOR FURTHER INFORMATION CONTACT: edition of the Federal Register and the Code Lauren R. Taylor (202) 622–3040 or March 25, 2004. of Federal Regulations is available on GPO Christopher J. Wilson (808) 539–2874 FOR FURTHER INFORMATION CONTACT: Access at: http://www.gpoaccess.gov/nara/ (not a toll free number). Sandy M. Jablonski, U.S. Department of index.html. SUPPLEMENTARY INFORMATION: Education, room 6C109, FB–6, 400 Maryland Avenue, SW., Washington, List of Subjects in 34 CFR Part 345 Background DC 20202–2110. Telephone: (202) 401– Grant programs-education, The final regulations that are the 8300. Individuals with disabilities, Reporting If you use a telecommunications subject of these corrections are under and recordkeeping requirements, device for the deaf (TDD), you may call section 42 of the Internal Revenue Code. Research. the Federal Information Relay Service Need for Correction (FIRS) at 1–800–877–8339. Dated: February 18, 2004. As published, the final regulations Individuals with disabilities may Troy R. Justesen, (TD 9110), contains errors that may obtain this document in an alternative Acting Deputy Assistant Secretary for Special prove to be misleading and are in need format (e.g., Braille, large print, Education and Rehabilitative Services. of clarification. audiotape, or computer diskette) on request to the contact person listed in PART 345—STATE GRANTS Correction of Publication this section. PROGRAM FOR TECHNOLOGY- SUPPLEMENTARY INFORMATION: The RELATED ASSISTANCE FOR ■ Accordingly, the publication of the INDIVIDUALS WITH DISABILITIES final regulations (TD 9110), which were Department has reviewed its regulations and has identified the regulations the subject of FR Doc. 03–32219, is ■ removed by this document as obsolete For the reasons stated in the preamble, corrected as follows: and unnecessary. The regulations under the authority at 20 U.S.C. 1221e– ■ 1. On page 502, column 3, in the removed are 34 CFR part 345 (State 3, the Secretary amends title 34 of the preamble under the paragraph heading Grants Program for Technology-Related Code of Federal Regulations by removing ‘‘Special Analyses’’, line 13, the Assistance for Individuals with part 345. language ‘‘(5 U.S.C. chapter 6) does not Disabilities). [FR Doc. 04–3850 Filed 2–23–04; 8:45 am] apply.’’ Is corrected to read ‘‘(5 U.S.C. The regulations being removed are no BILLING CODE 4000–01–P chapter 6) does not apply. The collection longer necessary because the statutory of information contained in this authority for the regulations ‘‘the Treasury decision has been previously Technology-Related Assistance for FEDERAL COMMUNICATIONS reviewed and approved by the Office of Individuals with Disabilities Act of COMMISSION Management and Budget in accordance 1988—has been superseded by the with the Paperwork Reduction Act (44 Assistive Technology Act of 1998, 29 47 CFR Part 64 U.S.C. 3507) under control number U.S.C. 3001 through 3058. 1545–1102.’’ [CC Docket No. 98–67, FCC 03–112; DA 04– Waiver of Proposed Rulemaking 347] § 1.42–14 [Corrected] In accordance with the ■ 2. On page 506, column 1, § 1.42– Administrative Procedure Act (5 U.S.C. Telecommunications Relay Services 14(l)(2), line 12, the language ‘‘subject to 553), it is the practice of the Secretary and Speech-to-Speech Services for the applicable applicability’’ is corrected to offer interested parties the Individuals With Hearing and Speech to read ‘‘subject to the applicable opportunity to comment on proposed Disabilities effective’’. regulations. However, this document AGENCY: Federal Communications merely removes obsolete regulations Cynthia E. Grigsby, Commission. from the Code of Federal Regulations. Acting Chief, Publications and Regulations Removal of the regulations does not ACTION: Final rule; announcement of Branch, Legal Processing Division, Associate effective date. Chief Counsel, (Procedure and establish or affect substantive policy. Therefore, the Secretary has determined, Administration). SUMMARY: In this document, the pursuant to 5 U.S.C. 553(b)(B), that [FR Doc. 04–3998 Filed 2–23–04; 8:45 am] Commission announces that the Office public comment is unnecessary and BILLING CODE 4830–01–P of Management and Budget (OMB) has contrary to the public interest. approved for three years the information Electronic Access to This Document collection requirements contained in the DEPARTMENT OF EDUCATION You may view this document, as well Telecommunications Relay Services and as all other documents of this Speech-to-Speech Services for 34 CFR Part 345 Department published in the Federal Individuals with Hearing and Speech Disabilities, Second Report and Order, Removal of Regulations Register, in text or Adobe Portable Document Format (PDF) on the Internet Order on Reconsideration (Second AGENCY: Department of Education. at the following site: http://www.ed.gov/ Report and Order). Also, this document includes the effective date of 47 CFR ACTION: Final regulations. news/fedregister. To use PDF you must have Adobe 64.604 (a)(3)(v), (vi) and (viii) that were SUMMARY: The Secretary amends the Acrobat Reader, which is available free adopted or modified in the Second Code of Federal Regulations (CFR) to at this site. If you have questions about Report and Order, will become effective remove obsolete regulations. As a result using PDF, call the U.S. Government February 24, 2004. of the enactment of the Assistive Printing Office (GPO), toll free, at 1– DATES: 47 CFR 64.604 (a)(3) and (c)(2) Technology Act of 1998, these 888–293–6498; or in the Washington, published at 68 FR 50973, August 25, regulations are no longer needed. The DC, area at (202) 512–1530. 2003 are effective February 24, 2004.

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FOR FURTHER INFORMATION CONTACT: Commission’s new voluntary and FOR FURTHER INFORMATION CONTACT: Pam Dana Jackson or Cheryl King, Consumer mandatory reporting requirements in 47 Blumenthal, Media Bureau, (202) 418– & Governmental Affairs Bureau, CFR 64.604 (a) (3) and (c) (2). The OMB 1600. Disability Rights Office at (202) 418– Control Number is 3060–1047. The SUPPLEMENTARY INFORMATION: This is a 2517 (voice), (202) 418–7898 (TTY). annual reporting burden for the synopsis of the Commission’s Report SUPPLEMENTARY INFORMATION: This is a collection(s) of information, including and Order, MM Docket No. 00–133, summary of the Commission’s Public the time for gathering and maintaining adopted February 3, 2004, and released Notice, DA 04–347, released February the collection of information, is February 11, 2004. The full text of this 11, 2004 announcing OMB approval for estimated to be: 352 respondents, and document is available for public three years the information collection average of 5.311 hours per response per inspection and copying during regular requirements contained in Second annum, for a total hour burden of 1,366 business hours in the FCC Reference Report and Order. The information hours, and no annual cost. Under 5 CFR Information Center, Portals II, 445 12th collections were approved by OMB on 1320, an agency may not conduct or Street, SW., Room CY–A257, January 27, 2004. OMB Control Number sponsor a collection of information Washington, DC. This document may 3060–1047. The Commission publishes unless it displays a current valid OMB also be purchased from the this notice of the effective date of the Control Number. Commission’s duplicating contractor, rules. If you have any comments on No person shall be subject to any Qualex International, Portals II, 445 these burden estimates, or how we can penalty for failing to comply with a 12th Street, SW., CY–B402, Washington, improve the collection(s) and reduce the collection of information subject to the DC, 20554, telephone 202–863–2893, burden(s) they cause you, please write Paperwork Reduction Act (PRA) that facsimile 202–863–2898, or via e-mail to Les Smith, Federal Communications does not display a valid OMB Control [email protected]. Commission, Room 1–A804, 445 12th Number. List of Subjects in 47 CFR Part 73 Street, SW., Washington, DC 20554. The foregoing notice is required by Please include the OMB Control the Paperwork Reduction Act of 1995, Digital television broadcasting, Number 3060–1047, in your Public Law 104–13, October 1, 1995, 44 Television. correspondence. We will also accept U.S.C. 3507. ■ Part 73 of Title 47 of the Code of your comments regarding the Paperwork Federal Communications Commission. Federal Regulations is amended as Reduction Act aspects of the collection follows: via the Internet, if you send them to Marlene H. Dortch, [email protected] or call (202) 418– Secretary. PART 73—[AMENDED] 0217. The Second Report and Order also [FR Doc. 04–4086 Filed 2–23–04; 8:45 am] ■ adopted or modified regulations that do BILLING CODE 6712–01–P 1. The authority citation for Part 73 not require OMB approval, and states continues to read as follows: that such regulations become effective 6 Authority: 47 U.S.C. 154, 303, 334 and 336. months from the date of publication of FEDERAL COMMUNICATIONS § 73.622 [Amended] the Second Report and Order, in the COMMISSION ■ 2. Section 73.622(b), the Table of Federal Register. See Second Report 47 CFR Part 73 and Order at paragraph 27, released Digital Television Allotments under June 17, 2003. A summary of the Second Maine, is amended by removing DTV Report and Order was published in the [DA 04–265, MM Docket No. 00–133, RM– channel 4 and adding DTV channel 43 at Federal Register at 68 FR 50973, August 9895] Portland. 25, 2003. However, 47 CFR 64.604 (a) Digital Television Broadcast Service; Federal Communications Commission. (3), (v), (vi) and (viii) that do not require Portland, ME Barbara A. Kreisman, OMB approval, published at 68 FR Chief, Video Division, Media Bureau. 50973, August 25, 2003, will become AGENCY: Federal Communications [FR Doc. 04–3964 Filed 2–23–04; 8:45 am] effective February 24, 2004. A copy of Commission. the TRS rules, as amended, will appear BILLING CODE 6712–01–P after that date on the Commission’s ACTION: Final rule. website at: http://www.fcc.gov/cgb/dro/ SUMMARY: FEDERAL COMMUNICATIONS 4regs.html. The Commission, at the request of HMW, Inc., substitutes DTV COMMISSION To request materials in accessible channel 43 for DTV channel 4 at formats for people with disabilities Portland, Maine. See 67 FR 9646, March 47 CFR Part 73 (Braille, large print, electronic files, 4, 2002. DTV channel 43 can be allotted audio format), send an e-mail to [DA 04–264, MB Docket No. 03–193, RM– to Portland, Maine, in compliance with [email protected] or call the Consumer & 10768] the principal community coverage Governmental Affairs Bureau at (202) requirements of Section 73.625(a) at Digital Television Broadcast Service; 418–0531 (voice), (202) 418–7365 reference coordinates 43–51–06 N. and Hobbs, NM (TTY). This Public Notice can also be 70–19–40 W. with a power of 750, downloaded in Text and ASCII formats AGENCY: Federal Communications HAAT of 265 meters and with a DTV at: http://www.fcc.gov/cgb/dro. Commission. service population of 670 thousand. Synopsis Since the community of Portland is ACTION: Final rule. As required by the Paperwork located within 400 kilometers of the SUMMARY: The Commission, at the Reduction Act of 1995 (44 U.S.C. 3507), U.S.-Canadian border, concurrence from request of Eastern New Mexico the FCC is notifying the public that it the Canadian government was obtained University, allots DTV channel *47 to received approval from OMB on January for this allotment. With this action, this Hobbs, New Mexico, as the 27, 2004, for the collection(s) of proceeding is terminated. community’s first noncommercial information contained in the DATES: Effective March 29, 2004. television allotment. See 68 FR 54408,

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September 17, 2003. DTV channel *47 ACTION: Final rule. FEDERAL COMMUNICATIONS can be allotted to Hobbs, New Mexico, COMMISSION in compliance with sections 73.623(d) SUMMARY: The Commission, at the and 73.625(a) of the Commission’s Rules request of Knoxville Channel 25, LLC, 47 CFR Part 73 at coordinates 32–45–20 N. and 103–11– substitutes DTV channel 7 for channel 26- at Knoxville, Tennessee. See 68 FR 09 W. With this action, this proceeding [DA 04–245; MM Docket No. 02–199; RM– is terminated. 62046, October 31, 2003. DTV channel 7 can be allotted to Knoxville in 10514] DATES: Effective March 22, 2004. compliance with the Sections Radio Broadcasting Services; FOR FURTHER INFORMATION CONTACT: Pam 73.623(c)(2) and 73.625(a) of the Magnolia, AR and Oil City, LA Blumenthal, Media Bureau, (202) 418– Commission’s Rules at reference 1600. coordinates 36–00–36 N. and 83–55–57 AGENCY: Federal Communications SUPPLEMENTARY INFORMATION: This is a W. with a power of 55, HAAT of 367 Commission. synopsis of the Commission’s Report meters and with a DTV service and Order, MB Docket No. 03–193, population of 1048 thousand. With this ACTION: Final rule, petition for adopted February 3, 2004, and released action, this proceeding is terminated. reconsideration. February 6, 2004. The full text of this DATES: Effective March 29, 2004. document is available for public FOR FURTHER INFORMATION CONTACT: Pam SUMMARY: This document denies a inspection and copying during regular Blumenthal, Media Bureau, (202) 418– petition for reconsideration filed by business hours in the FCC Reference 1600. Access.1 Communications-Shreveport, Information Center, Portals II, 445 12th SUPPLEMENTARY INFORMATION: This is a LLC seeking reconsideration of the Street, SW., Room CY–A257, Report and Order in this proceeding. Washington, DC. This document may synopsis of the Commission’s Report and Order, MB Docket No.03–224, See 68 FR 27940 May 22, 2003. The also be purchased from the petition for reconsideration was Commission’s duplicating contractor, adopted February 5, 2004, and released opposed by Columbia Broadcasting Qualex International, Portals II, 445 February 12, 2004. The full text of this Company, Inc. licensee of Station 12th Street, SW., CY–B402, Washington, document is available for public DC, 20554, telephone 202–863–2893, inspection and copying during regular KVMA–FM, Magnolia, Arkansas. We facsimile 202–863–2898, or via e-mail business hours in the FCC Reference find that this document is not subject to [email protected]. Information Center, Portals II, 445 12th the requirements of Congressional Street, SW., Room CY–A257, Review Act because it denies the List of Subjects in 47 CFR Part 73 Washington, DC. This document may petition for reconsideration filed by Digital television broadcasting, also be purchased from the Access.1 Communications-Shreveport, Television. Commission’s duplicating contractor, LLC. ■ Part 73 of Title 47 of the Code of Qualex International, Portals II, 445 FOR FURTHER INFORMATION CONTACT: Federal Regulations is amended as 12th Street, SW., CY–B402, Washington, follows: DC, 20554, telephone 202–863–2893, Victoria M. McCauley, Media Bureau, facsimile 202–863–2898, or via e-mail (202) 418–2180. [email protected]. PART 73—[AMENDED] SUPPLEMENTARY INFORMATION: This is a ■ 1. The authority citation for Part 73 List of Subjects in 47 CFR Part 73 synopsis of the Commission’s continues to read as follows: Digital television broadcasting, Memorandum Opinion and Order in Authority: 47 U.S.C. 154, 303, 334 and 336. Television. MM Docket No. 02–199, adopted ■ Part 73 of Title 47 of the Code of January 29, 2004, and released January § 73.622 [Amended] Federal Regulations is amended as 30, 2004. The full text of this decision ■ 2. Section 73.622(b), the Table of follows: is available for inspection and copying Digital Television Allotments under during normal business hours in the New Mexico, is amended by adding DTV PART 73—[AMENDED] FCC’s Reference Information Center at channel *47 at Hobbs. ■ 1. The authority citation for Part 73 Portals II, CY–A257, 445 12th Street, Federal Communications Commission. continues to read as follows: SW., Washington, DC. The complete text of this decision may also be Barbara A. Kreisman, Authority: 47 U.S.C. 154, 303, 334 and 336. purchased from the Commission’s copy Chief, Video Division, Media Bureau. § 73.606 [Amended] contractor, Qualex International, Portals [FR Doc. 04–3962 Filed 2–23–04; 8:45 am] ■ ll, 445 12th Street, SW., Room CY–B402, BILLING CODE 6712–01–P 2. Section 73.606(b), the Table of Television Allotments under Tennessee, Washington, DC 20554, telephone 202– is amended by removing TV channel 26- 863–2893, facsimile 202–863–2898, or FEDERAL COMMUNICATIONS at Knoxville. via e-mail [email protected]. COMMISSION § 73.622 [Amended] Federal Communications Commission. John A. Karousos, 47 CFR Part 73 ■ 3. Section 73.622(b), the Table of Digital Television Allotments under Assistant Chief, Audio Division, Media [DA 04–272, MB Docket No. 03–224, RM– Bureau. 10801] Tennessee, is amended by adding DTV channel 7 at Knoxville. [FR Doc. 04–3961 Filed 2–23–04; 8:45 am] BILLING CODE 6712–01–P Digital Television Broadcast Service Federal Communications Commission. and Television Broadcast Service; Barbara A. Kreisman, Knoxville, TN Chief, Video Division, Media Bureau. AGENCY: Federal Communications [FR Doc. 04–3965 Filed 2–23–04; 8:45 am] Commission. BILLING CODE 6712–01–P

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FEDERAL COMMUNICATIONS Washington, DC 20554, (202) 863–2893, 6, 2004. The full text of this decision is COMMISSION facsimile (202) 863–2898, or via e-mail available for inspection and copying [email protected]. during normal business hours in the 47 CFR Part 73 FCC’s Reference Information Center at List of Subjects in 47 CFR Part 73 [DA 04–285; MB Docket No. 02–79; RM– Portals II, CY–A257, 445 12th Street, 10424] Radio, Radio broadcasting. SW., Washington, DC. The complete ■ Part 73 of title 47 of the Code of Federal text of this decision may also be Radio Broadcasting Services; Park Regulations is amended as follows: purchased from the Commission’s copy City, MT contractor, Qualex International, Portals PART 73—RADIO BROADCAST II, 445 12th Street, SW., Room CY–B402, AGENCY: Federal Communications SERVICES Washington, DC 20554, telephone 202– Commission. ■ 1. The authority citation for Part 73 863–2893, facsimile 202–863–2898, or ACTION: Final rule. continues to read as follows: via e-mail [email protected] SUMMARY: The Audio Division, at the Authority: 47 U.S.C. 154, 303, 334 and 336. List of Subjects in 47 CFR Part 73 request of Chaparral Broadcasting, Inc., Radio, Radio broadcasting. § 73.202 [Amended] licensee of FM Station KLZY, Channel ■ Part 73 of Title 47 of the Code of 223C, Powell, Wyoming, removes ■ 2. Section 73.202(b), the Table of FM Federal Regulations is amended as Channel 223C at Powell, Wyoming, Allotments under Montana, is amended follows: from the FM Table of Allotments, allots by adding Channel 222C and by Channel 223C0 at Park City, Montana, removing Channel 223C at Miles City, PART 73—RADIO BROADCAST as the community’s first local FM and by adding Park City, Channel 223C. SERVICES service, and modifies the license of FM ■ 3. Section 73.202(b), the Table of FM Station KLZY to specify operation on ■ 1. The authority citation for Part 73 Allotments under Wyoming, is amended continues to read as follows: Channel 223C0 at Park City. Channel by adding Byron, Channel 281C. 223C0 can be allotted to Park City, Authority: 47 U.S.C. 154, 303, 334 and 336. Montana, in compliance with the Federal Communications Commission. Commission’s minimum distance John A. Karousos, § 73.202 [Amended] separation requirements with a site Assistant Chief, Audio Division, Media ■ 2. Section 73.202(b), the Table of FM restriction of 23.8 km (14.8 miles) Bureau. allotments under California, is amended southeast of Park City. The coordinates [FR Doc. 04–3967 Filed 2–23–04; 8:45 am] by adding Big Sur, Channel 240A. for Channel 223C0 at Park City, BILLING CODE 6712–01–P Federal Communications Commission. Montana, are 45–32–24 North Latitude John A. Karousos, and 108–38–34 West Longitude. The Assistant Chief, Audio Division, Media Audio Division also allots Channel 221C FEDERAL COMMUNICATIONS COMMISSION Bureau. at Byron, Wyoming, as the community’s [FR Doc. 04–3968 Filed 2–23–04; 8:45 am] first local FM service. Channel 221C can 47 CFR Part 73 BILLING CODE 6712–01–P be allotted to Byron, Wyoming, with a site restriction of 44.7 kilometers (27.7 [DA 04–143, MM Docket No. 01–248, RM– 10241 and RM–10342] miles) southwest of Byron. The FEDERAL COMMUNICATIONS coordinates for Channel 221C at Byron, COMMISSION Wyoming, are 44–38–08 NL and 109– Radio Broadcasting Services; Big Sur, Chualar, and Dos Palos, CA 01–20 WL. The Audio Division also 47 CFR Part 73 substitutes Channel 222C for Channel AGENCY: Federal Communications 223C at Miles City, Montana, and [DA 04–235; MB Docket No. 02–335; RM– Commission. 10545] modifies the license of FM Station ACTION: Final rule. KKRY to specify operation on Channel Radio Broadcasting Services; 222C at Miles City, Montana, at the SUMMARY: This document grants a Coopersville, Hart, and Pentwater, MI existing reference coordinates. counterproposal to allot Channel 240A AGENCY: DATES: Effective March 25, 2004. to Big Sur, California, as its first local Federal Communications Commission. FOR FURTHER INFORMATION CONTACT: aural service, at reference coordinates ACTION: Final rule. Deborah Dupont, Media Bureau, (202) 36–15–28 and 121–49–28. The document also denies a rulemaking 418–2180. SUMMARY: In response to a Notice of petition to reallot and change the SUPPLEMENTARY INFORMATION: This is a Proposed Rulemaking, 67 FR 71925, community of license for Station synopsis of the Commission’s Report December 30, 2002, this document KSKD(FM), Channel 240A, from Dos and Order, MB Docket No. 02–79, grants a petition for rulemaking filed Palos to Chualar, California, because adopted February 4, 2004 and released jointly by Waters Broadcasting this would not result in a preferential February 9, 2004. The full text of this Corporation, licensee of Station WCXT, arrangement of allotments. See 66 FR Commission decision is available for Hart, Michigan, and Synergy Media, 51361, published October 9, 2001. inspection and copying during normal Inc., licensee of Station WWKR, business hours in the FCC Information DATES: Effective March 22, 2004. Pentwater, Michigan. Channel 287B is Center, Portals II, 445 12th Street, SW., FOR FURTHER INFORMATION CONTACT: substituted for Channel 287C2 at Hart Room CY–A257, Washington, DC 20554. Andrew J. Rhodes, Media Bureau, (202) and is reallotted from Hart, Michigan, to The complete text of this decision may 418–2180. Coopersville, Michigan, with the license also be purchased from the SUPPLEMENTARY INFORMATION: This is a for Station WCXT modified to specify Commission’s duplicating contractor, synopsis of the Commission’s Report operation on Channel 287B at Qualex International, Portals II, 445 and Order, MM Docket 01–248, adopted Coopersville. The Audio Division 12th Street, SW., Room CY–B402, February 4, 2004, and released February granted a minor change application

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(BPH–20020116AAR) on May 1, 2002, Federal Communications Commission. paragraph 11.101(b)(1). NASA which allowed Station WCXT to specify John A. Karousos, published an interim rule in the Federal operation on Channel 287C2 in lieu of Assistant Chief, Audio Division, Media Register at 68 FR 43333–43334 on July Channel 287C1 at Hart, Michigan. Bureau. 22, 2003, providing procedures for Station WCXT received a construction [FR Doc. 04–3970 Filed 2–23–04; 8:45 am] FAST reporting. permit on Channel 231C3 is reallotted BILLING CODE 6712–01–P No public comments were received. from Pentwater, Michigan, to Hart, The interim rule is converted to a final Michigan, to provide continuing service at Hart with the license for Station rule without change. This is not a NATIONAL AERONAUTICS AND significant regulatory action, and WWKR modified accordingly. The SPACE ADMINISTRATION coordinates for Channel 287B at therefore, was not subject to review Coopersville are 43–17–20 and 86–02– 48 CFR Parts 1801, 1811, 1823, 1851, under section 6(b) of Executive Order 51. Channel 231C3 is allotted at Hart at and 1852 12866, Regulatory Planning and Review, coordinates 43–51–33 and 86–18–27. dated September 30, 1993. This final The counterproposal filed by Fort Bend Government-Owned Contractor- rule is not a major rule under 5 U.S.C. Broadcasting Company has been Operated Vehicle Fleet Management 804. and Reporting dismissed. With this action this B. Regulatory Flexibility Act proceeding is terminated. AGENCY: Office of Procurement, Contract DATES: Effective March 22, 2004. Management Division, National NASA certifies that this final rule will FOR FURTHER INFORMATION CONTACT: Aeronautics and Space Administration not have a significant economic impact Kathleen Scheuerle, Media Bureau, (NASA). on a substantial number of small (202) 418–2180. businesses within the meaning of the ACTION: Final rule. SUPPLEMENTARY INFORMATION: This is a Regulatory Flexibility Act (5 U.S.C. 601 synopsis of the Commission’s Report SUMMARY: This rule adopts as final, et seq.) because it clarifies existing and Order, MB Docket No. 02–335, without change, the interim rule property reporting policies and adopted February 4, 2004, and released published in the Federal Register (68 procedures contractors must follow February 6, 2004. The reallotment from FR 43333–43334) on July 22, 2003. This when accounting for reporting assets. Hart to Coopersville is conditioned on final rule amends the NASA Federal C. Paperwork Reduction Act the reallotment of Station WWKR, Acquisition Regulation Supplement Channel 231C3, Pentwater, Michigan, to (NFS) to require contractors to collect The Paperwork Reduction Act (Pub. Hart, Michigan. Operating authority for data and report on usage of government- L. 104–13) applies because the changes Station WCXT, Channel 287B at owned contractor-operated vehicles, contain recordkeeping or information Coopersville may not be granted until including Interagency Fleet collection requirements. The Office of operations have commenced by Station Management System (IFMS) vehicles. Management and Budget approved this WWKR, Channel 231C3, at Hart, EFFECTIVE DATE: February 24, 2004. reporting requirement under OMB Michigan. The full text of this FOR FURTHER INFORMATION: Patrick control number 2700–0106. Commission decision is available for Flynn, NASA, Office of Procurement, inspection and copying during normal Contract Management Division (Code List of Subjects in 48 CFR Part 1801, business hours in the FCC Reference HK); (202) 358–0460; e-mail: 1811, 1823, 1851, and 1852 Center (Room 239), 445 12th Street, [email protected]. SW., Washington, DC. This document Government procurement. may also be purchased from the SUPPLEMENTARY INFORMATION: Tom Luedtke, Commission’s duplicating contractor, A. Background Qualex International, Portals II, 445 Assistant Administrator for Procurement. In Executive Order 13149, ‘‘Greening 12th Street, SW., Room CY–B402, Interim Rule Adopted as Final Without the Government through Federal Fleet Washington, DC, 20554, telephone 202– Change 863–2893, facsimile 202–863–2898, or and Transportation Efficiency’’, section via e-mail [email protected]. 505 requires Federal agencies to ensure Accordingly, NASA adopts the that all government-owned contractor- interim rule amending 48 CFR parts List of Subjects in 47 CFR Part 73 operated vehicles comply with all 1801, 1811, 1823, 1851, and 1852, Radio, Radio broadcasting. applicable goals and other requirements which was published in the Federal ■ Part 73 of Title 47 of the Code of of the order. Section 302(c) requires Register on July 22, 2003 (68 FR 43333– Federal Regulations is amended as agencies to collect data and report on 43334), as a final rule without change. follows: performance in meeting the goals of the order, in accordance with requirements [FR Doc. 04–3990 Filed 2–23–04; 8:45 am] PART 73—RADIO BROADCAST and guidance from the Department of BILLING CODE 7510–01–P SERVICES Energy. In July 2000, the Department of Energy prepared the Guidance ■ 1. The authority citation for Part 73 Document for Federal Agencies, as continues to read as follows: required by Executive Order 13149. Authority: 47 U.S.C. 154, 303, 334, and Section 2–3 requires agencies to report 336. data on government-owned motor ■ 2. Section 73.202(b), the Table of FM vehicle usage, using DOE’s Federal Allotments under Michigan, is amended Automotive Statistical Tool (FAST). by adding Coopersville, Channel 287B, Information required for FAST reporting by removing Channel 287C1 and adding must be obtained from contractors who Channel 231C3 at Hart, and by removing have been authorized to obtain vehicles Channel 231C3 at Pentwater. and related services pursuant to FAR

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DEPARTMENT OF COMMERCE Islands Region, NMFS, 1601 Kapiolani On September 24, 2002, NMFS Blvd., Suite 1110, Honolulu, HI 96814. published a proposed rule (67 FR National Oceanic and Atmospheric Comments will not be accepted by 59813) for those provisions of the Administration NMFS if submitted via the Internet. CREFMP that were approved by NMFS. Comments may also be submitted by e- These provisions govern fishing 50 CFR Parts 600 and 660 mail to [email protected], or activities in the coral reef ecosystem [Docket No. 020508114–3291–02; I.D. faxed to 202–395–7285. regulatory area defined as waters of the 030702C] FOR FURTHER INFORMATION CONTACT: U.S. EEZs around American Samoa, Jarad Makaiau, Council staff, at (808) Guam, Hawaii, (except for the waters of RIN 0648–AM97 522–8220 or Alvin Katekaru at 808– the U.S. EEZ around the NWHI west of ° ′ Fisheries Off West Coast States and in 973–2937. 160 50 W. long.), CNMI (except for the portion of the U.S. EEZ 0–3 nm off the the Western Pacific; Coral Reef SUPPLEMENTARY INFORMATION: Ecosystems Fishery Management Plan coastline), and the remote U.S. Pacific Electronic Access for the Western Pacific islands in the central Pacific Ocean, This final rule is also accessible via consisting of Kingman Reef, Jarvis, AGENCY: National Marine Fisheries the Internet at the Office of the Federal Howland, Baker and Wake Islands and Service (NMFS), National Oceanic and Register’s Web site at http:// Johnston and Palmyra Atolls. No-take Atmospheric Administration (NOAA), www.gpoaccess.gov/fr/index.html. and low-use MPAs are established in Commerce. the coral reef ecosystem regulatory area, ACTION: Final rule. Background where fishing for marine species is Coral reef ecosystem fisheries in prohibited and where only controlled SUMMARY: NMFS publishes this final federally managed waters of the western harvest of CREFMP management unit rule to implement the Fishery Pacific U.S. EEZs are currently species is allowed with a special permit, Management Plan for Coral Reef unregulated under the Magnuson- respectively. Any person who operates Ecosystems of the Western Pacific Stevens Fishery Conservation and under a CREFMP special permit or Region (CREFMP). The rule establishes Management Act (Magnuson-Stevens transshipment permit in the coral reef a coral reef ecosystem regulatory area, Act). The CREFMP would apply ecosystem regulatory area must record marine protected areas (MPAs), ecosystem principles to fisheries and submit catch and effort data to permitting and reporting requirements, management to conserve and protect NMFS. Large (>15.25 m or 50 ft in no-anchoring zone, gear restrictions, coral reef fisheries, their ecosystems and length) fishing vessels are prohibited and a framework regulatory process. associated habitats in the Council’s from anchoring on the offshore southern This rule also pertains to the other four management area which includes U.S. banks located in the U.S. EEZ off Guam. western Pacific fishery management EEZ waters around American Samoa, The final rule also contains gear plans with respect to fishing activities Guam, Hawaii, Commonwealth of the restrictions, such as no spear fishing at in the U.S. exclusive economic zone Northern Mariana Islands (CNMI) and night with SCUBA in the U.S. EEZ off (U.S. EEZ) of the western Pacific region the U.S. Pacific remote island areas the remote U.S. Pacific islands, and and implements Amendment 10 to the (PRIA). establishes a framework process to Fishery Management Plan for the On June 14, 2002, NMFS partially allow regulatory adjustments to the Pelagic Fisheries of the Western Pacific approved the CREFMP and parallel coral reef ecosystem management Region (Pelagics FMP), Amendment 11 amendments to the Council’s program. Except for permitting and to the Fishery Management Plan for the management plans for the Bottomfish reporting requirements that are unique Crustacean Fisheries of the Western FMP, Pelagics FMP, Precious Corals to fishing for CREFMP management unit Pacific Region (Crustaceans FMP), FMP, and the Crustaceans FMP. The species, the CREFMP regulations apply Amendment 7 to the Fishery CREFMP was approved, except for that to fishing activities governed under the Management Plan for the Bottomfish portion of the CREFMP that governs other four existing western Pacific and Seamount Groundfish Fisheries of fishing in waters of the U.S. EEZ around fishery management plans for pelagics, the Western Pacific Region (Bottomfish the Northwestern Hawaiian Islands crustaceans, bottomfish and seamount and Seamount Groundfish FMP), and (NWHI) west of 160°50′ W. long. NMFS groundfish, and precious corals. Amendment 5 to the Fishery disapproved a portion of the plan The preamble to the proposed rule Management Plan for the Precious Coral because it would be inconsistent with, presented substantial background Fisheries of the Western Pacific Region or duplicate, certain provisions of information on the purpose and (Precious Corals FMP). Executive Orders 13178 and 13196, objectives of the CREFMP, description DATES: Effective March 25, 2004. which together establish the NWHI of the principle management actions ADDRESSES: CD or paper copies of the Coral Reef Ecosystem Reserve (Reserve), that would be implemented under the CREFMP, Environmental Impact as authorized by section 6(g) of Public CREFMP, and a summary of potential Statement (EIS) for the CREFMP, Law 106–513. The Reserve encompasses impacts resulting from the proposed regulatory impact review/final a portion of the U.S. EEZ around the rule on small business entities. Also, the regulatory impact flexibility analysis NWHI from the seaward boundary of the preamble presented background (RIR/FRFA) may be obtained from Kitty State of Hawaii, out to a distance of 50 information on NMFS’ June 14, 2002, M. Simonds, Executive Director, nautical miles (nm). Specifically, partial approval of the CREFMP and Western Pacific Fishery Management section 7(b)(5) of Executive Order parallel amendments to the Fishery Council (Council), 1164 Bishop Street, 13178, one of two executive orders Management Plan (FMP) for the Suite 1400, Honolulu, HI 96813. Written establishing the Reserve, prohibits the Bottomfish and Seamount Groundfish comments regarding the burden-hour harvest of almost all living and non- Fisheries of the Western Pacific Region, estimates or other aspects of the living resources throughout the Reserve FMP for the Pelagic Fisheries of the collection-of-information requirements while the CREFMP would actively Western Pacific Region, and FMP for the contained in this final rule may be manage the same species within the Precious Coral Fisheries of the Western submitted to Alvin Katekaru, Pacific same geographical area. Pacific Region. Background information

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may be found in the preamble to the will not abdicate its responsibilities to restrictions that are applicable in the proposed rule and is not presented here. manage fishery resources in waters of Reserve. The CREFMP does not contain NMFS will make technical corrections the U.S. EEZ within the boundaries of these measures and therefore they are to 50 CFR 600.502 in Table 1 to include NWRs in the Pacific insular areas and not included in this final rule. the address of the Regional the Naval Defensive Sea Area around Comment 5: Several commenters Administrator for the new NMFS Pacific Wake Island. However, NMFS will recommended that fishing vessels be Islands Region and Director of the new continue to work closely with the required to post bonds to mitigate NMFS Pacific Islands Fisheries Science Council, Department of the Interior, U.S. adverse impacts to coral reef ecosystem Center. Corrections will also be made to Fish and Wildlife Service (USFWS), and resources in the event of vessel Table 2 with respect to the area of the Department of Defense to protect groundings. Also, vessels should be responsibility/fishery of the NMFS fishery resources and marine habitats in required to operate 24-hour vessel Pacific Islands Regional Administrator. waters of the U.S. EEZ in the western monitoring systems (VMS) by which NMFS will also make technical Pacific region which encompasses the vessel positions can be tracked when corrections to 50 CFR part 660 subpart NWRs and the Naval Defensive Sea Area approaching an MPA or reef, bank or B, subpart C, subpart D, subpart E, and around Wake Island. NMFS did not atoll. subpart F to correct an outdated title of include the requested language in the Response: The Council proposed an an organization. final rule. First, the FMP covers the insurance requirement for all vessels managed under the western Pacific Comments and Responses entire U.S. EEZ of the western Pacific region, except for the waters of the U.S. FMPs while operating in or transiting Comment 1: Two commenters EEZ around the NWHI west of 160°50′ through coral reef ecosystem MPAs. requested that the final rule contain a W. long. and the portion of the U.S. EEZ This was intended to mitigate reef definition of the U.S. Pacific remote 0–3 nm off the coastline of CNMI. damage in the event of vessel island areas (PRIA) and a description of Second, it is not uncommon for groundings or oil spills, including the various jurisdictions associated with multiple agencies to be vested with coverage of costs due to wreck removals the PRIA and Rose Atoll in American concurrent authority to manage and reef recovery activities. The Samoa, including maps depicting these resources in the same areas. As stated CREFMP however did not provide areas appearing in the CREFMP. above, NMFS will continue to work sufficient details on administering and Response: NMFS published a closely with the Council, Department of implementing this complex and novel definition of the PRIA (consisting of the Interior, USFWS, and the approach to mitigation. However, NMFS Palmyra Atoll, Kingman Reef, Jarvis Department of Defense to protect fishery is working with the Council and other Island, Baker Island, Howland Island, resources and marine habitats in waters agencies to develop appropriate Johnston Atoll, Wake Island and of the U.S. EEZ in the western Pacific strategies, including a measure on vessel Midway Atoll) in the Federal Register region which encompasses the NWRs insurance, to protect and restore coral on September 4, 2002 (67 FR 56501). and the Naval Defensive Sea Area reef ecosystem resources from vessel This definition is contained in § 660.12 around Wake Island. groundings or oil spills. of 50 CFR part 660, subpart B. Regarding Comment 3: Several commenters VMS has proven to be a viable the descriptions and maps of various requested that the final rule include technology and effective tool in fisheries jurisdictions in the PRIA and Rose language to prohibit fishing in all no- management. VMS is currently required Atoll, the CREFMP and accompanying take MPAs established under the on all Hawaii-based pelagic longline EIS contain nearly 40 pages of text and CREFMP, and within the boundaries of fishing vessels. Although it is a valuable tables, and 13 pages of maps describing Palmyra Atoll NWR, Kingman Reef monitoring tool, because logistics and and illustrating the various jurisdictions NWR, Johnston Atoll NWR, Rose Atoll management needs may differ among and authorities in the PRIA. NMFS will NWR, Baker Island NWR, Howland fisheries and geographical areas, it is make available to fishermen in a ‘‘small Island NWR, and Jarvis Island NWR, necessary that NMFS work with the entity compliance guide’’ maps unless authorized by the USFWS. Council, U.S. Coast Guard, USFWS, U.S. illustrating the jurisdictional authorities Response: The final rule prohibits Pacific islands marine resource and description of the management fishing in all no-take MPAs. The final agencies, and the fishing industry to measures implemented by the final rule. rule also prohibits fishing activities, evaluate the cost-effectiveness and Comment 2: Several commenters governed under 50 CFR part 660 subpart feasibility of requiring VMS for western questioned NMFS’ authority to J, within the boundary of a NWR unless Pacific fisheries operating in and around implement management measures in specifically authorized by the Secretary coral reef ecosystems. certain waters of the U.S. EEZ within of the Interior, regardless of whether Comment 6: One commenter the boundaries of National Wildlife that refuge was established by action of recommended that the final rule should Refuges (NWRs) in the Pacific insular the President or the Secretary of the contain measures to prevent the areas and the Naval Defensive Sea Area Interior. introduction of invasive species to around Wake Island. They requested Comment 4: Several commenters NWRs and measures to eradicate that NMFS include language in the final requested that the final rule should invasive species and recover habitats, if rule stating that the CREFMP include language stating that the NWHI they are accidentally introduced by management measures, as well as all bottomfish fishery is also governed by fishing vessels. other management measures contained Executive Orders 13178 and 13196 that Response: NMFS recognizes that in other western Pacific FMPs, begin specify, among other things, catch and invasive species pose a serious threat to seaward of the outer boundary of the effort limits, boundary limits, and gear remote Pacific island coral reef NWRs and the Naval Defensive Sea Area type limits. ecosystems such as the PRIA and also is around Wake Island. Response: Executive Orders 13178 aware that all vessels, including fishing Response: The Magnuson-Stevens Act and 13196 are currently in effect, vessels, can serve as carriers of invasive authorizes NMFS to protect, conserve, including Reserve Preservation Areas species. Given that fishing in the PRIA and manage fishery resources in the and certain other conservation measures is minimal at this time and that the U.S. EEZ, including Federal waters that either completely prohibit fishing USFWS already has measures to around the PRIA. For this reason, NMFS or allow fishing in accordance with mitigate invasive species introductions

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by any person upon entry into NWRs, bottomfish, pelagic, precious coral, and Comment 11: One commenter stated additional regulatory measure to crustacean FMPs. that CPUE should not be used as the prevent invasive species introductions Comment 9: Two commenters primary data source for determining by FMP-permitted vessels are not expressed concern over the Council’s allowable exploitation rates or biomass necessary at this time. Nonetheless, intent to designate 49 species of fish as reference points such as minimum stock NMFS will work with the Council, bottomfish management unit species size threshold (MSST) and that methods USFWS, and other Federal and state (BMUS). for determining MSY, optimum yield, marine resource agencies to develop Response: Although not an action and MSST should be made more comprehensive invasive species under the CREFMP, the Council precautionary. mitigation measures for all vessels recommended that 49 species of fish be Response: NMFS agrees that ideally transiting through the western Pacific designated as BMUS. The basis for this CPUE would not be used as the primary region. recommendation is that fishery surveys data source for determining allowable Comment 7: One commenter and reports show that these 49 species exploitation rates or biomass reference recommended that in addition to the are being harvested in the Guam and points. However, there is a paucity of fishermen reports, NMFS observers CNMI bottomfish fisheries. Also, since information on life histories, spawning should be placed on federally-permitted catch and effort data are presently being biomass, fishing mortality, natural fishing vessels to collect representative collected on these 49 species, it is mortality, and ecological relationships harvest data used to calculate fishery appropriate to continue monitoring of coral reef ecosystem resources production yields. harvest of these species as BMUS under covered by the CREFMP. As such, Response: NMFS agrees and will the bottomfish FMP. standardized CPUE and effort data Comment 10: One commenter stated consider implementing such a program. represent the best information available that the use of the mixed stock The NMFS Pacific Islands Region at this time and were used to establish exception would allow overfishing of Observer Program is one of the primary limits and reference point values individual species, contrary to the means for collecting catch data from consistent with the National Standard National Standard Guidelines under the Guidelines. NMFS agrees that additional U.S. commercial fishing and processing Magnuson-Stevens Act. Overfishing of vessels. The other programs are fishery- work needs to be conducted on western any species managed under the Pacific coral reef ecosystem fishery dependent data collected by other U.S. CREFMP should be specifically Pacific island marine resource resources to improve estimates of prohibited. biological parameters for the purpose of management authorities. The mandatory Response: The Magnuson-Stevens Act determining allowable exploitation placement of observers on fishing allows several stocks of fish which are rates. The CREFMP identifies region- vessels must be considered in terms of harvested together to be managed as a specific research needs necessary for safety issues and cost-effectiveness unit. The National Standard Guidelines improving the information base on coral relative to the level of coverage and provide specific guidance to prevent reef ecosystems for management. information required for analysis and overfishing of any fishery resource. Comment 12: One commenter management. For example, it would be However, the National Standard requested clarification on the intent of inappropriate to place observers on Guidelines also allows for a mixed stock the Council to include in the list of coral small vessels (<10.67 m or 35 ft in fishery to continue even if overfishing of reef ecosystem management unit length) due to safety concerns. As one stock in that fishery is occurring. species, all species of cephalopods, appropriate, NMFS will evaluate the Overfishing of one stock in a mixed including those that do not inhabit the need for observer coverage for vessels stock fishery is allowed if three coral reef ecosystem (water column and fishing for coral reef ecosystem conditions specified in the guidelines substrate within waters less than 50 resources and, in consultation with the are met: (1) The action will result in fathoms in total depth). The commenter Council, may consider implementing long-term net benefits to the Nation; (2) noted that the CREFMP lists the entire such a program in the future. a similar level of benefits cannot be Class Cephalopoda (squid/octopus), as Comment 8: Several commenters said achieved by modifying fleet behavior, Potentially Harvested Coral Reef Taxa the CREFMP is inconsistent with the gear selection or configuration, or other (PHCRT) which apparently would guidance provided by the Ecosystem technical characteristic so that no require a special permit issued by Principles Advisory Panel (EPAP) on overfishing would occur; and (3) the NMFS for harvesting any and all species ecosystem-based fishery management action will not cause any species or of cephalopods. The commenter also because the CREFMP exempts species evolutionarily significant unit thereof to recommended that three species of managed under other FMPs. require protection under the pelagic cephalopods be excluded from Response: NMFS disagrees. The Endangered Species Act. The CREFMP the PHCRT as they do not meet the CREFMP is the first ecosystem-based establishes formats and methods for definition of coral reef ecosystem management plan for fisheries defining overfishing definitions, management unit species as defined in developed in the U.S. and incorporates maximum sustainable yield (MSY) the proposed rule published in the many of the basic principles, goals, and control rules and reference points for Federal Register on September 24, 2002 policies for ecosystem-based coral reef ecosystem management unit (67 FR 59813). management outlined by the EPAP. The species. NMFS recognizes that there is Response: NMFS agrees that species CREFMP is a first step to fully incomplete or no information available that inhabit the pelagic ecosystem for integrating the EPAP guidance on to evaluate the stock status for virtually their entire life history are not ecosystem-based management for all of the coral reef ecosystem considered as coral reef ecosystem western Pacific FMPs and marks the management unit species, however, the management unit species. The proposed initial phase for development of fishery definitions of overfishing in the plan rule, published in the Federal Register ecosystem plans as recommended by will be revised accordingly when new on September 24, 2002 (67 FR 59813), EPAP. It is the goal of NMFS and the information indicates that catch-per- clarified that CREFMP management unit Council to incorporate ecosystem unit-effort (CPUE), as an index for species are those taxa listed in Table 1.2 approaches into the regulatory structure abundance, is found to be deficient in and 1.3 of the CREFMP that spend the of the current western Pacific reflecting true abundance. majority of their non-pelagic (post-

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settlement) life stages within waters less administered by the Department of the are already required to maintain than or equal to 50 fathoms in total Interior. Also, in this paragraph, accurate and complete records of catch, depth. NMFS believes this definition is immediately following the words including any incidental catch of coral consistent with the intent of the Council ‘‘National Wildlife Refuge’’, text is reef ecosystem MUS. However, in and provides adequate clarification for added to state ‘‘unless specifically determining whether a person is the purpose of permit and reporting authorized by the U.S. Fish and Wildlife primarily fishing for coral reef requirements under the CREFMP. Service,’’. This new language clarifies ecosystem MUS or bottomfish Therefore, pelagic species of that fishing authorized under subpart J management unit species, crustaceans cephalopods are not coral reef is not allowed within the boundaries of management unit species, Pacific ecosystem management unit species. a national wildlife refuge, unless pelagic management unit species, Similarly, species that inhabit deep specifically authorized by the U.S. Fish precious coral, or seamount groundfish, demersal marine ecosystems do not and Wildlife Service. the Council, as a general rule of thumb, meet the CREFMP management unit In § 660.602(a)(3)(i), Exemptions, the considers that such person is fishing for species definition, are not meant to be first sentence is deleted and replaced coral reef ecosystem MUS if the total managed under the CREFMP and should with the following: ‘‘Any person issued weight or number of pieces of landed also be excluded from the PHCRT. In a permit to fish under the Bottomfish coral reef ecosystem MUS comprise developing the coral reef ecosystem and Seamount Groundfish FMP, more than 20 percent of the total landed management unit species list, in Pelagics FMP, Crustaceans FMP or weight or number of pieces, particular the PHCRT list, the Council Precious Corals FMP who incidentally respectively, on any one trip. If, during recognized the challenge involved in catches coral reef ecosystem MUS while processing of fisheries information, it is listing literally thousands of coral reef fishing for bottomfish management unit determined that such threshold has ecosystem species, and thus, chose to species, crustaceans management unit been exceeded by a Bottomfish and rely on a more general taxonomic species, Pacific pelagic management Seamount Groundfish FMP, Pelagics classification scheme for certain groups unit species, precious coral, or FMP, Crustaceans FMP or Precious of organisms to ensure that all coral reef seamount groundfish.’’ Corals FMP permitted fisher, NMFS, the ecosystem species, including those not This change is being made for three Coral Reef Ecosystem Plan Team, the yet described by science, could be reasons. First, all persons issued a relevant FMP Plan Team, and the managed under the CREFMP. To aid permit under the Bottomfish and affected local jurisdiction will, through fishermen, NMFS will be issuing Seamount Groundfish FMP, Pelagics a multi-agency and plan team compliance guides on the CREFMP, FMP, Crustaceans FMP or Precious coordination process, discuss and including the Currently Harvested Coral Corals FMP are already required to identify appropriate action for the Reef Taxa (CHCRT) and PHCRT. maintain accurate and complete records Council to consider. Additionally, these guides will provide of catch, including any incidental catch In § 660.602 (a)(3)(d), the entire further clarification on permit of coral reef ecosystem MUS. Therefore, paragraph beginning with ‘‘Low use requirements and permit issuance these persons will be exempted from the MPAs special permits’’ until ‘‘specified among other regulatory and procedural special permit requirement. Second, the in this section.’’ is deleted and replaced requirements. Beyond this, NMFS, in word ‘‘targeting’’ is an ambiguous term with, ‘‘Special permit. The Regional consultation with the Council, will and may not clearly convey the activity Administrator shall issue a special address specific inquiries on permit of fishing. Replacing this term with permit in accordance with the criteria requirements on a case-by-case basis. ‘‘fishing for’’, which is defined in 50 and procedures specified in this CFR 600.10, clearly conveys the intent section.’’. The original language Changes From the Proposed Rule or act of fishing. Third, the words ‘‘MUS contained in the preamble was This final rule contains changes to the listed under a separate FMP’’ is also redundant with the language stated in regulatory text from the proposed rule. ambiguous because it does not define to § 660.602(a)(1), § 660.602(a)(2) and Throughout subpart J, the words ‘‘PIAO which MUS this exemption pertains. § 660.602(a)(3) which describes the Administrator’’ which means Pacific Replacing these words with four applicability of the special permit Islands Area Office Administrator, is specific fishery management units as requirement. deleted and replaced with the words defined in 50 CFR 660.12 provides this In 50 CFR § 660.608(c), following ‘‘Regional Administrator.’’ clarity. Additionally, in the next ‘‘and 142 °E.’’ the phrase ‘‘long., 16 °N. In § 660.12, Definitions, the words sentence of this paragraph, the word lat.’’ is added. The inclusion of this ‘‘Currently Harvested Coral Reef ‘‘targeting’’ is again replaced with the phrase makes accurate the location of Ecosystem MUS’’, and ‘‘Potentially words ‘‘fishing for’’ for the same reason the line intersecting the outer boundary Harvested Coral Reef Ecosystem MUS’’ previously explained above. of the U.S. EEZ between CNMI and are deleted and replaced by the words Replacement of the word ‘‘targeting’’ Guam regulatory area. ‘‘Currently Harvested Coral Reef Taxa’’ with ‘‘fishing for’’ is also made in and ‘‘Potentially Harvested Coral Reef § 660.602(a)(3)(ii). Also in Classification Taxa.’’ These terms, which describe the § 660.602(a)(3)(i) Exemptions, the The Administrator, Pacific Islands two categories of Coral Reef Ecosystem second sentence beginning with, ‘‘It will Region, NMFS, determined that the final management unit species, are identical be considered a rebuttable presumption rule is consistent with the CREFMP, as to the terms used in Table 1.2 and Table ***’’, is deleted in its entirety. The partially approved on June 14, 2002, the 1.3 of the CREFMP. This change is also intent of the special permit requirement national standards, other provisions of made in § 660.602(a)(1)(ii); is to ensure that fisheries data is the Magnuson-Stevens Act, and other § 660.602(a)(2) and; § 660.602(a)(3)(ii). collected while fishing in any applicable laws. In 50 CFR part 660, subpart J, designated low-use MPA and while The Council prepared a final § 660.601 (Relation to other laws), the fishing for and retaining PHCRT. As environmental impact statement for the word ‘‘Secretary of Commerce’’ is clarified above, persons issued a permit CREFMP; a notice of availability was deleted and replaced by the ‘‘Secretary under the Bottomfish and Seamount published on May 10, 2002 (67 FR of the Interior’’, as the subject pertains Groundfish FMP, Pacific Pelagic FMP, 31801). On June 14, 2002, in partially to national wildlife refuges Crustacean FMP or Precious Coral FMP approving the CREFMP, NMFS issued a

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Record of Decision identifying the between $50 and $100 per application. it would unnecessarily impede the selected alternative, a variation of the It is not anticipated that additional sustainable use of coral reef ecosystem preferred alternative in the EIS. The small entities (beyond those mentioned resources, while the preferred intent of the partially approved above) will be affected by the final rule, alternative would provide adequate CREFMP and its implementing as most MPAs are far from inhabited conservation and protection for these regulations (i.e., selected alternative) is areas and the majority of other fisheries resources. A copy of this analysis is to prevent adverse impacts to the operate outside of MPA waters utilizing available from the Council (see environment before they occur. This gears that would continue to be allowed ADDRESSES). final rule is intended to maintain the under this rule. However, small entities Section 212 of the Small Business sustainability of target and non-target using fish or crab traps to target coral Regulatory Enforcement and Fairness coral reef ecosystem species; safeguard reef ecosystem management unit species Act of 1996 states that, for each rule or against substantial damage to the ocean throughout the coral reef ecosystem group of related rules for which an and coastal habitats and/or essential fish regulatory area will be required to affix agency is required to prepare a FRFA, habitat; protect endangered or identification markers to each trap on the agency shall publish one or more threatened species, marine mammals, board a vessel or deployed in the water. guides to assist small entities in and critical habitat; help ensure public Based on similar requirements in other complying with the rule, and shall health and safety; prevent the fisheries, the cost of this requirement is designate such publications as ‘‘small occurrence of cumulative adverse effects anticipated to be minimal, as entity compliance guides.’’ The agency that could have a substantial impact on identification markings may be shall explain the actions a small entity target or non-target coral reef ecosystem inexpensively made using permanent is required to take to comply with the species; promote biodiversity and ink, paint, or dye. Other, non- rule or group of rules. Copies of this ecosystem stability; and minimize, if not quantifiable, potential costs include final rule and the guide may be obtained eliminate, negative social or economic revenue impacts resulting from the from the Pacific Islands Regional Office. impacts. implementation of no-take MPAs. These This rule contains collection-of- This final rule has been determined to no-take MPAs are anticipated to have information requirements subject to the be significant for the purposes of minimal impacts on small entities as Paperwork Reduction Act (PRA). These Executive Order 12866. sufficient fishing areas remain open to collections were approved by OMB with The Council prepared a FRFA accommodate their displaced effort. the following control numbers and describing the impact of the action on This action has information collection response times: Control Number 0648– small entities. It incorporates the Initial requirements that are addressed 0360 for marking fishing gear (2 Regulatory Flexibility Analysis (IRFA), elsewhere in this classification section. minutes); 0648–0462 for an at-sea the comments and responses to the notification (3 minutes), for a logbook proposed rule, and a summary of the Several alternatives to the measures in (30 minutes per day), and for analyses completed to support this the final rule are examined in the FRFA. transhipment reporting (15 minutes per action. The first alternative is the no action day); and 0648–0463 for a permit The following is a summary of the alternative which would not impose any application (2 hours) and a permit FRFA. The need for and objective of this economic costs on small entities. This appeal (3 hours). These response time final rule are stated in the summary and alternative was rejected on the basis that estimates include the time for reviewing supplementary information sections of it could lead to unsustainable levels of instructions, searching existing data this notice and are not repeated here. fishing effort and eventual degradation sources, gathering and maintaining the None of the comments received on the of coral reef ecosystems and their data needed, and completing and proposed rule addressed the economic component resources. The second reviewing the collection of information. impacts of the rule. alternative examined is similar to the Written comments regarding the Both large and small vessels affected preferred alternative with the following burden-hour estimates or other aspects by the final rule are considered to be exceptions: It would not designate any of the collection-of-information ‘‘small entities’’ under guidelines issued no-take MPAs (low-use MPAs would be requirements contained in this final rule by the Small Business Administration designated); it would not prohibit may be submitted to Alvin Katekaru, because they are independently owned spearfishing at night with SCUBA/ Pacific Islands Region, NMFS, 1601 and operated and have annual receipts hookah gear for coral reef ecosystem Kapiolani Blvd., Suite 1110, Honolulu, not in excess of $3.5 million. Based on management unit species; and it would HI 96814, and by e-mail to information provided in the FRFA, this not prohibit the harvesting of live rock [email protected], or faxed to rule would potentially affect 24 to 63 or coral throughout the coral reef (202) 395–7285. small entities, including commercial ecosystem regulatory area. This Notwithstanding any other provisions harvesters of food fish, ornamental fish alternative was also rejected because it of the law, no person is required to collectors, charter sportsfishing would not provide adequate protection respond to, and no person shall be operations, and research entities. It is to coral reef ecosystems or their subject to penalty to comply with, a difficult to predict how many entities component resources. Finally, the third collection of information subject to the would alter their planned operations by alternative examined would designate requirement of the PRA, unless that fishing in state waters or moving to no-take MPAs out to 100 fathoms collection of information displays a other target species to avoid applying around all western Pacific islands and currently valid OMB control number. for special permits and complying with atolls (no low-use MPAs would be An informal consultation under the increased reporting requirements under designated); require general permits for Endangered Species Act was concluded this final rule. However, as a rough harvesting CHCRT and special permits for the CREFMP on March 7, 2002. As estimate, NMFS expects that for harvesting PHCRT in waters of the a result of the informal consultation, the approximately five special permit U.S. EEZ of the western Pacific region; NMFS Regional Administrator applications may be received each year. prohibit spearfishing at night with determined that fishing activities It is estimated that the costs to these SCUBA or a hookah and prohibit the conducted under this rule are not likely small entities will primarily consist of a take of live rock or coral. This to affect adversely endangered or special permit application fee of alternative was rejected on the basis that threatened species or critical habitat

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under NMFS’s jurisdiction. On May 22, List of Subjects PART 600—MAGNUSON-STEVENS 2002, the USFWS concurred with the 50 CFR Part 600 ACT PROVISIONS determination of NMFS that the activities conducted under this rule are Fisheries, Fishing. ■ 1. The authority citation for part 600 is not likely to adversely affect listed 50 CFR Part 660 revised to read as follows: species under USFWS’s exclusive Administrative practice and Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 jurisdiction (i.e., seabirds and terrestrial procedure, American Samoa, Fisheries, et seq. plants) and listed species shared with Fishing, Guam, Hawaiian natives, ■ NMFS (i.e., sea turtles). 2. In § 600.502, a new address is added Indians, Northern Mariana Islands, and at the end of Table 1 and the last row of Reporting and recordkeeping This final rule is consistent with Table 2 is revised to read as follows: Executive Order 13089, which is requirements. intended to preserve and protect the Dated: February 17, 2004. § 600.502 Vessel reports. biodiversity, health, and social and Rebecca Lent, * * * * * economic value of the U.S. coral reef Deputy Assistant Administrator for ecosystems and the marine Regulatory Programs, National Marine environment. Fisheries Service. ■ For the reasons set out in the preamble, 50 CFR parts 600 and 660 are amended as follows:

TABLE 1 TO § 600.502.—ADDRESSES

NMFS regional administrators NMFS science and research directors U.S. Coast Guard commanders

*******

Administrator, Pacific Islands Region, National Director, Pacific Islands Fisheries Science Commander, Fourteenth Coast Guard District, Marine Fisheries Service, NOAA, 1601 Center, National Marine Fisheries Service, 300 Ala Moana Blvd., Honolulu, HI 96850. Kapiolani Blvd., Suite 1110, Honolulu, HI NOAA, 2570 Dole Street, Honolulu, HI 96814. 96822.

TABLE 2 TO § 600.502.—AREAS OF RESPONSIBILITY OF NMFS AND U.S. COAST GUARD OFFICES

Area of responsibility/fishery National Marine Fisheries Service U.S. Coast Guard

*******

Pacific Ocean off Hawaii, American Samoa, Administrator, Pacific Islands Region ...... Commander, Fourteenth Coast Guard District. Guam, Commonwealth of the Northern Mar- iana Islands, and U.S. Insular Possessions in the Central and Western Pacific.

* * * * * definitions for ‘‘Pacific pelagic CNMI offshore area means the portion management unit species’’ and of the U.S. EEZ around the CNMI PART 660—FISHERIES OFF WEST ‘‘Regional Administrator’; and adding extending seaward from a line drawn 3 COAST STATES AND IN THE definitions for the ‘‘Commonwealth of nautical miles from the baseline around WESTERN PACIFIC the Northern Mariana Islands (CNMI)’’, the CNMI from which the territorial sea ‘‘CNMI offshore area’’, ‘‘Coral reef is measured, to the outer boundary of ■ 3. The authority citation for part 660 ecosystem management unit species’’, the U.S. EEZ, which to the south means continues to read as follows: ‘‘Coral reef ecosystem regulatory area’’, those points which are equidistant Authority: 16 U.S.C. 1801 et seq. ‘‘Currently harvested coral reef taxa’’, between Guam and the island of Rota in ■ 4. In § 660.11, paragraph (b) is revised, ‘‘Hookah breather’’, ‘‘Live rock’’, ‘‘Low the CNMI. and a new paragraph (c) is added to read use marine protected area’’, ‘‘No-take * * * * * as follows: MPA’’, ‘‘Potentially harvested coral reef Coral reef ecosystem management taxa(PHCRT)’’, and ‘‘Special permit’’, unit species (Coral reef ecosystem MUS) § 660.11 Purpose and scope. alphabetically to read as follows: means all of the Currently Harvested * * * * * § 660.12 Definitions. Coral Reef Taxa listed in Table 3 and (b) Regulations specific to individual Potentially Harvested Coral Reef Taxa fisheries are included in subparts C, D, In addition to the definitions in the listed Table 4 of this part and which E, F, and J of this part. Magnuson-Stevens Act, and in § 600.10, spend the majority of their non-pelagic (c) Nothing in subparts C, D, E, F, and the terms used in subparts B through F (post-settlement) life stages within J of this part is intended to supercede and subpart J of this part have the waters less than or equal to 50 fathoms any valid state or Federal regulations following meanings: in total depth. that are more restrictive than those * * * * * Coral reef ecosystem regulatory area published here. Commonwealth of the Northern means the U.S. EEZ waters around ■ 5. Section 660.12 is amended by Mariana Islands (CNMI) means American Samoa, Guam, Hawaii, CNMI revising the introductory text and the Northern Mariana Islands. and the PRIA except for the portion of

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EEZ waters 0–3 miles around the CNMI, analyzed by regional management Low use marine protected area (MPA) and EEZ waters around the NWHI west agencies. means an area of the U.S. EEZ where of 160°50′ W. long. * * * * * fishing operations have specific * * * * * restrictions in order to protect the coral Hookah breather means a tethered reef ecosystem, as specified under area Currently harvested coral reef taxa underwater breathing device that pumps restrictions. (CHCRT) means coral reef associated air from the surface through one or more hoses to divers at depth. * * * * * species, families, or subfamilies, as No-take MPA means an area of the described in Table 3 of this part, that * * * * * U.S. EEZ that is closed to fishing for or have annual landings greater than Live rock means any natural, hard harvesting of management unit species, 454.54 kg (1,000 lb) as reported on substrate, including dead coral or rock, precious corals and seamount individual state, commonwealth, or to which is attached, or which supports, groundfish, as defined in this section. territory catch reports or through creel any living marine life-form associated * * * * * surveys. Fisheries and research data with coral reefs. Pacific Pelagic Management Unit from many of these species have been * * * * * Species means the following fish:

Common name Scientific name

Mahimahi (dolphinfish) ...... Coryphaena spp. Indo-Pacific blue marlin ...... Makaira mazara Black marlin ...... M. indica Striped marlin ...... Tetrapturus audax Shortbill spearfish ...... T. angustirostris Swordfish ...... Xiphias gladius Sailfish ...... Istiophorus platypterus Pelagic thresher shark ...... Alapias pelagicus Bigeye thresher shark ...... Alopias Common thresher shark ...... Alopias vulpinus Silky shark ...... Carcharhinus falciformis Oceanic whitetip shark ...... Carcharhinus longimanus Blue shark ...... Prionace glauca Shortfin mako shark ...... Isurus oxyrinchus Longfin mako shark ...... Isurus paucus Salmon shark ...... Lamna ditropis Albacore ...... Thunnus alalunga Bigeye tuna ...... T. obesus Yellowfin tuna ...... T. albacore Northern bluefin tuna ...... T. thynnus Skipjack tuna ...... Katsuwonus pelamis Kawakawa ...... Euthynnus affinis Wahoo ...... Acanthocybium solandri Moonfish ...... Lampris spp. Oilfish family ...... Gempylidae Pomfret ...... family Bramidae Other tuna relatives ...... Auxis spp., Scomber spp.; Allothunus spp.

Potentially harvested coral reef taxa management unit species in low-use (2) A minimum of 15 days should be (PHCRT) means coral reef associated MPAs or to fish for any PHCRT. allowed for processing a permit species, families, or subfamilies, as * * * * * application for fisheries under subparts listed in Table 4 of this part, for which ■ 6. In § 660.13, paragraph (a), the first C, D, E, and F of this part. A minimum little or no information is available sentence of paragraph (c)(1), the first and of 60 days should be allowed for beyond general taxonomic and second sentences of paragraph (c)(2), and processing a permit application for distribution descriptions. These species paragraphs (e), (f)(2), and (g)(1) are fisheries under subpart J of this part. have either not been caught in the past revised to read as follows: *** or have been harvested annually in * * * * * amounts less than 454.54 kg (1,000 lb). § 660.13 Permits and fees. (e) Issuance. (1) After receiving a Coral reef ecosystem management unit (a) Applicability. The requirements for complete application, the Regional species that are not listed as permits for specific Western Pacific Administrator will issue a permit to an management unit species, precious fisheries are set forth in subparts C, D, applicant who is eligible under corals, seamount groundfish, as defined E, F and J of this part. §§ 660.21, 660.41, 660.61, and 660.81. in this section, or listed as CHCRT in * * * * * (2) After receiving a complete Table 3 of this part. (c) Application. (1) A Pacific Island application, the Regional Administrator * * * * * Region Federal fisheries permit may issue a special permit in Regional Administrator means application form may be obtained from accordance with § 660.601(d)(3). Director, Pacific Islands Region, NMFS the Pacific Island Region Office (PIRO) (f) * * * (see Table 1 of § 600.502 for address). to apply for a permit or permits to (2) PIRO will charge a fee for each * * * * * operate in any of the fisheries regulated application for a Hawaii longline Special permit means a permit issued under subparts C, D, E, F, and J of this limited access permit, a Mau zone to allow fishing for coral reef ecosystem part. * * * limited access permit, and a coral reef

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ecosystem special permit (including submitted to the Regional Administrator (ii) Landward of the 50-fm (91.5-m) permit transfers and permit renewals). within 7 days of each landing of coral curve around Rose Atoll, as depicted on The amount of the fee is calculated in reef ecosystem MUS. National Ocean Survey Chart Number accordance with the procedures of the * * * * * 83484. NOAA Finance Handbook, for (f) * * * (2) Low-use MPAs. The following U.S. determining the administrative costs of (4) Coral reef ecosystem MUS. Any EEZ waters in the Western Pacific each special product or service. The fee person who has a special permit and Region are low-use MPAs: may not exceed such costs and is who is required by state laws and (i) All waters between the shoreline specified with each application form. regulations to maintain and submit and the 50-fm (91.5-m) curve around The appropriate fee must accompany records of catch and effort, landings and Johnston Atoll, Palmyra Atoll, and each application. Failure to pay the fee sales for coral reef ecosystem MUS by Wake Island as depicted on National will preclude issuance of any of the this subpart and subpart J of this part Ocean Survey Chart Numbers 83637, permits listed in this section. must make those records immediately 83157 and 81664. (g) Expiration. (1) Permits issued available for Federal inspection and (ii) [Reserved] under subparts C, D, E, F, and J of this copying upon request by an authorized ■ 9. A new subpart J is added to read as part are valid for the period specified on officer as defined in § 600.10 of this follows: the permit unless transferred, revoked, chapter of this chapter Subpart J—Western Pacific Coral Reef suspended, or modified under 15 CFR (g) State reporting. Any person who Ecosystem Fisheries part 904. has a permit under § 660.21, 660.61, or Sec. * * * * * 660.601 and who is regulated by state 660.601 Relation to other laws 660.602 ■ 7. In § 660.14, paragraphs (a), (b), and laws and regulations to maintain and Permits and fees. (g) are revised and paragraph (f)(4) is submit records of catch and effort, 660.603 Prohibitions. added to read as follows: landings and sales for vessels regulated 660.604 Notifications. by subparts C, E and J of this part must 660.605 Allowable gear and gear § 660.14 Reporting and recordkeeping. maintain and submit those records in restrictions. the exact manner required by state laws 660.606 Gear identification. (a) Fishing record forms. The operator 660.607 Framework for regulatory of any fishing vessel subject to the and regulations. adjustments. requirements of §§ 660.21, 660.41, ■ 8. In § 660.15, paragraphs (f) and (k) are 660.608 Regulatory area. 660.81, or 660.602 must maintain on revised and a new paragraph (l) is added 660.609 Annual reports. board the vessel an accurate and to read as follows: complete record of catch, effort and Subpart J—Western Pacific Coral Reef other data on report forms provided by § 660.15 Prohibitions. Ecosystem Fisheries the Regional Administrator. All * * * * * § 660.601 Relation to other laws. information specified on the forms must (f) Fail to affix or maintain vessel or be recorded on the forms within 24 gear markings, as required by §§ 660.16, To ensure consistency between the hours after completion of each fishing 660.24, 660.47, and 660.605. management regimes of different Federal agencies with shared day. Each form must be signed and * * * * * management responsibilities of fishery dated by the fishing vessel operator. For (k) Fail to notify officials as required resources within the Coral reef the fisheries managed under §§ 660.21, in §§ 660.23, 660.28, 660.43, 660.63, and ecosystem regulatory area, fishing 660.41, and 660.81, the original logbook 660.603. form for each day of the fishing trip (l) Fish for, take or retain within a no- authorized under this subpart is not must be submitted to the Regional take MPA, defined in § 660.18, any allowed within the boundary of a Administrator within 72 hours of each bottomfish management unit species, National Wildlife Refuge unless landing of MUS. For the fisheries crustacean management unit species, specifically authorized by the USFWS, managed under § 660.601, the original Pacific pelagic management unit regardless of whether that refuge was logbook form for each day of the fishing species, precious coral, seamount established by action of the President or trip must be submitted to the Regional groundfish or coral reef ecosystem MUS. the Secretary of the Interior. Administrator within 30 days of each ■ 8a. In subpart B, § 660.18 is added to § 660.602 Permits and fees. landing of MUS. read as follows: (a) Applicability. Unless otherwise (b) Transshipment logbooks. Any specified in this subpart, § 660.13 § 660.18 Area restrictions. person subject to the requirements of applies to coral reef ecosystem permits. § 660.21(c) or § 660.602(a)(2) must (a) Fishing is prohibited in all no-take (1) Special permit. Any person of the maintain on board the vessel an MPAs designated in this section. United States fishing for, taking or accurate and complete NMFS (b) Anchoring by all fishing vessels retaining coral reef ecosystem MUS transshipment logbook containing over 50 ft (15.25 m) LOA is prohibited must have a special permit if they, or a report forms provided by the Regional in the U.S. EEZ seaward of the Territory vessel which they operate, is used to ° ′ Administrator. All information specified of Guam west of 144 30 E. long. except fish for any: on the forms must be recorded on the in the event of an emergency caused by (i) Coral reef ecosystem MUS in low- forms within 24 hours after the day of ocean conditions or by a vessel use MPAs as defined in § 660.18; transshipment. Each form must be malfunction that can be documented. (ii) Potentially Harvested Coral Reef signed and dated by the receiving vessel (c) MPAs—(1) No-take MPAs. The Taxa in the coral reef ecosystem operator. The original logbook for each following U.S. EEZ waters are no-take regulatory area; or day of transshipment activity must be MPAs: (iii) Coral reef ecosystem MUS in the submitted to the Regional Administrator (i) Landward of the 50-fathom (fm) coral reef ecosystem regulatory area within 72 hours of each landing of (91.5-m) curve at Jarvis, Howland, and with any gear not specifically allowed Pacific pelagic management unit Baker Islands, and Kingman Reef; as in this subpart. species. The original logbook for each depicted on National Ocean Survey (2) Transshipment permit. A receiving day of transshipment activity must be Chart Numbers 83116 and 83153; vessel must be registered for use with a

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transshipment permit if that vessel is application. An incomplete application denied, the reasons for the denial. used in the coral reef ecosystem will not be considered until corrected in Grounds for denial of a special permit regulatory area to land or tranship writing. include the following: PHCRT, or any coral reef ecosystem (3) Issuance. (i) If an application (A) The applicant has failed to MUS harvested within low-use MPAs. contains all of the required information, disclose material information required, (3) Exceptions. The following persons the Regional Administrator will forward or has made false statements as to any are not required to have a permit under copies of the application within 30 days material fact, in connection with his or this section: to the Council, the U.S. Coast Guard, the her application. (i) Any person issued a permit to fish fishery management agency of the (B) According to the best scientific under the Bottomfish and Seamount affected state, and other interested information available, the directed or Groundfish FMP, Pelagics FMP, parties who have identified themselves incidental catch in the season or Crustaceans FMP or Precious Corals to the Council, and the USFWS. location specified under the permit FMP who incidentally catches coral reef (ii) Within 60 days following receipt would detrimentally affect any coral ecosystem MUS while fishing for of a complete application, the Regional reef resource or coral reef ecosystem in bottomfish management unit species, Administrator will consult with the a significant way, including, but not crustaceans management unit species, Council through its Executive Director, limited to issues related to, spawning Pacific pelagic management unit USFWS, and the Director of the affected grounds or seasons, protected species species, precious coral, or seamount state fishery management agency interactions, EFH, and habitat areas of groundfish. concerning the permit application and particular concern (HAPC). (ii) Any person fishing for CHCRT will receive their recommendations for (C) Issuance of the special permit outside of an MPA, who does not retain approval or disapproval of the would inequitably allocate fishing any incidentally caught PHCRT; and application based on: privileges among domestic fishermen or (iii) Any person collecting marine (A) Information provided by the would have economic allocation as its organisms for scientific research as applicant, sole purpose. described in § 600.745 of this chapter. (B) The current domestic annual (D) The method or amount of harvest (b) Validity. Each permit will be valid harvesting and processing capacity of in the season and/or location stated on for fishing only in the fishery the directed and incidental species for the permit is considered inappropriate management subarea specified on the which a special permit is being based on previous human or natural permit. requested, impacts in the given area. (c) General requirements. General (C) The current status of resources to (E) NMFS has determined that the requirements governing application be harvested in relation to the maximum number of permits for a given information, issuance, fees, expiration, overfishing definition in the FMP, area in a given season has been reached replacement, transfer, alteration, (D) Estimated ecosystem, habitat, and and allocating additional permits in the display, sanctions, and appeals for protected species impacts of the same area would be detrimental to the permits are contained in § 660.13. proposed activity, and resource. (d) Special permit. The Regional (E) Other biological and ecological (F) The activity proposed under the Administrator shall issue a special information relevant to the proposal. special permit would create a significant permit in accordance with the criteria The applicant will be provided with an enforcement problem. and procedures specified in this section. opportunity to appear in support of the (vi) The Regional Administrator may (1) Application. An applicant for a application. attach conditions to the special permit, special or transshipment permit issued (iii) Following a review of the if it is granted, consistent with the under this section must complete and Council’s recommendation and management objectives of the FMP, submit to the Regional Administrator, a supporting rationale, the Regional including but not limited to: Special Coral Reef Ecosystem Fishing Administrator may: (A) The maximum amount of each Permit Application Form issued by (A) Concur with the Council’s resource that can be harvested and NMFS. Information in the application recommendation and, after finding that landed during the term of the special form must include, but is not limited to it is consistent with the goals and permit, including trip limits, where a statement describing the objectives of objectives of the FMP, the national appropriate. the fishing activity for which a special standards, the Endangered Species Act, (B) The times and places where permit is needed, including a general and other applicable laws, approve or fishing may be conducted. description of the expected disposition deny a special permit; or (C) The type, size, and amount of gear of the resources harvested under the (B) Reject the Council’s which may be used by each vessel permit (i.e., stored live, fresh, frozen, recommendation, in which case, written operated under the special permit. preserved; sold for food, ornamental, reasons will be provided by the (D) Data reporting requirements. research, or other use, and a description Regional Administrator to the Council (E) Such other conditions as may be of the planned fishing operation, for the rejection. necessary to ensure compliance with the including location of fishing and gear (iv) If the Regional Administrator does purposes of the special permit operation, amount and species (directed not receive a recommendation from the consistent with the objectives of the and incidental) expected to be harvested Council within 60 days of Council FMP. and estimated habitat and protected receipt of the permit application, the (4) Appeals of permit actions. (i) species impacts). Regional Administrator can make a Except as provided in subpart D of 15 (2) Incomplete applications. The determination of approval or denial CFR part 904, any applicant for a permit Regional Administrator may request independently. or a permit holder may appeal the from an applicant additional (v) Within 30 working days after the granting, denial, conditioning, or information necessary to make the consultation in paragraph (d)(3)(ii) of suspension of their permit or a permit determinations required under this this section, or as soon as practicable affecting their interests to the Regional section. An applicant will be notified of thereafter, NMFS will notify the Administrator. In order to be considered an incomplete application within 10 applicant in writing of the decision to by the Regional Administrator, such working days of receipt of the grant or deny the special permit and, if appeal must be in writing, must state

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the action(s) appealed, and the reasons (5) Any time limit prescribed in this (5) Hoop net for Kona crab; therefore, and must be submitted within section may be extended for good cause, (6) Throw net; 30 days of the original action(s) by the for a period not to exceed 30 days by the (7) Barrier net; Regional Administrator. The appellant Regional Administrator, either upon his may request an informal hearing on the or her own motion or upon written (8) Surround/purse net that is appeal. request from the Council, appellant or attended at all times; (ii) Upon receipt of an appeal applicant stating the reason(s) therefore. (9) Hook-and-line (includes handline authorized by this section, the Regional (powered or not)), rod-and-reel, and Administrator will notify the permit § 660.603 Prohibitions. trolling); applicant, or permit holder as In addition to the general prohibitions (10) Crab and fish traps with vessel ID appropriate, and will request such specified in § 600.725 of this chapter number affixed; and additional information and in such form and § 660.15 of this part, it is unlawful (11) Remote-operating vehicles/ as will allow action upon the appeal. for any person to do any of the submersibles. Upon receipt of sufficient information, following: (b) Coral reef ecosystem MUS may not the Regional Administrator will rule on (a) Fish for, take, retain, possess or be taken by means of poisons, the appeal in accordance with the land any coral reef ecosystem MUS in explosives, or intoxicating substances. permit eligibility criteria set forth in this any low-use MPA as defined in Possession or use of these materials by section and the FMP, as appropriate, § 660.18(c)(1) and (c)(2) unless: any permit holder under this subpart based upon information relative to the (1) A valid permit has been issued for who is established to be fishing for coral application on file at NMFS and the the hand harvester or the fishing vessel reef ecosystem MUS in the regulatory Council and any additional information, operator that specifies the applicable area is prohibited. the summary record kept of any hearing area of harvest; and the hearing officer’s recommended (2) A permit is not required, as (c) Coral reef ecosystem MUS may not decision, if any, and such other outlined in § 600.602 of this chapter; be taken by means of spearfishing with considerations as deemed appropriate. (3) The coral reef ecosystem MUS SCUBA at night (from 6 p.m. to 6 a.m.) The Regional Administrator will notify possessed on board the vessel originated in the U.S. EEZ waters around Howland all interested persons of the decision, outside the regulatory area and this can Island, Baker Island, Jarvis Island, Wake and the reasons therefor, in writing, be demonstrated through receipts of Island, Kingman Reef, Johnston Atoll normally within 30 days of the receipt purchase, invoices, fishing logbooks or and Palmyra Atoll. of sufficient information, unless other documentation. (d) Existing FMP fisheries shall follow additional time is needed for a hearing. (b) Fish for, take, or retain any coral the allowable gear and methods (iii) If a hearing is requested, or if the reef ecosystem MUS species: outlined in their respective plans. Regional Administrator determines that (1) That is determined overfished (e) Any person who intends to fish one is appropriate, the Regional with subsequent rulemaking by the with new gear not included in § 660.604 Administrator may grant an informal Regional Administrator. must describe the new gear and its hearing before a hearing officer (2) By means of gear or methods method of deployment in the special designated for that purpose after first prohibited under § 660.604. permit application. A decision on the giving notice of the time, place, and (3) In a low-use MPA without a valid permissibility of this gear type will be subject matter of the hearing in the special permit. made by the Regional Administrator Federal Register. Such a hearing shall (4) In violation of any permit issued after consultation with the Council and normally be held no later than 30 days under § 660.13 or § 660.601. the director of the affected state fishery following publication of the notice in (c) Fish for, take, or retain any wild management agency. the Federal Register, unless the hearing live rock or live hard coral except under officer extends the time for reasons a valid special permit for scientific § 660.606 Gear identification. deemed equitable. The appellant, the research, aquaculture seed stock (a) The vessel number must be affixed applicant (if different), and, at the collection or traditional and ceremonial to all fish and crab traps on board the discretion of the hearing officer, other purposes by indigenous people. vessel or deployed in the water by any interested parties, may appear vessel or person holding a permit under personally or be represented by counsel § 660.604 Notifications. § 660.13 or § 660.601 or that is at the hearing and submit information Any special permit holder subject to otherwise established to be fishing for and present arguments as determined the requirements of this subpart must coral reef ecosystem MUS in the appropriate by the hearing officer. contact the appropriate NMFS regulatory area. Within 30 days of the last day of the enforcement agent in American Samoa, (b) Enforcement action. (1) Traps not hearing, the hearing officer shall Guam, or Hawaii at least 24 hours before marked in compliance with paragraph recommend in writing a decision to the landing any coral reef ecosystem MUS (a) of this section and found deployed Regional Administrator. unit species harvested under a special in the coral reef ecosystem regulatory (iv) The Regional Administrator may permit, and report the port and the area will be considered unclaimed or adopt the hearing officer’s approximate date and time at which the abandoned property, and may be recommended decision, in whole or in catch will be landed. part, or may reject or modify it. In any disposed of in any manner considered event, the Regional Administrator will § 660.605 Allowable gear and gear appropriate by NMFS or an authorized notify interested persons of the restrictions. officer; decision, and the reason(s) therefore, in (a) Coral reef ecosystem MUS may be (2) Unattended surround nets or bait writing, within 30 days of receipt of the taken only with the following allowable seine nets found deployed in the coral hearing officer’s recommended decision. gear and methods: reef ecosystem regulatory area will be The Regional Administrator’s action (1) Hand harvest; considered unclaimed or abandoned constitutes final action for the agency (2) Spear; property, and may be disposed of in any for the purposes of the Administrative (3) Slurp gun; manner considered appropriate by Procedure Act. (4) Hand net/dip net; NMFS or an authorized officer.

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§ 660.607 Framework for regulatory a recommendation to the Regional CNMI between three nautical miles adjustments. Administrator about any new measure. offshore and the outer boundary of the (a) Procedure for established NMFS may implement the Council’s U.S. EEZ. measures. (1) Established measures are recommendation by rule making if (5) Baker Island, Howland Island, management measures that, at some approved by the Regional Jarvis Island, Wake Island, Johnston time, have been included in regulations Administrator. Atoll, Palmyra Atoll and Kingman Reef. (i) The Regional Administrator will implementing the FMP, or for which the (b) The inner boundary of the consider the Council’s recommendation impacts have been evaluated in regulatory area is as follows: Council/NMFS documents in the and supporting rationale and analysis, context of current conditions; and, if the Regional Administrator (1) The shoreline of Baker Island, (2) Following framework procedures concurs with the Council’s Howland Island, Jarvis Island, Wake of the CREFMP, the Council may recommendation, will propose Island, Johnston Atoll, Palmyra Atoll recommend to the Regional regulations to carry out the action. If the and Kingman Reef. Administrator that established measures Regional Administrator rejects the (2) The seaward boundaries of the be modified, removed, or re-instituted. Council’s proposed action, the Regional State of Hawaii, the Territory of Guam, Such recommendation shall include Administrator will provide a written the Territory of American Samoa; and supporting rationale and analysis, and explanation for the denial within 2 (3) A line three nautical miles shall be made after advance public weeks of the decision. seaward from the shoreline of the CNMI. notice, public discussion and (ii) The Council may appeal denial by (c) The outer boundary of the consideration of public comment. writing to the Assistant Administrator, regulatory area is the outer boundary of NMFS may implement the Council’s who must respond in writing within 30 the U.S. EEZ or adjacent international recommendation by rulemaking if days. maritime boundaries. The CNMI and (iii) The Regional Administrator and approved by the Regional Guam regulatory area is divided by a the Assistant Administrator will make Administrator. line intersecting these two points: 148° their decisions in accordance with the (b) Procedure for new measures. (1) E. long., 12° N. lat., and 142° E. long., Magnuson-Stevens Act, other applicable New measures are management 16° N. lat. measures that have not been included in laws, and the CREFMP. regulations implementing the FMP, or (iv) To minimize conflicts between § 660.609 Annual reports the Federal and state/territorial/ for which the impacts have not been (a) Annual reports. By July 31 of each evaluated in Council/NMFS documents commonwealth management systems, the Council will use the procedures in year, a Council-appointed coral reef in the context of current conditions. ecosystem plan team will prepare an New measures include but are not paragraph (a)(2) in this section to respond to state/territorial/ annual report on coral reef fisheries of limited to catch limits, resource size the western Pacific region. The report limits, closures, effort limitations, commonwealth management actions. The Council’s consideration of action will contain, among other things, fishery reporting and recordkeeping performance data, summaries of new requirements; would normally begin with a representative of the state, territorial or information and assessments of need for (2) Following the framework Council action. procedures of the FMP, the Regional commonwealth government bringing a (b) Recommendation for Council Administrator will publicize, including potential or actual management conflict action. (1) The Council will evaluate the by Federal Register notice, and solicit or need to the Council’s attention. annual report and advisory body public comment on, any proposed new § 660.608 Regulatory area. recommendations and may recommend management measure. After a Council (a) The regulations in this subpart management action by either the state/ meeting at which the measure is govern fishing for coral reef ecosystem territorial/commonwealth governments discussed, the Council will consider management unit species by vessels of or by Federal regulation; recommendations and prepare a the United States or persons who (2) If the Council believes that document summarizing the Council’s operate or are based inside the outer deliberations, rationale, and analysis for management action should be boundary of the U.S. EEZ off: considered, it will make specific the preferred action, and the time and (1) The Hawaiian Islands Archipelago place for any subsequent Council ° ′ recommendations to the Regional lying to the east of 160 50 W. long. Administrator after considering the meeting(s) to consider the new measure. (2) Guam. views of its advisory bodies. At subsequent public meeting(s), the (3) American Samoa. Council will consider public comments (4) Offshore area of the CNMI or that ■ 10. In part 660, Tables 3 and 4 are and other information received to make portion of the U.S. EEZ around the added to read as follows:

TABLE 3 TO PART 660.—CURRENTLY HARVESTED CORAL REEF TAXA

Family name Common name (scientific name)

Acanthuridae (Surgeonfishes) ...... Orange-spot surgeonfish (Acanthurus olivaceus) Yellowfin surgeonfish (Acanthurus xanthopterus) Convict tang (Acanthurus triostegus) Eye-striped surgeonfish (Acanthurus dussumieri) Blue-lined surgeon (Acanthurus nigroris) Whitebar surgeonfish (Acanthurus leucopareius) Blue-banded surgeonfish (Acanthurus lineatus) Blackstreak surgeonfish (Acanthurus nigricauda) Whitecheek surgeonfish (Acanthurus nigricans) White-spotted surgeonfish (Acanthurus guttatus) Ringtail surgeonfish (Acanthurus blochii) Brown surgeonfish (Acanthurus nigrofuscus)

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TABLE 3 TO PART 660.—CURRENTLY HARVESTED CORAL REEF TAXA—Continued

Family name Common name (scientific name)

Elongate surgeonfish (Acanthurus mata) Mimic surgeonfish (Acanthurus pyroferus) Yellow-eyed surgeonfish (Ctenochaetus strigousus) Striped bristletooth (Ctenochaetus striatus) Twospot bristletooth (Ctenochaetus binotatus Bluespine unicornfish (Naso unicornus) Orangespine unicornfish (Naso lituratus) Humpnose unicornfish (Naso tuberosus) Black tongue unicornfish (Naso hexacanthus) Bignose unicornfish (Naso vlamingii) Whitemargin unicornfish (Naso annulatus) Spotted unicornfish (Naso brevirostris) Humpback unicornfish (Naso brachycentron) Barred unicornfish (Naso thynnoides) Gray unicornfish (Naso caesius) Balistidae (Triggerfishes) ...... Titan triggerfish (Balistoides viridescens) Clown triggerfish (Balistoides conspicillum) Orangstriped triggerfish (Balistapus undulatus) Pinktail triggerfish (Melichthys vidua) Black triggerfish (Melichtys niger) Blue Triggerfish (Pseudobalistesfucus fucus) Picassofish (Rhinecanthus aculeatus) Wedged Picassofish (Balistoides rectangulus) Bridled triggerfish (Sufflamen fraenatus) Carangidae (Jacks) ...... Bigeye scad (Selar crumenophthalmus) Mackerel scad (Decapterus macarellus) Carcharhinidae (Sharks) ...... Grey reef shark (Carcharhinus amblyrhynchos) Silvertip shark (Carcharhinus albimarginatus) Galapagos shark (Carcharhinus galapagenis) Blacktip reef shark (Carcharhinus melanopterus) Whitetip reef shark (Triaenodon obesus) Holocentridae (Soldierfish/Squirrelfish) ...... Bigscale soldierfish (Myripristis berndti) Bronze soldierfish (Myripristis adusta) Blotcheye soldierfish (Myripristis murdjan) Brick soldierfish (Myripristis amaena) Scarlet soldierfish (Myripristis pralinia) Violet soldierfish (Myripristis violacea) Whitetip soldierfish (Myripristis vittata) Yellowfin soldierfish (Myripristis chryseres) Pearly soldierfish (Myripristis kuntee) Double tooth squirrel fish (Myripristis hexagona) Tailspot squirrelfish (Sargocentron caudimaculatum) Blackspot squirrelfish (Sargocentron melanospilos) File-lined squirrelfish (Sargocentron microstoma) Pink squirrelfish (Sargocentron tieroides) Crown squirrelfish (Sargocentron diadema) Peppered squirrelfish (Sargocentron punctatissimum) Blue-lined squirrelfish (Sargocentron tiere) Hawaiian squirrelfish (Sargocentron xantherythrum) Squirrelfish (Sargocentron furcatum) Saber or Long jaw squirrelfish (Sargocentron spiniferum) Spotfin squirrelfish (Neoniphon spp.) Kuhliidae (Flag-tails) ...... Hawaiian flag-tail (Kuhlia sandvicensis) Barred flag-tail (Kuhlia mugil) Kyphosidae Rudderfish ...... Rudderfish (Kyphosus biggibus) Rudderfish (Kyphosus cinerascens) Rudderfish (Kyphosus vaigienses) Labridae (Wrasses) ...... Saddleback hogfish (Bodianus bilunulatus) Napoleon wrasse (Cheilinus undulatus) Triple-tail wrasse (Cheilinus trilobatus) Floral wrasse (Cheilinus chlorourus) Harlequin tuskfish (Cheilinus fasciatus) Ring-tailed wrasse (Oxycheilinus unifasciatus) Bandcheek wrasse (Oxycheilinus diagrammus) Arenatus wrasse (Oxycheilinus arenatus) Razor wrasse (Xyricthys pavo) Whitepatch wrasse (Xyrichtes aneitensis) Cigar wrasse (Cheilio inermis) Blackeye thicklip (Hemigymnus melapterus) Barred thicklip (Hemigymnus fasciatus) Three-spot wrasse (Halichoeres trimaculatus) Checkerboard wrasse (Halichoeres hortulanus)

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TABLE 3 TO PART 660.—CURRENTLY HARVESTED CORAL REEF TAXA—Continued

Family name Common name (scientific name)

Weedy surge wrasse (Halichoeres margaritacous) Goldstripe wrasse(Halichoeres zeylonicus) Surge wrasse (Thalassoma purpureum) Red ribbon wrasse (Thalassoma quinquevittatum) Sunset wrasse (Thalassoma lutescens) Longface wrasse (Hologynmosus doliatus) Rockmover wrasse (Novaculichthys taeniourus) Mullidae (Goatfishes) ...... Yellow goatfish (Mulloidichthys spp.) Orange goatfish (Mulloidichthys pfleugeri) Yellowfin goatfish (Mulloidichthys vanicolensis) Yellowstripe goatfish (Mulloidichthys flaviolineatus) Banded goatfish (Parupeneus spp.) Dash-dot goatfish (Parupeneus barberinus) Doublebar goatfish (Parupeneus bifasciatus) Redspot goatfish (Parupeneus heptacanthus) White-lined goatfish (Parupeneus ciliatus) Yellowsaddle goatfish (Parupeneus cyclostomas) Side-spot goatfish (Parupeneus pleurostigma) Indian goatfish (Parupeneus indicus) Multi-barred goatfish (Parupeneus multifaciatus) Bantail goatfish (Upeneus arge) Mugilidae (Mullets) ...... Stripped mullet (Mugil cephalus) Engel’s mullet (Moolgarda engeli) False mullet (Neomyxus leuciscus) Fringelip mullet (Crenimugil crenilabis) Muraenidae (Moray ells) ...... Yellowmargin moray eel (Gymnothorax flavimarginatus) Giant moray eel (Gymnothorax javanicus) Undulated moray eel (Gymnothorax undulatus) Octopodidae ...... Octopus (Octopus cyanea; Octopus ornatus) Polynemidae ...... Threadfin (Polydactylus sexfilis) Pricanthidae (Bigeye) ...... Glasseye (Heteropriacanthus cruentatus) Bigeye (Priacanthus hamrur) Scaridae (Parrotfishes) ...... Humphead parrotfish (Bulbometapon muracatum) Parrotfish (Scarus spp.) Pacific longnose parrotfish (Hipposcarus longiceps) Stareye parrotfish (Catolomus carolinus) Scombridae ...... Dogtooth tuna (Gymnosarda unicolor) Siganidae (Rabbitfish) ...... Forktail rabbitfish (Siganus aregentus) Golden rabbitfish (Siganus guttatus) Gold-spot rabbitfish (Siganus punctatissimus) Randall’s rabbitfish (Siganus randalli) Scribbled rabbitfish (Siganus spinus) Vermiculate rabbitfish (Siganus vermiculatus) Sphyraenidae (Barracuda) ...... Heller’s barracuda (Sphyraena helleri) Great Barracuda (Sphyraena barracuda) Turbinidae (turban shells/green snails) ...... Green snails (Turbo spp.) Aquarium Taxa/Species ...... Acanthuridae Yellow tang (Zebrasoma flavescens) Yellow-eyed surgeon fish (Ctenochaetus strigosus) Achilles tang (Acanthurus achilles) Muraenidae Dragon eel (Enchelycore pardalis) Zanclidae Morrish idol (Zanclus cornutus) Pomacanthidae Angelfish (Centropyge shepardi, Centropyge flavissimus) Cirrhitidae Flame hawkfish (Neocirrhitus armatus) Chaetodontidae Butterflyfish (Chaetodon auriga, Chaetodon lunula, Chaetodon melannotus, Chaetodon ephippium) Pomacentridae Damselfish (Chromis viridis, Dascyllus aruanus, Dascyllus trimaculatus) Sabellidae Featherduster worm

TABLE 4 TO PART 660.—POTENTIALLY HARVESTED CORAL REEF TAXA

Labridae spp. (wrasses) (Those species not listed in Table 3) ...... Ephippidae (batfish)

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TABLE 4 TO PART 660.—POTENTIALLY HARVESTED CORAL REEF TAXA—Continued Carcharhinidae spp. Sphyrnidae spp. (Those species not listed in Table Monodactylidae (monos) 3). Dasyatididae, Myliobatidae, Mobulidae (rays) ...... Haemulidae (sweetlips) Serranidae spp. (groupers) (Those species not listed in Table 3 or are Echineididae (remoras) not bottomfish management unit species). Carangidae (jacks/trevallies) (Those species not listed in Table 3 or are Malacanthidae (tilefish) not bottomfish management unit species). Acanthoclinidae (spiny basslets) Holocentridae spp. (soldierfish/squirrelfish) (Those species not listed in Pseudochromidae (dottybacks) Table 3). Mullidae spp. (goatfish) (Those species not listed in Table 3) ...... Plesiopidae (prettyfins) Acanthuridae spp. (surgeonfish/unicornfish) (Those species not listed in Tetrarogidae (waspfish) Table 3). Lethrinidae spp. (emperor fish) (Those species not listed in Table 3 or Caracanthidae (coral crouchers) are not bottomfish management unit species). Chlopsidae, Congridae, Moringuidae, Ophichthidae (eels) Muraenidae Grammistidae (soapfish) (morays eels) (Those species not listed in Table 3). Apogonidae (cardinalfish) ...... Aulostomus chinensis (trumpetfish) Zanclidae spp. (moorish idols) (Those species not listed in Table 3) ..... Fistularia commersoni (coronetfish) Chaetodontidae spp. (butterflyfish) (Those species not listed in Table 3) Anomalopidae (flashlightfish) Pomacanthidae spp. (angelfish) (Those species not listed in Table 3) ... Clupeidae (herrings) Pomacentridae spp. (damselfish) (Those species not listed in Table 3) Engraulidae (anchovies) Scorpaenidae (scorpionfish) ...... Gobiidae (gobies) Blenniidae (blennies) ...... Lutjanidae (snappers) (Those species that are not listed in Table 3 or are not bottomfish management unit species) Sphyraenidae spp. (barracudas) (Those species not listed in Table 3) .. Ballistidae/Monocanthidae spp. (Those species not listed in Table 3) Pinguipedidae (sandperches) ...... Siganidae spp. (rabbit fish) (Those species not listed in Table 3) Gymnosarda unicolor ...... Kyphosidae spp. (rudderfish) (Those species not listed in Table 3) Bothidae/Soleidae/Pleurnectidae (flounder/sole) ...... Caesionidae (fusiliers) Ostraciidae (trunkfish) ...... Cirrhitidae (hawkfish) (Those species not listed in Table 3 Tetradontidae/Diodontidae (puffer/porcupinefish) ...... Antennariidae (frogfishes) Syngnathidae (pipefishes/seahorses) Stony corals ...... Echinoderms (e.g., sea cucumbers, sea urchins) Heliopora (blue corals) ...... Mollusca (Those species not listed in Table 3) Tubipora (organpipe corals) ...... Sea Snails (gastropods) (Those species not listed in Table 3) Azooxanthellates (ahermatypic corals) ...... Trochus spp. Fungiidae (mushroom corals) ...... Opistobranchs (sea slugs) Small and large polyp corals ...... Pinctada margaritifera (black lipped pearl oyster) Millepora (firecorals) ...... Tridacnidae (giant clams) Soft corals and Gorgonians ...... Other Bivalves (other clams) Actinaria (anemones) ...... Cephalopods Zoanthinaria (soft zoanthid corals) ...... Crustaceans (Lobsters, Shrimps/mantis shrimps, true crabs and hermit crabs (not listed as crustacean management unit species) Sponges (Porifera) ...... Stylasteridae (lace corals) Hydrozoans ...... Solanderidae (hydroid corals) Bryozoans ...... Annelids (segmented worms) (Those species not listed in Table 3) Algae (seaweeds) Tunicates (sea squirts) ...... Live rock

All other coral reef ecosystem management unit species that are marine plants, invertebrates, and fishes that are not listed in Table 3 or are not bottomfish management unit species, crustacean management unit species, Pacific pelagic management unit species, precious coral or sea- mount groundfish.

[FR Doc. 04–3851 Filed 2–23–04; 8:45 am] BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 69, No. 36

Tuesday, February 24, 2004

This section of the FEDERAL REGISTER 415–5905; e-mail: [email protected]. No. ML021760768), the Commission contains notices to the public of the proposed Comments can also be submitted via the directed the staff to proceed with its issuance of rules and regulations. The Federal eRulemaking Portal http:// evaluation of possible rule changes. In purpose of these notices is to give interested www.regulations.gov. developing the initiative described in persons an opportunity to participate in the Hand deliver comments to 11555 SECY–02–0081, the NRC staff solicited rule making prior to the adoption of the final rules. Rockville Pike, Rockville, Maryland observations and suggestions by placing 20852, between 7:30 am and 4:15 pm on a notice in the Federal Register (66 FR Federal workdays (Telephone: (301) 22134; May 3, 2001) and sponsoring a NUCLEAR REGULATORY 415–1966). workshop on May 31, 2001. In a letter COMMISSION Fax comments to: Secretary, U.S. dated July 2, 2001 (ADAMS Accession Nuclear Regulatory Commission (301) No. ML011870432), the Nuclear Energy 10 CFR Parts 19, 20, and 50 415–1101. Institute provided a list of suggestions Publicly available documents related from its members for possible changes Collection, Reporting, or Posting of to this rulemaking may be viewed to several regulations that could reduce Information; Availability of Draft Rule electronically on the public computers unnecessary regulatory burden, Language located at the NRC’s Public Document including certain reporting and labeling AGENCY: Nuclear Regulatory Room (PDR), O1 F21, One White Flint requirements in 10 CFR parts 19 and 20. Commission. North, 11555 Rockville Pike, Rockville, The NRC staff has evaluated the Maryland. The PDR reproduction ACTION: Availability of draft rule suggestions from industry and other contractor will copy documents for a language. stakeholders and selected 10 CFR 19.13, fee. Selected documents, including ‘‘Notifications and reports to SUMMARY: The Nuclear Regulatory comments, may be viewed and individuals,’’ 10 CFR 20.2104, Commission (NRC) is making available downloaded electronically via the NRC ‘‘Determination of prior occupational the draft wording of possible changes to rulemaking Web site at http:// dose,’’ and container labeling its regulations. The changes under ruleforum.llnl.gov. requirements as being candidates for consideration would clarify or revise the Publicly available documents created further consideration. The NRC staff is regulations to reduce unnecessary or received at the NRC after November also considering changes to 10 CFR regulatory burden associated with the 1, 1999, are available electronically at 20.1003 to clarify the use of the effective collecting, reporting, and posting of the NRC’s Electronic Reading Room at dose equivalent in place of the deep information. The NRC staff is making http://www.nrc.gov/reading-rm/ dose equivalent in dose assessments the draft rule language available to adams.html. From this site, the public (see Regulatory Issue Summary 2003– inform stakeholders of the NRC staff’s can gain entry into the NRC’s 04, ‘‘Use of the Effective Dose consideration of possible changes to its Agencywide Documents Access and Equivalent in Place of the Deep Dose regulations, and to solicit comments on Management System (ADAMS), which Equivalent in Dose Assessments,’’ dated the staff’s direction and draft language. provides text and image files of NRC’s February 13, 2003; ADAMS Accession The draft wording and several specific public documents. If you do not have No. ML030370122). The NRC staff’s requests for feedback are available on access to ADAMS or if there are preliminary assessment is that these the NRC’s public Web site at http:// problems in accessing the documents regulations result in regulatory burdens ruleforum.llnl.gov. located in ADAMS, contact the NRC on licensees beyond what is needed to DATES: Submit comments by April 9, Public Document Room (PDR) Reference protect workers and the public against 2004. Comments received after this date staff at (800) 397–4209, (301) 415–4737, radiation. or by e-mail to [email protected]. will be considered if it is practical to do Discussion so, but the Commission is able to ensure FOR FURTHER INFORMATION CONTACT: consideration only for comments William D. Reckley, Division of The rulemaking under consideration received on or before this date. Licensing Project Management, Office of would revise several administrative ADDRESSES: You may submit comments Nuclear Reactor Regulation, U.S. requirements associated with the by any of the following methods. Nuclear Regulatory Commission, collection, reporting, and posting of Personal information will not be Washington, DC 20555–0001; telephone: information. The draft wording for the removed from your comments: (301) 415–1323; e-mail: [email protected]. changes being considered by the NRC Mail comments to: Secretary, U.S. SUPPLEMENTARY INFORMATION: staff may be viewed on the NRC’s public Nuclear Regulatory Commission, Web site at http://ruleforum.llnl.gov. Washington, DC 20555–0001, Attention: Background The first change being considered Rulemakings and Adjudications Staff. In SECY–02–0081, ‘‘Staff Activities would affect 10 CFR 19.13 and related E-mail comments to: [email protected]. If Related to the NRC Goal of Reducing regulations in 10 CFR Part 20. Prior to you do not receive a reply e-mail Unnecessary Regulatory Burden on 1992, 10 CFR 19.13(b) required confirming that we have received your Power Reactor Licensees,’’ dated May licensees to provide each worker comments, contact us directly at (301) 13, 2002 (ADAMS Accession No. annually the worker’s occupational dose 415–1966. You may also submit ML020420137), the NRC staff described ‘‘[a]t the request of any worker.’’ comments via the NRC’s rulemaking various interactions with stakeholders Thereafter, the Commission amended its Web site at http://ruleforum.llnl.gov. regarding ways to reduce unnecessary regulations (58 FR 23360; May 21, 1991) Address questions about our rulemaking regulatory burden. By memorandum to conform to 1987 Presidential Web site to Carol Gallagher at (301) dated June 25, 2002 (ADAMS Accession guidance for Federal agencies on

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occupational radiation protection (52 FR doses that are insignificant while attempt to obtain the records of 2822; January 27, 1987). NRC licensees adequately providing individuals with cumulative occupational radiation dose are currently required to advise each information about their occupational for each worker requiring monitoring worker annually of the worker’s exposures? pursuant to 10 CFR 20.1502. The received dose as shown in records (2) Has the staff suggested appropriate information on occupational doses in maintained by the licensee pursuant to criteria for when licensees are required years other than the current year is not 10 CFR 20.2106, ‘‘Records of individual to provide a report to workers (i.e., is used except in performing evaluations monitoring results.’’ Licensees are ‘‘exceeds 2 percent of the dose limits in required by 10 CFR 20.1206, ‘‘Planned required by 10 CFR 20.2106 to maintain 10 CFR 20.1201(a) or the worker makes special exposures.’’ Requirements records of doses received by all a request for a report of their dose’’ a related to obtaining information, individuals for whom monitoring was reasonable threshold)? performing evaluations, maintaining required pursuant to 10 CFR 20.1502, (3) Would the change, if made based records, and making reports to ‘‘Conditions requiring individual on the language being considered, result individuals and the NRC about planned monitoring of external and internal in cost savings to licensees? If so, please special exposures are codified in 10 CFR occupational dose.’’ Under 10 CFR provide an estimate of the savings. 20.1206 and 20.2104(b). The NRC staff 20.1502, licensees are required to (4) Should licensees be required to is considering changing 10 CFR 20.2104 monitor occupational radiation notify workers periodically of their right to require that licensees obtain the exposure for workers likely to receive a to request their dose report (e.g., when records of cumulative occupational dose in excess of 10 percent of the limits the worker is issued a personal radiation dose only for those specified in 10 CFR 20.1201, dosimeter or annually)? individuals being authorized to receive ‘‘Occupational dose limits for adults,’’ (5) Does the possible consolidation of a planned special exposure. or for workers who enter a high or very required reports to individuals into 10 In addition to other comments or high radiation area. Licensees make this CFR 20.2205 and the deletion of 10 CFR suggestions regarding this possible determination prospectively with a 19.13(d) clarify the regulations and change to NRC regulations, the NRC measure of conservatism, so that many would there be a significant cost staff requests that stakeholders of the workers monitored by licensees associated with implementing this responding to this solicitation address actually receive no measurable exposure possible change? the following questions: or only a small fraction of the doses The second change under (1) Would the change, if made based specified in 10 CFR 20.1502. As a result, consideration would revise 10 CFR on the language being considered, the recordkeeping and reporting 20.1905, ‘‘Exemptions to labeling ensure adequate protection of radiation requirements have applied to a large requirements,’’ or alternatively add a workers? number of workers, thereby increasing new regulation to 10 CFR part 50 which (2) Would the change, if made based administrative costs to licensees. The would define an exemption from 10 on the language being considered, result NRC staff is considering a change to the CFR 20.1904 for certain containers in cost savings to licensees? If so, please reporting requirement so that licensees within facilities with licenses issued provide an estimate of the savings. would continue the current reporting for under parts 50 or 52. The exempted The fourth change under workers who receive more than 2 containers would need to satisfy consideration by the NRC staff is to percent of the limits specified in 10 CFR conditions such as being located within revise the definition of TEDE in 10 CFR 20.1201 (this would generally translate an area posted in accordance with 10 20.1003 to be more consistent with the to exceeding a total effective dose CFR 20.1902, being conspicuously technical basis for the requirements in equivalent (TEDE) of 100 millirem in marked, and being accessible only to Part 20 (e.g., the recommendations of one year), but would not be required to trained individuals. the International Commission on provide annual dose reports to workers In addition to other comments or Radiological Protection in its who receive less than 2 percent of those suggestions regarding this possible Publication 30, a copy of which may be limits. Licensees would continue to change to NRC regulations, the NRC purchased through Elsevier at http:// provide all workers access to staff requests that stakeholders www.elsevier.nl/locate/series/icrp). The information from their dose records and responding to this solicitation address change under consideration resolves a would provide any worker with a copy the following questions: source of possible confusion in the of their annual dose report upon (1) Does the language being current regulation by clarifying that the request. The staff’s initial criteria of 100 considered provide adequate controls TEDE is the sum of the effective dose millirem was selected because it for radioactive materials stored within equivalent (for external exposures) and corresponds to the annual dose limit in facilities licensed under 10 CFR part 50? the committed effective dose equivalent 10 CFR 20.1301, ‘‘Dose limits for (2) Would the change, if made based (for internal exposures). If a licensee is individual members of the public,’’ and on the language being considered, result not using a method approved by the is also the threshold for requiring in cost savings to part 50 licensees? If NRC for determining effective dose employee training pursuant to 10 CFR so, please provide an estimate of the equivalent with radiation measuring 19.12, ‘‘Instruction to workers.’’ savings. devices, the deep dose equivalent, In addition to other comments or (3) Are there categories of materials determined for the highest exposed part suggestions regarding this possible licensees to which this exemption might of the whole body, will be substituted change to NRC regulations, the NRC be applied, where adequate controls for for the effective dose equivalent (for staff requests that stakeholders radioactive materials stored within external exposures). Regulatory Issue responding to this solicitation address these facilities could be provided by the Summary 2003–04 provides the the following questions: conditions being considered for the regulatory basis, and approved methods, (1) Does the language being exemption? If so, what would be the for using the effective dose equivalent considered appropriately balance the cost savings to these licensees? from external exposures in complying intent of the Federal government’s The third change under consideration with the regulatory requirements, and guidance and regulations related to involves 10 CFR 20.2104. This possible limits, on TEDE. occupational exposure in terms of change would revise the requirement in In addition to other comments or avoiding burdensome requirements for 10 CFR 20.2104(a)(2) for licensees to suggestions regarding this possible

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change to NRC regulations, the NRC DEPARTMENT OF LABOR Garner, Directorate of Standards and staff requests that stakeholders Guidance, Occupational Safety and responding to this solicitation address Occupational Safety and Health Health Administration, U.S. Department the following questions: Administration of Labor, Room N–3718, 200 (1) Is the proposed definition of TEDE Constitution Ave., NW., Washington, 29 CFR Part 1926 DC 20210. consistent with the technical basis of the current regulations in 10 CFR part [Docket No. H011G] FOR FURTHER INFORMATION CONTACT: Michael Seymour, Office of Physical 20 (e.g., recommendations of the RIN No. 1218–AB89 International Commission on Hazards, Directorate of Health Standards, Occupational Safety and Radiological Protections in its Announcement of Stakeholder Health Administration, U.S. Department Publications 26 and 30)? Meetings for Hearing Conservation Program for Construction Workers of Labor, Room N–3718, 200 (2) Does the language clarify the Constitution Avenue, NW., Washington existing requirements as explained in AGENCY: Occupational Safety and Health DC 20210, telephone (202) 693–1950. Regulatory Issue Summary 2003–04? Administration (OSHA); Department of SUPPLEMENTARY INFORMATION: OSHA (3) Should the rule address approvals Labor. issued a section 6(b)(5) health standard by Agreement States of dosimetry ACTION: Scheduling of stakeholder mandating a comprehensive hearing methods for using effective dose meetings. conservation program for noise-exposed equivalent when external exposure is workers in general industry in 1983. SUMMARY: The Occupational Safety and determined by measurement? If so, how However, no rule was promulgated to Health Administration (OSHA) is cover workers in the construction should approval by one jurisdiction be inviting the public to participate in considered by other jurisdictions to industry. Studies show that as many as informal stakeholder meetings on a 750,000 construction workers are ensure consistent results and to Hearing Conservation Program for minimize state-by-state variations in currently exposed to noise levels of 85 Construction Workers. The Agency dBA or greater at work. The largest approach for licensees operating in invites the public to address the multiple jurisdictions? number of worker exposures to following subjects: Noise exposure excessive noise occurs during road The draft rule language is preliminary monitoring, audiometric testing, and construction, carpentry, and concrete and may be incomplete in one or more portability of records for workers in the work. International experience and data respects. The NRC staff is releasing the construction industry with significant show that hearing conservation draft rule language to inform noise exposures. programs in the construction industry stakeholders of the NRC staff’s DATES: Stakeholder meetings. can be effective in reducing consideration of possible changes to 10 Stakeholder meetings will be held on occupational hearing loss. CFR parts 19, 20, and 50, and to invite March 24th and 25th, 2004 in Chicago, On August 5, 2002, the OSHA stakeholders to comment on the draft Illinois, at Embassy Suites Hotel— published an Advance Notice of revisions. As appropriate, the Rosemont, 5500 North River Road, Proposed Rulemaking (ANPR) Statements of Consideration for the Rosemont, Illinois 60018 (telephone addressing noise-induced hearing loss proposed rule will briefly discuss 847–678–4000, fax 847–928–7659). Both among workers in the construction substantive changes made to the rule meetings will begin at 8:30 a.m. and end industry, current practices to reduce at 12:30 p.m. Interested parties are language as a result of comments this loss, and additional approaches and requested to notify OSHA of their intent received. Comments may be provided as protections that could be used to to participate in one of the stakeholder indicated under the ADDRESSES heading. prevent such loss in the future (67 FR meetings by March 8, 2004. Each half 50610). The Agency has reviewed the The NRC may post updates periodically day session will have the same agenda on the rulemaking web site that may be forty-seven comment received in and format. Stakeholders are response to the ANPR and other of interest to stakeholders. encouraged to attend only one half-day available information. The stakeholder Dated at Rockville, Maryland, this 18th day meeting. OSHA plans to schedule an meetings announced here are a of February, 2004. additional meeting in the Washington, continuation of the information For the Nuclear Regulatory Commission. DC area at a later date. gathering process. ADDRESSES: If you wish to participate in William H. Ruland, Stakeholder Meetings Director, Project Directorate IV, Division of a stakeholder meeting you must notify Licensing Project Management, Office of OSHA by e-mail, facsimile, or mail, as OSHA requests the public to address Nuclear Reactor Regulation. set forth below, giving your name, the following issues. • Exposure Monitoring: OSHA seeks [FR Doc. 04–3890 Filed 2–23–04; 8:45 am] affiliation, contact information, the stakeholder session you plan to attend, further information from stakeholders’ BILLING CODE 7590–01–P and whether you wish to be an active experiences on the most effective participant or an observer. approach to evaluating noise exposures Electronic: OSHA encourages you to in construction; submit your notice of intent to • Audiometric Testing: OSHA seeks participate in a stakeholder meeting via practical approaches to providing e-mail to [email protected]. audiometric testing in construction, Facsimile: You may fax your notice of where a significant portion of the intent to participate in a stakeholder workforce is transient; and meeting to Christie Garner at (202) 693– • Portability of Records: OSHA seeks 1678. ideas and approaches on how to create Mail: You may also notify OSHA of long-term audiometric records for short- your intent to participate in a term employees, and solicits ideas on stakeholder meeting, by mail, to Christie how to decrease the difficulty of

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maintaining historic records, laundries or dry cleaners for cleaning organizations and agencies to attend and transferring audiometric test results and reuse. We also proposed a provide comments on the proposed between employers, and ensuring conditional exclusion from the regulation. Any person who wishes may privacy. definition of hazardous waste for appear and speak at the public hearing; The stakeholder meetings will be an industrial wipes that are contaminated however, we encourage those planning opportunity for informal discussion and with solvent and are sent for disposal. to give oral testimony to pre-register will allow for the exchange of ideas and The public hearing is being held as a with EPA. Those planning to speak at points of view; participants are not result of a request from the Sierra Club the hearings should notify Kathy expected to prepare and present formal and UNITE, the Union of Needletrades, Blanton, Office of Solid Waste, testimony. The Agency is interested in Industrial, and Textile Employees. The Hazardous Waste Identification hearing first hand from employers and letter requesting this hearing can be Division, by telephone at (202) 605– employees in the construction industry found in the docket for this rulemaking 0761, or by e-mail at their ideas of what can be done to available through EDOCKET (http:// [email protected]. Pre- reduce the noise exposures and hearing www.epa.gov/edocket), or in person at registration will end March 5, 2004. If loss of workers within this industry. the OSWER Docket, EPA West Building, you cannot pre-register, sign-ups will be Authority: This notice was prepared under Room B102, 1301 Constitution Avenue, taken at the door until 9:30 a.m. on the the direction of John L. Henshaw, Assistant NW., Washington, DC. The docket day of the hearing. Secretary for Occupational Safety and Health. number for this rulemaking is RCRA– Oral testimony will be limited to 7 It is issued under sections 4 and 8 of the 2003–0004. minutes each. Any member of the Occupational Safety and Health Act of 1970 DATES: A public hearing on the proposal public may file a written statement in (29 U.S.C. 653, 655, 657). will be held on March 9, 2004 in addition to presenting orally. A Issued at Washington, DC, this 18th day of Washington, DC. In addition, the verbatim transcript of the hearing and February, 2004. comment period for this proposal has written statements will be made John L. Henshaw, been extended and now ends April 9, available at the OSWER Docket, at the Assistant Secretary of Labor. 2004. above address. [FR Doc. 04–3857 Filed 2–23–04; 8:45 am] ADDRESSES: The public hearing will be If you plan to attend the public BILLING CODE 4510–26–M held in Room 1153 of the EPA East hearing and need special assistance, Building on the corner of 12th Street such as sign language interpretation or and Constitution Avenue, NW., in other reasonable accommodations, ENVIRONMENTAL PROTECTION Washington, DC. For security reasons, contact Kathy Blanton, at the above e- AGENCY photo identification will be required to mail address or phone number. get into the building. Dated: February 13, 2004. 40 CFR Parts 260 and 261 FOR FURTHER INFORMATION CONTACT: Matt Hale, [RCRA–2003–0004; FRL–7626–4] Questions concerning the public hearing Acting Director, Office of Solid Waste. or this proposed rulemaking should be [FR Doc. 04–3934 Filed 2–23–04; 8:45 am] RIN–2050–AE51 directed to Kathy Blanton at (703) 605– BILLING CODE 6560–50–P 0761 or by e-mail at Hazardous Waste Management [email protected]. System: Identification and Listing of Hazardous Waste: Conditional SUPPLEMENTARY INFORMATION: The ENVIRONMENTAL PROTECTION Exclusions From Hazardous Waste public hearing on the proposed rule, AGENCY entitled ‘‘Proposed Conditional and Solid Waste for Solvent- 40 CFR Part 300 Contaminated Industrial Wipes; Notice Exclusions from Hazardous and Solid of Public Hearing and Extension of Waste for Solvent Contaminated [FRL–7625–8] Comment Period Industrial Wipes,’’ will be on March 9, 2004. Doors will open at 9 a.m. and the National Oil and Hazardous AGENCY: Environmental Protection hearing will run beginning from 9:30 Substances Pollution Contingency Agency (EPA). a.m. to 12:30 p.m. The public hearing Plan; National Priorities List ACTION: Proposed rule; notice of public may be adjourned early if there is not hearing and extension of comment significant attendance or participation AGENCY: Environmental Protection period. and, if necessary, will continue beyond Agency. 12:30 p.m. to ensure that all those who ACTION: Notice of intent to delete the SUMMARY: EPA is announcing a public register by 9:30 a.m. on the day of the Combe Fill North Landfill Superfund hearing to be held March 9, 2004 on the hearing have the opportunity to speak. Site from the National Priorities List. proposed rule entitled ‘‘Proposed Please leave extra time to get to the Conditional Exclusions from Hazardous hearing in order to check in with SUMMARY: The Environmental Protection and Solid Waste for Solvent- security. Visitors will be asked to show Agency (EPA), Region 2, is issuing a Contaminated Industrial Wipes,’’ which photo identification, will be screened Notice of Intent to Delete the Combe Fill appeared in the Federal Register on through security equipment, and will be North Landfill Superfund Site (Site) November 20, 2003 (68 FR 65586). EPA escorted to the hearing room from the from the National Priorities List (NPL) is also extending the comment period security check-in. and requests public comment on this through April 9, 2004, to accommodate The public hearing will be held in action. The Combe Fill North Landfill those who wish to respond to testimony Room 1153 of the EPA East Building at Site is located in Mount Olive given at the hearing in their comments. 1201 Constitution Avenue, NW., Township, Morris County, New Jersey. In this proposed rulemaking, EPA Washington, DC. The metro stop is The NPL is Appendix B of the National proposed a conditional exclusion from Federal Triangle, on both the Orange Oil and Hazardous Substances Pollution the definition of solid waste for and the Blue lines. Contingency Plan (NCP), 40 CFR part industrial wipes that are contaminated We invite the public and 300, which EPA promulgated pursuant with solvent and that are sent to representatives of interested to Section 105 of the Comprehensive

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Environmental Response, using for this action. Section IV IV. Basis for Intended Site Deletion Compensation, and Liability Act of 1980 discusses how this site meets NPL The following summary provides the (CERCLA), as amended. EPA and the deletion criteria. Agency’s rationale for the proposal to State of New Jersey, through the delete this Site from the NPL. Department of Environmental Protection II. NPL Deletion Criteria Background (NJDEP), have determined that all Section 300.425(e) of the NCP appropriate remedial actions have been provides that sites may be deleted from The Combe Fill North Landfill Site completed and no further fund-financed the NPL where no further response is comprises 65 acres and was operated as remedial actions are required. In appropriate. In making this a sanitary municipal landfill from 1966 addition, EPA and NJDEP have determination, EPA, in consultation to 1978 by Morris County Landfill determined that the Site is protective of Incorporated. The Landfill accepted with the State, will consider whether public health and the environment. municipal, vegetated, and industrial any of the following criteria have been (non-chemical) wastes, along with DATES: Comments concerning the met: deletion of this site from the NPL must minimal amounts of dry sewage sludge. be received March 25, 2004. (i) Responsible parties or other In September 1978, ownership was persons have implemented all transferred to the Combe Fill ADDRESSES: Comments should be appropriate response actions required; Corporation which operated the landfill submitted to: Ms. Pamela J. Baxter, until January 1981 when the New Jersey Remedial Project Manager, New Jersey (ii) All appropriate Fund-financed Department of Environmental Protection Remediation Branch, Emergency and response under CERCLA has been (NJDEP) denied an expansion request Remedial Response Division, U.S. implemented, and no further response and operations ceased. Proper closure Environmental Protection Agency, action by responsible parties is procedures were not implemented Region 2, 290 Broadway, 19th Floor, appropriate; or because Combe Fill Corporation filed for New York, New York 10007–1866. (iii) The remedial investigation has bankruptcy in September 1981. The Site Comprehensive information on the shown that the release poses no was added to the NPL in December Site is available for viewing, by significant threat to public health or the 1982. appointment only, at: U.S. EPA Records environment and, therefore, taking of On November 21, 1983, NJDEP signed Center, 290 Broadway—18th Floor, New remedial measures is not appropriate. a Cooperative Agreement with EPA for York, New York 10007–1866, hours: 9 an RI/FS at the Site. Low concentrations a.m. to 5 p.m.—Monday through Friday. III. Deletion Procedures of hazardous substances were found at Contact the Records Center at (212) 637– The following procedures apply to the the Site during RI activities. A public 4308. meeting to present and discuss the deletion of this Site: (1) EPA issued a Information on the Site is also results of the RI/FS and the Record of Decision (ROD) on September available for viewing at the Information recommended alternative was held on 29, 1986, which selected a long-term Repository located at: Mount Olive July 16, 1986. A ROD was signed by Public Library, Wolfe Road, Budd Lake, remedy to address landfill containment. EPA on September 29, 1986 which New Jersey 07828, (973) 681–8686. (2) All appropriate responses under selected the long-term solution for the FOR FURTHER INFORMATION CONTACT: Ms. CERCLA have been implemented as Combe Fill North Landfill. The main Baxter, at the address provided above, described in a Final Close-Out Report components of the remedy consisted of or by telephone at (212) 637–4416; fax: dated April 27, 1993. (3) The NJDEP grading and compacting the 65-acre (212) 637–4393 or via e-mail at concurs with the proposed deletion. (4) waste disposal area; covering with one [email protected] A Five-Year Review was conducted in foot of common borrow material; September 1999, and determined that SUPPLEMENTARY INFORMATION: capping with one foot of clay; covering the remedy continues to be protective of with sufficient common borrow material Table of Contents public health and the environment. (5) to ensure the clay cap is below the I. Introduction A notice has been published in the local average frost penetration depth; II. NPL Deletion Criteria newspaper and has been distributed to covering with 6 inches of topsoil; III. Deletion Procedures appropriate federal, state and local planting vegetated cover (grass seeding); IV. Basis for Intended Site Deletion officials and other interested parties installing a drainage system; installing a I. Introduction announcing a 30-day public comment methane venting system; constructing a period on EPA’s Notice of Intent to security fence surrounding the site and EPA Region 2 announces its intent to Delete. (6) All relevant documents have implementing a quarterly ground water delete the Combe Fill North Landfill been made available for public review at and surface water monitoring program. Superfund Site (Site) from the National the local Site information repository and Response Actions Priorities List (NPL) and requests public at EPA Region 2. comment on this action. EPA maintains The design of the remedy was the NPL as the list of sites that present EPA’s Regional Office will evaluate completed by April 25, 1989 and the a significant risk to public health or the public comments before making a final remedy was constructed by June 1991. environment. Sites on the NPL may be decision on deletion. If necessary, EPA Construction activities were performed the subject of remedial actions financed will prepare a Responsiveness Summary in accordance with the approved design by the Hazardous Substance Superfund to address significant public comments and consisted of the work described in (Fund). received during the public comment the ROD. The work for the Site is EPA will accept comments on the period. If after consideration of the described in an April 27, 1993 proposal to delete this Site for thirty comments received, EPA decides to Remediation Close Out Report. (30) days after publication of this proceed with the deletion, EPA will document in the Federal Register. place a final Notice of Deletion in the Operation and Maintenance Section II below explains the criteria Federal Register. Generally, the NPL NJDEP is responsible for conducting for deleting sites from the NPL. Section will reflect deletions in the final update operation and maintenance activities. III discusses the procedures that EPA is following the notice. Activities include mowing the grass on

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the landfill, visually inspecting the cap Dated: February 9, 2004. FEDERAL COMMUNICATIONS and runoff drainage channels, clearing Jane M. Kenny, COMMISSION vegetation from the drainage channels, Regional Administrator, Region 2. 47 CFR Part 73 and performing sampling and analysis [FR Doc. 04–3824 Filed 2–23–04; 8:45 am] for the long-term monitoring program. BILLING CODE 6560–50–P [DA 04–283; MB Docket No. 04–24; RM– The monitoring plan requires the 10846] monitoring of groundwater and air. Groundwater samples are collected Radio Broadcasting Services; Lincoln and Yuba City, CA quarterly from 13 monitoring wells (2 FEDERAL COMMUNICATIONS upgradient and 11 downgradient) and COMMISSION AGENCY: Federal Communications sampled for Target Compound List of Commission. analytes. Air monitoring is conducted 47 CFR Part 73 quarterly on the gas vents. ACTION: Proposed rule. Five-Year Review [DA 04–286; MM Docket No. 01–157, RM– SUMMARY: This document requests 10178] comments on a petition for rule making EPA conducted a Five-Year Review in filed by Harlan Communications, Inc., September 1999. EPA’s review Radio Broadcasting Services; licensee of Station KXCL(FM), Channel determined that the remedy was Woodson, TX 280B1, Yuba City, California. The implemented in accordance with the petition proposes to downgrade Channel remedy selected in the ROD and the AGENCY: Federal Communications 280B1 to Channel 280A and to reallot remedy in the ROD is protective of Commission. Station KXCL(FM) from Yuba City to human health and the environment. Lincoln, California, and to provide ACTION: However, hazardous substances, Proposed rule; dismissal. Lincoln with its first local aural pollutants, or contaminants are transmission service. The coordinates remaining at the Site. Consequently, a SUMMARY: In response to a Notice of for requested Channel 280A at Lincoln, five-year review will be conducted at Proposed Rule Making, 66 FR 39128 California, are 38–54–45 NL and 121– this site no less often than every five (July 27, 2001), this Report and Order 23–20 WL, with a site restriction of 8.7 years. The next five-year review will be dismisses the Petition for Rule Making kilometers (5.4 miles) west of Lincoln. conducted before the end of September in MM Docket No. 01–157, proposing to Petitioner’s reallotment proposal 2004. allot Channel 298A at Woodson, Texas. complies with the provisions of Section Applicable Deletion Criteria/Statue The petitioner had requested this 1.420(i) of the Commission’s Rules, and Concurrence dismissal. therefore, the Commission will not accept competing expressions of interest All the completion requirements for FOR FURTHER INFORMATION CONTACT: in the use of Channel 280A at Lincoln, this Site have been met as described in Victoria McCauley, Media Bureau, (202) California, or require the petitioner to the Remediation Close Out Report dated 418–2180. demonstrate the availability of an April 27, 1993. EPA is proposing additional equivalent class channel. deletion of this Site from the NPL. SUPPLEMENTARY INFORMATION: This is a Documents supporting this action are synopsis of the Commission’s Report DATES: Comments must be filed on or available in the site files. The State of and Order, MM Docket No. 01–157, before April 1, 2004, and reply New Jersey, in its letter of July 3, 2003, adopted February 4, 2004 and released comments on or before April 16, 2004. concurred on the proposed deletion of February 9, 2004. The full text of this ADDRESSES: Secretary, Federal this Site from the NPL. Commission decision is available for Communications Commission, 445 12th Public participation activities for the inspection and copying during normal Street, SW., Room TW–A325, Combe Fill North Site have been business hours in the FCC’s Reference Washington, DC 20554. In addition to satisfied as required in CERCLA section Information Center at Portals II, 445 filing comments with the FCC, 113(k), 42 U.S.C. 9613(k), and section 12th Street, SW., Room CY–A257, interested parties should serve the 117, 42 U.S.C. 9617. The RI/FS and the Washington, DC 20554. The document petitioner’s counsel, as follows: Lee J. ROD were subject to a public review may also be purchased from the Peltzman, Esq., Shainis & Peltzman, process. All other documents and Commission’s duplicating contractor, Chartered; 1850 M Street, NW., Suite 240; Washington, DC 20036 and Mark information which EPA relied on or Qualex International, Portals II, 445 N. Lipp, Esq., Vinson & Elkins, LLP; The considered in recommending that the 12th Street, SW., Room CY–B402, Willard Office Building, 1455 Site be deleted from the NPL are Washington, DC 20554, telephone 202– available for the public to review at the Pennsylvania Avenue, NW.; 863–2893, facsimile 202–863–2898, or Washington, DC 20004–1008. information repositories. via e-mail [email protected]. The NCP specifies that EPA may FOR FURTHER INFORMATION CONTACT: R. delete a site from the NPL if ‘‘all Federal Communications Commission. Barthen Gorman, Media Bureau, (202) appropriate Fund-financed response John A. Karousos, 418–2180. under CERCLA has been implemented, Assistant Chief, Audio Division, Media SUPPLEMENTARY INFORMATION: This is a and no further response action by Bureau. synopsis of the Commission’s Notice of responsible parties is appropriate.’’ 40 [FR Doc. 04–3975 Filed 2–23–04; 8:45 am] Proposed Rule Making, MB Docket No. CFR 300.425(e)(1)(ii). EPA, with the BILLING CODE 6712–01–P 04–24, adopted February 4, 2004, and concurrence of the State of New Jersey, released February 9, 2004. The full text through the Department of of this Commission decision is available Environmental Protection, believes that for inspection and copying during this criterion for deletion has been met. regular business hours in the FCC’s Consequently, EPA is proposing Reference Information Center at Portals deletion of this Site from the NPL. II, 445 12th Street, SW., CY–A257,

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Washington, DC, 20554. This document SUMMARY: The document denies a kilometers (12.6 miles) west of the may also be purchased from the Petition for Rule Making filed by Dana community. Commission’s duplicating contractors, J. Puopolo, which requested the DATES: Comments must be filed on or Qualex International, Portals II, 445 allotment of Channel 261A to Montauk, before April 1, 2004, and reply 12th Street, SW., Room CY–B402, New York, as that community’s third comments on or before April 16, 2004. Washington, DC, 20554, telephone 202- local aural transmission service. See 68 ADDRESSES: Secretary, Federal 863–2893, facsimile 202–863–2898, or FR 42663, July 18, 2003. Communications Commission, 445 12th via e-mail [email protected]. ADDRESSES: Federal Communications Street, SW., Room TW–A325, The provisions of the Regulatory Commission, 445 Twelfth Street, SW., Washington, DC 20554. In addition to Flexibility Act of 1980 do not apply to Washington, DC 20554. filing comments with the FCC, this proceeding. FOR FURTHER INFORMATION CONTACT: interested parties should serve the Members of the public should note Rolanda F. Smith, Media Bureau, (202) petitioner’s counsel, as follows: Lee J. that from the time a Notice of Proposed 418–2180. Peltzman, Esq., Shainis & Peltzman, Rule Making is issued until the matter Chartered, 1850 M Street, NW., Suite is no longer subject to Commission SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Report 240, Washington, DC 20036; Mark N. consideration or court review, all ex Lipp, Esq., J. Thomas Nolan, Esq., parte contacts are prohibited in and Order, MB Docket No. 03–155, adopted February 4, 2004, and released Vinson & Elkins, LLP, 1455 Commission proceedings, such as this Pennsylvania Avenue, NW., Suite 600, one, which involve channel allotments. February 9, 2004. The full text of this Commission decision is available for Washington, DC 20004–1008. See 47 CFR 1.1204(b) for rules FOR FURTHER INFORMATION CONTACT: governing permissible ex parte contacts. inspection and copying during regular business hours at the FCC’s Reference Victoria M. McCauley, Media Bureau, For information regarding proper (202) 418–2180. filing procedures for comments, See 47 Information Center, Portals II, 445 SUPPLEMENTARY INFORMATION: This is a CFR 1.415 and 1.420. Twelfth Street, SW, Room CY–A257, Washington, DC 20554. The complete synopsis of the Commission’s Notice of List of Subjects in 47 CFR Part 73 text of this decision may also be Proposed Rule Making, MB Docket No. Radio, Radio broadcasting. purchased from the Commission’s 04–25, adopted February 4, 2004, and duplicating contractor, Qualex released February 9, 2004. The full text For the reasons discussed in the International, Portals II, 445 12th Street, of this Commission decision is available preamble, the Federal Communications SW, Room CY–B402, Washington, DC for inspection and copying during Commission proposes to amend 47 CFR 20554, telephone 202–863–2893, regular business hours in the FCC’s Part 73 as follows: facsimile 202–863–2898, or via e-mail Reference Information Center at Portals PART 73—RADIO BROADCAST [email protected]. II, 445 12th Street, SW., CY–A257, Washington, DC, 20554. This document SERVICES Federal Communications Commission. may also be purchased from the John A. Karousos, 1. The authority citation for Part 73 Commission’s duplicating contractors, continues to read as follows: Assistant Chief, Audio Division, Media Qualex International, Portals II, 445 Bureau. 12th Street, SW., Room CY–B402, Authority: 47 U.S.C. 154, 303, 334, and [FR Doc. 04–3960 Filed 2–23–04; 8:45 am] 336. Washington, DC, 20554, telephone 202– BILLING CODE 6712–01–P 863–2893, facsimile 202–863–2898, or § 73.202 [Amended] via e-mail [email protected]. Channel 300C1 was allotted to Laughlin, Nevada 2. Section 73.202(b), the Table of FM FEDERAL COMMUNICATIONS in 1987. See 52 FR 38766, published Allotments under California, is COMMISSION October 19, 1987. The channel is not amended by adding Lincoln, Channel currently listed in the FM Table of 280A and by removing Yuba City, 47 CFR Part 73 Allotments, Section 73.202(b) under Channel 280B1. Nevada for the community of Laughlin. Federal Communications Commission. [DA 04–288; MB Docket No. 04–25; RM– Station KVGS(FM) obtained a license for 10849] John A. Karousos, this channel on May 13, 1992. See BLH– Assistant Chief, Audio Division, Media Radio Broadcasting Services; 19910903KD. Station KVGS(FM) Bureau. Laughlin, Nevada and Meadview, AZ currently operates on Channel 300C at [FR Doc. 04–3963 Filed 2–23–04; 8:45 am] Laughlin, Nevada because the station BILLING CODE 6712–01–P AGENCY: Federal Communications was granted a license to specify Commission. operation on Channel 300C in lieu of ACTION: Proposed rule. Channel 300C1 at Laughlin, Nevada on FEDERAL COMMUNICATIONS June 20, 2001. See BLH–20010327ABN. COMMISSION SUMMARY: This document requests The provisions of the Regulatory comments on a petition for rule making Flexibility Act of 1980 do not apply to 47 CFR Part 73 filed by Desert Sky Media, LLC, licensee this proceeding. of Station KVGS(FM), Laughlin, Nevada. Members of the public should note [DA 04–284; MB Docket No. 03–155, RM– The petition proposes the reallotment of that from the time a Notice of Proposed 10735] Channel 300C from Laughlin to Rule Making is issued until the matter Meadview, Arizona, as the community’s is no longer subject to Commission Radio Broadcasting Services; first local transmission service, and the consideration or court review, all ex Montauk, NY modification of the license for Station parte contacts are prohibited in AGENCY: Federal Communications KVGS(FM) to reflect the changes. The Commission proceedings, such as this Commission. coordinates for Channel 300C at one, which involve channel allotments. Meadview are 35–50–11 NL and 114– See 47 CFR 1.1204(b) for rules ACTION: Proposed rule; dismissal. 19–088 WL with a site restriction of 20.3 governing permissible ex parte contacts.

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For information regarding proper DATES: Comments must be filed on or § 73.202 [Amended] filing procedures for comments, See 47 before March 29, 2004, and reply 2. Section 73.202(b), the Table of FM CFR 1.415 and 1.420. comments on or before April 13, 2004. Allotments under Alabama, is amended by adding Munford, Channel 224A and List of Subjects in 47 CFR Part 73 ADDRESSES: Secretary, Federal Communications Commission, 445 12th by removing Talladega, Channel 224A. Radio, Radio broadcasting. Street, SW., Room TW–A325, Federal Communications Commission. For the reasons discussed in the Washington, DC 20554. In addition to John A. Karousos, preamble, the Federal Communications filing comments with the FCC, Assistant Chief, Audio Division, Media Commission proposes to amend 47 CFR interested parties should serve the Bureau. Part 73 as follows: petitioner’s counsel, as follows: Gary S. [FR Doc. 04–3969 Filed 2–23–04; 8:45 am] Tepper, Esq, Booth, Freret, Imlay & PART 73—RADIO BROADCAST BILLING CODE 6712–01–P Tepper, P.C.; 7900 Wisconsin Ave., SERVICES Suite 304; Bethesda, Maryland 20814– 1. The authority citation for Part 73 3628. DEPARTMENT OF HOMELAND continues to read as follows: SECURITY FOR FURTHER INFORMATION CONTACT: R. Authority: 47 U.S.C. 154, 303, 334, and Barthen Gorman, Media Bureau, (202) Transportation Security Administration 336. 418–2180. § 73.202 [Amended] SUPPLEMENTARY INFORMATION: This is a 49 CFR Part 1546 2. Section 73.202(b), the Table of FM synopsis of the Commission’s Notice of [Docket No. TSA–2004–17131] Allotments under Arizona, is amended Proposed Rule Making, MB Docket No. by adding Meadview, Channel 300C. 04–19, adopted February 4, 2004, and RIN 1652–AA38 released February 6, 2004. The full text Federal Communications Commission. of this Commission decision is available Aircraft Repair Station Security John A. Karousos, for inspection and copying during AGENCY: Transportation Security Assistant Chief, Audio Division, Media regular business hours in the FCC’s Bureau. Administration (TSA), DHS. Reference Information Center at Portals ACTION: [FR Doc. 04–3966 Filed 2–23–04; 8:45 am] Notice of public meeting and II, 445 12th Street, SW., CY–A257, request for comments. BILLING CODE 6712–01–P Washington, DC, 20554. This document may also be purchased from the SUMMARY: TSA prescribes and enforces Commission’s duplicating contractors, transportation security regulations, FEDERAL COMMUNICATIONS Qualex International, Portals II, 445 including rules relating to domestic and COMMISSION 12th Street, SW., Room CY–B402, certain foreign aviation operations. Recent legislation directs TSA to issue 47 CFR Part 73 Washington, DC, 20554, telephone 202– 863–2893, facsimile 202–863–2898, or a new regulation concerning security at via e-mail [email protected]. foreign and domestic aircraft repair [DA 04–230; MB Docket No. 04–19; RM– stations. In order to develop an effective 10845] The provisions of the Regulatory Flexibility Act of 1980 do not apply to and comprehensive regulation, TSA believes it is important to hear from the Radio Broadcasting Services; Munford this proceeding. stakeholders and other interested parties and Talladega, AL Members of the public should note early in the rulemaking process to that from the time a Notice of Proposed AGENCY: Federal Communications determine what the current conditions Rule Making is issued until the matter Commission. are and how security issues can be is no longer subject to Commission ACTION: Proposed rule. addressed quickly. Therefore, TSA is consideration or court review, all ex scheduling a public meeting to discuss parte contacts are prohibited in SUMMARY: This document requests the new requirement with air carriers, Commission proceedings, such as this comments on a petition for rule making airports, repair facility operators and one, which involve channel allotments. filed by Jacobs Broadcast Group, Inc., other stakeholders, and invites See 47 CFR 1.1204(b) for rules licensee of Station WTDR–FM, Channel comments from the participants. The governing permissible ex parte contacts. 224A, Talladega, Alabama. The petition public meeting will be held on February proposes to reallot WTDR–FM from For information regarding proper 27, 2004, at 1 p.m. Talladega to Munford, Alabama, and to filing procedures for comments, See 47 DATES: The public meeting will be on provide Munford with its first local CFR 1.415 and 1.420. February 27, 2004, in Arlington, VA. aural transmission service. The List of Subjects in 47 CFR Part 73 The meeting will begin at 1 p.m. coordinates for requested Channel 224A Persons not able to attend a meeting are at Munford, Alabama, are 33–29–12 NL Radio, Radio broadcasting. invited to provide written comments, and 85–59–15 WL, with a site restriction For the reasons discussed in the which must be received by March 29, of 5.9 kilometers (3.6 miles) southwest preamble, the Federal Communications 2004. of Munford. Commission proposes to amend 47 CFR ADDRESSES: The public meeting will be Petitioner’s reallotment proposal Part 73 as follows: held at the Drug Enforcement Agency, complies with the provisions of Section 700 Army Navy Drive, 1st Floor 1.420(i) of the Commission’s Rules, and PART 73—RADIO BROADCAST Auditorium, Arlington, Virginia 22202. therefore, the Commission will not SERVICES Persons unable to attend the meeting accept competing expressions of interest may submit comments, identified by the in the use of Channel 224A at Munford, 1. The authority citation for Part 73 TSA docket number to this rulemaking, Alabama, or require the petitioner to continues to read as follows: using any one of the following methods: demonstrate the availability of an Authority: 47 U.S.C. 154, 303, 334, and Comments Filed Electronically: You additional equivalent class channel. 336. may submit comments through the

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docket Web site at http://dms.dot.gov. include supporting data. You may Homeland Security (DHS), and the Please be aware that anyone is able to submit comments and material Under Secretary is now the search the electronic form of all electronically, in person, by mail, or fax Administrator comments received into any of our as provided under ADDRESSES, but As part of its aviation security dockets by the name of the individual please submit your comments and mission, TSA prescribes and enforces submitting the comment (or signing the material by only one means. If you aviation security regulations for comment, if submitted on behalf of an submit comments by mail or delivery, domestic aircraft operators (49 CFR part association, business, labor union, etc.). submit them in two copies, in an 1544), domestic airport operators (49 You may review the applicable Privacy unbound format, no larger than 8.5 by CFR part 1542), foreign air carriers that Act Statement published in the Federal 11 inches, suitable for copying and operate to, from, within, and overfly the Register on April 11, 2000 (65 FR electronic filing. United States (49 CFR part 1546), 19477), or you may visit http:// If you want the TSA to acknowledge indirect air carriers (49 CFR part 1548), dms.dot.gov. receipt of your comments, include with and general operating and flight rules You also may submit comments your comments a self-addressed, (49 CFR part 1550). through the Federal eRulemaking portal stamped postcard on which the docket On December 12, 2003, the President at http://www.regulations.gov. number appears. We will stamp the date signed into law the Vision 100—Century Comments Submitted by Mail, Fax, or on the postcard and mail it to you. of Aviation Reauthorization Act.2 In Person: Address or deliver your Except for comments containing Section 611 of the Act requires TSA to written, signed comments to the Docket confidential information and SSI, we ‘‘issue final regulations to ensure the Management System, U.S. Department will file in the public docket all security of foreign and domestic aircraft of Transportation, Room Plaza 401, 400 comments we receive, as well as a repair stations’’ within 240 days, that is Seventh Street, SW., Washington, DC report summarizing each substantive by August 8, 2004. There are 20590–0001; fax: 202–493–2251. public contact with TSA personnel approximately 650 foreign repair Reviewing Comments in the Docket: concerning this rulemaking. The docket stations that are certified by the Federal You may review the public docket is available for public inspection before Aviation Administration (FAA) to repair containing comments in person in the and after the comment closing date. aircraft that enter U.S. airspace, and Dockets Office between 9 a.m. and 5 We will consider all comments we approximately 4500 domestic repair p.m., Monday through Friday, except receive on or before the closing date for facilities. These repair stations vary Federal holidays. The Dockets Office is comments. We will consider comments greatly in size, type of repair completed, located on the plaza level of the NASSIF filed late to the extent practicable. workforce, and location (such as Building at the Department of proximity to an airport). There are small Availability of Rulemaking Document Transportation address above. Also, you shops in industrial parks that may may review public dockets on the You can get an electronic copy using repair aircraft radios, and there are large Internet at http://dms.dot.gov. the Internet by— stations that complete major aircraft See SUPPLEMENTARY INFORMATION for (1) Searching the Department of overhauls. Because the station format and other information about Transportation’s electronic Docket characteristics vary so greatly, TSA comment submissions. Management System (DMS) Web page believes the corresponding security FOR FURTHER INFORMATION CONTACT: (http://dms.dot.gov/search); threat and existing security measures Roger Shoemaker, Office of (2) Accessing the Government also vary widely. Printing Office’s Web page at http:// TSA will prepare a notice of proposed Transportation Security Policy, _ Transportation Security Administration www.access.gpo.gov/su docs/aces/ rulemaking after the public meeting, Headquarters, East Building, Floor 7, aces140.html; or provide an opportunity for public TSA–9, 601 South 12th Street, (3) Visiting the TSA’s Law and Policy comment, and then issue a final rule. Arlington, VA 22202; telephone: (571) Web page at http://www.tsa.dot.gov/ The information presented at the public 227–3662; fax: (571) 227–2594; e-mail: public/index.jsp. meeting should greatly assist TSA in [email protected]. In addition, copies are available by developing proposed standards for writing or calling the individual in the securtiy systems at foreign and domestic SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT repair stations. Therefore, TSA looks Comments Invited section. Make sure to identify the docket forward to meeting with the key number of this rulemaking. stakeholders on this topic and TSA invites interested persons to exchanging information. participate in the public meeting or by Background submitting written comments, data, or The terrorist attacks of September 11, Specific Issues for Discussion views. We invite comments relating to 2001, resulted in catastrophic human There are several areas in which TSA any aspect of aircraft repair station casualties and property damage. In seeks information and comment from security and operation. The areas in response to those attacks, Congress the industry at the public meeting, which TSA seeks information and passed the Aviation and Transportation which are listed below. These key issues comment from the industry at the public Security Act (ATSA), which established are intended to help focus public meeting are listed below in the the Transportation Security comments on subjects that TSA must ‘‘Specific Issues for Discussion’’ section. Administration (TSA).1 TSA was explore in order to complete its review See ADDRESSES above for information on created as an agency within the of the security of aircraft repair stations. where to submit comments. Department of Transportation (DOT), The comments at the meeting need not With each comment, please include operating under the direction of the be limited to these issues, and TSA your name and address, identify the Under Secretary of Transportation for invites comments on any other aspect of docket number at the beginning of your Security. As of March 1, 2003, TSA aircraft repair station security and comments, and give the reason for each became an agency of the Department of operation. comment. The most helpful comments reference a specific topic, explain the 1 1 Pub. L. 107–71, November 19, 2001, 115 Stat. 2 2 Pub. L. 108–176, December 12, 2003, 117 Stat. reason for any recommendation, and 597. 2490.

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(1) What security measures are meeting. TSA will make every effort to representatives may ask questions to currently in place at foreign and accommodate all persons who wish to clarify a statement and to ensure a domestic aircraft repair stations? Do you participate, but admission will be complete and accurate record. use access control, perimeter security, subject to availability of space in the Issued in Arlington, Virginia, on February or identification media? What kind of meeting room. The meeting may adjourn 18, 2004. employee background checks, if any, are early if scheduled speakers complete Thomas R. Blank, their statements in less time than is conducted on employees prior to hiring, Assistant Administrator for Transportation or periodically? scheduled for the meeting. Security Policy. (2) What security vulnerabilities do (2) An individual, whether speaking [FR Doc. 04–4051 Filed 2–20–04; 10:52 am] you believe currently exist at foreign in a personal or a representative and domestic repair stations? capacity on behalf of an organization, BILLING CODE 4910–62–P (3) What minimum standards should may be limited to a 10-minute be in place to prevent unauthorized statement. If possible, we will notify the access, tampering, and other security speaker if additional time is available. DEPARTMENT OF THE INTERIOR breeches at foreign and domestic aircraft (3) TSA will try to accommodate all repair stations? speakers. If the available time does not Fish and Wildlife Service (4) What does your current security permit this, speakers generally will be system cost? scheduled on a first-come, first-served 50 CFR Part 17 (5) Should TSA regulations be basis. However, TSA reserves the right RIN 1018–AJ26 tailored to the type of rating the repair to exclude some speakers if necessary to station holds, number of employees, present a balance of viewpoints and Endangered and Threatened Wildlife proximity to an airport, number of issues. and Plants; Extension of Amended repairs completed, or other (4) Sign and oral interpretation can be Special Regulations for the Preble’s characteristics? If so, please explain made available at the meeting, as well Meadow Jumping Mouse how that could be accomplished. as an assistive listening device, if (6) Should aircraft operators play a requested 10 calendar days before the AGENCY: Fish and Wildlife Service, role in ensuring that repair facilities meeting. Interior. maintain a secure workplace? If so, what (5) Representatives of TSA will ACTION: Proposed rule. should aircraft operators do to enhance preside over the meeting. A panel of repair station security? TSA personnel involved in this issue SUMMARY: On May 22, 2001, the Fish (7) Have you experienced security will be present. and Wildlife Service (Service) adopted breeches at your facility? If so, what (6) The meeting will be recorded by special regulations governing take of the measures were instituted to prevent a court reporter. A transcript of the threatened Preble’s meadow jumping recurrence? meeting and any material accepted by mouse (Zapus hudsonius preblei). The TSA during the meeting will be special regulations provide exemption Participation at the Meeting included in the public docket. Any from take provisions under section 9 of Anyone wishing to present an oral person who is interested in purchasing the Endangered Species Act for certain statement at the meeting should provide a copy of the transcript should contact activities related to rodent control, a written request to TSA no later than the court reporter directly. ongoing agricultural activities, February 20, 2004. Such requests should (7) TSA will review and consider all landscape maintenance, and existing be submitted to Roger Shoemaker, as material presented by participants at the uses of water. On October 1, 2002, the listed previously in the FOR FURTHER meeting. Position papers or material Service amended those regulations to INFORMATION CONTACT section. In presenting views or arguments related to provide exemptions for certain activities addition, anyone who wishes to present the security of foreign and domestic related to noxious weed control and a statement at the public meeting should aircraft repair stations may be accepted ongoing ditch maintenance activities. submit a written version of the oral at the discretion of the presiding officer This action proposes to extend the remarks and supporting documentation and subsequently placed in the public special regulations permanently. for any of the conclusions reached. docket. TSA asks that persons DATES: Comments must be received on Speakers should plan to talk for no more participating in the meeting provide six or before March 25, 2004, to receive than 10 minutes. TSA will prepare an copies of all materials to be presented consideration. Public hearing requests agenda of speakers that will be available for distribution to the TSA must be received by March 10, 2004. representatives; other copies may be at the meeting. The names of those ADDRESSES: The complete file for this individuals whose requests to present provided to the audience at the rule is available for public inspection, oral statements are received after the discretion of the participant. by appointment, during normal business (8) Statements made by TSA date specified above may not appear on hours at the Fish and Wildlife Service’s representatives are intended to facilitate the written agenda. To accommodate as Colorado Field Office, Ecological discussion of the issues or to clarify many speakers as possible, the amount Services, Suite 361, Lakewood, CO issues. Any statement made during the of time allocated to each speaker may be 80215. Comments and public hearing meeting by a TSA representative is not less than the amount of time requested. requests should be submitted to the intended to be, and should not be same address. Public Meeting Procedures construed as, a position of TSA. TSA will use the following (9) The meeting is designed to solicit FOR FURTHER INFORMATION CONTACT: In procedures to facilitate the meeting: public views and gather additional Colorado, contact Susan Linner, Field (1) There will be no admission fee or information on the security of aircraft Supervisor, at the above address, or other charge to attend or to participate repair stations. Therefore, the meeting telephone (303) 275–2370. In Wyoming, in the meeting. The meeting will be will be conducted in an informal, non- contact Brian Kelly, Field Supervisor, open to all persons who are scheduled adversarial manner. No individual will Cheyenne, WY, at telephone (307) 772– to present statements or who register be subject to cross-examination by any 2374. between 12:30 and 1 on the day of the other participant; however, TSA SUPPLEMENTARY INFORMATION:

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Background noxious weed control, may result in Army Corps of Engineers for dredge and The final rule listing the Preble’s negligible levels of take, they support fill activities regulated under the Clean meadow jumping mouse (Zapus the continued presence of occupied Water Act. A section 7 consultation was hudsonius preblei) (Preble’s) as a habitat that might otherwise be lost to conducted on the current special rule, threatened species under the succession or invasive species. Also, by and the ensuing biological opinion Endangered Species Act (Act) of 1973, offering flexibility to private landowners addressed a wide array of potential take as amended (16 U.S.C. 1531 et seq.), was for ongoing activities that will not from private actions, some of which published in the Federal Register on impede the conservation of the species, have unknown timeframes, some of May 13, 1998 (63 FR 26517). Section 9 the special rule also provides an which occur sporadically, and some of of the Act prohibits take of endangered incentive for landowners to pursue which occur on a regular schedule. The wildlife. The Act defines take to mean voluntary conservation efforts and biological opinion for the special rule harass, harm, pursue, hunt, shoot, advance our understanding of the found that the level of take anticipated species. The rule has garnered support to occur from a 36-month period was wound, kill, trap, capture, or collect or of State and local governments, private not considered to be biologically to attempt to engage in any such landowners, and other interested significant to the recovery of the conduct. However, the Act also provides parties, and we believe that the Preble’s. Because the consultation for the authorization of take and proposed permanent extension of the applied to take that could occur at any exceptions to the take prohibitions. special rule it will contribute to a time and making the special rule Take of listed species by non-Federal lasting, cooperative approach for the permanent does not affect the Preble’s property owners can be permitted recovery of the species. or its critical habitat not previously through the process set forth in section The special rule is best understood in considered, we have determined that it 10 of the Act. For federally funded or the context of other regulations and is not necessary to re-initiate permitted activities, take of listed actions, already in place or in consultation on the proposed permanent species may be allowed through the development, to provide for extension of the special rule. consultation process of section 7 of the conservation of the Preble’s. First, Third, a variety of Federal, State, and Act. While section 9 of the Act section 10(a)(1)(B) of the Act allows the local programs are available to help establishes prohibitions applicable to public to obtain from us, in appropriate preserve the Preble’s through the endangered species, the Service has circumstances, permits allowing take of acquisition, preservation, and issued regulations (50 CFR 17.31) Preble’s, providing that the take is management of its habitat. These applying those same prohibitions to incidental to, and not the purpose of, include the Service’s Partners for Fish threatened wildlife. These regulations each action or project. One of the and Wildlife Program, the Natural may be tailored for a particular purposes of the special rule is to make, Resource Conservation Service’s threatened species through in advance, general decisions that wetland/riparian habitat protection promulgation of a special rule under certain types of activities are consistent programs, grant programs administered section 4(d) of the Act. When a special with the conservation of the Preble’s by Great Outdoors Colorado, city and rule has been established for a without requiring people to seek county open space programs, and threatened species, the general additional section 10 permits activities of local land trusts. In regulations for some section 9 authorizing those activities. This particular, our Partners for Fish and prohibitions do not apply to that purpose will be continued by the Wildlife Program has proven to be an species, and the special rule contains proposed permanent extension. especially effective approach for the prohibitions, and exemptions, Additional activities that result in take wildlife conservation on agricultural necessary and advisable to conserve that of Preble’s that are not exempted by the lands by providing funding for species. special rule may still be permitted by restoration of wetlands and riparian On May 22, 2001 (66 FR 28125), we the Service under section 10 of the Act. habitats. adopted a final section 4(d) special rule Currently, the State of Colorado, the Fourth, we are committed to that provided exemptions from section Service, and various local governments development of a recovery program for 9 take prohibitions for certain rodent in Colorado and Wyoming are working the Preble’s that achieves recovery of control activities, ongoing agricultural together to develop plans to conserve the species and provides solutions to activities, maintenance and replacement the Preble’s and its habitat. This conflicts between the species’ recovery of existing landscaping, and existing collaborative approach is expected to and economic activities, including uses of water. On October 1, 2002 (67 result in the development of Habitat agriculture. We believe that a recovery FR 61531), we amended this rule to Conservation Plans (HCPs) and program that integrates both biological provide exemptions for certain noxious applications to the Service for and social factors will have the highest weed control and ongoing ditch incidental take permits under section 10 chance of success. The Service has maintenance activities. The final special of the Act. These HCPs will provide an established a Recovery Team for the rule, as amended, is effective until May important component of a lasting, Preble’s, and a draft recovery plan will 22, 2004. We are now proposing to effective, and efficient recovery program be available for public review in the extend the amended special rule for the Preble’s. near future. permanently. Second, section 7 of the Act requires The May 22, 2001, special rule and We believe that the special rule, as Federal agencies, in consultation with the October 1, 2002, amendment amended, is necessary and advisable to and with the assistance of the Service, recognized that the take exemptions provide for the conservation of the to use their authorities to conserve provided by the rule would support the Preble’s. The special rule has been listed species and ensure that actions development of meaningful shown to provide for the conservation of authorized, funded, or carried out by the conservation efforts for the Preble’s by the Preble’s mouse by allowing agency are not likely to jeopardize the State and local governments, activities that help to maintain the Preble’s. On private land, Federal agricultural interests, and the general habitat characteristics needed by the actions in Preble’s habitat that may public. The rule and the amendments species. Although such activities, require consultation include the identified the following conservation including ditch maintenance and issuance of section 404 permits by the benefits to the Preble’s: (1) Exemptions

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regarding rodent control and businesses available for public Management and Budget (OMB) has landscaping would elicit support from inspection in their entirety (see determined that this rule is a significant landowners for Preble’s conservation ADDRESSES section). regulatory action. This rule will not and recovery; (2) exemptions for In promulgating a final regulation on have an annual economic impact of ongoing agricultural practices and the this species, we will take into more than $100 million, or significantly exercise of existing water rights would consideration the comments and affect any economic sector, provide a positive incentive for additional information we receive. Such productivity, jobs, the environment, or agricultural interests to participate in communications may lead to a final other units of government. This rule voluntary conservation activities and regulation that differs from this reduces the regulatory burden of the advance our understanding of species proposal. listing of the Preble’s meadow jumping biology and ecology; (3) exemptions for mouse under the Act as a threatened Public Hearing noxious weed control would facilitate species by continuing certain maintaining desirable natural vegetation The Act provides for a public hearing exemptions to the section 9 take on which the Preble’s depends for on this proposal, if requested. Requests prohibitions that would otherwise apply survival; and (4) exemptions for ditch must be filed by the date specified in throughout the Preble’s range. However, maintenance would help assure that the DATES section above. Such requests OMA has determined that this proposed currently existing Preble’s habitat along must be made in writing and addressed rule raises novel legal or policy issues. ditches remains functionally viable. to the Field Supervisor (see ADDRESSES Preble’s habitat, which overlaps section). farming and ranching businesses, Provisions of the Rule Required Determinations primarily affects four southeast The special rule for the Preble’s Wyoming counties: (1) Converse; (2) meadow jumping mouse found at 50 We prepared a Record of Compliance Laramie; (3) Platte; and (4) Albany. This CFR 17.40(l) will expire on May 22, for the May 22, 2001, final rule that four-county area contains 1,739 farms 2004. We wish to extend the amended exempted the four activities of rodent and ranches covering 8.9 million acres. rule permanently to continue the control, ongoing agricultural activities, The average size of an agricultural benefits it provides. We recognize that landscaping, and ongoing use of existing operation is about 5,100 acres, although additional information on the Preble’s water rights from the take prohibitions individual operations vary greatly in will become available in forthcoming listed in section 9 of the Act. A Record size. The total marketing value of years. We will evaluate this information of Compliance certifies that a livestock and crops, measured as cash regarding possible impacts from rulemaking action complies with the receipts, is about $182.5 million. exempted activities to determine various statutory, Executive Order, and As previously discussed, the Service whether any changes, up to and Department Manual requirements has adopted special regulations including discontinuance, should be applicable to rulemaking. Amendment pursuant to section 4(d) of the Act for made to the special rule. of the May 22, 2001, rule to include the Preble’s, and these regulations are Additionally, we are making a two additional exemptions (noxious currently set to expire on May 22, 2004. correction to the entry for the Preble’s weed control and ditch maintenance Specifically, these regulations provide meadow jumping mouse on the List of activities) did not add any significant exemption from take provisions under Endangered and Threatened Wildlife in elements to this Record of Compliance. section 9 for certain activities related to 50 CFR 17.11(h). When the special rule Permanent extension of the amended rodent control, ongoing agricultural for the Preble’s was added to 50 CFR special rule also does not add any activities, landscape maintenance, 17.40(l) on May 22, 2001 (66 FR 28125), significant elements to this Record of perfected water rights, certain noxious we failed to amend the table in 50 CFR Compliance. weed control, and ditch maintenance 17.11(h) to reflect the existence of the Without this extension, activities activities. Should this regulation expire, new special rule. We are, therefore, included in the special rule, as such activities could result in the making the correction to the table in 50 amended, would no longer be exempted incidental take of Preble’s, which is CFR 17.11(h) in this rulemaking action. from the take prohibitions. This prohibited under section 9 of the Act. proposed rule would continue the However, section 10 of the Act does Public Comments Solicited exemptions and allow landowners to allow landowners to obtain a permit to We intend that any final action engage in certain activities, as identified conduct otherwise lawful activities that resulting from this proposal will be as in the rule, that may result in take of may result in incidental take of a listed accurate and as effective as possible. Preble’s. Without this extension, anyone species. The incidental take permit Therefore, we solicit comments or engaging in those activities would need requires the applicant to prepare, and suggestions from the public, other to seek an authorization from us through the Service approve, a habitat concerned governmental agencies, the an incidental take permit under section conservation plan (HCP). The HCP may scientific community, industry, or any 10(a)(1)(b) or an incidental take include certain restrictions to other interested party concerning this statement under section 7(a)(2) of the agricultural activities to minimize proposed rule. Our practice is to make Act. This process takes time and can incidental take of Preble’s. comments, including names and home involve an economic cost. This rule The types of restrictions the Service addresses of respondents, available for allows these landowners to avoid the might impose on agricultural activities public review during regular business costs associated with abstaining from to minimize take are expected to vary hours. In some circumstances, we will conducting any such activities that may significantly from one application to withhold a respondent’s identity from result in take, modifying these activities another, depending on the specific the rulemaking record, as allowable by to prevent take from occurring, or situation. However, Service guidelines law. If you wish for us to withhold your seeking an incidental take permit from call for mitigating the take of Preble’s to name or address, you must state this us. the maximum extent practicable. request prominently at the beginning of Examples of mitigation conditions your comment. We will not consider Regulatory Planning and Review include fencing, planting willows, or anonymous comments. We will make all In accordance with the criteria in other measures intended to create a submissions from organizations or Executive Order 12866, the Office of buffer zone along waterways in riparian

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areas. The Service may also impose take, or submit to the Service an that this proposed rule raises novel legal restrictions on the methods or timing of application for an incidental take or policy issues. Therefore, in activities associated with irrigation permit, including an HCP. As with accordance with E.O. 12866, OMB has ditch maintenance. irrigation canal and ditch maintenance reviewed this proposed rule. The primary economic impacts to activities, landowners could expect Regulatory Flexibility Act landowners associated with some restrictions or conditions on enforcement of the Act, should this 4(d) haying and grazing activities as We have determined that this rule expire, are the costs of preparing mitigation for the incidental take of proposed rule will not have a significant HCPs for the Preble’s and the costs Preble’s. economic effect on a substantial number associated with any activity restrictions The types of restrictions or conditions of small entities as defined under the imposed by the Service to minimize would vary depending upon the Regulatory Flexibility Act (5 U.S.C. 601 take of the Preble’s. These impacts situation. In situations where riparian et seq.). An initial regulatory flexibility would potentially affect agricultural areas have been degraded by intensive analysis is not required, and a Small operations in southeast Wyoming. The grazing activity, mitigation measures for Entity Compliance Guide is not primary land use activities likely to be an incidental take permit may include required. This rule reduces the impacted by sections 9 and 10 of the Act restrictions on the number of animal regulatory burden of the listing of the are haying and grazing, and irrigation unit months or AUM’s (an AUM is the Preble’s as a threatened species. ditch maintenance. A short discussion amount of forage needed to sustain one Without an extension of the amended follows of the impacts farmers and cow and her calf, one horse, or five special rule, all of the take prohibitions ranchers could incur should this sheep or goats for a month) within listed in section 9 of the Act would regulation lapse. riparian areas, the construction of apply throughout the range of the fencing with water gaps to keep herds Irrigation Canal and Ditch Maintenance Preble’s. This rule allows certain out of riparian areas, and planting Activities affected landowners to continue to willows along stream banks. In engage in certain activities that may The three commonly used methods of situations where riparian areas are not result in take of Preble’s, and to avoid ditch maintenance are burning, flushing degraded, mitigation measures may be the costs associated with abstaining (flowing water through a ditch to clear minimal. The economic impacts of from conducting these activities to blockages), and dipping (mechanically sections 9 and 10 of the Act on haying avoid take of Preble’s or seeking clearing blockages). Of these three and grazing activities should this incidental take permits from us. options, the most cost effective is regulation expire can thus be expected As previously discussed, this burning, which may also be the most to vary widely from landowner to rulemaking will primarily affect farm likely to result in incidental take of landowner. and ranch operations within four Preble’s. Because of this, some By permanently extending this 4(d) counties in southeastern Wyoming. landowners are concerned that the rule, farm and ranch operators will Although the precise numbers of burning will be prohibited, or severely avoid future costs associated with affected operations are not known, the restricted, after the expiration of the ensuring that their otherwise legal total number of farms and ranches in the special rule. This would have activities avoid incidentally taking area is estimated to be 1,739. The 2002 significant impacts on their irrigation Preble’s. Consequently, the economic total cash receipts for these operations activities. effect of the rule benefits landowners Although irrigation ditch and the economy. This effect does not were approximately $182.5 million, maintenance is not a major cost item for rise to the level of ‘‘significant’’ under which represents about 25 percent of most individual agriculture producers Executive Order 12866. the State total. Based on the State ratio under current conditions, restrictions on This rule should not create of net farm income to animal and crop the burning of ditches could force some inconsistencies with other Federal cash receipts (12 percent), the estimated producers to acquire new mechanical agencies’ actions. Other Federal average net farm income in this area cleaning equipment or hire the use of agencies are mostly unaffected by this would be $21,900. such equipment on a custom basis. Both proposed rule. The Office of Advocacy for the Small of these options would increase a This rule should not materially affect Business Administration defines small producer’s costs. entitlements, grants, user fees, loan entities in the farm and ranch sector as An example of the potential impacts programs, or the rights and obligations those each having less than $750,000 in to irrigation canal and ditch of their recipients. Because this annual receipts. This qualifies most of maintenance is illustrated using proposed rule would allow landowners the farms and ranches in the area as estimates developed by the Wheatland to continue otherwise prohibited small businesses, according to data Irrigation District (WID). WID estimates activities without first obtaining published in 1998 by the U.S. that its annual irrigation ditch individual authorization, the proposed Department of Agriculture. maintenance costs would increase by rule’s impacts on affected landowners is The permanent extension of the 4(d) approximately 250 percent if burning is positive. rule will allow these small entities to reduced by 50 percent. If all burning We have previously promulgated avoid incurring costs associated with were prohibited, irrigation ditch section 4(d) special rules for this and the development of an HCP and the maintenance costs could increase by other species, including the amended administrative costs that would reflect approximately 400 percent annually. special rule for the Preble’s pertaining to the effort to obtain an incidental take rodent control, ongoing agricultural permit. Administrative costs alone Haying and Grazing Activities activities, landscaping, existing uses of could cost between $3,000 and $4,000, Haying and grazing activities would water, noxious weed control, and according to a recent economic analysis also be subject to sections 9 and 10 of ongoing ditch maintenance activities. conducted by the Service as part of the the Act to minimize take of the Preble’s. This rule simply proposes to critical habitat designation for the To avoid violating this provision, permanently extend the effective period Preble’s. Depending on how such costs landowners would have to either cease of the amended special rule for the are expensed, the cost to obtain a permit activities that might result in incidental Preble’s. However, OMB has determined could be relatively significant.

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This rulemaking avoids such impacts in take of Preble’s without first a short life span, and the types of by providing an exemption from the obtaining individual authorization. activities allowed under the special rule take provisions under section 9 for are not related to any particular Federalism certain activities related to rodent timeframe. Therefore, no modification control, ongoing agricultural activities, In accordance with Executive Order of the Environmental Assessment is landscape maintenance, perfected water 13132, this rule does not have sufficient needed. rights, certain noxious weed control, federalism implications to warrant the Government-to-Government and ditch maintenance activities. preparation of a federalism assessment. Relationship With Tribes Consequently, we are certifying that this Currently, the State of Colorado, the rulemaking will not have a significant Service, and various local governmental In accordance with the President’s economic effect on a substantial number entities in Colorado and Wyoming are memorandum of April 29, 1994, of small entities. working together to develop plans to ‘‘Government-to-Government Relations conserve the Preble’s and its habitat. With Native American Tribal Small Business Regulatory Enforcement This collaborative approach is expected Governments’’ (59 FR 22951) and Fairness Act to result in the development of HCPs Executive Order 13175, we have This proposed rule is not a major rule that should support a lasting, effective, evaluated possible effects on federally under 5 U.S.C. 804(2), the Small and efficient conservation program for recognized Indian Tribes. We have Business Regulatory Enforcement the Preble’s. To support such efforts, we determined that, because no Indian trust Fairness Act. This rule will not have an wish to permanently extend the special resources occur within the range of the annual effect on the economy of $100 rule. The current amended special rule Preble’s, this rule has no effects on million or more; will not cause a major would otherwise expire on May 22, federally recognized Indian Tribes. increase in costs or prices for 2004. consumers, individual industries, Executive Order 13211 Civil Justice Reform Federal, State, or local government We have evaluated this rule in agencies, or geographic regions; and will In accordance with Executive Order accordance with Executive Order 13211 not have significant adverse effects on 12988, the Office of the Solicitor has and have determined that this rule has competition, employment, investment, determined that this rule does not no effects on energy supply, productivity, innovation, or the ability unduly burden the judicial system and distribution, or use. Therefore, this of United States-based enterprises to meets the requirements of sections 3(a) action is not a significant energy action, compete with foreign-based enterprises. and 3(b)(2) of the Executive Order. and no Statement of Energy Effects is As described above, this proposed rule Paperwork Reduction Act required. would continue to reduce regulatory burdens on affected entities, who are We have examined this rule under the List of Subjects in 50 CFR Part 17 mostly agricultural producers. Paperwork Reduction Act of 1995 and Endangered and threatened species, found it to contain no requests for Exports, Imports, Reporting and Unfunded Mandates Reform Act information. An agency may not recordkeeping requirements, In accordance with the Unfunded conduct or sponsor, and a person is not Transportation. Mandates Reform Act (2 U.S.C. 1501 et required to respond to, a collection of seq.), this rule will not impose an information unless it displays a Regulation Promulgation unfunded mandate on State, local, or currently valid Office of Management Accordingly, the Service proposes to tribal governments, or the private sector, and Budget control number. amend 50 CFR part 17, as set forth of more than $100 million per year. This National Environmental Policy Act below: rule will not have a significant or unique effect on State, local, or tribal The National Environmental Policy PART 17—[AMENDED] governments, or the private sector. A Act analysis has been conducted. An Small Government Agency Plan is not Environmental Assessment was 1. The authority citation for part 17 required. prepared for the May 22, 2001, final continues to read as follows: special rule, and for the additional Authority: 16 U.S.C. 1361–1407; 16 U.S.C. Takings exemptions covered in the amended 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– In accordance with Executive Order rule. The extension of the October 1, 625, 100 Stat. 3500; unless otherwise noted. 12630, this rule does not have 2002, amended special rule does not 2. Section 17.11(h) is amended by significant takings implications. By alter the analyses made in the revising the entry for Preble’s meadow continuing reductions in the regulatory Environmental Assessment. The jumping mouse, under ‘‘Mammals,’’ on burden placed on affected landowners Environmental Assessment discussed the List of Endangered and Threatened resulting from the listing of the Preble’s impacts to the mouse that are not Wildlife to read as follows: as a threatened species, this rule specific to any time period, that is, they reduces the likelihood of potential apply equally to both the short term and § 17.11 Endangered and threatened takings. Affected landowners will the long term. This is due to the fact that wildlife. continue to have more freedom to any possible take from year to year is * * * * * pursue certain activities that may result not cumulative, because the species has (h) * * *

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Species Vertebrate population where Critical Special Historic range endangered or Status When listed habitat rules Common name Scientific name threatened

MAMMALS

******* Mouse, Preble’s Zapus hudsonius U.S.A. (CO, WY) ...... do ...... T 636 17.95(a) 17.40(l) meadow jumping. preblei.

*******

§ 17.40 [Amended] per DAS for limited access Category A annual index targets are based on 10 3. Amend paragraph (l) of § 17.40 by and C vessels, and 450 lb (204 kg) tail equal increments between the 1999 removing paragraph (l)(4) and weight per DAS for limited access biomass index (the start of the redesignating paragraph (l)(5) as Category B and D vessels, and would rebuilding program) and the biomass paragraph (l)(4). also restrict the FY 2004 DAS available target (Btarget), which is to be achieved for monkfish limited access vessels Dated: January 21, 2004. by 2009 according to the rebuilding plan fishing in the SFMA to 28 DAS. established in the FMP. According to Julie MacDonald, DATES: Comments must be received on this target TAC setting method, annual Acting Assistant Secretary for Fish and or before March 10, 2004. target TACs are set based on the ratio of Wildlife and Parks. ADDRESSES: the observed biomass index to the [FR Doc. 04–4025 Filed 2–19–04; 4:21 pm] Comments on the proposed rule should be sent to Patricia A. annual index target applied to the BILLING CODE 4310–55–P Kurkul, Regional Administrator (RA), monkfish landings for the previous Northeast Region, NMFS, One fishing year. Blackburn Drive, Gloucester, MA In accordance with the annual target DEPARTMENT OF COMMERCE 01930–2298. Mark the outside of the TAC setting procedures established in envelope ‘‘Comments on 2004 Monkfish Framework 2, and implemented in the National Oceanic and Atmospheric TACs.’’ Comments may also be regulations at 50 CFR 648.96(b)(1), the Administration submitted via facsimile (fax) to 978– Monkfish Monitoring Committee 281–9135. Comments may also be (MFMC) reviewed the NMFS fall trawl 50 CFR Part 648 submitted via e-mail to the following survey biomass indices and monkfish [Docket No.; I.D. 020604B] address: [email protected]. landings for FY 2002, and calculated the Copies of the Regulatory Impact target TACs for FY 2004. Based on this RIN 0648–AR89 Review (RIR) and Initial Regulatory information, the 2004 target TACs Flexibility Analysis (IRFA) prepared for Fisheries of the Northeastern United would be set at 16,698 mt for the this action are available upon request States; Monkfish Fishery NFMA, and 6,772 mt for the SFMA. For from the RA at the above address. the NFMA, the 3–year average biomass AGENCY: National Marine Fisheries Copies of the Environmental index of 2.03 kg/tow is 36 percent above Service (NMFS), National Oceanic and Assessment (EA) prepared for the annual index target of 1.49 kg/tow Atmospheric Administration (NOAA), Framework Adjustment 2 to the FMP for 2003. The target TAC setting Commerce. are available upon request from Paul procedures established in Framework 2 ACTION: Proposed rule; request for Howard, Executive Director, New state that, if the 3–year average biomass comments. England Fishery Management Council index is above the index target, the (NEFMC), 50 Water Street, target TAC shall be set equivalent to the SUMMARY: NMFS proposes to establish Newburyport, MA 01950. previous year’s landings plus one-half target total allowable catch (TAC) levels FOR FURTHER INFORMATION CONTACT: the percentage difference between the for the monkfish fishery for the 2004 Allison Ferreira, Fishery Policy Analyst, 3–year average biomass index and the fishing year (FY), and adjust trip limits (978) 281–9103, fax (978) 281–9135, e- annual index target, but no more than and days-at-sea (DAS) for limited access mail [email protected]. 20 percent above the previous year’s monkfish vessels fishing in the SUPPLEMENTARY INFORMATION: landings, if fishing mortality cannot be Southern Fishery Management Area determined. Consequently, the target (SFMA) based upon the target TAC Background TAC of 16,968 mt that is being setting, and trip limit and DAS The monkfish fishery is jointly recommended for the NFMA is 18 adjustment methods established in managed by the NEFMC and the Mid- percent above the monkfish landings for Framework Adjustment 2 (Framework Atlantic Fishery Management Council FY 2002, which is one-half of the 36– 2) to the Monkfish Fishery Management (MAFMC), with the NEFMC having the percent difference between the 3–year Plan (FMP). The target TACs for FY administrative lead. Framework biomass index and the annual index 2004, based upon the target TAC setting Adjustment 2, which became effective target for 2003. This target TAC method, would be 16,968 mt for the on May 1, 2003 (68 FR 22325; April 28, represents a 4–percent decrease from Northern Fishery Management Area 2003), implemented a target TAC setting the target TAC for FY 2003. Although (NFMA), and 6,772 mt for the SFMA. In method that is based upon the the proposed 2004 target TAC for the accordance with the trip limit and DAS relationship between the 3–year running NFMA is a decrease from the target TAC adjustment methods established in average of the NMFS fall trawl survey for FY 2003, it is a substantial increase Framework 2, this action would adjust biomass index (3–year average biomass from the target TAC for FY 2002, which the trip limits for vessels fishing in the index) and established annual biomass was 11,674 mt. Furthermore, regulations SFMA to be 550 lb (250 kg) tail weight index targets (annual index target). The currently in place for the Northeast (NE)

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multispecies fishery have reduced NE authorized to fish a maximum of 27 guidelines). A description of the action, multispecies DAS allocations, which DAS in the SFMA, and limited access why it is being considered, and the legal directly impacts the ability of limited Category B and D vessels should be basis for this action are contained at the access monkfish vessels to fish in the authorized to fish a maximum of 29 beginning of this section in the NFMA. In fact, monkfish landings for DAS in the SFMA. Because the preamble and in the SUMMARY. A May through August 2003 were 21 calculated maximum DAS are similar summary of the analysis follows: percent of the target 2003 TAC for the for each limited access category group, The annual target TAC setting method NFMA. Additional reductions in NE NMFS is recommending that all limited established in Framework 2 is based on multispecies DAS allocations are access vessels fishing in the SFMA be a formula that integrates an annual expected beginning May 1, 2004, under authorized to fish a maximum of 28 biomass index target with the 3–year Amendment 13 to the NE Multispecies DAS for the 2004 fishing year, the running average of the NOAA Fisheries FMP. Under existing management average maximum DAS for the two fall trawl survey and the monkfish measures (40 DAS and no trip limit), it limited access groups. Thus, under this landings for the previous fishing year. is unlikely that vessels in the NFMA proposed rule, all limited access vessels Therefore, the target TACs resulting would exceed the proposed 2004 target would have a total allocation of 40 from the application of this method are TAC for this area. Therefore, this action monkfish DAS, of which only 28 DAS non-negotiable. As a result, there are no does not propose any adjustments in could be fished in the SFMA. alternatives to the proposed action to DAS or implementation of a trip limit NMFS intends to monitor DAS usage establish target TACs of 16,968 mt for for the NFMA since such changes are by management area based on whether the NFMA and 6,772 for the SFMA. unnecessary in order to achieve the a vessel holds a valid Letter of Furthermore, Framework 2 also proposed target TAC for FY 2004. Authorization (LOA) to fish for established an formulaic method for For the SFMA, the 3–year average monkfish exclusively in the NFMA. adjusting trip limits and DAS for the biomass index of 0.93 kg/tow is 8.9 Under the monkfish regulations at SFMA that is based on the distribution percent below the annual index target of § 648.93(f), vessels fishing on a of monkfish landings and DAS used by 1.02 kg/tow. The regulations at monkfish, NE multispecies, or scallop limited access vessels. Thus, there are § 648(b)(1)(i)(A) require that, in this DAS under the less restrictive measures no alternatives to the proposed trip circumstance, the 2004 TAC for the of the NFMA, must declare into the limits of 550 lb per DAS for limited SFMA be set proportionally below the NFMA by obtaining a LOA from the access Category A and C vessels, and previous year’s (FY 2002) landings. This Regional Administrator. A vessel that 450 lb per DAS for limited access results in a target TAC of 6,772 mt for does not possess this LOA is presumed Category B and D vessels, and the the SFMA. Unlike the NFMA, the to have fished in the SFMA. calculated DAS limitation of 28 DAS proposed decrease in target TAC for the The EA for Framework 2 contained a available to limited access vessels for SFMA would require both a reduction complete analysis of the target TAC fishing the SFMA. in the trip limits and a reduction in the setting method being utilized in this The only other option for establishing monkfish DAS available for limited action to established target TACs, trip 2004 target TACs would be to forgo access vessels fishing in the SFMA. limits and DAS for FY 2004. In addition, using the target TAC setting method Framework 2 included a provision that the EA contained an analysis of the established in Framework 2, and states, if the target TAC for the SFMA impacts of a range of potential target establish target TACs based on current is below a target TAC that would result TACs for FY 2004. This action updates fishing mortality (F) in relation to the in trip limits below 550 lb (250 kg) tail the previous Finding of No Significant fishing mortality threshold (Fthreshold). weight per DAS for Category A and C Impact (FONSI) statement contained in This option is not reasonable since vessels, and 450 lb (204 kg) tail weight the EA for Framework 2, and signed on current estimates of F are too imprecise per DAS for Category B and D vessels April 21, 2003, with a new FONSI that to set target TACs and make a status (approximately 8,000 mt), then the trip references updated information on the determination regarding overfishing. For limits would be fixed at those levels and monkfish fishery, including the target these reasons, this option (the status quo the DAS available for vessels fishing in TACs, trip limits and DAS being alternative) was rejected by the Councils the SFMA would be reduced based proposed for FY 2004. The updated in the development of Framework 2. upon an established method, defined in FONSI states that this action does not The combined TAC for both monkfish the regulations at § 648.96(b)(2)(iii). change the circumstances under which management areas would be reduced by This provision was included to address the previous EA was prepared, and that approximately 15 percent compared to the concern that, if the target TAC all of the information and analysis fishing year 2003. However, the TAC for dropped below the 8,000–mt level, contained in the EA for Framework 2 the SFMA would be reduced by nearly which is approximately the same target are applicable to this action. 34 percent. Monkfish trip limits in the TAC established for FY 2002, the Furthermore, the updated FONSI states SFMA would also be reduced by more resulting trip limits would be that this action does not change the than half, and allowable DAS that may comparable to the incidental catch determinations made in the EA for be fished in the SFMA would be limits on some vessels, essentially Framework 2. reduced by 28 percent. Thus, the eliminating the directed monkfish proposed action would affect only fishery. Thus, an annual target TAC of Classification limited access monkfish vessels that fish less than 8,000 mt would result in trip This proposed rule has been in the SMFA. There are approximately limits that are not economically feasible determined to be not significant for 740 limited access monkfish permit for vessels participating in the directed purposes of E.O. 12866. holders, including vessels in a monkfish fishery. NMFS has prepared an IRFA that confirmation of permit history. Based on A DAS analysis conducted in describes the economic impact this activity reports for the FY 2002 (the accordance with the monkfish proposed rule, if adopted, would have most recent fishing year for which regulations at§ 648.96(b)(2)(iii) on small entities. The IRFA prepared for information is available), there were a concluded that, under a target TAC of this action follows NMFS’s ‘‘Guidelines total of 532 limited access permit 6,772 mt for the SFMA, limited access for Economic Analysis of Fishery holders that participated in the Category A and C vessels should be Management Actions’’ (NMFS’s monkfish fishery. Of these, 148 vessels

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fished for monkfish exclusively in the vessels with a strong fidelity to the Dated: February 17, 2004. SFMA, and 242 vessels fished for SFMA would be affected by both the Rebecca Lent, monkfish in both management areas. trip limit change and could be Deputy Assistant Administrator for Therefore, the proposed measures could constrained by the DAS. Regulatory Programs, National Marine effect at least 390 limited access Fisheries Service. To account for the reduction of DAS monkfish vessels, but would likely have For the reasons set out in the that may be used in the SFMA the the greatest affect on the 148 vessels that preamble, 50 CFR part 648 is proposed fished for monkfish exclusively in the average reduction in DAS used by to be amended as follows: SFMA. vessels that fished exclusively in the In Framework 2, the potential SFMA was estimated. Based on call-in PART 648—FISHERIES OF THE economic impacts of a range of potential records, approximately 60 percent of NORTHEASTERN UNITED STATES vessels that landed monkfish FY2004 trip limits were evaluated, 1. The authority citation for part 648 where all potential impacts were exclusively from the SFMA took no continues to read as follows: evaluated relative to a FY2002 baseline. monkfish-only trips. Of the remaining Relative to this baseline, the FY2004 40 percent of vessels that did take at Authority: 16 U.S.C. 1801 et seq. 2. In § 648.92, paragraph (b)(1) is TAC for the SFMA would represent a least one monkfish-only trip the average revised to read as follows: 22–percent reduction in median vessel difference between the observed call-in gross revenues when, in fact, the SFMA DAS and the proposed allowable DAS § 648.92 Effort-control program for TAC would decline by 34 percent. in the SFMA was 5.5 DAS. This means monkfish limited access vessels. However, the Framework 2 analysis did that the average vessel fishing for * * * * * not include the potential additional monkfish in the SFMA would lose 5.5 (b) * * * impacts of a DAS reduction at TAC days of fishing over and above the losses (1) Limited access monkfish permit levels below 8,000 mt. As a result, associated with the reduced trip limits. holders.—(i) General provisions. All further analysis was conducted to To account for these DAS losses, the limited access monkfish permit holders evaluate the short-term impacts of the average return on monkfish DAS was shall be allocated 40 monkfish DAS TAC reduction from FY2003 to FY2004, each fishing year to be used in multiplied by 5.5 and deducted from the while incorporating the proposed trip accordance with the restrictions of this total net return for the year. That is, limits and DAS limits in the SFMA. paragraph (b), unless modified by The analysis indicates that, based on total net return to each vessel, as well paragraph (b)(1)(ii) of this section a trip limit model, the per trip average as net crew payments, were summed for according to the provisions specified at return on monkfish trips would be all trips (adjusted for trip limits). For § 648.96(b)(3). Limited access reduced by 25 percent. This means that, vessels fishing for monkfish exclusively multispecies and limited access scallop on average, a monkfish trip taken in the in the SFMA, total net return was permit holders who also possess a valid SFMA would produce 25 percent less further reduced by the lost value limited access monkfish permit must income toward fixed costs, debt, and associated with the reduced DAS use a multispecies or scallop DAS owner profit under the proposed allowance. concurrently with their monkfish DAS, FY2004 trip limits. Similarly, net pay The average impact on vessels that except as provided in paragraph (b)(2) of per crew member would be reduced by fish in both areas was estimated to be this section. an average of 22 percent. In terms of less than a 1–percent reduction in net (ii) FY 2004 DAS restrictions for impacts by state, vessels from Delaware pay to crew or net return to the vessel. vessels fishing in the SFMA. For the and New Hampshire would be most 2004 fishing year, limited access impacted, experiencing reductions in This low level of impact suggests that vessels that can fish in both monkfish vessels may fish only 28 of average vessel returns of 33 percent and their 40 monkfish DAS allocation in the management areas predominantly fished 29 percent, respectively. Vessels from SFMA. If a vessel does not possess a in the NFMA, at least during FY 2002. Massachusetts and Rhode Island would valid letter of authorization from the experience similar reductions in average The average impact on vessels that fish Regional Administrator to fish in the vessel returns, approximately 28 exclusively in the SFMA was about an NFMA as described in § 648.94(f), percent. New York vessels would be 18–percent reduction in returns to the NMFS will presume that any monkfish least impacted, experiencing losses in vessel owner, and a 22–percent DAS used was fished in the SFMA. average vessel returns of approximately reduction in net pay to crew. Average * * * * * 13 percent. impacts by state exhibit substantial 3. In § 648.94, paragraph (b)(2) (i) and Since no changes to either trip limits variability from no impact on vessels (ii) are revised to read as follows: or DAS would be implemented for the from North Carolina, to a reduction in NFMA, vessels that fished exclusively average vessel net return of 27 percent § 648.94 Monkfish possession and landing in the NFMA would not be affected by for vessels in Massachusetts and New restrictions. the proposed measures. Vessels that Jersey. * * * * * fished in both management areas were (b) * * * assumed to be affected by the SFMA trip This proposed rule does not (2) * * * limits while they fished in the SFMA, duplicate, overlap or conflict with other (i) Category A and C vessels. Category but would not lose any opportunities to Federal rules, and does not contain new A and C vessels fishing under the fish monkfish, since they would be reporting or recordkeeping monkfish DAS program in the SFMA likely to switch to the NFMA once the requirements. may land up to 550 lb (250 kg) tail- limit on DAS in the SFMA was reached. A copy of this analysis is available weight or 1,826 lb (828 kg) whole However, while vessels that fished from NMFS (see ADDRESSES). weight of monkfish per monkfish DAS exclusively in the SFMA would still be (or any prorated combination of tail- able to switch to the NFMA, by virtue List of Subjects in 50 CFR Part 648 weight and whole weight based on the of a strong fidelity to the SFMA, it was conversion factor for tail-weight to assumed that they would not be likely Fisheries, Fishing, Reporting and whole weight of 3.32), unless modified to do so. This assumption means that recordkeeping requirements. pursuant to § 648.96(b)(2)(ii).

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(ii) Category B and D vessels. Category in compliance with environmental the habitat for all species managed by B and D vessels fishing under the documentation requirements. the Council. This habitat is termed EFH, monkfish DAS program in the SFMA DATES: The Council will discuss and and is broadly defined to include ‘‘those may land up to 450 lb (204 kg) tail- take scoping comments at public waters and substrate necessary to fish weight or 1,494 lb (678 kg) whole meetings in March 2004. For specific for spawning, breeding, feeding, or weight of monkfish per monkfish DAS dates and times of the scoping meetings, growth to maturity.’’ (or any prorated combination of tail- see SUPPLEMENTARY INFORMATION. E-mail The Council’s Omnibus EFH weight and whole weight based on the and written scoping comments must be Amendment of 1998 recognized that all conversion factor for tail-weight to received on or before 5 pm EST, April species are dependent on the quantity whole weight of 3.32), unless modified 30, 2004. and quality of their habitat and, pursuant to § 648.96(b)(2)(ii). ADDRESSES: The Council will take accordingly, the Council approved a * * * * * scoping comments at public meetings in policy to promote and encourage the [FR Doc. 04–3852 Filed 2–23–04; 8:45 am] Maine, Massachusetts, Connecticut and conservation, restoration, and enhancement of the habitat upon which BILLING CODE 3510–22–S North Carolina. For specific locations, see SUPPLEMENTARY INFORMATION. The living marine resources depend. This mailing address for submitting paper, policy is supported by four policy DEPARTMENT OF COMMERCE disk, or CD-ROM comments and for objectives, which are to: requests for copies of the scoping 1. Maintain and enhance the current National Oceanic and Atmospheric document and other information is: Paul quantity and quality of habitats Administration J. Howard, Executive Director, New supporting harvested species, including England Fishery Management Council, their prey base; 50 CFR Part 648 50 Water Street, Mill 2, Newburyport, 2. Restore and rehabilitate fish MA 01950, telephone (978) 465–0492. habitats that have already been [I.D. 021104B] Written comments should be marked degraded; ‘‘Comments on Omnibus EFH 3. Create and develop fish habitats Fisheries of the Northeastern United Amendment’’. Comments may also be where increased availability of fishery States; Essential Fish Habitat (EFH) sent via facsimile (fax) to (978) 465– resources will benefit society; and Components of Fishery Management 3116. Comments on this notice of intent 4. Modify fishing methods and create Plans (FMPs) for Northeast may be submitted by e-mail. The incentives to reduce the impacts on Multispecies, Atlantic Sea Scallop, mailbox address for providing e-mail habitat associated with fishing. Monkfish, Herring, Skates, Atlantic comments is [email protected]. For These objectives are based on Salmon and Red Crab Fisheries 5–year e-mail comments ‘‘Comments on ensuring the sustainability of harvested Review; Scoping Process Omnibus EFH Amendment’’ should be species and optimizing the societal benefits of our marine resources. The AGENCY: National Marine Fisheries used in the subject line. The scoping document is accessible electronically Council assumed an active role in the Service (NMFS), National Oceanic and protection and enhancement of habitats Atmospheric Administration (NOAA), via the Internet at http:// www.nefmc.org. important to marine and anadromous Commerce. fish. In support of the Council’s habitat ACTION: Notice of intent to prepare a FOR FURTHER INFORMATION CONTACT: Paul policy, the management objectives of programmatic Environmental Impact J. Howard, Executive Director, New the Omnibus EFH Amendment of 1998 Statement (EIS); notice of initiation of England Fishery Management Council were: scoping process; request for comments. (978) 465–0492. 1. To the maximum extent possible, to SUPPLEMENTARY INFORMATION: identify and describe all EFH for those SUMMARY: The New England Fishery Background species of finfish and mollusks managed Management Council (Council) in by the Council; cooperation with NMFS announces its The Fishery Conservation and 2. To identify all major threats intent to prepare a programmatic EIS Management Act of 1976, since renamed (fishing and non-fishing related) to the and Omnibus Amendments to the FMPs the Magnuson-Stevens Fishery EFH of those species managed by the for Northeast Multispecies, Atlantic Sea Conservation and Management Act Council; and Scallop, Monkfish, Herring, Skates, (Magnuson-Stevens Act), established 3. To identify existing and potential Atlantic Salmon and Red Crab. The eight Regional Fishery Management mechanisms to protect, conserve and Amendments (Omnibus) will review the Councils (Councils) that manage the enhance the EFH of those species EFH components of all the Council’s living marine resources within the U.S. managed by the Council, to the extent FMPs, identify and consider new Exclusive Economic Zone (between 3 practicable. Habitat Areas of Particular Concern and 200 nautical miles offshore) . The The purpose of the Omnibus EFH (HAPCs), consider Dedicated Habitat 18–member New England Fishery Amendment of 1998 was to identify and Research Areas (DHRA), integrate Management Council’s authority describe the EFH for all species alternatives to minimize any adverse extends from Maine to Connecticut and, managed by the Council to better effects of fishing on EFH for all species in some cases, to the Mid-Atlantic protect, conserve, and enhance this managed by the Council, and analyze because of the range of the managed habitat. This was done through the the impacts of any proposed species. The 1996 amendments to the following FMP amendments: Northeast management measures. The Council is Magnuson-Stevens Act, known as the Multispecies (Amendment 11), Atlantic also formally initiating a public process Sustainable Fisheries Act (SFA), Sea Scallops (Amendment 9), Atlantic to determine the scope of alternatives to changed the focus of the Magnuson- Salmon (Amendment 1), and Atlantic be addressed in the Omnibus and EIS. Stevens Act by emphasizing the Herring (added to FMP later). The 1998 The purpose of this notification is to importance of habitat protection to Omnibus EFH Amendment also alert the interested public of the healthy fisheries and by strengthening identified the major threats to EFH from commencement of the scoping process the ability of NMFS and the Councils to both fishing and non-fishing related and to provide for public participation better protect, conserve, and enhance activities, as well as conservation and

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enhancement measures. The Council information. The review of information the Council by developing a began implementation of the SFA’s EFH should include, but not be limited to, comprehensive EFH Management Plan. requirements based on guidance evaluating published scientific literature The Council will issue two Requests provided by NMFS on interpreting the and unpublished scientific reports; for Proposals (RFPs) soliciting mandate and timelines. Amendments to soliciting information from interested applications for HAPC and DHRA the FMPs managed by the Council were parties and searching for previously candidates at the appropriate time initiated in 1998 and combined in one unavailable or inaccessible data. during development of the Omnibus management action that was termed the Councils should report on their review Amendment. These RFPs will likely be ‘‘Habitat Omnibus Amendment of of EFH information as part of the annual issued approximately 9–12 months after 1998.’’ A Notice of Intent to prepare an Stock Assessment and Fishery scoping is initiated so that consideration EIS to implement the EFH requirements Evaluation (SAFE) report prepared of HAPC and DHRA proposals is based of the SFA and request for scoping was pursuant to § 600.315(e). A complete on current and revised EFH designation issued February 25, 1998 (63 FR 9500), review of all EFH information should be approaches. with comments due no later than March conducted as recommended by the 23, 1998. A public hearing document Secretary, but at least once every 5 Scoping Hearings was reviewed at hearings held in July years.≥ The Council will discuss and take 1998, and public comments were 2. To develop a comprehensive EFH scoping comments at public meetings as accepted until July 31, 1998. As a result Management Plan that will minimize follows: of the environmental review process, adverse effects of fishing on EFH to the Friday, March 5, 2004, at noon - the Council concluded that this action extent practicable, through actions that Samoset Resort, 220 Warrenton Street, would not have a significant effect on will apply to all Council-managed Rockport, ME 04846; telephone: (207) the human environment and, therefore, FMPs. 549–2511; fax: (207) 594–0722; an Environmental Assessment was Wednesday, March 10, 2004, at 7 p.m. prepared rather than an Environmental Issues Under Consideration - Whaling Museum, 18 Johnny Cake Impact Statement. The Council At this time, the Council is seeking Hill, New Bedford, MA 02740; approved the final EFH FMP comments on a wide range of telephone: (508) 997–0046; fax: (508) amendments in September 1998 and the management measures related to the 997–0018; Omnibus Amendment and analytical EFH component of its FMPs and will documents were submitted to NMFS on consider addressing a range of issues. Monday, March 15, 2004, at 7 p.m. - October 7, 1998. The Environmental (See § 600.815 for further details on the Stonington Office of Public Safety, 173 Assessment prepared for the Omnibus EFH-related mandatory contents of S. Broad St. (Route 1), Stonington, CT Amendment described the background, FMPs.) The measures under 06378; telephone: (860) 599–7510; fax: purpose, and need for the action, the consideration include, but are not (860) 599–7533; management action alternatives, and the limited to, the following: Tuesday, March 16, 2004, at 6:30 p.m. environmental, social, and economic 1. Review and update the description - Shell Island Suites, 2700 North impacts of the alternatives. This and identification of EFH; Lumina Avenue, Wrightsville Beach, NC environmental review process led 2. Review and develop analytical 28480; telephone: (910) 256–8696; fax: NMFS to conclude that a ‘‘Finding of No tools used to analyze alternatives to (910) 256–0154; Significant Impact’’ for the Omnibus minimize adverse effects of fishing on Tuesday, March 23, 2004, at 6 p.m. - Amendment was appropriate. The EFH to the extent practicable; Tavern on the Harbor, 30 Western Amendments to the FMPs were 3. Review and update the non- Avenue, Gloucester, MA 01930; approved by the Acting Assistant Magnuson-Stevens Act fishing activities telephone: (978) 283–4200; fax: (978) Administrator for Fisheries, acting on that may adversely affect EFH; 283–0204. behalf of the Secretary of Commerce, on 4. Review and update the non-fishing Special Accommodations March 3, 1999, and announced in the related activities that may adversely Federal Register on April 21, 1999 (64 affect EFH; These meetings are accessible to FR 19503). 5. Review and update the cumulative people with physical disabilities. impact analysis; Requests for sign language Purpose (Goals and Objectives) 6. Review and update the interpretation or other auxiliary aids The primary goals of this action are: conservation and enhancement should be directed to Paul J. Howard 1. To meet the requirements of NMFS’ recommendations; (see ADDRESSES) at least 5 days prior to guidelines for implementation of the 7. Review and update the prey species this meeting date. Magnuson-Stevens Act’s EFH. As stated information; Authority: 16 U.S.C. 1801 et seq. in 67 FR 2343 (01/17/02) and pertaining 8. Identify and consider new HAPCs; to § 600.815(a)(10): ‘‘Councils and 9. Review and update research and Dated: February 18, 2004. NMFS should periodically review the information needs including the Bruce C. Morehead, EFH provisions as warranted based on consideration of DHRAs; Acting Director, Office of Sustainable available information. FMPs should 10. Integrate alternatives to minimize Fisheries, National Marine Fisheries Service. outline the procedures the Council will any adverse effects of fishing on EFH [FR Doc. 04–4018 Filed 2–23–04; 8:45 am] follow to review and update EFH across all FMPs principally managed by BILLING CODE 3510–22–S

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Notices Federal Register Vol. 69, No. 36

Tuesday, February 24, 2004

This section of the FEDERAL REGISTER the collection of information unless it Standards Act). The regulations provide contains documents other than rules or displays a currently valid OMB control a mechanism to states to apply for and proposed rules that are applicable to the number. obtain matching funds grants from public. Notices of hearings and investigations, USDA. The grant funds help states Foreign Agricultural Service committee meetings, agency decisions and supplement administrative operating rulings, delegations of authority, filing of Title: ‘‘Certificate for Quota funds needed to administer their petitions and applications and agency Eligibility’’ (CQE) to Enter Sugar into statements of organization and functions are agricultural mediation programs. FSA examples of documents appearing in this the United States. will collection information by mail, section. OMB Control Number: 0551–0014. phone, fax, and in person. Summary of Collection: 5(a)(i) of the Need and Use of the Information: FSA Harmonized Tariff Schedule of the will collect information to determine DEPARTMENT OF AGRICULTURE United States authorizes the Secretary to whether the State meets the eligibility establish a raw-can sugar tariff-rate criteria to be recipients of grant funds, Submission for OMB Review; quota (TRQ). 5(b)(i) authorizes the U.S. and secondly, to determine if the grant Comment Request Trade Representative to allocate the is being administered as provided by the raw-cane sugar tariff-rate quota among February 19, 2004. Act. supplying countries. Certificates of Description of Respondents: State, The Department of Agriculture has Quota Eligibility (CQE) are issued to the Local or Tribal Government. submitted the following information 40 countries that receive TRQ Number of Respondents: 29. collection requirement(s) to OMB for allocations to export sugar to the United Frequency of Responses: review and clearance under the States. The CQE is completed by the Recordkeeping; Reporting: Annually. Paperwork Reduction Act of 1995, certifying authority in the foreign Total Burden Hours: 928. Public Law 104–13. Comments country that certifies that the sugar Farm Service Agency regarding (a) Whether the collection of being exported to the United States was information is necessary for the proper produced in the foreign country that has Title: Facsimile Signature performance of the functions of the the TRQ allocation. The Foreign Authorization and Verification. agency, including whether the Agriculture (FAS) will collection OMB Control Number: 0560–0203. information will have practical utility; information using form FSA–961. Summary of Collection: Individuals (b) the accuracy of the agency’s estimate Need and Use of the Information: FAS wishing to conduct business and of burden including the validity of the will collect the following information: provide certain signed documents to the methodology and assumptions used; (c) (1) Country of origin or area of the U.S. Department of Agriculture (USDA) ways to enhance the quality, utility and eligible raw can sugar; (2) quota period; Service Center agencies via facsimile clarity of the information to be (3) quality of raw can sugar to be machines must complete form FSA–237, collected; (d) ways to minimize the exported; (4) details of the shipment Facsimile Signature Authorization and burden of the collection of information (shipper, vessel, port of loading); and (5) Verification. The form serves as on those who are to respond, including additional details if available at the time evidence that the individual is willing through the use of appropriate of shipment (consignee, address of to conduct business and provide signed automated, electronic, mechanical, or consignee, expected date of departure, documents through facsimile machines. other technological collection expected date of arrival in the U.S., Each of the USDA service center techniques or other forms of information expected port of arrival). The agencies (Farm Service Agency, Natural technology should be addressed to: Desk information will help determine if the Resources Conservation Service, and Officer for Agriculture, Office of quantity to be imported is eligible to be Rural Development Agencies) will share Information and Regulatory Affairs, entered under the TRQ. the signature on the FSA–237 forms to Office of Management and Budget eliminate redundant collection of the _ _ _ Description of Respondents: Business (OMB), Pamela Beverly OIRA or other for-profit; Individuals or same data. [email protected] or fax households. Need and Use of the Information: FSA (202) 395—5806 and to Departmental Number of Respondents: 40. will collect the name, signature and Clearance Office, USDA, OCIO, Mail Frequency of Responses: Reporting: identification number from service Stop 7602, Washington, DC 20250– On occasion. center customers. The information 7602. Comments regarding these Total Burden Hours: 200. collected will be used to verify the information collections are best assured authenticity of signatures on documents Farm Service Agency of having their full effect if received provided to USDA service centers via within 30 days of this notification. Title: Certified Mediation Program. telefacsimile. Failure to collect and Copies of the submission(s) may be OMB Control Number: 0560–0165. maintain the original signature will obtained by calling (202) 7208681. Summary of Collection: The Farm limit USDA’s ability to offer the An agency may not conduct or Service Agency (FSA) has amended its telefacsimile alternative to its service sponsor a collection of information agricultural loan mediation regulations center customers. unless the collection of information to implement the requirements of the Description of Respondents: Farms; displays a currently valid OMB control Federal Crop Insurance Reform and Individuals or households. number and the agency informs Department of Agriculture Number of Respondents: 51,965. potential persons who are to respond to Reorganization Act of 1994 (the 1994 Frequency of Responses: Reporting: the collection of information that such Act) and the United States Grain Other (once). persons are not required to respond to Standards Act of 2000 (the Grain Total Burden Hours: 1,039.

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Farm Service Agency the National Agricultural Plant these items pose minimal risk of Title: Rate Quotation for Information System). APHIS will collect introducing plant pests into the United Transportation Services. information using PPQ Form 391 and States. Without the information, APHIS OMB Control Number: 0560–NEW. the information from the survey. would need to inspect each and every Need and Use of the Information: Summary of Collection: The shipment very thoroughly to ensure that APHIS will collect information to Commodity Credit Corporation (CCC) no pests were accompanying the predict potential pest situations and to through the Kansas City Commodity shipment. This would require promptly detect and respond to the Office (KCCO), solicits bids from considerable more inspection time, thus occurrence of new pests and to record approved Motor Carriers and Intermodal drastically slowing the clearance of the location of those pest incursions that Marketing Companies for the purpose of international shipments. could directly hinder the export of U.S. Description of Respondents: Farm; providing transportation of agricultural farm commodities. If the information Business or other for-profit. commodities. 49 U.S.C. 13712 were not collected, it would seriously Number of Respondents: 150. authorizes USDA to receive freight rate affect APHIS ability to timely assist Frequency of Responses: quotes from approved Motor Carriers farmers, State personnel, and others Recordkeeping; Reporting: On occasion. and Intermodal Marketing Companies involved in agriculture to plan pest Total Burden Hours: 3,200. that are compliant with USDA control measures, detect new outbreaks, requirements to haul agricultural Animal Plant and Health Inspection and to determine the threat posed by products for USDA. The Farm Service Service migratory pests. Agency (FSA) will collect information Description of Respondents: State, Title: Commercial Transportation of using form KC–5, Rate Quotation for Local or Tribal Government. Equines to Slaughter. Transportation Services. Number of Respondents: 155. OMB Control Number: 0579–0160. Need and Use of the Information: The Frequency of Responses: Reporting; Summary of Collection: Sections 901– information collected will be used by On occasion. 905 of the Federal Agriculture KCCO to: (1) Establish the lowest cost of Total Burden Hours: 3,969. Improvement and Reform Act of 1996 movement via Motor Carriers or authorize the Secretary of Agriculture to Intermodal Marketing Companies, (2) Animal and Plant Health Inspection issue guidelines for regulating the determine whether the transportation Service commercial transportation of horses to needs of USDA, FSA, and KCCO are Title: Importation of Fruits and slaughter by persons regularly engaged being met, and (3) ensure that Motor Vegetables. in that activity within the United States. Carriers and Intermodal Marketing OMB Control Number: 0579–0158. To fulfill this responsibility, the Animal Companies, providing transportation Summary of Collection: Under the and Plant Health Inspection Service services have both the willingness and Plant Protection Act (7 U.S.C. 7701– (APHIS) established regulations in title the capability to meet these needs. 7772), the Secretary of Agriculture is 9, part 98 of the Code of Federal Description of Respondents: Business authorized to regulate the importation of Regulations. The minimum standards or other-for-profit; Not-for-profit plants, plant products, and other articles cover, among other things, the food, institutions; State, Local and Tribal to prevent the introduction of injurious water, and rest provided to these horses Government; Federal Government. plant pests. Regulations contained in while they are in transit; and to review Number of Respondents: 132. Title 7 of the Code of Federal other related issues that may be Frequency of Responses: Reporting: Regulations, part 319 (subpart—Fruits appropriate to ensuring that these On occasion; Other (as needed). and Vegetables), sections 319.56 animals are treated humanely. Total Burden Hours: 1,353. through 319.56–8 implement the intent Implementing these regulations entails of this Act by prohibiting or restricting the use of two information collection Animal and Plant Health Inspection the importation of certain fruits and activities in the form of an owner- Service vegetables into the United States from shipper certificate, as well as the Title: National Agricultural Pest certain parts of the world to prevent the collection of employment information Information System. introduction and dissemination of fruit on any person found to be transporting OMB Control Number: 0579–0010. flies and other injurious plant pests that horses to a slaughtering facility. Summary of Collection: The United are new to or not widely distributed Need and Use of the Information: States Department of Agriculture is within the United States. Allowing APHIS will collect the following responsible for preventing plant these fruits and vegetables to be information: (1) Shipper’s name and diseases or insect pests from entering imported necessitates the use of certain address and the owner’s name and the United States, preventing the spread information collection activities, address; (2) description of the of pests not widely distributed in the including the completion of import transporting vehicle, including the United States, and eradicating those permits, phytosanitary inspection license plate number; (3) a description imported pests when eradication is certificates, and fruit fly monitoring of the horse’s physical characteristics, feasible. The Plant Quarantine Act and records. including its sex, coloring, the Federal Plant Pest Act authorizes the Need and Use of the Information: The distinguishing marks, permanent Department to carry out this mission. Animal and Plant Health Inspection brands, electronic means of The Animal and Plant Health Inspection Service (APHIS) will collect the name identification, or other characteristics Service (APHIS) has joined forces with and address of the importer, the type of that can be used to accurately identify the States to create a program called the fruit or vegetables being imported, from the horse; (4) the number of the USDA Cooperative Agricultural Pest Survey. which country these products are being back tag that has been applied to the The program allows the States and the imported, and other information horse for identification purposes; (5) a Plant Protection and Quarantine (PPQ) regarding the shipment that will enable statement of the animal’s fitness to to conduct surveys to detect and APHIS to determine whether the fruit or travel, which must indicate that the measure the presence of imported plant vegetables are eligible for import and if horse is able to bear weight on all four pests and to input survey data into a so, what (if any) risk mitigation limbs, is able to walk unassisted, is not national computer-based system (called measures will be necessary to ensure blind in both eyes, is older than 6

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months of age, and is not likely to give Total Burden Hours: 40. through areas quarantined because of birth during the trip; (6) a description of citrus canker. APHIS established a Animal Plant and Health Inspection anything unusual with regard to the program under which eligible owners of Service physical condition of the horse, such as commercial citrus groves in Florida a wound or blindness in one eye, and Title: Veterinary Services User Fees; could receive payments to recover any special handling needs; (7) the date, Fees for Permit Applications. production income lost as a result of the time, and place the horse was loaded on OMB Control Number: 0579–0167. removal of their commercial citrus trees the conveyance; and (8) a statement that Summary of Collection: The Food, to control citrus canker. The payment of the horse was provided access to food, Agricultural, Conservation and Trade these funds is intended to reduce the water, and rest prior to transport. Act of 1990, as amended, authorizes the economic effect of citrus canker Description of Respondents: Business Secretary of Agriculture to prescribe and quarantine on affected commercial or other for-profit; Individuals or collect fees to reimburse Agencies for citrus growers in Florida. Implementing households; Farms. the cost of carrying out the provisions this payment program necessitates the Number of Respondents: 200. of the Federal Animal Quarantine Laws use of information collection activities Frequency of Responses: that relate to the importation, entry, and in the form of an Application for Funds. Recordkeeping; Reporting: On occasion. exportation of animals, articles, or Need and Use of the Information: Total Burden Hours: 4,203. means of conveyance. The Veterinary APHIS will collect from the application Services Division of USDA’s Animal Animal and Plant Health Inspection the owner’s name and address, a and Plant Health Inspection Service Service description of the owner’s property, and (APHIS) is the unit responsible for a certification statement that the trees Title: District of Columbia Plant processing import permit applications removed from the owner’s property Health Certificate. and for charging a user fee to provide were commercial citrus trees. Along OMB Control Number: 0579–0166. this service. VS 16–3, Application for with the application form, the owner Summary of Collection: The United Permit to Import Controlled Material; must also send a copy of the public States Department of Agriculture is Import or Transport Organisms or order or destruction order that describes responsible for preventing plant pests Vectors will be used to collect the acreage the number and the types of and noxious weeds for entering the information. trees removed. The information United States, preventing the spread of Need and Use of the Information: The collected will be used to: (1) Obtain the pests and weeds not widely distributed information collected from the import correct address to which funds are to be in the United States and eradicating permit application process enables sent, and (2) verify the location and those imported pests and weeds when USDA to carefully evaluate the risks acreage for which the owner is eradication is feasible. The Federal associated with commodities prior to requesting recovery funds. Without the Plant Protection Act (7 U.S.C. 7701– their entry into the United States and to information APHIS would be unable to 7772) authorized the Department to determine the appropriate user fee to reimburse eligible grove owners for the carry out this mission. The Plant charge. Failure to collect user fees could loss of production income. Protection and Quarantine (PPQ) of the create a significant funding shortage that Description of Respondents: Farm; Animal and Plant Health Inspection might cripple APHIS ability to process Business or other for-profit; Individuals Service (APHIS) provides certification import permit applications in a timely or households. services for plant material moving manner. Number of Respondents: 20. interstate to ensure other states that the Description of Respondents: Federal Frequency of Responses: Reporting: plants and plant products they are Government; Business or other for- On occasion. receiving from the District of Columbia profit; Individuals or households. Total Burden Hours: 3. are free of prohibited or otherwise Number of Respondents: 2,350. Animal and Plant Health Inspection regulated plant pests. APHIS will collect Frequency of Responses: Reporting; Service information using form PPQ 571 District On occasion. of Columbia Plant Health Certificate. Total Burden Hours: 47. Title: CSF—Importation of Pork and Need and Use of the Information: Pork Products and Live Swine from 4 APHIS will collect information using Animal and Plant Health Inspection Mexican States. forms PPQ 571, to certify that the Service OMB Control Number: 0579–0230. domestic plant or other plant material Title: Citrus Canker; Payment for Summary of Collection: Disease described by the shipper has been Recovery of Lost Production Income. prevention is the most effective method inspected according to appropriate OMB Control Number: 0579–0168. for maintaining a healthy animal procedures and that it is considered free Summary of Collection: Under the population and enhancing the Animal from certain plant diseases, insects, or Plant Protection Act (7 U.S.C. 7701– and Plant Health Inspection Service other pests, and is considered to 7772), the Secretary of Agriculture, (APHIS) ability to compete in the world conform with the requirements of the either independently or in cooperation market of animal and animal product importing State. If the information is not with the States, is authorized to carry trade. Veterinary Services, a division collected, it would likely result in the out operations or measures to detect, with APHIS is responsible for carrying interstate spread of damaging eradicate, suppress, control, prevent, or out this disease prevention mission. The agricultural pests. Further entities in the retard the spread of plant pests (such as agency regulates the importation of District of Columbia would be unable to citrus canker) new to or widely animals and animal products into the ship their products to other States, as distributed throughout the United United States to guard against the other States require this certification. States. The Animal and Plant Health introduction of exotic animal diseases Description of Respondents: Business Inspection Services (APHIS), Plant such as classical swine fever. The or other for-profit; Not-for-profit Protection and Quarantine, has regulations under which APHIS institutions. regulations in place to prevent the conducts these disease prevention Number of Respondents: 4. interstate spread of citrus canker. These activities are contained in Title 9, Frequency of Responses: Reporting: regulations restrict the interstate Chapter 1, Subchapter D, Parts 91 On occasion. movement of regulated articles from and through 99 of the Code of Federal

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Regulations. These regulations place Frequency of Responses: Reporting: SWM are competitive grant programs certain restrictions on the importation of Annually. administered by RUS. swine, pork, and pork products in order Total Burden Hours: 1,875. Need and Use of the Information: Non-profit organizations applying for to prevent an incursion of classical Rural Utilities Service swine fever or other exotic swine TAT and SWM grants must submit a diseases into the United States. Title: RUS Form 444, ‘‘Wholesale pre-application, which includes an Need and Use of the Information: Power Contracts’’. application form, narrative proposal, APHIS will collect information using a OMB Control Number: 0572–0089. various other forms, certifications and certificate issued by a salaried Summary of Collection: The Rural supplemental information. RUS will veterinary officer of the Government of Electrification Act of 1936 (RE Act) as collect information to determine Mexico. The certificate must identify amended (7 U.S.C. 901 et seq.), applicant eligibility, project feasibility, both the exporting region and the region authorizes the Rural Utilities Service and the applicant’s ability to meet the of origin as a region designated as free (RUS) to make and guarantee loads that grant and regulatory requirements. RUS of classical swine fever at the time the will enable rural consumers to obtain will review the information, evaluate it, swine, pork and pork products were in electric power. Rural consumers formed and, if the applicant and project are the region. If the information were not non-profit electric distribution eligible for further competition, invite collected it would significantly cripple cooperatives, groups of these the applicant to submit a formal APHIS’ ability to ensure that swine, distribution cooperatives banded application. Failure to collect proper pork, and pork products from certain together to form Generation and information could result in improper States within Mexico pose a minimal Transmission cooperatives (G&T’s) that determinations of eligibility, improper risk of introducing classical swine fever generate or purchase power and use of funds, or hindrances in making and other exotic animal diseases into transmit the power to the distribution grants authorized by the TAT and SWM the United States. systems. All RUS and G&T borrowers program. Description of Respondents: Farms; will enter into a Wholesale Power Description of Respondents: Not-for- Individuals or households. Contract with their distribution profit institutions. Number of Respondents: 5. members by using RUS form 444. Number of Respondents: 95. Frequency of Responses: Reporting: Need and Use of the Information: To Frequency of Responses: Reporting: On occasion. fulfill the purposes of the RE Act RUS On occasion; Quarterly. Total Burden Hours: 50. will collect information to improve the Total Burden Hours: 5,555. credit quality and credit worthiness of Forest Service National Agricultural Statistics Service loans and loan guarantees to G&T Title: Operating Plans. borrowers. RUS works closely with Title: Supplemental Qualifications OMB Control Number: 0596–0086. lending institutions that provide Statement. Summary of Collection: The National supplemental loan funds to borrowers. OMB Control Number: 0535–0209. Forest Management Act, 16 U.S.C. Description of Respondents: Not-for Summary of Collection: The 472a(14)(C) (Act) requires timber sale profit institutions; Business or other for- Department of Agriculture has an operating plans on timber sales that profit. Interagency Agreement with the Office exceed 2 years in length. The Number of Respondents: 110. of Personnel, which provides the regulations at 36 CFR 223.32 have a Frequency of Responses: Reporting: National Agricultural Statistics Service similar requirement. The operating Quarterly. (NASS) with the authority to examine, plans are collected within 60 days of Total Burden Hours: 660. rate, and certify applications for award of timber sale contracts and agricultural statistician positions. In annually thereafter until harvest is Rural Utilities Service addition to resumes, curriculum vitae, complete. There is no prescribed format Title: 7 CFR 1775, Technical and the standard Optional Application for the collection of the information. Assistance Program. for Federal Employment, NASS has Timber sale purchasers may submit the OMB Control Number: 0572–0112. created a Supplemental Qualifications required information in the form of a Summary of Collection: Section 306 of Statement (SQS) for agricultural chart or letter using surface mail, the Consolidated Farm and Rural statistician and mathematical electronic mail, or via facsimile. The Development Act (CONACT), 7 U.S.C. statistician positions. The SQS allows information is based on the timber sale 1926, authorizes Rural Utilities Service applicants the opportunity to describe purchaser’s business plan. (RUS) to make loans and grants to their achievements or accomplishments Need and Use of the Information: public agencies, American Indian tribes, as they relate to the required knowledge, Forest Service (FS) will collect and nonprofit corporations. The loans skills, and abilities. information to determine eligibility for and grants fund the development of Need and Use of the Information: THe additional contract time. In addition, drinking water, wastewater, and solid SQS provides applicants with the information is used to plan the waste disposal facilities in rural areas information related to how they will be agency timber sale contract with populations of up to 10,000 measured for a position and what kinds administration workload and to meet residents. Non-profit organizations of information will be used to evaluate other contract obligations. The receive Technical Assistance and those abilities. NASS personnel information collected includes planned Training (TAT) and Solid Waste specialist will use the information on periods and methods of anticipated Management (SWM) grants to help the SQS to evaluate and rate the major activities, including, road small rural communities or areas applicant’s accomplishments or construction, timber harvesting, and identify and solve problems relating to achievements. Ultimately, the completion of other contract community drinking water, wastewater, information is used by the selecting requirements. or solid waste disposal systems. The official as one of the criteria in the Description of Respondents: Business technical assistance is intended to selection process. or other for-profit; Individuals or improve the management and operation Description of Respondents: households. of the systems and reduce or eliminate Individuals or households. Number of Respondents: 2,500. pollution of water resources. TAT and Number of Respondents: 50.

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Frequency of Responses: Reporting: Summary of Collection: The National collected on form AD–2016 will be used On occasion. Agricultural Statistics Service (NASS) is to verify and validate the identity of Total Burden Hours: 150. charged with the responsibility of registrants and to enable the electronic providing reliable, up-to-date authentication of users. The user will National Agriculture Statistics Service information concerning the Nation’s then have access to these authorized Title: Agricultural Surveys Program. farms and ranches to farm groups, the resources without needing to OMB Control Number: 0535–0213. public, Congress, the Executive Branch reauthenticate within the context of a Summary of Collection: National and the Secretary of Agriculture. single Internet session. Agriculture Statistics Service (NASS) Congress appropriated funds for the Description of Respondents: Farms; primary functions are to prepare and collection of pesticide use data on Individuals or Households; Business or issue state and national estimates of nursery and floriculture operations. other for-profit. crop and livestock production and This data will expand the existing Number of Respondents: 5,000. collect information on related NASS pesticide database that contains Frequency of Responses: Reporting: environmental and economic factors. comprehensive annual pesticide use Annually. The Agricultural Surveys Program is a reports. The authority for these data Total Burden Hours: 1,600. series of surveys that contains basic collection activities is granted under agricultural data from farmers and U.S. Code Title 7, Section 2204. Rural Business-Cooperative Service ranchers throughout the Nation the Need and Use of the Information: Title: Research on Rural Cooperative preparing agricultural estimates and NASS will collect information to assess Opportunities and Problems. forecasts. The surveys results provide the environmental and economic impact OMB Control Number: 0570–0028. the foundation for setting livestock and of various programs, policies and Summary of Collection: Public Law poultry inventory numbers. Estimates procedures on nursery and floriculture 103–350, the Department of Agriculture derived from the surveys supply operators and their workers. This data Reorganization Act of 1994, established information needed by farmers to make will enhance the national chemical use The Rural Business-Cooperative Service decisions for both short and long-term database maintained by NASS which is (RBS). The mission of RBS is to improve planning. The General authority for an integral source of data necessary for the quality of life in rural America by these data collection is granted under on-going risk assessments related to financing community facilities and U.S. Code Title 7, Section 2206. dietary exposure to chemicals, worker businesses, providing technical Need and Use of the Information: The safety, water quality and ecological assistance and creating effective surveys provide the basis for estimates resources. strategies for rural development. The of the current season’s crop and Description of Respondents: Farms; primary objective of this funding is to livestock production and supplies of Business or other for-profit. encourage research through cooperative grain in storage. Crop and livestock Number of Respondents: 12,145. agreements on critical issues vital to the statistics help develop a stable Frequency of Responses: Reporting: development and sustainability of economic atmosphere and reduce risk Biennially. cooperatives as a means of improving Total Burden Hours: 7,052, for production, marketing, and the quality of life in America’s rural distribution operations. These Farm Service Agency communities. RBS will collect commodities affect the well being of the Title: Request for Electronic Loan information through research proposals nation’s farmers, commodities markets, prepared by applicants, who may be and national and global agricultural Deficiency Payment Services. OMB Control Number: 0560–0220. public or private colleges or policy. universities, research foundations Users of agricultural statistics are farm Summary of Collection: The USDA maintained, by a college or university, organizations, agribusiness, state and County Base Agency’s (CBA) have or private nonprofit organizations. national farm policy makers, and foreign developed a management and technical Need and Use of the Information: RBS buyers of agricultural products but the process that addresses user will collect information from applicants primary user of the statistical authentication and authorization to determine (1) Eligibility; (2) the information is the producer. prerequisites for providing services specific purpose for which the funds Agricultural statistics are also used to electronically. The process provides an will be utilized; (3) time frames or dates plan and administer other related electronic alternative to traditional ink by which activities surrounding the use federal and state programs in such areas signatures. The process is based on a of funds will be accomplished; (4) as school lunch program, conservation, one-time registration requirement for feasibility of the project; (5) applicants’ foreign trade, education, and recreation. each CBA customer desiring access to experience in managing similar Collecting the information less frequent any on-line services that require user activities; and (6) the effectiveness and would eliminate needed data to keep authentication. The information innovation used to address critical the government and agricultural collected on form AD–2016, USDA issues vital to the development and industry abreast of changes at the state Registration Form to Request Electronic sustainability of cooperatives as a means and national levels. Access Code, is necessary to enable the Description of Respondents: Farms. authentication of users and grant them of improving the quality of life in Number of Respondents: 578,650. access to only those resources for which America’s rural communities. Without Frequency of Responses: Reporting: they are authorized. the collection of information, there Quarterly; Semi-annually; Monthly; Need and Use of the Information: The would be no basis on which to award Annually. voluntary registration process applies to funds or monitor project progress. Total Burden Hours: 134,129. CBA customers and partners (non-CBA Description of Respondents: Not-for- employees) who request Farm Service profit institutions. National Agricultural Statistics Service Agency, Rural Development, and Number of Respondents: 50. Title: Nursery Production survey and Natural Resources Conservation Service Frequency of Responses: Nursery and Floriculture Chemical Use provided services. Registration can be Recordkeeping; Reporting: On occasion; Survey. requested by the customer in person, by Quarterly. OMB Control Number: 0535–0244. mail, or by fax. The information Total Burden Hours: 1,339.

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Rural Business-Cooperative Service Need and Use of the Information: The information collected is used by Title: National Sheep Industry Rural Development’s field offices will authorized representatives of USDA, Improvement Center. collect information from applicants/ including AMS, Fruit and Vegetable OMB Control Number: 0570–0048. borrowers, lenders, and consultants to Programs’ regional and headquarters Summary of Collection: The National determine eligibility, project feasibility staff, and employees of the Committee. Sheep Industry Improvement Center and to ensure borrowers operate on a Timing and frequency of the various (NSIIC) is authorized by 7 U.S.C. 2008j sound basis and use loan funds for reports has evolved to meet the needs of to assist the U.S. sheep and goat authorized purposes. There are agency the industry and minimize the burden industries by strengthening and forms required as well as other on the reporting public. Collecting data enhancing the production and requirements that involve certifications less frequently would eliminate data marketing of sheep, goats, and their from the borrower, lenders, and other needed to keep the spearmint oil products in the United States. The parties. Failure to collect proper industry and the Secretary abreast of management of NSIIC is vested in a information could result in improper changes at the state and local level. Board of Directors consisting of 7 voting determinations of eligibility, use of Description of Respondents: Business members chosen from the sheep and funds and or unsound loans. or other for-profit; Farms, Federal goat industries. Description of Respondents: Business government, State, Local or Tribal Need and Use of the Information: The or other for-profit; Not-for-profit Government. information collected is used to confirm institutions; State, Local or Tribal Number of Respondents: 194. that an applicant meet the eligibility Government. Frequency of Responses: requirements; the specific purpose for Number of Respondents: 15. Recordkeeping, Reporting: On occasion, which the funds will be utilized; Frequency of Responses: Reporting: Annual, Biennially. timeframes or dates by which activities On occasion. Total Burden Hours: 230. surrounding the use of funds will be Total Burden Hours: 858. Agricultural Marketing Service accomplished; feasibility of the project; Agricultural Marketing Service Title: Regulation governing applicants’ experience in managing inspection, certification, and standards similar activities; and the effectiveness Title: Marketing Order Regulating the Handling of Spearmint Oil Produced in for fresh fruits, vegetables and other and innovation used to address critical products—7 CFR 51. issues vital to the development and the Far West, M.O. 985. OMB Control Number: 0581–0065. OMB Control Number: 0581–0125. sustainability of businesses, job Summary of Collection: The Summary of Collection: The creation, loans packaged, business marketing order programs provide an Agricultural Marketing Act of 1946 information system network, and opportunity for producers of fresh fruits, gives authorization to USDA to inspect, infrastructure development as a means vegetables and specialty crops, in a certify and identify the class, quantity, of improving the American Sheep or specified production area to work quality and condition of agricultural Goat Industries. Without this together to solve marketing problems produces when shipped or received in information, there would be no basis on that cannot be solved individually. Far interstate commerce and to enter into which to award funds. West spearmint marketing order cooperative agreements with Description of Respondents: Business regulates the handling of spearmint oil cooperating Federal-State inspection or other for-profit; Not-for-profit produced in the Washington, Idaho, Agencies that provide for this institutions; Farms; Federal Oregon, and designated parts of Nevada inspection work. The Fresh Products Government; State, Local or Tribal and Utah. The order authorizes the Branch provides a nationwide Government. issuance of allotment provisions for inspection and grading service for fresh Number of Respondents: 45. fruits, vegetables, and other products to Frequency of Responses: Reporting: producers and regulates the quantities of spearmint oil handled and has the shippers, importers, processors, sellers, On occasion; Recordkeeping. buyers and other financially interested Total Burden Hours: 383. authority for research and development. Under the Agriculture Marketing parties on a ‘‘user-fee’’ basis. The Rural Utility Service Agreement Act of 1937, as amended (7 program is voluntary and services are Title: Water and Waste Disposal U.S.C. 601–674), industries enter into made available only upon request or Programs Guaranteed Loans. marketing order programs. Agricultural when specified by some special program OMB Control Number: 0572–0122. Marketing Service (AMS) may act as the or contact. Summary of Collection: Rural Utilities Secretary’s agent to oversee the order Need and Use of the Information: Various forms are used to collect Service (RUS) is authorized by the operations and issue regulations information. Such information includes: Consolidated Farm and Rural recommended by a committee of The name and location of the person or Development Act to make loans to representatives from each commodity company requesting the inspection, the public agencies, nonprofit corporations, industry. and Indian tribes for the development of Need and Use of the Information: The type and location of the product to be water and waste disposal facilities Committee has the authorization to inspected, the type of inspection being primarily servicing rural residents. The require producers, handlers, and requested and any information that will Waste and Water Disposal Programs processors submit certain information as identify the product. The information collected is needed to carry out the (WW) of RUS provide insured loan and provided by the Order, rules and inspection and grading services. grant funds through the WW program to regulations. Various forms relating to Description of Respondents: Business finance many types of projects varying spearmint supplies, shipments, and or other for-profit. in size and complexity. The Waste and dispositions, are used and required to Number of Respondents: 56,980. Water Disposal Guaranteed Program is effectively carry out the purpose of the Frequency of Responses: Reporting: codified under 7 CFR 1779. The Act and order. The committee On occasion. guaranteed loan program encourages periodically reviews reports and forms Total Burden Hours: 8,942. lender participation and provides to ensure that they are understandable, specific guidance in the processing and easy to fill out, and only the minimum Agricultural Marketing Service servicing of guaranteed loans. of information necessary is reported. Title: Seed Service Testing Program.

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OMB Control Number: 0581–0140. marketing of certain agricultural eminent domain, in order to avoid Summary of Collection: The products as organically produced forfeiture of the tobacco allotment or Agricultural Marketing Act (AMA) of products; (2) to assure consumers that quota which is assigned to the farm, 1946, as amended by 7 U.S.C. 1621 organically produced products meet a she/he may contact the Farm Service authorizes the Secretary to inspect and consistent standard; and (3) to facilitate Agency (FSA) County Committee at the certify the quality of agricultural interstate commerce in fresh and FSA County office, where the farm is products and collect such fees as processed food that is organically located and arrange to place the tobacco reasonable to cover the cost of service produced. The National Organic in an ‘eminent domain’ pool. The rendered. The purpose of the voluntary Program (NOP) regulation fulfills the allotment or quota thus placed in a pool program is to promote efficient, orderly requirements of the OFPA. It includes is held for the displaced owner for marketing of seeds submitted to the comprehensive production and subsequent transfer to other farms she/ Agricultural Marketing Service (AMS) handling standards, labeling provisions, he may own or may purchase. An owner are tested for factors such as purity and requirements for the certification of must request transfer of the tobacco germination at the request of the producers and handlers, accreditation of from the pool within 3 years from the applicant for the service. The Testing certifying agents by USDA and an date of displacement from the farm to Section of the Seed Regulatory and administrative subpart for fees, State which the tobacco originally belonged. Testing Branch of AMS, which tests the Programs, National List, appeals, Further a farmer whose tobacco crop seed and issues the certificates is the compliance and pesticide residue could not be planted, or which failed, only Federal seed testing facility which testing. Agricultural Marketing Service because of a natural disaster such as can issue the Federal Seed Analysis will approve programs for State adverse weather conditions, disease, Certificate. governments wishing to establish State virus, and insects, can request disaster Need and Use of the Information: Organic Programs. credit to help protect the quota/ Applicants generally are seed firms who Need and Use of the Information: The allotment from forfeiture. FSA will use the seed analysis certificates to information collected is used to evaluate collect information using forms FSA– represent the quality of seed lots to compliance with OFPA and NOP for 177, Record of Pooled Farm Allotment foreign customers according to the terms administering the program, for or Quota, FSA–178, Application for specified in contracts of trade. The only management decisions and planning, for Transfer of Allotment or Quota From information collected is information establishing the cost of the program and Pool, and FSA–182, Request for Tobacco needed to provide the service requested to support administrative and regulatory Disaster Credit. by the applicant. Applicants must actions in response to non-compliance Need and Use of the Information: FSA provide information such as the kind with OFPA. Certifying agents will have will collect information from the three and quantity of seed, tests to be to submit an application to USDA to forms to ensure the following: (1) The performed, and seed treatment if become accredited to certify organic displaced owner request that tobacco be present, along with a sample of seed in production and handling operations. placed in an ‘eminent domain,’ (2) the order for AMS to provide the service. Auditors will review the application, displaced owner to request transfer of Only authorized AMS employees used perform site evaluation and submit the pooled tobacco to another farm that the information collected to track, test, reports to USDA, who will make a she/he owns, and (3) to request disaster and report test results to the applicant. decision to grant or deny accreditation. credit to help protect the quota/ If the information were not collected, Producers, handlers and certifying allotment from forfeiture. AMS would not know which test to agents whose operations are not Description of Respondents: conduct or would not be able to relate approved have the right to mediation Individuals or households; Farms; the test results with a specific lot of and appeal the decision. Reporting and Federal Government; State, Local or seed. The information must be provided recordkeeping are essential to the Tribal Government. for each sample the applicant submits integrity of the organic certification Number of Respondents: 312. for test. Without the AMS program, system. Frequency of Responses: Reporting: applicants would have to obtain tests Description of Respondents: Farms; Other (as needed). from state or commercial laboratories. Individuals or households; Business or Total Burden Hours: 482. Description of Respondents: Business other for-profit; State, Local or Tribal Animal Plant and Health Inspection or other for-profit; Farms; State, Local or Government. Service Tribal Government. Number of Respondents: 19,766. Number of Respondents: 82. Frequency of Responses: Reporting: Title: Interstate Movement of Swine Frequency of Responses: Reporting: Annually; Recordkeeping. Within a Production System. On occasion. Total Burden Hours: 593,523. OMB Control Number: 0579–0161. Total Burden Hours: 499. Summary of Collection: Disease Farm Service Agency prevention is the most effective method Agricultural Marketing Service—Farm Title: Eminent Domain Acquisitions: for maintaining a healthy animal Service Agency Reallocating Allotments and Quotas; population, and for enhancing the Title: National Organic Program. Requesting Disaster Credit. Animal Plant and Health Inspection OMB Control Number: 0581–0191. OMB Control Number: 0560–0033. Service (APHIS) ability to compete in Summary of Collection: The Organic Summary of Collection: A Federal, the world market of animal and animal Foods Production Act (OFPA) of 1990, State or other government agency has product trade. The Veterinary Services Title XXI of the Food, Agriculture, the power to take a farm by eminent Division of APHIS is responsible for Conservation and Trade Act of 1990 domain acquisition and thus displace a carrying out this disease prevention (Farm bill), USC Title 7, Section 6503(a) landowner. A farm may be taken by mission. The regulations under which mandates that the Secretary of eminent domain through court APHIS conducts these disease Agriculture develop a national organic proceedings to condemn the land or prevention activities are contained in program. The purposes of the regulation through negotiation between the taking Title 9, Subchapter C of Chapter I, mandated by OFPA are: (1) To establish agency and the owner of the land. When which governs the interstate movement national standards governing the an owner is displaced from a farm by of animals to prevent the dissemination

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of livestock and poultry diseases within peanuts. The initial Board was Committee Act. The initial Board was the United States. Regulations in Part 71 appointed by the Secretary and appointed by the Secretary and contain requirements for moving swine announced on December 5, 2002. USDA announced on December 5, 2002. interstate within a swine production seeks nominations for individuals to be USDA invites those individuals, system. (A production system consists considered for selection as Board organizations, and groups affiliated with of separate farms that each specialize in members for terms of office ending June the categories listed above to nominate a different phase of swine production— 30, 2007. Selected nominees sought by individuals for membership on the sow herds, nursery herds, and finishing this action would replace those six Board. Nominees sought by this action herds). Moving swine interstate within producer and industry representatives would replace one producer and one a swine production system involves the who are currently serving for the initial industry member from each peanut use of two information collection term of office that ends June 30, 2004. producing region who served for the activities in the form of a Swine The Board consists of 18 members initial term of office that ends June 30, Production Health Plan and an representing producers and industry 2004. New members would serve for a Interstate Swine Movement Report. representatives. 3-year term of office ending June 30, Need and Use of the Information: The DATES: Written nominations must be 2007. Swine Production Health Plan is a received on or before April 30, 2004. Nominees should complete a Peanut Standards Board Background document developed by participating ADDRESSES: Nominations should be sent swine producers, stating that all farms to Dawana J. Clark, Marketing Order Information form and submit it to Mrs. within the given swine production Administration Branch, Fruit and Clark. Copies of this form may be system will maintain the health of their Vegetable Programs, AMS, USDA, Suite obtained at the Internet site: http:// swine and remain vigilant for any signs 2A04, Unit 155, 4700 River Road, www.ams.usda.gov/fv/peanut- of communicable disease. The Interstate Riverdale, MD 20737: Telephone: (301) farmbill.htm, or from Mrs. Clark. USDA Swine Movement Report is a document 734–5243; Fax: (301) 734–5275; E-mail: seeks a diverse group of members initiated by swine producers to notify [email protected]. representing the peanut industry. Equal opportunity practices will be their accredited veterinarians, APHIS, SUPPLEMENTARY INFORMATION: Section followed in all appointments to the and State regulatory officials in the 1308 of the Farm Security and Rural Board in accordance with USDA States of origin and destination that a Investment Act of 2002 (Farm Bill) policies. To ensure that the group of animals is being moved across requires the Secretary of Agriculture to recommendations of the Board have State lines in a swine production establish a Peanut Standards Board taken into account the needs of the system. Without the information, the (Board) for the purpose of advising the diverse groups within the peanut movement of swine interstate within a Secretary regarding the establishment of industry, membership shall include, to swine production system would become quality and handling standards for all the extent practicable, individuals with less efficient and more time-consuming, domestic and imported peanuts demonstrated abilities to represent consequently placing more financial marketed in the United States. The Farm minorities, women, persons with and logistical burden on producers who Bill requires the Secretary to consult disabilities, and limited resource regularly engage in this activity. with the Board before the Secretary agriculture producers. Description of Respondents; Farms; establishes or changes quality and Federal Government. handling standards for peanuts. Dated: February 18, 2004. Number of Respondents: 1,000. The Farm Bill provides that the Board A.J. Yates, Frequency of Responses: Reporting: consist of 18 members, with three Administrator, Agricultural Marketing On occasion. producers and three industry Service. Total Burden Hours: 1,000. representatives from the States specified [FR Doc. 04–3955 Filed 2–23–04; 8:45 am] Ruth Brown, in each of the following producing BILLING CODE 3410–02–P Departmental Information Collection regions: (a) Southeast (Alabama, Clearance Officer. Georgia, and Florida); (b) Southwest [FR Doc. 04–3954 Filed 2–23–04; 8:45 am] (Texas, Oklahoma, and New Mexico); DEPARTMENT OF AGRICULTURE and (c) Virginia/Carolina (Virginia and BILLING CODE 3410–01–M North Carolina). Rural Housing Service For the initial appointments, the Farm Rural Business-Cooperative Service DEPARTMENT OF AGRICULTURE Bill required the Secretary to stagger the terms of the members so that: (a) One Agricultural Marketing Service producer member and peanut industry Rural Utilities Service member from each peanut producing [Docket No. FV04–996–1] region serves a one-year term; (b) one Farm Service Agency Peanut Standards Board producer member and peanut industry member from each peanut producing Notice of Request for Extension of a Currently Approved Information AGENCY: Agricultural Marketing Service, region serves a two-year term; and (c) Collection USDA. one producer member and peanut ACTION: Notice and request for industry member from each peanut AGENCIES: Rural Housing Service, Rural nominations. producing region serves a three-year Business-Cooperative Service, Rural term. The term ‘‘peanut industry Utilities Service, Farm Service Agency, SUMMARY: The Farm Security and Rural representatives’’ includes, but is not USDA. Investment Act of 2002 requires the limited to, representatives of shellers, ACTION: Proposed collection; comments Secretary of Agriculture to establish a manufacturers, buying points, marketing requested. Peanut Standards Board (Board) for the associations and marketing purpose of advising the Secretary on cooperatives. The Farm Bill exempted SUMMARY: In accordance with the quality and handling standards for the appointment of the Board from the Paperwork Reduction Act of 1995, this domestically produced and imported requirements of the Federal Advisory notice announces the subject agencies’

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intention to request an extension for a ways to enhance the quality, utility and ADDRESSES: Send written comments to currently approved information clarity of the information to be mark J. Madrid, Forest Supervisor, collection in support of the programs for collected; and (d) ways to minimize the Payette National Forest, P.O. Box 1026, 7 CFR part 1956, subpart B, ‘‘Debt burden of the collection of information McCall, Idaho, 83638. Settlement—Farmer Loan Programs and on those who are to respond, including FOR FURTHER INFORMATION CONTACT: Multi-Family Housing.’’ through the use of appropriate Questions about the proposed action DATES: Comments on this notice must be automated, electronic, mechanical, or should be directed to Dan Anderson, received by April 26, 2004 to be assured other technological collection Interdisciplinary Team Leader, at the of consideration. techniques or other forms of information above address, phone (208) 634–0400. FOR FURTHER INFORMATION CONTACT: technology. Comments may be sent to SUPPLEMENTARY INFORMATION: The Paddy Janet Stouder, Deputy Director, Multi- Renita Bolden, Regulations and Flat project area is located in the Family Housing Portfolio Management, Paperwork Management Branch, Kennally Creek sub-watershed on the USDA, RHS, 1400 Independence Ave. Support Services Division, U.S. McCall Ranger District. It is about 16 SW., Washington, DC 20250–0782, Department of Agriculture, Rural miles southeast of McCall, and telephone (202) 720–9728. Electronic Development, STOP 0742, 1400 approximately 6,700 acres in size. The mail: [email protected]. Independence Ave. SW., Washington, purpose and need for this activity is to DC 20250. All responses to this notice SUPPLEMENTARY INFORMATION: (1) move stands toward the desired will be summarized and included in the Title: Debt Settlement—Farm Loan condition in the Forest Plan for request for OMB approval. All Programs and Multi-Family Housing. vegetation and (2) reduce the potential comments will also become a matter of OMB Number: 0575–0118. for uncharacteristic and/or undesired public record. Expiration Date of Approval: July 31, fire and create conditions that in the 2004. Dated: February 12, 2004. case of wildfire will tend toward a lower Type of Request: Extension of a Arthur A. Garcia, risk surface fire on National Forest currently approved information Administrator, Rural Housing Service. System lands surrounding the Paddy collection. Dated: February 12, 2004. Flat Subdivision. Abstract: This regulation defines Peter J. Thomas, The proposed action includes a variety of activities to meet the purpose items to be submitted by borrowers to Acting Administrator, Rural Business- request settlement of their debt. Cooperative Service. and need. (1) Harvest timber on approximately 594 acres, producing Information regarding past and present Dated: February 11, 2004. income, living expenses, debt approximately 6.3 million board feet James R. Little, repayment, assets and liabilities is (MMBF) of wood products, using obtained. The information is used to Administrator, Farm Services Agency. tractor, jammer, and skyline logging determine if acceptance of the Dated: February 12, 2004. systems. The silvicultural methods used settlement offer is in the best interest of Curtis M. Anderson, would be shelterwood w/reserve tree, the Government and document the Acting Administrator, Rural Utilities Service. clearcut w/reserve tree, intermediate borrower’s request and offer. [FR Doc. 04–3877 Filed 2–23–04; 8:45 am] treatment, and improvement cut. (2) Estimate of Burden: Public reporting BILLING CODE 3410–XV–P Excavator pile and burn approximately for this collection of information is 488 acres, jackpot pile and burn estimated to average 8.5 hours per approximately 14 acres, broadcast burn response. DEPARTMENT OF AGRICULTURE approximately 82 acres, and lop and Respondents: Individuals or scatter activity fuels on approximately households, businesses or other for Forest Service 10 acres. (3) Regenerate by planting with profit and farms. seral species approximately 452 acres. Payette National Forest, Idaho; Paddy Estimated Number of Respondents: (4) Reduce overall road density and Flat Vegetation Management Project 2,400. reduce impacts to water quality in the Estimated Number of Responses per AGENCY: Forest Service, USDA. project area by decommissioning Respondent: 1. approximately 18.0 miles of unneeded ACTION: Estimated Number of Responses: Notice of intent to prepare an roads. (5) Build approximately 2.7 miles 2,400. environmental impact statement. of new road to facilitate timber harvest. (6) Thin approximately 1,078 acres of Estimated Total Annual Burden on SUMMARY: The USDA Forest Service will Respondents: 20,400. prepare the Paddy Flat Vegetation plantations to reduce competition and Copies of this information collection Management Project EIS. The proposed increase growth. (7) Reduce the can be obtained from Renita Bolden, action in the EIS is to harvest timber potential for uncharacteristic and/or Regulations and Paperwork and to do timber stand improvement in undesirable fire by reducing the density Management Branch, Support Services stands in the Paddy Flat Subdivision. in plantations and reducing the crown Division at (202) 692–0035. The Payette National Forest invites density of live trees and numbers of dead trees on National Forest System Comments written comments and suggestions on the scope of the analysis and the issues lands in proximity to the Paddy Flat Comments are invited on: (a) Whether to address. The agency gives notice of Subdivision. the proposed collection of information Preliminary issues for this project the full National Environmental Policy is necessary for the proper performance include effects on water quality, soil Act (NEPA) analysis and decision- of the functions of the subject agencies, productivity, wildlife habitat, and making process so that interested and including whether the information will access management. affected people know how they may have practical utility; (b) the accuracy of A range of reasonable alternatives will participate and contribute to the final the Agencies’ estimate of the burden of be considered. The no-action alternative decision. the proposed collection of information will serve as a baseline for comparison including the validity of the DATES: Comments need to be received of alternatives. The proposed action will methodology and assumptions used; (c) by March 29, 2004. be considered along with additional

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alternatives developed that meet the Comments may also address the Bethesda Metro Center, Bethesda, MD purpose and need and address major adequacy of the draft environmental 20814. issues identified during scoping. impact statement or the merits of the FOR FURTHER INFORMATION CONTACT: For Alternatives may have different alternatives formulated and discussed in further information regarding the amounts, locations, and types of project the statement. Reviewers may wish to meetings, please contact Lawrence W. activities. refer to the Council on Environmental Roffee, Executive Director, (202) 272– Comments received in response to Quality Regulations for implementing 0001 (voice) and (202) 272–0082 (TTY). this notice, including names and the procedural provisions of the addresses of those who comment, will National Environmental Policy Act at 40 SUPPLEMENTARY INFORMATION: At the be part of the project record and CFR 1503.3 in addressing these points. Board meeting, the Access Board will available for public review. After the 45-day comment period consider the following agenda items: The Forest Service is seeking ends on the draft EIS, the Forest Service Open Meeting information and comments from other will analyze comments received and • Federal, State, and local agencies; Tribal address them in the final EIS. The final Approval of the January 14, 2004, governments; organizations; and Board meeting minutes. EIS is scheduled to be completed in • individuals who may be interested in or 2004. The Responsible Official is the Ad Hoc Committee on Public affected by the proposed action. This Outreach report. Payette National Forest Supervisor. The • input will be used in preparation of the decision will be documented, including Technical Programs Committee EIS. report. the rationale for the decision, in a • Comments will be appreciated Record of Decision (ROD). The decision Planning and Budget Committee throughout the analysis process. The report. will be subject to review under the • comment period on the draft EIS will be Forest Service administrative appeal Election of officers. 45 days from the date the regulations at 36 CFR 215. Closed Meeting Environmental Protection Agency publishes the notice of availability in Dated: February 18, 2004. • Passenger Vessels Accessibility the Federal Register. It is important that Mark M. Madrid, Guidelines. those interested in the management of Forest Supervisor. • Public Rights-of-Way Accessibility the Payette National Forest participate [FR Doc. 04–3907 Filed 2–23–04; 8:45 am] Guidelines. at that time. BILLING CODE 3410–11–M All meetings are accessible to persons The Forest Service believes, at this with disabilities. Sign language early stage, it is important to give interpreters and an assistive listening reviewers notice of several court rulings ARCHITECTURAL AND system are available at all meetings. related to public participation in the TRANSPORTATION BARRIERS Persons attending Board meetings are environmental review process. First, COMPLIANCE BOARD requested to refrain from using perfume, reviewers of draft environmental impact cologne, and other fragrances for the statements must structure their Meeting comfort of other participants. participation in the environmental review of the proposal so that it is AGENCY: Architectural and Lawrence W. Roffee, meaningful and alerts an agency to the Transportation Barriers Compliance Executive Director. reviewer’s position and contentions. Board. [FR Doc. 04–3873 Filed 2–23–04; 8:45 am] Vermont Yankee Nuclear Power Corp. v. ACTION: Notice of meeting. BILLING CODE 8150–01–P NRDC, 435 U.S. 519, 553 (1978). Also, SUMMARY: The Architectural and environmental objections that could be Transportation Barriers Compliance DEPARTMENT OF COMMERCE raised at the draft environmental impact Board (Access Board) has scheduled its statement stage but that are not raised regular business meetings to take place [I.D. 021804C] until after completion of the final in Washington, DC on Tuesday and environmental impact statement may be Wednesday, March 9–10, 2004, at the Submission for OMB Review; waives or dismissed by the courts. City times and location noted below. Comment Request of Angoon v. Hodel, 803 F.2d 1016, DATES: 1002 (9th Cir. 1986) and Wisconsin The schedule of events is as The Department of Commerce has Heritages, Inc. v. Harris, 490 F. Supp. follows: submitted to the Office of Management 1334, 1338 (E.D. Wis. 1980). Because of Tuesday, March 9, 2004 and Budget (OMB) for clearance the following proposal for collection of these court rulings, it is important that 10:30 a.m.–Noon—Ad Hoc Committee information under the provisions of the those interested in this proposed action on Public Outreach participate by the close of the 45 day 1:30–2:30 p.m.—Technical Programs Paperwork Reduction Act (44 U.S.C. comment period so that substantive Committee Chapter 35). comments and objections are made 2:30–3:30—Planning and Budget Agency: National Oceanic and available to the Forest Service at a time Committee Atmospheric Administration (NOAA). when it can meaningfully consider them 3:30–5—Ad Hoc Committee on Title: Foreign Fishing Vessels and respond to them in the final Passenger Vessels (closed session) Operating in Internal Waters. environmental impact statement. Form Number(s): None. To assist the Forest Service in Wednesday, March 10, 2004 OMB Approval Number: 0648–0329. identifying and considering issues 9–11 a.m.—Ad Hoc Committee on Type of Request: Regular submission. raised by the proposed action, Passenger Vessels (closed session) Burden Hours: 36. comments on the draft environmental 11–Noon—Ad Hoc Committee on Public Number of Respondents: 6. impact statement should be as specific Rights-of-Way (closed session) Average Hours Per Response: .5 (30 as possible. It is also helpful if 1:30–3 p.m.—Board meeting minutes). comments refer to specific pages or ADDRESSES: The meetings will be held at Needs and Uses: Foreign fishing chapters of the draft statement. the Hyatt Regency Bethesda Hotel, One vessels engaged in processing and

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support of U.S. fishing vessels within Regional Industrial Development Dated: February 13, 2004. the internal waters of a state, in Corporation of Southwestern Dennis Puccinelli, compliance with the terms and Pennsylvania, grantee of FTZ 33, Executive Secretary. conditions set by the authorizing requesting special-purpose subzone [FR Doc. 04–3983 Filed 2–23–04; 8:45 am] governor, are required to report the status for the circuit breaker BILLING CODE 3510–DS–P tonnage and location of fish received manufacturing facilities of Mitsubishi from U.S. vessels. This reporting is Electric Power Products, Inc. (MEPPI) (a required by the Magnuson-Stevens subsidiary of Mitsubishi Electric DEPARTMENT OF COMMERCE Fishery Conservation and Management Corporation, of Japan), located in Act. Weekly reports are submitted to Warrendale and Freedom, Pennsylvania International Trade Administration allow monitoring of the quantity of fish (68 FR 44281, 7–28–03), has been received by foreign vessels. amended to revise the scope of sourcing Initiation of Antidumping and Affected Public: Business or other for- authority to include additional foreign- Countervailing Duty Administrative profit organizations. origin components to be used in the Reviews Frequency: Weekly. manufacture of high-voltage circuit AGENCY: Import Administration, Respondent’s Obligation: Mandatory. breakers under foreign-trade zone (FTZ) International Trade Administration, OMB Desk Officer: David Rostker, procedures. The additional components Department of Commerce. (202) 395–3897. that would be purchased from abroad Copies of the above information include: insulated wire, current ACTION: Notice of initiation of collection proposal can be obtained by transformers, capacitors, generators, antidumping and countervailing duty calling or writing Diana Hynek, monitors, circuit breakers, and sensors administrative reviews. Departmental Paperwork Clearance (2004 duty rate range: free—3.9%). FTZ SUMMARY: The Department of Commerce Officer, (202) 482–0266, Department of procedures would exempt MEPPI from (the Department) has received requests Commerce, Room 6625, 14th and Customs duty payments on the foreign to conduct administrative reviews of Constitution Avenue, NW, Washington, components noted above that are used various antidumping and countervailing DC 20230 (or via the Internet at in export production. On its domestic duty orders and findings with January [email protected]). sales and exports to NAFTA markets, anniversary dates. In accordance with Written comments and the company would be able to choose the Department’s regulations, we are recommendations for the proposed the duty rate that applies to finished initiating those administrative reviews. information collection should be sent circuit breakers (2.0%) for these foreign- within 30 days of publication of this sourced components. EFFECTIVE DATE: February 24, 2004. notice to David Rostker, OMB Desk Public comment on the application is FOR FURTHER INFORMATION CONTACT: Officer, FAX number (202) 395–7285, or invited from interested parties. The Holly A. Kuga, Office of AD/CVD [email protected]. comment period is hereby reopened Enforcement, Import Administration, Dated: February 18, 2004. until March 25, 2004. Submissions International Trade Administration, U.S. Department of Commerce, 14th Gwellnar Banks, (original and three copies) shall be addressed to the Board’s Executive Street and Constitution Avenue, NW., Management Analyst, Office of the Chief Washington, DC 20230, telephone: (202) Information Officer. Secretary at the following addresses: 1. Submissions via Express/Package 482–4737. [FR Doc. 04–4021 Filed 2–23–04; 8:45 am] Delivery Services: Foreign-Trade Zones SUPPLEMENTARY INFORMATION: BILLING CODE 3510–22–S Board, U.S. Department of Commerce, Franklin Court Building—Suite 4100W, Background DEPARTMENT OF COMMERCE 1099 14th Street, NW., Washington, DC The Department has received timely 20005; or, requests, in accordance with 19 CFR Foreign-Trade Zones Board 2. Submissions via the U.S. Postal 351.213(b)(2002), for administrative Service: Foreign-Trade Zones Board, reviews of various antidumping and [Docket 35–2003] U.S. Department of Commerce, FCB– countervailing duty orders and findings Foreign-Trade Zone 33—Pittsburgh, 4100W, 1401 Constitution Ave., NW., with January anniversary dates. Washington, DC 20230. PA, Application for Subzone Status, Initiation of Reviews Mitsubishi Electric Power Products, A copy of the application is available Inc. (Circuit Breakers), Warrendale and for public inspection at the Office of the In accordance with 19 CFR Freedom, PA; Amendment of Foreign-Trade Zones Board’s Executive 351.221(c)(1)(i), we are initiating Application: Additional Foreign Secretary at address No.1 listed above administrative reviews of the following Components and at the U.S. Department of antidumping and countervailing duty Commerce Export Assistance Center, orders and findings. We intend to issue Notice is hereby given that the Suite 2002, 1000 Liberty Avenue, the final results of these reviews not application of Board (the Board) by the Pittsburgh, PA 15222. later than January 31, 2005.

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Period to be reviewed

Antidumping duty proceedings: INDIA: Stainless Steel Wire Rod, A–533–808 ...... 12/1/02–11/30/03 Chandan Steel, Ltd.1 THE PEOPLE’S REPUBLIC OF CHINA: Folding Gift Boxes,2 A–570–866 ...... 1/1/03–12/31/03 Red Point Paper Products Co., Ltd. Countervailing Duty Proceedings None. Suspension Agreements None. 1 We did not include this company in our initiation notice for December cases (69 FR 3117, January 22, 2004), because Chandan requested evaluation as a new shipper, which we denied after the publication of the referenced initiation notice. However, since Chandan also made a time- ly request for an administrative review, we are including Chandan in the 2002–2003 administrative review of stainless steel wire rods from India. 2 If the above named company does not qualify for a separate rate, all other exporters of folding gift boxes from the People’s Republic of China who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named export- ers are a part.

During any administrative review DEPARTMENT OF COMMERCE coated with corrosion-resistant metals covering all or part of a period falling such as zinc, aluminum, or zinc-, between the first and second or third International Trade Administration aluminum-, nickel- or iron-based alloys, and fourth anniversary of the [A–122–822] whether or not corrugated or painted, publication of an antidumping duty varnished or coated with plastics or order under § 351.211 or a Certain Corrosion-Resistant Carbon other nonmetallic substances in determination under § 351.218(f)(4) to Steel Flat Products From Canada: addition to the metallic coating, in coils continue an order or suspended Amended Final Results of (whether or not in successively investigation (after sunset review), the Antidumping Duty Administrative superimposed layers) and of a width of 0.5 inch or greater, or in straight lengths Secretary, if requested by a domestic Review which, if of a thickness less than 4.75 interested party within 30 days of the AGENCY: Import Administration, millimeters, are of a width of 0.5 inch date of publication of the notice of International Trade Administration, or greater and which measures at least initiation of the review, will determine U.S. Department of Commerce. 10 times the thickness or if of a whether antidumping duties have been SUMMARY: On January 16, 2004, the thickness of 4.75 millimeters or more absorbed by an exporter or producer Department of Commerce (the are of a width which exceeds 150 subject to the review if the subject Department) published the final results millimeters and measures at least twice merchandise is sold in the United States of its administrative review of the the thickness, as currently classifiable in through an importer that is affiliated antidumping duty order on certain the Harmonized Tariff Schedule (HTS) with such exporter or producer. The corrosion-resistant carbon steel flat under item numbers 7210.30.0030, request must include the name(s) of the products From Canada for the period 7210.30.0060, 7210.41.0000, exporter or producer for which the August 1, 2001 through July 31, 2002. 7210.49.0030, 7210.49.0090, inquiry is requested. See Certain Corrosion-Resistant Carbon 7210.61.0000, 7210.69.0000, Steel Flat Products From Canada: Final 7210.70.6030, 7210.70.6060, Interested parties must submit Results of Antidumping Duty applications for disclosure under 7210.70.6090, 7210.90.1000, Administrative Review (69 FR 2566 7210.90.6000, 7210.90.9000, administrative protective orders in (January 16, 2004) (Final Results). We accordance with 19 CFR 351.305. 7212.20.0000, 7212.30.1030, are amending our final results to correct 7212.30.1090, 7212.30.3000, These initiations and this notice are ministerial errors alleged by United 7212.30.5000, 7212.40.1000, in accordance with section 751(a) of the States Steel Corporation (Petitioner) 7212.40.5000, 7212.50.0000, Tariff Act of 1930, as amended (19 pursuant to section 751(h) of the Tariff 7212.60.0000, 7215.90.1000, U.S.C. 1675(a)), and 19 CFR Act of 1930, as amended (the Act). 7215.90.3000, 7215.90.5000, 351.221(c)(1)(i). EFFECTIVE DATE: February 24, 2004. 7217.20.1500, 7217.30.1530, Dated: February 19, 2004. FOR FURTHER INFORMATION CONTACT: Elfi 7217.30.1560, 7217.90.1000, Blum-Page or Christian Hughes, Office 7217.90.5030, 7217.90.5060, and Holly A. Kuga, of Antidumping/Countervailing Duty 7217.90.5090. Included in this review Acting Deputy Assistant Secretary, Group II Enforcement VII, Import are corrosion-resistant flat-rolled for Import Administration. Administration, International Trade products of non-rectangular cross- [FR Doc. 04–3984 Filed 2–23–04; 8:45 am] Administration, U.S. Department of section where such cross-section is BILLING CODE 3510–DS–P Commerce, 14th Street and Constitution achieved subsequent to the rolling Avenue, NW., Washington, DC 20230; process (i.e., products which have been telephone (202) 482–0197 or (202) 482– ‘‘worked after rolling’’)— for example, 0190, respectively. products which have been beveled or SUPPLEMENTARY INFORMATION: rounded at the edges. Excluded from this review are flat-rolled steel products Scope of the Antidumping Duty Order either plated or coated with tin, lead, The product covered by this chromium, chromium oxides, both tin antidumping duty order is certain and lead (‘‘terne plate’’), or both corrosion-resistant steel, and includes chromium and chromium oxides (‘‘tin- flat-rolled carbon steel products, of free steel’’), whether or not painted, rectangular shape, either clad, plated, or varnished or coated with plastics or

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other nonmetallic substances in contemporaneity window and at the accordance with section 751(h) of the addition to the metallic coating. Also same level of trade (LOT) as the U.S. Act and 19 CFR 351.224, that these two excluded from this review are clad sale, before matching to home market allegations constitute ministerial errors. products in straight lengths of 0.1875 sales of identical or most similar In the Issues and Decision inch or more in composite thickness merchandise at a different LOT within Memorandum, we stated that we were and of a width which exceeds 150 the 90/60 day contemporaneity window. going to match HM sales of identical or millimeters and measures at least twice In the Issues and Decision most similar merchandise made within the thickness. Also excluded from this Memorandum accompanying the final the 90/60 day contemporaneity window review are certain clad stainless flat- results of review 1 the Department stated and at the same LOT as the U.S. sale. rolled products, which are three-layered that it had made such a correction. However, the programming language corrosion-resistant carbon steel flat- Petitioner suggests programming did not reflect our intent. Moreover, rolled products less than 4.75 language to correct this alleged there were U.S. dollar-denominated millimeters in composite thickness that ministerial error. In addition, Petitioner components of the REVENUH consist of a carbon steel flat-rolled alleges that the Department, when calculation that we did not convert into product clad on both sides with calculating home market revenues, Canadian dollars. Therefore, we are stainless steel in a 20%-60%-20% ratio. REVENUH, in its model-match program, amending the final results to correct the did not convert U.S. dollar-denominated above-mentioned ministerial errors. All Amendment of Final Results components of this calculation to changes to the programming language in On January 16, 2004, the Department Canadian dollars, thereby inadvertently the model-match and margin calculation published the final results for its review adding together U.S. and Canadian program can be found in the analysis of the antidumping duty order on dollars for home market revenues. memorandum for the amended final certain corrosion-resistant carbon steel Respondent did not file comments in results. See Memorandum To File: flat products. See Final Results. In response to Petitioner’s ministerial error Analysis of Dofasco, Inc. and Sorevco, accordance with section 751(h) of the allegations. Inc. (Dofasco) for the Amended Final Act and 19 CFR 351.224(c)(2), on The Act, as well as the Department’s Results of the Ninth Administrative January 20, 2004, Petitioner timely filed regulations, define a ministerial error as Review of Corrosion-Resistant Carbon an allegation that the Department made one involving ‘‘addition, subtraction, or Steel Flat Products from Canada, dated ministerial errors in the final results. other arithmetic function, clerical error February 13, 2004. Petitioner contends that in its Final resulting from inaccurate copying, Furthermore, we note that, in the Results, the Department inadvertently duplication or the like, and any similar Summary section of the Final Results, did not correct its programming type of unintentional error which the the Department inadvertently referenced language in the model-match and Secretary considers ministerial.’’ See an inaccurate review period. The correct margin calculation programs to match section 751(h) of the Act and 19 CFR period of this review is August 1, 2001 U.S. sales first to home market sales of 351.224(f). through July 31, 2002. identical or most similar merchandise After reviewing Petitioner’s The revised weight-averaged dumping made within the 90/60 day allegations, we have determined, in margin is as follows:

Manufacturer/exporter Time period Margin

Dofasco Inc...... 08/01/01–07/31/02 1.87 percent.

The revised cash deposit rate for Dated: February 18, 2004. U.S. Department of Commerce, Franklin Dofasco shown above is effective on all James J. Jochum, Court Building, 1099 14th Street, NW., shipments of the subject merchandise Assistant Secretary for Import Washington, DC. entered, or withdrawn from warehouse, Administration. Docket Number: 03–052. Applicant: for consumption on or after the date of [FR Doc. 04–3982 Filed 2–23–04; 8:45 am] National Institute of Standards and publication of this notice, and will BILLING CODE 3510–DS–P Technology, Gaithersburg, MD 20899. remain in effect until publication of the Instrument: Dual Beam Scanning final results of the next administrative Electron and Focused Ion Beam review. Accordingly, the Department DEPARTMENT OF COMMERCE Microscope System, Model Nova 600 will determine, and U.S. Customs and NanoLab. Manufacturer: FEI Company, International Trade Administration Border Protection will assess, The Netherlands. Intended Use: See antidumping duties on all entries of National Institute of Standards and notice at 68 FR 69659, December 15, subject merchandise from Dofasco Technology; Notice of Decision on 2003. during the period August 1, 2001 Application for Duty-Free Entry of Comments: None received. Decision: through July 31, 2002, in accordance Scientific Instrument Approved. No instrument of equivalent with these amended final results. scientific value to the foreign Consequently, we are issuing and This decision is made pursuant to instrument, for such purposes as it is publishing these amended final results section 6(c) of the Educational, intended to be used, is being and notice in accordance with sections Scientific, and Cultural Materials manufactured in the United States. Importation Act of 1966 (Pub. L. 89– Reasons: The foreign instrument 751(a)(1), 751(h), and 777(i) of the Act, 651, 80 Stat. 897; 15 CFR part 301). provides state-of-the-art capabilities for as well as 19 CFR 351.224(f). Related records can be viewed between performing nanoscale metrology 8:30 a.m. and 5 p.m. in Suite 4100W, including: (1) Operation at both high

1 See Issues and Decision Memorandum accompanying the Final Results at comment 2.

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and low vacuum and electron energies; transmission electron microscope 2. Services (2) high accuracy laser interferometry; (CTEM) and is intended for research or All export-related services, including, and (3) a specially adapted stage to scientific educational uses requiring a but not limited to, international market accommodate large samples for CTEM. We know of no CTEM, or any research, marketing, advertising, sales integrated circuit applications. Sandia other instrument suited to these promotion, brokering, handling, National Laboratories and a university purposes, which was being transportation, common marking and research center advise that (1) These manufactured in the United States at the identification, communication and capabilities are pertinent to the time of order of each instrument. processing of foreign orders to and for applicant’s intended purpose and (2) it members, financing, export licensing knows of no domestic instrument or Gerald A. Zerdy, Program Manager, Statutory Import Programs and other trade documentation, apparatus of equivalent scientific value warehousing, shipping, legal assistance, to the foreign instrument for the Staff. [FR Doc. 04–3980 Filed 2–23–04; 8:45 am] foreign exchange and taking title to applicant’s intended use. goods. We know of no other instrument or BILLING CODE 3510–DS–P apparatus of equivalent scientific value 3. Technology Rights to the foreign instrument which is being DEPARTMENT OF COMMERCE Technology rights, including, but not manufactured in the United States. limited to, patents, trademarks, Gerald A. Zerdy, International Trade Administration copyrights and trade secrets that relate Program Manager, Statutory Import Programs to products and services. Staff. Export Trade Certificate of Review 4. Export Trade Facilitation Services (As [FR Doc. 04–3981 Filed 2–23–04; 8:45 am] They Relate to the Export of Products, BILLING CODE 3510–DS–P ACTION: Notice of issuance of an Export Services and Technology Rights) Trade Certificate of Review, Application No. 03–00007. Export trade facilitation services, DEPARTMENT OF COMMERCE including, but not limited to, SUMMARY: The Department of Commerce professional services and assistance International Trade Administration issued an Export Trade Certificate of relating to: Government relations; State Review to the Great Lakes Fruit and Federal export programs; foreign National Renewable Energy trade and business protocol; consulting; Laboratory, et al.; Notice of Exporters Association, LLC (GLFEA), on December 15, 2003. This notice market research and analysis; collection Consolidated Decision on Applications of information on trade opportunities; for Duty-Free Entry of Electron summarizes the conduct for which certification has been granted. marketing; negotiations; joint ventures; Microscopes shipping and export management; This is a decision consolidated FOR FURTHER INFORMATION CONTACT: export licensing; advertising; pursuant to section 6(c) of the Jeffrey C. Anspacher, Director, Office of documentation and services related to Educational, Scientific, and Cultural Export Trading Company Affairs, compliance with customs requirements; Materials Importation Act of 1966 (Pub. International Trade Administration, by insurance and financing; trade show L. 89–651, 80 Stat. 897; 15 CFR part telephone at (202) 482–5131 (this is not exhibitions; organizational 301). Related records can be viewed a toll-free number) or E-mail at development; management and labor between 8:30 a.m. and 5 p.m. in Suite [email protected]. strategies; transfer of technology; transportation services; and the 4100W, Franklin Court Building, U.S. SUPPLEMENTARY INFORMATION: Title III of formation of shippers’ associations. Department of Commerce, 1099 14th the Export Trading Company Act of Street, NW., Washington, DC. 1982 (15 U.S.C. 4001–21) authorizes the Export Markets Docket Number: 03–051. Applicant: Secretary of Commerce to issue Export National Renewable Energy Laboratory, The export markets include all parts Trade Certificates of Review. The Golden, CO 80401. Instrument: Electron of the world except the United States regulations implementing Title III are Microscope, Model Tecnai G 2 20 TWIN. (the 50 States of the United States, the found at 15 CFR part 325 2003). The Manufacturer: FEI Company, the District of Columbia, the Office of Export Trading Company Netherlands. Intended Use: See notice at Commonwealth of Puerto Rico, the Affairs (‘‘OETCA’’) is issuing this notice 68 FR 69659, December 15, 2003. Order Virgin Islands, American Samoa, Guam, pursuant to 15 CFR 325.6(b), which Date: August 27, 2003. the Commonwealth of the Northern Docket Number: 03–054. Applicant: requires the Department of Commerce to Mariana Islands, and the Trust Territory Frostburg State University, Frostburg, publish a summary of a Certificate in of the Pacific Islands). MD 21532. Instrument: Electron the Federal Register. Under section 305 (a) of the Act and 15 CFR 325.11(a), any Export Trade Activities and Methods of Microscope, Model JEM–1011. Operation Manufacturer: JEOL Ltd., Japan. person aggrieved by the Secretary’s Intended Use: See notice at 68 FR determination may, within 30 days of 1. With respect to the sale of products 74217, December 23, 2003. Order Date: the date of this notice, bring an action and services, licensing of technology August 14, 2003. in any appropriate district court of the rights and provisions of export trade Comments: None received. Decision: United States to set aside the facilitation services, GLFEA on its own Approved. No instrument of equivalent determination on the ground that the or on behalf of any of its members may: scientific value to the foreign determination is erroneous. a. Establish sale prices, minimum sale instrument, for such purposes as these Description of Certified Conduct prices, target sale prices and/or instruments are intended to be used, minimum target sale prices and other was being manufactured in the United Export Trade: terms of sale in export markets; States at the time the instruments were 1. Products b. Conduct marketing and distribution ordered. Reasons: Each foreign of fresh apples in export markets; instrument is a conventional Fresh apples. c. Conduct promotion of fresh apples;

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d. Agree on quantities of fresh apples members (including export price 2, notice is hereby given that the to be sold provided that each member information); and Visiting Committee on Advanced shall be required to dedicate only that h. Information about export customer Technology, National Institute of quantity or quantities as each member credit terms and credit history. Standards and Technology (NIST), will shall independently determine. 3. GLFEA and its members may meet meet Tuesday, March 16, 2004, from e. Allocate geographic areas or to engage in the activities described in 8:15 a.m. to 5 p.m. The Visiting countries in the export markets and/or items 1 and 2 above. Committee on Advanced Technology is customers in export markets among Members (Within the Meaning of composed of fifteen members appointed members. Section 325.2(l) of the Regulations) by the Director of NIST; who are f. Refuse to quote prices for fresh eminent in such fields as business, apples, or to market or sell fresh apples, Greg Orchards and Produce, Inc., research, new product development, to or for any customers in the export Benton Harbor, Michigan; Riveridge engineering, labor, education, markets, or any countries or geographic Produce Marketing, Inc., Sparta, management consulting, environment, areas in the export markets. Michigan; North Bay Produce, Inc., and international relations. The purpose g. Enter into exclusive and Traverse City, Michigan; Applewood of this meeting is to review and make nonexclusive agreements appointing Orchards, Inc., Deerfield, Michigan; recommendations regarding general one or more export intermediaries for Heeren Brothers Inc., d/b/a Heeren policy for the Institute, its organization, the sales of fresh apples with price, Brothers Produce, Grand Rapids, its budget, and its programs within the quantity, territorial and/or customer Michigan; Greenridge Fruit, Inc., Grand framework of applicable national restrictions as provided above. Rapids, Michigan; Jack Brown Produce, policies as set forth by the President and 2. GLFEA and it members may Inc., Sparta, Michigan; BelleHarvest the Congress. The agenda will include exchange and discuss the following Sales, Inc., Belding, Michigan; A.J.’s updates on NIST and Management information: Produce Inc., Casnovia, Michigan; and Priorities, facilities, NIST a. Information about sale and Appletree Marketing LLC, Ada, Administrative Efficiency and marketing efforts for the export markets, Michigan. Review continue to comply Effectiveness, and the Manufacturing activities and opportunities for sales of with the standards of section 303(a) of Extension Partnership Program, as well fresh apples in the export markets, the Act. as tours of the Advanced Measurement selling strategies for the export markets, Protection Provided by Certificate Laboratory. Discussions scheduled to sales for the export markets, contract begin at 8:15 a.m. and to end at 9:25 This Certificate protects GLFEA and and spot pricing in the export markets, a.m. and to begin at 2:45 p.m. to end at its directors, officers, and employees projected demands in the export 5 p.m. on March 16, on the NIST acting on its behalf, as well as its markets for fresh apples, customary budget, planning information and terms of sale in the export markets, members, and their directors, officers, feedback sessions will be closed. prices and availability of fresh apples and employees acting on their behalf, Agenda may change to accommodate from competitors for sale in the export from private treble damage actions and Committee business. The final agenda markets, and specifications for fresh governmental criminal and civil suits will be posted on the NIST Web site. All apples by customers in the export under U.S. Federal and State antitrust visitors to the National Institute of markets; laws for the export conduct specified in Standards and Technology site will b. Information about the price, the Certificate and carried out during its have to pre-register to be admitted. quality, quantity, source, and delivery effective period in compliance with its Please submit your name, time of dates of fresh apples available from the terms and conditions. arrival, e-mail address and phone members to export; Definitions number to Carolyn Peters no later than c. Information about terms and Thursday, March 11, 2004, and she will 1. ‘‘Supplier’’ means a person who conditions of contracts for sale in the provide you with instructions for produces, provides, or sells a product export markets to be considered and/or admittance. Mrs. Peter’s e-mail address and/or service. bid on by GLFEA and its members; is [email protected] and her d. Information about joint bidding or Dated: February 17, 2004. phone number is (301) 975–5607. selling arrangements for the export Jeffrey C. Anspacher, DATES: The meeting will convene March markets and allocations of sales Director, Office of Export Trading Company 16 at 8:15 a.m. and will adjourn at 5 resulting from such arrangements Affairs. p.m. among the members; [FR Doc. 04–3871 Filed 2–23–04; 8:45 am] ADDRESSES: The meeting will be held in e. Information about expenses specific BILLING CODE 3510–DR–P to exporting to and within the export the Employees Lounge, Administration markets, including without limitation, Building, at NIST, Gaithersburg, transportation, trans- or intermodel DEPARTMENT OF COMMERCE Maryland. Please note admittance shipments, insurance, inland freights to instructions under SUMMARY paragraph. port, port storage, commissions, export National Institute of Standards and FOR FURTHER INFORMATION CONTACT: sales, documentation, financing, Technology Carolyn J. Peters, Visiting Committee on customs, duties, and taxes; Advanced Technology, National f. Information about U.S. and foreign Visiting Committee on Advanced Institute of Standards and Technology, legislation and regulations, including Technology Gaithersburg, Maryland 20899–1004, Federal marketing order programs, AGENCY: National Institute of Standards telephone number (301) 975–5607. affecting sales for the export markets; and Technology; Department of SUPPLEMENTARY INFORMATION: The g. Information about GLFEA or its Commerce. Assistant Secretary for Administration, members’ export operations, including ACTION: Notice of partially closed with the concurrence of the General without limitation, sales and meeting. Counsel, formally determined on distribution networks established by December 24, 2004, that portions of the GLFEA or its members in the export SUMMARY: Pursuant to the Federal meeting of the Visiting Committee on markets, and prior export sales by Advisory Committee Act, 5 U.S.C. app. Advanced Technology which deal with

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discussion of sensitive budget and protecting this species and has an honorarium for participating in the planning information that would cause identified numerous potential pilot pre-test activities. harm to third parties if publicly shared protection options, and begun Up to 1,300 recruitment phone calls be closed in accordance with section implementing selected options, to this are anticipated to be made to recruit the 10(d) of the Federal Advisory end (68 FR 204). Since different 130 participants. At 3 minutes apiece, Committee Act, 5 U.S.C. app. 2. management options are available to this amounts to 65 hours. The survey is Dated: February 19, 2004. protect Steller sea lions, it is important expected to take approximately 25 to understand the public’s attitudes Arden L. Bement, Jr., minutes to complete, while the toward the variety of potential impacts Director. debriefing will be about 15 additional on Steller sea lions, Alaskan fisheries minutes, for a total of about 40 minutes [FR Doc. 04–4001 Filed 2–23–04; 8:45 am] and fishing communities, and the BILLING CODE 3510–13–P or 0.67 hours for the entire process. nation. This information is currently not Thus, we estimate the total respondent available, yet is crucial to ensure the time burden to be 151.67 hours efficient management of Alaskan DEPARTMENT OF COMMERCE (rounded to 152) (130 participants fisheries and protection of Steller sea multiplied by 0.67 hours plus the time lions. National Oceanic and Atmospheric for recruitment calls). Administration The pilot survey instrument will present the latest information on Steller III. Data [I.D. 021804B] sea lions, current population trends, alternative management options, and OMB Number: None. Proposed Information Collection; likely impacts of management options. Form Number: None. Comment Request; Steller Sea Lion The survey is expected to ask Type of Review: Regular submission. Protection Pilot Economic Survey respondents for information regarding AGENCY: National Oceanic and their knowledge and opinions of Steller Affected Public: Individuals or Atmospheric Administration (NOAA). sea lions, other endangered species, households. ACTION: Notice. Alaska fisheries and communities, and Estimated Number of Respondents: potential goals and impacts of 1,300 in recruitment; 130 in pilot pre- SUMMARY: The Department of management options available to protect test activities. Commerce, as part of its continuing the endangered population of Steller sea Estimated Time Per Response: 3 effort to reduce paperwork and lions, in addition to standard socio- minutes per recruitment; 40 minutes for respondent burden, invites the general demographic information needed to pilot pre-test activities. public and other Federal agencies to classify respondents. The pilot pre-test take this opportunity to comment on will gather a sufficient number of Estimated Total Annual Burden proposed and/or continuing information responses to evaluate the information Hours: 152. collections, as required by the presentation, reliability, internal Estimated Total Annual Cost to Paperwork Reduction Act of 1995, consistency, response variability, and Public: $0. Public Law 104–13 (44 U.S.C. other properties of a newly developed 3506(c)(2)(A)). survey. Results from these activities will IV. Request for Comments be used to make improvements to the DATES: Written comments must be survey instrument. Comments are invited on: (a) whether submitted on or before April 26, 2004. the proposed collection of information ADDRESSES: Direct all written comments II. Method of Collection is necessary for the proper performance to Diana Hynek, Departmental Since the data collected in the pilot of the functions of the agency, including Paperwork Clearance Officer, pre-test is not intended to be used to whether the information shall have Department of Commerce, Room 6625, generate national estimates, non- practical utility; (b) the accuracy of the 14th and Constitution Avenue, NW, probability sampling methods will be agency’s estimate of the burden Washington, DC 20230 (or via the employed to select a sample that is (including hours and cost) of the Internet at [email protected]). sufficiently diverse for the purposes of proposed collection of information; (c) FOR FURTHER INFORMATION CONTACT: providing a range of feedback on the ways to enhance the quality, utility, and Requests for additional information survey instrument. It is anticipated that clarity of the information to be should be directed to Dr. Dan Lew, the pilot survey will be given to collected; and (d) ways to minimize the National Marine Fisheries Service, approximately 130 voluntary burden of the collection of information Alaska Fisheries Science Center, 7600 respondents recruited by telephone in on respondents, including through the Sand Point Way NE, Seattle, WA 98115; 3–4 areas of the continental U.S. and use of automated collection techniques telephone: (206) 526–4252; fax: (206) Alaska. Telephone recruitment calls are or other forms of information 526–6723; e-mail: [email protected]. expected to be brief, lasting up to about technology. SUPPLEMENTARY INFORMATION: 3 minutes each. Individuals who agree Comments submitted in response to to participate in the pilot pre-test will be this notice will be summarized and/or I. Abstract asked to meet with survey included in the request for OMB The National Marine Fisheries Service administrators at a nearby central approval of this information collection; (NMFS) plans to conduct a pilot survey survey administration location where they also will become a matter of public with the objective of testing a survey they will self-administer the survey and record. instrument that will be used to collect participate in a one-on-one follow-up data for measuring the preferences that debriefing. This debriefing involves a Dated: February 18, 2004. U.S. residents have toward protecting survey administrator asking a set of Gwellnar Banks, the Steller sea lion (Eumetopias questions about the survey to elicit Management Analyst, Office of the Chief jubatus), which is a listed species under feedback about key design and Information Officer. the Endangered Species Act of 1973 (16 conceptual components of the survey [FR Doc. 04–4022 Filed 2–23–04; 8:45 am] U.S.C. 35). NMFS is charged with instrument. Respondents will be given BILLING CODE 3510–22–S

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DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE 1:15 p.m.–1:45 p.m.—Receive the report on the Southeast Data and National Oceanic and Atmospheric National Oceanic and Atmospheric Review (SEDAR) Steering Committee Administration Administration meeting. [I.D. 021104A] [I.D. 021704C] 1:45 p.m.–2 p.m.—Receive the South Atlantic Fishery Management Council International Whaling Commission Gulf of Mexico Fishery Management (SAFMC) Liaison Report. Nominations Council; Public Meetings 2 p.m.–2:15 p.m.—Receive a report on AGENCY: National Marine Fisheries AGENCY: National Marine Fisheries the Gulf Safety Committee. Service (NMFS), NationalOceanic and Service (NMFS), National Oceanic and 2:15 p.m.–2:30 p.m.—Receive a report Atmospheric Administration (NOAA), Atmospheric Administration (NOAA), on the Joint Council meeting. Commerce. Commerce. 2:30 p.m.–2:45 p.m.—Receive the ACTION: Request for nominations. ACTION: Notice of public meeting. NMFS Billfish/Highly Migratory Species Advisory Panel (HMS AP) meeting SUMMARY: This notice is a call for SUMMARY: The Gulf of Mexico Fishery reports. nominees for the U.S. Delegation to the Management Council will convene July 2004 International Whaling public meetings. 2:45 p.m.–3 p.m.—Receive Enforcement Reports. Commission (IWC) annual meeting. DATES: The meetings will be held on DATES: All nominations for the U.S. March 8–12, 2004. 3 p.m.–3:15 p.m.—Receive the NMFS Regional Administrator’s Report. Delegation to the IWC annual meeting ADDRESSES: These meetings will be held must be received by April 9, 2004. at the Adam’s Mark Hotel, 64 South 3:15 p.m.–3:30 p.m.—Receive ADDRESSES: All nominations for the U.S. Water Street, Mobile, AL; telephone: Director’s Reports. Delegation to the IWC annual meeting 251–438–4000. 3:30 p.m.–3:45 p.m.—Other Business should be addressed to Rolland Council address: Gulf of Mexico March 8, 2004 Schmitten, U.S. Commissioner to the Fishery Management Council, 3018 U.S. IWC, and sent via post to: Chris Yates, Highway 301 North, Suite 1000, Tampa, 8 a.m.–9:30 a.m.—Convene the 13708, Office of Protected Resources, FL 33619. Shrimp Management Committee to National Marine Fisheries Service, 1315 FOR FURTHER INFORMATION CONTACT: review Draft Shrimp Amendment 13. East West Highway, Silver Spring, MD Wayne E. Swingle, Executive Director, 20910. Prospective Congressional 9:30 a.m.–11:30 a.m.—Convene the Gulf of Mexico Fishery Management Budget Committee in a closed session to advisors to the delegation should Council; telephone: (813) 228–2815. contact the Department of State directly. review bids to hire a court reporter. The SUPPLEMENTARY INFORMATION: Budget Committee meeting will then be FOR FURTHER INFORMATION CONTACT: Council open to the public to discuss the cost of Chris Yates, 301-713-2322, Extension new microphones and a Florida State 114. March 11, 2004 University economic data collection SUPPLEMENTARY INFORMATION: The 8:30 a.m.—Convene. proposal. Secretary of Commerce is charged with 8:45 a.m.–11:30 a.m.—Receive public 1 p.m.–5:30 p.m.—Convene the Reef the responsibility of discharging the testimony on the Draft Reef Fish Fish Management Committee to review obligations of theUnited States under Amendment 22 (Red Snapper the Public Hearing Draft of Vermilion the International Convention for the Rebuilding Plan) and the final Snapper Amendment 23 that contains Regulation of Whaling, 1946. The U.S. Environmental Impact Statement (EIS) alternatives for arresting overfishing of commissioner has primary for Essential Fish Habitat (EFH). that stock by commercial and 1 p.m.–4:30 p.m.—Receive the Reef responsibility for the preparation and recreational fishermen. The committee Fish Management Committee report. negotiation of U.S. positions on will also review and take final action on 4:30 p.m.–5:30 p.m.—(Closed Session) international issues concerning whaling the Final Reef Fish Amendment 22 (red Receive the report of the Joint and for all matters involving the IWC. snapper rebuilding program). An Personnel/Administrative Policy He is staffed by the Department of options paper for Reef Fish Amendment Committee. Commerce and assisted by the 18 pertaining to the grouper fishery will Department of State, the Department of March 12, 2004 be discussed. The following issues will the Interior, Marine Mammal also be reviewed: The Southeast Commission, and by other agencies. The 8:30 a.m.–9 a.m.—Receive the Habitat Protection Committee report. Fisheries Science Center (SEFSC) non-federal representative(s) selected as recommendations on grouping a result of this nomination process 9 a.m.–9:30 a.m.—Receive the Joint Reef Fish/Mackerel/Red Drum amberjacks, tilefish, and deepwater is(are) responsible for providing input groupers; U.S. Coast Guard rules for and recommendations to the U.S. IWC Management Committee report. 9:30 a.m.–10 a.m.—Receive the Joint crew size of inspected recreational for- Commissioner representing the hire vessels; the SAFMC’s action on positions of non-governmental Reef Fish/Mackerel Management Committee report. yellowtail snapper; and a status report organizations. on the red snapper IFQ referendum. The The IWC is hosting its 56th annual 10 a.m.–11 a.m.—Receive the Shrimp Committee will ratify and/or add to the meeting from July 19-22, 2004, in Management Committee report. SEDAR pool and panel membership for Sorrento, Italy. 11 a.m.–11:15 a.m.—Receive the Budget Committee Report. each of the SEDAR workshops during Dated: February 19, 2004. 11:15 a.m.–11:30 a.m.—Receive the 2004 and 2005 for stocks of king Laurie K. Allen, Joint Personnel/Administrative mackerel, red snapper, vermilion Director, Office of Protected Resources, Committee report. snapper, and greater amberjack. The National Marine Fisheries Service. 1 p.m.–1:15 p.m.—Receive the report Committee will develop [FR Doc. 04–4024 Filed 2–23–04; 8:45 am] on the Marine Recreational Fishery recommendations for consideration by BILLING CODE 3510–22–S Statistics Survey (MRFSS) meeting. full Council on Thursday afternoon.

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March 9, 2004 DEPARTMENT OF COMMERCE seizures, routine medical procedures and neutering, and would be available 8:30 a.m.–11:30 a.m.—Continue with National Oceanic and Atmospheric for opportunistic research. The the Reef Fish Management Committee. Administration applicant has been issued a five-year 1 p.m.–2:30 p.m.—Convene the [I.D. 102203A] permit. Habitat Protection Committee to review Issuance of this permit, as required by the final EIS for the Generic EFH Marine Mammals; File No. 116–1697 the ESA, was based on a finding that Amendment; and to discuss Council such permit (1) was applied for in good participation in the Southeast Aquatic AGENCY: National Marine Fisheries faith, (2) will not operate to the Resources Partnership (SARP). Service (NMFS), National Oceanic and disadvantage of the endangered species 2:30 p.m.–5 p.m.—Convene the Joint Atmospheric Administration (NOAA), which is the subject of this permit, and Reef Fish/Mackerel Committees to Commerce. (3) is consistent with the purposes and review hearing comments on the Joint ACTION: Issuance of permit. policies set forth in section 2 of the Reef Fish/Mackerel Limited Access ESA. Scoping Document. The committees SUMMARY: Notice is hereby given that Dated: February 18, 2004. will also review the Scoping Document Sea World Inc., 7007 Sea World Drive, Stephen L. Leathery, for Extension of the Charter Vessel Orlando, FL 32821, has been issued a Permit Moratorium. permit to take one Guadalupe fur seal Chief, Permits, Conservation and Education Division, Office of Protected Resources, March 10, 2004 (Arctocephalus townsendi) for purposes National Marine Fisheries Service. of enhancement. [FR Doc. 04–4020 Filed 2–23–04; 8:45 am] 8:30 a.m.–12 noon—Convene the Joint ADDRESSES: The permit and related BILLING CODE 3510–22–S Personnel/Administrative Policy documents are available for review Committees in a closed session to upon written request or by appointment address personnel issues and review the in the following office(s): DEPARTMENT OF COMMERCE Administrative Handbook and Permits, Conservation and Education Statement of Organizational Practices Division, Office of Protected Resources, National Oceanic and Atmospheric and Procedures (SOPPs). NMFS, 1315 East-West Highway, Room Administration 1:30 p.m. to 4:30 p.m.—Convene the 13705, Silver Spring, MD 20910; phone [I.D. 020404G] Joint Reef Fish/Mackerel/Red Drum (301)713–2289; fax (301)713–0376; Committees to receive a presentation on Southwest Region, NMFS, 501 West Marine Mammals; File Nos. 42–1642, a Cage Culture Study; review hearing Ocean Blvd., Suite 4200, Long Beach, 482–1653, and 1026–1671 comments on the Offshore Aquaculture CA 90802–4213; phone (562)980–4001; Amendment Scoping Document; and fax (562)980–4018. AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and receive a presentation on the NMFS FOR FURTHER INFORMATION CONTACT: Atmospheric Administration (NOAA), Regional Bycatch Plan. Amy Sloan or Jennifer Skidmore, Commerce. Although non-emergency issues not (301)713–2289. contained in the agenda may come ACTION: Receipt of applications for SUPPLEMENTARY INFORMATION: before the Council for discussion, in On April permit amendments. accordance with the Magnuson-Stevens 18, 2003, notice was published in the SUMMARY: Fishery Conservation and Management Federal Register (68 FR 19193) that a Notice is hereby given that Act (MSFCMA), those issues may not be request for an enhancement permit to the following applicants have applied in the subject of formal Council action take the species identified above had due form for a permit amendment to take marine mammals for purposes of during this meeting. Council action will been submitted by the above-named scientific research: be restricted to those issues specifically organization. The requested permit has Mystic Aquarium, 55 Coogan Blvd., identified in this notice and any issues been issued under the authority of the Marine Mammal Protection Act of 1972, Mystic, CT 06355 (Dr. Lisa Mazarro, arising after publication of this notice Principal Investigator); that require emergency action under as amended (16 U.S.C. 1361 et seq.), the Regulations Governing the Taking and James Gilbert, Ph.D., University of section 305 (c) of the MSFCMA, Maine, Department of Wildlife Ecology, provided the public has been notified of Importing of Marine Mammals (50 CFR part 216), the Endangered Species Act of 210 Nutting Hall, Orono, Maine 04469; the Council’s intent to take final action and to address the emergency. A copy of the 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), and the regulations governing Belinda L. Rubinstein, New England Committee schedule and agenda can be Aquarium, Central Wharf, Boston, MA obtained by calling (813) 228–2815. the taking, importing, and exporting of endangered and threatened species (50 02110. Special Accommodations CFR parts 222–226). DATES: Written or telefaxed comments These meetings are physically This permit authorizes maintenance on the amendment requests must be accessible to people with disabilities. of one non-releaseable rehabilitated received on or before March 25, 2004. Requests for sign language juvenile male Guadalupe fur seal at Sea ADDRESSES: The applications and interpretation or other auxiliary aids World of California (and other Sea related documents are available for should be directed to Anne Alford at the World facilities if relocation is review upon written request or by Council (see ADDRESSES) by March 1, necessary) for enhancement purposes. appointment in the following office(s): 2004. The animal has recurring grand mal All documents: Permits, Conservation seizures and thus, release of this animal and Education Division, Office of Dated: February 18, 2004. may be detrimental to the wild Protected Resources, NMFS, 1315 East- Tracey Thompson, population due to the undetermined West Highway, Room 13705, Silver Acting Director, Office of Sustainable cause of the condition and the Spring, MD 20910; phone (301)713– Fisheries, National Marine Fisheries Service. possibility that it may be hereditary. 2289; fax (301)713–0376; and [FR Doc. E4–353 Filed 2–23–04; 8:45 am] The animal would be provided with Northeast Region, NMFS, One BILLING CODE 3510–22–S daily husbandry care and treatment for Blackburn Drive, Gloucester, MA

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01930–2298; phone (978)281–9200; fax this request are (1) to expand sources of include: milk collection from lactating (978)281–9371. samples for currently permitted studies; adult females with a pup (up to 10 FOR FURTHER INFORMATION CONTACT: (2) to include health studies of Brucella handling takes of pups of each species); Amy Sloan, Ruth Johnson, or Tammy in a variety of marine mammal species; an increase in the total number of Adams, 301/713–2289. (3) to investigate the effects of captures of each species by 25 SUPPLEMENTARY INFORMATION: The environmental ‘‘stressors’’ on the individuals (from 50 animals to 75) to subject amendments are requested immune system and health of marine account for animals that might escape or under the authority of the Marine mammals; and (4) to characterize and may need to be released prior to Mammal Protection Act of 1972, as investigate the marine mammal nervous sampling due to health or other factors; amended (MMPA; 16 U.S.C. 1361 et and immune systems. The holder also modifications to existing restraint, seq.), the Regulations Governing the requests a – extension for the permitted weighing, sampling and emergency Taking and Importing of Marine and requested activities. protocols; sampling lesions to Permit No. 482–1653–00 authorizes Mammals (50 CFR part 216), the investigate the prevalence of virus/ the permit holder (James Gilbert) to Endangered Species Act of 1973, as bacteria in the wild populations; rectal capture, mark, sex, measure, blood amended (ESA; 16 U.S.C. 1531 et seq.), temperatures and use of a pulse sample, radio-tag, and monitor via aerial and the regulations governing the oxymeter to monitor animals’ survey harbor seals (Phoca vitulina) in taking, importing, and exporting of conditions during procedures; oral order to study seal depredations at swabs for zoonotic disease studies; and endangered and threatened species (50 Atlantic salmon aquaculture farms in CFR 222–227). ultrasound for blubber thickness New England. measurements. Permit No. 42–1642–02 authorizes the The applicant requests an amendment permit holder (Mystic Aquarium) to to add two additional research tasks: (1) In compliance with the National study levels of vitamins A and E in population structure and foraging Environmental Policy Act of 1969 (42 captive and free-ranging Steller sea lions ecology of harbor seals in New England; U.S.C. 4321 et seq.), an initial (Eumetopias jubatus) in relation to and (2) behavioral and physiological determination has been made that the various life history stages and receive, development of diving in harbor seal activities proposed are categorically import, or export serum, milk, and pups. An increase in the numbers of excluded from the requirement to tissue samples from captive marine harbor seals to be taken is requested (up prepare an environmental assessment or mammals held in facilities within the to 30 neonates, 30 lactating females, and environmental impact statement. United States and abroad to study the 20 weaned pups) per year at each of Written comments or requests for a disease hemochromatosis (accumulation three locations in New England. public hearing on this request should be of iron in tissues) as well as others Incidental captures of any age/sex class submitted to the Chief, Permits, associated with general marine mammal of up to 3 seals per year per location and Conservation and Education Division, health. The permit also authorized incidental disturbance during captures F/PR1, Office of Protected Resources, import of one male Steller sea lion from may occur. Capture and basic NMFS, 1315 East-West Highway, Room the Vancouver Aquarium, Vancouver, processing would include: flipper tag 13705, Silver Spring, MD 20910. Those Canada for breeding with female Steller (with retention of tissue plug for individuals requesting a hearing should sea lions currently held by Mystic genetics), measurements, photograph, 1 set forth the specific reasons why a Aquarium in support of their vitamin A VHF tag (head), blood sample (60 ml), hearing on this particular amendment and E research studies. TDR attachment. A second capture request would be appropriate. The holder requests an amendment to would be done to recover the TDR. Comments may also be submitted by receive, import and export samples from Secondary processing of above animals facsimile at (301)713–0376, provided certain ESA-listed species (Guadalupe would include: muscle biopsy, electrode the facsimile is confirmed by hard copy fur seal (Arctocephalus townsendi), implant to monitor heart rate, blood submitted by mail and postmarked no monk seal (Monachus monachus; draw over 20 minutes, and injection of later than the closing date of the Monachus schauinslandi), Steller sea 40 ml Evans Blue Dye (with sedation). lion, bowhead whale (Balaena Permit No. 1026–1671–00 authorizes comment period. mysticetus), right whale (Eubalaena the permit holder (Belinda Rubinstein) Comments may also be submitted by glacialis), and grey whale (Eschrictius to capture, tag, sample (including tooth e-mail. The mailbox address for robustus) and any non ESA-listed extraction, blubber biopsy, blood and providing email comments is species under NMFS jurisdiction in the milk collection, anal swabs and fecal [email protected]. Include U.S. and abroad (i.e. worldwide). samples), and release solitary animals of in the subject line of the e-mail Samples would be obtained from the five pinniped species, harbor seal, harp comment the following document following sources: (1) routine husbandry seal (Phoca groenlandica), gray seal identifier: File No. 42–1642, 482–1653, samples from captive animals; (2) (Halichoerus grypus), the hooded seal or 1026–1671. stranded animals abroad; (3) legally (Cystophora cristata), and the ringed Concurrent with the publication of subsistence-hunted animals in the U.S. seal (Phoca hispida)in the wild and in this notice in the Federal Register, and abroad; and (4) samples from other rehabilitation facilities. Samples may be NMFS is forwarding copies of this permitted research projects. The number exported and re-imported for analyses. application to the Marine Mammal of samples received per year (up to 500 The purposes of the research are to Commission and its Committee of per species) would not increase. The study habitat utilization using satellite Scientific Advisors. applicant would like to include receipt, telemetry and flipper tagging, determine import or export of all blood stock association, and monitor health of Dated: February 18, 2004. constituents (instead of just serum), an phocids along the east coast of the U.S., Stephen L. Leathery, increased amount of blood (not to from Maine to Virginia. Chief, Permits, Conservation and Education exceed 1% body weight) from 4 to 12 ml The applicant requests an amendment Division, Office of Protected Resources, to 4 to 40 ml, and an increase in the to clarify sampling of lactating females, National Marine Fisheries Service. number of samples received per animal add capture takes, and refine sampling [FR Doc. 04–4023 Filed 2–23–04; 8:45 am] per year from 6 to 30. The objectives of and restraint methodologies. This would BILLING CODE 3510–22–S

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COMMITTEE FOR THE Dear Commissioner: In the letter to the requests prior to submission of these IMPLEMENTATION OF TEXTILE Commissioner, Bureau of Customs and requests to OMB. Each proposed AGREEMENTS Border Protection, dated December 16, 2003 information collection, grouped by (68 FR 71096), the Chairman of CITA office, contains the following: (1) Type Cancellation of Directive Denying directed the Bureau of Customs and Border Protection to deny entry to textiles and of review requested, e.g. new, revision, Entry to Textiles and Textile Products textile products allegedly manufactured by extension, existing or reinstatement; (2) Allegedly Manufactured by a Certain Daewoo El Salvador, S.A. de C.V. The Bureau Title; (3) Summary of the collection; (4) Factory in El Salvador of Customs and Border Protection had Description of the need for, and informed CITA that this company was found proposed use of, the information; (5) February 20, 2004. to have been illegally transshipping, closed Respondents and frequency of AGENCY: Committee for the or unable to produce records to verify collection; and (6) Reporting and/or production. Implementation of Textile Agreements Recordkeeping burden. OMB invites (CITA). Based on information received since that time, CITA has decided to cancel that public comment. The Department of ACTION: Cancelling a directive to the directive. Effective on February 24, 2004, the Education is especially interested in Commissioner, Bureau of Customs and Bureau of Customs and Border Protection public comment addressing the Border Protection to deny entry to should not apply that directive to shipments following issues: (1) Is this collection shipments allegedly manufactured by a of textiles and textile products allegedly necessary to the proper functions of the certain factory in El Salvador manufactured by Daewoo El Salvador, S.A. Department; (2) will this information be de C.V. CITA expects that the Bureau of processed and used in a timely manner; EFFECTIVE DATE: February 24, 2004. Customs and Border Protection will conduct additional on-site verifications of this (3) is the estimate of burden accurate; FOR FURTHER INFORMATION CONTACT: company’s production when possible. (4) how might the Department enhance Janet Heinzen, International Trade The Committee for the Implementation of the quality, utility, and clarity of the Specialist, Office of Textiles and Textile Agreements has determined that this information to be collected; and (5) how Apparel, U.S. Department of Commerce, action falls within the foreign affairs might the Department minimize the (202) 482-3400. exception to the rulemaking provisions of 5 burden of this collection on the U.S.C. 553(a)(1). SUPPLEMENTARY INFORMATION: respondents, including through the use Sincerely, of information technology. Authority: Section 204 of the Agricultural James C. Leonard III, Act of 1956, as amended (7 U.S.C. 1854); Chairman, Committee for the Dated: February 18, 2004. Executive Order 12475 of May 9, 1984, as Implementation of Textile Agreements. Angela C. Arrington, amended. [FR Doc.04–4093 Filed 2–20–04; 11:16 am] Leader, Regulatory Information Management In a notice and letter to the BILLING CODE 3510–DR–S Group, Office of the Chief Information Officer. Commissioner, Bureau of Customs and Border Protection, dated December 16, Office of Postsecondary Education 2003 and published on December 22, DEPARTMENT OF EDUCATION Type of Review: Reinstatement. 2003 (68 FR 71096), the Chairman of Title: Robert C. Byrd Honors CITA directed the Bureau of Customs Notice of Proposed Information Scholarship Program Performance and Border Protection to deny entry, for Collection Requests Report. two years, to textiles and textile Frequency: Annually. AGENCY: products allegedly manufactured by Department of Education. Affected Public: State, Local, or Tribal Daewoo El Salvador, S.A. de C.V. The SUMMARY: The Leader, Regulatory Gov’t, SEAs or LEAs. Bureau of Customs and Border Information Management Group, Office Reporting and Recordkeeping Hour Protection had informed CITA that this of the Chief Information Officer, invites Burden: company was found to have been comments on the proposed information Responses: 57. illegally transshipping, closed or unable collection requests as required by the Burden Hours: 228. to produce records to verify production. Paperwork Reduction Act of 1995. Abstract: This information is required Based upon information received DATES: Interested persons are invited to of State agencies that administer the since that time, CITA has decided to submit comments on or before April 26, Robert C. Byrd Honors Scholarship cancel that directive. Effective on 2004. Program under Title IV, Part A, Subpart February 24, 2004, the Bureau of SUPPLEMENTARY INFORMATION: Section 6 of the Higher Education Act of 1965, Customs and Border Protection should 3506 of the Paperwork Reduction Act of as amended and administered under 34 not apply that directive to shipments of 1995 (44 U.S.C. chapter 35) requires that CFR Part 654. This information is used textiles and textile products allegedly the Office of Management and Budget to monitor the compliance of the state manufactured by Daewoo El Salvador, (OMB) provide interested Federal educational agencies. S.A. de C.V. CITA expects that the agencies and the public an early Requests for copies of the proposed Bureau of Customs and Border opportunity to comment on information information collection request may be Protection will conduct additional on- collection requests. OMB may amend or accessed from http://edicsweb.ed.gov, site verifications of this company’s waive the requirement for public by selecting the ‘‘Browse Pending production when possible. consultation to the extent that public Collections’’ link and by clicking on participation in the approval process link number 2282. When you access the James C. Leonard III, would defeat the purpose of the information collection, click on Chairman, Committee for the Implementation information collection, violate State or ‘‘Download Attachments ‘‘to view. of Textile Agreements. Federal law, or substantially interfere Written requests for information should Committee for the Implementation of Textile with any agency’s ability to perform its be addressed to Vivian Reese, Agreements statutory obligations. The Leader, Department of Education, 400 Maryland February 20, 2004. Regulatory Information Management Avenue, SW., Room 4050, Regional Commissioner of Customs, Group, Office of the Chief Information Office Building 3, Washington, DC Department of the Treasury, Washington, DC Officer, publishes that notice containing 20202–4651 or to the e-mail address 20229. proposed information collection [email protected]. Requests may also

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be electronically mailed to the internet necessary to the proper functions of the DEPARTMENT OF EDUCATION address [email protected] or faxed to Department; (2) will this information be 202–708–9346. Please specify the processed and used in a timely manner; Office of Safe and Drug-Free Schools; complete title of the information (3) is the estimate of burden accurate; Overview Information; Grants To collection when making your request. (4) how might the Department enhance Reduce Alcohol Abuse; Notice Inviting Comments regarding burden and/or the quality, utility, and clarity of the Applications for New Awards for Fiscal the collection activity requirements information to be collected; and (5) how Year (FY) 2004 should be directed to Joe Schubart at his might the Department minimize the e-mail address [email protected]. Catalog of Federal Domestic burden of this collection on the Individuals who use a Assistance (CFDA) Number: 84.184A respondents, including through the use telecommunications device for the deaf DATES: Applications Available: February (TDD) may call the Federal Information of information technology. 24, 2004. Relay Service (FIRS) at 1–800–877– Dated: February 18, 2004. Deadline for Transmittal of 8339. Applications: April 9, 2004. Angela C. Arrington, Deadline for Intergovernmental [FR Doc. 04–3946 Filed 2–23–04; 8:45 am] Leader, Regulatory Information Management Review: April 26, 2004. BILLING CODE 4000–01–P Group, Office of the Chief Information Officer. Eligible Applicants: Local educational Institute of Education Sciences agencies (LEAs). Estimated Available Funds: DEPARTMENT OF EDUCATION Type of Review: New. $5,500,000. The Secretary may reserve up to 25 percent of funds to award Notice of Proposed Information Title: Impact Evaluation of Teacher grants to low-income and rural LEAs. Collection Requests Preparation Methods. Contingent upon the availability of AGENCY: Department of Education. Frequency: On Occasion. funds, we may make additional awards SUMMARY: The Leader, Regulatory Affected Public: State, Local, or Tribal in FY 2005 from the rank-ordered list of Information Management Group, Office Gov’t, SEAs or LEAs; Individuals or non-funded applications from this of the Chief Information Officer, invites household. competition. comments on the proposed information Estimated Range of Awards: Reporting and Recordkeeping Hour collection requests as required by the $250,000–$750,000. Paperwork Reduction Act of 1995. Burden: Responses: 4,000. Burden Estimated Average Size of Awards: Hours: 14,008. DATES: Interested persons are invited to $500,000. submit comments on or before April 26, Abstract: Data collection for impact Estimated Number of Awards: 11. 2004. evalaution of teacher preparation Note: The Department is not bound by any SUPPLEMENTARY INFORMATION: Section methods. A sample of teachers are the estimates in this notice. 3506 of the Paperwork Reduction Act of primary respondents. Project Period: Up to 36 months. 1995 (44 U.S.C. chapter 35) requires that Requests for copies of the proposed Full Text of Announcement the Office of Management and Budget information collection request may be (OMB) provide interested Federal accessed from http://edicsweb.ed.gov, I. Funding Opportunity Description agencies and the public an early by selecting the ‘‘Browse Pending Purpose of Program: This program opportunity to comment on information Collections’’ link and by clicking on provides grants to LEAs to develop and collection requests. OMB may amend or link number 2456. When you access the implement innovative and effective waive the requirement for public information collection, click on programs to reduce alcohol abuse in consultation to the extent that public ‘‘Download Attachments’’ to view. secondary schools. participation in the approval process Written requests for information should Priority: In accordance with 34 CFR would defeat the purpose of the 75.105(b)(2)(iv), this priority is from information collection, violate State or be addressed to Vivian Reese, Department of Education, 400 Maryland section 4129 of the Safe and Drug-Free Federal law, or substantially interfere Schools and Communities Act, 20 with any agency’s ability to perform its Avenue, SW, Room 4050, Regional Office Building 3, Washington, DC U.S.C. 7139. statutory obligations. The Leader, Absolute Priority: For FY 2004 this 20202–4651 or to the e-mail address Regulatory Information Management priority is an absolute priority. Under 34 [email protected]. Requests may also Group, Office of the Chief Information CFR 75.105(c)(3) we consider only Officer, publishes that notice containing be electronically mailed to the internet _ applications that meet this priority. proposed information collection address OCIO [email protected] or faxed to This priority is: Alcohol Abuse requests prior to submission of these 202–708–9346. Please specify the Reduction. requests to OMB. Each proposed complete title of the information A project must develop and information collection, grouped by collection when making your request. implement innovative and effective office, contains the following: (1) Type Comments regarding burden and/or programs to reduce alcohol abuse in of review requested, e.g. new, revision, the collection activity requirements secondary schools. extension, existing or reinstatement; (2) should be directed to Kathy Axt at her Program Authority: 20 U.S.C. 7139. Title; (3) Summary of the collection; (4) Applicable Regulations: The Description of the need for, and e-mail address [email protected]. Individuals who use a Education Department General proposed use of, the information; (5) Administrative Regulations (EDGAR) in telecommunications device for the deaf Respondents and frequency of 34 CFR parts 75, 77, 79, 80, 81, 82, 84, (TDD) may call the Federal Information collection; and (6) Reporting and/or 85, 97, 98, 99, and 299. Recordkeeping burden. OMB invites Relay Service (FIRS) at 1–800–877– public comment. The Department of 8339. II. Award Information Education is especially interested in [FR Doc. 04–3947 Filed 2–23–04; 8:45 am] Type of Award: Discretionary grants. public comment addressing the BILLING CODE 4000–01–P Estimated Available Funds: following issues: (1) is this collection $5,500,000. The Secretary may reserve

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up to 25 percent of funds for grants to listed under For Further Information Education Department General low-income and rural LEAs. Contingent Contact elsewhere in this notice. Administrative Regulations (EDGAR) upon the availability of funds, we may 2. Content and Form of Application (34 DCR 75.102). Under the make additional awards in FY 2005 Submission: Administrative Procedure Act (5 U.S.C. from the rank-ordered list of non-funded Requirements concerning the content 553), the Department generally offers applications from this competition. of an application, together with the interested parties the opportunity to Estimated Range of Awards: forms you must submit, are in the comment on proposed regulations. $250,000–$750,000. application package for this However, these amendments make Estimated Average Size of Awards: competition. You may access the procedural changes only and do not $500,000. electronic version of the application at establish new substantive policy. Estimated Number of Awards: 11. the following Web site: http:// Therefore, under 5 U.S.C. 553(b)(A), the Note: The Department is not bound by any www.ed.gov/programs/dvalcoholabuse/ Secretary has determined that proposed estimates in this notice. index.html rulemaking is not required. 3. Submission Dates and Times: We are requiring that applications for Project Period: Up to 36 months. Applications Available: February 24, grants under the Grants to Reduce III. Eligibility Information 2004. Alcohol Abuse competition-CFDA Deadline for Transmittal of Number 84.184A-be submitted 1. Eligible Applicants: LEAs. Applications: April 9, 2004. electronically using the Electronic Grant 2. Cost Sharing or Matching: This The dates and times for the Application System (e-Application) competition does not involve cost transmittal of applications by mail or by available through the Department’s e- sharing or matching. hand (including a courier service or GRANTS system. The e-GRANTS 3. Other: To be eligible to receive a commercial carrier) are in the system is accessible through its portal grant under this competition, an LEA’s application package for this page at: http://e-grants.ed.gov. application must include— competition. The application package If you are unable to submit an i. A description of the activities to be also specifies the hours of operation of application through the e-GRANTS carried out under the grant; the e-Application Web site. system, you may submit a written ii. An assurance that such activities We do not consider an application request for a waiver of the electronic will include one or more of the proven that does not comply with the deadline submission requirement. In your strategies for reducing underage alcohol requirements. request, you should explain the reason abuse as determined by the Substance Deadline for Intergovernmental or reasons that prevent you from using Abuse and Mental Health Services Review: April 26, 2004. the Internet to submit your application. Administration (SAMSA); Intergovernmental Review: This Address your request to: Ethel F. iii. An explanation of how other competition is subject to Executive Jackson, U.S. Department of Education, activities to be carried out under the Order 12372 and the regulations in 34 400 Maryland Avenue, SW, room grant that are not a SAMSA model CFR part 79. Information about 3E308, FOB#6, Washington, DC 20202– program will be effective in reducing Intergovernmental Review of Federal 6450. Please submit your request no underage alcohol abuse, including Programs under Executive Order 12372 later than two weeks before the references to the past effectiveness of is in the application package for this application deadline date. such activities; competition. If, within two weeks of the iv. An assurance that the applicant 4. Funding Restrictions: We reference application deadline date, you are will submit to the Secretary an annual regulations outlining funding unable to submit an application report concerning the effectiveness of restrictions in the Applicable electronically, you must submit a paper the programs and activities funded Regulations section of this notice. application by the application deadline under the grant. 5. Other Submission Requirements: date in accordance with the transmittal Instructions and requirements for the instructions in the application package. IV. Application and Submission transmittal of applications by mail or by The paper application must include a Information hand (including a courier service or written request for a waiver 1. Address to Request Application commercial carrier) are in the documenting the reasons that prevented Package: Education application package for this you from using the Internet to submit Publications Center (ED Pubs), P.O competition. Application Procedures: your application. Box 1398, Jessup, MD 20794–1398. The Government Paperwork Elimination Pilot Project for Electronic Submission Telephone (toll free): 1–877–433–7827. Act (GPEA) of 1998 (Pub. L. 105–277) of Applications: We are continuing to FAX: (301) 470–1244. If you use a and the Federal Financial Assistance expand our pilot project for electronic telecommunications device for the deaf Management Improvement Act of 1999 submission of applications to include (TDD), you may call (toll free): 1–877– (Pub. L. 106–107) encourage us to additional formula grant programs and 576–7734. undertake initiatives to improve our additional discretionary grant You may also contact ED Pubs at its grant processes. Enhancing the ability of competitions. The Grants to Reduce Web site: http://www.ed.gov/pubs/ individuals and entities to conduct Alcohol Abuse competition—CFDA edpubs.html or you may contact ED business with us electronically is a Number 84.184A—is one of the Pubs at its e-mail address: major part of our response to these Acts. programs included in the pilot project. [email protected] Therefore, we are taking steps to adopt If you are an applicant under the Grants If you request an application from ED the Internet as our chief means of to Reduce Alcohol Abuse competition, Pubs be sure to identify this competition conducting transactions in order to you must submit your application to us as follows: CFDA number 84.184A. improve services to our customers and in electronic format or receive a waiver. Individuals with disabilities may to simplify and expedite our business The pilot project involves the use of obtain this document in an alternative processes. e-Application. If you use e-Application, format (e.g., Braille, large print, Some of the procedures in these you will be entering data online while audiotape, or computer diskette) on instructions for transmitting completing your application. You may request to the program contact person applications differ from those in the not e-mail an electronic copy of a grant

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application to us. The data you enter p.m., Washington, DC time, on the administrative and national policy online will be saved into a database. We application deadline date; or requirements in the application package shall continue to evaluate the success of (b) The e-Application system is and reference these and other e-Application and solicit suggestions for unavailable for any period of time requirements in the Applicable its improvement. during the last hour of operation (that is, Regulations section of this notice. If you participate in e-Application, for any period of time between 3:30 p.m. We reference the regulations outlining please note the following: and 4:30 p.m., Washington, DC time) on the terms and conditions of an award in • When you enter the e-Application the application deadline date. the Applicable Regulations section of system, you will find information about We must acknowledge and confirm this notice and include these and other its hours of operation. We strongly these periods of unavailability before specific conditions in the GAN. The recommend that you do not wait until granting you an extension. To request GAN also incorporates your approved the application deadline date to initiate this extension or to confirm our application as part of your binding an e-Application package. acknowledgement of any system commitments under the grant. • You will not receive additional unavailability, you may contact either 3. Reporting: At the end of your point value because you do not submit (1) the person listed elsewhere in this project period, you must submit a final a grant application in electronic format, notice under For Further Information performance report, including financial nor will we penalize you if you submit Contact (see VII. Agency Contact) or (2) information, as directed by the an application in paper format. the e-GRANTS help desk at 1–888–336– Secretary. If you receive a multi-year • You must submit all documents 8930. award, you must submit an annual electronically, including the You may access the electronic grant performance report that provides the Application for Federal Education application for the Grants to Reduce most current performance and financial Assistance (ED 424), Budget Alcohol Abuse competition at: http://e- expenditure information as specified by Information-Non-Construction Programs grants.ed.gov. the Secretary in 34 CFR 75.718. (ED 524) and all necessary assurances 4. Performance Measures: Under the and certifications. V. Application Review Information Government Performance and Results • Your e-Application must comply 1. Selection Criteria: The selection Act (GPRA), three measures have been with any page limit requirements criteria for this program are in 34 CFR developed for evaluating the overall described in this notice. 75.210 and in the application package effectiveness of the Grants to Reduce • After you electronically submit for this competition. Alcohol Abuse competition: (1) The your application, you will receive an 2. Review and Selection Process: An percentage of grantees whose target automatic acknowledgement, which additional factor we consider in students show a measurable decrease in will include a PR/Award number (an selecting an application for an award is binge drinking; (2) the percentage of identifying number unique to your rural and low-income status. grantees that show a measurable application). Applications from rural and low- increase in the percentage of target • Within three working days after income applicants will be read and students who believe that alcohol abuse submitting your electronic application, scored separately and up to 25 percent is harmful to their health; and (3) the fax a signed copy of the Application for of the available funds will be reserved percentage of grantees that show a Federal Education Assistance (ED 424) for awards to these LEAs. The following measurable increase in the percentage of to the Application Control Center after is a suggested definition of rural and target students who disapprove of following these steps: low-income that has been used by this alcohol abuse. These three measures 1. Print ED 424 from e-Application. program in a previous competition; constitute the Department’s indicators 2. The institution’s Authorizing however, LEAs that want to be of success for this program. Representative must sign this form. considered as rural and low-income Consequently, applicants for a grant 3. Place the PR/Award number in the applicants may provide other under this program are advised to give upper right hand corner of the hard supporting evidence of their status as careful consideration to these three copy signature page of the ED 424. rural and low-income. outcomes in conceptualizing the design, 4. Fax the signed ED 424 to the A rural and low-income LEA is one implementation, and evaluation of their Application Control Center at (202) (a) that is designated with a locale code proposed project. If funded, applicants 260–1349. of 6, 7, or 8, as determined by the will be asked to collect and report data • We may request that you give us Department’s National Center for in their annual performance reports original signatures on other forms at a Education Statistics (NCES); and (b) in about progress toward these goals. later date. which 20 percent or more of the Application Deadline Date Extension children ages 5 through 17 years served VII. Agency Contact in Case of System Unavailability: If you by the LEA are from families below the For Further Information Contact: are prevented from submitting your poverty line. Note: Applicants wishing Ethel F. Jackson, U.S. Department of application on the application deadline to be considered under this factor must Education, 400 Maryland Ave., SW., date because the e-Application system is be both rural and low-income. room 3E308, Washington, DC 20202– unavailable, we will grant you an 6450. Telephone: (202) 260–2812 or by extension of one business day in order VI. Award Administration Information e-mail: [email protected]. to transmit your application 1. Award Notices: If your application If you use a telecommunications electronically, by mail, or by hand is successful, we notify your U.S. device for the deaf (TDD), you may call delivery. We will grant this extension Representative and U.S. Senators and the Federal Information Relay Service if— send you a Grant Award Notice (GAN). (FIRS) at 1–800–877–8339. 1. You are a registered user of e- We may also notify you informally. Individuals with disabilities may Application and you have initiated an e- If your application is not evaluated or obtain this document in an alternative Application for this competition; and not selected for funding, we will notify format (e.g., Braille, large print, 2. (a) The e-Application system is you. audiotape, or computer diskette) on unavailable for 60 minutes or more 2. Administrative and National Policy request to the program contact person between the hours of 8:30 a.m. and 3:30 Requirements: We identify listed in this section.

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VIII. Other Information additional awards in FY 2005 from the (B) Are able to be carried out in Electronic Access to This Document: rank-ordered list of nonfunded conjunction with other educational You may view this document, as well as applications from this competition. reform efforts. all other documents of this Department Estimated Range of Awards: For Within this absolute priority, we are published in the Federal Register, in CFDA 84.215V—State educational particularly interested in applications text or Adobe Portable Document agencies—$350,000 to $750,000 for each that address the following invitational Format (PDF) on the Internet at the 12-month budget period. For CFDA priority. following site: http://www.ed.gov/news/ 84.215S—Local educational agencies— Invitational Priority: fedregister $100,000 to $500,000 for each 12-month Under 34 CFR 75.105(c)(1) we do not To use PDF you must have Adobe budget period. give an application that meets this Acrobat Reader, which is available free Estimated Average Size of Awards: invitational priority a competitive or at this site. If you have questions about For CFDA 84.215V—State educational absolute preference over other using PDF, call the U.S. Government agencies—$550,000 for each 12-month applications. Printing Office (GPO), toll free, at 1– budget period. For CFDA 84.215S— This priority is: Local educational agencies—$300,000 888–293–6498; or in the Washington, Invitational Priority—Experimental and DC, area at (202) 512–1530. for each 12 month budget period. Minimum Award: Pursuant to Section Quasi-Experimental Evaluation Designs Note: The official version of this document 5431(a)(4) of the Elementary and is the document published in the Federal The Secretary is particularly Secondary Education Act of 1965, as interested in receiving applications that Register. Free Internet access to the official amended (ESEA) (20 U.S.C. 7247), we edition of the Federal Register and the Code propose evaluation plans that are based of Federal Regulations is available on GPO will reject any request from an SEA that on rigorous scientifically based research Access at: http://www.gpoaccess.gov/nara/ proposes a total budget for the entire methods to assess the effectiveness of a index.html. project period that is less than $500,000. particular intervention. The Secretary This restriction does not apply to intends that this priority will allow Dated: February 18, 2004. applications from LEAs. program participants and the Deborah A. Price, Estimated Number of Awards: 6–9. Department to determine whether the Deputy Under Secretary for Safe and Drug- Note: The Department is not bound by any project produces meaningful effects on Free Schools. estimates in this notice. student achievement or teacher [FR Doc. 04–3988 Filed 2–23–04; 8:45 am] Project Period: Up to 48 months, of performance. BILLING CODE 4000–01–P which no more than 12 months may be Evaluation methods using an used for planning and program design. experimental design are best for determining project effectiveness. Thus, DEPARTMENT OF EDUCATION Full Text of Announcement we encourage projects to use an I. Funding Opportunity Description experimental design under which Office of Safe and Drug-Free Schools; Purpose of Program: Under this participants—e.g., students, teachers, Overview Information; Partnerships in classrooms, or schools—are randomly Character Education; Notice Inviting program we provide Federal financial assistance to eligible entities to assist assigned to participate in the project Applications for New Awards for Fiscal activities being evaluated or to a control Year (FY) 2004 them in designing and implementing character education programs that take group that does not participate in the Catalog of Federal Domestic Assistance into consideration the view of parents, project activities being evaluated. (CFDA) Number: 84.215V—State Educational students, students with disabilities If random assignment is not feasible, Agencies; 84.215S—Local Educational (including those with mental or the project might use a quasi- Agencies physical disabilities) and other members experimental design with carefully matched comparison conditions. This DATES: Applications Available: February of the community, including members of private and nonprofit organizations. alternative design attempts to 24, 2004. approximate a randomly assigned Deadline for Transmittal of Priorities: This competition includes control group by matching Applications: April 9, 2004. one absolute priority and one participants—e.g., students, teachers, Deadline for Intergovernmental invitational priority that are explained classrooms, or schools—with non- Review: June 8, 2004. in the following paragraphs. To be Eligible Applicants: An eligible considered for funding, each applicant participants having similar pre-program applicant under the 84.215V must address the absolute priority. characteristics. competition is: These priorities are as follows. In cases where random assignment is (a) A State educational agency (SEA) In accordance with 34 CFR not possible and an extended series of in partnership with one or more local 75.105(b)(2)(iv), this priority is from observations of the outcome of interest educational agencies (LEAs); or Title V, Part D, Subpart 3, Section 5431 precedes and follows the introduction of (b) An SEA in partnership with one or of the ESEA (20 U.S.C. 7247). a new program or practice, regression more LEAs and nonprofit organizations Absolute Priority: For this discontinuity designs might be or entities, including an institution of competition, this priority is an absolute employed. higher education (IHE). priority. Under 34 CFR 75.105(c)(3) we For projects that are focused on An eligible applicant under the consider only applications that meet special populations in which sufficient 84.215S competition is: this priority. numbers of participants are not (a) An LEA or consortium of LEAs; or This priority is: the design and available to support random assignment (b) An LEA in partnership with one or implementation of character education or matched comparison group designs, more nonprofit organizations or entities, programs that: single-subject designs such as multiple including an IHE. (A) Are able to be integrated into baseline or treatment reversal or Estimated Available Funds: classroom instruction and to be interrupted time series that are capable $2,496,331. Contingent upon the consistent with State academic content of demonstrating causal relationships availability of funds, we may make standards; and could be employed.

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When sufficient numbers of agencies—$550,000 for each 12-month the application package for this participants are available to support budget period. For CFDA 84.215S— competition. Page Limit: The evaluation strategies that use Local educational agencies—$300,000 application narrative (Part III of the experimental designs with random for each 12-month budget period. application) is where you, the applicant, assignment or quasi-experimental Minimum Award: Pursuant to Section address the selection criteria that designs using a match comparison 5431(a)(4) of the ESEA, we will reject reviewers use to evaluate your group or regression continuity designs, any application from an SEA that application. It is strongly suggested that applicants are encouraged to use one of proposes a total budget for the entire you limit Part III to the equivalent of no these designs. Evaluation strategies that project period that is less than $500,000. more than 25 pages, using the following involve sufficient numbers of There is no such restriction on standards: participants to support group designs applications from LEAs. • A ‘‘page’’ is 8.5″ × 11″, on one side should be capable of demonstrating the Estimated Number of Awards: 6–9. only, with 1″ margins at the top, bottom, causal effects of an intervention or and both sides. Note: The Department is not bound by any • program on those participants. The estimates in this notice. Double space (no more than three proposed evaluation plan should lines per vertical inch) all text in the describe how the project evaluator will Project Period: Up to 48 months, of application narrative, including titles, collect—before the project intervention which no more than 12 months may be headings, footnotes, quotations, commences and after it ends—valid and used for planning and program design. references, and captions, as well as all reliable data that measure the impact of III. Eligibility Information text in charts, tables, figures, and participation in the program or in the graphs. comparison group. 1. Eligible Applicants: An eligible • Use a font that is either 12 point or A quality evaluation method should applicant under the 84.215V larger or no smaller than 10 pitch consider the following: competition is: (characters per inch). (1) The type of design to be used (that (a) An SEA in partnership with one or The page limit does not apply to Part is, random assignment or matched more LEAs; or I, the cover sheet; Part II, the budget comparison). If it will be matched (b) An SEA in partnership with one or section, including the narrative budget comparison, the applicant should more LEAs and nonprofit organizations justification; Part IV, the assurances and include in the plan a discussion of why or entities, including an IHE. certifications; or the one-page abstract, random assignment is not feasible. An eligible applicant under the the resumes, the bibliography, or the (2) The outcomes to be measured. 84.215S competition is: letters of support. However, we request (3) A discussion of how the applicant (a) An LEA or consortium of LEAs; or that you include all of the application plans to assign students, teachers, (b) An LEA in partnership with one or narrative in Part III. classrooms, or schools to the project and more nonprofit organizations or entities, 3. Submission Dates and Times: control group or match them for including an IHE. Applications Available: February 24, comparison with other students, 2. Cost Sharing or Matching: This 2004. teachers, classrooms, or schools. competition does not involve cost Deadline for Transmittal of (4) A proposed evaluator, preferably sharing or matching. Applications: April 9, 2004. independent, with the necessary 3. Other: Each eligible entity receiving background and technical expertise to a grant must provide, to the extent Note: We are requiring that applications for carry out the proposed evaluation. (An grants under this program be submitted feasible and appropriate, for the electronically using the Electronic Grant independent evaluator does not have participation of students and teachers in Application System (e-Application) available any authority over the project and is not private elementary and secondary through the Department’s e-GRANTS system. involved in its implementation.) schools in the funded programs and For information about how to access the e- Program Authority: 20 U.S.C. 7247. activities. GRANTS system or to request a waiver of the Applicable Regulations: The electronic submission requirement, please Education Department General IV. Application and Submission refer to Section IV, Other Submission Administrative Regulations (EDGAR) in Information Requirements, in this notice. 34 CFR parts 74, 75, 77, 79, 80, 81, 82, 1. Address to Request Application The application package for this 84, 85, 86, 97, 98, 99, and 299. Package: Sharon J. Burton, U.S. program specifies the hours of operation Note: The regulations in 34 CFR part 86 Department of Education, 555 New of the e-Application Web site. If you are apply to IHEs only. Jersey Avenue, NW., room 203, requesting a waiver of the electronic Washington, DC 20208–5570. submission requirement, the dates and II. Award Information Telephone: (202) 219–2044, Fax: (202) times for the transmittal of applications Type of Award: Discretionary grants. 208–1190 or by e-mail: by mail or by hand (including a courier Estimated Available Funds: [email protected]. service or commercial carrier) are also $2,496,331. Contingent upon the If you use a telecommunications in the application package. availability of funds, we may make device for the deaf (TDD), you may call We do not consider an application additional awards in FY 2005 from the the Federal Information Relay Service that does not comply with the deadline rank-ordered list of nonfunded (FIRS) at 1–800–877–8339. requirements. applications from this competition. Individuals with disabilities may Deadline for Intergovernmental Estimated Range of Awards: For obtain a copy of the application package Review: June 8, 2004. CFDA 84.215V—State educational in an alternative format (e.g., Braille, 4. Intergovernmental Review: This agencies—$350,000 to $750,000 for each large print, audiotape, or computer competition is subject to Executive 12-month budget period. For CFDA diskette) by contacting the program Order 12372 and the regulations in 34 84.215S—Local educational agencies— contact person listed in this section. CFR 79. Information about $100,000 to $500,000 for each 12-month 2. Content and Form of Application Intergovernmental Review of Federal budget period. Submission: Requirements concerning Competitions under Executive Order Estimated Average Size of Awards: the content of an application, together 12372 is in the application package for For CFDA 84.215V—State educational with the forms you must submit, are in this competition.

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5. Funding Restrictions: The If you are unable to submit an Application for Federal Education regulations on determining allowable application through the e-GRANTS Assistance (ED 424), Budget costs are in 34 CFR 80. We reference system, you may submit a written Information—Non-Construction regulations outlining additional funding request for a waiver of the electronic Programs (ED 524), and all necessary restrictions in the Applicable submission requirement. In your assurances and certifications. Regulations section of this notice. request, you should explain the reason • Your e-Application must comply An SEA receiving a grant may use no or reasons that prevent you from using with any page limit requirements more than 3 percent of the grant funds, the Internet to submit your application. described in this notice. each year, for administrative purposes. Address your request to: Sharon J. • After you electronically submit The remainder of these funds may be Burton, U.S. Department of Education, your application, you will receive an used for (1) collaborative initiatives 555 New Jersey Avenue, NW., room 203, automatic acknowledgement, which with and between LEAs and schools; (2) Washington, DC 20208–5570. Please will include a PR/Award number (an the preparation or purchase of materials, submit your request no later than two identifying number unique to your and teacher training; (3) providing weeks before the application deadline application). assistance to LEAs, schools, or IHEs; date. • Within three working days after and (4) technical assistance and If, within two weeks of the submitting your electronic application, evaluation. application deadline date, you are fax a signed copy of the Application for 6. Other Submission Requirements: unable to submit an application Federal Education Assistance (ED 424) Instructions and requirements for the electronically, you must submit a paper to the Application Control Center after transmittal of applications by mail or by application by the application deadline following these steps: hand (including a courier service or date in accordance with the transmittal 1. Print ED 424 from e-Application. commercial carrier) are in the instructions in the application package. 2. The institution’s Authorizing application package for this The paper application must include a Representative must sign this form. competition. written request for a waiver 3. Place the PR/Award number in the Application Procedures: The documenting the reasons that prevented Government Paperwork Elimination Act upper right hand corner of the hard you from using the Internet to submit copy signature page of the ED 424. (GPEA) of 1998 (Pub. L. 105–277) and your application. 4. Fax the signed ED 424 to the the Federal Financial Assistance Pilot Project for Electronic Application Control Center at (202) Management Improvement Act of 1999 Submission of Applications: We are 260–1349. (Pub. L. 106–107) encourage us to continuing to expand our pilot project • We may request that you give us undertake initiatives to improve our for electronic submission of original signatures on other forms at a grant processes. Enhancing the ability of applications to include additional later date. individuals and entities to conduct formula grant programs and additional business with us electronically is a discretionary grant competitions. Application Deadline Date Extension major part of our response to these Acts. Partnerships in Character Education— in Case of System Unavailability: If you Therefore, we are taking steps to adopt CFDA Number 84.215V—State are prevented from submitting your the Internet as our chief means of educational agencies and CFDA Number application on the application deadline conducting transactions in order to 84.215S—Local educational agencies are date because the e-Application system is improve services to our customers and two of the competitions included in the unavailable, we will grant you an to simplify and expedite our business pilot project. If you are an applicant extension of one business day in order processes. under Partnerships in Character to transmit your application Some of the procedures in these Education you must submit your electronically, by mail, or by hand instructions for transmitting application to us in electronic format or delivery. We will grant this extension applications differ from those in the receive a waiver. if— Education Department General The pilot project involves the use of 1. You are a registered user of e- Administrative Regulations (EDGAR) e-Application. If you use e-Application, Application, and you have initiated an (34 CFR 75.102). Under the you will be entering data online while e-Application for this competition; and Administrative Procedure Act (5 U.S.C. completing your application. You may 2. (a) The e-Application system is 553), the Department generally offers not e-mail an electronic copy of a grant unavailable for 60 minutes or more interested parties the opportunity to application to us. The data you enter between the hours of 8:30 a.m. and 3:30 comment on proposed regulations. online will be saved into a database. We p.m., Washington, DC time, on the However, these amendments make shall continue to evaluate the success of application deadline date; or procedural changes only and do not e-Application and solicit suggestions for (b) The e-Application system is establish new substantive policy. its improvement. unavailable for any period of time Therefore, under 5 U.S.C. 553(b)(A), the If you participate in e-Application, during the last hour of operation (that is, Secretary has determined that proposed please note the following: for any period of time between 3:30 p.m. rulemaking is not required. • When you enter the e-Application and 4:30 p.m., Washington, DC time) on We are requiring that applications for system, you will find information about the application deadline date. grants under Partnerships in Character its hours of operation. We strongly We must acknowledge and confirm Education—CFDA Number 84.215V— recommend that you do not wait until these periods of unavailability before State educational agencies and CFDA the application deadline date to initiate granting you an extension. To request Number 84.215S—Local education an e-Application package. this extension or to confirm our agencies be submitted electronically • You will not receive additional acknowledgement of any system using the Electronic Grant Application point value because you submit a grant unavailability, you may contact either System (e-Application) available application in electronic format, nor (1) the person listed elsewhere in this through the Department’s e-GRANTS will we penalize you if you submit an notice under FOR FURTHER INFORMATION system. The e-GRANTS system is application in paper format. CONTACT (see VII. Agency Contact) or (2) accessible through its portal page at: • You must submit all documents the e-GRANTS help desk at 1–888–336– http://e-grants.ed.gov. electronically, including the 8930.

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You may access the electronic grant proposed project. If funded, applicants DEPARTMENT OF ENERGY application for Partnerships in will be asked to collect and report data Character Education at: http://e- in their annual performance reports on Federal Energy Regulatory grants.ed.gov evaluation outcomes. We will track this Commission V. Application Review Information indicator through the use of one [Project No. 2004–075–Massachusetts] measure. 1. Selection Criteria: The selection City of Holyoke Gas & Electric Measure: The proportion of projects criteria for this competition are in the Department; Notice application package. funded under this competition 2. Review and Selection Process: demonstrating predicted student effects February 18, 2004. Additional factors we consider in through valid, rigorous evaluations will By notice of January 28, 2003, selecting an application for an award are increase. Commission staff was assigned to help in 20 U.S.C. 7247. In making selections facilitate resolution of environmental VII. Agency Contact for funding, we will ensure, to the and related issues associated with extent practicable, that the projects are development of a comprehensive FOR FURTHER INFORMATION CONTACT: equitably distributed among the settlement agreement for the Holyoke Sharon J. Burton, U.S. Department of geographic regions of the United States, Project. The following staff will also be Education, 555 New Jersey Avenue, and among urban, suburban, and rural considered ‘‘separated staff’’ and will areas. NW., room 203, Washington, DC 20208– take no part in the Commission’s review 5570. Telephone: (202) 219–2044, FAX: of the offer of settlement and the VI. Award Administration Information (202) 208–1190 or by e-mail: comprehensive settlement agreement, or 1. Award Notices: If your application [email protected] deliberations concerning the disposition is successful, we notify your U.S. If you use a telecommunications of the rehearings: Representative and U.S. Senators and device for the deaf (TDD), you may call Robert Grieve, Office of Energy send you a Grant Award Notification the Federal Information Relay Service Projects. (GAN). We may also notify you (FIRS) at 1–800–877–8339. informally. Magalie R. Salas, If your application is not evaluated or Individuals with disabilities may Secretary. not selected for funding, we notify you. obtain this document in an alternative [FR Doc. E4–363 Filed 2–23–04; 8:45 am] 2. Administrative and National Policy format (e.g., Braille, large print, BILLING CODE 6717–01–P Requirements: We identify audiotape, or computer diskette) on administrative and national policy request to the program contact person requirements in the application package listed in this section. DEPARTMENT OF ENERGY and reference these and other Federal Energy Regulatory requirements in the Applicable VIII. Other Information Commission Regulations section of this notice. Electronic Access to This Document: We reference the regulations outlining You may view this document, as well as El Paso Natural Gas Company; Notice the terms and conditions of an award in all other documents of this Department of Compliance Filing the Applicable Regulations section of published in the Federal Register, in this notice and include these and other February 18, 2004. text or Adobe Portable Document specific conditions in the GAN. The Take notice that on February 12, 2004, Format (PDF) on the Internet at the GAN also incorporates your approved El Paso Natural Gas Company (El Paso) application as part of your binding following site: http://www.ed.gov/news/ tendered for filing as part of its FERC commitments under the grant. fedregister Gas Tariff, Second Revised Volume No. 3. Reporting: At the end of your To use PDF you must have Adobe 1–A, Substitute Original Sheet No. 219H project period, you must submit a final Acrobat Reader, which is available free and Substitute Original Sheet No. 219I, performance report, including financial at this site. If you have questions about with an effective date of February 1, information, as directed by the using PDF, call the U.S. Government 2004. Secretary. If you receive a multi-year Printing Office (GPO), toll free, at 1– El Paso states that the filing is being award, you must submit an annual 888–293–6498; or in the Washington, filed in compliance with the performance report that provides the DC, area at (202) 512–1530. Commission’s Order addressing its most current performance and financial directional transfer scheduling proposal. expenditure information as specified by Note: The official version of this document Any person desiring to protest said the Secretary in 34 CFR 75.118. is the document published in the Federal filing should file a protest with the Additional reporting requirements are Register. Free Internet access to the official Federal Energy Regulatory Commission, set out in Section 5431(h) of the ESEA. edition of the Federal Register and the Code 888 First Street, NE., Washington, DC 4. Performance Measure: We have of Federal Regulations is available on GPO 20426, in accordance with section established one performance indicator Access at: http://www.gpoaccess.gov/nara/ 385.211 of the Commission’s rules and for the Partnerships in Character index.html. regulations. All such protests must be Education Program. The indicator is: Dated: February 19, 2004. filed in accordance with section 154.210 Partnerships in Character Education of the Commission’s regulations. Program grantees will demonstrate Deborah A. Price, Protests will be considered by the predicted student effects through valid, Deputy Under Secretary for Safe and Drug- Commission in determining the rigorous evaluations. Consequently, Free Schools. appropriate action to be taken, but will applicants for a grant under this [FR Doc. 04–3989 Filed 2–23–04; 8:45 am] not serve to make protestants parties to program are advised to give careful BILLING CODE 4000–01–P the proceedings. This filing is available consideration to this measure in for review at the Commission in the conceptualizing the design, Public Reference Room or may be implementation, and evaluation of their viewed on the Commission’s Web site at

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http://www.ferc.gov using the eLibrary instructions on the Commission’s Web DEPARTMENT OF ENERGY link. Enter the docket number excluding site under the eLibrary e-Filing link. the last three digits in the docket Protest Date: February 25, 2004. Federal Energy Regulatory number field to access the document. Commission Magalie R. Salas, For assistance, please contact FERC Secretary. Online Support at [Docket No. RP04–165–000] [email protected] or toll- [FR Doc. E4–366 Filed 2–23–04; 8:45 am] free at (866) 208–3676, or TTY, contact BILLING CODE 6717–01–P Midwestern Gas Transmission (202) 502–8659. The Commission Company; Notice of Cashout Report strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the DEPARTMENT OF ENERGY February 18, 2004. instructions on the Commission’s Web Federal Energy Regulatory Take notice that on February 11, 2004, site under the e-Filing link. Commission Midwestern Gas Transmission Company (Midwestern) tendered for filing, its Magalie R. Salas, [Docket No. RP04–153–000] Secretary. 10th annual cashout report for the [FR Doc. E4–359 Filed 2–23–04; 8:45 am] Iroquois Gas Transmission System, September 2002 through August 2003 BILLING CODE 6717–01–P L.P.; Notice of Fuel Calculations period. Midwestern states that the cashout February 18, 2004. report reflects a net cashout gain of Take notice that on January 8, 2004, DEPARTMENT OF ENERGY $290,294. Midwestern states that it will Iroquois Gas Transmission System, L.P., credit this gain to its firm shippers in its Federal Energy Regulatory (Iroquois) tendered for filing schedules Commission reflecting calculations supporting the next issuance of invoices. Measurement Variance/Fuel Use Factors Any person desiring to be heard or to [Docket No. RP03–543–001] utilized by Iroquois during the period protest said filing should file a motion July 1, 2003 through December 31, 2003. to intervene or a protest with the Iroquois Gas Transmission System, Any person desiring to be heard or to Federal Energy Regulatory Commission, L.P.; Notice of Fuel Calculations protest said filing should file a motion 888 First Street, NE., Washington, DC to intervene or a protest with the 20426, in accordance with sections February 18, 2004. Federal Energy Regulatory Commission, 385.214 or 385.211 of the Commission’s Take notice that on January 8, 2004, 888 First Street, NE., Washington, DC rules and regulations. All such motions Iroquois Gas Transmission System, L.P., 20426, in accordance with sections or protests must be filed on or before the (Iroquois) tendered for filing revised 385.214 or 385.211 of the Commission’s date as indicated below. Protests will be schedules to correct previously Rules and Regulations. All such motions considered by the Commission in submitted calculations supporting the or protests must be filed on or before the determining the appropriate action to be Measurement Variance/Fuel Use Factors date as indicated below. Protests will be taken, but will not serve to make utilized by Iroquois during the period considered by the Commission in January 1, 2003 through June 30, 2003. protestants parties to the proceedings. determining the appropriate action to be Any person wishing to become a party Any person desiring to protest said taken, but will not serve to make must file a motion to intervene. This filing should file a protest with the protestants parties to the proceedings. filing is available for review at the Federal Energy Regulatory Commission, Any person wishing to become a party 888 First Street, NE, Washington, DC must file a motion to intervene. This Commission in the Public Reference 20426, in accordance with section filing is available for review at the Room or may be viewed on the 385.211 of the Commission’s Rules and Commission in the Public Reference Commission’s Web site at http:// Regulations. All such protests must be Room or may be viewed on the www.ferc.gov using the eLibrary. Enter filed on or before the protest date as Commission’s Web site at http:// the docket number excluding the last shown below. Protests will be www.ferc.gov using the eLibrary link. three digits in the docket number field considered by the Commission in Enter the docket number excluding the to access the document. For assistance, determining the appropriate action to be last three digits in the docket number please contact FERC Online Support at taken, but will not serve to make field to access the document. For [email protected] or toll- protestants parties to the proceedings. Assistance, please contact FERC Online free at (866) 208–3676, or TTY, contact This filing is available for review at the Support at (202) 502–8659. The Commission Commission in the Public Reference [email protected] or toll- strongly encourages electronic filings. Room or may be viewed on the free at (866) 208–3676, or for TTY, See 18 CFR 385.2001(a)(1)(iii) and the Commission’s Web site at http:// contact (202) 502–8659. Comments, instructions on the Commission’s Web www.ferc.gov using the eLibrary link. protests and interventions may be filed site under the e-Filing link. Enter the docket number excluding the electronically via the Internet in lieu of Comment Date: February 25, 2004. last three digits in the docket number paper. The Commission strongly field to access the document. encourages electronic filings. See, 18 Magalie R. Salas, Comments, protests and interventions CFR 385.2001(a)(1)(iii) and the Secretary. may be filed electronically via the instructions on the Commission’s Web [FR Doc. E4–369 Filed 2–23–04; 8:45 am] Internet in lieu of paper. For assistance, site under the e-Filing link. BILLING CODE 6717–01–P please contact FERC Online Support at Protest Date: February 25, 2004. [email protected] or toll- free at (866) 208–3676, or TTY, contact Magalie R. Salas, (202) 502–8659. The Commission Secretary. strongly encourages electronic filings. [FR Doc. E4–367 Filed 2–23–04; 8:45 am] See, 18 CFR 385.2001(a)(1)(iii) and the BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY possible, an original and two copies of Comment Date: March 10, 2004. comments in support of or in opposition Magalie R. Salas, Federal Energy Regulatory to this project. The Commission will Commission consider these comments in Secretary. [FR Doc. E4–371 Filed 2–23–04; 8:45 am] [Docket No. CP04–62–000] determining the appropriate action to be taken, but the filing of a comment alone BILLING CODE 6717–01–P Midwestern Gas Transmission will not serve to make the filer a party Company; Notice of Application to the proceeding. The Commission’s DEPARTMENT OF ENERGY February 18, 2004. rules require that persons filing Take notice that Midwestern Gas comments in opposition to the project Federal Energy Regulatory Transmission Company (Midwestern), provide copies of their protests only to Commission 13710 FNB Parkway, Omaha, Nebraska the party or parties directly involved in the protest. 68154, filed in Docket No. CP04–62–000 [Docket No. RP04–164–000] on February 11, 2004, an application Persons who wish to comment only pursuant to section 7(b) of the Natural on the environmental review of this Northwest Pipeline Corporation; Notice Gas Act (NGA), as amended, to abandon project should submit an original and of Proposed Changes in FERC Gas in place pipeline facilities consisting of two copies of their comments to the Tariff 1.6 miles of 30-inch diameter mainline Secretary of the Commission. (Midwestern’s Line 2100–2) and Environmental commenters will be February 18, 2004. appurtenant facilities, located near the placed on the Commission’s Take notice that on February 11, 2004, Portland, Tennessee, Compressor environmental mailing list, will receive Northwest Pipeline Corporation Station, all as more fully set forth in the (Northwest) tendered for filing as part of application which is on file with the copies of the environmental documents, Commission and open to public and will be notified of meetings its FERC Gas Tariff, Third Revised inspection. This filing may also be associated with the Commission’s Volume No. 1, the tariff sheets listed in viewed on the Web at http:// environmental review process. the filing, to be effective April 1, 2004. www.ferc.gov using the ‘‘eLibrary’’ link. Environmental commenters will not be Northwest states that the purpose of Enter the docket number excluding the required to serve copies of filed this filing is to revise Northwest’s tariff last three digits in the docket number documents on all other parties. to conform it to Northwest’s current field to access the document. For However, the non-party commenters practices concerning certain electronic assistance, call (866) 208–3676 or TTY, will not receive copies of all documents communication, transaction and (202) 502–8659. filed by other parties or issued by the contracting procedures. Any questions regarding this Commission (except for the mailing of Northwest states that a copy of this application should be directed to environmental documents issued by the filing has been served upon Northwest’s Raymond D. Neppl, Vice President, Commission) and will not have the right customers and interested state Regulatory Affairs and Market Services, to seek court review of the regulatory commissions. at (402) 492–7428. Commission’s final order. There are two ways to become Any person desiring to be heard or to involved in the Commission’s review of The Commission may issue a protest said filing should file a motion this project. First, any person wishing to preliminary determination on non- to intervene or a protest with the obtain legal status by becoming a party environmental issues prior to the Federal Energy Regulatory Commission, to the proceedings for this project completion of its review of the 888 First Street, NE., Washington, DC should, on or before March 10, 2004, file environmental aspects of the project. 20426, in accordance with sections with the Federal Energy Regulatory This preliminary determination 385.214 or 385.211 of the Commission’s Commission, 888 First Street, NE., typically considers such issues as the Rules and Regulations. All such motions Washington, DC 20426, a motion to need for the project and its economic or protests must be filed in accordance intervene in accordance with the effect on existing customers of the with section 154.210 of the requirements of the Commission’s rules applicant, on other pipelines in the area, Commission’s Regulations. Protests will of practice and procedure (18 CFR and on landowners and communities. be considered by the Commission in 385.214 or 385.211) and the Regulations For example, the Commission considers determining the appropriate action to be under the NGA (18 CFR 157.10). A the extent to which the applicant may taken, but will not serve to make person obtaining party status will be need to exercise eminent domain to protestants parties to the proceedings. placed on the service list maintained by obtain rights-of-way for the proposed Any person wishing to become a party the Secretary of the Commission and project and balances that against the must file a motion to intervene. This will receive copies of all documents non-environmental benefits to be filing is available for review at the filed by the applicant and by all other provided by the project. Therefore, if a Commission in the Public Reference parties. A party must submit 14 copies person has comments on community Room or may be viewed on the of filings made with the Commission and landowner impacts from this Commission’s Web site at http:// www.ferc.gov using the eLibrary. Enter and must mail a copy to the applicant proposal, it is important either to file the docket number excluding the last and to every other party in the comments or to intervene as early in the proceeding. Only parties to the three digits in the docket number field process as possible. proceeding can ask for court review of to access the document. For assistance, Commission orders in the proceeding. Comments, protests and interventions please contact FERC Online Support at However, a person does not have to may be filed electronically via the [email protected] or toll- intervene in order to have comments Internet in lieu of paper. See 18 CFR free at (866) 208–3676, or TTY, contact considered. The second way to 385.2001(a)(1)(iii) and the instructions (202) 502–8659. The Commission participate is by filing with the on the Commission’s Web site under the strongly encourages electronic filings. Secretary of the Commission, as soon as ‘‘e-Filing’’ link. See, 18 CFR 385.2001(a)(1)(iii) and the

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instructions on the Commission’s Web (202) 502–8659. The Commission reasonably necessary or appropriate for site under the e-Filing link. strongly encourages electronic filings. such purposes. See, 18 CFR 385.2001(a)(1)(iii) and the Magalie R. Salas, The Commission reserves the right to instructions on the Commission’s Web Secretary. require a further showing that neither site under the e-Filing link. public nor private interests will be [FR Doc. E4–368 Filed 2–23–04; 8:45 am] Magalie R. Salas, adversely affected by continued BILLING CODE 6717–01–P approval of XL Trading’s issuances of Secretary. securities or assumptions of liability. [FR Doc. E4–370 Filed 2–23–04;8:45 am] Copies of the full text of the Order are DEPARTMENT OF ENERGY BILLING CODE 6717–01–P available from the Commission’s Public Federal Energy Regulatory Reference Branch, 888 First Street, NE., Commission DEPARTMENT OF ENERGY Washington, DC 20426. The Order may [Docket No. RP04–166–000] also be viewed on the Commission’s Federal Energy Regulatory Web site at http://www.ferc.gov, using Trunkline Gas Company, LLC; Notice Commission the e library (FERRIS) link. Enter the of Proposed Changes in FERC Gas docket number excluding the last three Tariff [Docket No. ER04–350–000] digits in the docket number filed to access the document. Comments, February 18, 2004. XL Trading Partners America LLC; protests, and interventions may be filed Take notice that on February 12, 2004, Notice of Issuance of Order electronically via the internet in lieu of Trunkline Gas Company, LLC paper. See, 18 CFR 385.2001(a)(1)(iii) (Trunkline) tendered for filing as part of February 17, 2004. and the instructions on the its FERC Gas Tariff, Third Revised XL Trading Partners America LLC (XL Commission’s Web site under the ‘‘e- Volume No. 1, the following revised Trading) filed an application for market- Filing’’ link. The Commission strongly tariff sheets to become effective March based rate authority, with an encourages electronic filings. 14, 2004: accompanying tariff. The proposed tariff Magalie R. Salas, First Revised Sheet No. 269 provides for wholesale sales of capacity, First Revised Sheet No. 270 energy, and ancillary services at market- Secretary. [FR Doc. E4–356 Filed 2–23–04; 8:45 am] Trunkline states that this filing is to based rates. XL Trading also requested revise the right of first refusal (ROFR) waiver of various Commission BILLING CODE 6717–01–P provisions in section 11.3 of the General regulations. In particular, XL Trading requested that the Commission grant Terms and Conditions of Trunkline’s DEPARTMENT OF ENERGY tariff to clarify its rights to allow a blanket approval under 18 CFR Part 34 of all future issuances of securities and contractual ROFR when a service Federal Energy Regulatory assumptions of liability by the XL agreement might otherwise not be Commission eligible for such rights. Trading. Trunkline further states that copies of On February 9, 2004, pursuant to this filing are being served on all delegated authority, the Director, [Docket No. EC04–64–000, et al.] affected customers and applicable state Division of Tariffs and Market Development—South, granted the Denver City Energy Associates, L.P., et regulatory agencies. al.; Electric Rate and Corporate Filings Any person desiring to be heard or to request for blanket approval under Part protest said filing should file a motion 34, subject to the following: February 13, 2004. Any person desiring to be heard or to to intervene or a protest with the The following filings have been made protest the blanket approval of Federal Energy Regulatory Commission, with the Commission. The filings are issuances of securities or assumptions of 888 First Street, NE., Washington, DC listed in ascending order within each liability by XL Trading should file a 20426, in accordance with sections docket classification. 385.214 or 385.211 of the Commission’s motion to intervene or protest with the Rules and Regulations. All such motions Federal Energy Regulatory Commission, 1. Denver City Energy Associates, L.P. or protests must be filed in accordance 888 First Street, NE., Washington, DC [Docket No. EC04–64–000] with section 154.210 of the 20426, in accordance with Rules 211 Commission’s Regulations. Protests will and 214 of the Commission’s Rules of Take notice that on February 11, 2004, be considered by the Commission in Practice and Procedure (18 CFR 385.211 Denver City Energy Associates, L.P. determining the appropriate action to be and 385.214). (DCE) filed with the Federal Energy taken, but will not serve to make Notice is hereby given that the Regulatory Commission an application protestants parties to the proceedings. deadline for filing motions to intervene pursuant to section 203 of the Federal Any person wishing to become a party or protests, as set forth above, is March Power Act for authorization of an must file a motion to intervene. This 10, 2004. indirect disposition of jurisdictional filing is available for review at the Absent a request to be heard in facilities in connection with the sale by Commission in the Public Reference opposition by the deadline above, XL United States Power Fund, L.P. to Room or may be viewed on the Tading is authorized to issue securities UnionBanCal Equities, Inc. DCE states Commission’s Web site at http:// and assume obligations or liabilities as that it request confidential treatment of www.ferc.gov using the eLibrary. Enter a guarantor, indorser, surety, or a document submitted therewith. the docket number excluding the last otherwise in respect of any security of DCE states that copies of the three digits in the docket number field another person; provided that such application were served upon the Public to access the document. For assistance, issuance or assumption is for some Utility Commission of Texas and please contact FERC Online Support at lawful object within the corporate Golden Spread Electrical Cooperative, [email protected] or toll- purposes of XL Trading, compatible Inc. free at (866) 208–3676, or TTY, contact with the public interest, and is Comment Date: March 3, 2004.

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2. ALLETE, Inc. 6. PJM Interconnection, L.L.C. considered by the Commission in determining the appropriate action to be [Docket No. EL04–81–000] [Docket No. ER04–548–000] taken, but will not serve to make Take notice that on February 11, 2004, Take notice that on February 9, 2004, protestants parties to the proceeding. PJM Interconnection, L.L.C. (PJM) ALLETE, Inc. (ALLETE) tendered for Any person wishing to become a party submitted revisions to Schedule 9–2 filing a Petition for Declaratory Order must file a motion to intervene. All such and Schedule 9–3 of the PJM Open pursuant to rule 207 of the motions or protests should be filed on Access Transmission Tariff (PJM Tariff) Commission’s rules of practice and or before the comment date, and, to the regarding the recovery of costs of procedure, 18 CFR 385.207, seeking extent applicable, must be served on the administering Financial Transmission Commission ratification that: (i) The applicant and on any other person Rights and Market Support Services. distribution to ALLETE’s shareholders designated on the official service list. PJM requests waiver of 18 CFR 35.3 to of common stock of its indirect wholly- This filing is available for review at the permit an effective date of April 1, 2004, owned non-utility subsidiary, ADESA Commission or may be viewed on the for the proposed revisions to Schedule Corporation is not prohibited by section Commission’s Web site at http:// 9–2. PJM requests an effective date of 305(a) of the Federal Power Act; and (ii) www.ferc.gov, using the ‘‘FERRIS’’ link. May 1, 2004, for the proposed revisions the manner in which ALLETE proposes Enter the docket number excluding the to Schedule 9–3. to account for the distribution is last three digits in the docket number PJM states that copies of the filing acceptable and in accordance with the filed to access the document. For were served on all PJM members and on Uniform System of Accounts. assistance, call (202) 502–8222 or TTY, the utility regulatory commissions in (202) 502–8659. Protests and Comment Date: March 1, 2004. the PJM region. Comment Date: March 3, 2004. interventions may be filed electronically 3. BlueStar Energy Services, Inc. via the Internet in lieu of paper; see 18 [Docket No. ER04–426–001] 7. Virginia Electric and Power CFR 385.2001(a)(1)(iii) and the Company instructions on the Commission’s Web Take notice that on February 11, 2004, [Docket No. ER04–549–000] site under the ‘‘e-Filing’’ link. The BlueStar Energy Services, Inc. (BlueStar) Commission strongly encourages Take notice that on February 11, 2004, tendered for filing an amendment to its electronic filings. petition filed January 20, 2004, in Virginia Electric and Power Company, Docket No. ER04–426–000. doing business as Dominion Virginia Magalie R. Salas, Power, tendered for filing its Large Secretary. Comment Date: March 3, 2004. Generator Interconnection Procedures [FR Doc. E4–357 Filed 2–23–04; 8:45 am] 4. PacifiCorp and Large Generator Interconnection BILLING CODE 6717–01–P Agreement in compliance with Order [Docket No. ER04–489–001] No. 2003 issued July 24, 2003, in Docket Take notice that on February 11, 2004, No. RM02–1–000 and Order Denying DEPARTMENT OF ENERGY PacifiCorp tendered for filing in Stay and Granting Extension issued 7/ accordance with 18 CFR part 35 of the 24/03 in Docket Nos. RM02–1–000 and Federal Energy Regulatory Commission’s rules and regulations an 001. Dominion Virginia Power requests Commission amendment to PacifiCorp’s December an effective date of February 12, 2004. [Docket No. EC04–650–000, et al.] 17, 2003, filing submitting proposed Dominion Virginia Power states that revisions to PacifiCorp’s market based copies of the filing were served upon GenWest LLC, et al.; Electric Rate and rate tariff designated as FERC Electric customers under Dominion Virginia Corporate Filings Tariff, 4th Rev. Volume No. 12. Power’s open access transmission tariff, February 17, 2004. PacifiCorp requests waiver of the the Virginia State Corporation The following filings have been made Commission’s prior notice requirements Commission and the North Carolina with the Commission. The filings are so that the revisions may be effective on Utilities Commission. listed in ascending order within each December 17, 2003. Comment Date: March 3, 2004. docket classification. PacifiCorp states that copies of this 8. Aquila, Inc. 1. GenWest LLC filing have been supplied to all parties [Docket No. ES04–13–000] designated on the official service list Take notice that on February 9, 2004, [Docket No. EC04–65–000] compiled by the Secretary in this Aquila, Inc. (Aquila) submitted an Take notice that on February 13, 2004, proceeding. application pursuant to section 204 of GenWest LLC (GenWest) tendered for Comment Date: March 3, 2004. the Federal Power Act to authorize filing pursuant to section 203 of the Aquila to issue up to and including Federal Power Act, an application for 5. SWEPI LP $500 million of secured and unsecured authorization for GenWest to transfer a [Docket No. ER04–547–000] notes and other evidences of 25% undivided ownership interest in its indebtedness. Silverhawk Generating Facility to the Take notice that on February 11, 2004, Comment Date: March 1, 2004. Southern Nevada Water Authority on or SWEPI LP tendered for filing a Notice of after commercial operation. Cancellation, of its FERC Electric Tariff, Standard Paragraph Comment Date: March 5, 2004. Original Volume No. 1, which was Any person desiring to intervene or to 2. San Roque Power Corporation accepted by the Commission on October protest this filing should file with the 24, 2002, in Docket No. ER02–2558–000. Federal Energy Regulatory Commission, [Docket No. EG04–33–000] SWEPI LP requests waiver of the 60-day 888 First Street, NE., Washington, DC Take notice that on February 12, 2004, notice period to allow the cancellation 20426, in accordance with rules 211 and San Roque Power Corporation of its tariff to become effective 214 of the Commission’s rules of (Applicant), with its principal office at immediately. practice and procedure (18 CFR 385.211 6766 Ayala Avenue, 1200 Makati City, Comment Date: March 3, 2004. and 385.214). Protests will be Republic of the Philippines, filed with

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the Federal Energy Regulatory Maine Public Utilities Commission, the of Bravo Rate Schedule FERC Electric Commission an application for Maine Public Advocate, and current Tariff Original Volume No. 1; the determination of exempt wholesale MPS open access transmission tariff granting of certain blanket approvals, generator status pursuant to part 365 of customers. including the authority to sell electricity the Commission’s regulations. Comment Date: March 3, 2004. at market-based rates; and the waiver of Applicant states that it is a Philippine certain Commission regulations. 5. ISO New England Inc. corporation engaged directly and Bravo states that it intends to engage exclusively in the business of owning [Docket No. ER01–316–011] in wholesale electric power and energy and operating an approximately 345 Take notice that on February 12, 2004, purchases and sales as a marketer and MW, hydroelectric facility located on ISO New England Inc. (the ISO) that it is not in the business of Luzon Island in the Republic of the tendered for filing a revised quarterly generating or transmitting electric Philippines. Applicant further states Index of Customers for the fourth power. that electric energy produced by the quarter of 2003 for its Tariff for Comment Date: March 4, 2004. facility will be sold at wholesale and Transmission Dispatch and Power 10. The Clark Fork and Blackfoot, entirely outside the United States. Administration Services filed on L.L.C. Comment Date: March 4, 2004. February 3, 2004, in Docket No. ER01– 316–010. The ISO states that the [Docket Nos. ER04–467–001] 3. PSEG Huangshi Power Ltd. revision is made to conform to FERC Take notice that on February 12, 2004, [Docket No. EG04–34–000] rule 614. The Clark Fork and Blackfoot, L.L.C. Take notice that on February 12, 2004, Comment Date: March 4, 2004. (TCFB) tendered for filing an amended PSEG Huangshi Power Ltd. (PSEG 6. NorthWestern Energy Marketing, Original Sheet No. 1 to its market-based Huangshi), with its principal office at LLC rate tariff, FERC Electric Tariff, First Clarendon House, 2 Church Street, Revised Volume No. 1, to identify the Hamilton HM11, Bermuda, filed with [Docket No. ER02–41–005] Commission-approved geographic the Federal Energy Regulatory Take notice that on February 12, 2004, markets into which TCFB may sell Commission an application for NorthWestern Energy Marketing, LLC ancillary services. determination of exempt wholesale (NEM) tendered for filing an amended Comment Date: March 4, 2004. generator status pursuant to part 365 of Original Sheet No. 1 to its market-based 11. Southern California Edison the Commission(s regulations. rate tariff, FERC Electric Tariff, First Company PSEG Huangshi states that it is a Revised Volume No. 1, to identify the corporation organized under the laws of Commission-approved geographic [Docket No. ER04–550–000] Bermuda. PSEG Huangshi states that it markets into which NEM may sell Take notice, that on February 12, will be engaged, directly or indirectly ancillary services. 2004, Southern California Edison through an affiliate as defined in section Comment Date: March 4, 2004. Company (SCE) tendered for filing a 2(a)(11)(B) of the Public Utility Holding 7. NorthWestern Energy revised rate sheet (Revised Sheet) for the Company Act of 1935 (PUHCA), Service Agreement for Wholesale exclusively in owning, operating, or [Docket No. ER03–329–004] Distribution Service between SCE and both owning and operating: (1) A 50 Take notice that on February 12, 2004, the City of Rancho Cucamonga, percent ownership interest in a coal- NorthWestern Energy (NWE) tendered California (Rancho Cucamonga). SCE fired thermal facility consisting of a for filing an amended Original Sheet No. states that the Revised Sheet reflects a steam turbine and generator with a total 1 to its market-based rate tariff, FERC revised date for the commencement of output of approximately 200 megawatts; Electric Tariff, Second Revised Volume wholesale Distribution Service. and (2) a coal-fired thermal facility No. 6, to identify the Commission- SCE states that copies of this filing consisting of two steam turbines and approved geographic markets into were served upon the Public Utilities generators with a total output of which NWE may sell ancillary services. Commission of the State of California, approximately 600 megawatts. PSEG Comment Date: March 4, 2004. and Rancho Cucamonga. Huangshi states that it will through an Comment Date: March 4, 2004. 8. American Electric Power Service affiliate sell electric energy at wholesale 12. Western Systems Power Pool, Inc. from the facility and may engage in [Docket No. ER04–276–001] other incidental activities with respect Take notice that on February 12, 2004, [Docket No. ER04–551–000] thereto consistent with PUHCA. American Electric Power Service (AEP) Take notice that on February 12, 2004, Comment Date: March 5, 2004. tendered for filing Amendments to an Western Systems Power Pool, 4. Maine Public Service Company Amended Interconnection and Incorporated (WSPP) tendered for filing Operation Agreement between Ohio a request to amend the WSPP [Docket No. ER00–1053–010] Power Company and Lima Energy Agreement to include ATCO Power Take notice that on February 11, 2004, Company (LEC). AEP requests an Canada Ltd. (ATCO) and Las Vegas Maine Public Service Company (MPS) effective date of February 9, 2004. Cogeneration II, LLC (LVC II) as submitted revisions to its Open Access AEP states that a copy of the filing participants. The WSPP seeks an Transmission Tariff (OATT) to was served upon LEC and the Public effective date of December 22, 2003, for implement an Agreement regarding Commission of Ohio. LVC II membership and January 12, Maine Public Service Company’s Comment Date: March 4, 2004. 2004, for ACTO’s membership. Formula Rate and 2003 Informational 9. Bravo Energy Resources, LLC WSPP states that copies of this filing Filing (Settlement Agreement). will be served upon ATCO and Black MPS states that copies of this filing [Docket No. ER04–292–001] Hills Generation, Inc., the parent were served on the parties to the Take notice that on February 12, 2004, company of LVCC II. In addition, WSPP proceeding, parties to the Settlement Bravo Energy Resources, LLC (Bravo) states that copies will be emailed to Agreement in Docket No. ER00–1053– submitted an amendment to its petition WSPP members who have supplied 000, the Commission Trial Staff, the filed December 15, 2003, for acceptance email addresses for the Contract

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Committee and Contacts lists. WSPP www.ferc.gov, using the ‘‘FERRIS’’ link. link. Enter the docket number (prefaced further states that this filing also has Enter the docket number excluding the by P–) and excluding the last three been posted on the WSPP home page last three digits in the docket number digits, in the docket number field to (www.wspp.org) thereby providing filed to access the document. For access the document. For assistance, notice to all WSPP members. assistance, call (202) 502–8222 or TTY, contact FERC Online Support at Comment Date: March 4, 2004. (202) 502–8659. Protests and [email protected] or toll- interventions may be filed electronically free at (866) 208–3676, or for TTY, 13. Illinois Power Company via the Internet in lieu of paper; see 18 contact (202) 502–8659. [Docket No. ER04–552–000] CFR 385.2001(a)(1)(iii) and the Magalie R. Salas, Take notice that on February 12, 2004, instructions on the Commission’s Web Secretary. Illinois Power Company (Illinois Power) site under the ‘‘e-Filing’’ link. The tendered for filing First Revised Sheet Commission strongly encourages [FR Doc. E4–364 Filed 2–23–04; 8:45 am] No. 10 and Original Sheet No. 180 electronic filings. BILLING CODE 6717–01–P through Original Sheet No. 346, to Magalie R. Salas, include the pro forma Large Generator Secretary. DEPARTMENT OF ENERGY Interconnection Procedures and the Large Generator Interconnection [FR Doc. E4–358 Filed 2–23–04; 8:45 am] BILLING CODE 6717–01–P Federal Energy Regulatory Agreement in its Open Access Commission Transmission Tariff. Illinois Power requests an effective date of January 20, DEPARTMENT OF ENERGY Notice of Settlement Agreement and 2004, for the tariff sheets. Soliciting Comments Comment Date: March 4, 2004. Federal Energy Regulatory February 17, 2004. Commission 14. Avista Corporation Take notice that the following [Docket Nos. ER04–553–000] [Project No. 2503–068] settlement agreement has been filed with the Commission and is available Take notice that on February 12, 2004, Duke Power Company, a Division of Avista Corporation (Avista) tendered for for public inspection. Duke Energy; Notice of Availability of a. Type of Application: Settlement filing with the Federal Regulatory Environmental Assessment Commission a Notice of Cancellation of agreement on resolution of issues related to Endangered Species Act listed Avista’s Rate Schedule No. 194 with February 18, 2004. snails as part of new hydroelectric PacifiCorp. In accordance with the National license applications. Comment Date: March 4, 2004. Environmental Policy Act of 1969, as b. Project Nos.: P–2778–005, P–2777– amended, and the Federal Energy 15. Diverse Power Incorporated 07, P–2061–004, P–1975–014, and P– Regulatory Commission’s (Commission) [Docket No. ER04–555–000] 2055–010. regulations (18 CFR part 380), c. Date filed: February 12, 2004. Take notice that on February 12, 2004, Commission staff have prepared an d. Applicant: Idaho Power Company. Diverse Power Incorporated (Diverse) environmental assessment (EA) that e. Name of Projects: Shoshone Falls, submitted its proposed Revised Tariff analyzes the environmental impacts of Upper Salmon Falls, Lower Salmon Sheet No. 1 of its Original FERC Rate allowing Duke Power Company, Falls, Bliss, C.J. Strike Schedule No. 1. The revised tariff sheet licensee for the Keowee-Jocassee f. Location: On the Snake River, East is being filed to reflect a change in name Hydroelectric Project, to authorize the of Boise, Idaho in the counties of from Troup Electric Membership Corp. Cliffs at Keowee Vineyards (the Cliffs) Owyhee, Elmore, Gooding, Twin Falls, to Diverse Power Incorporated. use of project lands and waters. Jerome. Comment Date: March 4, 2004. Specifically, the Cliffs purposes to g. Filed Pursuant to: Rule 602 of the excavate about 3,300 cubic yards of Standard Paragraph Commission’s rules of practice and sediment material in an area about 785 procedure, 18 CFR 385.602. Any person desiring to intervene or to feet in length, 49 feet in width, and 2.3 h. Applicant Contact: James Tucker, protest this filing should file with the feet in depth for the purpose of Senior Counsel, Idaho Power Company, Federal Energy Regulatory Commission, providing safe access to the previously 1221 West Idaho Street, Boise, Idaho, 888 First Street, NE., Washington, DC approved cluster docks serving the 208–388–2112. 20426, in accordance with rules 211 and subdivision. The EA contains staff’s i. FERC Contact: John Blair, 202–502– 214 of the Commission’s rules of analysis of the potential environmental 6092, [email protected]. practice and procedure (18 CFR 385.211 impacts of the proposal and concludes j. Deadline for filing comments: March and 385.214). Protests will be that approval of the proposed action 15, 2004. Reply comments: March 25, considered by the Commission in would not constitute a major Federal 2004. determining the appropriate action to be action significantly affecting the quality All documents (original and eight taken, but will not serve to make of the human environment. copies) should be filed with: Magalie R. protestants parties to the proceeding. A copy of the EA is attached to a Salas, Secretary, Federal Energy Any person wishing to become a party February 5, 2004, Commission Order Regulatory Commission, 888 First must file a motion to intervene. All such titled ‘‘Order Approving Non-Project Street, NE., Washington, DC 20426. motions or protests should be filed on Use of Project Lands and Waters,’’ The Commission’s rules of practice or before the comment date, and, to the which is available for review and require all interveners filing documents extent applicable, must be served on the reproduction at the Commission’s with the Commission to serve a copy of applicant and on any other person Public Reference Room, located at 888 that document on each person on the designated on the official service list. First Street, NE., Room 2A, Washington, official service list for the project. This filing is available for review at the DC 20426. The EA may also be viewed Further, if an intervener files comments Commission or may be viewed on the on the Commission’s Web site at or documents with the Commission Commission’s Web site at http:// http://www.ferc.gov using the ‘‘elibrary’’ relating to the merits of an issue that

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may affect the responsibilities of a esubscription.asp to be notified via i. FERC Contact: Monte TerHaar, particular resource agency, they must email of new filings and issuances [email protected], (202) 502– also serve a copy of the document on related to this or other pending projects. 6035. that resource agency. For assistance, contact FERC Online j. Cooperating Agencies: We are Comments may be filed electronically Support. asking Federal, State, local, and tribal via the Internet in lieu of paper. The agencies with jurisdiction and/or Commission strongly encourages Magalie R. Salas, special expertise with respect to electronic filings. See 18 CFR Secretary. environmental issues to cooperate with 385.2001(a)(1)(iii) and the instructions [FR Doc. E4–354 Filed 2–23–04; 8:45 am] us in the preparation of the on the Commission’s Web site (http:// BILLING CODE 6717–01–P environmental document. Agencies who www.ferc.gov) under the ‘‘e-Filing’’ link. would like to request cooperation status k. Idaho Power Company (IPC) filed should follow the instruction for filing on behalf of the Company and the U.S. DEPARTMENT OF ENERGY comments described in item n below. Fish and Wildlife Service (FWS) a k. Deadline for filing comments, settlement agreement on the resolution Federal Energy Regulatory motions to intervene, and protests: 60 of all issues related to the Endangered Commission days from the issuance date of this Species Act (ESA) listed snails in [Project Nos. P–11810–004, P–5044–008 and notice. connection with the relicensing of five P–2935–015] All documents (original and eight Snake River hydroelectric Projects: copies) should be filed with: Magalie R. Shoshone Falls, P–2778 Upper Salmon City of Augusta, Enterprise Mill LLC, Salas, Secretary, Federal Energy Falls, P–2777, Lower Salmon Falls, P– Avondale Mills, Inc.; Notice of Regulatory Commission, 888 First 2061, Bliss, P–1975, C.J. Strike, P–2055. Applications Accepted for Filing; Street, NE., Washington, DC 20426. The five projects have a combined Soliciting Comments, Motions to The Commission’s rules of practice capacity of 252 MW. The specific areas Intervene and Protests; and Revised require all intervenors filing documents of disagreement and subsequent Schedule for Processing Applications with the Commission to serve a copy of settlement are whether and how the that document on each person on the load following operations at the Lower February 17, 2004. official service list for the project. Salmon Falls, Bliss and C.J. Strike Take notice that the following Further, if an intervenor files comments projects affect the listed endangered hydroelectric applications have been or documents with the Commission snails. The resolution of this issue is filed with the Commission and are relating to the merits of an issue that important because significant loss of available for public inspection. may affect the responsibilities of a power and economic benefits would a. Types of Applications: Original particular resource agency, they must occur if the projects operated in a year- major license, new major license, also serve a copy of the document on round run-of-river (ROR) mode instead subsequent minor license. that resource agency. of following existing operations. IPC b. Project Nos.: P–11810–004, P– Motions to intervene may be filed and FWS have agreed that additional 5044–008, and P–2935–015. electronically via the Internet in lieu of studies and analyses are desirable to c. Dates filed: Augusta Canal, 02/03/ paper. The Commission strongly assess projects effects on the snails. IPC 03; Sibley Mill, 04/02/01; Enterprise encourages electronic filings. See 18 and FWS have agreed upon an Mill; 09/24/01. CFR 385.2001(a)(1)(iii) and the operational regime for the five projects d. Applicants: City of Augusta, instructions on the Commission’s Web that will permit six years of studies and Enterprise Mill LLC, Avondale Mills site (http://www.ferc.gov) under the ‘‘e- analyses of various project operations Inc. Filing’’ link. on the listed snails. All Parties to the e. Names of Projects: Augusta Canal l. These applications have been settlement have agreed that the Project, P–11810–004; Sibley Mill accepted, and are not ready for Settlement Agreement is fair and Project, P–5044–008; Enterprise Mill environmental analysis at this time. reasonable and in the public interest. Project, P–2935–015. m. Project Descriptions: Augusta On behalf of the Parties, PGE requests f. Location: On the Augusta Canal, Canal: The City of Augusta does not that the Commission approve the adjacent to the Savannah River, propose to construct hydroelectric Settlement Agreement and adopt it as Richmond County, Augusta, GA. The generation facilities and the project part of the new license without material Augusta Canal Project is located on the would produce no power. Augusta modification. Savannah River at the diversion dam for proposes to license parts of the Augusta l. A copy of the settlement agreement the canal. Sibley Mill and Enterprise Canal system which pass flows for use is available for review at the Mill are located in the Augusta Canal, by three existing hydroelectric projects Commission in the Public Reference about 5 and 6 miles, respectively, located in the Augusta Canal. These Room or may be viewed on the downstream of the diversion dam. The projects are the 2.475 megawatt (MW) Commission’s Web site at http:// projects do not affect Federal lands. Sibley Mill Project, 2.05 MW King Mill www.ferc.gov using the ‘‘eLibrary’’ link. g. Filed Pursuant to: Federal Power Project, and the 1.2 MW Enterprise Enter the docket number excluding the Act, 16 U.S.C. 791(a)—825(r). Project. The license for the King Mill last three digits in the docket number h. Applicant Contacts: Augusta Canal: Project, P–9988, does not expire until 5/ field to access the document. For Max Hicks, Director, Utilities 31/2009, and is not being relicensed at assistance, contact FERC Online Department, 360 Bay Street, Suite 180, this time. The proposed Augusta Canal Support at Augusta, Georgia 30901, (706) 312– Project would consist of the following: [email protected] or toll- 4121; Sibley Mill: Mr. J. H. Vaughn, III, (1) The 1,666-foot-long stone masonry free at 1–866–208–3676, or for TTY, Avondale Mills Inc., P.O. Box 128, Augusta Diversion Dam; (2) the 2,250- (202) 502–8659. A copy is also available Graniteville, SC 29829, (803) 663–2116; foot-long Savannah River impoundment for inspection and reproduction at the Enterprise Mill: Beth E. Harris, Project between Steven’s Creek Dam and the address in item h above. Engineer, CHI Energy, Inc., P.O. Box Augusta Diversion Dam; and (3) the first You may also register online at 8597, Greenville, SC 29604, (864) 281– level of the Augusta Canal, which http://www.ferc.gov/docs-filing/ 9630. extends about 7 miles between the

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Augusta Diversion Dam and the located inside the reinforced concrete available for inspection and Thirteenth Street gates. Sibley Mill and masonry Enterprise Mill structure; reproduction at the addresses in item h Project consists of: (1) Intake works (5) an underground 350-foot-long above. including four steel diversion gates on tailrace, and open 500-foot-long tailrace All filings must (1) bear in all capital a 50-foot-long by 15-foot-high intake section returning flow to the Augusta letters the title ‘‘PROTEST’’, ‘‘MOTION structure equipped with 1-inch trash Canal, and (6) appurtenant facilities. TO INTERVENE’’, ‘‘COMMENTS’’; (2) racks; (2) a concrete headrace 290 feet There is no dam or impoundment, as set forth in the heading the name of the long, 42 feet wide, and 15 feet deep; (3) approximately 580 cfs of water is applicant and the project number of the a brick powerhouse; (4) three vertical withdrawn from the Augusta Canal application to which the filing shaft Francis turbine/generator units when operating at full capacity. responds; (3) furnish the name, address, with an installed capacity of 2.475 MW; Developed head is approximately 30 and telephone number of the person (5) an open tailrace 350 feet long, 30 feet feet. The applicant estimates that the submitting the filing; and (4) otherwise wide, and 38 feet deep returning flow to annual generation would be between comply with the requirements of 18 CFR the Augusta Canal; and (6) appurtenant 5,000 and 8,000 MWh. Generated power 385.2001 through 385.2005. Agencies facilities. There is no dam or is utilized within the applicant’s may obtain copies of the application impoundment, as approximately 936 cfs Enterprise Mill which houses directly from the applicant. Each filing of water is withdrawn from the Augusta residential and commercial tenants, and must be accompanied by proof of Canal when operating at full capacity. excess power will be sold to Georgia service on all persons listed on the The applicant estimates that the total Power Company. No new facilities are service list prepared by the Commission average annual generation would be proposed. in this proceeding, in accordance with 11,000 megawatthours (MWh). All n. Copies of the applications are 18 CFR 4.34(b), and 385.2010. generated power is utilized within the available for review at the Commission You may also register online at industrial manufacturing facility in the in the Public Reference Room or may be http://www.ferc.gov/docs-filing/ Sibley Mill. No new facilities are viewed on the Commission’s Web site at esubscription.asp to be notified via proposed. The Enterprise Mill Project http://www.ferc.gov using the email of new filings and issuances consists of: (1) intake works including ‘‘eLibrary’’ link. Enter the docket related to this or other pending projects. two steel sliding, vertical lift intake number excluding the last three digits in For assistance, contact FERC Online gates; (2) primary and secondary steel the docket number field to access the Support. trash racks; (3) two 300-foot-long, 8-foot- document. For assistance, contact FERC o. Procedural Schedule: the remaining diameter penstocks; (4) two vertical Online Support at schedule for processing these shaft turbine/generator units with an [email protected] or toll- applications is revised as shown below. installed capacity of 1.2 megawatts and free at 1–866–208–3676, or for TTY, Revisions to this schedule may be made a rated maximum discharge of 590 cfs, (202) 502–8659. Copies are also as appropriate.

Milestone Target date

Notice Accepting Applications, and Motions to Intervene ...... February 2004. Additional information requested ...... February 2004. Additional Information due ...... April 2004. Notice Ready for Environmental Analysis/Soliciting Final Comments, Recommendations, Terms and Conditions ...... April 2004. Deadline for Agency Recommendations ...... June 2004. Notice of the availability of the EA ...... August 2004. Public Comments on EA due ...... September 2004. Ready for Commission decision on the application ...... Oct.–Nov. 2004.

Magalie R. Salas, d. Applicant: Grand River Dam j. Deadline for filing comments and or Secretary. Authority. motions: March 19, 2004. [FR Doc. E4–355 Filed 2–23–04; 8:45 am] e. Name of Project: Pensacola Project. k. Description of the Application: The BILLING CODE 6717–01–P f. Location: The project is located on project licensee requests Commission the Grand (Neosho) River in Craig, authorization to permit St. Andrew’s Delaware, Mayes, and Ottawa Counties, Harbor to install five floating docks with DEPARTMENT OF ENERGY Oklahoma. The project does not occupy a total of 47 covered boat slips. The any federal or tribal lands. The dock facilities would be used by Federal Energy Regulatory homeowners in a residential Commission proposed non-project use would be located on Grand Lake of the Cherokees development on Monkey Island known as St. Andrew’s. Notice of Application for Amendment in Section 9, Township 24 North, Range 23 East in Delaware County. l. Location of the Application: A copy of License and Soliciting Comments, of the application is available for Motions To Intervene, and Protests g. Filed Pursuant to: Federal Power inspection and reproduction at the Act, 16 U.S.C. 791(a)–825(r). February 18, 2004. Commission’s Public Reference Room, Take notice that the following h. Applicant Contacts: Mary Von located at 888 First Street, NE., Room application has been filed with the Drehle or Teresa Hicks, Grand River 2A, Washington, DC 20426, or by calling Commission and is available for public Dam Authority, P.O. Box 409, Vinita, (202) 502–8371. This filing may also be inspection: OK 74301. Phone: (918) 256–5545. viewed on the Commission’s Web site at a. Application Type: Non-project use i. FERC Contact: Any questions on http://www.ferc.gov using the of project lands and waters. this notice should be addressed to Steve ‘‘eLibrary’’ link. Enter the docket b. Project Number: P–1494–259. Naugle at (202) 502–6061, or by e-mail: number excluding the last three digits in c. Date Filed: October 31, 2003. [email protected]. the docket number field to access the

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document. You may also register online site at http://www.ferc.gov under the ‘‘e- feet Pensacola Datum. The dock at http://www.ferc.gov/docs-filing/ Filing’’ link. facilities would be used by homeowners esubscription.asp to be notified via e- in Stony Creek Subdivision, a new Magalie R. Salas, mail of new filings and issuances residential community being developed related to this or other pending projects. Secretary. by Batavia. For assistance, call 1–866–208–3676 or [FR Doc. E4–361 Filed 2–23–04; 8:45 am] l. Location of the Application: A copy e-mail [email protected], or BILLING CODE 6717–01–P of the application is available for for TTY, call (202) 502–8659. A copy is inspection and reproduction at the also available for inspection and Commission’s Public Reference Room, DEPARTMENT OF ENERGY reproduction at the address in item (h) located at 888 First Street, NE., Room above. 2A, Washington, DC 20426, or by calling Federal Energy Regulatory (202) 502–8371. This filing may also be m. Individuals desiring to be included Commission viewed on the Commission’s Web site at on the Commission’s mailing list should Notice of Application for Amendment http://www.ferc.gov using the so indicate by writing to the Secretary ‘‘eLibrary’’ link. Enter the docket of the Commission. of License and Soliciting Comments, Motions to Intervene, and Protests number excluding the last three digits in n. Comments, Protests, or Motions To the docket number field to access the Intervene: Anyone may submit February 18, 2004. document. You may also register online comments, a protest, or a motion to Take notice that the following at http://www.ferc.gov/docs-filing/ intervene in accordance with the application has been filed with the esubscription.asp to be notified via requirements of Rules of Practice and Commission and is available for public email of new filings and issuances Procedure, 18 CFR 385.210, 385.211, inspection: related to this or other pending projects. 385.214. In determining the appropriate a. Application Type: Non-project use For assistance, call 1–866–208–3676 or action to take, the Commission will of project lands and waters. e-mail [email protected], or consider all protests or other comments b. Project Number: P–1494–261. for TTY, call (202) 502–8659. A copy is filed, but only those who file a motion c. Date Filed: December 12, 2003. also available for inspection and to intervene in accordance with the d. Applicant: Grand River Dam reproduction at the address in item (h) Commission’s Rules may become a Authority (GRDA). above. party to the proceeding. Any comments, e. Name of Project: Pensacola Project. m. Individuals desiring to be included protests, or motions to intervene must f. Location: The project is located on on the Commission’s mailing list should be received on or before the specified the Grand (Neosho) River in Craig, so indicate by writing to the Secretary comment date for the particular Delaware, Mayes, and Ottawa Counties, of the Commission. n. Comments, Protests, or Motions to application. Oklahoma. The project does not occupy any Federal or tribal lands. The Intervene: Anyone may submit o. Filing and Service of Responsive proposed non-project use would occupy comments, a protest, or a motion to Documents: Any filings must bear in all project lands and waters on Grand Lake intervene in accordance with the capital letters the title ‘‘COMMENTS’’, O’ the Cherokees in Section 11, requirements of Rules of Practice and ‘‘RECOMMENDATIONS FOR TERMS Township 24 North, Range 23 East in Procedure, 18 CFR 385.210, 385.211, AND CONDITIONS’’, ‘‘PROTEST’’, or Delaware County on Sunset Peninsula 385.214. In determining the appropriate ‘‘MOTION TO INTERVENE’’, as near Grove, Oklahoma. action to take, the Commission will applicable, and the Project Number of g. Filed Pursuant to: Federal Power consider all protests or other comments the particular application to which the Act, 16 U.S.C. 791 (a)—825(r). filed, but only those who file a motion filing refers (P–1494–259). All h. Applicant Contacts: Mary Von to intervene in accordance with the documents (original and eight copies) Drehle or Teresa Hicks, Grand River Commission’s Rules may become a should be filed with: Magalie R. Salas, Dam Authority, P.O. Box 409, Vinita, party to the proceeding. Any comments, Secretary, Federal Energy Regulatory OK 74301. Phone: (918) 256–5545. protests, or motions to intervene must Commission, 888 First Street, NE., i. FERC Contact: Any questions on be received on or before the specified Washington, DC 20426. A copy of any this notice should be addressed to Steve comment date for the particular motion to intervene must also be served Naugle at (202) 502–6061, or by e-mail: application. upon each representative of the [email protected]. o. Filing and Service of Responsive Applicant specified in the particular j. Deadline for filing comments and or Documents: Any filings must bear in all application. motions: March 19, 2004. capital letters the title ‘‘COMMENTS’’, k. Description of the Application: ‘‘RECOMMENDATIONS FOR TERMS p. Agency Comments: Federal, state, GRDA, the project licensee, requests AND CONDITIONS’’, ‘‘PROTEST’’, or and local agencies are invited to file Commission authorization to permit ‘‘MOTION TO INTERVENE’’, as comments on the described application. William Skea d/b/a Batavia applicable, and the Project Number of A copy of the application may be Development Company, LLC (Batavia) the particular application to which the obtained by agencies directly from the to: (1) dredge approximately 17,000 filing refers (P–1494–261). All Applicant. If an agency does not file cubic yards of bed and bank material on documents (original and eight copies) comments within the time specified for 2.1 acres in Paris Cove, a small inlet to should be filed with: Magalie R. Salas, filing comments, it will be presumed to Honey Creek Cove; and (2) construct Secretary, Federal Energy Regulatory have no comments. One copy of an four floating docks with a total of 30 Commission, 888 First Street, NE., agency’s comments must also be sent to covered boat slips within the dredged Washington DC 20426. A copy of any the Applicant’s representatives. area in the back reach of the cove. The motion to intervene must also be served q. Comments, protests, and purpose of the proposed dredging is to upon each representative of the interventions may be filed electronically deepen the cove to allow boat access to Applicant specified in the particular via the Internet in lieu of paper. See 18 the installed docks. The dredged application. CFR 385.2001(a)(1)(iii) and the material would be placed on Batavia’s p. Agency Comments: Federal, state, instructions on the Commission’s Web adjacent property above elevation 757 and local agencies are invited to file

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comments on the described application. Transcripts of the conference will be certain changes in the filing A copy of the application may be immediately available from Ace requirements which are effective obtained by agencies directly from the Reporting Company (202–347–3700 or beginning with the first quarter 2004 Applicant. If an agency does not file 1–800–336–6646) for a fee. They will be filing, due April 30, 2004. The comments within the time specified for available for the public on the enhancements have been made to the filing comments, it will be presumed to Commission’s eLibrary system seven EQR submission software and users’ have no comments. One copy of an calendar days after FERC receives the EQR software will be automatically agency’s comments must also be sent to transcript. Additionally, Capitol updated to the new version when they the Applicant’s representatives. Connection offers the opportunity for open their software on a computer that q. Comments, protests, and remote listening of the conference via is connected to the Internet. A newly interventions may be filed electronically Real Audio or a Phone Bridge revised Users Guide and guidance for via the Internet in lieu of paper. See, 18 Connection for a fee. Persons interested the changes resulting from Order No. CFR 385.2001(a)(1)(iii) and the in making arrangements should contact 2001–E have been posted on the instructions on the Commission’s Web David Reininger or Julia Morelli at the Commission’s Web site at http:// site at http://www.ferc.gov under the ‘‘e- Capitol Connection (703–993–3100) as www.ferc.gov/docs-filing/eqr/eqr- Filing’’ link. soon as possible or visit the Capitol soft.asp. Connection Web site at http:// On March 11 and 12, 2004, there will Magalie R. Salas, www.capitolconnection.org and click on be an EQR Users Group Workshop. All Secretary. ‘‘FERC.’’ interested parties are invited to attend. [FR Doc. E4–362 Filed 2–23–04; 8:45 am] For more information about the The meeting will be held in the BILLING CODE 6717–01–P conference, please contact Sarah Commission Meeting Room at FERC McKinley at (202) 502–8004 or headquarters, 888 First Street, NE., [email protected]. Washington, DC. For those unable to DEPARTMENT OF ENERGY attend in person, access to some of the Magalie R. Salas, workshop sessions will be available by Federal Energy Regulatory Secretary. teleconference. These sessions are Commission [FR Doc. E4–360 Filed 2–23–04; 8:45 am] intended to be interactive meetings with [Docket Nos. ER04–48–000, RT04–01–000, BILLING CODE 6717–01–P considerable discussion of detailed ER04–434–000, ER99–4392–000, and RM01– elements of the EQR. 12–000] The teleconferenced Users Group DEPARTMENT OF ENERGY Meeting will run from 1 p.m. to 5 p.m. Southwest Power Pool, Inc., on Thursday, March 11 and from 10 Remedying Undue Discrimination Federal Energy Regulatory a.m. to 1 p.m. on Friday, March 12. Through Open Access Transmission Commission There will be informal working sessions Service and Standard Electricity [Docket Nos. RM01–8–000 and ER02–2001– Thursday morning, from 9:30 a.m. until Market Design; Notice of Technical 000] 12 p.m., and Friday afternoon, from 2 Conference p.m. to 4 p.m. Those sessions will not Revised Public Utility Filing be available via teleconference. Those February 18, 2004. Requirements Electric Quarterly interested in participating in person or Take notice that a technical Reports; Notice of Electric Quarterly via teleconference are asked to register conference for the Southwest Power Reports Information online by March 1, 2004, at http:// Pool, Inc. (SPP) will be held on Friday, www.ferc.gov/whats-new/registration/ March 19, from approximately 9 a.m. to February 18, 2004. eqr_0311-form.asp. There is no 1 p.m. central standard time at the Hyatt This notice announces: registration fee. Regency DFW, inside the Dallas/Ft. • The availability of a new version of On February 24, 2004, Barbara Worth Airport in Dallas, Texas. Electric Quarterly Report (EQR) Bourque (EQR Program Manager) and Members of the Commission will attend submission software (2.0) which Steven Reich will hold an EQR outreach and participate in the discussions. implements the changes mandated in session at the offices of the California This conference shall be one in a Order No. 2001–E. Independent System Operator. The series of regional technical conferences • A two-day EQR Users Group meeting will be held at 151 Blue Ravine announced in the White Paper issued in Workshop in Washington, DC, on March Road in Folsom, California and will run this docket on April 28, 2003. The 11 and 12, 2004. from 1:30 p.m. to 5:30 p.m. It will Commission intends to use this • An outreach session for western include a discussion of the changes conference to discuss with states and EQR filers on February 24, 2004, at the mandated by Order No. 2001–E and an market participants reasonable California ISO. extended question and answer session. timetables for RTO development • The availability of a function to Those interested in attending the activities to benefit customers within download the entire EQR database to a meeting are asked to register online by the region. remote site. 11 a.m. Pacific time on Friday, February Individual panelists will be invited to On April 25, 2002, the Commission 20, 2004, at http://www.ferc.gov/whats- participate in this conference. Further issued Order No. 2001,1 a final rule new/registration/eqr_0224-form.asp. details of the conference, including the which requires public utilities to file There is no registration fee. Questions agenda, will be specified in a Electric Quarterly Reports. Order 2001– and comments may be submitted in subsequent notice. All interested E, issued December 23, 2003, made advance by filing them in ER02–2001 as persons may attend the conference, and described below, or by submitting them registration is not required. However, 1 Revised Public Utility Filing Requirements, online at http://www.ferc.gov/whats- in-person attendees are encouraged to Order No. 2001, 67 FR 31043, FERC Stats. & Regs. new/registration/question-form.asp. ¶ 31,127 (April 25, 2002); reh’g denied, Order No. register on-line at http://www.ferc.gov/ 2001–A, 100 FERC ¶ 61,074, reconsideration and Beginning February 18, 2004, whats-new/registration/smd-0319- clarification denied, Order No. 2001–B, 100 FERC interested parties may download a copy form.asp. ¶ 61.342 (2002). of the entire EQR database from the

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FERC Web site at http://www.ferc.gov/ SMOG and Pollution filed a complaint feasibility of implementing the docs-filing/eqr/database-down-new.asp. seeking to require EPA to take final California Zero Emission Vehicle The database is in Visual FoxPro (VFP) actions regarding determinations of (‘‘ZEV’’) mandate in Maine. In addition, format. The file is over 500 MB whether several PM–10 and ozone the proposed amendment to the second compressed, expanding to over 7,500 nonattainment areas had attained the consent decree expects that the Maine MB when decompressed. This file will pertinent air quality standards by their DEP will submit for EPA’s approval be updated each Saturday, and only one attainment dates. EPA and the plaintiffs eight specific revisions to its State user at a time will be allowed to previously settled the claims regarding Implementation Plan by dates set forth download it because of its size. For that a number of the nonattainment areas, in the consent decree. The proposed reason and because of the computer including Portland, Maine, in prior amendment to the consent decree sophistication required to use a VFP consent decrees. EPA and the plaintiffs provides that if Maine DEP does not database, only parties with IT are now proposing to amend the consent make its ZEV study publicly available departments capable of supporting the decree concerning Portland to extend by the specified date or if EPA does not database should attempt to download it. the date for EPA’s final action regarding find the SIP revisions complete or Interested parties wishing to file Portland. Under the terms of the approve them by specified dates, EPA is comments may do so under the above- proposed amendment to the second to take final action regarding the captioned Docket Numbers. Those consent decree, EPA will sign for determination of attainment for filings will be available for review at the publication in the Federal Register the Portland. If, however, the ZEV study is Commission or may be viewed on the Administrator’s final determination made publicly available and EPA Commission’s Web site at http:// pursuant to 42 U.S.C. 7511(b)(2) on approves all of the eight SIP revisions, www.ferc.gov, using the ‘‘eLibrary’’ link. whether the Portland area did or did not then EPA is to have no further Enter the docket number excluding the attain the 1-hour national ambient air obligations under the consent decree. last three digits in the docket number quality standards for ozone by the For a period of thirty (30) days field to access the document. For applicable attainment date. following the date of publication of this assistance, contact FERC Online DATES: Written comments on the notice, the Agency will receive written Support at proposed amendment to second consent comments relating to the proposed [email protected] or via decree must be received by March 25, amendment to second consent decree phone at (866) 208–3676 (toll-free). For 2004. from persons who were not named as TTY, contact (202) 502–8659. ADDRESSES: Submit your comments, parties or interveners to the litigation in For additional information, please identified by docket ID number OGC– question. EPA or the Department of contact Barbara Bourque of FERC’s 2004–0003, online at http:// Justice may withdraw or withhold Office of Market Oversight & www.epa.gov/edocket (EPA’s preferred consent to the proposed amendment to Investigations at (202) 502–8338 or by e- method); by e-mail to second consent decree if the comments mail, [email protected]. [email protected]; mailed to EPA disclose facts or considerations that Magalie R. Salas, Docket Center, Environmental indicate that such consent is inappropriate, improper, inadequate, or Secretary. Protection Agency, Mailcode: 2822T, inconsistent with the requirements of [FR Doc. E4–365 Filed 2–23–04; 8:45 am] 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; or by the Act. Unless EPA or the Department BILLING CODE 6717–01–P hand delivery or courier to EPA Docket of Justice determine, based on any Center, EPA West, Room B102, 1301 comment which may be submitted, that Constitution Ave., NW., Washington, consent to the amendment to the second ENVIRONMENTAL PROTECTION DC, between 8:30 a.m. and 4:30 p.m. consent decree should be withdrawn, AGENCY Monday through Friday, excluding legal the terms of the decree will be affirmed. [FRL–7626–2] holidays. Comments on a disk or CD- II. Additional Information About ROM should be formatted in Commenting on the Proposed Proposed Amendment to Second Wordperfect or ASCII file, avoiding the Amendment to Second Consent Decree Consent Decree, Clean Air Act Citizen use of special characters and any form Suit of encryption, and may be mailed to the A. How Can I Get a Copy of the Amendment to the Second Consent AGENCY: mailing address above. Environmental Protection Decree? Agency (EPA). FOR FURTHER INFORMATION CONTACT: ACTION: Notice of proposed amendment Kevin McLean, Air and Radiation Law EPA has established an official public to second consent decree regarding Office (2344A), Office of General docket for this action under Docket ID Portland, Maine; request for public Counsel, U.S. Environmental Protection No. OGC-2004–0003 which contains a comment. Agency, 1200 Pennsylvania Ave., NW., copy of the amendment to second Washington, DC 20460. telephone: (202) consent decree. The official public SUMMARY: In accordance with section 564–5564. docket is available for public viewing at 113(g) of the Clean Air Act, as amended SUPPLEMENTARY INFORMATION: the Office of Environmental Information (‘‘Act’’), 42 U.S.C. 7413(g), notice is (OEI) Docket in the EPA Docket Center, hereby given of a proposed amendment I. Additional Information About the EPA West, Room B102, 1301 to the second partial consent decree, to Proposed Amendment to Second Constitution Ave., NW., Washington, address a lawsuit filed by Sierra Club Consent Decree DC. The EPA Docket Center Public and the Group Against SMOG and The proposed amendment to the Reading Room is open from 8:30 a.m. to Pollution in the District Court for the second consent decree expects that the 4:30 p.m., Monday through Friday, District of Columbia: Sierra Club and Maine Department of Environmental excluding legal holidays. The telephone Group Against SMOG and Pollution, Protection (‘‘DEP’’) will notify EPA in number for the Public Reading Room is Inc. v. Leavitt, No. 1:00CV02206 (D. writing by March 1, 2004 that it has (202) 566–1744, and the telephone D.C.). On or about September 14, 2000, issued and made publicly available a number for the OEI Docket is (202) 566– Sierra Club and the Group Against study, including supporting data on the 1752.

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An electronic version of the public and cannot contact you for clarification, DATES: NACEPT will hold a two-day docket is available through EPA’s EPA may not be able to consider your public meeting on Thursday, March 11, electronic public docket and comment comment. from 8:30 a.m. to 5 p.m. and Friday, system, EPA Dockets. You may use EPA Your use of EPA’s electronic public March 12, from 8:30 a.m. to 3 p.m. Dockets at http://www.epa.gov/edocket/ docket to submit comments to EPA ADDRESSES: The meeting will be held at to submit or view public comments, electronically is EPA’s preferred method the Grant Hyatt Washington, 1000 H access the index listing of the contents for receiving comments. The electronic Street, NW., Washington, DC. The of the official public docket, and to public docket system is an ‘‘anonymous meeting is open to the public, with access those documents in the public access’’ system, which means EPA will limited seating on a first-come, first- docket that are available electronically. not know your identity, e-mail address, served basis. Once in the system, select ‘‘search,’’ or other contact information unless you FOR FURTHER INFORMATION CONTACT: then key in the appropriate docket provide it in the body of your comment. Sonia Altieri, Designated Federal identification number. In contrast to EPA’s electronic public Officer, [email protected], 202–233– It is important to note that EPA’s docket, EPA’s electronic mail (e-mail) 0061, U.S. EPA, Office of Cooperative policy is that public comments, whether system is not an ‘‘anonymous access’’ Environmental Management (1601E), submitted electronically or in paper, system. If you send an e-mail comment 1200 Pennsylvania Avenue, NW., will be made available for public directly to the Docket without going Washington, DC 20460. viewing in EPA’s electronic public through EPA’s electronic public docket, SUPPLEMENTARY INFORMATION: Requests docket as EPA receives them and your e-mail address is automatically to make oral comments or provide without change, unless the comment captured and included as part of the written comments to the Council should contains copyrighted material, CBI, or comment that is placed in the official be sent to Sonia Altieri, Designated other information whose disclosure is public docket, and made available in Federal Officer using the contact restricted by statute. Information EPA’s electronic public docket. information below by March 5, 2004. claimed as CBI and other information The public is welcome to attend all whose disclosure is restricted by statute Dated: February 17, 2004. Lisa K. Friedman, portions of the meeting. is not included in the official public Meeting Access: Individuals requiring docket or in EPA’s electronic public Associate General Counsel, Air and Radiation Law Office, Office of General Counsel. special accommodation at this meeting, docket. EPA’s policy is that copyrighted including wheelchair access, should [FR Doc. 04–3935 Filed 2–23–04; 8:45 am] material, including copyrighted material contact Sonia Altieri at least five contained in a public comment, will not BILLING CODE 6560–50–P business days prior to the meeting so be placed in EPA’s electronic public that appropriate arrangements can be docket but will be available only in made. printed, paper form in the official public ENVIRONMENTAL PROTECTION docket. Although not all docket AGENCY Dated: February 10, 2004. Sonia Altieri, materials may be available [FRL–7626–3] electronically, you may still access any Designated Federal Officer. of the publicly available docket National Advisory Council for [FR Doc. 04–3933 Filed 2–23–04; 8:45 am] materials through the EPA Docket Environmental Policy and Technology BILLING CODE 6560–50–M Center. AGENCY: Environmental Protection B. How and To Whom Do I Submit Agency (EPA). Comments? FARM CREDIT ADMINISTRATION ACTION: Notice of meeting. You may submit comments as RIN 3052–AC13 provided in the ADDRESSES section. SUMMARY: Under the Federal Advisory Please ensure that your comments are Committee Act, Pub. L. 92–463, EPA Loan Policies and Operations; Loan submitted within the specified comment gives notice of a meeting of the National Syndication Transactions period. Comments received after the Advisory Council for Environmental AGENCY: Farm Credit Administration. close of the comment period will be Policy and Technology (NACEPT). ACTION: Final notice. marked ‘‘late.’’ EPA is not required to NACEPT provides advice and consider these late comments. recommendations to the Administrator SUMMARY: The Farm Credit If you submit an electronic comment, of EPA on a broad range of Administration (FCA or agency) EPA recommends that you include your environmental policy, technology, and provides, in this notice, the guidance name, mailing address, and an e-mail management issues. NACEPT consists of that the Farm Credit System (FCS or address or other contact information in a representative cross-section of EPA’s System) requested about the regulatory the body of your comment and with any partners and principal constituents who treatment of syndicated loans to eligible disk or CD ROM you submit. This provide advice and recommendations borrowers. This notice also reaffirms ensures that you can be identified as the on policy issues and serve as a sounding FCA’s longstanding interpretation that submitter of the comment and allows board for new strategies that the Agency syndicated loans to eligible borrowers EPA to contact you in case EPA cannot is developing. The Council is a come within System banks’ and read your comment due to technical proactive, strategic panel of experts that associations’ lending powers, not their difficulties or needs further information identifies emerging challenges facing loan participation authorities. on the substance of your comment. Any EPA and responds to specific charges FOR FURTHER INFORMATION CONTACT: identifying or contact information requested by the Administrator and the Dennis K. Carpenter, Senior Policy provided in the body of a comment will program office managers. The purpose Analyst, Office of Policy and Analysis, be included as part of the comment that of the meeting is to develop the Farm Credit Administration, McLean, is placed in the official public docket, NACEPT Council’s agenda for FY04 to VA 22102–5090, (703) 883–4498, TTY and made available in EPA’s electronic support the Administrator’s priorities. (703) 883–4434; or public docket. If EPA cannot read your In addition, NACEPT will report on the Richard A. Katz, Senior Attorney, comment due to technical difficulties work of its subcommittees. Office of General Counsel, Farm Credit

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Administration, McLean, VA 22102– each creditor in a syndicated loan transactions. A May 16, 2002 letter from 5090, (703) 883–4020, TTY (703) 883– transaction receives its own promissory the Farm Credit Council (FCC) to the 2020. note from the borrower. Loan Chairman of the FCA stated that the SUPPLEMENTARY INFORMATION: agreements usually allow the original agency’s position places the System at a loan syndicators to sell both competitive disadvantage with I. Brief Overview assignments and participations in their commercial lenders for syndicated System banks and associations engage portion of the credit to other lenders. credits because (1) Associations must in loan syndication transactions for Thereafter, a purchaser of an assignment comply with borrower rights eligible borrowers under their direct has a direct contractual relationship requirements and obtain consent for lending authorities. Therefore, with the borrower. out-of-territory loans, (2) the agricultural syndications to eligible borrowers are credit bank (ACB) and associations must B. The FCA’s Historical Position on sell voting stock to borrowers, and (3) subject to all statutory and regulatory Participations and Syndications requirements that apply to direct loans. all FCS institutions must maintain the Eligible borrowers must purchase and The FCA has consistently viewed first-lien position on voting stock and, hold the voting stock of FCS lenders syndications as loans under the in certain cases, long-term mortgage real that are parties to the syndication. System’s direct lending authority, not as estate pledged as collateral. The FCC Borrower rights and territorial consent participations. In 1991, the preamble to also stated that as long as these requirements apply when lenders a reproposed rule on loan participations requirements apply, commercial banks operating under title I or II of the Farm and other interests in loans stated: that organize and comprise a majority of Credit Act of 1971, as amended, (Act) The reproposed regulations do not address lenders taking part in syndications take part in syndications made to loan syndications, whereby a borrower has a would probably exclude System eligible borrowers. All System lenders direct contractual relationship with more institutions from most transactions. that engage in loan syndication than one lender but the loan negotiations Borrower rights, borrower stock, and transactions must maintain a first-lien with the borrower are coordinated under the territorial consent are not standard auspices of a lead bank(s). Such loans can be practices in loan syndication position on borrower stock, and all FCS made through the exercise of the institution’s associations operating under title I of transactions because they only apply to direct lending authority provided * * * other the FCS. As a result, the FCC asserted the Act must hold a first lien on real statutory and regulatory requirements * * * estate pledged as collateral. Farm Credit are met. that these requirements are obstacles banks operating under title I of the Act that block the System from assuming a (Emphasis added). See 56 FR 2452 (Jan. meaningful role in syndications to cannot enter directly into loan 23, 1991). syndications after they have transferred eligible borrowers. Two more recent rulemakings The FCC attached a position paper their direct lending authority to their reaffirmed that a System institution’s and legal analysis to its letter, which affiliated associations. Finally, no participation interest in a loan made by advocated the System’s view that loan System bank or association has another lender does not result in a syndications are the functional authority to purchase assignments in direct contractual relationship with the equivalent of loan participations loan syndications from non-System borrower. The rulemakings also because a System institution (1) lenders. recognized three factors that Acquires only a small fraction of the II. Background demonstrate that a participation cannot overall credit to the borrower, and (2) be interpreted as a direct loan. In a cannot unilaterally make major credit A. Distinctions Between Participations participation, (1) There is no contractual decisions about the loan. and Syndications relationship between the borrower and As a result of the System’s request, Many different types of arrangements participating lenders, (2) only the lead the FCA Board decided to solicit enable lenders to work together in lender extends credit directly to the comments from the public about the multi-lender transactions. Participations borrower, and (3) the lead lender is the regulatory treatment of syndications. On and syndications are two separate and only lender of record on all loan January 17, 2003, the FCA published a distinct examples of multi-lender documents. The FCA relied in part on notice (See 68 FR 2540) in the Federal transactions. The essential these principles in 2000 when it Register that asked the public to answer distinguishing factor between the two is repealed several regulations that the following questions: the legal relationships among the required out-of-territory consent for loan 1. What is the proper regulatory parties. participations that FCS lenders buy treatment of loan syndications? Loan participations involve two from non-System lenders,1 and in 2002, 2. Assuming syndication transactions separate legal relationships. The first when it authorized FCS banks and are within the System’s loan-making relationship is between the borrower associations to buy 100-percent authority, should the FCA consider and loan originator (lead lender), and participations from non-System regulatory changes that allow (a) the second relationship is between the lenders.2 Borrowers to waive borrower rights in lead lender and the participating syndication transactions, and (b) lenders. In a loan participation, only the C. The System’s Petition and the FCA’s associations to take part in syndications lead lender signs a loan agreement with, Request for Input From the Public to eligible borrowers who are located in and receives a promissory note from, the Syndicated loans are emerging as a the chartered territories of other borrower. Participating lenders must more common method of financing large associations without consent? look only to the lead lender for agricultural operations. As a result, the 3. If the FCA would choose to satisfaction of their claims because they System has asked the FCA to change its recommend statutory changes to have no contractual relationship with approach to syndications so FCS banks Congress regarding the System’s the borrower. and associations would have greater authority to engage in various types of In syndications, the borrower signs a flexibility to engage in such multi-lender transactions with non- loan agreement with multiple creditors, System lenders, what specifically each of whom has a direct contractual 1 See 65 FR 24101 (Apr. 25, 2000). should the FCA include in its relationship with the borrower. Usually, 2 See 67 FR 1282 (Jan. 10, 2002). recommendation?

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The initial comment period expired 2. Syndications are credits to large B. The Text and Structure of the Act on February 18, 2003. At the request of borrowers, whereas the System should the FCC, the FCA reopened the focus on young, beginning, and small In determining whether or not a comment period on February 25, 2003 farmers and ranchers and other statute is ambiguous, its provisions for 60 additional days.3 The FCA borrowers that are more closely ‘‘must be read in their context and with subsequently extended the comment involved in production agriculture; a view to their place in the overall period twice, each time for an 3. Congress gave borrower rights to statutory scheme.’’ 5 In other words, all additional 60 days, as members of the farmers who borrow from the System, the parts of a statute must fit into a public requested.4 The comment period and the FCA should protect those rights, ‘‘harmonious whole,’’ 6 and one closed on August 19, 2003. and provision cannot be interpreted in a way 4. A new interpretation that would that negates another provision of the D. Comments Received exempt System associations from same statute. Furthermore, the words of The FCA received 152 comment territorial consent revives the national a statute must be interpreted according letters from System and non-System charter initiative and encourages the to their ‘‘ordinary, contemporary, lenders and other interested parties. associations to ‘‘cherry pick’’ large common meaning,’’ 7 unless Congress Fifty-six (56) letters came from System credits. clearly expressed a different intent. banks and associations that asked the III. Review of Loan Syndications for An examination of the text, structure, FCA to change its interpretation and, in Eligible Borrowers and history of the Act indicates that the future, treat syndications to eligible Congress was not silent or ambiguous After reviewing input from the public borrowers as loan participations. about this issue. After applying these Additionally, 10 commercial lenders and conducting a thorough legal review of the Act, its legislative history, and judicial rules of statutory construction supported continued System to the Act, the FCA reaffirms that involvement in loan syndication external sources, the FCA reaffirms that syndications and assignments of syndicated loans to eligible borrowers transactions. The FCA received 86 are part of the System’s direct lending comment letters from commercial interests in syndicated loans do not fall within the statutory authority of FCS authority and do not fall within the banks, their trade associations, and System’s participation authority. members of the general public that favor banks and associations to participate in retaining the current interpretation. loans made by non-System lenders to 1. Definition of Participation and These commenters opposed any eligible borrowers. Under the Act, Syndication syndicated loans to eligible borrowers regulatory changes. Both System and are part of the System’s direct lending As the rules of statutory construction non-System commenters opposed the authority. For this reason, regulations require, the FCA examines the FCA asking Congress for new legislation that implement the Act and other ‘‘ordinary, contemporary, common on syndications. meaning’’ of the terms in question. The commenters who favor changing guidance from the FCA will continue to ‘‘Participate’’ and ‘‘participation’’ is the FCA’s current interpretation advised require System banks and associations clearly different from the meaning of the FCA that: to (1) Treat syndications to eligible ‘‘syndications.’’ Moreover, defining 1. The trend in the markets is away borrowers as direct loans, and (2) ‘‘participate’’ or ‘‘participation’’ to from traditional participations and comply with all statutory and regulatory include syndications would contradict toward syndications; requirements that apply to direct loans. the commonly understood meaning of 2. Syndications resemble A. The Rules of Statutory Construction participations because each party only these terms in the financial, business, In interpreting the provisions of the has a fractional interest in the entire and legal communities. For example, a Act that govern the System’s direct credit and, in contrast to direct loans, no banking law journal described the lending and participation authorities, party can unilaterally make major credit differences between participations and the FCA is guided by the rules of decisions; syndications as follows: statutory construction that Federal 3. Borrower rights, borrower stock, Multiple lender transactions generally fall courts use when they review an first-lien position, and territorial into two categories: loan participations and agency’s interpretation of the statute it consent requirements deter commercial loan syndications. The first category, loan administers. A reviewing court lenders from inviting System participations, involved transactions where a examines the language and design of the lead or originating lender sells a part of or institutions to take part in loan whole statute to determine whether or all of a loan to one or more purchasers. syndications, and Participation, thus, can be defined as a third 4. Because the FCA has broad not Congress clearly expressed its intent about the question at hand. If Congress’ party’s acquisition of a specified percentage discretion in how it interprets the Act, of a prearranged loan. and is entitled to judicial deference, the intent is clear, the inquiry ends, and the unambiguously expressed intent of * * * * * FCA should extend the definition of The second type of multi-lender ‘‘participation’’ in the similar entity Congress is enforced. If the applicable provisions of the statute are silent or transaction, loan syndications, involve two or provisions of the Act to syndications for more lenders who make a loan(s) to a ambiguous, the agency’s interpretation eligible borrowers. borrower under a common loan agreement. The commenters who favor retaining is entitled to judicial deference as long Each lender is a syndicate member. Unlike FCA’s current interpretation asked the as it is not arbitrary, capricious, or participations, the borrower has direct FCA to consider that: manifestly contrary to the statute. The relationships with each of the lenders. Thus, 1. The law on this issue is settled, and agency’s reasonable interpretation of the the markets distinguish syndications statute is entitled to judicial deference 5 FDA v. Brown & Williamson Tobacco Corp., 529 from participations and, therefore, the even if the reviewing court would not U.S. 120, 133 (2000) (citing Davis v. Mich. Dept. of Treas., 489 U.S. 803, 809 (1989)). FCA’s current interpretation is correct; have necessarily adopted the agency’s position had it decided the issue. See 6 Id. (citing FTC v. Mandel Bros, Inc., 359 U.S. 386, 389 (1959)). 3 See 68 FR 8764 (Feb. 25, 2003). Chevron U.S.A., Inc. v. Natural 7 Pioneer Investment Service Co. v. Brunswick 4 See 68 FR 19538 (Apr. 21, 2003); 68 FR 37824 Resources Defense Council, Inc., 467 Associates Ltd. Partnership, 507 U.S. 380, 388 (Jun. 25, 2003). U.S. 837, 842–43 (1984). (1993).

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each syndicate member is in direct privity of attributes of a syndication as follows, ‘‘participations’’ to include syndications contract with the borrower.8 ‘‘[e]ach bank is a party to the syndicated and assignments.18 As explained above, Case law 9 and guidance from other loan agreement, is in privity of contract the rules of statutory construction Federal banking regulators 10 also with the borrower, and receives its own require that the various provisions of distinguish between syndications and note and security interest in the the Act be ‘‘read in their context and participations. A passage in Bank of the collateral.’’ 15 In summary, the with a view to their place in the overall West v. The Valley National Bank of commonly accepted definition and legal statutory scheme’’ so they fit into a Arizona,11 which cited Circular 181 of effect of a syndication transaction ‘‘harmonious whole.’’ Examination of the Office of the Comptroller of the clearly bring it within the System’s the structure of the Act demonstrates Currency, states: loan-making authority and not its that Congress established two different A loan participation, as distinguished from participation authority. statutory schemes for participations to a multibank loan transaction (syndicated (1) Eligible borrowers, and (2) similar loan), is an arrangement in which a bank 2. Similar Entity Authority entities. Congress did not amend the makes a loan to a borrower and then sells all Several System commenters asked the provisions of sections 1.5, 2.2, and 3.1 or a portion of the loan to a purchasing bank. All documentation of the loan is drafted in FCA to apply the definition of of the Act, which govern loan the name of the selling bank. ‘‘participate’’ and ‘‘participation’’ in the participations for eligible borrowers, in similar entity provisions of the Act to 1994 when it added the new definition In re Okura & Co stated that a loan syndications and assignments for of ‘‘participate’’ and ‘‘participation’’ for participation ‘‘involves two eligible borrowers. Many of these similar entities to section 3.1(11)(B)(iv) independent, bilateral relationships: the commenters stated that section of the Act. Therefore, it is clear that the first between the borrower and the lead 3.1(11)(B)(iii) of the Act demonstrates 1994 Act did not authorize System bank and the second between the lead Congress’ intent to treat syndications banks and associations to engage in bank and the participants.’’ 12 The same and participations identically for all syndication transactions for eligible passage notes, ‘‘As a general rule, the multi-lender transactions that System borrowers under their loan participation participants do not have privity of banks and associations engage in. Some authorities. contract with underlying borrower System commenters found it * * *. In a syndication agreement, the C. Legislative History 13 inconceivable that Congress intended to banks jointly lend money.’’ The Farm Credit Act of 1971 granted A System bank, citing a law review exempt syndications for ineligible 14 similar entities from borrower rights, production credit associations (PCAs) article, stated participations and and banks for cooperatives authority to syndications are treated the same under borrower stock, territorial consent, and first-lien requirements, while imposing participate in loans with non-System securities laws. However, Federal lenders in 1971,19 while the Farm Credit securities statutes and regulations of the these same obligations on syndications for eligible borrowers. Act Amendments of 1980 20 (1980 Act) Securities and Exchange Commission do gave System mortgage lenders similar not, as the commenter implies, define The FCA responds that the plain authority. The legislative history to the ‘‘syndications’’ to mean language of section 3.1(11)(B)(iii) of the 1980 Act confirms that Congress ‘‘participations.’’ The point of the article Act explicitly applies this definition to believed that a participation interest is not that syndications and similar entities, not extensions of credit does not entail a contractual participations are the same, but that to eligible borrowers. Sections 3.1(11)(B) relationship between a borrower and a neither are generally considered and 4.18A of the Act authorize FCS lenders to ‘‘participate’’ in loans to participating lender. securities. Furthermore, the same Prior to 1980, it was not clear whether section of text cited by the commenter similar entities, which are not eligible for System loans, but are functionally a PCA was required to issue stock to a as supporting its view, actually supports borrower when the PCA participated in the opposite view, namely that similar to eligible borrowers. Sections 3.1(11)(b)(iii) and 4.18A(a)(1) of the Act, a loan that a non-System lender made. syndications are a form of direct The legislative history to the 1980 Act lending. The text describes the which were added by the Farm Credit System Agricultural Export and Risk stated ‘‘[t]he requirement that farmers or 16 aquatic borrowers purchase stock in the 8 N.C. Banking Institute 169, 172 (April 1999). See Management Act (1994 Act), expressly also, Office of the Comptroller of the Currency define ‘‘participate’’ and ‘‘participation’’ association served to impede or Economic and Policy Analysis Working Paper, for similar entity transactions to include complicate PCA-other lender ‘‘Recent Trends in Bank Loan Syndications syndications and assignments.17 In participations. It caused the association Evidence for 1995 to 1999’’ (December 2000) and to become a visible party in transactions ‘‘Banks and Loan Sales,’’ 35 Journal of Monetary contrast, sections 1.5(12)(C), 2.2(13) and Economics 389, 394 (1995). 3.1(11)(A) of the Act, which authorize in which the commercial lender was the 9 In re Okura & Co., 249 B.R. 596, 608 (Bankr. FCS banks and associations to participate in loans to eligible 18 Certain statutory restrictions that only apply to S.D.N.Y., 2000); Bank of the West v. The Valley similar entity authority may explain why Congress Nat’l Bank of Arizona, 41 F. 3d 471, 473 (9th Cir, borrowers, do not define chose a more flexible definition of ‘‘participation’’ 1994); Banco Espanol de Credito v. Security Pacific and ‘‘participate’’ for similar entity transactions. National Bank, 763 F. Supp. 36, 43 (S.D.N.Y., 1991) 15 Id. First, the total amount of participations any FCS aff’d 73 F.2d 51 (2nd Cir. 1992), cert. denied 509 16 See Pub. L. 103–376, Section 2, 108 Stat. 3797 lender has outstanding to a single similar entity U.S. 903 (1993); Hibernia Nat. Bank v. Federal (Oct. 19, 1994). cannot, in most cases, exceed 10 percent of its total Deposit Ins. Corp., 733 F.2d 1403, 1407 (10th Cir. 17 Section 3.1(11)(b)(iii) of the Act states, ‘‘as used capital. Second, the participation interest(s) that 1984); McVay v. Western Plains Corp., 823 F.2d one or more FCS lender holds in the same similar 1395 (10th Cir. 1987). in this subparagraph, the term ‘participate’ or ‘participation’ refers to multilender transactions, entity transaction cannot equal or exceed 50 percent 10 Office of the Comptroller of the Currency including syndications, assignments, loan of the principal amount of the loan. Third, the total Banking Circular, OCC–BC–181 (Aug. 2, 1984). participations, subparticipations or other forms of amount of outstanding similar entity participations 11 Supra at 41 F. 3d 471, 473 (9th Cir, 1994). the purchase, sale or transfer or interests in loans, held by an FCS lender cannot equal or exceed 15 12 Supra at 249 B.R. 596, 608 (Bankr. S.D.N.Y., other extensions of credit, or other technical and percent of its total outstanding assets at the end of 2000). financial assistance.’’ Section 4.18A(a)(1) the preceding fiscal year. 13 Id. Citations omitted. incorporates this definition by reference into the 19 See Pub. L. 92–181, 85 Stat. 583 (Dec. 10, 14 See ‘‘The Status of Note Participations Under statutory provision that authorized banks and 1971). the Federal Securities Acts,’’ 8 Harv. J.L & Pub. associations operating under titles I and II of the 20 See Pub. L. 24–184, 94 Stat. 3437 (Dec. 24, Pol’y 465, 468–69 & n. 18 (1985). Act to ‘‘participate’’ in similar-entity transactions. 1980).

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lead institution.’’21 (Emphasis added). III lending and added similar entity eligible borrowers. FCS banks that are In order to resolve any confusion and to authority for titles I and II.24 not direct lenders cannot take part remove the PCA as a ‘‘visible party,’’ the The second passage that the directly in syndicated loans to eligible 1980 Act allowed PCAs to satisfy the commenter relies on is an analysis of borrowers, and no System lender may stock requirement by issuing stock to the 1994 legislation that the FCA purchase assignments in syndicated the non-System lender instead of the prepared and submitted to the House loans to eligible borrowers from non- borrower. If a participation transaction Agriculture Committee, which was System lenders. subsequently reprinted in the entailed a direct contractual A. System Banks relationship between a PCA and a Congressional Record. The FCA’s borrower, the PCA would have been a analysis stated the proposed statutory System banks that have transferred ‘‘visible party,’’ whether or not it issued definition of ‘‘participations’’ for similar their long-term mortgage lending stock to the borrower. However, entities ‘‘* * * is more expansive than authority under section 7.6 of the Act to Congress chose to resolve this problem the current regulatory definition * * *’’ their associations can no longer make by changing the stock requirement. and ‘‘does not require an undivided loans directly to farmers, ranchers, and Therefore, it is clear that Congress did fractional interest in the principal other eligible borrowers. Therefore, not believe that a participation amount of the loans (as FCA regulations these banks cannot directly take part in transaction resulted in a direct do) and hence does not require pro rata syndicated loans to eligible borrowers. 25 contractual relationship between a PCA risk sharing.’’ The commenter’s These banks may, however, purchase a and a borrower. reliance on this passage is misplaced. participation interest in a long-term The FCA’s analysis discussed a mortgage syndicated loan directly from After 1980, Congress did not regulatory, but not a statutory limit on a non-System lender. Additionally, substantively revise the provisions of loan participations for eligible these banks may buy (long-or short- the Act that govern the System’s borrowers. Former § 614.4325(a)(4), term) participations and other interests authorities to participate in loans to defined a ‘‘participation’’ to mean a in syndicated loans directly from other eligible borrowers but, as noted earlier, fractional undivided interest in a loan. System banks or associations. it added a new statutory definition of Because the proposed statutory ‘‘participate’’ and ‘‘participation’’ for definition was ‘‘more expansive’’ than B. Assignments similar entity transactions in 1994. A the existing regulatory definition, the Assignments in syndications are System commenter cited two passages FCA noted that the Act would not interests in loans. Sections 1.5(16), in the legislative history to the 1994 Act require an undivided fractional interest 2.2(11), and 3.1(13)(B) of the Act do not to support its view that syndications to for similar entity transactions. In 2002, authorize FCS banks and associations to eligible borrowers are within the the FCA revised § 614.4325(a)(4) so FCS buy interests in loans from non-System System’s loan participation authority. banks and associations could purchase lenders. However, System banks and In the first passage, a Senator stated participations that equaled 100 percent associations may buy from and sell to that the new definition of of the principal amount of a loan to an each other assignments in loans. ‘‘participations’’ for similar entity eligible borrower. However, this change C. Borrower Rights authority would ‘‘[c]larify the System’s is not relevant to the present issue. current authority to participate in loans Regardless of whether syndications are Borrower rights attach to all * * * permitting the System to take part divided or undivided interests, they still agricultural or aquatic loans made under in syndications * * *.’’ 22 According to are direct loans and, therefore, come title I or II of the Act.26 Therefore, the commenter, this statement indicates within the System’s direct lending System associations that take part in that the Senator believed that the authority. syndicated loans to eligible farmers, System already had authority to engage ranchers, and aquatic producers and IV. Rules that Apply to Syndications for in syndications to eligible borrowers. harvesters must adhere to borrower Eligible Borrowers However, this interpretation would be rights requirements. inconsistent with the actual text of the The foregoing analysis of the Act, its Our earlier notice (See 68 FR 2540, Act and the 1994 amendments thereto.23 legislative history, and applicable case January 17, 2003) asked the public The 1994 amendments did not change law, affirm that syndications for eligible whether the FCA should consider the System’s existing participation borrowers come within the System’s regulatory changes that allow a authority. Rather, it clarified the direct lending authority, not within its borrower to waive borrower rights in existing similar entity authority for title loan participation authority. As a result, syndications. Many System commenters FCS banks and associations that are replied that borrower rights are an 21 See H.R. 96–1287, 96th Cong. 2d. Sess., (Sept. direct lenders may take part in a impediment that will discourage 4, 1980), p. 25. syndicated loan to an eligible borrower commercial lenders from inviting FCS 22 July 19, 1994 Cong. Rec. at S9252 (Statement as long as they comply with the lenders into syndicated loan of Sen. Lugar); Oct. 5, 1994 Cong. Rec. at 14236. applicable provisions of the Act and transactions. Some of these commenters 23 United States Supreme Court cases do not give FCA regulations that govern lending to indicated that many, but not all, non- much credence to ‘‘post-enactment’’ statements by a bill’s sponsor or a member of the committee that System lenders may be more inclined to reports out a bill. In Chrysler v. Brown, 441 U.S. 24 Section 502 of the Farm Credit Banks and invite FCS institutions into syndicated 281, 331 (1979), the Supreme Court stated, ‘‘The Associations Safety and Soundness Act of 1992 transactions if borrowers could waive remarks of a single legislator, even the sponsor, are granted title III banks new authority to ‘‘participate’’ borrower rights. Commercial bank not controlling in analyzing legislative history.’’ In in similar entity loans with non-System lenders. Central Bank of Denver N.A. v. First Interstate Bank See Pub. L. 102–552, § 502, 106 Stat. 4102, 4130 commenters opposed any regulatory of Denver, 511 U.S. 164, 185 (1994), the Supreme (Oct. 28, 1992). Two years later, section 5 of the change that would allow borrowers to Court opinion stated, ‘‘we have observed on more 1994 Act granted similar entity authority to title I waive these rights. than one occasion that the interpretation given by and II lenders. See Pub. L. 103–376, § 5, 108 Stat. The FCA believes that borrower rights one Congress (or a committee or member thereof) 3497, 3498 (Oct. 19, 1994). Section 2 of the 1994 to an earlier statute is of little assistance in Act added the definition of ‘‘participation’’ for should only be waived in limited discerning the meaning of that statute.’’ See also similar entities to section 3.1(11)(B) of the Act. Id. United States v. United Mine Workers, 330 U.S. § 2 at 3497. 26 Section 4.14A(a)(6) exempts title III banks from 258, 281–82 (1947). 25 Sept. 29, 1994 Cong. Rec. at H10325. borrower rights requirements.

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circumstances. In the future, the FCA through cross-territory consent System’s public policy mission is to may consider whether to initiate a agreements. ‘‘* * * be responsive to the credit needs rulemaking that would allow waivers of of all types of agricultural producers F. Lien Position Requirements borrower rights in syndications for having a basis for credit.***’’ Thus, certain sophisticated borrowers. Sections 1.14, 2.6, and 3.10(c) of the the System may serve all creditworthy Act require each Farm Credit bank and agricultural and aquatic producers. D. Stock and Membership Requirements association to hold a first-lien position VI. Compliance with this Guidance Section 4.3A of the Act requires all on stock, participation certificates, and eligible farmers, ranchers, aquatic other equity that they issue for the System institutions that take part in producers and harvesters, and payment of any liability owed by the syndicated loans to eligible borrowers cooperatives, to buy voting stock in the shareholder-member. Separately, must comply with all applicable FCS institution that lends to them. This section 1.10(a)(2) of the Act requires provisions of the Act and regulations. voting stock enables these borrowers to that all System institutions operating From a safety and soundness own, control, and participate in the under title I secure all long-term perspective, each FCS lender must affairs of their System lenders. Under mortgages with a first lien on interests understand the risks associated with the Act, a minimum stock purchase of in real estate. For these reasons, FCS syndications, and the policies of its $1,000 or 2 percent of the principal banks and associations must maintain board must establish methods for amount of the loan, whichever is less, priority lien positions on membership measuring and managing these risks. is required. For the reasons explained stock and participation certificates, and The FCA also expects each System above, eligible borrowers in syndicated (when applicable) on real estate that lender that takes part in syndications to loans must buy voting stock in FCS cannot be subrogated to any non-System achieve clearly defined risk lenders that take part in these lender. management and diversification objectives. The Office of Examination transactions. V. Other Concerns of the Commenters will continue to examine loan E. Territorial Concurrence Requirements A System commenter suggested that syndications to ensure safety and the FCA create a special regulatory soundness and compliance with the Act An FCA regulation, § 614.4070, category for syndications and other and regulations. prohibits a System institution that multi-lender transactions if the agency operates under title I or II of the Act determined that syndications for eligible VII. Legislative Initiative from lending directly to any borrower borrowers are not within the System’s The January 17, 2003 notice also who is located in the chartered territory loan participations authorities. Under sought input from the public about of another FCS lender without its the commenter’s proposal, multi-lender whether the FCA should seek legislative consent. The earlier notice (See 68 FR transactions involving a direct changes regarding the System’s 2540, January 17, 2003) asked whether contractual relationship between the authority to engage in various types of the FCA should consider revising this borrower and all the creditors would be multi-lender transactions with non- regulation so that out-of-territory exempt from borrower stock, borrower System lenders. The notice asked what syndications to eligible borrowers rights, territorial concurrence, and first- specific statutory changes the FCA would no longer require consent from lien requirements if (1) The borrower should seek if it chose to recommend other FCS lenders. All commercial bank was a customer of a non-System lender, new legislation to Congress. commenters who replied to this (2) FCS institutions held a pro rata All System and non-System question opposed repeal of the interest in the credit, and (3) System commenters opposed any legislative territorial consent requirement for lenders could not unilaterally make initiative by the FCA on this issue. At syndications. These commenters major credit decisions on the loan. The this time, the FCA does not plan to expressed concerns that repealing the FCA has no basis under the Act to propose new legislation to Congress territorial consent requirements for exempt syndications, assignments, and about syndications and other multi- syndications would dilute local control other multilender transactions (where lender transactions. However, given the of System associations and allow them System lenders enter into a direct increasing importance of syndications to operate nationally. The FCA received contractual relationship with an eligible in agricultural credit markets, the FCA only a few responses to this question borrower) from the statutory and may reconsider its position and pursue from System commenters. These regulatory requirements that apply to legislation that would address this commenters expressed concern that loans. For this reason, the FCA declines matter in the future. territorial concurrence for out-of- the commenter’s request. Dated: February 18, 2004. territory syndications would sharply Most commercial banks expressed James M. Morris, curtail System involvement in this concern that syndications to large, market. Only one System commenter Acting Secretary, Farm Credit Administration integrated operators would cause Board. thought that the FCA should consider System lenders to shift their energies [FR Doc. 04–3888 Filed 2–23–04; 8:45 am] revising § 614.4070 if syndications are away from young, beginning, and small classified as direct loans. Two other FCS farmers, ranchers and other borrowers BILLING CODE 6705–01–P commenters deemed changes to the that are more closely involved in regulation as unnecessary because production agriculture. However, FCS System lenders could resolve the lenders have legal authority to take part FEDERAL COMMUNICATIONS territorial consent issues among in syndications, as explained above. COMMISSION themselves. Accordingly, System lenders may enter Notice of Public Information After considering the views of these into syndications that extend credit to Collection(s) Being Submitted to OMB commenters, the FCA does not plan, at eligible borrowers that have large, for Review and Approval this time, to initiate a rulemaking that integrated operations as long as they would repeal the territorial consent comply with all statutory and regulatory February 10, 2004. requirements for syndications. FCS requirements that apply to direct loans. SUMMARY: The Federal Communications associations can resolve this issue Section 1.1(b) of the Act states that the Commission, as part of its continuing

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effort to reduce paperwork burden Frequency of Response: submitting PRA comments, but find it invites the general public and other Recordkeeping; On occasion reporting difficult to do so within the period of Federal agencies to take this requirement; Third party disclosure. time allowed by this notice, you should opportunity to comment on the Total Annual Burden: 10,000 hours. advise the contact listed below as soon following information collection, as Total Annual Cost: $500,000. as possible. required by the Paperwork Reduction Needs and Uses: The Commission ADDRESSES: Direct all Paperwork Act of 1995, Public Law 104–13. An allocated spectrum and established Reduction Act (PRA) comments to agency may not conduct or sponsor a rules for a ‘‘Wireless Medical Telemetry Judith B. Herman, Federal collection of information unless it Service’’ that allows potentially life Communications Commission, Room 1– displays a currently valid control critical equipment to operate in an C804, 445 12th Street, SW., Washington, number. No person shall be subject to interference-protected basis. Medical DC 20554 or via the Internet to Judith- any penalty for failing to comply with telemetry equipment is used in [email protected]. a collection of information subject to the hospitals and health care facilities to FOR FURTHER INFORMATION CONTACT: For Paperwork Reduction Act (PRA) that transmit patient measurement data such additional information or copies of the does not display a valid control number. as pulse and respiration rate to a nearby information collection(s), contact Judith Comments are requested concerning: (a) receiver, permitting greater patient B. Herman at (202) 418–0214 or via the Whether the proposed collection of mobility and increased comfort. Internet at [email protected]. information is necessary for the proper Federal Communications Commission. SUPPLEMENTARY INFORMATION: performance of the functions of the Marlene H. Dortch, OMB Control No.: 3060–0496. Commission, including whether the Secretary. Title: ARMIS Operating Data Report. information shall have practical utility; Report No.: FCC Report 43–08. (b) the accuracy of the Commission’s [FR Doc. 04–3973 Filed 2–23–04; 8:45 am] Type of Review: Extension of a burden estimate; (c) ways to enhance BILLING CODE 6712–01–P currently approved collection. the quality, utility, and clarity of the Respondents: Business or other for- information collected; and (d) ways to profit. FEDERAL COMMUNICATIONS minimize the burden of the collection of Number of Respondents: 55. COMMISSION information on the respondents, Estimated Time Per Response: 139 including the use of automated hours. Notice of Public Information Frequency of Response: Annual collection techniques or other forms of Collection(s) Being Reviewed by the information technology. reporting requirement. Federal Communications Commission Total Annual Burden: 7,645 hours. DATES: Written comments should be Total Annual Cost: N/A. submitted on or before March 25, 2004. February 12, 2004. Needs and Uses: The ARMIS Report If you anticipate that you will be SUMMARY: The Federal Communications 43–08 collects network operating data in submitting comments, but find it Commission, as part of its continuing a consistent format. It also monitors difficult to do so within the period of effort to reduce paperwork burden network growth, usage, and reliability. time allowed by this notice, you should invites the general public and other Section 11 of the Communications Act advise the contact listed below as soon Federal agencies to take this of 1934, as amended, 47 U.S.C. 161, as possible. opportunity to comment on the requires the Commission, in every even- following information collection(s), as numbered year beginning in 1998, to ADDRESSES: Direct all comments to Les required by the Paperwork Reduction Smith, Federal Communications review its regulations applicable to Act (PRA) of 1995, Public Law No. 104– providers of telecommunications Commission, Room 1-A804, 445 12th 13. An agency may not conduct or Street, S.W., Washington, DC 20554 or services to determine whether the sponsor a collection of information regulations are no longer in the public via the Internet to [email protected] unless it displays a currently valid or Kristy L. LaLonde, Office of interest due to meaningful economic control number. No person shall be competition between providers of such Management and Budget (OMB), Room subject to any penalty for failing to 10236 NEOB, Washington, DC 20503, services and whether such regulations comply with a collection of information should be repealed or modified. Section (202) 395–3562 or via Internet at subject to the Paperwork Reduction Act [email protected]. 11 further instructs the Commission to (PRA) that does not display a valid repeal or modify any regulation it FOR FURTHER INFORMATION CONTACT: For control number. Comments are determines to be no longer in the public additional information or copies of the requested concerning (a) whether the interest. The Commission uses an information collections contact Les proposed collection of information is indexed revenue threshold to determine Smith at (202) 418–0217 or via the necessary for the proper performance of which carriers are required to file the Internet at [email protected]. the functions of the Commission, ARMIS reports. In this collection, the including whether the information shall SUPPLEMENTARY INFORMATION: Commission revised the number of have practical utility; (b) the accuracy of OMB Control Number: 3060–0953. carriers filing this ARMIS report from 53 the Commission’s burden estimate; (c) to 55 respondents to reflect two carriers Title: Wireless Medical Telemetry ways to enhance the quality, utility, and Service, ET Docket No. 99–255. that exceeded the indexed revenue clarity of the information collected; and threshold. The Commission is now Form Number: N/A. (d) ways to minimize the burden of the seeking the full three year OMB Type of Review: Extension of collection of information on the approval for the information collection currently approved collection. respondents, including the use of with no changes. Respondents: Businesses or other for automated collection techniques or OMB Control No.: 3060–0512. profit, not for profit institutions. other forms of information technology. Title: ARMIS Annual Summary Number of Respondents: 1 DATES: Written Paperwork Reduction Report. respondent, 2,500 responses. Act (PRA) comments should be Report No.: FCC Report 43–01. Estimated Time per Response: 1 to 4 submitted on or before March 25, 2004. Type of Review: Revision of a hours. If you anticipate that you will be currently approved collection.

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Respondents: Business or other for- Frequency of Response: Annual displays a currently valid control profit. reporting requirement and number. No person shall be subject to Number of Respondents: 119. recordkeeping requirement. any penalty for failing to comply with Estimated Time Per Response: 89 Total Annual Burden: 21,004 hours. a collection of information subject to the hours. Total Annual Cost: N/A. Paperwork Reduction Act (PRA) that Frequency of Response: Annual Needs and Uses: FCC Report 43–02 does not display a valid control number. reporting requirement. contains company-wide data for each Comments are requested concerning: (a) Total Annual Burden: 10,591 hours. account specified in the Uniform Whether the proposed collection of Total Annual Cost: N/A. System of Accounts (USOA). It provides information is necessary for the proper Needs and Uses: The Annual the annual operating results of the performance of the functions of the Summary Report contains financial and carriers’ activities for every account in Commission, including whether the operating data and is used to monitor the USOA. As a result of Part 32 account information shall have practical utility; the incumbent local exchange carrier changes, the Commission is reducing (b) the accuracy of the Commission’s industry and to perform routine the burden hours to reflect the addition, burden estimate; (c) ways to enhance analyses of costs and revenues on behalf elimination, and consolidation of a the quality, utility, and clarity of the of the Commission. As a result of Part number of reporting rows as well as the information collected; and (d) ways to 32 accounts changes, the Commission is elimination of a number of columns in minimize the burden of the collection of reducing the burden hours in this this report. FCC Report 43–05 collects information on the respondents, information collection to reflect the data at the study area level and holding including the use of automated addition, elimination, and consolidation company level and is designed to collection techniques or other forms of of a number of reporting rows in this capture trends in service quality information technology. report. The Commission is also revising information in the areas of service DATES: Written Paperwork Reduction the number of carriers filing this ARMIS quality under price cap regulation. It Act (PRA) comments should be report from 115 to 119. The Commission provides service quality information in submitted on or before April 26, 2004. uses an indexed revenue threshold to the areas of interexchange access service If you anticipate that you will be determine which carriers are required to installation and repair intervals, local submitting comments, but find it file the ARMIS reports. That revenue service installation and repair intervals, difficult to do so within the period of threshold is currently $121 million. trunk blockage and total switch time allowed by this notice, you should OMB Control No.: 3060–0513. downtime for price cap companies. There are no changes to this report; advise the contact listed below as soon Title: ARMIS Joint Cost Report. as possible. Report No.: FCC Report 43–03. however, we are increasing the number Type of Review: Revision of a of respondents by two to account for an ADDRESSES: Direct all Paperwork currently approved collection. acquisition of price cap study areas and Reduction Act (PRA) comments to Les Respondents: Business or other for- a new price cap carrier. FCC Report 43– Smith, Federal Communications profit. 07 is designed to capture trends in Commission, 445 12th Street, SW, Room Number of Respondents: 85. telephone industry infrastructure 1–A804, Washington, DC 20554 or via Estimated Time Per Response: 50 development under price cap the Internet to [email protected]. hours. regulation. It provides switch FOR FURTHER INFORMATION CONTACT: For Frequency of Response: Annual deployment and capabilities data. There additional information or copies of the reporting requirement. are no changes to this report for this information collections contact Les Total Annual Burden: 4,250 hours. submission to the OMB. Smith at (202) 418–0217 or via the Total Annual Cost: N/A. Federal Communications Commission. Internet at [email protected]. Needs and Uses: The Joint Cost Marlene H. Dortch, SUPPLEMENTARY INFORMATION: Report is needed to administer the Secretary. OMB Control Number: 3060–0967. Commission’s joint cost rules contained [FR Doc. 04–3974 Filed 2–23–04; 8:45 am] Title: Section 79.2, Accessibility of in Part 64 and to analyze data in order Programming Providing Emergency BILLING CODE 6712–01–P to prevent cross-subsidization of non- Information. regulated operations by the regulated Form Number: N/A. operations of Tier 1 carriers. As a result FEDERAL COMMUNICATIONS Type of Review: Extension of of Part 32 account changes, the COMMISSION currently approved collection. Commission is reducing the total annual Respondents: Business or other for- burden hours to reflect the addition, Notice of Public Information profit entities, Individuals or household; elimination, and consolidation of a Collection(s) Being Reviewed by the Not-for-profit institutions; and State, number of reporting rows in this report. Federal Communications Commission local or tribal government. OMB Control No.: 3060–0395 for Extension Under Delegated Number of Respondents: 100. Title: The ARMIS USOA Report Authority Estimated Hours per Response: 1 (ARMIS Report 43–02); The ARMIS hour. Service Quality Report (ARMIS Report February 18, 2004. Frequency of Response: On occasion 43–05); and the ARMIS Infrastructure SUMMARY: The Federal Communications reporting requirement. Report (ARMIS Report 43–07). Commission, as part of its continuing Total Annual Burden: 275 hours. Report Nos.: FCC Reports 43–02, 43– effort to reduce paperwork burden Total Annual Cost: $5,000. 05 and 43–07. invites the general public and other Needs and Uses: On July 21, 2000, the Type of Review: Revision of a Federal agencies to take this Commission adopted a Report and currently approved collection. opportunity to comment on the Order, In the Matter of Implementation Respondents: Business or other for- following information collection(s), as of Video Description of Video profit. required by the Paperwork Reduction Programming, in MM Docket No. 99– Number of Respondents: 51. Act of 1995, Public Law 104–13. An 339. This Report and Order adopted Estimated Time Per Response: 5.7– agency may not conduct or sponsor a video description rules to make 844 hours. collection of information unless it television more accessible to persons

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with visual disabilities. Among other Infrastructure Division, Wireless Responses, 1270 Fairfield Road, things, the Report and Order requires Telecommunications Bureau, (717) 338– Gettysburg, PA 17325. any broadcast station or multiple video 2605. 4. On February 27, 2004, the WTB programming distributor (MVPD) that SUPPLEMENTARY INFORMATION: This is a will begin sending out a third and final provides local emergency information as summary of a Public Notice released on letter to those licensees who have not part of a regularly scheduled newscast, February 9, 2004. responded to the audit. Licensees will or as part of a newscast that interrupts 1. The Bureau has been conducting an be given until March 31, 2004, to regularly scheduled programming, to audit of the construction and provide a response. The FCC will make the critical details of the operational status of certain Private presume from a failure to respond to information accessible to persons with Land Mobile Radio (PLMR) stations. this inquiry and previous inquiries that visual disabilities in the affected local The audit includes most PLMR Stations the licensee has either failed to area. In addition, any broadcast station (radio services IG, YG, PW, YW) construct its stations within the or MVPD that provides emergency licensed on frequencies below 512 MHz requisite time period or has information through a crawl or scroll that are subject to frequency discontinued operation of its station for must accompany that information with coordination and rule-based a period of one year. Consequently, if a an aural tone to alert persons with construction and operational licensee does not provide a response by visual disabilities that the station or requirements. The Federal March 31, 2004, the stations will be MVPD is providing this information. Communications Commission’s (FCC) deemed to have cancelled Under 47 CFR 79.2(c) a complaint part 90 rules for the PLMR facilities automatically. The FCC’s licensing alleging a violation of this section may require construction within a specified database will be updated to reflect that be transmitted to the FCC. The time and require that stations remain the licenses are no longer valid and the complaint should include the name of operational in order for the FCC license frequencies will be made available for the video programming distributor to remain valid. Specifically, when a relicensing. against whom the complaint is alleged, license fails to construct its authorized 5. For additional information about the date and time of the omission of PLMR facilities within the requisite PLMR Spectrum audit, please call 1– emergency information, and the type of construction period or discontinues 888–225–5322 and select option 2 or emergency. The FCC will notify the operation for a period of one year, the visit the WTB Web site at http:// video programming distributor of the license cancels automatically and the wireless.fcc.gov/licensing/audits/plmrs/ complaint, and the distributor must licensee is required to notify the FCC. index.html. respond to the complaint within 30 2. The Bureau initially sent audit Federal Communications Commission. days. letters to licensees over a six month D’wana R. Terry, Federal Communications Commission. period from August 2001, to January Chief, Public Safety and Critical Marlene H. Dortch, 2002. More than 267,000 letters Infrastructure Division, WTB. Secretary. involving approximately 420,000 call [FR Doc. 04–3971 Filed 2–23–04; 8:45 am] [FR Doc. 04–3976 Filed 2–23–04; 8:45 am] signs were sent. The initial mailing BILLING CODE 6712–01–P BILLING CODE 6712–01–P generated a 73 percent response rate. In order to generate a higher response rate, a second audit mailing took place in FEDERAL COMMUNICATIONS FEDERAL COMMUNICATIONS April and May of 2002. As a result of COMMISSION this mailing, the response rate increased COMMISSION [DA 04–290] to 88 percent. To date, there are [DA 04–289] approximately 14,000 call signs for Wireless Telecommunications Bureau Wireless Telecommunications Bureau which the FCC has not received a Announces Disposition of Call Signs Announces Final Phase of the Private response. Because of the number of call Which Were Undeliverable in the Land Mobile Radio Station signs in this category, we are not listing Private Land Mobile Radio Station Construction and Operational Status them in an attachment to this Public Construction and Operational Status Audit Notice. The call signs, however, are Audit listed on the FCC’s audit web page. AGENCY: Federal Communications 3. To assist licensees and industry in AGENCY: Federal Communications Commission. determining which call signs have Commission. ACTION: Notice. outstanding audit responses, there are ACTION: Notice. several tools available on the FCC’s SUMMARY: This document announces the audit web page at http:// SUMMARY: This document announces its final phase of the Private Land Mobile wireless.fcc.gov/licensing/audits/plmrs/ handling of call signs with outstanding Radio (PLMR) Spectrum Audit. At the index.html. Information regarding audit responses for which Private Land end of this phase, call signs for which particular call signs may be obtained by Mobile (PLMR) Spectrum Audit letters licensees have failed to respond to the querying the audit database under have been returned to the Commission audit will be deemed to have cancelled ‘‘Audit Search’’. Listings of call signs for as undeliverable. As part of the final automatically. which the FCC has no record of a phase of the PLMR Spectrum Audit, DATES: Response due on or before March response are available under ‘‘Database undeliverable call signs which remain 31, 2004. Downloads’’. These files are separated without a response 30 days after ADDRESSES: All responses should be by radio service and state/territory. In publication of this list in the Federal mailed to FCC, PLMR Spectrum Audit addition, if a licensee determines that it Register will be deemed to have Responses, 1270 Fairfield Road, needs to respond to the audit, a cancelled automatically. Gettysburg, PA 17325, or faxed to (717) response form may be downloaded from DATES: Effective March 25, 2004. 338–2696. this page. The completed form should ADDRESSES: All responses should be FOR FURTHER INFORMATION CONTACT: be faxed to: (717) 338–2696 or mailed mailed to FCC, PLMR Spectrum Audit Kelly Lawver, Public Safety & Critical to: FCC, PLMR Spectrum Audit Responses, 1270 Fairfield Road,

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Gettysburg, PA 17325, or faxed to (717) period from August 2001, to January downloaded from this page. The 338–2696. 2002. More than 267,000 letters completed form should be faxed to (717) FOR FURTHER INFORMATION CONTACT: involving approximately 420,000 call 338–2696 or mailed to FCC, PLMR Kelly Lawver, Public Safety & Critical signs were sent. The initial mailing Spectrum Audit Responses, 1270 Infrastructure Division, Wireless generated a 73 percent response rate. In Fairfield Road, Gettysburg, PA 17325. Telecommunications Bureau, (717) 338– order to generate a higher response rate, 4. Licensees will have until March 25, 2605. the Bureau updated addresses and sent 2004, to provide a response for the attached call signs. The FCC will SUPPLEMENTARY INFORMATION: a second letter in April and May of presume from a failure to provide a 1. The Bureau has been conducting an 2002. As a result of this mailing, the response that the licensee has either audit of the construction and response rate increased to 88 percent. failed to construct its stations within the operational status of certain Private To date, letters for approximately 2,300 requisite time period or has Land Mobile Radio (PLMR) stations. call signs with outstanding audit discontinued operation of its station for The audit includes most PLMR Stations responses have been returned to the a period of one year. Consequently, if a (radio services IG, YG, PW, YW) FCC as undeliverable. The attachment licensee does not provide a response by licensed on frequencies below 512 MHz lists the call signs with outstanding March 25, 2004, the stations will be that are subject to frequency audit responses. deemed to have cancelled coordination and rule-based 3. Tools are available on the FCC’s automatically. The FCC’s licensing construction and operational audit web page at http:// database will be updated to reflect that requirements. The Federal wireless.fcc.gov/licensing/audits/plmrs/ licenses are no longer valid and the Communications Commission’s (FCC) index.html to assist licensees and frequencies will be made available for part 90 rules for the PLMR facilities industry in determining which call relicensing. require construction within a specified signs are undeliverable and do not have 5. For additional information about time and require that stations remain a response. Information regarding the Private Land Mobile Radio operational in order for the FCC license particular call signs may be obtained by construction audit, please call 1–888– to remain valid. Specifically, when a querying the audit database under 225–5322 and select option 2 or visit the license fails to construct its authorized ‘‘Audit Search’’. Listings of call signs for WTB Web site at http://wireless.fcc.gov/ PLMR facilities within the requisite which the Commission has no record of licensing/audits/plmrs/index.html. construction period or discontinues a response are available under operation for a period of one year, the ‘‘Database Downloads’’. These files are Federal Communications Commission. license cancels automatically and the separated by radio service and state/ D’wana R. Terry, licensee is required to notify the FCC. territory. In addition if a licensee Chief, Public Safety and Critical 2. The Bureau initially sent audit determines that it needs to respond to Infrastructure Division, WTB. letters to licensees over a six month the audit, a response form may be BILLING CODE 6712–01–P

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[FR Doc. 04–3972 Filed 2–23–04; 8:45 am] has submitted the information FOR FURTHER INFORMATION OR COPIES OF BILLING CODE 6712–01–C collection entitled ‘‘Federal Home Loan THE INFORMATION COLLECTION CONTACT: Bank Acquired Member Assets, Core David Roderer, Financial Analyst, Risk Mission Activities, Investments and Monitoring Division, Office of FEDERAL HOUSING FINANCE BOARD Advances’’ to the Office of Management Supervision, by e-mail at and Budget (OMB) for review and [email protected], by telephone at 202/ [No. 2004–N–04] approval of a three-year extension of the 408–2540, or by regular mail at the Submission for OMB Review; OMB control number, which is due to Federal Housing Finance Board, 1777 F Comment Request expire on February 29, 2004. Street, NW., Washington, DC 20006. DATES: Interested persons may submit SUPPLEMENTARY INFORMATION: AGENCY: Federal Housing Finance comments on or before March 25, 2004. Board. A. Need For and Use of the Information ACTION: Notice. ADDRESSES: Submit comments to the Collection Office of Information and Regulatory SUMMARY: In accordance with the Affairs of the Office of Management and The Finance Board has authorized the requirements of the Paperwork Budget, Attention: Desk Officer for the Federal Home Loan Banks (FHLBanks) Reduction Act of 1995, the Federal Federal Housing Finance Board, to acquire mortgage loans and other Housing Finance Board (Finance Board) Washington, DC 20503. assets from their members or housing

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associates under certain circumstances. at 600, with 4 responses per respondent. enhance the quality, utility and clarity 12 CFR part 955. The regulation refers The estimate for the average hours per of the information collected; and (4) to these assets as acquired member response is 24 hours. The estimate for ways to minimize the burden of the assets or AMA. As part of this regulatory the total annual hour burden is 57,600 collection of information on authorization, each FHLBank that hours (600 respondents × 4 responses respondents, including through the use acquires residential mortgage loans per respondent × 24 hours). While the of automated collection techniques or must provide to the Finance Board first notice correctly reflected the total other forms of information technology. certain loan-level data elements on a annual burden at 57,600 hours, it Comments may be submitted to OMB in quarterly basis. While the FHLBanks inadvertently misstated the number of writing at the address listed above. provide this data directly to the Finance responses per respondent at 12 not 4, Dated: February 18, 2004. Board, each FHLBank initially must and the average hours per response at 8 By the Federal Housing Finance Board. collect the information from the private- not 24. sector member or housing associate Donald Demitros, C. Comment Request from which the FHLBank acquires the Chief Information Officer. mortgage loan. In accordance with the requirements [FR Doc. 04–3878 Filed 2–23–04; 8:45 am] Many FHLBank members and housing of 5 CFR 1320.8(d), the Finance Board BILLING CODE 6725–01–P associates already collect the majority of published a request for public the data elements the Finance Board comments regarding this information rule requires as part of their customary collection in the Federal Register on FEDERAL MARITIME COMMISSION and usual business practices. They must December 12, 2003. See 68 FR 69405 collect this data in order to do business (Dec. 12, 2003). The 60-day comment Notice of Agreements Filed with the Federal National Mortgage period closed on February 10, 2004. The Association (Fannie Mae) and the Finance Board received two public The Commission hereby gives notice Federal Home Loan Mortgage comments, one each from an FHLBank of the filing of the following agreements Corporation (Freddie Mac) under and a member. The comments are under the Shipping Act of 1984. regulatory requirements issued by the available on the Finance Board Web site Interested parties can review or obtain Department of Housing and Urban at http://www.fhfb.gov/pressroom/ copies of agreements at the Washington, Development (HUD) and pursuant to the pressroom_regs.htm. DC offices of the Commission, 800 information collection requirements Both commenters state that certain North Capitol Street, NW., Room 940. under the Home Mortgage Disclosure data elements are difficult to collect and Interested parties may submit comments Act (HMDA). While the information one commenter questions whether all on an agreement to the Secretary, collection imposes only a minor data elements are necessary for the Federal Maritime Commission, incremental additional burden on most Finance Board to perform its functions. Washington, DC 20573, within 10 days FHLBank members and housing The Finance Board continues to believe of the date this notice appears in the associates, the burden estimate in that each data element is necessary to Federal Register. Section B reflects the total annual perform its safety and soundness and Agreement No.: 010806–007. burden of the entire information housing mission functions. However, Title: Management Agreement, Port collection, not just the additional the Finance Board presently is Agreement No. 95–160. Finance Board specific data elements. reviewing the data elements it collects Parties: The Port of Portland and SSA The primary duty of the Finance as part of a review of the AMA Containers, Inc. Board is to ensure that the FHLBanks regulation and will take the commenters Synopsis: The amendment makes cost operate in a safe and sound manner. 12 views into consideration as part of that saving modifications to reflect the U.S.C. 1422a(a)(3)(A). To the extent review. downturn in breakbulk shipments. consistent with the safety and The member commenter states that Agreement No.: 011421–032. soundness charge, the Finance Board the Finance Board underestimates the Title: East Coast of South America also ensures that the FHLBanks carry level of effort for members to produce Discussion Agreement. out their housing finance mission. 12 the information requested and does not Parties: Alianca Navegacao e Logistica U.S.C. 1422a(a)(3)(B). The Finance include the cost of the operational Ltda.; A.P. Moller-Maersk A/S; Board believes that the information processes and systems programming Compania Sud Americana de Vapores, collection is essential in order to necessary to collect the data and create S.A.; Hamburg-Su¨ d KG; APL Co. Pte monitor the safety and soundness of the the data files. The Finance Board Ltd.; Lykes Lines Limited, LLC; FHLBanks. The Finance Board also prepared its estimate with input from an Mediterranean Shipping Company, S.A.; believes that the information collection FHLBank based on the FHLBanks’ Evergreen Marine Corporation (Taiwan) is necessary to monitor the extent to experience with hundreds of members. Limited; Companhia Libra de which the FHLBanks are fulfilling their While the commenter’s burden may Navegacao; Montemar Maritima, S.A.; statutory housing finance mission vary from the average reported by the CMA CGM, S.A.; P&O Nedlloyd B.V.; through their acquired member asset FHLBank, the Finance Board believes and P&O Nedlloyd Limited. programs. that the burden estimate remains, on Synopsis: The amendment deletes The OMB number for the information average, valid for the 600 members that Maersk Sealand and Safmarine as collection is 3069–0058. The OMB sell loans to FHLBanks. parties to the agreement. clearance for the information collection Written comments are requested on: Agreement No.: 011733–010. expires on February 29, 2004. (1) Whether the collection of Title: Common Ocean Carrier Platform The likely respondents are information is necessary for the proper Agreement. institutions that sell AMA assets to performance of Finance Board Parties: A.P. Moller Maersk Sealand, FHLBanks. functions, including whether the P&O Nedlloyd Limited, Hamburg-Su¨ d, information has practical utility; (2) the Mediterranean Shipping Company S.A., B. Burden Estimate accuracy of the Finance Board’s CMA CGM S.A., Hapag Lloyd Container The Finance Board estimates the total estimates of the burdens of the Linie GmbH, and United Arab Shipping annual average number of respondents collection of information; (3) ways to Company (SAG), as shareholder parties,

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and Alianca Navegacao e Logistica FEDERAL TRADE COMMISSION in individual cases, to terminate this Ltda., Safmarine Container Lines N.V., waiting period prior to its expiration Nippon Yusen Kaisha, CP Ship Limited, Granting of Request for Early and requires that notice of this action be Tasman Orient Line C.V., and Mitsui Termination of the Waiting Period published in the Federal Register. Under the Premerger Notification O.S.K. lines, Ltd., and Lykes Lines The following transactions were Limited, LLC as non-shareholder Rules granted early termination of the waiting parties. Synopsis: The amendment adds Lykes Section 7A of the Clayton Act, 15 period provided by law and the Lines Limited, LLC as a non-shareholder U.S.C. 18a, as added by Title II of the premerger notification rules. The grants party to the agreement. Hart-Scott-Rodino Antitrust were made by the Federal Trade Improvements Act of 1976, requires Commission and the Assistant Attorney By Order of the Federal Maritime persons contemplating certain mergers Commission. General for the Antitrust Division of the or acquisitions to give Federal Trade Department of Justice. Neither agency Dated: February 19, 2004. Commission and the Assistant Attorney intends to take any action with respect Bryant L. VanBrakle, General advance notice and to wait to these proposed acquisitions during Secretary. designated periods before the applicable waiting period. [FR Doc. 04–4015 Filed 2–23–04; 8:45 am] consummation of such plans. Section BILLING CODE 6730–01–P 7A(b)(2) of the Act permits the agencies,

Trans # Acquiring Acquired Entities

Transactions Granted Early Termination—12/22/2003

20040186 ...... General Electric Company ...... HPSC, Inc ...... General Electric Company, HPSC, Inc. 20040201 ...... Transocean Inc ...... ConocoPhillips Company ...... ConocoPhillips Company, Deepwater Drilling L.L.C., Transocean Inc. 20040205 ...... Arlington Capital Partners, L.P ...... Science & Engineering Associates, Arlington Capital Partners, L.P., Inc. Science & Engineering Associates, Inc. 20040215 ...... The St. Paul Companies, Inc ...... Travelers Property Casualty Corp ..... The St. Paul Companies, Inc, Trav- elers Property Casualty Corp. 20040223 ...... Koch Industries, Inc ...... The Williams Companies, Inc ...... Koch Industries, Inc., The Williams Companies, Inc., Williams Alaska Petroleum, Inc., Williams Alaska Pipeline Company, L.L.C., Wil- liams Energy Services, L.L.C. 20040226 ...... E. Merlin Jones Living Trust ...... Bunge Limited ...... Bunge Foods Corporation Bakery Di- vision, Bunge Limited, E. Marlin Jones Living Trust. 20040232 ...... Societe des Participations du Com- ALSTOM ...... ALSTOM, ALSTOM T&D Inc., So- missariat. ciete des Participations du Com- missariat. 20040234 ...... Marmon Holdings, Inc ...... Rockwood Holding Company ...... Marmon Holdings, Inc., Rockwood Holding Company. 20040250 ...... TSO Holding Corporation ...... Lowe’s Companies, Inc ...... Lowe’s Companies, Inc. The Con- tractor yard, Inc., TSO Holding Corporation. 20040253 ...... Eugene Reed, Jr ...... Jardine Matheson Holdings Limited .. Eugene Reed, Jr, Jardine Matheson Holdings Limited, Sig’s Auto Body & Paint, Inc., TheoDavies Euromotors, Ltd., TheoDavies Hilo Motors, Ltd., TheoDavies Kona Motors, Ltd. 20040254 ...... Fletcher Jones, Jr ...... Jardine Matheson Holdings Limited .. Fletcher Jones, Jr., Jardine Mathe- son Holdings Limited, Sig’s Auto Body & Paint, Inc., TheoDavies Euromotors, Ltd., TheoDavies Hilo Motors, Ltd., TheoDavies Kona Motors, Ltd. 20040267 ...... Allied Capital Corporation ...... Mercury Air Group, Inc ...... Allied Capital Corporation, Mercury Air Centers, Inc., Mercury Air Group, Inc. 20040286 ...... AT&T Wireless Services, Inc ...... Telephone and data Systems, Inc. AT&T Wireless Services, Inc, Tele- Voting Trust. phone and data Systems, Inc. Vot- ing Trust, Texas #20 Rural Cel- lular, Inc., USCOC of Corpus Christi, Inc., Victoria Cellular Cor- poration.

Transactions Granted Early Termination—12/23/2003

20040235 ...... Mr. Sumner M. Redstone ...... Midway Games, Inc ...... Midway Games, Inc., Mr. Sumner M. Redstone.

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Trans # Acquiring Acquired Entities

20040262 ...... Jardine Lloyd Thompson Group plc .. HCC Insurance Holdings, Inc ...... HCC Insurance Holdings, Inc., Jardine Lloyd Thompson Group plc. 20040278 ...... The Kattegat Trust ...... Forrest Binkley & Brown Venture Co Crosman Acquisition Corporation, Forrest Binkley & Brown Venture Co., The Kattegat Trust. 20040279 ...... The Home Depot, Inc ...... Steven A. Lyman ...... Creative Touch Interiors, Inc., Steven A. Lyman, The Home Depot, Inc.

Transactions Granted Early Termination—12/29/2003

20040239 ...... Eastman Kodak Company ...... Scitex Corporation Ltd ...... Eastman Kodak Company, Scitex Corporation Ltd., Scitex Digital Printing, Inc. 20040257 ...... Merck & Co., Inc ...... Neurogen Corporation ...... Merck & Co., Inc., Neurogen Cor- poration. Transactions Granted Early Termination—12/30/2003

20040264 ...... The Resolute Fund L.P ...... The Techs ...... The Resolute Fund L.P., The Techs. 20040280 ...... NCO Group, Inc ...... RMH Teleservices, Inc ...... NCO Group, Inc., RMH Teleservices, Inc. 20040282 ...... Lehman Brothers Holdings Inc ...... Unilever N.V...... Conopco, Inc., Lehman Brothers Holdings Inc., Unilever N.V. 20040283 ...... Code Hennessy & Simmons IV, L.P H Group Holding, Inc ...... Baker Tanks, Inc., Code Hennessy & Simmons IV, L.P., H Group Hold- ing, Inc. 20040299 ...... Kforce Inc ...... Hall, Kinion & Associates, Inc ...... Hall, Kinion & Associates, Inc., Kforce Inc. 20040305 ...... United States Steel Corporation ...... Rouge Industries, Inc., Debtor-in- Rouge Industries, Inc., Debtor-in- Possession. Possession, United States Steel Corporation. 20040306 ...... Calpine Corporation ...... Aquila, Inc ...... Aquila, Inc., Calpine Corporation, MEP Investments, LLC, MEP Pleasant Hill, LLC. 20040307 ...... Dominion Resources, Inc ...... Alliant Energy Corporation ...... Alliant Energy Corporation, Dominion Resources, Inc., Wisconsin Power and Light Company. 20040308 ...... Dominion Resources, Inc ...... WPS Resources Corporation ...... Dominion Resources, Inc., Wisconsin Public Service Corporation, WPS Resources Corporation. 20040310 ...... Danaher Corporation ...... Dentsply International Inc ...... Donaher Corporation, Dentsply Inter- national Inc. 20040314 ...... Telephone and Data Systems, Inc. Telephone and Data Systems, Inc. Telephone and Data Systems, Inc. Voting Trust. Voting Trust. Voting Trust, United States Cel- lular Telephone of Greater Tulsa, L.L.C. 20040316 ...... Affiliated Computer Services, Inc ...... Patent Accounting Service Center, Affiliated Computer Services, Inc., L.L.C.. Patient Accounting Service Center, L.L.C.

Transactions Granted Early Termination—01/02/2004

20040325 ...... Liberte Investors, Inc ...... USAuto Holdings, Inc ...... Liberte Investors, Inc., USAuto Hold- ings, Inc.

Transactions Granted Early Termination—01/060/2004

20040295 ...... Parthenon Investors II, L.P ...... James B. A. Tracey, II ...... DCS Business Services, Inc., James B.A. Tracey, II, Parthenon Inves- tors II, L.P. 20040301 ...... SunGard Data Systems Inc ...... Systems & Computer Technology SunGard Data Systems Inc., Sys- Corporation. tems & Computer Technology Cor- poration.

Transactions Granted Early Termination—01/07/2004

20040300 ...... Project Hampshire Limited ...... The Davis Service Group plc ...... HSS Hire Service Group plc, Project Hampshire Limited, The Davis Service Group plc. 20040302 ...... EMC Corporation ...... VMware, Inc ...... EMC Corporation, VMware, Inc. 20040319 ...... Silver Lake Partners, L.P ...... WorldCom, Inc ...... Silver Lake Partners, L.P., WorldCom, Inc. 20040320 ...... MatlinPatterson Global Opportunities WorldCom, Inc ...... MatlinPatterson Global Opportunities, Partners L.P. Partners L.P., WorldCom, Inc.

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Trans # Acquiring Acquired Entities

20040321 ...... MatlinPatterson Global Opportunities WorldCom, Inc ...... MatlinPatterson Global Opportunities, Partners (Bermuda) L.P. Partners (Bermuda) L.P., WorldCom, Inc. 20040329 ...... Bain Capital Fund VII, L.P ...... Worldcom, Inc ...... Bain Capital Fund VII, L.P., WorldCom, Inc. 20040303 ...... SunGard Data Systems, Inc ...... Warburg Pincus Investors Liquidating FAME Information Services, Inc., Trust. SunGard Data Systems, Inc., War- burg Pincus Investors Liquidating Trust. 20040312 ...... SI International, Inc ...... MATCOm International Corp ...... MATCOM International Corp., SI International, Inc.

Transactions Granted Early Termination—01/09/2004

20040277 ...... Electronic Data Systems Corporation Feld Partners Investments, L.P ...... Electronic Data Systems Corpora- tion, Feld Partners Investments, L.P., The Feld Group, Inc.

Transactions Granted Early Termination—01/12/2004

20040293 ...... Eli Lilly and Company ...... Applied Molecular Evolution, Inc ...... Applied Molecular Evolution, Inc., Eli Lilly and Company. 20040317 ...... Henkel KGaA ...... The Dial Corporation ...... Henkel KGaA, The Dial Corporation. 20040322 ...... JLL Partners Fund IV, L.P ...... Linsalata Capital Partners Fund IV, JLL Partners Fund IV, L.P., Linsalata L.P. Capital Partners Fund IV, L.P., PGT Holdings Company. 20040327 ...... Schneider Electric S.A ...... MGE Finances SAS ...... MGE Finances SAS, Schneider Elec- tric S.A. 20040338 ...... Verisity Ltd ...... Axis Systems, Inc ...... Axis Systems, Inc., Verisity Ltd. 20040339 ...... Cumulus Media Inc ...... Southern Minnesota Broadcasting Cumulus Media Inc., Southern Min- Co. nesota Broadcasting Co. 20040340 ...... Snyder Associated Companies, Inc .. Sylvan Inc ...... Snyder Associated Companies, Inc., Sylvan Inc. 20040341 ...... Rhone Capital LLC ...... Alcoa Inc ...... Alcoa ACC Industrial Chemicals Ltd., Alcoa Chemicals Japan Limited, Alcoa Chemie GmbH, Alcoa Chemie Nederland B.V., Aloca Inc., Alcoa World Alumina LLC, Australian Fused Materials Pty Ltd., Discovery Aluminas, Inc., Qingdao Alcoa Co., Ltd., Qingdao Alcoa Trading Co., Ltd., Rhone Capital LLC. 20040344 ...... Citrix Systems, Inc ...... Expertcity.com.Inc ...... Citrix Systems, Inc., Expertcity.com.Inc. 20040350 ...... The News Corporation Limited ...... The News Corporation Limited ...... Sunshine Network, The News Cor- poration Limited. 20040353 ...... Compass Partners European Equity Kenneth R. Thomson ...... Compass Partners European Equity Fund (Bermuda) L.P. Fund (Bermuda) L.P., DBM Group S.A., Drake Beam Morin do Brasil Commercial Ltda., Drake Beam Morin, Inc., Kenneth R. Thomson. 20040357 ...... Stephen E. Jackson ...... Stephen J. Heyman ...... American Central Eastern Texas Gas Company, Ltd Partnership Stephen E. Jackson, Stephen J. Heyman. 20040358 ...... Stephen J. Heyman ...... Stephen E. Jackson ...... American Central Eastern Texas Gas Co., Ltd. Partnership, Ste- phen E. Jackson, Stephen J. Heyman. 20040360 ...... Atlas Pipeline Partners, L.P ...... SEMCO Energy, Inc ...... Alaska Pipeline Company, LLC, Atlas Pipeline Partners, L.P., SEMCO Energy, Inc. 20040362 ...... New Mountain Partners, L.P ...... National Medical Health Card Sys- National Medical Health Card Sys- tems, Inc. tems, Inc., New Mountain Part- ners, L.P. 20040365 ...... The Edward W. Scripps Trust ...... Summit America Television, Inc ...... Summit America Television, Inc., The Edward W. Scripps Trust. 20040368 ...... Marsh & McLennan Companies, Inc Synhrgy HR Technologies, Inc ...... Marsh & McLennan Companies, Inc., Synhrgy HR Technologies, Inc. 20040370 ...... Gannett Co., Inc ...... Jobson Publishing L.L.C ...... Gannett Co., Inc., Jobson Publishing L.L.C.

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Trans # Acquiring Acquired Entities

Transactions Granted Early Termination—01/14/2004

20040324 ...... Gas-Mart USA, Inc ...... ConocoPhillips ...... ConocoPhillips, ConocoPhillips Com- pany, Gas-Mart USA, Inc. 20040337 ...... Zurich Financial Services ...... Roger Johnson ...... IES Manufacturing Company, ITCI, Kele & Associates, Inc., Roger Johnson, Wentech, Incorporated, Zurich Financial Services. 20040355 ...... The Sage Group plc ...... Computer Associates International, ACCPAC International, Inc., Com- Inc. puter Associates International, Inc., The Sage Group plc. 20040366 ...... R2 Investments, LDC ...... Carl Icahn ...... Carl Icahn, R2 Investments, LDC, XO Communications, Inc.

Transactions Granted Early Termination—01/15/2004

20040304 ...... Dearborn Holdings Corporation ...... Martin J. Maslonka ...... Dearborn Holdings Corporation, Mar- tin J. Maslonka, Maslonka & Asso- ciates, Inc. 20040333 ...... Vestar Capital Partners IV, L.P ...... Solo Holdings LLC ...... Solo Holdings LLC, Solo Investment Corp., Vestar Capital Partners IV, L.P. 20040336 ...... Freudenberg & Co. Foseco (Jersey) Ltd ...... Chem-Trend Holding, Inc., Foseco Kommanditgesellschaft. (Jersey) Ltd., Freudenberg & Co. Kommanditgesellschaft. 20040348 ...... Julie N. Brown ...... Joe Balous ...... Joe Balous, Julie N. Brown, LDM Technologies, Inc. 20040349 ...... Julie N. Brown ...... Richard J. Nash ...... Julie N. Brown, LDM Technologies, Inc., Richard J. Nash.

Transactions Granted Early Termination—01/16/2004

20040228 ...... Teva Pharmaceutical Industries Lim- SICOR Inc ...... SICOR Inc., Teva Pharmaceutical In- ited. dustries Limited.

Transactions Granted Early Termination—01/20/2004

20040369 ...... Henkel KGaA ...... Amitee Cosmetics, Inc ...... Amitee Cosmetics, Inc., Henkel KGaA 20040374 ...... Comcast Corporation ...... Stephen E. Myers ...... Comcast Corporation, Stephen E. Myers, US Cable of Coastal-Texas L.P. 20040375 ...... Harvest Partners IV, L.P ...... BellSouth Corporation ...... BellSouth Corporation, Harvest Part- ners IV, L.P., NFIL Holdings Corp. 20040376 ...... Caxton Global Investments Limited .. Nortek Holdings, Inc ...... Caxton Global Investments Limited, Nortek Holdings, Inc., Ply Gem In- dustries, Inc. 20040378 ...... James Dimon ...... Bank One Corporation ...... Bank One Corporation, James Dimon. 20040382 ...... Kellwood Company ...... Russell and Kimora Lee Simmons .... Kellwood Company, Phat Fashions, LLC and Phat Licensing, LLC, Russell and Kimora Lee Simmons. 20040386 ...... Harvest Partners IV, L.P ...... Transit Holdings, Inc ...... Harvest Partners IV, L.P., Transit Holdings, Inc. 20040387 ...... Code Hennessy & Simmons IV, L.P Gundle/SLT Environmental, Inc ...... Code Hennessy & Simmons IV, L.P., Gundle/SLT Environmental, Inc.

Transactions Granted Early Termination—01/22/2004

20040335 ...... VeriSign, Inc ...... Guardent, Inc ...... Guardent, Inc., VeriSign, Inc. 20040343 ...... Canfor Corporation ...... Slocan Forest Products Ltd ...... Canfor Corporation, Slocan Forest Products Ltd. 200403381 ...... Royal Bank of Canada ...... William R. Hough & Co., Inc ...... Royal Bank of Canada, William R. Hough & Co., Inc. 20040383 ...... Humana Inc ...... Ochsner Clinic Foundation ...... Humana Inc., Ochsner Clinic Foun- dation, Ochsner Health Plan Inter- ests Inc.

FOR FURTHER INFORMATION CONTACT: Competition, Room H–303, Washington, By Direction of the Commission. Sandra M. Peay, Contact Representative DC 20580, (202) 326–3100. Donald S. Clark, or Renee Hallman, Legal Technician, Federal Trade Commission, Premerger Secretary. Notification Office, Bureau of [FR Doc. 04–3977 Filed 2–23–04; 8:45 am] BILLING CODE 6750–01–M

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DEPARTMENT OF HEALTH AND NUDE Bind Directly to Specific the retraction of the JBC paper HUMAN SERVICES Subunits of Dynein and Dynactin and to published at 276:38877–38884, 2001 Alpha- and Gamma-Tubulin’’ that had and stated that he falsified and Office of the Secretary been published in the Journal of fabricated data in Figures 2A, 4A, 5A, Biological Chemistry (JBC) at and 5B. Upon ORI approval of the draft Findings of Scientific Misconduct 276:38877–38884, 2001. Specifically, letter, Respondent agreed to send the AGENCY: Office of the Secretary, HHS. Respondent: final retraction letter to the Editor of • Falsified Figure 5A left, Western ACTION: Notice. JBC. blot with the alpha tubulin antibody for FOR FURTHER INFORMATION CONTACT: SUMMARY: Notice is hereby given that incubated proteins (+E+gamma+alpha); Director, Division of Investigative the Office of Research Integrity (ORI) the lower right band was reused twice Oversight, Office of Research Integrity, and the Acting Assistant Secretary for in Figure 2A. In Figure 5A, it was used 1101 Wootton Parkway, Suite 750, Health have taken final action in the as gamma tubulin band for the Rockville, MD 20852, (301) 443–5330. following case: coprecipitation experiment with NUDF- Bernd Hoffmann, Ph.D., University of Prot.S and as NUDE for the Chris B. Pascal, Medicine and Dentistry of New Jersey: coprecipitation experiments with NUDG Director, Office of Research Integrity. Based on two inquiry/investigation (CDLC)-Flag; [FR Doc. 04–3865 Filed 2–23–04; 8:45 am] reports from the University of Medicine • falsified Figure 5A left, NUDF BILLING CODE 4150–31–P and Dentistry of New Jersey (UMDNJ) Western blot with the alpha tubulin and additional analysis conducted by antibody for incubated proteins ORI in its oversight review, the U.S. (+E+gamma+alpha); the lower left band DEPARTMENT OF HEALTH AND Public Health Service (PHS) found that was reused in Figure 2A as alpha HUMAN SERVICES Bernd Hoffmann, Ph.D., former tubulin in the coprecipitation Postdoctoral Fellow and Adjunct experiment with NUDF-Prot.S; and Administration for Children and • Assistant Professor, Department of falsified Figure 4A left, NUDF and Families Pharmacology at UMDNJ, engaged in for the interaction between the two scientific misconduct in research proteins NUDA and NUDF, pulled out Submission for OMB Review; supported by National Institutes of with NUDA-FLAG-agarose, had been Comment Request Health (NIH) grant 2 R01 GM052309–05. used at several other places such as PHS found that Dr. Hoffmann engaged Figure 5A left, left gamma tubulin band, Title: National Directory of New in scientific misconduct by falsifying Figure 5B left, NUDE band for the Hires. and fabricating research data in a interaction E + alpha, and Figure 5B OMB No.: 0970–0166. manuscript entitled ‘‘LIS1/NUDF and right, NUDE band for the interaction E Description: Public Law 10–193, the CLIP–170 are required for dynein- + K (ARP1). ‘‘Personal Responsibility and Work mediated vesicle transport on Dr. Hoffmann has entered into a Opportunity Reconciliation Act of microtubules’’ that had been submitted Voluntary Exclusion Agreement 1996,’’ requires the Office of Child to the Journal of Cell Biology (JCB), but (Agreement ) in which he has Support Enforcement (OCSE) to operate was withdrawn before publication. voluntarily agreed for a period of three a National Directory of New Hires Specifically, Respondent: (3) years, beginning on January 30, 2004: (NDNH) to improve the ability of state • Falsified data values on the second (1) To exclude himself from any child support enforcement agencies to line from the bottom of Table IV; for contracting or subcontracting with any locate noncustodial parents and collect example, the correct number under agency of the United States Government child support across state lines. The law ‘‘Bound’’ in the first column was only and from eligibility or involvement in requires employers to report newly one-third of that shown (325) in the nonprocurement programs of the United hired employees to states. States are manuscript; States Government referred to as then required to periodically transmit • falsified data by erasing a band of ‘‘covered transactions’’ as defined in the new hire data received from employers approximate molecular weight 15KD debarment regulations at 45 CFR part to the NDNH, and to transmit wage and from Figure 5A in the manuscript; and 76; unemployment compensation claims • falsified a related movie film (2) to exclude himself from serving in data to the NDNH on a quarterly basis. available on the Internet by altering the any advisory capacity to PHS including Federal agencies are required to report movement of the vesicles. but not limited to service on any PHS new hires and quarterly wage data PHS also found that Dr. Hoffmann advisory committee, board, and/or peer directly to the NDNH. All data is engaged in scientific misconduct by review committee, or as a consultant; transmitted to the NDNH electronically. falsifying and fabricating research data and Respondents: Employers, State Child in a published paper entitled ‘‘The LIS1- (3) to draft a letter of retraction and Support Enforcement Agencies, State related Protein NUDF of Aspergillus send it to ORI along with the signed Employment Security Agencies, Federal nidulans and its Interaction Partner Agreement. The draft letter requested Agencies.

ANNUAL BURDEN ESTIMATES

Number of re- Instrument Number of re- sponses per Average burden hours Total bur- spondents respondent per response den hours

New Hire: Employers Reporting Manually ...... 5,166,000 3.484 0.417 hours (2.5 minutes) ...... 750,531 New Hire: Employers Reporting Electronically ...... 1,134,000 37.037 0.0028 hours (1 second) ...... 11,760 New Hire: States ...... 54 83.333 266.668 hours ...... 1,200,001

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ANNUAL BURDEN ESTIMATES—Continued

Number of re- Instrument Number of re- sponses per Average burden hours Total bur- spondents respondent per response den hours

Quarterly Wage and Unemployment Compensation ...... 54 8 0.033 hours (2 minutes) ...... 14 Multistate Employers’ Notification Form ...... 2,508 1 0.050 hours (3 minutes) ...... 125

Estimated total annual burden hours ...... 1,962,431

SUPPLEMENTARY INFORMATION: Copies of notice. This notice solicits comments on and clarity of the information to be the proposed collection may be obtained orphan drugs. collected; and (4) ways to minimize the by writing to the Administration for DATES: Submit written or electronic burden of the collection of information Children and Families, Office of comments on the collection of on respondents, including through the Administration, Office of Information information by April 26, 2004. use of automated collection techniques, Services, 370 L’Enfant Promenade, SW., ADDRESSES: Submit electronic when appropriate, and other forms of Washington, DC 20447, Attn: ACF comments on the collection of information technology. Reports Clearance Officer. All requests information to: http://www.fda.gov/ should be identified by the title of the dockets/ecomments. Submit written Orphan Drugs—21 CFR Part 316 (OMB information collection. E-mail address: comments on the collection of Control Number 0910–0167) [email protected]. information to the Division of Dockets Sections 525 through 528 of the OMB Comment: OMB is required to Management (HFA–305), Food and Drug make a decision concerning the Administration, 5630 Fishers Lane, rm. Federal Food, Drug, and Cosmetic Act collection of information between 30 1061, Rockville, MD 20852. All (the act) (21 U.S.C. 360aa through and 60 days after publication of this comments should be identified with the 360dd) give FDA statutory authority to: document in the Federal Register. docket number found in brackets in the (1) Provide recommendations on Therefore, a comment is best assured of heading of this document. investigations required for approval of having its full effect if OMB receives it FOR FURTHER INFORMATION CONTACT: marketing applications for orphan within 30 days of publication. Written JonnaLynn P. Capezzuto, Office of drugs, (2) designate eligible drugs as comments and recommendations for the Management Programs (HFA–250), Food orphan drugs, (3) set forth conditions proposed information collection should and Drug Administration, 5600 Fishers under which a sponsor of an approved be sent directly to the following: Lane, Rockville, MD 20857, 301–827– orphan drug obtains exclusive approval, Office of Management and Budget, 4659. and (4) encourage sponsors to make Paperwork Reduction Project, Attn: SUPPLEMENTARY INFORMATION: Under the orphan drugs available for treatment on Desk Officer for ACF, E-mail address: PRA (44 U.S.C. 3501–3520), Federal an ‘‘open protocol’’ basis before the drug [email protected]. agencies must obtain approval from the has been approved for general Dated: February 19, 2004. Office of Management and Budget marketing. The implementing Robert Sargis, (OMB) for each collection of regulations for these statutory Reports Clearance Office. information they conduct or sponsor. requirements have been codified under [FR Doc. 04–3948 Filed 2–23–04; 8:45 am] ‘‘Collection of information’’ is defined part 316 (21 CFR part 316) and specify BILLING CODE 4184–01–M in 44 U.S.C. 3502(3) and 5 CFR procedures that sponsors of orphan 1320.3(c) and includes agency requests drugs use in availing themselves of the or requirements that members of the incentives provided for orphan drugs in DEPARTMENT OF HEALTH AND public submit reports, keep records, or the act and sets forth procedures FDA HUMAN SERVICES provide information to a third party. will use in administering the act with Section 3506(c)(2)(A) of the PRA (44 regard to orphan drugs. Section 316.10 Food and Drug Administration U.S.C. 3506(c)(2)(A)) requires Federal specifies the content and format of a [Docket No. 2004N–0046] agencies to provide a 60-day notice in request for written recommendations the Federal Register concerning each concerning the nonclinical laboratory Agency Information Collection proposed collection of information, studies and clinical investigations Activities; Proposed Collection; including each proposed extension of an Comment Request; Orphan Drugs necessary for approval of marketing existing collection of information, applications. Section 316.12 provides AGENCY: Food and Drug Administration, before submitting the collection to OMB that, before providing such HHS. for approval. To comply with this recommendations, FDA may require ACTION: Notice. requirement, FDA is publishing notice results of studies to be submitted for of the proposed collection of review. Section 316.14 contains SUMMARY: The Food and Drug information set forth in this document. Administration (FDA) is announcing an With respect to the following provisions permitting FDA to refuse to opportunity for public comment on the collection of information, FDA invites provide written recommendations under proposed collection of certain comments on: (1) Whether the proposed certain circumstances. Within 90 days information by the agency. Under the collection of information is necessary of any refusal, a sponsor may submit Paperwork Reduction Act of 1995 (the for the proper performance of FDA’s additional information specified by PRA), Federal agencies are required to functions, including whether the FDA. Section 316.20 specifies the publish notice in the Federal Register information will have practical utility; content and format of an orphan drug concerning each proposed collection of (2) the accuracy of FDA’s estimate of the application, which includes information, including each proposed burden of the proposed collection of requirements than an applicant extension of an existing collection of information, including the validity of document that the disease is rare (affects information, and to allow 60 days for the methodology and assumptions used; fewer than 200,000 persons in the public comment in response to the (3) ways to enhance the quality, utility, United States annually) or that the

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sponsor of the drug has no reasonable description of the investigational plan, will describe the medical and regulatory expectation of recovering costs of and a discussion of changes that may history of the drug. The respondents to research and development of the drug. affect orphan status. The information this collection of information are Section 316.26 allows an applicant to requested will provide the basis for an biotechnology firms, drug companies, amend the application under certain FDA determination that the drug is for and academic clinical researchers. circumstances. Section 316.30 requires a rare disease or condition and satisfies FDA estimates the burden of this submission of annual reports, including the requirements for obtaining orphan progress reports on studies, a drug status. Secondly, the information collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

No. of Annual Frequency Total Annual Hours per 21 CFR Section Respondents per Response Responses Response Total Hours

316.10, 316.12, and 316.14 3 1 3 130 390

316.20, 316.21, and 316.26 138 2.0 276 130 35,880

316.22 22 1 22 2 44

316.27 5 1 5 4 20

316.30 500 1 500 2 1,000

316.36 .2 3 .6 15 9

Total 37,343 1There are no capital costs or operating and maintenance costs associated with this collection of information.

The information requested from DEPARTMENT OF HEALTH AND information collection and has assigned respondents represents, for the most HUMAN SERVICES OMB control number 0910–0337. The part, an accounting of information approval expires on December 31, 2006. already in possession of the applicant. Food and Drug Administration A copy of the supporting statement for It is estimated, based on the frequency [Docket No. 2003N–0198] this information collection is available of requests over the past 13 years, that on the Internet at http://www.fda.gov/ 138 persons or organizations per year Agency Information Collection ohrms/dockets. Activities; Announcement of Office of will request orphan drug designation Dated: February 13, 2004. and that no requests for Management and Budget Approval; Jeffrey Shuren, recommendations on design of Requirements for Medicated Feed Mill preclinical or clinical studies will be License Assistant Commissioner for Policy. [FR Doc. 04–3861 Filed 2–23–04; 8:45 am] received. Based upon FDA experience AGENCY: Food and Drug Administration, over the last decade, FDA estimates that HHS. BILLING CODE 4160–01–S the effort required to prepare ACTION: Notice. applications to receive consideration for DEPARTMENT OF HEALTH AND sections 525 and 526 of the act SUMMARY: The Food and Drug HUMAN SERVICES (§§ 316.10, 316.12, 316.20, and 316.21) Administration (FDA) is announcing is generally similar and is estimated to that a collection of information entitled ‘‘Requirements for Medicated Feed Mill Health Resources and Services require an average of 95 hours of Administration professional staff time and 30 hours of License’’ has been approved by the Office of Management and Budget support staff time per application. (OMB) under the Paperwork Reduction Agency Information Collection Estimates of annual activity and burden Act of 1995. Activities: Submission for OMB for foreign sponsor nomination of a Review; Comment Request FOR FURTHER INFORMATION CONTACT: resident, agent, change in ownership or Denver Presley, Office of Management designation, and inadequate supplies of Periodically, the Health Resources Programs (HFA–250), Food and Drug drug in exclusivity, are based on total Administration, 5600 Fishers Lane, and Services Administration (HRSA) experience by FDA with such requests Rockville, MD 20857, 301–827–1472. publishes abstracts of information since 1983. collection requests under review by the SUPPLEMENTARY INFORMATION: In the Dated: February 13, 2004. Federal Register of August 8, 2003 (68 Office of Management and Budget, in compliance with the Paperwork Jeffrey Shuren, FR 47331), the agency announced that the proposed information collection had Reduction Act of 1995 (44 U.S.C. Assistant Commissioner for Policy. Chapter 35). To request a copy of the [FR Doc. 04–3860 Filed 2–23–04; 8:45 am] been submitted to OMB for review and clearance under 44 U.S.C. 3507. An clearance requests submitted to OMB for BILLING CODE 4160–01–S agency may not conduct or sponsor, and review, call the HRSA Reports a person is not required to respond to, Clearance Office on (301) 443–1129. a collection of information unless it displays a currently valid OMB control number. OMB has now approved the

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Proposed Project: Evaluation of the contribute to grantees meeting their plan, and sustainability plan) that Implementation and Outcomes of the Healthy Start goals. A two-part survey comprise the Healthy Start program. Maternal and Child Health Bureau’s consisting of a mail component Data gathered from the survey will be National Healthy Start Program—NEW followed by a telephone follow-up is used to provide HRSA the information HRSA’s Maternal and Child Health proposed. The mail survey will focus on necessary to assess the grantees’ Bureau is planning to conduct a survey obtaining descriptive and quantitative achievement of three core Healthy Start to collect information concerning data that is currently not available. The program goals: (1) Reduced racial and Healthy Start, a community-based phone survey will be used to obtain ethnic disparities in access to and initiative, to understand how Healthy grantee assessments of program utilization of health services; (2) Start services are expected to change achievements, factors that facilitated improved local health care system; and local health care systems and service their achievements, and challenges that (3) increased consumer or community delivery and ultimately affect maternal they faced. voice in health care decisions. The and child health outcomes. The purpose Data collection will cover information survey will provide information that is of the survey is to collect consistent and on the five service components (case currently unavailable from the service comprehensive information across management, health education, delivery and performance measure data. current grantees about their Healthy outreach, perinatal depression Based on the data collected in this Start program, its organizational screening, and interconceptional care), survey, the National Evaluator will configuration, community context, and and the four systems-building conduct cross-site analyses. the extent to which the program components (consortium, collaboration The estimated burden on respondents components address service needs and with Title V, local health systems action is as follows:

Number of re- Hours per re- Total hour bur- Respondents spondents spondent den

Grantees ...... 96 3 288

Written comments and reducing infant mortality and improving the DEPARTMENT OF HEALTH AND recommendations concerning the health status of pregnant women and infants; HUMAN SERVICES proposed information collection should factors affecting the continuum of care with be sent within 30 days of this notice to: respect to maternal and child health care, Health Resources and Services Desk Officer, Health Resources and including outcomes following childbirth; Administration Services Administration, Human strategies to coordinate the variety of Federal, Resources and Housing Branch, Office State, local and private programs and efforts National Vaccine Injury Compensation of Management and Budget, New that are designed to deal with the health and Program; List of Petitions Received Executive Office Building, Room 10235, social problems impacting on infant Washington, DC 20503. mortality; and the implementation of the AGENCY: Health Resources and Services Healthy Start initiative and Healthy People Administration, HHS. Dated: February 13, 2004. 2010 infant mortality objectives. ACTION: Notice. Tina M. Cheatham, Agenda: Topics that will be discussed Director, Division of Policy Review and include the following: Disparities in Infant Coordination. SUMMARY: The Health Resources and Mortality, Low Birth Weight, and The Services Administration (HRSA) is [FR Doc. 04–3862 Filed 2–23–04; 8:45 am] Healthy Start Program and Evaluation. publishing this notice of petitions BILLING CODE 4165–15–P Agenda items are subject to change as received under the National Vaccine priorities are further determined. Injury Compensation Program (‘‘the For Further Information Contact: Anyone Program’’), as required by Section DEPARTMENT OF HEALTH AND requiring information regarding the HUMAN SERVICES 2112(b)(2) of the Public Health Service Committee should contact Peter C. van Dyck, (PHS) Act, as amended. While the M.D., M.P.H., Executive Secretary, ACIM, Health Resources and Services Secretary of Health and Human Services Health Resources and Services Administration is named as the respondent in all Administration (HRSA), Room 18–05, proceedings brought by the filing of Advisory Committee on Infant Parklawn Building, 5600 Fishers Lane, petitions for compensation under the Mortality; Notice of Meeting Rockville, MD 20857, telephone: (301) 443– Program, the United States Court of 2170. Federal Claims is charged by statute In accordance with section 10(a)(2) of Individuals who are interested in attending with responsibility for considering and the Federal Advisory Committee Act any portion of the meeting or who have acting upon the petitions. (Pub. L. 92–463), notice is hereby given questions regarding the meeting should of the following meeting: contact Ann M. Koontz, C.N.M., Dr.P.H., FOR FURTHER INFORMATION CONTACT: For Name: Advisory Committee on Infant HRSA, Maternal and Child Health Bureau, information about requirements for Mortality (ACIM). telephone: (301) 443–6327. filing petitions, and the Program in Dates and Times: March 30, 2004, 9 a.m.– Dated: February 13, 2004. general, contact the Clerk, United States 5 p.m.; March 31, 2004, 8:30 a.m.–3 p.m. Court of Federal Claims, 717 Madison Place: Bethesda Marriott Hotel, 5151 Pooks Tina Cheatham, Place, NW., Washington, DC 20005, Hill Road, Bethesda, Maryland 20814, (301) Director, Division of Policy Review and (202) 219–9657. For information on 897–9400. Coordination. HRSA’s role in the Program, contact the Status: The meeting is open to the public. [FR Doc. 04–3863 Filed 2–23–04; 8:45 am] Purpose: The Committee provides advice Director, National Vaccine Injury and recommendations to the Secretary of BILLING CODE 4165–15–P Compensation Program, 5600 Fishers Health and Human Services on the following: Lane, Room 16C–17, Rockville, MD Department programs that are directed at 20857; (301) 443–6593.

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SUPPLEMENTARY INFORMATION: The (b) ‘‘Sustained, or had significantly Texas, Court of Federal Claims Program provides a system of no-fault aggravated, any illness, disability, Number 03–1631V compensation for certain individuals injury, or condition set forth in the 10. Winona and Robert Leonards on who have been injured by specified Table the first symptom or behalf of Matthew Thomas Leonards, childhood vaccines. Subtitle 2 of Title manifestation of the onset or significant Salisbury, North Carolina, Court of XXI of the PHS Act, 42 U.S.C. 300aa– aggravation of which did not occur Federal Claims Number 03–1632V 10 et seq., provides that those seeking within the time period set forth in the 11. Lisa Zehl on behalf of Matthew Zehl, compensation are to file a petition with Table but which was caused by a Cliffwood Beach, New Jersey, Court of the U.S. Court of Federal Claims and to vaccine’’ referred to in the Table. Federal Claims Number 03–1633V serve a copy of the petition on the This notice will also serve as the 12. Suzanne and Julius Schwartz on Secretary of Health and Human special master’s invitation to all behalf of Tristan Schwartz, Great Services, who is named as the interested persons to submit written Neck, New York, Court of Federal respondent in each proceeding. The information relevant to the issues Claims Number 03–1634V Secretary has delegated his described above in the case of the 13. Kimberly A. Parker on behalf of responsibility under the Program to petitions listed below. Any person Quenton Foster, Houston, Texas, HRSA. The Court is directed by statute choosing to do so should file an original Court of Federal Claims Number 03– to appoint special masters who take and three (3) copies of the information 1635V evidence, conduct hearings as with the Clerk of the U.S. Court of 14. Patricia Solorzano and Steve Deharo appropriate, and make initial decisions Federal Claims at the address listed on behalf of Andrew Deharo, as to eligibility for, and amount of, above (under the heading FOR FURTHER Houston, Texas, Court of Federal compensation. INFORMATION CONTACT), with a copy to Claims Number 03–1636V A petition may be filed with respect HRSA addressed to Director, Division of 15. Randy Nunez on behalf of Jason to injuries, disabilities, illnesses, Vaccine Injury Compensation Program, Daniel Nunez, Houston, Texas, Court conditions, and deaths resulting from Special Programs Bureau, 5600 Fishers of Federal Claims Number 03–1637V vaccines described in the Vaccine Injury Lane, Room 16C–17, Rockville, MD 16. Sarah and Greg Swindell on behalf Table (the Table) set forth at Section 20857. The Court’s caption (Petitioner’s of Dawson Swindell, Houston, Texas, 2114 of the PHS Act or as set forth at Name v. Secretary of Health and Human Court of Federal Claims Number 03– 42 CFR 100.3, as applicable. This Table Services) and the docket number 1638V lists for each covered childhood vaccine assigned to the petition should be used 17. Linda Swarny on behalf of Stephen the conditions which will lead to as the caption for the written Swarny, Houston, Texas, Court of compensation and, for each condition, submission. Federal Claims Number 03–1639V the time period for occurrence of the Chapter 35 of title 44, United States 18. Kristine and Gary Miller on behalf first symptom or manifestation of onset Code, related to paperwork reduction, of John W. Miller, Houston, Texas, or of significant aggravation after does not apply to information required Court of Federal Claims Number 03– vaccine administration. Compensation for purposes of carrying out the 1640V may also be awarded for conditions not Program. 19. April Awkward on behalf of Jamia listed in the Table and for conditions List of Petitions Awkward, Towson, Maryland, Court that are manifested after the time of Federal Claims Number 03–1641V periods specified in the Table, but only 1. Veronica Hagopian on behalf of Gohar 20. Jennifer and Trevor Stephens on if the petitioner shows that the Hagopian, Dallas, Texas, Court of behalf of Travis Stephens, condition was caused by one of the Federal Claims Number 03–1619V Philadelphia, Pennsylvania, Court of 2. Shirley and Robert Marcum on behalf listed vaccines. Federal Claims Number 03–1642V of Andrew Marcum, Dallas, Texas, Section 2112(b)(2) of the PHS Act, 42 21. Melanie and Richard Demmler on Court of Federal Claims Number 03– U.S.C. 300aa–12(b)(2), requires that the behalf of Rebecca N. Demmler, 1620V Secretary publish in the Federal 3. Christa and Rich Corley on behalf of Melbourne, Florida, Court of Federal Register a notice of each petition filed. Chase Corley, Dallas, Texas, Court of Claims Number 03–1643V Set forth below is a list of petitions Federal Claims Number 03–1621V 22. Allison Seaman on behalf of received by HRSA on July 1, 2003, 4. Bobbie and Jonathan Walls on behalf Matthew Seaman, Miami, Florida, through September 30, 2003. of Jessica Nicole Walls, Dallas, Texas, Court of Federal Claims Number 03– Section 2112(b)(2) also provides that Court of Federal Claims Number 03– 1644V the special master ‘‘shall afford all 1622V 23. Stacy McClelland on behalf of Denay interested persons an opportunity to 5. Tina and Jerry Stewart on behalf of O. McClelland, Miami, Florida, Court submit relevant, written information’’ Saadi Stewart, Deceased, Pensacola, of Federal Claims Number 03–1645V relating to the following: Florida, Court of Federal Claims 24. Carol and Joseph Buckley on behalf 1. The existence of evidence ‘‘that Number 03–1626V of Savannah E. Buckley, Miami, there is not a preponderance of the 6. Louise and Andrew Nawrocki on Florida, Court of Federal Claims evidence that the illness, disability, behalf of Matthew James Nawrocki, Number 03–1646V injury, condition, or death described in Hoffman Estates, Illinois, Court of 25. Rita Parry on behalf of Robert J. the petition is due to factors unrelated Federal Claims Number 03–1628V Parry, Miami, Florida, Court of to the administration of the vaccine 7. Melinda and Robert Needs on behalf Federal Claims Number 03–1647V described in the petition,’’ and of Jacob Riley Needs, Dallas, Texas, 26. Jody and Gregory Mortimer on 2. Any allegation in a petition that the Court of Federal Claims Number 03– behalf of Alexander Mortimer, Miami, petitioner either: 1629V Florida, Court of Federal Claims (a) ‘‘Sustained, or had significantly 8. Dorothy and Kevin Lind on behalf of Number 03–1648V aggravated, any illness, disability, Nelson Lind, Dallas, Texas, Court of 27. Jan and Kevin Crump on behalf of injury, or condition not set forth in the Federal Claims Number 03–1630V Nicholas Crump, Philadelphia, Table but which was caused by’’ one of 9. Shanna and Mark Patterson on behalf Pennsylvania, Court of Federal Claims the vaccines referred to in the Table, or of Kristan Shay Patterson, Dallas, Number 03–1649V

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28. Zaira Valdes on behalf of Jamie 47. Catherine and Michael Burns on Girardeau, Missouri, Court of Federal Valdes, Miami, Florida, Court of behalf of Brett Burns, Bala Cynwyd, Claims Number 03–1694V Federal Claims Number 03–1650V Pennsylvania, Court of Federal Claims 65. Jennifer Kozlowski on behalf of 29. Zaira Valdes on behalf of Odalys Number 03–1674V Travis Kozlowski, Boston, Valdes, Miami, Florida, Court of 48. Sophia Praskala on behalf of Jacob Massachusetts, Court of Federal Federal Claims Number 03–1651V Praskala, Bala Cynwyd, Pennsylvania, Claims Number 03–1695V 30. Denise Thomas on behalf of Isaac Court of Federal Claims Number 03– 66. Enrique Paradoa on behalf of Thomas, Miami, Florida, Court of 1675V Matthew Paradoa, Boston, Federal Claims Number 03–1652V 49. Laura and James Purcell on behalf of Massachusetts, Court of Federal 31. Patricia Anastasia Richard and Dean Adam James Purcell, Bala Cynwyd, Claims Number 03–1696V Preston Element on behalf of Jackson Pennsylvania, Court of Federal Claims 67. Kory McKnight on behalf of Element, Philadelphia, Pennsylvania, Number 03–1676V Kameron McKnight, Boston, Court of Federal Claims Number 03– 50. Linda and Frank Kuepper on behalf Massachusetts, Court of Federal 1654V of Michael Kuepper, Bala Cynwyd, Claims Number 03–1697V 32. Matthew Lawler on behalf of Pennsylvania, Court of Federal Claims 68. Amy Koring on behalf of Aric Michael Lawlor, Freemont, California, Number 03–1679V Koring, Boston, Massachusetts, Court Court of Federal Claims Number 03– 51. Beth and John Andrew Stokes on of Federal Claims Number 03–1698V 1655V behalf of Kristen April Stokes, 69. George Jones on behalf of Ryan 33. Kari Lambert on behalf of Conor Norfolk, Virginia, Court of Federal Jones, Boston, Massachusetts, Court of Lambert, Chicago, Illinois, Court of Claims Number 03–1680V Federal Claims Number 03–1699V Federal Claims Number 03–1657V 52. Jennifer and James Magner on behalf 70. George Jones on behalf of Hiro Jones, 34. Tatjana and Dragan Radulovic on of Jeffrey B. Magner, Virginia Beach, Boston, Massachusetts, Court of behalf of Peter Radulovic, Miami, Virginia, Court of Federal Claims Federal Claims Number 03–1700V 71. Jeannie Wilkinson on behalf of Florida, Court of Federal Claims Number 03–1681V Number 03–1658V 53. Tammy Cooper on behalf of Mason Branden Wilkinson, Boston, 35. Tatjana and Dragan Radulovic on Cheeks, Alexandria, Virginia, Court of Massachusetts, Court of Federal Claims Number 03–1701V behalf of Mark Radulovic, Miami, Federal Claims Number 03–1682V 72. Jeannie Wilkinson on behalf of Julia Florida, Court of Federal Claims 54. Nichol Riley on behalf of Darius Wilkinson, Boston, Massachusetts, Number 03–1659V Riley, Alexandria, Virginia, Court of Court of Federal Claims Number 03– 36. Avigail and Robert Posner on behalf Federal Claims Number 03–1683V 1702V of Eden Posner, Miami, Florida, Court 55. Lena and Cecil Wilkerson on behalf 73. Shelly Belanger on behalf of Devan of Federal Claims Number 03–1660V of Michaelah Wilkerson, Jacksonville, Belanger, Boston, Massachusetts, 37. Paulette and Dennis Kelly on behalf Florida, Court of Federal Claims Court of Federal Claims Number 03– of Tyler Kelly, Miami, Florida, Court Number 03–1685V 1703V of Federal Claims Number 03–1661V 56. Jill and William Layton on behalf of 74. Marlene Marshall on behalf of 38. Kerry and Kevin Connor on behalf Matthew Layton, Jacksonville, Rashad C. Marshall, Alexandria, of Chase Thomas Connor, Miami, Florida, Court of Federal Claims Virginia, Court of Federal Claims Florida, Court of Federal Claims Number 03–1686V Number 03–1704V Number 03–1662V 57. Virginia and Michael Downs on 75. Alicia and Raul Sanchez on behalf 39. Paulette Rozier on behalf of Mesha behalf of Kayla Downs, Jacksonville, of Marcos Raul Sanchez, Temecula, Rozier, Miami, Florida, Court of Florida, Court of Federal Claims California, Court of Federal Claims Federal Claims Number 03–1663V Number 03–1687V Number 03–1705V 40. Tina and Kenji Kerns on behalf of 58. Amy and Donald Beliakoff on behalf 76. Barbara Tacoronte and Edward Cearle Victoria Regan Kerns, Saint of David Michael Beliakoff, Pineiro on behalf of Allen Michael Augustine, Florida, Court of Federal Jacksonville, Florida, Court of Federal Pineiro, Sarasota, Florida, Court of Claims Number 03–1664V Claims Number 03–1688V Federal Claims Number 03–1706V 41. Billie Jo Rasmussen on behalf of 59. Kimberli Kae Mohling and Hugh 77. Laurie Staz-Schelich on behalf of Joshua Rasmussen, Miami, Florida, Grant Mohling on behalf of Izaak Issac Schelich, Boston, Massachusetts, Court of Federal Claims Number 03– Xavier Mohling, Cape Girardeau, Court of Federal Claims Number 03– 1666V Missouri, Court of Federal Claims 1707V 42. Billie Jo Rasmussen on behalf of Number 03–1689V 78. Judy Peters on behalf of Taylor Adam Rasmussen, Miami, Florida, 60. Margaret and Jon Molvie on behalf Alsheimer, Bainbridge Island, Court of Federal Claims Number 03– of George Thomas Molvie, Cape Washington, Court of Federal Claims 1667V Girardeau, Missouri, Court of Federal Number 03–1708V 43. Shannon and James Winch on behalf Claims Number 03–1690V 79. Annie and M.A. Samuel on behalf of of David Winch, Miami, Florida, 61. Rita and Arnie Shreffler on behalf of Frank Samuel, Plantation, Florida, Court of Federal Claims Number 03– Andrew Cave Shreffler, Cape Court of Federal Claims Number 03– 1668V Girardeau, Missouri, Court of Federal 1709V 44. Natalie Murphy on behalf of Joshua Claims Number 03–1691V 80. Kellie Wycoff on behalf of Nicole T. Murphy, North Augusta, South 62. Jeannie Urban on behalf of Dustin Wykoff, Portland, Oregon, Court of Carolina, Court of Federal Claims Wayne Adams, Cape Giraudeau, Federal Claims Number 03–1710V Number 03–1669V Missouri, Court of Federal Claims 81. Leanne Weaver on behalf of 45. Patti and Paul Moss on behalf of Number 03–1692V Gabrielle Weaver, Portland, Oregon, Trevor Ian Moss, Richmond, Virginia, 63. Rita and Arnie Shreffler on behalf of Court of Federal Claims Number 03– Court of Federal Claims Number 03– Mary Kathryn Shreffler, Cape 1711V 1670V Girardeau, Missouri, Court of Federal 82. Catherine Hickman on behalf of 46. Arnold Barton on behalf of Bonney Claims Number 03–1693V Scott Hickman, Portland, Oregon, Barton, Boston, Massachusetts, Court 64. Barbara and John Meister on behalf Court of Federal Claims Number 03– of Federal Claims Number 03–1672V of Joshua Martin Meister, Cape 1712V

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83. Rita Stone on behalf of Tyrozz Court of Federal Claims Number 03– York, New York, Court of Federal Fields, Portland, Oregon, Court of 1734V Claims Number 03–1757V Federal Claims Number 03–1713V 102. Lynda and Feliberto Vega on behalf 121. Nancy and Guiseppe Defazio on 84. Tresea Meinung on behalf of Tristan of Anthony Vega, Miami, Florida, behalf of Gina Defazio, Wichita, Meinung, Portland, Oregon, Court of Court of Federal Claims Number 03– Kansas, Court of Federal Claims Federal Claims Number 03–1714V 1735V Number 03–1758V 85. Corrine and James Sexton on behalf 103. Laura Miller on behalf of Sarah 122. Monica Silverio on behalf of David of James Sexton, Lockport, Illinois, Miller, Miami, Florida, Court of Silverio, Philadelphia, Pennsylvania, Court of Federal Claims Number 03– Federal Claims Number 03–1736V Court of Federal Claims Number 03– 1715V 104. Leshia and Sergio Marcos on behalf 1762V 86. Dianne Benedict on behalf of David of Andrew Marcos, Miami, Florida, 123. Ellen Slysh on behalf of Matthew Benedict, Jr., Dover, New Hampshire, Court of Federal Claims Number 03– Slysh, Philadelphia, Pennsylvania, Court of Federal Claims Number 03– 1737V Court of Federal Claims Number 03– 1716V 105. Charlotte and Tony Doran on 1763V 87. Deborah and Michael Rosenblatt on behalf of Lake Doran, Miami, Florida, 124. Sunday Ezechukwu on behalf of behalf of Samuel Rosenblatt, Miami, Court of Federal Claims Number 03– Kennedy Chima Ezechukwu, Florida, Court of Federal Claims 1738V Temecula, California, Court of Federal Number 03–1717V 106. Cynthia and Richard Irving on Claims Number 03–1764V 88. Kimberly Dawn Lee and Thomas E. behalf of Aaron Irving, Miami, 125. Cheryl and Patrick Cleary behalf of Lee on behalf of Caleb Michael Lee, Florida, Court of Federal Claims John Andrew Cleary, Hackensack, Fishers, Indiana, Court of Federal Number 03–1739V New Jersey, Court of Federal Claims Claims Number 03–1718V 107. Jodi and Eric Neuhof on behalf of Number 03–1768V 89. Teresa Dennis Stuart on behalf of Joshua Neuhof, Miami, Florida, Court 126. Barbara and Mark Decker on behalf Coby Lee Bunn-Stuart, Deceased, of Federal Claims Number 03–1740V of Benjamin Decker, Anchorage, Griffin, Georgia, Court of Federal 108. Ingrid and Kenneth Lane on behalf Alaska, Court of Federal Claims Claims Number 03–1719V of Brandon Lane, Miami, Florida, Number 03–1769V 90. Jenine and Karl Jackson on behalf of Court of Federal Claims Number 03– 127. Robin and Thomas Pott on behalf Karl Chez Elisha Jackson, 1741V of Elliott Brown-Pott, Phoenix, 109. Candace and Cary Bauer on behalf Jacksonville, Florida, Court of Federal California, Court of Federal Claims of Christian Alexander Bauer, Claims Number 03–1722V Number 03–1770V Rockville, Tennessee, Court of Federal 128. Elizabeth Espurvoa on behalf of 91. Cindy and Dale Stelbasky on behalf Claims Number 03–1742V Gabriella Marie Espurvoa, Houston, of Ryan Stelbasky, Strongsville, Ohio, 110. Lisa Thompson on behalf of Texas, Court of Federal Claims Court of Federal Claims Number 03– William Thompson, Boston, Number 03–1771V 1723V Massachusetts, Court of Federal 129. Jennifer and Richard Mullen on 92. Stephanie Lay on behalf of Bryce Claims Number 03–1744V behalf of Sean Patrick Mullen, Fall Lay, Alexandria, Virginia, Court of 111. Leonid Norsworthy on behalf of River, Massachusetts, Court of Federal Federal Claims Number 03–1725V Paul Norsworthy, Boston, Claims Number 03–1772V 93. Matthew Thomas on behalf of Henry Massachusetts, Court of Federal 130. Debra Lynn Collins on behalf of Nathaniel Thomas, Somers Point, Claims Number 03–1745V Dallas Gene Collins, Mount Pleasant, New Jersey, Court of Federal Claims 112. Darla Birchall on behalf of Hannah Tennessee, Court of Federal Claims Number 03–1726V Birchall, Boston, Massachusetts, Court Number 03–1773V 94. Roberta Cruz on behalf of Gerardo R. of Federal Claims Number 03–1746V 131. Terry Terry on behalf of Zariel Cruz, Somers Point, New Jersey, Court 113. Janice Davis on behalf of George Lenee Terry, Reno, Nevada, Court of of Federal Claims Number 03–1727V Davis, Boston, Massachusetts, Court Federal Claims Number 03–1774V 95. Deborah Carey on behalf of James of Federal Claims Number 03–1747V 132. Darlene and Nicholas Downes on Robert Carey, Salisbury, North 114. Alesia Morris on behalf of Scott behalf of Alannah Mary Downes, Carolina, Court of Federal Claims Morris, IV, Boston, Massachusetts, Englewood, New Jersey, Court of Number 03–1728V Court of Federal Claims Number 03– Federal Claims Number 03–1775V 96. Ann and Brian Pysher on behalf of 1748V 133. Tamara Kay Bosco and Michael Brian Pysher, Melbourne, Florida, 115. Elias Hassan on behalf of Emil Jeffrey Bosco on behalf of Zachary Court of Federal Claims Number 03– Hassan, Boston, Massachusetts, Court Taylor Bosco, Van Nuys, California, 1729V of Federal Claims Number 03–1749V Court of Federal Claims Number 03– 97. Donna and Jeff Arnold on behalf of 116. Shannon and James Winch on 1776V Kevin Leo Arnold, Salisbury, North behalf of Ryan Winch, Miami, Florida, 134. Ruben Maldonado on behalf of Carolina, Court of Federal Claims Court of Federal Claims Number 03– Marisa Maldonado, Lansing, Number 03–1730V 1752V Michigan, Court of Federal Claims 98. Yvette and Harry Strickland on 117. Nancy and Tim Hokkanen on Number 03–1777V behalf of Alena Denise Strickland, behalf of Andrew Hokkanen, 135. Scott Sanderson on behalf of Drake Salisbury, North Carolina, Court of Minneapolis, Minnesota, Court of Sanderson, Houston, Texas, Court of Federal Claims Number 03–1731V Federal Claims Number 03–1753V Federal Claims Number 03–1778V 99. Jodi and Eric Neuhof on behalf of 118. Nancy Hatfield, Dallas, Texas, 136. Scott Sanderson on behalf of Drew Jacob Neuhof, Miami, Florida, Court Court of Federal Claims Number 03– Sanderson, Houston, Texas, Court of of Federal Claims Number 03–1732V 1754V Federal Claims Number 03–1779V 100. Crystal and Colin Walker on behalf 119. Estelle and Stephen Doyle on 137. David Stillman on behalf of of Colin Walker, Miami, Florida, behalf of Alexa Michelle Doyle, New Mauricio Stillman, Houston, Texas, Court of Federal Claims Number 03– York, New York, Court of Federal Court of Federal Claims Number 03– 1733V Claims Number 03–1756V 1780V 101. April and Ted Schroeders on behalf 120. Estelle and Stephen Doyle on 138. Kim and Gary Stone on behalf of of Daniel Schroeders, Miami, Florida, behalf of Grace Juliann Doyle, New Austin L. Stone, Houston, Texas,

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Court of Federal Claims Number 03– 157. Sheila and Ronald Ealey on behalf Miami, Florida, Court of Federal 1781V of Temple L. Ealey, New Orleans, Claims Number 03–1829V 139. Eric Torres on behalf of Timaree Louisiana, Court of Federal Claims 176. Darlene Mitnik, Pittsburgh, Torres, Houston, Texas, Court of Number 03–1801V Pennsylvania, Court of Federal Claims Federal Claims Number 03–1782V 158. Esme Johnston Baglio and Michael Number 03–1830V 140. Tracy Vann on behalf of Mason Baglio on behalf of Eva Marie Baglio, 177. Virginia McKinley on behalf of Vann, Houston, Texas, Court of Wayne, New Jersey, Court of Federal Seth Hollis McKinley, Saraland, Federal Claims Number 03–1783V Claims Number 03–1803V Alabama, Court of Federal Claims 141. Joe Weiser on behalf of Gina 159. Joy LeBron on behalf of Tyler James Number 03–1831V Weiser, Houston, Texas, Court of Dill, Philadelphia, Pennsylvania, 178. Therese Cassidy on behalf of Federal Claims Number 03–1784V Court of Federal Claims Number 03– Michael Anthony Cassidy, Decatur, 142. Adaline and Clifton Yamamoto on 1804V Texas, Court of Federal Claims behalf of Kyle Yamamoto, Houston, 160. Laurie and Timothy Fredericks on Number 03–1833V Texas, Court of Federal Claims behalf of Dustin Clay Fredericks, Cape 179. Adriana and Carlos Lopez on Number 03–1785V Girardeau, Missouri, Court of Federal behalf of Carlos Eric Lopez, II, 143. Linda and Stephen Bommarito on Claims Number 03–1805V Decatur, Texas, Court of Federal behalf of Joshua Bommarito, Houston, 161. Kim and A. Bailey Dabney on Claims Number 03–1834V Texas, Court of Federal Claims behalf of Andrew B. Dabney, IV, 180. Maria and Manuel Arnero on Number 03–1786V Miami, Florida, Court of Federal behalf of Azeret Arnero, Decatur, 144. Garlyn and Paul Serame on behalf Claims Number 03–1806V Texas, Court of Federal Claims of Brendan Serame, Houston, Texas, 162. John Vitale on behalf of Jarod Number 03–1835V Court of Federal Claims Number 03– Vitale, Boston, Massachusetts, Court 181. Jose M. Carmona on behalf of Jose 1787V of Federal Claims Number 03–1807V M. Carmona, Jr., Decatur, Texas, Court 145. Laura Weinberg on behalf of 163. Kristi Balgord on behalf of Brandon of Federal Claims Number 03–1836V William J. Aronow, Houston, Texas, Balgord, Boston, Massachusetts, Court 182. Sandra and Eduardo Del Angel on Court of Federal Claims Number 03– of Federal Claims Number 03–1808V behalf of Gabriel Del Angel, Decatur, 1788V 164. Barbara Roth on behalf of Mason Texas, Court of Federal Claims 146. Diane and Scott Magers on behalf Roth, Boston, Massachusetts, Court of Number 03–1837V of Tanner R. Magers, Houston, Texas, Federal Claims Number 03–1809V 183. Irene Escamilla on behalf of Carlos Court of Federal Claims Number 03– 165. Angela Wiens on behalf of Favela, Decatur, Texas, Court of 1789V Alexander Wiens, Boston, Federal Claims Number 03–1838V 147. Dena and Brandon Fogle on behalf Massachusetts, Court of Federal 184. Juanita and Ruben Gonzalez on of Hayden Fogle, Houston, Texas, Claims Number 03–1810V behalf of Vanessa A. Gonzalez, Court of Federal Claims Number 03– 166. Joel Goloskie on behalf of Ethan Decatur, Texas, Court of Federal 1790V Goloskie, Boston, Massachusetts, Claims Number 03–1839V 148. Jeannette and Michael Chernoff on Court of Federal Claims Number 03– 185. Thomasa and Alfonso Martinez on behalf of Michael Chernoff, II, 1811V behalf of Andres Alberto Martinez, Houston, Texas, Court of Federal 167. Rhonda and Leonard Quigley on Decatur, Texas, Court of Federal Claims Number 03–1791V behalf of Jason Quigley, Alexandria, Claims Number 03–1840V 149. Marilyn and Wason Carroll on Virginia, Court of Federal Claims 186. Juan Meza on behalf of Juan Meza, behalf of Caleb Carroll, Houston, Number 03–1814V III, Decatur, Texas, Court of Federal Texas, Court of Federal Claims 168. Brenda Johnson on behalf of Brett Claims Number 03–1841V Number 03–1792V Tuers, Alexandria, Virginia, Court of 187. Michelle Reyes on behalf of Austin 150. Audra and Donald Calloway on Federal Claims Number 03–1815V James Montez, Decatur, Texas, Court behalf of Donald Calloway, III, 169. Cynthia and Richard Hoffman on of Federal Claims Number 03–1842V Houston, Texas, Court of Federal behalf of Anthony Hoffman, Houston, 188. Maria and Jorge Rivera on behalf of Claims Number 03–1793V Texas, Court of Federal Claims Melissa Rivera, Decatur, Texas, Court 151. Anna and Paul LaMELA on behalf Number 03–1817V of Federal Claims Number 03–1843V of Nicholas J. LaMELA, Melbourne, 170. Martha and Ricardo Sanchez on 189. Sonia Turgeon on behalf of Kevin Florida, Court of Federal Claims behalf of Fernando Sanchez, Vienna, Turgeon, Decatur, Texas, Court of Number 03–1794V Virginia, Court of Federal Claims Federal Claims Number 03–1844V 152. Janice Danley on behalf of Roxann Number 03–1819V 190. Manuela Jimenez and Edgar Johnette Danley, Great Neck, New 171. Donna and Lamile Christopher Hill Villarreal on behalf of Edgar Mauricio York, Court of Federal Claims Number on behalf of De’Joi C. Hill, Atlanta, Villarreal, Decatur, Texas, Court of 03–1795V Georgia, Court of Federal Claims Federal Claims Number 03–1845V 153. Selena and Daniel Burke on behalf Number 03–1824V 191. Maria E. Villasenor on behalf of of Nathan Lee Burke, Great Neck, New 172. Mildey and Felix Gonzalez on Jesus Emmanuel Hernandez, Decatur, York, Court of Federal Claims Number behalf of Alejandro Jose Gonzalez, Texas, Court of Federal Claims 03–1796V Melbourne, Florida, Court of Federal Number 03–1846V 154. Donna Ross-Jones and David Jones Claims Number 03–1826V 192. Rachel and Robert Wells on behalf on behalf of Nicholas Jones, Great 173. Linda and John Bean on behalf of of Dylon Wells, Decatur, Texas, Court Neck, New York, Court of Federal Matthew Trevor Bean, Melbourne, of Federal Claims Number 03–1847V Claims Number 03–1797V Florida, Court of Federal Claims 193. Nora Linda and Luis Cavazos on 155. Judith Dennis and Robert Number 03–1827V behalf of Luis Daniel Cavazos, Rittenburg on behalf of James Dennis 174. Annette Roces on behalf of Decatur, Texas, Court of Federal Rittenburg, Atlanta, Georgia, Court of Mitchell Manning, Miami, Florida, Claims Number 03–1848V Federal Claims Number 03–1799V Court of Federal Claims Number 03– 194. Martha and Carlos Munoz on 156. Kathy Arena on behalf of Kayla J. 1828V behalf of Daniel Munoz, Decatur, Arena, Los Gatos, California, Court of 175. Sabra and Patrick Champagne on Texas, Court of Federal Claims Federal Claims Number 03–1800V behalf of Patrick Champagne, Jr., Number 03–1849V

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195. Sandra Muro on behalf of 214. Andrea Abeyta on behalf of 233. Sylvia and Deverton Gilfillian on Ildelfonso Munoz, Decatur, Texas, Antonio Abeyta, Boston, behalf of David Jonathan Gilfillian, Court of Federal Claims Number 03– Massachusetts, Court of Federal White Plains, New York, Court of 1850V Claims Number 03–1883V Federal Claims Number 03–1903V 196. Veronica Perez on behalf of 215. Domenick Domanico on behalf of 234. Yolette and Mathias Atana on Francisco Javier Perez, Decatur, Luke Domanico, Boston, behalf of Mailry Atana, Eagan, Texas, Court of Federal Claims Massachusetts, Court of Federal Minnesota, Court of Federal Claims Number 03–1851V Claims Number 03–1884V Number 03–1904V 197. Veronica Perez on behalf of Mario 216. Patricia Quint on behalf of Dylan 235. Leslie and Robert Bradley on behalf Alberto Perez, Decatur, Texas, Court Quint, Boston, Massachusetts, Court of Lauren B. Bradley, Philadelphia, of Federal Claims Number 03–1852V of Federal Claims Number 03–1885V Pennsylvania, Court of Federal Claims 198. Clarissa and Alfredo Perez on 217. Eve Morales on behalf of Harrison Number 03–1908V behalf of Luis Alfredo Perez, Decatur, Morales, Boston, Massachusetts, Court 236. Leslie and Robert Bradley on behalf Texas, Court of Federal Claims of Federal Claims Number 03–1886V of Jackson B. Bradley, Philadelphia, 218. Christopher Malueg on behalf of Number 03–1853V Pennsylvania, Court of Federal Claims 199. Dulce MA. and Jorge Perez on William Henry Malueg, Boston, Number 03–1909V behalf of Jorge Alejandro Perez, Massachusetts, Court of Federal 237. Regina Santos-Larralde and John Decatur, Texas, Court of Federal Claims Number 03–1887V Larralde on behalf of Cristian J. Claims Number 03–1854V 219. Tami Mills on behalf of Sam 200. Marlen and Fitzgerald Sanchez on Borgens, Boston, Massachusetts, Court Larralde, Miami, Florida, Court of behalf of Fitzgerald Antonio Sanchez, of Federal Claims Number 03–1888V Federal Claims Number 03–1912V Decatur, Texas, Court of Federal 220. Kimberly Hrycenko on behalf of 238. Audrey Blash on behalf of Helen Claims Number 03–1855V Nicholas Hrycenko, Boston, Blash, Deceased, Winter Haven, 201. Luis Valdez on behalf of Gabriel Massachusetts, Court of Federal Florida, Court of Federal Claims Valdez, Decatur, Texas, Court of Claims Number 03–1889V Number 03–1913V Federal Claims Number 03–1856V 221. Caroline and Denis Troia on behalf 239. Lisa and Gregory Macneir on behalf 202. Brigido Alvarez on behalf of of Taylor John Troia, Madison, of Drew Morton Macneir, Memphis, Alberto C. Alvarez, Decatur, Texas, Wisconsin, Court of Federal Claims Tennessee, Court of Federal Claims Court of Federal Claims Number 03– Number 03–1890V Number 03–1914V 1857V 222. Sherry Conklin on behalf of Jason 240. Wendy and Joseph Alderman on 203. Doris Arce on behalf of Christopher Conklin, Portland, Oregon, Court of behalf of Robert Alderman, Arce, Decatur, Texas, Court of Federal Federal Claims Number 03–1892V Philadelphia, Pennsylvania, Court of Claims Number 03–1858V 223. Patricia Wigney on behalf of Federal Claims Number 03–1918V 204. Rolando Uvalle, Jr. on behalf of Sophia Wigney, Portland, Oregon, 241. Dawn Aho, Waukesha, Wisconsin, Gricelda Uvalle, Decatur, Texas, Court Court of Federal Claims Number 03– Court of Federal Claims Number 03– of Federal Claims Number 03–1859V 1893V 1920V 205. Maria and Antonio Villarreal on 224. Theresa Henry on behalf of Lauren 242. Thomas Odom on behalf of behalf of Antonio X. Villarreal, Henry, Portland, Oregon, Court of William Austin Odom, Humbolt, Decatur, Texas, Court of Federal Federal Claims Number 03–1894V Tennessee, Court of Federal Claims Claims Number 03–1860V 225. Edward M. Cioffi on behalf of Number 03–1924V 206. Angela and George Meyer on behalf Christopher D. Cioffi, Jacksonville, 243. Kimberly and Cory Chandler on of Timothy Brown Meyer, Atlanta, Florida, Court of Federal Claims behalf of Jackson Chandler, Houston, Georgia, Court of Federal Claims Number 03–1895V Texas, Court of Federal Claims Number 03–1866V 226. Amanda Roesch on behalf of Number 03–1925V 207. Robin Komyakevitch on behalf of Trevor R. Roesch, Melbourne, Florida, 244. Lisa Scribner on behalf of Taylor Ivan Komyakevitch, Miami, Florida, Court of Federal Claims Number 03– Scribner, Houston, Texas, Court of Court of Federal Claims Number 03– 1896V Federal Claims Number 03–1926V 1867V 227. Carol and Greg Lauer on behalf of 245. Juliet and Cecil Camara on behalf 208. Marilyn Caldiero-Martinucci and Samuel Lauer, Miami, Florida, Court of Sarian Camara, Houston, Texas, John Martinucci on behalf of Matthew of Federal Claims Number 03–1897V Court of Federal Claims Number 03– John Martinucci, New York, New 228. Suzanne and Joseph Cerio on 1927V York, Court of Federal Claims Number behalf of Halle Cerio, Syracuse, New 03–1876V York, Court of Federal Claims Number 246. Carolyn and Raymond Yount on 209. Thomas Stewart, Pemberton, New 03–1898V behalf of Chandler Yount, Houston, Jersey, Court of Federal Claims 229. Rachel and Perry Thomas on behalf Texas, Court of Federal Claims Number 03–1877V of Perry Lee Thomas, Jr., Robinsdale, Number 03–1928V 210. Kelly Craig-Kennelly and Edward Michigan, Court of Federal Claims 247. Terry and Darryl Davidson on Kennelly on behalf of Hillary Number 03–1899V behalf of Scott Davidson, Houston, Kennelly, Eldersburg, Maryland, 230. Mark Myers on behalf of Daniel Texas, Court of Federal Claims Court of Federal Claims Number 03– Justin Myers, Crystal Lake, Illinois, Number 03–1929V 1878V Court of Federal Claims Number 03– 248. Jaime and Salvador Juarez on 211. Janette Pedraza on behalf of Ariana 1900V behalf of Dominic Juarez, Houston, Rivera, Boston, Massachusetts, Court 231. Antonio Lourenco on behalf of Texas, Court of Federal Claims of Federal Claims Number 03–1880V Louis Joseph Lourenco, Woodbury, Number 03–1930V 212. Edie Maske on behalf of John West, New York, Court of Federal Claims 249. Judy O’Connor on behalf of Joel Boston, Massachusetts, Court of Number 03–1901V Rohrer, Houston, Texas, Court of Federal Claims Number 03–1881V 232. Genevieve Johnson on behalf of Federal Claims Number 03–1931V 213. Arley Collins on behalf of Brandon Nicholas Roel Wilburgh, Bronx, New 250. Ileana Lopez on behalf of Corey Collins, Boston, Massachusetts, Court York, Court of Federal Claims Number Slater, Houston, Texas, Court of of Federal Claims Number 03–1882V 03–1902V Federal Claims Number 03–1932V

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251. Sheila Lovett on behalf of Megan Massachusetts, Court of Federal 288. Barbara Kort on behalf of Jacob Lovett, Houston, Texas, Court of Claims Number 03–1960V Kort, Boston, Massachusetts, Court of Federal Claims Number 03–1933V 270. Rachel Sabin on behalf of Thomas Federal Claims Number 03–1980V 252. Barbara and Daniel Sparling on Sabin, Boston, Massachusetts, Court 289. Jamie Meidinger on behalf of behalf of Benjamin Sparling, Houston, of Federal Claims Number 03–1961V Jourdan Meidinger, Boston, Texas, Court of Federal Claims 271. Kim and Raymond Nerswick on Massachusetts, Court of Federal Number 03–1934V behalf of Sarah Nerswick, Claims Number 03–1981V 253. Debra and Jonathan Domingo on Indianapolis, Indiana, Court of 290. Maria and Orlando Morales on behalf of Joshua T. Domingo, Los Federal Claims Number 03–1963V behalf of Maria Morales, Garden City, Angeles, California, Court of Federal 272. Chrisann Shoop on behalf of Harry New York, Court of Federal Claims Claims Number 03–1935V Shoop, Alexandria, Virginia, Court of Number 03–1982V 254. Nasinet Paulos on behalf of Federal Claims Number 03–1964V 291. Kim and Hector Cisneros on behalf Matthew Semere, Santa Clara, 273. Andrea and John Corner on behalf of Nathan Cisneros, Melbourne, California, Court of Federal Claims of John E. Corner, III, Alexandria, Florida, Court of Federal Claims Number 03–1936V Virginia, Court of Federal Claims Number 03–1985V 255. Kerri and Sam Amato on behalf of 292. Michele and Joey Sartain on behalf Number 03–1965V Rylee Amato, Sioux Falls, South of Joey Kyle Sartain, Alexandria, 274. Jana and John Marshall on behalf Dakota, Court of Federal Claims Virginia, Court of Federal Claims of Samuel A. Marshall, Alexandria, Number 03–1937V Number 03–1989V 256. Paula Earls on behalf of Jerrad Virginia, Court of Federal Claims 293. Rachella and Steven Bullard on Michael Earls, Corydon, Indiana, Number 03–1966V behalf of Zachery Steven Bullard, Court of Federal Claims Number 03– 275. Lien and Van Nguyen on behalf of Cleburne, Texas, Court of Federal 1938V Brandon Nguyen, Melbourne, Florida, Claims Number 03–1990V 257. Suzanne and John Bahmer on Court of Federal Claims Number 03– 294. Audrey and Mark Peterson on behalf of Gino Romeo Defalco, Palm 1967V behalf of Montae Jahvaughn Peterson, Beach, Florida, Court of Federal 276. Robin and Thomas Havens on Brooklyn, New York, Court of Federal Claims Number 03–1939V, behalf of Jacob Havens, Lake Success, Claims Number 03–1991V 258. Roberta and Linwood Bellamy on New York, Court of Federal Claims 295. Brianna Wyrick on behalf of Jordan behalf of Kareem Bellamy, Number 03–1968V Alexander Wyrick, Plano, Texas, Philadelphia, Pennsylvania, Court of 277. Jimmie F. Tucker on behalf of Court of Federal Claims Number 03– Federal Claims Number 03–1940V Chrisben T. Tucker, Alexandria, 1992V 259. Janice and Frank Tuffy on behalf of Virginia, Court of Federal Claims 296. Lisa Grier on behalf of Darien Patrick Tuffy, Brandon, Florida, Court Number 03–1969V Walker, Columbus, Ohio, Court of of Federal Claims Number 03–1941V 278. Wanda and Richard Fisher on Federal Claims Number 03–1993V 260. Laura Knapp on behalf of Jazmin behalf of Gregg Thomas Fisher, 297. Jennifer and Gary Call on behalf of Knapp, Jay, Oklahoma, Court of Pelhan, Alabama, Court of Federal Madison Jayne Call, Columbus, Ohio, Federal Claims Number 03–1943V Claims Number 03–1970V Court of Federal Claims Number 03– 261. Renee and Greg Lawrenz on behalf 279. Traci and Lee Touchton on behalf 1994V of Patrick Lawrenz, Dallas, Texas, of Cooper Derrold Touchton, 298. Dana and Robert Taylor on behalf Court of Federal Claims Number 03– Jacksonville, Florida, Court of Federal of Robert Trey Taylor, Salisbury, 1947V Claims Number 03–1971V North Carolina, Court of Federal 262. Virginia McKinley on behalf of 280. Lisa and Raymond Oakes on behalf Claims Number 03–1995V Seth Hollis McKinley, Saraland, of Conner Douglas Oakes, Melbourne, 299. Anett and Duke Romer on behalf of Alabama, Court of Federal Claims Florida, Court of Federal Claims Seth C. Romer, Melbourne, Florida, Number 03–1948V Number 03–1972V Court of Federal Claims Number 03– 263. Cynthia and Anthony Rodriguez on 281. Deanna Kokoszka on behalf of John 1996V behalf of Robert Rodriguez, San Diego, H. Kokoszka, Melbourne, Florida, 300. Jennifer and Adam Smith on behalf of Austin S. Smith, Melbourne, California, Court of Federal Claims Court of Federal Claims Number 03– Number 03–1949V Florida, Court of Federal Claims 1973V 264. Lori Rindfleisch on behalf of Number 03–1997V 282. Hope Fowler on behalf of Minah Madison Rindfleisch, Boston, 301. Deborah Faust on behalf of Paul Fowler, Boston, Massachusetts, Court Massachusetts, Court of Federal Faust, Dallas, Texas, Court of Federal of Federal Claims Number 03–1974V Claims Number 03–1952V Claims Number 03–1999V 265. Cheryl Edwards on behalf of 283. Tanya Phinney on behalf of Darron 302. Helene and Patrick Stant on behalf Christian James Edwards, Richmond, Balch, Boston, Massachusetts, Court of Jason P. Stant, New Orleans, Virginia, Court of Federal Claims of Federal Claims Number 03–1975V Louisiana, Court of Federal Claims Number 03–1954V 284. Chad Davis on behalf of Drake Number 03–2000V 266. Emily Valentine on behalf of Davis, Boston, Massachusetts, Court 303. Laura and Kenneth Ulappa on Thomas Valentine, Boston, of Federal Claims Number 03–1976V behalf of Theodore Ulappa, Portland, Massachusetts, Court of Federal 285. Susan Bassett on behalf of Iam Oregon, Court of Federal Claims Claims Number 03–1957V Bassett, Boston, Massachusetts, Court Number 03–2001V 267. Carissa Evans on behalf of Logan of Federal Claims Number 03–1977V 304. Kimberly and Lenos Baker on Evans, Boston, Massachusetts, Court 286. Melissa Metcalf on behalf of behalf of Kyle G. Baker, Miami, of Federal Claims Number 03–1958V Nicholas Metcalf, Boston, Florida, Court of Federal Claims 268. Kimberly Thompson on behalf of Massachusetts, Court of Federal Number 03–2003V Spencer Thompson, Boston, Claims Number 03–1978V 305. Leeann Lenoci on behalf of Luke Massachusetts, Court of Federal 287. Phuangjzin Teng on behalf of Lenoci, Chicago, Illinois, Court of Claims Number 03–1959V Dimiter Roussanov, Boston, Federal Claims Number 03–2004V 269. Melinda Franco on behalf of Massachusetts, Court of Federal 306. Priscilla Richardson-Hudson on Matthew Franco, Boston, Claims Number 03–1979V behalf of Townsend T. Connors,

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Melbourne, Florida, Court of Federal Georgia, Court of Federal Claims 343. Beverly and Alan Chung on behalf Claims Number 03–2006V Number 03–2026V of Alan Chung, Atlanta, Georgia, 307. Diane and Jeffrey Farmer on behalf 325. Melissa and Scott Rady on behalf Court of Federal Claims Number 03– of James Edward Farmer, Arlington, of Sullivan D. Rady, Jacksonville, 2054V Virginia, Court of Federal Claims Florida, Court of Federal Claims 344. Alice Bell on behalf of Sierra Bell, Number 03–2007V Number 03–2027V Atlanta, Georgia, Court of Federal 308. Joy and Russell Zachary on behalf 326. Jean and James Criswell on behalf Claims Number 03–2055V of Ruston Lee Zachary, Baton Rouge, of Michael Criswell, Lake Success, 345. Tabitha Barkley on behalf of Tony Louisiana, Court of Federal Claims New York, Court of Federal Claims Williams, Atlanta, Georgia, Court of Number 03–2009V Number 03–2029V Federal Claims Number 03–2056V 309. Kemble and Lamont Johnson on 327. Allie and Bill Seyler on behalf of 346. Marlene and Rodney Hay on behalf behalf of Javon Johnson, Philadelphia, Billie Seyler, Lake Success, New of Austin Taylor Hay, Atlanta, Pennsylvania, Court of Federal Claims York, Court of Federal Claims Number Georgia, Court of Federal Claims Number 03–2010V 03–2030V Number 03–2057V 328. Norma and Raymond Custodio on 310. Jennifer and Gary Smallwood on 347. Kathaleen Preston on behalf of behalf of Nathaniel A. Custodio, behalf of Blake Smallwood, James Granger Preston, Atlanta, Seaside, California, Court of Federal Sacramento, California, Court of Georgia, Court of Federal Claims Federal Claims Number 03–2011V Claims Number 03–2031V 329. Rosemarie Maestre on behalf of Number 03–2058V 311. Sharon Smith on behalf of Dane 348. Latanga Landers on behalf of Lousignont-Smith, Boston, Jason Maestre, Jacksonville, Florida, Court of Federal Claims Number 03– Demetrius D. Landers, Atlanta, Massachusetts, Court of Federal Georgia, Court of Federal Claims Claims Number 03–2012V 2032V 330. N. Nicole Gamot and Mark Murray Number 03–2059V 312. Amy Nations on behalf of Sarah 349. Linda Curtis on behalf of Miguel Nations, Boston, Massachusetts, Court on behalf of Ethan P. Murray, Melbourne, Florida, Court of Federal Demone Broom, Atlanta, Georgia, of Federal Claims Number 03–2013V Court of Federal Claims Number 03– 313. Carla and Craig Miller on behalf of Claims Number 03–2035V 331. Theresa and Norman Desselles on 2060V Jacob Charles Miller, Dallas, Texas, 350. Belinda and William Evans on Court of Federal Claims Number 03– behalf of Abigail Desselles, Great Neck, New York, Court of Federal behalf of Morgan Evans, Houston, 2014V Texas, Court of Federal Claims 314. Melissa and Michael Markovich on Claims Number 03–2036V 332. Janet Moneypenny on behalf of Number 03–2064V behalf of Ashlyn M. Markovich, Mikalyn Moneypenny, Deceased, 351. Belinda and William Evans on Apple Valley, Minnesota, Court of Tulsa, Oklahoma, Court of Federal behalf of Basil Evans, Houston, Texas, Federal Claims Number 03–2015V Claims Number 03–2037V Court of Federal Claims Number 03– 315. Claudia Carrera-Meza, Chula Vista, 333. Anna and Jose Amezcua on behalf 2065V California, Court of Federal Claims of Jose Daniel Amezcua, Temecula, 352. Amy and Kevin Collins on behalf Number 03–2016V Florida, Court of Federal Claims 316. Vanieda Pruitt on behalf of of Amanda Grace Collins, Number 03–2039V Jacksonville, Florida, Court of Federal Quinton A. Pruitt, Alexandria, 334. Judy and Tom Boyles on behalf of Virginia, Court of Federal Claims Claims Number 03–2066V Hannah Rose Boyles, Temecula, 353. Evelyn Bennett on behalf of Lance Number 03–2018V Florida, Court of Federal Claims 317. Mevalone Johnson on behalf of Bennett, Jr., Decatur, Alabama, Court Number 03–2040V of Federal Claims Number 02–2067V Vanessa Johnson, Alexandria, 335. Roxana and Keith Braun on behalf Virginia, Court of Federal Claims 354. Cinnamon Boyle on behalf of Dylan of Brandon Braun, Temecula, Florida, Boyle, Dallas, Texas, Court of Federal Number 03–2019V Court of Federal Claims Number 03– 318. Cherry and Chris Doyle on behalf Claims Number 03–2068V 2041V 355. Diane and Kevin Cantrell on behalf of Alexander Rober Doyle, Atlanta, 336. Kimberly K. Baccus, Tulsa, Georgia, Court of Federal Claims of Ashley Cantrell, Dallas, Texas, Oklahoma, Court of Federal Claims Court of Federal Claims Number 03– Number 03–2020V Number 03–2046V 2069V 319. Angelique and Shawn Payne on 337. Lilian Piper-Idris on behalf of 356. Diane and Kevin Cantrell on behalf behalf of Jordan Payne, Atlanta, Khaled Idris, Atlanta, Georgia, Court of Ryan Cantrell, Dallas, Texas, Court Georgia, Court of Federal Claims of Federal Claims Number 03–2048V Number 03–2021V 338. Katherine and Mark Zepp on behalf of Federal Claims Number 03–2070V 320. Gretta and Jon Trebilcock on behalf of Austin Zepp, Atlanta, Georgia, 357. Gwen Cheatham on behalf of of Connor Trebilcock, Atlanta, Court of Federal Claims Number 03– Andrew Cheatham, Dallas, Texas, Georgia, Court of Federal Claims 2049V Court of Federal Claims Number 03– Number 03–2022V 339. Che’Blackett Wilcox on behalf of 2071V 321. Rachel and Larry Tyler on behalf of Kitana Wilcox, Atlanta, Georgia, Court 358. Cheryl and Bruce Dalrup on behalf William Preston Tyler, Atlanta, of Federal Claims Number 03–2050V of Mark Dalrup, Dallas, Texas, Court Georgia, Court of Federal Claims 340. Stanley Lamar Williams on behalf of Federal Claims Number 03–2072V Number 03–2023V of Stanley Lamar Williams, II, Atlanta, 359. Stacey and Brent Dickey on behalf 322. Teresa Spohn on behalf of Ethan Georgia, Court of Federal Claims of Hunter Dickey, Dallas, Texas, Court Spohn, Atlanta, Georgia, Court of Number 03–2051V of Federal Claims Number 03–2073V Federal Claims Number 03–2024V 341. Julianne and Charlie Prescott on 360. Cindy and James Farmer on behalf 323. Amy and James Bowers on behalf behalf of Charlie D. Prescott, IV, of Avery Farmer, Dallas, Texas, Court of Ethan Bowers, Atlanta, Georgia, Atlanta, Georgia, Court of Federal of Federal Claims Number 03–2074V Court of Federal Claims Number 03– Claims Number 03–2052V 361. Megan and William Fusselman on 2025V 342. Joshua Bello on behalf of Isiah behalf of Joseph Fusselman, Dallas, 324. Michelle and Gary Johnson on Bello, Atlanta, Georgia, Court of Texas, Court of Federal Claims behalf of Chloe Johnson, Atlanta, Federal Claims Number 03–2053V Number 03–2075V

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362. Teresa and Jeffrey Guyot on behalf 382. Renee Whitaker on behalf of Dylan 401. Judy and Richard Burns on behalf of Andrew Guyot, Dallas, Texas, Court Whitaker, Dallas, Texas, Court of of Stewart Burns, Dallas, Texas, Court of Federal Claims Number 03–2076V Federal Claims Number 03–2096V of Federal Claims Number 03–2116V 363. Lisa Holt on behalf of James Holt, 383. Melissa Wood on behalf of 402. Robin and Mike Dooley on behalf Dallas, Texas, Court of Federal Claims Matthew Wood, Dallas, Texas, Court of Nicholas Caleb Dooley, Dallas, Number 03–2077V of Federal Claims Number 03–2097V Texas, Court of Federal Claims 364. Macy and Monty Humble on behalf 384. Lori and Raymond Zinar on behalf Number 03–2117V of Crawford Humble, Dallas, Texas, of Noah Zinar, Dallas, Texas, Court of 403. Beth and Kenneth Mulholland on Court of Federal Claims Number 03– Federal Claims Number 03–2098V behalf of Conner Mulholland, Dallas, 2078V 385. Jennifer and Justin McElrath on Texas, Court of Federal Claims 365. Sonja and Rodney Kyle on behalf behalf of Shauna McElrath, Dallas, Number 03–2118V of Chandler Kyle, Dallas, Texas, Court Texas, Court of Federal Claims 404. Lea and Ken Inouye on behalf of of Federal Claims Number 03–2079V Number 03–2099V Matthew Inouye, Dallas, Texas, Court 366. Kimberly and John Lindberg on 386. Amber Cornett on behalf of Megan of Federal Claims Number 03–2119V behalf of Courtney Lindberg, Dallas, McGuire, Dallas, Texas, Court of 405. Amy and Stefan Hanson on behalf Texas, Court of Federal Claims Federal Claims Number 03–2100V of Amory Hanson, Dallas, Texas, Number 03–2080V 387. Kim and Christopher Rosengren on Court of Federal Claims Number 03– 367. Dawn and Jason Coulter on behalf behalf of Christopher Rosengren, 2120V of Logan Coulter, Dallas, Texas, Court Dallas, Texas, Court of Federal Claims 406. Mary and Edward Heller on behalf of Federal Claims Number 03–2081V Number 03–2101V of Edward Ryan Heller, Dallas, Texas, 368. Marla and Mark Long on behalf of 388. Cathy and Joseph Semens on behalf Court of Federal Claims Number 03– Kenneth Long, Dallas, Texas, Court of of Tyler Semens, Dallas, Texas, Court 2121V Federal Claims Number 03–2082V of Federal Claims Number 03–2102V 407. Sharon and Mark Bafetti on behalf 369. Lisa Meadors on behalf of Ryan 389. Wendy and David Frazier on behalf of Alex John Bafetti, Dallas, Texas, Meadors, Dallas, Texas, Court of of Adam Stephens, Dallas, Texas, Court of Federal Claims Number 03– Federal Claims Number 03–2083V Court of Federal Claims Number 03– 2122V 370. Leighann Medcalf on behalf of 2103V 408. Robin Bailey on behalf of Blake 390. Lisa and Charles Dean on behalf of Luke Medcalf, Dallas, Texas, Court of Stephen Bailey, Dallas, Texas, Court Savanna Dean, Chino, California, Federal Claims Number 03–2084V of Federal Claims Number 03–2123V Court of Federal Claims Number 03– 409. Susan and Christopher Davis on 371. Lisa and Christopher Miller on 2104V behalf of Matthew Davis, Dallas, behalf of Christopher Miller, Dallas, 391. Nancy Herard-Brown and Gerard Texas, Court of Federal Claims Texas, Court of Federal Claims Brown on behalf of Gerard Brown, IV, Number 03–2124V Number 03–2085V Lake Success, New York, Court of 410. Kathy and Fernando Galeano on 372. Tracy Falco Myers on behalf of Federal Claims Number 03–2105V behalf of Daniel Galeano, Dallas, Michael Myers, Dallas, Texas, Court 392. Tracey and Todd Pilger on behalf Texas, Court of Federal Claims of Federal Claims Number 03–2086V of Blake Pilger, Dallas, Texas, Court of Number 03–2125V 373. Lynda and Thomas Noland on Federal Claims Number 03–2107V 411. Karen and Peter Wolk on behalf of behalf of Maxwell Noland, Dallas, 393. Susan and James Padrino on behalf Patrick Wolk, Dallas, Texas, Court of Texas, Court of Federal Claims of Carma Padrino, Dallas, Texas, Federal Claims Number 03–2126V Number 03–2087V Court of Federal Claims Number 03– 412. Susan and Michael Neighbors on 374. Angelica Shore on behalf of 2108V behalf of Nicholas Neighbors, Dallas, Morgan Shore, Dallas, Texas, Court of 394. Angie Ha Vo and Hoang Nguyen on Texas, Court of Federal Claims Federal Claims Number 03–2088V behalf of Parker Nguyen, Dallas, Number 03–2127V 375. Sandra and Earl Shuemaker on Texas, Court of Federal Claims 413. Kim and Benjamin Ng on behalf of behalf of Noah Shuemaker, Dallas, Number 03–2109V Samuel Ng, Dallas, Texas, Court of Texas, Court of Federal Claims 395. Kristi and Robert Shinsato on Federal Claims Number 03–2128V Number 03–2089V behalf of Aaron Shinsato, Dallas, 414. Valerie and Michael Zielinski on 376. Laurie and Greg Snyder on behalf Texas, Court of Federal Claims behalf of Carson Zielinski, Dallas, of Nicholas Snyder, Dallas, Texas, Number 03–2110V Texas, Court of Federal Claims Court of Federal Claims Number 03– 396. Ivy and Nathaniel Seeds on behalf Number 03–2129V 2090V of Evan Seeds, Dallas, Texas, Court of 415. Rick Jeansonne on behalf of 377. Anselma and Marcelino Vega on Federal Claims Number 03–2111V Melissa Kaye Jeansonne, Tyler, Texas, behalf of Marcelino Vega, Dallas, 397. Shara and Derek Martineau on Court of Federal Claims Number 03– Texas, Court of Federal Claims behalf of Jordan Martineau, Dallas, 2132V Number 03–2091V Texas, Court of Federal Claims 416. Dawn Secord on behalf of Logan 378. Mark Bradley on behalf of Patrick Number 03–2112V Secord, Boston, Massachusetts, Court Veras-Bradley, Dallas, Texas, Court of 398. Susan Langsjoen on behalf of of Federal Claims Number 03–2133V Federal Claims Number 03–2092V Mikael Langsjoen, Dallas, Texas, 417. Kimberly and Robert Sweet on 379. Debra and Clifford Walker on Court of Federal Claims Number 03– behalf of Robert Dean Sweet, behalf of Clifford Walker, Dallas, 2113V Montgomery, Ohio, Court of Federal Texas, Court of Federal Claims 399. Valerie and Michael Zielinski on Claims Number 03–2134V Number 03–2093V behalf of Sutter Zielinski, Dallas, 418. Daphne and Maurice Wheeler on 380. Loretta and Roger Ward on behalf Texas, Court of Federal Claims behalf of Maurice Dean Wheeler, Jr., of Trent Ward, Dallas, Texas, Court of Number 03–2114V Hampton, Virginia, Court of Federal Federal Claims Number 03–2094V 400. Angi and Kevin Queenan on behalf Claims Number 03–2135V 381. Loretta and Roger Ward on behalf of John Taylor Queenan, Dallas, 419. Amy and Eric Tucker on behalf of of Troy Ward, Dallas, Texas, Court of Texas, Court of Federal Claims Alex Tucker, Sidney, Ohio, Court of Federal Claims Number 03–2095V Number 03–2115V Federal Claims Number 03–2136V

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420. Tonia and James Kelley on behalf 438. Deborah Parr on behalf of Nicholas 458. Karen Long on behalf of Kelli of Jacob Andrew Kelley, Hamilton, Parr, Temple Hills, Maryland, Court Elaine Long, Tyler, Texas, Court of Ohio, Court of Federal Claims of Federal Claims Number 03–2157V Federal Claims Number 03–2182V Number 03–2137V 439. Trinee Maddox Ross on behalf of 459. Melissa Echegaray on behalf of 421. Karen and Mark Hunnicutt on Shcharansky Cooper, Atlanta, Brooke Echegaray, Boston, behalf of Clinton James Hunnicutt, Georgia, Court of Federal Claims Massachusetts, Court of Federal Riverside, California, Court of Federal Number 03–2158V Claims Number 03–2183V Claims Number 03–2138V 440. John G. Holiman on behalf of 460. Robin Blake Smith and Gary 422. Sharmin Turner on behalf of Bradley R. Holiman, Atlanta, Georgia, Davison on behalf of Elijah Seth Makenzie Alexis Turner, Dayton, Court of Federal Claims Number 03– Davison, Deceased, Little Rock, Ohio, Court of Federal Claims 2159V Arkansas, Court of Federal Claims Number 03–2139V 441. Angel McConnell on behalf of Number 03–2184V 423. Stacey Evans and Daven Broxton Angelo M. McConnell, Atlanta, 461. Catherine Kim on behalf of on behalf of Daven Jacob Vanwinkle, Georgia, Court of Federal Claims Nicholas Kim, Boston, Massachusetts, Tiffin, Ohio, Court of Federal Claims Number 03–2160V Court of Federal Claims Number 03– Number 03–2140V 442. Tammy Shelton on behalf of Alicia 2187V 462. Debra Dail on behalf of Jamisen 424. Sherly and Jerry York on behalf of Cathreena Moreno, Atlanta, Georgia, Dail, Boston, Massachusetts, Court of Destinee Joy York, Templeton, Court of Federal Claims Number 03– Federal Claims Number 03–2188V California, Court of Federal Claims 2161V 443. Karen Robinson on behalf of Kapri’ 463. Dawn Campbell on behalf of Levi Number 03–2141V Campbell, Boston, Massachusetts, 425. Sharon and Ronald Robinson on Al Hardwick, Atlanta, Georgia, Court of Federal Claims Number 03–2162V Court of Federal Claims Number 03– behalf of Trevor David Robinson, Blue 2189V Island, Illinois, Court of Federal 444. Lauri Hearon, Tulsa, Oklahoma, Court of Federal Claims Number 03– 464. Alan Paulmino on behalf of Erika Claims Number 03–2142V Paulmino, Jersey City, New Jersey, 426. Christy and Charles Daniels on 2163V 445. Christina Eubank on behalf of Court of Federal Claims Number 03– behalf of Zachary Charles Daniels, 2190V Steubenville, Ohio, Court of Federal Savannah Eubank, Vienna, Virginia, Court of Federal Claims Number 03– 465. Veronica Ramirez on behalf of Claims Number 03–2143V Jeremiah Ramirez, San Antonio, 427. Constance and Kevin Brewer on 2165V 446. Virginia and Kevin Blevins on Texas, Court of Federal Claims behalf of Olivia Hensley, Centerville, behalf of Matthew Blevins, Vienna, Number 03–2191V Ohio, Court of Federal Claims 466. Sandra Ortega King on behalf of Virginia, Court of Federal Claims Number 03–2144V Orlando King, McKinney, Texas, Number 03–2166V 428. Janine and Timothy O’Neill on Court of Federal Claims Number 03– 447. Mary Stein on behalf of Andrew behalf of Mitchell Patrick O’Neill, 2192V Stein, Houston, Texas, Court of Houston, Texas, Court of Federal 467. Lori Reed on behalf of Ryan Reed, Federal Claims Number 03–2167V Claims Number 03–2145V Weatherford, Texas, Court of Federal 448. Jonell and Jaykada McFadden on Claims Number 03–2193V 429. Nancy and Darrell Kennedy on behalf of Jonell McFadden III, behalf of Schuyler Kennedy, Atlanta, 468. Terri Eck on behalf of Adam Eck, Houston, Texas, Court of Federal Dallas, Texas, Court of Federal Claims Georgia, Court of Federal Claims Claims Number 03–2168V Number 03–2146V Number 03–2194V 449. Terry and Mark Kopec on behalf of 469. Vickie and Joseph Kavosh on 430. Latisha Dorsey on behalf of Enrica Andrew Kopec, Houston, Texas, Court Dorsey, Atlanta, Georgia, Court of behalf of Eyal Kavosh, Richardson, of Federal Claims Number 03–2169V Texas, Court of Federal Claims Federal Claims Number 03–2147V 450. Shelly Hume on behalf of Sean 431. Aliza and Jeopold Burton on behalf Number 03–2195V Hume, Houston, Texas, Court of 470. Maria and Manuel Zepeda on of Alea S. Burton, Atlanta, Georgia, Federal Claims Number 03–2170V Court of Federal Claims Number 03– behalf of Manuel Zepeda, Dallas, 451. Kelly and Peter Adams on behalf of Texas, Court of Federal Claims 2148V Roman Adams, Houston, Texas, Court Number 03–2196V 432. Valencia Hicks on behalf of Kieran of Federal Claims Number 03–2171V 471. Maria and Manuel Zepeda on Woodruff, Atlanta, Georgia, Court of 452. Ian Whimster on behalf of Flynn behalf of Marco Zepeda, Dallas, Federal Claims Number 03–2149V Whimster, Houston, Texas, Court of Texas, Court of Federal Claims 433. Latoya Staples on behalf of Diante Federal Claims Number 03–2172V Number 03–2197V Staples, Atlanta, Georgia, Court of 453. Krista and David Okrzesik on 472. Jesus Salinas on behalf of Christian Federal Claims Number 03–2150V behalf of Callan Dorothy Marie Salinas, McAllen, Texas, Court of 434. Ocipare and Markus McKinley on Okrzesik, Sturgis, Michigan, Court of Federal Claims Number 03–2198V behalf of Ca-Nefer Capira McKinley, Federal Claims Number 03–2177V 473. Amanda Saile on behalf of Atlanta, Georgia, Court of Federal 454. Elizabeth Jarvis on behalf of Elizabeth Saile, Lafayette, Louisiana, Claims Number 03–2151V Shannon Joy Jarvis, Lima, Ohio, Court Court of Federal Claims Number 03– 435. Victoria Lynn Oswalt-Hite on of Federal Claims Number 03–2178V 2199V behalf of Esabella Oswalt, Deceased, 455. Alicia Brown on behalf of Aleka 474. Joann and Guadalupe Vasquez on Atlanta, Georgia, Court of Federal Brown, Houston, Texas, Court of behalf of Guadalupe Vasquez, Jr., Claims Number 03–2153V Federal Claims Number 03–2179V Laredo, Texas, Court of Federal 436. Stanley Haley, Frederick, 456. Kim and Derek Robinson on behalf Claims Number 03–2200V Maryland, Court of Federal Claims of Derek Jordan Robinson, Bronx, 475. Carol and James Fitzpatrick on Number 03–2155V New York, Court of Federal Claims behalf of Kyle Joseph Fitzpatrick, New 437. Jessa and Keith Freeman on behalf Number 03–2180V York, New York, Court of Federal of Amy Freeman, Alexandria, 457. Allison Anderson on behalf of Gage Claims Number 03–2203V Virginia, Court of Federal Claims Alan Hixon, Houston, Texas, Court of 476. Konstanza and Ernest Walker on Number 03–2156V Federal Claims Number 03–2181V behalf of Tristan Walker, Atlanta,

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Georgia, Court of Federal Claims 496. Janelle Robbins-Paiz on behalf of Carrollton, Texas, Court of Federal Number 03–2204V Maguire Paiz, Boston, Massachusetts, Claims Number 03–2261V 477. Amanda and James Tingle on Court of Federal Claims Number 03– 516. Catherine and Adam Bertrand on behalf of Trevor Drake Tingle, 2238V behalf of Benjamin Cole Bertrand, Atlanta, Georgia, Court of Federal 497. Vickie and Jerry Barber on behalf Glendale, Arizona, Court of Federal Claims Number 03–2205V of Tyler Barber, Houston, Texas, Court Claims Number 03–2271V 478. Dawn Tooker on behalf of Kaitlin of Federal Claims Number 03–2239V Dated: February 13, 2004. Barnes, Bellingham, Washington, 498. Tonya Tippens on behalf of Ladai Elizabeth M. Duke, Court of Federal Claims Number 03– Dewan Tippens, Tyler, Texas, Court Administrator. 2207V of Federal Claims Number 03–2240V 479. Dayna Leigh Scott, Wichita, 499. Tresina Everett on behalf of [FR Doc. 04–3864 Filed 2–23–04; 8:45 am] Kansas, Court of Federal Claims Matthew Preston Stuckey, Tyler, BILLING CODE 4165–15–P Number 03–2211V Texas, Court of Federal Claims 480. Lindsey and Frank Ipsen on behalf Number 03–2241V of Alisha Ipsen, Brigham City, Utah, 500. David Thames on behalf of Allen DEPARTMENT OF HEALTH AND Court of Federal Claims Number 03– Ray Thames, Tyler, Texas, Court of HUMAN SERVICES 2213V Federal Claims Number 03–2242V Indian Health Service 481. Ellen Gourley on behalf of Adam 501. Trinda Shipp on behalf of Joshua Gourley, Boston, Massachusetts, Court David Shipp, Tyler, Texas, Court of Proposed Information Collection: of Federal Claims Number 03–2214V Federal Claims Number 03–2246V Request for Public Comment: 60-Day 482. Dana Woods on behalf of Jalen 502. Jane and Louis Rosko on behalf of Notice Birton, Boston, Massachusetts, Court Ryan Patrick Rosko, Kennesaw, of Federal Claims Number 03–2215V Georgia, Court of Federal Claims AGENCY: Indian Health Service, HHS. 483. Alicia Carter on behalf of Halie Number 03–2247V ACTION: Request for public comment: 60- Carter, Boston, Massachusetts, Court 503. Honah-Lee Banks on behalf of day proposed collection; IHS of Federal Claims Number 03–2216V Michael Travele Banks, Cleveland, Scholarship Program Application. 484. Jennifer Robinson on behalf of Ohio, Court of Federal Claims Rachel Robinson, Boston, Number 03–2248V SUMMARY: In compliance with section Massachusetts, Court of Federal 504. Audrey and Richard Grant on 3506(c)(2)(A) of the Paperwork Claims Number 03–2217V behalf of Andrew Grant, Dallas, Reduction Act of 1995, to provide a 60- 485. Sherri and Robert Crohan on behalf Texas, Court of Federal Claims day advance opportunity for public of Robert J. Crohan, II, Lincoln, Rhode Number 03–2249V comment on proposed information Island, Court of Federal Claims 505. Sarita and Eulin Matthews on collection projects, the Indian Health Number 03–2218V behalf of Coleman Matthews, Dallas, Service (IHS) is publishing for comment 486. William Morgan on behalf of Kyle Texas, Court of Federal Claims a summary of a proposed information Morgan, Dallas, Texas, Court of Number 03–2250V collection to be submitted to the Office Federal Claims Number 03–2219V 506. Karen and Wade Jameson on behalf of Management and Budget (OMB) for 487. Joell Williams on behalf of Caleb of James Jameson, Alexandria, review. Williams, Boston, Massachusetts, Virginia, Court of Federal Claims Proposed Collection: Title: 0917– Court of Federal Claims Number 03– Number 03–2251V 0006, ‘‘IHS Scholarship Program 2220V 507. Robert Veryzer, Pennsauken, New Application.’’ Type of Information 488. Bonnie and Donald Murphy on Jersey, Court of Federal Claims Collection Request: 3-year extension, behalf of Erin Shayleen Murphy, Number 03–2252V with change, additional forms required Olney, Maryland, Court of Federal 508. Rick McGee on behalf of Ross for application. Form Number(s): IHS– Claims Number 03–2223V McGee, Dallas, Texas, Court of 856, 856–2 through 8856–8, IHS–815, 489. Susan Walmsley, Bayshore, New Federal Claims Number 03–2253V IHS–816, IHS–817, IHS–818, D–02, F– York, Court of Federal Claims Number 509. Shawna and Greg Strban on behalf 02, F–04, G–02, G–04, H–07, H–08, J–04, 03–2226V of Raymond Garrett Strban, J–05, K–03, K–04, and L–03. Reporting 490. Sheila Wendt on behalf of Howard Washington, District of Columbia, formats are contained in an IHS Hunter Clark, Miami, Florida, Court of Court of Federal Claims Number 03– Scholarship Program application Federal Claims Number 03–2232V 2254V booklet. Need and Use of Information 491. Melanie Bash on behalf of Matthew 510. Nancy Bank on behalf of Kristoffer Collection: The IHS Scholarship Branch Bash, Lake Success, New York, Court Bank, Dallas, Texas, Court of Federal needs this information for program of Federal Claims Number 03–2233V Claims Number 03–2255V administration and uses the information 492. Tara and Richard Rogachefsky on 511. Denise Khan on behalf of Sarah to solicit, process and award IHS Pre- behalf of Benjamin Rogachefsky, New Khan, Minneapolis, Minnesota, Court graduate, Preparatory and/or Health York, New York, Court of Federal of Federal Claims Number 03–2256V Professions Scholarship grantees and Claims Number 03–2234V 512. Trena Smoot on behalf of Kylan monitor the academic performance of 493. Pamela Melson-Abele on behalf of Smoot, Natchez, Mississippi, Court of awardees, to place awardees at payback Jennifer Abele, Boston, Federal Claims Number 03–2257V sites, and for awardees to request Massachusetts, Court of Federal 513. April Counts on behalf of Jenna additional program. The IHS Claims Number 03–2235V Counts, Lima, Ohio, Court of Federal Scholarship Program is streamlining the 494. Pamela Melson-Abele on behalf of Claims Number 03–2259V application to reduce the time needed Melanie Abele, Boston, 514. Angelica and Jorge Gomez on by applicants to complete and provide Massachusetts, Court of Federal behalf of Adrienne Gomez, Dallas, the information and plans for using Claims Number 03–2236V Texas, Court of Federal Claims information technology to make the 495. Leslie Glaros on behalf of Andrea Number 03–2260V application electronically available on Glaros, Boston, Massachusetts, Court 515. Theresa and Joseph Counter on the internet. Affected Public: of Federal Claims Number 03–2237V behalf of Joseph Alexander Counter, Individuals, not-for-profit institutions

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and State, local or Tribal Government. The table below provides: Types of number of responses, Average burden Type of Respondents: Students pursuing data collection instruments, Estimated hour per response, and Total annual health care professions. number of respondents, Number of burden hour(s). responses per respondent, Annual

Responses Data collection instrument(s) Number of re- per respond- Total annual Burden hour per Annual burden spondents ent response response* hours

Scholarship Application (IHS–856) ...... 1,500 1 1,500 1.00 (60 min) .... 1,500 Checklist (856–2) ...... 1,500 1 1,500 0.13 (8 min) ...... 195 Course Verification (856–3) ...... 1,500 1 1,500 0.70 (42 min) .... 1,050 Faculty/Employer Application (856–4) ...... 1,500 2 3,000 0.83 (50 min) .... 2,490 Justification (856–5) ...... 1,500 1 1,500 0.75 (45 min) .... 1,125 Federal Debt (856–6) ...... 1,500 1 1,500 0.13 (8 min) ...... 195 MPH only (856–7) ...... 25 1 25 0.83 (50 min) .... 21 Accept/Decline (856–8) ...... 650 1 650 0.13 (8 min) ...... 84 Receipt of Application (815) ...... 1,500 1 1,500 0.03 (2 min) ...... 45 Address Change Notice (816) ...... 25 1 25 0.02 (1 min) ...... 25 Scholarship Program Agreement (817) ...... 850 1 850 0.05 (3 min) ...... 43 Stipend Checks (D–02) ...... 100 1 100 0.13 (8 min) ...... 13 Enrollment (F–02) ...... 1,300 1 1,300 0.13 (8 min) ...... 169 Academic Problem/Change (F–04) ...... 50 1 50 0.13 (8 min) ...... 6 Request Assistance (G–02) ...... 217 1 217 0.13 (8 min) ...... 28 Summer School (G–04) ...... 193 1 193 0.10 (6 min) ...... 19 Health Professions Contract (818) ...... 850 1 850 0.05 (3 min) ...... 33 Placement (H–07) ...... 250 1 250 0.18 (11 min) .... 45 Graduation (H–08) ...... 250 1 250 0.17 (10 min) .... 43 Site Preference (J–04) ...... 150 1 150 0.13 (8 min) ...... 20 Travel Reimb (J–05) ...... 150 1 150 0.10 (6 min) ...... 15 Status Report (K–03) ...... 250 1 250 0.25 (15 min) .... 63 Preferred Assignment (K–04) ...... 200 1 200 0.75 (45 min) .... 150 Request of Deferment (L–03) ...... 20 1 20 0.13 (8 min) ...... 3

Total ...... 15,830 ...... 7,380 * For ease of understanding, burden hours are also provided in actual minutes.

There are no Capital Costs, Operating Twinbrook Parkway, Suite 450, Overview Costs and/or Maintenance Costs to Rockville, MD 20852-1610: call non-toll The Indian Health Service (IHS), with report. free (301) 443–5938, send via facsimile the National Institute of General Request for Comments: Your written to (301) 443–2316, or send your e-mail Medical Sciences (NIGMS) of the comments and/or suggestions are requests, comments and return address National Institutes of Health, and the invited on one or more of the following to: [email protected]. Agency for Healthcare Research and points: (a) Whether the information Comment Due Date: Your comments Quality (AHRQ) announces an initiative collection activity is necessary to carry regarding this information collection are to support the Native American out an agency function; (b) whether the best assured of having their full effect if Research Centers for Health (NARCH) agency processes the information received within 60 days of the date of grant. This funding mechanism will collected in a useful and timely fashion; this publication. develop opportunities for conducting (c) the accuracy of public burden research and research training to meet Dated: February 17, 2004. estimate (the estimated amount of time the needs of American Indian/Alaska needed for individual respondents to Michel Lincoln, Native (AI/AN) communities. provide the requested information); (d) Deputy Director, Indian Health Service. Competing grant applications for Fiscal whether the methodology and [FR Doc. 04–3866 Filed 2–23–04; 8:45 am] Year (FY) 2005 will be accepted with a assumptions used to determine the BILLING CODE 4160–16–M receipt date of June 18, 2004. There will estimate are logical; (e) ways to enhance be only one funding cycle for FY 2005. the quality, utility, and clarity of the Awards will be subject to the information being collected; and (f) DEPARTMENT OF HEALTH AND availability of funds and grants will be ways to minimize the public burden HUMAN SERVICES administered in accordance with through the use of automated, applicable Office of Management and electronic, mechanical, or other Indian Health Service Budget (OMB) Circulars, Department of technological collection techniques or Health and Human Services grant other forms of information technology. [CFDA Number: 93.933] regulations at 45 CFR parts 74 and 92, Send Comments and Requests For the Public Health Service Grants Policy Further Information: Send your written Native American Research Centers for Statement, and other applicable comments, requests for more Health; New Request for Application of Departmental, IHS, AHRQ and NIH information on the proposed collection, Funds policies and procedures such as the or requests to obtain a copy of the data regulations governing protection of collection instrument(s) and Key Dates: Letter of Intent Deadline: human subjects at 45 CFR part 46. instructions to: Ms. Chris Ingersoll, IHS May 1, 2004; Application Deadline: June This initiative is described in the Reports Clearance Officer, 12300 18, 2004. Catalog of Federal Domestic Assistance

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Nos. 93.933 and 93–375. Sections 301(a) development projects, and research D. A consortium of two or more of and 405 of the Public Health Service projects (including pilot projects) those Tribes, Tribal organizations, or Act, as amended authorize these developed by each NARCH partnership. health boards. awards, and these are administered Applicants are strongly encouraged to II. Award Information under PHS grants policies and Federal establish eligibility of their proposed Regulations 42 CFR part 52c, 45 CFR The estimated funds (total costs) applications prior to submission. part 74, and 45 CFR part 92. See also available for the first year of support for Inquiries about eligibility should be Senate Appropriations Committee the entire initiative is expected to be addressed to Phillip L. Smith, M.D., Report, No. 92–316, July 29, 1971, over $ 2.2 million in Fiscal Year 2005. M.P.H., at (301) 443–0222. Executive Order 12900, Educational The actual amount may vary, depending 2. Cost Sharing or Matching Excellence for Hispanic Americans on the response to the RFA and February 22, 1994, Executive Order availability of funds. The proposed NARCH must have: 12876, Historically Black Colleges and An application may request a project A. A Community and Scientific Universities, November 1, 1993, and period not to exceed four years of Advisory Council with more than 50 Executive Order 13021, October 21, support, and direct costs not to exceed percent of its membership being 1996, and Outline of Work Plan, August $800,000 in the first year. Direct costs to appointed by the AI/AN applicant. B. The proposed NARCH may include 18, 1998, White House Initiative on the applicant include the entire cost of additional affiliated organizations, e.g., Tribal Colleges and Universities. each subcontract—that is, each Tribal colleges, additional colleges or Applications are not subject to the subcontract’s direct cost plus the universities, additional Tribes, or other intergovernmental review requirements subcontract’s appropriate Facilities and Indian communities or organizations. of Executive Order 12372 or Health Administration (F&A) cost. Because it is NARCH applicants are encouraged to Systems Agency review. anticipated that all budget requests will have an affiliation with an applicable The PHS strongly encourages all grant exceed $250,000, the modular grant component of the IHS for technical and and contract recipients to provide a requirements would not apply to this other in-kind support, such as linking smoke-free workplace and promote the RFA. A minimum of 30 percent of the data from IHS and others to understand non-use of all tobacco products. In grant funds must remain with the better the health status of the involved addition, Public Law 103–227, the Pro- applicant organization. Tribes or communities. Children Act of 1994, prohibits smoking Awards under this initiative will be in certain facilities (or in some cases, administered using the competing 3. Other (Required) any portion of a facility) in which institutional grant mechanism of the regular or routine education, library, A. The Research-Intensive Partner IHS, and will be reviewed using the NIH must: be an accredited public or private day care, health care or early childhood S06 mechanism. The responsibility for development services are provided to nonprofit university or other institution planning, directing, and executing the that has an established record of children. This is consistent with the program, as well as data acquisition and PHS mission to protect and advance the conducting research into the health analysis and evaluation of the proposed problems of AI/AN; have demonstrated physical and mental health of the program, lies solely with the applicant American people. a commitment to enhancing the organization. The maximum grant capability of AI/AN faculty/researchers, I. Funding Opportunity Description period may not exceed four years, with students, investigators, and The NARCH initiative will support the opportunity for a competing renewal communities to engage in biomedical, partnerships between AI/AN Tribes or at the end of that period. behavioral, clinical and health services Tribally-based organizations such as the III. Eligibility Information research; and have demonstrated a National Indian Health Board and Area commitment to mentoring AI/AN The proposed NARCH must be a Health Boards, and institutions that faculty/researchers, students, and working partnership of the AI/AN conduct intensive academic-level investigators. organization and of the research- biomedical, behavioral and health B. Principal Investigator: The intensive institution. Applicants eligible services research. These partnerships Principal Investigator, the individual to receive a NARCH award are the AI/ are called Native American Research responsible for the administration AN organizations of the partnerships. Centers for Health (NARCH). The (including fiscal management) of the As the grantee, the AI/AN organizations purposes of the NARCH initiative are: overall project, must have his/her 1. To develop a cadre of AI/AN will define criteria and eligibility for primary appointment with the AI/AN scientists and health professionals participation in all aspects of the applicant organization. Special engaged in biomedical, clinical, partnership, consistent with this arrangements of employment, such as behavioral and health services research announcement. A minimum of 30 inter-organizational personnel who will be competitive in securing percent of the grant funds must remain agreements, are permissible. The NIH and AHRQ funding; with that AI/AN organization, that is, no Principal Investigator may be, but is not 2. To increase the capacity of both more than 70 percent may be required to be, the NARCH Program research-intensive institutions and AI/ subcontracted to other institutions or Director or a Research Project AN organizations to work in partnership organizations. Investigator. to reduce distrust by AI/AN 1. Eligible Applicants C. NARCH Program Director: The communities and people toward NARCH Program Director is the research; and The AI/AN applicant must be one of individual responsible for the day-to- 3. To encourage competitive research the following: day leadership and management of the linked to the health priorities of the AI/ A. A federally recognized Indian research and training programs within AN organizations and to reducing health Tribe; or the proposed NARCH. The Program disparities. B. A Tribally sanctioned non-profit Director may be, but is not required to These purposes will be achieved by Tribal organization; or be, the Student and Faculty/Researcher supporting student development C. A non-profit national or area Indian Development Director or a Research projects, faculty/researchers health board; or Project Investigator.

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D. Student and Faculty/Researcher must include resolutions of support • To increase the capacity of both Development Director and Participants: from all participating Tribes. research-intensive institutions and AI/ The NARCH initiative is an institutional • For an eligible consortium of Tribes— AN organizations to work in partnership developmental grant mechanism that a resolution of support from each to reduce distrust by AI/AN places an emphasis on the continual Tribe of the consortium must be communities and people toward development of students and faculty/ included. research; and researchers. In order to be included as • For a Tribally sanctioned non-profit • To encourage competitive research the Student and Faculty Development Tribal organization—specific Tribal linked to the health priorities of the AI/ Director, the prospective director must resolution(s) of support will not be AN partner and to reducing health have a faculty/researcher appointment required if the current Tribal disparities. at the research-intensive institution or resolution(s) under which the B. A proposed NARCH, therefore, may equivalent appointment at the AI/AN organization operates encompasses include any or all of the following organization or other consortium the proposed application. (A copy of components: student development partner, and must demonstrate that he/ the current operational resolution(s) projects; faculty/researcher she has the knowledge, skills, and must be submitted with the development projects; research projects capabilities to mentor students and application.) An official signed (including pilot projects); and ‘‘core’’ faculty/researchers and to generate and resolution must be received by the administrative facility. direct development and mentoring Grants Management Branch, IHS, no C. The content of the application programs. The Student and Faculty later than June 18, 2004 at the Reyes should explain the components of the Development Director may be the Building, 801 Thompson Avenue, application, and how they help meet the NARCH Program Director. Faculty/ Rockville, MD 20852–1627. A grant purposes of the NARCH initiative. researchers and students should be will not be awarded unless the signed • A description should be provided of supported in research education resolution is received by this date. the current state of the research and activities that improve their skills and • For a non-profit national or area research training enterprise at the abilities to be successful at the next Indian health board, or a consortium proposed NARCH and its institutional stage of their professional development. of those eligible Indian health and community partners, including To be included as a participant for boards—a resolution is not required. faculty/researcher and student faculty/researcher development in the However, the applicant organization profiles. proposed NARCH, the individual must must submit a letter of support signed • A clear statement should be presented have a faculty/researcher appointment by the executive director of each of the overall goals, specific at the research-intensive institution or health board involved, specifically measurable objectives, and equivalent appointment at the AI/AN citing the research project proposed. anticipated milestones. These organization or other consortium Each AI/AN organization that derives elements should be presented in the partner. benefit from the grant must also context of needed improvements in E. Research Project Investigators: The submit such a letter. the partners’ organizational NARCH initiative is an institutional G. Mechanism of Support: Awards infrastructure and environment for developmental grant mechanism that under this initiative will be research. places an emphasis on continual administered using the competing • Documentation should be provided to improvement of the research institutional grant mechanism of the establish that the research-intensive competitiveness of the research IHS, and will be reviewed using the NIH partner is an institution with a record investigators. In order to be included as S06 mechanism. The responsibility for of conducting research into the health a research project investigator in the planning, directing, and executing the of AI/ANs, and that it has a proposed NARCH, a prospective program, as well as data acquisition and demonstrated commitment to the investigator must have a faculty analysis and evaluation of the proposed special encouragement of, and appointment at the research-intensive program, lies solely with the applicant assistance to, AI/AN faculty/ institution or equivalent appointment at organization. The maximum grant researchers, students, investigators, the AI/AN organization or other period may not exceed four years, with and communities for enhancing their consortium partner, and must show that the opportunity for a competing renewal capacity to engage in biomedical, he/she has the need, based on at the end of that period. behavioral and health services institutional, departmental, and research. professional development plans, to IV. Application and Submission • Documentation about the nature of enhance his/her research knowledge, Information the partnership itself should be skills, and capabilities by engaging in 1. Address To Request Application included, such as: the process to the proposed research program and Package develop the application and proposed associated activities. NARCH itself, the past and future NARCH Program Director, efforts to increase the capacity of the F. Tribal Approval of the Application: 801 Reyes Building, TMP Suite 450, partners to improve their partnership, It is the policy of the IHS that all Rockville, MD 20852. and to contribute to the success of the research involving AI/AN Tribes be NARCH. approved by the Tribal governments 2. Content and Form of Application • A plan for assessment of the benefits with jurisdiction. Therefore, the Submission of the activities by the proposed following documentation is required as A. The purposes of the NARCH NARCH on specific, measurable part of the application: initiative must include: outcomes identified in the application • For a federally recognized Indian • To develop a cadre of AI/AN should be provided. IHS and NIGMS Tribe—a resolution of support from scientists and health professionals recognize that Tribes, Tribally-based the Tribal government must be part of engaged in biomedical, clinical, organizations, and research-intensive the application. Applications that behavioral and health services research institutions are diverse in their involve more than one Indian Tribe that is competitive to NIH funding; missions, their health and economic

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statuses, and their cultures. Such an until the next round. It is significantly The application must have an assessment could include a self-study faster to obtain one by phone. evaluation plan for the project(s) that by the proposed NARCH and its You will need the following indicates the anticipated outcomes partners, which focuses on fact- information to request a DUNS number: relative to the current baseline data. For finding, program evaluation, and • Organization name example, one outcome might be the recommendations for improvement in • Organization address improved retention of students in key areas. • Organization telephone number science majors. The application should • Strategies for determining the initial • Name of CEO, Executive Director, indicate the anticipated (quantitative) and ongoing success of their efforts President, etc. (The person in charge) improvement relative to the current for organizational development • Legal structure of the organization retention rate. should also be presented. It is • Year organization started A student in a NARCH Student expected that each proposed NARCH • Primary business (activity) line Development Project must be a full-time will develop its own set of strategies • Total number of employees. or part-time student officially enrolled that best match its circumstances. D. The RFA label available at http:// in an educational program leading to an undergraduate or graduate degree, or in Guidance and suggestions for program grants1.nih.gov/grants/funding/phs398/ a post-doctoral educational program, or evaluation of a proposed NARCH can be label-bk.pdf in the PDF format, must be (if well justified) in late high school. A obtained from http://www.the-aps.org/ affixed to the bottom-face page of the helpful book about mentoring science education/promote/promote.html. application. Type this RFA number: students is found at http:// ‘‘NOT GM–04–107’’ on the label. Failure Applicants are strongly urged to books.nap.edu/catalog/5789.html. contact NARCH initiative staff at an to use this label could delay processing F. Faculty/Researcher Development early stage to request the specific the application and it may not reach the Projects: If faculty/researcher supplementary instructions for the PHS review committee in time for review. In development projects are proposed, the 398 for the NARCH grants. Application addition, the ‘‘Native American NARCH application should describe the kits and supplementary instructions Research Centers for Health’’ and the need, proposed activity, and anticipated may be obtained from the initiative RFA number must be typed on line 2 of outcomes. Faculty/researcher contacts listed under VII. Agency the face page of the application form development projects might include, but Contacts. and the YES box must be marked. are not limited to, short-term mentored E. Student Development Projects: If • The PHS 398 (updated 9/09/03) research experiences in the lab of an student development projects are research grant application active NIH-extramurally-funded proposed, the NARCH application instructions and forms at http:// researcher with an explicit mentoring should describe new programs, grants.nih.gov/grants/funding/ plan, long-term general mentoring under modifications, or additions, to existing phs398/phs398.html are to be used an explicit mentoring plan, or programs of the partners that encourage in applying for these grants. This attendance at workshops or courses or and facilitate AI/AN students to enter, version of the PHS 398 is available national meetings needed for acquiring advance, and remain in research careers. in an interactive, searchable, PDF specific skills or methodologies needed Such projects might include, but are not format. The NIH will return for prospective research. limited to, providing employment as applications that are not submitted As with student development research assistants in research projects in the 09/09/03 updated format. For projects, the application should of research-active mentors with an further assistance contact Grants document the experience, proposed explicit mentoring plan, providing other Info, telephone (301) 435–0714, e- commitment, and quality of the mentoring with an explicit mentoring mail: [email protected]. mentors, teachers, or experience in plan, providing workshops to improve • ‘‘DUNS’’ number providing guidance and advice to technical or communication skills, faculty/researcher, and in fostering the Applications must be prepared using providing motivating seminars or development of academic and the PHS 398 research grant application journal clubs highlighting problems of community-based AI/AN research. instructions and forms (updated 09/09/ interest to students, providing contact The application must also describe 03). As of October 1, 2003, applications with role models, and providing the evaluation plan for the faculty/ must have a Dun and Bradstreet (D&B) opportunities to travel to present results researcher development project. Data Universal Numbering System at national scientific meetings. The application must clearly describe (DUNS) number as the Universal If research mentorships or how the development plans for faculty/ Identifier when applying for Federal apprenticeships are proposed, the researcher will meet both the grants or cooperative agreements. The application should clearly document the individual’s professional development DUNS number can be obtained by experience, proposed commitment, and goals, and two purposes of the NARCH calling (866) 705–5711 or through the quality of the mentors in providing initiative: to develop a cadre of AI/AN Web site at http:// guidance and advice to students scientists and health professionals, and www.dunandbradstreet.com/. The (including responsible conduct of to enhance the partnership of the DUNS number should be entered on research and research integrity, proposed NARCH. line 11 of the face page of the PHS 398 teaching, and protection of human G. Research Projects: NARCH form. The PHS 398 document is subjects), and in fostering the applications may include a maximum of available at http://grants.nih.gov/grants/ development of academic and/or five (5) regular research projects and a funding/phs398/phs398.html in an community-based AI/AN researchers. maximum of five (5) pilot research interactive format. For further assistance The application should describe how projects. Unlike regular research contact Grants Info, Telephone (301) the development plans for the student projects, a pilot research project is 435–0714, e-mail: [email protected]. will meet both the individual’s limited in scope and is not expected to Internet applications for a DUNS professional development goals, and have preliminary data. It is also limited number can take up to 30 days and this one purpose of the NARCH initiative: to to a budget of no more than $50,000 could cause organizations to lose develop a cadre of AI/AN scientists and direct costs per year for four years. The opportunities to apply, or delay them health professionals. pilot research project is intended for

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faculty/researchers without current from the Tribal government[s], or (if introduction addressing the previous research support. Support for faculty/ applicable) a letter of support signed by critique. researchers participating in pilot the director of the eligible AI/AN 4. Intergovernmental Review research projects is preparatory to organization, or both (if applicable) for seeking more substantial funding from projects that involve people or This funding opportunity is not NIH research grant programs (e.g., community[ies] of an AI/AN Tribe, or subject to Executive Order 12372, Academic Research Enhancement an eligible non-profit organization. ‘‘Intergovernmental Review of Federal Award [AREA], K, and R01 awards), as Programs.’’ A State approval is not well as funding from other agencies and 3. Submission Dates and Times required. private sources. Funds received from A. Letter of Intent Deadline: May 1, 5. Funding Restrictions the proposed NARCH to support pilot 2004. Grantees are allowed a reasonable research projects may not be used to Prospective applicants are asked to period of time in which to submit supplement ongoing research projects. submit a letter of intent that includes required financial and performance A NARCH application need not include the title of the proposed NARCH, the reports. both research projects and pilot research name, address, and telephone number of projects. Applications for only pilot Failure to submit required reports the Principal Investigator and its within the time allowed may result in research projects or for only research Program Director, the identities of the projects may be submitted. Individual suspension or termination of an active partners and of key personnel, and the grant, withholding of additional awards project investigators may propose either number and title of this RFA. The letter a research project or a pilot research for the project, or other enforcement of intent must be received by Dr. actions such as withholding of project, but not both. Michael R. Martin at the Center for Research projects (including pilot payments or converting to the Scientific Review, MSC 7892, Room reimbursement method of payment. research projects) proposed under this 6160, 6701 Rockledge Drive, Bethesda, initiative must be in research areas Continued failure to submit required MD 20892–7892, telephone: (301) 594– reports may result in the imposition of normally funded by any of the National 7945, Fax: (301) 480–2065, e-mail: Institutes of Health or the Agency for special award provisions, or cause other [email protected], before 6 p.m. EST on eligible projects or activities involving Healthcare Research and Quality May 1, 2004. Letters may be submitted (AHRQ). Research projects addressing that grantee organization, or the by mail, fax or e-mail. individual responsible for the health disparities and the health Although a letter of intent is not priorities of the AI/AN partner are delinquency to not be funded. required, is not binding, and does not Failure to obtain prior approval for especially encouraged. enter into the review of a subsequent A listing of grants recently funded by change in Scope, Principal Investigator, application, the information that it NIH may be found at CRISP (Computer Grantee Institutions, Successor in contains allows the IHS and NIH Center Retrieval of Information on Scientific Interest, or Recipient Institute Name, for Scientific Review (CSR) staffs to Projects), a searchable database of undertaking any activities disapproved estimate the potential review workload federally funded biomedical research or restricted as a condition of the award, and avoid conflict of interest in the projects conducted at universities, may result in fund restrictions. review. hospitals, and other research Allowable Administrative Cost institutions. It may be accessed at B. Application and Resolution (http:/crisp.cit.nih.gov/). Grants funded Deadline: June 18, 2004. Certain administrative costs for by AHRQ can also be found on CRISP The applications must be received managing a comprehensive program are as well as on GOLD (Grants On-Line before 6 p.m. EST on June 18, 2004. If allowable and may vary, depending Database) which can be found at an application is received after that upon the size and complexity of the (http://www.gold.ahrq.gov/). date, it will be returned to the applicant program’s activities. The costs budgeted Each research project or pilot research without review. To be considered for NARCH grants and subcontracts may project should follow the instructions timely, an application must be sent on not duplicate items already budgeted in provided in PHS 398 (updated 09/09/ or before the deadline date. If sent other cost centers of the AI/AN, 03) for preparing research grant timely (with documented proof of research-intensive, and subcontracted applications. The professional mailing) but received after the deadline, organizations and institutions, such as development goals must clearly describe an application will be accepted for accounts which make up the Facilities specific objectives and milestones review only if it is received in time for and Administration (F&A) cost pool. which should include, but are not orderly processing. Competing The grantee organization receiving the limited to, improving competitiveness applications not meeting the deadline award must be prepared to provide in acquiring grant support. The date specified in the announcement are documentation showing the direct applicant should describe how considered late applications and will relationship of proposed costs to the successful completion of the proposed not be considered for funding under that program, and that costs of this type are research project will improve the announcement. charged in a uniform manner to all other research skills, and will help develop The Center for Scientific Review grants at all institutions and the students and faculty/researcher, (CSR) will not accept any application in organizations participating in the award. thus contributing to the overall goals response to this RFA that is essentially • Salary (up to 25 percent effort, and specific measurable objectives of the same as one currently pending although it should generally be less) the proposed NARCH. initial review, unless the applicant for the NARCH Program Director is Each research project or pilot research withdraws the pending application. The allowable for that portion of time or project must follow the IHS policy CSR will not accept any application that effort specifically employed in concerning Tribal approval, that all is essentially the same as one already directing the proposed NARCH. (The research involving AI/AN Tribes be reviewed. This does not preclude the 25 percent limit does not include approved by the Tribal governments submission of substantial revisions of salary for being a research with jurisdiction. That is, each grantee applications already reviewed, but such investigator.) Limited salary support must include a resolution of approval applications must include an for secretarial or clerical help is

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allowable only when in direct support assistance under the Veterans’ as part of each research project. of the proposed NARCH. For Adjustment Benefit Act or Pell Grants) Personnel costs to maintain and guidance, applicants should refer to for which they are eligible. Graduate service the equipment are an the OMB Circular appropriate for and post-doctoral students cannot allowable cost. Support for very large them, A–87 (Cost Principles for State, concurrently hold another federally- pieces of equipment, however, may be local, and Indian Tribal sponsored stipend or fellowship or any restricted by the NARCH budget. Governments), at http:// other federal award that duplicates the Plans to maintain the shared core www.whitehouse.gov/omb/circulars or NARCH support. scientific services and facility beyond A–122 (Cost Principles for Non-Profit • Faculty/Researcher Development the grant period should be discussed. Organizations), http:// Costs. Costs to support faculty/ • Cost for Supplies. Costs for supplies, www.whitehouse.gov/omb/circulars, researcher development activities, including costs for animals, necessary or should contact the grants such as workshops or courses, to carry out the proposed research management officer under national meetings, or short-term may be included. Travel costs for the INQUIRIES. research experiences in the laboratory investigator(s) are permitted when • Costs for evaluation activities are of an active NIH-extramurally-funded direct benefits to the program are allowable, as are costs for the researcher needed for acquiring expected, and when adequate Community and Scientific Advisory specific skills or methodologies justification is provided. Alterations Council. All applications must needed for prospective research, are and Renovations costs (up to $40,000) include costs associated with one allowable. Such costs might include are allowable only when essential for annual meeting per year in Rockville, tuition, travel and per diem costs, as conduct of the proposed research. MD, of NARCH directors and their well as salary support appropriate to Other permitted costs include animal key scientific personnel. the percent effort needed for the maintenance (unit care costs and • Student Development Costs. Student activity. Also, allowable are costs number of care days), donor fees, (graduate, undergraduate, and high such as travel and per diem associated publication costs, computer charges, school, if well justified) remuneration with short-term research experiences rentals and leases, equipment through salary/wages for participation in the laboratory of an active maintenance, and service contracts. in research experiences may be extramurally funded researcher. • Consortium and Contract requested, provided all the following • Research Project Costs. Direct costs Arrangements. Consortium conditions are met: associated with research and pilot arrangements that may involve • The student is performing necessary research projects are allowable when personnel costs, supplies, and other work involved in the research. adequate justification is provided. allowable costs, including F & A • There is an employer-employee These include faculty/researcher costs; contractual costs for support relationship between the student salaries, reimbursed according to services, such as the laboratory testing and the proposed NARCH or its percent effort. Summer salary support of biological materials, clinical partners. The total compensation is can be paid provided the institution’s services, data processing, or core reasonable for the work performed. academic schedule permits such administrative services, are allowable • It is the practice of the proposed release and when the institution expenses. Consortia and contractual NARCH or its partners to provide approves. The maximum summer- costs with Native health compensation for all students in salary support provided by the organizations, tribes and/or research similar circumstances, regardless of program cannot exceed the equivalent institutions in Canada are allowable the source of support for the of three months at 100 percent effort, expenses. activity. or time specified by the institution as • Pilot Research Projects. The intent of Graduate students, but not its policy. Grant funds may not be pilot research projects is to lead to undergraduate students, are allowed used to increase or supplement regular research projects funded as tuition costs as part of a compensation faculty/researcher academic year part of the center grant or as package. When requesting support for a salaries. Salary support for technical freestanding grants. For pilot research graduate student, the NARCH assistance and costs for consultants, if projects, applications may request application should provide, in the justified, are allowable. Costs for support for up to $50,000 (direct budget justification section of the equipment to be used to carry out the costs) per year. This support is non- application, the basis for the proposed research are allowable. renewable. compensation level. The IHS staff will • Costs for Core Scientific Services. • Subcontracts. The grant recipient may review the requested compensation Costs for core scientific services to issue subcontracts to other level and, if it is reasonable and support two or more projects are organizations (such as the research- justified, will provide compensation up allowable. Costs for multi-user intensive institution of the to a maximum of $45,000 (http:// research equipment are also partnership), as long as at least 30 grants.nih.gov/grants/guide/notice-files/ allowable. A plan for access to the percent of the grant remains with the not98–168.html). Post-doctoral students multi-user equipment, its AI/AN organization; that is, no more should be compensated at a rate maintenance, management and use than 70 percent may be commensurate with that of other post- must be included. To aid in the subcontracted. doctoral employees with similar degrees review, it is suggested that a tabular F. Unallowable Costs: Unallowable and experience at the research-intensive summary show the estimated or costs for research projects (including for institution. actual proportional use of this pilots projects) include costs for student It is the expectation of the IHS, equipment by each project, and other development, textbooks, journals, NIGMS and AHRQ that students who investigators and students. Justify this memberships, and Internet subscription are enrolled in an accredited graduate core component by discussing ways costs, as well as other costs prohibited program, as part of a proposed NARCH, in which these centralized services by OMB Circulars A–87 or A–122 as will not be excluded from support from improve quality, bring about an applicable. Employees of the applicant other non-federal or federal graduate economy of effort, and/or save overall organization may not serve as paid training sources (such as loans and costs as compared to their inclusion consultants but may be paid.

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The pilot research project is intended likelihood that the proposed NARCH health disparities in the AI/AN for faculty/researcher without current can further the purposes of the NARCH population. research support. Therefore, initiative. Awards will be made only to In the written comments, reviewers investigators with significant current organizations with financial will be asked to discuss the following support from other mechanisms such as management systems and management aspects of the application in order to the R01 and research funding from other capabilities that are acceptable under judge the likelihood that the proposed extramural sources are not eligible, and PHS policy. Awards will be research will have a substantial impact the costs therefore are not allowable. administered under the PHS Grants on the pursuit of these purposes. Each Release time for preparing proposals or Policy Statement. of these criteria will be addressed and mini-research projects, not submitted, as 2. Review and Selection Process considered in assigning the overall pilot projects, is not allowed. score, weighting them as appropriate for A. Review of Student and Faculty/ 6. Other Submission Requirement each application. Researcher Development Plans: The • Significance: Does this study address The administrative personnel, anticipated effectiveness of the an important problem? If the aims of facilities, and programs of the overall proposed NARCH in making a the application are achieved, how will NARCH should be described. It is difference relative to the current base- scientific knowledge be advanced? permissible, but not necessary to have a line data (based in part on previous What will be the effect of these set of core support programs that experience of the partners) will be studies on the concepts or methods provide common scientific services to assessed. Factors to be considered that drive this field? two or more NARCH projects. include: • Approach: Are the conceptual Submit a typed and signed original • The appropriateness of the content, framework, design, methods, and application, including the Checklist, phasing, quality, and duration of the analyses adequately developed, well- and one (1) single-sided photocopy of student or faculty/researcher integrated, and appropriate to the the entire application (including development plans in the NARCH aims of the project? Does the Appendices and supporting documents) application to achieve the scientific application acknowledge potential in one package to: Grants Management development of the faculty/ problem areas and consider Branch, Indian Health Service, Reyes researcher, post-doctoral, pre- alternative tactics? For pilot research Building, 801 Thompson Avenue, doctoral, undergraduate, and (if well projects, are the proposed aims Rockville, MD 20852–1627 (zip code is justified) high school students; and reasonable, and is there potential to unchanged for express/courier services), • The experience, proposed lead to more substantial funding? Telephone: (301) 443–5204. commitment, and quality of the • Innovation: Does the project employ Also, at the time of submission, send mentoring plan and of individual novel concepts, approaches, or four (4) additional single-sided mentors of the partners in providing methods? Are the aims original and photocopied and signed applications, mentoring, guidance, and advice to innovative? Does the project challenge including the Checklist, Appendices, candidates (including training in existing paradigms or develop new and supporting documentation to: responsible conduct of research and methodologies or technologies? Center for Scientific Review, National research integrity, teaching, and • Investigator: Is the investigator Institutes of Health, 6701 Rockledge protection of human subjects), and in appropriately trained and well suited Drive, Room 6160—MSC 7892, fostering the development of to carry out this work? Is the work Bethesda, MD 20892–7720, Bethesda, academic and community-based AI/ proposed appropriate to the MD 20817 (for express or courier AN researchers. experience level of the principal service). Telephone: (301) 594–7945. B. Review of Research Projects: The investigator and other researchers (if V. Application Review Information NIH has announced procedures to be any)? • Upon receipt, IHS and NIH staff will used for the review of research grant Environment: Does the scientific administratively review applications for applications (NIH Guide, Volume 26, environment in which the work will completeness and responsiveness. Number 22, June 27, 1997 or see be done contribute to the probability Applications that are incomplete, non- http://grants.nih.gov/grants/guide/ of success? Do the proposed responsive to this RFA, or do not follow notice-files/not97–010.html). For experiments take advantage of unique the guidelines of the PHS form 398 NARCH applications, the five criteria features of the scientific environment (updated 09/09/03) or of the listed in this announcement will be or employ useful collaborative supplementary instructions for NARCH used for the scientific review of research arrangements? Is there evidence of grants, will be returned to the applicant projects and pilot research projects. The institutional support? without further consideration. review of research projects and pilot In addition to the above criteria, in Applications will be evaluated in research projects will be the same accordance with NIH policy, all accordance with the criteria stated except that applications for pilot studies applications will also be reviewed with below for scientific and technical merit may be smaller in scope and would not respect to the following: by appropriate peer review groups be expected to have preliminary data. • The adequacy of plans, if research on convened by the CSR. The National The purposes of the NARCH initiative human subjects is involved, to Advisory General Medical Sciences are: include both genders and children as Council will conduct the second level of • To develop a cadre of AI/AN appropriate for the scientific goals of review. scientists and health professionals the research. Plans for the recruitment engaged in biomedical, behavioral and retention of subjects will also be 1. Criteria and health services research; evaluated. Priorities for funding will be based on • To increase the formation of • The reasonableness of the proposed the scientific and technical merit of the partnerships between AI/AN and budget and duration in relation to the application, the assessed potential of research-intensive institutions; and proposed research. investigators in the developmental • To encourage competitive research • The adequacy of the proposed stages of their careers, and the that address the health priorities and protection for humans, animals or the

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environment, to the extent they may careers from undergraduate (or if well http://grants1.nih.gov/grants/funding/ be adversely affected by the project justified, high school) through post- women_min/ proposed in the application. doctoral levels; attainment of quality guidelines_amended_10_2001.htm. The • The adequacy of the proposed plan to research linked to health priorities of revisions relate to NIH defined Phase III share data, if appropriate. the AI/AN partner and to reducing clinical trials and require: In reviewing the overall Center, the health disparities; plans for research • All applications or proposals and/or initial scientific review group will information dissemination and protocols to provide a description of examine evidence of the partners’ education activities; and plans for the plans to conduct analyses, as commitment to the purposes of the development of research networks to appropriate, to address differences by NARCH initiative to develop a cadre of support the scientific aims of the sex/gender and/or racial/ethnic AI/AN scientists and health proposed NARCH. groups, including subgroups if professionals engaged in biomedical, 3. Anticipated Announcement and applicable; and clinical, behavioral and health services Award Dates • All investigators to report accrual, and research that is competitive for NIH to conduct and report analyses, as Anticipated Announcement Date: funding; to increase the capacity of both appropriate, by sex/gender and/or March 15, 2004. research-intensive institutions and AI/ racial/ethnic group differences. AN organizations to work in partnership Anticipated Award Date: May 1, 2005. B. Inclusion of Children as to reduce distrust by AI/AN VI. Award Administration Information Participants in Research Involving communities and people toward Human Subjects: It is the policy of NIH research; and to encourage competitive 1. Award Notices that children (i.e., individuals under the research linked to the health priorities Grants Management will not award a age of 21) must be included in all of the AI/AN partner and to reducing grant without an approved application human subjects’ research, conducted or health disparities. The evidence will in conformance with regulatory and supported by the NIH, unless there are include: policy requirements and which • scientific or ethical reasons not to The quality of the partnership of the describes the purpose and scope of the include them. This policy applies to all institutional and community partners, project to be funded. When the initial (Type 1) applications submitted. and the quality of the involvement of application is approved for funding, the All investigators proposing research the Community and Scientific Grants Management Office will prepare involving human subjects should read Advisory Council, as demonstrated by a Notice of Grant Award with special the ‘‘NIH Policy and Guidelines on the documentation of (for instance): the terms and conditions binding upon the Inclusion of Children as Participants in intellectual and tangible contributions award and refer to all general terms Research Involving Human Subjects’’ and activities of the partners, and of applicable to the award. that was published in the NIH Guide for the Council, in developing the 2. Administrative and National Policy Grants and Contracts, March 6, 1998, application and the proposed Requirements and is available at the following URL NARCH; the interactions of the address: http://grants.nih.gov/grants/ A. Inclusion of Women and Minorities partners, and of the members of the guide/notice-files/not98–024.html. in Research Involving Human Subjects: Council, in meetings (such as those to Investigators may obtain copies of these It is the policy of the NIH that women develop the application and proposed policies from the initiative staff listed and members of minority groups and NARCH); the past activities and future under INQUIRIES. Initiative staff may their subpopulations must be included plans to increase the capacity of the also provide additional relevant in all NIH supported biomedical, partners and of the Council; the plans information concerning the policy. for future contributions and activities clinical, behavioral and health services C. URLS in NIH Grant Applications or by the partners, and by the Council, research projects involving human Appendices: All applications and in furthering the goals of the proposed subjects, unless a clear and compelling proposals for NIH funding must be self- NARCH; and the plans for future rationale and justification is provided contained within specified page development of the partnership itself; that inclusion is inappropriate with limitations. Unless otherwise specified • The experience and commitment of respect to the health of the subjects or in an NIH solicitation, Internet the institutional and community the purpose of the research. This policy addresses (URLs) should not be used to partners to recruit, retain, and results from the NIH Revitalization Act provide information necessary to the advance AI/AN faculty/researcher and of 1993 (Section 492B of P.L. 103–43). review because reviewers are under no students, to support faculty/ Because the NARCH initiative targets obligation to view the Internet sites. researcher and student research AI/AN people and communities, a Reviewers are cautioned that their efforts, and to increase the role of the minority population, only the policy of anonymity may be compromised when involved AI/AN communities in the inclusion of women applies to this RFA. they directly access an Internet site. plans of the proposed NARCH; The IHS has fully accepted the OHRP • The appropriateness of the plan for policy regarding human subjects. The D. Public Access to Research Data evaluating the impact of the proposed OHRP Web site is http:// Through the Freedom of Information NARCH, including the quality of ohrp.osophs.dhhs.gov/g-topics.htm. Act: The OMB Circular A–110 has been baseline data and milestones for All investigators proposing research revised to provide public access to accomplishments, and a system to involving human subjects should read research data through the Freedom of track the future course of program the UPDATED ‘‘NIH Guidelines For Information Act (FOIA) under some participants; and Inclusion of Women and Minorities as circumstances. Data that are: • The potential of the proposed NARCH Subjects in Clinical Research,’’ • First produced in a project that is to be a regional and national resource, published in the NIH Guide for Grants supported in whole or in part with including: Capacity to provide quality and Contracts on August 2, 2000 Federal funds; and research training and mentoring for (http://grants.nih.gov/grants/guide/ • Cited publicly and officially by a integrated promotion and notice-files/NOT-OD–00–048.html). The Federal agency in support of an action development of AI/AN research complete Guidelines are available at that has the force and effect of law

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(i.e., a regulation) may be accessed Community and Scientific Advisory researcher needed for acquiring through FOIA. Council. All applications must specific skills or methodologies It is important for applicants to include costs associated with one needed for prospective research, are understand the basic scope of this annual meeting per year in Rockville, allowable. Such costs might include amendment. NIH has provided guidance MD, of NARCH directors and their tuition, travel and per diem costs, as at: http://grants.nih.gov/grants/policy/ key scientific personnel. well as salary support appropriate to a110/a110_guidance_dec1999.htm. • Student Development Costs. Student the percent effort needed for the Applicants may wish to place data (graduate, undergraduate, and high activity. Also, allowable are costs collected under this PA in a public school if well justified) remuneration such as travel and per diem associated archive, which can provide protections through salary/wages for participation with short-term research experiences for the data and manage the distribution in research experiences may be in the laboratory of an active for an indefinite period of time. If so, requested, provided all the following extramurally funded researcher. the application should include a conditions are met: • Research Project Costs. Direct costs description of the archiving plan in the • The student is performing necessary associated with research and pilot study design and include information work involved in the research. research projects are allowable when about this in the budget justification • There is an employer-employee adequate justification is provided. section of the application. In addition, relationship between the student These include faculty/researcher applicants should think about how to and the proposed NARCH or its salaries, reimbursed according to structure informed consent statements partners. The total compensation is percent effort. Summer salary support and other human subjects procedures reasonable for the work performed. can be paid provided the institution’s given the potential for wider use of data • It is the practice of the proposed academic schedule permits such collected under this award. NARCH or its partners to provide release and when the institution E. Allowable Administrative Cost: compensation for all students in approves. The maximum summer- Certain administrative costs for similar circumstances, regardless of salary support provided by the managing a comprehensive program are the source of support for the program cannot exceed the equivalent allowable and may vary, depending activity. of three months at 100 percent effort, upon the size and complexity of the Graduate students, but not or time specified by the institution as program’s activities. The costs budgeted undergraduate students, are allowed its policy. Grant funds may not be for NARCH grants and subcontracts may tuition costs as part of a compensation used to increase or supplement not duplicate items already budgeted in faculty/researcher academic year other cost centers of the AI/AN, package. When requesting support for a graduate student, the NARCH salaries. Salary support for technical research-intensive, and subcontracted assistance and costs for consultants, if organizations and institutions, such as application should provide, in the budget justification section of the justified, are allowable. Costs for accounts which make up the Facilities equipment to be used to carry out the application, the basis for the and Administration (F&A) cost pool. proposed research are allowable. compensation level. The IHS staff will The grantee organization receiving the • Costs for Core Scientific Services. award must be prepared to provide review the requested compensation Costs for core scientific services to documentation showing the direct level and, if it is reasonable and support two or more projects are relationship of proposed costs to the justified, will provide compensation up allowable. Costs for multi-user program, and that costs of this type are to a maximum of $45,000 (http:// research equipment are also charged in a uniform manner to all other grants.nih.gov/grants/guide/notice-files/ allowable. A plan for access to the grants at all institutions and not98–168.html). Post-doctoral students multi-user equipment, its organizations participating in the award. should be compensated at a rate maintenance, management and use • Salary (up to 25 percent effort, commensurate with that of other post- must be included. To aid in the although it should generally be less) doctoral employees with similar degrees review, it is suggested that a tabular for the NARCH Program Director is and experience at the research-intensive summary show the estimated or allowable for that portion of time or institution. actual proportional use of this effort specifically employed in It is the expectation of the IHS, equipment by each project, and other directing the proposed NARCH. (The NIGMS and AHRQ that students who investigators and students. Justify this 25 percent limit does not include are enrolled in a accredited graduate core component by discussing ways salary for being a research program, as part of a proposed NARCH, in which these centralized services investigator.) Limited salary support will not be excluded from support from improve quality, bring about an for secretarial or clerical help is other non-Federal or Federal graduate economy of effort, and/or save overall allowable only when in direct support training sources (such as loans and costs as compared to their inclusion of the proposed NARCH. For assistance under the Veterans’ as part of each research project. guidance, applicants should refer to Adjustment Benefit Act or Pell Grants) Personnel costs to maintain and the OMB Circular appropriate for for which they are eligible. Graduate service the equipment are an them, A–87 (Cost Principles for State, and post-doctoral students cannot allowable cost. Support for very large local, and Indian Tribal concurrently hold another federally- pieces of equipment, however, may be Governments), at http:// sponsored stipend or fellowship or any restricted by the NARCH budget. www.whitehouse.gov/omb/circulars or other Federal award that duplicates the Plans to maintain the shared core A–122 (Cost Principles for Non-Profit NARCH support. scientific services and facility beyond Organizations), http:// • Faculty/Researcher Development the grant period should be discussed. www.whitehouse.gov/omb/circulars, Costs. Costs to support faculty/ • Cost for Supplies. Costs for supplies, or should contact the grants researcher development activities, including costs for animals, necessary management officer under such as workshops or courses, to carry out the proposed research INQUIRIES. national meetings, or short-term may be included. Travel costs for the • Costs for evaluation activities are research experiences in the laboratory investigator(s) are permitted when allowable, as are costs for the of an active NIH-extramurally-funded direct benefits to the program are

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expected, and when adequate NARCH Program Director is expected to eligible projects or activities involving justification is provided. Alterations possess certain essential qualifications that grantee organization, or the and Renovations costs (up to $40,000) such as: individual responsible for the are allowable only when essential for • Strong leadership skills, including delinquency to not be funded. conduct of the proposed research. scientific leadership experience and a Failure to obtain prior approval for Other permitted costs include animal strong academic and scientific change in Scope, Principal Investigator, maintenance (unit care costs and background, as exemplified, ideally, Grantee Institutions, Successor in number of care days), donor fees, by scientific publications and a record Interest, or Recipient Institute Name, publication costs, computer charges, of peer-reviewed scientific support; undertaking any activities disapproved rentals and leases, equipment • The knowledge of and personal or restricted as a condition of the award, maintenance, and service contracts. working relationship with the AI/AN may result in fund restrictions. • Consortium and Contract Tribes or communities involved in the Arrangements. Consortium VII. Agency Contact(s) NARCH research, and with the arrangements that may involve 1. Questions on the initiative, partners of the proposed NARCH; personnel costs, supplies, and other regarding IHS NARCH issues and • Strong mentoring and supervision allowable costs, including F&A costs; policies, may be directed to: Alan skills, to exercise responsibility for contractual costs for support services, Trachtenberg, M.D., M.P.H., Research mentoring activities, organization of such as the laboratory testing of Program Director, Indian Health Service, communicating skills programs, biological materials, clinical services, 801 Thompson Avenue, TMP, Suite 450, special methods workshops, tracking data processing, or core Rockville, MD 20852–1750, Telephone: of student career plans, etc.; and administrative services, are allowable (301) 443–0222, Fax: (301) 443–1522, e- • Knowledge of IHS and NIH policies, expenses. Consortia and contractual mail: [email protected]. including those concerning human costs with Native health 2. Questions on grants management participants in research, human organizations, tribes and/or research and fiscal matters may be directed to: biological material, animals, institutions in Canada are allowable Sylvia Ryan, Grants Management hazardous materials, and Tribal expenses. Branch, Indian Health Service, Reyes • review and approval of research. Pilot Research Projects. The intent of Building, 801 Thompson Avenue, The names and qualifications of the pilot research projects is to lead to Rockville, MD 20852–1627, Telephone: NARCH Program Director, the Student regular research projects funded as (301) 443–5204, Fax: (301) 443–9602, e- and Faculty/Researcher Development part of the center grant or as mail: [email protected]. Director and directors of individual freestanding grants. For pilot research 3. Questions on NIGMS issues and projects within the program (where projects, applications may request policies, may be directed to: Clifton A. appropriate), and any other key support for up to $50,000 (direct Poodry, Ph.D., Minority Opportunities personnel, should be listed in the costs) per year. This support is non- in Research Division, National Institute application under the Key Personnel renewable. of General Medical Sciences, 45 Center • section. Biographical Sketches of these Subcontracts. The grant recipient may Drive, Suite 2AS.37, MSC 6200, individuals, including other grant issue subcontracts to other Bethesda, MD 20892–6200, Telephone: support, should be included. organizations (such as the research- (301) 594–3900, Fax: (301) 480–2753, e- intensive institution of the 3. Reporting mail: [email protected]. partnership), as long as at least 30 4. Questions on the review of percent of the grant remains with the The NARCH Program Office and the Grants Management have requirements Applications may be directed to: AI/AN organization; that is, no more Michael R. Martin, Ph.D., Director, than 70 percent may be for the progress reports and financial reports based on the terms and Division of Physiological Systems, subcontracted. Center for Scientific Review, MSC 7892, F. Unallowable Costs: Unallowable conditions of the grant. Grantees are Room 6160, 6701 Rockledge Drive, costs for research projects (including for responsible and accountable for Bethesda, MD 20892–7892, Telephone: pilots projects) include costs for student accurate reporting of the Progress (301) 594–7945, Fax: (301) 480–2065, e- development, textbooks, journals, Reports and Financial Status Reports mail: [email protected]. memberships, and Internet subscription which are generally due annually. Financial Status Report (SF 269) are due 5. Questions on Health Services costs, as well as other costs prohibited Research and AHRQ policies may be by OMB Circulars A–87 or A–122 as 90 days after each budget period and the final SF 269 must be verified from the directed to: Wendy Perry, Office of the applicable. Employees of the applicant Director, Agency for Healthcare organization may not serve as paid grantee records on how the value was derived. Research and Quality, Room 3012, 540 consultants but may be paid. Gaither Road, Rockville, MD 20850, The pilot research project is intended Grantees are allowed a reasonable Telephone: (301) 427–1216, Fax: (301) for faculty/researcher without current period to time in which to submit 427–1210, e-mail: [email protected]. research support. Therefore, required financial and performance investigators with significant current reports. VIII. Other Information support from other mechanisms such as Failure to submit required reports 1. Healthy People 2010 the R01 and research funding from other within the time allowed may result in extramural sources are not eligible, and suspension or termination of an active The Public Health Service (PHS) is the costs therefore are not allowable. grant, withholding of additional awards committed to achieving the health Release time for preparing proposals or for the project, or other enforcement promotion and disease prevention mini-research projects, not submitted, as actions such as withholding of objectives of ‘‘Healthy People 2010’’, a pilot projects, is not allowed. payments or converting to the PHS led national activity for setting G. Qualifications of the NARCH reimbursement method of payment. priority areas. This Request for Program Director and Key Personnel: As Continued failure to submit required Application (RFA) announcement is leader of the research and research reports may result in the imposition of related to one or more of the priority training for the proposed NARCH, the special award provisions, or cause other areas. Potential applicants may obtain a

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copy of ‘‘Healthy People 2010’’ at Factors known to contribute to health 4. IHS Research Program Objectives http://www.health.gov/healthypeople/. status and disparities are complex, and Due to the complexity of factors include underlying biology, physiology, 2. Technical Assistance Workshop contributing to the health and disease of and genetics, as well as ethnicity, AI/ANs, and to their health disparities The IHS and NIH intend to conduct culture, socioeconomic status, gender/ compared with other Americans, the technical assistance and information sex, age, geographical access to care, collaborative efforts of the agencies of sharing workshops about this grant and levels of insurance. Additional the Department of Health and Human initiative in March, and May, 2004 in at factors known to contribute to health Services, and the collaboration of least two regional centers. Potential status and disparities include: family, researchers and AI/AN communities, grantees wanting to attend one of these home, and work environments; general are needed to achieve significant workshops will have to provide names or culturally specific health practices; improvements in the health status of AI/ social support systems; lack of access to and the eligible organization to Ms. AN people. To accomplish this goal, in culturally-appropriate health care; and Sylvia Ryan, at telephone number (301) addition to objectives set by the Tribe, attitudes toward health. Yet none of 443–5204 or Fax (301) 443–9602, or by Tribal Organization or Indian Health these alone or in combination accounts e-mail to [email protected] as soon as Board, the NARCH will pursue the possible and no later than March 15, for all documented differences. Health disparities of AI/ANs may also following program objectives: 2004. This notification will help the IHS A. To develop a cadre of AI/AN reflect a lack of research relevant to and the NIH to determine the best times scientists and Health Professionals— and locations for potential grantees’ improve their health status. Many AI/ ANs distrust research for historical Offering opportunities to develop more training and to have adequate workshop AI/AN scientists and health supplies. The details of the workshops reasons. One approach that combats this distrust is to ensure that Tribes are professionals engaged in research, and and locations will be posted (as they are to conduct biomedical, clinical, finalized) on the IHS Research Program senior partners in training and research that involves them, as for example in behavioral and health services research Web site at http://www.ihs.gov/ that is responsive to the needs of the AI/ medicalprograms/research. community-based participatory research. This approach is especially AN community and the goals of this 3. Context helpful to design both training relevant initiative; Faculty/researchers and to researchers from Tribal communities, students at each proposed NARCH will The AI/AN Tribal nations and and research relevant to the health develop investigator-initiated, communities have long experienced needs of the communities. scientifically meritorious research poorer health status than other The mission of NIH is to acquire new projects, including pilot research Americans. Although major gains of knowledge that will lead to better health projects, and will be supported through reducing health disparities were made by understanding the processes science education projects designed to in the last half of the twentieth century, underlying health and disease that in increase the numbers of, and to improve most gains stopped by the mid 1980s turn will help prevent, detect, diagnose, the research skills of, investigators (Trends in Indian Health 1998–99) and and treat disease and disability. The involved with AI/ANs. a few diseases, e.g., diabetes, worsened. NARCH initiative works toward the NIH B. To enhance Partnerships—Recent ‘‘All Indian’’ rates contain marked mission by supporting research that community-based participatory research variation among the ‘‘IHS Areas’’ or discovers the interrelationships among suggests that AI/AN communities can regions (Regional Differences in Indian the many factors that contribute to work collaboratively in partnership with Health 1998–99); variation by Tribe health and disease, and by helping train health researchers to further the exists within Areas as well. The Trends and promote researchers concerned research needs of AI/ANs. Fully and Regional Differences reference can with AI/AN health. utilizing all cultural and scientific be found at the IHS website at http:// The Agency for Healthcare Research knowledge, strengths, and www.ihs.gov/publicInfo/publications/ and Quality (AHRQ), formerly the competencies, such partnerships can index.asp. Although the ‘‘All Indian’’ Agency for Health Care Policy and lead to better understanding of the mortality rates for all cancers are about Research (AHCPR), a component of the biological, genetic, behavioral, 20 percent lower than the U.S. rates for U.S. Department of Health and Human psychological, cultural, social, and all races, there is variation among IHS Services, is the Federal Government’s economic factors either promoting or Areas for specific cancers; moreover, the focal point for research to improve the hindering improved health status of AI/ favorable AI/AN mortality rates for quality, safety, efficiency, and ANs, and generate the development and some cancers may be due to markedly effectiveness of health care for all evaluation of interventions to improve lower incidence rates partly offset by Americans. AHRQ accomplishes this their health status. higher case-fatality rates. Unfamiliarity mission through the establishment of a C. To Reduce Health Disparities—In with modern health care may adversely broad base of scientific research to: (1) the amended Indian Health Care influence health status among the Improve clinical practice, (2) improve Improvement Act, Public Law (Pub. L.) elderly, the low-income elderly, and the health care system’s ability to 94–437, IHS was legislatively mandated Tribes, and also may reduce the provide access to and deliver high to improve the delivery of effective acceptability of health research among quality, high-value health care, and (3) health care to AI/ANs. In the NIH them. The daunting tasks confronting provide policymakers with the ability to Revitalization Act of 1993, NIH was Tribes, researchers, and health care and assess the impact of system changes on encouraged to increase the number of public health programs in the beginning outcomes, quality, access to, cost, and under-represented minorities of the twenty-first century are to resume use of health care services. An participating in biomedical, clinical, the reduction of health disparities that important element in AHRQ’s portfolio behavioral and health services research, had occurred up to the 1980s, to reverse is research (including demonstrations) including studies on drug abuse and the worsening in a few diseases, to that identifies successful strategies for alcoholism, and the examination of the maintain and strengthen the favorable translating evidence into sustainable role of resiliency in the prevention and status, and to reduce the disparities improvements in clinical practice and treatment of those conditions. Also, the among and within Areas and Tribes. outcomes. ‘‘Initiative to Eliminate Racial and

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Ethnic Disparities in Health’’ by HHS among Medicare enrollees in a DEPARTMENT OF HEALTH AND (http://raceandhealth.hhs.gov/) managed care organization. Journal HUMAN SERVICES encouraged NIH to help reduce health of the American Medical disparities. In its 1999 reauthorizing Association, 1999, 281, 545–551. National Institutes of Health legislation, AHRQ was directed to Haynes, M.A. & Smedley, B.D. (Eds.) conduct and support research to Government-Owned Inventions; The Unequal Burden of Cancer: An identify and reduce health care Availability for Licensing disparities (Pub. L. 106–525). NIH Assessment of NIH Programs for Ethnic Minorities and the Medically AGENCY: National Institutes of Health, published the ‘‘Strategic Research Plan Public Health Service, DHHS. and Budget to Reduce and Ultimately Underserved. Institute of Medicine. ACTION: Notice. Eliminate Health Disparities, Fiscal National Academy Press. Washington, DC, 1999. Years 2002–2006’’ at (http:// SUMMARY: The inventions listed below www.ncmhd.nih.gov). Finally, the Macaulay, A.C., Commanda, L.E., are owned by an agency of the U.S. ‘‘NIGMS Strategic Plan for Reducing Freeman, W.L., Gibson, N., McCabe, Government and are available for Health Disparities’’ (http:// M.L., Robbins, C.M., & Twohig, licensing in the U.S. in accordance with www.nigms.nih.gov/news/reports/ P.L., (for the) North American 35 U.S.C. 207 to achieve expeditious _ health disparities.html) presents an Primary Care Research Group. commercialization of results of NIGMS role in health disparity Participatory research maximizes federally-funded research and reduction through its focused programs community and lay involvement. development. Foreign patent on research infrastructure to increase British Medical Journal, 1999, 319, applications are filed on selected the number and capabilities of under- 774–778. inventions to extend market coverage represented minority health researchers. for companies and may also be available Minority Economic Profiles. U.S. In response to these priorities, the IHS, for licensing. NIGMS and AHRQ have established a Bureau of the Census, Population ADDRESSES: Licensing information and collaboration to support Native Division. Issued July 24, 1992. copies of the U.S. patent applications American Research Centers for Health. (Tables 1990 CPH –L–92, 93, 94 and listed below may be obtained by writing Reducing health disparities among AI/ 95). to the indicated licensing contact at the AN communities and individuals may NIH Publication 98–4247. Women of Office of Technology Transfer, National be fostered by greater understanding of Color Health Data Book. Office of how to enhance their strengths and Institutes of Health, 6011 Executive Research On Women’s Health, resiliencies. While AI/AN communities Boulevard, Suite 325, Rockville, have relied on health research and Office of the Director, National Maryland 20852–3804; telephone: (301) medical science to reduce health Institutes of Health, 1998. 496–7057; fax: (301) 402–0220. A signed disparities, they also have relied on Trends in Indian Health 1998–99. Confidential Disclosure Agreement will their own psychological, organizational, Program Statistics Team, Office of be required to receive copies of the and cultural assets and strengths to Public Health, Indian Health patent applications. survive major harms and disruptions Service, 2001. SAP/SH2D1A Knockout Mice: A Model over the centuries, and to rebound from Regional Differences in Indian Health for X-linked Lymphoproliferative insults to health. For research about 1998–99. Program Statistics Team, Disease resiliencies, see http:// Office of Public Health, Indian Pamela L. Schwartzberg (NHGRI), www.nida.nih.gov/ResilandRiskWG/ Health Service, 2000. DHHS Reference No. E–343–2003/0— ResilandRiskWG.html. Weiss, B.D., Reed, R.L., & Kligman, Research Tool, Licensing Contact: Cristina References for Background E.W. Literary skills and Thalhammer-Reyero; 301/435-4507; Information: communication methods of low- [email protected]. Anderson, N.B. Levels of analysis in income older persons. Patient health science: A framework for Education and Counseling, 1995, NIH announces the availability for licensing of SAP/SH2D1A knockout integrating sociobehavioral and 25, 109–119. biomedical research. Annals of the mice, which can be used as a model for New York Academy of Sciences, Williams, D.R. & Collins, C. U.S. X-linked lymphoproliferative disease 1998, 840, 563–576. Socioeconomic and Racial (XLP), and exploited to design Ballantine, B., Ballantine, I. (Eds.), Differences in Health: Patterns and therapeutics or gene-therapy for XLP. Thomas, D.H., Miller, J., White, R., Explanations. Annual Review of These knockout mice can be used as Nabokov, P., Deloria, P.J. (Text by), Sociology, 1995, 21, 349–386. well to study other T cell-mediated Joseph, A.M. (Intro.) The Native Williams, M.V., Parker, R.M., Baker, diseases, such as asthma and Americans: An Illustrated History. D.W., Parikh, N.S., Pitkin, K., hypersensitivity, involving Th2 cells. Turner Publishing, Inc. Atlanta, GA, Coates, W.C., & Nurss, J.R. This model is also useful for researchers 1993. Inadequate functional health interested in T-cell signaling and Freeman, W.L. The role of community literacy among patients at two cytokine production by T-helper cells. SAP (SLAM-associated protein) is a in research with stored tissue public hospitals. Journal of the small lymphocyte-specific signaling samples. Weir R (Ed.) Stored tissue American Medical Association, samples: Ethical, legal, and public molecule that is defective or absent in 1995, 274, 1677–1682. policy implications. University patients with XLP. SAP has unusually Iowa Press. Iowa City, IA, 1998, Dated: February 17, 2004. high affinity for SLAM (also called 267–301. Michel E. Lincoln, CD150) and has been suggested to Gazmararian, J.A., Baker, D.W., Deputy Director, Indian Health Service. function by blocking binding of SHP–2 Williams, M.V., Parker, R.M., Scott, [FR Doc. 04–3867 Filed 2–23–04; 8:45 am] or other SH2-containing signaling T.L., Green, D.C., Fehrenbach, S.N., proteins to SLAM receptors. SAP has Ren, J. & Koplan, J.P. Health literacy BILLING CODE 4160–16–P also been shown to be required for

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recruitment and activation of the Src- elements results in a synergistic effect Licensing Contact: Michael Ambrose; family kinase FynT after SLAM ligation, on stability, and therefore expression (301) 594–6565; where the SAP SH2 domain binds to the levels, of mRNA transcripts. Using HIV– [email protected]. SH3 domain of FynT and directly 1 gag as reporter mRNA, one mutated A specific receptor for pathogenic couples FynT to SLAM. RTE in combination with a CTE was fungi has been isolated and Mutations in the SH2D1 A gene on the found to improve expression of unstable substantially purified for the first time, Xq24–26 chromosome are known to be mRNA by about 500-fold. Similarly this and a method of using the receptor to responsible for many cases of X-linked combination of elements lead to prevent adhesion of pathogenic fungi to Lymphoproliferative syndrome. synergistically elevated levels of HIV–1 host cells has been developed. A kit for env expression. The function of CTEs Immunoglobulins With Potent and detecting the presence of certain fungi and RTEs is conserved in mammalian Broad Antiviral (HIV) Activity Based was also described. These products cells, so this technology is a simple and on scFv Joined by Flexible Linker to Fc make possible the detection and useful way of obtaining high levels of removal of two important pathogenic Drs. Dimiter Dimitrov (NCI) and Mei- expression of otherwise poorly fungi, Candida albicans and Yun Zhang (SAIC), expressed genes and can be used in a Cryptococcus neoformans, and may be U.S. Provisional Patent Application number of applications such as but not useful in preventing yeast diseases. filed 29 Sep 2003 (DHHS Reference limited to improvements of gene Dated: February 17, 2004. No. E–316–2003/0–US–01), therapy vectors, expression vectors for Steven M. Ferguson, Licensing Contact: Sally Hu; (301) 435– mammalian cells. 5606; [email protected]. Director, Division of Technology Development Safer Attenuated Virus Vaccines With and Transfer, Office of Technology Transfer, This invention describes methods of Missing or Diminished Latency of National Institutes of Health. inhibiting viral infection (e.g., HIV–1 Infection [FR Doc. 04–3906 Filed 2–23–04; 8:45 am] infection). The method comprises BILLING CODE 4140–01–P administering a fusion protein Jeffrey Cohen (NIAID), Edward Cox comprising a small size, single chain Fv (FDA), Lesley Pesnicak (NIAID), (scFv) antibody binding domain joined U.S. Provisional Application No. 60/ DEPARTMENT OF HEALTH AND to an Fc region by a long flexible linker. 423,603 filed 05 Nov 2002 (DHHS HUMAN SERVICES In particular, scFv m6 or m9, the single Reference No. E–250–2002/0–US–01); chain variable fragments that were PCT Application No. PCT/US03/ National Institutes of Health previously identified from a phage 35167 filed 05 Nov 2003 (DHHS display library for binding to gp14089.6, Reference No. E–250–2002/0–PCT– National Cancer Institute; Notice of gp120JRFL, gp140IIIB, and their complex 02), Closed Meeting with two-domain soluble CD4 is joined Licensing Contact: Susan Ano; (301) Pursuant to section 10(d) of the to Fc by a long flexible linker to provide 435–5515; [email protected]. Federal Advisory Committee Act, as a new agent for the inhibition of HIV This technology describes viruses that amended (5 U.S.C. Appendix 2), notice infection or immunotherapy of HIV- is hereby given of the following infected individuals. The Fc region have weakened ability to establish and/ or maintain latency and their use as live meeting. provides stability, long half-life, and The meeting will be closed to the vaccines. The viruses have one or more biological effector functions. The scFv- public in accordance with the genetic mutations that allow for Fc fragment provides antigen provisions set forth in sections continued replication but that inhibit recognition and neutralizing activity. 552b(c)(4) and 552(b)(c)(6), Title 5 latency. The vaccine materials and The small size of the scFv-Fc fusion U.S.C., as amended. The grant methods for their construction are molecule provides easy access to applications and the discussions could exemplified with the virus that causes conserved viral epitopes exposed before disclose confidential trade secrets or chickenpox and whose latent infection or during viral entry. In addition, these commercial property such as patentable results in shingles, a condition that fusion molecules exhibit neutralization material, and personal information affects up to an estimated 1 million activity that is higher than that of whole concerning individuals associated with people per year in the United States IgGs. Thus, this invention may offer a the contract proposals, the disclosure of alone. Specific examples of gene novel approach to treat and prevent which would constitute a clearly deletion are described. Furthermore, HIV–1 infection and/or AIDS. unwarranted invasion of personal replacement of these deleted genes with privacy. Potent Combinations of mRNA other desirable viral antigen encoding Transport Elements sequence(s) and/or cytokine genes in Name of Committee: National Cancer Barbara K. Felber et al. (NCI), order to enhance a desired Institute Review Group, Subcommittee A— immunological response is also Cancer Centers. U.S. Provisional Application No. 60/ Date: April 15–16, 2004. 471,988 filed 19 May 2003 (DHHS described. Aspects of this technology Time: 7:30 a.m. to 3 p.m. Reference No. E–223–2003/0–US–01); are relevant to other live virus vaccines, Agenda: To review and evaluate grant U.S. Provisional Application No. 60/ thus increasing the safety of such applications. 472,223, filed 20 May 2003 (DHHS vaccines. Place: Holiday Inn Chevy Chase, 5520 Wisconsin Avenue, Chevy Chase, MD 20815. Reference No. E–258–2003/0–US–01), Novel Receptor for Pathogenic Fungi Licensing Contact: Susan Ano; 301/435– Contact Person: David E. Maslow, PhD, 5515; [email protected]. Victor Jimenez (EM), Victor Ginsburg Scientific Review Administrator, Resources (NIDDK), Howard Krivan (NIDDK), and Training Review Branch, Division of This technology relates to improving Extramural Activities, National Cancer levels of gene expression using a U.S. Patent Application No. 07/472,128 Institute, 6116 Executive Boulevard, Room combination of a constitutive RNA filed 30 Jan 1990, which issued as 8117, Bethesda, MD 20892–7405, (301) 496– transport element (CTE) with a mutant U.S. Patent 5,242,800 on 07 Sep 1993 2330. form of another RNA transport element (DHHS Reference No. E–145–1989/0– Any interested person may file written (RTE). The combination of these US–01), comments with the committee by forwarding

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the statement to the Contact Person listed on Health, 6707 Democracy Blvd., Suite 800, DEPARTMENT OF HEALTH AND this notice. The statement should include the Bethesda, MD 20892–5465, 301–594–7784, HUMAN SERVICES name, address, telephone number and when [email protected]. applicable, the business or professional National Institutes of Health affiliation of the interested person. Dated: February 17, 2004. In the interest of security, NIH has LaVerne Y. Stringfield, National Institute of Allergy and instituted stringent procedures for entrance Director, Office of Federal Advisory Infectious Diseases; Notice of Closed into the building by non-government Committee Policy. employees. Persons without a government Meeting I.D. will need to show a photo I.D. and sign- [FR Doc. 04–3904 Filed 2–23–04; 8:45 am] in at the security desk upon entering the BILLING CODE 4140–01–M Pursuant to section 10(d) of the building. Federal Advisory Committee Act, as (Catalogue of Federal Domestic Assistance amended (5 U.S.C. Appendix 2), notice Program Nos. 93.392, Cancer Construction; DEPARTMENT OF HEALTH AND is hereby given of the following 93.393, Cancer Cause and Prevention HUMAN SERVICES meeting. Research; 93.394, Cancer Detection and The meeting will be closed to the Diagnosis Research; 93.395, Cancer National Institutes of Health public in accordance with the Treatment Research; 93.396, Cancer Biology provisions set forth in sections Research; 93.397, Cancer Centers Support; National Institute of Allergy and 93.398, Cancer Research Manpower; 93.399, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Infectious Diseases; Notice of Closed as amended. The contract proposals and Cancer Control, National Institutes of Health, Meeting HHS) the discussions could disclose confidential trade secrets or commercial Dated: February 17, 2004. Pursuant to section 10(d) of the property such as patentable material, LaVerne Y. Stringfield, Federal Advisory Committee Act, as and personal information concerning amended (5 U.S.C. Appendix 2), notice Director, Office of Federal Advisory individuals associated with the contract Committee Policy. is hereby given of the following proposals, the disclosure of which meeting. [FR Doc. 04–3899 Filed 2–23–04; 8:45 am] would constitute a clearly unwarranted BILLING CODE 4140–01–M The meeting will be closed to the invasion of personal privacy. public in accordance with the Name of Committee: National Institute of provisions set forth in sections Allergy and Infectious Diseases Special DEPARTMENT OF HEALTH AND 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., HUMAN SERVICES Emphasis Panel, ‘‘Development, Testing, and as amended. The grant applications and Evaluation of Candidate Vaccines Against National Institutes of Health the discussions could disclose Plague.’’ confidential trade secrets or commercial Date: March 19, 2004. National Center on Minority Health and property such as patentable material, Time: 8:30 a.m. to 5 p.m. Health Disparities; Notice of Closed and personal information concerning Agenda: To review and evaluate contract proposals. Meeting individuals associated with the grant applications, the disclosure of which Place: Marriott Gaithersburg Washingtonian, 9751 Washingtonian Pursuant to section 10(d) of the would constitute a clearly unwarranted Federal Advisory Committee Act, as Boulevard, Gaithersburg, MD 20878. invasion of personal privacy. Contact Person: Gregory P. Jarosik, PhD, amended (5 U.S.C. Appendix 2), notice Name of Committee: National Institute of Scientific Review Administrator, Scientific is hereby given of the following Review Program, Division of Extramural meeting. Allergy and Infectious Diseases Special Emphasis Panel Trypanosome Proteome. Activities, National Institutes of Health/ The meeting will be closed to the NIAID, 6700B Rockledge Drive, MSC 7616, Date: March 11, 2004. public in accordance with the Bethesda, MD 20892, (301) 496–0695, Time: 11:30 a.m. to 2:30 p.m. provisions set forth in sections [email protected]. Agenda: To review and evaluate grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., (Catalogue of Federal Domestic Assistance applications. as amended. The grant applications and Program Nos. 93.855, Allergy, Immunology, Place: National Institutes of Health, and Transplantation Research; 93.856, the discussions could disclose Rockledge 6700, 6700B Rockledge Drive, confidential trade secrets or commercial Microbiology and Infectious Diseases Bethesda, MD 20817, (Telephone Conference Research, National Institutes of Health, HHS) property such as patentable material, Call). and personal information concerning Contact Person: Brenda Lange-Gustafson, Dated: February 17, 2004. individuals associated with the grant Ph.D., Scientific Review Administrator, LaVerne Y. Stringfield, applications, the disclosure of which NIAID, DEA, Scientific Review Program, would constitute a clearly unwarranted Director, Office of Federal Advisory Room 3122, 6700–B Rockledge Drive, MSC– Committee Policy. invasion of personal privacy. 7616, Bethesda, MD 20892–7616, Bethesda, [FR Doc. 04–3905 Filed 2–23–04; 8:45 am] MD 20892–7616, (301) 496–2550, Name of Committee: National Center on BILLING CODE 4140–01–M Minority and Health Disparities Special [email protected]. Emphasis Panel, ZMD1(01) Loan Repayment (Catalogue of Federal Domestic Assistance Programs: Extramural Clinical and Health Program Nos. 93.855, Allergy, Immunology, DEPARTMENT OF HEALTH AND Disparities Research. and Transplantation Research; 93.856, HUMAN SERVICES Date: March 28–30, 2004. Microbiology and Infectious Diseases Time: 5 p.m. to 1 p.m. Research, National Institutes of Health, HHS) Agenda: To review and evaluate grant National Institutes of Health applications. Dated: February 17, 2004. Center for Scientific Review; Notice of Place: Embassy Suites at the Chevy Chase LaVerne Y. Stringfield, Pavilion, 4300 Military Road, NW., Closed Meetings Director, Office of Federal Advisory Washington, DC 20015. Committee Policy. Contact Person: Lorrita Watson, Ph.D., Pursuant to section 10(d) of the National Center on Minority Health and [FR Doc. 04–3903 Filed 2–23–04; 8:45 am] Federal Advisory Committee Act, as Health Disparities, National Institutes of BILLING CODE 4140–01–M amended (5 U.S.C. Appendix 2), notice

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is hereby given of the following Name of Committee: Center for Scientific This notice is being published less than 15 meetings. Review Special Emphasis Panel, Social days prior to the meeting due to the timing The meetings will be closed to the Judgement. limitations imposed by the review and public in accordance with the Date: March 3, 2004. funding cycle. Time: 1:30 p.m. to 3 p.m. Name of Committee: Center for Scientific provisions set forth in sections Agenda: To review and evaluate grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Review Special Emphasis Panel, Coronavirus applications. Replication. as amended. The grant applications and Place: National Institutes of Health, 6701 Date: March 10, 2004. the discussions could disclose Rockledge Drive, Bethesda, MD 20892, Time: 2 p.m. to 3 p.m. confidential trade secrets or commercial (Telephone Conference Call). Agenda: To review and evaluate grant property such as patentable material, Contact Person: Victoria S. Levin, MSW, applications. and personal information concerning Scientific Review Administrator, Center for Place: National Institutes of Health, 6701 individuals associated with the grant Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892, Health, 6701 Rockledge Drive, Room 3172, (Telephone Conference Call). applications, the disclosure of which MSC 7848, Bethesda, MD 20892, 301–435– would constitute a clearly unwarranted Contact Person: Robert Freund, Ph.D., 0912, [email protected]. Scientific Review Administrator, Center for invasion of personal privacy. This notice is being published less than 15 Scientific Review, National Institutes of Name of Committee: Center for Scientific days prior to the meeting due to the timing Health, 6701 Rockledge Drive, Room 3200, Review Special Emphasis Panel, Behavioral limitations imposed by the review and MSC 7848, Bethesda, MD 20892, 301–435– Endocrinology. funding cycle. 1050, [email protected]. Date: February 19, 2004. Name of Committee: Center for Scientific Name of Committee: Center for Scientific Time: 2 p.m. to 2:30 p.m. Review Special Emphasis Panel, DNA and Review Special Emphasis Panel—Reviews in Agenda: To review and evaluate grant RNA Modifications. Adult Psychopathology. applications. Date: March 4, 2004. Date: March 10, 2004. Place: St. Gregory Hotel, 2033 M Street, Time: 1 p.m. to 3 p.m. Time: 3:30 p.m. to 5 p.m. NW., Washington, DC 20036. Agenda: To review and evaluate grant Agenda: To review and evaluate grant Contact Person: Mary Sue Krause, MED, applications. applications. Scientific Review Administrator, Center for Place: National Institutes of Health, 6701 Place: National Institutes of Health, 6701 Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892, Rockledge Drive, Bethesda, MD 20892, Health, 6701 Rockledge Drive, Room 3182, (Telephone Conference Call). (Telephone Conference Call). MSC 7848, Bethesda, MD 20892, 301–435– Contact Person: Marcia Steinberg, Ph.D., Contact Person: Mary Sue Krause, MED, 0902, [email protected]. Scientific Review Administrator, Center for Scientific Review Administrator, Center for This notice is being published less than 15 Scientific Review, National Institutes of Scientific Review, National Institutes of days prior to the meeting due to the timing Health, 6701 Rockledge Drive, Room 5140, Health, 6701 Rockledge Drive, Room 3182, limitations imposed by the review and MSC 7840, Bethesda, MD 20892, (301) 435– MSC 7848, Bethesda, MD 20892, 301–435– funding cycle. 1023, [email protected]. 0902, [email protected]. Name of Committee: Center for Scientific This notice is being published less than 15 days prior to the meeting due to the timing Name of Committee: Center for Scientific Review Special Emphasis Panel, ZRG1 BDCN Review Special Emphasis Panel— B 02S: Clinical Neuroplasticity and limitations imposed by the review and funding cycle. Endocrinology, Metabolic, Nutritional and Neurotransmitters (CNNT). Reproductive Sciences. Date: February 25, 2004. Name of Committee: Center for Scientific Date: March 10–11, 2004. Time: 6 p.m. to 7 p.m. Review Special Emphasis Panel, DNA Time: 7 p.m. to 3:30 p.m. Agenda: To review and evaluate grant Damage and Mutagenesis. Agenda: To review and evaluate grant applications. Date: March 4, 2004. applications. Place: St. Gregory Hotel, 2033 M Street, Time: 4:30 p.m. to 6:30 p.m. Place: Hyatt Regency Bethesda, One NW., Washington, DC 20036. Agenda: To review and evaluate grant Bethesda Metro Center, 7400 Wisconsin Contact Person: William C. Benzing, Ph.D., applications. Avenue, Bethesda, MD 20814. Scientific Review Administrator, Center for Place: National Institutes of Health, 6701 Contact Person: Krish Krishnan, Ph.D., Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892, Scientific Review Administrator, Center for Health, 6701 Rockledge Drive, Room 5206, (Telephone Conference Call). Scientific Review, National Institutes of MSC 7846, Bethesda, MD 20892, 301–435– Contact Person: Hungyi Shau, Ph.D., Health, 6701 Rockledge Drive, Room 6164, 1254, [email protected]. Scientific Review Administrator, Center for MSC 7892, Bethesda, MD 20892, 301–435– This notice is being published less than 15 Scientific Review, National Institutes of 1041, [email protected]. days prior to the meeting due to the timing Health, 6701 Rockledge Drive, Room 6214, limitations imposed by the review and MSC 7804, Bethesda, MD 20892, 301–435– Name of Committee: Center for Scientific funding cycle. 1720, [email protected]. Review Special Emphasis Panel—F04A Name of Committee: Center for Scientific This notice is being published less than 15 Chemical and Bioanalytical Studies Review Special Emphasis Panel, ZRG1 CNNT days prior to the meeting due to the timing Fellowship SEP. O1S: Clinical Neuroplasticity and limitations imposed by the review and Date: March 11–12, 2004. Neurotransmitters. funding cycle. Time: 8 a.m. to 6 p.m. Date: February 25–27, 2004. Name of Committee: Center for Scientific Agenda: To review and evaluate grant Time: 7 p.m. to 5 p.m. Review Special Emphasis Panel, Infant and applications. Agenda: To review and evaluate grant Child Development. Place: The Churchill Hotel, 1914 applications. Date: March 8, 2004. Connecticut Avenue, NW., Kalorama East Place: St. Gregory Hotel, 2033 M Street, Time: 3:30 p.m. to 4:30 p.m. Room, Washington, DC 20009. NW., Washington, DC 20036. Agenda: To review and evaluate grant Contact Person: Janet Nelson, Ph.D., Contact Person: William C. Benzing, Ph.D., applications. Scientific Review Administrator, Center for Scientific Review Administrator, Center for Place: National Institutes of Health, 6701 Scientific Review, National Institutes of Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892, Health, 6701 Rockledge Drive, Room 4168, Health, 6701 Rockledge Drive, Room 5190, (Telephone Conference Call). MSC 7806, Bethesda, MD 20892, 301–435– MSC 7846, Bethesda, MD 20892, 301–435– Contact Person: Cheri Wiggs, Ph.D., 1723, [email protected]. 1254, [email protected]. Scientific Review Administrator, Center for Name of Committee: Center for Scientific This notice is being published less than 15 Scientific Review, National Institutes of Review Special Emphasis Panel, Biodata days prior to the meeting due to the timing Health, 6701 Rockledge Drive, Room 3180, Management and Analysis. limitations imposed by the review and MSC 7848, Bethesda, MD 20892, (301) 435– Date: March 15–16, 2004. funding cycle. 1261. Time: 8 a.m. to 3 p.m.

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Agenda: To review and evaluate grant Name of Committee: Center for Scientific Contact Person: Karin F. Helmers, Ph.D., applications. Review Special Emphasis Panel, Scientific Review Adminstrator, Center for Place: St. Gregory Hotel, 2033 M Street, Psychopathology and Behavioral Disorders. Scientific Review, National Institutes of NW., Washington, DC 20036. Date: March 15, 2004. Health, 6701 Rockledge Drive, Room 3166, Contact Person: George W. Chacko, Ph.D., Time: 1 p.m. to 2 p.m. MSC 7770, Bethesda, MD 20892, (301) 435– Scientific Review Administrator, Center for Agenda: To review and evaluate grant 1017, [email protected]. Scientific Review, National Institutes of applications. Name of Committee: Center for Scientific Health, 6701 Rockleldge Drive, Room 4186, Place: National Institutes of Health, 6701 Review Special Emphasis Panel, MSC 7849, Bethesda, MD 20892, 301–435– Rockledge Drive, Bethesda, MD 20892, Hematopoietic Stem Cells. 1220, [email protected]. (Telephone Conference Call). Date: March 16, 2004. Contact Person: Cheri Wiggs, Ph.D., Name of Committee: Musculoskeletal, Oral Time: 1 p.m. to 2 p.m. Scientific Review Administrator, Center for Agenda: To review and evaluate grant and Skin Sciences Integrated Review Group, Scientific Review, National Institutes of Skeletal Muscle Biology and Exercise applications. Health, 6701 Rockledge Drive, Room 3180, Place: National Institutes of Health, 6701 Physiology Study Section. MSC 7848, Bethesda, MD 20892, (301) 435– Date: March 15–16, 2004. Rockledge Drive, Bethesda, MD 20892, 1261. (Telephone Conference Call). Time: 8:30 a.m. to 5 p.m. Name of Committee: Center for Scientific Agenda: To review and evaluate grant Contact Person: Chhanda L. Ganguly, Review Special Emphasis Panel, ZGR1 Ph.D., Scientific Review Administrator, applications. Biomedical Information Science and Center for Scientific Review, National Place: One Washington Circle Hotel, One Technology. Institutes of Health, 6701 Rockledge Drive, Washington Circle, Washington, DC 20037. Date: March 16, 2004. Room 4118, MSC 7802, Bethesda, MD 20892, Contact Person: Richard J. Bartlett, Time: 8 a.m. to 5:30 p.m. (301) 435–1739, [email protected]. Scientific Review Administrator, Center for Agenda: To review and evaluate grant Name of Committee: Center for Scientific Scientific Review, National Institutes of applications. Review Special Emphasis Panel, LAM: Health, 6701 Rockledge Drive, Room 4110, Place: Swissotel Washington, The Cognitive Processes. MSC 7814, Bethesda, MD 20892, 301–435– Watergate, 2650 Virginia Avenue, NW., Date: March 16, 2004. 6809, [email protected]. Washington, DC 20037. Time: 1 p.m. to 2:30 p.m. Contact Person: Marc Rigas, Ph.D., Name of Committee: Center for Scientific Agenda: To review and evaluate grant Scientific Review Administrator, Center for Review Special Emphasis Panel, Host applications. Scientific Review, National Institutes of Genetics of Viral Pathogenesis. Place: National Institutes of Health, 6701 Health, 6701 Rockledge Drive, Rm. 4194, Date: March 15, 2004. Rockledge Drive, Bethesda, MD 20892, MSC 7826, Bethesda, MD 20892–7826, Time: 10 a.m. to 11:30 p.m. (Telephone Conference Call). Bethesda, MD 20892–7826, 301–402–1074, Agenda: To review and evaluate grant Contact Person: John Bishop, Ph.D., [email protected]. applications. Scientific Review Administrator, Center for Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892, Review Special Emphasis Panel, Health, 6701 Rockledge Drive, Room 5180, (Telephone Conference Call). Technological Innovation in Pediatric MSC 7844, Bethesda, MD 20892, (301) 435– Contact Person: Robert Freund, Ph.D., Critical Care and Rehabilitation. 1250. Scientific Review Administrator, Center for Date: March 16, 2004. Time: 8:30 a.m. to 6 p.m. Name of Committee: Center for Scientific Scientific Review, National Institutes of Review Special Emphasis Panel, ZRG1 IFCN– Health, 6701 Rockledge Drive, Room 3200, Agenda: To review and evaluate grant applications. D–03 Neurophysiological Actions of ETOH. MSC 7848, Bethesda, MD 20892, 301–435– Date: March 16, 2004. 1050, [email protected]. Place: The Watergate, 2650 Virginia Avenue, NW., Washington, DC 20037. Time: 2 p.m. to 4:30 p.m. Name of Committee: Center for Scientific Contact Person: Maribeth Champoux, Agenda: To review and evaluate grant Review Special Emphasis Panel, Cell Cycle Ph.D., Scientific Review Administrator, applications. Regulation by Adenovirus. Center for Scientific Review, National Place: National Institutes of Health, 6701 Date: March 15, 2004. Institutes of Health, 6701 Rockledge Drive, Rockledge Drive, Bethesda, MD 20892, Time: 11 a.m. to 1 p.m. Room 3146, MSC 7759, Bethesda, MD 20892, (Telephone Conference Call). Agenda: To review and evaluate grant 301–594–3163, [email protected]. Contact Person: Gamil C. Debbas, Ph.D., applications. Scientific Review Administrator, Center for Name of Committee: Center for Scientific Place: National Institutes of Health, 6701 Scientific Review, National Institutes of Review Special Emphasis Panel, ZRG1 Rockledge Drive, Bethesda, MD 20892, Health, 6701 Rockledge Drive, Room 5170, BBBP–H (29) Minority/Disability Predoctoral (Telephone Conference Call). MSC 7844, Bethesda, MD 20892, (301) 435– Fellowship Reviews. Contact Person: Joseph D. Mosca, Ph.D., 1018, [email protected]. Date: March 16–17, 2004. Scientific Review Administrator, Center for Time: 8:30 a.m. to 5 p.m. Name of Committee: Center for Scientific Scientific Review, National Institutes of Agenda: To review and evaluate grant Review Special Emphasis Panel, Health, 6701 Rockledge Drive, Room 5158, applications. Erythropoietin Pharmacology. MSC 7808, Bethesda, MD 20892, (301) 435– Place: Holiday Inn Select Bethesda, 8120 Date: March 16, 2004. 2344, [email protected]. Wisconsin Ave., Bethesda, MD 20814. Time: 4 p.m. to 5 p.m. Name of Committee: Center for Scientific Contact Person: Mary Sue Krause, MED, Agenda: To review and evaluate grant Review Special Emphasis Panel, Scientific Review Administrator, Center for applications. Somatosensory Member Conflicts SEP. Scientific Review, National Institutes of Place: National Institutes of Health, 6701 Date: March 15, 2004. Health, 6701 Rockledge Drive, Room 3182, Rockledge Drive, Bethesda, MD 20892, Time: 11 a.m. to 12:30 p.m. MSC 7848, Bethesda, MD 20892, 301–435– (Telephone Conference Call). Agenda: To review and evaluate grant 0902, [email protected]. Contact Person: Joyce C. Gibson, DSC, applications. Name of Committee: Center for Scientific Scientific Review Administrator, Center for Place: National Institutes of Health, 6701 Review Special Emphasis Panel, Member Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892, Conflicts for SSPS–B. Health, 6701 Rockledge Drive, Room 4130, (Telephone Conference Call). Date: March 16, 2004. MSC 7814, Bethesda, MD 20892, (301) 435– Contact Person: Joseph G. Rudolph, Ph.D., Time: 10 a.m. to 11 a.m. 4522, [email protected].. Scientific Review Administrator, Center for Agenda: To review and evaluate grant Name of Committee: Genetic Sciences Scientific Review, National Institutes of applications. Integrated Review Group, Ethical, Legal, and Health, 6701 Rockledge Drive, Room 5186, Place: National Institutes of Health, 6701 Social Implications of Human Genetics. MSC 7844, Bethesda, MD 20892, 301–435– Rockledge Drive, Bethesda, MD 20892, Date: March 17–18, 2004. 2212, [email protected]. (Telephone Conference Call). Time: 8:30 a.m. to 3 p.m.

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Agenda: To review and evaluate grant Agenda: To review and evaluate grant Dated: February 17, 2004. applications. applications. LaVerne Y. Stringfield, Place: Holiday Inn Chevy Chase, 5520 Place: Wyndham City Center, 1143 New Director, Office of Federal Advisory Wisconsin Avenue, Chevy Chase, MD 20815. Hampshire Avenue, Washington, DC 20036. Committee Policy. Contact Person: Cheryl M. Corsaro, Ph.D., Contact Person: Jean D. Sipe, Ph.D., Scientific Review Administrator, Genetic Scientific Review Administrator, Center for [FR Doc. 04–3901 Filed 2–23–04; 8:45 am] Sciences IRG, Center for Scientific Review, Scientific Review, National Institutes of BILLING CODE 4140–01–M National Institutes of Health, 6701 Rockledge Health, 6701 Rockledge Drive, Room 4106, Drive, Room 2204, MSC 7890, Bethesda, MD MSC 7814, Bethesda, MD 20892, (301) 435– 20892, (301) 435–1045, [email protected]. 1743, [email protected]. DEPARTMENT OF HEALTH AND Name of Committee: Center for Scientific Name of Committee: Center for Scientific HUMAN SERVICES Review Special Emphasis Panel, ZRG1 SSS– Review Special Emphasis Panel, Adenylyl M 52R: PAR–03–032: Tissue Engineering Cyclase. National Institutes of Health Bioengineering Research Partnerships. Date: March 17, 2004. Date: March 17, 2004. Time: 4 p.m. to 5 p.m. Center for Scientific Review; Amended Time: 8:30 a.m. to 1:30 p.m. Agenda: To review and evaluate grant Notice of Meeting Agenda: To review and evaluate grant applications. applications. Place: National Institutes of Health, 6701 Notice is hereby given of a change in Place: Wyndham City Center, 1143 New Rockledge Drive, Bethesda, MD 20892, the meeting of the Center for Scientific Hampshire Avenue, NW., Washington, DC (Telephone Conference Call). 20036. Review Special Emphasis Panel, March Contact Person: Joyce C. Gibson, DSC, 3, 2004, 7:30 a.m. to March 5, 2004, 3 Contact Person: Jean D. Sipe, Ph.D., Scientific Review Administrator, Center for Scientific Review Administrator, Center for Scientific Review, National Institutes of p.m., Four Points by Sheraton Bethesda, Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4130, 8400 Wisconsin Avenue, Bethesda, MD Health, 6701 Rockledge Drive, Room 4106, MSC 7814, Bethesda, MD 20892, (301) 435– 20814 which was published in the MSC 7814, Bethesda, MD 20892, (301) 435– 4522, [email protected]. Federal Register on February 10, 2004, 1743, [email protected]. (Catalogue of Federal Domestic Assistance 69 FR 6314–6317. Name of Committee: Center for Scientific The meeting will be held March 4, Review Special Emphasis Panel, ZRG1 BPC– Program Nos. 93.306, Comparative Medicine; F (40) P Helix Interactions in the Membrane 93.333, Clinical Research, 93.306, 93.333, 2004 to March 5, 2004, from 8:30 a.m. Protein Interactome. 93.337, 93.393–396, 93.837–93.844, 93.846– to 3 p.m. The location remains the same. Date: March 17, 2004. 93.878, 93.892, 93.893, National Institutes of The meeting is closed to the public. Health, HHS) Time: 9 a.m. to 5 p.m. Dated: February 17, 2004. Agenda: To review and evaluate grant Dated: February 17, 2004. LaVerne Y. Stringfield, applications. LaVerne Y. Stringfield, Place: Holiday Inn Select Bethesda, 8120 Director, Office of Federal Advisory Director, Office of Federal Advisory Committee Policy. Wisconsin Ave., Bethesda, MD 20814. Committee Policy. Contact Person: Robert Lees, Ph.D., [FR Doc. 04–3902 Filed 2–23–04; 8:45 am] [FR Doc. 04–3900 Filed 2–23–04; 8:45 am] Scientific Review Administrator, Center for BILLING CODE 4140–01–M Scientific Review, National Institutes of BILLING CODE 4140–01–M Health, 6701 Rockledge Drive, Room 4182, MSC 7806, Bethesda, MD 20892, (301) 435– 2684, [email protected]. DEPARTMENT OF HEALTH AND DEPARTMENT OF HOMELAND HUMAN SERVICES Name of Committee: Center for Scientific SECURITY Review Special Emphasis Panel, tRNAs and National Institutes of Health Pathogenesis. Bureau of Customs and Border Date: March 17, 2004. Time: 2 p.m. to 4 p.m. Center for Scientific Review; Amended Protection Agenda: To review and evaluate grant Notice of Meeting applications. Notice of Cancellation of Customs Place: National Institutes of Health, 6701 Notice is hereby given of a change in Broker Permit Rockledge Drive, Bethesda, MD 20892, the meeting of the Center for Scientific (Telephone Conference Call). Review Special Emphasis Panel, March AGENCY: Bureau of Customs and Border Contact Person: Rolf Menzel, Ph.D., 5, 2004, 10:30 a.m. to March 5, 2004, 5 Protection, U.S. Department of Scientific Review Administrator, Center for p.m., Bethesda Marriott Suites, 6711 Homeland Security. Scientific Review, National Institutes of Democracy Boulevard, Bethesda, MD ACTION: General notice. Health, 6701 Rockledge Drive, Room 3196, MSC 7808, Bethesda, MD 20892, (301) 435– 20817 which was published in the 0952, [email protected]. Federal Register on February 10, 2004, SUMMARY: Pursuant to section 641 of the Tariff Act of 1930, as amended, (19 Name of Committee: Center for Scientific 69 FR 6314–6317. Review Special Emphasis Panel, ZRG1 SSS– The starting time of the meeting has U.S.C. 1641) and the Customs M 01Q: Reparative Medicine Study Section. been changed to 9:30 a.m. The date and Regulations (19 CFR 111.51), the Date: March 17–18, 2004. location remain the same. The meeting following Customs broker local permits Time: 4 p.m. to 5 p.m. is closed to the public. are canceled without prejudice.

Name Permit No. Issuing port

ABX Logistics USA Inc...... 055 ...... Great Falls. GPS Customers House Brokerage Inc...... 28–03–W22 ...... San Francisco. Allstates Customs Brokerage Inc...... 00–17–009 ...... Atlanta. Su Mei-Hsia Sun ...... 28–01–NK1 ...... San Francisco.

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Dated: February 13, 2004. DEPARTMENT OF HOMELAND ACTION: General notice. Jayson P. Ahern, SECURITY Assistant Commissioner, Office of Field SUMMARY: Pursuant to section 641 of the Operations. Bureau of Customs and Border Tariff Act of 1930, as amended, (19 Protection [FR Doc. 04–4013 Filed 2–23–04; 8:45 am] U.S.C. 1641) and the Customs BILLING CODE 4820–02–P Notice of Cancellation of Customs Regulations (19 CFR 111.51), the Broker National Permit following Customs broker national permits are canceled without prejudice. AGENCY: Bureau of Customs and Border Protection, U.S. Department of Homeland Security.

Name Permit No. Issuing port

Capin Vyborny Inc ...... 99–00570 ...... Headquarters. Allstates Customs Brokerage Inc ...... 99–00180 ...... Headquarters. Su Mei-Hsia Sun ...... 99–00282 ...... Headquarters. UPS Customhouse Brokerage Inc ...... 99–00068 ...... Headquarters. Freight Brokers International Inc ...... 99–00017 ...... Headquarters. Ameri-Can Customhouse Brokers Inc ...... 99–00196 ...... Headquarters. ADESA Importation Services Inc ...... 99–00428 ...... Headquarters.

Dated: February 13, 2004. DEPARTMENT OF HOMELAND ACTION: General notice. Jayson P. Ahern, SECURITY Assistant Commissioner, Office of Field SUMMARY: The following Customs broker Operations. Bureau of Customs and Border license was erroneously included in a Protection [FR Doc. 04–4011 Filed 2–23–04; 8:45 am] list of revoked Customs broker licenses. BILLING CODE 4820–02–P Retraction of Revocation Notice

AGENCY: Bureau of Customs and Border Protection, U.S. Department of Homeland Security.

Name License Port name

Robert S. Leclair ...... 11499 Providence.

Customs broker license No. 11499 DEPARTMENT OF HOMELAND ACTION: General notice. remains valid. SECURITY Dated: February 13, 2004. SUMMARY: Pursuant to section 641 of the Bureau of Customs and Border Tariff Act of 1930, as amended, (19 Jayson P. Ahern, Protection U.S.C. 1641) and the Customs Assistant Commissioner, Office of Field Regulations (19 CFR 111.51), the Operations. Notice of Cancellation of Customs following Customs broker license are [FR Doc. 04–4014 Filed 2–23–04; 8:45 am] Broker License canceled without prejudice. BILLING CODE 4820–02–P AGENCY: Bureau of Customs and Border Protection, U.S. Department of Homeland Security.

Name License No. Issuing port

UPS Customhouse Brokerage Inc...... 09555 Cleveland. Freight Brokers International Inc...... 03477 New York. Ameri-Can Customhouse Brokers Inc...... 10765 Buffalo. Capin Brokerage Inc...... 13016 Nogales. ADESA Importation Services Inc...... 21103 Detroit.

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Dated: February 13, 2004. ACTION: Notice and request for OMB Number: 1660–0005. Jayson P. Ahern, comments. Abstract: The claims forms used for Assistant Commissioner, Office of Field the National Flood Insurance Program Operations. SUMMARY: The Federal Emergency (NFIP) are used by policyholders and [FR Doc. 04–4012 Filed 2–23–04; 8:45 am] Management Agency (FEMA) has adjusters to collect the information BILLING CODE 4820–02–P submitted the following information needed to investigate, document, collection to the Office of Management evaluate, and settle claims against and Budget (OMB) for review and National Flood Insurance Program DEPARTMENT OF HOMELAND clearance in accordance with the policies for flood damage to their SECURITY requirements of the Paperwork insured property or qualification for Reduction Act of 1995 (44 U.S.C. Federal Emergency Management benefits under Increased Cost of Chapter 35). The submission describes Compliance coverage. Agency the nature of the information collection, the categories of respondents, the Affected Public: Individuals or Agency Information Collection estimated burden (i.e., the time, effort Households, Business or Other for Activities: Submission for OMB review; and resources used by respondents to Profit, Non-for-Profit Institutions, comment request respond) and cost, and includes the Farms, Federal Government, State, Local or Tribal Government. AGENCY: Federal Emergency actual data collection instruments Management Agency, Emergency FEMA will use. Number of Respondents: 5,000. Preparedness and Response Directorate, Title: Claims for National Flood Estimated Total Annual Burden U.S. Department of Homeland Security. Insurance Program (NFIP). Hours:

TABLE 1.—ANNUAL BURDEN HOURS

Frequency Burden Total annual No. of re- of re- hours per Annual re- burden Forms spondents sponses respondent sponses hours (A) (B) (C) (D) (AxBxC)

FEMA Form: 81–40 ...... 5000 1 2.50 2100 5,250 81–41 ...... 5000 1 2.50 3300 8,250 81–41A ...... 5000 1 1.00 3500 3,500 81–42 ...... 5000 1 0.08 3500 280 81–42A ...... 5000 1 2.00 260 520 81–43 ...... 5000 1 0.07 3500 245 81–44 ...... 5000 1 0.10 1000 100 81–57 ...... 5000 1 0.07 3500 245 81–58 ...... 5000 1 0.07 3500 245 81–59 ...... 5000 1 0.08 2000 160 81–63 ...... 5000 1 1.00 350 350 81–96 ...... 5000 1 0.50 200 100 81–98 ...... 5000 1 0.42 260 109 81–109 ...... 5000 1 0.25 500 125 81–110 ...... 5000 1 0.25 500 125

Total ...... 5,000 1 ...... 27,970 19,604 (1) Estimated number of policyholders who will file insurance claims due to flood damage per claims’ historical trend. (2) Estimated number of responses factoring in respondents not filling all forms.

Frequency of Response: On Occasion. Washington, DC 20472, facsimile DEPARTMENT OF HOMELAND Comments: Interested persons are number (202) 646–3347, or email SECURITY invited to submit written comments on address the proposed information collection to [email protected]. Federal Emergency Management the Office of Information and Regulatory Agency Affairs at OMB, Attention: Desk Officer Dated: February 18, 2004. for the Department of Homeland Edward W. Kernan, Agency Information Collection Security/FEMA at email address Division Director, Information Resources Activities: Proposed Collection; [email protected] or facsimile number Management Division, Information Comment Request Technology Services Directorate. (202) 395–7285. Comments must be AGENCY: Federal Emergency submitted on or before March 25, 2004. [FR Doc. 04–3895 Filed 2–23–04; 8:45 am] Management Agency, Emergency In addition, interested persons may also BILLING CODE 9110–11–P Preparedness and Response Directorate, send comments to FEMA (see contact U.S. Department of Homeland Security. information below). ACTION: Notice and request for FOR FURTHER INFORMATION CONTACT: comments. Requests for additional information or copies of the information collection SUMMARY: The Federal Emergency should be made to Muriel B. Anderson, Management Agency (FEMA), as part of Chief, Records Management Branch, its continuing effort to reduce FEMA at 500 C Street, SW., Room 316, paperwork and respondent burden,

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invites the general public and other (42 U.S.C. Section 247d–7b) and Title III Credentialing System On-Line Federal agencies to take this of the Public Health Act, Section 107, Application. opportunity to comment on a proposed Emergency System for Advance Abstract: FEMA will collect new information collection. In Registration of Health Professions information conducive to the accordance with the Paperwork Volunteers (Part B of Title III, as verification and credentialing of Reduction Act of 1995 (44 U.S.C. amended by Sections 319 H and 319 I, volunteer health care providers for the 3506(c)(2)(A)), this notice seeks Emergency System for Verification of NDMS. The credentialing process is comments on the National Disaster Credentials of Health Professions aimed at securing a qualified and Medical System (NDMS) Credential File Volunteers). Congress has mandated competent medical response force. and Database Tracking System. This that FEMA establish a credentialing Participation is voluntary. However, system will be used to collect data program and system to ensure that all refusal by a team member or an through an on-line application for the health care professionals who volunteer applicant to provide personal, purpose of verifying credentials, for participation in the NDMS are educational, and training information licenses, and accreditation of health credentialed, accredited, and licensed. will result in their credentials not being professional volunteers. Collection of Information verified and authenticated, thus rendering them ineligible to serve. SUPPLEMENTARY INFORMATION: The Title: National Disaster Medical information collection will be System (NDMS) Credential File and Affected Public: Individuals and conducted pursuant to the requirements Database Tracking System. households—volunteer individuals in of Public Law 107–188, The Public OMB Number: 1660–NEW3. health care and related occupations. Health Security and Bioterrorism Form Numbers: E-Form 90–136, Estimated Total Annual Burden Preparedness and Response Act of 2002 Office of Emergency Response Hours: 13,584.

Frequency of re- Hours per re- Annual burden FEMA forms No. of respondents sponse sponse hours (A) (B) (C) (A × B × C)

On-line ...... 750 Medical Doctors ...... 1 3 2,250 On-line ...... 5,667 Others ...... 1 2(1) 11,334

Total ...... 6,417 ...... 1 ...... 13,584 (1) Average of 1–3 hours based on occupation-specific requested information.

Estimated Cost to Respondents: There responses. Comments must be received DEPARTMENT OF HOMELAND is no capital or start-up cost to on or before April 26, 2004. SECURITY respondents resulting from this ADDRESSES: information collection other than the Interested persons should Federal Emergency Management wage rate equivalent for time spent submit written comments on the Agency filling out the application form. Based proposed information collection to on a pay scale ranging from GS–05 to Muriel B. Anderson, Chief, Records [FEMA–1507–DR] GS–15 and average completion time of Management Branch, FEMA at 500 C 2.5 hours, the cost per respondent to Street, SW., Room 316, Washington, DC Ohio; Amendment No. 3 to Notice of a provide the information averages $34 20472, facsimile number (202) 646– Major Disaster Declaration per hour. The total estimated annual 3347, or email address cost to respondents for this information [email protected]. AGENCY: Federal Emergency collection is $461,856. Management Agency, Emergency Estimated Cost to the Agency: $1.48 FOR FURTHER INFORMATION CONTACT: Preparedness and Response Directorate, million over a 3-year period, which Contact CAPT Ana Marie Balingit- Department of Homeland Security. averages $493,333 per year. Wines, Credentialing Program Manager, ACTION: Notice. Comments: Written comments are FEMA/NDMS at 301–443–2057. You solicited to (a) evaluate whether the may contact Ms. Anderson for copies of SUMMARY: This notice amends the notice proposed data collection is necessary for the proposed information collection (see of a major disaster declaration for the the proper performance of the agency, addressee information above). State of Ohio (FEMA–1507–DR), dated including whether the information shall Dated: February 10, 2004. January 26, 2004, and related have practical utility; (b) evaluate the determinations. accuracy of the agency’s estimate of the Edward W. Kernan, EFFECTIVE DATE: February 13, 2004. burden of the proposed collection of Division Director, Information Resources information, including the validity of Management Division, Information FOR FURTHER INFORMATION CONTACT: the methodology and assumptions used; Technology Services Directorate. Magda Ruiz, Recovery Division, Federal (c) enhance the quality, utility, and [FR Doc. 04–3896 Filed 2–23–04; 8:45 am] Emergency Management Agency, clarity of the information to be BILLING CODE 9110–09–P Washington, DC 20472, (202) 646–2705. collected; and (d) minimize the burden SUPPLEMENTARY INFORMATION: The notice of the collection of information on those of a major disaster declaration for the who are to respond, including through State of Ohio is hereby amended to the use of appropriate automated, include the following area among those electronic, mechanical, or other areas determined to have been adversely technological collection techniques or affected by the catastrophe declared a other forms of information technology, major disaster by the President in his e.g., permitting electronic submission of declaration of January 26, 2004:

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Belmont County for Individual Assistance available for these purposes, such amounts as DEPARTMENT OF HOUSING AND (already designated for Public Assistance.) you find necessary for Federal disaster URBAN DEVELOPMENT (The following Catalog of Federal Domestic assistance and administrative expenses. Assistance Numbers (CFDA) are to be used You are authorized to provide Public [Docket No. FR–4903–N–7] for reporting and drawing funds: 97.030, Assistance in the designated areas and Community Disaster Loans; 97.031, Cora Notice of Submission of Proposed Hazard Mitigation throughout the State, and Brown Fund Program; 97.032, Crisis Information Collection to OMB: HUD Counseling; 97.033, Disaster Legal Services any other forms of assistance under the Stafford Act you may deem appropriate. Initiative for the Removal Regulatory Program; 97.034, Disaster Unemployment Barriers Assistance (DUA); 97.046, Fire Management Consistent with the requirement that Federal Assistance; 97.048, Individual and assistance be supplemental, any Federal AGENCY: Office of the Chief Information Household Housing; 97.049, Individual and funds provided under the Stafford Act for Officer, HUD. Household Disaster Housing Operations; Public Assistance and Hazard Mitigation will ACTION: Notice. 97.050 Individual and Household Program- be limited to 75 percent of the total eligible Other Needs, 97.036, Public Assistance costs. If Other Needs Assistance under SUMMARY: The proposed information Grants; 97.039, Hazard Mitigation Grant Section 408 of the Stafford Act is later collection requirement described below Program.) requested and warranted, Federal funding has been submitted to the Office of Michael D. Brown, under that program will also be limited to 75 Management and Budget (OMB) for Under Secretary, Emergency Preparedness percent of total eligible costs. review, as required by the Paperwork and Response, Department of Homeland Further, you are authorized to make changes Reduction Act. The Department is Security. to this declaration to the extent allowable soliciting public comments on the [FR Doc. 04–3897 Filed 2–23–04; 8:45 am] under the Stafford Act. subject proposal. This information collection is in BILLING CODE 9110–10–P The Federal Emergency Management support of HUD’s America’s Affordable Agency (FEMA) hereby gives notice that Communities Initiative focusing on pursuant to the authority vested in the DEPARTMENT OF HOMELAND regulatory barriers that impede the Under Secretary for Emergency SECURITY production of affordable housing. Preparedness and Response, Department of Homeland Security, under Executive DATES: Comments Due Date: March 25, Federal Emergency Management 2004. Agency Order 12148, as amended, Carlos Mitchell, of FEMA is appointed to act as ADDRESSES: Interested persons are [FEMA–1509–DR] the Federal Coordinating Officer for this invited to submit comments regarding declared disaster. this proposal. Comments should refer to South Carolina; Major Disaster and the proposal by name and should be Related Determinations I do hereby determine the following sent to: HUD Desk Officer, Office of areas of the State of South Carolina to AGENCY: Federal Emergency Management and Budget, Room 10235, have been affected adversely by this New Executive Office Building, Management Agency, Emergency declared major disaster: Preparedness and Response Directorate, Washington, DC 20503; Fax number Department of Homeland Security. Aiken, Bamberg, Barnwell, Calhoun, (202) 395–6974; e-mail Clarendon, Edgefield, Florence, Horry, _ ACTION: Notice. Melanie [email protected]. Kershaw, Lexington, Marion, McCormick, FOR FURTHER INFORMATION CONTACT: Newberry, Orangeburg, Richland, Sumter, SUMMARY: This is a notice of the Wayne Eddins, Reports Management Presidential declaration of a major and Williamsburg Counties for Public Assistance. Officer, AYO, Department of Housing disaster for the State of South Carolina and Urban Development, 451 Seventh (FEMA–1509–DR), dated February 13, All counties within the State of South Street, Southwest, Washington, DC 2004, and related determinations. Carolina are eligible to apply for 20410; e-mail [email protected]; EFFECTIVE DATE: February 13, 2004. assistance under the Hazard Mitigation telephone (202) 708–2374. This is not a FOR FURTHER INFORMATION CONTACT: Grant Program. toll-free number. Copies of the proposed Magda Ruiz, Recovery Division, Federal forms and other available documents (The following Catalog of Federal Domestic Emergency Management Agency, submitted to OMB may be obtained Washington, DC 20472, (202) 646–2705. Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, from Mr. Eddins. SUPPLEMENTARY INFORMATION: Notice is Community Disaster Loans; 97.031, Cora SUPPLEMENTARY INFORMATION: The hereby given that, in a letter dated Brown Fund Program; 97.032, Crisis Department has submitted the proposal February 13, 2004, the President Counseling; 97.033, Disaster Legal Services for the collection of information, as declared a major disaster under the Program; 97.034, Disaster Unemployment described below, to OMB for review, as authority of the Robert T. Stafford Assistance (DUA); 97.046, Fire Management required by the Paperwork Reduction Disaster Relief and Emergency Assistance; 97.048, Individual and Act (44 U.S.C. Chapter 35). The Notice Assistance Act, 42 U.S.C. 5121–5206 Household Housing; 97.049, Individual and lists the following information: (1) The (the Stafford Act), as follows: Household Disaster Housing Operations; title of the information collection I have determined that the damage in certain 97.050 Individual and Household Program- proposal; (2) the office of the agency to areas of the State of South Carolina, resulting Other Needs, 97.036, Public Assistance collect the information; (3) the OMB from a severe ice storm on January 26–30, Grants; 97.039, Hazard Mitigation Grant approval number, if applicable; (4) the 2004, is of sufficient severity and magnitude Program.) description of the need for the to warrant a major disaster declaration under information and its proposed use; (5) the Robert T. Stafford Disaster Relief and Michael D. Brown, the agency form number, if applicable; Emergency Assistance Act, 42 U.S.C. 5121– Under Secretary, Emergency Preparedness (6) what members of the public will be 5206 (the Stafford Act). I, therefore, declare and Response, Department of Homeland that such a major disaster exists in the State affected by the proposal; (7) how Security. of South Carolina. frequently information submissions will In order to provide Federal assistance, you [FR Doc. 04–3898 Filed 2–23–04; 8:45 am] be required; (8) an estimate of the total are hereby authorized to allocate from funds BILLING CODE 9110–10–P number of hours needed to prepare the

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information submission including This Notice also lists the following regulatory barriers that impede the number of respondents, frequency of information: production of affordable housing. It is response, and hours of response; (9) Title of Proposal: HUD Initiative for intended to promote efforts by State and whether the proposal is new, an the Removal Regulatory Barriers. local governments, and to provide for extension, reinstatement, or revision of OMB Approval Number: 2510- incentives, to remove regulatory barriers an information collection requirement; pending. to affordable housing. Form Numbers: To be assigned. and (10) the contact information of an Description of the Need for the Respondents: Not-for-profit agency official familiar with the Information and Its Proposed Use: This institutions, State, Local or Tribal proposal and the OMB Desk Officer for information collection is in support of Government, and Business or other for- the Department. HUD’s America’s Affordable profit. Communities Initiative focusing on Frequency of Submission: Once.

Number of Annual × Hours per respondents responses response = Burden hours

Reporting Burden: ...... 8,000 1 1.5 12,000

Total Estimated Burden Hours: Urban Development, 451 7th Street, technology; e.g., permitting electronic 12,000. SW., Room 4116, Washington, DC submission of responses. Status: Proposed new information 20410–5000. This Notice also lists the following collection. FOR FURTHER INFORMATION CONTACT: information: Authority: Section 3507 of the Paperwork Sherry F. McCown, (202) 708–0614, Title of Proposal: Comprehensive Reduction Act of 1995, 44 U.S.C. 35, as extension 7651. (This is not a toll-free Improvement Assistance Program amended. number). (CIAP); Budget/Progress Report, Actual Dated: February 13, 2004. SUPPLEMENTARY INFORMATION: The Modernization Cost Certificate. Department will submit the proposed Wayne Eddins, OMB Control Number: 2577–0044. information collection to OMB for Departmental Reports Management Officer, Description of the need for the Office of the Chief Information Officer. review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. information and proposed use: When [FR Doc. 04–3911 Filed 2–23–04; 8:45 am] Chapter 35, as amended). requested by HUD, grantees must BILLING CODE 4210–72–P Public Housing Agencies (PHAs) will prepare the CIAP Budget for the continue to submit to HUD Form HUD– modernization program, describing the activities which are planned to be DEPARTMENT OF HOUSING AND 52825, CIAP Budget, and Form HUD– undertaken with CIAP funds. On an as- URBAN DEVELOPMENT 53001, Actual Modernization Cost Certificate (AMCC) under terms of the needed basis, grantees can submit a [Docket No. FR–4910–N–04] grant. The HUD–52825 covers all revised CIAP Budget when prior HUD developments being funded in the approval is required to revise the Notice of Proposed Information modernization program for the current Budget. Grantees prepare and submit Collection for Public Comment for the FFY. The HUD–52825 is the controlling the Progress Report until all funds are Comprehensive Improvement document during implementation in expended. Grantees prepare and submit Assistance Program (CIAP); Budget/ terms of HUD-approved work items and the Actual Modernization Cost Progress Report, Actual Modernization costs. The HUD–52825 is a combined Certificate (AMCC) for each terminated Cost Certificate Budget/Progress Report. The HUD– or completed modernization program under CIAP. The CIAP Budget and AGENCY: Office of the Assistant 53001 is required for fiscal closeout of Secretary for Public and Indian a completed or terminated program. The Progress Report are the controlling Housing, HUD. PHA submits the AMCC to HUD when documents during implementation, in all funds have been expended and all terms of HUD-approved work items and ACTION: Notice. contractor liens have been released. costs. This Notice is soliciting comments SUMMARY: The proposed information Agency form numbers, if applicable: collection requirement described below from members of the public and affected HUD–52825; HUD–53001. agencies concerning the proposed will be submitted to the Office of Members of affected public: Local, Management and Budget (OMB) for collection of information to: (1) Evaluate whether the proposed collection of State, or Tribal Governments, and Not- review, as required by the Paperwork for-profit institutions. Reduction Act. The Department is information is necessary for the proper performance of the functions of the Estimation of the total number of soliciting public comments on the hours needed to prepare the information subject proposal. agency, including whether the information will have practical utility; collection including number of DATES: Comments Due Date: April 26, (2) evaluate the accuracy of the agency’s respondents, frequency of response, and 2004. estimate of the burden of the proposed hours of response: 1,000 respondents ADDRESSES: Interested persons are collection of information; (3) enhance (grantees); HUD–52825, one response invited to submit comments regarding the quality, utility, and clarity of the per year; eight hours per response; 8,000 this proposal. Comments should refer to information to be collected; and (4) hours reporting; HUD–53001, one the proposal by name and/or OMB minimize the burden of the collection of response per year; two hours per Control number and should be sent to: information on those who are to response, 2,000 hours reporting; 10,000 Sherry F. McCown, Acting Reports respond, including through the use of hours total reporting burden. Liaison Officer, Public and Indian appropriate automated collection Status of the proposed information Housing, Department of Housing and techniques or other forms of information collection: Extension.

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Authority: Section 3506 of the Paperwork of the United States Courts, Washington, 1 thereafter, the Judicial Conference of Reduction Act of 1995, 44 U.S.C. Chapter 35, DC 20544, telephone (202) 502–1900. the United States shall publish in the as amended. SUPPLEMENTARY INFORMATION: Section Federal Register the dollar amounts that Dated: February 18, 2004. 108 of the Bankruptcy Reform Act of will become effective on such April 1 Michael Liu, 1994 established the mechanism for the under sections 109(e), 303(b), 507(a), Assistant Secretary for Public and Indian automatic 3-year adjustment of dollar 522(d), and 523(a)(2)(C) [of the Housing. amounts in certain sections of the Bankruptcy Code]. [FR Doc. 04–3912 Filed 2–23–04; 8:45 am] Bankruptcy Code by adding subsection (3) Adjustments made in accordance BILLING CODE 4210–33–P (b) to section 104 of title 11. That with paragraph (1) shall not apply with provision states: respect to cases commenced before the (b)(1) On April 1, 1998, and at each date of such adjustments. 3-year interval ending April 1 thereafter, JUDICIAL CONFERENCE OF THE each dollar amount in effect under [the Revision of Certain Dollar Amounts in UNITED STATES designated sections of the code] Bankruptcy Code immediately before such April 1 shall Revision of Certain Dollar Amounts in be adjusted— Notice is hereby given that the dollar the Bankruptcy Code Prescribed Under (A) to reflect the change in the amounts are increased in the sections in Section 104(B) of the Code Consumer Price Index for All Urban title 11, United States Code, as set out Consumers, published by the in the following chart. These increases AGENCY: Judicial Conference of the Department of Labor, for the most recent do not apply to cases commenced before United States. 3-year period ending immediately the effective date of the adjustments, ACTION: Notice. before January 1 preceding such April 1, i.e., April 1, 2004. Official Bankruptcy and Forms 6E and 10 also will be amended SUMMARY: Certain dollar amounts in title (B) to round to the nearest $25 the to reflect these adjusted dollar amounts. 11, United States Code, are increased. dollar amount that represents such FOR FURTHER INFORMATION CONTACT: change. Dated: February 18, 2004. Francis F. Szczebak, Chief, Bankruptcy (2) Not later than March 1, 1998, and Francis F. Szczebak, Judges Division, Administrative Office at each 3-year interval ending on March Chief, Bankruptcy Judges Division.

New (ad- 11 U.S.C. Dollar amount justed) dollar to be adjusted amount

Section 109(e)—allowable debt limits for filing bankruptcy under Chapter 13 ...... 1 $290,525 1 $307,675 871,550 922,975 Section 303(b)—minimum aggregate claims needed for the commencement of an involuntary bankruptcy: (1)—in paragraph (1) ...... 11,625 12,300 (2)—in paragraph (2) ...... 11,625 12,300 Section 507(a)—priority claims: (1)—in paragraph (3) ...... 4,650 4,925 (2)—in paragraph (4)(B)(i) ...... 4,650 4,925 (3)—in paragraph (5) ...... 4,650 4,925 (4)—in paragraph (6) ...... 2,100 2,225 Section 522(d)—value of property exemptions allowed to the debtor: (1)—in paragraph (1) ...... 17,425 18,450 (2)—in paragraph (2) ...... 2,775 2,950 (3)—in paragraph (3) ...... 450 475 9,300 9,850 (4)—in paragraph (4) ...... 1,150 1,225 (5)—in paragraph (5) ...... 925 975 8,725 9,250 (6)—in paragraph (6) ...... 1,750 1,850 (7)—in paragraph (8) ...... 9,300 9,850 (8)—in paragraph (11)(D) ...... 17,425 18,450 Section 523(a)(2)(C)—‘‘luxury goods and services’’ or cash advances obtained by the consumer debtor within 1 1,150 1 1,225 60 days before the filing of a bankruptcy petition, which are considered nondischargeable. 1 Each time it appears.

[FR Doc. 04–3889 Filed 2–23–04; 8:45 am] DEPARTMENT OF JUSTICE The Department of Justice (DOJ), BILLING CODE 2210–55–P Bureau of Alcohol, Tobacco, Firearms Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), has submitted the and Explosives following information collection request to the Office of Management and Budget Agency Information Collection (OMB) for review and approval in Activities: Proposed Collection; accordance with the Paperwork Comments Requested Reduction Act of 1995. The proposed information collection is published to ACTION: 60-Day Notice of Information obtain comments from the public and Collection Under Review: Application affected agencies. Comments are to Make and Register a Firearm. encouraged and will be accepted for

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‘‘sixty days’’ until April 26, 2004. This (5) An estimate of the total number of activity of the group research project. process is conducted in accordance with respondents and the amount of time Membership in this group research 5 CFR 1320.10. estimated for an average respondent to project remains open, and DSL intends If you have comments especially on respond: It is estimated that 1,071 to file additional written notifications the estimated public burden or respondents will complete a 4-hour disclosing all changes in membership. associated response time, suggestions, form. On May 15, 1995, DSL filed its or need a copy of the proposed (6) An estimate of the total public original notification pursuant to Section information collection instrument with burden (in hours) associated with the 6(a) of the Act. The Department of instructions or additional information, collection: There are 4,271 estimated Justice published a notice in the Federal please contact Gary Schaible, National annual total burden hours associated Register pursuant to section 6(b) of the Firearms Act Branch, Room 5100, 650 with this collection. Act on July 25, 1995 (60 FR 38058). Massachusetts Avenue, NW., If additional information is required The last notification was filed with Washington, DC 20226. contact: Brenda E. Dyer, Deputy the Department on September 26, 2003. Written comments and suggestions Clearance Officer, Information A notice was published in the Federal from the public and affected agencies Management and Security Staff, Justice Register pursuant to Section 6(b) of the concerning the proposed collection of Management Division, Department of Act on November 12, 2003 (68 FR information are encouraged. Your Justice, Patrick Henry Building, Suite 64124). comments should address one or more 1600, 601 D Street, NW., Washington, Dorothy B. Fountain, of the following four points: DC 20530. Deputy Director of Operations, Antitrust • Evaluate whether the proposed Dated: February 18, 2004. Division. collection of information is necessary Brenda E. Dyer, [FR Doc. 04–3985 Filed 2–23–04; 8:45 am] for the proper performance of the Deputy Clearance Officer, Department of BILLING CODE 4410–11–M functions of the agency, including Justice. whether the information will have [FR Doc. 04–3880 Filed 2–23–04; 8:45 am] practical utility; BILLING CODE 4410–FY–P DEPARTMENT OF JUSTICE • Evaluate the accuracy of the agencies estimate of the burden of the Antitrust Division proposed collection of information, DEPARTMENT OF JUSTICE including the validity of the Notice Pursuant to the National methodology and assumptions used; Antitrust Division Cooperative Research and Production Act of 1993—Open Devicenet Vendor • Enhance the quality, utility, and Association, Inc. clarity of the information to be Notice Pursuant to the National Cooperative Research and Production collected; and Notice is hereby given that, on Act of 1993—The Digital Subscriber • Minimize the burden of the December 31, 2003, pursuant to Section Line Forum collection of information on those who 6(a) of the National Cooperative are to respond, including through the Notice is hereby given that, on Research and Production Act of 1993, use of appropriate automated, December 31, 2003, pursuant to section 15 U.S.C. 4301 et seq. (‘‘the Act’’), Open electronic, mechanical, or other 6(a) of the National Cooperative Devicenet Vendor Association, Inc. has technological collection techniques or Research and Production Act of 1993, filed written notifications other forms of information technology, 15 U.S.C. 4301 et seq. (‘‘the Act’’), The simultaneously with the Attorney e.g., permitting electronic submission of Digital Subscriber Line Forum (‘‘DSL’’) General and the Federal Trade responses. filed written notifications Commission disclosing changes in its Overview of this information simultaneously with the Attorney membership status. The notifications collection: General and the Federal Trade were filed for the purpose of extending (1) Type of Information Collection: Commission disclosing changes in its the Act’s provisions limiting the Extension of a currently approved membership. The notifications were recovery of antitrust plaintiffs to actual collection. filed for the purpose of extending the damages under specified circumstances. (2) Title of the Form/Collection: Act’s provisions limiting the recovery of Specifically, ABB Industrial systems, Application to Make and Register a antitrust plaintiffs to actual damages New Berlin, WI; ABB Welding Systems Firearm. under specified circumstances. AB, Laxa, SWEDEN; AC Technology (3) Agency form number, if any, and Specifically, Acterna, Salem, VA; Corp, Uxbridge, MA; ACCU-Sort the applicable component of the Arcadyan Technology Corp., Hsin Chu, Systems, Inc., Telford, PA; Advance Department of Justice sponsoring the TAIWAN; Calix Networks, Petaluma, Electric Company, Inc., Aichi, JAPAN; collection: Form Number: ATF F 1 CA; Celsian Technologies, Tustin, CA; Advanced Energy Industries, Inc., Ft. (5320.1). Bureau of Alcohol, Tobacco, Cincinnati Bell Telephone, Cincinnati, Collins, CO; Advanced Energy JAPAN Firearms and Explosives. OH; Critical Telecom, Ottawa, Ontario, K.K., Tokyo, JAPAN; Aera Corporation, (4) Affected public who will be asked CANADA; Cybertan Technology, Hsin Austin, TX; Alden Products Company, or required to respond, as well as a brief Chu, TAIWAN; Mindspeed, Newport Brockton, MA; Alfa Laval LKM as, abstract: Primary: Individuals or Beach, CA; National Technical Systems, Kolding, DENMARK; Alpha Gear households. Other: Business or other Culver City, CA; Pirelli, Milan, ITALY; Drives, Elk Grove Village, IL; AMC for-profit, State, Local, or Tribal Silicon & Software Systems, San Jose, Technologies Corporation, Edmonton, Government. The form is used by CA; Sprint Canada, Toronto, Ontario, Alberta, CANADA; Ametek Automation persons applying to make and register a CANADA; Wintegra, Blantyre, Glasgow, & Process Technologies, Clawson, MI; firearm that falls within the purview of UNITED KINGDOM; and Yahoo, Animatics Corporation, Santa Clara, CA; the National Firearms Act. The Sunnyvale, CA, have been added as ANYWIRE CORPORATION, Kyoto, information supplied by the applicant parties to this venture. JAPAN; Arlington Laboratory, on the form helps to establish the No other changes have been made in Burlington, MA; ARO Controls S.A.S., applicant’s eligibility. either the membership or planned Chateau du Loir, FRANCE; Aros

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Electronics AB, Molndal, SWEDEN; ASI EXOR Electronic R&D, Cincinnati, OH; Special Cables GmbH, Friesoythe, Advanced Semiconductor Instruments Fairchild Industrial Products Company, GERMANY; Leybold Vacuum GmbH, GmbH, Berlin, GERMANY; Auma Winston-Salem, NC; Fanuc Robotics Koeln, GERMANY; LG Cable Ltd., Actuators Inc., Pittsburgh, PA; North America, Inc., Rochester Hills, Anyang Kyunggi-Do, REPUBLIC OF Automationdirect.com, Cumming, GA; MI; Fife Corporation, Oklahoma City, KOREA; LG Industrial System Co., Ltd., Autonics Corporation, Kyung-Nam, OK; Flexible Machine Controls, Seoul, REPUBLIC OF KOREA; Lika REPUBLIC OF KOREA; Baldor Electric, Wendywood, SOUTH AFRICA; FRABA Electronic SNC, Carre (Vi), ITALY; Fort Smith, AR; Balogh T.A.G., Sensorsysteme GmbH, Koln, LINTEC Co., Ltd, Shiga, JAPAN; Corporation, Brighton, MI; Beckhoff GERMANY; Frontline Test Equipment, Livingston & Co., Inc., West Lebanon, Industrie Elektronik, Nurnberg, Charlottesville, VA; Fuji Electric Co., NH; M. System Co., Ltd., Yokohama, GERMANY; Bellofram Corp., New Ltd., Saitama-ken, JAPAN; Fujikin, Inc., JAPAN; Madison Cable Corporation, Berlin, WI; Beta LaserMike Limited, Osaka, JAPAN; GE Fanuc Automation Worcester, MA; Marathon Ltd., Moscow, High Wycombe, Buckinghamshire, North America, Inc., Charlottesville, RUSSIA; Marsh Bellofram-Bellofram UNITED KINGDOM; BF ENTRON Ltd. VA; Helix Technology Corp., Longmont, PCD Division, Newell, WV; Matric (British Federal), Dudley, West CO; Grayhill Inc., La Grange, IL; Hae Limited Inc., Seneca, PA; Matsushita Midlands, UNITED KINGDOM; BOC Pyung Electronics Research Institute, Electric Industrial Co., Ltd., Osaka, Edwards, Eastbourne, East Sussex, Kyungbuk-do Province, REPUBLIC OF JAPAN; Max Stegmann GmbH, UNITED KINGDOM; Bosch Rexroth, KOREA; HANA Information Technology Donaueschingen, GERMANY; Lohr am Main, GERMANY; Bray Co., Ltd., Pusan, REPUBLIC OF KOREA; Meidensha Corporation, Shizouka-ken, Controls USA, Houston, TX; Bronkhorst HAN–MI Co. Ltd., Incheon-City, JAPAN; Mencom Corporation, High-Tech B.V., Ruurlo, THE REPUBLIC OF KOREA; Hardy Gainesville, GA; Mitsubishi Electric NETHERLANDS; Brooks Automation, Instruments, Inc., San Diego, CA; Automation, Inc. (MEAU), Vernon Hills, Inc., Chelmsford, MA; Brooks Harting, Inc. NA, Elgin, IL; Hengstler IL; Moeller ElectroniX, Detmold, Instrument/Div. of Emerson, Hatfield, GmbH, Aldingen, GERMANY; Hilscher GERMANY; MTT Company Ltd., Hyogo, PA; C&M Corporation, Wauregan, CT; GmbH, Hattersheim, GERMANY; JAPAN; Murrelektronik GmbH, CELERITY, Yorba Linda, CA; Celesco Hirschmann, Inc, Pine Brook, NJ; Oppenweiler, GERMANY; Nihon Transducer Products, Inc., Chatsworth, Hitachi Cable Ltd., Ibaraki, JAPAN; Electric Wire & Cable Co., Ltd., Osaka, CA; CISCO Systems, Inc., Irvine, CA; Hitachi Metals, Ltd., Tokyo, JAPAN; JAPAN; Nikki Denso Co., Ltd., Chiba, CKD Corporation, Aichi, JAPAN; Hitachi Naka Electronics Co. Ltd., JAPAN; NKE Corporation, Kyoto, Cognex Corporation, West Allis, WI; Ibaraki-ken, JAPAN; HM Computing JAPAN; Nohken, Inc., Chiyoda-ku, Comdel Inc., Gloucester, MA; Ltd., Malvern, Worcestershire, UNITED Tokyo, JAPAN; Northwire Inc., Osceola, CommScope, Inc., Claremont, NC, COM KINGDOM; Holec Holland N.V., sc WI; NSK Corporation, Bloomingdale, IL; TEC, Appleton, WI; Contrex Inc., Maple Hengelo, THE NETHERLANDS; NSK Precision Co., Ltd., Kanagawa, Grove, MN; Control Logic Inc., Mesa, Holjeron, Wilsonville, OR; Horiba-STEC JAPAN; NT International, Minneapolis, AZ; Control System Technology Pty. Inc., Sunnyvale, CA; Horner Electric, MN; Omron Software Co., Ltd., Ltd., Mortdale, New South Wales, Indianapolis, IN; Hyde Park Electronics, Kanagawa, JAPAN; Oriental Motor AUSTRALIA; Control Techniques PLC, Inc., Dayton, OH; IAI Corporation, Company, Chiba, JAPAN; Panduit Newtown Powys, UNITED KINGDOM; Shiizu-city, Shizuoka, JAPAN; ICP Corporation, Orland Park, IL; Partlow, Control Technology Corporation, Panel-Tec, Inc., Huntsville, AL; ICT- Gurnee, IL; POSCON, Seoul, REPUBLIC Hopkinton, MA; Conxall Corporation Industrial Communications OF KOREA; Proportion-Air, Inc., Inc., Villa Park, IL; Cosmotechs Co., Technologies, Newburyport, MA; IDEC McCordsville, IN; Proteus Industries Ltd., Kanagawa, JAPAN; Crevis Co., IZUMI Corporation, Yodogawa Ku, Inc., Mountain View, CA; Pyramid LTD, Suwon City Kyung Ki-Do, Osaka, JAPAN; IMI Norgren Limited, Solutions, Inc., Troy, MI; QUALIFLOW, REPUBLIC OF KOREA; Crouse-Hinds Littleton, CO; Industrial Network Montpellier, FRANCE; Real Time Molded Products, LaGrange, NC; CSIRO Controls, LLC, Coopersburg, PA; Automation (C&ID), Wauwatosa, WI; Mining Automation, Pullenvale, INFICON Holding AG, St. Gallen, Real Time Objects & Systems, Queensland, AUSTRALIA; DAIDEN Co., SWITZERLAND; Intelligent Motion Brookfield, WI; Red Lion Controls, York, Ltd., Fukuoka, JAPAN; DDK Ltd., Systems, Marlborough, CT; InterlinkBT PA; Redwood MicroSystems, Inc., Tokyo, JAPAN; Delta Computer Systems LLC, Plymouth, MN; ISAS—Integrated Menlo Park, CA; Rice Lake Weighing Inc., Vancouver, WA; Denker, Switchgear & Sys. Pty. Ltd., Darwin, Systems, Rice Lake, WI; Riken Keiki Co., Onehunga, Auckland, NEW ZEALAND; Northern Territory, AUSTRALIA; IVO Ltd., Tokyo, JAPAN; Rockwell Samsung Deutschmann Automation GmbH, Bad GmbH & Co., Villingen-Schwenningen, Automation, Suwon Kyunggi-Do, Camberg, GERMANY; Digi GERMANY; IXXAT Automation GmbH, REPUBLIC OF KOREA; Rotork Controls International, Inc., Lakeville, MN; Weingarten, GERMANY; JEONGIL Ltd., Bath, Avon, UNITED KINGDOM; Dressler HF—Technik GmbH, Stolberg, INTERCOM CO., LTD, Kyunggi-Do, Sanyo Denki Co., Ltd., Tokyo, JAPAN; GERMANY; DVT Corporation, Norcross, REPUBLIC OF KOREA; KDT Systems Sanyo Machine Works, Ltd., Aichi, GA; E.O.A. Systems Inc., Carrollton, TX; Co., Ltd., Kyungki-Do, REPUBLIC OF JAPAN; Schneider Electric, Seigenatadt, EBARA Technologies Inc., Sacramento, KOREA; Kistler-Morse Corporation, Germany; Scientific Technologies, Inc., CA; Edwards Signaling, Cheshire, CT; Bothell, WA; Koganei Corporation, Fremont, CA; SEC (Samsung Electronics Eilersen Electric A/S, Kokkedal, Tokyo, JAPAN; Kojima Instruments Inc., Co., Ltd.), Suwon-City Kyunggi-Do, DENMARK; Electronic Innovation, Tsuzuki-gun Kyoto, JAPAN; Kubler REPUBLIC OF KOREA; Seiko Seiki Co., Inc.—Falter Engineering, Sudbury, GmbH, VS-Schwennigen, GERMANY; Ltd., Chiba, JAPAN; SEMATECH, Ontario, CANADA; Electro-Sensors, Kuramo Electric Co., Ltd., Fukui-ken, Austin, TX; Sense Electronica LTDA, Inc., Minnetonka, MN; Enercon-Nord JAPAN; Kuroda Precision Industries Sao Paulo, BRAZIL; Seoil Electric Co., Electronic GmbH, Bargteheide, Ltd., Kanagawa, JAPAN; Lantronix, Inc., Ltd., Kyunggi-Do, REPUBLIC OF GERMANY; Escort Memory Systems, Naperville, IL; Lapp USA, Inc. (Olflex KOREA; SEW Eurodrive GmbH, Scotts Valley, CA; esd electronic system Wire & Cable), Florham Park, NJ; Leine Bruchsal, GERMANY; Shanghai Aton design gmbh, Hanover, GERMANY; & Linde, Strangnas, SWEDEN; LEONI Electric Co., Ltd., Shanghai, PEOPLE’S

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REPUBLIC OF CHINA; Shimaden Co., Hales Corners, WI; International Motion ED&C, Plainville, CT; GE Company, Ltd., Saitama Prefecture, JAPAN; SHIN Controls Corp., West Chicago, IL; Fairielo, CT; Gestra GmbH, Bremen, HO SYSTEM Co., Ltd., Seo-gu, Inchon, NemaSoft, Ann Arbor, MI; Ten X GERMANY; Siebe plc, Windsor, REPUBLIC OF KOREA; SICK AG, Technology, Inc., Austin, TX; Unico, Berkshire, UNITED KINGDOM; Graco, Waldkirch, GERMANY; SIEI S.p.A., Inc., Franksville, WI; Unitrode, Inc., Plymouth, MI; Hewlett-Packard, Gerenzano VA, ITALY; Siemens Energy Merrimack, NH; Accu-Trol, Inc., Troy, San Jose, CA; High Yield Technology, & Automation, Inc., Johnson City, TN; MI; ACS Electronics Ltd., Migdal Sunnyvale, CA; Pacific Scientific, Sola/Hevi-Duty, Skokie, IL; Stegmann, Haemek, ISRAEL; Advance Hivolt, Newport Beach, CA; Hokuyo Electric Inc., Dayton, OH; StoneL Corp., Fergus Bognor Regis, West Sussex, UNITED Co. Ltd., Osaka, JAPAN; Humphrey Hills, MN; SungGi Internet Co., Ltd., KINGDOM; Advance International Products, Kalamazoo, MI; IDEACOD- Seoul, REPUBLIC OF KOREA; SWAC Group, Oxford, Oxfordshire, UNITED Hohner AUTOMATION S.A., Strasbourg Automation Consult GmbH, KINGDOM; Alpha Products, Inc., Dedex, FRANCE; ifm efector, inc., Oberhaching, GERMANY; Syron Oxnard, CA; Atlas Copco Controls SA, Exton, PA; IFM electronic, Essen, Engineering & Manufacturing, Inc., Vaud, SWITZERLAND; Automation GERMANY; Ingersoll Rand (ARO) Fluid Saline, MI; System Controls, Limited, Controls, Campbell, CA; BUSWARE Power, Bryan, OH; Inst fuer elekt Auckland, NEW ZEALAND; T.B. Direct, San Diego, CA; ACT’L sa, 1420 Messtechnik and Grundlagen der Ele, Wood’s Incorporated, Chambersburg, Braine-I’Alleud, BELGIUM; Adept Braunschweig, GERMANY; insyte inc., PA; Tang & Associates, Cheras, Technology, Inc., San Jose, CA; Tampa, FL; Intellution, Norwood, MA; Selangor, MALAYSIA; The Lincoln Advantech Co. Ltd., Taipei, TAIWAN; KASHIYAMA Industries, Ltd., Nagano, Electric Company, Cleveland, OH; The Aera Japan Ltd., Tokyo, JAPAN; JAPAN; Kistler-Morse Corporation, Siemon Company, Watertown, CT; The Aerotech Inc., Pittsburgh, PA; ALCATEL Bothell, WA; Danaher Corp., Stanley Works, Warren, MI; Tokyo High Vacuum Technology, Annecy, Washington, D.C.; Kollmorgen Keiso Co., Ltd., Tokyo, JAPAN; Toyo FRANCE; AMP Incorporated, Industrial Drives, Radford, VA; Denki Seizo KK, Yokohama, Kanagawa, Harrisburg, PA; APD Cryogenics, Inc., Kollmorgan Corporation, Waltham, MA; JAPAN; TR Controls Electronic, London, Allentown, PA; Intermagnetics General KUKA Roboter GmbH, Augsburg, Ontario, CANADA; TR Electronic, Troy, Corp., Latham, NY; API Controls Inc., GERMANY; KVASER AB, Kinnahult, MI; Trimble AB, Dayton, OH; TRS Amherst, NY; Applied Precision Inc., SWEDEN; Lucas Signatone Corporation, Fieldbus Systems Inc., Sterling Heights, Issaquah, WA; Applied Science and Sunnyvale, CA; Lutze, Inc., Charlotte, MI; TWK Elektronik GmbH, Dusseldorf, Technology, Woburn, MA; Arcom NC; Magnetek, New Berlin, WI; GERMANY; UNIPULSE Corporation, Control Systems Ltd., Cambridge, Mannesmann Rexroth/Pneumatic Div, Saitama, JAPAN; Vaccon Company, Inc., UNITED KINGDOM; Fairy Group PLC, Lexington, KY; Mannesmann AG, Medfield, MA; Varian S.p.A., Leini Egham, Surrey, UNITED KINGDOM; Dusseldorf, GERMANY; Medar, Inc., (Torino), ITALY; VIPA GmbH, ASAP, Inc., Chagrin Falls, OH; Athena Farmington Hills, MI; Montrose/CDT, Herzogenaurach, GERMANY; Watlow Controls Incorporated, Plymouth Auburn, MA; Cable Design Electric Inc., Watsonville, CA; Meeting, PA; Inductotherm Industries, Technologies, Pittsburgh, PA; Moog Weidmuller ConneXt Inc., Richmond, Rancocas, NJ; Automation Controls, Inc., East Aurora, NY; Motion VA; West Instruments Limited, Campbell, CA; Azonix Corporation, Engineering, Inc., Santa Barbara, CA; Brighton, East Sussex, UNITED Billerica, MA; B/E Semi TCU, Anaheim, N.S.I. Sa; Crangevrier, FRANCE; Namco KINGDOM; Western Reserve Controls CA; Balzers und Leybold Holding, Controls Corp., Highland Heights, OH; Corp., Akron, OH; Westlock Controls Koeln, GERMANY; Bay Pneumatic, Inc., Cleveland Corp Inc., Pepper Pike, OH; Corp., Saddle Brook, NJ; Wind River Menlo Park, CA; Binar Elektronik AB, Negretti Automation Ltd., Aylesbury, Systems, Inc., Sunnyvale, CA; Trollhattan, SWEDEN; BLH Electronics UNITED KINGDOM; National Wittenstein Ternary Co., Ltd., Nagano, Inc., Canton, MA; Brooks Automation Instruments, Austin, TX; NESLAB JAPAN; Worcester Controls Corporation, Canada, Richmond, Quebec, CANADA; Instruments, Inc., Newington, NH; Cookeville, TN; YAMAHA Motor Co. Burkert Contromatic, Irvine, CA; Thermo Spectra, Waltham, MA; Ltd., Shizuoka, JAPAN; Yaskawa Christian-Buerkert Str 13–17, Nordson Corporation, Norcross, GA; Electric America, Inc., Waukegan, IL; Ingelfingen, GERMANY; Clippard North America Mfg., Cleveland, OH; and Yokogawa Electric Corp., Tokyo, Instrument Laboratory, Cincinnati, OH; O.G. Line S.A., Saint Genis Laval, JAPAN have been added as parties to Controlware Technologies, Mayfield FRANCE; ObjectAutomation, Santa Ana, this venture. Heights, OH; DAIHEN Corporation, CA; Olflex Wire & Cable, Inc., Fairfield, Also, Colorado Flow Tech Inc., Osaka-City, JAPAN; Deltron Inc., North NJ; U.I. Lapp Gmbh & Co KG, Stuttgart, Boulder, CO; Danaher Controls, Gurnee, Wales, PA; Digital Freedom, Dayton, GERMANY; ORMEC Systems Corp., IL; Eurotherm Controls Inc, Reston, VA; OH; Freedom Electric Custom Controls Rochester, NY; PanelWorks LLC, Fugasity, Allen, TX; GSE Scale Systems, and Designing, Inc., Dayton, OH; Wauwatosa, WI; Real Time Automation, Novi, MI; Kimura Electric Co., Ltd., Dillmann & Simmler Engineering Wauwatosa, WI; Patriot Sensors & Tokyo, JAPAN; Miller Electric Mfg Co., GmbH, Ebenweiler, GERMANY; ECT Controls, Clawson, MI; Control Holding Appleton, WI: Nidec-Shimpo Corp., International, Inc., Brookfield, WI; Company, Clawson, MI; PCD Inc., Kyoto, JAPAN; Particle Measuring Emerson Electric, Clayton, MO; EMS Peabody, MA; Peak-Service GmbH, Systems, Inc., Boulder, CO; Scientific Inc., Cincinnati, OH; ENI Products, Darmstadt, GERMANY; Pfeiffer Vacuum Instruments, Inc., West Palm Beach, FL; Rochester, NY; Entrelec Inc., Irving, TX; Technology Inc., Nashua, NH; Pfeiffer Sumitomo Wiring Systems, Ltd., Mie- Entrellec Group, Lyon, FRANCE; Extron Vaccm Ag, Asslar, GERMANY; ken, JAPAN; Wieland Electric, Inc., Co., Golden Valley, MN; Exxact. GmbH, Phasetronics, Inc., Clearwater, FL; Quin Burgaw, NC; Lam Research Corp., Huckelhoven, GERMANY; FASE Systems Ltd., Workingham, UNITED Fremont, CA; MTL Inc., Hampton, NH; Saldatura S.R.L., Stupinigi (Torino), KINGDOM; RadiSys Corporation, Nihon Weidmuller Co., Ltd., Tokyo, ITALY; Ferran Scientific Inc., San Hillsboro, OR; RBB Systems, Inc., JAPAN; Schrader Bellows, Cuyahoga Diego, CA; FTS Systems, Inc., Stone Shreve, OH; Rexroth Corporation/ Falls, OH; Geneer Corporation, Des Ridge, NY; Protean plc, High Wycombe, Indramat Div., Hoffman Estates, IL; Plaines, IL; Event Technologies, Inc., Buckingham, UNITED KINGDOM; GE Mannesmann AG, Dusseldorf,

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GERMANY; RF Power Products, SWEDEN; Allen-Bradley Company, Inc. recovery of antitrust plaintiffs to actual Voorhees, NJ; Robicon, New Kensington to Rockwell Automation/Allen-Bradley, damages under specified circumstances. PA; High Voltage Engineering, Mayfield Heights, OH; Uticor Specifically, TNO Environment, Energy Wakefield, MA; Robotron Corporation, Technology, Inc. to AVG Automation, and Process Innovation, Apeldoorn, Southfield, MI; Rockwell Automation/ Bettendorf, IA; Kollmorgen Industrial THE NETHERLANDS has withdrawn DODGE, Greenville, SC; Rockwell Drives to Danaher Motion, Radford, VA; from membership in PERF. International Corp., Seal Beach, CA; HMS Fieldbus Systems AB to HMS No other changes have been made in Rockwell Automation/Reliance Elec., Industrial Networks AB, Halmstad, either the membership or planned Cleveland, OH; Rockwell International SWEDEN; Hohner Shaft Encoder Corp. activity of the group research project. Corp., Seal Beach, CA; SAM Research to Hohner Corp., Beamsville, Ontario, Membership in this group research Co., Ltd., Mie Ken, JAPAN; Hitachi CANADA; D.I.P. Inc. to MKS project remains open, and Petroleum Metals Ltd., Tokyo, JAPAN; SBS Instruments, CIT Group, Austin, TX; S– Environmental Research Forum GreenSpring Modular I/O, Menlo Park, S Technologies, Inc. to SST Division of (‘‘PERF’’) intends to file additional CA; SBS Technology Inc., Albuquerque, Woodhead CANADA, Waterloo, written notification disclosing all NM; Schneider Automation, Inc., North Ontario, CANADA; Millipore changes in membership. Andover, MA; Groupe Schneider SA, Microelectronics Div/Tylan General to On February 10, 1986, Petroleum Cedex, FRANCE; Seiberco Inc., Mykrolis Corporation, Allen, TX; Molex Environmental Research Forum Braintree, MA; Origntal Motor USA Industrial Interfaces, Inc. to Molex (‘‘PERF’’) filed its original notification Corp, Torrance, CA; Sencon Inc., Incorporated, Gilford, NH. pursuant to section 6(a) of the Act. The Bedford Park, IL; Spellman High Voltage No other changes have been made in Department of Justice published a notice Electronics Corp., Hauppauge, NY; either the membership or planned in the Federal Register pursuant to STEC INSTRUMENTS, INC., Sunnyvale, activity of the group research project. section 6(b) of the Act on March 14, CA; Steeplechase Software, Inc., Ann Membership in this group research 1986 (51 FR 8903). Arbor, MI; Sterling Controls, Sterling, project remains open, and Open The last notification was filed with IL; Prater Industries Inc., Cicero, IL; Devicenet Vendor Association, Inc. the Department on March 25, 2002. A Synergetic Micro Systems Inc., Downers intends to file additional written notice was published in the Federal Grove, IL; The Oilgear Company, notification disclosing all changes in Register pursuant to section 6(b) of the Milwaukee, WI; The Partlow-West membership. Act on April 22, 2002 (67 FR 19588). On June 21, 1995, open Devicenet Company, New Hartford, NY; The Dorothy B. Fountain, Danaher Corp., Washington, DC; Think Vendor Association, Inc. filed its original notification pursuant to section Deputy Director of Operations, Antitrust & Do Software, Inc., Ann Arbor, MI; Division. Tokyo Electron America, Austin, TX; 6(a) of the Act. The Department of [FR Doc. 04–3986 Filed 2–23–04; 8:45 am] Total Control Products, Melrose Park, Justice published a notice in the Federal IL; TRANSCELL Technology Inc., Register pursuant to section 6(b) of the BILLING CODE 4410–11–M Northbrook, IL; Travis Technologies Act on February 15, 1996 (61 FR 6039). Corp., Austin, TX; Trumeter Company The last notification was filed with Limited, Radcliffe, Manchester, UNITED the Department on May 28, 1996. A DEPARTMENT OF LABOR KINGDOM; Turck, Inc., Plymouth, MN; notice was published in the Federal Register pursuant to section 6(b) of the Employment and Training Tyco Valves & Controls/Keystone, Administration Houston, TX; Keystone International, Act on June 20, 1996 (61 FR 31551). Houston, TX; Unit Instruments, Inc., Dorothy B. Fountain, [TA–W–53,588] Yorba Linda, CA; Varian Vacuum Deputy Director of Operations, Antitrust Amphenol RF, Severna Operations, Products, Lexington, MA; Varian Division. Associates, Palo Alto, CA; VAT Parsippany, NJ; Notice of Revised [FR Doc. 04–3987 Filed 2–23–04; 8:45 am] Determination on Reconsideration Vakuumventile AG, Haag, BILLING CODE 4410–11–M SWITZERLAND; VBLogic, Inc., Regarding Eligibility To Apply for Midland, NC; VG Gas Analysis Systems Worker Adjustment Assistance and Inc., Beverly, MA; VMIC, Huntsville, DEPARTMENT OF JUSTICE Alternative Trade Adjustment AL; Warwick Manufacturing Group, Assistance Coventry, West Midlands, UNITED Antitrust Division By letter dated January 30, 2004, a KINGDOM; University of Warwick, petitioner requested administrative Coventry, West Midlands, UNITED Notice Pursuant to the National Cooperative Research and Production reconsideration regarding Alternative KINGDOM; Watkins-Johnson Company, Trade Adjustment Assistance (ATAA). Scotts Valley, CA; Weltronics/ Act of 1993—Petroleum Environmental Research Forum (‘‘PERF’’) The certification was signed on January Technitron Corp., Carol Stream, IL; 15, 2004. The notice will soon be Whedco, Inc., Ann Arbor, MI; Xycom, Notice is hereby given that, on published in the Federal Register. Inc., Saline, MI; Hubbell Wiring Device January 22, 2004, pursuant to section The initial investigation determined Kellems, Milford, CT; Hubbell 6(a) of the National Cooperative that the skills of the subject worker Incorporated, Orange, CT; Teknic Inc., Research and Production Act of 1993, group are easily transferable to other Rochester, NY; Integrated Control 15 U.S.C. 4301 et seq. (‘‘the Act’’), positions in the local area. Technology, N. Andover, MA; and Petroleum Environmental Research The petitioner alleges in the request Toshiba International Corp., Houston, Forum (‘‘PERF’’) has filed written for reconsideration that the skills of the TX have been dropped as parties to this notifications simultaneously with the workers at the subject firm are not easily venture. Attorney General and the Federal Trade transferable. The following members have changed Commission disclosing changes in its Additional investigation has their names: ABB Robotics Products AB membership status. The notifications determined that the workers possess to ABB Automation Technology were filed for the purpose of extending skills that are not easily transferable. A Products AB/Robotics, Vasteras, the Act’s provisions limiting the significant number or proportion of the

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worker group are age fifty years or over. of the law justified reconsideration of stated that prior to and after the Competitive conditions within the the decision. acquisition date, Cortrium’s primary industry are adverse. The TAA petition, filed on behalf of business in Bristol, Tennessee was workers at Aurora Acquisition Corp., making and selling these specialty Conclusion formerly Clarksburg Casket Company, Orthodox caskets. Consequently, After careful review of the additional Hepzibah, West Virginia was denied production of caskets at Cortrium, facts obtained on reconsideration, I because the ‘‘contributed importantly’’ Bristol, Tennessee increased conclude that the requirements of group eligibility requirement of section substantially after the closure of the Section 246 of the Trade Act of 1974, as 222 of the Trade Act of 1974 was not subject firm. amended, have been met for workers at met. The ‘‘contributed importantly’’ test The official confirmed what had been the subject firm. is generally demonstrated through a established in the initial investigation, In accordance with the provisions of survey of customers of the workers’ which was that the layoffs at Aurora the Act, I make the following firm. The survey revealed that the Acquisition Corp., formerly Clarksburg certification: customer of the subject firm did not Casket Company, Hepzibah, West All workers at Amphenol RF, Severna increase its purchases of imported wood Virginia are directly caused by a Operations, Parsippany, New Jersey, who caskets. The subject firm also did not domestic shift in production. became totally or partially separated from increase its imports of wood caskets, nor Conclusion employment on or after November 18, 2002 did the company shift production to a through January 15, 2006, are eligible to foreign source during the relevant After reconsideration, I affirm the apply for adjustment assistance under section period. original notice of negative 223 of the Trade Act of 1974, and are also determination of eligibility to apply for eligible to apply for alternative trade In the request for reconsideration, the adjustment assistance under section 246 of petitioner alleged that the subject worker adjustment assistance for the Trade Act of 1974. company formed a strategic alliance workers and former workers of Aurora with a Canadian firm to deliver caskets Acquisition Corp., formerly Clarksburg Signed in Washington, DC this 4th day of February 2004. from Canada. This alliance still exists Casket Company, Hepzibah, West and Aurora Casket Company is still Virginia. Elliott S. Kushner, purchasing caskets from Canada. As a Signed in Washington, DC, this 11th day of Certifying Officer, Division of Trade result, the petitioner concludes that the Adjustment Assistance. February, 2004. closure of the subject firm is directly Elliott S. Kushner, [FR Doc. 04–3917 Filed 2–23–04; 8:45 am] attributed to increased imports of BILLING CODE 4510–30–P Certifying Officer, Division of Trade Canadian imports of wood caskets. Adjustment Assistance. A company official was contacted in [FR Doc. 04–3929 Filed 2–23–04; 8:45 am] regard to these allegations. It was DEPARTMENT OF LABOR BILLING CODE 4510–30–P revealed that, although the subject firm Employment and Training has two unaffiliated vendors in Canada, Administration caskets produced by these vendors do DEPARTMENT OF LABOR not have the same style numbers and are [TA–W–53,228] considered to be not like or directly Employment and Training competitive with those produced by the Administration Aurora Acquisition Corp., Formerly subject firm. Furthermore, the company Clarksburg Casket Company, official was asked to provide company [TA–W–53,135] Hepzibah, West Virginia; Notice of data on imports of wood caskets during Castle Rubber, LLC; East Butler, PA; Negative Determination on the relevant period. The data review Reconsideration Notice of Revised Determination on revealed that the total purchases of Reconsideration By application of December 18, 2003, caskets from Canada decreased Teamsters Local Union No. 175 significantly in 2003 compared to the By letter postmarked December 11, requested administrative prior year, and thus could not have 2003, company officials and United reconsideration of the Department’s contributed importantly to layoffs at the Steelworkers of America, Local 116L negative determination regarding subject firm. requested administrative eligibility for workers and former The petitioner further alleges that a reconsideration regarding the workers of the subject firm to apply for newly acquired facility in Bristol, Department’s Negative Determination Trade Adjustment Assistance (TAA). Tennessee did not have capability of Regarding Eligibility to Apply for The denial notice was signed on producing Orthodox caskets, and the Worker Adjustment Assistance, November 17, 2003, and published in petitioner is not aware of any domestic applicable to the workers of the subject the Federal Register on December 29, supplier that could provide Aurora firm. 2003 (68 FR 74977). Casket Company with the Orthodox The initial investigation resulted in a Pursuant to 29 CFR 90.18(c) caskets. The union believes that negative determination issued on reconsideration may be granted under Canadian vendors could be the only November 5, 2003, based on the finding the following circumstances: suppliers of Orthodox caskets to the that imports of molded and built-up (1) If it appears on the basis of facts subject firm. rubber products did not contribute not previously considered that the The company official clarified that importantly to worker separations at the determination complained of was Aurora Casket Company, a company subject plant and no shift of production erroneous; related to the subject firm by common to a foreign source occurred. The denial (2) If it appears that the determination ownership, bought Cortrium Hardwood notice was published in the Federal complained of was based on a mistake Parts Co., Bristol, Tennessee for the Register on November 28, 2003 (68 FR in the determination of facts not purpose of shifting production of wood 66878). previously considered; or caskets from the subject firm, as well as To support the request for (3) If in the opinion of the Certifying increasing production of Orthodox reconsideration, the company official Officer, a mis-interpretation of facts or caskets at Cortrium facility. He further supplied additional major declining

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customers to supplement those that DEPARTMENT OF LABOR described as an import commodity. The were surveyed during the initial Import Specialist confirmed that investigation. The survey revealed that Employment and Training electronically transferred material is not significant number of major declining Administration a tangible commodity for U.S. Customs customers contacted during the [TA–W–53,209] purposes. In cases where software is reconsideration, increased their imports encoded on a medium (such as a CD of molded and built-up rubber products Computer Sciences Corporation Rom or floppy diskette), the software is in the relevant period. The imports Financial Services Group (‘‘FSG’’), given no import value, but rather accounted for a meaningful portion of East Hartford, Connecticut; Notice of evaluated exclusively on the value of the subject plant’s lost sales and Negative Determination on the carrier medium. This standard is production. Reconsideration based on Treasury Decision 85–124 as issued on July 8, 1985, by the U.S. In accordance with Section 246 of the On January 5, 2004, the Department Customs Service. In conclusion, this Trade Act of 1974 (26 U.S.C. 2813), as issued an Affirmative Determination decision states that ‘‘in determining the amended, the Department of Labor Regarding Application for customs value of imported carrier media herein presents the results of its Reconsideration for the workers and bearing data or instructions, only the investigation regarding certification of former workers of the subject firm. The cost or value of the carrier medium itself eligibility to apply for alternative trade notice was published in the Federal shall be taken into account. The adjustment assistance (ATAA) for older Register on January 23, 2004 (69 FR customs value shall not, therefore, workers. 3391–3392). include the cost or value of the data or Pursuant to 29 CFR 90.18(c) instructions, provided that this is In order for the Department to issue reconsideration may be granted under a certification of eligibility to apply for distinguished from the cost or the value the following circumstances: of the carrier medium.’’ ATAA, the group eligibility (1) If it appears on the basis of facts requirements of Section 246 of the Finally, the North American Industry not previously considered that the Classification System (NAICS), Trade Act must be met. The Department determination complained of was published by the U.S. Department of has determined in this case that the erroneous; Commerce, designates all manner of (2) If it appears that the determination requirements of section 246 have been custom software applications and complained of was based on a mistake met. software systems, including analysis, in the determination of facts not A significant number of workers at the development, programming, and previously considered; or firm are age 50 or over and possess integration as ‘‘Services’’ (see NAICS (3) If in the opinion of the Certifying #541511 and #541512.) skills that are not easily transferable. Officer, a mis-interpretation of facts or Competitive conditions within the of the law justified reconsideration of Conclusion industry are adverse. the decision. After review of the application and The TAA petition was filed on behalf Conclusion investigative findings, I conclude that of workers at Computer Sciences there has been no error or After careful review of the additional Corporation, Financial Services Group misinterpretation of the law or of the facts obtained on reconsideration, I (‘‘FSG’’), East Hartford, Connecticut. facts which would justify The petition was denied because the conclude that increased imports of reconsideration of the Department of petitioning workers did not produce an articles like or directly competitive with Labor’s prior decision. Accordingly, the article within the meaning of section those produced at Castle Rubber, LLC, application is denied. East Butler, Pennsylvania, contributed 222 of the Act. importantly to the declines in sales or In the request for reconsideration, the Signed in Washington, DC, this 3rd day of February, 2004. production and to the total or partial petitioner alleged that the petitioning Elliott S. Kushner, separation of workers at the subject worker group produced a product and firm. In accordance with the provisions that production (in the form of design, Certifying Officer, Division of Trade Adjustment Assistance. of the Act, I make the following coding, testing and delivery of software) shifted to India. [FR Doc. 04–3930 Filed 2–23–04; 8:45 am] certification: Further contact with the company BILLING CODE 4510–30–P All workers of Castle Rubber, LLC, East during reconsideration revealed that the Butler, Pennsylvania, who became totally or petitioning workers did produce widely partially separated from employment on or marketed software components on CD DEPARTMENT OF LABOR after October 2, 2002, through two years from Rom and tapes, and thus did produce an the date of this certification, are eligible to article within the meaning of the Trade Employment and Training apply for adjustment assistance under section Act. Administration 223 of the Trade Act of 1974, and are eligible However, although the company did [TA–W–54,202] to apply for alternative trade adjustment report that some ‘‘source coding’’ did assistance under section 246 of the Trade Act shift to India in the relevant period, the Finishes First, Inc., Spruce Pine, North of 1974. subject firm does not import completed Carolina; Notice of Termination of Signed in Washington, DC, this 5th day of software on physical media that is like Investigation February 2004. or directly competitive with that which Elliott S. Kushner, was produced at the subject facility. Pursuant to section 221 of the Trade Business development, design, testing, Act of 1974, as amended, an Certifying Officer, Division of Trade and packaging remain in the United investigation was initiated on February Adjustment Assistance. States. 9, 2004 in response to a worker petition [FR Doc. 04–3915 Filed 2–23–04; 8:45 am] A National Import Specialist was filed by a company official on behalf of BILLING CODE 4510–30–P contacted at the U.S. Customs Service to workers at Finishes First, Inc., Spruce address whether software could be Pine, North Carolina.

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The petitioner has requested that the DEPARTMENT OF LABOR DEPARTMENT OF LABOR petition be withdrawn. Consequently, the investigation has been terminated. Employment and Training Employment and Training Administration Signed at Washington, DC, this 11th day of Administration February, 2004. [TA–W–53,401] Elliott S. Kushner, [TA–W–54,019] Certifying Officer, Division of Trade Pitney Bowes, Inc., Holyoke Facility, Adjustment Assistance. North Manchester Foundry, North Holyoke, Massachusetts; Notice of [FR Doc. 04–3922 Filed 2–23–04; 8:45 am] Manchester, IN; Notice of Termination Negative Determination Regarding BILLING CODE 4510–30–P of Investigation Application for Reconsideration By application of December 17, 2003, Pursuant to section 221 of the Trade a petitioner requested administrative Act of 1974, as amended, an DEPARTMENT OF LABOR reconsideration of the Department’s investigation was initiated on January negative determination regarding Employment and Training 15, 2004 in response to a petition filed Administration eligibility for workers and former by United Steelworkers of America workers of the subject firm to apply for [TA–W–53,947] Local 626, on behalf of workers at North Trade Adjustment Assistance (TAA). Manchester Foundry, North Manchester, The denial notice applicable to workers James Kenney Vineyards, Grants Indiana. of Pitney Bowes, Inc., Holyoke Facility, Pass, Oregon; Notice of Termination of The Department has been unable to Holyoke, Massachusetts was signed on Investigation locate the petitioner. Therefore, the December 5, 2003, and published in the Pursuant to section 221 of the Trade petition is deemed invalid. Further Federal Register on January 16, 2004 Act of 1974, an investigation was investigation in this case would serve (69 FR 2622). initiated on January 6, 2004 in response no purpose, and the investigation has Pursuant to 29 CFR 90.18(c) to a worker petition which was filed by been terminated. reconsideration may be granted under a company official and two additional the following circumstances: Signed at Washington, DC, this 11th day of (1) If it appears on the basis of facts petitioners on behalf of workers at James February, 2004. Kenney Vineyards, Grants Pass, Oregon. not previously considered that the The workers produce wine grapes. Linda G. Poole, determination complained of was The petitioner has requested that the Certifying Officer, Division of Trade erroneous; petition be withdrawn. Consequently, Adjustment Assistance. (2) if it appears that the determination the investigation has been terminated. [FR Doc. 04–3920 Filed 2–23–04; 8:45 am] complained of was based on a mistake in the determination of facts not BILLING CODE 4510–30–P Signed at Washington, DC, this 5th day of previously considered; or February, 2004. (3) if in the opinion of the Certifying Richard Church, DEPARTMENT OF LABOR Officer, a misinterpretation of facts or of Certifying Officer, Division of Trade the law justified reconsideration of the Adjustment Assistance. Employment and Training decision. [FR Doc. 04–3927 Filed 2–23–04; 8:45 am] Administration The TAA petition was filed on behalf BILLING CODE 4510–30–P of workers at Pitney Bowes, Inc., Holyoke Facility, Holyoke, [TA–W–54,069] Massachusetts engaged in design of DEPARTMENT OF LABOR Digital Document Delivery software. Phelps Dodge Industries, Inc., Phelps The petition was denied because the Dodge Magnet Wire Division, El Paso, Employment and Training petitioning workers did not produce an Administration TX; Notice of Termination of article within the meaning of section Investigation [TA–W 54,122] 222 of the Act. The petitioner contends that the Magnetika, Inc., Lakewood, NJ; Notice Pursuant to section 221 of the Trade Department erred in its interpretation of of Termination of Investigation Act of 1974, as amended, an work performed at the subject facility as investigation was initiated on January a service and refers to the production of Pursuant to section 221 of the Trade 23, 2004, in response to a worker D3tm software as a final product. As a Act of 1974, as amended, an petition filed a company official on proof, the petitioner attached a investigation was initiated on January behalf of workers at Phelps Dodge description of the software and a 30, 2004 in response to a petition filed Industries, Inc., Phelps Dodge Magnet photocopy of the disk, which bears the by a company official on behalf of Wire Division, El Paso, Texas. logo of ALYSIS Technologies. workers at Magnetika, Inc., Lakewood, The petitioner has requested that the A company official was contacted for New Jersey. clarification in regard to the nature of The petitioner has requested that the petition be withdrawn. Consequently, the work performed at the subject petition be withdrawn. Consequently, the investigation has been terminated. facility. The official stated that workers the investigation has been terminated. Signed at Washington, DC, this 9th day of of Holyoke facility are Java engineers, Signed at Washington, DC, this 6th day of February, 2004. engaged in IT solution and February, 2004. Richard Church, development, software coding and Richard Church, Certifying Officer, Division of Trade documentation. The official further Certifying Officer, Division of Trade Adjustment Assistance. clarified that designed and engineered Adjustment Assistance. [FR Doc. 04–3921 Filed 2–23–04; 8:45 am] software (D3) is electronically [FR Doc. 04–3923 Filed 2–23–04; 8:45 am] BILLING CODE 4510–30–P transmitted from the subject facility to BILLING CODE 4510–30–P the CD rom production facility in Lisle,

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Illinois. The company official reported The petitioner should note that this DEPARTMENT OF LABOR that the development stage of D3 criterion applies to a workers group product is currently in the process of only when their separations are caused Employment and Training being outsourced to India. The company by a reduced demand for their services Administration official further stated that development from a parent or controlling firm or [TA–W–54,078] process which will begin in India will subdivision whose workers produce an result in engineers developing source article and who are currently under Sappi Fine Paper, Cloquet, Minnesota; codes which will be electronically certification for TAA. The investigation Notice of Termination of Investigation transmitted to the United States for revealed no such affiliations. further modification, stamping and Pursuant to section 221 of the Trade distribution to customers. Conclusion Act of 1974, as amended, an The sophistication of the work investigation was initiated on January involved is not an issue in ascertaining After review of the application and 26, 2004 in response to a worker whether the petitioning workers are investigative findings, I conclude that petition filed on behalf of workers at eligible for trade adjustment assistance, there has been no error or Sappi Fine Paper, Cloquet, Minnesota. but rather only whether they produced misinterpretation of the law or of the The petitioning group of workers is an article within the meaning of section facts which would justify covered by an earlier petition filed on 222 of the Trade Act of 1974. reconsideration of the Department of January 15, 2004 (TA–W–54,013) that is Software design, developing and Labor’s prior decision. Accordingly, the the subject of an ongoing investigation coding are not considered production of application is denied. for which a determination has not yet an article within the meaning of Section been issued. Further investigation in 222 of the Trade Act. Petitioning Signed at Washington, DC, this 6th day of this case would duplicate efforts and workers do not produce an ‘‘article’’ February, 2004. serve no purpose; therefore the within the meaning of the Trade Act of Elliott S. Kushner, investigation under this petition has 1974. Formatted electronic software and Certifying Officer, Division of Trade been terminated. codes are not tangible commodities, that Adjustment Assistance. Signed at Washington, DC, this 2nd day of is, marketable products, and they are [FR Doc. 04–3928 Filed 2–23–04; 8:45 am] February, 2004. not listed on the Harmonized Tariff BILLING CODE 4510–30–P Richard Church, Schedule of the United States (HTS), as Certifying Officer, Division of Trade classified by the United States Adjustment Assistance. International Trade Commission DEPARTMENT OF LABOR [FR Doc. 04–3924 Filed 2–23–04; 8:45 am] (USITC), Office of Tariff Affairs and BILLING CODE 4510–30–P Trade Agreements, which describes Employment and Training articles imported to the United States. Administration To be listed in the HTS, an article DEPARTMENT OF LABOR would be subject to a duty on the tariff [TA–W–53,990] schedule and have a value that makes it Employment and Training marketable, fungible and Quadelle Textile Corporation, West Administration interchangeable for commercial New York, NJ; Notice of Termination of [TA–W–53,174 and TA–W–53,174A] purposes. Although a wide variety of Investigation tangible products are described as Sinclair Collins, div. of Parker Hannafin articles and characterized as dutiable in Pursuant to section 221 of the Trade Corporation, Akron, Ohio, Including an the HTS, informational products that Act of 1974, an investigation was Employee of Sinclair Collins, div. of could historically be sent in letter form initiated on January 12, 2004 in Hannafin Corporation, Located in and that can currently be electronically response to a worker petition which was Nashville, Tennessee; Amended transmitted, are not listed in the HTS. filed by a company official on behalf of Certification Regarding Eligibility To Such products are not the type of Apply for Worker Adjustment employment work products that workers at Quadelle Textile Corporation, West New York, New Assistance and Alternative Trade customs officials inspect and that the Adjustment Assistance TAA program was generally designed to Jersey (TA–W–53,990). address. The petitioner has requested that the In accordance with section 223 of the The petitioner also alleges that petition be withdrawn. Consequently, Trade Act of 1974 (19 U.S.C. 2273) the imports impacted layoffs, asserting that further investigation in this case would Department of Labor issued a because workers lost their jobs due to a serve no purpose, and the investigation Certification of Eligibility to Apply for transfer of job functions to India, has been terminated. Worker Adjustment Assistance on petitioning workers should be November 12, 2003, applicable to considered import impacted. Signed in Washington, DC, this 10th day of workers of Sinclair Collins, div. of The petitioning worker group is not February, 2004. Parker Hannafin Corporation, Akron, considered to have engaged in Linda G. Poole, Ohio. The notice was published in the production, thus any foreign transfer of Certifying Officer, Division of Trade Federal Register on December 29, 2003 their job duties is irrelevant within the Adjustment Assistance. (68 FR 74979). context of eligibility for trade [FR Doc. 04–3919 Filed 2–23–04; 8:45 am] At the request of a petitioner, the adjustment assistance. BILLING CODE 4510–30–P Department reviewed the certification Finally, the petitioner alleges that the for workers of the subject firm. New workers of the subject firm meet the information shows that a worker was requirements for TAA on the basis that separated involving an employee of the ‘‘workers’ separation was caused by a Akron, Ohio facility of Sinclair Collins, reduced demand for services from a div. of Parker Hannafin Corporation parent firm.’’ located in Nashville, Tennessee. This

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employee provided sales, marketing, requirement of section 222 of the Trade Signed at Washington, DC, this 11th day of warranty issues and general support Act of 1974 was not met. February, 2004. services for the production of industrial On reconsideration, the department Elliott S. Kushner, valves for tire manufacturers at the surveyed customers of the subject plant Certifying Officer, Division of Trade Akron, Ohio location of the subject firm. regarding their purchases of Adjustment Assistance. Based on these findings, the telecommunications equipment during [FR Doc. 04–3918 Filed 2–23–04; 8:45 am] Department is amending this 2001, 2002, and January through May of BILLING CODE 4510–30–P certification to include an employee of 2003 over the corresponding period in the Akron, Ohio facility of Sinclair 2002. The survey revealed that major Collins, div. of Parker Hannafin declining customer(s) increased their DEPARTMENT OF LABOR Corporation, located in Nashville, imports of telecommunications Tennessee. Employment and Training equipment, while decreasing their Administration The intent of the Department’s purchases from the subject plant during certification is to include all workers of the relevant period. [TA–W–52,770] Sinclair Collins, div. of Parker Hannafin Corporation, Akron, Ohio, who were Conclusion Tower Mills, Inc., Burlington, NC; adversely affected by increased imports. After careful review of the additional Notice of Revised Determination on The amended notice applicable to facts obtained on reconsideration, I Reconsideration TA–W–53,174 is hereby issued as conclude that increased imports of By application of December 12, 2003, follows: articles like or directly competitive with a petitioner requested administrative All workers of Sinclair Collins, div. of telecommunications equipment, reconsideration regarding the Parker Hannafin Corporation, Akron, Ohio contributed importantly to the declines Department’s Negative Determination (TA–W–53,174), including an employee of in sales or production and to the total Regarding Eligibility to Apply for Sinclair Collins, div. of Parker Hannafin or partial separation of workers of Worker Adjustment Assistance, Corporation, Akron Ohio, located in Timeplex, LLC, a division of Platinum Nashville, Tennessee (TA–W–53,174A), who applicable to the workers of the subject became totally or partially separated from Equity Holdings, Hackensack, New firm. employment on or after October 1, 2002, Jersey. In accordance with the The initial investigation resulted in a through November 12, 2005, are eligible to provisions of the Act, I make the negative determination issued on apply for adjustment assistance under section following certification: November 3, 2003, based on the finding 223 of the Trade Act of 1974, and are also All workers of Timeplex, LLC, a division of that imports of hosiery, spandex tights, eligible to apply for alternative trade Platinum Equity Holdings, Hackensack, New pantyhose and trouser socks did not adjustment assistance under section 246 of Jersey who became totally or partially contribute importantly to worker the Trade Act of 1974. separated from employment on or after April separations at the subject plant and no Signed in Washington, DC this 4th day of 28, 2002 through two years of this shift of production to a foreign source February, 2004. certification, are eligible to apply for occurred. The denial notice was Richard Church, adjustment assistance under section 223 of published in the Federal Register on the Trade Act of 1974. Certifying Officer, Division of Trade November 28, 2003 (68 FR 66878). Adjustment Assistance. Signed in Washington, DC this 12th day of To support the request for [FR Doc. 04–3931 Filed 2–23–04; 8:45 am] February 2004. reconsideration, the company official BILLING CODE 4510–30–P Elliott S. Kushner, supplied additional major declining Certifying Officer, Division of Trade customers to supplement those that Adjustment Assistance. were surveyed during the initial DEPARTMENT OF LABOR [FR Doc. 04–3913 Filed 2–23–04; 8:45 am] investigation. Upon further review and BILLING CODE 4510–30–P contact with these customers of the Employment and Training subject firm, it was revealed that they Administration increased their import purchases of DEPARTMENT OF LABOR [TA–W–51,655] socks and hosiery during the relevant period. The imports accounted for a Employment and Training Timeplex, LLC, a Division of Platinum meaningful portion of the subject plant’s Administration Equity Holdings, Hackensack, NJ; lost sales and production. Notice of Revised Determination on It was further revealed that U.S. Reconsideration [TA–W–53,956] aggregate imports of socks and hosiery increased significantly during the On November 21, 2003, the Tomken Enterprises, Hildebran, NC; relevant period. Department issued an Affirmative Notice of Termination of Investigation In accordance with section 246 the Determination Regarding Application Trade Act of 1974 (26 U.S.C. 2813), as on Reconsideration applicable to Pursuant to section 221 of the Trade amended, the Department of Labor workers and former workers of the Act of 1974, as amended, an herein presents the results of its subject firm. The notice was published investigation was initiated on January 7, investigation regarding certification of in the Federal Register on December 19, 2004, in response to a petition filed by eligibility to apply for alternative trade 2003 (68 FR 70838–70839). the company on behalf of workers at adjustment assistance (ATAA) for older On June 10, 2003 the Department Tomken Enterprises, Hildebran, North workers. initially denied TAA to workers of Carolina. In order for the Department to issue Timeplex, LLC, a division of Platinum The petitioner has requested that the a certification of eligibility to apply for Equity Holdings, Hackensack, New petition be withdrawn. Consequently, ATAA, the group eligibility Jersey producing telecommunications further investigation in this case would requirements of section 246 of the Trade equipment because the ‘‘contributed serve no purpose, and the investigation Act must be met. The Department has importantly’’ group eligibility has been terminated. determined in this case that the

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requirements of section 246 have been adjustment assistance benefits and such has not yet been issued. Further met. supply or production is related to the investigation in this case would A significant number of workers at the article that was the basis for such duplicate efforts and serve no purpose; firm are age 50 or over and possess certification. The TAA certified firm therefore the investigation under this skills that are not easily transferable. must also constitute 20 percent of petition has been terminated. Competitive conditions within the subject firm sales or the loss of business industry are adverse. from this certified firm must contribute Signed at Washington, DC, this 6th day of importantly to layoffs at the subject February, 2004. Conclusion firm. Richard Church, After careful review of the additional The workers of Trojan Steel Company, Certifying Officer, Division of Trade facts obtained on reconsideration, I Charleston, West Virginia did not Adjustment Assistance. conclude that increased imports of supply significant quantities of steel to [FR Doc. 04–3925 Filed 2–23–04; 8:45 am] articles like or directly competitive with the trade certified firm listed in the BILLING CODE 4510–30–P those produced at Tower Mills, Inc., petition during the period under Burlington, North Carolina, contributed investigation. importantly to the declines in sales or In the request for reconsideration, the DEPARTMENT OF LABOR production and to the total or partial petitioner supplied an extended list of separation of workers at the subject customers ‘‘from the last five years’’, Employment and Training firm. In accordance with the provisions alleging that an investigation of these Administration of the Act, I make the following additional customers would prove that certification: the subject firm was eligible under [TA–W–54,008] All workers of Tower Mills, Inc., Burlington, secondary impact. North Carolina, who became totally or The Department reviewed all of these Unifine Dohler America, Monmouth partially separated from employment on or firms and found that none of the worker Junction Facility, Monmouth Junction, after August 27, 2002 through January 31, groups employed by these firms were New Jersey; Notice of Termination of 2006, are eligible to apply for adjustment certified for TAA. Investigation assistance under section 223 of the Trade Act of 1974, and are eligible to apply for Conclusion Pursuant to section 221 of the Trade alternative trade adjustment assistance under After review of the application and section 246 of the Trade Act of 1974. investigative findings, I conclude that Act of 1974, as amended, an investigation was initiated on January Signed in Washington, DC this 17th day of there has been no error or February 2004. misinterpretation of the law or of the 30, 2004 in response to a petition filed Elliott S. Kushner, facts which would justify by a state official on behalf of workers Certifying Officer, Division of Trade reconsideration of the Department of of Unifine Dohler America, Monmouth Adjustment Assistance. Labor’s prior decision. Accordingly, the Junction facility, Monmouth Junction, [FR Doc. 04–3914 Filed 2–23–04; 8:45 am] application is denied. New Jersey. The worker at the subject facility was engaged in the distribution BILLING CODE 4510–30–P Signed in Washington, DC, this 4th day of February, 2004. of food to airlines. Elliott S. Kushner, The petition regarding the DEPARTMENT OF LABOR Certifying Officer, Division of Trade investigation has been deemed invalid. Adjustment Assistance. In order to establish a valid worker Employment and Training [FR Doc. 04–3932 Filed 2–23–04; 8:45 am] group, there must be at least three full- Administration BILLING CODE 4510–30–P time workers employed at some point [TA–W–52,705] during the period under investigation. Workers of the group subject to this Trojan Steel Company, Charleston, DEPARTMENT OF LABOR investigation did not meet this West Virginia; Notice of Negative threshold level of employment. Determination on Reconsideration Employment and Training Administration Consequently, the investigation has On January 6, 2004, the Department been terminated. [TA–W–54,077] issued an Affirmative Determination Signed at Washington, DC, this 2nd day of Regarding Application for Twin City Leather Company, February, 2004. Reconsideration for the workers and Gloversville, New York; Notice of Richard Church, former workers of the subject firm. The Termination of Investigation notice was published in the Federal Certifying Officer, Division of Trade Register on January 26, 2004 (69 FR Pursuant to section 221 of the Trade Adjustment Assistance. 3606). Act of 1974, as amended, an [FR Doc. 04–3926 Filed 2–23–04; 8:45 am] The Department initially denied TAA investigation was initiated on January BILLING CODE 4510–30–P to workers of Trojan Steel Company, 26, 2004 in response to a petition filed Charleston, West Virginia because the by a representative of the Union of ‘‘upstream supplier’’ group eligibility Needletrades, Industrial and Textile requirement of section 222(b) of the Employees on behalf of workers at Twin Trade Act of 1974, as amended, was not City Leather Company, Inc., met. The ‘‘upstream supplier’’ Gloversville, New York. requirement is fulfilled when the The petitioning group of workers is workers’ firm (or subdivision) is a covered by an earlier petition instituted supplier to a firm that employed a group on January 13, 2004 (TA–W–53,992) of workers who received a certification that is the subject of an ongoing of eligibility to apply for trade investigation for which a determination

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DEPARTMENT OF LABOR NATIONAL AERONAUTICS AND THE NATIONAL FOUNDATION ON THE SPACE ADMINISTRATION ARTS AND THE HUMANITIES Employment and Training Administration Meeting Notice Meetings of Humanities Panel AGENCY: The National Endowment for [TA–W–53,527] AGENCY: National Aeronautics and Space Administration. the Humanities. Van Dorn Demag Corporation, a ACTION: Notice of meetings. Division of Demag Products Group, ACTION: Notice of meeting. Strongsville, OH; Notice of Revised SUMMARY: Pursuant to the provisions of Determination on Reconsideration SUMMARY: NASA will conduct an open the Federal Advisory Committee Act Regarding Eligibility To Apply for forum meeting to solicit questions, (Pub. L. 92–463, as amended), notice is Worker Adjustment Assistance and views and opinions of interested hereby given that the following Alternative Trade Adjustment persons or firms concerning NASA’s meetings of the Humanities Panel will Assistance procurement policies, practices, and be held at the Old Post Office, 1100 initiatives. The purpose of the meeting Pennsylvania Avenue, NW., By letter dated January 21, 2004, a is to have an open discussion between Washington, DC 20506. petitioner requested administrative NASA’s Associate Administrator for FOR FURTHER INFORMATION CONTACT: reconsideration regarding Alternative Procurement, industry, and the public. Heather Gottry, Acting Advisory Trade Adjustment Assistance (ATAA). Committee Management Officer, The certification was signed on Note: This is not a meeting about ‘‘how to National Endowment for the December 5, 2003. The notice was do business with NASA’’ for new firms, nor Humanities, Washington, DC 20506; published in the Federal Register on will it focus on small businesses or specific telephone (202) 606–8322. Hearing- January 16, 2004 (69 FR 2623). contracting opportunities. Position papers are impaired individuals are advised that The initial investigation determined not being solicited. Another contractor open information on this matter may be that the skills of the subject worker forum will be held at the Johnson Space obtained by contacting the group are easily transferable to other Center in May 2004. Endowment’s TDD terminal on (202) positions in the local area. 606–8282. DATES: Thursday, March 18, 2004, from The petitioner alleges in the request SUPPLEMENTARY INFORMATION: The 9 a.m. to 11:30 a.m. for reconsideration that the skills of the proposed meetings are for the purpose workers at the subject firm are not easily ADDRESSES: The meeting will be held at of panel review, discussion, evaluation transferable. NASA, Marshall Space Flight Center, and recommendation on applications Additional investigation has Morris Auditorium, Bldg. 4200, for financial assistance under the determined that the workers possess Huntsville, AL 35812. National Foundation on the Arts and the skills that are not easily transferable. A Humanities Act of 1965, as amended, FOR FURTHER INFORMATION CONTACT: significant number or proportion of the including discussion of information worker group are age fifty years or over. Valerie Holmes, NASA Marshall Space given in confidence to the agency by the Competitive conditions within the Flight Center, Mail Code PS01, grant applicants. Because the proposed industry are adverse. Huntsville, AL 35812, (256) 544–0314, meetings will consider information that email: [email protected]. is likely to disclose trade secrets and Conclusion SUPPLEMENTARY INFORMATION: commercial or financial information After careful review of the additional obtained from a person and privileged Admittance: Doors will open at a half- facts obtained on reconsideration, I or confidential and/or information of a hour prior to the presentation. conclude that the requirements of personal nature the disclosure of which Section 246 of the Trade Act of 1974, as Admittance will be on a first-come, first- would constitute a clearly unwarranted amended, have been met for workers at served basis. Auditorium capacity is invasion of personal privacy, pursuant the subject firm. limited to approximately 90 persons. To to authority granted me by the ensure adequate seating, a maximum of In accordance with the provisions of Chairman’s Delegation of Authority to the Act, I make the following two representatives per firm is Close Advisory Committee meetings, certification: requested. No reservations will be dated July 19, 1993, I have determined accepted. that these meetings will be closed to the All workers of at Van Dorn Demag public pursuant to subsections (c) (4), Corporation, A Division of Demag Products Format: There will be a presentation Group, Strongsville, Ohio, who became by the Associate Administrator for and (6) of section 552b of Title 5, United totally or partially separated from Procurement, followed by a question States Code. employment on or after November 12, 2002 and answer period. Procurement issues 1. Date: March 2, 2004. through December 5, 2005, are eligible to will be discussed, including current Time: 9 a.m. to 5:30 p.m. apply for adjustment assistance under acquisition activities at NASA. Room: 415. Section 223 of the Trade Act of 1974, and are Program: This meeting will review also eligible to apply for alternative trade Questions for the open forum should be applications for Stabilization of Library adjustment assistance under Section 246 of presented at the meeting and should not and Archival Collections, submitted to the Trade Act of 1974. be submitted in advance. Position the Division of Preservation and Access Signed in Washington, DC this 5th day of papers are not being solicited. at the October 1, 2003 deadline. February 2004. 2. Date: March 19, 2004. Tom Luedtke, Elliott S. Kushner, Time: 8:30 a.m. to 5 p.m. Assistant Administrator for Procurement. Room: 426. Certifying Officer, Division of Trade [FR Doc. 04–3991 Filed 2–23–04; 8:45 am] Program: This meeting will review Adjustment Assistance. BILLING CODE 7510–01–P applications for Humanities Projects in [FR Doc. 04–3916 Filed 2–23–04; 8:45 am] Museums and Historical Organizations, BILLING CODE 4510–30–P submitted to the Division of Public

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Programs at the February 3, 2004 discretion of the panel chairman and 6. The number of hours needed deadline. with the approval of the full-time annually to complete the requirement or 3. Date: March 22, 2004. Federal employee in attendance. request: 447 hours (335 hours reporting Time: 8:30 a.m. to 5 p.m. If you need special accommodations [2.3 hrs per response] and 112 hours Room: 415. due to a disability, please contact the recordkeeping [14 hrs per Program: This meeting will review Office of AccessAbility, National applications for Special Projects, recordkeeper]). Endowment for the Arts, 1100 submitted to the Division of Public 7. Abstract: NRC-regulated facilities Pennsylvania Avenue, NW., Programs at the February 3, 2004 and other organizations are required to deadline. Washington, DC 20506, 202/682–5532, TDY–TDD 202/682–5496, at least seven provide information and maintain 5. Date: March 26, 2004. records to ensure that an adequate level Time: 8:30 a.m. to 5 p.m. (7) days prior to the meeting. Room: 426. Further information with reference to of protection is provided to NRC- Program: This meeting will review this meeting can be obtained from Ms. classified information and material. applications for Humanities Projects in Kathy Plowitz-Worden, Office of Submit, by April 26, 2004, comments Museums and Historical Organizations, Guidelines & Panel Operations, National that address the following questions: submitted to the Division of Public Endowment for the Arts, Washington, 1. Is the proposed collection of Programs at the February 3, 2004 DC 20506, or call 202/682–5691. deadline. information necessary for the NRC to Further information with reference to properly perform its functions? Does the 6. Date: March 29, 2004. this meeting can be obtained from Ms. Time: 8:30 a.m. to 5 p.m. information have practical utility? Kathy Plowitz-Worden, Panel Room: 415. 2. Is the burden estimate accurate? Program: This meeting will review Coordinator, National Endowment for applications for Special Projects, the Arts, Washington, DC 20506, or call 3. Is there a way to enhance the submitted to the Division of Public 202/682–5691. quality, utility, and clarity of the Programs at the February 3, 2004 Dated: February 18, 2004. information to be collected? deadline. Kathy Plowitz-Worden, 4. How can the burden of the 7. Date: March 31, 2004. Panel Coordinator, Panel Operations, Time: 8:30 a.m. to 5 p.m. information collection be minimized, National Endowment for the Arts. Room: 415. including the use of automated Program: This meeting will review [FR Doc. 04–3879 Filed 2–23–04; 8:45 am] collection techniques or other forms of applications for Humanities Projects in BILLING CODE 7537–01–P information technology? Libraries and Archives, submitted to the Division of Public Programs at the A copy of the draft supporting February 3, 2004 deadline. statement may be viewed free of charge NUCLEAR REGULATORY at the NRC Public Document Room, One Heather Gottry, COMMISSION White Flint North, 11555 Rockville Acting Advisory Committee Management Agency Information Collection Pike, Room O–1F21, Rockville, MD Officer. 20852. OMB clearance requests are [FR Doc. 04–4031 Filed 2–24–04; 8:45 am] Activities: Proposed Collection; Comment Request available at the NRC Worldwide Web BILLING CODE 7536–01–P site: http://www.nrc.gov/public-involve/ AGENCY: U.S. Nuclear Regulatory doc-comment/omb/index.html. The Commission (NRC). NATIONAL FOUNDATION ON THE document will be available on the NRC ARTS AND THE HUMANITIES ACTION: Notice of pending NRC action to home page site for 60 days after the submit an information collection signature date of this notice. National Endowment for the Arts; request to OMB and solicitation of Comments and questions about the Leadership Initiatives Advisory Panel public comment. information collection requirements Pursuant to section 10(a)(2) of the SUMMARY: The NRC is preparing a may be directed to the NRC Clearance Federal Advisory Committee Act (Public submittal to OMB for review of Officer, Brenda Jo. Shelton, U.S. Nuclear Law 92–463), as amended, notice is continued approval of information Regulatory Commission, T–5 F52, hereby given that a teleconference collections under the provisions of the Washington, DC 20555–0001, by meeting of the Leadership Initiatives Paperwork Reduction Act of 1995 (44 telephone at 301–415–7233, or by Advisory Panel (Arts Journalism U.S.C. Chapter 35). Internet electronic mail to Institutes section) to the National Information pertaining to the [email protected]. Council on the Arts will be held from requirement to be submitted: Dated at Rockville, Maryland, this 17th day Room 620 at the Nancy Hanks Center, 1. The title of the information of February, 2004. 1100 Pennsylvania Avenue, NW., collection: 10 CFR part 95—Facility For the Nuclear Regulatory Commission. Washington, DC 20506 on Monday, Security Clearance and Safeguarding of March 25, 2004, from 3 p.m. to 3:30 National Security Information and Brenda Jo. Shelton, p.m. e.s.t. Restricted Data. NRC Clearance Officer, Office of the Chief This meeting will be open to the 2. Current OMB approval number: Information Officer. public. The discussion will cover issues 3150–0047. [FR Doc. 04–3893 Filed 2–23–04; 8:45 am] related to development of the Arts 3. How often the collection is BILLING CODE 7590–01–P Journalism Institutes and other business required: On occasion. as necessary. 4. Who is required or asked to report: Any person may observe meetings, or NRC-regulated facilities and other portions thereof, of advisory panels that organizations requiring access to NRC- are open to the public, and, if time classified information. allows, may be permitted to participate 5. The number of annual respondents: in the panel’s discussions at the 8.

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NUCLEAR REGULATORY fuel storage casks on January 16, 2004, action is not a type of activity having COMMISSION (69 FR 2497 and 69 FR 2528). A final the potential to cause effects on historic effective rule is not expected to be in properties. Therefore, no further [Docket 72–1015] place prior to March 31, 2004. consultation is required under Section NAC International Issuance of Therefore, NAC has requested to file an 106 of the National Historic Environmental Assessment and updated FSAR within 60 days after Preservation Act. Finding of No Significant Impact Amendment No. 3 is issued to allow the compilation of FSAR changes related to Finding of No Significant Impact Introduction Amendment No. 3 with other FSAR The environmental impacts of the The U.S. Nuclear Regulatory changes that are allowed under 10 CFR proposed action have been reviewed in 72.48. Commission (NRC or Commission) is accordance with the requirements set Environmental Impacts of the considering issuance of an exemption to Proposed Action: The Environmental forth in 10 CFR part 51. Based upon the NAC International, Inc. (NAC or Assessment for the final rule, ‘‘Storage foregoing Environmental Assessment, applicant), pursuant to 10 CFR 72.7, of Spent Nuclear Fuel in NRC-Approved the Commission finds that the proposed from the requirement of 10 CFR Storage Casks at Nuclear Power Reactor action of granting an exemption from 10 72.248(c)(6). This requirement mandates Sites’’ (55 FR 29181 (1990)), considered CFR 72.248(c)(6) allowing NAC to delay certificate holders to file an updated the potential environmental impacts of updating the NAC–UMS FSAR will not Final Safety Analysis Report (FSAR) to storage casks that are used to store spent significantly impact the quality of the the NRC every 24 months from the date nuclear fuel under a CoC, and human environment. Accordingly, the of issuance of a Certificate of concluded that there would be no Commission has determined that an Compliance (CoC) for a spent fuel significant environmental impacts. The environmental impact statement for the storage cask design. NAC, located in proposed action now under proposed exemption is not warranted. Norcross, Georgia, is the holder of CoC consideration would not affect the use For further details with respect to this Number 1015 for the NAC–UMS of the NAC–UMS system to store spent exemption request, see NAC’s letter Universal Storage System, and is nuclear fuel under the approved CoC, dated January 9, 2004. The request for seeking NRC approval to delay filing of and in accordance with the regulations exemption was docketed under 10 CFR an updated FSAR for the NAC–UMS of 10 CFR part 72. Filing an updated part 72, Docket 72–1015. The NRC system. The NAC–UMS system is FSAR to the NRC by a certificate holder maintains an Agencywide Documents approved for use under the general is an administrative requirement and Access and Management System license provisions of subpart K of 10 does not involve any radioactive (ADAMS), which provides text and CFR part 72, and is designed for the dry materials or use of natural resources. image files of NRC’s public documents. storage of spent nuclear fuel at U.S. Therefore, there are no radiological These documents may be accessed nuclear power reactors. impacts or non-radiological impacts through the NRC’s Public Electronic Environmental Assessment (EA) from a delay in filing an updated FSAR. Reading Room on the Internet at http:/ Based upon this information, a delay in /www.nrc.gov/reading-rm/adams.html. Identification of Proposed Action: By filing will have no significant impact on If you do not have access to ADAMS or letter dated January 9, 2004, NAC the environment. if there are problems in accessing the requested an exemption, pursuant to 10 Alternative to the Proposed Action: documents located in ADAMS, contact CFR 72.7, from the requirement of 10 Since there is no environmental impact the NRC Public Document Room (PDR) CFR 72.248(c)(6). NAC is seeking associated with the proposed action, Reference staff at 1–800–397–4209, or Commission approval to delay the any alternatives with equal or greater 301–415–4737, or by e-mail at biennial filing of the updated FSAR for environmental impact are not evaluated. [email protected]. the NAC–UMS system to the NRC. The The alternative to the proposed actions exemption requested is from the would be to deny approval of the Dated at Rockville, Maryland, this 11th day requirement of 10 CFR 72.248(c)(6), exemption and not allow a delay in the of February 2004. which states that ‘‘Updates [of the filing of the updated FSAR. This For the Nuclear Regulatory Commission. FSAR] shall be filed every 24 months alternative would have the same L. Raynard Wharton, from the date of issuance of the CoC.’’ environmental impact. Project Manager, Spent Fuel Project Office, The original CoC for the NAC–UMS Agencies and Persons Consulted: Mr. Office of Nuclear Material Safety and system was effective on November 20, Johnny James, North Carolina Safeguards. 2000. The proposed action before the Department of Environment and Natural [FR Doc. 04–3892 Filed 2–23–04; 8:45 am] Commission is whether to approve a Resources, and Mr. William Wright, BILLING CODE 7590–01–P delay in the filing of the updated FSAR, Arizona Radiation Regulatory Agency, and whether to grant this exemption were contacted about the Environmental pursuant to 10 CFR 72.7. Assessment for the proposed action and NUCLEAR REGULATORY Need for the Proposed Action: NAC had no comments. These two state COMMISSION requested the exemption to 10 CFR agencies were contacted because the 72.248(c)(6) to allow sufficient time to Amendment No. 3 of the CoC for the Sunshine Act Meeting incorporate the FSAR changes that are NAC–UMS system will be used at the associated with its application to amend McGuire Nuclear Station in North Date: Weeks of February 23, March 1, 8, the CoC for the NAC–UMS system. This Carolina, and at the Palo Verde Nuclear 15, 22, 29, 2004. application and amendment was Generating Station in Arizona. The NRC designated as Amendment No. 3 to CoC staff has determined that a consultation Place: Commissioners’ Conference Number 1015. The Commission issued a under Section 7 of the Endangered Room, 11555 Rockville Pike, Rockville, direct final rule and a proposed rule to Species Act is not required because the Maryland. amend its regulations to include proposed action will not affect listed Status: Public and Closed. Amendment No. 3 in the CoC for the species or critical habitat. The NRC staff NAC–UMS in its list of approved spent has also determined that the proposed Matters to be Considered:

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Week of February 23, 2004 Week of March 22, 2004—Tentative Washington, DC 20555 (301–415–1969). In addition, distribution of this meeting Wednesday, February 25, 2004 Tuesday, March 23, 2004 notice over the Internet system is 9 a.m.—Discussion of Security Issues 9:30 a.m.—Briefing on Status of Office available. If you are interested in (Closed—Ex. 1) of Nuclear Regulatory Research (RES) receiving this Commission meeting Programs, Performance, and Plans schedule electronically, please send an Thursday, February 26, 2004 (Public Meeting) (Contact: Alan Levin, electronic message to [email protected]. 9:30 a.m.—Meeting with UK Regulators 301–415–6656) Dated: February 19, 2004. to Discuss Security Issues (Closed— This meeting will be webcast live at R. Michelle Schroll, Ex. 1) the Web address—http://www.nrc.gov. Office of the Secretary. 1:30 p.m.—Status of Davis Besse 1:30 p.m.—Briefing on Status of Office [FR Doc. 04–4088 Filed 2–20–04; 9:53 am] Lessons Learned Task Force Issues of Nuclear Security and Incident (Public Meeting) (Contact: Brendan Response (NSIR) Programs, BILLING CODE 7590–01–M Moroney, 301–415–3974) Performance, and Plans (Public Meeting) (Contact: Jack Davis, 301– This meeting will be webcast live at NUCLEAR REGULATORY 415–7256) the Web address—http://www.nrc.gov. COMMISSION This meeting will be webcast live at Week of March 1, 2004—Tentative the Web address—http://www.nrc.gov. Regulatory Guide; Issuance, 2:30 p.m.—Discussion of Security Issues Tuesday, March 2, 2004 Availability (Closed—Ex. 1) 9:30 a.m.—Meeting with Advisory The Nuclear Regulatory Commission Wednesday, March 24, 2004 Committee on the Medical Uses of (NRC) has issued a revision of a guide Isotopes (ACMUI) and NRC Staff 9:30 a.m.—Briefing on Status of Office in its Regulatory Guide Series. This (Public Meeting) (Contact: Angela of Nuclear Reactor Regulations (NRR) series has been developed to describe Williamson, 301–415–5030) Programs, Performance, and Plans and make available to the public such (Public Meeting) (Contact: Mike Case, information as methods acceptable to This meeting will be webcast live at 301–415–1275) the NRC staff for implementing specific the Web address—http://www.nrc.gov. This meeting will be webcast live at parts of the NRC’s regulations, Wednesday, March 3, 2004 the Web address—http://www.nrc.gov. techniques used by the staff in its review of applications for permits and 9:30 a.m.—25th Anniversary Three Mile Week of March 29, 2004—Tentative licenses, and data needed by the NRC Island (TMI) Unit 2 Accident There are no meetings scheduled for staff in its review of applications for Presentation (Public Meeting) the Week of March 29, 2004. permits and licenses. (Location: TWFN Auditorium, 11545 Revision 1 of Regulatory Guide 1.168, * The schedule for Commission meetings is Rockville Pike) (Contact: Sam Walker, ‘‘Verification, Validation, Reviews, and 301–415–1965) subject to change on short notice. To verify the status of meetings call (recording)—(301) Audits for Digital Computer Software This meeting will be webcast live at 4125–1292. Contact person for more Used in Safety Systems of Nuclear the Web address—http://www.nrc.gov. information: Dave Gamberoni, (301) 415– Power Plants,’’ provides guidance to 2:45 p.m.—Discussion of Security Issues 1651. licensees and applicants on methods (Closed—Ex. 1) * * * * * acceptable to the NRC staff for SUPPLEMENTARY INFORMATION: By a vote complying with the NRC’s regulations Thursday, March 4, 2004 of 3–0 on February 18, the Commission on verification, validation, reviews, and 1:30 p.m.—Briefing on Status of Office determined pursuant to U.S.C. 552b(e) audits for digital computer software of Nuclear Material Safety and and § 9.107(a) of the Commission’s rules used in safety systems of nuclear power Safeguards (NMSS) Programs, that ‘‘Affirmation of (1) Maine Yankee plants. This regulatory guide endorses, Performance, and Plans—Waste Atomic Power Co. (Maine Yankee with certain exceptions, two standards Safety (Public Meeting) (Contact: Atomic Power Station); State of Maine’s of the Institute of Electrical and Claudia Seelig, 301–415–7243) petition for review of LBP–03–26, and Electronics Engineers: IEEE Std 1012– (2) Duke Energy Corp. (Catawba Nuclear 1998, ‘‘IEEE Standard for Software This meeting will be webcast live at Verification and Validation,’’ and IEEE the Web address—http://www.nrc.gov. Station, Units 1&2); NRC Staff’s Petition for interlocutory review of the LB’s 1/ Std 1028–1997, ‘‘IEEE Standard for Week of March 8, 2004—Tentative 2904 Memo & Order (Ruling on BREDL Software Reviews and Audits.’’ Comments and suggestions in Motion for Need to Know Determination Tuesday, March 9, 2004 connection with items for inclusion in & Extension of Deadline for Filing guides currently being developed or 9:30 a.m.—Briefing on Status of Office Security-Related Contentions)’’ be held improvements in all published guides of Nuclear Material Safety and on February 18, and on less than one are encouraged at any time. Written Safeguards (NMSS) Programs, week’s notice to the public. Performance, and Plans—Material comments may be submitted to the Safety (Public Meeting) (Contact: * * * * * Rules and Directives Branch, Division of The NRC Commission Meeting Claudia Seelig, 301–415–7243) Administrative Services, Office of Schedule can be found on the Internet Administration, U.S. Nuclear Regulatory This meeting will be webcast live at at: http://www.nrc.gov/what-we-do/ Commission, Washington, DC 20555. the Web address—http://www.nrc.gov. policy-making/schedule.html Questions on the content of this guide 1:30 p.m.—Discussion of Security Issues * * * * * may be directed to Mr. R. Shaffer, (301) (Closed—Ex. 1) This notice is distributed by mail to 415–7606; e-mail [email protected]. several hundred subscribers; if you no Regulatory guides are available for Week of March 15, 2004—Tentative longer wish to receive it, or would like inspection or downloading at the NRC’s There are no meetings scheduled for to be added to the distribution, please Web site at http://www.nrc.gov under the Week of March 15, 2004. contact the Office of the Secretary, NRC Documents and in NRC’s ADAMS

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System at the same site. Single copies of Schedule C Security Affairs. Effective January 27, regulatory guides may be obtained free The following Schedule C 2004. of charge by writing the Reproduction appointments were approved for DSGS60739 Information Technology and Distribution Services Section, U.S. January 2004: Specialist to the Assistant Secretary for Nuclear Regulatory Commission, Administration. Effective January 28, Washington, DC 20555–0001, or by fax Section 213.3303 Executive Office of the 2004. to (301) 415–2289, or by e-mail to President DSGS60738 Special Assistant to the [email protected]. Issued guides may Office of National Drug Control Policy Assistant Secretary for Administration. also be purchased from the National Effective January 30, 2004. Technical Information Service (NTIS) QQGS00024 Legislative Analyst to the Chief of Staff. Effective January 07, Section 213.3305 Department of the on a standing order basis. Details on this Treasury service may be obtained by writing 2004. NTIS at 5285 Port Royal Road, Office of the United States Trade DYGS00439 Executive Secretary to Springfield, VA 22161; telephone 1– Representative the Chief of Staff. Effective January 21, 800–553–6847; http://www.ntis.gov/. 2004. TNGS00016 Public Affairs Specialist Regulatory guides are not copyrighted, DYGS60277 Senior Writer to the to the Chief of Staff. Effective January and Commission approval is not Assistant Secretary (Public Affairs and 26, 2004. required to reproduce them. Public Liaison). Effective January 21, 2004. (5 U.S.C. 552(a)) President’s Commission on White House Fellowships. DYGS60404 Senior Advisor to the Dated at Rockville, MD, this 20th day of Assistant Secretary for Financial January, 2004. WHGS00012 Staff Assistant (Office Institutions. Effective January 21, 2004. For the Nuclear Regulatory Commission. Automation) to the Director, President’s Commission on White House Section 213.3306 Department of Defense Ashok C. Thadani, Fellowships. Effective January 23, 2004. Director, Office of Nuclear Regulatory DDGS00788 Staff Assistant to the Research. Section 213.3304 Department of State Principal Deputy Assistant Secretary of [FR Doc. 04–3891 Filed 2–23–04; 8:45 am] Defense (International Security Affairs). DSGS60724 Special Assistant to the Effective January 13, 2004. BILLING CODE 7590–01–P Director, Office Resource Management/ DDGS16675 Personal and Office of Foreign Buildings Operations. Confidential Assistant to the Assistant Effective January 05, 2004. Secretary of Defense (Reserve Affairs). DSGS60728 Legislative Management Effective January 13, 2004. OFFICE OF PERSONNEL Officer to the Assistant Secretary for MANAGEMENT DDGS16785 Staff Assistant to the Legislative and Intergovernmental Deputy Assistant Secretary of Defense Excepted Service Affairs. Effective January 05, 2004. (Asia and Pacific). Effective January 13, DSGS60729 Legislative Management 2004. AGENCY: Office of Personnel Officer to the Assistant Secretary for DDGS16787 Defense Fellow to the Management. Legislative and Intergovernmental Special Assistant to the Secretary of Affairs. Effective January 05, 2004. Defense for White House Liaison. ACTION: Notice. DSGS60722 Protocol Officer (Visits) Effective January 13, 2004. to the Deputy Chief of Protocol. DDGS16783 Special Assistant to the SUMMARY: This gives notice of OPM Effective January 08, 2004. Assistant Secretary of Defense decisions granting authority to make DSGS60731 Staff Assistant to the (Legislative Affairs). Effective January appointments under Schedules A, B and Director, Policy Planning Staff. Effective 14, 2004. C in the excepted service as required by January 14, 2004. DDGS26020 Special Assistant to the 5 CFR 6.6 and 213.103. DSGS60732 Legislative Management Inspector General. Effective January 14, FOR FURTHER INFORMATION CONTACT: Officer to the Assistant Secretary for 2004. Deborah Grade, Director, Washington Legislative and Intergovernmental Section 213.3310 Department of Justice Services Branch, Center for Talent Affairs. Effective January 20, 2004. Services, Division for Human Resources DSGS60733 Legislative Management DJGS00199 Special Counsel to the Products and Services. (202) 606–5027. Officer to the Assistant Secretary for Assistant Attorney General, Criminal Legislative and Intergovernmental Division. Effective January 05, 2004. SUPPLEMENTARY INFORMATION: Appearing Affairs. Effective January 20, 2004. DJGS00320 Deputy Chief of Staff to in the listing below are the individual DSGS60734 Public Affairs Specialist the Chief of Staff. Effective January 29, authorities established under Schedule to the Assistant Secretary for Public 2004. C between January 1, 2004 and January Affairs. Effective January 20, 2004. 31, 2004. Future notices will be DSGS60735 Foreign Affairs Officer to Section 213.3311 Department of published on the fourth Tuesday of each the Under Secretary for Arms Control Homeland Security month, or as soon as possible thereafter. and Security Affairs. Effective January DMGS00151 Business Liaison to the A consolidated listing of all authorities 22, 2004. Special Assistant. Effective January 07, as of June 30 is published each year. DSGS60723 Senior Advisor to the 2004. Schedule A Assistant Secretary for Western DMGS00181 Speechwriting Research Hemispheric Affairs. Effective January Assistant to the Director of No Schedule A appointments for 23, 2004. Speechwriting. Effective January 09, January 2004. DSGS60743 Special Assistant to the 2004. Schedule B Assistant Secretary. Effective January DMGS00183 Director of Public 26, 2004. Liaison to the Assistant Secretary for No Schedule B appointments for DSGS60741 Special Assistant to the Public Affairs. Effective January 13, January 2004. Under Secretary for Arms Control and 2004.

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DMGS00176 Staff Assistant to the Century Workforce. Effective January Section 213.3332 Small Business Chief of Staff. Effective January 14, 07, 2004. Administration 2004. DLGS60242 Special Assistant to the SBGS60030 Senior Advisor to the DMGS00180 Confidential Assistant to Assistant Secretary for Policy. Effective Associate Deputy Administrator for the Deputy Secretary for the Department January 07, 2004. Government Contracting and Business of Homeland Security. Effective January DLGS60178 Counselor to the Deputy Development to the Associate Deputy 14, 2004. Secretary of Labor. Effective January 30, Administrator for Government DMGS00188 Director of Legislative 2004. Contracting and Business Development. Affairs for Secretarial Offices to the Effective January 05, 2004. Assistant Secretary for Legislative Section 213.3316 Department of Health SBGS60543 Associate Administrator Affairs. Effective January 14, 2004. and Human Services for Policy to the Administrator. Effective DMOT00184 Director of Land, DHGS60062 Deputy Director of January 08, 2004. Maritime, and Cargo Security Policy to Legislation to the Director, Center for SBGS60544 Assistant Administrator the Assistant Administrator for Disease Control and Prevention for Policy to the Administrator. Effective Transportation Security Policy. Effective Administration. Effective January 05, January 15, 2004. January 14, 2004. SBGS60181 Assistant Administrator 2004. DMGS00173 Legislative Assistant to for Field Operations to the Associate the Assistant Secretary for Legislative DHGS60344 Special Assistant for the Administrator for Field Operations. Affairs. Effective January 16, 2004. Deputy Assistant Secretary for Effective January 16, 2004. DMGS00161 Director of Legislative Legislation (Health). Effective January SBGS60552 Assistant Administrator Affairs for Emergency Preparedness and 23, 2004. to the Associate Administrator for Response to the Chief of Staff. Effective Section 213.3318 Environmental Congressional and Legislative Affairs. January 22, 2004. Protection Agency Effective January 20, 2004. DMGS00186 Legislative Assistant to SBGS60112 Special Assistant to the the Assistant Secretary for Legislative EPGS03608 Deputy Scheduler to the Deputy Administrator. Effective January Affairs. Effective January 27, 2004. Associate Assistant Administrator for 23, 2004. Public Affairs. Effective January 14, DMGS00179 Deputy Press Secretary Section 213.3334 Federal Trade 2004. to the Assistant Secretary for Public Commission Affairs. Effective January 29, 2004. EPGS03611 Senior Advisor to the DMGS00185 Policy Advisor to the Administrator. Effective January 20, FTGS60001 Supervisory Public Deputy Chief of Staff (Policy). Effective 2004. Affairs Specialist to the Chairman. Effective January 28, 2004. January 29, 2004. EPGS10904 Special Assistant to the DMGS00190 Counsel to the General Administrator. Effective January 21, Section 213.3342 Export-Import Bank Counsel. Effective January 30, 2004. 2004. EBGS00064 Special Assistant to the Section 213.3313 Department of Section 213.3323 Overseas Private Senior Vice President and Coordinator Agriculture Investment Corporation of Intergovernmental Affairs . Effective DAGS60160 Special Assistant to the January 23, 2004. PQGS03087 Confidential Assistant to Deputy Secretary. Effective January 13, the Chief of Staff. Effective January 13, Section 213.3357 National Credit Union 2004. Administration DAGS60162 Assistant to the Deputy 2004. CUOT01191 Executive Assistant to Administrator for Commodity Section 213.3327 Department of the Vice Chair. Effective January 29, Operations. Effective January 13, 2004. Veterans Affairs 2004. DAGS60163 Director Native American Programs to the Assistant Secretary for DVGS60071 Senior Advisor to the Section 213.3360 Consumer Product Congressional Relations. Effective Deputy Secretary of Veterans Affairs. Safety Commission Effective January 27, 2004. January 13, 2004. PSGS60014 General Counsel to the DAGS00300 Staff Assistant to the Section 213.3331 Department of Energy Chairman, Consumer Product Safety Administrator, Foreign Agricultural Commission. Effective January 05, 2004. Service. Effective January 14, 2004. DEGS00392 Chief of Staff to the Principal Deputy Assistant Secretary. Section 213.3384 Department of Section 213.3314 Department of Effective January 05, 2004. Housing and Urban Development Commerce DEGS00393 Policy Advisor to the DUGS60288 Congressional Relations DCGS00389 Senior Advisor to the Director, Office of Worker and Assistant to the Assistant Secretary for Assistant Secretary for Import Community Transition. Effective Congressional and Intergovernmental Administration. Effective January 23, January 06, 2004. Relations. Effective January 07, 2004. 2004. DEGS00395 Special Assistant to the DUGS60120 Staff Assistant to the DCGS00534 Confidential Assistant to Secretary. Effective January 14, 2004. Assistant Secretary for Public Affairs. the Deputy Assistant Secretary for DEGS00396 Senior Scheduler to the Effective January 14, 2004. Transportation and Machinery. Effective Director, Office of Scheduling and DUGS60335 Assistant to the Deputy January 23, 2004. Advance. Effective January 16, 2004. Assistant Secretary for Economic DCGS00326 Confidential Assistant to Development to the Deputy Assistant the Assistant Secretary for Market DEGS00397 Deputy Director of Secretary for Economic Affairs. Effective Access and Compliance. Effective Scheduling and Operations to the January 16, 2004. January 29, 2004. Director, Office of Scheduling and Advance. Effective January 16, 2004. Section 213.3394 Department of Section 213.3315 Department of Labor DEGS00399 Special Assistant to the Transportation DLGS60205 Deputy Director, 21st Director, Office of Economic Impact and DTGS60192 Special Assistant to the Century Workforce to the Director, 21st Diversity. Effective January 30, 2004. Assistant to the Secretary and Director

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of Public Affairs. Effective January 08, Forms U5A and U5B. The Commission registrants in certain specified 2004. estimates that the total annual reporting industries as disclosure guidelines to be DTGS60311 Scheduling/Advance and recordkeeping burden of collections followed in disclosing information to Assistant to the Director for Scheduling for Forms U5A and U5B is 320 hours (4 investors in Securities Act and and Advance. Effective January 23, combined response x 80 hours = 320 Exchange Act registration statements 2004. hours). and certain other Exchange Act filings. DTGS60316 Special Assistant to the The estimate of average burden hours The information filed with the Assistant Secretary for Aviation and are made for purposes of the Paperwork Commission using the Industry Guides Reduction Act and are not derived from International Affairs. Effective January permits verification of compliance with a comprehensive or representative 27, 2004. securities law requirements and assures survey or study of the costs of Section 213.3396 National complying with the requirements of the public availability and Transportation Safety Board Commission rules and forms. dissemination of such information. The TBGS60030 Director of Government An agency may not conduct or information required by the Industry and Industry Affairs to the Chairman. sponsor, and a person is not required to Guides is filed on occasion and is Effective January 05, 2004. respond to, a collection of information mandatory. All information is provided TBGS60033 Director for Special unless it displays a current valid control to the public. The Commission Projects to the Chairman. Effective number. estimates for administrative purposes January 08, 2004. Please direct general comments only that the total annual burden with Authority: 5 U.S.C. 3301 and 3302; E.O. regarding the above information to the respect to the Industry Guides is one 10577, 3 CFR 1954–1958 Comp., P.218. following persons: (i) Desk Officer for hour. The Industry Guides do not the Securities and Exchange directly impose any disclosure burden. Office of Personnel Management. Commission, Office of Information and A Notice of Exempt Preliminary Roll- Kay Coles James, Regulatory Affairs, Office of Up Communication (‘‘Notice’’) provides Director. Management and Budget, Room 10102, information regarding ownership [FR Doc. 04–3419 Filed 2–23–04; 8:45 am] New Executive Office Building, interests and any potential conflicts of BILLING CODE 6325–01–P Washington, DC 20503; and (ii) R. Corey Booth, Director/Chief Information interest to be included in statements Officer, Office of Information submitted by or on behalf of a person SECURITIES AND EXCHANGE Technology, Securities and Exchange pursuant to §§ 240.14a–2(b)(4) and COMMISSION Commission, 450 5th Street, NW, 240.14a–6(n). The Notice is filed on Washington, DC 20549. Comments must occasion and the information required is Submission for OMB Review; be submitted to OMB within 30 days of mandatory. All information is provided Comment Request this notice. to the public upon request. The Notice takes approximately .25 hours per Upon Written Request, Copies Available Dated: February 13, 2004. response and his filed by 4 respondents From: Securities and Exchange Margaret H. McFarland, for a total 1 annual burden hour. Commission, Office of Filings and Deputy Secretary. Information Services, Washington, DC [FR Doc. 04–3942 Filed 2–23–04; 8:45 am] An agency may not conduct or 20549–0004. BILLING CODE 8010–01–P sponsor, and a person is not required to Extension: respond to, a collection of information Rules 1(a) and 1(b) and Forms U5A unless it displays a currently valid and U5B, SEC File No.270–168, SECURITIES AND EXCHANGE control number. OMB Control No. 3235–0170. COMMISSION Written comments regarding the Notice is hereby given that, pursuant above information should be directed to to the Paperwork Reduction Act of 1995 Submission for OMB Review; Comment Request the following persons: (i) Desk Officer (44 U.S.C. 3501 et seq.), the Securities for the Securities and Exchange and Exchange Commission Upon Written Request; Copies Available Commission, Office of Information and (‘‘Commission’’) has submitted to the From: Securities and Exchange Regulatory Affairs, Office of Office of Management and Budget Commission, Office of Filings and Management and Budget, Room 10102, (‘‘OMB’’) a request for extension of the Information Services, Washington, DC New Executive Office Building, matters relating to the previously 20549. Washington, DC 20503; and (ii) R. Corey approved collections of information Extension: discussed below. Industry Guides, OMB Control No. Booth, Director/Chief Information Form U5A, [17 CFR 259.5a] under the 3235–0069, SEC File No. 270–069. Officer, Office of Information Public Utility Holding Company Act of Notice of Exempt Roll-Up Preliminary Technology, Securities and Exchange 1935, as amended (‘‘Act’’), 15 U.S.C. 79, Communication, OMB Control No. Commission, 450 Fifth Street, NW., et seq., is a registration notification 3235–0452, SEC File No. 270–396. Washington, DC 20549. Comments must required to be filed under Rule 1(a) of Notice is hereby given that, pursuant be submitted to OMB within 30 days of the Act by any person proposing to to the Paperwork Reduction Act of 1995 this notice. become a registered holding company to (44 U.S.C. 3501 et seq.) the Securities Dated: February 13, 2004. notify the Commission of that fact. Form and Exchange Commission Margaret H. McFarland, U5B [17 CFR 259.5b] under the Act is (‘‘Commission’’) has submitted to the Deputy Secretary. a registration statement required to be Office of Management and Budget filed under Rule 1(b) by every registered requests for extension of the previously [FR Doc. 04–3943 Filed 2–23–04; 8:45 am] holding company within 90 days of approved collections of information BILLING CODE 8010–01–P registration. discussed below. Rules 1(a) and (b) require the Industries Guides (OMB 3235–0069; information collection prescribed by SEC File No. 270–069) are used by

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SECURITIES AND EXCHANGE be submitted to OMB within 30 days of Regulatory Affairs, Office of COMMISSION this notice. Management and Budget, Room 10102, Dated: February 13, 2004. New Executive Office Building, Submission for OMB Review; Margaret H. McFarland, Washington, DC 20503; and (ii) R. Corey Comment Request Booth, Director/Chief Information Deputy Secretary. Officer, Office of Information Upon Written Request, Copies Available [FR Doc. 04–3944 Filed 2–23–04; 8:45 am] Technology, Securities and Exchange From: Securities and Exchange BILLING CODE 8010–13–P Commission 450 Fifth Street, NW., Commission, Office of Filings and Washington, DC 20549–0004. Information Services, Washington, DC Comments must be submitted within 30 SECURITIES AND EXCHANGE 20549–0004. days of this notice. Extension: COMMISSION Dated: February 13, 2004. Rule 3 and Form U–3A3–1, SEC File Submission for OMB Review; No.270–77, OMB Control No. 3235– Margaret H. McFarland, Comment Request 0160. Deputy Secretary. [FR Doc. 04–3945 Filed 2–23–04; 8:45 am] Notice is hereby given that, pursuant Upon Written Request, Copies Available to the Paperwork Reduction Act of 1995 From: Securities and Exchange BILLING CODE 8010–01–P (44 U.S.C. 3501 et seq.), the Securities Commission, Office of Filings and and Exchange Commission Information Services, Washington, DC 20549. SECURITIES AND EXCHANGE (‘‘Commission’’) has submitted to the COMMISSION Office of Management and Budget Extension: (‘‘OMB’’) a request for extension of the Rule 95 and Form U–13E–1, SEC File [Release No. 34–49260] matters relating to the previously No. 270–74, OMB Control No. 3235–0162. approved collections of information Order Granting Application for Exemptions Pursuant to Section 36(a) discussed below. Notice is hereby given that, pursuant of the Exchange Act by the American Form U–3A3–1, [17 CFR 259.403] to the Paperwork Reduction Act of 1995 Stock Exchange LLC, the International under the Public Utility Holding (44 U.S.C. 3501 et seq.), the Securities Securities Exchange, Inc., the Company Act of 1935, as amended and Exchange Commission (‘‘Commission’’) has submitted to the Municipal Securities Rulemaking (‘‘Act’’), 15 U.S.C. 79, et seq., is an Board, the Pacific Exchange, Inc., the application for exemption from Office of Management and Budget (‘‘OMB’’) a request for extension of the Philadelphia Stock Exchange, Inc., and regulation, under Rule 3 of the Act, filed the Boston Stock Exchange, Inc. annually by banks that are incidentally matters relating to the previously approved collections of information public utility holding companies by February 17, 2004. virtue of holding utility securities in discussed below. Form U–13E–1, [17 CFR 259.213] I. Introduction their capacity as a bank. under the Public Utility Holding Rule 3 requires the information The American Stock Exchange LLC Company Act of 1935, as amended collection prescribed by Form U–3A3– (‘‘Amex’’), the International Securities (‘‘Act’’), 15 U.S.C. 79, et seq., is required 1. The Commission estimates that the Exchange, Inc. (‘‘ISE’’), the Municipal to be filed under Rule 95 of the Act by total annual reporting and record Securities Rulemaking Board (‘‘MSRB’’), certain companies providing services keeping burden of collections for Form the Pacific Exchange, Inc. (‘‘PCX’’), the and selling goods to registered public U–3A3–1 is 10 hours (5 responses × 2 Philadelphia Stock Exchange, Inc. utility holding companies and their hours = 10 hours). (‘‘Phlx’’), and the Boston Stock subsidiaries. The estimate of average burden hours Exchange, Inc. (‘‘BSE’’), each have filed Rule 95 under the Act, which with the Securities and Exchange are made for purposes of the Paperwork implements Sections 12(e) and (f) of the Reduction Act and are not derived from Commission (‘‘Commission’’), pursuant Act, requires the information collection 1 a comprehensive or representative to Rule 0–12 under the Securities prescribed by Form U–13E–1. The Exchange Act of 1934 (‘‘Exchange Act’’), survey or study of the costs of Commission estimates that the total complying with the requirements of an application for an exemption under annual reporting and recordkeeping section 36(a)(1) of the Exchange Act 2 Commission rules and forms. burden of collections for Form U–13E– An agency may not conduct or from the rule filing requirements of 1 is 2 hours (1 response x 2 hours = 2 section 19(b) of the Exchange Act 3 with sponsor, and a person is not required to hours). respect to certain rules of another self- respond to, a collection of information The estimate of average burden hours regulatory organization (‘‘SRO’’) that unless it displays a currently valid are made for purposes of the Paperwork each of the these SROs has either control number. Reduction Act and are not derived from proposed to incorporate by reference or Please direct general comments a comprehensive or representative currently incorporates by reference. regarding the above information to the survey or study of the costs of following persons: (i) Desk Officer for complying with the requirements of II. Applications for Section 36 the Securities and Exchange Commission rules and forms. Exemption From Section 19(b) Rule Commission, Office of Information and An agency may not conduct or Filing Requirements for SRO Rules Regulatory Affairs, Office of sponsor, and a person is not required to Incorporated by Reference Management and Budget, Room 10102, respond to, a collection of information Several SROs currently incorporate by New Executive Office Building, unless it displays a currently valid reference certain rules of other SROs. Washington, DC 20503; and (ii) R. Corey control number. Specifically, the Amex, ISE, MSRB, and Booth, Director/Chief Information Please direct general comments Phlx incorporate the NASD Code of Officer, Office of Information regarding the above information to the Technology, Securities and Exchange following persons: (i) Desk Officer for 1 See 17 CFR 240.0–12. Commission, 450 5th Street, NW., the Securities and Exchange 2 15 U.S.C. 78mm(a)(1). Washington, DC 20549. Comments must Commission, Office of Information and 3 15 U.S.C. 78s(b).

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Arbitration Procedure, while the ISE NASD Code of Arbitration Procedure.9 of January 1, 1998.15 The amendments and PCX incorporate by reference the Specifically, the ISE proposed to repeal provided that any new arbitration margin rules of the New York Stock its Rules 1800 through 1835 and create claims filed on or after that date shall be Exchange, Inc. (‘‘NYSE’’) and Chicago new Rule 1800, which would state: (1) submitted to and administered by the Board Options Exchange, Inc. (‘‘CBOE’’). that the NASD Code of Arbitration, as NASD. The amendments provided that, The BSE recently filed a prospective the same may be in effect from time to as of January 1, 1998, every bank dealer request for incorporation by reference. time, shall govern ISE arbitrations; and (as defined in MSRB Rule D–8) shall be In connection with the proposal by the (2) that the ISE shall retain jurisdiction subject to the NASD’s Code of BSE to establish the Boston Options over its members for failure to honor Arbitration for every claim, dispute, or Exchange (‘‘BOX’’) as a new exchange arbitration awards and any right, action, controversy arising out of or in facility,4 BSE proposes to permit BOX or determination by the Exchange that it connection with the municipal members to choose to comply with the would otherwise be authorized to adopt, securities activities of the bank dealer margin requirements of either the CBOE administer or enforce is in no way acting in its capacity as such.16 The or the NYSE. limited or precluded by incorporation of enforcement mechanism for bank All of these SROs have asked the the NASD Code of Arbitration. The dealers was not altered by the Commission for exemptive relief, proposed rule change was published for amendments; the bank regulatory subject to certain conditions, from the comment in the Federal Register on July agencies continue to be responsible for requirements to file proposed rule 26, 2001,10 and approved by the the inspection and enforcement of bank changes under Section 19(b) of the Commission on November 21, 2001.11 dealers’ municipal securities activities, Exchange Act 5 whenever the SRO including arbitration.17 According to the ISE, the purpose of whose rules are incorporated by On April 12, 2002, the MSRB this incorporation by reference was to reference changes those rules.6 submitted a formal request, pursuant to reflect the contractual relationship Rule 0–12 under the Exchange Act,18 A. Amex between ISE and NASDR whereby seeking an exemption under section 36 12 In connection with the 1998 merger NASDR is obligated to perform of the Exchange Act from the rule filing between NASD and Amex, Amex arbitrations under ISE’s rules for ISE procedures of section 19(b) of the amended its Constitution to provide that members. On October 30, 2001, the ISE Exchange Act with respect to changes to any arbitration filed following the submitted a formal request, pursuant to the incorporated NASD Code of 13 closing of the merger transaction would Rule 0–12 under the Exchange Act, Arbitration Procedure.19 be conducted pursuant to the NASD seeking an exemption under Section 36 D. PCX Code of Arbitration Procedure using the of the Exchange Act from the rule filing arbitration facilities of NASD procedures of section 19(b) of the On August 15, 2003, PCX filed with Regulation, Inc. (‘‘NASDR’’).7 Exchange Act with respect to changes to the Commission a proposed rule change 14 On May 2, 2002, Amex submitted a the incorporated NASD rules. In its to amend PCX Rule 6.47 (Crossing formal request, pursuant to Rule 0–12 approval order, the Commission noted Orders and Stock/Option, SSF/Option under the Exchange Act,8 seeking an that the ISE had submitted to the Orders) that governs the execution of exemption under Section 36 of the Commission such an exemption request. complex orders involving options and Exchange Act from the rule filing In the same letter, the ISE also single stock futures. The proposed rule procedures of Section 19(b) of the requested a Section 36 exemption from Exchange Act with respect to changes to section 19(b) of the Exchange Act with 15 See Exchange Act Release No. 39378 (December 1, 1997), 62 FR 64417 (December 5, the incorporated NASD rules. respect to changes to the margin rules of 1997). In its filing, the MSRB stated that it would the CBOE and NYSE, both of which are B. ISE continue to operate its arbitration program in order incorporated by reference in ISE Rule to administer its current, open cases and any new On November 20, 2000, the ISE filed 1202. claims received prior to January 1, 1998, but would with the Commission a proposed rule discontinue its program when all such cases have C. MSRB been closed. At such time, the MSRB will submit change incorporating by reference the a filing to the Commission to delete Sections 1 In December 1997, the Commission through 37 of Rule G–35, and rescind Rule A–16 on 4 The Commission recently approved the BSE’s arbitrations fees and deposits. See File No. SR– proposal to create BOX as a new electronic options approved amendments to Rule G–35 of MSRB–97–4. The MSRB expects to submit such a facility of the BSE, operated by Boston Options the MSRB in which the MSRB filing in the near future. Exchange Group, LLC, the founding members of effectively incorporated by reference the 16 Section 38 of Rule G–35 states as follows: which are the BSE, the Bourse de Montreal, and NASD Code of Arbitration Procedure as As of January 1, 1998, every bank dealer (as Interactive Brokers Group. See Exchange Act defined in rule D–8) shall be subject to the Code Release No. 49068 (January 13, 2004), 69 FR 2775 of Arbitration Procedure of the National Association (January 20, 2004). 9 See Amendments No. 1 and No. 2 to the of Securities Dealers, Inc. (‘‘NASD’’) for every 5 15 U.S.C. 78s(b). proposed rule change were filed on March 5, 2001 claim, dispute or controversy arising out of or in 6 The Commission notes that at the time Amex, and July 16, 2001, respectively. connection with the municipal securities activities MSRB, and Phlx incorporated by reference the 10 See Exchange Act Release No. 44572 (July 18, of the bank dealer acting in its capacity as such. For NASD Code of Arbitration Procedure and the ISE 2001), 66 FR 39069 (July 26, 2001). purposes of this rule, every bank dealer shall be incorporated by reference the NYSE and CBOE 11 See Exchange Act Release No. 45094 subject to, and shall abide by, the NASD’s Code of margin rules, the Commission approved rule (November 21, 2001), 66 FR 39069 (December 3, Arbitration Procedure as if the bank dealer were a changes implementing these changes without 2001). ‘‘member’’ of the NASD. requiring the SROs to seek an exemption pursuant 12 NASD Dispute Resolution, a wholly owned 17 Thus, for example, a bank dealer’s refusal to to Section 36 of the Exchange Act from Section subsidiary of the NASD, now performs arbitration submit to arbitration pursuant to the NASD’s Code 19(b) with respect to rules incorporated by services for ISE and other SROs. See Exchange Act of Arbitration Procedure, or a bank dealer’s failure reference. The Commission has subsequently Release No. 41971 (September 30, 1999), 64 FR to pay an arbitration award rendered pursuant to determined and informed these SROs, however, 55793 (October 14, 1999) (approving SR–NASD 99– that Code, would constitute a violation of MSRB that such an exemption is necessary for them to 21, as effective on July 9, 2000). Rule G–35 since it is this rule that subjects bank continue to operate under incorporated rules of 13 See 17 CFR 240.0–12. dealers to the NASD’s Code. another SRO. 14 See Letter from Michael Simon, Senior Vice 18 See 17 CFR 240.0–12. 7 See Exchange Act Release No. 40622 (October President and General Counsel, ISE, to Jonathan G. 19 See Letter from Diane G. Klinke, General 30, 1998), 63 FR 59819 (November 5, 1998). Katz, Secretary, Commission, dated October 29, Counsel, MSRB, to Jonathan G. Katz, Secretary, 8 See 17 CFR 240.0–12. 2001. Commission, dated April 4, 2002.

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change, which was effective upon filing permits BOX members to elect to be within a category). The SRO could, pursuant to Section 19(b)(3)(A) of the bound by the margin rules of either the however, impose specific additional Exchange Act,20 allows a PCX member CBOE or NYSE. rules within the incorporated categories, to elect to be bound by the initial and On December 10, 2003, BSE if approved by the Commission maintenance margin requirements of submitted a formal request, pursuant to pursuant to Section 19(b)(2) of the either the CBOE or NYSE.21 Rule 0–12 under the Exchange Act,28 Exchange Act. In addition, the SRO On December 2, 2003, the ISE seeking an exemption under Section 36 seeking to incorporate another SRO’s submitted a formal request, pursuant to of the Exchange Act from the rule filing rules would be required to have Rule 0–12 under the Exchange Act,22 procedures of Section 19(b) of the reasonable procedures in place to seeking an exemption under Section 36 Exchange Act with respect to changes to provide written notice to its members of the Exchange Act from the rule filing the incorporated CBOE and NYSE each time a change is proposed to the procedures of Section 19(b) of the rules.29 incorporated rules of another SRO in Exchange Act with respect to changes to III. Order Granting Section 36 order to provide its members with the incorporated CBOE and NYSE Exemption notice of a proposed rule change that rules.23 affects their interests, so that they would 30 Section 36 of the Exchange Act have an opportunity to comment on it. E. Phlx authorizes the Commission to Therefore, the Commission is granting On October 1, 1998, the Commission conditionally or unconditionally the requests for exemption, pursuant to granted accelerated approval to a exempt any person, security, or Section 36 of the Exchange Act, from proposal by the Phlx to amend its transaction, or any class thereof, from the rule filing requirements imposed by arbitration rules to incorporate by any provision of the Exchange Act or Section 19(b) of the Exchange Act as set reference the NASD Code of Arbitration rule thereunder, if necessary or forth above by Amex, ISE, MSRB, PCX, Procedure. Specifically, Phlx amended appropriate in the public interest and Phlx and BSE, and will consider similar Phlx Rule 950 to state, in relevant part, consistent with the protection of future exemption requests from other that ‘‘[e]very member, member investors. The Commission believes that SROs, provided that: organization, member corporation, it is appropriate to issue exemptions, (1) An SRO wishing to incorporate participant and participant organization subject to the conditions described rules of another SRO by reference has . . . shall be subject to the Code for below, to allow SROs to incorporate by submitted a written request for an order every claim, dispute, or controversy reference the rules of other SROs exempting it from the requirement in arising out of or in connection with the without being subject to the rule filing section 19(b) of the Exchange Act to file securities business of any such member requirements of Section 19(b) of the proposed rule changes relating to the of the Exchange. . . . For purposes of Exchange Act whenever the SROs’ rules rules incorporated by reference, has Rule 950, each member will be subject that are incorporated by reference identified the applicable originating to and required to abide by the Code as change. Such exemptions will promote SRO(s), together with the rules it wants if such member were a ‘‘member’’ of the more efficient use of Commission and to incorporate by reference, and NASD.’’24 SRO resources by avoiding duplicative otherwise has complied with the On December 15, 2003, Phlx rule filings based on simultaneous procedural requirements set forth in the submitted a formal request, pursuant to changes to identical rule text sought by Commission’s release governing Rule 0–12 under the Exchange Act,25 more than one SRO. Where such an procedures for requesting exemptive seeking an exemption under Section 36 exemption is granted, an SRO that orders pursuant to Rule 0–12 under the of the Exchange Act from the rule filing incorporates by reference another SRO’s Exchange Act;31 procedures of Section 19(b) of the rules would agree to be governed by the (2) An incorporating SRO has Exchange Act with respect to changes to incorporated rules, as amended from requested incorporation of categories of the incorporated NASD Code of time to time, but not be required to file rules (rather than individual rules Arbitration Procedure.26 a separate proposed rule change with within a category) that are not trading the Commission each time the SRO rules (e.g., the SRO has requested F. BSE whose rules are incorporated by incorporation of rules such as margin, On January 13, 2004, the Commission reference seeks to modify its rules. suitability, arbitration); and approved BSE’s proposal to establish Any such exemption would be subject (3) The incorporating SRO has BOX as a new exchange facility.27 BSE to certain conditions. Specifically, the reasonable procedures in place to proposed, among other things, rules to SRO requesting the exemption would be provide written notice to its members govern members of BOX, including BOX required to incorporate by reference each time a change is proposed to the Rule Chapter 13, Section 3, which only regulatory rules (i.e., margin, incorporated rules of another SRO. suitability, arbitration), not trading Accordingly, it is ordered, pursuant to 20 15 U.S.C. 78s(b)(3)(A). rules, and to incorporate by reference section 36 of the Exchange Act,32 that 21 See Exchange Act Release No. 48894 whole categories of rules (rather than the Amex, ISE, MSRB, PCX, Phlx, and (December 8, 2003), 68 FR 70328 (December 17, ‘‘cherry-pick’’ certain individual rules BSE, with respect to incorporation by 2003) (File No. SR–PCX–2003–42). 22 reference of other SROs’ rules as See 17 CFR 240.0–12. 28 See 17 CFR 240.0–12. 23 specified above, and subject to the See Letter from Mai Sharif Shiver, Senior 29 See Letter from George W. Mann, Jr., Executive Attorney, Regulatory Policy, PCX, to Jonathan G. Vice President and General Counsel, BSE, to conditions described above, shall be Katz, Secretary, Commission, dated December 2, Jonathan G. Katz, Secretary, Commission, dated exempt from rule filing requirements 2003. December 9, 2003. specified by section 19(b) of the 24 See Exchange Act Release No. 40517 (October 30 15 U.S.C. 78mm. For example, the Commission Exchange Act to the extent that this 1, 1998), 63 FR 54177 (October 8, 1998). issued an order pursuant to Section 36 of the 25 section would otherwise require See 17 CFR 240.0–12. Exchange Act, granting to the NASD a temporary 26 See Letter from Lanny Schwartz, Executive exemption from Section 19(b), relating to the Vice President and General Counsel, Phlx, to acquisition and operation by Nasdaq of a software 31 See 17 CFR 240.0–12; Exchange Act Release Jonathan G. Katz, Secretary, Commission, dated development company. See Exchange Act Release No. 39624 (February 5, 1998), 63 FR 8101 (February December 12, 2003. No. 42713 (April 24, 2000), 65 FR 25401 (May 1, 18, 1998). 27 See supra Note 4. 2000). 32 15 U.S.C. 78mm.

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submission of a filing with the 4719. Anonymity those circumstances described in Commission regarding proposed rule (a) Pre-Trade Anonymity. subparagraph [(ii)](B) below, retain for changes. (1) With the exception of those the period specified in Rule 17a–4(a) the By the Commission. transactions described in paragraph identity of each member that executes Margaret H. McFarland, (a)(2) below, the identity of the member [an] a fully anonymous transaction described in paragraph [(a)](b) of Rule Deputy Secretary. submitting a Non-Attributable Quote/ Orders seeking pre-trade anonymity will 4719. The information shall be retained [FR Doc. 04–3883 Filed 2–23–04; 8:45 am] in its original form or a form approved BILLING CODE 8010–01–P remain anonymous until execution, at which time the member’s identity will be under Rule 17a–6. revealed to its contra party. [(ii)](B) In the situations described in (2) A Non-Attributable Quote/Order paragraphs [(b)(1)](b)(2) or [(d)](b)(4) of SECURITIES AND EXCHANGE Rule 4719, and solely with respect to COMMISSION seeking pre-trade anonymity will be processed on a fully anonymous basis in the member that submits, and receives an execution of, a fully anonymous Non- [Release No. 34–49266; File No. SR–NASD– accordance with paragraph (b) below 2004–015] when it matches and executes against a Attributable Quote/Order that is a Non-Attributable Quote/Order seeking Preferenced Order, the member retains Self-Regulatory Organizations; Notice full anonymity. the obligation to comply with Rules of Filing and Immediate Effectiveness (b) Full Anonymity. 17a–3(a)(1) and 17a–4(a) because it of Proposed Rule Change and [(a)](1) Transactions executed in possesses the identity of its contra party. Amendment No. 1 Thereto by the NNMS in which at least one member II. Self-Regulatory Organization’s National Association of Securities submits a Non-Attributable Quote/Order Statement of the Purpose of, and Dealers, Inc. To Restore the Pre-Trade seeking full anonymity will be Statutory Basis for, the Proposed Rule Only Anonymity Function for processed anonymously. The Change SuperMontage transaction reports will indicate the In its filing with the Commission, details of the transactions, but will not February 17, 2004. Nasdaq included statements concerning reveal contra party identities. Pursuant to Section 19(b)(1) of the the purpose of, and basis for, the [(b)(1)](2)(A) The processing Securities Exchange Act of 1934 proposed rule change and discussed any described in paragraph [(a)](b)(1) shall (‘‘Act’’),1 and Rule 19b–4 thereunder,2 comments it received on the proposed not apply to transactions executed in notice is hereby given that on January rule change. The text of these statements NNMS when the member whose Quote/ 27, 2004, the National Association of may be examined at the places specified Order is decremented is an Order- Securities Dealers, Inc. (‘‘NASD’’), in Item IV below. Nasdaq has prepared Delivery ECN that charges an access fee. through its subsidiary, The Nasdaq summaries, set forth in Sections A, B, [(2)](B) Except as required to comply Stock Market, Inc. (‘‘Nasdaq’’), and C below, of the most significant with the request of a regulator, or as submitted to the Securities and aspects of such statements. ordered by a court or arbitrator, Order- Exchange Commission (‘‘Commission’’) Delivery ECNs shall not disclose the A. Self-Regulatory Organization’s the proposed rule change as described identity of the member that submitted a Statement of the Purpose of, and in Items I, II, and III below, which Items Non-Attributable Quote/Order that Statutory Basis for, the Proposed Rule have been prepared by Nasdaq. On decremented the Order-Delivery ECN’s Change February 5, 2004, Nasdaq filed Quote/Order. 3 1. Purpose Amendment No. 1 to the proposal. The [(c)](3) The Association will reveal a Commission is publishing this notice to member’s identity in the following In response to requests from members, solicit comments on the proposed rule circumstances: Nasdaq is proposing to restore the pre- change, as amended, from interested [(1)](A) when the National Securities trade only anonymity option for orders persons. Clearing Corporation (‘‘NSCC’’) ceases submitted to SuperMontage. Pre-trade I. Self-Regulatory Organization’s to act for a member, or the member’s anonymity will be an option in addition Statement of the Terms of the Substance clearing firm, and NSCC determines not to the full anonymity feature.4 With of the Proposed Rule Change to guarantee the settlement of the respect to anonymity, members will member’s trades; now have the choice to submit orders Nasdaq is proposing to restore the [(2)](B) for regulatory purposes or to that will preserve their anonymity on a pre-trade only anonymity option for comply with an order of an arbitrator or pre-trade basis only or through orders submitted to the Nasdaq National court; or Market Execution System (commonly 4 [(3)](C) on risk management reports An attributable Quote/Order is the default for a known as SuperMontage). provided to the member’s contra parties market maker or Electronic Communication The text of the proposed rule change Network (‘‘ECN’’). If a market maker or ECN wants each day after 4:00 p.m., which disclose is below. Proposed new language is to trade in anonymous fashion (i.e., a non- trading activity on an aggregate dollar attributable Quote/Order), it must indicate either italicized; deleted language is bracketed. value basis. pre-trade anonymity or full anonymity. The default * * * * * for Order Entry (‘‘OE’’) Firms is different because [(d)](4) The Association will reveal to an OE Firm is not allowed to display Quote/Orders a member, no later than the end of the under its own market participant identification. If 1 15 U.S.C. 78s(b)(1). day on the date an anonymous trade an OE Firm submits an Immediate or Cancel 2 17 CFR 240.19b–4. was executed, when the member’s (‘‘IOC’’) order (i.e., no chance of the order being 3 See letter from Peter Geraghty, Associate Vice displayed on the book), the default is no anonymity. President and Associate General Counsel, Nasdaq, Quote/Order has been decremented by However, if the OE Firm submits something other to Marc McKayle, Special Counsel, Division of another Quote/Order submitted by that than an IOC order, the default is full anonymity. An Market Regulation (‘‘Division’’), Commission, dated same member. OE Firm must affirmatively choose pre-trade February 4, 2004 (‘‘Amendment No. 1’’). In [(e)(i)](5)(A) In order to satisfy anonymity. See e-mails from Peter Geraghty, Amendment No. 1, Nasdaq amended the proposal Associate Vice President and Associate General rule change for consideration under Section members’ record keeping obligations Counsel, Nasdaq, to Marc McKayle, Special 19(b)(3)(A) of the Act, and Rule 19b–4(f)(6) under SEC Rules 17a–3(a)(1) and 17a– Counsel, Division, Commission, dated February 4 thereunder, as opposed to Rule 19b–4(f)(5). 4(a), Nasdaq shall, with the exception of and February 12, 2004.

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settlement (i.e., full anonymity). Pre- 2. Statutory Basis IV. Solicitation of Comments trade anonymity is the functionality that Nasdaq believes that the proposed existed in SuperMontage prior to the Interested persons are invited to rule change is consistent with the submit written data, views, and Commission approving the full provisions of Section 15A of the Act,8 in arguments concerning the foregoing, anonymity feature on September 23, general, and with Section 15A(b)(6) of 5 2003. the Act,9 in particular, in that it is including whether the proposed rule Pre-trade only anonymity will designed to foster coordination and change, as amended, is consistent with function in the same manner as it did cooperation with persons engaged in the Act. Persons making written prior to full anonymity becoming regulating, clearing, settling, processing submissions should file six copies available, with one exception discussed information with respect to, and thereof with the Secretary, Securities below. A member seeking pre-trade facilitating transactions in securities. and Exchange Commission, 450 Fifth anonymity will submit a Non- The proposal is consistent with this Street, NW., Washington, DC 20549– Attributable Quote/Order indicating it is obligation because it provides members 0609. Comments may also be submitted seeking pre-trade anonymity. If the an additional option for submitting electronically at the following e-mail order is not marketable immediately, the anonymous orders and it is address: [email protected]. All order will be placed in the functionality that previously existed in comment letters should refer to File No. SuperMontage book and reside under SuperMontage. SR–NASD–2004–015. This file number the SIZE acronym. Once the order is executed, whether immediately upon B. Self-Regulatory Organization’s should be included on the subject line submission to SuperMontage or when Statement on Burden on Competition if e-mail is used. To help the Commission process and review your an incoming order matches against the Nasdaq does not believe that the comments more efficiently, comments anonymous order as it resides in SIZE, proposed rule change will result in any should be sent in hard copy or by e- the identity of the member that burden on competition that is not submitted the order will be revealed to necessary or appropriate in furtherance mail, but not by both methods. Copies its contra party on the SuperMontage of the purposes of the Act, as amended. of the submission, all subsequent and Automated Confirmation amendments, all written statements Transaction Service (‘‘ACT’’) reports.6 C. Self-Regulatory Organization’s with respect to the proposed rule Both members that are a party to the Statement on Comments on the change that are filed with the trade will know the identity of their Proposed Rule Change Received from Commission, and all written contra party.7 In addition, the members’ Members, Participants, or Others communications relating to the identities will be revealed on the Written comments were neither proposed rule change between the contract sheets issued by the National solicited nor received. Commission and any person, other than Securities Clearing Corporation. those that may be withheld from the The one difference between how pre- III. Date of Effectiveness of the Proposed Rule Change and Timing for public in accordance with the trade only anonymous orders will be provisions of 5 U.S.C. 552, will be processed under this proposal, Commission Action available for inspection and copying in compared to the processing that The foregoing rule change has become occurred prior to full anonymity being effective pursuant to Section 19(b)(3)(A) the Commission’s Public Reference implemented, occurs when a order of the Act,10 and subparagraph (f)(6) of Room. Copies of such filing will also be seeking pre-trade only anonymity Rule 19b–4,11 thereunder because it available for inspection and copying at matches against an order seeking full does not: (i) significantly affect the the principal office of the NASD. All anonymity. In such instances, the trade protection of investors or the public submissions should refer to file number will be processed on a fully anonymous interest; (ii) impose any significant SR–NASD–2004–015 should be basis consistent with NASD Rule burden on competition; (iii) become submitted by March 16, 2004. 4719(b), as amended. operative for 30 days from the date on For the Commission, by the Division of which it was filed, or such shorter time Market Regulation, pursuant to delegated 5 See Securities Exchange Act Release No. 48527 as the Commission may designate. At authority.13 (September 23, 2003), 68 FR 56361 (September 30, any time within 60 days of the filing of 2003). Margaret H. McFarland, the proposed rule change, the 6 Presently, anonymous orders submitted to Deputy Secretary. SuperMontage can reside on the book under SIZE, Commission may summarily abrogate [FR Doc. 04–3882 Filed 2–23–04; 8:45 am] however, with certain exceptions described in such rule change if it appears to the NASD Rule 4719, the identities of the members who Commission that such action is BILLING CODE 8010–01–P executed the anonymous order are not revealed. Similarly, the members remain anonymous today necessary or appropriate in the public when an anonymous order is executed immediately interest, for the protection of investors, upon submission to SuperMontage. or otherwise in furtherance of the 7 Because members will know the identities of purposes of the Act.12 their contra-parties when a pre-trade only anonymity order is executed, members must 8 comply with the recordkeeping obligations under 15 U.S.C. 78o–3. SEC Rules 17a–3(a)(1) and 17a–4(a) to record and 9 15 U.S.C. 78o–3(b)(6). maintain the identities of their contra-parties. See 10 15 U.S.C. 78s(b)(3)(A). NASD Rule 4719. 11 17 CFR 240.19b–4(f)(6). Similarly, the exemption the Commission issued 12 The pre-trade only anonymity feature will be with respect to SEC Rule 10b–10 relieving members available on or after April 19, 2004; the exact date of their obligation to provide customers with the of implementation has not been finalized. Nasdaq identities of their contra-parties is not available will issue a Head Trader Alert informing members because members will know the identities of their of the exact date when this feature will be available contra-parties. See letter from Brian A. Bussey, again. For the purposes of determining the effective Assistant Chief Counsel, Division of Market date and calculating the 60-day abrogation period, Regulation, Commission, to Edward S. Knight, the Commission considers the proposed rule change Executive Vice President and General Counsel, to have been filed on February 5, 2004, the date Nasdaq, dated September 23, 2003. Nasdaq filed Amendment No. 1. 13 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE Registered Reporting ADF Market electronic communications networks) COMMISSION Makers), or a bid and/or offer (for the ability to post quotations in Nasdaq Registered Reporting ADF ECNs), in the securities and provides all members that [Release No. 34–49252; File No. SR–NASD– participate in the ADF the ability to 2004–02] Alternative Display Facility, NASD Market Participants must: view quotations and report transactions Self-Regulatory Organizations; Notice (1) through (2) No change. in Nasdaq securities to the Securities of Filing of Proposed Rule Change and (3) Provide at least 14 calendar days Information Processor (‘‘SIP’’) for Amendment No. 1 Thereto by National advance written notice, via facsimile, Nasdaq-listed issues for consolidation Association of Securities Dealers, Inc. personal delivery, courier or overnight and dissemination of data to vendors Relating To Amend NASD Rule 4300A mail, to NASD Alternative Display and ADF market participants. ADF also To Require an NASD Alternative Facility Operations before denying any provides for trade comparison through Display Facility Market Participant To NASD member direct or indirect the Trade Reporting and Comparison Provide Advance Written Notice Prior electronic access, as defined below. The Service (‘‘TRACS’’). ADF further To Denying Electronic Access to Its 14-day period begins on the first provides for real-time data delivery to Quote to Any NASD Member business day that NASD Alternative NASD for regulatory purposes, Display Facility Operations has receipt including enforcement of firm quote and February 13, 2004. of the notice. related rules. Pursuant to Section 19(b)(1) of the (4) [(3)] [Market Participants shall ADF does not provide an order- Securities Exchange Act of 1934 s]Share equally the costs of providing to routing capability. Instead, NASD Rule (‘‘Act’’),1 and Rule 19b–4 thereunder,2 each other the direct electronic access 4300A requires Market Participants to notice is hereby given that on January 8, required pursuant to paragraph (a)(1), provide direct electronic access to other 2004 the National Association of unless those Market Participants agree Market Participants and to provide to all Securities Dealers, Inc. (‘‘NASD’’) filed upon another cost-sharing arrangement. other NASD members direct electronic with the Securities and Exchange (b) through (f) No change. access or allow for indirect electronic Commission (‘‘Commission’’) the * * * * * access to the individual Market proposed rule change as described in Participant’s quote. This rule provides II. Self-Regulatory Organization’s Items I, II, and III below, which Items the means for ADF Market Participants Statement of the Purpose of, and have been prepared by NASD. On and other broker/dealers to access ADF Statutory Basis for, the Proposed Rule February 5, 2004, the Commission quotes and, among other things, meet Change received Amendment No. 1 to the the firm quote and locked and crossed proposed rule change.3 The Commission In its filing with the Commission, quotation requirements. is publishing this notice to solicit NASD included statements concerning NASD Rule 4300A prohibits Market comments on the proposed rule change, the purpose of and basis for the Participants from in any way as amended, from interested persons. proposed rule change and discussed any discouraging or discriminating against comments it received on the proposed members that wish to reach their quotes. I. Self-Regulatory Organization’s rule change. The text of these statements A Market Participant may deny access Statement of the Terms of the Substance may be examined at the places specified only in the limited circumstances where of the Proposed Rule Change in Item IV below. NASD has prepared a broker-dealer fails to pay contractually NASD proposes to amend NASD Rule summaries, set forth in Sections A, B, obligated costs for access to a market 4300A to require an Alternative Display and C below, of the most significant participant’s quotes; otherwise, market Facility (‘‘ADF’’) Market Participant to aspects of such statements. participants must provide access to their provide advance written notice to quotes displayed in the ADF to all A. Self-Regulatory Organization’s NASD’s ADF Market Operations (‘‘ADF broker-dealers seeking such access.7 Statement of the Purpose of, and Market Operations’’) before denying Recently, NASD became aware that an Statutory Basis for, the Proposed Rule electronic access to its ADF quote to any ADF Market Participant denied access Change NASD member in the limited to a second ADF Market Participant for circumstances where a broker-dealer 1. Purpose allegedly failing to pay contractually fails to pay contractually obligated costs obligated costs. This action caused ADF is a quotation collection, trade disruption not only for the ADF Market for access to the ADF Market comparison, and trade reporting facility Participant’s quotations. Participant denied access, but also other developed by NASD in accordance with NASD members that typically accessed The text of the proposed rule change the Commission’s SuperMontage appears below. Proposed new language 4 the first ADF Market Participant’s quote Approval Order and in conjunction through the second ADF Market is in italics. Proposed deletions are in with Nasdaq’s anticipated registration as [brackets]. 5 Participant’s routing system. Although a national securities exchange. ADF there were other means in place by * * * * * currently is operating as a pilot until 6 which an NASD member could access 4300A. Quote and Order Access October 26, 2004, and it is anticipated the first ADF Market Participant’s Requirements that ADF will continue to operate on a quotes, absence of any advance notice of pilot basis until the Commission the denial of access caused confusion in (a) To ensure that NASD Market approves the operation of the ADF on a Participants comply with their quote the marketplace as members considered permanent basis. how best to access the first ADF Market and order access obligations as defined ADF provides Market Participants Participant’s quotes by other means. below, for each security in which they (e.g., ADF-registered market makers or elect to display a bid and offer (for Accordingly, to maintain market efficiency and prevent such confusion 4 See Securities Exchange Act Release No. 43863 1 15 U.S.C. 78s(b)(1). (January 19, 2001), 66 FR 8020 (January 26, 2001). in the future, NASD proposes to amend 2 17 CFR 240.19b–4. 5 See Securities Exchange Act Release No. 44396 NASD Rule 4300A to require ADF 3 On February 5, 2004, NASD filed a Form 19b– (June 7, 2001), 66 FR 31952 (June 13, 2001). 4, which replaced the original filing in its entirety 6 See Securities Exchange Act Release No. 49131 7 See Securities Exchange Act Release No. 46249 (‘‘Amendment No. 1’’). (January 27, 2004), 69 FR 5229 (February 3, 2004). (July 24, 2002), 67 FR 49822 (July 31, 2002).

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Market Participants to provide written III. Date of Effectiveness of the For the Commission, by the Division of notice, via facsimile, personal delivery, Proposed Rule Change and Timing for Market Regulation, pursuant to delegated courier or overnight mail, at least 14 Commission Action authority.9 calendar days in advance to ADF Margaret H. McFarland, Operations before denying direct or Within 35 days of the date of Deputy Secretary. publication of this notice in the Federal indirect electronic access to an NASD [FR Doc. 04–3884 Filed 2–23–04; 8:45 am] member. The 14-day period begins on Register or within such longer period (i) the first business day that ADF as the Commission may designate up to BILLING CODE 8010–01–P Operations has receipt of the notice. To 90 days of such date if it finds such ensure proper documentation of longer period to be appropriate and SECURITIES AND EXCHANGE compliance with this rule, members publishes its reasons for so finding or COMMISSION should maintain evidence of receipt of (ii) as to which the self-regulatory the notice (i.e., dated facsimile organization consents, the Commission [Release No. 34–49265; File No. SR–NASD– confirmation, receipt from a courier, will: etc.). ADF Operations will then post this 2004–019] notice on the ADF Web page to ensure (A) by order approve such proposed that members have adequate time to rule change, or Self-Regulatory Organizations; Notice make other routing or access (B) institute proceedings to determine of Filing and Immediate Effectiveness arrangements, as necessary. whether the proposed rule change of Proposed Rule Change and NASD believes that it is important to should be disapproved. Amendments No. 1 and 2 Thereto by note, however, that the proposed the National Association of Securities notification and publication of an ADF IV. Solicitation of Comments Dealers, Inc. To Clarify the Application of SuperMontage Pricing to Market Participant’s intent to deny Interested persons are invited to Discretionary Orders access will have no bearing on the submit written data, views, and merits of any claim between the ADF arguments concerning the foregoing, Market Participant and any affected February 17, 2004. including whether the proposed rule broker-dealers, nor will it insulate the Pursuant to Section 19(b)(1) of the change, as amended, is consistent with ADF Market Participant from liability Securities Exchange Act of 1934 the Act. Persons making written for violations of NASD rules or the (‘‘Act’’),1 and Rule 19b–4 thereunder,2 submissions should file six copies federal securities laws should it be notice is hereby given that on February thereof with the Secretary, Securities determined that the denial of access was 2, 2004, the National Association of and Exchange Commission, 450 Fifth inappropriate. Securities Dealers, Inc. (‘‘NASD’’), Street, NW., Washington, DC 20549– through its subsidiary, The Nasdaq 2. Statutory Basis 0609. Comments may also be submitted Stock Market, Inc. (‘‘Nasdaq’’), NASD believes that the proposed rule electronically at the following e-mail submitted to the Securities and change is consistent with the provisions address: [email protected]. All Exchange Commission (‘‘Commission’’) of Section 15A(b)(6) of the Act,8 which comment letters should refer to File No. the proposed rule change as described requires, among other things, that SR–NASD–2004–02. This file number in Items I, II, and III below, which Items NASD’s rules must be designed to should be included on the subject line have been prepared by Nasdaq. On prevent fraudulent and manipulative if e-mail is used. To help the February 6, 2004, Nasdaq submitted acts and practices, to promote just and Commission process and review Amendment No. 1 to the proposal.3 On equitable principles of trade, and, in comments more efficiently, comments February 10, 2004, Nasdaq filed general, to protect investors and the should be sent in hardcopy or by e-mail Amendment No. 2 to the proposal.4 The public interest. The proposed rule but not by both methods. Copies of the Commission is publishing this notice to change would amend NASD Rule 4300A submission, all subsequent to require an ADF Market Participant to solicit comments on the proposed rule amendments, all written statements provide advance written notice to ADF change, as amended, from interested with respect to the proposed rule Operations before denying electronic persons. change, as amended, that are filed with access to its ADF quote, thereby, NASD the Commission, and all written believes, facilitating market efficiency 9 communications relating to the 17 CFR 200.30–3(a)(12). and reducing potential confusion for 1 15 U.S.C. 78s(b)(1). proposed rule change, as amended, market participants. 2 17 CFR 240.19b–4. between the Commission and any 3 B. Self-Regulatory Organization’s See letter from John M. Yetter, Associate person, other than those that may be General Counsel, Nasdaq, to Katherine A. England, Statement on Burden on Competition withheld from the public in accordance Assistant Director, Division of Market Regulation NASD does not believe that the with the provisions of 5 U.S.C. 552, will (‘‘Division’’), Commission, dated February 5, 2004 proposed rule change, as amended, will be available for inspection and copying (‘‘Amendment No. 1’’). In Amendment No. 1, result in any burden on competition that Nasdaq amended the proposed rule text to clarify in the Commission’s Public Reference that a resting discretionary order that executes is not necessary or appropriate in Room. Copies of such filing will also be within its discretionary price range is deemed to be furtherance of the purposes of the Act. available for inspection and copying at the liquidity accessor, unless the incoming order the principal office of the NASD. against which it executes is designated ‘‘immediate- C. Self-Regulatory Organization’s or-cancel,’’ in which case the incoming order is the Statement on Comments on the All submissions should refer to file liquidity accessor. Nasdaq also clarified the manner Proposed Rule Change Received From number SR–NASD–2004–02 and should that it intends to implement discretionary orders. Members, Participants, or Others be submitted by March 16, 2004. 4 See letter from John M. Yetter, Associate General Counsel, Nasdaq, to Katherine A. England, Written comments were neither Assistant Director, Division, Commission, dated solicited nor received. February 9, 2004 (‘‘Amendment No. 2’’). In Amendment No. 2, Nasdaq made a technical 8 15 U.S.C. 78o–3(b)(6). amendment to the proposed rule text.

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I. Self-Regulatory Organization’s orders. Nasdaq will implement the Rule 7010. System Services Statement of the Terms of the Substance proposed rule change in conjunction (a)–(h) No change. of the Proposed Rule Change with the introduction of the (i) Nasdaq National Market Execution Nasdaq proposes to clarify the discretionary order in SuperMontage.5 System (SuperMontage). application of Nasdaq’s pricing The text of the proposed rule change (1) The following charges shall apply schedule for the Nasdaq National is below. Proposed new language is in to the use of the Nasdaq National Market Execution System (‘‘NNMS’’ or italics. Market Execution System (commonly ‘‘SuperMontage’’) to discretionary known as SuperMontage) by members:

ORDER ENTRY

Non-Directed Orders (excluding Preferenced Orders) ...... No charge. Preferenced Orders: Preferenced Orders that access a Quote/Order of the member that entered the No charge. Preferenced Order). Other Preferenced Orders ...... $0.02 per order entry. Directed Orders ...... $0.10 per order entry.

ORDER EXECUTION

Non-Directed or Preferenced Order that accesses the Quote/Order of a market participant that does not charge an access fee to market participants accessing its Quotes/Orders through the NNMS: Charge to member entering order: Average daily shares of liquidity provided through the NNMS by the member during the month: 400,000 or less ...... $0.003 per share executed (but no more than $120 per trade for trades in securities exe- cuted at $1.00 or less per share). 400,001 to 5,000,000...... $0.0027 per share executed (but no more than $108 per trade for trades in securities executed at $1.00 or less per share). 5,000,001 or more ...... $0.0025 per share executed (but no more than $100 per trade for trades in securities executed at $1.00 or less per share). Credit to member providing liquidity ...... $0.002 per share executed (but no more than $80 per trade for trades in securities exe- cuted at $1.00 or less per share). Non-Directed or Preferenced Order that accesses the Quote/Order of a market participant that charges an access fee to market participants accessing its Quotes/Orders through the NNMS: Charge to member entering order: Average daily shares of liquidity provided through the NNMS by the member during the month: 400,000 or less ...... $0.001 per share executed (but no more than $40 per trade for trades in securities exe- cuted at $1.00 or less per share). 400,001 or more ...... $0.001 per share executed (but no more than $40 per trade for trades in securities exe- cuted at $1.00 or less per share, and no more than $10,000 per month). Directed Order ...... $0.003 per share executed. Non-Directed or Preferenced Order entered by a member that accesses its own Quote/Order No charge. submitted under the same or a different market participant identifier of the member.

ORDER CANCELLATION

Non-Directed and Preferenced Orders ...... No charge. Directed Orders ...... $0.10 per order cancelled.

(2) For purposes of assessing NNMS to being displayed as a Quote/Order will receives delivery of) a displayed fees and credits hereunder, (A) a always be deemed to be accessing Discretionary Order at a price in the Discretionary Order that executes prior liquidity unless it is executed by (or discretionary price range of the

5 The discretionary order had previously been execution algorithms proposed in Securities approval of SR–NASD–2003–128 is significantly scheduled for introduction within three weeks of its Exchange Act Release No. 48501 (September 17, delayed, Nasdaq will introduce the discretionary date of approval by the Commission. See Securities 2003), 68 FR 56358 (September 30, 2003) (SR– order separately, and will inform market Exchange Act Release No. 49085 (January 15, 2004), NASD–2003–128). Accordingly, Nasdaq will defer participants of the exact implementation date via a 69 FR 3412 n.8 (January 23, 2004) (SR–NASD– introduction of the discretionary order for a few Head Trader Alert on www.nasdaqtrader.com. See 2003–165). As a matter of operational efficiency, additional weeks, and will inform market Amendment No. 2, supra note 4. however, Nasdaq has determined that it would be participants of the exact implementation date via a The Commission notes that it approved File No. preferable to coordinate implementation of the Head Trader Alert on www.nasdaqtrader.com. If the NASD–2003–128 on February 11, 2004. See order with the elimination of certain order Commission disapproves SR–NASD–2003–128 or if Securities Exchange Act Release No. 49220.

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displayed Discretionary Order, and (B) a Nasdaq’s current fee schedule for treated as the liquidity accessor. This Discretionary Order that executes after SuperMontage features a per share principal would apply if the incoming being displayed as a Quote/Order will charge for the execution of Non-Directed limit order was itself a discretionary always be deemed to be providing or Preferenced Orders that access order that was executed by (or received liquidity, unless the displayed liquidity provided by Quotes/Orders delivery of) a resting discretionary order Discretionary Order executes against (or resting on the SuperMontage book, as at its discretionary price, since the is delivered to) a Quote/Order or Non- well as a per share credit to a member participant entering the incoming Directed Order that has not been that provides the liquidity for an discretionary would not be aware of the designated ‘‘Immediate or Cancel,’’ at a execution and does not charge an access discretionary prices of the resting price in its discretionary price range. fee. The purpose of this rule change is order.8 Moreover, since the two (j)–(u) No change. to clarify the conditions under which a interacting discretionary orders would discretionary order is deemed to access execute at the price most favorable to II. Self-Regulatory Organization’s liquidity (and is therefore assessed an the resting order, it is reasonable to treat Statement of the Purpose of, and execution charge) and the conditions the incoming discretionary order as the Statutory Basis for, the Proposed Rule under which it is deemed to provide provider of liquidity to the price sought Change liquidity (and is therefore eligible for a by the resting order. When an incoming liquidity provider credit). In its filing with the Commission, order is designated ‘‘Immediate or An incoming discretionary order that Cancel,’’ however, a resting Nasdaq included statements concerning executes against a Quote/Order on the the purpose of and basis for the discretionary order with which the IOC SuperMontage book is always order interacts would be deemed the proposed rule change and discussed any considered the liquidity accessor and is comments it received on the proposed liquidity provider, since a participant charged accordingly, unless it is entering an IOC order would never rule change. The text of these statements executed by (or receives delivery of) a may be examined at the places specified expect the order to post on the displayed discretionary order at a price SuperMontage book, and would in Item IV below. Nasdaq has prepared in the discretionary price range of the summaries, set forth in Sections A, B, therefore be deemed the liquidity displayed discretionary order. A resting accessor in all circumstances. and C below, of the most significant discretionary order that executes at its aspects of such statements. displayed price is always deemed to be 2. Statutory Basis A.Self-Regulatory Organization’s the liquidity provider. A resting Nasdaq believes that the proposed Statement of the Purpose of, and discretionary order that executes within rule change is consistent with the Statutory Basis for, the Proposed Rule its discretionary price range is deemed provisions of Section 15A of the Act,9 in Change to be the liquidity accessor, unless the general, and with Section 15A(b)(5) of incoming order against which it 10 1. Purpose the Act, in particular, in that it executes is designated ‘‘immediate-or- provides for the equitable allocation of The Commission recently approved cancel,’’ in which case the incoming reasonable dues, fees and other charges the introduction of the discretionary order is the liquidity accessor. among members and issuers, and other Nasdaq believes that designating the order as a new order type for use in persons using any facility or system liquidity provider and accessor in this SuperMontage.6 As described more fully which the NASD operates or controls. manner will ensure that fees and credits in Nasdaq’s filing to establish the The proposed rule change clarifies the for order executions are assigned in discretionary order,7 a discretionary circumstances under which a accordance with the reasonable discretionary order is deemed to order may execute either at its displayed expectations of the parties to provide liquidity or access liquidity for bid or offer price or at non-displayed transactions involving discretionary purposes of assessment of execution discretionary price(s) at which the orders. Specifically, because participant is also willing to buy or sell, discretionary prices are not displayed, fees and credits, based upon the if necessary. For example, a market market participants entering orders will reasonable expectations of parties to participant may enter a discretionary not be able to base their expectations transactions involving discretionary order to buy at $20.00, with a about whether their orders will execute orders. discretionary price range of $0.05, or be displayed on knowledge about B. Self-Regulatory Organization’s thereby indicating that the market available discretionary prices. Statement on Burden on Competition participant wishes to buy at $20.00, but Moreover, although a participant is also willing to pay up to $20.05. An entering a discretionary order is willing Nasdaq does not believe that the incoming discretionary order will to trade at discretionary prices if proposed rule change will result in any attempt to execute at its displayed price necessary, it is not willing to advertise burden on competition that is not and then at successively higher prices, these prices to the market. Thus, if the necessary or appropriate in furtherance up to its highest discretionary price. If best bid of $20.00 was set by a of the purposes of the Act, as amended. an incoming discretionary order is not discretionary order with discretion up C. Self-Regulatory Organization’s filled through interaction with Quotes/ to $20.04 and the best offer was $20.05, Statement on Comments on the Orders on the SuperMontage book, the a market participant entering a ‘‘Day’’ Proposed Rule Change Received From discretionary order will be posted and limit order to sell at $20.04 would Members, Participants, or Others available for interaction with incoming expect the order to establish a new best orders, either at its displayed price or at offer, but the order would instead be Written comments were neither discretionary price(s). executed by (or receive delivery of) the solicited nor received. discretionary order at $20.04. Under 6 See Securities Exchange Act Release No. 49085 these circumstances, Nasdaq believes 8 Telephone conversation between John M. Yetter, (January 15, 2004), 69 FR 3412 (January 23, 2004) that the participant entering the Day Associate General Counsel, Nasdaq and Marc (Order approving File No. SR–NASD–2003–165). McKayle, Special Counsel, Division, Commission 7 See Securities Exchange Act Release No. 48868 limit order should be treated as the on February 17, 2004. (December 3, 2003), 68 FR 68677 (December 9, liquidity provider, while the participant 9 15 U.S.C. 78o–3. 2003) (Notice for File No. SR–NASD–2003–165). with the discretionary order should be 10 15 U.S.C. 78o–3(b)(5).

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III. Date of Effectiveness of the For the Commission, by the Division of A. Self-Regulatory Organization’s Proposed Rule Change and Timing for Market Regulation, pursuant to delegated Statement of the Purpose of, and Commission Action authority.14 Statutory Basis for, the Proposed Rule The foregoing rule change has become Margaret H. McFarland, Change effective pursuant to Section Deputy Secretary. 1. Purpose 19(b)(3)(A)(ii) of the Act,11 and [FR Doc. 04–3887 Filed 2–23–04; 8:45 am] The Exchange is proposing to amend subparagraph (f)(2) of Rule 19b–4 BILLING CODE 8010–01–P the Floor, Market Maker and Remote thereunder,12 because it establishes or Market Maker portion of its Schedule in changes a due, fee, or other charge order to create a connectivity fee of $300 imposed by the self-regulatory SECURITIES AND EXCHANGE per line per month that would be organization. At any time within 60 COMMISSION applicable to non-members that days of the filing of the proposed rule [Release No. 34–49263; File No. SR–PCX– maintain a connectivity line with the change, the Commission may summarily 2004–05] Exchange. abrogate such rule change if it appears On December 12, 2003, the Exchange to the Commission that such action is Self-Regulatory Organizations; Notice filed a proposed rule change to necessary or appropriate in the public of Filing of Proposed Rule Change by implement a connectivity fee applicable interest, for the protection of investors, the Pacific Exchange, Inc. To Amend to members of the Exchange.3 This fee or otherwise in furtherance of the Its Rules To Impose a Connectivity Fee became effective upon filing.4 At this purposes of the Act.13 Applicable to Non-Members That time, the Exchange wishes to implement Maintain a Connectivity Line With the IV. Solicitation of Comments the same connectivity fee applicable Exchange 5 Interested persons are invited to non-members. As the Exchange submit written data, views, and February 17, 2004. previously stated, it maintains a arguments concerning the foregoing, Pursuant to Section 19(b)(1) of the significant number of including whether the proposed rule Securities Exchange Act of 1934 telecommunications lines that support change is consistent with the Act. (‘‘Act’’)1 and Rule 19b–4 thereunder,2 connectivity from various routing firms Persons making written submissions notice is hereby given that on January from both members and non-members of should file six copies thereof with the 28, 2004, the Pacific Exchange, Inc. the Exchange. Thus, the PCX dedicates Secretary, Securities and Exchange (‘‘PCX’’ or ‘‘Exchange’’) filed with the a significant amount of resources to Commission, 450 Fifth Street, NW., Securities and Exchange Commission installation and maintenance. The Washington, DC 20549–0609. (‘‘Commission’’) the proposed rule installation and maintenance costs for Comments may also be submitted change as described in Items I, II, and these lines are the same for members electronically at the following e-mail III below, which Items have been and non-members. Therefore, the address: [email protected]. All prepared by the Exchange. The Exchange believes that the proposed fee comment letters should refer to File No. Commission is publishing this notice to will provide for the cost recovery of the SR–NASD–2004–019. This file number solicit comments on the proposed rule expenses incurred as part of the initial should be included on the subject line change from interested persons. deployment and ongoing testing of these if e-mail is used. To help the lines. I. Self-Regulatory Organization’s Commission process and review your Statement of the Terms of Substance of 2. Statutory Basis comments more efficiently, comments the Proposed Rule Change should be sent in hard copy or by e- The Exchange believes that the mail, but not by both methods. Copies The Exchange is proposing to amend proposal is consistent with Section 6(b) of the submission, all subsequent the Floor, Market Maker and Remote of the Act,6 in general, and Section amendments, all written statements Market Maker Fees portion of its 6(b)(4) of the Act,7 in particular, in that with respect to the proposed rule Schedule of Fees and Charges it provides for the equitable allocation change that are filed with the (‘‘Schedule’’). The text of the proposed of reasonable dues, fees and other Commission, and all written change to the fee schedule is available charges among its members and other communications relating to the at the Exchange and at the Commission. persons using its facilities. proposed rule change between the II. Self-Regulatory Organization’s B. Self-Regulatory Organization’s Commission and any person, other than Statement of the Purpose of, and Statement on Burden on Competition those that may be withheld from the Statutory Basis for, the Proposed Rule public in accordance with the The Exchange does not believe that Change provisions of 5 U.S.C. 552, will be the proposed rule change will impose available for inspection and copying in In its filing with the Commission, the Exchange included statements 3 See Securities Exchange Act Release No. 48970 the Commission’s Public Reference (December 22, 2003), 68 FR 75306 (December 30, Room. Copies of such filing will also be concerning the purpose of and basis for 2003) (SR–PCX–2003–67). available for inspection and copying at the proposed rule change and discussed 4 See Section 19(b)(3)(A)(ii) of the Act. 15 U.S.C. the principal office of the NASD. All any comments it received on the 78s(b)(3)(A)(ii). submissions should refer to File No. proposed rule change. The text of these 5 The Exchange does not anticipate that a SR–NASD–2004–019 and should be statements may be examined at the significant number of non-members will be billed as a result of this proposed rule change. However, submitted by March 16, 2004. places specified in Item IV below. The the proposed rule change attempts to align the Exchange has prepared summaries, set connectivity fee with the parties that are 11 15 U.S.C. 78s(b)(3)(A)(ii). forth in Sections A, B, and C below, of establishing connections with this market center, 12 17 CFR 240.19b–4(f)(2). the most significant aspects of such irrespective of whether the parties are members. 13 For the purpose of calculating the 60-day statements. Accordingly, the Exchange is expanding the scope abrogation period, and the date that the proposed of the connectivity fee so that it can appropriately rule change is immediately effective, the assess the fee on non-member firms such as Commission considers the proposed rule change to 14 17 CFR 200.30–3(a)(12). correspondents and service bureaus. have been filed on February 10, 2004; the date 1 15 U.S.C. 78s(b)(1). 6 15 U.S.C. 78f(b). Nasdaq filed Amendment No. 2. 2 17 CFR 240.19b–4. 7 15 U.S.C. 78f(b)(4).

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any burden on competition that is not SR–PCX–2004–05 and should be relate to, for example, the Market necessary or appropriate in furtherance submitted by March 16, 2004. Maker’s customer and directed order of the purposes of the Act. For the Commission, by the Division of flow or other information obtained by the Market Maker in the course of its C. Self-Regulatory Organization’s Market Regulation, pursuant to delegated 8 business. PCX believes that such Statement on Comments on the authority. barriers help to ensure that market Proposed Rule Change Received From Margaret H. McFarland, making firms do not illegally take Members, Participants or Others Deputy Secretary. [FR Doc. 04–3885 Filed 2–23–04; 8:45 am] advantage of or communicate such Written comments were neither information to benefit their business BILLING CODE 8010–01–P solicited nor received with respect to activities, to the detriment of investors, the proposed rule change. customers, issuers and the integrity of III. Date of Effectiveness of the SECURITIES AND EXCHANGE the market. Proposed Rule Change and Timing for COMMISSION For business reasons, certain Commission Action registered Market Makers, or broker- [Release No. 34–49264; File No. SR–PCX– dealers with which such Market Makers Within 35 days of the date of 2003–49] are affiliated, engage solely in publication of this notice in the Federal proprietary trading. Accordingly, such Self-Regulatory Organizations; Order Register or within such longer period (i) firms do not maintain public customer Approving Proposed Rule Change and as the Commission may designate up to accounts or solicit or accept orders or Amendment No. 1 by the Pacific 90 days of such date if it finds such funds (and hence, would not accept Exchange, Inc. Eliminating the longer period to be appropriate and directed order flow) from or on behalf Requirement That Market Makers With publishes its reasons for so finding or of public customers, including broker- No Public Accounts and Who Do Not (ii) as to which the Exchange consents, dealers and other securities firms. Solicit Public Accounts, Maintain the Commission will: Under such circumstances, because the Certain Information Barriers (A) by order approve such proposed market making firm does not engage in rule change, or February 17, 2004. any other business activities that may (B) institute proceedings to determine benefit from information obtained by whether the proposed rule change I. Introduction the Market Maker in the course of the should be disapproved. On September 16, 2003 the Pacific firm’s market making activities, the IV. Solicitation of Comments Exchange, Inc. (‘‘PCX’’ or ‘‘Exchange’’) Exchange believes that the concerns filed with the Securities and Exchange noted above which form the basis for Interested persons are invited to Commission (‘‘Commission’’), pursuant the Information Barrier requirements set submit written data, views, and to Section 19(b)(1) of the Securities forth in PCXE Rule 7.26 do not apply.5 arguments concerning the foregoing, Exchange Act of 1934 (‘‘Act’’),1 and Nevertheless, PCXE Rule 7.26 would including whether the proposed rule Rule 19b–4 thereunder,2 a proposed rule require such a firm to develop and change is consistent with the Act. change to eliminate the Information implement Information Barriers. Persons making written submissions Barrier requirement set forth in PCXE Under such circumstances, the should file six copies thereof with the Rule 7.26 for certain Market Makers. On Exchange believes that an Information Secretary, Securities and Exchange December 16, 2003, PCX amended the Barrier requirement is not necessary and Commission, 450 Fifth Street, NW., proposed rule change.3 The proposed would impose an undue burden on the Washington, DC 20549–0609. rule change, as amended, was published market making firm. Accordingly, the Comments may also be submitted for comment in the Federal Register on PCX proposes to eliminate this electronically at the following e-mail January 12, 2004.4 No comment letters requirement in the limited address: [email protected]. All were received on the proposal. This circumstances where a market making comment letters should refer to File No. order approves the proposed rule firm and its affiliated broker-dealer SR–PCX–2004–05. This file number change. neither maintain public customer should be included on the subject line accounts, nor solicit or accept public II. Description of the Proposal if e-mail is used. To help the customer orders, including from broker- Commission process and review your The Information Barrier requirements dealers and other securities firms (and comments more efficiently, comments set forth in PCXE Rule 7.26 are designed does not accept directed order flow or should be sent in hardcopy or by e-mail to provide safeguards to prevent the use utilize any order type which but not by both methods. Copies of the or communication of material non- presupposes the participation of public submission, all subsequent public information by market making customers), and engage solely in amendments, all written statements firms (and affiliated broker-dealers) to proprietary trading. The Exchange with respect to the proposed rule inappropriately benefit business believes that this limited modification is change that are filed with the activities in which they may engage, consistent with the purposes of the rule. Commission, and all written such as investment banking or options However, if the market making firm or communications relating to the market making. Such information could its affiliated broker-dealer subsequently proposed rule change between the decides to maintain public customer Commission and any person, other than 8 17 CFR 200.30–3(a)(12). accounts or solicit public customer those that may be withheld from the 1 15 U.S.C. 78s(b)(1). accounts (and directed order flow or 2 public in accordance with the 17 CFR 240.19b–4. order types which presuppose the 3 See December 15, 2003 letter from Steven B. provisions of 5 U.S.C. 552, will be Matlin, Senior Counsel, Regulatory Policy, PCX, to participation of public customers), then available for inspection and copying in Nancy J. Sanow, Assistant Director, Division of the requirements of PCXE Rule 7.26 the Commission’s Public Reference Market Regulation, Commission, and attachment Room. Copies of such filing will also be (‘‘Amendment No. 1’’). Amendment No. 1 replaced 5 The proposed rule change is designed to and superseded the PCX’s original filing in its available for inspection and copying at accommodate the needs of these Market Makers. entirety. The current rule did not foresee the business the principal office of the PCX. All 4 Securities Exchange Act Release No. 49018 conditions that currently exist which necessitate submissions should refer to File No. (January 5, 2004), 69 FR 01771. this change.

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would apply. Furthermore, this limited compliance with the Information Barrier Part 128 of the ITAR to have committed modification would not alter or adjust requirements of PCXE Rule 7.26. a violation of the AECA or the ITAR of any other obligation imposed on Market such character as to provide a IV. Conclusion Makers, including those set forth in reasonable basis for the Office of PCXE Rules 7.21 (Obligations of Market For the foregoing reasons, the Defense Trade Controls Compliance to Maker Authorized Traders)6 and 7.23 Commission finds that the proposed believe that the violator cannot be relied (General Obligations of Market Makers). rule change, as amended, is consistent upon to comply with the AECA or ITAR with the Act and the rules and in the future. Such an Order of III. Discussion regulations thereunder applicable to a Debarment prohibits the subject from The Commission finds that the national securities exchange, and, in participating directly or indirectly in the proposed rule change, as amended, is particular, with Section 6(b)(5).9 export of defense articles or defense consistent with the Act and the rules It is therefore ordered, pursuant to services for which a license or approval and regulations promulgated thereunder Section 19(b)(2) of the Act,10 that the is required by the ITAR. applicable to a national securities proposed rule change (SR–PCX–2003– The period for debarment will exchange 7 and, in particular, with the 49), as amended, is approved. normally be three years from the date of requirements of Section 6(b)(5) of the For the Commission, by the Division of Order. At the end of the debarment 8 Act. Specifically, the Commission finds Market Regulation, pursuant to delegated period, licensing privileges may be that approval of the proposed rule authority.11 reinstated only at the request of the change, as amended, is consistent with Margaret H. McFarland, debarred person following the necessary the Act in that it is designed to promote Deputy Secretary. Departmental review. Unless licensing just and equitable principles of trade; to privileges are reinstated, the person/ [FR Doc. 04–3886 Filed 2–23–04; 8:45 am] remove impediments to and perfect the entity will remain debarred. mechanism of a free and open market BILLING CODE 8010–01–P Debarred persons are generally and a national market system; and in ineligible to participate in activity general, to protect investors and the regulated under the ITAR (See e.g., public interest. DEPARTMENT OF STATE sections 120.1(c) and (d), 126.7, The proposed rule change would [Public Notice 4628] 127.1(c), and 127.11(a)). The amend PCXE Rule 7.26 to carve an Department of State will not consider exception where, even though a firm is Bureau of Political-Military Affairs; applications for licenses or requests for registered as a Market Maker, or is an Administrative Debarments Involving approvals that involve any debarred affiliated broker-dealer, it has no Kam-Tech Systems, Ltd. and David person. customer accounts, and engages solely Menashe Pursuant to section 38 of the AECA in proprietary trading. The Commission and section 127.7(a) and (b)(2) of the believes that it is not necessary for a AGENCY: Department of State. ITAR, the following persons have been Market Maker, or its affiliated broker- ACTION: Notice. administratively debarred by the dealer, that fits this limited exception, Assistant Secretary of State for Political- SUMMARY: to be required to maintain an Notice is hereby given that Military Affairs for a period of three information barrier between the market the Department of State has imposed years effective the date the Order is making and other business activities. administrative debarment pursuant to signed by Assistant Secretary of State The Commission believes it is section 127.7(a) and (b)(2) of the for Political-Military Affairs: reasonable to remove a requirement that International Traffic in Arms (1) Kam-Tech Systems, Ltd. (‘‘Kam- could become unduly burdensome, Regulations (‘‘ITAR’’) (22 CFR parts 120 Tech’’), an Israeli company located in since the Market Maker, or its affiliated to 130) on persons convicted of a Tel Aviv, Israel, and broker-dealers, is not engaged in violation of such as to provide a (2) David Menashe (‘‘Menashe’’), activities that would inappropriately reasonable basis for the Directorate of owner and business manager of Kam- benefit other business activities within Defense Trade Controls to believe that Tech. the firm. Furthermore, the Commission the violators cannot be relied upon to Kam-Tech and Menashe pleaded believes that the modification of PXCE comply with the Arms Export Control guilty and, on June 18, 2003, were Rule 7.26 may remove impediments that Act (‘‘AECA’’) (22 U.S.C. 2778) or the convicted of making false statements to could hinder competition between a ITAR in the future and which violation the Bureau of Customs and Border Market Maker fitting the limited was established in accordance with part Protection, U.S. Department of exception, or its affiliated broker-dealer, 128 of the ITAR. Homeland Security (formerly United and those Market Makers engaged in EFFECTIVE DATE: Date of Order as States Customs Service (USCS)) in broader businesses. However, the specified for each person. violation of 18 U.S.C. 1001. (U.S. Commission notes that, if in the future FOR FURTHER INFORMATION CONTACT: District Court, Central District of these Market Makers, or their affiliated David Trimble, Director, Directorate of California (Western Division), Docket # broker-dealers, engage in other business Defense Trade Controls Compliance, 03–CR–139–ALL.) Under the plea activities, such as investment banking or Bureau of Political-Military Affairs, agreements entered in connection with options market making, or maintain Department of State (202) 663–2700. the prosecution, Kam-Tech and customer accounts, solicit or accept SUPPLEMENTARY INFORMATION: Section Menashe agreed to a statement of facts public customer orders, the Commission 127.7 of the ITAR authorizes the that they caused a package to be expects that the Exchange will require Assistant Secretary of State for Political- shipped to the United States bearing an Military Affairs to issue an Order for air waybill that falsely stated the 6 See PCXE Rule 1.1(v) (definition of ‘‘Market Administrative Debarment against any contents consisted of ‘‘samples for Maker Authorized Trader’’). person who has been found pursuant to evaluation’’ and were valued at $245, 7 In approving this proposal, the Commission has when the defendants knew the package considered the proposed rule’s impact on efficiency, competition and capital formation. 15 9 15 U.S.C. 78f(b)(5). contained an AIM–9 Missile Seeker U.S.C. 78c(f). 10 15 U.S.C. 78s(b)(2). Section valued at $19,600 and that this 8 15 U.S.C. 78f(b)(5). 11 17 CFR 200.30–3(a)(12). defense article was to be transshipped to

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China. They further agreed to Dated: February 1, 2004. Dated: February 11, 2004. administrative debarment under section Lincoln P. Bloomfield, Jr., C. Miller Crouch, 127.7(a) and (b)(2) of the ITAR on the Assistant Secretary, Bureau of Political- Principal Deputy Assistant Secretary for basis of the aforementioned statement of Military Affairs, Department of State. Educational and Cultural Exchanges, facts and to waive all rights under Part [FR Doc. 04–4003 Filed 2–23–04; 8:45 am] Department of State. 128 of the ITAR, including the provision BILLING CODE 4710–25–P [FR Doc. 04–4002 Filed 2–23–04; 8:45 am] for issuance of a charging letter and all BILLING CODE 4710–08–P rights to seek administrative or judicial consideration or review or otherwise to DEPARTMENT OF STATE contest the validity of the Order of DEPARTMENT OF STATE Debarment. The Directorate of Defense Trade Controls believes that the actions [Public Notice 4631] [Public Notice 4630] of Kam-Tech and Menashe support a Culturally Significant Objects Imported finding of a violation of section 127 of for Exhibition; Determinations: Culturally Significant Objects Imported the ITAR of such character that neither ‘‘Coming of Age in Ancient Greece: for Exhibition; Determinations: could be relied upon to comply with the Images of Childhood from the ‘‘Courtly Art of the Ancient Maya’’ ITAR in the future. Furthermore, as set Classical Past’’ forth above, such violation was SUMMARY: Notice is hereby given of the established in accordance with part 128 AGENCY: Department of State. following determinations: Pursuant to of the ITAR. the authority vested in me by the Act of ACTION: As noted above, at the end of the Notice. October 19, 1965 (79 Stat. 985; 22 U.S.C. three-year period, the above named 2459), Executive Order 12047 of March persons will remain debarred unless SUMMARY: Notice is hereby given of the 27, 1978, the Foreign Affairs Reform and licensing privileges are reinstated. following determinations: Pursuant to Restructuring Act of 1998 (112 Stat. This notice is provided in order to the authority vested in me by the Act of 2681, et seq.; 22 U.S.C. 6501 note, et make the public aware that the persons October 19, 1965 (79 Stat. 985; 22 U.S.C. seq.), Delegation of Authority No. 234 of listed above are prohibited from 2459), Executive Order 12047 of March October 1, 1999, and Delegation of participating directly or indirectly in 27, 1978, the Foreign Affairs Reform and Authority No. 236 of October 19, 1999, any brokering activities and in any Restructuring Act of 1998 (112 Stat. as amended, and Delegation of export from or temporary import into 2681, et seq.; 22 U.S.C. 6501 note, et Authority No. 257 of April 15, 2003 [68 the United States of defense articles, seq.), Delegation of Authority No. 234 of FR 19875], I hereby determine that the related technical data, or defense October 1, 1999 (64 FR 56014), objects to be included in the exhibition services in all situations covered by the Delegation of Authority No. 236 of ‘‘Courtly Art of the Ancient Maya,’’ ITAR. Specific case information may be October 19, 1999 (64 FR 57920), as imported from abroad for temporary obtained from the Office of the Clerk for amended, and Delegation of Authority exhibition within the United States, are each respective U.S. District Court citing No. 257 of April 15, 2003 (68 FR 19875), of cultural significance. The objects are the court docket number where I hereby determine that the objects to be imported pursuant to a loan agreement provided. included in the exhibition, ‘‘Coming of with the foreign owner. I also determine Age in Ancient Greece: Images of Exceptions may be made to this that the exhibition or display of the Childhood from the Classical Past,’’ denial policy on a case-by-case basis at exhibit objects at the National Gallery of imported from abroad for temporary the discretion of the Directorate of Art, Washington, DC from on or about exhibition within the United States, are Defense Trade Controls. However, such April 4, 2004 to on or about July 25, of cultural significance. The objects are an exception would be granted only 2004, the Fine Arts Museums of San after a full review of all circumstances, imported pursuant to loan agreements Francisco, CA from on or about paying particular attention to the with foreign lenders. I also determine September 4, 2004 to on or about following factors: Whether an exception that the exhibition or display of the January 2, 2005, and at possible is warranted by overriding U.S. foreign exhibit objects at the Cincinnati additional venues yet to be determined, policy or national security interest; Museum of Art, Cincinnati, Ohio, from is in the national interest. Public Notice whether an exception would further law on or about May 21, 2004, to on or about of these Determinations is ordered to be enforcement concerns that are August 1, 2004, the J. Paul Getty published in the Federal Register. Museum, Los Angeles, California, from consistent with the foreign policy or FOR FURTHER INFORMATION CONTACT: For national security interests of the United on or about September 14, 2004, to on or about December 5, 2004, and at further information, including a list of States; or whether other compelling the exhibit objects, contact Carol B. circumstances exist that are consistent possible additional venues yet to be determined, is in the national interest. Epstein, Attorney-Adviser, Office of the with the foreign policy or national Legal Adviser, Department of State, security interests of the United States, Public notice of these determinations is ordered to be published in the Federal (telephone: 202/619–6981). The address and do not conflict with law is Department of State, SA–44, 301 4th enforcement concerns. Register. Street, SW., Room 700, Washington, DC This notice involves a foreign affairs FOR FURTHER INFORMATION CONTACT: For 20547–0001. function of the United States further information, including a list of encompassed within the meaning of the the exhibit objects, contact Paul W. Dated: February 17, 2004. military and foreign affairs exclusion of Manning, Attorney-Adviser, Office of C. Miller Crouch, the Administrative Procedure Act. the Legal Adviser, 202/619–5997, and Principal Deputy Assistant Secretary for Because the exercise of this foreign the address is United States Department Educational and Cultural Affairs, Department affairs function is discretionary, it is of State, SA–44, Room 700, 301 4th of State. excluded from review under the Street, SW., Washington, DC 20547– [FR Doc. 04–4006 Filed 2–23–04; 8:45 am] Administrative Procedure Act. 0001. BILLING CODE 4710–08–P

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DEPARTMENT OF STATE Chief of Mission, or the Director or authority conferred on me by Executive Deputy Director of American Institute of Order 13323, I hereby delegate to the [Delegation of Authority 269] Taiwan may be made only for an Assistant Secretary for Consular Affairs Exemptions From US–VISIT individual nonimmigrant alien who the functions vested in me as Secretary qualifies for a Class A Referral under of State by Executive Order 13323. By virtue of the authority vested in guidelines currently found at 9 FAM Notwithstanding any provision of this me as Secretary of State, including the 302, App. K, which guidelines may be Delegation of Authority, the Secretary of authority of Section 1 of the State changed from time to time in State, the Deputy Secretary of State, the Department Basic Authorities Act of accordance with Department Under Secretary for Political Affairs, 1956 (22 U.S.C. 2651a), as amended, procedures. and the Under Secretary of State for and the authority conferred on me by 8 Management may at any time exercise c. Procedures CFR 215.8(a)(2) and 235.1(d)(1)(iv), I any function delegated by this hereby delegate the following functions Any individual exceptions granted delegation of authority. as indicated. pursuant to this delegation, and the The functions delegated by this factual basis therefore, shall be granted delegation of authority may not be Section 1. Functions Delegated to the and documented in accordance with redelegated. Assistant Secretary for Consular instructions from the Bureau of The statutes, regulations, and Affairs, the Chief of Protocol, the Consular Affairs. procedures referenced in this delegation Permanent Representative to the United shall be deemed to be such statutes, Nations, Chiefs of Mission, Other Section 2. Additional Functions regulations or procedures as amended Principal Officers, or Deputy Chiefs of Delegated to the Assistant Secretary for from time to time. Mission, and the Director and Deputy Consular Affairs This delegation shall be published in Director of American Institute of The functions vested in me as the Federal Register. Taiwan Secretary of State by 8 CFR Dated: January 30, 2004. 215.8(a)(2)(iii) and 235.1(d)(1)(iv)(C) a. Functions Delegated Colin L. Powell, (relating to exempting jointly with the The functions vested in me as Secretary of Homeland Security classes Secretary of State, Department of State. Secretary of State by 8 CFR 215.8(a)(2) of aliens from arriving or departing [FR Doc. 04–4010 Filed 2–23–04; 8:45 am] and 235.1(d)(1)(iv) (relating to requirements for fingerprinting and BILLING CODE 4710–10–P exempting individual aliens from photographing or for providing other arriving or departing requirements for specified biometric identifiers). fingerprinting and photographing or for DEPARTMENT OF STATE providing other specified biometric Section 3. Technical Provisions [Delegation of Authority 270] identifiers), to be exercised under the The Assistant Secretary for Consular standards and procedures set forth Affairs and the Permanent Exemptions From US–VISIT below. Representative to the United Nations By virtue of the authority vested in may redelegate the functions delegated b. Standards me as Secretary of State, including the to them by this delegation. (1) A determination by the Assistant authority of section 1 of the State Notwithstanding any provision of this Secretary for Consular Affairs to exempt Department Basic Authorities Act of Delegation of Authority, the Secretary of an individual may be made in any case 1956 (22 U.S.C. 2651a), as amended, State, the Deputy Secretary of State, the in which an exemption is in the and the authority conferred on me by 8 Under Secretary for Political Affairs, national interest. CFR 215.8(a)(2)(iv) and 235.1 and the Under Secretary of State for (2) A determination by the Chief of (d)(1)(iv)(D), I hereby delegate to Management may at any time exercise Protocol to exempt an individual may Richard H. Jones the authority to any function delegated by this be made only after consultation with the determine that requirements for delegation of authority. Assistant Secretary for CA, or her fingerprinting and photographing or for The statutes, regulations, and designee, and only in cases in which: (a) providing other specified biometric procedures referenced in this delegation Protocol has responsibility for the identifiers shall not apply to an shall be deemed to be such statutes, movement of a high-ranking foreign individual nonimmigrant alien upon regulations, or procedures as amended government official or members of that arrival or departure from the United from time to time. official’s delegation; and (b) the States. Such a determination may be This delegation shall be published in individual could have traveled on a visa made only for an individual when it is the Federal Register. that would have qualified for an in the national interest to do so and it exemption under 8 CFR 215.8(a)(2)(ii) or Dated: January 30, 2004. will not compromise national security (iii), or 235.1(d)(1)(iv)(A), (B), or (C). Colin L. Powell, interests. All such exemptions and the (3) A determination by the Permanent Secretary of State, Department of State. factual basis for them shall be Representative to the United Nations to [FR Doc. 04–4007 Filed 2–23–04; 8:45 am] documented. exempt an individual may be made only BILLING CODE 4710–10–P Mr. Jones may exercise this delegated if the individual is a member of a authority only during the period of his Permanent Observer Mission or Office detail to the Coalition Provisional to the United Nations who is granted a DEPARTMENT OF STATE Authority in Iraq and only in his ‘‘B’’ visa by virtue of the member’s capacity as a State Department status with the United Nations or an [Delegation of Authority No. 271] employee operating under the direction immediate family member of such Functions Relating to Arrivals and and supervision of the Secretary of member who is granted a ‘‘B’’ visa for Departures from the United States State. purposes of accompanying the member. Notwithstanding any provision of this (4) A determination by a Chief of By virtue of the authority vested in Delegation of Authority, the Secretary of Mission, other Principal Officer, Deputy me as Secretary of State, including the State, the Deputy Secretary of State, the

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Under Secretary for Political Affairs, OFFICE OF THE UNITED STATES determine whether such countries are in and the Under Secretary of State for TRADE REPRESENTATIVE compliance with the eligibility criteria Management may at any time exercise set forth in sections 502(b) and 502(c) of any function delegated by this Generalized System of Preferences the 1974 Act. delegation of authority. (GSP): Notice Regarding the 2003 The interagency GSP Subcommittee of Product and Country Practice Review The authority delegated by this the Trade Policy Staff Committee and On Certain Product Petitions From delegation may not be redelegated. (TPSC) has reviewed both the product Previous Reviews on Which Decisions and country practice petitions, and the The statutes, regulations, and Were Deferred TPSC has decided to initiate a full procedures referenced in this delegation review of the product petitions listed in AGENCY: Office of the United States shall be deemed to be such statutes, Annex II and not to initiate a full review Trade Representative. regulations or procedures as amended of the country practice petitions from time to time. ACTION: Notice. submitted. Annex II to this notice sets This delegation shall be published in SUMMARY: The Office of the United forth, for each type of change requested: the Federal Register. States Trade Representative (USTR) the case number, the Harmonized Tariff Dated: January 30, 2004. received petitions in 2003 to modify the Schedule of the United States (HTS) subheading number, a brief description Colin L. Powell, list of products that are eligible for duty- of the product (see the HTS for an Secretary of State, Department of State. free treatment under the GSP program and to modify the GSP status of certain authoritative description available on [FR Doc. 04–4009 Filed 2–23–04; 8:45 am] GSP beneficiary developing countries the U.S. International Trade BILLING CODE 4710–10–P because of country practices. This Commission (USITC) Web site http:// notice announces the product and www.usitc.gov/taffairs.htm), and the petitioner for each petition included in DEPARTMENT OF STATE country practice petitions that are accepted for further review in the 2003 this review. Acceptance of a petition for GSP Annual Review and sets forth the review does not indicate any opinion [Delegation of Authority 273] schedule for comment and public with respect to the disposition on the hearing on these petitions and on merits of the petition. Acceptance Delegation of Authority Under indicates only that the listed petitions Presidential Proclamation No. 7750 of certain product petitions from previous reviews on which there was a deferral have been found eligible for review by January 12, 2004 Suspending Entry of the TPSC and that such review will take Persons Engaged in or Benefiting of decisions, for requesting participation in the hearing, and for submitting pre- place. From Corruption Modifications to the list of articles hearing and post-hearing briefs. eligible for duty-free treatment under 1. General Delegation FOR FURTHER INFORMATION CONTACT: the GSP resulting from the 2003 Annual Contact the GSP Subcommittee of the Review will be announced on or about By virtue of the authority vested in Trade Policy Staff Committee, Office of me as Secretary of State, I hereby June 30, 2004, in the Federal Register, the United States Trade Representative, and any changes will take effect on the delegate to the Under Secretary for 1724 F Street, NW., Room F–220, Political Affairs, to the extent effective date to be announced. Washington, DC 20508. The telephone In a Federal Register notice dated July authorized by law, the functions vested number is (202) 395–6971. in the Secretary of State by Presidential 3, 2003, USTR announced decisions in SUPPLEMENTARY INFORMATION: Proclamation No. 7750. The GSP the 2001 Special Three Country Review provides for the duty-free importation of for Argentina, Philippines, and Turkey, 2. Technical Provisions designated articles when imported from the 2001 GSP-AGOA (African Growth designated beneficiary developing and Opportunity Act) Review, and the (a) Notwithstanding this delegation of countries. The GSP is authorized by title 2002 Annual Product Review (68 FR authority, the Secretary of State and the V of the Trade Act of 1974 (19 U.S.C. 40012), including the deferral of Deputy Secretary of State may exercise 2461, et seq.), as amended (the ‘‘1974 decisions on certain product petitions any function delegated to the Under Act’’), and is implemented in requesting the addition or removal of Secretary for Political Affairs by this accordance with Executive Order 11888 certain products from the Generalized delegation. of November 24, 1975, as modified by System of Preferences. These petitions (b) As used in this delegation of subsequent Executive Orders and are described in Annex III. authority, the term ‘‘functions’’ includes Presidential Proclamations. any duty, obligation, power, authority, In a Federal Register notice dated July Opportunities for Public Comment and responsibility, right, privilege, 16, 2003, USTR extended the due date Inspection of Comments discretion, determination, or activity, for the filing of product and country The GSP Subcommittee of the TPSC including the authority to issue, amend, practice petitions for the 2003 GSP invites comments in support of or in revise, or otherwise provide for Annual Review to September 2, 2003 opposition to any petition which is standards and procedures implementing (68 FR 42156). The product petitions included in this Annual Review (Annex Presidential Proclamation No. 7750 of received requested changes in the list of II) or any petition on which there was January 12, 2004. eligible products by adding or removing a deferral of decision (Annex III). (c) The functions delegated by this products, or by waiving the Submissions should comply with 15 delegation of authority may not be ‘‘competitive need limitations’’ (CNLs) CFR part 2007, except as modified redelegated. for a country for eligible articles. below. All submissions should identify Authorization for granting CNL waivers the subject article(s) in terms of the case Dated: February 4, 2004. is set forth in section 503(d) of the 1974 number and HTS subheading number as Colin L. Powell, Act (19 U.S.C. 2463(d)). The country shown in Annexes II and III. The GSP Secretary of State, Department of State. practice petitions received requested the regulations (15 CFR part 2007) provide [FR Doc. 04–4004 Filed 2–23–04; 8:45 am] review of certain practices in certain the schedule of dates for conducting an BILLING CODE 4710–17–P beneficiary developing countries to annual review unless otherwise

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specified in a Federal Register notice. submitted without any marking might All interested parties wishing to make This notice specifies the revised not be accepted or will be considered an oral presentation at the hearings schedule for public comment and public documents. must submit, following the above hearings, set out in Annex I. For any document containing ‘‘Requirements for Submissions’’, the business confidential information name, address, telephone number, and Requirements for Submissions submitted as an electronic attached file facsimile number and email address, if In order to facilitate prompt to an e-mail transmission, the file name available, of the witness(es) representing processing of submissions, USTR of the business confidential version their organization to the Chairman of strongly urges and prefers electronic e- should begin with the characters ‘‘BC-’’, the GSP Subcommittee by 5 p.m., March mail submissions in response to this and the file name of the public version 15, 2004. Requests to present oral notice. Hand delivered submissions will should begin with the characters ‘‘P-’’. testimony in connection with the public not be accepted. These submissions The ‘‘P-’’ or ‘‘BC-’’ should be followed hearings must be accompanied by a should be single copy transmissions in by the name of the party (government, written brief or statement, in English, English with the total submission not to company, union, association, etc.) and also must be received by 5 p.m., exceed 50 single-spaced standard letter- which is making the submission. March 15, 2004. Oral testimony before size pages. E-mail submissions should E-mail submissions should not the GSP Subcommittee will be limited use the following subject line: ‘‘2003 include separate cover letters or to five-minute presentations that GSP Annual Review’’ followed by the messages in the message area of the e- summarize or supplement information Case Number and HTS subheading mail; information that might appear in contained in briefs or statements number found in the Annex II or Annex any cover letter should be included submitted for the record. Post-hearing III (for example, 2003–07 4107.11.80) directly in the attached file containing briefs or statements will be accepted if and, as appropriate ‘‘Written the submission itself, including they conform with the regulations cited Comments’’, ‘‘Notice of Intent To identifying information on the sender, above and are submitted, in English, by Testify’’, ‘‘Pre-hearing brief’’, ‘‘Post- including sender’s e-mail address. The 5 p.m., April 15, 2004. Parties not hearing brief’’ or ‘‘Comments on USITC e-mail address for these submissions is wishing to appear at the public hearings Advice’’. (For example, an e-mail [email protected]. Documents not may submit post-hearing written briefs subject line might read ‘‘2003–07 submitted in accordance with these or statements, in English, by 5 p.m., 4107.11.80 Written Comments’’.) instructions might not be considered in April 15, 2004. Documents, in English, must be this review. If unable to provide submissions by e-mail, please contact In accordance with sections submitted in either of the following 503(a)(1)(A) and 503(e) of the 1974 Act formats: WordPerfect (.WPD), MSWord the GSP Subcommittee to arrange for an alternative method of transmission. and the authority delegated by the (.DOC) , or text (.TXT) files. Documents Information submitted will be subject President, pursuant to section 332(g) of cannot be submitted as electronic image to public inspection shortly after the the Tariff Act of 1930, the U.S. Trade files or contain imbedded images (for relevant due dates by appointment with Representative has requested that the example, ‘‘.JPG’’, ‘‘.PDF’’, ‘‘.BMP’’, or the staff of the USTR public reading USITC provide its advice, with respect ‘‘.GIF’’) as these graphic type files are room, except for information submitted to the probable economic effect on generally excessively large. E-mail and properly marked that is granted United States industries producing like submissions containing such files will ‘‘business confidential’’ status pursuant or directly competitive articles and on not be accepted. Supporting to 15 CFR 2003.6 and other qualifying consumers of the following actions: (1) documentation submitted as information submitted in confidence The elimination of U.S. import duties spreadsheets are acceptable as Quattro pursuant to 15 CFR 2007.7. Public for all beneficiary developing countries Pro or Excel files, formatted for printing versions of all documents relating to and, with respect to certain articles, the 1 only on 8 ⁄2 x 11 inch paper. To the this review will be available for review effect of the elimination of United States extent possible, any data attachments to after the relevant due date by import duties for least-developed the submission should be included in appointment in the USTR public beneficiary developing countries, (2) the the same file as the submission itself, reading room, 1724 F Street, NW., removal from eligibility for duty-free and not as separate files. Washington, DC. Appointments may be treatment under the GSP for such If the submission contains business made from 9:30 a.m. to noon and 1 p.m. article, and (3) whether any industry in confidential information, a non- to 4 p.m., Monday through Friday, by the United States is likely to be confidential version of the submission calling (202) 395–6186. adversely affected by a waiver of the must also be submitted that indicates Notice of Public Hearings competitive need limits specified in where confidential information was section 503(d)(1) of the 1974 Act for the redacted by inserting asterisks where Hearings will be held by the GSP country specified. Comments by material was deleted. In addition, the Subcommittee of the TPSC on April 1, interested persons on the USITC Report confidential submission must be clearly 2004, beginning at 10 a.m. at the U.S. prepared as part of the product review marked ‘‘BUSINESS CONFIDENTIAL’’ International Trade Commission, Main should be submitted by 5 p.m., 10 days at the top and bottom of each and every Hearing Room, 500 E Street, SW., after the date of USITC publication of its page of the document. The public Washington, DC 20436. The hearings report. version, which does not contain will be open to the public and a business confidential information, must transcript of the hearings will be made Steven Falken, also be clearly marked at the top and available for public inspection or can be Executive Director for GSP, Chairman, GSP bottom of each and every page (either purchased from the reporting company. Subcommittee of the Trade Policy Staff ‘‘PUBLIC VERSION’’ or ‘‘NON- No electronic media coverage will be Committee. CONFIDENTIAL’’). Documents that are allowed. BILLING CODE 3190–W3–P

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[FR Doc. 04–3868 Filed 2–23–04; 8:45 am] OFFICE OF THE UNITED STATES ACTION: Notice of intent to initiate BILLING CODE 3190–W3–C TRADE REPRESENTATIVE negotiations on a free trade agreement between the United States and the Request for Comments and Notice of Republic of Panama, request for Public Hearing Concerning Proposed comments, and notice of public hearing. United States—Panama Free Trade Agreement SUMMARY: The United States intends to initiate negotiations with the Republic AGENCY: Office of the United States of Panama on a free trade agreement Trade Representative. (FTA). The interagency Trade Policy

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Staff Committee (TPSC) will convene a advice of the U.S. International Trade rules of origin for goods entering the public hearing and seek public Commission (ITC) regarding the United States under the proposed comment to assist the United States probable economic effects on U.S. agreement. Trade Representative (USTR) in industries and consumers of the (e) Existing Panamanian sanitary and amplifying and clarifying negotiating removal of tariffs and non-tariff barriers phytosanitary measures and technical objectives for the proposed agreement on imports pursuant to any proposed barriers to trade. and to provide advice on how specific agreement. (f) Existing barriers to trade in goods and services and other matters On November 18, 2003, after services between the United States and should be treated under the proposed consulting with relevant Congressional Panama that should be addressed in the agreement. committees and the Congressional negotiations. DATES: Persons wishing to testify orally Oversight Group, the USTR notified the (g) Relevant trade-related intellectual at the hearing must provide written Congress that the President intends to property rights issues that should be notification of their intention, as well as initiate free trade agreement addressed in the negotiations. their testimony, by March 16, 2004. A negotiations with the Republic of (h) Relevant investment issues that hearing will be held in Washington, DC Panama and identified specific should be addressed in the negotiations. beginning on March 23, 2004, and will objectives for the negotiations. In (i) Relevant government procurement continue as necessary on subsequent addition, the USTR has requested the issues that should be addressed in the days. Written comments are due by ITC’s probable economic effects advice. negotiations. noon, April 5, 2004. The ITC intends to provide this advice (j) Relevant electronic commerce ADDRESSES: Submissions by electronic on April 8, 2004. This notice solicits issues that should be addressed in the mail: [email protected] (notice of intent views from the public on these negotiations. to testify and written testimony); negotiations and provides information (k) Relevant environmental issues that [email protected] (written comments). on a hearing which will be conducted should be addressed in the negotiations. Submissions by facsimile: Gloria Blue, pursuant to the requirements of the (l) Relevant labor issues that should Executive Secretary, Trade Policy Staff Trade Act of 1974. be addressed in the negotiations. Committee, at (202) 395–6143. The 2. Public Comments and Testimony Comments identifying as present or public is strongly encouraged to submit potential trade barriers laws or To assist the Administration as it documents electronically rather than by regulations that are not primarily trade- facsimile. (See requirements for continues to develop its negotiating related should address the economic, submissions below.) objectives for the proposed agreement, political and social objectives of such the Chairman of the TPSC invites FOR FURTHER INFORMATION CONTACT: regulations and the degree to which For written comments and/or oral testimony procedural questions concerning written they discriminate against producers of of interested persons at a public hearing. comments or participation in the public the other country. At a later date, the Comments and testimony may address hearing, contact Gloria Blue, Executive USTR, through the TPSC, will publish the reduction or elimination of tariffs or Secretary, Trade Policy Staff Committee, notice of reviews regarding (a) the non-tariff barriers on any articles at (202) 395–3475. All other questions possible environmental effects of the provided for in the Harmonized Tariff should be directed to Andrea Gash proposed agreement and the scope of Schedule of the United States (HTSUS) Durkin, Director for Central America the U.S. environmental review of the that are products of Panama, any and the Caribbean, (202) 395–6135 or proposed agreement, and (b) the impact concession which should be sought by James Wolfe, Coordinator for Central of the proposed agreement on U.S. the United States, or any other matter American FTA Negotiation and employment and labor markets. relevant to the proposed agreement. The Outreach, (202) 395–9628. A hearing will be held on March 23, TPSC invites comments and testimony 2004, in Rooms 1 and 2, 1724 F Street, SUPPLEMENTARY INFORMATION: on all of these matters and, in particular, NW., Washington, DC. If necessary, the seeks comments and testimony 1. Background hearing will continue on subsequent addressed to: Under section 2104 of the Bipartisan days. Persons wishing to testify at the (a) General and commodity-specific Trade Promotion Authority Act of 2002 hearing must provide written negotiating objectives for the proposed (TPA Act) (19 U.S.C. 3804), for notification of their intention by March agreement. agreements that will be approved and (b) Economic costs and benefits to 16, 2004. The notification should implemented through TPA procedures, U.S. producers and consumers of include: (1) The name, address, and the President needs to provide the removal of tariffs and non-tariff barriers telephone number of the person Congress with at least 90 days written to U.S.-Panama trade. presenting the testimony; and (2) a short notice of his intent to enter into (c) Treatment of specific goods (one or two paragraph) summary of the negotiations and identify the specific (described by Harmonized System tariff presentation, including the subject objectives for the negotiations. Before numbers) under the proposed matter and, as applicable, the product(s) and after the submission of this notice, agreement, including comments on: (with HTSUS numbers), service the President is to consult with (1) Product-specific import or export sector(s), or other subjects (such as appropriate Congressional committees interests or barriers, investment, intellectual property and/or and the Congressional Oversight Group (2) Experience with particular government procurement) to be regarding the negotiations. Under the measures that should be addressed in discussed. A copy of the testimony must Trade Act of 1974, as amended, the the negotiations, and accompany the notification. Remarks at President must (i) afford interested (3) In the case of articles for which the hearing should be limited to no persons an opportunity to present their immediate elimination of tariffs is not more than five minutes to allow for views regarding any matter relevant to appropriate, a recommended staging possible questions from the TPSC. any proposed agreement, (ii) designate schedule for such elimination. Persons with mobility impairments who an agency or inter-agency committee to (d) Adequacy of existing customs will need special assistance in gaining hold a public hearing regarding any measures to ensure Panamanian origin access to the hearing should contact the proposed agreement, and (iii) seek the of imported goods, and appropriate TPSC Executive Secretary.

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Interested persons, including persons cover page, and must be accompanied PTC3 0693 dated 5 December 2003. who participate in the hearing, may by a nonconfidential summary of the TC3 between Japan, Korea and submit written comments by noon, confidential information. All public South West Pacific except between April 5, 2004. Written comments may documents and nonconfidential Korea (Rep. of) and American Samoa include rebuttal points demonstrating summaries shall be available for public Resolutions. errors of fact or analysis not pointed out inspection in the USTR Reading Room. PTC3 0694 dated 5 December 2003. in the hearing. All written comments The USTR Reading Room is open to the TC3 between French Polynesia and must state clearly the position taken, public, by appointment only, from 10 American Samoa Resolutions. describe with particularity the a.m. to 12 noon and 1 p.m. to 4 p.m., PTC3 0695 dated 5 December 2003. supporting rationale, and be in English. Monday through Friday. An TC3 between Malaysia and The first page of written comments must appointment to review the file must be American Samoa Resolutions. specify the subject matter, including, as scheduled at least 48 hours in advance PTC3 0696 dated 5 December 2003. applicable, the product(s) (with HTSUS and may be made by calling (202) 395– TC3 between Korea (Rep. of) and numbers), service sector(s), or other 6186. American Samoa Resolutions. subjects (such as investment, General information concerning the PTC3 0697 dated 12 December intellectual property and/or government Office of the United States Trade 2003. procurement). Representative may be obtained by TC3 Within South East Asia except between Malaysia and Guam 3. Requirements for Submissions accessing its Internet Web site (http:// www.ustr.gov). Resolutions. In order to facilitate prompt PTC3 0698 dated 12 December processing of submissions, the Office of Carmen Suro-Bredie, 2003. the United States Trade Representative Chairman, Trade Policy Staff Committee. TC3 between Japan, Korea and strongly urges and prefers electronic (e- [FR Doc. 04–3872 Filed 2–23–04; 8:45 am] South Asian Subcontinent Resolutions. mail) submissions in response to this BILLING CODE 3190–W3–P PTC3 0699 dated 12 December notice. In the event that an e-mail 2003. submission is impossible, submissions TC3 between Japan, Korea and should be made by facsimile. DEPARTMENT OF TRANSPORTATION South East Asia except between Korea Persons making submissions by e- (Rep. of ) and Guam, Northern Mariana mail should use the following subject Office of the Secretary Island Resolutions. line: ‘‘United States—Panama Free PTC3 0700 dated 12 December Trade Agreement’’ followed by (as Aviation Proceedings, Agreements 2003. appropriate) ‘‘Notice of Intent to Filed the Week Ending February 13, TC3 between Malaysia-Guam Testify,’’ ‘‘Testimony,’’ or ‘‘Written 2004 Resolutions. Comments.’’ Documents should be PTC3 0701 dated 12 December submitted as either WordPerfect, The following Agreements were filed 2003. MSWord, or text (.TXT) files. with the Department of Transportation TC3 between Korea (Rep. of) and Supporting documentation submitted as under the provisions of 49 U.S.C. Guam, Northern Mariana Islands. spreadsheets are acceptable as Quattro Sections 412 and 414. Answers may be Resolutions r1-r194. Pro or Excel. For any document filed within 21 days after the filing of Corrects—PTC3 0705 dated 23 containing business confidential the application. December 2003. information submitted electronically, Docket Number: OST–2003–17070. TC3 between Japan, Korea and the file name of the business Date Filed: February 9, 2004. South Asian Subcontinent Resolutions. confidential version should begin with Parties: Members of the International Minutes—PTC3 0717 dated 10 the characters ‘‘BC–’’, and the file name Air Transport Association. February 2004. of the public version should begin with Subject: PTC3 0686 dated 5 December Tables—PTC3 Fares 0263 dated 19 the characters ‘‘P–’’. The ‘‘P–’’ or 2003. December 2003. ‘‘BC–’’ should be followed by the name TC3 Areawide Resolutions. TC3 Within South Asian of the submitter. Persons who make PTC3 0687 dated 5 December 2003. Subcontinent Fares Tables. submissions by e-mail should not TC3 Within South Asian PTC3 Fares 0264 dated 19 provide separate cover letters; Subcontinent Resolutions. December 2003. information that might appear in a cover PTC3 0688 dated 5 December 2003. TC3 within South East Asia Fares letter should be included in the TC3 Within South West Pacific Tables. submission itself. To the extent except between French Polynesia and PTC3 Fares 0265 dated 19 possible, any attachments to the American Samoa Resolutions. December 2003. submission should be included in the PTC3 0689 dated 5 December 2003. TC3 Within South West Pacific same file as the submission itself, and TC3 between South East Asia and Fares Tables. not as separate files. South Asian Subcontinent Resolutions. PTC3 Fares 0266 dated 19 Written comments, notice of PTC3 0690 dated 5 December 2003. December 2003. testimony, and testimony will be placed TC3 between South Asian TC3 between Japan-Korea Fares in a file open to public inspection Subcontinent and South West Pacific Tables. pursuant to 15 CFR 2003.5, except Resolutions. PTC3 Fares 0267 dated 19 business confidential information PTC3 0691 dated 5 December 2003. December 2003. exempt from public inspection in TC3 between South East Asia and TC3 between South East Asia and accordance with 15 CFR 2003.6. South West Pacific except between South Asian Subcontinent Fares Tables. Business confidential information Malaysia and American Samoa PTC3 Fares 0268 dated 19 submitted in accordance with 15 CFR Resolutions. December 2003. 2003.6 must be clearly marked PTC3 0692 dated 5 December 2003. TC3 between South Asian ‘‘Business Confidential’’ at the top of TC3 between Japan-Korea Subcontinent and South West Pacific each page, including any cover letter or Resolutions. Fares Tables.

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PTC3 Fares 0269 dated 19 disclaim jurisdiction over, or in the Meacham Blvd., Fort Worth, Texas December 2003. alternative that it approve, the transfer 76193–0610; (817) 222–5613. TC3 between Japan, Korea and of Allegiant’s certificate of public The application may be reviewed in South Asian Subcontinent Fares Tables. convenience and necessity to Allegiant person at this same location. PTC3 Fares 0270 dated 19 Air, LLC, and that the Department SUPPLEMENTARY INFORMATION: The FAA December 2003. reissue the certificate in the name of proposes to rule and invites public TC3 between South East Asia and Allegiant Air, LLC. comment on the application to impose South West Pacific Fares Tables. PTC3 Fares 0271 dated 19 Maria Gulczewski, and use the revenue from a PFC at December 2003. Acting Program Manager, Docket Operations, Austin-Bergstrom International Airport TC3 between Japan, Korea and Federal Register Liaison. under the provisions of the Aviation South East Asia Fares Tables. [FR Doc. 04–3910 Filed 2–23–04; 8:45 am] Safety and Capacity Expansion Act of PTC3 Fares 0272 dated 19 BILLING CODE 4910–62–P 1990 (Title IX of the Omnibus Budget December 2003. Reconciliation Act of 1990) (Public Law TC3 between Japan, Korea and 101–508) and part 158 of the Federal South West Pacific Fares Tables. DEPARTMENT OF TRANSPORTATION Aviation Regulations (14 CFR part 158). Intended effective date: 1 April On January 27, 2004, the FAA Federal Aviation Administration 2004. determined that the application to impose and use the revenue from a PFC Docket Number: OST–2003–17117. Notice of Intent To Rule on Application submitted by the Airport was Date Filed: February 12, 2004. To Impose and Use the Revenue From substantially complete within the Parties: Members of the International a Passenger Facility Charge (PFC) at requirements of section 158.25 of part Air Transport Association. Austin-Bergstrom International Airport, Subject: PTC COMP 1125 dated 13 158. The FAA will approve or Austin, TX February 2004, Mail Vote 350— disapprove the application, in whole or Resolution 010j, Special Amending AGENCY: Federal Aviation in part, no later than May 25, 2004. Resolution from Poland r1-r3, Intended Administration (FAA), DOT. The Following is a brief overview of effective date: 1 March 2004. ACTION: Notice of intent to rule on the application. Maria Gulczewski, application. Level of the proposed PFC: $4.50. Acting Program Manager, Docket Operations, Proposed charge effective date: SUMMARY: The FAA proposes to rule and January 1, 2020. Federal Register Liaison. invites public comment on the Proposed charge expiration date: May [FR Doc. 04–3909 Filed 2–23–04; 8:45 am] application to impose and use the 1, 2020. BILLING CODE 4910–62–P revenue from a PFC at Austin-Bergstrom International Airport under the Total estimated PFC revenue: provisions of the Aviation Safety and $4,125,000. DEPARTMENT OF TRANSPORTATION Capacity Expansion Act of 1990 (Title PFC application number: 04–05–C– 00–AUS. Office of the Secretary IX of the Omnibus Budget Reconciliation Act of 1990) (Public Law Brief description of proposed Notice of Applications for Certificates 101–508) and part 158 of the Federal project(s): of Public Convenience and Necessity Aviation Regulations (14 CFR part 158). Projects To Impose and Use PFCs and Foreign Air Carrier Permits Filed DATES: Comments must be received on Under Subpart B (Formerly Subpart Q) or before March 25, 2004. EDS Installation and Associated Baggage Handling System Proposed During the Week Ending February 13, ADDRESSES: Comments on this class or classes of air carriers to be 2004 application may be mailed or delivered exempted from collecting PFCs: Air in triplicate copies to the FAA at the The following Applications for Taxi/Commercial Operators Filing FAA following address: Mr. G. Thomas Certificates of Public Convenience and Form 1800–31. Necessity and Foreign Air Carrier Wade, Federal Aviation Administration, Southwest Region, Airports Division, Any person may inspect the Permits were filed under Subpart B application in person at the FAA office (formerly Subpart Q) of the Department Planning and Programming Branch, ASW–611, Fort Worth, Texas 76193– listed above under FOR FURTHER of Transportation’s Procedural INFORMATION CONTACT and at the FAA Regulations (See 14 CFR 301.201 et 0610. In addition, one copy of any regional Airports office located at: seq.). The due date for Answers, comments submitted to the FAA must Federal Aviation Administration, Conforming Applications, or Motions to be mailed or delivered to Mr. Jim Smith, Southwest Region, Airports Division, Modify Scope are set forth below for Executive Director, Austin-Bergstrom Planning and Programming Branch, each application. Following the Answer International Airport at the following ASW–610, 2601 Meacham Blvd., Fort period DOT may process the application address: 3600 Presidential Blvd., Worth, Texas 76137–4298. by expedited procedures. Such Austin, Texas 78719. In addition, any person may, upon procedures may consist of the adoption Air carriers and foreign air carriers request, inspect the application, notice of a show-cause order, a tentative order, may submit copies of the written and other documents germane to the or in appropriate cases a final order comments previously provided to the application in person at Austin- without further proceedings. Airport under section 158.23 of part Bergstrom International Airport. Docket Number: OST–2004–17121. Date Filed: February 13, 2004. 158. Issued in Fort Worth, Texas on January 29, 2004. Due Date for Answers, Conforming FOR FURTHER INFORMATION CONTACT: Mr. Applications, or Motion to Modify G. Thomas Wade, Federal Aviation Naomi L. Saunders, Scope: March 5, 2004. Administration, Southwest Region, Manager, Airports Division. Description: Application of Allegiant Airports Division, Planning and [FR Doc. 04–3633 Filed 2–23–04; 8:45 am] Air, Inc., requesting the Department Programming Branch, ASW–611, 2601 BILLING CODE 4910–13–M

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DEPARTMENT OF TRANSPORTATION 11000, 1750 Pennsylvania Avenue, NW, Dates: Written comments should be Washington, DC 20220. received on or before March 25, 2004 to Maritime Administration Dates: Written comments should be be assured of consideration. received on or before March 25, 2004 to Marine Transportation System National be assured of consideration. Internal Revenue Service (IRS) Advisory Council OMB Number: 1545–1316. Departmental Offices/Community Form Number: IRS Form 9452. AGENCY: Department of Transportation, Development Financial Institutions Type of Review: Extension. Maritime Administration. (CDFI) Fund Title: Filing Assistance Program (Do ACTION: Notice of advisory committee OMB Number: New. you have to file a tax return?). charter renewal. Form Number: CDFI 0009. Description: The RUF (Reduce SUMMARY: The Maritime Administration Type of Review: New collection. Unnecessary Filing) Program was announces the charter renewal for the Title: Native American CDFI initiated in 1992. Each year Marine Transportation System National Assistance (NACA) Program approximately 72% of the taxpayers Advisory Council (MTSNAC). The Application. contacted through the RUF Program Description: Through the Native MTSNAC advises the Secretary of stop filing unnecessary returns. This has American CDFI Assistance Program, the Transportation via the Council Sponsor, reduced taxpayer burden and been cost CDFI Fund will provide technical the Administrator of the Maritime effective for the service. This is in assistance to CDFIs already serving Administration, on matters relating to accord with the Service’s compliance Native American communities as well the Marine Transportation System initiatives. as technical assistance to help Native (MTS)—waterways, ports and their Respondents: Individuals or American communities form new intermodal connections. households. CDFIs. Estimated Number of Respondents: DATES: The effective date of the charter Respondents: Business or other for- 1,650,000. renewal for the MTSNAC is January 27, profit, Not-for-profit institution, State, Estimated Burden Hours Respondent: 2004. Local or Tribal Government. 30 minutes. ADDRESSES: You may request a copy of Estimated Number of Respondents: Frequency of Response: Annually. the charter for the Council by writing to 50. Estimated Total Reporting Burden: Richard Lolich, Maritime Estimated Burden Hours Per 825,000 hours. Administration, MAR–830, Room 7201, Respondent: 60 hours. OMB Number: 1545–1565. 400 Seventh St., SW., Washington, DC Frequency of Response: Annually. Notice Number: Notice 97–64. 20590, by calling (202) 366–0704, by Estimated Total Reporting Burden: Type of Review: Extension. faxing (202) 366–6988, or by e-mail: 3,000 hours. Title: Temporary Regulations to be [email protected]. Clearance Officer: Lois K. Holland, Issued under section 1(h) of the Internal FOR FURTHER INFORMATION CONTACT: (202) 622–1563, Departmental Offices, Revenue Code (Applying section 1(h) to Raymond Barberesi, (202) 366–4357; Room 11309, 1750 Pennsylvania Capital Gain Dividends of Regulated Maritime Administration, MAR 830, Avenue, NW, Washington, DC 20220. Investment Companies (RICs) and Real OMB Reviewer: Joseph F. Lackey, Jr., Room 7201, 400 Seventh St., SW., Estate Investment Trusts (REITs)). (202) 395–7316, Office of Management Washington, DC 20590; Description: Notice 97–64 provides and Budget, Room 10235, New [email protected]. notice of forthcoming temporary Executive Office Building, Washington, regulations that will permit Regulated (Authority: 49 CFR 1.66) DC 20503. Investment Companies (RICs) and Real By Order of the Maritime Administrator. Lois K. Holland, Estate Investment Trusts (REITs) to Dated: February 19, 2004. Treasury PRA Clearance Officer. distribute multiple classes of capital Joel C. Richard, [FR Doc. 04–3949 Filed 2–23–04; 8:45 am] gain dividends. Secretary, Maritime Administration. Respondents: Business or other for- BILLING CODE 4811–16–P [FR Doc. 04–3951 Filed 2–23–04; 8:45 am] profit, Individuals or households. BILLING CODE 4910–81–P Estimated Number of Respondents: 1. DEPARTMENT OF THE TREASURY Estimated Burden Hours Respondent: 1. DEPARTMENT OF THE TREASURY Submission for OMB Review; Frequency of Response: Other (once). Comment Request Estimated Total Reporting Burden: 1 Submission for OMB Review; hour. Comment Request February 17, 2004. OMB Number: 1545–1568. The Department of Treasury has Announcement Number: February 17, 2004. submitted the following public Announcement 97–122. The Department of Treasury has information collection requirement(s) to Type of Review: Extension. submitted the following public OMB for review and clearance under the Title: Interim Guidance for Roth IRAs. information collection requirement(s) to Paperwork Reduction Act of 1995, Pub. Description: This announcement OMB for review and clearance under the L. 104–13. Copies of the submission(s) provides interim guidance concerning Paperwork Reduction Act of 1995, Pub. may be obtained by calling the Treasury the establishment of Roth IRAs L. 104–13. Copies of the submission(s) Bureau Clearance Officer listed. (described in section 408A of the may be obtained by calling the Treasury Comments regarding this information Internal Revenue Code as added by Bureau Clearance Officer listed. collection should be addressed to the section 302 of the Taxpayer Relief Act Comments regarding this information OMB reviewer listed and to the of 1997). The guidance is directed collection should be addressed to the Treasury Department Clearance Officer, mainly at banks, etc., that will market OMB reviewer listed and to the Department of the Treasury, Room prototype Roth IRAs to the public. Treasury Department Clearance Officer, 11000, 1750 Pennsylvania Avenue, NW Respondents: Business or other for- Department of the Treasury, Room Washington, DC 20220. profit, Not-for-profit institutions.

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Estimated Number of Respondents: DEPARTMENT OF THE TREASURY OTS: Michael D. Solomon, Senior 4,000. Program Manager for Capital Policy Estimated Burden Hours Respondent: Office of the Comptroller of the (202/906–5654), Supervision Policy, 2 hours. Currency Office of Thrift Supervision, 1700 G Frequency of Response: On occasion. [Docket No. 04–07] Street, NW., Washington, DC 20552. Estimated Total Reporting Burden: SUPPLEMENTARY INFORMATION: The text of 8,000 hours. FEDERAL RESERVE SYSTEM the report follows: OMB Number: 1545–1813. Report to the Committee on Financial Form Number: IRS Form 1099-H. FEDERAL DEPOSIT INSURANCE CORPORATION Services of the United States House of Type of Review: Extension. Representatives and to the Committee Title: Health Coverage Tax Credit DEPARTMENT OF THE TREASURY on Banking, Housing, and Urban (HCTC) Advance Payments. Affairs of the United States Senate Description: Form 1099–H is used to Office of Thrift Supervision Regarding Differences in Accounting report advance payments of health and Capital Standards Among the insurance premiums to qualified [No. 2004–08] Federal Banking Agencies recipients for their use in computing the Introduction allowable health insurance credit on Joint Report: Differences in Form 8885. Accounting and Capital Standards The Office of the Comptroller of the Respondents: Business or other for- Among the Federal Banking Agencies; Currency (OCC), the Board of Governors profit. Report to Congressional Committees of the Federal Reserve System (FRB), the Estimated Number of Respondents/ AGENCIES: Office of the Comptroller of Federal Deposit Insurance Corporation Recordkeepers: 300. the Currency (OCC), Treasury; Board of (FDIC), and the Office of Thrift Estimated Burden Hours Respondent/ Governors of the Federal Reserve Supervision (OTS) (the federal banking Recordkeeper: 18 minutes. System (Board); Federal Deposit agencies or the agencies) must jointly Frequency of Response: Annually. Insurance Corporation (FDIC); and submit an annual report to the Estimated Total Reporting Burden: Office of Thrift Supervision (OTS), Committee on Financial Services of the 33,000 hours. Treasury. U.S. House of Representatives and the Committee on Banking, Housing, and OMB Number: 1545–1865. ACTION: Report to the Committee on Financial Services of the United States Urban Affairs of the U.S. Senate Notice Number: Notice 2003–75. describing differences between the Type of Review: Extension. House of Representatives and to the Committee on Banking, Housing, and accounting and capital standards used Title: Registered Retirement Savings by the agencies. The report must be Plans (RRSP) and Registered Retirement Urban Affairs of the United States Senate regarding differences in published in the Federal Register. Income Funds (RRIF) Information This report, which covers differences accounting and capital standards among Reporting. existing as of December 31, 2003, is the the federal banking agencies. Description: This notice announces an second joint annual report on alternative, simplified reporting regime SUMMARY: The OCC, Board, FDIC, and differences in accounting and capital for the owners of certain Canadian OTS (the Agencies) have prepared this standards to be submitted pursuant to individual retirement plans that have report pursuant to section 37(c) of the section 37(c) of the Federal Deposit been subject to reporting on Forms 3520 Federal Deposit Insurance Act (12 Insurance Act (12 U.S.C. 1831n(c)), as and 3520–A, and it describes the U.S.C. 1831n(c)). Section 37(c) requires amended. Prior to the agencies’ first interim reporting rules that taxpayers the Agencies to jointly submit an annual joint annual report, section 37(c) must follow until a new form is report to the Committee on Financial required a separate report from each available. Services of the House of Representatives agency. Respondents: Individuals or and to the Committee on Banking, Since the agencies filed their first households. Housing, and Urban Affairs of the reports on accounting and capital Estimated Number of Respondents: Senate describing differences between differences in 1990, the agencies have 750,000. the capital and accounting standards acted in concert to harmonize their Estimated Burden Hours Respondent: used by the Agencies. The report must accounting and capital standards and 2 hours. be published in the Federal Register. eliminate as many differences as Frequency of Response: Annually. FOR FURTHER INFORMATION CONTACT: possible. Section 303 of the Riegle Estimated Total Reporting Burden: OCC: Nancy Hunt, Risk Expert (202/ Community Development and 1,500,000 hours. 874–4923), Office of the Comptroller of Regulatory Improvement Act of 1994 (12 Clearance Officer: Glenn P. Kirkland, the Currency, 250 E Street, SW., U.S.C. 4803) also directs the agencies to (202) 622–3428, Internal Revenue Washington, DC 20219. work jointly to make uniform all Service, Room 6411–03, 1111 Board: John Connolly, Supervisory regulations and guidelines Constitution Avenue, NW, Washington, Financial Analyst (202/452–3621), implementing common statutory or DC 20224. Division of Banking Supervision and supervisory policies. The results of OMB Reviewer: Joseph F. Lackey, Jr., Regulation, Board of Governors of the these efforts must be ‘‘consistent with (202) 395–7316, Office of Management Federal Reserve System, 20th Street and the principles of safety and soundness, and Budget, Room 10235, New Constitution Avenue, NW., Washington, statutory law and policy, and the public Executive Office Building, Washington, DC 20551. interest.’’ During the past decade, the DC 20503. FDIC: Robert F. Storch, Chief agencies have revised their capital Accountant (202/898–8906), Division of standards to address changes in credit Lois K. Holland, Supervision and Consumer Protection, and certain other risk exposures within Treasury PRA Clearance Officer. Federal Deposit Insurance Corporation, the banking system and to align the [FR Doc. 04–3950 Filed 2–23–04; 8:45 am] 550 17th Street, NW., Washington, DC amount of capital institutions are BILLING CODE 4830–01–P 20429. required to hold more closely with the

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credit risks and certain other risks to Differences in Capital Standards insured state bank is, among other which they are exposed. These revisions Among the Federal Banking Agencies conditions and limitations, subject to the capital deduction and have been made in a uniform manner Financial Subsidiaries whenever possible and practicable to deconsolidation requirements that apply minimize interagency differences. The Gramm-Leach-Bliley Act (GLBA) to a national bank if the state bank holds establishes the framework for financial an interest in a subsidiary that engages While the differences in capital 1 subsidiaries of banks. GLBA amends as principal in activities that would standards have diminished over time, a the National Bank Act to permit only be permissible for a national bank few differences remain. Some of the national banks to conduct certain to conduct through a financial remaining capital differences are expanded financial activities through subsidiary. statutorily mandated. Others were financial subsidiaries. Section 121(a) of The OCC, the FDIC, and the FRB significant historically but now no the GLBA (12 U.S.C. 24a) imposes a adopted final rules implementing their longer affect in a measurable way, either number of conditions and requirements respective provisions of Section 121 of individually or in the aggregate, upon national banks that have financial GLBA for national banks in March 2000, institutions supervised by the federal subsidiaries, including specifying the for state nonmember banks in January banking agencies. In addition to the treatment that applies for regulatory 2001, and for state member banks in specific differences noted below, the capital purposes. The statute requires August 2001. GLBA did not provide agencies may have differences in how that a national bank deduct from assets new authority to OTS-regulated they apply certain aspects of their rules. and tangible equity the aggregate institutions to own, hold, or operate These differences usually arise as a amount of its equity investments in financial subsidiaries, as defined. result of case-specific inquiries that financial subsidiaries. The statute further requires that the financial Subordinate Organizations Other Than have only been presented to one agency. subsidiary’s assets and liabilities not be Financial Subsidiaries Agency staffs seek to minimize these consolidated with those of the parent Banks supervised by the OCC, the occurrences by coordinating responses national bank for applicable capital FRB, and the FDIC generally consolidate to the fullest extent reasonably purposes. all significant majority-owned practicable. GLBA also amends the Federal subsidiaries for regulatory capital The federal banking agencies have Deposit Insurance Act to provide that an purposes. This practice assures that substantially similar capital adequacy capital requirements are related to the standards. These standards employ a 1 A national bank that has a financial subsidiary aggregate credit (and, where applicable, common regulatory framework that must satisfy a number of statutory requirements in market) risks to which the banking addition to the capital deduction and organization is exposed. For establishes minimum leverage and risk- deconsolidation requirements described in the text. based capital ratios for all banking The bank (and each of its depository institution subsidiaries other than financial organizations (banks, bank holding affiliates) must be well capitalized and well subsidiaries that are not consolidated on managed. Asset size restrictions apply to the companies and savings associations). a line-for-line basis for financial aggregate amount of assets of all of the bank’s reporting purposes, joint ventures, and The agencies view the leverage and risk- financial subsidiaries. Certain debt rating associated companies, the parent based capital requirements as minimum requirements apply, depending on the size of the national bank. The national bank is required to banking organization’s investment in standards and most institutions are maintain policies and procedures to protect the each such entity is, for risk-based expected to operate with capital levels bank from financial and operational risks presented capital purposes, deducted from capital well above the minimums, particularly by the financial subsidiary. It is also required to or assigned to the 100 percent risk- those institutions that are expanding or have policies and procedures to preserve the corporate separateness of the financial subsidiary weight category, depending upon the experiencing unusual or high levels of and the bank’s limited liability. Finally, circumstances. The FRB’s and the risk. transactions between the bank and its financial FDIC’s rules also permit the banking subsidiary must comply with the Federal Reserve The OCC, the FRB, and the FDIC, Act’s (FRA) restrictions on affiliate transactions and organization to consolidate the under the auspices of the Federal with the anti-tying provisions of the Bank Holding investment on a pro rata basis in Financial Institutions Examination Company Act. See 12 U.S.C. 5136A. appropriate circumstances. These Council, have developed uniform State member banks may have financial options for handling unconsolidated subsidiaries if they comply with all of the same subsidiaries, joint ventures, and Reports of Condition and Income (Call restrictions that apply to national banks. See 12 Reports) for all insured commercial U.S.C. 335 (state member banks subject to the associated companies for purposes of banks and FDIC-supervised savings ‘‘same conditions and limitations’’ that apply to determining the capital adequacy of the national banks that hold financial subsidiaries). banks. The OTS requires each OTS- parent banking organization provide the State nonmember banks may also have financial agencies with the flexibility necessary to supervised savings association to file subsidiaries, but are subject only to a subset of the ensure that institutions maintain capital the Thrift Financial Report (TFR). The requirements that apply to national banks and state levels that are commensurate with the reporting standards for recognition and member banks. The applicable requirements are as follows. The bank must be well capitalized and actual risks involved. measurement in the Call Reports and must comply with the capital deduction and Under the OTS’s capital regulations, a the TFR are consistent with generally deconsolidation requirements. It must also satisfy statutorily mandated distinction is accepted accounting principles (GAAP). the requirements for policies and procedures to protect the bank from financial and operational drawn between majority-owned Thus, there are no significant risks and to preserve corporate separateness and subsidiaries engaged in activities that differences in regulatory accounting limited liability for the bank. Further, the bank is are permissible for national banks and standards for regulatory reports filed subject to the affiliate transactions restrictions of subsidiaries engaged in ‘‘impermissible’’ with the federal banking agencies. Only the FRA. See 12 U.S.C. 1831w. Finally, national banks, state member, and state activities for national banks. Where one minor difference remains between nonmember banks may not establish or acquire a subsidiaries engage in activities that are the accounting standards of the OTS financial subsidiary or commence a new activity in impermissible for national banks, the and those of the other federal banking a financial subsidiary if the bank, or any of its OTS requires the deduction of the agencies, and that difference relates to insured depository institution affiliates, has received a less than satisfactory rating as of its most parent’s investment in these push-down accounting, as more fully recent examination under the Community subsidiaries from the parent’s assets and explained below. Reinvestment Act. See 12 U.S.C. 1841(l)(2). capital. If a subsidiary’s activities are

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permissible for a national bank, that or eliminate dividends, and the stock Tier 2 capital. In the aggregate, however, subsidiary’s assets are generally would not qualify as noncumulative. If these deposits, accounts, and certificates consolidated with those of the parent on an OTS-supervised savings association are only a negligible amount of the Tier a line-for-line basis. If a subordinate issues perpetual preferred stock that 1 capital of institutions supervised by organization, other than a subsidiary, requires the payment of dividends in the OTS. The OCC, the FRB, and the engages in impermissible activities, the the form of stock when cash dividends FDIC do not expressly address these OTS will generally deduct investments are not paid, the stock may, subject to instruments in their regulatory capital in and loans to that organization. If a supervisory approval, qualify as standards, and they generally are not subordinate organization, other than a noncumulative. recognized as Tier 1 or Tier 2 capital subsidiary, engages solely in components. Equity Securities of Government- permissible activities, the OTS may, Sponsored Enterprises Core Deposit Intangibles depending upon the nature and risk of the activity, either assign investments in The FRB, the FDIC, and the OTS The OCC, the FRB, and the FDIC and loans to that organization to the 100 apply a 100 percent risk weight to require institutions to deduct core percent risk-weight category or require equity securities of government- deposit intangibles from regulatory full deduction of the investments and sponsored enterprises (GSEs), other than capital. Although the OTS’s capital loans. the 20 percent risk weighting of Federal rules generally require the same Home Loan Bank stock held by banking treatment for core deposit intangibles, Collateralized Transactions organizations as a condition of they contain one difference that, with The FRB and the OCC assign a zero membership. The OCC applies a 20 the passage of time, continues to percent risk weight to claims percent risk weight to all GSE equity decrease in significance. Under its rules, collateralized by cash on deposit in the securities. the OTS has grandfathered, i.e., does not institution or by securities issued or deduct from regulatory capital, core guaranteed by the U.S. Government, Limitation on Subordinated Debt and deposit intangibles acquired before U.S. Government agencies, or the Limited-Life Preferred Stock February 1994 up to 25 percent of Tier central governments of other countries The OCC, the FRB, and the FDIC limit 1 capital. These grandfathered assets, that are members of the Organization for the amount of subordinated debt and however, are only a negligible amount Economic Cooperation and intermediate-term preferred stock that of the assets of institutions supervised Development (OECD). The OCC and the may be treated as part of Tier 2 capital by OTS. FRB rules require the collateral to be to 50 percent of Tier 1 capital. The OTS Covered Assets marked to market daily and a positive does not prescribe such a restriction. margin of collateral protection to be The OTS does, however, limit the The OCC, the FRB, and the FDIC maintained daily. The FRB requires amount of Tier 2 capital to 100 percent generally place assets subject to qualifying claims to be fully of Tier 1 capital, as do the other guarantee arrangements by the FDIC or collateralized, while the OCC rule agencies. the former Federal Savings and Loan permits partial collateralization. In addition, for banking organizations Insurance Corporation in the 20 percent The FDIC and the OTS assign a zero supervised by the OCC, the FRB, and risk-weight category. The OTS places percent risk weight to claims on the FDIC, these maturing instruments these ‘‘covered assets’’ in the zero qualifying securities firms that are must be discounted by 20 percent of the percent risk-weight category. collateralized by cash on deposit in the original amount (less redemptions) in Tangible Capital Requirement institution or by securities issued or each of the last five years before guaranteed by the U.S. Government, maturity. The OTS provides thrifts the Savings associations supervised by U.S. agencies, or other OECD central option of using either the discounting the OTS, by statute, must satisfy a 1.5 governments. The FDIC and the OTS approach used by the other federal percent minimum tangible capital accord a 20 percent risk weight to such banking agencies, or an approach requirement. Other subsequent statutory claims on other parties. which, during the last seven years of the and regulatory changes, however, instrument’s life, allows for the full imposed higher capital standards Noncumulative Perpetual Preferred inclusion of all such instruments, rendering it unlikely, if not impossible, Stock provided that the aggregate amount of for the 1.5 percent tangible capital Under the federal banking agencies’ such instruments maturing in any one requirement to function as a meaningful capital standards, noncumulative year does not exceed 20 percent of the regulatory trigger. This statutory perpetual preferred stock is a thrift’s total capital. tangible capital requirement does not component of Tier 1 capital. The capital apply to institutions supervised by the standards of the OCC, the FRB, and the Pledged Deposits, Nonwithdrawable OCC, the FRB, or the FDIC. Accounts, and Certain Certificates FDIC require noncumulative perpetual Differences in Accounting Standards preferred stock to give the issuer the The OTS capital regulations permit Among the Federal Banking Agencies option to waive the payment of mutual savings associations to include dividends and to provide that waived in Tier 1 capital pledged deposits and Push-Down Accounting dividends neither accumulate to future nonwithdrawable accounts to the extent Push-down accounting is the periods nor represent a contingent claim that such accounts or deposits have no establishment of a new accounting basis on the issuer. fixed maturity date, cannot be for a depository institution in its The practical effect of these withdrawn at the option of the separate financial statements as a result requirements is that if a bank supervised accountholder, and do not earn interest of a substantive change in control. by the OCC, the FRB, or the FDIC issues that carries over to subsequent periods. Under push-down accounting, when a perpetual preferred stock and is The OTS also permits the inclusion of depository institution is acquired in a required to pay dividends in a form net worth certificates, mutual capital purchase, yet retains its separate other than cash, e.g., stock, when cash certificates, and income capital corporate existence, the assets and dividends are not or cannot be paid, the certificates complying with applicable liabilities of the acquired institution are bank does not have the option to waive OTS regulations in savings associations’ restated to their fair values as of the

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acquisition date. These values, ADDRESSES: Direct all written comments and purchase of services to provide including any goodwill, are reflected in to Financial Management Service, 3700 information. the separate financial statements of the East-West Highway, Records and Wanda Rogers, acquired institution, as well as in any Information Management Program Staff, consolidated financial statements of the Room 135, Hyattsville, Maryland 20782. Assistant Commissioner, Financial Operations. institution’s parent. FOR FURTHER INFORMATION CONTACT: The OCC, the FRB, and the FDIC [FR Doc. 04–3874 Filed 2–23–04; 8:45 am] require the use of push-down Requests for additional information BILLING CODE 4810–35–M accounting for regulatory reporting should be directed to Robert Cline, purposes when there is at least a 95 Surety Bond Branch, 3700 East West percent change in ownership. This Highway, Hyattsville, Maryland 20782, DEPARTMENT OF THE TREASURY (202) 874–6850. approach is generally consistent with Fiscal Service accounting interpretations issued by the SUPPLEMENTARY INFORMATION: Pursuant staff of the Securities and Exchange to the Paperwork Reduction Act of 1995 Surety Companies Acceptable on Commission. The OTS requires the use (44 U.S.C. 3506(c)(2)(A)), the financial Federal Bonds: Termination— of push-down accounting when there is Management Service solicits comments Cumberland Casualty and Surety at least a 90 percent change in on the collection of information Company ownership. described below: Dated: February 18, 2004. Title: Annual Financial Statement of AGENCY: Financial Management Service, John D. Hawke, Jr., Surety Companies—Schedule F. Fiscal Service, Department of the Treasury. Comptroller of the Currency. OMB Number: 1510–0012. ACTION: Notice. Dated: February 9, 2004. Form Number: FMS 6314. By order of the Board of Governors of the Abstract: This form provides Federal Reserve System. SUMMARY: This is Supplement No. 8 to information that is used to determine Jennifer J. Johnson, the Treasury Department Circular 570; the amount of unauthorized reinsurance 2003 Revision, published July 1, 2003 at Secretary of the Board. of a Treasury Certified Company, and to 68 FR 39186. Dated at Washington, DC this 10th day of compute its underwriting limitations. FOR FURTHER INFORMATION CONTACT: February, 2004. This computation is necessary to ensure Surety Bond Branch at (202) 874–6850. Federal Deposit Insurance Corporation. the solvency of companies certified by Robert E. Feldman, Treasury, and their ability to carry out SUPPLEMENTARY INFORMATION: Notice is Executive Secretary. contractual surety requirements. hereby given that the Certificate of Current Actions: Extension of Authority issued by the Treasury to the Dated: February 17, 2004. currently approved collection. above named Company, under the By the Office of Thrift Supervision. United States Code, title 31, sections Type of Review: Regular. James Gilleran, 9304–9308, to qualify as an acceptable Director. Affected Public: Business or other for- surety on Federal bonds is terminated profit. [FR Doc. 04–3959 Filed 2–23–04; 8:45 am] effective today. BILLING CODE 4810–33–P, 6720–01–P, 6210–01–P, Estimated Number of Respondents: The Company was last listed as an 6714–01–P 368. acceptable surety on Federal bonds at 68 Estimated Time Per Respondent: FR 39196, July 1, 2003. Varies from 8 hours to 80 hours. DEPARTMENT OF THE TREASURY With respect to any bonds, including Estimated Total Annual Burden continuous bonds, currently in force Fiscal Service Hours: 15,635. with above listed Company, bond- approving officers should secure new Comments: Comments submitted in bonds with acceptable sureties in those Financial Management Service; response to this notice will be instances where a significant amount of Proposed Collection of Information: summarized and/or included in the liability remains outstanding. In Annual Financial Statement of Surety request for Office of Management and addition, in no event, should bonds that Companies—Schedule F Budget approval. All comments will are continuous in nature be renewed. AGENCY: Financial Management Service, become a matter of public record. Fiscal Service, Treasury. Comments are invited on: (a) Whether The Circular may be viewed and downloaded through the Internet at ACTION: Notice and request for the collection of information is http://www.fms.treas.gov/c570. A hard comments. necessary for the proper performance of the functions of the agency, including copy may be purchased from the SUMMARY: The Financial Management whether the information shall have Government Printing Office (GPO), Service, as part of its continuing effort practical utility; (b) the accuracy of the Subscription Service, Washington, DC, to reduce paperwork and respondent agency’s estimate of the burden of the telephone (202) 512–1800. When burden, invites the general public and collection of information; (c) ways to ordering the Circular from GPO, use the other Federal agencies to take this enhance the quality, utility, and clarity following stock number: 769–004– opportunity to comment on a of the information to be collected; (d) 04643–2. continuing information collection. By ways to minimize the burden of the Questions concerning this notice may this notice, the Financial Management collection of information on be directed to the U.S. Department of Service solicits comments concerning respondents, including through the use the Treasury, Financial Management the ‘‘Annual Financial Statement of of automated collection techniques or Service, Financial Accounting and Surety Companies—Schedule F.’’ other forms of information technology; Services Division, Surety Bond Branch, DATES: Written comments should be and (e) estimates of capital or start-up 3700 East-West Highway, Room 6F07, received on or before April 26, 2004. costs and cost of operation, maintenance Hyattsville, MD 20782.

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Dated: February 13, 2004. Type of Review: Extension of a SUMMARY: The Department of the Wanda J. Rogers, currently approved collection. Treasury, as part of its continuing effort Assistant Commissioner, Financial Affected Public: Business or other for- to reduce paperwork and respondent Operations, Financial Management Service. profit organizations. burden, invites the general public and [FR Doc. 04–3875 Filed 2–23–04; 8:45 am] Estimated Number of Respondents: other Federal agencies to take this BILLING CODE 4810–35–M 65. opportunity to comment on proposed Estimated Average Time Per and/or continuing information Respondent: 18 hours. collections, as required by the DEPARTMENT OF THE TREASURY Estimated Total Annual Burden Paperwork Reduction Act of 1995, Hours: 1,170. Public Law 104–13(44 U.S.C. Internal Revenue Service The following paragraph applies to all 3506(c)(2)(A)). Currently, the IRS is of the collections of information covered soliciting comments concerning existing Proposed Collection; Comment by this notice: final and temporary regulations, TD An agency may not conduct or Request for Notice 2004–11 8223, Branch Tax; TD 8432, Branch sponsor, and a person is not required to Profits Tax; and TD 8657, Regulations AGENCY: Internal Revenue Service (IRS), respond to, a collection of information on Effectively Connected Income and Treasury. unless the collection of information the Branch Profits Tax (§§ 1.884–1, ACTION: Notice and request for displays a valid OMB control number. 1.884–2, 1.884–2T, 1.884–4, 1.884–5). comments. Books or records relating to a collection of information must be retained as long DATES: Written comments should be SUMMARY: The Department of the received on or before April 26, 2004 to Treasury, as part of its continuing effort as their contents may become material in the administration of any internal be assured of consideration. to reduce paperwork and respondent ADDRESSES: Direct all written comments burden, invites the general public and revenue law. Generally, tax returns and tax return information are confidential, to Glenn Kirkland, Internal Revenue other Federal agencies to take this Service, room 6411, 1111 Constitution opportunity to comment on proposed as required by 26 U.S.C. 6103. Request for Comments: Comments Avenue NW., Washington, DC 20224. and/or continuing information submitted in response to this notice will FOR FURTHER INFORMATION CONTACT: collections, as required by the be summarized and/or included in the Requests for additional information or Paperwork Reduction Act of 1995, request for OMB approval. All copies of the regulations should be Public Law 104–13 (44 U.S.C. comments will become a matter of directed to Larnice Mack at Internal 3506(c)(2)(A)). Currently, the IRS is public record. Comments are invited on: Revenue Service, room 6407, 1111 soliciting comments concerning Notice (a) Whether the collection of Constitution Avenue NW., Washington, 2004–11, Research Credit Record information is necessary for the proper DC 20224, or at (202)622–3179, or Retention Agreements. performance of the functions of the through the internet at DATES: Written comments should be agency, including whether the ([email protected]). received on or before April 26, 2004 to information shall have practical utility; be assured of consideration. SUPPLEMENTARY INFORMATION: (b) the accuracy of the agency’s estimate Title: TD 8223, Branch Tax; TD 8432, ADDRESSES: Direct all written comments of the burden of the collection of Branch Profits Tax; and TD 8657, to Glenn P. Kirkland, Internal Revenue information; (c) ways to enhance the Regulations on Effectively Connected Service, room 6411, 1111 Constitution quality, utility, and clarity of the Income and the Branch Profits Tax. Avenue NW., Washington, DC 20224. information to be collected; (d) ways to OMB Number: 1545–1070. Regulation FOR FURTHER INFORMATION CONTACT: minimize the burden of the collection of Project Number: TD 8223, TD 8432, and Requests for additional information or information on respondents, including TD 8657. copies of notice should be directed to through the use of automated collection Abstract: These regulations provide Carol Savage at Internal Revenue techniques or other forms of information guidance on how to comply with Service, room 6407, 1111 Constitution technology; and (e) estimates of capital Internal Revenue Code section 884, Avenue NW., Washington, DC 20224, or or start-up costs and costs of operation, which imposes a tax on the earnings of at (202) 622–3945, or through the maintenance, and purchase of services a foreign corporation’s branch that are internet at [email protected]. to provide information. removed from the branch and which SUPPLEMENTARY INFORMATION: Approved: February 17, 2004. subjects interest paid by the branch, and Title: Research Credit Record Glenn P. Kirkland, certain interest deducted by the foreign Retention Agreements. IRS Reports Clearance Officer. corporation, to tax. OMB Number: 1545–1859. Current Actions: There is no change to [FR Doc. 04–3995 Filed 2–23–04; 8:45 am] Notice Number: Notice 2004–11. these existing regulations. Abstract: Notice 2004–11 announces a BILLING CODE 4830–01–P Type of Review: Extension of a pilot program in which the Internal currently approved collection. Revenue Service and large and mid-size Affected Public: Business or other for- DEPARTMENT OF THE TREASURY business taxpayers may enter into profit organizations. research credit recordkeeping Internal Revenue Service Estimated Number of Respondents: agreements (RCRAs). If the taxpayer 28,500. complies with the terms of the RCRA, [TD 8223, TD 8432, and TD 8657] Estimated Time Per Respondent: 27 the Service will deem the taxpayer to minutes. satisfy the recordkeeping requirements Proposed Collection; Comment Estimated Total Annual Burden of section 6001 for purposes of the Request for Regulation Project Hours: 12,694. credit for increasing research activities AGENCY: Internal Revenue Service (IRS), The following paragraph applies to all under section 41 of the Internal Revenue Treasury. of the collections of 1information Code. covered by this notice: ACTION: Notice and request for Current Actions: There are no changes An agency may not conduct or comments. being made to the notice at this time. sponsor, and a person is not required to

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respond to, a collection of information DATES: Written comments should be (b) the accuracy of the agency’s estimate unless the collection of information received on or before April 26, 2004, to of the burden of the collection of displays a valid OMB control number. be assured of consideration. information; (c) ways to enhance the Books or records relating to a ADDRESSES: Direct all written comments quality, utility, and clarity of the collection of information must be to Glenn Kirkland Internal Revenue information to be collected; (d) ways to retained as long as their contents may Service, Room 6411, 1111 Constitution minimize the burden of the collection of become material in the administration Avenue NW., Washington, DC 20224. information on respondents, including of any internal revenue law. Generally, FOR FURTHER INFORMATION CONTACT: through the use of automated collection tax returns and tax return information Requests for additional information or techniques or other forms of information are confidential, as required by 26 copies of the form and instructions technology; and (e) estimates of capital U.S.C. 6103. should be directed to Larnice Mack at or start-up costs and costs of operation, Request for Comments: Comments Internal Revenue Service, room 6407, maintenance, and purchase of services submitted in response to this notice will 1111 Constitution Avenue NW., to provide information. be summarized and/or included in the Washington, DC 20224, or at (202) 622– Approved: February 17, 2004. request for OMB approval. All 3179, or through the Internet at Glenn Kirkland, comments will become a matter of ([email protected]). IRS Reports Clearance Officer. public record. Comments are invited on: SUPPLEMENTARY INFORMATION: [FR Doc. 04–3997 Filed 2–23–04; 8:45 am] (a) Whether the collection of Title: U.S. Estate Tax Return for BILLING CODE 4830–01–P information is necessary for the proper Qualified Domestic Trusts. performance of the functions of the OMB Number: 1545–1212. agency, including whether the Form Number: 706–QDT. DEPARTMENT OF THE TREASURY information shall have practical utility; Abstract: Form 706–QDT is used by (b) the accuracy of the agency’s estimate the trustee or the designated filer to Internal Revenue Service of the burden of the collection of compute and report the Federal estate information; (c) ways to enhance the tax imposed on qualified domestic Open Meeting of the Area 3 Taxpayer quality, utility, and clarity of the trusts by Internal Revenue Code section Advocacy Panel (Including the States information to be collected; (d) ways to 2056A. The IRS uses the information to of Florida, Georgia, Alabama, minimize the burden of the collection of enforce this tax and to verify that the tax Mississippi, Louisiana, Arkansas and information on respondents, including has been properly computed. Tennessee) through the use of automated collection Current Actions: There are no changes AGENCY: Internal Revenue Service (IRS), techniques or other forms of information being made to the form at this time. Treasury. technology; and (e) estimates of capital Type of Review: Extension of a ACTION: Notice. or start-up costs and costs of operation, currently approved collection. maintenance, and purchase of services Affected Public: Individuals or SUMMARY: An open meeting of the Area to provide information. households and business or other for- 3 Taxpayer Advocacy Panel will be Approved: February 17, 2004. profit organizations. conducted (via teleconference). The Glenn Kirkland, Estimated Number of Respondents: Taxpayer Advocacy Panel is soliciting IRS Reports Clearance Officer. 80. public comments, ideas, and Estimated Time Per Respondent: 4 [FR Doc. 04–3996 Filed 2–23–04; 8:45 am] suggestions on improving customer hours, 28 minutes. service at the Internal Revenue Service. BILLING CODE 4830–01–P Estimated Total Annual Burden DATES: The meeting will be held Friday, Hours: 357. March 19, 2004, from 11 a.m. EDT to DEPARTMENT OF THE TREASURY The following paragraph applies to all of the collections of information covered 12:30 p.m. EDT. FOR FURTHER INFORMATION CONTACT: Internal Revenue Service by this notice: An agency may not conduct or Sallie Chavez at 1–888–912–1227, or Proposed Collection; Comment sponsor, and a person is not required to 954–423–7979. Request for Form 706–QDT respond to, a collection of information SUPPLEMENTARY INFORMATION: Notice is unless the collection of information hereby given pursuant to Section AGENCY: Internal Revenue Service (IRS), displays a valid OMB control number. 10(a)(2) of the Federal Advisory Treasury. Books or records relating to a collection Committee Act, 5 U.S.C. App. (1988) ACTION: Notice and request for of information must be retained as long that an open meeting of the Area 3 comments. as their contents may become material Taxpayer Advocacy Panel will be held in the administration of any internal Friday, March 19, 2004, from 11:00 am SUMMARY: The Department of the revenue law. Generally, tax returns and EST to 12:30 pm EST via a telephone Treasury, as part of its continuing effort tax return information are confidential, conference call. Individual comments to reduce paperwork and respondent as required by 26 U.S.C. 6103. will be limited to 5 minutes. If you burden, invites the general public and Request for Comments: Comments would like to have the TAP consider a other Federal agencies to take this submitted in response to this notice will written statement, please call 1–888– opportunity to comment on proposed be summarized and/or included in the 912–1227 or 954–423–7979, or write and/or continuing information request for OMB approval. All Sallie Chavez, TAP Office, 1000 South collections, as required by the comments will become a matter of Pine Island Rd., Suite 340, Plantation, Paperwork Reduction Act of 1995, public record. Comments are invited on: FL 33324. Due to limited conference Public Law 104–13 (44 U.S.C. (a) Whether the collection of lines, notification of intent to participate 3506(c)(2)(A)). Currently, the IRS is information is necessary for the proper in the telephone conference call meeting soliciting comments concerning Form performance of the functions of the must be made with Sallie Chavez. Ms. 706–QDT, U.S. Estate Tax Return for agency, including whether the Chavez can be reached at 1–888–912– Qualified Domestic Trusts. information shall have practical utility; 1227 or 954–423–7979, or post

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comments to the Web site at http:// SUMMARY: An open meeting of the Small Panel will be held Friday, March 19, www.improveirs.org. Business/Self Employed—Payroll 2004 from 8 a.m. PST to 4 p.m. PST and The agenda will include: Various IRS Committee of the Taxpayer Advocacy Saturday, March 20, 2004 from 9 a.m. issues. Panel will be conducted. The TAP will PST to 11 a.m. PST at 3555 Las Vegas Dated: February 18, 2004. be discussing issues pertaining to Blvd South, Las Vegas, Nevada 89109. If Bernard Coston, increasing compliance and lessening the you would like to have the TAP burden for Small Business/Self consider a written statement, please call Director, Taxpayer Advocacy Panel. Employed individuals. 1–888–912–1227 or 206–220–6096, or [FR Doc. 04–3999 Filed 2–23–04; 8:45 am] Recommendations for IRS systemic write to Mary O’Brien, TAP Office, 915 BILLING CODE 4830–01–P changes will be developed. Second Avenue MS W–406, Seattle, WA DATES: The meeting will be held Friday, 98174. Due to limited space, notification March 19, 2004 and Saturday, March 20, of intent to participate in the meeting DEPARTMENT OF THE TREASURY 2004. must be made with Mary O’Brien. Ms. Internal Revenue Service FOR FURTHER INFORMATION CONTACT: O’Brien can be reached at 1–888–912– Mary O’Brien at 1–888–912–1227, or 1227 or 206–220–6096. Open Meeting of the Small Business/ 206 220–6096. The agenda will include the Self Employed—Payroll Committee of SUPPLEMENTARY INFORMATION: Notice is following: Various IRS issues. the Taxpayer Advocacy Panel hereby given pursuant to section Dated: February 18, 2004. 10(a)(2) of the Federal Advisory AGENCY: Internal Revenue Service (IRS), Committee Act, 5 U.S.C. App. (1988) Bernard Coston, Treasury. that an open meeting of the Small Director, Taxpayer Advocacy Panel. Business/Self Employed—Payroll [FR Doc. 04–4000 Filed 2–23–04; 8:45 am] ACTION: Notice. Committee of the Taxpayer Advocacy BILLING CODE 4830–01–P

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Corrections Federal Register Vol. 69, No. 36

Tuesday, February 24, 2004

This section of the FEDERAL REGISTER DEPARTMENT OF DEFENSE 1. On page 7728, in the first column, contains editorial corrections of previously under FOR FURTHER INFORMATION published Presidential, Rule, Proposed Rule, Department of the Army; Corps of CONTACT, in the seventh line, and Notice documents. These corrections are Engineers ‘‘CESAC–RE–P’’ should read, ‘‘CESAC– prepared by the Office of the Federal Register. Agency prepared corrections are Intent To Prepare an Environmental RD–P.’’ issued as signed documents and appear in Impact Statement for a Marine 2. On the same page, in the second the appropriate document categories Container Terminal at the Charleston column, under SUPPLEMENTARY elsewhere in the issue. Naval Complex in the City of North INFORMATION, in the 17th—19th Charleston, Charleston County, SC lines, the second Web site address should read, ‘‘http:// Correction www.sac.usace.army.mil/newinternet/ In notice document 04–3609 org/regulatory/index.html#permit.’’ beginning on page 7728 in the issue of Thursday, February 19, 2004, make the [FR Doc. C4–3609 Filed 2–23–04; 8:45 am] following corrections: BILLING CODE 1505–01–D

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Part II

Federal Trade Commission 16 CFR Part 603 Prohibition Against Circumventing Treatment as a Nationwide Consumer Reporting Agency; Interim Final Rule

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FEDERAL TRADE COMMISSION site. The fields marked with an asterisk agencies that compile and maintain files on the form are required in order for the on consumers nationwide (nationwide 16 CFR Part 603 FTC to fully consider a particular CRAs), as such entities are defined by comment. Commenters may choose not section 603(p) of the FCRA, 15 U.S.C. RIN 3084–AA94 to fill in one or more of those fields, but 1681a(p). These additional requirements Prohibition Against Circumventing if they do so, their comments may not include the obligation to provide, upon Treatment as a Nationwide Consumer be considered. request, one free file disclosure to the Reporting Agency The FTC Act and other laws the consumer annually. Commission administers permit the The FTC is adopting this interim final AGENCY: Federal Trade Commission collection of public comments to rule to implement section 211(b) of the (FTC or Commission). consider and use in this proceeding as FACT Act, Public Law 108–159, 117 ACTION: Interim final rule, request for appropriate. All timely and responsive Stat. 1952, 15 U.S.C. 1681y, (sec. 629 of comment. public comments, whether filed in the FCRA) which directs the FTC to paper or electronic form, will be issue regulations to prevent consumer SUMMARY: The recently enacted Fair and considered by the Commission, and will reporting agencies from circumventing Accurate Credit Transactions Act of be available to the public on the FTC or evading the obligations imposed on 2003 (FACT Act or the Act) requires the Web site, to the extent practicable, at nationwide CRAs. The interim final rule FTC to adopt rules to prevent consumer http://www.ftc.gov. As a matter of prohibits such circumvention through reporting agencies from avoiding discretion, the FTC makes every effort to any means, including but not limited to treatment as nationwide consumer remove home contact information for corporate organization, reorganization, reporting agencies. In this action, the individuals from the public comments it structuring, or restructuring, or by FTC is adopting, and seeking comment receives before placing those comments maintaining or merging public record on, an interim final rule that prohibits on the FTC Web site. More information, and credit account information in a consumer reporting agencies from including routine uses permitted by the manner that is substantially equivalent avoiding these obligations through any Privacy Act, may be found in the FTC’s to the manner described in section means, including corporate structuring privacy policy, at http://www.ftc.gov/ 603(p) of the FCRA. or technological methods. ftc/privacy.htm. II. Overview of Rule DATES: The interim final rule is effective FOR FURTHER INFORMATION CONTACT: on March 3, 2004. Comments must be Helen Foster or Sandra Farrington, A. Rule of Construction received by April 23, 2004. Attorneys, Division of Financial Section 603.1 of the interim final rule ADDRESSES: Interested parties are Practices, Federal Trade Commission, sets out a rule of construction to clarify invited to submit written comments. 600 Pennsylvania Avenue, NW., the effect of the examples used in the Comments should refer to ‘‘FACTA Washington, DC 20580, (202) 326–3224. interim final rule. Given the breadth of Interim Final Rule Prohibiting SUPPLEMENTARY INFORMATION: the statutory language, and the potential Circumvention, Project No. P044804’’ to impact of the rule on a variety of entities facilitate the organization of comments. Table of Contents and transactions, the Commission has A comment filed in paper form should I. Introduction elected to provide examples of conduct include this reference both in the text II. Overview of Rule that would, and would not, comply with and on the envelope, and should be A. Rule of Construction the interim final rule. This section mailed or delivered to the following B. General Prohibition provides that these examples are not address: Federal Trade Commission/ C. Limitation on Applicability intended to be exhaustive; rather they Office of the Secretary, Room 159–H III. Good Cause for Interim Final Rule and are intended to illustrate how the (Annex C), 600 Pennsylvania Avenue, Immediate Effective Date IV. Invitation to Comment interim final rule would apply in NW., Washington, DC 20580. Comments V. Communications by Outside Parties to specific circumstances. The containing confidential material must be Commissioners and Their Advisors Commission invites comment on filed in paper form, as explained in the VI. Paperwork Reduction Act whether including examples in the rule Supplementary Information section. The VII. Regulatory Flexibility Act is useful and suggestions on additional FTC is requesting that any comment A. Description of the Reasons That Action or different examples that may be filed in paper form be sent by courier or by the Agency Is Being Considered helpful. overnight service, if possible, because B. Statement of the Objectives of, and Legal U.S. postal mail in the Washington area Basis for, the Interim Final Rule B. General Prohibition and at the Commission is subject to C. Small Entities to Which the Interim Section 603.2 of the interim final rule Final Rule May Apply delay due to heightened security D. Projected Reporting, Recordkeeping and prohibits consumer reporting agencies precautions. Other Compliance Requirements from using any means to circumvent or An electronic comment can be filed E. Duplicative, Overlapping, or Conflicting evade treatment as a nationwide CRA, by (1) clicking on http:// Federal Rules and thereby avoiding the obligations www.regulations.gov; (2) selecting F. Significant Alternatives to the Interim that the FCRA and FACT Act impose on ‘‘Federal Trade Commission’’ at ‘‘Search Final Rule such entities. Nationwide CRAs are for Open Regulations;’’ (3) locating the VIII. Questions for Comment on the Interim defined under the FCRA as consumer summary of this Notice; (4) clicking on Final Rule reporting agencies that ‘‘regularly ‘‘Submit a Comment on this engage[] in the practice of assembling or Regulation;’’ and (5) completing the I. Introduction evaluating, and maintaining, for the form. For a given electronic comment, The FACT Act was signed into law on purpose of furnishing consumer reports any information placed in the following December 4, 2003. Public Law 108–159, to third parties bearing on a consumer’s fields—‘‘Title,’’ ‘‘First Name,’’ ‘‘Last 117 Stat. 1952. In part, the Act amends credit worthiness, credit standing, or Name,’’ ‘‘Organization Name,’’ ‘‘State,’’ the Fair Credit Reporting Act, 15 U.S.C. credit capacity’’ both public record ‘‘Comment,’’ and ‘‘Attachment’’—will 1681 et seq., (FCRA) by imposing new information and ‘‘credit account be publicly available on the FTC Web requirements on consumer reporting information from persons who furnish

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that information regularly and in the substantially equivalent to that and public procedure thereon are ordinary course of business’ regarding described in paragraphs (1) and (2) of impracticable, unnecessary, or contrary consumers residing nationwide. FCRA section 603(p), in the manner described to the public interest.’’ 5 U.S.C. section 603(p), 15 U.S.C. 1681a(p). in section 603(p).’’ The Act does not, 553(b)(3)(B). Furthermore, a rule may Even prior to the FACT Act, however, limit the Commission’s not be made effective fewer than thirty nationwide CRAs were subject to authority to prohibit circumvention to days after publication, unless otherwise special obligations in addition to the these two types. Accordingly, the provided by the agency for good cause obligations placed on all consumer Commission concludes that Congress found and published with the rule. 5 reporting agencies. Specifically, under has granted it broad authority to prevent U.S.C. 553(d). See also 16 CFR 1.26(e). the FCRA, prior to the FACT Act, all circumvention, by any means, The Commission finds good cause for nationwide CRAs were required to: (1) including, but not limited to, the adopting this interim final rule and Participate in a joint opt-out notification specific types of circumvention making it effective without advance system for prescreened credit or described in the FACT Act. public notice or comment and within insurance offers, FCRA section Second, the FACT Act section thirty days of its publication. The FACT 604(e)(6), 15 U.S.C. 1681b(e)(6); (2) 211(b)(1) includes ‘‘reorganization or Act requires that the prohibition against maintain a toll-free telephone number restructuring’’ as examples of circumventing the requirements during normal business hours with circumvention to be prevented. The imposed on nationwide consumer personnel accessible to consumers who interim final rule addresses reporting agencies become effective ‘‘not have received their file disclosures, ‘‘organization’’ and ‘‘structuring’’ as later than 90 days after the date of FCRA section 609(c)(1)(B), 15 U.S.C. well as reorganization and restructuring. enactment of this section.’’ Therefore, 1681g(c)(1)(B); and (3) utilize an The references to ‘‘organization’’ and the prohibition must become effective automated system through which ‘‘structuring’’ are included in the on or before March 3, 2004. The 90-day furnishers of information may report interim final rule to make it clear that effective date requirement imposed reinvestigation results, FCRA section the prohibition against circumvention upon this rulemaking is significantly 611(a)(5)(D), 15 U.S.C. 1681i(a)(5)(D). applies not only to existing nationwide shorter than the rulemaking timelines The FACT Act places several new CRAs, but also to any new entrants into imposed by Congress in the FACT Act’s obligations upon nationwide CRAs, the marketplace. The Commission other substantive provisions. See, e.g. including requirements to: Place fraud believes that, in order to ensure a level Public Law 108–159, 117 Stat. 1952. In alerts in consumer files and playing field in the industry, newly imposing this deadline, Congress communicate such alerts to other formed consumer reporting agencies manifested an intent for the prohibition nationwide CRAs, Public Law 108–159, should be prohibited from on circumventing the obligations 117 Stat. 1952, section 112(a), FCRA circumvention or evasion of nationwide imposed on nationwide consumer section 605A(a), 15 U.S.C. 1681j(a); CRA responsibilities in the initial reporting agencies to be in place on an provide free file disclosures once organization and structuring of their expedited basis, prior to the annually upon request through a entities, just as existing nationwide promulgation of the rules that will centralized source, Public Law 108–159, CRAs are prohibited from it in extend those obligations. To delay 117 Stat. 1952, section 211(a), FCRA reorganization or restructuring. promulgation of an effective rule would section 612(a), 15 U.S.C. 1681j(a); and frustrate Congress’ purpose in imposing C. Limitation on Applicability participate in a process of consumer an accelerated rulemaking deadline for complaint sharing and review, Public Section 603.3 clarifies the application this provision. Law 108–159, 117 Stat. 1952, section of this interim final rule to entities that In addition, the other upcoming FACT 313(a), FCRA section 611(e), 15 U.S.C. comply with all obligations of Act rules that are to be promulgated by 1681i(e). nationwide CRAs. It states that an entity the Commission in a six-month or Section 603.2 prohibits any method of that is otherwise in violation of the rule, longer time frame, place significant new circumvention or evasion of treatment but which complies with all obligations obligations on nationwide CRAs. as a nationwide CRA, including, but not of nationwide CRAs, will be deemed in Increased regulatory burden provides an limited to, a corporate organization, compliance with the interim final rule. incentive for organizations to avoid or reorganization, structuring, or The purpose of the circumvention minimize that burden. The FACT Act restructuring, or by maintaining or provision of the FACT Act is to prevent itself, however, does not prohibit merging public record and credit evasion of the obligations of nationwide circumvention directly, but rather only account information in a manner that is CRAs-if there is no evasion of these requires the promulgation of a rule. substantially equivalent to the manner obligations, it would be anomalous to Without the rule, there is no prohibition described in section 603(p) of the FCRA. impose liability under the interim final on circumvention. Thus, it is in the The language of §603.2 closely tracks rule. public interest for the Commission to the language of the FACT Act, with two promulgate this as an effective interim exceptions. First, the interim final rule III. Good Cause for Interim Final Rule final rule as quickly as possible, to prohibits circumvention ‘‘by any and Immediate Effective Date prevent organizations from attempting means.’’ The FACT Act describes two The Administrative Procedure Act to circumvent the new FACT Act types of conduct that Congress sought to (APA), 5 U.S.C. 551 et seq., generally obligations. prevent when used as means of requires an agency to publish a notice For these reasons, the FTC finds that circumventing treatment as a of a proposed rule and afford interested issuing this rule with prior notice and nationwide CRA. The first type is persons an opportunity to provide comment is impracticable, unnecessary, ‘‘corporate reorganization or comments prior to promulgation of the and contrary to the public interest. restructuring, including a merger, rule. Notice of the proposed rule and an Accordingly, the Commission finds that acquisition, dissolution, divestiture, or opportunity for public comment are not there is good cause for adopting this asset sale of a consumer reporting required ‘‘when the agency for good interim final rule as effective less than agency.’’ The second is ‘‘maintaining or cause finds (and incorporates the thirty days from when it is published, merging public record and credit finding and a brief statement of reasons on March 3, 2004, without prior public account information in a manner that is therefore in the rules issued) that notice comment. Nonetheless, the FTC invites

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public comment on the interim final if they do so, their comments may not 1681a(p). The Commission believes that rule. Based on comments received, the be considered. there are few, if any, small entities that FTC may adjust the interim final rule as The FTC Act and other laws the meet this definition. This document necessary. Commission administers permit the serves as notice to the Small Business collection of public comments to Administration of the agency’s IV. Invitation to Comment consider and use in this proceeding as certification of no effect. Nonetheless, All persons are hereby given notice of appropriate. All timely and responsive the Commission has determined that it the opportunity to submit written data, public comments, whether filed in is appropriate to publish an IRFA in views, facts, and arguments concerning paper or electronic form, will be order to inquire into the impact of the the interim final rule. The Commission considered by the Commission, and will interim final rule on small entities. invites written comments to assist it in be available to the public on the FTC Therefore, the Commission has prepared ascertaining the facts necessary to reach Web site, to the extent practicable, at the following analysis: a determination as to whether to adopt http://www.ftc.gov. As a matter of A. Description of the Reasons That as final the interim final rule. Written discretion, the FTC makes every effort to Action by the Agency Is Being Taken. comments must be submitted on or remove home contact information for The recently enacted Fair and Accurate before April 23, 2004. Comments should individuals from the public comments it refer to ‘‘FACTA Interim Final Rule receives before placing those comments Credit Transactions Act of 2003 (FACT Prohibiting Circumvention, Project No. on the FTC Web site. More information, Act or the Act) requires the FTC to P044804’’ to facilitate the organization including routine uses permitted by the adopt rules to prevent consumer of comments. A comment filed in paper Privacy Act, may be found in the FTC’s reporting agencies from avoiding the form should include this reference both privacy policy, at http://www.ftc.gov/ statutory obligations imposed on in the text and on the envelope, and ftc/privacy.htm. nationwide consumer reporting should be mailed or delivered to the agencies. In this action, the FTC is V. Communications by Outside Parties following address: Federal Trade adopting an interim final rule that to Commissioners and Their Advisors Commission/Office of the Secretary, prohibits consumer reporting agencies Room 159–H (Annex C), 600 Written communications and from avoiding these obligations through Pennsylvania Avenue, NW., summaries or transcripts of oral any means, including corporate Washington, DC 20580. If the comment communications respecting the merits organization, reorganization, contains any material for which of this proceeding from any outside structuring, restructuring, and/or confidential treatment is requested, it party to any Commissioner or technological or data merging methods. must be filed in paper (rather than Commissioner’s advisor will be placed B. Statement of the Objectives of, and electronic) form, and the first page of on the public record. 16 CFR 1.26(b)(5). Legal Basis for, the Interim Final Rule. the document must be clearly labeled VI. Paperwork Reduction Act The objective of the interim final rule is ‘‘Confidential.’’ 1 The FTC is requesting to prohibit entities from using any that any comment filed in paper form be In accordance with the Paperwork means of circumventing or evading sent by courier or overnight service, if Reduction Act of 1995, 44 U.S.C. 3506; treatment as a nationwide consumer possible, because U.S. postal mail in the 5 CFR 1320 Appendix A.1, the FTC has reporting agency. It is authorized by and Washington area and at the Commission reviewed the interim final rule. The based upon section 211(b) of the FACT is subject to delay due to heightened Commission has determined that the Act, which added new section 629 of security precautions. interim final rule contains no collection the FCRA, 15 U.S.C. 1681y. An electronic comment can be filed of information requirements subject to Office of Management and Budget C. Small Entities to Which the Interim by (1) clicking on http:// Final Rule May Apply. The Commission www.regulations.gov.; (2) selecting review under the Paperwork Reduction Act. The interim final rule does not has not identified any small entities that ‘‘Federal Trade Commission’’ at ‘‘Search are subject to the interim final rule. The for Open Regulations;’’ (3) locating the require any entity to collect, maintain, disclose, or submit any records or other Commission invites comment and summary of this Notice; (4) clicking on information on this issue. ‘‘Submit a Comment on this information. Regulation;’’ and (5) completing the VII. Regulatory Flexibility Act D. Projected Reporting, form. For a given electronic comment, Recordkeeping and Other Compliance The Regulatory Flexibility Act (RFA), Requirements. The interim final rule any information placed in the following 5 U.S.C. 601–612, requires an agency to fields—‘‘Title,’’ ‘‘First Name,’’ ‘‘Last contains no recordkeeping, filing, or provide an Initial Regulatory Flexibility disclosure requirements. Name,’’ ‘‘Organization Name,’’ ‘‘State,’’ Analysis (IRFA) with a proposed rule ‘‘Comment,’’ and ‘‘Attachment’’—will and a Final Regulatory Flexibility E. Duplicative, Overlapping, or be publicly available on the FTC Web Analysis (FRFA) with the final rule, if Conflicting Federal Rules. The site. The fields marked with an asterisk any, unless the agency certifies that the Commission has not identified any on the form are required in order for the rule will not have a significant other federal statutes, rules, or policies FTC to fully consider a particular economic impact on a substantial that would duplicate, overlap, or comment. Commenters may choose not number of small entities. See 5 U.S.C. conflict with the interim final rule. to fill in one or more of those fields, but 603–605. F. Significant Alternatives to the The FTC does not anticipate that the Interim Final Rule. The interim final 1 Commission Rule 4.2(d), 16 CFR 4.2(d). The interim final rule will have a significant rule does not contain reporting comment must be accompanied by an explicit request for confidential treatment, including the economic impact on a substantial requirements, timetables, or design factual and legal basis for the request, and must number of small entities. The interim standards. The Commission is not aware identify the specific portions of the comment to be final rule applies to only those entities of any alternative method of compliance withheld from the public record. The request will that compile and maintain files on that would further reduce the impact (if be granted or denied by the Commission’s General Counsel, consistent with applicable law and the consumers on a nationwide basis, as any) of the interim final rule on small public interest. See Commission Rule 4.9(c), 16 CFR defined under section 603(p) of the Fair entities. The Commission invites 4.9(c). Credit Reporting Act, 15 U.S.C. comment and information on this issue.

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VIII. Questions for Comment on the PART 603—PROHIBITION AGAINST PDQ Inc. is a consumer reporting agency Interim Final Rule CIRCUMVENTING TREATMENT AS A that compiles and maintains files on consumers on a nationwide basis. It The Commission seeks comment on NATIONWIDE CONSUMER restructures its operations so that all aspects of the interim final rule. REPORTING AGENCY corporate affiliates separately assemble Without limiting the scope of issues on Sec. and maintain all information on which it seeks comment, the 603.1 Rule of construction. consumers residing in each state. PDQ Commission is particularly interested in 603.2 General prohibition. continues to operate as a consumer receiving comments on the questions 603.3 Limitation on applicability. reporting agency but ceases to comply that follow. Responses to these Authority: Pub. L. 108–159, sec. 211(b); 15 with the FCRA obligations of a questions should include detailed, U.S.C. 1681y. consumer reporting agency that factual supporting information compiles and maintains files on whenever possible. § 603.1 Rule of construction. The examples in this part are consumers on a nationwide basis, 1. Is section 603.2(a) of the interim asserting that it no longer meets the final rule adequate to prevent a illustrative and not exclusive. Compliance with an example, to the definition found in FCRA section consumer reporting agency from 603(p), because it no longer operates on circumventing or evading treatment as a extent applicable, constitutes compliance with this part. a nationwide basis. PDQ’s conduct is a consumer reporting agency described in circumvention or evasion of treatment section 603(p) of the FCRA, 15 U.S.C. § 603.2 General prohibition. as a consumer reporting agency that 1681a(p)? What other methods of compiles and maintains files on possible circumvention or evasion, if (a) A consumer reporting agency shall not circumvent or evade treatment as a consumers on a nationwide basis, and any, should the Commission consider thus violates section 603.2 of this part. prohibiting in the final rule, consistent ‘‘consumer reporting agency that (3) Circumvention By a Newly Formed with the authority granted to it in compiles and maintains files on Entity. Smith Co. is a new entrant in the section 629 of the FCRA, 15 U.S.C. consumers on a nationwide basis’’ as marketplace for consumer reports that 1681y? defined under section 603(p) of the Fair bear on a consumer’s credit worthiness, 2. Do the examples provided offer Credit Reporting Act, 15 U.S.C. standing and capacity. Smith Co. helpful guidance for complying with the 1681a(p), by any means, including, but organizes itself into two affiliated rule? What additional examples might not limited to: companies: Smith Credit Co. and Smith be helpful if included? (1) Corporate organization, reorganization, structure, or Public Records Co. Smith Credit Co. 3. Please provide comment on any or restructuring, including merger, assembles and maintains credit account all of the provisions in the interim final acquisition, dissolution, divestiture, or information from persons who furnish rule with regard to (a) the impact of the asset sale of a consumer reporting that information regularly and in the provision(s) (including any benefits and agency; or ordinary course of business on costs), if any, and (b) what alternatives, (2) Maintaining or merging public consumers residing nationwide. Smith if any, the Commission should consider, record and credit account information Public Records Co. assembles and as well as the costs and benefits of those in a manner that is substantially maintains public record information on alternatives, paying specific attention to equivalent to that described in consumers nationwide. Neither Smith the effect of the interim final rule on paragraphs (1) and (2) of section 603(p) Co. nor its affiliated organizations small entities in light of the above of the Fair Credit Reporting Act, 15 comply with FCRA obligations of analysis. Costs to ‘‘implement and U.S.C. 1681a(p). consumer reporting agencies that comply’’ with the interim final rule (b) Examples: compile and maintain files on should include expenditures of time (1) Circumvention Through consumers on a nationwide basis. Smith and money for any employee training, Reorganization By Data Type. XYZ Inc. Co.’s conduct is a circumvention or attorney, computer programmer or other is a consumer reporting agency that evasion of treatment as a consumer professional time. compiles and maintains files on reporting agency that compiles and 4. Please describe ways in which the consumers on a nationwide basis. It maintains files on consumers on a interim final rule could be modified, restructures its operations so that public nationwide basis, and thus violates consistent with the FACT Act’s record information is assembled and section 603.2 of this part. mandated requirements, to reduce any maintained only by its corporate (4) Bona Fide, Arms-Length costs or burdens for small entities. affiliate, ABC Inc. XYZ continues Transaction With Unaffiliated Party. 5. Please provide any information operating as a consumer reporting Foster Ltd. is a consumer reporting quantifying the economic costs and agency but ceases to comply with the agency that compiles and maintains benefits of the interim final rule for FCRA obligations of a consumer files on consumers on a nationwide regulated entities, including small reporting agency that compiles and basis. Foster Ltd. sells its public record entities. maintains files on consumers on a information business to an unaffiliated 6. Please identify any relevant federal, nationwide basis, asserting that it no company in a bona fide, arms-length state, or local rules that may duplicate, longer meets the definition found in transaction. Foster Ltd. ceases to overlap or conflict with the interim final FCRA section 603(p), because it no assemble, evaluate and maintain public rule. longer maintains public record record information on consumers List of Subjects in 16 CFR Part 603 information. XYZ’s conduct is a residing nationwide, and ceases to offer circumvention or evasion of treatment reports containing public record Fair Credit Reporting Act, Consumer as a consumer reporting agency that information. Foster Ltd.’s conduct is not reports, Consumer reporting agencies, compiles and maintains files on a circumvention or evasion of treatment Credit, Trade practices. consumers on a nationwide basis, and as a consumer reporting agency that ■ Accordingly, for the reasons set forth thus violates section 603.2 of this part. compiles and maintains files on in the preamble, the FTC adds 16 CFR (2) Circumvention Through consumers on a nationwide basis. Foster Part 603 as follows: Reorganization By Regional Operations. Ltd.’s conduct does not violate this part.

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§ 603.3 Limitation on applicability obligations imposed upon consumer By direction of the Commission. Any person who is otherwise in reporting agencies that compile and Donald S. Clark, violation of § 603.2 shall be deemed to maintain files on consumers on a Secretary. be in compliance with this part if such nationwide basis under the Fair Credit [FR Doc. 04–3978 Filed 2–23–04; 8:45 am] person is in compliance with all Reporting Act, 15 U.S.C. 1681 et seq. BILLING CODE 6750–01–P

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Part III

Federal Trade Commission Public Workshop: Monitoring Software on Your PC: Spyware, Adware, and Other Software; Notice

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FEDERAL TRADE COMMISSION to participate filed in electronic form download it to their families’ computers (except comments and requests without their parents’ knowledge. Public Workshop: Monitoring Software containing any confidential material) Questions to be addressed at the on Your PC: Spyware, Adware, and should be sent, as prescribed in the workshops may include: Other Software ‘‘Form and Availability of Comments’’ A. Defining and Understanding Spyware AGENCY: Federal Trade Commission section below, to the following e-mail • What types of software (particularly (FTC). box: [email protected]. All federal government agency rulemaking downloaded software) should be ACTION: Notice Announcing Public initiatives are also available online at considered ‘‘spyware’’? Workshop and Requesting Public http://www.regulations.gov. • How is adware different from Comment. FOR FURTHER INFORMATION CONTACT: spyware? SUMMARY: The FTC is planning to host Beverly Thomas, 202–326–2938, Dean B. Distribution of Spyware a public workshop, ‘‘Monitoring Forbes, 202–326–2831, or David • How is spyware distributed? Software on Your PC: Spyware, Adware, Koehler, 202–326–3627, Division of • What role does peer-to-peer file- and Other Software,’’ to explore the Advertising Practices, Federal Trade sharing play in the distribution of issues associated with the distribution Commission. The above staff can be spyware? and effects of software that aids in reached by mail at: Federal Trade • gathering information about a person or To what extent is spyware bundled Commission, 600 Pennsylvania Avenue, with other software, especially organization without their knowledge NW., Washington, DC 20580. A detailed and which may send such information freeware? agenda and additional information on • Do consumers know that spyware is to another entity without the the workshop will be posted on the consumer’s consent, or asserts control being placed on their personal FTC’s Web site, at http://www.ftc.gov/ computers? over a computer without the consumer’s bcp/workshops/spyware/index.htm, by • knowledge. How does spyware operate once it has Friday, March 19, 2004. been placed on a personal computer? DATES: The workshop will be held on SUPPLEMENTARY INFORMATION: April 19, 2004, from 8:30 a.m. to 5:30 C. The Effects of Spyware Background and Workshop Goals p.m. at the Federal Trade Commission’s • Does spyware affect the functioning of Satellite Building located at 601 New The FTC has addressed online privacy personal computers? Does spyware Jersey Avenue, NW., Washington, DC. and security issues affecting consumers interfere with use of the Internet or The event is open to the public and for nearly a decade. Through a series of programs on personal computers? If there is no fee for attendance. Pre- workshops and hearings, the so, how? registration is not required. Commission has sought to understand • Does spyware raise privacy concerns Requests to Participate as a Panelist: the online marketplace and its for consumers? As discussed below, written requests to information practices, to assess the • Does spyware collect personal participate as a panelist in the workshop impact of these practices on consumers, information about consumers? must be filed on or before Friday, March and to encourage and facilitate effective • How is the personal information 5, 2004. Persons filing requests to self-regulation. The Commission’s spyware collects used? Is it participate as a panelist will be notified efforts include bringing industry and combined with data from other on or before Friday, March 19, 2004, if consumer and privacy advocates sources? Is it transferred or they have been selected. together to address online privacy and disclosed to third-parties? Written and Electronic Comments: security issues and challenging industry • Does spyware capture the key Whether or not selected to participate, leaders to develop and implement strokes of consumers? Is key stroke persons may submit written or meaningful self-regulatory programs. information combined with data electronic comments on the topics to be The Commission has also undertaken a from other sources? Is it transferred discussed by the panelists. Such wide variety of education and civil or disclosed to third-parties? comments must be filed on or before enforcement initiatives to reduce the • To what extent is spyware used for Friday, March 19, 2004. For further harms caused by the disclosure of identity theft? instructions on submitting comments, personal information, such as identity • Does spyware raise security please see the ADDRESSES and the ‘‘Form theft, violations of privacy promises, concerns for consumers? Does and Availability of Comments’’ sections and breaches of customer databases. spyware expose personal computers below. To read our policy on how we As part of these ongoing efforts, the to increased risk from hackers? If handle the information you submit, Commission is announcing a workshop so, how? please visit http://www.ftc.gov/ftc/ designed to explore the issues • Are there special or unique privacy.htm. surrounding the distribution and effects consumer privacy or security risks ADDRESSES: Comments and requests to of software, sometimes identified as associated with spyware participate as a panelist in the workshop ‘‘spyware,’’ that aids in gathering disseminated through peer-to-peer filed in paper form should be mailed or information about a person or file-sharing software? If so, what are delivered, as prescribed in the ‘‘Form organization without their knowledge these risks? and Availability of Comments’’ sections and that may send such information to • To what extent are the privacy, below, to the following address: Federal another entity without the consumer’s security, and other concerns Trade Commission/Office of the consent, or that asserts control over a spyware raises for consumers Secretary, Room 159–H (Annex B), 600 computer without the consumer’s different from those associated with Pennsylvania Avenue, NW., knowledge. The Commission is other types of software? Washington, DC 20580. Because paper especially interested in the issue of • Does spyware create security risks mail in the Washington area and at the spyware disseminated through peer-to- for or cause harm to businesses, Agency is subject to delay, please peer software because of the widespread including harm to the reputation of consider submitting your comments via use of peer-to-peer file-sharing software software companies and others in electronic mail. Comments and requests among young people who may the high-technology industries?

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• Does spyware benefit consumers or • Would the elimination or reduction 1. A public comment filed in paper competition? If so, what are the of spyware affect the free form should be mailed or delivered, nature and extent of these benefits? distribution of peer-to-peer file- with two complete copies, to the sharing software? following address: Federal Trade D. Possible Responses to Spyware Commission/Office of the Secretary, Concerns Requests to Participate as a Panelist in Room 159–H (Annex B), 600 the Workshop • What can consumers do to prevent the Pennsylvania Avenue, NW., harms related to spyware? Parties seeking to participate as Washington, DC 20580. Both the • What can consumers do to avoid panelists in the workshop must notify comment itself and its envelope should downloading unwanted spyware? the FTC in writing of their interest in be captioned ‘‘Spyware Workshop— • What can parents do to minimize participating on or before Friday, March Comment, P044509.’’ If the comment the risk that their children will 5, 2004, either by mail to the Secretary contains any material for which download spyware, especially of the FTC or by e-mail to confidential treatment is requested, it spyware disseminated via peer-to- [email protected]. must be filed in paper (rather than peer file-sharing software? Requests to participate as a panelist electronic) form, and the first page of • Can consumers detect and remove should be filed in the same manner as the document must be clearly labeled installed spyware? If so, how comments (as detailed in the ‘‘Form and ‘‘Confidential.’’ 1 difficult is it to do so? Availability of Comments’’ section 2. A public comment that does not • Can consumers detect and remove below), and should be captioned peer-to-peer file-sharing software? If contain any material for which ‘‘Spyware Workshop—Request to confidential treatment is requested may so, how difficult is it to do? Participate, P044509.’’ Parties are asked • What can government do to prevent instead be filed in electronic form (in to include in their requests a statement ASCII, PDF, WordPerfect, or Microsoft the harms related to spyware? setting forth their expertise in or • Can law enforcement action reduce Word format), as part of or as an knowledge of the issues on which the attachment to an email message sent to the harms related to spyware? If so, workshop will focus and their contact how, to what extent, and by whom? the following e-mail box: information, including a telephone [email protected]. What should be the focus of these number, facsimile number, and email law enforcement efforts? address (if available), to enable the FTC 3. The FTC Act and other laws the • Can government-sponsored to notify them if they are selected. An Commission administers permit the consumer education play a role in original and two copies of each collection of public comments to addressing spyware? Is there a document should be submitted. consider and use in this proceeding as special need for the government to Panelists will be notified on or before appropriate. Regardless of the form in educate teenagers and their parents Friday, March 19, 2004, whether they which they are filed, all timely about the risks of spyware, have been selected. comments will be considered by the especially spyware disseminated Using the following criteria, FTC staff Commission, and will be available (to through peer-to-peer file-sharing will select a limited number of panelists the extent technologically possible, and software? to participate in the workshop: with confidential material redacted) for • What can government do to assist 1. The party has expertise in or public inspection and copying on the industry in addressing the harms knowledge of the issues that are the Commission Web site at http:// caused by spyware? focus of the workshop. www.ftc.gov and at its principal office. • What can industry do to prevent the 2. The party’s participation would As a matter of discretion, the harms related to spyware? promote a balance of interests being Commission makes every effort to • Can technological tools reduce represented at the workshop. remove home contact information for consumer concerns about spyware? 3. The party has been designated by individuals from the public comments it If so, how and to what extent? one or more interested parties (who receives, before placing those comments • Can industry best practices or self- timely file requests to participate) as a on the FTC Web site. More information, regulation decrease consumer party who shares group interests with including routine uses permitted by the concerns about spyware? If so, how the designator(s). Privacy Act, may be found in the FTC’s and to what extent? In addition, there will be time during privacy policy, at http://www.ftc.gov/ • Can industry-sponsored efforts to the workshop for those not serving as ftc/privacy.htm. educate consumers and employees panelists to ask questions. By direction of the Commission. help to reduce the harms related to Form and Availability of Comments Donald S. Clark, spyware? • Can high-tech industry partner with The FTC requests that interested Secretary. the government to address spyware? parties submit written comments on the [FR Doc. 04–3979 Filed 2–23–04; 8:45 am] • How can businesses work above questions to foster greater BILLING CODE 6750–01–P effectively with each other to understanding of the issues. Especially address spyware? useful are any studies, surveys, 1 Commission Rule 4.2(d), 16 CFR 4.2(d). The • What would be the effect on the research, and empirical data. Comments comment must also be accompanied by an explicit should be captioned ‘‘Spyware request for confidential treatment, including the market for software if spyware were factual and legal basis for the request, and must eliminated or reduced? Workshop—Comment, P044509’’; • identify the specific portions of the comment to be Would the elimination or reduction should be filed on or before Friday, withheld from the public record. The request will of spyware affect the price of March 19, 2004; and may be filed with be granted or denied by the Commission’s General software that is currently bundled the Commission in either paper or Counsel, consistent with applicable law and the with spyware? electronic form. public interest. See Commission Rule 4.9(c), 16 CFR 4.9(c).

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Part IV

The President Notice of February 20, 2004—Notice of Intention to Enter Into a Free Trade Agreement with Costa Rica, El Salvador, Honduras, Guatemala, and Nicaragua (the ‘‘CAFTA Countries’’)

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Federal Register Presidential Documents Vol. 69, No. 36

Tuesday, February 24, 2004

Title 3— Notice of February 20, 2004

The President Notice of Intention to Enter Into a Free Trade Agreement with Costa Rica, El Salvador, Honduras, Guatemala, and Nicaragua (the ‘‘CAFTA Countries’’)

Consistent with section 2105(a)(1)(A) of the Trade Act of 2002, I have notified the Congress of my intention to enter into a Free Trade Agreement with the Governments of the CAFTA countries. Consistent with section 2105(a)(1)(A) of that Act, this notice shall be pub- lished in the Federal Register. W THE WHITE HOUSE, Washington, February 20, 2004. [FR Doc. 04–4229 Filed 2–23–04; 8:49 am] Billing code 3190–01–M

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Reader Aids Federal Register Vol. 69, No. 36 Tuesday, February 24, 2004

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING FEBRUARY

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 319...... 5673 Presidential Documents 3 CFR 761...... 6056 Executive orders and proclamations 741–6000 Proclamations: 762...... 6056 The United States Government Manual 741–6000 7754...... 5457 763...... 6056 7755...... 5677 Other Services 764...... 6056 7756...... 5903 765...... 6056 Electronic and on-line services (voice) 741–6020 Executive Orders: 766...... 6056 Privacy Act Compilation 741–6064 12512 (Revoked by 767...... 6056 Public Laws Update Service (numbers, dates, etc.) 741–6043 EO 13327)...... 5897 768...... 6056 TTY for the deaf-and-hard-of-hearing 741–6086 12958(See EO 769...... 6056 13328) ...... 6901 1205...... 5936 ELECTRONIC RESEARCH 13327...... 5897 1423...... 6201 13328...... 6901 1728...... 6926 World Wide Web Administrative Orders: 8 CFR Full text of the daily Federal Register, CFR and other publications Presidential is located at: http://www.access.gpo.gov/nara Determinations: Proposed Rules: No. 2004-21...... 4843 103...... 5088 Federal Register information and research tools, including Public No. 2004-22 of Inspection List, indexes, and links to GPO Access are located at: February 5, 2004 ...... 8323 9 CFR http://www.archives.gov/federallregister/ Notices: 72...... 8328 E-mail Notice of February 13, 78...... 7863 2004 ...... 7677 145...... 7679 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Notice of February 20, an open e-mail service that provides subscribers with a digital 2004 ...... 8543 10 CFR form of the Federal Register Table of Contents. The digital form of the Federal Register Table of Contents includes HTML and 5 CFR 50...... 5267 PDF links to the full text of each document. 71...... 6139 532...... 5257, 7105 600...... 7865 To join or leave, go to http://listserv.access.gpo.gov and select 792...... 8325 Proposed Rules: Online mailing list archives, FEDREGTOC-L, Join or leave the list Proposed Rules: 19...... 8350 (orchange settings); then follow the instructions. Ch. XCVII...... 8030 20...... 8350 PENS (Public Law Electronic Notification Service) is an e-mail 591...... 6020 50...... 8350 service that notifies subscribers of recently enacted laws. 890...... 5935 170...... 4865 9701...... 8030 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 171...... 4865 and select Join or leave the list (or change settings); then follow 6 CFR 11 CFR the instructions. 29...... 8074 111...... 6525 FEDREGTOC-L and PENS are mailing lists only. We cannot 7 CFR respond to specific inquiries. 12 CFR 300...... 4845 Reference questions. Send questions and comments about the 301...... 4845, 8091 222...... 6526 Federal Register system to: [email protected] 318...... 7541 229...... 6917 The Federal Register staff cannot interpret specific documents or 319 ...... 4845, 5673, 6905 Proposed Rules: regulations. 762...... 5259 Ch. VII...... 5300 772...... 7679 25...... 5729 FEDERAL REGISTER PAGES AND DATE, FEBRUARY 905...... 5679 228...... 5729 916...... 8325 345...... 5729 4843–5004...... 2 917...... 8325 502...... 6201 5005–5256...... 3 930...... 6905 563e...... 5729 5257–5458...... 4 932...... 5905 703...... 4886 5459–5678...... 5 984...... 6910 704...... 4886 989...... 6912 5679–5904...... 6 13 CFR 5905–6138...... 9 1135...... 8327 107...... 8097 6139–6524...... 10 1724...... 7105 1726...... 7105 Proposed Rules: 6525–6904...... 11 1755...... 7105 121...... 5302 6905–7104...... 12 1940...... 5263 7105–7346...... 13 1941...... 5259 14 CFR 7347–7540...... 17 1943...... 5259 1...... 6531 7541–7678...... 18 1951...... 5259, 5264 21...... 6531 7679–7862...... 19 1962...... 5264 25...... 6532 7863–8090...... 20 1965...... 5264 39 ...... 5505, 5007, 5459, 5907, 8091–8322...... 23 Proposed Rules: 5909, 5911, 5913, 5914, 8323–8544...... 24 301...... 7607 5918, 5920, 5922, 5924,

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5926, 6139, 6532, 6533, 456...... 5440 4022...... 7119 60...... 7135, 7148 6534, 6536, 6538, 6539, 4044...... 7119 63...... 5038, 7372 6541, 6542, 6546, 6547, 17 CFR 4904...... 7120 81...... 4856 6549, 6552, 6553, 7111, 1...... 6140 Proposed Rules: 141...... 7156 7113, 7548, 7550, 7551, 200...... 8329 1926...... 7184, 8352 180 ...... 5289, 6561, 7161, 7596 7553, 7555, 7556, 7558, Proposed Rules: 268...... 6567 7560, 7561, 7565, 7680, 239...... 6438, 7852 30 CFR 300...... 7873 8098, 8101, 8103 240 ...... 6124, 6438, 6928, 7852 75...... 8107 Proposed Rules: 61...... 6531 249...... 6928 Proposed Rules: 30...... 6592 71 ...... 5008, 5009, 5010, 5011, 274 ...... 6438, 6928, 7852 57...... 7881 31...... 6592 5012, 5013, 5014, 5461, 943...... 5102, 5942 33...... 6592 5462, 5463, 7681 18 CFR 35...... 6592 77...... 5682 2...... 5268 31 CFR 40...... 6592 91 ...... 6531, 6532, 6555 4...... 5268 51...... 4901, 5944 93...... 6555 Proposed Rules: 5...... 5268 10...... 5304 52 ...... 4902, 4903, 4908, 5412, 97...... 5683, 5684 9...... 5268 6223, 7098, 7185, 7389 119...... 6531, 6555 16...... 5268 32 CFR 55...... 6928 121 .....5388, 6380, 6531, 6532, 375...... 5268 199...... 6919 60...... 7390 6555, 6556 385...... 5268 63...... 7397 125 ...... 6531, 6532, 6556 312...... 7366 775...... 8108 72...... 4901, 5944 129...... 6531 20 CFR 75...... 4901, 5944 135 .....5388, 6531, 6532, 6555, Proposed Rules: 81...... 4908, 8126 404...... 5691 153...... 4890 6556 96...... 4901, 5944 1602...... 5797 139...... 6380 21 CFR 247...... 7612 142...... 6531 1605...... 5797 1 ...... 4851, 7347, 8330 260...... 8353 145...... 5388 1609...... 5797 119...... 6788 261...... 7888, 8353 183...... 6555 1656...... 5797 201...... 7114 268...... 6593 1260...... 5015, 5016 203...... 8105 300 ...... 7613, 7897, 8353 1274...... 5016 33 CFR 522...... 7115 Proposed Rules: 106...... 7681 42 CFR 529...... 6556 110...... 5274 25...... 5747 556...... 6556 71...... 7165 36...... 6856 117 .....5017, 5275, 5276, 5463, 102...... 7376 558...... 6557 6558, 7682, 7684, 7686 39 ...... 5302, 5477, 5756, 5759, 610...... 7114 5762, 5765, 5767, 5769, 147...... 6146 43 CFR 1271...... 5272 165 .....5277, 5280, 5282, 5284, 5771, 5773, 5775, 5778, 2930...... 5703 1300...... 7348 5465, 5467, 5469, 5471, 5780, 5781, 5783, 5785, 1313...... 7348 5787, 5790, 5792, 5794, 5473, 6148, 6150, 6152, 44 CFR 6154, 6156, 6158, 6559, 5936, 5939, 6214, 6585, 22 CFR 64...... 5474, 7166 6587, 7170, 7174, 7176, 7367 126...... 7349 65 ...... 6165, 6166, 6170 7179, 7181, 7378, 7380, Proposed Rules: 67 ...... 6172, 6179, 8112, 8113 7382, 7706, 7707, 7710, 165 ...... 6219, 6221, 7717 23 CFR Proposed Rules: 7878 140...... 7116 67 ...... 6224, 8128, 8130 60...... 6216 34 CFR 200...... 7116 61...... 6218 280...... 4995 630...... 7116 45 CFR 71 ...... 5093, 5094, 5095, 5097, 345...... 8331 633...... 7116 1611...... 8114 5098, 5479, 7713, 7714, 635...... 7116 2531...... 6181 7715 36 CFR 640...... 7116 2533...... 6181 73...... 5099 242...... 5018 77...... 5101 Proposed Rules: 24 CFR Proposed Rules: 2551...... 6225 91...... 6218 7...... 5799 119...... 6218 Proposed Rules: 2552...... 6227 200...... 7324 242...... 5105 2553...... 6228 121...... 6216, 6218 1200...... 7881 135...... 6218 203...... 7324 291...... 7324 46 CFR 136...... 6218 37 CFR 990...... 5796 12...... 6575 15 CFR 262...... 5693 16...... 6575 25 CFR 263...... 5693 730...... 5686 67...... 5390 732...... 5686 Proposed Rules: Proposed Rules: Proposed Rules: 734...... 5686, 5928 162...... 6500 205...... 8120 67...... 5403 736...... 5686 221...... 5403 26 CFR 38 CFR 740...... 5686, 5928 746...... 5686 1 ...... 5017, 5248, 5272, 5931, Proposed Rules: 47 CFR 748...... 5686 7350, 7567, 7995, 8330 3...... 6223 0...... 7376 750...... 5686 31...... 7567 1...... 5707, 6920 39 CFR 752...... 5686 301...... 5017, 7567 2...... 5707 764...... 7867 602 ...... 5017, 7350, 7567 551...... 7688 20...... 6578 766...... 7867 Proposed Rules: 3001...... 7574 25...... 5707, 6578 774...... 5927 1 ...... 5101, 5797, 5940, 7183, Proposed Rules: 27...... 5711, 6920 7384, 7389 111...... 7887 54...... 5718, 6181 16 CFR 301...... 5101 64...... 5718, 8331 456...... 5451 40 CFR 73 ...... 6192, 6193, 6194, 6582, 602...... 6526 28 CFR 19...... 7121 8115, 8332, 8333, 8334 603...... 8532 2...... 5273 27...... 7121 Proposed Rules: Proposed Rules: 52 ...... 4852, 4856, 5036, 5286, 1...... 7615, 8132 310...... 7330 29 CFR 5289, 5932, 6160, 7096, 2...... 7397 315...... 5440 1910...... 7351 7127, 7133, 7370 15...... 5945, 7397

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20...... 6595 19...... 8312 231...... 8154 50 CFR 22...... 8132 25...... 8312 234...... 8155 17...... 8116 24...... 8132 235 ...... 8148, 8157, 8158 225...... 8115 100...... 5018 25...... 4908, 6595 1801...... 8335 242...... 8155 216...... 5720 27...... 8132 1804...... 5087 251...... 8159 229...... 6583 54...... 6229 1811...... 8335 252 .....8146, 8148, 8150, 8155, 600...... 8336 61...... 7615 1823...... 8335 8158, 8159 64...... 6595 1851...... 8335 622...... 5297, 6921 68...... 6595 1852...... 5087, 8335 49 CFR 648...... 4861 69...... 7615 660...... 8336 Proposed Rules: 107...... 6195 73 ...... 6238, 6239, 8355, 8356, 679 .....5298, 5299, 5934, 6198, 52...... 5480 171...... 6195 8357 6199, 7703, 7704, 7876 74...... 4908 201...... 8145 176...... 6195 202...... 8145 177...... 6195 Proposed Rules: 78...... 4908 17 ...... 6240, 6600, 8161, 8359 90...... 7397, 8132 203...... 8146 222...... 7169 205...... 8148 229...... 7169 100...... 5105 48 CFR 206...... 8149 538...... 7689 223 ...... 5810, 6621, 7719 Ch. I ...... 8315 209...... 8146, 8150 571...... 6583 300...... 5481, 8162 2...... 8312 212...... 8151 Proposed Rules: 600...... 5483, 7411 10...... 8312 214...... 8152 192...... 5305, 5480 622 ...... 7185, 7186, 7187, 7898 12...... 8312 224...... 8152 195...... 5305, 5480 635...... 6621 13...... 8312 226...... 8148 571...... 5108, 8160 648 ...... 5307, 6635, 8364, 8367 15...... 8312 228...... 8153 1546...... 8357 660...... 7188

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REMINDERS Boeing; published 2-9-04 sablefish, and promulgation; various The items in this list were McDonnell Douglas; groundfish; comments States; air quality planning editorially compiled as an aid published 1-20-04 due by 3-1-04; purposes; designation of to Federal Register users. Rolls-Royce plc; published published 1-29-04 [FR areas: Inclusion or exclusion from 1-20-04 04-01938] Ohio; comments due by 3- this list has no legal Pollock; comments due by 3-04; published 2-2-04 significance. 3-5-04; published 2-19- [FR 04-01966] COMMENTS DUE NEXT 04 [FR 04-03625] Air quality implementation WEEK Caribbean, Gulf, and South plans; approval and RULES GOING INTO Atlantic fisheries— promulgation; various EFFECT FEBRUARY 24, AGRICULTURE Offshore marine States: 2004 DEPARTMENT aquaculture; meetings; California; comments due by Agricultural Marketing comments due by 3-5- 3-5-04; published 2-4-04 AGRICULTURE Service 04; published 2-13-04 [FR 04-02264] DEPARTMENT Almonds grown in— [FR 04-03283] Florida; comments due by Animal and Plant Health California; comments due by Magnuson-Stevens Act 3-1-04; published 1-30-04 Inspection Service 3-5-04; published 1-6-04 provisions— [FR 04-01977] Interstate transportation of [FR 04-00169] Domestic fisheries; New Hampshire; comments animals and animal products AGRICULTURE exempted fishing permit due by 3-3-04; published (quarantine): DEPARTMENT applications; comments 2-2-04 [FR 04-02067] due by 3-3-04; South Carolina; comments Texas (splenetic) fever in Animal and Plant Health published 2-17-04 [FR due by 3-1-04; published cattle— Inspection Service State and area 04-03392] 1-29-04 [FR 04-01818] Plant-related quarantine, classifications; published Domestic fisheries; Tennessee; comments due domestic: 2-24-04 exempted fishing permit by 3-3-04; published 2-2- Pine shoot beetle; applications; comments 04 [FR 04-01970] FEDERAL comments due by 3-5-04; due by 3-3-04; Disadvantaged Business COMMUNICATIONS published 1-5-04 [FR 04- COMMISSION published 2-17-04 [FR Enterprise Program; 00080] 04-03391] Common carrier services: participation by businesses Plant-related quarantine, in procurement under Americans with Disabilities Fishery conservation and domestic: financial assistance Act; implementation— management: Golden nematode; agreements Individuals with hearing Caribbean, Gulf, and South comments due by 3-5-04; Hearing; comments due by and speech disabilities; Atlantic fisheries— published 1-5-04 [FR 04- 3-4-04; published 2-11-04 telecommunications King mackerel and reef 00079] [FR 04-02957] relay services and fish; meetings; Karnal bunt; comments due speech-to-speech comments due by 3-5- Environmental statements; by 3-5-04; published 1-5- services; published 2- 04; published 2-13-04 availability, etc.: 04 [FR 04-00078] 24-04 [FR 04-03282] Coastal nonpoint pollution AGRICULTURE HEALTH AND HUMAN COURT SERVICES AND control program— DEPARTMENT SERVICES DEPARTMENT OFFENDER SUPERVISION Minnesota and Texas; Food and Drug Natural Resources AGENCY FOR THE Open for comments Administration Conservation Service DISTRICT OF COLUMBIA until further notice; Loan and purchase programs: Semi-annual agenda; Open for published 10-16-03 [FR Public Health Security and 03-26087] Bioterrorism Preparedness Conservation Security comments until further and Response Act of 2002; Program; comments due notice; published 12-22-03 Pesticides; tolerances in food, implementation: by 3-2-04; published 1-2- [FR 03-25121] animal feeds, and raw agricultural commodities: Prior notice of imported food 04 [FR 03-31916] DEFENSE DEPARTMENT Cyprodinil; comments due shipments AGRICULTURE Acquisition regulations: DEPARTMENT by 3-1-04; published 12- Correction; published 2- Unique item identification 31-03 [FR 03-32061] 24-04 Rural Utilities Service and valuation; comments Pesticides; tolerances in food, NATIONAL AERONAUTICS Program regulations: due by 3-1-04; published animal feeds, and raw AND SPACE Bonds and notes issued for 12-30-03 [FR 03-31951] agricultural commodities: ADMINISTRATION electrification or telephone Unique item identification Fluroxypyr; comments due Arkansas purposes; guarantees; and valuation; correction; by 3-1-04; published 12- Government-owned comments due by 3-1-04; comments due by 3-1-04; 31-03 [FR 03-32007] published 1-2-04 [FR C3- contractor-operated published 12-30-03 [FR Superfund program: vehicle fleet management 03-31928] 31951] National oil and hazardous and reporting; published COMMERCE DEPARTMENT ENERGY DEPARTMENT substances contingency 2-24-04 National Oceanic and Federal Energy Regulatory plan— SECURITIES AND Atmospheric Administration Commission National priorities list EXCHANGE COMMISSION Fishery conservation and Electric rate and corporate update; comments due Organization, functions, and management: regulation filings: by 3-1-04; published 1- authority delegations: Alaska; fisheries of Virginia Electric & Power 29-04 [FR 04-01543] Director, Market Regulation Exclusive Economic Co. et al.; Open for National priorities list Division; published 2-24- Zone— comments until further update; comments due 04 General limitations; notice; published 10-1-03 by 3-1-04; published 1- TRANSPORTATION comments due by 3-1- [FR 03-24818] 29-04 [FR 04-01544] DEPARTMENT 04; published 1-29-04 ENVIRONMENTAL FEDERAL Federal Aviation [FR 04-01810] PROTECTION AGENCY COMMUNICATIONS Administration Individual Fishing Quota Air quality implementation COMMISSION Airworthiness directives: Program; halibut, plans; approval and Common carrier services:

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Satellite communications— published 1-6-04 [FR Agusta S.p.A.; comments Gas and hazardous liquid Coordination between 03-32336] due by 3-1-04; published gathering lines; safety non-geostationary and Range management: 12-31-03 [FR 03-31849] regulation; clarification and geostationary satellite Grazing administration— Airbus; comments due by 3- meeting; comments due orbit; comments due by Livestock grazing on 1-04; published 1-29-04 by 3-4-04; published 2-4- 3-3-04; published 2-2-04 public lands exclusive [FR 04-01908] 04 [FR 04-02310] [FR 04-01991] of Alaska; correction; Boeing; comments due by TREASURY DEPARTMENT comments due by 3-2- 3-2-04; published 2-6-04 HEALTH AND HUMAN Internal Revenue Service SERVICES DEPARTMENT 04; published 1-16-04 [FR 04-02477] [FR 04-01032] Bombardier; comments due Income taxes: Food and Drug INTERIOR DEPARTMENT by 3-1-04; published 1-29- Administration Credit for increasing Fish and Wildlife Service 04 [FR 04-01769] Medical devices: research activities; Endangered and threatened Dassault; comments due by comments due by 3-2-04; Dental devices— species: 3-1-04; published 1-29-04 published 1-2-04 [FR 03- Gold based alloys, Critical habitat [FR 04-01770] 31819] precious metal alloys designations— Fokker; comments due by and base metal alloys; Braun’s Rock-cress; 3-4-04; published 2-3-04 special controls comments due by 3-1- [FR 04-02106] LIST OF PUBLIC LAWS designation; comments 04; published 1-29-04 General Electric Co.; due by 3-1-04; [FR 04-01625] comments due by 3-2-04; This is a continuing list of published 12-1-03 [FR INTERIOR DEPARTMENT published 1-2-04 [FR 03- public bills from the current 03-29739] Surface Mining Reclamation 31665] session of Congress which Reports and guidance and Enforcement Office Glasflugel; comments due have become Federal laws. It documents; availability, etc.: Permanent program and by 3-4-04; published 2-5- may be used in conjunction Evaluating safety of abandoned mine land 04 [FR 04-02484] with ‘‘PLUS’’ (Public Laws antimicrobial new animal reclamation plan HPH s.r.o.; comments due Update Service) on 202–741– drugs with regard to their submissions: by 3-4-04; published 2-4- 6043. This list is also microbiological effects on Texas; comments due by 3- 04 [FR 04-02252] available online at http:// bacteria of human health 4-04; published 2-3-04 Pratt & Whitney; comments www.archives.gov/ [FR 04-02130] concern; Open for due by 3-1-04; published federal—register/public—laws/ comments until further JUSTICE DEPARTMENT 12-31-03 [FR 03-32156] public—laws.html. notice; published 10-27-03 Executive Office for Class B airspace; comments [FR 03-27113] Immigration Review: due by 2-29-04; published The text of laws is not published in the Federal HOMELAND SECURITY Attorneys and 11-17-03 [FR 03-28528] Register but may be ordered DEPARTMENT representatives Class E airspace; comments appearances; comments in ‘‘slip law’’ (individual Coast Guard due by 3-1-04; published 1- due by 3-1-04; published 14-04 [FR 04-00757] pamphlet) form from the Anchorage regulations: Superintendent of Documents, 12-30-03 [FR 03-32019] Noise certification standards: Maryland; Open for U.S. Government Printing NATIONAL ARCHIVES AND Subsonic jet airplanes and comments until further Office, Washington, DC 20402 RECORDS ADMINISTRATION subsonic transport notice; published 1-14-04 (phone, 202–512–1808). The Public availability and use: category large airplanes; [FR 04-00749] text will also be made Federal records and comments due by 3-1-04; HOMELAND SECURITY donated historical available on the Internet from published 12-1-03 [FR 03- GPO Access at http:// DEPARTMENT materials containing 29147] restricted information; www.gpoaccess.gov/plaws/ Citizenship and Immigration VOR Federal airways; index.html. Some laws may Services Bureau access restrictions; comments due by 3-1-04; comments due by 3-5-04; not yet be available. Immigration: published 1-14-04 [FR 04- published 1-5-04 [FR 04- 00754] Benefit application fee 00174] H.R. 2264/P.L. 108–200 TRANSPORTATION schedule; adjustment; NUCLEAR REGULATORY Congo Basin Forest DEPARTMENT comments due by 3-4-04; COMMISSION Partnership Act of 2004 (Feb. Federal Railroad published 2-3-04 [FR 04- Fee schedules revision; 92% 13, 2004; 118 Stat. 458) 02290] Administration fee recovery (2004 FY); Last List January 29, 2004 HOMELAND SECURITY comments due by 3-3-04; Railroad safety: DEPARTMENT published 2-2-04 [FR 04- Rail freight rolling stock Federal Emergency 02019] reflectorization; comments Management Agency POSTAL RATE COMMISSION due by 3-5-04; published Public Laws Electronic 11-6-03 [FR 03-27649] National Flood Insurance Practice and procedure: Notification Service Program: Postal service definition; TRANSPORTATION (PENS) DEPARTMENT Private sector property comments due by 3-1-04; National Highway Traffic insurers; assistance; published 1-23-04 [FR 04- 01389] Safety Administration PENS is a free electronic mail comments due by 3-1-04; notification service of newly SMALL BUSINESS Motor vehicle safety published 12-31-03 [FR enacted public laws. To ADMINISTRATION standards: 03-32198] subscribe, go to http:// Disaster loan areas: Small business entities; INTERIOR DEPARTMENT listserv.gsa.gov/archives/ Maine; Open for comments economic impacts; publaws-l.html Land Management Bureau until further notice; comments due by 3-5-04; Environmental statements; published 2-17-04 [FR 04- published 1-5-04 [FR 04- Note: This service is strictly availability, etc.: 03374] 00028] for E-mail notification of new Grazing administration— TRANSPORTATION TRANSPORTATION laws. The text of laws is not Livestock grazing on DEPARTMENT DEPARTMENT available through this service. public lands exclusive Federal Aviation Research and Special PENS cannot respond to to Alaska; comments Administration Programs Administration specific inquiries sent to this due by 3-2-04; Airworthiness directives: Pipeline safety: address.

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